STATE OF INDIANA ) BEFORE THE !OSHA BOARD OF ) SS: COUNTY OF MARION SAFETY REVIEW ) CASE DOCKET N0.17-029 ) IN THE MATTER OF: ) ) ) ) ) ) ) COMMISSIONER OF LABOR, Complainant, v. ) AMAZON.COM, INC. FILED SEP 11 2018 Indiana Board of Safety Review ) AND ITS SUCCESSORS, ) ) Respondent. AGREED ENTRY The parties to the above-captioned proceeding, the Commissioner of the Indiana Department of Labor (hereinafter "Complainant") and Amazon.com, Inc. (hereinafter "Respondent"), through their duly authorized representatives, desiring to enter into this Agreed Entry as final settlement of this matter, do hereby stipulate and agree as follows: PART I. 1. From September 25, 2017, through September 27, 2017, authorized employees of the Indiana Department of Labor conducted an inspection at the Respondent's worksite located at 800 Perry Road, Plainfield, Indiana 46168. 2. On October 26, 2017, Complainant issued a Safety Order and Notification of Penalty (hereinafter "Safety Order") resulting fi·om Indiana Depmiment of Labor Inspection No. 318090651 and alleging that Respondent had violated the Indiana Occupational Safety and Health Act (IC 22-8-1.1 et seq.) or the standards or rules thereunder. The Safety Order is attached hereto as Exhibit A and is incorporated herein. 3. On or about November 21, 2017, Respondent duly and timely petitioned for review of Agreed Entry Page 1 of4 the Safety Order. PART II. 4. The Safety Order consists of Safety Order 1, Item Nos. 1, 2, 3, and 4. 5. Safety Order 1, Item 1 alleges a "Serious" violation of29 CFR 1910.147(c)(4)(i) and assesses a penalty of Seven Thousand Dollars ($7,000). 6. Safety Order 1, Item 2 alleges a "Serious" violation of29 CFR 1910.147(c)(7)(i) and assesses a penalty of Seven Thousand Dollars ($7,000). 7. Safety Order I, Item 3 alleges a "Se1ious" violation o f 29 CFR 1910.147(d)(3) and assesses a penalty of Seven Thousand Dollars ($7,000). 8. Safety Order 1, Item 4 alleges a "Serious" violation of29 CFR 1910.147(d)(5)(i) and assesses a penalty of Seven Thousand Dollars ($7,000). 9. The total assessed penalty for Safety Order 1 is Twenty-Eight Thousand Dollars ($28,000). PART III. 10. The Safety Order is hereby amended as follows. 11. Safety Order 1, Item 1 is deleted in its entirety. 12. Safety Order 1, Item 2 is deleted in its entirety 13. Safety Order 1, Item 3 is deleted in its entirety. 14. Safety Order 1, Item 4 is deleted in its entirety. 15. The AGREED total penalty for all violations and all subparts thereunder, subject to this Agreed Entry, is Zero Dollars ($0). 16. During settlement discussions and infonnal discovery, Respondent made a sufficient showing that it met all of the required elements of an unpreventable employee misconduct Agreed Entrv Page 2 of4 defense. 17. Respondent further agrees to modify its program for safety and health compliance auditing to include documentation of maintenance technician employees observed and assure that all maintenance technician employees are periodically being observed for compliance to Respondent's health and safety program and OSHA standards. 18. It is understood and agreed by the Respondent and Complainant that this Agreed Entry and attachments will constitute a final, enforceable OSHA Safety Order(s) and penalties for the purposes of the Indiana Occupational Safety and Health Act ("Act"). 19. Respondent confirms Complainant's right to re-inspect its workplaces, in accordance with the Act, and to verify abatement of the alleged violations. 20. Respondent hereby withdraws its petition for review previously filed in this matter. PART IV. 21. Nothing contained in this Agreed Entry shall be construed to affect Complainant's interpretation of the Act or any standard or regulation enforced pursuant thereto or the applicable classification thereof 22. Except for this agreement, and matters arising out of this agreement and any other subsequent I OSHA proceedings between the patties, none of the foregoing agreements, statements, findings, and actions taken by the Respondent shall be deemed an admission by Respondent of the allegations contained within the Safety Order(s) and Notification(s) of Penalty. The agreements, statements, findings, and actions taken herein are made in order to compromise and settle this matter economically and amicably, and they shall not be used for any other purpose, except as herein stated. 23. The invalidity or unenforceability of any section, snbsection, clause or provision of Agreed Entry Page 3 of4 this Agreed Entry does n ot affect the remaining sections, subsections, clauses, or provisions of this Agreed Entry. 24. Respondent, upon full execution of this Agreed Entry, will post this Agreed Entry for three (3) working days or until abatementis completed, whichever period is longer, pursuant to Board of Safety Review Rules of Procedure, 615 IAC 1-2-18(b)(3)(C). ·--tl-- AGREED this J!j__ dl!y of September, 2018. AMAZON.COM, INC. By: -s:l!If! Printed: Title: . M l ke 8to"'e \); re.dvr 1 Elf!i By : ant� �a� o Counsel for Complainant Agreed Entry Page4 of4 E'/1{77571 A Indiana Department of Labor Indiana Occupational Safety and Heal1h Administration 402 West Washington St- Room W195 Indianapolis, IN 46204 Phone: 317-232-2691 FAX: (317)233-3790 ��:::Jfr!JO/G :3J! !J ooo;oc;;9o t;ff[) Safety Order and Notification of Penalty Inspection Number: To: 318090651 CSHOID: B6160 OptionaiRep&rtNo.: 0076-18 Inspection Date(s): 9/25/2017- 9/27/2017 Issuance Date: 10/26/2017 Amazon.com Inc. 800 Perry Road Plainfield, IN 46168 Inspection Site: 800 Perry Road Plainfield, IN 46168 The violation(s) described in this Saftty Order and Notification ofPenalty is (are) alleged to have occurred on or about the day(s) the inspection was made unless otherwise indicated within the description given below. An inspection of your place of employment has revealed conditions which we believe do not comply with the provisions of 1he Indiana Occupational Safety and Heal1h Act (Indiana Code Chapter 22-8-1J) or the. standards or rules adopted 1hereunder. Accordingly, enclosed please find safety order(s) and notification(s) of penalty describing such violation(s) with references to applicable standards, rules, or provisions of the statute and stating the amount of any penalty(ies). Informal Conference - Please be advised that it may be possible to informally settle any potential dispute without initiating the more elaborate proceedings brought on by a petition for review. Prior to filing a petition for review, you may request an informal conference concerning any of the results of the inspection (safety orders, penalties, abatement dates, etc.) by contacting the Indiana Department of Labor/IOSHA, preferably by telephone, in a prompt manner. Please be advised that a request for an informal conference cannot extend the fifteen working day period for filing a petition for review. Informal conferences frequently resolve any possible disputes, and therefore you are urged to take advantage of this opportunity. Because of the limited time period and in order to facilitate scheduling, any requests for ao informal conference should be made promptly upon your receipt of the safety order(s) and notification(s) of penalty. Right to Contest You are hereby also notified that you are entitl�d to seek administrative review of the safety order(s), penalty(ies), or bo1h by :filing a written petition for review at 1he above address postmarked within fifteen working days of your receipt of the safety order(s) and notification(s) of penalty. ("Working days" means Mondays 1hrough Fridays, but does not include Saturdays, Sundays, legal holidays under a state statute or days on which the Indiana Department of Labor's offices are closed during regular business hours). If you do not file such a petition for review (contest), 1he safety order(s) - Safety Order and Notification of Penalty Pagel of9 OSHA-2 (Rev 1/14) _ and penalty(ies) shall be deemed final orders of the Board of Safety Review and not subject to review by any court or agency. The issuance of a safety order does not constitute a finding that a violation has occurre d unless no petition for review is filed, or if a petition for review (contest) is filed, it must contain a statement of its basis and should reference the above inspection number. Upon receipt of your petition for review, we will affurn, amend or dismiss the safety order(s) and notification(s) of penalty. If we affirm, your petition for review will be granted (unless it was not timely) and the dispute will be certified by the Board of Safety Review for further proceedings. The Board of Safety Review is an independent agency appointed by the governor with authority to conduct hearings and to issue decisions concerning disputed safety order(s) and notification(s) of penalty. If we amend the safety order(s) or notification(s) of penalty, your petition for review shall be deemed moot However, you will then be given an opportunity to file a petition for review concerning the amended safety order(s) and notification(s) of penalty. Please be advised that an employee or representative of employees may file a petition for review to contest the reasonableness of the time stated in th e safety order(s) for the abatement of any violation. Posting -Upon receipt of any safety order(s) you are required to post such safety order(s), or a copy thereof, unedited, at or near each place an alleged violation referred to in the safety order(s) occurred. However, if your operations are such that it is not practicable to post the safety order(s) at or near each place of alleged violation, such safety order(s) shall be posted, unedited, in a prominent place where it will be readily observable by all affected employees. For example, if you are engaged in activities which are physically dispersed, the safety order(s) may be posted at the location from which the employees operate to carry out their activities. You must take steps to ensure that the safety order is not altered, defaced, or covered by other materiaL Posting shall be until the violation is abated, or for three working days, whichever is longer. Penalties - Penalties are due within fifteen (15) working days of receipt of this notification unless contested. Abatement does not constitute payment of penalties. Abatement- The conditions cited in the safety order(s) must be corrected (abated) on or before the date shown for each item on the safety order(s) and noti:fication(s) of penalty unless: (1) You file a petition for review concerning the violation, in which case the :full abatement period shall co=ence from the issuance of a final decision by the Board of Safety Review or the courts which requires compliance with the safety order; or (2) The abatement period is extended by the granting of a petition for modification of abatement date. PMAs - The petition for modification of abatement date is a manner in which you may seek additional time to correct (abate) a violation without having to :file a petition for review concerning the safety order, or after the expiration of the time period to file such a petition for review when it becomes apparent that you need extra time to abate the violation. A petition for modification of abatement date shall be in w riting and shall include the following information: (1) All · steps you have taken, and the dates of such actions, in an effort to achieve compliance Safety Order and Notification of Penalty Page2 of9 OSHA-2 (Rev 1/14) during the prescribed abatement period. (2) The specific additional abatement time necessary in order to achieve compliance. (3) The reasons such additional time is necessary, including the unavailability of professional or technical personnel or of materials and equipment, or because necessary construction or alteration of · facilities cannot be completed by the original abatement date. (4) All available interim steps being taken to safeguard employees against the cited hazard during the abatement period. (5) A certification that a copy of the petition has been posted, and if appropriate, served on the aufuorized representative of affected employees, and a certification of the date upon which such posting and service was made. A petition for modification of abatement date shall be filed with the Indiana Department of Labor/IOSHA no later than the close of the next working day following the date on which abatement was originally required. A later-filed petition shall be accompanied by the employer's statement of exceptional circumstances explaining the delay. A copy of such petition shall be posted in a conspicuous place where all affected employees will have notice thereof or near such location where the violation occurred. The petition shall remain posted until the time period for the filing of a petition for review of the Commissioner's granting or denying the petition expires. Where affected employees are represented by an authorized representative, said representative shall be served a copy of such petition. Notification of Corrective Action- Correction of the alleged violations which have an abatement period of thirty (30) days or less should be reported in writing to us promptly upon correction. A "Letter of Abatement" form and an "Abatement Photographs" worksheet are enclosed for your assistance in providing adequate documentation of abatement. Reports of corrections should show specific corrective action on ea<;h alleged violation and the date of such action. On alleged violations with abatement periods of more than thirty (30) days, a written progress report should be submitted, detailing what has been done, what remains to be done, and the time needed to fully abate each such violation. When the alleged violation is fully abated, we should be so advised. Timely correction of an alleged violation does not affect the initial proposed penalty.. Followup Inspections -Please be advised that a followup inspection may be made for the purpose of ascertaining that you have posted the safety order(s) and corrected fue alleged violations. Failure to correct an alleged violation may result in additional penalties for each day that fue violation has not been corrected. Employer Discrimination Unlawful - The law prohibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes that he/she has been discriminated against may file a complaint no later fuan 30 days after the discrimination occurred wifu the Indiana Department of Labor/IOSHA at the address shown above. Notice to Employees -The law gives an employee or his/her representative fue opportunity to object to any abatement date set for a violation if he/she believes the date to be unreasonable. The contest must Safety Order and Notification of Penalty Page 3 of9 OSHA-2 (Rev l/14) be mailed to the Indiana Department of Labor/IOSHA at the address shown above within fifteen (15) working days (excluding weekends and State holidays) or receipt by the employer of this safety order and penalty. If you wish additional information, you may direct such requests to us at the address or telephone number stated above. Safety Order and Notification of Penalty Page 4 of9 OSHA-2 (Rev 1/14) Indiana Department of Labor NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE An informal conference has been scheduled with IOSHA to discuss the safety order(s) issued on 10/26/2017. The conference will be held at the IOSHA office located a t 402 West Washington Street, at Room Wl95, Indianapolis, IN 46204 on . Employees and/or representatives of employees have a right to attend an informal conference. Safety Order and Notification of Penalty Page 5 of9 . OSHA-2 ,(Rev 1/14) InspectionNumber: Indiana Department of Labor Occupational Safety and Health Administration 318090651 Inspection Date(s): 9/25/2017-9/27/2017 Issuance Date: 10/26/2017 CSHOID: B6160 Optional ReportNo.: 0076-18 Safety Order and Notification of Penalty CompanyName: Amazon.com Inc. Inspection Site: 800 Perr y Road, Plainfield, Safety Order 01 Item 001 IN 46168 Type of Violation: Serious 29 CFR 1910.147(c)(4)(i): Procedures were not developed, documented and utilized for the control of potentially hazardous energy when employees were engaged in activities covered by this section: On or about 09/24/2017@ 12:56 pm, maintenance employee was exposed to a struck by hazard while working on a powered iodustrial truck and not utilizing LOTO p rocedures while working underneath the mast assembly with forks attached (weighiog est. 1,200 pounds). Date By Which Violation Must Be Abated: 12/1/2017 Proposed Penalty: $7,000.00 Safety Order and Notification of Penally Page 6 of9 OSHA-2 (Rev 1/14) · · Indiana Department of Labor Inspection Number: 318090651 Occupational Safety and Health Administration Inspection Date(s): 9/25/2017 - 9/27/2017 Issuance Date: 10/26/2017 CSHOID: B6160 OptionalReport No.: 0076-18 Safety Order and Notification of Penalty Company Name: Arnazon.com Inc. Inspection Site: 800 Perry Road, Plainfield, IN 46168 Safety Order 01 Item 002 Type of Violation: Serious 29 CFR 1910.147(c)(7 )(i): The employer did not provide adequate training to ensure that employees acquired the knowledge and skills required for the safe application, usage and removal of energy control devices: On or about 09/24/2017@ 12:56 pm, maintenance employee was exposed to a struck by hazard while working on a powered industrial truck without LOTO training to recognize hazards while working underneath the mast assembly with forks attached (weighing est 1,200 pounds). Date By Which Violation Must Be Abated: 12/112017 Proposed Penalty: $7,000.00 Safety Order and Notification of Penalty Page 7 of9 OSHA-2 (Rev 1/14) Indiana Department of Labor InspectionNumber: 318090651 Occupational Safety and Health Administration Inspection Date(s): 9/25/2017 - 9/27/2017 Issuance Date: 10/26/2017 CSHOID: B6160 Optional ReportNo.: 0076-18 Safety Order and Notification of Penalty Company Name: Amazon.com Inc. Inspection Site: 800 Perry Road, Plainfield, JN 46168 Safety Order 01 Item 003 Type of Violation: Serious 29 CFR 1 910.147(d)(3): All energy isolating devices that were needed to control the energy to the machine or equipment were not physically located and operated in such a manner as to isolate the machine or equipment from the energy source(s): On or about 09/24/2017@ 12:56 pm, maintenance employee was exposed to a struck by hazard while working on a powered industrial truck and not utilizing LOTO devices such as but not limited to safety stand while working underneath the mast assembly with forks attached (weighing est. 1,200 pounds). Date By Which Violation Must Be Abated: 12/1/2017 Proposed Penalty: $7,000.00 Safety Order and Notification ofPenal1y Page 8 of9 OSHA-2 (Rev 1/14) Indiana Department of Labor InspectionNumber: Occupational Safety and Healfu A4minis1ration Inspection Date(s): 318090651 9/25/2017- 9/27/2017 Issuance Date: 10/26/2017 CSHOID: B6160 Optional ReportNo.: 0076-18 Safety Order and Notification of Penalty CompanyName: Inspection Site: Amazon.com Inc. 800 Perry Road, Plainfield, IN 46168 Safety Order 01 Item 004 Typ e of Violation: Serious 29 CFR 191 0.147( d)(5)(i): All potentially hazardous stored or residual energy was not relieved, disconnected, res1rained or ofuerwise rendered safe after fue application of lockout or tagout devices to energy isolating devices: or about 09/24/2017 @ 12:56 pm, maintenance employee was exposed to a struck by hazard while working on a powered industrial truck and not utilizing LOTO devices while working nndemeafu a mast assembly of fuePIV wifu forks attached (weighing est. 1,200 ponnds). On Date By Which Violation Must Be Abated: 12/112017 Proposed Penalty: $7,000.00 Director of General Industry Srlety Order and Notification of P enalty Page9 of9 OSHA-2 (Rev 1/14) Indiana Department of Labor Indiana Occupational Safety and Health Administration 402 West Washington St - Room W195 Indianapolis, IN 46204 Phone: (317)232-2691 FAX: (317)233-3790 INVOICE/DEBT COLLECTION NOTICE Company Name: Amazon.com Inc. Inspection Site: 800 Perry Road, Plainfield, IN 46168 Issuance Date: 10/26/2017 Summary of Penalties for InspectiorrNumber: 318090651 Safety Order 1, Serious TOTAL PENALTIES = $28,000.00 = $28,000.00 Penalties are due within fifteen (15) working days of receipt of this notification unless contested. Make your check or money order payable to: "Indiana DOL!rOSHA". Please indicate IOSHA's Inspection · Number (indicated above) on tbe remittance. IOSHA does not agree to any restrictions or conditions or endorsements put on any check or money order for less than full amount due, and will cash the check or money order as if tbese restrictions, conditions, or endorsements do not exist. Corrective action, taken by you for each alleged violation should be submitted to this office on or about tbe abatement d ates indicated on tbe Safety Order and Notification of Penalty. A work sheet has been provided to assist in providing tbe required abatement information. A completed copy of this work sheet should be posted at the worksite with tbe safety order(s). � ll>-U-Zol;' �D. Date J Director of General Industry Safety Order and Notification of Penalty Page 1 (Rev 9/13) ·