____________________________________
ELIZABETH DOLE, SECRETARY OF LABOR, )
)
Complainant, )
)
v. ) OSHRC Docket
) Nos. 89-2467 89-2467(FTA)
FRICTION DIVISION PRODUCTS, INC., )
)
Respondent. )
____________________________________)
)
INTERNATIONAL CHEMICAL WORKERS )
UNION, AFL-CIO, AND ITS LOCAL, )
INTERNATIONAL CHEMICAL WORKERS )
UNION LOCAL NO. 155 )
)
Authorized Employee )
Representative. )
____________________________________)
More than ten days having elapsed since service of the settlement agreement by posting at the workplace and by mailing a copy to the authorized employee representative and no objection to the time set for abatement having been filed by an employee or authorized representative of employees, all matters encompassed within OSHRC Docket Nos. 89-2467, 89-2467 (FTA) have become a final order of the Occupational Safety and Health Review Commission.
CONSENTED TO BY:
For Respondent: For Complainant:
ROBERT P. DAVIS
Solicitor of Labor
PATRICIA M RODENHAUSEN
Regional Solicitor
_______________________ _______________________
JAMES D. PAGLIARO STEPHEN D. DUBNOFF
Morgan, Lewis and Bockius Counsel for Occupational
2000 One Logan Square Safety and Health
Philadelphia, Pennsylvania 19103
(215) 963-5000
United States Department
Date: _June 13, 1990______ of Labor
Office of the Solicitor
201 Varick Street
Room 707
New York, New York 10014
Tel: 212-337-2078
Date:__ June 20, 1990 __
For the authorized
employee representative:
_______________________
International Chemical
Worker Union, AFL-CIO,
and its Local No. 155.
Date: _ June 20, 1990 __
SO ORDERED:
________________________
Administrative Law Judge
Occupational Safety and Health
Review Commission
____________________________________
ELIZABETH DOLE, SECRETARY OF LABOR, )
)
Complainant, )
)
v. ) OSHRC Docket Nos. 89-2467
) 89-2467(FTA)
FRICTION DIVISION PRODUCTS, INC., )
and its successors, )
Respondent. )
____________________________________)
INTERNATIONAL CHEMICAL WORKERS )
UNION, AFL-CIO, AND ITS LOCAL, )
INTERNATIONAL CHEMICAL WORKERS )
UNION LOCAL NO. 155 )
)
Authorized Employee )
Representative. )
____________________________________)
The parties, Friction Division Products, Inc., ("Friction" or the "company") and its successors, Elizabeth Dole, Secretary of Labor, United States Department of Labor (the "Secretary"), and the International Chemical Workers Union, AFL-CIO, and its Local No. 155 (the "Union"), by their undersigned representatives, have reached full and complete settlement of OSHRC Docket Nos. 89-2467, 2467 (ETA) under Rule 2200.100 of the Occupational Safety and Health Review Commission's (the "Commission's") procedural rule on settlement. Accordingly, the parties state as follows:
1. The Commission has jurisdiction of this matter under 29 U.S.C. 659(c), Section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. 651-678 (the "Act").
2. Friction Division Products, Inc., is a corporation with its principal place of business located in Trenton, New Jersey. It has been at all times material to this proceeding engaged in the business of manufacturing and its employees performed various tasks in the nature of manufacturing. During the course of its business, Friction uses material and equipment which it receives from places located outside New Jersey. As a result of these activities, the company is an employer engaged in a business affecting commerce as defined by Section 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. 29 U.S.C. 652(3),(5),(6).
3. After inspection of Friction's brake manufacturing plant in Trenton, New Jersey in early 1987, the Secretary cited friction for numerous violations of the Occupational Safety and Health Administration's (OSHA's) standard regarding occupational exposure to asbestos, 29 C.F.R. 1910.1001. Friction did not contest the citation. Instead, Friction and the Secretary executed a settlement agreement and the citation became a final Commission order on September 1, 1987. After reinspecting friction's plant in early 1988, the Secretary issued a failure-to-abate notice alleging that violations cited in 1987 remained unabated. In addition, the Secretary issued a new citation for relying on a laboratory with inadequate quality control for asbestos testing. Friction contested neither the failure-to-abate notification nor the new citation. Friction and the Secretary executed settlement agreements and the notification and citation became final Commission orders on June 21, 1988.
4. After an inspection of Friction's workplace in Trenton, New Jersey, from February through July 1989, the Secretary issued to Friction: a) Citation No. 1 alleging two serious violations of OSHA electrical safety standards; b) Citation No. 2 alleging 113 willful violations (within the meaning of Section 17(a) of the Act) of the OSHA standard regarding exposure to asbestos in the workplace, 29 C.F.R. 1910.1001; and c) Citation No. 3 alleging "other-than-serious" violations of OSHA injury and illness recordkeeping requirements. The Secretary proposed penalties for the willful and serious violations cited in a) and b). The Secretary also issued a separate notification of a failure-to-abate, alleging that Friction failed to abate a number of violations of the OSHA asbestos standard cited during previous inspections in 1987 and 1988 and proposing a penalty.
5. Friction filed a timely notice of contest to the citations, the notifications and the proposed penalties with the Secretary of Labor. The contest was duly transmitted to the Commission.
6. The Secretary hereby amends the total proposed penalty for Citation Nos. 1, 2 and 3 in Docket Nos. 89-2467, 89-2467(FTA) to $285,000. The payment of the amended penalty shall be made to "DOL-OSHA" as follows: in twelve equal increments paid on a quarterly basis by the fifth day of the month in which it is due, the first payment to be due and owing on January 5, 1991, and the remainder to follow thereafter until the entire amount has been satisfied. In addition, the respondent agrees to provide the appropriate indemnity, performance bond, or like assurance satisfactory to the Secretary as spelled out in a separate letter of agreement, to insure that the amended penalties set forth herein are paid. The parties further agree that the notification of proposed penalties for failure to abate previous violations of $1,735,000 shall be collected from Friction only if Friction is found to have violated the order of the United States Court of Appeals for the Third Circuit consented to as part of this settlement agreement (see 1 15 and Addendum a), and then only in the amounts found appropriate by that court for such violations.
________ NOTE: Citation No. 2 was amended on August 8, 1989 to correct certain transcription errors for items 32-38. Friction's contest in this matter covered the citation as amended.
7. Friction agrees to comply with the Act and specifically to abate the violative conditions in the citations and notifications in the following way:
A) The Secretary cited Friction for exposure of employees to airborne asbestos at levels in excess of amounts provided in 29 C.F.R. 1910.1001(c)(1), (c)(2). The Secretary also notified Friction that it had failed to abate conditions that violated 29 C.F.R. 1910.1001(c). Friction agrees to abate the cited conditions through implementation of engineering controls and work practices in accordance with the Abatement Plan attached here as Addendum A.
B) The Secretary cited Friction for failing to conduct monitoring of employee exposure to asbestos as required by 29 C.F.R. 1910.1001(d). Friction agrees to abate the cited condition and to comply with this section of the standard in the future. Specifically, Friction also agrees to:
1) conduct sampling at intervals no greater than six months for employees whose exposure may reasonably be forseen to exceed the action level and/or the excursion limit (1910.1001(d)(3));
2) conduct appropriate additional monitoring whenever there has been a change of production, process, control equipment, personnel or work practices that may result in new or additional exposures above the action level and/or excursion limit or when Friction has any reason to suspect that a change may result in new or additional exposures above the action level and/or excursion limit (1910.1001(d)(5));
3) notify employees of monitoring results as required (1910.1001(d) (7)(i));
4) ensure that any laboratory used for exposure testing follows the procedures listed in Appendix A of the OSHA asbestos standard (1910.1001(p)).
C) The Secretary notified Friction that it had failed to correct a cited violation under 29 C.F.R. 1910.1001(e)(4) for allowing employees to walk through the plant without respirators at the start and end of shifts and during breaks. Friction represents that it has abated this condition. Friction agrees to continue to comply with this section of the standard in the future. Friction agrees to continue to provide and ensure the use of respirators consistent with the applicable regulations at all times employees are in the regulated area.
D) The Secretary cited Friction for failure to institute engineering and work practice controls required by 29 C.F.R. 1910. 1001(f). Friction agrees to comply with the standard and to abate the cited conditions in accordance with the Abatement Plan attached here as Addendum A.
E) The Secretary cited Friction for failure to use respiratory protection as required by 29 C.F.R. 1910.1001(g). The Secretary also notified Friction that it had failed to abate certain violations of 1910.1001(g). Friction represents that it has abated the cited conditions. Friction agrees to continue to comply with this section of the standard in the future. Specifically, Friction also agrees to:
1) institute and enforce a respiratory protection program in accordance with the present requirements of 29 C.F.R. 1910.134 and as it may from time to time be amended (1910.1001(g)(3)(i));
2) select full face-piece air purifying respirators when required by the standard (1910.1001(g)(2)(i));
3) train employees in the proper way to wear the respirators (1910.1001(g)(3)(i));
4) maintain the respirators regularly by cleaning and disinfecting them (Id.);
5) inspect and evaluate the respirators regularly to determine their continued effectiveness and the overall effectiveness of the respirator program (Id.);
6) ensure that the respirator issued to employees exhibits the least possible face-piece leakage and that it fits properly (1910.1001(g) (4)(i));
7) conduct initial and periodic quantitative or qualitative testing to assure that negative pressure respirators fit properly (1910.1001(g) (4)(ii)).
F) The Secretary cited Friction for failure to follow required practices for work clothing and equipment under 29 C.F.R. 1910.1001(h). Friction represents that the cited conditions have been abated. Friction agrees to continue to comply with this section of the standard in the future. Specifically, Friction also agrees to:
1) provide and require the use of protective clothing (i.e. coveralls or similar full-body work clothing) at all times that employees are in the regulated area or exposed above the permissible exposure limit (1910.1001(h)(1)(i));
2) provide employees with the proper gloves, head coverings and foot coverings (1910.1001(h)(1)(ii));
3) ensure that contaminated clothing, gloves, head coverings, shoes or other work clothing or protective devices are not removed from the change room by employees except for employees authorized to do so for purposes of laundering, maintenance or disposal (1910.1001(h)(2)(ii));
4) ensure that contaminated work clothing is placed and stored in closed containers (1910.1001(h)(2)(iii));
5) ensure that contaminated clothing is stored and transported only in sealed impermeable containers (1910.1001(h)(3)(vi));
6) ensure that containers of contaminated protective devices or work clothing removed from the change rooms bear the required warning labels (1910.1001(h)(2)(iv));
7) ensure that any third party laundering the contaminated clothing is notified of the requirements of the OSHA asbestos standard and is made aware of the harmful effects associated with exposure to asbestos (1910.1001(h)(3)(iv),(v));
G) The Secretary cited Friction for failure to ensure adequate hygiene practices under 29 C.F.R. 1910.1001(i). Friction represents that the cited conditions have been abated. Friction agrees to continue to comply with this section of the standard in the future. Specifically, Friction also agrees to:
1) require employees working in the regulated areas to shower at the end of each work shift (1910.1001(i)(2)(i));
2) provide shower facilities in accordance with 29 C.F.R. 1910.141(d)(3) (1910.1001(i)(2)(ii));
3) ensure that the lunch room facilities have a positive pressure and filtered air supply (1910.1001(i)(3)(ii));
4) ensure that employees vacuum clean their protective clothing before entering the lunchroom and wash their hands and faces before eating and drinking (1910.1001(i)(3)(iii),(iv)).
H) The Secretary cited Friction for failure to communicate hazards to employees adequately under 29 C.F.R. 1910.1001(j). Friction agrees to abate the cited conditions and to comply with this section of the standard. Specifically, Friction agrees to:
1) properly label plastic bags containing baghouse dust (1910.1001(j)(2)(i));
2) conduct training for employees at the time of initial assignment or at least annually thereafter and ensure that it communicates the required information in a way that employees are able to understand (1910.1001(j)(5)).
I) The Secretary cited Friction for failure to use adequate housekeeping procedures under 29 C.F.R. 1910.1001(k). The Secretary also notified Friction that it had failed to abate certain housekeeping violations. Friction represents that the cited conditions have been abated. Friction agrees to comply with this section of the standard in the future. Specifically, Friction also agrees to:
1) ensure that all surfaces within the plant are maintained as free as practicable of accumulations of asbestos waste (1910.1001(k)(1));
2) ensure that asbestos spills are cleaned up as soon as possible (1910.1001(k)(2));
3) provide and use only vacuum cleaners equipped with HEPA filters to maintain all surfaces as free as practicable of accumulations of asbestos fibers (1910.1001(k)(4));
4) prohibit the shoveling, dry-sweeping and dry clean-up of asbestos waste (1910.1001(k)(5)).
J) The Secretary cited Friction for having an inadequate medical surveillance program under 29 C.F.R. 1910.1001(l). Friction agrees to abate the cited conditions and to comply with this section of the standard. Specifically, Friction also agrees to:
1) continue to conduct the required medical surveillance program (1910.1001(l)(1)(i));
2) complete the required medical questionnaires for preplacement examinations (1910.1001(l)(2)(ii));
3) include chest roentgenograms in preplacement examinations and ensure they are performed in accordance with Appendix E of the standard (1910.1001(l)(2)(ii));
4) conduct annual medical examinations (1910.1001(l)(3)(i));
5) complete the abbreviated standardized questionnaire contained in Appendix D, Part 2, when required to do so (1910.1001(l)(3)(ii));
6) ensure that the examining physician is supplied with the required information (1910.1001(l)(6));
7) obtain a written opinion from the examining physician (1910.1001(l)(7)(i)).
K) The Secretary cited Friction for inadequate recordkeeping practices. Friction agrees to abate the cited conditions and to comply with this section of the standard. specifically, Friction also agrees to:
1) ensure that monitoring records contain the appropriate respiratory protection information (1910.1001(m)(1)(ii)(E));
2) ensure that exposure records contain the names of the employees whose exposures are represented (1910.1001(m)(1)(ii)(F));
3) record employee complaints related to exposure to asbestos (1910.1001(m)(3)(ii)(C));
4) record occupational injuries and illnesses appropriately on OSHA Form No. 200 (29 C.F.R. 1904.2(a));
5) maintain a medical surveillance record that includes a copy of the information provided to the physician (1910.1001(m)(3)(ii)(D));
6) provide air monitoring results upon request to affected employees, former employees, designated representatives and the Secretary (1910.1001(m)(5)(ii)) L) The Secretary cited Friction for serious violations of OSHA electrical safety standards under 29 C.F.R. 1910.304(f)(4) and 29 C.F.R. 1910.305(g)(1)(iii). Friction represents that the cited conditions have been abated. Friction agrees to comply with these provisions in the future.
8. In addition to the above, Friction also agrees to:
A) continue to engage the consulting services of Galson Technical Services (or, as defined in 29 C.F.R. 1926.58, another competent person to be mutually agreed upon by the parties to the stipulated settlement agreement) to monitor the abatement plan set forth in Addendum A. The consultant will provide independent verification of the progress on the abatement plan. The consultant will prepare and submit to the OSHA area office in Marlton, New Jersey and to both the International Chemical Workers Union,AFL-CIO, and its Local No. 155, quarterly written progress reports for each of the activities under the plan from the date of execution of this agreement until completion of the plan. The reports shall be certified by the consultant and signed by Friction's chief executive officer;
B) require no warrants for entry by the Secretary's representative or for access to those documents related to compliance with this agreement;
C) permit monitoring inspections by representatives of the Secretary to determine compliance with the agreement;
D) maintain communications with the employees and employee representatives about the progress of the safety and health program in the facility. To facilitate this communication, the consultant reports described in paragraph A) of this section shall be sent both to the International Chemical Workers Union and its Local No. 155. In addition, the reports shall be made available to employees on request.
9. It is understood that the reports generated by Friction under this agreement, including those described in paragraph 8 of this agreement, shall be handled pursuant to Section 15 of the Act (29 U.S.C. 664), 18 U.S.C. 1905, and 29 C.F.R. 1903.9. Friction shall have the obligation to identify the document, information, or portion thereof that contains proprietary or business confidential material.
10. All dates and time periods imposed by this agreement, unless otherwise indicated, shall run from the date of entry of the final Commission order.
11. In view of the aforesaid, Friction withdraws its notices of contest to the amended citations, the notifications of a failure to correct and the notices of proposed penalties in OSHRC Docket Nos. 89-2467, 89-2467(FTA). The parties agree that an order may be issued of record entering the citations, the notification of failure to correct and the notification of proposed penalty, as amended as set out herein, and this settlement agreement as a final order of the Commission.
12. It is agreed between the parties that this stipulation and settlement is not to be construed as an admission by Friction that it engaged in any wrongdoing or violated provisions of the Act or any regulations, standards or rules thereunder. It is further agreed that the terms of the stipulation and settlement and any classification or penalties as used herein or the statements, actions, or findings made by Friction in connection herewith or hereafter in fulfilling its obligations under this agreement, will not constitute an admission of any kind by any party to this stipulation in any proceeding in any court, agency, Commission, or any other body in any action arising from, growing out of or related to matters set forth in the citations and notifications except for further proceedings arising under the Occupational Safety and Health Act of 1970 or proceedings brought by the U.S. Department of Labor or any other Federal agency under its authority to pursue violations of other statutes, if appropriate. This agreement is made in order to avoid further litigation and expense to both the Secretary and to Friction and to resolve differences over compliance with the Act.
13. There are no citation items in OSHRC Docket Nos. 89-2467, 89-2467 (ETA) that remain to be decided by the Commission.
14. Included with this agreement is a draft order approving this settlement agreement. The parties hereby consent to the entry of the order so that the litigation of OSHRC Docket Nos. 89-2467 and 89-2467 (ETA) may be brought to an end.
15. The parties agree that the Secretary is entitled to an order under Section 11(b) of the Act, 29 U.S.C. 660(b), in the United States Court of Appeals for the Third Circuit enforcing this agreement and the final Commission orders arising from it. The employer consents to entry of such an order, the form of which is attached to this agreement (Addendum a). The employer also consents to entry of the final Commission orders of September 1, 1987 and June 21, 1988 (Id.).
16. The parties agree to bear their own attorneys' fees, costs, and other expenses that have been incurred in connection with this proceeding.
17. Friction certifies that the original notice of contest as well as all the pleadings in OSHRC Docket Nos. 89-2467, 89-2467(FTA), including a copy of this agreement have been served on affected employees pursuant to Commission Rule 2200.7.
WHEREF0RE, the parties agree that under the above-noted conditions, the matter docketed before the Commission as Docket Nos. 89-2467, 89-2467(FTA) is hereby settled.
Respectfully submitted, this 20th day of June, 1990.
For Friction Division Products: For the Secretary:
___________________________ ROBERT P. DAVIS
ROBERT CARNEY Solictor of Labor
President
Friction Division Products, Inc. PATRICIA M. RODENHAUSEN
Regional Solicitor
___________________________ _____________________________
JAMES D. PAGLIARO STEPHEN D. DUBNOFF
Morgan, Lewis and Bockius Counsel for Occupational
2000 One Logan Square Safety and Health
Philadelphia, Pennsylvania 19103
(215) 963-5000 ______________________________
Attorneys for Friction SUE ANN WOLFF
Senior Trial Attorney
PATRICK D. GILFILLAN
For the Union: Attorney
___________________________ United States Department
of Labor
International Chemical Office of the Solicitor
Worker's Union, AFL-CIO, 200 Constitution Ave.,NW
and its Local No. 155. Room 5-4004
Authorized employee representative Washington, D.C. 20210
(202) 523-7684
In implementing this abatement plan, the parties agree that the following conditions will be observed:
1. Necessary permits from state and local agencies shall be promptly applied for by Friction. Those permits required for Phase I shall be applied for within 30 days after the execution of this agreement. Where additional information is requested by the agency, it shall be promptly supplied. Copies of the application cover letter(s) shall be provided to the Occupational Safety and Health Administration, Marlton Area Office.
2. Air samples shall follow the protocol specified in 29 C.F.R. 1910.1001, Appendix A. Sampling shall take place during normal asbestos production. Production records shall be made available to OSHA upon request. Sampling shall be conducted weekly in all areas subject to this plan until it is completed. Copies of all sampling results shall be included in the quarterly reports submitted to OSHA.
3. Friction shall enforce the work practices instituted pursuant to this plan and shall certify their performance in the quarterly reports.
4. If, for any reason, Friction needs an extension of time for any of the dates in this abatement plan, it will apply for such extension with OSHA at the Marlton area office in writing. The letter of application will be posted at the worksite with the citation and settlement agreement. The employee representative will be afforded the opportunity to state any objection in writing to the request for extension within 10 days. If the Secretary objects to such extension, she will consult with Friction and the employee representative, and state her objections in writing prior to initiating any contempt proceedings.
Abatement of violations shall be accomplished according to the following schedule:
A. The following item will be completed within 90 days from the entry of the Commission's final order (no permits are required):
Description Area
Install spring loaded Preform.
doors on overhead hoppers.
Provide canvas tops for bins. Grinding, drilling, press,
inspection.
Institute work practice Press.
controls requiring vacuuming
of Press area after every
third heat.
Repair carts and bins; provide Press, grinding, drilling,
lid closures. inspection, packing.
Repair inadequate seals in mixers. Preform.
Institute periodic preventive All.
maintenance program for all dust
collection systems.
Install access points for clean All.
outs of ductwork.
B. The following items will be completed within 180 days from the entry of the Commission's final order (no permit is required):
Description
At some point after either Inspection, branding,
grinding and/or drilling, packing, rework,
spray brake pads with a
lock-down encapsulant to
prevent emission of dust
from the handling of the
product. Install dip tank;
institute process change:
use of encapsulant, where
feasible.
C. The following items will be completed within 90 days after obtaining required permits:
Install make up air unit sufficient Lunchroom.
to ensure positive pressure.
Refit arch breaker with 5" exhaust Preform.
hose.
Provide new and adequate connection Preform.
to the cyclone.
Repair and upgrade debagger hooding; Preform.
provide exhaust control.
Provide portable local exhaust unit Preform.
for preform maintenance.
Design and install exhaust ductwork Preform.
from discharge of the machine and
debris access port; connect to dust
collector.
Institute work practices to vacuum Preform.
machine surfaces after opening
enclosure(s).
D. The following items will be completed within 180 days after obtaining required permits:
Description Area
Place conveyor in front of mixer Preform.
under negative pressure.
Reconfigure ductwork; enclose and Drilling.
exhaust exit into basket; exhaust
cover around drill bits; close area
under material feed.
Test engineering controls to reduce Preform.
emissions from Work-a-matic bins at
two locations, one in Drilling and
one in Inspection or Branding.
E. The following items will be completed within 270 days after obtaining required permits:
Description
Reconfigure ductwork; seal hopper Preform.
lids, scales and doors; exhaust
feed system; extend enclosure
at exit.
Reconfigure ductwork; redesign Grinding.
ventilation at base of machine;
repair bottom enclosure; enclose
and exhaust chain guide mechanism;
install hood enclosure at exit;
install vacuum pickup.
Reconfigure ductwork; design Grinding.
and install in-feed and out-feed
enclosures.
Modify existing high velocity All.
unit heaters or replace with low
velocity unit heaters.
Determine and report on feasible Preform.
methods to place mixer under
negative pressure.
The following additional abatement measures will be undertaken, if after completion of Phase I above, air contaminant levels, as measured by the sampling method described above, remain above the permissible exposure limit in one of two consecutive tests. Such measures will be completed within 90 days after obtaining required permits.
A. A make-up air system will be installed in the preform area.
B. An exhausted work station consisting of at least a downdraft table with hood enclosure will be installed in the rework department.
C. Feasible engineering controls, as determined in Phase I, paragraph D above, will be installed on all Work-a-matic bins.
D. Downdraft tables for stacking the preformed material will be provided at all presses.
If after completion of Phases I and II above, air contaminant levels, as measured by the sampling methods described above, remain above the permissible exposure limit in one of two consecutive tests, and if the makeup air system installed in the preform area reduces the air contaminant level to below the permissible exposure limit, then a makeup air system will be installed for the entire plant.
___________________________________
ELIZABETH DOLE, SECRETARY OF LABOR,)
)
Petitioner, )
)
v. ) Case No. 89-3529
)
FRICTION DIVISION PRODUCTS, INC., )
)
Respondent. )
___________________________________)
This cause was submitted on the application of the Secretary of Labor for entry of a judgment against Respondent, Friction Division Products, Inc. (Friction), enforcing a final order of the Occupational Safety and Health Review Commission (Commission) dated September 1, 1987 and two final orders dated June 21, 1988. Friction consents to entry of a decree enforcing these final orders under the terms of the settlement agreement attached and incorporated by reference herein. In addition, the parties have settled OSHRC Docket Nos. 89-2467, 89-2467(FTA) in accordance with the same settlement agreement, which became a final order of the Commission on _________, 1990. Friction consents to entry of a decree enforcing the _________, 1990 final Commission order in OSHRC Docket No. 89-2467, 89-2467(FTA).
Therefore, pursuant to Section 11(b), 29 U.S.C. 660(b) (1982) of the Occupational Safety and Health Act of 1970, 29 U.S.C. 651-678 (1982 and Supp. V 1987), it is hereby ORDERED, ADJUDGED AND DECREED that:
1. The Commission's final order of September 1, 1987 and final orders of June 21, 1988 and ___________ , 1990, are hereby enforced in accordance with the terms of the attached settlement agreement.
2. Friction shall comply with each of the Commission's final orders enforced here and abate the cited conditions in accordance with the terms of the final orders and the settlement agreement.
3. Friction shall also cease and desist from violating in any like or related manner Section 5(a) (2) of the OSH Act, 29 U.S.C. 654(a)(2), as set forth in the paragraphs above.
Entered by order of the Court:
_________________________
Clerk
United States Court of Appeals
for the Third Circuit
Date: ___________________
The foregoing order is consented to:
For Friction Division For the Secretary of Labor:
Products, Inc.:
ROBERT P. DAVIS
Solicitor of Labor
CYNTHIA L. ATTWOOD
Associate Solicitor for
Occupational Safety and Health
BARBARA WERTHMANN
Counsel for Appellate
Litigation
_________________________ __________________________
JAMES D. PAGLIARO PATRICK D. GILFILLAN
Attorney Attorney
Morgan, Lewis and Bockius U.S. Department of Labor
2000 One Logan Circle 200 Constitution Avenue, N.W.
Philadelphia, Pennsylvania 19103 Room 5-4004
Washington, D.C. 20210
Date: ___________________ Date: ____________________
I hereby certify that on this 20th day of June, 1990, a copy of the foregoing final consent order and stipulation and settlement agreement was served by mail on the following:
Nancy Vary, Esq.
Morgan, Lewis and Bockius
101 Park Avenue
New York, New York 10178
Richard Uhlar
International Chemical Workers Union
1655 West Market Street
Akron, Ohio 44313
Stanley S. Spector, Esq.
Shechet and Spector
Attorneys at Law
2116 Sunset Avenue
Ocean, New Jersey 07712
__________________________