Metal-Fab, Inc.

Plain-English summary

The Secretary withdrew the request to classify three mechanical-power-press guarding violations as willful and accepted the judge's serious classification. Metal-Fab withdrew its contest to an injury-recordkeeping item and agreed that the judge's vacation of that item should be set aside. The company agreed to pay total penalties of $6,470 in ten installments of $647, with the remaining balance immediately due if any installment was late. The Commission approved the settlement after the parties complied with its prior order.

Decision snapshot

• Cited standard(s): 29 C.F.R. §§ 1904.9(b) and 1910.217(c)(1)(i).
• Outcome: Settlement approved; press-guarding violations treated as serious, recordkeeping item reinstated, and $6,470 in penalties payable by installments.
• Key point: The settlement resolved both classification and recordkeeping disputes and made timely installment payments a condition of the payment schedule.

Full text (OSHRC public release)

Docket No. 78-5708

SECRETARY OF LABOR,

Complainant

v.

METAL-FAB, INC.

Respondent.

OSHRC Docket No. 78-5708

ORDER

The parties having complied with the Commission's Order dated December 8, 1982, the
Stipulation and Settlement Agreement dated October 7

1982, is approved.

FOR THE COMMISSION

Ray H. Darling, Jr.

EXECUTIVE SECRETARY

Dated JAN 21 1983

RAYMOND J. DONOVAN, SECRETARY OF LABOR,

Complainant,

v.

METAL FAB, INC.,

Respondent.

OSHRC DOCKET NO. 78-5708

STIPULATION AND SETTLEMENT AGREEMENT

I

The parties have reached agreement on a full and complete settlement of the instant
matter which is presently  pending before the Commission review.

II

The parties stipulate as follows:

(a) The Occupational Safety and Health Review Commission ( hereinafter the Commission
), has jurisdiction of this matter pursuant to section 10(c) of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 651 et seq.).

(b) Respondent, Metal-Fab, Inc. is a corporation with its principal place of business
at 3205 May Street, Wichita, Kansas.  Respondent is and was, during the period April
18, 1978 through October 12, 1978, an employer affecting commerce within the meaning of
sections 3(3) and 3(5) of the Act and employed employees within the meaning section 3(6)
of the Act.

(c) As a result of an inspection conducted between August 30, 1978 and October 13,
1978, there issued on November 3, 1978 citations alleging violations of the OSH Act.
  Respondent timely contested some of these citations and the penalties proposed
therefor at a hearing before Commission Judge Alan M. Wienman.  On March 5, 1980, the
Secretary filed a petition for discretionary review with the Commission taking issue with
the judge's decision insofar as it affirmed citation 2, items 1(a), (b), & (c),
alleging willful violations of 29 CFR 1910.217(c) (1) (i), as serious violations.
  The petition was granted by Commissioner Cottine, who also directed review of the
issue of whether the judge erred in vacating Citation 1, item 1(a), alleging a violation
of 29 CFR 1904.9(b) for failure to maintain an accurate record of employee injury.

III

(a) Complainant agrees to withdraw its petition for review of the judge's decision with
regard to the willfulness of the violation of 29 CFR 1910.217(c)(1)(i) alleged in citation
2, item 1(a), (b) & (c) and agrees to abide by the judge's decision that these
violations were serious.

(b) Respondent hereby agrees to withdraw its notice of contest to Citation 1, item
1(a), and agrees that the judge's vacation of this item should be set aside.

IV

The parties hereby agree that Respondent shall pay the sum of $6,470 which is the total
penalty due Complainant as the result of all citations issued to Respondent on November 3,
1978, as follows:

(a) Respondent shall pay the sum of $647 not later than 30 days after the Commission
issues an order notifying Respondent that this agreement has been approved.  (the
envelop containing respondent's check shall be postmarked no later than the 30th day after
such order is issued).

(b) Respondent shall pay the balance of the $6470 total penalty in equal installments
of $647 postmarked no later than the 30th day following the previous payment.

(c) In the event that respondent fails to pay any installment when due, the entire
unpaid balance of the $6470 total penalty shall become due immediately.

V

The parties agree that each party will bear its own costs and attorney's fees.

VI

Respondent will post the instant Stipulation and Settlement Agreement in accordance
with Rule 7 of the Rules of Procedure of the Commission.

WHEREFORE, the parties respectfully request that this Stipulation and Settlement be
approved by the Commission and that the judge's vacation of Citation 1, item 1(a) be set
aside in conformity with that agreement.

Dated this 7th day of October, 1982.

The Administrative Law Judge decision in this matter is unavailable in this format. To
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