NEW YORK ROOFING COMPANY

OSHRC Docket No. 76-3121

Occupational Safety and Health Review Commission

June 17, 1977

� [*1] �

Before: BARNAKO, Chairman; and CLEARY, Commissioner. �

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Francis V. LaRuffa, Regional Solicitor, USDOL

Robert J. Ansbro, Vice Pres., New York Roofing Company, for the employer

OPINION:

ORDER

BY THE COMMISSION: This case is before the Commission pursuant to an order for review by former Commissioner Moran. � Respondent filed a petition for discretionary review which requested review by the Commission of a citation for violation of 29 C.F.R. � � 1926.28(a) that was affirmed by Judge Jerome C. Ditore. � The petition does not specify how the Judge's decision is in error. � Commission Rule 91a(b) and (c), 29 C.F.R. � � 2200.91a(b) and (c), 41 Fed. Reg. 53016 (1976), requires that such petitions specify the grounds on which review is sought. � Furthermore, although the parties were invited to file briefs in response to the direction for review, they have not done so. � In these circumstances, the Commission will not review the case. � See Crane Co., 76 OSAHRC 37/A2, 4 BNA OSHC 1015, 1975-76 CCH OSHD para. 20,508 (No. 3336, 1976); Abbott-Sommer, Inc., 76 OSAHRC 21/A2, 3 BNA OSHC 2032, 1975-76 CCH OSHD para. 20,428 (No. 9507, 1976). � See � [*2] � also Keystone Roofing Co., Inc. v. OSHRC, 539 F.2d 960, 964 (3d Cir. 1976).

The Judge's decision is accorded the significance of an unreviewed Judge's decision. � Leone Constr. Co., 76 OSAHRC 12/E6, 3 BNA OSHC 1979, 1975-76 CCH OSHD para. 20,387 (No. 4090, 1976).

Accordingly, the Judge's decision is affirmed. �