________________________________
                                :
SECRETARY OF LABOR,             :
                                :
          Complainant,          :
                                :
          v.                    :   OSHRC DOCKET NO. 99-1047
                                :
RELIABLE ROOFING, INC.,         :
                                :
          Respondent.           :
________________________________:


Appearances:

  Diane C. Sherman, Esquire       Alan Christoffersen
  New York, New York              New York, New York
  For the Complainant.            For the Respondent, pro se.

Before:  Chief Judge Irving Sommer

*/_DECISION AND ORDER_/*

This is a proceeding pursuant to section 10(c) of the Occupational
Safety and Health Act of 1970, 29 U.S.C. § 651 /et seq./ ("the Act") to
review a citation and notification of penalty issued by the Secretary of
Labor pursuant to section 10(a) of the Act.

Following an inspection of a construction work site of Respondent, the
Secretary of Labor issued a serious citation alleging violations of 29
C.F.R. §§ 1926.404(b)(1)(i), 1926.405(a)(2)(ii)(I), 1926.1053(b)(1),
1926.1053(b)(8) and 1926.1060(a). Respondent timely contested the
citation, and the case was designated for E-Z Trial pursuant to
Commission Rule 203. The case came on to be heard in New York, New York
on January 12, 2000.

*/_Discussion_/*

At the commencement of the hearing, the parties informed the undersigned
that they had reached a settlement in regard to the citation and
notification of penalty. The terms of the settlement were discussed on
the record, and the parties submitted Exhibit C-1, the written
stipulated settlement they had signed that morning just prior to the
hearing.

*/_ORDER_/*

The terms and conditions of the stipulated settlement, which are
incorporated herein in their entirety, are APPROVED.

 

______________________
Irving Sommer
Chief Judge

Date: 3 FEB 2000

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