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Ezel / Agency Decisions / 8902-commission
OSHRC Commission decision Docket 8902 Decided January 17, 1978 Citations affirmed

Western Electric, Inc.

Judge affirmed on court remand

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This is citable Commission precedent from 1978, 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 1978
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 Second Circuit remanded the Western Electric case to the Commission. In accordance with the court's order, the Commission affirmed Administrative Law Judge Paul E. Dixon's August 14, 1975 decision. The Commission order does not describe the underlying citations, standards, hazards, detailed outcome, or penalty, and it provides no independent merits analysis.

Decision snapshot

  • Cited standard(s): Not specified in the Commission order
  • Outcome: The judge's August 14, 1975 decision was affirmed on court remand.
  • Key point: The Commission carried out the Second Circuit's mandate without adding a separate merits analysis.

Full text (OSHRC public release)

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EN-US
X-NONE
X-NONE

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY
OF LABOR,

��������������������������������������������
Complainant,

������������������������ v.

OSHRC
DOCKET NO. 8902

WESTERN
ELECTRIC, INC.,

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

January
17, 1978

�

ORDER

This case is before the Commission on remand from the
United States Court of Appeals for the Second Circuit. Marshall v. Western
Electric, Inc. , No. 77�4076, Nov. 4, 1977. In accordance with the Court�s
order, the decision of Administrative Law Judge Paul E. Dixon, dated August 14,
1975 is affirmed.

�

FOR THE COMMISSION

�

Ray H. Darling, Jr.

Executive Secretary

Dated: January 17, 1978

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