Tag Archives: contractors

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

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

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

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

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

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

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

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.

Early Morning Power Plant Wake Up Call

Originally posted May 30, 2014:

Unlike the story I told a few weeks ago about Jim Padgett, this is not a story about being called to work in the middle of the night by a true Power Plant Man (See post: “Making A Friends from Foes – A Tale of Power Plant Woes“) or even like the story that explained the “Power Plant Black Time and the Six Hour Rule“. No. This is a quick story about a sobering slap in the face I encountered when walking into the electric shop one morning at the Coal-fired Power Plant in North Central Oklahoma.

I think this must have been when I was on someone’s short list for a “Power Plant Joke”, or maybe I just hadn’t been paying attention a month earlier when Bill Bennett may have informed me that this morning was coming. Either way, I was totally taken off guard when I entered the shop that morning with Scott Hubbard, my Carpooling buddy.

The first indication that something was up was that there were three contract hands standing there dressed in their worn clothing indicating that they had been hired to do some kind of “manual” activity. Yep. Worn jeans with holes. Shirts slightly ripped. One guy missing the sleeves on his shirt. I think one of them had accidentally taken a shower before he showed up.  He may have mixed up his Mondays and Saturdays and woke up grumpy on Saturday and took a shower on Monday.

None of the contract hands had thought about shaving for the past week or so. So, they definitely looked out of place in the shop usually occupied by professional Power Plant Electricians, who liked to keep themselves clean and generally followed good hygiene practices.

My first thought was, “Hmm…. Looks like there is some dirty job someone has to do in the shop today. I wonder what it is.” I walked into the electric shop to wait until 8:00 to come around. Bill Bennett was leaning against one of the desks talking to Charles Foster. I asked Bill, “What’s up with the Contractors?”

Bill replied, “They are here to help you.” “What am I going to be doing?” I asked curiously. “You know. Pulling wire from the Vital Service Panel to the Telephone Room in the main office.” “Oh. That.” I replied trying to remember if I could recall ever being told that I was supposed to be inheriting this particular job.

The last time I had felt like this was when I was in High School and our American History teacher told us that the semester class projects were due tomorrow and he continued to explain that we would be presenting the projects in alphabetical order. “Which means that Kevin Breazile. You will be going first.”

Side Story Time:

Class Project? Oh No! I had forgotten all about it! I was supposed to write a paper about the Roadway system in the United States, including how we were preparing to go to the Metric System.” (Like that ever happened… This was in 1976).

So, after school I went straight home and told my mom that I needed to go to the Public Library to prepare for a class project that needed to be done tomorrow. At the library I quickly grabbed a bunch of facts out of encyclopedias. I made up a few statistics about how many miles of roads there were in the United States.

Then once I was back at home, I thought about the roads in the U.S. Well, there were dirt roads, gravel roads, asphalt roads, and roads made of concrete. So. I filled a jar with dirt. One with some rocks I found out in the street. I found a piece of asphalt that had worked itself loose at the intersection by my house. I also found a chunk of concrete under our deck in the backyard where we had busted up our patio once to pour a new one…. These were my props for my presentation.

I remembered that on the way from Kansas City To Columbia Missouri along Highway 70, there was a sign that said, 100 Miles or 160 Kilometers to Columbia. There was also one just outside Saint Louis going to Columbia that said the same thing. So, I added that to my presentation. This met the requirement of how the roadways were moving to the metric system.

When the presentation began, I began handing the jars to someone in the front row to pass around the class….. Yeah. A jar of dirt. A jar of rocks, and a piece of asphalt and the chunk of concrete. I remember our teacher, Mr. Wright grabbed the chunk of Concrete when I gave it to the guy in the front row and looking it over, then pointing to a spot on it and saying, “I can see the skid marks here where I almost hit you!”

Anyway. I ended the presentation by taking the chunk of concrete after it had been passed around the class and holding it up and saying that if we continued to create roads at the same pace that we have over the last 60 years, by the year 2076 the world will look like this…. And I held up the chunk of concrete. — Of course.. I had totally made that statistic up out of thin air. — I got an A+ for that project which was worth 1/3 of our grade for the semester.

End of side story.

So, here I was again, fourteen years later, and I was being told that I had a crew of guys standing out in the shop waiting for directions on how to pull cable from the Logic room just below the control room, across the T-G building and into the middle of the Office building on the top floor. Even though the Office was on the 3rd floor, it was equivalent to the 6th floor of an office building.

From experience, I knew that the cable would have to be pulled from the logic room down to the cable spreading room below the main Switchgear, through two manholes, then up through conduit to the office area above the break room kitchen and over to the Telephone room.

I had done nothing to prepare for this. I hadn’t looked through the blueprints to find the best route. I hadn’t even seen the large spool of wire on the pallet in the Main Switchgear waiting to be used. I hadn’t even prepared myself by looking confident like I knew what I was doing….

Bill walked out the door leaving me in the office with Charles. I wasn’t sure if Charles could tell that I was completely blind-sided by this job or not. But he did give me a quick “leg up”. He said, “Seems to me that there is already power going from the VSP (for Vital Services Panel) to the Telephone room.”

Well. I already knew that I was really lucky. Especially when I asked Saint Anthony to help me find a solution to a problem. So, I quickly glanced over in the corner where Saint Anthony liked to lean against the wall while he waited for me to come to my senses and have some faith. In my mind I could see Anthony shrug like, “sounds like you might give it a try.”

St. Anthony of Padua

St. Anthony of Padua

So, I walked… no… I strolled out into the shop like I belonged there….. — Oh… yeah. I did. But at that particular moment I didn’t feel like it, so I thought maybe if I walked like I felt like I did, it would help me feel that way.

I asked Scott Hubbard if he could help me check to see if we had power in the Telephone Room from the Vital Services Panel. He said he would be glad to help (this was Scott’s usual response. — A True Power Plant Man Response).

Scott Hubbard

Scott Hubbard

I asked him to go the Telephone room while I went to the Vital Service Panel for Unit 1 in the Logic Room. Scott took his handy Dandy Voltage Checking Tool and headed off toward the Office area.

 

Electric Voltage Tester

Electric Voltage Tester

I headed for the Logic Room with a pair of Fuse Pullers:

 

Bussman Fuse Pullers

Bussman Fuse Pullers

The Vital Service Panel is mounted on the wall next to the UPS (Uninterruptible Power Supply). I opened it and read the labels inside of the cover. After scanning the list of locations that were fed from this panel I found one that could have been the one circuit I was looking for.

It was cryptically labelled in pencil “Telephone Room”. Hmmm…. I wonder if this is it… My mind had quick as a snap decrypted this entry and came up with “Telephone room”. — That sure sounds like this would provide power to the Telephone room. Let’s just hope that it is labelled correctly.

I waited until Scott called me on the gray phone to tell me that he was in place by the Telephone room. He had checked all of the receptacles (plug ins) in the room, and they all had power on them.

Gaitronics Gray Phone

Gaitronics Gray Phone

I told him that I would remove the fuse to the circuit that looked like it provided power to the telephone room, so in about 15 seconds, he could check to see if any of the receptacles was dead. So, we did just that. I removed the fuse….. — My first thought was…. Good. I didn’t trip the unit. I would have known that right away. — You never know… pulling a fuse out of a panel labelled “Vital Services Panel” kind of leaves you to believe that the stuff in this panel is really really important.

A small fuse block like this.

A smaller fuse block than one in the VSP

I went back to the gray phone and waited for Scott to get back on the phone. About 15 more seconds and Scott returned. He told me that the power had turned off on one of the receptacles on the wall. I told him I was going to put the fuse back in and head up to the telephone room so that he could show me where it was.

Literally 20 minutes after I had been jolted awake by the revelation that I was supposed to lead a crew of contractors on a wire pull that I had not prepared for, I had found out that the wire was already there. No wire pull was necessary.

Scott showed me where the receptacle was, and we walked back to the electric shop. Bill Bennett was standing in the shop wondering where I had disappeared to (oops. ended the sentence with a preposition. I should know better than that. I should have said, “….where I went.”). I was still wondering in the back of my head if I had just completely forgot that Bill had ever told me about this, or maybe he had forgotten to mention it in the first place, or he had not told me on purpose just to see how I would react to the sudden revelation that I had a semi-difficult job with no time to prepare for it.

I waited for Bill to follow me into the electric shop office. Which he did. Standing there with as straight of a face as I could muster, I looked at Bill as he asked me when I was going to start pulling the wire. The Contractors are just standing around doing nothing.

I said, “The job is already done. The wire has already been pulled.” “What do you mean? It’s still in the switchgear on the pallet.” Bill responded. I shrugged and said, “We don’t need to pull wire from the Vital Services Panel. There is already a circuit from that panel to the telephone room.” I looked over at Charles and smiled. Charles smiled back. Bill said something like, “Oh… Then I wonder what we are going to do with these contractors. We have them for three days.” Then he left the office.

Charles Foster

Charles Foster

I thought that somehow Charles knew something about my being “setup for some kind of failure” and had this up his sleeve all along so that it would backfire. — Just my luck. With three of my best friends standing there, how could I fail…. Charles Foster, Scott Hubbard and Saint Anthony.

We had the contractors sweep out switchgears for the next 3 days.

Comment from the original Post

  1. inavukic June 1, 2014

    St Anthony of Padua never fails us if we believe in him, he has never let me down 🙂 Enjoyed your post

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

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

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

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

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

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

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

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.

Early Morning Power Plant Wake Up Call

Originally posted May 30, 2014:

Unlike the story I told a few weeks ago about Jim Padgett, this is not a story about being called to work in the middle of the night by a true Power Plant Man (See post: “Making A Friends from Foes – A Tale of Power Plant Woes“) or even like the story that explained the “Power Plant Black Time and the Six Hour Rule“. No. This is a quick story about a sobering slap in the face I encountered when walking into the electric shop one morning at the Coal-fired Power Plant in North Central Oklahoma.

I think this must have been when I was on someone’s short list for a “Power Plant Joke”, or maybe I just hadn’t been paying attention a month earlier when Bill Bennett may have informed me that this morning was coming. Either way, I was totally taken off guard when I entered the shop that morning with Scott Hubbard, my Carpooling buddy.

The first indication that something was up was that there were three contract hands standing there dressed in their worn clothing indicating that they had been hired to do some kind of “manual” activity. Yep. Worn jeans with holes. Shirts slightly ripped. One guy missing the sleeves on his shirt. I think one of them had accidentally taken a shower before he showed up.  He may have mixed up his Mondays and Saturdays and woke up grumpy on Saturday and took a shower on Monday.

None of the contract hands had thought about shaving for the past week or so. So, they definitely looked out of place in the shop usually occupied by professional Power Plant Electricians, who liked to keep themselves clean and generally followed good hygiene practices.

My first thought was, “Hmm…. Looks like there is some dirty job someone has to do in the shop today. I wonder what it is.” I walked into the electric shop to wait until 8:00 to come around. Bill Bennett was leaning against one of the desks talking to Charles Foster. I asked Bill, “What’s up with the Contractors?”

Bill replied, “They are here to help you.” “What am I going to be doing?” I asked curiously. “You know. Pulling wire from the Vital Service Panel to the Telephone Room in the main office.” “Oh. That.” I replied trying to remember if I could recall ever being told that I was supposed to be inheriting this particular job.

The last time I had felt like this was when I was in High School and our American History teacher told us that the semester class projects were due tomorrow and he continued to explain that we would be presenting the projects in alphabetical order. “Which means that Kevin Breazile. You will be going first.”

Side Story Time:

Class Project? Oh No! I had forgotten all about it! I was supposed to write a paper about the Roadway system in the United States, including how we were preparing to go to the Metric System.” (Like that ever happened… This was in 1976).

So, after school I went straight home and told my mom that I needed to go to the Public Library to prepare for a class project that needed to be done tomorrow. At the library I quickly grabbed a bunch of facts out of encyclopedias. I made up a few statistics about how many miles of roads there were in the United States.

Then once I was back at home, I thought about the roads in the U.S. Well, there were dirt roads, gravel roads, asphalt roads, and roads made of concrete. So. I filled a jar with dirt. One with some rocks I found out in the street. I found a piece of asphalt that had worked itself loose at the intersection by my house. I also found a chunk of concrete under our deck in the backyard where we had busted up our patio once to pour a new one…. These were my props for my presentation.

I remembered that on the way from Kansas City To Columbia Missouri along Highway 70, there was a sign that said, 100 Miles or 160 Kilometers to Columbia. There was also one just outside Saint Louis going to Columbia that said the same thing. So, I added that to my presentation. This met the requirement of how the roadways were moving to the metric system.

When the presentation began, I began handing the jars to someone in the front row to pass around the class….. Yeah. A jar of dirt. A jar of rocks, and a piece of asphalt and the chunk of concrete. I remember our teacher, Mr. Wright grabbed the chunk of Concrete when I gave it to the guy in the front row and looking it over, then pointing to a spot on it and saying, “I can see the skid marks here where I almost hit you!”

Anyway. I ended the presentation by taking the chunk of concrete after it had been passed around the class and holding it up and saying that if we continued to create roads at the same pace that we have over the last 60 years, by the year 2076 the world will look like this…. And I held up the chunk of concrete. — Of course.. I had totally made that statistic up out of thin air. — I got an A+ for that project which was worth 1/3 of our grade for the semester.

End of side story.

So, here I was again, fourteen years later, and I was being told that I had a crew of guys standing out in the shop waiting for directions on how to pull cable from the Logic room just below the control room, across the T-G building and into the middle of the Office building on the top floor. Even though the Office was on the 3rd floor, it was equivalent to the 6th floor of an office building.

From experience, I knew that the cable would have to be pulled from the logic room down to the cable spreading room below the main Switchgear, through two manholes, then up through conduit to the office area above the break room kitchen and over to the Telephone room.

I had done nothing to prepare for this. I hadn’t looked through the blueprints to find the best route. I hadn’t even seen the large spool of wire on the pallet in the Main Switchgear waiting to be used. I hadn’t even prepared myself by looking confident like I knew what I was doing….

Bill walked out the door leaving me in the office with Charles. I wasn’t sure if Charles could tell that I was completely blind-sided by this job or not. But he did give me a quick “leg up”. He said, “Seems to me that there is already power going from the VSP (for Vital Services Panel) to the Telephone room.”

Well. I already knew that I was really lucky. Especially when I asked Saint Anthony to help me find a solution to a problem. So, I quickly glanced over in the corner where Saint Anthony liked to lean against the wall while he waited for me to come to my senses and have some faith. In my mind I could see Anthony shrug like, “sounds like you might give it a try.”

St. Anthony of Padua

St. Anthony of Padua

So, I walked… no… I strolled out into the shop like I belonged there….. — Oh… yeah. I did. But at that particular moment I didn’t feel like it, so I thought maybe if I walked like I felt like I did, it would help me feel that way.

I asked Scott Hubbard if he could help me check to see if we had power in the Telephone Room from the Vital Services Panel. He said he would be glad to help (this was Scott’s usual response. — A True Power Plant Man Response).

Scott Hubbard

Scott Hubbard

I asked him to go the Telephone room while I went to the Vital Service Panel for Unit 1 in the Logic Room. Scott took his handy Dandy Voltage Checking Tool and headed off toward the Office area.

 

Electric Voltage Tester

Electric Voltage Tester

I headed for the Logic Room with a pair of Fuse Pullers:

 

Bussman Fuse Pullers

Bussman Fuse Pullers

The Vital Service Panel is mounted on the wall next to the UPS (Uninterruptible Power Supply). I opened it and read the labels inside of the cover. After scanning the list of locations that were fed from this panel I found one that could have been the one circuit I was looking for.

It was cryptically labelled in pencil “Telephone Room”. Hmmm…. I wonder if this is it… My mind had quick as a snap decrypted this entry and came up with “Telephone room”. — That sure sounds like this would provide power to the Telephone room. Let’s just hope that it is labelled correctly.

I waited until Scott called me on the gray phone to tell me that he was in place by the Telephone room. He had checked all of the receptacles (plug ins) in the room, and they all had power on them.

Gaitronics Gray Phone

Gaitronics Gray Phone

I told him that I would remove the fuse to the circuit that looked like it provided power to the telephone room, so in about 15 seconds, he could check to see if any of the receptacles was dead. So, we did just that. I removed the fuse….. — My first thought was…. Good. I didn’t trip the unit. I would have known that right away. — You never know… pulling a fuse out of a panel labelled “Vital Services Panel” kind of leaves you to believe that the stuff in this panel is really really important.

A small fuse block like this.

A smaller fuse block than one in the VSP

I went back to the gray phone and waited for Scott to get back on the phone. About 15 more seconds and Scott returned. He told me that the power had turned off on one of the receptacles on the wall. I told him I was going to put the fuse back in and head up to the telephone room so that he could show me where it was.

Literally 20 minutes after I had been jolted awake by the revelation that I was supposed to lead a crew of contractors on a wire pull that I had not prepared for, I had found out that the wire was already there. No wire pull was necessary.

Scott showed me where the receptacle was, and we walked back to the electric shop. Bill Bennett was standing in the shop wondering where I had disappeared to (oops. ended the sentence with a preposition. I should know better than that. I should have said, “….where I went.”). I was still wondering in the back of my head if I had just completely forgot that Bill had ever told me about this, or maybe he had forgotten to mention it in the first place, or he had not told me on purpose just to see how I would react to the sudden revelation that I had a semi-difficult job with no time to prepare for it.

I waited for Bill to follow me into the electric shop office. Which he did. Standing there with as straight of a face as I could muster, I looked at Bill as he asked me when I was going to start pulling the wire. The Contractors are just standing around doing nothing.

I said, “The job is already done. The wire has already been pulled.” “What do you mean? It’s still in the switchgear on the pallet.” Bill responded. I shrugged and said, “We don’t need to pull wire from the Vital Services Panel. There is already a circuit from that panel to the telephone room.” I looked over at Charles and smiled. Charles smiled back. Bill said something like, “Oh… Then I wonder what we are going to do with these contractors. We have them for three days.” Then he left the office.

Charles Foster

Charles Foster

I thought that somehow Charles knew something about my being “setup for some kind of failure” and had this up his sleeve all along so that it would backfire. — Just my luck. With three of my best friends standing there, how could I fail…. Charles Foster, Scott Hubbard and Saint Anthony.

We had the contractors sweep out switchgears for the next 3 days.

Comment from the original Post

  1. inavukic June 1, 2014

    St Anthony of Padua never fails us if we believe in him, he has never let me down 🙂 Enjoyed your post

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

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

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

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

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

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

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

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 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

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

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

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

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

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

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

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.

Early Morning Power Plant Wake Up Call

Originally posted May 30, 2014:

Unlike the story I told a few weeks ago about Jim Padgett, this is not a story about being called to work in the middle of the night by a true Power Plant Man (See post: “Making A Friends from Foes – A Tale of Power Plant Woes“) or even like the story that explained the “Power Plant Black Time and the Six Hour Rule“. No. This is a quick story about a sobering slap in the face I encountered when walking into the electric shop one morning at the Coal-fired Power Plant in North Central Oklahoma.

I think this must have been when I was on someone’s short list for a “Power Plant Joke”, or maybe I just hadn’t been paying attention a month earlier when Bill Bennett may have informed me that this morning was coming. Either way, I was totally taken off guard when I entered the shop that morning with Scott Hubbard, my Carpooling buddy.

The first indication that something was up was that there were three contract hands standing there dressed in their worn clothing indicating that they had been hired to do some kind of “manual” activity. Yep. Worn jeans with holes. Shirts slightly ripped. One guy missing the sleeves on his shirt. I think one of them had accidentally taken a shower before he showed up.  He may have mixed up his Mondays and Saturdays and woke up grumpy on Saturday and took a shower on Monday.

None of the contract hands had thought about shaving for the past week or so. So, they definitely looked out of place in the shop usually occupied by professional Power Plant Electricians, who liked to keep themselves clean and generally followed good hygiene practices.

My first thought was, “Hmm…. Looks like there is some dirty job someone has to do in the shop today. I wonder what it is.” I walked into the electric shop to wait until 8:00 to come around. Bill Bennett was leaning against one of the desks talking to Charles Foster. I asked Bill, “What’s up with the Contractors?”

Bill replied, “They are here to help you.” “What am I going to be doing?” I asked curiously. “You know. Pulling wire from the Vital Service Panel to the Telephone Room in the main office.” “Oh. That.” I replied trying to remember if I could recall ever being told that I was supposed to be inheriting this particular job.

The last time I had felt like this was when I was in High School and our American History teacher told us that the semester class projects were due tomorrow and he continued to explain that we would be presenting the projects in alphabetical order. “Which means that Kevin Breazile. You will be going first.”

Side Story Time:

Class Project? Oh No! I had forgotten all about it! I was supposed to write a paper about the Roadway system in the United States, including how we were preparing to go to the Metric System.” (Like that ever happened… This was in 1976).

So, I went straight home and told my mom that I needed to go to the Public Library to prepare for a class project that needed to be done tomorrow. At the library I quickly grabbed a bunch of facts out of encyclopedias. I made up a few statistics about how many miles of roads there were in the United States.

Then once I was back at home, I thought about the roads in the U.S. Well, there were dirt roads, gravel roads, paved roads, and roads made of concrete. So. I filled a jar with dirt. One with some rocks I found out in the street. I found a piece of pavement that had worked itself loose at the intersection by my house. I also found a chunk of concrete under our deck in the backyard where we had busted up our patio once to pour a new one…. These were my props for my presentation.

I remembered that on the way from Kansas City To Columbia Missouri along Highway 70, there was a sign that said, 100 Miles or 160 Kilometers to Columbia. There was also one just outside Saint Louis going to Columbia that said the same thing. So, I added that to my presentation. This met the requirement of how the roadways were moving to the metric system.

When the presentation began, I began handing the jars to someone in the front row to pass around the class….. Yeah. A jar of dirt. A jar of rocks, and a piece of pavement and the chunk of concrete. I remember our teacher, Mr. Wright grabbed the chunk of Concrete when I gave it to the guy in the front row and looking it over, then pointing to a spot on it and saying, “I can see the skid marks here where I almost hit you!”

Anyway. I ended the presentation by taking the chunk of concrete after it had been passed around the class and holding it up and saying that if we continued to create roads at the same pace that we have over the last 60 years, by the year 2076 the world will look like this…. And I held up the chunk of concrete. — Of course.. I had totally made that statistic up out of thin air. — I got an A+ for that project which was worth 1/3 of our grade for the semester.

End of side story.

So, here I was again, fourteen years later, and I was being told that I had a crew of guys standing out in the shop waiting for directions on how to pull cable from the Logic room just below the control room, across the T-G building and into the middle of the Office building on the top floor. Even though the Office was on the 3rd floor, it was equivalent to the 6th floor of an office building.

From experience, I knew that the cable would have to be pulled from the logic room down to the cable spreading room below the main Switchgear, through two manholes, then up through conduit to the office area above the break room kitchen and over to the Telephone room.

I had done nothing to prepare for this. I hadn’t looked through the blueprints to find the best route. I hadn’t even seen the large spool of wire on the pallet in the Main Switchgear waiting to be used. I hadn’t even prepared myself by looking confident like I knew what I was doing….

Bill walked out the door leaving me in the office with Charles. I wasn’t sure if Charles could tell that I was completely blind-sided by this job or not. But he did give me a quick “leg up”. He said, “Seems to me that there is already power going from the VSP (for Vital Services Panel) to the Telephone room.”

Well. I already knew that I was really lucky. Especially when I asked Saint Anthony to help me find a solution to a problem. So, I quickly glanced over in the corner where Saint Anthony liked to lean against the wall while he waited for me to come to my senses and have some faith. In my mind I could see Anthony shrug like, “sounds like you might give it a try.”

St. Anthony of Padua

St. Anthony of Padua

So, I walked… no… I strolled out into the shop like I belonged there….. — Oh… yeah. I did. But at that particular moment I didn’t feel like it, so I thought maybe if I walked like I felt like I did, it would help me feel that way.

I asked Scott Hubbard if he could help me check to see if we had power in the Telephone Room from the Vital Services Panel. He said he would be glad to help (this was Scott’s usual response. — A True Power Plant Response).

Scott Hubbard

Scott Hubbard

I asked him to go the Telephone room while I went to the Vital Service Panel for Unit 1 in the Logic Room. Scott took his handy Dandy Voltage Checking Tool and headed off toward the Office area.

 

Electric Voltage Tester

Electric Voltage Tester

I headed for the Logic Room with a pair of Fuse Pullers:

 

Bussman Fuse Pullers

Bussman Fuse Pullers

The Vital Service Panel is mounted on the wall next to the UPS (Uninterruptible Power Supply). I opened it and read the labels inside of the cover. After scanning the list of locations that were fed from this panel I found one that could have been the one circuit I was looking for.

It was cryptically labelled “Telephone Room”. Hmmm…. I wonder if this is it… My mind had quick as a snap decrypted this entry and came up with “Telephone room”. — That sure sounds like this would provide power to the Telephone room. Let’s just hope that it is labelled correctly.

I waited until Scott called me on the gray phone to tell me that he was in place by the Telephone room. He had checked all of the receptacles (plug ins) in the room, and they all had power on them.

Gaitronics Gray Phone

Gaitronics Gray Phone

I told him that I would remove the fuse to the circuit that looked like it provided power to the telephone room, so in about 15 seconds, he could check to see if any of the receptacles was dead. So, we did just that. I removed the fuse….. — My first thought was…. Good. I didn’t trip the unit. I would have known that right away. — You never know… pulling a fuse out of a panel labelled “Vital Services Panel” kind of leaves you to believe that the stuff in this panel is really really important.

A small fuse block like this.

A smaller fuse block than one in the VSP

I went back to the gray phone and waited for Scott to get back on the phone. About 15 more seconds and Scott returned. He told me that the power had turned off on one of the receptacles on the wall. I told him I was going to put the fuse back in and head up to the telephone room so that he could show me where it was.

Literally 20 minutes after I had been jolted awake by the revelation that I was supposed to lead a crew of contractors on a wire pull that I had not prepared for, I had found out that the wire was already there. No wire pull was necessary.

Scott showed me where the receptacle was, and we walked back to the electric shop. Bill Bennett was standing in the shop wondering where I had disappeared to (oops. ended the sentence with a preposition. I should know better than that. I should have said, “….where I went.”). I was still wondering in the back of my head if I had just completely forgot that Bill had ever told me about this, or maybe he had forgotten to mention it in the first place, or he had not told me on purpose just to see how I would react to the sudden revelation that I had a semi-difficult job with no time to prepare for it.

I waited for Bill to follow me into the electric shop office. Which he did. Standing there with as straight of a face as I could muster, I looked at Bill as he asked me when I was going to start pulling the wire. The Contractors are just standing around doing nothing.

I said, “The job is already done. The wire has already been pulled.” “What do you mean? It’s still in the switchgear on the pallet.” Bill responded. I shrugged. “We don’t need to pull wire from the Vital Services Panel. There is already a circuit from that panel to the telephone room.” I looked over at Charles and smiled. Charles smiled back. Bill said something like, “Oh… Then I wonder what we are going to do with these contractors. We have them for three days.” Then he left the office.

Charles Foster

Charles Foster

I thought that somehow Charles knew something about my being “setup for some kind of failure” and had this up his sleeve all along so that it would backfire. — Just my luck. With three of my best friends standing there, how could I fail…. Charles Foster, Scott Hubbard and Saint Anthony.

Comment from the original Post

  1. inavukic June 1, 2014

    St Anthony of Padua never fails us if we believe in him, he has never let me down 🙂 Enjoyed your post

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

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

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

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

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

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

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

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.

Early Morning Power Plant Wake Up Call

Unlike the story I told a few weeks ago about Jim Padgett, this is not a story about being called to work in the middle of the night by a true Power Plant Man (See post:  “Making A Friends from Foes – A Tale of Power Plant Woes“) or even like the story that explained the “Power Plant Black Time and the Six Hour Rule“.  No.  This is a quick story about a sobering slap in the face I encountered when walking into the electric shop one morning at the Coal-fired Power Plant in North Central Oklahoma.

I think this must have been when I was on someone’s short list for a “Power Plant Joke”, or maybe I just hadn’t been paying attention a month earlier when Bill Bennett may have informed me that this morning was coming.  Either way, I was totally taken off guard when I entered the shop that morning with Scott Hubbard, my Carpooling buddy.

The first indication that something was up was that there were three contract hands standing there dressed in their worn clothing indicating that they had been hired to do some kind of “manual” activity.  Yep.  Worn jeans with holes.  Shirts slightly ripped.  One guy missing the sleeves on his shirt.  I think one of them had accidentally taken a shower before he showed up.

None of the contract hands had thought about shaving for the past week or so.  So, they definitely looked out of place in the shop usually occupied by professional Power Plant Electricians, who liked to keep themselves clean and generally followed good hygiene practices.

My first thought was, “Hmm…. Looks like there is some dirty job someone has to do in the shop today.  I wonder what it is.”  I walked into the electric shop to wait until 8:00 to come around.  Bill Bennett was leaning against one of the desks talking to Charles Foster.  I asked Bill, “What’s up with the Contractors?”

Bill replied, “They are here to help you.”  “What am I going to be doing?” I asked curiously.  “You know.  Pulling wire from the Vital Service Panel to the Telephone Room in the main office.”  “Oh.  That.”  I replied trying to remember if I could recall ever being told that I was supposed to be inheriting this particular job.

The last time I had felt like this was when I was in High School and our American History teacher told us that the semester class projects  were due tomorrow and he continued to explain that we would be presenting the projects in alphabetical order.  “Which means that Kevin Breazile. You will be going first.”

Side Story Time:

Class Project?  Oh No!  I had forgotten all about it!  I was supposed to write a paper about the Roadway system in the United States, including how we were preparing to go to the Metric System.”  (Like that ever happened… This was in 1976).

So, I went straight home and told my mom that I needed to go to the Public Library to prepare for a class project that needed to be done tomorrow.  At the library I quickly grabbed a bunch of facts out of encyclopedias.  I made up a few statistics about how many miles of roads there were in the United States.

Then once I was back at home, I thought about the roads in the U.S.  Well, there were dirt roads, gravel roads, paved roads, and roads made of concrete.  So.  I filled a jar with dirt.  One with some rocks I found out in the street.  I found a piece of pavement that had worked itself loose at the intersection by my house.  I also found a chunk of concrete under our deck in the backyard where we had busted up our patio once to pour a new one…. These were my props for my presentation.

I remembered that on the way from Kansas City To Columbia Missouri along Highway 70, there was a sign that said, 100 Miles or  160 Kilometers to Columbia.  There was also one just outside Saint Louis going to Columbia that said the same thing.  So, I added that to my presentation.  This met the requirement of how the roadways were moving to the metric system.

When the presentation began, I began handing the jars to someone in the front row to pass around the class….. Yeah.  A jar of dirt.  A jar of rocks, and a piece of pavement and the chunk of concrete.  I remember our teacher, Mr. Wright grabbed the chunk of Concrete when I gave it to the guy in the front row and looking it over, then pointing to a spot on it and saying, “I can see the skid marks here where I almost hit you!”

Anyway.  I ended the presentation by taking the chunk of concrete after it had been passed around the class and holding it up and saying that if we continued to create roads at the same pace that we have over the last 60 years, by the year 2076 the world will look like this…. And I held up the chunk of concrete.  — Of course.. I had totally made that statistic up out of thin air.  — I got an A+ for that project which was worth 1/3 of our grade for the semester.

End of side story.

So, here I was again, fourteen years later, and I was being told that I had a crew of guys standing out in the shop waiting for directions on how to pull cable from the Logic room just below the control room, across the T-G building and into the middle of the Office building on the top floor.  Even though the Office was on the 3rd floor, it was equivalent to the 6th floor of an office building.

From experience, I knew that the cable would have to be pulled from the logic room down to the cable spreading room below the main Switchgear, through two manholes, then up through conduit to the office area above the break room kitchen and over to the Telephone room.

I had done nothing to prepare for this.  I hadn’t looked through the blueprints to find the best route.  I hadn’t even seen the large spool of wire on the pallet in the Main Switchgear waiting to be used.  I hadn’t even prepared myself by looking confident like I knew what I was doing….

Bill walked out the door leaving me in the office with Charles.  I wasn’t sure if Charles could tell that I was completely blind-sided by this job or not.  But he did give me a quick “leg up”.  He said, “Seems to me that there is already power going from the VSP (for Vital Services Panel) to the Telephone room.”

Well.  I already knew that I was really lucky.  Especially when I asked Saint Anthony to help me find a solution to a problem.  So, I quickly glanced over in the corner where Saint Anthony liked to lean against the wall while he waited for me to come to my senses and have some faith.  In my mind I could see Anthony shrug like,  “sounds like you might give it a try.”

St. Anthony of Padua

St. Anthony of Padua

So, I walked… no… I strolled out into the shop like I belonged there….. — Oh… yeah.  I did.  But at that particular moment I didn’t feel like it, so I thought maybe if I walked like I felt like I did, it would help me feel that way.

I asked Scott Hubbard if he could help me check to see if we had power in the Telephone Room from the Vital Services Panel.  He said he would be glad to help (this was Scott’s usual response. — A True Power Plant Response).

Scott Hubbard

Scott Hubbard

I asked him to go the Telephone room while I went to the Vital Service Panel for Unit 1 in the Logic Room.  Scott took his handy Dandy Voltage Checking Tool and headed off toward the Office area.

 

Electric Voltage Tester

Electric Voltage Tester

I headed for the Logic Room with a pair of Fuse Pullers:

 

Bussman Fuse Pullers

Bussman Fuse Pullers

The Vital Service Panel is mounted on the wall next to the UPS (Uninterruptible Power Supply).  I opened it and read the labels inside of the cover.  After scanning the list of locations that were fed from this panel I found one that could have been the one  circuit I was looking for.

It was cryptically labelled “Telephone Room”.  Hmmm…. I wonder if this is it…  My  mind had quick as a snap decrypted this entry and came up with “Telephone room”.  — That sure sounds like this would provide power to the Telephone room.  Let’s just hope that it is labelled correctly.

I waited until Scott called me on the gray phone to tell me that he was in place by the Telephone room.  He had checked all of the receptacles (plug ins) in the room, and they all had power on them.

Gaitronics Gray Phone

Gaitronics Gray Phone

I told him that I would remove the fuse to the circuit that looked like it provided power to the telephone room, so in about 15 seconds, he could check to see if any of the receptacles was dead.   So, we did just that.  I removed the fuse….. — My first thought was…. Good.  I didn’t trip the unit.  I would have known that right away.  — You never know… pulling a fuse out of a panel labelled “Vital Services Panel” kind of leaves you to believe that the stuff in this panel is really really important.

A small fuse block like this.

A smaller fuse block than one in the VSP

I went back to the gray phone and waited for Scott to get back on the phone.  About 15 more seconds and Scott returned.  He told me that the power had turned off on one of the receptacles on the wall.  I told him I was going to put the fuse back in and head up to the telephone room so that he could show me where it was.

Literally 20 minutes after I had been jolted awake by the revelation that I was supposed to lead a crew of contractors on a wire pull that I had not prepared for, I had found out that the wire was already there.  No wire pull was necessary.

Scott showed me where the receptacle was, and we walked back to the electric shop.  Bill Bennett was standing in the shop wondering where I had disappeared to (oops.  ended the sentence with a preposition.  I should know better than that.  I should have said, “….where I went.”).  I was still wondering in the back of my head if I had just completely forgot that Bill had ever told me about this, or maybe he had forgotten to mention it in the first place, or he had not told me on purpose just to see how I would react to the sudden revelation that I had a semi-difficult job with no time to prepare for it.

I waited for Bill to follow me into the electric shop office.  Which he did.  Standing there with as straight of a face as I could muster, I looked at Bill as he asked me when I was going to start pulling the wire.  The Contractors are just standing around doing nothing.

I said,  “The job is already done.  The wire has already been pulled.”  “What do you mean?  It’s still in the switchgear on the pallet.”  Bill responded.  I shrugged.  “We don’t need to pull wire from the Vital Services Panel.  There is already a circuit from that panel to the telephone room.”  I looked over at Charles and smiled.  Charles smiled back.  Bill said something like, “Oh…  Then I wonder what we are going to do with these contractors.  We have them for three days.”  Then he left the office.

Charles Foster

Charles Foster

I thought that somehow Charles knew something about my being “setup for some kind of failure” and had this up his sleeve all along so that it would backfire.  — Just my luck.  With three of my best friends standing there, how could I fail…. Charles Foster, Scott Hubbard and Saint Anthony.