Hahnel Brother Co.

“SECRETARY OF LABOR,Complainant,v.HAHNEL BROTHERS CO.,Respondent.OSHRC DOCKET NO. 81-0636_ORDER_The Commission approves the parties’ stipulation and settlement agreement.FOR THE COMMISSIONRay H. Darling, Jr.Executive SecretaryDated: MAY 2 1985FORD B. FORD, UNDER SECRETARY OF LABORComplainant,v.HAHNEL BROTHERS COMPANY,Respondent.OSHRC DOCKET NO. 81-0636STIPULATION AND SETTLEMENT AGREEMENTAs a full and complete settlement of this action which is pending beforethe Commission on respondent’s petition for discretionary review of thedecision and order of Administrative Law Judge David J. Knight filed May5, 1983, the parties stipulate and agree as follows:1. The Secretary hereby withdraws the citation issued to respondent onFebruary 11, 1981.2. Respondent agrees that during the performance of built-up roofingwork on low- pitched roofs more than 16 feet above ground it will complywith the requirements of 29 CFR 1926.500(g)(1)(ii), by use of a MSSsystem or a safety monitoring system, whenever its employees workbetween a warning line and the edge of the roof.3. The parties agree that nothing in this stipulation and settlementagreement is to be construed as an admission that respondent violatedthe OSH Act as alleged in the citation.4. Each party will bear its own fees, costs, and expenses as to theentire proceeding.————————————————————————“