TAMMY BALDWIN COMMITTEES:
APPROPRIATIONS

COMMERCE

(Valli tEd ?t?t?g ?znatz HEALTH, EDUCATION,

LABOR, AND PENSIONS
WASHINGTON, DC 20510

July 28, 2017

The Honorable Dorothy Dougherty

Deputy Assistant Secretary of Labor
Occupational Safety and Health Administration
200 Constitution Avenue NW

Washington, DC. 20210

Dear Secretary Dougherty:

I am writing regarding the status of Occupational Safety and Health Administration (OSHA)
investigations into Mid-America Steel Drum Company sites in St. Francis and Oak Creek,
Wisconsin. Since February, I have repeatedly requested that OSHA investigate these facilities in
response to whistleblower concerns and media reports that describe serious health and safety
risks and potential violation of federal law. Despite my repeated requests, OSHA has not yet
inSpected these facilities. inaction is extremely troubling and I would reiterate my
previous request that you immediately investigate the St. Francis and Oak Creek facilities.

In conversations with my staff earlier in the year, OSHA intimated that it would not investigate
the Oak Creek and St. Francis facilities without a complaint from an employee working at those
facilities. While I understand that employee referrals are frequently used by OSHA to identify
sites to inspect, they are by no means necessary, and the lack of an employee complaint should
not preclude an OSHA inspection. In fact, according to Field Operations Manual, other
acceptable referral methods include media reports and government agency referrals.

A letter addressed to me dated May 19, 2017, from Ken Nishiyama Atha, OSHA Regional
Administrator, noted, ?if any site specific allegations of serious hazards were brought to 
attention regarding either the Oak Creek or St. Francis sites, they would be evaluated and
handled in accordance with policies and procedures.? On June 30, 2017, the Milwaukee
Journal Sentinel published a storym noting that according to court documents, operations at the
facilities ?appeared to EPA inspectors to be ?staged? to create the appearance of compliance with
applicable environmental regulations.? In addition, two EPA inspectors became ill after
investigating the Mid-America Steel Drum facility in St. Francis, Wisconsin. The story noted
that on February 24, EPA inspectors ?saw barrels fuming at the St. Francis plant, indicating that
drums were not emptied.? EPA investigators also reportedly interviewed residents who live near
the St. Francis facility and found that, ?residents report health complaints including dizziness,
itching, watery eyes, rashes on exposed skin, nausea, vitamin issues,
cardiovascular diseases and throat cancer.? Health and safety concerns have also been reported
at the Oak Creek facility. The Journal Sentinel reported, ?At the Oak Creek inSpection on March

 

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plants/4354 13001/

2, inSpectors identi?ed several areas of concern. Workers used metal blades to cut the drums
containing unknown and potentially ?ammable chemicals, creating a risk of explosion.?

Media reports make clear that there are serious site speci?c allegations regarding the Oak Creek
and St. Francis sites. I encourage you to review these media reports and the investigation
of the facilities.

While OSHA has only inspected the facility in Milwaukee, other federal agencies have inspected
each of the three facilities following my requests for investigation. The Department of
Transportation and the Environmental Protection Administration have each inspected the three
facilities and their reviews are ongoing. Additionally, the Wisconsin Department of Natural
Resources investigated the three facilities and cited the company for violating 19 environmental
lawslz]. Finally, the investigators secured a federal search warrant to investigate the
facilities because EPA believed that the company had staged operations at the facility to mask
potential violationsm. In sum, various government agencies have been very active investigating
and uncovering concerns, violations and risks to health and safety that should provide OSHA the
evidence needed to investigate all three facilities.

Instead of looking for reasons not to act, OSHA should immediately investigate the allegations

regarding health and safety risks at the St. Francis and Oak Creek facilities. I appreciate your
attention to this matter.

Sincerely,

.7 Kg.
amm aldwin
Unite States Senator