Diversified Construction Consultants, Inc.

Plain-English summary

Diversified Construction Consultants, Inc. had contested an OSHA citation, but Administrative Law Judge Chalk dismissed its notice of contest because the company failed to file an answer and did not respond to an order to show cause. Two days later, the parties reached a settlement and asked the Commission to set the dismissal aside and approve their agreement instead. The Commission reviewed the settlement, found it consistent with the purposes of the Occupational Safety and Health Act, directed review of the judge's decision, and set that decision aside. It then granted the joint motion to approve the settlement. Under the agreement the serious-violation citation was affirmed and a penalty of $250 was assessed. The practical point: even after a case is dismissed on procedural grounds, the parties can jointly ask the Commission to replace that dismissal with an approved settlement.

Decision snapshot

• Cited standard(s): None named in the order; the citation was for a serious violation but no specific standard is identified.
• Outcome: Settled. The Commission set aside the ALJ's dismissal, approved the parties' settlement, affirmed the serious-violation citation, and assessed a $250 penalty.
• Key point: The Commission will direct review to set aside a procedural dismissal when the parties have jointly moved to approve a settlement consistent with the Act.

Full text (OSHRC public release)

Docket No. 76-5072

DIVERSIFIED CONSTRUCTION CONSULTANTS, INC.
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OSHRC Docket No. 76-5072

Occupational Safety and Health Review Commission

April 7, 1977

COUNSEL:

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Ronald M. Gaswirth, Reg. Sol., USDOL

George O'Neal, President, Diversified Const. Consultants Inc., for the employer

OPINION:

DIRECTION FOR REVIEW AND ORDER

On March 8, 1977, Judge Joseph L. Chalk issued his decision dismissing Respondent's notice of contest due to Respondent's failure to file an answer and to respond to an order to show cause.
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At the time the Judge issued his decision, negotiations between the parties to settle the case were underway, and a settlement agreement was reached on March 10.
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The parties have submitted that agreement to the Commission together with a joint motion to set aside the Judge's decision and enter an order approving the settlement agreement.

We have reviewed the settlement agreement and conclude that it is consistent with the purposes of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).
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Accordingly, review of the Judge's decision is hereby directed pursuant to 29 U.S.C. 661(i).
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The Judge's order is set aside, and the joint motion to approve the settlement agreement is granted.
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The citation for serious violation is affirmed, and a penalty of $250 is [*2]
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assessed.
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