OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.
May 15, 1989
|MEMORANDUM FOR:||AREA DIRECTORS ASSISTANT REGIONAL ADMINISTRATORS
|FROM:||BYRON R. CHADWICK Regional Administrator
|SUBJECT:||IBP Settlement Agreement
The attached is for your information.
April 25, 1989
|MEMORANDUM FOR:||REGIONAL ADMINISTRATORS
|THROUGH:||LEO CAREY, DIRECTOR
OFFICE OF FIELD PROGRAMS
|FROM:||THOMAS J. SHEPICH, DIRECTOR
DIRECTORATE OF COMPLIANCE PROGRAMS
|SUBJECT:||IBP Settlement Agreement
On November 23, 1988, OSHA entered into an agreement with IBP, Inc., which settled citations resulting from an inspection of that company's Dakota City, Nebraska, facility. The purposes of this memorandum are to:
1. Transmit a copy of the agreement to you for your records and for distribution to affected staff;
2. Explain the general provisions of the agreement; and,
3. Identify specific provisions of the agreement which require action by Regional and Area Offices.
The IBP-Dakota City Agreement. OSHA's agreement with IBP consists of five documents, of which items 1 and 2 are of primary interest to OSHA compliance staff:
1. The "Memorandum of Agreement," which provides a general framework for the settlement;
2. The "IBP Health and Safety Agreement" (HSA), which specifies the steps IBP will take to abate its ergonomic hazards;
3. An "Appendix to IBP Health and Safety Agreement," which further defines the company and union roles in implementation of the agreement;
4. The "Stipulation and Settlement Agreement," which is filed with the Review Commission; and,
5. The "Final Consent Order," which records the settlement as a final order of the Commission. This became a final order of the Commission on February 27, 1989.
The IBP Health and Safety Agreement: A Summary of Commitments. Note that many of the items in this summary should already have occurred.
I. DAKOTA CITY PLANT DEADLINES.
27 December 1988 Company must have retained an ergonomics consultant (EC). [HSA, p.3] 26 January 1989 EC must complete initial review of OSHA's report and analysis and review of Dakota City injury, illness, and medical records. [HSA, p.4] 22 February 1989 EC must meet with IBP and OSHA to discuss OSHA's findings and recommendations after EC's review. [HSA, p.4] After meeting, IBP must design a program to test and evaluate OSHA's recommendations. [HSA, p.4] 19 March 1989 For jobs studied (with citations issued) by OSHA, IBP must begin testing and evaluation of engineering solutions recommended by OSHA. [HSA, p.4] 19 September 1989 Experimental workstations must be operating. [HSA, p.5] 19 June 1990 Testing and evaluation of changes recommended by OSHA must be completed. [HSA, p. 5] 23 November 1990 IBP must have fully implemented all feasible engineering and administrative control recommendations on jobs identified in the citation and on jobs plant-wide. [HSA, p.6] When measures used at Dakota City are feasible for other locations, IBP's next quarterly report must establish a schedule for implementation.
II. DEADLINES RELATING TO ALL IBP LOCATIONS.
26 December 1988 IBP must initiate training for all current personnel associated with jobs where the potential for CTD exists. [HSA, p.7] 26 January 1989 IBP must establish a formal training program for new and reassigned workers. [HSA, pp. 8-10] 1 March 1989 IBP must implement a medical management program. [HSA, pp. 7-8] 26 September 1989 Training program for current personnel must be completed. [HSA, p.7] 23 November 1991 IBP must implement all feasible engineering and administrative control recommendations identified in Part I in all IBP locations. [HSA, p. 10]
III. Summary of Reporting Requirements.
1. Thirty days after the final order (i.e., 29 March 1989) the company will provide the OSHA Omaha Area Office with an outline of the various phases of the agreement, including company-wide abatement, a brief description of each phase, and estimated completion dates for each phase. [HSA, p. 10]
2. Area Offices with jurisdiction over IBP plants will be provided (directly by IBP) with written quarterly reports of progress of the various phases for the respective plants. [HSA, p. 10] We understand "quarterly" to coincide with the calendar quarter, i.e., the last days of the months of March, June, September, and December, respectively.
3. IBP will provide OSHA (i.e., the Omaha Area Office) and the Union with complete copies of ergonomic reports relating to Dakota City. [HSA, p. 11]
4. IBP will provide a final report conveying the results of testing and evaluation required by the agreement. It will be submitted to the Omaha Area Office. All work done and all data generated will be made available upon request. This report is due no later than 23 November 1991. [HSA, p. 11]
5. Other abatement materials and reports, such as those relating to abatement of citations for non-ergonomic hazards shall be provided to OSHA at the Omaha Area Office. [HSA, p. 11]
6. IBP is required to file a written request for extension of time if additional time is needed to complete actions required by the agreement. [HSA, pp. 12-13]
In addition, under the settlement IBP agrees to allow OSHA access to all of its facilities to determine compliance with the agreement (i.e. , monitoring inspections) and to conduct inspections for safety and health other than ergonomics. [HSA, p. 12] Aside from monitoring inspections, OSHA has agreed not to conduct ergonomic inspections related to issued covered by this agreement at IBP locations, assuming IBP implements the agreement. [HSA, p. 12]
This is a summary of the IBP agreement. While this memorandum highlights some of the key dates, all Regional Administrators and all affected Area Directors should review the agreement to achieve a complete understanding of its scope, content and intent.
In addition, it should be emphasized that administration of the national agreement for all IBP plants will require coordination and communication among Area, Regional, and National Offices. As questions arise, please contact my office, attention Ray Donnelly (FTS 523-8041)