“Docket No. 81-1025 SECRETARY OF LABOR, Complainant, v.CONSOLIDATED RAIL CORPORATION Respondent.OSHRC DOCKET No. 81-1025ORDER The parties’ settlement agreement is approved.FOR THE COMMISSIONRAY H. DARLING, JR. EXECUTIVE SECRETARY DATED:\u00a0 JUL I7 1984RAYMOND J. DONOVAN, SECRETARY OF LABOR, Complainant, v.CONSOLIDATED RAIL CORPORATION Respondent.OSHRC DOCKET No. 81-1025SETTLEMENT AGREEMENTRaymond J. Donovan, Secretary of Labor, United States Department of Labor(\”Secretary\” or \”OSHA\”), and the Consolidated Rail Corporation(\”Conrail\”), by and through their attorneys hereby stipulate and agree asfollows:I.\u00a0 BackgroundOn March 27, 1981, the Secretary issued two citations charging Conrail with a seriousviolation of 29 CFR 1910.132(a) and a willful violation of 29 CFR 1910.134(a)(2).\u00a0 Penalties totaling $3690.00 were proposed for the violations.\u00a0 Following ahearing on the matter, Commission Administrative Law Judge Fier affirmed both citations asserious violations and assessed a penalty totaling $1540.00.\u00a0 Conrail’s petition fordiscretionary review followed and was granted by the Commission on April 1, 1982.The central point of contention in this matter concerned the need forappropriate protective equipment including full body protective clothing andself-contained breathing apparatus for use in emergency situations.\u00a0 Although boththe Secretary and Conrail maintain that the positions they advanced before Judge Fier werecorrect, each agrees that reason and common sense dictate that the dispute be resolvedwithout further adjudication.To this end, the parties have agreed that any possible hazards confrontingemployees in Conrail’s railyard during an emergency situation (such as a release ofhazardous materials) may be significantly reduced through an adequately communicated andenforced workrule requiring employees to vacate the area any time a release of hazardousmaterials is suspected.\u00a0 In conformity with the agreements described herein, and infurtherance of the best interest of Conrail’s employees, the parties agree as follows:II.\u00a0 Resolution of the Citations1.\u00a0 Citation No. 1, 29 CFR 1910.132(a)Item 1a (failure to provide full body protective clothing for use in emergencysituations).\u00a0 Complainant hereby withdraws this citation.2.\u00a0 Citation No. 2, 29 CFR 1910.134(a)(2)Item la (failure to provide self-contained breathing apparatus respirators for use inemergency situations).\u00a0 Complainant hereby amends this item to allege a seriousviolation and proposes a penalty of $500.00.\u00a0 Respondent hereby withdraws its noticeof contest to this item as amended.\u00a0 Respondent agrees to abate this item in themanner specified at section III herein.III.\u00a0 Abatement Measures for Citation No. 2The Secretary and Conrail agree that this item is to be abated through the implementationof an employee training and education program which specifies that whenever a release ofhazardous materials is suspected, employees must vacate the area.\u00a0 This program willbe periodically presented to all Conrail employees working in Conrail’s Edgemoorclassification facility.\u00a0 The program consists of:1.\u00a0 A visual slide presentation entitled \”Operation Eye\”.\u00a0 (A copy of the narrative accompanying this slide presentation is attached heretoand incorporated herein as Exhibit A).2.\u00a0 A written safety rule (attached hereto and incorporated herein as Exhibit B)which will be incorporated into Conrail’s Safety Rulebook.This program will be effectively communicated to employees and adequatelyenforced through a system of discipline outlined in Conrail’s Safety Rulebook.\u00a0 It isunderstood that periodically changes may be made to the slide presentation to keep itcurrent without changing the substance of the presentation.IV.\u00a0 General ProvisionsAs part of this Settlement Agreement, Conrail promises to pay the above penalties in theamount of $500.00.Respondent and complainant agree that each party shall bear its own costs.Respondent agrees to post this Settlement Agreement in accordance with Commission Rule 7.WHEREFORE, based on the foregoing Settlement Agreement, the parties stipulatethat this action should be and hereby is dismissed.LINTON W. HENGERERAttorney For ComplainantU.S. Department of Labor JOHN R. JENCHURAAttorney for Respondent Conrail Legal Department The Administrative Law Judge decision in this format is unavailable in thismatter.\u00a0 To obtain a copy of this document, please request one from our PublicInformation Office by e-mail ( [email protected]), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).”