SECRETARY OF LABOR, Complainant, v. GERARD CHIMNEY COMPANY, Respondent. OSHRC DOCKET NO. 81-2018 _ORDER_ The parties' Stipulation and Settlement Agreement is approved. FOR THE COMMISSION RAY H. DARLING, JR. EXECUTIVE SECRETARY Dated: FEB 10 1984 RAYMOND J. DONOVAN, SECRETARY OF LABOR, Complainant, v. GERARD CHIMNEY COMPANY, Respondent. OSHRC DOCKET No. 81-2018 _STIPULATION AND SETTLEMENT AGREEMENT _ Complainant, Raymond J. Donovan, Secretary of Labor and respondent Gerard Chimney Corporation, by and through their counsels, hereby stipulate and agree as follows: 1. Complainant hereby amends Citation 2, item 1 to allege a repeated violation of 29 CFR § 1926.28(a) rather than a willful violation. Complainant proposes a penalty of $1,000 for such violation. 2. Complainant hereby amends Citation 2, item 2(a) and (b) to allege a repeated violation of 29 CFR § 1926.451(a)(4) rather than a willful violation. Complainant proposes a penalty of $1,000 for such violation. 3. Respondent hereby withdraws its notice of contest to the above citations as amended and submits that the violations have been abated and shall remain abated. Respondent further agrees to payment of the above penalties in the amount of $2000.00. 4. Respondent and Complainant agree that each party shall bear its own costs. 5. Respondent agrees to post this Stipulation and Settlement Agreement in accordance with Commission Rule 7. WHEREFORE, based on the foregoing Stipulation and Settlement Agreement, the parties stipulate that this action should be and hereby is dismissed. LINTON W. HENGERER Attorney for Complainant U.S. Department of Labor JEROME R. MANDELSTAMM ------------------------------------------------------------------------ The Administrative Law Judge decision in this matter is unavailable in this format. To obtain a copy of this document, please request one from our Public Information Office by e-mail ( lwhitsett@oshrc.gov ), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).