Crone Lumber Co.

Plain-English summary

Crone Lumber filed its answer to the Secretary's complaint late. The judge found no mitigating circumstances, struck the answer, and affirmed the complaint, citation, and proposed penalties. After review was directed, the company's counsel advised that it had sent the $50 penalty payment and would accept closure of the case. The Commission therefore affirmed the judge's order in all respects. The short release does not identify the underlying cited standards.

Decision snapshot

• Cited standard(s): None identified in the release.
• Outcome: The citation and $50 penalty were affirmed after the employer accepted the ruling striking its late answer.
• Key point: An untimely answer was struck when the employer showed no mitigating circumstances, and the employer then accepted the resulting order.

Full text (OSHRC public release)

Docket No. 2616

CRONE LUMBER COMPANY

OSHRC Docket No. 2616

Occupational Safety and Health Review Commission

January 23, 1974

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Before MORAN, Chairman; VAN NAMEE and CLEARY, Commissioners

OPINIONBY: MORAN

OPINION:

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MORAN, CHAIRMAN: A decision of Review Commission Judge Herbert E. Bates dated June 13, 1973, is before this Commission for review pursuant to section 12(j) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651
et seq.,
84 Stat. 1590, hereinafter referred to as the Act).

That decision struck respondent's answer for untimely filing and affirmed the citation and proposed penalties of complainant.

After being notified that the Judge's decision had been directed to be reviewed, respondent's counsel advised as follows:

We have sent the $50 penalty payment . . . and we will agree to the case being closed.
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We appreciate the review granted of the decision of the judge, however, we will abide by it.

The Judge's order is therefore affirmed in all respects.

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

BATES, JUDGE, OSAHRC: It appearing to the undersigned that no mitigating factors exist in the captioned cause to excuse the Respondent's untimely Answer to the Complaint herein [such as were present in
Secretary of Lalbor
v.
A. Stuart Volling, Inc.,
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Secretary of Labor
v.
Cobia Boats, Inc.,
OSHRC No. 1795 (2-27-73)] the
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Complainant's Motion to Strike the said Answer is hereby granted, the said Answer is ordered striken, and the Complaint and attendant Notification of Proposed Penalty affirmed in all respects.
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