Spector Freight System (Commission decision, September 15, 1976)

Plain-English summary

OSHA sought to withdraw its citation and complaint against Spector Freight System because it lacked enough evidence to carry its burden of proof. The judge treated OSHA's notice as a motion because the agency could not end the case unilaterally. He found no purpose in continuing once OSHA acknowledged that it could not prove the case. The citation was vacated, the complaint was dismissed, and the proceeding was terminated. The Commission reviewed the record, found that the required notifications had been completed, and affirmed the judge.

Decision snapshot

• Cited standard(s): None identified in the official release
• Outcome: The citation was vacated and the complaint was dismissed for lack of sufficient evidence.
• Key point: OSHA's request to withdraw was treated as a motion and granted once the agency acknowledged that it could not meet its burden of proof.

Full text (OSHRC public release)

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EN-US
X-NONE
X-NONE

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY
OF LABOR,

�������������������������������������������� Complainant,

������������������������ v.

OSHRC
DOCKET NO. 3661

SPECTOR
FREIGHT SYSTEM, INC.,

��������������������������������������������� Respondent.

September
15, 1976

DECISION

BEFORE BARNAKO, Chairman; MORAN and CLEARY,
Commissioners.

MORAN, Commissioner:

A decision of Review Commission Judge
George W. Otto, dated September 8, 1975, a copy of which is attached hereto as Appendix A, [1] is before this Commission for review pursuant to 29 U.S.C. � 661(i).

Having reviewed the record in its
entirety, the Commission finds that the Judge properly decided the case and
adopts his decision granting complainant�s motion of withdrawal of citation and complaint by reason of lack of sufficient evidence, it being clear from the record that all appropriate notification on this matter has been accomplished. Accordingly, the Judge�s decision is hereby affirmed.

�

FOR THE COMMISSION:

�

William S. McLaughlin

Executive Secretary

DATED: SEP 15, 1976

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY
OF LABOR,

�������������������������������������������� Complainant,

������������������������ v.

OSHRC
DOCKET NO. 3661

SPECTOR
FREIGHT SYSTEM, INC.,

��������������������������������������������� Respondent.

September 8, 1975

ORDER

In a decision issued June 10, 1975 the
Occupational Safety and Health Review Commission remanded the above identified proceeding to the undersigned Judge. On September 4, 1975 complainant filed a document served September 4, 1975 entitled �Notice of Withdrawal of Citation and Complaint� . . . by reason of lack of sufficient evidence to sustain the burden as required by Review Commission Rules of Procedure 73. Complainant has no authority to effect unilateral withdrawal. However the document filed September 4, 1975 is deemed a motion for withdrawal.

Under Commission Rule 73(a) in all
proceeding commenced by the filing of a notice of contest, the burden of proof shall rest with the Secretary. No purpose is served by continuing this proceeding where the complainant by reason of lack of sufficient evidence to sustain his burden elects to file a motion to withdraw.

In support of the motion complainant
submitted with the notice the affidavit of T. L. Patton, Director of Safety
& Training of Spector Freight Systems, Inc.

The motion is granted. Therefore the
citation issued June 21, 1973 is hereby vacated, the complaint served July 16, 1976 is hereby dismissed and this proceeding is terminated.

�

George W. Otto

Judge, OSAHRC

Dated: September 8, 1975

[1] Chairman Barnako
does not agree to this attachment.