Continental Grain Company

Plain-English summary

Continental Grain and the Secretary filed a settlement that amended the citation and proposed penalty and required compliance with the Act. The judge approved that agreement before the parties filed a supplement withdrawing Continental Grain's contest and certifying proper service. The Commission corrected the judge's order to include the supplement. It granted the settlement motions and affirmed the citation and penalty as amended. The short release does not identify the cited standards or final penalty amount.

Decision snapshot

• Cited standard(s): None identified in the order.
• Outcome: The original and supplemental settlement agreements were approved, and the citation and penalty were affirmed as amended.
• Key point: A later settlement supplement can be incorporated into the approval order when it completes the parties' withdrawal and service terms.

Full text (OSHRC public release)

Johnson, Dawn Adair
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2018-01-10T20:54:00Z
2018-01-10T20:54:00Z
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Clean
Clean

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EN-US
X-NONE
X-NONE

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY
OF LABOR,

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Complainant,

������������������������ v.

OSHRC
DOCKET NO. 78-2081

CONTINENTAL
GRAIN COMPANY,

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Respondent.

December
18, 1978

�

DIRECTION FOR REVIEW AND ORDER

BY THE COMMISSION:

����������� Administrative
Law Judge Irving Sommer�s order of November 16, 1978, approving a settlement
agreement filed by the parties, is hereby directed for review. Judge Sommer had
approved a settlement agreement received by the Commission on August 28, 1978,
in which the Secretary moved to amend the citation and penalty proposed, and
Respondent agreed to comply with the requirements of the Occupational Safety
and Health Act of 1970 (29 U.S.C. �� 651�78). Thereafter, on November 20, 1978,
subsequent to the issuance of Judge Sommer�s order, the parties filed a
supplement to this agreement by which Respondent in addition moved to withdraw
its notice of contest and certified service of the agreement in accordance with
the Commission�s Rules of Procedure. Accordingly, we hereby correct Judge
Sommer�s order to approve the Supplemental as well as the original settlement
agreement. The motions contained therein are granted, the citation and
notification of proposed penalty are amended accordingly, and as amended are
affirmed.

�

So
ORDERED.

FOR THE COMMISSION:

RAY H. DARLING, JR.

EXECUTIVE SECRETARY

Date: DEC 18, 1978