DATE:  May 26, 1995                

CASE NO.: 94-STA-38

IN THE MATTER OF

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,
               Prosecuting Party,

and

RODERICK HILL,
               Complainant,

  v.

JILL SHAHAN dba JCS FARMS,
               Respondent.

 RECOMMENDED DECISION AND ORDER APPROVING SETTLEMENT
                AND DISMISSING THE APPEAL OF THE RESPONDENT

     This case arises under the employee protection provisions of
Section 405 of the Surface Transportation Act of 1982 (STAA), 49
U.S.C. § 2305.
     At the hearing in Chattanooga, Tennessee, on May 23, 1995,
the parties reached a settlement (a copy of which is attached
hereto and marked as "Exhibit A").

     I have reviewed the settlement agreement and find it to be
fair, adequate and reasonable pursuant to 29 C.F.R. §
1978.111(d)(2).  See Davis v. Kimstock, Inc., Case No. 90-
STA-98, Secretary Approval and Dismissal of Complaint, November
30, 1990.  It is, therefore, 
     ORDERED that the Settlement Agreement, a copy of which is
attached hereto and made a part hereof, is approved and this case
is hereby Dismissed With Prejudice.
                              SO ORDERED
[PAGE 2]
                              RICHARD K. MALAMPHY
                              Administrative Law Judge