UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

___________________________________
SECRETARY OF LABOR,                :
                                   :
     Complainant,                  :
           v.                      :     Docket No. 00-1995
                                   :
BARAJAS & F CONSTRUCTION           :
   & SUCC.,                        :
                                   :
     Respondent.                   :
___________________________________:

Appearances:  Sheryl Vieyar, Esq.,				Leonardo Barajas, President,
			For the Secretary				For the Respondent

*DECISION AND ORDER*

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

Following an inspection of a work site in The Colony, Texas, the
Occupational Safety and Health Administration issued a serious citation
to the Respondent who timely contested the citation and proposed
penalty, and on June 27, 2001 this matter came on to be heard in Dallas,
Texas. No jurisdictional issues are in dispute, sufficient facts having
been pleaded to establish that the Respondent is subject to the Act, and
the Commission has jurisdiction of the parties and of the subject matter.

At the hearing both sides came to an agreement, and the terms of the
settlement were read into the record. The parties have now submitted an
executed settlement agreement incorporating the terms of the settlement.
The written settlement agreement disposes of this matter in its entirety.

*ORDER*

The submitted settlement agreement is APPROVED.

*SO ORDERED*

/s/

IRVING SOMMER

Chief Judge

DATED: 27 AUG 2001

Washington, D.C.