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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.
SECRETARY OF LABOR,                      )
                       Complainant,      )          OSHRC DOCKET
                                         )           NO. 87-0779
            v.                           )
CONOCO, INC.                             )
                       Respondent.       )
UNION, AFL-CIO,                          )
                      Authorized Employee)
                      Representative.    )




Based upon the following recital, the complainant, Secretary of Labor, and the respondent, Conoco, Inc., herein agree to the following as a conclusion of this matter:

l. The Secretary hereby amends the proposed penalty To each instance of violation alleged in citation number 11 to be $1,562.50 to reflect a total penalty of $25,000.

2. The respondent herein withdraws its notices of contest as to the citations and proposed penalties as amended and agrees to pay to the United States Department of Labor, OSHA, the sum of $25,000. 3. Respondent affirmatively states that: a. All violations alleged in the citations have been abated. b. It will comply in the future with the Occupational Safe and Health Act.

c.(1) It has already undertaken a review of its recordkeeping practices with respect to its operations conducting business under the names of Conoco, Inc. at all geographic locations covered by the Act as set forth in Section 4(a) of the Act. Respondent agrees it will assure that its records, going back to January 1, 1985, at such locations 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 Illness, effective April, 1986.

(2) Respondent agrees to hereafter maintain its injury and illness records nationwide at all operations conducting business under the names Conoco, Inc. 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 may from time to time be revised.

(3) Respondent agrees to provide the Secretary with a report indicating all programmatic changes instituted corporate wide and/or at individual sites to implement paragraphs 4.(c)(1) and (2). 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 site recordkeepers and safety personnel in their recordkeeping responsibilities under the Act.

(4) Respondent agrees that the actions noted in section (c)(1) and (3), will be entirely accomplished within six months of the date of execution of this agreement by the parties as to all sites owned by respondent as of January 1, 1986, and within twelve months as to those sites acquired by respondent between January 1, 1986 and the date of this agreement. Respondent avers that it is presently fulfilling its OSHA recordkeeping responsibilities in accord with said provision.

4. 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. Nothing in this paragraph shall be construed as preventing the introduction of this agreement into evidence in proceedings brought under the Act by the Secretary of Labor.

5. Respondent certified that on _________________, this stipulation will be posted where affected employees may see it and a copy has been served on Dan Edwards, International Representative, Oil, Chemical & Atomic Workers Union, P.O. Box 21635, Billings, Montana 59104, by prepaid mail.

6. It will pay the amended proposed penalty of $25,000 by forwarding a check made payable to OSHA-Labor to counsel for the complainant at the time of signing this agreement.

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

Dated this 9th day of December, 1987.

                                   George R. Salem
                                   Solicitor of Labor

Veeder, Broeder &                  Tedrick A. Housh, Jr.
   Michelotti, P.C.                Regional Solicitor

By  /S/
   David  A. Veeder                H. Alice Jacks
   Suite 805, First Bank Bldg.     Attorney
   Billings  Montana  50101        911 Walnut St.  Rm. 2106
   (406) 248-9156                  Kansas City, Mo. 64106
                                   (816)  374-6441

Attorneys for Respondent           Attorneys for
                                   Secretary of Labor,
                                   U.S. Department of Labor










The attached stipulation and settlement agreement has been executed by the parties hereto, and has been submitted to the Occupational Safety and Health Review Commission for entry as a final order. If you have any comments on the stipulation and settlement agreement, you may submit them within ten days of service or posting of the stipulation to:

            Judge R. M. Child
            Occupational Safety and Health
             Review Commission
            Suite 1718, Prudential Plaza
            1050 Seventeenth Street
            Denver, Colorado 80265

      A copy of such comments should also be sent to:

            Tedrick A. Housh, Jr.
            Regional Solicitor
            U.S. Department of Labor
            911 Walnut Street, Room 2106
            Kansas City, Missouri 64106

      Served and/or posted this________day of________________1987.