Auto Bolt & Nut Co.

Plain-English summary

Auto Bolt requested six additional months to complete and evaluate abatement of an occupational-noise violation. The Secretary withdrew his objection, and the judge extended the deadline to February 8, 1979. The record did not show that affected employees had received the required posted notice of the request. The Commission ordered Auto Bolt to post both the petition and its order for ten days so employees could object and request a hearing. The extension would remain affirmed unless an employee or representative filed a timely objection.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1910.95(b)(1); 29 C.F.R. § 1910.95(b)(3)
• Outcome: The abatement extension to February 8, 1979 was conditionally affirmed, subject to proper posting and a ten-day employee objection period.
• Key point: Employees must receive the required notice and opportunity to be heard before an employer's petition to extend an abatement deadline becomes final.

Full text (OSHRC public release)

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EN-US
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UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

AUTO
BOLT & NUT CO.,

��������������������������������������������
Complainant,

������������������������ v.

OSHRC
DOCKET NO. 78�4409�P

SECRETARY
OF LABOR,

���������������������������������������������
Respondent.

March 6, 1979

ORDER

Before: CLEARY, Chairman; BARNAKO and COTTINE,
Commissioners.

COTTINE, Commissioner:

����������� On
August 8, 1978, Petitioner, Auto Bolt & Nut Co. (Auto Bolt), filed a
petition for modification of abatement date (PMA) requesting a six month
extension until February 8, 1979, for final abatement of a violation of the
occupational noise standard published at 29 C.F.R. � 1910.95(b)(1). [1] The Secretary of Labor
initially opposed Auto Bolt�s requested extension but subsequently filed a
withdrawal of his objections to the petition.

����������� In an
order dated October 30, 1978, Administrative Law Judge John S. Patton approved the
Secretary�s withdrawal and granted Auto Bolt�s PMA. On November 29, 1978, the
order of Judge Patton was directed for review under 29 U.S.C. � 661(i) and
Commission Rule 91a(a), 29 C.F.R � 2200.91a(a).

����������� The
record in this case does not disclose whether Auto Bolt�s employees were
notified of the petition. Commission Rule 34(c)(1), 29 C.F.R. � 2200.34(c)(1),
sets forth specific requirements for notifying employees that a PMA has been
filed by an employer. A copy of the petition must �be posted in a conspicuous
place where all affected employees will have notice thereof or near each
location where the violation occurred.� The rule also requires that the
petition remain posted for a period of ten days. Absent this notice, affected
employees may be deprived of their right to oppose an employee�s request for an
extension of the abatement date or to otherwise participate in proceedings
initiated by an employer�s PMA. Brockway Glass Company , 78 OSAHRC 93/D5,
6 BNA OSHC 2089, 1978 CCH OSHD �23,143 (No. 77�3817�P, 1978 ) ; Aspro,
Inc., Spun Steel Division , 78 OSAHRC 78/C8, 6 BNA OSHC 1980, 1978 CCH OSHD
�23, 032 (No. 78�1381, 1978).

����������� In
order to allow affected employees the opportunity to be heard, Auto Bolt�s PMA
and this order shall be posted by Auto Bolt in the manner prescribed by
Commission Rule 34(c)(1) for the initial posting of petitions. The October 30,
1978 order of Judge Patton approving the Secretary�s withdrawal of objections
and granting Auto Bolt�s petition for modification of abatement date is
affirmed unless, within 10 days from the posting of this order, affected
employees or their authorized employee representatives indicate an objection to
the PMA and request that their objections be heard by the judge. [2]

�

IT IS SO ORDERED.

�

FOR THE COMMISSION:

�

RAY H. DARLING, JR.

EXECUTIVE SECRETARY

DATED: MAR 06, 1979

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

AUTO
BOLT & NUT CO.,

��������������������������������������������
Complainant,

������������������������ v.

OSHRC
DOCKET NO. 78�4409�P

SECRETARY
OF LABOR,

���������������������������������������������
Respondent.

October 30, 1978

ORDER APPROVING REQUEST OF WITHDRAWAL OF
OBJECTIONS AND EXTENDING ABATEMENT DATE

����������� This
case is before the Occupational Safety and Health Review Commission on the
petition of Auto Bolt & Nut Company for a six-month extension of the date
for abatement of the violation of standard 29 C.F.R. 1910.95(b)(1) and (3). The
date for abatement at the time said petition was filed was August 8, 1978.

����������� The
respondent, Secretary of Labor, opposed said extension.

����������� On
October 26, 1978, respondent filed a withdrawal of his objections to the
petition of petitioner.

����������� It is
therefore ORDERED that:

����������� The
withdrawal by respondent of objections to the petition of petitioner is
approved.

����������� The
petition of petitioner is granted, and the date for abatement of the violation
of standard 29 C.F.R. 1910.95(b)(1) and (3) is extended to February 8, 1979.

�

Dated this 30th day of October 1978.

�

JOHN S. PATTON Judge

[1] In its petition,
Auto Bolt represents that abatement of the noise violation is essentially
complete but requests additional time to evaluate the noise attenuation
achieved and to make any modifications that may be needed.

[2] See Brockway
Glass Company, Inc ., supra.