Corporate-Wide Settlement Agreements - (Archived) Table of Contents|
"This document was published prior to the publication of OSHA's final rule on Ergonomics Program (29 CFR 1910.900, November 14, 2000), and therefore does not necessarily address or reflect the provisions set forth in the final standard."
ELIZABETH DOLE, Secretary of Labor,
___________________________________ ) HONORABLE PAUL A. TENNEY ) ) Complainant, ) ) v. ) OSHRC Docket Nos. 90-410 ) and 90-919 GENERAL MOTORS CORPORATION, ) Inland Fisher Guide-Trenton, ) ) Respondent. ) ___________________________________)
STIPULATION AND SETTLEMENT AGREEMENT
Complainant, Elizabeth Dole, Secretary of Labor, United States Department of Labor; Respondent, General Motors Corporation; and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America and its Local Union, Local 731 (the "UAW"), hereby agree to the settlement of OSHRC Docket Nos. 90-410 and 90-919, and the citations and notification of proposed penalties issued on December 21, 1989 and February 14, 1990, to Respondent's Trenton, New Jersey facility.
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 (29 U.S.C. Section 651 et seq., hereinafter the "Act").
Respondent, General Motors Corporation, is a corporation with its principal place of business in Detroit, Michigan. It has been at all times material to this proceeding engaged in the business of automobile manufacturing. Its employes perform various tasks in the nature of automobile manufacturing. During the course of its business, General Motors, and its Trenton, New Jersey facility, uses material and equipment which it receives from places located outside New Jersey. Respondent, as a result of these activities, is an employer engaged in a business affecting commerce as defined by Section 3(3) and 3(5) of the Act, and has employes as defined by Section 3(6) of the Act, and is subject to the requirements of the Act.
As a result of an inspection conducted on June 22, 1989 to December 21, 1989, at its Trenton, New Jersey facility, citations alleging violations of the Act were issued to General Motors on December 21, 1989, pursuant to Sections 8 and 9 of the Act. As a result of another inspection conducted on August 14, 1989 to February 12, 1990, at the Trenton facility, citations alleging violations of the Act were issued to General Motors on February 14, 1990, pursuant to Sections 8 and 9 of the Act.
General Motors disagreed with the citations and notifications of proposed penalties and filed timely notices of contest. The notices were duly transmitted to the Commission.
The UAW, as authorized employe representative, filed a notice of contest as to the reasonableness of the abatement period set forth in the citations and filed for party status.
A. With respect to OSHRC Docket Nos. 90-410 and 90-919, the parties agree as follows:
1. General Motors agrees to implement the attached Memorandum of Agreement pertaining to ergonomics and recordkeeping, which is incorporated herein.
2. General Motors will assign those items listed in the citation dated February 14, 1990, to the local Ergonomics Committee (EC) which will make them its highest priority for review and job analysis according to the process outlined in the attached Agreement. The EC shall give priority to consideration of the abatement method set forth in the citation in instituting abatement for the cited positions.
3. The parties agree that implementation of the Memorandum of Agreement constitutes abatement.
4. With regard to the citation issued on February 14, 1990, OSHA agrees to modify the characterization of the citation from "willful" to 17 of the OSH Act.
5. With respect to the citation issued on December 21, 1989, OSHA agrees to vacate and dismiss Items # 31, 59, 69, 106 and 118 of Citation No. 1, and Items # 26 and 27 of Citation No. 2, and to modify the characterization of the citation from "willful" to 17 of the OSH Act.
6. General Motors agrees to tender penalties in the amount of $290,000 payable to the Secretary of Labor thirty days after this agreement becomes a final order of the Commission. These penalties will constitute full and final payment of the penalties in this matter.
7. General Motors agrees to withdraw its notice of contest to the citations and notifications of proposed penalties, as amended, and agrees that this settlement agreement shall become a final order of the Commission.
8. The UAW agrees to withdraw its notice of contest as to the reasonableness of the abatement period.
B. The parties agree to bear their own attorneys' fees, costs, and other expenses that have been incurred in connection with these proceedings.
C. There are no items in OSHRC Docket Nos. 90-410 and 90-919 that remain to be decided by the Commission.
General Motors acknowledges that as a result of the affirmance of this Settlement Agreement by an Order of the Occupational Safety and Health Review Commission, provisions of this Settlement Agreement may be subject to a Summary Enforcement Order to 11(b) (29 U.S.C. 660(b)) of the Act. Any failure of General Motors to comply in good faith with the terms of the OSH Review Commission's Order as enforced by the U.S. Court of Appeals may be prosecuted by the Secretary as a contempt of court action.
Complainant, Respondent and the UAW agree to the entry of a final order in this proceeding consistent with the terms and provisions of this Stipulation and Settlement Agreement.
Respondent certifies that a copy of this Agreement was posted at its Inland Fisher Guide-Trenton facility on ___________________, 1990, to afford notice to the affected employes.Dated: _________________, 1990. FOR RESPONDENT: FOR COMPLAINANT: _______________________________ _____________________________ FRANCIS S. JAWORSKI, Attorney STEPHEN D. DUBNOFF, Attorney General Motors Corporation U.S. Department of Labor P.O. Box 33122 Office of the Solicitor New Center One Building 201 Varick Street 3031 V. Grand Boulevard New York, NY 10014 Detroit, MI 48232 Telephone: (212) 337-2081 Telephone: (313) 974-1740 FOR THE International Union, United Automobile, Aerospace & Agricultural Implement Workers of America (UAW): _________________________________ Ralph O. Jones, Attorney 8000 East Jefferson Avenue Detroit, MI 48214 Telephone: (313) 926-5216 FOR THE GENERAL MOTORS CORPORATION AREA DIRECTOR FOR THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION DATE __________________
NOTICE TO EMPLOYES
The law gives you or your representative the opportunity to object to any abatement date set for a violation if you believe the date to be unreasonable. Any contest to the abatement dates of the citations noted in Paragraph 1 of this Settlement Agreement must be mailed to the U.S. Department of Labor Area Office at 420 West Main, Suite 725, Oklahoma City, OK 73102, within fifteen (15) working days (excluding weekends and Federal holidays) of the receipt by the Employer of the notification of proposed penalty. You or your representatives also have the right to object to any abatement dates set for violations referred to in this Agreement, provided that the objection is mailed to the office shown above within the fifteen (15) working-day period established by the notification of proposed penalty.
MEMORANDUM OF AGREEMENT
This Agreement is entered into by the United States Department of Labor, Occupational Safety and Health Administration, General Motors Corporation and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America to further the health and safety of General Motors employes nationwide, to facilitate cooperation between government, labor and industry regarding ergonomics and to prevent litigation and expenses to all parties.
1. ERGONOMICS GENERAL RECOGNITION LANGUAGE
1.1 The parties to this agreement recognize that cumulative trauma disorders (hereinafter "CTDs") are an occupational illness present in the automobile industry.
1.2 The parties also recognize that the control of CTDs is a complex issue often requiring the application of a number of different control methods and technologies that may differ from operation to operation. These include an ergonomically safe design - which includes feasible engineering controls that materially reduce or eliminate job related CTD stressors, e.g. force, position, repetition and vibration; employe and supervisory training and education; early recognition of the problem; early and proper medical diagnosis, treatment, care, and follow-up; and feasible administrative controls.
1.3 The term CTD shall include but is not limited to the following conditions:
CTDs are chronic soft tissue problems of the musculoskeletal and peripheral nerve system. Examples of specific diagnoses within this class of disorders includes tendonitis, tenosynovitis, synovitis, carpal tunnel syndrome, stenosing tenosynovitis of the fingers (trigger finger), epicondylitis (tennis elbow or golfer's elbow), and low back strain.
1.4 For the first six years of this Agreement, the parties shall meet on an annual basis to discuss General Motors progress in dealing with CTDs. The contact persons for initiation of such meetings shall be the General Director of Occupational Safety and Health for the Corporation and the Deputy Director for Compliance Programming of OSHA and the UAW Coordinator for Health and Safety at General Motors. Statistical data regarding training, information concerning medical management, number of jobs identified as high risk, number of employes at risk, and results of job analysis and implementation of controls shall be included among the subjects to be discussed at these meetings.
1.5 Within 90 days after execution of this agreement, General Motors shall provide the Secretary with the name of a management contact person for each facility identified in Appendices A to D and covered by this Agreement. The UAW International Union, General Motors Department shall also provide the Secretary with the name of a local union contact person for each facility represented by the UAW. The plant management and union contact persons for each facility covered by this Agreement shall meet with the appropriate OSHA Area Directors by March 31, 1991, and as necessary thereafter to discuss activities undertaken by the facility pursuant to this agreement. Either OSHA, General Motors or the union can request a meeting. The items for discussion at these meetings shall include those identified in Section 1.4.
2. THE GENERAL MOTORS ERGONOMICS PROGRAM
2.1 General Motors and the UAW have conducted an ergonomics pilot program with the University of Michigan which will result in a final report. General Motors will establish an ergonomics program for all production and maintenance employes at each covered facility which effectively implements this agreement and the recommendations of the pilot program which are consistent with this Agreement. The program will include the following five elements: (1) establishment of an Ergonomics Committee (EC) or similar entity; (2) job analysis; (3) hazard control; (4) employe training; and (5) medical management. This section of the Agreement addresses the establishment of the EC.
2.2 General Motors will provide training to plant personnel responsible for the conduct of the ergonomics program at each facility. Practical Ergonomics training (PET) for facility personnel, as described below, will be provided by teams of trainers, each consisting of one management employe designated by General Motors and one hourly employe designated by the UAW General Motors department for UAW represented locations. A sufficient number of training teams will be appointed to train plant ergonomics committees within the time specified below.
The training teams will be taught to deliver PET using a set of audio visual aids, written materials, and hands on training to be developed by the UAW-GM Center for Health and Safety, based on the course used for the Ergonomics Pilot Program.
Each member of the training teams will receive a minimum of 3 weeks of preparation. This preparation will include an evaluation of the preparation by a recognized expert in ergonomics selected by General Motors and the UAW. For UAW represented facilities the training will be conducted by the UAW-GM Center for Health and Safety.
The designation and preparation of these PET training teams shall be completed no later than April 7, 1991.
2.3 Each facility covered by this Agreement shall establish an EC which shall implement the ergonomic program developed pursuant to this Agreement as set forth in 2.1. The EC will also be responsible for review and follow-up of the program as a whole and of individual components of the program, including job analysis and hazard control, to assure that ergonomic hazards are materially reduced or eliminated to the extent feasible. The EC shall consist or: the plant manager, the UAW chairman of the shop committee who shall serve as ex officio chairpersons of the EC; the health and safety representatives of both management and union shall serve on the working committee. The union health and safety representative shall serve as co-chairperson of this working committee. Management shall select a co-chairperson from among a medical staffer, a supervisory employe, an engineering employe or the management health and safety representative, with the others serving as committee members. The union shall also select a skilled trades employe, union committee person and production employe to serve on the committee.
At plants where there is no full time health and safety representative, the plant manager and the person appointed by the International Union to function with regard to health and safety matters shall conduct the program to accomplish the goals of this Agreement.
The EC shall meet at least at a minimum on a monthly basis at plants where there is a full time union health and safety representative to review and direct facility implementation of this Agreement. The EC for each facility shall be established no later than the following schedule:BLOCK A April 8, 1991 BLOCK B January 8, 1992 BLOCK C June 3, 1992 BLOCK D October 5, 1992.
2.4 Designated personnel from each facility, at a minimum the local union health and safety committee person and the person who maintains the OSHA records, shall attend 40 hours of injury/illness analysis training conducted by the UAW-GM Center for Health and Safety, or other appropriate entity. This training will be completed by March 29, 1991. The EC may send other persons to attend injury/illness analysis training, where appropriate. Upon completion of this training, the personnel will implement the injury/illness analysis system at that facility. Either "CHRIS" or "Bowling Green" recordkeeping systems may be used where they generate comparable analyses. The initial injury/illness analysis shall be completed no later than April 25, 1991.
2.5 After establishment of the EC at each facility and completion of the recordkeeping and analysis system described in paragraph 2.4, a training team will provide the working membership of the EC with practical ergonomics training consisting of no less than 40 hours, encompassing the four disciplines described below: job analysis, hazard control, employe training and medical management. This training will also be available to the plant manager and union chairperson. The training of an EC at each facility will be accomplished no later than the following schedule:BLOCK A July 11, 1991 BLOCK B May 13, 1992 BLOCK C October 7, 1992 BLOCK D February 12, 1993.
2.6 The EC will monitor the implementation of the Agreement at its facility. Where necessary, General Motors will make available individuals with professional training and/or competence to the EC to assist with difficulties in the implementation of the program.
2.7 General Motors agrees to utilize outside consultants in situations where in-house efforts concerning reduction of job ergonomic stressors are not successful. General Motors reserves the right to disagree with the consultant's recommendations, in such cases the recommendations will be forwarded to the National Joint Committee on Health and Safety, on request. The consultant's reports will be made available to the EC and they may submit them to the National Joint Committee for review.
2.8 The ergonomics program at each facility will operate on a continuous basis. In particular, hazard abatement and controls shall proceed as expeditiously as feasible. Nothing in this Agreement or in the pilot program which provides for union involvement in the ergonomics program shall relieve General Motors of its ultimate responsibility under the Act.
2.9 Facilities that have initiated elements of this program shall not be required to repeat those elements.
3. JOB ANALYSIS: The EC at each facility will establish a written job analysis program consisting of the following components.
3.1 Analyze the facility's injury and illness experience, utilizing the OSHA 200 Log, OSHA 101 forms related to potential ergonomic illness, workers' compensation reports and work-related sickness and accident data to identify jobs with potential ergonomic hazards. A minimum of one year or a statistically valid sample of data shall be analyzed.
3.2 Conduct a baseline symptoms survey of all employes at the time of awareness training to identify additional jobs which may contain risk factors for CTD and to measure progress of the ergonomic program. The survey shall be the Symptoms Questionnaire developed by the pilot program, or its equivalent. A follow-up survey shall be conducted during the third year following implementation of the program, and shall be repeated approximately 24 months thereafter. This time period can be extended up to 6 months by the EC to take advantage of production down time or other scheduling efficiencies.
3.3 Establish priorities and timetables to institute feasible corrective action. The EC will review and revise the priorities as necessary, taking into account such information as job change, new injury and illness analysis, and model changes.
3.4 Survey and evaluate each facility job identified under 3.1 and 3.2 using the basic job checklist developed by the pilot program or an equivalent agreed upon by General Motors and the UAW, and concurred with by OSHA, to determine the existence of ergonomic risk factors. The analysis will be conducted by persons who have completed practical ergonomic training or its equivalent. Job analysis and redesign will be conducted with input from employes whose jobs will be affected by the modification.
All other jobs will be evaluated to determine the existence of ergonomic risk factors. For these jobs, General Motors and the union may develop and use another evaluation instrument that is approved by an ergonomic professional and concurred with by OSHA.
3.5 The first plant-wide cycle of the job analysis program shall be completed at each facility no later than the following schedule:BLOCK A October 6, 1994 BLOCK B July 11, 1995 BLOCK C November 2, 1995 BLOCK D March 7, 1996.
3.6 General Motors agrees to establish an information-sharing system which can be used by all facilities for the purposes of identifying ergonomic stressor jobs, jobs which pose a low risk of CTD and possible corrective actions.
4. IMPLEMENTATIONS OF CORRECTIVE MEASURES. Based on the results of the job analysis program, each facility shall implement feasible measures to control ergonomic risk factors.
4.1 Engineering Controls: General Motors shall consider an appropriate combination of feasible engineering controls including the following:
4.1.1 Reduction of extreme postures through such measures as re-design and re-orientation of tools, parts and equipment, and providing adjustable fixtures and work stations.
4.1.2 Reduction of excessive force by such means as automation, use of mechanical devices, power tools, and job redesign to allow mechanically advantageous postures.
4.2 Work Practice and Administrative Controls: As interim abatement measures pending engineering changes or when engineering changes are determined to be insufficient to significantly reduce the ergonomic stressors that has caused or are likely to cause CTD, General Motors shall implement feasible work practices or administrative controls including job enlargement, rotation, and the reduction of the amount of repetitive motion per employe per shift.
4.3 General Motors shall inform and familiarize affected employes in the controls implemented at their work station and in their use. (This information shall be in addition to the training referred to in Section 5.3.)
4.4 The facility will maintain documentation of modification activity, including the job or workstation identified for modification, number of workers affected, the nature of modification, the projected completion date, the actual completion date, and, where available the cost of the modification when completed. Where abatement is delayed, the reasons for delay will be recorded along with a new abatement date.
Many ergonomic hazards can be abated by engineering change within days or weeks of completion of job analysis. A good faith effort will be made to accomplish abatement of identified ergonomic hazards at a particular job or work station within six months of completion of job analysis. Reasons for delay beyond the six months will be documented.
4.5 The facility will include in its business plan approval and initiation of job modification to materially reduce or eliminate risk factors for CTD.
4.6 Implementation of corrective measures for the first plant wide cycle will be completed at each facility according to the following schedule:BLOCK A April 14, 1995 BLOCK B January 22, 1996 BLOCK C May 10, 1996 BLOCK D September 18, 1996.
4.7 General Motors agrees to consider and implement feasible ergonomic safe work-place design into the production lines of new model vehicles and products. For production lines currently in development, such design shall take into account the stage of development.
5. TRAINING -- GENERAL. Ergonomics training will be conducted for personnel at all General Motors facilities covered by this Agreement.
5.1 Practical Ergonomics Training. Appropriate personnel will receive practical ergonomics training in the use of the basic job/risk factor checklist referenced in Section 3.4, problem identification and implementation of ergonomic solutions. This training shall be approximately 40 hours, consisting of classroom and hands on problem solving techniques. Candidates for this training shall be selected at each location based on plant needs. The working members of the EC and an adequate number of other personnel will be trained to conduct job analysis and oversee job modification according to the goal specified in Section 4 above. Select health and safety, industrial engineering, manufacturing, medical, skilled trades and union personnel shall receive this training. Trainees will be selected by management and union representatives at each location. In general, non- engineering trainees will include at least an equal number of hourly employes designated by the union. This training will be completed according to the schedule in Section 2.5.
5.2 Medical Department Staff Education and Training. General Motors agrees to design and implement a CTD education and training program for appropriate medical department staff that render medical care related to CTD. Referrals will be made only to outside medical personnel competent to diagnose and treat CTD.
5.2.1 The program shall include the normal anatomy of the upper extremity, neck and low back. The identification, assessment, treatment, restrictions, referral, and follow-up of CTDs will be covered. The frequently occurring occupationally induced CTDs, such as carpal tunnel syndrome, tennis elbow, tendonitis, tenosynovitis, trigger finger, cervical spine strain, low backstrain and epicondylitis will be emphasized.
5.2.2 All medical department staff that render medical care related to CTD will also receive an introduction to ergonomics which includes the effect of poor job design, identifying priority problem jobs, evaluation of job stressors, and developing and implementing ergonomic solutions.
5.2.3 General Motors shall authorize medical department personnel to attend education and training conferences that address CTD. Additionally, educational tools such as regional conferences, tele-conferences and corporate conferences shall be utilized. Where practical, conference proceedings will be videotaped and made available to medical personnel who do not attend the conference.
5.2.4 Medical Department education and training program will be developed by February 7, 1991.
5.3 Employe Education and Training. General Motors agrees to design and implement an ergonomics awareness education and training program for production and maintenance employes, including immediate and general supervisors, at all facilities covered by this Agreement. This program will be developed by June 9, 1991 and will be given to all these employes according to the following schedule:BLOCK A May 11, 1992 BLOCK B March 16, 1993 BLOCK C August 9, 1993 BLOCK D December 13, 1993.
5.3.1 General ergonomics awareness training of at least one-half hour in length will be conducted for these employes, at all facilities covered by this Agreement. The training will be administered to newly hired employes during new-hire orientation or in rare exceptions as soon as practicable, but no later than 15 working days.
5.3.2 The training and education program will include a general introduction on ergonomics including the topics of force, frequency, and posture. The program shall also include the etiology and recognition of CTD symptoms, the existence of the EC and the need to report early CTD symptoms to the facility medical department. During this training, the symptom survey referenced in Section 3.2 shall be administered.
5.3.3 All newly hired and transferred employes that are assigned to a high risk job will be informed on the proper use of the tools and equipment required to be used in the performance of their assigned duties.
5.3.4 General Motors shall review with employes the application of ergonomic principles to the prevention of CTD regarding their jobs on a semi-annual basis during regular safety talks.
6. MEDICAL PROGRAM. General Motors shall establish a medical management program of early detection and treatment of CTDs at each of the covered facilities by October 10, 1991.
6.1 The program shall include provisions for the training of all medical department staff (as also outlined in Section 5.2.) in the principles of ergonomics and in the identification, assessment, treatment and rehabilitation of employes with CTDs.
6.2 General Motors will ensure the availability of employe health care services. The number or existence of on-site medical department staff will depend on the size and individual circumstances of each facility.
6.3 The medical department staff shall conduct periodic work place walk-throughs to remain knowledgeable about operations and work practices, assist in identifying jobs appropriate for restricted employes, and maintain close contact with the employes. The medical department staff members of or working with the EC will be involved in identifying risk factors for CTDs in the work place.
6.4 A baseline survey designed to measure on a plant-wide basis the extent of symptoms of work-related disorders (as also described in Section 3.2), is to be completed according to the schedule in Section 5.3 of this Agreement. General Motors shall utilize a uniform questionnaire for employes, the results of which may be collected and processed by automated process, e.g. computer.
6.5 All newly employed production and maintenance employes will receive a baseline health examination prior to assignment to positions involving exposure to ergonomic stressors. The baseline health examination will be documented and filed with the employe medical records.
6.6 Employes will be encouraged by the medical department staff and line supervisors to report early signs and symptoms of CTDs to the facility medical department. Employes shall not be discriminated against because they request and visit the medical facilities or because they have diagnosed CTD problems or are at increased risk.
6.7 General Motors will use the following approach to evaluate, treat, issue restrictions and follow-up for CTDs:
6.7.1 An employe with a possible CTD will be encouraged to report to the facility medical department. A screening and occupational history by a physician or nurse will be performed to identify the location, duration and onset of the complaint. A brief non- invasive screening examination for the evaluation of a possible CTD will be performed.
6.7.2 Treatment, if indicated, will be initiated in the facility medical department and/or at an approved outside medical clinic. When no physician or nurse is present at a facility, an employe will be referred to an approved outside medical clinic.
6.7.3 Restricted employes will be placed on appropriate jobs consistent with their capabilities and limitations with input from the medical department or approved outside medical clinic. The placement procedure shall be as follows. Medical personnel will issue a medical restriction clearly describing the motion or activity that is to be avoided or reduced. Personnel responsible for placement of an employe shall be familiar with the elements of a job prior to assignment to any employe with a medical restriction. Employes shall only be placed on jobs within their medical restrictions. An employe may request a re-evaluation of their medical restrictions or job assignment, if a problem occurs in performing the activities of the assigned job.
6.8 A uniform medical management protocol for CTDs will be developed and implemented at each of the facilities covered by this Agreement. All General Motors physicians and nurses will be trained to use this protocol which will include the following:
6.8.1 Standardized physical examination, medical history and recording form. The examination will at least include inspection, palpation and range of motion testing.
6.8.2 Specified protocols for the treatment of employes with positive physical signs on examination, and follow-up of those with symptoms but no physical signs. Splints shall not be used during working activities as a measure to prevent deviation or supination of the wrist or forearm on operations identified as being a risk to CTD.
6.8.3 Reevaluation shall be scheduled in no less than three working days. If based on competent medical judgment the condition worsens, where appropriate, the EC shall initiate job analysis consistent with Section 3 of this Agreement. If the condition is unchanged, a further evaluation shall be scheduled in no less than three working days.
6.8.4 Employes will be advised by General Motors and the UAW of the advantages of seeking a second opinion regarding any recommendations for surgery for occupationally related CTD. All employes requesting a second opinion shall be referred by General Motors to a physician recommended or approved by General Motors and the UAW, where permitted by applicable state law.
6.9 Every encounter to evaluate, treat and/or follow-up of employes with complaints of a CTD will be documented by the physician or nurse on the employe's medical record.
7. ERGONOMICS AUDIT
7.1 General Motors agrees to establish an ergonomics program audit at all General Motors facilities to ensure the effectiveness of the ergonomics program, including a review of the implemented controls at all facilities covered by this Agreement. The audit will also ensure that each EC is functioning as described. During the first cycle for each facility, the audit will be conducted on an annual basis. The initial audit for facilities listed in BLOCK A shall commence on or about April 8, 1992. Other audits shall be conducted according to the following schedule:BLOCK B January 8, 1993 BLOCK C June 3, 1993 BLOCK D October 5, 1993.
7.2 To assess the activities of the EC, General Motors agrees that the audit procedure will include the following.
7.2.1 Confirm that facility management has reviewed the program and pledged its support for the activities of the EC.
7.2.2 Review selected EC agendas which direct the focus of each meeting and meeting minutes.
7.2.3 Confirm that the EC is analyzing the facility's injury and illness experience data to identify and prioritize jobs that may require corrective action and ensure that priorities are appropriately set and accomplished in acceptable time frames.
7.2.4 Review selected records referred to in 4.4 of EC actions taken since the last ergonomics audit.
7.2.5 Review a selected representative sample of engineering control changes addressed by the EC since the last ergonomics audit.
7.2.6 Conduct selected interviews to determine the success of implemented solutions and employe awareness of potential ergonomic hazards. Determine if these employes are utilizing controls that have been put in place.
7.2.7 Review a selected representative sample of equipment and building facilities to determine if ergonomic considerations are part of the design.
7.3 Audit Findings and Recommendation: Audit findings and recommendations will be shared with the EC and provided to the National Joint Committee on Health and Safety. The EC's successes and deficiencies will be discussed. Local management will be required to respond to all recommendations of the audit team in a timely manner. Audit information will be available for review at the OSHA Area Offices when the parties meet pursuant to paragraph 1.5.
8.1 General Motors will assure that injury and illness recordkeeping is performed consistent with applicable OSHA standards and appropriate BLS Guidelines regarding injury and illness recordkeeping. With regard to certain aspects of recordkeeping, the following procedures will be instituted at all facilities covered by this Agreement.
8.1.1 General Motors shall determine for all employes visiting the plant medical facility for medical attention whether their medical complaint is caused or aggravated by work. Work related injuries and illnesses meeting the criteria for recording will be entered on the log pending final determination of causation.
As part of the inquiry on this issue, all employes visiting the plant medical facility for medical care will be asked whether their medical complaint is caused or aggravated by work. Where the employe states that an injury or illness is work related, and that injury or illness otherwise meets the criteria for recording, that case will be entered on the log pending final determination of causation.
8.1.2 Injuries and illnesses for which workers' compensation claims are filed, and sickness and accident claims for which occupational causation is claimed will be reviewed and recorded in accordance with applicable recordkeeping criteria.
8.1.3 Instances where employes are granted medical restrictions or job transfers as a result of injuries or illnesses claimed to be of occupational origin will be reviewed. Those which meet the criteria for recording will be entered on the log.
8.1.4 Where a case is removed from the log, the reasons will be documented and the record of the rationale maintained. These records will be available to the Secretary of Labor and, with regard to employes they represent, to the union health and safety representative of such employes.
8.1.5 General Motors will audit a random sample of medical records in which an occupational injury or illness is documented, workers' compensation claims, and sickness and accident benefit claims for which occupational causation is claimed against the OSHA 200 log. General Motors will provide OSHA with a detailed description of its random sample procedures and how they will be utilized within 60 days of the date of the execution of this Agreement.
Based on these audit elements, each facility will certify that the OSHA 200 log is correct, or review and correct records going back a minimum of one year or a period of time necessary to establish a statistically valid sample of records. The audit period will extend six (6) months from the date of this Agreement and the correction period will be six (6) months from completion of the audits.
8.1.6 OSHA agrees that it will not inspect nor issue citations for recordkeeping violations at any General Motors facility covered by this Agreement during the audit and correction period specified in paragraph 8.1.5. OSHA further agrees that additions and modifications to correct deficiencies in the records pursuant to General Motors obligations under this Agreement shall hereafter not be subject to citation. Once records have been corrected pursuant to this Agreement, OSHA agrees that the previous records shall hereafter not be subject to citation. The person certifying the OSHA 200 log in each facility, who shall be a plant management official, shall assure that OSHA recordkeeping was accomplished in accordance with applicable regulations and recordkeeping guidelines.
8.1.7 Nothing in this Agreement is intended to alter or change the rights or responsibilities of the parties with regard to recordkeeping under 29 CFR 1904 or access to records under 29 CFR 1910.20 or 29 CFR 1913.10.
9. GENERAL PROVISIONS
9.1 Ergonomic Reports. GM shall report in writing, for the required time period of this Agreement, on the implementation of its ergonomic program at each covered facility to the OSHA Area Office having jurisdiction. Such reports shall be submitted quarterly beginning with the establishment of an EC at the facility. When the EC has functioned for 2 years, reports may be submitted semi-annually unless otherwise agreed upon by the local parties.
9.1.1 The reports shall describe in sufficient detail the activities taken by the company at each facility under this program during the period since the last report, including information such as the number of employes receiving training, the number of employes treated for CTDs and the types of treatment received, the extent to which rest pauses, job enlargement and job rotation have been used to mitigate the effects of specific ergonomic stressors causing or likely to cause CTDs, the control measures implemented to control the development of CTDs projected engineering controls and the schedule for their implementation and administrative controls, including work practice controls. General Motors can develop a common form which may be utilized to satisfy the reporting requirement of this paragraph.
9.1.2 Where engineering controls recommended by an outside consultant are rejected by the EC, an explanation shall be provided to the Area Director as part of the quarterly report.
9.1.3 Documents describing Corporate-wide programs for implementation at all facilities (e.g., the engineering control plan, to training program the medical management program, the job analysis program, the injury and illness analysis program) shall be supplied to the Director of Compliance Programs within sixty (60) days after implementation.
9.1.4 Any and all documents relevant to the implementation of this Agreement shall be made available to OSHA upon request.
9.2 The reports referenced in Section 9.1 shall be furnished to appropriate employe collective-bargaining unit representatives of the EC or, where no such unit exists, to the local joint safety and health committees. Information provided to OSHA under this section shall be provided to the national joint committee on health and safety, upon request.
9.3 Entry Onto Company Facilities. General Motors agrees to allow OSHA access to each of its facilities covered by this Agreement to determine progress and compliance with this Agreement and to conduct compliance inspections under the Occupational Safety and Health Act. OSHA agrees that, assuming implementation of the Agreement by the Corporation, it shall not conduct general schedule inspections as to CTD issues, except that OSHA may conduct baseline and monitoring inspections to determine compliance with this Agreement. OSHA also retains the right to conduct all other types of inspections permitted under the OSH Act. OSHA agrees not to issue CTD related citations, unless the Corporation is determined by OSHA not to be implementing this Agreement in good faith, or if it is determined by OSHA that an ergonomic issue is not being reasonably addressed at a facility.
9.4 Procedure for Resolving Disputes. If the Secretary disagrees with General Motors determination of (1) whether a job presents ergonomic hazards; (2) whether the ergonomic hazards have been abated; or (3) the feasibility of recommended abatements, she will state her points of disagreement, and the reason or reasons she disagrees, in writing so that General Motors and the union can review them. The Secretary, General Motors, and the Union, will then engage in good faith discussions to resolve the disagreement. This paragraph is not intended to limit the Secretary's right to use, as appropriate, enforcement methods provided by the Act consistent with the provisions set forth in Section 9.3.
9.5 If General Motors has proceeded in good faith in complying with the terms of this agreement and an extension of any time specified in this agreement are needed, OSHA will agree to a reasonable extension of time for compliance, requested pursuant to 29 C.F.R. 1903.14(a)(b).
9.6 Compromise of Disputed Claims. This Memorandum of Agreement or the statements and findings made by General Motors in connection herewith or hereafter in fulfilling its obligations hereunder do not constitute an admission by General Motors of any violation of the OSH Act, or any guidelines, regulations or standards promulgated thereunder. This Memorandum of Agreement shall not be used in any proceeding before any court, agency, commission or any other body except for further proceedings under the OSH Act.
9.7 Term of Memorandum of Agreement. This Agreement shall commence as of November 19, 1990, and shall continue until September 18, 1996. Thereafter, it shall continue in effect unless either OSHA or the General Motors Corporation gives the parties 60 days notice of termination.
9.8 Covered Facilities. This Agreement covers General Motors facilities described in Appendices A to D to this Agreement.
9.9 State Plans. General Motors and OSHA recognize that certain of the facilities covered by this agreement are located in states which have assumed authority for the enforcement of OSHA standards pursuant to Section 18 of the Occupational Safety and Health Act. (The plants are followed by an asterisk (*) in Appendices A to D).
9.9.1 The states are encouraged to honor or agree to the terms of this agreement, and to this end OSHA agrees to contact state plan states to inform them of the terms of this Agreement. It is General Motors intent to notify and/or meet with each relevant state OSHA authority to attempt to reach an understanding regarding the application of this Agreement.Dated this 19th day of November, 1990. For Secretary of Labor For General Motors Corporation: U.S. Department of Labor: __________________________ _____________________________ __________________________ _____________________________ __________________________ For United Automobile Workers: _____________________________ _____________________________ MEMORANDUM OF AGREEMENT BLOCK A PLANTS AC ROCHESTER DIVISION * FLINT - EAST (7925) 1300 North Dort Highway - Flint, MS 48556 ALLISON GAS TURBINE * INDIANAPOLIS (4096) P.O. BOX 420 - Indianapolis, IN 46206 ALLISON TRANSMISSION * INDIANAPOLIS (4925) P.O. Box 894 - Indianapolis, IN 46206-0994 BOC GROUP (Cadillac Division) * DETROIT HAMTRAMCK (3068) 2500 East Grand Boulevard - Detroit, MI 48211 (Flint Automotive Division) * KALAMAZOO (2966) 5200 East Cork Street - Kalamazoo, MI 49001 WENTZVlLLE (5269) P.O. Box 444 - 1500 East Route A - Wentzville, MO 63385 (Lansing Automotive Division) * LANSING ASSEMBLY (9890) 920 Townsend - Lansing, MI 48921 * LANSING FABRICATION (3678) 920 Townsend - Lansing, MI 48921 * LANSING OPERATIONS (1184) 920 Townsend - Lansing, MI 48921 LORDSTOWN FABRICATING (2604) 2369 Ellsworth - Bailey, OH 44482 CENTRAL FOUNDRY DIVISION * SAGINAW GREY IRON (3239) 1629 North Washington - Saginaw, MI 48605 * FACILITY LOCATED IN A STATE PLAN STATE CPC GROUP MANSFIELD (3275) 2525 West 4th Street - Mansfield, OH 44906 OKLAHOMA CITY (5283) P.O. Box 26527 - Oklahoma City, OK 73126 DELCO ELECTRONICS DIVISION * FLINT (2790) 1300 North Dort Highway - Flint, MI 48556 MILWAUKEE (1296) 7929 South Howell - Oak Creek, WI 53154 DELCO MORAINE - NEW DEPARTURE HYATT BRISTOL (738) 780 James P. Casey Road - Bristol, CT 06010 DELCO PRODUCTS DIVISION * LIVONIA (2000) 13000 Eckles Road - Livonia, MI 48151 DELCO REMY DIVISION * ANDERSON (5756) 2401 Columbus Avenue - Anderson, IN 46018 (INCLUDES PLANT 46) GM ENGINE DIVISION * DELTA ENGINE (1037) 920 Townsend - Lansing, MI 48921 * LANSING ENGINE 1 & 3 (2080) 920 Townsend - Lansing, MI 48921 HARRISON RADIATOR DIVISION LOCKPORT (5321) 200 Upper Mountain Road - Lockport, NY 14094 HYDRA-MATIC DIVISION TOLEDO (4569) 1455 West Alexis Road - Toledo, OH 43612 INLAND FISHER-GUIDE DIVISION EUCLID (1200) 20001 Euclid Avenue - Euclid, OH 44117 * LIVONIA (1880) 28400 Plymouth Road - Livonia, MI 48150 TRENTON (2300) 1445 Parkway Avenue - Trenton, NJ 08650 SAGINAW DIVISION ATHENS (3200) P.O. Box 311 - Athens, AL 35611 SERVICE PARTS OPERATIONS * DRAYTON PLAINS (642) 5260 Williams Lake Road - Drayton Plains, MI 48020 * LANSING (1182) 4400 West Mount Hope Road - Lansing, MI 48917 * PONTIAC (1100) 1251 Joslyn Road - Pontiac, MI 48055-2956 TRUCK & BUS GROUP * FLINT ASSEMBLY (6000) Van Slyke at Atherton Road - Flint, MI 48551 MEMORANDUM OF AGREEMENT BLOCK B PLANTS AC ROCHESTER DIVISION * FLINT - WEST (2802) 300 North Chevrolet Avenue - Flint, MI 48555 MILWAUKEE (1120) 7929 South Howell - Oak Creek, WI 53154 SIOUX CITY (199) 1805 Zenith Drive - Sioux City, IA 51103 BOC GROUP (Cadillac Division) * CLARK STREET (919) 2860 Clark Street - Detroit, MI 48232 * GRAND BLANC (2966) P.O. Box 1730 - Flint, MI 48501 (Flint Automotive Division) * BUICK CITY (6686) 902 East Hamilton - Flint, MI 48550 * FLINT OPERATIONS (1613) 902 East Hamilton - Flint, MI 48550 (Lansing Automotive Division) LORDSTOWN ASSEMBLY (8271) P.O. Box 1406 - Warren, OH 44482 CENTRAL FOUNDRY DIVISION DEFIANCE (3720) P.O. Box 70, Defiance, OH 43512-0070 CPC GROUP ARLINGTON (3733) 2525 East Abram Street - Arlington, TX 76010 * BOWLING GREEN (1095) 600 Corvette Drive - Bowling Green, KY 42102 DORAVILLE (3988) 3900 Motors Industrial Way - Doraville, GA 30360 * GRAND RAPIDS METAL FAB (2811) 300 - 36th Street, SW - Grand Rapids, MI 49508 TARRYTOWN (4143) 199 Beekman Avenue - North Tarrytown, NY 10591 * FACILITY LOCATED IN A STATE PLAN STATE DELCO ELECTRONICS DIVISION * KOKOMO (6731) 700 East Firmin Street - Kokomo, IN 46904-9005 DELCO MORAINE - NEW DEPARTURE HYATT FREDERICKSBURG (286) 3401 Tidewater Trail - Fredericksburg, VA 22401 DELCO REMY DIVISION * FITZGERALD (354) P.O. Box 1071 - Perry House Road - Fitzgerald, GA 31750 ELECTRO-MOTIVE DIVISION LA GRANGE (3099) 9301 West 55th Street - LaGrange, IL 60525 GM ENGINE DIVISION * FLINT ENGINE V-6 (3243) 902 East Hamilton - Flint, MI 48550 * FLINT ENGINE V-8 (3494) G-3248 Van Slyke Road - Flint, MI 48552 TONAWANDA ENGINE (3774) P.O. Box 21 - Buffalo, NY 14240-0021 HARRISON RADIATOR DIVISION BUFFALO (572) 56 Clyde Avenue - Buffalo, NY 14215 HYDRA-MATIC DIVISION * FLINT (3091) 302 East Hamilton - Flint, MI 48550 * WARREN (3328) 23500 Mound Road - Warren, MI 48091 INLAND FISHER-GUIDE COLUMBUS (2312) 200 Georgesville Road - Columbus, OH 43228 * FLINT (1627) G-1245 East Coldwater Road - Flint, MI 48559 SAGINAW DIVISION * SAGINAW (8060) 3900 Holland Road - Saginaw, MI 48605 SATURN CORPORATION * MICHIGAN 1400 Stephenson Highway - Troy, MI 48083 * TENNESSEE Highway 31 South - Spring Hill, TN 37174 SERVICE PARTS OPERATIONS * FLINT (1182) 6060 West Bristol Road - Flint, MI 48554 FORT WORTH (485) P.O. Box 40370 - Ft. Worth, TX 76140-0370 MARTINSBURG (435) P.O. Box 1248 - Martinsburg, WV 25401 PHILADELPHIA (544) P.O. Box 2000 - Bensalem, PA 19020 ST. LOUIS (523) 5801 North Lindbergh - Hazelwood, MO 63042 * WILLOW RUN (461) 50000 Ecorse Road - Belleville, MI 48111 TRUCK & BUS GROUP * FLINT METAL FAB (3714) G-2238 West Bristol Road - Flint, MI 48553 * FORT WAYNE ASSEMBLY (2831) 12200 West Lafayette Center - Roanoke, IN 46783 MEMORANDUM OF AGREEMENT BLOCK C PLANTS AC ROCHESTER DIVISION * COOPERSVILLE (844) 999 West Randall Road - Coopersville, MI 49404 * GRAND RAPIDS (1183) 2100 Burlingame Road SW - Grand Rapids, MI 49501 BOC GROUP (Cadillac Division) * FLINT TOOL & DIE (309) 10080 South Saginaw - Flint, MI 48439 * REATTA CRAFT CENTRE (718) 920 Townsend - Lansing, MI 48921 (Lansing Automotive Division) PITTSBURGH FABRICATION (1184) P.O. Box 158 - McKeesport, PA 15134 WILMINGTON ASSEMBLY (3408) P.O. Box 1512 - Wilmington, DE 19899 CENTRAL FOUNDRY DIVISION * BEDFORD (1267) P.O. Box 271 - Bedford, IN 47421-0271 DANVILLE (1412) P.O. Box 592 - Danville, IL 61832-0592 MASSENA (238) P.O. Box 460 - Massena, NY 13662-0460 CPC GROUP * DETROIT PLANT #37 (124) 950 East Milwaukee - Detroit, MI 48211 * MARION (3045) 2400 West Second Street - Marion, IN 46592 PARMA (3811) Chevrolet Boulevard - Box 30098 - Cleveland, OH 44130 * PONTIAC ENGINE, AXLE One Pontiac Plaza - Pontiac, MI 48053 & PRESS METAL (4532) * FACILITY LOCATED IN A STATE PLAN STATE DELCO MORAINE - NEW DEPARTURE HYATT * SAGINAW (1304) 2328 East Genesee - Saginaw, MI 48605 SANDUSKY (1792) 2509 Hayes Avenue - Sandusky, OH 44870 DELCO REMY DIVISION ALBANY (391) P.O. Box 3210 - Albany, GA 31705 MERIDIAN (612) P.O. Box 4396 - Meridian, MS 39304 * MUNCIE (407) 4500 South Delaware - Muncie, IN 47302 OLATHE (405) 400 West Dennis - Olathe, KS 66061 GM ENGINE DIVISION * ROMULUS ENGINE (1164) 36880 Ecorse Road - Romulus, MI 48174 HARRISON RADIATOR DIVISION TUSKALOOSA (187) 3440 Kauloosa Avenue - Tuscaloosa, AL 35401-7099 HYDRA-MATIC DIVISION * WILLOW RUN (7481) 2623 Tyler Road - Ypsilanti, MI 48198 * YPSILANTI (59) Ecorse & Wiard Roads - Ypsilanti, MI 48198-6188 INLAND FISHER-GUIDE * ADRIAN (911) 1450 East Beechler - Adrian, MI 49221 * ANDERSON (3579) 2915 Pendleton Avenue - Anderson, IN 46016 * GRAND RAPIDS (1789) 2150 Alpine Avenue, NW - Grand Rapids, MI 49504 MONROE (768) P.O. Box 4707 - Monroe, LA 71211-4707 O'FALLON (229) 831 Lone Star Drive - O'Fallon, MO SAGINAW DIVISION * DETROIT - FORGE (699) 8435 St. Aubin - Detroit, MI 48212 * DETROIT - GEAR (2956) 1840 Holbrook Avenue - Detroit, MI 48212 * THREE RIVERS (844) 1 Saginaw Drive - Three Rivers, MI 49093 SERVICE PARTS OPERATIONS BOSTON (232) 505 Blue Hill Drive - Westwood, MA 02090 DENVER (89) P.O. Box 5527 - Denver, CO 80217 ATLANTA (734) 4060 Motors Industrial Way - Atlanta, GA 30360 JACKSONVILLE (116) P.O. Box 10047 - Jacksonville, FL 32207 * LIVONIA (243) 36667 Schoolcraft - Livonia, MI 48150 * LOS ANGELES (207) 14141 Alondra Boulevard - Sante Fe Springs, CA 90670 MINNEAPOLIS (130) P.O. Box 509 - Minneapolis, MN 55440 PORTLAND (104) P.O. Box 429 - Beaverton, OR 97075 TRUCK & BUS GROUP * BALTIMORE (3468) P.O. Box 148 - Baltimore, MD 21203 * DETROIT (494) 601 Piquette - Detroit, MI 48202 * INDIANAPOLIS (2822) 340 White River Parkway - Indianapolis, IN 46206 JANESVILLE (4994) P.O. Box 629 - Janesville, WI 53545 SHREVEPORT (2528) P.O. Box 30011 - Shreveport, LA 71130 MEMORANDUM OF AGREEMENT BLOCK D PLANTS AC ROCHESTER DIVISION ROCHESTER (3521) 1000 Lexington Avenue - Rochester, NY 14692-0366 WICHITA FALLS (269) 8600 Central Freeway North - Wichita Falls, TX 76304 BOC GROUP (Flint Automotive Division) * ORION (5972) P.O. Box 100 - Pontiac, MI 48056 (Lansing Automotive Division) LINDEN ASSEMBLY (3235) 1016 West Edgar Road - Linden, NJ 07036 CENTRAL FOUNDRY DIVISION * SAGINAW MALLEABLE (1221) P.O. Box 1629 - Saginaw, MI 48605-1629 CPC GROUP FAIRFAX (3843) P.O. Box 15278 - Kansas City, KS 66115-1307 * VAN NUYS (3668) 5000 Van Nuys Boulevard - Van Nuys, CA 91409-2310 * WILLOW RUN (4472) 2625 Tyler Road - Ypsilanti, MI 48197 DELCO MORAINE - NEW DEPARTURE HYATT DAYTON (3373) 1420 Wisconsin Boulevard - Dayton, OH 45401 DAYTON (696) 3100 Needmore Road - Dayton, OH 45419 DELCO REMY DIVISION LAUREL (127) P.O. Box 1981 - Laurel, MS 39440 * FACILITY LOCATED IN A STATE PLAN STATE GM ENGINE DIVISION * BAY CITY PLANT (1650) 100 Fitzgerald - Bay City, MI 48708 * LIVONIA ENGINE (1352) 12200 Middlebelt - Livonia, MI 48150 INLAND FISHER-GUIDE SYRACUSE (1428) 1000 Town Line Road - Syracuse, NY 13221 SAGINAW DIVISION BUFFALO (1887) 1001 East Delevan Avenue - Buffalo, NY 14240 TONAWANDA-FORGE (472) P.O. Box 1210 - Buffalo, NY 14240-1210 SERVICE PARTS OPERATIONS CHICAGO (458) P.O. Box 5500A - Broadview, IL 60153-6689 CINCINNATI (125) 11575 Reading Road - Cincinnati, OH 45241 CLEVELAND (42) 12990 Snow Road - Cleveland, OH 44130 COLUMBUS ACD (37) 3640 Zane Trace Drive - Columbus, OH 43228 * LAMIRADA ACD (68) 14555 Alondra Boulevard - LaMirada, CA 90638 * RENO (332) P.O. Box 555 - Sparks, NV 89432 * ROMULUS (367) 36501 Van Born Road - Romulus, MI 48174 TRUCK & BUS GROUP * PONTIAC EAST ASSEMBLY (3025) 31 Judson Street - Pontiac, MI 48058 * PONTIAC WEST ASSEMBLY (1939) 31 Judson Street - Pontiac, MI 48058 ENCLOSURE: GRAPH - GMC PROPOSED ERGONOMIC IMPLEMENTATION PLAN, REVISION DATE 7/29/90
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is to confirm the further agreement between the Secretary of Labor ("Secretary"), General Motors Corporation (GM) and the International Union, United Automobile, Aerospace and Agriculture Implement Workers of America ("UAW"), regarding the Memorandum of Agreement executed by the parties with regard to ergonomics.
The parties recognize that there are collective bargaining agreements in effect between General Motors Corporation and the International Union, UAW and its Local Unions.
The parties acknowledge that by joining in the Memorandum of Agreement, the UAW does not make any representations concerning the safety of GM's facilities and GM's compliance with the Act and regulations issued thereunder, nor does the UAW assume any obligation to third parties.
Nothing in the Memorandum of Agreement is intended to have the effect that the UAW and Joint Safety Committees, and Union officials, employes and agents be liable for any work-connected injuries, disabilities or diseases, which may be incurred by employes of GM or its subsidiaries or by third parties while on GM property.
GM and the UAW agree that noncompliance with the terms of the Memorandum of Agreement shall not create, for either of them or any UAW Local Union, any liability for monetary damages to the other.
Dated this 19th day of November, 1990.Dated this 19th day of November, 1990. For Secretary of Labor For General Motors Corporation: U.S. Department of Labor: ______________________________ _______________________________ ______________________________ _______________________________ For United Automobile Workers: _______________________________ _______________________________ UNITED STATES DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION In the Matter of: General Motors Corporation Oklahoma City Plant Oklahoma City, Oklahoma OSHA Inspection No: 1024224918 Citation No: J765/508 __________________________________/INFORMAL SETTLEMENT AGREEMENT
INFORMAL SETTLEMENT AGREEMENT
General Motors and the Occupational Safety and Health Administration (OSHA), in settlement of the above citations and penalties which were issued on June 11, 1990, hereby agree as follows:
1. General Motors agrees to correct the violations as cited in the above citations by implementing the Memorandum of Agreement (Corporate wide ergonomic program) executed concurrently with the instant Agreement. General Motors will assign those items listed in the citation dated June 11, 1990, to the local Ergonomic Committee (EC) which will make them its highest priority for review and job analysis according to the process outlined in the attached Agreement. The EC shall give priority to consideration of the abatement methods set forth in the citations in instituting abatement for the cited positions.
The parties agree that implementation of the Memorandum of Agreement consistent with the preceding paragraph, shall constitute abatement.
2. General Motors agrees to pay the penalty of $70,000.00 within thirty (30) days after execution of this Agreement.
3. General Motors hereby agrees not to contest the above citations and proposed penalties.
4. By entering into this Agreement, General Motors does not admit that it violated the Act for any litigation or purpose other than a subsequent proceeding under the Occupational Safety and Health Act.
5. General Motors agrees to immediately post a copy of this Settlement Agreement in a prominent place at or near the location of the citations referred to above. This Settlement Agreement shall remain posted until the violations cited have been corrected, or for three (3) working days, whichever is longer.Dated this 19th day of November, 1990. For Secretary of Labor For General Motors Corporation: U.S. Department of Labor: ______________________________ _______________________________ ______________________________ _______________________________ For United Automobile Workers: _______________________________ _______________________________ UNITED STATES DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION FOR GENERAL MOTORS CORPORATION FOR SECRETARY OF LABOR U.S. DEPARTMENT OF LABOR _______________________________ ____________________________
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.
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