Indiana Department of Labor Indiana Occupational Safety and Health Administration 402 West Washington St Room W195 Indianapolis, IN 46204 Phone: 317?232-2691 FAX: (317)233?3790 97 7/?5 0er we: gas a in Safety Order and Noti?cation of Penalty <2 To: - InsPection Number: 318012689 Carrier Corporation CSHO ID: D0414 7310 West Morris Street - Optional Report No.: 16-11 Indianapolis, IN 46231 Inspection Date(s): 3/31/2016 - 7/ 13/2016 Issuance Date: 8/22/2016 Inspection Site: 1048 South Girls School Road The violation(s) described in this Safety Order and Indianapolis, IN 46231 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. An inspection of your place of employment has revealed conditions which we believe do not comply with the provisions of the Indiana Occupational Safety and Health Act (Indiana Code Chapter 22?8-11) or the standards or rules adopted thereunder. Accordingly, enclosed please ?nd safety order(s) and noti?cation(s) of penalty describing such violation(s) with references to applicable standards, rules, or provisions of the statute and stating the amount of any penalty(ies). Informal Conference Please be advised that it may be possible to informally settle any potential dispute without initiating the more elaborate proceedings brought on by a petition for review. Prior to ?ling a petition for review, you may request an informal conference concerning any of the results of the inspection (safety orders, penalties, abatement dates, etc.) by contacting the Indiana Department of preferably by telephone, in a prompt manner. Please be advised that a request for an informal conference cannot extend the ?fteen working day period for ?ling a petition for review. Informal conferences frequently resolve any possible disputes. and therefore you are urged to take advantage of this opportunity. Because of the limited time period and in order to facilitate scheduling. any requests for an informal conference should be made upon your receipt of the safety order(s) and noti?cation(s) of penalty. Right to Contest - You are hereby also noti?ed that you are entitled to seek administrative review of the safety order(s), penalty(ies), or both by ?ling a written petition for review at the above address postmarked within ?fteen working days of your receipt of the safety order(s) and noti?cation(s) of penalty. ("Working days" means Mondays through Fridays, but does not include Saturdays, Sundays, legal holidays under a state statute or days on which the Indiana Department of Labor's of?ces are closed during regular business hours). If you do not ?le such a petition for review (contest), the safety order(s) Safety Order and Noti?cation of Penalty Page 1 of 6 (Rev 1/14) and penalty(ies) shall be deemed ?nal orders of the Board of Safety Review and not subject to review by any court or agency. The issuance of a safety order does not constitute a ?nding that a violation has occurred unless no petition for review is ?led, or if a petition for review (contest) is ?led, it must contain a statement of its basis and should reference the above inSpection number. Upon receipt of your petition for review, we will af?rm, amend or dismiss the safety order(s) and noti?cation(s) of penalty. If we a?irm, your petition for review will be granted (unless it was not timely) and the dispute will be certi?ed by the Board of Safety Review for further proceedings. The Board of Safety Review is an independent agency appointed by the governor with authority to conduct hearings and to issue decisions concerning disputed safety order(s) and noti?cation(s) of penalty. If we amend the safety order(s) or noti?cation(s) of penalty, your petition for review shall be deemed moot. However, you will then be given an Opportunity to ?le a petition for review concerning the amended safety order(s) and noti?cation(s) of penalty. Please be advised that an employee or representative of employees may ?le a petition for review to contest the reasonableness of the time stated in the safety order(s) for the abatement of any violation. Posting - Upon receipt of any safety order(s) you are required to post such safety order(s), or a copy thereof, unedited, at or near each place an alleged violation referred to in the safety order(s) occurred. However, if your operations are such that it is not practicable to post the safety order(s) at or near each place of alleged Violation, such safety order(s) shall be posted, unedited, in a prominent place where it will be readily observable by all affected employees. For example, if you are engaged in activities which are physically dispersed, the safety order(s) may be posted at the location from which the employees operate to carry out their activities. You must take steps to ensure that the safety order is not altered, defaced, or covered by other material. Posting shall be until the violation is abated, or for three working days, whichever is longer. Penalties Penalties are due within ?fteen (15) working days of receipt of this noti?cation unless contested. Abatement does not constitute payment of penalties. Abatement - The conditions cited in the safety order(s) must be corrected (abated) on or before the date shown for each item on the safety order(s) and noti?cation(s) of penalty unless: (1) You ?le a petition for review concerning the violation, in which case the full abatement period shall commence from the issuance of a ?nal decision by the Board of Safety Review or the courts which requires compliance with the safety order; or (2) The abatement period is extended by the granting of a petition for modi?cation of abatement date. PMAS - The petition for modi?cation of abatement date is a manner in which you may seek additional time to correct (abate) a violation without having to ?le a petition for review concerning the safety order, or after the expiration of the time period to ?le such a petition for review when it becomes apparent that you need extra time to abate the violation. A petition for modi?cation of abatement date shall be in writing and shall include the following information: (1) All steps you have taken, and the dates of such actions, in an effort to achieve compliance Safety Order and Noti?cation of Penalty Page 2 of 6 OSHA-2 (Rev 1/14) during the prescribed abatement period. (2) The speci?c additional abatement time necessary in order to achieve compliance. (3) The reasons such additional time is necessary, including the unavailability of professional or technical personnel or of materials and equipment, or because necessary construction or alteration of facilities cannot be completed by the original abatement date. (4) All available interim steps being taken to safeguard employees against the cited hazard during the abatement period. (5) A certi?cation that a copy of the petition has been posted, and if appropriate, served on the authorized representative of affected employees, and a certi?cation of the date upon which such posting and service was made. A petition for modi?cation of abatement date shall be ?led with the Indiana Department of no later than the close of the next working day following the date on which abatement was originally required. A later-?led petition shall be accompanied by the employer's statement of exceptional circumstances explaining the delay. A copy of such petition shall be posted in a conSpicuous place where all affected employees will have notice thereof or near such location where the violation occurred. The petition shall remain posted until the time period for the ?ling of a petition for review of the Commissioner's granting or denying the petition expires. Where affected employees are represented by an authorized representative, said representative shall be served a copy of such petition. Noti?cation of Corrective Action Correction of the alleged violations which have an abatement period of thirty (30) days or less should be reported in writing to us upon correction. A "Letter of Abatemen form and an "Abatement Photographs? worksheet are enclosed for your assistance in providing adequate documentation of abatement. Reports of corrections should show speci?c corrective action on each alleged violation and the date of such action. On alleged violations with abatement periods of more than thirty (30) days, a written progress report should be submitted, detailing what has been done, what remains to be done, and the time needed to fully abate each such violation. When the alleged violation is fully abated, we should be so advised. Timely correction of an alleged violation does not affect the initial proposed penalty. Followup Inspections Please be advised that a followup inspection may be made for the purpose of ascertaining that you have posted the safety order(s) and corrected the alleged violations. Failure to correct an alleged violation may result in additional penalties for each day that the violation has not been corrected. Employer Discrimination Unlawful The law prohibits discrimination by an employer against an employee for ?ling a complaint or for exercising any rights under this Act. An employee who believes that he/ she has been discriminated against may ?le a complaint no later than 30 days after the discrimination occurred with the Indiana Department of at the address shown above. 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 Safety Order and Noti?cation of Penalty Page 3 of 6 OSHA-2 (Rev 1/14) be mailed to the Indiana Department of at the address shown above Within ?fteen (15) working days (excluding weekends and State holidays) or receipt by the employer of this safety order and penalty. If you Wish additional information, you may direct such requests to us at the address or telephone number stated above. Safety Order and Noti?cation of Penalty Page 4 of 6 OSHA-2 (Rev 1/14) Indiana Department of Labor NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE An informal conference has been scheduled with IOSHA to discuss the safety order(s) issued on 8/22/2016. The conference will be held at the IOSHA of?ce located at 402 West Washington Street, Room W195, Indianapolis, IN 46204 on at . Employees and/or representatives of employees have a right to attend an informal conference. Safety Order and Noti?cation of Penalty Page 5 of 6 OSHA-2 (Rev 1/14) Indiana Department of Labor Inspection Number: 318012689 Occupational Safety and Health Administration Inspection Date(s): 3/31/2016 - 7/13/2016 Issuance Date: 8/22/2016 CSHO ID: D0414 Optional Report No.: 16-11 Safety Order and Noti?cation of Penalty Company Name: Carrier Corporation Inspection Site: 1048 South Girls School Road, Indianapolis, IN 46231 Safety Order 01 Item 001 Type of Violation: Serious 29 CFR 19101025090): All surfaces were not maintained as free as practicable of accumulations of lead: Warehouse, Kit 2 Lead surface contamination of 280 micrograms per 100 centimeters squared was found on top of the column barrier at column E/2l and 180 micrograms per 100 centirners squared storage respectively. Date By Which Violation Must Be Abated: 9/23/2016 Proposed Penalty: $1,700.00 w. Alexander, .D. Director of General Industry I I 1/ ff .M Safety Order and Noti?cation of Penalty Page 6 of 6 OSHA-2 (Rev 1/ 14) Indiana Department of Labor Indiana Occupational Safety and Health Administration 402 West Washington St - Room W195 Indianapolis, IN 46204 Phone: (317)232?2691 FAX: (317)233-3790 COLLECTION NOTICE Company Name: Carrier Corporation Inspection Site: 1048 South Girls School Road, Indianapolis, IN 46231 Issuance Date: 8/22/2016 - Summary of Penalties for Inspection Number: 318012689 Safety Order 1, Serious $1,700.00 TOTAL PENALTIES $1,700.00 Penalties are due Within ?fteen (15) working days of receipt of this noti?cation unless contested. .Make your check or money order payable to: "Indiana Please indicate 11181369110351 Number (indicated above) on the remittance. IOSHA does not agree to any restrictions or conditions or endorsements put on any check or money order for less than full amount due, and will cash the check or money order as if these conditions, or endorsements do not exist. Corrective action, taken by you for each alleged Violation should be submitted to this Of?ce 011 or about the abatement dates indicated on the Safety Order and Noti?cation of Penalty. A work sheet has beyrpvided to assist in providing the required abatement information. A completed copy of this work sh . {should be posted at the worksite with the safety order(s). m, ?mm?Mk . I I o; Aft/ggm- Julie c. Mdei?, Date Directorof General Industry Safety Order and Noti?cation of Penalty Page 1 (Rev 9/13)