Sanders Lead Company

Plain-English summary

Sanders Lead Company is an employer subject to OSHA's lead standard, 29 C.F.R. 1910.1025. OSHA issued citations in February 1987 covering employee notification of corrective action, training, and respirator-choice requirements under that standard. The case had a long history: the Commission issued a decision in April 1995 and invited the parties to resubmit their partial settlement agreement, both sides appealed to the Eleventh Circuit, and that court later dismissed the consolidated appeals by joint agreement. The parties then resubmitted the partial settlement to the Commission. Under the agreement, the company withdrew its contest to several items, other items were withdrawn or reclassified to "other," and reduced penalties of $200 and $500 were set for the two remaining items. The Commission approved the partial settlement agreement.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1910.1025(d)(8)(ii); 29 C.F.R. § 1910.1025(f)(2)(ii); 29 C.F.R. § 1910.1025(l)(1)(v)(C)
• Outcome: Partial settlement agreement approved. Several items withdrawn, one item reclassified to "other," penalties set at $200 and $500 for the resolved items.
• Key point: The order closes out the settled portion of a long-running lead-standard case after the parties returned from the Eleventh Circuit, and it spells out how the employer may satisfy the notice, training, and powered-air-purifying-respirator provisions.

Full text (OSHRC public release)

United States of America
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
1120 20th Street, N.W., Ninth Floor
Washington, DC 20036-34 19

Office of Executive Secretary
Phone: (202) 606-5 100
Fax: (202) 606-5050

SECRETARY OF LABOR,
Complainant,
v. OSHRC Docket No. 87-260
SANDERS LEAD COMPANY,
Respondent.

ORDER

On April 24,1995, the Commission issued a decision in the above-referenced matter that invited the parties to resubmit their partial settlement agreement to the Commission. SandersLead Co., 17 BNA 1197,1205 n.26, 1993-95 CCH OSHD 130,740, p. 42,697 n.26. Both parties filed petitions for appellate review that were consolidated in the United States Court of Appeals for the Eleventh Circuit, and the Eleventh Circuit subsequently dismissed the case upon joint agreement of the parties. The parties have now resubmitted the partial settlement agreement to the Commission. The partial settlement agreement is approved.

So ordered.

BY DIRECTION OF THE COMMISSION

Date: Mav 16, 1996
Ray l$Darling, Jr.
Executive Secretary
. 87-0260

NOTICE IS GIVEN TO THE FOLLOWING:

Daniel J. Mick
Office of the Solicitor, U.S. DOL
Room S4004
200 Constitution Ave., N.W.
Washington, D.C. 20210
Attn: Bruce Justh

Associate Regional Solicitor
Offrce of the Solicitor, U.S.DOL
Chambers Bldg., Highpoint Office Center
Suite 150, 100 Centerview Drive
Birmingham, AL 35216

Michael E. Ward, Esq.
Swidler & Berlin
3000 K Street, N.W.
Suite 300
Washington, D.C. 20007-5116

Paul L. Brady
Administratived Law Judge
Occupational Safety and Health
Review Commission
Room 240
1365 Peachtree Street, N.E.
Atlanta, GA 30309-3 119

ORIGINAL

UNITED STATES OF AMERICA
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

ROBERT B. REICH, SECRETARY OF LABOR
Complainant,
v.
OSHRC No. 87-260
SANDERS LEAD COMPANY,
Respondent.

PARTIAL SETTLEMENT AGREEMENT

The parties hereto, in order to resolve matters which are no longer controverted', hereby stipulate as set forth below':.

I0 The complainant, with the consent of the respondent, amends Citation Numbers 1 and 2, issued on February 4, 1987, and their respective Notifications of Penalty, as follows:

A0 Citation No. 1

1 l The proposed penalty for Item No. 1 is deleted, substituted in lieu thereof is a proposed penalty of $200.00.

20 Item 3a is modified to an *'Other" violation.

30 Item 3b is withdrawn.

40 Item 3c is withdrawn.

5 l Paragraph (a) of Item 3(d) is withdrawn.

60 Item 3e is withdrawn..

7 l The proposed penalty for Item 3, as above modified and amended, is deleted; substituted in lieu thereof is a proposed penalty of $500.00.

B l Citation No. 2

10 Item lb is withdrawn.

II l Respondent represents that the violations alleged in Citation No. 1, Items 1, 2, 3a, 3d(b), and 3g, and in Citation No. 4, Item 1, do not exist and that respondent is now, and will remain, in compliance with the regulations referred to in these items. Respondent hereby withdraws its notice of contest to Citation No. 1, Items 1, 2, 3a, 3d(b), and 3g and to Citation No. 40 Respondent states that this withdrawal was not induced by a promise of any other party hereto except as may appear herein.

III. Respondent agrees to pay, within thirty (30) days of the date this Agreement is approved by the Commission, the proposed penalty for the Items mentioned above.

IV l With respect to Citation No. 1, Item 3a, it is agreed that respondent% obligation in 29 C.F.R. 1910.1025(d)(8)(ii) to include in its **written notice" to employees 'Iadescription of the corrective action taken or to be taken to reduce exposure to or below the permissible exposure 1imiP may be fulfilled by posting in writing the corrective action information in the office of the affected employee's foreman, provided that the affected employee has access to, and is informed of, said information.

V0 With respect to withdrawn Item 3c of Citation No. 1, respondent represents that it will insure that employees are trained in accordance with 29 C.F.R. 1910.1025(1)(1)(v)(C), that all employees are aware of their right under 29 C.F.R. 1910.1025(f)(2)(ii) to choose a powered, air-purifying respirator (PAPR) when it will provide adequate protection to the employee, and that it will keep two or more PAPRs available at the workplace for employees to use in making their choice.

VI 0 By entering into this Agreement, respondent does not admit the validity of the alleged violations or any of the underlying facts. By executing this Agreement, respondent does not waive any of the legal or factual defenses available to it with respect to the remaining items of Citations Nos. 1, 2 and 3. Specifically, the execution of this Agreement shall not be deemed as an admission by respondent that the inspection was legal.

VII. Affected employees herein are not represented by a certified bargaining representative.

VIII. With respect to Citation No. 1, Items 1, 2, 3a, 3d(b), and 3g, withdrawn items 3b, 3c, 3d(a), and 3e, Citation No. 2, Item lb, and Citation 4, Item 1, and only those items, each party hereby agrees to bear its own fees (including attorney fees) and other expenses incurred by such party in connection with any stage of this proceeding.

IX l Respondent certifies that notice of the foregoing was given to employees by posting a true copy of this Stipulation, in accordance with Commission Rule 7(g) [29 C.F.R. 2200,7(g)].

ACCORDINGLY, the parties jointly move the Commission for an Order appropriate for final disposition of the matters addressed herein.

Executed, this ay of December, 1995.

SANDERS LEAD CO.# INC. THOMAS S. WILLIAMSON, JR.
Solicitor of Labor
ROBERT N. STEINWURTZE$ JOSEPH M. WOODWARD
Associate Solicitor for
Occupational Safety and Health

BARBARA WERTHMANN
Swidler & Berlin, Chtd. Counsel for Appellate
3000 K St., N.W., # 300
Washington, DC 20007 ,

Attorneys for Sanders Lead Co.
Assistant
Appellate Litigation

Attorneys for the Secretary of
Labor, United States
Department of Labor
SOL CASE NO. 0401 8700148