R & J Crane Service, Inc.

Plain-English summary

R & J Crane Service withdrew its notice contesting a serious citation, and the administrative law judge affirmed an $875 proposed penalty. The company later requested relief, asserting that an OSHA attorney had said the citation was being withdrawn after the company withdrew its contest. The Commission found the record insufficient to decide whether relief was warranted. It remanded the case to the judge for further proceedings.

Decision snapshot

• Cited standard(s): Not identified in the decision
• Outcome: Case remanded for further proceedings on the company's request for relief from the $875 penalty
• Key point: The Commission required additional fact-finding because the existing record did not resolve the company's assertion that OSHA had withdrawn the citation.

Full text (OSHRC public release)

SECRETARY OF LABOR,

                         Comp lainant,

             v.                                       OSHRC D ocket No. 01-0428

R & J CRA NE S ERV ICE, IN C.,

                         Respon dent.




                       DECISION AND REMAND ORDER

Before: RO GERS , Chairman; EISE NBRE Y, Comm issioner.
BY THE COMMISSION:
On review before the Commission is an Order Granting Motion to Withdraw
Notice of Contest issued by Administrative Law Judge Nancy J. Spies on April 17, 2001.
Judge Sp ies issued the Order af ter receiving a letter in wh ich Respo ndent stated that it
was with drawing its Notice of Contest, an d she affirm ed Com plainant’s pro posed pe nalty
of $875.00.
Respon dent now requests “re lief/reimburs ement” o f the pena lty that it apparently
paid, based on its assertion that an attorney representing the Occupational Safety and
Health Administration (OSHA) notified it on April 18, 2001 that OSHA was withdrawing
the citation. Respondent alleges that in response to its request for reimbursement of the
previously paid penalty, an OSHA official advised it to submit the request in writing.

   We con clude that the evidence in the record is insufficien t for the Co mmission to

determine whether any relief may be warranted . Accordin gly, we rema nd this case to
 2

Judge Spies for further proceedings.

                                       /s/
                                       Thomasina V . Rogers
                                       Chairman




                                       /s/
                                       Ross Eisenbrey
                                       Commissioner

Date: June 19, 2001
 UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

Secretary of Labor,

              Complainant,
     v                                                          OSHRC Docket Number. 01-0428

R & J Crane Service, Inc.,

              Respondent.

                                Order Granting Motion to Withdraw Notice of Contest

     Respondent, by letter dated March 1, 2001, contested a serious citation issued to it on February 2, 2001.

On August 7, 2000, a notice to withdraw its notice of contest was received from the respondent. The notice to
withdraw having been considered, it is ORDERED

I. The notice of withdrawal of the contest, which is considered a motion to withdraw, is granted;

2. The citation and proposed penalty issued to respondent on February 2, 2001, are hereby affirmed and a penalty in
   the amount of $875.00 is assessed; and

3. The prehearing telephone conference previously scheduled for May 10, 2001, and the hearing previously
   scheduled for May 25, 2001, are canceled.

SO ORDERED.

Date Judge Nancy J. S pies
100 Alabama Street, S.W. Room 2R90
Atlanta, GA 30303-3104

                                                                            Phone (404) 562-1640   Fax (404) 562-1650

This notice has been sent to:

For the Secretary of Labor For the Employer:
Office of the Solicitor, U.S. DOL R&J Crane Service, Inc.
ATTN: Curtis L. Gaye, Esq. Jamie Wiebelt, Secretary Treasurer
Atlanta Federal Center P O. Box 1806
61 Forsyth St., Rm. 7T10 Vero Beach. FL 32961
Atlanta, GA 30303