Ezel / Agency Decisions / 76-0077

Fluor Engineers & Constructors, Inc. (Commission decision, June 2, 1977)

Commission declines review and affirms the judge's decision

Decision type
Commission decision
Docket
76-0077
Decided
June 2, 1977
Outcome
Citations affirmed
Precedential status
Not precedent (judge's decision affirmed without review)
Checked against source
2026-07-28
Official source
Read the official release (oshrc.gov)

Apply this to your situation

This order from 1977 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current OSHA standards and Commission precedent say, 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.
Judge's decision affirmed without review, not precedent
The Commission declined to review the merits and affirmed the judge's decision, which therefore carries only the weight of an unreviewed judge's decision: it binds the parties but is not Commission precedent.
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 agency's own release.
Read the official release (oshrc.gov)

Plain-English summary

This is a short Commission order in a case involving Fluor Engineers & Constructors, Inc. A former Commissioner had directed review of the Administrative Law Judge's decision on the Commission's own motion. Neither party challenged the judge's disposition. The Commission therefore declined to review the case and affirmed the judge's decision, giving it the significance of an unreviewed 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 neither party challenges the 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. 76-77

FLUOR ENGINEERS & CONSTRUCTORS, INC.

OSHRC Docket No. 76-77

Occupational Safety and Health Review Commission

June 2, 1977

[*1]

Before BARNAKO, Chairman; and CLEARY, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Ronald M. Gaswirth, Regional Solicitor, USDOL

William A. Jones, Jr., 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.

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