SECRETARY OF LABOR,
Complainant,

v.

CAPITAL CITY EXCAVATING CO., INC.,
Respondent.

OSHRC Docket No. 81-1423


ORDER


This case is before the Commission on remand from the U.S. Court of Appeals for the Sixth Circuit. The court found that a violation by the Respondent of the trenching standard at 29 C.F.R. 1926.652(b) was willful and remanded to the Commission for assessment of an appropriate civil penalty. Donovan v. Capital City Excavating Co., 712 F.2d 1008 (6th Cir., 1983). We further remand the case to the Chief Administrative Law Judge for reassignment[[*]] and for further proceedings consistent with the court's decision.

IT IS SO ORDERED.

FOR THE COMMISSION

RAY H. DARLING, JR.
EXECUTIVE SECRETARY



DATED: OCT 28 1983


The Administrative Law Judge decision in this matter is unavailable in this format. To obtain a copy of this document, please request one from our Public Information Office By e-mail ( lwhitsett@oshrc.gov ), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).



FOOTNOTE:


[[*]] Judge Cecil Cutler, who originally decided the case, is no longer with the Commission.