F. Benson & Company, Inc.

Plain-English summary

The parties reported that their earlier stipulation and joint motion mistakenly included citation items already deleted by OSHA and therefore overstated the remaining penalty as $864 instead of $576. Because the record did not contain a corrected stipulation showing the parties' intent and the status of the deletions, the Commission vacated the judge's order and remanded for further proceedings.

Decision snapshot

• Cited standard(s): Not identified in the Commission order.
• Outcome: Judge's order vacated; case remanded.
• Key point: A settlement-based order cannot stand when the parties identify material errors in the stipulation and the record does not establish the intended citation deletions and penalty.

Full text (OSHRC public release)

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EN-US
X-NONE
X-NONE

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY
OF LABOR,

��������������������������������������������
Complainant,

������������������������ v.

OSHRC
DOCKET NO. 80�3463

F.BENSON
& COMPANY, INC.,

���������������������������������������������
Respondent.

December 31, 1980

DIRECTION FOR REVIEW AND REMAND ORDER

����������� This
case is directed for review pursuant to Section 12(j), 29 U.S.C. � 661(i), of the
Occupational Safety and Health Act of 1970, 29 U.S.C. �� 651�678.

����������� Subsequent
to the filing of the Administrative Law Judge�s Order of December 4, 1980 the
parties notified the Judge that the Stipulation and Joint Motion previously
submitted was in error.

����������� The
parties now represent that item numbers 1 and 2 of Citation No. 1; and item
number 3 of Citation No. 2 had been previously deleted by the Fort Lauderdale,
Florida, OSHA Area Office. As a result of the deletion of the above items the
corrected total penalty for the remaining items should be $576.00 as opposed to
the $864,00 so stated.

����������� On
the basis of the record as it now stands we are unable to determine without the
appropriate Stipulation and Joint Motion the intent of the parties herein and
whether said deletions have been properly brought before the Commission.

����������� Accordingly,
the Judge�s Order is vacated and the case is remanded for further proceedings.
SO ORDERED.

�

FOR THE COMMISSION

�

RAY H. DARLING, JR.

EXECUTIVE SECRETARY

Dated: December 31 1980

[No ALJ decision available].