DiPirro v. Grizzly Industrial, Inc., et al.

Posted: 12/20/2001  browse the case archive

Citizen enforcer Michael DiPirro and Grizzly Industrial, Inc. reached a settlement agreement in the matter DiPirro v. Grizzly Industrial, Inc. on December 20, 2001, which was later entered by the Alameda County Superior Court. This enforcement action resolved the allegations of citizen enforcer Michael DiPirro that defendant Grizzly Industrial, Inc. sold certain power tools including, but not limited to, saws, sanders, grinders, drills, etc., whose customary use is likely to produce fumes, gases, or dust containing arsenic, chromium, lead and/or crystalline silica, in the State of California, without providing the requisite health hazard warnings.

As part of the settlement, after January 15, 2002, Grizzly agreed to not knowingly distribute or sell in California any products that contain arsenic, chromium, lead or crystalline silica, or whose customary use and application produces fumes, gases or dust that contain arsenic, chromium, lead or crystalline silica, unless such products comply with the warning requirements set out in Section 2.3 of the agreement.

The Consent Judgment requires settlement payments of $13,250, divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblower DiPirro and his counsel for their successful enforcement of this matter in the public interest.

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