Stylhomes, Inc.

Plain-English summary

OSHA cited Stylhomes for seven other-than-serious violations and proposed penalties totaling $104. The company contested the case, then moved to withdraw its notice of contest. Stylhomes certified that it had corrected the cited conditions, would maintain abatement and continuing compliance, had paid the proposed penalty, and had served its motion on all parties. Neither the Secretary nor any employee representative objected. The Commission approved the withdrawal and expressly affirmed the citation and proposed penalty.

Decision snapshot

• Cited standard(s): No specific OSHA standard number is identified in the decision.
• Outcome: All seven citation items and the $104 proposed penalty were affirmed after withdrawal.
• Key point: The uncontested withdrawal was accepted after correction, abatement, payment, and service were documented.

Full text (OSHRC public release)

Docket No. 322

STYLHOMES, INC.
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OSHRC Docket No. 322

Occupational Safety and Health Review Commission

November 16, 1972

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

OPINIONBY: BURCH

OPINION:

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BURCH, COMMISSIONER: On October 16, 1972, Judge Paul E. Dixon issued an order in this case granting respondent's motion to withdraw notice of contest.

Pursuant to section 12(j) of the Occupational Safety and Health Act of 1970 (29 U.S.C.A. 651,
et seq.,
84 Stat. 1590, hereinafter referred to as "the Act"), I am hereby directing that the Judge's decision be reviewed by the Commission.

The Commission has reviewed the record in this case noting that on November 30, 1971, respondent was issued a citation for seven other than serious violations of the Act together with a proposed penalty totaling $104.
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A timely notice of contest was filed and issue was joined with exchange of the Secretary's complaint and respondent's answer.

The respondent thereafter submitted a motion to withdraw notice of contest wherein respondent certified compliance with those conditions precedent essential to hospitable consideration by the Commission of such motions.

Accordingly, it is ORDERED that the Judge's order is amended to provide that respondent's motion to withdraw notice of contest is granted and the Secretary's citation [*2]
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and notification of proposed penalty are affirmed.

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[The Judge's decision referred to herein follows]

DIXON, JUDGE, OSAHRC: This case is properly before the Judge upon assignment for hearing by the Occupational Safety and Health Review Commission.

By Motion of Respondent of September 27, 1972, Respondent makes motion to withdraw its Notice of Contest of violations contained in Citations issued November 30, 1971, by the U.S. Department of Labor, Occupational Safety and Health Administration.

Penalties were proposed in the total amount of $104.00.

Respondent certifies by attachment to its motion that the conditions alleged to have been in violation of the Act have been and will remain abated, along with abatement dates.

Respondent certifies that it will maintain in continuing compliance and has tendered the proposed penalty of $104.00 to the Occupational Safety and Health Administration area office and has made service of its motion to withdraw upon all parties.

No objections having been received from any authorized representatives of employees and the Secretary of Labor, through its authorized representatives having filed no objection to an entry allowing withdrawal [*3]
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of Notice of Contest based upon the foregoing stipulations and averments and upon showing by Respondent of its correction, abatement and continuing compliance, the motion of the Respondent should be sustained and it is so ordered.
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