ORDERS:
ORDER OF DISMISSAL
This matter comes before me pursuant to S.C. Code Ann. 41-15-310 (Supp. 2008) to review a proposed settlement entered into between the parties on the 19th day of April, 2010.
This matter arose as a result of the issuance of one (1) citation by the South Carolina Department of Labor, Licensing and Regulation on June 4, 2009, charging the Respondent with four (4) serious violation of various Occupational Safety and health Standards for which a penalty was proposed in the aggregate amount of Four thousand, two hundred ($4,200.00) dollars. The Respondent filed a timely Notice of Protest contesting the issued citation and proposed penalty in this matter.
Subsequently on April 19, 2010, the parties executed a Settlement Agreement, a copy of
which is attached hereto and incorporated herein.
From the Certificate of Posting submitted with the Settlement Agreement, and signed by the Respondent, it appears that the proposed Settlement Agreement, and was posited in accordance with the Rules and Regulations of the Occupational Health and Safety Review Board, Sections 127-1-1, et. seq., South Carolina Rules and Regulations on the 19th day of April 2010. More than fifteen (15) days have elapsed since the posting of the Settlement Agreement and no affected employees have either voiced any objection the proposed Settlement Agreement or attempted to claim party status in this matter.
Having carefully reviewed the citations, the Respondent’s Notice of Protest, and the Settlement Agreement incorporated herein, I am persuaded that the proposed settlement is in the
best interest of the parties and is consistent with the provisions and objectives of the South Carolina Occupational Safety and Health Act, and
IT IS HEREBY ORDERED that this case be DISMISSED in keeping with the Settlement Agreement.
AND IT IS ORDERED.
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Ralph King Anderson, III
Chief Administrative Law Judge
May 25, 2010
Columbia, South Carolina |