"This document was published prior to the publication of OSHA's final rule on Ergonomics Program (29 CFR 1910.900, November 14, 2000), and therefore does not necessarily address or reflect the provisions set forth in the final standard."
___________________________________
ANN McLAUGHLIN, SECRETARY OF LABOR,)
)
Complainant, )
)
v. ) OSHRC Docket
) Nos. 87-1242, 88-1291,
) and 88-1292
IBP, INC., DAKOTA CITY PLANT, )
)
Respondent, )
)
UNITED FOOD AND COMMERCIAL WORKERS,)
LOCAL UNION 222, )
)
Authorized )
Employee )
Representative )
___________________________________)
More than ten (10) days having elapsed since service of three of the settlement agreements 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 agreed upon by the parties related to OSHRC Docket Nos. 87-1242, 88-1291, and 88-1292 have become a final order of the Occupational Safety and Health Review Commission.
SO ORDERED:
Administrative Law Judge,
Occupational Safety and Health
Review Commission
FOR RESPONDENT: FOR COMPLAINANT:
IBP, Inc. U.S. Department of Labor
Jerry G. Thorn
Deputy Solicitor of Labor
Tedrick A. Housh, Jr.
Regional Solicitor
Lonnie O. Grigsby , Esq. Michael A. Stabler
IBP Legal Division Attorney
Dakota City, Nebraska 68731 Room 2106, 911 Walnut St.
Kansas City, Missouri 64106
United Food and Commercial
Workers Union, Local 222
William Schmitz
Chief Executive Officer
3038 So. Lakeport Road
Sioux City, Iowa 51106
Attorney for Respondent
_______________________________________
ANN McLAUGHLIN )
SECRETARY OF LABOR,. )
)
Complainant, )
)
V. ) OSHRC DOCKET
) No. 87-1242
IBP, INC., )
DAKOTA CITY PLANT )
)
Respondent, )
)
UNITED FOOD AND )
COMMERCIAL WORKERS, )
LOCAL UNION 222, )
)
Authorized )
Employee )
Representative )
_______________________________________)
Complainant and Respondent 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. Section 651 et seq.) (hereinafter the "Act").
(b) Respondent, IBP, Inc., is a corporation with its principal place of business located in Dakota City, Nebraska. It has been at all times material to this proceeding engaged in the business of manufacturing and has operated a manufacturing facility located in Dakota City, Nebraska. During the course of its business, its employees perform various tasks in the nature of manufacturing. During the course of its business, Respondent, at its Dakota City facility, uses material and equipment which it receives from places located outside Nebraska. 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 January 22, 1987, through July 11, 1987, at Respondent's workplace in Dakota City, citations alleging 1,039 violations of the Act were issued to Respondent on July 21, 1987, pursuant to Section 8 and 9 of the Act. The citations allege violations of the recordkeeping requirements set forth in 29 C.F.R. Section 1904.2(a). Notifications of proposed penalties were also issued to Respondent on July 21, 1987.
(d) Respondent disagreed with the citations and filed a notice of contest to the citations and penalties with the Secretary of Labor. The contest was duly transmitted to the Commission.
Respondent agrees to the following provisions:
(a) Respondent agrees to withdraw its notice of contest to the citation described above, and to pay the U.S. Department of Labor $ 975 000.00 in full financial settlement of the recordkeeping and safety and health citations. The parties agree that this payment satisfies the proposed penalty in this matter and the other matters covered in the attached memorandum of agreement.
(b) Respondent agrees that it will, by 12-31-88, at the Dakota City, Nebraska facility, record the injuries and illness incidents as identified in the subject citations. Furthermore, it will, going back to January 1, 1986, review its recordkeeping practices at all other wholly-owned facilities covered by the Act as set forth in Section 4(a) of the Act in order to determine 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. Respondent agrees that it will accomplish this process by 6-30-89.
(c) Respondent agrees to maintain its injury and illness records at the location identified in Section III(b) hereof in accordance with the Act, the recordkeeping 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 (and as they may from time to time be revised).
(d) Respondent agrees to notify the Secretary in writing by 12-31-88 , of the actions to be taken to implement Paragraphs III(b) and (c) hereof. Respondent further agrees to provide the Secretary with written confirmation no later than 7-15-89 indicating that these actions have been completed.
The Company will provide each OSHA director having an IBP production facility within his jurisdiction with a report indicating all programmatic changes instituted corporate-wide and/or at individual plants to implement Paragraphs III(b) and (c) above. 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 record keepers and safety personnel in their recordkeeping responsibilities under the Act. They will include, at a minimum, the following:
(a) All employees visiting the plant medical facility to report injuries or illnesses will be asked whether their medical condition is caused or aggravated by work. Where the employee states that an injury or illness is work related and that case otherwise meets the criteria for recording, that case will be entered on the log pending final determination of causation.
(b) Injuries and illnesses for which worker's compensation claims are filed, which meet the BLS Guidelines for Occupational Injuries and Illnesses, will be entered on the OSHA 200 Log ("the Log") pending final determination.
(c) Sickness and accident claims for which occupational causation is claimed will be investigated by the plant medical and/or safety departments to determine if they meet the criteria of "recordable." Those which meet the criteria for recording will be entered on the Log.
(d) Instances where employees are granted medical restrictions or job transfers as a result of recordable injuries or illnesses claimed to be of occupational origin will be entered on the Log pending final determination.
A list of all such restrictions and transfers will be maintained. This list will be available to the Secretary of Labor, and in union represented plants, the applicable union.
(e) Where any case is removed from the Log as a result of investigation, the reasons will be documented and the record of the investigation, if any, maintained. In general, investigations of illnesses will require on-site participation of medical personnel. The record of these investigations will be available to the local OSHA area director, and in union-represented plants, the applicable union.
(f) All personnel responsible for investigation of injury and illness reports and the maintenance of injury and illness records will be instructed in the Bureau of Labor Statistics Guidelines and Procedures in this Agreement.
Respondent does not admit any wrong doing or violation of the Occupational Safety and Health Act or any regulation or standard issued pursuant thereto. It is further agreed that the terms of this Stipulation and Settlement Agreement will not constitute an admission of any kind by either party in any proceeding before any court, agency, commission or any other body in any action arising from, growing out of, or related to the matter set forth in the citations, except for further proceedings under the Act.
This Agreement is made in order to avoid 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 attorney 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. 87-1242 is hereby settled.
FOR COMPLAINANT: FOR RESPONDENT:
JERRY THORN
DEPUTY SOLICITOR OF LABOR
TEDRICK HOUSH
Regional Solicitor
MICHAEL A. STABLER LONNIE O. GRIGSBY
Trial Attorney Senior Vice President
General Counsel and Secretary
US. Department of Labor IBP, Inc.
Office of Solicitor Highway 35 North
911 Walnut, Room 2109 Dakota City, NE 68731
Kansas City, Missouri, 64106
Date: 11/23/88 Date: 11/23/88
FOR UNITED FOOD AND COMMERCIAL
WORKERS UNION, LOCAL 222:
WILLIAM J. SCHMITZ
Chief Executive Officer
3038 South Lakeport Road
Sioux City, Iowa, 51106
Date: 11-23-88
___________________________________
ANN McLAUGHLIN, SECRETARY OF LABOR,)
)
Complainant, )
)
v. ) OSHRC Docket
) No. 87-1291
)
IBP, INC., DAKOTA CITY PLANT, )
)
Respondent, )
)
UNITED FOOD AND COMMERCIAL WORKERS,)
LOCAL UNION 222, )
)
Authorized )
Employee )
Representative )
___________________________________)
Complainant and Respondent have reached a partial 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. Section 651 et seq.) (hereinafter the "Act").
(b) Respondent, IBP, Inc. , is a corporation with its principal place of business located in Dakota City, Nebraska. It has been at all times material to this proceeding engaged in the business of meatprocessing and has operated a meatprocessing facility located in Dakota City, Nebraska. During the course of its business, its employees perform various tasks in the nature of meatprocessing. During the course of its business, Respondent, at its Dakota City facility, uses material and equipment which it receives from places located outside Nebraska. 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(5) of the Act, and is subject to the requirements of the Act.
(c) As a result of an inspection conducted on November 12, 1987, through November 25, 1987 at Respondent's workplace in Dakota City, a serious citation No. 1, with 13 items and an other-than-serious citation No. 2, with 8 items were issued to Respondent on May 11, 1988, pursuant to Sections 8 and 9 of the Act. Notifications of proposed penalties were also issued to Respondent on May 11, 1988.
(d) Respondent disagreed with the citations and filed a notice of contest to the citations and proposed penalties with the Secretary of Labor. The contest was duly transmitted to the Commission.
(a) Respondent agrees to withdraw its notice of contest to all citations and penalties proposed therefore (as amended in subparagraph (b)), below except serious citation no. 1, Items 6 (b), 6(d), 9(b) and 9(c) These four items will remain under contest.
(b) A total penalty of $975,000.00 for this case and the cases docketed at OSHRC Docket No. 88-1242 and 88-1292 has been agreed to and ("ill be paid in accordance with the terms of the aforesaid Memorandum of Agreement.
(c) Abatement will be accomplished as provided in the aforesaid Memorandum of Agreement.
(d) The parties agree that based on the foregoing representations and on the terms of the Memorandum of Agreement incorporated herein, an order may be issued of record showing that respondent has withdrawn its notice of contest and entering the citation and notification of proposed penalty, as amended, as a final order of the Commission.
(e) In accordance with the terms of the Memorandum of Agreement, each party agrees to bear her or its own fees and other expenses incurred by such party in connection with any stage of the proceeding.
Dated this 23 day of November, 1988.
Jerry G. Thorn
Deputy Solicitor of Labor
IBP, Inc. Tedrick A. Housh, Jr.
Regional Solicitor
Lonnie O. Grigsby, Esq. Michael A. Stabler
IBP Legal Division Attorney
Dakota City, Nebraska 68731 Room 2106, 911 Walnut St.
Kansas City Missouri 64106
United Food and Commercial
Workers Union, Local 222
William J. Schmitz
Chief Executive Officer
3038 So. Lakeport Road
Sioux City, Iowa 51106
Attorney for Respondent
___________________________________
ANN McLAUGHLIN, SECRETARY OF LABOR,)
)
Complainant, )
)
v. ) OSHRC Docket
) No. 87-1292
)
IBP, INC., DAKOTA CITY PLANT, )
)
Respondent, )
)
UNITED FOOD AND COMMERCIAL WORKERS,)
LOCAL UNION 222, )
)
Authorized )
Employee )
Representative )
___________________________________)
Complainant and Respondent have reached a partial 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. Section 651 et seq.)(hereinafter the "Act").
(b) Respondent, IBP, Inc., is a corporation with its principal place of business located in Dakota City, Nebraska. It has been at all times material to this proceeding engaged in the business of meatprocessing and has operated a meatprocessing facility located in Dakota City, Nebraska. During the course of its business, its employees perform various tasks in the nature of meatprocessing. During the course of its business, Respondent, at its Dakota City facility, uses material and equipment which it receives from places located outside Nebraska. 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 November 23, 1987, through March 17, 1988, at Respondent's workplace in Dakota City, citations alleging violations of the Act were issued to Respondent on May 11, 1988, pursuant to Sections 8 and 9 of the Act. The citations issued consist of the following: Serious Citation No. 1, 6 items, Willful Citation No. 2, 4 items, including 620 sub-items for exposure to cumulative trauma disorder (ergonomics issues), and other-than-serious Citation No. 3, 6 items. A notification of proposed penalties was also issued to Respondent on May 11, 1988.
(d) Respondent disagreed with the citations and filed a notice of contest to the citations and proposed penalties with the Secretary of Labor. The contest was duly transmitted to the Commission.
(a) Respondent agrees to withdraw its notice of contest to all citations and penalties proposed therefore ( as amended in subparagraph (b), below) except serious citation No. 1, Item 1. This item will remain under contest.
(b) A total penalty of $975,000.00 for this case and the cases docketed at OSHRC Docket No. 88-1242 and 88-1292 has been agreed to and will be paid in accordance with the terms of the aforesaid Memorandum of Agreement.
(c) Abatement will be accomplished as provided in the aforesaid Memorandum of Agreement.
(d) The parties agree that based on the foregoing representations and on the terms of the Memorandum of Agreement incorporated herein, an order may be issued of record showing that respondent has withdrawn its notice of contest and entering the citation and notification of proposed penalty, as amended, as a final order of the Commission.
(e) In accordance with the terms of the Memorandum of Agreement, each party agrees to bear her or its own fees and other expenses incurred by such party in connection with any stage of the proceeding.
Dated this 23rd day of November, 1988.
Jerry G. Thorn
Deputy Solicitor of Labor
IBP, Inc. Tedrick A. Housh, Jr.
Regional Solicitor
Lonnie O. Grigsby, Esq. Robert S. Bass
IBP Legal Division Attorney
Dakota City, Nebraska 68731 Room 2106, 911 Walnut St.
Kansas City, Missouri 64106
(816) 426-6441
Attorney for Respondent Attorneys for
Secretary of Labor
United Food and Commercial U.S. Department of Labor
Workers Union, Local 222
William J. Schmitz
Chief Executive Officer
3038 So. Lakeport Road
Sioux City, Iowa 51106
1. This agreement is entered into by the United States Department of Labor, Occupational Safety and Health Administration ("OSHA"), IBP, Inc., and its successors (lap), and United Food and Commercial Workers, Local Union 222 ("UFCW") in order to resolve differences regarding compliance with recordkeeping, and safety and health requirements of the occupational Safety and Health Act of 1970 (the "Act"), and to avoid litigation and expense to all parties. IBP does not admit any wrongdoing or violation of the occupational Safety and Health Act, or any regulation or standard issued pursuant thereto.
2. OSHA has investigated IBP's compliance with the Act at its plant in Dakota City, Nebraska. This investigation has resulted in the issuance of citations for violations of the recordkeeping, and safety and health provisions of the Act and its implementing regulations.
3. The citation for recordkeeping violations has been contested by IBP and is presently pending before the Occupational Safety and Health Review commission as Docket No. 87-1242. UFCW is a party to that proceeding. That citation is being settled by a separate, attached stipulation and settlement agreement to be filed in that case. The payment for that citation shall be paid in accordance with paragraph 5 of this agreement.
4. Citations for safety and health violations relating to IBP's Dakota City plant were issued on May 11, 1988. IBP timely contested these citations. The citations are presently pending before the Review commission as Docket Nos. 88-1291 and 88-1292.
Except as noted in section IV, paragraph C of the attached IBP Health and Safety Agreement, these citations are being settled by separate, attached stipulation and settlement agreements to be filed in those cases. (Those citation items which are not being settled in this agreement shall remain under contest before the occupational Safety and Health Review commission under their respective docket numbers). The payment for those citations shall be in accordance with paragraph 5 of this agreement. OSHA, IBP, and UFCW agree that abatement of these citations shall be in accordance with the attached IBP Health and Safety Agreement.
5. IBP agrees to pay a total of $975,000.00 for both the recordkeeping, and safety and health citations. Payment shall be made to the U.S. Department of Labor no later than December 31, 1988.
6. The agreements, statements, and actions taken herein shall not be used in any litigation and shall not be admitted in evidence in any proceedings, other than a matter originating under the Occupational Safety and Health Act.
7. This agreement, together with the appropriate citations, shall be posted in accordance with the provisions of 29 C.F.R. 1903.16.
8. On August 8, 1988, OSHA initiated an inspection of IBP's Joslin, Illinois, meatpacking facility. As of the date of this agreement, OSHA's inspection is incomplete. However, the inspection team has preliminarily determined that the Joslin facility has occupationally related employee ergonomics conditions similar to those cited by OSHA in Docket No. 87-1242. In view of the fact that the attached IBP Health and Safety Agreement addresses ergonomic conditions at IBP corporate-wide, OSHA has determined to suspend its inspection at the aforementioned facility as it relates to ergonomic issues. (The inspection shall continue as to all other safety and health issues). In consideration for this action by OSHA, IBP agrees, as part of its commitment under the IBP Health and Safety Agreement, to give priority to the ergonomics conditions at the Joslin facility in general, and, more specifically, with respect to the positions/departments set forth in Appendix A below which OSHA has determined may have ergonomic hazards.
9. IBP and UFCW have executed a separate agreement implementing bilateral procedures to facilitate their cooperative effort with respect to the IBP Health and Safety Agreement, which is attached as an appendix to that agreement.
OSHA commends this expression of the company's and union's intent to improve occupational safety and health.
AGREED TO:
FOR COMPLAINANT: FOR RESPONDENT:
JERRY THORN LONNIE O. GRIGSBY
Deputy Solicitor of Labor Senior Vice President,
U.S. Dept. of Labor General Counsel and Secretary
200 Constitution Ave., N.W. IBP, Inc.
Washington, D.C. 20210 Highway 35 North
Dakota City, NE 68731
Date: 11/23/88 Date: 11/23/88
FOR UNITED FOOD AND
COMMERCIAL WORKERS UNION,
LOCAL 222:
WILLIAM SCHMITZ
Chief Executive Officer
3038 South Lakeport RD.
Sioux city, Iowa 51106
Date: 11/23/88
APPENDIX A Page 1
IBP, Inc. Joslin. Illinois plant
Slaughter division
2 first leggers
Slaughter division
2 first butters
Slaughter division
2 second leggers
Slaughter division
2 second butters
Slaughter division
1 templer
Slaughter division
1 chiseler
Slaughter division
1 tail ripper
Slaughter division
2 dejoint head droppers/head hangers
slaughter division
3 bung droppers
processing division
line 760/960 (round line)
4 knuckle pullers
Processing division
line 760/960 (round line)
3 shank droppers
processing division
line 760/960 (round line)
3 shank droppers
Processing division
line 760/960 (round line)
4 aitch bone operators
processing division
line 760/960 (round line)
5 inside round seamers
Processing division
line 715/915 (break Chain line)
6 clod pullers
Processing division
line 715/915 (break chain line)
6 paddle boners
Page 2
Processing division
line 723/923 (chuck line)
22 chuck boners
Processing division
line 765/965
26 whizard line operators
processing division
line 752/952 (strip line)
4 flap meat trimmers
Processing division
various lines
30 baggers
Processing division
line 740/940 (plate line)
7 skirt trimmers
Processing division
line 740/940 (plate line)
3 flank steak trimmers
Processing division
line 740/940 (plate line)
11 plate boners
Processing division
line 760/960 (round line)
3 shank trimmers
Processing division
line 740/940 (plate line)
3 brisket boners
Processing division
line 760/960 (round line)
4 inside round trimmers
Processing division
line 722/922 (arm line)
8 brisket trimmers
Processing division.
line 715/915 (break chain line)
7 arm boners
Processing division
line 723/923 (chuck line)
8 chuck trimmers
Processing division
line 752/952 (strip line)
4 tri-tip trimmers
Page 3
Processing division
line 752/952 (strip line)
7 retrimmers
Processing division
line 730/930 (rib line)
2 rib saw operators
Processing division**
line 740/940 (plate line)
3 flank steak pullers
Processing division**
line 740/940 (plate line)
2 hanging tender trimmers
Processing division**
line 740/940 (plate line)
4 deckle trimmers/upgraders
Processing division**
line 740/940 (plate line)
3 brisket bone cleaners
Processing division**
line 730/930 (rib line)
5 rib splitters
Processing division**
line 730/930 (rib line)
8 rib boners
Processing division**
line 730/930 (rib line)
3 short rib trimmers
Processing division**
line 730/930 (rib line)
1 baby Done cleaner
Processing division**
line 730/930 (rib line)
5 rib trimmers
Processing division**
line 715/915 (break chain line)
3 rib cap pullers
Processing division**
line 722/922 (rib line)
20 arm trimmers
Processing division**
line 760/960 (round line)
3 knuckle trimmers
Page 4
Processing division**
line 751/951 (tops and tenders line)
10 tender pullers
Processing division**
line 751/951 (tops and tenders line)
5 butt boners
Processing division**
line 751/951 (tops and tenders line)
9 tender trimmers
Processing division**
line 752/952 (strip line)
6 13th rib pullers/feather-boners/button-boners
Hides division**
2 defleshers
** unique to IBP in Joslin, Illinois plant
IBP HEALTH AND SAFETY AGREEMENT
TABLE OF CONTENTS
SECTION I: INTRODUCTION.................................... 3
A. General Recognition Language....................... 3
B. Opening Statement of Intent........................ 3
C...................................................... 3
SECTION II: DAKOTA CITY PLANT.............................. 3
A. Dakota City Ergonomics Consultant.................. 3
B. OSHA's Findings and Recommendations................ 4
SECTION III: MATTERS RELATING TO ALL IBP LOCATIONS ........ 6
A. Education Program.................................. 6
B. Medical Program.................................... 7
C. Orientation and Training........................... 8
SECTION IV: GENERAL........................................ 10
A. Other IBP Locations and Industry-Wide Program...... 10
B. Reporting Requirements............................. 10
C. Comprehensive Inspection Results................... 11
D. Settlement Languages. ............................. 11
E. Entry Onto Company Facilities...................... 12
F. Date Changes....................................... 12
G. Term of Agreement.................................. 14
Respondent, IBP, Inc., and its successors (hereinafter referred to as "the Company"), recognize that cumulative trauma disorders (hereinafter "CTD") are an occupational illness prevalent in the meat packing industry.
The Company and its successors agree to take the steps outlined below directed toward substantially reducing and/or eliminating ergonomic stress associated with CTD alleged to be present at its plants.
is crucial to the success of any ergonomics program.
1. An ergonomics consultant acceptable to the UFCW (the "Consultant") will be retained as soon as practicable (but no later than 12-27-88 for a period of at least two (2) years, for the Company's Dakota City, Nebraska, plant.
a. The Consultant will, as soon as practicable, but no later than thirty (30) days from the date of retention, complete an initial review of the results and recommendations of OSHA's report and analysis.
b. The Consultant will also review the Company's injury, illness and medical records at Dakota City.
1. The Consultant and the Company will meet with OSHA to discuss OSHA's citations and findings and its recommendations within thirty (30) days after completion of the Consultant's initial review of the report. This meeting shall occur no later than 2-22-89.
Following that meeting, the Company, with input from the Consultant, will design a program to test and evaluate the recommendations provided by OSHA.
a. For those jobs studied and for which citations were issued by OSHA, as a result of its 1987-1988 inspection, the Company shall initiate, no later than 3-19-89 testing and evaluation of those engineering solutions to CTD problems recommended by OSHA, including but not limited to platforms, tiltable work surfaces, turntables, changes in knife designs such as grinding both sides of a knife or shorter blades, less slippery knife grips, better knife sharpening systems, and other common engineering modifications.
b. It is further understood that such recommendations to be tested shall include developing knives, and knife usage to reduce CTD stressors, adjusting the elevation of the workers and/or product, adjusting the orientation of the product, diverging conveyors, powered mechanical assists for forceful hook pulls, mechanical pulls to pull meat away from the bone and the bone from the meat and changing work stations to eliminate stressful throws.
c. Several experimental work stations will be designed and built to test new tools and equipment specifically for the purpose of eliminating CTD potential. These stations shall be in operation by 9-19-89 d. When engineering changes prove to be insufficient to significantly reduce the ergonomic stress that has caused or is likely to cause CTD, administrative controls, including the reduction of the amount of repetitive motion work per employee, will be tested and implemented where feasible.
e. Testing and evaluating the changes recommended by OSHA will occur by 6-19-90
2. The Company, in consultation with the Consultant, will evaluate the entire plant to determine the extent and location of jobs, tasks and/or work procedures that have or are likely to cause CTD. This evaluation will include review of OSHA 200 Logs, medical records and complaints, direct observation, and other necessary survey methods.
a. These jobs will be analyzed using survey tools, such as videotaping to identify the stressors in each job.
b. The Company, in consultation with the Consultant, will research and recommend engineering modifications and/or administrative controls that are intended to reduce or eliminate the ergonomic stressors of jobs identified.
c. Recommendations will be tested and evaluated by the Company.
3. The Company will fully implement all feasible engineering and administrative control recommendations on the jobs identified in the OSHA citation within two (2) years. When the Company determines that it is feasible to implement abatement measures at Dakota City which are applicable to other locations, it shall, in its next quarterly report to OSHA, establish a schedule for such implementation at other plants as soon as reasonably possible. In such implementation, priority consideration shall be given to the Joslin, Illinois, plant. The Company will fully implement all feasible engineering and administrative control recommendations identified plant-wide within two (2) years.
1. The Company, with input from the Consultant, will design and implement a comprehensive education program for managers, supervisors, engineers, union representatives, and employees on the range, causes and means of prevention of CTD.
a. This education is for all personnel associated with jobs where the potential for CTD exists.
b. This education will include instruction for methods of knife sharpening and steeling and cutting as it relates to reducing ergonomic stress.
c. Initial training will begin by 12-26-88 and will be completed for all affected employees by 9-26-89 d. This training will not be less than two (2) hours. e. The training shall be repeated for each employee when necessary.
1. The Company, with input from the Consultant, will design and install a medical management program addressing CTD. The Company will begin implementation of this program as soon as practicable but no later than 3-1-89. This program will include:
a. Early detection of symptoms and conservative treatment. b. Utilization of physical therapists to develop and implement conservative treatment measures upon detection of the early symptoms of CTD.
c. The Company will conduct analyses of all regular light duty jobs to identify stressors with CTD potential. Based on the analyses, each job will be classified for CTD potential. A copy of the analyses will be provided to the representative of employees and to OSHA upon request.
d. All medical personnel treating workers will be given copies of such job analyses to assure that a worker having or showing early symptoms of CTD is assigned a light duty job that will not further exacerbate the inflammation of the muscles/tendons/nerves.
e. The Company will develop a tracking program to identify employees with CTD or early symptoms of CTD and establish a program of transferring such employees in accordance with paragraphs b, c and d above to prevent successive or repeated repetitive motion injury to the same employees.
f. A comprehensive follow-up system will be implemented to monitor symptom progress of all transferred and/or treated workers.
g. The Company will consider development of a rehabilitation process for injured workers, utilizing in-plant and outside services.
h. Employees with diagnosed CTD will be referred to a doctor for appropriate medical attention and, if returned to work, will be assigned to a light duty job that will not exacerbate the problem.
1. The Company, with input from the Consultant, will by 01-26-89, establish a formal training program for new and reassigned workers which shall contain the following guidelines:
a. During the orientation and training for new employees, each new hire will receive a demonstration of knife and equipment utilization and hands on training including:
Care of the knife Hazards of improper knife handling Knife sharpening Types of knives Tools and devices associated with individual Work duties.
In addition to knife safety, new hires shall be familiarized with applicable safety procedures including glove and equipment rules, as well as the causes and prevention of CTD.
b. Following the orientation and training period, the new or reassigned employee shall be assigned to work with a skilled fellow employee who will provide on-the-job training. They will work with a trainer until the management support trainer determines the new hire, or reassigned employee, is proficient enough to pull full count. A minimum number of trainers shall be excluded from pulling full count.
c. The minimum number of trainers assigned to the three (3) divisions at Dakota City that are excluded from the count is as follows:
TRAINERS PROCESSING EXTENSION SLAUGHTER
Mgt. Support 7 3 2
Hourly 12 4 2
d. The emphasis will be on employees developing a safe and efficient technique before they are expected to pull count.
e. A knife care class will be offered at least once a week for any employee who requests additional training.
f. Those employees who have not received knife training and are assigned or bid to a knife job will attend the knife training program prior to beginning the job.
g. The Company shall develop and experiment with orientation training tables at Dakota City.
The Program outlined in Section II for the Dakota City plant is anticipated to be a pilot program for the testing of systems and procedures that may be used as model programs throughout the meat packing industry. The Company will, on a good faith basis, utilize the procedures outlined in the OSHA's Findings and Recommendations section of Section II for the design and implementation of programs for all IBP locations. The Company will implement all feasible engineering and administrative control recommendations identified by the procedures within three (3) years from the date of this agreement.
1. Within thirty (30) days after a final order is entered, OSHA will be provided with an outline setting forth the various phases of this agreement, including company-wide abatement, and a brief description of each phase along with estimated completion dates of each phase. OSHA Area Offices having jurisdiction over Company plants shall further be provided with written interim quarterly reports setting forth the progress of the various phases and any final results, conclusions or opinions which have been reached at the time of said interim reports for each respective plant. Should the Company determine that any controls identified under the terms of this Agreement are not to be implemented, it shall notify OSHA in the next scheduled quarterly report and provide the basis for that determination. OSHA specifically reserves the right to disagree with any such determination and to inform the Company that such controls are necessary and appropriate.
Respondent shall provide OSHA and the UFCW with complete copies of all ergonomic reports relating to Dakota City.
2. A final report will be prepared by the Company that provides the conclusions reached as a result of this testing and evaluation. All work done and all data generated from this study will be made available upon request. This report will be provided OSHA and the applicable union (if any) as soon as possible, but no later than three (3) years from the date of this settlement.
The Company agrees to abate all safety and health items listed in the OSHA citations other than the ergonomic items and other than Item Numbers: 6b, 6d, 9b, 9c in the Safety Citation, and Item Number 1 in the Noise Citation, within sixty (60 execution of this agreement. A schedule for abatement will be provided to the Secretary of Labor within thirty (30) days. The five items listed above shall remain under contest before the Review Commission. The ergonomics items will be abated in accordance with this Agreement.
This Agreement, statements and actions taken herein shall not be used in any litigation and shall not be admitted in evidence in any proceedings other than a matter originating under the Occupational Safety and Health Act.
The Company agrees to allow OSHA access to all of its facilities to determine compliance with this Agreement and to conduct compliance inspections under the Occupational Safety and Health Act. OSHA agrees that, assuming implementation of this agreement by IBP, it shall not conduct inspections as to ergonomics issues covered by this agreement at IBP locations, except that OSHA shall conduct monitoring inspections to determine compliance with this agreement.
1. If the Company needs additional time to complete any of the actions required under this settlement agreement, it shall submit a written request for an extension of time to the appropriate Area Director no later than the close of the next working day following the date by which the action was required to have been completed. If the time limitation is one which affects more than one area, the report shall be submitted to the Omaha Area Director. 2. Such a written request for an extension of time shall address the following items:
a. All steps related to the required action taken by the Company and the dates of such steps during the prescribed period.
b. The specific additional estimated time needed to complete the required action.
c. The reasons why such additional time is necessary, including a detailed discussion of unanticipated problems.
d. Written Certification that a copy of the request has been posted or provided to an authorized employee representation in plants where employees are represented.
3. The Area Director may decide to conduct a monitoring inspection to verify the need for additional time.
This agreement shall be in effect for a period of three (3) years from the date of signature The agreement shall remain in effect thereafter unless and until either the Company or OSHA gives the other parties sixty (60) days notice that the agreement is cancelled.
AGREED TO:
For the Department For IBP, Inc.
of Labor:
John A. Pendergrass Maurice L. McGill
Assistant Secretary Executive Vice President
Occupational Safety IBP, Inc.
and Health Administration Highway 35 North
U.S. Dept. of Labor Dakota City, NE 68731
200 Constitution Ave., N.W.
Washington, DC 20210
Date: 11/23/88 Date: 11/23/88
For United Food and Commercial
Workers Union, Local 222
William J. Schmitz
Chief Executive Officer
3038 South Lakeport Road
Sioux City, Iowa 51106
Date: 11/23/88
1. The parties of this agreement are IBP, Inc. (the Company) and UFCW International Union and UFCW Local 222 (the Unions).
2. The purpose of this agreement is to implement bilateral procedures to facilitate the parties' cooperative efforts with respect to the IBP Health and Safety Agreement, which is attached as an appendix hereto.
3. The Company recognizes that worker involvement is crucial to the success of any ergonomics program. The following will be established and used in coordination with the Consultant at Dakota City:
a. The Union will designate up to fifteen (15) individuals as "Ergonomic Monitors" (EM)
b. Each initial EM will be provided one (1) week of in-depth training by the Consultant within ninety (90) days of designation. Training of replacement EM's will be completed as soon as practicable after appointment. The training will be designed to assist these monitors in developing the skills to identify and analyze jobs for ergonomic stress and to be able to recommend solutions.
c. The EM's will be expected to identify, for the Consultant and the Plant Ergonomics Committee, potential ergonomic problem areas and potential solutions. The EM's will conduct surveys of their work area, using on-site inspections, to spot problem areas and offer potential solutions. Such inspection shall occur monthly and will not exceed one (1) hour of paid time.
d. The Company will assure that all current and new employees will be given the name and function of the EM's.
e. All employees will be instructed on how to contact these monitors and/or Safety Committee members for when a problem arises.
f. In the event of on-line testing recommended by the Consultant, the appropriate EM will be consulted in advance of any testing.
g. For the first year of this agreement, the EM's will meet with the EC monthly.
4. A plant-wide ergonomics committee (EC) will be formed within thirty (30) days of this agreement. It will be comprised of plant engineers, medical personnel, safety director and an equal number of representation persons chosen by the Union.
a. The EC will meet with the Consultant and OSHA to familiarize themselves with the OSHA inspection results within the first thirty (30) days after retention.
b. The EC will hold meetings once a month to review program progress. It will be responsible for prioritizing problem areas for study by the Consultant and the Company.
c. The Company will provide the committee with a list of newly hired employees in slaughter, processing and extension. The Company will make available to the committee all available information concerning new hire training, bidding and the ergonomics program.
d. The Company will provide the committee with a copy of the plant OSHA 200 Logs monthly.
e. The EC will examine the quality of the knives and the knife sharpening system.
f. The EC will monitor progress of the medical management program implemented in accordance with the IBP Health and Safety Agreement.
5. The Company shall install the following procedures at its. Dakota City plant immediately and will assure that this policy is communicated to all employees.
a. All imminent danger safety hazards will be reported immediately to the Area Supervisor and, if available, a Safety Committee member. If the hazard does not receive immediate attention, the originator may immediately notify a Union Steward who may present the matter to the Personnel Manager. If the matter is not immediately remedied, the Steward may immediately present it to the local Union President, or his designee, and the Plant Manager, and the issue will be resolved.
b. An imminent danger safety hazard is defined as a situation that if not immediately Addressed can be expected to cause death or serious physical harm.
c. Other safety hazards will be reported to the Area Supervisor or a Safety Committee member. If they are not addressed within twenty-four (24) hours, a written reason will be submitted to the originator of the complaint, the Plant Safety Director and the Union President or his designee.
6. This agreement shall be considered an addendum to the collective bargaining agreement between the parties, and subject to the grievance and arbitration procedures of that agreement.
7. The Company agrees not to implement any recommendation regarding the reduction of ergonomic stress that is contrary to the terms of collective bargaining agreement between the parties, unless the Union expressly agrees to modify or amend the contract so as to permit implementation of the proposed controls or recommendations.
8. This agreement shall become effective upon execution by the parties.