OSHRC Docket No. 76-0822

Occupational Safety and Health Review Commission

May 31, 1977


Before: BARNAKO, Chairman: and CLEARY, Commissioner.  


Baruch A. Fellner, Office of the Solicitor, USDOL

Ronald M. Gaswirth Reg. Sol., USDOL

Elwood Smith, Pres. SMITH FORD & MERCURY, INC, for the employer



This case is before the Commission pursuant to an order issued by former Commissioner Moran directing review of the Judge's decision "for error." Respondent submitted a petition requesting review "on the whole concept of safety and health of different types of occupations."

No party has directed the Commission's attention to any particular error in the Judge's decision.   Neither the direction for review nor respondent's petition specify any issue.   Moreover, although the parties were invited to file briefs in response to the direction for review, they have not done so.   In these circumstances, the Commission will not review the case.   See Abbott-Sommer, Inc., 76 OSAHRC 21/A2, 3 BNA OSHC 2032, 1975-76 CCH OSHD para. 20,428 (No. 9507, 1976); Boring and Tunneling Co. of America, Inc., 75 OSAHRC 22/D11, 3 BNA OSHC 1863, 1975-76 CCH OSHD para. 20,253 (No. 5782, 1975).

The Judge's decision is accorded the significance of an unreviewed Judge's decision.   Leone   [*2]    Construction Co., 76 OSAHRC 12/E6, 3 BNA OSHC 1979, 1975-76 CCH OSHD para. 20,387 (No. 4090, 1976).

Accordingly, the Judge's decision is affirmed.