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HomeMy WebLinkAboutMINUTES - 05171988 - IO.5 .LrO. .� THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 17, 1988 , by the following vote: AYES: Supervisors Powers, Fanden, McPeak, Torlakson, Schroder NOES: None ABSENT: None ABSTAIN: None ----------------------------------------------=------------------- ------------------------------------------------------------------ SUBJECT: Asbestos Removal at USS-POSCO The Board received the attached report dated May 9, 1988 from the Internal Operations Committee recommending that the issue of asbestos removal at USS-POSCO be removed from referral to the Committee and that no further action be taken. Supervisor McPeak advised that after further review she believed that the matter should be kept on referral to Internal Operations and that further efforts should be made to obtain the records of the asbestos removal and to determine whether or not there were any violations. A representative of the Contra Costa Building Trades Council, 2727 Alhambra Avenue, Martinez, commented on a report from Thermo-Electron indicating that crystal type asbestos was present in the material removed from USS-POSCO and urged the Board to investigate the matter thoroughly. Sam French, representing Associated Builders and Contractors, 106 Ardmore Way, Benicia 94510, recommended that the Board accept the report from the Health Services Department concluding that no asbestos was present and no laws broken. Supervisor McPeak recommended that the matter be kept on referral to Internal Operations in light of new information presented. Board members being in agreement, IT IS ORDERED that the report on further information relative to asbestos removal at USS-POSCO is ACKNOWLEDGED. IT IS FURTHER ORDERED that the matter is REFERRED back to the Internal Operations Committee. CC: Internal Operations Committee County Administrator Health Services Director Ihweby certify that this Is a true and correct copy of an eceion taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: ozg_ PHIL BATC HEt_ . , Cler:: of the Board of Supentisors and County Administrator By , Deputy t'OBOARD OF SUPERVISORS. I. 0. FROM: Contra INTERNAL OPERATIONS COMMITTEE Costa DATE: May 9, 1988 CN "u' SUBJECT: Asbestos Removal at USS-POSCO Co ,l� " SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Remove this item as a referral to our Committee and take no further action on the- subject at this time. BACKGROUND: Our Committee has had on referral for some time a concern expressed to our Committee about whether or not any laws were - broken at the time that ceiling tiles allegedly containing asbestos were removed from the USS-POSCO plant (then U. S. Steel) following a fire at the plant in late 1985 . Our Committee last reported to the Board on this subject March 1, 1988 , at which time the Board directed that substantial additional information be obtained not only from the firm which removed the tiles, but from . the U. S. Environmental Protection Agency and other agencies. On May 9, 1988, the Health Services Director filed the attached report with our Committee. The conclusion reached by the Health Services Department from all of the contacts they have made is that there is no evidence that any asbestos in a friable form was present in the USS-POSCO plant at the time the tiles were removed following the fire. We have been unable to uncover any solid evidence that any asbestos was present and, as a result, it appears that no laws were broken. If there were any evidence that friable asbestos was present, then a large body 'of laws and regulations may have been violated. However, in view of the lack of 'evidence following an exhaustive investigation by the Health Services Department, we are left with the conclusion that no laws were broken based on the information available to us at this time and,. therefore, . are recommending that the item simply be removed from our Committee, and that the Board take no further action at this time. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR _X RECOMMENDATION OF BOARD COMMITTEE X APPROVE OT SIGNAT E(S): Sunne W. cPeak p Tom Torlakson AC ON OF BOARD ON May 17, 1988 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _ UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: - OF PERVISORS ON THE DATE SHOWN. CC: County Administrator ATTESTED Health Services Director PHIL BATC R. CLERK OF THE BOARD OF Environmental Health Director SUPERVISORS A OUNTY ADMINISTRATOR M382/7-83 sY_ PUT.Y =� CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT To: Internal Operations Committee Date: May 6, 1988 From:Mark Finucane, Direc r Subject: Health Services Department By: Dan Bergman, Director y ti—� U.S. STEEL FACILITY Public Health Divisio IN PITTSBURG On February 22, 1988 your committee directed Health Services Department to send letters of inquiry to the following agencies and Government officials concerning the asbestos related issue resulting from the fire over the Pickle line at the U.S. Steel facility in Pittsburg, California in late 1985 and early 1986. C.H. Heist Corporation of Brunswick, Ohio U.S.S. Posco . State Department of Health Services California Occupational Safety and Health Administration . U.S. Occupational Safety and Health Administration . Governor Duekmejian . Congressman George Miller • East County Council of Industries . West County Council of Industries Copies of our correspondence to each of the agencies and officials specified by your committee are attached for your review and information. To date, we have received written responses from the U.S. Department of Labor and the State of California Safety and Health Administration . Both of these agencies expressly stated that they did not have any information in their files relating to the fire over the Pickle line that resulted in asbestos exposure concerns . We also received a verbal response from Mary Lansing representing Congressman George Miller's Office. Ms . Lansing indicated that to the best of their knowledge there were no other Federal agencies of jurisdiction over = the issues presented in this inquiry other than the U.S. Department of Labor, Occupational Safety and Health Administration . Ms . Lansing further indicated that they do not have direct authority on the Heist Corporation and that Congressman Miller' s Office remains available to assist your committee in any way that would be helpful . We are also attaching for your review, the previous correspondence provided by the Heist Corporation dated 11/20/87 and the U.S.S. Posco Industries dated 2/24/88 relating to the asbestos exposure issues . Also attached for your review is the opinion from County Counsel dealing with applicable law and regulatory agencies having jurisdiction over the issues presented by your committee. Note County Counsel ' s conclusion that the regulations governing A-41 x;81 -2- the safety of the asbestos workers are written so that they apply to all employees and not merely to asbestos workers and that there appears to be ample protection of the health of the employees and the public assuming the applicable laws are being enforced. We are additionally attaching a copy of our prior report dated 1/22/88 for your review. The responses that we received from the officials of the U.S . Occupational and Safety Administration, State of California Department of Industrial Relations - Division of Occupational Safety and Health as well as the correspondence dated 2/24/88 from U.S.S. Pasco Industries indicates that the fire over the Pickle line in late 1985 that damaged roof tiles was not viewed at the time nor specifically treated as an incident involving potential asbestos exposure to employees. It is clear from the correspondence and lack of documentation verified by the regulatory agencies, that no asbestos exposure investigations were conducted. If we can be of any further assistance, please let me know. MF:DB:cbc Attachments IOCom w 1 Contra The Board of Supervisors Costa{ Health Services Department Tom Powers,1st District County Nancy C.Fanden,2nd Distnct J OFFICE OF THE DIRECTOR r Robert 1.Schroder,3rd District Sunne Wright McPeak,41h District Mark Finucane, Director Tom Torlakson,5th District Adm n strauve Offices * h : 20 Alien Street CountCount Administrator ;:,;s y tart nez.California 94553 1151372-1416 Phil Batchelor County Administrator April 5, 1988 Mr. Hal Downey, President The Industrial Association of Contra Costa County P. 0. Box 728 Pittsburg, CA 94565 Dear Mr. Downey: The Internal Operations Committee of the Contra Costa County Board of Supervisors has been investigating the fire that occurred over the pickle line at the U. S. Steel facility in Pittsburg, California in late 1985 and early 1986. The con- cerns expressed by our Board Members relate to the potential asbestos exposure from damaged ceiling panels and cleanup of debris to both contract employees and the IJ. S. Steel employees working in the area. Additional expressed concerns include protective clothing and other apparatus to prevent exposure to employees; manifesting asbestos containing debris; and disposal of contaminated wastes at an appropriate landfill . We are requesting that your association inform your members that the County Department of Health Services is available to provide investigative assistance and make appropriate recommendations to protect your workers from contamination or exposure in the event that an asbestos removal project is undertaken at their facilities. We emphasize that the County Department of Health Services will provide such expertise in the absence of assistance from either Federal or Cal OSHA. We would appreciate your requesting your members to voluntarily notify the County Department of Health Services, Environmental Health Division at 1111 Ward Street, Martinez, CA 94553, or call (415) 646-2286 in advance when any asbestos - removal work is scheduled to take place at their facilities. Thank you for your cooperation and efforts in responding to our request. Sincerely, Mark Finucane Health Services Director MF:08:rm -Z�5 ' t Contra The Board of supervisors Costa Health Services Department Tom Powers.1st District County Nancy C.Fanden.2nd District JJ OFFICE OF THE DIRECTOR Robert I.Schroder,3rd District sunne Wright McPeak,4th District Mark Finucane,Director Tom Torlakson,5th District , Administrative Offices Count Administrator - - 20 Allen Street r.•;� County L`� Martinez.California 94553 Phil Batchelor 1415)372-4416 County Administrator April 5, 1988 Mr. Barry R. Toms Executive Director Council of Industries P. O. Box 5189 Hercules, CA 94547 Dear Mr. Toms: The Internal Operations Committee of the Contra Costa County Board of Supervisors has been investigating the fire that occurred over the pickle line at the U. S. Steel facility in Pittsburg, California in late 1985 and early 1986. The con- cerns expressed by our Board Members relate to the potential asbestos exposure from damaged ceiling panels and cleanup of debris to both contract employees and the U. S. Steel employees working in the area. Additional expressed concerns include protective clothing and other apparatus to prevent exposure to employees; manifesting asbestos containing debris; and disposal of contaminated wastes at an appropriate landfill . We are requesting that your association inform your members that the County Department .of Health Services is available to provide investigative assistance and make appropriate recommendations to protect your workers from contamination or exposure in the event that an asbestos removal project is undertaken at their facilities. We emphasize that the County Department of Health Services will provide such expertise in the absence of assistance from either Federal or Cal OSHA. We would appreciate your requesting your members to voluntarily notify the County Department of Health Services, Environmental Health Division at 1111 Ward Street, Martinez, CA 94553, or call (415) 646-2286 in advance when any asbestos removal work is scheduled to take place at their facilities. Thank you for your cooperation and efforts in responding to our request. Sincerely, Mark Finucane Health Services Director MF:DB:rm _�44 _ Contra The Board of Supervisors Costa Health Services Department Tom Powers.1st District County Nancy C.Fanden,2nd District OFFICE OF THE DIRECTOR Robert 1.Schroder,3rd District Sunne Wright McPeak,4th District Mark Finucane,Director Tom Torlakson.5th District I Administrative Offices 20 Allen Street County Administrator Martinez.California 94553 ;»151372-4416 Phil Batchelor County Administrator April 4, 1988 The Honorable George Miller Congressman 7th Congressional District 367 Civic Drive, Suite 14 Pleasant Hill , CA 94523 Dear Congressman Miller: The Internal Operations Committee of the Contra Costa County Board of Supervisors has been investigating the fire that occurred over the pickle line at the U. S. Steel facility located in Pittsburg, California in. late 1985 and early 1986. The concerns expressed by our Board Members relate to the potential asbestos exposure from the damaged ceiling panels; worker safety of both the contract employees from the Heist Corporation and the. U. S. Steel employees working in the area of the fire and cleanup at the time; protective clothing and other apparatus to prevent exposure during cleanup operations; manifesting asbestos containing debris; and disposal at a proper landfill . Our Internal Operations Committee is also specifically concerned with whether the C. H. Heist Corporation was licensed as a specialist in asbestos removal at the time they performed the contract work for U. S. Steel Corporation. We would like to request your offices' assistance in obtaining all available records in the possession of the C. H. Heist Corporation and any documents relating to this issue in the possession of any federal agencies that had jurisdiction. Attached are copies of prior inquiries and responses resulting from this investigation for your information and review. Our Internal Operations Committee has scheduled this issue for further consideration the first week of May, 1988. Any assistance that you can provide to help our Internal Operations Committee in their efforts to address these concerns and determine an appropriate course of action to prevent exposures and assure the future safety of workers involved in these types of activities will be greatly appreciated. Sincerely, l� Mi nucane Health Services Director YF:DB:rm " 345 Mttachment Contra The Board of Supervisors Costa Health Services Department Tom Powers, 1st District county NanRoberC.Fanden,,3rdDitrict OFFICE OF THE DIRECTOR Robert 1.Schroder,3rd Distract ��`'=� Sunne Wright McPeak,4th District Mark Finucane, Director Tom Torlakson,5th District 4 Administrative Offices County Administrator "' ? 20Allen Street s'' Martinez.California 94553 a(.rte `����_ (415)372-4416 Phil Batchelor t: ` County Administrator March 24, 1988 The Honorable George Deukmejian Governor of the State of California State Capitol , First Floor Sacramento, CA 95814 Dear Governor Deukmejian: The Internal Operations Committee of the Contra Costa County Board of Supervisors has been investigating the fire that occurred over the pickle line at the U. S. Steel facility located in Pittsburg, California in late 1985. The concerns being expressed by our Board members relate to the potential asbestos exposure to the U. S. Steel employees and workers of the Heist Corporation who were working in the area of the .fire debris at the time. Our Board is also concerned about the use of protective clothing and other apparatus to prevent asbestos exposure during the cleanup operations, and whether Cal/OSHA was requested to investigate and oversee the cleanup activities. at .the time. We would like your office to review the Cal/OSHA files and send copies of all records relating to the U.S. Steel fire debris removal activity that occurred in late 1985 and early 1986 to the Contra Costa County Health Services Department, 20 Allen Street, Martinez, CA 94553. Our Internal Operations Committee has scheduled this issue for further consideration the first week of May, 1988. Your prompt reply will be very much appreciated. We emphasize our Board's expressed position that the worker safety and health services previously provided by Cal/OSHA were essential to minimize employee exposures to hazards in the workplace and to assure industries' responsible compliance with applicable state law. We vigorously support the need for Cal/OSHA to be continued as a viable agency of state government. Thank you for your consideration and efforts in responding to our request. Sincerely yours, Mark Finucane Health Service Director MF:DB:rm -3.5 3 Contra The Board of Supervisors Costa Health Services Department Tom Powers, 1st District County . Nang C.Fanden.2nd District OFFICE OF THE DIRECTOR Robert I.Schroder,3rd District Sunne Wright McPeak,stn District Z, Mark Finucane, Director Tom Torlakson,5th District ' Administrative Offices 20 Allen Street County Administrator ^ Martinez.California 91553 ``. Phil Batchelor tea':'i i- �: (1 t5)372-4416 County Administrator March 23, 1988 Duane F. Worthington II Regional Manager C. H. Heist Corporation P. 0. Box 540 Brunswick, OH 42212 Dear Mr. Worthington: The Internal Operations Committee of the Contra Costa County Board of Supervisors reviewed the November 20, 1987 correspondence from C.H. Heist Corporation to our Department of Health Services concerning the cleanup of ceiling debris at U.S. Steel Corporation. in Pittsburg, California in late 1985 and early 1986. As you may recall , the fire occurred over the pickle line and resulted in damage to the steel ceiling panels coated with an asbestos con- taining surface. After reviewing your correspondence and related reports dealing with the fire debris, worker safety, potential exposure to U.S. Steel employees at the time, cleanup procedures, and debris disposal , the Internal Operations Committee requested the following additional information: - copies of any records that you retain pertaining to the removal of debris at the U. S. Steel facility in 1985 - 86; - definitive statement and/or records of the protective gear furnished to your employees or the employees of U.S. Steel workinq in the immediate area of the cleanup activity; - any other relevant records or information that would pertain to potential asbestos exposure from this contract project; safety precautions for involved workers; manifests of asbestos containing debris; and disposal methods. Please provide copies of all records currently in your possesion that bear on these issues to Contra Costa County Health Services Department, 20 Allen Street, Martinez, CA 94553. Your prompt reply will be very much appreciated. Our Internal Operations Committee has scheduled this issue for further consideration in the first week of May, 1988. Thank you for your consideration and efforts in responding to this request. ..•.. Sincerely, Mark Finuc ne Health Services Director A-3.15 .3 MF:D B:rm t .� Contra The Board of Supervisors CostaHealth Services Department Tom Powers,ist District County Nancy C.Fanden,2nd District OFFICE OF THE DIRECTOR Hobert I.Schroder,3rd District .�.•.. t;_�,:.•,, Sunne Wright McPeak.4th District Mark Finucane,Director Tom Torlakson,5th District Administrative Offices ;--5— �'>' 20 Allen Street County Administrator �i..,. Martinez.California 94553 Phil Batchelor h,_i...i_;`q� 1415)372.4116 County Administrator March 23, 1988 Mr. R. W. Stranberg Chief Division of Safety and Health State of California Department of Industrial Relations 525 Golden Gate Avenue, 3rd Floor San Francisco, CA 94102 Dear Mr. Stranberg: The Internal Operations Committee of the Contra Costa County Board of Supervisors has been investigating the fire that occurred over the pickle line at the U.S. Steel facility in Pittsburg, California in late 1985 and early 1986. The concerns expressed by our Board Members relate to the potential asbestos exposure from the damaged ceiling panels, worker safety of both the contract employees from the Heist Corporation and the U.S. Steel employees working in the area at the time; protective clothing and other apparatus to prevent exposure during cleanup operations; manifesting asbestos containing debris, and disposal at a proper landfill . We would like your agency to provide the following information to assist our Internal Operations Committee in their efforts to address these concerns and determine an appropriate course of action to prevent future exposures and assure the safety of all involved parties: - What laws were in effect in California at the time the asbestos removal work was undertaken (October 1985 - March 1986) which related to the need for the work to be done by a licensed contractor specializinq in asbestos removal , protection for nearby workers, and disposal of the asbestos containing debris? - What work was actually done at the United States Steel plant in Pittsburg and what state or federal agencies were notified that the work was being undertaken? - What records currently exist that are in the possession of United States Steel or USS POSCO, or to your knowledge any state or federal regulatory agency, which describe the work that was done, precautions taken to protect the health and safety of workers involved in the cleanup project or workinq in nearby areas, and how the asbestos material was disposed of at the time? 4-345 ?7 Mr. R. W. Stranberg -2- March 23, 1988 Please review your records and send copies of all relevant documents to the Contra Costa County Department of Health Services, 20 Allen Street, Martinez, California, 94553. Our Internal Operations Committee has scheduled this issue for further consideration the first week of May, 1988. Your prompt reply will be very much appreciated. Thank you for your consideration and efforts in responding to this request. Sincerely, Mark Finucan Health Services Director MF:DB:rm Baia Contra The Board of supervisors Costa Health Services Department Tom Powers.1st District County Nancy istrict OFFICE OF THE DIRECTOR Robert I.Schroder,3rd Distract }' � Sunne Wright McPeak.41h District Mark FInuCBn@,Director Tom Torlakson,5th District �•: :� ��---���••• -jmmtstrauve Offices County Administrator i'`' ` '� 'A"zn Street :arunez.California 94553 Phil Batchelor h;i.., -151 3i2-•1416 County Administrator March 23, 1988 Mr. Frank Strasheim Regional Administrator Occupational Safety and Health Administration U. S. Department of Labor 71 Stevenson Street, 4th Floor San Francisco, CA 94105 Dear Mr. Strasheim: The Internal Operations Committee of the Contra Costa County Board of Supervisors has been investigating the fire that occurred over the pickle line at the U.S. Steel facility in Pittsburg, California in late 1985 and early 1986. The concerns expressed by our Board Members relate to the potential asbestos exposure from the damaged ceiling panels, worker safety of both the contract employees from the Heist Corporation and the U.S. Steel employees working in the area at the time; protective clothing and other apparatus to prevent exposure during cleanup operations; manifesting asbestos containing debris, and disposal at a proper landfill . We would like your agency to provide the following information to assist our Internal Operations Committee in their efforts to address these concerns and determine an appropriate course of action to prevent future exposures and assure the safety of all involved parties: - What laws were in effect in California at the time the asbestos removal work was undertaken (October 1985 - March 1986) which related to the need for the work to be done by a licensed contractor specializing in asbestos removal , protection for nearby workers, and disposal of the asbestos containing debris? - What work was actually done at the United States Steel plant in Pittsburg and what state or federal agencies were notified that the work was being undertaken? - What records currently exist that are in the possession of United States Steel or USS POSCO, or to your knowledge any state or federal regulatory agency, which describe the work that was done, precautions taken to protect the health and safety of workers involved in the cleanup project or working in nearby areas, and how the asbestos material was disposed of at the time? A-34- 2 ? Mr. Frank Strasheim -2- March 23, 1988 Please review your records and send copies of all relevant documents to the Contra Costa County Department of Health Services, 20 Allen Street, Martinez, California, 94553. Our Internal Operations Committee has scheduled this issue for further consideration the first week of May, 1988. Your prompt reply will be very much appreciated. Thank you for your consideration and efforts in responding to this request. Sincerely, Mark Finucan Health Services Director MF:DB:rm ..� Contra . . The Board of Supervisors Costa Health Services Department Tom Powers,1st District County Nancy C.Fanden.2nd District OFFICE OF THE DIRECTOR Robert I.Schroder.3rd District `• Sunne Wright McPeak,4th District �`'% �'` Mark Finucane, Director Tom Torlakson.5th District Administrative Offices ' z 20 Allen Street County Administrator 1^ �`i��rb `���'� Martinez.California 94553 Phil Batchelor (415)372-4416 County Administrator March 23, 1988 Kenneth Kizer, M.D. Director State Department of Health Services 714-744 P Street Sacramento, CA 95814 Dear Dr. .Kizer: The Internal Operations Committee of the Contra Costa County Board of Supervisors has been investigating the fire that occurred over the pickle line at the U.S. Steel facility in Pittsburg, California in late 1985 and early 1986. The concerns expressed by our Board Members relate to the potential asbestos exposure from the damaged ceiling panels, worker safety of both the contract employees from the Heist Corporation and the U.S. Steel employees working in the area at the time; protective clothing and other apparatus to prevent exposure during cleanup operations; manifesting asbestos containing debris, and disposal at a proper landfill . We would like your agency to provide the following information to assist our Internal Operations Committee in their efforts to address these concerns and determine an appropriate course of action to prevent future exposures and assure the safety of all involved parties: - What laws were in effect in California at the time the asbestos removal work was undertaken (October 1985 - March 1986) which related to the need for the work to be done by a licensed contractor specializing in asbestos removal , protection for nearby workers, and disposal of the asbestos containing - debris? - What work was actually done'--at the United States Steel plant in Pittsburg and what state or federal agencies were notified that the work was being undertaken? - What records currently exist that are in the possession of United States Steel or USS POSCO, or to your knowledge any state or federal regulatory- agency, which describe the work that was done, precautions taken to protect the health and safety of workers involved in the cleanup project or working in nearby areas, and how the asbestos material was disposed of at the time? Kenneth Kizer, M.D. -2- March 23, 1988 Please review your records and .send copies of all relevant documents to the Contra Costa County Department of Health Services, 20 Allen Street, Martinez, California, 94553. Our Internal Operations Committee has scheduled this issue for further consideration the first week of May, 1988. Your prompt reply will be very much appreciated. Thank you for your consideration and efforts in respondinq to this request. Sincerely, Mark finucan Health Services Director MF:DB:rm STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Govemor DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF OCCUPATIONAL SAFETY AND HEALTH s� 525 GOLDEN GATE AVENUE ?r' SAN FRANCISCO +� ADDRESS REPLY TO: P.O. BOX 603 SAN FRANCISCO, CA 94101 April 19 , 1988 i Mr. Mark Fi'nucane , Director Contra Costa County ✓i 1 Health Setvi Ji1T�f SFaVi Office of/ theeDi rrepctorment Cc��4,46IN,'z;�RAT,Of4 20 Allen, Street Martinez , CA 94553 Dear Mr. Finucane : I am in receipt of your March 23 , 1988 letter regarding the potential exposure to employees due to fire which occurred at the U. S . Steel facility in Pittsburg , California in late 1985 and early 1986 . We are currently searching the Division inspection file archives in order to determine if an inspection was conducted relative to the fire at the U . S . Steel ( USS POSCO) and/or Heist Corporation in the referenced years . It is not possible to provide the information you have requested at this time until we determine if we have the inspection files . If we are in possession of any information relative to the fire and potential asbestos exposure at the U . S . Steel facility in Pittsburg , you will be contacted immediately. Sincerely , . W. Stranberq Chief /rb cc F. R. Ciofalo , Ph . D. R. Garcia E . Callanan S-677 STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor DEPARTMENT OF-INDUSTRIAL RELATIONS DIVISION OF OCCUPATIONAL SAFETY AND HEALTH 525 GOLDEN GATE AVENUE y : SAN FRANCISCO ADDRESS REPLY TO: P.O. BOX 603 SAN FRANCISCO, CA 94101 April 26, 1988 Mr. Mark Finucane, Director Contra Costa County Health Services Department Office of the Director 50 Allen Street Martinez, CA 94553 Dear Mr. Finucane: As follow-up to today's telephone conversation with Mr. Dan Bergman, this is to inform you that we have searched our files and are not able to locate any investigation conducted by the Division, at U. S. Steel in Pittsburg, California, Heist Corporation or USS POSCO relative to the fire that occurred over the pickle line in late 1985 and early 1986. As was discussed with Mr. Bergman, our records indicate that the Division conducted inspections on March 3 , 1986 and April 18 , 1986 at U. S. Steel's Pittsburg facility. An accident investigation was conducted on March 3, 1986 by the Division, regarding an injury to a mechanic while working with an electro plating anode on the #2 E.T. line. On April 18, 1986, the Division conducted an inspection of the 54-inch pickle line electrical basement for debris (i.e. , broken concrete and oil) and flooded areas. As you will note, asbestos-containing materials were neither investigated or mentioned in these reports. If we can .be of further assistance, please contact me at (415) 557-1:946. Sincerely,J. Rober�Garci a Interim Program Manager Field and Technical Operations BG/rb cc R. W. Stranberg F. Ciofalo, Ph. D. E. Callanan S-6» U.S. Department Of Labor Occupational Safety and Health Administration P 71 Stevenson Street ' San Francisco,California 94105 ; Reply to the Attention of: �1 1 4 1998 H�q( �Q14;;7n j � r •.r. mark rinucane, Director �, r.,, health Services Department -r Rgr/ov Contra Costa County l 2U Allen Street Martinez, CA 9u553 Dear It . F i nucane: Phis is in response to your, letter of March 23, 1988, requesting information relative to a fire that occurred over the pickle line at the U.S. Steel facility in Pittsburg, California in late 1965 and early "19ob. We have no records relative to this fire. At that time, CAL/OSHA was still enforcing Lhe Occupational Safety anti Health Act, and any records pertaining to an investigation ot" that fire would be with CAL/OSHA. For your in- formation, their address is as follows: Division of Occupational Safety and Health Directcr of" Industrial Relations State of` California Y.U. Fox 603 San Francisco, CA 94101 Sincerely, Frank Str•ash im Regional Administrator November 20 , 1987 Environmental Health Dept. Contra Costa- County 20 Allen Street Martinez , California 94553 Attn: Dan Bergman Dear Sir: As per our phone conversation, on 11-19-87, the following describes the proceedure followed at the U.S . Steel Plant in Pittsburgh, California: 1. The employees were furnished protective clothing, gloves and respirators . 2. Materials sucked up with the Hepa Vac were put in to plastic bags , sealed, tagged and put into dumpsters provided by U.S . Steel for asbestos . .3. Other material picked up and cleaned went in to the dumpster provided by U.S. Steel. Each dumpster was marked as to its contents. 4 . No asbestos materials were transported by C. H. Heist Corp. Any further questions, please contact me at my office - 216--225-9662 . Sincere Duane F . Worthington Regional Manager DEW;cw C. H. Heist Corporation P.O. Box 540 E Brunswick, OH 44212 77 Telephone 216/225.9662 r, �- P.O. Box 471 USS-POSCO INDUSTRIES �— Pittsburg, California 9¢.5j6�5; t !� ON Fe t r u r 4, 19c8 Mr . 7�an D4_raman Ass_'s-ant Healt:, Services Director Environmental Health Centra Costa Count, Heaith Services Department SO Allen Street Martinez, California 94553- Dear 4553Dear Mr . Beraman: :his letter is in response to Your 'eler•hone reauest for certain at:cn pertaining to queries raised in ti:•e internal -per Cions _o^mittee Eeetina of February =ollowina T..^.e :ire in the root of the :'ictal-e Line at U.S. Jieel 'S :'ittsbura ?lant on e0ruary 10, !985, a formai investiaation was conducted by the Company which is our normal practice for incidents of '!;is nature. it was concluded that the :ire did not involve an event reportable to CAL-OS'H,A, and that the ensuina repairs to the roof did not require prior authorization. from CAL-OSHA. Accordinaly, neither fire nor the subseauer.t repairs was reported to CAL-OSHA. Since the employer is orecluded by law from learnina of employee complaints, I cannot advise you whether any employee complaints were ever sent to CAL-OSHA concernina the fire or, the repairs. i can, however , advise You that no CAL-OSHA inspection of the area damaaed by the :ire cr the subsequent repairs was ever conducted expressly in response to an employee complaint . A representative or federai OSHA, whip conducting_ a safety inspection of an unrelated matter on Auaust 5, 1987 , was asked by a local union representative to inspect the repaired roof . He :Yid so and , because his responsibilities did not include industrial 'r,yaiene, he referred rage .^,latter t•o the appropriate section of :ederai OSHA. Federai OSHA asked us for certain, information concerning_ the roof , which we supplied 'see attached ierter dated September 8, 1987 from r..e to 11r . Allendor: , Area D:recicr c. federal OSHA) . Presumably feder..l has chosen not -D ;urs!e 'n_a ih3tt=r , S1nce we have hear-i ;;othl:i7 and n� ...S�)eCt ' :.. -7- We draw your attention to the fact that we have written to your office before with essentially the same information set forth here, and that Bruce Benike, an Industrial Hygienist from your office, inspected the roof on August 20, 1987. For your information we enclose a copy of Mr. Torlakson's letter of September 1 , 1987, and Mr. John Gibson 's reply of October S, 1987. As the enclosed letter from me, dated November 12, 1987, indicates, conies of the enclosed were sent to Your office to the attention of Mr. Benike. We believe we have, in this letter and prior correspondence, provided you with a full background concerning the fire and subsequent repairs. It serves no purpose to continue to re-visit these matters and accordingly we hope that this matter can be laid to rest . very truly yours, Tan Mato ian Attachments cc: R.A. Hilton D.R. Smith W.M.E. Haley COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY 5 tS Date: March 23, 1988 MARTINEZ, CALIFORNIA To: Mark Finucane, Director, Health Services Department Attn: Dan Bergman, Assistant Health Services Director From: Victor J. Westman, County Counsel �( By: Vickie L. Dawes., . Deputy County Counsel Re: Asbestos Removal - This responds in part to the Board' s February 22, 1988 request for a report on the laws governing the removal of asbestos from U.S. Steel, whether those laws preempt local government from promulgating regulations , and if not, advice as to the areas in which the County can regulate worker safety and protect the public health regarding asbestos removal and disposal . .There is no single, simple answer to this request. There are at least four regulatory agencies which oversee the various aspects of asbestos removal ; .CAL/OSHA, FED/OSHA, the Environmental Protection Agency, and the Bay Area Air Quality Management District. Each of these regulatory agencies has its own statutes and regulations. . The applicable statutes and/or regulations depend on the type of. removal job to be done; i.e. , demolition or renovation; the surface from which the asbestos is being removed; whether the asbestos is friable or not; the size of the removal job; and the area of concern, i .e. , worker health and safety or air pollution (public health) . Business and Professions Code section 7058. 5 provides in pertinent part that "on and after January 1, 1987, no contractor shall engage in asbestos-related work, as defined in Section 6501. 8 of the Labor Code, which involves 100 square feet or more of surface area of asbestos containing materials , unless the qualifier for the license passes an asbestos certification examination. " "Asbestos-related work" is defined in Labor Code section 6501. 8 as "any activity which by disturbing asbestos-containing construction materials may release asbestos - fibers into the air -. . . . " In turn, "asbestos-containing construction material" means "any manufactured construction material which contains more than one tenth of 1 percent asbestos by weight. " By its terms, Business and Professions Code section 7058. 5 only applies to contractors engaging -in asbestos-related work, including removal. Labor Code section 6501. 5 provides that "effective January 1, 1987, any employer or contractor who engages in asbestos-related work, as defined in section 6501. 8, and which involves 100 square feet or more of surface area of asbestos-containing material , Dan Bergman 772- March 23, 1988 shall register with the [Division of Occupational Safety and Health] . " The purpose of registration is to "provide a safe and healthful place of employment. " In order to engage in asbestos-related work, - every employer must provide health insurance, carry-workers ' compensation, or provide a $500 trust account. for each employee-engaged in asbestos related work. The employer must train .and certify- all employees, -be proficient, and have the necessary equipment to ,safely do . asbestos-related work. Sections 341. 6 through 341. 14 of Title 8 of the California Code of Regulations set forth the registration requirements for any employer who will be engaging in asbestos-related work involving 100 square feet or more of surface area of asbestos- containing material. These regulations echo and expand upon Labor Code section 6501. 5 . For example, section 341. 7 requires the employer seeking registration to prove that the employer has knowledge of the applicable occupational safety and health standards, that the conditions, practices, means , methods, operations or processees used or proposed to be used will provide a safe and healthful place of employment, and that the employer is proficient in and has the necessary equipment to safely perform asbestos-related work. It should be noted that these regulations are Occupational Safety and Health Regulations under the authority of CAL/OSHA. One of the registration requirements of section 341. 7(b) is "proof that all training and certification requirements for employees engaged in asbestos-related work have been completed in accordance with all requirements of law and section 5208, Title 8 California Administrative Code. " Section 5208 is an 8 page regulation with 13 subsections . This regulation appears to apply to employers and employees who perform asbestos work, rather than employees who may be working in an area where asbestos work is being performed. However, section 3202(a ) of Title 8 of the California Code of Regulations ( formerly the California Administrative Code) provides that the general industry safety orders , of which section 5208 is one, "apply to all employments and places of employment in California as defined by Labor Code - section 6303 Labor Code section 6303 defines "place of employment" as "any place, and the premises appurtenant thereto, where employment is carried on, except a place the health and safety jurisdiction over which is vested by law in, and actively exercised by, any state or federal agency other than the [Division of Occupational Safety and Health] . " "Employment" is then defined as "the carrying on of any trade, enterprise , project, industry, business , occupation or work, including all excavation, demolition, and construction work, for any process or operation in any way related thereto, in which any person is engaged or permitted to work for hire except household domestic service. " Dan Bergman -3- March 23, 1988 Thus, although the regulations are geared towards employeess performing asbestos-related work, the statutory application is broader. (See also Cal. Code Regs . , tit. 8, art. 107 (§§ 5139ff) which sets up minimum standards for the prevention of harmful exposure of employees to dusts , fumes , mists, vapors, and gases; and Lab. Code, §§ 9000-9061, known as the Occupational Carcinogens Control Act of 1976. ) In the federaf` arena _ we have the Occupational Safety and Health Act (29 U. S.C. §§ 651-678) . The Occupational Safety and Health Act applies "with respect to employment performed in a work place in a State . . . . " (29 U. S.C. § 653 (a) . ) Additionally, section 1910 . 1001 of Title 29 of the Code of Federal Regulations governs "all occupational exposures to asbestos . in all industries covered by the Occupational Safety and.Health Act. " (Subsection (a) of 1910 . 1001. ) This regulation runs 12 pages, not including the 8 appendices thereto. Section 1910 .1001 sets the permissible exposure levels for employees , how to monitor exposure levels , the means for meeting the permissible exposure levels , etc. This regulation is very similar to Title 8, Code of California Regulations, sections 5139-5144 and section 5208. "Construction work" is excepted from the application of section 1910 . 1001. "Construction work" means "work for construction, alteration, and/or repair, including painting and decorating" including "removal or encapsulation of materials containing asbestos . " ( § 1910 . 1001 (a ) ( 2 ) , § 1910 . 12(b) and § 1926. 58 (a) (2 ) . ) Construction work is governed by 29 Code of Federal Regulations, section 1926. 58. Section 1926. 58 closely parallels section 1910 . 1001. There are also federal regulations governing hazardous air pollutants, like asbestos. These regulations are found in Title 40 , Code of Federal Regulations , section 61 (especially §§ 61. 40- 61. 156 ) . The application of these regulations depends on the amount of asbestos involved in the demolition or renovation project. To a large extent, enforcement and implementation responsibility under section 62 has been delegated to the Bay Area Air Quality Management District (§ 61. 04(b) (F) ) although the Environmental Protection Agency retains its jurisdiction. The Bay Area Air Quality Management District (BAAQMD) has promulgated Regulation 11, Rule 2 to prevent emissions of asbestos particles into the air during demolition, renovation, or removal of building materials containing asbestos. Again, the application of Rule 2 depends on the size of the demolition, renovation, or removal project. The laws and regulations cited above pertain either to worker safety or to the protection of the public health . It is difficult to determine what regulations the County would issue on these Dan Bergman -4- March 23, 1988 subjects without a better understanding of the area( s ) of concern. It may be possible to formulate regulations which specifically address the health and safety of nearby workers as opposed to the workers actually performing the asbestos work, but our reading of the federal and state OSHA laws and regulations is that nearby employees are also protected. The regulations governing the safety of the asbestos workers are written so that they apply to all employees and not merely to asbestos workers . There appears to be ample protection of the health of employees and the public, assuming the applicable laws are being enforced. VLD:tb cc: Phil Batchelor-; County Administrator CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT' •CO T-C- �C To: Internal Operations Committee Date: January 22, 1988 Supervisor Sunne McPeak Supervisor Tom Torlakson From: ���� Subject: Mark Finucane �'A""' '` - Asbestos - USS Posco Health Services Di{pct r . by Dan Bergman Assistant Health Ser ces Director Environmental Health In response to the Board of Supervisors' directives dated July 21, 1987; September 28, 1987; and October 27, 1987, the Environmental Health Division staff conducted an investigation of the issues presented including alleged acid spills and asbestos removal at USS Posco. A written reported dated August 21, 1987 was presented to the Internal Operations Committee by Environmental Health Division staff addressing the acid release issue and specifically detailing a July 20, 1987 Report of Airborne Asbestos Samplinq conducted by Med-Tox Associations, Inc. for USS Posco Industries. The remaining unresolved inquiry concerned removal and disposal of asbestos roofing material over the pickle line in early 1986. We have finally been suc- cessful in obtaining a response from the contractor, C. H. Heist Corporation. According to Duane F. Worthington II, Regional Manager of C. H. Heist Corporation, in his November 20, 1987 letter (see attached), Heist employees were furnished with protective clothing, including respirators for handling the roofing debris. Roofing debris was vacuumed up and placed into a dumpster pro- vided by U.S. Steel for asbestos containing debris. Mr. T. G. Matosian, Manager - Safety Department for USS Posco, in his December 11, 1987 letter (attached) confirmed Mr. Worthington's statement that U.S. Steel provided the dumpsters and managed the roof repair debris disposal. According to T. G. Matosian, Manager-Safety Department for USS Posco: o U. S. Steel manifested the debris; o The bagged roofing debris was disposed of at Acme Fill in Martinez; o Manifest #84863402 was copied to the Environmental Health Division for verification. A-41 3/81 Internal Operations Committee -2- January 22, 1988 We are unable to obtain any other agency reports or verifications relating to the circumstances of the roof repair contract over the pickle line in early 1986. It is not possible at this point to comment on measures taken to protect U.S. Steel employees at the time from potential asbestos exposure from the cleanup project. The procedures taken by C. H. Heist Corporation to protect their employees, as stated in their letter, were appropriate. Manifesting asbestos containing debris to Acme Fill in Martinez, a Class II-I landfill does not appear to violate laws or regulations governing asbestos disposal at that time. If you require any additional information or clarification, please let me know. DB:rm - cc: William Walker, M.D. Wendel Brunner, M.D. C. L. Van Marter