Document 30Qadrjwd7d8XwrgdKBELgVO

1988 OSHA ALGC COMPOUND l<*p- *  JU-S- .Department of Labor Occupational Safety and Healtt> Administration ..Citation and Notification of Penalty 3. Issuance Date 4. Inspection Ntaitar U.S. Department of Labor - OSHA 07/18/88 101328144 ^oom 734 - Federal Office Building 5. Reporting ID 6.CSH010 -4 North Summit Street Toledo, OH 43604 The violaUon{s) described in this Citation are alleged to have oc curred on or about the day (he inspection was made unless 0524700 7. Optional Report No. 799 MS727 S. Page No. 1 of 3 1 1, Type o! Violation(s) 2. Citation Number 1 Otherwise invested within the 10. Inspection Oate(a): description given below. Serious 01 11. Inspection Site: 5/11/88 - 6/23/88 9*To: Ualker Road Avon Lake, OH 44012 B. F. Goodrich - Avon Lake General Chemical Plant and its successors P. O. Box 134 Avon Lake, OH 44012 THE LAW REQUtftES that a copy of tNs Ctution be posted (mmedtetety hi a prominent place at or near the location oi the vidation(i) cited beta*. The CRstiOA must remain potted until the violations cited below have been abated, or for 3 wortdng days (excluding weekends end Federal hofldays). wttciever la longer. This Citation daecrtbat violations of the Occupational Safety and llaaith Act at 1W0. This panelty(ies) listed below are based on theae violations. Voa auet abate the violations referred to ht this Citation by the date* Hated below and pay the penalties proposed, unless within IS wortdng dam (saffiuffing washswds aid Federal holidays) from your receipt of this Citation and penalty you mad a notice of contest to the U.S. Department of Labor Area Office at the wMess shown above. (See the enclosed booklet which outlines your rights and rasponetodWea and stmdd be read hi conjunction with this form.) You are bather notWed that unless you inform the Area Director In writing that you intend to contest the CKaUon or proposed penalties within IS wortdng days sfter reeffigt. tNs Citation and the proposed penalties wtfl become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation does not constitute a findhig that a violation of the Act has occurred unless there is a falure to contest as i--ddsd for in the Act or. If contested, unless the Citation is affirmed by the Review Commission. 12. Item Number 13. Standard. Regulation or Section of the Act Violated 14. Description 15. Oate by Wtic* |16. P Violation Mat f Be Abated 1 1 *) CFR 19l0.22(a)(l): Places of employment were not kept clean and derly, or in a sanitary condition: (mediately 15 Upon Receipt Prior to May 9, 1986, on the fourth floor of Building 441 where employees dumped materials from bags into bins and where materials were transferred into bins by means of pneumatic ducts from below and where there was the potential for the evolution of an explosive mixture of powdered material with the air, floors, and other surfaces were not kept free of accumulations of dusts and powders of combustible materials by means of a program of regular, routine cleaning in addition to the prompt clean up of spills and leaks. NGC 14147 17. Area Director Arnis Andersons NOTICE TO EMPLOYEES -- The (aw gives an employee or his representative the opportunity to object to any abate* ment date set for a violation if he believes the date to be unreasonable. The contest must be mailed to the U.S. Department of Labor Area Office at the address shown above within 15 working days (excluding weekends and Federal holidays} of the receipl by the employer of this Cita tion and penalty. EMPLOYER DISCRIMINATION UNLAWFUL -- The law pro- 1 hibits 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 has been discriminated against may file a complaint no later than 30 days after-ffe discrimination with the U.S. Department of Labor Area OS-: fice at the address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and should be read in conjunction with this notification. ORIGINAL rtcui.? (Rm Ma M> **PC I. . U.S,. department of Labor Occupational Safety and Health Administration Citation and Notification of Penalty . t/.S. Department of Labor - OSHA B&om 734 - Federal Office Building North Summit Street loiedo, OH 43604 1 1. Type of Violalion(s) 2. Citation Number Serious 01 3. Issuance Date 4. Inspection Number 07/18/88 101328144 5. Reporting ID 0524700 The violation^) described In this Citation are alleged to have oc curred on or about the day the inspection was made unless 7. Optional Report No. 799 otherwise indicated within the 10. Inspection Oate(s): description given below. 6.CSH0 10 M6727 8. Page No. 2 o. 3 It.Inspection Site: 5/11/88 - 6/23/88 9-To: Walker Road Avon Lake, OH 44012 B. F. Goodrich - Avon Lake General Chemical Plant and its successors P. O. Box 134 Avon Lake, OH 44012 Nntf Are D< tVabtffiWu.I Om Moai* elTM NotHl IMes Conte (See endo Book1 This May OeU Mo Pasi THE LAW REQUIRES that copy of this Citation be posted immediately in a prominent place at or near the location of the violations) cited below. The Citation must remain posted gnt> the violations cited below have been abated, or tor 3 working days (eaduSng weekends and Federal holidays}, whichever is longer.' This Citation describes violations of the Occupational Safety and Health Act of 1970. The penally(ies) feted below are based on these violations. You must abate the violalions referred to in this Citation by the dates listed below end pay the penalties proposed, unless within IS working days (excluding wsthands and Federal holidays}. Irom your receipt of this Citation and penalty you man a notice of contest to the U.S. Department of Labor Area Office at the address shown above. (See the enclosed booklet which outlines your rights and responsibilities and should be read in conjunction with this form.) You are further ratified that unless you inform the Area Director in writing that you intend to contest the Citation or proposed penalties within IS working days after receipt, this Citation and the proposed penalties wiN become a final order of (he Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance of (his Citation does not constitute fincfing that s violation of the Act has occurred unlees there is a laAire to contest as provided lor In the Act or, contested, unless the Citation is affirmed by the Review Commission. 12. item Number 13. Standard. Regulation or Section of the Act Violated 14. Description IS. Date by Which Violation Must Be Abated 16. Pen > ** CFR 1910.178(c)(2)(vi)(a)s Powered industrial trucks, other than roved trucks designated as BEXM were used in atmospheres in which combustible dust could be in suspension continuously, intermittently, jr periodically under normal operating conditions, in quantities sufficient to produce explosive or ienitable mixtures, or where nechanicai failure or abnormal operation of machinery or equipment night cause such mixtures to be produced: 08/22/88 9C Prior co May 9, 1988, on the fourth floor of Building 441 where employees dump materials from bags into bins and where materials are transferred into bins by means of pneumatic ducts from below and where there was the potential for the evolution of an explosive mixture of powdered material with the air, a Crown powered industrial truck (SAN H38C5-2) designated "E" was being used to move pallets of material into the area. 17. Area Director Arnis Andersons tlbst NOTICE TO EMPLOYEES -- The law gives an employee or his representative the opportunity to object to any abate ment date set for a violation if he believes the date to be unreasonable. The contest must be mailed to the U.S. Department of Labor Area Office at the address shown 'xive within 15 working days (excluding weekends and ederal holidays) ol the receipt by the employer of this Cita tion and penally. EMPLOYER DISCRIMINATION UNLAWFUL -- The law pro hibits discrimination by an employer against an employee for filing a complaint or tor exercising any rights under this Act. An employee who believes that he has been discriminated against may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor Area Of fice at the address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and should be read in conjunction with this notification. ORIGINAL NGC 14148 T Pe for Clt Mak Mom Py "DOL inInpd Nu U.S..Department of Labor Occupational Safety and Health Administration V Citation and Notification of Penalty U.S. Department of Labor - OSHA tn 734 - Federal Office Building ^.4 North Summit Street Toledo, OH 43604 I 1. Type of Vio)alion(s) t 2. Citation Number Serious 01 3. Issuance Oate 4. Inspection Number 07/18/88 101326144 S. Reporting ID 0524700 The violation^) described in this Citation are alleged to have oc 7. Optional Report No. curred on or about the day the 799 Inspection was made unless otherwise indicated within the 10. inspection Date{s): description given beta*. 6.CSHO ID M6727 8. Page No. 3 ol 3 11. Inspection Site: 5/11/68 - 6/23/88 B*To: Walker Road Avon Lake, OH 44012 Nw An Witt Day Rac IT Noli Un). Cor (Se> enc Boc B. F. Goodrich - Avon Lake General Chemical Plant and its successors P. O. Box 134 Avon Lake, OH 44012 m Ma Del Bei fo THE LAW ftGOUIRES that a copy of this Citation b* posted (nvneckatflty in a pnnWMnt place at or near the location ol the violation^ died below. The CHatlon must remain posted untH the violations cited below hw been abated, or tor 3 sotting days (exdudbg weekends and Federal holidays), whichever is longer. TNe Citation tfmcitoes violations of the Occupational Safety and Hetith Act ol 1970. The penatty(ies} Bsled below are based on these violations. You must abate the vtotatiom referred to M this Citation by the dates Rated below and pay the penalties proposed, unless within 15 wotting days (axchaSng weekends and Federal holidays) from your receipt of this Citation and penalty you trial a notice of contest to the U S. Department of Labor Area Office at the address shown above. (See the enclosed booklet which outlines your rights nd raaponaMilies and should be read in conjunction wrilh this form.) You era further notiftad that unless you Worm the Area Director m writing that you intend to contest the Citation or proposed penalties within IS working days alter receipt. (Ns CHatlon and the proposed penalties vrfff become a final order of the Oceupattonaf Safety and Heaftfi Review Commission and may not be reviewed by any eourt or agency. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there It a taRura to contest as pfaukM tor In the Act or. N contested, unless the Citation is affirmed by the Review Commission. ___________ 12. Item Number 12. Standard. Regulation or Section of the Act Violated 14. Description 15. Oate by Which Violation Must Be Abated 1$. Pe TR 1910.307(b): Equipment, wiring methods, and installations of shipment in hazardous (classified) locations were not intrinsically 3afe, or approved for the hazardous (classified) location, or safe for the hazardous ( classified) location: 08/22/88 9< Piror to May 9, 1988, on the fourth floor of Building 441 where employees dump materials from bags into bins and where materials are transferred into bins by means of pneumatic ducts from below and where there was the potential for the evolution of an explosive mixture of powdered materials with air, electrical equipment including a General Electric and DEL 5KS 182 BS blow motor and the fluorescent lighting was not suitable for a Class II Division 1 location. NGC 14149 17. Area Director Arnis Andersons IB $ >7( NOTICE TO EMPLOYEES -- The law gives an employee or Ns representative the opportunity to object to any abate ment date set for a violation if he believes the date to be unreasonable. The contest must be mailed to the U.S. '"Apartment of Labor Area Office at the address shown ove within 15 working days (excluding weekends and rederal holidays) of the receipt by the employer of this Cita tion and penalty. EMPLOYER DISCRIMINATION UNLAWFUL -- The law pro hibits 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 has been discriminated 1 against may file a complaint no later than 30 days after the ' discrimination with the U.S. Department of Labor Area Of- : fice at the address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and should be read in conjunction with this notification. flTlTinil ORCIG* "IN' AL i t Mfc Mo *0* I In t tu TO: FROM: U.S. SAFETY ENGINEERS H. WALTEMATE DATE: 8/16/88 REVISION ALGC OSHA CITATION There have been several changes made in the attached memo. I am sorry for any inconvenience if you already read the first memo mailed. HW/kp 2335j Attachment Herlit Waltemate r"^ NGC 14150 TO: FROM: U.S. SAFETY ENGINEERS H. WALTEMATE DATE: 8/16/88 REVISION ALGC OSHA CITATION Attached for your information are copies of the ALGC OSHA citation and a letter of agreement. The citations were a result of the explosion which occurred in compounding on May 9; 1988. The citation is listed as Serious with a $2*700 total penalty. The citation contains three items as follows: 1. 1910.22(a)(1) Housekeeping conditions in building 441 prior to May 9. 2. 1910.178(c)(2)(vi)(a) The lift truck utilized on the fourth floor of building 441 was designated as "E" and a type HEX" is required. 3. 1910.307(b) The electrical service in the fourth floor of building 441 was not suitable for a Class II Division 1 area. Through an informal conference with the OSHA Area Director, a letter of agreement was obtained. In this agreement, abatement can be met by changing the electrical system to a Class I Division 2 service if conditions warrant. Provide a Type "EEM lift truck in the fourth floor of building 441. These citations have an impact on all other BFG locations. A violation of the same standards at another location would be considered a willful violation with a maximum penalty of $10,000. At ALGC and ALTC a violation of the same standards would be considered a repeat violation with a maximum penalty of $10,000. To avoid a willful or repeat citation, all locations need to take the following action: 1. Housekeeping must be kept clean and orderly. 2. Forklifts which are operated in Class II Division 2 areas must be a "DY", **EE" or "EX" type. 3. The electrical service in areas where combustible dusts are handled must be suitable for Class II Division 2 conditions. (For compounding operations with PVC conduit in these areas, a variance needs to be submitted to OSHA. BFG is planning to NGC 14151 2 work with authorities and have PVC conduit accepted by the National Electrical Code for use in Class IT Division 2 Areas.) Please call me if you have any questions. HW/kp 2335 j Attachment cc: U.s. Plant Managers G. F. Krcmar W. c. Niederst G. Jones/G. Rutman R. Mather/R. Kaminski NGC 14152 U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 234 N. SUMMIT STREET, ROOM 734 TOLEDO, OHIO 43604 TELE: (419) 259-7542 Aug 1 1989 B. F. Goodrich - Avon Lake General Chemical Plant P. 0. Box 134 Avon Lake, OH 44012 Dear Mr. Horton: As a result of discussions between representatives of OSHA and you or your representatives concerning the OSHA inspection of your establishment. Inspection Number 101328144, conducted on 5/11/66, the parties have reached a tentative agreement resolving disputed citations, penalties and abatement dates. You have indicated that you are willing to sign the settlement agreement we reached verbally on July 27, -1988. Attached to this letter is a written document reflecting the agreement. The document has been signed and dated by the Area Director and requires the signature of an authorised company official to make the agreement binding upon the company. The agreement must be signed on or before August 10, 1988, which is the last day of the 15 working day contest period, provided Tor by the Occupational Safety and Health Act. If you agree with the terms as set forth, please sign the agreement, without change, date it and return it to the Area Office. Any change will render the document invalid unless such change is accepted by the Area Director before the date of final order. If, after further consideration, you decide not to sign to proposed settlement agreement, the citations, penalties and abatement dates as previously issued will become a final and unappealable order unless you file, before the date of the final order, a written notice of your intent to contest the citations and penalties formally before the Occupational Safety and Health Review Commission. Please note that any notice of intent to contest must be in writing. Any oral statements of dissatisfaction with the citations or penalties which you may have expressed to OSHA personnel do not constitute a formal notice of contest. IT you have any questions regarding any of the matters discussed in this letter, please contact me at your earliest convenience. 2 NGC 141S4 U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION In the Matter of: & aoQ/?,cti - OSHA No. (s): fo/^X^/VY INFORMAL SETTLEMENT AGREEMENT The undersigned Employer and the undersigned Occupational Safety and Health Administration (OSHA), in settlement of the above citation(s) and penalties which were issued on ~t//g/pr, hereby agree as follows: L. The Employer agrees to correct the violationas as cited in the above citation(s) or as amended below. **SEE ATTACHMENT 2. The Employer agrees to pay the proposed penalties, if any, as issued with the above citatl6n(s), or, if amended by this agreement, as amended below. 3. The Employer and OSHA agree that the following citations and penalties (if any) are not being amended by this agreement: tL* 4. OSHA agrees that the following citations and penalties are being amended as shown (see attachment): C.lTj*7hiAJ / 5. In consideration of the foregoing amendment(s) and/or modification(s) to the citation(s), the Employer hereby waives its right to contest said citation(s) pursuant to section 10(c) of the Occupational Safety and Health Act of 1970. 6. None of the foregoing agreements, statements, stipulations, and actions taken by the respondent shall be deemed an admission by respondent of the allegations contained within the citations and notifications of penalty herein. The agreements, statements, stipulations, findings and actions taken herein are made solely for the purpose of settling this matter economically and amicably and they shall not be used for any purpose, except for proceedings and matters arising under the Occupa tional Safety and Health Act. NGC 14155 7. The Employer agrees to Immediately post a copy of this Settlement Agreement in a prominent place at or near the location of the vio lation^) referred to in paragraphs three and four above. The Settlement Agreement must remain posted until the violatlon(s) cited have been corrected* or for three working days (excluding weekends and federal holidays)* whichever^iS'T^ger. For the Employer Occupational Safety & Health Admin. Arnls Andersons. Area Director Date Attachment(s): i i NGC 14156 ATTACHMENT The employer will comply with citation one item two and three by taking appropriate corrective measures such that the areas of concern meet and continue to meet the definition of a Class II Division 2 location. The equipment, wiring methods and installation of equipment in the hazardous location is to be such that it is acceptable by the standards for use in this hazardous location. That includes, in these designated hazardous areas, the use of powered industrial trucks that are approved for use in a Class II Division 2 location. NGC 14157