Ezel / Agency Decisions / 78-5084-commission-2
OSHRC Commission decision Docket 78-5084 Decided July 30, 1980 Citations vacated

S. J. Groves & Sons Company

Citation vacated under appellate mandate

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Currency note: this decision dates from 1980
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

The Second Circuit reversed an earlier Commission decision and ordered the citation vacated. The Commission held that the appellate ruling was the law of the case and entered the required vacatur. This short order does not identify the underlying OSHA standard, penalty, or merits analysis.

Decision snapshot

  • Cited standard(s): None identified in the Commission order
  • Outcome: Citation vacated as directed by the Second Circuit
  • Key point: The Commission must follow an appellate court's mandate on remand

Full text (OSHRC public release)

Docket No. 78-5084

S.J. GROVES & SONS COMPANY

OSHRC Docket No. 78-5084

Occupational Safety and Health Review Commission

July 13, 1981

COUNSEL:

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[*1]
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Office of the Solicitor, USDOL

Francis V. LaRuffa, Regional Solicitor, U.S. Department of Labor

Brian M. Cole, for the employer

OPINION:

ORDER

This case is before the Commission on remand from the United States Court of Appeals for the Second Circuit.
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S.J. Groves & Sons Co. v. OSHRC and the Secretary of Labor, No. 80-4201 (2d Cir. May 1, 1981), rev'g & remanding S.J. Groves & Sons Co., 80 OSAHRC    , 8 BNA OSHC 1766, 1980 CCH OSHD P24,665 (No. 78-5084, 1980).
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The Court of Appeals reversed and remanded the case for entry of an order vacating the citation.

The decision of the Second Circuit on appeal constitutes the law of this case which must be followed on remand.
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See section 11(a), 29 U.S.C. �
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660(a), of the Occupational Safety & Health Act of 1970, 29 U.S.C. � �
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651-678; Briggs v. Pennsylvania Railroad Co., 334 U.S. 304, 306 (1948); Stewart-Warner Corp., 80 OSAHRC 28/F4, 8 BNA OSHC 1316, 1980 CCH OSHD P24,472 (No. 78-5910, 1980) (lead and concurring [*2]
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opinions); Frank Irey, Jr., Inc., 77 OSAHRC 192/F11, 5 BNA OSHC 2031, 1977-78 CCH OSHD P22,283 (No. 701, 1977).
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Accordingly, the citation is vacated.
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SO ORDERED.
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