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(E) ost** U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION 550 MAIN STREET CINCINNATI, OH 45202 513-684-3784 1-800-582-1708 April 10, 1990 Calvin Campbell McGraw Construction Co. PO Box 369 Middletown. OH 45402 s C+-/ ^ PTM Dear Mr. Campbell: During our recent investigation at Armco's Hot Strip Mill regarding asbestos exposure, we became concerned that potential employee exposure is not documented. Although it will never be possible for anyone to determine with certainty what concentration levels of airborne asbestos were generated in the #2 furnace area of Armco's Hot Strip Mill prior to March 17, 1990, we highly recommend that current and future medical monitoring be provided for those employees who worked in this area during the first quarter of calendar year 1990. It is possible that employees who worked on or near the removal and replacement of the 12-inch water lines in the Hot Strip Mill may have been exposed to high airborne levels of asbestos, without any respiratory protection being worn, and without any precautions being taken to prevent employees from tracking asbestos fibers on their clothing, skin, hair and shoes into their cars and re sidences. The type of medical surveillance described in 29 CFR 1926.58(m)(2)<iii) should be provided to these employees now and annually hereafter. Consequently, if any medical problems do arise in the future, they could be diagnosed and treated at a very early stage. He thank you in advance for your attention to this matter. If you have any questions in regard to this subject, please feel free to contact our office at (513) 684-3784. Please inform us within 30 calendar days of the medical monitoring steps that you plan to follow and of the precautions that you intend to implement in the future to prevent the disturbing of asbestos pipe insulation during construction projects. Enclosed you will find citations for violations of the Occupational Safety and Health Act of 1970 (the Act) which may have accompanying proposed penalties. Also enclosed is a booklet which explains your rights and responsibilities under the Act. If you have any questions about the en closed citations and penalties, I would welcome further discussion in person or by telephone. I You will note on page 9 of the booklet that for violations which you do not contest, vou must (1) notify this office promptly by letter that you have taken appropriate corrective action within the time set forth on the citation; and () pay any penalties assessed. Please inform me of the abatement steps you have taken and of their dates together with adequate supporting documentation; e.g., drawings or photographs of corrected con ditions, purchase/work orders related to abatement actions, air sampling results. This information may allow us to close the case. As indicated on page 10 of the booklet, you may request an informal confer ence with me during the 15-working-day notice of contest period. During such an informal conference you may present any evidence or views which you believe would support an adjustment to the citation or the penalty. If you are considering a request for an informal conference to discuss any issues related to this Citation and Notification of Penalty, you must take care to schedule it early enough to allow time to contest after the informal conference, should you decide to do so. Please keep in mind that a written letter of intent to contest must be submitted to the Area Direct or within 15 working days of your receipt of the citation. The running of this contest period is not interrupted by an informal conference. You must take care to schedule it early enough to allow time to contest after the informal conference, should you decide to do so. If you decide to request an informal conference, please complete the attached notice at the bottom of this letter and post it next to the citations as soon as the time, date, and place of the informal conference have been determined. Be sure to bring to the conference with you any and all supporting documentation of existing conditions as well as of any abatement steps taken thus far. If conditions warrant, we can enter into an informal settlement agreement which amicably resolves this matter without litigation or contest. Sincerely, William M. Murphy Area Director Enclosures -- McGCon 11943 NOTICE TO EMPLOYEES An informal conference has been scheduled with OSHA to discuss the citations issued on April 10, 1990. The conference will be held at the OSHA office located at Federal Office Building - Room 4088, Cincinnati, Ohio 45202 onat. -3- McGCon 11944 NOTICE 1985, the Occupational Safety and Health Administration is required to assess interest* penalties* and fees to cover the administrative costs of collecting delinquent penalties for violations of the Occupational Safety and Health Act. Interest- charges are assessed at an annual rate determined by the Secretary of the Treasury. This rate is currently 9%. Interest shall accrue from the date on which the citation and penalty (as proposed or adjusted) became a final order of the Occupational Safety and Health Review Commission (that is* 15 working days from your receipt of the citation and proposed penalty* unless you notice of contest). Interestcharges shall be waived if the full amount owed is paid within 30 days of the final order. After 30 calendar days, the debt shall be delinquent unless a satisfactory payment arrangement has been made. Agencies of the Department of Labor are required to assess the administrative costs of recovering delinquent debts. If the debt remains delinquent, for more than 90 calendar days, an additional penalty of nine percent (9*/,) per annum shall be assessed accruing from the date that the debt became delinquent. To avoid additional charges, please remit payment promptly to this Area Office for the total amount of the uncontested penalties shown on the citation. Make your check or money order payable to: "POL- 05HA." Please indicate OSHA's Inspection Number and Reporting ID (see citation) on the remittance. Sincerely, William M. Murphy Area Director McGCon 11945 U.S. Department of Labor Occupational Safety and Health Administration -.............. ......................... Ro* *028 z^jrtaln_Stj^jfe------------------ --------------------Ci nciimatij_.0H--*5208 The violations) described in this Citation are alleged to have oc curred on or about the day the inspection was made unless otherwise indicated within the description given below. 3. iss^^o 5- ReGSBgflfco 7. Op|f34 Report No. 10. Inspection Date(s): 3/30/90 - '\sseteHf.Ti st. Hiddletotm, OH *50*3 6SKID 8. ({age Nog of _and..it aucsmMuai---------P0.Box_369._____ NiddlctoMnj 0H~ *3MPAttni. President .... Certified Hail No. 076610 Return Receipt Requested THE LAW REQUIRES that a copy of this Citation be posted immediately in a prominent place at or near the location of violations) cited below. The Citation must remain posted until the violations cited below have been abated, or for 3 working days (excluding weekends and Federal holidays), whichever is longer. This Citation describes violations of the Occupational Safety and Health Act of 1970. The penalties) listed below are based on these violations. You must abate the violations referred to in this Citation by the dates listed below and pay the penalties proposed, unless within 15 working days (excluding weekends and Federal holidays) from your receipt of this Citation and penalty you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown above. (See the enclosed booklet which outlines your rights and responsibilities and should be read in conjunction with this form.) You are further notified that unless you inform the Area Director in writing that you intend to contest the Citation or proposed penalties within 15 working days after receipt, this Citation and the proposed penalties will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless the Citation is affirmed by the Review Commission. 12. Item Number 13. Standard, Regulation or Section of the Act Violated 14. Description 1 -~ P9 CFR 1910.gotq)(1)h Eqiloym Mho ore mxpotmd to toxic substoncM or haraful phyiiaJLjgmti.Mrv not informed initially and annually of tha foilowinqi <i) tha oxiotanco* location and availability of any racords 15. Date by Which Violation Must Be Abated ~0*/15/90 jCttvwnwiJhy^^ __ UjUL-..W--identity of the parson responsible J^^inUining^wLpravAdina.access to these records I and (iii) each employee's access rights to these records! ja)__Ihe .training described above concerning exposure records such as bulk sample analysis results* air sample analysis results and Haterial Safety Data SheetS-JNSDS's) was not provided at least initially and annually to. aULeaip.loyees Mho are exposed to any hazardous substance (suet1 js.asbestosj_carbon_*onoxide coke oven emissions* benzene* refractory brick_containinq.silica etc.) or to any harmful physical agent (such as noise or heat stress). Penalties Are Due Within 15 Days of Receipt of This Notification Unless Contested (See enclosed Booklet) This Sector May Be Detached Before Posting 16. Penalty 9007W McGCon 11946 u17. Area Director/-----.-MU U--J1. Murphy-----Area Pi recto f. NOTICE TO EMMPPLLOYEES -- The law gives an employee oi his representative the opportunity to object to any abati ment date set for a violation if he believes the date to be unreasonable. The contest must be mailed to the U.S. Department of Labor Area Office at the address shown above within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this Cita tion and penalty. EMPLOYER DISCRIMINATION UNLAWFUL -- The law pro hibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes that he has been discriminated against may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor Area Of fice at the address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and should be read in conjunction with this notification. Total for Tbit Citation Numtar `U.S. Department of Labor Occupational Safety and Health Administration 3. Issu&ece Pjk* );4. IxASSteKlBBiber Federal Office Building - Room 4028 550 Mam Street Cincinnati* OH 45202 1. Type of Violation(s) aenous 2. Citation Number 01 The violations) described in this Citation are alleged to have oc curred on or about the day the inspection was made unless otherwise indicated within the description given below. 5. RepdSEgSBOO 7. Optfe&k Report No. 10. lnsp|cj^D|tg(s)_ 6.SE2B24D 8. Pfcge No.3 of | : i ! ! ^iffiraw Construction Co. and its successors PO Box 369 Middletown* OH 45402 Attn: President "l&eRFfePayttord St. Middletown* OH 45043 Certified Mail No. 076610 Return Receipt Requested THE LAW REQUIRES that a copy of this Citation be posted immediately in a prominent place at or near the location of violation(s) cited below. The Citation must remain posted until the violations cited below have been abated, or for 3 working days (excluding weekends and Federal holidays), whichever is longer. This Citation describes violations of the Occupational Safety and Health Act of 1970. The penalties) listed below are based on these violations. You must abate the violations referred to in this Citation by the dates listed below and pay the penalties proposed, unless within 15 working days (excluding weekends and Federal holidays) from your receipt of this Citation and penalty you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown above. (See the enclosed booklet which outlines your rights and responsibilities and should be read in conjunction with this form.) You are further notified that unless you inform the Area Director in writing that you intend to contest the Citation or proposed penalties within 15 working days after receipt, this Citation and the proposed penalties will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided lor in the Act or, if contested, unless the Citation is affirmed by the Review Commission.* 1 12. Item Number 13. Standard, Regulation or 14. Description Section of the Act Violated 1----------------------:------------------ ----- ------------------------------------------------------------------------------------------------------------------------------------------ 29 CFR 1910.20(g)(1): Employee* who are exposed to toxic substances or 15. Date by Which Violation Must Be Abated --------- 04/15/90 hareful physical agents were not informed initially and annually of the following: <i) the existence* location and availability of any records covered by this section! <ii) the identity of the person responsible for maintaining and providing access to these records! and (iii) each employee's access rights to these records: (a) The training described above concerning exposure records such as bulk sample analysis results* air sample analysis results and Material Safety Data Sheets (MSDS's) was not provided at least initially and annually to all employees who are exposed to any hazardous substance (such as asbestos* carbon monoxide* coke oven emissions* benzene* refractory brick containing silica* etc.) or to any harmful physical agent (such as noise or heat stress). Penalties Are Due Within 15 Days of Receipt of This Notification Unless Contested (See enclosed Booklet) This Sectioi May Be Detached Before Posting 16. Penatt McGCon 11947 Uilliam H.- Murphy - Area Pirecto 17. Area Directo'r{A f. Last-Pg NOTICE TO EMMPPLLCOYEES -- The law gives an employee oxt his representative the opportunity to object to any abate ment date set for a violation if he believes the date to be unreasonable. The contest must be mailed to the U.S. Department of Labor Area Office at the address shown above within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this Cita tion and penalty. EMPLOYER DISCRIMINATION UNLAWFUL -- The law pro hibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes that he has been discriminated against may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor Area Of fice at the address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and should be read in conjunction with this notification. Total Penalty tor This Citation Mato Chad MooayOrt riyMl tl "OOL-OSH Numb* on nomWiN ' U.S. Department of Labor Occupational Safety and Health Administration Federal Office Building - Rooe 4028 550 Main Street Cincinnati* OH 45206 1. Type of Violation(s) Serious 2. Citation Number 01 The violation(s) described in this Citation are alleged to have oc curred on or about the day the inspection was made unless otherwise indicated within the description given below. 10. Inspection Date(s): 3/30/90 - 11. Inspection Site: 9. To: _ HcBraw Construction Co. 1801 Crawford St. Middletown* OH 45043 and its successors PO Bos 369 Middletown* OH 45406 THE LAW REQUIRES that a copy of this Citation be posted immediately in a prominent place at or near the location of vioiation(s) cited below. The Citation must remain posted until the violations cited below have been abated, or for 3 working days (excluding weekends and Federal holidays), whichever is longer. This Citation describes violations of the Occupational Safety and Health Act of 1970. The penalties) listed below are based on these violations. You must abate the violations referred to in this Citation by the dates listed below and pay the penalties proposed, unless within 15 working days (excluding weekends and Federal holidays) from your receipt of this Citation and penalty you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown above. (See the enclosed booklet which outlines your rights and responsibilities and should be read in conjunction with this form.) You are further notified that unless you inform the Area Director in writing that you intend to contest the Citation or proposed penalties within 15 working days after receipt, this Citation and the proposed penalties will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless the Citation is affirmed by the Review Commission.__________________________ ________ __________________________ 12. Item Number 13. Standard, Regulation or Section of the Act Violated 14. Description 15. Date by Which Violation Must Be Abated 29 CFR 1.926.5B(fMl).<i)i... Employer did not perform monitoring to dmtmrina accurately the airborne concentration of asbestos to which employ ees were exposedi Immediately Jpon Receipt (a) On approximately February 6* 1990* employees expressed concern to manageeent about the fact that pipe insulation which eay contain asbestos was being forcefully disturbed and knocked down onto other employees. However* no air sampling or bulk sampling was performed by the employer until after a bulk sample which was analyzed through the Boilermaker's Union was found to contain 40% Chrysotile asbestos. The results of this analysis were presented to the employer on the morning of March 67, 1990. Penalties Are Due Within 15 Days of Receipt of This No&fcabo Unless Contested (See enclosed Booklet) This Sect May Be Detached Before Posting 16. Pent 900.< McGCon 11948 17. Area Dire William H. Murphy - Area DirectorjwTiu# ^ ik) kast Pq NOTICE TOi EMPLOYEES -- The law gives an employee or his representative the opportunity to object to any abate ment date set for a violation if he believes the date to be unreasonable. The contest must be mailed Jogtfjp U.S. Department of Labor Area Office at the address shown above within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this Cita tion and penalty. EtMfPPLLOOYYEERR DDIISSCCRRIIMMIINNAATTIIOONN UUNNLLAAVWFUL -- The law pro hibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes that he has been discriminated against may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor Area Of fice at the address shown above. Timi Pent forTti Cttriit mfeeCiM rc EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and Rmm should be read in conjunction with this notification. --------------- U.S. Department of Labor Occupational Safety and Health Administration 3. lsscfetpeJlM0$ 4. InaaS&^fijgiber Federal Office Building - Room 4028 550 Main Street Cincinnati OH 45202 1. Type of Violation(s) Serious 2. Citation Number 01 The violation(s) described in this Citation are alleged to have oc curred on or about the day the inspection was made unless otherwise indicated within the description given below. 5- R6R9affiEbO 7. Opt^gaj Report No. 10. Inspection Date(s): 3/30/90 - 8. FJage N0.3 of ._ - 9. To: McBraw Construction Co. and its successors PO Box 369 Middletown* OH 45402 11. Inspection Site: 1801 Crawford St. Middletown* OH 45043 THE LAW REQUIRES that a copy of this Citation be posted immediately in a prominent place at or near the location of violation(s) cited below. The Citation must remain posted until the violations cited below have been abated, or lor 3 working days (excluding weekends and Federal holidays), whichever is longer. This Citation describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed below are based on these violations. You must abate the violations referred to in this Citation by the dates listed below and pay the penalties proposed, unless within lb working days (excluding weekends and Federal holidays) from your receipt of this Citation and penalty you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown above. (See the enclosed booklet which outlines your rights and responsibilities and should be read in conjunction with this form.) You are further notified that unless you inform the Area Director in writing that you intend to contest the Citation or proposed penalties within 15 working days after receipt, this Citation and the proposed penalties will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless the Citation is affirmed by the Review Commission. 12. Item Number 13. Standard, Regulation or 14. Description Section of the Act Violated______________________________________________ 15. Date by Which Violation Must Be Abated 2 29 CFR 1926.58(f)<1)<i): Employer did not perform monitoring to determine accurately the airborne concentration of asbestos to which employ ees were exposed: Immediately Upon Receipt (a) On approximately February 2* 1990* employees expressed concern to management about the fact that pipe insulation which may contain asbestos was being forcefully disturbed and knocked down onto other employees. However* no air sampling or bulk sampling was performed by the employer until after a bulk sample which was analyzed through the Boilermaker's Union was found to contain 40% Chrysotile asbestos. The results of this analysis were presented to the employer on the morning of March 27, 1990. Penalties Are Due Within 15 Days of Receipt of This Notification Unless Contested (See enclosed Booklet) This Sector May Be Detached Before Posting 16. Penalt 900.0 McGCon 11949 William Mt~Murphy-- Area Director H)----17. Area Direcntor Jgt"Fg NOTICE TO^pMPLOYEES -- The law gives an employee or his representative the opportunity to object to any abate ment date set for a violation if he believes the date to be unreasonable. The contest must be mailed -toBthe U.S. Department of Labor Area Office at the address shown above within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this Cita tion and penalty. EMPLOYER CDISCRIMINATION UNLAWFUL -- The law pro hibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes that he has been discriminated against may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor Area Of fice at the address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and should be read in conjunction with this notification. ToM Penalty lor Tbit Citation MateChec * U.S. Department of Labor Occupational Safety and Health Administration _jffia!i<iiwirtJMfitiei!b8f- 3 law& 4. j^ggj^t^gnber Federal Office Building - Rooe 402B 550 Main Street 5. Re^jgjg^, 6sS&,D Cincinnati* OH 45202 1. Type of Viotation(s) Serious 2. Citation Number 01 The violation(s) described in this Citation are alleged to have oc curred on or about the day the inspection was made unless otherwise indicated within the description given below. 7. Op^l Report No. 10. Inspection Date(s): 3/30/90 - 8. gige Nog of 11. Inspection Site: 1801 Crawford St. 9. To: McBraw Con*truction Co. Middletown* OH 45093 and its successors ___ POLBox. J369____ Middletown* OH 45402 THE LAW REQUIRES that a copy of this Citation be posted immediately in a prominent place at or near the location of violation(s) cited below. The Citation must remain posted until the violations cited below have been abated, or for 3 working days (excluding weekends and Federal holidays), whichever is longer. This Citation describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed below are based on these violations. You must abate the violations referred to in this Citation by the dates listed below and pay the penalties proposed, unless within 1b working days (excluding weekends and Federal holidays) from your receipt of this Citation and penalty you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown above. (See the enclosed booklet which outlines your rights and responsibilities and should be read in conjunction with this form.) You are further notified that unless you inform the Area Director in writing that you intend to contest the Citation or proposed penalties within 15 working days after receipt, this Citation and the proposed penalties will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless the Citation is affirmed by the Review Commission. 12. Item Number 13. Standard, Regulation or Section of the Act Violated 14. Description 15. Date by Which Violation Must Be Abated 3 29 CFR 1926.451 <a).(13).i An accns ladder or equivalent safe access to scaffold(s>_ was not^provided! 04/13/90 U) In the furnace 2 area of Areco's Hot Strip Mill building* pjoysws,,gained,access,to_Jthe working surface of a tubular welded fr \caffnld which was 40 feet above the floor by cliebing the end fraee of the .scaffold*-- 29 CFR 1926.451<d)<10)i Standard guardrails and toeboards were not installad.at.all open..sides and ends on tubular welded fraee scaffolds wore than lO feet jbove the ground or floors 04/13/90 (a) Toe boards were not installed on the tubular welded fraee scaffolding .which was 40 feet above the floor in the furnace *2 area of. Areco'.s..Hot.Strip Mill. Penalties Are Due Within 15 Days ol Receipt of This Notification Unless Contested (See enclosed Booklet) This Sectio May Be Detached Before Posting 16. Penal 600. C 600.< McGCon 11950 17. Area Director ., Hilliaa.M. Murphy - Area Director <?. Uhtaja V30W7 NOTICE TO EMPLOYEES -- The law gives an employee or his representative the opportunity to object to any abate ment date set for a violation if he believes the date to be unreasonable. The contest must be mailed Uogtha U.S. Department of Labor Area Office at the address shown above within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this Cita tion and penalty. (PLOYER DISCRIMINATION UNLAWFUL -- The law pro hibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes that he has been discriminated against may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor Area Of fice at the address shown above. Total Penattl for Thi Citatioi Mato Chac EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and should be read in conjunction with this notification.