DIVERSIFIED CONSTRUCTION CONSULTANTS, INC.
OSHRC Docket No. 76-5072
Occupational Safety and Health Review Commission
April 7, 1977
Ronald M. Gaswirth, Reg. Sol., USDOL
George O'Neal, President, Diversified Const. Consultants Inc., for the employer
DIRECTION FOR REVIEW AND ORDER
On March 8, 1977, Judge Joseph L. Chalk issued his decision dismissing Respondent's notice of contest due to Respondent's failure to file an answer and to respond to an order to show cause. At the time the Judge issued his decision, negotiations between the parties to settle the case were underway, and a settlement agreement was reached on March 10. The parties have submitted that agreement to the Commission together with a joint motion to set aside the Judge's decision and enter an order approving the settlement agreement.
We have reviewed the settlement agreement and conclude that it is consistent with the purposes of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). Accordingly, review of the Judge's decision is hereby directed pursuant to 29 U.S.C. 661(i). The Judge's order is set aside, and the joint motion to approve the settlement agreement is granted. The citation for serious violation is affirmed, and a penalty of $250 is [*2] assessed.