Document kmjRrveLaOZgnkoe6bzwaLZ8n

(214) 595-2438 May 17, 1978 li.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY * HEALTH ADMINISTRATION ROOM 208, FEDERAL BUILDING 211 W, FERGUSON STREET Tyler, Texas 75701 Mr. J. Warner, President Tyler Pipe Industries, Inc. P. O. Box 2027 Tyler, TX 75710 Dear Mr. Warner: The enclosed Amended Citations and Notification of Proposed Penalty are being issued in order to change the wording of certain items in Citations 1 and 2 and also to amend the abatement dates of certain items in Citations 1 and 2. Please note that there is no change in the proposed penalties. You are required to post the Amended Citation and Notification of Pro posed penalty in the same manner as the original citation, and you will have a period of 15 working days from the receipt of the enclosed Amended Citation and Notification of Proposed Penalty to contest the violation, the proposed penalty or both. If you have any questions, please feel free to contact this office. Sincerely, Area Director Enclosure 'T*' U.b. Ut^AK 1 I'wlUIN* l ut- LHtHJh OCCUPATIONAL SAFETY AND HEALTH ADMIN IS r HA 11 ON CITATION and NOTIFICATION OF PENALTY Tyler Area Office 208 Federal Building Tyler, TX 75702 i< ISSUANCE OATE > OSHA NUMBER !05/17/78 i1 REGION | 06 ___ P.5407-,027 * AREA j` PAGE \_7070 j 1 of I 1 j TYPE OF VIOLATIONS) Serious 1 CITATION NO. i INSPECTION DATE: 11/15/77 INSPECTION SITE: Citation issued on 5-8-78 is Amended: Hwy 69 N Tyler, TX Tyler Pipe Industries, P. 0. Box 2027 Tyler, TX 75710 Inc. Attn; J. Warner/ President THE LAW REQUIRES that a copy of this Citation be posted immediately m a promi nent place at or near the location of the vio lations) cited below. The Citation must remain posted until the violations cited be low have been corrected, or for 3 working days (excluding weekends and Federal holi days) whichever is longer. ms citation describes violations of the Occupational Safety and Health Act of 1970. The penaitylies) listed below are based on these violations. must correct the violations referred to in this citation by the dates listed below and pay the penalties proposed, unless within 15 working days vciudmg weekends and Federal holidays) from your receipt of this citation and penalty you mail a notice of contest to the U.S. Department of -'por Area Office at the address shown above. (See the enclosed booklet which outlines your responsibilities and courses of action and should be ,td m conjunction with this form.) CM NUMBER ANDARD. REGULATION OR SECTION OF THE ACT VIOLATEO. DESCRIPTION DATE BY WHICH VIOLATION MUST BE CORRECTED (Deieted and revised as follows, abatement date modified) PENALTIES ARE DUE WITHIN 15 DAYS OF RECEIPT OF THIS NOTIFICATIO UNLESS CONTESTED (See enclosed Booklet) This Section M. Be Detached Before Postmq 29 CFR 1910.132 (a) : Protective equipment tvas not used where it was necessary by reason of hazards encountered in a manner capable of causing injury or impairment in the function of any part of the -body; 06/19/78 Muller operator, North Plant, exposed to phenolic flake resin | via i a. Whole body skin contact through his clothing. j b. Eye contact through safety glass by-pass. i c. Hand contact through poor glove maintenance and/or work without gloves. < ea Oftce at the address shown above with'n 15 working days agams! may file a complaint no later than 30 days after the icijding weekends and Federal holidays) of the receipt bv discrimination with the U.S Department of Labor Area Office 'e employer of this citation and penalty. at the address shown above. UPLOYER RESPONSIBILITIES AND COURSES OF ACTION The enclosed booklet outlines employer responsibilities and :;i ses of act'on ana should be read m conjunction wth this nohficat "POL OSH.' ndicate OSHA on Renntt,in OCCUPATIONAL SAFETY ANOHEALTH AOMIN IS IHAIIUN CITATION and NOTIFICATION OF PENALTY Tyler Area Office 208 Federal Building Tyler, TX 75702 1 ISSUANCE OATE OSHANUMBER 05/17/78 R5407-027 1 REGION 1 AREA | PAGE 06 7070 1 Of 2 TYPE OF VIOLATIONS! ! CITATION NO. 1 INSPECTION OATE REPEAT I2 I 11/15/78 INSPECTION SITE Citation issued 5-8-78 is Amended: Hwy 69 N Tyler, TX Tuler Pipe Industries, P. O. Box 2027 Tyler, TX 75710 Inc. Attn: J. Warner, President THE LAW REQUIRES lhat a copy ol this Citation be posted immediately m a prominent place at or near the location of the violation(s) cited below. The Citation must remain posted until the violations cited be low have been corrected, or for 3 working days (excluding weekends and Federal holi days) whichever is longer. h s citation describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed below are based on these violations, ou must correct the violations referred to m 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 abor Area Office at the address shown above. (See the enclosed booklet which outlines your responsibilities and courses of action and should be _Md m conjunction with this form.) VEM NUMBER TANDARD. REGULATION OR SECTION OF THE ACT VIOLATED. DESCRIPTION >* OATEBYWHICH I VIOLATION MUST ; BE CORRECTED PENALTIES ARE OUE WITHIN 15 DAYS OF RECEIPT OF THIS NOTIFICATI UNLESS CONTESTED (See enclosed Booklet) This Section I Be Oetoched Before Postm PENALT' 1A. (Deleted and revised as follows) 29 CFR 1910.1000 (c): Employee(s) were exposed to material(s) in excess of the 8-hour time weighted average limit(s) listed for that material(s) m table 2-3 of subpart Z of 29CFR Part 1910: Respirable dust containing silica located In the following areas of the North Plant: a. Hub core machine operators b. Core machine operators ("adjacent to whe_el area) c. Muller operator 1B(1) (Deleted and revised as follows) 29 CFR 1910.134(a)(2): Respirators were not provided by the employer when such eguipment was necessary to protect the health of the employee(s): In the North Plant for operators of hub cor and cor machines who are exposed to respirable dust containing silica. 1B(2) (Item 9 deleted and revised as follows) 29 CFR 1910.134 (b) (10) : Persons were assigned to tastes re quiring use of respirators and it had not been determined that they were physically able to perform the work and use the equip ment, and the respirator user's medical status was not reviewed periodically (for instance annually): Muller operator in the North Plant who is overexposed to respirable dust containing silica. 1C (Deleted and revised as follows, abatement dates modified) 29 CFR 1910.100 (e): Feasible administrative or engineering controls were not determined and implemented to reduce employee exposure(s): Respirable dust containing silica for operators of the AREA DIRECTOR ROBERT 3. SIMMONS NOTICE TO EMPLOYEES -- The law gives an employee or his -oiesentative the opportunity to ob|ect to any aoatement date for a violation if he believes the date to be unreasonable, ne contest must be mailed to the U.S. Department of Labor vt>a Office at the address shown above within 15 working days 'xdudmg weekends and Federal holidays) of the receipt by t: employe* of this Citation and penalty EMPLQYER DISCRIMINATION UNLAWFUL - The law pro hibiOlrfil^Nmination by an employer against an employee for filing VHofnplamt 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 Office at the address shown above. TOTAL PENA FORTH): CITATIQf MakecheckorA Order Payable "POL OSH Indicate OSH/ on Remittai MPLOYER RESPONSIBILITIES AND COURSES OF ACTION - The enclosed booklet outlines employer responsibilities and ourses of action and should be read in conjunction with this notification CITATION AND NfiTinrATION QF PfNfit TV OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION CITATION and NOTIFICATION OF PENALTY Tyler Area Office 208 Federal Building Tyler, TX 75702 | ISSUANCE OATE ` OSHA NUMBER 05/27/78 1 REGION R54077027 4 AREA 4 PAGE 06 7070 2 OF 2 TYPE OF VIOLATIONS) i REPEAT 1 CITATION NO. i 12 i Citation issued 5-8-78 is amended: INSPECTION DATE: 11/15/78 INSPECTION SITE Hwy 69 N Tyler, TX 70 Tyler Pipe Industries, Inc. THE LAW REQUIRES that a copy of this P. 0. Box 2027 Citation be posted immediately in a promi nent place at or near the location of the vio Tyler, TX 75710 lation^) cited below. The Citation must remain posted until the violations cued be Attn: J. Warner, President low have been corrected, or for 3 working days (excluding weekends and Federal holi days) whichever is longer motion describes violations of the Occupational Safety and Health Act of 19 70. The penalty lies) listed below are based on these violations, "i must correct the violations referred to in this citation by the dates I sied below and pay the penalties proposed, unless within 15 working days eluding weekends and Federal holidays! from you? receipt of this ci tation and penalty you mail a notice ot contest to the U.S. Department of hot Area.Office at the address shown above. (See the enclosed bookie i which outlines your responsibilities and courses of action and should be d m conjunction with this form.) PENALTIES ARE DUE WITHIN IS 0AYS0F RECEIPT OF THIS NOTIFICATIt UNLESS CONTESTED (See enclosed Booklet) This Section IV Be Detached Before Posting EM NUMBER ANOARD. REGULATION OR SECTION OF THE ACT VIOLATED. DESCRIPTION OATE BY WHICH VIOLATION MUST BE CORRECTED following machines or lines of machines in the North Plant: a. Hub core b. Core machine c. Muller STEP 1 06/19/78 Mjiudinq weekends'and Federal holidays) of the rpcptpt by discrimination with the U S Department of Labor Area Office employer of this citation and penalty. at me address shown above. VtPLOYER RESPONSIBILITIES AND COURSES OF ACTION - T enclosed booklet outlines employer responsibilities and ,:i<es ol action and should oe read in conjunction wth this .tot *;r.a: Indicaie OSH A on Rerrvtt.!" CITATION and NOTIFICATION OF PENALTY Tyler Area Office 208 Federal Building Tyler, TX 75702 > ISSUANCE DATE 1 0SHANU UBER 05/09/73 R5407-j-027 1 REGION 06 4 AREA 7070 * PAGE 1 OF 3 1 ; TYPE OF VIOLATIONS 1 CITATION-NO* I INSPECTION DATE: j REPEAT o . 11/15/73 INSPECTION SITE: Hwy 69 N Tyler, TX Tyler Pipe Industries, Inc P. 0. Box 2027 Tyler, TX 75710 THE LAW REQUIRES that a copy of this Citation be posted immediately in a promi nent place at or near the location of the violation(s) cited below. The Citation must ., Attn: J. Warner, President remain posted until the violations cited below have been corrected, or for 3 working days (excluding weekends and Federal holi days) whichever is longer. This citation describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed below are based on these violations. You must correct the violations referred to in this citation by the dates listed below and pay the penalties proposed, unless within IS 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 responsibilities and courses of action and should be read in conjunction with this form.) PENALTIES ARE DUE WITHIN 15 DAYS OF RECEIPT OF THIS NOTIFICftTt UNLESS CONTESTED (See enclosed Booklet) This Section f Be Detached Before Postin' ITEM NUMBER STANDARD. REGULATION OR SECTION OF THE ACT VIOLATED; DESCRIPTION DATEBYWHICH T" VIOLATION MUST BE CORRECTED PENALTN The violations described in this citation are alleged to have occurred on or about the day the inspection was made unless otherwise indicated within the description given below. 1A. 29 CFR 1910.1000(c): Enployee(s) were exposed to material(s) in excess of the 8-hour tine weighted average limit(s) listed for that 'aterial(s) in table Z-3 of subpart Z of 29 CFR part 1910: Suartz (silica) located in the following areas of the North Plant: See Below $2,000. v a. Hub core machine operators b. Core machinp operators (adjacent to wheel area) c. [fuller operator 1B(1) 29 CFR 1910.134(a)(2): Respirators were not provided by the em ployer when such equipment was necessary to protect the health of the employee{ s): In the North Plant for operators of hub core and core machines who are exposed to silica dust. 1B( 2). 29 CFR 1910.134(a)(2): The employer did not establish and main tain a respiratory protection program which included the require ments outlined in paragraph (b) of this section: 29 CFR 1910.134(b)(1): Written standard operating procedures ovcming the selection and use of respirators were not established: 29 CFR 1910.134(b)(3): Tlie users of respirators were not instruct ed and trained in the proper use of respirators and their limita tions: 29 CIR 1910.134(b)(5): disinfected: Respirators were not regularly cleaned and 29 CFR 1910.134(b)(5): Respirators issued for the exclusive use of one worker were not cleaned after each day1 s use, or more often /V,1 AREA DIRECTOR ROBERT B. SIMMONS < NOTICE TO EMPLOYEES -- Tne law gives an employee or his representative the opportunity to object to any abatement 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 EMPI| DISCRIMINATION UNLAWFUL - The law pro TOTAL PENA hibits, cLg^sbination by an employer against an employee for FOR THi: citatio; filing a complaint or for exercising any rights under this Act. IMakecheckorr.' An employee who believes that he has been discriminated ; Order Payahtr* Area Office at the address shown above within 15 working days (excluding weekends and Federal holidays) uf the receipt by the employer of this citation and penalty. against may file a complaint no later than 30 days after the ' "POL OSH discrimination with the U.S. Department of Labor Area Office Indicate OSHX on Remitrai at the address shown above. EMPLOYER RESPONSIBILITIES AND COURSES OF ACTION -- The enclosed booklet outlines employer responsibilities and courts of ?chun should be read in conjunction with this notification. CITATION ANO NOTIFICATION OF PENALTY OSHA 2 REV 5'7 OCCUPATIONAL SAFETY AND HPAL TH ADMINISTRATION CITATION and NOTIFICATION OF PENALTY Tyler Area Office 208 Federal Building Tyler, TX 75702 * ISSUANCE DATE 05/0j/78 1 REGION 06 * 0SHANU WEA R5407 h027 * AREA * PACE 7070 2 OF 3 TYPg OF VIOLATIONS! j CITATIOICBO: INSPECTION DATE: REPEAT 2 u/15/77 INSPECTION SITE: Hwy 69 N to: Tyler Pipe Industires, Inc. P. 0. Box 2027 Tyler, TX 75710 Tyler, TX THE LAW REQUIRES that a copy of this Citation be posted immediately in a promi nent place at or near the location of the violationls) cited below. The Citation must Attn: J. Warner, President remain posted until the violations cited be low have been corrected, or for 3 working days (excluding weekends and Federal holi days) whichever is longer. This citation describes violations of the Occupational Safety and Health Act of 1970. The penaltyUes) listed below are based on these violations. You must correct 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. {Sea the enclosed booklet which outlines your responsibilities and courses of action and should be read in conjunction with this form.) PENALTIES ARE 0UE WITHIN ID DAYS OF RECEIPT OF THIS NOTIFICA - UNLESS CONTESTED (See enclosed Booklet) This Section Be Detached Before Postm ITEM NUMBER STANOARO, REGULATION OR SECTION OF THE ACT VIOLATED; if necessary: DESCRIPTION DATE BY WHICH VIOLATION MUST BE CORRECTED PENALT' 29 CIll 1910.134(b)(6): Respirators were not stored in a conve nient, clean and sanitary location: 29 CITI 1910.134(b)(7): Respirators used routinely were not inspec ted during cleaning and worn or deteriorated parts replaced: 29 CFR 1910.134(b)(9): There were no regular inspections and evaluations to determine the continued effectiveness of the respirator program. 29 CFR 1910.134(b) (10): Persons were assigned to tasks requiring use of respirators and it had not been determined that they were physically able to perform thy work and use the equipment, and the respirator user's medical status was not reviewed periodically (for instance annually): Muller operator in the North plant who is overexposed to Quarts (silica). 1C. 29 CFR 1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to reduce employee exposure( s): Quartz (silica) for operators of the following machines or lines of machines in the North Plant: a. Hub core b. Core machine c. Muller STEP 1 - Effective respiratory protection shall be provided and used by employee{ s) as an interim protective measure. Immediately STEP 2 - A written detailed plan of abatement leading to the complete abatement of this item shall be submitted to the Area Director. Such a plan shall: a) employ the use of qualified engineer ing personnel; b) include detailed engineering 06/30/78 " AREA DIRECTOR R03ERT D. SIMMONS NOTICE TO EMPLOYEES -- The law gives an employee or his representative the opportunity to object to any abatement 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 ar the address shown above within 15 working days {excluding weekends and Federal holidays) of the receipt by ;he employer of this citation and penalty. EMPlJjgp DISCRIMINATION UNLAWFUL -- The law pro hibits ljscn[Hination 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 after the discrimination with the U.S. Department of Labor Area Office at the address shown above. EMPLOYER RESPONSIBILITIES AND COURSES OF ACTION -- The enclosed booklet outlines employer responsibilities and courses of act'on and shouid be read in conjunction with this notification. 0TAL PENi FOR THf: CITAT10: akecheckor \ Order Payabl** "POL OSH od>cate OSHf on RemitMi CITATION and NOTIFICATION OF PENALTY Tyler Area Office 208 Federal Building Tyler, TX 75702 ISSUANCE DATE 1 OSHANU rtBER 05/01/78 K5407r-027 * REGION 06 * AREA PAGE 7070 3 of 3 TYPE OFVIOLATIONfSK CITATION NO; INSPECTION DATE: REPEAT 10 " I 1 11/15/77 INSPECTION SITE: Hwy 09 N Tyler Pipe Industries, Inc. TO: P. 0. Box 2027 Tyler, TX 75710 Tyler, TX THE LAW REQUIRES that a copy of this Citation be posted immediately in a promi nent place at or near the location of the violation(s) cited below. The Citation must Attn: J. Warner, President remain posted until the violations cited be low have been corrected, or for 3 working days {excluding weekends and Federal holi days) whichever is longer. This citation describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed below are based on these violations. You must correct 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 responsibilities and courses of action and should be read in conjunction with this form.) ITEM NUMBER STANDARD. REGULATION OR SECTION OF THE ACT VIOLATED; DESCRIPTION DATE BY WHICH VIOLATION MUST BE CORRECTED PENALTIES ARE DUE WITHIN 15 DAYS OF RECEIPT OF THIS N0TIFIC ATI UNLESS CONTESTED (See enclosed Booklet) This Section f Be Detached Before Postin' studies and their results; c) outline the ordering of equipment and materials and com pletion of the design phase; and d) outline dates for the anticipated implementation of the plan. STEP 3 - Feasible engineering controls and/or admini strative controls shall be determined. 08/30/78 STEP 4 - Abatement shall be completed by implementation of feasible engineering and/or administrative controls and itsj effectiveness at achieving compliance verified. 90-day progress-letters are requested during the abatement period. J O 05/01/79 1 AREA DIRECTOR /Ps ROBERT B. SIMMONS / NOTICE TO EMPLOYEES -- The law gives an employee or his EMPL^ER DISCRIMINATION UNLAWFUL - The law pro- representative the opportunity to object to any abatement date hibits^oTscrifjiination by an employer against an employee for set for a violation tf he believes the date to be unreasonable. filing a^mplaint or for exercising any rights under this Act. The contest must oe mailed to the U.S. Department of Labor An employee who believes that he has been discriminated Area Office at the address shown above within 15 working days against may file a complaint no later than 30 days after the (excluding weekends and Federal holidays) of the receipt by discrimination with the U.S. Department of Labor Area Office the employer of this citation and penalty. at the address shown above. EMPLOYER RESPONSIBILITIES AND COURSES OF ACTION -- The enclosed booklet outlines employer responsibilities and courses or action and should be read m conjunction with this notification 12*000,. TOTAL PENA FOR THI< CITATIOA tfakecheckor M Order Pavobl* "POL OSH Indico.e OSHon Remi 1 ton CITATION AND NOTIFICATION OF PFNAI.TY