Pennsylvania Metallurgical, Inc. (Commission decision, December 16, 1994)

Plain-English summary

Pennsylvania Metallurgical and the Secretary had previously resolved parts of two related dockets through an administrative law judge's consent order. The Secretary later filed a notice withdrawing citation items in the consolidated case. The Commission acknowledged the withdrawal and set aside the portion of the judge's consent order that concerned those withdrawn items. The Commission's short order does not identify the withdrawn items by standard number or state a revised penalty amount. The order is the Commission's final disposition of the case.

Decision snapshot

• Cited standard(s): The Commission order does not identify the withdrawn standards by number.
• Outcome: Procedural. The withdrawn citation items and the corresponding portion of the consent order were set aside.
• Key point: A later Secretary withdrawal removes the affected citation items even when they had previously been incorporated into an administrative consent order.

Full text (OSHRC public release)

UNITED STATES OF AMERICA
OCCUPAflONAL SAFETY AND HEALTH REVIEW COMMISSION One Lafayette Centre
1120 20th Street, N.W. -
9th Floor
Washington, DC 200364419

PHOMEZ
.
COM@02)60&5100
&202)6o6+o5o
FTS(202)6Ot%100
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..

SECRETARY OF LABOR, ..
..
Complainant,
..
..
..
Docket Nos. 92-2550
v.
92-2924
PENNSYLVANIA METALLURGICAL, INC., i
..
Respondent.
..

ORDER

On December 6, 1994, the Secretary filed a notice of withdrawal of citation items in the above-captioned case. The Commission acknowledges receipt of the Secretary’s notice of withdrawal and sets aside that portion of the administrative law judge’s consent order pertaining to the withdrawn items. This is the final order of the Commission in this case.
See 29 U.S.C. (jg 659(c), 660(a), and (b).

Stuart E. Weisberg
Chairman

Edwin G. Foulke, Jr.
Commissioner

. Commissioner
 UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION One Lafayette Centre
1120 20th Street, N.W. - 9th Floor
Washington, DC 2003643419

PHONEZ
coM(202)6064100
EEl(202)
6o64050
FfS(202)6tB-6100
m(202)-

.
.
SECRETARY OF LABOR, ..
..
Complainant,
..
..
v. .. Docket Nos. 92-2550
..
92-2924
PENNSYLVANIA
..
METALLURGICAL, INC., ..
..
Respondent.
..
.

The attached order by the Occupational Safety and Health Review Commission was issued on
December 16.1994. ANY PERSON ADVERSELY AFFECTED OR AGGRIEVED WHO WISHES
TO OBTAIN REVIEW OF THIS ORDER MUST FILE A NOTICE OF APPEAL WITH THE
APPROPRIATE FEDERAL COURT OF APPEALS WITHIN 60 DAYS OF THE DATE OF THIS
DECISION. See Section 11 of the Occupational Safety and Health Act of 1970,29 U.S.C. 0 660.

FOR THE COMMISSION

December 16. 1994
Date
Ray d Darling, Jr.
Executive Secretary
Docket Nos. 92-2550 & 92-2924

NOTICE IS GIVEN TO THE FOLLOWING:

Daniel J. Mick, Esq.
Counsel for Regional Trial Litigation
Office of the Solicitor, U.S. DOL
Room S4004
200 Constitution Ave., N.W.
Washington, D.C. 20210

Catherine Oliver Murphy
Deputy Regional Solicitor
Office of the Solicitor, U.S. DOL
14480 Gateway Building
3535 Market Street
Philadelphia, PA 19104

Russell L. Brewer, Esq.
Pennsylvania Metallurigical, Inc.
315 Columbus Street
P.O. Box 5337
Bethlehem, PA 18015-5337

Michael H. Schoenfeld
Administrative Law Judge
Occupational Safety and Health
Review Commission
One Lafayette Centre
1120 20th Street, Suite 990
Washington, D.C. 20036-3419
 UNITED STATES OF AMERICA
OCCUPATIONAL
SAFETY AND HEALTH REVI EW COMMISSION
One Lafayette Centre
1120 20th Street, N.W. - 9th Floo r
Washington, DC 20036-3419

PHONE: FAX:
COM (202) 6064100
COM (202) 6064050
FTS (202) so&s1 00
m-s (202) 6ocsoso

SECRETARY
OF LABOR
Complainant,
OSHRC DOCKET
v. NOS. 92-2550
92-2924
PENNSYLVANIA METALLURGICAL, INC.
Respondent.

NOTICE OF DOCKETING
OF ADMINISTRATIVE LAW JUDGE’S DECISION
The Administrative Law Judge’s Report in the above referenced case was docketed with the Commission on January 10, 1994. The decision of the Judge will become a final order of the Commission on February 9, 1994 unless a Commission member directs review of the decision on or before that date. ANY PARTY DESIRING REVIEW OF THE JUDGE’S DECISION BY THE COMMISSION MUST FILE A PETITION FOR DISCRETIONARY REVIEW.
Any such etition should be received b the Executive Secretary on or before January 3 P, 1994 in order to ermit suifi cient time for its review. See Commission Rule 91, 29 C.F.!k . 2200.91.
All further, pleadings or communications regarding this case shall be addressed to:
Executive Secretary
Occupational Safety and Health
Review Commission
1120 20th St. N.W., Suite 980
Washington, D.C. 20036-3419
Petitioning parties shall also mail a copy to:

Daniel J. Mick, Esq.
Counsel for Regional Trial Litigation
Office of the Solicitor, U.S. DOL
Room S4004
200 Constitution Avenue, N.W.
Washington, DC. 20210
If a Direction for Review is issued by the Commission, then the Counsel for Regional Trial Litigation will represent the Department of Labor. Any party having questions about review rights may contact the Commission’s Executive Secretary or call (202) 606-5400.

FOR THE COMMISSION

Date: January 10, 1994
Ray H. Darling, Jr.
Executive Secretary
DOCKET NOS. 92-2550 & 92-2924
NOTICE IS GIVEN TO THE FOLLOWING:

Daniel J. Mick, Esq.
Counsel for Regional Trial Liti ation
Office of the Solicitor, U.S. DO%
Room S4004
200 Constitution Ave., N.W.
Washington, D.C. 20210

Marshall H. Harris, Esq.
Re ional Solicitor
Of&e of the Solicitor U.S. DOL
14480 Gatewa Building
3535 Market Btreet
Philadelphia, PA 19 104

Russell L. Brewer, Esquire
Pennsylvania Metallurgical, Inc.
3 15 Columbus Street
P.O. Box 5337
Bethlehem, PA 18015 5337

Michael H. Schoenfeld
Administrative Law Jud e
Occupational Safety an if Health
Review Commission
One Lafayette Centre
1120 20th St. N.W., Suite 990
Washington, DC 20036 3419

00102933421:03
 UNITED STATES OF AMERICA

                                                   OCCUPATIONAL       SAFETY     AND    HEALTH    REVIEW             COMMISSION

--I)---------------II-----------I)-II)--------

ROBERT Bo REICH, SECRETARY OF LABOR, l
0

UNITED STATES DEPARTMENT OF LABOR OSHRC DOCKET
l
0 NOS l 92-2550 and
Complainant,
92-2924
0
0
V. INSPECTION l
0 NOS 102933421
l
and
110049798
PENNSYLVANIA METALLURGICAL, INC. l
l

and its successors,
0
0 REGION III
Respondent.
I)--Ir------------II(I)-------I)II-----II--------

CONSENT ORDER

                                              The    items     and Citations        which    have       been         settled       between        the

parties are: Docket 92-2550, Other Citation Number 3, Item 3;

and Docket 92-2924, Serious Citation Number 1, Items 1, 3a, and

3b and Other Citation Number 2, Items 1, 2, and 3. It is

therefore ORDERED that:

                                             10      This    partial       settlement      agreement       with            respect     to the

above listed items and Citations is approved and the terms

thereof are incorporated into this order.

                                             20      The    above     listed    citation     items       and the            amended

proposed penalties as to which Respondent has withdrawn its

Notice of contest are affirmed as they have been modified in the

settlement
agreement.

                                             30      The total        penalty     associated       with    these            affirmed

citation                                            items    amounts       to $1,137.00.          Respondent               shall     pay    said

penalty in accordance with the terms of the settlement agreement.
 40 As to the remaining'items
I r'.
and Citations, Docket.92-

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2550, Citation Number 12 Items
-.
1, 2a, '2b.,'&,
,. . ,id;' 2e,.3,, and 4;
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Citation Number 2, Items 1, 2; and 2b; Citation Number'& Items 1
. Y .P <

and 2 and Docket 92-2924: 'i',~
NO.:" "It& -2%;,:2b !,“
Citation ;2c, *'and
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‘these.
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1 ,‘-“
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sai"d i~;ems'.~~~~,. * : ,.'~
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2d, and the penalties proposed
...2, for
'- <_ themjA .. : G .

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penalties are affirmed a& amended based on the Order issued on L \ '
July 22, 1993 c$enying Respondent'sMotion to Suppress Evidence.

Respondent retains the right tb file a request for . .

reconsideration by the Administrative Law Judge, a petition for

discretionary review, and other appeals availableto it.
.,. .
Ai tL ;“

L H. SCHOENFELD
JUDGE,
OSHRC