Date: Fri, 13 Mar 2009 11:19:19 -0500
Reply-To: "Long, Don" <don.long**At_Symbol_Here**WGINT.COM>
Sender: DCHAS-L Discussion List <DCHAS-L**At_Symbol_Here**LIST.UVM.EDU>
From: "Long, Don" <don.long**At_Symbol_Here**WGINT.COM>
Subject: Re: Mercury cleanup by a contracted vendor
Comments: To: "Dr. Jay A. Young"
In-Reply-To: A<10291B767C0E4F99878CC85E9091CE8B**At_Symbol_Here**chemical6df00a>

All - I popped this out earlier but I'm not sure if it went where it was 

Let me support Dr. Young's statement -

Since Dominican University is located in River Forrest Illinois, how 
about contacting someone in the Illinois EPA ?

Below is a contact listed on the their website, We 
all have experience and/or great ideas, but.......this might be the best 
place for Kathleen to start.

On their site it states: "For information on mercury product laws and 
regulations in Illinois, please contact Becky Jayne at 217-524-9642."

They also have asbestos information on their site with phone numbers and 
other contact info. (Illinois EPA Asbestos Unit).

Don A. Long
Southwest Research Institute Laboratory
Pine Bluff Chemical Agent Disposal Facility
PO Box 20130
White Hall, AR  71612

-----Original Message-----
From: DCHAS-L Discussion List [mailto:DCHAS-L**At_Symbol_Here**LIST.UVM.EDU]On Behalf Of
Dr. Jay A. Young
Sent: Friday, March 13, 2009 10:24 AM
To: DCHAS-L**At_Symbol_Here**LIST.UVM.EDU
Subject: Re: [DCHAS-L] Mercury cleanup by a contracted vendor

To Carl and the others who are telling Kathleen what to do:

I recommend that you kind people be a bit more cautious.  Some of the 
that you are giving sure looks like legal advice to me.  It is not a 
idea for a person who is not an attorney to give legal advice to another 


Jay Young
----- Original Message ----- 
From: "Carl Zipfel" 
Sent: Thursday, March 12, 2009 6:08 PM
Subject: Re: [DCHAS-L] Mercury cleanup by a contracted vendor

>I do not believe that this statement is correct.  This is totally 
> on the amount of authority that you exercise over the contractor's
> employees.  If hire a contractor for a specific job spelled out in the
> contract, and  you do not give individual orders, or assign individual 

> work,
> you have limited, if any, OSHA responsibility (caveat: state 
> could differ).  You are not hiring someone, you are contracting a 
> The big IF here is:  If the contractor exposes your employees to 
> then you do have an OSHA obligation to your employees.  Here are some 
> things
> to consider for now and in the future:
> 1 - Get, and keep, your people away from this job.
> 2 - Shut the job down until the contractor agrees to operate in 
> with regulations
> 3 - Make a determination that the contractor is capable of doing the 
> 4 - In the future these two requirements should be written into any 
> purchase
> orders or contract.
> 5 - Do not assume any direct responsibility in overseen the 
> moment-to-moment
> work assignments for the job, or direct employee job assignments.  Set
> standards of performance, and then write them into the contract, then 
> back and let the contractor do his job.  Monitor the job to make sure 
> the contractor is fulfilling his agreed to performances, but do not 
> his employees.
> 6 - Contact your attorney to determine what legal course of action, if 

> any,
> that you may want to take against the contractor.  Do not contact OSHA
> without your attorney's advice.  You are under no obligations to 
> 7 - You are under an obligation to protect your people (see item #1).  
> are under no legal obligation to protect another employer's people, 
> you assume those obligations (i.e. temporary employees hired from a 
> agency)
> 8 - Always make sure that any contractors that you hire cover they 
> employees
> with workers compensation insurance.
> 9 - Always make sure that any contractors that you hire have 
> insurance, and environmental liability insurance (if required).
> 10 - Have a written contractor's procedure that spells out you 
> requirements,
> and requires disclosure from them.
> 11 - I'm sure there are some other things, but these are the one that 
> can
> remember at this moment.
> Carl
> -----Original Message-----
> From: DCHAS-L Discussion List [mailto:DCHAS-L**At_Symbol_Here**] On Behalf 
> Nunn, Nate
> Sent: Thursday, March 12, 2009 4:20 PM
> To: DCHAS-L**At_Symbol_Here**LIST.UVM.EDU
> Subject: Re: [DCHAS-L] Mercury cleanup by a contracted vendor
> Kathleen,
> Under the regulations any vendor working for you on this or other
> projects is considered to be your employee.  You are responsible for
> making sure they are in compliance with all appropriate regulations.  
> you knowingly allow work to continue in violation of safety or health
> standards your employer, and in some cases you can be held liable in
> civil and where appropriate criminal court.  If you know they are
> violating government regulations you are required to take appropriate
> actions including if necessary shutting down their work.
> EHS Director
> TestAmerica
> Cell: 832.746.4976
> Toll Free: 877.785.7233
> -----Original Message-----
> From: DCHAS-L Discussion List [mailto:DCHAS-L**At_Symbol_Here**] On Behalf 
> Dr. Jay A. Young
> Sent: Thursday, March 12, 2009 2:45 PM
> To: DCHAS-L**At_Symbol_Here**LIST.UVM.EDU
> Subject: Re: [DCHAS-L] Mercury cleanup by a contracted vendor
> Kathleen,
> Get a lawyer as quick as you can.
> Jay Young
> PS: It may already be too late.  Get that attorney the day before
> yesterday.
> ****************************************
> ----- Original Message ----- 
> From: "Schmidt-Nebril, Kathleen" 
> To: 
> Sent: Monday, March 09, 2009 11:18 PM
> Subject: Re: [DCHAS-L] Mercury cleanup by a contracted vendor
> Currently I am the Dominican University CHO and am looking for 
> advice and/or resources to address the a situation I found myself in
> today.
> Our Physical Plant had hired an abatement contractor to clear our an 
> science building lab that had a known asbestos and Hg problem.  When I
> arrived on the scene to pick up another item this contractor had their
> crew
> of 5-7 non English speaking workers tearing out cabinets, counters etc
> in
> the contaminated room with absolutely no ventilation and only 2 
> wearing respirators for Hg toxic vapors?  The room itself was sealed 
> plastic and about 80F so I just knew the Hg vapor reading would be sky
> high.
> They had the room sealed because they had to keep the asbetos dust in?
> The
> company had an available Luminox instrument to detect air conc. of Hg
> and I
> insisted they stop work and check the room.  Of course the reading was
> off
> the chart with the unit min allowed Hg conc being 1000( not sure of 
> unit) we read at 45000!  I made quite a fuss to the vendor about their
> worker's safety and insisted the room be ventilated and work stop 
> levels were within allowable range. At the same time other contracted
> vendors were showing up to do work in the room and I recommended they
> wait
> for safe levels. These were not vendors I had contracted but I
> definitely
> could tell they had a total disregard for their own crews safety and
> safety
> in general.  How liable are we for contracted vendors safety?  Can we 
> held responsible for their workers becoming ill from exposure since 
> are
> not our employees?  I was hoping someone out there can help me 
> a
> strong case for safety to my employer with any website references or
> info
> you may have in these situations.
> Thank You
> Kathleen Schmidt-Nebril
> -----Original Message-----
> From: DCHAS-L Discussion List on behalf of Chrismarlowe
> Sent: Sat 3/7/2009 7:58 AM
> To: DCHAS-L**At_Symbol_Here**LIST.UVM.EDU
> Subject: Re: [DCHAS-L] Amorphous silicone dioxide silica
> Paul:
> WRT: "what do I say next time he wants to order in bulk!?"
> Tell him, "Yes. The institution supports purchase in bulk as long as:
> - The department will really use that much chemical long before it 
> bad
> and
> - The department has the physical and procedural ability to manage the
> material and its hazards."
> Stay healthy,
> Chris Marlowe
> 42 Highlander Dr
> Scotch Plains, NJ  07076
> 908 / 754 - 5160 (home)
> 732 / 539 - 8128 (cell)
> Krismarlowe**At_Symbol_Here**
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