Ezel / Agency Decisions / 89-1263-commission-2
OSHRC Commission decision Docket 89-1263, 89-1753 Decided January 17, 1991 Procedural

Delford Industries, Inc.

One docket severed and made final while review continues

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Currency note: this decision dates from 1991
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 Commission had jurisdiction over both consolidated Delford Industries dockets after review was directed. It determined that no compelling public interest warranted further review of the issues in docket 89-1753. The Commission severed that docket and made the ALJ's decision for it a final Commission order. Docket 89-1263 remained pending before the Commission for review. The order does not identify the underlying OSHA standards or decide the merits of docket 89-1263.

Decision snapshot

  • Cited standard(s): None identified in the order
  • Outcome: Docket 89-1753 severed and made final; docket 89-1263 remains pending on review.
  • Key point: A direction for review gives the Commission jurisdiction over the entire consolidated case, but the Commission may sever a docket that does not warrant further review.

Full text (OSHRC public release)

Docket Nos. 89_1263, 89-1753, DELFORD INDUSTRIES, INC.

SECRETARY OF LABOR,

Complainant,

v.

DELFORD INDUSTRIES, INC.,

Respondent.

OSHRC Docket Nos. 89-1263 and 89-1753

ORDER

These consolidated cases were directed for review by Chairman Edwin G. Foulke, Jr., on
December 11, 1990. Review was directed only on issues involving Docket No. 89-1263. Review
was not directed on any issue involving Docket No. 89-1753. Under Commission Rule of
Procedure 92 (a), 29 C.F.R. �� 2200.92 (a), however, the direction for review established
jurisdiction in the Commission to review "the entire case, " that is, all issues in Docket Nos. 89-1263 and 89-1753. Having reviewed the entire record, the Commission now finds that there is no
compelling public interest that would warrant further review of the issues presented in Docket
No. 89-1753.

Accordingly, on the Commission's own motion pursuant to Commission Rule of Procedure 10,
29 C.F.R. �� 2200.10, Docket No. 89-1753 is severed and the judge's decision as to that docket
number is deemed a final order of the Commission. Docket No. 89-1263 remains pending before
the Commission on review.

Edwin G. Foulke, Jr.

Chairman

Donald G. Wiseman

Commissioner

Velma Montoya

Commissioner

Dated: January 17, 1991

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