_____________________________________ SECRETARY OF LABOR, ) UNITED STATES DEPARTMENT OF LABOR, ) ) Complainant, ) ) v. ) ) UNITED BISCUITS LTD., doing business ) as KEEBLER COMPANY, ) OSHRC DOCKET No. 89-2807 ) Respondent ) ) _____________________________________) ) BAKERY, CONFECTIONERY AND TOBACCO ) WORKERS INTERNATIONAL UNION, ) ) Authorized Employee ) Representative. ) _____________________________________)
Complainant and Respondent have reached a full settlement of the above-captioned matter presently pending before the Occupational Safety and Health Review Commission. Complainant and Respondent hereby stipulate and agree as follows:
1. The Occupational Safety and Health Review Commission has jurisdiction of this matter pursuant to Section 10(c) of the Act (29 U.S.C. Section 659(c)).
2. Based upon a reevaluation of the evidence, the Secretary hereby amends Citation No. 1 by changing the characterization of the violations from willful to serious. The citation is deemed amended.
3. Based upon a reconsideration and reevaluation of the statutory factors upon which the proposed penalties are determined, the Secretary hereby reduces the penalty for citation no. 1 from $8,000 to $1,000. The citation and notification of proposed penalty are deemed amended.
4. Respondent agrees to withdraw its notice of contest to Citation No. 1 and the proposed penalty as amended herein. Respondent agrees to submit payment of the total penalty of $1,000 to OSHA at the time of entry of this Stipulation and Settlement Agreement. This withdrawal is made solely to facilitate the settlement of this matter. Nothing contained herein shall be deemed an admission by Respondent that Respondent violated the Act or its regulations or standards. Nothing herein shall be interpreted as being inconsistent with Section V of the Ergonomic Agreement which in incorporated herein.
5. In accordance with Rules 7 and 100 of the Review Commission, Respondent shall give a copy of this Stipulation and Settlement Agreement to affected employees represented by the Bakery, Confectionery and Tobacco Workers International Union by serving a copy of it on Ray Scannell, Director of Research, Bakery, Confectionery and Tobacco Workers International Union, 10401 Connecticut Avenue, Kensington Maryland 20895-3961. In accordance with Rules 7 and 100, Respondent will post a copy of this Stipulation and Settlement Agreement as its place of business located at 5000 Osage Street, Denver, Colorado where it may be viewed by it employees.
6. The parties agree that, based upon the foregoing representations and on the terms of the Ergonomic Agreement incorporated herein, an order may be issued of record showing that the Respondent has withdrawn its notice of contest and entering the citation and notification of proposed penalty, as amended, and the aforesaid Ergonomic Agreement as a final order of the Commission.
7. Further, each party hereby agrees to bear its own fees and other expenses incurred by such party in connection with any stage of this proceeding.
FOR SECRETARY OF LABOR, FOR KEEBLER COMPANY/DENVER U.S. DEPARTMENT OF LABOR BAKERY Robert P. Davis Solicitor of Labor Roger L. Freeman, Esq. Davis, Graham & Stubbs Tedrick A. Housh, Jr. Regional Solicitor Attorneys for Keebler Company/Denver Bakery 370 Seventeenth Street Robert S. Bass P.O. Box 185 Attorney Denver, Colorado 80201-0185 Attorneys for Date: 4/7/90 Secretary of Labor U.S. Department of Labor Room 2106, 911 Walnut Street Kansas City, Missouri 64106 Date: April 18, 1990 FOR THE BAKERY, CONFECTIONERY FOR THE BAKERY, CONFECTIONERY AND TOBACCO WORKERS AND TOBACCO WORKERS INTERNATIONAL UNION, INTERNATIONAL UNION LOCAL NO. 26 _____________________________ _______________________________ Wayne Brewer, President John DeConcini Date: 4-10-90 International President Patrick D'Angelo International Vice President Raymond Scannell Director of Research Authorized Representatives 10401 Connecticut Avenue Kensington, Maryland 20895-3961 Date: 4/12/90
A. Keebler Company/Denver bakery (hereinafter the "Company") recognizes that cumulative trauma disorders (hereinafter "CTDs") are a type of illness which may be present in occupations requiring the continuous use - usually with force and awkwardness of position - of the upper extremities. All industries, including the baking industry, which have jobs requiring employees to use their upper extremities in the performance of their job duties might have employees which experience CTDs. The Company, Union, and OSHA also recognize that the control of CTDs is a complex issue often requiring the consideration of a number of different control technologies and methodologies. These include, to the extent feasible: an ergonomically safe job design which incorporates engineering controls to minimize job-related ergonomic hazards and risk factor; employee and supervisory training and education; medical management program designed to permit the early detection and treatment of CTDs; follow-up care; and administrative controls.
B. The Company agrees to take the steps outlined in this Agreement in the hopes of reducing any ergonomic hazards and risk factors which may be associated with the development of CTDs at the Denver Bakery.
C. As used in this Agreement, "Cumulative trauma disorders" (hereinafter "CTDs") refer to health disorders arising from repeated biomechanical stress due in part to ergonomic hazards. Other terms that have been used for such disorders include "repetitive motion injury," "overuse syndrome," and "repetitive strain injury," CTDs are a class of musculoskeletal disorders involving damage to the tendons, tendon sheaths, synovial lubrication of the tendon sheaths, and the related bones, muscles, and nerves of the hands, wrists, elbows, shoulders, neck and back. The more frequently occurring disorders in this class include carpal tunnel syndrome, lateral and medial epicondylitis, tendinitis, tenosynovitis, ganglionic cysts, DeQuervain's Disease, and lower back pain. These disorders may develop as a result of chronic exposure of a particular body part to repeated biomechanical stress, which, by cumulative effect, produces a debilitating physical condition.
D. As used in this Agreement, "Ergonomic hazards" refer to workplace conditions that pose a significant biomechanical stress to the soft tissue of a worker. Such workplace conditions include, but are not limited to, improper workstation layout and orientation, improper work methods, improper tools, and job design problems that may include aspects of work flow, posture and force required, work/rest regimens, and repetition rates. They are also referred to as "stressors."
E. As used in this Agreement, "Ergonomic risk factors" are conditions of a job, process, or operation that contribute significantly to the risk of developing a CTD. Examples include repetitiveness of activity, force required, and awkwardness of posture. Risk factors may appear as synergistic elements of ergonomic hazards which should then be considered in light of their potential combined effect in inducing CTDs. Jobs, operations, or work stations that have multiple risk factors may have a higher probability of causing CTD, depending on the relative degree of severity of each factor.
F. As used in this Agreement, "Ergonomist" or "ergonomic professional" means a person who possesses a recognized degree or professional credentials in ergonomics or a closely allied field (such as human factors engineering) and who has demonstrated, through knowledge and experience, the ability to identify ergonomic hazards and risk factors and to recommend effective means of correcting or eliminating the hazards and risk factors associated with a job in the workplace.
II. ELEMENTS OF THE ERGONOMIC PROGRAM
A. Identification and Control of Stressors
1. The Company agrees to select and retain an ergonomic consultant (hereinafter "Consultant"), with input from the Union, for the purpose of visually reviewing and/or performing an ergonomic analysis of packing jobs on certain lines cited by OSHA at the Keebler/Denver Bakery. Specifically, the visual review and/or ergonomic analysis performed by the Consultant will be as follows:
a. Line 1/Icing Pack Table -- No ergonomic analysis will be performed on this line unless this line is returned to operation within the period covered by this Agreement. The Company agrees to perform the ergonomic evaluation set forth in this Section II within 90 days after any return to operation of this line within the period covered by this Agreement.
b. Line 2/Magic Middle Pack Table -- No ergonomic analysis or visual review of this line will be performed because this line was not included in the citation and because input from ergonomic consultants was incorporated into its design.
c. Line 3/Kraft Club Base Box and RP Packing Operations -- The ergonomic analysis set forth in this section II will be performed on this line.
d. Line 4/RP and IS Packing Operations -- The ergonomic analysis set forth is this Section II will be performed on this line.
e. Line 4/Saltine Slug Packing Operation -- The Consultant will perform a visual review of this packing line and if, in the Consultant's opinion, further analysis should be performed on any work station/ task on this line, such specific work station/task will be included within the scope of the ergonomic analysis set forth in this Section II. Otherwise, this line will not be subject to further review by the Consultants.
f. Line 5/Keebler Club and Graham Cracker Packing Operation -- The Consultant will perform a visual review of this packing line and if, in the Consultant's opinion, further analysis should be performed on any work station/task on this line, such specific work station/task will be included within the scope of the ergonomic analysis set forth in this Section II. Otherwise, the line will not be subject to further review by the Consultant.
2. The Consultant's evaluation shall include packing processes on the included lines with regard to existing positions, practices, tools and equipment to identify any ergonomic hazards and risk factors. The evaluation may include a review of OSHA 200 logs; medical records and complaints; direct observation; as well as a review of the survey conducted as set forth in the Orientation and Education portion of this Agreement. The Company agrees to retain a Consultant who will initiate this evaluation within 120 days of the execution of this Agreement.
3. The Consultant will provide a report to the company identifying specific work stations/tasks on the packing lines set forth herein which pose ergonomic hazards and risk factors. The report will provide specific recommendations for the implementation of engineering and administrative controls pertaining to these work stations/tasks. The Company will provide a copy of the Consultant's final report to OSHA and the Union within 210 days of the execution of this Agreement.
B. Engineering and Administrative Controls
1. The Company agrees to consider and implement all feasible engineering and administrative controls recommended by the Consultant in the following manner:
a. The Consultant's recommendations shall first be evaluated and prioritized by the Company according to their feasibility of implementation, expected effectiveness and economic impact.
b. Based upon this evaluation, an implementation plan will be developed by the Company calling for feasible, specific controls to be implemented in phases according to their determined priority. Such implementation plan will be submitted to OSHA and the Union within 210 days of the execution of this Agreement. All feasible, specific controls identified in the implementation plan shall be implemented by the Company as soon as possible but not later than 15 months from the date of the final implementation plan developed by the Company.
c. The Company, OSHA, and the Union recognize that worker involvement is crucial to the success of any ergonomics program. The Company will consider Union input in developing the ergonomics program under this Section II. The company will also utilize employee input through resource groups comprised of engineering, supervisory and packing personnel from those specific area(s) where changes in work station design or work tasks are recommended in the report filed by the Consultant. The Union will have the opportunity to recommend specific employees with the appropriate knowledge and background to participate in these resource groups, and the company shall consult with the Union in making the final selection of employees to serve on these resource groups. The Consultant will also utilize worker and Union input in determining the effectiveness of all controls implemented by the Company.
d. If, based on the Company's evaluation and prioritization, the Company determines that a recommended control is not feasible, it will provide OSHA and this Union with the reason for this determination. OSHA and the Union specifically reserve the right to disagree with any such determination, to inform the Company that they believe that such controls are necessary and appropriate, and to take whatever further action is provided by law.
e. A written report on the effectiveness of specific controls shall be submitted by the Consultant to the Company, OSHA and the Union. This report will be prepared within 12 months from the date that all feasible controls have been implemented. OSHA and the Union will have 90 days to make written comments regarding the Consultant's report, and the Company will consider such comments in conducting further activities at the Denver Bakery.
2. The Company will remain aware of and continue to evaluate opportunities to employ, where feasible, administrative controls beyond those already tested or in place at the Denver Bakery. The Company agrees to continue to evaluate such controls as jobs change and as the ergonomic program set forth in this Section II is developed. These administrative controls may include:
a. Utilizing the Consultant to evaluate the amount of repetitive motion work involved in the various packing jobs at the Denver Bakery.
b. The principles of job rotation and job enlargement (i.e., varying employee's tasks) may be utilized in accordance with the collective bargaining agreement between the Company and the Union to alleviate physical fatigue and stress of a particular set of muscles/tendons/nerve groups. The Company will consider utilizing the Consultant to evaluate the current rotation policy.
c. New or reassigned employees may continue to work with a qualified packer while not being required to perform the complete job until such time as that new or reassigned employee can achieve the full rate of production. The supervisor may monitor the new packer's progress for any complaints of fatigue and take appropriate action such as reducing his/her production requirements and/or consulting with the medical department as necessary.
d. Continuing to utilize hourly rest pauses during packer rotation.
III. ELEMENTS OF THE ORIENTATION AND TRAINING PROGRAM
A. Scope of Program. The Company, with input from the Consultant, will develop a formal orientation and training program as described below in each applicable section for all (1) packers and relief packers (collectively referred to hereinafter as "Packers"); (2) those employees who filled in as Packers or were "displaced" to packing for a certain threshold duration (hereinafter "Intermittent Packers"); (2) supervisors and other management personnel who supervise Packers (hereinafter "Supervisors"); and (3) designated medical personnel. The program shall include video training aids and specific training for all Packing jobs and shall be presented as described below to Packers, Intermittent Packers, Supervisors and medical management personnel.
B. Current Packers.
1. The Company will implement a training program for current Packers which will be as closely tailored to packing activities as possible. The company agrees to utilize the services of a qualified physical/occupational therapist (hereinafter "Therapist") to be selected by the Company with input from the Union. The Therapist will assist the Company in developing a physical assessment questionnaire which would include a body parts diagram. The questionnaire will be designed to elicit information from the Packers regarding the nature, scope and possible causes of or contributing factors to any CTD symptoms. The Therapist will administer the questionnaire as described below and compile the results for use in formulating the job-specific portion of the training program and for other purposes as described in this Agreement.
2. The Therapist will also conduct a limited physical assessment of the Packer to gather additional information for use in developing the training program. Information from this assessment, the questionnaire data and other sources as described below would be combined to devise a training program which would discuss the symptoms and causes of CTDs in general terms and as the specifically relate to packing activities at the Denver Bakery.
3. The components of this training program will consist of three session totaling approximately three hours conducted by the Therapist and attended by all Packers. Class size will be limited to approximately 15 Packers per class. The sessions will be conducted as follows:
(A) Session Number One. Assessment and General Information. This session will be presented to all Packers within 90 days of the signing of this Agreement, and will consist of the following:
(1) a general introduction explaining the purpose of the training;
(2) presentation of general training regarding CTDs; and
(3) information gathering from session attendees.The general training will be conducted during the first session and will address the medical aspects of CTDs, the importance of early reporting and treatment, movements and positions which may cause or aggravate the condition, and activities which may be utilized to prevent, control, or alleviate the problem. The balance of the session will be devoted to the completion of the Packer questionnaire and the limited physical assessment conducted privately by the Therapist. Written materials will be developed by the Therapist to be distributed to all Packers during this session.
(B) Session Number 2-Specific Training. The Company and the Therapist, after considering (a) the results of the assessment questionnaire and physical evaluation; (b) information on CTD complaint history provided by the Medical Department; and (c) observations of the work environment and analysis of injury reports and investigations, will develop a training program specific to Packers. This job specific training program will be presented to all Packers within 120 days of the execution of this Agreement. The training will be designed to be as closely tailored as possible to packing positions and activities and will emphasize desirable and undesirable body and upper extremity positions. Appropriate slides or video tapes of the various jobs will be used. Written materials will be developed by the Therapist to be distributed to all Packers during this session.
(C) Session Number 3 - Follow-Up Training and Evaluation. The final session will be presented to all Packers within 150 days of execution of this Agreement. This session will be devoted primarily to providing follow-up review, answering questions of participants and determining the benefits of material presented in the first two sessions. A program evaluation form will be distributed and completed during this session.
C. New Packer Training.
1. All new employees who may work as Packers will be provided with an orientation session which will include viewing a film on musculoskeletal problems. The film will include information on CTDs of the upper extremities. The Company with input from the Therapist and the Consultant will review available video safety training films on this subject and select one which will be most appropriate and useful for the Denver Bakery or, at the Company's discretion, the Company will make its own tape with input from the Consultant and Therapist. The prompt reporting of any occupational injury or illness will be stressed during the orientation program. New Packers will also receive demonstrations in proper work techniques as necessary during their orientation process. New Packers will also be provided with written materials developed during the first and second training sessions provided to current Packers.
D. Intermittent Packers. All Intermittent Packers will receive written materials developed during the first and second training sessions provided to current Packers under Section III.B.3.(A) and (B) of this Agreement. Intermittent Packers will not receive the formalized training program described in Section III.B. of this Agreement.
E. Continuing Training and Evaluation of Packers. The Company will continue to use its best efforts to evaluate and monitor any Packers who continue to report symptoms of CTDs to the Medical Department. Such continuing evaluation will include (1) reviewing with these Packers the prior training program and retraining these Packers as necessary and appropriate; (2) counseling these Packers on job transfer opportunities available; (3) referring these Packers for physical therapy, with a training component, when advised by the medical department; (4) discussing CTD issues and any problems at shift safety meetings as the need arises; and (5) reviewing training materials to assure that they are in accord with the current state of the art in this field.
F. Supervisors. Training of Supervisors shall consist of a 75-minute training session developed by the Company and Therapist. The training session shall emphasize the importance of early reporting of any CTD symptoms by employees, the medical aspects and proper treatment of the problem, stressors which may contribute to ergonomic hazards and risks, the importance of observing how employees perform job tasks, and methods of eliminating the ergonomic hazards and risks. All Supervisors will be provided with the recommendations made by the Consultant which apply to their employees and will use their best efforts to ensure that Packers remain aware of these recommendations. The training shall also include education on Packing jobs on the production lines which may contribute to CTDs, the stressors involved, and the appropriate assignment of available jobs which the Company, on a case-by-case basis, considers likely to help minimize and reduce any CTDs experienced by individual Packers. All Supervisors shall be given this training within six months after execution of this Agreement.
G. Medical. This training will be conducted by the Company's Medical Department official in charge of occupational health and will include a refresher review of: (1) the medical aspects of CTDs; (2) how to perform a complete musculoskeletal medical evaluation; (3) treatment procedures and the proper use of diagnostic instruments; and (4) how to complete necessary forms and reports and the importance of proper follow-up of employees who are being treated for CTDs. The Company's Medical Department official in charge of occupational health will continue to give this training to all medical department personnel. The Medical Department official in charge of occupational health shall develop written treatment criteria for employees complaining of CTD symptoms as discussed in Section IV.C below. This official will be involved in the Consultant's evaluation and the development of the implementation plan, and shall be provided with a copy of the Consultant's evaluation containing job specific ergonomic recommendations and the Company's implementation plan. This official will also provide all medical department personnel with a detailed review of the Consultant's and Company's findings and recommendations so as to ensure that all medical department personnel are familiar with the matters discussed in the Consultant's report. All medical department personnel shall remain familiar with the Company's program for assessing, on a case-by-case basis, the feasibility and potential benefits of arranging for individual Packers experiencing CTDs to seek out available jobs at the Denver Bakery which may help minimize or reduce any CTD symptoms experienced by that Packer.
IV. MEDICAL MANAGEMENT AND SURVEILLANCE
A. Medical Program.
1. OSHA recognizes that the Company has in place an effective medical program at its Denver Bakery aimed at providing proper medical care and treatment for all employees.
2. The Company agrees to continue its efforts designed to detect at the earliest possible time the symptoms associated with CTDs and to continue its program of prevention, treatment and follow-up of CTD illnesses.
3. The Company agrees that its medical program will include the following basic elements in the future designed and implemented to address CTD illnesses: a. The Company will augment its current knowledge of Packer symptoms by use of a physical assessment questionnaire. This questionnaire will be formulated, distributed and collected by the Therapist as provided in Part III of this Agreement. The questionnaire will be conducted, using body diagrams, to assess Packer awareness of CTD symptoms.
b. All available information regarding a Packer's medical status will continue to serve as a data base to which the Medical Department will refer if a Packer complains of CTD-related symptoms. Historical medical records for each Packer will include information derived from the questionnaire administered by the Therapist.
c. If symptoms continue to be present after administration of treatment measures, Packers will continue to be given sufficient time for the involved muscle/ tendon/nerve group to heal. This time may include time off work, if deemed appropriate by the authorized treating physician(s), or transfer to another available job which the Company considers likely to help minimize or reduce the CTDs experienced by that individual Packer.
d. If a Packer requires time off work as directed by the authorized treating physician, physical therapy, a work hardening program or gradual resumption of duties will be utilized when directed by the authorized treating physician(s) and/or the Medical Department. This shall occur in addition to any other prescribed treatments.
e. The Medical Department's treatment approach will continue to be aggressive but conservative with early detection, treatment, prevention and education being of primary importance. Surgeries will be recommended only when determined to be necessary by the authorized treating physician(s) based on conclusive medical test results or such factors as the particular nature of the individual's symptoms, length of time the individual has complained of the symptoms or lack of response from conservative treatment measures.
f. The Company will continue its program of preemployment screening recognizing that the current state of the scientific community does not support preemployment screening as a solely effective means of preventing CTDs.
g. The Company will continue its program of ongoing treatment of Packers with musculoskeletal complaints. Packers will continue to be educated from the outset of their employment at Keebler that all occupational injuries and illnesses must be promptly reported to the appropriate personnel including the Medical Department. The Company agrees that it will not implement or continue any program which directly discourages, without providing any other safety benefit, the early reporting of CTD symptoms. The Medical Department will not only continue to encourage Packers to report their progress periodically to the Medical Department but will continue to follow-up on Packers who are being treated for CTD illness until the problem has been resolved.
B. Analysis of Alternative Jobs.
1. The Company, with input from the Union, Consultants and/or from physical therapists if appropriate, will continue to encourage Packers who experience CTDs to remain aware of opportunities to transfer into jobs which, based on the Packer's individual circumstances, may help minimize or reduce any CTD symptoms and any job-related ergonomic stressors experienced by that Packer. The determination as to whether the job to which the Packer may be transferred will minimize that Packer's CTD symptoms and ergonomic stressors will be performed by the Company on a case-by-case basis with input from the Medical Department Staff; the authorized treating physician; the individual worker and the Union; any physical therapist working with that Packer; and, if necessary, the Consultant. The Company will use its best efforts to ensure that such Packer is aware of available opportunities to utilize the procedures developed under Section IV.B.2. of this Agreement to transfer into a position which may help minimize or reduce CTD symptoms or any job-related ergonomic stressors experienced by the specific Packer.
2. The Company and Union agree that they will formulate procedures for the assignment of Packers to jobs which help minimize or reduce that individual Packer's CTD symptoms or any job-related ergonomic stressors in a manner that allows all employees to retain their current rights under the collective bargaining agreement in effect as of the date of filing of this Agreement.
C. Medical Management Criteria.
1. The Company's Medical Department has long applied a number of important criteria in preventing, diagnosing and treating any CTDs. These criteria range from set recording practices to more flexible treatment guidelines which are adjusted to meet each individual employee's needs and circumstances.
2. The Company agrees to reduce its current medical management criteria for the treatment of CTDs to writing. The Company agrees that its written medical management criteria will include the following basic elements:
a. Proper musculoskeletal physical examinations, taking of medical history information and use of recording forms. The examination will at least include inspection, palpation and range of motion testing.
b. Treatment of employees with positive physical signs on examination as well as those with symptoms but no physical signs. Treatment criteria will include the following approaches:
(1) Properly applied preventive and supportive wraps will continue to be used at the first sign of upper extremity discomfort so long as the wrap does not interfere with the performance of the job or place undue ergonomic stress on another part of the body.
(2) Rigid splints or casts will not be used during working activities unless it is determined that no deviation or bending of the splinted or casted limb is required on the job and that the use of the splint or cast will not adversely affect another part of the body.
c. Followup examinations will be scheduled by the Medical Department to allow reevaluation of employees who report CTD symptoms. The Medical Department will continue to stress the importance of keeping followup appointments. The Union will also play a strong role in encouraging employees to keep followup appointments. The Medical Department will develop general criteria to be applied whenever an employee comes in for reevaluation.
d. Utilization of historical information on Packers, including body diagrams compiled through the physical assessment questionnaire or obtained through individual employee visits to the Medical Department, to keep abreast of the extent of symptoms of work-related CTDs in Packers.
V. COMPROMISE OF A DISPUTED CLAIM
It is understood and agreed by the parties that this Settlement Agreement constitutes a compromise of a disputed claim. Keebler specifically denies any and all allegations that it violated the Act. Nothing in this Agreement, including the Agreement itself, its execution, as well as any Final Order, is an admission or evidence, nor is it to be construed as an admission or treated as evidence, of any fact or of any violation of the act by Keebler, and this Agreement, statements and action taken herein shall not be used or admitted in evidence in any litigation or other proceeding, or used for any other purpose, except that this Agreement may be entered into evidence in a proceeding brought by the Secretary under the Act. In particular, nothing in this Agreement is to be construed as an admission by Keebler that a specific employee's CTD is work-related or that Keebler's current approach to and program for addressing any CTDs at the Denver Bakery is or has been at any time in violation of the Act. This agreement is being entered into solely to avoid further litigation and expense to the parties.
The Company will complete quarterly status reports briefly summarizing the programs set forth in this Ergonomic Agreement until the Agreement is completed.
Such SUMMARY reports will be provided to the OSHA Area Director in Denver, Colorado and to the Union. The quarterly reports are in addition to specific reports required to this Agreement.
VII. TERM OF AGREEMENT
This Agreement shall be in effect for a period of four (4) years from the execution of this Agreement, at which time the Agreement shall automatically terminate.
VIII. EXTENSIONS OF TIME
The Company shall make a good faith effort to complete the programs and reports required under this Agreement within the time frames set forth in this Agreement. If, despite such good faith effort by the Company, the Company is unable to meet the time periods identified in this Agreement, it may file a petition for modification of the dates set forth in this Agreement. The filing, review, and approval of any such petition for modification shall comply with and be governed by the provisions of Rule 37 of the Rules of Procedure of the Occupational Safety and Health Review Commission.
FOR SECRETARY OF LABOR, FOR KEEBLER COMPANY/DENVER U.S. DEPARTMENT OR LABOR BAKERY Robert P. Davis ___________________________ Solicitor of Labor Roger L. Freeman, Esq. Davis, Graham & Stubbs Tedrick A. Housh, Jr. Regional Solicitor Attorneys for Keebler Company/Denver Bakery _________________________ 370 Seventeenth Street Robert S. Bass P. O. Box 185 Attorney Denver, Colorado 80201-0185 Attorneys for Date: 4/09/80 Secretary of Labor, U.S. Department of Labor FOR THE BAKERY, CONFECTIONERY Room 2106, 911 Walnut Street AND THE TOBACCO WORKERS Kansas City, Missouri 64106 INTERNATIONAL UNION Date: April 26, 1990 _______________________________ John DeConcini FOR THE BAKERY, CONFECTIONERY International President AND TOBACCO WORKERS INTERNATIONAL UNION, Patrick D'Angelo LOCAL NO. 26 International Vice President Raymond Scannell ______________________________ Director of Research Wayne Brewer, President Authorized Representatives Date: 4-10-90 10401 Connecticut Avenue Kensington, Maryland 20895-3961 Date: 4/12/90
Section III.A. of the Ergonomic Agreement incorporated by reference into the Stipulation and Settlement Agreement executed by the Secretary of Labor, United States Department of Labor ("Secretary") and Keebler Company/Denver Bakery ("Keebler") references the term "Intermittent Packers." The term "Intermittent Packers" is later used in several sections of the Ergonomic Agreement. "Intermittent Packers" are defined in Section III.A. of the Ergonomic Agreement as "those employees who filled in as packers or were 'displaced' to packing for a certain threshold duration . . . ." By this Side Letter Agreement, the Secretary and Keebler agree that the following provisions sets forth the" certain threshold duration" of packing which must be performed by a packer in order to constitute an "Intermittent Packer" under the Ergonomic Agreement:
Those employees who filled in as packers or were displaced to packing for ten weeks or more within the twelve months previous to the commencement of the training program set forth in Section III of the Ergonomic Agreement, and those employees who during the term of this Agreement are displaced to packing for ten weeks or more within the twelve month period previous to the annual anniversary date of the commencement of the