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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