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Ezel / Agency Decisions / 00-2195-alj
OSHRC ALJ decision Docket 00-2195 Decided September 28, 2001 Settled Judge Irving Sommer

Saint Vincent's Hospital

Withdrawal stipulation approved

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This order from 2001 bound only the parties to this case; it isn't precedent. Ezel answers your situation under the current OSHA standards and Commission precedent, with citations.

Currency note: this decision dates from 2001
The OSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
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 It binds the parties but is not binding precedent in other cases.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 Commission's own document.
Read the official release (oshrc.gov)

Plain-English summary

OSHA issued Saint Vincent's Hospital a serious citation after inspecting its worksite in Staten Island, New York. The hospital timely contested the citation, and the case proceeded to a hearing. After the hearing closed, the parties submitted an executed stipulation of withdrawal addressing all matters in dispute. The judge approved the stipulation. The decision does not identify the cited standard or disclose the stipulation's terms.

Decision snapshot

  • Cited standard(s): The decision does not identify the standard in the serious citation.
  • Outcome: Stipulation of withdrawal approved, resolving all matters at issue.
  • Key point: The judge approved the parties' post-hearing stipulation resolving the contested citation.

Full text (OSHRC public release)

                     UNITED STATES OF AMERICA
         OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION


                                           :

SECRETARY OF LABOR, :
:
Complainant, :
:
v. : Docket No. 00-2195
:
SAINT VINCENT'S HOSPITAL, :
:
Respondent. :
:
:

                                DECISION AND ORDER
   This proceeding is before the Occupational Safety and Health Review Commission pursuant

to section 10 of the Occupational Safety and Health Act of 1970, 29 U.S.C. sec 651 et seq.
Following an inspection of a work site of the Respondent in Staten Island, N.Y., the
Occupational Safety and Health Administration issued a serious citation. Respondent timely
contested the citation and proposed penalty, and on May 2, 2001, this case came on to be heard in
New York, N.Y. No jurisdictional issues are in dispute, sufficient facts having been pleaded to
establish that the Respondent is subject to the Act, and the Commission has jurisdiction of the parties
and of the subject matter.
After the close of the hearing an executed Stipulation of Withdrawal was received from the
parties, and this stipulation addresses all matters at issue between the parties.
ORDER
The submitted withdrawal stipulation is APPROVED.

                                                          /s/
                                                   IRVING SOMMER
                                                   Chief Judge

DATED: 27 AUG 2001
Washington, D.C.

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