_________________________________________ ) ANN McLAUGHLIN, ) SECRETARY OF LABOR ) UNITED STATES DEPARTMENT OF LABOR, ) ) Successor Complainant ) ) v. ) OSHRC DOCKET NO. 87-179 ) BROWN AND ROOT, INC. ) Sohio Alliance Refinery, ) ) Respondent. ) _________________________________________)
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 ("Commission"). The parties hereby agree as follows:
The Commission has jurisdiction of this matter pursuant to section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. 651, et seq. (hereinafter "OSHA" or "Act").
(a) Respondent is a corporation organized under the laws of the State of Delaware and doing business as Brown & Root, Inc., with its principal office and place of business located at 4100 Clinton, Houston, Texas. Respondent is an engineering firm presently under contract to the Standard Oil Company of Ohio, Inc. (Sohio) to provide engineering maintenance services under this contract, the respondent's workplace is the Sohio Alliance Refinery in Belle Chasse, Louisiana. Respondent, therefore, is engaged in a business affecting commerce and is an employer within the meaning of sections 3(3) and 3(5) of the Act, 29 U.S.C. 652(3) and (5) (1982), and is subject to the requirements of OSHA.
(b) On January 28, 1987, as a result of an inspection by authorized representatives of the Department of Labor ("Department"), the Department cited respondent for violations (items 1(a) through 1(t)) of OSHA's recordkeeping requirements, 29 U.S.C. 651, et seq., at its Sohio Alliance Refinery in Belle Chasse, Louisiana. The respondent contested the Citation and proposed penalties, and the Department duly forwarded that notice of contest to the commission.
(a) The complainant amends the Citation as follows:
(1) The total proposed penalty for the Citation (items 1(a) through 1(t)) is amended to provide a total penalty of $20,000.00;
(2) The violations are reclassified as violations of Section 17 of the Act, 29 U.S.C. 666.
(b) Respondent agrees to correct the above-noted violations at its Sohio Alliance Refinery worksite. Respondent similarly agrees that it will review its recordkeeping practices at all of its worksites covered by the Act as set forth in section 4(a) of the Act and assure that its records, going back to January 1, 1985, are in compliance with the Act, the regulations at 29 C.F.R. Part 1904, the OSHA 200 Log, and the Revised BLS Recordkeeping Guidelines for Occupational Injuries and Illnesses, effective April 1986. Complainant agrees that, during this review period and for any item placed appropriately on the OSHA Form No. 200 Log in compliance with this paragraph either during or prior to this review, respondent Brown and Root will not be cited for allegedly failing to comply with the Act's recordkeeping requirements.
(c) Respondent agrees to hereafter maintain its injury and illness records nationwide in accordance with the Act, the regulations at 29 C.F.R. part 1904, the OSHA Form No. 200 Log, the revised BLS Recordkeeping Guidelines for Occupational Injuries and Illness, effective April 1986, and as they may from time to time be revised.
(d) Respondent agrees to provide the Secretary with a report indicating all programmatic changes instituted corporate-wide and at individual worksites to implement paragraphs (b) and (c) of this section. The report shall include all written and other material disseminated by the respondent or any agent thereof intended to provide instruction or guidance to its worksite recordkeepers and safety personnel in their recordkeeping responsibilities under the Act.
(e) Respondent agrees that the actions noted in Section IV(c) and (d), will be entirely accomplished within six (6) months of the date of execution of this agreement by the parties. In the event the parties do not execute the agreement on the same day, the day of the last signature controls initiation of the six month period. Respondent agrees to withdraw its notice of contest to the citation and penalties as amended in paragraph (a) of this section and to pay to the Department the amount of $20,000 within two (2) weeks of execution of this agreement.
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 Department and Respondent and to resolve differences regarding compliance with the Act. It is understood and agreed that this stipulation and settlement agreement will constitute a final order of the Commission for purposes of the Act.
Respondent certifies that he will make service of the settlement agreement on affected employees in accordance with Commission Rule 7, 29 C.F.R. 2200.7.
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 foregoing conditions this matter docketed before the Commission as Docket No. 87-179 is hereby settled.
FOR COMPLAINANT: FOR RESPONDENT: GEORGE R. SALES Solicitor of Labor CYNTHIA L. ATTWOOD BART N. SISK DAVID B. FELDMAN Kullman, Inman, Bee & Downing Associate Solicitors. A Professional Corporation Post Office Box 60118 New Orleans, Louisiana 70160 Telephone: (504) 524-4162 DALY D. TEMCHINE Deputy Associate Solicitor COUNSEL FOR RESPONDENT BROWN & ROOT, INC. WILLIE N. ALEXANDER BRENDA J. STOVALL Attorneys U.S. DEPARTMENT OF LABOR 200 Constitution Avenue, N.W. Washington, D.C. 20037 12-21-87 12-29-87 Date Date