United State of America ____________________________________ SECRETARY OF LABOR, : : Complainant, : : - v - : OSHRC Docket No. 01-1587 : S.A.STORER AND SONS, CO., : Respondent. : ____________________________________: REMAND ORDER On March 19, 2004, the United States Court of Appeals for the District of Columbia Circuit issued a decision and order vacating the order of the Review Commission dated September 5, 2002. The court granted in part Respondent’s petition for review with respect to an alleged violation of 29 C.F.R. §1926.451(g)(1). The court affirmed the decision of Commission Judge Stephen J. Simko as to the materials staging area of the scaffold and vacated the decision as to the window opening area. The court remanded the matter to the Commission for further proceedings consistent with its decision. We in turn remand this matter to Judge Simko. On remand, the judge is directed to vacate the citation in so far as it alleges a violation with regard to the window opening area, affirm the citation as to the materials staging area, and reassess an appropriate penalty for that portion of the citation which is affirmed. The ALJ is directed to issue his decision and order on an expedited basis pursuant to Commission Rule 103, 29 C.F.R. §2200.103. Date: ___May 27, 2004_______ /s/_______________________________ W. Scott Railton Chairman /s/________________________________ James M. Stephens Commissioner /s/_________________________________ Thomasina V. Rogers Commissioner