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STATE, EX REL. NORTHERN PETROCHEMICAL CO., NORTECH DIV., v. INDUS. COMM.

No. 90-377.

61 Ohio St.3d 453 (1991)

THE STATE, EX REL. NORTHERN PETROCHEMICAL COMPANY, NORTECH DIVISION, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 14, 1991.

Attorney(s) appearing for the Case

Benesch, Friedlander, Coplan & Aronoff, James F. DeLeone and John F. Stock, for appellant.

Lee I. Fisher, Attorney General, Michael L. Squillace and Jetta Mencer, for appellee Industrial Commission.

W. Michael Shay, for appellee Donna L. Lutz.

Per Curiam.

Former Ohio Adm.Code 4121:1-5-13(I)(1) (now 4121:1-5-14[F][4][a]) stated:

"(I) Lifting of personnel.

"Lift trucks equipped with vertical only, or vertical and horizontal travel controls using a limited carriage or forks for lifting of personnel shall:

"(1) Have a platform with standard guardrails, intermediate rail, and toeboards, and a mast guard seventy-two (72) inches in height, all securely fastened to the lifting carriage...

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