Ezel / Agency Decisions / 16194-commission
OSHRC Commission decision Docket 16194 Decided May 23, 1977 Citations affirmed

Westinghouse Electric Corp.

Commission lets the judge's decision stand

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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

This is a short Commission order involving Westinghouse Electric Corp. The Commission called the case for review on its own motion after an Administrative Law Judge issued a decision. Neither party objected to that decision or otherwise asked the Commission to change it. Because the review order identified no compelling public interest issue, the Commission declined to examine the merits and affirmed the judge's decision. The release does not identify the cited standard, the underlying facts, or the penalty.

Decision snapshot

  • Cited standard(s): Not stated in this release.
  • Outcome: The Administrative Law Judge's decision was affirmed without merits review.
  • Key point: The Commission may leave a judge's decision unchanged when no party objects and no compelling public interest calls for merits review.

Full text (OSHRC public release)

Docket No. 16194

WESTINGHOUSE ELECTRIC CORP.
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OSHRC Docket No. 16194

Occupational Safety and Health Review Commission

May 23, 1977

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[*1]
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Before BARNAKO, Chairman; and CLEARY, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Marshall H. Harris, Regional Solicitor

Martin J. Saunders, Westinghouse Electric Corp., 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 [*2]
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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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