Investigation Report

Date of Occurrence: 11/09/08 (Sunday)

Date Reported to Human Resources: 11/10/08 (Monday)

Location: Anaheim Pro-Pipe (63)

Employees: Chevy Reyes (driver) (Attachment A), Armando Gutierrez (Attachment B)

Witnesses: Ruben Medina (Attachment C), no other employees present

Supervisor on Duty: Steve Powers (Attachment D)

Injury Severity: Minor, no treatment necessary

While backing a vactor truck out of the warehouse, Chevy had a near collision with Armando who was
on foot. A shouting match broke out between the two, ending with several punches being thrown
until they were separated. A supervisor arrived on scene approximately 45 minutes after the
situation, and initially sent both employees home for the day until HR could get involved. No major
injuries, just bruises and a cut on Chevy’s hand, which he declined medical treatment for. No damage
was evident to the equipment or facility.

Ruben Medina was across the warehouse and witnessed the confrontation after he heard shouting,
but did not witness the initial incident.

Both employees are suspended from work until further notice.

Report Prepared 11/11/09 1 of 6

 Investigation Findings

Armando has several write-ups and verbal warnings for interaction issues before, primarily how he
treats other employees. This is his first significant discipline issue though. His attendance has also
been spotty in the past. He worked for Steve for the last 5 years, and worked for Dean in Arizona Pro-
Pipe a year before that.

Chevy has a clean employment file. He has worked for us three years with perfect attendance. Randy
praised him in the safety file from June. Chevy does have four driver alerts in the past two years, all
speed related on the freeway. He also has 2 points for a ticket in his personal vehicle last June.

Security camera footage does show Armando moving behind the vactor while the vehicle was already
turned on, but the angle of the camera makes it impossible to determine how close the vehicle came
to Armando. It is also impossible to see what happened after Chevy exited the vehicle and moved
behind the vactor.

Based off the angle of the truck and the direction Armando was walking, we may want to put a second
reflecting mirror up on the wall in the corner. It covers most of the floor, but there is a bit of a blind
spot. I can’t tell if Armando would have actually been in or crossed through that blind spot though.

I do think this accident/incident could have been entirely avoided if they both would have been more
careful, especially Chevy as the operator of the large vehicle.

Recommendations:

Disciplinary action for Armando. I recommend we make his suspend a full week and counsel him on
further violence in the work place, and go over the guidelines for employee interaction, in particular
keeping your hands to yourself. Based off Steve’s comments and his record, I do not think we need to
terminate him, but I do not think this will be the last incident we have with him either. I would also
recommend we schedule Armando for Randy’s next safety class in the branch, just to make sure he
knows what to watch for on the warehouse floor, and so that he walks in front of the truck next time
instead of behind it.

With Chevy, we do not have a clear answer to whether or not he did nearly hit Armando. I would
recommend a three day suspension for fighting, ending on Wednesday, and some general counseling
on why that is not appropriate, even if he did not start the situation. I also think we need to remind
him to always be aware of his surroundings in the warehouse, but nothing more explicit than that.

Report Prepared 11/11/09 1 of 6

 Attachment A

Interview Conducted: 11/11/08 at 8:20 PM, Pro-Pipe Conference room

Attendees: Chevy Reyes, Steve Powers, Ken Lipinski

1. Tell me what happened in your own words.

“I did what I was supposed to. I checked opened the warehouse doors, checked behind me, then
started the vehicle. I followed all the safety stuff from Randy’s class (completed 07/04/08
specifically). As I pulled out, someone banged on the back of the vactor and I stopped.

I went to see what the noise was and Armando pushed me and called me (female dog). I walked away
and he pushed me again. I hit the back rail of the truck and cut my hand, so I punched him back.
Ruben separated us, then Steve sent me home.”

2. Did you follow all proper safety procedures in moving the vehicle?

Yes

3. Were there any existing issues between you and Armando?

According to Chevy, he and Armando have no previous incident history. They did not usually work
together, nor did Chevy know Armando very well. Chevy said that he knew “Armando’s a hothead;
everyone in the shop knows that.”

4. Is everything on this page an accurate summary of what you just said?

Yes

5. Any other comments?

I shouldn’t have punched him, but I was angry he pushed me and was insulting.

(Employee Signature & Date)

(My Signature & Date)

Report Prepared 11/11/09 1 of 6

 Attachment B

Interview Conducted: 11/10/08 at 12:30 PM, Pro-Pipe Conference room

Attendees: Armando Gutierrez, Steve Powers, Ken Lipinski

1. Tell me what happened in your own words.

“Chevy was stupid and nearly ran me over with his truck. He didn’t look behind him or hear me when
I shouted that I was moving a bio-rooter drum. I looked right at him. Only when I banged on the
truck did he stop. He wouldn’t apologize. So I pushed him. Then he decked me. I got him good a few
times though. He nearly hit me, he didn’t apologize, and then he punched me.”

2. Did you see Chevy follow all proper safety procedures in moving the vehicle?

He didn’t look behind him when he started backing the truck up. I was in right there. He was in a
hurry.

3. Did you follow proper safety moving the drum across the warehouse?

Yeah

4. Were there any existing issues between you and Armando?

No, he’s quiet and doesn’t really talk to the rest of us.

5. Is everything on this page an accurate summary of what you just said?

Yes

6. Any other comments?

No

(Employee Signature & Date)

(My Signature & Date)

Report Prepared 11/11/09 1 of 6

 Attachment C

Interview Conducted: 11/10/08 at 9:30 AM, Pro-Pipe Conference room

Attendees: Ruben Medina, Ken Lipinski

1. Tell me what happened in your own words.

I didn’t see Chevy move the truck. But I did see Armando push him, and then Chevy hit him back. I
put down the machine I was working on and went to stop them.

2. Are you aware of any existing issues between Chevy and Armando?

No

1. Is everything on this page an accurate summary of what you just said?

Yes

3. Any other comments?

Chevy drives like he’s in a big hurry all the time, he tears out of the parking lot every day.

(Employee Signature & Date)

(My Signature & Date)

Report Prepared 11/11/09 1 of 6

 Attachment D

Interview Conducted: 11/10/08 at 8:30 AM, Steve’s office

Attendees: Steve Powers, Ken Lipinski

1. Tell me when you got involved and what happened when you arrived?

I got there about an hour after the fight. Ruben stopped Chevy and Armando from fighting.
Supposedly Chevy nearly hit Armando with a vactor.

2. Are you aware of any existing issues between Chevy and Armando?

No

3. What is your impression of Chevy?

Chevy is a good hard worker. He’s quiet and does his job without complaint. He has a lead foot and
has had three driver’s alerts in the past few months though. He was probably careless.

4. What is your impression of Armando?

Armando has had issues with a couple other employees and got into a shouting match with JB a few
months ago. He’s also argued with me about having to redo jobs before. He’s a good worker though
and I don’t want to lose him.

5. Is everything on this page an accurate summary of what you just said?

Yes

6. Any other comments?

No

(Employee Signature & Date)

(My Signature & Date)

Report Prepared 11/11/09 1 of 6

Impression on Exhibit A:

Chevy knows he screwed up, but I’m not sure if that’s because he thinks he almost hit Armando, or
because he punched him. He was defensive during the interview, and looked to Steve for support a
lot. I don’t think he rehearsed his answers though. He was very concerned with getting back to work
immediately as he needs the money.

Impression on Exhibit B:

Armando came into the interview in a bad mood. He did not come across contrite or like he thought
he did anything wrong. He was eager to get back to work and claimed that he didn’t do anything
wrong. He was vague on details of the situation up until the physical altercation. Until I prompted
him about whether or not he followed safety procedures moving around the vehicle, I don’t think he
had consciously considered good safety.

Impressions on Exhibit C:

Ruben has a solid employment history and seems like an ideal witness. He has no strong connection
to either Chevy or Armando as far as I can determine.

Impressions on Exhibit D:

Steve’s primary concern is losing either or both of these employees. I am a bit surprised he is not
more concerned with the fact they were fighting, but it was a relatively minor incident otherwise.