American Cyanamid Company (Commission decision, October 21, 1983)

Plain-English summary

The Secretary, the authorized employee representative, and American Cyanamid withdrew their respective petitions for discretionary review. The company agreed to pay $100 for citation 2, item 1c, and $1,000 for item 1e, and represented that both conditions had been abated. The Commission approved the agreement, allowing the judge's decision to stand as an unreviewed order.

Decision snapshot

• Cited standard(s): The official release does not identify the standards underlying items 1c and 1e.
• Outcome: Settlement approved; total penalty $1,100; judge's decision affirmed as an unreviewed order.
• Key point: All parties ended discretionary review through a settlement confirming abatement and agreed penalties for the two remaining citation items.

Full text (OSHRC public release)

Docket No. 79-2438

SECRETARY OF LABOR,

Complainant,

v.

AMERICAN CYANAMID COMPANY,

Respondent.

OSHRC Docket No. 79-2438

ORDER

The Parties' Stipulation and Settlement Agreement is Approved.

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

Dated: OCT 21 1983

RAYMOND J. DONOVAN, SECRETARY OF LABOR,

Complainant,

v.

AMERICAN CYANAMID COMPANY,

Respondent.

OIL, CHEMICAL AND ATOMIC WORKERS

INTERNATIONAL UNION and its

LOCAL 3-499,

AUTHORIZED EMPLOYEE REPRESENTATIVE

OSHRC DOCKET No. 79-2438

STIPULATION AND SETTLEMENT AGREEMENT

I

The parties have reached agreement on a full and complete settlement of the issues remaining before the Occupational Safety and Health Review Commission.

II

The Parties stipulate as follows:

(a) Complainant hereby withdraws his petition for discretionary review.

(b) The Authorized Employee Representative hereby withdraws his petition for discretionary review.

(c) Respondent hereby withdraws its conditional petition for discretionary review.

(d) Respondent hereby promises to pay, within thirty days following the entry of a final order approving this Settlement Agreement, a civil penalty of $100 with respect to item 1c of Citation number 2 and a civil penalty of $1,000 with respect to item 1e of Citation number 2.

(e) Respondent hereby represents that the conditions cited in items 1c and 1e of Citation number 2 have been abated.

(f) Respondent hereby agrees to post this Stipulation and Settlement agreement in accordance with Commission Rules 7 and 100(c).

WHEREFORE, the parties request that this Stipulation and Settlement Agreement be approved by the Commission and that the Judge's Decision be affirmed as an unreviewed order.

Date: June 27, 1983