I.T.O. CORPORATION OF NEW ENGLAND; JOHN T. CLARK & SON OF BOSTON, INC.; TERMINAL SERVICES, INC. �

OSHRC Docket Nos. 12239; 12318; 13217; 13149; 14382

Occupational Safety and Health Review Commission

May 10, 1977

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Before BARNAKO; Chairman; CLEARY, Commissioner. �

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Albert Ross, Regional Solicitor

Leo F. Glynn, for the employer

OPINION:

ORDER

BY THE COMMISSION:

A decision of Administrative Law Judge Ben D. Worcester vacating Complainant's citations alleging that Respondents violated 29 U.S.C. 654(a)(2) n1 is before us for review. � Subsequent to Judge Worcester's decision the Respondents filed a motion requesting that their notices of contest to the citations be withdrawn and that these proceedings be terminated. � The motion serves the purposes of the Act and is therefore granted. � I.T.O. Corporation of New England, 75 OSAHRC 13/C12, 3 OSHC 1831, 1975-76 OSHD para. 20,242 (1975), aff'd, 540 F.2d 543 (1st Cir. 1976).

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n1 Section 5(a)(2) of the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq., hereinafter "the Act".

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Accordingly, the judge's decision is set aside, and the citations and penalties proposed therefor are affirmed.

So ORDERED.