United States of America 

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 

1120 20th Street, N.W., Ninth Floor 

Washington, DC 20036-3457 

SECRETARY OF LABOR,

Complainant,

v. OSHRC Docket No. 16-1151

ADAM ZEMBRZUSKI dba

A TO Z CONSTRUCTION,

Respondent.

APPEARANCES: 

Suzanne F. Dunne, Attorney; Christine Z. Heri, Regional Solicitor; Katherine E. Bissell, 

Deputy Solicitor for Regional Enforcement; U.S. Department of Labor, Washington, DC 

For the Complainant 

Adam Zembrzuski, pro se, Wheeling, IL

For the Respondent 

REMAND ORDER

Before: MACDOUGALL, Acting Chairman; ATTWOOD, Commissioner. 

BY THE COMMISSION: 

On June 6, 2016, the Occupational Safety and Health Administration issued Respondent a 

three-item serious citation with a total proposed penalty of $2,000, which Respondent contested. 

On August 11, 2016, Respondent notified the Secretary that he no longer wished to contest the 

citation and asked the Secretary for assistance in withdrawing his notice of contest.0F

1

 On August 

15, 2016, the Secretary filed a Notice of Withdrawal of Citation with Chief Administrative Law 

Judge Covette Rooney, who issued an order approving the withdrawal on October 21, 2016. The 

judge’s order became a final order of the Commission on November 23, 2016. 

 

1

 According to the Secretary, Respondent has paid the proposed penalty and abated the alleged 

violations. 
2 

Two months later, on January 27, 2017, the Secretary filed a motion seeking relief from 

the final order under Federal Rule of Civil Procedure 60(b)(1). Fed. R. Civ. Pro. 60(b)(1) (allows 

for relief from final judgment based upon “mistake, inadvertence, surprise, or excusable neglect”); 

see also 29 C.F.R. § 2200.2(b) (applicability of Federal Rules of Civil Procedure to Commission 

proceedings). According to the Secretary, he made a “good faith mistake” when he filed a Notice 

of Withdrawal of Citation instead of a Notice of Withdrawal of Notice of Contest. The Secretary’s 

motion, which was directed to the judge, requests that the final order “be lifted” and that he be 

allowed to file a Motion to Withdraw the Notice of Contest.1F

2

 

We remand this case to the judge for consideration of the Secretary’s motion. 

SO ORDERED. 

/s/ 

 Heather L. MacDougall 

 Acting Chairman 

/s/ 

Cynthia L. Attwood 

Dated: March 30, 2017 Commissioner

 

2

 We note that any withdrawal of Respondent’s notice of contest must be signed and filed by 

Respondent, not the Secretary. See 29 U.S.C. § 659(a) (employer must notify Secretary of intent 

to contest citation). 
3 

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

THOMAS E. PEREZ, Secretary of Labor, United 

States Department of Labor,

 Complainant,

 v. OSHRC Docket No.: 16-1151

Inspection No.: 1151034

ADAM ZEMBRZUSKI dba

A TO Z CONSTRUCTION

 Respondent.

ORDER APPROVING NOTICE OF WITHDRAWAL OF CITATION

The Commission has jurisdiction over the subject matter of the case and over the parties by

virtue of the filing of a timely notice of contest. 

The stipulated settlement between the parties filed on 8-15-16 has been considered. The 

stipulation and settlement agreement has been served on all parties and authorized employee 

representatives and posted in the manner prescribed by Commission Rule 7(g).1 Ten (10) days has 

passed since service and posting and no objection to the settlement has been filed.

The settlement is approved under 5 U.S.C. §554(c)(l ) and Commission Rule 100. The terms of 

the stipulated settlement are incorporated, in their entirety, by reference in this order. 

1Rules of Procedure of the Occupational Safety and Health Review Commission, 29 C.F.R. §§2200.1-.212, as

amended. 
4 

------------

The order shall become final thirty (30) days from the date of its docketing by the Executive

Secretary, unless review thereof is directed by a Commission Member within that time. 29 U.S.C.

Section 6610).

Isl

COVETTE ROONEYU

Chief Judge, OSHRC 

OCT 2 1 2016

Dated: 

Washington, D.C.