____________________________________
SECRETARY OF LABOR, :
:
Complainant, :
- v - : OSHRC Docket
No. 01-1587
:
Respondent. :
____________________________________:
On March 19, 2004, the United States Court of Appeals for the District of Columbia Circuit issued a decision and order vacating the order of the Review Commission dated September 5, 2002. The court granted in part Respondent’s petition for review with respect to an alleged violation of 29 C.F.R. §1926.451(g)(1). The court affirmed the decision of Commission Judge Stephen J. Simko as to the materials staging area of the scaffold and vacated the decision as to the window opening area. The court remanded the matter to the Commission for further proceedings consistent with its decision.
We in turn remand this matter to
Judge Simko. On remand, the judge is directed to
vacate the citation in so far as it alleges a violation with
regard to the window opening area, affirm the citation as to the
materials staging area, and reassess an appropriate penalty for that portion of
the citation which is affirmed.
The ALJ is directed to issue his
decision and order on an expedited basis pursuant to Commission Rule 103, 29 C.F.R.
§2200.103.
Date: __May 27, 2004______ /s/_______________________________
W.
Scott Railton
Chairman
/s/________________________________
James
M. Stephens
Commissioner
/s/_________________________________
Thomasina
V. Rogers
Commissioner