“Docket No. 82-0569 SECRETARY OF LABOR,Complainant,v.WACHSBERGER ROOFING AND SHEET METAL WORKS, INC.,Respondent.OSHRC Docket No. 82-0569ORDERThe Commission treats the Secretary’s withdrawal as a motion to withdraw thecitation and notification of proposed penalty and grants the Secretary’s motion.[[1\/]]FOR THE COMMISSIONRay H. Darling, Jr. Executive SecretaryDated:\u00a0 MAY 25 1984 RAYMOND J. DONOVAN, SECRETARY OF LABOR,Complainant, v.WACHSBERGER ROOFING & SHEET METALWORKS, INC.,Respondent.OSHRC DOCKET No. 82-0569SECRETARY’S WITHDRAWAL OF CITATION AND NOTIFICATION OF PROPOSED PENALTYThe instant case concerns a citation alleging that respondent violated thepersonal protective equipment standard at 29 CFR 1926.28(a) by not requiring the use ofsafety belts during work on a flat roof.\u00a0 On April 19, 1984 the Commission issued asupplemental briefing order requesting the parties to comment on whether citation to 29CFR 1926.28(a) is improper because 29 CFR 1926.500(g), dealing with fall protection onflat roofs during built-up roofing work, is a more specifically applicable standard withinthe meaning of section 1910.5(c)(1).\u00a0 Respondent had not raised this issuepreviously.\u00a0 Although there are factual questions as to whether the work in this casewas built-up roofing work within the meaning of 29 CFR 1926.502(p)(3), the Secretary hasdetermined that the instant case is an inappropriate vehicle for litigating the issue ofthe definition of built-up roofing work. Therefore, the Secretary hereby withdraws thecitation and notification of proposed penalty in the above-captioned case.Respectfully submitted, FRANCIS X. LILLY Solicitor of Labor FRANK A. WHITEAssociate Solicitor for OccupationalSafety and HealthDANIEL J. MICKCounsel for Regional Trial LitigationMARK J. LERNERAttorneyThe Administrative Law Judge decision in this matter is unavailable in thisformat.\u00a0 To obtain a copy of this document, please request one from our PublicInformation Office by e-mail ( [email protected]), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).FOOTNOTES:[[1\/]] Commissioner Cleary dissents to this order because of lack ofcertification of service on affected employees.”