PPG Industries, Inc.

Plain-English summary

PPG Industries and the Secretary previously settled numerous serious, willful, and other-than-serious citation items. After the settlement became final, the parties discovered that serious citation item 13 had been omitted from the written agreement. They jointly stated that the item was supposed to be affirmed, that PPG had abated the condition, and that its penalty was to be reduced to $200. The Commission granted their motion and modified the final order to include that disposition.

Decision snapshot

• Cited standard(s): The release does not identify the standard underlying item 13.
• Outcome: The final settlement order was modified to affirm serious item 13 with a reduced $200 penalty.
• Key point: The Commission may amend a final settlement order to reflect a citation disposition that the parties agreed upon but inadvertently omitted.

Full text (OSHRC public release)

Docket No. 90-2276

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:

Serious
Citation No. 1

Item 1 . . .

$700.00

Item 2 . . .

$500.00

Item 4 . . .

$600.00

Item 6(b). .
.
$700.00

Item 7(b) .
. .
$100.00

Item 9. . .
$250.00

Item 19(a)
& (b). . .
$250.00

Item 23 (b).
. .
$500.00

Item
25(a)(a), (b)(a) & (b)(h). . .
$500.00

Item 26. . .

$150.00

Item 27. . .

$100.00

Item 28. . .

$200.00

Item 29. . .

$400.00

Item 31. . .

$200.00

Item 32 . .
.
$300.00

Willful Citation No. 2

Item 1 . . .
$2,500.00

Item 2. . .
$1,000.00

Item 3 . . .
$2,000.00

Item 4. . .
$1,500.00

Item 5 . . .
$3,500.00

(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