_______________________________________ SECRETARY OF LABOR, ) UNITED STATES DEPARTMENT OF LABOR, ) Complainant, ) OSHRC DOCKET ) NO. 86-1634 v. ) ) EXXON COMPANY, U.S.A., ) A Division of Exxon Corporation, ) Respondent. ) _______________________________________) OIL, CHEMICAL AND ATOMIC WORKERS ) INTERNATIONAL UNION, LOCAL 2-470, ) Authorized Employee) Representative ) _______________________________________)
William E. Brock, Secretary of Labor, United States Department of Labor, hereinafter referred to as the "Secretary, and Exxon Company, U.S.A., hereinafter referred to as "Exxon", have reached a full and complete settlement of the above-captioned matter presently pending before the Occupational Safety and Health Review Commission. As the elements of this settlement, the Secretary and Exxon agree as follows:
(A) On October 24, 1986, two citations were issued to the Exxon Billings Refinery located east of Billings, Montana. Citation number 6 is identified as an other than serious type of violation and addresses: (1) under items 1 through 12, revisions to Exxon's material safety data sheets (MSDSs) and container labels for alleged violations of the Hazard Communication Standard; and (2) under item 13, changes to the OSHA Form numbers 200 and 101, or their equivalents, for the alleged failure to record incidents of noise-induced hearing loss. Citation number 7 is identified as a "willful" type of violation for alleged failure to record occupational injuries and illnesses to the OSHA Forms numbers 200 and 101, or their equivalents.
(B) On November 17, 1986, Exxon filed timely notices of contest to citation number 6 and citation number 7 with the Secretary of Labor.
(C) Disagreement exists between the Secretary and Exxon as to the matters addressed in citation numbers 6 and 7 issued to the Billings Refinery by the Secretary and contested by Exxon. To resolve disagreement and to prevent further litigation and expense to both parties, the Secretary and Exxon are entering into this settlement agreement.
(D) This agreement constitutes the full and complete understanding of the parties as to the settlement of citation numbers 6 and 7.
(E) The effect of this settlement agreement is limited to the Exxon Billings Refinery.
(A) Exxon will modify its 1984 and 1985 OSHA Forms number 200 by October 15, 1987 to record the incidents listed in citation number 7, items 1a(a-u), and by this same date will prepare Exxon's equivalent to the OSHA Form number 101 to record the incident listed in item 1(b) of this citation.
(B) Exxon agrees that its Billings Refinery will maintain its OSHA Form number 200's and the OSHA Form number 101 or its equivalent, in accordance with the Occupational Safety and Health Act, the regulations at 29 C.F.R. Part 1904, and the revised Bureau of Labor Statistics Guidelines for Occupational Injuries and Illnesses, effective in April of 1986, as they may be from time to time revised, unless these guidelines are changed by intervening legislation or a final decision by the United States Circuit Court of Appeals for the Ninth Circuit or the United States Supreme Court.
(C) The Secretary hereby reduces the penalty for "willful" citation number 7 from $3,000 to $2,000. The citation and notification of proposed penalty is deemed amended accordingly.
(D) In settling citation number 7, Exxon does not admit any wrongdoing or violation of the Occupational Safety and Health Act or any regulation or standard issued pursuant thereto, nor does Exxon agree to the "willful" characterization of citation number 7.
(E) In accord with and subject to the terms and provisions of this settlement agreement, Exxon withdraws its notice of contest to citation number 7, as amended herein.
(A) The Secretary hereby reduces the penalties for the following items of the other than serious citation:
Item From To 2 $210 $150 4 $210 $150 5 $210 $150 8 $210 $150
The citation and notification of proposed penalty are deemed amended accordingly.
(B) The Secretary, without prejudice to his ability to cite these alleged violations in the future, hereby withdraws items 13(a) and 13(b) of citation number 6, for other than serious violations.
(C) Exxon states that it has abated all remaining items of the citation number 6 for other than serious violations and agrees that October 15, 1987 will be the final abatement date for these items.
(D) In settling citation number 6, Exxon does not admit any wrongdoing or violation of the Occupational Safety and Health Act or any regulation or standard issued pursuant thereto.
(E) In accord with and subject to the terms and provisions of this settlement agreement, Exxon withdraws its notice of contest to citation number 6.
(A) A copy of this stipulation and settlement agreement was posted at Exxon's Billings Refinery on ____ November 13 ____, 1987, where it may be viewed by its employees. Affected employees are represented by Oil, Chemical and Atomic Workers International Union, Local 20470, and a copy of this settlement agreement has been served on Garry Crawford, 6613 Hackney Place, Shepherd, Montana by first class mail, this _ 13th _ day of __ November ___, 1987.
(B) Exxon has tendered payment of the total penalty of $2,600 to the Secretary's representative.
(C) The Secretary and Exxon agree that all matters encompassed within OSHRC Docket No. 86-1634 may become a final order of the Occupational Safety and Health Review Commission.
(D) Further, each party hereby agrees to bear his or its own fees and other expensed incurred by such party in connection with any stage of this proceeding.
Dated this _ 15th _ day of _ OCTOBER _, 1987.
Exxon Company, U.S.A. George R. Salem Solicitor of Labor Tedrick A. Housh, Jr. By James J. Doyle, Jr. Regional Solicitor James J. Doyle, Jr. Post Office Box 2180 Houston, Texas 77252 H. Alice Jacks Attorney for Respondent H. Alice Jacks Attorney 911 Walnut St., Rm. 2106 Oil, Chemical and Atomic Kansas City, Mo. 64106 Workers Union, Local 20470 (816) 374-6441 Attorneys for Secretary of Labor, By Garry Crawford U.S. Department of Labor Garry Crawford 6613 Hackney Place Shepherd, Montana 59079 Authorized Employee Representative