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).