UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,
Complainant,
v.	OSHRC DOCKET NO. 80–3463
F.BENSON & COMPANY, INC.,
Respondent.

December 31, 1980

DIRECTION FOR REVIEW AND REMAND ORDER

This case is directed for review pursuant to Section 12(j), 29 U.S.C. § 661(i), of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651–678.

Subsequent to the filing of the Administrative Law Judge’s Order of December 4, 1980 the parties notified the Judge that the Stipulation and Joint Motion previously submitted was in error.

The parties now represent that item numbers 1 and 2 of Citation No. 1; and item number 3 of Citation No. 2 had been previously deleted by the Fort Lauderdale, Florida, OSHA Area Office. As a result of the deletion of the above items the corrected total penalty for the remaining items should be $576.00 as opposed to the $864,00 so stated.

On the basis of the record as it now stands we are unable to determine without the appropriate Stipulation and Joint Motion the intent of the parties herein and whether said deletions have been properly brought before the Commission.

Accordingly, the Judge’s Order is vacated and the case is remanded for further proceedings. SO ORDERED.

FOR THE COMMISSION

RAY H. DARLING, JR.

EXECUTIVE SECRETARY

Dated: December 31 1980

[No ALJ decision available].