MCWANE INC, d/b/a ATLANTIC STATES

CAST IRON PIPE CO.,

	

 

                               Petitioner,

	

 

                                     v.

	

DOCKET Nos. 03-1450 & 03-1451 

SECRETARY OF LABOR,

	

 

                                Respondent.

	

 



 

DECISION AND ORDER

 

            The above captioned matters are contested petitions for
modification of abatement before the Commission pursuant to section
10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. 659(c).


            The petitions, filed on or about July 3, 2003, were denied
by the OSHA Area Director on August 7,2003 and docketed with the
Commission on August 12, 2003. A preliminary telephone conference was
held on August 27, 2003. On August 29, 2003, these matters are
designated expedited proceedings.


            As a result of diligent negotiation efforts of the parties,
the matters have been resolved amicably. Accordingly, the matter before
the Commission has been fully resolved.

 

On the basis of the agreement between the parties IT IS ORDERED THAT;

 

1) Petitioner̓s Petition for Modification of Abatement in Docket No.
03-1450 (Inspection No.304727886) is withdrawn in regard to Citation 1,
Item 3 and Citation 2, Item la.

 

2) Petitioner̓s Petition for Modification of Abatement in Docket No.
03-1451 (InspectionNo. 113673248) is withdrawn as to Citation 2, Item la
and Citation 3, Item 2.

 

3) Petitioner̓s Petition for Modification of Abatement in Docket No.
03-1450 (InspectionNo. 304727886) as to Citation 2, Item 2, as adjusted
to an abatement date of October 7, 2003, is GRANTED.




                                                                                                /s/

                                                                                                Michael
H. Schoenfeld 

                                                                                                Judge,
OSHRC

Dated: October 30, 2003

       Washington, D.C.