Document 71R5XZKgqbRe5VyyDVpzK9kNg

' 1 \t tL July 12, 1977 Mr. Melvin Page Area Director Occupational Safety and Health Administration Suite 4256 600 Arch Street Philadelphia, Pennsylvania 19106 NL Industries, Inc. Industrial Chemicals Division Philadelphia Plant Dear Mr. Page: As you know, since my letter of June 16, 1977, the above plant has been subject to another exhaustive inspection by a representative of your staff. Although the issue for decision is whether ML is to be accorded further time to complete its comprehensive abatement program under the December 22, 1975 OSHA citation, extensive information was again sought on a substantial number of varied matters including plant processes. Although NL has detailed the various factors that bear upon the decision under OSHA regulations, the latest visit adds to those numerous plant visits which have already occurred during the three consecutive time extensions sought by OSHA since NL filed its petition last March. NL has made every effort to cooperate during these numerous visits and to provide the various data which the inspectors feel they ought to have. The Only exception has involved blood lead data which is not required by regulations. Since there has been no objection from the employee's representative and NL hits been following its comprehensive program in good faith, we are puzzled by the Agency's delay and conduct of this matter. NL Industries, lne./Office of General Counsel 1230 Avenue of the Americas. New York. N Y. 10020 ^ 27302 _________ NL 000041372 Mr. Melvin Page July 12, 1977 Page Two During the latest visit, after reviewing various areas already viewed, the inspector requested to meet privately with our employees. NL cooperated although we are entitled to have a representative at such a meeting. We are particularly distressed to learn that during this meeting, the inspector circulated a de tailed questionnaire to the employees which called for substantial amounts of information about management practices, management statements, employee habits, medical examinations and specific blood lead informa tion. Since the Agency was already informed of NL's corporate policy regarding dissemination of the blood lead data, this action to circumvent that policy without management's knowledge was unfair. Plant management was misled into acquiescing to the inspec tor's request since no representation was ever made about the existence of the questionnaire, the intent to use it, or the fact that blood lead data would be elicited from the employees. These developments are not only incompatible with anyone's sense of fair play, they are not conducive to good faith cooperation in the achievement of the important task of continued health and safety protec tion in the work place. The requested abatement extension has the support of our employees and we respectfully request that OSHA expedite its approval without further digression. Counsel - Goveirhmental Affairs JES:sp be: T. Anderson D. W. Hurley J. L. Jacobs J. W. Roper ML 000041373