SECRETARY OF LABOR, Complainant v. MARK CIULLO CONSTRUCTION CO., INC., Respondent. OSHRC Docket No. 88-2872 _ORDER_ The parties' Stipulation and Settlement Agreement is approved. This order is issued pursuant to a delegation of authority to the Executive Secretary. 41 Fed. Reg. 37173 (1976), amended at 44 Fed. Reg. 7255 (1979). FOR THE COMMISSION Ray H. Darling, Jr. Executive Secretary Dated: October 12, 1989 ------------------------------------------------------------------------ ELIZABETH DOLE, SECRETARY OF LABOR, Complainant, v. CIULLO CONSTRUCTION COMPANY, Respondent. OSHRC Docket No. 88-2872 *STIPULATION AND SETTLEMENT AGREEMENT* In full settlement and disposition of the instant matter, it is stipulated and agreed by the parties as follows: 1. Complainant hereby withdraws item 1 of Citation No. 1 issued to respondent on November 10, 1988. 2. Complainant hereby amends the penalty proposed in connection with items 2 through 5 of Citation No. 1 as follows: Items Proposed Amended item 2 $250 $125 item 3 300 150 item 4 300 150 item 5 300 150 $575 3. No change is made to Citation No. 2, for which no penalty was proposed. 4. Respondent hereby withdraws its notice of contest to the citations and to the notification of proposed penalty as amended above. 5. Respondent agrees to pay $575 in full and complete payment of the penalty within 30 days of the date of this settlement agreement. 6. Respondent certifies that a copy of this Stipulation and Settlement Agreement was posted on the 12 day of September 1989, in accordance with Rules 7 and 100 of the Commission's Rules of Procedure. There are no authorized representatives of employees. 7. Each party will bear its own litigation costs and expenses. Dated this 12 day of September 1989. Ciullo Construction Company Robert P. Davis Solicitor Cynthia L. Attwood Associate Solicitor for Occupational Safety & Health Daniel J. Mick Counsel for Regional Trial Litigation ------------------------------------------------------------------------ SECRETARY OF LABOR, Complainant v. MARK CIULLO CONSTRUCTION CO., INC. Respondent OSHRC DOCKET NO. 88-2872 _ORDER ENTERED UPON SECRETARY'S MOTION TO DISMISS NOTICE OF CONTEST_ Respondent, Mark Ciullo Construction Co., Inc. (Ciullo Construction), was cited on November 10, 1988, for alleged serious (citation number 1) and nonserious (citation number 2) violations of several construction safety standards and a posting requirement. The Secretary proposed that penalties be assessed for citation number 1 in the total amount of $1,500. Ciullo Construction contested the citations and the proposed assessment of penalties. On January 24, 1989, the Secretary served and filed a complaint. Under 29 C.F.R. § 2200.4(b) and 34(d)(1), Ciullo Construction was required to file an answer by February 27, 1989. To date the answer has yet to be filed. On March 9, 1989, the Secretary served and filed a motion to dismiss the notice of contest for failure to answer the Secretary's complaint. There being no response in any manner to the Secretary's motion to dismiss, it is ORDERED that the Secretary's Motion to dismiss the notice of contest is granted. It is further ORDERED that the notice of contest is dismissed, the citations are affirmed, and penalties are assessed in the total amount of $1,500. RICHARD DeBENEDETTO Judge, OSHRC Dated: April 21, 1989 Boston, Massachusetts