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Division ofOccupational Safety and HealthOccupational Safety and Health StatisticsOccupational Health Clinics

May 20, 2011

Mr. Brian Ahearn17 Green Hill RoadKillingworth, CT 06419RE: Complaint #206845786

Killingworth Volunteer Fire Company333 Route 81Killingworth, CT 06419

Dear Mr. Aheam:Your complaint filed on February 22, 2011 was investigated and we find as follows:

(X) Citations were issued for items listed in your complaint and copies are enclosed.The complaint alleges the following:

1. The Fire Department had responded to a reportofa 55 gallon drum containing an unknown substance lyingin a roadway and failed to properly assess the situation before relocating the barrel to the firehouse.

2. The complainant was terminated after questioning Fire ChiefArnold Moore about the incident.CONN-OSHA proposes the following citation:

1. The employer did not properly evaluate a reported hazardous waste spill prior to allowing employees tomitigate the incident.

OnMay6,2011 you were contactedbyJames Fusaro, Safety Compliance Officer, informing youofyour right to filean 11 (c) complaint with CONN-OSHA ifyou feel that this termination from the Killingworth Volunteer Fire Companywas a result of filing this complaint with this office.If you have any questions, you may contact me for clarification.

Sincerely yours,~ 1 ~ Kenneth C. Tucker IIIProgram Manager

kctlcfjenc. 38 Wolcott Hill Road, Wethersfield, CT 061 09 Ph: 860.263.6900 Fx: 860.263.6940 www.ct'.gov/dolAn Equal Opportunity/Affirmative Action Employer

http://www.ct%27.gov/dol

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Division ofOccupational Safety and HealthOccupational Safety and Health StatisticsOccupational Health Clinics

Mr. Arnold Moore, Fire ChiefKillingworth Volunteer Fire Company333 Route 81Killingworth, Ct 06419RE: Inspection #310790373Killingworth Volunteer Fire Department

333 Route 81Killingworth, CT 06419

Dear Mr. Moore:

May 20,2011

Enclosedyou will find citations for violations ofConnecticut's Occupational Safetyand Health Act which mayhaveaccompanying proposed.penalties.Also enclosed is abooklet which explains your rights and responsibilities under the Act. As indicatedon-page 6of hebooklet, you may requestan informal conference with me during the 15-working-day notice ofcontest period. Theinfonnal conference provides an opportunityto resolve disputedmatters pertaining to the citations without the necessityof recourse to the contest period litigation process.Please be advised that when an informal conference is scheduled, it is mandatory that page 3, NoticeTo EmployeesofInformal Conference, be posted.I fyouhave any questions about the enclosed citations, penalties, abatement dates, CONN-OS:a:A program or infonnalconference, please contact me.

kctlcfjEncs.cc: Richard Darin, Senior Trustee

Very truly yours,

Kenneth C. Tucker i l lProgram Manager

38 Wolcott Hill Road, Wethersfield, CT 061 09 Ph: 860.263.6900 _ x: 860.263.6940 www.ct'.gov/dolAn EqualOpportunity/AffirmativeAction Employer

http://www.ct%27.gov/dol

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State of Connecticut Department of LaborDivision of Occupational Safety & Health38 Wolcott Hill RoadWethersfield, CT 06109Phone: (860)263-6900 FAX: (860)263-6940

Facility Name:1Dspecti0n Site:Issuance Date:

INVOICE

Killingworth Volunteer Fire Company333 Route 81, Killingworth, CT 0641905/20/2011

Summary of Penalties for Inspedion Number 310790373Citation 1, SeriousTOTAL PROPOSED PENALTIES

= $= $ 420.00420.00Please remit payment promptly to this Office for the total amount of the uncontested penalties summarizedabove.Make your check or money order payable to: "Commissioner of Labor". Please indicate CONN-OSHA'sInspection Number (indicated above) on the remittance.CONN-OSHA does not agree to any restrictions or conditions or endorsements put on any check or moneyorder for less than full amount due, and will cash the check or money order as i f these restrictions,conditions, or endorsements do not exist.

Kenneth C. Tucker TIlProgram Manager

Page 1 of 1

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State of ConnecticutDepartment of LaborDivision of Occupational Safety & Health38 Wolcott Hill RoadWethersfield, CT 06109Phone: (860)263-6900 FAX: (860)263-6940

To:Mr. Arnold Moore, Fire ChiefKillingworth Volunteer Fire Company333 Route 81Killingworth, CT 06419Inspection Site:Killingworth Volunteer Fire Company333 Route 81Killingworth, CT 06419

Inspection Number:Inspection Date(s):Issuance Date:CSHO ID:Optional Report No.

31079037303/16/2011-03/18/201105/20/2011U1078002

This Citation and Notification of Penalty (this Citation) describes violations of the Connecticut Occupational Safetyand Health Act. The penalty(ies) listed herein is (are) based on these violations. You must abate the violation(s)referred to in this Citation by the date(s) listed and pay the penalty(ies) proposed, unless within 15 working days(excluding weekends and state holidays) from your receipt of this Citation and Notification of Penalty you mail anotice of contest to the State of Connecticut, Department of Labor, Division of Occupational Safety and Health(CONN-OSHA) at the address shown above. Please refer to the enclosed booklet (OSHA 3000) which outlinesyour rights and responsibilities and which should be read in conjunction with this form. Issuance of this Citationdoes not constitute a fmding that a violation of the Act has occurred unless there is a failure to contest as providedfor 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 the Citation(s) be posted immediately in a prominent place at or nearthe location of the violation(s) cited herein, or, if it is not practicable because of the nature of the employer'soperations, where it will be readily observable by all affected employees. The Citation(s) must remain posted untilthe violation(s) cited herein has (have) been abated, or for 3 working days (excluding weekends and state holidays),whichever is longer. The penalty dollar amounts need not be posted and may be marked out or covered upprior to posting.Informal Conference - An informal conference is not required. However, if you wish to have such aconference you may request one with the Director during the 15 working day contest period. During such aninformal conference you may present any evidence or views which you believe would support an adjustment to thecitation(s) and lor penalty(ies).

Citation and Notification of Penalty Page 1 of 5 CTOSHA-2(Rev.2/96)

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I f you are considering a request for an informal conference to discuss any issues related to this Citation andNotification of Penalty, you must take care to schedule it early enough to allow time to contest after the informalconference, should you decide to do so. Please keep in mind that a written letter of intent to contest must besubmitted to the Director within 15 working days of your receipt of this Citation. The running of this contestperiod is not interrupted by an informal conference.I f you decide to request an informal conference, please complete, remove and post the page 4 Notice to Employeesnext to this Citation and Notification of Penalty as soon as the time, date, and place of the informal conference havebeen determined. Be sure to bring to the conference any and all supporting documentation of existing conditionsas well as any abatement steps taken thus far. I f conditions warrant, we can enter into an informal settlementagreement which amicably resolves this matter without litigation or contest.Right to Contest - You have the right to contest the Citation and Notification of Penalty. You may contestall citation items or only individual items. You may also contest proposed penalties and/or abatement dates withoutcontesting the underlying violations. Unless you inform the Director in writing that you intend to contest thecitation(s) and/or proposed penalty(ies) within 15 working days after receipt, the citation(s) and the proposedpenalty(ies) will become a fmal order of the Connecticut Occupational Safety and Health Review Commissionand 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.Make your check or money order payable to "Commissioner of Labor". Please indicate the Inspection Numberon the remittance.CONN-OSHA does not agree to any restrictions, conditions or endorsements put on any check or money order forless than the full amount due, and will cash the check or money order as if these restrictions, conditions, orendorsements do not exist.Notification of Corrective Action - For violations which you do not contest, you should notify CONNOSHA promptly by letter that you have taken appropriate corrective action within the time frame set forth on theCitation(s). Please inform the CONN-OSHA office in writing of the abatement steps you have taken and of theirdates, together with adequate supporting documentation, e.g., drawings or photographs of corrected conditions,purchase/work orders related to abatement actions, air sampling results, etc.Employer Discrimination Unlawful- The law prohibits discrimination by an employer against an employeefor filing a complaint or for exercising any rights under this Act. An employee who believes that he/she has beendiscriminated against may flle a complaint no later than 180 days after the discrimination occurred with the CONNOSHA office at the address shown above.Employer Rights and Responsibilities - The enclosed booklet (OSHA 3000) outlines additional employerrights and responsibilities and should be read in conjunction with this notification.

Citation and Notification of Penalty Page 2 of 5 CTOSHA-2(Rev.2/96)

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Notice to Employees - The law gives an employee or his/her representative the opportunity to object to anyabatement date set for a violation if he/she believes the date to be unreasonable. The contest must be mailed tothe CONN-OSHA office at the address shown above and postmarked within 15 working days (excluding weekendsand state 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 .citation activity on the Internet under the provisions of the Electronic Freedom of Information Act. Theinformation related to your inspection will be available 30 calendar days after the Citation Issuance Date. You areencouraged to review the information concerning your establishment at WWW.OSHA.GOV. I f you have anydispute with the accuracy of the information displayed, please contact this office.

Citation and Notification of Penalty Page 3 of 5 CTOSHA-2(Rev. 2/96)

http:///reader/full/WWW.OSHA.GOVhttp:///reader/full/WWW.OSHA.GOVhttp:///reader/full/WWW.OSHA.GOVhttp:///reader/full/WWW.OSHA.GOV

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State of Connecticut Department of LaborDivision of Occupational Safety & Health

NOTICE TO EMPLOYEES OF INFORMAL CONFERENCEAn informal conference has been scheduled with OSHA to discuss the citation(s) issued on05/20/2011. The conference will be held at the OSHA office located at Division of

Occupational Safety & Health, 38 Wolcott Hill Road, Wethersfield, CT, 06109 on_____ at ______ Employees andlor representatives of employees have aright to attend an informal conference,

Citation and Notification of Penalty Page 4 of 5 CTOSHA-2(Rev.2/96)

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State of ConnecticntDepartment of Labor Inspection Number: 310790373InspectionDates:03/1612011-03/18/2011Division of Occupational Safety and Health Issuance Date: OS/2012011Citation and Notification of PenaltyFacility:Inspection Site:

Killingworth Volunteer Fire Company333 Route 81, Killingworth, CT 06419

Citation 1 Item 1 Type of Violation: Serious31-372-1011910. 120(c)(2): A preliminary evaluation of the site's characteristics was not performed prior to site entry by aqualified person to aid in the selection of appropriate employee protection methods prior to entry:Location:

(A) In front of 264 North Parker Hill Road, Killingworth, Connecticut(1) On January 16, 2011 a preliminary evaluation of the site's characteristics was notperformed prior to site entry by a qualified person to aid in the selection ofappropriate employee protection methods prior to entry.

Date By Which Violation Must be Abated: 06/20/2011Proposed Penalty: $ 420.00

Kenneth C. Tucker IIIProgram Manager

See pages 1 through 4 of this Citation and Notification of Penalty for infonnation on employer and employee rights and responsibilities.Citation and Notification of Penalty Page 5 of 5 OSHA-2 (Rev. 9/93)