Singer Co., American Meter Division (Commission decision, March 2, 1984)

Plain-English summary

The judge affirmed several serious violations, including two that the Secretary had alleged were willful. The Secretary obtained Commission review of whether those two violations should be characterized as willful, but later concluded that the record contained insufficient evidence of willfulness. The Commission allowed the Secretary to withdraw the review petition and vacated the direction for review. Commissioner Cleary dissented from the order.

Decision snapshot

• Cited standard(s): The official release does not identify the standards involved.
• Outcome: Direction for review vacated, leaving the judge's serious-violation characterization in place.
• Key point: The Commission terminated review after the Secretary concluded that the evidence could not support willful characterization.

Full text (OSHRC public release)

Docket No. 79-6382

SECRETARY OF LABOR,

Complainant,

v.

SINGER CO., AMERICAN METER DIVISION

Respondent.

OSHRC DOCKET NO. 79-6382

ORDER

The Commission grants the Secretary's motion to withdraw his petition for review and further vacates the direction for review.[[1/]]

FOR THE COMMISSION

RAY H. DARLING, JR.

EXECUTIVE SECRETARY

Dated:  MAR 2 1984

RAYMOND J. DONOVAN, SECRETARY OF LABOR

Complainant,

v.

SINGER CO., AMERICAN METER DIVISION,

Respondent.

OSHRC Docket No. 79-6382

MOTION TO WITHDRAW PETITION FOR REVIEW

The complainant, Raymond J. Donovan, Secretary of Labor, United States Department of Labor moves that the Commission permit the complainant to withdraw his petition for review which was granted by former Commissioner Bertram R. Cottine.

As grounds for this motion, the Secretary sets forth the following facts:

1. On September 2, 1980, Judge William E. Brennan affirmed serious
   violations of several standards, two of which the Secretary had alleged to be willful violations.  The Secretary petitioned for review concerning the characterization of these two violations.  On October 3, 1980, former Commissioner Cottine directed review on the issue whether the violations should have been characterized as willful. On January 17, 1983, the Commission ordered the Secretary to file his brief on the issue.

2. The Secretary has reviewed the transcript and record in the matter and has
   determined that there is insufficient evidence in the record to support a finding of a willful violation.  As a result of the new review and determination, the Secretary respectfully requests that the Commission permit the Secretary to withdraw the petition.

Respectfully submitted,

FRANCIS X. LILLY

Deputy Solicitor of Labor

FRANK A. WHITE

Associate Solicitor for

Occupational Safety & Health

DANIEL J. MICK

Counsel for Regional

Trial Litigation

EUGENE LOPEZ

Attorney

The Administrative Law Judge decision in this matter is unavailable in this format.  To obtain a copy of this document, please request one from our Public Information Office by e-mail ( [email protected]
), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).

FOOTNOTES:

[[1/]] Commissioner Cleary dissents to this order.