Three things need a decision this week

Each page gives the background first, then the options. Decisions made on the call are saved on the tag at the right of each page and collected on the last page.

TopicWhat has to be decidedLatest date
CamerasBays 6 and 7 have had no recording since October 7. How and by whom recording comes back.Before Oct 19
Night shiftTwo first responders, the crew list, and who is in charge on site at night.First responders today
CitationAppeal and negotiate, or pay. Legal budget and who joins the call with counsel.Oct 16 and Oct 23

Bays 6 and 7 have no camera recording

The Bay Alarm camera service ended on October 7 and will not be restored. The Hikvision system is not recording yet.

How we got here

  1. July 23We decided to transfer only the burglar alarm to MSS ($88 a month) and not keep the Bay Alarm camera agreement ($360 a month), because we are moving to our own Hikvision recorder.
  2. October 2We asked Bay Alarm to confirm in writing that MSS has no obligation under the camera agreement, and that recovering the equipment is between Bay Alarm and Yatai. No written answer on the equipment yet.
  3. October 7The camera service stopped. Yatai's account had been cancelled, so Bay Alarm marked the system as inactive. EHS and Virgil were not told in advance.
  4. October 7, 1:16 pmConfirmed that the system will not be restored under Bay Alarm.

Three ways to get recording back

The cameras on the wall belong to Bay Alarm. We own the Hikvision recorder: it is running, has a new drive since September 15, and IT is opening up remote viewing.

OptionWhat it takesWatch out for
A. Our own camerasBuy cameras and connect them to our recorder. IT can help set them up.Lead time, and who installs. We need this long-term anyway.
B. Bay Alarm loginBay Alarm gives us the camera login and we add their cameras to our recorder. Site visit, likely a fee.The cameras stay Bay Alarm property.
C. Factory resetReset each camera by hand, then add it to our recorder.Bay Alarm's property. Get their written OK first.
Still waiting on Bay Alarm, in writing Do they want the cameras back, and who removes them and the cabling? Asked October 2, no answer yet.

Night shift starts Monday, October 19

2:30 pm to 11:30 pm. Nothing is in writing yet. These are the pieces that have to be settled before the first night.

ItemWhy now
Two first respondersTraining is $200 per person. Names are needed today to book a class before October 19.
Crew list and scheduleWho works nights, and from which date.
Person in charge at nightWho leads on site, and who gets called first if someone is hurt.
Overtime and clock rulesWho approves overtime on nights, and how punches are counted across two shifts.
Keys and closingWho opens, who locks up, and who is last out.

What Virgil will set up once the list is ready

  • Breakroom board and plant bells extended to 11:30 pm.
  • Timecard and overtime checks for two shifts.
  • Pre-shift safety briefing at 2:30 pm, same as the 7:30 am one.

The citation: three items, $20,200

Issued October 2 for the May 1 incident on Line 1. Paper copy arrived October 6. No willful item, and machine guarding was not cited. All three are marked corrected during the inspection.

Citation 2, Item 1. Lockout/tagout, classed Serious Accident Related$14,400 Citation 1, Item 1. Serious injury reported late$5,000 Citation 1, Item 2. Annual review of lockout procedures$800 Total proposed$20,200

Counsel's plan (Mitch)

File the appeal, request Cal/OSHA's inspection file, and ask for a settlement conference, all at once, so we see their evidence before negotiating.

Pay, or appeal and negotiate

Figures are estimates, not quotes. Fines are not tax-deductible; legal fees normally are, so each legal dollar costs roughly 70 cents after tax if we are profitable this year.

PathCostWhat we get
Pay now$20,200, not deductibleClosed quickly. "Serious Accident Related" stays on the public record.
Appeal and settleAbout $3,500 to $6,000 in legal fees, Mitch only, remoteAim to withdraw Citation 1 ($5,800) and reduce or reclassify Citation 2. Possible saving around $5,000 to $9,000.
Full hearingLikely tens of thousandsOnly if settlement fails and the classification is critical.

How we keep the bill down

  • We prepare the evidence, timeline and summary; counsel reviews and negotiates.
  • Mitch handles it alone, remotely. Written cap up front, notice before any overrun.

What we decided

Filled in from the tags. Anything in red is still open. Virgil sends this as the follow-up email today.