Red-Hawk Construction, Inc.

Plain-English summary

The chief judge had approved a settlement requiring Red-Hawk Construction to pay $18,900. The Secretary then submitted a revised stipulation specifying that the amount would be paid in eighteen monthly installments of $1,050 and asked that it replace the original stipulation. The Commission directed the case for review and referred the motion and revised settlement to the chief judge for further proceedings.

Decision snapshot

• Cited standard(s): No specific OSHA standard number is identified in this procedural order.
• Outcome: The motion to replace the original settlement with a revised installment agreement was referred to the chief judge.
• Key point: A requested change to an already approved settlement was returned to the judge for consideration rather than adopted directly on review.

Full text (OSHRC public release)

SECRETARY OF LABOR,
Complainant,
v. OSHRC Docket No. 02-1180
RED-HAWK CONSTRUCTION, INC.,
Respondent.

                        DIRECTION FOR REVIEW AND ORDER

   On March 20, 2003, the Chief Administrative Law Judge issued an order approving the

Stipulation and Joint Motion (original stipulation) filed by the parties on February 26, 2003.
Paragraph four of the original stipulation states that the Respondent shall pay a total penalty of
$18,900.00.
The Secretary has now filed a Motion to Amend Stipulation and Joint Motion (motion to
amend) together with the revised Stipulation and Joint Motion (revised stipulation) stating that
the penalty of $18,900.00 shall be paid in eighteen monthly installments of $1,050.00 each. In
her motion to amend the Secretary asks the Commission to file the revised stipulation as a
replacement for the original stipulation.
 The Commission directs this case for review and refers the motion and revised
stipulation to the Chief Administrative Law Judge for further proceedings. So Ordered.

Date: April 24, 2003 /s/
W. Scott Railton
Chairman

                                           /s/
                                           Thomasina V. Rogers
                                           Commissioner


                                           /s/
                                           James M. Stephens
                                           Commissioner

SECRETARY OF LABOR,
Complainant,
v. OSHRC Docket No. 02-1180
RED-HAWK CONSTRUCTION, INC.,
Respondent.

                                          ORDER


   The Commission has jurisdiction over the subject matter of the case and over the parties

by virtue of the filing of a timely notice of contest.
The stipulation and Joint Motion between the parties filed on February 26, 2003, has
been considered. The parties certify that affected employees were properly notified of the
settlement on February 21, 2003. No objection to the settlement has been filed.
The settlement is approved under 5 U.S.C. § 2200.100. The terms of the Stipulation and
Joint Motion are incorporated, in their entirety, by reference in this order.

                                                             /s/
                                                             Irving Sommer
                                                             Chief Judge, OSHRC

Dated: March 20, 2003