Ezel / Agency Decisions / 79-5974

Cincinnati Gas and Electric Co. (Commission decision, June 30, 1982)

Judge's decision affirmed by agreement

Decision type
Commission decision
Docket
79-5974
Decided
June 30, 1982
Outcome
Citations affirmed
Precedential status
Not precedent (judge's decision affirmed without review)
Checked against source
2026-07-26
Official source
Read the official release (oshrc.gov)

Apply this to your situation

This order from 1982 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 1982
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

Cincinnati Gas and Electric Company and the Secretary jointly asked the Commission to decline review. The Commission granted the motion and affirmed the administrative law judge's decision. It gave that decision the precedential value of an unreviewed judge's decision. Because it declined review, the Commission did not address the company's alternative request for more time to file a review brief. The order does not identify the underlying citations, standards, or penalties.

Decision snapshot

  • Cited standard(s): None identified in the Commission order.
  • Outcome: The judge's decision was affirmed after the Commission granted the parties' joint motion to decline review.
  • Key point: The Commission treated the affirmed decision as having the precedential value of an unreviewed judge's decision.

Full text (OSHRC public release)

Docket No. 79-5974

CINCINNATI GAS & ELECTRIC COMPANY

OSHRC Docket No. 79-5974

Occupational Safety and Health Review Commission

June 30, 1982

COUNSEL:

[*1]

Office of the Solicitor, USDOL

William S. Kloepfer, Associate Regional Solicitor, USDOL

Katherine A. Keller, The Cincinnati Gas & Electric Company, for the employer

Michael E. Gilligan, Business Mgr., Local Union 1347, IBEW, for the employees

OPINION:

ORDER

The Commission grants the joint motion to decline review and affirms the judge's decision, according it the precedential value of an unreviewed judge's decision.

Abbott-Sommer, Inc., 76 OSAHRC 21/A2, 3 BNA OSHC 2032, 1975-76 CCH OSHD P20,428 (No. 9507, 1976; Leone Construction Co., 76 OSAHRC 12/E6, 3 BNA OSHC 1979, 1975-76 CCH OSHD P20,387 (No. 4090, 1976) appeal withdrawn, No. 76-4070 (2d Cir., May 17, 1976).

In light of the decision to grant the motion to decline review, the Commission need not address the Respondent's alternative motion for extension of time to file a review brief.

Commissioner Cottine concurs.

See Cargill, Inc., 79 OSAHRC 90/A-2, 7 BNA OSHC 2045, 1979 CCH OSHD P23,981 (No. 78-2862,

[*2]

1979) (Cottine, Commissioner, concurring).

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