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STATE EX REL. PRESSWARE INTERNATL., INC. v. INDUS. COMM.

No. 96-2600.

85 Ohio St.3d 284 (1999)

THE STATE EX REL. PRESSWARE INTERNATIONAL, INC., APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided April 7, 1999.

Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease and Robert E. Tait, for appellant.

Betty D. Montgomery, Attorney General, and Michael A. Vanderhorst, Assistant Attorney General, for appellee Industrial Commission.

Gibson & Robbins—Penniman and Corrine S. Carman, for appellee Marjorie Sheerin.

Per Curiam.

Pressware contests the two violations assessed against it. Upon review, we find that the commission abused its discretion as to Ohio Adm.Code 4121:1-5-10(D)(2)(d)(i) only.

Ohio Adm.Code 4121:1-5-10(E)(1) provides:

"The employer shall furnish and require the use of hand tools for freeing and removing stuck work or scrap pieces from the dies, so that no employee need reach into the point of operation for such purposes...

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