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Ezel / Agency Decisions / 99-1204-alj
OSHRC ALJ decision Docket 99-1204 Decided March 6, 2000 Settled Judge Irving Sommer

Champion Environmental Services, Inc.

Settlement approved, ending a contested construction citation

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This order from 2000 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.

Currency note: this decision dates from 2000
The OSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final order, not Commission precedent
This decision by an OSHRC Administrative Law Judge became a final order of the Commission because no Commissioner directed review (29 U.S.C. § 661(j)). It binds the parties but is not binding precedent in other cases. The full text below is from the official OSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official OSHRC release. The full text is the Commission's own document.
Read the official release (oshrc.gov)

Plain-English summary

Champion Environmental Services was cited after OSHA inspected one of its construction work sites. The serious citation alleged two violations of the construction standard at 29 C.F.R. § 1926.1101. Champion contested, and the case was set for an E-Z Trial in Chicago. At the December 1999 hearing, the parties told Chief Judge Sommer they had reached a settlement. They reduced the terms to a written stipulated agreement, and the judge approved it. The order incorporates the settlement terms by reference and does not restate them.

Decision snapshot

  • Cited standard(s): 29 C.F.R. § 1926.1101(f)(1)(iii); 29 C.F.R. § 1926.1101(g)(10)(i)
  • Outcome: Parties settled; the stipulated settlement was approved. Its terms are incorporated by reference and not set out in the order.
  • Key point: A contested citation can be resolved by a stipulated settlement approved by the judge, ending the case without a ruling on the merits.

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. 99-1204
:
CHAMPION ENVIRONMENTAL :
SERVICES, INC., :
:
Respondent. :
:

Appearances:

             Helen J. Schuitmaker, Esquire                 Todd C. Lyster, Esquire
             Chicago, Illinois                             Chicago, Illinois
             For the Complainant.                          For the Respondent.

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. §§ 1926.1101(f)(1)(iii) and
1926.1101(g)(10)(i). 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 Chicago, Illinois, on
December 15, 1999.
2

                                       Discussion
   At the hearing, the undersigned was informed that the parties had reached a settlement in

regard to the citation and notification of penalty. The Secretary’s counsel then provided a
summarization of the settlement, which has been reduced to a written stipulated settlement and
submitted by the parties.
ORDER
The terms and conditions of the stipulated settlement, which are incorporated herein in their
entirety, are APPROVED.

                                                 Irving Sommer
                                                 Chief Judge

Date: 26 JAN 2000

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