United States of America

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

 

SECRETARY OF LABOR,

Complainant,

v. OSHRC DOCKET NO. 19-9999

ABC COMPANY, 

 Respondent.

JOINT NOTIFICATION OF PARTIAL SETTLEMENT 

The parties respectfully notify the Court that the parties have partially settled the above 

captioned case and have executed [a formal] [an informal] settlement agreement. 

CERTIFICATION OF CONTESTED CITATION ITEMS FULLY SETTLED

The parties certify that the following citation items in this case have been fully settled. All 

settled citation items are set forth, on a separate row, in the following chart. Commission Rule 

100(b)(1)(i).1

Citation No. Item No. Resolution: Settled / Withdrawn

1 1 settled

1 2(a) settled

1 2(b) withdrawn

2 1 settled

 1 OSHRC’s new Rules of Procedure were effective June 10, 2019 and all references contained herein refer 

to these revised Rules. Rules of Procedure, 84 Fed. Reg. 14554 (April 10, 2019) (to be codified at 29 C.F.R. 

pt. 2200). (https://www.federalregister.gov/documents/2019/04/10/2019-06581/rules-of-procedure).
2

CERTIFICATION OF CONTESTED CITATION ITEMS THAT REMAIN TO BE DECIDED.

The parties certify that the following citation items in this case have not settled and remain 

to be decided. All citation items that remain to be decided are set forth, on a separate row, in the 

following chart. Commission Rule 100(b)(1)(i).

Citation No. Item No. Not Settled / Remain to be decided.

1 3(a) Not settled.

1 3(b) Not settled.

1 4 Not settled.

2 2 Not settled.

CERTIFICATION OF POSTING

The parties certify that the executed partial settlement agreement was posted to provide 

notice to the affected employees.2

 Commission Rules 7(g); 100(b)(1)(ii); 100(c). The parties 

certify that the partial settlement agreement was posted at a location prescribed by Commission 

Rule 7(g) on the following date: ____________June 10, 2019_____________. 

The partial settlement agreement shall remain posted for fourteen (14) days. 

CERTIFICATION REGARDING PARTY WHO HAS ELECTED PARTY STATUS

The parties certify that any party who has elected party status, under Commission Rule 20, 

has been afforded an opportunity to provide input on all matters pertaining to the partial settlement 

before the partial settlement agreement was finalized. Commission Rule 100(b)(1)(iii).

CERTIFICATION WHETHER PARTIAL SETTLEMENT INCLUDES PLEADING 

WITHDRAWAL, AND WHETHER THE WITHDRAWAL IS WITH PREJUDICE

In the following chart, the parties certify the status of any citations, notifications, notices, 

or petitions, withdrawn in the partial settlement agreement, and certify whether the withdrawal 

was with or without prejudice. Each citation item and notification of proposed penalty withdrawn 

is included, on a separate row, in the chart. Commission Rule 100(b)(1)(iv).

 2 In cases where all affected employees are represented by an authorized employee representative 

an alternative certification shall be included in the Joint Notification of Partial Settlement, rather 

than the posting certification stated above. The alternative certification shall comply with

Commission Rules 7(f); 100(b)(1)(ii); 100(c) and shall include the date of service.
3

Pleading Withdrawal - With or Without Prejudice

Citation 1, Item 2(b) With prejudice

Notification of Proposed Penalty 

– Citation 1, Item 2(b)

With prejudice

Notice of Contest With prejudice, in part, only as to the 

withdrawn citation item and notification of 

proposed penalty.

ACKNOWLEDGEMENT THAT THE PARTIES HAVE NOT PROVIDED THE PARTIAL 

SETTLEMENT AGREEMENT WITH THIS JOINT NOTIFICATION.

The parties confirm that they have not incorporated the partial settlement agreement in, or 

append it to, this joint Notification of Partial Settlement. See Commission Rule 100(b)(2). 

DRAFT ORDER TERMINATING PROCEEDING.

An Order of Severance shall issue severing the settled citation items from this case pursuant 

to Commission Rule 10, which settled items shall be resolved independently in a newly assigned 

docket number. An Order Terminating Proceeding regarding the settled citation items shall issue

in the case designated with the newly assigned docket number.

The parties confirm that they have filed, for execution by the Judge, a draft Order 

Terminating Proceeding, acknowledging that the parties have resolved the settled citation items

identified above and agreed to terminate the proceeding before the Commission regarding those 

settled items, pursuant to revised Commission Rules 100(b)(3); 100(c). 

Date: ___June 11, 2019___________________

Name

Solicitor of Labor
4

Name

Regional Solicitor

Name

Associate Regional Solicitor

/s/_____________________

Name

Senior Trial Attorney (Trial Attorney)

Attorney for Complainant

U.S. Department of Labor

Office of the Solicitor

Street Address

City, State, Zip Code

Phone Number

Email Address

/s/_______________________________

Name

[Title] Attorney for Respondent

[Title] Representative for Respondent

[Title – Self Represented] ABC Company, 

President, General Manager, Safety Director, 

etc.

Firm / ABC Company

Street Address

City, State, Zip Code

Phone Number

Email Address
5

CERTIFICATE OF SERVICE

[Represented parties – mandatory electronic filing].

This is to certify that service of the Joint Notification of Partial Settlement filed in the 

Commission’s E-File System was also simultaneous served by email attachment to the parties 

listed below on ______________________

[Self-Represented party – non-electronic filing].

This is to certify that a copy of the Joint Notification of Partial Settlement was served by 

first class, postage prepaid, U.S. Mail to the parties listed below on ______________________

___/s/______________________

Name Title

Company / Firm Name / Office of the Solicitor

Street Address

City, State, Zip Code

Email Address