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 Nos. 17-0312

 17-0313

(CONSOLIDATED)

1144444

ASPEN PRODUCTS, INC.,

 (CONSOLIDATED)

Respondent.

APPEARANCES:

Nicholas C. Geale, Acting Solicitor of Labor; Stanley E. Keen, Regional Solicitor; Karen 

E. Mock, OSHA Counsel; Monica R. Moukalif, Trial Attorney; U.S. Department of 

Labor, Office of the Solicitor, Atlanta, GA

For the Complainant

Christopher J. Sherman; Payne & Jones, Chartered, Overland Park, KS

For the Respondent

DIRECTION FOR REVIEW AND REMAND ORDER

Before: MACDOUGALL, Chairman; ATTWOOD and SULLIVAN, Commissioners.

BY THE COMMISSION:

An order issued by Administrative Law Judge John B. Gatto approving a settlement 

agreement between Respondent and the Secretary was docketed on October 10, 2017. On 

October 30, 2017, the Secretary filed a motion requesting leave to correct a “typographical error” 

in the settlement agreement. According to the Secretary, the parties intended to combine two 

violations into one grouped item, and to substitute one violation for a new violation, but due to a 

typographical error, the settlement agreement combined the wrong violations and made the 

wrong substitution. The Secretary also asserts that he has been unable to reach Respondent’s 

counsel to obtain a response to the motion and that he believes opposing counsel is on vacation. 

See Commission Rule 40(a), 29 C.F.R. § 2200.40(a) (requiring moving party to confer with other 

party prior to filing motion and to state if the party opposes the motion). 
2

Commission Rule 90(b)(3), which the Secretary cites in support of his request, allows the 

judge—until the case is directed for review or the judge’s decision becomes a final order if not 

directed—to “correct clerical errors and errors arising through oversight or inadvertence in 

decisions, orders or other parts of the record.” 29 C.F.R. § 2200.90(b)(3). In this case, the 

judge’s order will become a final order on November 9, 2017, which is prior to the expiration of 

the ten-day period permitted under the Commission’s Rules for Respondent to file a response to 

the Secretary’s motion, unless the case is directed for review. See Commission Rule 40(c), 29 

C.F.R. § 2200.40(c) (providing ten days from service of motion for party to file response); 29 

U.S.C. § 661(j) (absent direction for review, judge’s decision becomes a final order of the 

Commission within 30 days).

In light of these alleged facts and circumstances, we direct the case for review and 

remand it to the judge to consider the Secretary’s motion. 

SO ORDERED.

/s/

Heather L. MacDougall

Chairman

/s/

Cynthia L. Attwood

Commissioner

/s/

James J. Sullivan, Jr.

Dated: November 6, 2017 Commissioner
United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

100 Alabama St. S.W

Building 1924 Room 2R90

Atlanta, GA 30303-314

SECRETARY OF LABOR,

Complainant,

v. OSHRC Docket No. 17-0312

 

ASPEN PRODUCTS, INC.,

Respondent.

SECRETARY OF LABOR,

Complainant,

v. OSHRC Docket No. 17-0313

ASPEN PRODUCTS, INC.,

Respondent.

FINAL CONSENT ORDER

The parties have submitted a settlement agreement in the above-captioned case pursuant 

to Commission Rule 100. See 29 C.F.R. § 2200.100. The Court notes the time has expired for 

affected employees or authorized employee representatives to elect party status, or if party status 

has been elected, to file an objection to the reasonableness of any abatement time. See 29 C.F.R. 

§ 2200.100(c). Accordingly, 

IT IS HEREBY ORDERED THAT having examined the settlement agreement, said agreement 

is approved under 5 U.S.C. § 554(c)(1) and 29 C.F.R. § 2200.100(c), and is adopted and 

incorporated herein by reference as part of this Final Consent Order. The citation items are 

affirmed, modified, or vacated in accordance with the terms of the settlement agreement.

SO ORDERED.

/s/

JOHN B. GATTO, Judge

Dated: September 13, 2017

Atlanta, GA