“SECRETARY OF LABOR,Complainant,v.GILIAN INSTRUMENT CORPORATION,Respondent.OSHRC DOCKET No. 88-2306___ORDER_The parties’ stipulation and settlement agreement is approved.FOR THE COMMISSIONRay H. Darling Jr.Executive SecretaryDated: April 11, 1989————————————————————————ELIZABETH DOLE, SECRETARY OF LABOR,Complainant,v.GILIAN INSTRUMENT CORP.Respondent.OSHRC Docket No. 88-2306_Stipulation and Settlement Agreement_In full settlement and disposition of the instant matter, it isstipulated and agreed by the parties as follows:1. Respondent agrees that the cited equipment will be appropriatelyguarded or withdrawn from service.2. Complainant hereby amends the penalty proposed in connection with thecitation in this matter from $700 to $350.3. Respondent hereby withdraws its notice of contest to the citation andto the notification of proposed penalty as amended above.4. Respondent agrees to pay $350 in full and complete payment of thepenalty within 10 days of the date of this settlement agreement.5. Respondent certifies that a copy of this Stipulation and SettlementAgreement was posted in the workplace on the 1st day of April, 1989, inaccordance with Rules 7 and 100 of the Commission’s Rules of Procedure.There are no authorized representatives of employees.6. Each party bear its own litigation costs and expenses.Dated this 1st day of April, 1989.Gilian Instrument Corp.Jerry G. ThornActing SolicitorCynthia L. AttwoodAssociate Solicitor forOccupational Safetyand HealthDaniel J. MickCounsel for RegionalTrial LitigationSECRETARY OF LABOR,Complainant,v.GILIAN INSTRUMENT CORP.,Respondent.OSHRC Docket No. 88-2306_ __ __ORDER DISMISSING NOTICE OF CONTEST _Respondent, having failed to respond to an order to show cause andpursuant to Rule 41(a) of the Commission’s Rules of Procedure [29 C.F.R.? 2200.41(a)], is hereby declared in default for its failure to complywith Commission Rule 36, 2200.36, requiring the filing of an answer tothe complaint in this cause.Therefore, it is ORDERED:1. The notice of contest is dismissed.2. The citations are affirmed and a penalty in the amount of $700.00 ishereby assessed.Dated this 31st day of January, 1989. PAUL L. BRADYJudge”