Document VJVKLqg6edN6Z766OMaozw70q

Thomas G. Grumbles To VISTA Date ( K'i< - fc Monsanto Is Faulted By OSHA on Records By a Wall Street Journal Staff Reporter WASHINGTON - The Occupational Safety and Health Administration accused Monsanto Co. of record-keeping violations at its Nitro, W.Va., chemical plant. The Labor Department agency pro posed $55,000 in penalties for 11 alleged in- 15 days in which to contest the charges. The plant produces agricultural and indus trial chemicals. OSHA said Monsanto failed to keep a required tog of injuries and illnesses dur ing parts of this year and last. An agency official said an inspection indicated "an ongoing pattern of indifference to main taining on-the-job injury and illness data" at the plant. Among the improperly reported or un reported instances alleged by OSHA were injuries that required medical treatment, work restrictions, lost work days and in some cases worker-compensation claims. The agency initiated its inspection of the plant after a worker complaint. Monsanto, a chemical, plastics and pharmaceuticals company, couldn't be reached for comment. \ VVV Q0G015673 Thomas G. Grumbles To ^<sn Tjod4^_ ^2)oV) pOOOR. om VISTA ^^ - TVe. QVt.ac.Vve,*} ^ ^ece^ --,*_ ^ bcu*,. woocto LjMk_ tmi a Cl,,nat C.V,0 co\ntt , Monsanto Ordered s couldn't be reached for comment yester day. The jury awarded the Skeen family S100 To Pay Damages million in punitive damages and $8 million in actual damages. Under Texas worker t compensation law, workers can only re In Worker's Death cover punitive damages. The suit was sparked when Monsanto turned down the Skeen family's request for worker's com pensation because it said it couldn't be de By Scott Kilman termined that Mr. Skeen's death was re Sta//Reporter o/The Waul Street Journal lated to his work. A federal grand jury in Galveston, Texas, ordered Monsanto Co. to pay $108 million to the family of a chemical plant worker who died of leukemia in 1980. The In the trial, which began in September, Monsanto argued that its 24-year-old plant was designed to limit worker exposure to benzene, a solvent distilled from petro family had charged the company with leum, to one part per million, which ex gross negligence. ceeds the federal safety limit of 10 parts The St. Louis-based chemical concern said it probably will appeal the decision, which was made late Friday and is one of the largest awards involving a plant worker's exposure to toxic chemicals since the asbestos industry was hit by law per million, said Daniel 0. Goforth, the Houston attorney who represented Mon santo. However, the Occupational Safety and Health Administration is considering whether to toughen its benzene standard to one part per million. suits. __ --n| The jury found that Wilbur JafcSkeen I was exposed to benzene during his w5W1f Monsanto's Chocolate Bayou facility in Al vin, Texas. Monsanto argued unsuccess 1- fully in the case that benzene doesn't cause the type of leukemia from which Mr. Skeen g suffered and that its plant exceeded gov a ernment safety regulations for handling >- benzene. e A Monsanto spokesman said this was the first time the company had lost a ben zene-related case. "It was outrageous, both the size of the award and the loss," he said. The attorney for the Skeen family VVV 000015672 TO: D. A. Kuhn FROM: DATE: Interoffice Communication J* T. G. Grumbles December 12, 1986 PROGRESS REPORT FOR THE WEEK ENDING DECEMBER 12, 1986 VIST/ 1. Conducted a health, safety, and environmental assessment of BP Performance Polymers plant in Mansfield, MA to identify significant issues that may impact proposed purchase of the facility. A report will be given to the acquisition committee and Houston management. Although a number of issues were identified that would require attention, we found no deal-stopper. 2. Worked with S&T and Chrysler Corporation in Newark, DE to investigate the circumstances involving the venting of HCL vapors from a Vista transport during a product delivery for LCI, an acid distributor. The event resulted in a short evacuation of a production line at the Chrysler facility. To date, there is conflicting information as to the circumstances of the release. 3. We have received comments from EPA regarding our VMC-100 pesticide registration application. The agency is requesting label revisions, storage stability data and additional environmental fate data. We believe all of the requests can be answered in 30-45 days and a conditional registration obtained. 4. Attended Environmental Audit Roundtable meeting in Washington, DC. 5. Provided assistance to the Aberdeen Plant on the applicable DOT regulations covering the shipment of mixed hazardous wastes. 6. Reviewed and commented on the Premanufacture Notification for the new ethoxylation catalyst. 7. The first draft of the TSCA Inventory Update is complete and will be submitted to the EPA next week. Thomas G. Grumbles ajo/9 VVV 000015674 TO: D. A. Kuhn FROM: DATE: Interoffice Communication gygj. T. G. Grumbles December 19, 1986 PROGRESS REPORT FOR THE WEEK ENDING DECEMBER 19, 1986 VIS1A 1. Attended the Vinyl Institute Safety, Health, and Environment Committee meeting. 2. Advised Aberdeen regarding production of FDA-allowed 5415 (X-42). 3. EPA proposed a rule that could ban the land disposal of waste PVC. JCL is working with the Vinyl Institute to develop comments for the public hearing in January. 4. Occidental's VCM NESHAP's lawsuit has been amended to include every excursion from the standard occurring over the last 5 years. At the maximum penalty of $25,000 per excursion, the potential penalty is $15,000,000. 5. Provided information to VCFE on TSCA regulations concerning the import of ALFOL 14 and 16 NF to the United States. 6. Updated federal environmental regulations for the plants. 7. The TSCA Inventory Update was completed and will be submitted to the EPA on Monday, December 22. 8. A MSDS and label were prepared for the new Novel ethoxylation catalyst. 9. DOT incorporated the Superfund list of chemicals into the Hazardous Materials Table. Approximately 300 previously unregulated materials will be regulated under DOT after January 1, 1987, and must be packaged, marked, labeled and shipped accordingly. Changes have been made to the COEDS hazardous materials description file. VVV 000015675