DIRECTION FOR REVIEW AND REMAND
On July 19, 2013, Administrative Law Judge Patrick B. Augustine issued an order
approving a settlement agreement between the Secretary and Professional Directional,
LTD (“Professional”), pursuant to which Professional agreed to withdraw its notice of
contest of five citation items and pay a total reduced penalty of $13,600. The judge’s
order was docketed with the Commission on July 25, 2013.
On August 20, 2013, the Secretary filed with the Commission an “Unopposed
Motion to Correct Settlement Agreement,” asserting that the agreement mistakenly states
that Citation 1, Item 3, is amended to allege a serious violation of 29 C.F.R.
§ 1910.1200(g)(8) because “the employer did ensure that the safety data sheets for each
hazardous chemical were available at the facility.” (Emphasis added.) According to the
Secretary, the agreement should state that “the employer did not ensure that the safety
data sheets for each hazardous chemical were available at the facility.” (Emphasis
added.) The Secretary also indicates that he has consulted with Professional’s counsel
and that Professional does not oppose the Motion.
We direct this case for review, set aside the order approving the settlement
agreement, and remand to the judge to address the Motion. Specifically, the judge should
direct the parties to submit a corrected settlement agreement in accordance with all
requirements of Commission Rule of Procedure 100, 29 C.F.R. § 2200.100. Once these
procedural requirements have been met, the judge should issue a new order approving the
corrected settlement agreement.
Thomasina V. Rogers
Cynthia L. Attwood
Dated: August 26, 2013 Commissioner
SECRETARY OF LABOR,
OSHRC Docket No. 12-0095
PROFESSIONAL DIRECTIONAL LTD,
ORDER APPROVING SETTLEMENT AGREEMENT
The Commission has jurisdiction over the subject matter of the case and over the parties
by virtue of the filing of a timely notice of contest.
The Settlement Agreement (“Agreement”) between the parties filed on June 28, 2013,
has been considered. The Agreement has been served on all parties and authorized employee
representatives and posted in the manner prescribed by Commission Rule 7(g).
Ten (10) days
have since service and posting and no objection to the Agreement has been filed.
The Agreement is approved under 5 U.S.C. §554(c)(1) and Commission Rule 100(c) as in
compliance with those sections. The terms of the Agreement are incorporated, in their entirety,
by reference in this order.
The order shall become final thirty (30) days from the date of its docketing by the
Executive Secretary, unless review thereof is directed by a Commission Member within that
time. 29 U.S.C. §661(j).
Dated: July 19,2013 /s/ Patrick B. Augustine
Denver, Colorado Patrick B. Augustine