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Ezel / Agency Decisions / 9206-commission
OSHRC Commission decision Docket 9206 Decided January 30, 1978 Citations affirmed

Wood Products Co.

Judge affirmed without merits review

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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 Commission placed the Wood Products case under review on its own initiative. Neither party petitioned for review, objected to the judge's decision, or otherwise expressed dissatisfaction with it. In the absence of a compelling public interest, the Commission declined to pass on or change the judge's reasoning and ordered the decision affirmed. It stated that the judge's decision retained only the significance of an unreviewed judge's ruling. The Commission order does not identify the underlying standards, hazards, outcome details, or penalty.

Decision snapshot

  • Cited standard(s): Not specified in the Commission order
  • Outcome: The judge's decision was affirmed without merits review.
  • Key point: When no party challenges a judge's decision and no compelling public interest requires review, the Commission may affirm without adopting the ruling as Commission precedent.

Full text (OSHRC public release)

Docket No. 9206

1 of 138 DOCUMENTS

BRISTOL-MYERS COMPANY

BOONVILLE DIVISION OF ETHAN ALLEN, INC.
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OWENS-ILLINOIS, INC.
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CONTINENTAL GRAIN COMPANY

WALLING CRATE COMPANY

MATERIAL FABRICATION CORPORATION

BURKART-RANDALL COMPANY

KAISER ALUMINUM & CHEMICAL CORP.
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BETHLEHEM STEEL CORPORATION, (BUFFALO TANK DIVISION)

WESTERN WATERPROOFING CO., INC.
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SOUTHWESTERN BELL TELEPHONE CO.
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CHAMPION CONSTRUCTION & ENGINEERING CO., INC.
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DEERING MILLIKEN, INC.
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WESTERN ELECTRIC CO., INC.
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JOHN & ROY CARLSTROM, d/b/a CARLSTROM BROTHERS CONSTRUCTION

NOBLE DRILLING CORPORATION

IMC CHEMICAL GROUP, INC.
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CF&I STEEL CORPORATION

DELCO REMY, DIVISION OF GENERAL MOTORS CORPORATION, A CORPORATION

CONTINENTAL CAN COMPANY, U.S.A., a member of THE CONTINENTAL GROUP, INC.
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McLEAN-BEHM STEEL ERECTORS, INC.
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BROCKWAY CLASS COMPANY, INC.
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OTIS ELEVATOR COMPANY

KROEHLER MANUFACTURING CO.
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GENERAL MOTORS CORPORATION

GROSSMAN STEEL & ALUMINUM CORP.
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YELVINGTON WELDING SERVICE

MRS PRINTING, INC.
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BAILEY CONSTRUCTION COMPANY

WILLIAMS ENTERPRISES, INC.
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ASPRO, INC., SPUN STEEL DIVISION

WRAY ELECTRIC CONTRACTING, INC.
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ASPLUNDH TREE EXPERT COMPANY

J. H. MACKAY ELECTRIC COMPANY and U.S. ENGINEERING COMPANY

BOSTON GEAR, A Division of, Murray Company of Texas, Inc.
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GRANITE-GROVES, A JOINT VENTURE

HAMILTON FOUNDRY DIVISION, HAMILTON ALLIED CORPORATION

FORD, BACON & DAVIS CONSTRUCTION CO., INC.
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WALTER C. MEHLENBACHER

IRWIN STEEL ERECTORS, INC.
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EATON CORPORATION

ITT THOMPSON INDUSTRIES, INC.
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ATLANTIC SUGAR ASSOCIATION

HUGHES BROTHERS, INC.
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LOUISIANA-PACIFIC CORPORATION

CONTINENTAL OIL CO.
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SEABOARD COAST LINE RAILROAD COMPANY

CONNECTICUT NATURAL GAS CORP.
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TRIO INDUSTRIES, INC.
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HAMILTON ROOFING CO., INC.
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JOHN'S ROOFING & SHEET METAL COMPANY, INC.
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SCULLIN STEEL COMPANY

TITANIUM METALS CORPORATION OF AMERICA

CARNATION COMPANY

McLEAN-BEHM STEEL ERECTORS, INC.
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PAPERTRONICS, DIV. OF HAMMERMILL PAPER COMPANY

GENERAL DYNAMICS CORPORATION, QUINCY SHIPBUILDING DIVISION

HAVENS STEEL COMPANY

DYE CONSTRUCTION COMPANY

REYNOLDS METALS CO.
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FLOYD S. PIKE, ELECTRICAL CONTRACTOR, INC.
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EVANSVILLE MATERIALS, INCORPORATED

INTERSTATE ROOFING CO., INC. OF GEORGIA

SALAH & PECCI CONSTRUCTION CO., INC.
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NATIONAL STEEL & SHIPBUILDING CO.
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GRIFFIN & BRAND OF McALLEN, INC.
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ASHLAND PETROLEUM

TRUAX & HOVEY DRYWALL CORP.
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RAY BOYD PLASTER & TILE, INC.
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J. M. MARTINAC SHIPBUILDING CORPORATION

JOSEPH BUCHEIT & SONS CO.
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WINN-DIXIE ATLANTA, INC., STORE NO. 1810

GEORGE J. IGEL & CO., INC.
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NEW ENGLAND TELEPHONE AND TELEGRAPH CO.
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CAULDWELL-WINGATE CORPORATION

HOWARD ELECTRIC COMPANY

P. GIOIOSO & SONS, INC.
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WINN-DIXIE STORES, INC., STORE No. 86

ANDY ANDERSON, d/b/a ANDY ANDERSON IRRIGATION AND CONSTRUCTION

ELECTROCAST STEEL FOUNDRY, INC.
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HAVENS STEEL COMPANY

FRANK C. GIBSON

CAMDEN DRILLING COMPANY

JAKE HEATON ERECTING CO., INC.
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GENERAL TELEPHONE OF MICHIGAN

RMI COMPANY

FINNEGAN CONSTRUCTION CO.
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MOUNTAIN STATES TELEPHONE & TELEGRAPH COMPANY

GIBSON DISCOUNT CENTER, STORE #15

4 G PLUMBING & HEATING, INC.
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E. M. DUGGAN, INC.
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HOWARD ELECTRIC COMPANY

GERARD LEONE & SONS

VALLEY ROOFING CORPORATION; J. B. EURELL COMPANY

OTIS ELEVATOR COMPANY

CHARLES A. GAETANO CONSTRUCTION CORP.
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T.J. SERVICE COMPANY

WESTINGHOUSE ELECTRIC CORPORATION

SEABOARD COASTLINE RAILROAD

ROBBERSON STEEL COMPANY

FAVROT-BELLOWS, A JOINT VENTURE

FATTORE CONSTRUCTION COMPANY

HULLENKREMER CONSTRUCTION CO., INC.
�

BORG-WARNER CORPORATION

GLENDALE MILLS, INC.
�

SCHULTZ'S, INC.
�

MINNOTTE CONTRACTING & ERECTION CORPORATION

DEL-COOK LUMBER CO.
�

HUGHES TOOL COMPANY

F.H. SPARKS OF MARYLAND, INC.
�

LEHR CONSTRUCTION COMPANY

WHEELING-PITTSBURGH STEEL CORP.
�

CLIFFORD B. HANNAY & SON, INC.
�

JOSEPH WEINSTEIN ELECTRIC CORP.
�

K.L. HOUSE CONSTR. COMPANY

WEAVER'S CABINET & MILLWORK CO.
�

SUPERMARKETS GENERAL CORP.
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SHAW CONSTRUCTION, INC.
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WOOD PRODUCTS CO.
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OSHRC Docket No. 9206

Occupational Safety and Health Review Commission

January 30, 1978

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[*1]
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Before CLEARY, Chairman; and BARNAKO, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Ronald M. Gaswirth, Regional Solicitor, USDOL

Robert L. Vaughn, WOOD PRODUCTS CO., 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, 1075-76 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. 1976).

The Judge's decision is accorded the significance of an unreviewed Judge's decision.
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See Leone Construction
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[*2]
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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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