Document 0Xr7JD722748x37QwpzaZNbM

U.S. Department of Labor1 April 2^r, 1980 Office of the Solicitor 555 Griffin Sauere Building Dallas. Texas 75202 v. Reply to fhe Attention of: FREDD J. HAAS: el a PLAINTIFFS^ fe-EXHIBmsfli Mr. Ray iL Darling, Jr. ExecutivAsecretary Occupatioml Safety and Health Review Commission 1825 K street NW Washington, Ds.C. 20006 Re: Secretary of Labor v. Union Carbide, OSHRC Docket No. _____________________ OSHA Inspection No. S6329-019 Region VI SOL Case No. 12419 Inc. ^co K-*cfj I8pn ik l%'y JZSKy Dear Mr. Darling: Enclosed for filing are the original and two copies of the below listed instruments. After filing, please return a conformed copy to us in the enclosed envelope, indicating the date filed. Complaint If you have any questions, please contact us at 214/767-4902 (commercial) or 729-4902 (FTS). Respectfully, enclosures; Complaint (3) & Return Envelope cc: Mr. John W. Whittlesey Chief Labor Counsel Union Carbide Corporation 270 Park Avenue New York, New York 10017 UCTC 21229 UNITED STATES OF AMERICA OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RAY MARSHALL, Secretary of Labor, ,United States Department of Labor ,Complainant Respondent. ) ) ) ) ) ) ) ) ) ) ) OSHRC Docket No. COMPLAINT An inspection has disclosed that, at the times and in the manner hereinafter stated, the provisions of Section 5(a)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651, et seq.), hereinafter referred to as the Act, and of the Occupational Safety and Health Standards, promulgated thereunder, have been violated. It is, therefore, alleged and charged that: I. Jurisdiction of this proceeding is conferred upon the Occupa tional Safety and Health Review Commission, hereinafter referred to as the Commission, by Section 10(c) of the Act. UCTC 21230 o II. Respondent, Union Carbide, Inc., is a corporation having a place of business and office at Texas City, Texas and a workplace at Texas City, Texas, where it is engaged in the operation of a chemical plant. At all times hereinafter mentioned, the activities of the respondent and employees of the respondent have included, and do include, the production of goods for commerce, being engaged in commerce, or the handling or working on goods that move in interstate commerce. By reason thereof, respondent has been, and is an employer engaged in a business affecting commerce who has employees within the meaning of Section 3(5) of the Act. III. On or about March 13, 1980, an inspection was conducted by . an authorized representative of the complainant of the aforemen tioned workplace, under the operation and control of the respondent pursuant to Section 9(a) of the Act. As a result of the said inspection, respondent was issued Citation No. S6329-019, which is attached hereto as "Exhibit A," and hereby incorporated by reference. The said exhibit includes a copy of each individual citation and notification of proposed penalty made the subject matter of this action. In each instance, the citation identifies the specific standard violated, describes the violation, specifies the abatement date and proposed penalty for each contested item. IV. Pursuant to-29 CFR Part 2200.33(a)(3) complainant hereby yamends "Exhibit A" as it read in item 1 of Serious Citation No. A - S6329-019 as follows: UCTC 21231 c( Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or were likely to cause death or serious physical harm to employees, in that: (a) An amine-sensitive employee was allowed to work in an area where there existed the potential of amine releases, particularly a release of ethylenediamine. The reason for such amendment is to clearly set forth the hazard which the employee was exposed to. V. In determining the abatement date for each contested item, as aforesaid, complainant gave due consideration to the gravity of the violations, the number of employees exposed, the availability of needed equipment and the period of time within which respondent earn reasonably be expected to correct said violation. VI. In determining the amount of each proposed penalty, as aforesaid, as characterized under Section 17 of the Act, due consideration was given to the gravity of the violation, the good faith of the employer, the size of respondent's business, and the history of previous violations as required under Section 17(j) of the Act. VII. The complainant received from the respondent a timely notifi cation of intent to. contest the citation, proposed penalty, and the reasonableness of the abatement, pursuant to the provisions of Section 10(a) of the Act. UCTC 21232 < WHEREFORE PREMISES CONSIDERED, Complainant demands the Commission issue an order pursuant to section 10(c) of the Act affirming the citation, penalty, and abatement date. CARIN ANN CLAUSS Solicitor of Labor NOTICE TO RESPONDENT You are hereby notified that you must plead or otherwise answer this complaint, either denying or admitting the allegations, within 15 days of your receipt of this complaint Failure to do so may result in dismissal of your notice of contest. See Rule 33(b), Rules of Procedure, Occupation::; Lcfety and Health Review Commission. Pleadings are to be sent to the Occupational Safely and : ,3; :T3---isw Commission, 1825 K Street, N. W, 0. C. 2C0G3. JAMES E. WHITE Regional Solicitor JACK F. OSTRANDER Counsel for Occupational Safety and Health Attorneys for Complainant. SOL Case No. 12419 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Pleading of the Secretary of Labor upon all parties, party representatives, and attorneys in the above entitled and numbered cause by depositing the same in the United States Mail, in a franked envelope addressed to such parties and attorneys last known address. Certified this UCTC 21233 City Arss. Off o .nco a 3d. 1 - Saits 5D5 Boastan* EC 77058 SrBIOGS 1 BcSIB*^ 1 u ___&___ 4355- Certified Sail Bo. 5910333 Betsm Bsoeiot Hsoasatsd INSPECTION DATE: Vi 3/80 INSPECTION SITE: 5Avsne South 3300 PENALTIE ; ARE DUE I WITHIN 15 IDAYS OF ; RECEIPT : OF THIS : NOTIFICA : UNLESS : CONTEST! to: Onion Cer^E-ie, Ins. P.0, 3ox 471 ` Texas City, TX 77533 Texas City, EC 77590 t ISatandOR THE LAW REQUIRES that a easy o* (hit Booklat) Citation ba posted immediately in a pomi- nant placa at or naar tha location gl tha >ia ; Thia Snctior lationlt) chad below. Tha Citation muR Ba Detachat tamain ponad until tha flotations chad be- Balova Poai Attn: Sr. Larry Saitb. low haa boon corrected, ot lot 3 wotkinf days (aacludins waakandi and Federal both daysi micheer h longer. a citation daacribaa violations of Tha Occupational Salary and Haalth Act of 1970. Tha panaiiyliat) iiatad baiow n baaed on dim violations. a must covtact tha violations referredto in this citationAy;Thedataa Iiatad baiow and pay tha panaltiai propoaad. untaw within 15 working daya duding weekends and Federaiholidays) frorirydu' receipt of this citation' and panaity you mail a notice ol contast to tha U.S. Department of or Area Offica at tha addraaa mown above. - ISaa dta ondoaad booklat which oudinas your taaponsibiliTiaa and couraaa of action and mould ba i in conjunction whh dtit fovmj ___ _ .. :.r~ -------- M NUMBER v!``Zl-.jr. LNOARO. REGULATION ORSECTION OF THE-ACT VIOLATED;.~~ DESCRIPTION'"-' DATE BY WHICH VIOLATION MUST BE CORRECTED ' PENAL! . Laeryi oliaii nrts'drwscxiiiisfifTTTjChlii^ci'tafetagEg^B.'ariegsdLio"isKde:occarrad on- cr-- ahegrfr^ths~dny theijtogpAeiian-waa^nadir t&Iasss.<43ierTn^i?i2idL6act4., trithin."^Ttg-!Rniairj'~E lei 'TKnnvwa^aL^,=!^r!2gyr*;dCZL'.----------l------- TatmdlsAsly saoo gaie'-gggloycx~did jtr>t~'rcxit1l oC: :/ . .ic * . " yjn YVw^" ~T TfJ `gT* Vanwlng CtP WWCeiliHp^ liiely'to csnei&saili.ici' .scriociL:jhjsl ra~T ~-hrna 'ta. sajpXoysas, :sb rthsdsi^ . *! '*.2 'tS?;-; . (ai) in tsaplaj ssrebel ses -wndi caT3^UBsaxicte&I:fcxa.rthe____ - - - e-e;.- V ..-.Mr.-:: * Ajf` -. % . ^s^^yciM^i^i''iiahBiL'rofggisrplaferig:lio; sna a~'of'Tiis eeasifcti'ilty^'cvH.^ inlas iirwx>f^7ifteV>es' ieeejfcgBsg~t6' .~tfae~ ` ** .. t*'Z y-- T*ViJr*;.vCttT fev . * " wm .o' v s r * ***&&-- .4 EXHIBIT. "AT A DIRECTOR VTv ~\ ! ~^} BA-7is Lc-nrs Nf^, tJ OJ^i . ' pl ____________;_____________ ___ _________ ssoo CE TO EMPLOYEES - Tha law givts an employt* or hi/ lantative th* opportunity to object to ny abaiacnertt date >r violation if he believes The dere to be unreesonebie. EMPLOYER DISCRIMINATION LINLAWFUL - Th* law pro- :T0TAl PENAL hibiu discrimination by an tmploycr astimt an employed lor : FOR THIS filing e complaint or for exercising anv richts under this Ac; CI1222? : w s: r.jr. nv'ist :s the U.S. Oepeamem ot Libor Ar. tmoiovee w*ho t-jneves tMt h< r. $tr\ cijcnrr.i.-iiteo it :?iff trfti? fhowr. within 15 working 6iys. acairrt .mav file, t *17--r**;r:* ca. t-*;**i: p^v*w 7 '