EXHIBIT B


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Standard Cited:19260021 802 Safety training and education.

This violation item has been deleted.

Violation Items

Nr: 312908791 Gitation: 01001 Issuance: 03/25/2009 ReportingID: 0134000
Viol Type: Serious Nrinstances: 1
Abatement Date: 03/31/2009 Nr Exposed: 1
Initial Penalty: 3500.00 REC: A :
Current Penalty: Gravity: 10 Haz Category:

Penalty and Failure to Abate Event History

[Type Event Date Penalty [abatement] Type FTA Insp
Penalty|: ALI Decision 11/20/2009] [03/31/2009] Serious
Penalty|2: Issued [o3/25/2009|3500.00_ [03/31/2009] Serious

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U.S, Department of Labor | Occupational Safety & Health Adminstration | 200 Constution Ave., NW, Washington, DC 20210
“Telephone: 800-321-O5HA (6742) | TTY: 877-889:5627

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http://63.234.227.130/pls/imis/establishment. violation_detail?id=3 12908791 &citation_ id... 10/28/2010


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Inspection: 312908791 - Salem Glass Company

Inspection Information - Office: North Boston
Nr: 312908791 Report 1D:0134000 Open Date: 10/10/2008

[Salem Glass Company
35 Gatehouse Drive
Waltham, MA 02451 Union Status: Union

ISIC: 1793/Glass and Glazing Work
NAICS: 238150/Glass and Glazing Contractors
Mailing: 1 Technology Way, Salem, MA 01970

Inspection Type: Unprog Rel

Scope: Partial Advanced Notice: N
Ownership: Private
Safety/Health: Health lose Conference: 03/12/2009
Emphasis: L:Fall Close Case: 02/26/2010
Optional Information: Type ID Value
N 1 312626013
Related Activity: Type ID Safety Health
Inspection 312626013
Violation Summary
[Serious] WilifullRepeat]Other|Unclass] Total
Initial Violations] 2] 2
[Current Violations|
initial Penalty| 7000] [7009]
Current Penalty|
FTA Amount]

Violation Items

# ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest —_LastEvent
Deleted 1. 01002 Serious 19260021 B02 03/25/2009 03/31/2009 $0 $3500 $0 04/17/2009 J - ALI Decision
Deleted 2, 01002 Serious 19260453 802 1 03/25/2009 03/31/2009 $0 $3500 _ $0 04/17/2009 J - ALI Decision

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US. Department of Labor | Occupational Safety & Health Adminstration | 200 Constitution Ave, NW, Washington, OC 20210
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http://63.234.227.130/pls/imis/establishment.inspection_detail?id=3 12908791 10/28/2010


UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

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SECRETARY OF LABOR, United States
Department of Labor,

Complainant,

SALEM GLASS COMPANY,

Respondent.

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DOCKET NO. 09-0643
REGION I

INSPECTION NO, 312908791

WITHDRAWAL OF CITATION AND COMPLAINT

Now comes the Complainant, Secretary of Labor, United States Department of Labor,

and hereby withdiaws Serious Citation 1, Items 1 and 2 and their penalties along with her

Complaint which is the subject of the above captioned case.

Carol A. DeDeo
puty Solicitor for National Operations
oN

‘,

Michel D. Félsen

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Ralph R. Minichiello
Attorney

October 7, 2009

U.S. Department of Labor
Attorneys for Complainant

Post Office Address

U.S. Department of Labor

Office of the Regional Solicitor
JFK Federal Building —- Room E-375
Boston, Massachusetts 02203


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Standard Cited:19260453 802 I Aerial lifts.

This violation item has been deleted.

Violation Items

Nr: 312908791 Citation: 01002 Issuance: 03/25/2009 ReportingID: 0134000

Viol Type: Serious NeInstances: 1 Contest Date: 04/17/2009

Abatement Date: 03/31/2009 Nr Exposed: 1 Final Order: 11/20/2009
Initial Penalty: 3500.00 REC: A Emphasis:
Current Penalty: Gravity: 10 Haz Category:

Penalty and Failure to Abate Event History

[Type Event Date | Penalty [abatement] Type FTA Insp
Penalty[): ALJ Decision 11/20/2009] [03/31/2009] Serious
Penalty|2: Issued [o3/25/2009]3500.00_ [03/31/2005] Serious

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U.S. Departinent of Labor | Occupational Safety & Health Adminstration | 200 Constitution Ave., NW, Washington, OC 20210
Telephone: 800-321-OSHA (6742) | TTY: 877-889:5627

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http://63.234.227.130/pls/imis/establishment.violation_detail?id=3 12908791 &citation_ id... 10/28/2010


Representing Management Exclusively in Workplace Law and Related Litigation

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Attorneys at Law To! 703 483-8300 BOSTON, MA OMAHA, NE SACRAMENTO, CA
Fax 703 483-8301 CHICAGO, IL LAS VEGAS, NV ORANGE COUNTY, CA SAN DIEGO, CA.
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My DirECT DIAL IS: 703.483.8316
My EMAIL ADDRESS IS: HAMMOCKB@JACKSONLEWIS.COM
November 2, 2010

VIA ELECTRONIC MAIL

John D. Smith

Occupational Safety and Health Administration
Frances Perkins Building

200 Constitution Ave., NW

Washington, DC 20210

Re: — Information Correction Request for Salem Glass Company

Dear Mr. Smith:

On behalf of Salem Glass Company (Salem), I respectfully submit this Information
Correction Request. Salem requests that the detail for Inspection 312908791 on OSHA’s IMIS.
system be corrected to indicate that the last event in the inspection was “W-Withdrawn,” as
opposed to “ALJ Decision,” which is currently listed on the system.' Salem’s reasons for this
request follow.

Inspection 312908791 — Salem Glass Company, attached as Exhibit A, reflects an
investigation initiated by OSHA in October 2008. OSHA issued two citation items against
Salem at the conclusion of that inspection, which Salem contested. As a result of discussions
with Department of Labor officials regarding the case, DOL withdrew all citation items issued,
as reflected in the “Withdrawal of Citation and Complaint” (attached as Exhibit B).

DOL filed the withdrawal with the Occupational Safety and Health Review Commission
(Commission), as per Commission procedures. Administrative Law Judge Bober approved the
settlement. However, Judge Bober issued no “decision” in the case and certainly did not rule on
the merits of the citation items. Judge Bober’s approval of the withdrawal was simply a
procedural formality, given the timing of DOL’s action. Indicating that this case was resolved
by an ALJ Decision is thus incorrect and misleading to the public. It suggests that a decision on
the merits of the case was made by an ALJ, after a hearing on the matter. That did not occur in
this case as DOL withdrew all citations.

' Salem submitted an earlier information correction request related to this inspection, asserting that the prior version
of the IMIS Inspection Detail showing the last event as “F-Formal Settlement” was incorrect. Apparently, OSHA

agreed with Salem’s assertion; however, for the reasons set forth in this letter, OSHA has still not accurately
recorded the last event.


EXHIBIT C


John D. Smith
November 2, 2010
Page 2

Salem respectfully states that the correct annotation for the final event is in fact the one
that occurred: DOL withdrew the citation items. To accurately reflect this last event, Salem
requests that the last event be changed to “W-Withdrawn.” Salem requests that this change be
made in the main entry (Exhibit A), as well as in the violation item details, shown in Exhibit C.

Thank you for your consideration of this request. Please do not hesitate to contact me
with any questions.

Sincerely,
JACKSON LEWIS LLP

Bradfold T. Hammock

ce Jim Miller

Enclosures

4818-6752-7431, v. 1


EXHIBIT A