Ezel / Agency Decisions / 1770-commission
OSHRC Commission decision Docket 1770 Decided August 7, 1973 Procedural

Robert J. Sweet, Inc.

Contest withdrawn and abatement date extended

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Currency note: this decision dates from 1973
The OSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Decision of the Commission
This is a decision of the Occupational Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance; check subsequent history before relying on it. The full text below is from the official OSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official OSHRC release. The full text is the Commission's own document.
Read the official release (oshrc.gov)

Plain-English summary

Robert J. Sweet asked to withdraw its notice of contest and extend the citation's abatement date to January 15, 1973. The Secretary of Labor did not object to either request. The administrative law judge granted both motions and affirmed the citation and proposed penalties, as amended, as final Commission orders. The Commission reviewed the record, found no prejudicial error, and affirmed the judge's order. The release does not identify the cited standards or penalty amounts.

Decision snapshot

  • Cited standard(s): None identified in the decision.
  • Outcome: The contest was withdrawn, the abatement date was extended to January 15, 1973, and the citation and proposed penalties became final.
  • Key point: An unopposed withdrawal and abatement-extension request was granted and left the amended citation final.

Full text (OSHRC public release)

Docket No. 1770

ROBERT J. SWEET, INC.
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OSHRC Docket No. 1770

Occupational Safety and Health Review Commission

August 7, 1973

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Before MORAN, Chairman; VAN NAMEE and CLEARY, Commissioners

OPINIONBY: CLEARY

OPINION:

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CLEARY, COMMISSIONER: On March 22, 1973, Judge David H. Harris issued his proposed decision and order granting respondent's motion to withdraw its notice of contest and petition for modification of abatement.
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Thereafter, pursuant to section 12(j) of the Occupational Safety and Health Act of 1970 (29 U.S.C.A. 651
et seq.,
84 Stat. 1590), that decision was called for review by the Commission.

The Commission has reviewed the entire record and finds no prejudicial error therein.

Accordingly, it is ORDERED that the Judge's decision and order are hereby affirmed in all respects.

[The Judge's decision referred to herein follows]

HARRIS, JUDGE, OSAHRC: Respondent's motion to withdraw its notice of contest and to extend the abatement date to January 15, 1973 was forwarded to complainant's solicitor on January 26, 1973, certified mail #212021.
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No objection being raised by the complainant, the Respondent's motions are granted.
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The abatement date is hereby extended to January 15, 1973, and the citation and the proposed penalties thereon, amended to conform herewith, are affirmed as final orders of the Commission.
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