“Docket No. 12661 WILLIAM BENDER, d\/b\/a WILLIAM BENDER CONSTRUCTION OSHRC Docket No. 12661 Occupational Safety and Health Review Commission July 21, 1977 ?[*1]? Before: BARNAKO, Chairman; and CLEARY, Commissioner.? COUNSEL: Baruch A. Fellner, Office of the Solicitor, USDOL Henry Mahlman, Reg. Sol., USDOL Richard P. Rausch, for the employer OPINION: DECISION BY THE COMMISSION: This case is before the Commission for review by direction of former Commissioner Robert D. Moran.? The respondent filed a petition in which it sought review of the Judge’s conclusion that it was an employer within the meaning of the Occupational Safety and Health Act of 1970 * at the time its worksite was inspected by a representative of the Department of Labor. – – – – – – – – – – – – – – – – – -Footnotes- – – – – – – – – – – – – – – – – – * 29 U.S.C. ?? 651 et seq., 84 Stat. 1590. – – – – – – – – – – – – – – – – -End Footnotes- – – – – – – – – – – – – – – – – The Commission finds that the Judge properly decided the case and adopts his decision.? The Judge’s decision is therefore affirmed.? “