Ezel / Agency Decisions / 18-0523-commission
OSHRC Commission decision Docket 18-0523 Decided April 6, 2022 Remanded

New River Electrical Corporation

Case remanded after court reversal

Apply this precedent to your situation

This is citable Commission precedent from 2022, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Decision of the Commission
This is a decision of the Occupational Safety and Health Review Commission, the highest level of agency review, and it is 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.
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 administrative law judge had affirmed an OSHA citation against New River Electrical Corporation, and that decision became a final Commission order. The Fourth Circuit reversed the judge's decision and returned the case to the Commission by mandate. The Commission then remanded the matter to the judge for further proceedings consistent with the court's opinion. This short order does not identify the cited OSHA standard or resolve the citation itself.

Decision snapshot

  • Cited standard(s): The remand order does not identify the standard underlying the citation.
  • Outcome: Case remanded to the administrative law judge following reversal by the Fourth Circuit.
  • Key point: After a court of appeals reverses a final Commission order, the Commission may return the case to the judge for proceedings consistent with the appellate ruling.

Full text (OSHRC public release)


Document

United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

1120 20 th
Street, N.W., Ninth Floor

Washington, DC 20036-3457

NEW RIVER ELECTRICAL
CORPORATI ON ,

v.

Respondent.

Complainant,

SECRETARY OF LABOR ,

OSHRC Docket No. 1 8 - 0523

REMAND ORDER

Before: ATTWOOD , Chairman
and
LAIHOW , Commissioner.

BY THE COMMISSION:

This case is before the Commission on remand from the United States Court of Appeals for the F ourth
Circuit. New River Elec .
Co rp .
v. OSHRC ,
25
F. 4th
21 3
( 4 th Cir. 20 22 ). Administrative Law Judge
Christopher D. Helms affirmed
a citation issued by the Occupational Safety and Health Administration to Respondent. New River
Elec. Co rp . ,
No. 18-0523, 2020 WL 6255455
( O.S.H.R.C.A.L.J. ,
Sep t . 11,
20 20 ). The judge’s decision became a final order of the Commission. On appeal, the F ourth
Circuit
reversed
the judge’s decision .
25
F. 4th
at
226 . By mandate filed
March 28, 2022 , the court has remanded this case to the Commission. We, in turn, remand this case to the judge for further proceedings consistent with the court’s opinion.

SO
ORDERED.

/s/               

Cynthia L. Attwood

Chairman

/s/               

Amanda
Wood
Laihow

Dated:    April 6, 2022                Commissioner

"

Get today's answer for your situation

You just read Commission precedent from 2022. 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.