UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,
Complainant,
v.	OSHRC DOCKET NO. 79–1407
L. A. DREYFUS COMPANY,
Respondent.

November 25, 1980

ORDER

The Parties’ Stipulation and Settlement Agreement dated March 27, 1980, is approved.

FOR THE COMMISSION:

RAY H. DARLING, JR.

EXECUTIVE SECRETARY

DATED NOV 25, 1980

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR,
Complainant,
v.	OSHRC DOCKET NO. 79–1407
L. A. DREYFUS COMPANY,
Respondent.

March 27, 1980

STIPULATION AND SETTLEMENT AGREEMENT

The parties hereby enter into this stipulation and settlement agreement as a full and complete settlement of the instant case which is presently pending upon review before the Occupational Safety and Health Review Commission.

The parties stipulate 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. § 651 et. seq.) (hereinafter ‘the Act’).

(B) Respondent, L.A. Dreyfus Company, is a corporation with its office and place of business located in Edison, New Jersey where it manufactures chewing gum base. During the course of its business its employees are engaged in this manufacturing enterprise. Respondent uses equipment and material from places located outside the State of New Jersey. Respondent was and is an employer engaged in a business affecting commerce within the meaning of sections 3(3) and 3 (5) of the Act and employed employees within the meaning of section 3 (6) of the Act.

(C) As a result of an inspection conducted between January 11, 1979 and January 26, 1979, at respondent’s workplace, one citation for a repeated violation of 29 CFR 1910.212(a)(3)(ii) was issued to respondent on March 2, 1979, pursuant to section 9(a) of the Act.

(D) On March 2, 1979, pursuant to section 10(a) of the Act, a notice of proposed penalty recommending a penalty of $360.00 was sent to respondent by certified mail, return receipt requested.

(E) By letter dated March 16, 1979, respondent timely contested the citation and proposed penalty. Respondent’s notice of contest was duly transmitted to the Commission.

(F) A hearing was held on the contest on June 29, 1979. The administrative law judge filed his decision and order of October 22, 1979. In his decision the judge modified the classification of the violation from repeated to non-serious and assessed no penalty.

(G) On November 8, 1979, the Secretary filed a petition for discretionary review, in which he excepted to the judge’s classification of the violation. On November 21, 1979 Commission Bertram R. Cottine directed the case for review.

III

Complainant hereby agrees to classify the violation as serious, not repeated, and to reduce the penalty proposed for the violation of 29 CFR 1910.212(a)(3)(ii) from $360.00 to $200.00. Furthermore, Complainant hereby agrees to withdraw its petition for discretionary review of the judge’s decision.

Respondent hereby agrees to withdraw its notice of contest of the citation and the penalty proposed therefor, as amended above, submits that it has abated the violation of the Act set forth in the citation, and agrees to pay the proposed penalty, as amended above ($200.00).

(A) Respondent’s consent to this stipulation and settlement agreement does not constitute an admission of violation of the Act in any proceedings except those brought under the Act.

(B) Nothing in this stipulation and settlement agreement constitutes a concession by the Secretary that the administrative law judge correctly stated the law on repeated violations or correctly classified the violation in the instant case.

Respondent agrees to post this Stipulation and Settlement Agreement in accordance with Commission Rule 7. WHEREFORE, the parties request the Commission to approve this Stipulation and Settlement Agreement.

FOR THE COMPLAINANT

FOR THE RESPONDENT

Dated this 27th day of March 1980.