OSHRC Docket No. 2616

Occupational Safety and Health Review Commission

January 23, 1974


Before MORAN, Chairman; VAN NAMEE and CLEARY, Commissioners



  MORAN, CHAIRMAN: A decision of Review Commission Judge Herbert E. Bates dated June 13, 1973, is before this Commission for review pursuant to section 12(j) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq., 84 Stat. 1590, hereinafter referred to as the Act).

That decision struck respondent's answer for untimely filing and affirmed the citation and proposed penalties of complainant.

After being notified that the Judge's decision had been directed to be reviewed, respondent's counsel advised as follows:

We have sent the $50 penalty payment . . . and we will agree to the case being closed.   We appreciate the review granted of the decision of the judge, however, we will abide by it.

The Judge's order is therefore affirmed in all respects.

[The Judge's decision referred to herein follows.]

BATES, JUDGE, OSAHRC: It appearing to the undersigned that no mitigating factors exist in the captioned cause to excuse the Respondent's untimely Answer to the Complaint herein [such as were present in Secretary of Lalbor v. A. Stuart Volling, Inc.,   [*2]   Secretary of Labor v. Cobia Boats, Inc., OSHRC No. 1795 (2-27-73)] the   Complainant's Motion to Strike the said Answer is hereby granted, the said Answer is ordered striken, and the Complaint and attendant Notification of Proposed Penalty affirmed in all respects.