 |
OSHA report on TECO's Gannon plant explosion
U.S. Department of Labor
Occupational Safety and Health Administration
Tampa Area Office
5807 Breckenridge Parkway, Suite A
Tampa, Florida 33610-4249
(813) 626-1177 FAX: (813) 626-7015
Reply to the Attention of: Larry Barker
October 7, 1999
Tampa Electric Company
Big Bend Station
Attn: Louis Rinaldi, Safety Director
13031 Wyandotte Road
Apollo Beach, FL 33572
Dear Mr. Rinaldi:
An inspection of your workplace at 13031 Wyandotte Rd. Apollo Beach, FL 33572 on, 04/28/99 disclosed the following hazards:
Excessive accumulation of coal dust in cable trays and coal dust allowed inside 4*volt breakers in the Big Bend Power Generation Plant. Such accumulations create the hazard of fire and possible explosions which expose employees to possible injury.
Since no OSHA standard applies and it is not considered appropriate at this time to invoke Section5(a)(1), the general duty clause of the Occupational Safety and Health Act, no citation will be issued for these hazards.
In the interest of work place safety and health, however, I recommend that you take the following steps voluntarily to eliminate or reduce your employees' exposure to the hazards described above:
Periodically vacuum and clean the coal dust in all areas to prevent excessive buildup where under abnormal conditions as well as normal conditions that a spark could occur that would ignite the coal dust. This would include, but not limit to, wiring motors and switching gear near the areas that the coals dust is found.
Your written response to this recommendation within 30 days would be appreciated.
Sincerely,
Lawrence J. Falck
Area Director
U.S. Department of Labor
Occupational Safety and Health Administration
Suite A
5807 Breckenridge Parkway
Tampa, FL 33610
Phone: 813-626-1177 FAX: 813-626-7015
Citation and Notification of Penalty
To -.
Tampa Electric Company
and its successors
P. 0. Box 111
Tampa, FL 33601-0111
Inspection Site:
13031 Wyandotte Road
Apollo Beach, FL 33572
Inspection Number: 302567557
Inspection Date(s): 04/28/1999-08/24/1999
Issuance Date: 10/07/1999
The violation(s) described in this Citation and Notification of Penalty is (are alleged to have occurred on or about the day(s) the inspection was made unless otherwise indicated within the description given below.
This Citation and Notification of Penalty (this citation) describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed herein is (are) based on these violations. You must abate the violations referred to in this Citation by the dates listed or pay the penalties proposed, unless within 15 working days (excluding weekends and Federal holidays) from your receipt of this Citation and Notification of Penalty you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown above. Please refer to the enclosed booklet (OSHA 3000) which outlines your rights and responsibilities and which should be read in conjunction with this form. Issuance of this Citation does not constitute a finding that a violation of the Act has
occurred unless there is a failure to contest as provided for in the Act or, if contested, unless this Citation is affirmed by the Review Commission or a court.
Posting - The law requires that a copy of this Citation and Notification of Penalty be posted immediately in a prominent place at or near the location of the violation(s) cited herein, or , if it is not practicable because of the nature of the employer's operations, where it will be readily observable by all affected employees. This Citation must remain posted until the violation(s) cited herein has (have) been abated, or for 3 working days (excluding weekends and Federal holidays), whichever is longer. The penalty dollar amounts need not be posted and may be marked out or covered up prior to posting.
Notification of Corrective Action - For each violation which you do not contest, you are required by 29 CFR 1903.19 to submit an Abatement Certification to the Area Director of the OSHA office issuing the citation and identified above. The certification must be sent by you within 10 calendar days of the abatement date indicated on the citation. For Willful and Repeat violations, documents (examples: photos, copies of receipts, training records, etc.) demonstrating that abatement is complete must accompany the certification. Where the citation is classified as Serious and the citations states that abatement documentation is required, documents such as those described above are required to be submitted along with the abatement certificate. If the Citation indicates that the violation was corrected during the inspection, no abatement certification is required for that item.
All abatement verification documents must contain the following information: 1) Your name and address; 2)the inspection number (found on the front page); 3) the citation and citation and citation item number(s) to which the submission relates; 4) a statement that the information is accurate; 5) the signature of the employer or employer's authorized representative; 6) the date the hazard was corrected; 7) a brief statement of how the hazard was corrected and 8) a statement that affected employees and their representatives have been informed of the abatement.
If you are considering a request for an informal conference to discuss any issues related to this Citation and Notification of Penalty, you must take care to schedule it early enough to allow time to contest after the informal conference, should you decide to do so. Please keep in mind that a written letter of intent to contest must be submitted to the Area Director within 15 working days of your receipt of this Citation. The running of this contest period is not interrupted by an informal conference.
If you decide to request an informal conference, please complete, remove and post the page 4 Notice to Employees next to this Citation and Notification of Penalty as soon as the time, date, and place of the informal conference have been determined. Be sure to bring to the conference any and all supporting documentation of existing conditions as well as any abatement steps taken thus far. If conditions warrant, we can enter into an informal settlement agreement, which amicably resolves this matter without litigation or contest.
Right to Contest - You have the right to contest this Citation and Notification of Penalty. You may contest all Citation items or only individual items. You may also contest proposed penalties and/or abatement dates without contesting the underlying violations. Unless you inform the Area Director in writing that you intend to contest the citation(s) and/or proposed penalty(ies) within 15 working days after receipt, the citation(s) and the proposed penalty(ies) will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency.
Penalty Payment - Penalties are due within 15 working days of receipt of this notification unless contested.(See the enclosed booklet and the additional information provided related to the Debt Collection Act of 1982.)Please make your check or money order payable "DOL-OSHA", and submit to 5807 Breckenridge Parkway, Suite A, Tampa, FL 33610-4249. Please indicate the Inspection Number on your remittance.
OSHA does not agree to any restrictions or conditions or endorsements put on any check or money order for less than the full amount due, and will cash the check or money order as if these restrictions, conditions, or endorsements do not exist.
Employer Discrimination Unlawful - The law prohibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes and he/she has been discriminated against may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor Area Office, at the address shown above.
Employer Rights and Responsibilities - The enclosed booklet (OSHA 3000) outlines additional employer rights and responsibilities and should be read in conjunction with this notification.
Notice to Employees - The law gives an employee or his/her representative the opportunity to object to any abatement date set for a violation if he/she 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 and postmarked within 15 working days (Excluding weekends and Federal holidays)of the receipt by the employer of this Citation and Notification of Penalty.
U.S. Department of Labor
Occupational Safety and Health Administration
------------------------------------------------------------------------------------------
NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE
An Informal conference has been scheduled with OSHA to discuss the citation(s) issued on
10/07/1999. The conference will be held at the OSHA office located at Suite A, 5807 Breckenridge Parkway, Tampa, FL 33610 on _______________at______________. Employees and/or representatives of employees have a right to attend an informal conference.
------------------------------------------------------------------------------------------
U.S. Department of Labor
Occupational Safety and Health Administration
Inspection Number: 302567557 I
Inspection Dates: 04/28/1999-08/24/1999
Issuance Date: 10/07/1999
Citation and Notification of Penalty
Company Name: Tampa Electric Company
Inspection Site: 13031 Wyandotte Road, Apollo Beach, FL 33572
Citation l Item 1
Type of Violation: Serious
29 CFR 1910.22(a)(l): Place(s) of employment were not kept clean and orderly, or in a sanitary condition:
a)At the workplace, employees exposed to possible injury as a result of poor housekeeping in areas such as but not limited to debris, sand bags, standing water at the bottom of the #2 stack, also fly ash, boards, debris on walkway at southeast corner of boiler for Unit#3 near economizer outlet fly ash hoppers, and scaffolding stage and ladder left on walkway at the northwest corner of the secondary air level for Unit#3 on or about April 28, 1999.
ABATEMENT VERIFICATION IS REQUIRED
Date By Which Violation Must be Abated: 10/14/99
Proposed Penalty: $1500.00
------------------------------------------------------------------------------------------
U.S. Department of Labor
Occupational Safety and Health Administration
Inspection Number: 302567557 I
Inspection Dates: 04/28/1999-08/24/1999
Issuance Date: 10/07/1999
Citation and Notification of Penalty
Company Name: Tampa Electric Company
Inspection Site: 13031 Wyandotte Road, Apollo Beach, FL 33572
Citation l Item 2
Type of Violation: Serious
29 CFR 1910.219(f)(3): Sprocket wheels and chains which were seven feet or less above floors or platforms were not closed:
a)At the workplace, an expanded metal guard had 3/4 inch openings which allowed fingers to reach ingoing nip points of a chain and sprocket drive on the 4A1 slag clinker grinder elevation #9, Unit#4; and also nearby on another guard there was an opening measuring 15 inches long, 3 inches on one end and 5 inches on the other end which allowed an employee to reach with a hand the ingoing nip point for a chain and sprocket for 4A2 slag clinker grinder, elevation #9, Unit#4 on or about April 29, 1999.
ABATEMENT VERIFICATION IS REQUIRED
Date By Which Violation Must Be Abated: 10/14/99
Proposed Penalty: $1875.00
Lawrence J. Falck
Area director
-------------------------------------------------------------------------------------
U.S. Department of Labor
Occupational Safety and Health Administration
Suite A
5807 Breckenridge Parkway
Tampa, FL 33610
Phone: 813-626-1177 FAX: 813-626-7015
INVOICE/DEBT COLLECTION NOTICE
Company Name: Tampa Electric company
Inspection Site: 13031 Wyandotte Road. Apollo Beach, FL 33572
Issuance Date: 10/07/1999
Summary of Penalties for Inspection Number 302567557
Citation 1, Serious = $ 3375.00
TOTAL PROPOSED PENALTIES = $ 3375.00
To avoid additional charges, please remit payment promptly to this Area Office for the amount of the uncontested penalties summarized above. Please make your check or money order payable to: "DOL-OSHA", and submit to 5807 Breckenridge Parkway, Suite A, Tampa, FL 33601-4249. Please indicate OSHA's Inspection Number (indicated above) on the remittance.
OSHA does not agree to any restrictions or endorsements put on any check or money order for less than full amount due, and will cash the check or money order as if these restrictions, conditions or endorsements do not exist.
Pursuant to the Debt Collection Act of 1982 Public Law 97-365) and regulations of the U.S. Department of Labor (29 CFR Part 20), the Occupational Safety and Health Administration is required to access interest, delinquent charges, and administrative costs for the collection of delinquent penalty debts for violations of Occupational Safety and Health Act.
Interest. Interest charges will be assessed by an annual rate determined by the Secretary of the Treasury on all penalty debt amounts not paid within one month (30 calendar days) of the date on which the debt amount becomes due and payable (penalty due date). The current interest rate is 3%. Interest will accrue from the date on which the penalty amounts (as proposed or adjusted) become a final order of the Occupational Safety and Health Review Commission that is, 15 working days of the receipt of the Citation and Notification of Penalty), unless you file a notice of contest. Interest charges will be waived if the full amount owed is paid within 30 calendar days of the final order.
Delinquent charges. A debt is considered delinquent if it has not been paid within one month (30 calendar days) of the penalty due date or if a satisfactory payment arrangement has not been made. If debt remains delinquent for more than 90 calendar days, a delinquent charge of six percent (6%) per annum will be assessed accruing from the date that the debt became delinquent.
Administrative Costs. Agencies of the Department of Labor are required to access additional charges for the recovery of delinquent debts. These additional charges are administrative costs incurred by the Agency in its attempt to collect an unpaid debt. Administrative costs will be assessed for demand letters sent in an attempt to collect the unpaid debt.
Lawrence J. Falck
Area Director
NOTICE
The penalty assessed for this inspection already reflects reductions granted to the employer for Size, Good Faith and History.
The Original Penalty was: S4,500.00
The Reduced Penalty is: S3,375.00
U.S. DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
GUIDELINES FOR PREPARING A NOTIFICATION OF CORRECTIVE ACTION
Notification of Corrective Action - For each violation which you do not contest, you are, required by 29 CFR 1903.19 to submit an Abatement Certification to the Area Director of the OSHA office issuing the citation and identified above. The certification must be sent by you within 10 calendar days of the abatement date indicated on the citation. For Willful and Repeat violations, documents (examples: photos, copies of receipts, training records, etc.) demonstrating that abatement is complete must accompany the certification. Where the citation is classified as Serious and the citations states that abatement documentation is required, documents such as those described above are required to be submitted, along with the abatement certificate. If the citation indicates that
the violation was corrected during the inspection, no abatement certification is required for that item.
All abatement verification documents must contain the following information: 1) Your name and address; 2) the inspection number (found on the front page); 3) the citation and citation item number(s) to which the submission relates; 4) a statement that the information is accurate; 5) the signature of the employer or
employer's authorized representative,; 6) The date the hazard was corrected; 7)
A brief statement of how the hazard was corrected; and 8) a statement that affected employees and their representatives have been informed by the abatement.
The law also requires a copy of all abatement verification documents, required 29 CFR 1903.19 to be sent to OSHA, also be posted at the location, where the violation appeared and the corrective action took place.
Inspection Activity Data
You should be aware that OSHA publishes information on its inspection and citation activity on the Internet under the provisions of the Electronic Freedom of Information Act. The information related to your inspection will be available 3O calendar days after the Citation Issuance Date. You are encouraged to review the information concerning your establishment at WWW.OSHA.GOV. If you have any dispute with the accuracy of the information displayed, please contact this office.
NOTE: NON-CERTIFICATION OF ABATEMENT CAN RESULT IN ADDITIONAL PENALTIES BEING
ASSESSED.
Please reply to the attention of Larry Barker
Tampa Electric Company
P.0. Box 111
Tampa, FL 33601-0111
The hazard reference in Inspection Number 302567557 for the violation identified as:
The hazard referenced in Inspection Number ____________________ for the violation identified as Citation _____________ and Item ________________ was corrected on by ____________________________________________________.
The hazard referenced in Inspection Number ____________________ for the violation identified as Citation _____________ and Item ________________ was corrected on by ____________________________________________________.
The hazard referenced in Inspection Number ____________________ for the violation identified as Citation _____________ and Item ________________ was corrected on by ____________________________________________________.
The hazard referenced in Inspection Number ____________________ for the violation identified as Citation _____________ and Item ________________ was corrected on by ____________________________________________________.
The hazard referenced in Inspection Number ____________________ for the violation identified as Citation _____________ and Item ________________ was corrected on by ____________________________________________________.
I attest that the information contained in this document is accurate and that the affected employees and their representatives have been informed of the abatement activities described in this Certification.
__________________________
Signature
__________________________
Typed or printed name
U.S. Department of Labor
Occupational Safety and Health Administration
Tampa Area Office
5807 Breckenridge Parkway, Suite A
Tampa, Florida 33610-4249
(813) 626-1177 FAX: (813) 626-7015
Reply to the Attention of: Larry Barker
October 7, 1999
Tampa Electric Company
Big Bend Station
Attn: Louis Rinaldi, Safety Director
P.O. Box 111
Tampa, FL 33601-0111
Dear Mr. Rinaidi:
An inspection of your work: place at 13031 Wyandotte Road Apollo Beach, FL 335722 on 04/28/99 disclosed the following hazards:
When a generator is off or on turning gear and is being purged of hydrogen gas prior to work being performed on that unit, the General Electric Thermal Conductivity Gas Analyzer is used by and Auxiliary Operator (AO) to determine percent hydrogen in carbon dioxide, percent hydrogen in air and percent air
in carbon dioxide. With hydrogen being a potentially explosive gas and carbon dioxide being a potential asphyxiate gas the calibration and use of the Gas Analyzer is important.
Since no OSHA standard applies and it is not considered appropriate at this time to invoke Section 5(a)(1), the general duty clause of the Occupational Safety and Health Act, no citation will be issued for these hazards.
In the interest of work place safety and health, however, I recommend that you take the following steps voluntarily to eliminate reduce your employees' exposure to the hazards described above:
The Operator Handbook and the work procedure need to call for this calibration as specified by the manufacturer of the meters and the generator. The purge procedure in the Operator Handbook needs to also call for the hydrogen dryer purge and liquid level detector purge. The Operator Handbook needs to be maintained in a legible condition and be available.
A written reply to this letter would be appreciated within 30 days.
Sincerely,
Lawrence J. Falck
Area Director
U.S. Department of Labor
Occupational Safety and Health Administration
Tampa Area Office
5807 Breckenridge Parkway, Suite A
Tampa, Florida 33610-4249
(813) 626-1177 FAX: (813) 626-7015
Citation and Notification of Penalty
To -.
Tampa Electric Company
and its successors
P. 0. Box 111
Tampa, FL 33601-0111
Inspection Site:
13031 Wyandotte Road
Apollo Beach, FL 33572
Inspection Number: 109016014
Inspection Date(s): 04/28/1999-08/24/1999
Issuance Date: 10/07/1999
The violation(s) described in this Citation and Notification of Penalty is (are alleged to have occurred on or about the day(s) the inspection was made unless otherwise indicated within the description given below.
This Citation and Notification of Penalty (this Citation) describes violations of the Occupational Safety and Health Act of 1970. The penalties listed herein is (are) based on these violations. You must abate the violations referred to in this Citation by the dates listed and pay the penalties proposed, unless within 15 working days (excluding weekends and Federal Holidays)from your receipt of this Citation and Notification of Penalty you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown above. Please refer to the enclosed booklet (OSHA 3000) which outlines your rights and responsibilities and which should be read in conjunction with this form. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless this Citation is affirmed by the Review Commission or a court.
Posting - The law requires that a copy of Citation and Notification of Penalty be posted immediately in a prominent place at or near the location(s) of the violation(s) cited herein, or, if it is not practicable because of the nature of the employer's operations where it will be readily observable by all affected employees. This Citation must remain posted until the violation(s)cited herein has (have) been abated, or for 3 working days (excluding weekends and Federal holidays) whichever is longer. The penalty dollar amounts need not be posted and may be marked out or covered up prior to posting.
Notification of Corrective Action - For each violation which you do not contest you are required by 29 CFR 1903.19 to submit an Abatement Certification to the Area Director of the OSHA office issuing the citation and identified above. The certification must be sent by you within 10 calendar days of the abatement date indicated on the citation. For Willful and Repeat violations, documents (examples: photos, copies of receipts, training, records, etc.) demonstration that abatement is complete must accompany the certification. Where the citation is classified as Serious and the citations states that abatement documentation is required, documents such as those described above are required to be submitted along with the abatement certificate. If the citation indicates that the violation was corrected during the inspection, no abatement certification is required for that item.
All abatement verification documents must contain the following information: 1) Your name and address; 2)the inspection number (found on the front page); 3) the citation and citation and citation item number(s) to which the submission relates; 4) a statement that the information is accurate; 5) the signature of the employer or employer's authorized representative; 6) the date the hazard was corrected; 7) a brief statement of how the hazard was corrected and 8) a statement that affected employees and their representatives have been informed of the abatement.
If you are considering a request for an informal conference to discuss any issues related to this Citation and Notification of Penalty, you must take care to schedule it early enough to allow time to contest after the informal conference, should you decide to do so. Please keep in mind that a written letter of intent to contest must be submitted to the Area Director within 15 working days of your receipt of this Citation. The running of this contest period is not interrupted by an informal conference.
If you decide to request an informal conference, please complete, remove and post the page 4 Notice to Employees next to this Citation and Notification of Penalty as soon as the time, date, and place of the informal conference have been determined. Be sure to bring to the conference any and all supporting documentation of existing conditions as well as any abatement steps taken thus far. If conditions warrant, we can enter into an informal settlement agreement which amicably resolves this matter without litigation or contest.
Right to Contest - You have the right to contest this Citation and Notification of Penalty. You may contest all Citation items or only individual items. You may also contest proposed penalties and/or abatement dates without contesting the underlying violations. Unless you inform the Area Director in writing that you intend to contest the citation(s) and/or proposed penalty(ies) within 15 working days after receipt, the citation(s) and the proposed penalty(ies) will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency.
Penalty Payment - Penalties are due within 15 working days of receipt of this notification unless contested.(See the enclosed booklet and the additional information provided related to the Debt Collection Act of 1982.)Please make your check or money order payable "DOL-OSHA", and submit to 5807 Breckenridge Parkway, Suite A, Tampa, FL 33610-4249. Please indicate the Inspection Number on your remittance.
OSHA does not agree to any restrictions or conditions or endorsements put on any check or money order for less than the full amount due, and will cash the check or money order as if these restrictions, conditions, or endorsements do not exist.
Employer Discrimination Unlawful - The law prohibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes and he/she has been discriminated against may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor Area Office, at the address shown above.
Employer Rights and Responsibilities - The enclosed booklet (OSHA 3000) outlines additional employer rights and responsibilities and should be read in conjunction with this notification.
Notice to Employees - The law gives an employee or his/her representative the opportunity to object to any abatement date set for a violation if he/she 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 and postmarked within 15 working days (Excluding weekends and Federal holidays)of the receipt by the employer of this Citation and Notification of Penalty.
------------------------------------------------------------------------------------------
NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE
An Informal conference has been scheduled with OSHA to discuss the citation(s) issued on
10/07/1999. The conference will be held at the OSHA office located at Suite A, 5807 Breckenridge Parkway, Tampa, FL 33610 on _______________at______________. Employees and/or representatives of employees have a right to attend an informal conference.
------------------------------------------------------------------------------------------
U.S. Department of Labor
Occupational Safety and Health Administration
Inspection Number: 109016014 I
Inspection Dates: 04/28/1999-08/24/1999
Issuance Date: 10/07/1999
Citation and Notification of Penalty
Company Name: Tampa Electric Company
Inspection Site: 13031 Wyandotte Road, Apollo Beach, FL 33572
Citation l Item 1
Type of Violation: Serious
29 CFR 1910.120(q)(l): Employers whose employees were engaged in emergency no matter where it occurs for employees engaged in operations specified in 29 CFR 1910.120(a)(l)(i) through (a)(1)(iv), did not develop and implement an emergency response plan to handle anticipated emergencies prior to commencement of emergency response operations:
a)On or about March 22, 1999, employees responded to a spill of approximately 220 gallons of Fyrquel EHC at the #4 turbine. The spill had gotten to the insulation on steam lines and into the floors below. The employees including maintenance, auxiliary operators, boiler turbine operator and operators were involved in cleaning it up. Fyrquel ECH is an organophosphate and cholinesterase inhibitor. There was potential exposure by absorption and inhalation. There was no response plan in place prior to the response. This was observed on or about 4/28/99.
ABATEMENT VERIFICATION IS REQUIRED
Date By Which Violation Must be Abated: 11/09/99
Proposed Penalty: $1500.00
U.S. Department of Labor
Occupational Safety and Health Administration
Inspection Number: 109016014 I
Inspection Dates: 04/28/1999-08/24/1999
Issuance Date: 10/07/1999
Citation and Notification of Penalty
Company Name: Tampa Electric Company
Inspection Site: 13031 Wyandotte Road, Apollo Beach, FL 33572
Citation 2 Item 1
Type of Violation: Other
29 CFR 1910.141(b)(2)(i): The outlets for non-potable water, such as water for industrial or fire fighting purposes, were not marked in a manner that was unsafe and not for drinking.
(a) On or about April 29, 1999 it was observed that the pipe to the water outlet was not marked as recycled or non-potable water. Ingesting non-potable water may cause adverse gastrointestinal effects. This pipe was located outside the 4A primary air fan room elevation.
ABATEMENT VERIFICATION IS REQUIRED
Date By Which Violation Must be Abated: 11/09/99
Proposed Penalty: $0000.00
Lawrence J. Falck
Area Director
U.S. DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
Notification of Corrective Action - For each violation which you do not contest, you are required by 29 CFR 1903.19 to submit an Abatement Certification to the Area Director of the OSHA office issuing the citation and identified above. The certification must be sent by you within 10 calendar days of the abatement date indicated on the citation. For Willful and Repeat violations, documents (examples: photos, copies of receipts, training records, etc.) demonstrating that abatement is complete must accompany the certification. Where the citation is classified as Serious and the citations states that abatement documentation is required, documents such as those described above are required to be submitted along with the abatement certificate. If the Citation indicates that the violation was corrected during the inspection, no abatement certification is required for that item.
All abatement verification documents must contain the following information: 1) Your name and address; 2)the inspection number (found on the front page); 3) the citation and citation and citation item number(s) to which the submission relates; 4) a statement that the information is accurate; 5) the signature of the employer or employer's authorized representative; 6) the date the hazard was corrected; 7) a brief statement of how the hazard was corrected and 8) a statement that affected employees and their representatives have been informed of the abatement.
The law also requires a copy of all abatement verification documents, required by 29 CFR 1903.19 to be sent to OSHA, also be posted at the location where the violation appeared and the corrective action took place.
Inspection Activity Data
You should be aware that OSHA publishes information on its inspection and citation activity on the Internet under the provisions of the Electronic Freedom of Information Act. The information related to your inspection will be available 3O calendar days after the Citation Issuance Date. You are encouraged to review the information concerning your establishment at WWW.OSHA.GOV. If you have any dispute with the accuracy of the information displayed, please contact this office.
NOTE: NON-CERTIFICATION OF ABATEMENT CAN RESULT IN ADDITIONAL PENALTIES BEING
ASSESSED.
Please reply to the attention of Larry Barker
Tampa Electric Company
P.0. Box 111
Tampa, FL 33601-0111
The hazard reference in Inspection Number 109016014 for the violation identified as:
The hazard referenced in Inspection Number ____________________ for the violation identified as Citation _____________ and Item ________________ was corrected on by ____________________________________________________.
The hazard referenced in Inspection Number ____________________ for the violation identified as Citation _____________ and Item ________________ was corrected on by ____________________________________________________.
The hazard referenced in Inspection Number ____________________ for the violation identified as Citation _____________ and Item ________________ was corrected on by ____________________________________________________.
The hazard referenced in Inspection Number ____________________ for the violation identified as Citation _____________ and Item ________________ was corrected on by ____________________________________________________.
The hazard referenced in Inspection Number ____________________ for the violation identified as Citation _____________ and Item ________________ was corrected on by ____________________________________________________.
I attest that the information contained in this document is accurate and that the affected employees and their representatives have been informed of the abatement activities described in this Certification.
__________________________
Signature
__________________________
Typed or printed name
U.S. Department of Labor
Occupational Safety and Health Administration
Tampa Area Office
5807 Breckenridge Parkway, Suite A
Tampa, Florida 33610-4249
(813) 626-1177 FAX: (813) 626-7015
U.S. Department of Labor
Occupational Safety and Health Administration
Suite A
5807 Breckenridge Parkway
Tampa, FL 33610
Phone: 813-626-1177 FAX: 813-626-7015
INVOICE/DEBT COLLECTION NOTICE
Company Name: Tampa Electric company
Inspection Site: 13031 Wyandotte Road. Apollo Beach, FL 33572
Issuance Date: 10/07/1999
Summary of Penalties for Inspection Number 109016014
Citation 1, Serious = $ 1500.00
Citation 2, Other = $ 0000.00
TOTAL PROPOSED PENALTIES = $ 1500.00
To avoid additional charges, please remit payment promptly to this Area Office for the amount of the uncontested penalties summarized above. Please make your check or money order payable to: "DOL-OSHA", and submit to 5807 Breckenridge Parkway, Suite A, Tampa, FL 33601-4249. Please indicate OSHA's Inspection Number (indicated above) on the remittance.
OSHA does not agree to any restrictions or endorsements put on any check or money order for less than full amount due, and will cash the check or money order as if these restrictions, conditions or endorsements do not exist.
Pursuant to the Debt Collection Act of 1982 Public Law 97-365) and regulations of the U.S. Department of Labor (29 CFR Part 20), the Occupational Safety and Health Administration is required to access interest, delinquent charges, and administrative costs for the collection of delinquent penalty debts for violations of Occupational Safety and Health Act.
Interest. Interest charges will be assessed by an annual rate determined by the Secretary of the Treasury on all penalty debt amounts not paid within one month (30 calendar days) of the date on which the debt amount becomes due and payable (penalty due date). The current interest rate is 3%. Interest will accrue from the date on which the penalty amounts (as proposed or adjusted) become a final order of the Occupational Safety and Health Review Commission that is, 15 working days of the receipt of the Citation and Notification of Penalty), unless you file a notice of contest. Interest charges will be waived if the full amount owed is paid within 30 calendar days of the final order.
Delinquent charges. A debt is considered delinquent if it has not been paid within one month (30 calendar days) of the penalty due date or if a satisfactory payment arrangement has not been made. If debt remains delinquent for more than 90 calendar days, a delinquent charge of six percent (6%) per annum will be assessed accruing from the date that the debt became delinquent.
Administrative Costs. Agencies of the Department of Labor are required to access additional charges for the recovery of delinquent debts. These additional charges are administrative costs incurred by the Agency in its attempt to collect an unpaid debt. Administrative costs will be assessed for demand letters sent in an attempt to collect the unpaid debt.
Lawrence J. Falck
Area Director
NOTICE
The penalty assessed for this inspection already reflects reductions granted to the employer for Size, Good Faith and History.
The Original Penalty was: $2,000.00
The Reduced Penalty is: $1,500.00
U.S. Department of Labor
Occupational Safety and Health Administration
Tampa Area Office
5807 Breckenridge Parkway, Suite A
Tampa, Florida 33610-4249
(813) 626-1177 FAX: (813) 626-7015
Citation and Notification of Penalty
To -.
Tampa Electric Company
and its successors
P. 0. Box 111
Tampa, FL 33601-0111
Inspection Site:
TECO Gannon Station 3602 Port Sutton Road
Tampa, FL 33619
Inspection Number: 109212571
Inspection Date(s): 04/08/1999-09/30/1999
Issuance Date: 10/07/1999
The violation(s) described in this Citation and Notification of Penalty is (are alleged to have occurred on or about the day(s) the inspection was made unless otherwise indicated within the description given below.
This Citation and Notification of Penalty (this Citation) describes violations of the Occupational Safety and Health Act of 1970. The penalties listed herein is (are) based on these violations. You must abate the violations referred to in this Citation by the dates listed and pay the penalties proposed, unless within 15 working days (excluding weekends and Federal Holidays)from your receipt of this Citation and Notification of Penalty you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown above. Please refer to the enclosed booklet (OSHA 3000) which outlines your rights and responsibilities and which should be read in conjunction with this form. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless this Citation is affirmed by the Review Commission or a court.
Posting - The law requires that a copy of Citation and Notification of Penalty be posted immediately in a prominent place at or near the location(s) of the violation(s) cited herein, or, if it is not practicable because of the nature of the employer's operations where it will be readily observable by all affected employees. This Citation must remain posted until the violation(s)cited herein has (have) been abated, or for 3 working days (excluding weekends and Federal holidays) whichever is longer. The penalty dollar amounts need not be posted and may be marked out or covered up prior to posting.
Notification of Corrective Action - For each violation which you do not contest you are required by 29 CFR 1903.19 to submit an Abatement Certification to the Area Director of the OSHA office issuing the citation and identified above. The certification must be sent by you within 10 calendar days of the abatement date indicated on the citation. For Willful and Repeat violations, documents (examples: photos, copies of receipts, training, records, etc.) demonstration that abatement is complete must accompany the certification. Where the citation is classified as Serious and the citations states that abatement documentation is required, documents such as those described above are required to be submitted along with the abatement certificate. If the citation indicates that the violation was corrected during the inspection, no abatement certification is required for that item.
All abatement verification documents must contain the following information: 1) Your name and address; 2)the inspection number (found on the front page); 3) the citation and citation and citation item number(s) to which the submission relates; 4) a statement that the information is accurate; 5) the signature of the employer or employer's authorized representative; 6) the date the hazard was corrected; 7) a brief statement of how the hazard was corrected and 8) a statement that affected employees and their representatives have been informed of the abatement.
If you are considering a request for an informal conference to discuss any issues related to this Citation and Notification of Penalty, you must take care to schedule it early enough to allow time to contest after the informal conference, should you decide to do so. Please keep in mind that a written letter of intent to contest must be submitted to the Area Director within 15 working days of your receipt of this Citation. The running of this contest period is not interrupted by an informal conference.
If you decide to request an informal conference, please complete, remove and post the page 4 Notice to Employees next to this Citation and Notification of Penalty as soon as the time, date, and place of the informal conference have been determined. Be sure to bring to the conference any and all supporting documentation of existing conditions as well as any abatement steps taken thus far. If conditions warrant, we can enter into an informal settlement agreement which amicably resolves this matter without litigation or contest.
Right to Contest - You have the right to contest this Citation and Notification of Penalty. You may contest all Citation items or only individual items. You may also contest proposed penalties and/or abatement dates without contesting the underlying violations. Unless you inform the Area Director in writing that you intend to contest the citation(s) and/or proposed penalty(ies) within 15 working days after receipt, the citation(s) and the proposed penalty(ies) will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency.
Penalty Payment - Penalties are due within 15 working days of receipt of this notification unless contested.(See the enclosed booklet and the additional information provided related to the Debt Collection Act of 1982.)Please make your check or money order payable "DOL-OSHA", and submit to 5807 Breckenridge Parkway, Suite A, Tampa, FL 33610-4249. Please indicate the Inspection Number on your remittance.
OSHA does not agree to any restrictions or conditions or endorsements put on any check or money order for less than the full amount due, and will cash the check or money order as if these restrictions, conditions, or endorsements do not exist.
Employer Discrimination Unlawful - The law prohibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes and he/she has been discriminated against may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor Area Office, at the address shown above.
Employer Rights and Responsibilities - The enclosed booklet (OSHA 3000) outlines additional employer rights and responsibilities and should be read in conjunction with this notification.
Notice to Employees - The law gives an employee or his/her representative the opportunity to object to any abatement date set for a violation if he/she 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 and postmarked within 15 working days (Excluding weekends and Federal holidays)of the receipt by the employer of this Citation and Notification of Penalty.
------------------------------------------------------------------------------------------
NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE
An Informal conference has been scheduled with OSHA to discuss the citation(s) issued on
10/07/1999. The conference will be held at the OSHA office located at Suite A, 5807 Breckenridge Parkway, Tampa, FL 33610 on _______________at______________. Employees and/or representatives of employees have a right to attend an informal conference.
------------------------------------------------------------------------------------------
U.S. Department of Labor
Occupational Safety and Health Administration
Inspection Number: 109212571 I
Inspection Dates: 04/08/1999-09/30/1999
Issuance Date: 10/07/1999
Citation and Notification of Penalty
Company Name: Tampa Electric Company
Inspection Site: TECO Gannon Station 3602 Port Sutton Road, Tampa, FL 33619
Citation l Item 1
Type of Violation: Serious
29 CFR 1910.269(c): The briefing conducted by the person in charge did not cover the hazards associated with the job, work procedures involved and special precautions associated with the work to be performed.
a) For the work being conducted at the Tampa Electric Company, Gannon Station. Unit #6 Generator, the briefing that was conducted on the morning of April 8, 1999 did not effectively cover, or inform members of the maintenance crew of the following hazards associated with the job, or special precautions and work procedures associated with the job.
I ) During the briefing the crew was advised that the electricians were getting a good megger and that the generator had been released to them, when in fact the electricians were still in the process of meggering the generator and were in the process of preparing to conduct another meggering test at the time of the explosion. The briefing did not advise the maintenance crew that the electricians were conducting the meggering test with the generator containing a Hydrogen atmosphere.
2) The Outage Schedule for Unit #6 called for the generator to be purged at 00:00 hours on April 8, 1999. The purging operation was not conducted as scheduled and the morning briefing on April 8th did not inform the maintenance crew of the failure to purge the generator by the scheduled time and date.
3) Unit #6 was 13 (thirteen) days into the scheduled outage, at the time of the explosion, and the Hydrogen had not been purged from the generator. Normally the Hydrogen is purged from the generator following tagging and clearance from Palm River Operations, or about 2 or 3 days into the outage. The morning briefing on April 8th did not inform the crew or the experienced
maintenance mechanics which just arrived at the Gannon facility on the morning of April 8th, that the Hydrogen was in the generator for an extended period of time, or that the purging of the generator had failed to be performed by the date and time indicated on the outage schedule.
4) On April 8th, 1999, four experience maintenance mechanics joined the crew that was already working at the Gannon Unit #6. Upon their arrival at their work locations it was obvious that the Turbines and the Generator were in various stages of disassembly. In particular the disassembly and removal of the Doghouse at the North end of the Generator indicated to the experienced mechanics that the outage was well under way and that they could continue the dismantling of the equipment that they came there to work on. The Gannon #6 Generator Disassembly/Inspection Procedure indicates that the removal of the Doghouse is normally done after the Generator is purged of Hydrogen and Turbine oil pumps and Hydrogen seal oil pumps are tagged out.
The April 8th morning briefing did not inform the experienced mechanics, or any of the other crew members that there were deviation in the Generator Disassembly/Inspection Procedures, so nobody on the crew had any reason to suspect that Hydrogen was still in the Generator, or that any other special precautions were necessary.
U.S. Department of Labor
Occupational Safety and Health Administration
Inspection Number: 109212571 I
Inspection Dates: 04/08/1999-09/30/1999
Issuance Date: 10/07/1999
Citation and Notification of Penalty
Company Name: Tampa Electric Company
Inspection Site: TECO Gannon Station 3602 Port Sutton Road, Tampa, FL 33619
DOCUMENTED ABATEMENT VERIFICATION IS REQUIRED FOR THIS ITEM
Date By Which Violation Must be Abated: 10/20/1999
Proposed Penalty: $6300.00
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury resulting from an accident.
Citation l Item 2a
Type of Violation: Serious
29 CFR 1910.269(d)(2)(iv)(B): Procedures that have been developed documented, and used for control of potentially hazardous energy did not clearly and specifically outline the techniques and/or specific procedural steps for shutting down, isolating, blocking and securing machines or equipment to control hazardous energy:
a)For the Tampa Electric Company Gannon Station, Unit #6 Turbines and Generator, as of April 8th , 1999 energy control tagging procedures such as, but not specifically limited to, the 6A1 Tagging Guideline for the #6 Main Turbine Outage, and the 6A2 Tagging Guideline for the Gannon Unit No. 6 Generator, do not provide the procedural steps to be instituted or followed to achieve the desired state of shutting down, isolating, blocking and securing of machines or equipment prior to actual placement of the company’s Production Department Danger Hold Tagging Devices.
DOCUMENTED ABATEMENT VERIFICATION IS REQUIRED FOR THIS ITEM
Date By Which Violation Must be Abated: 11/09/1999
Proposed Penalty: $6300.00
U.S. Department of Labor
Occupational Safety and Health Administration
Inspection Number: 109212571
Inspection Dates: 04/08/1999-09/30/1999
Issuance Date: 10/07/1999
Citation and Notification of Penalty
Company Name: Tampa Electric Company
Inspection Site: TECO Gannon Station 3602 Port Sutton Road, Tampa, FL 33619
Citation 1 Item 2b
Type of Violation: Serious
29 CFR 1910.269(d)(2)(iv)(D): Procedures that have been developed documented, and used for control of potentially hazardous energy did not clearly and specifically outline the techniques and/or specific requirements for testing a machine or equipment to determine and verify the effectiveness of the energy control measures and tagout devices:
a) For the Tampa Electric Company, Gannon Station, Unit #6 Turbines and Generator, as of April 8, 1999 energy control tagging procedures such as, but not specifically limited to, the 6A1 Tagging Guideline for the #6 Main Turbine Outage and the 6A2 Tagging Guideline for the Gannon Unit No. 6 Generator, do not provide the specific requirements to be instituted and/or followed for testing a
machine or equipment to determine and verify the effectiveness of the energy control measures and the tagout devices.
DOCUMENTED ABATEMENT VERIFICATION IS REQUIRED FOR THIS ITEM.
Date By Which Violation Must be Abated: 11/09/1999
U.S. Department of Labor
Occupational Safety and Health Administration
Inspection Number: 109212571 I
Inspection Dates: 04/08/1999-09/30/1999
Issuance Date: 10/07/1999
Citation and Notification of Penalty
Company Name: Tampa Electric Company
Inspection Site: TECO Gannon Station 3602 Port Sutton Road, Tampa, FL 33619
Citation 1 Item 3
Type of Violation: Serious
29 CFR 1910.269(d)(2)(v): The employer did not conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the provisions of paragraph (d) of this section are being followed:
a) For the Tampa Electric Company, Gannon Station Facility, the employers established energy control program, which was in use on April 8, 1999, did not include the periodic inspection(s) of the energy control procedure(s) which are required to be conducted at least annually by and authorized employee who is not using the energy control procedure(s) that are being inspected.
As an alternative to the required periodic inspections, and required inspection certifications, the employer failed to provide sufficient documentation of normal work schedules an/or operation records which were said to contain the required information, and demonstrate that adequate inspection activity was conducted.
DOCUMENTED ABATEMENT VERIFICATION IS REQUIRED FOR THIS ITEM.
Date By Which Violation Must be Abated: 11/09/1999
Proposed Penalty: $6300.00
U.S. Department of Labor
Occupational Safety and Health Administration
Inspection Number: 109212571
Inspection Dates: 04/08/1999-09/30/1999
Issuance Date: 10/07/1999
Citation and Notification of Penalty
Company Name: Tampa Electric Company
Inspection Site: TECO Gannon Station 3602 Port Sutton Road, Tampa, FL 33619
Citation 1 Item 4
Type of Violation: Serious
29 CFR 1910.269(d)(8)(ii)(D): When servicing or maintenance was [performed by a crew each authorized employee did not affix as persona lockout or tagout device to the group lockout device, group lockbox, or comparable mechanism when he or she begins work, and each authorized employee did not remove those devices when he or she stops working on the machine or equipment that is being service or maintained:
a)For the Tampa Electric Company, Gannon Station Facility, Unit #6, authorized employees that were working on the morning of April 8, 1999, as part of the Energy Supply Maintenance Crew at Unit #6 were working under procedures that did not allow each authorized employee to affix a personal lockout or tagout device to the group lockout device or comparable mechanism when they begin their work. The procedure did not allow the authorized employees to remove a personal lockout or tagout device when they stopped working on the machine or equipment that was being serviced or maintained. The procedure that was in use on April 8, 1999, did not even require the supervisor in charge of the work to affix a personal lockout or tagout device because the Tagging operator is the person responsible for carrying out the actual tagging procedures in accordance with the Tagging Supervisors instructions.
DOCUMENTED ABATEMENT VERIFICATION IS REQUIRED FOR THIS ITEM.
Date By Which Violation Must be Abated: 11/09/1999
Proposed Penalty: $6300.00
Lawrence J. Falck
Area Director
GUIDELINES FOR PREPARING A NOTIFICATION OF CORRECTIVE ACTION
Notification of Corrective Action - For each violation which you do not contest, you are, required by 29 CFR 1903.19 to submit an Abatement Certification to the Area Director of the OSHA office issuing the citation and identified above. The certification must be sent by you within 10 calendar days of the abatement date indicated on the citation. For Willful and Repeat violations, documents (examples: photos, copies of receipts, training records, etc.) demonstrating that abatement is complete must accompany the certification. Where the citation is classified as Serious and the citations states that abatement documentation is required, documents such as those described above are required to be submitted, along with the abatement certificate. If the citation indicates that
the violation was corrected during the inspection, no abatement certification is required for that item.
All abatement verification documents must contain the following information: 1) Your name and address; 2) the inspection number (found on the front page); 3) the citation and citation item number(s) to which the submission relates; 4) a statement that the information is accurate; 5) the signature of the employer or
employer's authorized representative,; 6) The date the hazard was corrected; 7)
A brief statement of how the hazard was corrected; and 8) a statement that affected employees and their representatives have been informed by the abatement.
The law also requires a copy of all abatement verification documents, required 29 CFR 1903.19 to be sent to OSHA, also be posted at the location, where the violation appeared and the corrective action took place.
Inspection Activity Data
You should be aware that OSHA publishes information on its inspection and citation activity on the Internet under the provisions of the Electronic Freedom of Information Act. The information related to your inspection will be available 3O calendar days after the Citation Issuance Date. You are encouraged to review the information concerning your establishment at WWW.OSHA.GOV. If you have any dispute with the accuracy of the information displayed, please contact this office.
NOTE: NON-CERTIFICATION OF ABATEMENT CAN RESULT IN ADDITIONAL PENALTIES BEING
ASSESSED.
Please reply to the attention of Larry Barker
Tampa Electric Company
P.0. Box 111
Tampa, FL 33601-0111
The hazard reference in Inspection Number 109212571 for the violation identified as:
The hazard referenced in Inspection Number ____________________ for the violation identified as Citation _____________ and Item ________________ was corrected on by ____________________________________________________.
The hazard referenced in Inspection Number ____________________ for the violation identified as Citation _____________ and Item ________________ was corrected on by ____________________________________________________.
The hazard referenced in Inspection Number ____________________ for the violation identified as Citation _____________ and Item ________________ was corrected on by ____________________________________________________.
The hazard referenced in Inspection Number ____________________ for the violation identified as Citation _____________ and Item ________________ was corrected on by ____________________________________________________.
The hazard referenced in Inspection Number ____________________ for the violation identified as Citation _____________ and Item ________________ was corrected on by ____________________________________________________.
I attest that the information contained in this document is accurate and that the affected employees and their representatives have been informed of the abatement activities described in this Certification.
__________________________
Signature
__________________________
Typed or printed name
U.S. Department of Labor
Occupational Safety and Health Administration
Suite A
5807 Breckenridge Parkway
Tampa, FL 33610
Phone: 813-626-1177 FAX: 813-626-7015
INVOICE/DEBT COLLECTION NOTICE
Company Name: Tampa Electric company
Inspection Site: TECO Gannon Station, 3602 Port Sutton Rd., Tampa, FL 33619
Issuance Date: 10/07/1999
Summary of Penalties for Inspection Number 109212571
Citation 1, Serious = $ 25200.00
TOTAL PROPOSED PENALTIES = $ 25200.00
To avoid additional charges, please remit payment promptly to this Area Office for the amount of the uncontested penalties summarized above. Please make your check or money order payable to: "DOL-OSHA", and submit to 5807 Breckenridge Parkway, Suite A, Tampa, FL 33601-4249. Please indicate OSHA's Inspection Number (indicated above) on the remittance.
OSHA does not agree to any restrictions or endorsements put on any check or money order for less than full amount due, and will cash the check or money order as if these restrictions, conditions or endorsements do not exist.
Pursuant to the Debt Collection Act of 1982 Public Law 97-365) and regulations of the U.S. Department of Labor (29 CFR Part 20), the Occupational Safety and Health Administration is required to access interest, delinquent charges, and administrative costs for the collection of delinquent penalty debts for violations of Occupational Safety and Health Act.
Interest. Interest charges will be assessed by an annual rate determined by the Secretary of the Treasury on all penalty debt amounts not paid within one month (30 calendar days) of the date on which the debt amount becomes due and payable (penalty due date). The current interest rate is 3%. Interest will accrue from the date on which the penalty amounts (as proposed or adjusted) become a final order of the Occupational Safety and Health Review Commission that is, 15 working days of the receipt of the Citation and Notification of Penalty), unless you file a notice of contest. Interest charges will be waived if the full amount owed is paid within 30 calendar days of the final order.
Notification of Corrective Action - For each violation which you do not contest, you are required by 29 CFR 1903.19 to submit an Abatement Certification to the Area Director of the OSHA office issuing the citation and identified above. The certification must be sent by you within 10 calendar days of the abatement date indicated on the citation. For Willful and Repeat violations, documents (examples: photos, copies of receipts, training records, etc.) demonstrating that abatement is complete must accompany the certification. Where the citation is classified as Serious and the citations states that abatement documentation is required, documents such as those described above are required to be submitted along with the abatement certificate. If the Citation indicates that the violation was corrected during the inspection, no abatement certification is required for that item.
All abatement verification documents must contain the following information: 1) Your name and address; 2)the inspection number (found on the front page); 3) the citation and citation and citation item number(s) to which the submission relates; 4) a statement that the information is accurate; 5) the signature of the employer or employer's authorized representative; 6) the date the hazard was corrected; 7) a brief statement of how the hazard was corrected and 8) a statement that affected employees and their representatives have been informed of the abatement.
If you are considering a request for an informal conference to discuss any issues related to this Citation and Notification of Penalty, you must take care to schedule it early enough to allow time to contest after the informal conference, should you decide to do so. Please keep in mind that a written letter of intent to contest must be submitted to the Area Director within 15 working days of your receipt of this Citation. The running of this contest period is not interrupted by an informal conference.
If you decide to request an informal conference, please complete, remove and post the page 4 Notice to Employees next to this Citation and Notification of Penalty as soon as the time, date, and place of the informal conference have been determined. Be sure to bring to the conference any and all supporting documentation of existing conditions as well as any abatement steps taken thus far. If conditions warrant, we can enter into an informal settlement agreement, which amicably resolves this matter without litigation or contest.
Right to Contest - You have the right to contest this Citation and Notification of Penalty. You may contest all Citation items or only individual items. You may also contest proposed penalties and/or abatement dates without contesting the underlying violations. Unless you inform the Area Director in writing that you intend to contest the citation(s) and/or proposed penalty(ies) within 15 working days after receipt, the citation(s) and the proposed penalty(ies) will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency.
Penalty Payment - Penalties are due within 15 working days of receipt of this notification unless contested.(See the enclosed booklet and the additional information provided related to the Debt Collection Act of 1982.)Please make your check or money order payable "DOL-OSHA", and submit to 5807 Breckenridge Parkway, Suite A, Tampa, FL 33610-4249. Please indicate the Inspection Number on your remittance.
OSHA does not agree to any restrictions or conditions or endorsements put on any check or money order for less than the full amount due, and will cash the check or money order as if these restrictions, conditions, or endorsements do not exist.
Employer Discrimination Unlawful - The law prohibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes and he/she has been discriminated against may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor Area Office, at the address shown above.
Employer Rights and Responsibilities - The enclosed booklet (OSHA 3000) outlines additional employer rights and responsibilities and should be read in conjunction with this notification.
Notice to Employees - The law gives an employee or his/her representative the opportunity to object to any abatement date set for a violation if he/she 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 and postmarked within 15 working days (Excluding weekends and Federal holidays)of the receipt by the employer of this Citation and Notification of Penalty. Notification of Corrective Action - For each violation which you do not contest, you are required by 29 CFR 1903.19 to submit an Abatement Certification to the Area Director of the OSHA office issuing the citation and identified above. The certification must be sent by you within 10 calendar days of the abatement date indicated on the citation. For Willful and Repeat violations, documents (examples: photos, copies of receipts, training records, etc.) demonstrating that abatement is complete must accompany the certification. Where the citation is classified as Serious and the citations states that abatement documentation is required, documents such as those described above are required to be submitted along with the abatement certificate. If the Citation indicates that the violation was corrected during the inspection, no abatement certification is required for that item.
All abatement verification documents must contain the following information: 1) Your name and address; 2)the inspection number (found on the front page); 3) the citation and citation and citation item number(s) to which the submission relates; 4) a statement that the information is accurate; 5) the signature of the employer or employer's authorized representative; 6) the date the hazard was corrected; 7) a brief statement of how the hazard was corrected and 8) a statement that affected employees and their representatives have been informed of the abatement.
If you are considering a request for an informal conference to discuss any issues related to this Citation and Notification of Penalty, you must take care to schedule it early enough to allow time to contest after the informal conference, should you decide to do so. Please keep in mind that a written letter of intent to contest must be submitted to the Area Director within 15 working days of your receipt of this Citation. The running of this contest period is not interrupted by an informal conference.
If you decide to request an informal conference, please complete, remove and post the page 4 Notice to Employees next to this Citation and Notification of Penalty as soon as the time, date, and place of the informal conference have been determined. Be sure to bring to the conference any and all supporting documentation of existing conditions as well as any abatement steps taken thus far. If conditions warrant, we can enter into an informal settlement agreement, which amicably resolves this matter without litigation or contest.
Right to Contest - You have the right to contest this Citation and Notification of Penalty. You may contest all Citation items or only individual items. You may also contest proposed penalties and/or abatement dates without contesting the underlying violations. Unless you inform the Area Director in writing that you intend to contest the citation(s) and/or proposed penalty(ies) within 15 working days after receipt, the citation(s) and the proposed penalty(ies) will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency.
Penalty Payment - Penalties are due within 15 working days of receipt of this notification unless contested.(See the enclosed booklet and the additional information provided related to the Debt Collection Act of 1982.)Please make your check or money order payable "DOL-OSHA", and submit to 5807 Breckenridge Parkway, Suite A, Tampa, FL 33610-4249. Please indicate the Inspection Number on your remittance.
OSHA does not agree to any restrictions or conditions or endorsements put on any check or money order for less than the full amount due, and will cash the check or money order as if these restrictions, conditions, or endorsements do not exist.
Employer Discrimination Unlawful - The law prohibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes and he/she has been discriminated against may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor Area Office, at the address shown above.
Employer Rights and Responsibilities - The enclosed booklet (OSHA 3000) outlines additional employer rights and responsibilities and should be read in conjunction with this notification.
Notice to Employees - The law gives an employee or his/her representative the opportunity to object to any abatement date set for a violation if he/she 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 and postmarked within 15 working days (Excluding weekends and Federal holidays) of the receipt by the employer of this Citation and Notification of Penalty.
Delinquent charges. A debt is considered delinquent if it has not been paid within one month (30 calendar days) of the penalty due date or if a satisfactory payment arrangement has not been made. If debt remains delinquent for more than 90 calendar days, a delinquent charge of six percent (6%) per annum will be assessed accruing from the date that the debt became delinquent.
Administrative Costs. Agencies of the Department of Labor are required to access additional charges for the recovery of delinquent debts. These additional charges are administrative costs incurred by the Agency in its attempt to collect an unpaid debt. Administrative costs will be assessed for demand letters sent in an attempt to collect the unpaid debt.
Lawrence J. Falck
Area Director
NOTICE
The penalty assessed for this inspection already reflects reductions granted to the employer for Size, Good Faith and History.
The Original Penalty was: $28,000.00
The Reduced Penalty is: S25,200.00
