Custom Services
Settlement approved with $975 in penalties
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This order from 1993 bound only the parties to this case; it isn't precedent. Ezel answers your situation under the current OSHA standards and Commission precedent, with citations.
Plain-English summary
OSHA issued Custom Services a serious citation containing several construction safety items. At the hearing, the parties reached a settlement and placed its terms on the record. The judge adopted the agreement, which withdrew one scaffold item and affirmed the remaining listed violations. The order assessed total penalties of $975.
Decision snapshot
- Cited standard(s): 29 C.F.R. § 1926.100(a); 29 C.F.R. § 1926.451(a)(3); 29 C.F.R. § 1926.451(a)(4); 29 C.F.R. § 1926.451(d)(3); 29 C.F.R. § 1926.451(d)(10)
- Outcome: Settlement approved; one item withdrawn and remaining listed items affirmed with $975 in total penalties
- Key point: The judge incorporated the parties' in-court settlement into the final order.
Full text (OSHRC public release)
UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
1825 K STREET NW
4TH FLOOR
WASHINGTON, DC 20006- 1246
FAX
COM (202, 63~~008
FTS (202) 634 -4208
SECRETARY OF LABOR
Complainant,
v. OSHRC DOCKET
NO. 920 1708
CUSTOM SERVICES
Respondent.
NOTICE OF DOCKETING
OF ADMINISTRATIVE LAW JUDGE’S DECISION
The Administrative Law Judge’s Report in the above referenced case was
docketed with the Commission on February 10, 1993. The decision of the Judge
will become a final order of the Commission on March 12, 1993 unless a
Commission member directs review of the decision on or before that date. ANY
PARTY DESIRING REVIEW OF THE JUDGE’S DECISION BY THE
COMMISSION MUST FILE A PETITION FOR DISCRETIONARY REVIEW.
Any such etition should be received by the Executive Secretary on or before.
March 2, P993 in order to ermit sufficient time for its review. See
Commission Rule 9 1, 29 cp.F.R. 2200.9 1.
All further pleadings or communications regarding this case shall be
addressed to:
Executive Secretary
Occupational Safety and Health
Review Commission
1825 K St. NW., Room 401
Washington, D.C. 20006- 1246
Petitioning parties shall ~ilw mail a copy to:
Dand J. .Mick, Esq.
Cou nse I for Regional Trial Litigation
Office of the Solicitor, U.S. DOL
Room S-W4
L(X)Con>fitution Avenue, .N.W.
Nahmgton . D .C .C30210
If a Direction for Retie% i\ INX~ bv the Commission, then the Counsel for
Regional Trial Litigatwn HAI rcpr&nt the Department of Labor. Any party
hawng questions about rr’i IC~QArights may contact the Commission’s Executive
Secretary or call (202) h3$-‘c)CO.’
Date: February 10, 1993
DOCKET NO. 924708
NOTICE IS GIVEN TO THE FOLLOWING:
Daniel .J. Mick, Esq.
Counsel for Regional Trial Liti ation
Office of the Solicitor, U.S. DO5
Room S4004
200 Constitution Ave., N.W.
Washington, D.C. 202 10
Ms. Bobbye D. Spears
Re ional Solicitor
Of&e of the Solicitor, U.S. DOL
Suite 339
1371 Peachtree Street, N.E.
Atlanta, GA 30309
Mr. C. M. Meyer, President
Custom Services
1896 Kentucky Avenue
Post Office Box 966
Winter Park, FL 32790
Nancy J. Spies
Occupational Safety and Health
Revrew Commission
1365 Peachtree St., N.E.
Room 240
Atlanta, GA 30309 3119
00106312515:04
SECRETARY OF IABOR,
Complainant
v. l
l OSHRC Docket No.: 924708
CUSTOM SERVICES,
Respondent.
Appearances:
AM0.Plhscha&Fsq~ CulrM Myer, President
Ofiice of the SoIidtor c8mom-
u. s Depaftment of IAm whtcrPar&Fbrida
Atlanta,Georgia Fbr Respondent
For Complainant
Before: Administrative Law Judge Nancy J. Spies
JDECISION AND ORDER
This proceeding is before the Occupational Safety and Health Review Commission
for decision. On May 7,1992, the Occupational Safety and Health Administration (OSHA)
isskd one serious citation to respondent, Custom Services. Respondent, by letter dated
May 26, 1992, contested the citation.
A hearing was held on December 16,1992, in Orlando, Florida, at which the parties
appeared. Prior to presentation of the evidence in the case, the parties were afforded an
opportunity to discuss settlement. The parties were successful in reaching agreement on all
matters at issue in this case. The terms of the agreement were stated in open court on the
record and are hereby adopted and incorporated into this decision and order.
WINGS OF FACT’ANIl CONCLUSIONS OF LAW
1 l Respondent, -torn Services, was at all times relevant to this proceeding
engaged in a business affecting commerce and had employees within the meaning of
Section 3(S) of the Occupational Safety and Health Act of 1970 (Act). The Commission has
jurisdiction of the parties and the subject matter of this proceeding.
2 The Secretary withdraws Item No. 2 of Citation No. 1, the alleged violation
of 29 C.ER. 8 1926.451(a)(3).
3. The following violations are affirmed and penalties assessed:
Item No. Violation Penaltv
1 29 C.F.R. 8 1926.100(a) $325.00
3a 29 C.F.R. 8 1926.451(a)(4) 325.00
3b 29 C.F.R. 6 1926.451(d)( 10)
3c 29 C.F.R. 9 1926.451(d)( 10)
4 29 C.F.R. 5 1926.451(d)(3) 325.00
ORDER
Based upon the foregoing decision, it is ORDERED that:
1s The serious citation issued on May 7, 1992, is vacated, modified and affirmed
in accordance with the above.
2. Penalties in the total amount of $975.00 are assessed.
/s/ Nancy J. Spies
NANCY J. SPIES
Judge
Date: February 3, 1993
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