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Field & Associates, Inc.

Field & Associates, Inc.

” SECRETARY OF LABOR,Complainant,v.FIELD & ASSOCIATES, INC.,Respondent.OSHRC Docket No. 87-0931_ORDER_The parties’ Stipulation and Settlement Agreement is approved. Thisorder is issued pursuant to a delegation of authority to the ExecutiveSecretary. 41 Fed. Reg. 37173 (1976), amended at 44 Fed. Reg. 7255 (1979).FOR THE COMMISSIONRay H. Darling, Jr.Executive SecretaryDated: April 4, 1988————————————————————————ANN McLAUGHLIN,SECRETARY OF LABOR,UNITED STATES DEPARTMENT OF LABOR,Complainantv.FIELD & ASSOCIATES, INC.,RespondentOSHRC, DOCKET NO. 87-0931_STIPULATION AND SETTLEMENT AGREEMENT_In full settlement and disposition of the issues in this proceeding, itis hereby stipulated and agreed by and between the Complainant,Secretary of Labor, and the Respondent, Field Associates, Inc., that:1. Respondent represents that the alleged violations have been abatedin that the ladder in question is no longer being used by Respondent;2. Complainant proposes to accept and Respondent agrees to pay toComplainant the sum of $700.00 in settlement of all matters in disputein this proceeding;3. Respondent represents that it has or will pay the above sum in theform of a check made payable to \”DOL-OSHA\” upon the execution of thissettlement agreement. The check in the settlement amount has or will besent to the Cincinnati area office for OSHA;4. Respondent hereby withdraws the Notice of Contest previously filedin case;5. Respondent hereby certifies that a copy of this settlement agreementwas posted at its workplace on this 4th day of January, 1988.6. Each party agrees to bear its own fees and other expenses incurredby such party in connection with any stage of this proceeding;7. The parties have entered into this stipulated settlement solely toavoid protracted and expensive litigation. This settlement is not to beconstrued as an admission, of fault or liability. The parties haveentered into this stipulated settlement with the intent and on the basisthat it is related solely to the disposition of this case and isdeterminative of issues in this case only. It shall not be binding inany subsequent actions, proceedings or events; and it in no way affectsany rights, defenses, or remedies which may be available in the futureto Respondent or any other party, in any other proceeding other than onearising under the Occupational Safety and Health Act at the cited location.Walter A. WildmanAttorney for RespondentMARTIN, BROWNE, HULL & HARPERAntony F. GilAttorney for the Secretary————————————————————————SECRETARY OF LABOR,Complainant,v.FIELD & ASSOCIATES, INC.,Respondent.OSHRC Docket No. 87-0931_ORDER APPROVING SETTLEMENT_Respondent, by letter dated June 12, 1987, from its counsel, contested aserious citation and repeat citation issued to it on May 22, 1987.On January 6, 1988, an executed stipulation and settlement agreement wasreceived from the parties. The agreement having been read andconsidered, it isORDERED:(1) That the terms of settlement are approved and as part of this order;(2) That the serious citation and repeat citation issued to respondenton May 22, 1987, are affirmed in accordance with the terms ofsettlement; and(3) That a total penalty of $700 is assessed for the serious and repeatviolations affirmed in the citations.Date: January 11, 1988JAMES D. BURROUGHSJudge”