OSHRC Docket No. 76-3399

Occupational Safety and Health Review Commission

December 11, 1978


Before CLEARY, Chairman; BARNAKO and COTTINE, Commissioners.  


Baruch A. Fellner, Office of the Solicitor, USDOL

F. V. LaRuffa, Reg. Sol., USDOL

Howard R. Flaxman, for the employer




On May 5, 1977, Judge Henry F. McQuade issued his decision, finding Respondent in violation of several OSHA safety standards but concluding that Respondent did not violate other standards as alleged by Complainant.   Review was directed on the question whether the Judge erred in concluding that Respondent did not violate the standard at 29 C.F.R. 1910.28(a)(1).

Neither Complainant nor Respondent petitioned for review of the Judge's decision or briefed the issue directed for review.   Thus, no party takes exception to any aspect of the Judge's decision.   Moreover, having examined the record, we conclude that there is no compelling public interest requiring the Commission to resolve the issue directed for review.   Accordingly, we affirm the Judge's decision without review, according it the precedential value of an unreviewed judge's decision.   State, Inc., 76 OSAHRC 134/F7, 4 BNA OSHC 1806, 1976-77 CCH OSHD para. 21,209 [*2]   (No. 5740, 1976).