UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,
Complainant,
v.	OSHRC DOCKET NO. 77–2848
J.L. FOTI CONSTRUCTION COMPANY, INC.,
Respondent.

October 27, 1982

ORDER

Before: ROWLAND, Chairman; CLEARY and COTTINE, Commissioners.

BY THE COMMISSION:

The United States Court of Appeals for the Sixth Circuit remanded this case to the Commission ‘for reinstatement of the original civil penalty assessed by the administrative law judge against . . . Foti.’ J.L. Foti Construction Co. v. OSHRC, 687 F.2d 853 (6th Cir. 1982). The judge had originally assessed a penalty of $500 for a violation of the scaffold guardrail standard at 29 C.F.R. § 1926.451(d)(10).

Accordingly, a penalty of $500 is assessed.

SO ORDERED.

FOR THE COMMISSION:

Ray H. Darling, Jr.

Executive Secretary

DATED: OCT 27, 1982