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

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