C. I. Thornburg Co., Inc.

Plain-English summary

OSHA cited C. I. Thornburg after inspecting pipe work at a West Virginia water-treatment plant. The parties settled before litigating the citation merits. Three citation groupings remained serious with penalties of $1,750 each, while the alleged willful item was amended to unclassified with a $20,000 penalty. Thornburg agreed that abatement was complete, to provide an abatement certification, and to withdraw its notice of contest. The judge approved the settlement and assessed a total penalty of $25,250. The order does not identify the underlying standards.

Decision snapshot

• Cited standard(s): The settlement does not identify the underlying standards.
• Outcome: Settlement approved; three serious groupings and one unclassified item affirmed as amended, with $25,250 in total penalties.
• Key point: The settlement reduced the willful classification while preserving a $20,000 penalty for that item and requiring abatement certification.

Full text (OSHRC public release)

                   UNITED STATES OF AMERICA
       OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION




SECRETARY OF LABOR,
              Complainant,
                    v.                             OSHRC DOCKET NO. 01-1715
C. I. THORNBURG CO., INC.,
               Respondent.

Appearances:
M. Yusuf M. Mohamed, Esq. Douglas J. Suter, Esq.
Office of the Solicitor Isaac, Brant, Ledman & Teetor, LLP.,
U.S. Department of Labor Columbus, OH.
Arlington, VA For the Respondent
For the Complainant.

Before: Judge Covette Rooney

                             DECISION AND ORDER

I Jurisdiction, Background, and Procedural History
This proceeding is before the Occupational Safety and Health Review Commission
pursuant to Section 10(c) the Occupational Safety and Health Act of 1979 (29 U.S.C. §651, et
seq.)(“the Act”). Respondent, C. I. Thornburg Co., Inc., at all times relevant to this action
maintained at a workplace at the Kenova Water Treatment Plant, Kenova, WV., where it was
engaged in pipe work. Respondent admits that it is an employer engaged in a business affecting
commerce and is subject to the requirements of the Act.
From June 26, 2001 to June 27, 2001, the Occupational Safety and Health
Administration conducted an inspection at the subject workplace. As a result of this inspection,
on August 16, 2001, Respondent was issued one citation alleging serious violations of the Act,
with a proposed total penalty in the amount of $5,250.00, and one citation alleging a willful
violation of the Act with a proposed total penalty in the amount of $ 38,500.00. By timely Notice
of Contest, Respondent brought this proceeding before the Review Commission. The case came
to be heard on May 7, 2002, in Charleston, WV.
II Discussion
At the commencement of the hearing, counsel for the Complainant on behalf of all parties
informed the undersigned that in accordance with Review Commission Rule 100, 29 C.F.R.
§2200.100, a settlement had been reached in the instant matter. Counsel for Complainant read
the settlement into the record at the proceeding.
III Order
The terms of the settlement have been reduced to writing and have been submitted. (See
attached Motion for Settlement). The terms of the settlement meet the requirements of Review
Commission Rule 100(b), 29 C.F.R. §100(b). Accordingly, the settlement is approved under 5
U.S.C. §554(c)(1) and Review Commission Rule 100. The terms of the stipulated settlement are
incorporated herein, in their entirety, by reference to this order.
SO ORDERED.

                                                         /s/
                                                   Covette Rooney
                                                   Judge, OSHRC

Dated: June 24, 2002
Washington, D.C.
 OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
WASHINGTON, DC

ELAINE CHAO,
Secretary of Labor,
United States Department of Labor (OSHA),
Petitioner
Docket No. 01-1715
v.
C. I. THORNBURG CO., INC.,
Respondent.

                          STIPULATION OF SETTLEMENT


    The parties hereto, in order to resolve this case amicably without the necessity of further

litigation, hereby agree and stipulate as follows:

    1. Citation Number 1, Item Numbers la and lb shall remain as serious violations, and the

total proposed penalty for Citation Number 1, Item Numbers la and lb shall be $1750.00.
2. Citation Number 1, Item Number 2 shall remain as a serious violation, and the total
proposed penalty for Citation Number I, Item Number 2 shall be $1750.00.
3. Citation Number I, Item Number 3 shall remain a serious violation, and the total
proposed penalty for Citation Number I, Item Number 3 shall be $1750.00.
4. Citation Number 2, Item Number I shall be amended to an unc]assified violation, and
the total proposed penalty for Citation Number 2, Item Number I shall be $20,000.00.
5. Respondent hereby moves the Commission for an Order allowing it to withdraw its
Notice of Contest to the Citations and Notification of Penalty as amended. In support thereof,
Respondent represents:

   A.      That the total penalty of $25,250.00 shall be paid within thirty (30) days

after this Stipulation of Settlement becomes a final order of the Review
Commission;
B. that complete abatement of the conditions noted in the Citations as
amended has been accomplished, and that Respondent agrees to submit an
abatement certification letter stating how abatement was accomplished;
C. that Respondent has posted its Notice of Contest;
D. that a copy of this Stipulation of Settlement was posted in accordance with
the requirements of 29 C.F.R.§§ 2200.100(c) and 2200.7(g) so as to
provide notice to all affected employees at Respondent's facility located at 4034
Altizer Avenue, Huntington, WV 25705 on May 31, 2002.
E. that Respondent agrees to continue to comply with the applicable provisions of
the Occupational Safety and Health Act of 1970, and the applicable safety and
health standards promulgated pursuant to the Act.
6. The Citations and Notification of Penalty as amended shall become a final Order of
the Commission and the parties consent to the entry of the attached Consent Order Entering
Settlement.
7. Each party hereby agrees to bear its own attomeys' fees, costs, and other expenses
incurred by such party in connection with any stage of this proceeding including, but not
limited to, attomeys' fees and costs which may be available under the Equal Access to Justice
Act, as amended.
8. Except for proceedings under the Act, none of the foregoing agreements, statemcuts,
findings and actions taken by Respondent shall be deemed an admission of the allegations
contained within the citations and proposal for penalty. The parties understand and
acknowledge that the legal standards and procedures involved in these administrative
proceedings are not necessarily the same as those involved in civil litigation outside of the Act,
and agree that the agrccmcnts, statements, findings and actions taken herein are made solely for
the purpose of compromising and settling this administrative matter, and may not be used in
any judicial or administrative forum for any other purpose whatsoever, except for proceedings
under the Act. It is specifically understood by the Respondent and OSHA that the compromise
and settlement of this matter is not intended to constitute an admission of civil liability or
responsibility of any kind in any civil personal injury or wrongffil death action; and such civil
liability or responsibility is specifically denied by Respondent.

/s/

Douglas J. Suter Eugene Scalia
Issac, Brant, Ledman & Teetor, LLP Solicitor of Labor
The Midland Building
250 East Broad Street Catherine Oliver Murphy
Columbus, OH 43215-3742 Regional Solicitor

                                                      Douglas N. White
                                                      Associate Regional Solicitor




                                                           s//
                                                      M. YusufM. Mohamed
                                                      Attorney

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
WASHINGTON, DC

ELAINE CHAO,
Secretary of Labor,
United States Department of Labor (OSHA),
Petitioner
v. Do cket No. 01-1715

C. I. THORNBURG CO., INC.,
Respondent.

                     CONSENT ORDER ENTERING SETTLEMENT


          The parties advise that all matters in dispute have been amicably resolved and agree

to entry of the Order set forth below. It is therefore ORDERED that:

          1. The attached Stipulation of Settlement has been entered into by the parties and

the terms thereof are incorporated into this Order.

          2. The citation items and proposed penalties are affirmed, modified or vacated in

accordance with the Stipulation of Settlement.

          3. The total penalty associated with the affirmed citation items amounts to

$25,250.00.

                                                      /s/
                                                  Co vette Rooney
                                              Ju dge, OSHRC