Sprinkle Masonry, Inc.

Plain-English summary

Sprinkle Masonry contested scaffold items alleged as willful, two repeat ladder-related instances, and an other-than-serious item. Under the settlement, the Secretary removed the willful characterization from the scaffold violations and Sprinkle Masonry withdrew its contest to those items. The judge's dispositions of the repeat and other-than-serious items remained unchanged. The employer stated that the scaffold violations had been abated and agreed to pay $7,000. The Commission approved and incorporated the agreement as its final order.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1926.451(a)(4); 29 C.F.R. § 1926.451(d)(10); 29 C.F.R. § 1926.500(e)(1)(iv); 29 C.F.R. § 1926.5(a)
• Outcome: Settled. The willful characterization was removed and the employer agreed to pay $7,000.
• Key point: The settlement preserved the violations while eliminating any admission or finding of willful conduct on the scaffold items.

Full text (OSHRC public release)

Docket No. 89-2195

SECRETARY OF LABOR,

Complainant,

v.

SPRINKLE MASONRY, INC.,

Respondent.

OSHRC Docket No. 89-2195

ORDER

This matter is before the Commission on a
Direction for Review entered by Commissioner Donald G. Wiseman on September 24,
1990.  The parties have now filed a Stipulation and Settlement Agreement.

Having reviewed the record, and based upon the
representations appearing in the Stipulation and Settlement Agreement, we conclude that
this case raises no matters warranting further review by the Commission.  The terms
of the Stipulation and Settlement Agreement do not appear to be contrary to the
Occupational Safety and Health Act and are in compliance with the Commission's Rules of
Procedure.

Accordingly, we incorporate the terms of the
Stipulation and Settlement Agreement into this order.  This is the final order of the
Commission in this case.  See 29 U.S.C. �� 659(c), 660(a) and (b).

Edwin G. Foulke, Jr.

Chairman

Donald G. Wiseman

Commissioner

Velma Montoya

Commissioner

Dated: August 22, 1991

LYNN MARTIN, SECRETARY OF LABOR,

Complainant,

v.

SPRINKLE MASONRY, INC.,

Respondent.

OSHRC Docket No. 89-2195

STIPULATION AND SETTLEMENT AGREEMENT

In full settlement and disposition of the issues
in this proceeding, it is hereby stipulated and agreed by and between the Complainant,
Secretary of Labor, and the Respondent, Sprinkle Masonry, Inc., that:

1. This case is before the Commission upon
   respondent's contest of Citation 2, items 1(a) and 1(b), which alleged willful violations
   of 29 C.F.R. 1926.451(a)(4) and 29 C.F.R. 1926.451(d)(10), along with a proposed penalty
   of $7,000; Citation 3, Items 1(a) and (1)(b), which alleged repeat violations of 29 C.F.R.
   1926.500(e)(1)(iv), along with a propose penalty of $1,000; and Citation 4, Item 1 which
   alleged an other-than-serious violation of 29 C.F.R. 1926.5(a).  The citations were
   affirmed by the Commission's administrative law judge and a combined penalty of $6,000 was
   assessed for the violations of 29 C.F.R. 1926.451(a)(4) and 29 C.F.R. 1926.451(d)(10), and
   a combined penalty of $1,000 was assessed for the two instance violations of 29 C.F.R.
   1926.500(e)(1)(iv) (Decision and order, August 1, 1990).

2. The Secretary hereby amends Citation 2 to characterize the violations of 29 C.F.R.
   1926.451(a)(4) and 29 C.F.R. 1926.451(d)(10) as violations of Section 17 of the
   Occupational Safety and Health Act, 29 U.S.C. �666.

3. Respondent hereby withdraws its notice of
   contest to Citation 2, Items 1(a) and 1(b) as amended above and to the notification of
   proposed penalty.

4. Respondent agrees that the above-mentioned
   violations have been abated.

5. This Stipulation and Settlement Agreement
   does not affect the judge's disposition of the following citation items: Citation 3, Items
   1(a) and 1(b); Citation 4, Item 1.  The parties agree to the Commission entering an
   order affirming these citations and items.

Nothing set forth in this Stipulation and
Settlement Agreement can be construed as an admission of willful conduct on the part of
respondent for any violation for which a notice of contest has been withdrawn.  The
parties have entered into this stipulated settlement with the intent and on the basis that
is related solely to the disposition of this case and is determinative of issues in this
case only.   It shall not be binding in any subsequent actions, proceedings or events
consistent with the terms of this Agreement and it in no way affects any rights, defenses,
or remedies which may be available in the future to Respondent or any other party.

6. Respondent agrees to submit to the OSHA Area Office $7,000 in full and
   complete payment of the penalty within 30 days of this Agreement.

7. Respondent certifies that a copy of this
   Stipulation and Settlement Agreement was posted at the workplace on the 5th day of August,
   1991, in accordance with Rules 7 and 100 of the Commission's Rules of Procedure. 
   There are no authorized representatives of affected employees.

8. Complainant and Respondent will bear their
   own litigation costs and expenses.

ANTONY F. GIL

Counsel for the Secretary of Labor, U.S. Department of Labor Office of the
Solicitor

DONALD D. ANDERSON

Attorney for Respondent

(Sprinkle Masonry)

McQuire, Woods, Battle & Boothe

ELIZABETH DOLE, SECRETARY OF LABOR,

UNITED STATES DEPARTMENT OF LABOR,

Complainant,

v.

SPRINKLE MASONRY, INC.,

and its successors,

Respondent

OSHRC DOCKET No . 89-2195

REGION III

ORDER GRANTING MOTION TO SEVER

AND APPROVING SETTLEMENT

Complainant having moved to sever Citation 1,
Items 1a and 1b from the remaining citations and items litigated in the above captioned
docket, and it being represented that Respondent is in agreement with said Motion, and the
parties having advised the undersigned that the said Citation 1, Items 1a and 1b have been
amicably resolved and agree to entry of the Order set forth below,

It is therefore ORDERED :

1. Citation 1, Items 1a and 1b are severed from
   the remaining citations and items contested by Respondent and litigated by the parties in
   the docket; and

2. The Stipulation of Settlement is approved and
   the terms thereof are incorporated into this order; and

3. Items 1a and 1b of Citation 1 are modified in
   accordance with the Stipulation of Settlement; and

4. The total penalty associated with Citation 1,
   Items 1a and 1b amounts to $300.00.  Respondent agrees to pay the reduced penalty as
   set forth in the Stipulation in Settlement.

Irving Sommer

Judge, OSHRC

Dated: August 21, 1990