ESS-BEE Knitwear Company, Inc.

Plain-English summary

OSHA notified ESS-BEE Knitwear that it had failed to correct cited violations and proposed $630 in additional penalties. The company filed a timely contest, then asked to withdraw it. ESS-BEE represented that the violations had been abated, tendered the proposed penalty, promised continuing compliance, and certified required service. No party objected. The Commission approved the withdrawal and amended the judge's order to expressly affirm the failure-to-correct notification and additional penalties.

Decision snapshot

• Cited standard(s): No specific OSHA standard number is identified in the decision.
• Outcome: The failure-to-correct notification and $630 in additional proposed penalties were affirmed.
• Key point: Withdrawal of the contest left the abatement-failure determination and additional penalties in force.

Full text (OSHRC public release)

Docket No. 973

ESS-BEE KNITWEAR COMPANY, INC.
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OSHRC Docket No. 973

Occupational Safety and Health Review Commission

November 27, 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 25, 1972, Judge Leon J. Moran issued an "order granting motion to withdraw notice of contest" in this case granting the respondent's motion.

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 on April 26, 1972, respondent was issued a notification of failure to correct violations and proposed additional penalties of $630.
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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 notification [*2]
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of failure to correct violations and proposed additional penalties are affirmed.

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[The Judge's decision referred to herein follows]

MORAN, JUDGE, OSAHRC: This case was assigned to the Judge by the Occupational Safety and Health Review Commission for hearing.

The Respondent has requested permission to withdraw its notice of contest.
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The Respondent has made representations that the alleged violations have been abated; there has been tender made of $630.00 for the proposed penalty to the Secretary of Labor; there will be continuing compliance with the applicable provisions of the Occupational Safety and Health Act of 1970; and that the service requirements of the Commission's Rules as to the notice of contest and this motion has been complied with.
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There having been not objections filed by any party to this motion and since granting of said motion would not be inconsistent with the provisions and purposes of the Act, it is determined that the respondent's motion to withdraw notice of contest should be granted.

It is therefore ORDERED that the Respondent's motion to withdraw its notice of contest is granted.
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There being nothing further pending, this proceeding is dismissed.
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