1a. Employee Right to Know Contract C I TY T F .._._~
CHANHASSEN
.�j
_"` 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
MEMORANDUM
TO Don Ashworth, City Manager
FROM: Gary Warren, City Engineer i?eJectei
Date hi 17.4P
DATE: October 6 , 1988 Gate Submitted to Go;nmissn
SUBJ• Employee Right-to-Know Contract Renewal �t sUr�,,�±e.d +;
. File No. PW107
Attached is a three-year renewal contract for the Institute for
Environmental Assessment continuation of Employee Right-to-Know
services. While no organization can guarantee that right-to-know
violations will not occur , the Institute for Environmental
Assessment has a well-organized and technically supported group
which has provided us useful information over the past two years.
The technical data updates which have been provided have been
disseminated to our staff , in particular Public Works staff , to
keep them appraised of the most recent information on work area
hazards . The September 8 , 1988 correspondence from the institute
goes into further detail to document their program and benefits
to the City.
It is therefore recommended that the City continue its current
contract with the Institute for Environmental Assessment and
authorize the execution of the attached contract for continuation
of services through contract year 1990 .
Attachments
1. September 8 , 1988 letter from the Institute for Environmental
Assessment.
2. Contract for Continuation of Services.
_., INSTITUTE FOR ENVIRONMENTAL ASSESSMENT
E. 2829 Verndaie Avenue, Anoka,Minnesota 55303
(612) 427-5310
1-800-233-9513 • In Minnesota 1-800-247-1303
JOAN NEPHEW
EXECUTIVE DIRECTOR
September 8, 1988
CITY OF CHANHASSEN
Gary Warren, D.P.W. SEP 12 1988
CITY OF CHANHASSEN
690 Coulter Drive
Chanhassen, MN 55317 ENGINEERING DEPT.
Dear Mr. Warren:
This school year begins a three-year continuation contract with your organiza-
tion and IEA's Employee Right to Know services. With IEA' s system in place, a
technical violation of the law seems virtually impossible. There have been no
technical violations to date for any of the participating organizations in
Minnesota.
It is important for you to understand the absolute necessity of the backup
system and ongoing support from the Institute. Without the continuance, current
materials will not provide the information required to insure compliance with
the law. As indicated in the enclosed letter from a noted product liability
attorney, failure to maintain compliance creates significant liability.
Organizations that are in violation of the law may be liable to employees who
are injured on the job.
Under the contract, IEA guarantees the timely provision of technical data to
insure compliance with the Minnesota Right to Know Act. Services will continue
to include:
. Three updates annually containing technical data, an overview on
• citations and civil litigation regarding school districts and the
Act, and a review of environmental issues and activities pertinent
to compliance regulations and public health and safety of employees.
. Availability of a toll free number (1-800-247-1303) for direct
employee access to IEA for additional information.
. A network of consultants including an industrial medicine physician
from the Mt. Sinai School of Medicine, a toxicologist from the
University of Minnesota, and an industrial hygienist from the School
of Public Health.
. State of the art public health and environmental information.
The cost for continuation of these services will be 5% less than the 1987
contract year, and the price will be maintained for the entire three-year term.
The extension contract is enclosed for your review. Please return the completed
contract as soon as possible.
September 8, 1988
Page 2
Within the next couple of weeks, we will be sending an invoice to your attention
for the contract year 1988. In addition to our shared concerns regarding
employee health and safety, I want to stress again the importance of continua-
tion of our service to maintain technical compliance and avoid related liability
under the Act.
If you have any questions concerning the contract extension, the fall update
(preparation is currently underway) , or our services in general , please don' t
hesitate to contact me.
Sincerely,
dic17
Joan Nephew
Executive Director
JN: i133
Enclosure
LAW OFFICES -
KURZMAN, GRANT, MANAHAN, BLUTH & BARKER
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
2404 Stevens Avenue South
Minneapolis, Minnesota 55404
(612) 871-9004
Marc G. Kurzman Mankato
Carol Grant James H. Manahan
Brad C. Eggen Joseph P. Bluth
Linda M. Ojala Ann B. Barker
(507) 387-5661
July 27 , 1987
Ms. Joan Nephew
Executive Director
Institute for Environmental Assessment
2829 Verndale Avenue
Anoka, MN 55303
Re: Employee Right-To-Know Compliance
Dear Ms. Nephew:
I write in response to your inquiry as to the ramifications of an
employer who discontinues up-dating and training of their employees
as required under the State Statute.
With the increasing awareness of employee safety and the numbers of
job-site injuries the State is stepping up enforcement on workplace
safety and, I expect, the employee right-to-know laws will be more
vigorously enforced in the immediate future.
It is essential, therefore, that employers have current materials on
the substances covered by the Statute or they may find themselves
(and if an institution such as school their supervising agency) liable
to the State for violations and, more significantly, to employees who
may be injured on the job-site.
Since many insurance policies are conditioned upon compliance with
the law before a claim is paid some of your clients may find themselves
believing to be insured but have claims denied in the event they have
not kept up their compliance with the Statute. Unless your clients
built their own information, management and distribution system equal
to that presented by IEA, they risk non-compliance with the Statute
and liability from either the State or injured employees. Further,
in school settings , parents may be able to bring a lawsuit on behalf
of their children who might be exposed to toxic substances without the
proper "supervision and training" given to school employees such lack
of such "supervision and training" leading to injury of the children.
. In the event any current clients determine they wish to discontinue
their contracts with you, you will not be liable for harms which may
Attorneys admitted to practice in Florida, Minnesota and New York
Ms. Joan Nephew
July 27 , 1987
Page 2
flow thereafter. In other words, they cannot escape or pass off
liability by pointing out that they began in compliance and then, for
reasons best known to themselves, discontinued contracts for ongoing
advice and up-dating of information and attempted to take over this
massive information management system themselves.
I recognize that your Institute would prefer that people work out
of a sense of ethical responsibility, rather than legal liability.
I am certain that many administrators (public or private) are well
intentioned and will attempt to comply with "best practices" to
preserve safety without legislation; however, the unfortunate reality
of these times is that our society, being educated in litigation, often
runs to the court for redemption of social values . When there is a
Statute to protect social values and it is violated, the courts will
not be a haven for violators regardless of their "good faith" in
attempts to comply, if in fact, they fail to comply with the Statute.
If you wish further information with regard to specific areas inquiry,
please adivse.
Very tr ly yours
W e►
■ -
ar G. Ku zman
MGK/kmr
•
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INSTITUTE FOR ENVIRONMENTAL ASSESSMENT
le�
2829 Verncfaie Avenue.Anoka.Minnesota 55303
(612)427-5310
1-800-233-9513 • In fv1nnesota 1-800-247-1303
CONTRACT FOR CONTINUATION SERVICES
The undersigned, Joan Nephew , on behalf of the Institute for
Environmental Assessment (hereinafter "IEA"), a Minnesota corporation, and
, on behalf of City of Chanhassen ,
•
a Minnesota municipality, HEREBY AGREE
I. INTENT OF PARTIES
1
• (1) it Is the Intention of the parties to support the Municipality to maintain
compliance with the Hazard Communication Act/Employee Right to Know Act.
I1. SERVICES TO BE PERFORMED
•
(2) lEA will provide the following services through the end of contract year 1990
for the Municipality in consideration of the payments set forth in Paragraph 3 below.
It will cover all employees of the Municipality;
(2.01) Provide an Informational Support Service whereby employees of the
Municipality can receive required information and follow up the telephone or written
consultation with insert/updates for the manuals;
• (2.02) Provide periodic written updates on enforcement patterns, insurance, and
litigation trends, under the Act;
(2.03) Provide a labeling system which is adaptable to the Municipality's
purchasing department; and
(2.04) Provide Information to the designated health and safety representative from
the Municipality to field any employee concerns related to work environment or the
Hazard Communication Act, not to include individual medical consultation, not to
include a commitment to provide product safety data on each compound or byproduct
within the building.
III. CONSIDERATIONS
, (3) The Municipality will pay to lEA, according to the below schedule, for the ser-
vices set forth in Paragraph 2 above:
Contract Year 1988 total being $297.35
Contract Year 1989 total being $297.35
Contract Year 1990 total being $297.35
IV. MUTUAL RELEASE
(4) Both parties to this contract agree that either may cancel this contract on or
before midnight August 1989, or August 1990, by delivering written notice of intent
to cancel to the other party and that, in the event of cancellation, neither party
shall be obligated to pay any monies or perform any services anticipated hereunder
nor any other monies as compensatory or liquidated damages. All compliance materials
must be returned to the institute upon termination of the contract.
(4• D ted this day of , 19_
/
By Joan Nephew, Executive Director By
on behalf of t Institute for on behalf of
Environmental Assessment (Municipality)
C201120