Document 3ekZvk5zLqm37bQdE6vNwjxEJ

STATEMENT OF JEROME H. HECKMAN KELLER AND HECKMAN GENERAL COUNSEL OF THE SOCIETY OF THE PLASTICS INDUSTRY, INC. PREPARED FOR PRESENTATION AT DEPARTMENT OF LABOR HEARINGS ON VINYL CHLORIDE; OCCUPATIONAL EXPOSURE STANDARD JUNE 25, 1974 JUDGE MYATT: My name is Jerome H. Heckman. I am a partner in the Washington law firm of Keller and Heckman and have served as Counsel to The Society of the Plastics Industry FOR THE PAST TWENTY YEARS. I AM HERE TODAY TO PROVIDE AN OVERVIEW OF THE PLASTICS INDUSTRY^ POSITION WITH RESPECT TO THE VINYL CHLORIDE PROBLEM AT HAND. SPEAKING FOR THE Society of the Plastics Industry, we are anxious that the TESTIMONY TO FOLLOW BE VIEWED IN ITS PROPER AND TOTAL PERSPECTIVE. This is because we believe IT ESSENTIAL THAT ANY FINAL STANDARD ADOPTED BY THE GOVERNMENT TAKE INTO BALANCED ACCOUNT THE FULL SPECTRUM OF PUBLIC AND EMPLOYEE HEALTH CONSIDERATIONS, SOCIAL AND ECONOMIC IMPACT, AS WELL AS OTHER PUBLIC INTEREST FACTORS. OLI 133 -2- The task of the Department in this case is anything BUT A SIMPLE ONE. IT MUST BALANCE THE INTERESTS INVOLVED AND REACH WELL-REASONED DECISIONS, BUT A MAJOR DIFFICULTY IS THAT MANY OF THESE DECISIONS WILL NECESSARILY HAVE TO BE BASED ON THE RULES OF PROBABILITY RATHER THAN IRREFUTABLE fact. Much of the scientific data obtained by researchers to date is quite inconclusive. A great deal of additional Adata remains to be acquired and evaluated. t this pre carious state of our knowledge we believe that misplaced reliance on mere suspicions rather than proven data, or precipitous and emotional reaction to such incomplete infor mation, together with a narrowly construed interpretation of interests, could lead to major economic consequences. Such results frequently flow from unduly harsh measures. As M .r Harding has already noted, we believe that the plastics industry has moved responsibly in all respects TO obtain hard data and to plan to deal promptly and effect Wively with the vinyl chloride question. e intend to show, through the witnesses who follow me, that we have within the TIME CONSTRAINTS PLACED UPON GOVERNMENT AND INDUSTRY ALIKE, ATTEMPTED TO MAKE THE RECORD HERE AS OBJECTIVE, COMPREHENSIVE AND COMPLETE AS IS POSSIBLE. YOU MAY ALSO RELY ON THIS IN DUSTRY TO RECOGNIZE THAT SO LONG AS ANY DOUBT REMAINS AS TO OLI 134 -3- SAFETY LEVELS AND EMPLOYEE OR OTHER EXPOSURE.* IT IS INCUM BENT UPON MANUFACTURERS TO MAKE THE WORKPLACE AND GENERAL ENVIRONMENT AS RISK-FREE AS FEASIBLE. IT IS CLEAR THAT CONGRESS.* IN ENACTING PUBLIC l_AW 91-596* and the Courts which have thus far interpreted it AUTHORITATIVELY* RECOGNIZED THAT THE SECRETARY OF LABOR MUST* IN ESTABLISHING PROTECTIVE STANDARDS* CONSIDER THE FEASIBILITY OF MEETING THEM. THE TERM "FEASIBILITY" HERE ENCOMPASSES HEALTH* TECHNOLOGICAL* AND ECONOMIC CONSIDERA TIONS. The task of the Secretary has been very aptly stated 15* 1974in the April Decision of the United States Court of Appeals for the District of Columbia Circuit in Industrial Union Department* AFL-CICh et al. v. Hodgson (no, 72-1713). O 19 20n pages and of that Decision* the following language provides a reasonable guideline for decision-making in CASES SUCH AS THE INSTANT ONE: There can be no question that OSBA represents a decision to require safeguards for the health of employees even if such measures substantially increase production costs. This is not, however, the same thing as saying that Congress intended to require immediate implementation of all pro tective measures technologically achievable without regard for their economic impact. To the contrary, it would comport with cormon usage to say that a standard that is prohibitively expensive is not 'feasible' (footnote omitted). Senator Javits, author of the amendment that added the phrase in question to the Act, explained it in these terms: OLI 135 -4- As a result of this amendment the Secretary, in setting standards,. is expressly required to consider feasibility of proposed starud/tr*An. 7'hie ie an improvement over the Daniels bill* which might be interpreted to require absolute health and safety in all eases, regardless of feasibility, and the Administration bill, which contains no cri teria for standards at all. S. Hep. Ho. 92-1282, 91st Cong., 2d Sees., p. 58; Legis. Hist, at 197. The thrust of these remarks would seem to be that practical considerations can temper protective re quirements. Congress does not appear to have in tended to protect employees by putting their employers out of business--either by requiring protective devices unavailable under existing technology or by making financial viability gen erally impossible. (Emphasis supplied.) Many other parts of this Decision are also directly in 12 13point. Thus, on pages and of the Court's Opinion, it IS NOTED THAT WHERE EXPLICIT FACT-FINDING IS IMPOSSIBLE, AND DETERMINATIONS MUST BE MADE "ON THE FRONTIERS OF SCIEN TIFIC KNOWLEDGE," POLICY JUDGMENTS MUST BE MADE AND ESOTERIC 23ABSOLUTISM FORSAKEN. LIKEWISE, ON PAGE OF THE OPINION IT IS WELL NOTED THAT, ALTHOUGH EMPLOYEES OBVIOUSLY SHOULD NOT BE NEEDLESSLY EXPOSED TO RISK, WHERE THE DEGREE OF RISK IS INDETERMINATE, SOME ELEMENT OF IT MAY HAVE TO BE COUNTE NANCED FOR A TIME WHEN IT IS INFEASIBLE TO ELIMINATE IT TOTALLY, AND A TRANSITION PERIOD IS REQUIRED FOR STUDY AND IMPROVEMENTS. OLI 136 -5- It is our position that the recommendations to be MADE HEREAFTER RECOGNIZE THESE CRITERIA, BUT ALSO BESPEAK A TOTAL INDUSTRY COMMITMENT TO INSTITUTE APPROPRIATE SAFE GUARDS WHILE CONCURRENTLY MOVING FORWARD TO DETERMINE WHAT DATA IS ADDITIONALLY REQUIRED TO MAKE EVEN SOUNDER JUDGMENTS. The INDUSTRY IS MOVING DECISIVELY TO PROVIDE IMMEDIATE PRO TECTIVE action. Further, scientific studies yt to be COMPLETED MAY WELL PROVE THAT THE HAZARD HAS BEEN OVERESTI MATED. Nevertheless, while doubts remain, our aim is to ASSURE THE PUBLIC AT LARGE, THE INDUSTRY'S EMPLOYEES, AND THE GOVERNMENT THAT THE PLASTICS INDUSTRY HAS BEEN AND WILL CONTINUE TO BE DILIGENT IN TAKING PROMPT AND FEASIBLE STEPS TO MINIMIZE ANY POTENTIAL HEALTH HAZARD. The WITNESSES TO FOLLOW WILL DISCUSS IN DETAIL THE FEASIBILITY OF MEETING REASONABLE VINYL MONOMER EXPOSURE LIMITATIONS; HOW PROTECTION CAN BE AND WILL BE AFFORDED EM PLOYEES WHERE SHORT-TERM EXCURSIONS OCCUR ABOVE THE LIMIT ATIONS WE WILL RECOMMEND; WHY THE EXPOSURE LIMITATIONS IN THE PROPOSED PERMANENT STANDARD PUBLISHED ON MAY 10 ARE NOT REASONABLE, WOULD LIKELY ELIMINATE THE INDUSTRY TO THE GREAT DETRIMENT OF THE COUNTRY, AND SHOULD NOT BE IMPOSED ON THE BASIS OF THE TOXICOLOGICAL DATA PRESENTLY AT HAND; AND WHY THE BREADTH OF COVERAGE OF THE PROPOSED STANDARD MAY SAFELY OLI 137 -6- BE REDUCED SO AS TO ELIMINATE APPLICATION OF MANY OF THE BURDENSOME REQUIREMENTS IN THE DRAFT STANDARD TO CERTAIN MANUFACTURERS AT THE END OF THE PROCESSING LINE. THESE FIRMS; IT WILL BE SHOWN; HAVE NO REAL VINYL MONOMER EXPOSURE PROBLEM; EVEN THOUGH THEY MANUFACTURE PRODUCTS THEORETICALLY "CAPABLE OF RELEASING DETECTABLE LEVELS" OF MONOMER. IN TESTIMONY TO BE PRESENTED NEXT BY Mr. AnTON Vittone of B. F. Goodrich he will fully cover the current STATE OF THE ART AND THE CAPABILITY OF THE INDUSTRY TO MEET AND ULTIMATELY IMPROVE UPON THE EXPOSURE LIMITATIONS WE RECOMMEND. IT SHOULD BE NOTED THAT THE SOCIETY IS AWARE OF ADDED TESTIMONY THAT WILL BE PRESENTED ON THIS SUBJECT IN THE CASES PREPARED BY VARIOUS INDIVIDUAL COMPANIES WHICH ARE APPEARING HERE. It will subsequently be DEMONSTRATED by our succeed ing WITNESSES THAT THE EXPOSURE LIMITATIONS; TIMETABLE FOR REDUCTIONS; AND REVISED WORK PRACTICE RULES WHICH WE ADVOCATE WILL PREVENT THE VIRTUAL ECONOMIC CHAOS THAT COULD RESULT IF THE PRESENTLY PROPOSED STANDARD WERE ADOPTED. We SUBMIT THAT OUR ALTERNATIVE PROPOSALS CAN BE ACHIEVED WITH REASON ABLE ASSURANCE THAT NO UNDUE HAZARD WILL ARISE OR BE ALLOWED TO CONTINUE WITH REGARD TO EMPLOYEE SAFETY. OUR MEDICAL EXPERTS WILL URGE UPON THE DEPARTMENT THAT THE HUMAN OLI 138 -7- EXPERIENCE DATA WE HAVE ASSEMBLED--AND WHICH WE BELIEVE IS ENTITLED ON TOXICOLOGICAL GROUNDS TO GREATER WEI6HT THAN INCONCLUSIVE ANIMAL TEST DATA IN CIRCUMSTANCES LIKE THOSE PRESENTED HERE--JUSTIFIES THOSE EXPOSURE LIMITATIONS THE INDUSTRY CONSIDERS FEASIBLE NOW AND IN THE FUTURE. Again, we respectfully submit that this evidence, taken IN CONTEXT, MUST OVERRIDE AND OBVIATE THE IMPOSITION OF EXCESSIVELY RESTRICTIVE EXPOSURE LIMITS OR WORK PRACTICES (SUCH AS A REQUIREMENT FOR FULL-TIME USE OF RESPIRATORS) WHICH WOULD LIKELY SHUT THE INDUSTRY DOWN WITH THE RESULTANT DISRUPTIVE CONSEQUENCES WHICH WILL BE PROJECTED AND EXPLAINED by Mr. Vincent Ficcaglia of Arthur D. Little Company. Testimony as to appropriate measurement techniques AND POLICIES WILL BE SUPPLIED BY Dr. RUDOLPH STEHL OF THE Dow Chemical Company and will lead to our making specific RECOMMENDATIONS IN THIS AREA, THE PURPOSE HERE WILL BE TO ADD CLARITY AND SPECIFICITY TO THE FINAL STANDARD. SIMILAR LY, Drs. Joseph Tomashefski and Robert Soule will explain WHY FULL-TIME USE OF RESPIRATORS WOULD BE LIKELY TO HAVE BOTH SIGNIFICANT AND IMMEDIATE ADVERSE IMPACT ON WORKER HEALTH AND SAFETY. Dr. ROGER $TRASSBURG WILL INFORM YOU AS TO HOW SO-CALLED CANISTER-TYPE RESPIRATORS CAN BE EMPLOYED AND RELIED UPON FOR SHORT PERIODS OF TIME UNDER THE TYPE OF PERMANENT STANDARD THE INDUSTRY CAN SUPPORT. OLI 139 -8- Other testimony from a series of witnesses who HAVE BOTH OBJECTIVE TEST DATA AND PERSONAL EXPERTISE PER PVCTAINING TO THE HANDLING AND USE OF FOR FABRICATION WILL, WE BELIEVE., CONVINCE THE DEPARTMENT OF THE ADVISABILITY AND REASONABLENESS OF MAKING CLARIFYING CHANGES IN THE STANDARD SO THAT ITS APPLICATION WILL, WITH PERHAPS MINOR EXCEPTIONS, BE LIMITED TO THOSE WHO MAKE AND SELL ONLY MONOMER AND POLYMERS, This will be the thrust of our case. It is one IN WHICH WE HAVE FAITH; ONE THAT WE BELIEVE THE INDUSTRY'S WORKERS SHOULD SUPPORT; AND ONE THAT, IF APPROPRIATELY RE FLECTED IN THE STANDARD ADOPTED, WOULD ALLOW THE INDUSTRY TO CONTINUE TO SERVE THE PUBLIC INTEREST. While our major plea is for a change in the "no DETECTABLE LIMITS" CONCEPT IN FAVOR OF WHAT IS TRULY FEASIBLE AND, THEREFORE, TECHNICALLY AND LEGALLY SOUND, WE ALSO STRONGLY URGE THAT CERTAIN OTHER ELEMENTS IN THE STANDARD BE CHANGED. SOME OF THESE CHANGES WE BELIEVE ARE NECESSARY TO AID IN SIMPLE UNDERSTANDING OF WHAT IS REQUIRED; OTHERS ARE URGED TO ALLOW A MORE REASONABLE HANDLING OF DAY-TO-DAY PROBLEMS IN A WAY THAT IS CONSISTENT WITH PRACTICABILITY, AND CONTINUED INDUSTRY VIABILITY, OLI 140 -9- The changes recommended are in all cases substantive AND NECESSARY AS WE SEE THEM. As TO ALL OF THESE; I WOULD ASK YOUR HONOR TO RECEIVE FOR THE RECORD THE SET OF STANDARD REVISION RECOMMENDATIONS ATTACHED TO MY STATEMENT. OUR HOPE IS THAT THIS WRITTEN TABULATION WILL FACILITATE RECOGNITION OF SUCH LANGUAGE IN THE PROPOSED STANDARD WHICH WE DEEM UNDULY BURDENSOME; UNNECESSARY; OR UNCLEAR; AND WILL AID the Department in considering our specific recommendations FOR CHANGES. For the most part; the recommended revisions will BE SELF-EXPLANATORY IN LIGHT OF THE EVIDENCE TO BE PRESENTED VERY SHORTLY. HOWEVER; THERE ARE A FEW AREAS WHICH I WILL DISCUSS NOW SINCE THEY ARE IMPORTANT TO THE INDUSTRY AND ARE NOT BEING DEALT WITH DIRECTLY IN THE STATEMENTS OF OUR OTHER WITNESSES, I BELIEVE I CAN SUMMARILY ALLUDE TO THESE SITUATIONS AND ASK THAT YOU BEAR WITH ME WHILE I ATTEMPT TO DO SO: 1. With respect to the proposed Paragraph 1910.93q(a)Cl); dealing with THE SCOPE OF THE STANDARD; SUBSEQUENT TESTIMONY WILL INDICATE WHY IT IS BE LIEVED EXCESSIVELY AND INFEASIBLY BROAD. IT SHOULD ENCOMPASS ONLY THOSE AREAS AND OLI 141 - 10 - OPERATIONS THAT POSE OR HAY REASONABLY BE EXPECTED TO POSE PROBLEMS, AND BE MADE INAPPLICABLE TO CERTAIN TYPES OF OPERA TIONS, PRIMARILY PROCESSING AND FABRICA TION PLANTS. 2. With respect to Paragraph (b)(2), IT SHOULD BE REVISED TO ALLOW FOR THE RELATIVELY INFREQUENT BUT NECESSARY ENTRY OF CONTRACTORS, TRUCK DRIVERS AND SERVICE PERSONNEL, WHOSE SERVICES ARE REQUIRED FROM TIME TO TIME IN NORMAL OPERATIONS. 3. Paragraph (b)(4) contains particu larly VEXATIOUS LANGUAGE AND WHAT AMOUNTS TO A WHOLLY AMBIGUOUS AND UNWORKABLE DEFINITION OF "CONTAMINATED" BY EMPLOYING THE OPEN-ENDED CONCEPT THAT AN AREA OR PRODUCT COULD BE CONSIDERED CONTAMINATED IF IT IS "CAPABLE OF RELEASING A DETECT ABLE LEVEL OF VINYL CHLORIDE." THIS NOTION IS INCONSISTENT WITH OTHER OSHA STANDARDS IN ITS LACK OF FINITENESS. There are situations where sub stances BELIEVED TO BE 100 TO 1000 TIMES OLI 142 -11 - AS CARCINOGENIC AS VINYL CHLORIDE MAY ULTIMATELY BE SHOWN TO BE ARE TREATED MUCH MORE SENSIBLY. FOR THIS REASON/ WE URGE THAT THIS DEFINITION BE ALTERED SO THAT IT REFLECTS THE AVERAGE EXPOSURE LIMIT TO BE ADVANCED BY Mr. VlTTONE AS TO VINYL MONOMER/ AND THAT NO AREA BE CONSIDERED CONTAMINATED WHERE THE POLYVINYL CHLORIDE RECEIVED OR USED THEREIN CONTAINS LESS THAN 0.1% RESIDUAL MONOMER NOW/ OR LESS THAN 0.01% RESIDUAL MONOMER BY OCTOBER 5/ 1977. The limitations suggested by this TYPE OF DEFINITION WOULD BE AS STRINGENT IMMEDIATELY AS THOSE IMPOSED ON SUCH KNOWN CARCINOGENS AS 4-AMINODI PHENYL""THE MOST HAZARDOUS AROMATIC AMINE REGARDING CARCINO GENIC POTENTIAL/" (SEE SECTION 1910.93(k)) AND BIS-CHLOROMETHYL ETHER/ (SEE SECTION 1910.93(h)). By 1977 it would be ten times MORE STRINGENT BARRING THE ACQUISITION OF NEW DATA WHICH MAY WELL PROVE THAT THE 0.1% LIMITATION IS UNDULY HARSH. 4. The definition of "emergency" in Paragraph (b)(8) should be altered further/ OLI 143 - 12 - EVEN ASSUMING THAT OTHER PROVISIONS IN THE STANDARD ARE CHANGED SO AS TO REFLECT FEASIBLE EXPOSURE LIMITS INSTEAD OF THE "NO DETECTABLE" CONCEPT PRESENTLY contem Asplated, THE DEFINITION NOW READS. A MINOR SPILL OR LEAK WOULD CONSTITUTE AN "EMERGENCY" AND COULD TRIGGER MAJOR ACTION UNNECESSARILY. In LIEU OF THIS DEFINITION. IT IS RESPECTFULLY URGED THAT THE STANDARD BE CHANGED SO THAT IT WILL FOLLOW THE NIOSH R.COMMENDATIONS OF MARCH 11. 1974 WHEREIN AN EMERGENCY WAS DEFINED AS "... AN UNFORESEEN CIRCUMSTANCE OR SET OF CIRCUMSTANCES. SUCH AS A RUPTURED TRANSFER LINE. RESULTING IN THE RELEASE OF VINYL CHLORIDE SUFFICIENT TO PRODUCE ACUTE SYMPTOMS AMONG WORKERS EXPOSED OR HAVING CONTACT WITH VINYL CHLORIDE." CIO).5.With respect to Paragraph Cb) AN IMPORTANT CLARIFICATION SHOULD BE MADE TO REFLECT ACTUAL INDUSTRY PRACTICES. THE DEFINITION AS WRITTEN WOULD DEFINE AS FABRI CATED PRODUCTS "FILM. SHEET. BLOCK. BAR. OR SoEXTRUSION STOCK." THAT THIS DEFINITION OLI 144 - 13 - WILL COMPORT WITH INDUSTRY TERMINOLOGY, AND THEREBY AVOID UNINTENTIONAL CONFUSION, THE SECTION SHOULD BE REVISED IN PERTINENT PART TO COVER AS FABRICATED PRODUCTS "FILM, SHEET, BLOCK, BAR, EXTRUDED STOCK, AND DICED OR PELLETIZED COMPOUNDS." 6. Regarding all of Section (e), the TABLE ATTACHED TO THIS TESTIMONY REFLECTS RECOMMENDED CHANGES DEEMED ESSENTIAL, AS WILL BE INDICATED BY Dr. STEHL OF THE DOW Chemical Company, this being the thrust of Ihis presentation. n addition, of course, THE RECOMMENDATION SET FORTH IN THE ATTACH MENT TO MY TESTIMONY REFLECTS THE INDUSTRY POSITION FAVORING CONSTANT SEQUENTIAL MON ITORING, WITH SPECIFIED PROCEDURES, IN LIEU OF THE PRESENTLY PROPOSED 95% CONFIDENCE LEVEL REQUIREMENT WHICH WE CONSIDER TO BE VAGUE AND, PRACTICALLY SPEAKING, MEANINGLESS. 7. Particular mention must be made HERE RELATIVE TO THE SUBJECT OF EMPLOYEE OBSERVATION OF MONITORING AND MEASURING. Certainly the industry does not take issue OLI 145 WITH THE STATUTORY RIGHT OF EMPLOYEES TO BE ADEQUATELY ASSURED ABOUT MONITORING PROCEDURES USED FOR THEIR PROTECTION, AND TO OBSERVE THE SAME IN A REASONABLE FASHION. IT IS INTERESTING TO NOTE, HOWEVER, THAT THE PROPOSED STANDARD HERE DOES NOT EVEN INCLUDE THE WORD "REASONABLE" IN CONNECTION WITH THE PHRASE "OPPORTUNITY TO OBSERVE" EVEN THOUGH ONE OF THE MOST IMMEDIATE PRECEDENTS FOR THIS STANDARD--THE ASBESTOS STANDARD--DOES USE THE WORD. In light of the industry's proposal FOR A COMPLETELY DIFFERENT AND MORE DEFINI TIVE MONITORING AND MEASURING SYSTEM, AND SO AS TO AVOID UNNECESSARILY DISRUPTIVE ABUSES WHICH COULD EASILY OCCUR IF THE PRESENT LANGUAGE IS LEFT UNCHANGED, THE Secretary is urged to revise Paragraph (e) (3) SO THAT THE OBSERVATION OF THE MONITOR ING WILL BE HANDLED BY AN ELECTED EMPLOYEE. In other respects, it is submitted that the LANGUAGE SUGGESTED IN THE ATTACHED TABLE WILL BE MORE APPROPRIATE AND SUFFICE FOR EMPLOYEE PROTECTION WITHIN THE CONTEMPLATION OF THE STATUTE AND APPLICABLE REGULATIONS. - 15 - 8. The matter of signs and labels covered in Section (k) of the proposed PERMANENT STANDARD IS OF ENORMOUS CONCERN TO THE INDUSTRY. In AN ERA WHEN THE PUBLIC, INCLUDING THE WORK POPULATION, HAS BEEN SO BOMBARDED BY PEREMPTORY WARNINGS AND CAUTION ARY LABELS TO THE POINT WHERE ALL CHARACTER IZING LANGUAGE TENDS TO BECOME MEANINGLESS (EXCEPT TO REGULATORS IN OTHER FIELDS AND TO PRODUCT LIABILITY ATTORNEYS), WE ARE UNABLE TO SEE HOW THE PUBLIC INTEREST WOULD BE SERVED BY THE TYPE OF SIGN AND LABELING LANGUAGE THUS FAR RECOMMENDED. While this language may be deemed CONSISTENT WITH REQUIREMENTS FOR PROVEN AND HIGHLY POTENT CARCINOGENS, IT IS CERTAINLY NOT CONSISTENT WITH THE TYPE OF SIGN AND LABELING REQUIREMENTS DEEMED AC CEPTABLE BY OSHA IN CASES WHERE LESS IN FORMED PARTIES ARE APT TO BE VIEWING SUCH SIGNS AND LABELS REGULARLY. THUS, FOR EXAMPLE, IN THE CASE OF ASBESTOS WHERE IT WAS RECOGNIZED THAT CONTAINERS, SHIPPING VEHICLES, AND OTHER MEDIA WITH PUBLIC OLI 147 - 16 - VISIBILITY WOULD BE INVOLVED; THE DEPART MENT ACCEPTED AND THE U. S. COURT OF APPEALS APPROVED LANGUAGE WHERE THE EMPHASIS WAS UPON THE PRECAUTIONARY STEPS TO BE TAKEN; NOT THE NATURE OF THE SUBSTANCE. COMMON SENSE WOULD APPEAR TO DICTATE THAT EXPLICIT INSTRUCTIONS ON HOW TO DEAL WITH A SUBSTANCE OR PRODUCT WILL BE MORE HELPFUL TO THOSE WHO MIGHT BE EXPOSED THAN WILL SCARE LABELS WHICH INDICATE ONLY THAT SOMETHING IS TO BE FEARED; RATHER THAN DEALT WITH REASONABLY. For this reason; and on the basis OF THE PRACTICES WHICH EXIST WHERE OTHER HAZARDOUS SUBSTANCES MAY HAVE TO BE EN COUNTERED BY EMPLOYEES OF VARYING DEGREES OF TECHNICAL EXPERTISE; AND SUSCEPTIBILITY TO ANXIETY; IT IS RECOMMENDED THAT THE CONCEPT OF EMPHASIZING THE IDEA OF "CANCER SUSPECT AGENT" BE REPLACED SO THAT ANY REGULATED AREA SIGNS REQUIRED BY THE STAN DARDS WOULD READ: OLI 148 - 17 - Vinyl Chloride Vapor Hazard . Carry Respirator And Wear Assigned Protective Equipment When Alarm Signal Is Activated . When Signal Is Activated/ Do Not Remain In Alarm Area Unless Your Work Requires It . Breathing Excessive Quantities of Vinyl Chloride Vapor May Be Hazardous To Your Health . With respect to warning labels or SIGNS TO BE PLACED ON SHIPPING CONTAINERS OF ANY TYPE FOR VINYL CHLORIDE MONOMER, THE FOLLOWING LANGUAGE IS SUGGESTED: Vinyl Chloride Danger Extremely Flammable Gas Under Pressure May Polymerize with Explosive Force Poison Avoid Contact With Liquid Or Vapor Unless Fully Protected By Authorized Equipment . In The Event Of Acute Exposure Seek Medical Assistance Immediately . With respect to warning labels or SIGNS TO BE PLACED ON SHIPPING CONTAINERS OF ANY TYPE FOR POLYVINYL CHLORIDE, THE FOLLOWING LANGUAGE IS SUGGESTED: Caution Polyvinyl Chloride Contains Vinyl Chloride Avoid Breathing Vapor Or Dust Closed Containers Of Polyvinyl Chloride May Contain Vapor Levels Of Vinyl Chloride Which May Be Hazardous To Your Health . Open Only In Well-Ventilated Areas Or Wear Respiratory Protection . OU U9 - 18 - The importance of the labeling re quirements IS DIFFICULT TO OVER-EMPHASIZE FOR A VARIETY OF REASONS, CERTAINLY THE MOST IMPORTANT ONE HAS BEEN STATED ABOVE; I.E. LABELING SHOULD BE DESIGNED TO PROVIDE THOSE WHO NEED THE INFORMATION WITH METHODS FOR DEALING WITH THE PROBLEM; RATHER THAN A BASIS UPON WHICH TO PANIC BECAUSE OF A DISEASE CHARACTERIZATION. IN LIGHT OF THE ECONOMIC IMPORTANCE OF ASSURING CONTINUED PRODUCTION AND SUPPLY OF POLYVINYL CHLORIDE RESINS WITHOUT ADDING UNNECESSARILY TO THE COSTS THEREOF; IT MUST ALSO BE BORNE IN MIND THAT CHARACTERIZING THE MATERIAL AS PRESENTLY PROPOSED COULD LEAD TO THE IMPOSITION OF TRANSPORTATION BANS BY SOME STATES--PROPOSALS TO DO PRE CISELY THIS HAVING ALREADY BEEN ADVANCED in the State of New Jersey--and would un doubtedly ARM THE OVERZEALOUS WITH WHAT THEY MIGHT CONSIDER A PRIMA FACIE CASE IN SOME SPECIOUS PRODUCTS LIABILITY PROCEEDINGS. IT IS IMPOSSIBLE FOR US TO SEE HOW THIS WOULD SERVE THE OBJECTIVES OF THE OCCUPATIONAL OLI 150 - 19 - Safety and Health Act or any aspect of THE PUBLIC INTEREST. We now ask that careful attention be given to the PRESENTATIONS OF THE REMAINDER OF OUR PANEL AND URGE THAT ANY PERMANENT STANDARD ADOPTED TAKE INTO CAREFUL ACCOUNT ALL OF THE INFORMATION SO PROVIDED. OLI 151 I >oa d Standard actions Underlined) II Recommended III Comment* 119IS.M* VUrl OMb. (a)(1),..which contain* 0.1% or more of reaidual vinyl chloride on and after Oct. 5, 1974, and which contains 0.01% or more of reaidual vinyl chloride on and after Oct. 5, 1977. (a)(2)...nor to the handling or use of polyvinyl chloride that complies with the residual vinyl chloride limitations set forth in paragraph (a)(1). Add a new paragraph (b) to read as follows and reletter all succeeding paragraphs accordingly t ** (b) Permissible exposure to vinyl chloride (b) (1) FFoor polyvinyl chloride production facilities. (i) Standard effective Oct. 5, 1974 The maximum concentration of vinyl chloride to which any employee may be exposed shall not exceed 40 ppm nor shall the time-weighted average concentration exceed 25 ppm. This will set forth the exposure limitations recomended by the various witnesses. It also re flects the recosnendations of different standards for different manufacturing operations to set work place levels as low as feasible. 1/ The recommended Changes are submittas substituted language for that underlined in Column I unless it is indicated in Column I that language from Column II is submitted to be added to the proposed section as in the case of Section (a) (2). OLI 152 OLI 153 i ii (il) Standard effective Oct. 5, 1975. The maximum concentration of vinyl chloride to which any employee may be exposed shall not exceed 25 ppm. (iii) Standard effective Oct. 5, 1976. The maximum concentration of vinyl chloride to which any employee may be exposed shall not exceed 25 ppm nor shall the time-weighted average con centration exceed 10 ppm. (b) (2) For vinyl chloride production facilities. (i> Standard effective Oct. 5, 1974. The maximum concentration of vinyl chloride to which any employee may be exposed shall not exceed 25 ppm nor shall the time-weighted average con centration exceed 10 ppm. (ii) Standard effective Oct. 5, 1977. The maximum concentration of vinyl chloride to which any employee may be exposed shall not exceed 10 ppm nor shall the time-weighted average con centration exceed 5 ppm. (b)(3) For polyvinyl chloride fabricating facilities. No workplace concentrations of vinyl chloride in excess of 1 ppm in facilities falling within the scope of this standard. hi II III (c)(2) "Authorized pers nnel"...; end other pereonnel such as truck drivers, contractors, service personnel and others whose legitimate duties require their occasional presence in operating areas. (c)(4)... means, a level of vinyl chloride in the workplace or materials that produce a level of vinyl chloride in the workplace in excess of the limitations set forth in paragraph (b). (c)(5)... the levels set forth in para graph (b). (c)(6)... [Omit] (c)(8)... such as a ruptured transfer line, resulting in the release of vinyl chloride sufficient to produce acute symptoms among workers exposed to or having contact with the vinyl chloride. This entire subparagraph will not be required if the proposed limi tations (paragraph(b)) are adopted. This reflects the NIOSB March 11, 1974 definition of an emergency, (c)(9)... liquid vinyl chloride or inhalation of vinyl chloride gas in excess of permissible levels set forth in paragraph (b). Personnel using protective equipment are not exposed to the vinyl chloride. (c)(10)...extruded stock, or diced or pelletized product made from the fore going. This corresponds to commercial practice and nomenclature. ' i (it OoO at AJMriewi Pithaioatote. HO M. MWil--n An. Chi cago. minofc NMi, _ iMi XisaloM mratt. (1) A nautotod m Shin b* wfliltohH atari (t) Wnrl thtorld* to muufMtanA rnetad. n- touad. rniirtoiwl. Nni or und; or HU pdTTlnjrt nhlrM , xz Te)U)(ii>...containing levels of residual vinyl chloride in excess of the limits set forth in paragraph (a)(1)... (e)(2)...personnel. xtx (3)(3)...personnel whose duties regularly require their entry into regulated areas shall be made and maintained... 30... (ft(1)...constantly sequentially monitored for levels of vinyl chloride at intervals not exceeding 10 minutes. (ft (2) Delete, and add the following*. (f)(2)(i) Probes shall be so located in every regulated area as to provide a statistically valid sample of the workplace atmosphere. Analysis shall be conducted on samples obtained from each probe in a sequential manner so that the atmosphere at each site is analyzed. (f)(2)(ii) The analytical instruments shall be periodically checked and re-calibrated to assure proper functioning in accordance with good analytical practices. (f) (2) (lii) The monitoring equipment shall produce an audible and visible alarm in any plant area when the concentration of vinyl chloride in that area exceeds the limit set forth in paragraph (b). 2/ This paragraph in the proposed standard should be lettered (d)"; it is shorn as "(e)* in the ^Recommended changes" because of the recommended inclusion of a new paragraph (b). OLI 155 OLI 156 (1) Empfcuraaa m I ranUUw abaS b* i rtt iiltnuMItfi 01 Whar* aaimlM at Mi aseorlunlty raqutm nln to *a at** wltora to* ua* o( pratocUa* flniWm. aqulfunant. <*clUUu. or praeadisaa la raipiraii, web doUilnc. aquIpaMt*. faaftolaa. and t*octduraa abaU ba pasaMaJ to *11 panou* toUtlad to uaralaa to* apportuaUp. to M coal to any ol (baa*. Oil Panuna aaamWns Um opfwctoalto abaU ba taatruatoS aasanftliia: <*l TtM toatcKp *n4 In liaaarS at . MddotUt; *od <B> Tha pnladha Una iM maaaura* airixaary far ibalr protachnal. <IU> Obaarrafl dull ba permitted, submit tntoatonac* to Un paneau parlormto* tba auuttortac and BkaaaurllM. to: 111 Obaanri aU atop* and proeaduaa* nlatod to Um ooUactpa*. prnraaaln*. and evaluation of particular aaonllorlni and aiaaauramaaitaamplaa; (B) Record quaatltia* and nault* obtained; (Cl Obatm tha eoodlllon of monitorIn( and meaanrlni rqulpmnit; ID) Racafm a damonatratlon of Uia ratlbratkat and function toot* of the monitor!na and raeaaurtnc aquipaatct performed on alto; and IE) Examine InatrucUona and docu ment* related to the procedure* and equipment for moeltortnp and awaaurln*. Ml Accurate and complete record* of all required ntonltorfna aha!) ba mad* and maintained for not leu than J| ieaft. Buch a record aliall Ol atato tha date of ruch monltorinp and the leeala determined^ po'l rill Identify the inalnic.enta and matlioda uaed. ii (f)(2)(iv) The monitoring equipment shall produce an audible and visible alarm, readily distinguishable from that required by <f)(2)(iii), in any plant area when the concentration of vinyl chloride in that area exceeds 100 ppm. (f)(3)...elected...a reasonable opportunity... (f)(3)(i) through (f)(3) (lit) - (Delete) Replace byi (f)(3)(i) Summaries of monitoring results including the daily maximum and average for each probe location shall be promptly and conspicuously posted. Employees or their elected representatives shall have reasonable opportunities to inspect the raw data from which the summaries have been prepared. in It is anticipated that the constant sequential monitor ing envisioned here will result) in instrument charts and/or computer print-outs. The only meaningful information generated would be the susmiaries referred to in the "recommended change". Since the probes will bs in fixed locations, "observation* here would have no practical significance and tha detaila set forth in the proposed standard have no applicability. (f)(4)...30... OLI 157 i ii MBtroll and llmmcdlattip iWmii ooneentra- (11) Sttmar fatalhW mtoeerini nMrali and woekpractice melhoda which cut be ImllliiHil Immediately not auOelent to reduce ooocentnllonr ol vtorl chloride below Uw USEliUaJUtL Ums iholl nonUhiUoo totnod to todSe the ccKinlniUMa to the loweet pneUnbh Iml and than bo awfeanud bp moofio oI raaptratora In eceoidanee with unimh <pl of Uib accUon: control or mtpnetlM mothod coo bo plratory protection aboil bo prorided to occocdoneo with paragraph <) ot thlo aoeUoa; and <m In any cai*corared by paragraph illdl <m or UU) of this aecUon, tbo cmplaror aboil alao undertako aa ooon aa praeUcabla a pmiam to reduce airborne concertIrallnro of vtnrl chloride below the toKShtabnl or to the fretted extent feoelUe, aUlnr by meona ot ondntarlni coattroll and rrorkpracllco meth~ oda and m aeon aafaaalble. (g)(1)...levels of vinyl chloride in excess of the limits set forth in paragraph (b),... (g) U> (i).., {Same as (g)(1)! (g) (1) (ii)... {Same as (g) (1) 1.. .h... (g)(1)iv)...the limits set forth in psregreph (b),... hi I () JUtjiralor* prelectto". (1) A rMratonr preUrtloa mna In aocord*ne wMb I tltt.tM iha* b* acUMWwd and ImpImwiM tm mpliilari an required to b* iu*4 bp ttitoMettaa. II III i It) A< 1 trpa "C" oonllnu- deaiand attf-aonlabml br**U))nr ap- Add the following new paragraph: (h)(3)(v) A half-face, canister-type mask when the concentration of vinyl chloride ia above the limit eet forth in paragraph (b) but below 100 ppm. Until a euitable indicator system has been developed to show when the canister is no longer effective, each regulated area shall develop a work-practice rule that provides for the replacement of used canisters when such canisters have consumed 50% of specified capacity but no less than daily replacement when such canisters have been used at all. OLI 159 l ii itm Rcwalni to rtwwtr aiUr tlx lot alt aI tho djr. it) Clan proUctl** iMblUUtltil ** pirntdcd h*n*T*r caoUmlMAM or (i)(I) Thin item should be delated. (i) (2)...levels of vinyl chloride in excess of the limit set forth in paragraph (a)...(delete "also") (i)(2)(ii)...any adhering polyvinyl chloride powder from clothing... <i>(2)(iii) [Delete! (i)(3)...headcoverings... ...headcoverings... (j)(3) Storage or consumption of smoking products are prohibited in regulated areas. iii 8 Under general working '| circumstances special pro- , tective clothing is neither available nor necessary. We see no useful purpose being served by this requiremsnt. t We see no reason why chewing gum or the use of cosmetics should be barred. X it, Ii u> Xmtrtmct slfaofloat. (1) A will ten operations! plan for oatsecj ittmttiaBi fK*n lw mcI* i neuiated nw. ill la Um ovwil at as aaqnei, ap propriate portion ot ilia plan ofaaU be lb* affected an* dhaff ba denulessinaiad prior la tba raoaauritau ot aonaol aparauoni ill) apodal OMfftaal eeaSmuMt bp i ptarofcioB obol! bo btlllaM wtlhla Mbaan for unpinsqm mad ho Um ofladed area at tba thuo at SM oaMrpooti (ill) When oa wipingeg baa a knew) contact with JIbhUjiIbiUHKHI oo1 mployaa oholi ao roomroa to onowor oi oaoa ao luutlbla. linlooo mnOrolnOViUe by phrdcil Injuries. itv) An Incident roport on tba enter pency ohaU ba reported aa eoqulrad b panaroph (a) (1) at tblo aoaUon. <1) Each autbartaod gooplwaa ohaT bo trained bo a peaarmjn latatini to Utt hatorde el do)l abioclda and tba peecauUane (or onto uoo. (t) The peetroai OhaU Include: (A) Tba nature of tba flrabaoard. one the neeeoeory protadtee otape; (B> The nature of tba toxic haiard fndudlna local and meteoric ellecle acute and chronic aSecta todudlnt apactOcaUr the cardnooenle boxord; C> Tba epodfle nature of operationwhich could recult In oxpoaure la vtny. chloride, and noeoeearp protacUve etepo. <D) The purpooo lor and appUeaUon of (he medical (uneOlanca proaram; <E) The purpooo tor and application of decontamination practice*. (FI The Purpose lor and tltnlAconci > * emoraaner practices end proeeduroe (O) The employee's specific rota under . ormal operalinc or oaaerooncir condi< ons: <K> Specific Information to old the employee In recocnlUott and evaluation of coudlllona and rltuatlon* which ' ' mult In the release of vinyl ehloitrt . II The purpooo for ond appllcatloi of specific Bret aM procedure* and proc urer : Ui A review of tbie standard at the employee's first tralntnr and Indoctri nation program and annually thereatter Ull All materials relatlnr to the pro ernm shall be provided upon request It e Mlutti .1 iepren,' I)vet of the Assist- ... 1 r.- -tn.l th. Dtirrlor llkcjKLu n (k)(2)(ill),..an amount sufficient to create an emergency... (k)(3) [This paragraph relates to a deeirable general training program, not to emergencies. We recommend that it be placed in a separate lettered paragraph.] I <k) nrw mH M*k. (1> KMnnc UJ nrutetad inu iIMB hi pattd with Ma II III <L) U> r VINYL CHLORIDE VAPOR HAZARD ' CARRY RESPIRATOR AND) HEAR ASSIGNED PROTECTIVE EQUIPMENT ^ WHEN ALARM SIGNAL IS ACTIVATED WHEN SIGNAL IS ACTIVATED, DO NOT REMAIN IN ALARM AREA UNLESS YOUR WORK REQUIRES IT BREATHING EXCESSIVE QUANTITIES OF VINYL CHLORIDE VAPOR MAY BE HAZARDOUS TO YOUR HEALTH AUTHORIZED PERSONNEL ONLY (L) (2) ... : VINYL CHLORIDE VAPOR IN THIS AREA IMPERVIOUS PROTECTIVE CLOTHING AND RESPIRATORS REQUIRED AUTHORIZED PERSONNEL ONLY (L)(3)...: VINYL CHLORIDE CONTAMINATED MATERIAL MAY BE HAZARDOUS TO YQUR HEALTH DECONTAMINATE OR DISPOSE'OP*USING ADEQUATE VENTILATION OR PROTECTIVE EQUIPMENT \ 3/ It ia aaBurned that the paragraph (k)(1)(4) to which reference ia made in thia paragraph should read paragraph (L) (4). Ork--s H-* OS OLI 162 n hi <*> f poimnjrl <> I tt tal eWorld* i Mar *njr nvdnd < Man. vhlefc oaetrad Uw Nat ot tat w , |iM or Inrtruo- itrMndibie trod nnM Id* (L) (4).. .levels of vinyl chloride in excess of the limits set forth in paragraph (a)...: r' f CAUTION ' POLYVINYL CHLORIDE CONTAINS VINYL CHLORIDE AVOID BREATHING VAPOR OR DUST CLOSED CONTAINERS OF POLYVINYL CHLORIDE HAY CONTAIN VAPOR LEVELS OF VINYL CHLORIDE WHICH HAY BE HAZARDOUS TO YOUR HEALTH OPEN ONLY IN NELL-VENTILATED AREAS OR NEAR RESPIRATORY PROTECTION (L) (5) . . . : VINYL CHLORIDE DANGER EXTREMELY FLAMMABLE GAS UNDER PRESSURE HAY POLYMERIZE WITH EXPLOSIVE FORCE POISON AVOID CONTACT NITH LIQUID OR VAPOR UNLESS FULLY PROTECTED BY AUTHORIZED EQUIPMENT IN THE EVENT OF ACUTE EXPOSURE SEEK MEDICAL ASSISTANCE IMMEDIATELY /J 11 I CU Vilalnmo and 'dacoalainlna. Horn. Il> Tmptoea atoll to Macad upo Immadlata claan op af spllk. pariodta ta- HXtiUn, pwH imk ofaaidgmil <. kite, and imir kMMwidikunHii ' 4` II ()(4)(i)...a suit impervious to vinyl chloride, a reepiretor In accordance with paragraph (h) of this section, gloves, and protective footwear. ill Waata aeilaartnalid Trarlaltlrn~a1o~rr* oUmt1ma*te**r*la*"la Man. (*> iwnnnu prooadura* *h*Il to ................................... ... for Uia da* of all andi (t> In aalntananca or rapalr opan- tpofcd<a1a>a ____ antir, *m- lo mch oparatlona atoll wild and required to <)(4) (ii) IDelete] III I Use of an air-aupplied whole body inpervious suit consti tutes a Major health and safety hazard. The racoamandedj change permits an employee to 1 t__ ______ _a______ * lam. (1) uses prescription glasses, (2) is in a vessel with a safety harness to permit. his resoval in csss of 1 accident, (3) needs to wear a hard hat. Since no contact with vinyl chloride will occur, this provision is unnecessary. <11 rnuctm cMhtov and equipment shall ba claw and dry tar Men u>a. <) Wham rmnli or plptod a)alama era Opanad local aahaurt vatiUlatlnp ahall n provided to nam too aacopfn. rapor Iran an ocomtod ana*, m (!) VaHta to fca antorad ahaU Ant caocantratkas ot vtorta to a ton! djulQKf gvflttlowtepntoloitAi tMi vh aaatuannt N--a --------- and aacurtd. tralnad and touippad tar mtn Is praaant and u aftaarvlnp Uta tmployaa to Uta naaat.STha ohamrsi due baaa maana tar alrnaUtor far baip to toa met lisa amptoyaa mpoitanew mHam Dndar such condlttaM, Uta Siam ahan alt- Ml for hato.oad shall nofaotor to assist Uta amploYta nnUI annUsar paraaa la prawnt to iiliatm. tail TnargarUdtam loading and - laadlng 111 PacUtUaa for Iha loadtot and mtlnadtot at atari thlortda to and from eoatotaara ahaU ham aaeh tranatar Una and vaeor-aguaibda* Una onulppod alto aant connocliona, and than hmva' an Judiu purftnc system. Vant and purfa tmuafW ahaU ba ratumed to a proeaaa atream or Sand to a aala location. <1> Procaduraa dull ba developed and implemented tor too tranatar of vinyl chloride. Written coplea of such procr- durea shall ba provided employee# m- (arad to auch operation*. and auch am-, ploieea ahaU ba fidlr trained and re hearsed to all procedure*. <3> Employs** tnrared to tranatar eptratlona ahaU ba prodded with and required to near reaplratora to accord ance aith pararrapli <r> of tola seclion. *n< Polymer handling operation*. (11 Containers of polyvinyl chloride releer- inr delectable levels of vinvl chloride ahall Be "opeAm tM IIUBtHIHU WBLr under local exhaust venltlotlon which reduces Uu concentration uf vinyl chlo ride belOW the dflreLahlr tevri. )2* Hot operations. such u but not limited to milling, cdtcndertiift and extruflmn. htch release fifiuri.fr chilli be enrrtcd on only 1 ; U 1 n itVUrh i Mt.- (m)(7)(ii)(B) [Delete] (m)(7)(iii) Insert the following* ..., or a mechanical standby is provided which requires acknowledge ment from the man inside the veaeel on e 2 1/2 minute time cycle end another man (observer) ie in the area to assist the man in the vessel if he does not respond. (n)(1) [Delete] (o)(1)...levels of vinyl chloride above the limits set forth in paragraph (a)...the limits set forth in paragraph (b)(3). (o)(2)___levels of vinyl chloride above the limits set forth in paragraph (b)(3)...the limits set forth in paragraph (b)(3). I I Alternate B should be permitted for all piping. An inert gee purge is neither necessary nor always practicable. Purging beck to the process is feasible end provides equivalent protection. t I < Mtdicol nri8i*et. Mot UUr tlua ------------------ ItH, t pnma o4 mtflnl wnatUuw* abaB ho tsaUtatrd, and than prrridr tub mlInched aawtorw bb u> nsumindr (or aaaaiinattMM tBaaaartMaaaWhUilr** procoduroo abaB ha pariantad ha ar under tba aaaanhdab at * Maaaaad Doctor oC IMhIbo (MD) or Doctor of (Mnaaila <DOI. tf ataitoal awalmtmna and taataabab haataddad ariOwil coat WUMmmtaSM. o At tbatbaaaf bdllil iaili> i tnt. or gpaa InaUWUaa at aanbdaa. a pbirat- ( At lha Uma ti tattlal aatplo/mant ar upon InatHuHan at aaraanlna. and an nually Uwraattar, a anadtrat hlatorr rhadtllat abaO ha rnnelWrd ha tba amhtayaa. IX (p)(1) [Delete] (p)(2) [Delete] (p)(3)...suitable samples shall be taken to permit the performance of all teeta deemed necessary by the examining physician. (p)(4) [Delete] Hi It la the concensus of medical opinion that there are no f diagnostic or screening f procedures that mill detect sensitivity or predisposition to angiosarcoma of the liver. Consequently a standard should not specify what teste should be performed, but should leavs medical examinations to the discretion and professional competence of the examining physician. I t*> laboratory analytea lor oil WoJo). eat Madman* tndodad to aaadleal turnInaUoo* ettall bo |lrf--it la taken- a cm reran. <t If themed* eft______ to pononpk (oia at Wo (It Enty ata marike (or --idle*01 who bin boon Mobnt lo (Oil chlo ride related OBorattoao tor 10 ton or oon;tnt <U>- Annually tor oil other employee* mMimnoiltMinu. (p) (?) IDelete] (p) (8) (Daletel the raoulto ot madlral elimination* aboil be made and maintained tor the dura tion et employment ptua flea wan, or tor K jeara, whlcharer la loneer. ipl Record*- (it Records ot monttor- lm and meaauring. madleal record*, and regulated area entry roatan and aim-' mailei. ahall be made available tar en- amlnalion and courtn* upon nqueer to aulborliad repre uilatlvea at the JuaW* ant Secretary and the Director III / t Decisions as to the significance of tests, and reconaended procedures should be made by the physician. j f ! I' <D in the mot that tha tmtianr oiiHtttitaaMaMafttanhMHecaiaar ta ncatra M ntala Ma reeceda lar tha mmtit tM, theaa mu* halt ha maaaNUad tv rattalwd mail ta tha Onctar, and an* awwlapaa Ml* tided tecta to at rtJtoeUnf thatf < <> Cpao written rimmt at anr am* ployee, a copy at tha atrat record at ouch mrln-T dial! ha Jturntahad la a phnidan daattnatad hr Um amptoroa ta 'MCblHMIt- <> Mtpartt. Hi Nat War than.......... tha Mlawtad InlarmaUon ahall ha nportad ta tha OdU Ana Dtnctoc. Anr chanta in tueh InformsUoo ahatt ha reported ta tha OOHA Ana Dtnetor atthin It data at eudt chant*. it! Tha oMnaa and taaatlon at toch aaUMWunaat which haa ona or aura ntuleted ana*: and (U) Tha number at employees In aach ntidatad ana during nomat operations. tocludlnt maintenance. n. tortfnia .hid, refull In tha n- i thia paratr*ph <1> A npert ot tha occurrence at tha hKUant and tha facta ohtalnabta at that Uma Inihatlnt a report on anr medical Iraslatent ot affected emptoytet ahatt ha mada althln M hour* to tha OSKA Ann Dtnetor. (ill A written report *hatl be AM with tha OaUA Ann Dtnetor within t calendar daps thareattar and ahatt in clude: (A) A cpectAcatioa of the amount ot material released; - <B) A dtocrtpUon ot the ana Inroind and the talent ot known and potential employee exposuie and ana affected; <C) A report on anr medical treat ment of aflected employees and anr medical eumelUance protram lutplemrnled: and <IM An analysis ot the ctrcumatancea ifiic ir-i \ih nt and measure* taken or * rprriOc completion , ' r ' !rs-rs. (q)(3)...reasonable acoeaa. (q) (4).. .T9monahl* accese. It)(2)(i)...emergency. (r)(2)<ii)(D)...emergency. 1 ?R- I ii !). >. im. ***. we IU1MOLTIBTMMIaSTsS*eienntffc(MS*iellaBMHHWf ,ei a up, in*. , no. mi* Hh pbMr. ) II (r}(3)..,lveli of vinyl chloride in excess of the limits set forth in paragraph (b)...The employee shall) (r)(3)(1) [Delete, and replace by the following]t Be notified of the exposure as soon as practicable, but not later than five working days after the finding; and. (r)(3)(11) Be informed of... (r)(3) (Hi) following]) [Delete, and replace by the Be notified in a timely fashion of the corrective action being taken. III 17 I t