Crescent Street Construction Corp. (ALJ decision, July 9, 1993)

Plain-English summary

Crescent Street Construction received a serious citation containing 15 items with $15,300 in proposed penalties and a separate three-item other-than-serious citation with no penalty. The Secretary withdrew the first serious item. Immediately before the hearing, the parties settled the remaining 14 contested serious items. Crescent withdrew its contest without admitting responsibility, certified that all alleged violations had been abated, and agreed that the settlement could be used in future OSHA proceedings. The total penalty was reduced to $3,200. The agreement allowed payment in 16 monthly installments of $200, with the entire unpaid balance becoming due if an installment was not received by the stated deadline. The release does not identify the cited standards or describe the underlying conditions.

Decision snapshot

• Cited standard(s): Not identified in the release.
• Outcome: Fourteen serious citation items were settled for $3,200, one serious item was withdrawn, and the settlement was approved.
• Key point: The approved settlement required complete abatement and installment payments while allowing the employer to resolve the case without admitting responsibility.

Full text (OSHRC public release)

OCcUPATlONAL sA~~N~~~E~~~~~c~~“,~~ CoMhhisslON
One Lafayette Cents
1120 20th Street, N-W. - 9th Floor
Washington, DC 200304419
*t ^

SECRETARY OF LABOR
Complainant,
v. OSI-IRC DOCKET
NO. 92-2454
CRESCENT STREET CONSTRUCTION CORP.
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 June 9, 1993. The decision of the Judge will become a final order of the Commission on July 9, 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 petition should be received by the Executive Secretary on or before June 29, 1993 in order to ermit sufficfent time for its review. See Commission Rule 91, 29 8 .F.R. 2200.91. All further pleadings or communications regarding this case shall be addressed to:
Executive Secretary
Occupational Safety and Health
Review Commission
1120 20th St. N.W., Suite 980
Washington, D.C. 20036-3419
Petitioning parties shall also mail a copy to:
Daniel J. Mick, Esq.
Counsel for Regional Trial Liti ation
Office of the Solicitor, U.S. DO5&
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 party having questions about review rrghts may contact the Commission’s Executive Secretary or call (202) 606-5400.
FOR THE COM@@N ,, !

Date: June 9, 1993
DOCKET NO. 92-2454

NOTICE IS GIVEN TO THE FOLLOWING:

Daniel J. Mick ENI.
Counsel for Rd 'O&I Trial Liti ation
Office of the Sof l citor, U.S. DO!&
Room S4004
-
200 Constitution Ave., N.W.
Washington, D.C. 20210

Patricia Rodenhausen., Esql

Re ‘onal Solicitor
O&e of the Solicitor U.S. DOL
201 brick, Room 707
New York, NY 10014

Jerry Papapanayotou, Esq$re
Crescent Street Constructron Corp.
14 Up er Mountain Avenue
MontePair, NJ 07042

Irvin Sommer
Chie P Administrative Law Jud e
Occupational Safety and Healt%
Review Commission
One iafayette Centre
1120 20th St. N.W., Suite 990
Washington, DC 20036 3419

00102781242:02
 UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COh/!MissiON One Lafayette Centte
1120 20th Street, N.W. - 9th Floor
Washington, DC 20036-3919

.
.
SECRETARY OF LABOR,
..

Complainant,
..
..

v. .. Docket No. 92-2454

CRESCENT STREET CONSTRUCTIOf?
CORPORATION,
..

Respondent.

.

APPearances:
Alan L Kammerman, Esq.
J. Papapanayotou, Esq.
U.S.Department of Labor
14 Upper Mountain Avenue
New York, NewYork
Montclair,NewJersey 07042
For the Complainant
For tbe Respondent

Before: Administrative Law Judge Irving Sommer

DECISION AND ORDER

On July 9, 1992, respondent was issued a serious citation for 15 violations(items 1 through 15), and a notification of proposed penalty of $15,300; additionally an other than serious citation was issued for 3 violations with no penalty assessed. The Secretary withdrew Citation no. 1, item 1 in her complaint. The respondent contested the remaining items in citation no. 1.
A hearing was held on March 31,1993 in New York, New York. At the opening of the hearing, the parties informed the undersigned that a settlement agreement had been entered into immediately prior to the trial with the fobwing temx: 2
1. The Secrew amends the proposed penalty and complaint reking to Citation no. 1 to reflect a total penalty of $3200 as folbw:
a. Citation one, item 2. The proposed penalty of $1050. is amended to $225. b l Citation one, item 3. The proposed penalty of $1050. is amended to $225.
c. Citation one, item 4. The proposed penalty of SlOSO. is amended to $225. da Citation one, item 5. The proposed penalty of SlOSIL is amended to $225.
e. Citation one, item 6. The proposed penalty of $10X is amended to $225.
f. Citation one, item 7. The proposed penalty of $750. is amended to $150.
8. Citation one, item 8. The proposed penalty of $750. is amended to $150.
h. Citation one, item 9. The proposed penalty of $750. is amended to $150.
i. Citation one, item lOThe proposed penalty of $1050. is amended to $225.
.
J. Citation one, item ll-The proposed penalty of $10X is amended to $225. ko Citation one, item 12-Theproposed penalty of $10%X is amended to $225.
L Citation one, item 13.The proposed penalty of $10501 is amended to $225.
m. Citation one, item M-The proposed penalty of Sl5o(L is amended to SW.
0. Citation one, item 1%The proposed penalty of SlOXk is amended to $225.
 3

2. Based on the above, the respondent withdraw its notice of contest and answer
as to the citations and proposed penalties as modified witbut admitting any responsibility as to the violations charged. The parties agree that this settlement may be used in future OSHA proceedings.
3. Respondent affirmatively states that all violatins alleged in the complaint are deemed to have been abated and that it will comply with the Occupational
Safety and Health Act in the future.
4. Respondent certifies that a copy of this DECISION and ORDER incorporat- ing the settlement agreement will be posted where affected employees may see it within ten days after receiving this ORDER.
5. Respondent agrees to pay the amended proposed penalty of $3200 by
fonvarding sixteen installment checks in the amount of $200, each made payable to the Occupational Safety and Health Labor, to the Occupational
Safety and Health Administra- tion at 4240 Bell Boulevard, fifth floor, Bayside, New York 11361. The first such check wiIl be due by May 1, 1993. Subsequent checks will be due by the first of each succeeding month during the period June, 1993 through August 1994.
In the event that any such two hundred dollar titallment check is not received by OSHA by the tenth of the month, then the entire unpaid balance of the thirty-two hundred dollars will become immediately due.
6. Each party agrees to bear its own fees and other expenses incurred by such party in connection with any stage of this proceeding.
IT IS ORDERED that the terms of the settlement agreement entered above is
APPROVED.

DATED: JUN - 7 1993
Washington, D.C.