____________________________________
SECRETARY OF LABOR, )
)
Complainant )
)
v. ) OSHRC Docket No. 87-0921
)
YALE-NEW HAVEN HOSPITAL )
)
)
Respondent )
____________________________________)
On May 20, 1987, respondent was cited for alleged willful (citation number 1), repeat (citation number 2), and nonserious (citation number 3) violations of the recording and reporting requirements for occupational injuries and illnesses under the OSH Act. The Secretary proposed that a penalty of $374,000 be assessed for citation number 1, $200 for citation number 2, and $100 for citation number 3. Respondent contested the citations and the proposed assessment of penalties.
On December 9, 1987, the parties filed a settlement agreement which provides for a revision of citation number 1 in a specified manner, the effect of which is to regroup the violations into four parts with a penalty of $10,000 each. Respondent agreed to withdraw its notice of contest to the citations as amended. Accordingly, it is
ORDERED that respondent's notice of contest is dismissed,
citation number 1 is amended to reflect the terms
of the settlement agreement, the citations are
affirmed, as amended, and penalties in the total
amount of $40,300 are assessed.
Richard DeBenedetto
RICHARD DeBENEDETTO
Judge, OSHRC
Dated: December 11, 1987
Boston, Massachusetts
December 14, 1987
IN REFERENCE TO: Secretary of Labor v. YALE-NEW HAVEN HOSPITAL OSHRC Docket No. 87-0921
1. Please take notice that the accompanying order and all other papers comprising the record shall be mailed this date to the Review Commission's Executive Secretary, and shall contribute the report of this Administrative Law Judge for the purpose for the purpose of 29 U.S.C. 661(j).
2. Any request for relief from clerical mistakes or errors arising from oversight or inadvertence must be in the form of a written motion (see 29 C.F.R. 2200.40). The motion should be directed to the Review Commission as follows:
Executive Secretary
Occupational Safety and Health
Review Commission
1825 K Street, N.W. - Room 401
Washington, D.C. 20006
3. The Executive Secretary shall make an appropriate referral of any request for relief.
4. The order shall become final thirty (30) days from the date of its docketing by the Executive Secretary, unless review thereof is directed by a Commission Member within that time. 29 U.S.C. 661(j).
RICHARD DeBENEDETTO
Judge, OSHRC
Dated: December 11, 1987
____________________________________
SECRETARY OF LABOR, )
)
Complainant )
)
v. ) OSHRC Docket No. 87-0921
)
YALE-NEW HAVEN HOSPITAL )
)
)
Respondent )
____________________________________)
Complainant and Respondent hereby stipulate and agree that:
(1) On May 20, 1987 respondent was cited for alleged violations of the Occupational Safety and Health Act of 1970, 29 USC 651, et seq., hereinafter referred to as the Act and was issued a Notification of proposed penalty in the total amount $374,300.
(2) Respondent, an employer within the meaning of section 3(5) of the Act, duly filed with a representative of the Secretary of Labor a notice of intent to contest said citations and proposed penalties. This notice was duly transmitted to the Review Commission and it is agreed that jurisdiction of this proceeding is conferred upon said Commission by section 10(c) of the Act.
(3) Complainant and Respondent have agreed to resolve this matter, without the necessity of further pleadings, as follows:
Complainant hereby moves to amend Citation Number 1 as follows:
Amend the citation to charge the violations reflected in Citation 1, Item 1 to four willful violations with a penalty of $10,000 each, for a total penalty of $40,000, the various items to be regrouped as follows:
Original As Amended
1(A) 1
1(B) 2
1(C) 3
1(D) 3
1(E) 2
1(F) 4
1(G) 2
1(H) 2
(4) In view of the aforesaid, respondent hereby withdraws its Notice of Contest and the parties agree that the citation and proposed penalty, as amended by this agreement, totaling $40,300 for all citations, shall be affirmed and become the final order of the Occupational Safety and Health Review Commission.
(5) It is agreed between the parties that this Stipulation and Settlement Agreement is not to be construed as an admission by Yale-New Haven that it engaged in any wrongdoing or violated the provisions of the Act or any other regulations, standards or rules thereunder. It is further agreed that the terms of the Stipulation of Settlement and any classifications or penalties as used herein will not constitute an admission of any kind by any party to this Stipulation in any proceeding before 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 except for proceedings arising under the Occupational Safety and Health Act.
This Agreement is made in order to prevent further litigation and expenses to both the government and Yale-New Haven and to resolve differences regarding compliance with the Act.
(6) Respondent certifies that the violations alleged have been abated or will be abated by the abatement dates as shown in the citation as amended above, and that the penalty, as amended, has been paid. Respondent agrees to comply with the Act in all respects in the future and, specifically, to assure that its records are in compliance with 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.
(7) Respondent further certifies that the original Notice of Contest and a copy of this agreement have been posted and that all pleadings and documents in this matter have been served in accordance with Commission Rules 7 and 100.
(8) Each party hereby agrees to bear its own fees and other expenses incurred by such party in connection with any stage of this proceeding.
George R. Salem
Solicitor of Labor
YALE-NEW HAVEN HOSPITAL
Albert H. Ross
Regional Solicitor
John S. Casler
Attorney
United States Department of Labor
Attorneys for Complainant
Post Office Address:
U.S. Department of Labor
Office of the Solicitor
John F. Kennedy Federal Building
Government Center
Boston, Massachusetts 02203
(617/565-2500)