United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

1120 20th Street, N.W., Ninth Floor

Washington, DC 20036-3457

 

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NEW RIVER ELECTRICAL CORPORATION,
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v.
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Respondent.
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Complainant,
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SECRETARY OF LABOR,

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OSHRC Docket No. 18-0523

REMAND ORDER

Before: ATTWOOD, Chairman and LAIHOW, Commissioner.

BY THE COMMISSION:

This case is before the Commission on remand from the United States Court of Appeals for the Fourth Circuit. New River Elec. Corp. v. OSHRC, 25 F.4th 213 (4th Cir. 2022). Administrative Law Judge Christopher D. Helms affirmed a citation issued by the Occupational Safety and Health Administration to Respondent. New River Elec. Corp., No. 18-0523, 2020 WL 6255455 (O.S.H.R.C.A.L.J., Sept. 11, 2020). The judge’s decision became a final order of the Commission. On appeal, the Fourth Circuit reversed the judge’s decision. 25 F.4th at 226. By mandate filed March 28, 2022, the court has remanded this case to the Commission. We, in turn, remand this case to the judge for further proceedings consistent with the court’s opinion.

SO ORDERED.

 

/s/          

              Cynthia L. Attwood

              Chairman

           

/s/          

Amanda Wood Laihow

Dated:  April 6, 2022          Commissioner

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