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STATE OF OREGON <br /> DEPARTMENT OF CONSUMER AND BUSINESS SERVICES <br /> OREGON OCCUPATION SAFETY AND HEALTH DIVISION <br /> OR -OSHA, ) Citation No: M1454- 025 -06 <br /> Plaintiff, ) Inspection No: 309420131(14) <br /> v. ) Docket No: <br /> City of Eugene, ) <br /> Defendant ) <br /> ) SETTLEMENT OF APPEALED CITATION <br /> ) STIPULATED FINAL ORDER <br /> IN ACCORDANCE WITH THE RULES OF THE WORKERS' COMPENSATION BOARD, THE <br /> PARTIES TO THIS PROCEEDING HAVE FULLY SETTLED ALL APPEALED ISSUES WITH <br /> RESPECT TO THE APPEALED CITATION, AND HEREBY AGREE AS FOLLOWS: <br /> 1. This settlement represents the entire agreement between the parties to settle the above captioned <br /> citation. <br /> 2. A hearing before an Administrative Law Judge of the Workers' Compensation Board, Hearings <br /> Division is not required. <br /> 3. The parties agree that the Settlement will act to amend the citation and the citation as amended will be <br /> final. Defendant's request for hearing on all other items or issues is withdrawn and these items are <br /> affirmed. <br /> 4. Plaintiff and Defendant agree to waive all rights to appeal this final order to the Oregon Court of <br /> Appeals under ORS 183.482. <br /> 5. 1 -1 Is affirmed, penalty $1250.00,changing the variable language to read: a) The employer did <br /> not inspect the fish trap prior to authorizing employees' use. The employees were exposed to <br /> unguarded rotating parts and nip points. b) Employees with little to no experience were allowed to <br /> work from the fish trap. One supervisor had one employee working on the trap and another <br /> supervisor had two employees working on the trap. <br /> 6. 2 -2 Is affirmed, penalty $250.00 <br /> 7. The total citation penalty remains $1,500.00 <br /> Defendant agrees to abate all violations. The number of days originally set in the citation for abatement of <br /> Other Than Serious violations begins as of the date the employer signs this document. <br /> This settlement agreement becomes effective on the date the employer, or its representative, signs the <br /> agreement. <br /> Per OAR 437 - 001 -0275 a copy of this settlement agreement "shall be posted for ten days or until all <br /> Stipulated Final Order 01/04 <br />