Hardaway Constructors, Inc. (Commission decision, June 15, 1983)

Plain-English summary

Citation item 5 originally alleged a nonserious violation of section 1918.13(a) and was later amended to section 1926.605(a)(1), with no penalty proposed. The judge vacated the item, and the Secretary obtained discretionary review. In the settlement, the Secretary withdrew both the review petition and item 5, while the parties agreed to bear their own fees and expenses. The Commission approved the agreement.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1918.13(a), later amended to 29 C.F.R. § 1926.605(a)(1).
• Outcome: Citation item 5 withdrawn; no penalty.
• Key point: The Secretary ended review by withdrawing the sole remaining citation item, leaving the rest of the case resolved under the earlier partial settlement.

Full text (OSHRC public release)

Docket No. 80-7355

Secretary of Labor,

Complainant,

v.

Hardaway Constructors, Inc.,

Respondent

OSHRC Docket No. 80-7355

ORDER

The parties' Stipulation and Settlement Agreement is Approved.

For the Commission

Ray H. Darling, Jr.

Executive Secretary

Dated: JUN 15 1983

RAYMOND J. DONOVAN, SECRETARY OF LABOR,

Complainant,

v,

HARDAWAY CONSTRUCTORS, INC.,

Respondent.

OSHRC DOCKET No. 80-7355

STIPULATION AND SETTLEMENT AGREEMENT

I

The parties hereby enter into this stipulation and settlement agreement as a full and complete settlement of the instant case which is presently pending upon review before the Occupational Safety and Health Review Commission.

II

The parties stipulate as follows:

(A) The Occupational Safety and Health Review Commission (hereinafter "the Commission) has jurisdiction of this matter pursuant to section 10(c) of the Occupational Safety and Health Act of 1970 (84 Stat. 1590; 29 U.S.C. 651 et seq.) (hereinafter "the Act").

(B) Respondent, Hardaway Constructors, Inc., is a corporation with its office and principal place of business located in Columbus, Georgia. It is engaged in the business of construction and during the course of its business its employees are engaged in this business. During the course of its business respondent uses equipment and material from places located outside the State of Georgia. Respondent was and is an employer engaged in a business affecting commerce within the meaning of sections 3(3) and 3(5) of the Act and employed employees within the meaning of section 3(6) of the Act.

(C) As a result of an inspection conducted on October 17, 1980, at respondent's workplace in Edgewater, Maryland, a citation item (item 5) for non-serious violation of 29 CFR 1918.13(a), later amended to allege a non-serious violation of 29 CPR 1926.605(a)(1), among others, was issued to respondent on November 7, 1980, pursuant to section 9(a) of the Act.

(D) On November 7, 1980, pursuant to section 10(a) of the Act, a notification of proposed penalty recommending a no penalty for the alleged non-serious violation, among others, was sent to respondent by certified mail, return receipt requested.

(E) By letter dated December 1, 1980, respondent timely contested the citations and the penalties proposed therefor. Respondent's notice of contest was duly transmitted to the Commission.

(F) On April 21, 1981, the parties submitted a partial settlement agreement for all citation items, except item 5, and a stipulation with respect to item 5.

(G) In a decision filed on August 5, 1981, the administrative law judge vacated item 5.

(H) On June 2, 1981, the Secretary filed a petition for discretionary review and review was directed.

III

Complainant hereby agrees to withdraw its petition for discretionary review and citation item 5.

IV

The parties agree to bear their own expenses and attorney's fees.

V

Respondent has posted this stipulation and settlement agreement in accordance with Commission Rule 7(g). There were no affected employees represented by an authorized employee representative.

WHEREFORE, the parties request the Commission to approve this stipulation and settlement agreement.

Signed this 31 day of May, 1983.

The Administrative Law Judge decision in this matter is unavailable in this format. To obtain a copy of this document, please request one from our Public Information Office By e-mail ( [email protected] ), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).