OSHRC Docket No. 739

Occupational Safety and Health Review Commission

July 6, 1972


Before MORAN, Chairman; VAN NAMEE and BURCH, Commissioners



  BURCH, COMMISSIONER: On June 5, 1972, Judge Moran issued an order dismissing the respondent's notice of contest for failure to answer the Judge's May 18 order to show cause why said notice of contest should not be dismissed for non-compliance with Commission rules 2200.7(b)(1) and (e).   By his dismissal order, Judge Moran affirmed the Secretary's citation (10 items) and notification of proposed penalty in all respects.

The Commission has reviewed the record pursuant to my direction that the Judge's order be reviewed in accordance with 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").   The Commission notes that while the notice of contest was directed solely to the proposed penalties the Secretary by his complaint amended the citation and notification of proposed penalties by deleting certain items therefrom, and by altering the numerical designations of other standards in the citation.   These actions by the Secretary constituted amendments to the citation and notification of proposed penalty.   The Judge's order [*2]   failed to reflect those amendments.

Accordingly, IT IS ORDERED, That the citation and notification of proposed penalty, as amended, are affirmed in all respects.

  [The Judge's decision referred to herein follows]

MORAN, JUDGE, OSAHRC: The respondent, Packaging Products Incorporated, having failed to reply to the Order to Show Cause issued on May 18, 1972, is deemed to have abandoned its contest of the citation and proposed penalty issued on March 30, 1972, and the notice of contest is dismissed.   The Secretary's citation and proposed penalty are affirmed in all respects.