FATTORE CONSTRUCTION COMPANY

OSHRC Docket No. 15123

Occupational Safety and Health Review Commission

February 28, 1978

[*1]

Before CLEARY, Chairman; and BARNAKO, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Kenneth Hellman, U.S. Department of Labor

Robert W. Berry, for the employer

OPINION:

DECISION

BY THE COMMISSION:

A decision of Administrative Law Judge Joseph Chodes is before the Commission pursuant to section 12(j) of the Occupational Safety and Health Act of 1970; 29 U.S.C. 651 et seq. [hereinafter "the Act"]. In that decision, Judge Chodes affirmed five citations for various serious violations of the Act and six of seven items of a citation for various nonserious violations. Total penalties of $1680 were assessed.

On review, respondent takes numerous exceptions to the Judge's procedural handling of the case. Exceptions are also taken to many of the Judge's factual determinations.

We have carefully reviewed the entire record and conclude that there is no merit to any of respondent's exceptions. There is no prejudicial error in the Judge's procedural rulings, and his findings of fact and conclusions of law are fully supported by the record. Indeed, we commend Judge Chodes for his handling of the case.

Accordingly, it is ORDERED [*2] that the Judge's decision is AFFIRMED.