Field & Associates, Inc.

Plain-English summary

Field & Associates contested a serious citation and a repeat citation involving a ladder. The company represented that it had abated the conditions by taking the ladder out of use. It agreed to withdraw its contest and pay $700 to resolve all disputed matters without admitting fault or liability. The Commission approved the settlement, affirming the citations under its terms.

Decision snapshot

• Cited standard(s): Not stated in the decision.
• Outcome: Settlement approved; serious and repeat citations affirmed with a total $700 penalty.
• Key point: The employer removed the cited ladder from use, withdrew its contest, and resolved the case for $700.

Full text (OSHRC public release)

Docket No. 87-0931

SECRETARY OF LABOR,

Complainant,

v.

FIELD & ASSOCIATES, INC.,

Respondent.

OSHRC Docket No. 87-0931

ORDER

The parties' Stipulation and Settlement Agreement is approved.  This order
is issued pursuant to a delegation of authority to the Executive Secretary.  41 Fed.
Reg. 37173 (1976), amended at 44 Fed. Reg. 7255 (1979).

FOR THE COMMISSION

Ray H. Darling, Jr.

Executive Secretary

Dated:  April 4, 1988

ANN McLAUGHLIN,

SECRETARY OF LABOR,

UNITED STATES DEPARTMENT OF LABOR,

Complainant

v.

FIELD & ASSOCIATES, INC.,

Respondent

OSHRC, DOCKET NO. 87-0931

STIPULATION AND SETTLEMENT AGREEMENT

In full settlement and disposition of the issues
in this proceeding, it is hereby stipulated and agreed by and between the Complainant,
Secretary of Labor, and the Respondent, Field Associates, Inc., that:

1.  Respondent represents that the alleged
violations have been abated in that the ladder in question is no longer being used by
Respondent;

2.  Complainant proposes to accept and
Respondent agrees to pay to Complainant the sum of $700.00 in settlement of all matters in
dispute in this proceeding;

3.  Respondent represents that it has or
will pay the above sum in the form of a check made payable to "DOL-OSHA" upon
the execution of this settlement agreement.  The check in the settlement amount has
or will be sent to the Cincinnati area office for OSHA;

4.  Respondent hereby withdraws the Notice
of Contest previously filed in case;

5.  Respondent hereby certifies that a copy of this settlement agreement was posted
at its workplace on this 4th day of January, 1988.

6.  Each party agrees to bear its own fees
and other expenses incurred by such party in connection with any stage of this proceeding;

7.  The parties have entered into this
stipulated settlement solely to avoid protracted and expensive litigation.  This
settlement is not to be construed as an admission, of fault or liability.  The
parties have entered into this stipulated settlement with the intent and on the basis that
it is related solely to the disposition of this case and is determinative of issues in
this case only.  It shall not be binding in any subsequent actions, proceedings or
events; and it in no way affects any rights, defenses, or remedies which may be available
in the future to Respondent or any other party, in any other proceeding other than one
arising under the Occupational Safety and Health Act at the cited location.

Walter A. Wildman

Attorney for Respondent

MARTIN, BROWNE, HULL & HARPER

Antony F. Gil

Attorney for the Secretary

SECRETARY OF LABOR,

Complainant,

v.

FIELD & ASSOCIATES, INC.,

Respondent.

OSHRC Docket No. 87-0931

ORDER APPROVING SETTLEMENT

Respondent, by letter dated June 12, 1987, from
its counsel, contested a serious citation and repeat citation issued to it on May 22,
1987.

On January 6, 1988, an executed stipulation and
settlement agreement was received from the parties.  The agreement having been read
and considered, it is

ORDERED:

(1) That the terms of settlement are approved
and as part of this order;

(2) That the serious citation and repeat
citation issued to respondent on May 22, 1987, are affirmed in accordance with the terms
of settlement; and

(3) That a total penalty of $700 is assessed for
the serious and repeat violations affirmed in the citations.

Date:  January 11, 1988

JAMES D. BURROUGHS

Judge