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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.



1. This agreement is entered into by the United States Department of Labor, Occupational Safety and Health Administration ("OSHA") and Simplex Wire and Cable Co. Inc. of Newington, New Hampshire in order to resolve differences regarding compliance with safety requirements of the Occupational Safety and Health Act of 1970 (the "Act"), and to avoid litigation and expense to both parties.

2. OSHA has investigated Simplex' safety practices under the Act at its plant in Newington, New Hampshire. This investigation has resulted in the issuance of citations for alleged violations of the safety provisions of the Act and its implementing regulations on February 28, 1990.

3. Simplex waives its right to contest the individual citations and abatement dates pursuant to 10(a) of the Act.

4. Simplex represents that it has already corrected most of the conditions asserted to be violations of the Act. OSHA agrees not to hold Simplex liable for failure to correct any cited condition if, within ten (10) working days after receipt of the citation, Simplex presents to OSHA a statement with substantial supporting reasons why abatement should not be required and thereafter, presents such additional information as may be necessary to satisfy the Area Director of the Concord, New Hampshire Area Office that abatement should not be required. OSHA and Simplex further agree that, if, after good faith effort, Simplex is unable to complete abatement within the time set out in the citation, OSHA will favorably consider a Petition for Modification of Abatement Period and the parties will use their best efforts to reach an agreement on an appropriate extension of time for abatement.

5. In consideration of the progress to date, and Simplex' determination to implement a state of the art safety program, OSHA agrees that the characterizations of all items in the citations shall be redesignated as violations of Section 17 of the Act, and, further, that the total proposed penalty shall be reduced to $195,000.

6. Simplex agrees to pay the total revised penalty of $195,000. Payment shall be made to the U.S. Department of Labor no later than March 15, 1990.

7. The parties have entered into this settlement as a compromise. It is intended to avoid the expense of litigating all of the issues arising from the inspection and issuance of citations. In order to secure the compromise and avoid litigation it is agreed that neither this Agreement, nor any statement, commitment or position taken by any party shall be deemed an admission of law or fact to be used against that party in any proceeding before any Court or administrative agency initiated under any other law or regulation, other than the Occupational Safety and Health Act of 1970.

8. Simplex, 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.

9. In entering into this Agreement, Simplex states that the alleged violations contained in the citation were not intentional, knowing, or a voluntary disregard for the requirement of the Occupational Safety and Health Act, its standards, regulations, or guidelines.

10. Simplex voluntarily agrees to implement a self-audit program at its Newington plant. This audit will cover all hazards identified in the citations issued on February 28, 1990, and, in addition, will include all other conditions covered under the OSHA standards or Section 5(a)(1) of the Act. This audit program shall be completed by April 1, 1990. The self-audit program shall be ongoing and shall be designed and implemented to promptly discover any violations of the Act which may occur at its plant.

11. In entering into this Agreement, Simplex represents that it has voluntarily implemented policies, practices, and procedures relating to occupational health and safety designed to reduce the incidence and severity of workplace illnesses and injuries with the aim of qualifying for OSHA's Star Voluntary Protection Program. Simplex has begun implementing the DuPont STOP Program. It will continue to do so and take such other steps as it may consider necessary and useful to elevate the awareness of employees and managers alike to the importance of safety in the workplace and of Simplex' corporate policy to achieve an exemplary safety record.

12. Simplex further volunteers to publicly promote occupational safety and health by making its officials available to speak publicly alongside OSHA officials, and in other forums, with respect to its experience in this matter, OSHA's important and positive role in workplace safety, the necessity for management commitment and vigilance to avoid violations of the Act, and the gains to be realized from a safe and healthful workplace and workforce.

13. Simplex represents that there is no authorized employee representative for the employees affected by the conditions reflected in the citation and this Agreement. Simplex shall provide this Agreement to affected employees by posting it, alongside the citation, at bulletin boards at the plant where employees normally receive important information.

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


                              OCCUPATIONAL SAFETY & HEALTH
By  February 28, 1990         ADMINISTRATION

                                John B. Miles, Jr.
                                Regional Administrator