MIDWEST STEEL FABRICATORS, INC. �

OSHRC Docket No. 8799-P

Occupational Safety and Health Review Commission

October 31, 1977

� [*1] �

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

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

William S. Kloepfer, Associate Regional Solicitor

Emil L. Toriello, Midwest Steel Fabricators, Inc., for the employer

OPINION:

DECISION

BY THE COMMISSION: A decision of Review Commission Judge Louis G. LaVecchia, dated May 3, 1976, is before this Commission for review pursuant to 29 U.S.C. � � 661(i). � That decision denied the petition for modification of the abatement dates fixed for violations of the standards codified at 29 C.F.R. � � � 1910.94(c)(2) and 1910.107(c)(6).

On review, the petitioner takes exception to the Judge's conclusions of law that:

(1) It continued to be in violation of the two standards;

(2) It had failed to prove that it had made a good faith effort to abate the violative conditions;

(3) It had failed to prove that the required abatement had not been completed because of factors beyond its reasonable control; and

(4) An extension of the time to abate was not warranted.

These exceptions concern the manner in which the Judge weighed the evidence. � The Commission accepts the Judge's evaluation of the evidence and rejects the petitioner's contentions.

Having examined [*2] � the record in its entirety, the Commission finds that the Judge properly decided the case and adopts his decision. � Accordingly, the Judge's decision is hereby affirmed. �