Ezel / Agency Decisions / 03-0029-alj
OSHRC ALJ decision Docket 03-0029 Decided September 2, 2003 Settled Judge Irving Sommer

Navillus Tile, Inc., d/b/a Navillus Contracting

Settlement approved

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This order from 2003 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 2003
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 It binds the parties but is not binding precedent in other cases.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 Navillus Tile two citations alleging serious and repeat violations after inspecting a New York City worksite. During the hearing, the parties reached a complete settlement and later reduced it to a signed written stipulation. The judge approved and incorporated the settlement, but the decision does not identify the cited standards, final classifications, or penalties.

Decision snapshot

  • Cited standard(s): The order does not identify the substantive OSHA standards.
  • Outcome: The parties' stipulated settlement was approved in full.
  • Key point: The approved settlement, rather than a merits ruling, resolves the citations and penalties.

Full text (OSHRC public release)

SECRETARY OF LABOR,
Complainant,
v. Docket No. 03-0029
NAVILLUS TILE, INC.,
Respondent

Appearances:
Mychelle Morgan, Esq. Mr. Keith B. Dague
For the Secretary For the Respondent

Before: Chief Judge Irving Sommer

                                DECISION AND ORDER

   This is a proceeding under Section 10(c) of the Occupational Safety and Health Act of 1970,

29 U.S.C. 651 et seq.(the Act) to review citations issued by the Secretary of Labor pursuant to
Section 9(a) of the Act, and the proposed assessment of penalties therein issued, under Section 10(a)
of the Act.
Following an inspection of respondent's business site in New York, N.Y., the Secretary of
Labor issued two citations charging serious and repeat violations of the standards. The Respondent
timely contested the citations. Following the filing of a complaint and answer and pursuant to a
notice of hearing, the case came on to be heard in New York, N.Y. on June 4, 2003. No jurisdictional
issues are in dispute, the parties having pleaded sufficient facts to establish that the Respondent is
subject to the Act and the Commission has jurisdiction of the parties and the subject matter.

                                      DISCUSSION
   At the hearing, the parties were able to achieve a settlement through the diligent efforts of

their designated representatives and with the assistance of the Court. The settlement, which has now
been reduced to a written stipulated settlement and has been signed by both parties, disposes of this
matter in its entirety.
ORDER
The terms and conditions of the stipulated settlement, incorporated herein its entirety, are
approved.
/s/
IRVING SOMMER
Chief Judge
DATED: August 1, 2003
Washington, D.C.

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