Dow Chemical U.S.A.

Plain-English summary

The Seventh Circuit returned Dow Chemical's case to the Commission. The Commission then remanded it to the Chief Administrative Law Judge for assignment to a new judge and further proceedings consistent with the court's decision. The original judge was no longer with the Commission. The official release does not include the prior judge's decision, identify a cited OSHA standard, or state the underlying facts or citation disposition.

Decision snapshot

• Cited standard(s): None identified in the official release.
• Outcome: Remanded for further proceedings under the Seventh Circuit's decision.
• Key point: The Commission sent the returned case to a new administrative law judge rather than deciding the merits in this order.

Full text (OSHRC public release)

Docket No. 84-0399

SECRETARY OF LABOR,

Complainant,

v.

DOW CHEMICAL U.S.A.

Respondent.

OSHRC Docket No. 84-0399

DECISION

Before: BUCKLEY, Chairman; WALL, Commissioner.

BY THE COMMISSION:

This case is here on remand from the United States Court of Appeals for the Seventh
Circuit. Brock v. Dow Chemical U.S.A., 801 F.2d 926 (7th Cir. 1986). The Commission
remands to the Chief Administrative Law Judge for assignment to an administrative law
judge [[1]] who is to conduct further proceedings in accordance with the decision of the
Seventh Circuit.

FOR THE COMMISSION

RAY H. DARLING, JR.

EXECUTIVE SECRETARY

DATED: December 9. 1986

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).

FOOTNOTES:

[[1]] Administrative Law Judge Ralph B. Maxwell, who issued the original Commission
decision in this case on June 5, 1985, is no longer with the Commission.