Ezel / Agency Decisions / 76-1056-commission
OSHRC Commission decision Docket 76-1056, 76-1311 Decided August 17, 1978 Procedural

Eaton Corporation

Review petition withdrawn

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Currency note: this decision dates from 1978
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

Eaton Corporation petitioned for Commission review of an Administrative Law Judge's decision in two consolidated dockets. A Commissioner granted review, but Eaton later moved to withdraw its petition. No party objected to the judge's decision. The Commission granted the withdrawal and affirmed the decision without giving it precedential value. The short release does not identify the cited standards, citation disposition, or penalty.

Decision snapshot

  • Cited standard(s): None identified in the order.
  • Outcome: Eaton's review petition was withdrawn and the ALJ decision was affirmed without precedential value.
  • Key point: When the review petitioner withdraws and no party objects, the Commission may end review while leaving the ALJ decision nonprecedential.

Full text (OSHRC public release)

Docket Nos. 76-1056; 76-1311

EATON CORPORATION

OSHRC Docket Nos. 76-1056; 76-1311

Occupational Safety and Health Review Commission

August 17, 1978

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Before Cleary, Chairman; BARNAKO and COTTINE, Commissioners.
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COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Marshall H. Harris, Reg. Sol., USDOL

H. Burton Bracy, Eaton Corporation

Joe Bank, President, USWA, Local 7177

Roy E. Starnes, Director District 35, USWA

OPINIONBY: CLEARY

OPINION:

DECISION

CLEARY, Chairman:

This case is before the Commission by an order of Commissioner Barnako granting a petition for review filed by the respondent, Eaton Corporation.
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The petition included several exceptions to a decision rendered June 1, 1977, by Administrative Law Judge Benjamin G. Usher.
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On June 5, 1978, a motion to withdraw its petition for review was received by the Commission from respondent.
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There being no objection by any party to the Judge's decision, respondent's motion is granted and the Judge's decision is affirmed, without being accorded any precedential value.
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Koppers Company, Inc., 77 OSAHRC 44/A4, 5 BNA OSHC 1306, 1977-78 CCH OSHD para. 21,723 (No. 3449, 1977).

So ORDERED.
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