SECRETARY OF LABOR,
Complainant,

v.

ADAMS STEEL ERECTION, INC.,
Respondent.

OSHRC Docket No. 77-4238

ORDER

On July 20, 1984, the Commission reversed the decision of the administrative law judge and vacated two citation items. 84 OSAHRC ___, 11 BNA OSHC 2073, 1984 CCH OSHD � 26,976. On July 5, 1985, the United States Court of Appeals for the Third Circuit granted the Secretary of Labor's petition for review and directed the Commission to reinstate the judge's decision. Donovan v. Adams Steel Erection, Inc., 766 F.2d 804 (3d Cir. 1985). Accordingly, the judge's decision affirming citation 1, item 1 (alleging a serious violation of 29 C.F.R. � 1926.105(a)) and assessing a penalty of $50, and affirming citation 2, item 1 (alleging a nonserious violation of 29 C.F.R. � 1926.100(a)), is affirmed.

FOR THE COMMISSION

Ray H. Darling, Jr.
Executive Secretary

DATED: October 23, 1985