SECRETARY OF LABOR,

	

 

               Complainant,

	

 

                      v.

	

Docket No. 03-1949

BARN HILL CARE CENTER,  

	

 

               Respondent.

	

 



APPEARANCES:

      Margaret A. Temple, Esq.
                                   Richard D. Wayne, Esq.

            For the
Secretary                                             For the Respondent

Before: Chief Judge Irving Sommer

DECISION AND ORDER

             This proceeding is before the Occupational Safety & Health
Review Commission (“the Commission”) pursuant to section 10 of the
Occupational Safety & Health Act of 1970, 29 U.S.C. sec. 651 et seq.
(“the Act”).

             The Occupational Safety & Health Administration (“OSHA”)
conducted an inspection of a work site of the Respondent located in
Newton, N.J. in July 2003. As a result of the inspection Respondent was
issued one serious and one “other” citation. Respondent timely contested
the citations, and on March 25, 2004 this matter came on to be heard in
New York, N.Y. No jurisdictional issues are in dispute.

            At the hearing, the Secretary's counsel informed the Court
that the parties had arrived at a settlement, which was read into the
record. The parties have now submitted an executed written agreement
incorporating the terms of the settlement. The written settlement
agreement submitted by the parties disposes of this case in its entirety.



ORDER

            The stipulated settlement, the terms and conditions of which
are incorporated herein is APPROVED. SO ORDERED.


                                                                                    /s/                                                        

                                                                                    IRVING
SOMMER

                                                                                    Chief
Judge

DATED: April 22, 2004

                        Washington, D.C.