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