Document q3k6V5KvGr7vno2X1o7rxzOXE

:::a : r. 1 MEMORANDUM PLAINTIFF'S EXHIBIT ECC-13 r. Hengsr --- oats ..cve:r,oe r ;s>8-' pm 3. 3. -Angle 3jsct Summary of 05HA Inspection Gtemmir: Vom a Comp 1 ainz v^piestc -A Beasley, R. F. Brown, T. E. Burns, ?. D. Folzenlogen, .1. F. Maon-ss, T. C. Nethery, H. G. Tipton, and File As approximately 9:GO a.m. on October ,J'J 1934, Mr. Alex F. Gimbie, industrial hygienist representing the ii. S Department of Labor's OSHA area office in Irving, Texas, arrived in the TEX employment office and requested to see Don Pringle. Mr. Gimbie stated that the nature of his visit was to investigate a complaint of an individual who wished to remann anonymous, 'he complaint alleged that employees of TEX and severe' subcontractors are being exposed to asbestos in areas where maintenance is being done such as 31dg. 25 where dismantlement is going on and asbestos is accumulating in the area and is being dispersed in work ar (See Attachment 1). He did not know if the ccmpla infant was an employ of Eastman or a contractor. An opening conference was held with Mr. Gimbie in accordance with SAP 700-10. A. R. Hengst, T. E. Burns, A. N. Beasley, H. G. Tipton, and Don Pringle were present and Mr. Gimbie acknowledged receipt of the letter required by the procedure (See Attachment 2). Don Pringle was designated as escort to accompany Mr. Gimbie throughout his visit. Mr. Gimbie stated that the visit would be limited to a health inspection relating to the complaint and he indicated that he would be in the plant no longer than two days. Mr. Gimbie requested information on several subjects. These included review of TEX health and safety programs as they relate to employee health and protection, physical examinations, wording of contracts regarding spelling out contractor's responsibilities to safety and health requirements, TEX information provided contractors regarding hazardous materials such as asbestos, and protective methods used by contractors and TEX while stripping, handling, and disposal of asbestos materials is in progress. He asKea if TEX has done any monitoring of contractor's exposures tc asbestos. He was advised that we have not monitored contractor's employees and cur policy is that we will not monitor their exposures. The contractor is responsible for determining their employee exposures and providing protective equipment. At Mr. Gimbie's request, excerpts from TEX contracts with Cleveland Wrecking was provided to nim showing wording regarding -'esponsibilities to safety and health requirements (See Attachment 2). Jeon arrival at Building 25 area, Mr. Gimbie interviewed Ed Wood of TEX Capital Programs group, Don Carmichael of Brown and Root supervision, and -ans Sever of Cleveland Wrecking supervision. He also interviewed Simmy Starnes, Harry Buckner, and Marcus Hulen who are Cleveland Wrecking employees. It was explained to him that toe demolition at Bldg. 25 is ..r.aer one direction of Cleveland Wrecking. Brown and Root pipefitters erk the area but do not go into areas where demolition is in orooress ' they work /ith asbestos. Curing the interviews with "EX and I eveSand Wrecking personnel, Mr. Gimbie asked questions regarding no use of protective clothing and equiement, trainir.o in its use, . y'.'.o 1 cve p " n h 1 g ** Sk ^ " yO pap r\ + * \t K- * .' 20 R. Hengst O ,',!ovember 2, 1384 cs.d length of time or, the TEX proje ct. He also observed all areas where demolition is in progress and noted now the areas where asbestos is present are designated by barricade t :nd signs with asbestos hazard warnings, how the asbestos insulation is wetted to prevent dust, packaging ;o marked elastic bags, loading into the dumpster, and how protective clothing ar.d equipment is `worn. Upon nis request, Mr. Gimble was provided with photographs documenting his observations. On October 31, 1984, Mr. Gimble returned for the purpose of monitoring Cleveland Wrecking employee exposures to asbestos. He placed a personal 'monitor on an employee working in Plant 1 and an employee working in Plant 2 areas. The dust monitors were left on the employees for the duration of the shift (7:15 a.m. to 2:45 p.m.). During the day he reviewed OSHA accident and illness summaries maintained by both Cleveland Wrecking and TEX (1982 to present) and was provided upon request TEX man hours worked during the years 1982 to present. A closing conference was held with Ben Wilson and Hans Geyer of Cleveland Wrecking at the end of the shift. A citation was issued to Cleveland Wrecking on the basis that Cleveland Wrecking did not perform initial monitoring in the work area to determine employee exposures as required by the OSHA regulations on asbestos. Mr. Gimble stated that the outcome of the monitoring that he conducted would determine if additional citations will be issued. It will take approximately three weeks to obtain the results'of the monitoring from the OSHA laboratory in Salt Lake City. He will advise TEX of the results also. A closing conference was not requested with TEX. No citations were issued to TEX nor did Mr. Gimble indicate any noncompliance problems with OSHA regulations during the insoection. : de-briefing conference was held with A. N. Beasley, P. D. Folzenlogen, R. Hengsl T. 0. Nethery, J. F. Magness, and H. G. Tipton following -Mr. Gimbl 's departure. A summary of the inspection was presented by Don Prinq e. During the meeting it was suggested that TEX personnel who assigned to Building 25 area be monitored for asbestos exposures although thev may not be involved in the demolition activities. This monjtorina scheduled to be dene November 2, 1984. Don Pringle . Co~c!3..i: r...-.T 0 S !; :r2: .'Street. Oiy. Slate. Z:-i KODAK 3LVD. AT ESTES amn; -CSrc-SS (!J C; llerent) (Street. Oty. Stole, Z:P; * ,\{"J) . TLA\)J\*\ //4t*r--l ansssT'eo: Otiioa1 DRIVE oe ct Business _. MFG. CHEMICALS LONGVIEW TX 75607 --------- [LUV's.0tO' VEiTu.ii/' , Ti1'Ar 73607 , , - Teteohone Numoer ; (214) 236-5000 ucanrCrsaC:aesrcc:r-.ption Describe bnelly the naar.rctsi v.mcn you oelieve exist. Include me approximate nu.-np.--r pi <e--n*owlnujvyx^.LVs exposed to or threatened Dy EMPLOYES OF TEXAS EASTMAN AND OF SEVERAL SUBCONTRACTORS ARE BEING EXPOSED TO .ASBESTOS FI3ERS IN AREAS WHERE MAINTENANCE WORK IS BEING DONE SUCH AS IN UNIT 25 IvHERE UNITS ARE BEING DISMANTLED AND ASBESTOS IS ACClI-fJLATING IN THE AREA AND > ifi o "t ATTACHMENT Z !S80 l!%f| ,A. 100-year tart on tonion-cv. To: Compliance Officer Welcome to Texas Eastman Company. Please advise us of anv way we can aid you in conducting your inspection in accordance with the apoiicable law and regulations. Texas Eastman Company is concerned, as are most chemical companies, that proprietary information concerning our manufacturing processes and equipment not be disclosed outside our Company. For this reason we hereby notify you, as provided by law, that all areas in our establishment contain or might reveal a trade secret. We request that all information obtained in > such'areas, including all negatives and prints of photographs, and environ mental samples, be labeled "confidential-trade secret" and not disclosed unless in accordance with exceptions contained in the law and regulations. We would appreciate any cooperation you might give us in trying to arrange photographs in a manner so as not to disclose any items which might be regarded as trade secrets. We will be glad to,assist by having our plant photographer take any necessary photographs for you. Also, in some areas of our plant, the taking of photographs constitutes a serious hazard. Please consult with your escort before taking any such photograohs, so that recognized hazards can bo avoided. Yours very truly, TEXAS EASTMAN COMPANY Receipt of Copy Acknowledged . b. department oi Labor, Qceupatior.ai Safety A Health Administration Name o; Government Agency or Department: TEX 2128 (11-81) MEMORANDUM TO TOM SUBJECT COPIES TO File date November 27, 1984 D. G. Pringle Results of OSHA Asbestos Monitoring on Cleveland Wrecking Employees A. N. Beasley, R. F. 3rown, 7. E. Burns, P. D. Folzenlogen, A. R. Hengst, J. F. Magness, 7. 0. Nethery, H. G. Tipton, and E. M. Wood On November 20, 1984, Mr. Alex Gimble of the OSHA area office in Irving, Texas, called me and requested that the results of exposure monitoring on Cleveland Wrecking be transmitted to Mr. Ben Wilson of Cleveland Wrecking. Two samples collected by Mr. Gimble on November 13, 1984, revealed employee exposures to airborne asbestos was 0.029 fibers per cubic centimeter of air and 0.081 fibers per cubic centimeter of air averaged over an 8-hour period. These levels are well below current OSHA exposure limits of 2 fibers per cubic centimeter of air. Mr. Gimble stated that no citations or further communication would be forthcoming. This information was given to Mr. Wilson in a meeting with Del Knox of Capital Praigrams on November 20, 1984. D. G. Pringle sjw be: Mr. Ben Wilson Cleveland Wrecking OCcuDnuonnl IJufuty and Health Administration Citation and Notification of Penalty Dallas Area Office Central Place, 1425 W. Pioneer Dr., Suite 230 Irving, Texas 75061-7181 . ______ _____ Tho vioiauon(s) described w mm ---- s:0:vs s UJ.ntK . inspection was made unless i otherwise indicated within thh _I description given oeiow. 3.Yc. Cleveland Wrecking Co. and its successors 1400 Harrison Avenue Cincinnati, OH 45214 3. Issuance Date 4. Inspection Number 11/13/84 L44206U 5. Reporting 10 6.CSHO 10 626300 Gi 159 7^^!:onal Report No. ft.^nge No ^ ul 10. Inspection Date(s): 10/30-31/84 11. Insoectton Site: Kodak Blvd. at Estes St, Longview, TX 75607 Attn: Mr* Marvin Rose, Pres rug LAW fiSOUlRES iha: a cooy of mis Citation do posted immediately m a prominent place at or neat ttve location o( the violations) cued betow Tho Citation must remain posted until the violations cited below have been abated, or tor 3 working days (excluding weekends and Federal holidays), whichever >s longer. This Citation describes violations ot tne Occupational Safety ana Health Act of 1970. The penaity(ies) listed below are based on these violations. You must abate the violations referred to m this Citation by the dates llstod below end pay the penalties pioposeo, unless within 15 working days (oxcluding weekends and Federal holidays) trem your receipt of this Citation and penalty you matt a nonce of contest to the U.S. Department ot Labor Area Cilice at the address shown above. (See the enclosed oookief which outlines yout tights end responsibilities ana should bo read m conjunction with this torn) You are furihor notilied that umess you mtorm me Area Director m writing that you intend to contest the Otaiion or proposed penalties within 15 working days alter receipt, this Citotion and me proposed penalties will become a final order ot the Occupational Safety and Health Review Commission and may not be reviewed by any court or agency issuance of mis Citation does not constitute a finding that a violation ot the Act has occurred unless mere is a failure to contest as provided for in the Act or. if contesltrd. unless the Citation is affirmed by the Review Commission, 12. Item Number 13. Standard. Regulation or Section oi the Act Violated 14. Description 15. Dale by wmen Violation Must Go Abated PArotn) aDllt Y/ilhln Ottyv i Roceif of Thli Notlfk Unian Conic (See Benocatods* MOBsreea.ftysoarSc6et Postrn 16, Penat i ?.r C1TR 1910.1001(f)(1): Initial monitoring was not conducted in a ,i a manner to determine whether every employee's exposure to airborne asbestos fibers is below the prescribed limits: (a) Initial monitoring was not conducted for airborne asbes tos in connection with demolition activities in area 25 of Texas Eastman Company, Longview, Texas. Approximately 30 employees potentially exposed. 12/20/84 $O &0 0.0-V/ 0.o<:< / / ft. /fo /'Ay?/ cc: Texas Eastman Company P. 0. Pox 7/.*'i4 I,nnptriov ( TX 75607 Attn: Mr- Ben Wilson, Job Supt. 15*. Area Director T. KNORPP rV=K, NOTICE TO EMPLOYEES -- The law gives an )im^ioyee or bif -presentative the opportunity to o&iect lo any abate rs _ cate set lor a violation it he believes the date to be unreasonaote. Tne contest must oe mailed to the U.S. Department o' Laoor Area Oltice at tne address shown r.bovo winn '5 .vcrKing cays (excluding weekends ana Fedora; rc: ci,st ot the iecc.pt by the employer ot this Cita tion and penalty. I i ! EMPLOYER DISCRIMINATION UNLAWFUL -- Tne law prohibils discrimination by an employer against an employee tor tiling a complaint or Ior exercising any ngnts unaer this Act An employee wno believes mat he nas oeen discriminates against rnav me a complaint no later than 30 davs alter mo discrimination wiin me U S Department ot Labor Ate,, Cl(ice ai me aodress shown aoove. t EMPLOYER RIGHTS ANO RESPONSIBILITIES -- The enclosed booklet outlines employer rights and responsibilities ana i sitouia oe rc-aa in coniuncuon vain this noulicauon. CITATION' A*tO /Or,rrjtTr/M| on ' $X> Tc (?or!! M<i < P*, notinl Km i hxml Response to Request No. 4 i