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OSHRC Commission decision Docket 25 Decided March 29, 1974 Procedural

John J. Gordon Company

Judge's order affirmed after appellate remand

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Currency note: this decision dates from 1974
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 Second Circuit remanded this matter to the Commission. In accordance with the court's order, the Commission affirmed Judge David H. Harris's May 5, 1972 order. This short release does not state the underlying citation, the applicable safety standard, the judge's reasoning, or any penalty result.

Decision snapshot

  • Cited standard(s): None stated in this release
  • Outcome: The judge's May 5, 1972 order was affirmed after remand from the Second Circuit.
  • Key point: The release implements the appellate court's remand but provides no substantive details about the underlying OSHA dispute.

Full text (OSHRC public release)

Docket No. 25

JOHN J. GORDON COMPANY

OSHRC Docket No. 25

Occupational Safety and Health Review Commission

March 29, 1974


[*1]

Before MORAN, Chairman, VAN NAMEE and CLEARY, Commissioners

OPINION:


BY THE COMMISSION: This matter is before us upon a remand from the United States Court of Appeals for the Second Circuit (
Brennan
v.
OSHRC and John J. Gordon Company,
492 F.2d 1027 (2nd Cir. 1974).

In accordance with the Court's Order of Remand, we affirm the order of Judge David H. Harris filed May 5, 1972.

[See 2 OSAHRC 899]

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