National Oil Recovery Corp. (Commission decision, February 25, 1977)

Direction for review vacated

Decision type
Commission decision
Docket
76-0854
Decided
February 25, 1977
Outcome
Procedural
Precedential status
Citable Commission precedent
Checked against source
2026-07-29

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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 agency's own release.
Read the official release (oshrc.gov)

Plain-English summary

National Oil Recovery moved to vacate the Commission’s direction for review. The Commission granted the motion, so the judge’s decision became the final order of the Commission. Commissioner Moran dissented. The release does not describe the underlying citation, standard, penalty, or merits ruling.

Decision snapshot

  • Cited standard(s): No OSHA standard is identified in this procedural order.
  • Outcome: The direction for review was vacated, and the judge’s decision became the final Commission order.
  • Key point: Ending Commission review left the judge’s decision in effect without a Commission merits opinion.

Full text (OSHRC public release)

Docket No. 76-854

NATIONAL OIL RECOVERY CORP.

OSHRC Docket No. 76-854

Occupational Safety and Health Review Commission

February 25, 1977

COUNSEL:


[*1]

Baruch A. Fellner, Office of the Solicitor, USDOL

Francis V. LaRuffa, Regional Solicitor, U.S. Department of Labor

Wayne J. Positan, for the employer

OPINION:

ORDER

Respondent's Motion to Vacate the Direction for Review in the above-captioned case is hereby GRANTED, accordingly, the Judge's Decision becomes the final order of the Commission.

Commissioner Moran dissents from this Order.

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