SECRETARY OF LABOR,

	

 

                     Complainant,

	

 

                     v.

	

 OSHRC Docket No. 02-0363

84 COMPONENTS COMPANY,

	

 

                       Respondent.

	

 



 

/ORDER/

           On January 31, 2002, following an inspection of Respondent’s
facility in Pennington, New Jersey, the Occupational Safety and Health
Administration (OSHA) issued two citations with proposed penalties of
$37,000. Respondent filed a timely notice of contest and the case was
assigned to Administrative Law Judge Michael H. Schoenfeld. On October
22, 2002, the parties executed a Stipulated Settlement (“settlement”)
agreeing to the conclusion of all matters at issue. The parties
submitted the settlement to the judge, and on November 4, 2002, the
judge issued an Order Approving the Settlement. The judge’s order was
docketed by the Commission on November 5, 2002.

           On November 25, 2002, Respondent filed a Petition for
Discretionary Review (“PDR”) and a Motion for Relief (“motion”) from the
judge’s order. Chairman W. Scott Railton directed the case for review on
December 3, 2002. In both the PDR and the motion, Respondent claims
that, contrary to the language of the settlement, the parties are not in
agreement as to the requirements for abatement of the conditions cited
in Citation 1, item 8a, which alleged a violation of 29 C.F.R. §
1910.213(h)(1). The Secretary did not oppose the PDR or the motion, nor
has she filed a Cross-Petition for Discretionary Review.

           To permit appropriate inquiry into this matter, we set aside
the judge’s order and remand this case to him so that he may consider
the issues raised by Respondent.


 

/s/

                                                                             W.
Scott Railton

                                                                             Chairman



                                                                             /s/


                                                                             Thomasina
V. Rogers

                                                                             Commissioner



                                                                             /s/


                                                                             James
M. Stephens

                                                                             Commissioner


Dated: February 24, 2003  








------------------------------------------------------------------------

 


ELAINE L. CHAO, Secretary of Labor’

United States Department of Labor,

	

 

                                 Complainant,

	

 

                        v.

	

OSHRC Docket No. 02-0363

84 COMPONENTS,

	

 

                                  Respondent.

	

 



ORDER APPROVING SETTLEMENT


 

            Respondent in OSHRC Docket No. 02-363 by a letter dated
contested the citations issued to it by Complainant on February 21,
2002. In that letter, Respondent also contested the penalties proposed
by Complainant for the citations.

            An executed Settlement Agreement has been received from the
parties, and this Agreement addresses all matters at issue between the
parties in this proceeding. The Agreement having been read and
considered it is

            ORDERED: (1) That the terms of the Settlement Agreement are
approved and incorporated as part of this Order; and

            (2) That this Order, pursuant to Section 12(j) of the Act,
29 U.S.C. § 661 (j), will become the final order of the Commission at
the expiration of 30 days from the date of docketing by the Executive
Secretary, unless within that time a member of the Commission directs
that it be reviewed.

Dated this 4th day of November, 2002. 



 

/s/

                                                                        HONORABLE
MICHAEL H.. SCHOENFELD

                                                                        Judge,
Occupational Safety

                                                                        & Health
Review Commission