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University of Kansas Lawrence, Kansas
KANSAN
The University Daily
Thursday, June 18, 1981 Vol. 91, No.149 USPS 650-640
Contractor contests OSHA's asbestos citation
By TIM ELMER
Staff Reporter
Allegations that the R.D. Andersen Construction Co. mishandled asbestos at Marvin Hall have been contested by the contractor. The representative for the company, Stewart Entz, Topka lawyer, said yesterday, "We don't believe there were any violations of the federal law."
The citation is being contested on three issues, Entz said. The issues are whether Marvin Hall is within OSAH's jurisdiction to issue the citation, whether OSHA's procedures in filing the citation were proper and whether there actually was a legal violation.
In early June, the Occupational Safety and Health Administration in Wichita issued a citation against the Andersen Construction Co. alleging that the company violated a federal law regulating the handling and disposal of asbestos at the Martvin Hall renovation project.
Entz said the most significant of the three issues being contested, was whether a health safety violation had occurred. He declined to elaborate.
"I don't believe I should go into detail about the issues," he said, "because we don't want the other side to read about it in the paper."
Lee Enberg, industrial hygiene supervisor at the Wichita OSHA office, said asbestos had been identified as a carcinogenic substance.
"If the old asbestos material is not disposed of
The contractor failed to take proper precautionary steps in handling and disposing of the asbestos, he said.
OSHA's citation alleged that the contractor "willfully" violated OSHA regulations.
Enberg explained that "willful" means that OSHA thought the company was aware of the potential health hazard created by the violation
THE CTITATION ALLEGUES that the Andersen company did not place caution signs in areas where asbestos may have been in excess of safe limits, that caution signs were not placed on articles or containers of asbestos at the site and that asbestos levels were not monitored.
Because asbestos levels were not monitored,
the citation explained, excessive levels of the material were found at the site and waste materials contaminated by asbestos were not properly disposed of.
"A citation is a list of allegations against the company and proposed penalties," he said.
In addition to the specification of violations, Emberg said, the citation ordered an end to the violations and imposed a $2,000 fine on the company.
The Andersen company had 15 days to resend
to the citation. Entz said a letter of contest was filed this week with the OSHA office in Wichita
Entz said the asbestos that had fallen from, openings in the floors had been removed from the site and that the asbestos remaining in the floors had been sealed and encased.
"The elevator shaft and the air ducts are there and they have all been sealed," he said. "The
See ASBESTOS page 10
May,1981
Ampersand
Ponier all had percentages. Over here, felis
**GORGE C. SCOTT has optioned the book**
*The Last Days of Patton*, written by Paton: Ordeal and Trumbull author Ladisfar, about the last nine months of Patton's life; with a Ginger tribute and debt with Patton after the war, but was, as they say, highly fictionalized.
**HARMED LIVES**, the best seller by Michael Korda about his colorful Hungarians in Hollywood family, will be filmed, but only the last part — about uncle Alex and his young wife. To be written and directed by Nicholas Meyer (Time after Time).
SAMUEL FULLER, the director writer whose Big Red One earned critical acclaim last year, will next do White Dog, based on the Romain Gary novel, but Fuller announced he would deviate from the book's focus on Gary and his then-wife actress Jeen Seberg, and instead would concentrate on the tale of a young woman who inherits an attack dog
Bad Taste Is Timeless
A &M thought the group's name was in a bad taste," a spokesperson for the Dead Kennedys independent label, IRS (the records are usually distributed by A&M) told Billboard recently, "but we think of them as the American Sex Pistols."
A&M's reluctance is especially whimsical in light of an album cover and promo shot they put out about a month earlier. It depicts the "artist," Patrick D. Martin, grinning wickedly and holding pistol-piol grip, devices apparently detonators. A thick wire extends from the bottom of the croft of a female model, seen only from the waist down. If A&M's policies have a rationale, it must be that sexual mutilation is terrific but political satire is repulsive.
HUMMER MAMAS AND PAPAS founder and currently cured junkie John Phillips says he's still planning to reorganize his group, but it would include only two originals — the Philadelphia daughter, actress Mackenzie Philips, and Spanky MacFarland, who had a
number of hits in the late Sixties with Spanky and Our Gang.
Hiatt on the Block
IF THE ROOF had collapsed, an Amper
iSand correspondent who viewed John
Hatt's recent LA. club dates, the record
was that he had been a deprived,
deeply represents of Gelfen, Warners,
This Month's Lawsuit
A&M, Chrysalis and Atlantic all turned up for Haiti's first performances since divorcing himself from MCA Records and completing a tour as support guitarist to Ry Coeder. According to our main on the map of Haiti, he played bass in the (our March issue feature on Haiti). When he finished a set, you got the feeling they would climb the stage and a action him off.
*CTRESS SALLY KIRKLAND filed a $2 million damage suit against actor Dennis Hempir for allegedly cutting her with a knife during filming of *Human Hurricane*. Neil Young's epic, Kirkland is also young and the film company. Meanwhile, Young's representatives don't even want to admit he's making a movie; they refuse to say if he appears in it (he does), what it's about or whether it's finished. We did learn from the director that the producer, filming began three years ago, stopped for awhile and resumed one year ago. No comment from anyone on Hopper's accused knief fighting.
CLASSIC RECORDS BY -Muddy Waters, Howlin Wolf, Chuck Berry, Bo Diddley, Little Malton, J.B. Lennoir and even the Rolling Stones once emanated from a funky South Side Chicago studio owned by Chess Records. The Stones, in fact, included an instrumental track named '2120 Michigan Avenue' on an early LP. Leonard Chedi died in 1984 and his music time over again but his studios have long been silent. Recently however, Gerald Sims and Kathleen Newman, partners in Gerim Recording, Inc. have revitalized the facility at 2120 S. Michaig Avenue, installing 16- and 24-track machinis. Welcome back.
Playing Chess, One More Time
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of white supremacy is wrong." See story on page eight.
MARTI FRUMHOFF/Kansan Staff
heatre works
u e e d p,
s i d d
i c o d s y r d
i c o d s y r d
n e y.
as l y s
d f
s s s e r t x t
Averill said there was also a possibility he would have a paid fund raiser next year.
would have a paranoid heart.
He did not know the status of the touring subsides given by the KAC at this time Averill said.
Under this program, any school or art center in Kansas has to pay only half the cost of having the Seem-to-B players perform or conduct a performance that matches any funds paid by the school or art center.
"WE'VE GOT THE gracious support of a lot of different people, broad-based community support," he said. "And in a couple of years to come, I hope we can get some good, strong pledges from local businesses because the slack is going to have to take up some of the slack."
The Averiils also work together at the Apple Valley Farm Theatre. The Ric Aviel Players perform adult melodramas at the dinner theater on Friday and Saturday evenings.
"The productions are so stylized with a really broad style, a lot of getting out of character and playing around with the audience, hissing and cheering and people getting beer and pop peanuts," he said. "It's a real relaxed, fun lunar atmosphere, just an incredible release for all us."
MARTI FRUMHOFF/Kansas Staff
See AVERILL page 10
theatre director, jokes with some youngsters while
Weather
It will be mostly fair today with a high of 80. Winds will be out of the north at a 10 to 20 mph. It will be mostly fair tonight with a low of 55. Tumultuous weather will partly cloudy with a high in the low on 30.