Ezel / Agency Decisions / 98-1099-alj
OSHRC ALJ decision Docket 98-1099 Decided December 13, 1999 Citations vacated Judge Irving Sommer

Russell B. Le Frois Builder, Inc.

Citation vacated after Secretary declined to file complaint

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Currency note: this decision dates from 1999
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.
Final order, not Commission precedent
This decision by an OSHRC Administrative Law Judge became a final order of the Commission because no Commissioner directed review (29 U.S.C. § 661(j)). It binds the parties but is not binding precedent in other cases. 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 remanded Russell B. Le Frois Builder's case for further proceedings. Chief Judge Irving Sommer then ordered the Secretary of Labor to file a complaint within twenty days. The Secretary declined to do so, and the judge vacated the May 14, 1998 citation in its entirety.

Decision snapshot

  • Cited standard(s): None specified in the order.
  • Outcome: The citation was vacated in its entirety.
  • Key point: After remand, the Secretary's refusal to file the ordered complaint resulted in vacatur of the citation.

Full text (OSHRC public release)

       UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,

   Complainant,

          v.                                           Docket No. 98-1099

RUSSELL B. LE FROIS BUILDER, INC.,

   Respondent.



                                        ORDER

   By order dated September 30, 1999 the Commission remanded the captioned case to the

undersigned for further proceedings consistent with its decision.

   On October 22, 19991 issued an order directing the Secretary to file a complaint within

twenty days of my order. By letter dated November 17, 1999 the Secretary has declined to file a
complaint.

   Accordingly, the citation issued May 14, 1998 is vacated and set aside in its entirety.


                                  /s/

                                Irving Sommer
                                Chief Judge

DATED: 13 DEC 1999
Washington, D.C.

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