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U.S. pepartment ot Labor Occupational Safety and Health Administration Hoover Annex Suite 200 2156 Uooddale Boulevard Baton Rouge , LA 70806 1. Type of Violations) 2. Cilalion Number Serious 01 9. To: Hebert Brothers Engineers, and its successors P.O. Box 715 Plaquemine, LA 70764 Inc The violation^) described In this Citation are alleged to have oc curred on or about the day the Inspection was made unless otherwise indicated within the description given below. 11. Inspection Site: 3. Issuance Dale 4. Inspection Number 01/08/87 101017275 5. Reporting ID 0625700 6. CSHO ID M0340 7. Optional Report No. 020 8. Pegs No. 1 of 2 10. Inspection Datefs): 9/30/86 10/3/86 Dow Chemical Co., LA Hwy #1 Plaquemine, LA 70764 PLAINTIFF'S EXHIBIT THE LAW REQUIRES that a copy of this Citation be posted Immediately In a prominent place at or near the location of vioialion(s) cited below. The Citation must remain posted until the violations cited below have been abated, or for 3 working days (excluding weekends and Federal holidays), whichever Is longer. This Citation describes violations ol the Occupational Safety and Health Act ol 1970. The penalties) Sated below are based on these violations. You must abate the violations referred to In this Citation by the dates Bated below and pay the penalties proposed, unless within 15 working days (excluding weekends and Federal holidays) Irom your receipt of this Citation and penally you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown above. (See the enclosed booklet which outlines your rights and responsibilities and should be read In conjunction with this term.) You are further nolified that unless you inform the Area Director In writing lhat you Intend to contest the Cllallon or proposed penalties within 15 working days after receipt, this Citation and the proposed penalties will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation does not constitute a finding lhat a violation ol the Act has occurred unless there Is a failure to contest as provided lor In Ihe Act or, H contested, unless the Citation is affirmed by the Review Commission. 12. Item Number 13. Slandard. Regulation or Section of Ihe Act Violated 14. Description The alleged violations below have been grouped because they involve similar or related hazards that may Increase the potential for Injury resulting from an accident. 15. Dale by Which Violation Musi Ba Abated 1 la 29 CFR 1910.1101(b)(2): Employee(s) were exposed to airborne con centrations of asbestos fibers in excess of the ceilling concentration of 10 fibers longer than 5 micrometers, per cubic centimeter of air: 02/17/87 (a) Worksite: Hebert Brothers Engineers, Dow Chemical Facility, Plaquemine, Louisiana. cc: Construction & General Laborers, Local 1177 cc: Laborers' International Union of North America Penatlle Are Du< Within Days ol Hsttlpl of This NoUflci Unless Contest (See enclose Booklet This S< May Be Oetacte Before Posting 16. Per 400. to --( CD \JC CC CC U 17. Area Oireclor Paul J. Hansen, 1 Last Ps NOTICE TO EMPLOYEES -- The law gives an employee his representative the opportunity to object to any abate ment date set for a violation if he believes the date to be unreasonable. The contest must be mailed to the U.S. Department ot 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 Cita tion and penalty. EMPLOYER DISCftfMlNATION UNLAWFUL -- The law pro hibits discrimination by an employer against an employee lor 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 Ihe U.S. Department of Labor Area Of fice at the address shown above. Tl: Ptitil lot Th ciatit Mftkl Ctx Monty C Paysbit OOL-OS Intflca taped Nufrto EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and should be read in conjunction with this notificalion. ---------------- CITATION AND NOTIFICATION OF PENALTY ORIGINAL OSHA-2 (Rev 1/84) U.S. Department of Labor Ociupatldnal Safely and Health Administration Citation and Notification of Penalty US Department of Labor - OSHA Hoover Annex Suite 200 2156 Wooddale Boulevard Baton Rouge , LA 70806 1. Type ot Violators) 2. Citat on Number Serious 01 The violalion(s) described In this Citation are alleged to have oc curred on or about the day the inspection was made unless otherwise Indicated within the description given below. 11. Inspection Site: 3. Issuance Dale 4. Inspection Number. 01/08/87 101017275 5. Reporting ID 0625700 6. CSHO ID M0340 7. Optional Report No. 020 S. Page No. 2 of 2 10. Inspection Date(s): 9/30/86 10/3/86 9. To: Hebert Brothers Engineers, and its successors P.0. Box 715 Plaquetnine, LA 7076*1 Inc. Dow Chemical Co., LA Hwy #1 Plaquemine, LA 7076*1 THE LAW REQUIRES that a copy ol this Citation be posted Immediately In a prominent place at or near the location ot vtoUtlon(*) cited below. The Citation must remain posted until (ha violations cited below have been abated, or (or 3 working days (excluding weekends and Federal holidays), whichever la longer. This Citation describes violations ol the Occupational Safety end Health Act ol 1970. The penalties) listed below are based on these violations. You must abate the violations rslerrad to In this Citation by the dales listed below and pay the penalties proposed, unless within IS working days (excluding weekends and Federal holidays) from your receipt ol this Citation and penalty you mall a notice ol contest to the U.S. Department of Labor Area Office at the address shown above. (See the enclosed booklet which outlines your rights and responsibilities and should be read In conjunction with this lorm.) You are further notified (hat unless you Inlorm the Area Director In wilting that you intend to contest the Citation or proposed penalties within IS working days after receipt, this Citation and the proposed penalties will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance oI this Citation does not constitute a finding lhat a violation of the Act has occurred unless there Is a failure to contest as provided for In Ihe Act or. if contested, unless the Citation Is affirmed by the Review Commission. 12. Item Number t3. Standard. Regulation or Section of Ihe Acl Violated Description 15. Date by Which 'Violation Must Be Abated 1b 29 CFR 1910.1101(f)(2) (ii ): The airborne asbestos monitoring schedule was not of sufficient frequency and pattern as to represent with reasonable accuracy the levels of employee exposure to airborne asbestos fibers: 02/17/87 (a) Worksite: Hebert Brothers Engineers, Dow Chemical Facility, Plaquemine, Louisiana. PtnalSn Ara On Within II Days et Receipt at Ira Noitfictfc Uniats ConMed (See enctosed Booklet) This Sect May Be Detached Before Posting 18. Pena; CO --f CD CO 00 CO cn 17. Area Director Paul J. Hansen, J, is. $ 400.C NOTICE TO EMPLOYEES -- The law gives an employee or his representative the opportunity to object to any abate ment 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 ot this Cita tion and penalty. EMPLOYER DISCRIMINATION UNLAWFUL -- The law pro hibits discrimination by an employer against an employee for tiling a complaint or for exercising any rights under this Acl. 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 Of fice at the address shown above. Total fruity lor This ClUUon Maka Ct*ch Money Otd Payable U "DOL-OSH. tndkata Inspector Number EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet oullines employer rights and responsibilities and wammenc should be read in conjunction with this notification. ------------------ CITATION AND NOTIFICATION OF PENALTY ORIGINAL OSHA-2 (Rv. 1/64) U.S. Department of Labor Occupational Safety and Health Administration Citation and Notification of Penalty US Department or Labor - OSHA Hoover Annex Suite 200 2156 Uooddale Boulevard Baton Rouse , LA 70806 1. Type of Vio'afioo(s) Other 2. Cation Number 02 3. Issuance Dale 4. Inspection Number 01/08/87 101017275 5. Reporting ID 0625700 The violation^) described in this Citation are alleged to have oc 7. Optional Report No. curred on or about the day the 020 Inspection was made unless | otherwise Indicated within the 10. Inspection Date(e): description given below. 6.CSHOID M0340 a. Pege No. 1 o, 10 11. Inspection Site: 9/30/86 10/3/86 *-To Hebert Brothers Engineers, Inc. and its successors P.0. Box 715 PIaquemine, LA 70764 Dow Chemical Co., LA Hwy #1 Plaquemine, LA 70764 THE LAW REQUIRES that a copy of this Citation be posted Immediately In a prominenl place at or near ihe location ot vMatlonfs) cited below. The Citation must remain posted untl the violation* cttad below heve been abated, or lor 3 working days (excluding weeksnds and Fedarei holidays), whichever Thls'cdallon describee violations of Ihe Occupational Safety and Health Ad of 1970. The peneHy(loa) listed below are based on these vtoUllor* You must abate the notations referred to in this Citation by the dates listed below and pay the penalties proposed, unless wflhln IS working days (excluding weekends and Federal holidays) tram your receipt of this Citation and penally you mall a notice of contest to the U.S. Department of Labor Area Office at Ihe address shown above. (See Ihe enclosed booklet which outlines your rights and responsibilities and should be read In conjunction with this form.) You are further notified that unless you Inform Ihe Ares Director In writing that you Intend to contest Ihe Citation or proposed penalties within IS working days after receipt, this Citation and the proposed penalties will become a linal order of the Occupational Safety end Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation does not constitute a finding that e violation ot the Act has occurred unless there Is a tellurs to contest as provided lor in Ihe Act or, if contested, unless the Citation la affirmed by the Review Commission. 12. Hem Number 13. Standard. Regulation or Section ot the Act Violated 14. Description 15. Dale by Which Violation Must Be Abated 1 29 CFR 1904.2(b)(2): A copy of the log and summary or occupational injuries and illnesses (OSHA Form No. 200 or equivalent) was not available and current to within 45 calendar days at the establishment: 01/20/87 (a) Worksite: Hebert Brothers Engineers, Dow Chemical Facility, Plaquemine, Louisiana; the employer failed to keep a copy of the 200 log at each of the employer's establish ments which reflects separately the injury and illness experience of that establishment complete and current to a date within 45 calendar days. PsraMts Are Due Within 11 Days f Rectiat sf Tm Nodflcafl Unless Contsste (Sea enclosed BooideQ This Sec Miy Be Detachec Before Posting 16. Pant o.c vc cc cr 17. Area Director Paul J. Hansen, Jr J________ liast Pg NOTICE TO EMPLOYEES -- The law gives an employee his representalive (he opportunity to object to any abate ment date set lor a violation if he believes Ihe 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 Cita tion 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 afler the discrimination with the U.S. Department of Labor Area Of fice at the address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and should be read in conjunction with this notification. CITATION AND NOTIFICATION OF PENALTY ORIGINAL OSHA-2 (Rev. 1/64) Totil Pimlt for Till Cltatto Mk C*w Moov O Ptyibta "DOL-0& tndfcal lnpcli Numtx on Rwmlntr U S. Department of Labor Occupational Salely and Health Administration Citation and Notification of Penalty US Department of Labor - OSHA Hoover Annex Suite 200 2156 Uooddale Boulevard Baton Rouse , LA 70806 1. Type d) V.olat;on(s) Other 2. Citation Number ! 02 The violation^) described in this Citation are alleged to have oc curred on or about the day the Inspection was made unless otherwise Indicated within the description given below. 11. Inspection Site: 3. Issuance Dale 4. Inspection Number 01/08/87 101017275 5. Reporting ID 0625700 8. CSHO ID M0340 7. Optional Report No. 020 S. Page No. 2 ol 10 10. Inspection Dete(s): 9/30/86 10/3/86 ` Hebert Brothers Engineers, and its successors P.0. Box 715 Plaquemine, LA 70764 Inc. Dow Chemical Co,, LA Hwy #1 Plaquemine, LA 70764 THE LAW REQUIRES that a copy o! this Citation be posted Immediately in a prominent place at or near the location ot violation^) chad below. The Citation must remain posted until the violations dtsd below have been abated, or tor 3 working days (excluding weekends and Federal holidays), whichever Is longer. This Citation describes violations of the Occupational Safety and Health Act ol 1970. The penalty(!es) listed below are based on these violations. You must abate the violations referred to In this Citation by the dates listed below and pay the penalties proposed, unless within 15 working days (excluding weekends and Federal holidays) Irom your receipt ol this Citation and penalty you mall a notice ol contest lo the U S. Department ot Labor Area Office at the address shown above. (See the enclosed booklet which outlines your rights and responslbiikes and should be read In conjunction with this lorm.) You are further _ notified that unless you Inform Ihe Area Director In writing that you Intend lo contest the Citation or proposed penalties within 15 working days after receipt, this Citation and the proposed penalties win become a final order of the Occupational Safely and Health Review Commission and may rxrf be reviewed by any court or agency. Issuance of this Citation dost not constitute a finding that a violation of the Act has occurred unless there la a lalkira lo contest as provided . lor In (he Act or. il contested, unless the Citation Is affirmed by the Review Commission. 12. Hem Number 13. Standard. Regulation or Section of the Act Violated 14. Description 15. Date by Which Violation Must Be Abated The alleged violations below have been grouped because they Involve similar or related hazards that may increase the potential for injury resulting from an accident. 2a 29 CFR 1910.20(g) Cl ) (i): Employees exposed to toxic substances or harmful physical agents were not informed of the existence, location and availability of records pertaining to such exposure: 01/20/87 (a) Worksite: Hebert Brothers Engineers, Plaquemine, Louisiana. 2b 29 CFR 1910.20(g)(1) (ii): Employees exposed to toxic substances or harmful physical agents were not informed of the person responsible for maintaining and providing access to the records per-taining to such exposure: 01/20/87 (a) Worksite: Hebert Brothers Engineers, Plaquemine, Louisiana. Pension Art Due Within 15 Days ol Receipt efTkh Hotlfleatto Unless Contested (See enclosed Booklet) This Secb May Be Detached Before Posting 16. Penal 0.0 CO --I CD LO CO CD CO 17. Area Director Paul J. Hansen, NOTICE TO EMPLOYEES -- The law gives an employee dr his representative the opportunity to object to any abate ment date set for a violation il 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) ol the receipt by the employer ol this Cita tion and penalty. -Vr EMPLOYER DISCRIMINATION UNLAWFUL -- The law pro hibits discrimination by an employer against an employee lor 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 ol Labor Area Of fice at the address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and should be read in conjunction with this notification. CITATION AND NOTIFICATION OF PENALTY ORIGINAL OSHA-2 (Rev. 1/84) is. Last Pe Total PiMlty lor Thli Citation UikB Check Money Ore PeyeWe tc OOL-OSH kuficett InipteUor Number on Rem Wane U.S. Department of Labor Occupational Safety and Health Administration Citation and Notification of Penalty Ui> Department of Labor - OSHA Hoover Annex Suite 200 2156 Wooddale Boulevard Baton Rouge , LA 70606 1. Type of Violalion(s) 1 2. Citation Number Other 02 9. To: Hebert Brothers Engineers, and its successors P.0. Box 715 Plaquemine, LA 70764 Inc. 3. Issuance Date 4. Inspection Number 01/08/87 101017275 The violation!*) described In this Citation are alleged to have oc curred on or about the day the inspection was made unless otherwise Indicated within the description given below. 5. Reporting ID 0625700 7. Optional Report No. 020 10. Inspection Date(s}: 6. CSHO ID M0340 8. Page No. 3 of 10 11. Inspection Site: 9/30/66 10/3/06 Dow Chemical Co., LA Hwy #1 Plaquemine, LA 70764 THE LAW REQUIRES that a copy o( this Citation be posted Immediately in a prominent place at or near the location of violation^) cited below. The Citation must rsmain posted until the violations died below have been abated, or lor 3 working days (excluding weekends and Federal holidays), whichever Is longer. This Citation describes violations ol the Occupational Salety and Health Ad o( 1970. The penalities) isted below are bated on these violations. You must abate the violations referred to In this Citation by the dates listed below and pay the penalties proposed, unless within 15 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 above. (See the enclosed booklet which outlines your rights and responsibilities and should be read In conjunction with this form.) You are further notified that unless you Inform the Area Director in writing that you Intend to contest the Citation or proposed penalties within 15 working days alter receipt, this Citation and the proposed penalties will become s Hnel order oI the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance ot this Citation does not constitute a (biding that a violation o' h Act has occurred unless there Is a tenure to contest as provided lor in the Act or. H contested, unless the Citation Is affirmed by the Review Commission. 12. Item Number 13. Standard. Regulation or Section ol the Ad Violated 14. Description 15. Date by Which ' Violation Must Be Abated 2c 29 CFR 1910.20(g) (1 )(iii ): Employees exposed to toxic substances or harmful physical agents were not informed of their rights to access to records pertaining to such exposure: 01/20/87 (a) Worksite: Hebert Brothers Engineers, Plaquemine, Louisiana. 3 29 CFR 1910.20(g)(2): A copy of 29 CFR 1910.20 and its appendices was not made readily available to employees: 01/13/07 Penaffltj Are Dos Wlthts 1! Days of Receipt of TMs NtHc* Union Contotc (See endosed Bootfef) This Sect May Be Detached Beloit Posfctg 16. Pana 44L O UO CO OD --1 CO o.c (a) Worksite: Hebert Brothers Engineers, Dow Chemical Facility, Plaquemine, Louisiana. 4 29 CFR 1910.134(b)(1): Written standard operating procedures govern ing the selection and use of respirators were not established: 02/17/87 240.( (a) Worksite: Hebert Brothers Engineers, Dow Chemical Facility, Plaquemine, Louisiana. 17. Area Director Paul J. Hansen, Jr/ iLast Pg NOTICE TO EMPLOYEES -- The law givesSth employee of his represenlative the opportunity to object to any abate ment date set for a violation if ha believes the date to be unreasonable. The contest musl be mailed to the U.S. Department ol Labor Area Office at Ihe address shown above wilhin 15 working days (excluding weekends and Federal holidays) ol the receipt by the employer of this Cita tion and penally. EMPLOYER DISCRIMINATION UNLAWFUL -- The law prohibils discrimination by an employer against an employee lor filing a complaint or for exercising any rights under this Act. An employee who believes that he has been discriminated against may lile a complaint no later than 30 days after Ihe discrimination with the U.S. Department ol Labor Area Of fice at Ihe address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and should be read in conjunction with this notification. CITATION AND NOTIFICATION OF PENALTY ORIGINAL OSHA-2 (Rev. 1/84) InAsti lrtp<U< m i.S. Department of Labor ccupattonal Safely and Health Administration station and Notification of Penalty US Department of Labor - OSHA Hoover Annex Suite 200 2156 Uooddale Boulevard Baton Rouse , LA 70006 t. Type ol V olation(s) | 2. C-tation Number Other 02 The vioiatlonfs) described In this Citation are alleged lo have oc curred on or about the day the Inspection was made unless otherwise indicated within the description given below. 11. Inspection Site: 3. Issuance Date 4. Inspection Number 01/O0/07 101017275 5. Reporting ID 0625700 8. CSHO ID M0340 7. Optional Report No. 020 8. Page No. *4 of 10 10. Inspection Dale(s): 9/30/06 10/3/06 9. To: Hebert Brothers Engineers, and its successors P.0. Box 715 Plaquemine, LA 70764 Inc. Dow Chemical Co., LA Hwy #1 Plaquemine, LA 7076*4 IE LAW REQUIRES that a copy of this Citation be posted Immediately In a prominent place at or near the location of vtotalk>n(s) cited below. The atlon must remain potted until the violation* cited below have been sbatad, or lor 3 working day* (excluding weekend* end Federal holiday*), whichever longer. is Citation describes violation* of the Occupational Safety and Health Act of 1970. The penalty!ies) isted below ere based on these violations. You must lie the violations referred to In this Citation by the dates Isted below and pay the penalties proposed, unless within t5 working days (excluding weekends i Federal holidays) from your receipt of this Citation and penalty you mail a notice ol contest to the U.S. Department of Labor Area Office at the address iwn above. (See the enclosed booklet which outline* your rights and responsibilities and should be read In conjunction with this form.) You are further ilied that unless you Inform the Area Director In writing that you Inland lo contest the Citation or proposed penalties within IS working days after receipt, i Citation and the proposed penalties will become a final order ol the Occupational Salety and Health Review Commission and may not be reviewed by any jrt or -rjoncy. Issuance ol this Citatlo does not constitute a finding that a violation ol the Act has occurred unless there Is a failure to contest as provided In the Act or. It contested, unless the Citation la affirmed by the Review Commission. Item Number Standard, Regulation or Section of the Act Violated 14. Description IS. Dale .by Which Violation Must Be Abated T CFR 1910.13*4(b) (3): The users of respirators were not instructed i trained in the proper use of respirators and their limitations: 02/17/07 Ptriifbas Art Ova Within 15 Diyi of Receipt at rat NoUfcatkM Unless Caatasfed (See enclosed Booklet) THs Secton May Be Detached Before Posting IS. Penalty 2*40.00 (a) Worksite: Hebert Brothers Engineers, Dow Chemical Facility, Plaquemine, Louisiana. GO O GO CO CO CO CO Area Director Paul J. Hansen, Jr 18. Last Pg TICE TO EMPLOYEES -- The law gives an employee dr representative the opportunity to object to any abate- nt date set for a violation if he believes the date to be easonable. The contest must be mailed to the U.S. fartmenl of Labor Area Office at the address shown ive within 15 working days (excluding weekends and leral holidays) of Ihe receipt by the employer of this Cita- and penalty. EMPLOYER DISCRIMINATION UNLAWFUL -- The law pro hibits discrimination by an employer Bgainst an employee for filing a complaint or lor 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 discriminalion with the U.S. Department of Labor Area Of fice at the address shown above. PLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and ' uld be read in conjunction with this notilication. TION AND NOTIFICATION OF PENALTY ORIGINAL OSHA-2 <n*v. 1/84) total Penalty lor This Citation Mik Chnck or Morwv Onto Piyablt DOt-OSHA" tntflctt* lnNpumcbttto*n on U.S. Department of Labor Occupational Safety and Health Administration Citation and Notification of Penalty US Department or Labor - OSHA Hoover Annex Suite 200 2156 Wooddale Boulevard Baton Rouge , LA 70606 1. Type of Violation(s) Other 2. Cilaton Number 02 The violations) described in this Citation are alleged to have oc curred on or about the day the inspection was made unless otherwise Indicated within the description given below. 11. Inspection Site: 3. Issuance Dale 4. Inspection Number 01/08/87 101017275 5. Reporting ID 0625700 6. CSHO ID M0340 7. Optional Report No. 020 8. Page No. 5 of 10 10. Inspection Date(s): 9/30/86 10/3/66 9'To' Hebert Brothers Engineers, and its successors P.0. Box 715 Plaquemine, LA 70764 Inc. Dow Chemical Co., LA Hwy #1 Plaquemine, LA 70764 THE LAW REQUIRES that a copy of this Citation be posted Immediately in a prominent place at or near the location of vk4alion(s) died below. The Citation must remain posted until the vtolatlone cited below have been abated, or for 3 working days (excluding weekends and Federal holidays), whichever Is longer. This Citation describes violations of the Occupational Safety and Health Act of 1070. The penalty(les) Hated below are based on these violations. You musl abate the violations referred to in this Citation by Ihe dalas listed below and pay the penalties proposed, unless within 15 working days (excluding weekends and Federal holidays) from your receipt of this Citation and penalty you mall a notice of contest to the U.S. Department of Labor Area Office at the address shown above. (See Ihe enclosed booklet which outlines your rights and responsibilities and should be read In conjunction with this form.) You ara further notified that unless you Inform Ihe Area Director In welling thal you Intend to coolest the Citation or proposed penalties within 15 working days altar receipt, this Citation and Ihe proposed penalties will become a Anal order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance ol this Citation does not constitute a finding that a violation ol the Ad has occurred unlert b,ers Is a failure to contest as provided lor in the Act or, II contested, unless the Citation Is alfirmed by the Review Commission. 12. Item Number 13. Standard. Regulation or Section ol tha Act Violated 14. Description IS. Date by Which Violation Must Be Abated i ------------------r 9 CFR 1910.134<b)(10): Persona were assigned to tasks requiring use T respirators and it had not been determined that they were physically ble to perform the work and use the equipment, and the respirator ser's medical status was not reviewed periodically (for instance nnually): 02/02/87 Psnaifin Art Dus Within IB Days sf Ratalpt of This Notification Unless Contested (See enclosed Booktel) This Sector May Be Detached Before Posting Id. Penalty 240.00 (a) Worksite: Hebert Brothers Engineers, Plaquemine, Louisiana. 1. Process employees mix and handle asbestos using 3M respirators in the cell service area 1/1/85 to 6/30/86 without having respirator fit test. 2. Process laborers handle asbestos contaminated cathodes and anodes in cell service area and throughout the chlorine area using Type H MSA Comfo II respirators (TC-23C-153) 6/30/87 to present without having respirator fit test. CD UD CO CO cc 17. Area Dilector Paul J. Hansen, Jr. fikst Pg NOTICE TO EMPLOYEES -- The law gives an employee o/ iis representative the opportunity to object to any abatenent dale set lor a violation if he believes the date to be treasonable. The contest must be mailed to the U.S. Department of Labor Area Oflice at the address shown tbove within 15 working days (excluding weekends and ;ederal holidays) of the receipt by the employer ol this Citaion 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 thal 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 Of fice at the address shown above. MPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and hould be read in conjunction with this notification. STATION ANO NOTIFICATION OF PENALTY ORIGINAL OSHA-2 (Rav. 1/84) Trial Ptmiry lor This Citation Mah Chtck o* Monty Ordt Ptytblt to: OOL-OSHA' bupocUon Numbtf U.S. Department of Labor Occupational Safety and Health Administration Citation and Notification of Penalty US Department of Labor - OSHA Hoover Annex Suite 200 2156 Uooddale Boulevard Baton Rouge , LA 70806 1. Type cf Violation^} 2. Citabor) Number Other 02 The vioiallon(s| described in this Citation are alleged to have oc curred on or about the day the Inspection was made unless otherwise Indicated within the description given below. 11. Inspection Site: 3. Issuance Date 4. Inspection Number 01/08/87 101017275 5. Reporting ID 0625700 8.CSHOID M0340 7. Optional Report No. 020 8. Pag* No. 6 of 10 10. Inspection Date(s): 9/30/86 10/3/86 9* Hebert Brothers Engineers, and its successors P.O. Box 715 Plaquemine, LA 70764 Inc. Dow Chemical Co., LA Hwy #1 Plaquemine, LA 70764 THE LAW REQUIRES that a copy of this Citation be posted Immediately In a prominent place at or near the location of vtolationfs) died below. The Citation must remain posted until the violations dtsd below have been sbaled, or tor 3 working days (excluding weekends and Federal holidays), whichever la longer. This Citation describee violations of the Occupational Safety and Health Act of 1970. The penalties) Mad below are based on these violation*. You must abate the violations referred to in this Citation by the dates Ksted below and pay the penalties proposed, unless within 15 working days (excluding weekends and Federal holidays) (rom your receipt of this Citation and penalty you mail a notice of contest to the U.S. Department of Labor Area Office al the address shown above. (See the enclosed booklet which outlines your rights end responstollllies and should be read In confunctlon with this form.) You are further notified that unless you Inform the Arse Director In writing that you Intend to contest the Citation or proposed penalties within 15 working days aflar receipt, this Citation and the proposed penalties will become a final order ol the Occupational Safety and Health Review Commission and may not ba reviewed by any court or agency. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there la a tellur* to contest as provided (or In the Act or, If contested, unless the Citation is affirmed by the Review Commission. 12. Item Number 13. Standard. Regulation or Section of the Act Violated 14. Description 15. Data by Which Violation Must Be Abated T !9 CFR 1910.1101(h)(2): Asbestos waste, scrap, debris, bags, con.ainers, equipment, and asbestos-contaminated clothing, consigned for lisposal, which may produce airborne levels of asbestos fibers in ex.ess of prescribed limits was not collected and disposed of insealed mpermeable bags or other closed, impermeable containers: 02/17/87 (a) Worksite: Hebert Brothers Engineers, Plaquemine, Louisiana; asbestos was transported in unsealed bags and without adequate labeling on asbestos waste containers. Penaffln An Due Within 15 Day! tl Noffilcatlan (Man Cofllastad (See enclosed Booklet) This Secto May Be Detached 8efore Posting 18. Penalt-, 0.0C GO --I CD GC CC CC oc rv 17. Area Director Paul J. Hansen, Jr. 18. Last Pg NOTICE TO EMPLOYEES -- The law gives an employee hi3 represenlative the opportunity to objecl to any abate ment 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 al the address shown above within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this Cita tion and penalty. EMPLOYER DISCRIMINATION UNLAWFUL -- The law pro hibits discrimination by an employer against an employee for tiling 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 Oftice at the address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and' should be read in conjunction with this notification. CITATION AND NOTIFICATION OF PENALTY ORIGINAL l OSHA-2 (Hav 1/84)1 T#ti Psnilty for Thli ClUlltm Maka Chtcfc Monty Of* Payabk la ,*00L-0SH> lodkalt InaptcUon Numbtf J.S. Department of Labor )ctupatiohal Safety and Health Administration Hoover Annex Suite 200 2156 Wooddale Boulevard Baton Rouge , LA 70606 1. Typo cf V*o'a! on(s) 2. Citaton Number Other 02 The violatlon(s) described in this Citation are alleged to have oc curred on or about the day the Inspection was made unless otherwise Indicated within the description given below. 11. Inspection Site: 3. Issuance Date 4. Inspection Number 01/08/87 101017275 5. Reporting ID 0625700 S. CSHO ID M0340 7. Optional Report No. 020 8. Page No. 7 ol 10 10. Inspection Date(s): 9/30/86 10/3/86 9. To: Hebert Brothers Engineers, and its successors P.0. Box 715 Plaquemine, LA 70764 Inc. Dow Chemical Go., LA Hwy #1 Plaquemine, LA 70764 HE LAW REQUIRES that a copy ot this citation be posted immediately In a prominent place at or near the location of violations) died below. The lltation must remain posted uni* the violations cited below hove been abated, or lor 3 working days (excluding weekends and Federal holidays), whichever , i longer. Ttis Citation describes violations ot the Occupational Selety and Health Act ot 1970. The penalty(les) listed below are based on these violations. You must bale the violations referred to in this Citation by the dates listed below and pay the penalties proposed, unless within tS working days (excluding weekends nd Federal holidays) trom your receipt ot this Citation and penalty you mall a notice oI contest to the U S. Department o' Labor Area Office at the address hown above. (See the enclosed booklet which outlines your rights and responsibilities and should be read In conjunction with this form.) You ars further lotilled that unless you Inform the Ares Director in writing that you Intend to contest the Citation or proposed penalties within IS working days alter receipt. lis Citation and the proposed penalties wil become a final order ol the Occupational Safety and Health Review Commission and may not be reviewed by any ourt or agency. Issuance ot this Citation does not constitute a finding that a violation of the Act has occurred unless there I* a feXurs to contest as provided , yt In the Act or. It contested, unless the Citation Is affirmed by the Review Commission. 2, Item Number 3. Standard. Regulation or Section ol the Act Violated 14. Description CFR 1910.1101(1X2): Every employee or former employee did not te reasonable access to asbestos monitoring records which indicate te employee's own exposure to asbestos fibers: IS. Date by Which Violation Must Be Abated T 01/20/87 PtnsrtM An Due WRMn 15 Day* <( WCflB of Tm NellHatton Units* Contested (See enclosed Booklet) This Section May Ba Detached Before Posting 16. Penalty 240.00 (a) Worksite: Hebert Brothers Engineers, Dow Chemical Facility, Plaquemine, Louisiana. 1. On 4/29/85 monitoring data for cell service block #56. 2. On 2/27 thru 6/18/86 monitoring data for personnel and areas of cell service block #56. O yJD CO CO CC cc 7. Area Director Paul J. Hansen, Jn dast Pg IOTICE TO EMPLOYEES -- The law gives an employee lis representative the opportunity to object to any abalenent date set lor a violation il he believes the data to be treasonable. The contest must be mailed to the U S. )epartmenl of Labor Area Office at the address shown ibove within 15 working days (excluding weekends and :ederal holidays) ot the receipt by the employer ot this Cilaon and penalty. EMPLOYER DISCRIMINATION UNLAWFUL -- The law pro-1 hlblts discrimination by an employer against an employee for ' filing a complaint or (or 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 Of fice at the address shown above. Total Panalty for Thli CHltlon Mk Cbtcfc o t0 P*v*i DOL-i fndlorta Inspection Numbar MPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklel outlines employer rights and responsibilities and R.mJttnc* hould be read in conjunction with this notification. --------------------- ITATION AND NOTIFICATION OF PENALTY ORIGINAL OSHA-2 (Rev. 1/84) ILS. Department of Labor Occupational Safety and Health Administration Citation and Notification of Penalty US Department of Labor - OSHA Hoover Annex Suite 200 2156 Uooddale Boulevard Baton Rouge , LA 70806 1. Type cl Violnlicnis) 2. Otalon Member Other 02 The violation^) described In this Citation are alleged to have oc curred on or about the day the Inspection was made unless otherwise Indicated within the description given below. 11. Inspection Site: 3. Issuance Date 4. Inspection Number 01/08/87 101017275 5. Reporting ID 0625700 S. CSHO ID M0340 7. Optional Report No. 8. Page No. 020 8 ol 10 10. Inspection Date(s): 9/30/86 10/3/86 9. To: Hebert Brothers Engineers, and its successors P.O. Box 715 Plaquemlne, LA 7076*1 Inc. Dow Chemical Co., LA Hwy #1 Plaquemlne, LA 70764 THE LAW REQUIRES that a copy of this Citation be posted Immediately In a prominent place at or near the location of vtotatlonta) died below. The Citation must remain posted until the violations died below have been abated, or lor 3 working days (excluding weekends and Federal holidays), whichever Is longer. This Citation describes violations ol the Occupational Safety and Health Act of 1970. The penalties) Hated below are based on these violations. You must abate the violations referred lo In this Citation by the dales listed below and pay the penalties proposed, unless wilhln 15 working days (excluding weekends and Federal holidays) from your receipt of this Citation and penalty you mall a notice of contest to the U S. Department of Labor Area 0(1Ice at the address shown above. (See the enclosed booklet which outlines your rights and responsibilities and should be read in conjunction with Ihla form.) You are further notified that unless you Inlorm the Area Director In writing that you Intend to contest the Citation or proposed penalties wilhln 15 working days altar receipt, this Citation and the proposed penalties will become a linal order ot the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency, issuance ol this Citation does not constitute a flnding that a violation olth* Act has occurred unless there Is a failure to contest as provided lor In the Act or. II contested, unless the Citation Is affirmed by the Review Commission. 12. Item Number 13. Standard, Regulation or Section ol Ihe Act Violated 14. Description 15. Date by Which Violation Must Be Abated ----------------------- r ) '9 CFR 1910.1101(1)0): Employee(s) found to have been exposed at iny time to airborne concentrations of asbestos fibers in excess of .he prescribed limits were not notified in writing of the exposure >r advised of corrective actions being taken: 01/20/87 Petunia Are Dus WRMn 15 Dap ol Receipt of Tm Hotlfteetton IMta Contested (Set enclosed Booklet) This Section May Be Detached Before Posing 18. Penalty 2*40.00 (a) Maintenance employees for the cell service block area mixing pulp and cleaning cathodes to remove asbestos were exposed to airborne asbestos in excess of the permissible exposure limit of 2 fibers/cc on 2/27/86 and 6/18/06 without receiving notification in writing of the exposure or without advise of the corrective action taken. Job Exposure Sample Description Leve} Time Location CO kO CO CO oo Laborer 3.08 fibers/cc 435 Min. Cell Service 2/27/66 Laborer 2.24 fibers/cc 120 Min. Storage Room 6/18/86 Laborer 11,22 fibers/cc 15 Min. Storage Room 17. Area Director Hansen, Jr( Paul J. - fourf) A ^4/29/05 ________________ 1 18. Last Pg NOTICE TO EMPLOYEES -- The law gives an employee or his representative the opportunity to object to any abate ment date set (or a violation il he believes the date to be unreasonable. The contest must be mailed to the U.S. Department ol 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 Cita tion 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 thal 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 Of fice at the address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and Totil Penilty lor Ttili Citation Cteck < Money O'dc Payabla lo -DOL-OSHA Indicate Inapectlon Numbar on ffeeiinanc* should be read in conjunction with this notification. CITATION ANO NOTIFICATION OF PENALTY ORIGINAL OSHA-2 <fiev. VS4) U.S. Pepartrhent of Labor Occupational Safety and Health Administration Citajion and Notification of Penalty US Department of Labor - OSHA Hoover Annex Suite 200 2156 Wooddale Boulevard Baton Rouge , LA 70006 t. Type ol V'Ofat on(s) 2. C taticn Numfcer Other | 02 9. To: Hebert Brothers Engineers, and its successors P.0. Box 715 Plaquemine, LA 70764 Inc. The vio)atlon(s) described In this Citation are alleged to have oc curred on or about the day the Inspection was made unless otherwise Indicated within the description given below. 11. Inspection Site: 3. Issuance Dels 4. Inspection Number 01 /O0/07 101017275 5. Reporting ID 8. CSHO ID 0625700 M0340 7. Optional Report No. 8. Page No. 020 9 0f 10 10. Inspection Date(s): 9/30/06 10/3/06 Dow Chemical Co., LA Hwy 9\ Plaquemine, LA 70764 THE LAW REQUIRES that a copy ot this Citation be posted Immediately In a prominent place at or near the location of violation^) died below. The Cilalion must remain posted until the violations dted below have been abated, or lor 3 working days (excluding weekends and Federal holidays), whichever is longer. This Citation describes violations ot the Occupational Safety and Health Act ot 1970. The penalty(les) Haled below are based on these violations. You must abate the violations referred to in this Cilalion by the dates listed below and pay the penalties proposed, unless within IS working days (excluding weekends and Federal holidays) from your receipt ot this Citation and penalty you mail a notice of contest to the U.S. Department ot Labor Area Office al the address shown above. (See Iha enclosed booklet which outlines your rights end responsibilities and should be read In confunctlcn with this form.) You are further notified that unless you Inform the Area Director In writing that you intend to contest the Citation or proposed penalties within 15 working days alter receipt, this Cilalion and the proposed penalties will become a final order ot the Occupational Salaty and Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation does not constitute a finding that a violation of the Ad has occurred unless there is a failure to contest as provided lor In the Act or. if contested, unless the Citation Is affirmed by the Review Commission. 12. Hem Number 13. Standard, Regulation or Section of the Act Violated 14. Description 10 29 CFR 1910.1101(j ) (4): The employer did not provide or make avail able, within 30 days before or after termination of employment of an employee engaged in occupations exposed to airborne levels of asbestos, a comprehensive medial examination: 15, Date by Which Violation Must Be Abated 1 01/2O/07 Penalttei An Dus Within 1 Days si Receipt at This NoHflcaU Units* Contest* (See enclosed Booklet) This Sec May Be Detached Before Posting 16. Pena 240. C (a) Worksite: Hebert Brothers Engineers, Dow Chemical Facility, Plaquemine, Louisiana. GO O LC cc oc cc a 17. Area Director Paul J. Hansen, Jr J________ llast Pg NOTICE TO EMPLOYEES -- The law gives an employee Wr his representative the opportunity to object to any abate ment 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 Ihe receipt by the employer of this Cita tion and penalty. EMPLOYER DISCRIMINATION UNLAWFUL -- The law pro hibits discrimination by an employer against an employee lor 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 Of fice at the address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and should be read In conjunction with this notification. CITATION AND NOTIFICATION OF PENALTY ORIGINAL 'IOSHA-2 (Rsv. 1/84) Tom Penalty for This Citation hUltl Cluck Money Ofd Payable tc 'DOL-OSM, Indicate hepectlor Number on Remlttanc l/.S.- Department of Labor Occupational Salaty and Health Administration Citation and Notification of Penalty US Department of Labor - OSHA Hoover Annex Suite 200 2156 Wooddale Boulevard Baton Rouge , LA 70606 1. Type of Vofator(s) J Other 2. Citation Number 02 ` Hebert Brothers Engineers, Inc. and its successors P.O. Box 715 Plaquemine, LA 70764 The violation(s) described in this Citation are aleged to have oc curred on or about the day die inspection was made unless otherwise Indicated within the description given below. 11. Inspection Site: 3. Issuance Dale 4. Inspection Number 01/08/87 101017275 5. Reporting ID 0625700 6.CSHO ID M0340 7. Optional Report No. 8. Page No. 020 10 of 10 10. Inspection Date(s): 9/30/66 10/3/66 Dow Chemical Co., LA Hwy #1 Plaquemine, LA 70764 THE LAW REQUIRES that a copy of this Citation be posted Immediately In a prominent place at or near the location of viotatlon<s) chad below. The Citation must remain posted until the violations cited below have been abated, or tor 3 working days (excluding weekends and Federal holidays), whichever Is longer. This Citation describes violations ol the Occupational Safely and Health Act of 1970. The penallyfles) listed below are based on these violations. You must abaia Ihe violations referred lo In fhle Citation by the dales listed below and pay the penalties proposed, unless within 15 working days (excluding weekends and Federal holidays) from your receipt of this Cltaiion end penalty you malt a notice of contest to the U S. Deportment of Labor Ares Office at the address shown above. (See the enclosed booklet which outlnes your rights and responsibilities and should be read In conjunction with this term.) You are further. notified that unleis you Inform the Area 0tractor In writing that you Intend to contest the Citation or proposed penalties within 15 working days after receipt, this Citation and tha proposed penalties will become s Inal order of the Occupational Safely and Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation doss not constitute a finding that a violalIon ol (he Ad has occurred uniass there Is a failure lo contest as provided . for In the Act or, H contested, unless the Citation Is affirmed by Ihe Review Commission. 12. Itsm Number 13. Standard, Regulation or Section of the Ad Violated 14. Description 15. Date by Which Violation Musi Be Abated r 11 29 CFR 1926.21(b)(3): The employer did not instruct each employee who was required to handle or use poisons, caustics, and other harmful substances regarding their safe handling and use, and be made aware of the potential hazards, personal hygiene, and personal protective measures required: 02/02/87 (a) Worksite: Hebert Brothers Engineers, Plaquemine, Louisiana. Faulta Art Out Within 15 Otyt tf Rcctlet nift NoMuDm (Mm ContMtstf (Set endossd Booklet) Ttts Section May Be Detached Before Posting 16. PenaKy 240.00 to --i o to CD CO CO cn NOTICE TO EMPLOYEES -- The law gives an employee or his representative the opportunity to object to any abate ment date set for a violation il he believes the date to be unreasonable. The contest must be mailed to the U.S. Department ot Labor Area Office at the address shown above within 15 working days (excluding weekends and Federal holidays) ol the receipt by the employer of this Cita tion and penalty. EMPLOYER DISCRIMINATION UNLAWFUL -- The law pro hibits discrimination by an ernployer against an employee lor tiling a complainl or for exercising any rights under this Act. An employee who believes that he has been discriminated against may tile a complaint no later than 30 days after the' discrimination with the U.S. Department of Labor Area Of-. lice at the address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and ' should be read in conjunction with this notification. CITATION ANO NOTIFICATION OF PENALTY ORIGINAL OSHA-2 (Rv. 1/81) 1680.00 Total Penalty lor Tills Qlotkui Mill, Qwck o Morwr OnJ* Psytois to: DOL-OSHA1' fndfcoft Inspection Nun^>r on RemJiUnco