KARL KOCH ERECTING COMPANY, INC. �

OSHRC Docket No. 78-6032

Occupational Safety and Health Review Commission

January 23, 1980

COUNSEL:

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Baruch A. Fellner, Office of the Solicitor, USDOL

Francis V. LaRuffa, Regional Solicitor, U.S. Department of Labor

Jerome A. Koch, Jr.,Karl Koch Erecting Co., Inc., for the employer

OPINION:

CORRECTIVE ORDER

The Commission regards Respondent's letter dated December 7, 1979, as a motion for relief from Judgment or order pursuant to Federal Rule of Civil Procedure 60(a) and Grants the motion, as the Judge, through apparent oversight, assessed incorrect penalty amounts. � Therefore, the Commission amends Judge Alfieri's order to assess penalty amounts as follows:

Item 2	$150
Item 3(a), (b) and (c)	$150
Item 4	$100

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Item 1 remains at $400. � The total penalty assessed is amended to $800.

Respondent's letter reflects Respondent's erroneous belief that a penalty of $450 was assessed for item 1. � In fact, Judge Alfieri assessed a penalty of $400 for that item (J.D. 11, 13). � The Commission does not view Respondent's letter as requesting that the penalty assessed for item 1 be raised to $450, and does not do so