Document BvZpRVbdr6XjLa4Dyg6dY6g8J

PK/SWS UNITED STATES OF AMERICA OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RAY MARSHALL, SECRETARY OF LABOR, U. S. DEPARTMENT OF LABOR, Complainant, * vs. MONSANTO COMPANY, W. G. KRUMMRICH PLANT, Respondent. ) ) ) ) j ) ) ) ) ) ) OSHRC Docket No. 79-3460 RESPONDENT'S RESPONSES TO COMPLAINANT'S REQUESTS FOR ADMISSIONS * * (FIRST SET) COMES NOW, Respondent, Monsanto Company, W. G. Krummrich Plant, a'corporation, pursuant to the Discovery Schedule entered into between the parties, and for its answers to Complainant's Requests for Admissions (First Set), heretofore submitted to Respondent, states as follows: 1. Respondent admits Complainant's Request for Admission No. 1. 2. Respondent admits Complainant's Request for Admission No. 2. 3. Respondent admits Complainant's Request for Admission No. 3. 4. Respondent admits Complainant's Request for Admission No. 4. 5. -Respondent admits that on the date of the inspection referred to in its Request for Admission No. I, that it employed approximately 1,400 employees throughout the entire facility. 6. Respondent admits Complainant's Request for Admission No. 6 (a) and thus No. 6 (b) and 6 (c) are inapplicable. CONFIDENTI A.L-1SUBJECT TO PROTECTIVE ORDER. C17 7. (a) Respondent denies Complainant's Request for Admission No. 7 (a). 7. (b) Respondent admits Complainant's Request for Admission No. 7 (b). 7. (c) Respondent denies Complainant's Request for Admission No. 7 (c). 8. (a) Respondent denies Complainant's Request for Admission .No. 8 (a). 8. (b) Respondent denies Complainant's Request for Admission No. 8 (b). 9. Respondent, admits Complainant's Request for Admission No. 9. 10. Respondent denies Complainant's Request for Admission Mo. 10. 1!. Respondent denies Complainant's Request for Admission No. 11 in the form stated, because dioxin refers to a broad class of compounds estimated to exceed 10,000 in number. 12. Respondent denies Complainant's Request for Admission No. 12. 13. (a) Respondent denies Complainant's Request for Admission No. 13 (a).. 13. (b) Respondent denies Complainant's Request for Admission No. 13 (b). 14. Respondent denies Complainant's Request for Admission No. 14. 15. Respondent denies Complainant's Request for Admission No. 15. SUBJECT TO PROTECTIVE ORDER. -2- 017 '16. (a) Respondent admits that it has analyzed samples of pentachlorophenol and its intermediates forthe presence of dioxin. ` 16. (b) Respondent admits that ithas analyzed samples of pentachlorophenol and its intermediates for the presence of dioxin. 7. Respondent is unable-to admit or deny Complainant's Request for Admission-No. 17*;-stating1'there are techniques which have been found Useful for measuring similar types of chemicals in the air, and therefore, denies Complainant's Request for Admission*No. 17. 18.. Respondent denies Complainant's Request for Admission No. 18. .19. ' (a) arid'(b) Respondent states that all cases of chloracne at Respondent's plant arose .in Department 236, which produced pentachloro- . phenol, prior to'the first'quarter of'T978, when' that' Department was shut down! treatment for-such Chloracne was provided prior to and subsequent to February 7, -1979. ! ' ` :*20*1 ' Respondent admits Complainant's Request for Admission No. 20. 21. Respondent denies Complainant's Request for Admission No. 21. 22. Respondent denies Complainant's Request for Admission No. 22. 23. Respondent denies Complainant's Request for Admission No. 23. ` 24. (a) Respondent denies Complainant's Request for Admission No. 24 (a). '* ! - ..... . - - 24. (b) Respondent admits Complainant's Request for Admission No. 24 (b). 25. (a) Respondent is unable to admit or deny Complainant's Request for Admission No. 25 (a), as Respondent has denied Complainant's CONFIDENTIALRequest for Admission No. 24 (a). SUBJECT TO PROTECTIVE ORDER. -3- Cl 7713 25. (b) Respondent admits Complainant's Request for Admission No. 25 (b), stating that some form of dioxin was found in a trace amount. 26. Respondent admits Complainant's Request for Admission No. 26. 27. (a) Respondent admits Complainant's Request for Admission No. 27 (a). 27. (b) Respondent admits Complainant's Request for Admission No. 27 (b). 27. (c) Respondent admits Complainant's Request for Admission No. 27 (c)v 28. Respondent admits that the items listed in Complainant's Request for Admission No. 28 (a) through (e) were part of the protective equipment issued to Respondent's employees. . 29. Respondent denies Complainant's Request for Admission No. 29. 30. (a) Respondent admits Complainant's Request for Admission No. 30 (a). 30. (b) Respondent admits Complainant's Request for Admission No. 30 (b). 30. (c) Respondent denies Complainant's Request for Admission No. 30 (c). 30. (d) Respondent denies Complainant's Request for Admission No. 30 (d). 30. (e) Respondent admits Complainant's Request for Admission No. 30 (e). SUBJECT TO PROTECTIVE ORDER. 4- - 017714 30.. (f) Respondent denies Complainant's Request for Admission No. 30 (f). ............ 30. (g) Respondent denies Complainant's Request for Admission No. 30 (g.). , ....... _ .. .......... 30. (h) Respondent denies Complainant's Request for Admission No. 30 (hi. ;r. ..... 31. Respondent denies Complainant's Request for Admission No. 31. 32. Respondent admits Complainant's Request for Admission No. 32. 33. Respondent objects to Complainant's Request for Admission No. 33.on the grounds that matters which may have occurred away from Respondent's premises, and at a time and place remote from the inspection * " 1 * ' ** * ,. * I ^ W J (a f.* ^ * X** Ut V* t' C- O V" ' * t** and .citation-herein,:are immaterial and beyond the scope of the pleadings herein, and therefore,' denies the same. 34. Respondent objects to Complainant's Request for Admission No. 34 on the grounds as set forth in response to Complainant's Request for Admission No. 33, and therefore, denies the same. 35. Respondent objects to Complainant's Request for Admission No. 35 on the grounds as set forth in response to Complainant's Request for Admission No. 33, and therefore, denies the same. 36. Respondent objects to Complainant's Request for Admission No. 36 on the grounds as set forth in response to Complainant's Request for Admission No. 33, and therefore, denies the same. .. 37. Respondent objects to Complainant's Request for Admission No. 37 on the grounds as set forth in response to Complainant's Request for Admission No. 33, and therefore, denies the same. SUBJECT TO PROTECTIVE ORDER. -5- C17715 38. Respondent objects to Complainant's Request for Admission No. 38 on the grounds as set forth in response to Complainant's Request for Admission No. 33, and therefore, denies the same. 39. Respondent objects to Complainant's Request for Admission No. 39 .on the grounds as set forth in response to Complainant's Request for Admission No. 33, and therefore, denies the same. 40. Respondent objects to Complainant's Request for Admission No. 40 on the grounds as set forth in response to Complainant's Request for Admiss.ion No, 33, and therefore, denies the same. - 41. Respondent objects to Complainant's Request for Admission \* No. 41 on the grounds as set forth in response to Complainant's Request for Admission No. 33, and therefore, denies the same. *42. (a) Respondent denies Complainant's Request for Admission No. 42 (a). 42. (b) Respondent denies Complainant's Request for Admission No. 42 (b). 43. Respondent admits Complainant's Request-for Admission No. 43 only to the extent that some cases of chloracne may be a recordable, occupa tional injury or illness as defined in 29 C.F.R. Section 1904.12 (c), where they fall within the requirements of the aforesaid section. -44. Respondent denies Complainant's Request for Admission No. 44. CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER. C17716 45. Respondent denies'Complainant's Request for Admission'No. 45. '46. Respondent denies Complainant's Request for Admission No. 46. 47. Respondent objects to Complainant's Request for Admission No. 47 (a), (b)'and (c) on the grounds that said question requires M- VO '' Respondent tb engage in speculation as to the response to the question in the`format asked, and therdfbrb, denies the same. 48. Respondent denies Complainant's Request for Admission No. 48. 49. Respondent denies Complainant's Request for Admission No'. 49. 5Q. Respondent denies Complainant's Request for Admission No. 50. 51. Respondent denies Complainant's Request for Admission No. 51. 52. Respondent denies Complainant's Request for Admission No. 52. '53. "Respondent denies Complainant's Request for Admission No. 53. i- \ n-w - i 54. Respondent denies'Complainant's Request for Admission No. 54. 55. Respondent denies Complainant's Request for Admission No. 55. 56. Respondent admits`Complainant's Request for Admission N o . '56, in that following an accident as referred to in Complainant's Request for Admission No. .54, certain employees exhibited symptoms which were diagnosed as chloracne. 57. Respondent denies Complainant's Request for Admission No. 57. ' ` LAW OFFICES OF FRANK L. PELLEGRINI I h ( , , Frank tr^Pel-legrini 706 Chestnut Street, Suite 1025 St. Louis, Missouri 63101 (314) 241-7445 CONFIDENTIALAttorneys for Respondent. 017717 SUBJECT TO PROTECTIVE ORDER. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Responses to Request for Admissions were served upon Complainant by mailing a copy of the same by certified mail, return receipt requested, addressed to Gerald C. Moton, Attorney at Law, U. S. Department of Labor, Office of the Solicitor, 230 South Dearborn Street, Chicago, Illinois 60604, on the , 0 day of November, 1979. CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER. -8- C17718