SECRETARY OF LABOR,

Complainant,

v.

PPG INDUSTRIES, INC.,

Respondent.

Docket No. 90-2276

ORDER

On September 30, 1991, the parties filed a Motion to Amend Final Order in the above-referenced case. The motion states that Item 13 was not mentioned in the parties' stipulation and settlement agreement and requests that the judge's decision be modified to reflect that Item 13 is affirmed with a reduced penalty of $200.

Having considered the motion and upon review of the record, the Commission grants the motion. The judge's decision is modified to affirm Item 13 with a reduced penalty of $200.

Edwin G. Foulke, Jr.
Chairman

Donald G. Wiseman
Commissioner

Velma Montoya
Commissioner

Dated: October 18, 1991

SECRETARY OF LABOR,

Complainant,

v.

P.P.G. INDUSTRIES, INC.,

Respondent,

and

INTERNATIONAL UNION,UNITED
AUTOMOBILE, AEROSPACE AND
AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA - UAW,
LOCAL 1588,

Authorized Employee
Representative.

OSHRC Docket No. 90-2276

ORDER APPROVING SETTLEMENT

Respondent, by letter dated August 2, 1990, from its counsel, contested a serious citation, a willful citation, and "other" citation issued to it on July 11, 1990.

On July 1, 1991, an executed settlement agreement was received from the parties. The agreement having been read and considered, it is
ORDERED:    1. That the terms of settlement are approved and incorporated herein as part of this order;
2. That the serious citation, willful citation, "other" citation and proposed penalties issued on July 11, 1990, are vacated, modified and affirmed in accordance with the terms of the settlement agreement; and     3. That respondent's motion to withdraw its notice of contest, pursuant to the terms of settlement, is granted.

Dated this 3rd day of July, 1991.

JAMES D. BURROUGHS
Judge

SECRETARY OF LABOR,

Complainant,

v.

P.P.G. INDUSTRIES, INC.,

Respondent,

and

INTERNATIONAL UNION, UNITED
AUTOMOBILE, AEROSPACE
AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA - UAW,
LOCAL 1588,

Authorized Employee
Representative.

OSHRC Docket No. 90-2276

ORDER AMENDING SETTLEMENT AGREEMENT
AND APPROVING SETTLEMENT AS AMENDED

On July 3, 1991, an order was issued by this Judge approving the settlement agreement between the parties which disposed of all issues in dispute. The terms of the settlement agreement were not specifically set forth in the order but were incorporated by reference. The serious citation, willful citation, "other" citation and proposed penalties issued to respondent on July 11, 1990, were vacated, modified and affirmed in accordance with the terms of the settlement agreement.

On July 15, 1991, a Motion for Relief from Error was received from counsel for the respondent. Respondent seeks to have an order issued amending subparagraph 3 of paragraph 2b on page 5 of the stipulation and settlement agreement. The motion makes no mention of the Secretary's position with respect to the matter. On August 1, 1991, the Secretary's counsel, Mary Anne Garvey, advised me that she was in agreement with the motion and that the necessity for correction arose because of a typographical error. Accordingly, it is

ORDERED: (1) That the Motion for Relief from Error is granted;

(2) That subparagraph 3 of paragraph 2b on page 5 of the stipulation and settlement agreement filed by the parties is amended to read as follows:

Respondent shall also install hardpiping to GAF Filtration units one panel at a time over a five year period in order to eliminate hoses to the Filtration units (if pilot unit proves feasible from an ergonomic and engineering standpoint). The hardpiping system for GAF units will be designed and constructed at panel #5 and will be complete by January 1, 1992.

(3) That the terms of settlement set forth in the stipulation and settlement agreement, as amended, are approved and incorporated herein as part of this order;

(4) That the serious citation, willful citation, "other" citation and proposed penalties issued to respondent on July 11, 1990, are vacated, modified and affirmed in accordance with the terms of the settlement, as amended;

(5) That respondent's motion to withdraw its notice of contest, pursuant to the terms of settlement, is granted; and

(6) That this order supersedes the Order Approving Settlement issued by this Judge on July 3, 1991. Dated this 1st day of August, 1991.

JAMES D. BURROUGHS
Judge

SECRETARY OF LABOR,

Complainant,

v.

PPG INDUSTRIES, INC.,

Respondent,

and

INTERNATIONAL UNION, UNITED AUTO MOBILE,
AEROSPACE AND AGRICULTURAL
WORKERS OF AMERICA - UAW, LOCAL
1588,

Authorized Employee Representative

OSHRC Docket No. 90-2276

REGION V

STIPULATION AND SETTLEMENT AGREEMENT

In full settlement and disposition of the issues in this proceeding, it is hereby stipulated and agreed by and between the Complainant, Secretary of Labor, the Respondent, PPG Industries, Inc., and the Authorized Employee Representative, International Union, United Automobile, Aerospace and Implement Workers of America - UWA, Local 1588, that:

(1) For those violations contested by the Respondent, the Complainant proposes the following amended penalties:

(2) Complainant moves to vacate Items 15, 25(b)(f), 25(b)(g), 25(c), 30, 33, 34, 35, 36, 37, 38 and 39 of Citation No. 1; Complainant further moves to delete reference to the roofing contractor (Richard M. Smith, Roofing, Inc.) in Items 26 and 27.

(3) Complainant moves to vacate the following items from Item 1 of Willful Citation No. 2:

1(a) f, 1 and s; 1(c) b; 1(e) e; 1(f) a and k; 1(g) c, g, h, q, t, ii and nn; 1(h) b; 1(i) a and f; 1(j) in its entirety except for gg and oo.

Complainant's agreement to the vacation of these items should not be construed as an agreement that those items previously recorded may be deleted from Respondent's OSHA Form No. 200.

(4) Complainant further moves to vacate Item 3(a) of Citation No. 3.

(5) Complainant moves to reclassify Items 3, 12, 20 and 21 of Citation No. 1 as other than serious violations with no penalties;

(6) Complainant moves to reclassify Items 2 and 4 of Willful Citation No. 2 as serious violations with the amended penalties proposed above;

(7) Respondent agrees that it was made aware of the possible applicability of 29 CFR 1910.120 to its operations and will conform to the training guidelines of that standard.

Abatement

(8) Respondent represents that the violations set forth in Citation Nos. 1, 2 and 3, as amended, will be abated by the expiration of time periods shown in the citations plus the contest period as defined by section 10(b) of the Act except for the following Items:

THE FOLLOWING ABATEMENT PLANS SHALL BE IMPLEMENTED
FOR THE CORRESPONDING SERIOUS AND WILLFUL CITATION ITEMS

SERIOUS

1a.     Respondent shall evaluate all elevated platform and tank work surfaces such as but not limited to, the cationic stripper tank and #1 still and identify "approved" tie off points with sufficient strength and integrity to arrest falls.

Abatement measures could include installation of standard handrails or eye bolt systems, and identifying and strengthening areas where piping and/or other mechanical equipment is suitable for tie off procedures.

Abatement shall be completed by October 1, 1991.

Tanks in the outside tank farm will be evaluated and approved tie off points provided and/or designated by January 1, 1992.

2a.     At the Resin Plant transfer station Respondent shall replace the cationic distillate line with hardpiping to BT-143 and T/W fillout. Respondent shall also hardpipe BT-153 that is dedicated for RCW-5159 use directly to paint plant storage. A dirty solvent header system will be installed to pump all dirty solvent directly to the dirty solvent storage tank. Respondent shall also install T/W fillout lines directly from the R-1 and R-2 thin tanks to the T/W fillout. Specific procedures are presently being developed by Resin supervision for the removal of transfer hoses after the transfers have been completed. The above will substantially reduce the hoses that are currently in use. Respondent shall continue to review and make any piping and/or procedural changes deemed necessary to keep this area free of congestion.

Abatement shall be completed by August 1, 1991.

2b.    1. In the Paint Plant Respondent shall establish such administrative controls as removing hoses after transfer and utilizing shorter hoses where possible.

2. Respondent shall install hardpiped panel-to-panel jumper lines to minimize hoses used for this purpose.

3. Respondent shall also install hardpiping to GAF Filtration units one panel at a time over a five year period in order to eliminate Filtration units (if pilot unit proves feasible from an ergonomic and engineering standpoint). The hardpiping system for GAF units will be designed and constructed at panel #5 and will be complete by January 1, 1992.

Abatement shall be completed by October 1, 1991. (Steps 1 and 2) and October 1, 1996 (Step 3).

2c.    1. The grinding mills in MOD (transfer panel area) are being relocated to another area in the plant, with hardpiping to be used for the mill relocations.

2.    Jumper pipes will be installed from panel to panel in MOD minimizing the need for jumper hoses.

Abatement shall be completed by October 1, 1992 (Step 1) and October 1, 1991 (Step 2).

2d.    Hoses used in the MOD (meter station area) will be stored in an orderly manner and kept to a minimum in numbers of units. Written operating procedures will reflect this requirement.

Abatement shall be completed by October 1, 1991.

The condition of miscellaneous materials laying on beams has been abated.

4b.    With respect to the Hand Filling Platforms a chain barrier will be utilized to protect the rear access to the platform pits. A folding warning barrier will be installed on the front of the pits to prevent access.

Abatement shall be completed by June 1, 1991.

The Hand Fill platform lifts will be removed from service and replaced with positive pressure pump filling systems by January 1, 1992.

WILLFUL

2a.    Standard molasses gate valves will no longer be utilized for transfer of small quantities of flammable liquids for transfer of small quantities of flammable liquids (transfer into containers with volumes of 55 gallons or less).  One of the following methods of abatement will be utilized for these small quantity transfers.
- Spring loaded valves (approved for use with flammable liquids).
- Spring Goaded valves equipped with fusible links (approved for use with flammable liquids).
- Pneumatic selonoid actuators equipped with "dead man" controls to keep valves in a normally closed position.

Abatement shall be completed by August 1, 1991.

4 (a-w)    Suitable guarding will be installed on all dispersers to protect the shaft above the level of the cover of the portable mixing tanks (to be abated by September 1, 1991).

4 (x-cc)    A suitable shaft guard has been designed for Cowles #400 in the MOD Dept. Cowles #500 and #600 will be modified and equipped with this type guard by October 1, 1991. Cowles #100, #200 and #300 are currently being engineered to receive verticle shaft guards. These units will be guarded by January 1, 1992.

(9) Respondent agrees to pay the Complainant the penalty due in this proceeding;

(10) The agreements, statements, findings and actions stipulated herein and made as a result hereof are taken for the purpose of settling this matter economically and amicably, and they shall not be deemed as an admission of any allegation at issue in this proceeding or be used for any other purpose whatsoever except for proceedings initiated by either Complainant or Respondent pursuant to the authorities set forth in the Occupational Safety and Health Act of 1970. Respondent specifically maintains that it has not violated any requirement of law cited in this proceeding, and it has a valid defense to each allegation of non-compliance, and that it agrees to this Stipulated Settlement only because it would cost the Respondent less money and resources than the trial of this case would cost.

(11) Pursuant to Commission Rule 100, Respondent hereby withdraws its notice of contest and the parties agree to the entry of a final order consistent with the terms of this Settlement Agreement;

(12) Respondent hereby certifies that copy of this Settlement Agreement was posted at its worksite on this 28th day of June, 1991;

(13) Each party hereby agrees to bear its own fees and other expenses incurred by such party in connection with any stage of this proceeding.

JON J. VICHICH                             MARY ANNE GARVEY
Group Counsel                                 Trial Attorney for Complainant
Coatings and Resin
Law Department
PPG Industries, Inc.

KONRAD D. YOUNG, President     MAUREEN M. CAFFERKEY
UAW Local 1588                              Trial Attorney
                                                       U.S. Department of Labor

OF COUNSEL:

ROBERT P. DAVIS
Solicitor of Labor

JOHN H. SECARAS
Regional Solicitor

WILLIAM S. KLOEPFER
Associate Regional Solicitor

SOL NO. 15099

SECRETARY OF LABOR,

Complainant,

v.

Respondent,

and

INTERNATIONAL UNION, UNITED AUTOMOBILE,
AEROSPACE AND AGRICULTURAL WORKERS OF
AMERICA, LOCAL 1588,

Authorized Employee Representative.

OSHRC Docket No. 90-2276

REGION V

COMPLAINANT'S AND RESPONDENT'S
MOTION TO AMEND FINAL ORDER

This matter came before the Review Commission upon Respondent's contest of certain serious, willful and "other" violations contained in citations issued to it on July 11, 1990. Following extensive negotiations, the parties entered into a settlement agreement which was approved by the Honorable James D. Burroughs in an Order dated July 3, 1991. Judge Burroughs' decision became a final order of the Commission on August 9, 1991. On September 24, 1991, counsel for the claimant learned that one of the contested items was not addressed in the parties' agreement.

In its notice of contest, the Respondent contested, inter alia, Item 13 of serious Citation No. 1. During settlement negotiations, the parties agreed that Item 13 would be affirmed. The Respondent represented that the alleged violation had been abated and the Complainant agreed to reduce the penalty for this item to $200.00. Through inadvertence, Item 13 was not mentioned in the parties' stipulation and settlement agreement.

Complainant and Respondent therefore respectfully request that the Commission grant this motion and amend Judge Burroughs' decision to reflect that Item 13 is affirmed with a reduced penalty of $200.00. Respondent agrees to pay the additional $200.00 due in this proceeding.

Respectfully submitted,

JON J. VICHICH
Law Department
PPG Industries, Inc.

MARY ANNE GARVEY
Trial Attorney for Complainant
U.S. Department of Labor

OF COUNSEL:

ROBERT P. DAVIS
Solicitor of Labor

JOHN H. SECARAS
Regional Solicitor

WILLIAM S. KLOEPFER
Associate Regional Solicitor

SOL NO. 15099

MARY ANNE GARVEY
Trial Attorney for Complainant
U.S. Department of Labor