Champion Environmental Services, Inc. (ALJ decision, March 6, 2000)

Plain-English summary

Champion Environmental Services was cited after OSHA inspected one of its construction work sites. The serious citation alleged two violations of the construction standard at 29 C.F.R. § 1926.1101. Champion contested, and the case was set for an E-Z Trial in Chicago. At the December 1999 hearing, the parties told Chief Judge Sommer they had reached a settlement. They reduced the terms to a written stipulated agreement, and the judge approved it. The order incorporates the settlement terms by reference and does not restate them.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1926.1101(f)(1)(iii); 29 C.F.R. § 1926.1101(g)(10)(i)
• Outcome: Parties settled; the stipulated settlement was approved. Its terms are incorporated by reference and not set out in the order.
• Key point: A contested citation can be resolved by a stipulated settlement approved by the judge, ending the case without a ruling on the merits.

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. 99-1204
:
CHAMPION ENVIRONMENTAL
:
SERVICES, INC.,
:
:
Respondent.
:
:

Appearances:

Helen J. Schuitmaker, Esquire
Todd C. Lyster, Esquire
Chicago, Illinois
Chicago, Illinois
For the Complainant.
For the Respondent.

Before: Chief Judge Irving Sommer

DECISION AND ORDER

This is a proceeding pursuant to section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651 et seq. (“the Act”) to review a citation and notification of penalty issued by the Secretary of Labor pursuant to section 10(a) of the Act.
Following an inspection of a construction work site of Respondent, the Secretary of Labor issued a serious citation alleging violations of 29 C.F.R. §§ 1926.1101(f)(1)(iii) and 1926.1101(g)(10)(i). Respondent timely contested the citation, and the case was designated for E-Z Trial pursuant to Commission Rule 203. The case came on to be heard in Chicago, Illinois, on December 15, 1999.
2

Discussion
At the hearing, the undersigned was informed that the parties had reached a settlement in regard to the citation and notification of penalty. The Secretary’s counsel then provided a summarization of the settlement, which has been reduced to a written stipulated settlement and submitted by the parties.
ORDER
The terms and conditions of the stipulated settlement, which are incorporated herein in their entirety, are APPROVED.

Irving Sommer
Chief Judge

Date: 26 JAN 2000