NEW YORK ROOFING COMPANY
OSHRC Docket No. 76-3121
Occupational Safety and Health Review Commission
June 17, 1977
[*1]
Before: BARNAKO, Chairman; and CLEARY, Commissioner.
COUNSEL:
Baruch A. Fellner, Office of the Solicitor, USDOL
Francis V. LaRuffa, Regional Solicitor, USDOL
Robert J. Ansbro, Vice Pres., New York Roofing Company, for the employer
OPINION:
ORDER
BY THE COMMISSION: This case is before the Commission pursuant to an order for review by former Commissioner Moran. Respondent filed a petition for discretionary review which requested review by the Commission of a citation for violation of 29 C.F.R. § 1926.28(a) that was affirmed by Judge Jerome C. Ditore. The petition does not specify how the Judge's decision is in error. Commission Rule 91a(b) and (c), 29 C.F.R. § 2200.91a(b) and (c), 41 Fed. Reg. 53016 (1976), requires that such petitions specify the grounds on which review is sought. Furthermore, although the parties were invited to file briefs in response to the direction for review, they have not done so. In these circumstances, the Commission will not review the case. See Crane Co., 76 OSAHRC 37/A2, 4 BNA OSHC 1015, 1975-76 CCH OSHD para. 20,508 (No. 3336, 1976); Abbott-Sommer, Inc., 76 OSAHRC 21/A2, 3 BNA OSHC 2032, 1975-76 CCH OSHD para. 20,428 (No. 9507, 1976). See [*2] also Keystone Roofing Co., Inc. v. OSHRC, 539 F.2d 960, 964 (3d Cir. 1976).
The Judge's decision is accorded the significance of an unreviewed Judge's decision. Leone Constr. Co., 76 OSAHRC 12/E6, 3 BNA OSHC 1979, 1975-76 CCH OSHD para. 20,387 (No. 4090, 1976).
Accordingly, the Judge's decision is affirmed.