Document qjNxkjbYoN75KKREyn0raxeq

(conoco) SAFETY DIVISION PROCEDURES OSHA INSPECTION GUIDELINES PAGE: 1 of 13 ISSUE NO: 1 DATE: April 1, 1981 APPROVED BY: Manager of Safety A. PURPOSE To provide guidance for.Conoco management and supervisors in case of an OSHA inspection at Conoco facilities. B. PROCEDURES Following is a Table of Contents for the attached procedure: I. II. III. IV. V. VI. VII. When the OSHA Inspector Arrives Presentation of a Warrant Opening Conference Conduct of the Inspection Trade Secrets Closing Conference Following the Inspection Pacre 2 7 8 9 11 12 12 ATTACHMENTS APPENDIX A APPENDIX B APPENDIX C APPENDIX D Corporate OSHA Inspection Form Form Letters to Area Director of OSHA Sample OSHA Inspector Credentials Sample OSHA Inspection Forms yEU-J4S3i7 Page 2 of 13 April 10, 1981 OSHA INSPECTION GUIDELINES These procedures should be used in connection with all OSHA inspections at Conoco facilities. There should be established at each facility an OSHA Inspections Coordinator (OIC) and an alternate, both of whom are fully aware of company policy regarding OSHA inspections as well as plant safety. The OIC and alternate should be technically compe tent and knowledgeable about the product and/or processes at that particular facility and trained in the monitoring of substances to which employees may be exposed. The OIC and alternate should be instructed as to the procedures to be followed when an OSHA inspector, known as a Compliance, Safety and Health Officer (CSHO), arrives. They should have a general working knowledge of OSHA rules and regulations and should be thoroughly familiar with these OSHA Inspection Guidelines. The Guidelines should be kept in a readily available location at all times and reviewed prior to and during an inspection. The following procedures are to be exercised whenever an OSHA inspection is initiated; I. WHEN THE OSHA INSPECTOR ARRIVES A. In the event any employee receives advance notice of an OSHA inspection, or at a time other than during regular working hours, such notice should be brought to the atten tion of the Department Safety Director, the Corporate Safety Division, and the Legal Department immediately. (Advance notice of inspections is forbidden under OSHA regulations except under specifically stated circumstances.) When a CSHO presents himself at the official entrance to a facility, he (and any persons accompanying him) should be requested to sign a visitor's register, plant pass or any other book or form routinely used to control the entry and movement of persons upon its premises. The plant manager should be notified immediately. The OIC or his alternate should then be immediately notified of the CSHO's presence at the facility. B. Immediately upon hearing of the arrival of the CSHO, the OIC should take out the Corporate OSHA Inspection Guidelines and the Corporate OSHA Inspection Forms. The Guidelines and the Forms should NOT be shown to the CSHO under any circumstances. (They need not be hidden. They simply should not be made available for inspection or review.) JEV-145318 Page 3 of 13 April 10, 1981 C. The CSHO should be escorted by an "appropriate route" to the office of the already-notified OIC or alternate. An "appropriate route" means one revealing as little of the facility as possible: the CSHO should be taken outside work areas and through the entrance closest to the IOC's office or the area to be inspected. The CSHO should be exposed to as little as possible of the company facilities because he may inspect and cite the company for violations within plain view without the necessity of getting a search warrant. D. The OIC should examine the written identification and credentials of the CSHO and a written record should be made of his name, title and, if possible, the name of his superior. The OIC has the responsibility for requesting CSHO credentials (see Appendix C - Sample OSHA Inspector Credentials). The OIC shall request identification of any expert assistants accompanying a CSHO and, if they are not OSHA employees, a resume should be requested. The Legal Department should then be consulted to determine if any objection to their presence should be made of record. E. If there is more than one CSHO, more than one OIC may be needed to accompany the CSHOs at all times. It is important that the CSHO be treated courteously and in a business-like manner at all times. F. The OIC should determine the reason why the facility has been chosen for an inspection. The CSHO is required to explain the nature and purpose of the inspection under OSHA regulation 29 C.F.R. 1903.7(a). If he refuses to disclose why he wishes to inspect the facility, a search warrant should be requested by following the procedure set out in Part I, paragraphs L, M, and N, below, and the Legal Department should be notified. Although CSHOs may inspect any factory, plant, establishment, or area where employees perform work, inspections are generally for one of the following reasons: 1. complaint. An inspection resulting from an employee The nature of the complaint should be speci fically identified. Section 8(f)(1) of the Act requires that a copy of the complaint be given to the employer, but the complainant is entitled to have his name withheld. If the CSHO refuses to give you a copy of the complaint, or if the com plaint relates to a part of the facilities where Page 4 of 13 April 10, 1981 more than one employer is present, request a search warrant by following the procedure set out in Fart I, paragraphs L, M, and N, below. 2. An inspection following a workplace fatality or accident causing the hospitalization of five or more employees. The employer is required to report these incidents to OSHA within 48 hours after their occurrence and an inspection will be certain to follow. The nature and location of the incident giving rise to the inspection should be specifically identified. cited. 3. A follow-up inspection of an item previously Such an inspection can be expected if the citation was for a serious, willful, or repeated violation or if an abatement plan has been agreed to by the company as the result of an earlier inspection. The previous citation and the item should be specifically identified by the CSHO. 4. A regional programmed or industry group classi fication inspection based upon injury and illness rates. 5. An investigation following a notification of significant release affecting the environment. G. A multi-employer worksite poses special problems. An employer may be held liable for an OSHA violation on its premises even if it does not control or has not created the hazard. Hence, the OIC should treat an inspection of a multi-employer worksite in the same manner as an inspection directed solely at its company, and proceed in accordance with the Guidelines. Any contractors on Conoco premises should notify the OIC of any inspection of contractors' equipment or work area. H. The Legal Department should be notified immedi ately of any citations received if there is any pending OSHA litigation in which the company is presently involved or if the CSHO seeks to conduct an inspection outside of regular working hours. Telephone one of the following persons in the order listed below: yEV-l45320 Michele Malloy Home Thomas D. Montgomery ETN (713) (713) ETN (713) Page 5 of 13 April 10, 1981 672-1101 965-1101 664-3517 672-1088 965-1088 I. If the purpose of the inspection is either (a) an inspection resulting from a specific employee complaint, (b) an inspection resulting from a report of a workplace fatality or accident causing the hospitalization of five or more employees, (c) a regional programmed inspection of the facility, (d) an inspection of an item previously cited which is not being contested in a pending case or (e) notifi cation of significant release affecting the environment, the CSHO should be permitted to commence his investigation. Although you have a right to insist on a search warrant for these types of inspections, generally as a matter of policy you should cooperate and not request a warrant. Except in the case of (c), the inspection should be limited to the particular machine, equipment, or condition which is the subject of the complaint, accident, or prior citation. J. Except in the case of I.(c), if it is determined according to paragraph I above that the inspection may proceed without a search warrant, the following written statement of limited consent should be mailed to the Area Director of OSHA during the first day of the inspection and a copy hand-delivered to the CSHO, prior to commencement of the inspection, (letter #1 of Appendix B): A Compliance Safety and Health Officer under your supervision has requested to inspect (specific area(s) referred to in the employee complaint, accident report or area(s) previously cited) of (Plant) ] ("Conoco") on (date). Conoco has complied with the request. The inspec tion, however, is with the consent of Conoco only as to the area(s) specified herein. Should the scope of the inspection exceed the area(s) speci fied herein, Conoco hereby reserves any and all of its rights to challenge the validity of the in spection, to seek the suppression and exclusion of any and all evidence obtained directly or indirectly as a result of the inspection, and to seek the dismissal of any citations issued as a result of the inspection on the grounds that the inspection VEV-145321 Page 6 of 13 April 10, 1981 violates the rights of Conoco under the United States Constitution and the Occupational Safety and Health Act of 1970. The following statement should be orally read to the CSHO prior to commencement of the inspection: Conoco has complied with your request to inspect (specific area(s) referred to in the employee complaint, accident report or area(s) previously cited). Should the scope of the inspection exceed the area(s) specified, Conoco reserves its rights to challenge the validity of the inspection and to seek dismissal of any citations issued as a result of the inspection. K. If, after being admitted for the purpose of making a limited inspection, the CSHO attempts to broaden the scope of his inspection, he should be asked to leave the work area and be escorted back to the OIC's office. Do not forcibly stop the CSHO from inspecting any area since such action may result in criminal liability, but tell the CSHO the following: In my opinion you are attempting to broaden the scope of this inspection. That violates the original conditions of this inspection and I am terminating this inspection in order to seek legal counsel. L. If the purpose of the inspection is either (a) an inspection pursuant to a general employee complaint that does not allege specific violations or (b) an inspection of an item previously cited which is being contested in a pending case, the CSHO should be required to get a warrant. The following statement should be orally read to the CSHO: It is the continuing policy of Conoco to offer its complete cooperation to any governmental agency seeking to lawfully enforce federal, state or local laws or regulations. On the other hand, it Is equally important to Conoco that such laws and regulations and the enforcement thereof be within the safeguards of the United States Consti tution. We have been advised by our legal counsel that the United States Supreme Court has held in Marshall v. Barlow's, Inc., 436 U.S. 307 (1978), that inspections of a company's facilities, without Page 7 of 13 April 10, 1981 the employer's consent, are unconstitutional in the absence of a valid search warrant. In view of the Barlow1s decision and in view of Conoco's desire not to waive its Fourth Amendment rights under the United States Constitution, we are refusing to admit you to our plant. M. If admission of the CSHO has been refused pursuant to paragraph L above, telephone the Area Director of OSHA, whose telephone number can be obtained from the CSHO, and explain that as a courtesy you are calling him to explain the company's position. Thereafter, read the OSHA Area Director the same statement read to the CSHO (See Part I, paragraph K) and mail the Area Director a letter setting forth the same statement (letter #2 of Appendix B). N. After admission of the CSHO has been refused, the employee representative(s) should also be immediately advised of the company's position. O. Notify the Legal Department of actions taken. II. PRESENTATION OF A WARRANT A. If the CSHO presents a search warrant, ask to see the warrant. Read the search warrant carefully, especially noting the specific machine, equipment, or condition to be inspected. Copy the contents of the search warrant. B. Immediately call the Legal Department and the Department Safety Director (Part I, paragraph H). Again, the CSHO should be advised you are calling your lawyer. C. The following written statement of protest should be mailed to the Area Director of OSHA during the first day of the inspection and a copy hand-de1ivered to the CSHO, prior to commencement of the inspection (letter #3 of Appendix B): A Compliance Safety and Health Officer under your supervision presented a search warrant and requested to inspect Conoco premises on (date). Conoco has complied with the request. The inspec tion, however, is totally without the consent of Conoco and it is permitting the Compliance Safety and Health Officer to enter its premises under a general protest. [A specific protest may be made at this point depending upon the particular facts VEV-145323 Page 8 of 13 April 10, 1981 involved in any given inspection. Such optional language, which should be inserted only with the advice of legal counsel, begins as follows: "Without in any way limiting the foregoing general protest, Conoco specifically protests . . Conoco hereby reserves any and all of its rights to challenge the validity of the inspection, to seek the suppression and exclusion of any and all evidence obtained directly or indirectly as a result of the inspection, and to seek the dismissal of any citations issued as a result of the inspec tion on the grounds that the inspection violates its rights under the United States Constitution and the Occupational Safety and Health Act of 1970. The following statement should be orally read to the CSHO prior to commencement of the inspection: Although Conoco has complied with your request to inspect its premises, the inspection is totally without its consent. Conoco is permitting you to enter its premises under a general protest, and it reserves its rights to challenge the validity of the inspection and to seek dismissal of any cita tions issued as a result of the inspection. D. Allow the CSHO to enter. Refusal of entry may result in criminal liability or a contempt of court charge. III. OPENING CONFERENCE A. During the opening conference the CSHO may request to examine records that the company is required to keep under the Act, such as OSHA Form 200 (Inquiry and Illness Records), vinyl chloride monitoring, welding equipment inspections, etc. No other records should be provided on request or volunteered without first securing Legal Department approval. CSHOs may not examine personally identifiable employee medical information, except for the sole purpose of verifying employer compliance with OSHA medical record-keeping requirements, without first obtaining a written access order approved by the Assistant Secretary of Labor or specific written consent of the employee. 29 C.F.R. 1913.20. B. OSHA has previously supplied the company with notices informing employees of their protections under the Act, and the CSHO may check to see that such notices are Page 9 of 13 April 10, 1981 posted in conspicuous places where employee notices are usually posted. Since the notice informs employees that they may contact their employer for copies of the Act, regulations and specific safety and health standards, the OIC should have a copy of the Act, regulations and standards readily available. C. The following statement should be orally read to the CSHO during the opening conference: Conoco has a number of highly confidential products and processes. We will attempt to iden tify these as the inspection proceeds and once identified, we expect OSHA to treat them confiden tiality pursuant to OSHA rules and regulations. In the event we overlook a confidential product or process during the inspection, Conoco reserves the right to bring these to OSHA's attention at a later date with the expectation that OSHA will treat them with confidentiality. D. The OIC shall take the necessary steps to be sure that the CSHO complies with all company safety and health rules and practices at the facility and that he correctly wears and uses the appropriate protective clothing and equipment. E. The OIC should request that the CSHO resolve any issues as to how the inspection is to be conducted prior to starting the inspection. IV. CONDUCT OF THE INSPECTION A. The OIC should bring along the following items on the inspection tour: 1. OSHA Inspection Guidelines. 2. Corporate OSHA Inspection Form to be filled out for the Legal Department (Appendix A). 3. Note pad. (Do NOT show any notes written prior to, during, or after the inspection to the CSHO under any circumstances. They need not be hidden. They simply should not be made available for inspection or review.) 4. Pre-selected camera and flash equipment. The camera should take good quality photographs and be readily available at all times. Since ordinary flash equipment cannot be used safely in certain flammable atmospheres, the VEV-145325 Page 10 of 13 April 10, 1981 type of flash equipment must be carefully considered. B. Allow the CSHO to conduct his inspection of the equipment or condition specifically mentioned in the search warrant, employee complaint, accident report, or prior cita tion. Section 8(e) of the Act gives walkaround rights, that is, the right to accompany the CSHO during the inspection, to both a management representative and an employee representative. The management representative should be an OIC or alternate and should accompany the CSHO on the inspection tour. If there are more than two CSHOs, additional manage ment representatives should be considered. Separation of the CSHOs should not be permitted. C. The OIC should take detailed written notes of all remarks and questions asked by the CSHO. Describe the "appropriate route" the CSHO takes through the plant in these notes (See Part I, paragraph B). The OIC SHALL NOT: - answer questions posed by the CSHO or expert assistants requiring more than a short response; or - provide access to management for CSHOs or expert assistantsT interview purposes; or - volunteer information. D. The OIC should photograph every condition photo graphed by the CSHO. The CSHO should contact the Legal Department if the CSHO attempts to take pictures of pro prietary processes or equipment. Note the type of camera, flash equipment and any special attachments used by the CSHO. At the conclusion of the inspection, request copies of all photographs taken by the CSHO. E. The OIC should measure, sample and observe whatever conditions the CSHO measures, samples and observes. Any variances between the monitoring results reached by the OIC during concurrent monitoring and those recorded by the CSHO should be immediately brought to the CSHO's attention and described in written notes provided, of course, the results of the OICs are more favorable to the company. Also, de scribe in detailed written notes the type of monitoring equipment and the monitoring procedure used by the CSHO. VEU-145326 Page 11 of 13 April 10, 1981 F. If a CSHO seeks to attach a monitoring or sampling device to an employee, the OIC should ask the CSHO to stop his inspection so that the OIC can call his lawyer. The Legal Department should be notified immediately to evaluate whether the personal monitoring can be refused. Plum Creek Lumber Co. v. Hutton, 608 F.2d 1283 (9th Cir. 1979). G. The CSHO has the right to confer privately with employees under Section 8(a)(2) of the Act, so long as that right is exercised in a reasonable manner. Although the OIC does not have an absolute right to be present during a conversation between the OIC and an employee, he should request to be present. The names of any employees who had private conversations with the OIC should be recorded. If the CSHO would like to talk privately with an individual employee who cannot reasonably be allowed to leave his work station at that time, the CSHO should be informed of this and told that the employee will be made available as soon as possible. NOTE: It is a violation of the law to retaliate against any employee who cooperates with an CSHO. H. The OIC should not volunteer information or docu ments, or offer additional areas for inspection. Statements made by the OIC could be used as admissions against the company in a subsequent OSHA hearing. The company has the right to have a lawyer present during extensive questioning. V. TRADE SECRETS A. Section 15 of the Act requires OSHA to treat any trade secret in confidence. The OIC should know in advance any areas which contain or might reveal a trade secret. Any information obtained by the CSHO in such areas, including all photographs and samples, should be labeled "confidential - trade secret". 29 C.F.R. 1903.9. B. If the CSHO requests to inspect any areas which contain or might reveal a trade secret, the following written statement should be mailed to the OSHA Area Director during the first day of the inspection. (See letter #4 of Appendix B). A copy of the statement should be hand-delivered and orally read to the CSHO prior to inspecting any areas which contain or might reveal a trade secret: A Compliance Safety and Health Officer under your supervision has requested to inspect (specific areas which contain or might reveal a trade secret) of Conoco on (date). Since the described areas contain or might reveal a trade secret, we are VEM-145327 Page 12 of 13 April 10, 1981 requesting that any information obtained by the Compliance Safety and Health Officer in such areas, including all photographs and samples, be labeled "confidential - trade secret", and we trust that OSHA will treat them confidentially pursuant to OSHA rules and regulations. In the event we have overlooked a confidential product or process during the present inspection, Conoco reserves the right to bring these to OSHA's atten tion at a later date with the expectation that OSHA will treat them with confidentiality. VI. CLOSING CONFERENCE A. The primary purpose of the OIC in the closing conference shall be to LISTEN; however, the CSHO should be questioned as to all areas of possible and probable viola tions. If the CSHO indicates that a citation will be issued, he should be questioned specifically as to what constitutes abatement, as an alleged violation cannot be established unless OSHA proves not only what constitutes abatement, but both the feasibility and likely utility thereof. This should give the OIC a good reading as to those items that a citation will contain. Also, it will enable the company to take evidence and begin preparing our case while the evi dence is still "fresh". Often, citations are not received for days or even weeks. B. A request should be made for copies of all photo graphs taken by the CSHO during the inspection as well as all samples and results. C. Immediately following the conference, the informa tion received in the closing conference should be relayed to the Legal Department. (Part I, paragraph H). VII. FOLLOWING THE INSPECTION A. The OIC should complete the Corporate OSHA Inspec tion Form (Appendix A). The Corporate OSHA Inspection Form and any notes taken during the inspection should be mailed promptly to: Michele Malloy Conoco Legal Department Suite 1630 P. 0. Box 2197 Houston, Texas 77001 VEV-U5328 Page 13 of 13 April 10, 1981 One copy of the Corporate OSHA Inspection Form and any notes taken during the inspection should be kept confidentially until notified of receipt of the originals by the Corporate Legal Department or Corporate Legal Counsel. Such copy should then be destroyed. Under no circumstances should the Corporate OSHA Inspection Form or any notes be shown or given to the CSHO. B. All applicable letters to the OSHA Area Director (Appendix B) should be mailed during the first day of the inspection in accordance with the following provisions of the Corporate OSHA Inspection Guidelines: Limited consent to inspection Insistence on a warrant Inspection under protest Trade secrets Part Part Part Part I, paragraph J I, paragraph L II, paragraph C III, paragraph C One copy of each letter mailed to the Area Director of OSHA should be mailed simultaneously to the attorney designated above. 421a YEV-145329 APPENDIX A CORPORATE OSHA INSPECTION FORM Page 1 of 10 April 1# 1981 In anticipation that this inspection could lead to legal proceedings, you are to fill out this form during every OSHA inspection to assist our company lawyers in protecting the company's rights during any hearings, trials, or other legal proceedings which might arise as a result of this inspection. For further explanation, see the applicable provisions of the Corporate OSHA Inspection Guidelines set out in parentheses. Please attach additional pages when needed to complete any guestion(s) and copies of the requested documents. 1. OSHA Inspection Coordinator (OIC): Name 2. Date of Inspection: 3. Identity of OSHA Inspector (CSHO): ________________ Name Title 4. OSHA Area Director: Name Telephone No. Address 5. Answer one of the following: A. Did OSHA receive an employee complaint? (Part I, F.l) If so, describe the nature of the complaint, the machine, equipment or condition it specifically relates to, and the type of problem it involves: Attach a copy of the complaint to this form. YEU-145330 Page 2 of 10 April 1, 1981 B. Has there been a workplace fatality? (Part I, F.2) ____ If so, describe the nature and location of the incident which resulted in the fatality:_____________________ Attach a copy of the report supplied to OSHA within 48 hours of the incident. C. Has there been an accident which resulted in the hos pitalization of five or more employees? (Part I, F.2) If so, describe the nature and location of the accident and the resulting injuries: __ Attach a copy of the report supplied to OSHA within 48 hours of the accident. D. Is this a follow-up inspection of an item previously cited? (Part I, F.3) If so, identify the previous citation, proposed penalty and abatement plan, if any: Attach a copy of the previous citation and the CSHO's worksheets relating to the citation, if available. E. Is this a regional programmed inspection? (Part I, F.4) ygy-145331 Page 3 of 10 April 1, 1981 If so, describe the inspection program and the criteria used to select this particular facility for inspection: F. Is this an inspection following a notification of significant release? (Part I, F.5) Is this an inspection of a multi-employer worksite? (Part I, G) If the contractors were involved in any way in the in spection, list the names of all other employers and the number of workers employed by each employer who were present on the worksite, with a brief description of the nature of the work being performed: Is there any pending OSHA litigation in which the company is presently involved? (Part I, H) Did the CSHO seek to conduct the inspection outside of regular working hours? (Part I, H) _____________________ If so, state time of requested inspection and regular working hours: If so, was the Legal Department notified? ___________________ Name of Lawyer notified ________________________________________________ Time and date of notification _______________________________________ If no search warrant was presented, did you consent to a limited inspection? (Part I, J) A. If so, did you read an oral statement of limited consent to the OSHA inspector? (Part I, J) _________ ijEV-145332 Page 4 of 10 April 1, 1981 B. Describe the specific machine, equipment or con dition you permitted the CSHO to inspect in your oral statement of limited consent: C. If so, did you hand-deliver a copy of a letter of limited consent addressed to the OSHA Area Director to the CSHO? (Letter #1 of Appendix B) Time and date letter was delivered Attach a copy of the letter of limited consent which was mailed to the OSHA Area Director during the first day of the inspection. D. Did the CSHO attempt to broaden the scope of the inspec tion after being admitted for the purpose of making a limited inspection? (Part I, K) If so, describe the machines, equipment or conditions which you refused to allow the CSHO to inspect and the reason(s) given for such refusal: If so, did you contact the Legal Department before objecting to the inspection? Name of Lawyer notified Time and date of notification 10. If no search warrant was presented, did you refuse the CSHO entry? (Part I, L) A. If so, did you read an oral statement to the CSHO explaining the company's position? (Part I, L) ___ Time and date oral statement read _________ VEV-i45333 Page 5 of 10 April 1, 1981 B. If so, did you telephone the OSHA Area Director and explain the company*s position? (Part I, M) Time and date of notification Attach a copy of the letter explaining the company* s position which was mailed to the OSHA Area Director (Letter #2 of Appendix B). C. If so, did you advise employee representative(s) of the company's position? (Part I, N) Name of employee representative(s) notified Time and date of notification ________________________________ Did the CSHO present a search warrant upon arrival? (Part II) A. If so, describe the contents of the search warrant and the specific machine, equipment, or condition to be inspected: Attach a copy of the search warrant if it was given to you. B. If so, was the Legal Department notified? (Part II, B) _______________________________________________________' Name of Lawyer notified Time and date of notification C. If so, did you read an oral statement of protest to the CSHO? (Part II, C) Time and date oral statement read D. If possible, did you hand-deliver a copy of a letter of protest addressed to the OSHA Area Director to the CSHO (Letter #3 of Appendix B)? VEV-145334 Page 6 of 10 April 1, 1981 Time and date letter was delivered Attach a copy of the letter of protest which was mailed to the OSHA Area Director during the first day of the inspection. E. If so, did you permit the CSHO to enter? 12. List any records, documents or notices reviewed by the CSHO (Part III, A and B): 13. Describe in detail any remarks made during the opening conference, including any oral statements made to the CSHO regarding confidential products and processes (Part III): 14. State the names and titles of management representatives who accompanied the CSHO during the inspection tour (Part IV, B): VEU-145335 Page 7 of 10 April 1, 1981 15. State the names and titles of employee representatives who accompanied the CSHO during the inspection tour (Part IV, B): ____________________________________ 16. In the case of a limited inspection, describe the route taken by the OSHA inspector during the inspection tour (Part IV, C): ______________________ 17. Describe in detail any particularly significant remarks made during the inspection by the CSHO or any employees and identify the speaker (Part IV, C): 18. Identify any photographs taken by the CSHO, including location, time of day, date, and the names of any employees in the photograph (Part IV, D): A. Describe the type of camera, flash equipment and any special attachments used by the CSHO: MEV-145336 Page 8 of 10 April 1, 1981 B. Did you request copies of the photographs taken by the CSHO? 19. Identify any photographs taken by a management repre sentative , including photographer, location, time of day, date, and the names of any employees in the photo graph (Part IV, D): A. Describe the type of camera, flash equipment and any special attachments used by a management repre sentative : 20. Describe any monitoring conducted by the CSHO, including the equipment used, monitoring procedure, time of day, date, and the results of such monitoring, if known (Part IV, E): 21. Describe any monitoring conducted by a management representative, including the equipment used, moni toring procedure, time of day, date, results and any variances between results of monitoring conducted by the CSHO and management. Indicate which monitoring, if any, was conducted concurrently with the CSHO's monitoring (Part IV, E): VEV-l45337 Page 9 of 10 April 1, 1981 22. Did any CSHO representative seek to attach a monitoring or sampling device to an employee? (Part IV, F) ____ If so, was the Legal Department notified? _____________ Name of Lawyer notified _________________________________________ Time and date of notification _ 23. List the names of any employees interviewed by the CSHO and state whether a management representative was present during the interview. If a management representative was present, state his/her name and a summary of the interview (Part IV, G): 24. Describe any area(s) identified as containing or possibly revealing a trade secret (Part V): A. Did you read an oral statement identifying such area(s) to the CSHO? (Part V, B) Time and date oral statement read B. Did you hand-deliver a copy of a letter identifying trade secrets addressed to the OSHA Area Director to the CSHO (Letter #4 of Appendix B)? VEV-145338 ,v.* . Page 10 of 10 April 1, 1981 Time and date oral statement read Attach a copy of the letter identifying trade secrets which was mailed to the OSHA Area Director during the first day of the inspection. C. List any materials, such as photographs and samples, which were labeled "confidential-trade secret" (Part V, A): ____________ 25. If the closing conference was held at the end of the inspection, attach a detailed description of any remarks made during the closing conference and identify the speaker. If the conference is held at a later date, forward the closing conference summary to the Legal Department as soon as it is concluded (Part VI). 26. This form, additional pages needed to complete this form, copies of requested documents, and any notes taken during the inspection should be mailed to: Michele Malloy Conoco Legal Department P. 0. Box 2197 Suite 1630 Houston, Texas 77001 One copy should be kept confidential until notified of receipt of the originals by the Legal Department. Any subsequent distribution will be solely handled by the attorney designated above. 442b VEV-145339 Page 1 of 5 April 1, 1981 APPENDIX B LETTERS TO BE MAILED TO THE OSHA AREA DIRECTOR Letter #1 Letter #2 Letter #3 Letter #4 - Limited Consent to Inspection - Insistence on a Warrant - Inspection Under Protest Trade Secrets UEV-145340 LETTER #1 Page 2 of 5 April 1, 1981 Area Director Occupational Safety and Health Administration U. S. Department of Labor Dear A Compliance Safety and Health Officer under your super vision has requested to inspect (specific area(s) referred to in the employee complaint, accident report or area(s) previously cited) (plant) ("Conoco") on (date) Conoco has complied with the request. The inspection, however, is with the consent of Conoco only as to the area(s) specified herein. Should the scope of the inspec tion exceed the area(s) specified herein, Conoco hereby reserves any and all of its rights to challenge the validity of the inspection, to seek the supression and exclusion of any and all evidence obtained directly or indirectly as a result of the inspection, and to seek dismissal of any citations issued as a result of the inspection, on the grounds that the inspection violates the rights of Conoco under the United States Constitution and the Occupational Safety and Health Act of 1970. A copy of this letter was hand-delivered to the Com pliance Officer before he began the inspection. Very truly yours. Vev-14534, Letter #2 Page 3 of 5 April 1, 1981 Area Director Occupational Safety and Health Administration U. S. Department of Labor Dear The following statement was read today to a Compliance Safety and Health Officer under your supervision: It is the continuing policy of the (plant) ("Conoco") to offer its complete cooperation to any governmental agency seeking to lawfully enforce fed eral, state or local laws or regulations. On the other hand, it is equally important to Conoco that such laws and regulations and the enforcement thereof be within the safeguards of the United States Constitution. We have been advised by our legal counsel that the United States Supreme Court has held in Marshall v. Barlow's, Inc., 436 U.S. 307 (1978), that inspections of a com- pany's facilities, without the employer's consent, are unconstitutional in the absence of a valid search warrant. In view of the Barlow's decision and in view of Conoco's desire not to waive its Fourth Amendment rights under the United States Constitution, we are refusing to admit you to our plant. Very truly yours, VEV-145342 Letter #3 Page 4 of 5 April 1, 1981 Area Director Occupational Safety and Health Administration U.S. Department of Labor Dear A Compliance Safety and Health Officer under your supervision presented a search warrant and requested to inspect (plant) ("Conoco") premises on (date) Conoco has complied with the request. The inspection, however, is totally without the consent of Conoco and it is permitting the Compliance Safety and Health Officer to enter its premises under a general protest. [A specific protest may be made at this point depending upon the parti cular facts involved in any given inspection. Such optional language, which should be inserted only with the advise of legal counsel, begins as follows: "Without in any way limiting the foregoing general protest, Conoco specifically protests...".] Conoco hereby reserves any and all of its rights to challenge the validity of the inspection, to seek the suppression and exclusion of any and all evidence obtained directly or indirectly as a result of the inspection, and to seek the dismissal of any citations issued as a result of the inspection on the grounds that the inspection violates its rights under the United States Constitution and the Occupational Safety and Health Act of 1970. A copy of this letter was hand-delivered to the Compli ance Officer before he began the inspection. Very truly yours. OEM-145343 Letter #4 Page 5 of 5 April 1, 1981 Area Director Occupational Safety and Health Administration U.S. Department of Labor Dear A Compliance Safety and Health Officer under your supervision has requested to inspect (specific areas which contain or might reveal a trade secret) of ______(plant) (^Conoco") on (date) I Since the described areas contain or might reveal a trade secret, we are requesting that any information obtained by the Compliance Safety and Health Officer in such areas, including all photographs and samples, be labeled "confidential - trade secret," and we trust that OSHA will treat them confidentially pursuant to OSHA rules and regulations. In the event we have over looked a confidential product or process during the present inspection, Conoco reserves the right to bring these to OSHA's attention at a later date with the expectation that OSHA will treat them with confidentiality. A copy of this letter was hand-delivered to the Compliance Officer before he began inspecting areas which contain or might reveal a trade secret. Very truly yours. VEV-i45344 APPENDIX C Sample OSHA Inspector Credentials Page 1 Of 1 April 1, 1981 This b to LESLIE g vftox sign* q vbeimhas * compl United Sta ivv* autuhioriised IX domutiktsi of Jeparfmenf of ^Cabor ^aftt|ingtoti, JB. 0. 145345 APPENDIX D Occupational Safety and Health Administration Complaint U. Department of Later nabMiamMMar Mr4 tmim iiiwM'mm mfmmt iiw*4 Page 1 of 3 April 1, 1981 form AOC Sac eifi (i) f Me Wt'MmaSiatoar Oeeuwnona* Solely am Han Aci.jau.S C ett. prbtmn at toiiem Any onoiorOMor rinwtiw o ampie/oM aw balona that Mum s' a stay or haann atanderp >ii tK* tMeeteiHunyiieoi harm or ihai an nwmmm Oeroor aai. may rwyow an mpactton by *wr^ twtoe w Mo Secretary or tin outhoruM raiji--niairva ol wan voletn r aonpoi Any wen not** Men Ba radveaO to writtna. Mart an term wnh rwotnoO* BOMcwterrty Iha t>ovm Ipr iha nonca. and (hall ba Mial by Mo ambfi O' rwreamafv* o* mployal. are a copy WH ba ore. BaO notnt ampictu or atom no low Hen at tha tana o' ii'B>atnon.aaeaw that. upon 'aouaat ol tna oerwn mnp wen notce. ho rone and Me namat * <e>memOuai armlayeea relorred to Hiaram atoll net waaa> m waft cam or an any record oufciiMaa. raWBMd.o' modetwiabO pwrwenl te Matna a* 1*10 anton. upon ibbbiui o* wen netrfmtion tna Sacmary eatanwtai More art iwinnaaii pourO* >0 bai<wa ihat wen noonon O' dinpr amtali, na Van mu a waeol mepaeiion at accordance miM Mo provoone -* -na action at wen m pwcnobie. te eeio mma a wen oMOtmnarmnpM won it tna Swrawy aatairwnaa tnea are no itaaonaow srpundi to pel** mot a notation or Banf wort na Man nonty na amoioyaa* or raaraaantatna o' ma enaOovoet <r> *rityteo' wen deteimtnption NOTI. Saeton it lelo*tna Aat praiiQaaepicitorowenonfor eimaii -- aoerconotnorrtiphii,mctudinpmahme wtatvamhwimewnMaMu V O Immim Aaorwentatn*el Eamayaaa Oamtm*0rl - - - below* Maiinolanon at Ma gnoiiQ Mac* * employ mam ol an oceMPedoneHa'MY or n--wn wenderdamewMmt oeoOeelBty or nbbim n--rd fmpiovar't Mam Smpiavo* W W aaW tOtfl mmmt Telephone 1. KMafMMb l SpocHy Mo particuOr buPdiiQ or taarbwo t'tai Mo aimed nab'ian la weed, WOudm 1 Sandy Mo none pm mono anQB of aweloytr*^ana4a> a* Marpa e PwtriQa trolly tna man* * wot* MwaMCWPm na appro.aneaa wrmar a* affoieyaoi wpooad to or Mraaaanop by waft nwaiQ biK^Tj lfcar Otaob* tf77T AMTIMJU i MVIMI UW MEU-145346 U-t DEPARTMENT OP LAKIft OOCUMTMNAL EAPETT AND HEALTH AOIMMTIUTION NARRATIVE ATyaeOf ImbIBmI!* S-TvaaOf l . MMU AMD AODMEIUS Of ALL OAOANIZEO EMPLOYEE ONOUPE Nmm Lead Me Mama L*ca> Me. Tala. Me. SfCM Te*. Ma, ZCMa r AUTHORIZED REPRESENTATIVES OP EMPLOYEES Harm TeN Me. OoMmM Title HemeAASram Htm9 Otwalwilea Mama `--w ZCm Tam. Me TUN ZCMa l EMPLOYE* RtPAEttN TATIVU CONTACTED: Mama 1{a ' |C-- T<tla 10. COVEAAOE INFORMATION I'kamaiii fuaatiea w A . OTMCA PERSONS CONTACTED D Neam. OwaM A AHtMlan V D Hama AARam Y Y Mai. OmyaeiiBn AWiHaliu* V 1 Mama, QeauRMtaa A AtfMaMea HwaMilll Ml (31 Page 2 of 3 April 1, 1981 w A V o N V o N Tam. Ma. Zip Casa Tam. Me. lOCtN Tam. Me. AtCMa It FOLLOWUP INSPECTION AECOMMENDEO: V** O Me Q WmH: IT. CSMO t*en* A Dm C. caemeema< ><: VEV-145347 NmOIM-U 1. CSHONe S. Im No. 11a. SAVCiDOMa 2. W-- il No OCCUPATIONAL UITT MO MMTM AOaMMISTMATION US. MMITMirr Of U*OA WORKSHEET 1 Oatt/Tm A* TVM AS. HAM a imm 7. SaaMorO.............. . VaMM 1 t. Mmmm NnM TasofM. Mb. k AVP/Vl Ml Wnwnw Page 3 of 3 April 1, 1981 PMt O' i I.N.HMI. 10. NSC 12 INSTANCE DESCRIPTION la Hawrdi-OdMJGoM.-***;. b. Cowd.t LMM;lN4 1****/IN.) Com a Cam* IS ImptCM'l a. TM OmMm a. Friminwi o. EwiNCa*iam-*OM.M*Mtlfkai IS. SMOtOYt* KNOWLSDCt IS COMMENTS HwMayr. Employ, Cl--M Cow*.I Jj&Mt* 17. OTM|H (MFLOVIfl INFORMATION a. Prod, of InfWv/lll Of 0 Gavtv-SaaaS a No. CM Dari uw. Sanaf** c TVmoi WaoaaiaC/ Omtm O' VMIha 11 Sara d Adiuatmafii Factor* 71 OOAdFarffi SI Many A) Total Ad|i*tad Pana*> fanr OCMA-IS imimi gEV-1^53A8