Document N2ygX41EQE14qeJMGZgxY2ew

CITATION and NOTIFICATION OF PENALTY ISSUANCE DATE 1 OSHANU riBER 05/05/78 R5407]p027 . Tyler Area Office 208 Federal Building Tyler, TX 75702 REGION 06 4 AREA 4 PAGE 7070 1 OF 1 ) PENALTIES ARE DUE WITHIN 15 0AYS0F :: TYPE OF VIOLATIONS SERIOUS CITATION NO-. 1 to: lTyyxleer rPipipee iInnddustries, iInncc.. INSPECTION DATE: 11/15/77 INSPECTION SITE: Hwy 69 N Tyler, TX THe law requires that a copy oi thi. RECEIPT OF THIS NOTIFICATION UNLESS CONTESTED (See enclosed Booklet) P. 0. Box 2027 Tyler, TX 75710 Citation be posted immediatelyin a promi nent place at or near the location of the vio lation^ cited below. The Citation must This Section May Be Detached Attn: J. Warner, President remain posted until the violations cited bolow have been corrected, or for 3 working days (excluding weekends and Federal holi Before Posting days) whichever is longer. citation describes violations of the Occupational Safety and Health Act of 1970. The penattyhes) listed below are based on these violations. must correct the violations referred to in this citation by the dates listed below and pay the penalties proposed, unless within 15 working days luding weekends and Federal holidays) from your receipt of this citation and penalty you mail a notice of contest to the U.S. Department of or Area Office at the address shown above. (See the enclosed booklet which outlines your responsibilities and courses of action and should be I in conjunction with this form.) M NUMBER \NDARD. 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 CFK 1910.132(a): Protective equipment va3 not used where it was necessary by reason of hazards encountered in a manner capable of lusing injury or impairment in the function of any part of the oody: Immediately $1,000 .c Muller operator. North Plant, exposed to a chemical family of tertiary amine (hexamethylenetetramine) and phenolic flake resin via a. Whole body skin contact through his clothing. b. Eye contact through safety glass by-pass. c. Hand contact through poor glove maintenance and/ or work without gloves. " PLAINTIFFS EXHIBIT TPI-18 22kMEA DIRECTOR ROBERT SIMMONS $1,000.00 TICE TO EMPLOYEES -- The law gives an employee or his cseutativc (he opportunity to object to any abatement date for a violation if he believes the date to be unreasonable. contest must be mailed to the U.S. Department of Labor a Office at the address shown above within 15 working days Hudmg weekends and Federal holidays) of the receipt by employer of th>s citation and penalty EMPLOYER DISCRIMINATION UNLAWFUL - The law pro TOTAL PENALT hibits discrimination by an employer against an employee for ( ! FOR THIS CiTAjrioj filing a complaint or for exercising any rights under this Act. ^lakechecko Mon An employee who believes that he has been discriminated Order Payable Ti 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. "POL OSHA" Indicate OSH A N on Remittance I'LOYER RESPONSIBILITIES AND COURSES OF ACTION -- THe enclosed booklet outlines employer responsibilities and iof action and should be tead in conjunction with this notification. CITATION AND NOTIFICATION OF PENALTY . (214) 595-2438 U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY < HEALTH ADMINISTRATION ROOM 208, FEDERAL BUILDING 211 W. FERGUSON STREET Tyler, Texas 75701 Hay 24, 1978 Hr. J. Warner, President Tyler Pipe Industries, Inc. P. O. Box 2027 Tyler, TX 75710 Dear Hr. Warner: The enclosed Amended Citation and Notification of Proposed Penalty is being issued in order to change Serious Citation to Other. Please note the new proposed penalty. You are reguired to post the Amended Citation and Notification of Pro posed Penalty in the same manner as the original citation, and you will have a period of 15 working days from the receipt of the enclosed Amended Citation and Notification of Proposed Penalty to contest the violation, the proposed penalty or both. If you have any questions, please feel free to contact this office. Sincerely, Area Director Enclosure CITATION and NOTIFICATION OF PENALTY Tyler Area Office 208 Federal Building Tyler, TX 75702 ' ISSUANCE UAt E i USHA NUMBtH 05/24/78 ` REGION R5407]f027 * AREA 1 PAGE 06 7070 i F i TYPE OF VIOLATIONS) SERIOUS CITATION NO. i INSPECTION DATE: 11/15/77 INSPECTTICION SITE: Citation issued on 5-8-78 is amended: Hwy 69 N Tyler, TX TO: Tuyler Pinpe Industriies., Inc. P. O. Box 2027 Tyler, TX 75710 Attn: J. Warner, President THE LAW REQUIRES that copy of this Citation be posted immediately in a promi nent place at or near the location of the violation(s) cited below. The Citation must remain posted until the violations cited be low have been corrected, or for 3 working days (excluding weekends and Federal holi days) whichever is longer. citation describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) fisted below are based on these violations, must correct the violations referred to In this citation by the dates listed below and pay the ponalties proposed, unless within IS working days uding weekends and Federal holidays) from your receipt of this citation and penalty you mail a notice of contest to the U.S. Department of Area Office at the address shown above. (See the enclosed booklet which outlines your responsibilities and courses of action and should be n conjunction with this form.) PENALTIES ARE OUE WITHIN IS DAYS OF RECEIPT OF THIS NOTIFICATION UNLESS CONTESTED (See enclosed Booklet) This Section May Be Oetached Before Posting A NUMBER NDARO. REGULATION OR SECTION OF THE ACT VIOLATED; DESCRIPTION DATE BY WHICH VIOLATION MUST BE CORRECTED PENALTY Serious citation issued on 5-8-78 is amended to Other. L REA DIRECTOR ROBERT B. SIMMONS TICE TO EMPLOYEES -- The law gives an employee or his resentative the opportunity to object to any abatement date for a violation if he believes the date to be unreasonable. ' contest must be mailed to the U.S. Department of Labor a Office at the address shown above within 15 working days eluding weekends and Federal holidays) of the receipt by employer of this citation and penalty. NEW TOTAL w 0 EMPLOYER DISCRIMINATION UNLAWFUL - The law pro :total penait' hibits discrimination by an employer against an employee for FOR THIS CITATION filing a complaint or for exercising any rights under this Act. MakecheckorMone An employee who believes that he has been discriminated ; Order Payable To 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. "POL OSHA" Indicate OSHA No on Remittance PLOYER RESPONSIBILITIES AND COURSES OF ACTIC V -- The enclosed booklet outlines employer responsibilities and 'ses of action and should be read in conjunction with this n< ification. CITATION AND NOTIFICATION OF PENALTY OSHA 2 REV. 5/76 CITATION and NOT1 FICATfffi OF PENALTY Tyler Area Qffica 203 Federal Building Tyler, IX 75702 ' tiSUANC0&C 1 QSMA MJMIER 0S/aS38 R5407 >-027 1 flEGI0{ AREA * fAC E 06 7070 2 of 3 bi^ioi^yiONisiiil'xnMnoiriib.' INSPECTION DATE: REPEAT 11/15/77 INSPECTION SI Hwy 69 I! Tyler, TX Tyler Pipe Industircs, Inc. P. 0. Box 2027 THE LAW REQUIRES tht a copy of ihii Citation be posted immediately n a promi Tyler, TX 75710 nent place at or near the location of the violationisl cited below. The Citation must Artn: J. Earner, President remain posted until the violations cited be low have been corrected, or for 3 working days (excluding weekends and Federal holi day** whichever is longer. ti citation describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed below are based on these violations, 'u must correct the violations referred to in this citation by the dates listed below and pay the penalties proposed, unless within 1S working days <dudmg weekends and Federal holidays! from your receipt of this citation and penaiTy you mail a notice of contest to the U.S. Department of oor Area Offica at the address shown above. (See the enclosed booklet which outlines your responsibilities and courses of action and should be >d m coniuncnon with this form.) EM NUMBER ANOARD. REGULATION OR SECTION OF THE ACT VIOLATED: ii necessary: DESCRIPTION OATE BYWHICH VIOLATION MUST BE CORRECTED PENALTIES ARE DUE WITHIN IS OAYSOF RECEIPT OF THIS NOTIFICAT UNLESS CONTESTEC (See endoiec Booklet! This Section Be Oetached Before Postir PENALT I 29 CHI 1910.134(b)(6): Respirators were not stored in a conve nient, clean and sanitary location: 29 CFK X910.134(b)(7): Respirators used routinely were not inspec ted during cleaning and vorn or deteriorated parts replaced: CFR 1910.134(b)(9); There were no regular inspections and evaluations to determine the continued effectiveness of the respirator program. 29 CFR 1910.134(b)(10): . Persons were assigned to tasks-requiring use of respirators and it had not been determined that they vere physically able to perform the -work and use the equipment, and the respirator user's medical shams was not reviewed periodically (for instance annually) i Muller operator in the north plant who is overexposed to Quarts (silica). 1C. 29 era 1910.1000(e): Feasible afliairristrative or engineering controls were- not determined and -implemented to reduce.employee exposures): Quarts (silica) for operators of the following nachinas or lines of machines in the Uorth Plant: a. Hub core b. Core machine c. Muller STEP 1 - Effective respiratory protection, shall be provided and used by employees) as an interim protective measure. Immediately STEP 2 A written detailed plan of abatement leading to the complete abatement of this iten shall be submitted to the Area Director. Such a plan shall: a) employ the use of qualified engineer ing personnel; b) include detailed engineering 06/30/78 AREA DIRECTOR r.OBEHT B. S22ISIS , NOTICE TO EMPLOYEES -- The law gives a . employee or his representative me opportunity to object to any abatement date set for a violation if he believes the date to be unreasonable. 7- contest must De mailed to the U.S. Oeoartment of Labor -a o<fice at me address shown above within 15 working days duCing v.eekenGs ana Federal holidays) of the receipt by - empiover o' th,s cuauon and penalty. EMPLOYER DISCRIMINATION UNLAWFUL - The law pro TOTAL PE hibits discrimination by an employer against an employee for FOR T CITATi filing a comotaint or for exercising any rights under this Act. M*kcchec*< An employee who believes that he has been discriminated Order agamst may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor A7ea Office `pololndtci Ob on R*m< at the aedress shown above. EMPLOYER RESPONSIBILITIES AND COURSES OF'ACTIQN - The enclosed booklet outlines employer responsibility* .-Curies of acton gnn s. -__________ - ,, . - , _ - . f. ,, CITATION and NOTIFICA OF PENALTY Tyler Area Qffi 203 Federal Building Tyler, TX 7S702 os/o-Ss* RICIOA 06 l 0SMA MUMUR r.5407p-027 * ARU rAC 7070 3 3 k ItjryygiDFjnoCftTiowisigyfciTfcTibinipFi INSPECTION OATE: FJ2>EAT 11/15/77 INSPECTION SITE: Huy <W N Tyler, TX Tyler Pipe Industries, Inc. P. 0. Bor 2027 Tyler, TX 75710 Attn: J. Varner, President THE LAW REQUIRES ihai a copy of ihu Citation be posted immediately u> a promt* nent place at or near the location of the vio* lation(t) cited below. The Citation mutt remain potted unnl the vioiationi cited be* low have been corrected, or fr. 3 working days (excluding weekends and Fed*-al holt* devil whichever it longer. in citation descripet violations of the Occupational Safety and Health Act of 1970. The penaltylies) listed below are bated on these violations, ou must correct the violations referred to in this citation by the dates tuted below and pay the penalties proposed, unless within 15 working days eluding weekends and Federal holidays) from your receipt of this citation and penalty you mail a notice of contest to the U.S. Department of ibor Area Office at the address shown above. (See the enclosed booklet which outlines your responsibilities and courses of action and should be ad in coniuncuon with this form.) PENALTIES ARE DUE WITHIN IS OAYS OF RECEIPT OF THIS NGTIFICAT1 UNLESS CONTESTED (See enclosed Booklet) Thu Section r. 8* Oeucheo Before Potlrm 'EM NUMBER T AAiO ARQ, REGULATION OR SECTION OF THE ACT VIOLATED: DESCRIPTION * DATE BY WHICH violation must BE CORRECTED PENALTY studies and their results; c) outline the ordering of equipment and materials and con- pletion of the design phase; and d) outline dates for the anticipated implementation, of the pi aq, 1 STEP 3 - Feasible engineering controls and/or admini strative controls shall be determined. 0S/30/7S STEP 4 Abatement shall be coapleted by implementation of feasible engineering and/or administrative controls and ita: effectiveness at achiering compliance verified. 90--day progress letters are requested dii/ri rrg tie abateaerrt period. -Ij O 05/01/79 i AREA DIRECTOR 3nonrtt . sdqiqns OTICE TO EMPLOYEES -- The law gives an employee or his presemative the opportunity to object to any abatement date t (or a violation if he believes the date to be unreasonable, -cmest must be mailed to the U.S. Department of Labor -`f ee ai me aedress mown above within 15 working cays " ~'n!3 '`^eek.encs and Federal holidays) of the receipt by clover of this citation and penalty. '.T'LCYER R ES?Q\*Sl 5! L! Ti cc r.;p C^t_'Cfcrc ^ t 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 mav file a complaint no later than 30 days af.ter me discnm nation witn the U.S. Department of Labor Area Olhct at ("e accrets shown above. $2.003. TOTAL PENA FOR THIS CITATION Mjkcnckor V0*a* Pv*b* "OOL OS3_InSiCtl* UJr A on Rfmiiu* R5407-027 t U.S. DEPARTMENT OF LABOR WORKSHEET c CSHO No. 2. Report No. /* 5"t0 "T 'iO. / (S^ 5-1 6. Instance Q_ i. SAVE 10 Code /-* 7.^ 3. Date/Time /y/72 ft// J.AM 7. Standard Allegedly Violated ^ 4a. Type 4b. Number ./ | 8. Abatement Period /0C>0 C. 1 see (,>> (0 Uj Tip* Ref. No. j-SO / b. AVD/Variable Information: Page 1 /o< /' r 9. No. ol Inst. \0. RE /a CL J~}uAri-Z- Csf'h'Cfi') /ocsfi-fcd zV r, P//o<- /tr-e/i-s of tLz Klorfl Plat\~t <Q Hu. & Cert. /Artcbt'ne operA -fv rs ^ {,) core /H*c,'nr r,aeyMr<, -Cfldj ALCd-f- ~tx> coAce'/ A-rc*) ^ O fi1u//er~ ___gya era far Con INSTANCE DESCRIPTION (a. Haxards-Oper./Cond.-Acc.; b. Equip.; c. Location; and d. Jnjury/llt.J: rU U(, Cnre. /ftrrbine. , nnJ fflu//e r~ Oj>P /~/Q 'fos-S. /a ~f/-e hlpr'f'L" P(*nt~ a r e. <> v e/- e g/ < Sr/fC^A C Qu/t-rkz) , 7~Xe.-fg f e/-s o a j /?re. C , ecf 3e________ sAnJ y ft <tusir7z')_____ / t /g__________ /o A Jfny ts * &>* c/> /n c/ /o > cfmix /'/a op r e rK *t C.&. t'/i a -5 /? A_s/? W- & I/JL r Tke /s- s r < n a si/=> ff/-e Lj r r f S'-^L. ~te> + A e UAt-On r~Y_ - j-t s f/fses ./A C. A-c / ill ga.c J-da ~f- npgx IKfl Cn/li n g A. s ycr/gcyrt /* Aa C-a o /p O UJ .> dur~f~S t+Jere rA%fa//ftJ oo e r A.A 0* .s 7~A Mit uj e r s OJA r A dcsci-i'lM a <; Let H e*1^c. :* t> e r A'A K |^ <2-Q.O. l.'fLst e aa AS.. of Z<f/f/go( .* (Lan-fro /___ o/e k- /'c^ o/ CS AP f/ Z/a I ___ A* //- /N/l j_______ Zli. _______ lore^ib/A^ FVg.1 f'Pec-ffvt . /A g t-Aerr_r -2>n ag. As-kerJ OLi > /`a ?4 Jp/teApJ S^reA^' -2.Q *e, Tk*. TLp. a Cor Measurements : fee J>f //fe...//e6. 13. PHOTO a. Occupation (& Employer) b. No. c. Total Duration d. Frequency e. Exposed Employee -- Name. Address & Phone uc3OcX_r 10 UUJJ > 6 0-i c2UJ. e __ _ -- -- -- -- rVC ia mo/\f(Lu over 3 Yerfrs < ZO t*r/xly + <Lr /Jtuk r ft \1 > 1 1 1 1 1 1 1. >* LOVER KNOWLEDGE: 5. COMMENTS I Employer. Employee, Closing Conf.l: c0