SECRETARY OF LABOR,
Complainant,

v.

CERRO COPPER PRODUCTS COMPANY,
Respondent.

OSHRC Docket No. 83-1171

_DECISION_

Before:  BUCKLEY, Chairman; RADER and WALL, Commissioners.
BY THE COMMISSION:

The United States Court of Appeals for the Seventh Circuit has reversed
those portions of the orders issued on April 16, 1984, and October 31,
1984, by former Commission Administrative Law Judge Paul E. Dixon
suppressing the evidence gathered pursuant to two inspection warrants
obtained by the Secretary of Labor.  _Secretary of Labor v. Cerro Copper
Products Co_., No. 85-1033 (7th Cir. April 22, 1986)(unpublished
order).  The court remanded the case to the Commission "with directions
to approve the safety and health inspection warrants."  Accordingly, the
portions of the aforementioned orders invalidating the Secretary's
warrants and suppressing evidence are vacated.  The case is remanded to
the Chief Judge for further proceedings on the merits of the citation
items vacated as a result of Judge Dixon's orders suppressing the
evidence gathered under the warrants.

FOR THE COMMISSION

Ray H. Darling, Jr.
Executive Secretary

DATED:  August 8, 1986

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

SECRETARY OF LABOR,
Complainant

v.

CERRO COPPER PRODUCTS COMPANY, A
CORP.,
Respondent

OSHRC DOCKET 83-1171

_ORDER ON PARTIAL SETTLEMENT AGREEMENT_

The partial settlement agreement signed by the parties in the instant
case and dated September 12, 1984, is approved and the motions contained
therein are granted; respondent's motion to withdraw its notice of
contest to items 7, 9 and 10 of citation and notification of penalty
number 1, as amended in the partial settlement agreement, is granted. 
Pursuant to said partial settlement agreement, the following disposition
of items 7, 9 and 10 of citation and notification of penalty number 1 is
approved:

1.  Item 7 of citation number 1 for serious violations is hereby
affirmed, along with the amended penalty of $100;

2.  Item 9 of citation number 1 for serious violations is hereby
vacated, including the withdrawal of the proposed penalty of $320;

3.  Item 10 of citation number 1 for serious violations is hereby
affirmed, along with the amended penalty of $160.

Pursuant to the order suppressing evidence on April 16, 1984, in the
instant case, the remaining items of alleged violation contained in
citation and notification of penalty numbers 1 and 2 are hereby vacated,
along with the respective proposed penalties, for the reasons set forth
in said order.


Paul E. Dixon,
Judge, OSHRC

DATE:  October 31, 1984