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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.
WILLIAM E. BROCK, Secretary of Labor,  )
                                       )       OSHRC DOCKET NO.
    United States Department of Labor, )
                                       )       87-0591
                     Complainant,      )
                v.                     )      REGION IV
    FOSTER & COOPER, INC.,             )     STIPULATION
                     Respondent.       )   AND JOINT MOTION
The parties stipulate and agree as follows:

1. The instant citations result from an investigation of trenching work performed at Wallace Road, Lake Lanier Islands on January 30, 1987 and February 3, 1987, by R. J. Davis Contracting Company of behalf of Newell Contracting, Inc. The General Contractor for that job site was Foster & Cooper, Inc., the respondent herein.

2a. Complainant hereby amends Items 1b, 2b, 3, 4a, 4b, 5a and 5b of Citation No. 2 issued June 4, 1987, to reclassify the violations alleged therein as serious.

2b. Complainant hereby amends his Notifications of Penalty for violations alleged in the Citations issued June 4, 1987, so that they are as follows:

    CITATION NO.            ITEMS NO.            PROPOSED PENALTY
        1                       1                    $1,000
        1                       2(a) and (b)         $1,000
        2                       1(a) and 2(a)        $10,000
        2                       1(b)                 $1,000
        2                       2(b)                 $1,000
        2                       3(a)                 $9,000
        2                       3(b)                 $1,000
        2                       4(a)                 $1,000
        2                       4(b)                 $1,000
        2                       5(a)                 $1,000
        2                       5(b)                 $1,000

3a. Respondent represents that all violations alleged in the Citations and Notifications of Penalty issued on June 4, 1987, have been and will remain abated. 3b. For all purposes other than actions arising directly under the Occupational Safety and Health Act of 1970 (the "Act"), respondent denies any violation of the Act.

4. Respondent hereby withdraws the Notice of Contest as to such Citations and Notifications of Penalty. Respondent states that this withdrawal was not induced by a promise of any other party hereto except as may appear herein.

5. Respondent represents that:

A. It has hired a safety engineer with full responsibility for all safety activities of the Company and full authority to implement and monitor the Company's safety program. The Company has hired Mr. Bert Streater to fill this position as of July 17, 1987. Attached as Exhibit Nos. 1 and 2, respectively, are the announcement of the appointment of Mr. Streater and a job description of his duties as the Company's safety engineer.

B. It has implemented a safety program based upon the model program developed by Mr. Cooper in conjunction with the Association of General Contractors. Enclosed as Exhibit Nos. 3 and 4, respectively, are the Company's safety manual and the job and safety rules manual which have been distributed to all Company employees. These manuals will form the fundamental basis of the Company's new safety program.

C. It will provide all employees training through regular safety meetings, which will include training concerning the requirements of 29 C.F.R. 1926.650 through 1926.653.

D. It will provide refresher safety training sessions on a monthly basis to all employees and will keep attendance records of these sessions. The company already has arranged with the Red Cross to provide CPR and first-aid training to management and other personnel. The Company will submit minutes and attendance records to the OSHA Area Office for one year following settlement of this case.

E. The Company will provide all newly-hired employees with a basic safety training course and will provide the OSHA Area Office with a copy of attendance records of these sessions for one year following settlement of the pending citations.

F. Prior to the beginning of any construction project where Foster & Cooper is the general contractor, the Company will conduct a safety meeting with all subcontractors on that project and inform them of the Foster & Cooper safety program. The Company will provide the OSHA Area Office with minutes and attendance records of all such meetings for one year following settlement of the pending citations.

G. The Company will implement a program of regular written site inspections for compliance with OSHA standards. The inspections shall be conducted by the Company's safety engineer or his designee with responsibility and authority to correct unsafe conditions. The Company will submit these reports in SUMMARY form on a quarterly basis to the OSHA Area Office for one year following settlement of this case.

6. Respondent will pay the penalty, as amended, in the total amount of $28,000 by paying $4,000 immediately and the remainder in six equal monthly installments of $4,000 each beginning February 1, 1988. The total penalty will be paid no later than July 1, 1988.

7. Affected employees herein are not represented by a certified bargaining representative.

8. Each party hereby agrees to bear its own fees (including attorney fees) and other expenses incurred by such party in connection with any stage of this proceeding.

9. Respondent certifies that on December 25, 1987 notice of the foregoing was given to employees by posting a true copy (as executed by respondent) of this Stipulation, in accordance with Commission's Rule 7(g) [29 C.F.R. 2200.7(g)].

Accordingly, the parties jointly move the Commission for an Order appropriate for final disposition of this matter. This 28th day of December, 1987.

FOSTER & COOPER, INC.                         GEORGE R.  SALEM
                                              Solicitor of Labor
                                              BOBBYE D. SPEARS
                                              Regional Solicitor

By:                                           JAMES L.  STINE
BENTON J. MATHIS,  JR.                        Attorney

                                               STEPHEN J. SIMKO JR.

                                               Attorneys  for  the
                                               Secretary of Labor,
                                               United States
                                               Department of Labor.

         SOL Case No.  87-09019