__________________________________
                                  :
SECRETARY OF LABOR,               :
                                  :
          Complainant,            :
                                  :
          v.                      :   Docket No. 99-1882
                                  :
MID CITY MOTORS,                  :
                                  :
          Respondent.             :
__________________________________:


APPEARANCES:  Michelle DeBaltzo, Esq.
              Office of the Solicitor
              United States Department of Labor
                 For Complainant

              Edward S. Sowinski, Jr., Esq.
              Youngstown, Ohio
                 For Respondent

BEFORE:  MICHAEL H. SCHOENFELD,
           Administrative Law Judge



*/DECISION AND ORDER/*

This is a proceeding brought before the United States Occupational
Safety and Health Review Commission pursuant to § 10(c) of the
Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678.

On or about July 22, 1999, through September 2, 1999, the Occupational
Safety and Health Administration of the United States Department of
Labor (OSHA) conducted an inspection of Respondent's work site. As a
result of that inspection a citation was issued to Respondent alleging
three serious violations of the Act. A total civil penalty of $2850 was
proposed by OSHA.

A hearing on the record in this matter opened on April 24, 2000, in
Akron, Ohio. No affected employees sought to exercise the right to party
status. The parties were afforded an opportunity to discuss settlement.
They were successful in reaching an agreement as to all pending issues
in this matter.

The accord reached and announced on the record has been memorialized in
a stipulation between the parties which is made part of the record and
is incorporated, in its entirety, into this Decision and Order.

/Conclusions of Law/

1. Respondent, Mid City Motors, engaged in a business affecting commerce
and was an employer within the meaning of § 3(5) of the Act. The
Commission has jurisdiction of the parties and the subject matter of
this proceeding.

2. Respondent was in violation of 29 C.F.R. §§ 1910.151(b),
1910.252(a)(3)(i), 1910.1200(g)(8) and 1910.1200(h).

3. Each of the above violations was serious.

4. A total civil penalty of $750 is appropriate.

*/ORDER/*

On the basis of the foregoing, it is ORDERED that;

1. Items 1, 2, 3a, as amended, and 3b are AFFIRMED.

2. A civil penalty of $750 is assessed.

3. The terms of the stipulated settlement are incorporated, in their
entirety, by reference in this Order.

 

/s/_________________________
Michael H. Schoenfeld
Judge, OSHRC

Dated: 6/19/00
Washington, D.C.

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