Document jg3zanaak9b54dNX9zVzpXLzy

FILE NAME Kohler KOH DATE 1971-1979 DOC KOH022 DOCUMENT DESCRIPTION Memos CC for . T. P. Norris a J. W. Rawlings King City - File Niagara Falls - File P.O. / tk md LE Toph Sng oat Oat eliea bo, bauwia Loo nen rein UNION CARBIDE CORPORATION | pote, . eee Peri tht Box 579 Niagara Falls N.Y. 14302 ; . By R. E. Byrne END USE Polyester Date 9/23/71 Full Name Address Interplastics 2015 N.E. Broadway Minneapolis Minn Mfrs of OBJECTIVE Interviewed W. Sofko PLAINTIFF'SPLAINTIFF'SPLAINTIF'S . EXHIBIT 632- ..- Se Determine results of introductory program for 244 DISCUSSION and the Bill Sofko told Tom Norris and me that most resulting resin sampled to 5 or 6 of the TL of 244 has been used date there been no bad results Intercpulsatsotmiecrss whom they can watch carefully To advantage of 244. They are learning how to mix it especially likes the economic including a Cowles 150 HP Hockmeyer and it in their several different different mixers agrees with laboratory results a Meyers Sofko admits Each is different different and none they also went through this with silica The custoImnetrertplhaesrteifcosreuseiss naot pinch of TiO2 to mask the fact that 244 is aware of a difference in their resin being used hydroquinone Sofko also confirmed that their resins This stabilizes they both use about 100 ppm the inhibitor in all facturers do likewise and that hydroquinone is about the best not In general Interplastics feels that ready to order again but so far they are their program is going well They are strategy for its use which will encouraged 244 apparently involve They are formulating a usage should increase as they gain confidencea ipnartiitsal urseeplacement of silica cited - Sofko asked about asbestos cited on TLV and respiratory protecttiooxnicology and seemed satisfied with the data we . - month They produce at this rate currently and are looking for ways to expand FUTURE ACTION T. Norris - Sleep with em . . Typed 9/28/71 Interplastic Corp. . CUSTOMER & LOCATION Minneapolis MN es INDUSTRY CLASSIFICATION Polyester SALESMAN J. - Kleber REGION Midwest .DATE OF CALL 29 ASBESTOS HEALTH & REGULATORY DOCUMENTS PROVIDED a MSDS . (J Health & OSHA Information Blue Book oO Dust Count Report [] Other specify below PERSONS INTERVIEWED INTERVIEWED Howard Melin Terry McCabe Sharon Fisk Corporation Secretary Technical Director Purchasing Agent CALL OBJECTIVE 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 I replied that this was probably a good idea and left it at that . 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 all.he has seen so far secrecy regarding the treated product is almost one year old is 40 grams of material I told them that we did have agreeand trial that was pretty much of a flop and he would just have to be a plant mumbled something about whether or not there patient and wait He agreements and we left the subject was a statute of limitations on secrecy Things continue along here as normal with no increases or decreases of business in sight great The big hope we have now for 244 is that with all the changes at Hatco Steel they will somehow mess up at Kohler and Interplastic will get the business He admits that's not very likely All in all 244 continues to perform as advertised and Terry has no complaints FOLLOW ACTION REQUIRED EJK - Continue normal calls COPIES TO JRL TPN WCT JEW FILE FILE dal 9/8/78 PERMANENT LE . LE CC for |. J. W. Rawlings King City - File / File Niagara Falls - File ; 78 74 . _= UNION CARBIDE CORFORATION CORFORATION P.O. Box 579 Niagara Falls N.Y. 14302 END USE Polyester By R. E. Byrne Date 9/23/71 Full Name Interplastics Address = 2015 N.E. Broadway Minneapolis Minn Mfrs of Interviewed W. Sofko OBJECTIVE Determine results of introductory program for 244 DISCUSSION and Bill Sofko told Tom Norris and me that the resulting resin sampled to 5 or 6 most of the TL of 244 has been used date there have been no bad customers whom they can watch results Interplastics especially likes carefully the To advantage of 244. They are learning how to mix it economic including a Cowles 150 HP in their several different mixers agrees with laboratory resultHsockSmoefyekro aadnmditas MtehyeeyrsalsoEawcehntis different and none through this with silica The Interplastics customer uses a pinch of TiO2 to mask the fact therefore is not aware of a difference in their trheastin244 is being used their Sofko resins also confirmed that they use about 100 This stabilizes both the styrene ppm hydroquinone inhibitor in all in the polyester resin mainly the maleic acid monomer and the ethylenic unsaturation facturers do likewise and that hydroquinone is pabooruttitohne bHeestclaims that all manu- not In general Interplastics feels that their ready to order again but so far program is going well they are They are strategy for its use which will encouraged 244 apparently involve They are formulating a usage should increase as they gain confidencea ipnartiitsal urseeplacement of silica Sofko asked about asbestos cited on TLV and respiratory protecttiooxnicology and seemed satisfied with the data we . FUTURE ACTION T. Norris " Sleep with - em . , . . Tybspned 9/28/71 :: J. E. T. P. L. W. C. J. E. Lenahan Norris Schult Thurber Walsh . KC File J. V. Murray Calidria Calidria ASBESTOS . ~ UNION CARBIDE CORPORATION P.O. Box 579 Niagara Falls N.Y. 14302 | : a : . E. J. Kleber and By H. B. Rhodes Date 9/2 - 9/5/75 Full Name Interplastic Corp. Address Minneapolis MN 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 agreed to help in any way possible and told him we'd be in on 9/5 course On 9/3 Terry called back and said they had decided to invite Mike Nyland of OSHA to this We agreed that this was a good idea and decided to meeting to get a head start on the meeting and try to let get together the evening of 9/4 their citations Interplastic know 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.fl 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. Housekeeping - the sticky part of this reads All external surfaces in violation is that the law maintained free of any accumulations of place of employment shall be asbestos fibers if with 9/5/75 We discussed these points at some that Interplastic was not about length to and left with the impression etc. unless they were be railroaded into paying fines absolutely sure they violated the law We met with Messrs Melin Guenther Weiss plus Mike Nyland from OSHA and Terry McCabe from Interplastic Interplastic Nyland comes across as a forcing standards which reasonable guy who has been given the job of are by his own admission darn near en- impossible understand It is an unenviable to marks for coming into the lion's position to be in and he deserves high tunately his thoughts are den and explaining his thoughts Unfor- that Interplastic probably as vague as the standard For example he said fiber count and their wouldn't asbestos have been cited had they shown him their an asbestos handling program handling is program We never did find out what keeping and medical He also admitted that both the house- than any hard and exam citations fast rules were based on his personal feelings rather never collected air it is important to note here that OSHA samples at has that it is difficult enough to look into Terry McCabe made the comment particular inspector is going to a interpret crystal the ball and predict how a something that the standard doesn't call law let alone anticipate but still wouldn't change his opinion for Nyland more or less agreed A number of other points were excessive covered such as definitions of None of thesceonqcueensttriaotnison sampling times housekeeping exposure guidelines etc. and were satisfactorily answered Nyland departed leaving everyone as on in that meeting it was decided confused OSHA regional director ASAP to have an as ever informal Based on what went discussion with the any A fiber count was run and the results showed significantly below sample = 1.0 levels that OSHA has 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 AREA4760 NEGION L TO 12, J ~ i Health ' Interplastic Corporation H ' 2015 N.E. Broadway / } } Minneapolis Minnesota 55413 ! H wm mee oe me 1 ee me ee ee Subject Citation for Alleged Occupational ~ ee ol Safety and Violation An inspection of a place of employment has of the is Occupational Safety and Health Act revealed conditions of 1970 29 which we believe do not comply with the provision described in the enclosed citation with references to U.S.C. 651 et seq The nature of such alleged violation said Act These conditions must be corrected applicable standards rules regulations and therein on or before the date shown to the right of euch allegepdronvoilsaitoinosnof th The Act requires that a copy of the enclosed at or near each place a violation referred to citation in the be prominently posted in a conspicuous place therein are corrected or for 3 working days citation whichever occurred It must remain posted until all upon receipt violations cited attached citation should be prepared to permit period is longer A sufficient number of copies of the provides for penalties for violation of the posting rpeosqtuiinrgemien natcscordance with the requirements of the Act The Act penalty You are hereby notified or will soon be violation You have the right to notified contest whether or not penalty ies will he proposed the Occupational Safety and Health any Review or all parts of either the citation or the as a result of the cite authority to issue decisions Commission The Review Commission is proposed penalty befor letter to the Area Director regarding at citation and proposed penalty If an independent agency with do notice regarding proposed the address shown above within 15 working dayysouafter contest you should submit a the penalty as ies If you fail to contest within the 15 receipt of the certified mail proposed shall be deemed to be a final order of the working day period the citation and Review Commission and not subject to revie If an employer contests the citation the abatement the Commission's final order in the period specified therein for delay or avoidance of penalties case PROVIDED the employer initiated does not begin to run until the date of his contest in good faith and not solely You have a right to request a discussion with the dates citations penalties etc. Please direct Area Director concerning any results of the inspection the top of this letter A request for an correspondence to or informal call the Area Director abatement at the address shown filing a notice of contest Therefore a request discussion for cannot extend the 15 working day period allowed at Area Director prior to the end of the 15 an informal discussion should be brought to the for working days allowed for filing a notice of attention of the contest preferably as soon as violation An employee or representative of stated in the citation for the abateemmepnltoyoefesthme aayllefigleeda notice letter to contest the reasonableness of the time Alleged violations that are not contested shall be followup inspection may be made for the corrected within the abatement period specified in the required by the Act and corrected the purpose of ascertaining that the employer has posted the citation A period may result in further proposed alleged violations Failure to correct on alleged violation withicnitation as correction of an alleged violation penalties for each day the alleged violation has not the abatement does not affect the initial proposed penalty been corrected Timely Correction of alleged violations which have the Area Director promptly upon an abatement period of 30 days or less should be such alleged violation and the correction date of Reports of corrections should show specific reported in writing to days a written progress report should such action On alleged violations having an corrective abatement action on each done what remains to be done and be the submitted each 30 days The progress report date should of more than 30 is fully abated the Arca Director time should needed to fully abate each such violation detail When what has been be so advised . the alleged violation The Act provides that whoever knowingly gives false information is subject to a fine both up to 10,000 imprisonment If you wish additional information Under the Occupational days Sundays 3 you may direct such request to the undersigned Safety and Health Art the term or Federal Holidays Working Day means Mondays through Citation Enclosed at the address shown above Fridays but does not include Salur- Quantity Pages Nonserious . Serious ~ a and Repeated 4. Notification of Proposed Penalty enclosed Yes No . U.S. Department of Labor by Area Director Vernon P. Fern s ---- --,, 5.. ---- -- --,,-- --,, Pree ---- --,, et August 29 19 25 OSMARC Mov Szal 1973 CITATION Koom 437 rederal 110 South Fourth Courts Street Bullding Minneapolis Minnesota 55401 | 4760 5 | L fern . me nan en meen Soe ee L ! TO H H Interplastic Corporation 2015 N.E. Broadway H ! 3. Citation Number l - i H Minneapolis Minnesota 55413 . I Le ~~ H 4. Page 1 of 5 1 ! _I 6 . 4.TYPE OF ALLEGED VIOLATION ' . 7 An inspection was made August 27 8 2015 N.E. 1975 of a place of employment located at Brooafdway Minneapolis MN 55413 4 Manufactupor lyeestr er resins : and described as follows ' f On the basis of the inspection it is alleged that you have violated the Occupational Safety and Health Act of 1970 4 29 U.S.C. 651 et seq in the following respects 10 : Item : number ay : 4 ; ; 11 Standard regulation or section of the Act allegedly violated All References are from Title 29 CFR Part 1910 1 | 1910.93a 12 Description of alleged violation 13. Date by which f i alleged violation { must be corrected 4 i | 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 f } 1975 r 2 | 1910.931a 4 : . 4 ~ 4 3. | 1910.93a 5 5 External surfaces have not been maintained free of accumulations of asbestos fibers For example in which the asbestos is stored was observed to Areas have significant amounts of free asbestos on the floor on the bags of asbestos and on the asbestos skids Sept. 12 1975 . t- iv f Medical examinations as required by 1910.93a Nov. 28 1975 & 4 have not been provided to employees exposed to a asbestos 3 q aq vs id : q = j . 4 4 4 > ps ; Me d : . : 4 4 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 alleged violations cited therein are posted until all corrected or for 3 working days whichever period is longer RIGHTS OF EMPLOYEES Any employee or representative of employees who believes that any period of time fixed in this citation for the a violation is unreasonable has the right to contest such time for correction by submitting a letter to the U.S. correction of of at the address shown above within 15 working days of the issuance of this citation Department Labor No person shall discharge or in any manner discriminate against any employee because such or instituted ur caused to be instituled any proceeding under or related to this employee has filed any complaint proceeding or because of the exercise by such employee on behalf of himself Act or has testified or is about to testify in such 1 of the Occupational Safety and Health Act of 1970 29 U.S.C. or others 651 660 of any right afforded by this Act Sec 11 e er turhale HOoclciudpaaytsional Safety and Health Act the term Work. ing Day means Mondays through Fridays but does not include Saturdays Sundays atte te Nl Sse . LR ' ' ' ' ' ier 'OC Issuance 29 re Issuance Date August 19 75 AL cr RU See ME Dt Se ... ... ... .: . " - . , ae : ir : : a Minneapolis . Room 437 Federal Courts -------- 110 South Fourth Street Building 9 4760 Minnesota 55401 . -- n = 2 j ' t } L = = om o - e ow =_- = =e om = ane ws com - eo ae ~ Interplastic Corporation 2015 N.E. Broadway i Minneapolis Minnesota 55413 i s I eee, a4 3 . Date . . August Augst 29 1975 IS NO REQUIREMENT THAT THIS NOTIFICATION BE POSTED NOTIFICATION OF PROPOSED PENALTY This notification and the peanity ies and Health Review Commission l'an proposed by the Secretary of Labor shall be deemed independent not subject to review by any coun or of contest The letter of contest shouladgebnecy agency with authority to issue decisions to be the final order of the Occupational Safety unleas within 15 working days from the respecting date of estations and proposed proposed Denaltiest mailed of this notification If no actice of notification contest or otherwise delivered to the Area receipt of this und in filed within the 15 working day Director period the named below at the you submit address shown a letter proposed penalty ies becomes final and aits the top Payment of all penalties shown is to be by Payment of penalties should be remitted mtao dtehe check or money Ares order payable to the ardet of Occupational Director at the address shown above Safety and Hesl~-b Section 17 of the Act to the United States states and Civil penalties owed under this the district where the may be recovered violarion is in civil action in the het shall of be paid into the Treasury of the United alleged to have occurred or wherneamthee emtphleoyUenritheads SittastepsribnrcoipuaglhtofinfithceeUnited StSattaetsesdiasntrdicsthacloluratccforrue 4 29thday On the 29thday of _August 1975 of the Occupational Safety and Health 1970 a citation was issued notified of certain alleged violations ofActtheof 1970 84 Stat to you 1601 29 U.S.C. 651 et in accordance with the provisions of Section Act as specified in that citation et seq hereinafter referred to as the Act You were thuXsa YOU ARE HEREBY NOTIFIED that citation pursuant proposed based on the pursuant to the provisions of Section 10 of the Act the penaltyfies set forth below is we being * . SC NONSERIOUS NONSERIOUS VIOLVIAOLATTIOINS ONS SA SB Citation No. Item No. Proposed Penalty 1 2 $ 150.00 Ciration No. VIOLATIONS Item No. Proposed Penalty i 2 90.00 w 90.00 7 : Total Proposed Penalty for All Alleged Violations 330.00 Area Director " Date ThTehe 1 1 The proposed penalty for Nonserious - " The _August 29 The to be taken within the period prescribeVdiolinations of safety and health acandarda reflects a 50 1 bid 1975 percent adjustment will be added to such other the citation Il a particular alleged violation is adjustment factor f^,rcartective setian period No abatement credit is allowed penalty na may subsequently be proposed for not failure corrected within this period the 50 percent BPO 138-439 for violacions of secordkeeping or posting to correct requirements a vialation within the abatement . OSHA.3 E. E. Lenahan P. P. Norris . L. L. Schult C. Thurber E. E. Walsh File File File J. V. Murray Calidria 7 UNION CARBIDE CORPORATION P.O. Box 579 Niagara Falls N.Y. 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 coveredCofnorducatny fsiubreprricsoeusnt tahterteheir Pryor OK plant to insure that Interplastic . 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