5/2005: OSHA inspected the Sharonville, Ohio Hub. Inspection #308788140.
6/6/2005: OSHA issued Citation and Notification of Penalty
8/14/2007:Administrative Law Judge Ken S. Welsch issues Decision and Order finding UPS guilty of not maintaining unobstructed 28-inch wide exit paths.
10/3/2007: Occupational Safety And Health Review Commission found UPS guilty:
Secretary of Labor v. United Parcel Service, Inc.
OSHRC Docket No. 05-1115
- - - -
1/9/2009 proposed nationwide Corporate Settlement Agreement (CSA) between OSHA and UPS posted in Sharonville, Ohio Hub includes:
Training of all employees by 3/31/2009.
Applies to all package facilities nationwide.
UPS must prove violations have been abated in Sharonville.
UPS pays $4,400 fine.
UPS agrees 28-inch wide exit path applies to entire path, from work area to outdoors, not just by the exit door. Path must be kept clear at almost all times.
Sort Aisle C-slides, occasional packages, and irregulars (bulk) train may obstruct work areas in limited circumstances.
All employees will be required to obey a new set of work rules and undergo annual training in keeping exit paths unobstructed. [Basically UPS signed a CSA to solve its problems with OSHA by obligating us to assume the responsibility of keeping exit paths clear. Just like they solved a previous OSHA problem by obligating us to know all those Depth of Knowledge safety questions. If you have been threatened with discipline if you didn't know your D of K answers, this may be deja vu all over again!]
UPS doesn't admit guilt. [Naturally. They're just spending millions of dollars fighting this three-plus year battle and agreeing to major training requirements and work rule changes nationwide for the heck of it.]
OSHA needs no warrants or subpoenas to access UPS facilities or obtain UPS documents to verify UPS is complying with this CSA.
- - - -
I believe the Case is still going on! I have the Egress Case Decision (32-pages, 1,232kb), the proposed Egress CSA (10-pages, 680kb) and a few other documents, but each exceed BrownCafe's file attachment size requirements. Unfortunately, they are scanned files so they are "pictures" of the pages, rather than text files. I searched for "OSHRC Docket No. 05-115" but only found a Friend of the Court brief by the Chamber of Commerce. Any ideas for getting these files posted online so everyone can download 'em?
The Decision and proposed CSA are interesting reading and show how UPS fights and delays OSHA's safety efforts up until UPS looses the battle. Then it embraces the safety proceedures and enforces them on us! If you didn't know about all their anti-safety lobbying and court suits over the years, you'd think they were a very pro-safety company. Every Safety Committee member should get a hold of these (and similar) documents, as well as the safety grievances decided by the National Safety & Health Committee. It will open your eyes.