UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

 

SECRETARY OF LABOR,

 

Complainant,

 

v.

OSHRC DOCKET NO. 83–98

 

OWENS-ILLINOIS, INC.,

 

 

Respondent.

 

 

September 21, 1983

ORDER

  In light of Respondent’s certification of service, the Commission affirms the Administrative Law Judge’s order granting the Secretary’s motion to vacate the citation. Chairman Rowland concurs in this order consistent with his dissenting opinion in Ceres Terminals, Inc., 83 OSAHRC 30/D8, 11 BNA OSHC 1373, 1983 CCH OSHD ¶26,510 (No. 82–713, 1983) and National Railroad Passenger Corp., 83 OSAHRC 30/E1, 11 BNA OSHC 1375, 1983 CCH OSHD ¶26,511 (No. 82–785, 1983).

FOR THE COMMISSION:

Ray H. Darling, Jr.

Executive Secretary

DATED: SEP 21, 1983

 

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

 

SECRETARY OF LABOR,

 

Complainant,

 

v.

OSHRC DOCKET NO. 83–98

 

OWENS-ILLINOIS, INC.,

 

 

Respondent.

 

May 31, 1983

 

ORDER GRANTING MOTION TO VACATE

  Complaint has moved to vacate the citation issued in this matter. After due consideration, complainant’s motion to vacate is granted.

 

EDWIN G. SALYERS

Judge

Dated: May 31, 1983


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