SECRETARY OF LABOR,

	

 

Complainant,

	

 

v.

	


    OSHRC Docket Nos. 98-1986 & 98-1987

GUNITE CORPORATION,

	

 

Respondent,

 AW LOCAL 718,

Authorized Employee

Representative.

 

 

	

 

*ORDER*

Before: RAILTON, Chairman, ROGERS and THOMPSON, Commissioners.

BY THE COMMISSION: *//*

            On September 30, 2004, the Commission issued its decision in
/Gunite Corp./, 21 BNA OSHC 1983, 2005 CCH OSHD ¶ 32,762 (Nos. 98-1986 &
98-1987, 2004).  The Secretary thereafter petitioned the Seventh Circuit
for review of the Commission’s decision to vacate four citation items
alleging violations of the air contaminant standard.  On March 24, 2006,
the court reversed the Commission’s decision and remanded the case “with
instructions to affirm the four contested citations.”  /Chao v. Gunite
Corp./, 442 F.3d 550, 560 (7th Cir. 2006).  Accordingly, pursuant to the
court’s remand order, we affirm Serious Citation 1, Items 8a and 8b, and
Willful Citation 2, Items 3a and 3b. 

With regard to the characterization of and penalties assessed for these
items, we affirm the judge.  Therefore, we assess a penalty of $7,000
for Items 8a and 8b, affirmed as serious, and a penalty of $20,000 for
Items 3a and 3b, affirmed as willful. 

 

 

SO ORDERED.

 

 

 

_/s/______________________

                                                                      
W. Scott Railton

                                                                      
Chairman

                                                                                   
                                                           

 

                                                                             
_/s/_______________________

                                                                             
Thomasina V. Rogers

                                                                      
Commissioner

 

                                                                             


                                                                             
_/s/______________________

                                                                             
Horace A. Thompson, III

                                                                      
Commissioner

 

 

 

Dated:  June 14, 2006