SECRETARY OF LABOR,
Complainant,

v.

EMERSON ELECTRIC COMPANY, EMERSON
ELECTRIC MOTOR DIVISION,
Respondent.

OSHRC Docket No. 78- 0275

ORDER OF REMAND

The Commission's decision of April 27, 1983, amended serious citation item 1 to allege a violation of 29 C.F.R. sec. 1910.179(n)(3)(vi) and conditionally affirmed that item and assessed a $300 penalty. The decision gave respondent the opportunity to request that the order respecting this item be set aside and to present argument on defenses to the amended charge.

Respondent has filed a "Request for Hearing" which we interpret as a motion to set aside the order conditionally affirming the amended charge. Accordingly, the order affirming serious citation item 1 as amended and assessing a $300 penalty is set aside and this case is remanded to the Chief Administrative Law Judge to permit respondent the opportunity to present argument on defenses to the amended charge.[[1]]

FOR THE COMMISSION

Ray H.Darling, Jr.
Executive Secretary

DATED: JUN 2 1983

The Administrative Law Judge decision in this matter is unavailable in this format. To obtain a copy of this document, please request one from our Public Information Office by e-mail ( lwhitsett@oshrc.gov ) , telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386)

FOOTNOTES:

[[1]] Administrative Law Judge Patton initially decided this case and is no longer with the Commission.