UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

ORDER OF REINSTATEMENT

August 14, 1972

Before MORAN, Chairman; VAN NAMEE and BURCH, Commissioners

BURCH, COMMISSIONER:

On July 12, 1972, Judge Worcester issued his recommended order in this case dismissing respondent’s notice of contest and affirming the Secretary’s citation and notification of proposed penalty.

Pursuant to the authority vested in Members of the Commission by virtue of section 12(j) of the Occupational Safety and Health Act of 1970 (29 U.S.C.A. 651 et seq., 84 Stat. 1590), I am herewith directing that the Judge’s order be reviewed by the Commission.

Commission review of the record discloses that on March 21, 1972, respondent received a citation for four alleged other than serious violations together with a notification of proposed penalty of $30 as to Item 3. A timely notice of contest was filed by the respondent pro se. In response to the Secretary’s complaint counsel for respondent submitted his notice of appearance and answer without certifying service upon the affected employees’ authorized representative. Judge Worcester thereupon issued a June 19 order directed to the respondent affording 10 days within which to submit proof of service inter alia of the notice of contest and answer upon the authorized employee representative.

By letter, dated June 27, respondent’s counsel filed with the Commission a response to said order certifying full compliance with the order’s mandate. However, through administrative oversight that communication was not made part of the case record until after Judge Worcester rendered his dispositive order.

Accordingly, IT IS ORDERED, That the Judge’s order is set aside and the case is reinstated for further proceedings consistent with this order.

 [The Judge’s decision referred to herein follows]

WORCESTER, JUDGE, OSAHRC:

This matter is pending as the result of a notice of contest filed March 30, 1972. On June 19, 1972, the Respondent was ordered to submit proof of compliance with the requirements of 22 CFR 2200.7 by showing that copies of the notice of contest and answer were served upon other parties to this proceeding within 10 days of receipt of this order. The order was served on June 21, 1972.

            Now, therefore, on this 12th day of July, 1972, the Respondent having failed to comply with said order, it is hereby ordered that the Respondent’s notice of contest be dismissed and that the citation and proposed penalty of $30.00 be affirmed.

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

February 12, 1973

CHODES, JUDGE, OSAHRC:

This matter is upon the motion of Respondent, made on December 1, 1972, to withdraw its Notice of Contest. The record shows that a Citation and Notification of Proposed Penalty of $30, were issued to the Respondent on March 21, 1972. A Notice of Contest of the Citation and Proposed Penalty was received by the Complainant on March 30, 1972, thereby conferring jurisdiction of this case on the Occupational Safety and Health Review Commission.

The Citation was for non-serious violation of Section 5(a)(2) of the Occupational Safety and Health Act of 1970, (29 U.S.C. 651, et seq.). The specific violations alleged were that on March 1, 1972, the Respondent violated; (1) 29 CFR 1910.212(a)(5) by failing to adequately guard blades of six cooling fans; (2) 29 CFR 1910.37(q)(6) by failing to illuminate exit signs; (3) 29 CFR 1910.219(d)(1) and (c)(3) by failing to guard drive shaft, belts and pulleys used to operate six sewing machines and; (4) 29 CFR 1910.315(n)(4) by failing to cover an electrical junction box on drive motor of sewing machines.

In the motion to withdraw its Notice of Contest the Respondent certified that it had corrected the violations charged against it, that the Respondent intends to comply in the future with the provisions of the Occupational Safety and Health Act of 1970, and that the penalty of $30, has been paid.

Copies of the Respondent’s motion to withdraw its Notice of Contest were served on the Complainant and Local 22 and 89, International Ladies’ Garment Workers’ Union, Authorized Employees Representative.

A reasonable time has elapsed since the service of the Respondent’s motion to withdraw its Notice of Contest on the Complainant and the Employees Authorized Representatives, and no objections to the proposed action has been received.

The granting of the Respondent’s motion to withdraw its Notice of Contest is considered to be consistent with the provisions of the Occupational Safety and Health Act of 1970.

Accordingly, it is ORDERED that the Respondent’s motion to withdraw its Notice of Contest is hereby granted; and it is further.

ORDERED that the Citation and the Proposed Penalty of $30, are hereby affirmed.