Document OyX7LNexKDa20D9eaQ057r1e

r~................. U.5. DEPARTMENT OF LABOR Occupational Sofety end Haolth Administration CShO HO. 3Sh*.ih; t rr. U. S. Department of Labor "l C-C637 AREA 56 REGION 7 ~~ Occupational Safety & Health Administration Riverside Plaza 3390 4 2720 Riverside Drive s' |2 Unirtyal, Incorporated Highway 29 l_M2Con, Georgia 31204 PLAINTIFF'S _J EXHIBIT UR--405 HoganavilU, Georgia 30230 3. Dace April 3, 1074 THERE IS NO REQUIREMENT THAT THIS NOTIFICATION BE POSTED. NOTIFICATION OF PROPOSED PENALTY This notification and the penalty(ies) proposed by the Secretary of Labor shall be deemed to be (he filial order of the Occupational Safety and Health Review Commission (an independent agency wtth authority to issue decisions respecting cttations and proposed penalties* ani not subject to review by any court or agency unless, within 15 working days from the dace of receipt of this nocification, you submit a letter of cootest. The letter of contest should be mailed or otherwise delivered co the Area Director named below at che address shown at the ttp of this notification. If no notice of contest is filed within the 15 working day period the proposed peoaity(ies) becomes final and is immediately payable. Payment of all penalties shown is to be made by check or money order payable to the order of "Occupational Safety and Health-Labor". Payment of penalties should be remitted to the Area Director at the address shown above. Section 17(1) of the Act states: "Civil penalties owed under this Act shall be paid into the Treasury of the United States and shall accrue to che United States and may be recovered in a civil action in the name of the United Stares brought in the United States district court for the district where the violation is alleged to have occurred or where the employer has its principal office." J. Oo the 3rd day of __April ... , 19 JZA a cicacion(s) was issued to you in accordance with the provisions of Section (ai of the Occupational Safety and Health Act of 1970 (84 Stat. 1601; 29 U.S.C. 651, et seq.) hereinafter referred to as the Aqc. You were thus notified of certain alleged violations of the Act, as specified in chat eication(s). 'aM> YOU ARE HEREBY NOTIFIED that pursuant to the provisions of Section 10(a) of the Act, the penaltyffrsJ set forth below is/ are being proposed, based on che cicauon(s). * <' ,v'\ :v 5. NONSERIOJS VIOLATIONS 6. .VIOLATION'S Citation No, 5B. Item No# 5C. Proposed Penalty 6A. Citation No* 6B. Item No, 6C. Proposed Penalty i .1. 0.00 ' 2. 0.00 3. 0.00 # S 7. Total Proposed Penalty for All Alle.eJ Violation. J C.fi.T Area Dite'ctet' / *'// :/ / / ("Oate > > ^ril 3 _ . *, .. O'.'.' The proposed penalty for Nonserious Violations of safety and health standards reflects s 50 percent adjustment factor ^f,C0lf"*Ve ^*1* co be taken within the period prescribed in the citation. If a particular alleged violation is not corrected within this period, e , . adjustment will be added co such other penalty as may subsequently be proposed for failure to correct a violation within the a ateme... period. No abatement credit is allowed for violations of recorakeeping or posting requirements. -0.170337 ' v& U S. DEPARTMENT OP LABOR Occupational Safvtv and Health Administration tr.U. S. Dep3rtm3"t of Lab~r "l Occupational Safety & HeaKh Administration Riverside Pima 2720 Riverside Drive Macon, Georgia 31204 L. J iYor j 0. Ualroyal, Incorporated ' ] ' { [Highway 29 J iHogansviUe, Georgia 30230 j fit. C-0637 r...... -r * 36 j74 AKCA NE&.GN 3390 4 Subject: Citation(s) for Alleged Occupational Safety and Health Violation(s) \n inspection of a place of employment has revealed conditions which we believe do not comply with the provisions j sf the Occupational Safety and Health Act of 1970, (29 U.S.C. 651 et seq.). The nature of such alleged violation(s') | .s described in the enclosed citation(s) with references to applicable standards, rules, regulations and provisions of the <aid Act. These conditions must be corrected on or before the date shown to the right of each alleged violation therein. The Act requires that a copy of the enclosed citation(s) be prominently posted "in a conspicuous place upon receipt" at or near each place a violation referred to in the citation occurred. It must remain posted until all violations cited therein are corrected, or for 3 working days*, whichever period is longer. A sufficient number of copies of the attached citacion(s) should be prepared to permit posting in accordance with the requirements of the Act. The Act provides for penalties for violation of the posting requirements. You are hereby notified, or will soon be notified, whether or not penalty(ies) will be proposed as a result of the cited violation(s). You have the right to contest any or all parts of either the citation(s) or the proposed penalty(ies) before the Occupational Safety and Health Review Commission. The Review Commission is an independent agency with authority to issue decisions regarding citation(s) and proposed penaity(ies). If you do contest, you should submit a letter to the Area Director at the address shown above within 15 working days* after receipt of the certified mail notice regarding proposed penaity(ies). If you fail to contest within the 15 working day period, the citation(s) and the penalty(ies) as proposed, shall be deemed to be a final order of the Review Commission and not subject to review by any court or agency. If an employer contests the citation, the abatement period specified therein does not begin to run until the date of the Commission's final order in the case PROVIDED the employer initiated his contest in good faith and not solely for delay or avoidance of penalties. . You have a right to request a discussion with the Area Director concerning any results of the inspection (abatement dates, citations, penalties, etc.). Please direct correspondence to, or call, the Area Director at the address shown at the top of this letter. A request for an informal discussion cannot extend the 15 working day period allowed for filing a notice of contest. Therefore, a'request for an informal discussion should be brought to the'attention of the Area Director prior to the end of the 15 working days allowed for filing a notice of contest, preferably as soon as possible. .. An employee or representative of employees may file a notice (letter) to contest the reasonableness of the time stated in the citation for the abatement of the alleged violation(s). Alleged violations that are not contested shall be corrected within the abatement period specified in the citation. A followup inspection may be made for the purpose of ascertaining that the employer has posted the citation(s) as required by the Act and corrected the alleged violations. Failure to correct an alleged violation within the abatement period may result in further proposed penalties for each, day the alleged violation has not been corrected. Timely correction of an alleged violation does not affect the initial proposed penalty. ' Correction of alleged violations which have an abatement period- of 30 days or less should be reported in writing to the Area Director promptly upon correction. Reporcs of corrections should show specific corrective action on each such alleged violation and the date of such action. On alleged violations having an abatement date of more than 30 days, a written progress report should be submitted each 30 days. The progress report should detail what has been done,-what remains to bo done, and the time needed to fully abate each such violation. When the alleged violation is'fully abated, the Area Director should be so advised. The Act provides that whoever knowingly gives false information Is subject to a fine up to 810,000, imprisonment , up to 6 months, or both.