A A Quality Construction Materials

Plain-English summary

A.A. Quality Construction Material manufactured and sold construction materials. OSHA cited the company for three alleged willful, ten serious, and four other-than-serious violations, with proposed penalties totaling $24,700. The company contested the citations, and the case proceeded to a scheduled hearing. Counsel reached a settlement through conferences held at the time and place of the hearing, then reduced their agreement to a written stipulated settlement. The ALJ incorporated and approved that settlement, but the released decision does not state its citation or penalty terms.

Decision snapshot

• Cited standard(s): None identified in the decision.
• Outcome: Settled. The ALJ approved the parties' stipulated settlement in full; the released decision does not state the final penalty amount.
• Key point: A settlement reached during hearing conferences became effective when the ALJ incorporated and approved the written stipulation.

Full text (OSHRC public release)

UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
One Lafayette Centre
1120 20th Street, N.W. -- 9th Floor
Washington, DC 20036-3419

PHONE:
COM (202) 606-5100
FTS (202) 606-5100

FAX:
COM (202) 606-5050
FTS (202) 606-5050

SECRETARY OF LABOR
Complainant,
v. OSHRC DOCKET
NO. 92-2461
A A QUALITY CONSTRUCTION MATERIALS
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 October 20, 1993. The decision of the Judge
will become a final order of the Commission on November 19, 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 petition should be received by the Executive Secretary on or before
November 9, 1993 in order to permit sufficient time for its review. See
Commission Rule 91, 29 C.F.R. 2200.91.

All further pleadings or communications regarding this case shall be
addressed to:

Executive Secretary
Occupational Safety and Health
Review Commission
1120 20th St. N.W., Suite 980
Washington, D.C. 20036-3419

Petitioning parties shall also mail a copy to:

Daniel J. Mick, Esq.
Counsel for Regional Trial Litigation
Office of the Solicitor, U.S. DOL
Room S4004
200 Constitution Avenue, N.W.
Washington, D.C. 20210

If a Direction for Review is issued by the Commission, then the Counsel for
Regional Trial Litigation will represent the Department of Labor. Any party
having questions about review rights may contact the Commission’s Executive
Secretary or call (202) 606-5400.

FOR THE COMMISSION

Date: October 20, 1993

Ray H. Darling, Jr.
Executive Secretary

DOCKET NO. 92-2461

NOTICE IS GIVEN TO THE FOLLOWING:

Daniel J. Mick, Esq.
Counsel for Regional Trial Litigation
Office of the Solicitor, U.S. DOL
Room S4004
200 Constitution Ave., N.W.
Washington, D.C. 20210

Patricia Rodenhausen, Esq.
Regional Solicitor
Office of the Solicitor, U.S. DOL
201 Varick, Room 707
New York, NY 10014

Robert L. Gambell, Esquire
Riley, O’Melio, Shoveland & Jones
180 White Horse Pike
Clementon, NJ 08021

Michael H. Schoenfeld
Administrative Law Judge
Occupational Safety and Health
Review Commission
One Lafayette Centre
1120 20th St. N.W., Suite 990
Washington, DC 20036 3419

00114045420:02

UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
One Lafayette Centre
1120 20th Street, N.W. -- 9th Floor
Washington, DC 20036-3419

FAX:
COM (202) 606-5050
FTS (202) 606-5050

SECRETARY OF LABOR,
Complainant,
v. : OSHRC Docket No. 92-2461
AA QUALITY CONSTRUCTION
MATERIALS,
Respondent.

Appearances:

William G. Staton, Esq.
Office of the Solicitor
U.S. Department of Labor
For Complainant

Robert Gambell, Esq.
Riley, O’Melio, Shoveland &
Jones
Clementon, New Jersey
For Respondent

Before: Administrative Law Judge Michael H. Schoenfeld

DECISION AND ORDER

Background and Procedural History

This case arises under the Occupational Safety and Health Act of 1970, 29 U.S.C. §§
651 - 678 (1970) (“the Act”).

Having had its worksite inspected by a compliance officer of the Occupational Safety
and Health Administration, A.A. Quality Construction Material, (“Respondent”) was issued
citations alleging 3 willful, 10 serious and 4 other-than-serious violations of the Act.
Penalties of $15,100, $9,300 and $300 were proposed for the willful, serious and other than
serious violations, respectively. Respondent timely contested. Following the filing of a
complaint and answer and pursuant to a notice of hearing, the case came on to be heard on
June 14, 1993, in Philadelphia, Pennsylvania. No affected employees sought to assert party
status.

Jurisdiction

Complainant alleges and Respondent does not deny that it is an employer engaged
in the manufacture and sale of construction materials. Respondent does not deny that it
uses tools, equipment and supplies which have moved in interstate commerce. I find that
Respondent is engaged in a business affecting interstate commerce.

Based on the above finding, I conclude that Respondent in an employer within the
meaning of § 3(5) of the Act.¹ Accordingly, the Commission has jurisdiction over the
subject matter and the parties.

Discussion

The parties, through the diligent efforts of counsel achieved a settlement during a
series of conferences held at the time and place of the hearing (Tr. 2-5). The statements
of settlement made at the hearing have been reduced to a written Stipulated Settlement.

ORDER

The terms and conditions of the Stipulated Settlement, incorporated herein in its
entirety, are approved.

MICHAEL H. SCHOENFELD
Judge, OSHRC

Dated: OCT 19 1993
Washington, D.C.

¹ Title 29 U.S.C. § 652(5).

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