Ass't Sec'y & Freeze v. Consolidated Freightways, Inc., 2002-STA-4 (ALJ Jan. 22, 2003)

U.S. Department of Labor

Office of Administrative Law Judges 2 Executive Campus, Suite 450 2370 Route 70 West Cherry Hill, NJ 08002 (856) 486-3800

Issue Date: 22 January 2003
CASE NO: 2002-STA-00004

In the Matter of:

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,
   Prosecuting Party,

and

JEFFREY FREEZE,
   Complainant,

v.

CONSOLIDATED FREIGHTWAYS, INC.,
   Respondent.

   On or about September 13, 2002 the OSHA Regional Administrator ("Administrator") issued findings and a preliminary order in the above captioned case. Thirty (30) days after the Administrator's findings and preliminary order, no party requested a hearing or filed objections as required by 29 C.F.R. § 1978.105. On January 6, 2003 I issued an Order To Show Cause why the Regional Administrator's findings and preliminary order should not be made final. In response to the order to show cause, the parties requested a January 17, 2003 telephone conference at which time the parties agreed that the Administrator's preliminary order and findings should be made final.

   In light of the foregoing, it is hereby ORDERED that the Administrator's September 13, 2002 findings and preliminary order (copy enclosed) are made final and the hearing formerly set for February 24, 25, 2003 in Philadelphia, Pennsylvania is CANCELED.

       RALPH A. ROMANO
       Administrative Law Judge