OSHRC Docket No. 203

Occupational Safety and Health Review Commission

June 12, 1972


Before MORAN, Chairman; VAN NAMEE and BURCH, Commissioners



  BURCH, COMMISSIONER: On May 11, 1972, Judge Benjamin Worcester issued an order dismissing the notice of contest in this case.

Pursuant to the authority vested in the Members of the Commission by section 12(j) of the Occupational Safety and Health Act of 1970 (29 U.S.C.A. 651 et seq., 84 Stat. 1590, hereinafter referred to as the Act) I hereby direct that the Judge's recommended order be reviewed by the Commission in order to conform the decision herein with established Commission policy.

The Commission has reviewed the entire record in this case and notes that by letter dated May 5, 1972, respondent moved to withdraw its notice of contest indicating that the violations had been abated; that the employer intended to comply with the standards; that payment in full of the proposed penalties was forwarded therewith; and that all parties, including the authorized employee representative, were served with a copy of the motion to withdraw.

The Commission has no numerous occasions stated that a motion to withdraw a notice of contest will be given hospitable consideration upon the respondent's certification that [*2]   he has complied with specific conditions precedent (OSHRC Docket Numbers 252, 269, 247, 647).   The Commission finds that all of those conditions have been met by respondent herein.

  Accordingly, it is ORDERED that respondent's motion to withdraw its notice of contest is granted and the Secretary's citation and notification of proposed penalty are affirmed.

[The Judge's decision referred to herein follows]

WORCESTER, JUDGE, OSAHRC: On May 8, 1972, the Respondent herein filed a motion to withdraw notice of contest of the Citation and proposed penalty stating therein that all alleged violations had been abated, that the Respondent intended to comply with the standards, that payment in full of the proposed penalty was being tendered and that the rules pertaining to posting and service of notice were being complied with.

It is, therefore, hereby ORDERED that the Respondent's notice of contest be dismissed.