Bethlehem Steel Corporation (Buffalo Tank Div.)

Plain-English summary

The Commission directed review of the Bethlehem Steel case on its own initiative. Neither party petitioned for review, objected to the Administrative Law Judge's decision, or otherwise expressed dissatisfaction. The Commission found no compelling public interest requiring it to decide the case's merits. It affirmed the judge's decision without substantive review and gave it only the significance of an unreviewed judge's decision. The short release does not state the cited standards, citation disposition, or penalty.

Decision snapshot

• Cited standard(s): None identified in the order.
• Outcome: The ALJ decision was affirmed without substantive Commission review.
• Key point: When no party seeks review and no compelling public interest exists, the Commission may leave the ALJ ruling in place without making it Commission precedent.

Full text (OSHRC public release)

Docket No. 76-3028

BETHLEHEM STEEL CORPORATION, (BUFFALO TANK DIVISION)

OSHRC Docket No. 76-3028

Occupational Safety and Health Review Commission

November 30, 1978

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Before CLEARY, Chairman; and COTTINE, Commissioner. n1

n1 Commissioner Barnako is not participating in this case.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Francis V. LaRuffa, Regional Solicitor, U.S. Department of Labor

Donald S. Bauman, Bethlehem Steel Corporation (Buffalo Tank Division), for the employer

OPINION:

DECISION

This case is before the Commission pursuant to a sua sponte order for review.
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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.
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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.
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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); Crane Co., 76 OSAHRC 37/A2, 4 BNA OSHC 1015, 1975-76 CCH OSHD para. 20,508 (No. 3336, 1976).
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See also Keystone Roofing Co., Inc., v. O.S.H.R.C., 539 F.2d 960, 964 (3d Cir.
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1976).

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