Ezel / Agency Decisions / 15704-commission
OSHRC Commission decision Docket 15704 Decided June 15, 1977 Citations affirmed

Phillips Roofing Co.

Commission declines review and affirms the judge's decision

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

The Phillips Roofing Co. case reached the Commission through a former Commissioner's order directing review. Neither party challenged the administrative law judge's disposition. The Commission therefore declined to review the case and stated that the judge's decision would have the significance of an unreviewed judge's decision. It affirmed that decision without discussing the underlying citations, any specific safety standard, or a penalty amount.

Decision snapshot

  • Cited standard(s): No specific OSHA standard is identified in the Commission order.
  • Outcome: Affirmed. The Commission declined substantive review because neither party disputed the judge's disposition, then affirmed the judge's decision.
  • Key point: When the parties do not take issue with an administrative law judge's disposition, the Commission may decline review and leave the decision with the significance of an unreviewed judge's decision.

Full text (OSHRC public release)

Docket No. 15704

PHILLIPS ROOFING CO.
�

OSHRC Docket No. 15704

Occupational Safety and Health Review Commission

June 15, 1977

�
[*1]
�

Before BARNAKO, Chairman; and CLEARY, Commissioner.

COUNSEL:

Baruch A. Fellner, Counsel for Regional Litigation, Office of the Solicitor, USDOL

Ronald M. Gaswirth, Regional Solicitor

Jack T. Crabtree, for the employer

OPINION:

ORDER

BY THE COMMISSION: This case is before the Commission pursuant to a sua sponte order for review by former Commissioner Moran.
�
The parties have not taken issue with the Judge's disposition of the case.
�
In these circumstances, the Commission will not review the case.
�
See Water Works Installation Corp., 76 OSAHRC 61/B8, 4 BNA OSHC 1339, 1976-77 CCH OSHD para. 20,780 (No. 4136, 1976); Crane Co., 76 OSAHRC 37/A2, 4 BNA OSHC 1015, 1975-76 CCH OSHD, 20,508 (No. 3336, 1976).

The Judge's decision is accorded the significance of an unreviewed Judge's decision.
�
Leone Constr. Co., 76 OSAHRC 12/E6, 3 BNA OSHC 1979, 1975-76 CCH OSHD para. 20,387 (No. 4090, 1976).

Accordingly, 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.