_____________________________ WILLIAM E. BROCK, ) Secretary of Labor, ) ) Complainant, ) OSHRC DOCKET NO. ) 87-165 v. ) ) MONSANTO COMPANY, ) ) Respondent ) _____________________________)
Complainant and Respondent have reached a full and complete settlement of the above captioned matters presently pending before the Occupational Safety and Health Review Commission. The parties hereby agree as follows:
(a) The Occupational Safety and Health Review Commission (hereinafter the "Commission") has jurisdiction of these matters pursuant to Section 10(c) of the Occupational Safety and Health Act of 1970 (84 Stat. 1590), 29 U.S.C. 651, et seq. (hereinafter the "Act").
(b) For purposes of the agreement, "Complainant" means William E. Brock, Secretary of Labor "Respondent" means Monsanto Company and its successors.
(c) Respondent is a corporation with its principal place of business located in St. Louis, Missouri. At all times material to these proceedings, Respondent has been engaged in the business of manufacturing. During the course of its business, Respondent's employees perform various tasks in the nature of manufacturing. In its business, Respondent uses material and equipment from locations outside of Connecticut. As a result of its activities, Respondent is an employer engaged in a business affecting commerce under Section 3(3) and 3(5) of the Act, has employees under Section 3(6) of the Act, and is subject to the requirements of the Act.
(d) Compliance officers of the Occupational Safety and Health Administration conducted an authorized inspection of Respondent's workplace at 27 Bridge Street, Deep River, Connecticut, from June 2, 1986 to July 11, 1986. As a result of this inspection, pursuant to Sections 8 and 9 of the Act, on January 14, 1987, Respondent was issued one (1) willful (within the meaning of Section 17(a) of the Act) citation with 7 items (citation No. 3) and one (1) "other than serious" citation with 4 items. The willful citation and the the other than serious citation alleged violations of the recordkeeping requirements at 29 C.F.R. 1904.2(a) and abatement was ordered by January 16, 1987. In addition, a notification of proposed penalty for the alleged willful citation in the amount of $5,000.00 was issued to Respondent.
(e) Respondent filed a timely notice of contest to the citation and proposed penalties with the Secretary of Labor. The notice of contest was duly transmitted to the Commission.
(a) Complainant hereby amends his citation, Complaint, Notification of Penalty, and Classification of the aforementioned citations issued to the Deep River, Connecticut Plant as follows:
(1) The classification of Citation No. 3, Item No's 1, 2, and 3 are amended from an allegation of "willful" violation to a violation of "Section 17 (a)" of the Act.
(2) The classification of Citation No. 3, Items 4 and 7, are amended from an allegation of "willful" to "other."
(3) Items 5 and 6 of Citation 3, Item 1, are withdrawn.
(4) Citation 4, Item 1, remains other-than-serious.
(b) Respondent agrees to the following provisions:
(1) Respondent agrees to withdraw its notice of contest to the citations and penalties as amended in Paragraph III (a) 1, 2, 3, and 4 above, and to pay to the U.S. Department of Labor (OSHA) the amount of Two Thousand Dollars ($2,000.00) within fourteen (14) days of the execution of this Agreement.
(2) Respondent agrees that the alleged violations will be corrected within ten (10) days of the execution of this Agreement.
(3) Respondent 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 in good faith and in its judgment that its records going back to January 1, 1985 are in compliance with the Act, the recordkeeping regulations at 29 C.F.R. Part 1904, and the OSHA 200 Log and the instructions thereon, and the supplemental instructions set forth in documents approved under Office of Management and Budget No. 1220-0229.
(4) Respondent in good faith and in its judgment agrees hereinafter to maintain its injury and illness records in accordance with the Act, the recordkeeping regulations at 29 C.F.R. Part 1904, and the OSHA 200 Log and the instructions contained thereon, and the supplemental instructions set forth in documents approved under Office of Management and Budget No. 1220-0229 and/or as any of these may be revised from time to time.
(5) Respondent agrees to provide the Secretary with a report indicating all programmatic changes instituted corporate-wide and/or at individual plants to implement the above Paragraphs III (b)(3) and (b)(4). Reports shall include all written and other material disseminated by the corporation or any agent thereof intended to provide instruction or guidance concerning its recordkeeping responsibilities under the Act.
(6) Respondent agrees that the actions noted in Paragraphs III (b)(3), (b)(4), and (b)(5) shall be entirely accomplished as soon as practicable, but no later than six (6) months of the date of execution of this Agreement by the parties.
(7) Respondent further agrees to notify all of its plant with respect to recordkeeping under the Act, the regulations, and the OSHA Log 200, that the policy of the company shall be that in the case of any injury or illness in which there is any doubt as to its recordability that the instruction will require that the policy will require that Respondent will resolve any doubt with respect to recordability in favor of recordation.
Respondent, by entering into this agreement, does not admit any wrongdoing or violations of the Occupational Safety and Health Act, or any regulation or standard issued pursuant thereto, including but not limited to, 29 C.F.R. 1904 et seq., the OSHA 200 Log and the instructions contained thereon, or the BLS Guidelines dated April 1986 (OMB No. 1220-0029).
By entering into this Agreement, the parties agree that the alleged violations contained in the Complaint and/or Citation were not intentional, knowing, or a voluntary disregard for the requirements of the OSH Act, its standards, regulations, or guidelines. Respondent maintains that it has not acted unreasonably nor has it acted in any way other than in good faith with respect to the recordation of its injuries and illnesses.
This Agreement is made in order to prevent further litigation and expense to both the Complainant and the Respondent and to resolve differences regarding compliance with the Act and/or interpretations the Act, regulations and instructions on OSHA Form 200. It is understood and agreed that this Stipulation and Settlement Bill constitute a final order of the Commission for purposes of the Act. Except for these proceedings and any other subsequent OSHA proceeding between the parties, none of the foregoing agreements, statements, findings and actions taken by Respondent will be deemed an admission by the Respondent of any of the allegations contained within the citations, complaint and notifications of penalty therein. The agreements, statements, findings and actions taken herein are made solely for the purpose of compromise and settling this matter economically and amicably, and in lieu of protracted, expensive and time consuming litigation, and they shall not be used for any other purpose whatsoever.
Respondent certifies that the original notices of contest, as well as all pleadings and other filings in these matters, including a copy of this Stipulation and Settlement Agreement, have been served on affected employees not represented by bargaining units in accordance with the Commission Rule at 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 above noted conditions the matter docketed before the Commission as Docket No. 87-165 is hereby settled.
DATED: 12-14, 1987. FOR COMPLAINANT: FOR RESPONDENT: GEORGE R. SALEM FRANK L. PELLEGRINI, A Solicitor of Labor PROFESSIONAL CORPORATION ALBERT H. ROSS FRANK L. PELLEGRINI Regional Solicitor Suite 400 Chouteau Center 133 South Eleventh Street St. Louis, Missouri 63102 314-241-7445 Attorneys for Respondent JERROLD SOLOMON Regional Counsel U.S. Department of Labor John F. Kennedy Federal Building Government Center - Room 1803 Boston MA 02203 ____________________________ WILLIAM E. BROCK, ) Secretary of Labor, ) ) Complainant, ) ) OSHRC DOCKET NO. v. ) ) 87-165 MONSANTO COMPANY, ) ) Respondent ) ____________________________)
The parties advise that all matters in dispute have been amicably resolved and agree to entry of the Order set forth below. IT IS THEREFORE ORDERED THAT:
1. The Settlement Agreement is approved and the terms thereof are incorporated into this Order.
2. The citation items and proposed penalties are affirmed, modified, or vacated in accordance with the Settlement Agreement.