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