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Ezel / Agency Decisions / 15299-commission
OSHRC Commission decision Docket 15299 Decided July 12, 1977 Citations affirmed

Williams Enterprises, Inc.

Commission affirms after the Secretary withdraws review

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This is citable Commission precedent from 1977, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

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 granted the Secretary of Labor's petition for discretionary review of the decision involving Williams Enterprises, Inc. The Secretary then asked to withdraw the petition, stating that the evidence supported the administrative law judge's decision. With no party objecting to the judge's result, the Commission affirmed it. This brief decision does not identify the underlying citations, any specific safety standard, the judge's reasoning, or a penalty amount.

Decision snapshot

  • Cited standard(s): No specific OSHA standard is identified in the Commission decision.
  • Outcome: Affirmed. The Commission affirmed the judge's decision after the Secretary withdrew the petition for review.
  • Key point: When the party seeking review withdraws its petition because the evidence supports the judge's decision, the Commission may affirm the unopposed result.

Full text (OSHRC public release)

Docket No. 15299

WILLIAMS ENTERPRISES, INC.
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OSHRC Docket No. 15299

Occupational Safety and Health Review Commission

July 12, 1977

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[*1]
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Before BARNAKO, Chairman; and CLEARY, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Marshall H. Harris, Reg. Sol., USDOL

James Brent Clarke, Jr., for the employer

OPINION:

DECISION

BY THE COMMISSION:

This case is before us on Commissioner Cleary's order granting the Secretary's petition for discretionary review.
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The Secretary has filed a letter seeking to withdraw its petition on the ground that the evidence supports the Judge's decision.
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There is, therefore, no objection by any party to the Judge's decision.
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Accordingly, the Judge's decision is affirmed.
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See Koppers Co. Inc., No. 3349, 5 OSHC 1306, 1977-78 OSHD para. 21,723 (R.C., April 7, 1977).

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