Document 2JYVyqJy88DEdQ4KBrJvB7BJ7

L-793 MANUFACTURING CHEMISTS ASSOCIATION MINUTES OF MEETING LABELS AND PRECAUTIONARY INFORMATION COMMITTEE 1 Shoreham-Araericana Hotel Washington, D C November 13, 1975 Mr. Charles J. O'Connor presided and convened the meeting, at 10:00 AM. The following attended: C. J. O'Connor, Chairman W. H. Jones, Vice Chairman R. Craig Andrews G. S. Batchelor C. P. Brush L. W. Burnette C. U. Dernehl R. H. Dewey R. F. Ingham Robert Jelus H. H. Klein (a) Morris B. Lore D. G. MacKellar T. R. Madden Paul E. Neiman (b) J. K. Peterson (c) R. E. Rutherford W. L. Schleyer A. W. Sheldon G. Robert Sido Phillip Sonneborn Chester Stroemple J. R. Taylor Judith A. Tins (d) R. G. Troup Allan G. Wheeler J. T. Seawell, Secretary (a) For R. F. Philpitt (b) For J. W. Hammond (c) For J. S. Mackay (d) For E. M. Dixon Stauffer Chemical Company Eastman Kodak Company Diamond Shamrock Chemical Co. Virginia Chemicals Inc. Koppers Company, Inc. GAF Corporation Union Carbide Corporation Commercial Solvents Corp. Mallinckrodt Inc. MC/B-Manufacturing Chemists Co. Olin Corporation E. I. du Pont de Nemours & Co. FMC Corporation Reichhold Chemicals, Inc. Exxon Chemical Co., U.S.A. USS Chemicals - U. S. Steel Gulf Oil Corporation Philadelphia Quartz Company M&T Chemicals Inc. Monsanto Company Fisher Scientific Co. PPG Industries, Inc. Allied Chemical Corporation Celanese Corporation J. T. Baker Chemical Company ICI United States Inc. MCA Staff GUESTS Bruce M. Barackman J. J, Bonin Paul Go Elsey M, H. Farrar Edgar M. Flint R. F, Hinkley James F, Lemen Kathleen A. Logan James Lucas Joel Markowitz James A. O'Connor Orton Overman J, M, Sigmund A- T, Talcott James J. Trexel Jack Turer Anne Waggoner Roger A. Williams MEMBERS ABSENT So Wo Beckstead Ho Ao Birnbaum L. N, Ortkiese Co Boyd Shaffer J, Vo Urenovitch L-794 MCA Staff Shell Chemical Company Ethyl Corporation Diamond Shamrock Chemical Co CIBA-GEIGY Corporation PPG Industries, Inc. Hooker Chemicals & Plastics c0r Pennwalt Corporation The Harshaw Chemical Company Dart Industries, Inc. The Harshaw Chemical Company Stauffer Chemical Company The Harshaw Chemical Company The Dow Chemical Company E. I. du Pont de Nemours & Co Witco Chemical Company MCA Staff Commercial Solvents Corp. Kerr-McGee Chemical Corp. 3 M Company Amoco Chemicals Corp. American Cyanamid Company Air Products & Chemicals, Inc. 1.0 Approval of Minutes of March 19, 1975 Meeting The minutes of the March 19, 1975 meeting were approved as recorded. 2.0 Formation of Subcommittee on Meeting Arrangements The Chairman requested that the following members serve on this Subcommittee: Mr. Ralph G. Troup - Chairman Mr. C. Robert Sido Mr. Charles P. Brush h L-795 3.0 Outline by Chairman of His Plans for the LAPI Committee The Chairman explained that many of his plans are contingent on pending actions of regulatory agencies and on the action by the American National Standards Institute on the proposed ANSI Standard Z129.1. He further explained his philosophy regarding the need, under present conditions, for much of the current work to be performed by relatively small Subcommittees comprised of specialists who can move rapidly and decisively on the projects at hand. 3.1 Possible Revision of the Seventh Edition 1970 of Manual L-l The Chairman pointed out that the answer to the question "what should be done with respect to the possible revision of the Seventh Edition of the LAPI Manual" must be resolved at an appropriate time. Still another question which could form the basis of important LAPI work centers about the answer to the question "what further revisions should be included in a possible Eighth Edition over and above those contained in the proposed ANSI Standard Z129.1?" In addition to the implications of possible action by regulatory agencies, the additional implications of the Arcell and Romero cases must be kept in focus with respect to possible Manual revisions. The Chairman requested that all Committee members give due consideration to the foregoing points. He indicated that he will welcome at any time suggestions of Committee members on the course to follow in pursuit of answers to the abovementioned questions. The Chairman stated that at a propitious time a Sub committee will be formed to handle as many of the details and as much of the technical work as possible on a revision of Manual L-l should a revision prove necessary. 4.0 Progress Report on the Proposed ANSI Standard Z129.1 4.1 Report on Meeting at the Factory Mutual Research Corporation, Norwood, Massachusetts_________ The purpose of this meeting was to review in depth with FMRC representatives all phases of their negative position L-796 on the proposed ANSI Standard Z129.1. based on the following: FMRC's negative vote was 1) "Definitions of (a) dangerously reactive chemicals (b) hazardous chemicals, and (c) strong oxidizers ' do not indicate any degree of hazard as is done for flammable liquids and toxic materials. These definitions and others should be related to NFPA #704." 2) "The definition of flammable gas excludes ammonia - a well established explosive gas." 3) "Table II contains an error concerning the use of alcohol type foam." 4) "Many of the definitions are inconsistent with established definitions used by NFPA, DOT, OSHA and NIOSH." During the meeting with key FMRC officials, Dr. Jones and Messrs. Lore and Trexel presented excellent explanations and justifications for the philosophy which guided the preparation of Z129.1. Their explanations were directed toward the alleviation of apprehensions expressed by FMRC representatives that Z129.1 is intended to replace certain standards which the Factory Mutual System apparently has already incorporated in its operations and operating codes. The aforementioned gentlemen summarized MCA's position as follows: This proposed standard applies to the precautionary labeling of hazardous chemicals used under industrial occupational conditions. It is not intended to replace nor to be a substitute for existing standards. Rather, it is a necessary supplement to standards which are applicable to the transportation and storage of hazardous industrial chemicals. Representatives of this Subcommittee explained that it is impossible to write definitions which will be consistent with all of those used by NFPA, DOT, DOL (OSHA), and others because their definitions are not consistent with each other. L-797 Near the conclusion of the meeting, Mr. de Tarnowsky of the American National Standards Institute spoke eloquently in behalf of the proposed standard and in behalf of MCA philosophy which has guided its preparation. The major points in his presentation are summarized as follows: "I hope that Factory Mutual can see that this is a dynamic document that can be updated as regulations and/or conditions require. "We are in desperate need of a national standard and especially an international standard in this area. "There is need for a consensus document containing the descriptive language to be used in this area and ANSI Z129.1 fills this need." The Secretary reported that the Board of Standards Review was to meet on November 20th to decide on how the negative votes will be resolved. During the discussion which followed the presentation of the progress report on this proposed standard, the following major points were made: >n 1) The intent of the label is still to inform the uninformed. This from the onset has been the primary objective. 2) It was recommended that, where consistent with MCA policy, certain definitions be changed or modified in order to avoid outstanding negative positions which preclude the acceptance of the proposed standard. If it is necessary to arrange meetings with NFPA and with API in order to resolve their negative positions, then such arrangements should be made at the earliest possible time. In any event, all possible actions should be taken which will avoid the necessity of rewriting major sections of the proposed standard. Should significant revisions occur, they would require that the proposed standard be resubmitted to all companies from whom a consensus must be obtained. _i 1 I ( i L-798 5.0 Consideration of A New Edition of the LAPI Manual In addition to relevant remarks on this subject made by the Chairman, the following additional action was taken on this subject. The Chairman requested that Mr. Morris B. Lore serve as a member of a Subcommittee to consider whether a revision of the LAPI Manual will be necessary, and if so, when this Subcommittee should start its work. Mr. Lore was requested to recommend to the Chairman additional members of the abovementioned Subcommittee and to present his recommendation on a Chairman. The Chairman re-emphasized that it would be premature to consider the preparation of a new manual until the outcome of pending ANSI action on Z129.1 can be ascertained. 6.0 Report on The Work of the Inter-Committee Task Group on Hazard Information Systems Dr. Warren Jones, LAPI's representative on this InterCommittee Task Group, reported on its recent activities. . . The .initial, meeting of this Task Group was organized for the purpose of drafting MCA comments on Materials Trans portation Bureau (MTB) Docket No. HM-126 "Hazard Information Systems." It was recommended that MCA support a Hazard Information System that would interface satisfactorily with requirements for international transportation of hazardous materials, Basic to an international Hazard information System are the following: 1) Arabic numerials are required. 2) The UN pictorial symbols for the respective hazard classifications must be used. 3) UN commodity identification number must appear in the label or on the placard. More recently, the Task Group has been concerned with the development of a reference manual to supplement the recommended MCA response to MTB Docket No. HM-126 "Hazard Information Systems." L-799 Members of the LAPI Committee who have been serving on the Inter-Committee group formed to draft the reference manual are: Dr. Warren H, Jones - Eastman Kodak Mr. D, G. MacKellar - FMC Corporation Mr. A. G. Wheeler - ICI United States Inc. is 7.0 More Effective Liaison to Be Established With Chemical Industries Association The Secretary was requested to establish effective liaison with the Chemical Industries Association (CIA) of England. Members of the LAPI Committee are particularly concerned with securing copies of the Minutes of the Meetings held by CIA. An appropriate request is to be addressed to Mr. A. E. Meadowcroft, Chairman, of CIA. Current CIA projects in which LAPI members are particularly interested are: 1) Revisions on the Technical Annexes to the Directive on Labeling - A Project of the EEC Commission's Working Group on Labeling. 2) Draft Circular on Labeling with Special Reference to EEC Directives. 3) Voluntary Tanker Marking Scheme. 4) Transportation Emergency Cards. 5) Harmonization of Flash Point, UN/IMCO/ADR/EEC (30(a)). 6) Special Subcommittee considerations concerning the requirements of the Health and Safety at Work, etc. Act of 1974 in relation to the supply of safety information to the customer. i 1 L-800 8,0 Requests for Committee Decisions and Actions on the Following 8.1 Recommended Changes in the Safety Data Sheet on Hydrogen Peroxide Evolving from Data Recently Developed by PPG Industries Mr. C. J. Stroemple of PPG Industries, Inc. requested that the Secretary place this item on the meeting agenda. Mr. Stroemple's request had its origin in the fact that PPG has recently developed toxicity data on hydrogen peroxide which shows that the 50 percent concentration is corrosive to the eyes as well as the 70 percent concentration. Data on the 35 percent concentration is currently lacking. According to MCA labeling procedure and guidelines, consideration should be given to a change in the labels recommended in Chemical Safety Data Sheet SD-53 on Hydrogen Peroxide. In response to Mr. Stroemple's communication, Mr. Allan g. Wheeler, supervisor Industrial Toxicology of ICI United States addressed the following comments to Mr. Charles J. O'Connor, Chairman: "In reference to PPG classification of 35 per cent, 50 percent, and 70 percent hydrogen peroxide as corrosive, I am sure you are aware of the different definitions for corrosive. LAPI should adopt a definition and then determine if the results of tests from PPG meet this definition. "We use irreversible damage as the end point, but some definitions use visable destruction l6 1500.3 (3) 3] * Attached are three histological descriptions of eyes which showed destruction, but these would probably heal without permanent damage. I classed this product as an irritant." These histological descriptions have been incorporated in the minutes by reference and are presented as Appendix I. L-801 8.2 Phraseology on Labels Regarding Medical Assistance 8.3 Referral from Occupational Health Committee Regarding Recommended Changes in Safety Data Sheet on Benzene SD~2, and Toluene SD-63 - Appropriate considerations of and actions on Items 8.2 and 8.3 will be the responsibility of a Subcommittee comprised of: Dr. Carl Dernehl, Chairman Dr. Warren Jones Mr. R. Craig Andrews Union Carbide Eastman Kodak Diamond Shamrock 8.4 Action on an Inquiry from Blakeny Associates Regarding the Recommended Label for Containers of Propylene and Chemical Safety Data Sheet SD--59, Propylene The Chairman requested that Mr. John R. Taylor of Allied Chemical Corporation and Mr. Morris B,, Lore of E. I. du Pont de Nemours review the technical and labeling aspects of Mr. J. R. Blakeny's inquiry and draft an appropriate response. 8.5 Decision on the Inquiry from Mathews & Mathews MCA has received an inquiry from the above- mentioned firm which has its origin in litigation arising i from a flash fire of an extremely "flammable liquid." The following quotation is taken from a letter from Mr. J. Llewellyn Mathews: "Specifically, the phrase 'open flame* is used repeatedly with respect to 'flammable' and 'extremely flammable' substances. My question is, can you define just what an open flame is as opposed to any other type of flame? Regardless of what the accepted definition may be (if there is one) I submit this phrase as not clear to the ordinary user whether in industry or in home and that the label should be made absolutely clear that 1 all flames whether open or otherwise should be i distinguished' i i L-802 The Chairman requested that Mr. Morris B. Lore work with the Secretary toward the development of an appropriate response to Mr. Mathew's inquiry. 8.6 "Cancer Suspect Agents" Warning on all MCA Publications on Vinyl Chloride (VCM) The Technical Panel on Vinyl Chloride Monomer has voted for the inclusion of the "Cancer Suspect Agent" warning on all MCA publications on vinyl chloride (VCM) to bring them in compliance with Occupational Safety and Health Administration regulations (see reference, page 35898, Federal Register, Vol. 39, No. 194, October 4, 1974). This Panel left up to the Safety and Fire Protection Committee and Labels and Precautionary Information Committee the appropriate placement of warnings in VCM Cargo Information Cards, Chem-Cards, Labels (and LabelingGuide), Chemtrec Response Cards, and related items. The motion was made and carried to amend the MCA label in accord with the vote of the Technical Panel on Vinyl Chloride Monomer. - The-C-hairman requested Mr. Orton-Overman to prepare recommendations concerning this item. Mr. C. Robert Sido was requested by the Chairman to draft "appropriate graphic recommenda tions." 9.0 Presentation of Plaque to Mr. Arthur W. Sheldon, Past Chairman of the LAPI Comriiittee In appreciation and recognition of his outstanding contributions as Chairman of the LAPI Committee during the period June 1973 to June 1975, a plaque was presented by Mr. O'Connor on behalf of the Committee to Mr. Sheldon. ,10 Committee Membership Ceiling - Rotation Because of a membership ceiling of 35 and a current roster of eight nominees, the Chairman thought it advisable to bring rotation procedures to the attention of the full Committee. It is to be emphasized that rotation rules have been an approved, integral part of the Rules of Organization and Procedure of the LAPI Committee. However, until this point in time the overall membership situation has not required the initiation of authorized rotation. L-803 Although the Chairman introduced the subject of rotation with the utmost tact and diplomacy, it met with a high level of opposition. Much of the opposition had its origin in the thoughts and/or concepts that rotation could result in a loss of experienced members, a further loss of considerable expertise, and could result in an interruption in the continuity of the work of the Committee. Questions and points raised during the discussion of the subject of rotation indicated perhaps a lack of information concerning the General Principles Applicable to the Structure and Operation of Committees and, further,' the Rules of Organization and Procedure of the LAPI Committee. Some of the points discussed centered about the following established operating procedures: 1) A member who has been rotated off the Committee shall become eligible for reappointment after a two-year interval. 2) In the interim: (a) he may attend Committee meetings; (b) receive Committee meeting - notices, minutes of-meetings, and supplementary data, (c) participate in Committee discussions, and (d) serve on subcommittees, task groups, and special assignments at the request of the Chairman. The motion was made and carried that a Subcommittee be formed for the purpose of securing pertinent background information on the possibility of obtaining approval for an increase in Committee membership. The findings of this Subcommittee, com prised of Dr. Carl U. Dernehl and Mr. Morris B. Lore, will be presented to the full Committee for further consideration. 11.0 Presentation of A Review of the Status to Date of the Arcell and Romero Cases in the Light of Apparent Implications With Respect to A Possible Revision of the LAPI Manual_________________________________________ Mr. Bruce M. Barackman, MCA Staff Counsel, presented the abovementicned review, pointing out that litigation in the Arcell case has not yet progressed to the stage where significant legal conclusions can be drawn with respect to its influence on I i i> ; L-804 possible revision of the LAPI Manual L-l. He said early in his presentation that the Arcell case is thought by many to be a class action suit. This he emphasized, is not true as all complaints will be treated as individual cases -- current some 700 separate damage suits against 23 defendants. With respect to the so-called Romero case involving the alleged arsenic poisoning of a gardener handling lead arsenate, a pesticide, Mr. Barackman referred to a published digest of this case. (Reference: Marketing in Action, July 1975) . Mr. Barackman's salient point regarding this case concerned his explanation and interpretation of the digester's phrase, "you have to tell how to use it." He further emphasized the importance of seeking the legal advice of company counsel in the preparation of instructions and labels accompanying products, noting the trend of the courts to increase the size of the population to whom the producer will be held liable for injuries resulting from exposure to the producer's product. 12.0 Future Meetings - Dates of and Arrangements for Firm dates have been set for future meetings on: January 28, 1976 May 26, 1976 October 27, 1976 The January 28th meeting will be held in Stouffer's National Center Hotel (near the Washington National Airport) , 2399 Jefferson Davis Highway, Arlington, Virginia 22202, Telephone (703) 979-6800. An agenda and additional details covering meeting arrangements will be made available as soon as possible. Lc ar. a ar u) Ii o'. F. M S M u s s c u ]i L: JTS:er December 9, 1975 Minutes subject to approval Left Eye APPENDIX I The cornea i.5 diffusely ulcerated. There is a moderate to marked heterophil infiltrate in the full thickness of the cornea md is especially heavily concentrated ac the l-.-ouS. Tne.. - 1 with foci ulceration <*! and a heavy heterophil infiltrate m the sUoma. flic^ * ulceration of the bulbar conjunctiva with heterophil infiltrate, in one focal area there is neofibroplasia and neovascularization of the bulbar conjunctiva. Final Diagnosis Marked Corneal Ulceration Moderate to Severe Keratitis Severe Palpebritis Moderate Conjunctivits Left eye - The cornea of the left eye is diffusely ulcerated. There is a mild heterophil infiltrate in the corneal stroma which is concentrated in the external layers. There is a slight mononuclear cell infiltrate beneath the palpebral epithelium on the dorsal layer. Microfoci of epithelium are undergoing some degeneration. The ventral bulbar conjunctiva has a slight heterophil infiltrate. There is only one r.iicrofocus in the section where heterophils are extending into the overlying epithelium. Final Diagnosis Mild palpebritis Mild conjunctivitis Mild keratitis Marked corneal ulceration Right Eye - There is ulceration of the corneal epithelium over the proximal central third of the eye. There is a slight heterophil infiltrate_in the full thickness of the cornea. This infiltrate becomes slightly*heavier at limbus and is accompanied by a denser mononuclear cell infiltrate. Beneath the external palpebral surface there is a mixed inflammatory cell infiltrate which is predominantly neutrophilic. There is a slight to negligible mixed inflammatory cell infiltrate in the bulbar con junctiva which is predominantly mononuclear. Final Diagnosis I Moderate corneal ulceration Mild keratitis Mild Conjunctivitis and palpebritis