SECRETARY OF LABOR,
Complainant,

v.

GILIAN INSTRUMENT CORPORATION,
Respondent.

OSHRC DOCKET No. 88-2306

ORDER

The parties' stipulation and settlement agreement is approved.

FOR THE COMMISSION
Ray H. Darling Jr.
Executive Secretary

Dated: April 11, 1989

ELIZABETH DOLE, SECRETARY OF LABOR,
Complainant,

v.

GILIAN INSTRUMENT CORP.
Respondent.

OSHRC Docket No. 88-2306

Stipulation and Settlement Agreement

In full settlement and disposition of the instant matter, it is stipulated and agreed by the parties as follows:

1. Respondent agrees that the cited equipment will be appropriately guarded or withdrawn from service.

2. Complainant hereby amends the penalty proposed in connection with the citation in this matter from $700 to $350.

3. Respondent hereby withdraws its notice of contest to the citation and to the notification of proposed penalty as amended above.

4. Respondent agrees to pay $350 in full and complete payment of the penalty within 10 days of the date of this settlement agreement.

5. Respondent certifies that a copy of this Stipulation and Settlement Agreement was posted in the workplace on the 1st day of April, 1989, in accordance with Rules 7 and 100 of the Commission's Rules of Procedure. There are no authorized representatives of employees.

6. Each party bear its own litigation costs and expenses.

Dated this 1st day of April, 1989.

Gilian Instrument Corp.

Jerry G. Thorn
Acting Solicitor

Cynthia L. Attwood
Associate Solicitor for
Occupational Safety
and Health

Daniel J. Mick
Counsel for Regional
Trial Litigation

SECRETARY OF LABOR,
Complainant,

v.

GILIAN INSTRUMENT CORP.,
Respondent.

OSHRC Docket No. 88-2306

ORDER DISMISSING NOTICE OF CONTEST

Respondent, having failed to respond to an order to show cause and pursuant to Rule 41(a) of the Commission's Rules of Procedure [29 C.F.R. § 2200.41(a)], is hereby declared in default for its failure to comply with Commission Rule 36, 2200.36, requiring the filing of an answer to the complaint in this cause.

Therefore, it is ORDERED:

1. The notice of contest is dismissed.

2. The citations are affirmed and a penalty in the amount of $700.00 is hereby assessed.

Dated this 31st day of January, 1989.

PAUL L. BRADY
Judge