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Ezel / Agency Decisions / 1468-commission
OSHRC Commission decision Docket 1468 Decided March 14, 1973 Procedural

S.J. Otinger Jr. Construction

Dismissed contest reinstated

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Currency note: this decision dates from 1973
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 judge had granted the Secretary's motion to dismiss S.J. Otinger Jr. Construction's notice of contest. The Commission reinstated the case. Its order allowed the Secretary to raise the issue of prejudice at the hearing. The brief release does not identify the citation, cited safety standard, alleged condition, penalty, reason for the original dismissal, or basis for reinstatement.

Decision snapshot

  • Cited standard(s): Not identified in the release
  • Outcome: The dismissed contest was reinstated, without prejudice to the Secretary raising prejudice at the hearing.
  • Key point: Reinstatement preserved the Secretary's ability to argue at the hearing that the procedural issue had caused prejudice.

Full text (OSHRC public release)

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false
false

EN-US
X-NONE
X-NONE

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,

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Complainant,

������������������������ v.

OSHRC DOCKET NO. 1468

S.J. OTINGER JR. CONSTRUCTION,

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Respondent.

ORDER
OF REINSTATEMENT

March 14, 1973

By the
Commission:

Case reinstated
without prejudice to the Secretary raising the issue of prejudice at the
hearing.

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,

��������������������������������������������
Complainant,

������������������������ v.

OSHRC DOCKET NO. 1468

S.J. OTINGER JR. CONSTRUCTION,

���������������������������������������������
Respondent.

November 2, 1972

BATES, JUDGES,
OSAHRC:

Ruling on the
Secretary�s motion to dismiss notice of contest: Granted.

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