“Docket No. 78-1753 SECRETARY OF LABOR, Complainant. v.PLUM CREEK LUMBER COMPANY, Respondent.OSHRC Docket No. 78-1753ORDER The Commission accepts the parties’ Stipulation and Settlement Agreement[[1\/]]FOR THE COMMISSION Ray H. Darling, Jr.Executive SecretaryDated:\u00a0 MAY 25 1984RAYMOND J. DONOVAN, SECRETARY OF LABOR, Complainant,v.PLUM CREEK LUMBER COMPANY,RespondentOSHRC Docket No. 78-1753STIPULATION AND SETTLEMENT AGREEMENTI.Complainant, Raymond J. Donovan, Secretary of Labor, and Respondent, Plum Creek LumberCompany, have reached agreement on a full and complete settlement of the instant matterwhich is currently pending before the Commission.II.(a) Complainant hereby amends Item 1 of Citations Nos. 4, 5, 6, 7, and 9 and Items 1(a)and 1(b) of Citation No. 8 to allege serious rather than willful violation of the citedstandard.(b) Complainant hereby amends the combined penalty of $7,000 assessed by theAdministrative Law Judge for the above citation to $1,000.(c) Respondent hereby withdraws its Notice of Contest to Item 1 of Citations 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 1 of Citations Nos.4, 5, 6, 7, and 9 and Items 1(a) and 1(b) of Citation No. 8 have been abated by means ofengineering controls or by means of a combination of engineering controls and personalprotective equipment.STIPULATION AND SETTLEMENT AGREEMENT:\u00a0 Page One(e) Respondent hereby agrees to payment of a combined penalty of $1,000 for the abovecitation.III.(a) Complainant hereby amends Citation No. 10 Items 1(a), 1(b) and 1(c) toallege an other-than-serious rather than a willful violation of the cited standard.(b) Complainant hereby amends and vacates the penalty of $7,000 assessed by theAdministrative Law Judge and stipulates that no penalty be assessed 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 now administering and will continue to administera continuing, effective hearing 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 $760 assessed by theAdministrative Law Judge for the above citation.(c) Respondent represents that the condition alleged in Item 1(a) through (h) of CitationNo. 11 have been abated by means of engineering controls or by means of a combination ofengineering controls and personal protective equipment.V. (a) Respondent hereby agrees to withdraw its Notice of Contest to Items 1(a),1(b), and 1(c) of Citation No. 12.STIPULATION AND SETTLEMENT AGREEMENT:\u00a0 Page Two(b) Respondent hereby represents that the condition alleged in Items 1(a), 1(b), and 1(c)of Citation No. 12 have been abated by means of engineering controls or by means of acombination of engineering controls and personal protective equipment.VI.(a) Respondent hereby withdraws its Notice of Contest to Item 3 of Citation No. 11.(b) Respondent agrees to pay the penalty of $250 assessed by the Administrative Law Judgefor this citation.(c) Respondent hereby represents that the condition alleged in Item 3 of Citation 11 hasbeen abated.VII.The abatements represented by the Respondent in paragraphs II(d), III(d), IV(c) and V(b)were verified by Complainant’s Industrial Hygienist on March 7, 1984, by means of anonsite inspection.VIII.The agreements, statements, stipulations, findings and actions taken herein regarding thiscase, which arose under the Occupational Safety and Health Act, are only made for thepurpose of settling these proceedings economically and amicably and no part of this caseshall be used for any purpose, other than proceeding under the Occupational Safety andHealth Administration.Respondent reserves the right to raise any and all of its defenses to anysubsequent Citation issued under the same standards as here cited, including issuesrelating to the validity of those standards.\u00a0 Respondent acknowledges that, by itswithdrawal of the notice of contest, the citations at issue, as amended herein, becomefinal orders of the Commission.STIPULATION AND SETTLEMENT AGREEMENT:\u00a0 Page ThreeWHEREFORE, based on the foregoing Stipulation and Settlement Agreement, the partiesstipulate that this action should be and hereby is dismissed.Respectfully submitted, FRANCIS X. LILLYDeputy Solicitor of Labor JOHN J. HYNANDeputy Associate Solicitor for Occupational Safety and Health DANIEL J. MICK Counsel for Regional Trial LitigationJOHN A. AMODEO\u00a0 DATEAssistant Counsel for Regional Trial Litigation Counsel for ComplainantSecretary of Labor \u00a0GREG R. TICHY\u00a0 DATERepresentative for Respondent, Plum Creek Lumber Co. The Administrative Law Judge decision in this matter is unavailable in thisformat.\u00a0 To obtain a copy of this document, please request one from our PublicInformation 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.”