Gerard Chimney Company (Commission decision, February 10, 1984)

Plain-English summary

The Secretary amended two citation items from willful to repeated violations: one under section 1926.28(a) and one covering two subitems under section 1926.451(a)(4). Gerard Chimney withdrew its notice of contest, represented that the conditions had been and would remain abated, and agreed to pay $1,000 for each item. The parties agreed to bear their own costs, and the Commission approved the settlement.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1926.28(a) and 29 C.F.R. § 1926.451(a)(4).
• Outcome: Repeated violations affirmed by settlement; total penalty $2,000.
• Key point: The approved agreement reduced both disputed items from willful to repeated and resolved the case through abatement commitments and payment.

Full text (OSHRC public release)

Docket No. 81-2018

SECRETARY OF LABOR,

Complainant,

v.

GERARD CHIMNEY COMPANY,

Respondent.

OSHRC DOCKET NO. 81-2018

ORDER

The parties' Stipulation and Settlement Agreement is approved.

FOR THE COMMISSION

RAY H. DARLING, JR.

EXECUTIVE SECRETARY

Dated:  FEB 10 1984

RAYMOND J. DONOVAN, SECRETARY OF LABOR,

Complainant,

v.

GERARD CHIMNEY COMPANY,

Respondent.

OSHRC DOCKET

No. 81-2018

STIPULATION AND SETTLEMENT AGREEMENT

Complainant, Raymond J. Donovan, Secretary of Labor and respondent Gerard Chimney Corporation, by and through their counsels, hereby stipulate and agree as follows:

1. Complainant hereby amends Citation 2, item 1 to allege a repeated
   violation of 29 CFR 1926.28(a) rather than a willful violation.  Complainant proposes a penalty of $1,000 for such violation.

2. Complainant hereby amends Citation 2, item 2(a) and (b) to allege a repeated
   violation of 29 CFR 1926.451(a)(4) rather than a willful violation.  Complainant proposes a penalty of $1,000 for such violation.

3. Respondent hereby withdraws its notice of contest to the above citations as
   amended and submits that the violations have been abated and shall remain abated. Respondent further agrees to payment of the above penalties in the amount of $2000.00.

4. Respondent and Complainant agree that each party shall bear its own costs.

5. Respondent agrees to post this Stipulation and Settlement Agreement in accordance
   with Commission Rule 7.

WHEREFORE, based on the foregoing Stipulation and Settlement Agreement, the parties stipulate that this action should be and hereby is dismissed.

LINTON W. HENGERER

Attorney for Complainant

U.S. Department of Labor

JEROME R. MANDELSTAMM

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