May 24, 1989
||LEO CAREY, DIRECTOR|
Office of Field Programs
||PATRICIA K. CLARK, ACTING DIRECTOR|
Directorate of Compliance Programs
||Distribution of Penalties Collected on Violation-by-Violation Cases|
Recent corporate-wide settlements have raised questions regarding recording
of penalty information in the IMIS. specifically, where several inspections
are settled with a single agreement, a single lump-sum penalty is paid. This
amount may not be directly attributable to specific cases or violations.
Thus, a new procedure is needed to ensure that IMIS records reflect the
effects of the settlement. Such a procedure is outlined below. It will be
tested beginning immediately and evaluated after six months have elapsed.
Where multiple sites are issued proposed penalties, and settled by a
corporate-wide agreement, and one penalty amount is received, the Directorate
of Compliance Programs (DCP) will make the decision as to the distribution of
the monies received.
DCP will divide the settlement amount received proportionately against the
total amount for each office involved. The appropriate Regional Office(s)
will be notified immediately, followed by a memorandum and a copy of the
check received at the National Office. Each Area Office will then enter the
designated amount into their IMIS system using an OSHA-163 form.
If you have any questions regarding this matter, please call Jeff Finch at