United States of America

**OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION**

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

Washington, DC 20036-3457

Phone: (202) 606-5405	Fax: (202) 606-5409

**Notice of Decision**

**In Reference To:**

**Secretary of Labor v.**

**OSHRC Docket No**.        

1. Enclosed is a copy of my decision.  The entire record, including this decision, shall constitute the report of this Administrative Law Judge pursuant to section 12(j) of the Occupational Safety and Health Act of 1970 (the Act), 29 U.S.C. § 661(j).  The Judge’s report, which includes this decision, will be filed with the Commission’s Executive Secretary on **[date].***See*Commission Rule 90(b), 29 C.F.R. § 2200.90(b).[footnoteRef:1] The Executive Secretary will then issue a “Notice of Docketing of Administrative Law Judge’s Decision” that notifies all parties of the date that the Executive Secretary dockets the Judge’s report, and that will state the date by which a party must file a petition for discretionary review. [1:  OSHRC’s new Rules of Procedure were effective June 10, 2019 and all references contained herein refer to these revised Rules.  Rules of Procedure, 84 Fed. Reg. 14554 (April 10, 2019) (to be codified at 29 C.F.R. pt. 2200).  (https://www.federalregister.gov/documents/2019/04/10/2019-06581/rules-of-procedure).] 

2. *Commission final order.*  The decision shall become a final order of the Commission thirty (30) days from the date the Executive Secretary dockets the decision, unless a Commission member directs review of the Decision within that time.  *See* Section 12(j) of the Act; Commission Rule 90(f), 29 C.F.R. § 2200.90(f).   

3. *Party adversely affected or aggrieved by the decision.*  A party adversely affected or aggrieved by the decision of the Judge may seek review by the Commission by filing a petition for discretionary review with the Executive Secretary at any time following the service of the Judge’s decision on the parties but no later than 20 days after the date of docketing of the Judge’s report.  *See* Commission Rule 91(b), 29 C.F.R. § 2200.91(b).  The Executive Secretary's address is as follows:   

**Executive Secretary**

**Occupational Safety and Health Review Commission**

**One Lafayette Centre**

**1120 20th Street NW, Suite 980**

**Washington, D.C. 20036-3457**

The full text of the rule governing the filing of a petition for discretionary review is Commission Rule 91, 29 C.F.R. § 2200.91.

4. *Correction of errors in the Judge’s report.*  Up to the time that either the Commission directs review of the decision or the decision becomes a final order of the Commission, a request to correct clerical errors arising through oversight or inadvertence in the decision or in other parts of the Judge’s report shall be filed with the undersigned Judge, by motion, pursuant to Commission Rule 90(b)(4)(i), 29 C.F.R. § 2200.90(b)(4)(i).  Motions shall conform to Commission Rule 40, 29 C.F.R. § 2200.40.

5. *Relief from default.* Requests for relief from default or for reinstatement of the proceeding may be filed with the undersigned Judge, by motion, until the date the Executive Secretary dockets the Judge’s report.  *See* Commission Rule 90(c), 29 C.F.R. § 2200.90(c).  Motions shall conform to Commission Rule 40, 29 C.F.R. § 2200.40.

6. *Filing with Executive Secretary.*Except for motions filed to correct errors in the Judge’s report discussed in paragraph 4 above, on or after the date the Executive Secretary dockets the Judge’s report, all documents shall be filed with the Executive Secretary.  *See* Commission Rule 90(d), 29 C.F.R. § 2200.90(d).

______________________________

Administrative Law Judge

Dated:	 

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