Power Plant Men Summoned by Department of Labor
Favorites Post #72
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 Meeting” 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.
Murrah Building before the bombing in 1995
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.. His replacement was killed in the bombing. Here he is Greg today as a full Marine Colonel:
Colonel Gregory T. Breazile
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. I figured that word had gone out from Tom Gibson that I talk a lot during long trips, and he just wanted some peace and quiet that morning.
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).
One of two General Policies and Procedures Binders
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.
Ron Kilman
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.
Robert B. Reich as he looked in 1994
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…
The Siege of the Branch Davidian Compound outside Waco Texas
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.
A copy of The Hopper Tracking Sheet
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.
Power Plant Christmas Story
Originally posted on December 21, 2012:
December, 1998 my brother who is now a full Colonel in the United States Marine Corp (and now has retired from the Marine Corp.). sent me the following poem about Santa Claus visiting a Marine on the night before Christmas. I, in turn, sat down and in about 30 minutes wrote a poem about Santa Claus visiting the house of a Power Plant Man. Words flowed out as easily as Ralph writing about his wish to have a Red Rider BB gun.
First, here is the Marine story, and then after that, you can read the one about Santa and the Power Plant Man. Notice the similarities….
I made the title for the Marine Poem a link to the website where I found a recent copy of the Marine Christmas Story:
Marine’s ‘Twas the night before Christmas
By Nathan Tabor
‘Twas the night before Christmas, he lived all alone,
in a one-bedroom house made of plaster and stone.
I had come down the chimney with presents to give
and to see just who in this home did live.
–
I looked all about, a strange sight I did see,
no tinsel, no presents, not even a tree.
–
No stocking by mantle, just boots filled with sand,
on the wall hung pictures of far distant lands.
–
With medals and badges, awards of all kinds,
a sober thought came through my mind.
–
For this house was different, it was dark and dreary;
I found the home of a soldier, once I could see clearly.
–
The soldier lay sleeping, silent, alone,
curled up on the floor in this one bedroom home.
–
The face was so gentle, the room in such disorder,
not how I pictured a United States soldier.
–
Was this the hero of whom I’d just read?
Curled up on a poncho, the floor for a bed?
–
I realized the families that I saw this night,
owed their lives to these soldiers who were willing to fight.
–
Soon round the world, the children would play,
and grownups would celebrate a bright Christmas Day.
–
They all enjoyed freedom each month of the year,
because of the soldiers, like the one lying here.
–
I couldn’t help wonder how many lay alone,
on a cold Christmas Eve in a land far from home.
–
The very thought brought a tear to my eye,
I dropped to my knees and started to cry.
–
The soldier awakened and I heard a rough voice,
“Santa don’t cry, this life is my choice;
–
I fight for freedom, I don’t ask for more,
my life is my God, my Country, my Corps.
–
“The soldier rolled over and drifted to sleep,
I couldn’t control it, I continued to weep.
–
I kept watch for hours, so silent and still
and we both shivered from the cold night’s chill.
–
I didn’t want to leave on that cold, dark night,
this guardian of honor so willing to fight.
–
Then the soldier rolled over, with a voice soft and pure,
whispered, “Carry on Santa, It’s Christmas Day, all is secure.
–
“One look at my watch, and I knew he was right.
“Merry Christmas my friend, and to all a good night!”
Semper Fi
And now for the story where Santa visits the Power Plant Man!!!
Merry Christmas Power Plant Men
by Kevin Breazile
Twas the night before Christmas, as I flew through the snow,
To a house full of kids, wife, dog and Jay Leno.
I came down the chimney with presents to share,
And to see what kind of he-man actually lived there.
I looked all about, and oh what a sight!
Four kids in their beds, without much of a fight!
A dirty pair of jeans, and a shirt full of holes,
Boots full of coal dust, worn shoestrings and soles.
A hardhat was hung by the chimney to dry,
With safety stickers, scratches, and earplugs nearby.
I felt that something was stirring in my chest,
And I knew that this man was different from the rest.
I had heard about men like this from watching Roseanne,
But now I was in the house of a Power Plant Man!
I looked down the hallway and what should I see,
A tool bag hanging behind the Christmas tree.
As I approached it to look at his shiny side cutters,
I heard a strange sound, like a motor that sputters.
There on the recliner laid back as far as it can,
Lay the worn body of the Power Plant Man!
The hole in his sock showed a big toe that was callous,
From trudging all day through his Power Plant Palace.
His face was unshaven, his clothes were a mess,
He needed a shower, of that I confess.
I knew through the nation all people could stay,
Warm in their houses, all night and all day.
From the power that hummed at the speed of light,
And silently flowed through the houses at night.
Day after day, and year after year,
Blizzards and storms with nothing to fear.
As the Power Plant Man lay on his chair fast asleep,
I thought about others like him that work just to keep,
Our world safe from the cold and the heat and the night,
By keeping us warm, or cool and in light.
I looked in my bag for a gift I could give,
To the Power Plant Man who helps others to live.
I found that nothing seemed quite enough,
For the Power Plant Man had all “The Right Stuff”.
As I looked through my bag for the perfect choice,
I suddenly heard a muffled cigarette voice.
The Power Plant Man had stirred with a shock,
And all that he said was, “just leave me some socks.”
Then he rolled on his side, and scratched his behind,
And a tear swelled in my eye that left me half blind,
I knew Power Plant Men were selfless inside.
They lived to serve others with courage and pride.
I pulled out some socks and put them under the tree,
Then I walked nimbly back to go up the chimney.
Before I rose to return to my sled,
I picked up his hardhat and placed it on my head.
It was then that I realized the soot on my brow,
Had come from his hardhat I put on just now.
I often get soot on my clothes and my face,
But tonight I had been blessed by the man in this place.
So as I flew through the night to finish my plan,
I took with me some of the soot from that Power Plant Man!
Simplify
Merry Christmas to all! And to all a Good Night!!!!
Power Plant Men Summoned by Department of Labor
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 Meeting” 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.
Murrah Building before the bombing in 1995
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 Marine Colonel:
Colonel Gregory T. Breazile
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).
One of two General Policies and Procedures Binders
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.
Ron Kilman
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.
Robet B. Reich as he looked in 1994
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…
The Siege of the Branch Davidian Compound outside Waco Texas
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.
A copy of The Hopper Tracking Sheet
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.
Power Plant Christmas Story
Originally posted on December 21, 2012:
December, 1998 my brother who is now a full Colonel in the United States Marine Corp. sent me the following poem about Santa Claus visiting a Marine on the night before Christmas. I, in turn, sat down and in about 30 minutes wrote a poem about Santa Claus visiting the house of a Power Plant Man. Words flowed out as easily as Ralph writing about his wish to have a Red Rider BB gun.
First, here is the Marine story, and then after that, you can read the one about Santa and the Power Plant Man. Notice the similarities….
I made the title for the Marine Poem a link to the website where I found a recent copy of the Marine Christmas Story:
Marine’s ‘Twas the night before Christmas
By Nathan Tabor
‘Twas the night before Christmas, he lived all alone,
in a one-bedroom house made of plaster and stone.
I had come down the chimney with presents to give
and to see just who in this home did live.
–
I looked all about, a strange sight I did see,
no tinsel, no presents, not even a tree.
–
No stocking by mantle, just boots filled with sand,
on the wall hung pictures of far distant lands.
–
With medals and badges, awards of all kinds,
a sober thought came through my mind.
–
For this house was different, it was dark and dreary;
I found the home of a soldier, once I could see clearly.
–
The soldier lay sleeping, silent, alone,
curled up on the floor in this one bedroom home.
–
The face was so gentle, the room in such disorder,
not how I pictured a United States soldier.
–
Was this the hero of whom I’d just read?
Curled up on a poncho, the floor for a bed?
–
I realized the families that I saw this night,
owed their lives to these soldiers who were willing to fight.
–
Soon round the world, the children would play,
and grownups would celebrate a bright Christmas Day.
–
They all enjoyed freedom each month of the year,
because of the soldiers, like the one lying here.
–
I couldn’t help wonder how many lay alone,
on a cold Christmas Eve in a land far from home.
–
The very thought brought a tear to my eye,
I dropped to my knees and started to cry.
–
The soldier awakened and I heard a rough voice,
“Santa don’t cry, this life is my choice;
–
I fight for freedom, I don’t ask for more,
my life is my God, my Country, my Corps.
–
“The soldier rolled over and drifted to sleep,
I couldn’t control it, I continued to weep.
–
I kept watch for hours, so silent and still
and we both shivered from the cold night’s chill.
–
I didn’t want to leave on that cold, dark night,
this guardian of honor so willing to fight.
–
Then the soldier rolled over, with a voice soft and pure,
whispered, “Carry on Santa, It’s Christmas Day, all is secure.
–
“One look at my watch, and I knew he was right.
“Merry Christmas my friend, and to all a good night!”
Semper Fi
And now for the story where Santa visits the Power Plant Man!!!
Merry Christmas Power Plant Men
by Kevin Breazile
Twas the night before Christmas, as I flew through the snow,
To a house full of kids, wife, dog and Jay Leno.
I came down the chimney with presents to share,
And to see what kind of he-man actually lived there.
I looked all about, and oh what a sight!
Four kids in their beds, without much of a fight!
A dirty pair of jeans, and a shirt full of holes,
Boots full of coal dust, worn shoestrings and soles.
A hardhat was hung by the chimney to dry,
With safety stickers, scratches, and earplugs nearby.
I felt that something was stirring in my chest,
And I knew that this man was different from the rest.
I had heard about men like this from watching Roseanne,
But now I was in the house of a Power Plant Man!
I looked down the hallway and what should I see,
A tool bag hanging behind the Christmas tree.
As I approached it to look at his shiny side cutters,
I heard a strange sound, like a motor that sputters.
There on the recliner laid back as far as it can,
Lay the worn body of the Power Plant Man!
The hole in his sock showed a big toe that was callous,
From trudging all day through his Power Plant Palace.
His face was unshaven, his clothes were a mess,
He needed a shower, of that I confess.
I knew through the nation all people could stay,
Warm in their houses, all night and all day.
From the power that hummed at the speed of light,
And silently flowed through the houses at night.
Day after day, and year after year,
Blizzards and storms with nothing to fear.
As the Power Plant Man lay on his chair fast asleep,
I thought about others like him that work just to keep,
Our world safe from the cold and the heat and the night,
By keeping us warm, or cool and in light.
I looked in my bag for a gift I could give,
To the Power Plant Man who helps others to live.
I found that nothing seemed quite enough,
For the Power Plant Man had all “The Right Stuff”.
As I looked through my bag for the perfect choice,
I suddenly heard a muffled cigarette voice.
The Power Plant Man had stirred with a shock,
And all that he said was, “just leave me some socks.”
Then he rolled on his side, and scratched his behind,
And a tear swelled in my eye that left me half blind,
I knew Power Plant Men were selfless inside.
They lived to serve others with courage and pride.
I pulled out some socks and put them under the tree,
Then I walked nimbly back to go up the chimney.
Before I rose to return to my sled,
I picked up his hardhat and placed it on my head.
It was then that I realized the soot on my brow,
Had come from his hardhat I put on just now.
I often get soot on my clothes and my face,
But tonight I had been blessed by the man in this place.
So as I flew through the night to finish my plan,
I took with me some of the soot from that Power Plant Man!
Simplify
Merry Christmas to all! And to all a Good Night!!!!
Power Plant Men Summoned by Department of Labor
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.
Murrah Building before the bombing in 1995
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:
Colonel Gregory T. Breazile
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).
One of two General Policies and Procedures Binders
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.
Ron Kilman
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.
Robet B. Reich as he looked in 1994
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…
The Siege of the Branch Davidian Compound outside Waco Texas
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.
A copy of The Hopper Tracking Sheet
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.
Power Plant Christmas Story
Originally posted on December 21, 2012:
December, 1998 my brother who is now a full Colonel in the United States Marine Corp. sent me the following poem about Santa Claus visiting a Marine on the night before Christmas. I, in turn, sat down and in about 30 minutes wrote a poem about Santa Claus visiting the house of a Power Plant Man. Words flowed out as easily as Ralph writing about his wish to have a Red Rider BB gun.
First, here is the Marine story, and then after that, you can read the one about Santa and the Power Plant Man. Notice the similarities….
I made the title for the Marine Poem a link to the website where I found a recent copy of the Marine Christmas Story:
Marine’s ‘Twas the night before Christmas
By Nathan Tabor
‘Twas the night before Christmas, he lived all alone,
in a one-bedroom house made of plaster and stone.
I had come down the chimney with presents to give
and to see just who in this home did live.
–
I looked all about, a strange sight I did see,
no tinsel, no presents, not even a tree.
–
No stocking by mantle, just boots filled with sand,
on the wall hung pictures of far distant lands.
–
With medals and badges, awards of all kinds,
a sober thought came through my mind.
–
For this house was different, it was dark and dreary;
I found the home of a soldier, once I could see clearly.
–
The soldier lay sleeping, silent, alone,
curled up on the floor in this one bedroom home.
–
The face was so gentle, the room in such disorder,
not how I pictured a United States soldier.
–
Was this the hero of whom I’d just read?
Curled up on a poncho, the floor for a bed?
–
I realized the families that I saw this night,
owed their lives to these soldiers who were willing to fight.
–
Soon round the world, the children would play,
and grownups would celebrate a bright Christmas Day.
–
They all enjoyed freedom each month of the year,
because of the soldiers, like the one lying here.
–
I couldn’t help wonder how many lay alone,
on a cold Christmas Eve in a land far from home.
–
The very thought brought a tear to my eye,
I dropped to my knees and started to cry.
–
The soldier awakened and I heard a rough voice,
“Santa don’t cry, this life is my choice;
–
I fight for freedom, I don’t ask for more,
my life is my God, my Country, my Corps.
–
“The soldier rolled over and drifted to sleep,
I couldn’t control it, I continued to weep.
–
I kept watch for hours, so silent and still
and we both shivered from the cold night’s chill.
–
I didn’t want to leave on that cold, dark night,
this guardian of honor so willing to fight.
–
Then the soldier rolled over, with a voice soft and pure,
whispered, “Carry on Santa, It’s Christmas Day, all is secure.
–
“One look at my watch, and I knew he was right.
“Merry Christmas my friend, and to all a good night!”
Semper Fi
And now for the story where Santa visits the Power Plant Man!!!
Merry Christmas Power Plant Men
by Kevin Breazile
Twas the night before Christmas, as I flew through the snow,
To a house full of kids, wife, dog and Jay Leno.
I came down the chimney with presents to share,
And to see what kind of he-man actually lived there.
I looked all about, and oh what a sight!
Four kids in their beds, without much of a fight!
A dirty pair of jeans, and a shirt full of holes,
Boots full of coal dust, worn shoestrings and soles.
A hardhat was hung by the chimney to dry,
With safety stickers, scratches, and earplugs nearby.
I felt that something was stirring in my chest,
And I knew that this man was different from the rest.
I had heard about men like this from watching Roseanne,
But now I was in the house of a Power Plant Man!
I looked down the hallway and what should I see,
A tool bag hanging behind the Christmas tree.
As I approached it to look at his shiny side cutters,
I heard a strange sound, like a motor that sputters.
There on the recliner laid back as far as it can,
Lay the worn body of the Power Plant Man!
The hole in his sock showed a big toe that was callous,
From trudging all day through his Power Plant Palace.
His face was unshaven, his clothes were a mess,
He needed a shower, of that I confess.
I knew through the nation all people could stay,
Warm in their houses, all night and all day.
From the power that hummed at the speed of light,
And silently flowed through the houses at night.
Day after day, and year after year,
Blizzards and storms with nothing to fear.
As the Power Plant Man lay on his chair fast asleep,
I thought about others like him that work just to keep,
Our world safe from the cold and the heat and the night,
By keeping us warm, or cool and in light.
I looked in my bag for a gift I could give,
To the Power Plant Man who helps others to live.
I found that nothing seemed quite enough,
For the Power Plant Man had all “The Right Stuff”.
As I looked through my bag for the perfect choice,
I suddenly heard a muffled cigarette voice.
The Power Plant Man had stirred with a shock,
And all that he said was, “just leave me some socks.”
Then he rolled on his side, and scratched his behind,
And a tear swelled in my eye that left me half blind,
I knew Power Plant Men were selfless inside.
They lived to serve others with courage and pride.
I pulled out some socks and put them under the tree,
Then I walked nimbly back to go up the chimney.
Before I rose to return to my sled,
I picked up his hardhat and placed it on my head.
It was then that I realized the soot on my brow,
Had come from his hardhat I put on just now.
I often get soot on my clothes and my face,
But tonight I had been blessed by the man in this place.
So as I flew through the night to finish my plan,
I took with me some of the soot from that Power Plant Man!
Simplify
Merry Christmas to all! And to all a Good Night!!!!
Power Plant Men Summoned by Department of Labor
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 sever 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.
Murrah Building before the bombing in 1995
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:
Colonel Gregory T. Breazile
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).
One of two General Policies and Procedures Binders
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.
Ron Kilman
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.
Robet B. Reich as he looked in 1994
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…
The Siege of the Branch Davidian Compound outside Waco Texas
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 when 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.
A copy of The Hopper Tracking Sheet
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.
Power Plant Christmas Story — Repost
‘Twas the night before Christmas, he lived all alone,
in a one-bedroom house made of plaster and stone.
and to see just who in this home did live.
Twas the night before Christmas, as I flew through the snow,
To a house full of kids, wife, dog and Jay Leno.
I came down the chimney with presents to share,
And to see what kind of he-man actually lived there.
I looked all about, and oh what a sight!
Four kids in their beds, without much of a fight!
A dirty pair of jeans, and a shirt full of holes,
Boots full of coal dust, worn shoestrings and soles.
A hardhat was hung by the chimney to dry,
With safety stickers, scratches, and earplugs nearby.
I felt that something was stirring in my chest,
And I knew that this man was different from the rest.
I had heard about men like this from watching Roseanne,
But now I was in the house of a Power Plant Man!
I looked down the hallway and what should I see,
A tool bag hanging behind the Christmas tree.
As I approached it to look at his side cutters,
I heard a strange sound, like a motor that sputters.
There on the recliner laid back as far as it can,
Lay the worn body of the Power Plant Man!
The hole in his sock showed a big toe that was callous,
From trudging all day through his Power Plant Palace.
His face was unshaven, his clothes were a mess,
He needed a shower, of that I confess.
I knew through the nation all people could stay,
Warm in their beds, through the night and the day.
From the power that hummed at the speed of light,
And silently flowed through the houses at night.
Day after day, and year after year,
Blizzards and storms with nothing to fear.
As the Power Plant Man lay on his chair fast asleep,
I thought about others like him that work just to keep,
Our world safe from the cold and the heat and the night,
By keeping us warm, or cool and in light.
I looked in my bag for a gift I could give,
To the Power Plant Man who helps others to live.
I found that nothing seemed quite enough,
For the Power Plant Man had all “The Right Stuff”.
As I looked through my bag for the perfect choice,
I suddenly heard a muffled cigarette voice.
The Power Plant Man had stirred with a shock,
And all that he said was, “just leave me some socks.”
Then he rolled on his side, and scratched his behind,
And a tear swelled in my eye that left me half blind,
And I knew that the Power Plant Man was selfless inside.
He lived to serve others with courage and with pride.
I pulled out some socks and put them under the tree,
Then I walked nimbly back to go up the chimney.
Before I rose to return to my sled,
I picked up his hardhat and placed it on my head.
It was then that I realized the soot on my brow,
Had come from his hardhat I put on just now.
I often get soot on my clothes and my face,
But tonight I had been blessed by the man in this place.
So as I flew through the night to finish my plan,
I took with me some of the soot from that Power Plant Man!
Simplify
Merry Christmas to all! And to all a Good Night!!!!
Power Plant Men Summoned by Department of Labor
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 sever 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 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.
Murrah Building before the bombing in 1995
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:
Colonel Gregory T. Breazile
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 they told us how we should act during the meeting with OSHA. They didn’t tell us to do anything wrong, like withhold information. They 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).
One of two General Policies and Procedures Binders
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.
Ron Kilman
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.
Robet B. Reich as he looked in 1994
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…
The Siege of the Branch Davidian Compound outside Waco Texas
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 Jack 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. Jack, 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.”
Jack (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 when 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.
A copy of The Hopper Tracking Sheet
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.
Power Plant Christmas Story — Repost
‘Twas the night before Christmas, he lived all alone,
in a one-bedroom house made of plaster and stone.
and to see just who in this home did live.
Merry Christmas Power Plant Men
Twas the night before Christmas, as I flew through the snow,
To a house full of kids, wife, dog and Jay Leno.
I came down the chimney with presents to share,
And to see what kind of he-man actually lived there.
I looked all about, and oh what a sight!
Four kids in their beds, without much of a fight!
A dirty pair of jeans, and a shirt full of holes,
Boots full of coal dust, worn shoestrings and soles.
A hardhat was hung by the chimney to dry,
With safety stickers, scratches, and earplugs nearby.
I felt that something was stirring in my chest,
And I knew that this man was different from the rest.
I had heard about men like this from watching Roseanne,
But now I was in the house of a Power Plant Man!
I looked down the hallway and what should I see,
A tool bag hanging behind the Christmas tree.
As I approached it to look at his side cutters,
I heard a strange sound, like a motor that sputters.
There on the recliner laid back as far as it can,
Lay the worn body of the Power Plant Man!
The hole in his sock showed a big toe that was callous,
From trudging all day through his Power Plant Palace.
His face was unshaven, his clothes were a mess,
He needed a shower, of that I confess.
I knew through the nation all people could stay,
Warm in their beds, through the night and the day.
From the power that hummed at the speed of light,
And silently flowed through the houses at night.
Day after day, and year after year,
Blizzards and storms with nothing to fear.
As the Power Plant Man lay on his chair fast asleep,
I thought about others like him that work just to keep,
Our world safe from the cold and the heat and the night,
By keeping us warm, or cool and in light.
I looked in my bag for a gift I could give,
To the Power Plant Man who helps others to live.
I found that nothing seemed quite enough,
For the Power Plant Man had all “The Right Stuff”.
As I looked through my bag for the perfect choice,
I suddenly heard a muffled cigarette voice.
The Power Plant Man had stirred with a shock,
And all that he said was, “just leave me some socks.”
Then he rolled on his side, and scratched his behind,
And a tear swelled in my eye that left me half blind,
And I knew that the Power Plant Man was selfless inside.
He lived to serve others with courage and with pride.
I pulled out some socks and put them under the tree,
Then I walked nimbly back to go up the chimney.
Before I rose to return to my sled,
I picked up his hardhat and placed it on my head.
It was then that I realized the soot on my brow,
Had come from his hardhat I put on just now.
I often get soot on my clothes and my face,
But tonight I had been blessed by the man in this place.
So as I flew through the night to finish my plan,
I took with me some of the soot from that Power Plant Man!
Simplify
Merry Christmas to all! And to all a Good Night!!!!
Power Plant Men 