SECRETARY OF LABOR,

	

 

Complainant,

	

 

v.

	

OSHRC Docket No. 07-1232

ALUMINUM & VINYL PRODUCT, INC.,

	

 

Respondent.

	

 

 

 

APPEARANCES:

Patricia Rodenhausen, Regional Solicitor; Michael P. Doyle, Counsel for
Appellate Litigation; Charles F. James, Counsel for Appellate
Litigation; U.S. Department of Labor, Washington, DC

 

For the Complainant

 

Adam D. Perlmutter, Esq.; Law Offices of Adam D. Perlmutter, P.C., New
York, NY

 

For the Respondent

 

 

DIRECTION FOR REVIEW AND REMAND ORDER

 

Before: THOMPSON, Chairman; ROGERS, Commissioner.

BY THE COMMISSION:

            On July 5, 2007, the Occupational Safety and Health
Administration (“OSHA”) issued Aluminum & Vinyl Product, Inc. (“AVP”) a
six-item serious citation and a one-item other-than-serious citation,
alleging various violations of the Occupational Safety and Health Act of
1970, 29 U.S.C. §§ 651-678. On July 27, 2007, AVP filed a Notice of
Contest, contesting only Citation 1, Item 4. That same day, AVP signed
an Informal Settlement Agreement with OSHA, settling all citation items
except Citation 1, Item 4. In an order dated August 9, 2007, the
administrative law judge approved the settlement agreement. This order,
however, did not dispose of Citation 1, Item 4.

            Accordingly, we direct this case for review /sua sponte/ and
remand the matter to the judge to dispose of Citation 1, Item 4.
/See/Commission Rules of Procedure 91(a) and 92(b), 29 C.F.R. 2200.91(a)
and 92(b) (Commission review of judge’s decision discretionary; review
may be directed by Commissioner on his own motion).

SO ORDERED.

 

 

 

/s/

Horace A. Thompson III

Chairman

 

 

 

/s/

Thomasina V. Rogers

Dated: August 30,
2007                                              Commissioner

 


 

      

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

 

 

 

Secretary of Labor,

	

 

Complainant,

	

 

v.

	

OSHRC DOCKET NO. 07-1232

ALUMINUM & VINYL PRODUCT, INC.

	

 

Respondent

	

 

 

 

ORDER

APPROVING STIPULATED SETTLEMENT

 

            The Commission has jurisdiction over the subject matter fo
the case and over the prties by virtue of the filing of a timely notice
of contest.

            The stipulated settlement between the parties filed on
7/27/07 has been considered. The parties certify that affected employees
were properly notified of the settlement on 7/27/07. No objcetion to the
settlement has been filed.

            The settlement is approved under 5. U.S.C. §554(c)(1) and
Commission Rule 100.^Footnote
<javascript:WPShow('WPFootnote1',%20WPFootnote1%20)> The terms of the
stipulated settlement are incorporated, in their entirety, by reference
in this order.

 

 

                                                                                                            /s/


                                                                                                            Irving
Sommer

                                                                                                            Chief
Judge

Dated: Aug 09, 2007

Washington, D.C.