United States of America

*OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION*

                                  1120 20th Street, N.W., Ninth Floor

                                        Washington, DC 20036-3457

 

 

SECRETARY OF LABOR,

	

 

Complainant,

	

 

 

 

 

v.

	

OSHRC Docket No.  09-0901

 

CATERPILLAR LOGISTICS SERVICES, INC.,

 

	

 

Respondent

 

 

 

 

 

	

 

UAW LOCAL 974,

 

	

 

                Authorized Employee

                             Representative.

	

 

 

	

 

 

	

 

 

*REMAND ORDER* 

Before:  ROGERS, Chairman; ATTWOOD, Commissioner.

BY THE COMMISSION:

This case is before the Commission on remand from the United States
Court of Appeals for the Seventh Circuit.  /Caterpillar Logistics
Services, Inc. v. Solis/, 674 F.3d 705 (7th Cir. 2012).  On appeal, the
court reviewed a decision of Administrative Law Judge Patrick B.
Augustine affirming a violation of 29 C.F.R. §1904.4(a).  /Caterpillar
Logistics Services, Inc./, 23 BNA OSHC 1806 (No. 09-0901, 2011).  In an
opinion dated March 20, 2012, the court vacated the judge’s decision.

 

 

 

 

By mandate filed May 14, 2012, the court has remanded the case to the
Commission. We, in turn, remand this case to the judge for further
proceedings consistent with the court’s opinion.

SO ORDERED.

 

 

 

*__/s/_______________________________*

Thomasina V. Rogers

Chairman

                                               

 

 

*__/s/______________________________ _*

Cynthia L. Attwood

Dated:             May 14, 2012 
                                                Commissioner