“Docket No. 81-2018 SECRETARY OF LABOR, Complainant,v.GERARD CHIMNEY COMPANY, Respondent.OSHRC DOCKET NO. 81-2018ORDER The parties’ Stipulation and Settlement Agreement is approved.FOR THE COMMISSIONRAY H. DARLING, JR.EXECUTIVE SECRETARYDated:\u00a0 FEB 10 1984RAYMOND J. DONOVAN, SECRETARY OF LABOR, Complainant, v.GERARD CHIMNEY COMPANY, Respondent.OSHRC DOCKETNo. 81-2018STIPULATION AND SETTLEMENT AGREEMENT Complainant, Raymond J. Donovan, Secretary of Labor and respondent GerardChimney Corporation, by and through their counsels, hereby stipulate and agree as follows:1.\u00a0 Complainant hereby amends Citation 2, item 1 to allege a repeatedviolation of 29 CFR ? 1926.28(a) rather than a willful violation.\u00a0 Complainantproposes a penalty of $1,000 for such violation.2.\u00a0 Complainant hereby amends Citation 2, item 2(a) and (b) to allege a repeatedviolation of 29 CFR ? 1926.451(a)(4) rather than a willful violation.\u00a0 Complainantproposes a penalty of $1,000 for such violation.3.\u00a0 Respondent hereby withdraws its notice of contest to the above citations asamended and submits that the violations have been abated and shall remain abated. \u00a0Respondent further agrees to payment of the above penalties in the amount of $2000.00.4.\u00a0 Respondent and Complainant agree that each party shall bear its own costs.5.\u00a0 Respondent agrees to post this Stipulation and Settlement Agreement in accordancewith Commission Rule 7.WHEREFORE, based on the foregoing Stipulation and Settlement Agreement, theparties stipulate that this action should be and hereby is dismissed.LINTON W. HENGERER Attorney for Complainant U.S. Department of LaborJEROME R. MANDELSTAMMThe Administrative Law Judge decision in this matter is unavailable in thisformat.\u00a0 To obtain a copy of this document, please request one from our PublicInformation Office by e-mail ( [email protected]), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).”