Document RJjvy289amaBzgdb3RR5k4m6k

FILE NAME Allied Signal Bendix ASB DATE 1972 Mar 13 DOC ASB081 DOCUMENT DESCRIPTION Memo RE Third Visit by OSHA Us . c Memorandum . Cetter Friction Materials Division - . f *: 3/10/7w2e received t OS OSHAH ouA t of 4 Nashville Tennessee in the person of David Roberts =. Industrial Hygienist * You have my 2/10/72 and 2/14/72 letters plus to you covering their first visit my 3/7/72 letter to OSHA related to their first and second visits Attached hereto is copy Houston Smith's 3/3/72 note to me explicitly cover- the seconsedcond visit 8.0 2 tysctfae Te er 9 Pa Roberts visit was prompted by another anonymous employee complaint stating that the receiving dock=: get wet and Tramp and railroad box car floors slick - in inclement weather and that the loading and un- : 4. loading platforms do not meet standards OSHA stand- ards 1910.22 paragraph 2 and 1910.30 paragraphs 2,4,5 those claimed to be violated After completing - * his investigation Mr. Roberts told that the complaint : . would probably be denied since we in his opinion con- =< formetdo standards oe a "lt et Bot rs aske tod be advised in writofiOn SHAg 's denial of this complaint and of the denial of the first employee compl but Ma r.iRon bert ts said this not an OSHA - procedubruet that we might get a repltyo a letter of inquiry against the status of the complainortder Hse believe would be well to submit such letter in order to hopefully close the thoe n s thee se two incidences Fe, : Mr. Roberts told us that we would not be cited for the an lack overhead guard the Receiving Department lift truck Thus the need for a thirty day extension to correct this alleged violation has been precludedextension he and we merely need to advise OSHA in writing when the ~ writing guard has been received and installed - 2-7. 3 a 7 Si We were also advised of the results of the noise level * and airborne contaminant tests made during OSHA's 2/11/72 UnforUnfortunaelytUnufnoratutneatlelyy Mr. Roberts did not have the actual results with him This was a disappointment since we had requested results of his regardless of ---: report whether they were in or out of specificationHse again i: advised that their procedures did not include include such a WCK006909 Internal - ae a7 ./ Memorandum Third.Visit Visit by OSHA to FMD - Tennessee - Page 2 a BBeennddiixx ; . _ ; oe rr: but promised to phone me this week and a answers Citations for the supply the <7 ig are expected , following alleged violations 77:3" alleged violations rete 7 ; No a. Bloc2k35broifquetthete press asbestos Per volume 36 - Dust an Asbestos FewdeeraelxceReedgitshteer5 pfairbaegrrsaph 1910.93a : per ee a #4 milliliter specification + showed 10 fibers Mr. Roberts tests Ae ls - + the 8 hour time per - milliter concentration on . weighted basis mFS ) Cut saw at ee decibels compression mold line - over 90 . can - Se oe Te c Sandblast booth over 90 decibels - d 7 e f ee Oger Block width cut saw - over 90 decibels } . Passenger car lining grinder - over 90 decibels .. oe 90 Mix room hammermill - over decibels temporary closing , In spite of the fact that Mr. Roberts ; that the operators involved in items report includes a statement protection devices we b through f were wearing ear - of of ear expect a citation protective devices is at best a Per Mr. Roberts the 0s. use - - " As agreed corrective action | a of the upon with you on 3/10/72 we told Mr. . This conforming items would take up to eight Roberts that each ene _ timing is based upon 8 weeks design time 16 months to correct Co as 4-6 weeks installation time and 4 weeks weeks delivery yo . evaluation time os ; In Mr. Roberts be to our advantage to expressed eliminate dry a personal opinion that it would and go across with sweeping operations in our plant something like vacuum cleaners - Ol, cc J. W. E . R. E E e E F. E D. E E H. E enclosures we P re 7 ae om . 1 are re aa vo So Coe , re mS otf - rs aa a nr re re * Do roe cr BY . we a is WCK006910 WCK006910 Internal - ae a7 ./ Memorandum Third.Visit Visit by OSHA to FMD - Tennessee - Page 2 a BBeennddiixx ; . _ ; oe rr: but promised to phone me this week and a answers Citations for the supply the <7 ig are expected , following alleged violations 77:3" alleged violations rete 7 ; No a. Bloc2k35broifquetthete press asbestos Per volume 36 - Dust an Asbestos FewdeeraelxceReedgitshteer5 pfairbaegrrsaph 1910.93a : per ee a #4 milliliter specification + showed 10 fibers Mr. Roberts tests Ae ls - + the 8 hour time per - milliter concentration on . weighted basis mFS ) Cut saw at ee decibels compression mold line - over 90 . can - Se oe Te c Sandblast booth over 90 decibels - d 7 e f ee Oger Block width cut saw - over 90 decibels } . Passenger car lining grinder - over 90 decibels .. oe 90 Mix room hammermill - over decibels temporary closing , In spite of the fact that Mr. Roberts ; that the operators involved in items report includes a statement protection devices we b through f were wearing ear - of of ear expect a citation protective devices is at best a Per Mr. Roberts the 0s. use - - " As agreed corrective action | a of the upon with you on 3/10/72 we told Mr. . This conforming items would take up to eight Roberts that each ene _ timing is based upon 8 weeks design time 16 months to correct Co as 4-6 weeks installation time and 4 weeks weeks delivery yo . evaluation time os ; In Mr. Roberts be to our advantage to expressed eliminate dry a personal opinion that it would and go across with sweeping operations in our plant something like vacuum cleaners - Ol, cc J. W. E . R. E E e E F. E D. E E H. E enclosures we P re 7 ae om . 1 are re aa vo So Coe , re mS otf - rs aa a nr re re * Do roe cr BY . we a is WCK006910 WCK006910 | , OSHA U.S. DEPARTMENT OF LABOR Occupational Safety and Health Administration 1600 Hayes Street - Suite 302 Nashville Tennessee 37203 CITATION FOR SERIOUS VIOLATION CSHO NO 6053 AREA 1760 1 OSHA NO 1 REGION 4 Citation Number of 1 Date Issued EMPLOYER Friction Materials Division Bendix Corporation Street Michigan Avenue Road ADDRESS ( City Cleveland State Tennessee March 14 1972 Zip 37311 An inspection of a workplace under your ownership operation or control located Michigan Avenue Road Cleveland Tennessee and described as follows of Brake Manufacture Linings has been conducted On the basis of the inspection it is alleged that you have violated the Occupational Safety and Health Act of 1970 29 U.S.C. 651 in the following respects Standard or regulation allegedly violated 29 CFR 1910.93a a and b . Description of alleged violation Employees exposed to asbestos dust in excess of five fibers per milliliter without use of appropriate engineering methods of control Example of such exposure was the operator of machine 15-2 Date on which alleged violation must be corrected November , 1972 PLAINTIFF'S EXHIBIT 847 Area Director's Signature Eigene Light The issuance of a citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to ontest as provided for in the Act or if contested unless the citation is affirmed by the Occupational Safety and Health Review Commission RIGHTS OF EMPLOYEES Any employee or representative of employees who believes that any period of time fixed in this citation violation is unreasonable has the right to contest such time for correction by filing a notice with the U.S. t the address shown above within 15 working days of the date this citation was issued . for the correction of Department of Labor No person shall discharge or in any manner discriminate against any employee because such employee has filed any com- laint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify n such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this ICI Sec 11 c of the Occupational Safety and Health Act of 1970 29 U.S.C. 651 The law requires that a copy of the enclosed citation shall be prominently posted in a conspicuous place at or near ach place a violation referred to in the citation occurred It must remain posted until all violations cited therein are cor- seted or for 15 working days whichever period is longer A serious violation according to the Act shall be deemed to exist in a place of employment if there is a substantial practices robability that death or serious physical harm could result from a condition which exists or from one or more eans methods operations or processes which have been adopted or are in use in such place of employment unless the em loyer did not and could not with the exercise of reasonable diligence know of the presence of the violation Sec 17 > GP 11.466