Document 3QwyJ6NBpM3Ye65KjZmGaZxb0

- NOTE- T: ' NOT Cl; OCCUPATIONAL 3ATCTY AND HEALTH OQmn/rpuT mn 5 'u^ itoajtb) REGULATIONS AND FBOCEDUBES copy thereof or any book containing any ab shall be labeled "confidential--trad secret" stract or particulars thereof to be seen or ex and shall not be disclosed except in accordance amined by any person except as provided by with the provisions of section 15 of the Act law; shall be fined not more than $1,000, or imprisoned not more than 1 year, or both; and (d) Upon the request of an employer, any au > shall be removed from office or employment." thorized representative of employees under 1903.8 in an area containing trade secrets shall (c) At the commencement of an inspection, the be an employee in that area or an employee employer may identify areas in the establish authorised by the employer to enter that area. ment which contain or which might reveal a Where there is no such representative or em trade secret If the Compliance Safety and ployee, the Compliance Safety and Health Offi Health Officer has no clear reason to question cer shall consult with a reasonable number of such identification, information obtained in employees who work in that area concerning such areas, including all negatives and prints matters of safety and health. of photographs, and environmental samples, '-i II 1903.10--CONSULTATION WITH EMPLOYEES < Compliance Safety and Health Officers may course of an inspection, any employee shall be consult with employees concerning matters of afforded an opportunity to bring any violation occupational safety and health to the extent of the Act which he has reason to believe exists they deem necessary'for the conduct of an ef In the workplace to the attention of the Com fective and thorough inspection. During the pliance Safety and Health Officer. 1903.11--COMPLAINTS BY EMPLOYEES (a) Any employee or representative of employ (b) If upon receipt of such notification the Area ees who believe that a violation of the Act Director determines that the complaint meets exists in any workplace where such employee the requirements set forth in paragraph (a) is employed may request an inspection of such of this section, and that there are reasonable workplace by giving notice of the alleged viola grounds to believe that the alleged violation I tion to the Area Director or to a Compliance exists, he shall cause an inspection to be made Safety and Health Officer. Any such notice shall as soon as practicable, to determine if such * i& be reduced to writing, shall set forth with rea sonable particularity the grounds for the no alleged violation exists. Inspections under this section shall not be limited to matters referred tice, and shall be signed by the employee or to in the complaint. representative of employees. A copy shall be provided the employer or his agent by the Area (c) Prior to or during any inspection of a work Director or Compliance Safety and Health Of place, any employee or representative of em ficer no later than at the time of inspection, ployees employed in such workplace may notify except that, upon the request of the person the Compliance Safety and Health Officer, in giving such notice, his name and the names of writing, of any violation of the Act which they individual employees referred to therein hnii have reason to believe exists in such workplace. not appear in such copy or on any record pub Any such notice shall comply with the require lished, released, or made available by the De ments of paragraph (a) of this section. partment of Labor. THIS DOCUMENT WAS NOT A RECORD OF PPG INDUSTRIES, INC. DID NOT COME FROM IT'S FILES. AND CANNOT BE AUTHENTICATED BY PPG INDUSTRIES, INC. | SB 0019427^ lfesjl(e) 1S2P NO' ISOXll(d) I, REGULATIONS and procedures `m?*1T QIQ OCCUPATIONAL SAFETY AND HEALTH (d) Section 11(c) (1) of the Act provides: "No person shall discharge or in any manner dis criminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceeding or be cause of the exercise by such employee on be half of himself or others of any right afforded by this Act." 1903.12--INSPECTION NOT WARRANTED; INFORMAL REVIEW (a) If the Area Director determines that an in which the complaining, party and the employer spection is not warranted because there are no may orally present their views. After consid reasonable grounds to believe that a violation ering all written and oral views presented, the -i or danger exists with respect to a complaint Regional Administrator shall afflrm, modify, or under $ 1903.11, he shall notify the complain reverse the determination of the Area Director ing party in writing of such determination. and furnish the complaining party and the em The complaining party may obtain review of ployer and written notification of his decision such determination by submitting a written and the reasons therefor. The decision of the statement of position with the Regional Ad Regional Administrator shall be final and not ministrator and, at the same time, providing subject to further review. the employer with a copy of such statement by certified mail. The employer may submit an opposing written statement of position with the Regional Administrator and, at the same time, provide the complaining party with a copy of (b) If the Area Director determines that an inspection is not warranted because the re quirements of 1903.11(a) have not been met, he shall notify the complaining party in writ such statement by certified mail. Upon the ing of such determination. Such determination request of the complaining party or the em shall be without prejudice to the filing of a ployer, the Regional Administrator, at his dis new complaint meeting the requirements of > cretion. may hold an informal conference in 9 1903.11(a). 1903.13--IMMINENT DANGER j Whenever and as soon as a Compliance strain such conditions or practices and for Safety and Health Officer concludes on the bap other appropriate relief in accordance with the sis of an inspection that conditions or practices provisions of section 13(a) of the Act Appro exist in any place of employment which could priate citations and notices of proposed penal reasonably be expected to cause death or se ties may be issued with respect to an imminent rious physical harm immediately or before the danger even though, after being informed of imminence of such danger can be eliminated such danger by the Compliance Safety and through the enforcement procedures otherwise Health Officer, the employer immediately elimi provided by the Act he shall inform the affected nates the imminence of the danger and initiates "7. employees and employers of the danger and steps to abate such danger. that he is recommending a civil action to re | BB 0019428 | 42 15)2- OCCUPATIONAL SAJTTT AND HEALTH NG":' NOTCOi. : . .;vilS . 1903.14 REGULATIONS AND PROCEDURES 1903.14--CITATIONS; NOTICES OF DE MINIMIS VIOLATIONS (a) The Area Director shall review the inspec (c) If a citation or notice of de minimis viola tion report of the Compliance Safety and tions is issued for a violation alleged in a re Health Officer. If. on the basis ofthe report the quest for inspection under 1903.11 (a) or a Area Director believes that the employer has notification of violation under 1903.11(c), a violated a requirement of section 5 of the Act, copy of the citation or notice of de minimis vio of any standard, rule or order promulgated lations shall also be sent to the employee or pursuant to section 6 of the Act. or of any sub representative of employees who made such re * stantive rule published in this chapter, he shall, quest or notification. l I i * 4 j1 if appropriate, consult with the Regional So licitor. and he shall issue to the employer either a citation or a notice of de minimis violations which have no direct or immediate relationship to safety or health. An appropriate citation or notice of de minimis violations shall be issued even though after being informed of an alleged violation by the Compliance Safety and Health Officer, the employer immediately abates, or initiates steps to abate, such alleged violation. Any citation or notice of de minimis violations shall be issued with reasonable promptness after termination of the inspection. No citation may be issued under this section after the ex piration of 6 months following the occurrence of any alleged violation. (d) After an inspection, if the Area Director determines that a citation is not warranted with respect to a danger or violation alleged to exist in a request for inspection under S 1903.11(a) or a notification of violation under S 1903.11(c), the informal review procedures prescribed in 1903.12(a) shall be applicable. After considering all views presented, the Re gional Administrator shall affirm the determi- . nation of the Area Director, order a reinspec tion, or issue a citation if he believes that the inspection disclosed a violation. The Regional Administrator shall furnish the complaining party and the employer with written notifica tion of his determination and the reasons there for. The determination of the Regional Admin (b) Any citation shall describe with particu istrator shall be final and not subject to review. larity tile nature of the alleged violation, includ () Every citation shall state that the issuance "A ing a reference to the provision (s) of the Act, of a citation does not constitute a finding that { standard, rule, regulation, or order alleged to a violation of the Act has occurred unless there have been violated. Any citation shall also fix is a failure to contest as provided for in the a reasonable time or times for the abatement Act or, if contested, unless the citation is af t of the alleged violation. firmed by the Review Commission. ! i 1903.14a--PETITIONS FOR MODIFICATION i OF ABATEMENT DATE (a) An employer may file a petition for modifica tion of abatement date when he has made a good faith effort to comply with the abatement require ments of a citation, but such abatement has not -A been completed because of factors beyond his reasonable control. (b) A petition for modification of abatement date shall be in writing and shall include the following v information: THIS DOCUM6ilTlk.WlkSl.MQKhAlReeORO OF PftS INDUSTRIES, INC. DID NOT COME FROM IT'S FILES AND CANNOT BE AUTHENTICATED BY PPG INDUSTRIES, INC. 43 (1) All steps taken by the employer, and the dates of such action, in an effort to achieve compliance during the prescribed abatement period. (2) The specific additional abatement time necessary in order to achieve compliance. (3) The reasons such additional time is neces sary, including the unavailability of profes sional or technical personnel or of materials 7~BB 0019429 J INHLMetbXJ) lM3J4*bX3) REGULATIONS AND PROCEDURES NOTE: ~ ' ' " TniO NOT CC :V; OCCUPATIONAL SAPEXT ANI^HEALTH and equipment, or because necessary construe* don or alteration of facilities cannot be com* pleted by the original abatement date. (4) All available interim steps being taken to safeguard the 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 authorized representative of affected em ployees, in accordance with subsection (c) (1) of this section and a certification of the date upon which such posting and service was made. (c) A', tition for modification of abatement date shall be filed with the Area Director of the United States Department of Labor who issued the citation no later than the close of the next working day following the date on which abate ment was originally required. A later-filed peti tion shall be accompanied by the employer's statement of exceptional circumstances explain ing the delay. (1) 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 for a period of ten (10) working days. Where affected employees are repre sented by an authorized representative, said representative shall be served with a copy of such petition. 140 F.R. 11.151. March 11. 19731 (2) Affected employees or their representa tives may file an objection in writing to such petition with the aforesaid Area Director. Failure to file such objection within ten (10) working days of the date of posting of such petition or of service upon an authorized representative shall constitute a waiver of any further right to object to said petition* (3) The Secretary or his duly authorized agent shall have the authority to approve any peti tion for modification of abatement date filed pursuant to paragraphs (b) and (c) of this section. Such uncontested petitions shall be come final orders pursuant to sections 10 (a) and (c) of the Act. (4) The Secretary or his authorized representa tive shall not exercise his approval power until the expiration of fifteen (15) working days from the date the petition was posted or served pursuant to paragraphs (c) (1) and (2) of this section by the employer. (d) Where any petition is objected to by the Sec retary or affected employees, the petition, cita tion, and any objections shall be forwarded to the Commission within three (3) working days after the expiration of the fifteen (15) day period set out in paragraph (c) (4) of this section. 140 F.R. 6334. February II, 197S.J 140 F.R. 11331, March 11, 1975.1 1903.15--PROPOSED PENALTIES (a) After, or concurrent with, the issuance of a citation, and within a reasonable time after the termination of the inspection, the Area Direc tor shall notify the employer by certified rwail or by personal service by the Compliance Safety and Health Officer of the proposed penalty un der section 17 of the Act, or that no penalty is being proposed. Any notice of proposed penalty shall state that the proposed penalty haii be deemed to be the final order of the Review Commission and not subject to review by any court or agency unless, within 15 working days from the date of receipt of such notice, the employer notifies the Area Director in writing BV PPa1CSaAUTHEWI1 that he intends to contest the citation or the notification of proposed penalty before the Re view Commission. (b) The Area Director shall determine the amount of any proposed penalty, giving due consideration to the appropriateness of the pen alty with respect to the size of the business of the employer being charged, the gravity of th violation, the good faith of the employer, and the history of previous violations, in accord ance with the provisions of section 17 of the Act 0D19430 1223 OCCUPATIONAL SAFETY AND HEALTH (} Appropriate penalties map be proposed with respect to an alleged violation even though after being informed of such alleged violation bp the Compliance Safety and Health Officer, the employer immediately abates, or initiates " 'l : i -' D1 - rr: r!ju< i" \ lteuMc) - - PECULATIONS AND PSOCXDUSES steps to abate, such alleged violation. Penalties shall not be proposed for de minimis violati ns which have no direct or immediate relationship to safety or health. 1903.16--POSTING OF CITATIONS (a) Upon receipt of any citation under the Act, the employer shall immediately post such cita tion, or a copy thereof, unedited, at or near each place an alleged violation referred to in the citation occurred, except as provided below. Where, because of the nature of the employer's operations, it is not practicable to post the citation at or near each place of alleged viola tion, such citation shall be posted, unedited, in a prominent place where it will be readily ob servable by all affected employees. For ex ample, where employers are engaged in activ ities which are physically dispersed (see S 190&2 (b)), the citation may be posted at the location to which employees report each day. Where employees do not primarily work at or report to a single location (see S 1903.2 (b)), the citation may be posted at the location from which the employees operate to cany out their activities. The employer shall take steps to ensure that the citation is not altered, defaced, or covered by other material. Notices of de minimis violations need not be posted. (b) Each citation, or a copy thereof, shall re main posted until the violation has been abated, or for 3 working days, whichever is later. The filing by the employer of a notice of intention to contest under 1903.17 shall not affect his posting responsibility under this section unless and until the Review Commission issues a final order vacating the citation. (c) An employer to whom a citation has been* issued may post a notice in the same location where such citation is posted indicating that the citation is being contested before the Re view Commission, and such notice may explain the reasons for such contest The employer may also indicate that specified steps have been taken to abate the violation. (d) Any employer failing to comply with the provisions of paragraphs (a) and (b) of this section shall be subject to citation and penalty in accordance with the provisions of section 17 of the Act 1903.17--EMPLOYER AND EMPLOYEE CONTESTS BEFORE THE REVIEW COMMISSION (a) Any employer to whom a citation or notice of proposed penalty has been issued may, under section 10(a) of the Act notify the Area Director in writing that he intends to contest such citation or proposed penalty before the Review Commission. Such notice of intention to contest shall be postmarked within 15 work ing days of the receipt by the employer of the notice of proposed penalty. Every notice of intention to contest shall specify whether it is directed to th citation or to the proposed pen- alty, or both. The Area Director shall immedi ately transmit such notice to the Review Com mission in accordance with the rules of pro cedure prescribed by the Commission. (b) Any employee or representative of em ployees of an employer to whom a citation has been issued may, under section 10(c) of the Act, file a written notice with the Area Director alleging that the period of time fixed in the citation for the abatement of the violation is THIS DOCUMENT WAS NOT A RECORD OF PPG INDUSTRIES, INC. DID NOT COME FROM IT'S FILES AND CANNOT BE AUTHENTICATED BY PPG INDUSTRIES, INC. 45 J BB 0019431 | iseu7<b) * $2* 1903J7(b) BECULATIONS and pboceduezs NOTE:Ti i'.T rr r i L i-- o OCCUPATIONAL SAFETY AND HEALTH unreasonable. Such notice shall be postmarked within 15 working days of the receipt by the employer of the notice of proposed penalty or notice that no penalty is being proposed. The Area Director shall immediately transmit such notice to the Review Commission in accordance with the rules of procedure prescribed by the Commission. 1903.18--FAILURE TO CORRECT A VIOLATION FOR WHICH A CITATION HAS BEEN ISSUED (o) If an inspection discloses that an employer has failed to correct an alleged violation for which a citation has been issued within the period permitted for its correction, the Area Director shall, if appropriate, consult with the Regional Solicitor, and he shall notify the em ployer by certified mail or by personal service by the Compliance Safety and Health Officer of such failure and of the additional penalty proposed under section 17(d) of the Act by reason of such failure. The period for the cor rection of a violation for which a citation has been issued shall not begin to run until the entry of a final order of the Review Commis sion in the ease of any review proceedings initiated by the employer in good faith and not solely for delay or avoidance of penalties. (b) Any employer receiving a notification of failure to correct a violation and of proposed additional penalty may, under section 10(b) of the Act, notify the Area Director in writing that he intends to contest such notification or proposed additional penalty before the Review Commission. Such notice of intention to con test shall be postmarked within 15 working days of the receipt by the employer of the notification of failure to correct a violati n and of proposed additional penalty. The Area Di rector shall immediately transmit such notice to the Review Commission in accordance with the rules of procedure prescribed by the Commission. (c) Each notification of failure to correct a vio lation and of proposed additional penalty state that it shall be deemed to be the final order of the Review Commission and not sub ject to review by any court or agency unteM, within 15 working days from the date of re ceipt of such notification, the employer notifies the Area Director in writing that he intends to contest the notification or the proposed addi tional penalty before the Review Commission. 1903.19--INFORMAL CONFERENCES At the request of an affected employer, empj yee, or representative of employees, the Re gional Administrator may hold an informal conference for the purpose of discussing any issues raised by an inspection, citation, notice of proposed penalty, or notice of intention to contest. The settlement of any issue at such conference shall be subject to the rules of pro cedure prescribed by the Review Commission. If the conference is requested by the employer, an affected employee or his representative shall be afforded an opportunity to participate, at the discretion of the Regional Administrator. If the conference is requested by an employee or representative of employees, the employer shall be afforded an opportunity to participate, at the discretion of the Regional Administrator. Any party may be represented by counsel at such conference. No such conference or request for such conference shall operate as a stay of any 15-working-day period for filing a notice of intention to contest as prescribed in 1903.17. -^70019432 I TUifafltyiJMENT WAS NOT A RECORD OF PPG INDUSTRIES, INC. DID NOT COME FROM IT'S FILES AND CANrtOt BE AUTHENTICATED BY PPG INDUSTRIES, INC. -------------- 1S25 OCCUPATIONAL SAFETY AND HEALTH >jTf: 4*: * :i i Ii ' DID! * 1 t " ' 1 'f ; .Ltd REGULATIONS AND PROCEDURES 1903.20--STATE ADMINISTRATION Nothing1 in this Part 1903 shall preempt the authority of any State to conduct inspections, to initiate enforcement proceedings or other wise to implement the applicable provisions of State law with respect to State occupati nal safety and health standards in accordance with agreements and plans under section 18 of the Act and Parts 1901 and 1902 of this chapter. 1903.21--DEFINITIONS -i (a) "Act" means the Wifliams-Steiger Occupa tional Safety and Health Act of 1970. (84 Stat 1590 et seq., 29 U.S.C. 651 et seq.) considered to exercise concurrent authority with the Area Director. (b) The definitions and interpretations con tained in section 3 of the Act shall be appli cable to such terms when used in this Part 1903. (f) "Assistant Regional Director" means the employee or officer regularly or temporarily in charge of a Region of the Occupational Safety and Health Administration, U.S. De partment of Labor, or any other person or (el "Working days" means Mondays through Fridays but shall not include Saturdays, Sun days, or Federal holidays. In computing 15 working days, the day of receipt of any notice shall not be included, and the last day of the 15 working days shall be included. persons who are specifically designated to act for such employee or officer in his absence. The term also includes any employee r offi cer in the Occupational Safety and Health Administration exercising supervisory re sponsibilities over the Assistant Regional Di rector. Such supervisory employee or officer (d) "Compliance Safety and Health Officer" is considered to exercise concurrent auth r- means a person authorized by the Occupational ity with the Assistant Regional Director. N Safety and Health Administration, U.S. De delegation of authority under this paragraph partment of Labor, to conduct inspections. shall adversely affect the procedures f r inde 14 () "Area Director" means the employee or officer regularly or temporarily in charge of an Area Office of the Occupational Safety pendent informal review of investigative de terminations prescribed under $ 1903.-12 of this part. and Health Administration, U.S. Department f Labor, or any other person or persons who are authorized to act for such employee or officer. The latter authorizations may in clude general delegations of the authority of an Area Director under this part to a Compli ance Safety and Health Officer or delegations (a) "Inspection" means any inspection of an employer's factory, plant, establishment, con struction site, or.other area, workplace or en vironment where work is performed by an employee of an employer, and includes any in spection conducted pursuant to a complaint 1 t such an officer for more limited purposes, filed under 9 1903.11 (a) and (c), any rein such as the exercise of the Area Director's spection, followup inspection, accident investi duties under 9 1903.14(a). The term also in gation or other inspection conducted under cludes any employee or officer exercising section 8(a) of the Act. supervisory responsibilities over an Area Di rector. A supervisory employee or officer is [38 F.R. 22823, Au*u 23. 1973.] -i this Document was not a record of ; .* PPG INDUSTRIES, INC. DID NOT COME FROM IT'S FILES AND CANNOT BE AUTHENTICA1 ED BY PPG INDUSTRIES. INC. pBB 00l9433_| U03Jl(f) 1C2S