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FILE NAME Kohler KOH DATE 1975-1979 DOC KOH029 DOCUMENT DESCRIPTION Interviews and Citations r for T. P. Norris . ; . H. C. Thurber J. E. Walsh '" | File Walsh File oo a, - . a . mo, Caldria Caldria CaldrCiaaldCraiaClaldria dCraldiriaa KOI TSIOS , a , ae a UNUNIIOONN CARBIDE CARBIDE CORPORATIONCORPORATION P.O. Box 579 Niagara Falls N.Y. 14302 . .: . : AP 21 R 19197755 sages . - Dm ~ ee oo 8 E..J E..J Kleber with *. ot Be Date Date 3/11/75 3/11/75 Full Name ; Address Interplastics Corporation Minneapolis MN 7 . Mfrs of Interviewed Jim Wallenfelz - General Manager Terry McCabe - Technical Services - Doug Guenther Technical Servies . . ' OBJECTIVES Turn over call with T. P. Norris OBSERVATIONS St - De a Business is a little slow at Interplastics but they are using the extra time to expand their product lines Terry McCabe is going to head up a new group of technical people for purpose Fred Kwan ex AMOCO has recently come up with a new retardant polyester known around Interplastics as of this Fred Kwan No. ) to compete directly with Hooker Hetron others type 244 is in this resin We are also going into filament winding and laminating . resins This appears to be another case of a company putting 244 to work on on new formulations but not reformulating old ones We now have a substatial portion of their business and it should be increasing all the time We were given a history lesson by Terry which goes as follows follows Interplastics is only about 15 years old They have a lot of financial backing which explains why they are hiring people and expanding plants in these hard times Of the newer polyester producers only sells more resin but according to Terry Interplastics is immensely more profitable They have always been very aggresive and will probably continue to be so They leave one with the Impression of a very hungry group Doug and Terry are both interested in handling . to have another fiber count run We agreed and to make an appointment problems with 244 will phone Terry 3/31 and want or 4/1 ; : _ One of the purposes of seeing Jim Wallenfelz was to break the news on the 244 price increase He took it very calmly and in fact ended up cussin out Cabot for their very high increases We suggested that if they are running low on 244 they should order before 4/1/75 and save 80 to check and let us know : Wallenfelz promised ; We certainly seem to be in solid here and getting into more resins all the ime Although Terry spends most of a call trying to confuse you it's obvious he likes likes 244 and will continue to look for new uses Somewhere in this smokescreen he casually mentioned building a plant in California San Diego I think Whether this is wishful thinking or on the drawing boards is just impossible to find out One thing for sure we aren't going to know until they want us to RECOMMENDED ACTION EJK - Call follow follow Terry 3/3o1r 4/1 to arrange a . fiber count Continue normal . Typed 4/7/75 ds for B. H. B. Rhodes - Niagara Falls Caldria Caldria Caldria CalCald dria Ar SBi ESTa OS R. E. Byrne - Niagara Falls T. P. Norris - Chicago W. KC Thurber C. - Files : NY 38 UNION CARBIDE CORPORATION NF Files P.O. Box 579 Niagara Falls N.Y. 14302 Full Name ~s Address Mfrs of | . Interplastics Pryor Oklahoma Polyester Resins Date 5-22-75 Interviewed Gerry Gerondale Plant Manager | Call made on new 244 carload in this geography . The plant opened about a year ago but last month's carload was the .first direct shipment they received They did receive a carload a couple of months ago but it was stopped off here enroute to Minneapolis Right now space is limited and Gerry wasn't sure they would go to the stop off route . again the next time they need material Production is erratic on thixed resins ' as they make a variety for the tank coating boat automotive and anitaryware markets Briefly discussed the toxicology topic and our latest information on the subject has been sent to him Left Gerry with my card in case they had an emergency or if he felt I could help him in anyway HBR have you They someone in ; are the interested in area Please ; having a put them dust count done on your list of the next stops to time we make Thank JEW Once a year courtesy call frequency should be sufficient 8 omy o Oe wy yee * s8Y Home o0 e849 Pe { e prehaseme = Ng : Quem ee eyes Swe . es ee mm gpe C J. E. Lenahan T. P. Norris R. L. Schult W. C. Thurber J. E. Walsh | File J. V. Murray Calidria Calidria Calidria ASBESTOS . UNION CARBIDE CORPORATION P.O. Box 579 Niagara Falls N.Y. 14302 . - - E. J. Kleber and By H. B. Rhodes Date 9/2 - 9/5/75 Full Name Interplastic Corp. Minneapolis MN Address Mfrs of Interviewed Howard Melin Terry McCabe Doug Guenther Marvin Weiss Mike Nyland - Corp. Sec'y - Chief Chemist - Technical Sup't - Plant Mgr - OSHA Industrial Hygenist . OBJECTIVES Help Interplastic understand and if necessary fight their recent OSHA citations OBSERVATIONS Interplastic has been cited for 3 violations 1. No initial fiber count 2 3 Poor housekeeping No medical exams Terry McCabe called on 9/2 and asked for help He requested we come in and explain the regulations as we saw them and also run a fiber count We of course agreed to help in any way possible and told him we'd be in on 9/5 On 9/3 Terry called back and said they had decided to invite Mike Nyland of OSHA We agreed that this was a good idea and decided to get together the to get a head start on the meeting and try to let Interplastic know their citations to this meeting evening of 9/4 how we stood on 9/4/75 A meeting was held with Howard Melin Doug Guenther and Marvin Weiss We proceeded to go over the OSHA citation point opinions based largely on H.B. Rhodes conversations this week with UCC's law dept reflecting our J.V. Murray in 1. No Fiber count - poppycock We had conducted a test for them in October of 1972. This is irrefutable fact Upon discussion with Interplastic however it was learned that a mix had occurred and they couldn't lay their hands on it when Nyland asked they have since found it Report of Call Interplastic Corp. Minneapolis MN 9/2 - 9/5/75 2. 3. Housekeeping - the sticky part of this violation is that the law reads All external surfaces in any place of employment shall be maintained free of accumulations of asbestos fibers if with their dispersion there would be an excessive concentration No definition of excessive concentration is made and therein lies the rub Our belief is that it should mean in excess of the limits Medical exams - as we all know this is an extremely gray area that is only going to be solved by a revision of the standard The Interplastic hang obviously is the definition of the word exposed Interplastic is probably wide open on that one We discussed these points at some length and left with the impression that Interplastic was not about to be railroaded into paying fines etc. unless they were absolutely sure they violated the law 9/5/75 We met with Messrs Melin Guenther Weiss and Terry McCabe from Interplastic plus Mike Nyland from OSHA Nyland comes across as a reasonable guy who has been given the job of en- forcing standards which are by his own admission darn near impossible to understand It is an unenviable position to be in and he deserves high marks for coming into the lion's den and explaining his thoughts Unfor- tunately his thoughts are as vague as the standard For example he said that Interplastic probably wouldn't have been cited had they shown him their fiber count and their asbestos handling program We never did find out what an asbestos handling program is He also admitted that both the house- keeping and medical exam citations were based on his personal feelings rather than any hard and fast rules it is important to note here that OSHA has never collected air samples at Interplastic Terry McCabe made the comment that it is difficult enough to look into a crystal ball and predict how a particular inspector is going to interpret the law let alone anticipate something that the standard doesn't call for but still wouldn't change his opinion Nyland more or less agreed A number of other points were covered such as definitions of exposure excessive concentration sampling times housekeeping guidelines etc. None of these questions were satisfactorily answered and Nyland departed leaving everyone as confused on in that meeting it was decided to have an OSHA regional director ASAP as ever informal Based on what went discussion with the A fiber count was run and the results showed any significantly below levels that OSHA has sample = 1.0 fibers that Interplastic was set up Ceiling concentration Interplastic Corp. Minneapolis MN RECOMMENDED ACTION E. J. Kleber - Interplastic is willing to pursue these citations and it certainly is in our best interest to give them as much support as possible During all our discussions they have never mentioned any possibility of dropping the use of 244 and we need to make sure that it doesn't happen ADDED NOTES For those who haven't had the opportunity to see one a copy of the citation is attached We have a meeting set up with the Regional Director of OSHA on 9/11/75 ; E. J. Kleber and J. L. Myers will attend with Interplastic personnel Typed 9/12/75 ejp Attachment Room 437 Federal Courts Building 110 South Fourth Street Minneapolis Minnesota 55401 JANEA 4760 REGION 5 L ms ee ffo, i 12, H ' Interplastic Corporation ! ' 2015 N.E. Broadway H \ Minneapolis Minnesota 55413 : ' j Mm me ee memes ee me ee ee el Subject Citation for Alleged Occupational Safety and Health Violation An inspection of a place of employment has revealed conditions which we believe do not comply with the provisions of the Occupational Safety and Health Act of 1970 29 U.S.C. 651 et seq The nature of such alleged violation is described in the enclosed citation with references to applicable standards rules regulations and provisions of the said Act These conditions must be corrected on or before the date shown to the right of euch alleged nolation therein The Act requires that a copy of the enclosed citation be prominently posted in a conspicuous place upon receipt at or near each place a violation referred to in the citation occurred It must remain posted until all violations cited therein are corrected or for 3 working days whichever period is longer A sufficient number of copies of the attached citation should be prepared to permit posting in accordance with the requirements of the Act The Act provides for penalties for violation of the posting requirements You are hereby notified or will soon be notified whether or not penalty will he proposed as a result of the cited violation You have the right to contest any or all parts of either the citation or the proposed penaltyties before the Occupational Safety and Health Review Commission The Review Commission is an independent agency with authority to issue decisions regarding citation and proposed penalty If you do contest you should submit a letter to the Area Director at the address shown above within 15 working days after receipt of the certified mail notice regarding proposed penalty If you fail to contest within the 15 working day period the citation and the penalty as proposed shall be deemed to be a final order of the Review Commission and not subject to review by any court or agency If an employer contests the citation the abatement period specified therein does not begin to run until the date of the Commission's final order in the case PROVIDED the employer initiated his contest in good faith and not solely for delay or avoidance of penalties | You have a right to request a discussion with the Area Director concerning any results of the inspection abatement dates citations penalties etc. Please direct correspondence to or call the Area Director at the address shown at the top of this letter A request for an informal discussion cannot extend the 15 working day period allowed for filing a notice of contest Therefore a request for an informal discussion should be brought to the attention of the AporsesaiDbilreector prior to the end of the 15 working days allowed for filing a notice of contest preferably as soon as An employee or representative of employees may file a notice letter to contest the reasonableness of the time stated in the citation for the abatement of the alleged violation Alleged violations that are not contested shall be corrected within the abatement period specified in the citation A followup inspection may be made for the purpose of ascertaining that the employer has posted the citation as required by the Act and corrected the alleged violations Failure to correct an alleged violation within the abatement period may result in further proposed penalties for each day the alleged violation has not been corrected Timely correction of an alleged violation does not affect the initial proposed penalty Correction of alleged violations which have an abatement period of 30 days or less should be reported in writing to the Area Director promptly upon correction Reports of corrections should show specific corrective action on each such alleged violation and the date of such action On alleged violations having an ahatement date of more than 30 days a written progress report should be submitted each 30 days The progress report should detail what has been done what remains to be done and the time needed to fully abate each such violation When the alleged violation is fully abated the Area Director should be so advised The Act provides that whoever knowingly gives false information is subject to a fine up to 10,000 imprisonment up to 6 months or both If you wish additional information you may direct such request to the undersigned at the address shown above Occupational Under the Safety and Health Art the term Working Day means Mondays through Friday~-but does not include atur- daya Sundays or Federal Holidays 3. Citation Enclosed Quantity Pages Nonserious Serious : Willful _ and Repeated __- . U.S. Department of Labor by Area Director Vernon P. Fern ; co 4. Notification of Proposed Penalty enclosed 5 Ver 21. f yeas Ver Yes No August 29 19 25 OSHAJC CITATION Room 437 Federal Courts 110 South Fourth Street Minneapolis Minnesota Building 55401 a> [ 4760 | cleataaiadiemtnadcnieadenediond wr TO L meee ee weer | aineeiedadadieiniame ! i Interplastic Corporation | 2015 N.E Broadway } : Minneapolis Minnesota 55413 i t ! ! L-_~--- _t 4 Number 3. Cilation 2 4. Page 1 of 5 1. 6 . TYPE OF ALLEGED VIOLATION . 7 An inspection was made Augu 27st 1975 2 8 : 2015 N.E. Broadway Minneapolis MN Manufacturer of polyester resins 55413 of a place of employment located at follows and described as : 1 r4 On the basis of the inspection it is alleged that you have violated the Occupational Safety and Health Act of 1970 a 29 U.S.C. 651 et seq in the following respects J IQ Item iy 4 number 11 Standard regulation or section of the Act allegedly violated f All References are : from Title 29 CFR : Part 1910 Wy ) 1. | 1910.93a 4 5 12 Description of alleged violation 13 Date by which alleged violation must be corrected ' Employees exposure to asbestos has not been monitored } in order to determine whether the exposure to asbestos fibers is below the limits perscribed in 1910.93a Oct. 29 } e 1975 i i 2. | 1910.931a BE : : 4 External surfaces have not been maintained free of accumulations of asbestos fibers For example Areas in which the asbestos is stored was observed to have significant amounts of free asbestos on the floor on the bags of asbestos and on the asbestos skids Sept. 12 1975 " 3. | 1910.931a + 3 Medical examinations as required by 1910.93a Nov. 28 1975 & 4 have not been provided to employees exposed to asbestos 8 } 4 i, 4 pe 4 d id The law requires that a copy of this citation shall be prominently posted in a conspicuous place at or near = each place that an alleged violation referred to in the citation occurred The citation must remain posted until all ' 7 alleged violations cited therein are corrected or for 3 working days whichever period is longer 5 RIGHTS OF EMPLOYEES i Any employee or representative of employees who believes that any period of time fixed in this citation for the correction of . J a violation is unreasonable has the right to euntest such time for correction by submitting a letter to the U.S. Department of Labor , a at the address shown above within 15 working days of the issuance of this citation 1 . No person shall discharge or in any manner discriminate acainst any employee because such employer has filed any complaint " or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this Act Sec 11 sd 1 of the Occupational Safety and Health Act of 1970 29 U.S.C. 651 660 x er the Occupational Safety and Health Act the term Working Day means Mondays through Fridays but does not include Saturdays Sundays cal Holiday / * Signature ac 2 oe RBAEEG Se AN ee Baa Issuance Dale Augu 29st 19 _25_ RazTEA PEs We Ae Be VEL ee Ve US Es Re a eects ake WhetEs ser dhe ae bes OT Gh TA ee BE KVV M21 revel81 GUWALD W461MANI~ 110 South Fourth Street . Minneapolis Minnesota . 55401 | 4760 , | n a : ee ee ee oe Oe ee em oe em me om ag ' TO 3 , 2 Interplastic Corporation t Minnesota 2015 N.E. Broadway t | | Minneapolis 55413 Date ' *. Date August 29 1975 THERE IS NO REQUIREMENT THAT ' : . ' THIS NOTIFICATION BE POSTED NOTIFICATION OF PROPOSED PENALTY This notification and the penalty ies proposed by the Secretary of Labor shall be deemed to be the final order of the Occupational Safety and Health Review Commission an independent agency with authority to issue decisions respecting citations and proposed penalsies and not subject to review by any count or agency unions within 15 working days from the dare of recript of this notification you submit a letter of contest The letter of contest of this notification If should be mailed or otherwise delivered to the Area Director named below at the address shown at the top no astice of comest is filed within the 15 working day period the proposed penalty becomes linal and is immediately payable Aiea Payment of all penalties shown is to be made by Payment of penalties should be remitted to the check or money order payable to the order of Occupational Safety and Health Director at the address shown above United Section 17 of the Aer states Civil penalties owed under this Act shall be 10 the States and paid into the Treasury of the United States and shall secrue the distUrniicttemdbere the viomlaatyiobne irseaclolveegreedd tion haavcieviolccaucrtrieond ionr twhheerneamte heoefmtphleoyer hasSittastepsribnrcoiupgahltoifnftihceeUnited States disuict court loc ^n ^ nthi of thany August 1975 of the Occupational Safety and Health Act of a citation was issued to you in accordance with the provisions of Section Na 1970 84 Stat 1601 29 U.S.C. 651 et hereinaftet referred to as the Act You were thus aeq aptified of certain alleged violations of the Act as specified in thar citation - YprOoUpoAsReEd HbaIsEeRdEo Bn Y tNhOeTcIiFtIaEtDitohnat pursuant to the provisions of Section 10 of the Act the penaltyfies net forth below is are being NONSERIOUS SA Citativo Citativo No. 1 SB liem No. 1 ; 2 3 VIOLATIONS SC Proposed Penalty $ 150.00 90.00 90.00 6 6A Citation No. 6B lem No. VIOLATIONS 6C Proposed Pens~"Ly 7 Total Proposed Penalty for All Alleged Violations $ 330.00 ate Area 5 19 DirecDtiorerctor August 1925 proposed penalty 19 1925 The standards Rett for Nanserious Violations of safety and health standards reflects a 30 19 F to percent be taken within period the prescribed prescribed in the sitation If particular alleged violation is adjustment factor lus carrective action will adjustment will be added to such other penalty sa may period No abatement credit is allowed for violations of not corrected within this period the 30 percent suburquently be proposed for failure to correct a violacion within the abatement recordkeeping or posting requiremento QPQ 36-039 . OSHA.3 C J. E. Lenahan T. P. Norris R. L. Schult W. C. Thurber J. E. Walsh Files File J. V. Murray CalidriaCalidria STO : a - - UNION CARBIDE CORPORATION P.O. Box 579 Niagara Falls 14302 . H. Rhodes J. Kleber By B. B. and and Date 9/2 - 9/5/75 Full Name Interplastic Corp. Minneapolis Corp. Address Mfrs of Interviewed Howard Melin Terry McCabe Doug Guenther Marvin Weiss Mike Nyland - Corp. Sec'y - Chief Chemist - Technical Sup't - Plant Mgr - OSHA Industrial Hygenist . OBJECTIVES Help Interplastic understand and if necessary fight their recent OSHA citations . OBSERVATIONS Interplastic has been cited for 3 violations 1 No initial fiber count 2. Poor housekeeping 3. No medical exams Terry McCabe called on 9/2 and asked for help He requested we come in and explain the regulations as we saw them and also run a fiber count We of course agreed to help in any way possible and told him we'd be in on 9/5 called back and said they had decided to invite Mike Nyland of OSHA We agreed that this was a good idea and decided to get together the to get a head start on the meeting and try to let Interplastic know their citations On 9/3 Terry to this meeting evening of 9/4 how we stood on 9/4/75 A meeting was held with Howard Melin Doug Guenther and Marvin Weiss opinions We proceeded to go over the OSHA citation point opinions based largely on H.B. Rhodes conversations this week with . UCC's law dept reflecting our J.V. Murray in 1. No Fiber count - poppycock We had conducted a test for them in October of 1972. This is irrefutable fact Upon discussion with Interplastic however it was learned that a mix had occurred and they couldn't lay their hands on it when Nyland asked they have since found it Report of Call Interplastic Corp. ; Minneapolis MN 9/2 - 9/5/75 2. Housekeeping - the sticky part of this violation is that the law reads All external surfaces in any place of employment shall be maintained free of accumulations of asbestos fibers if with their dispersion there would be an excessive concentration No definition of excessive concentration is made and therein lies the rub Our belief is that it should mean in excess of the limits 3. Medical exams - as we all know this is an extremely gray area that is only going to be solved by a revision of the standard hang obviously is the definition of the word exposed is probably wide open on that one The Interplastic Interplastic We discussed these points at some length and left with the impression that Interplastic was not about to be railroaded into paying fines etc. unless they were absolutely sure they violated the law 9/5/75 We met with Messrs Melin Guenther Weiss and Terry McCabe from Interplastic plus Mike Nyland from OSHA Nyland comes across as a reasonable guy who has been given the job of en- forcing standards which are by his own admission darn near impossible to understand It is an unenviable position to be in and he deserves high marks for coming into the lion's den and explaining his thoughts Unfor- tunately his thoughts are as vague as the standard For example he said that Interplastic probably wouldn't have been cited had they shown him their fiber count and their asbestos handling program We never did find out what an asbestos handling program is He also admitted that both the house- keeping and medical exam citations were based on his personal feelings rather than any hard and fast rules it is important to note here that OSHA has never collected air samples at Interplastic Terry McCabe made the comment that it is difficult enough to look into a crystal ball and predict how a particular inspector is going to interpret the something that the standard doesn't call for but still wouldn't change his opinion law let alone Nyland more or anticipate less agreed A number of other points were covered such as definitions of exposure and excessive concentration sampling times housekeeping guidelines etc. None of these questions were satisfactorily answered Nyland departed leaving everyone as confused on in that meeting it was decided to have an OSHA regional director ASAP as ever informal Based on what went discussion with the A fiber count was run and the results showed any significantly below levels that OSHA has sample = 1.0 fibers that Interplastic was set up Ceiling concentration ew esmpes oe: Interplastic Corp. a Minneapolis MN RECOMMENDED ACTION E. J. Kleber - Interplastic is willing to pursue these citations and it certainly is in our best interest to give them as much support as possible During all our discussions they have never mentioned any possibility of dropping the use of 244 and we need to make sure that it doesn't happen ADDED NOTES For those who haven't had the opportunity to see one a copy of the citation is attached We have a meeting set up with the Regional Director of OSHA on 9/11/75 E. J. Kleber and J. L. Myers will attend with Interplastic personnel Typed 9/12/75 ejp Attachment Room 437 Federal Courts Building 110 South Fourth Street Minneapolis Minnesota 55401 jrnen 476D Meru 5 L J 12 : ' Interplastic Corporation H t 2015 N.E. Broadway ! ' Minneapolis Minnesota 55423 ! Se ee ee t ee A Subject Citation for Alleged Occupational Safety and Health Violation An inspection of a place of employment has revealed conditions which we believe do not comply with the provisions of the Occupational Safety and Health Act of 1970 29 U.S.C. 651 et seq The nature of such alleged violation is described in the enclosed citation with references to applicable standards rules regulations and provisions of the said Act These conditions must be corrected on or before the date shown to the right of each alleged violation therein The Act requires that a copy of the enclosed citation be prominently posted in a conspicuous place upon receipt at or near each place a violation referred to in the citation occurred It must remain posted until all violations cited therein are corrected or for 3 working days whichever period is longer A sufficient number of copies of the attached citation should be prepared to permit posting in accordance with the requirements of the Act The Act provides for penalties for violation of the posting requirements You are hereby notified or will soon be notified whether or not penalty ies will he proposed as a result of the cites violation You have the right to contest any or all parts of either the citation or the proposed penalty befor the Occupational Safety and Health Review Commission The Review Commission is an independent agency with authority to issue decisions regarding citation and proposed penalty If you do contest you should submit a letter to the Area Director at the address shown above within 15 working days after receipt of the certified mail to notice regarding proposed penalty If you fail a the penalty as proposed shall be deemed to be by any court or agency contest within the 15 working day period the citation and final order of the Review Commission and not subject to review If an employer contests the citation the abatement period specified therein does not begin to run until the date of the Commission's final order in the case PROVIDED for delay or avoidance of penalties the employer initiated his contest in good faith and not solely You have a right to request a discussion with the Area Director concerning any results of the inspection fabatement dates citations penalties etc. Please direct correspondence to or call the Area Director at the address shown at the top of this letter A request for an informal discussion cannot extend the 15 working day period allowed for filing a notice of contest Therefore a request for an informal discussion should be brought to the attention of the AporsesaiDbilreector prior to the end of the 15 working days allowed for filing a notice of contest preferably as soon as An employee or representative of employees may file a notice letter to contest the reasonableness of the time stated in the citation for the abatement of the alleged violation Alleged violations that are not contested shall be corrected within the abalement period specified in the citation A followup inspection may be made for the purpose ascertaining that the employer has posted the citation as required by the Act and corrected the alleged violations Failure to correct an alleged violation within the abatement period may result in further proposed penalties for each day the alleged violation has not been corrected Timely correction of an alleged violation does not affect the initial proposed penalty Correction of alleged violations which have an abatement abatement period of 30 days or less should be reported in writing to the Area Director promptly upon correction Reports of corrections should show specific corrective action on each such alleged violation and the date of such action On alleged violations having an abatement date of more than 30 days a written progress report should be submitted each 30 days The progress report should detail what has been done what remains to be done and the time needed to fully abate each such violation When Use alleged violation is fully abated the Area Director should be so advised The Act provides that whoever knowingly gives false information is subject to a fine up to 10,000 imprisonment up to 6 months or both If you wish additional information you may direct such request to the undersigned at the address shown above Under the Occupational Safety and Health Act the term Working Day means Mondays through Fridays but does not include Satur- days Sundays or Federal Holidays a Citation Enclosed Quantity Nonserious Pages l_ rn Setious Willful U.S. Department of Labor and Repeated by Area Director Vernon P. Fern Proposed 8. 4. Notification of Proposed Penalty enclosed . a 15 Sate Yes Yes No Dale August 29 19 25 OSHANC Rev. Sept. 197 CITATION Koom 437 Federal Courts Building 110 South Fourth Street 4760 5 Minneapolis Minnesota 55401 . J . monwsecg Interplastic Corporation 2015 N.E. Broadway Minneapolis Minnesota 55413 3 Lane om me on woe ow ow om a 6 . TYPE OF ALLEGED VIOLATION . 3. Citation Number i 4. Page 1 of $ 1 An inspection was made Augu 27st ss 1975 of a place of employment located at & 2015 N.E. Broadway MN Minneapol 55i 41s3 . and described as follows Manufacturer of polyester resins : : a 4 On the basis of the inspection it is alleged that you have violated the Occupational Safety and Health Act of 1970 29 U.S.C. 651 et seq in the following respects 10 11. Standard regulation 12 Item ry or section of the Act number p | allegedly violated Description of alleged violation 13. Date by which alleged violation must be corrected All References are from Title 29 CFR Part 1910 1 | 1910.93a 2. | 1910.931a 3. | 1910.93a | Employees exposure to asbestos has not been monitored in order to determine whether the exposure to asbestos fibers is below the limits perscribed in 1910.93a . Oct. 1975~fi 29 1975~fi External surfaces have not been maintained free of accumulations of asbestos fibers For example Areas in which the asbestos is stored was observed to have significant amounts of free asbestos on the floor on the bags of asbestos and on the asbestos skids Sept. 12 1975 : q Medical examinations as required by 1910.93a Nov. 28 1975 & 4 have not been provided to employees exposed to asbestos % ch on tee ah tat oe? -: a ay aeey The law requires that a copy of this citation shall be prominently pusled in a conspicuous place at or near each place that an alleged violation referred to in the citation occurred The citation must remain posted until all a alleged violations cited therein are corrected or for 3 working days whichever period is longer 4 RIGHTS OF EMPLOYEES Any employee or representative of employees who believes that any period of time fized in this citation for the correction of * a violation is unreasonable has the right to contest such time for correction by submitting a letter to the U.S. Department of Labor 67 at the address shown above within 15 working days of the issuance of this citation . 4 No person shall discharge or in any manner discriminate against any employee becaine such employer has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in such exercise J] proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this Act Sec 11 By, 1 of the Occupational Safety and Health Act of 1970 29 U.S.C. 651 660 IE A iy 7 f er the Occupational Safety and Health Act the term Working Day means Mondays through Fridays but does not include Saturdays Sunday~- al Holidays . Signature - Nee on MBE - Issuance August 29 19 _25__ - cas Geese Se Isuance HE Be Ba Bao . August August PRs VOD aM Bs AST VT 19 19 _25__ _25__ TR TB | Room 437 Federal Courts Building 110 South Fourth Street 4760 5 Minneapolis Minnesota 55401 tewanna en eee eee eee ee eee 1 { Interplastic Corporation 2015 N.E. Broadway 1 !i Minneapolis Minnesota* 55413 ' Hi ee ee eee 1 eee _-d . Date Date August 29 1975 THERE IS NO REQUIREMENT THAT THIS NOTIFICATION BE POSTED NOTIFICATION OF PROPOSED PENALTY penalty This notification and the ica proposed by the Secretary of Labor shall be deemed to be the final order of the Occupational Safety and and Health Review Commission fan independent ngraty with authority to issue decisions respecting citations proboard Denalties and not subject to review by say court or agency valeas within 15 working days from the date of receipt of this notification submit , you a letter of contest The letter of contest should be mailed or otherwise delivered to the Area Director named below at the address shown at the top penalty of this notification If an notice of contest is filed within the 15 working day period the proposed ies becomes linal and is immediately payable . by Payment of all penalties shown is to be made Payment of should penalties be the remitted to check or money order payable to the order of Occupational Safety and Health Area Director at the addiesa shown above Section 17 of the Aer states Civil penalties owed under this Act shall be paid into the Treasury of the United States and shall accrue to the United States and may be recovered in civil action in the name of the United States brought in the United States district court for the district where the violation is alleged to have occurred or where the employes has its principal office 4, 29th day August 1975 On the of a citation was issued to you in accordance with the provisions of Section Xs of the Occupationcertain al Safety and Health Act of 1970 84 Scat 1601 29 U.S.C. 651 et seq hereinafter referred to as the Act You were thus cotified of alleged violations of the Act as specified in that citation ~ ' being YOU ARE HEREBY NOTIFIED that pursusat to the provisions of Section 10 of the Act the penaltyfica set forth below is are proposed based on the citation 5. Citation No. 1 NONSERIOUS VIOLATIONS VIOLATIONS D lica No. bony Proposed Penalty 1 : $ 150.00 2 90.00 6 6A Citation No. 6B Item No. VIOLATIONS 6C Proposed Penalty W 90.00 ? . 7 Total Proposed Pensity for All Alleged Violations $ 330.00 Directo i} 1 Ar~ea 1 7 4 a1 Doct ; _August_22 25 The proposed penalty for standards percent cr Nonsesinos Violations of safety and health standards reflects a 30 1 adjustment factor for corrective action to be taken within the period prescribed in the citation If a particular alleged violation is not corrected within this period the 50 percent adjustment will be added to such other penalty as may subsequently be proposed for failure to correct a violation within the abatement period No abasemrat credit is allowed for vialations of recordkeeping or posting requirements IPO IN418 . OSHA.3 for a H. B. Rhodes - Niagara Falls Cab elrit Cabbelritt Cabbelritt Cabbelritt Cabbelritt ASDESTOS R. E. Byrne - Niagara Falls T. P. Norris - Chicago . . : W. C. Thurber - NY 38 UNION CARBIDE CORPORATION KC Files NF Niagara P.O. Box 579 Niagara Falls N.Y. 14302 By J. E. Walsh Date 5-22-75 Full Name ~s Address Mfrs of | , Interplastics Pryor Oklahoma Polyester Resins Interviewed Gerry Gerondale Plant Manager Call made on new 244 carload in this geography The plant opened about a year ago but last month's carload was the .first direct shipment they received They did receive a carload a couple of months ago but it was stopped off here enroute to Minneapolis Right now space is limited and Gerry wasn't sure they would go to the stop off route again the next time they need material Production is erratic on thixed resins as they make a variety for the tank coating boat automotive and sanitary ware markets Briefly discussed the toxicology topic and our latest information on the subject has been sent to him Left Gerry with my card in case they had an emergency or if he felt I could help him in anyway HBR have you They someone in are the interested in area Please having a put them dust count done on your list of the next time we stops to make Thank JEW Once a year courtesy call frequency should be sufficient sow eS weeny Se oe Or hay me ... ... AVM " " nef 6 mamemeermrers es ae C J. E. Lenahan T. P. Norris R. L. Schult W. C. Thurber J. E. Walsh F Fiilele J. V. Murray UNION CARBIDE CORPORATION P.O. Box 579 Niagara Falls 14302 By E. J. Kleber Date 9/17/75 Full Name Address Mfrs of Interplastic Corporation Minneapolis MN Interviewed Doug Guenther TELECON OBJECTIVES Find out what OSHA decided regarding Interplastic's citations as described in ROC's of 9/2 and 9/11 OBSERVATIONS EJK OSHA has withdrawn the citations for no fiber count and medical exams This leaves Interplastic with a 90 fine for poor housekeeping Doug admitted that the warehouse looked crummy the day the inspection took place incidentally the inspector took pictures and has decided to pay the fine They have written a letter to OSHA promising better housekeeping and enclosed their check All things considered Interplastic seems to have come out of this smelling like a rose At our last meeting we had all felt that OSHA would probably nail them for medicals Doug thinks that the housekeeping violation is more of a saving devise than anything He is probably right RECOMMENDED ACTION . is Conduct fiber count at their Pryor OK plant to insure that Interplastic is covered for any surprises there Continue normal sales follow ADDED NOTE They continue to praise us for very high on their Friends list This formulations our help and my guess is that we are should help us as they look at new Typed 9/17/75 cjb eed CUSTOMER & LOCATION Interplastic Corp. Minn MN INDUSTRY CLASSIFICATION SALESMAN Edward J. Kleber REGION Midwest Cr Mn Spec Si CaC PRODUCTS DISCUSSED W V_ Asb X DATE OF CALL 12-2-75 Other PERSONS INTERVIEWED Howard Melin Doug Guenther CALL OBJECTIVE Normal sales call on large 244 user RESULTS OF CALL but Interplastic is just beginning to come out of the Polyester sales doldrums doldrums and we should see a c order about January They have had a terrible terrible year in Polyester are confident that next year will see the return of normal business Terry McCabe Technical Director is under orders to replace Silica with with 244 wherever possible and has initiated a program to accomplish that that end Interplastic is very cost concious and as Silica prices continue to rise our chances of getting more business here should be better Incidentally they haven't heard a word from OSHA since the mess we went through with them in Sept. FOLLOW ACTION REQUIRED EJK Continue regular calls COPIES TO Gen'Ll. Mgr Sales Schult Schult 2 Mktg Services Services Others JRL TPN WCT : JEW FILE FILE Typed 12/2/75 ib CC J. E. Lenahan T. P. Norris R. L. Schult J. E. Walsh File J. V. Murray Calidria ASBESTOS UNION CARBIDE CORPORATION P.O. Box 579 Niagara Falls 14302 E. J. Kleber & By J. L. Myers Full Name Address Mfrs of Interplastic Corporation Minneapolis MN OBJECTIVES Interviewed Terry McCabe Doug Guenther Howard Melin ) Geisen R. J. Geisen ) B. Ekstrom Interplastic . OSHA Meet with Vern Fern area director of OSHA to try to resolve Interplastic's citations as described in ROC of 9/2/75 OBSERVATIONS EJK in San FraWneciwsecroeangdreectoeudldwintoht malalke sotrhtes aopfpoaipnotlmoegnites Gbeeicsaeunse isVerann OFSeHrnA wiansdusdterliaalyed hygienist while Ekstrom appears to be some sort of assistant to Fern but The meeting was a total bust These two obviously can make no decisions at least they listened politely and took some notes We were ushered out with assurance that they understood the problems and would consult with Fern A few interesting points from the meeting were 1. They were obviously surprised to find out how prepared we were J. L. Myers comments on the proposed regulations and the fact that he was going to present testimony at the OSHA hearings next week seemed to make a deep impression 2. They appreared to be very careful almost to the point of being nervous throughout the meeting Personally I had the impression that they couldn't wait for us to leave 3. We did tell them that the day period was running out and we wanted an answer from them in time to plot a course of action They agreed and promised a prompt reply 4. The attending Interplastic people were livid with rage they would fight this citation now just for spite RECOMMENDED ACTION I suspect heard fromWaOiStHAfor a call from Interplastic regarding what if anything they have Typed 9/16/75 cjb CUSTOMER & Interplastic Corp. Minn MN INDUSTRY CLASSIFICATION SALESMAN Edward J. Kleber REGION Midwest DATE OF CALL 12-2-75 Cr Mo Spec Si CaC PRODUCTS DISCUSSED W V Asb X Other PERSONS INTERVIEWED Howard Melin Doug Guenther CALL OBJECTIVE Normal sales call on large 244 user RESULTS OF CALL Interplastic is just beginning to come out of the Polyester sales doldrums and we should see a / order about January They have had a terrible year in Polyester but are confident that next year will see the return of normal business Terry McCabe Technical Director is under orders to replace Silica with 244 wherever possible and has initiated a program to accomplish that end Interplastic is very cost concious and as Silica prices continue to rise our chances of getting more business here should be better Incidentally they haven't heard a word from OSHA since the mess we went through with them in Sept. FOLLOW ACTION REQUIRED EJK Continue regular calls a Gen'l Mgr COPIES TO Sales L. Schult 2 Mktg Services Others JRL TPN WCT : JEW FILE J.E.Lenahan Typed 12/2/75 lb CC J. E. Lenahan T. P. Norris - R. L. Schult W. C. Thurber J. E. Walsh File File J. V. Murray Calidria Calidria Calidria Calidria Calidria Calidria ASBESTOS UNION CARBIDE CORPORATION P.O. Box 579 Niagara Falls 14302 . , By E. J. Kleber Date 9/17/75 Full Name Address Mfrs of Interplastic Corporation Minneapolis MN Interviewed Doug Guenther TELECON OBJECTIVES Find out what OSHA decided regarding Interplastic's citations as described in ROC's of 9/2 and 9/11 OBSERVATIONS EJK OSHA has withdrawn the citations for no fiber count and medical exams This leaves Interplastic with a 90 fine for poor housekeeping Doug admitted that the the warehouse looked crummy the day the inspection took place incidentally inspector took pictures and has decided to pay the fine They have written a letter to OSHA promising better housekeeping and enclosed their check All things considered Interplastic seems to have come out of this smelling like a rose At our last meeting we had all felt that OSHA would probably nail them for medicals Doug thinks that the housekeeping violation is more of a saving devise than anything He is probably right RECOMMENDED ACTION is Conduct covered for fiber count at their Pryor OK plant to insure that Interplastic . any surprises there Continue ADDED NOTE normal sales follow They continue to praise us for our help and my guess is that we very high on their Friends list formulations are This should help us as they look at new Typed 9/17/75 cjb : J. E. Lenahan T. P. Norris R. L. Schult W. C. Thurber J. E. Walsh File J. V. Murray . UNION CARBIDE CORPORATION P.O. Box 579 Niagara Falls N.Y. 14302 E. J. Kleber & By J. L. Myers Full Name Address Mfrs of Interplastic Corporation Minneapolis MN | OBJECTIVES Interviewed Terry McCabe ) Doug Guenther Howard Melin ) Geisen R. J. Geisen ) B. W. Ekstrom Interplastic . OSHA Meet with Vern Fern area director of OSHA to try to resolve Interplastic's citations as described in ROC of 9/2/75 OBSERVATIONS We were greeted with all sorts of apologies because Vern Fern in San Francisco and could not make the appointment Geisen is an OSHA hygienist while Ekstrom appears to be some sort of assistant to Fern was delayed industrial decisions The meeting was a total bust These two obviously can make no but at least they listened politely and took some notes We were ushered out with assurance that they understood the problems and would consult with Fern A few interesting points from the meeting were 1. They were obviously surprised to find out how prepared we were J. L. Myers comments on the proposed regulations and the fact that he was going to present testimony at the OSHA hearings next week seemed to make a deep impression 2. They appreared to be very careful almost to the point of being nervous throughout the meeting Personally I had the impression that they couldn't wait for us to leave 3. We did tell them that the day period was running out and we wanted an answer from them in time to plot a course of action They agreed and promised a prompt reply 4. The attending Interplastic people were livid with rage they would fight this citation now just for spite I suspect RECOMMENDED ACTION EJK Wait for a call from Interplastic regarding what if anything they have heard from OSHA Typed 9/16/75 cjb  . : J. E. Lenahan T. P. Norris . R. L. Schult Walsh J.W. C. E. Thurber : File J. V. Murray . Calidria | Calidria Calidria Calidria ASBESTOS ry \ a : . ~ CARBIDE CORPORATION P.O. Box 579 Niagara Falls 14302 : | E. J. Kleber and By H. B. Rhodes Date 9/2 - 9/5/75 Full Name Interplastic Corp. Minneapolis Corp. Address Mfrs of Interviewed Howard Melin Terry McCabe Doug Guenther Marvin Weiss Mike Nyland - Corp. Sec'y - Chief Chemist - Technical Sup't - Plant Mgr - OSHA Industrial Hygenist . OBJECTIVES Help Interplastic understand and if necessary fight their recent OSHA citations OBSERVATIONS Interplastic has been cited for 3 violations 1. No initial fiber count 23 . Poor housekeeping No medical exams Terry McCabe called on 9/2 and asked for help He requested we come in and explain the regulations as we saw them and also run a fiber count We of course agreed to help in any way possible and told him we'd be in on 9/5 On 9/3 Terry called back and said they had decided to invite Mike Nyland of OSHA to this meeting We agreed that this was a good idea and decided to get together the evening of 9/4 to get a head start on the meeting and try to let Interplastic know how we stood on , their citations . ra 9/4/75 A meeting was held with Howard Melin Doug Guenther and Marvin Weiss We proceeded to go over the OSHA citation point opinions based largely on H.B. Rhodes conversations this week with UCC's law dept reflecting our J.V. Murray in 1. No Fiber count - poppycock We had conducted a test for them in October of 1972. This is irrefutable fact Upon discussion with Interplastic however it was they couldn't lay their hands since found it learned that a mix had occurred on it when Nyland asked they have and Report of Call _ Interplastic Corp. Minneapolis MN 9/2 - 9/5/75 2. 3. Housekeeping - the sticky part of this violation is that the law reads All external surfaces in any place of employment shall be maintained free of accumulations of asbestos fibers if with their dispersion there would be an excessive concentration No definition of excessive concentration is made and therein lies the rub Our belief is that it should mean in excess of the limits Medical exams - as we all know this is an extremely gray area that is only going to be solved by a revision of the standard The hang obviously is the definition of the word exposed Interplastic is probably wide open on that one We discussed these points at some length and left with the impression that Interplastic was not about to be railroaded into paying fines etc. unless they were absolutely sure they violated the law 9/5/75 We met with Messrs Melin Guenther Weiss and Terry McCabe from Interplastic plus Mike Nyland from OSHA Nyland comes across as a reasonable guy who has been given the job of en- forcing standards which are by his own admission darn near impossible to understand It is an unenviable position to be in and he deserves high marks for coming into the lions den and explaining his thoughts Unfor- tunately his thoughts are as vague as the standard For example he said that Interplastic probably wouldn't have been cited had they shown him their fiber count and their asbestos handling program We never did find out what an asbestos handling program is He also admitted that both the house- keeping and medical exam citations were based on his personal feelings rather than any hard and fast rules it is important to note here that OSHA has never collected air samples at Interplastic Terry McCabe made the comment that it is difficult enough to look into a crystal ball and predict how a particular inspector is going to interpret the law let alone anticipate something that the standard doesn't call for but still wouldn't change his opinion Nyland more or less agreed A number of other points were covered such as definitions of exposure excessive concentration sampling times housekeeping guidelines etc. None of these questions were satisfactorily answered and Nyland departed leaving everyone as confused on in that meeting it was decided to have an OSHA regional director ASAP as ever informal Based on what went discussion with the A fiber count was run and the results showed significantly below any levels that OSHA has sample = 1.0 fibers that Interplastic was set up Ceiling concentration Interplastic Corp. Minneapolis MN RECOMMENDED ACTION E. J. Kleber - Interplastic is willing to pursue these citations and it certainly is in our best interest to give them as much support as possible During all our discussions they have never mentioned any possibility of dropping the use of 244 and we need to make sure that it doesn't happen ADDED NOTES For those who haven't had the opportunity to see one a copy of the citation is attached We have a meeting set up with the Regional Director of OSHA on 9/11/75 E. J. Kleber and J. L. Myers will attend with Interplastic personnel Typed 9/12/75 ejp Attachment Room 437 Federal Courts 110 South Fourth Street Minneapolis Minnesota Building 55401 AREA 4760 REGION S L rs) TO ! 12 ' Interplastic Corporation | t 2015 N.E. Broadway ! ' Minneapolis Minnesota 55413 ewe wre ee ewe wee ee ew eee ee KK ' i HI Subject Citation for Alleged Occupational Safety and Health Violation An inspection of a place of employment has revealed conditions which we believe do not comply with the provisions of the Occupational Safety and Health Act of 1970 29 U.S.C. 651 et seq The nature of such alleged violation is described in the enclosed citation with references to applicable standards rules regulations and provisions of the said Act These conditions must be corrected on or before the date shown to the right of each alleged violation therein The Act requires that a copy of the enclosed citation be prominently posted in a conspicuous place upon receipt at or near each place a violation referred to in the citation occurred It must remain posted until all violations cited therein are corrected or for 3 working days whichever period is longer A sufficient number of copies of the attached citation should be prepared to permit posting in accordance with the requirements of the Act The Act provides for penalties for violation of the posting requirements You are hereby notified or will soon be notified whether or not penalty will be proposed as a result of the cito violation You have the right to contest any or all parts of either the citation or the proposed penalty befor the Occupational Safety and Health Review Commission The Review Commission is an independent agency with authority to issue decisions regarding citation and proposed penaltyties If you do contest you should submit a letter to the Area Director at the address shown above within 15 working days after receipt of the certified mail notice regarding proposed penalty If you fail to contest within the 15 working day period the citation and the penalty as proposed shall be deemed to be a final order of the Review Commission and not subject to review by any court or agency If an employer contests the citation the abatement period specified therein does not begin to run until the date of the Commission's final order in the case PROVIDED the employer initiated his contest in good faith and not solely for delay or avoidance of penalties You have a right to request a discussion with the Area Director concerning any results of the inspection abatement dates citations penaltics etc. Please direct correspondence to or call the Area Director at the address shown at the top of this letter A request for an informal discussion cannot extend the 15 working day period allowed for filing a notice of contest Therefore a request for an informal discussion should be brought to the attention of the pAorsesaibDlierector prior to the end of the 15 working days allowed for filing a notice of contest proferably as soon as An employee or representative of employees may file a notice letter to contest the reasonableness of the time stated in the citation for the abatement of the alleged violation Alleged violations that are not contested shall be corrected within the abatement period specified in the citation A followup inspection may be made for the purpose of ascertaining that the employer has posted the citation as required by the Act and corrected the alleged violations Failure to correct an alleged violation within the abatement period may result in further proposed penalties for each day the alleged violation has not been corrected Timely correction of an alleged violation does not affect the initial proposed penalty Correction of alleged violations which have an abatement period of 30 days or less should be reported in writing to the Area Director promptly upon correction Reports of corrections should show specific corrective action on each such alleged violation and the date of such action On alleged violations having an abatement date of more than 30 days a written progress report should be submitted each 30 days The progress report should detail what has heen done what remains to be done and the time needed to fully abate each such violation When the alleged violation is fully abated the Arca Director should be so advised The Act provides that whoever knowingly gives false information is subject to a fine up to 10,000 imprisonment up to 6 months or both If you wish additional information you may direct such request to the undersigned at the address shown above Under the Occupational Safety and Health Act the term Working Day means Mondays through Fridays but does not include Satur- ~fidaysSundays or Federal Holidays 3. Citation Enclosed Quantity Pages Nonserious . Serious _ and Repeated 4. Notification of Proposed Penalty enclosed 7 Yes No U.S. Department of Labor by Area Director Vernon P. 1622 1622 5 atu Pm . Fern Date August 29 1925 1925 OSHA.C Mev Sapl 1973 CITATION CITATION Room 437 Federal Courts Building 110 South Fourth Street : 4760 n Minneapolis Minnesota 55401 . ~J enNee Petes s OH owe = Bee ee ee ee . i ee ee oe te oe amyi TO ! Interplastic Corporation H 2015 N.E. Broadway ' 3. Citation Number 1 . t ! Minneapolis Minnesota 55413 i ' 4. Page 1 of 5 1 i t Low e _ _! 6. . TYPE OF ALLEGED VIOLATION . 7 An inspection was made August 27 2015 N.E. Broadway Minneapolis MN : Manufacturer of polyester resins 1975 55413 : of a place of employment located at and described as follows On the basis of the inspection it is alleged that you have violated the Occupational Safety and Health Act of 1970 29 U.S.C. 651 et seq in the following respects 11 ItemItem Standard regulation 12 or section of the Act number allegedly violated Description of alleged violation 13. Date by which alleged violation must be corrected All References are from Title 29 CFR Part 1910 1. | 1910.93a 4 2. | 1910.931a 3. | 1910.93a Employees exposure to asbestos has not been monitored in order to determine whether the exposure to asbestos fibers is below the limits perscribed in 1910.93a . Oct. 29 1975 External surfaces have not been maintained free of accumulations of asbestos fibers For example Areas in which the asbestos is stored was observed to have significant amounts of free asbestos on the floor on the bags of asbestos and on the asbestos skids Sept. 12 1975 Medical examinations as required by 1910.93a Nov. 28 1975 & 4 have not been provided to employees exposed to asbestos hi fe e5, pioentdihe Bwie en otehn dweeer The law requires that a copy of this citation shall be prominently posted in a conspicuous place at or near an ee each place that an alleged violation referred to in the citation occurred The citation must remain posted until all alleged violations cited therein are corrected or for 3 working days whichever period is longer RIGHTS OF EMPLOYEES Any employee violation a violation or representative of employees who believes that any period of time fixed in this citation for the correction of at the addreisssusnrheoawsnonaabbolveehawsitthhien r1i5ghwt otrokicnogntdesatyssucohf ttihmeeisfsoruance of tcorhrecitiosn bciytationsubmitting a letter to the U.S. Department of Lebar or No person instituted shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or caused to be instituted any proceeding under or related to this Act or has testified or is about to instify in such proceeding or 1 of the because of the exercise by such employee on behalf of himself or others of any right afforded by this Act Sec 11 Occupational Safety and Health Act of 1970 29 U.S.C. 651 660 der twahleHOaclciudpeaytaional Safety and Health Act the term Working Day means Mondays through Fridays but does not include Saturdays Sundays Woee Sr. ee Signature P SAS b+ SignatureATE P SPAS P P Sides Issuance August 29 15 ES - RES EVES rp 15 AV ETE SRE IRS Room 437 Federal Courts Building 110 South Fourth Street Minneapolis Minnesota 55401 | 4760 | 5 wwe TO wr ew em wm em nme ee ee ee ' TO ' 2 Interplastic Corporation ee i 2015 N.E. Broadway ! Minneapolis Minnesota 55413 ! Loe ~- - - ~~ ee Bw wm wy ee e ee en ee ee Date August 29 1975 THERE IS NO REQUIREMENT THAT THIS NOTIFICATION BE POSTED NOTIFICATION OF PROPOSED PENALTY This notification and the penalty ies proposed by the Secretary of Labor shall be deemed to be the final order of the Occupational Safety and Health Review Commission an independent agency with authenty to issue decisions respecting citations and proposed penalties and not subject to review by any court or agency unless within 15 working days from the date of receipt of this notification you submit a letter of contest The letter of contest should be mailed or otherwise delivered to the Area Directer named below at the address shown at the of this notification If no notice of contest is filed within the 15 working day period the proposed prosity ies becomes final and is top immediately payable Area Payment of all penalties shown is to be made by Payment of penalties should be remitted to the check or money order payable to the order of Occupational Safety and Heal~-b Director at the address shown above Section 17 of the Act states Civil penalties owed under this Act shall be paid into the Treasury of the United States and shall to the United States and may be recovered in civil action in the name of the United States brought in the United States district accrue for the district where the violation is alleged to have occurred or where the employer has its principal office court 4. 29thday _ 1975 Os the of August . , a citation was issued to you in accordance with the provisions of Section X of the Occupational Safety and Health Act of 1970 84 Stat Stat 1601 29 U.S.C. 651 ez seq hereinafter seferred to as the Act You were thus notified of certain alleged violations of the Act as specified in that citation YOU ARE HEREBY NOTIFIED that pursuant to the provisions of Section 10 of the Act the penaltyfies set forth below is are being proposed based on the citation 3 SA Citation No. 1 i NONSERIOUS . Item No. VIOLATIONS VIOLATIONS | Proposed Penalty 6 6A Citation No. 1 $ 150.00 2 90.00 VIOLATIONS 6B . Item No. Proposed Penalty 3 90.00 , 7 Total Proposed Penalty for All Alleged Violations $ 330.00 Director Ares Date " ; : Aa La The proposed penalty for Nonserious Violations of safety and health standards reflects a 50 percent adjustment factor for corrective action to be taken within the period prescribed in the citation Il a particular alleged violation is not corrected within this period the 50 percent adjustment will be added to such other penalty as may subsequently be proposed for failure to correct a violation within she abatement period No abatement credit is allowed for violations of recordkeeping or posting requirements 6PQ 134-93 OSHA.3 for . H. B. B. Rhodes ~ Niagara Falls Candria Candria Candria Candria Candria Candria BENETTOS R. E. Byrne - Niagara Falls T. P. Norris - Chicago . . W. C. Thurber - NY 38 UNION CARBIDCEORPORCATOIORNPORATION KC Files UNION NF Files P.O. Box 579 Niagara Falls N.Y. 14302 By J. E. Walsh Date 5-22-75 Full Name ~ Address Mfrs of | . Interplastics Pryor Oklahoma Polyester Resins Interviewed Gerry Gerondale Plant Manager Call made on new 244 carload in this geography The plant opened about a year ago but last month's carload was the .first direct shipment they received They did receive a carload a couple of months ago but it was stopped off here enroute to Minneapolis Right now space is limited and Gerry wasn't sure they would go to the stop off route again the next time they need material Production is erratic on thixed resins as they make a variety for the tank coating boat automotive and sanitary ware markets Briefly discussed the toxicology topic and our latest information on the subject has been sent to him Left Gerry with my card in case they had an emergency or if he felt I could help him in anyway HBR have you . They someone in are the interested in area Please having a put them dust count done on your list of the next stops to time we make Thank JEW Once a year courtesy call frequency should be sufficient an : * ee ' ea c for T. P. Morris H. C. Thurber J. E. Walsh | File File ; ied ae . 1 Pe OP Sw og . ae + beneses oe BRASSTOS UNION CARBIDE CORPORATION . oe P.O. Box 579 Niagara Falls N.Y. 14302 OO | . . By a ; | J. Kleber with T. P. Norris Date 3/11/75 Full Name Address Mfrs of Interplastics Corporation Minneapolis MN uO . Hs Interviewed Jim Wallenfelz - General Manager Terry McCabe - Technical Services Doug Guenther - Technical Servies OBJECTIVES Turn over call with T. P. Norris ee OBSERVATIONS Business is a little slow at Interplastics but they are using the extra time to expand their product lines Terry McCabe is going to head up a new group of technical people for purpose Fred Kwan ex AMOCO has recently come up with a new retardant polyester around Interplastics as Fred Kwan No. ) to compete directly with Hooker Hetron and others of this type 244 is in this resin We are also going into filament winding and laminating _ resins This appears to be another case of a company putting 244 to work on new formulations but not reformulating old ones We now have a substatialon portion of their business and it should be increasing all the time We were given a history lesson by Terry which goes as follows Interplastics is only about 15 years old They have a lot of financial backing which explains why they are hiring people and expanding plants in these hard times Of the newer polyester producers only sells more resin but according to Terry Interplastics is immensely more profitable They have always been very aggresive and will probably continue to be so They leave one with the impression of a very hungry group Doug and Terry are both interested in handling to have another fiber count run We agreed and to make an appointment problems with 244 will phone Terry 3/31 and want or 4/1 One of the purposes of seeing Jim Wallenfelz was to break the news on the 244 price increase He took it very calmly and in fact ended up cussin out Cabot for their very high increases We suggested that if they are running low on 244 they should order before let 4/1/75 to check and us know and save lb Wallenfelz promised We certainly seem to be in solid here and getting into more resins all the time Although Terry spends most of a call trying to confuse you it's obvious he likes 244 and will continue to look for new uses Somewhere in this smokescreen he casually mentioned building a plant in California San Diego I think Whether this is wishful thinking or on the drawing boards is just impossible to find out know until they want us to One thing for sure we aren't going to RECOMMENDED ACTION EJK - Call follow follow Terry 3/3o1r 4/1 to arrange a fiber count Continue normal Typed 4/7/75 ds CC J. E. Lenahan T. P. Norris R. L. Thurber J. E. Walsh File File J. V. Murray Qalidria QalidriaQalidria ASBESTOS UNION CARBIDE CORPORATION | P.O. Box 579 Niagara Falls N.Y. 14302 . 7 . E. J. Kleber & By J. L. Myers Date 9/11/75 Full Name Address Mfrs of Interplastic Corporation Minneapolis MN . OBJECTIVES Interviewed Terry McCabe ) Doug Guenther Howard Melin ) Geisen R. J. Geisen ) B. W. Ekstrom Interplastic OSHA Meet with Vern Fern area director of OSHA to try to resolve Interplastic's citations as described in ROC of 9/2/75 OBSERVATIONS We were greeted with all sorts of apologies because Vern Fern in San Francisco and could not make the appointment Geisen is an OSHA hygienist while Ekstrom appears to be some sort of assistant to Fern was delayed industrial The meeting was a total bust These two obviously can make no decisions but at least they listened politely and took some notes We were ushered out with assurance that they understood the problems and would consult with Fern A few interesting points from the meeting were Myers 1. They were obviously surprised to find out how prepared we were J. L. comments on the proposed regulations and the fact that he was going to present testimony at the OSHA hearings next week seemed to make a deep impression 2. They appreared to be very careful almost to the point of being nervous throughout the meeting Personally I had the impression that they couldn't wait for us to leave 3. We did tell them that the day period was running out and we wanted an answer from them in time to plot a course of action They agreed and promised a prompt reply 4. The attending Interplastic people were livid with rage they would fight this citation now just for spite I suspect RECOMMENDED ACTION regarding EJK Wait for a call from Interplastic heard from OSHA what if anything they have Typed 9/16/75 cjb CUST&OIMnE teRrplastic Corp. Minn MN INDUSTRY CLASSIFICATION SALESMAN J. Kleber REGION MidwDe ATEsDAt TE OF CALL 12-2-75 Cr Mn Spec Si CaC PRODUCTS DISCUSSED W V_ Asb x Other PERSONS INTERVIEWED Howard Melin Doug Guenther CALL OBJECTIVE Normal sales call on large 244 user RESULTS OF CALL Interplastic is just beginning to come out of the Polyester sales doldrums and we should see a / order about January They have had a terrible in Polyester but are confident that next year will see the return of normal business Terry McCabe Technical Director is under orders to replace Silica with 244 wherever possible and has initiated a program to accomplish that end Interplastic is very cost concious and as Silica prices continue to rise our chances of getting more business here should be better Incidentally they haven't heard a word from OSHA since the mess we went through with them in Sept. OLLOW ACTION REQUIRED EJK Continue regular calls co JRL : JEW COPIES TO Gen'Ll. Sales Mgr Schult 2 Mktg Services Others JEW FILE Re J.E.Lenahan Typed 12/2/75 lb Interplastic Corporation CUSTOMER & LOCATION Minneapolis MN * INDUSTRY CLASSIFICATION Polyester SALESMAN J. Kleber REGION Midwest OF CAL CAL LL 9/1/76 Cr Mn Spec Si CaC PRODUCTS DISCUSSED W V_ Asb Other PERSONS INTERVIEWED Doug Guenther Terry McCabe CALL OBJECTIVE Regular call RESULTS OF CALL Next month they say should be the beginnings of a tremendous increase in 244 business They expect to begin shipping 244 thixed resins to an outfit named Kohler in Wisconsin who they report is one of the three largest tub and shower stall manufacturers in the U.S. Right now they are selling Kohler nothing but expect to sign a contract for 50-75 of their business for 1977 and will begin shipping immediately I suggested they lay in a supply know before the 9/15 price increase and Doug said he would check the inventory and let us . I chided them about the small amount of 244 they've it's nothing personal their thixed resin business has been He went on to illustrate the point by noting that the Cabot that Interplastic has switched to 244 completely because received an order from them bought this year and Terry says tha depressed for the last 18 months man was in last week and is convinc it has been so long since he has They were inspected by OSHA last week incidentally and the inspector wanted to know if they were still using asbestos They told him yes and the inspector's comment was that everything looked pretty neat so he wouldn't hassle them about it Terry said that his body temperature at that point was about 211.9 but decided to let that crack slide by Doug again asked if we could help them plugging problem is very difficult to solve FOLLOW ACTION REQUIRED use 244 in gel coats in the field and they are Unfortunately the gun not going to try to see belo EJK - Continue normal calls switch every customer to a larger orifice got some ready business here If we ever figure out how to get around it we've Gen'l Schult COPIES TO Sales Mgr 2 Mktg Services Others JRL R. L. J.E.Lenahan TPN FILE cjb FILE Typed 9/3/76 cjb AIRBORNE FIBER COUNTS for Interplastic Corporation Minneapolis Minnesota Date Sampled June 23 1976 Date Reported July 12 1976 Samples Collected By E. J. Kleber Union Carbide Corporation amplesAnalyzed By B. L. Ingalls Union Carbide Corporation Reported By E. J. Kleber Union Carbide Corporation weed. Union Carbide Corporation Metals Division Niagara Falls New York OBJECTIVE Monitor airborne asbestos fiber concentrations during the preparation of polyester resin containing Calidria asbestos 244 DESCRIPTION OF OPERATION Interplastic Tests were conducted June 23 1976 at Minneapolis Minnesota Corporation Personal breathing zone and environmental air before during and after the addition of 114 pounds of 244 to thinning tank 2 samples were collected Calidria asbestos SAMPLE EQUIPMENT AND TEST PROCEDURES Sampling and dust counting were carried out in accordance with OSHA Regulation 1910.1001 using the Bayer Zummalde and Brown method for counting asbestos fibers by phase contrast microscopy Bureau of Occupational Safety and Health Feb. 1969 Battery air pumps M.S.A. type calibrated to 2 liters per minute were used to collect personal breathing zone and environmental samples on Millipore membrane filters of 0.8 micron porosity Fiber counting was performed on a Nikon phase contrast microscope at 400X utilizing a Porton reticle for sizing and field definition The numbers reported are fibers greater than 5 microns in length per cubic centimeter of air sampled A fiber is defined as a material having an aspect greater than 3 COMMENTS The OSHA regulations permit a maximum limit of 5 fibers greater than 5 microns in length per cubic centimeter of air sampled on an hour time- weighted average TWA This allowable level will be reduced to 2 fibers on July , 1976. The formula C T+ C T+ CT describes the TWA where : / C = fiber count in fibers and T = time The regulations also stipulate a ceiling concentration of 10 fibers greater than 5 microns which is not to be exceeded at any time TEST RESULTS sample The details of collection and resultant fiber counts are listed listed in the attached table SUMMARY OF FIBER COUNTS Interplastic Corporation Minneapolis Minnesota Sample No. 23 19 20 21 Air Sample Time Minutes 49-11 AM 93 11:59 AM - 11 12:10 PM 11:59 AM 12:10 PM 11-2 PM 11 136 Operation Description Airborne Fiber Count fibers 5 Environmental - Before test no RG244 in vicinity Sampler located 6 ft off catwalk 4 ft from charging hole of thinning tank 2 0.1 Personal - Operator Davis Bertram 1.5 adding 114 lbs 244 to thinning tank 2 Sampling time includes _ packing 244 bags into large plastic bags and transporting to dumpster Environmental - Same location as 23 during addition of 244 to thinning tank 1.3 Environmental - Same location as 21 after test No 244 in area 0.1 CUSTOMER CALL REPORT CUSTOMER CUSTOMER & LOCATION LOLCOCATION ATION IntIenrtpelrapsltaisctsics INDUSTRY PPrryoyr or Oklahoma CLASSIFICATION CLASSIFICATION Polyester PolyesteManufactures rManufactures Manufacturers SALESMAN J.E. Walsh REGION Southern DATE OF CALL 4-21-81 ASBESTOS HEALTH & REGULATORY DOCUMENTS PROVIDED TL MSDS LO_~so Dust Count Report Health & OSHA Information Blue Book L_ Other specify below PERSONS INTERVIEWED Glen Wigginton Assistant Plant Manager CALL OBJECTIVE Call made with Ross Frank of D E F Distributing on former RG244 customer RESULTS CALL Gerry Gerondale the plant manager here was in the Min- neapolis headquarters for the week so Glen was filling in for him Glen remembers 244 quite well giving it complimentary grades as to its quality and performance and regrets that they could no longer use it We went down the drain Glen said when Phillips Petroleum bought them out and edicted that they would no longer use it That was a little over a year ago and they haven't used any since Glen advised They would have no objections to using it again it is doubtful that the Phillips position can be reversed was the theme Glen left with us Even though Phillips may be involved with asbestos elsewhere it has no bearing on what the Chem- icals Division does was Glen's response to the mention of the drilling mud activity FOLLOW ACTION REQUIRED COPIES TO TPN JLM FILE PERMANENT FILE J] & CUSTOLM OCAE TIR ON Interplastics - Pryor Oklahoma CLASSIFICATION Polyesters_. SALESMAN J.E. Walsh REGION ___ Southern ) DATE OF CALL 5-4-79 ASBESTOS HEALTH & REGULATORY DOCUMENTS PROVIDED MSDS [LD Health & OSHA Information Blue Book LI] Dust Count Report Other specify below PERSONS INTERVIEWED Gerry Gerondale - Plant Manager CALL OBJECTIVE Call made on carload 244 customer RESULTS OF CALL This location continues to split a half a car of 244 on its way to their Minneapolis plant + Gerry advised that he only makes product according to approved Minneapolis formulations and has no latitude on switching ingredients They monitor every six months and have not had an inspection visit in quite a while but Gerry still feels uneasy about using asbestos and if he had his druthers he said he probably wouldn't use it at all His main concern is that down the road one or a number of their employees will bring suit against the company for health problems related to working with 244 and the result will be not only costly but he feels could be catastrophic financially to the company Discussed the health issue and current trends toward potential solutions to asbestos manufacturers out of their current legal morass and to hopefully reduce some of his concerns and keep him current on proposals and discussions going on about the liability issue FOLLOW ACTION REQUIRED Set om . tem ee ey : 7 ees Qe one aws ows w--.0 ee e 'ep ee eee Wrhsad PILIT PILIT VALk VALk limi limi VEE Interplastic & CUSTOMER Minneapolis MN " INDUSTRY CLASSIFICATION Polyester SALESMAN Edward J. Kleber Midwest .DATE OF CALL 11/10/76 Cr Mn Spec Si CaC PRODUCTS DISCUSSED W V Asb X Other PERSONS INTERVIEWED CALL OBJECTIVE Terry McCabe - T. D. | Howard Melin - Corp. Secretary Regular call on large 244 customer RESULTS OF CALL Well here we go again citation this time in Pryor OK Interplastic is getting ready for another OSHA ; The background on this one is a little strange Interplastic was inspected in October Air samples were collected and the highest number on the test was a ceiling concen- tration of 0.05 fibers A few weeks later citations were issued on wiring fire extin- guishers ladders etc. but nothing on asbestos Interplastic looked them over and decided that the one on wiring would cost 150,000 to fix and upon closer reading of the OSHA regu- lations satisfied themselves that they were not in violation and decided to formally contest ~ the wiring citation A couple of weeks after they notified OSHA that they were contesting Gerry Gerondale plant manager began getting phone calls from his friendly local OSHA man that more citations were on the way a total of nine Two of these concern asbestos one on no warning signs and one on inadequate medical exams Howard is convinced that the reasons for these new citations are strictly harassment techniques because they chose to fight rather than switch Howard and the other corporation officers are incensed and have decided to fight this one all the way The purpose of determine if anything is different now than changed except the TWA which really doesn't our meeting was to review the regulations and a year ago I assured them that nothing had mean anything to them because of the low fiber counts by OSHA's own measurements It is important to note that as of this writing no citations on asbestos have been issued yet Howard just wants to be ready OVER FOLLOW ACTION REQUIRED REB - How did you make out with Terry EJK - Stay on top with them on Kohler business and OSHA Gen'l Mgr FILE COPIES TO Sales R. L. Schult 2 Mktg Services Others JRL TPN WCF T ILE REB J.E.Lenahan Typed 11/11/76 dal CUST&OIM nE teRrplastic Corp. Minn MN INDUSTRY CLASSIFICATION _ SALESMAN Edward J. Kleber _. REGION Midwest CAOFLCAL LL 12-2-75 Cr Mn Spec Si CaC PRODUCTS DISCUSSED W V_ Asb X Other PERSONS INTERVIEWED Howard Melin Doug Guenther CALL OBJECTIVE Normal sales call on large 244 user RESULTS OF CALL Interplastic is just beginning to come out of the Polyester sales doldrums and we should see a c order about January They have had a terrible year in Polyester but are confident that next year will see the return of normal business Terry McCabe Technical Director is under orders to replace Silica with 244 wherever possible and has initiated a program to accomplish that end Interplastic is very cost concious and as Silica prices continue to rise our chances of getting more business here should be better Incidentally they haven't heard a word from OSHA since the mess we went through with them in Sept. OLLOW ACTION REQUIRED EJK Continue regular calls a Gen'l Mgr OPIES TO Sales L. Schult 2 Mktg Services Others JRL TPN WCT : JEW J.E.Lenahan Typed 12/2/75 FILE lb CUSTOMER & LOCATION in Wed PUIG I VALL HILI Wra8e Interplastic Minneapolis MN ' : INDUSTRY CLASSIFICATION Polyester SALESMAN J. Kleber REGION Midwest DATE OF CALL 11/10/76 Cr Mn Spec Si CBC W v Asb PRODUCTS DISCUSSED X Other PERSONS INTERVIEWED CALL OBJECTIVE Terry McCabe - T. D. Howard Melin > Corp. Secretary Regular call on large 244 customer RESULTS OF CALL Well here we go again citation this time in Pryor OK Interplastic is getting ready for another OSHA The background on this one is a little strange Interplastic was inspected in October Air samples were collected and the highest number on the test was a ceiling concen- tration of 0.05 fibers A few weeks later citations were issued on wiring fire extin- guishers ladders etc. but nothing on asbestos Interplastic looked them over and decided that the one on wiring would cost 150,000 to fix and upon closer reading of the OSHA regulations satisfied themselves that they were not in violation and decided to formally contest the wiring citation A couple of weeks after they notified OSHA that they were contesting Gerry Gerondale plant manager began getting phone calls from his friendly local OSHA man that more citations were on the way a total of nine Two of these concern asbestos one on no warning signs and one on inadequate medical exams Howard is convinced that the reasons for these new citations are strictly harassment techniques because they chose to fight rather than switch Howard and the other corporation officers are incensed and have decided to fight this one all the way The purpose of determine if anything is different now than changed except the TWA which really doesn't our meeting was to review the regulations and a year ago I assured them that nothing had mean anything to them because of the low fiber counts by OSHA's own measurements It is important to note that as of this writing no citations on asbestos have been issued yet Howard just wants to be ready OVER FOLLOW ACTION REQUIRED REB - How did you make out with Terry EJK - Stay on top with them on Kohler business and OSHA Gen'l JRLFIL FILE E * COPIES TO Mgr Sales R. L. Schult 2 Mktg Services Others J.E.Lenahan Typed 11/11/76 dal WYO - CALL LI wt Interplastic Corporation CUSTOMER & LOCATION Minneapolis MN INDUSTRY CLASSIFICATION Polyester SALESMAN J. Kleber REGION Midwest DATE OF CALL 9/1/76 __ Cr PRODUCTS DISCUSSED Mn Spec Si CaC W V_ Asb Other PERSONS INTERVIEWED Doug Guenther Terry McCabe CALL OBJECTIVE Regular call supply RESULTS OF CALL Next month they say should be the beginnings of a tremendous increase in 244 business They expect to begin shipping 244 thixed resins to an outfit named Kohler in Wisconsin who they report is one of the three largest tub and shower stall manufacturers in the U.S. Right now they are selling Kohler nothing but expect to sign a contract for 50-75 of their business for 1977 and will begin shipping immediately I suggested they lay in before the 9/15 price increase and Doug said he would check the inventory and let us know , I chided them about the small amount of 244 they've it's nothing personal their thixed resin business has been He went on to illustrate the point by noting that the Cabot that Interplastic has switched to 244 completely because received an order from them bought this year and Terry says tha depressed for the last 18 months man was in last week and is convinc it has been so long since he has They were inspected by OSHA last week incidentally and the inspector wanted to know if they were still using asbestos They told him yes and the inspector's comment was that everything looked pretty neat so he wouldn't hassle them about it Terry said that his body temperature at that point was about 211.9 but decided to let that crack slide by Doug again asked if we could help them plugging problem is very difficult to solve FOLLOW ACTION REQUIRED use 244 in gel coats in the field and they are Unfortunately the gun not going to try to see belo EJK - Continue normal calls switch every customer to a larger orifice got some ready business here If we ever figure out how to get around it we've JRL TPN FILE Gen'l COPIES TO Sales Mgr 2 Mktg Services Others R. L. Schult J.E.Lenahan FILE ee wee Typed 9/3/76 cjb AIRBORNE FIBER COUNTS for Interplastic Corporation Minneapolis Minnesota Date Sampled June 23 1976 Date Reported July 12 1976 Samples Collected By E. J. Kleber Union Carbide Corporation Samples Analyzed By B. L. Ingalls Union Carbide Corporation Reported By E. J. Kleber Union Carbide Corporation Union Carbide Corporation Metals Division Niagara Falls New York OBJECTIVE| Monitor airborne asbestos fiber concentrations during the preparation of polyester resin containing Calidria asbestos 244 DESCRIPTION OF OPERATION Tests were conducted June 23 1976 at Interplastic Corporation Minneapolis Minnesota Personal breathing zone and environmental air before during and after the addition of 114 pounds of 244 to thinning tank 2 samples were collected Calidria asbestos SAMPLE EQUIPMENT AND TEST PROCEDURES Sampling and dust counting were carried out in accordance with OSHA Regulation 1910.1001 using the Bayer Zummalde and Brown method for counting asbestos fibers by phase contrast microscopy Bureau of Occupational Safety and Health Feb. 1969 Battery air pumps M.S.A. type calibrated to 2 liters per minute were used to collect personal breathing zone and environmental samples on Millipore membrane filters of 0.8 micron porosity Fiber counting was performed on a Nikon phase contrast microscope at 400X utilizing a Porton reticle for sizing and field definition The numbers reported are fibers greater than 5 microns in length per cubic centimeter of air sampled A fiber is defined as a material having an aspect ratio greater than 3 COMMENTS C T C T CT The OSHA regulations permit a maximum limit of 5 fibers greater than 5 microns in length per cubic centimeter of air sampled on an hour time- weighted average TWA This allowable level will be reduced to 2 fibers on July , 1976. The formula + + describes the TWA where sumnepan me . / C = fiber count in fibers and T = time The regulations also stipulate a ceiling concentration of 10 fibers greater than 5 microns which is not to be exceeded at any time TEST RESULTS listed The details of sample collection and resultant fiber counts are listed in the attached table SUMMARY OF FIBER COUNTS Interplastic Corporation Minneapolis Minnesota Sample No. 23 19 20 21 Air Sample Time Minutes 49-11 AM 93 11:59 AM - 11 12:10 PM 11:59 AM 12:10 PM 11-2 PM 11 136 Operation Description Environmental - Before test no RG244 in vicinity Sampler located 6 ft off catwalk 4 ft from charging hole of thinning tank 2 Personal - Operator Davis Bertram adding 114 lbs 244 to thinning tank 2 Sampling time includes packing 244 bags into large plastic bags and transporting to dumpster Environmental - Same location as 23 during addition of 244 to thinning tank Environmental - Same location as 21 after test No 244 in area Airborne Fiber Count fibers 5 < 0.1 1.5 1.3 0.1 Www Fb Wwe fet 6s ter Lace Gems wesce Interplastic Corporation CUSTOMER & MinneapoliMs N Corporation INDUSTRY CLASSIFICATION Polyester SALESMAN Edward J. Kleber REGION Midwest Cr Mn Spec Si CaC PRODUCTS DISCUSSED W V Asb DATE OF CALL Other 5/4/78 PERSONS INTERVIEWED Terry McCabe - Technical Director CALL OBJECTIVE Regular call on carload 244 user RESULTS OF CALL ordered a carload At the Interplastic same time got caught short of 244 recently and promptly but it didn't arrive in time The they back hauled some 244 from their Pryor OK plant used Aerosil in a resin which has worst of all been possible things happened they actually out to be too bad because strictly 244 for years Actually it didn't turn a customer complained about the cloudy looking resin that recently Terry still dreams of getting the Kohler business facturer of tubs and shower stalls the U.S. He Kohler of course is the largest manu- business and if successful this would double says they've got another shot at the business that they hired a chemist from OCF our to 244 sales They are so intent on this submitted some samples to Kohler work primarily on this project They have and expect to hear back from them within 3-4 Terry also mentioned that they are about to claims that all the formulating is being donecowmiethou2 t w4it4 h a new All in all things seem problem here and things to be going well here We seem to be back to normal got over the FOLLOW ACTION REQUIRED OVER line very very of HAF resins and Terry serious toxicology EJK - Regular calls COPIES TO JRL FILE dal 5/18/78 C J. E. Lenahan T. P. Norris R. L. Schult W. C. Thurber J. E. Walsh File File J. V. Murray CalidriaCalidriaASBESTOS a UNION CARBIDE CORPORATION P.O. Box 579 Niagara Falls 14302 By E. J. Kleber Date 9/17/75 Full Name Address Mfrs of Interplastic Corporation Minneapolis MN Interviewed Doug Guenther TELECON OBJECTIVES Find out what OSHA decided regarding Interplastic's citations as described in ROC's of 9/2 and 9/11 OBSERVATIONS OSHA has withdrawn the citations for no fiber count and medical exams This leaves Interplastic with a 90 fine for poor housekeeping Doug admitted that the warehouse looked crummy the day the inspection took place incidentally the inspector took pictures and has decided to pay the fine They have written a letter to OSHA promising better housekeeping and enclosed their check All things considered Interplastic seems to have come out of this smelling like a rose At our last meeting we had all felt that OSHA would probably nail them for medicals Doug thinks that the housekeeping violation is more of a saving devise than anything He is probably right RECOMMENDED ACTION EJK Conduct fiber count at their Pryor OK plant to insure that Interplastic. is covered for any surprises there Continue normal sales follow ADDED NOTE They continue to praise us for very high on their Friends list This formulations our help and my guess is that we are should help us as they look at new Typed 9/17/75 cjb ert Interplastic Corp. . & CUSTOMER LOCATION Minneapolis MN INDUSTRY CLASSIFICATION Polyester SALESMAN J. Kleber REGION ____ Midwest DATE OF CALL 78 ASBESTOS HEALTH & REGULATORY DOCUMENTS PROVIDED . Fy MSDS , ([] Health & OSHA Information Blue Book [_} Dust Count Report [] Other specify below PERSONS INTERVIEWED | CALL OBJECTIVE Howard Melin Terry McCabe Sharon Fisk - Corporation Secretary - Technical Director - Purchasing Agent Regular call RESULTS OF CALL I checked in with Howard primarily to find out whether or not Interplastic has had any more harassment from OSHA Howard said that no they have now been inspected in both plants by OSHA and have everything straightened out He told me not to be concerned we would be the first to know if he had any trouble from OSHA Even though they did not get cited for needing medical exams Howard says they have decided to administer them to the handlers of asbestos a good idea and left it at that I replied that this was probably I spoke briefly with Sharon strictly social because as she points out 244 is not commodity item with Interplastic so all she has to do is monitor the inventories a As usual Terry took time out from his busy schedule to remind me that the ment we have with them regarding the treated product is almost one secrecy agreeold and all.he has seen so far is 40 grams of material year I told them that we did have trial that was pretty much of a flop and he would just have to be patient a plant and wait He mumbled something about whether or not there was a statute of limitations on agreements and we left the subject secrecy Things continue along here as normal with increases or decreases of business in sight no great The big hope we have now for 244 is that with all the changes at Hatco Steel they will somehow mess at Interplastic will get the business He admits that's not up Kohler and 244 continues to perform as advertised and Terry has no vceroymplliakienltys All in all FOLLOW ACTION REQUIRED EJK - Continue normal calls COPIES TO FILE dal 9/8/78 PERMANENT FILE : J: Ud CUSTOMER & LOCATION Interplastic Corporation Minneapolis MN INDUSTRY CLASSIFICATION Polyeste_r_. SALESMAN Edward J. Kleber REGION Midwest DATE OF CALL 5/4/78 Cr Mn Spec Si CaC W V Asb PRODUCTS DISCUSSED X Other PERSONS INTERVIEWED Terry McCabe - Technical Director CALL OBJECTIVE Regular call on carload 244 user RESULTS OF CALL Interplastic got caught short of 244 recently and promptly ordered a carload At the same time they back hauled some 244 from their Pryor OK plant of but it didn't arrive in time The worst all possible things happened they actually used Aerosil in a resin which has been strictly 244 for years Actually it didn't turn out to be too bad because a customer complained about the cloudy looking resin that Interplastic sent them The usage rate of 244 has gone up recently because their- business has been excellent Terry still dreams of getting the Kohler business Kohler of course is the largest manufacturer of tubs and shower stalls in the U.S. He says they've got another shot at the business and if successful this would double our 244 sales They are so intent on this business that they hired a chemist from OCF to work primarily on this project They have recently submitted some samples to Kohler and expect to hear back from them within 3-4 weeks _ Terry also mentioned that they are about to come out with a new line of HAF resins and Terry claims that all the formulating is being done with 244 All in all things seem to be going well here We problem here and things seem to be back to normal FOLLOW ACTION REQUIRED got over the OVER very serious toxicology EJK - Regular calls COPIES TO JRL WCT FILE dal 5/18/78 & CUSTOLOCM ATION_E InterplR astics Interplastics Interplastics - Pryor Oklahoma INDUSTRY CLASSIFICATION Polyester-s. SALESMAN J.E. Walsh REGION Southern 5-4-79 DATE OF CALL ASBESTOS HEALTH & REGULATORY DOCUMENTS PROVIDED MSDS LJ) Dust Count Report Health & OSHA Information Blue Book Other specify below PERSONS INTERVIEWED Gerry Gerondale - Plant Manager CALL OBJECTIVE Call made on carload 244 customer RESULTS OF CALL This location continues to split a half a car of 244 on its way to their Minneapolis plant Gerry advised that he only makes product according to approved Minneapolis formulations and has no latitude on switching ingredients They monitor every six months and have not had an inspection visit in quite a while but Gerry still feels uneasy about using asbestos and if he had his druthers he said he probably wouldn't use it at all His main concern is that down the road one or a number of their employees will bring suit against the company for health problems related to working with 244 and the result will be not only costly but he feels could be catastrophic financially to the company Discussed the health issue and current trends toward potential solutions to asbestos manufacturers out of their current legal morass and to hopefully reduce some of his concerns and keep him current on proposals and discussions going on about the liability issue FOLLOW ACTION REQUIRED | COPIES TO TPN JLM FILE oe Som cee et. wees " NF PERMANENT FILE for ; toe H. B. Rhodes - Niagara Falls R. E. Byrne - Niagara Falls = Calidritters Calidriters Calidritters Calidritters T. P. Norris - Chicago ; ; W. C. Thurber - NY 38 UNION CARBIDE CORPORATION KC Files NF Files P.O. Box 579 Niagara Falls N.Y. 14302 By J. E. Walsh Date 5-22-75 Full Name s~ Address . Interplastics Pryor Oklahoma Mfrs of | Polyester Resins Interviewed Gerry Gerondale Plant Manager Call made on new 244 carload in this geography The plant opened about year ago but last month's carload was the first direct shipment they received They did receive a carload a couple of months ago but it was stopped off here enroute to Minneapolis Right now space is limited and Gerry wasn't sure they would go to the stop off route again the next time they need material Production is erratic on thixed resins as they make a variety for the tank coating boat automotive and sanitary ware markets Briefly discussed the toxicology topic and our latest information on the subject has been sent to him Left Gerry with my card in case they had an emergency or if he felt I could help him in anyway HBR have They someone in are the interested in area Please having a put them dust count done on your list of the next stops to time we make Thank you JEW Once a year courtesy call frequency should be sufficient sdeewer nes CC ... TS i ie Oe ... h Or at ee ... CUSTOMER & LOCATION Interplastics - Pryor Oklahoma INDUSTRY - CLASSIFICATION Polyesters SALESMAN J.E. Walsh Southern DATE OF CALL 5-4-79 ASBESTOS HEALTH & REGULATORY DOCUMENTS PROVIDED MSDS Health & OSHA Information Blue Book Dust Count Report Other specify below PERSONS INTERVIEWED Gerry Gerondale - Plant Manager CALL OBJECTIVE Call made on carload 244 customer RESULTS OF CALL This location continues to split a half a car of 244 on its way to their Minneapolis plant . Gerry advised that he only makes product according to approved Minneapolis formulations and has no latitude on switching ingredients They monitor every six months and have not had an inspection visit in quite a while but Gerry still feels uneasy about using asbestos and if he had his druthers he said he probably wouldn't use it at all His main concern is that down the road one or a number of their employees will bring suit against the company for health problems related to working with 244 and the result will be not only costly but he feels could be catastrophic financially to the company Discussed the health issue and current trends toward potential solutions to asbestos manufacturers out of their current legal morass and to hopefully reduce some of his concerns and keep him current on proposals and discussions going about the liability issue FOLLOW ACTION REQUIRED COPIES TO TPN JLM FILE OF PERMANENT FILE INTERINPTERLPLAASTISC TIC INTEINTERPLARSTIC PLASINTTERPLIASTICCINTERPLASTIC CUSTOMER & LOCATION MINNEAPOLIS MINNEAPOLIS MINNEAPOLIS - MIJN -- -- POLYESTER INDUSTRY CLASSIFICATION POLYESTER POLYESTER SALESMAN P. Norris REGION Western DATE OF CALL WE.J. WE.J. KLEBER ASBESTOS HEALTH & REGULATORY DOCUMENTS PROVIDED fF] MSDS . [-] Health & OSHA Information 3/27/80 3/27/80 . Blue Book [_] Dust Count Report PERSONS INTERVIEWED TERRY - {[_] Other MCABE specify below TECHNIC TECHNICTECHNIC TECHNICTECHNIC TECHNa IC -- --,-- OBJECTIVE Routine Routine Routine Tourn Call RESULTS OF CALL One Interplastic's largest Artic Customer Customer affected later date Terry still often date submit sampler sampler of Silone treated RG244 Joker between Surry & request E.J. Kleber the writer writer FOLLOW ACTION REQUIRED R.E.B. Please stay on top of So sample at that we an FIeLaErly COPIES TO JRL 15 JEW FILE 5. Rama Chande can submitsample date date NF PERMANENT FILE : CUSTOMER & LOCATION Interplastic Minneapolis Minneapolis MH INDUSTRY CLASSIFICATION Polyester | SALESMAN Resin Edward J. Kleber REGION w Bill Sutherland - Escon Resin Midwest .DATE OF CALL 2/15/80 ASBESTOS HEALTH & REGULATORY DOCUMENTS PROVIDED [] MSDS . {0 Dust Count Report [[] Health & OSHA Information Blue Book ([] Other specify below PERSONS INTERVIEWED Terry McCabe - Technical Director CALL OBJECTIVE Give our largest Australian 244 customer a tour of a U.S. polyester plant RESULTS OF CALL Terry was most cooperative also included in giving Bill a complete tour of their plant and lab a pep talk on the virtues of Calidria 244 and tried to He with a settling problem Escon is experiencing " assist Bill He also told us that interplastic has been _ highly pigmented gel coat successful in incorporating 244 in a customer Proform Inc. for Currently they are selling their this gel coat to their largest how they overcame the filtration fiberglass boat covers He was very vague when asked . a system which can be sold problem He did note that the 244 coat is not their spots as a standard gel coat They are going to have to pick . Phillip's Petroleum Interplastics new have 20 of the domestic polyester parent business has informed them that by 1985 they will construction will soon begin a or else Plans have been completed and on and by 1985 two more plants will new plant in the southeast location undisclosed probably be built FOLLOW ACTION REQUIRED EJK - Regular calls COPIES TO FILE dal 2/25/80 PERMANENT FILE [7] CUSTOMER CALL REPORT CUSTOMER & Minneapolis MN CLASSIFICATION Polyester SALESMAN J. Kleber w E. Walsh REGION Midwest DATE OF CALL ASBESTOS HEALTH & REGULATORY DOCUMENTS PROVIDED 79 [] MSDS : [-] Dust Count Report ("] Health & OSHA Information Blue Book [] Other specify below PERSONS INTERVIEWED | CALL OBJECTIVE Roman Kramer - Terry McCabe - Howard Melin - Jim Wallenfelz- Sharon Fisk - = . Plant Engineer Technical Director Corp. Secretary General Manager Buyer Account maintenance RESULTS OF CALL Roman Kramer - Roman's work on bulk handling continues and although some problems have surfaced he feels they are solvable After he gets the system working smoothly with Aerosil he will tackle 244 Given proper packaging this could be an almost dustless system Terry McCabe - Now that Terry has been given responsibility for gel coats he is working on 244 in highly pigmented systems where filtration should not be a problem So far the work looks encouraging I received the usual zinger about the status of the silane- treated 244 to which I replied that we are working on it Howard Melin - Interplastic has been cited by OSHA again this time for an infraction having to do with medicals The fine levied was 48.00 As Howard put it it would cost more for a lawyer to read the citation than the fine costs Therefore after some vacillating they've decided to pay the fine Jim Wallenfelz - Apparently someone in their plant is calling OSHA almost weekly and is driving Management crazy Jim stated that they are near the point where they may have to drop Calidria because it's just not worth the hassle I pointed out cost savings to Jim which he understands very well but his rejoinder was that it is costing them much more to waste time messing with OSHA and fighting customers who want no asbestos FOLLOW ACTION REQUIRED OVER EJK - We need a big success here fast and working through Terry is probably the only way to get one COPIES TO JRL TPN JEW FILE dal 9/28/79 NF PERMANENT FILE e USTOMER & LOCATION CUSTOMER CALL REPORT Interplastic Corp. Minneapolis MN INDUSTRY CLASSIFICATION Polyester ALESMAN Edward J. Kleber REGION Midwest DATE OF CALL 8/28/79 ASBESTOS HEALTH & REGULATORY DOCUMENTS PROVIDED MSDS [-] Dust Count Report [_} Health & OSHA Information Blue Book [-] Other specify below ERSONS INTERVIEWED R. T. McCabe - Technical Director ALL OBJECTIVE Present dust count ESULTS OF CALL We exchanged dust counts with Terry We gave him ours and he results of the Minnesota OSHA counts There was presented us with the Their sample 250 showed 2.77 fibers while one major discrepancy in the numbers With that exeption our counts our side equivalent was 0.1 reason to be upset about this were right in line with theirs There really is no and they give medicals since in the final analysis they are not over the limits so that the 0.1 fibers is not a factor Terry noted that NL Industries is making a big push with a Used in conjunction with 244 Terry says it looks to be have no idea what Polytrope 1183 is but it might be worth material called Polytrope 1183 a perfect thixotrope I looking at in the lab Copy of Minnesota's dust count attached OLLOW ACTION REQUIRED EJK . Regular calls RREBEB - Ever heard of Polytrope 1183 OPIES TO JRL TPN JEN FILE REB dal 9/4/79 NF PERMANENT FILE [7] RP A et TILTI ILIE E TILIE WF Bahk FUG NEES CUSTOMER & LOCATION Interplastic Minneapolis MN INDUSTRY CLASSIFICATION Polyester SALESMAN Edward Kleber REGION ____ Midwest DATE OF CALL 1/13/79 ASBESTOS HEALTH & REGULATORY DOCUMENTS PROVIDED {] MSDS . [[] Health & OSHA Information Blue Book [[] Dust Count Report ["] Other specify below PERSONS INTERVIEWED Jim Wallenfelz Sharon Fisk - Terry McCabe - - V.P. & General Manager Purchasing Agent Technical Director CALL OBJECTIVE Routine RESULTS OF CALL Interplastic is going through a major expansion program both at Minneapolis and Prior OK Business has been improving in leaps and bounds but customer resistance to asbestos containing resins has been high Jim emphasized that the price differential between 244 and Cab is so great that they'd be stupid not to try to exploit it The problem remains that customers don't want asbestos they'll keep trying Terry wants to sit down with They recently bought a plant would be a good opportunity a technical and want to expert and discuss asbestos in SMC make it profitable I suggested the SPI FOLLOW ACTION REQUIRED REB - Brush up on BMC applications EJK - Regular calls COPIES TO JRL TPN JEW FILE FILE REB . dal 1/25/79 . NF PERMANENT FILE