Document e7D1XmKB1XqGdMR2VoDm8bjm4

Internal Memorandum Date: To: - From: Subject: J.H. Paraskevas B.W. Hurley- Unit: ICD lull 81977 JEFOEY t SILVER 1 OSHA LEAD-IN-AIR CITATION - PHILADELPHIA PLANT As you requested on. October 14, 1977, I have attached a copy of the original lead-in-air OSHA citation dated December 22, 1976. We obtained a 9 month extention to March 1977 and a request for a second extension was denied by OSHA. We are presently awaiting a hearing - a docket number has been assigned by the Department of Labor. The hearing could come at any time. When we appear before the hearing officer, we must be able to demonstrate improvements in the cited areas a - g. This time between the OSHA denial of an extension and the hearing date can be viewed as an informal extension. Accordingly, we should be moving ahead just as if we were granted the second extension. ) DWH/dmc cc: T.E. Anderson J.A. Bielaus W.E. Blair M.A. DeSesa J.L. Jacobs / J.E. Silver J.M. Stark N 27294 CJTAt ION o , t T ?., . - * ... *** /. .- '1 n.ry S. Pnchknr, Area Dir 'or wil.3 jam J. Ori'on Fodor.il Hut tiling 600 Arch Street -- Suite 4256' Philadelphia, Pennsylvania 19106 K9638 a '-.: a 6540 L_ J TO: 2. ! NL INDUSTRIES ] 2607 Cumberland Street j Philadelphia, Pennsylvania (215) 597-4955/6/7 -----------------------1 l 3, Citation Number_______ l 19125 4. Page --1of 5.. i I TYPE OF ALLEGED VlOLATlON(S): REPEATED 7. 1275 An inspection was made on9/29.30 S 10/7,5 19 23. of a place of employment located at: 8- 260 7 Cumberland St., Phila., PAand describad as .bSows: lead chemical producer _________________________________________________________________________________ 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 et Seq,, in fhe following respects: l- m v.ber IK Standard, regulation or section of ihc Act zlta^cdly violated 12. Description of alleged violation 13. Date by which altered ^. must be c'.-u-c'.cd 29 CFR 1910.1000 formerly 29 CFR 3910.93 Employees, in the following locations, were exposed to materials listed in Tables Z-2 of this section, and their exposures were not limited in accordance with the require ments of 29 CFR 1910.1000(b). Samples were obtained at the breathing zone of the em ployees : aL Oxide Department -- millman, b). Building 9 t - Packer #13 and Blender #3 c) Building 2 -- Flash Drier.Packer #5 `Submission of a de tailed pin for long term abale ment to be submitted to the Art Director athe above address by January 22 1976 d) Building 2 -- Packer fl e). Building 2 -- continuous Drier Operator `Complete a batement. L>\ June 22,19, f) Building. 18 -- Blender #2 ' g) Building 18 -- Packer #12 Employees at the preceding locations, a thru g, were exposed to lead in excess of eighthour time-weighted averages. The employer was previously cited for an alleged violation in Item Humber 1 of the Citation Humber 1 issued August 28,1973, for this standard. -- SOf1. T* Kn r> f- fnr ? K ^ j- Cpnip hS Th a law requires that a copy of this citation shall be prominently posted in a conspicuous place at or near each pH. .ce that an alleged violation referred to in the citation occurred. The citation must remain posted until all .-!hg..-d violations cited therein are corrected, or for 3 working days*, whichever period is longer. KIOM1S OK KMi'LUYF.KS y v..3p.cice or repre a ii >. : n is or.: 1> }.l/.e of t<s *.J.o b:li.\Ca that any j- riod of tur.e fi.xid in this ciLhtion for the cor.n of lo c? :il- l ;-_th li...e !;y a ktUr lo the U S. D p\rtrri.nt of K \"*t it lb* bln 15 wor'.'-v; d-.-ji,* of tbe r-.-: . f iVi'. < `.t j p- t. >n '?,..!] ti:. ; 1 or r. \: , J l.) C 4 *.f b- c..i: . 1) -f i* v n, hi .c -f* :y y Jn.-nr.- r 'r.:.ic . ! . by ' ::rVi ,j. . c.A \j.'. ;r : :1 I {..):h t i.f i*_ ii u.s t . j1 :H.;.'vy i c l1. *. < >nch ee h* s fib d ;.r.y t'. . ,-! int i to t, :s Att <*r t- lifi-d or is to l'- *.'fy in i.vh ; bb:\ - If / <ib* of -..y .ifft-rdid by lh:s Act.*' 5 C. 1 1(c) K ,f. j i: ,, 11 t jji.i .: ! .v S v.'nn.v n .ti*.. Doc'-ml'-ur. 22 13 .75. N 27294.01 NL 000041333 ' - .'Hfiffiitftfnce of'&eftSffewSsk > constitute a finding that a viofhtid ,f flic Act has occurred untaHi f;ihtre fo contest as provided for in the Act or, if contested, unless the citation is affirmed by (lie Oceupail SUfety and Her.1th Review Commission. DF.SCEiPTIOHS OF TYPES OF VIOLATIONS XONSERIOUS violation is one which is not a serious violation within the meaning of the Act but which has a direor immediate relationship to occupational safely and health. 10US violation, according to the Act, "shall ho deemed to exist in a place of employment if there is a substan tial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes Which have been adopted or are in use, in such place of employ meat unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation." f/i! :2?UL violation exists under the Act where the evidence shows (1) that the employer committed an Infenflcivl -.:i browing violation c the Act and the employer is conscious of the fact that what he is doing constitutes a vio. t'c:i c the Act, or (2) oven though the employer was not consciously violating the Act, lie was aware that a Irasw :lov3 condition existed aid made no reasonable effort to eliminate the condition. .0 violation exists where the employer has abated an earlier violation, for which a citation v issued, rn; .pen let inspection, is found to have committed the same violation. Ccitespcncisnce, cr ether form i of communication, relative to this citation should to directod to the office shown the top of front prga of thi: form. Til cowospcndeuce, please refer to the OSIIA-1 No. which appears in the v-pp. ' 'glit-hcnd corner of front page of this cili.t'on. t NL 000041334 U( < Ui'AHONAI. 'Al-kiV & lil AUIl Ali.MlNlM'ttA'tION ' ' 1. T T-'i m ./. (Troonc, Jr., Ucdc-c- Building Ou.ito ddS6 - 600 Arch SV .ut l'hil.ulolphia, Pennsylvania 19106 DATE: December 22, 1975 n nv TO: Mr, Daniel Hurley, Plant Manager NL INDUSTRIES 2607 Cumberland Street Philadelphia, Pennsylvania 19125 SUBJECT: Attachment to Citation issued December 22, 1975; CKHd .-K9R38 OSHA-1 Report No. 63 ABATEMENT REQUIREMENT Detailed Plan (s) ........ ..............................this detailed plan for the long term program is to in clude feasible engineering and/or administrative controls and a time schedule of pro posed action for each cited item. This plan is to be implemented in accordance with their provisions. Complete' Abatement................................................the date by which feasible engineering and/or administra tive controls must be im plemented to reduce the employbes1 exposure to the cited air contaminant to a level not to exceed the respective eight-hour time-weighted averageslisted in Table G-3 or to the employees' exposure to noise levels in excess of those listed in Table G-16. Until final abatement is achieved, written progress reports should be submitted to the Area Director every two months. List in each progress report the accomplish ments on each cited item. Samplin results of specific operations should be included. N 27294.02 NL 000041335 US. DEPARTMENT OF LABOR i. imj : -U'.u.il 5T -f< ty and 11 .<tth Atlnimislt-Mhan if. n livery .5. Raelikar, Area Director William J. Croon Federal Building 6Q0 Arch Street -- Suite 4256 Philadelphia, Pennsylvania 19106 CCOOMMOO NNOth*... K9638 A MCA 6540 3 (215) 597-4955/6/7 JTO: i2..'ir. Daniel Hurley, Plant Manager j NT, IN'DUSYRTES i 2607 Cutaherland Street i Philadelohia, Pennsylvania 19125 j j j I j Subject: Citation(s) for Alleged Occupational Safety and Health Violation(s) J V.J xj. '67S An inspection of a place of employment has revealed conditions which we believe do not comply with the provisions of Ihe Occupational Safety and 1 With Act of 1970, (29 U.S.C. 651 et set}.). The nature of such alleged violalion(s) is described in the enclosed-cilation(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 i nclosed i.i(ation(s) be prominently posted "in a conspicuous place upon receipt" it or near each place a violation referred to in the citation occurred. It must remain posted until all violations cited therein arc corrected, or far 3 working days*, whichever period is longer. A sufficient number of copies of the attached citnlion(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 arc hereby notified, or will soon be notified, whether or not penalty(ies) will be proposed as a result of the riled violation^). You have the right to contest any or all parts of either the citation(s) or the proposed penalty(ies) before the Occupational Fnfcly and Health Review Commission, 'the Review Commission is an independent agency with authority to issue decisions regarding cilation(s) and proposed penally (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 pcnalty(ics). 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 (lie 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 toe 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 Hie 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 (he 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 citalion(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 rorrecUofi of an alleged violation does not affect the initial proposed penally. 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 cornlion. R> ports of corrections should show specific corrective action on each such alleged violation and the date of such aiti'-n. *11 alleged violations having an ubatemc-nt date of more than 30 d..ys, a written progress report, should be submiltcd.Vach 30 days. The progress report should detail what has heen done, what remains to be done, and the time needed to fully abate each such violation. When the alleged violation fully abated, the Area Director should be so advised. Die Act provides that whoever knowingly gives false information is subject to a fine up to 10,000, imprisonment ,i to 6 months, or both. if you wish additional information, you may direct such request to the undersigned at the address shown above. *LYdcr the Occuj'iti*.:::.! SaMy ,md H-Jth Act, the term "Working Day*' means i!^"days through Fridays but does not include Salur <T y*. Fun*? .ys, r Fi hr.il Mi.'.j-h-.ys. 3. r.-l(s) Ki-. d Qt. ,\y . Y.:v.--riuuS 'us ** U.S. D 4 of I,:;bur N 27294.03 i. il. ; 1 -I 1. 1 * i*t,t; fi< .i! ii-r ii of r, v. - 1 1\ - -sty . :.J. ,i J'3 Yr* (1 . Or." a ?c NL 000041336 U.S. OLiWRfMLNi OF LAriOR f ipofJoftol' Safety- rt<f ffcoltfe Admtaistrofioi* (i,- 1 Harry S. Hachkar, 7rea Director William J. rreen Fedora 1 Bu.ildincr GOO Arch Street -- Suite 4256 Philadelphia, .Pennsylvania 19106 t'.HO NO. K9638 AREA 6540 1215} 597-4955/6/7 -J iO: 12.Mr. Daniel Hurley, Plant Manager 1 Nh INDU.ST.RTBS i 2607 Cui''horland Street ! Philadelphia, Pennsylvania - 19125 3. Dace .December 22. 1975 THERE IS NO REQUIREMENT THAT THIS NOTIFICATION BE POSTEO. NOTIFICATION OF PROPOSED PENALTY This notification and the penalty(ies) proposed by the Secretary of Labor shall be deemed to be the final order of the Occupational Safety and Health Review Commission fen independent agency uitb (rtlborily to issue decisions respecting citations nnd proposed penalties) and not subject to review by any court or agency unljess, within 15 working days from the date of receipt of this notification, you submit a letter of contest, rhe letter of contest should be mailed or otherwise delivered to the Area Director named below at the address shown at the lop of this notification. If no notice of contest is filed within the 15 Working day period the proposed pcnalty{ies) becomes final and is immediately payable- Payment of all penalties shown is to he made by check or money order payable to the order of "Occupational Safety and Health-Labor''. Pajment of penalties should he remitted to the "Area Director at the ad"drcss shown above. - Section 17(1) of the Act states: `'Civil penalties owed unlcr this Act shall be paid into the Treasury of the United States and shall accrue to the United States and may be recoveted ill n civil .tcthn in the name of the United States brought in the United States district court for ;\e district where the violation is alleged to have occurred or where the employer has its principal office.** Or. ,he22nJ^.day of ... Oocombor_________19 .7$, cltotionfs) was issued to you In accordance with the provisions of Section 9(a) of the Occupational Safety and Health Act of 1970 (S4 Stat. 1601; 29 U.S.C. 651 et seq.) hereinafter referred to as the Act. You were thus *.v ified of certain alleged violations of the Act, as specified in that citalion(s)- ' YOU ARE 11EKKUY NOTIFIED that pursuant to the provisions of Section 10(a) of the Act, the pcnaUyfr>s7 set forth below is/ are^cing ,-ruposcd, based on the citJUon(s). ' ; -.t. =-t . j i I 1 e ^ ! J t . J, , d r * i r I'.) - y : .! .t. Jy be j ; >j eied for f.ulutc ;o e virect a vic-l.-iL n w ilhin tl.c .il t:,. . at ; (-< I, No ,i! ..t< . - iit <. ;i `it i% ,i! .i J let ' .vl.it i eua of n cutdl ccpn.g ur posting mpiir cuts. ------- --------- ------ N 27294.04 NL 000041337