“Docket No. 89-0819 SECRETARY OF LABOR,Complainant,v.CROCKER & WEST SHEET METALCO., INC.,Respondent.OSHRC Docket No. 89-0819ORDER This case was directed for review before the OccupationalSafety and Health Review Commission (\”Commission\”) by Chairman Edwin G. Foulke,Jr. on March 19, 1990 from a decision by Administrative Law Judge David G. Oringer datedJanuary 22, 1990. Thereafter, the Secretary of Labor (\”Secretary\”) filed aWithdrawal of Citation and Complaint with the Commission pursuant to Commission Rule 102,29 C.F.R. ? 2200.102.Having reviewed the official record in this case, theCommission construes the Secretary’s Notice of Withdrawal of Citation and Complaint as aMotion to Withdraw Citation and Complaint and grants the motion. In addition, theCommission sets aside Judge Oringer’s order which dismissed the notice of contest andaffirmed the citation.Edwin G. Foulke, Jr.ChairmanVelma MontoyaCommissionerDonald G. WisemanCommissionerDated:June 8, 1990SECRETARY OF LABOR,Complainantv.CROCKER & WEST SHEET METALCo., INC.,RespondentOSHRC Docket No. 89-0819DECISION AND ORDER OF DISMISSALThe respondent, Crocker & West Sheet Metal Co., Inc.,having wholly failed to respond to the Judge’s order of May 19, 1989, which gave it untilJune 3, 1989 to file its answer and never having filed an answer to date, its notice ofcontest is dismissed.The citation alleging a violation of the standard set forth at29 C .F.R. ? 1926.28(a) is affirmed and the proposed penalty of $490 is assessed.IT IS SO ORDERED.DAVID G. ORINGER, JUDGE, OSHRCDated: 1\/22\/90Boston, MassachusettsSECRETARY OF LABOR,United StatesDepartment of Labor,Complainant,v.CROCKER & WEST SHEET METAL CO., INC., Respondent.DOCKET NO. 89-0819REGION IWITHDRAWAL OF CITATION AND COMPLAINTNow comes the Complainant, Secretary of Labor, United States Department of Labor, andhereby withdraws the citation and complaint filed herein. Complainant declines to defendRespondent’s appeal of the default decision entered herein January 22, 1990.Robert P. Davis Solicitor of LaborAlbert H. Ross Regional SolicitorConstance B. Franklin AttorneyUnited States Department of LaborAttorneys for Complainant”