Document LkBpkRGoyE7w7yLqyg5V4rLq

U.S. Department of Labor Houston Area Office 2320 LaBranch, Room 1103 Houston, Texas 77004 September 23, 1983 Occupational Safety and Health Administration Reply to the Attention of: Mr. Gene L. Tromblee Monsanto Fibers and Intermediates Co. P.0. Box 1311 Texas City, Texas 77590 fxa. RE: M6013-167 Dear Mr. Tromblee: y A citation was issued to your company containing item(s) with abatement date(s) that are now past due. As a courtesy, we wish to bring this to your attention as these dates may have been overlooked. Since your receipt of this citation, we have not received correspondence from you indicating that you have complied or abated all the items. We are in need of documentation from you indicating the status of these items. Followup inspection indicating non-abatement may result in additional proposed penalty. It is requested that reports be made upon each abatement date as indicated in the citation in order to minimize reinspection activity. We will appreciate your prompt attention to this matter, and should you have any questions concerning this item or others regarding the Occupational Safety and Health Act of 1970, please contact this office. If you have recently mailed this abatement report, please disregard this letter as it is sent as a courtesy reminder. o. ' GERALD 'AT^BATY Area Director 6113 23504 September 26, 1983 MONSANTO FIBERS AND INTERMEDIATES CO. P. O. Box 1311 T*xs City, Taxas 775 90 Phona: (713) 945-4431 Gerald A. Baty, Area Director Occupational Safety & Health Administration U.S. Department of Labor 2320 La Branch, Room 1103 Houston, Texas 77004 Re: Citation M6013-167 dated 8/22/83, as amended by the informal settlement agreement of 9/01/83. Dear Sir: Honsanto Fibers & Intermediates Company is complying with 29 CFR 1910.1001 (F)(2)(ii) concerning personal monitoring of airborne asbestos. This monitoring has been done and will be continued at intervals of no more than six months for our employees whose exposure to asbestos may exceed the limits prescribed by paragraph (b) of 29 CFR 1910.1001. Very truly yours, R. T. Hammann, Superintendent Loss Prevention & Safety Dept RTH/es 6113 23505 KAs*~ Monsanto 'ROM tA*M tOCATtOW mown LAW DEPARTMENT t- p. S. Park G3WB 4-8503 September 13, 1983 cc R.T.H. to P.S.P. 9/7/83 TO R. T. Hammann Attached to your above referenced memo was a proposed letter to the OSHA Area Director concerning personal monitoring for air borne asbestos fibers, and a copy of the "Informal Settlement Agreement," which resolved the disagreement over OSHA Citation No. M6013 167. You asked for my comments concerning the letter to OSHA. The letter to the OSHA Area Director looks fine, except that to correctly follow OSHA terminology, the "B" in the last line should be replaced by "(b)." I see no objection to the letter being over your signature. Phocion S. Park jf 6113 2 3506  0* *** t iDC**'On R.T. Hammann, LP&S - Texas City 0-22 Ext. 3234 September 7, 1983 CC Letter of Corrective Action to OSHA Area Director TO : P.S. Park (SL) G3WB Attached is a copy of the Informal Settlement Agreement reached with OSHA on 9/01/83. In order to close the file we are required to send a letter of corrective action to Gerald Baty, the Area Director in Houston. Please let me know of any corrections needed to this letter. Also, should it go out under the Plant Manager's signature? Thank you for your assistance. Attachment RTH/es R.T. Hammann 6113 23507 Monsanto MONSANTO FIBERS AND INTERMEDIATES CO. P. O. Box 1311 Tsxas City. Texas 775 9 0 Phone: (713) 945-4431 September 7, 1983 Gerald A. Baty, Area Director Occupational Safety & Health Administration U.S. Department of Labor 2320 La Branch, Room 1103 Houston, Texas 77004 Re: Citation M6013-167 dated 8/22/83, as amended by the informal settlement agreement of 9/01/83. Dear Sir: Monsanto Fibers & Intermediates Company is complying with 29 CFR 1910.1001 (F)(2)(ii) concerning personal monitoring of airborne asbestos. This monitoring has been done and will be continued at intervals of no more than six months for our employees whose exposure to asbestos may exceed the limits prescribed by paragraph B of 29 CFR 1910.1001. Very truly yours, RTH/es R. T. Hammann, Superintendent Loss Prevention & Safety Dept. a unit of Monsanto Comoanv 6113 23508 U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION In the Matter of OSHA No.(s): /?/<<>/^3 --/& 7 INFORMAL SETTLB.tEHT AGREEMENT- G^>. i The -undersigned Employer and the undersigned Occupational Safety and Health Administration (OSHA), in settlement of the above citation(s) and penalties which v/ere issued on /%3, hereby agree as follows: 1. The Employer agrees to correct the violations as cited in the above citations or as amended below.. 2. The Employer agrees to pay the proposed penalties, if any, as issued with the above citation(s), or, if amended by this agreement, as amended * below. ` 3. The Employer and OSHA agree that the following citations and penalties (if any) are not being amended hy this agreement: ' * 4. OSHA agrees that the following citations and penalties are being amended as shown (see attachments): ' , 6113 23509 5. The Employer, by signing this informal settlement agreement, hereby v/ai'ves its rights to 'contest the above citation(s) and penalties, as amended in paragraph 4 of this agreement. 6. The Employer agrees to immediately post a copy of this Settlement .Agreement in a prominent place at or near the location of the violation(s)' __ ' referred to`in paragraphs 3 and 4 above. This Settlement Agreement must . remain posted until the violations cited have been corrected, or for 3 working days (excluding weekends and Federal Holidays), whichever is longer For File, employer DATE lllh n N FOR THE OCCUPATIONAL SAFETT/AND HEALTH ADMINISTRATION NOTICE- TO g lPLQTEES The law gives you or your representative the opportunity to object to any ' abatement date set for a violation if you believe the date to be unreasonable. Any contest to the abatement dates of the citations amended in.paragraph 4 of this Settlement Agreement must be mailed to the U.S. Department of Labor-OSHA, 2320 LaBranch, Room 2118, Houston, Texas 77004, within 15 working days (exclud ing weekends and Federal Holidays) of the receipt by the Employer of this Settlement Agreement. You or your representative also have-the right to object to any of the abatement dates set for violations referred to in paragraph 3 provided that the objection is mailed to the office shown above within the 15 working day period established by the original citation. 6113 23510 Occ.pakcnal wsV' an i CITATION and NOTIFICATION OF PENALTY Boustcn Area Office 2300 J.i5r=ch - Idea 1103 Uonstaa, X.-xia 77004 CCG31 T0- Mcnaanta libera tad Intermediates Ccnpany and Its successors ?.0. Sax 1311 Texan City, Tessa 77550 A'XTN: Mr. Cene L. Tremble*, Plant Manager ' 04 8/22/33 M6013i AfCION |* AAIA 6 rrrso 167 1 OF J 1 1I TT**-- INSPECTICN.DATE 6/4/53 - 7/1/33 INSPECrioNSITE; iOVScirth Bay Strict Tgsd-tity, Texes 77590 ' Ij Wf* 'CM?. ' r.'V' `% ITEM NUMBER STANDARD, REGULATION OR SECTION OF THE ACT VIOLATED: DESCRIPTION DATE EY WHICH |-* VIOLATION MUST i BECORHECTED , The issuance of this citation c!oea not constitute a finding that a vidiadem of the Act has occurred unless there is a failure to contest an provided for is the Act or, if contested, unless the citation is zfiLreed by the Review Coaaissica. The vidLadcns described in this dtadcaa are alleged to have occurred on or about the day the inspection was Bads unless otherwise indicated within the description given below. 29 C7R 1910.1001 (f)(2)(H): The airborne asbestos monitoring schedule '.ms not of sufficient frequency and pattern as to represent with runsenable accuracy the levels of eapLoyee exposure to airborne asbestos fibers: Ixsediately { Upon Receipt! 1 $0 {-.} Monsanto fibers and Intomediates Ccapany in Texas- City, Te:tts, dees not conduct personal monitoring for airborne asbestos fibers at intervals of 6 norths of less for csiplqyees whose exposure to asbestos cay reasonably be foreseen to exceed the limits prescribed by paragranh b of 29 CFR 1910.1001. 2 ItE-m t>E.ui-.'r.D #7 -s.TT`-e.M*jr fic><iZ.ME-+JT~ 29 CJTl 1913.100l(j)(^): Tile eonloyer did hot provide"'or cake/ available, to each etmloyee, within 30 daya/following his first" en- pleyaent in an occupation exposed to airborne levels/of asbestos fibers, a catsrehensive cedical exadnadca: > / '/ (a) Cn June 30, 1933^ an employee .rorking-on Chit 16,1l2 was ctniosed to' 0.23 fibers pear cubic centimeter of air^This / exposure- occurred -during an asbestos insulation removal; The sample takca/vas a lS->iimnte ceiling sancle./ 9/26/33 I! 7$c s//,,1 AREA DIRECTOR a. "Ari ,P ;r ^ * :. . "l/'V ..1;i . 6113 23511 $0 INFORMAL CONFERENCE WITH OSHA Held 9/01/83 Meeting was held with Gerald A. Baty, OSHA Area Director, and Jack Fontaine, Industrial Hygiene Supervisor, concerning the citation issued 8/23/83. This was as a result of the inspection of 6/28-7/01/83, on asbestos handling. Present for Monsanto were: Dan Campbell, Industrial Hygienist, and R.T. Hammann, LP&S Superintendent. Discussion of the citation consisted of the following: Point I - Asbestos Monitoring Monitoring done in January included a source sample which, although not attached to the individual, was construed to be a personal sample as it was hung in the breathing zone. Point II - Preplacement Exam A. History of the complaint. B. Monsanto policy on medical exams. C. Felt that we have complied with the intent of the regulation in establishing baseline data. An informal settlement agreement was reached whereby OSHA deleted Point II and Point I will be abated by the Texas City plant. Additional Information Received During This Conference: OSHA considers that when monitoring of personnel shows greater than 0.1 fbrs/cc for an 8 hour time weighted average that these employees must receive the annual physical. RTH/es R. T. Hammann 6113 23512 CLOSING CONFERENCE -- OSHA INSPECTION FOR 8/12/83 The closing conference with Rex McKinney, OSHA, was set for 1400 on 8/12/83. Mr. McKinney arrived at the plant at 1230 and was brought in from the Main Gate at 1300. Prior to the closing conference there was some discussion on steps that we have taken since the inspection of 6/28-7/1 concerning employee physi cals. We stated that we plan to initiate yearly physicals (including medical history, pulmonary function test and chest x-ray) for those individuals doing incidental work requiring them to remove asbestos insulation. Also stated that we would not force an individual to take the chest x-ray. However, if they decided not to take the x-ray, then they would be required to sign a statement stating this. He also requested medical information on the two workers, R.V. Nicol and G.E. Hoyland, on which personnel monitoring was done while they were performing job of stripping asbestos. Information given was as follows: Last Physical Pulmonary Function Test Chest X-ray Nicol 03/23/83 08/81 Given slip at last physical Hoyland 11/17/82 11/17/82 Given slip at last physical Closing Conference Personnel present: Rex McKinney, OSHA Charles Davis, Pipefitter Safety Representative Greg Daues Dan Campbell Mark Riddle Bob Hammann Mr. McKinney started by stating that their tests showed 0.3 fibers/cc which is well below the ceiling limit and therefore indicated no overexposure. He stated there were three possible citation areas. 1. Work practices/wet methods - 1910.1001 C.2.i We were cited as the workers did not wet down the asbestos while they were removing it. It is our practice to wet down the asbestos. He has a copy of our procedures which state this. Abatement period - immediate. This has always been our practice. 2. Personnel monitoring - 910.1001 F.2.ii Personnel nonitoring must be done at intervals no greater than six months. From the data that we have given him, this has not been done. Additional search for data will be made.to see if we have indeed complied with this. Abatement period - immediate. 6113 23513 Closing Conference - OSHA Inspection 8/12/82 (Cont'd.) Page 2 3. Employee physicals - 1910.1001 J.2 People working with asbestos shall have a physical examination within 30 calendar days. Some discussion followed concerning this when we once again stated our opinion that this initial examination is to establish baseline data. We are willing to accept data taken from earlier physicals as being the baseline data. He could not answer this other than to state that we would have to discuss it with his boss at an informal conference sometime after receiving any citations. His boss' name is Jack Fontaine and his phone number is 750-1727. We should receive the formal citation within two weeks by registered mail. The fifteen working day period for formally contesting the citation will start the day after receipt of the citation. 6113 23514 OSHA INSPECTON ASBESTOS Telephone Conversation With Rex McKinney of OSHA on 7/26/83 A call was placed to Rex McKinney to discuss the status of OSHA's personal sampling and determine if a date could be set for the closing conference. OSHA has not received the analysis of their samples as yet. They've recently moved their lab and feel that there may be some additional delay due to this. He does not expect to get the results of their sampling back for at least two more weeks. Whenever this data is received he will contact me to set up a closing conference. I did relay to him the information concerning the results of our tests (that the personal samples were 0.21 and 0.23 fibers/cc). Also discussed with him whether he had talked with his boss concerning we had met the intent of the OSHA Standard which was to establish a baseline for our employees since we do have past physicals on employees as part of our medical program. He stated that he had -digcuseedit &r- mentioned it to his boss, but that the best thing for us to do would be to wait until after the closing conference and if there was a citation on this, then we could request an informal con ference with his boss in order to present our position. At that' time they would accept or reject our contention. RTH/es R. T. Hammann 6113 23515