Ezel / Agency Decisions / 76-0854-commission
OSHRC Commission decision Docket 76-0854 Decided February 25, 1977 Procedural

National Oil Recovery Corp.

Direction for review vacated

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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

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.
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OSHRC Docket No. 76-854

Occupational Safety and Health Review Commission

February 25, 1977

COUNSEL:

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[*1]
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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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