Ezel / Agency Decisions / 81-1651-commission
OSHRC Commission decision Docket 81-1651 Decided November 30, 1981 Remanded

Witco Chemical Corp.

Citation 2 remanded for further proceedings

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Currency note: this decision dates from 1981
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 parties settled citation 1, and the judge approved that agreement; it became a final Commission order and was not before the Commission on review. Because the settlement did not address citation 2, the Commission remanded the case to the administrative law judge for further proceedings on that citation and the Secretary's request for more time to file a complaint.

Decision snapshot

  • Cited standard(s): None identified in the Commission order.
  • Outcome: Citation 2 remanded for further proceedings; citation 1 settlement became final.
  • Key point: A partial settlement did not dispose of the separate citation still requiring adjudication.

Full text (OSHRC public release)

Docket No. 81-1651

WITCO CHEMICAL CORP.
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OSHRC Docket No. 81-1651

Occupational Safety and Health Review Commission

November 30, 1981

COUNSEL:

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[*1]
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Office of the Solicitor, USDOL

James E. White, Reg. Sol., USDOL

Keith M. Pyburn, Jr., for the employer

OPINION:

ORDER OF REMAND

This case is before us under Section 12(j) of the Occupational Safety and Health Act of 1970, 29 U.S.C. �
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661(i).
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The Secretary of Labor on October 28 moved the Commission for a remand of this matter to the administrative law judge for disposition of citation no. 2 and for an extension of time to file a complaint regarding citation no. 2.

The parties have entered into a settlement agreement, but that agreement does not relate to citation no. 2.
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Therefore, this case is hereby remanded for further proceedings respecting citation no. 2.

The settlement agreement between the parties, which relates only to citation no. 1, was approved by the judge and is not before us on review.
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The agreement becomes a final order of the Commission.

IT IS SO ORDERED.
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