Engle, Inc.

Plain-English summary

OSHA cited Engle, a construction company, for one serious violation of 29 C.F.R. § 1926.451(e)(8) and proposed a $240 penalty. An administrative law judge affirmed the citation and assessed $150, after which the Commission granted review. In the settlement, the Secretary reclassified the citation as other-than-serious and reduced the penalty to zero. Engle withdrew its contest and stated that the violation had been and would remain abated. Each side agreed to bear its own fees and costs.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1926.451(e)(8)
• Outcome: Citation reclassified as other-than-serious; penalty reduced to $0; employer's contest withdrawn.
• Key point: The settlement preserved the citation in amended form while eliminating both the serious classification and monetary penalty.

Full text (OSHRC public release)

Docket No. 85-0212

WILLIAM E. BROCK, SECRETARY OF LABOR,

Complainant,

v.

ENGLE, INC.,

Respondent.

OSHRC DOCKET NO. 85-0212

STIPULATION AND SETTLEMENT AGREEMENT

I

The parties have reached a full and complete settlement of the
above-captioned matter presently pending on review before the Occupational Safety and
Health Review Commission. The parties hereby agree as follows:

II

(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 (84 Stat. 1590; 29 U.S.C. � et seq.)
(hereinafter the "Act).

(b)Respondent, Engle, Inc., is a corporation with its principal place of business
located at 1307 Vine Street, Jackson, Mississippi. It was at all time material to this
proceeding engaged in the business of construction and during the course of its business
its employees performed various tasks in the nature construction on and around
construction worksites. During the course of its business, respondent uses material and
equipment which it received from places located outside Mississippi. Respondent, as a
result of the aforesaid activities, is an employer engaged in a business affecting
commerce as defined by section 3(3) and 3(5) of the Act, and has employees as defined by
Section 3(6) of the act, and is subject to the requirements of the Act.

(c) As a result of an inspection conducted on January 30, 1985, at respondent's workplace
at 6360 Ridgewood Road, Jackson, Mississippi, a citation for one serious violation was
issued to respondent on February 25, 1985, pursuant to Section 9(a) of the Act. The
citation alleged a violation of 29 CFR � 1926.451(e)(8). A notification of proposed
penalty in the amount of $240 was also issued to respondent on February 25, 1985.

(d) Respondent filed a timely notice of contest to the citation and penalty with the
Secretary of Labor. The contest was duly transmitted to the Commission. A hearing was held
was before Commission Administrative Law Judge James D. Burroughs. Thereafter the judge
issued a decision and order affirming the citation and assessing a penalty of $150
therefor. Respondent, thereafter, filed a petition for discretionary review with the
Commission. The petition was granted by the Commission on November 26, 1985.

III

(a)(1) Complainant hereby agrees to reduce the statutory characterization of the citation
from serious to other-than-serious

(2) Complainant agrees to reduce the penalty $0.

(b)(1) Respondent hereby agrees to withdraw its notice of contest to the citation and
penalty as amended in section III(a) above.

(2) Respondent avers that the violation of the Act has been abated and shall
remain abated.

(3) Respondent agrees to post this Stipulations and Settlement Agreement in
accordance with Commission Rule 7.

IV.

Each party agrees to bear all of its own attorney fees, costs, and expenses arising
out of and incidental to the instant matter.

WHEREFORE, the parties agree that under the above-noted conditions this matter docketed
before the Commission as Docket No. 85-0212 is hereby settled.

FOR COMPLAINANT Daniel J. Mick

FOR RESPONDENT Paul E. Engle, Jr. Secy/Treas., ENGLE, INC.

DATE July 30, 1986

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).