U.S. Steel Corporation, Eastern Steel Division & Its Successors

Plain-English summary

An administrative law judge had affirmed a willful citation against U.S. Steel under 29 C.F.R. § 1910.179(l)(3). The Commission granted review and later requested briefs. Although the Secretary continued to believe the judge was correct, he withdrew the citation after reviewing the record and considering U.S. Steel's representation that it was then complying with the standard. The company and the authorized employee representative did not object. The Commission accepted the withdrawal.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1910.179(l)(3)
• Outcome: Secretary's withdrawal accepted; the willful citation was withdrawn during Commission review.
• Key point: The Commission closed the case after the Secretary decided that further litigation was not warranted in light of the record and the employer's stated compliance.

Full text (OSHRC public release)

Docket No. 84-1168

SECRETARY OF LABOR,

Complainant,

v.

U. S. STEEL CORPORATION,

EASTERN STEEL DIVISION AND

ITS SUCCESSORS,

Respondent.

OSHRC Docket No. 84-1168

ORDER

The Commission accepts the Secretary's notice of withdrawal.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

Dated:  OCT 7 1986

WILLIAM E. BROCK, SECRETARY OF LABOR

Complainant,

v.

U.S. STEEL CORPORATION, EASTERN

STEEL DIVISION, and its successors

Respondent.

OSHRC Docket No. 84-1168

SECRETARY'S NOTICE TO WITHDRAW CITATION

In a decision dated November 22, 1985, Administrative Law Judge Irving Sommer
affirmed a citation for a willful violation of 29 CFR 1910.179(1)(3) which had been issued
by the Secretary on October 22, 1984.  Respondent's subsequent petition for
discretionary review of the judge's decision was granted by the Commission on January 10,
1986.   The Commission issued a briefing notice on July 16, 1986.

The Secretary believes that the judge's decision was correctly decided.  
However, after extensive review of the record evidence and in view of Respondent's
representation that it is presently in compliance with the standard, the Secretary has
determined that further litigation of this case is not merited.

WHEREFORE, the Secretary hereby withdraws the citation issued to Respondent on October 22,
1984, and requests the Commission to set aside the judge's decision.  Respondent's
attorney and the authorized employee representative have been contacted and have stated
that they have no objection to the withdrawal of the citation.

Respectfully submitted,

GEORGE SALEM

Solicitor of Labor

CYNTHIA ATTWOOD

Associate Solicitor for

Occupational Safety & Health

DANIEL J. MICK

Counsel for Regional

Trial Litigation

ORLANDO PANNOCHIA

Attorney