Ezel / Agency Decisions / 77-0396-commission

Crescent Plating Works, Inc. (Commission decision, October 26, 1977)

Contest dismissal set aside and case remanded

Decision type
Commission decision
Docket
77-0396
Decided
October 26, 1977
Outcome
Remanded
Precedential status
Citable Commission precedent
Checked against source
2026-07-28
Official source
Read the official release (oshrc.gov)

Apply this precedent to your situation

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

The judge had dismissed Crescent Plating Works' notice of contest and affirmed the citations and proposed penalties. The Commission directed that order for review. After both parties jointly moved to vacate it and showed good cause, the Commission granted the motion, set aside the dismissal, and remanded the case for further proceedings. The release does not identify the underlying standards or penalty amounts.

Decision snapshot

  • Cited standard(s): None identified in the order.
  • Outcome: The contest dismissal and resulting citation affirmance were set aside, and the case was remanded.
  • Key point: A supported joint motion allowed the employer's contest to proceed instead of ending by dismissal.

Full text (OSHRC public release)

Docket No. 77-396

CRESCENT PLATING WORKS, INC.
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OSHRC Docket No. 77-396

Occupational Safety and Health Review Commission

October 26, 1977

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[*1]
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Before CLEARY, Chairman; and BARNAKO, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Herman Grant, Regional Solicitor

Donald Saporito, President, Crescent Plating Works, Inc., for the employer

OPINION:

DIRECTION FOR REVIEW AND ORDER

BY THE COMMISSION:

Pursuant to section 12(j) of the Occupational Safety and Health Act, the Judge's order dismissing Respondent's notice of contest and affirming the citations and proposed penalties is hereby directed for review.

Good cause having been shown, the parties' joint motion to vacate the order is granted.
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The Judge's order is set aside, and the case is remanded for further proceedings.
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