COX BROTHERS, INC., Petitioner, v. SECRETARY OF LABOR, Respondent

This case is brought before us on an employer’s petition to review an order of the Occupational Safety and Health Review Commission (Commission). We have determined that we are without jurisdiction to rule on the merits of the Commission’s order. We therefore dismiss the petition.

I

Cox Brothers, Inc. is a brick and masonry subcontractor in Tucson, Arizona. In February 1973, one of Cox’s employees was killed during the course of his duties on a construction site. In response to the workman’s death, the Secretary of Labor inspected the job site. See OSHA Regulations, 29 C.F.R. § 1904.8 (1976). As a result of the inspection, Cox was cited for three violations of the Occupational Safety and Health Act (Act), 29 U.S.C. § 651 , et seq. Cox was also given notification of a proposed penalty of $1,100 and ordered to abate the violative conditions. Cox timely contested the citations and proposed penalties. 29 U.S.C. § 659 (a).

In July 1973, an administrative hearing was conducted before a hearing examiner. As a result, the hearing officer sustained each of the citations and penalties. In November 1973, a member of the Commission directed discretionary review of the hearing officer’s…