Ezel / Agency Decisions / 78-0617-commission
OSHRC Commission decision Docket 78-0617 Decided July 29, 1983 Citations vacated

Mission Viking, Inc.

Citations vacated as moot after withdrawal

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Currency note: this decision dates from 1983
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

While Mission Viking's case was under judicial review, the Secretary withdrew every citation issued to the company, making the controversy moot. The Fifth Circuit directed the Commission to vacate its prior order. On remand, the Commission set aside its April 30, 1981 order that had affirmed the citations and assessed penalties, and vacated all citations and proposed penalties.

Decision snapshot

  • Cited standard(s): The official release does not identify the standards in the withdrawn citations.
  • Outcome: Prior Commission order set aside; all citations and proposed penalties vacated.
  • Key point: Withdrawal of every citation during judicial review mooted the case and required vacatur of the prior agency order.

Full text (OSHRC public release)

Docket No. 78-0617

SECRETARY OF LABOR,

Complainant,

v.

MISSION VIKING, INC.,

Respondent.

OSHRC Docket No. 78- 0617

DECISION AND ORDER

Before: ROWLAND, Chairman; CLEARY, Commissioner.

BY THE COMMISSION:

This case is before the Commission on remand from the United States Court of Appeals for
the Fifth Circuit. Mission Viking, Inc. v. OSHRC, No. 81-4243 (5th Cir. July 15, 1983).
The court remanded this case with directions to vacate and set aside the prior order of
the Commission, [[*]] the case having become moot while on judicial review because of the
Secretary's withdrawal of all citations issued to Mission Viking. Accordingly, the
Commission order of April 30, 1981, affirming citations issued by the Secretary and
assessing penalties against Mission Viking, is set aside. The citations and proposed
penalties are vacated.

SO ORDERED.

DATED: JUL 29 1983

Ray H. Darling, Jr.

Executive Secretary

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).

FOOTNOTES:

[[*/]] Mission Viking, Inc., 81 OSAHRC 50/A2, 9 BNA OSHC 1764, 1981 CCH OSHD � 25,373
(NO. 78-617 1981).

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