Originally posted August 30, 2014.
When a death or a near death occurs at a workplace due to an accident, OSHA Occupational Safety and Health Administration) will investigate what happened. There are two reasons for this. If they find that the company has been negligent in following the safety regulations set down in CFR 1910, then they are fined (if the negligence is severe enough). OSHA also investigates the accident to see if changes are needed to regulations in order to protect employees due to new unsafe workplace conditions that are not currently covered under CFR 1910.
Because of the tragedy that happened at our plant that I outlined in the post: “Tragedy Occurs During Power Plant Safety Committee” and after I had met with the OSHA man (Gerald Young) to give him my deposition as discussed in the post last week: “The OSHA Man Cometh“, the plant manager, the assistant plant manager, and I were summoned to the Department of Labor building in Oklahoma City at 10 o’clock on Monday April 18, 1994.
On a side note:
The Department of Labor office in Oklahoma City is just a couple of blocks from the Murrah Federal Building that was bombed exactly one year and one day after our visit on April 19, 1995. Not that there was any connection.
I mentioned this because I went to the Murrah building later that day after the meeting with OSHA to meet my brother for lunch. He was working there in the Marine Recruiting office at the time. I think he was a Major then. He changed jobs in June 1994 and moved to Washington D.C. I think. His replacement was killed in the bombing. Here he is Greg today as a full Colonel:
End of Side Note:
I was asked by Ron Kilman our plant manager to show up at 9:00 am on Monday in the building south of our main corporate headquarters where we rented office space to meet with the guys from our own Safety Department because they were required to attend the OSHA meeting with us. The Department of Labor building was just across the parking lot and across the street from this building, so we planned to walk from there.
I drove myself because Ron said he had other meetings to attend in Oklahoma City after this meeting was over and he wouldn’t be driving back to the plant. That was why I arranged to have lunch with my brother.
When we met with the Corporate Safety Department Jack Cox told us how we should act during the meeting with OSHA. He didn’t tell us to do anything wrong, like withhold information. He just told us to answer all the questions as truthfully as we could. Don’t offer any information that isn’t directly asked by OSHA. Don’t argue with them if you disagree.
From what I understood from the conversation, we were supposed to be polite, truthful and don’t waste their time going down a rat hole with specifics. I was told that I shouldn’t have to say anything and I should be quiet unless I was asked a specific question. The Safety department would answer all the questions and make any statements that need to be made. I was assured by them that I had nothing to be worried about. I only needed to tell the truth if asked anything.
If you know my personality, I always want to throw in my 2 cents, even when I know it is wasted on the audience. But I took this seriously. We were going to be fined by OSHA for 10 different violations relating to the accident that occurred at the plant. I was there because I was directly in charge of the work that was being done when the accident occurred. It was my deposition that was used to determine about half of the violations.
After we had been briefed on how we should behave during the meeting, as a group we walked from the corporate building over to the Department Of Labor building. One of the safety guys was carrying a few binders. I think one was the company’s Policies and Procedures book (We called it the GP&P).
Upon entering the building we went to the 3rd floor where we were asked to wait in a room until OSHA was ready for the meeting. The room had a long table down the middle. As usual, I picked a seat about halfway down on one side. I remember Ron Kilman sitting across from me and about 2 seats down.
We waited and we waited….. 10:00 came and went, and no one came. We quietly discussed whether this was to make us more nervous by keeping us waiting. Then someone came to the door and apologized. They said that Robert B. Reich, the U.S. Secretary of Labor was in the office that day and that had thrown off everyone’s schedule.
This was quite a coincidence, and we wondered if Robert B. Reich (it seems like you need to put the B in his name in order to say it right) would be attending our meeting. That would sort of throw a whole new importance of me keeping my mouth shut to make sure I wasn’t putting my foot in it.
It seemed as if Mr. Reich had shown up unexpectedly. Or at least on short notice. Almost as if it was a surprise visit to check up on the place. He didn’t end up coming to our meeting. Now that I think about it. This was one day shy of being one year to the date that the Branch Davidians had burned themselves alive in Waco, which was one year and one day before the Murrah Building Bombing three blocks away from where we were sitting that morning. Aren’t coincidences interesting? Just saying…
More about why Robert B. Reich was there further below.
Around 10:30 four or five OSHA lawyers (I assume they were lawyers, they talked like they were), came in the room along with the Jerry that had interviewed me a few weeks earlier. They apologized again for being late due to the arrival of their “supreme” boss. They sort of sat at one end of the room and the people from our company was more on the other end. Jerry, the OSHA man, sat next to me in the middle.
I was saying a mantra to myself…. “Don’t say anything… just keep quiet and listen…. don’t say anything… just keep quiet and listen.
The meeting began by the Lady at the end of the table reading off the violations to us. I don’t remember all 10. I remember the most important violations. They mainly centered around the new Confined Space section of 1910. It was 1910.146 that dealt with confined spaces and it had gone into affect April 1, 1993, almost one year before the accident happened. Generally, OSHA gives companies about a year to comply to the new regulations, which kind of put us right on the edge since the accident at our plant had occurred on March 3, 1994.
Because of this, some of the violations were quickly removed. That lowered the number down to 6 violations right away. That was good. No one from our company had said a word yet, and already the OSHA lawyers seemed to be on our side. Then they read off a violation that said that our company had not implemented the required Confined Space Program as outlined in CFR 1910.146.
This was when our Safety Department leader, Jack Cox. said that we would like to contest that violation, because here is the company policy manual that shows that we implemented the Confined Space Program before the end of the year.
One of the OSHA lawyers responded by saying that we had not fully implemented it because we had not trained the employees how to follow the policy. When he made that statement, Ron Kilman contested it. He had a stack of papers that showed that each of the employees at the plant had taken the training and had signed a paper saying they had read the policy. Not only that, but the person that was hurt was not a company employee, they were an outside vendor who was hired by the company to vacuum out the hoppers.
The OSHA man said that just because they took the course did not mean that they were properly trained. Ron asked how do you know they weren’t properly trained. The OSHA man replied, “Because they didn’t follow all the rules. If they had, no one would have been hurt.” — What do you say to that? You can tell we weren’t properly trained because someone was hurt? I suppose that the OSHA rules were written in such a way that if you followed them to the letter, no matter what kind of mechanical failure happens, no one will be hurt. I could see the frustration on Ron’s face.
I was a little amused by Ron’s statement though because Jack Cox had told us to just let them answer all the questions and the first seemingly absurd thing the OSHA man had said, Ron had addressed. — I smiled and said to myself…. “Don’t say anything… just keep quiet and listen…”
One of the violations was that we didn’t have a Confined Space Rescue Team. That was true, we didn’t. There was something in the regulations that said, if a rescue team could arrive in a reasonable time from somewhere else, we didn’t have to have our own rescue team…. Well, we lived 20 miles from the nearest fire station equipped with a Confined Space Rescue team. So, there was that…. That was a legitimate violation.
The next violation was that we didn’t have a rescue plan for every confined space in the plant and each confined space was not clearly marked with a Confined Space sign. This was a legitimate violation.
The next violation was that we hadn’t coordinated efforts between different work groups working in confined spaces together. This was clearly stated in the regulations…. — Oh oh. that was me… I think I was mid-mantra when I heard that one. I had just said to myself… “…anything….just keep….” when I heard this violation. I stopped muttering to myself and immediately forgot that I was supposed to keep quiet.
I said, “But wait a minute. We did coordinate between the three groups that were working in the confined spaces. I was coordinating that. I had posted a sheet on a beam in the middle of the hopper area where the accident occurred where the Brown and Root contractors, and the vacuum truck contractors knew what hoppers were still full and which were safe to enter. I kept the sheet updated each day and so did the vacuum truck workers. They indicated when they had finished vacuuming out a hopper, and I would inspect it from above. When I deemed it safe, the Brown and Root contractors could enter the space. The accident occurred because one of the vacuum truck workers entered the confined space while still cleaning it out and before I had inspected it to make sure it was safe.”
Jerry (the OSHA man that had interviewed me turned and said, “Oh. I didn’t know that. Do you still have that piece of paper?” — Incredibly, I did. About a week after all the vacuuming had finished and all the hoppers were safe, I was walking through the hopper area under the precipitator where I found the paper with the duct tape still on it laying on the grating. Without realizing the importance, I picked it up and brought it back to the janitor closet behind the electric shop that we now used as a “Precipitator Fly Ash Cleanup Room”. I had laid it on a shelf there. The lawyers said, “Send us the original sheet and we will drop this violation.
Here is a copy of the piece of paper. The big black splotch at the top is what duct tape looks like when you make a copy of it.
Well, that worked out good. I had stepped out of line by opening my mouth before I had been asked a question, but everything worked out all right.
The final verdict was that we had four violations. We had to re-train our employees on Confined Spaces. We had to create a Confined Space Rescue Team. We had to put the correct signs on all of the confined spaces and we had to develop rescue plans for all of the confined spaces on the plant grounds. If we did that by August 1, 1994, the four remaining violations which amounted to a $40,000 fine would all be dropped. So, we had our work cut out for us. This not only impacted our plant, but all the Power Plants. The meeting was adjourned.
I already told you what I did after the meeting (I went and ate lunch with my brother). But I haven’t mentioned yet why Robert B. Reich had made a surprise visit to the Department of Labor building in Oklahoma City on April 18.
As it turned out, that morning, Labor Secretary Reich had come to Oklahoma City to hand deliver a $7.5 million fine to Dayton Tire Company. This was due to an accident that had resulted in a man, Bob L. Jullian, being crushed by a piece of machinery in the tire plant. He died a week and a half later at the age of 53.
Robert B. Reich had become so angry when he had studied the case on Friday that he wanted to hand deliver the citation himself the following Monday. That is how we ended up in the building at the same time on Monday, April 18, 1994. We resolved our dispute with OSHA on a congenial note and the citations were dropped on August 1. Dayton, however, was still fighting the conviction 18 years later, eventually paying around a $2 million penalty.
Now you know the rest of the story. Well, almost. Like I said, we had a lot of work to do in the next three and a half months.