US. Department of Labor Occupational Safety and Health Administration 520 - 112th Avenue NE, Suite 200 Bellevue, WA 98004 Phone: 425?450?5480 Fax: 425?450?5483 To: InSpection Number: 905898 Navy Puget Sound Naval Shipyard Inspection Date(s): 05/09/2013 08/06/2013 1400 Farragut Ave Issuance Date: 09/20/2013 Bremerton, WA 98314 Inspection Site: 1400 Farragut Ave Bremerton, WA 98314 This Notice of Unsafe and Unhealthful Working Conditions (Notice) describes violations of the Occupational Safety and Health Act of i970,.the Executive Order 12196, and 29 CFR 1960, Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters. You must abate the violations referred to in this Notice by the dates listed unless, within 15 working days (excluding weekends and Federal holidays) from your receipt of this Notice you request an Informal Conference with the US Department of Labor OSHA Area Of?ce at the address shown above. Please refer to the enclosed publication ?Federal Employer Rights and Responsibilities Following an OSHA InspectiOn? which outlines the appeals procedure for this Notice and which should be read in conjunction with this form. Posting The law requires that a copy of this Notice 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 the nature of the employer's operations, where it will be readily observable by all affected employees. This Notice 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. Notification of Corrective Action For each violation which you do not appeal, you must provide abatement ceiti?cation to the Area Director of the OSHA of?ce issuing the Notice and identi?ed above. This abatement certi?cation is to be provided by letter within 10 calendar days after each abatement date. Abatement certi?cation includes the date and method of abatement. If the Notice indicates that the violation was corrected during the inSpection, no abatement certi?cation is required for that item. The abatement certi?cation letter must Notice of Unsafe and Unhealtht?ul Working Conditions Page 1 of 6 OSHA-2H RECEIVED SEP 2411* be posted at the location where the violation appeared and the corrective action took place or employees must otherwise be effectively informed about abatement activities. A template abatement certi?cation letter is enclosed with this Notice. In addition, where the Notice indicates that abatement documentation is required, evidence of the purchase or repair of equipment, photographs or video, receipts, training records, etc., verifying that abatement has occurred is required to be provided to the Area Director. Program Responsibilities Section 19(a)(l) of the OSH Act requires the head of each Federal agency to comply with applicable occupational safety and health standards. The intent of this section and Executive Order 12196 is implemented through 29 CFR If you are cited for violations of applicable safety and health standards, you have also violated the program element 29 CFR which stipulates: ?The head of each agency shall comply with the Occupational Safety and Health Administration standards applicable to the agency 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 within 15 working days after receipt of this Notice. As soon as the time, date, and place of the informal conference have been determined please complete the enclosed ?Notice to Employees? and post it where the Notice is posted. During such an informal conference you may present any evidence or views you believe would support an adjustment to the Notice. In addition, bring to the conference any and all supporting documentation of existing conditions as well as any abatement steps taken thus far. If you are considering a request for an informal conference to discuss any issues related to the Notice, you must take care to schedule it early enough to allow time to appeal after the informal conference should you decide to do so. Please keep in mind that a written letter of intent to appeal must be submitted by the Agency?s National OSH Manager to the OSHA Area Director within 15 business days of your receipt of the OSHA Notice to request that Regional Administrator review the case. Inspection Activity Data - You should be aware that OSHA publishes information on its inspection and notice activity on the Internet under the provisions of the Electronic Freedom of Information Act. The information related to these alleged violations will be posted when our system indicates that you have received this notice. You are encouraged to review the information concerning your establishment at If you have any dispute with the accuracy of the information displayed, please contact this office. Notice of Unsafc and Unhealthful Working Conditions Page 2 of 6 Dilap?m?tmem?: of Rahal? Occupational Safe-13y and Health Adminisim?iion T0 A11 infonnal confcremce has hair; scheciuled with the O?cwpationa? Safety and Heai?f Administratidn (OSHA) to discuss the Natice of UnSafe or Unhea?thful Working Com?tiens (Notice) issued on 09/20/2013. The conference will be: held by telephone: or at the QSHA o-f?ca: I located 211520 112thAvenue NE, Suite 200, Bellavue, WA 98004 on at . Employees and/0r representatives 0f emplayees have a right to attend an informal conferance. Notice ofUnsafc and Unhealthful Working Conditions Page 3 of 6 OSHAJZH ACTEQN AGENCIES inspection-?11Namaher: 9103898 Agency Name: Navy Puget Sound Navai Shipyard inspection Site: 1400 Farragut Ave, Bremerton, WA 9-8314- Issnance Date: 09/20/2013 Empinyer instruction: List the specific method of correction for each item on the enciosed notices that does not. read ?Corrected During inspection? and return to: USO Hepartrnerit of Labor @ccnpationai Safety and Haaitirr Aidininistratitnn9 S263 - Ayrshire NEE Smite 28th ?re?ies/nag WA Faiinre to submit a timeiy certi?cation of corrective action may result in a noti?cation to your agency Notice Number was corrected on and item Number 35? (Method of Abatement): Notice Number MM and item Number i was corrected on By (Method of Abatement): Notice Number and Item Number was corrected on mm By (Method of Abatement): Notice Number and Item Number was corrected on By- (Method of Abatement): Notice Number and Item Number was corrected on By (Method ofA?batement): Notice 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 Title NOTE: 29 USC 666(g) whoever knowineg makes any false statements, representation or certi?cation in any application, record, plan or other documents ?led or required to be maintained pursuant to the Act shah, upon conviction, be punished by a ?ne of not more than . $10,000 or by imprisonment of not more than 6 months or both. POSTING: A copy of the completed Corrective Action Worksheet should be posted for employee review. Notice of Unsafe and Working Conditions Page 4 of 6 OSHA-2H Labamf EthieefiiQ-m Number: 905898- Occupa?rional Salte'qf and Health Admiriisiration maids}? 05/09/2013 08/06/2013 7 lies-dame Bate: 09/20/2013 Nericc of Unsafe and Unhealthfel Werleieg C?l?dlfli?zHS (Company Name: Navy Puget Sound Naval Shipyard lnepec?ieh Site: 1400 Farragut Ave, Bremerton, WA 98314 Noticel item 1 i'ype ofViolation: 29 CPR The employer did not identify and evaluate the re3piratory .hazzerd(s) in the workplace; including a reasonable estimate of exposures to respiratory hazards and identi?cation of the contaminants chemical state and physical form; (Note: his standard. was referenced by 29 CFR 1915.154 for Shipyard activities.) a) In Building 1109, during cyanide destruction process, chlorine gas was emitied in levels above the NIOSH IDLE level of 10 parts per million, and the employer had not evaluated this respiratory hazard and. issued appropriate respiratory protectioc. DUCUMENTATEON REQUIURED FGR THIS Date by which Violation must he Ahmed: ll/O7/2013 See Pages 1 throngh 3 of this Notice for infonnation on employer and employee rights and Notice of Unsafe and Unhealthful Working Conditions Page 5 of 6' OSHA-2H i 9058985 Occupationai Safety and Health ACil?ililliSti?atiOft 05/09/2013 08/06/2013 liceraaniee Date: 09/20/2013 Notice of Umaafe aaci Woalaiag Cenadiitiome Name: Navy Puget Somid Naval Shipyard inspection Site: 1400 Farragut Ave, Bremerton, WA. 9813 14 Noticel hering Type of?ifiola?tion: 29 CPR Employees were met provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area: (Note; this standard was referenced by 29 CFR 19151200, in relation to shipyard work.) a) In building 1109, the employer did not train employees on the hazards associated with. chemicals that were byproducts of a cyanicie reaction, such as chiorine gas. There was no mention of chlorine gas in the employer?s chemical hazard communication training materials for chemicals used in the process. DOCUMENTATEQN REQUERED ETEM Date by which Woiation must be A?bated: 1 1/07/2013 avi . Baker Area Director Sec Pages 1 through 3 of this Notice for information on employer and employee rights and teaponsibilitics. Notice of Urisafe and Unhealthi'ul Working Conditions Page 6 of 6 OSHA-2H . "i Page i. or. Q9. A to 21 finder; 3 En- espanol Contact Us Flith i @Pnnt This Page l?Text Size Was this [sawtooth-fut? 0m "attend Salsa Wendi Wodters oars demerits RSS Feeds What?s New i Of?ces Publications Newsroom SmaliBusiness- Home Regulations 5 Enforcement HOME I INDEX SEARCH 5 4' Federal Employer Rights and Responsibilities Following] an Eighth; ?rhi ingEmGN An inspection of your workplace was conducted in accordance with the Occupational Safety and Health Act of 1970, Executive Order 12196, and 29 CFR Part 3.960, Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters. The compliance safety and health of?cer (CSHO) who Conducted the inspection has found conditions that are in violation of the Act, Executive Order 12196, or 29 CFR Part 1960, and you have been issued a Notice of Unsafe or Unhealthful Working Conditions Form (OSHA Notice) that explains in detail the exact nature of the alleged violationfs). This pamphlet contains important information regarding your rights and responsibilities under the Act, Executive Order 12196, and 29 CFR Part 1960. For each apparent violation found during the inspection, the compliance of?cer discussed the following with you: The nature of the violation, Possible abatement measures you may take to correct the violative condition, and Possible abatement dates you may be required to meet. if}? VIOLATIONS MLLFUL: A willful violation is de?ned as a violation in which the employer either knowingly failed to comply with a legal requirement (purposeful disregard) or acted with plain indifference to employee safety. - . SERIOUS: A serious violation exists when the workplace hazard could cause an accident or illness that would most likely result in death or serious physical harm, unless the employer did not know or could not have known of the violation. A Federal agency may be cited for a repeated violation if the agency has been cited previously for the same or a substantially similar condition and, for a serious violation. regionwide (see last page) inspection history for the agency lists a previous OSHA Notice issued within the past ?ve years: or, for an other-thannserious violation, the establishment being inspected received a previous OSHA Notica issued within the past ?ve years. A violation that has a direct relationship to job safety and health, but is not serious in nature, is dassi?ed as PQHENG When you receive an OSHA Notica, you must post it (Or a copy of it) at or near the place where each violation occurred to make employees aware of the hazards to which they may be exposed. The OSHA Notice must remain posted for 3 working days or until the hazard is abated, whichever is longer. (Saturdays, Sundays and Federal holidays are not counted as working days). EMPLOYER 09TH) NS As an empIOyer who has been cited, you may: Correct the condition by the date set In the OSHA Nob'ce and/or, Request an Informal Conference within 15 werking days from the time you received the OSHA Notice with the OSHA Area Director to discuss the violations and/or the abatement dates. HOW TO COMPLY For violations cited in the OSHA Notioe, you most notify the OSHA Area Director by letter that you have taken the appropriate corrective action within the time set forth in the OSHA Notice. The noti?cation you send the Area Director ls generally referred to as a LETTER OF CORRECIIVE ACTION. it must explain the speci?c action taken with regard to the violation and state the date each corrective action was taken. If you have abatement questions after the inspection, they should be discussed with the Area Director in the informal conference. When the OSHA Notice permits an extended period of time for abatement, you must insure that employees are adequately protected during this time. If this is the case, you must provide OSHA with a periodic progress report on your actions taken in the interim. INFORMAL CONFERENCE You may request an informal conference with the OSHA Area Director to discuss the violations. You may use this opportunity to do any of the following: a Obtain a better explanation for the violations cited. - Obtain a more complete understanding 'of the speci?c standards that apply. - Discuss ways to correct violations. in Discuss problems conceming the abatement dates. 9/3/2013 1 #413, i Employer Rights Rosporisihillities ., one r? :1 Discuss problems concerning employee safety practices. a Resolve disputed violations. in Obtain answers to any other questions you may have. i' You are encouraged to take advantage of the opportunity to have an informal conference if you foresee any dif?culties in compiying with any part of the OSHA Notice. Employee representadves have the right to participate in any Informal? conference or negotiations between the Area Director or Regional Administrator and the employer. If you agree that the violations do exist, but you have a valid reason for wishing to extend the abatement datei's), you may discuss this with the Area Director during the informal conference. The Area Director may issue an amended OSHA Notice that changes the abatement date prior to the expiration of the 15 working day period. Every effort will be made to resolve the i55ues at an informal conference. If, however, an issue is'not resolved by the Area Director, a summary of the discussion together with the agehcy's position on the unresolved issues shall be forwarded to the Federai Agency Program Of?cer within 5 working days of the informal conference. :3 The FAPO/Regional Administrator will confer with the appropriate Regional agency omciai before making a decision on the unresolved issues. a If the FAPOjRegional Administrator, in consultation with the Area Director, decides that the item in question should remain unchanged on the OSHA Notice, the appropriate agency of?cials shall be advised. a If there is still an unresolved issue after the Regional review, the agency may send a letter of appeal to OSHA's Of?ce of Federal Agency Programs (OFAP). OFAP the disputed issues and discuss these with boo agency ol?dals, as appropriate, to obtain resoiution. The decision at the National Of?ce ievei, in consultation with the Regional Administrator, FAPO, and Area Director, is ?nai. in Under the OSHA Act, Executive Order 12.196 and 29 CFR Part 1969, Federal agencies do not have the right to contest the OSHA Notice. PWGN FOR Gil? (Width) Abatement dates are assigned on the base of the best information available at the time the OSHA Notice is issued. When you are unable to meet an abatement date because of uncontrollable events or other circumstances, you may ?le a Petition for Modi?cation of Abatement (PMA) with the OSHA Area Director. . The petition must be in writing and must be submitted no later than one working day otter the abatement date. To show clearly that you have made a good-faith effort to comply, the PMA must include all of the following information before it can be considered: Steps you have taken in an effort to achieve compliance and dates they were taken; Additional time you need to compiy; Why you need the additional time; Interim steps you are taking to safeguard your empioyees against the cited hazard(s) until the abatement; and A certification that the petition has been posted, the date of posting and, when appropriate, 3 statement that the petition has been furnished to an authorized representative of the affected employees. The petition must remain posted for 10 working days, during which empioyees may file an objection. A PMA maybe granted or objected to by the OSHA Area Director. If a PMA is granted, a monitoring inspection may be conducted to ensure that conditions are as they have been described and that adequate progress toward abatement has. been made. in When agreement to amend the abatement date cannot be reached at the Area Of?ce, the agency may?bn'ng unresolved issues to the Regional Administrator/PAW for resolution with his counterpart in the agency. Issues not resolved at the regionai level shall be forwarded to the Director, OFAP, for resoiution with agency headquarters in consultation with the Regional Administrator. the FAPO, and the Area Director. Further information on PMAs may be obtained from any OSHA Area/District of?ce. STANDARDS Agency heads may apply for approval of an alternate standard where deemed necessary and, after consulting with employees or their representatives, induding appropriate safety and health committees, notify the Secretary of Labor and request approval of such standards. The Secretary will not appmve alternate standards uniess It provides affected employees equivalent or greater protection. The agency head must pro ride the Secretary with the following: A statement of why the agency cannot comply with the OSHA standard or wants to adopt an aitemate standard; a A description of the alternate standard; An explanation of how the alternate standard provides equivalent or greater protection for the affected employees; I A description of interim protective measures afforded employees until a decision is rendered by the Secretary of Labor; and - A summary of written comments, if any, from interested employees, empioyee representatives, and occupational safew and health committees. Employees and other interested groups are encouraged to participate in the alternate standard process. EMPLOYEE COURSES OF ACTION Employees or their authorized representadves may object to any or ali of the abatement dates set for violations if they believe them to be unreasonable. A written notice of their objections must be ?led with the OSHA Area Director within 15 working days. after the employer receives the OSHA Notice. The ?ling of an employee objection does not suspend the employer's obiigation to abate the hazards). Employees also have the right to object to a PMA. Such objections must be In writing and must be sent to the Area Of?ce within 10 days of service or posting. FGLLOWUP INSPECTION AND FAILURE TO ABATE if you receive a Notice of Unsafe or Unheaithful Working Conditions, a followup Inspection may be conducted to verify that you have done the following: a Posted the OSHA Notice as required, a Corrected the violations as required in the OSHA Notice, and/or - Adequateiy protected employees and made appropriate progress In correcting the hazards during mold-step or abatement periods. 9/3/2013 551?: ?fil?yf'f?' - 5,339. 92.3.1.3. Federal, Rights and Responsibilities Page of .3 'r :1 Any new violations discovered during a followup inspection will be cited, as well as any hazards whicl have not been abated by the abatement date so speci?ed on the OSHA Notice. The latter violations will be cited in the form of Failure to Abate Notice. 3 EM Discontinuation Executive Order 12196 and 29 CFR Part 1960.46 prohibit Federal agencies from discharging or otherwise discriminating against an employee who has exercised any right under these laws, including the right to maize safety and health complaints or to request an OSHA inspection. in addition, Federal employees may have protection for such activity under the Whistlebiower Protection Act of 3.989. Complaints who neiieve may have been discriminated against will be investigated by the Of?ce of Special Counsel except in those agencies not covered by the Whistiebiower Act. Agencies exempted from the Whistieblower Act are: . 4 A government corporation, such as the Tennessee Valley Authority; the Central Intelligence Agency, Defense Intelligence Agency, National Security Agenw, or certain other intelligence agencies excluded by the President; a the General Accounting Of?ce; the U55. Postal Service or Postal Rate Commission; El [3 Ei the Federal Bureau of investigaiion; and, Federal prisoners. if the Federal employee?s agency is exampth from the Act, the alleged reprisal is forwarded to the agency?s Designated Agency Safety and Health Ot?ciai (DASHO). There is no time limit for Filing a complaint with the Of?ce of Special Counsel. To obtain further information on this matter, employees may contact OSHA and/or the Of?ce of Special Counsel. PROVIQZNG FALSE i All information reported to OSHA by employers and employees must be accurate and truthful. IN FORMATEGN For further information and assistance, please contact your OSHA Area Director. 3 RELATED PQBLEQAWUMS A single free copy of the following materials can be obtained from the OSHA Publiwtions Of?ce, 200 Constitution Avenue, Room N3101, Washington, D.C. 20210, (2.02) 219-4667 Chemical Hazard Communication-OSHA 3084 How to Prepare For Workplace Emergencies-OSHA 3088 Job Hazard Analysis-OSHA 3071 29 CFR Part 1960, Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters Recordinaaping and Reporting Guidelines for Federal Agencies?OSHA 21314 can be obtained from OSHA, Of?ce of Federal Agency Programs, 200 Constitution Avenue, Room N3112, Washington, MI. 20210, (202) 2i9-9329. Freedom of Information Act 5 Privacy8:Securil:y Statement Disclaimers 1 Important Web Site Notices International Contact Us U.S. Department of Labor 1 Occupational Safety Health Administration 1 200 Constitution Ave, NW, Washington, DC 20210 Telephone: {6742) I 67743896627 9/3/2013