“SECRETARY OF LABOR,Complainant.v.PLUM CREEK LUMBER COMPANY,Respondent.OSHRC Docket No. 78-1753_ORDER_The Commission accepts the parties’ Stipulation and Settlement Agreement[[1\/]]FOR THE COMMISSIONRay H. Darling, Jr.Executive SecretaryDated: MAY 25 1984RAYMOND J. DONOVAN, SECRETARY OF LABOR,Complainant,v.PLUM CREEK LUMBER COMPANY,RespondentOSHRC Docket No. 78-1753_STIPULATION AND SETTLEMENT AGREEMENT_I.Complainant, Raymond J. Donovan, Secretary of Labor, and Respondent,Plum Creek Lumber Company, have reached agreement on a full and completesettlement of the instant matter which is currently pending before theCommission.II.(a) Complainant hereby amends Item 1 of Citations Nos. 4, 5, 6, 7, and 9and Items 1(a) and 1(b) of Citation No. 8 to allege serious rather thanwillful violation of the cited standard.(b) Complainant hereby amends the combined penalty of $7,000 assessed bythe Administrative Law Judge for the above citation to $1,000.(c) Respondent hereby withdraws its Notice of Contest to Item 1 ofCitations Nos. 4, 5, 6, 7, and 9 and Items 1(a) and 1(b) of Citation 8.(d) Respondent hereby represents that the conditions alleged in Item 1of Citations Nos. 4, 5, 6, 7, and 9 and Items 1(a) and 1(b) of CitationNo. 8 have been abated by means of engineering controls or by means of acombination of engineering controls and personal protective equipment.STIPULATION AND SETTLEMENT AGREEMENT: Page One(e) Respondent hereby agrees to payment of a combined penalty of $1,000for the above citation.III.(a) Complainant hereby amends Citation No. 10 Items 1(a), 1(b) and 1(c)to allege an other-than-serious rather than a willful violation of thecited standard.(b) Complainant hereby amends and vacates the penalty of $7,000 assessedby the Administrative Law Judge and stipulates that no penalty beassessed for the above.(c) Respondent hereby withdraws its Notice of Contest to Citation No.10, Items 1(a), 1(b) and 1(c).(d) Respondent hereby represents that conditions alleged in Citation 10,Items 1(a), 1(b), and 1(c) have been abated and that it is nowadministering and will continue to administer a continuing, effectivehearing conservation program as required by 29 CFR 1910.95(c) through (r).IV.(a) Respondent hereby withdraws its Notice of Contest to Items 1(a)through (h) of Citation No. 11.(b) Respondent hereby agrees to payment of the combined penalty of $760assessed by the Administrative Law Judge for the above citation.(c) Respondent represents that the condition alleged in Item 1(a)through (h) of Citation No. 11 have been abated by means of engineeringcontrols or by means of a combination of engineering controls andpersonal protective equipment.V.(a) Respondent hereby agrees to withdraw its Notice of Contest to Items1(a), 1(b), and 1(c) of Citation No. 12.STIPULATION AND SETTLEMENT AGREEMENT: Page Two(b) Respondent hereby represents that the condition alleged in Items1(a), 1(b), and 1(c) of Citation No. 12 have been abated by means ofengineering controls or by means of a combination of engineeringcontrols and personal protective equipment.VI.(a) Respondent hereby withdraws its Notice of Contest to Item 3 ofCitation No. 11.(b) Respondent agrees to pay the penalty of $250 assessed by theAdministrative Law Judge for this citation.(c) Respondent hereby represents that the condition alleged in Item 3 ofCitation 11 has been abated.VII.The abatements represented by the Respondent in paragraphs II(d),III(d), IV(c) and V(b) were verified by Complainant’s IndustrialHygienist on March 7, 1984, by means of an onsite inspection.VIII.The agreements, statements, stipulations, findings and actions takenherein regarding this case, which arose under the Occupational Safetyand Health Act, are only made for the purpose of settling theseproceedings economically and amicably and no part of this case shall beused for any purpose, other than proceeding under the OccupationalSafety and Health Administration.Respondent reserves the right to raise any and all of its defenses toany subsequent Citation issued under the same standards as here cited,including issues relating to the validity of those standards. Respondent acknowledges that, by its withdrawal of the notice ofcontest, the citations at issue, as amended herein, become final ordersof the Commission.STIPULATION AND SETTLEMENT AGREEMENT: Page ThreeWHEREFORE, based on the foregoing Stipulation and Settlement Agreement,the parties stipulate that this action should be and hereby is dismissed.Respectfully submitted,FRANCIS X. LILLYDeputy Solicitor of LaborJOHN J. HYNANDeputy Associate Solicitor forOccupational Safety and HealthDANIEL J. MICKCounsel for Regional Trial LitigationJOHN A. AMODEO DATEAssistant Counsel forRegional Trial LitigationCounsel for ComplainantSecretary of Labor GREG R. TICHY DATERepresentative for Respondent,Plum Creek Lumber Co.————————————————————————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).FOOTNOTES:[[1\/]] Commissioner Cleary dissents to this order because of lack ofcertification of service on affected employees.”