“WILLIAM E. BROCK, SECRETARY OF LABOR,Complainant,v.ENGLE, INC.,Respondent.OSHRC DOCKET NO. 85-0212_STIPULATION AND SETTLEMENT AGREEMENT_IThe parties have reached a full and complete settlement of theabove-captioned matter presently pending on review before theOccupational Safety and Health Review Commission. The parties herebyagree as follows:II(a)The Occupational Safety and Health Review Commission (hereinafter the\”Commission\”) has jurisdiction of this matter pursuant to Section 10(c)of the Occupational Safety and Health Act of 1970 (84 Stat. 1590; 29U.S.C. ? et seq.) (hereinafter the \”Act).(b)Respondent, Engle, Inc., is a corporation with its principal place ofbusiness located at 1307 Vine Street, Jackson, Mississippi. It was atall time material to this proceeding engaged in the business ofconstruction and during the course of its business its employeesperformed various tasks in the nature construction on and aroundconstruction worksites. During the course of its business, respondentuses material and equipment which it received from places locatedoutside Mississippi. Respondent, as a result of the aforesaidactivities, is an employer engaged in a business affecting commerce asdefined by section 3(3) and 3(5) of the Act, and has employees asdefined by Section 3(6) of the act, and is subject to the requirementsof the Act.(c) As a result of an inspection conducted on January 30, 1985, atrespondent’s workplace at 6360 Ridgewood Road, Jackson, Mississippi, acitation for one serious violation was issued to respondent on February25, 1985, pursuant to Section 9(a) of the Act. The citation alleged aviolation of 29 CFR ? 1926.451(e)(8). A notification of proposed penaltyin the amount of $240 was also issued to respondent on February 25, 1985.(d) Respondent filed a timely notice of contest to the citation andpenalty with the Secretary of Labor. The contest was duly transmitted tothe Commission. A hearing was held was before Commission AdministrativeLaw Judge James D. Burroughs. Thereafter the judge issued a decision andorder affirming the citation and assessing a penalty of $150 therefor.Respondent, thereafter, filed a petition for discretionary review withthe Commission. The petition was granted by the Commission on November26, 1985.III(a)(1) Complainant hereby agrees to reduce the statutorycharacterization of the citation from serious to other-than-serious(2) Complainant agrees to reduce the penalty $0.(b)(1) Respondent hereby agrees to withdraw its notice of contest to thecitation and penalty as amended in section III(a) above.(2) Respondent avers that the violation of the Act has been abated andshall remain abated.(3) Respondent agrees to post this Stipulations and Settlement Agreementin accordance with Commission Rule 7.IV.Each party agrees to bear all of its own attorney fees, costs, andexpenses arising out of and incidental to the instant matter.WHEREFORE, the parties agree that under the above-noted conditions thismatter docketed before the Commission as Docket No. 85-0212 is herebysettled.FOR COMPLAINANT Daniel J. MickFOR RESPONDENT Paul E. Engle, Jr. Secy\/Treas., ENGLE, INC.DATE July 30, 1986————————————————————————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).”