Ezel / Agency Decisions / 76-1473

Colfry Brothers Terrazzo Contractors, Inc. (Commission decision, May 11, 1977)

Commission declines review and affirms the ALJ decision

Decision type
Commission decision
Docket
76-1473
Decided
May 11, 1977
Outcome
Citations affirmed
Precedential status
Not precedent (judge's decision affirmed without review)
Checked against source
2026-07-23
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 procedural order in a case involving Colfry Brothers Terrazzo Contractors, Inc. The case came to the Commission on its own (sua sponte) order for review, but neither party filed objections, a petition for discretionary review, or any expression of dissatisfaction with the Administrative Law Judge's decision. Because there was no appeal and the order for review identified no compelling public interest issue, the Commission declined to pass upon, modify, or change the judge's decision and ordered it affirmed. The Commission gave the decision the weight of an unreviewed ALJ decision. This release contains only the Commission's order and does not include the underlying ALJ decision, so the specific citations, standards, and penalty are not stated here. The practical effect is that the ALJ's decision stands as the final disposition of the case.

Decision snapshot

  • Cited standard(s): None stated in this order; the underlying ALJ decision is not part of this release.
  • Outcome: Affirmed. Finding no compelling public interest, the Commission declined to disturb the ALJ decision and ordered it affirmed, giving it the weight of an unreviewed ALJ decision.
  • Key point: When a case is directed for review but no party objects and no compelling public interest issue is raised, the Commission will decline to review and let the ALJ decision stand.

Full text (OSHRC public release)

Docket No. 76-1473

COLFRY BROTHERS TERRAZZO CONTRACTORS, INC.

OSHRC Docket No. 76-1473

Occupational Safety and Health Review Commission

May 11, 1977

[*1]

Before BARNAKO, Chairman; and CLEARY, Commissioner

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Ronald M. Gaswirth, Regional Solicitor, USDOL

Mr. G. L. Colfry, President, Colfry Brothers Terrazzo Contractors, Inc., for the employer

OPINION:

DECISION

This case is before the Commission pursuant to a sua sponte order for review.

The parties have filed no objections to the Administrative Law Judge's decision, either by way of petitions for discretionary review or response to the order for review.

Accordingly, there has been no appearl to the Commission, and no party has otherwise expressed dissatisfaction with the Administrative Law Judge's decision.

In there circumstances, the Commission declines to pass upon, modify or change the Judge's decision in the absence of compelling public interest.

Abbott-Sommer, Inc., 3 BNA OSHC 2032, 1975-76 CCH OSHD para. 20,428 (No. 9507, 1976); Crane Co., 4 BNA OSHC 1015, 1975-76 CCH OSHD para. 20,508 (No. 3336, 1976); see also Keystone Roofing Co., Inc., v. O.S.H.R.C., 539 F.2d 960, 964 (3d Cir. 1976). The order for review in this case describes no compelling public interest issue.

The Judge's decision is accorded [*2]

the significance of an unreviewed Judge's decision.

Leone Constr. Co., 3 BNA OSHC 1979, 1975-76 CCH OSHD para. 20,387 (No. 4090, 1976).

It is ORDERED that the decision be affirmed.

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