Aluminum & Vinyl Products, Inc.

Plain-English summary

Aluminum & Vinyl Products contested one item from OSHA's citations and entered an informal settlement covering all other items. The ALJ approved the settlement but did not dispose of the still-contested item. The Commission directed review on its own motion. It remanded the case for the judge to resolve Citation 1, Item 4.

Decision snapshot

• Cited standard(s): The order does not identify the standard underlying Citation 1, Item 4.
• Outcome: The case was remanded for disposition of the one citation item left unresolved by the settlement order.
• Key point: A settlement order must still address any citation item that the parties excluded from their agreement.

Full text (OSHRC public release)

Aluminum & Vinyl Product, Inc., Docket No. 07-1232

SECRETARY OF LABOR,

Complainant,

v.

OSHRC Docket No. 07-1232

ALUMINUM & VINYL PRODUCT, INC.,

Respondent.

APPEARANCES:

Patricia Rodenhausen, Regional Solicitor; Michael P. Doyle, Counsel for Appellate Litigation;
Charles F. James, Counsel for Appellate Litigation; U.S. Department of Labor, Washington, DC

For the Complainant

Adam D. Perlmutter, Esq.; Law Offices of Adam D. Perlmutter, P.C., New York, NY

For the Respondent

DIRECTION FOR REVIEW AND REMAND ORDER

Before: THOMPSON, Chairman; ROGERS, Commissioner.

BY THE COMMISSION:

On July 5, 2007, the Occupational Safety and Health Administration (“OSHA”) issued
Aluminum & Vinyl Product, Inc. (“AVP”) a six-item serious citation and a one-item other-than-serious citation, alleging various violations of the Occupational Safety and Health Act of 1970,
29 U.S.C. §§ 651-678. On July 27, 2007, AVP filed a Notice of Contest, contesting only
Citation 1, Item 4. That same day, AVP signed an Informal Settlement Agreement with OSHA,
settling all citation items except Citation 1, Item 4. In an order dated August 9, 2007, the
administrative law judge approved the settlement agreement. This order, however, did not
dispose of Citation 1, Item 4.

Accordingly, we direct this case for review sua sponte and remand the matter to the judge
to dispose of Citation 1, Item 4. See Commission Rules of Procedure 91(a) and 92(b), 29 C.F.R.
2200.91(a) and 92(b) (Commission review of judge’s decision discretionary; review may be directed by
Commissioner on his own motion).

SO ORDERED.

/s/

Horace A. Thompson III

Chairman

/s/

Thomasina V. Rogers

Dated: August 30, 2007                                                Commissioner

Secretary of Labor,

Complainant,

v.

OSHRC DOCKET NO. 07-1232

ALUMINUM & VINYL PRODUCT, INC.

Respondent

ORDER

APPROVING STIPULATED SETTLEMENT

The Commission has jurisdiction over the subject matter fo the case and over the prties
by virtue of the filing of a timely notice of contest.

The stipulated settlement between the parties filed on 7/27/07 has been considered. The
parties certify that affected employees were properly notified of the settlement on 7/27/07. No
objcetion to the settlement has been filed.

The settlement is approved under 5. U.S.C. § 554(c)(1) and Commission Rule 100.

The
terms of the stipulated settlement are incorporated, in their entirety, by reference in this order.

/s/

Irving Sommer

Chief Judge

Dated: Aug 09, 2007

Washington, D.C.