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Ezel / Agency Decisions / 15469-commission
OSHRC Commission decision Docket 15469 Decided June 2, 1977 Citations affirmed

Davis Mechanical Contractors, Inc.

Commission declines review and affirms the judge's decision

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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

This is a short Commission order in a case involving Davis Mechanical Contractors, Inc. A former Commissioner had directed review of the Administrative Law Judge's decision on the Commission's own motion. Neither party challenged the judge's disposition. The Commission therefore declined to review the case and affirmed the judge's decision, giving it the significance of an unreviewed judge's decision. The underlying ALJ decision is not included in this release, so the cited standard, alleged violation, and penalty are not stated here.

Decision snapshot

  • Cited standard(s): Not stated in this release.
  • Outcome: The Administrative Law Judge's decision was affirmed without merits review.
  • Key point: When neither party challenges the judge's disposition, the Commission may decline review and leave the decision with the significance of an unreviewed judge's decision.

Full text (OSHRC public release)

Docket No. 15469

DAVIS MECHANICAL CONTRACTORS, INC.
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OSHRC Docket No. 15469

Occupational Safety and Health Review Commission

June 2, 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

Bobbye D. Spears, Regional Solicitor, USDOL

Cary Hall, for the employer

Joe T. Allen, Vice President, Davis Mechanical Contractors, Inc., for the employer

OPINION:

ORDER

BY THE COMMISSION: This case is before the Commission pursuant to a sua sponte order for review by former Commissioner Moran.
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The parties have not taken issue with the Judge's disposition of the case.
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In these circumstances, the Commission will not review the case.
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See Water Works Installation Corp., 76 OSAHRC 61/B8, 4 BNA OSHC 1339, 1976-77 CCH OSHD para. 20,780 (No. 4136, 1976); Crane Co., 76 OSAHRC 37/A2, 4 BNA OSHC 1015, 1975-76 CCH OSHD, 20,508 (No. 3336, 1976).

The Judge's decision is accorded the significance of an unreviewed Judge's decision.
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Leone Constr. Co., 76 OSAHRC 12/E6, 3 BNA OSHC 1979, 1975-76 CCH OSHD para. 20,387 (No. 4090, 1976).

Accordingly, the Judge's decision is [*2]
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affirmed.
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