Document 2RByEjdo9QpZ8N0DDXKyq2EQa

wS * U.S. Department of Labor August 11, 1902" >v- '*;'--V^ Occupational Saloty and Health Administration 2320 LaBranch -- Room 2118 Houston, Texas 77004 Reply to the Attention of: DCAcn/cn KtUtlVED AUS 17 B0Z ~T" fcXfX. UXz. H F A DFPT 16Z 6. Mr. Walker Horn, Supervisor Off-Plant Disposal Area Union Carbide 3301 Ave., South Texas City, TX 77590 Re: C-4523 AC _ PLAINTIFFS -- ). i1`EXHIBIT|... :V; X- Dear Mr. Horn: On July 2, 1982, the Occupational Safety and Health Administration (OSHA) received a complaint concerning health hazards at your worksite at OPDA, Union Carbide. The specific nature of the complaint involves employee(s) being exposed to chemical vapors from the disposal pits. Reference OSHA Air Contaminant Standard 29 CPR 1910.1000 copy enclosed. If feasible admini strative and/or engineering controls can not be implemented to reduce employee(s) exposure(s), effective respiratory protection shall be provided and used by employee(s). A copy of OSHA's Respiratory Protection Standard 29 CPR 1910.134 is also being enclosed. We have not determined whether the hazards, as alleged, exist at your workplace and we are not conducting an inspection at this time. However, since allega tions of violations have been made, you should investigate the alleged condi tion^) and make any necessary corrections or modifications. Within 30 calendar days of your receipt of this letter please advise me in writing of your findings and of the action you have taken. Your response should be detailed, stating specifically what action you have taken to correct any hazards. You should . enolose any supporting documentation on the action you have taken, such as monitoring results, new equipment, orders and the like, as well as photograph(s) of the corrected condition. The complainant has been advised of this preliminary response to the complaint, and furnished'a copy of this letter. Section 11(c) of the Occupational Safety and Health Act of 1970 provides that "No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint . . . or because of the exercise by such employee on behalf of himself or others of any right afforded by this Act." This letter is not a citation nor is it a notification of proposed penalty which, according to the OSHA Act, may be issued only after an inspection or investigation of the workplace. If we do not receive a response from jrou within' 30 calendar days indicating that appropriate action has been taken or that no hazard exists and why, an inspection may be conducted. In addition, OSHA's policy is to select for inspection a random sample of cases where we have received letters in which employers have indicated satis factory corrective action to assure that the employer has actually taken i< UCTC21199 2 the action asserted in his letter. Finally, any action taken ty you in this matter will not automatically remove your workplace from the possibility of an unannounced inspection by duly authorized representatives of OSHA in accordance with routine scheduling procedures currently in effect. You are requested to post a copy of this letter and your response to it where it will be readily accessible for review by all of your employees. If you have any questions concerning this matter, please contact our office. Your personal support and interest in the safety and health of your employees is appreciated. Sincerely, Gerald A. Baty Area Director Enclosures UCTC 21200 PERSONNEL WHO HAVE ASSIGNED DUTIES AT THE OPDA NO 12 1 5 About 10 12 JOB TITLE JOB DESCRIPTION Operators Inspect, take samples, start and stop pumps Laborer clean up screens and samplers clean up trash, pick up drums Vacuum Truck Drivers Maintenance (different crafts such as oiler, pipefitter, electrician, fuel truck driver, winch truck driver, garage mechanic, instrumentman, machinist) Engineer and Supervisors Inspect, sample Security patrol drive around once a day UCTC 21201 -arc>F|^^^ts-;:; .:: ,'sp|?^| oVr----:------ A _ ' Vi /.^RECEIVED 5^ Pe^e^o^U. -- ft? $A/^^Z^L5 ^ / -' M~y ~!Q O /^^<t#^*^f.^. f sAjjfeAA*/* rJlstiu/sC&'Jkjts&C. C*sa^ /77^py> -HZ._*k/.. \ i ii 9 __ _I,,---------------------- ----- -- A/Mnc*d UCTC 21202