SCHULTZ'S, INC.

OSHRC Docket No. 76-1791

Occupational Safety and Health Review Commission

February 15, 1978

[*1]

Before: CLEARY, Chairman; and BARNAKO, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Marshall H. Harris, Regional Solicitor, USDOL

James R. Bowe, for the employer

OPINION:

DECISION

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).