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Ezel / Agency Decisions / 89-0819-commission
OSHRC Commission decision Docket 89-0819 Decided June 8, 1990 Citations vacated

Crocker & West Sheet Metal Co., Inc.

Citation withdrawn after default ruling

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Currency note: this decision dates from 1990
The OSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Decision of the Commission
This is a decision of the Occupational Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance; check subsequent history before relying on it. The full text below is from the official OSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official OSHRC release. The full text is the Commission's own document.
Read the official release (oshrc.gov)

Plain-English summary

Crocker & West Sheet Metal failed to answer an ALJ's order in its OSHA contest. The ALJ dismissed the notice of contest by default, affirmed a citation under the personal protective equipment standard, and assessed a $490 penalty. After the case was directed for Commission review, the Secretary withdrew the citation and complaint and declined to defend the default decision. The Commission granted the withdrawal and set aside the ALJ's order. The citation and $490 penalty therefore did not remain in effect.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 1926.28(a)
  • Outcome: Citation withdrawn and ALJ default order set aside, eliminating the $490 penalty.
  • Key point: The Commission ended the case after the Secretary chose not to defend the citation on review.

Full text (OSHRC public release)

Docket No. 89-0819

SECRETARY OF LABOR,

Complainant,

v.

CROCKER & WEST SHEET METAL

CO., INC.,

Respondent.

OSHRC Docket No. 89-0819

ORDER

This case was directed for review before the Occupational
Safety and Health Review Commission ("Commission") by Chairman Edwin G. Foulke,
Jr. on March 19, 1990 from a decision by Administrative Law Judge David G. Oringer dated
January 22, 1990. Thereafter, the Secretary of Labor ("Secretary") filed a
Withdrawal of Citation and Complaint with the Commission pursuant to Commission Rule 102,
29 C.F.R. � 2200.102.

Having reviewed the official record in this case, the
Commission construes the Secretary's Notice of Withdrawal of Citation and Complaint as a
Motion to Withdraw Citation and Complaint and grants the motion. In addition, the
Commission sets aside Judge Oringer's order which dismissed the notice of contest and
affirmed the citation.

Edwin G. Foulke, Jr.

Chairman

Velma Montoya

Commissioner

Donald G. Wiseman

Commissioner

Dated: June 8, 1990

SECRETARY OF LABOR,

Complainant

v.

CROCKER & WEST SHEET METAL

Co., INC.,

Respondent

OSHRC Docket No. 89-0819

DECISION AND ORDER OF DISMISSAL

The respondent, Crocker & West Sheet Metal Co., Inc.,
having wholly failed to respond to the Judge's order of May 19, 1989, which gave it until
June 3, 1989 to file its answer and never having filed an answer to date, its notice of
contest is dismissed.

The citation alleging a violation of the standard set forth at
29 C .F.R. � 1926.28(a) is affirmed and the proposed penalty of $490 is assessed.

IT IS SO ORDERED.

DAVID G. ORINGER, JUDGE, OSHRC

Dated: 1/22/90

Boston, Massachusetts

SECRETARY OF LABOR,United States

Department of Labor,

Complainant,

v.

CROCKER & WEST SHEET METAL CO., INC.,

Respondent.

DOCKET NO. 89-0819

REGION I

WITHDRAWAL OF CITATION AND COMPLAINT

Now comes the Complainant, Secretary of Labor, United States Department of Labor, and
hereby withdraws the citation and complaint filed herein. Complainant declines to defend
Respondent's appeal of the default decision entered herein January 22, 1990.

Robert P. Davis

Solicitor of Labor

Albert H. Ross

Regional Solicitor

Constance B. Franklin

Attorney

United States Department of Labor

Attorneys for Complainant

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