SECRETARY OF LABOR,

Complainant,

v.

DEPENDABLE STAMPING COMPANY,

Respondent.

OSHRC Docket No. 90-2594

ORDER APPROVING SETTLEMENT

This matter is before the undersigned upon a settlement entered into between the parties and duly executed. The parties advise that all matters in dispute have been amicably resolved. After consideration, it is ORDERED:

1. The settlement agreement is approved and the terms thereof are incorporated into this order.
2. The citations, as modified, are affirmed.
3. Civil penalties of $31,350.00 are assessed.

Dated this 24th day of January, 1991.

EDWIN G. SALYERS
Judge

SECRETARY OF LABOR,

Complainant,

v.

DEPENDABLE STAMPING CO.,

Respondent.

OSHRC Docket No. 90-2594

REGION V

SETTLEMENT AGREEMENT

In full settlement and disposition of the issues in this proceeding, it is hereby stipulated and agreed by and between the Complainant, Secretary of Labor, and Respondent, Dependable Stamping Co., that:

(1) Item 17 of Citation No. 1 and the proposed penalty of $720.00 shall be vacated and dismissed. The remaining items of Citation No. 1 shall be affirmed as cited with the total penalty for Citation No. 1 reduced to $7,290.00 and assessed among the affirmed items therein as follows:

(2) With respect to the conditions described in Item 17 of Citation No. 1, the Respondent affirms that Presses 14, 20, 31, 51, 52 and Warco press 4374 do not have an operational continuous mode that can be initiated through selection by the press mode selector switch. Respondent agrees to ensure that if, in the future, such continuous mode selection is made available on these presses or other presses, those presses will be equipped with a "prior action" feature so as to prevent activation of the continuous mode through the mode selector switch unless a second "prior action" is performed.

(3) Item 1 of Citation No. 2 shall be amended and affirmed as a serious violation with a penalty of $450.00. The remaining items of Citation No. 2 shall be affirmed as cited with the total penalty for Citation No. 2, as amended, reduced to $19,350.00 and assessed among the items therein as follows:

(4) With respect to the conditions described in Item 1 of Citation No. 1, the Respondent affirms that "out of service" tags will be used only as a temporary warning not to operate equipment that has been deemed unsafe until a more positive method can be employed to render the equipment inoperable. Respondent agrees that, once equipment has been deemed "out of service" for reasons affecting its safe operation, it shall not be permitted to be used until the necessary maintenance has been completed to render the equipment safe for use.

(5) Item 1-4j of the Notification of Failure to Abate Alleged Violations (Notification) and the proposed additional penalty of $6,300.00 shall be vacated and dismissed. The remaining items of the Notification shall be affirmed with the total additional penalty reduced to $4,650.00 and assessed among the affirmed items as follows:
Item 1-5b - $630.00 Item 2-9 - $1,160.00
Item 2-7 - $1,700.00 Item 2-10 - $1,160.00

(6) With respect to the conditions described in Item 1-4j of the Notification, the Respondent affirms that no full revolution clutch press shall be operated using 2-hand trips as the single point-of-operation safeguarding device unless said 2-hand trips have been located a safe distance from the point-of-operation hazard. The "safe distance" shall be calculated using the formula set forth in 29 C.F.R. 1910.217 (c) (3) (viii) (c).

(7) Item 1 of Citation No. 3 shall be affirmed with the penalty reduced to $60.00. Item 6 shall be amended to set forth 29 C.F.R. 1910.303 (g) (2) (ii) as the standard violated. Items 2 through 8 of Citation No. 3, as amended, shall be affirmed with no penalty.

(8) The total penalty due in this proceeding is $31,350.00 which Respondent agrees to pay to Complainant. It is agreed that the total penalty may be paid over a period of twelve (12) months, without interest, in monthly installments of $2,625.00. The first installment payment shall be made on or before February 15, 1991 with subsequent payments due on or before the fifteenth day of each month thereafter until the total penalty due is fully paid. Installment payment checks are to be made payable to "DOL-OSHA" and sent to the Cleveland Area Office, OSHA.

(9) It is agreed that the abatement dates for Items 10, 11, 12, 14, 15, 19, 20, 22, 23, 24, 25 and 26 of Citation No. 1 shall be sixty (60) days from the date of this Agreement. It is agreed that the abatement date for Item 1c of Citation No. 1 shall be ninety (90) days from the date of this Agreement. It is agreed that the abatement dates for Items 15a and 15b of Citation No. 1 shall be sixty (60) days from the date of this Agreement. It is agreed that the abatement dates for Items 5 and 6 of Citation No. 1 shall be one-hundred eighty (180) days from the date of this Agreement. With respect to the remaining affirmed items of Citation No. 1, Respondent represents that the described conditions have been or will be, abated by the dates specified in the citation.

(10) It is agreed that abatement of the conditions specifically described in Items 15a and 15b of Citation No. 1 may be accomplished by establishing and implementing effective procedures for securing upper and lower dies to press bolsters and slides. Said procedures shall be written, affected employees shall be trained with respect to the implementation of the procedures, and it shall be the responsibility of Respondent to assure that compliance with the procedures is strictly enforced by appropriate supervision.

(11) It is agreed that abatement of the conditions described in Item 18 of Citation No. 1 may be accomplished by the use of point of operation guards in accordance with 29 C.F.R. 1910.217 ((c) (2) or point of operation devices in accordance with 29 C.F.R. 1910.217(c)(3). It shall be the responsibility of Respondent to assure, by appropriate supervision and employee training, the usage of such point of operation guards or devices in all press operations.

(12) It is agreed that the abatement date for Item 4 of Citation No. 2 shall be sixty (60) days from the date of this Agreement. With respect to the remaining affirmed items of Citation No. 2, Respondent represents that the described conditions have been, or will be, abated by the dates specified in the citation.
(13) With respect to the affirmed items of the Notification, the Respondent represents that the described conditions have been abated.

(14) It is agreed that the abatement dates for Items 3, 4, 5, 6, 7 and 8 of Citation No. 3 shall be sixty (60) days from the date of this Agreement. With respect to the remaining affirmed items of Citation No. 3, Respondent represents that the described conditions have been, or will be, abated by the dates specified in the citation.

(15) Respondent hereby withdraws its notice of contest with respect to the citations, notification and proposed penalties as amended and/or modified by the terms of this Agreement.

(16) The parties agree to the entry of a final order consistent with the terms of this Agreement.

(17) None of the foregoing agreements, statements, stipulations, and actions taken by Respondent shall be deemed an admission by Respondent of the allegations contained in the citations at issue in this proceeding. The agreements, statements, stipulations, and actions taken herein by Respondent are made solely for the purpose of settling this matter economically and amicably and they shall not be used for any other purpose except for subsequent proceedings and matters between the parties arising directly under the Occupational Safety and Health Act of 1970.

(18) Each party hereby agrees to bear its own fees and other expenses incurred by such party in connection with any stage of this proceeding.

(19) Respondent certifies that a copy of this Agreement was posted at its Euclid, Ohio plant facility on January 18, 1990 to afford notice to affected employees.

Dated: January 18, 1990


For Respondent:

TIMOTHY R. SWEENEY
Attorney for Respondent Zellmer & Gruber

For Complainant:

BRUCE C. HESLOP
Trial Attorney for Complainant
U. S. Department of Labor

OF COUNSEL:
ROBERT P. DAVIS
Solicitor of Labor

JOHN H. SECARAS
Regional Solicitor

WILLIAM S. KLOEPFER
Associate Regional Solicitor