OSHRC Docket No. 11961

Occupational Safety and Health Review Commission

June 20, 1975


Before MORAN, Chairman; and CLEARY, Commissioner


BY THE COMMISSION: Pursuant to section 12(j) of the Occupational Safety and Health Act of 1970, Judge Worcester's order in this case is directed for review and modified by the Commission.

The parties submitted a settlement agreement to the Administrative Law Judge in which, among other things, the Secretary moved to withdraw item No. 12 of citation No. 2 for non-serious violation alleging non-compliance with the standard at 29 CFR 1910.179(g)(2)(i) and the $55 penalty proposed to be assessed therefor. The Administrative Law Judge failed to rule upon this motion.

Accordingly, the Secretary's motion to withdraw item No. 12 of citation No. 2 for non serious violation and the $55 penalty therefor is granted in light of the asserted lack of evidence to support the item. The Administrative Law Judge's order is so amended.

[The Judge's decision referred to herein follows]

WORCESTER, JUDGE: The parties filed a Settlement Agreement on May 19, 1975. Upon consideration thereof it is found and concluded that the agreement is in full compliance with the Occupational Safety and Health Act of 1970 and the Rules of this Commission [*2] in all respects. It is therefore:

ORDERED that the Respondent's motion to withdraw its Notice of Contest be granted, the Citation be affirmed and that a penalty of $655.00 be assessed.