UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

 

 

SECRETARY OF LABOR,

 

                                             Complainant,

 

                         v.

OSHRC DOCKET NO. 78-5016

AMERICAN HOSE CORPORATION, SUBSIDIARY OF ST. CLAIR RUBBER COMPANY, A CORPORATION,

 

 

                                              Respondent.

 

 

May 11, 1979

 

DIRECTION FOR REVIEW AND ORDER

Before CLEARY, Chairman; BARNAKO and COTTINE, Commissioners.

BY THE COMMISSION:

            The Order of Administrative Law Judge Alan M. Wienman, in this case, dated April 12, 1979, is directed for review pursuant to Rule 91a of the Commission’s Rules of Procedure, 29 CFR § 2200.91a, for the sole purpose of correcting an error in that Order.

            After entering his Order, Judge Wienman discovered that he had assessed an incorrect penalty for Citation 2. He has filed an errata to his decision. Because an administrative law judge retains no jurisdiction over a case once his decision is filed with the Commission, Judge Wienman had no power to modify his Order. Accordingly, the judge’s Order is hereby amended to incorporate the errata issued on April 25, 1979, assessing a penalty of $2,900 for citation number 2.

 

FOR THE COMMISSION:

 

RAY H. DARLING, JR.

EXECUTIVE SECRETARY

DATED: MAY 11, 1979

 

 

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

 

 

SECRETARY OF LABOR,

 

                                             Complainant,

 

                         v.

OSHRC DOCKET NO. 78-5016

AMERICAN HOSE CORPORATION, SUBSIDIARY OF ST. CLAIR RUBBER COMPANY, A CORPORATION,

 

 

                                              Respondent.

 

April 12, 1979

ORDER

            The record refleets that three Citations alleging violations of the Occupational Safety and Health Act of 1970 were issued to Respondent October 5, 1978, subsequent to an inspection of a workplace situated at 730 West Washington, Winchester, Indiana. Citation Number 1 alleged serious violations grouped under six item headings, for which penalties totaling $2,970.00 were proposed. Citation Number 2 alleged willful violations, for which penalties totaling $14,400.00 were proposed, and Citation Number 3 alleged two non-serious violations, for which no monetary penalties were proposed. All violations were to be corrected by various dates in the fall of 1978.

            Respondent timely contested the Citations, proposed penalties and abatement deadlines. By letter dated November 14, 1978, the United Autombile, Aerospace and Agricultural Implement Workers of America, UAW and its Local 1955, the authorized employee representatives, elected party status. The cause was assigned to the undersigned Judge, but on March 29, 1978, Complainant, Respondent and the United Automobile Workers executed a Settlement Agreement terminating the dispute.

            In said Agreement, Complainant proposed to delete Item 1 of Citation Number 2 having determined that it lacked the evidence necessary to establish that violation. Complainant also sought to reduce the penalties proposed for the remaining violations. As amended, the penalties would total $950.00 for Citation Number 1 and $3,650.00 for Citation Number 2. Complainant also agreed, in Paragraph I(c) of the Settlement Agreement, to extend the abatement date for Item 2 of Citation Number 1 to a total of 60 days from the date of the execution of the Settlement Agreement and the abatement deadline for Item 2 of Citation Number 2 to a date 30 days after the execution of the Settlement Agreement.

            Respondent in turn sought to withdraw its Notice of Contest and, in Paragraph III set forth the abatement steps which were being taken in connection with Items 1, 2 and 5 of Citation Number 1 and Items 1, 2 and 3 of Citation Number 2. Respondent also represented that it would pay the amended penalties in the sum of $3,850.00 upon approval of the Settlement Agreement. Respondent further certified that the Agreement had been served on affected employees in the manner set forth in Section 7 of the Rules of the Review Commission.

            Now, a reasonable time having elapsed and no objection to the relief sought having been filed by any of the employees of the Respondent, it is hereby ORDERED:

            1. The motion of Respondent to withdraw its Notice of Contest is granted.

            2. Citation Number 1 for serious violations issued to Respondent October 5, 1978, as modified by the Settlement Agreement, is affirmed. A civil penalty of $950.00 is assessed thereon.

            3. Citation Number 2 for willful violation issued to Respondent October 5, 1978, is modified by the deletion of Item 1. The Citation, as modified by said deletion and the extension of abatement dates as set forth in the Settlement Agreement, is affirmed and a civil penalty in the sum of $3,650.00 is assessed thereon.

            4. Citation Number 3 issued to Respondent October 5, 1978, is affirmed without penalty.

Alan M. Wienman

Judge, OSHRC

DATE: April 12, 1979