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Ezel / Agency Decisions / 80-2731-commission
OSHRC Commission decision Docket 80-2731 Decided May 31, 1983 Settled

Schiavone Construction Co., Inc.

Citation withdrawn for lack of evidence

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Currency note: this decision dates from 1983
The OSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Decision of the Commission
This is a decision of the Occupational Safety and Health Review Commission, the highest level of agency review, citable as Commission precedent. It may have been appealed to a U.S. Court of Appeals after issuance; check subsequent history before relying on it. The full text below is from the official OSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official OSHRC release. The full text is the Commission's own document.
Read the official release (oshrc.gov)

Plain-English summary

While the case was pending before the Commission on review of the judge's decision, the Secretary agreed to withdraw citation 1 because the evidence was insufficient to sustain the allegation. Schiavone agreed to bear its own costs and attorney's fees and confirmed service of the agreement on employees. The Commission approved the stipulation and settlement, ending the reviewed case.

Decision snapshot

  • Cited standard(s): The official release does not identify the standard in citation 1.
  • Outcome: Citation 1 withdrawn for lack of evidence.
  • Key point: The Secretary ended the reviewed citation after concluding that the existing record could not support the allegation.

Full text (OSHRC public release)

Docket No. 80-2731

SECRETARY OF LABOR

Complainant,

v.

SCHIAVONE CONSTRUCTION CO., INC.,

Respondent

OSHRC Docket No. 80- 2731

ORDER

The Parties' Stipulation and Settlement Agreement is Approved.

FOR THE COMMISSION

Ray H. Darling, Jr.

EXECUTIVE SECRETARY

Dated: MAY 3 1 1983

RAYMOND J. DONOVAN, SECRETARY OF LABOR,

Complainant,

v.

SCHIAVONE CONSTRUCTION CO., INC.,

Respondent.

OSHRC DOCKET NO. 80-2731

STIPULATION AND SETTLEMENT AGREEMENT

The parties have reached a complete settlement of the above-noted contested case presently
pending on review of the judge's decision before the Occupational Safety and Health Review
Commission. The parties hereby stipulates follows:

  1. Complainant hereby withdraws citation No. 1 for lack of evidence to sustain the
    allegation.

  2. Respondent hereby agrees to bear its own costs and attorney's fees.

  3. Respondent hereby avers that it has served a copy of this agreement upon its employees
    pursuant to Commission Rule of Procedure 100 and in accordance with Rule 7.

KENNETH A. HELLMAN

For Complainant

MORRIS J. LEVIN, Esq.

For Respondent

The Administrative Law Judge decision in this matter is unavailable in this format. To
obtain a copy of this document, please request one from our Public Information Office By
e-mail ( [email protected] ), telephone
(202-606-5398), fax (202-606-5050), or TTY (202-606-5386).

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