US. Department of Labor Occupational Safety and Health Administration 1000 Liberty Avenue Room 905 Pittsburgh, PA 15222 Phone: 412-395?4903 Fax: 412-395?6380 To: 5 Inspection Number: 1259737. FirstEnergy Generation LLC Inspection Date(s): 08/3 0/201 7 - 02/23/2018 128 Ferry Hill Road Issuance Date: 02/27/2018 Shippingport, PA 15077 Inspection Site: Bruce Mans?eld Plant 128 Ferry Hill Road Shippingport, PA 15077 This Citation and Noti?cation 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 Citation and Noti?cation of Penalty you either call to schedule an informal conference (see paragraph below) or 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 3000) which outlines your rights and responsibilities and which should be read in conjunction with this form. Issuance of this Citation does not constitute a ?nding 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 af?rmed by the Review Commission or a court. Posting The law requires that a copy of this Citation and Noti?cation 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. 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). Citation and Noti?cation of Penalty Page 1 of 18 . OSHA-2 ?m ??er If you are considering a request for an informal conference to discuss any issues related to this Citation and Noti?cation 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 Notice to Employees next to this Citation and Noti?cation 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 Noti?cation 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) andior proposed penalty?es) within 15 working days after receipt, the citation(s) and the proposed penalty?es) will become a ?nal 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 noti?cation unless contested. (See the enclosed booklet and the additional information provided related to the Debt Collection Act of 1982.) Make your check or money order payable to Please indicate the Inspection Number on the remittance. You can also make your payment electronically on gov. On the left side of the pay. gov homepage, you will see an option to Search Public Forms. Type and click Go. From the results, click on OSHA Penalty Payment Form. The direct link is: 3 0903 34. You will be required to enter your inspection number when making the payment. Payments can'be made by credit card or Automated Clearing House (ACH) using your banking information. Payments of $25,000 or more require a Transaction ID, and also must be paid using ACH. If you require a Transaction ID, please contact the OSHA Debt Collection Team at (202) 693 -2170. OSHA does not agree to any restrictions or conditions or endorsements put on any check, money order, or electronic payment for less than the full amount due, and will process the payments as if these restrictions or conditions do not exist. Noti?cation of Corrective Action For each violation which you do not contest, you must provide abatement certi?cation to the Area Director of the OSHA of?ce issuing the citation and identi?ed above. This abatement certification 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 citation indicates that the violation was corrected during the inspection, no abatement certi?cation is required for that item. The abatement certi?cation letter must 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 sample abatement certi?cation letter is enclosed with this Citation. In addition, where the citation indicates that abatement documentation is necessary, 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. Citation and Noti?cation of Penalty Page 2 of 18 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 lie/she has been discriminated against may ?le a complaint no later than 30 days after the discrimination occurred with the US. Department of Lab or Area Office at the address shown above. Employer Rights and Responsibilities The enclosed booklet (OSHA 3000) outlines additional employer rights and responsibilities and should be read in conjunction with this noti?cation. 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 US. Department of Labor Area Of?ce 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 Noti?cation of Penalty. Inspection Activity Data You should be aware that OSHA publishes information on its inspection and citation 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 citation. You are encouraged to review the information concerning your establishment at gov. If you have any dispute with the accuracy of the information displayed, please contact this of?ce. Citation and Noti?cation of Penalty Page 3 of 18 OSHA-2 US. 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 02/27/2018. The conference will be held by telephone or at the OSHA of?ce located at 1000 Liberty Avenue, Room 905, Pittsburgh, PA 15222 on at . Employees and/ or representatives of employees have a right to attend an informal conference. Citation and Noti?cation of Penalty Page 4 of 18 OSHA-2 CERTIFICATION OF CORRECTIVE ACTION WORKSHEET Inspection Number: 1259737 Company Name: irstEnergy Generation LLC Inspection Site: Bruce Mans?eid Plant, 128 Ferry Hill Road, Shippingport, PA 15077 Issuance Date: 02/27/2018 List the speci?c method of correction for each item on this citation in this package that does not read ?Corrected During Inspection? and return to: US. Department of Labor Occupational Safety and Health Administration, 1000 Liberty Avenue, Room 905, Pittsburgh, PA 15222 - 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 Numb er and Item Numb er 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(3) whoever knowingly makes any false statements, representation or certi?cation in any application, record, plan or other documents ?ied or required to be maintained pursuant to the Act shall, 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 completed Corrective Action Worksheet should be posted for employee review Citation and Noti?cation of Penalty Page 5 of 18 OSHA-2 US. Department of Labor Inspection Number: 1259737 Occupational Safety and Health Administration Date(s): 08/3 0/2017 02/23/2013 Issuance Date: 02/27/2018 Citation and Notification of Penalty Company Name: FirstEnergy Generation LLC Inspection Site: Bruce Mans?eld Plant, 128 Ferry Hill Road, Shippingport, PA 15077 1 Citation 1 Item 1 Type of Violation: 29 CFR 1910. 146(c)(6): When there were changes in the use or con?guration of a non-permit con?ned space that could increase the hazards to entrants, the employer did not reevaluate that space and, when necessary, reclassify it as a permit-required con?ned space: a) In the North Division Vault of the North LDS Pond, on or about August 29, 2017 - The employer failed to reevaluate and reclassify the vault as a permit-required con?ned space before mechanical contractors began to open the 24?inch LDS pipe line which introduced a water engul?nent hazard, - hydrogen sul?de atmospheric hazard and hazards associated with oxygen fuel gas torch use into the space. Date By Which Violation Must be Abated: Corrected During Inspection Proposed Penalty: . $12934.00 See pages 1 through 4 ofthis Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 6 of 18 OSHA-2 US. Department of Labor Inspection Number: 1259737 Occupational Safety and Health Administration Inspection Date(s): 03/ 3 0/ 2017 02/23/2018 Issuance Date: 02/27/2018 Citation and Noti?cation of Penalty Company Name: FirstEnergy Generation LLC Inspection Site: Bruce Mans?eld Plant, 128 Perry Hill Road, Shippingport, PA 15077 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 2 a Type of Violation: 29 CFR When an employer arranged to have employees of another employer (contractor) perform Work that involved permit space entry, the host employer did not inform the contractor that the workplace contained permit spaces and that permit space entry is allowed only through compliance with a permit space program meeting the requirements of this section: a) In the North Division Vault of the North LDS Pond on or about August 29, 2017- The employer failed to inform the mechanical contractor that the vault was a permit-required con?ned space prior to entry by mechanical contractor employees. Date By Which Violation Must be Abated: Corrected During Inspection Proposed Penalty: 12934.00 See pages 1 through 4 of this Citation and Noti?cation of Penalty for information on; employer and employee rights and responsibilities. Citation and Noti?cation of Penaity Page 7 of 18 OSHA-2 US. Department of Labor Inspection Number: 1259737 Occupational Safety and Health Administration Inspection Date(s): 08/3 0/2017 02/23/2013 Issuance Date: 02/27/2018 Citation and Noti?cation of Penalty Company Name: irstEnergy Generation LLC Inspection Site: Bruce Mans?eld Plant, 128 Ferry Hill Road, Shippingport, PA 15077 Citation 1 Item 2 Type of Violation: Serious 29 CFR When an employer arranged to have employees of another employer (contractor) perform work that involved permit space entry, the host employer did not apprise the contractor of the elements, including the hazards identi?ed and the host employer's experience with the space, that make the space in question a permit space: a) In the North Division Vault of the North LDS Pond, on or about August 29, 2017 The employer failed to apprise the mechanical contractor of the engul?nent hazard, hazardous atmosphere hazards, and hazards associated with use of oxygen fuel gas torch cutting hazard during entry into the vault. Date By Which Violation Must be Abated: Corrected During Inspection See pages 1 through 4 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty - Page 3 of 13 U.S. Department of Labor Inspection Number: 1259737 Occupational Safety and Health Adminisnation InSpection Date(s): 08/3 0/2017 - 02/23/2018 Issuance Date: 02/27/2018 Citation and Noti?cation of Penalty Company Name: FirstEnergy Generation LLC Inspection Site: Bruce Mans?eld Plant, 128 Perry Hill Road, Shippingport, PA 15077 Citation 1 Item 3 Type of Violation: Serious 29 CFR Under the permit-required con?ned space program required by 29 CF the employer did not evaluate permit space conditions when entry operations were conducted by testing or monitoring the permit space as necessary to determine if acceptable entry conditions are being maintained during the course of entry operations: a) In the North Division Vault of the North LDS Pond, on or about August 29, 2017 The employer failed to monitor the vault for acceptable entry conditions while mechanical contractor employees were inside the vault conducting operations which could introduce hydrogen sul?de gas including removing a 24uinch LDS pipe elbow. Date By Which Violation Must be Abated: Corrected During Inspection Proposed Penalty: 12934 .00 See pages 1 through 4 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 9 of 18 OSHA-2 U. S. Department of Labor Inspection Number: 1259737 Occupational Safety and Health Administration Inspection Date(s)' 03/3 0/2017 02/23/2018 Issuance Date: 02/27/2018 Citation and Noti?cation of Penalty Company Name: FirstEnergy Generation LLC Inspection Site: Bruce Mans?eld Plant, 128 Ferry Hill Road, Shippingport, PA 15077 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 4 a Type of Violation: Serious 29 CFR The employer did not provide training so that all employees Whose work was regulated by 29 CFR 1910.146 (permit required con?ned spaces) acquired the understanding, knowledge and skills necessary for the safe performance of the duties assigned under 29 CFR 1 91 0.146: a) In the North Division Vault of the North LDS Pond, on or about August 29, 2017 - The entry supervisor/lead did not acquire understanding, knowledge, and skills necessary to perform duties assigned under 29 CFR 1910.146. Date By Which Violation Must be Abated: Corrected During Inspection Proposed Penalty: $12934.00 See pages 1 through 4 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 10 of 18 OSHA-2 U. S. Department of Labor Inspection Number: 1259737 Occupational Safety and Health Administration Inspection Date(s). 03/ 3 0/2017 02/23/2013 Issuance Date: 020772018 Citation and Noti?cation of Penalty Company Name: FirstEnergy Generation LLC Inspection Site: Bruce Mans?eld Plant, 128 Ferry Hill Road, Shippingport, PA 15077 Citation 1 Item 4 Type ofViolation: Serious 29 CFR The employer did not provide training that established employee pro?ciency in the duties required by 29 CFR 1910.146, Pennit-required con?ned spaces, and did not introduce new or revised procedures, as necessary, for compliance with this section: a) In the North Division Vault of the North LDS Pond, on or about August 29, 2017? The employer failed to provide training that established the entry supervisor/leads pro?ciency 1n the duties required by 29 CFR1910146. Date By Which Violation Must be Abated: Corrected During Inspection See pages 1 through 4 of this Citation and Noti?cation of Penalty for information on employer and employee tights and responsibilities. Citation and Noti?cation of Penalty Page 11 of 18 U. S. Department of Labor Inspection Number: 1259737 Occupational Safety and Health Administration 111513999011 Date(s). 03/30/2017 02/23/2018 Issuance Date: 02/27/2018 Citation and Noti?cation of Penalty Company Name: FirstEnergy Generation LLC Inspection Site: Bruce Mans?eld Plant, 128 Ferry Hill Road, Shippingport, PA 15077 Citation 1 Item 5 Type ofViolation: Serious . 29 CFR 1910 1200(h)(3): The employee training did not include the requirements of 29 CFR through a) In the North Division Vault of the North LDS Pond, on or about August 29, 2017 - The employer failed to provide training to the entry supervisorilead on the methods and observations used to detect the presence or release of hydrogen sul?de in the vault, health hazards of hydrogen sul?de in the vault, and measures employees can take to protect themselves from hydrogen sul?de in the vault. Date By Which Violation Must be Abated: Corrected During Inspection Proposed Penalty: 12934.00 See pages 1 through 4 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 12 of 18 MK U.S. Department of Labor Inspection Number: 1259737 Occupational Safety and Health Administration Inspection Date(s): 03/ 3 0/ 2017 02/23/2018 Issuance Date: 02/27/2018 Citation and Notification of Penalty Company Name: FirstEnergy Generation LLC Inspection Site: Bruce Mans?eld Plant, 128 Ferry Hill Road, Shippingport, PA 15077 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 6 a Type 0fVio1ation: Serious 29 CFR Employee(s) were exposed to an airborne concentration of hydrogen sul?de listed in Table 2-2 in excess of the ceiling concentration of 20 ppm: a) In the North Division Vault of the North LDS Pond, on or about August 30, 2017 - A FirstEnergy Generation LLC employee was hospitalized as a result of exposure to hydrogen sul?de gas above the ceiling concentration of 20 while the FirstEnergy employee was at the top of the vault as contractors removed an elbow from the 24-inch LDS pipe line. Date By Which Violation Must be Abated: Corrected During Inspection Proposed Penalty: . $12934.00 See pages 1 through 4 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 13 of 18 OSHA-2 5 US. Department of Labor Inspection Number: 1259737 Occupational Safety and Health Inspection 08/30/2017 02/23 /20 1 8 Issuance Date: 02/27/2018 Citation and Notification of Penalty Company Name: FirstEnergy Generation LLC Inspection Site: Bruce Mans?eld Plant, 128 Perry Hill Road, PA 15077 Citation 1 Item 6 Type of Violation: Serious 29 CFR Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CF 1910. 1000(a) through a) In the North Division Vault of the North LDS Pond, on or about August 30, 2017 The employer failed to determine and implement feasible administrative or engineering controls to achieve compliance with the permissible exposure and ceiling limits for hydrogen sul?de while a FirstEnergy employee was working at the top of the vault and, at the same time, contractors removed an elbow from the 24~inch LDS pipe line. Date By Which Violation Must be Abated: Corrected During Inspection See pages 1 through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 14 of 18 ,m U.S. Department of Labor Inspection Number: 1259737 Occupational Safety and Health Administration Inspection Date(s): 03/3 0/2017. 02/23/2018 Issuance Date: 02/27/2018 Citation and Noti?cation of Penaltv Company Name: FirstEnergy Generation LLC Inspection Site: Bruce Mans?eld Plant, 128 Ferry Hill Road, Shippingport, PA 15077 Citation 1 Item 6 Type of Violation: Serious 29 CFR 1910. 134(c)(1): A written respiratory protection program that included the provisions in 29 CFR - (ix) with Worksite speci?c procedures was not established and implemented for required respirator use: a) In the North Division Vault of the North LDS Pond, on or about August 30, 2017 - The employer failed to implement the respiratory protection program for an employee who was exposed to hydrogen sul?de above the permissible exposure and ceiling limits While contractors were inside the vault removing an elbow from a 24-inch line that contained water, hydrogen sul?de gas, and ash slurry. Date By Which Violation Must be Ab'ated: Corrected During Inspection See pages 1 through 4 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 15 of 18 US. Department of Labor Inspection Number: 1259737 Occupational Safety and Health Administration 11151199150? Date(s): 03/3 0/2017 02/23/2018 Issuance Date: 02/27/2018 Citation and Notification of Penalty Company Name: FirstEnergy Generation LLC Inspection Site: Bruce Mans?eld Plant, 128 Perry Hill Road, Shippingport, PA 15077 Citation 1 Item 6 (1 Type of Violation: S?l?iOllS ?29 CFR An appropriate respirator was not selected and provided based on the respiratory hazard(s) to which the worker?is exposed and Workplace and user factors that affect respirator performance and reliability: a) In the North Division Vault of the North LDS Pond, on or about August 30, 2017 - The employer failed to select and provide appropriate respiratory protection to an employee who was exposed to hydrogen sul?de gas above the permissible exposure limit. Date By Which Violation Must be Abated: Corrected During Inspection 49m. Christopher M. Robinson Area Director See pages 1 through 4 of this Citation and Noti?cation of Penalty for infomation on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 16 of 18 OSHA-2 US. Department of Labor Occupational Safety and Health Administration 1000 Liberty Avenue Room 905 Pittsburgh, PA 15222 Phone: 412?395-4903 Fax: 412395-63 80 INVOICE . DEBT COLLECTION NOTICE Company Name: FirstEnergy Generation LLC Inspection Site: Bruce Mans?eld Plant, 128 Ferry Hill Road, Shippingport, PA 15077 Issuance Date: 02/27/2018 Summary of Penalties for Inspection Number 1259737 Citation 1, Serious $77604.00 TOTAL PROPOSED PENALTIES $77604.00 To avoid additional charges, please remit payment to this Area Of?ce for the total amount of the uncontested penalties summarized above. Make your check or money order payable to: Please indicate OSHA's Inspection Number (indicated above) on the remittance. You can also make your payment electronically on gov. On the left side of the pay. gov homepage, you will see an option to Search Public Forms. Type and click Go. From the results, click on OSHA Penalty Payment Form. The direct link is gov/paygovf forms/ 3 090334. You will be required to enter your inspection number when making the payment. Payments can be made by credit card or Automated Clearing House (ACH) using your banking information. Payments of $25,000 or more require a Transaction ID, and also must be paid using ACH. If you require a Transaction ID, please contact the OSHA Debt Collection Team at (202) 693-2170. OSHA does not agree to any restrictions or conditions or endorsements put on any check, money order, or electronic payment for less than the full amount due, and will cash the check or money order as if these restrictions or conditions do not exist. - If a personal check is issued, it will be converted into an electronic fund transfer (EFT). This means that our bank will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit ??om your account will then usually occur within 24 hours and will be shown on your regular account statement. You will not receive your original check back. The bank will destroy your original check, but will keep a copy of it. If the EFT cannot be completed because of insuf?cient funds or closed account, the bank will attempt to make the transfer up to 2 times. Citation and Noti?cation of Penalty Page 17 of 13 Pursuant to the Debt Collection Act of 1982 (Public Law 97-3 65) and regulations of the US. Department of Labor (29 CFR Part 20), the Occupational Safety and Health Administration is required to assess interest, delinquent charges, and administrative costs for the collection of delinquent penalty debts for Violations of the Occupational Safety and Health Act. Interest: Interest charges will be assessed at an annual rate determined by the Secretary of the Treasury on all penalty debt amounts not paid within one month (3 0 calendar days) of the date on which the debt amount becomes due and payable (penalty due date). The current interest rate is one percent Interest will accrue from the date on which the penalty amounts (as proposed or adjusted) become a ?nal order of the Occupational Safety and Health Review Commission (that is, 15 working days from your receipt of the Citation and Noti?cation of Penalty), unless you ?le a notice of contest. Interest charges will be waived if the ?ill amount owed is paid within 30 calendar days of the ?nal order. Delinquent Charges: A debt is considered delinquent if it has not been paid within one month (30 calendar days) of the penalty due date or if a satisfactory payment arrangement has not been made. Ifthe debt remains delinquent for more than 90 calendar days, a delinquent charge of six percent per annum will be assessed accruing from the date that the debt became delinquent. Administrative Costs: Agencies of the Department of Labor are required to assess additional charges for the recovery of delinquent debts. These additional charges are administrative costs incurred by the Agency in its attempt to collect an unpaid debt. Administrative costs will be assessed for demand letters sent in an attempt to collect the unpaid debt. fMam' - a-anwavms Christopher M. Robinson Date Area Director Citation and Noti?cation of Penalty Page 18 of 18