“Docket No. 80-7355 Secretary of Labor, Complainant, v.Hardaway Constructors, Inc.,RespondentOSHRC Docket No. 80-7355ORDER 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. 80-7355STIPULATION AND SETTLEMENT AGREEMENT IThe parties hereby enter into this stipulation and settlement agreement as a full andcomplete settlement of the instant case which is presently pending upon review before theOccupational Safety and Health Review Commission.II The parties stipulate as follows:(A) The Occupational Safety and Health Review Commission (hereinafter \”theCommission) has jurisdiction of this matter pursuant to section 10(c) of the OccupationalSafety 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 its office andprincipal place of business located in Columbus, Georgia. It is engaged in the business ofconstruction and during the course of its business its employees are engaged in thisbusiness. During the course of its business respondent uses equipment and material fromplaces located outside the State of Georgia. Respondent was and is an employer engaged ina business affecting commerce within the meaning of sections 3(3) and 3(5) of the Act andemployed employees within the meaning of section 3(6) of the Act.(C) As a result of an inspection conducted on October 17, 1980, at respondent’s workplacein Edgewater, Maryland, a citation item (item 5) for non-serious violation of 29 CFR1918.13(a), later amended to allege a non-serious violation of 29 CPR 1926.605(a)(1),among others, was issued 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, a notification of proposedpenalty recommending a no penalty for the alleged non-serious violation, among others, wassent to respondent by certified mail, return receipt requested.(E) By letter dated December 1, 1980, respondent timely contested the citations and thepenalties proposed therefor. Respondent’s notice of contest was duly transmitted to theCommission.(F) On April 21, 1981, the parties submitted a partial settlement agreement for allcitation items, except item 5, and a stipulation with respect to item 5.(G) In a decision filed on August 5, 1981, the administrative law judge vacated item 5.(H) On June 2, 1981, the Secretary filed a petition for discretionary review and reviewwas directed.III Complainant hereby agrees to withdraw its petition for discretionary review and citationitem 5.IV The parties agree to bear their own expenses and attorney’s fees.VRespondent has posted this stipulation and settlement agreement in accordance withCommission Rule 7(g). There were no affected employees represented by an authorizedemployee representative.WHEREFORE, the parties request the Commission to approve this stipulation and settlementagreement.Signed this 31 day of May, 1983.\u00a0The Administrative Law Judge decision in this matter is unavailable in this format. Toobtain a copy of this document, please request one from our Public Information Office Bye-mail ( [email protected] ), telephone(202-606-5398), fax (202-606-5050), or TTY (202-606-5386).”