Tag Archives: General Policies and Procedures

Power Plant Women and the EEOC Shuffle

Originally posted November 30, 2013:

While I worked as a janitor at the coal-fired power plant in North Central Oklahoma the subject came up one Monday morning about the normal career path that janitors could take. We had already been told that the only place a janitor could advance to was the labor crew. We had also been told that there was a company policy that came down from Oklahoma City that only allowed janitors to move to the labor crew before they could move on to another job like an Operator or Mechanic.

I had been trying to decide if I wanted to go the route of being an Operator or a Mechanic during my time as a janitor. That is, until Charles Foster asked me if I would be interested in becoming an Electrician.  I hadn’t even considered being an electrician up to that point, as I had no experience and it seemed like a job that needed a particular skill set.

I had begun my studies to learn about being an electrician when there was an opening in the Electric Shop. Charles Foster and Bill Bennett petitioned to hire me for the position, but the verdict came down from above that according to Company Policy, a janitor could only advance from janitor to the labor crew.

Charles Foster

Charles Foster

I didn’t have any expectation at the time of becoming an electrician given that I had no experience, so I wasn’t disappointed when Mike Rose was hired from outside the company. He was hired to help out Jim Stevenson with Air Conditioning and Freeze Protection.

Mike Rose. A fair plant electrician, but a great family man!

Mike Rose. A fair plant electrician

The next revelation about our position as janitor at the plant (and I’m sure that Ron Kilman, our next plant manager, who reads this blog can testify that it really was company policy…. after all…. that’s what our plant manager told us. — Just kidding…. I know that it really wasn’t), was that when it became our turn to move from being a janitor to moving to the labor crew, if we didn’t move to the labor crew during the next two openings on the labor crew, then we would be let go. I mean… we would lose our job.

This revelation came about when Curtis Love was next in line to go to the labor crew and he was turned down. Larry Riley, the foreman of the labor crew had observed Curtis while we were being loaned to the labor crew during outages and he didn’t want him on the crew for um…. various reasons. After Curtis had been turned down, he was later told that if he didn’t move onto the labor crew when there was another opening, then the company had to fire him. It was company policy (so we were told…. from Corporate Headquarters).

I had been around the plant long enough to know at that point that when we were told that it was company policy that came down to us from Corporate Headquarters, that, unless it was in our binders called General Policies and Procedures, then it probably wasn’t really company policy. It was more likely our evil plant manager’s excuse for not taking the responsibility himself and just telling us that this was the way it was, because he just said so….

One of two General Policies and Procedures Binders

One of two General Policies and Procedures Binders

Anyway… This caused a dilemma from an unlikely source on our team of janitors. Doris Voss became worried that if she didn’t move onto the labor crew, that she would lose her job. She was quite content at the time to have just stayed a janitor, but from this policy that had just come down from Corporate Headquarters, (i.e. The front corner office of our plant), she either had to go to the labor crew, or lose her job.

So, what Doris decided to do was to apply for the job of receptionist that had just been vacated by Grant Harned (see the post “Power Plant Carpooling Adventures with Grant Harned“). Doris applied for the job and her application was accepted. She moved on to work at the receptionist desk. I, on the other hand, was next in line behind Curtis Love. So, when he was turned down for the labor crew, I took his place.

As a side note, I talked Larry Riley into letting Curtis Love advance to the labor crew when there was another opening. I told him that I would let him work with me, and that I would take care of him. With that caveat, Larry agreed. You can read a couple of adventures I had with Curtis after he arrived on the labor crew by reading these posts: “Power Plant Safety as Interpreted by Curtis Love” and “Angel of Death Passes by the Precipitator Door“. Later, however, when I had moved on to be an electrician, Curtis was let go after having a vehicle accident and not reporting it right away.

What does this have to do with the EEOC shuffle? Well… about the time I have moved on to the labor crew, a new company-wide policy had been put in place for the internal “Employee Job Announcement Program”. Our power plant had some “irregularities” surrounding where our new employees were coming from. It seems that an inordinate amount of new employees were coming from Pawnee, and more particularly from a certain church. It was obvious to some that a more “uniform” method needed to be in place to keep local HR staff from hiring just their buddies.

Along with this, came a mandate that all external job announcements had to be sent to various different unemployment offices in a certain radius in order to guarantee that everyone that was interested had the opportunity to be informed about any new positions at the plant well in time to apply for it. That was, if the Internal job announcement program didn’t find any viable candidates within the company that was willing to take the job.

EEOC, by the way, means, Equal Employment Opportunity Commission. Around the same time that our plant had hired a “snitch” to go around an entrap unsuspecting employees into illegal activities (see the post:  “Power Plant Snitch“), the EEOC had given us notice that we were not hiring enough women and American Indians as well as African Americans at the plant. Not only did we lack number, we also needed to have them spread out into a number of different jobs in the plant.

At the time the operators were 100% male. No women. The maintenance shop had a couple of women. The rest of the women at the plant were either clerks, working for the warehouse, or in the HR department…. Which all incidentally reported up to Jack Ballard our HR Supervisor. Well. Except for Yvonne Taylor in the Chemistry lab, and maybe someone that was on the testing team and of course Summer Goebel who was a Plant Engineer.

It wasn’t just women that were affected. We had to have an African American in Upper Management. Bill Bennett had become an A Foreman a few years earlier, and there was some discussion about whether they could promote him up one more level. He refused the offer. Later they decided that an A Foreman at our plant was high enough to be considered “upper management”.

American Indians were also a group of employees that needed to fill a certain quota. The Power Plant was located in North Central Oklahoma with many Indian Reservations surrounding it. I think we were supposed to have more than 10% American Indians employed at the plant. So the front office asked everyone to check to see if they were Indian enough to be considered. I think if you were 1/16th American Indian, you counted in the quota.

Some people were a little disturbed to be asked to report their racial status in order to fill a quota. Jerry Mitchell told me that he was Indian, but that he never had told anyone and he didn’t want to become a number, so he wasn’t going to tell them. I think we met our quota even without Jerry Mitchell and some others that felt insulted.

At the time, we had over 350 employees at the plant. That meant that we needed 35 women. I think we were closer to 25 when the push to hire more women went into effect.

The problem area that needed the most work was with the operators. Their entire organization had no women and they were told that they needed them. The problem was both structural and operational (yeah…. Operations had an operational problem…. how about that?).

There were two problems with hiring women to be operators. The first one was structural. The operators main base was the Control Room. That’s where their locker room was. That’s where their kitchen was. More importantly that’s where they could all stand around and watch Gene Day perform feats of magic by doing nothing more than standing there being…. well… being Gene Day!

Yipes. Notice how comfortable Jim Cave is standing between Gene Day and Joe Gallahar!  Gene Day is the one with the Banjo and the more hairier legs. — I couldn’t resist…

There was only a Power Plant men’s locker room. There were no facilities for women. The nearest women’s rest / locker room was across the main plant in the office area, or downstairs in the Maintenance shop. This presented a logistical problem, especially on days when Gene Day made his special Chili or tortilla soup (Ok, I’m just picking on Gene Day…. We all know Gene never could cook. We loved him anyway).

Either way, there were times when taking a trek across the plant to make it to the nearest restroom was not acceptable. This was solved by building an additional rest / locker room in the control room for women operators. That problem was solved.

The operational problem inherent in operations was that they worked shift work. That is, each week, they shifted the hours they worked. Operators had to be working around the clock. So, one week, they would work from 7:00 am to 3:30 pm. Next week they may work from 3pm to 11:30pm, or from 11pm to 7:30am. The plant didn’t have any female applicants for a job where you had to work around the clock.

The EEOC said that wasn’t good enough. We needed to find women to work in operations. This was where Doris Voss became a person of interest.

Doris was asked if she would like to become an operator. Of course, she said no. She really still wanted to be a janitor, but was content being a receptionist. I’m not sure what she was told or was given, but she eventually agreed and moved over to become an operator. Another clerk, Helen Robinson was later coaxed into becoming an operator. Mary Lou Teeman was also hired into the Operations department. I don’t remember if she was a clerk before that, or if she was a new hire. — I do remember that she was the sweetest lady in operations.

Gene Day is the one standing on the right with the Orange shirt.

Gene Day is the one standing on the right with the Orange shirt and longer pants than above (see what I mean about him being “instant Entertainment?). Mary Lou Teeman is standing next to him in the red shirt.

 

Here is a picture that includes Doris Voss:

Can you pick Doris Voss out of the lineup?

Can you pick Doris Voss out of the lineup?

And here is Helen Robinson:

Helen Robinson is third from the left in the back row.

Helen Robinson is third from the left in the back row.

How is it that Charles Peavler showed up in two pictures? — Oh. Taken at different times. Note that Charles Peavler with the gray shirt in the front row is kneeling on one knee, but Larry Tapp with the blue shirt next to him is standing….. Hey. Larry Tapp may be short, but he’s one of the nicest guys in this picture. I have a story about those two guys on the right side of this picture. Merl Wright and Jack Maloy. I’ll probably include that as a side story in a later post (See the post:  “Power Plant Conspiracy Theory“).

With the addition of the three new female operators, the EEOC shuffle was satisfied. We had added a few new female employees from the outside world and everyone was happy. Julienne Alley was added to the Welding shop during this time. The entire maintenance crew would agree that their new “Shop” mother was the best of them all (See the post:  “Power Plant Mother’s Day“).

Comment from the Original Post:

  1. Ron December 5, 2013:

    I don’t know what “policies” Martin Louthan agreed to with the two coal plant managers. I remember them talking about how hard it was keeping good workers in their Labor crews. We didn’t have Labor crews at the gas plants so we weren’t affected. When I moved to Sooner, I don’t remember that “policy” (terminated after 2 turn-downs to Labor crew) being in place. Was it?

    Plant Electrician December 5, 2013:

    No. It was just a policy created specifically to target one person. It was never enforced.

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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.

Power Plant Women and the EEOC Shuffle

Originally posted November 30, 2013:

While I worked as a janitor at the coal-fired power plant in North Central Oklahoma the subject came up one Monday morning about the normal career path that janitors could take. We had already been told that the only place a janitor could advance to was the labor crew. We had also been told that there was a company policy that came down from Oklahoma City that only allowed janitors to move to the labor crew before they could move on to another job like an Operator or Mechanic.

I had been trying to decide if I wanted to go the route of being an Operator or a Mechanic during my time as a janitor. That is, until Charles Foster asked me if I would be interested in becoming an Electrician.  I hadn’t even considered being an electrician up to that point, as I had no experience and it seemed like a job that needed a particular skill set.

I had begun my studies to learn about being an electrician when there was an opening in the Electric Shop. Charles Foster and Bill Bennett petitioned to hire me for the position, but the verdict came down from above that according to Company Policy, a janitor could only advance from janitor to the labor crew.

Charles Foster

Charles Foster

I didn’t have any expectation at the time of becoming an electrician given that I had no experience, so I wasn’t disappointed when Mike Rose was hired from outside the company. He was hired to help out Jim Stevenson with Air Conditioning and Freeze Protection.

Mike Rose. A fair plant electrician, but a great family man!

Mike Rose. A fair plant electrician

The next revelation about our position as janitor at the plant (and I’m sure that Ron Kilman, our next plant manager, who reads this blog can testify that it really was company policy…. after all…. that’s what our plant manager told us. — Just kidding…. I know that it really wasn’t), was that when it became our turn to move from being a janitor to moving to the labor crew, if we didn’t move to the labor crew during the next two openings on the labor crew, then we would be let go. I mean… we would lose our job.

This revelation came about when Curtis Love was next in line to go to the labor crew and he was turned down. Larry Riley, the foreman of the labor crew had observed Curtis while we were being loaned to the labor crew during outages and he didn’t want him on the crew for um…. various reasons. After Curtis had been turned down, he was later told that if he didn’t move onto the labor crew when there was another opening, then the company had to fire him. It was company policy (so we were told…. from Corporate Headquarters).

I had been around the plant long enough to know at that point that when we were told that it was company policy that came down to us from Corporate Headquarters, that, unless it was in our binders called General Policies and Procedures, then it probably wasn’t really company policy. It was more likely our evil plant manager’s excuse for not taking the responsibility himself and just telling us that this was the way it was, because he just said so….

One of two General Policies and Procedures Binders

One of two General Policies and Procedures Binders

Anyway… This caused a dilemma from an unlikely source on our team of janitors. Doris Voss became worried that if she didn’t move onto the labor crew, that she would lose her job. She was quite content at the time to have just stayed a janitor, but from this policy that had just come down from Corporate Headquarters, (i.e. The front corner office of our plant), she either had to go to the labor crew, or lose her job.

So, what Doris decided to do was to apply for the job of receptionist that had just been vacated by Grant Harned (see the post “Power Plant Carpooling Adventures with Grant Harned“). Doris applied for the job and her application was accepted. She moved on to work at the receptionist desk. I, on the other hand, was next in line behind Curtis Love. So, when he was turned down for the labor crew, I took his place.

As a side note, I talked Larry Riley into letting Curtis Love advance to the labor crew when there was another opening. I told him that I would let him work with me, and that I would take care of him. With that caveat, Larry agreed. You can read a couple of adventures I had with Curtis after he arrived on the labor crew by reading these posts: “Power Plant Safety as Interpreted by Curtis Love” and “Angel of Death Passes by the Precipitator Door“. Later, however, when I had moved on to be an electrician, Curtis was let go after having a vehicle accident and not reporting it right away.

What does this have to do with the EEOC shuffle? Well… about the time I have moved on to the labor crew, a new company-wide policy had been put in place for the internal “Employee Job Announcement Program”. Our power plant had some “irregularities” surrounding where our new employees were coming from. It seems that an inordinate amount of new employees were coming from Pawnee, and more particularly from a certain church. It was obvious to some that a more “uniform” method needed to be in place to keep local HR staff from hiring just their buddies.

Along with this, came a mandate that all external job announcements had to be sent to various different unemployment offices in a certain radius in order to guarantee that everyone that was interested had the opportunity to be informed about any new positions at the plant well in time to apply for it. That was, if the Internal job announcement program didn’t find any viable candidates within the company that was willing to take the job.

EEOC, by the way, means, Equal Employment Opportunity Commission. Around the same time that our plant had hired a “snitch” to go around an entrap unsuspecting employees into illegal activities (see the post:  “Power Plant Snitch“), the EEOC had given us notice that we were not hiring enough women and American Indians as well as African Americans at the plant. Not only did we lack number, we also needed to have them spread out into a number of different jobs in the plant.

At the time the operators were 100% male. No women. The maintenance shop had a couple of women. The rest of the women at the plant were either clerks, working for the warehouse, or in the HR department…. Which all incidentally reported up to Jack Ballard our HR Supervisor. Well. Except for Yvonne Taylor in the Chemistry lab, and maybe someone that was on the testing team and of course Summer Goebel who was a Plant Engineer.

It wasn’t just women that were affected. We had to have an African American in Upper Management. Bill Bennett had become an A Foreman a few years earlier, and there was some discussion about whether they could promote him up one more level. He refused the offer. Later they decided that an A Foreman at our plant was high enough to be considered “upper management”.

American Indians were also a group of employees that needed to fill a certain quota. The Power Plant was located in North Central Oklahoma with many Indian Reservations surrounding it. I think we were supposed to have more than 10% American Indians employed at the plant. So the front office asked everyone to check to see if they were Indian enough to be considered. I think if you were 1/16th American Indian, you counted in the quota.

Some people were a little disturbed to be asked to report their racial status in order to fill a quota. Jerry Mitchell told me that he was Indian, but that he never had told anyone and he didn’t want to become a number, so he wasn’t going to tell them. I think we met our quota even without Jerry Mitchell and some others that felt insulted.

At the time, we had over 350 employees at the plant. That meant that we needed 35 women. I think we were closer to 25 when the push to hire more women went into effect.

The problem area that needed the most work was with the operators. Their entire organization had no women and they were told that they needed them. The problem was both structural and operational (yeah…. Operations had an operational problem…. how about that?).

There were two problems with hiring women to be operators. The first one was structural. The operators main base was the Control Room. That’s where their locker room was. That’s where their kitchen was. More importantly that’s where they could all stand around and watch Gene Day perform feats of magic by doing nothing more than standing there being…. well… being Gene Day!

Yipes. Notice how comfortable Jim Cave is standing between Gene Day and Joe Gallahar!  Gene Day is the one with the Banjo and the more hairier legs. — I couldn’t resist…

There was only a Power Plant men’s locker room. There were no facilities for women. The nearest women’s rest / locker room was across the main plant in the office area, or downstairs in the Maintenance shop. This presented a logistical problem, especially on days when Gene Day made his special Chili or tortilla soup (Ok, I’m just picking on Gene Day…. We all know Gene never could cook. We loved him anyway).

Either way, there were times when taking a trek across the plant to make it to the nearest restroom was not acceptable. This was solved by building an additional rest / locker room in the control room for women operators. That problem was solved.

The operational problem inherent in operations was that they worked shift work. That is, each week, they shifted the hours they worked. Operators had to be working around the clock. So, one week, they would work from 7:00 am to 3:30 pm. Next week they may work from 3pm to 11:30pm, or from 11pm to 7:30am. The plant didn’t have any female applicants for a job where you had to work around the clock.

The EEOC said that wasn’t good enough. We needed to find women to work in operations. This was where Doris Voss became a person of interest.

Doris was asked if she would like to become an operator. Of course, she said no. She really still wanted to be a janitor, but was content being a receptionist. I’m not sure what she was told or was given, but she eventually agreed and moved over to become an operator. Another clerk, Helen Robinson was later coaxed into becoming an operator. Mary Lou Teeman was also hired into the Operations department. I don’t remember if she was a clerk before that, or if she was a new hire. — I do remember that she was the sweetest lady in operations.

Gene Day is the one standing on the right with the Orange shirt.

Gene Day is the one standing on the right with the Orange shirt and longer pants than above (see what I mean about him being “instant Entertainment?). Mary Lou Teeman is standing next to him in the red shirt.

 

Here is a picture that includes Doris Voss:

Can you pick Doris Voss out of the lineup?

Can you pick Doris Voss out of the lineup?

And here is Helen Robinson:

Helen Robinson is third from the left in the back row.

Helen Robinson is third from the left in the back row.

How is it that Charles Peavler showed up in two pictures? — Oh. Taken at different times. Note that Charles Peavler with the gray shirt in the front row is kneeling on one knee, but Larry Tapp with the blue shirt next to him is standing….. Hey. Larry Tapp may be short, but he’s one of the nicest guys in this picture. I have a story about those two guys on the right side of this picture. Merl Wright and Jack Maloy. I’ll probably include that as a side story in a later post (See the post:  “Power Plant Conspiracy Theory“).

With the addition of the three new female operators, the EEOC shuffle was satisfied. We had added a few new female employees from the outside world and everyone was happy. Julienne Alley was added to the Welding shop during this time. The entire maintenance crew would agree that their new “Shop” mother was the best of them all (See the post:  “Power Plant Mother’s Day“).

Comment from the Original Post:

  1. Ron December 5, 2013:

    I don’t know what “policies” Martin Louthan agreed to with the two coal plant managers. I remember them talking about how hard it was keeping good workers in their Labor crews. We didn’t have Labor crews at the gas plants so we weren’t affected. When I moved to Sooner, I don’t remember that “policy” (terminated after 2 turn-downs to Labor crew) being in place. Was it?

    Plant Electrician December 5, 2013:

    No. It was just a policy created specifically to target one person. It was never enforced.

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 Women and the EEOC Shuffle

Originally posted November 30, 2013:

While I worked as a janitor at the coal-fired power plant in North Central Oklahoma the subject came up one Monday morning about the normal career path that janitors could take. We had already been told that the only place a janitor could advance to was the labor crew. We had been told that there was a company policy that came down from Oklahoma City that only allowed janitors to move to the labor crew before they could move on to another job like an Operator or Mechanic.

I had been trying to decide if I wanted to go the route of being an Operator or a Mechanic during my time as a janitor. That is, until Charles Foster asked me if I would be interested in becoming an Electrician.

I had begun my studies to learn about being an electrician when there was an opening in the Electric Shop. Charles Foster and Bill Bennett petitioned to hire me for the position, but the verdict came down from above that according to Company Policy, a janitor could only advance from janitor to the labor crew.

Charles Foster

Charles Foster

I didn’t have any expectation at the time of becoming an electrician given that I had no experience, so I wasn’t disappointed when Mike Rose was hired from outside the company. He was hired to help out Jim Stevenson with Air Conditioning and Freeze Protection.

Mike Rose. A fair plant electrician, but a great family man!

Mike Rose. A fair plant electrician

The next revelation about our position as janitor at the plant (and I’m sure that Ron Kilman, our next plant manager, who reads this blog can testify that it really was company policy…. after all…. that’s what our plant manager told us. — Just kidding…. I know that it really wasn’t), was that when it became our turn to move from being a janitor to moving to the labor crew, if we didn’t move to the labor crew during the next two openings on the labor crew, then we would be let go. I mean… we would lose our job.

This revelation came about when Curtis Love was next in line to go to the labor crew and he was turned down. Larry Riley, the foreman of the labor crew had observed Curtis while we were being loaned to the labor crew during outages and he didn’t want him on the crew for um…. various reasons. After Curtis had been turned down, he was later told that if he didn’t move onto the labor crew when there was another opening, then the company had to fire him. It was company policy (so we were told…. from Corporate Headquarters).

I had been around the plant long enough to know at that point that when we were told that it was company policy that came down to us from Corporate Headquarters, that, unless it was in our binders called General Policies and Practices, then it probably wasn’t really company policy. It was more likely our evil plant manager’s excuse for not taking the responsibility himself and just telling us that this was the way it was, because he just said so….

One of two General Policies and Procedures Binders

One of two General Policies and Procedures Binders

Anyway… This caused a dilemma from an unlikely source on our team of janitors. Doris Voss became worried that if she didn’t move onto the labor crew, that she would lose her job. She was quite content at the time to have just stayed a janitor, but from this policy that had just come down from Corporate Headquarters, (i.e. The front corner office of our plant), she either had to go to the labor crew, or lose her job.

So, what Doris decided to do was to apply for the job of receptionist that had just been vacated by Grant Harned (see the post “Power Plant Carpooling Adventures with Grant Harned“). Doris applied for the job and her application was accepted. She moved on to work at the receptionist desk. I, on the other hand, was next in line behind Curtis Love. So, when he was turned down for the labor crew, I took his place.

As a side note, I talked Larry Riley into letting Curtis Love advance to the labor crew when there was another opening. I told him that I would let him work with me, and that I would take care of him. With that caveat, Larry agreed. You can read a couple of adventures I had with Curtis after he arrived on the labor crew by reading these posts: “Power Plant Safety as Interpreted by Curtis Love” and “Angel of Death Passes by the Precipitator Door“. Later, however, when I had moved on to be an electrician, Curtis was let go after having a vehicle accident and not reporting it right away.

What does this have to do with the EEOC shuffle? Well… about the time I have moved on to the labor crew, a new company-wide policy had been put in place for the internal “Employee Job Announcement Program”. Our power plant had some “irregularities” surrounding where our new employees were coming from. It seems that an inordinate amount of new employees were coming from Pawnee, and more particularly from a certain church. It was obvious to some that a more “uniform” method needed to be in place to keep local HR staff from hiring just their buddies.

Along with this, came a mandated that all external job announcements had to be sent to various different unemployment offices in a certain radius in order to guarantee that everyone that was interested had the opportunity to be informed about any new positions at the plant well in time to apply for it. That was, if the Internal job announcement program didn’t find any viable candidates within the company that was willing to take the job.

EEOC, by the way, means, Equal Employment Opportunity Commission. Around the same time that our plant had hired a “snitch” to go around an entrap unsuspecting employees into illegal activities (see the post:  “Power Plant Snitch“), the EEOC had given us notice that we were not hiring enough women and American Indians as well as African Americans at the plant. Not only did we lack number, we also needed to have them spread out into a number of different jobs in the plant.

At the time the operators were 100% male. No women. The maintenance shop had a couple of women. The rest of the women at the plant were either clerks, working for the warehouse, or in the HR department…. Which all incidentally reported up to Jack Ballard our HR Supervisor. Well. Except for Yvonne Taylor in the Chemistry lab, and maybe someone that was on the testing team and of course Summer Goebel who was a Plant Engineer.

It wasn’t just women that were affected. We had to have an African American in Upper Management. Bill Bennett had become an A Foreman a few years earlier, and there was some discussion about whether they could promote him up one more level. He refused the offer. Later they decided that an A Foreman at our plant was high enough to be considered “upper management”.

American Indians were also a group of employees that needed to fill a certain quota. The Power Plant was located in North Central Oklahoma with many Indian Reservations surrounding it. I think we were supposed to have more than 10% American Indians employed at the plant. So the front office asked everyone to check to see if they were Indian enough to be considered. I think if you were 1/16th American Indian, you counted in the quota.

Some people were a little disturbed to be asked to report their racial status in order to fill a quota. Jerry Mitchell told me that he was Indian, but that he never had told anyone and he didn’t want to become a number, so he wasn’t going to tell them. I think we met our quota even without Jerry Mitchell and some others that felt insulted.

At the time, we had over 350 employees at the plant. That meant that we needed 35 women. I think we were closer to 25 when the push to hire more women went into effect.

The problem area that needed the most work was with the operators. Their entire organization had no women and they were told that they needed them. The problem was both structural and operational (yeah…. Operations had an operational problem…. how about that?).

There were two problems with hiring women to be operators. The first one was structural. The operators main base was the Control Room. That’s where their locker room was. That’s where their kitchen was. More importantly that’s where they could all stand around and watch Gene Day perform feats of magic by doing nothing more than standing there being…. well… being Gene Day!

There was only a Power Plant men’s locker room. There were no facilities for women. The nearest women’s rest / locker room was across the main plant in the office area, or downstairs in the Maintenance shop. This presented a logistical problem, especially on days when Gene Day made his special Chili or tortilla soup (Ok, I’m just picking on Gene Day…. We all know Gene never could cook. We loved him anyway).

Either way, there were times when taking a trek across the plant to make it to the nearest restroom was not acceptable. This was solved by building an additional rest / locker room in the control room for women operators. That problem was solved.

The operational problem inherent in operations was that they worked shift work. That is, each week, they shifted the hours they worked. Operators had to be working around the clock. So, one week, they would work from 7:00 am to 3:30 pm. Next week they may work from 3pm to 11:30pm, or from 11pm to 7:30am. The plant didn’t have any female applicants for a job where you had to work around the clock.

The EEOC said that wasn’t good enough. We needed to find women to work in operations. This was where Doris Voss became a person of interest.

Doris was asked if she would like to become an operator. Of course, she said no. She really still wanted to be a janitor, but was content being a receptionist. I’m not sure what she was told or was given, but she eventually agreed and moved over to become an operator. Another clerk, Helen Robinson was later coaxed into becoming an operator. Mary Lou Teeman was also hired into the Operations department. I don’t remember if she was a clerk before that, or if she was a new hire. — I do remember that she was the sweetest lady in operations.

Gene Day is the one standing on the right with the Orange shirt.

Gene Day is the one standing on the right with the Orange shirt (see what I mean about him being “instant Entertainment?). Mary Lou Teeman is standing next to him in the red shirt.

 

Here is a picture that includes Doris Voss:

Can you pick Doris Voss out of the lineup?

Can you pick Doris Voss out of the lineup?

And here is Helen Robinson:

Helen Robinson is third from the left in the back row.

Helen Robinson is third from the left in the back row.

How is it that Charles Peavler showed up in two pictures? — Oh. Taken at different times. Note that Charles Peavler with the gray shirt in the front row is kneeling on one knee, but Larry Tapp with the blue shirt next to him is standing….. Hey. Larry Tapp may be short, but he’s one of the nicest guys in this picture. I have a story about those two guys on the right side of this picture. Merl Wright and Jack Maloy. I’ll probably include that as a side story in a later post (See the post:  “Power Plant Conspiracy Theory“).

With the addition of the three new female operators, the EEOC shuffle was satisfied. We had added a few new female employees from the outside world and everyone was happy. Julienne Alley was added to the Welding shop during this time. The entire maintenance crew would agree that their new “Shop” mother was the best of them all (See the post:  “Power Plant Mother’s Day“).

Comment from the Original Post:

  1. Ron December 5, 2013:

    I don’t know what “policies” Martin Louthan agreed to with the two coal plant managers. I remember them talking about how hard it was keeping good workers in their Labor crews. We didn’t have Labor crews at the gas plants so we weren’t affected. When I moved to Sooner, I don’t remember that “policy” (terminated after 2 turn-downs to Labor crew) being in place. Was it?

    Plant Electrician December 5, 2013:

    No. It was just a policy created specifically to target one person. It was never enforced.

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.

Power Plant Women and the EEOC Shuffle — Repost

Originally posted November 30, 2013:

While I worked as a janitor at the coal-fired power plant in North Central Oklahoma the subject came up one Monday morning about the normal career path that janitors could take. We had already been told that the only place a janitor could advance to was the labor crew. We had been told that there was a company policy that came down from Oklahoma City that only allowed janitors to move to the labor crew before they could move on to another job like an Operator or Mechanic.

I had been trying to decide if I wanted to go the route of being an Operator or a Mechanic during my time as a janitor. That is, until Charles Foster asked me if I would be interested in becoming an Electrician. I had begun my studies to learn about being an electrician when there was an opening in the Electric Shop. Charles Foster and Bill Bennett petitioned to hire me for the position, but the verdict came down from above that according to Company Policy, a janitor could only advance from janitor to the labor crew. I didn’t have any expectation at the time of becoming an electrician given that I had no experience, so I wasn’t disappointed when Mike Rose was hired from outside the company. He was hired to help out Jim Stevenson with Air Conditioning and Freeze Protection.

The next revelation about our position as janitor at the plant (and I’m sure that Ron Kilman, our next plant manager, who reads this blog can testify that it really was company policy…. after all…. that’s what our plant manager told us. — Just kidding…. I know that it really wasn’t), was that when it became our turn to move from being a janitor to moving to the labor crew, if we didn’t move to the labor crew during the next two openings on the labor crew, then we would be let go. I mean… we would lose our job.

This revelation came about when Curtis Love was next in line to go to the labor crew and he was turned down. Larry Riley, the foreman of the labor crew had observed Curtis while we were being loaned to the labor crew during outages and he didn’t want him on the crew for um…. various reasons. After Curtis had been turned down, he was later told that if he didn’t move onto the labor crew when there was another opening, then the company had to fire him. It was company policy (so we were told…. from Corporate Headquarters).

I had been around the plant long enough to know at that point that when we were told that it was company policy that came down to us from Corporate Headquarters, that, unless it was in our binders called General Policies and Practices, then it probably wasn’t really company policy. It was more likely our evil plant manager’s excuse for not taking the responsibility himself and just telling us that this was the way it was, because he just said so….

One of two General Policies and Procedures Binders

One of two General Policies and Procedures Binders

Anyway… This caused a dilemma from an unlikely source on our team of janitors. Doris Voss became worried that if she didn’t move onto the labor crew, that she would lose her job. She was quite content at the time to have just stayed a janitor, but from this policy that had just come down from Corporate Headquarters, (i.e. The front corner office of our plant), she either had to go to the labor crew, or lose her job.

So, what Doris decided to do was to apply for the job of receptionist that had just been vacated by Grant Harned (see the post “Power Plant Carpooling Adventures with Grant Harned“). Doris applied for the job and her application was accepted. She moved on to work at the receptionist desk. I on the other hand was next in line behind Curtis Love. So, when he was turned down for the labor crew, I took his place.

As a side note, I talked Larry Riley into letting Curtis Love advance to the labor crew when there was another opening. I told him that I would let him work with me, and that I would take care of him. With that caveat, Larry agreed. You can read a couple of adventured I had with Curtis after he arrived on the labor crew by reading these posts: “Power Plant Safety as Interpreted by Curtis Love” and “Angel of Death Passes by the Precipitator Door“. Later, however, when I had moved on to be an electrician, Curtis was let go after having a vehicle accident and not reporting it right away.

What does this have to do with the EEOC shuffle? Well… about the time I have moved on to the labor crew, a new company-wide policy had been put in place for the internal “Employee Job Announcement Program”. Our power plant had some “irregularities” surrounding where our new employees were coming from. It seems that an inordinate amount of new employees were coming from Pawnee, and more particularly from a certain church. It was obvious to some that a more “uniform” method needed to be in place to keep local HR staff from hiring just their buddies.

Along with this, came a mandated that all external job announcements had to be sent to various different unemployment offices in a certain radius in order to guarantee that everyone that was interested had the opportunity to be informed about any new positions at the plant well in time to apply for it. That was, if the Internal job announcement program didn’t find any viable candidates within the company that was willing to take the job.

EEOC, by the way, means, Equal Employment Opportunity Commission. Around the same time that our plant had hired a “snitch” to go around an entrap unsuspecting employees into illegal activities , the EEOC had given us notice that we were not hiring enough women and American Indians as well as African Americans at the plant. Not only were we hiring enough, but we needed to have them spread out into a number of different jobs in the plant.

At the time the operators were 100% male. No women. The maintenance shop had a couple of women. The rest of the women at the plant were either clerks, working for the warehouse, or in the HR department…. Which all incidentally reported up to Jack Ballard our HR Supervisor. Well. Except for Yvonne Taylor in the Chemistry lab, and maybe someone that was on the testing team and of course Summer Goebel who was a Plant Engineer.

It wasn’t just women that were affected. We had to have an African American in Upper Management. Bill Bennett had become an A Foreman a few years earlier, and there was some discussion about whether they could promote him up one more level. He refused the offer. Later they decided that an A Foreman at our plant was high enough to be considered “upper management”.

American Indians were also a group of employees that needed to fill a certain quota. The Power Plant was located in North Central Oklahoma with many Indian Reservations surrounding it. I think we were supposed to have more than 10% American Indians employed at the plant. So the front office asked everyone to check to see if they were Indian enough to be considered. I think if you were 1/16th American Indian, you counted in the quota.

Some people were a little disturbed to be asked to report their racial status in order to fill a quota. Jerry Mitchell told me that he was Indian, but that he never had told anyone and he didn’t want to become a number, so he wasn’t going to tell them. I think we met our quota even without Jerry Mitchell and some others that felt insulted.

At the time, we had over 350 employees at the plant. That meant that we needed 35 women. I think we were closer to 25 when the push to hire more women went into effect.

The problem area that needed the most work was with the operators. Their entire organization had no women and they were told that they needed them. The problem was both structural and operational (yeah…. Operations had an operational problem…. how about that?).

There were two problems with hiring women to be operators. The first one was structural. The operators main base was the Control Room. That’s where their locker room was. That’s where their kitchen was. More importantly that’s where they could all stand around and watch Gene Day perform feats of magic by doing nothing more than standing there being…. well… being Gene Day!

There was only a Power Plant men’s locker room. There were no facilities for women. The nearest women’s rest / locker room was across the main plant in the office area, or downstairs in the Maintenance shop. This presented a logistical problem, especially on days when Gene Day made his special Chili or tortilla soup (Ok, I’m just picking on Gene Day…. We all know Gene never could cook. We loved him anyway).

Either way, there were times when taking a trek across the plant to make it to the nearest restroom was not acceptable. This was solved by building an additional rest / locker room in the control room for women operators. That problem was solved.

The operational problem inherent in operations was that they worked shift work. That is, each week, they shifted the hours they worked. Operators had to be working around the clock. So, one week, they would work from 7:00 am to 3:30 pm. Next week they may work from 3pm to 11:30pm, or from 11pm to 7:30am. The plant didn’t have any female applicants for a job where you had to work around the clock.

The EEOC said that wasn’t good enough. We needed to find women to work in operations. This was where Doris Voss became a person of interest.

Doris was asked if she would like to become an operator. Of course, she said no. She really still wanted to be a janitor, but was content being a receptionist. I’m not sure what she was told or was given, but she eventually agreed and moved over to become an operator. Another clerk, Helen Robinson was later coaxed into becoming an operator. Mary Lou Teeman was also hired into the Operations department. I don’t remember if she was a clerk before that, or if she was a new hire. — I do remember that she was the sweetest lady in operations.

Gene Day is the one standing on the right with the Orange shirt.

Gene Day is the one standing on the right with the Orange shirt (see what I mean about him being “instant Entertainment?). Mary Lou Teeman is standing next to him in the red shirt.

 

Here is a picture that includes Doris Voss:

Can you pick Doris Voss out of the lineup?

Can you pick Doris Voss out of the lineup?

And here is Helen Robinson:

Helen Robinson is third from the left in the back row.

Helen Robinson is third from the left in the back row.

How is it that Charles Peavler showed up in two pictures? — Oh. Taken at different times. Note that Charles Peavler with the gray shirt in the front row is kneeling on one knee, but Larry Tapp with the blue shirt next to him is standing….. Hey. Larry Tapp may be short, but he’s one of the nicest guys in this picture. I have a story about those two guys on the right side of this picture. Merl Wright and Jack Maloy. I’ll probably include that as a side story in a later post.

With the addition of the three new female operators, the EEOC shuffle was satisfied. We had added a few new female employees from the outside world and everyone was happy. Julienne Alley was added to the Welding shop during this time. The entire maintenance crew would agree that their new “Shop” mother was the best of them all.

Comment from the Original Post:

  1. Ron December 5,  2013:

    I don’t know what “policies” Martin Louthan agreed to with the two coal plant managers. I remember them talking about how hard it was keeping good workers in their Labor crews. We didn’t have Labor crews at the gas plants so we weren’t affected. When I moved to Sooner, I don’t remember that “policy” (terminated after 2 turn-downs to Labor crew) being in place. Was it?

    Plant Electrician December 5, 2013:

    No. It was just a policy created specifically to target one person. It was never enforced.

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.

Power Plant Women and the EEOC Shuffle

While I worked as a janitor at the coal-fired power plant in North Central Oklahoma the subject came up one Monday morning about the normal career path that janitors could take.  We had already been told that the only place a janitor could advance to was the labor crew.  We had been told that there was a company policy that came down from Oklahoma City that only allowed janitors to move to the labor crew before they could move on to another job like an Operator or Mechanic.

I had been trying to decide if I wanted to go the route of being an Operator or a Mechanic during my time as a janitor.  That is, until Charles Foster asked me if I would be interested in becoming an Electrician.  I had begun my studies to learn about being an electrician when there was an opening in the Electric Shop.  Charles Foster and Bill Bennett petitioned to hire me for the position, but the verdict came down from above that according to Company Policy, a janitor could only advance from janitor to the labor crew.  I didn’t have any expectation at the time of becoming an electrician given that I had no experience, so I wasn’t disappointed when Mike Rose was hired from outside the company.  He was hired to help out Jim Stevenson with Air Conditioning and Freeze Protection.

The next revelation about our position as janitor at the plant (and I’m sure that Ron Kilman, our next plant manager,  who reads this blog can testify that it really was company policy…. after all…. that’s what our plant manager told us.  — Just kidding…. I know that it really wasn’t), was that when it became our turn to move from being a janitor to moving to the labor crew, if we didn’t move to the labor crew during the next two openings on the labor crew, then we would be let go.  I mean… we would lose our job.

This revelation came about when Curtis Love was next in line to go to the labor crew and he was turned down.  Larry Riley, the foreman of the labor crew had observed Curtis while we were being loaned to the labor crew during outages and he didn’t want him on the crew for um…. various reasons.  After Curtis had been turned down, he was later told that if he didn’t move onto the labor crew when there was another opening, then the company had to fire him.  It was company policy (so we were told…. from Corporate Headquarters).

I had been around the plant long enough to know at that point that when we were told that it was company policy that came down to us from Corporate Headquarters, that, unless it was in our binders called General Policies and Practices, then it probably wasn’t really company policy.  It was more likely our evil plant manager’s excuse for not taking the responsibility himself and just telling us that this was the way it was, because he just said so….

One of two General Policies and Procedures Binders

One of two General Policies and Procedures Binders

Anyway… This caused a dilemma from an unlikely source on our team of janitors.  Doris Voss became worried that if she didn’t move onto the labor crew, that she would lose her job.  She was quite content at the time to have just stayed a janitor, but from this policy that had just come down from Corporate Headquarters, (i.e.  The front corner office of our plant), she either had to go to the labor crew, or lose her job.

So, what Doris decided to do was to apply for the job of receptionist that had just been vacated by Grant Harned (see the post “Power Plant Carpooling Adventures with Grant Harned“).  Doris applied for the job and her application was accepted.  She moved on to work at the receptionist desk.  I on the other hand was next in line behind Curtis Love.  So, when he was turned down for the labor crew, I took his place.

As a side note, I talked Larry Riley into letting Curtis Love advance to the labor crew when there was another opening.  I told him that I would let him work with me, and that I would take care of him.  With that caveat, Larry agreed.  You can read a couple of adventured I had with Curtis after he arrived on the labor crew by reading these posts:  “Power Plant Safety as Interpreted by Curtis Love” and “Angel of Death Passes by the Precipitator Door“.  Later, however, when I had moved on to be an electrician, Curtis was let go after having a vehicle accident and not reporting it right away.

What does this have to do with the EEOC shuffle?  Well… about the time I have moved on to the labor crew, a new company-wide policy had been put in place for the internal “Employee Job Announcement Program”.  Our power plant had some “irregularities” surrounding where our new employees were coming from.  It seems that an inordinate amount of new employees were coming from Pawnee, and more particularly from a certain church.  It was obvious to some that a more “uniform” method needed to be in place to keep local HR staff from hiring just their buddies.

Along with this, came a mandated that all external job announcements had to be sent to various different unemployment offices in a certain radius in order to guarantee that everyone that was interested had the opportunity to be informed about any new positions at the plant well in time to apply for it.  That was, if the Internal job announcement program didn’t find any viable candidates within the company that was willing to take the job.

EEOC, by the way, means, Equal Employment Opportunity Commission.  Around the same time that our plant had hired a “snitch” to go around an entrap unsuspecting employees into illegal activities , the EEOC had given us notice that we were not hiring enough women and American Indians as well as African Americans at the plant.  Not only were we hiring enough, but we needed to have them spread out into a number of different jobs in the plant.

At the time the operators were 100% male.  No women.  The maintenance shop had a couple of women.  The rest of the women at the plant were either clerks, working for the warehouse, or in the HR department…. Which all incidentally reported up to Jack Ballard our HR Supervisor.  Well.  Except for Yvonne Taylor in the Chemistry lab, and maybe someone that was on the testing team and of course Summer Goebel who was a Plant Engineer.

It wasn’t just women that were affected.  We had to have an African American in Upper Management.  Bill Bennett had become an A Foreman a few years earlier, and there was some discussion about whether they could promote him up one more level.  He refused the offer.  Later they decided that an A Foreman at our plant was high enough to be considered “upper management”.

American Indians were also a group of employees that needed to fill a certain quota.  The Power Plant was located in North Central Oklahoma with many Indian Reservations surrounding it.  I think we were supposed to have more than 10% American Indians employed at the plant.  So the front office asked everyone to check to see if they were Indian enough to be considered.  I think if you were 1/16th American Indian, you counted in the quota.

Some people were a little disturbed to be asked to report their racial status in order to fill a quota.  Jerry Mitchell told me that he was Indian, but that he never had told anyone and he didn’t want to become a number, so he wasn’t going to tell them.  I think we met our quota even without Jerry Mitchell and some others that felt insulted.

At the time, we had over 350 employees at the plant.  That meant that we needed 35 women.  I think we were closer to 25 when the push to hire more women went into effect.

The problem area that needed the most work was with the operators.  Their entire organization had no women and they were told that they needed them.  The problem was both structural and operational (yeah…. Operations had an operational problem…. how about that?).

There were two problems with hiring women to be operators.  The first one was structural.  The operators main base was the Control Room.  That’s where their locker room was.  That’s where their kitchen was.  More importantly that’s where they could all stand around and watch Gene Day perform feats of magic by doing nothing more than standing there being…. well… being Gene Day!

There was only a Power Plant men’s locker room.  There were no facilities for women.  The nearest women’s rest / locker room was across the main plant in the office area, or downstairs in the Maintenance shop.  This presented a logistical problem, especially on days when Gene Day made his special Chili or tortilla soup (Ok,  I’m just picking on Gene Day…. We all know Gene never could cook.  We loved him anyway).

Either way, there were times when taking a trek across the plant to make it to the nearest restroom was not acceptable.  This was solved by building an additional rest / locker room in the control room for women operators.  That problem was solved.

The operational problem inherent in operations was that they worked shift work.  That is, each week, they shifted the hours they worked.  Operators had to be working around the clock.  So, one week, they would work from 7:00 am to 3:30 pm.  Next week they may work from 3pm to 11:30pm, or from 11pm to 7:30am.  The plant didn’t have any female applicants for a job where you had to work around the clock.

The EEOC said that wasn’t good enough.  We needed to find women to work in operations.  This was where Doris Voss became a person of interest.

Doris was asked if she would like to become an operator.  Of course, she said no.  She really still wanted to be a janitor, but was content being a receptionist.  I’m not sure what she was told or was given, but she eventually agreed and moved over to become an operator.  Another clerk, Helen Robinson was later coaxed into becoming an operator.  Mary Lou Teeman was also hired into the Operations department.  I don’t remember if she was a clerk before that, or if she was a new hire. — I do remember that she was the sweetest lady in operations.

Gene Day is the one standing on the right with the Orange shirt.

Gene Day is the one standing on the right with the Orange shirt (see what I mean about him being “instant Entertainment?).  Mary Lou Teeman is standing next to him in the red shirt.

 

Here is a picture that includes Doris Voss:

Can you pick Doris Voss out of the lineup?

Can you pick Doris Voss out of the lineup?

And here is Helen Robinson:

Helen Robinson is third from the left in the back row.

Helen Robinson is third from the left in the back row.

How is it that Charles Peavler showed up in two pictures?  — Oh.  Taken at different times.  Note that Charles Peavler with the gray shirt in the front row is kneeling on one knee, but Larry Tapp with the blue shirt next to him is standing…..  Hey.  Larry Tapp may be short, but he’s one of the nicest guys in this picture.  I have a story about those two guys on the right side of this picture.  Merl Wright and Jack Maloy.  I’ll probably include that as a side story in a later post.

With the addition of the three new female operators, the EEOC shuffle was satisfied.  We had added a few new female employees from the outside world and everyone was happy.  Julienne Alley was added to the Welding shop during this time.  The entire maintenance crew would agree that their new “Shop” mother was the best of them all.