SECRETARY OF LABOR,

 

Complainant,

 

 

v.

OSHRC Docket No. 09-1272

KS ENERGY SERVICES, INC.,

 

Respondent.

 

 

 

ORDER VACATING DIRECTION FOR REVIEW

 

After further consideration, the Commission has decided to vacate the Direction for Review in this matter. Accordingly, the Administrative Law Judge’s Decision is the final order of the Commission as of the date of this order and is afforded the precedent of an unreviewed Administrative Law Judge’s Decision. See Leone Constr. Co., 3 BNA OSHC 1979, 1981, 1975-1976 CCH OSHD ¶ 20,387, p. 24,322 (No. 4090, 1976) (finding that unreviewed administrative law judge decision does not constitute binding precedent for the Commission).

SO ORDERED.

__/s/____________________________

Thomasina V. Rogers

Chairman

 

 

__/s/____________________________

Horace A. Thompson III

Commissioner

 

 

__/s/_____________________________

Cynthia L. Attwood

Dated: April 26, 2011                   Commissioner