______________________________________
SECRETARY OF LABOR, ) OSHRC DOCKET NOS.
)
Complainant, ) 87-0679 and 87-0680
)
v. ) REGION IV
FORD MOTOR COMPANY, )
)
Respondent. ) STIPULATION
) AND JOINT MOTION
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The parties stipulate and agree as follows:
1(a). Complainant hereby withdraws Item Nos. 3(a) (17) and 7(a)(5) of Citation No. 2 in OSHRC Docket No. 87-0680 issued April 29, 1987, and dismisses so much of the Complaint as is based thereon, on the ground that the evidence now available does not appear to sustain the violations as alleged.
1(b). Complainant hereby amends Item Nos. 3(a) (18), 3(a)(44), 3(a)(45), 3(a)(48), 7(a)(7) and 4(a)(1) of Citation No. 2 in OSHRC Docket No. 87-0680 issued April 29 1987, to reclassify the violations alleged therein as "other."
1(c). Complainant hereby amends his Notifications of Penalty for violations alleged in the Citations issued April 29, 1987, so that they are as follows:
OSHRC DOCKET NO. 87-0679
CITATION NO. ITEM NO. PROPOSED PENALTY
1 1 $300
2 1 0
2 2 0
OSHRC DOCKET NO. 87-0680
CITATION NO. ITEM NO. PROPOSED PENALTY
2 1(a) and (b) $5,496
2 2(a)(1)-(34) 93,404
2 3(a)(1)-(16)
3(a)(19)-(43)
3(a)(46)-(47)
3(a)(49)-(53) 131,604
2 4(a)(2)-(8) 19,236
2 5(a)(1)-(3) 8,244
2 6(a)(1)-(12) 32,976
2 7(a)(1)-(4)
and (a)(6) 13,740
2 3(a)(18),(44)
(45) and (48)
and 7(a)(7) 0
2 4(a)(1) 0
3 1(a)(1)-(27) 0
2(a) (1)-(21) 0
3 3(a)(1)-(33) 0
3 4(a)(1)-(4) 0
3 5(a)(1)-(4) 0
3 6(a)(1)-(5) 0
3 7(a)(1)-(14) 0
3 8(a)(1)-(5) 0
2. Respondent represents that all violations alleged in the Citations issued on April 29,1987, for its Hapeville, Georgia facility, except Item Nos. 1(a) and (b) of Citation No. 1 in OSHRC Docket No. 87-0680, have been and will remain abated.
3. On November 9, 1987 OSHA issued five willful Citations for. violations of 29 C.F R. Part 1904 at respondent's St. Louis, Missouri facility. Respondent agrees not to contest these Citations and has paid the total penalties of $20,000. Respondent represents that all violations alleged in the five willful Citations issued for its St. Louis facility will be abated as soon as practicable but no later than December 15, 1987.
4(a). Respondent will review its recordkeeping practices at all of its facilities nationwide including all of its wholly-owned subsidiaries and assure that its records, going back to January 1, 1986, are in compliance with the Act, the regulations at 29 C.F.R. Part 1904, the OSHA 200 Log, and the Revised BLS Guidelines for Occupational Injuries and Illnesses, effective April 1986 as soon as practicable but no later than June 1, 1988. Except for items listed in Citations issued for respondent's Hapeville and St. Louis facilities, complainant agrees not to issue any Citations alleging violations of 29 C.F.R. 1904.2 and 1904.4 for any of respondent's facilities during the abatement period prior to June 1, 1988. No Citation will be issued for any violation of 29 C.F.R. 1904.2 and 1904.4 before January 1, 1986, however, complainant may issue Citations with "respect to any violation after December 31, 1985 and before June 1, 1988 only to the extent it remains unabated as of June 1, 1988. Complainant will take no action which could result in a recordkeeping Citation being issued in those states covered by OSHA approved state plans.
(b). Respondent represents that it is currently upgrading and will continue to maintain its injury and illness records at all of its facilities nationwide in accordance with the Act, the recordkeeping regulations at 29 C.F.R. Part 1904, the OSHA 200 Log and the revised BLS Recordkeeping Guidelines for Occupational Injuries and Illnesses effective April 1986, and as they may from tame to time be revised.
(c). Respondent agrees to provide its plan of abatement to the Secretary as soon as practicable, but no later than January 6, 1988, with a copy to the Union.
(d). Respondent further agrees to provide the Secretary as soon as practicable, but no later than June 1, 1988, with a copy to the Union, a report indicating all programmatic changes instituted corporate-wide or at individual plants to implement paragraph 4(a). The report shall include all written and other materials disseminated by respondent's Occupational Health and Safety Staff or any agent thereof intended to provide instruction or guidance, to its plant recordkeepers and safety personnel in their recordkeeping responsibilities under the Act.
5. Respondent hereby withdraws the Notice of Contest as to Citation Nos. 1 and 2 in OSHRC Docket No. 87-0679 and Citation Nos. 2 and 3 in OSHRC Docket No: 87-0680, except its Notice of Contest as to Citation No. 1, Item Nos. 1(a) and (b) in OSHRC Docket No. 87-0680. Respondent states that this withdrawal was not induced by a promise of any other party here to except as may appear herein. Respondent does not withdraw its Notice of Contest as to Citation No. 1, Item Nos. 1 (a) and (b) in OSHRC Docket No. 87-0680.
6. Respondent has paid the penalty, as amended, in the total amount of $305,000 for all violations alleged at the Hapeville, Georgia facility (Docket Nos. 87-0679 and 87-0680) except Item Nos. 1 (a) and (b) of Citation No. 1 in Docket No. 87-0680.
7. Affected employees herein are represented. By the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW and its Local 882.
8. Respondent does not admit any wrongdoing or violation of the Occupational Safety and Health Act or any regulation or standard issued pursuant thereto. This agreement is made in order to prevent further litigation and expense to all parties and to resolve differences regarding compliance with the Act.
9. Each party hereby agrees to bear its own fees (including attorney fees) and other expenses incurred by such party in connection with any stage of this proceeding.
10. Respondent certifies that on November 9, 1987, notice of the foregoing was given to employees by posting a true copy (as executed by respondent) of this Stipulation, in accordance with Commission's Rule 7(g) [29 C.F.R. 2200.7(g)], and by mailing an additional such copy to the above-named Union.
ACCORDINGLY, the parties jointly move the Commission for an Order appropriate for final disposition of this matter.
This 9th day of November, 1987
FORD MOTOR COMPANY GEORGE R. SALEM
Solicitor of Labor
BY: BOBBYE D. SPEARS
WILLIAM J. ROONEY Regional Solicitor
Its Attorney
BY: JAMES L. STINE
CHRISTINA D. HILL Attorney
Its Attorney
By:
KEN S. WELSCH
Attorney
By:
STEPHEN J. SIMKO, JR.
INTERNATIONAL UNION, UNITED Attorney
AUTOMOBILE, AEROSPACE AND
AGRICULTURAL IMPLEMENT WORKERS
OF AMERICA, UAW AND ITS LOCAL 882 Attorneys for the Secretary
of Labor, United States
Department of Labor
By:
RICHARD MONCZKA
Safety Consultant
UAW Health and Safety
Department
Joint Motion was served by first class mail this 9th day of November, 1987, addressed to:
Ms. Christina D. Hill
Mr. William J. Rooney
Office of the General Counsel
Ford Motor Company
1018 The American Road, Room 1018
Dearborn, Michigan 48121
Mr. Richard Monczka
Safety Consultant
UAW Health & Safety Department
UAW Local 882
8000 East Jefferson Avenue
Detroit, Michigan 48214
Mr. Bill White, President
United Automobile Workers
Local No. 882
Hapeville, Georgia 30354
/s/Ken S. Welsch
KEN S. WELSCH
Attorney