_________________________________ WILLIAM E. BROCK, ) SECRETARY OF LABOR, ) ) Complainant, ) ) v. ) OSHRC DOCKET ) NO. 87-1682 SCOTT PAPER COMPANY ) ) Respondent, ) ) UNITED PAPER WORKERS ) INTERNATIONAL UNION, ) ) Authorized ) Employee ) Representative ) _________________________________)
Complainant and Respondent have reached a full and complete settlement of the above-captioned matter 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 this matter pursuant to Section 10(c) of the Occupational Safety and Health Act of 1970 (84 Stat. 1590: 219 U.S.C. 651 et seq.) (hereinafter the "Act").
(b) Respondent, Scott Paper Company, is a corporation with its principal place of business located in Tinicum Township. Delaware County, Pennsylvania. It has been at all times material to this proceeding engaged in the business of manufacturing and has operated a manufacturing facility located in Winslow, Maine. During the course of its business, its employees perform various tasks in the nature of manufacturing. During the course of its business, Respondent, at its Winslow, Maine plant, uses material and equipment which it receives from places located outside Maine. Respondent, as a result of the aforesaid activities, is an employer engaged in a business affecting commerce as defined by Section 3(3) and 3(5) of the Act, and has employees as defined by Section 3(6) of the Act, and is subject to the requirements of the Act.
(c) As a result of an inspection conducted on March 25, 1987 through June 8, 1987, at Respondent's workplace in Winslow, Maine, 199 citations were issued to Respondent on September 25, 1987 pursuant to Sections 8 and 9 of the Act. The citations allege violations of the recordkeeping requirements set forth in 29 C.F.R. S1904.2(a). Notifications of proposed penalties were also issued to Respondent on September 25, 1987.
(d) Respondent disagreed with the citations and filed a timely notice of contest to the citations and penalties with the Secretary of Labor. The contest was duly transmitted to the Commission.
Respondent agrees to the following provisions:
(a) Respondent agrees to withdraw its notice of contest to the citations described above, and to pay the U.S. Department of Labor $475,000 in full financial settlement of both the recordkeeping and safety citations. The parties agree that this payment satisfies the proposed fine in this matter and the other matters covered in the attached memorandum of agreement.
(b) Respondent agrees that it will, by February 29, 1988, at the Winslow, Maine plant, properly record the injuries and illness incidents as identified in the subject citations. Furthermore, it will, going back to January 1, 1986, review its recordkeeping practices at all other wholly-owned manufacturing facilities covered by the Act as set forth in Section 4(a) of the Act in order to determine compliance with the Act, the regulations at 29 C.F.R. Part 1904, the OSHA 200 Log and the revised BLS Guidelines for Occupational Injuries and Illnesses, effective April, 1986, except to the extent they may be deemed inapplicable by intervening legislation or by binding judicial precedent. Respondent agrees that it will accomplish this process by June 30, 1988 for its two other manufacturing facilities in the state of Maine and by December 31, 1988 nationwide.
(c) Respondent agrees to maintain its injury and illness records at the locations identified in Section III (b) hereof in accordance with the Act, the recordkeeping regulations at 29 C.F.R. Part 1904, the OSHA 200 Log and the revised BLS Guidelines for Occupational Injuries and Illnesses effective April, 1986, (and as they may from time to time be revised), except to the extent they may be deemed inapplicable by intervening legislation or by binding judicial precedent.
(d) Respondent agrees to notify the Secretary in writing by February 29, 1988, of the actions to be taken to implement Paragraphs III (b) and (c) hereof. Respondent further agrees to provide the Secretary with written confirmation no later than January 15, 1989, indicating that these actions have been completed.
Respondent does not admit any wrongdoing or violation of the Occupational Safety and Health Act or any regulation or standard issued pursuant thereto. It is further agreed that the terms of this Stipulation and Settlement Agreement and any classifications and penalties as used herein will not constitute an admission of any kind by either party in any proceeding before any court, agency, commission or any other body in any action arising from, growing out of or related to the matter set forth in the citations, except for further proceedings under the Act. This agreement is made in order to avoid further litigation and expense to both the government and Respondent and to resolve differences regarding compliance with the Act.
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 this matter docketed before the Commission as Docket: No. 87-1682, is hereby settled.
FOR COMPLAINANT: FOR RESPONDENT: GEORGE R. SALEM Solicitor of Labor ALBERT H. ROSS Regional Solicitor JERROLD SOLOMON NANCY KENT SOWA Trial Attorney Counsel U.S. Department of Labor Scott Paper Company Office of the Solicitor Scott Plaza II 200 Constitution Avenue, N.W Philadelphia, PA 19113 Washington, D.C. 20037 DATE: 12-1-87 DATE: 12-1-87 FOR UNITED PAPERWORKERS INTERNATIONAL UNION, Local 911: LEE PELLETIER President DATE: ____________________________________ WILLIAM E. BROCK, ) SECRETARY OF LABOR, ) Complainant, ) V. ) SCOTT PAPER COMPANY, ) OSHRC DOCKET ) NO. 87-1682 Respondent, ) ) UNITED PAPERWORKERS ) INTERNATIONAL UNION, ) ) Authorized ) Employee ) Representative ) ____________________________________)
More than ten days having elapsed since service of the settlement agreement by posting at the workplace and by mailing a copy to the authorized employee representative and no objection to the time set for abatement having been filed by an employee or authorized representative of employees, all matters encompassed within Docket No 87-1682 have become a final order of the Occupational Safety and Health Review Commission.
1. This agreement is entered into by the United States Department of Labor, Occupational Safety and Health Administration ("OSHA") and Scott Paper Company ("Scott") in order to resolve differences regarding compliance with recordkeeping and safety requirements of the Occupational Safety and Health Act of 1970 (the "Act"), and to avoid litigation and expense to both parties. Scott does not admit any wrongdoing or violation issued pursuant thereto.
2. OSHA has investigated Scott's safety and recordkeeping under the Act at its plant in Winslow, Maine. This investigation has resulted in the issuance of citations for violations of the recordkeeping and safety provisions of the Act and its implementing regulations.
3. The citation for recordkeeping violations has been contested by Scott and is presently pending before the Occupational Safety and Health Review Commission as Docket No. 87-1682. That citation is being settled by a separate stipulation and settlement agreement to be filed in that case. The payment for that citation shall be paid in accordance with paragraph 5 of this agreement.
4. Three citations for safety violations are being issued on December 1, 1987. Scott expressly reserves its right to contest the individual alleged safety citations and abatement dates, however, the parties agree to use their best efforts to amicably resolve any differences regarding these citations. If Scott elects to contest the citation and/or abatement dates, the parties agree that the following procedures will be observed: a. For a period of 30 working days from the date of the Notice of Contest, the parties will attempt to reach a resolution of disputed items. If a complete resolution is not achieved in that time, the Solicitor of Labor and the General Counsel of Scott will attempt to reach a resolution on the remaining items within an additional fifteen working days. If the parties are still unable to reach final resolution, then the Secretary may issue a complaint in accordance with the amended Rules of Procedure of the Occupational Safety and Health Review Commission.
5. Scott agrees to pay a total of $475,000 for both the recordkeeping and safety citations. Payment shall be made to the U.S. Department of Labor no later than December 15, 1987.
6. 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.
7. This agreement, together with the appropriate citations, shall be posted in accordance with the provisions of 29 C.F.R. 1903.16.
NORMAN M. HEISMAN GEORGE R. SALEM General Counsel Solicitor of Labor Scott Paper Company U.S. Department of Labor Date: 12-1-87 Date: 12-1-87 CONSENTED TO BY: FOR COMPLAINANT: FOR RESPONDENT: GEORGE R. SALEM Solicitor of Labor ALBERT H. ROSS Regional Solicitor JERROLD SOLOMON NANCY KENT SOWA Trial Attorney Counsel U.S. Department of Labor Scott Paper Company Office of the Solicitor Scott Plaza II 200 Constitution Avenue, N.W. Philadelphia, PA 19113 Washington, D.C. 20037 DATE: 12-1-87 DATE: FOR UNITED PAPERWORKERS INTERNATIONAL UNION, Local 911: LEE PELLETIER President DATE: SO ORDERED: Administrative Law Judge Occupational Safety and Health Review Commission