Ezel / Agency Decisions / 12203-commission
OSHRC Commission decision Docket 12203 Decided August 29, 1977 Citations vacated

Union Camp Corporation

Noise citation vacation affirmed

Apply this precedent to your situation

This is citable Commission precedent from 1977, 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 1977
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

An OSHRC judge vacated a citation alleging that Union Camp failed to comply with the occupational noise-control standard. The company challenged four findings in the judge's decision but did not ask the Commission to reverse the result. The Commission declined to address issues that would not change the favorable disposition. It affirmed the judge's decision, leaving the citation vacated. The release does not describe the workplace facts or any proposed penalty.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 1910.95(b)(1)
  • Outcome: Noise citation remained vacated
  • Key point: The Commission will not decide objections to findings when the party does not seek a change in the favorable judgment.

Full text (OSHRC public release)

Docket No. 12203

UNION CAMP CORPORATION

OSHRC Docket No. 12203

Occupational Safety and Health Review Commission

August 29, 1977

�
[*1]
�

Before BARNAKO, Chairman; and CLEARY, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Norman H. Winston, Assoc. Reg. Sol., USDOL

J. D. Fleming, Jr., for the employer

Mr. E. M. Herrington, Pres., Local 407, 435, 388, United Paperworkers International Union, for the employees

OPINION:

DECISION

BY THE COMMISSION: A decision of Review Commission Judge John S. Patton, dated February 9, 1976, is before this Commission for review pursuant to 29 U.S.C. �
�
661(i).
�
That decision vacated a citation which alleged that the respondent had violated 29 U.S.C. �
�
654(a)(2) by failing to comply with the occupational safety and health standard codified at 29 C.F.R. �
�
1910.95(b)(1).

On review the respondent takes exceptions to four findings by Judge Patton but does not request reversal of the Judge's decision.
�
Under these circumstances, we will not address the issues raised by the respondent.
�
West Point Pepperell, Inc., 77 OSAHRC 48/B14, 5 BNA OSHC 1257, 1977-78 CCH OSHD para. 21,751 (No. 8255, 1977), appeal docketed, No. 77-2156, 5th Cir., June 6, 1977; Weyerhaeuser Company, 77 OSAHRC 44/D6, 5 BNA OSHC 1275, 1977-77 CCH OSHD para. 21,716 (No. 11869, 1977).

Accordingly,
�
[*2]
�
the Judge's decision is affirmed.
�

Get today's answer for your situation

You just read Commission precedent from 1977. Ezel checks whether it still stands, including any court review since, and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.