IOSHA Settlement AgreementTHE CITY OF
DUB E
~-~~
MEMORANDUM
February 13, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Expedited Informal Settlement Agreement with Iowa Occupational Safety
and Health Administration (IOSHA)
Personnel Manager Randy Peck recommends the City Council approve the Expedited
Informal Settlement Agreement with the Iowa Occupational Safety and Health
Administration.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~/ /J
C ,~~ F '~-
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Randy Peck, Personnel Manager
THE CITY OF
DuB E
~~
Memorandum
February 13, 2007
TO: Michael C. Van Milligen
City Manager
FROM: Randy Peck ~\
Personnel Manager " '~
SUBJECT: Expedited Informal Settlement Agreement with Iowa Occupational Safety and
Health Administration (IOSHA)
The City of Dubuque Water Department was issued a citation by the Iowa Occupational Safety
and Health Administration as a result of Water Distribution employees entering an excavation
without adequate protection from a possible cave-in. The violation was immediately corrected
when it was brought to the attention of Water Department Manager Robert Green and Water
Distribution Supervisor Mike Brekke by the use of a trench box and ladders. Water Distribution
employees were also instructed on proper procedures for safely entering a trench and trench
safety training videos and materials have been purchased. On March 6, 2007 Water
Distribution employees will receive "competent person in excavation safety" training.
The initial penalty for the safety violation was $2,500. The penalty was reduced due to the fact
that the City has a health and safety program and has not received an OSHA citation in the last
three years. By entering into the Expedited Informal Settlement Agreement, the penalty will be
reduced to $812. Water Department Manager Robert Green and I recommend approval of the
Settlement Agreement. Assistant City Attorney Crenna Brumwell has reviewed the agreement
and finds it acceptable.
I recommend that the City Council pass a motion approving the Expedited Informal Settlement
Agreement with the Iowa Occupational Safety and Health Administration and authorize the City
Manager to sign the agreement.
If you have any questions, please feel free to call.
RP:tlb
cc: Barry Lindahl, City Attorney
Crenna Brumwell, Assistant City Attorney
Robert Green, Water Department Manager
Mike Brekke, Water Distribution Supervisor
WORKFORCE DEVELOPMENT DEPARTMENT
DIVISION OF LABOR SERVICES
IOWA OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
In the Matter of: City of Dubuque -Water Dept.
and its successors
939 Mt. Loretta St.
Dubuque, IA 52003
IOSH NO: 115100224/2557/I9589
EXPEDITED INFORMAL SETTLEMENT AGREEMENT
The undersigned Employer and the undersigned representative of the Iowa Occupational
Safety and Health Administration (IOSHA), in settlement of the above citations and penalties
which were issued on January 29, 2007 hereby agree as follows:
1. The Employer agrees to correct the violations as cited in the above citations or as
amended below.
2. The Employer agrees that a letter of corrective action stating the manner in which
each violation was abated, including evidence of corrective actions taken, will be forwarded to
IOSHA by the abatement date specified for each violation.
3. Upon correction of all violations, the Employer agrees to provide a written
certification to IOSHA that all of the violations have been corrected. The Employer agrees to
post a copy of the written certification form for a period of three (3) working days in the place
where the citations were posted as described in paragraph 6 of this agreement.
4. The Employer agrees to pay the reduced penalties totaling 812.00 and remit the
payment to IOSH with this agreement. The Employer agrees that failure to comply with the
terms of this Agreement shall cause the penalty to revert to the initially proposed penalty of
1625.00 without opportunity for contest or appeal.
5. In consideration of the foregoing amendments. to the citations, the Employer
hereby waives its right to contest said citations pursuant to Section 88.8(3) of the
Iowa Occupational Safety and Health Act. It is understood and agreed by the Iowa
Occupational Safety and Health Administration and the Employer that the citations as amended
by this agreement shall be deemed a final order of the Employment Appeal Board not subject to
review by any court or agency.
1~
6. The Employer agrees to immediately post a copy of this Settlement Agreement in
a prominent place at or near the location of the violations referred to in paragraph 1 above. This
Settlement Agreement must remain posted until the violations cited have been cone
cted, or~for three (3) working days (excluding weekends and State and Federal Holidays),
whichever is longer.
7. The Employer agrees to continue to comply with the applicable provisions of the
Iowa Occupational Safety and Health Act, and the applicable safety and health standards
promulgated pursuant to the Act.
8. The Employer agrees to improve its overall safety and health program to meet or
exceed the guidelines 'as given in OSHA's "Safety and Health Management Guidelines" (Federal
Register, Vol. 54, No. 16, Jan. 26, 1989, pp. 3904-3916).* Specifically, the company will put
into place Action Plans that ensure effective implementation of these elements:
a. Management commitment and employee involvement.
b. Worksite analysis to identify existing hazards. - . _ -• -- - - -.. - _..._ . ,
c. Hazard prevention and control.
d. Safety and health training of all personnel.
*May be accessed by going to OSHA' s web site at www.osha.gov.
9, Each party agrees to beaz its own fees and other expenses incurred by such party
in connection with any stage of this proceeding.
For the Iowa Occupational Safety and Health Administration:
O H A ~ ~strator Date
For the Employer:
Signature
Date
Iowa Division of Labor Services
Occupational Safety and Health Bureau
Inspection Number: 115100224
InspectionDates: l2/19/2006-12/19/2006
Issuance Date: O 1 /29/2007
Citation and Notification of Penalty
Company Name: City of Dubuque -Water Dept.
Inspection Site: 939 Mt. Loretta St. , Dubuque, IA 52003
Citation 1 Item 1 Type of Violation: SeI'lOUS
IAC 875 -Chapter 26
1926.652(a)(1): Each employee in an excavation was not protected from cave-ins by an adequate protective system
designed in accordance with 1926.652(c). The employer had not complied with the provisions of 1926.652(b)(1)(i)
in that the excavation was sloped at an angle steeper than one and one-half horizontal to one vertical (34 degrees
measured from the horizontal):
(a) 939 Mt. Loretta Dubuque -Employees were working within an excavation which was 7ft. deep,
24ft. long at the street level and 20ft. long at its base. The excavation was 12 ft. wide at the street
level and Oft. wide at its base. Employees were working within the excavation to tap a new water
line to a residence.
Mary L. Brya •
IOSH Administrator
See pages 1 through 3 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.
Citation and Notification of Penalty Page 4 of 4 OSHA-2 (Rev. 9/93)
:~
CERTIFICATE OF CORRECTION
The undersigned certifies that on nP~amber 20 , 200,~~ all of the violations cited~in
IOSHA Citations were corrected and that a copy of this Certificate of Correction was posted on
FPhr~iar~ 2 , 200 7 , in a manner and place for affected employees to see.
~~~GJ~
Employer's ignature
1
eturn this Form to: DIVISION OF LABOR SERVICES
OCCUPATIONAL SAFETY & HEALTH
DES MOINES, IOWA 50319
DATE FORM DUE: February 02, 2007 C.F.# 2557
INSPECTION # 115100224 / CSHO ID: I9589
The alleged violations listed below that were observed on the 12/19-12/29/2006
Occupational Safety & Health inspection by the Division of Labor were corrected
on the dates shown below:
COMPANY: City of Dudbuque -Water Dept.
LOCATION: 939 Mt. Loretta St. Dubuque, IA 52003
NOTE: Brief terms such as "corrected" or "in compliance" will not be accented. Documentation is
needed to assure that corrective action has been taken. Examples of documentation include (where
applicable) photographs, work orders, purchase orders, specifications (dimensions, materials, etc.),
personal protective equipment, standard operating procedures, copies of any written programs,
engineering controls, noise or atmospheric monitoring data or similar descriptions of what was done.
Since all citations are subject to follow-up inspections, adequate supporting documentation may allow us
to administratively close the case without such follow-up action.
ITEM
NUMBER(S)
ABATEMENT DATE
DATE CORRECTED
ACTION TAKEN
SUBMIT IN WRITING
SERIOUS
1
02/02/07
Please see attached letter dated Februar~~ .l, 2007 from P1r. Robert P4. Green
to Ms. A1ary L. Bryant.
If extensions of the abatement period(s) are needed for any items, please. make such request in writing, following
the instructions given for pe ' to (s) for m/odif~i~ca(ti~on of abatement period(s).
Company Representative: ~ f~ ~~~`~ Title: Personnel Manaeer
Date: ~~o~ ~ Telephone No: (563 589-4125
Eagle Point Water Plant
1902 Hawthorne Street
Dubuque, Iowa 52001-1416
(563) 589-4291 office
(563) 589-4297 fax
(563) 690-6678 TDD
wtrplnt@cityofdubuque.org
February 1, 2007
Mary L. Bryant
IOSH Administrator
Division of Labor Services
1000 East Grand Avenue
Des Moines, IA 50319-0209
Subject: IOSH No: 115100224/2557/19589 -Abatement
939 Mt. Loretta Street, Dubuque, Iowa
THE CITY OF '~._
a~'~`~ a /
Dear Ms. Bryant:
The City Water Department has taken the following action steps in preventing
this type of violation from reoccurring.
• This incident was immediately corrected when brought to our attention in
the field by the use of a trench box and the use of ladders.
• Immediately after this incident, on December 19, 2006, Water Distribution
employee(s) were instructed on the proper procedure in entering a trench
safely. Water Distribution employees have been instructed at no time do
they enter a trench in performing this type work task without a trench
being properly sloped or the use of a properly installed trench shoring box
with safety devices.
• On December 27, 2006, safety training videos tapes with manuals were
purchased. A safety training class was held by Water Department
Supervisors on February 1, 2007 at 1:OOpm showing the proper
procedures for entry into trenches. Additional safety training meetings
with videos will take place monthly.
• Currently staff is being scheduled for Tuesday, March 6, 2007 for proper
training and certification as a competent person in excavation safety. This
class has been scheduled through Fred Hilgart of Hilgart Associates, Inc.
• Proper safety devices and tools such as trench boxes, hydraulic jackets,
shoring materials and pocket soil penetorometers are owned by the city
water department and available to all water department employees for
use.
Service People Integrity Responsibility Innovation Teamwork
AI{ water department distribution employees except for one have been
certified in confined space entry. This one new employee is scheduled to
attend the next available class for certification.
Please let me know should you have any further questions with the action
steps that we have taken in preventing this type of incident from reoccurring.
Sinc ,
Ro rt M. Green, Water Department Manager
RMG:ve
cc: Michael C. Van Milligen, City Manager
Randy Peck, Personnel Manager
Cindy Steinhauser, Assistant Gity Manager
Barry Lindahl, City Attorney
Mike Brekke, Water Distribution Supervisor
File