Reliable Roofing, Inc.

Plain-English summary

Reliable Roofing contested a serious citation issued after OSHA inspected one of its construction worksites. The citation alleged five electrical, ladder, and training violations, and the case was assigned to the Commission's E-Z Trial procedure. The parties reached a written settlement just before the hearing, and Chief Judge Irving Sommer approved and incorporated it; the official release does not reproduce the settlement terms or penalty.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1926.404(b)(1)(i); 29 C.F.R. § 1926.405(a)(2)(ii)(I); 29 C.F.R. § 1926.1053(b)(1); 29 C.F.R. § 1926.1053(b)(8); 29 C.F.R. § 1926.1060(a)
• Outcome: Stipulated settlement approved; the release does not state the resolved penalty or item-by-item terms.
• Key point: A settlement stated on the hearing record and signed by the parties can be approved and incorporated as the final disposition.

Full text (OSHRC public release)

                            United States of America
           OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
                       1120 20th Street, N.W., Ninth Floor
                          Washington, DC 20036-3419




                                           :

SECRETARY OF LABOR, :
:
Complainant, :
:
v. : OSHRC DOCKET NO. 99-1047
:
RELIABLE ROOFING, INC., :
:
Respondent. :
:

Appearances:

             Diane C. Sherman, Esquire                     Alan Christoffersen
             New York, New York                            New York, New York
             For the Complainant.                          For the Respondent, pro se.

Before: Chief Judge Irving Sommer

                                 DECISION AND ORDER

      This is a proceeding pursuant to section 10(c) of the Occupational Safety and Health Act of

1970, 29 U.S.C. § 651 et seq. (“the Act”) to review a citation and notification of penalty issued by
the Secretary of Labor pursuant to section 10(a) of the Act.
Following an inspection of a construction work site of Respondent, the Secretary of Labor
issued a serious citation alleging violations of 29 C.F.R. §§ 1926.404(b)(1)(i), 1926.405(a)(2)(ii)(I),
1926.1053(b)(1), 1926.1053(b)(8) and 1926.1060(a). Respondent timely contested the citation, and
the case was designated for E-Z Trial pursuant to Commission Rule 203. The case came on to be
heard in New York, New York on January 12, 2000.
 2

                                         Discussion
   At the commencement of the hearing, the parties informed the undersigned that they had

reached a settlement in regard to the citation and notification of penalty. The terms of the settlement
were discussed on the record, and the parties submitted Exhibit C-1, the written stipulated settlement
they had signed that morning just prior to the hearing.
ORDER
The terms and conditions of the stipulated settlement, which are incorporated herein in their
entirety, are APPROVED.

                                                   Irving Sommer
                                                   Chief Judge

Date: 3 FEB 2000