KROGER COMPANY

OSHRC Docket No. 12451

Occupational Safety and Health Review Commission

November 3, 1977

[*1]

Before CLEARY, Chairman; and BARNAKO, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Ronald M. Gaswirth, Regional Solicitor, U.S. Department of Labor

James S. Johns, Kroger Company, for the employer

OPINION:

DECISION

BY THE COMMISSION:

The Secretary of Labor filed a petition for discretionary review excepting to Administrative Law Judge Brenton's decision vacating a citation for a nonserious violation of 29 CFR 1910.132(a) for failing to provide butchers working in respondent employer's retail stores with wire-mesh gloves to guard against cutting accidents. The petition was granted.

Our disposition is controlled by Grand Union Co., 75 OSAHRC 88/A2, 3 BNA OSHC 1596, CCH OSHD para. 20,107 (Nos. 7533 & 7301), a similar case.

Accordingly, the Judge's decision is affirmed.