California Blowpipe and Steel Co., Inc.

Plain-English summary

California Blowpipe sought to withdraw its notice of contest and tendered the full $500 penalty after immediately abating the alleged violation. Its first motion made payment conditional on ending the litigation and disclaimed any responsibility or liability. The Secretary objected to that language, and the company withdrew the first motion and filed a second motion without the disclaimer. The Commission approved the revised withdrawal, amended the judge's order to reflect the two motions, and affirmed the citation and proposed penalty as the Commission's final order. The release does not identify the cited safety standard.

Decision snapshot

• Cited standard(s): Not identified in the release
• Outcome: The Commission approved the revised withdrawal and affirmed the citation and $500 penalty.
• Key point: The Commission accepted the withdrawal after the employer removed exculpatory language from its settlement request.

Full text (OSHRC public release)

Docket No. 1034

CALIFORNIA BLOWPIPE AND STEEL CO., INC.
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OSHRC Docket No. 1034

Occupational Safety and Health Review Commission

January 16, 1973

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Before MORAN, Chairman; VAN NAMEE and BURCH, Commissioners.
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OPINIONBY: VAN NAMEE

OPINION:

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VAN NAMEE, COMMISSIONER: On December 20, 1972, Judge William J. Risteau issued an Order granting Respondent's motion to withdraw its notice of contest and affirming Complainant's citation and proposed penalty in the above-captioned matter.

Pursuant to the authority vested in the members of the Commission by Section 12(j) of the Occupational Safety and Health Act of 1970, (29 U.S.C.A. 651
et seq.,
84 Stat. 1590), I am herewith directing that the Judge's Order be reviewed by the Commission.

We have reviewed the record and note that on October 18, 1972, Respondent filed a motion to withdraw its notice of contest. This motion in pertinent part provides as follows:

1.
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Respondent has lodged with this motion a check in the amount of $500 which is intended to be payment in full of the penalty assessed against it in this case.
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Payment of such amount is made without any admission of responsibility or liability and is conditional on termination of all litigation herein.

2.
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Although Respondent disclaims any responsibility or liability herein, it desires to effect settlement.

A statement in opposition
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to the aforesaid motion was filed by the Complainant on October 27, 1972.
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Complainant specifically objected to the exculpatory
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language contained in Respondent's motion on the basis that it was neither in the interest of justice nor consonant with the purposes of the Act.

Subsequently, Respondent filed a request for permission to withdraw the aforementioned motion and simultaneously submitted a second motion to withdraw. This second motion to withdraw did not contain the exculpatory language set forth above.
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Further, it fully comports with the criteria deemed essential for it to receive hospitable consideration by the Commission.

Complainant now states that it has no objection to Respondent withdrawing its first motion and further represents that it concurs only in Respondent's second and last motion to withdraw its notice of contest.

Accordingly, Judge Risteau's Order is amended to reflect that Respondent is granted leave to withdraw its first motion and that Respondent's second and last motion to withdraw is granted.

It is therefore ORDERED that the Judge's Order, as amended, be and the same is hereby affirmed as the Final Order of the Commission.

[The Judge's decision referred to herein follows]

RISTEAU, JUDGE, OSAHRC: This case has been assigned to the undersigned by the Occupational Safety and Health Review Commission for hearing.

Respondent has moved to withdraw its Notice of Intent to Contest.
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It now appears from statements of counsel and other evidence in the record that Respondent has tendered $500, the amount of penalty assessed; that appropriate notice and service requirements have
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been complied with; and that the alleged violation was abated immediately as required in the Citation.

It Is Therefore Ordered that Respondent's Motion to Withdraw Notice of Intent to Contest be granted; the Secretary's Citation and proposed penalties are affirmed.
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