WILLIAM E. BROCK, SECRETARY OF LABOR,
Complainant,

v.

ENGLE, INC.,
Respondent.

OSHRC DOCKET NO. 85-0212

_STIPULATION AND SETTLEMENT AGREEMENT
_
I

The parties have reached a full and complete settlement of the
above-captioned matter presently pending on review before the
Occupational Safety and Health Review Commission. The parties hereby
agree as follows:

II

(a)The Occupational Safety and Health Review Commission (hereinafter the
"Commission") has jurisdiction of this matter pursuant to Section 10(c)
of the Occupational Safety and Health Act of 1970 (84 Stat. 1590; 29
U.S.C. § et seq.) (hereinafter the "Act).

(b)Respondent, Engle, Inc., is a corporation with its principal place of
business located at 1307 Vine Street, Jackson, Mississippi. It was at
all time material to this proceeding engaged in the business of
construction and during the course of its business its employees
performed various tasks in the nature construction on and around
construction worksites. During the course of its business, respondent
uses material and equipment which it received from places located
outside Mississippi. Respondent, as a result of the aforesaid
activities, is an employer engaged in a business affecting commerce as
defined by section 3(3) and 3(5) of the Act, and has employees as
defined by Section 3(6) of the act, and is subject to the requirements
of the Act.

(c) As a result of an inspection conducted on January 30, 1985, at
respondent's workplace at 6360 Ridgewood Road, Jackson, Mississippi, a
citation for one serious violation was issued to respondent on February
25, 1985, pursuant to Section 9(a) of the Act. The citation alleged a
violation of 29 CFR § 1926.451(e)(8). A notification of proposed penalty
in the amount of $240 was also issued to respondent on February 25, 1985.

(d) Respondent filed a timely notice of contest to the citation and
penalty with the Secretary of Labor. The contest was duly transmitted to
the Commission. A hearing was held was before Commission Administrative
Law Judge James D. Burroughs. Thereafter the judge issued a decision and
order affirming the citation and assessing a penalty of $150 therefor.
Respondent, thereafter, filed a petition for discretionary review with
the Commission. The petition was granted by the Commission on November
26, 1985.


III


(a)(1) Complainant hereby agrees to reduce the statutory
characterization of the citation from serious to other-than-serious

(2) Complainant agrees to reduce the penalty $0.

(b)(1) Respondent hereby agrees to withdraw its notice of contest to the
citation and penalty as amended in section III(a) above.

(2) Respondent avers that the violation of the Act has been abated and
shall remain abated.

(3) Respondent agrees to post this Stipulations and Settlement Agreement
in accordance with Commission Rule 7.

IV.

Each party agrees to bear all of its own attorney fees, costs, and
expenses arising out of and incidental to the instant matter.
WHEREFORE, the parties agree that under the above-noted conditions this
matter docketed before the Commission as Docket No. 85-0212 is hereby
settled.


FOR COMPLAINANT Daniel J. Mick

FOR RESPONDENT Paul E. Engle, Jr. Secy/Treas., ENGLE, INC.

DATE July 30, 1986

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The Administrative Law Judge decision in this matter is unavailable in
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our Public Information Office by e-mail ( lwhitsett@oshrc.gov
<mailto:lwhitsett@oshrc.gov> ), telephone (202-606-5398), fax
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