Power Plant Men Summoned by Department of Labor
Favorites Post #72
Originally posted August 30, 2014.
When a death or a near death occurs at a workplace due to an accident, OSHA (Occupational Safety and Health Administration) will investigate what happened. There are two reasons for this. If they find that the company has been negligent in following the safety regulations set down in CFR 1910, then they are fined (if the negligence is severe enough). OSHA also investigates the accident to see if changes are needed to regulations in order to protect employees due to new unsafe workplace conditions that are not currently covered under CFR 1910.
Because of the tragedy that happened at our plant that I outlined in the post: “Tragedy Occurs During Power Plant Safety Meeting” and after I had met with the OSHA man (Gerald Young) to give him my deposition as discussed in the post last week: “The OSHA Man Cometh“, the plant manager, the assistant plant manager, and I were summoned to the Department of Labor building in Oklahoma City at 10 o’clock on Monday April 18, 1994.
On a side note:
The Department of Labor office in Oklahoma City is just a couple of blocks from the Murrah Federal Building that was bombed exactly one year and one day after our visit on April 19, 1995. Not that there was any connection.
Murrah Building before the bombing in 1995
I mentioned this because I went to the Murrah building later that day after the meeting with OSHA to meet my brother for lunch. He was working there in the Marine Recruiting office at the time. I think he was a Major then. He changed jobs in June 1994 and moved to Washington D.C.. His replacement was killed in the bombing. Here he is Greg today as a full Marine Colonel:
Colonel Gregory T. Breazile
End of Side Note:
I was asked by Ron Kilman our plant manager to show up at 9:00 am on Monday in the building south of our main corporate headquarters where we rented office space to meet with the guys from our own Safety Department because they were required to attend the OSHA meeting with us. The Department of Labor building was just across the parking lot and across the street from this building, so we planned to walk from there.
I drove myself because Ron said he had other meetings to attend in Oklahoma City after this meeting was over and he wouldn’t be driving back to the plant. That was why I arranged to have lunch with my brother. I figured that word had gone out from Tom Gibson that I talk a lot during long trips, and he just wanted some peace and quiet that morning.
When we met with the Corporate Safety Department Jack Cox told us how we should act during the meeting with OSHA. He didn’t tell us to do anything wrong, like withhold information. He just told us to answer all the questions as truthfully as we could. Don’t offer any information that isn’t directly asked by OSHA. Don’t argue with them if you disagree.
From what I understood from the conversation, we were supposed to be polite, truthful and don’t waste their time going down a rat hole with specifics. I was told that I shouldn’t have to say anything and I should be quiet unless I was asked a specific question. The Safety department would answer all the questions and make any statements that need to be made. I was assured by them that I had nothing to be worried about. I only needed to tell the truth if asked anything.
If you know my personality, I always want to throw in my 2 cents, even when I know it is wasted on the audience. But I took this seriously. We were going to be fined by OSHA for 10 different violations relating to the accident that occurred at the plant. I was there because I was directly in charge of the work that was being done when the accident occurred. It was my deposition that was used to determine about half of the violations.
After we had been briefed on how we should behave during the meeting, as a group we walked from the corporate building over to the Department Of Labor building. One of the safety guys was carrying a few binders. I think one was the company’s Policies and Procedures book (We called it the GP&P).
One of two General Policies and Procedures Binders
Upon entering the building we went to the 3rd floor where we were asked to wait in a room until OSHA was ready for the meeting. The room had a long table down the middle. As usual, I picked a seat about halfway down on one side. I remember Ron Kilman sitting across from me and about 2 seats down.
Ron Kilman
We waited and we waited….. 10:00 came and went, and no one came. We quietly discussed whether this was to make us more nervous by keeping us waiting. Then someone came to the door and apologized. They said that Robert B. Reich, the U.S. Secretary of Labor was in the office that day and that had thrown off everyone’s schedule.
Robert B. Reich as he looked in 1994
This was quite a coincidence, and we wondered if Robert B. Reich (it seems like you need to put the B in his name in order to say it right) would be attending our meeting. That would sort of throw a whole new importance of me keeping my mouth shut to make sure I wasn’t putting my foot in it.
It seemed as if Mr. Reich had shown up unexpectedly. Or at least on short notice. Almost as if it was a surprise visit to check up on the place. He didn’t end up coming to our meeting. Now that I think about it. This was one day shy of being one year to the date that the Branch Davidians had burned themselves alive in Waco, which was one year and one day before the Murrah Building Bombing three blocks away from where we were sitting that morning. Aren’t coincidences interesting? Just saying…
The Siege of the Branch Davidian Compound outside Waco Texas
More about why Robert B. Reich was there further below.
Around 10:30 four or five OSHA lawyers (I assume they were lawyers, they talked like they were), came in the room along with the Jerry that had interviewed me a few weeks earlier. They apologized again for being late due to the arrival of their “supreme” boss. They sort of sat at one end of the room and the people from our company was more on the other end. Jerry, the OSHA man, sat next to me in the middle.
I was saying a mantra to myself…. “Don’t say anything… just keep quiet and listen…. don’t say anything… just keep quiet and listen.
The meeting began by the Lady at the end of the table reading off the violations to us. I don’t remember all 10. I remember the most important violations. They mainly centered around the new Confined Space section of 1910. It was 1910.146 that dealt with confined spaces and it had gone into affect April 1, 1993, almost one year before the accident happened. Generally, OSHA gives companies about a year to comply to the new regulations, which kind of put us right on the edge since the accident at our plant had occurred on March 3, 1994.
Because of this, some of the violations were quickly removed. That lowered the number down to 6 violations right away. That was good. No one from our company had said a word yet, and already the OSHA lawyers seemed to be on our side. Then they read off a violation that said that our company had not implemented the required Confined Space Program as outlined in CFR 1910.146.
This was when our Safety Department leader, Jack Cox. said that we would like to contest that violation, because here is the company policy manual that shows that we implemented the Confined Space Program before the end of the year.
One of the OSHA lawyers responded by saying that we had not fully implemented it because we had not trained the employees how to follow the policy. When he made that statement, Ron Kilman contested it.
He had a stack of papers that showed that each of the employees at the plant had taken the training and had signed a paper saying they had read the policy. Not only that, but the person that was hurt was not a company employee, they were an outside vendor who was hired by the company to vacuum out the hoppers.
The OSHA man said that just because they took the course did not mean that they were properly trained. Ron asked how do you know they weren’t properly trained. The OSHA man replied, “Because they didn’t follow all the rules. If they had, no one would have been hurt.” — What do you say to that? You can tell we weren’t properly trained because someone was hurt? I suppose that the OSHA rules were written in such a way that if you followed them to the letter, no matter what kind of mechanical failure happens, no one will be hurt. I could see the frustration on Ron’s face.
I was a little amused by Ron’s statement though because Jack Cox had told us to just let them answer all the questions and the first seemingly absurd thing the OSHA man had said, Ron had addressed. — I smiled and said to myself…. “Don’t say anything… just keep quiet and listen…”
One of the violations was that we didn’t have a Confined Space Rescue Team. That was true, we didn’t. There was something in the regulations that said, if a rescue team could arrive in a reasonable time from somewhere else, we didn’t have to have our own rescue team…. Well, we lived 20 miles from the nearest fire station equipped with a Confined Space Rescue team. So, there was that…. That was a legitimate violation.
The next violation was that we didn’t have a rescue plan for every confined space in the plant and each confined space was not clearly marked with a Confined Space sign. This was a legitimate violation.
The next violation was that we hadn’t coordinated efforts between different work groups working in confined spaces together. This was clearly stated in the regulations…. — Oh oh. that was me… I think I was mid-mantra when I heard that one. I had just said to myself… “…anything….just keep….” when I heard this violation. I stopped muttering to myself and immediately forgot that I was supposed to keep quiet.
I said, “But wait a minute. We did coordinate between the three groups that were working in the confined spaces. I was coordinating that. I had posted a sheet on a beam in the middle of the hopper area where the accident occurred where the Brown and Root contractors, and the vacuum truck contractors knew what hoppers were still full and which were safe to enter.
I kept the sheet updated each day and so did the vacuum truck workers. They indicated when they had finished vacuuming out a hopper, and I would inspect it from above. When I deemed it safe, the Brown and Root contractors could enter the space. The accident occurred because one of the vacuum truck workers entered the confined space while still cleaning it out and before I had inspected it to make sure it was safe.”
Jerry (the OSHA man that had interviewed me turned and said, “Oh. I didn’t know that. Do you still have that piece of paper?” — Incredibly, I did. About a week after all the vacuuming had finished and all the hoppers were safe, I was walking through the hopper area under the precipitator where I found the paper with the duct tape still on it laying on the grating. Without realizing the importance, I picked it up and brought it back to the janitor closet behind the electric shop that we now used as a “Precipitator Fly Ash Cleanup Room”. I had laid it on a shelf there. The lawyers said, “Send us the original sheet and we will drop this violation.
Here is a copy of the piece of paper. The big black splotch at the top is what duct tape looks like when you make a copy of it.
A copy of The Hopper Tracking Sheet
Well, that worked out good. I had stepped out of line by opening my mouth before I had been asked a question, but everything worked out all right.
The final verdict was that we had four violations. We had to re-train our employees on Confined Spaces. We had to create a Confined Space Rescue Team. We had to put the correct signs on all of the confined spaces and we had to develop rescue plans for all of the confined spaces on the plant grounds. If we did that by August 1, 1994, the four remaining violations which amounted to a $40,000 fine would all be dropped. So, we had our work cut out for us. This not only impacted our plant, but all the Power Plants. The meeting was adjourned.
I already told you what I did after the meeting (I went and ate lunch with my brother). But I haven’t mentioned yet why Robert B. Reich had made a surprise visit to the Department of Labor building in Oklahoma City on April 18.
As it turned out, that morning, Labor Secretary Reich had come to Oklahoma City to hand deliver a $7.5 million fine to Dayton Tire Company. This was due to an accident that had resulted in a man, Bob L. Jullian, being crushed by a piece of machinery in the tire plant. He died a week and a half later at the age of 53.
Robert B. Reich had become so angry when he had studied the case on Friday that he wanted to hand deliver the citation himself the following Monday. That is how we ended up in the building at the same time on Monday, April 18, 1994. We resolved our dispute with OSHA on a congenial note and the citations were dropped on August 1. Dayton, however, was still fighting the conviction 18 years later, eventually paying around a $2 million penalty.
Now you know the rest of the story. Well, almost. Like I said, we had a lot of work to do in the next three and a half months.
Final Battle for the Illusive Power Plant Safety Pizza
Favorites Post #25
Originally posted January 24, 2015
The Electric Shop had tried for three years to win the Safety Slogan of the Year award. Not because we thought we were safer than any of the other teams at the coal-fired power plant in North Central Oklahoma, but because we really liked pizza (see the post: “When Power Plant Competition Turns Terribly Safe“) . When the plant was downsized in 1994, the electric shop no longer existed as it had before. We had become cross-functional teams (See the post: “Crossfunctional Power Plant Dysfunction“). It looked as if our dream of winning the Power Plant Safety Pizza was no longer in our grasp.
My carpooling buddy, Toby O’Brien had moved from our plant as a Plant Engineer to the Safety Department in Oklahoma City. He was working with Julia Bevers and Chris McAlister. Chris had also moved from our plant as a labor crew hand to the Safety Department (This was a great opportunity for Chris!).
Power Plant Engineer and Good Friend – Toby O’Brien
Bill Green our new plant manager introduced a jar of beads during his first safety meeting. We each picked a bead randomly from the jar through a small hole in the top. Then Bill Green pointed out that the color of bead represented the result of doing something unsafe.
The green color meant that nothing happened. The other colors reach represented a different type of accident that occurred. The ratio of beads in the jar represented the likelihood of each type of accident happening. There was one black bead in the jar. That meant that you died when you did something unsafe. I used to keep the number of each color of marble in my wallet, but that piece of paper disintegrated over the years.
The types of accidents were something like: First Aid Case, Reportable Accident, Lost Work Day Accident, Hospitalized, and Death.
Bill Green
A couple of months after the downsizing, the Safety department announced that they were going to have a Safety contest. The contest would be held at each plant and it involved each of the supervisor’s computers. The prize for the contest was that the winning team would be able to eat a free lunch with complements from the safety team.
Great! Shortly after the electric shop is busted up and we were scattered to the wind, we finally had one last chance to win the ever illusive Power Plant Safety Pizza! Only, how were we going to do it? I was working on Alan Kramer’s team. My old foreman Andy Tubbs (not old in the sense that he was an old man… old in that he was my former foreman) was now one of the other supervisors with only my old bucket buddy (you know what I mean… not “old” old) Diana Brien as the electrician on his team.
My Bucket Buddy Diana Brien
Before I go further to explain my conflict during this contest, let me explain how the contest worked.
The supervisors had new computers that ran using Windows 3.1. Back then, the screensaver on the computer didn’t just shut down the monitor like most of them do today. Instead, they showed some kind of message, or picture or something animated that kept moving around so that your monitor didn’t get burned in with an image that was constantly on your screen, such as your wallpaper and your icons.
The Safety Department said that each team should come up with some way to display the idea of “Safety” using a screensaver. They suggested using the screensaver that let you type in a message that would scroll across the screen when the screensaver was turned on. That was a simple built-in screensaver that came with Windows 3.1.
Then the Safety Department would come to the plant on a particular day and judge each of the computer’s screensaver and announce the winner. Sounds simple enough.
We first heard about the Safety Slogan Screensaver contest in our Monday Morning Meeting with our team. Alan Kramer said we should come up with a good slogan that we could put on our scrolling message screensaver. I kept my mouth shut at the time, because I didn’t know exactly how to proceed. I was having a feeling of mixed loyalty since my old Electric Shop Team with Andy Tubbs as our foreman had written over 300 safety slogans and had purposely been blocked from winning the Prized Pizza each year.
Andy Tubbs – True Power Plant Electrician
Not long after the morning meeting, Andy Tubbs came up to me in the Electric Shop and said, “We have to win this contest! That Pizza should be ours! I need you to come up with the best screensaver you can that will blow the others away.” I gave him my usual answer when Andy asked me to do something (even when he was no longer my foreman). I said, “Ok, I’ll see what I can do.”
I went down our list of safety slogans looking for the best slogan I could find. Here are a few of them:
“Having an accident is never convenient, So always make Safety a key ingredient.”
“Take the time to do it right, Use your goggles, save your sight.”
“To take the lead in the ‘Safety Race’, You must pay attention to your work place.”
“Unsafe conditions can be resolved, If we all work together and get involved.”
After thumbing through the entire list, I knew we really needed something else. So, I began to think of alternate screen savers. One caught my attention. It was called “Spotlight”. It came with the “After Dark 2.0 Screensavers” (best known for the “Flying Toaster” screensaver). I had found a freeware version that did the same thing. You can see how the spotlight works at 7:15 on the video below (just slide the time bar over to 7:15):
For those who can’t view YouTube videos directly through the above picture, here is the direct link: “After Dark Screensavers“.
The spotlight screensaver basically turns your screen dark, then has a circle (or spotlight) where you can see the background screen behind it. It roams around on your desktop showing only that portion of your wallpaper at a time. You can adjust the size of the circle and the speed that it moves around the screen.
Taking our safety slogans, I began creating a wallpaper for the computer screen by filling it with little one liner safety slogans. I also added yellow flags to the wallpaper because that was a symbol for safety at our plant (for more information why see the post: “Power Plant Imps and Accident Apes“).
See the Yellow Flag Before the Accident Happens
With the help of Charles Foster and Scott Hubbard (both Power Plant electricians), when I was finished the wallpaper looked like this:
Safety Slogan Wallpaper
I printed this out in black and white, but the slogans were written in different colors.
I arranged Andy’s icons on his desktop so they were around the edge of the screen. That way they didn’t cover up the safety slogans. I set the speed of the spotlight to very slow and and the size of the spotlight so that it was just big enough to see each safety slogan. The effect worked out real well. Imagine a dark screen with a spotlight moving randomly around the screen exposing each safety slogan (and yellow flag… don’t forget about those) as it went.
Besides the electricians, no one else knew that I was working on this for Andy. As far as Alan Kramer knew, I was on his side in this contest. I even kept Toby O’Brien in the dark about it, because I knew that he was going to be one of the judges and even though he knew how much winning the Safety Pizza meant to me. I didn’t want to influence his decision. Besides, this Safety Screensaver was going to win. It was the coolest screensaver around. The trick was to keep it hidden from the other teams until it was time for the Safety Department to judge it.
I had the impression from Toby that he had purposely talked the Safety Department into this contest to give me a chance to win the Safety Pizza at our plant. Scott Hubbard and I had carpooled with Toby throughout the years we were trying to win that pizza, and I think he just felt our pain enough that when he was in the position, he was trying to pay us back for our effort.
The screensaver judging was done during the morning, and was going to be announced that afternoon during the monthly safety meeting. A short time before the Safety Meeting began, Toby O’Brien came up to me and in an apologetic manner told me that the safety slogan winner probably wasn’t going to be who I thought it was. I figured that was because he thought I was hoping Alan Kramer’s team was going to win since that was my team. I just smiled back and told him that it was all right.
It was announced during the safety meeting that Andy Tubbs’ team won the contest, and all the electricians were happy. I think it was at that point that Alan Kramer realized that I had helped Andy with his screensaver. He looked at me as if I had betrayed him. I said something like, “Andy Tubbs has been trying to win a safety contest for years. It’s about time.”
Alan Kramer
The following week, when Andy’s team was given their prize for winning the safety screensaver contest, he brought two pizzas to the electric shop and we all sat around the table relishing in the pepperonis. We had finally received our Power Plant Safety Pizza! Even though I really like pizza anytime, the pizza that day tasted especially good.
Power Plant Pepperoni Pizza
I don’t know if we ever told Toby that when Andy Tubbs team won, we all won. Maybe some day he will read this story and know…. “The Rest of the Story”.
In case you can’t read all the little safety slogans on the wallpaper, here is a list of them:
Safety First. Be Safe. Safety begins here. Watch your step. Check your boundaries. Have Good Posture. Haste makes waste. Bend your knees. Avoid Shortcuts. Be Safe or Be Gone. Know your chemicals. Check O2 before Entry. Use Safety Guards. Know your limit. Report Spills. Safety is job #1. Beware of Pinch Points. Buckle up. Safety is no accident. Impatience kills. Strive to Survive. Protect your hearing. Use the right tool. Keep your back straight. Drive friendly. Keep Aisles clear. Don’t take chances. Prevention is the cure. Safety is your job. Communicate with others. Always tie off. Don’t cut corners. Wear your glasses. Act safe. Barricade Hazards. Use your respirator. Be responsible. Lock it out. Plug your ears. Stay fit. Safety never hurts. Don’t block exits. Be aware of your surroundings. Safety is top priority. Don’t be careless. Pick up your trash. Think Ahead. Slippery When Wet. Think Safety. Don’t hurry. Report Hazards. Wear your gloves. Save your eyes. No Running. Wear your Safety Belt. Plan Ahead. Avoid Backing. Use your Safety Sense. Good Housekeeping. Get Help. Keep Cylinders Chained. Protect your hands. Don’t improvise. Beware of hazards. Get the Safety Habit. Be Prepared. Gear up for Safety. Use your PPE. Do not litter. Zero Accidents. Don’t be a Bead (a reference to Bill Green’s jar of beads). Eat Right. Keep Floors clean. Watch out. Safety Pays. Drive Safely. Take Safety Home. Know Safety, use Safety. Read the MSDS. Cotton Clothes Prevents Burns. Follow the rules. Wear your hard hat. Watch out for your buddy. Test your Confined space. Remember the Yellow Flag. Safe Mind, Sound Body. Clean up your spills. Don’t take risks. Beware of Ice. Watch out for the other guy. Obey the rules. Don’t tailgate. Circle for safety. Safety Me, Safety You. Protect your Toes. Knowing is not enough. When in doubt, Check it out. Falls can kill. Be Alert! Avoid slick spots. Safety is a team event. Almost is not enough. Avoid the Noise. Give Safety your all. And finally… This Space for Rent.
Power Plant Men Summoned by Department of Labor
Originally posted August 30, 2014.
When a death or a near death occurs at a workplace due to an accident, OSHA (Occupational Safety and Health Administration) will investigate what happened. There are two reasons for this. If they find that the company has been negligent in following the safety regulations set down in CFR 1910, then they are fined (if the negligence is severe enough). OSHA also investigates the accident to see if changes are needed to regulations in order to protect employees due to new unsafe workplace conditions that are not currently covered under CFR 1910.
Because of the tragedy that happened at our plant that I outlined in the post: “Tragedy Occurs During Power Plant Safety Meeting” and after I had met with the OSHA man (Gerald Young) to give him my deposition as discussed in the post last week: “The OSHA Man Cometh“, the plant manager, the assistant plant manager, and I were summoned to the Department of Labor building in Oklahoma City at 10 o’clock on Monday April 18, 1994.
On a side note:
The Department of Labor office in Oklahoma City is just a couple of blocks from the Murrah Federal Building that was bombed exactly one year and one day after our visit on April 19, 1995. Not that there was any connection.
Murrah Building before the bombing in 1995
I mentioned this because I went to the Murrah building later that day after the meeting with OSHA to meet my brother for lunch. He was working there in the Marine Recruiting office at the time. I think he was a Major then. He changed jobs in June 1994 and moved to Washington D.C. I think. His replacement was killed in the bombing. Here he is Greg today as a full Marine Colonel:
Colonel Gregory T. Breazile
End of Side Note:
I was asked by Ron Kilman our plant manager to show up at 9:00 am on Monday in the building south of our main corporate headquarters where we rented office space to meet with the guys from our own Safety Department because they were required to attend the OSHA meeting with us. The Department of Labor building was just across the parking lot and across the street from this building, so we planned to walk from there.
I drove myself because Ron said he had other meetings to attend in Oklahoma City after this meeting was over and he wouldn’t be driving back to the plant. That was why I arranged to have lunch with my brother.
When we met with the Corporate Safety Department Jack Cox told us how we should act during the meeting with OSHA. He didn’t tell us to do anything wrong, like withhold information. He just told us to answer all the questions as truthfully as we could. Don’t offer any information that isn’t directly asked by OSHA. Don’t argue with them if you disagree.
From what I understood from the conversation, we were supposed to be polite, truthful and don’t waste their time going down a rat hole with specifics. I was told that I shouldn’t have to say anything and I should be quiet unless I was asked a specific question. The Safety department would answer all the questions and make any statements that need to be made. I was assured by them that I had nothing to be worried about. I only needed to tell the truth if asked anything.
If you know my personality, I always want to throw in my 2 cents, even when I know it is wasted on the audience. But I took this seriously. We were going to be fined by OSHA for 10 different violations relating to the accident that occurred at the plant. I was there because I was directly in charge of the work that was being done when the accident occurred. It was my deposition that was used to determine about half of the violations.
After we had been briefed on how we should behave during the meeting, as a group we walked from the corporate building over to the Department Of Labor building. One of the safety guys was carrying a few binders. I think one was the company’s Policies and Procedures book (We called it the GP&P).
One of two General Policies and Procedures Binders
Upon entering the building we went to the 3rd floor where we were asked to wait in a room until OSHA was ready for the meeting. The room had a long table down the middle. As usual, I picked a seat about halfway down on one side. I remember Ron Kilman sitting across from me and about 2 seats down.
Ron Kilman
We waited and we waited….. 10:00 came and went, and no one came. We quietly discussed whether this was to make us more nervous by keeping us waiting. Then someone came to the door and apologized. They said that Robert B. Reich, the U.S. Secretary of Labor was in the office that day and that had thrown off everyone’s schedule.
Robet B. Reich as he looked in 1994
This was quite a coincidence, and we wondered if Robert B. Reich (it seems like you need to put the B in his name in order to say it right) would be attending our meeting. That would sort of throw a whole new importance of me keeping my mouth shut to make sure I wasn’t putting my foot in it.
It seemed as if Mr. Reich had shown up unexpectedly. Or at least on short notice. Almost as if it was a surprise visit to check up on the place. He didn’t end up coming to our meeting. Now that I think about it. This was one day shy of being one year to the date that the Branch Davidians had burned themselves alive in Waco, which was one year and one day before the Murrah Building Bombing three blocks away from where we were sitting that morning. Aren’t coincidences interesting? Just saying…
The Siege of the Branch Davidian Compound outside Waco Texas
More about why Robert B. Reich was there further below.
Around 10:30 four or five OSHA lawyers (I assume they were lawyers, they talked like they were), came in the room along with the Jerry that had interviewed me a few weeks earlier. They apologized again for being late due to the arrival of their “supreme” boss. They sort of sat at one end of the room and the people from our company was more on the other end. Jerry, the OSHA man, sat next to me in the middle.
I was saying a mantra to myself…. “Don’t say anything… just keep quiet and listen…. don’t say anything… just keep quiet and listen.
The meeting began by the Lady at the end of the table reading off the violations to us. I don’t remember all 10. I remember the most important violations. They mainly centered around the new Confined Space section of 1910. It was 1910.146 that dealt with confined spaces and it had gone into affect April 1, 1993, almost one year before the accident happened. Generally, OSHA gives companies about a year to comply to the new regulations, which kind of put us right on the edge since the accident at our plant had occurred on March 3, 1994.
Because of this, some of the violations were quickly removed. That lowered the number down to 6 violations right away. That was good. No one from our company had said a word yet, and already the OSHA lawyers seemed to be on our side. Then they read off a violation that said that our company had not implemented the required Confined Space Program as outlined in CFR 1910.146.
This was when our Safety Department leader, Jack Cox. said that we would like to contest that violation, because here is the company policy manual that shows that we implemented the Confined Space Program before the end of the year.
One of the OSHA lawyers responded by saying that we had not fully implemented it because we had not trained the employees how to follow the policy. When he made that statement, Ron Kilman contested it. He had a stack of papers that showed that each of the employees at the plant had taken the training and had signed a paper saying they had read the policy. Not only that, but the person that was hurt was not a company employee, they were an outside vendor who was hired by the company to vacuum out the hoppers.
The OSHA man said that just because they took the course did not mean that they were properly trained. Ron asked how do you know they weren’t properly trained. The OSHA man replied, “Because they didn’t follow all the rules. If they had, no one would have been hurt.” — What do you say to that? You can tell we weren’t properly trained because someone was hurt? I suppose that the OSHA rules were written in such a way that if you followed them to the letter, no matter what kind of mechanical failure happens, no one will be hurt. I could see the frustration on Ron’s face.
I was a little amused by Ron’s statement though because Jack Cox had told us to just let them answer all the questions and the first seemingly absurd thing the OSHA man had said, Ron had addressed. — I smiled and said to myself…. “Don’t say anything… just keep quiet and listen…”
One of the violations was that we didn’t have a Confined Space Rescue Team. That was true, we didn’t. There was something in the regulations that said, if a rescue team could arrive in a reasonable time from somewhere else, we didn’t have to have our own rescue team…. Well, we lived 20 miles from the nearest fire station equipped with a Confined Space Rescue team. So, there was that…. That was a legitimate violation.
The next violation was that we didn’t have a rescue plan for every confined space in the plant and each confined space was not clearly marked with a Confined Space sign. This was a legitimate violation.
The next violation was that we hadn’t coordinated efforts between different work groups working in confined spaces together. This was clearly stated in the regulations…. — Oh oh. that was me… I think I was mid-mantra when I heard that one. I had just said to myself… “…anything….just keep….” when I heard this violation. I stopped muttering to myself and immediately forgot that I was supposed to keep quiet.
I said, “But wait a minute. We did coordinate between the three groups that were working in the confined spaces. I was coordinating that. I had posted a sheet on a beam in the middle of the hopper area where the accident occurred where the Brown and Root contractors, and the vacuum truck contractors knew what hoppers were still full and which were safe to enter. I kept the sheet updated each day and so did the vacuum truck workers. They indicated when they had finished vacuuming out a hopper, and I would inspect it from above. When I deemed it safe, the Brown and Root contractors could enter the space. The accident occurred because one of the vacuum truck workers entered the confined space while still cleaning it out and before I had inspected it to make sure it was safe.”
Jerry (the OSHA man that had interviewed me turned and said, “Oh. I didn’t know that. Do you still have that piece of paper?” — Incredibly, I did. About a week after all the vacuuming had finished and all the hoppers were safe, I was walking through the hopper area under the precipitator where I found the paper with the duct tape still on it laying on the grating. Without realizing the importance, I picked it up and brought it back to the janitor closet behind the electric shop that we now used as a “Precipitator Fly Ash Cleanup Room”. I had laid it on a shelf there. The lawyers said, “Send us the original sheet and we will drop this violation.
Here is a copy of the piece of paper. The big black splotch at the top is what duct tape looks like when you make a copy of it.
A copy of The Hopper Tracking Sheet
Well, that worked out good. I had stepped out of line by opening my mouth before I had been asked a question, but everything worked out all right.
The final verdict was that we had four violations. We had to re-train our employees on Confined Spaces. We had to create a Confined Space Rescue Team. We had to put the correct signs on all of the confined spaces and we had to develop rescue plans for all of the confined spaces on the plant grounds. If we did that by August 1, 1994, the four remaining violations which amounted to a $40,000 fine would all be dropped. So, we had our work cut out for us. This not only impacted our plant, but all the Power Plants. The meeting was adjourned.
I already told you what I did after the meeting (I went and ate lunch with my brother). But I haven’t mentioned yet why Robert B. Reich had made a surprise visit to the Department of Labor building in Oklahoma City on April 18.
As it turned out, that morning, Labor Secretary Reich had come to Oklahoma City to hand deliver a $7.5 million fine to Dayton Tire Company. This was due to an accident that had resulted in a man, Bob L. Jullian, being crushed by a piece of machinery in the tire plant. He died a week and a half later at the age of 53.
Robert B. Reich had become so angry when he had studied the case on Friday that he wanted to hand deliver the citation himself the following Monday. That is how we ended up in the building at the same time on Monday, April 18, 1994. We resolved our dispute with OSHA on a congenial note and the citations were dropped on August 1. Dayton, however, was still fighting the conviction 18 years later, eventually paying around a $2 million penalty.
Now you know the rest of the story. Well, almost. Like I said, we had a lot of work to do in the next three and a half months.
Final Battle for the Illusive Power Plant Safety Pizza
The Electric Shop had tried for three years to win the Safety Slogan of the Year award. Not because we thought we were safer than any of the other teams at the coal-fired power plant in North Central Oklahoma, but because we really liked pizza (see the post: “When Power Plant Competition Turns Terribly Safe“) . When the plant was downsized in 1994, the electric shop no longer existed as it had before. We had become cross-functional teams (See the post: “Crossfunctional Power Plant Dysfunction“). It looked as if our dream of winning the Power Plant Safety Pizza was no longer in our grasp.
My carpooling buddy, Toby O’Brien had moved from our plant as a Plant Engineer to the Safety Department in Oklahoma City. He was working with Julia Bevers and Chris McAlister. Chris had also moved from our plant as a labor crew hand to the Safety Department (This was a great opportunity for Chris!).
Power Plant Engineer and Good Friend – Toby O’Brien
Bill Green our new plant manager introduced a jar of beads during his first safety meeting. We each picked a bead randomly from the jar through a small hole in the top. Then Bill Green pointed out that the color of bead represented the result of doing something unsafe.
The green color meant that nothing happened. The other colors reach represented a different type of accident that occurred. The ratio of beads in the jar represented the likelihood of each type of accident happening. There was one black bead in the jar. That meant that you died when you did something unsafe. I used to keep the number of each color of marble in my wallet, but that piece of paper disintegrated over the years.
The types of accidents were something like: First Aid Case, Reportable Accident, Lost Work Day Accident, Hospitalized, and Death.
Bill Green
A couple of months after the downsizing, the Safety department announced that they were going to have a Safety contest. The contest would be held at each plant and it involved each of the supervisor’s computers. The prize for the contest was that the winning team would be able to eat a free lunch with complements from the safety team.
Great! Shortly after the electric shop is busted up and we were scattered to the wind, we finally had one last chance to win the ever illusive Power Plant Safety Pizza! Only, how were we going to do it? I was working on Alan Kramer’s team. My old foreman Andy Tubbs (not old in the sense that he was an old man… old in that he was my former foreman) was now one of the other supervisors with only my old bucket buddy (you know what I mean… not “old” old) Diana Brien as the electrician on his team.
My Bucket Buddy Diana Brien
Before I go further to explain my conflict during this contest, let me explain how the contest worked.
The supervisors had new computers that ran using Windows 3.1. Back then, the screensaver on the computer didn’t just shut down the monitor like most of them do today. Instead, they showed some kind of message, or picture or something animated that kept moving around so that your monitor didn’t get burned in with an image that was constantly on your screen, such as your wallpaper and your icons.
The Safety Department said that each team should come up with some way to display the idea of “Safety” using a screensaver. They suggested using the screensaver that let you type in a message that would scroll across the screen when the screensaver was turned on. That was a simple built-in screensaver that came with Windows 3.1.
Then the Safety Department would come to the plant on a particular day and judge each of the computer’s screensaver and announce the winner. Sounds simple enough.
We first heard about the Safety Slogan Screensaver contest in our Monday Morning Meeting with our team. Alan Kramer said we should come up with a good slogan that we could put on our scrolling message screensaver. I kept my mouth shut at the time, because I didn’t know exactly how to proceed. I was having a feeling of mixed loyalty since my old Electric Shop Team with Andy Tubbs as our foreman had written over 300 safety slogans and had purposely been blocked from winning the Prized Pizza each year.
Andy Tubbs – True Power Plant Electrician
Not long after the morning meeting, Andy Tubbs came up to me in the Electric Shop and said, “We have to win this contest! That Pizza should be ours! I need you to come up with the best screensaver you can that will blow the others away.” I gave him my usual answer when Andy asked me to do something (even when he was no longer my foreman). I said, “Ok, I’ll see what I can do.”
I went down our list of safety slogans looking for the best slogan I could find. Here are a few of them:
“Having an accident is never convenient, So always make Safety a key ingredient.”
“Take the time to do it right, Use your goggles, save your sight.”
“To take the lead in the ‘Safety Race’, You must pay attention to your work place.”
“Unsafe conditions can be resolved, If we all work together and get involved.”
After thumbing through the entire list, I knew we really needed something else. So, I began to think of alternate screen savers. One caught my attention. It was called “Spotlight”. It came with the “After Dark 2.0 Screensavers” (best known for the “Flying Toaster” screensaver). I had found a freeware version that did the same thing. You can see how the spotlight works at 7:15 on the video below (just slide the time bar over to 7:15):
For those who can’t view YouTube videos directly through the above picture, here is the direct link: “After Dark Screensavers“.
The spotlight screensaver basically turns your screen dark, then has a circle (or spotlight) where you can see the background screen behind it. It roams around on your desktop showing only that portion of your wallpaper at a time. You can adjust the size of the circle and the speed that it moves around the screen.
Taking our safety slogans, I began creating a wallpaper for the computer screen by filling it with little one liner safety slogans. I also added yellow flags to the wallpaper because that was a symbol for safety at our plant (for more information why see the post: “Power Plant Imps and Accident Apes“).
See the Yellow Flag Before the Accident Happens
With the help of Charles Foster and Scott Hubbard (both Power Plant electricians), when I was finished the wallpaper looked like this:
Safety Slogan Wallpaper
I printed this out in black and white, but the slogans were written in different colors.
I arranged Andy’s icons on his desktop so they were around the edge of the screen. That way they didn’t cover up the safety slogans. I set the speed of the spotlight to very slow and and the size of the spotlight so that it was just big enough to see each safety slogan. The effect worked out real well. Imagine a dark screen with a spotlight moving randomly around the screen exposing each safety slogan (and yellow flag… don’t forget about those) as it went.
Besides the electricians, no one else knew that I was working on this for Andy. As far as Alan Kramer knew, I was on his side in this contest. I even kept Toby O’Brien in the dark about it, because I knew that he was going to be one of the judges and even though he knew how much winning the Safety Pizza meant to me. I didn’t want to influence his decision. Besides, this Safety Screensaver was going to win. It was the coolest screensaver around. The trick was to keep it hidden from the other teams until it was time for the Safety Department to judge it.
I had the impression from Toby that he had purposely talked the Safety Department into this contest to give me a chance to win the Safety Pizza at our plant. Scott Hubbard and I had carpooled with Toby throughout the years we were trying to win that pizza, and I think he just felt our pain enough that when he was in the position, he was trying to pay us back for our effort.
The screensaver judging was done during the morning, and was going to be announced that afternoon during the monthly safety meeting. A short time before the Safety Meeting began, Toby O’Brien came up to me and in an apologetic manner told me that the safety slogan winner probably wasn’t going to be who I thought it was. I figured that was because he thought I was hoping Alan Kramer’s team was going to win since that was my team. I just smiled back and told him that it was all right.
It was announced during the safety meeting that Andy Tubbs’ team won the contest, and all the electricians were happy. I think it was at that point that Alan Kramer realized that I had helped Andy with his screensaver. He looked at me as if I had betrayed him. I said something like, “Andy Tubbs has been trying to win a safety contest for years. It’s about time.”
Alan Kramer
The following week, when Andy’s team was given their prize for winning the safety screensaver contest, he brought two pizzas to the electric shop and we all sat around the table relishing in the pepperonis. We had finally received our Power Plant Safety Pizza! Even though I really like pizza anytime, the pizza that day tasted especially good.
Power Plant Pepperoni Pizza
I don’t know if we ever told Toby that when Andy Tubbs team won, we all won. Maybe some day he will read this story and know…. “The Rest of the Story”.
In case you can’t read all the little safety slogans on the wallpaper, here is a list of them:
Safety First. Be Safe. Safety begins here. Watch your step. Check your boundaries. Have Good Posture. Haste makes waste. Bend your knees. Avoid Shortcuts. Be Safe or Be Gone. Know your chemicals. Check O2 before Entry. Use Safety Guards. Know your limit. Report Spills. Safety is job #1. Beware of Pinch Points. Buckle up. Safety is no accident. Impatience kills. Strive to Survive. Protect your hearing. Use the right tool. Keep your back straight. Drive friendly. Keep Aisles clear. Don’t take chances. Prevention is the cure. Safety is your job. Communicate with others. Always tie off. Don’t cut corners. Wear your glasses. Act safe. Barricade Hazards. Use your respirator. Be responsible. Lock it out. Plug your ears. Stay fit. Safety never hurts. Don’t block exits. Be aware of your surroundings. Safety is top priority. Don’t be careless. Pick up your trash. Think Ahead. Slippery When Wet. Think Safety. Don’t hurry. Report Hazards. Wear your gloves. Save your eyes. No Running. Wear your Safety Belt. Plan Ahead. Avoid Backing. Use your Safety Sense. Good Housekeeping. Get Help. Keep Cylinders Chained. Protect your hands. Don’t improvise. Beware of hazards. Get the Safety Habit. Be Prepared. Gear up for Safety. Use your PPE. Do not litter. Zero Accidents. Don’t be a Bead (a reference to Bill Green’s jar of beads). Eat Right. Keep Floors clean. Watch out. Safety Pays. Drive Safely. Take Safety Home. Know Safety, use Safety. Read the MSDS. Cotton Clothes Prevents Burns. Follow the rules. Wear your hard hat. Watch out for your buddy. Test your Confined space. Remember the Yellow Flag. Safe Mind, Sound Body. Clean up your spills. Don’t take risks. Beware of Ice. Watch out for the other guy. Obey the rules. Don’t tailgate. Circle for safety. Safety Me, Safety You. Protect your Toes. Knowing is not enough. When in doubt, Check it out. Falls can kill. Be Alert! Avoid slick spots. Safety is a team event. Almost is not enough. Avoid the Noise. Give Safety your all. And finally… This Space for Rent.
Power Plant Men Summoned by Department of Labor
Originally posted August 30, 2014.
When a death or a near death occurs at a workplace due to an accident, OSHA Occupational Safety and Health Administration) will investigate what happened. There are two reasons for this. If they find that the company has been negligent in following the safety regulations set down in CFR 1910, then they are fined (if the negligence is severe enough). OSHA also investigates the accident to see if changes are needed to regulations in order to protect employees due to new unsafe workplace conditions that are not currently covered under CFR 1910.
Because of the tragedy that happened at our plant that I outlined in the post: “Tragedy Occurs During Power Plant Safety Committee” and after I had met with the OSHA man (Gerald Young) to give him my deposition as discussed in the post last week: “The OSHA Man Cometh“, the plant manager, the assistant plant manager, and I were summoned to the Department of Labor building in Oklahoma City at 10 o’clock on Monday April 18, 1994.
On a side note:
The Department of Labor office in Oklahoma City is just a couple of blocks from the Murrah Federal Building that was bombed exactly one year and one day after our visit on April 19, 1995. Not that there was any connection.
Murrah Building before the bombing in 1995
I mentioned this because I went to the Murrah building later that day after the meeting with OSHA to meet my brother for lunch. He was working there in the Marine Recruiting office at the time. I think he was a Major then. He changed jobs in June 1994 and moved to Washington D.C. I think. His replacement was killed in the bombing. Here he is Greg today as a full Colonel:
Colonel Gregory T. Breazile
End of Side Note:
I was asked by Ron Kilman our plant manager to show up at 9:00 am on Monday in the building south of our main corporate headquarters where we rented office space to meet with the guys from our own Safety Department because they were required to attend the OSHA meeting with us. The Department of Labor building was just across the parking lot and across the street from this building, so we planned to walk from there.
I drove myself because Ron said he had other meetings to attend in Oklahoma City after this meeting was over and he wouldn’t be driving back to the plant. That was why I arranged to have lunch with my brother.
When we met with the Corporate Safety Department Jack Cox told us how we should act during the meeting with OSHA. He didn’t tell us to do anything wrong, like withhold information. He just told us to answer all the questions as truthfully as we could. Don’t offer any information that isn’t directly asked by OSHA. Don’t argue with them if you disagree.
From what I understood from the conversation, we were supposed to be polite, truthful and don’t waste their time going down a rat hole with specifics. I was told that I shouldn’t have to say anything and I should be quiet unless I was asked a specific question. The Safety department would answer all the questions and make any statements that need to be made. I was assured by them that I had nothing to be worried about. I only needed to tell the truth if asked anything.
If you know my personality, I always want to throw in my 2 cents, even when I know it is wasted on the audience. But I took this seriously. We were going to be fined by OSHA for 10 different violations relating to the accident that occurred at the plant. I was there because I was directly in charge of the work that was being done when the accident occurred. It was my deposition that was used to determine about half of the violations.
After we had been briefed on how we should behave during the meeting, as a group we walked from the corporate building over to the Department Of Labor building. One of the safety guys was carrying a few binders. I think one was the company’s Policies and Procedures book (We called it the GP&P).
One of two General Policies and Procedures Binders
Upon entering the building we went to the 3rd floor where we were asked to wait in a room until OSHA was ready for the meeting. The room had a long table down the middle. As usual, I picked a seat about halfway down on one side. I remember Ron Kilman sitting across from me and about 2 seats down.
Ron Kilman
We waited and we waited….. 10:00 came and went, and no one came. We quietly discussed whether this was to make us more nervous by keeping us waiting. Then someone came to the door and apologized. They said that Robert B. Reich, the U.S. Secretary of Labor was in the office that day and that had thrown off everyone’s schedule.
Robet B. Reich as he looked in 1994
This was quite a coincidence, and we wondered if Robert B. Reich (it seems like you need to put the B in his name in order to say it right) would be attending our meeting. That would sort of throw a whole new importance of me keeping my mouth shut to make sure I wasn’t putting my foot in it.
It seemed as if Mr. Reich had shown up unexpectedly. Or at least on short notice. Almost as if it was a surprise visit to check up on the place. He didn’t end up coming to our meeting. Now that I think about it. This was one day shy of being one year to the date that the Branch Davidians had burned themselves alive in Waco, which was one year and one day before the Murrah Building Bombing three blocks away from where we were sitting that morning. Aren’t coincidences interesting? Just saying…
The Siege of the Branch Davidian Compound outside Waco Texas
More about why Robert B. Reich was there further below.
Around 10:30 four or five OSHA lawyers (I assume they were lawyers, they talked like they were), came in the room along with the Jerry that had interviewed me a few weeks earlier. They apologized again for being late due to the arrival of their “supreme” boss. They sort of sat at one end of the room and the people from our company was more on the other end. Jerry, the OSHA man, sat next to me in the middle.
I was saying a mantra to myself…. “Don’t say anything… just keep quiet and listen…. don’t say anything… just keep quiet and listen.
The meeting began by the Lady at the end of the table reading off the violations to us. I don’t remember all 10. I remember the most important violations. They mainly centered around the new Confined Space section of 1910. It was 1910.146 that dealt with confined spaces and it had gone into affect April 1, 1993, almost one year before the accident happened. Generally, OSHA gives companies about a year to comply to the new regulations, which kind of put us right on the edge since the accident at our plant had occurred on March 3, 1994.
Because of this, some of the violations were quickly removed. That lowered the number down to 6 violations right away. That was good. No one from our company had said a word yet, and already the OSHA lawyers seemed to be on our side. Then they read off a violation that said that our company had not implemented the required Confined Space Program as outlined in CFR 1910.146.
This was when our Safety Department leader, Jack Cox. said that we would like to contest that violation, because here is the company policy manual that shows that we implemented the Confined Space Program before the end of the year.
One of the OSHA lawyers responded by saying that we had not fully implemented it because we had not trained the employees how to follow the policy. When he made that statement, Ron Kilman contested it. He had a stack of papers that showed that each of the employees at the plant had taken the training and had signed a paper saying they had read the policy. Not only that, but the person that was hurt was not a company employee, they were an outside vendor who was hired by the company to vacuum out the hoppers.
The OSHA man said that just because they took the course did not mean that they were properly trained. Ron asked how do you know they weren’t properly trained. The OSHA man replied, “Because they didn’t follow all the rules. If they had, no one would have been hurt.” — What do you say to that? You can tell we weren’t properly trained because someone was hurt? I suppose that the OSHA rules were written in such a way that if you followed them to the letter, no matter what kind of mechanical failure happens, no one will be hurt. I could see the frustration on Ron’s face.
I was a little amused by Ron’s statement though because Jack Cox had told us to just let them answer all the questions and the first seemingly absurd thing the OSHA man had said, Ron had addressed. — I smiled and said to myself…. “Don’t say anything… just keep quiet and listen…”
One of the violations was that we didn’t have a Confined Space Rescue Team. That was true, we didn’t. There was something in the regulations that said, if a rescue team could arrive in a reasonable time from somewhere else, we didn’t have to have our own rescue team…. Well, we lived 20 miles from the nearest fire station equipped with a Confined Space Rescue team. So, there was that…. That was a legitimate violation.
The next violation was that we didn’t have a rescue plan for every confined space in the plant and each confined space was not clearly marked with a Confined Space sign. This was a legitimate violation.
The next violation was that we hadn’t coordinated efforts between different work groups working in confined spaces together. This was clearly stated in the regulations…. — Oh oh. that was me… I think I was mid-mantra when I heard that one. I had just said to myself… “…anything….just keep….” when I heard this violation. I stopped muttering to myself and immediately forgot that I was supposed to keep quiet.
I said, “But wait a minute. We did coordinate between the three groups that were working in the confined spaces. I was coordinating that. I had posted a sheet on a beam in the middle of the hopper area where the accident occurred where the Brown and Root contractors, and the vacuum truck contractors knew what hoppers were still full and which were safe to enter. I kept the sheet updated each day and so did the vacuum truck workers. They indicated when they had finished vacuuming out a hopper, and I would inspect it from above. When I deemed it safe, the Brown and Root contractors could enter the space. The accident occurred because one of the vacuum truck workers entered the confined space while still cleaning it out and before I had inspected it to make sure it was safe.”
Jerry (the OSHA man that had interviewed me turned and said, “Oh. I didn’t know that. Do you still have that piece of paper?” — Incredibly, I did. About a week after all the vacuuming had finished and all the hoppers were safe, I was walking through the hopper area under the precipitator where I found the paper with the duct tape still on it laying on the grating. Without realizing the importance, I picked it up and brought it back to the janitor closet behind the electric shop that we now used as a “Precipitator Fly Ash Cleanup Room”. I had laid it on a shelf there. The lawyers said, “Send us the original sheet and we will drop this violation.
Here is a copy of the piece of paper. The big black splotch at the top is what duct tape looks like when you make a copy of it.
A copy of The Hopper Tracking Sheet
Well, that worked out good. I had stepped out of line by opening my mouth before I had been asked a question, but everything worked out all right.
The final verdict was that we had four violations. We had to re-train our employees on Confined Spaces. We had to create a Confined Space Rescue Team. We had to put the correct signs on all of the confined spaces and we had to develop rescue plans for all of the confined spaces on the plant grounds. If we did that by August 1, 1994, the four remaining violations which amounted to a $40,000 fine would all be dropped. So, we had our work cut out for us. This not only impacted our plant, but all the Power Plants. The meeting was adjourned.
I already told you what I did after the meeting (I went and ate lunch with my brother). But I haven’t mentioned yet why Robert B. Reich had made a surprise visit to the Department of Labor building in Oklahoma City on April 18.
As it turned out, that morning, Labor Secretary Reich had come to Oklahoma City to hand deliver a $7.5 million fine to Dayton Tire Company. This was due to an accident that had resulted in a man, Bob L. Jullian, being crushed by a piece of machinery in the tire plant. He died a week and a half later at the age of 53.
Robert B. Reich had become so angry when he had studied the case on Friday that he wanted to hand deliver the citation himself the following Monday. That is how we ended up in the building at the same time on Monday, April 18, 1994. We resolved our dispute with OSHA on a congenial note and the citations were dropped on August 1. Dayton, however, was still fighting the conviction 18 years later, eventually paying around a $2 million penalty.
Now you know the rest of the story. Well, almost. Like I said, we had a lot of work to do in the next three and a half months.
Final Battle for the Illusive Power Plant Safety Pizza
The Electric Shop had tried for three years to win the Safety Slogan of the Year award. Not because we thought we were safer than any of the other teams at the coal-fired power plant in North Central Oklahoma, but because we really liked pizza (see the post: “When Power Plant Competition Turns Terribly Safe“) . When the plant was downsized in 1994, the electric shop no longer existed as it had before. We had become cross-functional teams (See the post: “Crossfunctional Power Plant Dysfunction“). It looked as if our dream of winning the Power Plant Safety Pizza was no longer in our grasp.
My carpooling buddy, Toby O’Brien had moved from our plant as a Plant Engineer to the Safety Department in Oklahoma City. He was working with Julia Bevers and Chris McAlister. Chris had also moved from our plant as a labor crew hand to the Safety Department (This was a great opportunity for Chris!).
Power Plant Engineer and Good Friend – Toby O’Brien
Bill Green our new plant manager introduced a jar of beads during his first safety meeting. We each picked a bead randomly from the jar through a small hole in the top. Then Bill Green pointed out that the color of bead represented the result of doing something unsafe.
The green color meant that nothing happened. The other colors reach represented a different type of accident that occurred. The ratio of beads in the jar represented the likelihood of each type of accident happening. There was one black bead in the jar. That meant that you died when you did something unsafe. I used to keep the number of each color of marble in my wallet, but that piece of paper disintegrated over the years.
The types of accidents were something like: First Aid Case, Reportable Accident, Lost Work Day Accident, Hospitalized, and Death.
Bill Green
A couple of months after the downsizing, the Safety department announced that they were going to have a Safety contest. The contest would be held at each plant and it involved each of the supervisor’s computers. The prize for the contest was that the winning team would be able to eat a free lunch with complements from the safety team.
Great! Shortly after the electric shop is busted up and we were scattered to the wind, we finally had one last chance to win the ever illusive Power Plant Safety Pizza! Only, how were we going to do it? I was working on Alan Kramer’s team. My old foreman Andy Tubbs (not old in the sense that he was an old man… old in that he was my former foreman) was now one of the other supervisors with only my old bucket buddy (you know what I mean… not “old” old) Diana Brien as the electrician on his team.
My Bucket Buddy Diana Brien
Before I go further to explain my conflict during this contest, let me explain how the contest worked.
The supervisors had new computers that ran using Windows 3.1. Back then, the screensaver on the computer didn’t just shut down the monitor like most of them do today. Instead, they showed some kind of message, or picture or something animated that kept moving around so that your monitor didn’t get burned in with an image that was constantly on your screen, such as your wallpaper and your icons.
The Safety Department said that each team should come up with some way to display the idea of “Safety” using a screensaver. They suggested using the screensaver that let you type in a message that would scroll across the screen when the screensaver was turned on. That was a simple built-in screensaver that came with Windows 3.1.
Then the Safety Department would come to the plant on a particular day and judge each of the computer’s screensaver and announce the winner. Sounds simple enough.
We first heard about the Safety Slogan Screensaver contest in our Monday Morning Meeting with our team. Alan Kramer said we should come up with a good slogan that we could put on our scrolling message screensaver. I kept my mouth shut at the time, because I didn’t know exactly how to proceed. I was having a feeling of mixed loyalty since my old Electric Shop Team with Andy Tubbs as our foreman had written over 300 safety slogans and had purposely been blocked from winning the Prized Pizza each year.
Andy Tubbs – True Power Plant Electrician
Not long after the morning meeting, Andy Tubbs came up to me in the Electric Shop and said, “We have to win this contest! That Pizza should be ours! I need you to come up with the best screensaver you can that will blow the others away.” I gave him my usual answer when Andy asked me to do something (even when he was no longer my foreman). I said, “Ok, I’ll see what I can do.”
I went down our list of safety slogans looking for the best slogan I could find. Here are a few of them:
“Having an accident is never convenient, So always make Safety a key ingredient.”
“Take the time to do it right, Use your goggles, save your sight.”
“To take the lead in the ‘Safety Race’, You must pay attention to your work place.”
“Unsafe conditions can be resolved, If we all work together and get involved.”
After thumbing through the entire list, I knew we really needed something else. So, I began to think of alternate screen savers. One caught my attention. It was called “Spotlight”. It came with the “After Dark 2.0 Screensavers” (best known for the “Flying Toaster” screensaver). I had found a freeware version that did the same thing. You can see how the spotlight works at 7:15 on the video below (just slide the time bar over to 7:15):
For those who can’t view YouTube videos directly through the above picture, here is the direct link: “After Dark Screensavers“.
The spotlight screensaver basically turns your screen dark, then has a circle (or spotlight) where you can see the background screen behind it. It roams around on your desktop showing only that portion of your wallpaper at a time. You can adjust the size of the circle and the speed that it moves around the screen.
Taking our safety slogans, I began creating a wallpaper for the computer screen by filling it with little one liner safety slogans. I also added yellow flags to the wallpaper because that was a symbol for safety at our plant (for more information why see the post: “Power Plant Imps and Accident Apes“).
See the Yellow Flag Before the Accident Happens
With the help of Charles Foster and Scott Hubbard (both Power Plant electricians), when I was finished the wallpaper looked like this:
Safety Slogan Wallpaper
I printed this out in black and white, but the slogans were written in different colors.
I arranged Andy’s icons on his desktop so they were around the edge of the screen. That way they didn’t cover up the safety slogans. I set the speed of the spotlight to very slow and and the size of the spotlight so that it was just big enough to see each safety slogan. The effect worked out real well. Imagine a dark screen with a spotlight moving randomly around the screen exposing each safety slogan (and yellow flag… don’t forget about those) as it went.
Besides the electricians, no one else knew that I was working on this for Andy. As far as Alan Kramer knew, I was on his side in this contest. I even kept Toby O’Brien in the dark about it, because I knew that he was going to be one of the judges and even though he knew how much winning the Safety Pizza meant to me. I didn’t want to influence his decision. Besides, this Safety Screensaver was going to win. It was the coolest screensaver around. The trick was to keep it hidden from the other teams until it was time for the Safety Department to judge it.
I had the impression from Toby that he had purposely talked the Safety Department into this contest to give me a chance to win the Safety Pizza at our plant. Scott Hubbard and I had carpooled with Toby throughout the years we were trying to win that pizza, and I think he just felt our pain enough that when he was in the position, he was trying to pay us back for our effort.
The screensaver judging was done during the morning, and was going to be announced that afternoon during the monthly safety meeting. A short time before the Safety Meeting began, Toby O’Brien came up to me and in an apologetic manner told me that the safety slogan winner probably wasn’t going to be who I thought it was. I figured that was because he thought I was hoping Alan Kramer’s team was going to win since that was my team. I just smiled back and told him that it was all right.
It was announced during the safety meeting that Andy Tubbs’ team won the contest, and all the electricians were happy. I think it was at that point that Alan Kramer realized that I had helped Andy with his screensaver. He looked at me as if I had betrayed him. I said something like, “Andy Tubbs has been trying to win a safety contest for years. It’s about time.”
Alan Kramer
The following week, when Andy’s team was given their prize for winning the safety screensaver contest, he brought two pizzas to the electric shop and we all sat around the table relishing in the pepperonis. We had finally received our Power Plant Safety Pizza! Even though I really like pizza anytime, the pizza that day tasted especially good.
Power Plant Pepperoni Pizza
I don’t know if we ever told Toby that when Andy Tubbs team won, we all won. Maybe some day he will read this story and know…. “The Rest of the Story”.
In case you can’t read all the little safety slogans on the wallpaper, here is a list of them:
Safety First. Be Safe. Safety begins here. Watch your step. Check your boundaries. Have Good Posture. Haste makes waste. Bend your knees. Avoid Shortcuts. Be Safe or Be Gone. Know your chemicals. Check O2 before Entry. Use Safety Guards. Know your limit. Report Spills. Safety is job #1. Beware of Pinch Points. Buckle up. Safety is no accident. Impatience kills. Strive to Survive. Protect your hearing. Use the right tool. Keep your back straight. Drive friendly. Keep Aisles clear. Don’t take chances. Prevention is the cure. Safety is your job. Communicate with others. Always tie off. Don’t cut corners. Wear your glasses. Act safe. Barricade Hazards. Use your respirator. Be responsible. Lock it out. Plug your ears. Stay fit. Safety never hurts. Don’t block exits. Be aware of your surroundings. Safety is top priority. Don’t be careless. Pick up your trash. Think Ahead. Slippery When Wet. Think Safety. Don’t hurry. Report Hazards. Wear your gloves. Save your eyes. No Running. Wear your Safety Belt. Plan Ahead. Avoid Backing. Use your Safety Sense. Good Housekeeping. Get Help. Keep Cylinders Chained. Protect your hands. Don’t improvise. Beware of hazards. Get the Safety Habit. Be Prepared. Gear up for Safety. Use your PPE. Do not litter. Zero Accidents. Don’t be a Bead (a reference to Bill Green’s jar of beads). Eat Right. Keep Floors clean. Watch out. Safety Pays. Drive Safely. Take Safety Home. Know Safety, use Safety. Read the MSDS. Cotton Clothes Prevents Burns. Follow the rules. Wear your hard hat. Watch out for your buddy. Test your Confined space. Remember the Yellow Flag. Safe Mind, Sound Body. Clean up your spills. Don’t take risks. Beware of Ice. Watch out for the other guy. Obey the rules. Don’t tailgate. Circle for safety. Safety Me, Safety You. Protect your Toes. Knowing is not enough. When in doubt, Check it out. Falls can kill. Be Alert! Avoid slick spots. Safety is a team event. Almost is not enough. Avoid the Noise. Give Safety your all. And finally… This Space for Rent.
Power Plant Men Summoned by Department of Labor
Originally posted August 30, 2014.
When a death or a near death occurs at a workplace due to an accident, OSHA Occupational Safety and Health Administration) will investigate what happened. There are two reasons for this. If they find that the company has been negligent in following the safety regulations set down in CFR 1910, then they are fined (if the negligence is sever enough). OSHA also investigates the accident to see if changes are needed to regulations in order to protect employees due to new unsafe workplace conditions that are not currently covered under CFR 1910.
Because of the tragedy that happened at our plant that I outlined in the post: “Tragedy Occurs During Power Plant Safety Committee” and after I had met with the OSHA man (Gerald Young) to give him my deposition as discussed in the post last week: “The OSHA Man Cometh“, the plant manager, the assistant plant manager, and I were summoned to the Department of Labor building in Oklahoma City at 10 o’clock on Monday April 18, 1994.
On a side note:
The Department of Labor office in Oklahoma City is just a couple of blocks from the Murrah Federal Building that was bombed exactly one year and one day after our visit on April 19, 1995. Not that there was any connection.
Murrah Building before the bombing in 1995
I mentioned this because I went to the Murrah building later that day after the meeting with OSHA to meet my brother for lunch. He was working there in the Marine Recruiting office at the time. I think he was a Major then. He changed jobs in June 1994 and moved to Washington D.C. I think. His replacement was killed in the bombing. Here he is Greg today as a full Colonel:
Colonel Gregory T. Breazile
End of Side Note:
I was asked by Ron Kilman our plant manager to show up at 9:00 am on Monday in the building south of our main corporate headquarters where we rented office space to meet with the guys from our own Safety Department because they were required to attend the OSHA meeting with us. The Department of Labor building was just across the parking lot and across the street from this building, so we planned to walk from there.
I drove myself because Ron said he had other meetings to attend in Oklahoma City after this meeting was over and he wouldn’t be driving back to the plant. That was why I arranged to have lunch with my brother.
When we met with the Corporate Safety Department Jack Cox told us how we should act during the meeting with OSHA. He didn’t tell us to do anything wrong, like withhold information. He just told us to answer all the questions as truthfully as we could. Don’t offer any information that isn’t directly asked by OSHA. Don’t argue with them if you disagree.
From what I understood from the conversation, we were supposed to be polite, truthful and don’t waste their time going down a rat hole with specifics. I was told that I shouldn’t have to say anything and I should be quiet unless I was asked a specific question. The Safety department would answer all the questions and make any statements that need to be made. I was assured by them that I had nothing to be worried about. I only needed to tell the truth if asked anything.
If you know my personality, I always want to throw in my 2 cents, even when I know it is wasted on the audience. But I took this seriously. We were going to be fined by OSHA for 10 different violations relating to the accident that occurred at the plant. I was there because I was directly in charge of the work that was being done when the accident occurred. It was my deposition that was used to determine about half of the violations.
After we had been briefed on how we should behave during the meeting, as a group we walked from the corporate building over to the Department Of Labor building. One of the safety guys was carrying a few binders. I think one was the company’s Policies and Procedures book (We called it the GP&P).
One of two General Policies and Procedures Binders
Upon entering the building we went to the 3rd floor where we were asked to wait in a room until OSHA was ready for the meeting. The room had a long table down the middle. As usual, I picked a seat about halfway down on one side. I remember Ron Kilman sitting across from me and about 2 seats down.
Ron Kilman
We waited and we waited….. 10:00 came and went, and no one came. We quietly discussed whether this was to make us more nervous by keeping us waiting. Then someone came to the door and apologized. They said that Robert B. Reich, the U.S. Secretary of Labor was in the office that day and that had thrown off everyone’s schedule.
Robet B. Reich as he looked in 1994
This was quite a coincidence, and we wondered if Robert B. Reich (it seems like you need to put the B in his name in order to say it right) would be attending our meeting. That would sort of throw a whole new importance of me keeping my mouth shut to make sure I wasn’t putting my foot in it.
It seemed as if Mr. Reich had shown up unexpectedly. Or at least on short notice. Almost as if it was a surprise visit to check up on the place. He didn’t end up coming to our meeting. Now that I think about it. This was one day shy of being one year to the date that the Branch Davidians had burned themselves alive in Waco, which was one year and one day before the Murrah Building Bombing three blocks away from where we were sitting that morning. Aren’t coincidences interesting? Just saying…
The Siege of the Branch Davidian Compound outside Waco Texas
More about why Robert B. Reich was there further below.
Around 10:30 four or five OSHA lawyers (I assume they were lawyers, they talked like they were), came in the room along with the Jerry that had interviewed me a few weeks earlier. They apologized again for being late due to the arrival of their “supreme” boss. They sort of sat at one end of the room and the people from our company was more on the other end. Jerry, the OSHA man, sat next to me in the middle.
I was saying a mantra to myself…. “Don’t say anything… just keep quiet and listen…. don’t say anything… just keep quiet and listen.
The meeting began by the Lady at the end of the table reading off the violations to us. I don’t remember all 10. I remember the most important violations. They mainly centered around the new Confined Space section of 1910. It was 1910.146 that dealt with confined spaces and it had gone into affect April 1, 1993, almost one year before the accident happened. Generally, OSHA gives companies about a year to comply to the new regulations, which kind of put us right on the edge since the accident at our plant had occurred on March 3, 1994.
Because of this, some of the violations were quickly removed. That lowered the number down to 6 violations right away. That was good. No one from our company had said a word yet, and already the OSHA lawyers seemed to be on our side. Then they read off a violation that said that our company had not implemented the required Confined Space Program as outlined in CFR 1910.146.
This was when our Safety Department leader, Jack Cox. said that we would like to contest that violation, because here is the company policy manual that shows that we implemented the Confined Space Program before the end of the year.
One of the OSHA lawyers responded by saying that we had not fully implemented it because we had not trained the employees how to follow the policy. When he made that statement, Ron Kilman contested it. He had a stack of papers that showed that each of the employees at the plant had taken the training and had signed a paper saying they had read the policy. Not only that, but the person that was hurt was not a company employee, they were an outside vendor who was hired by the company to vacuum out the hoppers.
The OSHA man said that just because they took the course did not mean that they were properly trained. Ron asked how do you know they weren’t properly trained. The OSHA man replied, “Because they didn’t follow all the rules. If they had, no one would have been hurt.” — What do you say to that? You can tell we weren’t properly trained because someone was hurt? I suppose that the OSHA rules were written in such a way that if you followed them to the letter, no matter what kind of mechanical failure happens, no one will be hurt. I could see the frustration on Ron’s face.
I was a little amused by Ron’s statement though because Jack Cox had told us to just let them answer all the questions and the first seemingly absurd thing the OSHA man had said, Ron had addressed. — I smiled and said to myself…. “Don’t say anything… just keep quiet and listen…”
One of the violations was that we didn’t have a Confined Space Rescue Team. That was true, we didn’t. There was something in the regulations that said, if a rescue team could arrive in a reasonable time from somewhere else, we didn’t have to have our own rescue team…. Well, we lived 20 miles from the nearest fire station equipped with a Confined Space Rescue team. So, there was that…. That was a legitimate violation.
The next violation was that we didn’t have a rescue plan for every confined space in the plant and each confined space was not clearly marked with a Confined Space sign. This was a legitimate violation.
The next violation was that we hadn’t coordinated efforts between different work groups working in confined spaces together. This was clearly stated in the regulations…. — Oh oh. that was me… I think I was mid-mantra when I heard that one. I had just said to myself… “…anything….just keep….” when I heard this violation. I stopped muttering to myself and immediately forgot that I was supposed to keep quiet.
I said, “But wait a minute. We did coordinate between the three groups that were working in the confined spaces. I was coordinating that. I had posted a sheet on a beam in the middle of the hopper area where the accident occurred where the Brown and Root contractors, and the vacuum truck contractors knew what hoppers were still full and which were safe to enter. I kept the sheet updated each day and so did the vacuum truck workers. They indicated when they had finished vacuuming out a hopper, and I would inspect it from above. When I deemed it safe, the Brown and Root contractors could enter the space. The accident occurred because one of the vacuum truck workers entered the confined space while still cleaning it out and before I had inspected it to make sure it was safe.”
Jerry (the OSHA man that had interviewed me turned and said, “Oh. I didn’t know that. Do you still have that piece of paper?” — Incredibly, I did. About a week after all the vacuuming had finished and all the hoppers were safe, I was walking through the hopper area under the precipitator when I found the paper with the duct tape still on it laying on the grating. Without realizing the importance, I picked it up and brought it back to the janitor closet behind the electric shop that we now used as a “Precipitator Fly Ash Cleanup Room”. I had laid it on a shelf there. The lawyers said, “Send us the original sheet and we will drop this violation.
Here is a copy of the piece of paper. The big black splotch at the top is what duct tape looks like when you make a copy of it.
A copy of The Hopper Tracking Sheet
Well, that worked out good. I had stepped out of line by opening my mouth before I had been asked a question, but everything worked out all right.
The final verdict was that we had four violations. We had to re-train our employees on Confined Spaces. We had to create a Confined Space Rescue Team. We had to put the correct signs on all of the confined spaces and we had to develop rescue plans for all of the confined spaces on the plant grounds. If we did that by August 1, 1994, the four remaining violations which amounted to a $40,000 fine would all be dropped. So, we had our work cut out for us. This not only impacted our plant, but all the Power Plants. The meeting was adjourned.
I already told you what I did after the meeting (I went and ate lunch with my brother). But I haven’t mentioned yet why Robert B. Reich had made a surprise visit to the Department of Labor building in Oklahoma City on April 18.
As it turned out, that morning, Labor Secretary Reich had come to Oklahoma City to hand deliver a $7.5 million fine to Dayton Tire Company. This was due to an accident that had resulted in a man, Bob L. Jullian, being crushed by a piece of machinery in the tire plant. He died a week and a half later at the age of 53.
Robert B. Reich had become so angry when he had studied the case on Friday that he wanted to hand deliver the citation himself the following Monday. That is how we ended up in the building at the same time on Monday, April 18, 1994. We resolved our dispute with OSHA on a congenial note and the citations were dropped on August 1. Dayton, however, was still fighting the conviction 18 years later, eventually paying around a $2 million penalty.
Now you know the rest of the story. Well, almost. Like I said, we had a lot of work to do in the next three and a half months.
Final Battle for the Illusive Power Plant Safety Pizza
The Electric Shop had tried for three years to win the Safety Slogan of the Year award. Not because we thought we were safer than any of the other teams at the coal-fired power plant in North Central Oklahoma, but because we really liked pizza (see the post: “When Power Plant Competition Turns Terribly Safe“) . When the plant was downsized in 1994, the electric shop no longer existed as it had before. We had become cross-functional teams (See the post: “Crossfunctional Power Plant Dysfunction“). It looked as if our dream of winning the Power Plant Safety Pizza was no longer in our grasp.
My carpooling buddy, Toby O’Brien had moved from our plant as a Plant Engineer to the Safety Department in Oklahoma City. He was working with Julia Bevers and Chris McAlister. Chris had also moved from our plant as a labor crew hand to the Safety Department (This was a great opportunity for Chris!).
Power Plant Engineer and Good Friend – Toby O’Brien
Bill Green our new plant manager introduced a jar of beads during his first safety meeting. We each picked a bead randomly from the jar through a small hole in the top. Then Bill Green pointed out that the color of bead represented the result of doing something unsafe.
The green color meant that nothing happened. The other colors reach represented a different type of accident that occurred. The ratio of beads in the jar represented the likelihood of each type of accident happening. There was one black bead in the jar. That meant that you died when you did something unsafe. I used to keep the number of each color of marble in my wallet, but that piece of paper disintegrated over the years.
The types of accidents were something like: First Aid Case, Reportable Accident, Lost Work Day Accident, Hospitalized, and Death.
Bill Green
A couple of months after the downsizing, the Safety department announced that they were going to have a Safety contest. The contest would be held at each plant and it involved each of the supervisor’s computers. The prize for the contest was that the winning team would be able to eat a free lunch with complements from the safety team.
Great! Shortly after the electric shop is busted up and we were scattered to the wind, we finally had one last chance to win the ever illusive Power Plant Safety Pizza! Only, how were we going to do it? I was working on Alan Kramer’s team. My old foreman Andy Tubbs (not old in the sense that he was an old man… old in that he was my former foreman) was now one of the other supervisors with only my old bucket buddy (you know what I mean… not “old” old) Diana Brien as the electrician on his team.
My Bucket Buddy Diana Brien
Before I go further to explain my conflict during this contest, let me explain how the contest worked.
The supervisors had new computers that ran using Windows 3.1. Back then, the screensaver on the computer didn’t just shut down the monitor like most of them do today. Instead, they showed some kind of message, or picture or something animated that kept moving around so that your monitor didn’t get burned in with an image that was constantly on your screen, such as your wallpaper and your icons.
The Safety Department said that each team should come up with some way to display the idea of “Safety” using a screensaver. They suggested using the screensaver that let you type in a message that would scroll across the screen when the screensaver was turned on. That was a simple built-in screensaver that came with Windows 3.1.
Then the Safety Department would come to the plant on a particular day and judge each of the computer’s screensaver and announce the winner. Sounds simple enough.
We first heard about the Safety Slogan Screensaver contest in our Monday Morning Meeting with our team. Alan Kramer said we should come up with a good slogan that we could put on our scrolling message screensaver. I kept my mouth shut at the time, because I didn’t know exactly how to proceed. I was having a feeling of mixed loyalty since my old Electric Shop Team with Andy Tubbs as our foreman had written over 300 safety slogans and had purposely been blocked from winning the Prized Pizza each year.
Andy Tubbs – True Power Plant Electrician
Not long after the morning meeting, Andy Tubbs came up to me in the Electric Shop and said, “We have to win this contest! That Pizza should be ours! I need you to come up with the best screensaver you can that will blow the others away.” I gave him my usual answer when Andy asked me to do something (even when he was no longer my foreman). I said, “Ok, I’ll see what I can do.”
I went down our list of safety slogans looking for the best slogan I could find. Here are a few of them:
“Having an accident is never convenient, So always make Safety a key ingredient.”
“Take the time to do it right, Use your goggles, save your sight.”
“To take the lead in the ‘Safety Race’, You must pay attention to your work place.”
“Unsafe conditions can be resolved, If we all work together and get involved.”
After thumbing through the entire list, I knew we really needed something else. So, I began to think of alternate screen savers. One caught my attention. It was called “Spotlight”. It came with the “After Dark 2.0 Screensavers” (best known for the “Flying Toaster” screensaver). I had found a freeware version that did the same thing. You can see how the spotlight works at 7:15 on the video below (just slide the time bar over to 7:15):
For those who can’t view YouTube videos directly through the above picture, here is the direct link: “After Dark Screensavers“.
The spotlight screensaver basically turns your screen dark, then has a circle (or spotlight) where you can see the background screen behind it. It roams around on your desktop showing only that portion of your wallpaper at a time. You can adjust the size of the circle and the speed that it moves around the screen.
Taking our safety slogans, I began creating a wallpaper for the computer screen by filling it with little one liner safety slogans. I also added yellow flags to the wallpaper because that was a symbol for safety at our plant (for more information why see the post: “Power Plant Imps and Accident Apes“).
See the Yellow Flag Before the Accident Happens
With the help of Charles Foster and Scott Hubbard (both Power Plant electricians), when I was finished the wallpaper looked like this:
Safety Slogan Wallpaper
I printed this out in black and white, but the slogans were written in different colors.
I arranged Andy’s icons on his desktop so they were around the edge of the screen. That way they didn’t cover up the safety slogans. I set the speed of the spotlight to very slow and and the size of the spotlight so that it was just big enough to see each safety slogan. The effect worked out real well. Imagine a dark screen with a spotlight moving randomly around the screen exposing each safety slogan (and yellow flag… don’t forget about those) as it went.
Besides the electricians, no one else knew that I was working on this for Andy. As far as Alan Kramer knew, I was on his side in this contest. I even kept Toby O’Brien in the dark about it, because I knew that he was going to be one of the judges and even though he knew how much winning the Safety Pizza meant to me. I didn’t want to influence his decision. Besides, this Safety Screensaver was going to win. It was the coolest screensaver around. The trick was to keep it hidden from the other teams until it was time for the Safety Department to judge it.
I had the impression from Toby that he had purposely talked the Safety Department into this contest to give me a chance to win the Safety Pizza at our plant. Scott Hubbard and I had carpooled with Toby throughout the years we were trying to win that pizza, and I think he just felt our pain enough that when he was in the position, he was trying to pay us back for our effort.
The screensaver judging was done during the morning, and was going to be announced that afternoon during the monthly safety meeting. A short time before the Safety Meeting began, Toby O’Brien came up to me and in an apologetic manner told me that the safety slogan winner probably wasn’t going to be who I thought it was. I figured that was because he thought I was hoping Alan Kramer’s team was going to win since that was my team. I just smiled back and told him that it was all right.
It was announced during the safety meeting that Andy Tubbs’ team won the contest, and all the electricians were happy. I think it was at that point that Alan Kramer realized that I had helped Andy with his screensaver. He looked at me as if I had betrayed him. I said something like, “Andy Tubbs has been trying to win a safety contest for years. It’s about time.”
Alan Kramer
The following week, when Andy’s team was given their prize for winning the safety screensaver contest, he brought two pizzas to the electric shop and we all sat around the table relishing in the pepperonis. We had finally received our Power Plant Safety Pizza! Even though I really like pizza anytime, the pizza that day tasted especially good.
Power Plant Pepperoni Pizza
I don’t know if we ever told Toby that when Andy Tubbs team won, we all won. Maybe some day he will read this story and know…. “The Rest of the Story”.
In case you can’t read all the little safety slogans on the wallpaper, here is a list of them:
Safety First. Be Safe. Safety begins here. Watch your step. Check your boundaries. Have Good Posture. Haste makes waste. Bend your knees. Avoid Shortcuts. Be Safe or Be Gone. Know your chemicals. Check O2 before Entry. Use Safety Guards. Know your limit. Report Spills. Safety is job #1. Beware of Pinch Points. Buckle up. Safety is no accident. Impatience kills. Strive to Survive. Protect your hearing. Use the right tool. Keep your back straight. Drive friendly. Keep Aisles clear. Don’t take chances. Prevention is the cure. Safety is your job. Communicate with others. Always tie off. Don’t cut corners. Wear your glasses. Act safe. Barricade Hazards. Use your respirator. Be responsible. Lock it out. Plug your ears. Stay fit. Safety never hurts. Don’t block exits. Be aware of your surroundings. Safety is top priority. Don’t be careless. Pick up your trash. Think Ahead. Slippery When Wet. Think Safety. Don’t hurry. Report Hazards. Wear your gloves. Save your eyes. No Running. Wear your Safety Belt. Plan Ahead. Avoid Backing. Use your Safety Sense. Good Housekeeping. Get Help. Keep Cylinders Chained. Protect your hands. Don’t improvise. Beware of hazards. Get the Safety Habit. Be Prepared. Gear up for Safety. Use your PPE. Do not litter. Zero Accidents. Don’t be a Bead (a reference to Bill Green’s jar of beads). Eat Right. Keep Floors clean. Watch out. Safety Pays. Drive Safely. Take Safety Home. Know Safety, use Safety. Read the MSDS. Cotton Clothes Prevents Burns. Follow the rules. Wear your hard hat. Watch out for your buddy. Test your Confined space. Remember the Yellow Flag. Safe Mind, Sound Body. Clean up your spills. Don’t take risks. Beware of Ice. Watch out for the other guy. Obey the rules. Don’t tailgate. Circle for safety. Safety Me, Safety You. Protect your Toes. Knowing is not enough. When in doubt, Check it out. Falls can kill. Be Alert! Avoid slick spots. Safety is a team event. Almost is not enough. Avoid the Noise. Give Safety your all. And finally… This Space for Rent.
Power Plant Men Summoned by Department of Labor
When a death or a near death occurs at a workplace due to an accident, OSHA Occupational Safety and Health Administration) will investigate what happened. There are two reasons for this. If they find that the company has been negligent in following the safety regulations set down in CFR 1910, then they are fined (if the negligence is sever enough). OSHA also investigates the accident to see if changes are needed to regulations in order to protect employees due to new unsafe workplace conditions that are not currently covered under CFR 1910.
Because of the tragedy that happened at our plant that I outlined in the post: “Tragedy Occurs During Power Plant Safety Committee” and after I had met with the OSHA man to give him my deposition as discussed in the post last week: “The OSHA Man Cometh“, the plant manager, the assistant plant manager, and I were summoned to the Department of Labor building in Oklahoma City at 10 o’clock on Monday April 18, 1994.
On a side note:
The Department of Labor office in Oklahoma City is just a couple of blocks from the Murrah Federal Building that was bombed exactly one year and one day after our visit on April 19, 1995. Not that there was any connection.
Murrah Building before the bombing in 1995
I mentioned this because I went to the Murrah building later that day after the meeting with OSHA to meet my brother for lunch. He was working there in the Marine Recruiting office at the time. I think he was a Major then. He changed jobs in June 1994 and moved to Washington D.C. I think. His replacement was killed in the bombing. Here he is Greg today as a full Colonel:
Colonel Gregory T. Breazile
End of Side Note:
I was asked by Ron Kilman our plant manager to show up at 9:00 am on Monday in the building south of our main corporate headquarters where we rented office space to meet with the guys from our own Safety Department because they were required to attend the OSHA meeting with us. The Department of Labor building was just across the parking lot and across the street from this building, so we planned to walk from there.
I drove myself because Ron said he had other meetings to attend in Oklahoma City after this meeting was over and he wouldn’t be driving back to the plant. That was why I arranged to have lunch with my brother.
When we met with the Corporate Safety Department they told us how we should act during the meeting with OSHA. They didn’t tell us to do anything wrong, like withhold information. They just told us to answer all the questions as truthfully as we could. Don’t offer any information that isn’t directly asked by OSHA. Don’t argue with them if you disagree.
From what I understood from the conversation, we were supposed to be polite, truthful and don’t waste their time going down a rat hole with specifics. I was told that I shouldn’t have to say anything and I should be quiet unless I was asked a specific question. The Safety department would answer all the questions and make any statements that need to be made. I was assured by them that I had nothing to be worried about. I only needed to tell the truth if asked anything.
If you know my personality, I always want to throw in my 2 cents, even when I know it is wasted on the audience. But I took this seriously. We were going to be fined by OSHA for 10 different violations relating to the accident that occurred at the plant. I was there because I was directly in charge of the work that was being done when the accident occurred. It was my deposition that was used to determine about half of the violations.
After we had been briefed on how we should behave during the meeting, as a group we walked from the corporate building over to the Department Of Labor building. One of the safety guys was carrying a few binders. I think one was the company’s Policies and Procedures book (We called it the GP&P).
One of two General Policies and Procedures Binders
Upon entering the building we went to the 3rd floor where we were asked to wait in a room until OSHA was ready for the meeting. The room had a long table down the middle. As usual, I picked a seat about halfway down on one side. I remember Ron Kilman sitting across from me and about 2 seats down.
Ron Kilman
We waited and we waited….. 10:00 came and went, and no one came. We quietly discussed whether this was to make us more nervous by keeping us waiting. Then someone came to the door and apologized. They said that Robert B. Reich, the U.S. Secretary of Labor was in the office that day and that had thrown off everyone’s schedule.
Robet B. Reich as he looked in 1994
This was quite a coincidence, and we wondered if Robert B. Reich (it seems like you need to put the B in his name in order to say it right) would be attending our meeting. That would sort of throw a whole new importance of me keeping my mouth shut to make sure I wasn’t putting my foot in it.
It seemed as if Mr. Reich had shown up unexpectedly. Or at least on short notice. Almost as if it was a surprise visit to check up on the place. He didn’t end up coming to our meeting. Now that I think about it. This was one day shy of being one year to the date that the Branch Davidians had burned themselves alive in Waco, which was one year and one day before the Murrah Building Bombing three blocks away from where we were sitting that morning. Aren’t coincidences interesting? Just saying…
The Siege of the Branch Davidian Compound outside Waco Texas
More about why Robert B. Reich was there further below.
Around 10:30 four or five OSHA lawyers (I assume they were lawyers, they talked like they were), came in the room along with the Jack that had interviewed me a few weeks earlier. They apologized again for being late due to the arrival of their “supreme” boss. They sort of sat at one end of the room and the people from our company was more on the other end. Jack, the OSHA man, sat next to me in the middle.
I was saying a mantra to myself…. “Don’t say anything… just keep quiet and listen…. don’t say anything… just keep quiet and listen.
The meeting began by the Lady at the end of the table reading off the violations to us. I don’t remember all 10. I remember the most important violations. They mainly centered around the new Confined Space section of 1910. It was 1910.146 that dealt with confined spaces and it had gone into affect April 1, 1993, almost one year before the accident happened. Generally, OSHA gives companies about a year to comply to the new regulations, which kind of put us right on the edge since the accident at our plant had occurred on March 3, 1994.
Because of this, some of the violations were quickly removed. That lowered the number down to 6 violations right away. That was good. No one from our company had said a word yet, and already the OSHA lawyers seemed to be on our side. Then they read off a violation that said that our company had not implemented the required Confined Space Program as outlined in CFR 1910.146.
This was when our Safety Department leader, Jack Cox. said that we would like to contest that violation, because here is the company policy manual that shows that we implemented the Confined Space Program before the end of the year.
One of the OSHA lawyers responded by saying that we had not fully implemented it because we had not trained the employees how to follow the policy. When he made that statement, Ron Kilman contested it. He had a stack of papers that showed that each of the employees at the plant had taken the training and had signed a paper saying they had read the policy. Not only that, but the person that was hurt was not a company employee, they were an outside vendor who was hired by the company to vacuum out the hoppers.
The OSHA man said that just because they took the course did not mean that they were properly trained. Ron asked how do you know they weren’t properly trained. The OSHA man replied, “Because they didn’t follow all the rules. If they had, no one would have been hurt.” — What do you say to that? You can tell we weren’t properly trained because someone was hurt? I suppose that the OSHA rules were written in such a way that if you followed them to the letter, no matter what kind of mechanical failure happens, no one will be hurt. I could see the frustration on Ron’s face.
I was a little amused by Ron’s statement though because Jack Cox had told us to just let them answer all the questions and the first seemingly absurd thing the OSHA man had said, Ron had addressed. — I smiled and said to myself…. “Don’t say anything… just keep quiet and listen…”
One of the violations was that we didn’t have a Confined Space Rescue Team. That was true, we didn’t. There was something in the regulations that said, if a rescue team could arrive in a reasonable time from somewhere else, we didn’t have to have our own rescue team…. Well, we lived 20 miles from the nearest fire station equipped with a Confined Space Rescue team. So, there was that…. That was a legitimate violation.
The next violation was that we didn’t have a rescue plan for every confined space in the plant and each confined space was not clearly marked with a Confined Space sign. This was a legitimate violation.
The next violation was that we hadn’t coordinated efforts between different work groups working in confined spaces together. This was clearly stated in the regulations…. — Oh oh. that was me… I think I was mid-mantra when I heard that one. I had just said to myself… “…anything….just keep….” when I heard this violation. I stopped muttering to myself and immediately forgot that I was supposed to keep quiet.
I said, “But wait a minute. We did coordinate between the three groups that were working in the confined spaces. I was coordinating that. I had posted a sheet on a beam in the middle of the hopper area where the accident occurred where the Brown and Root contractors, and the vacuum truck contractors knew what hoppers were still full and which were safe to enter. I kept the sheet updated each day and so did the vacuum truck workers. They indicated when they had finished vacuuming out a hopper, and I would inspect it from above. When I deemed it safe, the Brown and Root contractors could enter the space. The accident occurred because one of the vacuum truck workers entered the confined space while still cleaning it out and before I had inspected it to make sure it was safe.”
Jack (the OSHA man that had interviewed me turned and said, “Oh. I didn’t know that. Do you still have that piece of paper?” — Incredibly, I did. About a week after all the vacuuming had finished and all the hoppers were safe, I was walking through the hopper area under the precipitator when I found the paper with the duct tape still on it laying on the grating. Without realizing the importance, I picked it up and brought it back to the janitor closet behind the electric shop that we now used as a “Precipitator Fly Ash Cleanup Room”. I had laid it on a shelf there. The lawyers said, “Send us the original sheet and we will drop this violation.
Here is a copy of the piece of paper. The big black splotch at the top is what duct tape looks like when you make a copy of it.
A copy of The Hopper Tracking Sheet
Well, that worked out good. I had stepped out of line by opening my mouth before I had been asked a question, but everything worked out all right.
The final verdict was that we had four violations. We had to re-train our employees on Confined Spaces. We had to create a Confined Space Rescue Team. We had to put the correct signs on all of the confined spaces and we had to develop rescue plans for all of the confined spaces on the plant grounds. If we did that by August 1, 1994, the four remaining violations which amounted to a $40,000 fine would all be dropped. So, we had our work cut out for us. This not only impacted our plant, but all the Power Plants. The meeting was adjourned.
I already told you what I did after the meeting (I went and ate lunch with my brother). But I haven’t mentioned yet why Robert B. Reich had made a surprise visit to the Department of Labor building in Oklahoma City on April 18.
As it turned out, that morning, Labor Secretary Reich had come to Oklahoma City to hand deliver a $7.5 million fine to Dayton Tire Company. This was due to an accident that had resulted in a man, Bob L. Jullian, being crushed by a piece of machinery in the tire plant. He died a week and a half later at the age of 53.
Robert B. Reich had become so angry when he had studied the case on Friday that he wanted to hand deliver the citation himself the following Monday. That is how we ended up in the building at the same time on Monday, April 18, 1994. We resolved our dispute with OSHA on a congenial note and the citations were dropped on August 1. Dayton, however, was still fighting the conviction 18 years later, eventually paying around a $2 million penalty.
Now you know the rest of the story. Well, almost. Like I said, we had a lot of work to do in the next three and a half months.
Power Plant Men 