Document NGE1pyxpBxqo8wOgYwDj9E2zD

BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION OF THE UNITED STATES OF AMERICA FOSECO, INC., Petitioner, v. PETER J. BRENNAN, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, Respondent. OSHRC Docket No. 6676 RESPONDENT'S REPLY TO PETITION FOR EXTENSION OF ABATEMENT PERIOD I This is in reply to Foseco, Inc.'s petition for extension of two (2) abatement dates from February 22, 1974 to April 22, 1974, which was submitted pursuant to Section 10(c) of the Occupational Safety and Health Act of 1970, (84 Stat. 1590; 29 U.S.C. S 651 et seq.), hereinafter referred to as the Act. II Foseco, Inc. is a corporation maintaining a place of business and manufacturing facility at 20200 Sheldon Road, Cleveland, Ohi.o 44142 and is engaged at that location in the business of formulating and manufacturing fluxes, degassers, and insulating products for steel. FOS-88-<2l&0QeQ272a 1848 Ill Petitioner's employees regularly handle, receive and store goods moving in interstate commerce and produce and ship goods in interstate commerce to Doints outside the State of Ohio. Therefore, petitioner is engaged in a business affecting commerce within the meaning of Section 3(5) of the Act. IV Representatives of the Cleveland, Ohio Area Office of the Occupational Safety and Health Administration conducted an inspection of the petitioner's facilities and worksite on December 6, 1973. V Area Director Kenneth Bowman issued two citations alleging three (3) violations of the Act pursuant to Section 9(a) of the Act on January 15, 1974. The citation together with a notice of proposed penalties in the amount of $705.00 were received by petitioner on or about January 16, 1974. VI The petitioner did not file a timely notice of intention to contest eithef citation. Therefore, they became a final order of the Commission pursuant to Section 10(a) of the Act. XU.1.I11II > I TJ ^i 'll 2 - FOS-00-0000002739 1849 VII By a letter dated February 19, 1974, petitioner has requested an extension of the abatement dates for the viola tions alleged in Items Nos. one (1) and two (2) of the non- serious citation. The petition was duly forwarded to the Commission. VIII The cited violations referred to herein are set out as follows ITEM STANDARD ALLEGED VIOLATION ABATEMENT DATE 29 CFR Section 1910.93(a)(j) (3) Failed to provide annual February 22, comprehensive medical ex 1974 aminations to each of his employees engaged in occu pations exposed to airborne concentrations of asbestos fibers. 29 CFR Section 1910.134(a)(2) & (3) Failed to enforce the use February of respirators which are 1974 applicable and suitable for the purpose intended and to establish and main tain a respiratory pro tective program. Locations: (1) Pulping platform 07. (2) Pulping platform 0708, 22, 3- - F0S~ 1850 IX Respondent does not object to the granting of the petition whereby petitioner would be granted until April 22, 1974 to abate the violation specified in Items Nos. one (1) and two (2) of the Citation. Dennis Dowdell, Jr. Trial Attop^ney for Respondent U. S. Department of Labor 881 Federal Office Building 1240 East Ninth Street Cleveland, Ohio 44199 Area Code 216: 522-3869 Of Counsel for Respondent: WILLIAM J. KIL3ERG, Solicitor of Labor HERMAN GRANT, Regional Solicitor W. S. KLOEPFER, Assoc. Regional Solicitor jpujj wnmnwr'wiwyr 4- - FGS-00-62i2i2>'7^ * 1851 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Reply were mailed to David B. Woodbury, Industrial Relations Manager, Foseco, Inc., 20200 Sheldon Road, Cleveland, Ohio 44142, on 1974 "rrrr .-5- FOs-o2>-e0aa0Gc74 1852 ip m|iiMmp.Miiiiwi^|nTr