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Ezel / Agency Decisions / 02-0503-alj
OSHRC ALJ decision Docket 02-0503 Decided August 8, 2002 Settled Judge Stephen J. Simko, Jr.

Rowland, Inc.

Settlement approved with $1,600 penalty

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This order from 2002 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 2002
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 It binds the parties but is not binding precedent in other cases.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

After the Secretary presented her case at the hearing, Rowland and the Secretary resolved all pending issues. Rowland withdrew its notice of contest and represented that it had complied with posting and service requirements. The judge approved and incorporated the settlement, disposed of the citation and proposed penalties according to its terms, and assessed $1,600. The order does not identify the cited standards.

Decision snapshot

  • Cited standard(s): The settlement order does not identify the underlying standards.
  • Outcome: Settlement approved; notice of contest dismissed and $1,600 penalty assessed.
  • Key point: The approved settlement resolved all citation issues after the Secretary's case-in-chief.

Full text (OSHRC public release)

       UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

Secretary of Labor,
Complainant,

                v.                                      OSHRC Docket No. 02-0503

Rowland, Inc., EZ
Respondent.

Appearances:

                Michael K. Hagan, Esquire                             John M. Hament, Esquire
                   Office of the Solicitor                                Kunkel, Miller & Hament
                   U. S. Department of Labor                              Sarasota, Florida
                   Atlanta, Geo rgia                                          For Respondent
                        For Complainant

Before: Administrative Law Judge Stephen J. Simko, Jr.

                                     DECISION AND ORDER

       A hearing was held in Tampa, Florida, on June 4, 2002. At the conclusion of complainant’s

case-in-chief, the parties met and resolved all issues.
On July 2, 2002, an executed stipulation and joint motion was received in the above-
captioned case which resolves the issues pending before the Commission. Respondent withdraws
its notice of contest and represents that it has conformed with the applicable posting and service
requirements as fixed by the rules of the Commission.
Therefore, it is ORDERED:
1. That the terms of the settlement are approved and incorporated herein as part of this
order.
2. That the citation and proposed penalties are hereby vacated, modified and affirmed
in accordance with the terms of settlement and a penalty of $1,600 is assessed.
3. That respondent’s notice of contest is hereby dismissed.
SO ORDERED.

Date: July 3, 2002 Judge Stephen J. Simko, Jr.
1924 Building, Suite 2R90
100 Ala bama Stre et, S.W.
Atlanta, Georgia 30303-3104
Phone (404) 562-1640 Fax (404) 562-1650

This order has been sent to:

For the Secretary of Labor:
Jaylynn Fortney, Esquire
Regional Solicitor
U. S. Department of Labor
Office of the Solicitor
Atlanta Federal Center
61 Forsyth Street, Room 7T10
Atlanta, GA 30303
ATTN : Michael K. Hagan, Esquire

For the Employer:
John M. Hament, Esquire
Kunkel, Miller & Hament
SouthTrust Bank Building
1800 Second Street, Suite 970
Sarasota, FL 34236

                               2

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