OSHRC Docket No. 669

Occupational Safety and Health Review Commission

November 13, 1972


Before MORAN, Chairman; VAN NAMEE and BURCH, Commissioners



  BURCH, COMMISSIONER: On October 10, 1972, Judge Vernon Riehl issued a "stipulation and order" in this case sustaining the stipulation between respondent and the Secretary.

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 February 23, 1972, respondent was issued a citation for 15 other than serious violations of the Act together with a proposed penalty totalling $330.00.   A timely notice of contest was filed and issue joined with the exchange of the Secretary's complaint and respondent's answer.

The parties thereafter submitted a stipulated withdrawal of notice of contest wherein respondent certified compliance with those conditions precedent essential to hospitable consideration by the Commission of such motions.

Accordingly, it is ORDERED that the Judge's order is amended to provide that respondent's motion to withdraw notice of contest is granted   [*2]   and the Secretary's citation and notification of proposed penalty are affirmed.

  [The Judge's decision referred to herein follows]

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

The Complainant and Respondent have agreed to a stipulation September 26, 1972, and submitted it to us for approval.

The Respondent, by said stipulation avers:

(a) The president of the Respondent's Corporation has set forth a sworn affidavit, which was attached thereto and made a part thereof the stipulation, that he had no knowledge of the Respondent's responsibility to post a notice or notices furnished by the United States Department of Labor which informed employees of the protections and obligations under the Occupational Safety and Health Act; and, that he had not received by mail such a notice or notices at the time of the inspection of the Respondent's workplace on February 4, 1972.

(b) The parties agreed that the Notification of Proposed Penalty may be modified by dismissing the proposed penalty of $50 with respect to Item 14.

(c) The Respondent assures the Complainant that it has abated [*3]   the condition referred to in Item 14 of the Citation, in that the employee notice poster is now displayed in a prominent location.

(d) The Respondent further assures the Complainant that it has abated the conditions referred to in Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15.

(e) The Respondent assures the Complainant that it will tender a certified check to Complainant in the amount of $280 which represents the full penalty due in accordance with the modification agreed to in paragraph (b) above.

  (f) The Respondent assures the Complainant that it is now in compliance with the occupational safety and health regulations and standards promulgated by the Secretary of Labor, United States Department of Labor, and will continue to be in compliance in the future.

(g) The Respondent gives assurance that this stipulation, as well as all other documents filed in this matter, have been served and posted pursuant to 29 CFR 2200.7.

The parties agree that an order may be entered which:

(a) Dismisses the proposed penalty of $50 in respect to Item 14 of the Notification of Proposed Penalty.

(b) Affirms the Citation and all items of the Citation and the proposed penalties [*4]   for Items 1, 2, 5, 11, 13 and 15.

No objections having been received from any authorized representative of employees or affected employees, and upon showing by stipulation of correction, abatement, payment of proposed penalties and continued compliace, the stipulation of the Respondent, joined in by the Department of Labor, should be sustained and it is so ORDERED.