Ezel / Agency Decisions / 79-5974-commission
OSHRC Commission decision Docket 79-5974 Decided June 30, 1982 Citations affirmed

Cincinnati Gas and Electric Co.

Judge's decision affirmed by agreement

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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.
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

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:

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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.
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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).
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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.
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Commissioner Cottine concurs.
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See Cargill, Inc., 79 OSAHRC 90/A-2, 7 BNA OSHC 2045, 1979 CCH OSHD P23,981 (No. 78-2862,
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[*2]
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1979) (Cottine, Commissioner, concurring).

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