OSHRC Docket No. 76-1791
Occupational Safety and Health Review Commission
February 15, 1978
Before: CLEARY, Chairman; and BARNAKO, Commissioner.
Baruch A. Fellner, Office of the Solicitor, USDOL
Marshall H. Harris, Regional Solicitor, USDOL
James R. Bowe, for the employer
BY THE COMMISSION: A decision of Administrative Law Judge Henry K. Osterman is before this Commission pursuant to a direction for review "for error" by former Commissioner Moran issued pursuant to § 12(j) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. Judge Osterman vacated the citation and proposed penalty issued for an alleged violation of § 5(a)(1) of the Act.
No party has taken issue with the Judge's decision. Although respondent has submitted a brief on review, it seeks affirmance of the Judge's action. Accordingly, the Commission will not review the decision. See Water Works Installation Corp., 76 OSAHRC 61/B8, 4 BNA OSHC 1339, 1976-77 CCH OSHD para. 20,780 (No. 4136, 1976); Crane Co., 76 OSAHRC 37/A2, 4 BNA OSHC 1015, 1975-76 CCH OSHD para. 20,508 (No. 3336, 1976). The Judge's decision is therefore affirmed and will be accorded the significance of an unreviewed Judge's decision. Leone Construction Company, 76 OSAHRC 12/E6, 3 BNA [*2] OSHC 1979, 1975-76 CCH OSHD para. 20,387 (No. 4090, 1976).