1. This agreement is entered into by the United States Department of Labor, Occupational Safety and Health Administration ("OSHA") and General Motors Corporation ("GM") in order to resolve differences regarding compliance with recordkeeping requirements of the Occupational Safety and Health Act of 1970 (the "Act"), and to prevent litigation and expense to both parties. GM does not admit any wrongdoing or violation of the Occupational Safety and Health Act, or any regulation or standard issued pursuant thereto.
2. OSHA has investigated GM's recordkeeping practices under the Act at four GM facilities. These investigations have resulted in the issuance of citations for violations of the recordkeeping provisions of the Act and its implementing regulations. These citations have issued at the following locations: GM-Oklahoma City Plant, Oklahoma City, Oklahoma; GM-Leeds Plant, Kansas City, Missouri; Delco Electronics, Oak Creek, Wisconsin; and Service Parts Operations, Martinsburg, West Virginia. Abatement shall consist of recording the injuries and illnesses listed on the citations.
3. GM agrees that it will review its recordkeeping practices at all geographic locations covered by the Act as set forth in Section 4(a) of the Act and assure that its records, going back to January 1, 1986, 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 Illnesses, effective April 1986. The parties agree that GM will have until October 27, 1988, to complete this review.
4. GM agrees to maintain its injury and illness records nationwide 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 Illnesses effective April 1986, and as they may from time to time be revised.
5. GM agrees to provide the Secretary with a report indicating the programmatic changes instituted to implement paragraphs 3 and 4. The report shall include the written and other materials disseminated by the corporation or any agent thereof intended to provide instruction or guidance to its plant recordkeepers and safety personnel in their recordkeeping responsibilities under the Act.
6. GM agrees not to file a notice of contest to the referenced citations and further agrees to pay a total penalty of $500,000.00. Payment shall be delivered to the U.S. Department of Labor no later than November 25, 1987.
7. OSHA agrees that it will not inspect nor issue citations for recordkeeping violations at any GM facility covered by this agreement until October 27, 1988. OSHA further agrees that additions and modifications to GM's records pursuant to its obligations under this agreement shall hereafter not be subject to citation. OSHA further agrees that any records kept or held prior to January 1, 1986, shall hereafter not be subject to citation.
8. The agreements, statements, and actions taken herein shall not be used in any litigation and shall not be admitted in evidence in any proceedings, other than a matter originating under the Occupational Safety and Health Act.
9. This agreement, together with the appropriate citations, shall be posted in accordance with the provisions of 29 CFR 1903.16.
GEORGE R. SALEM Solicitor of Labor U.S. Department of Labor FRANCIS S. JAWORSKI SUE ANN WOLFF Senior Counsel Senior Trial Attorney General Motors Corporation U.S. Department of Labor October 3, 1987 October 2, 1987 Date Date
Francis S. Jaworski
Office of General Counsel
General Motors Corporation
New Center One Building
3031 West Grand Blvd.
Detroit, Michigan 48232
Dear Mr. Jaworski:
This is in reference to the settlement we have reached today with your client regarding recordkeeping violations at four General Motors plants. This settlement is a Memorandum of Agreement with appropriate citations. In the course of our discussions leading to this agreement, we also came to the following understanding on four other subjects.
1. In addition to the agreed penalties, General Motors intends to Owundertake and fund an independent feasibility study investigating the causes of occupational injuries and illnesses incurred by GM employees. This feasibility study will be funded at a level up to $400,000.00.
2. The recent inspection of GM's Oklahoma City plant also dealt with ergonomics. OSHA will not issue citations regarding ergonomics because insufficient evidence exists as a result of this inspection to establish violations under the statutory scheme. OSHA reserves the right to re-inspect at this site at a later time regarding repetitive motion issues. There are no other OSHA repetitive motion (ergonomics) issues pending as of the date of this letter.
3. The Department of Labor will contact state plan designees in the States of Michigan, Indiana, Kentucky, Maryland, and Nevada to explain the substance of our recordkeeping agreement and to seek their concurrence in applying the terms of that agreement to GM facilities in their states. In addition, OSHA will investigate the feasibility of issuing a Compliance Program Letter regarding nationwide settlement agreements concerning recordkeeping. We will advise you of the results of these efforts.
4. Any pending recordkeeping citations or investigations are within the scope of the Memorandum of Agreement. Any pending recordkeeping citations will be withdrawn by OSHA and any recordkeeping investigations will be terminated. The citation issued, Docket No. 87-0948, to the GM Leeds Plant, Kansas City, Missouri, will be withdrawn by OSHA. In consideration of that withdrawal, the entries required by the citation will be posted to the appropriate OSHA 200 Form.
Thank you for your cooperation in this matter. We are pleased to have reached a mutually agreeable resolution.
GEORGE R. SALEM
Solicitor of Labor
SUE ANN WOLFF
Senior Trial Attorney
U.S. Department of Labor