62 Ohio St. 2d 4 | Ohio | 1980
Appellant asserts that the commission abused its discretion in finding that the appellant did not provide a screen or shield that claimants could have used in the compressor room while welding. The evidence on this question of fact is in conflict. Since there is some evidence supporting the commission’s finding, however, mandamus cannot lie. See State, ex rel. Wallace, v. Indus. Comm. (1979), 57 Ohio St. 2d 55, 58.
Appellant also contends that Ohio’s specific safety requirements, such as that in the case at bar, have been preempted by the federal Occupational Safety and Health Act of 1970 (OSHA). It argues that Congress expressly intended to limit state regulation of occupational safety and health matters to areas where federal standards have not been developed, or,where they have been developed, to areas where state plans have been approved by the Secretary of Labor. See Section 667, Title 29, U.S. Code.
Finally, appellant contends that the Court of Appeals committed reversible error by allowing appellee to tardily file its answers to appellant’s requests for admissions. Pursuant to Civ. R. 6(B)(2), however, the Court of Appeals had the discretion to allow appellee to file the answers late if it found, as it did, that the failure to act was the result of excusable neglect.
Accordingly, the judgment of the Court of Appeals is affirmed.
Judgment affirmed.