State ex rel. Hirschvogel, Inc. v. Miller

The commission’s order contains an accurate recitation of the two specific safety requirements currently at issue — Ohio Adm.Code 4121:1-5-12(D)(3)(a)(i) and (4)(a). Hirschvogel does not dispute noncompliance with these specific safety requirements. The Cratex 203-A grinding wheel was not attached to the wheel armature with flanges, and the wheel’s maximum rated speed was greatly exceeded by the minimum speed of the grinder.

Hirschvogel instead attempts to excuse its noncompliance by asserting that the provisions do not apply. Alternatively, it alleges that claimant acted negligently, thereby…