Ezel / Agency Decisions / 09-1272-commission
OSHRC Commission decision Docket 09-1272 Decided April 26, 2011 Procedural

KS Energy Services, Inc.

Review withdrawn and judge's decision made final

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Currency note: this decision dates from 2011
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 Commission's own document.
Read the official release (oshrc.gov)

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 The order does not discuss the underlying citations or explain why review was withdrawn.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

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