SECRETARY OF LABOR,

Complainant,

v.

GERARD CHIMNEY COMPANY,
Respondent.

OSHRC DOCKET NO. 81-2018

ORDER

The parties' Stipulation and Settlement Agreement is approved.

FOR THE COMMISSION

RAY H. DARLING, JR.
EXECUTIVE SECRETARY

Dated:  FEB 10 1984

RAYMOND J. DONOVAN, SECRETARY OF LABOR,

Complainant,

v.

GERARD CHIMNEY COMPANY,
Respondent.

OSHRC DOCKET
No. 81-2018

STIPULATION AND SETTLEMENT AGREEMENT

Complainant, Raymond J. Donovan, Secretary of Labor and respondent Gerard Chimney Corporation, by and through their counsels, hereby stipulate and agree as follows:

1.  Complainant hereby amends Citation 2, item 1 to allege a repeated violation of 29 CFR 1926.28(a) rather than a willful violation.  Complainant proposes a penalty of $1,000 for such violation.
2.  Complainant hereby amends Citation 2, item 2(a) and (b) to allege a repeated violation of 29 CFR 1926.451(a)(4) rather than a willful violation.  Complainant proposes a penalty of $1,000 for such violation.
3.  Respondent hereby withdraws its notice of contest to the above citations as amended and submits that the violations have been abated and shall remain abated.   Respondent further agrees to payment of the above penalties in the amount of $2000.00.
4.  Respondent and Complainant agree that each party shall bear its own costs.
5.  Respondent agrees to post this Stipulation and Settlement Agreement in accordance with Commission Rule 7.

WHEREFORE, based on the foregoing Stipulation and Settlement Agreement, the parties stipulate that this action should be and hereby is dismissed.

LINTON W. HENGERER
Attorney for Complainant
U.S. Department of Labor

JEROME R. MANDELSTAMM


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