Document MJj0GXyooDQqawbVnBm1Gm0E9

UNITED STATES OF AMERICA OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION *S2S BEL CREST ROAD. SUITE 100S HYATTSVILLE. MARYLAND 707*2 (30t)4M-**70 IN REFERENCE TO SECRETARY OF LABOR v. 41 PLAINTIFF'S EXHIBIT UC-3383 UNION CARBIDE CORPORATION OSHRC 80-5984 3c DOCKET NO. 80-5985 NOTICE IS HEREBY GIVEN TO THOSE LISTED BELOW: FOR THE SECRETARY OF LABOR FOR EMPLOYEES Marshall H. Harris, Regional Solicitor U. S. Department of Labor 14480 Gateway Building 3535 Market Street Philadelphia, Pennsylvania 19104 Attn: Michael S. Berger, Esq. C. B. Oxley, Business Representative Local Union 650, International Association of Machinists and Aerospace Workers 801 Main Avenue Nitro, West Virginia 25143 FOR EMPLOYER John W. Whittlesey, Chief Labor Counsel Union Carbide Corporation 270 Park Avenue New York, New York 10017 OF___________ Order concerning submission of settlement. TO WIT: On January 27,1981, complainant's attorney, Michael Berger, advised by telephone that the referenced case has been settled. The fully executed settlement document, complying with the Commission requirements as set forth in Commission Rule 100, 29 C.F.R. S 2200.100, shall be filed so as to be RECEIVED in this office on or before February 17, 1981. Pursuant to the service requirements of that rule, the settlement agreement should indicate the date it was posted at the worksite and, if the employer's employees are represented by a union, the date the agreement was served on the local union, regardless of whether the union has asserted party status. 7ro ^uryvf: CO Dated: January 27, 1981 \^00, GEORGE O. TAYLOR, JR. Judge, OSHRC j ' Kqi V.. UCC 016962 OCCUPATION ATSAlt TV ANu'm'i. ~Trr7rMttT7T7r.iist CITAT>'0N and NOTIFICATION OF PENALTY U. S. Depaitment of Labor - OSHA 1726 Charleston National Plaza 700 Virginia Street Charleston, West Virginia 25301 'ISSUANCE OMt 9/19/80 > REGION 03 < oshakus'BER R8407^[007 4 AREA * 7AGE 0480 1 0F 1 INSPECTION DATE: 8/26 - 9/16/80 INSPECTION SITE: Institute Plant TO: Mi'. C. W, Carmen, Safety Director Union Carbide Corporation Institute, WV THE LAW REQUIRES that a copy of \W\s Citation be posted immediately in a promi Engineering Department Technical Center, Building 725 nent place at or near the location of the violation(s) cited below. The Citation must remain posted until the violations cited be South Charleston, West Virginia 25309 low have been corrected, or for 3 working days (excluding weekends and Federal holi days) whichever is longer. This citation describes violations of the Occupational Safety and Health Act of 1970. The peneltyfies) listed below are based on these violations. You must correct the violations referred to in this citation by the dates listed below and pay the penalties proposed, unless within 1S working days (excluding weekends and Federal holidays) from your receipt of this citation and penalty you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown obove. (See the enclosed booklet which outlines your responsibilities and courses of action and should be read in conjunction with this form.) ITEM NUMBER STANDARD, REGULATION OR SECTION OF THE ACT VIOLATED; DESCRIPTION DATE BY WHICH VIOLATION MUST BE CORRECTED The violations described in this citation are alleged to have occurred on or about the day the inspection was made unless otherwise indicated within the description given below. PENALTIES ARE DUE WITHIN 15 DAYS OF RECEIPT OF THIS NOTIFICATION UNLESS CONTESTED (See enclosed Booklet) This Section May Re Detached Before Posting PENALTY 1 29 CFR 1904.2(a): The log and summary of occupational injuries and illnesses (OSHA Form No. 200 or its equivalent) was not complete^ in the detail provided in the form and the instructions contained therein: Immediately $1,000 Diagnosed cases of asbestos related lung disease were not recorded. u AREA DIRECTOR __ Stanley H. Elliott .. Ap ,_AA.T $1,000 NOTICE TO EMPLOYEES -- The law gives anemployee or his representative the opportunity to object to anVebatement 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 receipt by the employer of this citation 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 against may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor Area Office at the address shown above. TOTAL PENALT FOR THIS CITATION t1akecheckorMor>< Order Payable Tc ~POL-OSHA" ndicale OSHA N< on Remittance EMPLOYER RESPONSIBILITIES AND COURSES OF ACTION -- The enclosed booklet outlines employer responsibilities and courses of action and should be read in conjunction with this notification. CITATION AND NOTIFICATION Of PENALTY UCC 016963 OSHA-2 REV 5/76 ---------------------------------------- 0~i>. Ur.i'MTTTiTTT-iTl 'ITT- l/w;u;'------------------- OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION CITATION and NOTIFICATION OF PENALTY U. S. Department of Labor - OSHA 1726 Charleston National Plaza 700 Virginia Street Charleston, West Virginia 25301 > ISSUANCE DATE ' OSHA fJUN4BER 9/19/80 R840741-007 > REGION AREA 1 PAGE _oa____________ 0480 1 0F 1 ps: $0V(0t!A1tJ0 INSPECTION DATE: 8/26 - 9/16/80 I [ WILLFUL INSPECTION SITE: Institute Plant I ! Institute, WV I Mr. C. W. Carmen, Safety Director Union Carbide Corporation THE LAW REQUIRES that e copy of this | Citation be posted immediately in a proml- I Engineering Department Technical Center, building 725 nent place at or near the location of the vio- I lation(s) cited below. The Citation must I remain posted until the violations cited be* { South Charleston, West Virginia 253^9 low have been corrected, or for 3 working { days (excluding weekends and Federal hoti- S days) whichever is longer. j This citation describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed below are based on these violations. | You must correct the violations referred to in this citation by the dates listed below and pay the penalties proposed, unless within 15 working days I (excluding weekends and Federal holidays) from your receipt of this citation and penalty you mail a notice of contest to the U.S. Department of I Labor Area Office et the address shown above. (See the enclosed booklet which outlines your responsibilities and courses of action and should be * read In conjunction with this form.) ' ITEM NUM8ER STANDARD, REGULATION OR SECTION OF THE ACT VIOLATED; DESCRIPTION The violations described in this citation are alleged to have occurred on or about the day the inspection was made unless otherwise indicated within the description given below. , ,, DATE BY WHICH VIOLATION MUST BE CORRECTED 1 29 CFR 1904.2(a): Tiie log and summary of occupational injuries and illnesses (OSHA Form No. 200 or its equivalent) was not complete:^ in the detail provided in the form and the instructions contained therein: Immediately Diagnosed cases of asbestos related lung disease were not recorded. * AREA DIRECTOR Stanley H. Elliott .. .Ap . 7 9 % t SlHK NOTICE TO EMPLOYEES - The law gives an'employee or his EMPLOYER DISCRIMINATION UNLAWFUL - The law pro representative the opportunity to object to ariyibatement date hibits discrimination by an employer against an employee for set for a violation if he believes the date to be unreasonable. filing a complaint or for exercising any rights under this Act. The contest must be mailed to the U.S. Department of Labor An employee who believes that he has been discriminated AreaOffice at the address shown above within 15 working days against may file a complaint no later than 30 days alter the (excluding weekends and Federal holidays) of the receipt by discrimination with the U.S. Department of Labor Area Office the employer of this citation and penalty. at the address shown above. EMPLOYER RESPONSIBILITIES AND COURSES OF ACTION -- The enclosed booklet outlines employer responsibilities and courses of action and should be read in conjunction with this notification. (JCC 016964 CITATION hNL) NOTIFICATION OF PENALTY nsuA.?HrV v?fi  - rlip.4>f+ca't rJi-iw.-v^.* > \t?rj--.... - <ry*prr;T . r>.^..V. -i - . -"i;?ir*&--y. - - 0' -N O TIC E '~ - - :. l^TO EMPLOYEES OF ' ` K>^1 v_ - - - PROCEDURE. NOTICE OF INTENT -TO PARTlCIPATEVv . SHOULD BE SENT TO - ^ - ~- '*,,ti. -" *~ * _ .t,:s:rVi*L'- i-*. YOUR EMPLOYER HAS BEEN CITED 8YTHE SECRETARY OF LABOR FOR VIOLATION OF^THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970.'THE CITATION HAS BEEN CONTESTED 'AND WILL BE ;THE.SUBJECT OF A HEARING .BEFORE THE. OCCUPATIONAL' SAFETY- AND HEALTK RE^^T^MMISSION.^&^-^Alv^:; ", - - AF FECTED EMPLOYEESARE ENTITLED TO PARTICIPATE IN THIS HEARING AS PARTIES UNDER.TERMS AND CON DITIONS ESTABLISHED BY THE OCCUPATIONAL SAFETY . AND HEALTH- REVIEW COMMISSION IN ITS RULES OF ", SA DC 73.3783 iFLV-'-V. . -'V'.' ?'r)n : \ 1825 K STREET, NW' - WASHINGTON,DC 20006 S* ''V.'"' ' `ALL PAPERS RELEVANT TO THIS MATTER MAY" BE INSPECTED AT " Safety Office Construction Department -^%:.511/2U9 ... , : ./ - > - (EMPLOYER MUST FILL IN ABOVE BLANK SPACE PRIOR ' TO POSTING AND SERVING THIS NOTICE! UCC 016%5 T EMPLOYER MUST COMPLETE CERTIFICATE OF SERVICE AND MAIL WITHIINN 48 HOURS OF RECEIPT: name--Union Carhi.de Corporal-ion_____ DOCKET NUMBER On behalf of the employer in the above case, I hereby certify that on 10/24/80______ (date), the employer's Notice of Contest and the notice form supplied by the Commission advising affected employees were posted(sent by mail) (delivered personally) to no tin ion(name of union representing affected employees)* at (place of notice.) If notice was given personally at the workplace, please indicate here the business address of the representative: -------------------------------- .------------------------------------------------------------------------------------------------ I also certify that as notification to affected employees not represented by the aforementioned union, these notices have been posted at each place where the 0$})^ citatfep. ;s required to bq,posJed. SIGNED THIS 24th Octobert t9 80 PAY OF ____John W. Whittlesey. PLEASE PRINT LAST NAME ___ Chipf Labor CounseL. TITLE OR POSITION *If more than one union represents affected employees, any additional unions must also be served notice and a certification of service must be made. Please indicate here the name and address of every additional union: OSHRC FORM S (REV. 3/79) 6PO 939-789 UCC 016966 UNITED STATES OF AMERICA OCCUPATIONAL SAFETY AND HEALTH REVIEW 1325 N STREET, N.W. WASHINGTON, U. C. 20GC6 COMMISSION RREEGGION 3 SECRETARY OF LABOR OSHRC DOCKET NO. 805935 V. U.ION CARBIDE CORPORATION NOTICE OF DOCKETING INSTRUCTIONS TO EMPLOYER Notice is given that the above captioned case was received by the Commission on 10/06/80 and assigned the docket number listed above. All future documents ana communications relating to this case snoula include the docket and region numbers. Enclosed are (1) a copy of the Commission's rules, (2) a copy of your iOTICE OF CONTEST, (3) a form notifying your affected employees of this, and (5) a return post card notifying us that you have notified tnefii. This post card must be completed and mailed within 48 hours of receipt of this letter. Rule 7 of the rules sets forth the necessary procedures for posting and advising affected employees of the case. Failure to comply with these procedures may result in the dismissal of your NOTICE OF CONTEST. In the event that you have already complied and notified the Commission disregard this letter as to those items. Also included with this notice is an explanation of simplified proceedings. If you intend to request simplified proceedings your request must be filed within 10 days after receipt of this notice and served in the manner prescribed far notices of contest in Rule 7. please consult the rules for answers to any questions that you may have about this matter. For the EMPLOYER: JOHN W. WHITTLESEY CHIEF LBR. COUNSEL UNION CARBIDE CORPORATION 270 PARK AVENUE NEW YORK, , \Y 10017 Executive Secretary Phone: (202) 634-7950 For the EMPLOYEES: For the SECRETARY OF LABOR MARSHALL H. HARRIS REGIONAL SOLICITOR 144oC GATEWAY BLOG. 3535 MARKET STREFT PHILADELPHIA , PA 19104 UCC 016967 UCC 016968 EMPLOYER MUST COMPLETE CERTIFICATE OF SERVICE AND MAIL WITHIN 48 HOURS OF RECEIPT: NAME__ I,Ip inn rarhiHp Onrpnratinn_____ fo-^seTDOCKET NUMBER On behalf of the employer in the above case, I hereby certify that on 10/24/80______ (date), the employer's Notice of Contest and the notice form supplied by the Commission advising affected employees were posted(sent by mail) (delivered personally) to no union . (name of union representing affected employees)* at_ . (place of notice.) If notice was given personally at the workplace, please indicate here the business address of the representative: I also certify that as notification to affected employees not represented by the aforementioned union, these notices have been posted at each place where the OSHA citatjon-is required to be^$5s)ed. SIGNED THIS 24th October DAY OF 80 PLEASE PRINT LAST NAME ___ Ohipf T.ahor Counsel TITLE OR POSITION *If more than one union represents affected employees, any additional unions must also be served notice and a certification of service must be made. Please indicate here the name and address of every additional union: OSHRC FORM 5 (REV. 3/79) CPO 930-789 tent UCC 016969