SECRETARY OF LABOR,
Complainant,

v.

METAL BANK OF AMERICA, INC.,
Respondent.

OSHRC DOCKET NO. 82-0422

_ORDER_

The parties' stipulation and settlement agreement is approved.


FOR THE COMMISSION

Ray H. Darling, Jr.
Executive Secretary

Dated: March 20, 1985




RAYMOND J . DONOVAN, SECRETARY OF LABOR,
Complainant,

v.

THE METAL BANK OF AMERICA, INC.,
Respondent.

OSHRC DOCKET NO. 82-0422

_Stipulation and Settlement Agreement_

The parties have reached an agreement on the settlement of the items in
this matter. The parties stipulate as follows:

1. Respondent is a private business enterprise which employs employees.
It is engaged in commerce, is subject to the Occupational Safety and
Health Act of 1970 and the jurisdiction of the Commission.

2. As a result of an OSHA inspection at respondent's workplace. OSHA
issued to respondent a citation for a serious violation of the lead
standard, 29 CFR §1910.1025, and a proposed penalty of $4,280.

3. In a stipulation submitted to Judge Jerome Ditore and accepted by the
judge, the Secretary agreed to withdraw certain parts of the citation
and to reduce the proposed penalty to $3,000 for the remaining items.

4. Pursuant to the instant agreement, respondent agrees to withdraw its
notice of contest as to the remaining items before the Commission and
also moves to withdraw its petition for review of Judge Ditore's
decision of February 24, 1984.

5. The Secretary hereby agrees to reduce the penalty for the remaining
items to $2,500 which respondent hereby agrees to pay immediately.

6. Respondent states that it no longer operates a metal recovery
operation at the cited facility but agrees that if metal recovery
operations are resumed in whole or in part, it will comply with the OSHA
Act and the cited standards. Respondent further agrees that a copy of
this stipulation and settlement agreement will be furnished to any
successor in interest.

SIGNED: FEB 25, 1985

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