Dravo Corporation (Commission decision, June 20, 1975)

Plain-English summary

Dravo Corporation and the Secretary submitted a settlement agreement under which Dravo withdrew its notice of contest and the Secretary withdrew a nonserious crane item and its proposed $55 penalty for lack of supporting evidence. The judge approved the settlement and assessed $655 but did not expressly rule on the Secretary's withdrawal motion. The Commission modified the order to grant that motion.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1910.179(g)(2)(i)
• Outcome: The settlement was approved with a $655 penalty, and citation 2, item 12, together with its proposed $55 penalty, was withdrawn.
• Key point: The Commission amended the settlement order to expressly dispose of a citation item that the Secretary had moved to withdraw for lack of evidence.

Full text (OSHRC public release)

Docket No. 11961

DRAVO CORPORATION

OSHRC Docket No. 11961

Occupational Safety and Health Review Commission

June 20, 1975

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Before MORAN, Chairman; and CLEARY, Commissioner

OPINION:

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BY THE COMMISSION: Pursuant to section 12(j) of the Occupational Safety and Health Act of 1970, Judge Worcester's order in this case is directed for review and modified by the Commission.

The parties submitted a settlement agreement to the Administrative Law Judge in which, among other things, the Secretary moved to withdraw item No. 12 of citation No. 2 for non-serious violation alleging non-compliance with the standard at 29 CFR �
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1910.179(g)(2)(i) and the $55 penalty proposed to be assessed therefor.
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The Administrative Law Judge failed to rule upon this motion.

Accordingly, the Secretary's motion to withdraw item No. 12 of citation No. 2 for non serious violation and the $55 penalty therefor is granted in light of the asserted lack of evidence to support the item.
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The Administrative Law Judge's order is so amended.

[The Judge's decision referred to herein follows]

WORCESTER, JUDGE: The parties filed a Settlement Agreement on May 19, 1975.
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Upon consideration thereof it is found and concluded that the agreement is in full compliance with the Occupational Safety and Health Act of 1970 and the Rules of this Commission [*2]
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in all respects.
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It is therefore:

ORDERED that the Respondent's motion to withdraw its Notice of Contest be granted, the Citation be affirmed and that a penalty of $655.00 be assessed.
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