2 page response to questions provided. Instructions below

Assume that a fatality occurred at your facility one month prior to the OSHA inspection. Review provided document citations and penalties that were assessed to your facility, and respond to the following questions: Which of the citations could be referred to the U.S. DOJ for criminal proceedings? What conditions would have to be met before the citations could be referred for criminal proceedings? Which individuals working at your facility could face criminal charges under the Act? What would be the maximum prison sentence and fines that any individual would face? What would be the maximum fine that the company would face? If you were facing criminal charges under the Act, what would be your best defense? How could you involve the OSHRC in the criminal case(s)? Your response must be a minimum of two pages in length, using at least one reference. All sources must be cited in the text and on the reference page, using APA style.
citation_and_notification_of_panalties.pdf

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U.S. Department of Labor
Occupational Safety and Health Administration
Denver Commons Office Plaza
111 Main St., Suite 111
Denver, CO 11111
Phone: (111) 111-1111 FAX: (222) 222-2222
Citation and Notification of Penalty
To:
Acme Widget Factory
and its successors
1 Factory Lane
Inglewood, CO 11111-1111
Inspection Site:
1 Factory Lane
Inglewood, CO 11111-1111
Inspection Number:
Inspection Date(s):
Issuance Date:
111111111
04/15/2015-04/16/2015
08/21/2015
The violation(s) described in this citation and
Notification of Penalty is (are) alleged to have
occurred on or about the day(s) the inspection
was made unless otherwise indicated within the
description given below.
This Citation and Notification of Penalty (this citation) describes violations of the Occupational
Safety and Health Act of 1970. The penalty(ies) listed herein is (are) based on these violations.
You must abate the violations referred to in this citation by the dates listed, and pay the
penalties proposed unless, within 15 working days (excluding weekends and federal holidays)
from your receipt of this Citations and Notification of Penalty, you mail a notice of contest to the
U.S. Department of Labor Area Office at the address shown above. Please refer to the enclosed
booklet (OSHA 300) which outlines your rights and responsibilities and should be read in
conjunction with this form. Issuance of this citation does not constitute a finding that a violation
of the Act has occurred unless there is a failure to contest as provided for in the Act or, if
contested, unless this citation is affirmed by the Review Commission or a court.
Posting – The law requires that a copy of this Citation and Notification of Penalty be posted
immediately in a prominent place at or near the location of the violation(s) cited herein, or, if it is
not practicable because of the nature of the employer’s operations, where it will be readily
observable by all affected employees. This citation must remain posted until the violation(s)
cited herein has (have) been abated, or for 3 working days (excluding weekends and federal
holidays)—whichever is longer. The penalty dollar amounts need not be posted and may be
marked out or covered up prior to posting.
Informal Conference – An informal conference is not required. However, if you wish to have
such a conference you may request one with the area director during the 15 working day
contest period. During such an informal conference, you may present any evidence or views
which you believe would support an adjustment to the citation(s) and/or penalty(ies).
If you are considering a request for an informal conference to discuss any issues related to this
Citation and Notification of Penalty, you must take care to schedule it early enough to allow time
to contest after the informal conference, should you decide to do so. Please keep in mind that a
written letter of intent to contest must be submitted to the area director within 15 working days of
your receipt of this citation. The running of this contest period is not interrupted by an informal
conference.
If you decide to request an informal conference, please complete, remove, and post the page 4
Notice to Employees next to this Citation and Notification of Penalty as soon as the time, date,
and place of the informal conference have been determined. Be sure to bring to the conference
any and all supporting documentation of existing conditions, as well as any abatement steps
taken thus far. If conditions warrant, we can enter into an informal settlement agreement which
amicably resolves this matter without litigation or contest.
Right to Contest – You have the right to contest this Citation and Notification of Penalty. You
may contest all citation items or only individual items. You may also contest proposed penalties
and/or abatement dates without contesting the underlying violations. Unless you inform the
area director in writing that you intend to contest the citation(s) and/or proposed
penalty(ies) within 15 working days after receipt, the citation(s) and the proposed
penalty(ies) will become a final order of the Occupational Safety and Health Review
Commission and may not be reviewed by any court or agency.
Penalty Payment – Penalties are due within 15 working days of receipt of this notification
unless contested. (See the enclosed booklet and the additional information provided related to
the Debt Collection Act of 1982.) Make your check payable to “DOL-OSHA”. Please indicate the
inspection number on the remittance.
OSHA does not agree to any restrictions or conditions or endorsements put on any check or
money order for less than the full amount due and will cash the check or money order as if
these restrictions, conditions, or endorsements do not exist.
Notification of Corrective Action – For each violation which you do not contest, you are
required by 29 CFR 1903.19 to submit an Abatement Certification to the area director of the
OSHA office issuing the citation, identified above. The certification must be sent by you within
10 calendar days of the abatement date indicated on the citation. For willful and repeat
violations, documents (e.g., photos, copies of receipts, training records) demonstrating that
abatement is complete must accompany the certification. Where the citation is classified as
serious and the citation states that abatement documentation is required, documents such as
those described above are required to be submitted along with the abatement certificate. If the
citation indicates that the violation was corrected during the inspection, no abatement
certification is required for that item.
All abatement verification documents must contain the following information: 1) Your
name and address; 2) the inspection number (found on the front page); 3) the citation and
citation item number(s) to which the submission relates; 4) a statement that the information is
accurate; 5) the signature of the employer or employer’s authorized representative; 6) the date
the hazard was corrected; 7) a brief statement of how the hazard was corrected; and 8) a
statement that affected employees and their representatives have been informed of the
abatement.
The law also requires a copy of all abatement verification documents, required by 29 CFR
1903.19, to be sent to OSHA and also be posted at the location where the violation appeared
and the corrective action took place.
Employer Discrimination Unlawful – The law prohibits discrimination by an employer against
an employee for filing a complaint or for exercising any rights under this Act. An employee who
believes that he/she has been discriminated against may file a complaint no later than 30 days
after the discrimination occurred with the U.S. Department of Labor Area Office at the address
shown above.
Employer Rights and Responsibilities – The enclosed booklet (OSHA 300) outlines
additional employer rights and responsibilities and should be read in conjunction with this
notification.
Notice to Employees – The law gives an employee or his/her representative the opportunity to
object to any abatement date set for a violation if he/she believes the date to be unreasonable.
The contest must be mailed to the U.S. Department of Labor Area Office at the address shown
above and postmarked within 15 working days (excluding weekends and federal holidays) of the
receipt by the employer of this Citation and Notification of Penalty.
Inspection Activity Data – You should be aware that OSHA publishes information on its
inspection and citations activity on the Internet under the provisions of the Electronic Freedom
of Information Act. The information related to your inspection will be available 30 calendar days
after the citation issuance date. You are encouraged to review the information concerning your
establishment at www.osha.gov. If you have any dispute with the accuracy of the information
displayed, please contact the office.
U.S. Department of Labor
Occupational Safety and Health Administration
NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE
An informal conference has been scheduled with OSHA to discuss the
citation(s) issued on 08/21/21015. The conference will be held at the OSHA
office located at Denver Commons Office Plaza, 111 Main St., Suite 111,
Denver, CO 11111 on ________ at __________. Employees and/or
representatives of employees have a right to attend an informal
conference.
CERTIFICATION OF CORRECTIVE ACTION WORKSHEET
Inspection Number:
Company Name:
Inspection Site:
Issuance Date:
List the specific method of correction for each item on this citation in this package that does not
read “Corrected During Inspection” and return to: U.S. Department of Labor – Occupational
Safety and Health Administration, Denver Commons Office Plaza, 111 Main St., Suite 111,
Denver, CO 11111
Citation Number ____ and Item Number ____ was corrected on _______________ By (Method
of Abatement):_______________________________________________________________
Citation Number ____ and Item Number ____ was corrected on _______________ By (Method
of Abatement): _______________________________________________________________
Citation Number ____ and Item Number ____ was corrected on _______________ By (Method
of Abatement): _______________________________________________________________
Citation Number ____ and Item Number ____ was corrected on _______________ By (Method
of Abatement): _______________________________________________________________
Citation Number ____ and Item Number ____ was corrected on _______________ By (Method
of Abatement): _______________________________________________________________
Citation Number ____ and Item Number ____ was corrected on _______________ By (Method
of Abatement): _______________________________________________________________
I certify that the information contained in this document is accurate and that the affected
employees and their representatives have been informed of the abatement.
________________________
____________________________
Signature
Date
________________________
____________________________
Typed or Printed Name
Title
NOTE-: 29 USC 666(g) whoever knowingly makes any false statements, representation or
certification in any application, record, plan or other documents filed or required to be
maintained pursuant to the Act shall, upon conviction, be punished by a fine of not more than
$10,000 or by imprisonment of not more than 6 months or both. POSTING: A copy of completed
Corrective Action Worksheet should be posted for employee review
U.S. DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
CERTIFICATE OF CORRECTION
The undersigned certifies that on ______________, all of the violations
cited on OSHA Citation # ____________ issued on _________, were
corrected and that a copy of this certificate was posted on _________ in a
manner and place for review by affected employees.
______________________
Employer’s Signature
U.S. Department of Labor
Occupational Safety and Health Administration
Inspection Number:
Inspection Date(s):
Issuance Date:
111111111
04/15/2015-04/16/2015
08/21/2015
Citation and Notification of Penalty
Company Name:
Inspection Site:
Acme Widget Factory
1 Factory Lane, Inglewood, CO 11111-1111
The alleged violations below have been grouped because they involve similar or related
hazards that may increase the potential for injury or illness.
Citation 1 Item 1a Type of Violation: Serious
29 CFR 1910.1025(c)(1) Exposure levels to lead fumes during welding operations were
not kept below the established permissible exposure level (PEL).
(a) Location – Frame Assembly Area
On 04/15/15, a MIG welder in the frame assembly area was exposed to lead
at an airborne time weighted average (TWA) exposure of 100 µg/m3. This
exposure was approximately 2 times the permissible exposure limit (PEL) of
50 ug/m3. This exposure was calculated from a sample collected over a 410
minute period; a zero increment was included for the 70 minutes not sampled.
(b) Location – Frame Assembly Area
On 04/15/15 a MIG welder in the frame assembly area was exposed to lead
at an airborne time weighted average (TWA) exposure of 80 µg/m3. This
exposure was approximately 2 times the permissible exposure limit (PEL) of
50 ug/m3. This exposure was calculated from a sample collected over a 400
minute period; a zero increment was included for the 80 minutes not sampled.
ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM
Date by which violation must be abated:
09/28/2015
Proposed Penalty:
$7000.00
U.S. Department of Labor
Occupational Safety and Health Administration
Inspection Number:
Inspection Date(s):
Issuance Date:
111111111
04/15/2015-04/16/2015
08/21/2015
Citation and Notification of Penalty
Company Name:
Inspection Site:
Acme Widget Factory
1 Factory Lane, Inglewood, CO 11111-1111
Citation 1 Item 1b Type of Violation: Serious
29 CFR 1910.1025(e)(1)(ii): Where an employee was exposed to lead above the
permissible exposure limit, but for 30 days or less per year, engineering controls were
not implemented to reduce exposures to 200 ug/m3:
Engineering controls were not implemented to reduce the exposure to employees
overexposed to Lead.
Engineering controls usually effective in these circumstances include, but are not limited
to, the following:
1. Modification of the existing ventilation system to improve capture velocity at the
ventilation hoods.
2. Modification of ventilation hoods to better collect metal fumes,
Abatement Steps
STEP 1: Effective respirators shall be provided and used by all employee(s) as an
interim measure. Abatement must be completed by September 1, 2015.
U.S. Department of Labor
Occupational Safety and Health Administration
Inspection Number:
Inspection Date(s):
Issuance Date:
111111111
04/15/2015-04/16/2015
08/21/2015
Citation and Notification of Penalty
Company Name:
Inspection Site:
Acme Widget Factory
1 Factory Lane, Inglewood, CO 11111-1111
STEP 2: Submit to the Area Director a written detailed plan of abatement outlining a
schedule for the implementation of engineering measures to control employee
exposures as referenced in this citation. This plan shall include, at a minimum, target
dates for the following actions which must be consistent with the dates required by this
citation.
a) Evaluation of the extent and location of the hazard source.
b) Evaluation of control measure options.
c) Selection of optimum control method(s).
d) Determination of control measure design.
e) Ordering and delivery of equipment and material(s).
f) Installation of control measures.
g) Training of employees in proper operation and maintenance of newly-implemented
control measures.
h) Assurance of effective performance of control measures.
All proposed control measures shall be evaluated for each particular use by a
technically qualified person. Abatement must be completed by September 1, 2015.
STEP 3: Correction should have been completed by the implementation of feasible
engineering controls and air sampling results to verify the effectiveness in achieving
compliance. Abatement must be completed by September 1, 2015.
ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM
Date By Which Violation Must be Abated:
09/28/2015
U.S. Department of Labor
Occupational Safety and Health Administration
Inspection Number:
Inspection Date(s):
Issuance Date:
111111111
04/15/2015-04/16/2015
08/21/2015
Citation and Notification of Penalty
Company Name:
Inspection Site:
Acme Widget Factory
1 Factory Lane, Inglewood, CO 11111-1111
Citation 1 Item 2 Type of Violation: Serious
29 CFR 1910.134(c)(1): A written respiratory protection program that included the
provisions in 1910.134(c)(1)(i) – (ix) with worksite specific procedures was not
established and implemented for required respirator use: No written program was
developed for employees who were overexposed to lead and who are required to wear
respirators while working in the frame assembly area.
ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM
Date By Which Violation Must be Abated:
09/28/2015
Proposed Penalty:
$4900.00
U.S. Department of Labor
Occupational Safety and Health Administration
Inspection Number:
Inspection Date(s):
Issuance Date:
111111111
04/15/2015-04/16/2015
08/21/2015
Citation and Notification of Penalty
Company Name:
Inspection Site:
Acme Widget Factory
1 Factory Lane, Inglewood, CO 11111-1111
Citation 1 Item 3 Type of Violation: Serious
29 CFR 1910.13 4(e)(1): The employer did not provide a medical evaluation to
determine the employee’s ability to use a respirator, before the employee is fit-tested or
required to use the respirator in the workplace: At least three employees who were
required to use respiratory protection while working in the frame assembly area were
not provided a medical evaluation.
ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM
Date By Which Violation Must be Abated:
09/28/2015
Proposed Penalty:
$3500.00
U.S. Department of Labor
Occupational Safety and Health Administration
Inspection Number:
Inspection Date(s):
Issuance Date:
111111111
04/15/2015-04/16/2015
08/21/2015
Citation and Notification of Penalty
Company Name:
Inspection Site:
Acme Widget Factory
1 Factory Lane, Inglewood, CO 11111-1111
The alleged violations below have been grouped because they involve similar or related
hazards that may increase the potential for injury or illness.
Citation 1 Item 4a Type of Violation: Serious
29 CFR 1910.134(f)(1): The employer did not ensure that employees using a tight-fitting
facepiece respirator pass an appropriate qualitative fit test (QLFT) or quantitative fit test
(QNFT) as stated in 29 CFR 1910(f): No fit testing was done for employees who were
overexposed to lead and who are required to wear respirators while working in the
frame assembly area.
ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM
Date By Which Violation Must be Abated:
09/28/2015
Proposed Penalty:
$4900.00
U.S. Department of Labor
Occupational Safety and Health Administration
Inspection Number:
Inspection Date(s):
Issuance Date:
111111111
04/15/2015-04/16/2015
08/21/2015
Citation and Notification of Penalty
Company Name:
Inspection Site:
Acme Widget Factory
1 Factory Lane, Inglewood, CO 11111-1111
Citation 1 Item 4b Type of Violation: Serious
29 CFR 1910.134(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by
employees who had facial hair that came between the sealing surface of the facepiece
and the face or that interfered with valve function: Two employees, who wore half mask
3M respirators, had beards which interfered with the face seal.
ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM
Date By Which Violation Must be Abated:
09/28/2015
U.S. Department of Labor
Occupational Safety and Health Administration
Inspection Number:
Inspection Date(s):
Issuance Date:
111111111
04/15/2015-04/16/2015
08/21/2015
Citation and Notification of Penalty
Company Name:
Inspection Site:
Acme Widget Factory
1 Factory Lane, Inglewood, CO 11111-1111
Citation 1 Item 5 Type of Violation: Serious
29 CFR 1910.134(k)(1): The employer did not ensure that each employee can
demonstrate knowledge of at least 29 CFR 1910.134(h)(1)(i) through(vii): At least three
employees who were required to use respiratory protection while working in the frame
assembly area were not trained in the use of respirators.
ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM
Date By Which Violation Must be Abated:
09/28/2015
Proposed Penalty:
$4900.00
U.S. Department of Labor
Occupational Safety and Health Administration
Inspection Number:
Inspection Date(s):
Issuance Date:
111111111
04/15/2015-04/16/2015
08/21/2015
Citation and Notification of Penalty
Company Name:
Inspection Site:
Acme Widget Factory
1 Factory Lane, Inglewood, CO 11111-1111
Citation 1 Item 6 Type of Violation: Serious
29 CFR 1910.147(c)(1): The employer did not establish a program consisting of an
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