“SECRETARY OF LABOR,Complainantv.METAL-FAB, INC.Respondent.OSHRC Docket No. 78-5708ORDERThe parties having complied with the Commission’s Order dated December8, 1982, the Stipulation and Settlement Agreement dated October 71982, is approved.FOR THE COMMISSIONRay H. Darling, Jr.EXECUTIVE SECRETARYDated JAN 21 1983RAYMOND J. DONOVAN, SECRETARY OF LABOR,Complainant,v.METAL FAB, INC.,Respondent.OSHRC DOCKET NO. 78-5708_STIPULATION AND SETTLEMENT AGREEMENT_IThe parties have reached agreement on a full and complete settlement ofthe instant matter which is presently pending before the Commission review.IIThe parties stipulate as follows:(a) The Occupational Safety and Health Review Commission ( hereinafterthe Commission ), has jurisdiction of this matter pursuant to section10(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651et seq.).(b) Respondent, Metal-Fab, Inc. is a corporation with its principalplace of business at 3205 May Street, Wichita, Kansas. Respondent isand was, during the period April 18, 1978 through October 12, 1978, anemployer affecting commerce within the meaning of sections 3(3) and 3(5)of the Act and employed employees within the meaning section 3(6) of theAct.(c) As a result of an inspection conducted between August 30, 1978 andOctober 13, 1978, there issued on November 3, 1978 citations allegingviolations of the OSH Act. Respondent timely contested some of thesecitations and the penalties proposed therefor at a hearing beforeCommission Judge Alan M. Wienman. On March 5, 1980, the Secretary fileda petition for discretionary review with the Commission taking issuewith the judge’s decision insofar as it affirmed citation 2, items 1(a),(b), & (c), alleging willful violations of 29 CFR 1910.217(c) (1) (i),as serious violations. The petition was granted by CommissionerCottine, who also directed review of the issue of whether the judgeerred in vacating Citation 1, item 1(a), alleging a violation of 29 CFR1904.9(b) for failure to maintain an accurate record of employee injury.III(a) Complainant agrees to withdraw its petition for review of thejudge’s decision with regard to the willfulness of the violation of 29CFR 1910.217(c)(1)(i) alleged in citation 2, item 1(a), (b) & (c) andagrees to abide by the judge’s decision that these violations were serious.(b) Respondent hereby agrees to withdraw its notice of contest toCitation 1, item 1(a), and agrees that the judge’s vacation of this itemshould be set aside.IVThe parties hereby agree that Respondent shall pay the sum of $6,470which is the total penalty due Complainant as the result of allcitations issued to Respondent on November 3, 1978, as follows:(a) Respondent shall pay the sum of $647 not later than 30 days afterthe Commission issues an order notifying Respondent that this agreementhas been approved. (the envelop containing respondent’s check shall bepostmarked no later than the 30th day after such order is issued).(b) Respondent shall pay the balance of the $6470 total penalty in equalinstallments of $647 postmarked no later than the 30th day following theprevious payment.(c) In the event that respondent fails to pay any installment when due,the entire unpaid balance of the $6470 total penalty shall become dueimmediately.VThe parties agree that each party will bear its own costs and attorney’sfees.VIRespondent will post the instant Stipulation and Settlement Agreement inaccordance with Rule 7 of the Rules of Procedure of the Commission.WHEREFORE, the parties respectfully request that this Stipulation andSettlement be approved by the Commission and that the judge’s vacationof Citation 1, item 1(a) be set aside in conformity with that agreement.Dated this 7th day of October, 1982. ————————————————————————The Administrative Law Judge decision in this matter is unavailable inthis format. To obtain a copy of this document, please request one fromour Public Information Office by e-mail ( [email protected] ) , telephone (202-606-5398), fax(202-606-5050), or TTY (202-606-5386)”