KS Energy Services, Inc. (Commission decision, April 26, 2011)

Plain-English summary

The Commission vacated its earlier direction for review of the case. As a result, the administrative law judge's decision became the Commission's final order on April 26, 2011. The order does not discuss the underlying citations or explain why review was withdrawn. It expressly states that the judge's unreviewed decision does not constitute binding Commission precedent.

Decision snapshot

• Cited standard(s): None identified in this procedural order.
• Outcome: Direction for review vacated; the administrative law judge's decision became the final order of the Commission.
• Key point: An unreviewed administrative law judge's decision can become a final order without becoming binding Commission precedent.

Full text (OSHRC public release)

KS Energy Services, inc., Docket No. 09-1272

SECRETARY OF LABOR,

Complainant,

v.

OSHRC Docket No. 09-1272

KS ENERGY SERVICES, INC.,

Respondent.

ORDER VACATING DIRECTION FOR REVIEW

After further consideration, the Commission has decided to vacate the Direction for Review in this matter. Accordingly, the Administrative Law Judge’s Decision is the final order of the Commission as of the date of this order and is afforded the precedent of an unreviewed Administrative Law Judge’s Decision. See Leone Constr. Co. , 3 BNA OSHC 1979, 1981, 1975-1976 CCH OSHD ¶ 20,387, p. 24,322 (No. 4090, 1976) (finding that unreviewed administrative law judge decision does not constitute binding precedent for the Commission).

SO ORDERED.

__/s/____

Thomasina V. Rogers

Chairman

__/s/____

Horace A. Thompson III

Commissioner

__/s/_____

Cynthia L. Attwood

Dated: April 26, 2011                     Commissioner