Document wDz64KROLBM8zYLMb6q1eDR8J

U.S. Depaiiment of Labor June 3, 1981 Mr. John C. Warner, President Tyler Pipe Industries, Inc. P. 0. Box 2027 Tyler, TX 75710 Orcupavcria' Safely anc healin Reply lo the Attention of: Federal Building Room 208 211 W. Ferguson Tyler, TX 75702 214 595-243S Dear Mr. Warner: Enclosed ycu will find citations for violations of the Occupational Safety and Health Act of 1970 (Act) which in some instances, may have accompanying proposed penalties. Also enclosed is a booklet which explains your rights and responsi bilities under the Act. As indicated on page 2 of the booklet, you may request an informal conference with me during the-15 working day notice of contest period. During the informal conference, you may present any evidence or views which you believe would support an adjustment to the citation or penalty. If you decide to request an informal conference, please complete the form at the bottom of this letter and post it next to the citations immediately after deter mining the time, date and place of the informal conference. If you have any questions about the enclosed citations and penalties, I would wel come further discussion at the informal conference, and, where warranted, I am authorized to enter into an informal settlement agreement which amicably resolves this matter without any litigation or contest. If you have any questions re garding the informal conference, please contact me. Sincerely C. R. HOLDER Area Director ** * * * * * NOTICE TO EMPLOYEES An informal conference has been scheduled with OSHA to discuss the citations issued on . The conference will be held at the OSHA Office located at the Federal Building, Roan 208, 211 W. Ferguson, Tyler, Texas, on at date time U.5>. UtKArtl IVICW l ur LMDvn OCJUPATIONAL SAFETY AND HEALTH ADMINISTRATION CITATION and NOTIFICATION OF PENALTY Tyler Area Office 208 Federal Building Tyler, TX 75702 ISSUANCE OATE * OSHANUh BER 6/3/81 M8099|-123 REGION 6 AREA PAGE 7070 1 op 2 TYPE OF VIOLATION(S) OTHER CITATION NO. 7 1 INSPECTION OATE: 3/26 - 4/7/81 INSPECTION SITE: Hwy 69 N Tyler Pipe Industries, Inc. P. 0. Box 2027 Tyler, TX 75710 Attn: Mr. John C. Warner, President Tyler, TX THE LAW REQUIRES that a copy of this Citation bo pottad Immadiataly in a promlnant plaea at or naar tha location of tha violation(s) citad balow. Tha Citation mutt ramain pottad until tha violations citad be low hava baan corractad, or for 3 working days (excluding weekends and Federal holi days) whichever is longer. Thij citation describes violations of tha Occupational Safety and Health Act of 1970. Tha panaltyOat) listed below are based on these violations. i'ou must correct the violations referred to in this citation by the dates listed below and pey the penalties proposed, unless within 15 working days excluding weekends and Federal holidays) from your rtcaipt of this citation and penalty you mail e notice of contest to tha U.S. Department of jbor Area Office at the address shown above. (See the enclosed booklet which outlines your responsibilities and courses of action and should be ead 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 IS DAYS OF RECEIPT OF THIS NOTIFICATION UNLESS CONTESTED ISn enclosed Booklet) This Saction May Be Detached Before Posting PENALTY 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- 2 FR 1910.1000(c): Qiployee(s) were exposed to material(s) in excess of the 8-hour time weighted average limit(s) listed for that material(s) in Table Z-3 of subpart Z of 29 CFR part 1910: 11/03/81 a. Enployee exposed to dust containing crystalline silica while operating the sand slinger on the "234" pipe mold line in the north plant on April 7, 1981. b. Employee exposed to dust containing crystalline silica while operating the sand slinger an the "456" pipe mold line in the north plant on May 6, 1981. IB. 29 CFR 1910.1000(e): Feasible administrative or engineering controls Step 1 were not determined and implemented to reduce employee exposure(s): 08/03/81 a. Employee exposed to dust containing crystalline silica virile operating the sand slinger on the "234" pipe mold line in the north plant on April 7, 1981. Step 2 11/03/81 b. Enployee exposed to dust containing crystalline silica virile operating the sand slinger on the "456" pipe mold line in the north plant on May 6, 1981. Step 1 - Submit to the Area Director a written detailed plan of abate- m^t outlining a schedule for the implementation of engineering and/or < jristratvie measures to control enployee exposures to hazardous substances as referenced in this citation. This plan shall include at a minimum, target dates for the following actions which should be consistent with the dates required by this citation. a. Evaluation of the extent and location of the hazard source; b. Evaluation of control measure options; c. Selection of optimum control measure(s); d. Determination of control measure design; " AREA DIRECTOR C. R. HOLDER NOTICE TO EMPLOYEES -- The law gives an,emplovee 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 at the address shown above within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this citation and penalty. EMPLOYER DISCRIMINATION UNLAWFUL - Tha 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 after the discrimination with the U.S. Department of Labor Area Office at the address shown above. TOTAL PENALT FOR THIS CITATION MakichockorMon1 Ordar Payable Tc DOL-OSHA- Indicate OSHA Ni on Remittance EMPLOYER RESPONSIBILITIES AND COURSES OF ACTION -- The enclosed booklet outlines employer responsibilities and courses of action and should be read in conjunction with this notification. CITATION AN0 NOTIFICATION OF PENALTY OSHA-2 REV. 5/76 U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION ' CITATION and NOTIFICATION OF PENALTY Tyler Area Office 208 Federal Building Tyler, TX 75702 ISSUANCE DATE i 0SRA NO*IIER 6/3/81 M809S -123 < REGION 6 * AREA PAGE 7070 2 of 2 TVI't OF VIOLATIONS! OTHER CUATI0N NO r i Tyler Pipe Industries, Inc. P. 0. Box 2027 Tyler, TX 75710 Attn: Mr. John C. Warner, President INSPECTION DATE: 3/26-4/7/81 INSPECTION SITE: Hwy 69 N Tyler, TX THE LAW REQUIRES that a copy of thli Citation ba pottad immadiataly in a promtnant plaea at or naar the location of tha vioiat)on(i) dead baiow. Tha Citation mutt ramain pottad until tha violation! cltad balow Hava baan eorractad, or for 3 working dayt (excluding waakandt and Fadaral holldays) whichever It longer. iii citation datcribat violation! of tha Occupational and Haalth Act of 1970, Tha panalty(iaa) littad baiowara baaad on thata violation!, ou mutt corract tha violation! rafarrad to in thli citation by tha datat littad baiow and pay tha panaitlat propoaad, uniat! within 15 working days xcluding waakandt and Fadaral holiday!) from your racaipt of thlt citation and penalty you mall a notice of contett to tha U.5. Department of ibor Area Office at tha eddreti shown above. (Sea tha enclosed booklet vshich outlines your retpontibilitiet and couraat of action and should be ad In conjunction with this form.) TEM NUMBER TANDARO. REGULATION OR SECTION OF THE ACT VIOLATED; DESCRIPTION DATEBYWHICH VIOLATION MUST BE CORRECTED PENALTIES ARE DUE WITHIN IS 0AYSOF RECEIPT OF THIS NOTIFICATION UNLESS CONTESTED (See enclosed Booklet) This Section May Be Detached Before Potting ! PENALTY e. Ordering and delivery of equipment and materials; f. Installation of control measures; g. Training of employees in the proper operation and maintenance of the newly implemented control measures; and h. Assurance of effective performance of control measures. 11 proposed control measures shall be approved for each particular use y a carpetent industrial hygienist or other technically qualified peron. Ninety (90) day progress reports are required during the abateent period. tep 2 - Correction shall be completed by the implementation of feasible ngineering and/or administrative controls and their effectiveness at chieving compliance verified. --BBT IB 0 IOTICE TO EMPLOYEES -- The law gives an,employee or his iDresentatiye the opportunity to object to any abatement date it for a violation if he believes the date to be unreasonable, he contest must be mailed to the U.S. Department of Labor >rea Office at the address shown above within 15 working days ixduding weekends and Federal holidays) of the receipt by te employer of this citation and penalty. EMPLOYER DISCRIMINATION UNLAWFUL - The law pro TOTAL PENALTY FOR THIS hibits discrimination by an employer against an employee for CITATION filing a complaint or for exercising any rights under this Act. M*kfcheckorMortr An employee who believes that he has been discriminated I Order Peyeble To:' against may file a complaint no later than 30 days after the "POL-Q5HA" discrimination with the U.S. Department of Labor Area Office Indicate OSHA No. on Remittance at the address shown above. MPLOYER RESPONSIBILITIES AND COURSES OF ACTION -- The enclosed booklet outlines employer responsibilities and ourses of action and should be reed in conjunction with this notification. CITATION AND NOTIFICATION OF PENALTY Employer Responsibilities and Courses of Action Following an OSHA Inspection U S. Department of Labor Occupational Safety and Health Administration 1977 OSHA 3000 itiiiiTiffl't)iiir>'|ii'ti'-|i>i|ii)i limmujujj i An Inspection of your workplace was recently con ducted In accordance with the Occupational Safe ty and Health Act of 1970. The Inspection revealed conditions which we believe to be In violation of the Act. The detailed nature of the violation^) and the penalties is described In the Citation and Notification of Penalty form sent with this booklet. The Items listed on the enclosed citation were generally discussed with your representative by the OSHA Compliance Officer. This booklet contains Important information regarding your responsibilities and opportunities to respond to this notice. For further Information not covered in the booklet, contact the OSHA Area Director at the location listed on the citation form. Please refer to the OSHA number located in the upper right-hand comer of the enclosed documents In all correspondence. *: ;Ss- , 1 -f. >' : : Employer Action Required As an employer, you may take the following courses of action: 1. If you agree to the Citation and Notification of Penalty, (a) correct the condition by the date set in the citation and (b) pay the penalty, if one is pro posed. 2. If you do not agree, within 15 working days, you may elect to contest any or all of the following: Citation. Penalty Abatement date For details, see the section on How to Con test. Posting Requirements The citation or a copy of it must be posted at or near the place each violation occurred. It must remain posted for 3 working days or until the violation is corrected, whichever is longer. (Saturdays, Sundays and Federal holidays are not counted as working days.) Letter of Corrective Action For violations you do not contest, you i should promptly notify the OSHA Area Director by letter that you have taken corrective action within the time frame set forth on the citation. The notification should include the specific action taken with regard to each violation and the date the action was taken. Where the citation permits a longer period for abatement, periodic progress reports should be filed. Penalty Payment The penalties itemized on the enclosed Cita tion and Notification of Penalty are payable within 15 working days of receipt. However, if you contest the citation or penalty in good faith, payment of penalties for those items contested is suspended until the Occupa tional Safety and Health Review Commis sion reviews your case and issues a final order. The Review Commission is an in dependent agency and is not a part of the U.S. Department of Labor. The final order of the Commission will either uphold, modify, or eliminate the penalties. However, penalties for items not contested are due within 15 working days. For further details, see the section on How to Contest. Payment should be made by check or money order, payable to the order of DOL-OSHA. Payment should be sent to the OSHA Area Office listed on the Citation and Notification-of Penalty. Please indicate on your payment the OSHA number from the upper right-hand corner of the Citation and Notification of Penalty. Informal Conference and Settlement Before deciding whether to file a notice of contest, you may request an informal con ference with the OSHA Area Director to discuss the Citation and Notification of Penalty. You may use this opportunity to: Obtain a better explanation of the viola tions cited; Obtain a more complete understanding of the specific standards which apply; Discuss ways to correct the violations; Discuss problems with abatement dates; Discuss problems concerning employee safety practices; and Obtain answers to any other questions you may have. You are encouraged to take advantage of the opportunity to have an informal con ference if you foresee any difficulties in com plying with any part of the citation. Please note that any informal conference will not extend your 15 working day period to file a Notice of Contest. If you do not contest within 15 working days, your citation will_become a final order. Nevertheless, you still may contact the OSHA Area Director for information and assistance on how to abate your violation. However, the OSHA Area Director may not amend or change any citation or penalty which has become a final order. He or she may only advise you on abatement methods or extend the time you need to abate the violation (see Petition for Modification of Abatement). After you file a Notice of Contest, your case is in litigation. If you wish to settle the case, you may contact the OSHA Area Director who will give you the name of the attorney for OSHA who will be handling your case. All settlements of contested cases are negotiated between you and the attorney, according to the rules of procedure of the Occupational Safety and Health Review Commission. How to Contest Any employer who wishes to contest must notify the OSHA Area Director (in writing) within 15 working days after receipt of the penalty notification. "Working days" are Monday through Friday, excluding Federal holidays. This written notification is called a "Notice of Contest." Your contest must be made in good faith. A contest filed solely to avoid your respon sibilities of abatement or payment of penalties will not be considered a good faith contest. Your Notice of Contest must clearly describe what is being contested--the cita tion, the penalty, the abatement date, or any combination. In addition, your notice should state whether all the items (viola tions) on the citation, or just specific viola tions, are being contested, (e.g. "I wish to contest the citation and penalty issued for items 3 and 4 of the citation issued June 27, 1976."] A proper contest of any item(s) suspends your obligation to abate and pay until the item(s) contested has been judicially re solved. If only the penalty is contested, the abatement requirements must be met. If only some items on the citation are contested, the other items must be corrected and the cor responding penalties paid. The Contest Process If the Notice of Contest has been filed within the required 15 working days, the OSHA Area Director forwards your case to the Oc cupational Safely and Health Review Com mission, an independent agency. The Com mission assigns the case to an administrative law judge. Generally, a hearing will be scheduled to be held in a public place as close as possible to the employer's workplace. Both you and your employees may participate in the hear ing. You may either represent yourself or be represented by an attorney. The hearing will involve all of the elements of a trial, in cluding examination and cross-examination of witnesses.The administrative law judge may affirm, modify, or eliminate any con tested item of the citation or penalty. Once the administrative law judge has ruled, any party to the case may request a further review by the Review Commission itself. Any of the three commissioners also may, on his own motion, bring the case before the Commission for review. If the Commission issues its own ruling, that ruling may be appealed to the U.S. Circuit Court of Appeals for the circuit in which the case arose. i / Petition for Modification ' of Abatement Abatement dates are assigned on the basis of the best available information at the time the citation is issued. When uncontrollable events or other circumstances prevent meeting a date, a petition for modification of abatement may be appropriate. This procedure is used when the 15 work ing day contest period has expired and you have not contested the citation. It may be used when you have not been able to meet the abatement requirements of the citation due to circumstances beyond your control. If you have made a good faith effort to com ply, you may file a petition for modification of abatement with the OSHA Area Director. A petition for modification of abatement date must be in writing and must be submit ted no later than one working day after the abatement date. It must include all of the , following information: t 1. Steps you have taken so far in an effort j to achieve compliance, and dates of those steps. 2. Additional time period you need to comply. 3. Why you need additional time. 4. Interim steps you are taking to safeguard your employees against the &3i ...... J ^.j^r cited hazard during the abatement period. 5. A statement that the petition has been posted with the date of posting and, if appropriate, a statement that the peti tion has been served on an authorized representative of affected employees. The petition must remain posted for 10 working days, during which your employees may file an objection. A petition for modification of abatement may be granted or opposed by the OSHA Area Director. If the petition for modifica tion of abatement is opposed, it becomes a contested case before the Review Commis sion. Further information on petitions for modification of abatement dates may be ob tained from the OSHA Area Office. Follow-up Inspection and Failure to Abate A follow-up inspection may be conducted to verify that you have: Posted the citation as required, and Corrected the violations as required in the citation. The Act provides for penalties for failure to post the citations and for failure to correct violations. Also, you have a continuing responsibility to comply with the Act. Any new violations discovered during a follow-up inspection will be cited. In order to achieve abatement by the date set forth in the citation, abatement efforts must be promptly initiated. Providing false information on your ef forts to abate is punishable under the Act. Employee Courses of Action Employees or their authorized represen tatives may contest any or all of the abate ment dates set for violations, if they believe them to be unreasonable. Employees have 15 working days from the date the employer receives the Citation and Notification of Penalty to contest. The citation which you must post advises them to contact the OSHA Area Director if they wish to contest. The fil ing of an employee contest does not suspend your obligation to abate. Employer Discrimination Unlawful The Act also provides that no employer shall discharge or discriminate against an employee who has exercised his rights under this law. Complaints from employees who believe they have been discriminated against will be investigated by the Occupational Safety and Health Administration. If the in vestigation discloses probable violations of employee rights, court action may follow. Loans to Assist in Abatement The Act authorizes the Small Business Ad ministration (SBA) to make loans to enable small businesses to meet OSHA standards. This help is available if SBA determines that the employer is likely to suffer substantial economic injury without the assistance. To obtain a loan after an inspection, you must furnish SBA with a copy of the citation(s). SBA then refers the application to the OSHA Area Office that conducted the inspection. That office will consult with SBA concerning the proposed use of loan funds. Further loan information is available from the OSHA Area Director or your local SBA office. The OSHA booklet, SBA Loans for OSHA Compliance (OSHA 2005), available from the OSHA Area Director, lists ad dresses and telephone numbers of SBA of fices. s r Types of Violations Willful--A violation where either: (1) the employer committed an intentional and knowing violation of the Act or (2) though the employer was not intentionally violating the Act, he or she was aware that a hazardous condition existed and acted in careless disregard of employer respon sibilities under the Act. Serious--A violation where an accident or illness could occur which would most likely result in death or serious physical harm, unless the employer did not know or could not have known of the violation. Other--A violation that has a direct rela tionship to job safety and health, but which is not a serious violation. Repeated--A violation of the same OSHA standard for which an employer has been previously cited and which has become a final order. De Minimis Notice A notice that has no direct or immediate relationship to job safety and health. Cita tions requiring abatement are not issued, and penalties are not proposed. Material contained in this publi cation is in the public domain and may be reproduced, fully or par tially, without permission of the Federal Government. Source credit is requested but not required. Per mission is required only to repro duce copyrighted photos and other copyrighted material contained herein. ifrftfiflii iIiWlfW11 i'ii i a i isl f\ on - o "oo > w m Kao-) 7CXJ 35T> o >6 o f>-- o-n m cHn OJ r m OT a>) 300 !30 33 O fnl> W >U O to . n ^O M oi w D j sJ sJ Dj 2 O W ff &' S n 01