Macedos Construction Company, Inc. (ALJ decision, February 26, 1998)
Serious construction citation resolved by approved settlement
Apply this to your situation
This order from 1998 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.
Plain-English summary
Macedos Construction was inspected at a construction site in Dover, New Jersey in October 1996. OSHA issued a serious citation alleging violations of five construction standards covering fall protection, concrete and masonry work, stairways, and ladders. Macedos contested the citation, and the case was handled under the Commission's streamlined E-Z Trial procedure. At the close of the November 1997 hearing, the parties reached a settlement with the help of their representatives and the judge. Chief Judge Irving Sommer approved the written stipulated settlement, which resolved the entire matter. The specific terms are contained in the settlement agreement itself and are not restated in this order.
Decision snapshot
- Cited standard(s): 29 C.F.R. § 1926.501(b)(1) (fall protection), 29 C.F.R. § 1926.701(b) (concrete reinforcing steel), 29 C.F.R. § 1926.1051(a) (stairway or ladder access), 29 C.F.R. § 1926.1053(b)(1) and (b)(6) (ladder use).
- Outcome: Settled; the stipulated settlement was approved and disposed of the case in its entirety.
- Key point: The parties resolved the citation by agreement at the hearing, and the judge approved and incorporated the settlement terms.
Full text (OSHRC public release)
United States of America
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
1120 20th Street, N.W., Ninth Floor
Washington, DC 20036-3419
SECRETARY OF LABOR,
Complainant,
v. OSHRC DOCKET NO. 97-0465
MACEDOS CONSTRUCTION COMPANY, INC.
Respondent.
APPEARANCES:
Luis A. Micheli, Esquire
Jack Macedo
New York, New York
East Hanover, New Jersey
For the Complainant.
For the Respondent, pro se.
Before: Chief Judge Irving Sommer
DECISION AND ORDER
This is a proceeding 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. § 651 et seq. ("the Act"). The Occupational Safety and Health Administration ("OSHA") conducted an inspection of a construction site in Dover, New Jersey, on October 8, 1996; as a result, Respondent Macedos Construction Company ("Macedos") was issued a serious citation alleging violations of 29 C.F.R. §§ 1926.501(b)(1), 1926.701(b), 1926.1051(a), 1926.1053(b)(1) and 1926.1053(b)(6). Macedos timely contested the citation, the case was designated an E-Z Trial case pursuant to Commission Rule 203(a), and the case came on to be heard in New York, New York, on November 19, 1997. No jurisdictional issues are in dispute, and there is sufficient evidence in the record to establish that Macedos is subject to the Act and that the Commission has jurisdiction of the parties and of the subject matter in this case.
Discussion
At the conclusion of the hearing that was held on November 19, 1997, the parties were able to achieve a settlement through the diligent efforts of their designated representatives and with the assistance of the Court. The settlement, which has now been reduced to a written stipulated settlement and has been signed by both parties, disposes of this matter in its entirety.
Order
The terms and conditions of the stipulated settlement, incorporated herein in its entirety, are approved.
Irving Sommer
Chief Judge
Date:
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