“Docket No. 82-0422 SECRETARY OF LABOR,Complainant,v.METAL BANK OF AMERICA, INC.,Respondent.OSHRC DOCKET NO. 82-0422ORDER The parties’ stipulation and settlement agreement is approved.FOR THE COMMISSION Ray H. Darling, Jr.Executive SecretaryDated: March 20, 1985RAYMOND J . DONOVAN, SECRETARY OF LABOR,Complainant,v.THE METAL BANK OF AMERICA, INC.,Respondent.OSHRC DOCKET NO. 82-0422Stipulation and Settlement AgreementThe parties have reached an agreement on the settlement of the items in this matter. Theparties stipulate as follows: 1. Respondent is a private business enterprise which employs employees. It is engaged incommerce, is subject to the Occupational Safety and Health Act of 1970 and thejurisdiction of the Commission.2. As a result of an OSHA inspection at respondent’s workplace. OSHA issued to respondenta citation for a serious violation of the lead standard, 29 CFR ?1910.1025, and aproposed penalty of $4,280.3. In a stipulation submitted to Judge Jerome Ditore and accepted by the judge, theSecretary agreed to withdraw certain parts of the citation and to reduce the proposedpenalty to $3,000 for the remaining items.4. Pursuant to the instant agreement, respondent agrees to withdraw its notice of contestas to the remaining items before the Commission and also moves to withdraw its petitionfor review of Judge Ditore’s decision of February 24, 1984.5. The Secretary hereby agrees to reduce the penalty for the remaining items to $2,500which respondent hereby agrees to pay immediately.6. Respondent states that it no longer operates a metal recovery operation at the citedfacility but agrees that if metal recovery operations are resumed in whole or in part, itwill comply with the OSHA Act and the cited standards. Respondent further agrees that acopy of this stipulation and settlement agreement will be furnished to any successor ininterest.SIGNED: FEB 25, 1985\u00a0”