“Docket No. 78-0275 SECRETARY OF LABOR,Complainant, v.EMERSON ELECTRIC COMPANY, EMERSON ELECTRIC MOTOR DIVISION,Respondent.OSHRC Docket No. 78- 0275ORDER OF REMANDThe Commission’s decision of April 27, 1983, amended serious citation item 1 to allege aviolation of 29 C.F.R. sec. 1910.179(n)(3)(vi) and conditionally affirmed that item andassessed a $300 penalty. The decision gave respondent the opportunity to request that theorder respecting this item be set aside and to present argument on defenses to the amendedcharge.Respondent has filed a \”Request for Hearing\” which we interpret as a motion toset aside the order conditionally affirming the amended charge. Accordingly, the orderaffirming serious citation item 1 as amended and assessing a $300 penalty is set aside andthis case is remanded to the Chief Administrative Law Judge to permit respondent theopportunity to present argument on defenses to the amended charge.[[1]]FOR THE COMMISSIONRay H.Darling, Jr. Executive SecretaryDATED: JUN 2 1983\u00a0The Administrative Law Judge decision in this matter is unavailable in this format. Toobtain a copy of this document, please request one from our Public Information Office bye-mail ( [email protected] ) , telephone(202-606-5398), fax (202-606-5050), or TTY (202-606-5386)FOOTNOTES: [[1]] Administrative Law Judge Patton initially decided this case and is no longer withthe Commission.”