ARTHUR G. McKEE & COMPANY

OSHRC Docket No. 77

Occupational Safety and Health Review Commission

February 15, 1972

  [*1]  

Before MORAN, Chairman; VAN NAMEE and BURCH, Commissioners

OPINION:

  By THE COMMISSION: The Commission affirms the Hearing Examiner's recommended decision and order in this case.

DISSENTBY: VAN NAMEE

DISSENT:

    My opinion as expressed in No. 75 is applicable here.

[The Judge's decision referred to herein follows]

KENNEDY, JUDGE, OSAHRC: This case is properly before this Hearing Examiner upon assignment for hearing by the Occupational Safety and Health Review Commission.

Upon motion by respondent to withdraw its notice of contest and representation that the violation contained in the Citation for Serious Violation, Citation Number 1, issued by the U.S. Department of Labor, Occupational Safety and Health Administration, has been fully abated and the proposed penalty of $700 paid; that the violation has been fully abated, with an affirmation of continuing compliance; with the consent of affected employees and Secretary of Labor (whose representatives have been served with said motion); the Hearing Examiner finds that the motion of respondent should be granted and [*2]   so orders.

There being no further contest in this case, it is respectfully recommended that this order be made the order of the Commission.