Document 44jyOkEjZZ1wJreN5BDD30Gre

C U<>? *M t , V * ~ -, */V> ^ * ff.; i1 "l * INTERNAL CORRESPONDENCE CKS&IICALS AND PLASTICS "o (Name) Dr. A. B. Steele Division location New York, New York hCut-i*'v MAR 2 5 1375 R. N. WHEELER. JR. RIVER ROAD, BOUND ffftQOK, NEW JERSEY 0830S D4t March 21, 1975 i/ Originating Ocpt. Product Distribution Copy to See Attached Distribution List Answering letter date Subject Status Report - Vinyl Chloride ` A meeting was held in Washington between representatives of the SPI Ad Hoc Committee on the distribution of vinyl chloride/polyvinyl chloride and OSHA which included Mr. C. R. McClure, Chief of the Division of Occupational Health Office of Compliance Programming, M3, F. Nyer, also of the above mentioned division, and Mr. D. Flowers, special assistant to the Associate Secretary of Labor for Federal and State Com pliance . The SPI recommended labeling program, as outlined la the status report dated 2/20, was presented using UCC labels as exhibits. OSHA accepted it as being satisfactory and fulfilling the requirements of the regulation. They plan to incorporate it in their inspector's compliance procedures. They approved the idea of large labels on full pallets but pointed out the customers would be cited if an inspector found product in their plant unlabeled. Therefore, if it becomes necessary to label, we must see that at least one of the pallet labels is in contact with the bottom row so it will be present until the final bags are consumed. They stated that on imported vinyl resin, labels must be placed on the bags as soon as they come in contact with U.S. labor. This may be on the ship, docks, plant, etc. This should be of particular interest to our Film Products Division who I understand are importing resin from Japan. As is the case at all meetings of this nature, extreme care had to be exercised in the direct questions passed to OSHA and, accordingly, some assumptions must be made since direct answers are not available. These are: 1. Since they contend that exporting of vinyls will be handled similar to asbestos, we conclude the SeaLand vans do not have to be labeled. This, along with comments indicating labels were required only on primary packages, leads us to conclude that our intent to not tag package trailers or box cars will also be satisfactory. 2. While samples were discussed, no specific conclusion was reached. They admitted the bag inside the box, if labeled, was satisfactory notification for the customer but did not notify the shipper as to Its contents. This, however, didn't appear to be of much concern to them. If the label is placed on the outside of the sample box, it will probably preclude our shipping via UP, REE, Greyhound bus, etc. If our Legal Department doesn't object, I recommend we follow the policy mentioned above and label only the primary container. UCC 024185 Page Two Status Report - Vinyl Chloride March 21, 1975 During the discussion, the question of applicability of the regulation to resins with very low concentrations of residual VCL was raised. They indicated such a proposal had merit and they were in sympathy with producers and users of such resin and stated their solicitor's office was looking for something in the regulation or preamble to justify their exclusion. They did not believe the classification as a fabricated item would be appropriate and if nothing in the regulation as issued could be found, an amendment would be required. This would result in open hearings and take some time. We believe our Solvent and Dispersion resins fit this category. There is no further word on the request for Stay of Mandate and Stay of Effective Date of Standard Pending Application for Unit of Certiorari to the U.S. Supreme Court. Accordingly, as much as I hate to play it this close, the word still is do no labeling until advised to do so. Every effort will be made to give as much lead time as possible. EB/mg E. Bell ucc 024186 ififij!(ijssssinf*5S 55(Finf**5555ifs?sij5ss55S 5!f55ijir COPY DISTRIBUTION LIST B. E. Abrams M. M. Anderson T. F. Archer (2) J. H. Barrett C. J. Brounstein D. E. Leese M. DiCubellis A. E. Donaldson W. J. Dugan T. T. Elgin J. C. Flanders R. E. Flowers G. J. Freebersyser R. H. Gauthier D. E. Gould J. A. Grady R. E. Graebert M. A. Hill S. Hoffman H. Johnson D. E. Jordan W. G. Kahler R. T. Kramer T. G. Kudro V. L. Larson A. W. Lutz R. L. Morgan W. E. Morgan J, V. Murray D. Neal J. Novak C. D. Nutter A. R. Randall W. J. Seelig R. W. Sealer/W. C. Roeh L. H. Shanks R. G. Stanley L. S. Truslow S. Vicik R. W. Walton R. N. Wheeler j R. L. Yelton New York Somerville Bound Brook Somerville Chicago Texas City Bound Brook Bound Brook Bound Brook S. Charleston New York TOrrance S. Charleston S. Charleston Bound Brook Torrance S, Charleston S. Charleston New York Clear Lake Bound Brook S. Charleston S. Charleston Somerville New York New York S. Charleston New York New York Bound Brook Somerville S. Charleston Somerville Clear Lake Texas City San Francisco Bound Brook New York Chicago Clear Lake S. Charleston New York