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Ezel / Agency Decisions / 1342-commission
OSHRC Commission decision Docket 1342 Decided June 4, 1975 Procedural

Buckley & Company, Inc.

Citations vacated after complaint deadline expired

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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

A federal appeals court reversed the Commission's earlier dismissal of Buckley & Company's notice of contest. Because the Secretary had not filed a complaint after the case returned, the Commission gave the Secretary 20 days from receipt of its order to do so. The official release notes that no complaint was filed within that period, so all citations and proposed penalties were vacated.

Decision snapshot

  • Cited standard(s): Not stated in the public release
  • Outcome: All citations and proposed penalties were vacated after the Secretary failed to file a complaint by the Commission's deadline.
  • Key point: Following the court's reinstatement of the contest, failure to file the required complaint resulted in vacation of the enforcement action.

Full text (OSHRC public release)

Docket No. 1342

BUCKLEY & COMPANY, INC.
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OSHRC Docket No. 1342

Occupational Safety and Health Review Commission

June 4, 1975

OPINION:

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BY THE COMMISSION: In
Secretary v. Buckley and Company, Inc.,
6 OSAHRC 575 (1974), the Commission held that the respondent had not duly filed a notice of contest to several citations and dismissed the respondent's notice of contest.
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Subsequently, that decision was reversed in
Buckley & Company, Inc. v. Secretary of Labor,
507 F.2d 78 (3rd Cir. 1975), which sets aside the Commission's order dismissing the respondent's notice of contest.

As of this date, no complaint has been filed in this case.
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Consistent with Rule 33(a) of the Commission's procedural rules, the complainant is hereby afforded the opportunity to file a complaint with the Commission no later than 20 days after receipt of this order.
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If a complaint is not filed within that time, all citations and penalty proposals involved in this case will be vacated without further proceedings.

[Ed. Note: Complaint was not filed within 20-day period.
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Citations and penalty proposals are vacated.]

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