Document gb58xz8KD24G57ko84QkzgvQ

DATE: TO: ATTN: TELEFAX NO: FROM: McGRAW CONSTRUCTION COMPANY, INC. Engineers And Constructors 31 S. Canal Street P.0. Box 370 Middletown, Ohio 45042 (513) 422-4521 Telex: 288041 Fax: (513) 423-5384 TELEFAX COVER SHEET October 11, 1988 International Mill Service , Inc. Mr. Coy Purcell (215) 963-2588 1 PLAINTIFF'S 1 EXHIBIT 1 MGC-52 1 J 1 C. J. Ryburn CONTRACT OR JOB NUMBER: SUBJECT: 382 Armco Middletown Works Maintenance Contract OSHA Citations REMARKS: See attached 7 TOTAL PAGES INCLUDING THIS COVER SHEET CJR/cao , v \ McGCon 2311 RECEIVED SEP 2 1 1988 U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION CINCINNATI AREA OFFICE `REGION V Federal Office Building, Room 4028 550 Main Street Cincinnati, Ohio 45202 September 14, 1988 r^eived SEP 1 3 1988 fteGraw Construction Company, Inc. P.O. Box 370 Middletown, OH 45042 Dear Sir: Enclosed you will find citations for violations of the Occupational Safety and Health Act of 1970 (the Act) which may have accompanying proposed penalties. Also enclosed is a booklet which explains your rights and responsibilities under the Act. If you have any questions about the en closed citations and penalties, I would welcome further discussion in person or by telephone. You will note on page 9 of the booklet that, for violations which you do not contest, you must (1) notify this office promptly by letter that you have taken appropriate corrective action within the time set forth on the citation; and (2) pay any penalties assessed. Please inform me of the abatement steps you have taken and of their dates together with adequate supporting documentation; e.g., drawings or photographs of corrected con ditions, purchase/work orders related to abatement actions, air sampling results. Tnis information may allow us to close the case. As indicated on page 10 of the booklet, you may request an informal confer ence with me during the 15-working-aay notice of contest period. During such an informal conference you may present any evidence or views which you believe would support an adjustment to the citation or the penalty. McGCon 2312 If you are considering a request for an informal conference to discuss any issues related to this Citation and Notification of Penalty, you must take care to schedule it early enough to allow time to contest after the informal conference, should you decide to do so. Please keep in mind that a written letter of intent, to contest must be submitted to the Area Direct or within 15 working days of your receipt of the citation. The running of this contest period is not interrupted by an informal conference. You must take care to schedule it early enough to allow time to contest after the informal conference, should you decide to do so. If you decide to request an informal conference, please complete the attached notice at the bottom of this letter and post it next to the citations as soon as the time, date, and place of the informal conference have been determined. Be sure to bring to the conference with you any and all supporting documentation of existing conditions as well as of any abatement steps taken thus far. If conditions warrant, we can enter into an informal settlement agreement which amicably resolves this matter without litigation or contest. Sincerely, William M. Murphy Area Director Enclosures 2 McGCon 2313 NOTICE E2 EfPLPffiES An informal conference has been scheduled with OSHA to discuss the citations issued on September 14, 1988. The conference will be held at the OSHA office located at Federal Office Building - Room 4028, Cincinnati, Ohio 45202 on at -3- McGCon 2314 NOTICE Pursuant to the Debt Collection Act of 1902 (Public Law 97-365) and re gulations of the Department of Labor (29 CFR Part 20), effective March 6, 1985, the Occupational Safety and Health Administration is required to assess interest, penalties, and fees to cover the administrative costs of collecting delinquent penalties for violations of the Occupational Safety and Health Act. Interest charges are assessed at an annual rate determined by the Secretary of the Treasury. This rate is currently 67.. Interest shall accrue from the date on which the citation and penalty (as proposed or adjusted) became a final order of the Occupational Safety and Health Review Commission (that is, 15 working days from your receipt of the citation and proposed penalty, unless you file a notice of contest). Interest charges shall be waived if the full amount owed is paid within 30 days of the final order. After 30 calendar days, the debt shall be delinquent unless a satisfactory payment arrangement has been made. Agencies of the Department of Labor are required to assess the administrative costs of recovering delinquent debts. If the debt remains delinquent for more than 90 calendar days, an addition al penalty of six percent (67.) per annum shall be assessed accruing from the date that the debt became delinquent. To avoid additional charges, please remit payment promptly to this Art-.rt Office for the total amount of the uncontested penalties shown on the citation. Make your check or money order payable to: ''POL- OSHA." Please indicate OSHA's Inspection Number and Reporting ID (see citation) on the remittance. Sincerely, William M. Murphy Area Director Date: September 19, 1986 McGCon 2315 .S. Department of Labor ccupational Safely and Health Administration l^&?{l4nWCr0,-P(SBi,y ederal Office Building - Room 4028 >50 Main Street Cincinnati, OH 45202 1. Type of VAoiation(s) 2. Citation Number The violatiorys) described in this Citation are alleged to have oc curred on or about the day the inspection was made unless otherwise indicated within the description given below. Serious 01 11. Inspection Site: 3. Issuance Date 4. Inspection Number 09/14/88 101318756 5. Reporting ID 0522000 6. CSHO ID W9820 7. Optional Report No. 450 8. Page No. 1 of ^ 10. Inspection Dale(s): 8/17/80 - 8/17/88 1801 Crawford St 9-To: Middletown, OH 45042 (fcGraw Construction Company, Inc. and its successors P.O. Box 370 Certified Mail No. 984482 Middletown, OH 45042 Return Receipt Requested Attn: President THE LAW REQUIRES that a copy of this Citation be posted immediately in a prominent place at or near the location of violation(s) cited below. The Citation must remain posted until the violations cited below have been abated, or tor 3 working days (excluding weekends and Federal holidays), whichever is longer. This Citation describes violations of the Occupational Safety and Health Ad of 1970. The penalties) listed below are based on these violations. You must abate the violations referred to in this Citation by the dates listed below and pay the penalties proposed, unless within 15 working days (excluding weekends and Federal holidays) from your receipt of this Citation and penalty you mail a notice of oontest to the U.S. Department of Labor Area Office at the address shown above. (See the enclosed booklet which outlines your rights and responsibilities and should be read in conjunction with this form.) You are further notified that unless you inform the Area Director in writing that you intend to contest the Citation or proposed penalties within 15 working days after receipt, this Citation end the proposed penalties will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation does not constitute a finding that a vioiation of the Ad has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless the Citation is affirmed by the Review Commission. 12. Item Number 13. Standard. Regulation or Section of the Act Violated 14. Description 15. Date by Which Violation Must Be Abated ' 29 CFR 1926.21(b) (2): The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the re gulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury: Immediately Upon Receipt (a) Laborers working at Armco Inc.'s Middletown Works Door 661, removing refractory material contaminated in some places with asbestos from aluminizing Pot A during the period August 2-10, 1988, were not advised of the presence of asbestos or the 0SHA regulations involving asbestos, 29 CFR 1926.58. FwiaMet Aft Out Within 15 Day* of Raceipt of TMt KoUftesttw. Unless Contested (See enclosed Booklet) This Sects May Be Detached Before Posting 16. Penal- 800. C McGCon 2316 17. Area Director/ William M. Murphy - Area Direc >J2a NOTICE TO EMPLOYEES -- The law gives an employee or his representative the opportunity to object to any abate ment date set for a violation if he believes the date to be unreasonable. The contest must be mailed to the U.S. Department of Labor Area Office at the address shown above within 15 working days (excluding weekends and Federal holidays) ol the receipt by the employer of this Cita tion and penalty. 'LOYER DISCRIMINATION UNLAWFUL -- The law pro hibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes that he has been discriminated against may file a complaint no later than 30 days afler the discrimination with the U.S. Department of Labor Area Of fice at the address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and \?ast F Tot Pen; tcomr 1 M*k. C Momv P*yt DOL- Ind hut t Lf*S. Department of Labor Occupational Safety and Health Administration Citation and Notification of Penalty US Department of Labor - OSHA Federal Office Buildine - Room 4026 550 Main Street Cincinnati, OH *45202 1/Type ol Violations) ; 2. Citation Number The violations) described In this Citation are alleged to have oc curred on or about the day the inspection was made unless otherwise indicated within the description given below. Serious 01 11. Inspection Site: 3. Issuance Dale 4. Inspection Number 09/1*4/88 101318756 6. Reporting ID 6. CSHO ID 0522000 V9820 7. Optional Report No. 8. Page No. *450 2 of 2 10. Inspection Date(s). 8/17/88 - 8/17/88 ffcGraw Construction Company, and its successors P.0. Box 370 Middletown, OH *450*42 Inc. 1801 Crawford St Middletown, OH *450*42 THE LAW REQUIRES that a copy ot this Citation be posted immediately in a prominent place at or near the location of violation(s) cited below. The ' Citation must remain posted until the violations cited below have been abated, or tor 3 working days (excluding weekends and Federal holidays), whichever i is longer. This Citation describes violations ot the Occupational Safety and Health Act of 1970. The penatty(ies) listed below are based on these violations. You must abate the violations referred to in this Citation by the dates listed below and pay the penalties proposed, unless whhin 15 working days (excluding weekends end Federal holidays) from your receipt ot this Citation and penalty you mail a notice of contest to the U.S. Department of Labor Area Office at the address shown above. (See the enclosed booklet which outlines your rights and responsibilities and should be read in. conjunction with this form.) You are further notified that unless you inform the Area Director in writing that you intend to contest the Citation or proposed penalties within 15 working days after receipt, i , , 1 this Citation and the proposed penalties will become a final order of the Occupational Satety and Health Review Commission and may not be reviewed by any court or agency. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless the Citation is affirmed by the Review Commission. ________________________________ ___ __________ _______ 12. Item Number 13. Standard. Regulation or Section of the Act Violated 14. Description 15. Date by Which Violation Must Be Abated Pwurte An Dim Within 1 Days of Recaipl of Thu HoOhcab. Union Content (Set endoseo Booklet) This Sec May Be Detacher Betore Posting 16. Pern 2 Immediately 29 CFR 1926.58(e)(1 ): The employer did not establish a regulated area Upon Receipt in work areas where airborne concentrations of asbestos exceeded or could reasonably be expected to exceed the permissible exposure limit of 0.2 fibers per cubic centimeter as averaged over an 8-hour workshift. 800. (a) During the teardown of Pot A at No. *4 Aluminizing Line, Door 661 at Armc.o Inc.'s Middletown Works, employees were exposed to dry asbestos materia] during its removal where compressed air was used and no regulated area was established. 3 29 CFR 1926.58(f ) (1 ) (i): The employer did not perform air monitoring to accurately determine the airborne concentrations of asbestos to which employees were exposed. Immediately Upon Receipt 800 (a) The laborers involved in the removal of refractory material contaminated with asbestos from August 2-10, 1988, at Armco Inc's Middletown Works, Door 661, Pot A, were not monitored to determine their exposure to airborne asbestos concentrations. McGCon 2317 17. Area Director/ William M. Murphy - Area Director]C. (a) 18. $ 2*400 NOTICE TO EMPLOYEES -- The law gives an employee or his representative the opportunity to object to any abate ment date set (or a violation if he believes the date to be unreasonable. The contest must be mailed to the U.S. Department of Labor Area Office at the addrs-shown above within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this Cita tion and penalty. EMPLOYER DISCRIMINATION UNLAWFUL -- The law pro hibits discrimination by an employer against an employee-lor filing a complaint or for exercising any rights under this Act. An employee who believes that he has been discriminated against may file a complaint no later than 30 days afler the discrimination with the U.S. Department of Labor Area Of fice al the address shown above. EMPLOYER RIGHTS AND RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities and should be read in coniunction with this notification Tot Peru tor 1 CtW fcUkt C* Morwy Pyb *'DOL-< Inio* Nun FWmii