UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
|
SECRETARY
OF LABOR, |
|
|
Complainant, |
|
|
v. |
OSHRC
DOCKET NO. 16033 |
|
SERVICE
SPECIALTY, INC., |
|
|
Respondent. |
|
May 22, 1980
ORDER
Before CLEARY, Chairman; BARNAKO and COTTINE,
Commissioners.
BY THE COMMISSION:
The
Commission adopts the judge’s conclusion, made in accordance with our remand
order of September 28, 1979, 79 OSAHRC 84/F5, 7 BNA OSHC 1770, 1979 CCH OSHD ¶ 23,928,
that the Commission has jurisdiction over this proceeding.
The
settlement agreement submitted by the parties is hereby approved. The citation
for failure to comply with 29 C.F.R. § 1903.16(a), dated October 23, 1975, is
affirmed and a penalty of $100 is assessed for that violation. The notification
of failure to correct, dated October 23, 1975, is affirmed and a penalty of $100
is assessed for Respondent’s failure to timely abate the violations listed in
the notification. Thus, the total penalty for all matters covered by the
settlement agreement is $200. SO ORDERED.
FOR THE COMMISSION:
RAY H. DARLING, JR.
EXECUTIVE SECRETARY
BY: Gloria W. White
Acting Executive Secretary
DATED: MAY 22, 1980
UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
|
SECRETARY
OF LABOR, |
|
|
Complainant, |
|
|
v. |
OSHRC
DOCKET NO. 16033 |
|
SERVICE
SPECIALTY, INC., |
|
|
Respondent. |
|
FINAL ORDER DATE: February 25, 1980
DECISION
ON REMAND
On September 28, 1979, the Commission entered an order remanding
this case to the undersigned to enter appropriate findings of fact and
conclusions of law as to whether respondent’s notice of contest was timely
filed, which would affect jurisdiction in this case.
Prior to the time of the scheduled hearing on remand, the
parties filed a stipulation in settlement of all matters in issue. Accordingly,
it is submitted as a finding of fact that respondent seeks to withdraw its
notice of contest, and concluded, as a matter of law, that the Commission has
jurisdiction in this case since all allegations and assertions are consistent
with the pleadings and record.
The parties agree that the alleged violations have been
abated and the proposed penalty, as amended, has been paid. It is, therefore,
recommended that the Commission approve the settlement of the parties and
affirm the citation.
SO ORDERED.
Dated this 24th day of
January, 1980.
/s/ PAUL L. BRADY
Judge