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Standard Interpretations - (Archived) Table of Contents
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Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

May 15, 1989


FROM: BYRON R. CHADWICK Regional Administrator

SUBJECT: IBP Settlement Agreement

The attached is for your information.


April 25, 1989




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.
    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,

    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.
    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)

Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

Standard Interpretations - (Archived) Table of Contents

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