State ex rel. Crescent Metal Products, Inc. v. Industrial Commission
State ex rel. Crescent Metal Products, Inc. v. Industrial Commission
Opinion of the Court
IC-5-08.03(A)(l) provides that “[e]very power press in use shall be constructed, or shall be guarded to prevent the hands or fingers of the operator from entering the danger zone during the operating cycle.” IC-5-08.03(G) provides that “[t]he requirements of IC-5-08.03(A) to IC-5-08.03(F), inclusive, shall be applicable to power press brakes when used for other then bending or breaking.” Appellant does not dispute the finding of the commission that the press brake was not constructed or guarded to meet the requirements of IC-5-08.03(A) and (G). Rather, it alleges that any obligations imposed upon it by IC-5-08.03(A) and (G) are so uncertain as to make them invalid. To be constitutional under Section 35, Article II of the Constitution of Ohio, a specific safety requirement must prescribe specific and definite requirements or standards of conduct which are of a character plainly to apprise an employer of his legal obligations toward his employees. State, ex rel. Trydle, v. Indus. Comm. (1972), 32 Ohio St. 2d 257.
This court will not issue a writ of mandamus against the commission unless it abused its discretion in that there is no evidence to support its decision. State, ex rel. City Iron Works, v. Indus. Comm. (1977), 52 Ohio St. 2d 1, 3. Appellant’s own plant foreman, Hudik, testified in his affidavit, however, that Comiskey had been using the press brake in a “forming and bending process” on the date of his injury. Thus, the commission did not abuse its discretion in issuing its finding herein.
Appellant also argues that the commission abused its discretion when its hearing officer refused to admit in evidence a manufacturer’s brochure on press brakes and a further affidavit by Hudik as support for appellant’s motion for rehearing. The hearing officer refused to admit the evidence because he believed that it was not “new and additional proof.” See Ohio Adm. Code 4121-3-20(G). Based on the record before us, we cannot say that this constitutes an abuse of discretion.
Accordingly, the judgment of the Court of Appeals is affirmed.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.