“Docket No. 78-5708 SECRETARY OF LABOR, Complainantv.METAL-FAB, INC.Respondent.OSHRC Docket No. 78-5708ORDER The parties having complied with the Commission’s Order dated December 8, 1982, theStipulation and Settlement Agreement dated October 7 1982, 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. 78-5708STIPULATION AND SETTLEMENT AGREEMENTIThe parties have reached agreement on a full and complete settlement of the instantmatter which is presently\u00a0 pending before the Commission review.IIThe parties stipulate as follows:(a) The Occupational Safety and Health Review Commission ( hereinafter the Commission), has jurisdiction of this matter pursuant to section 10(c) of the Occupational Safetyand Health Act of 1970 (29 U.S.C. 651 et seq.).(b) Respondent, Metal-Fab, Inc. is a corporation with its principal place of businessat 3205 May Street, Wichita, Kansas.\u00a0 Respondent is and was, during the period April18, 1978 through October 12, 1978, an employer affecting commerce within the meaning ofsections 3(3) and 3(5) of the Act and employed employees within the meaning section 3(6)of the Act.(c) As a result of an inspection conducted between August 30, 1978 and October 13,1978, there issued on November 3, 1978 citations alleging violations of the OSH Act.\u00a0 Respondent timely contested some of these citations and the penalties proposedtherefor at a hearing before Commission Judge Alan M. Wienman.\u00a0 On March 5, 1980, theSecretary filed a petition for discretionary review with the Commission taking issue withthe 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.\u00a0 The petition was granted by Commissioner Cottine, who also directed review of theissue of whether the judge erred in vacating Citation 1, item 1(a), alleging a violationof 29 CFR 1904.9(b) for failure to maintain an accurate record of employee injury.III(a) Complainant agrees to withdraw its petition for review of the judge’s decision withregard to the willfulness of the violation of 29 CFR 1910.217(c)(1)(i) alleged in citation2, item 1(a), (b) & (c) and agrees to abide by the judge’s decision that theseviolations were serious.(b) Respondent hereby agrees to withdraw its notice of contest to Citation 1, item1(a), and agrees that the judge’s vacation of this item should be set aside.IVThe parties hereby agree that Respondent shall pay the sum of $6,470 which is the totalpenalty due Complainant as the result of all citations issued to Respondent on November 3,1978, as follows:(a) Respondent shall pay the sum of $647 not later than 30 days after the Commissionissues an order notifying Respondent that this agreement has been approved.\u00a0 (theenvelop containing respondent’s check shall be postmarked no later than the 30th day aftersuch order is issued).(b) Respondent shall pay the balance of the $6470 total penalty in equal installmentsof $647 postmarked no later than the 30th day following the previous payment.(c) In the event that respondent fails to pay any installment when due, the entireunpaid balance of the $6470 total penalty shall become due immediately.VThe parties agree that each party will bear its own costs and attorney’s fees.VIRespondent will post the instant Stipulation and Settlement Agreement in accordancewith Rule 7 of the Rules of Procedure of the Commission.WHEREFORE, the parties respectfully request that this Stipulation and Settlement beapproved by the Commission and that the judge’s vacation of Citation 1, item 1(a) be setaside in conformity with that agreement.Dated this 7th day of October, 1982. \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)”