“SECRETARY OF LABOR,Complainant,v.GERARD CHIMNEY COMPANY,Respondent.OSHRC DOCKET NO. 81-2018_ORDER_The parties’ Stipulation and Settlement Agreement is approved.FOR THE COMMISSIONRAY H. DARLING, JR.EXECUTIVE SECRETARYDated: FEB 10 1984RAYMOND J. DONOVAN, SECRETARY OF LABOR,Complainant,v.GERARD CHIMNEY COMPANY,Respondent.OSHRC DOCKETNo. 81-2018_STIPULATION AND SETTLEMENT AGREEMENT _Complainant, Raymond J. Donovan, Secretary of Labor and respondentGerard Chimney Corporation, by and through their counsels, herebystipulate and agree as follows:1. Complainant hereby amends Citation 2, item 1 to allege a repeatedviolation of 29 CFR ? 1926.28(a) rather than a willful violation. Complainant proposes a penalty of $1,000 for such violation.2. Complainant hereby amends Citation 2, item 2(a) and (b) to allege arepeated violation of 29 CFR ? 1926.451(a)(4) rather than a willfulviolation. Complainant proposes a penalty of $1,000 for such violation.3. Respondent hereby withdraws its notice of contest to the abovecitations as amended and submits that the violations have been abatedand shall remain abated. Respondent further agrees to payment of theabove penalties in the amount of $2000.00.4. Respondent and Complainant agree that each party shall bear its owncosts.5. Respondent agrees to post this Stipulation and Settlement Agreementin accordance with Commission Rule 7.WHEREFORE, based on the foregoing Stipulation and Settlement Agreement,the parties stipulate that this action should be and hereby is dismissed.LINTON W. HENGERERAttorney for ComplainantU.S. Department of LaborJEROME R. MANDELSTAMM————————————————————————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).”