Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

 

UNITED STATES OF AMERICA

 

 

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

 

______________________________________
SECRETARY OF LABOR,                   )
United States Department of Labor,    )
                                      )
     Complainant,                     )
                                      )
         v.                           )     DOCKET NO. 87-1985
                                      )
BATH IRON WORKS CORPORATION,          )
                                      )
     Respondent.                      )
______________________________________)
SETTLEMENT AGREEMENT

Complainant, Respondent, and the authorized Employee Representatives have agreed to compromise and settle the issues raised in this proceeding in order to avoid further litigation. The parties hereby stipulate and agree that:

1. Complainant hereby moves to amend her Complaint as follows:

(a) Amend the total proposed penalties for all items herein at issue to $580,000.

(b) Amend the classification of Exhibit B (Citation No. 2) from an allegation of "willful" violation to a violation of "Section 17(a) of the Act."

(c) Vacate the following items and subitems listed in Appendix A.

2. In view of the aforesaid, Respondent hereby withdraws its Notice of Contest and the parties agree that the citations and proposed penalties, as amended by this Agreement, shall be affirmed and become the final order of the Occupational Safety and Health Review Commission.

3. Payment of $580,000, which will constitute payment in full of all penalties proposed in this proceeding, shall be delivered to the United States Department of Labor no later than January 2, 1989 or upon notice that the terms of this Agreement have been approved by the Commission and incorporated into a final order disposing of this proceeding in accordance herewith, whichever occurs later.

4. Respondent agrees to abate the cited conditions, listed on Appendix B attached hereto, no later than April 1, 1989, subject to the timely exercise by Respondent of its right to Petition for Modification of Abatement and/or to apply for variances as allowed by the Act.

5. Respondent represents that all other cited violations have been abated.

6. The parties have entered into this settlement as a compromise. It is intended to avoid the expense of litigating all of the issues arising from the inspection and issuance of citations It has been entered into largely without regard to the possible outcome of litigation on many individual issues. In order to secure the compromise and avoid so far as possible further litigation it is agreed that:

(a) Respondent's acceptance of the citation respecting any individual item shall not be relied upon as a basis for subsequent issuance of willful-designated citations except to prove knowledge of a particular standard, or that respondent had been previously cited for a violation of the standard.

(b) Neither this Agreement, nor any statement, commitment, or position taken by any party hereto shall prejudice that party's right to take a different position in connection with future proceedings, if any, initiated under the Act.

(c) Neither this Agreement, nor any statement, commitment or position taken by any party shall be deemed an admission of law or fact to be used against that party in any proceeding before any Court or administrative agency initiated under any other law or regulation, other than the Occupational Safety and Health Act of 1970.

7. Respondent, by entering into this Agreement, does not admit any wrongdoing or violations of the Occupational Safety and Health Act, or any regulation or standard issued pursuant thereto, including, but not limited to, 29 C.F.R. 1904 et seq., the OSHA 200 Log and the instructions contained thereon, and the applicable BLS Guidelines as interpreted by courts of competent jurisdiction.

8. In entering into this Agreement, Respondent states that the alleged violations contained in the Complaint and Citation were not intentional, knowing, or a voluntary disregard for the requirement of the Occupational Safety and Health Act, its standards, regulations, or guidelines. Respondent maintains that it has not acted unreasonably nor has it acted in any way other than in good faith with respect to the recording of its injuries and illnesses.

9. Bath Iron Works voluntarily and outside the scope of any abatement obligation agrees to implement a self-audit program at its locations in West Bath (Hardings), Bath, and Portland, Maine. This audit will, in addition, include all other conditions covered under the OSHA Standards or Section 5(a)(1) of the Act. This audit program shall be completed by March 1, 1989, at which time Bath Iron Works will inform OSHA of its findings and proposed corrective schedule.

10. In entering into this Agreements Respondent represents that it has voluntarily implemented policies, practices, and procedures relating to the issues listed below not only at its bath facility, but also at its Harding and Portland facilities and believes its procedures and programs are in substantial compliance with OSHA Standards. With respect to the areas listed, the compliance date for purposes of this Agreement, Respondent will provide copies of its primary pertinent written policies relating to the above issues and any revisions thereto to the Area Director.

         Recordkeeping - complete restructuring.

         Fall protection - manila to wire rope,
                           deck openings and deck edges,
                           elevated floors and work platforms,
                           staging,
                           areas where safety belts are needed,
                           condo lifts, staging and cranes.

         Handling and use of flammables.

         Eye and body wash facilities.

         Emergency response capability - first aid, rescue
                                         and fire safety.

         Maintenance and operation of powered industrial trucks.

         Machine guarding - mechanical power transmission,
                            point of operation,
                            cranes, saws
                            grinders - pedestal and bench.

         Flashback protection in an extensive fuel gas delivery
         and utilization system

         Construction and use of portable ladders.

         Complete restructuring and implementation of non-ionizing
         radiation policy.

         Developed and implemented confined space entry program.

         All required medical surveillance programs are in place.

         Developed and distributed a supervisor safety and health
         manual and workbook as a training tool.
         Developed and implemented a mobile equipment operators
         licensing and certification program.
         Upgrading of the asbestos program to come into full
         compliance with OSHA Standards.

         Upgrading of the respiratory protection program to come
         into full compliance with OSHA Standards.

         Consolidation of the safety programs, medical programs, and
         industrial hygiene programs.

         Lead.

11. In general, corrective action as to all hazards not covered under paragraph 10, above, will be completed as soon as practicable, but no later than October 15, 1989. Bath Iron Works will provide written justification as to any correction dates requested beyond October 15, 1989. The parties will confer with the intent of achieving agreement on all requests as to dates beyond October 15, 1989, and on such reasonable extensions as may be requested.

12. During the period prior to those dates set forth above, or prior to any mutually agreed upon dates beyond such dates, OSHA agrees not to cite Bath Iron Works for any of the conditions identified and being reasonably addressed (including correction if necessary) as part of the audit program.

13. During the period subsequent to those dates set forth above, and subsequent to any mutually agreed upon dates beyond such dates, OSHA may issue citations under normal criteria, and the parties hereby contemplate that the Review Commission, its Judges, and any reviewing courts, will accept and consider evidence of respondent's correction efforts in passing on the reasonableness of any citation, proposed penalty, or abatement date.

14. On or before January 1, 1989, respondent will present a plan of compliance for major capital electrical projects relating to its facilities. This plan shall include scheduled milestones and provide for monitoring and reports of the progress toward completion on a quarterly basis. It is agreed that all items and projects enumerated in Respondent's plan will be completed within 24 months of the date herein. Should additional projects arise or in the event of unforseen scheduling problems, the parties agree that they will confer with the intent of achieving agreement of any requests for extensions.

Notwithstanding the provision of this paragraph, Respondent agrees that it will immediately abate any hazardous electrical conditions arising during the time of these projects. 15. Respondent further agrees that it will:

(a) Keep records of each plant's audit program as well as of the implementation of corrective action.

(b) Require no warrants for entry by OSHA for the purpose of monitoring compliance with this Agreement, nor for access to records maintained pursuant to this Agreement.

(c) Permit reasonable monitoring inspections by OSHA

(d) Maintain communication with the employees about the progress of the self-audit program in their plant.

16. OSHA agrees that assuming good faith implementation of this Agreement by Bath Iron Works, it will not conduct a general schedule inspection of the areas covered by Bath Iron Works' audit program in the facilities identified herein prior to October 15, 1989. OSHA will continue to conduct complaint, fatality, referral, and catastrophe inspections, as well as follow-up inspection thereto. Further, prior to October 15, 1989, OSHA's response to informal employee complaints involving the above facilities shall be to contact the Director of Safety to determine: (a) whether the condition complained of exists or existed as alleged; and (b), if so, whether the condition is being or will be addressed as part of that facility's activities pursuant to this Agreement. If the condition is being or will be addressed pursuant to this Agreement, the complaining party shall be so informed, no complaint inspection will take place, and the complaint inspection will be ended.

17. Bath Iron Works represents that its safety program incorporates and maintains the following concepts and principals:

(a) evaluation of line managers and supervisors based on safety and health criteria;

(b) presence of a baseline industrial hygiene survey with a written report or system of process review;

(c) routine self-inspections with written reports and hazard correction tracking;

(d) routine hazard reviews such as process reviews or job safety analysis;

(e) industrial hygiene monitoring and sampling, with laboratory analysis planned and implemented where necessary;

(f) reliable system for employees to notify management about hazards;

(g) accident investigation system with written reports and hazard correction tracking;

(h) safety planning integrated with overall management planning;

(i) safety and health rules written and enforced, through discipline where necessary;

(j) written emergency procedures;

(k) safety and health training for employees and supervisors;

(l) employee participation in safety and health program in a manner that has a demonstrable impact on decision making.

Bath Iron Works agrees to provide, no later than January 1, 1989, a letter describing the methods by which its program complies with said concepts and principals. The parties mutually agree to continue discussions on any issues remaining unresolved after receipt of said letter.

18. Each party hereby agrees to bear its own fees and other expenses incurred by such party in connection with any state of this proceeding.

                                      Dated:  October 27, 1988

                                      George R. Salem
BATH IRON WORKS CORPORATION           Solicitor of Labor

By _______________________
                                       ______________
                                       Albert H. Ross
__________________________________     Regional Solicitor
Authorized Employee Representative
                                       John S. Casler
__________________________________     Attorney
Authorized Employee Representative


                      UNITED STATES OF AMERICA
          OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION


                                             Docket No. 87-1985
                                                        87-1986
______________________________
                              )
SECRETARY OF LABOR            )         REGION I
                              )
         V.                   )
                              )
BATH IRON WORKS CORPORATION   )
______________________________)


                            UNITED STATES OF AMERICA
                 OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

                                             Docket No. 87-1985
                                                        87-1986
______________________________
                              )
SECRETARY OF LABOR            )         REGION I
                              )
         V.                   )
                              )
BATH IRON WORKS CORPORATION   )
______________________________)

Complainant, Respondent and the Authorized Employee Representative hereby stipulate and agree as follows:

1. Bath Iron Works Corporation agrees to abate the conditions and citations appended hereto as Exhibit A and incorporated herein by reference no later than April 1, 1989, subject to the timely exercise by Respondent of its right to Petition for Modification of Abatement and/or to apply for variances as allowed by the Act.

Dated:

                                _______________________

                                _______________________
                                September 28, 1988

John S. Casler, Esquire
Office of the Regional Solicitor
Department of Labor
Room 1805
JFK Federal Building

 

Re: Secretary of Labor v. Bath Iron Works Corporation

 

Dear John:

I enclose a list of items by citation number which have not been abated or were the subject of our discussion several weeks ago. The items of discussion are annotated as such. This list could be included in any settlement agreement as items that remain to be abated within a specified period of time. I anxiously and eagerly await to hear from you concerning the actual settlement agreement. In the meantime, you should know that we are meeting with the Governor's office next Monday on the VTI issue. Best regards.

Very truly yours,

Mark L. Haley

MLH/slc Enclosure

 

 

 

 

                     UNITED STATES OF AMERICA
           OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
____________________________________
SECRETARY OF LABOR, United States   )
 Department of Labor,               )
                                    )
                    Complainant,    )
                                    )   DOCKET NO. 87-1985
          v.                        )
                                    )
BATH IRON WORKS CORPORATION,        )
                                    )
                    Respondent.     )
____________________________________)


                           APPENDIX A

Delete Serious Citation 1, Item 33a - Instance a, delete the
       reference to "two" saws, only "one" exists.

Delete Willful Citation 2, Item 4e - all.

Delete Willful Citation 2, Item 20a, Instance a.

Delete Willful Citation 2, Item 30d, Instances c to l.

Delete Other Citation 4, Item 31, Instance b.

Delete Other Citation 4, Item 48.




                     UNITED STATES OF AMERICA
           OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
____________________________________
                                    )
SECRETARY OF LABOR, United States   )
 Department of Labor,               )
                                    )
                    Complainant,    )   DOCKET NO. 87-1985
                                    )
          v.                        )   REGION I
                                    )
BATH IRON WORKS CORPORATION,        )
                                    )
                    Respondent.     )
____________________________________)


                               ORDER

    This case has been assigned to this Judge for disposition.

    The Settlement Agreement is approved in its entirety.

    SO ORDERED.


                                             ____________________
                                             Judge, OSHRC

Dated:____________________, 1988




U.S. Department of Labor

October 27, 1988

Honorable David G. Oringer
Occupational Safety and Health
 Review Commission
John W. McCormack Post Office and
 Courthouse Building
Room 420
Boston, Massachusetts  02109

Dear Judge Oringer:

Subject:  Secretary of Labor v. Bath Iron Works Corporation
          OSHRC Docket Nos. 87-1985, 87-1986

Enclosed herewith for filing are the originals of the Secretary's
Settlement Agreements in the above-entitled matters.

We have served the Respondent copies of the signed Settlement
Agreements on this date.

Sincerely,

Albert H. Ross
Regional Solicitor

By John S. Casler
Attorney

Enclosures

cc:  Area Director

CSHO:  C8705


                      UNITED STATES OF AMERICA
            OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

______________________________________
SECRETARY OF LABOR, United States     )
      Department of Labor,            )
                                      )
                     Complainant,     )     DOCKET NO. 87-1986
                                      )
              v.                      )
                                      )
BATH IRON WORKS CORPORATION,          )
                                      )
                     Respondent.      )
______________________________________)

 

 

 

 

APPENDIX A

Delete Serious Citation 1, Item 33a - Instance a, delete the reference to "two" saws, only "one" exists.

Delete Willful Citation 2, Item 4e - all.

Delete Willful Citation 2, Item 20a, Instance a.

Delete Willful Citation 2, Item 30d, Instances c to l.

Delete Other Citation 4, Item 31, Instance b.

Delete Other Citation 4, Item 48.




                     UNITED STATES OF AMERICA
           OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

____________________________________
SECRETARY OF LABOR, United States   )
 Department of Labor,               )
                                    )
                    Complainant,    )   DOCKET NO. 87-1985
                                    )
          v.                        )   REGION I
                                    )
BATH IRON WORKS CORPORATION,        )
                                    )
                    Respondent.     )
____________________________________)

                               ORDER

    This case has been assigned to this Judge for disposition.

    The Settlement Agreement is approved in its entirety.

    SO ORDERED.


                                             ____________________
                                             Judge, OSHRC

Dated:____________________, 1988



U.S. Department of Labor

October 27, 1988

Honorable David G. Oringer
Occupational Safety and Health
Review Commission
John W. McCormack Post Office and
Courthouse Building
Room 420
Boston, Massachusetts 02109

Dear Judge Oringer:

Subject: Secretary of Labor v. Bath Iron Works Corporation OSHRC Docket Nos. 87-1985, 87-1986

Enclosed herewith for filing are the originals of the Secretary's Settlement Agreements in the above-entitled matters.

We have served the Respondent copies of the signed Settlement Agreements on this date.

Sincerely,

Albert H. Ross Regional Solicitor
By John S. Casler Attorney

Enclosures

cc: Area Director

CSHO: C8705


                      UNITED STATES OF AMERICA
            OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

______________________________________
SECRETARY OF LABOR, United States     )
      Department of Labor,            )
                                      )
                     Complainant,     )     DOCKET NO. 87-1986
                                      )
              v.                      )
                                      )
BATH IRON WORKS CORPORATION,          )
                                      )
                     Respondent.      )
______________________________________)
SETTLEMENT AGREEMENT

Complainant, Respondent, and the authorized Employee Representatives have agreed to compromise and settle the issues raised in this proceeding in order to avoid further litigation. The parties hereby stipulate and agree that:

1. Complainant hereby moves to amend her Complaint as follows:

(a) Amend the total proposed penalties for all items herein at issue to $70,000.

(b) Amend the classification of Exhibit B (Citation No. 2) from an allegation of "willful" violation to a violation of "Section 17(a) of the Act."

2. In view of the aforesaid, Respondent hereby withdraws its Notice of Contest and the parties agree that the citations and proposed penalties, as amended by this Agreement, shall be affirmed and become the final order of the Occupational Safety and Health Review Commission.

3. Payment of $70,000, which will constitute payment in full of all penalties proposed in this proceeding, shall be delivered to the United States Department of Labor no later than January 2, 1989 or upon notice that the terms of this Agreement have been approved by the Commission and incorporated into a final order disposing of this proceeding in accordance herewith, whichever occurs later.

4. Respondent agrees to abate the cited conditions, listed on Appendix B attached hereto, no later than April 1, 1989, subject to the timely exercise by Respondent of its right to Petition for Modification of Abatement and/or to apply for variances as allowed by the Act.

5. Respondent represents that all other cited violations have been abated.

6. The parties have entered into this settlement as a compromise. It is intended to avoid the expense of litigating all of the issues arising from the inspection and issuance of citations It has been entered into largely without regard to the possible outcome of litigation on many individual issues. In order to secure the compromise and avoid so far as possible further litigation it is agreed that:

(a) Respondent's acceptance of the citation respecting any individual item shall not be relied upon as a basis for subsequent issuance of willful-designated citations except to prove knowledge of a particular standard, or that respondent had been previously cited for a violation of the standard.

(b) Neither this Agreement, nor any statement, commitment, or position taken by any party hereto shall prejudice that party's right to take a different position in connection with future proceedings, if any, initiated under the Act.

(c) Neither this Agreement, nor any statement, commitment or position taken by any party shall be deemed an admission of law or fact to be used against that party in any proceeding before any Court or administrative agency initiated under any other law or regulation, other than the Occupational Safety and Health Act of 1970.

7. Respondent, by entering into this Agreement, does not admit any wrongdoing or violations of the Occupational Safety and Health Act, or any regulation or standard issued pursuant thereto, including, but not limited to, 29 C.F.R. 1904 et seq., the OSHA 200 Log and the instructions contained thereon, and the applicable BLS Guidelines as interpreted by courts of competent jurisdiction.

8. In entering into this Agreement, Respondent states that the alleged violations contained in the Complaint and Citation were not intentional, knowing, or a voluntary disregard for the requirement of the Occupational Safety and Health Act, its standards, regulations, or guidelines. Respondent maintains that it has not acted unreasonably nor has it acted in any way other than in good faith with respect to the recording of its injuries and illnesses.

9. Bath Iron Works voluntarily and outside the scope of any abatement obligation agrees to implement a self-audit program at its locations in West Bath (Hardings), Bath, and Portland, Maine. This audit will, in addition, include all other conditions covered under the OSHA Standards or Section 5(a)(1) of the Act. This audit program shall be completed by March 1, 1989, at which time Bath Iron Works will inform OSHA of its findings and proposed corrective schedule.

10. In entering into this Agreement, Respondent represents that it has voluntarily implemented policies, practices, and procedures relating to the issues listed below not only at its bath facility, but also at its Harding and Portland facilities and believes its procedures and programs are in substantial compliance with OSHA Standards. With respect to the areas listed, the compliance date for purposes of this Agreement, Respondent will provide copies of its primary pertinent written policies relating to the above issues and any revisions thereto to the Area Director.

Recordkeeping - complete restructuring.

Fall protection - manila to wire rope,
                  deck openings and deck edges,
                  elevated floors and work platforms,
                  staging,
                  areas where safety belts are needed,
                  condo lifts, staging and cranes.

Handling and use of flammables.

Eye and body wash facilities.

Emergency response capability - first aid, rescue
                                and fire safety.

Maintenance and operation of powered industrial trucks.

Machine guarding - mechanical power transmission,
                   point of operation,
                   cranes, saws
                   grinders - pedestal and bench.

Flashback protection in an extensive fuel gas delivery and utilization system.

Construction and use of portable ladders.

Complete restructuring and implementation of non-ionizing radiation policy.

Developed and implemented confined space entry program.

All required medical surveillance programs are in place.

Developed and distributed a supervisor safety and health manual and workbook as a training tool.

Developed and implemented a mobile equipment operators licensing and certification program.

Upgrading of the asbestos program to come into full compliance with OSHA Standards.

Upgrading of the respiratory protection program to come into full compliance with OSHA Standards.

Consolidation of the safety programs, medical programs, and industrial hygiene programs.

Lead.

11. In general, corrective action as to all hazards not covered under paragraph 10, above, will be completed as soon as practicable, but no later than October 15, 1989. Bath Iron Works will provide written justification as to any correction dates requested beyond October 15, 1989. The parties will confer with the intent of achieving agreement on all requests as to dates beyond October 15, 1989, and on such reasonable extensions as may be requested.

12. During the period prior to those dates set forth above, or prior to any mutually agreed upon dates beyond such dates, OSHA agrees not to cite Bath Iron Works for any of the conditions identified and being reasonably addressed (including correction if necessary) as part of the audit program.

13. During the period subsequent to those dates set forth above, and subsequent to any mutually agreed upon dates beyond such dates, OSHA may issue citations under normal criteria, and the parties hereby contemplate that the Review Commission, its Judges, and any reviewing courts, will accept and consider evidence of respondent's correction efforts in passing on the reasonableness of any citation, proposed penalty, or abatement date.

14. On or before January 1, 1989, respondent will present a plan of compliance for major capital electrical projects relating to its facilities. This plan shall include scheduled milestones and provide for monitoring and reports of the progress toward completion on a quarterly basis. It is agreed that all items and projects enumerated in Respondent's plan will be completed within 24 months of the date herein. Should additional projects arise or in the event of unforseen scheduling problems, the parties agree that they will confer with the intent of achieving agreement of any requests for extensions.

Notwithstanding the provision of this paragraph, Respondent agrees that it will immediately abate any hazardous electrical conditions arising during the time of these projects. 15. Respondent further agrees that it will:

(a) Keep records of each plant's audit program as well as of the implementation of corrective action.

(b) Require no warrants for entry by OSHA for the purpose of monitoring compliance with this Agreement, nor for access to records maintained pursuant to this Agreement.

(c) Permit reasonable monitoring inspections by OSHA

(d) Maintain communication with the employees about the progress of the self-audit program in their plant.

16. OSHA agrees that assuming good faith implementation of this Agreement by Bath Iron Works, it will not conduct a general schedule inspection of the areas covered by Bath Iron Works' audit program in the facilities identified herein prior to October 15, 1989. OSHA will continue to conduct complaint, fatality, referral, and catastrophe inspections, as well as follow-up inspection thereto. Further, prior to October 15, 1989, OSHA's response to informal employee complaints involving the above facilities shall be to contact the Director of Safety to determine: (a) whether the condition complained of exists or existed as alleged; and (b), if so, whether the condition is being or will be addressed as part of that facility's activities pursuant to this Agreement. If the condition is being or will be addressed pursuant to this Agreement, the complaining party shall be so informed, no complaint inspection will take place, and the complaint inspection will be ended.

17. Bath Iron Works represents that its safety program incorporates and maintains the following concepts and principals:

(a) evaluation of line managers and supervisors based on safety and health criteria;

(b) presence of a baseline industrial hygiene survey with a written report or system of process review;

(c) routine self-inspections with written reports and hazard correction tracking;

(d) routine hazard reviews such as process reviews or job safety analysis;

(e) industrial hygiene monitoring and sampling, with laboratory analysis planned and implemented where necessary;

(f) reliable system for employees to notify management about hazards;

(g) accident investigation system with written reports and hazard correction tracking;

(h) safety planning integrated with overall management planning;

(i) safety and health rules written and enforced, through discipline where necessary;

(j) written emergency procedures;

(k) safety and health training for employees and supervisors;

(l) employee participation in safety and health program in a manner that has a demonstrable impact on decision making.

Bath Iron Works agrees to provide, no later than January 1, 1989, a letter describing the methods by which its program complies with said concepts and principals. The parties mutually agree to continue discussions on any issues remaining unresolved after receipt of said letter.

18. Each party hereby agrees to bear its own fees and other expenses incurred by such party in connection with any state of this proceeding.

                                      Dated:  October 27, 1988

                                      George R. Salem
BATH IRON WORKS CORPORATION           Solicitor of Labor


By _______________________
                                       ________________________
                                       Albert H. Ross
__________________________________     Regional Solicitor
Authorized Employee Representative
                                       _________________________
                                       John S. Casler
__________________________________     Attorney
Authorized Employee Representative
                                       _________________________
                                       Merle D. Hyman
                                       Attorney


                     UNITED STATES OF AMERICA
           OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

____________________________________
                                    )
SECRETARY OF LABOR, United States   )
 Department of Labor,               )
                                    )
                    Complainant,    )
                                    )   DOCKET NO. 87-1986
          v.                        )
                                    )   REGION I
BATH IRON WORKS CORPORATION,        )
                                    )
                    Respondent.     )
____________________________________)

                               ORDER

    This case has been assigned to this Judge for disposition.

    The Settlement Agreement is approved in its entirety.

    SO ORDERED.


                                             ____________________
                                             Judge, OSHRC

Dated:____________________, 1988

MEMORANDUM OF INTENT

The Central Maine Vocational Technical Institute (CMVTI) is in the process of developing an Occupational Health and Safety Training Resource Center to be located in Auburn, Maine. At the present time, the Trustees of the CMVTI System have appropriated and approved funds for start up costs of the Center for fiscal years 1989-90. The approved budget will appear in the Governor's budget for the next biennium.

BIW fully supports the development and maintenance of an educational facility relating to occupational safety and health in Maine. To this end, BIW has and will continue to seek legislative support of the program, and will also provide a substantial and meaningful financial contribution to the program. Further, BIW will provide assistance and support in the curriculum development toward an AA degree program in Occupational Health and Safety, provide assistance and support in the development of preparatory courses for certification programs in safety and industrial hygiene, provide adjunct teaching assistance from its staff in areas of safety and industrial hygiene, and provide assistance and support in providing internship programs for students in safety and health.

The company has and will continue to generate industrial support through the Maine Chamber of Commerce and Associated Industries of Maine, both financial and otherwise, toward the successful development and maintenance of the program.

On its part, the Occupational Safety and Health Administration will also support the development and maintenance of the program through its resources at the Area and Regional levels, as well as resources located at the OSHA Training Institute.

Dated  10-14-88
                                           Kevin Gildart
                                           Vice President, Human Resources