Document ba7qJ206rNp93BmBynQJNe4wk

PLAINTIFFS EXHIBIT MGCr53. MCGRAW CONSTRUCTION COMPANY,INC/ ENGINEERS & CONSTRUCTORS MEMORANDUM CONT. NO. TO: FROM: SUBJECT: Mark Brewer c- Ryburn osha proposed settlement FOR CITATION AT ARMCO DATE: 11/16/88 Agreement has been reached (a general consensus) by our manage ment, including yourself. Bill Brewer, Coy Purcell, Dave Kramer, and the writer, that we should accept the OSHA settlement. An $800 check is attached for your submittal, along with the signed form. Please copy all concerned with your signed form. CJR/cao Attachment 11/02-14 cc: D. H. Kramer ; B. R. Brewer Coy Purcell M. A. Bach C. Heffner N. R. Patel McGCon 1994 10:31 r C M T0 Hc bPMW-CENTPAL F . G2 MCGRAW CONSTRUCTION COMPANY,INC/ ENGINEERS & CONSTRUCTORS MEMORANDUM CONT. NO. TO: FROM: SUBJECT: C. J. Ryburn B. R. Brewer OSHA DATE: November 9, 198S The attached letter is the latest proposal from OSHA, regarding the Asbestos incident at Armco Inc. in Middletown, Ohio. The latest determinations seem to me to be acceptable, and I suggest we forward these people an Eight Hundred Dollar check and end this situation. If you are in agreement, please let me know the direction of the resolution. BRB:hr Attachment V (CUtC i/(^OA^~<l X Bill R. Brewer McGCon 1995 U.S. Department of Labor Office of the Solicitor 881 Federal Office Building 1240 East Ninth Street Cleveland. Ohio 44199 Reply to the Attention of: (216) 522-3878 (FTS) 942-3878 November 4. 1988 Mr. D. Mark Brewer McGraw Construction Company P.O. Box 370 Middletown, Ohio 45042 Re: Secretary of Labor v. McGraw Construction Co. OSHRC Docket No. 88-2264 RECEIVED NOV 0 9 1988 Dear Mr. Brewer: Pursuant to our telephone conversation on November 3, 1988, I have enclosed for your review an original and three (3) copies of a proposed Settlement Agreement relating to the contested citation at issue in the above-referenced proceeding. Please call me at your earliest convenience after you have had the opportunity to review the proposed Agreement. Sincerely WILLIAM S. KLOEPFER tor Enclosures SOL:BCH:SML SOL NO. 13767 McGCon 1996 UNITED STATES OF AMERICA OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION SECRETARY OF LABOR, Complainant, V. McGRAW CONSTRUCTION CO. Respondent. OSHRC Docket No. 88-2264 SETTLEMENT AGREEMENT In full settlement and disposition of the issues in this proceeding it is hereby stipulated and agreed by and between the Complaint, Secretary of Labor, and the Respondent, McGraw Construction Co., that: 1. Item 1 of Citation No. 1 and the proposed penalty of $800 shall be affirmed; 2. Items 2 and 3 of Citation No. 1 and the proposed penalties shall be vacated and dismissed; 3. Respondent represents that the conditions described in Item 1 of Citation No. 1 have been abated; 4. The total penalty due in this proceeding is $800 which Respondent agrees to pay to Complainant; 5. Respondent hereby withdraws its notice of contest with respect to Citation No. 1 as modified by this Agreement; 6. The parties agree to the entry of a final order consistent with the terms of this Agreement; McGCon 1997 ( 7. None of the foregoing agreements, statements, stipulations and actions taken herein by Respondent shall be deemed an admission by Respondent of the allegations contained in the citation. The agreements, statements, stipulations and actions herein are made solely for the purpose of settling this matter economically and amicably and they shall not be used for any other purpose, except for subsequent proceedings and matters arising under the Occupational Safety and Health Act of 1970; 8. Each party hereby agrees to bear its own fees and other expenses incurred by such party in connection with any stage of this proceeding; 2 McGCon 1998 9. Respondent certifies that a copy of this Agreement was posted at its principal office in Middletown, Ohio on , 1988 to afford notice employees. Dated: D. MARK BREWER General Superintendent McGraw Construction Co. P.0. Box 370 31 S. Canal Street Middletown, Ohio 45042 (513) 422-4521 881 Federal Office Building 1240 East Ninth Street Cleveland, Ohio 44199 (216) 522-3878 OF COUNSEL: GEORGE R. SALEM Solicitor of Labor JOHN H. SECARAS Regional Solicitor WILLIAM S. KLOEPFER Associate Regional Solicitor SOL NO. 13767 3 McGCon 1999 sSWa DATE: TO: ATTN: McGRAW CONSTRUCTION COMPANY, INC. Engineers And Constructors 31 S. Canal Street P.O. Box 370 Middletown, Ohio 45042 (513) 422-4521 Telex: 288041 Fax: (513) 423-5384 TELEFAX COVER SHEET November 10, 1988 IMS - Philadelphia Mr. Coy Purcell TELEFAX NO: (215) 963-2588 FROM: C. J. Ryburn CONTRACT OR JOB NUMBER: SUBJECT: 382 Correspondence from U.S. Department of Labor RE: OSHRC Docket No. 88-2264 REMARKS: See attached t TOTAL PAGES INCLUDING THIS COVER SHEET McGCon 2000 gfggfa DATE: TO: ATTN: TELEFAX NO: FROM: McGRAW CONSTRUCTION COMPANY, INC. Engineers And Constructors 31 S. Canal Street P.O. Box 370 Middletown, Ohio 45042 (513) 422-4521 Telex: 288041 Fax: (513) 423-5384 TELEFAX COVER SHEET November 10, 1988 McGraw Construction Co., Inc. Mr. Bill R. Brewer (219) 787-8907 C. J. Ryburn CONTRACT OR JOB NUMBER: SUBJECT: 38 2 Correspondence from U.S. Department of Labor RE: OSHRC Docket No. 88-2264 REMARKS: See attached TOTAL PAGES INCLUDING THIS COVER SHEET McGCon 2001 CJR/cao