OSHRC Docket No. 732

Occupational Safety and Health Review Commission

August 14, 1972


Before MORAN, Chairman; VAN NAMEE and BURCH, Commissioners



  BURCH, COMMISSIONER: Judge Chaplin issued his recommended order and amendment thereto in this case on July 12 and 18, 1972, respectively, granting the Secretary's motion to dismiss the citation issued respondent for failure to post official poster to inform employees of protections and obligations, and thereby vacated citation number 1 together with notification of proposed penalty of $50.

I am herewith directing that the Judge's order be reviewed by the Commission 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).

The Commission has reviewed the record in this case and notes that the respondent received one citation for 41 other than serious violations of the Secretary's safety and health standards together with a notification of proposed penalty totaling $645.   Respondent contested only item 1 of the citation with a proposed penalty of $50 which item is the subject of the Secretary's motion.

Accordingly, the Judge's order is amended to provide that the Secretary's motion to vacate item one of citation number one is granted and item   [*2]   one of the citation and notification of proposed penalty therefor are vacated.

  [The Judge's decision referred to herein follows]

CHAPLIN, JUDGE, OSAHRC: Respondent was cited for 41 alleged violations of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651). Respondent contested citation number 1 and the proposed penalty of $50.00 and paid the proposed penalty of $645.00 for the other citations.   Citation number 1 was for "Failure to post official poster to inform employees of protections and obligations."

Now comes the Complainant May 23, 1972, and moves to dismiss paragraph IV of the complaint pertaining to a violation of the posting regulations on the ground that further investigation has disclosed that the official poster was in fact posted at Respondent's worksite on the date of inspection by an authorized representative of the Secretary of Labor.

Granting this motion would not be inconsistent with the purposes of the Occupational Safety and Health Act of 1970.   Respondent joins in the request and the authorized employee representative has not objected.

It is therefore ORDERED that Complainant's motion to dismiss the citation for failure to post the official [*3]   poster be granted.   There being no contest respecting the remaining citations and proposed penalties such citations of violation and penalties are affirmed by the undersigned and deemed the final order of the Commission.   Citation #1 and proposed penalty of $50.00 are vacated.