Document daxw51bwZQ8r7a500jQv4pw45

UNITED STATES OP AMERICA OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RAY MARSHALL, Secretary of Labor, United States Department of Labor Complainant v OSHRC Docket No. 78-5871 E. I. duPONT de NEMOURS & COMPANY SABINE RIVER WORKS, Respondent, SETTLEMENT AGREEMENT Come now the parties through their respective repre sentatives and submit the following settlement agreement pursuant to Rule 100 of the Rules of Procedure: 1. Complainant has determined that Item la of the Serious Citation No. 1 issued to Respondent November 6, 1978 should be deleted and in lieu thereof. Complainant hereby amends the said citation as follows: "Citation No. 1 Item 1. (Serious) A. 29 C.P.R. 310.1001(g)(1)(i): Caution signs were not provided nor displayed at each location where airborne concentrations of asbestos fiber may be in excess of the exposure limits: (a) at the north end of the 258 area, insulation containing asbestos was removed from pipes in the overhead rack allowing the emission of airborne fibers." DUP 0961264 r 2. Complainant hereby withdraws Items Nos. lb and lc alleging violations of 29 C.F.R. 1910.1001(h)(1) and 29 C.F.R. 1910.1001(h)(2). Hv 3. Respondent has paid the proposed penalty of $560.00 sought by Complainant and desires therefore to withdraw the notice of contest and consents to the entry of a final order by the Occupational Safety and Health Review Commission. 4. Respondent represents that the aforementioned violation has been abated. 5. Respondent agrees that Complainant shall be permitted giL: s= access to its workplace during Respondent's normal business hours subsequent to the abatement dates set forth for the specific and limited purpose of permitting Complainant to con mvv.v. firm respondent's compliance with the abatement provisions of this agreement. 6. Respondent states it will comply with the Occupational Safety and Health Act of 1970 (29 U.S.C. 651, et seq.). 7. Respondent certifies that a copy of this settlement W- *:;u :::: sir agreement has been served upon represented and unrepresented affected employees in the manner set forth in Rule 7 of the - 2- DUP 0961265 \