Smith Ford Mercury, Inc.

Plain-English summary

This is a short Commission order in a case involving Smith Ford Mercury, Inc. Former Commissioner Moran had directed review of the Administrative Law Judge's decision "for error," and the employer filed a petition asking the Commission to look at safety and health across different occupations in general. Neither the direction for review nor the employer's petition pointed to any specific error, and no party filed a brief when invited. Because no particular issue was raised, the Commission declined to review the case and affirmed the judge's decision. The underlying ALJ decision is not included in this release, so the specific standard cited, the violation, and the 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: A direction for review and a petition that identify no specific error give the Commission nothing to decide, so the judge's decision stands with the weight of an unreviewed judge's decision.

Full text (OSHRC public release)

Docket No. 76-0822

SMITH FORD MERCURY, INC.
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OSHRC Docket No. 76-0822

Occupational Safety and Health Review Commission

May 31, 1977

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Before: BARNAKO, Chairman: and CLEARY, Commissioner.
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COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Ronald M. Gaswirth Reg. Sol., USDOL

Elwood Smith, Pres. SMITH FORD & MERCURY, INC, for the employer

OPINION:

ORDER

This case is before the Commission pursuant to an order issued by former Commissioner Moran directing review of the Judge's decision "for error." Respondent submitted a petition requesting review "on the whole concept of safety and health of different types of occupations."

No party has directed the Commission's attention to any particular error in the Judge's decision.
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Neither the direction for review nor respondent's petition specify any issue.
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Moreover, although the parties were invited to file briefs in response to the direction for review, they have not done so.
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In these circumstances, the Commission will not review the case.
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See Abbott-Sommer, Inc., 76 OSAHRC 21/A2, 3 BNA OSHC 2032, 1975-76 CCH OSHD para. 20,428 (No. 9507, 1976); Boring and Tunneling Co. of America, Inc., 75 OSAHRC 22/D11, 3 BNA OSHC 1863, 1975-76 CCH OSHD para. 20,253 (No. 5782, 1975).

The Judge's decision is accorded the significance of an unreviewed Judge's decision.
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Leone
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Construction 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 affirmed.
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