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Ezel / Agency Decisions / 12857-commission
OSHRC Commission decision Docket 12857 Decided November 21, 1975 Procedural

Warner Brothers, Inc.

Commission review vacated

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Currency note: this decision dates from 1975
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 vacated its direction for review in this case. It explained that the issue had been raised by a Commissioner rather than by the parties and had not been tried or argued. The issue concerned publication policy, which the Commission held was not an adjudicative question under the Occupational Safety and Health Act. The release does not identify any cited standard, underlying disposition, or penalty.

Decision snapshot

  • Cited standard(s): Not identified in the Commission release
  • Outcome: The direction for Commission review was vacated.
  • Key point: A publication-policy question not raised, tried, or argued by the parties is not an issue for Commission adjudication.

Full text (OSHRC public release)

Docket No. 12857

WARNER BROTHERS, INC.
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OSHRC Docket No. 12857

Occupational Safety and Health Review Commission

November 21, 1975

OPINION:

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[*1]
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ORDER

The direction for review in the above-captioned case is hereby vacated.
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The issue raised sua sponte on review by Commissioner Moran was not raised, tried, or argued by the parties.
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The issue raised by the Direction for Review concerns publication policy, and therefore it does not present an issue for adjudication by the Commission under the Occupational Safety and Health Act.
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