Covington Roofing & Sheet Metal Company (Commission decision, June 28, 1990)

Plain-English summary

An ALJ had dismissed Covington Roofing's notice of contest after the company failed to answer the Secretary's complaint or respond to a show-cause order. That default order affirmed one serious citation item and assessed the proposed penalty. During Commission review, the Secretary and employer jointly agreed to vacate the citation and complaint. The Commission granted their joint motion, set aside the ALJ's default order, and vacated the citation and proposed penalty. The release does not identify the OSHA standard or penalty amount.

Decision snapshot

• Cited standard(s): None identified in the release
• Outcome: Serious citation and proposed penalty vacated; ALJ default order set aside.
• Key point: The parties' joint request during Commission review removed the citation that had been affirmed solely through default.

Full text (OSHRC public release)

Docket No. 89-0711

SECRETARY OF LABOR,

Complainant,

v.

COVINGTON ROOFING & SHEET

METAL COMPANY,

Respondent.

OSHRC Docket No. 89-0711

ORDER

The Occupational Safety and Health Review Commission has received the parties' Agreed Notice to Vacate in the captioned action. The case is before the Commission pursuant to a Direction for Review by Chairman Edwin G. Foulke, Jr. on May 4, 1990.

The Commission construes the parties' Agreed Notice to Vacate as a Joint Motion to Vacate Citation. The Commission grants the parties' motion, sets aside the Judge's order of March 30, 1990, and vacates the citation and notification of proposed penalty.

Edwin G. Foulke, Jr.

Chairman

Velma Montoya

Commissioner

Donald G. Wiseman

Commissioner

Dated: June 28, 1990

ELIZABETH DOLE,

Secretary of Labor,

United States Department

of Labor,

Complainant,

v.

COVINGTON ROOFING AND SHEET

METAL COMPANY AND ITS SUCCESSORS,

Respondent.

OSHRC Docket No. 89-0711

AGREED NOTICE TO VACATE

Come now complainant and respondent, pursuant to 29 CFR 2200.102, and hereby vacate Citation Number 01, Item Number 1 issued to respondent on February 2, 1989 and the complaint.

Attached please see a certificate of posting which indicates that respondent has posted the Notice to Vacate in accordance with the provisions of 29 CFR 2200.7.

Complainant and respondent hereby agree to bear their own fees and other expenses incurred by such party in connection with any stage of this proceeding.

ROBERT P. DAVIS

Solicitor of Labor

JAMES E. WHITE

Regional Solicitor

COVINGTON ROOFING AND

SHEET METAL COMPANY

JACK F. OSTRANDER

Counsel for Safety and Health

By:

WILLIAM CLAY BRAZIL

Attorney

Brazil, Clawson & Adlong

V. DENISE DUCKWORTH

Attorney

U. S. Department of Labor

Office of the Solicitor

Attorney for Respondent.

OSHA Inspector No. 106577141

RSOL Case No. 89-00532

Attorneys for Complainant.

SECRETARY OF LABOR,

Complainant,

v.

COVINGTON ROOFING & SHEET

METAL COMPANY,

Respondent.

OSHRC DOCKET NO. 89-0711

ORDER

BOTKIN, Judge:

Respondent has failed to file an answer to the Secretary's complaint filed on May 18, 1989. As a result, an order [[1]] was issued by the undersigned on February 20, 1990, requiring that on or before March 2, 1990, the Respondent shall file an answer or show cause why its notice of contest should not be dismissed for abandonment thereof.

Respondent has failed to respond to my order dated February 20, 1990. As a consequence thereof, Respondent's notice of contest dated February 16, 1989, is VACATED. Item 1 of serious citation no. 1 issued on February 2, 1989, alleging a violation of a specified standard, is AFFIRMED. A civil penalty, as proposed, is ASSESSED.

This proceeding is TERMINATED.

E. CARTER BOTKIN

Administrative Law Judge

Date: March 30, 1990

SECRETARY OF LABOR,

Complainant,

v.

COVINGTON ROOFING & SHEET

METAL COMPANY,

Respondent.

OSHRC DOCKET NO. 89-0711

ORDER

The Complainant filed a complaint in this case on May 18, 1989. Respondent has failed to file an answer to the complaint as required by Commission Rules 34(d) and 36. Copies of both Rules are attached. A copy of "A Guide to Procedures of the United States Occupational Safety and Health Review Commission" is also attached.

Respondent is ordered to file an answer by mailing it to me on or before March 2, 1990, or to show cause (by that date) why it should not be declared to be in default and its notice of contest should not be dismissed for abandonment thereof. Otherwise, I will enter a final order dismissing Respondent's notice of contest and affirming the citation(s) issued by OSHA against it.

E. CARTER BOTKIN

Administrative Law Judge

Date: February 20, 1990

EXHIBIT "A"

FOOTNOTES:

[[1]] A copy of that order is attached hereto, marked as EXHIBIT "A", and incorporated herein by reference.