Ezel / Agency Decisions / 08-0094-commission

Ernie's Tree Service (Commission decision, December 2, 2008)

Commission approved settlement after directing review

Decision type
Commission decision
Docket
08-0094
Decided
December 2, 2008
Outcome
Settled
Precedential status
Citable Commission precedent
Checked against source
2026-07-22
Official source
Read the official release (oshrc.gov)
PDF
View Official PDF

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This is citable Commission precedent from 2008, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 2008
The OSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Decision of the Commission
This is a decision of the Occupational Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance; check subsequent history before relying on it. The full text below is from the official OSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official OSHRC release. The full text is the agency's own release.
Read the official release (oshrc.gov)

Plain-English summary

Ernie's Tree Service petitioned for Commission review of the administrative law judge's disposition, and the Commission directed the case for review and requested briefing. The parties then signed a stipulation and settlement agreement that the Secretary submitted to the Commission. After reviewing the record, the Commission approved the agreement and entered a final order. The order does not identify the underlying cited standard or state the settlement terms.

Decision snapshot

  • Cited standard(s): None identified in this final order.
  • Outcome: The Commission approved the parties' settlement agreement.
  • Key point: A settlement reached after review was directed may be approved by the Commission as the final disposition.

Full text (OSHRC public release)

Ernie's Tree Service, Docket No. 08-0094

SECRETARY OF LABOR,

Complainant,

v.

OSHRC Docket No. 08-0094

ERNIE’S TREE SERVICE,

Respondent.

FINAL ORDER

The Respondent filed a Petition for Discretionary Review regarding the
Administrative Law Judge’s disposition of this matter. The Commission thereafter directed the
case for review and issued a briefing notice.

The parties subsequently signed a Stipulation and Settlement Agreement that the
Secretary filed with the Commission. Having reviewed the record, the Commission approves
the Stipulation and Settlement Agreement. Commission Rule 100, 29 C.F.R. § 2200.100.

So ordered.

BY DIRECTION OF THE COMMISSION

Dated: December 2, 2008                           /s/____

Ray H. Darling, Jr.

Executive Secretary

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