_________________________________________ WILLIAM E. BROCK, Secretary of Labor, ) United States Department of Labor, ) ) OSHRC Docket Complainant, ) ) NOS. 87-0005 & v. ) 87-0144 ) E.I. DuPONT DeNEMOURS & COMPANY, INC., ) ) Respondent. ) _________________________________________)
Based upon the following recital, the complainant and the Respondent herein agree to the following as a conclusion of this matter:
1) In Docket No. 87-0005, the Secretary hereby amends the proposed penalty and complaint, paragraph V(h), to reflect a proposed penalty of $8000; $2000 for which a penalty was proposed.
2) In Docket No. 87-0144, the Secretary hereby amends item 1(c) of citation one by deleting sub-item 5, which references a May 13, 1986 eye injury, and amends the proposed penalty to $1000 per item.
3) Based upon the above, the respondent herein withdraws its notices of contest as to the citations and proposed penalties as amended and agrees to pay to the U.S. Department of Labor the sums of $8100 in connection with Docket No. 87-0005 and $3000.
4) Respondent affirmatively states that: a) All violations alleged in the complaints, as amended, have abated.
b) It will comply in the comply in the future with the occupational Safety and Health Act.
c(1) It has already undertaken a review of its record keeping practices with respect to its operations conducting business under the names E.I. DuPont Company and Remington Arms Company 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 record, 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, the Revised BLS Recordkeeping Guidelines for Occupational Injuries and Illness effective April, 1986.
c(2) Respondent agrees to hereafter maintain its injury and illness records nationwide at all operations conducting business under the names E.I. DuPont de Nemours and Company, DuPont Company and Remington Arms Company in accord with the Act, the recordkeeping regulations at 28 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.
c(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 of any agent thereof intended to provide instruction or guidance to its site recordkeepers and safety personnel in their recordkeeping responsibilities under the Act.
c(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.
5) 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.
6) Respondent certifies that on July 24, 1987, this stipulation will be posted where affected employees may see it.
7) It will pay the amended proposed penalty of $8100 and $3000, by forwarding checks made payable to Occupational Safety and Health-Labor in those amounts to the Occupational Safety and Health Administration Offices located at 5260 Genesee Street, Bowmansville, New York 14026 and 2320 LaBranch Street, Room 1103, Houston, Texas 77004.
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.
DATED: July 20, 1987 New York, New York GEORGE R. SALEM Solicitor of Labor PATRICIA M. RODENHAUSEN Regional Solicitor BY: STEPHEN D. DUBNOFF Counsel for Occupational Safety & Health U.S. DEPARTMENT OF LABOR Attorneys for WILLIAM E. BROCK, Secretary of Labor E.I. Dupont DeNEMOURS & COMPANY, INC., BY: Hastings S. Trigg, Jr. Counsel Consented to by: FOR COMPLAINANT: FOR RESPONDENT: GEORGE R. SALEM Hastings S. Trigg, Jr., Counsel Solicitor of Labor Legal Department, M-3710 E. I. Du Pont de Nemours and PATRICIA M. RODENHAUSEN Company Regional Solicitor 1007 Market Street Wilmington, Delaware 19898 Dated: July 17, 1987 By: STEPHEN D. DUBNOFF Counsel for Occupational Safety and Health U. S. Department of Labor Attorneys for WILLIAM E. BROCK, Secretary of Labor Dated: July 20, 1987 SO ORDERED: Administrative Law Judge, Occupational Safety and Health Review Commission Date
I hereby certify that on July 17, 1987, I served a copy of the attached Stipulated Settlement on the Niagara Plant Employee Union, the authorized employee representative of certain employees at the Niagara Plant at the following address, 110 24th Street, Niagara Falls, NY 14203. This service was accomplished by mailing the Stipulated Settlement to the representative at this last known address by postage pre-paid first class mail.
Name: Hastings S. Trigg, Jr. Title: Counsel
I hereby certify that there is no authorized employee representative for the employee representative for the employees at the Beaumont Works affected by the action which is the subject of the attached Stipulated Settlement.
Name: Hastings S. Trigg, Jr. Title: Counsel ___________________________________________ WILLIAM E. BROCK, SECRETARY OF LABOR, ) ) Complainant, ) ) OSHRC DOCKET V. ) NOS. 87-0005 ) AND 87-0144 E. I. DUPONT DE NEMOURS AND COMPANY, INC., ) NIAGARA PLANT AND BEAUMONT WORKS ) ) Respondent. ) ___________________________________________)
More than ten (10) days having elapsed since service of the Stipulated Settlement by posting at Respondent's Niagara Plant and Beaumont Works on July 24, 1987 and by mailing a copy to the authorized employee representative at Respondent's Niagara Plant on July 17, 1987 and no objection to the time set for abatement having been filed by any employee or authorized representative of employees, all matters encompassed within OSHRC Docket Nos. 87-0005 and 87-0144 have become Final Orders of the Occupational Safety and Health Review Commission as per the terms of said Stipulated Settlement.