SECRETARY OF LABOR,
Complainant

v.

MARK CIULLO CONSTRUCTION CO., INC.,
Respondent.

OSHRC Docket No. 88-2872

ORDER

The parties' Stipulation and Settlement Agreement is approved. This order is issued pursuant to a delegation of authority to the Executive Secretary. 41 Fed. Reg. 37173 (1976), amended at 44 Fed. Reg. 7255 (1979).

FOR THE COMMISSION

Ray H. Darling, Jr.
Executive Secretary

Dated: October 12, 1989

ELIZABETH DOLE, SECRETARY OF LABOR,
Complainant,

v.

CIULLO CONSTRUCTION COMPANY,
Respondent.

OSHRC Docket No. 88-2872

STIPULATION AND SETTLEMENT AGREEMENT

In full settlement and disposition of the instant matter, it is stipulated and agreed by the parties as follows:

1. Complainant hereby withdraws item 1 of Citation No. 1 issued to respondent on November 10, 1988.

2. Complainant hereby amends the penalty proposed in connection with items 2 through 5 of Citation No. 1 as follows:

3. No change is made to Citation No. 2, for which no penalty was proposed.

4. Respondent hereby withdraws its notice of contest to the citations and to the notification of proposed penalty as amended above.

5. Respondent agrees to pay $575 in full and complete payment of the penalty within 30 days of the date of this settlement agreement.

6. Respondent certifies that a copy of this Stipulation and Settlement Agreement was posted on the 12 day of September 1989, in accordance with Rules 7 and 100 of the Commission's Rules of Procedure. There are no authorized representatives of employees.

7. Each party will bear its own litigation costs and expenses.

Dated this 12 day of September 1989.

Ciullo Construction Company                     

Robert P. Davis                                                                  
Solicitor

Cynthia L. Attwood
Associate Solicitor for
Occupational Safety & Health

Daniel J. Mick
Counsel for Regional
Trial Litigation

SECRETARY OF LABOR,
Complainant

v.

MARK CIULLO CONSTRUCTION CO., INC.
Respondent

OSHRC DOCKET NO. 88-2872

ORDER ENTERED UPON SECRETARY'S MOTION TO DISMISS NOTICE OF CONTEST

Respondent, Mark Ciullo Construction Co., Inc. (Ciullo Construction), was cited on November 10, 1988, for alleged serious (citation number 1) and nonserious (citation number 2) violations of several construction safety standards and a posting requirement. The Secretary proposed that penalties be assessed for citation number 1 in the total amount of $1,500. Ciullo Construction contested the citations and the proposed assessment of penalties.

On January 24, 1989, the Secretary served and filed a complaint. Under 29 C.F.R. § 2200.4(b) and 34(d)(1), Ciullo Construction was required to file an answer by February 27, 1989. To date the answer has yet to be filed.

On March 9, 1989, the Secretary served and filed a motion to dismiss the notice of contest for failure to answer the Secretary's complaint. There being no response in any manner to the Secretary's motion to dismiss, it is
ORDERED that the Secretary's Motion to dismiss the notice of contest is granted. It is further
ORDERED that the notice of contest is dismissed, the citations are affirmed, and penalties are assessed in the total amount of $1,500.

RICHARD DeBENEDETTO
Judge, OSHRC

Dated: April 21, 1989
Boston, Massachusetts