Ezel / Agency Decisions / 78-0127

Brown & Root, Inc. (Commission decision, May 16, 1984)

Petition for review dismissed after appellate remand

Decision type
Commission decision
Docket
78-0127
Decided
May 16, 1984
Outcome
Procedural
Precedential status
Citable Commission precedent
Checked against source
2026-07-26
Official source
Read the official release (oshrc.gov)

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Currency note: this decision dates from 1984
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 Fifth Circuit reversed the Commission's September 30, 1982 order and remanded with instructions to dismiss the petition for review. The Commission dismissed the petition as directed. It ordered the administrative law judge to terminate all proceedings consistently with the appellate mandate.

Decision snapshot

  • Cited standard(s): The official release does not identify an OSHA standard.
  • Outcome: Petition for review dismissed; further proceedings ordered terminated.
  • Key point: The Commission implemented the court of appeals' mandate without reaching any underlying citation issue.

Full text (OSHRC public release)

Docket No. 78-0127

SECRETARY OF LABOR,

Complainant,

v.

BROWN & ROOT, INC.

Respondent,

INTERNATIONAL ASSOCIATION OF

BRIDGE, STRUCTURAL AND ORNA-

MENTAL IRON WORKERS, AFL-CIO,

Intervenor.

OSHRC Docket No. 78-0127

ORDER

The United States Court of Appeals for the Fifth Circuit reversed the Commission's Order of September 30, 1982, and remanded this case for dismissal of the petition for review.  Donovan v. International Association of Bridge, Structural and Ornamental Iron Workers , 725 F.2d 994 (5th Cir. 1984).  Accordingly, the petition for review is dismissed.  The Administrative Law Judge shall terminate all proceedings consistent with this order.

FOR THE COMMISSION

RAY H. DARLING, JR.

EXECUTIVE SECRETARY

Dated:  MAY 16 1984

The Administrative Law Judge decision in this matter is unavailable in this format.  To obtain a copy of this document, please request one from our Public Information Office by e-mail ( [email protected]
), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).

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