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OSHRC Commission decision Docket 13508 Decided August 24, 1977 Citations affirmed

Erie Lackawanna Railroad Co.

Unopposed judge decision affirmed

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Currency note: this decision dates from 1977
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 placed this case on review on its own initiative. Neither party objected to the judge's decision or expressed dissatisfaction with it. The Commission found no compelling public-interest issue requiring substantive review. It therefore affirmed the decision without addressing or modifying its merits. The release states that the ruling retains the significance of an unreviewed judge decision and does not identify the standards, facts, outcome details, or penalties.

Decision snapshot

  • Cited standard(s): Not identified in the Commission release
  • Outcome: Judge's decision affirmed without substantive Commission review
  • Key point: The Commission may leave an unopposed judge decision undisturbed when no compelling public-interest issue is presented.

Full text (OSHRC public release)

Docket No. 13508

ERIE LACKAWANNA RAILROAD (RAILWAY) CO.
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OSHRC Docket No. 13508

Occupational Safety and Health Review Commission

August 24, 1977

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Before BARNAKO, Chairman; and CLEARY, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Francis V. LaRuffa, Regional Solicitor, USDOL

Vincent E. McGowan, Law Department, Erie Lackawanna Railway Company

OPINION:

DECISION

This case is before the Commission pursuant to a sua sponte order for review.
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The parties have filed no objections to the Administrative Law Judge's decision, either by way of petitions for discretionary review or response to the order for review.
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Accordingly, there has been no appeal to the Commission, and no party has otherwise expressed dissatisfaction with the Administrative Law Judge's decision.

In these circumstances, the Commission declines to pass upon, modify or change the Judge's decision in the absence of compelling public interest.
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Abbott-Sommer, Inc., 3 BNA OSHC 2032, 1975-76 CCH OSHD para. 20,428 (No. 9507, 1976); Crane Co., 4 BNA OSHC 1015, 1975-76 CCH OSHD para. 20,508 (No. 3336, 1976); see also Keystone Roofing Co., Inc., v. O.S.H.R.C., 539 F.2d 960, 964 (3d Cir. 1976). The order for review in this case describes no compelling public interest issue.

The Judge's decision is accorded the significance
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[*2]
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of an unreviewed Judge's decision.
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Leone Constr. Co., 3 BNA OSHC 1979, 1975-76 CCH OSHD para. 20,837 (No. 4090, 1976).

It is ORDERED that the decision be affirmed.
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