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.

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* 29 U.S.C. � � 651 et seq., 84 Stat. 1590.

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The Commission finds that the Judge properly decided the case and adopts his decision. � The Judge's decision is therefore affirmed. �