“SECRETARY OF LABOR,Complainant,v.ATEC CONTRACTING CORPORATION,Respondent.OSHRC Docket No. 79-6029_ORDER_The parties’ Stipulation and Settlement Agreement is Approved.FOR THE COMMISSIONRay H. Darling, Jr.Executive SecretaryDated: OCT 21 1983RAYMOND J. DONOVAN, SECRETARY OF LABORComplainant,v.ATEC CONTRACTING CORPORATION,Respondent.OSHRC DOCKET NO. 79-6029___STIPULATION AND SETTLEMENT AGREEMENT_IThe parties have reached agreement on a full and complete settlement ofthe instant matter which is presently pending before the Commission.IIThe parties stipulate as follows:(a) The Occupational Safety and Health Review Commission (hereinafter\”the Commission\”) has jurisdiction of this matter pursuant to section10(c) of the Occupational Safety and Health Act of 1970 (84 Stat. 1590;29 U.S.C. ?651 et seq.) (hereinafter \”the Act\”).(b) Respondent, Atec Contracting Corporation, is a corporation with itsprincipal place of business located in Washington, D.C.It is engaged in the business of construction work and during the courseof its business its employees perform various tasks in the nature ofconstruction and related work. During the course of its business,respondent uses materials and equipment which it receives from placeslocated outside Washington, D.C. Respondent, as a result of theaforesaid activities, is an employer engaged in a business affectingcommerce as defined by sections 3(3) and 3(5) of the Act, and hasemployees as defined by section 3(6) of the Act, and is subject to therequirements of the Act.(c) As a result of an inspection conducted on September 29, 1979, atrespondent’s work place at Fair Oaks Shopping Center, Fairfax, Virginia,a citation for one serious violation with three items allegingviolations of the standards at 29 CFR 1926.650(f), 29 CFR 1926.651(i)(1) and 29 CFR 1926.652(b) and a Notification of Proposed Penaltyassessing a total penalty of 1,440.00 was issued to respondent onOctober 9, 1979 pursuant to section 9(a) of the Act.(d) Respondent submitted a Notice of Contest dated October 24, 1979,informing Complainant of its intention to contest the alleged violationsand the Proposed Penalty. The Notice of Contest was received by theRichmond, Virginia Area Director, Occupational Safety and HealthAdministration, on October 29, 1979. Thereafter, the parties duly fileda complaint and an answer.(e) On May 20, 1980, Commission Administrative Law Judge Benjamin J.Usher held a hearing on Respondent’s notice of contest. On July 16,1981, Judge Usher issued his Decision and Order in which he vacated theserious item alleging violation of 29 CFR 1926.652(b) and affirmed theserious items alleging violation of 29 CFR 1926.650(f) and 29 CFR1926.651(i)(1). The Judge also assessed a penalty of $960.00.Thereafter, Respondent filed a timely Petition for Review to theCommission and on September 8, 1981, Chairman Rowland granted review onthe following issue:[1] Whether the judge erred in finding Respondent in violation of theAct for failing to comply with the provisions of 29 CFR 1926.651 (i)(1)and ?1926.650(f).IIINow, the Secretary of Labor and Atec Contracting Corporation in order toconclude this matter without the necessity of further litigation orreview,stipulate and agree as follows:IVRespondent hereby agrees to withdraw its Petition for Review to theaffirmance of the Citation for violation of 29 CFR 1926.651(i)(1) and1926.650(f) and submits that the violations have been abated and shallremain abated.VThe Secretary hereby agrees to reduce the classification of theviolations from serious to non-serious and to eliminate all penaltiesproposed.VIRespondent and Complainant agree that each party shall bear its own costs.VIIRespondent agrees to post this Stipulation and Settlement Agreement inaccordance with Commission Rule 7.WHEREFORE, the parties request that this Stipulation and SettlementAgreement be approved by the Commission.ANTONY F. GILAttorney for the Secretary of LaborANDREW D. NESS, ESQ.Lewis, Mitchell & MooreDate this 2nd day of September, 1983.———————————————————————— The Administrative Law Judge decision in this matter is unavailable inthis format. To obtain a copy of this document, please request one fromour Public Information Office By e-mail ( [email protected] ), telephone (202-606-5398), fax(202-606-5050), or TTY (202-606-5386).”