Pennsylvania American Water

Plain-English summary

The Secretary withdrew a citation against Pennsylvania American Water and told the ALJ that the employer had agreed to take specified actions. After the ALJ entered an order reflecting that notice, the employer petitioned for review and said it had not agreed to those actions. The parties jointly requested a remand so they could reach agreement on what the employer would do upon withdrawal. The Commission set aside the ALJ's order and remanded the case.

Decision snapshot

• Cited standard(s): None specified in this remand order.
• Outcome: The withdrawal order was set aside and the case was remanded to the ALJ.
• Key point: A withdrawal order cannot rest on disputed settlement terms; the case must return to the judge so the parties can establish their actual agreement.

Full text (OSHRC public release)

Walter, J. David
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Walter, J. David
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2018-08-03T14:59:00Z
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EN-US
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SECRETARY OF LABOR,

Complainant,

v.

OSHRC Docket No. 03-1499

PENNSYLVANIA AMERICAN WATER

Respondent.

DIRECTION
FOR REVIEW AND REMAND ORDER

On
June 27, 2003, following an inspection of Respondent’s worksite in
Wilkes-Barre, Pennsylvania, the Occupational Safety and Health Administration
issued to Respondent one citation with a single item and proposed a penalty of
$1300. Respondent filed a timely notice of contest, and the case was assigned
to Administrative Law Judge Covette Rooney. On January 21, 2004, the Secretary
submitted to the judge “Complainant’s Notice of Withdrawal of Citation,” in
which the Secretary states that she withdraws the citation, and that Respondent
agrees to take specified actions. The judge subsequently issued her order
stating that the citation item and proposed penalty are withdrawn in accordance
with the Complainant’s Notice of Withdrawal. The judge’s order was docketed by
the Commission on February 10, 2004.

On
March 1, 2004, Respondent filed a Petition for Discretionary Review of the
judge’s order, asserting that it had not agreed to take the actions specified
in the Notice of Withdrawal. The parties have now filed a “Joint Stipulation
for Remand” requesting the Commission to remand the case to the judge so that
they can agree to the actions Respondent will take upon withdrawal of the
citation item.

Accordingly,
we direct the case for review, set aside the judge’s order, and remand this
case to the judge.

SO
ORDERED.

/s/

W.
Scott Railton

Chairman

/s/

James
M. Stephens 

Commissioner

/s/

Thomasina
V. Rogers

Commissioner

Dated: March 9,
2004