U.S. Department of Labor
                             Office of Administrative Law Judges
                                    Federal Building, Suite 4300
                                       501 W. Ocean Boulevard
                                     Long Beach, California  90802
                                        (310) 980-3594
                                        (310) 980-3596
                                      FAX: (310) 980-3597


DATE: April 24, 1996

CASE NO:  95-TSC-9

In the Matter of:

STEVEN E. BALOG,
          Complainant,

     v.

MED-SAFE SYSTEMS, INC.,
          Respondent.


                      DECISION AND ORDER APPROVING
          SETTLEMENT AND DISMISSING MATTER WITH PREJUDICE

 This matter arises under the Toxic Substances Control Act,
15 U.S.C. §2601 et seq. ("TSCA").  Complainant,
Steven E. Balog, has appealed the determination of Linda M.
Burleson, District Director, dated March 3, 1995, which has been
construed to be a request for hearing.  The above-entitled matter
was received by the undersigned Administrative Law Judge on March
22, 1995.

     Pursuant to an order dated January 18, 1996, the undersigned
convened a prehearing conference in this matter in San Diego,
California, on January 31, 1996.  Based upon the agreement of
both parties, the undersigned entered an order scheduling the
formal hearing for the week of April 29, 1996, at San Diego,
California.

     In a letter dated February 8, 1996, addressed to Acting
Chief Administrative Law Judge John M. Vittone, the parties
requested the appointment of a settlement judge pursuant to Rule
18.9(e) of the Rules of Practice and Procedure for Administrative
Hearings Before the Office of Administrative Law Judges (the
"Rules").  29 C.F.R. § 18.9(e).  Based upon this request, an
order was issued by Acting 
[PAGE 2]
Chief Administrative Law Judge John M. Vittone on February 13,
1996, appointing Administrative Law Judge Thomas Schneider as the
settlement judge in this matter.

     On April 22, 1996, this office received a letter from
counsel for Respondent indicating that the parties were able to
settle this matter without the necessity of a formal hearing. 
The parties further commended Judge Schneider for his "highly
proficient job in handling the difficult settlement
negotiations."


                  The Settlement Agreement

     Attached to the letter received on April 22, 1996, is the
parties' "Confidential Agreement and Release of All Claims" which
appears to have been executed by Complainant, Complainant's wife,
and Respondent's Chief Executive Officer.  The settlement
agreement provides in pertinent part that:

* * *
[EDITOR'S NOTE:  THE TERMS OF THE AGREEMENT
HAVE BEEN REDACTED]
* * *

     The undersigned hereby finds that the settlement is adequate
and not procured by duress.  The parties' agreement substantially

[PAGE 3]
conforms with Section 18.9 of the Rules of Practice and Procedure
for Administrative Hearings Before the Office of Administrative
Law Judges.  29 C.F.R. § 18.9 (1994).  Accordingly, the
settlement is hereby approved.  The provision for the payment of
attorney fees is also reasonable in light of the nature and
extent of this matter, and therefore, said fees are likewise
approved.

                            ORDER

     IT IS HEREBY ORDERED that:

     1.   Respondent shall [EDITOR'S NOTE:  SETTLEMENT
TERM REDACTED];

     2.   Respondent shall [EDITOR'S NOTE:  SETTLEMENT
TERM REDACTED];

     4.   The "Confidential Agreement and Release of All Claims,"
executed by the parties on April 16, 1996, is hereby APPROVED and
incorporated by reference into this ORDER;

     5.   The parties shall continue to comply with the terms and
conditions agreed to in the "Confidential Agreement and Release
of All Claims";

     6.   This ORDER shall have the same force and effect as an
order made after full hearing; and

     7.   The above-styled matter is hereby DISMISSED WITH
PREJUDICE;

     Entered this 24th day of April, 1996, at Long Beach,
California.


                                   SAMUEL J. SMITH
                                   Administrative Law Judge