UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,
Complainant,
v.	OSHRC DOCKET NO. 78-2081
CONTINENTAL GRAIN COMPANY,
Respondent.

December 18, 1978

DIRECTION FOR REVIEW AND ORDER

BY THE COMMISSION:

Administrative Law Judge Irving Sommer’s order of November 16, 1978, approving a settlement agreement filed by the parties, is hereby directed for review. Judge Sommer had approved a settlement agreement received by the Commission on August 28, 1978, in which the Secretary moved to amend the citation and penalty proposed, and Respondent agreed to comply with the requirements of the Occupational Safety and Health Act of 1970 (29 U.S.C. §§ 651–78). Thereafter, on November 20, 1978, subsequent to the issuance of Judge Sommer’s order, the parties filed a supplement to this agreement by which Respondent in addition moved to withdraw its notice of contest and certified service of the agreement in accordance with the Commission’s Rules of Procedure. Accordingly, we hereby correct Judge Sommer’s order to approve the Supplemental as well as the original settlement agreement. The motions contained therein are granted, the citation and notification of proposed penalty are amended accordingly, and as amended are affirmed.

So ORDERED.

FOR THE COMMISSION:

RAY H. DARLING, JR.

EXECUTIVE SECRETARY

Date: DEC 18, 1978