SECRETARY OF LABOR,
CAPITAL CITY EXCAVATING CO., INC.,
OSHRC Docket No. 81-1423
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.
DATED: OCT 28 1983
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[[*]] Judge Cecil Cutler, who originally decided the case, is no longer with the Commission.