Document wgGV8E0OzGQJLnj86Xb57V51B

K A/lemoTb: Subject: See Distribution OSHA Citation PLAINTIFF'S EXHIBIT Bird Incorporated From: Margaret L. Madden Date.- July 26, 1984 According to Standard Procedure AD-103; upon receipt of any communication from an environmental regulatory agency we should provide photocopies of that correspondence and other background information to: Division Manufacturing Manager: W. E. McClung Division General Manager: J. K. Colvin x Environmental Engineer: J. Guzelian Appropriate Manufacturing V. P.: R. Maloof Attached here is a copy of a OSHA Citation received 7-26-84. Background information was fowarded during inspection back.in May. I personally feel that this penalty is very high; since we had planned! to make these changes prior to having an inspection and/or citation. cc: W. F. McGonagle J. L. Batey H. P. Haire ------- J? BIRD 012767 Vc. U.S. Department of Labor July 23, 1984 Occupational Safety and Health Administration 2156 Wooddale Boulevard, Suite 200 Baton Rouge, Louisiana 70806-1486 Reply to the Attention of: Paul J. Hansen, Jr., Area Director Telephone (504) 389-0474 Bird Son, Inc. Margaret Madden P. 0. Box 72 Shreveport, LA 71161 Re: OSHA Inspection M6291-064 worksite at 620 Aero Drive, Shreveport, LA Dear Ms.. Madden: Enclosed you will find citations for violations of the Occupational Safety and Health Act of 1970 (the Act) which may have accompanying proposed penalties. Also enclosed is a booklet which explains your rights and., responsibilities 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 the 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 determining the time, date, and place of the informal conference. If you have any questions about the enclosed citations and penalties, I would welcome further discussion at the informal conference; and, where warranted, I am authorized to enter into an informal settlement agreement with you which amicably resolves the matter without litigation or contest. If you have any questions'regarding the informal conference, please contact me. SinrprM v. Paul J. pansen, Jr. Area Director Enclosures NOTICE TO EMPLOYEES An informal conference has been scheduled with OSHA to discuss the citations issued on 7/25/84 The conference will be held at the OSHA office located at 2156 Wooddale Blvd., Suite 200, Hoover Annex Building, Baton Rouge, LA on at (Date) (Time) BIRD 012768 lS. department of Labor Occupational Safety and Health Administration Citation and Notification of Penalty 2156 Wooddale Boulevard, Suite 200 Baton Rouge, Louisiana 70806-1486 3. Issuance Date 7/23/84 5. Reporting ID 625700 4. Inspection Number 1621960 6.CSHO ID M6291 7. Optional Report No. 8. Page No. OTHER The violation(s) described in this Citation are alleged to have oc curred on or about the ?iay the Inspection was made unless otherwise indicated within thfe description given below. 064 10. Inspection Date(s): 5/8 - 5/17/84 11. Inspection Site: 620 Aero Drive 1 of 1 9.To: Bird Son, Inc. Shreveport, LA and its successors P. 0. Box 72 Shreveport, LA 71161 Attn: Margaret Madden Penalties Are Due Within 15 Oiys of Receipt of This Notification Unless Contested (See enclosed Booklet) This Section May Be Detached Before Posting THE LAW REQUIRES that a copy of this Citation be posted immediately in a prominent place al or near the location ot the violat!on(s) cited below. The! 2Citation must remain posted until the violations ciled below have been abated, or tor 3 working days (excluding weekends and Federal holidays), whichever is longer. - This Citation describes violations ol the Occupational Safety and Health Act of 1970. The penaltyfies) listed below are based on these violations. You mustJ abate 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) Irom your receipt of this Citation and penalty you mail a notice of comes! to the U.S. Department of Labor Area Office at the address i shown above. (See the enclosed booklet which outlines your tights and responsibilities and should be read in conjunction with this lorm.) You are further j notified that unless you inform the Area Director in writing that you intend to contest the Citation or proposed penalties within 1S working days after receipt, this Citation and the proposed penalties will become a final order ol the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a lailurs to contest as provided lor in the Act or, if contested, unless the Citation is affirmed by the Review Commission, 12. Item Number 13. Standard, Regulation or Section of the Act Violated 14. Description IS. Date by Which Violation Must Be Abated '116. Penalty 5 ;' 1 .** 29 CFR 1910.95 (k) (2): J. An updated training program was not conducted annually for' each employee included in the hearing 1 conservation program: The following table summarizes noise monitoring for May 15, 1984. Job f Description # of Employees Equiv. % Dos'e 1 dBA Sampling Period (minutes] a. Machine Tender DS-2 74- 87,83 470 b. Beehive operator FS-10 3 60 86:32 , 465 . PrvrVl ? -Pr- 8/9/84 !; $o . !i ! ;:|l :l 1 :i :| ,1 1 1 1 ;l :i :i I ;i ti !iiI