IRWIN STEEL ERECTORS, INC.

OSHRC Docket No. 77-1132

Occupational Safety and Health Review Commission

August 24, 1978

[*1]

Before CLEARY, Chairman; BARNAKO and COTTINE, Commissioners.

COUNSEL:

Baruch A. Fellner, Office of the Solicitor, USDOL

James E. White, Acting Reg. Sol., USDOL

Jerry M. Kolander, Jr., for the employer

OPINION:

DIRECTION FOR REVIEW AND ORDER

BY THE COMMISSION: Pursuant to Commission Rule 91a, 29 CFR 2200.91a, the above-captioned case is hereby directed for review.

On July 25, 1978, Administrative Law Judge Erwin L. Stuller issued his decision and order in this case, approving the settlement agreement of the parties. The Judge's decision notes that the settlement agreement fails to mention the $560 proposed penalty for Item 2(a) of the citation. The Judge concluded that the proposed penalty was appropriate and his order affirmed a penalty of $560 for Item 2(a).

The parties have jointly petitioned the Commission to review Judge Stuller's order, to vacate the $560 penalty, and to assess a penalty of $250 for Item 2(a). The parties represent that the agreement to amend the proposed penalty was integral to their settlement agreement and that it was omitted from the written agreement through oversight.

Good cause having been shown, it is ORDERED that the Judge's order be modified to assess [*2] a penalty of $250 for Item 2(a) and affirmed in all other respects.