WILLIAM E. BROCK, SECRETARY OF LABOR,
OSHRC DOCKET NO. 85-0212
STIPULATION AND SETTLEMENT AGREEMENT
The parties have reached a full and complete settlement of the above-captioned matter presently pending on review before the Occupational Safety and Health Review Commission. The parties hereby agree as follows:
(a)The Occupational Safety and Health Review Commission (hereinafter the
"Commission") has jurisdiction of this matter pursuant to Section 10(c) of the
Occupational 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 business located at 1307 Vine Street, Jackson, Mississippi. It was at all time material to this proceeding engaged in the business of construction and during the course of its business its employees performed various tasks in the nature construction on and around construction worksites. During the course of its business, respondent uses material and equipment which it received from places located outside Mississippi. Respondent, as a result of the aforesaid activities, is an employer engaged in a business affecting commerce as defined by section 3(3) and 3(5) of the Act, and has employees as defined by Section 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 workplace at 6360 Ridgewood Road, Jackson, Mississippi, a citation for one serious violation was issued to respondent on February 25, 1985, pursuant to Section 9(a) of the Act. The citation alleged a violation of 29 CFR § 1926.451(e)(8). A notification of proposed penalty 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 the Secretary of Labor. The contest was duly transmitted to the Commission. A hearing was held was before Commission Administrative Law Judge James D. Burroughs. Thereafter the judge issued a decision and order affirming the citation and assessing a penalty of $150 therefor. Respondent, thereafter, filed a petition for discretionary review with the Commission. The petition was granted by the Commission on November 26, 1985.
(a)(1) Complainant hereby agrees to reduce the statutory characterization of the citation from 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 and penalty as amended in section III(a) above.
(2) Respondent avers that the violation of the Act has been abated and shall
(3) Respondent agrees to post this Stipulations and Settlement Agreement in accordance with Commission Rule 7.
Each party agrees to bear all of its own attorney fees, costs, and expenses arising out of and incidental to the instant matter.
WHEREFORE, the parties agree that under the above-noted conditions this matter docketed before the Commission as Docket No. 85-0212 is hereby settled.
FOR COMPLAINANT Daniel J. Mick
FOR RESPONDENT Paul E. Engle, Jr. Secy/Treas., ENGLE, INC.
DATE July 30, 1986
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