_____________________________________
SECRETARY OF LABOR, )
)
Complainant, )
)
v. ) OSHRC DOCKET
) Nos. 89-3450
USS, A DIVISION OF USX ) and 89-3451
CORPORATION (CLAIRTON WORKS), )
and its successors ) Inspection Nos
) 00100504950 and
Respondent, ) 017474032
)
and ) Region III
)
UNITED STEELWORKERS OF AMERICA, )
AFL-CIO-CLC, and LOCAL 1557, )
)
Party-in-Interest. )
_____________________________________)
)
SECRETARY OF LABOR, )
)
complainant, )
)
v. ) OSHRC DOCKET
) Nos. 89-3452
USS, A DIVISION OF USX ) and 89-3453
CORPORATION (FAIRLESS WORKS), )
and its successors ) Inspection Nos.
) 102873288 and
Respondent, ) 18252858
)
and ) Region III
)
UNITED STEELWORKERS OF AMERICA, )
AFL-CIO-CLC, and LOCAL 4889, )
)
Party-in-Interest. )
)
_____________________________________)
The Secretary of Labor, United States Department of Labor ("Complainant"), USS, a division of USX Corporation ("Respondent"), and the United Steelworkers of America and its Local Unions Nos. 1557 and 4889 ("USWA"), by their undersigned representatives, have reached full and complete settlement of OSHRC Docket Nos. 89-3450, 89-3451, 89-3452 and 89-3453 under Rule 100 of the Occupational Safety and Health Review Commission Rules of Procedure, 29 CFR 2200.100. Accordingly, the parties state as follows:
The Occupational Safety and Health Review Commission ("Commission") has jurisdiction of this matter pursuant to Section 10(c) of the Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq., ("Act").
Respondent is the steelmaking unit of USX Corporation, a Delaware Corporation with headquarters in Pittsburgh, Pennsylvania. During the course of its business, Respondent, at its Fairless Hills, Pennsylvania ("Fairless Works") and Clairton, Pennsylvania ("Clairton Works") facilities uses materials and equipment which it receives from places outside the Commonwealth of Pennsylvania. Therefore, Respondent is engaged in a business affecting commerce as defined by Sections 3(3) and 3(5) of the Act and has employees as defined by Section 3(6) of the Act and is subject to the requirements of the Act.
A. As a result of a safety and a health inspection conducted from May 8 through October 24, 1989, at Respondent's Clairton Works, citations alleging violations of the Act were issued to Respondent on November 2, 1989, pursuant to Sections 8 and 9 of the Act. The safety inspection resulted in the issuance of two citations for which penalties were proposed (Docket No. 89-3450). The health inspection resulted in the issuance of two citations for which penalties were proposed (Docket No. 89-3451). Respondent disagreed with the citations and notifications of the proposed penalties and filed notices of contest. The contests were duly transmitted to the Commission.
Complainant hereby moves to amend its Citations and Notifications of proposed Penalty to propose a penalty of Five Hundred Twenty-Seven Thousand ($527,000) Dollars and as set forth in Appendix A, attached hereto and incorporated herein by reference.
B. As a result of a safety and a health inspection conducted from June 6 through October 23, 1989, at Respondent's Fairless Works, citations alleging violations of the Act were issued to Respondent on November 2, 1989, pursuant to Sections 8 and 9 of the Act. The safety inspection resulted in the issuance of four citations for which penalties were proposed (Docket No. 89-3452). The health inspection resulted in the issuance of three citations for which penalties were proposed (Docket No. 89-3453). Respondent disagreed with the citations and notifications of proposed penalties and filed notices of contest. The contests were duly transmitted to the Commission.
Complainant hereby moves to amend its Citations and Notifications of Proposed penalty to propose a penalty of Two Million Seven Hundred Twenty-Three Thousand ($2,723,000) Dollars and as set forth herein and in Appendices B and C, attached hereto and incorporated herein by reference.
C. The parties hereby move the Commission pursuant to Rule 9 of the Occupational Safety and Health Review Commission Rules of procedure, 29 CFR 2200.9 to consolidate the captioned cases for purposes of settlement.
A. Respondent represents that the conditions referred to in each item of the citations issued in this matter, as amended, have been abated or will be abated by the date this Stipulation becomes a final Order of the Commission unless the period of abatement has been extended herein. The parties have conferred and agreed upon specific methods of abatement for certain items of the citations, and these specific methods of abatement related to Fairless Works are set forth in Appendix C.
B. The following sections, dealing with hearing conservation, recordkeeping, hazard communication, and cranes apply to all Respondent's facilities listed in Appendix D, attached hereto and incorporated herein by reference, including production as well as office, clerical, and technical operations.
C. The Respondent and Complainant recognize that Respondent's Gary Works, 1 North Broadway, Gary, IN 46402 is located in a state which has assumed authority for the enforcement of OSHA standards pursuant to Section 18 of the Act. Indiana is encouraged to honor or to agree to the terms of this Stipulation of Settlement ("Stipulation"), and to this end it is the Respondent's intent to meet with Indiana's OSHA authority to attempt to execute an agreement substantially similar to this Stipulation. The Respondent shall provide notice to the Deputy Director, Directorate of Compliance Programs, OSHA ("Deputy Director") at least one (1) week in advance of any such meeting so that OSHA can provide notice to the Director of USWA's Safety & Health Department. The Respondent shall notify the Deputy Director of the results of these discussions.
D. Each facility covered by this Stipulation shall submit a quarterly report of its activities under paragraphs IV, V, VI, VII and VIII of this Stipulation to the local OSHA Area Office or state designee having jurisdiction over the facility. The first quarterly report will be due April 15, 1991 which will cover the period up through March 31, 1991. Subsequent reports will be submitted within fifteen (15) days after the close of each calendar quarter. The initial report covering abatement of the specific items cited as violations referred to in paragraph IV A. shall reflect which items have been abated as of the date of the initial report. The parties understand that if the method of abatement is not evident on the face of the citation, the Respondent will respond to requests by OSHA concerning more specific methods of abatement. Subsequent reports shall contain in a succinct narrative fashion a description of activities taken during the period covered by the report to abate the specific items cited as violations.
E. Copies of all reports furnished to OSHA by Respondent under this Stipulation may be furnished by OSHA at its discretion to the Director of USWA's Safety & Health Department.
A. The Respondent will develop and implement a corporate Hearing Conservation Program in accordance with 29 CFR 1910.95(c) through (p). This program will be in writing and will be submitted for review to the Deputy Director within three (3) months of the date this Stipulation becomes a final Order of the Commission. The parties agree that the program will include the following elements:
1. Unless Respondent has previously elected to use an older valid ANSI audiogram as a baseline for a particular employee, employee baseline audiograms will be established as each employee's oldest valid ANSI audiogram taken after March 8, 1983 revised only as permitted by 29 CFR 1910.95(g)(9). Respondent will identify in its employee audiometric test records which audiogram is being used as a baseline or revised baseline audiogram.
2. Annual audiograms will be compared to baseline audiograms no later than forty-five (45) working days subsequent to the actual audiometric test under 29 CFR 1910.95(g)(7).
3. Otologic referrals shall be made pursuant to 29 CFR 1910.95(g)(7)(iii) using the criteria specified in Appendix E, attached hereto and incorporated herein by reference.
4. Where an employee's annual audiometric examination indicates that a standard threshold shift (STS) has occurred, that employee shall be specifically so advised in writing within twenty-one (21) days of the determination.
5. In order to comply with 29 CFR 1910.95 (m)(2)(ii)(A) & (E), Respondent shall maintain its existing noise exposure and job classification records for the duration of employment of its affected employees for audiometric records compiled prior to three (3) months after the date this Stipulation becomes a final Order of the Commission. These records may be maintained separately from the audiometric records. All audiometric records created after that date shall include the most recent noise exposure assessment and job classification. Respondent shall make available to its employees all of the above referenced records in accordance with 29 CFR 1910.95(m)(4).
B. Within three (3) months after the date Respondent submits the Hearing Conservation Program pursuant to this Paragraph V A., said program must be in place and current, and Respondent shall so state in writing to the Deputy Director. Nothing in this stipulation is intended to accelerate the schedules set forth in 29 CFR 1910.95 (c) through (p).
C. During Respondent's next cycle of the annual audiograms, Respondent shall refit the hearing protection for all affected employees.
D. All cited items involving violations of 29 CFR 1910.95(c) through (p) at Fairless Works will be abated within six (6) months of the date this Stipulation becomes a final Order of the Commission.
E. Since certain violations cannot be abated because of the passage of time, Complainant shall not cite Respondent for any violation of the hearing conservation requirements of 29 CFR 1910.95(c) through (p) that allegedly occurred prior to the date this Stipulation becomes a final Order of the Commission except:
1. for failure to compare annual audiograms obtained after January 1, 1990 to baseline audiograms pursuant to 29 CFR 1910.95(g)(7)(i);
2. for failure to review problem audiograms obtained after January 1, 1990 pursuant to 29 CFR 1910.95(g)(7)(iii);
3. for failure to require employees who have incurred STS to wear hearing protection pursuant to 29 CFR 1910.95(g)(8)(ii)(A) ;
4. for failure to maintain the most recent noise exposure assessment and job classification records in accordance with Paragraph V A.5. above.
A. Respondent will, by the date this Stipulation becomes a final Order of the Commission, correct the alleged deficiencies in the OSHA 200 logs as set forth in the Complaint as amended by this Stipulation.
B. 1. Respondent shall initiate a program to examine relevant records and make appropriate corrections to ensure that the OSHA Form No. 200 Logs at its facilities listed in Appendix D are in compliance with 29 CFR Part 1904, the instructions on OSHA Form No. 200 Log, and the Revised Recordkeeping Guidelines issued by the United States Department of Labor, Bureau of Labor Statistics in April 1986 ("1986 BLS Guidelines"). This program shall be limited to the period January 1, 1988 to the date of this Stipulation.
2. Respondent will complete the examination of records required in paragraph VI B.1. above within one (1) year of the date this Stipulation becomes a final Order of the Commission.
3. Respondent agrees to hereafter comply at its facilities listed in Appendix D with 29 CFR Part 1904, the instructions on OSHA Form No. 200 Log, and the 1986 BLS Guidelines.
4. To the extent that training described in this Paragraph VI B. 4. has not occurred within the year preceding the date of this Stipulation, Respondent shall within three (3) months of the date this Stipulation becomes a final Order of the Commission provide a training session on OSHA recordkeeping requirements to train those having responsibility for OSHA recordkeeping at its facilities listed in Appendix D. Training of employees will be conducted at Respondent's expense with no loss of pay to those employees. The training program will be conducted by individuals knowledgeable in OSHA's recordkeeping requirements. The training program has and will cover 29 CFR Part 1904, the instructions on OSHA Form No. 200 Log, and the 1986 BLS Guidelines. A copy of the training program materials will be provided to the Deputy Director.
C. 1. Complainant and Respondent agree that Respondent shall develop and conduct an audit at its facilities listed in Appendix D to verify the accuracy of its OSHA Form No. 200 Logs and, if necessary, correct any deficiencies observed during the audit.
2. The audit is to be conducted by personnel (other than those who created the original records) from Respondent's Corporate Medical Department or its designees or by other individuals knowledgeable in OSHA's recordkeeping requirements. A physician will be available for advice to the auditors. The initial audit will commence within three (3) months of the date this Stipulation becomes a final Order of the Commission. The corrections program conducted pursuant to Paragraph B.1. constitutes for these purposes an audit of the affected facilities. Respondent will conduct recordkeeping audits at each of its facilities listed in Appendix D on an annual basis.
3. Respondent, in its quarterly reports, will advise OSHA when recordkeeping training has been completed and when all recordkeeping errors discovered during the program described in Paragraph VI B.1. have been corrected.
4. Reports of these annual audits shall be submitted by Respondent in its quarterly reports. Respondent will state in its reports that recordkeeping practices at all of its facilities listed in Appendix D are in compliance with 29 CFR Part 1904, the instructions on OSHA Form No. 200 Log, and the 1986 BLS Guidelines.
A. The Respondent will develop and implement a Hazard Communication Program in accordance with 29 CFR 1910.1200 in each of the facilities listed in Appendix D. These programs will be in writing and will be submitted to the local OSHA Area Office for review within three (3) months of the date of this Settlement. Said programs will be in place and operating within six months thereafter. The Respondent and Complainant agree that this program will include the following elements:
1. Each employee providing information and training under the terms of 29 CFR 1910.1200(h) shall be identified by name or job title and department. In addition, the points under 29 CFR 1910.1200(h) to be covered by that employee shall be listed.
2. At least eight (8) hours of training for those employees providing hazard communication training will be conducted at Respondent's expense with no loss of pay to those employees.
3. A description will be provided of how employees exposed to hazardous chemicals will receive training on the physical and health hazards of the chemicals in their work area. Such training will be conducted at Respondent's expense with no loss of pay.
B. All cited items involving violations of 29 CFR 1910.1200(a) through (j) at Fairless Works will be abated within six (6) months of the date this Stipulation becomes a final Order of the Commission.
C. Annually, an audit of the Hazard Communication Program at each of Respondent's facilities listed in Appendix D will be conducted by designees of the corporate industrial hygiene, safety and/or medical staff. This audit will include a review of records, interviews, on-site inspections, a sampling of container labeling and material safety data sheets (MSDS), and discussion with the facility Joint Safety and Health Committee. The first audit will be conducted on or before January 1, 1992. (This may be made part of the ongoing corporate industrial hygiene, safety and/or medical audits). Reports of the above referenced audits shall be submitted by Respondent in its quarterly reports.
A. Within five (5) months of the date this Stipulation becomes a final Order of the Commission, Respondent shall conduct an inspection of all cranes covered by 29 CFR 1910.179 to .181 in all its facilities listed in Appendix D to determine compliance with the aforesaid standards.
B. The inspections shall be conducted by qualified persons and the results of such inspections shall be in writing. The persons performing this inspection shall review pertinent records related to the crane such as crane operator reports, foremen reports, Joint Safety and Health Committee reports, and outside consultant reports.
C. In the event the inspection discloses a violation of 29 CFR 1910.179 to .181 which creates an immediate likelihood of death or serious bodily harm, the crane shall be taken out of service until the condition is corrected. All other defects disclosed by these inspections shall be corrected within eighteen (18) months of the date this Stipulation becomes a final Order of the Commission.
D. Reports of Respondent's activities under this paragraph shall be submitted by Respondent in its quarterly reports.
Assuming the good faith implementation of this Stipulation by the Respondent, the Complainant, in addition to the actions set forth above agrees as follows:
A. Not to cite Respondent for any of the conditions identified and being responsibly and timely addressed (including correction, if necessary) as part of this Stipulation for the following periods of time:
1. six (6) months for issues relating to hearing conservation;
2. one (1) year for issues relating to injury and illness records;
3. nine (9) months for issues relating to hazard communication; and
4. eighteen (18) months for issues relating to cranes.
All of the foregoing periods shall run from the date this Stipulation becomes a final Order of the Commission.
B. To issue a memorandum to all Regional and Area Offices affected by this Stipulation to provide guidance relating to implementation of the Stipulation, including guidance relating to the conduct of inspections in the facilities covered by the Stipulation.
During the term of this agreement, Respondent will permit OSHA reasonable entry into, and reasonable inspection of its facilities listed in Appendix D to determine compliance with this Stipulation and with the Act. Respondent will agree not to require warrants for such inspections.
A. 1. The parties agree that the Complainant is entitled to seek and obtain an order under Section 11(b) of the Act, 29 USC 660(b) in the United States Court of Appeals for the Third Circuit to enforce the final Order of the Commission to the extent it deals with Respondent's injury and illness recordkeeping obligations under 29 CFR Part 1904. The Respondent consents to the entry of such an Order, the form of which is attached to this Stipulation as Appendix F, and agrees that this shall not prejudice the right of the Complainant to seek enforcement of other provisions of the final Order. In the event that Complainant determines that Respondent is not implementing the applicable recordkeeping provisions of this Stipulation in good faith, Complainant may, with twenty (20) days notice to the General Counsel, USS, a division of USX Corporation, Room 1501, 600 Grant Street, Pittsburgh, PA 15219-4776, institute contempt proceedings in the Court of Appeals.
B. Respondent hereby moves the Commission for an order to allow it to withdraw its Notices of Contest to the Citations and Notifications of Proposed Penalty as amended by this Stipulation. In support of its motion, Respondent represents:
1. That complete abatement of the violative conditions has been accomplished or will be accomplished in accordance with the terms of this Stipulation;
2. That a copy of this Stipulation has been posted in accordance with the requirements of 29 CFR 2200.7 and 2200.100 at each facility listed in Appendix D.
3. That a check in the amount of Two Million Seven Hundred Twenty-Three Thousand ($2,723,000) Dollars made payable to "OSHA-LABOR", will be forwarded to the Allentown Area Office of OSHA within twenty (20) days of the date this Stipulation becomes a final Order of the Commission.
4. That a check in the amount of Five Hundred Twenty-Seven Thousand ($527,000) Dollars made payable to "OSHA-LABOR," will be forwarded to the Pittsburgh Area Office of OSHA, within twenty (20) days of the date this Stipulation becomes a final Order of the Commission.
C. It is understood and agreed by the parties that this Stipulation constitutes a compromise of disputed claims. This Stipulation, the negotiations, any audits or reports, or statements or actions of any kind made by Respondent in connection therewith including but not limited to fulfilling its obligations under said Stipulation do not and shall not constitute an admission by Respondent of any violation of the Act. Without limiting the foregoing, this Stipulation shall not be deemed an admission by Respondent of the allegations contained within the Citations, and Notifications of Penalty and Complaints that are the subjects of these proceedings. This Stipulation shall not be used in any proceeding before any court, agency, commission or any other body, except for further proceedings under the Act.
D. The provisions of this Stipulation insofar as they impose reporting, auditing, and entry requirements beyond those under the Act shall expire four (4) years after the date of this Stipulation. This expiration does not affect the duties and obligations of the parties under the Act.
E. The Citations and Notifications of Proposed Penalty as amended by this Stipulation shall become a final Order of the Commission.
F. Each party to this proceeding is to bear its own costs, fees and expenses incurred at each and every stage of this proceeding.
The date of this Stipulation is the ________ day of________________, 199_.
SECRETARY OF LABOR USS, A DIVISION OF USX
UNITED STATES DEPARTMENT CORPORATION
OF LABOR
BY: BY:
_________________________ ____________________________
Alan McMillan William J. Mckim
Deputy Assistant Secretary Senior General Attorney
of Labor for Occupational
Safety and Health
____________________________
Billy M. Tennant
Robert P. Davis General Attorney
Solicitor of Labor
Law Department
USS, a division of USX
_________________________ Corporation
Marshall N. Harris 600 Grant Street
Regional Solicitor Pittsburgh, PA 15219-4776
Matthew J. Rieder
Regional Counsel for
Occupational Safety ____________________________
and Health George R. Salem
Akin, Gump, Strauss, Hauer
& Feld
B. Anne Gwynn 1333 New Hampshire Ave., N.W.
Trial Attorney Washington, D.C. 20036
____________________________
__________________________ J. Larry Stine
Joseph T. Crawford Thompson, Mann & Hutson
Trial Attorney First Atlanta Tower
Atlanta, GA 30383
United States Department
of Labor
3535 Market Street, Rm. 14480
Philadelphia, PA 19104
Attorneys for Complainant Attorneys for Respondent
UNITED STEELWORKERS OF AMERICA,
AFL-CIO-CLC, LOCALS 1557 and 4889
BY:
____________________________________
Mary-Win 0 Brien
Assistant General Counsel
Five Gateway Center
Pittsburgh, PA 15222
Attorney for Authorized Employee
Representative
____________________________________
George Cafasso
Director, Local Union 1557
Safety & Health Committee - Clairton
____________________________________
Nick Tour, Union Chairman
Safety & Health Committee
Local Union 1557 - Clairton
____________________________________
Al Dicesare, Union Chairman
Safety & Health Committee
Local Union 4889 - Fairless
APPENDIX A
CLAIRTON WORKS
AMENDMENTS TO CITATIONS
Safety Citations
OSHRC Docket No. 89-3450
Inspection No. 00100504950
1. Citation No. 1, Item No. 2:
a. This item is changed to allege:
29 C.F.R. 1910.23(a)(5): Pit and trapdoor
openings were not guarded by floor opening
covers or constantly attended by someone.
The instance description remains unchanged.
b. The classification of instance (h) is changed
to "other".
2. Citation No. 1 Item No. 7:
a. Instances (b), (c) and (d) are changed to
allege a violation of 29 C.F.R. 1910.22(a)(1).
b. The classification of instances (b), (c) and
(d) is changed to "other".
3. Citation No. 1. Item No. 10 (a):
a. The classification of this item is changed to
"other".
4. Citation No. 1 Item No. 13:
a. The classification of instance (b) is changed
to "other".
5. Citation No. 1 Item No. 15:
a. The abatement date is extended to December 31, 1990.
b. Instance (c) is deleted.
6. Citation No. 1. Item No. 17:
a. Instances (b) and (c) are deleted.
7. Citation No. 1. Item No. 19:
a. This item is deleted.
8. Citation No. 1. Item No. 20:
a. Instance (1) is deleted.
9. Citation No. 1. Item No. 27:
a. This item is deleted.
10. Citation No. 1. Item No. 32:
a. This item is changed to allege a violation of
29 C.F.R. 1918.96(e).
11. Citation No. 1, Item No. 35:
a. Instance (a) is deleted.
12. Citation No. 1, Item No. 38:
a. The classification for instance (b) is
changed to "other".
13. Citation No. 1. Item No. 52:
a. Instance (b) is changed to read:
(b) Waste Water Treatment Plant, south
Aerator; There are 10, 125 VAC single
receptacles that are not water tight
on their faces. All of these
receptacles have been wrapped with
tape. These electrical receptacles
are not approved for damp and wet
locations.
14. Citation No. 2, Item No. 1:
a. Item No. 1 is changed to read:
Section 5(a)(1) of the Occupational Safety
and Health Act of 1970: The employer did
not furnish employment and a place of
employment which were free from recognized
hazards that were causing or likely to
cause death or serious physical harm to
employees in that:
(a) Employees working in the area of
the High Line Pipe bridge adjacent to
the areas monitored by the Number 2
Control Room were exposed to the
hazards from failure of overhead pipe
and conduit support structures. These
hazards include fire, explosion,
exposure to toxic gases and physical
hazards from collapse of piping,
conduit and other support structures.
The following conditions contributed
to the existence of these hazards:
1. Piping has been allowed to
deteriorate to the point that support
structure is not adequate.
The examples are unchanged.
15. Citation No. 2. Item No. 11:
a. The classification of instance (e) is
changed to "serious."
16. Citation No. 2. Item No. 12:
a. The classification of instances (b), (d),
and (e) is changed to "serious".
17. Citation No. 2, Item No. 14:
a. Instance (a) is modified to read:
(a) Employees working on roofs of tar
tanks #1 and #2, Unit #1 tar tank
storage area, were exposed to a 40
foot fall hazard.
18. Citation No. 2, Item No. 15:
a. The classification of instance (c) is
changed to "serious."
b. Instance (u) is deleted.
c. Instance (v) is deleted.
d. The classification of instance (w) is changed
to "serious".
19. Citation No. 2. Item No. 16:
a. The classification of instance (w) is changed
to "serious".
b. Instance (x) is deleted.
c. The classification of instance (cc) is
changed to "serious".
d. Instance (jj) is deleted.
20. Citation No. 2 Item No. 17:
a. The classification of instance (g) is changed
to "serious".
b. The classification of instance (k) is changed
to "serious".
21. Citation No. 2. Item No. 19:
a. Instance (j) is deleted.
22. Citation No. 2. Item No. 20:
a. Instance (c) is deleted.
23. Citation No. 2. Item No. 21:
a. Instance (aa) is deleted.
b. Instance (cc) is deleted.
24. Citation No. 2. Item No. 22:
a. Instance (f) is deleted.
b. Instance (g) is deleted.
c. Instance (k) is deleted.
d. Instance (z) is deleted.
25. Citation No. 2, Item No. 25:
a. The classification of this item is changed to
"serious".
26. Citation No. 2, Item No. 27:
a. Instance (n) is deleted.
b. Instance (ll) is deleted.
c. Instance (yy) is changed to read:
(yy) Phosam Unit, Ground Floor at
Doorway to Axis Compressor; Wiring is
located in the walkway near the
welding outlet creating a tripping and
falling hazard to personnel walking in
the area.
d. Instance (zz) is deleted.
27. Citation No. 2, Item No. 28:
a. Instance (g) is deleted.
b. Instance (w) is deleted.
28. Citation No. 2, Item No. 29:
a. The classification of this item is changed to
"other".
29. Citation No. 2, Item No. 32:
a. The classification of this item is changed to
"serious".
Health Citations
OSHRC Docket No. 89-3451
Inspection No. 017474032
1. Citation No. 1, Item No. 1:
a. The abatement date for this item is extended
to December 31, 1990.
2. Citation No. 2. Item No. 1:
a. This item is deleted.
3. Citation No. 2, Item No. 2:
a. This item is deleted.
LEGEND TO APPENDIX B
A - Accepted by USS with change in classification
D - Deleted by agreement pursuant to negotiation
0 - Other than serious
R - Repeat
S - Serious
W - Willful
01 - Outside Plant
02 - Iron & Transportation
03 - Steel Producing
04 - Rolling Mill
05 - Sheet & Tin
06 - Number not assigned
07 - Pipe
08 - Utility Shops & Services
Reference for pages 28-48
Report-Fairless Citations
Text not included
Safety Citations OSHRC Docket No. 89-3452 Inspection No. 18252858
1. Citation No. 1, Item No. 1a(a)(1):
This item will be abated by Respondent removing this area from service. If this area is not removed from service, the column bracing system on the bin structure shall be repaired and coke removed from the inactive bin. The abatement date is extended to three (3) months after the date this Stipulation become a final Order of the Commission.
2. Citation No. 1, Item 1a(a)(2):
This item will be abated by Respondent repairing the Junction House by 1) replacing base stiffners and anchor bolt tops, 2) straightening or reinforcing lower panel column flanges, 3) replacing deteriorated diagonals and struts, 4) replacing walkway channel, and 5) inspecting the remainder of walks and stairs. The abatement date is extended to three (3) months after the date this Stipulation becomes a final Order of the Commission.
3. Citation No. 1, Item 3(b)(1):
This item will be abated by the installation of grating.
4. Citation No. 1 Item 5(c)(9):
This item will be abated by reducing the size of the hole to the minimum necessary to accommodate the photoelectric cell.
5. Citation No. 1, Item 8(c)(1):
This item will be abated by requiring employees to tie off to cable used as guard rail.
6. Citation No. 1, Item 9(b)(1):
Notwithstanding the deletion of this item, Respondent agrees within six (6) months of the date this Stipulation becomes a final Order of the Commission to complete a study directed toward determining a feasible method of reducing employee exposure. The results of that study and a plan to implement any such feasible method will be sent to the Allentown Area Office of OSHA within one (1) month of the conclusion of the study. Respondent also agrees to bundle pipe to the extent feasible and use 4" x 4" wooden blocks as separators.
7. Citation No. 1, Item 9(d)(2):
This item will be abated by maintaining the trolley at the end of the bridge girders when employees are crossing end trucks.
8. Citation No. 1, Item 9(d)(6):
This item will be abated by the provision of static lines in the area.
9. Citation No. 1, Item No. 11d(a)(1):
This item is changed to read as follows:
1. Blast Furnace Department - The bridge brake foot pedal for the ladle house crane #87 needs to be adjusted.
10. Citation No. 1, Item No. 12:
This item will be abated by the maintenance of rail sweeps if they are present on the cranes.
11. Citation No. 1, Item No. 22:
Respondent agrees to continue its program of removing all riding stirrups on Fairless Works owned gondola cars when such cars come in for repairs. Riding stirrups on all other railroad cars owned by Fairless Works will be properly maintained.
12. Citation No. 1, Item No. 24:
Respondent agrees to continue its program of removing grab irons on Fairless Works owned gondola cars when such cars come in for repairs. Grab irons on all other railroad cars owned by Fairless Works will be properly maintained.
13. Citation No. 1, Item No. 29(a)(1):
The standard cited is changed to 29 CFR 1910.180(h)(1)(i).
14. Citation No. 2 Item No. 11a:
This item may be abated by installing a one-half (1/2) inch gypsum board on each side of the steel partition.
15. Citation No. 3, Item No. 1a(b)(l):
This item will be abated by the installation of ring guards.
16. Citation No. 3 Item Nos. 4(a)(2) and (3):
This item may be abated by Respondent completing the critical and immediate repairs described in the Globex Corporation report to Respondent dated August 7, 1990.
17. Citation No. 3, Item No. 7(a)(1):
The abatement date for this item is extended to March 31, 1991.
18. Citation No. 3. Item No. 165(e)(6):
Notwithstanding the deletion of this item, Respondent agrees to inspect the Hessel plugs within ten (10) months of the date this Stipulation becomes a final Order of the Commission and replace defective plugs with approved plugs as they are discovered. Respondent will assure that the Hessel plugs are properly maintained and in good working order before use.
Health Citations OSHRC Docket No. 89-3453 Inspection No. 102873288 1. Citation No. 1, Item No. 4: The employees identified in instances (b)(2), (c)(3), (c)(4), (c)(5), (c)(6), (c)(9), (c)(15), (c)(16), (d)(2), (d)(5), (d)(7), (d)(11) and (d)(13) will be advised that they have incurred a standard threshold shift in their hearing.
2. Citation No. 1, Item No. 7(a)(1):
This item will be abated by designating the gas main pipe as a confined space entry permit area under the existing program.
3. Citation No. 1, Item No. 7(b)(1):
Notwithstanding the deletion of this item, to assure that during the period an employee is inside the bell while it, in turn, is inside the ladle, Respondent agrees: voice contact will be maintained with that employee; the employee inside the bell will be tied-off to the fixed ladder in the bell; appropriate emergency rescue procedures will be established; and, affected employees will be trained in such procedures. In addition, Respondent will conduct tests for a period of two (2) months after the date this Stipulation becomes a final Order of the Commission to assure the atmosphere in the bell is within acceptable CO limits. At the end of this two (2) month period Respondent will send a report to the Allentown Area Office of OSHA indicating the range of CO levels found.
4. Citation Number 1, Item Number 8b:
This item will be abated through the implementation of feasible engineering and administrative controls and the administration of an effective hearing conservation program. Complainant and respondent agree that the guidelines provided in Chapter IV, Section C.3 of the June 15, 1989 OSHA Field Operation Manual (OSHA Instruction CPL 2.45B) will be relied upon in determining the extent of economic feasibility of such controls where employee time-weighted equivalent daily noise exposures do not exceed 100 dBA.
Respondent shall develop and submit a detailed plan of abatement to the Allentown Area Office of OSHA within four (4) months of the date this Stipulation becomes a final Order of the Commission. Feasible engineering and administrative controls and the administration of an effective hearing conservation program will be implemented at the cited operations within nine (9) months of the date this Stipulation becomes a final Order of the Commission.
5. Citation No. l. Item No. 9c:
This item will be abated in accordance with Paragraph V A.2. of this Stipulation.
6. Citation No. 1, Item Nos. 11a and 11b:
These items will be abated in accordance with Paragraph V A.5. of this Stipulation.
7. Citation No. 2, Item No.1:
Notwithstanding the deletion of this item, Respondent agrees: 1.) to educate its employees on the dangers of heat stress; 2.) to make available water or medically proper fluid replacements; and 3.) to administer work-rest regimens.
8. Citation No. 2, Item No. 2(a)1:
Notwithstanding the deletion of this item, Respondent agrees to install a barrier to protect the chlorine containers from vehicular damage.
9. Citation No. 2, Item No. 2(a)(2):
Notwithstanding the deletion of this item, Respondent agrees to refrain from storing other reactive/combustible materials in areas where chlorine containers are located.
10. Citation No. 2, Item No. 3a:
Respondent agrees to examine employees exposed to chromic acids for incipient ulcerations as part of these employees' annual physical examinations.
11. Citation No. 2. Item 4b:
a. Instance (a)(3) is changed to allege a violation of section 5(a)(1).
b. Instance (a)(4) is changed to allege a violation of section 5(a)(1).
c. Abatement of instance (b)(1) will consist of relocating the controls to move the operator to a pulpit from the area adjacent to number 4 stand. There will be occasions when the operator leaves the pulpit to operate the pistol grip control at the stand. On those occasions the operator will be located behind the area in which the potential cobble could occur. Respondent will keep employees beyond twenty-five (25) feet of the roll conveyor line during start-up following roll changes.
d. Instance (c)(3) is changed to allege a violation of section 5(a)(1).
Clairton Works
400 State Street
Clairton, PA 15025
Fairless Works
Fairless Hills, PA 19030
Fairfield Works
Fairfield, AL 35064-0599
Mon Valley Works (Two Plants):
1. Edgar Thomson Plant
Braddock, PA 15104
2. Irvin Plant
Dravosburg, PA 15034
South Works
3426 East 89th Street
Chicago, IL 60617
The Subcommittee on the Medical Aspects of Noise of the American Academy of Otolaryngology -- Head and Neck Surgery recognizes that with the establishment of increasing numbers of occupational hearing conservation programs, there is a need for referral criteria. Workers screened by these programs frequently present problems requiring medical attention which the directors of the programs are not prepared to render. When the director is a physician, he recognizes what can be treated locally, and what needs to be referred to an appropriate specialist. This is not always true when the director is not a physician.
In an effort to assist program directors of occupational hearing conservation programs, the following referral criteria were formulated. Because medical referrals are both costly and time-consuming, they should be held to a minimum. In cases of doubt, however, it is better to refer someone who did not need to be referred than not to refer someone who should have been referred. Communication between the person referring and the physician is urged in cases of doubt.
There are two sections to the following referral criteria: audiological and medical. Workers should undergo screening audiometry by a physician, an audiologist, or an accredited occupational hearing conservationist, on properly calibrated equipment that meets ANSI standards (ANSI S3.6-1969) in a proper test environment. If the test results indicate that the worker should be referred for failure to meet the audiometric standards set forth here, the hearing conservation program director may wish to refer the worker to an audiologist or an otolaryngologist for confirmation. If the audiologist confirms that the worker's hearing level does not meet these criteria, the worker should then be referred to an otolaryngologist for evaluation or treatment.
If a worker has any of the medical problems listed that worker should be referred directly to an otolaryngologist.
There are two types of audiological criteria, to be applied to baseline and periodic audiograms, respectively. A baseline audiogram is the first audiogram performed; In some cases, this will be a pre-employment audiogram. Periodic audiograms, performed yearly, are to be compared to the baseline. The
criteria for referral for threshold shifts seen on periodic audiograms (Section B, below) should be clearly distinguished from criteria for threshold shift used to trigger "In-house" action by the hearing conservation program, such as refitting of hearing protectors or counseling.
The Occupational Safety and Health Administration currently defines a "standard threshold shift" as a shift of 10 dB or more, in either ear, for the puretone average of 2, 3, and 4 kHz, this is intended to detect small changes in hearing so that preventive action can be taken. The criteria for threshold shift listed below, on the other hand, are intended to detect larger changes which are more likely to be significant, both medically and in terms of communicative difficulties.
Program directors may choose to have repeat audiograms done to verify apparent threshold shifts prior to taking action; this should be done within 90 days of the periodic audiogram in question. The criteria should then be applied to the repeat audiogram.
If a periodic audiogram (or retest as described above) demonstrates a "standard threshold shift" as defined by OSHA, this audiogram becomes the new baseline, to which subsequent periodic audiograms will be compared. However, for purposes of otologic referral, the original baseline should continue to be used. Otherwise, a slowly progressive hearing loss could become severe over a period of years: a series of small threshold shifts would occur, each triggering "In-house" action and resulting in a new baseline, but none large enough to result in otologic referral.
In addition to the quantitative criteria listed below, workers showing variable or inconsistent responses or unusual hearing loss curves should be referred.
A. Baseline Audiogram 1. Average hearing level at 0.5, 1, 2, and 3 kHz greater than 25 dB, In either ear 2. Difference in average hearing level between the better and poorer ears of: a. more than 15 dB at 0.5, 1, and 2 kHz, or b. more than 20 dB at 3, 4, and 6 kHz.
B. Periodic Audiograms 1. Change for the worse in average hearing level, in either ear, compared to the baseline audiogram of: a. more than 15 dB at 0.5, 1, and 2 kHz, or b. more than 20 dB at 3, 4, and 6 kHz.
1. History of ear pain, drainage, dizziness, severe persistent tinnitus, sudden, fluctuating, or rapidly progressive hearing loss, or a feeling of fullness or discomfort in one or both ears within the preceding 12 months.
2. Visible evidence of cerumen accumulation or a foreign body in the ear canal.
If a person has received otologic evaluation previously on the basis of failing the foregoing criteria, he should be re- evaluated if he develops ear pain, drainage, dizziness, dysequillbrium, imbalance, or severe persistent tinnitus or shows significant change in hearing levels as defined in Section B above.
In patients with puzzling ear symptoms, such as diplacusis, fullness, and inconsistent audiometric findings, it is better to refer than possibly overlook a significant problem.
Communication between the referring individual and the otolaryngologist is essential.
Similar criteria were published by the American Council of Otolaryngology - Head and Neck Surgery in 1980. These modified criteria were approved by our Board of Directors in May 1983. Material may be freely used so long as attribution is given to the American Academy of Otolaryngology - Head and Neck Surgery, 1101 Vermont Avenue, N.W., Washington, D.C. 20005.
____________________________________
SECRETARY OF LABOR, UNITED )
STATES DEPARTMENT OF LABOR, )
)
Petitioner, )
)
v. ) Case No.
)
USS, A DIVISION OF USX )
CORPORATION, )
)
Respondent. )
____________________________________)
This cause was submitted on the application of the Secretary of Labor ("Petitioner") for entry of a decree enforcing portions of a final Order of the Occupational Safety and Health Review Commission ("Commission") in Docket Nos. 89-3452 and 3453 which was entered as a result of a Stipulation of Settlement ("Stipulation"). The terms of the Stipulation were incorporated in the final Order of the Commission ("final Order"). USS, a division of USX Corporation ("Respondent") consents to the entry of a decree enforcing those portions of the final Order which deal with Respondent's injury and illness recordkeeping obligations under 29 CFR Part 1904, the instructions on OSHA Form No. 200 Log, and the 1986 BLS Guidelines. A copy of the final Order is attached hereto as Exhibit A.
Therefore, pursuant to Section 11(b), 29 USC 660(b) of the Occupational Safety and Health Act of 1970, 29 USC 651 et seq. (1982 and Supp. 1987), it is hereby ORDERED, ADJUDGED AND DECREED that:
The Commission's final Order of__________________
to the extent it deals with Respondent's injury and illness recordkeeping obligations under 29 CFR Part 1904, the instructions on OSHA Form No. 200 Log, and the 1986 BLS Guidelines, is hereby enforced.
Entered
Clerk
United States Court of Appeals
for the Third Circuit