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Ezel / Agency Decisions / 76-0150-commission
OSHRC Commission decision Docket 76-0150 Decided March 28, 1977 Procedural

Air Products & Chemicals, Inc.

Review direction vacated at employer's request

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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

Air Products asked the Commission to vacate the direction for review in its case. The Commission found that the company did not seek any change to the judge's decision. It granted the motion under the Commission's policy statement, making the judge's decision the final order. Commissioner Moran would have denied the motion. The official release does not identify the cited standards, underlying merits, or penalty result.

Decision snapshot

  • Cited standard(s): None identified in the official release.
  • Outcome: The direction for review was vacated, and the judge's decision became the final Commission order.
  • Key point: Review ended because the employer did not seek modification or reversal of the judge's decision.

Full text (OSHRC public release)

Docket No. 76-0150

AIR PRODUCTS AND CHEMICALS, INC.
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OSHRC Docket No. 76-150

Occupational Safety and Health Review Commission

March 28, 1977

COUNSEL:

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[*1]
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Francis V. LaRuffa, Regional Solicitor, U.S. Department of Labor

Raymond H. Schenck, Air Products & Chemicals, Inc., Law Department, for the employer

OPINION:

ORDER

The Respondent has filed a Motion to Vacate the Direction for Review in the above-captioned case.
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It is clear that the Respondent does not seek modification or reversal of the Judge's decision and, therefore, in accordance with paragraph 1 of the Commission's policy statement, 41 Fed. Reg. 53015 (1976), Respondent's motion is GRANTED.
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The Judge's decision is the final order of the Commission.

Commissioner Moran would deny the motion.

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