Lu Mar Enterprises (ALJ decision, August 2, 1996)

Settlement of excavation citations approved

Decision type

ALJ decision

Docket

95-1059

Decided

August 2, 1996

Presiding judge

Irving Sommer

Outcome

Settled

Precedential status

Final order, not precedent

Checked against source

2026-07-23

Cited standards

29 C.F.R. § 1926.21(b)(6)(i) 29 C.F.R. § 1926.651(c)(2) 29 C.F.R. § 1926.651(g)(1)(i) 29 C.F.R. § 1926.651(h)(1)

Official source

Read the official release (oshrc.gov)

PDF

View Official PDF

Apply this to your situation

This order from 1996 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current OSHA standards and Commission precedent say, with citations.

Final order, not Commission precedent

This decision by an OSHRC Administrative Law Judge became a final order of the Commission because no Commissioner directed review (29 U.S.C. § 661(j)). It binds the parties but is not binding precedent in other cases. 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 agency's own release.

Read the official release (oshrc.gov)

Plain-English summary

OSHA issued Lu Mar two citations alleging serious and willful excavation-related violations at a New Jersey worksite. After hearings on three dates, the parties reached a settlement and placed its terms on the record. The judge approved and incorporated the stipulated settlement in full. The official release does not state the amended classifications or penalty amounts in readable text, so no more specific result can be reported.

Decision snapshot

Cited standard(s): The release identifies provisions concerning confined-space instruction, trench egress, hazardous atmospheres, and water accumulation, but one additional standard number is incomplete in the source text.
Outcome: The parties' stipulated settlement was approved and incorporated into the final order.
Key point: The final disposition is the approved settlement; the official release does not provide readable terms sufficient to summarize citation or penalty changes.

Full text (OSHRC public release)

United States of America
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 1120 20th Street, N.W., Ninth Floor
Washington, DC 20036-34 19

Phone:(202)606-5400
Fax:(202)606-5050
SECRETARY OF LABOR
Complainant,
v. OSHRC DOCKET
NO. 951059
LU MAR ENTNERPRISES
Respondent.

NOTICE OF DOCKETING
OF ADMINISTRATIVE LAW JUDGE’S DECISION
The Administrative Law Judge’s Re ort in the above referenced case was docketed with the Commission on July 4) 1996. The decision of the Judge will become a final order of the Comm&ion on August 2, 1996 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 by the Executive Secret on or before July 23? 1B96 in order to ermit sufficient time for its review.Y ee Commission Rule 91, 29 E .F.R. 2200.91. All further pleadings or communications regarding this case shah 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 shah also mail a copy to:
Daniel J. Mick, Esq.
Counsel for Regional Trial Liti ation
Office of the Solicitor, U.S. DOH,
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 havmg questions about review nghts may contact the Commission’s Executive Secretary or call (202) 606-5400.
FOR THE COMMSIOS
I

Date: July 3, 1996
DOCKET NO. 95-1059
NOTICE IS GIVEN TO THE FOLLOWING:

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

Jose h W Rufolo
JW &folb and Associates, Inc.
Six Moyse Place
Edison, NJ 08820

Irvin Sommer
Chie f Administrative Law Judge
Occupational Safety and Health
Review Commission
One Lafayette Centre
1120 20th St. N.W., Suite 990
Washington, DC 20036 3419

00109881938:02
UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY OF LABOR
..

Complainant,

.
V. . Docket No. 95-1059

LUMAR ENTERPRISES, INC.,
..

Respondent.
.
l

Appearances:
Nancee Adams-Taylor, Esq.
James W. Rufolo
U.S. Department of Labor
J.W. Rufolo & Associates
New York, New York
Edison, New Jersey

For the Secretary
For the Respondent

Before: Chief Judge Irving Sommer

DECISION AND ORDER

This is a proceeding under Section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. 65 1 et seq. (the Act) to review citations issued by the Secretary of Labor pursuant to Section 9(a) of the Act, and the proposed assessment of penalties therein issued, under Section 1O(a) of the Act.
Following an inspection of respondent’s business site in Woodbridge, N.J. the Secretary of Labor issued two citations charging serious violations of the standard at 29 CFR 1926.21 (b)(6)(1), 29 CFR 1926.651(c)(2), 29 CFR 1926.65 l(g)(l)(I) and wilful violation of the standard at 29 CFR 1926.65 l(h)( 1) and 29 CFR 1926(a)( 1). The respondent timely contested the citations. Following the filing of a complaint and answer and pursuant to a notice of hearing, the case came on to be heard inNew York, N.Y. onNovember 30,1995, December 1,1995 and April 24, 1996. No jurisdictional issues are in dispute, the parties having pleaded sufficient facts to establish that the respondent is subject to the Act and the Commission has jurisdiction of the parties and of the subiect matter.
DISCUSSION

At the continued hearing held on April 24, 1996, the parties, through amgent enorts of counsel with the assistance of the Court achieved a settlement and spread said agreement on the record at the proceeding. The statements of settlement made at the hearing have been reduced to a written stipulated settlement.
ORDER

The terms and conditions of the stipulated settlement, incorporated herein in its entirety, are approved.

Chief Judge
DATED: JK - 2 ‘=
Washington, D.C.
UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION
------------------I----- ------ --w--m
X
&BERT B. REICH, Secretary of Labor,
:
United States Department of Labor,
.. OSHRC Docket
Complainant,
.
. No . 95-1095 v.
..
LU MAR ENTERPRISES, INC.,
..
Respondent.
..
------------------------------- ----w--w -X

ORDER

Respondent in OSHRC Docket No.
95-1095 by a letter dated

June 6, 1995 contested two (2) citations issued to it by

Complainant on May 17, 1995. In that letter, Respondent also

contested the penalties proposed by Complainant for the citations.

An executed Stipulated Settlement has been received from

the parties, and this Stipulation addresses all matters at issue

between the parties in this proceeding. The Stipulation having

been read and considered it is hereby

                                         ORDERED:    (1)    That          the           terms          of     the    Stipulated

Settlement are approved and incorporated as part of this Order; and (2) That this Order I pursuant to Section 12(j) of the

Act, 29 U.S.C. § 661(j), will become the final order of the

Commission at the expiration of 30 days from the date of docketing

by the Executive Secretary, unless within that time a member of the

Commission directs that it be reviewed.

Dated this &&day
of

SO ORDERED: ,."3
4-b'. .f
I'
:2‘

Chief Judge, Occupational Safety
& Health Review Commission
United States of America
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 1120 20th Street, N.W., Ninth Floor
Washington, DC 20036-34 19