Mustang Plus (ALJ decision, February 8, 1993)

Plain-English summary

Mustang Plus is a Dallas, Texas employer. After an OSHA inspection of its workplace, the Secretary issued a serious citation with eight items and a non-serious citation with three items. At the close of a hearing held on November 6, 1992, the parties reached a settlement resolving all issues. Under the agreement, the Secretary withdrew several serious items (1(a), 1(b), 3, 5, 7(a), and 7(b)) and all three non-serious items; three serious items (4(a), 4(b), and 8) were reclassified as non-serious; and two serious items (2 and 6) were retained as serious. The parties agreed to a combined total penalty of $2,000. Administrative Law Judge Stanley M. Schwartz found the agreement met the Commission's requirements and approved the settlement.

Decision snapshot

• Cited standard(s): None specified in this order. The settlement resolves the items by number rather than restating each cited standard.
• Outcome: Settled. Several items withdrawn, three reclassified from serious to non-serious, and two retained as serious; combined total penalty $2,000.
• Key point: The judge approved the parties' post-hearing settlement resolving all citation items with a combined $2,000 penalty.

Full text (OSHRC public release)

UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
1825 K STREET NW
4TH FLOOR
WASHINGTON, DC 20006-1246

FAX
CGM (202) 634-4008
FTS (202) 634-4008

SECRETARY OF LABOR
Complainant,
v. OSHRC DOCKET
NO. 91-3466
MUSTANG PLUS
Respondent.

NOTICE OF DOCKETING
OF ADMINISTRATIVE LAW JUDGE’S DECISION
The Administrative Law Judge’s Report in the above referenced case was docketed with the Commission on January 7, 1993. The decision of the Judge will become a final order of the Commission on February 8, 1993 unless a Commission member directs review of the decision on or before that date. ANY PARTY DESIRING REVIEW OF THE JUDGE’S DECISION BY THE COMMISSION MUST FILE A PETITION FOR DISCRETIONARY REVIEW. Any such etition should be received b the Executive Secretary on or before January 2 -s, 1993 in order to ermit su Yficient time for its review. See Commission Rule 91, 29 C.F.‘K. 2200.91.
All further pleadings or communications
regarding this case shall be
addressed to:
Executive Secretary
Occupational Safety and Health
Review Commission
1825 K St. N.W., Room 401
Washington, D.C. 20006-1246
Petitioning parties shall also mail a copy to:
Daniel J. Mick, Esq.
Counsel for Regional Trial Litigation
Office of the Solicitor, U.S. DOL
Room S4004
200 Constitution Avenue, N.W.
Washington, D.C. 20210
If a Direction for Review is issued by the Commission, then the Counsel for Regional Trial Litigation will represent the Department of Labor. Any part\’ having questions about review rights may contact the Commission’s Executive Secretary or call (202) 634-7950.
FOR THE COMMISSION

                                    KY&         up                           yy$&L

Date: January 7, 1993
Ray H. Darling, Jr.
Executive Secretary
DOCKET NO. 91-3466
NOTICE IS GIVEN TO THE FOLLOWING:

Daniel J. Mick, Esq.
Counsel for Regional Trial Liti ation
Office of the Solicitor, U.S. DOY
Room S4004
200 Constitution Ave., N.W.
Washington, D.C. 20210

James E. White, Esq.
Re ional Solicitor
Of&e of the Solicitor U.S. DOL ’
525 Griffin Square Blhg., Suite 501
Griffin & Youn Streets
Dallas, TX 752 (If2

William W. Dendy, General Manager
Mustang Plus
4333 Scottsdale Drive
Dallas, TX 75227

Stanley M. Schwartz
Administrative Law Jud e
Occupational Safety an f Health
Review Commission
Federal Building, Room 7Bll
1100 Commerce Street
Dallas, TX 75242 0791

00103372322 : 06
 UNITED STATESOF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION ROOM 7811, FEDERAL BUILDING
1100 COMMERCE
DALLAS, TEXAS 75242-0791

PHONE: FAX:
COM (214)767-5271
COM (214)767-0350
FE 729-5271
FTS 729-0350

SECRETARY
OF LABOR,

Complainant,

v. .. OSHRC DOCKET NO. 91-3466
..
MUSTANG PLUS,
..
..
Respondent.
..

APPEARANCES:

Terry Goltz Greenberg, Esq.
William W. Dendy, pro se.
Dallas, Texas
Dallas, Texas
For the Complainant
For the Respondent

Before: Administrative Law Judge Stanley M. Schwartz

DECISION AND ORDER

This is a proceeding brought before the Occupational Safety and Health Review

Commission (“the Commission”) pursuant to section 10 of the Occupational
Safety and

Health Act of 1970, 29 U.S.C. 5 651 et seq. (“the Act”). As a result of an inspection

of Respondent’s workplace,
a serious citation containing 8 items and a non-serious
citation containing 3 items were issued by the Secretary.

A hearing in this matter was held on November 6, 1992 in Dallas, Texas. At

     the completion          of the hearing, the Secretary and Respondent             were afforded   an

opportunity to discuss settlement of this matter. They were successfu 1 in reaching an
agreement with respect to all pending issues.
 2

The agreement provides as follows:

1. The Secretary withdrew items l(a), l(b), 3, 5, 7(a) and 7(b) of serious citation number 1 and items 1, 2, and 3 of non-serious citation number 2.

2. Items 4(a), 4(b) and 8 of serious citation number 1 was amended to reflect non-serious violations of the standards cited.

3. Items 2 and 6 of serious citation number 1 were retained as serious violations.

4. The parties agreed to a combined total penalty of $2,000 for all retained items of the citations.

The agreement set forth above meets the requirements of the Commission for

hospitable consideration of settlements. The settlement agreement is approved.

TZ
Administrative Law Judge

Date: OEC 28 1992