"This document was published prior to the publication of OSHA's final rule on Ergonomics Program (29 CFR 1910.900, November 14, 2000), and therefore does not necessarily address or reflect the provisions set forth in the final standard."
___________________________________
)
SECRETARY OF LABOR, United States )
Department of Labor, )
)
Complainant, ) DOCKET NO. 90-2280
)
v. ) REGION I
)
CRANE & COMPANY, )
)
Respondent. )
___________________________________)
This case has been assigned to this Judge for disposition. The Settlement Agreement is approved in its entirety in accordance with its terms. SO ORDERED.
_____________________________
David G. Oringer
JUDGE, OSHRC
Dated _________________________, 1991.
___________________________________
)
SECRETARY OF LABOR, United States )
Department of Labor, )
)
Complainant, ) DOCKET NO. 90-2280
)
v. ) REGION I
)
CRANE & COMPANY, )
)
Respondent. )
___________________________________)
Lynn M. Martin, Secretary of Labor, U.S. Department of Labor ("Complainant") and Crane and Co., Inc. ("Respondent") have reached a full and complete settlement of the above-captioned matter presently pending before the Occupational Safety and Health Review Commission, Docket No. 90-2280, OSHA Inspection No. 01752457. The parties hereby agree as follows:
(a) The Occupational Safety and Health Review Commission (hereinafter the "Commission") has jurisdiction of this matter pursuant to Section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. ?651, et seq. (hereinafter the "Act").
(b) Respondent, Crane and Co., is a corporation with its principal place of business located in Dalton, Massachusetts. At all times material to this proceeding, Respondent has been engaged in the business of manufacturing in the paper industry. During the course of its business, its employees perform various tasks in the nature of manufacturing. During the course of its business, Respondent uses materials and equipment which it receives from places located outside Massachusetts. Respondent, as a result of these aforesaid activities, is an employer engaged in a business affecting commerce as defined by Sections 3(3) and 3(5) of the Act, and has employees as defined by Section 3(6) of the Act, and is subject to the requirements of the Act.
(c) As a result of OSHA Inspection No. 017523457 conducted on January 18, 1990 through July 6, 1990, at Respondent's stationary mill, and Bay State Mill in Dalton, Massachusetts (hereinafter the "Cited Facilities"), citations alleging violations of the Act were issued to Respondent on July 11, 1990, and amended on July 12, 1990. The citations allege violations of the General Duty Clause, Section 5(a)(1) of the Act, for exposing employees to cumulative trauma disorders and the recordkeeping standard, 29 C.F.R. ? 1904.2(a) Notification of proposed penalties, totalling $156,400, in connection with these alleged violations, including $3000 for each 5(a)(1) citation, were also issued to Respondent on July 11 and 12, 1990.
(d) Respondent disagreed with the citations and notifications of proposed penalties and filed a timely Notice of Contest with the Secretary of Labor, which was transmitted to the Commission pursuant to Section 10(c) of the Act. III.
(a) This stipulation and Settlement Agreement (hereinafter the "Agreement") is intended to settle all outstanding OSHA citations and proposed penalties at Respondent's Dalton, Massachusetts facilities resulting from the Inspection within the requirements of Rule 100 of the Commission. The Agreement also provides for action by Respondent concerning potential cumulative disorder hazards at all of the facilities listed in Appendix A, including the cited Dalton facilities.
(b) The parties to this agreement recognize that two of the facilities enumerated in Appendix A are located in states (California and Maryland) which have assumed authority for the enactment of OSHA standards pursuant to Section 18 of the Act. the States of California and Maryland are encouraged to honor or to agree to the terms of this agreement, and to honor or to agree to the intent to meet with CAL-OSHA, and MOSHA to attempt to execute an agreement similar to this Agreement.
Complainant agrees that the characterization of Citation Number 01, and the characterization of each and every one of the 52 items cited in Citation Number 01, as "willful" violations of the Act shall be deleted. Complainant agrees to amend its Citations accordingly, and to revise its Notification of Proposed Penalties to include a penalty of $125,120.
(a) Respondent agrees to withdraw its Notice of Contest to the Citations and Notification of Proposed Penalties as such citations have been amended by this Agreement, and to pay the U.S. Department of Labor the amount of $125,120 in full settlement of the penalties proposed in the Citations and Notification of Proposed Penalties. Respondent agrees to provide payment of this amount to OSHA within thirty days after this Agreement becomes a final order.
(b) Complainant agrees that this payment from Respondent satisfies in full the proposed penalties for the Citations and Notification of Proposed Penalties issued as a result of the Inspection.
Respondent agrees to abate the conditions noted in the citations as follows:
(a) Implement, or evaluate and where feasible implement the recommendations included in the citations as part of its ergonomic review of conditions at the Cited Facilities under subsection (b) below.
(b) Implement the Ergonomic abatement methods described in paragraph VII through XXXII of this agreement below.
The parties recognize that cumulative trauma disorders (hereafter CTDs) are an occupational illness present in operations involving repetitious movements such as Respondent's operations and facilities. Respondent agrees to further the health and safety of its employees by materially reducing or eliminating the hazards associated with cumulative trauma disorders in its facilities. In order to clearly set out the steps to be taken in this endeavor, the following terms related to ergonomics will be generally recognized:
(a) The parties recognize that the control of CTD's is a complex issue, often requiring the application of a number of different control methods and technologies that may differ from operation to operation. These include: ergonomically safe design methods (including measures to reduce or eliminate job- related CTD stressors); employee and supervisor training and education; early recognition of developing problems; early and proper medical diagnosis, treatment, care, and follow-up. When engineering controls fail to eliminate or materially reduce CTDs, appropriate administrative controls, such as job enlargement, rotation, rest pauses, and reduction of the number of repetitions per employee per hour shall be implemented.
(b) For purposes of this agreement, the term CTD shall include chronic soft tissue problems of the musculoskeletal and peripheral nerve system. Examples of specific diagnoses within this class of disorders includes tendinitis, tenosynovitis, synovitis, carpal tunnel syndrome and low back strain. VIII.
The Company's management remains committed to achieving safe production, including ergonomic issues. Respondent states that it has promulgated the following safety policy: Just as we are committed to shipping only those products which meet our customers' needs, we shall meet our employees' needs by providing a safe working environment. Our basic operating premise is that all injuries are preventable. It is the direct responsibility of management and all levels of supervision to ensure that all injuries are prevented while producing our products. The way we will achieve the goal of an injury-free workplace is by training employees properly, ensuring that equipment is safeguarded and by controlling operating exposure of the employees in each supervisor's area. No job shall be done if the proper safety equipment and procedures are not in effect. This philosophy is a prime example of making each employee feel valued. Only safe work habits will be accepted from employees or outside contractors and these will be a condition for continuing to work at Crane and Co., Inc. Following this philosophy will result in a healthier and safer work environment, better quality, better production and profits.
The Company further states that this policy, signed by the Company's President and Chief Executive Officer, has been communicated to all employees through posters in each facility, publication in the Company's newsletter and oral discussion in safety training sessions and employee discussion meetings. In addition, a safety program designed to implement this policy will be developed in all company facilities (including subsidiaries controlled by Crane and Co.).
The yearly performance review of all salaried supervisors and managers will be modified to include accountability and responsibility for safety and ergonomic issues. The basic elements of the yearly performance review of salaried supervisors and managers currently include the following elements: auditing; incident investigation; conducting monthly employee safety meetings; developing job safety procedures; maintaining corporate safe production training; implementing corporate safe production policies as issued; personally observing the work of employees; encouraging employee feedback, and arranging for appropriate training of employees before job assignments. A detailed format for this performance review will be developed within 60 days of the execution of this Agreement.
As a temporary measure, the Company will assign a management official to the full-time position of "ergonomics coordinator". He will remain in that position on a full-time basis until program goals are achieved and will remain involved in such endeavors on a part-time basis thereafter. A company wide Ergonomics Committee will be formed as a subcommittee of the Safe Production Committee (the latter group is chaired by the Company's Chief Executive Officer). The Ergonomics Committee will be chaired by the Company's Director of Personnel and Public Relations and will include the Company's ergonomic coordinator, safety manager, engineering manager, occupational nurse and five employee representatives of major Company facilities (including both exempt and hourly employees). In addition to the company- wide Ergonomics Committee, ergonomics committees will be formed by business unit, within the company, chaired by the head of each respective business unit.
An ergonomic Consultant shall also be retained to identify and assist in controlling stressors in the workplace. The Consultant shall be qualified by education, training, and expertise in engineering, ergonomics, epidemiology, and medical surveillance. He shall be directly involved, as set forth below, with performance of the ergonomic analysis, in evaluating OSHA's proposed abatement methods for the cited jobs, in recommending proposed abatement methods for the non-cited jobs, and additional abatement methods for the cited jobs, if necessary, and otherwise assisting the Respondent in implementing this Ergonomic Agreement.
The Ergonomics Committees, in conjunction with the ergonomic consultant, will be charged with facilitating the elimination or substantial reduction of CTDs in all Company facilities by: 1) establishing a mechanism to identify ergonomic safety-related issues which affect the Company's safe production efforts, which shall include an evaluation of existing and new work positions, practices, tools and equipment, a survey and analysis of employee symptoms, and an analysis of 200 logs, 101 forms, medical records and other relevant available documentation; 2) establishing priorities among these ergonomic issues; 3) instituting engineering job-related changes and improvements; 4) establishing a team of monitors with the skills to identify and analyze jobs for ergonomic stress; 5) maintaining a procedure to permit the raising of employee concerns without fear of reprisal; 6) establishing procedures that encourage prompt and accurate reporting of signs and symptoms of CTDs by employees so that they can be evaluated; 7) providing training programs to management and hourly employees as appropriate, and 8) monitoring progress and completion of items authorized for work.
As noted above, hourly employees will be appointed to the Company's Ergonomics Committees. Departmental meetings of employees will be scheduled and will be held on an ongoing basis to assist in planning work area modifications, equipment acquisition and evaluation and other related issues. The Company's hourly employee suggestion reward system will be promoted to highlight ergonomic issues. The functional activities of the safety committee at relevant facilities will be expanded to include ergonomic issues and related new safework policies. In addition, interviews with individual employees will be held relating to specific ergonomic issues that have been brought to the attention of the Coordinator or Committee by the employee or management.
A log will be maintained of all ergonomic-related work modifications within each mill. This log will be kept up to date by the mill manager. In addition, a log of all activities relating to the ergonomic program will be established and maintained by the Ergonomic Coordinator.
Also, the Company will assure that injury and illness recordkeeping is performed consistent with applicable OSHA standards and appropriate BLS Guidelines regarding injury and illness recordkeeping.
A quarterly progress report will be submitted by the business unit Ergonomics Committees and the Ergonomics Coordinator to the Company-wide Ergonomics Committee and will be used as a basis for communication of all employees via such means as the Company newsletter, employee discussion meetings, etc.
Notwithstanding the establishment of the Committees, the appointment of the Coordinator, or the hiring of the Consultant, the Company will retain ultimate responsibility for ensuring that the Ergonomics Program described in this agreement is implemented and operated effectively.
The Corporate Operating Committee meets weekly and one meeting per month is devoted entirely to Safety and Ergonomic issues. This will include analysis and review of the overall progress of the ergonomics program.
A computerized system for maintaining and analyzing OSHA 200 records has been established. A detailed report of all injuries including cumulative trauma cases by mill, by department and job will be initiated. These charts, graphs, and individualized reports will be updated and issued personally to responsible mill managers as well as upper management. In addition, graph trend analysis of these OSHA 200 records as well as other existing medical, safety and insurance records will be analyzed for evidence of CTD-related injuries or disorders.
In evaluating jobs in a detailed fashion, the Company will initially focus on jobs implicated in OSHA's citations in the bordering, papeterie assembly and paper sorting departments. This analysis will include workstation analysis that is designed to identify all risk factors present in each studied job or workstation.
It will feature videotaping and video analysis, investigation of work station design, ergometer analysis and expert consultant evaluations. If it has not been performed on the position previously, a job evaluation utilizing a checklist and video analysis will be performed whenever: 1) an employee complaint raising ergonomic concerns is received; 2) a CTD is recorded on the OSHA 200 log; 3) where feasible, when a workstation modification or equipment purchase is planned and 4) where the position has been brought to the attention of the Ergonomic Committee for assistance and or resolution. In addition the Ergonomic Consultant will perform periodic walkthrough surveys of operations in conjunction with or in addition to the Ergonomic Coordinator and the Ergonomic Committee. Moreover, as part of the overall Corporate Safe Production Program, each first line supervisor will perform a weekly audit of work areas under their control regarding safety and ergonomic issues.
A ergonomics job safety analysis will be developed, by or in conjunction with the Consultant, for each job in the cited facilities over a one year period as part of the Company's Safe Production Program, and for all other facilities as set forth in Appendix A as soon thereafter as practicable, but in no event longer than two (2) additional years. The analysis will list the basic steps necessary to get the job accomplished. Each step will be analyzed to identify ergonomic and other apparent safety hazards. The analysis will also include a survey of symptoms, physical ailments reported by or observed in employees, to aid in identifying ergonomic problems. The hazard identification will be formalized and controls set on the job so as to eliminate or minimize any hazard(s) associated with that particular job. Ergonomics job safety analyses will be performed first in the Bordering Department, and next in the Papeterie and Sorting Departments, and thereafter in other departments of the cited facilities.
The Company recognizes engineering controls as the preferred method to prevent ergonomic hazards. These can include, where feasible and appropriate, workstation redesign and change of work methods or tools so as to reduce ergonomic stressors (e.g., high force, extremely repetitive motions and awkward postures). Systematic analysis of potential ergonomic improvements will be conducted for departments in the cited facilities covered by the OSHA citations, and for all other facilities covered by this Agreement. These will be reviewed by the Ergonomic Consultant through his periodic evaluations, in conjunction with or as directed by the Ergonomic Committees.
A comprehensive training program will be initiated (under the guidance of the Ergonomic Consultant) for all employees at all levels of the Company. Training will include instruction on the principles of ergonomics, cumulative trauma and its symptoms, job specific training on the reduction of CTD stressors, Company policies and its application utilizing videotapes, overhead transparencies and blackboard presentations. Training will be for at least one hour, with time for questions and answers, and will be repeated at least annually for all employees of the cited facilities, and for all other employees except those in jobs determined by the ergonomics job safety analysis to present no significant ergonomics hazards.
In addition, supervisors will be trained, emphasizing the importance of early reporting of CTD symptoms by employees, the medical aspects and proper treatment of the problem, stressors which cause and contribute to CTD's, the importance of observing how employees perform job tasks, and activities which may be utilized to prevent or control the problem. The training shall also include education on the specific jobs at respective facilities which are causing or are likely to cause CTD's, the stressors involved, and the appropriate use of light duty jobs.
Training for medical personnel shall include a detailed review of the medical aspects of CTD's, and how to perform a complete medical evaluation, treatment protocols, the proper use of diagnostic instruments, how to complete necessary forms and reports and the importance of proper follow up. The training shall also include education on the specific jobs at respective facilities which are causing or are likely to cause CTD's, the stressors involved, and the availability of appropriate light duty jobs. All designated medical personnel, including nurses, shall be given this component.
The company represents that all initial training required by this section has been accomplished, or will be accomplished within 30 days of the signing of this Agreement.
The Company shall by 90 days after execution of this agreement implement a program of early detection, treatment, and follow-up of CTD at all locations. The program shall include provisions for prompt evaluation of employee symptoms. When directed by a physician or by the medical department, employees shall be given sufficient time for the involved muscle/tendon to heal. This time shall include time off work, or transfer to another job which poses a lesser risk of such injuries. When injured employees require time off work, upon returning to work they shall, when directed by a physician or by the medical department, be permitted to recondition the injured muscle/tendon group by gradual resumption of duties. This shall occur in addition to any other prescribed treatments.
Prior to the temporary assignment of an employee to a different job during recuperation from a CTD, such job shall be analyzed for CTD potential. This analysis shall include the procedures used in the performance of each job, including lifting requirements, postures, hand grips and frequency of repetitive motion. Such analysis shall be reduced to written form and provided to nurses, doctors, and supervisory personnel involved in the assignment of light duty jobs.
No employees shall be discriminated against because they reasonably request and visit the medical facilities, or because of the number of times they visit the medical facilities, or because they have diagnosed CTD problems and are undergoing medical rehabilitation.
The medical program shall incorporate and develop the following concepts: (a) A baseline survey to be completed within three months after execution of this agreement designed to measure on a corporate wide basis the extent of symptoms of work-related disorders. The company shall utilize a uniform questionnaire for employees the results of which may be collected and processed by automated process, e.g. computer. The survey or an alternative evaluation method shall be repeated on an annual basis. All surveys or evaluations generated under this section shall be provided to OSHA as they are completed.
(b) As part of the baseline determination, the Company shall, for each facility covered by this Agreement, develop, and provide to OSHA a listing of work-related CTD illnesses from calendar years 1990 and 1991 to date, together with the job location of each listed incident. The listing shall include, where available, the locations at which each employee worked prior to diagnosis, the length of time at which each employee worked at each location, and the type of CTD and treatments provided. The purpose of this report will be to apprise the parties, as best as possible from available information, of the facilities and positions within facilities having the prevalence of CTD injury potential. OSHA may, at its discretion conduct abbreviated baseline monitoring walkthroughs at covered facilities in order to form a baseline determination of presently prevailing conditions regarding CTD potentials.
(c) When an employee in a job not previously evaluated by the consultant reports a CTD to medical personnel, the company shall evaluate that employee's actual performance of the job to determine if ergonomic risk factors exist and corrective action is necessary.
(d) A uniform medical management protocol for CTD's will be developed and implemented at all facilities covered by this agreement. All physicians and nurses will be trained to use this protocol which will include the following: (1) Standardized physical examination, medical history and recording form. The examination will at least include inspection, palpation and range of motion testing; (2) Specified protocols for the treatment of employees with positive physical signs on examination as well as those with symptoms but no physical signs. Splints shall not be used during working activities unless it is determined by medical personnel that no deviation or bending of the splinted limb is required on the job; (3) Reevaluation shall be scheduled in no more than three days. If the condition worsens further medical management should not be undertaken without concurrent efforts to reduce the physical stresses of the job by such measures as job modification, work practice changes, administrative changes, etc. If the condition is unchanged, a further evaluation shall be scheduled in no less than three days; (4) All recommendations for surgery for CTD's will be referred for a second opinion, where permitted by applicable state law.
In addition to the program described herein, Respondent represents that it will expend a minimum of $500,000.00 per year over the next five years (1991-1995) on equipment, technology, and services intended to alleviate certain repetitive motion hazards, including some of those alleged in the citation, by attempting to mechanize or automate portions of its production, inspection and packaging processes. Respondent retains sole discretion to allocate and invest such funds in experimental equipment and processes as it sees fit. It agrees to report, upon request, to Complainant's Area Office on these efforts throughout the five-year investment term.
Respondent agrees to abate the conditions in the citations as follows:
1. In the Bordering and Papeterie Departments of Respondent's Stationery Mill, and in the Finishing Department of the Bay State Mill:
(a) Respondent, in conjunction with its ergonomic consultant, and its Ergonomics Committees, will continually seek means to reduce ergonomic stressors through the development and implementation of engineering controls until such stressors are eliminated.
(b) Respondent will provide an educational and training program for employees in the recognition of the ergonomic stressors present in their jobs. Such training shall include symptom recognition of cumulative trauma disorders and training regarding postures, stretches, workstation adjustments and work practices that are likely to reduce the incidence of cumulative trauma disorders.
(c) Respondent will provide education and training for supervisors in the area of cumulative trauma disorders, and include in such instruction the responsibility of supervisory officials to note and correct poor work practices of employees.
(d) Respondent will substantially reduce voluntary overtime in the Bordering and Papeterie Departments of the Stationery Mill and the Finishing Department of the Bay State Mill. Respondent will evaluate and explore methods of scheduling to avoid consecutive days of overtime work, and will evaluate systems for monitoring the condition of employees who work overtime in the above-referenced departments.
(e) Respondent will eliminate the individual incentive compensation systems in the bordering and Papeterie Departments of the Stationery Mill. Respondent represents that it will explore alternative compensation systems including group incentive arrangements, cost-containment plans or some variation of a Scanlon plan system. Moreover, should modifications and other measures envisioned by this Agreement substantially reduce ergonomic stressors, Respondent will gain more flexibility to make scheduling modifications that do not produce ergonomic stress.
(f) Respondent will implement hourly mandatory breaks of two-to-four minutes for all exposed employees in the Bordering and Papeterie Departments of the Stationery Mill and the finishing Department of the Bay State Mill.
(g) Respondent represents that it has job-sharing arrangements in certain areas covered by the citations and will explore other job-sharing and rotation possibilities among all affected groups. Both parties recognize that job rotation arrangements raise a variety of issues, and Respondent represents that it will evaluate systems to provide for rotation among jobs that require the use of different muscle groups (following study of those muscle stressors present in the various positions).
(h) Respondent will implement training and break-in periods in the Bordering and Papeterie Departments of the Stationery Mill and the Finishing Department of the Bay State Mill that will consist of a minimum of one week. Respondent further represents that break-in periods of several weeks or months will be provided for certain of the positions cited by Complainant (e.g., Bordering Department of the Stationery Mill and finishing Department of the Bay State Mill).
(i) Respondent's ergonomic consultant will review all OSHA and other recommendations made concerning the cited operations; perform a systematic evaluation with regard to existing and new work practices and work station design for all operations with known or potential cumulative trauma disorder hazards; evaluate and test engineering controls, and thereafter, if necessary, administrative controls to materially reduce or eliminate ergonomic stressors; assist in implementing the approved recommendations; evaluate the effectiveness of the controls implemented; ergonomically assess new equipment or workstation layout in the planning stages before exposing employees to potential cumulative trauma stresses.
(j) With the assistance of its ergonomic consultant, Respondent will establish an ergonomics team consisting of members with management, engineering, safety and medical responsibilities and including exposed employees to evaluate health data, determine job analysis priorities and intervention strategies, and evaluate and modify intervention strategies. 2. In the Bordering Department of the Stationery Mill:
(a) Respondent's ergonomic consultant will assist the Respondent in continuing to work on the development of improved tools for its unique operations, with particular focus on a redesign of the "bone fanning tool," the inking block and the brushing device utilized by borderers. Respondent's ergonomic consultant will work with Respondent to develop improvements to those tools, or alternatives (including mechanical application systems).
(b) Respondent will redesign the work station to utilize slanted work surfaces and reduce (or eliminate, if feasible) excessive reaches.
(c) Respondent will continue to investigate automation of its bordering operation. 3. In the Papeterie Department of the Stationery Mill:
(a) Respondent will work with its ergonomic consultant to continue its investigation of workstation redesign issues, including measures to eliminate excessive reaches; study spring- loaded stacking devices; study providing adjustable and tiltable fixtures to hold material while inserting plastic covers on boxes; study providing ergonomically-designed chairs; study providing turntables or other measures to reduce operator reaches; and study providing padded edges of tables. With its ergonomic consultant's assistance, Respondent will also investigate the provision of spring-loaded tables for drop-ins and the training of operators as to improved work methods to minimize ergonomic stress, evaluate the feasibility of purchasing larger-sized box covers (for certain of its products) to minimize stress during boxing operations. 4. In the Finishing Department of the Bay State Mill:
(a) Respondent will investigate the feasibility of tilting the fixture holding inspected sheets and providing vibration mechanisms to square the edges.
(b) Respondent will evaluate the feasibility of providing automatic sheet feeders for sorting to eliminate stressful motions.
(c) Respondent will evaluate the extent to which tape dispensers and wrapping operations can be lowered or repositioned to eliminate excessive reaches.
(d) Respondent will provide finger cots for wrappers to reduce finger forces.
(e) respondent will evaluate alternative sit/stand stools for sorters and sealers and obtain such equipment. In the interim, Respondent will evaluate available lean stands from several vendors.
(a) As an interim measure, Respondent will implement feasible administrative controls that are necessary to reduce employee exposure to repetitive motion trauma within 60 days of the date on which this Stipulation and Settlement Agreement is executed. As noted above with respect to the specific abatement measures sought by OSHA, administrative controls to be considered shall consist of employee rotation, restriction of overtime, mandatory frequent rest breaks, modification of the incentive system or other methods, including the reduction of the number of repetitions per employee per hour.
(b) respondent will submit to the Director of OSHA's Springfield, Massachusetts Area Office within 75 days of the execution of this Agreement a detailed plan of abatement that outlines a schedule for the implementation of engineering, administrative and medical measures to reduce employee exposures to repeated trauma.
(c) Correction of the cited conditions, as set forth in Paragraph XIX above, shall be completed within 150 days of the execution of this Agreement by the implementation of an ergonomics program that fully implements feasible engineering controls, and, where such controls are not sufficient to eliminate ergonomic stressors, Respondent will implement additional administrative controls as necessary to eliminate, to the extent possible, employee exposure to CTDs.
In each of Respondent's manufacturing facilities, (listed in Appendix A), and for all jobs not specifically provided for above, Respondent agrees to implement an ergonomics program that is designed to identify any existing or potential cumulative trauma disorder hazards and minimize employee exposure to such conditions. Such programs will feature a worksite analysis in conjunction with Respondent's ergonomic consultant, which will examine existing information sources, conduct screening surveys to determine ergonomic risk factors and conduct ergonomic job hazard analyses. Respondent agrees to initiate, within 60 days of the identification of any job with ergonomic hazards, where appropriate, measures as set forth herein to prevent and control such hazards, featuring engineering controls, work practice controls, medical management as well as training and education for employees and supervisors.
For a period of three years, the parties shall meet on a semi-annual basis to discuss Respondent's progress in dealing with cumulative trauma disorders. The contact persons for initiation of such meetings shall be the Director of Personnel and Public Relations for Respondent and the Director of Complainant's Springfield, Massachusetts Area Office. The Company will provide OSHA with information concerning its capital expenditures relating to ergonomics issues for a period of five years from the date of this Agreement. Respondent also agrees to allow OSHA access to all of its facilities and appropriate documents, for a period of 3 years from the signing of this Agreement, to determine progress and compliance with this Agreement, and to conduct compliance inspections under the Occupational Safety and Health Act. Complainant agrees that, for a period of 3 years from the signing of this Agreement, assuming implementation of the Agreement by Respondent, it shall not conduct general schedule inspections as to ergonomic issues covered by this Agreement at the facilities listed in Appendix A, except that Complainant may conduct baseline and monitoring inspections to determine compliance with this Agreement and all other types of inspections permitted under the OSH Act.
If, during the course of any inspection conducted during the period covered by this Agreement, not to exceed 3 years, the Secretary detects a situation or condition related to the coverage of this Agreement which would ordinarily result in citation, Complainant will determine whether the condition is being or will be addressed as part of the facility's activities pursuant to this Agreement. If the condition is reasonably being or will be addressed pursuant to this Agreement, no citation shall be issued.
Complainant retains the right to issue ergonomic related citations to any facility in the event Respondent is determined by Complainant not to be implementing this Agreement in good faith.
Quarterly reports shall be submitted to the OSHA area offices having jurisdiction over each of the facilities covered by this agreement and to OSHA's national office, Office of Compliance Programming. Where such facilities are located in states with approved OSHA plans, reports shall be submitted to the appropriate state office. The reports shall describe the activities under this program during the previous three month period, including the numbers of employees receiving training, the number of employees treated for CTD, the extent of such treatment, the utilization of rest pauses and other programs, job rotation, identification and control of stressors, any pilot projects conducted, or other relevant information.
Reports required under this agreement shall be made available to safety and health committees.
The Company shall indicate CTD controls implemented and shall if it determines that controls identified in this agreement or recommended by the Consultant are not to be implemented at any prescribed locations, provide OSHA with the basis for such determinations. OSHA specifically reserves the right to disagree with any determinations made by the Consultant or the Company that such controls are unnecessary or inappropriate.
After the expiration of three years, such reports shall be submitted annually, unless OSHA determines that the problem has been reduced to a point where such reports are no longer useful or necessary at any or all locations.
It is understood that the reports generated by the activities described in this Agreement shall be handled as "confidential" pursuant to Section 15 of the Act, 29 U.S.C. ? 664 and 29 CFR ? 1903.9. Respondent shall have the obligation to identify the documents, information or portion thereof, that contains proprietary or business confidential material.
The parties have entered into this Stipulation and Settlement Agreement as a compromise of disputed claims. It is intended to avoid the expense of litigating all of the issues arising from the Inspection and issuance of citations. In order to secure the compromise and avoid litigation, it is agreed that this Agreement and any related statements, commitments or positions taken by Respondent -- including but not limited to fulfilling its obligations under this Stipulation and Settlement Agreement -- do not and shall not constitute and admission of law of fact by Respondent regarding any alleged violation of the Act. This Stipulation and Settlement Agreement shall not be used against Respondent in any proceeding before any Court or administrative agency initiated under any other law or regulation.
Respondent, by entering into this Agreement, does not admit any wrongdoing or violations of the Occupational Safety and Health Act, or of any regulation or standard issued pursuant thereto.
In entering into this Agreement, Respondent states that the alleged violations contained in the citation did not constitute an intentional, knowing, willful or a voluntary disregard for the requirements of the Occupational Safety and Health Act, its standards, regulations, or guidelines.
Respondent represents that, prior to the execution of this Agreement, it has accomplished certain of the measures described above. It has created the Company-wide ergonomics committee and the Business Unit ergonomics committees referenced in Paragraph X, supra.
Respondent had retained a qualified ergonomics consultant who has been working with the Company for more than one year. With his assistance, the Company has developed an ergonomics training program for all Company employees and supervisors. Initial training has been completed for all its Massachusetts-based employees (who constitute 95% of the Company's workforce), and the remaining employees will receive initial training within 30 days of the signing of this Agreement. In addition, with the assistance of its ergonomics consultant, the Company has videotaped and analyzed -- from an ergonomics perspective -- the positions referenced by OSHA in the cited facilities, as well as certain other jobs. The Company has maintained its employee suggestion system, initially developed more than 50 years ago, and encouraged its use by employees concerning matters relating to ergonomics and other workplace safety issues. Respondent further represents that it has eliminated the "piece-work" incentive system that had been in effect in both the bordering department and the papeterie department of the Stationery Mill.
Respondent further represents that it will publicly promote occupational safety and health by making its officials available to speak publicly alongside OSHA officials, and in other forums, with respect to its experience in this matter, OSHA's important and positive role in workplace safety, the necessity for management commitment and vigilance to avoid violations of the Act, and the gains to be realized from a safe and healthful workplace and workforce.
Respondent represents that there is no authorized employee representative for the employees affected by the conditions reflected in the citation and this Agreement. Respondent shall provide this Agreement to employees of cited facilities by posting it, alongside the citation, at bulletin boards at the facilities where employees normally receive important information.
The parties agree that based on the foregoing representations, an order may be issued of record showing that the Respondent has withdrawn its notice of contest and entering the citations, and proposed penalty as amended by this Agreement and this Agreement as a final order of the commission.
Each party hereby agrees to bear its own fees and other expenses incurred by such party in connection with any stage of this proceeding.
Wherefore, the Secretary of Labor and Crane and Company agree that under the above noted conditions this matter before the commission, known as Docket No. 90-2280, is hereby settled.
Dated: December 12, 1991
Crane and Co., Inc U.S. Department of Labor
Occupational Safety and Health
Administration
By:______________________ By:________________________
Thomas A. White John B. Miles, Jr.
President and Chief Regional Administrator
Executive Officer
_______________________ David S. Fortney, Deputy
Peter A. Susser Solicitor
Keller and Heckman
1001 G. Street, NW
Washington, DC 20001 __________________________
(202) 434-4187 Albert H. Ross
Regional Solicitor
__________________________
Jerrold Solomon
Attorney
U.S. Department of Labor
Office of the Solicitor
One Congress Street
11th Floor
Boston, MA 02114
(617) 565-2500
APPENDIX A
FACILITIES OF
CRANE & COMPANY
AND CONTROLLED SUBSIDIARIES
Government Mill Pittsfield, Massachusetts
Bay State Mill Dalton, Massachusetts
Pioneer Mill Dalton, Massachusetts
Wahconah Mill I Dalton, Massachusetts
Wahconah Mill II Dalton, Massachusetts
(Old Berkshire Mill)
Stationery Division Dalton, Massachusetts
Byron Weston Mill Dalton, Massachusetts
Standard Process & Engineering San Leandro, California
Excelsior Process and
Engraving Baltimore, Maryland
Excelsior Printing Co. North Adams, Massachusetts
Excelsior Process and Engraving North Adams, Massachusetts