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U.S. Department of Labor | |
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Corporate-Wide Settlement Agreements
Raytheon Settlement Agreement - 03/24/2003 |
Corporate-Wide Settlement Agreements - Table of Contents |
| • Standard Number: | 1952 |
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UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
OSHA Inspection Nos. 303622088 and 303686604 STIPULATION AND SETTLEMENT AGREEMENT
The Secretary of Labor, United States Department of Labor, hereinafter referred to as the "Secretary," and Raytheon Aerospace, LLC, and its Successors, hereinafter referred to as "Respondent,"1 stipulate and agree as follows: I.
Serious Citation in Docket No 02-0613 The Serious Citation in Docket No. 02-0613 was previously settled by a separate Stipulation and Settlement Agreement. II.
Scope of Settlement Agreement A. The issue of fall protection for Respondent's employees who are working on aircraft is the issue extant in Docket No. 01-1383 (the "Fort Carson Citation") and Docket No. 02-613 (the "Corpus Christi Citation"). Both citations address work by Respondent's employees at federal contract worksites. The Secretary amends the citations and Respondent agrees that the citations are amended hereby to include work on aircraft owned by the United States government by Respondent's employees at all other of its federal contract worksites, excluding those worksites located in states which administer state plans approved under Section 18 of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651, et seq. (hereinafter the "Act"), that provide for state jurisdiction over private contractors working at federal facilities, establishments, installations, and enclaves including military bases, facilities and reservations as provided in an approved State plan for enforcement of State standards under 29 C.F.R. Part 1952 (hereinafter "Section 18 worksites"). Hereinafter, the worksites included in the scope of this paragraph shall be referred to as "non-Section 18 worksites." The citations are deemed amended accordingly. The states with an OSHA State Plan are encouraged to honor or to agree to the terms of this Agreement. B. Respondent agrees to enter into this corporate wide settlement agreement and to effect abatement and compliance with the Act as set forth herein with regard to fall protection at (1) Respondent's originally cited federal contract worksites, (2) at all other of its non-Section 18 worksites listed in Appendix A hereof, and (3) any new federal contract worksites that are not Section 18 worksites. C. The parties recognize that the "covered worksites" for purposes of this Agreement are limited to the fixed hanger sites at those sites described in paragraph B of this Section; "covered worksites" do not include work performed on the ramp, in the field and/or in deployment. Hereinafter, the worksites described at (1), (2) & (3) in paragraph B shall be referred to as the "covered worksites." Respondent shall prioritize its abatement efforts with regard to fall protection at the covered worksites according to the frequency/severity of employee exposure to fall hazards. In consideration of Respondent's agreement to abate and comply with regard to fall protection, the Secretary hereby vacates Repeat Citation No. 2, Item No. 1 in Docket No. 02-0613 and modifies Repeat Citation No. 1, Item No. 1 in Docket No. 01-1383 by reclassifying this citation to a serious classification and by reducing the proposed penalty for this citation from $25,000 to $7,000. The Citations and proposed penalties are deemed amended accordingly. III.
Abatement, Posting, and Payment of Penalty Respondent hereby withdraws its notices of contest to each Citation and the proposed penalties, as amended herein. In support of its withdrawal, Respondent states: A. That the violation described in Repeat Citation No. 1, Item No. 1 in Docket No. 01-1383, as amended herein, has been addressed by taking appropriate interim fall protection measures as provided in paragraph VI and that any further measures will be addressed as provided in paragraph IV.A. hereof (i.e., Fort Carson "covered worksite" is included in Section 1, Appendix A). Respondent agrees that the date of this Stipulation and Settlement Agreement (hereinafter the "Agreement") shall be the final abatement date for said item, as outlined above. Respondent further agrees that it shall comply with all applicable abatement verification provisions of 29 C.F.R. § 1903.19, including but not limited to, all certification, documentation, and posting requirements. Respondent shall certify abatement of Repeat Citation No. 1, Item No. 1, as amended herein, in Docket No. 01-1383, within ten (10) calendar days after the abatement date by mailing a letter to John J. Healy, Area Director, Englewood, Colorado Area Office of the Occupational Safety and Health Administration, stating that abatement has been completed, the date and method of abatement, and that affected employees and their representatives have been informed of the abatement. Any required abatement documentation shall be submitted along with the abatement certification. B. That affected employees are not represented by an authorized employee representative, and, therefore, a copy of this Stipulation and Settlement Agreement shall be posted at each of Respondent's "covered worksites" on _______________, at ________________________________________________________________________________________________ ________________________________________________________________________________________________ [PLEASE INSERT LOCATION WHERE AGREEMENT IS TO BE POSTED] where it may be viewed by its employees. The Agreement shall remain posted until it becomes a final order of the Commission. Where affected employees are represented by_____________________________________________________________ ______________________________________________________________________________; and, that a copy of this Stipulation and Settlement Agreement has been served on ______________________________________________________________________________________________ ______________________________________________________________________________________________, by prepaid, first class mail or personal delivery this _______ day of _______________________. That a copy of this Stipulation and Settlement Agreement shall also be posted at each of Respondent's "covered worksites" on______________________________________________________, at___________________________________ [PLEASE INSERT LOCATION WHERE AGREEMENT IS TO BE POSTED] where it may be viewed by its employees. The Agreement shall remain posted until it becomes a final order of the Commission. C. That it has paid the total penalty of SEVEN THOUSAND DOLLARS ($7,000) to the Secretary's representative. IV.
Additional Abatement A. (1) By May 10, 2003, Respondent shall conduct or cause to be conducted comprehensive safety audits to identify hazards from falls in excess of four (4) feet to which Respondent's employees working on aircraft are or may be exposed at the covered worksites listed in Section 1 of Appendix A and to determine feasible means of abatement for such fall hazards.2 A third party auditor(s) if utilized by Respondent to conduct the audits shall be selected with OSHA's concurrence. Hereinafter these audits shall be referred to as the "safety audits." The name and curriculum vitae of the auditor(s) shall be submitted to the Director, Directorate of Enforcement Programs, U.S. Department of Labor -- OSHA, 200 Constitution Ave., N.W., Room N-3119, Washington, D.C. 20210 (hereinafter the "OSHA National Office") for review. Any OSHA objections to audit candidates must have a reasonable basis and shall be made within ten (10) working days of receiving the list. The safety audits shall be performed in consultation with the appropriate contracting agency and all affected employees. Respondent shall notify the appropriate contracting officer of Respondent's conclusion for abatement methods required and of the date by which such abatement is required to be implemented under this Agreement. (2) To ensure an effective abatement implementation as outlined in this Agreement, the parties agree to each name an Agreement Liaison ("Liaison"). Each party will provide the other with the name of its Liaison, along with his/her contact information. The parties agree that the Liaison will be available to one another, as needed. (3) Within forty-five (45) calendar days after the completion of the safety audits for the worksites listed in Section 1 of Appendix A, Respondent shall contact the OSHA Liaison to review the fall protection abatement method(s) determined to be appropriate for each worksite. The review shall also include the anticipated timetable for implementation of the corrective action in accordance with the "Implementation of Abatement Re-inspection and Certification of Abatement Due" as shown in the schedule at Part IV.C. hereof. B. Upon Respondent's completion of the corrective action, the Respondent will re-inspect or cause to be re-inspected the worksite to confirm abatement has taken place. Respondent shall comply with all applicable abatement verification provisions of 29 C.F.R. § 1903.19, including but not limited to, all certification, documentation, and posting requirements. The auditor's certification may serve as Respondent's written certification of abatement to the OSHA National Office. OSHA may perform unannounced follow-up inspections to verify abatement. C. Respondent shall make or cause safety audits defined in Part IV.A.1 above to be made at the covered worksites listed in Sections 2 through 6 of Appendix A; Respondent shall implement or insure implementation of the fall protection abatement method(s) determined to be appropriate for each worksite in Sections 1 through 6 of Appendix A; and Respondent shall also comply with the certification of abatement for these worksites, all the above to be conducted according to the following schedule:
V.
New Covered Worksites If practicable, Respondent shall follow all procedures as described in Section VI herein prior to starting work at any new covered worksite. If not practicable because of time constraints or feasibility, Respondent shall conduct all such procedures within ninety (90) calendar days of starting work at the new covered worksite. VI.
Interim Fall Protection During the periods set forth above for the safety audits and abatement implementation review, Respondent shall utilize all available fall protection equipment at each covered worksite and shall thoroughly train employees in the hazards to which they are exposed and in the precautions, safe practices to be followed, and safety equipment to be utilized to minimize exposure. All training shall be done in a manner(s) understood by all employees taking into account language skills. Respondent agrees to accelerate implementation of identified, proven methods of fall protection at substantially similar work locations listed in Appendix A even though such locations are scheduled in subsequent sections of Appendix A. The parties agree that none of the terms of this Agreement shall limit Respondent's obligation to otherwise comply with the requirements of the Act and the standards promulgated hereunder. VII.
Progress Reports A. At least quarterly through May 15, 2004, Respondent shall prepare a detailed report describing the progress of its activities under Section IV of this agreement, including worksites where audits have been completed, the status of abatement review and implementation, and any other efforts taken by Respondent to achieve abatement. All such reports shall be submitted to the OSHA National Office. The Liaisons will be available to discuss with OSHA personnel any questions OSHA may have regarding Respondent's quarterly report. B. Respondent shall immediately notify the OSHA National Office if any covered worksite is terminated as a worksite for Respondent. Such notification shall state if such termination is long term or if it is anticipated that work shall resume within the period of this Agreement. VIII.
Employee Participation Respondent agrees to maintain a system to address employee complaints and safety and health related matters and to resolve all concerns with regard to fall protection in an expedient manner at the covered worksites. Respondent shall maintain a written safety policy that establishes and communicates guiding principles for the safe operations at such worksites. The guidelines for the policy shall incorporate a standardized format, content and instructions. The goal of the system is to eliminate injuries through continual improvement and monitoring of the safety program and its results. Employees shall be encouraged to report concerns and hazards to managers or to other safety personnel immediately. The system shall include a mechanism for a) an employee hazard reporting form that shall be available at the facility, b) logging, investigating and tracking the concerns and hazards until completion, c) communication of responses and corrective actions with employees. Quarterly reports shall be generated that list all new fall protection concerns/hazards at covered worksites with status and all open concerns/hazards. At a minimum, the manager at the worksite shall review the quarterly report. Respondent's employees shall be consulted with regard to safety audits as provided in Paragraph IV of this Agreement. IX.
Verification and Monitoring Visits Entry Into Facilities A. Respondent agrees that any working condition presenting an imminent danger to employees shall be immediately corrected, and that this agreement shall not restrict OSHA's ability to take any and all enforcement measures permitted under the Act, including measures to address imminent dangers. B. During the term of this Agreement, Respondent shall permit, to the extent of its ability to do so, OSHA entry into and inspection of its covered worksites in order that OSHA may determine progress and compliance with this Agreement or to investigate or verify Respondent's infeasibility notification submitted pursuant to paragraph X.B. hereof. Respondent agrees to require no warrants for entry by OSHA for such entry and inspections, and to require no subpoenas for access to documents related to compliance with this Agreement. C. OSHA retains the right to conduct programmed inspections of conditions not covered by this Agreement and to conduct all other types of inspections of Respondent permitted under the Act, and nothing in this Agreement shall be construed to alter or affect Respondent's rights and obligations under the Act with regard to such inspections. When OSHA is conducting such a programmed or planned inspection it will verify that Respondent is meeting its obligations and abatement under this Agreement. X.
Dispute Resolution A. If Respondent is unable to meet any deadline set forth herein, or if Respondent desires to modify or adjust any time frame established hereby based upon its experiences in implementing the abatement means identified through its safety audits, Respondent shall first review the abatement implementation with the OSHA's Liaison. If necessary, Respondent shall follow the Petition for Modification of Abatement (PMA) procedures under the Act. 29 C.F.R. 1903.14(a). If Respondent requests a meeting with OSHA to discuss the abatement dates, OSHA shall promptly meet with Respondent [and the authorized employee representative] to determine whether it will object to any requested extension. Respondent agrees to furnish OSHA with such information as may be relevant to evaluate Respondent's request. Respondent retains its right to seek variances and/or other legal redress as to implementation or abatement, as may be available at law. B. OSHA agrees that during the term of this Agreement if it reaches a preliminary determination that Respondent may not be in compliance with this Agreement, OSHA shall notify Respondent [and the authorized employee representative] within fifteen (15) working days of receipt of such notification that it has made such a preliminary determination and provide fifteen (15) working days from receipt of OSHA's notification for Respondent [and the authorized employee representative] to provide a written response. If OSHA has concerns or questions regarding any information contained in Respondent's reports provided pursuant to paragraph VII.A. hereof, it shall raise its concerns or questions in writing within thirty (30) working days of receiving the report so that Respondent [and the authorized employee representative] can review them. Respondent and OSHA agree to engage in good faith discussions [which shall include the authorized employee representative] to resolve any disagreement. If after forty-five (45) calendar days, the parties are unable to resolve their disagreement, OSHA may take appropriate enforcement action as provided by the Act C. This paragraph is not intended to limit the Secretary's right to use, as appropriate, enforcement methods provided by the Act. D. [If the authorized employee representative has any concerns or questions regarding Respondent's compliance with this Agreement, he or she may raise those concerns in writing and provide them to Respondent and to the OSHA National Office for review and response. Respondent and OSHA agree to engage in good faith discussions with the authorized employee representative to resolve any disagreements.] XI.
Failure to Abate Respondent agrees that unless Respondent has obtained an extension of the abatement period from OSHA or through a petition for modification of abatement, failure to complete any specific abatement measure contained herein as specified may constitute a failure to abate as defined at Section 10(b) of the Act, and shall constitute the basis for notifications of failure to abate the citation items as amended by this Agreement notwithstanding that the terms of the citations, as issued, may not specifically include the locations specified in this Agreement and agreed to by the Respondent. XII.
Term of Paragraphs IV,V, VI, VII, VIII, IX, X & XI of This Agreement Paragraphs IV ("Additional Abatement), V ("New Covered Worksites"), VI ("Interim Fall Protection"), VII ("Progress Reports"), VIII ("Employee Participation"), IX ("Verification and Monitoring Visits" "Entry Into Facilities"), X ("Dispute Resolution"), and XI ("Failure to Abate") of this Agreement shall be in effect for a period of one and one-half (1 ½) years from the date of the Commission's entry of the Final Order. If a dispute resolution process under Paragraph X hereof is on-going at the end of the one and one-half (1 ½)-year period, the process shall continue in its normal course beyond the one and one-half (1 ½)-year period so that if resolution is possible it may be effected. XIII.
Non-Admission Clause Respondent takes the position that for purposes of actions other than actions or proceedings under the provisions of the Act, nothing contained herein shall be deemed an admission by Respondent that Respondent violated the Act or its regulations or standards. XIV.
Infeasibility/Impossibility The parties recognize that Respondent's implementation of abatement measures and any certification thereto may be impacted by the availability or procurement of materials and equipment by its contracting officers and/or their respective branches. In addition, Respondent and OSHA acknowledge that a war, whether declared or undeclared, or other armed conflict involving the armed forces of the United States of America may impact Respondent's implementation of abatement measures and certifications thereto. It is contemplated that any such matters will be raised by Respondent through its responsibilities under Paragraph X hereof and that the Secretary will give due consideration thereto. XV.
Summary Enforcement Proceedings under Section 11(b) of the Act A. The Secretary and Respondent agree that based on the foregoing representations of Respondent, an order may be entered of record showing that Respondent has withdrawn its notices of contest and entering the citations and notifications of proposed penalties, as amended herein, as a final order of the Commission. B. Respondent agrees that this Agreement, and the terms hereof, shall be enforceable under Section 11(b) of the Act. Respondent agrees that it shall not oppose the entry of such an order of enforcement by the U.S. Court of Appeals to which the Secretary may present this Agreement and supporting documents. XVI.
EAJA Each party hereby agrees to bear its own fees and other expenses incurred by such party in connection with any stage of this proceeding, including but not limited to, attorney's fees, costs, and other expenses that may be available under the Equal Access to Justice Act, 5 U.S.C. § 504, as amended. Dated this _____ day of January 2003.
NOTICE TO EMPLOYEES OR EMPLOYEE REPRESENTATIVE
The attached Stipulation and Settlement Agreement has been entered into by the parties hereto, and is being submitted to the Occupational Safety and Health Review Commission for entry as a final order. If you have any comments on the Stipulation and Settlement Agreement, you may submit them within ten days of service or posting of the stipulation to: A copy of such comments should also be sent to:Judge Robert A. Yetman Served and/or posted this __ day of ____________, 2003.Richard E. Fairfax UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
OSHA Inspection Nos. 303622088 and 303686604 ORDER
The parties have filed a stipulation and settlement agreement in the above-captioned matter. The content of that stipulation and settlement agreement is incorporated by reference in this order. The stipulation and settlement agreement is hereby approved and shall be deemed an order of the Commission. It is SO ORDERED.
Dated: Footnote 1 Contract Field Teams ("CFT") is a business unit of Raytheon Aerospace, LLC, the employer, not a separate corporate entity and as such, should not be denoted as a separate "Respondent" entity as presently reflected. [Back to Text] Footnote 2 Respondent shall prioritize its abatement efforts at the covered worksites according to the frequency/severity of employee exposure to fall hazards. [Back to Text] |
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Corporate-Wide Settlement Agreements - Table of Contents |
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