OSHRC Docket No. 12203

Occupational Safety and Health Review Commission

August 29, 1977


Before BARNAKO, Chairman; and CLEARY, Commissioner.


Baruch A. Fellner, Office of the Solicitor, USDOL

Norman H. Winston, Assoc. Reg. Sol., USDOL

J. D. Fleming, Jr., for the employer

Mr. E. M. Herrington, Pres., Local 407, 435, 388, United Paperworkers International Union, for the employees



BY THE COMMISSION: A decision of Review Commission Judge John S. Patton, dated February 9, 1976, is before this Commission for review pursuant to 29 U.S.C. 661(i). That decision vacated a citation which alleged that the respondent had violated 29 U.S.C. 654(a)(2) by failing to comply with the occupational safety and health standard codified at 29 C.F.R. 1910.95(b)(1).

On review the respondent takes exceptions to four findings by Judge Patton but does not request reversal of the Judge's decision. Under these circumstances, we will not address the issues raised by the respondent. West Point Pepperell, Inc., 77 OSAHRC 48/B14, 5 BNA OSHC 1257, 1977-78 CCH OSHD para. 21,751 (No. 8255, 1977), appeal docketed, No. 77-2156, 5th Cir., June 6, 1977; Weyerhaeuser Company, 77 OSAHRC 44/D6, 5 BNA OSHC 1275, 1977-77 CCH OSHD para. 21,716 (No. 11869, 1977).

Accordingly, [*2] the Judge's decision is affirmed.