Weaver's Cabinet & Millwork Co.

Plain-English summary

The Commission placed the Weaver's Cabinet & Millwork case under review on its own initiative. Neither party filed a petition, objected to the judge's decision, responded to the review order, or otherwise expressed dissatisfaction. With no compelling public interest requiring merits review, the Commission declined to pass on or change the ruling. It ordered the judge's decision affirmed while stating that the ruling retained only the significance of an unreviewed judge's decision. The Commission order does not identify the standards, hazards, detailed outcome, or penalty involved.

Decision snapshot

• Cited standard(s): Not specified in the Commission order
• Outcome: The judge's decision was affirmed without merits review.
• Key point: An unchallenged judge's ruling may be affirmed without the Commission adopting its reasoning as precedent.

Full text (OSHRC public release)

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EN-US
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UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY
OF LABOR,

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Complainant,

������������������������ v.

OSHRC
DOCKET NO. 76-757

WEAVER�S
CABINET & MILLWORK CO.,

�

���������������������������������������������
Respondent.

January
30, 1978

DECISION

Before CLEARY, Chairman; and BARNAKO, Commissioner.

����������� This
case is before the Commission pursuant to a sua sponte order for review. The
parties have filed no objections to the Administrative Law Judge�s decision,
either by way of petitions for discretionary review or response to the order
for review. Accordingly, there has been no appeal to the Commission, and no
party has otherwise expressed dissatisfaction with the Administrative Law
Judge�s decision.

����������� In
these circumstances, the Commission declines to pass upon, Modify or change the
Judge�s decision in the absence of compelling public interest. See Abbott-Sommer,
Inc ., 76 OSAHRC 21/A2, 3 BNA OSHC 2032, 1975�76 CCH OSHD para. 20,428 (No.
9507, 1976); Crane Co., 76 OSAHRC 37/A2, 4 BNA OSHC 1015, 1975�76 CCH
OSHD para. 20,508 (No. 3336, 1976). See also Keystone Roofing Co., Inc., v.
O.S.H.R.C., 539 F.2d 960, 964 (3d cir. 1976).

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

����������� It is
ORDERED that the decision be affirmed.

FOR THE COMMISSION:

�

Ray H. Darling, Jr.

Executive Secretary

DATED: JAN 30, 1978