“UNITED STATES OF AMERICAOCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION \u00a0 SECRETARY OF LABOR, \u00a0 ???????????????????????????????????????????? Complainant, \u00a0 ???????????????????????? v. OSHRC DOCKET NO. 79?1407 \u00a0 L. A. DREYFUS COMPANY, \u00a0 \u00a0 ????????????????????????????????????????????? Respondent. \u00a0 \u00a0November 25, 1980ORDERThe Parties? Stipulation and Settlement Agreementdated March 27, 1980, is approved.?FOR THE COMMISSION:?RAY H. DARLING, JR.EXECUTIVE SECRETARYDATED NOV 25, 1980\u00a0\u00a0UNITED STATES OF AMERICAOCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION \u00a0 SECRETARY OF LABOR, \u00a0 ???????????????????????????????????????????? Complainant, \u00a0 ???????????????????????? v. OSHRC DOCKET NO. 79?1407 \u00a0 L. A. DREYFUS COMPANY, \u00a0 \u00a0 ????????????????????????????????????????????? Respondent. \u00a0 \u00a0March 27, 1980STIPULATION AND SETTLEMENT AGREEMENTI??????????? Theparties hereby enter into this stipulation and settlement agreement as a fulland complete settlement of the instant case which is presently pending uponreview before the Occupational Safety and Health Review Commission.II??????????? Theparties stipulate as follows:??????????? (A)The Occupational Safety and Health Review Commission (hereinafter ?theCommission?) has jurisdiction of this matter pursuant to section 10(c) of theOccupational Safety and Health Act of 1970 (84 Stat. 1590; 29 U.S.C. ? 651 et.seq.) (hereinafter ?the Act?).??????????? ?(B) Respondent, L.A. Dreyfus Company, is acorporation with its office and place of business located in Edison, New Jerseywhere it manufactures chewing gum base. During the course of its business itsemployees are engaged in this manufacturing enterprise. Respondent usesequipment and material from places located outside the State of New Jersey.Respondent was and is an employer engaged in a business affecting commercewithin the meaning of sections 3(3) and 3 (5) of the Act and employed employeeswithin the meaning of section 3 (6) of the Act.??????????? (C)As a result of an inspection conducted between January 11, 1979 and January 26,1979, at respondent?s workplace, one citation for a repeated violation of 29CFR 1910.212(a)(3)(ii) was issued to respondent on March 2, 1979, pursuant tosection 9(a) of the Act.??????????? (D)On March 2, 1979, pursuant to section 10(a) of the Act, a notice of proposedpenalty recommending a penalty of $360.00 was sent to respondent by certifiedmail, return receipt requested.??????????? (E)By letter dated March 16, 1979, respondent timely contested the citation andproposed penalty. Respondent?s notice of contest was duly transmitted to theCommission.??????????? (F) Ahearing was held on the contest on June 29, 1979. The administrative law judgefiled his decision and order of October 22, 1979. In his decision the judgemodified the classification of the violation from repeated to non-serious andassessed no penalty.??????????? (G)On November 8, 1979, the Secretary filed a petition for discretionary review,in which he excepted to the judge?s classification of the violation. OnNovember 21, 1979 Commission Bertram R. Cottinedirected the case for review.III??????????? Complainanthereby agrees to classify the violation as serious, not repeated, and to reducethe penalty proposed for the violation of 29 CFR 1910.212(a)(3)(ii) from$360.00 to $200.00. Furthermore, Complainant hereby agrees to withdraw itspetition for discretionary review of the judge?s decision.IV??????????? Respondenthereby agrees to withdraw its notice of contest of the citation and the penaltyproposed therefor, as amended above, submits that it has abated the violation ofthe Act set forth in the citation, and agrees to pay the proposed penalty, asamended above ($200.00).V??????????? (A)Respondent?s consent to this stipulation and settlement agreement does notconstitute an admission of violation of the Act in any proceedings except thosebrought under the Act.??????????? (B)Nothing in this stipulation and settlement agreement constitutes a concessionby the Secretary that the administrative law judge correctly stated the law onrepeated violations or correctly classified the violation in the instant case.VI??????????? Respondentagrees to post this Stipulation and Settlement Agreement in accordance withCommission Rule 7. WHEREFORE, the parties request the Commission to approvethis Stipulation and Settlement Agreement.?FOR THE COMPLAINANT?FOR THE RESPONDENT?Dated this 27th day of March 1980.\u00a0”