______________________________________ SECRETARY OF LABOR, : Complainant, : : v. : : OSHRC Docket No. 00-1471 Stolle Products, A Division of : American Trim : Respondent. : _____________________________________: APPEARANCES Mary Anne Garvey, Esq. John J. Krimm, Jr., Esq. Office of the Solicitor Robert D. Weisman, Esq. U. S. Department of Labor Schottenstein, Zox & Dunn Cleveland, Ohio Columbus, Ohio For Complainant For Respondent Before: Administrative Law Judge Ken S. Welsch *DECISION AND ORDER* Stolle Products, a Division of American Trim (Stolle), operates a metal finishing plant in Sidney, Ohio. After an employee burned his legs in an acid tank on April 19, 2000, the Occupational Safety and Health Administration (OSHA) conducted an inspection of Stolle's annodizing department. OSHA's inspection resulted in Stolle receiving serious and "other" than serious citations on July 12, 2000. Stolle timely contested the citations. A hearing was held on January 11, 2001, in Dayton, Ohio. On March 20, 2001, an executed stipulation and settlement agreement was received from the parties. The settlement having been considered, it is ORDERED: 1. That the terms of the settlement are approved and incorporated herein as part of this order; 2. That the citations and proposed penalties are vacated, amended and affirmed in accordance with the terms of the settlement and a total penalty in the amount of $9,200 is assessed; and 3. That Respondent's motion to withdraw its notice of contest, pursuant to the terms of the settlement, is granted. /s/ KEN S. WELSCH Judge Date: March 21, 2001