Document jNmvOy3zRDaaxw516GGre4ov2
U.S. DEPARTMENT of labor Occupational Safety and health administration
OM N*. 0 <401.449
COMPLAINT
Log 0196
Fe. Otliciol U. Only
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Do ? R*c*iv*S
R*9<m
Aoril 8, 1975
R*C*iv*d
This form is provided (or che assistance of any complainant and is not intended to constitute the exclusive means by which a complaint may be registered with the U.S. Department of Labor.
The undersigned (check one) H51 Employee Representative of employees Other (specify);
believes that a violation at the following place of employment of an occupational safety or health standard exists which is a job safety or health hazard. Does this hazardfs) immediately threaten death or serious physical harm? 0 Yes l~~l No
Employer's Nam- Cement Asbestos Product Co.
Address
(Street ( (City --
1. Kind of business
Ragland Pipe Shop
. State Alabama
Telephone W2-2111
.Zip Code.
35131
2. Specify che particular building or worksite where the alleged violation is located, including address.. Ragland Plant___________________________________________________________________
3. Specify the name and phone number of employer's agent(s) in charge.
Jim Wright
4. Describe briefly the hazard which exists there including the approximate number of employees exposed to or threatened by such hazard.
We are asked to wear one time use disposable dust masks for approximately k weeks* This
affects approximately 100 employees*
The man that requested this is a new man with this compax^#
("Continue on reverie side if necessary/
Sec. 8(f)(1) of the WiUiaas-Stcigtr Occupational Safety and Health Act, 29 U.S.C. 631, provides as follows: Any em ployees or representative of employees who believe ffa*- viola dec c( c safe?/ or heclch stawUacd vatsc* *"*- threatens physical harm, or tfaa: an imminent danger exists, may request an inspection by giving ootice to die Secretary or his author ized representative of such violation or danger. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employees or representative of employees, and a copy shall be provided die employer or his ageot no later chan at the time of inspection, except that, upon request of the persoo giving such notice, his name and the names of individual eaployges referred to therein shall oot appear in such copy or on
record published, released, or made available pursuant to subsection (g) of this section. If upon receipt of such notifica tion die Secretary determines there are reasonable grounds to believe' that such violation or daoger exists, be shall make a special inspection in accordance with the provisions of this section as soon as practicable, to determine if such violation or daoger exists. If the Secretary determines there are oo ressoaable grounds to believe that a violation or danger exists he shall ootify the employees or representative of the employees in writing of such determination.
/ (Continued on rovono side)
Form OSHA-7
Jon. 1972
HER 0008835
). Lise by number and/or name the particular standard for standards) issued by the Department of Labor which you claim has been violated, if known.
6. (a) To your knowledge has this violation been considered previously by any Government agency?
No
(b) If so, please state the name of the agency.
(c) and, the approximate date it was so considered. 7. (a) Is this complaint, or a complaint alleging a similar violation, being filed with any other Government agency?
_H (b) If so, give de name and address of each.
8. (a) To your knowledge, has this violation been the subject of any union/management grievance or have you for anyone yos know) otherwise called it to the attention of, or discussed it with, the employer or any representative thereof? Not to my knowledge___________________________
(b) If so, please give the results thereof, including any efforts by management to correct the violation.
9. Please indicate your desire:
fxt I do not want my name revealed to the employer.
Cl My name may be revealed to the employer.
Continue item 4 heret if additional spoce is needed^
COMPLAINANT'S NAME
TvDed or Prineed Name
Address
fStreet
( (City
If you are a representative of employees, state the name of your organization
t
1 State
Zio Code
HER 0008836
THIS IS IMPORTANT IKFOHftATIOm PLEASE READ CAREFULLY
QUESTION THE IH5PECTIKG COMPLIANCE OFFICER OH AMY POINTS YOtT DO EOT TETDERSTAiro
Mr. Employer:
This sheet contaias important information relating to the closing conference.
CITATION - The violations which have teen discussed will probably result in a citation. If so, you should read the citation very carefully, including the printed cover letter.
yCAITES - You are reminded of the possibility that monetary penalties may be assessed for violations found. If so, a separate proposed penalty letter (OSHA-3) will be forwarded to you. The total amount shown on the OSEA-3, which already includes the SCo adjustment factor, will be due within 15 working days after receipt. All penalties are payable even though violations axe corrected.
P05TPS0 - The Act requires a copy of the citation be prominently posted upon receipt "in a conspicuous place at or near the violation cited". It must remain posted until all violations cited are corrected or three working days, whichever is longer. The Act contains penalties of 3500 for violations of posting requirements.
COIiTEST PROCSDPBBS - You have a right to contest oux findings. To do so you must
notify this office in writing within 15 working days after receipt of the notice of
proposed penalties. If you contest, you must post a notice to this effect near the citation contested.
COEHSCTIOIf - Alleged violations that are not contested are required to be corrected by the abatement dates shown on the citation. A letter from a company official stating in detail how the violations have been corrected and the date of the correction will be due in our office by the abatement dates. If this abatement letter is not sent, a follow-up inspection will be made!
ASATTrSKT DATES - Your input has been carefully considered in arriving at the abatement dates shown on the citation you may receive. We believe these dates to be realistic, and you ara expected to have the items abated by that time. Failure to correct an alleged violation by that date will result in minimum penalties of 3100 per day for each violation not corrected. Should some unforseen circumstance take place which will prevent your completion of an item by this date, you should submit a letter of request for an extension to our office as far in advance as possible of the abatement date in order for the Area Director to consider an extension. This letter must contain the following information as a minimum:
1. Detailed information regarding steps you have taken, including dates of such actions, to achieve compliance during the prescribed abatement period.
2. A statement defining the specific additional abatement time necessary to achieve compliance.
3. The reasons such additional time is necessary including the unavailability of professional or technical personnel or of materials and equipment, or because necessary construction or alteration of facilities cannot be completed by the original abatement date.
It* A list of all available interim steps being taken to safeguard the employees against the cited hazard during the abatement period.
5. A statement certifying that a copy of your request for an extension has been posted (and the date of such posting) in a conspicuous place where all affected employees will have notice thereof or near each location where the violation occurred. If your employees are represented by an authorized representative, you must serve the representative with a copy of your request and certify that you have done so. Yon must also certify that you notified your employees of their right to file an objection to your request in writing with the Birmingham OSHA Office, and that they ware informed that failure to file such objection within 10 working days of the date of posting the request will constitute a waiver of any further right to object to the petition.
F0LL0W-P? mSPECTIQH - A follow-up inspection will b^ m^de on all serious violations and msy be m|de on other inspections-for the purpose of ascertaining that you have posted the' citation as required by the Act and corrected'the violations as you have reported. The Act provides that whoever Joiovingly gives false information is subject ;o a fine up to $10,000, imprisonment up to 6 months, or both.
0. L. WYATT,. A'rea Director Birmingham Area ri-rr< --
HER 0008837