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Ezel / Agency Decisions / 79-6847-commission
OSHRC Commission decision Docket 79-6847, 80-1671 Decided December 22, 1983 Procedural

American Petrofina Company of Texas

Review petitions dismissed on remand

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This is citable Commission precedent from 1983, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 1983
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 court of appeals vacated an earlier Commission order that had denied the Secretary's motion to vacate directions for review in these consolidated cases. The court remanded with instructions to dismiss the review petitions. The Commission followed that mandate and dismissed both petitions. The public release does not identify the underlying OSHA standards or merits issues.

Decision snapshot

  • Cited standard(s): The official release does not identify an OSHA standard.
  • Outcome: Petitions for review dismissed on remand from the court of appeals.
  • Key point: The Commission implemented the appellate mandate and terminated discretionary review of both consolidated dockets.

Full text (OSHRC public release)

Docket No. 79-6847 80-1671

SECRETARY OF LABOR,

Complainant,

v.

AMERICAN PETROFINA COMPANY OF TEXAS,

Respondent.

OSHRC Docket Nos. 79-6847 & 80-1671

ORDER

BY THE COMMISSION:

These consolidated cases are before the Commission on remand from the court of appeals. In
its decision, the court vacated the Commission's order that denied a motion by the
Secretary to vacate the Commission's directions for review of these cases. The court
remanded the cases to the Commission to dismiss the petitions for review. Donovan v.
Oil, Chemical, & Atomic Workers International Union , 11 BNA OSHC 1689, 1983 CCH
OSHD � 26,718 (5th Cir. Nov. 7, 1983). Accordingly, the petitions for review in these
cases are dismissed.

SO ORDERED.

FOR THE COMMISSION

RAY H. DARLING, JR.

EXECUTIVE SECRETARY

DATED: DEC 22 1983

The Administrative Law Judge decision in this matter is unavailable in this format. To
obtain a copy of this document, please request one from our Public Information Office By
e-mail ( [email protected] ), telephone
(202-606-5398), fax (202-606-5050), or TTY (202-606-5386).

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