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Water Pollution Control Plant_IOSHA Proposed Settlement AgreementChester J. Culver, Governor Patty Judge, Lt Governor David Neil, Labor Commissioner December 21, 2010 Mr Michael Van Milligen City Manager City of Dubuque - WPCP 795 Julien Dubuque Drive Dubuque, IA 52003 Dear Michael. As a result of our discussion on December 8, 2010, and several phone calls and a -mails with Steve Nadel (attorney) we have reached a tentative agreement resolving disputed citations and penalties. The document has been signed and dated by myself and requires the signatures of an authorized company official to make the agreement binding upon the company The agreement must be signed and returned to this office on or before, December 22, 2010. The payment must be received no later than January 7, 2011. No changes are to be made to this agreement without prior mutual agreement being reached between you and myself It should be noted that the Original Citation and proposed penalty, if any, will become a Final Order of the Employment Appeal Board unless the Settlement Agreement is signed or a notice of contest Is filed within 15 working days of your receipt of the original citation. If you have any questions regarding any of the matters discussed in this letter, please contact me at your earliest convenience_ Tom L. VanderLinden IOSH Executive Officer Enclosures Copy to Steve Slater, Iowa OSHA Administrator /Deputy Labor Commissioner C.F — 08712(315036699/P6984) Division of Labor Services Division of Labor Services 1000 East Grand Avenue • Des Moines, Iowa 50319 -0209 • Phone (515) 281 - 3606.800- 562 -4692 • Fax (515) 281 -7995 www.lowaworkforce.org /labor Equal Opportunity Employer /Program Auxiliary aids and services are available upon request to Individuals with disabilities. For deaf and hard of hearing, use Relay 711. WORKFORCE DEVELOPMENT DEPARTMENT DIVISION OF LABOR SERVICES IOWA OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION In the Matter of: City of Dubuque - WPCP and its successors 795 Julien Dubuque Drive Dubuque, IA 52003 IOSH NO: 3150366991CF o8712/P6984 The law gives you or your representative the opportunity to object to any abatement date set for a violation if you believe the date to be unreasonable. Any contest to the abatement dates of the citations amended in paragraph four (4) of this Settlement Agreement must be mailed to the Department of Workforce Development Department, Division of Labor Services at 2.000 East Grand, Des Moines, Iowa 50319, within 15 working days (excluding weekends, State and Federal Holidays) of the receipt by the employer of this Settlement Agreement. You or your representative also have the right to object to any of the abatement dates set for violations referred to in paragraph three (3) provided that the objection is mailed to the office shown above within the 15 working day period established by the original citation. The undersigned employer and the undersigned representative of the Iowa Occupational Safety and Health Administration ( IOSHA), in settlement of the above citation and penalties which were issued on November 24, 2010, hereby agree as follows: 1. The employer agrees to the abatement terms in paragraph 4, listed below: 2. The employer agrees to pay the total penalty of $962.5o by January 7, 2011. 3. The employer and (OSHA agree that the following citations and penalties, if any, are not being amended by this agreement: None INFORMAL SETTLEMENT AGREEMENT NOTICE TO EMPLOYEES 4. (OSHA agrees that the following citations and penalties are being amended as shown (see attachments): Cit. No. 1, Item 1 —The penalty is reduced to $962.5o. The classification is changed to other. The abatement date is changed to 1/14/11 for a written explanation of the clean up process and to 4/30111 for the actual clean up. The employer may request and obtain extensions for the abatement dates by filing a PMA (Petition for Modification of Abatement). Cit. No. z, Item 1- This citation remains other with no penalty. The abatement date is changed to 1/14 111. The employer may request and obtain time extensions for the abatement date by filing a PMA (Petition for Modification of Abatement). Cit. No. z, Item 2 - This item is vacated. 5. The employer agrees to immediately post a copy of this Settlement Agreement in a prominent place at or near the location of the violations referred to in paragraphs three (3) and four (4) above. This Settlement Agreement must remain posted until the violations cited have been corrected orforthree (3) working days (excluding weekends, State and Federal Holidays), whichever is longer. 6. In consideration of the foregoing amendments to the citations, the Employer hereby waives its right to contest said citations pursuant to Section 88.8(3) of the Iowa Occupational Safety and Health Act. It is understood and agreed by the Iowa Occupational Safety and Health administration and the Employer that the citations as amended by this agreement shall be deemed a final order of the Employment Appeal Board not subject to review by any court or agency. 7. This Settlement Agreement was reached between the following parties on December 21, 2010. Except for these (OSHA proceedings, and any other subsequent (OSHA proceedings between the parties, none of the foregoing agreements, statements, findings and actions taken by the Employer shall be deemed an admission by the Employer or the City of Dubuque of the cited allegations. The agreements, statements, findings and actions taken herein are made for the purpose of compromising and settling this matter economically and amicably, and they shall not be used for any other purpose whatsoever, except as herein stated, and they are not to be construed as an admission of liability by the Employer or the City of Dubuque for any other purpose at law, in equity, or otherwise. 4IvviU awilj Tom L. VanderLinden IOSH Executive Officer Workforce Development Department Division of Labor Services loon E. Grand Avenue Des Moines, IA 50319 (5 281 -7008 ___ Michael Van Milligen City Manager City of Dubuque - WPCP 795 Julien Dubuque Drive Dubuque, IA 52003 , Iowa Division of Labor Services Occupational Safety and Health Bureau Citation and Notification of Penalty Company Name: Inspection Site: Citation 1 Item 1 Company Name: Inspection Site: (a) City of Dubuque . Water Pollution Control Plant 795 Julien Dubuque Drive, Dubuque, IA 52003 -9996 Citation and Notification of Penalty Page 4 of 6 Inspection Number: 315036699 InspectionDates: 09/30/2010- 11/05/2010 Issuance Date: 11/24 /2010 Type of Violation Serieifs 101 City of Dubuque — Water Pollution Control Plant 795 Julien Dubuque Drive, Dubuque, IA 52003 IAC 875 — Chapter 26 1926.850(e): Prior to permitting employees to start demolition operations, when the presence of any hazardous substances was apparent or suspected, testing and purging was not performed and the hazard eliminated before demolition was started: 795 Julien Dubuque Drive, Dubuque, IA — Employees of other employers were exposed to a hazardous chemical, elemental mercury, from the bearings in the center piers of Structure 30 Excess Flow Equalization Tanks while the employees of other employers were removing the bearing- containing structural component from the Tanks prior to beginning demolition of the Structure 30 Excess Flow Equalization Tanks. This removal process was performed contrary to the contract and direction of the Landowner/Employer. This condition was noted on or around 9/23/2010. Date by Which Violation Must be Abated: 20/21 Proposed Penalty: $ 13-7-110 1 (2. 5 - 0 N Pi-L.--kv& (t' I It r wri e Eke1.04..0 -`iw.. c{.(30(tl See pages 1 through 3 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. OSHA -2 (Rev 9/93) Iowa Division of Labor Services Occupational Safety and Health Bureau . Citation and Notification of Penalty Company Name: City of Dubuque • Water Pollution Control Plant Inspection Site: 795 Julien Dubuque Drive, Dubuque, IA 52003 -9996 Citation 2 Item 1 Type of Violation: Other Inspection Number: 315036699 Inspection Dates: 09 /30/2010.11/05 /2010 Issuance Date: 11/24/2010 IAC 875 Chapter 10 1910.38(b) The written emergency action plan was not kept at the workplace and made available for employee review. (a) 795 Julien Dubuque Drive - Dubuque, Iowa - The employer failed to develop and maintain a written emergency action plan when hazardous chemicals such as, but not limited to: elemental mercury were present at the work site. Mercury was located in two filtration tank bearings and exposed during demolition operations. This condition existed on or about 09/30/2010. ` L II t�l t See pages 1 through 3 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 5 of 6 OSHA -2 (Rev 9/93) Iowa Division of Labor Services Occupational Safety and Health Bureau Citation and Notification of Penalty Company Name: City of Dubuque - Water Pollution Control Plant Inspection Site: 795 Julien Dubuque Drive, Dubuque, IA 52003 -9996 Citation 2 Item 2 Type of Violation: Other a s, a- e- Inspection Number: 315036699 Inspection Dates: 09/30/2010 - 11/05/2010 Issuance Date: . 11/24/2010 IAC 875 Chapter 10 1910.1200(e)(2)(ii)• The employer's hazard communication program did not include methods the employer will use to inform the other employers) of any precautionary measures that need to be taken to protect employees during the workplace's normal operating conditions and in foreseeable emergencies. (Construction Reference: 1926.59) (a) 795 Julien Dubuque Drive • Dubuque, Iowa . Employees of other employers were exposed to a hazardous chemical when elemental mercury from the bearings in two filtration tanks prior was released- This condition existed on or about 09/30/2010. Stephen J at Deputy Labor Co 'f"4^' oner /Iowa OSHA Administrator See pages 1 through 3 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 6 of 6 OSHA -2 (Rev. 9/93) Iowa Division of Labor Services Occupational Safety and Health Bureau 1000 E. Grand Avenue Des Moines, IA 50319 Phone: 515- 242 -5870 FAX. 515-281 -7995 Company Name: Inspection Site: Issuance Date: Case File/CSHO ID: PENALTY SUMMARY City of Dubuque - Water Pollution Control Plant 795 Julien Dubuque Drive, Dubuque, IA 52003 -7996 11/24/2010 8712 / P6984 Summary of Penalties for Inspection Number 315036699 on 7 �— �R171C Citation 2, Other '��11`:= �i1ttAi _ $ 55011 Cl t, 7 .50 Stephen J Sla Deputy Labor Page 1 of 1 loner /Iowa OSHA Administrator