SECRETARY OF LABOR,
Complainant,

v.

HAHNEL BROTHERS CO.,
Respondent.

OSHRC DOCKET NO. 81-0636

_ORDER
_
The Commission approves the parties' stipulation and settlement agreement.


FOR THE COMMISSION

Ray H. Darling, Jr.
Executive Secretary

Dated: MAY 2 1985


FORD B. FORD, UNDER SECRETARY OF LABOR
Complainant,

v.

HAHNEL BROTHERS COMPANY,
Respondent.

OSHRC DOCKET NO. 81-0636


STIPULATION AND SETTLEMENT AGREEMENT
As a full and complete settlement of this action which is pending before
the Commission on respondent's petition for discretionary review of the
decision and order of Administrative Law Judge David J. Knight filed May
5, 1983, the parties stipulate and agree as follows:

1. The Secretary hereby withdraws the citation issued to respondent on
February 11, 1981.

2. Respondent agrees that during the performance of built-up roofing
work on low- pitched roofs more than 16 feet above ground it will comply
with the requirements of 29 CFR 1926.500(g)(1)(ii), by use of a MSS
system or a safety monitoring system, whenever its employees work
between a warning line and the edge of the roof.

3. The parties agree that nothing in this stipulation and settlement
agreement is to be construed as an admission that respondent violated
the OSH Act as alleged in the citation.

4. Each party will bear its own fees, costs, and expenses as to the
entire proceeding.

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