Healy-Kruse Company

Plain-English summary

OSHA issued Healy-Kruse two citations containing two serious items and five non-serious items, with proposed penalties totaling $1,010. After the company contested them, the Secretary moved to withdraw both citations because he lacked the evidence needed to prove the alleged violations. The Commission sought confirmation that the motion covered the entire case and that affected employees received notice. After receiving confirmation of posting and service, it granted withdrawal of both citations and the full proposed penalty. The official release does not identify the standards involved.

Decision snapshot

• Cited standard(s): None identified in the official release.
• Outcome: Both citations and all $1,010 in proposed penalties were withdrawn.
• Key point: The Commission approved full withdrawal after the Secretary clarified its scope and the record showed notice to affected employees.

Full text (OSHRC public release)

Docket No. 3500

HEALY-KRUSE COMPANY

OSHRC Docket No. 3500

Occupational Safety and Health Review Commission

November 9, 1973

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Before MORAN, Chairman; VAN NAMEE and CLEARY, Commissioners

OPINIONBY: CLEARY

OPINION:

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CLEARY, COMMISSIONER: On August 15, 1973, Judge Herbert E. Bates issued his recommended order in this case granting the Secretary's motion to withdraw his citation and attendant notification of proposed penalty.

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 directed that the Judge's order be reviewed by the Commission.

The record shows that on June 13, 1973, the Secretary issued to respondent two citations.
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The citation for serious violation contains two items and the citation for non-serious violation contains five items.
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Penalties of $1,010 were proposed.
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Subsequent to the filing of a timely notice of contest by respondent, the Secretary moved to withdraw the citation and notification of proposed penalties on the basis that he lacked evidence necessary to prove the alleged violations.

The direction for review was concerned with whether the Secretary was moving to withdraw one or both citations and notification of all penalties or only part of them.
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The Commission was also concerned
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that the record failed to show posting or service of the motion on affected employees or their authorized representative.

On September 25, 1973, a letter from respondent's counsel was received by the Commission, stating that the motion to withdraw had been posted for no less than three days.

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On October 16, 1973, the Commission received from the Secretary a motion to withdraw "both the Serious and Non-serious Citations . . . and the Notification of Proposed Penalty in its entirety." Attached to this motion is a certification of service on respondent's counsel and on the International Union of Operating Engineers.

On the representations of the parties, it is ORDERED that the motion of the Secretary to withdraw the citations for both serious and nonserious violations and the notification of proposed penalty is granted.
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CONCURBY: MORAN

CONCUR:

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MORAN, CHAIRMAN, concurring: I concur with the disposition.
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Theruling of Judge Bates was correct.

[The Judge's decision referred to herein follows]

BATES, JUDGE, OSAHRC: The Complainant's Motion to Withdraw the Citation and the Notification of Proposed Penalties attendant thereto, on the grounds therein alleged, is granted.

It is ORDERED that the said Citation and Notification be, and are withdrawn.

No further contest existing in the captioned case, it is recommended that this Order be made the Order of the Commission.
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