Ezel / Agency Decisions / 88-2872-commission
OSHRC Commission decision Docket 88-2872 Decided October 12, 1989 Settled

Mark Ciullo Construction Co., Inc.

Default penalties reduced to $575 by settlement

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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

Mark Ciullo Construction did not answer the Secretary's complaint after contesting serious and nonserious construction citations. An ALJ dismissed the contest by default, affirmed the citations, and assessed $1,500. The parties later settled. The Secretary withdrew Item 1 of Citation 1 and cut the penalties for Items 2 through 5 in half, to a combined $575. Citation 2 remained unchanged with no penalty, and the employer withdrew its contest and agreed to pay the amended amount. The Commission approved the settlement.

Decision snapshot

  • Cited standard(s): None identified in the decision.
  • Outcome: Settlement approved for $575; one serious item withdrawn and the remaining penalized items reduced from the default assessment.
  • Key point: The approved settlement replaced the $1,500 default result with a withdrawn item and substantially lower penalties.

Full text (OSHRC public release)

Docket No. 88-2872

SECRETARY OF LABOR,

Complainant

v.

MARK CIULLO CONSTRUCTION CO., INC.,

Respondent.

OSHRC Docket No. 88-2872

ORDER

The parties' Stipulation and Settlement Agreement is
approved. This order is issued pursuant to a delegation of authority to the Executive
Secretary. 41 Fed. Reg. 37173 (1976), amended at 44 Fed. Reg. 7255 (1979).

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

Dated: October 12, 1989

ELIZABETH DOLE, SECRETARY OF LABOR,

Complainant,

v.

CIULLO CONSTRUCTION COMPANY,

Respondent.

OSHRC Docket No. 88-2872

STIPULATION AND SETTLEMENT AGREEMENT

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

  1. Complainant hereby withdraws item 1 of Citation
    No. 1 issued to respondent on November 10, 1988.

  2. Complainant hereby amends the penalty proposed in
    connection with items 2 through 5 of Citation No. 1 as follows:

Items
Proposed
Amended

item 2
$250
$125

item 3
  300
  150

item 4
  300
  150

item 5
  300
  150

$575

  1. No change is made to Citation No. 2, for which no penalty was proposed.

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

  3. Respondent agrees to pay $575 in full and complete
    payment of the penalty within 30 days of the date of this settlement agreement.

  4. Respondent certifies that a copy of this
    Stipulation and Settlement Agreement was posted on the 12 day of September 1989, in
    accordance with Rules 7 and 100 of the Commission's Rules of Procedure. There are no
    authorized representatives of employees.

  5. Each party will bear its own litigation costs and
    expenses.

Dated this 12 day of September 1989.

Ciullo Construction Company

Robert P.
Davis                                                                  

Solicitor

Cynthia L. Attwood

Associate Solicitor for

Occupational Safety & Health

Daniel J. Mick

Counsel for Regional

Trial Litigation

SECRETARY OF LABOR,

Complainant

v.

MARK CIULLO CONSTRUCTION CO., INC.

Respondent

OSHRC DOCKET NO. 88-2872

ORDER ENTERED UPON SECRETARY'S MOTION TO DISMISS
NOTICE OF CONTEST

Respondent, Mark Ciullo Construction Co., Inc.
(Ciullo Construction), was cited on November 10, 1988, for alleged serious (citation
number 1) and nonserious (citation number 2) violations of several construction safety
standards and a posting requirement. The Secretary proposed that penalties be assessed for
citation number 1 in the total amount of $1,500. Ciullo Construction contested the
citations and the proposed assessment of penalties.

On January 24, 1989, the Secretary served and filed a
complaint. Under 29 C.F.R. � 2200.4(b) and 34(d)(1), Ciullo Construction was required to
file an answer by February 27, 1989. To date the answer has yet to be filed.

On March 9, 1989, the Secretary served and filed a
motion to dismiss the notice of contest for failure to answer the Secretary's complaint.
There being no response in any manner to the Secretary's motion to dismiss, it is

ORDERED that the Secretary's Motion to dismiss the notice of contest is granted. It
is further

ORDERED that the notice of contest is dismissed, the citations are affirmed, and
penalties are assessed in the total amount of $1,500.

RICHARD DeBENEDETTO

Judge, OSHRC

Dated: April 21, 1989

Boston, Massachusetts

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