____________________________________ SECRETARY OF LABOR, ) ) complainant ) OSHRC DOCKET NO. 87-1063 ) v. ) REGION IV ) R. J. DAVIS CONTRACTING COMPANY, ) STIPULATION ) AND Respondent ) JOINT MOTION ____________________________________)
1. 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. ITEM NO. PROPOSED PENALTY 1 1(a) & (b) $800 2 1(a) $6,000 2 1(b) $6,000 2 2(a) $3,000 2 2(b) $3,000 2 3(a) $3,200 2 3(b) $3,200 2 4(a) $1,400 2 4(b) $1,400 2 5(a) $1,000 2 5(b) $1,000
2. Respondent represents that all violations alleged in the Citations and Notifications of Penalty issued on June 4, 1987, have been and will remain abated.
3. 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.
4. Respondent represents that:
A. He will obtain training for himself and for all site supervisors which will include training concerning the requirements of 29 C F.R. 1926.650 through 1926.653.
B. He will establish an ongoing safety and health program and communicate this program to his employees.
C. He will designate a supervisory employee with responsibility for safety and health on each jobsite.
D. He 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.
E. He will provide refresher safety training sessions on a monthly basis to all employees and will keep attendance records of these sessions.
F. He will provide all newly-hired employees with a basic safety training course.
G. He will implement a program of daily written site inspections for compliance with OSHA standards. The inspections shall be conducted by the Company's site supervisor or his designee with responsibility and authority to correct unsafe conditions.
5. Respondent will pay the penalty, as amended, in the total amount of $30,000 by paying $1,200 immediately and the remainder in 36 equal monthly installments of $800. The first installment will be paid no later than February 1, 1988. The total penalty will be paid no later than January 1, 1991.
6. Affected employees herein are not represented by a certified bargaining representative.
7. 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.
8. 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.
9. Respondent certifies that on January 27 1988, 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_____27th_____ day of___January___1988 . R. J. DAVIS CONTRACTING COMPANY GEORGE R. SALEM Solicitor of Labor BOBBYE D. SPEARS Regional Solicitor By: JOHN D. SOURS JAMES L. STINE Attorney Attorney By: STEPHEN J. SIMKO JR. Attorney Attorneys for the Secretary of Labor, United States Department of Labor.