Continental Grain Company

“UNITED STATES OF AMERICAOCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION\u00a0 \u00a0 SECRETARY OF LABOR, \u00a0 ???????????????????????????????????????????? Complainant, \u00a0 ???????????????????????? v. OSHRC DOCKET NO. 78-2081 CONTINENTAL GRAIN COMPANY, \u00a0 ????????????????????????????????????????????? Respondent. \u00a0 \u00a0December18, 1978?DIRECTION FOR REVIEW AND ORDERBY THE COMMISSION:??????????? AdministrativeLaw Judge Irving Sommer?s order of November 16, 1978, approving a settlementagreement filed by the parties, is hereby directed for review. Judge Sommer hadapproved a settlement agreement received by the Commission on August 28, 1978,in which the Secretary moved to amend the citation and penalty proposed, andRespondent agreed to comply with the requirements of the Occupational Safetyand Health Act of 1970 (29 U.S.C. ?? 651?78). Thereafter, on November 20, 1978,subsequent to the issuance of Judge Sommer?s order, the parties filed asupplement to this agreement by which Respondent in addition moved to withdrawits notice of contest and certified service of the agreement in accordance withthe Commission?s Rules of Procedure. Accordingly, we hereby correct JudgeSommer?s order to approve the Supplemental as well as the original settlementagreement. The motions contained therein are granted, the citation andnotification of proposed penalty are amended accordingly, and as amended areaffirmed.?SoORDERED.FOR THE COMMISSION:RAY H. DARLING, JR.EXECUTIVE SECRETARYDate: DEC 18, 1978”