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 ... ...
...
.:
.
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-
.
,
ae
:
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: :
a
Minneapolis . Room 437 Federal Courts
--------
110 South Fourth Street Building 9
4760
Minnesota 55401
.
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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