Document NG8V2r95j58Ja8w5wpKMQbdap
iwniMi Bectrfc Corporation
max? a
15222 >412) M2 4809 October 11, 1991
As
copies of the Millwrights
Endosure
1 endose the originals and one yesringhcwae Electric Corporation on
the Nodoe of Appearance of n
I have served of the
PLAINTIFF'S i EXHIBIT
Honorable Edwin G. Salyers October 11,1991 Page 2
BSrOKI TBS OCCUPATIONAL SAFETY AND HEALTH SSVXSH COMMISSION
Of TBS UNITED STATES OF AMERICA
NOV bp and through admits, dsnios
ANSVHS TO COMPLAINT
Corporation, tha Rsspondant, s this ansvar and
Saapondant complaint not odfihr
llagatlon eontalnad in tha ttad harain.
danias tha alla$ftigii ol^Violation of tha Act and tha Saf^jm^aad Haalth Sagulation* aaabla to tha Coapla&ri^ Tha Saapondant danias tha alligations o^S^ragraph I of tha thasa allagationa sat forthj5*nclusiona of lav.
zzz.
Thr Saapondant admits in part and danias in part tha allsgations of Paragraph XI of tha Complaint* Tha Saapondant has a placa of businasa in Chicago, Illinois and a principal placa of
aauTii
1
business in Pittsburgh, Pennsylvania. Furthar, Respondent is not required to admit or deny ths allegations in Paragraph IZ of the Complaint to the extent that they set forth conclusions of lav as to jurisdiction*
IV.
indent admits in part and f Paragraph IZI of the
inspection of the vo representative o4 fee
itled Citatio:
part the The Respondent place on Kay 30 lainent and that it Ication of Penalty.
0-
The Jleepo: allegations of that the form eat attached as Kxhibit violations, vhlch oecurred at the vor:
denies in part the laint. Respondent admits Notification of Penalty is the allegations that the f the Notice of Contest,
in part the
V Of
The Respondent
suhmittsd
of intent to
and Notificati
Items No* 1 and
is without suffici
creation and
opinion or belief
the date the
.red the Respondent's not
tion. The
admits or denies the
of Paragraph v
allegations set forth eeaclusi
lav*
viz.
The Respondent admits in part and denies in part the allegations of Paragraph VI of the complaint* The Respondent admits that it employed employees at the workplace and that one
stum
2
or more asployees voro represented by tho United Brotherhood of Millwright*, Millwright* Local 1544. Th* Respondent denies th* ranlining allegations of Paragraph VI.
VIII.
Th* Respondent danias tho allegatd of Coaplaint,
in Paragraph
IX.
VIII A 1925. 3t(f] Paragraph VXX^^f attached to tfiii/ notification of
denies the tint that
lent a<
Lty,
contained Paragraph
cnt section
violation alleged in alleged in the fern t, entitled Citation and Mo. l, Item MO. 1.
B. The Respbi allegations of Para^ admits that, under performance of mad the Tennessee V*; information Paragraph
^ln part and denies in part the
the Complaint. The Respondent
Loyees were engaged in the
xat a facility operated by
: lacks sufficient
as re^^ing allegations of
Complad
^
PH
lent admits in
as in part the
:aph VIII C of
Respondent
tinted 29 cnt section >ttl5S<f)<3)<i). The that it did not perform^Ul airbom.
maintenance and repair
rhino units l, 2 and 3.
With respect to Paragraph VZXX C 1 of the
Complaint, Respondent admits that initial airborne monitoring was
not conducted at the initiation of the asbestos encapsulation on
turbine units 1, 2 and 3.
.
MLUTIS
3
2. with rtspMt to Paragraph vxzx c a of the
cosplaint, fteapondant adaits that initial airhoma aonitoring vaa
not conducted prior to tha initiation of rapaira on turbina unit*
i, 2 and 3* Respondent daniaa that tha workmen turbina unit* i,
2 and 3 involvad asbestos*
AS/7 ^
graph vxzz D and rapair vork
f "eitad conditions, d admits tha remainder
ions of Paragraph vxzx ?.
tiona of Paragraph VZ2I 6. Motions of Paragraph VZZZ H.
(lieges that thifcfigh thfc^Jfca is its encapsulation i^Svap not raquirad to
data eonaiatad
angf knowladga of tha daaign o: foot that tha fixed cloth
Waotinghouaa vaa *non-
Tbat tha fixed cloth inaulation at tha relevant times vaa non-friable and did not prosaist a risk of exposure of asbeatos fihars to tha aaployaaa; and
surra
4
3. The condition of the fixed cloth insulation was verified and confined by a representative of tha Tannasaaa Environmental Protection Agency before the encapsulation operation vas conducted by one employee*
4. Respondent further allegi data vas obtained and reviewed did one
ted cloth insulation*
after this ipsulate the
>rovisions of 29 CTO
Lorigh-encapsulation vith<
.able
respect to the;
of 29jBkB Section ll
>24.59(2)(2)<i) and aonitoring if data perfoned. The (ii) applied to this
c. ThaNiS^^oyi turbine units required work tha action level and/o
repair operations on in activities that
itos fibers in excess of the Lt.
D* Prior to Respondent had bolts and flang areas. Prior results of denonstra
than i
:en on' vas
on turbine units 1, 2 and 3 the areas covering the vas present in these ndent received the test these tests these areas
ace vas not subj ns on turbine units
les, or class of art! identified in 29 CTO 1924.
1924.99 since 3 did not involve that vers being
diligence of Respondent and its 1, 2 and 3 sade it clear that the eaploy
to asbestos.
of the would
MUATIB
s
xz
A* Respondent denies the Allegations contained of Paragraph ZX A.
B. The Respondent admits in part allegations of Paragraph ZX B of the
under contract, its aspic
part the e Respondent were ^engaged in the a^Mftllty operated by "zkcks sufficient
allegations of
in Paragraph ZX c of
ations contained in
egatioas contained in
contained in
ined in
Respondent aaintained an offios in^B eohile trailer that vgf91thin SO feet of the workplace. There ware also trallers^used for change rooss. The workplaoe was generally subject to the weather and eliaatic conditions sinoa the walls and roofs over the turbines were generally resowed before work
suss
S Yha haapondant aaintainad aaterlal uftty data thMtt la * ** thrM ring binder in tbt trallv oftiet*
e the aaployeea bad dally acceaa which contained!
offi<
to uaa;
bine* and tba
loyeea vara required to tbalr aaoignad Jobe,
feaelble structure la which worfceite that vac aecasalbla vaa hoatad/alr conditioned; act to advarae weather
trailar office to tba aaployaaa
_ had aceaaa to th^&allar offioa to also rial aafety data ahaata la t^nd thraa ring
aunt
ion dismiss
enaroteaos am ifie
Z hereby certify that copies of tho attachment*, thereto, including tho Koti noilod this 11th day of October, 19tl,
.1, return receipt requested, to tha/follow i >Sy
or with ones, wore id, eartifiod
eitor of Labor Suita B-201
ation
U4. Oopartmont of Labor
Offict of ffw Senator Nashville, Tonnooaae
BOMCM QV APPEARANCE
In the Natter oft UisSill v. DoeXat No. 1-1074
Addroaoi^fe Phono:
Haaafaetorlaa VtstlaghOBM folldlaa* 1Loos 1720 11 Stmrlx Serat Pittsburgh* PA 15232 (412) 642-507*