Ezel / Agency Decisions / 12377-commission
OSHRC Commission decision Docket 12377, 12693 Decided November 24, 1975 Procedural

The Great Atlantic & Pacific Tea Co., Inc.

Direction for review vacated

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Currency note: this decision dates from 1975
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 direction for review in these consolidated Great Atlantic & Pacific Tea Company cases. It explained that the issue Commissioner Moran raised on the Commission's own initiative had not been raised, tried, or argued by the parties. The Commission also characterized the issue as one of publication policy rather than an adjudicative question under the OSH Act. The official release does not identify the underlying citations, standards, or penalties.

Decision snapshot

  • Outcome: The direction for review in Docket Nos. 12377 and 12693 was vacated.
  • Key point: A publication-policy question not raised or litigated by the parties did not present an issue for Commission adjudication.

Full text (OSHRC public release)

Docket Nos. 12377; 12693

THE GREAT ATLANTIC & PACIFIC TEA CO., INC.
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OSHRC Docket Nos. 12377; 12693

Occupational Safety and Health Review Commission

November 24, 1975

OPINION:

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[*1]
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ORDER

The direction for review in the above-captioned case is hereby vacated.
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The issue raised sua sponte on review by Commissioner Moran was not raised, tried, or argued by the parties.
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The issue raised by the Direction for Review concerns publication policy, and therefore it does not present an issue for adjudication by the Commission under the Occupational Safety and Health Act.
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