_______________________________________
WILLIAM E. BROCK, SECRETARY OF LABOR, )
UNITED STATES DEPARTMENT OF LABOR, )
)
Complainant, ) OSHRC DOCKET
)
v. ) No. 87-16
)
USS, A DIVISION OF USX CORPORATION, )
)
Respondent, )
)
UNITED STEELWORKERS OF AMERICA, )
)
Authorized )
Employee Representative. )
_______________________________________)
The parties have reached a full and complete settlement of the above captioned matter presently pending before the Occupational Safety and Health Review Commission. 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 (84 Stat. 1590: 29 U.S.C. 651 et. seq.), (hereinafter the "Act").
(b) Respondent, USS, a Division of USX Corporation, has its principal place of business in Pittsburgh, Pennsylvania. Respondent has been, at all times material to this proceeding, a corporation engaged in the business of manufacturing; and during the course of its business, its employees perform various tasks in the nature of manufacturing. Also during the course of its business, respondent uses material and equipment which it receives from places located outside Pennsylvania. Respondent, as a result of the aforesaid activities, 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.
(c) As a result of an inspection conducted on May 9 through July 16, 1986, at respondent's workplace at its Clairton Plant located at 400 State Street, Clairton, Pennsylvania, a willful (within the meaning of Section 17 (a) of the Act) citation for 98 violations and an other-than-serious citation for 10 violations were issued to respondent on December 10, 1986, pursuant to Sections 8 and 9 of the Act. The citations alleged violations of recordkeeping requirements set forth in 29 CFR 1904.2(a). Notifications of proposed penalties were also issued to respondent on December 10, 1986. The citations additionally ordered the abatement of the violations by January 16, 1987.
(d) Respondent filed a timely notice of contest to the citations and penalties with the Secretary of Labor. The contest was duly transmitted to the Commission.
(a) Complainant hereby agrees to amend Willful Citation No. 1, Item 1 in the following respects:
Instance Number Amendment
2 Grouped into Citation No. 1, Item 3
5 Transferred to Other than Serious Citation
No. 2, Item 1, with no penalty
6 Transferred to Other than Serious Citation
No. 2, Item 1, with no penalty
7 Transferred to Other than Serious Citation
No. 2, as Item 2, with a $1,000 penalty
8 Grouped into Citation No. 1, Item 4
12 Grouped into Citation No. 1, Item 6
14 Grouped into Citation No. 1, Item 6
18 Transferred to Other than Serious Citation
No. 2, as Item 3, with a $1,000 penalty
19 Transferred to Other than Serious Citation
No. 2, as Item 4, with a $1,000 penalty
25 Grouped into Citation No. 1, Item 2
26 Transferred to Other than Serious Citation
No. 2, as Item 5, with a $1,000 penalty
27 Grouped into Citation No. 1, Item 2
28 Transferred to Other than Serious Citation
No. 2, Item 1, with no penalty
30 Grouped into Citation No. 1, Item 3
31 Grouped into Citation No. 1, Item 3
32 Grouped into Citation No. 1, Item 2
33 Transferred to Other than Serious Citation
No. 2, as Item 6, with a $1,000 penalty
34 Transferred to Other than Serious Citation
No. 2, as Item 7, with a $1,000 penalty
35 Transferred to Other than Serious Citation
No. 2, as Item 2, with a $1,000 penalty
36 Grouped into Citation No. 1, Item 5
38 Grouped into Citation No. 1, Item 2
42 Grouped into Citation No. 1, Item 2
47 Grouped into Citation No. 1, Item 5
49 Grouped into Citation No. 1, Item 2
52 Grouped into Citation No. 1, Item 5
54 Grouped into Citation No. 1, Item 5
58 Grouped into Citation No. 1, Item 3
(b) Complainant further amends Citation No. 1, Items 1 and 2 in the following respects:
(i) Citation No. 1, Item 2, Instances 1, 3, and 5 are transferred to Citation No. 1, Item 1, and given a $1,500.00 penalty each.
(ii) The penalties for all additional instances in Citation No. 1, Item 1 (Instances 1, 3, 4, 9, 10, 11, 13, 15, 16, 17, 20, 21, 22, 23, 24, 29, 37, 39, 40, 41, 43, 44, 45, 46, 48, 50, 51, 53, 55, 56, 57, 59, 60) are reduced from $2,000 each to $1,500.00 each.
(iii) The penalties for Citation No. 1, Items 2, through 6 are reduced from $2,000.00 to $800.00 for each item.
(c) As a result of the amendments to Citation No. 1, Item 1 described in paragraphs III(a) and III(b), supra, the penalties assessed for said Item are reduced from $120,000.00 to $54,000.00. As a result of the transfer of seven alleged violations from Citation No. 1, Item 1 to Citation No. 2, Items 2 through 8, the total penalties for Citation No. 2 have been increased form $0 to $7,000.00. The penalties for Citation No. 1, Items 2 through 6 have been reduced to a combined penalty of $4,000.00, ($800 per Item). Thus, the total penalties for Citation 1 and 2 combined have been reduced from $130,000.00 to $65,000.00.
Respondent agrees to the following provisions:
(a) Respondent agrees to withdraw its notice of contest to the citations and penalties as amended in paragraphs III(a), (b), and (c) above and to pay to the U.S. Department of Labor the amount of $65,000.00 within twenty (20) days of this agreement. This amount represents payment of $1,500.00 for each of the violations alleged in Citation No. 1, Item 1, $800.00 for each Item in Citation No. 1, Items 2 through 6, and $1,000.00 each for the seven alleged violations which were transferred from Citation No. 1, Item 1 to Citation No. 2 as described above.
(b) Respondent represents that the above-noted alleged violations at its Clairton Plant will be corrected by June 1, 1987. Respondent similarly agrees that it will review its recordkeeping practices at all geographic locations covered by the Act as set forth in Section 4(a) of the Act, the regulations at 29 CFR Part 1904, the OSHA 200 Log, and the Revised BLS Guidelines for Occupational injuries and illnesses, effective April, 1986.
(c) Respondent agrees to hereafter maintain its injury and illness records nationwide in accord with the Act, the recordkeeping regulations at 29 CFR Part 1904, the OSHA 200 Log, the revised BLS Recordkeeping Guidelines for Occupational Injuries and Illness effective April, 1986, and as they all may from time to time be revised.
(d) Respondent agrees to provide the Secretary with a report by July 1, 1987 indicating all programmatic changes instituted corporate-wide and/or at individual plants to implement paragraphs IV(b) and (c). The report shall include all written and other materials disseminated by the corporation or any agent thereof intended to provide instruction or guidance to its plant recordkeepers and safety personnel in their recordkeeping responsibilities under the Act. The Secretary agrees to provide the Authorized Employee Representative with a copy of all reports received pursuant to this paragraph.
(e) At the June, 1987 meeting of the joint union management safety and health committee for each facility covered by this agreement (or the first meeting after June, 1987 if there is no June meeting), a representative of respondent shall report on the status of abatement under this agreement for that facility and provide an anticipated completion date.
(f) Respondent agrees that the reports noted in Section IV(b) and (d) will be entirely accomplished as soon as practicable, but within six months of the date of execution of this agreement on the same day, the day of the last signature controls initiation of the six month period. With respect to paragraph IV(c), respondent avers that it is presently fulfilling its OSHA recordkeeping responsibilities in accord with said provision.
Assuming compliance by respondent with all provisions of this Stipulation and Settlement Agreement, complainant agrees not to issue any citations at any of the respondent's facilities under 29 CFR 1904.2(a) asserting that respondent's log and SUMMARY of occupational injuries and illnesses (OSHA Form No. 200 or its equivalent) were not correctly maintained.
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 both the government and respondent and to resolve differences regarding compliance with the Act.
Each party agrees to bear all of its own attorneys fees, costs, and expenses arising out of and incidental to the instant matter.
WHEREFORE, the parties agree that under the above-noted conditions this matter docketed before the Commission as Docket No. 87-16 is hereby settled.
USS, A DIVISION OF USX
CORPORATION George R. Salem
Solicitor of Labor
BY:
Billy M. Tennant
General Attorney Marshall H. Harris
Employee Relations Regional Solicitor
Dated: April 28, 1987
Mark V. Swirsky
Attorney
FOR AUTHORIZED EMPLOYEE U.S. DEPARTMENT OF LABOR
REPRESENTATIVE
Attorneys for Complainant
Mike Wright, Director
Safety and Health
United Steelworkers of America
Dated: April 28, 1987