Witco Chemical Corp. (Commission decision, November 30, 1981)

Plain-English summary

The parties settled citation 1, and the judge approved that agreement; it became a final Commission order and was not before the Commission on review. Because the settlement did not address citation 2, the Commission remanded the case to the administrative law judge for further proceedings on that citation.

Decision snapshot

• Cited standard(s): None identified in the Commission order.
• Outcome: Citation 2 remanded for further proceedings; citation 1 settlement became final.
• Key point: A partial settlement did not dispose of the separate citation still requiring adjudication.

Full text (OSHRC public release)

Docket No. 81-1651

WITCO CHEMICAL CORP.

OSHRC Docket No. 81-1651

Occupational Safety and Health Review Commission

November 30, 1981

COUNSEL:

[*1]

Office of the Solicitor, USDOL

James E. White, Reg. Sol., USDOL

Keith M. Pyburn, Jr., for the employer

OPINION:

ORDER OF REMAND

This case is before us under Section 12(j) of the Occupational Safety and Health Act of 1970, 29 U.S.C.

661(i).

The Secretary of Labor on October 28 moved the Commission for a remand of this matter to the administrative law judge for disposition of citation no. 2 and for an extension of time to file a complaint regarding citation no. 2.

The parties have entered into a settlement agreement, but that agreement does not relate to citation no. 2.

Therefore, this case is hereby remanded for further proceedings respecting citation no. 2.

The settlement agreement between the parties, which relates only to citation no. 1, was approved by the judge and is not before us on review.

The agreement becomes a final order of the Commission.

IT IS SO ORDERED.