Southwest Industrial Contractors & Riggers, Inc.

Plain-English summary

This is a short Commission order in a case involving Southwestern Industrial Contractors and Riggers, Inc. After an Administrative Law Judge ruled on the case, the Commission brought it up for review on its own motion. Neither party objected to the judge's decision or otherwise asked the Commission to change it. Because no party raised a dispute and the review order identified no compelling public interest issue, the Commission declined to examine the merits and affirmed the judge's decision. The underlying ALJ decision is not included in this release, so the cited standard, alleged violation, and penalty are not stated here.

Decision snapshot

• Cited standard(s): Not stated in this release.
• Outcome: The Administrative Law Judge's decision was affirmed without merits review.
• Key point: When no party objects and no compelling public interest is identified, the Commission may leave the judge's decision unchanged with the significance of an unreviewed judge's decision.

Full text (OSHRC public release)

Docket No. 14424

SOUTHWESTERN INDUSTRIAL CONTRACTORS AND RIGGERS, INC.
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OSHRC Docket No. 14424

Occupational Safety and Health Review Commission

May 27, 1977

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Before BARNAKO, Chairman; and CLEARY, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Ronald M. Gaswirth, Reg. Sol., USDOL

Mr. Stephen B. Tatem, Jr., for the employer

OPINION:

DECISION

This case is before the Commission pursuant to a sua sponte order for review.
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The parties have filed no objections to the Administrative Law Judge's decision, either by way of petitions for discretionary review or response to the order for review.
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Accordingly, there has been no appeal to the Commission, and no party has otherwise expressed dissatisfaction with the Administrative Law Judge's decision.

In these circumstances, the Commission declines to pass upon, modify or change the Judge's decision in the absence of compelling public interest.
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Abbott-Sommer, Inc., 3 BNA OSHC 2032, 1975-76 CCH OSHD para. 20,428 (No. 9507, 1976); Crane Co., 4 BNA OSHC 1015, 1975-76 CCH OSHD para. 20,508 (No. 3336, 1976); see also Keystone Roofing Co., Inc., v. O.S.H.R.C., 539 F.2d 960, 964 (3d Cir. 1976). The order for review in this case describes no compelling public interest issue.

The Judge's decision is accorded the significance of an unreviewed Judge's decision.
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Leone Constr. Co., 3 BNA OSHC 1979, 1975-76 CCH OSHD para. 20,387 (No. 4090, 1976).

It is ORDERED that the decision be affirmed.
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