________________________________________
                                        )
LYNN MARTIN, Secretary of Labor,        )
United States Department of Labor,      )
                                        )
                    Complainant         )    OSHRC Docket
                                        )
     v.                                 )    No.  90-0956
                                        )
SUPERIOR CONSOLIDATED INDUSTRIES, INC., )
                                        )
                    Respondent          )
                                        )
________________________________________)

Com plainant, Lynn Martin, Secretary of Labor, United States Department of Labor, and Respondent, Superior Consolidated Industries, Inc., pursuant to Rule 100 of this Commission hereby agree to the disposition of this matter on the following terms:

Complainant hereby amends the Citations and Notifications of Penalty as amended in the Complaint by withdrawing any reference to Willful Item No. 24 and making that Citation Item 3(c) of Willful Citation and Notification of Penalty No. 2.

a. Complainant hereby amends the Citations and Notifications of Penalty to propose a penalty of $100,000.00. The parties agree that the amount of such proposed penalty, as amended, is appropriate and reflects due consideration of the size of the business of the respondent, the gravity of the violation alleged, the good faith of the respondent, and the history of previous violations, as required by ?17(j) of the Act.

b. Complainant hereby amends the Citations and Notifications of Penalty to propose the following penalties:

          Citation and                  Amended
           Item Number             Proposed Penalty

Serious No. 1, Item No. 1                 210.00
Serious No. 1, Item No. 2                 244.00
Serious No. 1, Item No. 3(a) and (b)      244.00
Serious No. 1, Item No. 4                 170.00
Serious No. 1, Item No. 5                 170.00
Serious No. 1, Item No. 6                 210.00
Serious No. 1, Item No. 7                 210.00
Serious No. 1, Item No. 8                 210.00
Serious No. 1, Item No. 9                 210.00
Serious No. 1, Item No. 10                170.00
Serious No. 1, Item No. 11                170.00
Serious No. 1, Item No. 12                170.00
Serious No. 1, Item No. 13                170.00
Serious No. 1, Item No. 14                170.00
Serious No. 1, Item No. 15                210.00
Serious No. 1, Item No. 16                210.00
Serious No. 1, Item No. 17                281.50
Serious No. 1, Item No. 18                170.00
Serious No. 1, Item No. 19(a), (b)
     (d), and (e)                         244.00
Serious No. 1, Item No. 20                281.50
Serious No. 1, Item No. 21                281.50
Serious No. 1, Item No. 22                244.00
Serious No. 1, Item No. 23                210.00
Serious No. 1, Item No. 24(a) and (b)     170.00
Serious No. 1, Item No. 25                244.00
Serious No. 1, Item No. 26                244.00
Serious No. 1, Item No. 27                281.50
Willful No. 2, Item No. 1               $4000.00
Willful No. 2, Item No. 2                4000.00
Willful No. 2, Item No. 3(a),
 3(b) and 3(c)                           4000.00
Willful No. 2, Item No. 4                5130.00
Willful No. 2, Item No. 5                5130.00
Willful No. 2, Item No. 6                5130.00
Willful No. 2, Item No. 7                5130.00
Willful No. 2, Item No. 8                5130.00
Willful No. 2, Item No. 9                5130.00
Willful No. 2, Item No. 10               2500.00
Willful No. 2, Item No. 11               3500.00
Willful No. 2, Item No. 12               3500.00
Willful No. 2, Item No. 13               3500.00
Willful No. 2, Item No. 14               4000.00
Willful No. 2, Item No. 15               3680.00
Willful No. 2, Item No. 16               3680.00
Willful No. 2, Item No. 17               3680.00
Willful No. 2, Item No. 18               3680.00
Willful No. 2, Item No. 19               3500.00
Willful No. 2, Item No. 20               4000.00
Willful No. 2, Item No. 21(a) and (b)    1500.00
Willful No. 2, Item No. 22               2500.00
Willful No. 2, Item No. 23               4000.00
Willful No. 2, Item No. 24                  0.00
Repeat No. 3, Item No. 1                   50.00
Repeat No. 3, Item No. 2                  450.00
Repeat No. 3, Item No. 3                  550.00
Repeat No. 3, Item No. 4                  550.00
Repeat No. 3, Item No. 5                  650.00
Repeat No. 3, Item No. 6                  650.00
Repeat No. 3, Item No. 7                  650.00
Repeat No. 3, Item No. 8                  650.00
Other No. 4, Item No. 1                      0
Other No. 4, Item No. 2                      0
Other No. 4, Item No. 3                      0
Other No. 4, Item No. 4                      0
Other No. 4, Item No. 5                      0
Other No. 4, Item No. 6                      0

The parties agree that each said amended proposed penalty is appropriate and reflects due consideration of the size of the business of the Respondent, the gravity of the violation alleged, the good faith of the Respondent, and the history of previous violations, as required by ?17(j) of the Act.

Respondent has no objection to the complainant amending the citations and Notifications of Penalty as set forth in paragraphs I and II above.

Respondent hereby withdraws its Notice of Contest to the Citations and Notifications of Penalty, as amended herein. Respondent makes the following representations and assurances to Complainant:

a. With respect to Item 1 of Willful Citations and Notifications of Penalty No. 2, the violations will be abated six months after the issuance of the final order of the Review Commission.

b. With respect to Items 4 through 9 of Willful Citations and Notifications of Penalty No. 2, the following corrective actions, directed towards good faith attempts to abate the alleged violative condition, have been and/or are being taken:

1. Respondent shall provide it's employees involved in silica sandblasting operations a continuous flow air-line respirator constructed so it will cover the user's head, neck and shoulders to protect him from rebounding abrasive.

2. Respondent shall properly maintain its respiratory protective equipment to retain its original effectiveness.

3. Respondent shall regularly inspect and evaluate the respirator program to ensure the effectiveness of the program.

c. With respect to Items 15 through 18 of Willful Citations and Notifications of Penalty No. 2, the following corrective actions, directed towards good faith attempts to abate the alleged violative conditions, have been and/or are being taken:

1. Respondent has redesigned it's dip-tank system on the track shoe conveyor line to guard against the chance that parts may fall into the dip tank.

2. Respondent has provided for mechanical removal of whatever parts that may fall into the dip tank.

3. Respondent will utilize a water based paint instead of the solvent based paint previously used.

4. Should it become necessary for any employee to reach into the dip tank, Respondent shall provide it's employees with impervious personnel protective equipment for hands, arms and torso to prevent any skin contact with the paint in the dip tank.

d. The remaining conditions alleged in the Citations and Notifications of Penalty as amended in the Complaint have been abated and/or will be abated by the proposed abatement dates. Nothing in this agreement shall be interpreted as a waiver of Respondent's right to file, in good faith a Petition For Modification of Abatement Dates.

e. To the best of Respondent's knowledge and belief, Respondent is currently complying, and in the future will in good faith continue to comply, with the provisions of the Act, and applicable standards promulgated pursuant thereto.

f. Respondent consents to subsequent OSHA inspections conducted to determine whether Respondent has abated the conditions enumerated in the Complainant filed in this matter.

g. Respondent will forward to Complainant a certified check payable to "Occupational Safety and Health Administration-Labor" for $25,000 no later than six months after the issuance of a Final Order in this matter.

h. The balance of the proposed penalty shall be forwarded in three payment of twenty-five thousand dollars ($25,000.00) each Administration - Labor." One payment shall be due on or before the following dates: September 1, 1992; September 1, 1993; September 1, 1994.

If any of the payments contemplated in paragraph IV of this Settlement Agreement are not forwarded to Complainant within fifteen days of the day in which they are due, the Respondent will be deemed in breach of the Settlement Agreement and the remaining balance of the penalty shall become due and owing immediately. The Complainant reserves the right, in its sole and unreviewable discretion, to file suit in an appropriate United States District Court to collect all monies due and owing to the United States Department of Labor as a result of default on this Settlement Agreement. Breach of Respondent's obligation to make payments pursuant to this Settlement Agreement shall not relieve Respondent of its other obligations under this Settlement Agreement.

Based on the aforesaid assurances and representations by Respondent, Complainant has no objection to the withdrawal of the Notice of Contest.

Respondent certifies that there is no authorized employee representative, at respondent's workplace. It is hereby further certified by Respondent that this Settlement Agreement will be served on employees within 10 days of the execution of this Settlement Agreement, by posting this agreement in a place where Settlement Agreement, by posting this agreement in a place where the citation is required to be posted, in accordance with Rules 7 and 100 of the Commission's Rules of Procedure.

Except for these proceedings, and matters arising out of these proceedings, and any other subsequent OSHA proceedings between the parties, none of the foregoing agreements, statements, findings, and actions taken by respondent shall be deemed an admission by the Respondent of the allegations contained within the Citations and Notifications of Penalty and the Complaint. The agreements, statements, findings, and actions taken herein are made for the purpose of compromising and settling this matter economically and amicably, and they shall not be used for any other purpose whatsoever, except as herein stated.

The Complainant and the Respondent agree that an order should be entered which:

A. Amends the Citations and Notifications of Penalty, as set forth above.

B. Allows Respondent to withdraw its Notice of Contest to the Citations and Notifications of Penalty, as amended herein.

C. Affirms the Citations and Notifications of Penalty, as amended, as a final and enforceable order of the Review Commission, and affirms the penalty in the amount proposed with no costs, fees or other expenses to be assessed or awarded to either of the parties in this litigation.

DATED: August 5, 1991.

Superior Consolidated         DAVID S. FORTNEY
 Industries, Inc.             Deputy Solicitor of Labor

                              JOHN H. SECARAS
By ____________________       Regional Solicitor

Its ___________________
                              __________________
                              STEVEN E. WALANKA
                              Attorney
_______________________
J. REED ROESLER               Attorneys for Lynn Martin,
Keck, Mahin & Cate            Secretary of Labor, United States
                              Department of Labor, Complainant

Any party (including any authorized employee representative of affected employees and any affected employee not represented by an authorized representative) who has any objection to the entry of an order as set forth in this agreement, must communicate such objections within ten (10) days of the posting of this agreement to the Honorable Benjamin R. Loye, Occupational Safety and Health Review Commission, 2nd Floor, Colonnade Bldg., 1244 N. Speer Blvd., Denver, Colorado 80204-3582 with copies to attorneys for complainant and respondent.