Ezel / Agency Decisions / 09-1901-commission
OSHRC Commission decision Docket 09-1901 Decided April 30, 2020 Procedural

Seward Ship's Drydock, Inc.

Prior decisions vacated after notice of contest withdrawn

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Currency note: this decision dates from 2020
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 Ninth Circuit reversed the Commission's earlier decision in the Seward Ship's Drydock case and returned the matter to the Commission. After the court's mandate, the company withdrew its notice of contest under Commission Rule 102. The Commission therefore vacated both its 2018 decision and the administrative law judge's 2011 decision. This final order does not identify the underlying OSHA standard, citation disposition, or penalty amount.

Decision snapshot

  • Cited standard(s): No specific OSHA standard is identified in this final order.
  • Outcome: The prior Commission and judge decisions were vacated after the employer withdrew its notice of contest.
  • Key point: Withdrawal of a notice of contest after a court remand can end the adjudication and require prior agency decisions to be vacated.

Full text (OSHRC public release)

SEWARD SHIP’S DRYDOCK, INC., OSHRC Docket No. 09-1901

United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

1120 20 th
Street, N.W., Ninth Floor

Washington, DC 20036-3457

SECRETARY OF LABOR ,

Complainant,

v.

SEWARD SHIP’S DRYDOCK, INC.,

Respondent.

OSHRC Docket No. 09-1901

FINAL ORDER

This case is on remand from
t he United States Court of Appeals for the Ninth Circuit . Sec’y of Labor v. Seward Ship’s Drydock, Inc. ,
937 F.3d 1301
(9th Cir.
2019),
rev’g
26 BNA OSHC 2303, 2305-08 (No. 09-1901, 2018) . The Ninth Circuit’s formal mandate was received by the Commission on November 4, 2019. On
April
29 , 2020,
Respondent
withdr e w its Notice of Contest
in the case
pursuant to Commission Rule 102, 29 C.F.R. §   2200.102. The Commission therefore vacates
its
decision issued on
February 28, 2018 ,
and Administrative Law Judge
Patrick B. Augustine ’s
d ecision
issued on
October 6, 2011 .   

SO
ORDERED.

BY DIRECTION OF THE COMMISSION

Dated:    April 30, 2020                /s/               

John X. Cerveny      

Executive Secretary

"

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