ORDERS:
ORDER
THIS MATTER comes
before me pursuant to Section 41-15-600, Code of Laws of South Carolina, 1976,
as amended, to review a proposed settlement entered into between the parties on
the 4th day of February, 2009.
This matter arose as a
result of the issuance of one (1) citation by the South Carolina Department of
Labor, Licensing and Regulation on July 9, 2008, charging the Respondent with
one (1) serious violation of various Occupational Safety and Health Standards
for which a penalty was proposed in the aggregate amount of One Thousand Five
Hundred ($1,500.00) dollars. The Respondent filed a timely Notice of Protest
contesting the issued citation and proposed penalty in this matter.
Subsequently, on
February 4, 2009, the parties executed a Settlement Agreement, a copy of which
is attached hereto and incorporated herein, but not merged in to this Order.
From the Certificate of
Posting submitted with the Settlement Agreement, and signed by the Respondent,
it appears that the proposed Settlement Agreement was posted in accordance with
the Rules and Regulations of the Occupational Health and Safety Review Board,
Sections127-1-1, et. seq., South Carolina Rules and Regulations on the 19th day of February, 2009. More than fifteen (15) days have elapsed since the
posting of the Settlement Agreement and no affected employees have either
voiced any objection to 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 provision sand
objectives of the South Carolina Occupational Safety and Health Act, and
IT IS THEREFORE
ORDERED, that the Settlement Agreement be affirmed.
AND IT IS SO ORDERED.
__________________________________
Ralph King Anderson, III
Administrative Law Judge
April 3, 2009
Columbia, South Carolina
|
