Document 4JNBpY6zw825oXYQ2dD2qa5QN

MINNESOTA D* PA.-ll'-UNt Of LA80R AN~ Occupatwnat Safety end Halth Oi*"- ri. 444 Lafayette Road St. Paul. Mn. 55101 ISTRY `Bern L ;78 L j 15147866 I to:Mr. Don Nyrold, Plant Manager j I Construction Prod. Div. (Zonolite) j 'SEND PROGRESS REPORTS TO: . W. R. Urace Company j 1720 Madison Street N. E. department cf lAfw? ano industrv I Minneapolis, MN 55^13 ofr.tip.i: ,-r;; '-------------------------------------------------------------- .-vision '1. PAUL. I.: .i\,-;,OTA ;.-5J01 Subject: Citation(s) for Alleged Occupational Safety and Health VioUtion(i) Aii impection of a place of employment under your operation, ownership or control has revealed conditions which we bcliv.e do not comply with the provisions of the Minnesota Occupational Safety and Health Act of 1973. The nature of such alleged violation**) is described in the enclosed citation(s) with reference to applicable standards, rules, regulations.and provisions of the said Act. TJ.cse conditions must.be corrected on or before the date shown on the right of each alleged violation therein. Also, you ate hereby notified whether or not penalty(tcs) are proposed as a result of the cited violation(s). The Act requires that a copy of the enclosed citatiori(s) and proposed penalty(t) be prominently posted at or near each place a violation referred to in the citation occurred. It must be posted Immediately upon receipt and must remain posted until all violations <iu-J (herein are corrected, or fur IS days, whichever period is longer. A sufficient number of copies of the attached citation^*) and proposed penalty(ies) should be prepared to permit ppsting in accordance with the requirements of the Act. The Act provides for penalties for violation of the posting requirements. ` You have the right to contest any or all parts of either the citation(s) or the proposed pcnalty(ies) of both before the Occupational Safety and Health Review Board. The Review Board is an independent quast-judicial agency with authority to issue decisions regarding citatiun(s) or proposed penaity(ies). If you wish to contest, you must submit a letter to the Deputy Commissioner at the address shown above within IS working days** after receipt of this certified mail notice. If you choose not to contest the ciutur. ami proposed penalty(ics), they shall be deemed to be a final order of the Review Board and not subject to review by any iut *r ncy. If you require clarification concerning any results of the inspection.(abatement dates, citations, penalties, etc.) please direct your correspondence to the Director of the Occupational Safety and Health Division. A request for such clarification cannot extend :!e 15 working day period allowed for filing a notice of contestation. If an employer contests the citation, the abatement period specified therein does not begin to run until the dale of (he P.aiJ*s fmal order in the case PROVIDED the employer initiated his contest in good faith and not solely for delay or avoidance >>f pnulurs. An employee or representative of cmplo)ecs may file a notice (letter) to contest the citation(s), the type of alleged vioLtl*. . the ptuposed pcnalty(tcs), or the reasonableness of the time stated in the citaiion(s) for the abatement of the alleged violation's). Alleged violations that are not contested shall be corrected within the abatement period specified in the citation. A f.K .-.vup inspection may be made for the purpose of ascertaining that the employer has posted the eifation(s) as required by the A:t and corrected the alleged violations. Failure to correct an alleged violation within the abatement period may result in further proposed penalties for each day the alleged notation has not been corrected. Correction of alleged violations which have an abatement period of 30 days or less shall be reported in writing 10 the Director no later than the latest abatement date (of 30 days or less) for all such violations. Reports of corrections should show specific corrective ac::on on each such alleged violation and the dale of such action. On alleged violations having an. abatement date of more than 30 da vs, a written progress report shall be submitted each 30 days. The progress report should detail what has been done, what remains to be done, and the time needed to fully abate each such violation. When the alleged violation is fully abated, the Director shall be so advised. . . . `The Act provides .that wkoeyet knowlingly gives false information is subject to a fine up to 110,000, imprb<>nmcM up to 6 months, or both. . If you wish additional information, you may direct such request to the undersigned at the address listed above or the Area Office listed in the upper right*hand corner of this cover letter. 'Progress reports are to be sent to the Area Office listed in the upper right-hand cornrr of this cover Inter. 'Under the Minnesota Occupational Safety and Health Act of 1973, the term "Working Dy" means Mondays through Frii-:but does nor include Saturdays, Sundays, or State Holidays as defined in Minnesota Statutes Sec. 64S.44. MINNESOTA DEPART!. JTOF LABOR AND INDUSTRY STATION " Occupational Safely and Health Division r 1/Deputy Commiuioner Department of Labor and ';;d444 Lafayette Road L_ St. Paul. Minnesota 55101 n _i Pros T- Mr. Don Nyvold, Plant-Manager Construction Products Division W.R. Grace Company ' 1720 Madison Street N.E. Minneapolis, Minnesota . 55413 3. Citation Number. 4. Page. `Bern REGION . of 5.. I'OM-.I I NO. It: v J009 -------- 1 2 . TYPE OF ALLEGED VlOLATlONrSl: SeriQUS_______________________________________ An iiupeetion wu muW on 7. February 15 and May 4, 1978__________ employment located at: 8. 17*20 Madison Street N,E., Minneapolis > follow V. Manufacture and distribute insulation products 1514786 8 _of a place of and deicribed )n the basis of the inspection it ia alleged that you have violated the Minnetoia Occupational Safety and Health Act of 1973 io the following eapecta: 1. ' 0. u. lum Standard, refutation ,s of tertian oiihc Act IVRW allegedly violated 12. Description of alleged violation 13. Date by which alleged. violatioo. imiii be coficc ted 1 1910.1001(g)(2) Caution labels were not affixed to all raw 9/21/7B materials, mixtures, scrap, waste, debris, or other products containing asbestos fibers, or to their containers, which during any reasonabl r forseeable use, handling, storage, disposal, processing, or transportation could release airborne concentrations of asbestos fibers exceeding prescribed exposure limits. Bags of Zonolite, Monokote, and other exfoliated ore products did not have a label which reads: CAUTION CONTAINS ASBESTOS FIBERS AVOID CREATING DUST BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM Such a label shall be printed in letters of sufficent size and contrast as to be readily visible and legible. The Ftw rexpiries tfcst a copy of this citation shall be promptly posted al or near each plat e that an alleged t iolalion referred to in thecitation occurred. The citation musl remain posted until all alleged violations cited therein are corrected, or for KT days, whichever period is longer. RIGHTS OF EMPLOYEES Any employee or representative of employees who wishes to contest the citations, the type of violation or the proposed penalty, or who believes thal any period of time fixed in this citation for the correction of a violation is unreasonable has the right to contest any or all of these matters by submitting a letter to the Deputy Commissioner of the Department of Labor and Industry at the address shown above within 15 working davs* of the issuance of this citation. . "No' employee shall be.discharged or in any way discriminated against because such employee has fired any complaint or instituted or caused to be instituted any proceeding or inspection under or rdaled lo this Art or has testified e* ia atamt to testify in any such proceeding or because of the exercise bv such employee on behalf of himsrff or other* of any right afforded by this Act." Section 5, subd. 9 of the Minnesota Occupational Saferv and Health Act of 1973. ' 'Undo ik Minnesota Occupational Safety and Health Act, the term "Wotkmg Dsy" mransMondeyi through Fridaysbut doeanot include Saturdays, Sundays or Fecddeerratl Holiddaij>ys""^ ' . /I - - 14. Director's Signature Issuance Dale 19^. . (NOTICE: Additional Important Inlormation on Reverti . -- /"tCWPl ? t 7ti MINNESOTA OEFARTtV ,TOF LABOR AND INOUSTH Y STATION Occupational Safety and Health Diviaion ri; Deputy Commissioner Deptrtment of Lbor and Industry 444 Lafayette Road . St. Paul, Minnesota 55101 u n _i Pro; Mr. Don Nyvold, Plant Manager i 2. Construction Products Division I W.R. Grace Company I 1720 Madison Street N.E. I Minneapolis. Minnesota 55413 | 3. Citation Number. I 1 ^ge_____1_____ I [osMi Bern RECKON IjHp t NO *.Y 009 ;8 , of 5. .^2__ ___________ ______ 15X47869 TYPE OF ALLEGED VIOLATION(S): _______S__e__r_io_u_s_____________ An inspection waa made on 7.^__February 15 4nd May__ 1978 employment located tu i. 1720 Madison Street N.E., Minneapolis as follow*-. . Manufacture and distribute insulation products. f k pLdcr of *nd Iocr:bed n the basis of the inspection it is alleged that you have violated the Minnesota Occupational Safety and Health Act of 1973 in the following spccts: i rrr lirm ittlfhW* 1r Standard, regulation or section of the Act JUgedljr violated u- Description of alleged violation 13. Pate V> alleged vn^ation mutt be (Oftrcird 2 1910.1001(g)(1) Asbestos caution signs were not provided and displayed at all`locations where airborne levels of asbestos fibers may be in excess of prescribed limits. The Zonolite bagging floor and Monokote bagging floor had no caution signs. 8/16/78 3 1910.1001(h)(2) Asbestos waste, scrap, or debris consigned for 9/21/78 disposal, which may produce airborne levels of asbestos fibers in excess of prescribed limits was not collected and disposed of in sealed impermeable bags or other closed, impermeable containers. Specifically the clinker wheelbarrow is dumped into a pile outside the building and must be collected in sealed impermeable bags or other closed containers. The law requires that a copy of this citation shall be promptly posted at or near carh plar c that an allescd v iolal ion referred to in the citation occurred. The citation must remain posted until all alleged violation* riled therein are corrected, or foe 15- day*, whichever period is longer. : RIGHTS OF EMPLOYEES Any employee or representative of employees who wishes lo contest the citations, the Iv pc of violation or the. proposed penalty, or who believes that any period of time fixed in this citation for the correction of a violation is unreasonable has the right to contest any or all of these matters by submitting a letter to the Deputy Commissioner of the Department of Labor and Industry at the address shown above within 15 working days* of the'issuanre of this citation. "Ho employee'shall be.discharged or in any wav discriminated against because such employee .has filed any complaint or instituted or caused to be instiluted any proceeding or inspection under or rrlaled lo this Act or has testified- or is about to testify in any such proceeding or because o'f (he exerceise by such employee on lM>cilaial!f of himself or other? Of *ny right afforded by tnis Act." Section 5, subd. 9 of the Minnesot ta O~ ccupat.io..n..a..l..S...a.f.etv and' feaftft/lcto<1373. *lldtt the Minntanaa Occupational Safety and Health Act, the term "Working Day" meant Mondays through Fridays I [ dert not \ include Saturdays, Sundays or Fetje^l Holidays /I /l I' > 14. Director** Signature.. fsauanre Date. fICE: Additional Important Information on Reverse ! form OSH0-2 <* Ml MINNESOTA DEPAH f M E N1 OP LAOOft AMD 1* Occupation** Safaty at*d Haatih Division n. TRY " Deputy Commissioner . Department of Labor and Industry 444 Lafayette Road St. Paul, Minnesota 55101 asm Bern REGiOh--- C^MO 1 MV 009 L___________________________________________ i T0: Mr. Don Nyrold, Plant Manager i J z' Construction Prod. Div. (Zonolite) [ i V. R. Grace Company t ] 1720 Madison Street N. E. [ ^ Minneapolis, MN 55^13 > J-^ July ^ ^yg 4*`e ' pir 1 nf 1 _l 15147867 NOTIFICATION OF PROPOSED PENALTY Yea are hereby notified ofthe proposed penalties for citations of violations as indicated Mae. Yea have the right to contest any or all parts fcither the citation(s) 01 the proposed penalty(iea) or both btfott the Occupational Safety and Health Renew Board. The Rcvirw Board a an independent quasi-judicial agency with authority to issue decisions tegarding citation(t) end proposed pcnalty(m). If you wok in contra, yoo mum submit a letter to the Deputy Commissioner at the address shown above within 1$ working days* after receipt of the certified mail notice reprding prnjity(ies). If you choose not to contest the citation and pcnslty(iet) aa proposed, they shall be deemed to be a final order of the Review Board and shall not be subject to review by any court or agency. Payment of all penalties shown is to be made by check or money order payable to the order of ''Minnesota Department of Labor and Industry Payment of penalties should be remitted to the Commissioner at the addicts shown above. (MS. 182.666), subdivision 7 of the Act states: "Pines imposed under this act shall be paid to the Commissioner fov'drposit in the general fund and may be recovered in a civil action in the name of the department brought in the district court of the county where the violation is alleged to have occurred or the district court where the Commissioner has an office." * * The law requires that a copy of this proposed penalty shall be promptly potted at nr near each place that an alleged violation referred to in the ma tron occurred. The proposed penalty must remain posted until all atteged violations cited therein are corrected, or for 15 days, whichever period is lnngef. , S. -uL* On the -/^f- *t of _ of rise Minnesota Occupetionaft&afety indy of the Act, as specified in thayciiaiion(s). '.UX-. a citationfs) was issued to you m accordance with the provisions of (M.S, 182.658) alth Act of 1973 hereinafter referred to as the Act. You were thus notified of certain allrged violations YOU ARE HEREBY NOTIFIED that purTiunt to the provisions of (M.S. S 182.661), subdivision ] of the Act, the penalty(ict) set forth b!w is are being proposed, bated on the <tatton(s). 6. 6a. Citation No, 1 1 1 SERIOUS 6b. Item No. i 2 3 VIOLATIONS 6c. ii{f.ocr"' $60.00 $60.00 7. 7a. Citation No. 7b. Item No. VIOLATIONS 7c. Proposed Penalty 1