FATTORE CONSTRUCTION COMPANY

OSHRC Docket No. 15123

Occupational Safety and Health Review Commission

February 28, 1978

� [*1] �

Before CLEARY, Chairman; and BARNAKO, Commissioner.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

Kenneth Hellman, U.S. Department of Labor

Robert W. Berry, for the employer

OPINION:

DECISION

BY THE COMMISSION:

A decision of Administrative Law Judge Joseph Chodes is before the Commission pursuant to section 12(j) of the Occupational Safety and Health Act of 1970; 29 U.S.C. � � 651 et seq. [hereinafter "the Act"]. � In that decision, Judge Chodes affirmed five citations for various serious violations of the Act and six of seven items of a citation for various nonserious violations. � Total penalties of $1680 were assessed.

On review, respondent takes numerous exceptions to the Judge's procedural handling of the case. � Exceptions are also taken to many of the Judge's factual determinations.

We have carefully reviewed the entire record and conclude that there is no merit to any of respondent's exceptions. � There is no prejudicial error in the Judge's procedural rulings, and his findings of fact and conclusions of law are fully supported by the record. � Indeed, we commend Judge Chodes for his handling of the case.

Accordingly, it is ORDERED [*2] � that the Judge's decision is AFFIRMED. �