Ezel / Agency Decisions / 81-2716-commission
OSHRC Commission decision Docket 81-2716 Decided May 13, 1982 Remanded

Duggan & Marcon, Inc.

Dismissal vacated for possible settlement

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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

An administrative law judge dismissed Duggan & Marcon's notice of contest. After that order, the Secretary provided correspondence showing that the parties were discussing a possible settlement, although no proposed settlement was submitted to the Commission. The Commission directed review, vacated the dismissal, and remanded the case for appropriate further proceedings. It relied on the possibility of settlement and the Commission's policy favoring settlements. The order does not identify the underlying citations, standards, or penalties.

Decision snapshot

  • Cited standard(s): None identified in the Commission order.
  • Outcome: Notice-of-contest dismissal vacated and case remanded for possible settlement proceedings.
  • Key point: The Commission reopened the matter so ongoing settlement discussions could be considered.

Full text (OSHRC public release)

Docket No. 81-2716

DUGGAN & MARCON, INC.
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OSHRC Docket No. 81-2716

Occupational Safety and Health Review Commission

May 13, 1982

COUNSEL:

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[*1]
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Office of the Solicitor, USDOL

Marshall H. Harris, Reg. Sol., USDOL

Robert A. Handschue, Duggan & Marcon, Inc., for the employer

OPINION:

DIRECTION FOR REVIEW AND REMAND

Pursuant to section 12(j) of the Occupational Safety and Health Act of 1970, 29 U.S.C. �
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651-678 ("the Act"), the order of Administrative Law Judge Irving Sommer, dismissing respondent's notice of contest, is hereby directed for review.
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For reasons that follow, we vacate the Judge's order.

After Judge Sommer issued his order, the Secretary served the Commission with a copy of correspondence between the Secretary and Respondent regarding a possible settlement of the case.
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The Secretary has not, however, submitted a copy of the proposed settlement to the Commission.
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In view of the possibility that this case may be settled, and in consideration of the Commission's policy encouraging settlement, we remand the matter to the Judge for such further proceedings as may be appropriate.

SO ORDERED.
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