11150 PENALTIES issue. CICATION and NOTIFICATIU JF PENALTY 41/78 '15327 025 100 PAYL10X TULLD DNO ST INICION I ARLA PACE 2101 TKI AVVE, SUITL 403 02 4 of 6 INSPECTION DATE: 7/6/78 - 3/23/79 INSPECTION SITE: Gulbbs tova, NJ THE LAW REQUIRES that copy of this Citation be posted immediately in a promi nent place at or near the location of the vio lation's) cited below. The Citation must remain posted until the violations cited be Gibbstoin, 03027 low have been corrected, o for 3 working Atta: R. Y. Bayer, Manager days (excluding weekends and Federal halin days) whichever is longer. This citation describes violations of the Occupational Salery and Health Act of 1970. The penaltylies) listed below are bored on these violations. You must correct the violations relerred 10 in this citation by the dates listed below and pay the penalties proposed, unless within 15 working days (excluding weekends and Federal holidays) from your receipt of this citation and penalty you mail notice of contest to the U.S. Department of Labor Aru Office at the address shown above. (See the enclosed booklet which outines your responsibilities and courses of action and should be rund in conjunction with this form.) . DATE BY WHICH ITEM NUMBER VIOLATION MUST STANDARD. REGULATION OR SECTION OF THE ACT VIOLATED: DESCRIPTION BE CORRECTED 5(a) 4/20/79 29 CFR 1910.1001(f)(2)(ii): The airborne asbestos bonitoring schedule vas not of sufficient frequency and pattern as to represent with reasonable accuracy the levels of eaployee exposure to airtorne asbestos fibers: This Section May PENALTY 8,000 a) Toroughout the plant when craftsmes vere practice, oor did it represent 4/20/79 5(b) a) Torougboat the plant ven craftssen vere 6 a) Dupont Repando Plant - cocplete and accurate nibio discrimination by an employer against an employee for AREA DIRECTOR ON LAST ILFRI D. ALLE DURE, PAR NOTICE TO EMPLOYEES -The law gives an employee or his EMPLOYER SISCRIMINATION UNLAWFUL -The law pro. :TOTAL PENALT FOR THIS representative the opportunity to object to any abatement date CITATION xi for a violation if he believes the date to be unreasonable. filing a complaint or for exercising any rights under this Act. Malecheci o. More The contest must be mailed to the U.S. Deparment of Labor An empioyee who believes that he has been discriminated Older Poyable to Arta Ottice at the address shown above within 15 working days against may file a complaint no later inan 30 days after the "DOL OSHA Indicale OSHAN iexcluding weekends and Federal holidays) of the receipt by discrimination with the U.S. Deparment of Labor Area Office on Remittance the employer of this citation and penalty. at the address shown above. OSHA Z REV. 5/76 -נכי 73 79' 1150 PENALTIES is: INICIO 1. PAGE 2101 TRY AVDUL, SUITE 403 02 5 or 6 (609) 757-781/82 INSPECTION DATE: 7/6/78 - 3/23/79 INSPECTION SITE: Glbbstora, NU THE LAW REQUIRES that copy of thus Citation be posted immediately in a promi nent place at or nea: the location of the vio lationis cited below. The Citation must remain posted until the violations cited be Gibbstovo, NU OBOZ7 low have been corrected, or for 3 working Atta: R. V. Bayer, Manager days lencluding weekends and Frderal holin c days) whichever is longer. - 15 citation describes violations of the Occupononal Setery and Health Act of 1970. The penaltylies) listed below we besed on these violation. i su must correct the violations referred to in this citation by the date listed below and pay the penalties proposed, uniew within 15 working days sluding weekends and Federal holidays from your receipt of this citation and penalty you mail a notice of contest to the U.S. Deowtment of 1.-201 Area Orice at the address shown above. (See the enclosed booklet which oudines your responsibilities and courses of action and should be 3 in conjunction with this form] DATE BY WHICH EM NUMBER VIOLATION MUST NDARD. GEGULATION OR SECTION OF THE ACT VIOLATED: DESCRIPTION BE CORRECTED This Section May PENALTY in the following areas: (a) three reproducible :- CFR 1910.1001(1)(6)(ii): Records of all medical examinations of Sployees engaged in occupations exposed to airborne levels of asbestos fibers were not made available to authorized persons: a) DuPont Repaimo Plant - medical records Section 5(2)(1) of the Occupational Safety and Bealth Act of 1970: ploeat and a place of employzent which were free free recognized 1:22:2rds cuasing or likely to cause death or serious physical barn scployees vere not provided, in that the employer did not adequately correlate and evaluate the Dedical test results of cap oyees in accordance with standard sedical practice, nor was apo ropriate action taken by the sployer regarding notification of the isvolved oployees coocerning these results. Specifically: AREA DIRECTOR ON LAST ARRY D. ALSDORF, PIGE TICE TO EMPLOYEES -The law gives an employee or his EMPLOYER DISCRIMINATION UNLAWFUL - The law pro. :TOTAL PENALTY -presentative the opportunity to object to any abatement date FOR THIS hibits discsathination by an employer against an employee for ! for a violation if he believes the date to be unreasonable. CITATION filing a complaint or for exercising any rights under this Act. Molecheck or Money ne contest must be mailed to the U.S. Department of Labor An employee who believes that he has been discriminated Oder Pavabie to: Sea Office at the address own above within 15 working days against may file a complaint no later than 30 days after the "O0L OSHA excluding weekends and Federal holidays) of the recept by discrimination with the U.S. Department of Labor Area Office Indicate OSMA NO. on Remittana ne employer of this citation and penalty. at the address shown above. ::PLOYER RESPONSIBILITIES AND COURSES OF ACTION - The enclosed booklet outlines employer responsibilities and ourses of action and should be read in conjunction with this notification. CITATION AND NOTIFICATION OF PENALTY ... OSHA 2 REV. 576 1750 13 vec.ritIONALSÁSurinn minn kursimald's 63.3 325 RECIOU FACE 2101 FLKY AFLUE, SUITE 403 02 6 (609) 757-3781/82 INSPECTION DATE: 7/6/78 - 3/28/79 INSPECTION SITE: abbstova, NJ TO: E. I. DuPont de Neuroury and co., Inc. THE LAW REQUIRES that · copy of this Citation be posted immediately in promi nent place at or near the location of the vio tationis cited below. Repauno Avenue The Citation mur remain posted until the violations cited be Gibbstown, NJ 03027 low have been corrected, or for 3 working R. N. Bayer, Manager days lencluding weekends and Federal holin drys) whichever is longer. This ciution describes violations of the Occupational Safety and Health Act of 1970. The penalty lies) listed below are based on these violations, You must correct the violations rolerred to in this citation by the dates listed below and pay the penalties proposed, unless within 15 working days excluding weekends and Federal holidays) from your receipt of this citation and penalty you mail notice of content to the U.S. Department of Abor Are Office at the address shown above. (See the enclosed booklet which oudines your responsibilities and courses of kuion and should be *lad in conjunction with this form.) DATE BY WHICH ITEM NUMBER VIOLATION MUST STANDARD, REGULATION OR SECTION OF THE ACT VIOLATED: DESCRIPTION BE CORRECTED : PENALTIES ARE OVE This Section May Atta: PENALTY a) Esployer failed to correlate the This data, d) Toe administration and organization, AREA DIRECTOR $63,000 NOTICE TO EMPLOYEES -The law gives an employee or his EMPLOYER DISCRIMINATION UNLAWFUL – The law pro OTAL PENA representative the opportunity to object to any abatement date hibits discrimination by an employer against an employee for FOR THIS CITATION set for a violation if he believes the date to be unreasonable. filing a complaint or for exercising any rights under this Act. MakecheckON The contest must be mailed to the U.S. Department of Labor An employee who believes that he has been discriminated Orde. Parabi Area Office at the address shown above within 15 working days against may file : complaint no later than 30 days after the -DOL OSM Indicale OSM (excluding weekends and Federal holidays) of the receipt by discrimination with the U.S. Department of Labor Area Office on Aemilia the employer of this citation and penalty. at ine address shown above. OSHA Z REV. 5/76 Mr. FRANK. Thank you. Let me say with regard to the injury questions, it has been my experience that trying to focus on more than one major point at a time in a hearing is more than we can deal with, so we simply-we weren't intending to say that there was no problem there, simply that that is a matter which we will look at separately. As we looked into this, the problem in the illness area seemed to us to be- Mr. FRUMIN. Right. Mr. FRANK [continuing]. So grave that we wanted to focus on it. I don't think what we intended was to pass judgment in one way or the other on the injury thing and no inferences should be drawn from what I think we said one way or the other. With regard to the illness thing, I share the sense of the witnesses that it was a discouraging performance embarked on by the administration witnesses. What we got was uniformity that there is a terrible problem, but nobody really seems to be planning to do very much serious work on it. It is a business as usual approach to this kind of situation, and I said, it would be my intention for the committee report to be fairly specific here about things that ought to be done and it may even be that we need legislation. One of the things I would like your view on is that we are going to continue to have this problem until somebody is given some very specific responsibility here. People have pieces of it and we can force them to do more of it, or we can try-but I am still Mr. FRUMIN. I think the authority exists already. You don't have to amend the act to administer it properly and enforce it properly. It is not just that they are not doing anything. They are doing things. They are doing the wrong things. They are doing the bad things. BLS proposes a quality assurance program that is a whitewash waiting for a painter. OSHA actively discourages- Mr. FRANK. The problem with the quality assurance program, in particular, didn't seem to me, as I read it, to have very much to do with the illness question at all. It had to do with Mr. FRUMIN. It absolutely could. The point I am trying to make is that the studies that we have referred to in our testimony are studies which were based upon existing illness and injury data currently in the workplace, and a quality assurance program which takes that data seriously, as the act- Mr. FRANK. Let me focus just on illness. Mr. FRANK. Your view is that there is now collected by employers illness-related data that is useful that is not now being taken into account? Mr. FRUMIN. Table 1 to my testimony reprints a table from a 1984 study on injury and illness data from two auto manufacturing plants. Let's just take a look at that for a second. Table 1 is after the references. It would be on page 13. Now, we have plant A and plant B that are both auto parts plants. Acute trauma, the first category listed, is for injuries. Cumulative trauma disorders are illnesses and that is the way they would be categorized by OSHA and NIOSH or even the BLS. I afraid that Dr. Norwood would have to admit we do have a definition of "illnesses." Mr. FRANK. She used it herself. Mr. FRUMIN. Yes. Now, let's take a look. This is a 1984 report based upon a study that was, I am sure, done within the last 2 years. These are not the number of but rather actual cases; it is the number of cases per hundred worker years. The incidence rate of these cumulative trauma disorders at plant A was .03 cases per hundred worker years. If you look at the medical cases, which was based on the plant medical files and are all from the existing data in the plant-it was 2.03. That is about a hundredfold increase. If you look at plant B, the next column, the incidence rate based on the cases listed on the log was .15 cases per hundred worker years. If you look at the medical cases from the plant medical records, it was 13.98, also bout a hundredfold increase. Now, for injuries, which was acute trauma, the one above, the increase was about a fivefold increase in both plants. So the point I am getting at is, whether you are looking at injuries or illnesses, the gap is greater for illnesses, obviously, than for injuries, but for either one, existing data in the plant shows you that if you look beyond the log, and if you look beyond the workers' compensation records and you send in a physician who knows how to look at a medical record and make some determination about what it says about the worker's health and whether their health problems are related to their work or caused by their work, we can find out a lot. But right now, the BLS and OSHA and NIOSH don't plan to do that. Mr. FRANK. Thank you. The reference to medical cases would include, I would assume both those that were occupational and those that may not have been or is that- Mr. FRUMIN. No, no, this is only occupational illnesses they are talking about here. Mr. FRANK. When they talk about "cumulative trauma disorders" here, “medical cases,” that is only those that are caused bythat are occupationally caused? Mr. FRUMIN. In the opinion of these investigators, yes. Mr. FRUMIN. This was the University of Michigan School of Public Health. They have done a lot of these studies. Let me talk to Mr. McKernan for a second. The last time I was here, I talked to you about the workers' compensation problems in Maine at the Bass and the Health Tex Companies. The problems we have had there were exactly these types of disorders, cumulative trauma disorders, soft tissue injuries, and it is these types of injuries for which the chairman of CheeseboroPonds has been going around the State telling everybody that workers are being overcompensated: If only we could make the benefit structure in Maine comparable to what it is in Virginia and Alabama, then we wouldn't have this great differential and the workers in Maine wouldn't be getting a free ride. Well, Dr. Fine, the author of this article, looked at a Health Tex plant in Virginia and he found not from the plant medical a a |
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