“SECRETARY OF LABOR,Complainant,v.SPRINKLE MASONRY, INC.,Respondent.OSHRC Docket No. 89-2195*_ORDER _*This matter is before the Commission on a Direction for Review enteredby Commissioner Donald G. Wiseman on September 24, 1990. The partieshave now filed a Stipulation and Settlement Agreement.Having reviewed the record, and based upon the representations appearingin the Stipulation and Settlement Agreement, we conclude that this caseraises no matters warranting further review by the Commission. Theterms of the Stipulation and Settlement Agreement do not appear to becontrary to the Occupational Safety and Health Act and are in compliancewith the Commission’s Rules of Procedure.Accordingly, we incorporate the terms of the Stipulation and SettlementAgreement into this order. This is the final order of the Commission inthis case. _See_ 29 U.S.C. ?? 659(c), 660(a) and (b).Edwin G. Foulke, Jr.ChairmanDonald G. WisemanCommissionerVelma MontoyaCommissionerDated: August 22, 1991————————————————————————LYNN MARTIN, SECRETARY OF LABOR,Complainant,v.SPRINKLE MASONRY, INC.,Respondent.OSHRC Docket No. 89-2195*STIPULATION AND SETTLEMENT AGREEMENT*In full settlement and disposition of the issues in this proceeding, itis hereby stipulated and agreed by and between the Complainant,Secretary of Labor, and the Respondent, Sprinkle Masonry, Inc., that:1. This case is before the Commission upon respondent’s contest ofCitation 2, items 1(a) and 1(b), which alleged willful violations of 29C.F.R. 1926.451(a)(4) and 29 C.F.R. 1926.451(d)(10), along with aproposed penalty of $7,000; Citation 3, Items 1(a) and (1)(b), whichalleged repeat violations of 29 C.F.R. 1926.500(e)(1)(iv), along with apropose penalty of $1,000; and Citation 4, Item 1 which alleged another-than-serious violation of 29 C.F.R. 1926.5(a). The citations wereaffirmed by the Commission’s administrative law judge and a combinedpenalty of $6,000 was assessed for the violations of 29 C.F.R.1926.451(a)(4) and 29 C.F.R. 1926.451(d)(10), and a combined penalty of$1,000 was assessed for the two instance violations of 29 C.F.R.1926.500(e)(1)(iv) (Decision and order, August 1, 1990).2. The Secretary hereby amends Citation 2 to characterize the violationsof 29 C.F.R. 1926.451(a)(4) and 29 C.F.R. 1926.451(d)(10) as violationsof Section 17 of the Occupational Safety and Health Act, 29 U.S.C. ?666.3. Respondent hereby withdraws its notice of contest to Citation 2,Items 1(a) and 1(b) as amended above and to the notification of proposedpenalty.4. Respondent agrees that the above-mentioned violations have been abated.5. This Stipulation and Settlement Agreement does not affect the judge’sdisposition of the following citation items: Citation 3, Items 1(a) and1(b); Citation 4, Item 1. The parties agree to the Commission enteringan order affirming these citations and items.Nothing set forth in this Stipulation and Settlement Agreement can beconstrued as an admission of willful conduct on the part of respondentfor any violation for which a notice of contest has been withdrawn. Theparties have entered into this stipulated settlement with the intent andon the basis that is related solely to the disposition of this case andis determinative of issues in this case only. It shall not be bindingin any subsequent actions, proceedings or events consistent with theterms of this Agreement and it in no way affects any rights, defenses,or remedies which may be available in the future to Respondent or anyother party.6. Respondent agrees to submit to the OSHA Area Office $7,000 in fulland complete payment of the penalty within 30 days of this Agreement.7. Respondent certifies that a copy of this Stipulation and SettlementAgreement was posted at the workplace on the 5th day of August, 1991, inaccordance with Rules 7 and 100 of the Commission’s Rules of Procedure. There are no authorized representatives of affected employees.8. Complainant and Respondent will bear their own litigation costs andexpenses.ANTONY F. GILCounsel for the Secretary of Labor, U.S. Department of Labor Office ofthe SolicitorDONALD D. ANDERSONAttorney for Respondent(Sprinkle Masonry)McQuire, Woods, Battle & BootheELIZABETH DOLE, SECRETARY OF LABOR,UNITED STATES DEPARTMENT OF LABOR,Complainant,v.SPRINKLE MASONRY, INC.,and its successors,RespondentOSHRC DOCKET No . 89-2195REGION III_*ORDER GRANTING MOTION TO SEVER*__*AND APPROVING SETTLEMENT*_Complainant having moved to sever Citation 1, Items 1a and 1b from theremaining citations and items litigated in the above captioned docket,and it being represented that Respondent is in agreement with saidMotion, and the parties having advised the undersigned that the saidCitation 1, Items 1a and 1b have been amicably resolved and agree toentry of the Order set forth below,It is therefore *ORDERED*:1. Citation 1, Items 1a and 1b are severed from the remaining citationsand items contested by Respondent and litigated by the parties in thedocket; and2. The Stipulation of Settlement is approved and the terms thereof areincorporated into this order; and3. Items 1a and 1b of Citation 1 are modified in accordance with theStipulation of Settlement; and4. The total penalty associated with Citation 1, Items 1a and 1b amountsto $300.00. Respondent agrees to pay the reduced penalty as set forthin the Stipulation in Settlement.Irving SommerJudge, OSHRCDated: August 21, 1990”