Document OJ3GxqDZMBB2byeJmvZp5VOMj

PLAINTIFF'S EXHIBIT INTEKNAL CORRESPONDENCE UNION CARBIDE CORPORATION CHEMICALS AND PLASTICS P. O. BOX 3370, BROWNSVILLE, TEXAS 78520 To (Name) Company Location Mr. w. w. McManus Mr. R. c. dock Copy to Mr. K. G. Townsend Mr. B. F. Brown Date July 20, 1978 Originating Dept. Answering letter dace Subject Monitoring of Contract Personnel Gentlem en: Jim Murray and Joe Triplett made the following comments regarding dealing with contractor employee exposure: 1. UCC should have Industrial Hygiene service on site on a routine basis. 2. We should provide IH monitoring data to contractor but not his employees. Protecting the employee is the employer's responsibility. (John Whittlesey will issue a letter soon). 3. Industrial Hygiene Surveys - Tell the contractor "Don't put total confidence in results but check them yourself". When IH survey is done gratuitously, we can limitTiability since we did not contract with him. Inform contractor that he should not put total confidence in these results but use them as a guide. 4. Where contractor's employees are in our plant OSHA juris diction doesn't apply in third party liability suits. However, a. Liability is limited to employer for Workman's Compensation which is small. b. UCC (Big Pocket) would then be sued because we operate the plant and could have caused exposure. (NOTE: This also applies to contract cleaning firms, demolition, etc.) BRF 0288 Mr. W. W. McManus -2- July 20, 1978 5. It might be prudent to monitor contract employees but you assume responsibility to get people out of an area of high exposure and therefore might assume liability. 6. When using an independent contractor you can't be relieved of liability if something dangerous happens. Try to prevent an accident, if possible. The courts will look favorably. In summary, I'd advise calling a lawyer in any unique situation. Very truly yours, jLTW/gr L. T. Windel BRF 0289