UNITED STATES OF AMERICA 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 

In Re Inspection of: ) 

 ) 

BP PRODUCTS NORTH AMERICA INC., ) Inspection Nos. 308314640, 

and its Successors, ) 308314988, 308314632, 308316942, 

 ) 308316322, 308316314, 308314996, 

 ) 308315019, 308316751 

 ) 

SETTLEMENT AGREEMENT

WHEREAS, the United States Department of Labor, Secretary of Labor, 

Occupational Safety and Health Administration (“OSHA”) has issued citations in 

connection with Inspection Nos. 308314640 and 308314988 (the “citations”), and its 

investigation of an explosion and fire at the Refinery owned by BP Products North 

America Inc. (“BP Products”) located at Texas City, Texas (the “Texas City Refinery” or 

“Refinery”); 

WHEREAS, OSHA has other ongoing investigations at the Texas City Refinery 

identified by the Inspection Nos. 308314632, 308316942, 308316322, 308316314, 

308314996, 308315019, and 308316751 (the “other inspections”); 

WHEREAS, OSHA has presented its findings concerning the other inspections to 

BP Products; and 

WHEREAS, OSHA and BP Products desire to resolve all issues involving the 

citations and matters connected with all of the identified inspections; 

OSHA and BP Products hereby agree as follows with respect to the Texas City 

Refinery: 

1. PSM Expert: BP Products agrees, as a condition of settlement, to perform 

the following with respect to the Texas City Refinery: 
2

a. BP Products shall retain one or more firms with expertise in the 

field of process safety management, including pressure relief systems, safety 

instrumented systems, human factor analysis and performing process safety audits and 

PSM system audits (“PSM Expert”) to conduct a comprehensive audit and analysis of the 

PSM Systems at BP Products’ Refinery and assess the robustness of the PSM systems. 

BP Products shall nominate a firm or firms and shall provide credentials for the firm(s) 

and its principals to the OSHA office within sixty (60) days following the execution of 

this Settlement Agreement. If OSHA does not concur in the retention of a firm, BP 

Products shall continue the search until it nominates a firm which is accepted by OSHA. 

That firm(s) shall be retained by BP Products within thirty (30) days following OSHA’s 

concurrence. For purposes of this Agreement, the retained firm or firms is referred to as 

the “PSM Expert.” 

b. The audit and analysis shall be comprehensive, conducted in 

accordance with best practices in the industry, and shall include, but is not limited to, the 

following matters: 

(1) The safe location of personnel in relation to hazardous 

processes; 

(2) The safe movement of vehicles into process areas; 

(3) The construction of fired and unfired pressure vessels, 

particularly the relief of overpressures to a safe location, in 

accordance with 29 CFR 1910.106(i)(3) and the referenced 

ASME codes; 

(4) The classification of hazardous locations as defined in 29 
3

CFR 1910.399; 

(5) The notification of contractors and employees regarding 

potential hazards; 

(6) The inspection and maintenance of alarms providing 

personnel with notification of hazardous conditions that 

may be developing; 

(7) The standard operating procedures (particularly start up and 

emergency shut down procedures); 

(8) The adequacy of pressure relief for individual pieces of 

equipment; 

(9) The adequacy of safety instrumented systems; 

(10) Human factor analysis; and 

(11) Lock out/Tag out programs, procedures, and applications. 

In conducting the audit and assessment, the PSM Expert shall seek input from BP 

Products’ authorized employee representative. 

c. The PSM Expert shall produce to BP Products, pursuant to the 

terms of this Agreement, his first audit report within six (6) months from the date of 

retention by BP Products. Thereafter, the PSM Expert shall provide two semi-annual 

progress reports and one final report (collectively, the “Safety Reports”). The final report 

shall be submitted to BP Products two (2) years from the date BP Products retains the 

PSM Expert. Each Safety Report shall include the deficiencies found and 

recommendations for correction. These recommendations shall be prioritized to place 

those recommendations first that address the most imminent hazards posed to personnel. 
4

Within ten days of BP Products’ receipt of a Safety Report, BP Products will provide the 

Report to OSHA’s Houston South Area Office and to BP Products’ authorized employee 

representative for review and comment. Should any Safety Report contain confidential 

business information (“CBI”), BP Products will provide that portion of the Report only to 

OSHA; BP Products will also provide that portion of the Report to any authorized 

employee representative that has executed a confidentiality agreement with BP Products 

in which the employee representative agrees not to disclose any CBI in the Report to 

third parties. BP Products shall implement all feasible recommendations in the Safety 

Reports. BP Products shall prepare and provide a copy of a statement of action to be 

taken on the recommendations set forth in the Safety Report (“statement of action”) to 

OSHA and the authorized employee representative within thirty days (30) of receipt of 

the Safety Report. If BP Products determines not to implement any recommendation(s) 

contained in the Safety Report, BP Products will state in detail in the statement of action 

the reason(s) why the recommendation will not be implemented and an indication of the 

action(s) to be taken to deal with the stated issue, including measures BP Products will 

employ to protect employees from the stated issue. 

d. OSHA and the authorized employee representative shall have 

fifteen (15) business days to respond to BP Products’ statement of action. In the event 

OSHA and BP Products disagree, they will confer to resolve such disagreement within a 

reasonable time after OSHA’s comments are received. The responsibility to confer 

within a reasonable time does not waive BP Products’ right to file a petition for 

modification under 29 CFR 1903.14a, nor does it waive BP Products’ obligations to 

comply with the time periods and posting requirements provided in 29 CFR 1903.14a. 
5

2. Organizational Expert: BP Products agrees to retain an expert who is 

qualified by education, experience and training in organizational communication, 

organizational behavior, or organizational analysis (“Organizational Expert”). The 

names and credentials of firms and their principals having this expertise that are under 

consideration shall be provided to the OSHA office within sixty (60) days following the 

execution of this Settlement Agreement. If OSHA does not concur in the retention of a 

firm, BP Products shall continue the search until it locates a firm with whose retention 

OSHA concurs. That firm shall be retained by BP Products within thirty (30) days 

following OSHA’s concurrence. 

a. The Organizational Expert’s focus and recommendations should 

address, at a minimum, the following concepts and desired results: 

1. Concepts: 

Management Commitment/Employee Involvement: 

Management commitment and employee involvement are 

complementary. Management commitment provides the 

motivating force and the resources for organizing and 

controlling activities within an organization. In any 

effective safety and health program, management regards 

workers’ safety and health as a fundamental core value of 

the organization and applies its commitment to safety and 

health protection with as much vigor as to other 

organizational purposes. Employee involvement provides 

the means through which workers develop and/or express 

their own commitment to safety and health protection, for 

themselves and for their fellow workers. 

2. Results: 

(a). State clearly a worksite policy on safe and healthful 

work and working conditions so that all personnel with 

responsibility at the site and personnel at other locations 

with responsibility for the site understand the priority of 

safety and health protection in relation to other 

organizational values. 
6

(b). Provide visible top management involvement in 

developing and implementing the program, so that all will 

understand that management is committed to establishing 

safety and health as a core value of all company operations. 

(c). Strive to develop a process with represented 

organized labor, such as the Triangle of Prevention System 

(“TOPS Program”) or the Safety Training Operations 

Maintenance Process Program (“STOMP Program”), to 

encourage employee involvement in the structure and 

operation of the program and in decisions that affect their 

safety and health. 

(d). Provide adequate authority and resources to 

responsible parties, so that assigned responsibilities can be 

met. 

(e). Hold managers, supervisors, and employees directly 

accountable for meeting their safety and health 

responsibilities, so that essential tasks will be performed. 

b. The Organizational Expert will provide a written interim and final 

assessment of the communication within BP Products’ Refinery with respect to safety 

and safety commitment (collectively the “Organizational Reports”). The Organizational 

Reports shall be submitted to BP Products at six months and at one (1) year from the date 

this Settlement Agreement is executed if the Organizational Expert has been previously 

retained by BP Products or, if that is not the case, from the date BP Products retains the 

Organizational Expert. The Organizational Reports will include communication within 

and between the following groups: management employees, supervisors, authorized 

employee representatives and non-management employees, and will assess the impact of 

the communication on the implementation of safety practices and procedures. Within ten 

days of BP Products’ receipt of an Organizational Report, it shall provide that Report to 

OSHA’s Houston South Area Office and to BP Products’ authorized employee 

representative for their review and comment. Should any Organizational Report contain 
7

CBI, BP Products will provide that portion of the Report only to OSHA; BP Products will 

also provide that portion of the Report to any authorized employee representative that has 

executed a confidentiality agreement with BP Products in which the employee 

representative agrees not to disclose any CBI in the Report to third parties. 

c. BP Products will implement all feasible recommendations in the 

Organizational Reports. BP Products shall prepare and provide a copy of a statement of 

action to be taken on the recommendations set forth in the Organizational Report 

(“statement of action”). In the event BP Products determines not to implement any 

recommendation(s) contained in the Organizational Report, BP Products will detail in the 

statement of action the reason(s) why the recommendation is not to be implemented and 

an indication of the action(s) to be taken to deal with the stated issue. BP Products agrees 

to provide a copy of the statement of action to the company’s authorized representative at 

the same time OSHA is provided such statements. OSHA shall have fifteen (15) business 

days to respond to BP Products’ statement of action. In the event OSHA and BP 

Products disagree over any actions being or not being taken as a result of the 

recommendations, they will confer to resolve such disagreement within a reasonable time 

after OSHA’s comments are received. The responsibility to confer within a reasonable 

time does not waive BP Products’ right to file a petition for modification under 29 CFR 

1903.14a, nor does it waive BP Products’ obligations to comply with the time periods and 

posting requirements provided in 29 CFR 1903.14a. 

3. Safety and Health Training: BP Products shall ensure that all employees 

(management and labor) and contractors (to the extent training and communication is 

required for contractors by 29 CFR 1910.119) understand the hazards to which they may 
8

be exposed and how to prevent harm to themselves and others from exposure to these 

hazards, so that employees accept and follow established safety and health protections, 

including safe operating procedures. 

a. So that supervisors will carry out their safety and health 

responsibilities effectively, ensure that they understand those responsibilities and the 

reasons for them. 

b. Supervisors shall reinforce the employee training on the nature of 

potential hazards in their work and on needed protective measures through continual 

performance feedback and, if necessary, through enforcement of safe work practices. 

4. Occupational Injuries and Illnesses Logs: Every six (6) months, beginning 

six (6) months after the execution of this Agreement, for a total period of three (3) years, 

BP Products agrees to submit to OSHA, and to BP Products’ authorized employee 

representative, its Logs of Occupational Injuries and Illnesses (“OSHA 300 Logs”) and 

all incident reports related to PSM issues that are required by 29 CFR 1910.119(m), 

including near misses. Copies of reports provided pursuant to this paragraph (and any 

questions regarding such notices) shall be directed to: Occupational Safety and Health 

Administration, c/o Charles Williams, Area Director, Houston South Area Office, 17625 

El Camino Real, Suite 400, Houston, Texas 77058. In addition, BP Products shall notify 

OSHA’s Houston South Area Office of any accident or injury involving PSM and/or 

Lock out/Tag out related issues at BP Products’ Refinery that results in an employee 

losing work-time of one or more days during the three (3) year period following the date 

this Settlement Agreement is executed. Further, BP Products agrees to permit OSHA 

access to the workplace at BP’s Products’ Refinery to inspect and investigate any such 
9

accident or injury. 

5. Enforcement of Agreement: BP Products agrees that the citations 

incorporate the abatement measures set forth in Paragraphs numbered 1 through 4 

(including subparagraphs) of this Settlement Agreement and that these measures are 

required abatement of the cited conditions. BP Products waives its right to contest the 

Texas City Refinery citations and consents to the entry of a Final Order by the 

Occupational Safety and Health Review Commission that incorporates the terms of this 

Settlement Agreement, the citations, penalties, and abatement dates. The failure to 

perform any measure required in this Agreement may be cited as a failure to abate under 

Section 10(b) of the Occupational Safety and Health Act (the “Act”), 29 U.S.C. § 659(b). 

BP Products agrees that this Settlement Agreement and its terms, including the abatement 

measures set forth in Paragraphs 1 through 4 (including subparagraphs), shall be 

enforceable under Section 11(b) of the Act, 29 U.S.C. § 660(b). BP Products agrees that 

it will not oppose the filing of a petition for summary enforcement of this Agreement and 

citations under Section 11(b) of the Act, 29 U.S.C. § 660(b). Nor will BP Products 

oppose the entry of an order of enforcement in such a proceeding by the United States 

Court of Appeals. Nothing in this agreement limits BP Products’ defenses and arguments 

in an action for contempt or failure to abate (other than the argument that the provisions 

of this Agreement are not required abatement). 

6. Abatement: BP Products represents that hazardous conditions are, or will 

be, abated as follows: 

a. The citation items listed below are related to the Isomerization 

Unit (“ISOM unit”) itself and have been abated by the shutdown of the ISOM unit. If BP 
10

Products elects to restart the ISOM unit, BP Products will submit an abatement action 

plan addressing these items to OSHA at the Houston South Area Office at least ninety 

(90) days prior to restarting the ISOM unit. OSHA will then have thirty (30) days to 

review the plan and make requests or modifications to the plan by submitting them to the 

Texas City Refinery. BP Products will then have thirty (30) days to respond to OSHA’s 

requests or modifications and to discuss with OSHA any disagreements concerning the 

requests or modifications. The responsibility to confer with OSHA does not waive BP 

Products’ right to file a petition for modification under 29 CFR 1903.14a, nor does it 

waive BP Products’ obligations to comply with the time periods and posting requirements 

provided in 29 CFR 1903.14a. 

• Inspection Number 308314640:

• Citation 1, Items 1, 2a, 2b, 2c, 2d, 3, 4, 6, 7a, 7b, 8, 9, 10, 11, 

12 and 13; 

• Citation 2, Items 2, 3, 4, 5, 6, 7, 8; 

• Citation 2, Items 10 through 39;

• Citation 2, Items 41 through 109; 

• Citation 2, Item 110 and 116.

b. The citation items related to the blowdown stack in the ISOM unit, 

as listed below, are hereby abated by BP Products’ representation that the ISOM unit 

blowdown stack system has been permanently removed from service, other than for use 

required to de-inventory the ISOM process unit as part of the ongoing investigation by 

governmental agencies. Deinventory will be done in a manner that avoids exposing 

employees to hazards. 
11

• Inspection Number 308314640:

• Citation 1, Item 5; 

• Citation 2, Items 1, 40 and 111 through 115. 

c. BP Products represents that the citation items listed below have 

been abated as of the signing of this Agreement. Specifically, BP Products states that it 

has moved the contractor trailers and the electrical equipment connected to and added on 

to the contractor trailers, to a location a safe distance from any process units and other 

hazards of the work site. 

• Inspection Number 308314640:

• Citation 2, Items 117 through 134 and Items 147 through 301.

d. The items listed below will be deemed to be abated when BP 

Products notifies OSHA of the completion of the work of the Organizational Expert and 

the PSM Expert(s), as outlined previously in this Agreement. Each notice shall be 

submitted within thirty (30) days of the completion of the experts’ work. 

• Inspection Number 308314640:

• Citation 2, Item 9; 

• Abatement specified in Paragraphs 1, 2, 3 and 4 of this 

Agreement.

e. BP Products agrees that it will notify OSHA how it intends to 

abate the items listed below in an abatement action plan to be submitted to OSHA, 

pursuant to 29 CFR 1903.19(e), within sixty (60) days of the execution of this 

Agreement. OSHA will then have thirty (30) days to review the plan and make requests 

or modifications to the plan by submitting them to the Texas City facility. BP will then 
12

have thirty (30) days to respond to OSHA’s requests or modifications and to discuss with 

OSHA any disagreements concerning the requests or modifications. The responsibility to 

confer with OSHA does not waive BP Products’ right to file a petition for modification 

under 29 CFR 1903.14a, nor does it waive BP Products’ obligations to comply with the 

time periods and posting requirements provided in 29 CFR 1903.14a. 

• Inspection Number 308314640:

• Citation 2, Items 135 through 146. 

• Inspection Number 308314988 (The Health Inspection): 

• Citation 1, Items 1 through 9; 

• Citation 2, Items 1 through 2; 

• Citation 3, Items 1a, 1b and 2.

f. The items addressed in this section 6(f) relate to the other 

inspections at the Texas City Refinery listed below. To the extent such items are not 

addressed in this Agreement or have not already been abated, BP Products agrees that it 

will notify OSHA how it intends to abate the items listed below in an abatement action 

plan to be submitted to OSHA, pursuant to 29 CFR 1903.19(e), within sixty (60) days of 

the execution of this Agreement. OSHA will then have thirty (30) days to review the 

plan and make requests or modifications to the plan by submitting them to the Texas City 

Refinery. BP Products will then have thirty (30) days to respond to OSHA’s requests or 

modifications and to discuss with OSHA any disagreements concerning the requests or 

modifications. The responsibility to confer with OSHA does not waive BP Products’ 

right to file a petition for modification under 29 CFR 1903.14a, nor does it waive BP 

Products’ obligations to comply with the time periods and posting requirements provided 
13

in 29 CFR 1903.14a. 

Under BP Products’ siting procedures, BP Products has examined the 

location of all temporary and permanent occupied structures, in particular trailers and 

satellite control rooms, in the Texas City Refinery, and will re-examine these structures 

in compliance with the findings of the PSM Expert. Pursuant to its examination, BP 

Products has either evacuated or removed all trailers within 500 feet of blowdowns and 

flares, moved approximately 190 people from trailers to other buildings and has leased 

offsite space for further movement of personnel. Additionally, as to the Satellite Control 

Room (“Pump Room”) in the Fluid Catalyst Cracking Unit No. 1, BP Products has 

relocated resident employees from that room to the Central Control Room. In the future, 

BP Products will construct a substitute Satellite Control Room that is properly placed 

pursuant to BP Products’ policies and procedures on the siting of permanent facilities. 

Further, as part of the audit by the PSM expert, BP Products will address a 

positive material identification program for its piping system and the use of safety 

integrity levels (“SILs”) in its PHAs. 

● The other inspections: OSHA Inspection Nos. 308314632, 

308316942, 308316322, 308316314, 308314996, 308315019, and 308316751. 

7. Abatement Verification: BP Products will comply with all applicable 

abatement verification provisions of 29 C.F.R. 1903.19, including but not limited to, all 

certification, documentation, and posting requirements. Abatement certification shall be 

accomplished within 45 calendar days after the abatement dates specified in the OSHAapproved abatement plan, by mailing a letter to Occupational Safety and Health 

Administration, c/o Charles Williams, Area Director, Occupational Safety and Health 
14

Administration, Houston South Area Office, stating that abatement has been completed, 

the date and method of abatement, and that affected employees and their representatives 

have been informed, in writing, of the abatement. Any required abatement 

documentation shall be submitted along with the abatement certification. 

8. Abatement Monitoring: BP Products shall permit OSHA, including its 

experts, to have access to the workplace at BP Products’ Refinery subsequent to the dates 

fixed for abatement for the specific and limited purpose of determining if the conditions 

described in the citations and this Agreement have been corrected. BP Products also 

agrees to allow OSHA (including its experts) access to the Texas City Refinery to 

determine progress and compliance with this Agreement. Any experts retained by OSHA 

to assist in the monitoring effort shall execute a confidentiality agreement which prohibits 

such experts from disclosing to third parties any information related to the operation of 

the Texas City Refinery learned in connection with the monitoring. OSHA shall provide 

such confidentiality agreement(s) to BP Products prior to any such expert’s entry onto the 

Texas City Refinery. Nothing in this Agreement shall be construed as limiting OSHA’s 

authority to conduct any type of inspection authorized by the Act. 

9. Settlement Payment: BP Products shall pay the total penalty of 

$21,361,500.00 within forty five (45) days after the date this Settlement Agreement is 

executed. BP Products shall tender payment to: U.S. Department of Labor, Occupational 

Safety and Health Administration, c/o Charles Williams, Area Director, Houston South 

Area Office, 17625 El Camino Real, Suite 400, Houston, Texas 77058. The check shall 

be made payable to “U. S. Department of Labor - OSHA.” 

10. Compliance with OSH Act: BP Products shall comply with the 
15

Occupational Safety and Health Act. 

11. Authorized Employee Representative(s): BP Products certifies that the 

names and addresses of all authorized employee representatives of affected employees 

are: Joe Bilancich, Chairman, United Steelworkers of America, 2327 Texas Avenue, 

Texas City, Texas 77590-8341. 12. No Other Authorized Employee Representative(s): 

BP Products further certifies that there are no other unions representing affected 

employees except those set forth above. 

13. Service on Authorized Employee Representative(s): OSHA certifies that 

service of the fully executed Settlement Agreement was made on the authorized 

employee representative(s) on the _____ day of _______________________, 2005. 

14. Non-Admissions: Neither this Settlement Agreement nor BP Products’ 

consent to entry of a final order by the Commission pursuant to this Agreement 

constitutes any admission by BP Products, its parents, subsidiaries, affiliates, 

representatives, agents, officers, directors, or employees (the “BP Products Parties”) of 

violation of the Occupational Safety and Health Act (“OSH Act”) or regulations or 

standards promulgated there under. Neither this Settlement Agreement nor the Texas 

City Refinery citations, related reports or any order entered pursuant to this Agreement 

(collectively, the “Enforcement Documents”) is intended to be offered, used or admitted 

in evidence against any BP Products Parties in any proceeding or litigation, except for 

proceedings and matters brought by the United States Government. This does not 

preclude any BP Products Party from arguing the admissibility or non-admissibility of the 

Enforcement Documents under applicable rules of evidence in any subsequent 

proceedings, other than in proceedings brought by the Secretary of Labor to enforce this 
16

Agreement. BP Products is entering into this Agreement without any prejudice to the BP 

Products Parties’ rights to raise any defense or argument in any future or pending cases, 

proceeding, or litigation. The BP Products Parties retain the right to assert in any 

subsequent action or proceeding that any future existing conditions identical or similar to 

those alleged in the Texas City Refinery citations do not violate the Occupational Safety 

and Health Act or any standard promulgated there under. By BP Products’ entry into this 

Agreement, the BP Products Parties do not admit, and in fact specifically deny, the truth 

of any alleged facts, any of the characterizations of BP Products Parties' alleged conduct 

or any of the conclusions set forth in the Texas City Refinery citations or amended 

citations issued in this matter. The parties acknowledge that the agreements, statements, 

stipulations, and actions herein are made solely for the purpose of settling this matter 

economically and without litigation or further expense. 

15. Compliance with this Agreement: The parties agree that OSHA reserves 

the right to take appropriate action in the event it deems BP Products has not 

appropriately complied with this Agreement in good faith. 

16. Resolution of Other OSHA Inspections: Since the abatement contained in 

this Agreement is extensive and Refinery-wide, this Agreement resolves all pending 

issues in OSHA Inspection Nos. 308314640, 308314988, 308314632, 308316942, 

308316322, 308316314, 308314996, 308315019 and 308316751. 

17. Costs: Each party agrees to pay its own attorney’s fees, costs, and other 

expenses incurred by such party in connection with any stage of the above-referenced 

proceeding including, but not limited to, attorney’s fees which may be available under the 

Equal Access to Justice Act, as amended. 
17

18. Expiration: This Agreement shall expire four years from the date of 

execution of this Agreement or 45 days after BP Products certifies that it has completed 

the abatement actions required by Paragraphs 1-6 and 7, whichever is earlier. 

19. Notice or Communication to Texas City Refinery: When notice or 

communication to the Texas City Refinery is required herein, such notification will be 

accomplished by notifying all of the following: 

Pat Gower 

Refining Vice-President, U.S. Region 

BP Products North America Inc. 

Naperville Complex 

150 West Warrenville Road 

Mail Station 605-1E 

Naperville, IL 60563 

James Pickett 

BP Legal Department 

BP America Inc. 

Mail Code 4 West 

4101 Winfield Road 

Warrenville, IL 60555 

Paul Kaufman 

HSSE Compliance Manager, Texas City Refinery 

BP Products North America Inc. 

2401 5th Avenue South 

P. O. Box 401 

Mail Code NOB-4A 

Texas City, TX 77590-0401 

Should there be a change in the person(s) occupying the above positions during the term 

of this Agreement, BP Products will provide OSHA with the name of the new person. 

20. Force Majeure: No BP Products Party shall be sanctioned or otherwise 

held liable for any failure to perform the obligations in connection with any actions 

described in this Agreement, if such failure results from any act of God, riot, war, civil 

unrest, terrorism, hurricane, flood, earthquake or other cause beyond BP Products Party’s 
18

control. Nothing in this Agreement shall be construed as any type of limitation of 

OSHA’s authority or ability to conduct any type of inspection authorized by the Act. 

21. Construction: The headings in this Agreement are for convenience and 

are not intended to affect construction or interpretation. The plural includes the singular 

and the singular includes the plural; “and” and “or” are each used both conjunctively and 

disjunctively; “any” and “all” each mean “any and all”; “each” and “every” each mean 

“each and every”; and “including” and “includes” are each “without limitation.” 

 Respectfully submitted, 

BP PRODUCTS NORTH AMERICA INC. 

 

 

BY: 

____________________________________

PATRICK E. GOWER 

Refining Vice-President, U. S. Region 

 

Signed this ______________ day of 

 , 2005. 

BP Products North America, Inc. 

Naperville Complex 

150 West Warrenville Road 

Mail Station 605-1E 

Naperville, Illinois 60563 

Authorized Representative of Respondent. 

 UNITED STATES DEPARTMENT OF 

LABOR, OCCUPATIONAL SAFETY AND 

HEALTH ADMINISTRATION 

BY: 

____________________________________ 

JOHN B. MILES, JR. 

OSHA Regional Administrator, Region VI 

Signed this________________ day of 

__________________________, 2005. 

U. S. Department of Labor 

Occupational Safety & Health Administration 

Region VI Office 

525 S. Griffin Street, Suite 602 

Dallas, Texas 75202 

Representative for OSHA.