UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SETTLEMENT AGREEMENT

1. Scope and Intent of Settlement Agreement

   Complainant, Secretary of Labor, United States Department of Labor ("Complainant"), by and through his attorneys, and Respondent, Central Transport LLC ("Respondent"), hereby stipulate and agree that:

   1. On November 10, 2014, Respondent was cited for alleged violations of the Occupational Safety and Health Act of 1970, 29 USC 651, et seq. (the "Act") and was issued a Notification of Proposed Penalty in the total amount of Three Hundred Thirty Thousand Eight Hundred and 00/100 Dollars ($330,800.00).
   2. Respondent, an employer within the meaning of Section 3(5) of the Act, duly filed with a representative of Complainant a notice of intent to contest the Citation and Notification of Proposed Penalty.  This notice was duly transmitted to the Occupational Safety and Health Review Commission (the "Review Commission") and it is agreed that jurisdiction of this proceeding is conferred upon the Review Commission by Section 10(c) of the Act.
   3. Complainant has filed a Complaint therein stating with particularity the violations alleged, the penalty proposed and the issues in contest before the Review Commission.
   4. Complainant   and  Respondent   (the "Parties")   have  agreed   in  this  Settlement Agreement ("SA") to resolve this matter in full, without the necessity of further pleadings, as described herein.  This SA shall become effective on the date that it is fully executed by the Parties (the "Effective Date") and is inclusive of, and resolves, all citations and alleged violations and hazards proposed in Inspection No. 976899. 
   5. The Parties have also agreed to specific abatement terms for PIT Programs Evaluation and Update, Implementation at Covered Worksites, Monitoring and other terms described in Sections III through V below (collectively, "Additional Abatement Measures").  The Parties agree that all such Additional Abatement Measures shall be applied on a corporate-wide basis to all of Respondent's worksites in Federal OSHA jurisdiction where Respondent operates powered industrial trucks (the "Covered Worksites").  The currently existing Covered Worksites are identified in attached Exhibit A.  The terms of this SA shall also apply to any Covered Worksites acquired by Respondent during the Term (defined below) of this SA.  During the Term of this SA, Respondent shall, on a semi-annual basis, notify Complainant pursuant to Section XIV below of any such newly acquired Covered Worksites or any Covered Worksites that have been sold or shut down.
   6. The Parties to this SA recognize that some of Respondent's worksites are located in states that have assumed authority for the enforcement of Occupational Safety and Health standards pursuant to Section 18 of the Act ("State Plan States").  The Parties to this SA strongly believe that the approach set forth in this agreement will advance the safety and health conditions at Respondent's worksites and OSHA will notify and encourage State Plan States to honor or agree to the terms of this SA.  For ease of reference, the Parties have attached hereto as Exhibit B a current list of all of Respondent's worksites in State Plan States.
2. Resolution of Citations and Penalties
   1. Citations and Penalty.
      1. Citation 1, Item 1 shall remain a "Serious" violation under Sections 5(a)(2) and 17(b) of the Act, with an amended penalty of Two Thousand Two Hundred and 00/100 Dollars ($2,200.00).
      2. Citation 1, Item 2 shall remain a "Serious" violation under Sections 5(a) and 17(b) of the Act, with an amended penalty of Two Thousand Two Hundred and 00/100 Dollars ($2,200.00).
      3. Citation 1, Item 3 shall remain a "Serious" violation under Sections 5(a)(2) and 17(b) of the Act, with an amended penalty of Three Thousand Five Hundred and 00/100 Dollars ($3,500.00).
      4. Citation 1, Item 4 shall remain a "Serious" violation under Sections 5(a)(2) and 17(b) of the Act, with an amended penalty of Two Thousand Seven Hundred Fifty and 00/100 Dollars ($2,750.00).
      5. Citation 1, Item 5 shall remain a "Serious" violation under Sections 5(a)(2) and 17(b) of the Act, with an amended penalty of Three Thousand Five Hundred and 00/100 Dollars ($3,500.00).
      6. Citation 1, Item 6 shall remain a "Serious" violation under Sections 5(a)(2) and 17(b) of the Act, with an amended penalty of Two Thousand Seven Hundred Fifty and 00/100 Dollars ($2,750.00).
      7. Citation 1, Item 7 shall remain a "Serious" violation under Sections 5(a)(2) and 17(b) of the Act, with an amended penalty of Two Thousand Seven Hundred Fifty and 00/100 Dollars ($2,750.00).
      8. Citation 1, Item 8 shall remain a "Serious" violation under Sections 5(a)(2) and 17(b) of the Act, with an amended penalty of Two Thousand Seven Hundred Fifty and 00/100 Dollars ($2,750.00).
      9. Citation 2, Item 1 is hereby reclassified to a "Repeat" violation under Sections 5(a)(2) and 17(a) of the Act, with an amended penalty of Thirty Thousand Two Hundred Fifty and 00/100 Dollars ($30,250.00).
      10. Citation 2, Item 2 is hereby reclassified to a "Repeat" violation under Sections 5(a)(2) and 17(a) of the Act, with an amended penalty of Thirty Thousand Two Hundred Fifty and 00/100 Dollars ($30,250.00).
      11. Citation 2, Item 3 is hereby reclassified to a "Repeat" violation under Sections 5(a)(2) and 17(a) of the Act, with an amended penalty of Thirty Thousand Two Hundred Fifty and 00/100 Dollars ($30,250.00).
      12. Citation 2, Item 4 shall remain a "Willful" violation under Sections 5(a)(2) and 17(a) of the Act, with an amended penalty of Thirty Thousand Two Hundred Fifty and 00/100 Dollars ($30,250.00).
      13. Citation 3, Item 1 shall remain a "Repeat" violation under Sections 5(a)(2) and 17(a) of the Act, with an amended penalty of Eleven Thousand and 00/100 Dollars ($11,000.00).
      14. Citation 3, Item 2 shall remain a "Repeat" violation under Sections 5(a)(2) and 17(a) of the Act, with an amended penalty of Eleven Thousand and 00/100 Dollars ($11,000.00).
   2. Respondent shall pay a total penalty to Complainant in the amount of One Hundred Sixty Five Thousand Four Hundred and 00/100 Dollars ($165,400.00).
   3. Respondent shall abate all of the Citation items, except as to those Additional Abatement Measures and dates specified in Sections III through V below, within 30 days after the Effective Date.
   4. Respondent certifies that the specific violative conditions alleged in the Citation and Notification of Penalty have been abated or will be abated by the abatement date set forth in Section II(C) above.  For each Citation item, Respondent shall, within 60 days after the Effective Date, submit to Complainant an abatement certification as required by 29 C.F.R. § 1903.19(c).  Respondent shall submit said abatement certifications to the Area Director of the OSHA Boston North Area Office located at the Shattuck Office Center, 138 River Road, Suite 102, Andover, MA 01810.  Respondent shall at the same time submit abatement documentation to the Area Director as required by 29 C.F.R. § 1903.19(d).  (Dates for compliance with the Additional Abatement Measures, and for the submission of other reports  and  documentation  required  by  this  SA,  and  to  whom  to  send  them,  are  set  forth elsewhere in this SA.)
   5. The Citation and Notification of Penalty is deemed amended to include the full terms of this SA, including all abatement measures, the Additional Abatement Measures, all agreements as to actions to be taken by Respondent, and all implementation dates, which are described in this SA.
3. PIT Programs Evaluation and Update
   1. Respondent shall hire an independent third-party monitor (the "Third Party Monitor") within 30 days after the Effective Date.   Within 60 days after the Effective Date, the Third Party Monitor shall evaluate Respondent's programs and procedures for powered industrial trucks ("PITs") and recommend modifications to Respondent, all in accordance with the requirements of this Section III.
      1. The Third Party Monitor's evaluation and recommendations shall address each of the following:
         1. Respondent's existing program for preventative maintenance of PITs;
         2. Respondent's existing procedures for repairing PITs that are found to be damaged, defective or unsafe;
         3. Respondent's existing procedures for PIT operator inspections; and
         4. Respondent's existing procedures for safe operation and travel of PITs at Covered Worksites.  
      2. The Third Party Monitor and Respondent shall work cooperatively to facilitate the evaluation, recommendations and program updates described in this Section III. 
   2. PM Program.  Within 90 days after the Effective Date, Respondent, with the assistance of the Third Party Monitor, shall develop a program for preventative maintenance of PITs, which shall include recommendations (if any) received from the Third Party Monitor, all in accordance with this Section III (the "PM Program").  
      1. As a minimum, the PM Program shall include the following requirements:
         1. Respondent shall perform all preventative maintenance of PITs at a performance standard established by Respondent and the Third Party Monitor.  Respondent and the Third Party Monitor shall follow the manufacturer's safety-related recommendations in establishing these standards;
         2. The PM Program shall include standards for qualifications of PIT maintenance staff.  Said qualifications shall be developed by Respondent and the Third Party Monitor and shall include requirements for the knowledge and experience of PIT maintenance personnel.  All PIT maintenance personnel shall also be required to be familiar with the technical and service manuals for the PITs being serviced; and
         3. Respondent shall maintain maintenance records for a minimum of 3 years after the date of service.
   3. Repair Procedures.  Within 90 days after the Effective Date, Respondent, with the assistance of the Third Party Monitor, shall develop procedures for repairing PITs that are damaged, defective or unsafe, which shall include recommendations (if any) received from the Third Party Monitor, all in accordance with this Section III (the "Repair Procedures"). 
      1. As a minimum, the Repair Procedures shall include the following requirements:
         1. Respondent shall perform repairs of PITs at performance standards established by Respondent and the Third Party Monitor.  Respondent and the Third Party Monitor shall follow the manufacturer's safety-related recommendations in establishing these standards.  Respondent shall adopt procedures for repair personnel to certify that said standards are met before PITs are returned to service;
         2. The Repair Procedures shall include standards for qualifications of PIT repair personnel.  Said qualifications shall be developed by Respondent and the Third Party Monitor and shall include requirements for the knowledge and experience of PIT repair personnel.  All PIT repair personnel shall also be required to be familiar with the technical and service manuals for the PITs being serviced; and
         3. Respondent shall maintain repair records for a minimum of 3 years after the date of service.
      2. Nothing in this agreement shall require Respondent to repair deficiencies to PITs, provided that Respondent has taken all PITs not so repaired out of service as provided in this SA.
   4. Operator Inspection Procedures.  Within 90 days after the Effective Date, Respondent, with the assistance of the Third Party Monitor, shall develop procedures for operator inspections of PITs, which shall include recommendations (if any) received from the Third Party Monitor, all in accordance with this Section III (the "Operator Inspection Procedures").
      1. As a minimum, the Operator Inspection Procedures shall include the following requirements:
         1. Respondent shall require a daily operator inspection of each PIT before it is placed in service;
         2. Respondent shall modify its existing PIT pre-operation checklist to include objective criteria for evaluating the condition of the vehicle and its safety elements;
         3. Respondent shall require that PITs may not be placed in service if the inspection reveals that the PIT does not meet the objective safety criteria included in the pre-operation checklist.  Respondent shall adopt procedures that, to the greatest extent feasible, ensure that employees perform proper PIT inspections, report unsafe PITs to management and remove unsafe PITs from service.  (This includes ensuring there are no disincentives to completing proper inspections, reporting deficiencies, removing PITs from service, and locating and inspecting alternate PITs);
         4. Respondent shall adopt procedures for operators to notify management of PITs that are found to be damaged, defective or any way unsafe.  The Internal Monitor shall also have access to safety inspection reports completed by PIT operators. Respondent shall develop procedures for the Internal Monitor to ensure that management is taking appropriate action to address the safety of PITs that are reported to be damaged, defective or any way unsafe; and
         5. Respondent shall maintain all PIT inspection checklists for a minimum of 90 days.
   5. Facilities Procedures for PITs.  Respondent, with the assistance of the Third Party Monitor, shall develop procedures to ensure safe travel and operation of PITs at Covered Worksites, which shall include recommendations (if any) received from the Third Party Monitor, all in accordance with this Section III (the "Facilities Procedures for PITs"):
      1. As a minimum, the Facilities Procedures for PITs shall include the following requirements:
         1. Respondent shall perform maintenance and housekeeping of all areas where PITs travel such that all passageways, aisle ways, docks, ramps and other areas of travel are kept free of obstructions, slick surfaces and other hazards to the extent practicable; 
         2. The terminal manager of each Covered Worksite shall inspect such areas for hazards and obstructions no less frequently than monthly.  Respondent shall maintain records of all such monthly inspections for the Term of this SA;
         3. Respondent shall require employees to report facility hazards and obstructions to management as they are discovered.  Upon identification of any hazard or obstruction, whether by the terminal manager or other employee, Respondent shall require terminal personnel to effectively eliminate the hazard or obstruction or mark off the area to PIT traffic, to ensure employees are not exposed to unsafe conditions; and
         4. Respondent shall develop procedures to monitor and enforce work rules requiring PIT operators to wear seat belts whenever provided by the manufacturer. 
4. Implementation at Covered Worksites
   1. Implementation at Maintenance and Repair Facilities.
      1. Respondent shall implement the updated PM Program and Repair Procedures at its PIT maintenance and repair facilities within 120 days after the Effective Date (the "M/R Implementation Date").  Respondent shall provide training to all current PIT maintenance and repair staff on the updated program and procedures on or before the M/R Implementation Date.  The training shall also be given to new PIT maintenance and repair hires at the time of their initial orientation.  Said training shall be developed by Respondent with the assistance of the Third Party Monitor.
      2. All PIT maintenance and repair work performed after the M/R Implementation Date shall be performed pursuant to the updated PM Program and Repair Procedures. 
      3. Respondent's existing PM program and schedules shall remain in effect at Respondent's loading dock and shipping terminal facilities (the "Terminals") until the Terminal Implementation Dates set forth in Section IV(B) below.  However, PITs that are serviced after the M/R Implementation Date shall be serviced in accordance with the updated PM Program and Repair Procedures, regardless of the Terminal Implementation Date of the originating terminal.
   2. Implementation at Terminals.
      1. Respondent shall implement the updated PIT programs and procedures at its Terminals in stages as set forth in this Section IV(B).  The updated PM Program, Repair Procedures, Operator Inspection Procedures and Facilities Procedures for PITs are collectively referred to herein as the "Updated PIT Procedures."
      2. Within 120 days after the Effective Date, Respondent shall fully implement the Updated PIT Procedures at its Billerica, MA terminal.  Within 150 days after the Effective Date, Respondent, with the assistance of the Third Party Monitor, shall review the performance of the Updated PIT Procedures and make any adjustments that are necessary or appropriate to improve their effectiveness.  Respondent and the Third Party Monitor shall seek input from supervisory and non-supervisory employees at the terminal as part of this review.  Within 180 days after the Effective Date, Respondent and the Third Party Monitor shall provide a report to Complainant (at the address set forth in Section XIV below) on the effectiveness of the Updated PIT Procedures and any adjustments made.  Such adjustments shall not diminish the effectiveness of the Updated PIT Procedures as described in this SA.
      3. Respondent shall, within 180 days after the Effective Date, remove all damaged, defective and unsafe PITs from service at all its Covered Worksites in accord with techniques agreed to between the Third Party Monitor and Respondent.
      4. Within 180 days after the Effective Date, Respondent shall implement the Updated PIT Procedures in stages at all of its Terminals.  Implementation shall begin with 15 terminals per month and continue at this pace until the system is fully implemented.  After implementation is initiated at a terminal, Respondent shall ensure that full implementation occurs within 90 days ("Terminal Implementation Date").  The sections below concerning Monitoring (Section V) and Dispute Resolution (Section X) apply to terminals where full implementation has occurred.  Respondent shall report to Complainant monthly on the terminals where implementation has been initiated and completed.  Said reports shall be provided to OSHA at the address set forth in Section XIV below.   The latest in time Terminal Implementation Date for Terminals in existence as of the Effective Date shall be referred to herein as the "Final Terminal Implementation Date")
      5. Respondent shall implement the requirements of this SA at every new Terminal that Respondent acquires or opens during the Term of this SA (if any).  Respondent shall fully implement the SA at each such Terminal within 60 days after the later of: the date that the new terminal first opens, or the date that Respondent fully completes implementation at the Terminals in existence on the Effective Date.
   3. For purposes of this SA, the terms "implement" and "implementation" shall mean (1) communicating the system to all of Respondent's affected employees, (2) ensuring monitoring and supervision of compliance with the system, and (3) taking appropriate action to address and enforce non-conformances with the system.
5. Monitoring
   1. Monitors.
      1. Respondent shall ensure that a corporate inspector general ("Internal Monitor") is assigned and retained for the Term (as defined below) of this SA.  The Internal Monitor shall report to Central Transport's Corporate Counsel.  The Internal Monitor shall also communicate regularly with senior level managers responsible for safety, operations, forklift fleet management and facilities, as necessary, to facilitate effective implementation of this SA.  
      2. Respondent shall retain the Third Party Monitor for the Term of this SA. 
      3. The Internal Monitor and Third Party Monitor shall assess and monitor compliance under the SA as set forth in this Section V.
   2. The Internal Monitor shall perform ongoing monitoring during the Term of this SA.  During the Term, the Internal Monitor shall perform random, unannounced visits of at least 20 Terminals to assess compliance with this SA.  
   3. The Third Party Monitor shall also perform ongoing monitoring during the Term of this SA consisting of unannounced visits of at least 10 terminals to assess compliance with this SA, including 2 terminals that were assessed by the Internal Monitor.  The Terminals shall be randomly selected. 
   4. The Third Party and Internal Monitors shall prepare and submit reports to Respondent for each Terminal assessed.  Said reports shall detail the status of compliance with this SA, and describe any deficiencies and remedial actions taken to achieve compliance.  All such reports will be made available to Complaint upon request during the Term of the SA.  Respondent shall provide such reports to Complainant no later than 10 business days after such a request.
   5. The Third Party and Internal Monitors shall seek feedback from employees during the monitoring phase of the agreement.
6. Withdrawal of Notice of Contest and Entry of Final Order

   In view of the aforesaid, Respondent hereby withdraws its Notice of Contest and the Parties agree that this SA, as well as the Citations and proposed penalties and the abatement measures and dates, as amended by this SA, including the Additional Abatement Measures, shall be affirmed and become a Final Order of the Review Commission.

7. Term of the SA
   1. Except as otherwise provided herein, the terms of this SA shall terminate on the date that is 24 months after the date on which the Third Party Monitor commences work under this SA (the "Termination Date"), unless extended in accordance with this Section VII (the "Term").  The Termination Date shall not affect Respondent's responsibilities to comply with the requirements of Section VIII(B) below. 
   2. Before the Termination Date, either Party may provide written notice to the other that it wishes to extend the SA for an additional term.  Such notice shall be provided no later than the date that is 45 days prior to the Termination Date.  Upon providing such notice, the Term of the SA shall automatically extend until the date that is 45 days after the Termination Date to allow the Parties an opportunity to discuss continuation of the SA for an additional term.  The Parties agree to engage in such discussions in good faith in an effort to reach a mutually acceptable agreement to continue the Term of this SA. 
8. OSHA Monitoring, Reporting and Meeting
   1. During the Term, Respondent shall permit Complainant to enter into and conduct monitoring inspections at the Covered Worksites to verify compliance with the SA.  Respondent shall not require warrants for entry by Complainant, and shall not require subpoenas for access to documents, witnesses, or other information related to compliance with this SA.  The scope of Complainant's monitoring inspections shall be limited to verifying compliance with this SA, unless other non-compliant conditions are observed in the plain view of Complainant's representative during the verification visit.  The Parties agree to work cooperatively to ensure the efficient conduct of monitoring inspections, including notification to Respondent's representative (Section XIV below) or the allowance of notification to Respondent's representative.
   2. Within 90 days after the Effective Date of this SA (the specific date chosen within that period of time to be known as the "Reporting Date"), and thereafter on the first anniversary of the Reporting Date, Respondent shall submit a written compliance report to Complainant detailing Respondent's status of compliance with the Additional Abatement Measures set forth in Sections III through V of this SA (each, a "Compliance Report").  Each Compliance Report shall include (1) a written certification by Respondent that it is then in compliance with all of the terms of this SA or, (2) if Respondent is not then in full compliance, a written statement by Respondent describing all areas of non-compliance, the remedial actions to be taken by Respondent at each affected Covered Worksite, and the date by which Respondent certifies it shall achieve full compliance at each such worksite.   Nothing in this paragraph shall be construed as a substitute or replacement for other reporting requirements set forth in this SA.  Nor shall the reporting requirements in this paragraph be satisfied by only submitting reports required by any other provisions of this SA.  Finally, nothing in this paragraph shall be construed as a waiver or limitation of Complainant's ability to monitor and/or enforce Respondent's compliance with the terms of this SA, as noted above in Section VIII(A) above.  All reports required under this Section VIII shall be provided to Complainant at the address set forth in Section XIV below.
   3. The Parties shall hold a meeting approximately one year after the Effective Date to discuss the status of abatement and Respondent's progress in implementation of the Additional Abatement Measures set forth in Sections III through VII of this SA, as well as any other terms of the SA that either Party wishes to discuss.  This meeting will provide the Parties an opportunity to identify any concerns, issues and/or challenges and, if Respondent deems it necessary, to discuss the need for additional time to comply with the terms of this SA.  Respondent shall initiate contact with Complainant no later than 10 months after the Effective Date of the SA to set up this meeting, which the Parties agree shall be held at the U.S. Department of Labor, Occupational Safety and Health Administration, 200 Constitution Avenue N.W., Washington, D.C. 20001 or other mutually agreeable location, at a mutually agreed upon date and time as close as possible to the one year anniversary of the Effective Date.  Points of contact for this meeting and discussions between the parties are the individuals identified for notice to Complainant and Respondent in Section XIV below.  However, nothing in this paragraph precludes meeting(s) at the local level.
9. Penalties

   Respondent certifies that it will pay the total penalty of One Hundred Sixty Five Thousand Four Hundred and 00/100 Dollars ($165,400.00), as described in Section II(B) above, within 30 days after the Effective Date.

10. Dispute Resolution

    If, during the Term of this SA plus 12 months, Complainant determines that Respondent is not or may not be in compliance with any portion of this SA, including from the review of any reports, receipt of a complaint, or by any other means, it shall promptly contact Respondent and allow Respondent 15 working days after receipt of notification to provide a written response. Within 10 working days after receiving the written response, Complainant shall engage in good faith discussions and provide Respondent a reasonable amount of time to abate. If, by the expiration of that time period, Respondent reports and provides documentary evidence to support that it has fully abated the hazard, no inspection shall occur and no citation shall issue. If the parties are unable to resolve the issue, Complainant will determine the appropriate course of action. Complainant retains its right to use the enforcement methods provided by the Act and Respondent retains all rights afforded it by the Act.

11. Failure to Abate and Section 11(b) of the Act
    1. The Parties understand and agree that their inability to reach an agreement regarding the alleged non-compliance with this SA, or, Respondent's failure to perform in good faith any of the terms or abatement  measures and Additional Abatement Measures required  in the SA, including the payment of penalties as set forth herein, may be cited by Complainant as a failure to abate under Section 10(b) of the Act, 29 U.S.C. § 659(b), and may be subject to an enforcement action brought by Complainant pursuant to Section 11(b) of the Act, 29 U.S.C. § 660(b), to the same extent as if these terms, abatement  measures and Additional Abatement Measures had been set forth from the outset in the Citation and Notification of Penalty issued in this matter.
12. Service and Posting of SA and Settlement Summary
    1. Respondent certifies that there are no authorized employee representatives at Respondent's Covered Workplaces.  Respondent further certifies that it served this SA on its employees on ___________________, 2016, by posting the SA at the worksite subject to the OSHA inspection, 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.  Respondent further agrees that it shall post an executive summary of this SA at all of its Covered Worksites within 30 days after the date of this SA.
    2. Respondent further agrees that, no later than 10 days after the Effective Date, it shall post at all of its Covered Worksites and for the duration of this SA, a notice of this SA with a brief summary of its contents, including the actions it has agreed to take with respect to all of its Covered Worksites.  Said SA summary is attached as Exhibit C.
13. Modification of Abatement Schedule

    The Parties stipulate and agree that Respondent reserves its right to petition Complainant for modification of the abatement dates, pursuant to 29 C.F.R. §1903.14a, if Respondent is unable to meet any abatement deadlines set forth above because of factors beyond its reasonable control and despite its good faith effort to comply with the required abatement measures. Complainant agrees that any such Petition for Modification of Abatement Date ("PMA") submitted by Respondent to Complainant, and any extension of time approved by Complainant in response to such a PMA, need not be made specific to a single worksite, but may be made to apply to any or all of the Covered Worksites. The Parties further stipulate and agree that any extension of time approved by Complainant in response to a PMA submitted by Respondent during the term of this SA shall be automatically incorporated into this SA and binding upon the Parties.

14. Notice and Communications

    Any such writing shall be deemed provided on the date that it is deposited with the overnight carrier or in the United States mail. Each party shall immediately notify the other party of any change in the name or address to whom notice is to be sent pursuant to this Section XIV.

    1. Any notice or report provided by a party pursuant to this SA shall be in writing and delivered by overnight or certified mail to the addresses below:
       1. If to Complainant:

          Director Enforcement Programs
          U.S. Department of Labor
          Occupational Safety and Health Administration
          200 Constitution Avenue N.W., Room N3119,
          Washington D.C. 20001.

       2. If to Respondent:

          _________________________
          _________________________
          _________________________
          _________________________

    2. Non-Admission, Parties' Fees and Expenses and Construction
       1. None of the foregoing agreements, statements, stipulations, and actions taken by Respondent shall be deemed an admission by Respondent of the allegations contained within the Citation, Notification of Penalty and the Complaint herein.  The agreements, statements, stipulations, findings and actions taken herein are made for the purpose of settling this matter economically and amicably and they shall not be used for any purpose, except for proceedings and matters arising under the Act.
       2. Each Party hereby agrees to bear its own fees and other expenses incurred by such Party in connection with any stage of these proceedings.
       3. Except as stated herein, Respondent shall comply with, and have the rights afforded to it by, the OSH Act and the regulations promulgated thereunder.
    3. No Alteration of Employees' Rights

       Nothing in this SA alters in any manner the rights afforded employees under the Act.

    For Central Transport LLC:

    __________________________________
    Name:____________________________
    Title:______________________________
     
    Date:_____________________________

    For Complainant:

    M. Patricia Smith
    Solicitor of Labor

    Michael D. Felsen
    Regional Solicitor

    ______________________
    Scott Miller
    Senior Trial Attorney
    U.S. Department of Labor
    Office of the Solicitor
    JFK Federal Building, Room E-375
    Boston, MA 02203
    TEL: (617) 565-2500
    FAX: (617) 565-2142
    Attorneys for Complainant

    Date:___________________

    Exhibit A
    Covered Worksites

    (see attached)

     

     

     

     

    Exhibit B
    Worksites in State Plan States

    (see attached)

     

     

     

     

    Exhibit C

    Summary of Settlement Agreement between Central Transport LLC and The Occupational Safety and Health Administration

    On [Insert Date] (the "Effective Date"), Central Transport LLC ("Central Transport") and the Occupational Safety and Health Administration ("OSHA") executed a settlement agreement resolving citations issued by OSHA against Central Transport at its Billerica, MA terminal.  As part of the agreement, Central Transport has agreed to implement certain policies and procedures for forklifts and other powered industrial trucks ("PIT" or "PITs"), as set forth below.  Central Transport has agreed to implement these policies and procedures at all of its U.S. worksites in OSHA's jurisdiction. 

    1. PIT Programs Evaluation and Update

       Central Transport will hire an independent third-party monitor within 30 days after the Effective Date. Within 60 days after the Effective Date, the Third Party Monitor will evaluate Central Transport's programs and procedures for PITs and recommend modifications. The Third Party Monitor's evaluation and recommendations will address Central Transport's existing program for preventative maintenance of PITs, Central Transport's existing procedures for repairing PITs that are found to be damaged, defective, or unsafe, Central Transport's existing procedures for PIT operator inspections, and Central Transport's existing procedures for safe operation and travel of PITs.

       1. Preventative Maintenance and Repair of PITs

          Within 90 days after the Effective Date, Central Transport, with the Third Party Monitor, will develop a program for preventative maintenance of PITs. As a minimum, the program will set maintenance standards that take into consideration the manufacturer's recommendations and set qualification standards for PIT maintenance personnel.

          Within 90 days after the Effective Date, Central Transport, with the Third Party Monitor, will develop procedures for repairing PITs that are damaged, defective or unsafe. As a minimum, the procedures will set repair standards that take into consideration the manufacturer's recommendations and set qualification standards for PIT repair personnel.

       2. Daily Operator Inspections of PITs

          Within 90 days after the Effective Date, Central Transport, with the Third Party Monitor, will develop procedures for operator inspections of PITs. As a minimum, the procedures will require a daily operator inspection of each PIT before it is placed in service and completion of a pre-operation checklist. Central Transport will require that PITs may not be placed in service if the inspection reveals that the PIT does not meet one or more of the criteria listed on the checklist. Central Transport will adopt procedures for operators to notify management of PITs that are found to be damaged, defective, or any way unsafe.

       3. Safe PIT Travel and Operation

          Central Transport, with the assistance of the Third Party Monitor, will develop procedures to ensure safe travel and operation of PITs at its terminals. As a minimum, the procedures will include maintenance and housekeeping of all areas where PITs travel. The terminal manager of each terminal will inspect these areas at least monthly and employees will be required to report facility hazards and obstructions to management as they are discovered. PIT operators will be required to wear seatbelts on PITs that have them.

    2. Implementation at Maintenance and Repair Facilities

       Central Transport will implement the above programs at its PIT maintenance and repair facilities within 120 days after the Effective Date. Central Transport will provide training to all current PIT maintenance and repair staff on the updated program by this same date. All PIT maintenance and repair work performed after this date will be performed to the standards of the updated preventative maintenance program.

       Central Transport will implement the above program at its terminals in stages. Within 120 days after the Effective Date, Central Transport will fully implement the procedures at its Billerica, MA terminal. Within 150 days after the Effective Date, Central Transport, with the Third Party Monitor, will review the performance of the procedures and make any adjustments that are necessary or appropriate to improve their effectiveness. Within 180 days after the Effective Date, Central Transport will implement the procedures in stages at all of its terminals. Implementation will begin with 15 terminals per month and continue at this pace until the system is fully implemented.

       Central Transport has also agreed to remove any damaged, defective and unsafe PITs from service at its terminals within 180 days after the Effective Date.

    3. Monitors

       Central Transport will ensure that a corporate inspector general ("Internal Monitor") is assigned and retained for the term of the SA. The Internal Monitor will report to Central Transport's Corporate Counsel. The Internal Monitor will also communicate regularly with senior level managers responsible for safety, operations, forklift fleet management and facilities, as necessary, to facilitate effective implementation of the settlement agreement.

       The Internal Monitor and the Third Party Monitor will assess and monitor compliance under the settlement agreement. The Internal Monitor will perform ongoing monitoring, including random, unannounced visits of at least 20 terminals to assess compliance with the settlement agreement. The Third Party Monitor shall also perform ongoing monitoring consisting of random, unannounced visits of at least 10 terminals to assess compliance with the settlement agreement, including 2 terminals that were assessed by the Internal Monitor.

       The Third Party and Internal Monitors will prepare and submit reports to Central Transport for each terminal assessed. The Third Party and Internal Monitors will seek feedback from employees during the monitoring phase of the agreement.