“Secretary of Labor,Complainant,v.Hardaway Constructors, Inc.,RespondentOSHRC Docket No. 80-7355_ORDER_The parties’ Stipulation and Settlement Agreement is Approved.For the CommissionRay H. Darling, Jr.Executive SecretaryDated: JUN 15 1983RAYMOND J. DONOVAN, SECRETARY OF LABOR,Complainant,v,HARDAWAY CONSTRUCTORS, INC.,Respondent.OSHRC DOCKET No. 80-7355_STIPULATION AND SETTLEMENT AGREEMENT_IThe parties hereby enter into this stipulation and settlement agreementas a full and complete settlement of the instant case which is presentlypending upon review before the Occupational Safety and Health ReviewCommission.IIThe parties stipulate as follows:(A) The Occupational Safety and Health Review Commission (hereinafter\”the Commission) has jurisdiction of this matter pursuant to section10(c) of the Occupational Safety and Health Act of 1970 (84 Stat. 1590;29 U.S.C. ? 651 et seq.) (hereinafter \”the Act\”).(B) Respondent, Hardaway Constructors, Inc., is a corporation with itsoffice and principal place of business located in Columbus, Georgia. Itis engaged in the business of construction and during the course of itsbusiness its employees are engaged in this business. During the courseof its business respondent uses equipment and material from placeslocated outside the State of Georgia. Respondent was and is an employerengaged in a business affecting commerce within the meaning of sections3(3) and 3(5) of the Act and employed employees within the meaning ofsection 3(6) of the Act.(C) As a result of an inspection conducted on October 17, 1980, atrespondent’s workplace in Edgewater, Maryland, a citation item (item 5)for non-serious violation of 29 CFR 1918.13(a), later amended to allegea non-serious violation of 29 CPR 1926.605(a)(1), among others, wasissued to respondent on November 7, 1980, pursuant to section 9(a) ofthe Act.(D) On November 7, 1980, pursuant to section 10(a) of the Act, anotification of proposed penalty recommending a no penalty for thealleged non-serious violation, among others, was sent to respondent bycertified mail, return receipt requested.(E) By letter dated December 1, 1980, respondent timely contested thecitations and the penalties proposed therefor. Respondent’s notice ofcontest was duly transmitted to the Commission.(F) On April 21, 1981, the parties submitted a partial settlementagreement for all citation items, except item 5, and a stipulation withrespect to item 5.(G) In a decision filed on August 5, 1981, the administrative law judgevacated item 5.(H) On June 2, 1981, the Secretary filed a petition for discretionaryreview and review was directed.IIIComplainant hereby agrees to withdraw its petition for discretionaryreview and citation item 5.IVThe parties agree to bear their own expenses and attorney’s fees.VRespondent has posted this stipulation and settlement agreement inaccordance with Commission Rule 7(g). There were no affected employeesrepresented by an authorized employee representative.WHEREFORE, the parties request the Commission to approve thisstipulation and settlement agreement.Signed this 31 day of May, 1983. ————————————————————————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).”