Mark Ciullo Construction Co., Inc.

“SECRETARY OF LABOR,Complainantv.MARK CIULLO CONSTRUCTION CO., INC.,Respondent.OSHRC Docket No. 88-2872 _ORDER_The parties’ Stipulation and Settlement Agreement is approved. Thisorder is issued pursuant to a delegation of authority to the ExecutiveSecretary. 41 Fed. Reg. 37173 (1976), amended at 44 Fed. Reg. 7255 (1979).FOR THE COMMISSIONRay H. Darling, Jr.Executive SecretaryDated: October 12, 1989 ————————————————————————ELIZABETH DOLE, SECRETARY OF LABOR,Complainant,v.CIULLO CONSTRUCTION COMPANY,Respondent.OSHRC Docket No. 88-2872 *STIPULATION AND SETTLEMENT AGREEMENT*In full settlement and disposition of the instant matter, it isstipulated and agreed by the parties as follows:1. Complainant hereby withdraws item 1 of Citation No. 1 issued torespondent on November 10, 1988.2. Complainant hereby amends the penalty proposed in connection withitems 2 through 5 of Citation No. 1 as follows:Items \tProposed \tAmendeditem 2 \t$250 \t$125item 3 \t 300 \t 150item 4 \t 300 \t 150item 5 \t 300 \t 150\t\t$5753. No change is made to Citation No. 2, for which no penalty was proposed.4. Respondent hereby withdraws its notice of contest to the citationsand to the notification of proposed penalty as amended above.5. Respondent agrees to pay $575 in full and complete payment of thepenalty within 30 days of the date of this settlement agreement.6. Respondent certifies that a copy of this Stipulation and SettlementAgreement was posted on the 12 day of September 1989, in accordance withRules 7 and 100 of the Commission’s Rules of Procedure. There are noauthorized representatives of employees.7. Each party will bear its own litigation costs and expenses.Dated this 12 day of September 1989.Ciullo Construction Company Robert P.Davis SolicitorCynthia L. AttwoodAssociate Solicitor forOccupational Safety & HealthDaniel J. MickCounsel for RegionalTrial Litigation————————————————————————SECRETARY OF LABOR,Complainantv.MARK CIULLO CONSTRUCTION CO., INC.RespondentOSHRC DOCKET NO. 88-2872 _ORDER ENTERED UPON SECRETARY’S MOTION TO DISMISS NOTICE OF CONTEST_Respondent, Mark Ciullo Construction Co., Inc. (Ciullo Construction),was cited on November 10, 1988, for alleged serious (citation number 1)and nonserious (citation number 2) violations of several constructionsafety standards and a posting requirement. The Secretary proposed thatpenalties be assessed for citation number 1 in the total amount of$1,500. Ciullo Construction contested the citations and the proposedassessment of penalties.On January 24, 1989, the Secretary served and filed a complaint. Under29 C.F.R. ? 2200.4(b) and 34(d)(1), Ciullo Construction was required tofile an answer by February 27, 1989. To date the answer has yet to be filed.On March 9, 1989, the Secretary served and filed a motion to dismiss thenotice of contest for failure to answer the Secretary’s complaint. Therebeing no response in any manner to the Secretary’s motion to dismiss, it isORDERED that the Secretary’s Motion to dismiss the notice of contest isgranted. It is furtherORDERED that the notice of contest is dismissed, the citations areaffirmed, and penalties are assessed in the total amount of $1,500.RICHARD DeBENEDETTOJudge, OSHRCDated: April 21, 1989Boston, Massachusetts”