OSHRC Docket No. 496

Occupational Safety and Health Review Commission

November 9, 1972


Before MORAN, Chairman; VAN NAMEE and BURCH, Commissioners



  BURCH, COMMISSIONER: On October 10, 1972, Judge James A. Cronin, Jr. issued an order in this case granting respondent's motion to withdraw notice of contest and dismissing the proceedings.

Pursuant to 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 am hereby directing that the Judge's decision be reviewed by the Commission.

The Commission has reviewed the record in this case noting that on January 13, 1972, respondent was issued two citations for serious and non-serious violations of the Act together with a notification of proposed penalties of $500 and $150, respectively.   Upon timely receipt of a notice of contest the Secretary filed his complaint which amended the citation for non-serious violation by changing the description of the violation set forth therein, and respondent filed its answer.   The Secretary thereafter moved for leave to file an amended complaint to reflect more accurately the description of the alleged non-serious violation as set forth in the citation.   No ruling was entered on the [*2]   Secretary's motion.

Prior to commencement of the hearing, respondent moved to withdraw the notice of contest and in support of that motion represented that the alleged violations were immediately abated; that it was in continuing   compliance with the Act; that it had tendered the payment of $650 to the Secretary, and complied with the service requirements of Commission Rule 2200.7(i).

Accordingly, it is ORDERED that the Judge's order is amended to provide that the Secretary's motion to amend his complaint is granted so as to place his citation in its initial posture.   Respondent's motion to withdraw 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]

CRONIN, JUDGE, OSAHRC: This case is properly before the Judge upon assignment for hearing by the Occupational Safety and Health Review Commission.

The Respondent, by motion filed September 27, 1972, seeks to withdraw its Notice of Contest to the two citations issued January 13, 1972.   In support of said motion, the Respondent represents that the alleged violations were abated immediately and that Respondent is in continuing [*3]   compliance with the rules and regulations involved; that tender of the proposed penalties totalling $650.00 has been made, and that all parties have been served with a copy of the motion in accordance with the Commission Rules of Procedure.

Based upon the foregoing, and no objection having been raised, the said withdrawal motion is hereby granted and it is so ORDERED.

There being no further contest in this case, the proceedings are hereby dismissed.