1The Assistant Secretary of Labor for
Occupational Safety and Health (OSHA) has withdrawn as prosecuting party and as representative for
Complainant Walters and Complainant Strode.
2There is presently a vacancy in the
Office of Secretary of Labor. The Deputy Secretary is authorized to "perform the duties of the
Secretary until a successor is appointed. . . ." 29 U.S.C. § 552 (1988).
3On December 13, 1990, after receipt
of this decision, the Director of the Office of Administrative Appeals, acting on my behalf, issued an
Order to Furnish Information and Service of Administrative Law Judge's Decision. The reason for this
order was the uncertainty as to the correct service address for Complainant Walters. The ALJ, the
parties and the Regional Solicitor were directed to file, within 10 days of receipt of the order, a statement
as to Walter's correct address. To ensure that Complainants received the ALJ's R.D. and O., a copy
was attached to the Director's order, and service upon Walters was made at both possible addresses.
The ALJ responded stating that his R.D. and O. inadvertently had been served upon Walters at an
incorrect address. No other response was received, but the record reflects that Walters accepted service
of the Director's order.
4Page 2 of the R.D. and O. incorrectly
refers twice to Part 718, rather than Part 18.