Ezel / Agency Decisions / 97-1146-commission
OSHRC Commission decision Docket 97-1146 Decided November 6, 1997 Settled

Tracy Bakery Production, Inc.

Commission restores and approves settlement

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This is citable Commission precedent from 1997, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1997
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 Secretary asked the Commission to review a withdrawal filed after the area office and Tracy Bakery Production, Inc. had already settled the case. The Regional Solicitor's Office had been unaware of that settlement when it filed the withdrawal. Tracy did not oppose the request. The Commission set aside the mistaken withdrawal and the administrative law judge's order approving it, then approved the settlement. The released order does not reproduce the citation provisions or settlement terms.

Decision snapshot

  • Cited standard(s): Not stated in the Commission order.
  • Outcome: The mistaken withdrawal was set aside and the parties' settlement was approved.
  • Key point: An administrative withdrawal can be undone when the record shows the parties had already reached a settlement.

Full text (OSHRC public release)

                                       United States of America
                   OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
                                 1120 20th Street, N.W., Ninth Floor
                                    Washington, DC 20036-3419



Office of                                                                      Phone: (202) 606-5400

Executive Secretary Fax: (202) 606-5050

                                                    :

SECRETARY OF LABOR, :
:
Complainant, :
:
v. : OSHRC Docket No. 97-1146
:
TRACY BAKERY PRODUCTION INC., :
:
Respondent. :
:

                                           ORDER
      The Secretary has filed a petition for discretionary review informing the Commission that

the area office and Tracy Baker Production Inc. (Tracy) have settled this matter. The Secretary’s
Regional Attorney states that the Regional Solicitor’s Office was unaware of the settlement when
it filed its notice of withdrawal. As evidence of the error, the Secretary has filed a copy of the
settlement. Tracy has not opposed the petition.
We have reviewed the record and conclude that the notice of withdrawal was filed as a
result of administrative error. Accordingly, we set aside the withdrawal and the administrative
law judge’s order approving it, and we approve the settlement.
So ordered.
/s/

                                                    Stuart E. Weisberg, Chairman

Date: November 6, 1997 /s/
Daniel Guttman, Commissioner

                                                                             1997 OSHRC No. 45

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