🧪 TEST MODE ACTIVE Use test card: 4242 4242 4242 4242
Ezel / Agency Decisions / 15960-commission
OSHRC Commission decision Docket 15960 Decided August 24, 1977 Citations affirmed

S & H Riggers & Erectors, Inc.

Unopposed judge decision affirmed

Apply this precedent to your situation

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 placed this severed case on review on its own initiative. Neither party challenged the judge's disposition. The Commission declined to conduct substantive review and affirmed the judge's decision. It stated that the ruling retains the significance of an unreviewed judge decision. The release does not identify the cited standards, workplace 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: When the parties do not challenge a judge's disposition, the Commission may decline merits review and leave that decision with unreviewed status.

Full text (OSHRC public release)

Docket No. 15960

S & H RIGGERS & ERECTORS, INC.
�

OSHRC Docket No. 15960

Occupational Safety and Health Review Commission

August 24, 1977

�
[*1]
�

Before BARNAKO, Chairman; and CLEARY, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Bobbye D. Spears, Regional Solicitor, USDOL

Ira J. Smotherman, Jr., 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. * The parties have not taken issue with the Judge's disposition of the case.
�
In these circumstances, the Commission will not review the case.
�
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).

                                  • -Footnotes- - - - - - - - - - - - - - - - - -

  • This case is severed from Docket No. 15855 pursuant to Commission Rule 10, 29 C.F.R. �
    �
    2200.10.

                                • -End Footnotes- - - - - - - - - - - - - - - - -

The Judge's decision is accorded the significance of an unreviewed Judge's decision.
�
Leone Constr. Co., [*2]
�
76 OSAHRC 12/E6, 3 BNA OSHC 1979, 1975-76 CCH OSHD para. 20,387 (No. 4090, 1976).

Accordingly, the Judge's decision is affirmed.
�

Get today's answer for your situation

You just read Commission precedent from 1977. Ezel checks whether it still stands, including any court review since, and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.