Ezel / Agency Decisions / 11957-commission
OSHRC Commission decision Docket 11957 Decided August 17, 1976 Procedural

Wilson & Company, Inc.

Late direction for review vacated

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Currency note: this decision dates from 1976
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 the direction for review in Wilson & Company's case. The review order had not been filed within 30 days after the Commission received the administrative law judge's decision. The Commission treated that timing requirement under 29 U.S.C. § 661(i) as controlling. The official release does not identify the underlying workplace facts, cited standards, citation disposition, or penalties.

Decision snapshot

  • Cited standard(s): None identified in the official release
  • Outcome: The direction for review was vacated as untimely.
  • Key point: A Commission review direction filed outside the statutory 30-day period could not stand.

Full text (OSHRC public release)

Docket No. 11957

WILSON & COMPANY, INC.
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OSHRC Docket No. 11957

Occupational Safety and Health Review Commission

August 17, 1976

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[*1]
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Before BARNAKO, Chairman; MORAN and CLEARY, Commissioners.
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COUNSEL:

T. A. Housh, Jr. Regional Solicitor

Grover E. Wamsley, Wilson & Company, Inc., Law Department, for the employer

OPINION:

ORDER VACATING DIRECTION FOR REVIEW

BY THE COMMISSION:

The order for review issued in the above-captioned case is hereby vacated for not having been filed within 30 days of the receipt by the Commission of the Judge's decision, as required by 29 U.S.C. �
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661(i).
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See Gurney Manufacturing Co., 6 OSAHRC 637, BNA 1 OSHC 1376, CCH OSHD para. 16,805 (1973).
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