Ezel / Agency Decisions / 76-2053

Leggett & Platt, Inc. (Commission decision, June 29, 1977)

Commission declines sua sponte review and lets the ALJ decision stand

Decision type
Commission decision
Docket
76-2053
Decided
June 29, 1977
Outcome
Procedural
Precedential status
Not precedent (judge's decision affirmed without review)
Checked against source
2026-07-27
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 brief Commission order in a case involving Leggett & Platt, Inc. Former Commissioner Moran had directed the Administrative Law Judge's decision up for review on the Commission's own motion (sua sponte). Neither party took issue with how the judge disposed of the case. Because no party was dissatisfied, the Commission decided not to review it. The Commission affirmed the judge's decision and gave it only the weight of an unreviewed judge's decision, meaning it binds these parties but is not Commission precedent. The order does not restate what the underlying citations were or how the judge ruled on them.

Decision snapshot

  • Cited standard(s): none stated in this order
  • Outcome: Affirmed without substantive review; the ALJ decision stands with the significance of an unreviewed judge's decision.
  • Key point: When a case reaches the Commission only on a sua sponte review order and no party contests the judge's disposition, the Commission will not review it.

Full text (OSHRC public release)

Docket No. 76-2053

LEGGETT & PLATT, INC.

OSHRC Docket No. 76-2053

Occupational Safety and Health Review Commission

June 29, 1977

Before BARNAKO, Chairman; and CLEARY, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Ronald M. Gaswirth, Regional Solicitor, USDOL

Mike Seney, President, Professional Safety, Inc., for the employer

OPINION:

ORDER

BY THE COMMISSION: This case is before the Commission pursuant to a sua sponte order for review by former Commissioner Moran.

The parties have not taken issue with the Judge's disposition of the case.

In these circumstances, the Commission will not review the case. See Water Works Installation Corp., 76 OSAHRC 61/B8, 4 BNA OSHC 1339, 1976-77 CCH OSHD para. 20,780 (No. 4136, 1976); Crane Co., 76 OSAHRC 37/A2, 4 BNA OSHC 1015, 1975-76 CCH OSHD, 20,508 (No. 3336, 1976).

The Judge's decision is accorded the significance of an unreviewed Judge's decision. Leone Constr. Co., 76 OSAHRC 12/E6, 3 BNA OSHC 1979, 1975-76 CCH OSHD para. 20,387 (No. 4090, 1976).

Accordingly, the Judge's decision is affirmed.

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