Eastern States Electrical Contractors, Inc.

Plain-English summary

Eastern States Electrical Contractors asked to withdraw its notice of contest before the scheduled hearing. The company represented that it had abated the violation, would remain in compliance, and was tendering the proposed $100 penalty. The judge granted the withdrawal, cancelled the hearing, and affirmed the citation and penalty. After reviewing the record, the Commission affirmed the judge's order in all respects. The official release does not identify the standard cited.

Decision snapshot

• Cited standard(s): Not identified in the official release
• Outcome: The citation and $100 proposed penalty were affirmed after the employer withdrew its contest.
• Key point: With the contest withdrawn, the citation and proposed penalty remained in effect without a merits hearing.

Full text (OSHRC public release)

Docket No. 1749

EASTERN STATES ELECTRICAL CONTRACTORS, INC.
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OSHRC Docket No. 1749

Occupational Safety and Health Review Commission

September 26, 1974

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[*1]
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Before MORAN, Chairman; VAN NAMEE and CLEARY, Commissioners

OPINIONBY: CLEARY

OPINION:

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CLEARY, COMMISSIONER: On March 22, 1973, Judge Charles K. Chaplin issued his decision and order in this case.
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On March 27, 1973, the decision and order was directed for review pursuant to section 12(j) of the Occupational Safety and Health Act of 1970 (29 U.S.C. �
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651
et seq.
).

The Commission has reviewed the entire record and finds no prejudicial error therein.
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Accordingly, the Judge's decision and order are affirmed in all respects.

[The Judge's decision referred to herein, follows]

CHAPLIN, JUDGE, OSAHRC: This matter was regularly assigned to me for hearing scheduled for March 28, 1973.
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The Respondent by Motion in the form of a letter dated March 19, 1973, seeks to withdraw its Notice of Contest to the Citation and proposed penalty issued November 15, 1972, by the Complainant under the Occupational Safety and Health Act of 1970 (hereinafter the Act).

In support of said Motion Respondent represents that the violation has been abated, that it will continue in compliance with the Act, that payment of the proposed penalty of $100 is being tendered and copies of the letter of March 19, 1973 were
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forwarded to Complainant's attorney, the
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Greenpoint Hospital Project Superintendent and Electrical Employers Self Insurance Safety Plan.
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(Respondent informed the undersigned that the latter is the recognized authority to receive notice of their Motion to Withdraw.)

Accordingly it is ORDERED that:

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The hearing scheduled for March 28, 1973 is cancelled.

2.
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Respondent's Motion to Withdraw its Notice of Contest be, and is hereby granted.

3.
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The Citation and Proposed Penalty of November 15, 1972 are affirmed.
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