Ezel / Agency Decisions / 76-0291-commission
OSHRC Commission decision Docket 76-0291 Decided November 8, 1977 Procedural

National Steel & Shipbuilding Company

Judge's decision affirmed without Commission review

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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

The Commission had directed review after the Secretary petitioned to challenge the judge's decision. The Secretary later withdrew that petition, and the employer had not filed any exception of its own. With no party continuing to dispute the judge's disposition, the Commission declined substantive review and affirmed the decision. The release does not identify the underlying standards, citation result, or penalty.

Decision snapshot

  • Cited standard(s): None identified in the decision.
  • Outcome: The judge's decision was affirmed without substantive Commission review.
  • Key point: Once the only review petition was withdrawn, no disputed issue remained for the Commission to decide.

Full text (OSHRC public release)

Docket No. 76-291

NATIONAL STEEL & SHIPBUILDING COMPANY

OSHRC Docket No. 76-291

Occupational Safety and Health Review Commission

November 8, 1977

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

Baruch A. Fellner, Office of the Solicitor, USDOL

Mr. J. M. Orban, Associate Regional Solicitor

Bruce E. Allen, Industrial Relations, National Steel & Shipbuilding Co., for the employer

OPINION:

ORDER

BY THE COMMISSION: This case is before the Commission pursuant to a direction for review under 29 U.S.C. �
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661(i) which granted the complainant's petition for review.
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Subsequently, the complainant withdrew his petition for review.
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The respondent has not taken exception to the Judge's decision.
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Since no party now takes issue with are Judge's disposition of the case, the Commission will not review it.
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See Water Works Installation Corp., 76 OSAHRC 61/B8, 4 BNA OSHC 1339, 1976-77 CCH OSHD para. 20,708 (No. 4136, 1976); Crane Co., 76 OSAHRC 37/A2, 4 BNA OSHC 1015, 1975-76 CCH OSHD para. 20,508 (No. 3336, 1976).

Accordingly, the Judge's decision is affirmed.
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