Ezel / Agency Decisions / 00-1995-alj
OSHRC ALJ decision Docket 00-1995 Decided September 28, 2001 Settled Judge Irving Sommer

Barajas & F Construction & Succ.

Settlement agreement approved

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This order from 2001 bound only the parties to this case; it isn't precedent. Ezel answers your situation under the current OSHA standards and Commission precedent, with citations.

Currency note: this decision dates from 2001
The OSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final order, not Commission precedent
This decision by an OSHRC Administrative Law Judge became a final order of the Commission because no Commissioner directed review (29 U.S.C. § 661(j)). It binds the parties but is not binding precedent in other cases. The full text below is from the official OSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official OSHRC release. The full text is the Commission's own document.
Read the official release (oshrc.gov)

Plain-English summary

OSHA issued Barajas & F Construction a serious citation after inspecting a worksite in The Colony, Texas. The employer timely contested the citation, and the parties reached an agreement at the hearing. The judge approved their executed settlement agreement, which resolved the case in full. The decision does not identify the cited standard or disclose the settlement terms.

Decision snapshot

  • Cited standard(s): The decision does not identify the standard in the settled citation.
  • Outcome: Settlement agreement approved, resolving the case in full.
  • Key point: A settlement stated at the hearing and later submitted as an executed agreement was approved.

Full text (OSHRC public release)

                    UNITED STATES OF AMERICA
        OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION


                                          :

SECRETARY OF LABOR, :
:
Complainant, :
:
v. : Docket No. 00-1995
:
BARAJAS & F CONSTRUCTION :
& SUCC., :
:
Respondent. :
:
:

Appearances: Sheryl Vieyar, Esq., Leonardo Barajas, President,
For the Secretary For the Respondent
DECISION AND ORDER
This proceeding is before the Occupational Safety & Health Review Commission pursuant
to section 10 of the Occupational Safety and Health Act of 1970, 29 U.S.C. sec 651 et seq.
Following an inspection of a work site in The Colony, Texas, the Occupational Safety and
Health Administration issued a serious citation to the Respondent who timely contested the citation
and proposed penalty, and on June 27, 2001 this matter came on to be heard in Dallas, Texas. No
jurisdictional issues are in dispute, sufficient facts having been pleaded to establish that the
Respondent is subject to the Act, and the Commission has jurisdiction of the parties and of the
subject matter.
At the hearing both sides came to an agreement, and the terms of the settlement were read
into the record. The parties have now submitted an executed settlement agreement incorporating the
terms of the settlement. The written settlement agreement disposes of this matter in its entirety.
ORDER

The submitted settlement agreement is APPROVED.

SO ORDERED
/s/
IRVING SOMMER
Chief Judge
DATED: 27 AUG 2001
Washington, D.C.

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