_______________________________________ WILLIAM E. BROCK, SECRETARY OF LABOR, ) UNITED STATES DEPARTMENT OF LABOR, ) ) OSHRC DOCKET ) Complainant, ) No.87-0377 v. ) ) REGION III ) W.P. DICKERS0N & SON ,INC. ) ) Respondent. ) _______________________________________)
The parties 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, 29 U.S.C. 651, et seq., (hereinafter the "Act").
(b) Respondent, W.P. Dickerson & Son, Inc., is a corporation with its principal place at business located in Youngwood, Pennsylvania. It has been at all times material to this proceeding engaged in the business of bridge and highway construction, and during the course of its business its employees performed various tasks involved in bridge and highway construction. During the course of its business, respondent uses material and equipment which it receives from places located outside Pennsylvania. Respondent, as a result of the aforesaid activities, is an employer engaged in a business affecting commerce as defined by sections 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 at an inspection conducted between September 3, 1986 and January 15, 1987 at respondent's workplace at the East Street Expressway, Pittsburgh, Pennsylvania and in Youngwood, Pennsylvania, one willful (within the meaning of Section 17 (a) of the Act) citation, with 55 instances, and an other than serious citation, with two violations, were issued to respondent on February 23, 1987, pursuant to Section 8 and 9 of the Act. The citations allege violations of recordkeeping requirements set forth in 29 CFR 1904.2(a) and 1904.5(c). A notification of proposed penalty was also issued to respondent on February 23, 1987. The citation additionally ordered the abatement of the violations by March 27, 1987.
(d) Respondent filed a timely notice of contest to the citations and penalties with the Secretary of Labor. The contest was duly transmitted to the Commission.
(a) Complainant hereby agrees to amend the proposed penalty for the willful citation to three thousand five hundred dollars ($3,500.00). No penalty was proposed for the other than serious citation and is provided for in this agreement.
(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) above and to pay to the U.S. Department of Labor the amount of $3,500.00 within two weeks of execution of this agreement.
(2) Respondent represents that the above-noted alleged violations will be corrected within ten (10) days of the date of the execution of this agreement. Respondent similarly 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 that its records, going back to January 1, 1985, are in compliance with the Act, the regulations at 29 CFR Part 1904, the OSHA 200 Log, and the Revised BLS Guidelines for Occupational Injuries and Illnesses, effective April, 1986.
(3) Respondent agrees to hereafter maintain its injury and illness records nationwide in accord with the Act, the recordkeeping regulations at 29 CFR part 1904, the OSHA 200 Log, the revised BLS Recordkeeping Guidelines for Occupational Injuries and Illnesses effective April, 1986, and as they all may from time to time be revised.
(4) Respondent agrees to provide the Secretary with a report indicating all programmatic changes instituted corporate-wide and/or at individual worksites to implement paragraphs III(b) (2) and (3). The report shall include all written and other materials disseminated by the corporation or any agent thereof intended to provide instruction or guidance to its recordkeepers and safety personnel in their recordkeeping responsibilities under the Act.
(5) Respondent agrees that the actions noted in Section III(b)(2) and (4), will be entirely accomplished within sixty (60) days of the date of execution of this agreement by the parties. In the event that parties do not execute the agreement on the same day, the day of the last signature controls initiation of the six month period. With respect to paragraph III(b)(3), respondent avers that it is presently fulfilling its OSHA recordkeeping responsibilities in accord with said provision.
Respondent's agreement to take the proposed actions set forth herein and the signing of this Stipulation and Settlement Agreement are not admissions of any violation by the respondent or of the truth of any of the allegations or conclusions of the citations, or of any other pleading filed in this matter. Furthermore, neither the signing of this Stipulation and settlement Agreement nor the doing of the proposed action set forth herein shall be construed in any way as an admission of fault or liability in any claim or proceeding which now exists or may arise and be pursued by any person, agency or entity other than in any subsequent proceeding brought by the complainant under the Act. It is understood and agreed that this Stipulation and Settlement Agreement shall constitute a Final Order of the Commission, and nothing contained in this agreement shall be construed in any way to limit the right of the complainant to utilize such Final Order pursuant to proceedings under the Occupational Safety and Health Act of 1970.
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. 87-0377 is hereby settled.
FOR COMPLAINANT: FOR RESPONDENT: George T. Salem Charles R. Volk, Esq. Solicitor of Labor Volk, Frankovitch, Anetakis, Recht, Robertson & Hellerstedt Marshall H. Harris Three Gateway Center Regional Solicitor 15 East Pittsburgh, PA 15222 Mark V. Swirsky Attorney June 25, 1987 Date Date