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OSHRC Commission decision Docket 88-2306 Decided April 11, 1989 Settled

Gilian Instrument Corporation

Settlement approved with a $350 penalty

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Currency note: this decision dates from 1989
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.
Decision of the Commission
This is a decision of the Occupational Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance; check subsequent history before relying on it. 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

Gilian Instrument agreed to settle after an earlier default order had affirmed the citations and assessed $700. The company agreed to guard the cited equipment appropriately or remove it from service. The Secretary reduced the proposed penalty from $700 to $350, and Gilian withdrew its notice of contest. The Commission approved the parties' settlement agreement.

Decision snapshot

  • Cited standard(s): Not stated in the decision.
  • Outcome: Settlement approved; penalty reduced from $700 to $350.
  • Key point: The employer agreed to guard or withdraw the cited equipment and withdrew its contest in exchange for the reduced penalty.

Full text (OSHRC public release)

Docket No. 88-2306

SECRETARY OF LABOR,

Complainant,

v.

GILIAN INSTRUMENT CORPORATION,

Respondent.

OSHRC DOCKET No. 88-2306

ORDER

The parties' stipulation and settlement agreement is approved.

FOR THE COMMISSION

Ray H. Darling Jr.

Executive Secretary

Dated: April 11, 1989

ELIZABETH DOLE, SECRETARY OF LABOR,

Complainant,

v.

GILIAN INSTRUMENT CORP.

Respondent.

OSHRC Docket No. 88-2306

Stipulation and Settlement Agreement

In full settlement and disposition of the instant matter, it is
stipulated and agreed by the parties as follows:

  1. Respondent agrees that the cited equipment will be
    appropriately guarded or withdrawn from service.

  2. Complainant hereby amends the penalty proposed in connection
    with the citation in this matter from $700 to $350.

  3. Respondent hereby withdraws its notice of contest to the
    citation and to the notification of proposed penalty as amended above.

  4. Respondent agrees to pay $350 in full and complete payment
    of the penalty within 10 days of the date of this settlement agreement.

  5. Respondent certifies that a copy of this Stipulation and
    Settlement Agreement was posted in the workplace on the 1st day of April, 1989, in
    accordance with Rules 7 and 100 of the Commission's Rules of Procedure. There are no
    authorized representatives of employees.

  6. Each party bear its own litigation costs and expenses.

Dated this 1st day of April, 1989.

Gilian Instrument Corp.

Jerry G. Thorn

Acting Solicitor

Cynthia L. Attwood

Associate Solicitor for

Occupational Safety

and Health

Daniel J. Mick

Counsel for Regional

Trial Litigation

SECRETARY OF LABOR,

Complainant,

v.

GILIAN INSTRUMENT CORP.,

Respondent.

OSHRC Docket No. 88-2306

ORDER DISMISSING NOTICE OF CONTEST

Respondent, having failed to respond to an order to show cause
and pursuant to Rule 41(a) of the Commission's Rules of Procedure [29 C.F.R. �
2200.41(a)], is hereby declared in default for its failure to comply with Commission Rule
36, 2200.36, requiring the filing of an answer to the complaint in this cause.

Therefore, it is ORDERED:

  1. The notice of contest is dismissed.

  2. The citations are affirmed and a penalty in the amount of
    $700.00 is hereby assessed.

Dated this 31st day of January, 1989.

PAUL L. BRADY

Judge

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