“Docket No. 85-0212 WILLIAM E. BROCK, SECRETARY OF LABOR,Complainant,v.ENGLE, INC.,Respondent.OSHRC DOCKET NO. 85-0212STIPULATION AND SETTLEMENT AGREEMENT IThe parties have reached a full and complete settlement of theabove-captioned matter presently pending on review before the Occupational Safety andHealth Review Commission. The parties hereby agree as follows:II(a)The Occupational Safety and Health Review Commission (hereinafter the\”Commission\”) has jurisdiction of this matter pursuant to Section 10(c) of theOccupational Safety and Health Act of 1970 (84 Stat. 1590; 29 U.S.C. ? et seq.)(hereinafter the \”Act).(b)Respondent, Engle, Inc., is a corporation with its principal place of businesslocated at 1307 Vine Street, Jackson, Mississippi. It was at all time material to thisproceeding engaged in the business of construction and during the course of its businessits employees performed various tasks in the nature construction on and aroundconstruction worksites. During the course of its business, respondent uses material andequipment which it received from places located outside Mississippi. Respondent, as aresult of the aforesaid activities, is an employer engaged in a business affectingcommerce as defined by section 3(3) and 3(5) of the Act, and has employees as defined bySection 3(6) of the act, and is subject to the requirements of the Act.(c) As a result of an inspection conducted on January 30, 1985, at respondent’s workplaceat 6360 Ridgewood Road, Jackson, Mississippi, a citation for one serious violation wasissued to respondent on February 25, 1985, pursuant to Section 9(a) of the Act. Thecitation alleged a violation of 29 CFR ? 1926.451(e)(8). A notification of proposedpenalty in the amount of $240 was also issued to respondent on February 25, 1985.(d) Respondent filed a timely notice of contest to the citation and penalty with theSecretary of Labor. The contest was duly transmitted to the Commission. A hearing was heldwas before Commission Administrative Law Judge James D. Burroughs. Thereafter the judgeissued a decision and order affirming the citation and assessing a penalty of $150therefor. Respondent, thereafter, filed a petition for discretionary review with theCommission. The petition was granted by the Commission on November 26, 1985.III(a)(1) Complainant hereby agrees to reduce the statutory characterization of the citationfrom serious to other-than-serious(2) Complainant agrees to reduce the penalty $0.(b)(1) Respondent hereby agrees to withdraw its notice of contest to the citation andpenalty as amended in section III(a) above.(2) Respondent avers that the violation of the Act has been abated and shallremain abated.(3) Respondent agrees to post this Stipulations and Settlement Agreement inaccordance with Commission Rule 7.IV.Each party agrees to bear all of its own attorney fees, costs, and expenses arisingout of and incidental to the instant matter.WHEREFORE, the parties agree that under the above-noted conditions this matter docketedbefore the Commission as Docket No. 85-0212 is hereby settled.FOR COMPLAINANT Daniel J. MickFOR RESPONDENT Paul E. Engle, Jr. Secy\/Treas., ENGLE, INC.DATE July 30, 1986The Administrative Law Judgedecision in this matter is unavailable in this format. To obtain a copy of this document,please request one from our Public Information Office by e-mail ( [email protected] ), telephone (202-606-5398), fax(202-606-5050), or TTY (202-606-5386).”