Document 4QwwvLvxDYJ4YOQve6YzELVGa

u~- p r 1 i 27, l'J7 7 ,'.r. Joi.n t.. ..'illiarg fo;iiCo btecl-illu International 2jj Lone; Acre, Sac hells i. i i-i r.t har;, upland li 7 5J Ltd. icjr r. Willlauu: Kc; Aahcston carry jiicprurJ hag referred yuur rci|uet for current infurcatlou ou asbaccou to b.c . As I do not Usov specifically uhac lnforoacion or report you are seeking, enclosed you will find ell asbueLoe related releases froa our Occupational Safety ana health Reporter. This service provides an appraisal of the latest uevelopueuts In federal occupational safety and i* c a 11 n . You will note that cajor activity olact August of 197*2 uus iuvolvud the clasaif icacion of^ Talc processed by the il. T. Vanderbilt Company, Inc. I aa also enelosiiig a lattsr froa that company dated April 1, 1977 la which they indicate teat Vanderbilt's Talc Is co longer classified as nsbastos bearing naeerial. If this is not the information you seek, or if I eey bu of any further asulstsoce, please do uot hesitate to contact ce. Vary truly yuurs, U. Z, Woodbury Corporate ".ana^tr, buployee palationa uiiW: * cc: Hr. H. Shepherd bcc: D. Adame ' 2555 FQS-00-0000001763 PLAINTIFFS EXHIBIT FOS 746 CURRENT REPORT :9 TV- 'i> ennducted by ihe Health llcjc-rc.'i C: .t3 ..." : - ".-./-r f*"-.`!uion cited ws that UL-ur pu-.-. tjf i-r- . . . .1 'r.,,: rvm.nr.> f,,,n.; .ml 1" a jewrc 'hor:..,.- vi u-..r.v..ll*t experts. ar.J 3v lo-.v h.-alih Budgets IV.v IlHCi survived 15 nu;ur union* rrpre>(-r.:;ng more " ...n -.xon mill.on worker* prone lo chemical hca.'li n3<..rds 3n ..a*-; of tliv particular industry The unions surveyed in flu .led r i:i't:unc.v:i's Wc-ikcrs of \mcrtca. ln:crr..ii:- n..l A.-'Oci.ili-m of Machinists ,,nd tcrcsp.irc ''".ilTI li-.iiTnaconal I'mon of Eleetr.ci.-ins liiit-rnoiiunj! Ilrmlu rlimnj of I`aimers l'".:lcd Aula Workers (M. Chemical and Atomic Workers. Iniernuuo.-ial Chemical Workers. I'nttcd electrical Radio and Machine Workers. l lined Mine Workers. I'niied I'apcrworkers Ttxlilc Workers. Cnncd RjaVerwnrkers. American Federation of Government Employees. tmcriean .`.'deration of Stale*. County, and Municipal Employees. The Mirvey found only one full-time and lour par.-lime medic.! doctors employed in occupational health in all la un ions "Compared with managements health personnel, the ur.uns' lerces are tiny A IWs iiudv of more than 2.000 i?f.s:c.an members of '.he Industrial Medical Association iii '.'.ed almost ail employed By industry. and virtujlly no dol lars employ cd By unions aside fro.-n 1! doctors in union dimes doing general health care delivery, not specifically oirjp.itional health." the study said. Til'-' la unions reported 11 full-lime and 25 part-lime non health professionals working on international staffs, and in addition, the Law listed 220 and the Steelworkers listed SCO fieid health representatives among rank and file. The OCAW r.uted two hcalih representatives for each of its nine dis tricts. the report showed. The survey also noted that staff expansion plans for the future "seemed minimal." Despite the unions" shortage of medical personnel and money, the survey questionnaire recorded widespread union awareness of activity concerning health. Education and Monitoring Worker education appeared to be the most prevastve union health project, the survey showed. Several of the unions do wurkplace and employee monitoring, health survey*, and mortality or follow-up studies. Some 300 CAW plant representatives are trained to measure factory noise, carbon nw>nux:dc airflow, and the Autoworkers have inspected gray iron foundries. Icad>acid battery plants and 200 other plants, the study showed. The Painters Cmon has a mobile unit to give physical examinations to members, arranged through a contract with the National Institute for Occupational Safety and Health, the American Cancer Society, and the Mount Sinai School of Medicine. The *UE reported "uncovcgtng hazards in several shops" and took steps lo force torreenon. Several other unions said worker identification of hazards is encouraged. Ton of the 15 unions surveyed have run mortality surveys, including: medical examinations of 300 Ccncral Electric workers (or exposure and effects of FCBs (polychlorinated biphenyls) at GE's Fort Edward and Hudson Falls plants in New York ar.d checks of appliance plant workers lor asbestos exposure (UE with Or. Irving SelikofTs Mt. Sinai laboraioryi: morality or morbidity studies of asbcstoS~texulc workers in Paterson. N.J., cotton textile workers in C-dumSia S C . and die anrt fi;::\i;.r.c Aorkirs in 'w* Y .* Textile w.-rkers t n.on- nui'c an: -.i.r.ng <01* test* !' .|.vruu:i,iri niurijim ,tudn-s <I p.,,r.'i-ri riri . . <ui:ii>i-l liubhcrwork^r* expo-vd lu sijrcnv-suudixi-.c. bidm studies in ;hE fa..road industry . Ia.Mi. expa-^re iludii'X of Stirlworrrs 10 cu( men p.-luiion to . r. I chloride at i>>w s .Midland. Mun pl..ni *nd icntiiuci- :o Ic.irt ..ml arsenic ibiceiworxers \!-n untpcuficxl *iudie> a ihe t. AW ,md OCAW jic being cniiuueii-J "he ruricy `ei:.'..i Oinyr S.ndingi The survey also showed mcre.jir.g union ar,;..;y :n hat gaining for safety .inti lieal'.li improvements ".jv; uc.ncred by OSH \ were found to pari:t:paic in Renew C.nmisMOn proceedings on vailaiiun* a-unc unions .nc..u.ne the Steelworkers and the OCAW". ,,rc very atine. aut :n. unions -- ihe 1LE. the LE. and the Comir.unicanons W,,.-vr; -- have taken no part in proceedings Tlic survex concluded that "our findings, however, arc u.sturSmg" because worker hcalih is not a top priori;. many unions. "With wide variation from union lo union ? impression is that occupational hcalih is getting more alienlion today than it did a few years ago but not enough. :nc study <a:d. recommending that "a m.ajnr union effort should go luwjrtl puBlicmng hcalih problems and '.raining members to spot and report problems 10 the union ana :o OSIIA. I'nfor'.unatcly. some unions seem to make little or no use of OSHA .. The exclusive '.'jneeniraiion on workers cur-.pcn>a;ion which has marked same unions health elfor-.s is a back.vard-ic-oking policy, ;hc survey said. "nfofcement OSAHRC REQUESTS SUPPLEMENTAL 9RIEFS ON ASSESTOS RULES IN CONSTRUCTION WORK The Occupational Safety and Health Rcviexe Commission requested supplemental briefs on whether the monitoring and medical examination provisions of the asbestos standard are feasible as applied to construction work. This action was taken in Rorurrli Ci't'.rrll. Inr 1 Vo 11756>. xx-htch was directed for review By the commission on September 15. 19*5. Review Commission Judge William J. Risleau affirmed citations for violations of 29 CFR 1910 1001 ifi ill and ij> ill. holding that the standards requiring monitoring and medical examinations apply to any workplace where asbestos fibers are released. The employer had argued that ihe standards were not applicable to construction projects like the worksite in question, because the employees exposure to asbestos was minimal and of relatively brief duration. The commission s order requesting supplemental briefs noted that Secretary' of Labor s publication on OctoOer 9. 1975. ol a proposed asbestos standard applicable to general industry but not to the construction industry (Current Report. October 9. p. 572). In the explanation accompanying the proposal the secretary indicated an intention to develop a separate asbestos standard for the construction industry and noted the uniqueness of that industry and ihe special com pliance problems involved. The commission order directed the parlies 10 brief the question of "whether the Secretary s statements of October 9. 1975. may be construed as recognizing that the existing standard is infcasibfe and con trary to the requirements of IScc. 6 tbi 15) of the Oc cupational Safety and Health Actl when applied to the con struction industry and consequently should not be enforced as to such industry." Cypy'ifht 1974 by Thy Lhiim *f Nalitnli Inc. FOS-00-00000017&4 2556 -4 20 OCCUPATIONAL SAFETY & HEALTH REPORTED tint-fire .>lo was rcqucxted on whether the provisions of i :'M :. l" :P91 if' 'll expired on Deeemacr 7. !!?;. in v.iw of -taniLird's language requiring mmol monitoring The 197 toxic substances list contains 19.::l chemical compounds of wmch uniy 34 are mutagens The list includes chemicals with mutagenic effects m six months of the publication of this section." humans and or cxperincmal animals. Put must mutagenici LVntmiv^ioncr Timothy F Cleary dissented from the com- ty studies use microbial or host-medicated assay fii-Mon s orucr. criticizing the majority for raising issues procedures Neither of these procedures falls ur.eer the r.oi presented by the parties. whole animal selection criteria. "It is essential to re-examine the selection criteria for mutagenesis and to include the sup-mommalian assay General Pohcv svstem tested chemicals." MOSII said in its RFP The contractor chosen by MOSII will be required ' to iden APPOINTMENT OF THREE NEW MEMBERS TO AOVISCRY COMMITTEE IS ANNOUNCED tify. evaluate, develop selection criteria, ano provide nput uf imiiagc-nvMs studies and data to the Hcg:iry j( Tauc Li (cuts of Chemical Substances file. " Tin- .o;iniin;ent of three now members 10 the Njnonal .MOSII will use the list uf mutagens not or..v for the \ii\ i-..iy (' jiitniittee on Otcup.ilninul Safely and Health was registry, but also for tlic priority list, criteria ducumtr.ts anmiumed on September 7 and assistance in determining occupational rncart.n needs, T!ic new members are Nicholas Ashford. Center for Policy according to the RFP Mlernoir.r> M.issaihosetls lasiitme of Technology, Persons washing copies of the RFP should contact the Con represeii'.r.g the public $i-ctor. Euucnc KumnUc. Cum- tracting Officer. NIOSH. Parklawn Building. Rm. 1-53 2000 mi.vMiincr of Public Health, state uf Tennessee, also Fishers Lane. Rockville. Md. 29852. representing the public, and Ralph J Vernon, department of. The KFP due date is September 16. industrial engineering, Texas Ai.M L'nivcrjity. representing the Vilely ettnr. Three eurient members were rcjopomied to the com mittee These members arc Roger Wmgau. senior vice president. Liberty Mutual insurance Company. Paul Kotin. Kepono Senior vice president for health. Safety, and the environ AlllEO EMPLOYEES ACOUITTEO: ment Jel.ns M.invillc Corporation, and John J Sheehan. JUOGE FINOS "REASONABLE DOUBT" !i L'l-loiive U.rei tor. I'nited Steelwurltcrs of America. Th.ese members will sene a two-year term expiring June 20. I'.iTl Reger Wingate will serve during that period as cuinnmiee chairman. Two Allied Chemical Corporation employees were ac quitted September 2 of a federal charge that they conspired to cover up the discharge of kepone into the James River at Hopewell. Vi. "I stmpiy am not satisfied beyond a reasonable doubt." I' S. District Judge Robert R. Mcrnige. Jr . said. He heard Discrimination the case without a jury. The charge involved the manufacture of kepone by Allied MEDICAL CLINIC AGREES TO SETTLEMENT at its Hopewell plant between 1966 and 1974 (Current IN JOB SAFETY DISCRIMINATION DISPUTE Report. September 2. p. 405). The Occupational Safety and Health Administration an nounced Sepi -mber 3 that it has reached agreement with the Arkansas OrihopcdicCImtc. Utile Rock, Ark..in a job safety and health discrimination case involving an employee of the clime The voluntary settlement resolved a discrimination com plaint which alleged that an employee was discharged from her joh because she filed a safety and health complaint with o.MI \ about job hazards in her place of employment. As part of the settlement, the clinic agreed to post a notice The defendants, the manager of Allied's Hopewell plant and a technical supervisor, were the only remaining defen dants in a conspiracy indictment handed up by a grand jury in May. Two other Allied employees pleaded guilty to reduced charges and testified for the Government during the trial. Allied (aces trial September 27 on a single misdemeanor count of conspiracy and 153 counts of aiding Life Science Products. Inc., in violation of federal water pollution laws, according to U.S. Attorney William B. Cummings. to i-mpinyccs for at least CO eonsccutivc days affirming the (luup.iny's agreement to refrain from discrimination against workers who exercise their rights under the Oc cupational Safety and Health Act. The clinic also agreed to Procurement comply with terms and provisions of the notice, including notification m writing of actions taken to comply for the OSII \ Operations Review Office-West. DEPARTMENT OF LABOR SEEKS STUDY OF JOINT CANCER INFORMATION PROGRAM ' A study to evaluate the Occupational Safely and Health Administration and the National Cancer Institute's joint oc Procurement cupational cancer inform, on and alert program is the sub ject of a U.S. Department of Labor request for proposal. NIOSH TO AOO MUTAGENESIS STUOIES TO REGISTRY OF TOXIC SUBSTANCES The overall objective of the program was to provide for a review of scientific information on occupationally related ' cancer and the development of a plan for incorporating that Muiagenesis studies and data will be added to the Registry ' information into an educational program aimed at reducing of Tuxic Effects of Chemical Substances, according to a ' - the risk of cancer. National Institute for Occupational Safety and Health re _ Requests for copies of RFP LM 76-69 should be sent to (he quest for proposal. U. S. Department of Labor. Office of Administrative Ser- Octvfi'iinil Safety 4 Hijih Rtaefter 2557 FOS-00-01S CU^E-T BEi'OHT i \. ' n n^ \ :.: j> it ri'I.ic* lud.':n* i\\iHiinicnJ.iliuns a<Mp(fl In 't.v tninsr.iliw rrijiiifv' rnij'luvorsi lu bo l*r ;V\i'ir.fino. MMim.iinini;. jnd crunching iih a afir ;t.,i i:i ri riKinii.il. r.'iu.ilmc ncrr^.irv ttwlv ^juipnuMU. jmJ ?y;nrn> a* niil i:: <.-.1 :n ' !ir ' i jful.il tl l.viMfjjr- ...-u ;u6*rC*ljlcd f.tl.ilihcs and %. % i:i*rul ,utid* n!> ^nd n.ikmc ,w .v.in..!`U' to I He \>*i>luiil .Va fVlury for f li i *:' -'t.iI v.:t !\ .uni lU.ilift. ! .dewing .ifo ia<1 ru\oili:ul ofvraimnal pfKrilurc** as . i1. t ir. tlu* 'I..ml..ni .iii ^ae-i* ol .h-i return I!. t *. _ ,-f . .. . '.vupiiu t *' t*. 'i -.v.auLt t vr;rv * :z f>' * ^ tii.M \i rn'j -:.'- ho 'AiVi.i :vr:. i't-.c . * p.iri for r v on%nK-r,ai un nr; :*t. Ihc re**"fd ' <,\ ,.(| * nils dis'i-ion Hill appear in a 'fare O'-i-ions -,i,-: . merit litigation CLEARING LAND FOR GROWING GRAPES AFFECTS COMMERCE. NINTH C:RC'Jir SAVS \ firm that wa> ile.irmc land m c.difi.n-u . N.,p., y ; . with the intent <d using the larirl to grow grapes u cni'..-r j LitiQfltron in a business iffeetmc mtiTjtatc rr-rimcri e the L x C'...-: of \ppeals foe the Ninth I'.rcuit TESTS. INSTALLATION OP EQUIPMENT SHOW ` REASONABLE DILIGENCE.'* COURT SAYS Tins unanimous decision in flu lmm tlodn m r OS i::.? <" iNo. *a-J!'Jii. decided August IS1 rucr-til a ruhn; of .he >c cufialiunal Safety and lie.dth nwvirw Conirms-mn. J.i . \ .:r:>l\er M-hnli riMjinvtl nn m<Jc;>cndcni laboratory to Mrrrr Kn'prpri.-.-i-s r- i 3 OSIIC 10l5i The appeal to :he pl.ini horv for sirnone* l>bCMo inti milled circuit court was taken hv an emrlnvcc of Lev Marc* r.i i*<*-.! un.'d *,.!c ^N-ri.yl.ac. omnpiisint ii j rc.Milt: Hie lob ex* diligence m .iitompiini' to furruJi j lost three fingers in an acnikni mat resulted from lu/.ird i tlikl hy the Sei rctarv of l...aor f'.mployees uf Lc-s Mates were u-.ng a guillotmc-tike ' ~...* : 1 :~ticd \iwu*l 2b iy the C S. Court of spinier to cut up trees that were 'i-ng rlr.ircd from re ...1.* :or :.".c v\:h Circuit in i)n/:!i>i r tin( /rivr. land Despite repented emidoirv ' '':!V'l:nni and actidii-, ! .-i..' No T.', (orji. .ifiirmitl .iii order of ;!ie Oc- the eitipluvcr i .-iiperintcndcnt required the workers to p_: s.iiviy .uid Health Review Commission reported more than one lug in the >|uittcr at n ice, winch increased :r.o nl I'bilC IT'.i) Iwizard to the worker holding the logs, because he had io Rockwell operates u plant at Ashtabula. Ohio, where it place his hands close to the blade of the splitter Tie prij..i'e br-.ke -lues Its pruduciton operation requires secretary charged Los Marcs with z violation of Section a )) j.Mid.%- of the brake lining material which contains iai Mi of the Occupational Safety and Health let. :r.e .irecitrij \ Labor Department inspection of the facility general duty clause, and proposed a penalty ol $600 re .nil I m the ikMi.nue oi a citation for serious violation of The employer contended mat it was nut "engaged m a 29 CHI I'JlO.kMt Jin) 29 cm IU!0134<aif2J.The cited stand business affecting commerce ' and therefore was not subject ards delineate the ..lionable number of asbestos fibers in an to the Act. as provided in Section 3 15 < of the Net Review ciipii'iee s breathing rnne at peak periods and during jn Commission Judge Robert N. Burehmore rejected tms eight-hour workday and require that respirators be provided. junsdtcitonal defense, but on review the lull commission : i - ,v. In civ held Lcs Mares exempt and vienu-d :he citation with . Rockwell contended that, by installing safety equipment. commissioner dissenting. Employee Godwin s appeal nr.J ti regularly maintaining and periodically checking that followed. equipment, it exercised reasonable diligence and did not The court, speaking ihrough Circuit Judge James M. know that exrckiivc and unheallhy amounts of asbestos Carter tirsi noted that Cungrc>s' use of the phrase 'after:- libers were in Hie breathing zone of the grinding machine ing commerce" indicates an intent to exercise its power operator The commission ruled that Rockwell had been over commerce to the maximum extent "Clearing land is an diligent py retaining an independent laboratory to test (lie at- integral part of the manufaeiurirg of wine, and therefore in.i.piicre m the plant for airborne pollutants. In addition, commerce is affected by the activity." Judge Carter s.-ud the commission found that Ihc test results indicated that on ffnrfr/sfln r Eirmrj Mil F\2d jI6>. a Fair Ijbor Slandarcs all three tost dates, the company's exhaust system was func Act case, held Hint clearing brush for improvement *( tioning property and the level of asbestos fibers in the air agricultural land could be regulated by Congress, hr nmed posed no health hazard. There was substantial evidence uf The fact that grapevines had not been planted is not signifi record supporting these findings, the court majority of Cir cuit Judge .iMIfinv J. Cclebrczzc and Senior Judge Tlioinas F McAllister. Jr., found. _ The majority also refused to find a nonsenous yiolation'of cant. according to Carter. "Les Marcs act.vitv. taken together with land clearing by others, would surely aifect commerce if unsafe working conditions were utilized." he added, citing the 1975 Supreme Court ruling in Fru r the standard, cuing the Ninth Circuit Court s conclusioirthat Linuril S'ttics 1421 I S 542i. knowledge is an clement of a nonsenous violation i2 OSIIC C.S. District Judge James M. Burns joined in JuJ^e lo4bi. Carter s opinion. Circuit Judge Walter Fly reluctantly" Cireuti Judge Clcorge Clifton Edwards. Jr. filed a dissent concurred, stating that "to me it is virtually unthinkable that ing opinion m wliieli he stated that the administrative law the Founding Fathers could have lorcscun tne extern to judge and the* two commissioners who made up the commis which an increasingly expansive inieiprcl.ition of the sion majority totally ignored much additional relevant Cuutnicrvc Clause cuuld so infringe local authorin'" evidence which the secretary offered at the licarmg. Accord However, the court s decision is com|>cllcd by precedent. ing in the dissenting judge, the commission's total dis fc> conceded. regard id employ ft- testimony was arbitrary, capricious, and Thu ruling will appear in a future Decisions supplement Cser-'Sh* 197C Lf Tl><- .. ukuw ftl Ntiimol Afl.jai Inc, FOS- 2558 ~G OCCUPATIONAL SAFETY 4 HEALTH REPORTER , , ,, I ]m!*u> >jnl l^..l<.\tr. in :ln* cm-- - i i i*rv .. j. ; i '. I . ii.I..::. -t- ii;i--lij inj;lrc-l...' 1.-f:::it ::1 . vc: * *^-11 \ -I <--il,l bv ^Lli* :n (iic Inf ri|*.uil . . mi .. ii.iIiikiu i.Iv b.i-i' lit* x..id Tint' (>MI \ cnulil i -. in i r,;v.itl Ninl..iin iuf>>iu' Iv.ivi f\i.*nnrr *- i me il niii- n.nip.inv plum glut b.i'i- [h.il nt.iM-*n mi prior ... v i" .. tniN li .nvurrcU .it .lOMlicr pLini r.i ihe s.iinc i t'. rv i ".i ii.'iii, ":i. i.iii pni iif ihi- pl.ini wnniii (* rm rvH lor i. i .-I' I: i il'ii i v; '...iivil Tin*. i ppi * * n li kiii' uMI \ a i.;.:liii In- 'nill I ii i n 'ini In- uriiint.illv profi-i rill Itu- Imlui' pri.|K.'.il liul in -imli .i:-.' i! funner In- -.ml il in '.in .iiIiiiiminIimIiic nichl- ; . i ni-i hi- i!hcrin:;i iv.n. unable :> .nirii- in- I'-ue mil :ini UN*,-i: pi iin- enure o.ir.innioc .il !In* next NAf'OSII - i iint; 11 i-i.iliii-li' nci for ,\inomlii-r It nnd 15 in 'V *`iiili;*ml DC YEP U udait Tl.i-ii- mil lie .i .Vilnnuil Kiiiph.iNiN IVi'gnuii. ' Hriice !! Hi iiiniiin!. .i-ni.i.,i:i iliri-ctur uf the program. declared in ,> i:u in' ii-ini'l to \ K'Ubll Ti'.nniiiij lr >iitc suO area : ii ' *i . N|.,;t Nirp-o:-. I'lifN. n;.iIC ail.l S.CIi*n "ic1 l` con - :i l-1 .1 .mil ni.iio plans officer' .ml moniinrs was m "i -liili.il to g-.l uinlerivov on September If Pc soul. pii|i.irni;' lo l.mncn \EI\ llillenbraiicl -aid ObllA has ..1- -i::::i-il .il liof.iicl' in llie founcirv unotrx- and lus I-.--.:iiil `.:.iin as >ri:--U' or nun.-ei ion* Kgr odJMional .....i .me in toiiipli.i.-.cc oftivcr*. u.-illA has suggested ..i .iii-iin r.: -nilea fur tin- vioLinm* as -.nil M..U1 t.o ;n. ricm of '.lie tuumlries targeted or The NEP et na; arc in size. Ilillcnbrand noted, and OSHA nm.-ii/c- t!:,ii abatement lime* lor tln-'c foundries may it...i lo he li.ncer lur .-nine eiulniiuiis ili.ni the abatement p. ri.nl pmn lo larger foundries. OSHA mil be seeking i-r .iii'i-i mg cniitrul of hazards but it admits that these -.vtll n-.i ..luai - he economically feasible. "Wearc compromising on compliance, llillvnbrand concluded. Other Butuini f-i I'tiii-r business. \.\COSH Chairman Roper Wingate, m M.-.a.il Insurance Company. combined the policy .ad hiidcvt auncroups into one unit chaired by John J. Si.it-lun. legislative director. United Steelworkers. Other "... tnin ip -li ihe new policy and budget subgroup are: Miles i'nell Muiiiinum Company of America: George If. R. T-.iinr. ai'1. CIO Standing Committee on occupational safe :-. .ml hi.ilih. Kugcne Kuninklo. Tennessee Commissioner n: I'uiilii Health, and attorney Barry C. Brown. r..lnrll was named chairman of the standards subgroup, ti'i.i i- imnihers are Sheehan. Deck. Mari' Amdur. Harvard I .aior-iiv Ui partniem uf Physiology, and Ralph J Vernon. Ti la.' a .v M Cniversiiv Department of Industrial Engmeer- in; The ri'inpiiunrc subgniup will be headed bv Deck. Other i11ri*rs are Taylor. Unbus. Paul Kotin. Johns-Manville t r: - ration, and Nicholas Ashford. .Massachusetts Institute -l rvchniilugy. Center fur Policy Alternatives. * Generel Policy 0 BRECHT SAYS BUSINESS COMMUNITY OEAUNG "POORLY" WITH OVERREGULATION . The problem of ihe busincSBcommunity is not unnecessary legislation, but "misdirected efforts to cure legitimate wrbngs." Richard O'Brechl. director of labor law. U.S. c::..n i..r ft! C'-rimc-rce. luld the Ajbe-i'-ii Irfi-rm .'.:r p ;a..-i:i :iri . f-.mvti: cor.fe.-iffe ;.i Vi..sr.ir^:on U t` liv'd h vpicv.hfr -J a.id 10 Tnr bu-incsi c- mrnuniiv ij f.i mg "ovcrrerulation bv the (>< vufiai onal Falily and Ilv.illh Adniir-i'ir^iifin and u:ncr adencie-s because uf its own failing' he said cn.ng -.he ni-iv'-iii f--r pl.n me the pn.hlun m per-pecliit " O Urecht uni'pa red the -oeul pticnomvhun nf the labor movement in bti'incss problems with ir:*ki..tori .lei-ncics lie -.ml the l.ilxr muwiiivm began Secau-i of ..boim.h.iijic '""kind ie.-\lilin:i'. uilli l.'ie.ir mils ,ng i.llid m : !-.e mints .'.nj working 12-10 Id hour dai* for si The niu*. emeni was noi arn-pti-d nnmetluivlv bv ocie!v nr hu-ites' and iaa talleJ a cunmium.'t pluy. he sanl The mui. f.ir. cvcmuallv gained acceptance and. in fact, became me darling oi ihe press. 0 Rrecht said, adding that labor brought to light genuine social abuses and the moi emcrit was placed in the role of eorr-.cnng those abuses. The success of the labor movement has leveled off. he ex plained. because "they are making up causes to go after." the purpose has been achieved, and the movement is becom ing excessive in its demands. lie compared (he growth of regulatory agencies, like OSIIA. to the labor movement. These became the fourth branch of the Government" and were "pirkcd up by Nadertype groups" and also became (he 'darling ' of llic press. Now these agencies have become exc-essuc and. hopefully, will level off." he said. After placing Ihe situation "in per-pective. ' he emphasiz ed that the business community is dealing milt the problems of overregulation "very poorly" at regulatory inception Business' approach is disunited, often on an industry-bv in dustry basis, sometimes eumpany-by-cpmpany. he said The approach is "very seldom positive, or anticipatory." ana is reactionary and antagonistic. The worst problem is that business is not challenging tile regulators enough in public (orums to point up deficiencies, he said. Proper Approach Business should work with regulators, mid-lcvc! policy making bureaucrats, to provide intormaiion needed, challenges should be made both in administrative hearings and in court to use rulings to "restrict ways mey can act" or maintain the status quo. he said. Business should predict or correct regulations before they become a "cause celebre." O'Brecht said the business community should identify the key person on any Scnaic committee in Congress with jurisdiction over a certain issue and concentrate on that Senate committee to make use of "the pinnacle of political clout" since ihesc commniees ' have confirmation power." lOf*lo Standard OSHA still is considering inclusion of the construction in dustry in a revised standard for asbestos exposure. Grover Wrenn. OSHA Office of Standard Development, told the ' group. The construction industry was excluded from the initial revision last fall due to time constraints. Wrenn said. However. OSHA has not made a final determination to in clude the construction industry According to Wrenn. some 70 to 10 percent of all asbestos products are used in construc tion activities. The revised asbestos rule, proposed by OSHA in October 197S. would reduce (be permissible exposure limit lo an 'eight-hour time weighted average o( O.S fibers per cubic cent.meter of air. Permissible exposure levels for (lie construet,n industry would remain at 10 fibers per cubic centimeter. w OccwM'i*A#i L Htal'K R*pt*r " pgs-j)0-000000l7fe"7 2559 CLIENT REPORT 447 ..ct'-rding :.i the prup<iil i Current Hiyor: fVt.ibiT ? ;?T5 s :::i i-i-m U-ld :hc rorlcrcncc ihal 'JS!IA rtfWN cor.: r.tried wi-.a the ftCMiarch Triangle Institute to dt'f lop alter:- Hues ,'v/f bundling J-bostos in the tt>niruclion ir.du<trv Tlic pro ject i> expected to last four to sis mentftj he said Tetr iChloroelhvltn* MOSM RECOMMENDS CEILING LIMIT OP tOO PPM POR SUOSTANCE EXPOSURE \ ruling Ii:i:i| .if 100 [)arl> ;>t-r million. a determined hv j :-.uic }.iiii|iline period w.i rccuir.rr.cmietl fur oc- (u;jtiu!t.il exposure to letratliloroethylenc by ihe National Ir.. .'nit fur tVnipatmnal S.ifctv and Health 7i:c institute made us recommendations in a eri'cria du ^meni -jimmied July 2 lo Hie Orcupaiion.-il Safetv and ilv.i:i!i \dinimstration .Current Report. July 1. p. IR*i The NIOSIt recommendations appear m the Full Test seeiiun ol Hus Current lleport. Logging WORK PLACE STANOAROS RECOMMENCES BY INSTITUTE IN CRITERIA OOCUMENT Safety for losing should be prun-.nied through adherence to sale work practices, employee training, medical services, pu-iing of legging areas, and use of personal prwcctive ei|uiameni. according to recommendations by (he National In-:.iiiic for Occupational Safely ,<nd Health. MUSH made :i- reeummemlaiions for legging safety in a ernenj document submitted July 1 to the Occupational Safeiv and Health Administration i Current Report. Julv 8. p. I Sid. ' The N10SH recommendations appear in the Full Text seeHun of this Current Report. Arsenic ERRORS IN IMPACT STATEMENT CITEO BY INDUSTRY SPOKESMEN AT HEARING The Occupational Safely and Health Administration's in- Ham>n intpoci statement on us proposed inorganic arsenic -uiuLird seriously undcreslimales Hie standard's possible rri.in.mu- elfivl on industry, a team of witness.-* for ASAH- U). Inc., told a hearing on the impact statement in Wu.-hingion. D.C.. on September 13. TIm.- impact statement, prepared for OSH A be Arthur Y..u:ig and Company, estimated that adoption of theprupos- vd -i.mdard would result in an imp..d of approximately 5273 milli-id in i -piljl cosi< and appAjumalely Safi million nj'an- mi.il operating and maintenance rosli iCurrent Repot* June 10 p J7i In addition, the statement estimated that employment would decline bv about 3.0U(I workers if the proposed ex- po-urc limit of 0 004 milligrams were adopted. The number would increase to 3.700 if ASARCOj plant in Tacoma. Wash . were forced to close. Hai indra M Nadkarni. Arthur D. Little. Inc., lesiifying on hehalf of ASAItf.'O. total the hearing that the ecunumctric iiuali l on wliicli*.\rtliur Young based Us findings contain-, err.menus assiumiiions alioiil ASAliCOs Tacoma operation `hr rt`rlO .if-rmc `:*.,rk^ H c *. -o !.*< I :r:.ii ) .t uf'i.4 is .g (f -iv.v sU*f ..r.1 t '--1 ..tit, rv . ../ .x .,n vr v\}> ut!l j. .ini-f..iL v v.rv .' v v:;.i lure r.itc i* rvjp prufio f.'i.m '.he p*:.* cl .rs. juv 'ri*\nlv f-r*#m this ar-omption the m'P-tCt Ctt mi f*it luili** lluu the smciUf nsauIiI t h4c * r...c .it .vl*ul h.ttf r.iitt) c.ipacuv j rc>uil nf tu>i of null llie- US|| \ In rc.klttv .mV ^MK licr *i..> :n vk-* ite c !.j>c in v j i .ijvit'il v uuniMirMi.-o l -'. s \ *.m) * -m., wiUI M*i ix' .ihK u* rtAxvr its it a urri-.H i .;s- I'ltnlllC tIff*11 |o *11 ;n-i ( i <U <( tlx ,, ,i >. \Mm N'*mic ' i .1)1 .li.iliMn"- .t:'" rr -.'u . 'v r.M*'lil.i IS ll'.c otltN 1-1111 s' < ; hut' - * IllMi-.iit I!t.f !hvfC -fi1 ;t .tv v;., . M'lirrs, r^MH' ( Aim h e.*n .hrv Hv i '-writ! :ho ;)*:'.l **^ jrMtiii*. \..lV^ini vjid ,iviKtimimhi Mmi 'Uc .fuj rrurkti is 01 xtti ,H x,*i`rrv r. -,i wtiiih i-ji* ciMiitui ;ia> v*';;i l4fj\ j\ ,i:v - PTL-.t In u*n>iUvunc 'lu* uf mvvnnp '.In- inop^ j >1^.- :..rj ihc imfwiC't cinjniJcri onlv i.Wnif wiiyjil mcrc'^C bv unlv Z pcrvvM \.i0kjrni s.iid II tpnofes ^ unit lived cw>U. uhiUi mvrca>c U4 perwm n* Nl.tlt,:miU > OMm.ni-.n u( ihv wfiviMpU.sTivrU th.it um.M be bv jiit';nin uf (he ^uniiK.int imiirvcl imp^dS .\..tj'-v.irMi Kup .m\ p'.nJucli.in n!t).ui rcMil'irj from .ulapuon of U.t tl.nd rfSJerf irn!ii':ics furnivhjnj \S HC0 mlh :n.:cPt.ils In u.\--i. !'us wtHii.! iffvti < MpjrtiCv >vpplv* me V> \IU*U s up;*l:er> lii-luvM vc*<:>urMpmn vperc:**: by liic uiicnifiiuvod <l>o uuulil hovp jn cifvC. on (he cvor*imv nn U>< "domino effect. ui;c**pK'`niciu riHMihnp iruni mMpimn uf (he '(.mcUirC m*rc !be a.roci IO M P.'irt r.ithiT th.in -ViOO j.n tMluir cs- (iiti.iUd. N.nJkjrnt >.iul IH6A T*ittmor Other severe errors m input ' in the \rthur Vourj impact sternum wvfc tiled bv Knnatlon J C.*n*-n. pro.Miknt jl (*tdu'vin.ii JIcmIUi Kn^uicci in)f A.v^ucutc^. Inc Cupi-n ctmicued \rihur Viun^ > j*>v:mpunn$ tiui * Currvm exix'^urcs at \SAliCO pUnii vxcrcd ihc cu.rcnt exposure limit uf 0 5 nnUigronu of wf>cnic in nunv tn* fiances. ' Tlic use of "clc.in ruoms" in smellers would reduce ex* pxurf in jrsonic. Kiyupcs Irum two viudies ume bv IHKA .mother bv 0 B. c^hjIU be combined lo Ovim^iv coMs of cum* pluuuv rvlublv m the T.iconu pl.mt s ru.ivicr opcrjison Kwn if ihc use uf ;n ecunomctnc m4i*l bv Arthur Younf is .ippiipri;te. r^ults ul the impact vijiorncnr ire so ' hitfhlv in error 1 Hki ihv only mviiuxl of rortcetm': these ro'uli> t> (o ro-do ihc enure u>k. C-pl.ifl said T)coio ^tjm \5.\HCO niiplu be forced 10 consider down its Tdtni;i viih*I1i-i if the pr'pu>cd >i.ind.ird t^ .nlopivd $::"i-n 0 Str-ju-'s. esecuitvo uce prcsulvni ol \i.\nC0. U1J the hwinnc. Kiich of AS VHCO ? facilities must "be judged on it? own to ctmMiluie on economically viable unit." Sir.tuss soid Con tinuing (he Tacoma operation when massive expenditures for rmrols make ibis course of action unprofitable "t* con trary to this vitally important policy." Alrradv. ASAHl`0 is faced with an expenditure of 590 million lor sulfur oxide emissions control, and 50 9 million lor arsenic emissiims control, for future compliance with local pollution control repulahons. Strauss said. These ct*>u CtyTi^Kt c 1976 by TKc Kww ( tac. fos--i7&a 2560 9S3 - --c; ?ri;fjiT.j invuimtg live >.b- -,`i 7:..- is li:t;.ti-i) to rest.iy jrau'etwb. ; -vt include ir.furmjtton un jii.'rpiiun jajIIuw i.-.vctivn. or the use uf head. eye. or skin pratvur-c .I.i.t: lt.e irtjrtul may be purchases) from (he National Tvi.i.-.ic-I ::ifwrm..t;on Service. 52S5 Pori R.iyal Hoad. \ r ~ufv-ld. Va 22'.Si tor fS 31 in [uper copy or (ur S3 00 in iru.-vV'"!!! Orders iliould include Hit NTIS publication -.111:Lvr 05C CCA Puui'c.v.ens manufacturing chemists group REORGANIZES TECHNICAL PUBLICATIONS TV y...:ui::.c:uf::td Clicnti-H \sooannn artti.iunced a .'i -...ni.-ation ol ns tuchstcal publications program io ifiieti current developments in safety and health including me 5u>rensivn of circulation of some chemical safely daia <h, cts Li.-.iiuc.il s-.teiv data sheets on styrene monomer 'SD-37) ,,::J t.l.ine SD-o3i erc withdrawn from rirctdation fora reus.an of first aid recommendations, and data sheets for f.t-nrene >0-21. carbon tetrachloride 'SD-31. and i ;.li.r/orm ED-S?1 were withdrawn to undergo major reMsiiitlj The assouatten also announced a price increase for several technical publications AS of January t. 1977. chemical >:.;civ data sheets will cost S3.00 per copy, and Cargo Information Cards and Chem-Cards will be priced at !.' 35 each further information on the association s publications may be oot.uned bv writing to the Manufacturing Chemists Association. 1825 Connecticut Ace.. X " Washington. O.C. 30009. Publications NORTH CAROLINA EMPLOYERS' GUIOE IS AVAILABLE FROM INFORMATION SERVICE The "Occupational Health Program Guide for North Carolina Employers" is among currently available publications from the National Technical Information Ser ine of the Department of Commerce. Tl.c 2G-page guide outlines the scope and objectives of an OK-upaimnal health program, and gives attention to such fjccts of a program aa job placement, health evaluations, rcc'ignuon of hazard*, evaluation of hazards, and control methods. A discussion of protective equipment ts included. a> arc the most frequently tiled standards violations. Sum maries of OSH.a standards and registry numbers ol several carcinogenic substances are presented, and listings of oc cupational health services and information conclude the booklet. -- The document, which contains some illegible portions, is available for $1.00 in paper copy only from the National Technical Information Sen-ice, 32S3 Port Royal Road, Springfield. Va. 22161. Orders should include the NTIS publication number HRP-0005971/7CA. Radiation Expoaura . "Occupational Radiation Exposure at Light Water Cooled Rower Headers. 1969^975" also is available from NTIS. The 25-page repprt is a compendium of occupational radia OCCUPATIONAL, SAFETY & HEALTH REROUTES tion ,,t uviu::-.c:r:.il power re.vtors r.-:ed b' w-.tir T! e ; i-r. i t .uml n tiom lC*u9 t*.raukh 77-.C !-- i:_vnt.,y pt. oUjih-j iruin NTIS fur 10 in p*;tir c- sy or fur ; l 00 m niirro(or:n> Orders jltuu.J induce tin NTIS ; .iMicanon nuitt.Vr f'tl-257 Oil 7CI4 Alaska STATE STANOAROS APPROVED FOR SAWMILLS. PULPWOOD LOGGING Tic Occupational Safety and Health Aimirtstrat-cn aspruved Alaska's safety and lic.iith stancarcs for saumtiis ant) pulpwo&l logging on December 2!. Notice of the approval was published in the federal Register. Tie notice stated that the state standards were identical to the federal xtartdards for wood production. with '.tie exceptions of grammatical improvements and Uw I 'OH3 I state original standards. The standards supplement and the approved state plan may be inspected and copied during normal business hours at the following locations: Office of the Regional Administrator. OSH.A. Room 6041. federal Office Bldg.. 909 first Ave . Seattle. Mash 9*174 Si.ite of Alaska. Department of Labor. Office of the Commissioner. Juneau. Alaska 99801 Technical Data Center, OSH.a. New Department of Labor Bldg.. Room N3620. 200 Constitution Ave.. N.W . Washington. D C. 20210. Virginie OSHA DISMISSES REJECTION PROCEEDINGS AGAINST STATE SAFETY AND HEALTH PLAN The Occupational Safety and Health Administration and the Virginia Commissioner of Labor and Industry' reached agreement that proceedings to reject Virginia's state oc cupational safety and health plan should be dismissed, and Administrative Law Judge Rhea M. Burrow granted the mo tion to dismiss on October 26. Virginia took steps to amend its proposed plan after OSHA announced ill intention to reject the state plan in 1974. The Assistant Secretary of Labor forOSHA approved the amend ed plan on September 26. 1976. Both parties moved for dismissal because the rejection proceedings were moot. The action was made official on December 28. SLIDE SHOW ON DANGERS OF ASBESTOS SOLO BY OIL. CHEMICAL AND ATOMIC WORKERS A portable slide-and-tape show on occupational use of asbestos and what workers can do to protect themselves is being sold by the Oil. Chemical, and Alomic Workers Union. The 30-minute, audiovisual presentation, "Asbestos: fighting a Killer." is for sale for SI2S. In it, workers, physicians, and union representatives describe the medical consequences of exposure to fibrous asbestos and explain the federal regulation designed to protect workers. Interested persons should write OCA W, 1126 16th St.. MW, Washington, D.C. 20036. Oceuxxiixnxl SxUfy A h-ialih Rxpxrtxr FOS-O-00130176 2561 1032 OCCUPATIONAL SAFETY j, health REPORTER Cjiir.n::;: rrfu.vi: in eunimmt on the ca.i'i l.-.jiratior.s .ru it i.i c<urt if r.vcu-'.jrv rather tp..r. m.,nu ,,.ri.-rt.-iivJulv .i-llli-.r.i-ni CjuIU io: the (inn iv ..m. u! dollars. aicurding in ipukusnuii from both the ("r^i^nv in.; die union \r. ti.'fr: v. ji begun m September bv United Auto tvurxcrs Lit ..I 97-l io ;ra*nle the first significant challenge under the III:non w..rker c'Tiipunsjtiwn law. which was ehangid m J.m ;tr7j :o ,.:!uiv mjrcury .-.warn. for unly partial hearing t. -- S.rie '"ere is n.e -ncv:hi intcrnn in the law defining !iv.nirg in ji.iirrium ::.e ,irti::r.ii.,r niuM make a decision L-m d on a p.-i jiti.i.n ti-ititnu.-iy that :.`ie hearing loss is oc t urjiiuiuill;. rcl.iied The ur..u*. m Scpti-mbcr hind consultants who performed .n.,;:.,metric tests on 34; workers frjm Caterpillar s plants in '.le-'U.le K.isl Pi-ru. anti its M.,plcton foundry More in.ift j-j pi-runt nf those workers registered some nearing U " jno 10 erttpluyi'es !:..d losses serious enough to cause ttu m to he i .n.iieri-d .is v.i>rk;n,,- m Hazardous ' conditions. aie'--rdir.g t.i Du-.c Law. union local chairman (or publicity ina ediH.ilmn The k-tors relerrcd lit itorkcrs lor further medical attcntiun. Law said. Tlie essential pomi is .vhetticr the workers will get medical vf 'i;. n to -..rpuri ihetr it.i.ms. aecerdtr.; to Albert Pro:bus. .1 euiiimis.-ieii .n hitr..(nr nhu is scheduled to begin hearing tin la.-es in March l..i sad the untti.n offered to negotiate" a settlement nth the c mpani v.hen the offer was refusvd. the workers filid toe c.zi.nts Catirr-.ilar is invrcasir-c nnse n-.tnitoring ..re ..reer protection measures, according to Law who es- iim.ued that more than TS percent of the cases came from ilu- laundry huilowir.g this change in the state law. the union began to i tactile' the members about their increased rights. Law r.--:irmcd If the arbitrator s settlement opinion is challenged by enher side, it may he reviewed by the Industrial Commission and ncniually appealed in court. ^Asbestos FORMER 30AT YARO WORKERS SOUGHT TO CHECK FOR POSSIBLE LUNG DISEASE Lmon leaders at the Electric Boat Division tEBi of General Dynamics in Grc-ti-n. Cunn.. agreed to Stan an effort to locate termer employees who may be suffering from ashi -lo'is as a result uf past occupational exposure. The etturt (olluws a study performed on 1.200 EB employees bv the Ml. Stnat School of .Medicine which fi'imd approximately half the workers to be suffering from ust'esiuvrelated lung abnormalities. A unnpany spokesman, meanwhile, said EB was taking no at iwn on the matter but would wait for the final report from In mg Selikoff and a team of researchers from .Mi. Sinai. Ac cording to the company spokesman. S. J.Wornom. the com pany discontinued using asbestos for pjpe insulation in its ship building and substituted fiberglass in late 1974. . I1H was cited last September by the Occupational Safety and Health Administration for violation of the asbestos ex posure standard but contested the citation and was upheld in its appeal by Administrative Law Judge David Knight of Boston in December. Womom said. The OSHA report said EB employees were removing asbestos insulation from pipes aboard a submarine without wearing Type C air respirators or special clothing providing body coverage. Officials of the Metal Trades Council and other union organizations at EB. which commissioned the study by Mt. Sinai. were to meet la p!-n j campaign of notifying h-r-ni-r cif.;.toievs at Hit *!.-> may lijie seen exposed to asbestos ii-.U arcing them to get X r.x\v-j There arc aOf-rourrt.-.te v !U t-op employ i-vi of :.*.e U'encr..: Din.nr.ics shipbuilding divi sion at present, but the number ul lurincr employees is lichen'll to exceed IUU OliO The resuits of the medical tests were said to reflect work ing conditions nf the past, since those tested by me Ml Sinai team had an average of iS scars seniority most of them working with or near asbestos Two years ago Local oJO of the pipefitters union protected the use of asbestos on the grounds that a high number uf women had died 'roin asbestos-related diseases The company swuened to using Itbcrglass Combsne Research Suooort Recently. announcement was made by the Jonns Mans die Corpi>r:.ix>n and the international asbestos workers anion that each was comrtbuimg 9220 000 toward rcscarih to ti.-tu a cure for mesothelioma, occupationally caused cancer The research will be performed by Se-iikult anu his staff at Mt Sinai. The research is expected to get additional support from the National Insulation Manufacturers Association. the Nati'-nal Concur Institute, and the Xmcrican Cancer Society .Moolliulmma is responsible fur 7 percent nf the deaths of asbestos workers, is attributed to exposure to asbestos in S3 percent of all cases, a.-.d thus far invartabH proves fatal soon after dctecimn bclikoff said He expressed hupc of develop ing a means ul detecting the cancer early and treating it effectively NlOSH Recommends lowering Revising an earlier recommendation, the National Institute for Occupational Safety and Health in December said the asbestos exposure standard should be reduced to tOQ.OOQ fibers per cubic meter of air iCurrcni Report. December 23. p. 9211. * XIOSH added that all evidence confirmed that asbestos in every torm is carcinogenic and should be replaced with a substitute material whenever feasible. The recommendation to lower the exposure level from the present 2.300.000 fibers per cubic meter to 100 000 was made because mat it is the lowest concentration at which the substance can be monitored reliably. .NlOSH said. Heelth Hezerds GROUP STUOIES ACRYLONITRILE MONOMER. RELEASES STATUS REPORT ON LAB WORK Acrylonitrile monomer iA.\). used in the manufacture of fiber, film, and other plastics, has caused weight lossand the growth of subcutaneous masses around the mammaries of laboratory rats, researchers told ihe Government. In a status report to several U S. agencies on a toxicity study of AN. the researchers for the Manufacturing Chemists Association said the rats received concentrations of zero, 33, 100. or 300 parts per million of AN m drinking water. "Administration of AN at Ihe txvo higher concentrations under the conditions of this study has significantly lowered body weight, produced pathologic changes in the gastnc epithelium, increased the incidence of masses of the ear duel and produced proliferative lesions in the central nervous system of rats." the scientists stated. ' "The significance of the higher incidence of subcutaneous masses in the mammary region of the rats is less clear, and n. resolution will hare to await further progress of the study," they continued. Occweetiwnel Slty A luilih Rihmii FQS-0-177 2562 \N /Jg CURRENT REPORT T*- ; i-a -yejr study being conducted at me Dnw- Chemical l > \ evic'Megy resrjrrh laboratory i> arpro'.im.itclv half fir -r! Tlic status rrport on the liniiir.C' thus !*r was g iv en :j \ v Orruphtivin.il Safety and Health Ad.-iiinstriti./n, the s.-iinal Lnsniuic for Occupational Safety and Health, and fi.-.r ,:.V.r jgenciet. 7* c >tady is one of a lenei being funded by American Cta.'-inid Company, 3org-Warner Chemicals. E. I du Pont dr Nomtiurs i Company. Gulf Od Corporation. Monsanto C.-'"P..n>. Tennessee Eastman Company. I'NIROY.AL C.t.:,.pj Company. Vutron Corporation, and Dow Li.pation COURT UPHOLDS OSAHRC RULING. ASSESSES COSTS AGAINST EMPLOYER A fwlt-r.il appeal* court ordered an employer in pay costs i. -. .-r-.il by the i>\ernr.iwit tn opposing the employer's unii. i: vl..l appeal of a ruling of the Occupational Safely and H-.-.ii:!: Review Commission. T:.c l' S Court of Appeals for ihc Tlsird Circuit on n.'u- .- 8 denied without opinion the employer s petition re-.cw 'No To-1041' of the commissions decision in ( wv : tnn:nccrs Comirin inrs. Inc '3 USHC I6J61. The ::Mdetl Review Commission had held that workers who .re v .posed lo any amount of ascesto% must be given the .da*al examinations required hy.ISC'KH IV10 lOOl'j'. The court s order, issued four days after it heard oral ...-...-vent m ihe case, requires the petitioning employer to pa.- the Government jd3b to cove* the cost of the Government s brief t.-.other arnejl front the same contmiision ruling, filed by GaK Corporation the other employer in the consolidated rase, is pending before the District i f Columbia Circuit C. - No 76-10231 Litigation COURT REVERSES REVIEW COMMISSION. RULES FUEL TANK IS NOT SERVICE STATION A daO-gu!!on above-ground gasoline tank used for refueling fart: hit trucks at ah employer's petroleum refining plant is not a "service station." the U.S. Court of Appeals for the Seventh Circuit ruled December 27 m an unpublished order. The three-judge court s unanimous decision in Amoco Oil C'm':jmhi|/ c. OSAHRC (No. 76-12301 set aside a ruling of '.he Occupational Safety and Health Review Commission reported at S OSHC IMS. Amoco operates a refinery at Whiling, tnd.. at which employees use gasoline-powered fork lifts. To enable employees, cn a self-service basis, to refuel ihctr fork lifts. \:::oe*o maintains (he above-ground fuel tank. The tank is not v>cd by. or accessible lo. the public. Nevertheless, in the commission's opinion, the tank coestnuted a violation of th,e safety standard at 29 CER I9IO.I06.g>U Hum), .which re quires that liquids be stored in underground tanks noPexcording 60 gallons capacity. Subsection tgi pertains lo "service stations." Under the facts presented in this case, the court refused to hold that a solitary' tank located on the firm's premises and used only by Amoco's employees for (he company's purposes is a service station. Senior Circuit Judges John S. Hastings and Leonard P. Moore and Circui? Judge Robert A. Sprecher participated tn the decision. Coprr'9^f ? 1977 by Tb# '-333 Coil Mines IMPROVED PROFICIENCY EXAM IS AVAILABLE FOR READERS OF CHEST ROENTGENOGRAMS TIi c National Institute fur Occupational Safety and Health is offering physicians the opportunity to take an improved proficiency examination for those who regularly interpret chest roentgenograms for pneumoconiosis under theauthori- tv of the Federal Coal Mine Health and Safety Act of '.969 n: EH 3030. January it. |ST7) ' Section 37 idol the Act provides '.hat onl> phvs;c:.tr.s who regularly read Chest roentgenograms and who save demonstrated proficiency m applying ihe iLO-U C I'jU International Classification of Hadiograqns uf the IT.ctimoconioscs shall be permitted to p:.:vc:patc m t.-.e program. The improved examination was developed for MOSH by T>* .Inhns Hopkins University, which auo will grade it MOSH said it is developing prupo-ed arr.cncmcnis to 12 CKH 1`art J* which are exfcctcd to require rccxuirmatior. of all Final or "8" readers, w hich is how the standard reicrs j those who take and pass the proficiency examination, using the improved examination. But MOSH now is offering physicians the opportunity to take the new examination prior to its being required by the regulations. MOSH said those w ho pass will be olaced on a list of inter preters of chest roentgenoerams who have successfully com pleted the examination The list wii! be made available to coal mine operators and others on recuest. Physicians who wish to participate should contact the Receiving Center Section of the Appalachian Laboratory (or Occupational Safety and Health. P O. Box 4258. Morgan town. W Va. 26505: tel. 13041 J59-7301. They should request a copy of the application form iCDC MOSH-Mi 2 I2> and a copy of the "Instructions to Accompany Roentgenograpr.ic Interpreter Proficiency Examination." The Receiving Center'will schedule the time and place for the examination, which. NIOSH stated, generally requires a working day to complete. Meetings PUBLIC HEARING SCHEOULEO TO CONSIDER AMENDMENTS TO STANOAROS FOR RESPIRATORS An informal public hearing on amendments to regulations concerning single-use gas and vapor chemical-cartridge respirators will be conducted February 14 by the National Institute for Occupational Safety and Health. The Mining Enforcement and Safety Administration and the Occupational Safety and Health Administration also will participate in the hearing, which begins at 9 30 a m. tn Cbnfcrence Room C of the Department of Health. Educa tion. and Welfare's Parklawn Building. 5600 Fishers Lane. Rockville. Md. MOSH and MESA determined a need for the hearing to gain additional information on the regulations proposed m October iCurrent Report October 21. p. 5931. They specifically want information on the following subjects. The proposed dciinition of "single-use respirator." T7e proposed performance requirements for the ap proval of single-use gas and vapor chemical-cartridge respirators. The proposed requirements for vinyl chloride chemical cartridge respirators. The proposed performance requirements for single-use vinyl chloride respirators. Nnnl l#%. FQS-00-0000001771 2563 CURRENT REPORT 93 3 M :z.-x-hi said because health claim forms often are p-:v.'>cd by in employer, a comp.-ny is a*.ire of every n.v.a:i.wl problem belli u( :te cnip.o'ee and i-.cir lartiuy niu::bcrs." Tlie information then it olten used 10 dis- er.mm.iitf against ihc cmploece. he added. According to Mazzoehi. information gothcrcd by company medical departments. while available 10 wnoinc' er the coin- ps.-.v wants, is denied :o the emolnyce The collection of cpidriniological data on employees and its submission to trad-.- .."ci.v.:on* for -.ijics without ever telling tne .itftt tvrl employ cc is another common practice in industry. ' l.e r ail Advisory Committtaef PRESIOENT FORD ISSUES EXECUTIVE OROER CONTINUING FEDERAL ADVISORY COUNCIL Pres..lent Gerald Ford issued executive Order 11948 on D-.-ccniber 30 under authority m the Federal Advisory Comit nice Act. continuing ur.il December 31. 1078. the Federal Advisory Council on Occupational Safety and Health. The order also continued other advisory councils subject to future Presidential executive orders. FiCusH was created by Executive Order 11807 (Reference File. 7l.95dl> issued September 33. 1974. "'Attest os NIOSH RECOMMENDS REDUCTION OF LEVEL TO 100.000 FIBERS PER CUBIC METER Airborne asbestos exposure in the workplace should be limited to 100.000 i.bers per cubic mcier of air. the National Institute for Occupational Safety and Health said in recommending a reduction of the present effective exposure level. Tlie present permissible exposure level was cited in correctly in OSHR i Current Report. December 33. p. 9211. The previous permissible exposure level of five fibers per cubic centimeter became two fibers longer than five micrometers per cubic centimeter of air on July 1. 1976. Review Commission SEATTLE. LOS ANGELES OFFICES CLOSEO: NEW OFFICE WILL OPEN IN SAN FRANCISCO Tlie Occupational Safely and Health Review Commission intends to dose its Los Angeles regional office by December 31. arcording to an announcement by Commission Chairman Frank R. Ilarnako. The Scatllc regional office was closed recently. Bamako explained that these offices are being closed because of the commission s decreasing case volume as the stite< hove increased their role m workplace safety an^ health, enforcement. The offices in regions nine and 10 were responsible for cases from Washington. Oregon. California. Nevada. Alaska, and Hawaii. Bamako is assigning two administrative law judges lo a new office in San Francisco that will serve maritime cases arising in Hawaii and along the coast from Alaska to Southern California because such cases remain under federal jurisdiction. `. The Review Commission now will have nine regional of fices located in /Manta. Boston. Chicago, Dallas. Denver, New York City. St. Louis. San Francisco, and Hyattsville. Md. Tone Substances Chemical industry institute to BUilO TOXICOLOGY LABORATORY The Chemical Industry Institute of Tosirolnev pi.vis to bopm m miiMIi77 Ihc construction ol a 57 200 icu-rc !n.,i L.ooraiorv in Research Triangle Pirn N C . to conduct testing, research, ino training programs The institute goal is "to bee me one of the mast rejected and produrtive tuticnl'-gicai m-idutes n tre wnriil. prnviimg technical inforttution am; s.'.ta .;>n v r-i policy nukt-rs ran base nur..l oensinns I.ron G'..lvrg CRT president. soul I'niil the budding is fmivhi-d. CUT till rarrv uut re-, irrn work in j 27 000 v.-juaie lout luljorui uv Um.ji.-.g in i'.ic un NC.. leased from Corning Class ttnrs These tv-p.-r.,ry facilities are not adequate (or conduct-.nc long-term .r.r.a.alion studies. Golberg explained, but they ul allow CUT to begin research programs and short-term studies upon > ..m long-term work can be based The institute has long-term tests of ethylene and toluene under way at an independent testing lanoratory jnd preliminary tests on aniline and dimirotolurnc are scheduled to begin soon. The new laboratory will contain animal testing ar.d handl ing areas as well as laboratories, administrative oll.ee con ference rooms, a library, and an information handling facili ty Air handing systems in the building will be zoned and some zones are designed lor off-hour slowdown or shutdown lo conserve energy whenever possible. Discharged air will comply with or exceed Environmental Protection agency standards, the institute said. General Policy STANOARDS INSTITUTE REQUESTS COMMENTS ON PROPOSED REQUIREMENTS Comments are invited by the American National Stan dards Institute (or its proposed standards (or the safety re quirements for abrasive wheels, industrial sewing machines and automated sewing systems. Comments must be sent by Januacy 21 to the Board of Standards Review. American National Standards Institute. 1430 Broadway. New York. N Y. 10018. BSR B7.1-1970 coven the use. care, and protection of abrasive wheels, including safety guards, flanges, chucks, proper storage, handling, and mounting. Copies of the proposed standard may be ordered for $10 each from the Grinding Wheel Institute. Attn: Allen P. Wherry. 1230 Kcnh Building. Cleveland. Ohio 44113. Safety requirements for the design, construction, and use of industrial sewing machines and automated sewing systems ihat are specifically intended for use in industries producing sewn articles, such as the garment industry, are provided in BSR 8203.1. Single copies of the proposed stan dard are available fur $1.30 each from the Sew ing Machine Trade Association, Attn: C. A. Williams. Jr . 30 Rockefeller Plaza. 58th Floor. New York, N Y. 10020. Mine Safety BUREAU OF MINES TO ESTABLISH MINING RESEARCH CENTER IN ILLINOIS The Bureau of Mines of the Interior Department has taken the first step in the establishment of a major mining research center with the purchase of a two-and-one-half acre sue near Carbondale. 111. Cepyr'fhr f 1976 by The B..mv ! Nalwnsl Affc.ti, Inc. FQS-00-0000C0 : 772 2564 CJRr.Ef.'T REPORT a hire workers may hive iKvn expujCd 10 the ef--ical ! i-...,,:1 ..:> l.kc to kts.w it Wc Uv-puriinon: : il*vc- ;'v . -.-> ii m i or;L.*..;.jr. mi K['n> ijv(v .,-l >r.-\ -.vt ..a .iivnic prisiutv-rv jmi pri'cwvurv whether or nol they iii.iri.. ! their prnduct in this rnuntry I .iin anxious tu hear what action vour Dcp-irimcnt has jUn :o deal will! the possibility liui liiere e\i>l many more .fur ,-.c'ticiJe poisonings such as iliose wnirb have been . muchi to puhlie attention " ksoteonoj Study *-vir effects nf ioptoplms were imlicated to VcImcoI in : */l iwii ve.irv bvt'.ii e the company bvg.in pro-ladion nf file ; i it .rule .icynrili:-.,; to a -'uiiy nuii-U bv Cenares.vinan David i-lvi 'I) `Ai> Tlo Uiilv. performed at Vilsuol > request by ; .!i:>t:i.il Iliu-Tot L-ilmr-Mries. Inc . Northbrook. Ill . in- m. -v.i-d tl:aI toxic i t'feUs were observed in liens given lep: pinik <>r..i!v vi\ hens .:ivrn the hcavicsl dose of the pcslicnle showed i tii i is -uch as weakness, unsteadiness. and change of comb i dor mier a second dose nf the substance Four of the hens died within U davs after the second dose. xccording to the National Institute for Occupational Safe- tv ..mi 11 liti. lepiiijihus can ir.itihil the production of i r. .ar.i -'.et asc. a substance needed for proper transmission rii nerve impulses. Experiments also have shown that the ; o'tictde van cause destruction of sheathing for nerve tissue. n. iut;:i Hus effect was not found m the test cond.ctcd by In- it-:.-:..: Dio-Test Laboratories ' I: the v...iu-tion> m the test are correct. "it is simple itt- i n.iibie th.it .liter seeing Hie test result: Veisicul opened a plant ,.nrt literallv had human beings si deeding the |icsti- vide. Obey said. Mint Safoty SUBCOMMITTEE REPORT FAULTS MESA IN SECONO MINE EXPLOSION \ House subcommittee report released December S iil_mes '.he deaths of a work crew in the second of two fatal c:.d mine explosions on a "fateful decision" made by of ficials of the Mining Enforcement and Safety Administra tion. A total of :s men perished in separate explosions on March 9 and March 11 of this year at the Scotia Coal Mine near Oven Korn. Ky. Uluc Diamond Coal Company of Knoxville. Tcnn.. is owner of the mine. In its report, the House Educauon and Labor subcom mittee on labor standards accused Scotia of ignoring the mute solely law in the first explosion, which killed Is miners. It also charged that MESA sent a 13-man work crew back imo the mine two days later "without due regard for ihe possible hazards involved." Congressman John H. Dent (D-Pa). subcommittee chair man. said in releasing the report tJjal "the Scotia tragedy^ presents the Congress with the most compelling reasons lor enacting legislation to transfer a II mine safety and health RiItirevmcnt responsibilities out of the Interior Department and place them in the Department of Labor." The congressional report, based on interviews and ex amination of testimony and mine inspection reports, stated Hut Scotia had been ordered closed 110 times (or health and safety violations between 1370 and 1970. The great majority uf closure orders, however, were lifted the same day by MESA "thos havit^ a minimal effect on production," the report said. Capyvfh* Z 1976 W? TH* 3SS As*:i tt-i' M-uryc of :i;p ijxii.an if the cv;..;.j*i remain* u.nkt.--w.i the rrp-.r: rv.it :.v.J ;iu .r riAvi/,.-, * \ '-if!.' \ i.vjrr:..!! tt.v i..v r.iiuro :i;c first exp. a-on failed tu ir.clucu the arv,, of me mire w.ncre the p:ai uv Curred A required preshift cxammaiion of the blast area 3 Southeast main, did not take place before two iocometiv es entered 3 Southeast mam The explosion occurred minutes after the rntrvol the locomotives, one of w.hicn was cxr*x eg what vvas believed to be a fauilv sparx-produemg air com pressor A change in production off 3 Southeast r.a.r apput a month earlier vioi.itvd icoiia s approved vcnti.at.on pi.n and mav have imerrupied the ventilation svtrm A methane gas feeder was or-wn to exist r.-.-..-e face of 3 Southeast mam Ventilation problems were discovered ..* ..f.:v before the explosion and mine officials c .r-: questionable practices m aa ellort to ei-rrect" t:.c - cm:;: juon problems." It also was found that six of the IS miners died .'.--m suffocation after an equipment failure and probusiy cou.d have walked put of the mine after '.he explosion to save themselves. The subcommittee investigators heard testimony tliat no one. including the company's safety direc tor. could remember the last time an evacuation unit had been held at the mine. Dcfore sending in the recovery -.earn on March 11. MESA was aware of certain conditions at the e.xpiosiun sue. in cluding a buildup of methane gas. ventilation problems and ihe existence of the compressor winch turned on and oif automatically, the report said. "Vet the fateful decision was made with hale or no thought given to these factors and tne work crew was sent into the mine without any instructions as to the possible hazards involved." In the summary, the subcommittee investigators conclud ed that the explosions "had their roots in the past practices of the Scotia Coal Company" and occurred "because MESA failed to effectively enforce the law." OSHA ACCUSEO OF "ILLEGALLYEXEMPTING TALC COMPANY FROM STANOARO A private citizens' group accused the Occupational Safety and Health Administration December tl of bowing to political and other pressures and illegally exempting a ma jor supplier of talc from the OSHA asbestos standard The Health Research Croup iHRGi charged in a 31-page report December 13 that the R.T. Vanderbilt Company ol Norwalk. Conn., succeeded in persuading OSHA to change its definition of asbestos nbers so that it would not cover the talc mined by Vanderbilt in St. Lawrence County. N V. The talc, which HflC said is composed of 70 percent of ihe mineral iremoliie. is used in paint and related products, ceramic tile, tile glare and flux, electrical insulators, and pouery. It also is found in home-repair products sold to con sumers. such as spackhng compound. The report was accompanied by letters from HRG to Assistant Labor Secretary Morton Corn and the heads of ihe National institute for Occupational Safety and Health and the Consumer Product Safety Commission, urging ihcm to correct what it calls " Vanderbilt s special arrangement." An official of Ihe company. Allan Harvey, said he had nol seen the report, but he denied that any iremoliie distributed by Vanderbilt was the asbestos form. Haney told OSHH < lac. FOS-00--0000001773 2565 ns OCCUPATIONAL SAFETY & health REPORTER ircmolite was very rare and not found m Vanc.er- :..: > New York nnn Another asbvslOi i.cxl-.rcr ii mined t and uved in spackltng compound but H...-vcy explained :-*v packages are faceted as cuntai.-.-.r.g a-ticsiox i.V S...J HIIC "must be taking me NtOSil at'.r.adc, ' and .. thi-v have their wii ikfmiiiun and are alone of all ::.t u;i in defining what is and is not a.ihestov ' lie said c other " groups " which did not cnnuder the Vanderbilt a> luninming asbestos were. :n addition to OSIIA. the ."-.."cu nf Mines the Mining {Enforcement and Safety Ad- :-- nr and i.he Environmental Protection Agency The ilifCI .-I'uort contended that Curn s predecessor as '.i .J uf uSII a John Sier.dcr. allowed the company to avoid omplv mth the stand.ird by certifying "without rra-...::nc icicnitftc cttdcr.ee ' that the laic is free of ..-t.w-:oi It contend-, further that Vandt thill later influenced the age hi v to revise ns standard by field memorandum and r. - c tremoUte from the list of asbestos minerals HHG i...... l ;!:r process illegal." rant trooght pressure on OSHA through five mvtvK-rs of Conercss and gave three of '.hem -- Senators J-ncs iiutsley iH NY> and Lowell V.'nekc-r iR-Conni and O-raressman Robert McE-ven iR-NYl -- campaign con- '.r-'aat.ens of 200 each from the company's president, the repar i s..d It a-Jdvd '.hat one former official at NIOSH objected to the re-a., fir.:: ten and the continued distribution of the talc without ..sPcttos warning but that nothing was said publicly MOSH :! e National bureau of Standards-v. ere Directed by Corn t.i ar.alvie t.he Vamleroill talc. In t.-.c mc-r.tirr.c. the report said, nearly 200 workers in Vanderbilt tr.mcs. an undetermined number of workers in plants which use Vanderbilt lair, and the public which buys prurtuc'.s containing Vanderbilt talc are exposed to asbestos. p?H.\ is betng urged by HRC lo rciraet its field memoran da.-.-. redefining the substance as nonasbesios. dis allow Vjnccrpili from certifying that ns Ulc is free of asbestos, warn manuiacturers of the possible dangers, and micstiaj'.e `.he personnel and (he procedures which allowed such an illegal scries of events 10 occur and persist for so h.ng " Mt-.hvl Parathion MOSH RECOMMENOS EXPOSURE LIMIT OP 0 2 MILLIGRAMS. OTHER MEASURES \n exposure limit should be established for methyl pjratt.iu.n of no more than 0.2 milligrams per cubic meter of .iir as a lime-weighted average for up to a 10-hour workday, tu-nour workweek, according to ihc National Institute for L'ccapational Safety and Health. MOSH transmitted the recommendations on September :: to the Occupational Safety and Health Administration iL'jrrtm lU-port, October 7. p. 532j. The MOSH recommendations and (he first two appendices a; ; -. jr in the Full Text section of IhiY Current Report. Health Hazards CHEMICAL WORKERS INHALING PUMES SHOW HIGHER CANCER RISKS. STUDY SHOWS Inhaling fumes on the job can increase a chemical worker's chances of developing slomacn cancer by as much as 27 times and a lather worker's chances of getting bladdrr cant er 21 times. bivsi.it:Hici*ns at an upstate New York Cantwr i.-.iiituiu found E.mpluvccj :n ihe leather industry also have gr`:a:er tluntcs uf d-rn-iuping cancer ol the larynx - 22 u.r.es ".".ore than averaf-.- -- from fume inhalation ihe jt..jy snowed Rcconls uf 12.Put) male patients at tnc Roswell Park Memorial Institute, a cancer centwr uf me New Vorx Department uf Health in Utiffjlo were anjivn-J lor career type and paiieni s occupation T1h-> were cuinpa.-t- with a control group of clerks whose work did rat expose tri-m io ju-ncctod career -producing agents The study. Cancer Experience of Men Exposed :o .".-..".ala- tior. oi Chemicals or to Combcsnon Products, j.im-t -ard data or. workers such as bus and taxi drivers mccr.mcs md kitchen employees exposed to smoke or erg re < -: a us: Compared with workers who breathe cr-emic.i fumes me rumbusiiun-u.-.haust workers did r.ot show sign.:.?..*.:;;, hichcr risks of contracting cancer. Knrtco Vtadana. one of the study's author; mid Oiiifl me figures obtained in the study can be used as .1 first <":p "a search lor the causes" of the increased cancer occurrences in the industries surveyed. lie said die firings hove been aim ed over to the National Institute for Occupational Safety and Hcalih. Seventeen forms of cancer were identified in the study, and relative risks were assigned to 13 occupations Otner statistical breakdowns covered employees over 50 years of age and under 60. and those no were at their joos over five cars and under five years. The highest risk of stomach cancer. 27 times greater than average, was discovered in chemical workers over 60 who had been at their jobs at least five years, tt'orkers of all ages at the job less than five years had four limes the risk of get ting stomach cancer. Other cancer risk findings: Larynx. 3.2 among barbers *60 -- .5->. 6 8 among chemical workers I-60.S-I, 22 among leather workers (60*.5I. Stomach: 27 among chemical w-orkers i60-.5->, tl (CO-.J-i; 12 among painters <60* 5-\ 12 r60- S-i Mouth and pharynx: 18 among leather workers .60-. 5-). 8 i60-i-i. ` Bladder. 21 among leather workers < 60 -- .5 -- i. 9 2 i60*.J*i. Among occupations involving inhalation of combustion products, it was found that a 2.3 risk of cancer of the mouth and pharynx existed among bus. taxi, and truck drivers ov er 60 with less than five years at the job. I 9 rtsk over SO with more than five years, and 2.2 risk of cancer of the prostate among mechanics and repairmen over 60 mth less than (tie years. r Health Haiaida LEUKEMIA. LUNG CANCER ARE HIGHER AMONG ALUMINUM SMELTER WORKERS \\ orkers at aluminum primary smellers are more prune to leukemia, motor vehicle accidents, lung cancer and certain types of hypertensive disease, according io initial findings of a health study of The Aluminum Association. The association said the study was based on 23.000 workers, which includes virtually all those in ihe fmicd States employed ai least five years in an aluminum smeller that had been in operation for at least 20 years during ihe periud 1946-1973. The study also found that (he workers are less prone to a number of specific diseases than the general population. Occwt*9*#l SUtf & R*prtr FOS-00-0002 1 "77 A ' 2566 CURRENT REPORT 1109 General Policy CALlFANO SWORN IN AS MEW SECRETARY. SENATE APPROVES MARSHALL'S NOMINATION Joseph Califano was sworn in as Secretary of llcaitn, Esucii.on. and Welfare on January 2a llis nomination was cc .-.firmed by the Senate January- H by * vote of 93 to one. J'.-ator fiiio Packweod R-Orei. citing Califano't profess ed -i.nid against abortion, east the dissenting vote President C..r:er s iiuirnnve for Secretary of Libor K Hjv M.irslu!l. wa> approved Jjnuarv 2S by the Senate by a wile of 73 to 20 iCurrent Report January 20. p li'TSi lioth Califano ami Marshall altlio-iph they nad not been e.vcrn in as Cabinet members, attended Carter s first Castnct meeting January 24 Gtnoril Policy MARSHALL AGREES WITH INTENT Of RIOER . ON MONEY SILL LIMITING OSHA ENFORCEMENT Newly confirmed Vi-vrei.irv of L.hur F f!av Marshall told the Sor~v: Libor and Public Welfare Committee he ts in "basic agreement with me intent of the rider that limits Occuoatioral Sofctv and Health Administration enforcement efforts to larger farms." fie referred to the prohibition of inspections on farms with 10 or fewer employees attached to the fiscal 1977 a^ propriotions bill applicable to OSHA. Marshall stated his view son various issues in answers to written questions from the committee. He stated concern for the apparent lack of confidence in OSHA by `many client groups." and said that if he were con firmed. he would undertake a "comprehensive review of the operations" of the agency in order to isolate the main problems with the agency and the sources of those problems. The National Institute for Occupational Safety and Health must somehow be made more responsive to the legitimate dais reeds of OSHA. he said. Also. Marshall noted, although economic analysis can assist in OSlIA's decisionmaking, such analysis should not beallowed to cause extensive delays in standards. He said be plans to investigate reasons for these problems and "act quickly to ameliorate them." Marshall stated that there has been a relative mtsallocanon of resources within OSHA away from health standards and toward safety standards. "One of the apparent reasons for this problem has been the difficulty the agency has ex perienced in recruiting and keeping trained specialists in the field of industrial health. I hope to effect some reallocations of the agency's resources toward standard setting and en forcement in the health area, without compromising impor tant elements of the standard setting and enforcement m the safety area." he said. He stated also that OSHA must have the right to make un announced site visits in order to carry- out effective enforce' ment of its standards, and added he would consider further ihe matter of filing an amicus eunae brief in the appeal of the Idaho court ruling prohibiting inspections under OSHA. Marshall said he supported generally the recommen dations of the National Commission on State Workmen's Compensation laws which identified 19 essential standards for state programs. "It seems to me essential that we set such minimum standards (or state programs, while leaving the general responsibility for administering the programs at the state level," le said. "The issue of coverage for oc cupational disease is somewhat more difficult, as we have discovered in -.ho ul iry.rj :o sc: occur-ioral hc:...r i! thri-.jjh l'SHA The ,-i vn-w I plan io.-;e*'.a> e;:n res per: I a ' .'SilA si.-.nL.r-l mu;. pruv-.ac sa.uc ms. jv.s mti how otcuputiu.-.a: dive.i-c siar.da.-ds can oc sc. elfcctne- ly (or workers C'Mi-.prrs.n.on programs " Enforcement OSHA ISSUES NOVEMBER FIGURES ON JOB SAFETY. HEALTH INSPECTIONS The Occupational Saltiy and UeiLh tdr-i-ixirr.ion in spects! 4.2'.'2 est.-.hlisltmcnu during Vowcix* UTJ ..rari ini; lo the Labor Department. OSHA officials said that, as a result of the ir.srcciior.v ire agency issued 3.303 citations alleging 1C 844 viola:.:rs ot .ob safety and health standards. Proposed penalties (or incsc violations totaled J332.310. From its inception on April 28. 1971. OSif.V .has conducted 352.443 inspections resulting in the issuance of 257::: citations alleging 1.328.391 violations, fur which penalties of 537,384.402 were proposed. A clurt showing November inspection activity and cumulative data appears in ihe Full Text sect.on o( this Current Report. GOVERNMENT STUOIES ON TALC QUESTION. INCLUOING NBS REPORT. ARE ON SCHEDULE Government studies bearing on a controversy over asbestos between the Occupational Safety and Health Ad ministration and an industrial talc firm are proceeding on schedule, and one of ihgm should be compicicd within two weeks. John Dement, assistant chief, industrial hygiene secuonof the National Institute for Occupational Safety and Health, said a final report of an environmental study should be ready to present to the R.T. Vanderbilt Companv and the United Steelworkers in two weeks. A companion effort by NIOSH on mortality and morbidity among laic mine workers also is nearing completion, he said. In addition, an analysis by tbe National Bureau of Stan dards of 10 tile samples from. Vanderbilt and other talc producers and users, commissioned by OSHA. is "on time" and should be finished in March, according to Cary Gravatt. deputy chief, analytical chemistry* division of the bureau. OSHA requested NBS to determine the asbestos content of the talc samples last fall. A dispute had arisen involving Vanderbilt's talc, with the company maintaining that it is free of asbestos, and officials at NIOSH arguing that miners and millers at Vanderbilt are exposed to excess asbestos levels (Current Report. December 23. 1976. p. 9201. A Ralph Nader organization, the Health Research Group, said in a report in December that OSHA had exempted Vanderbilt illegally from the asbestos standard by permit ting the company to certify its product as asbestos-free Dement said the final environmental report "fills in some super-analytical data" to complete an earlier industrial hygiene survey done by NIOSH and released in May. He said the added data do not change the conclusion of the earlier study, which was that "excessive asbestos exposure" exists in Vanderbilt's No. 1 mine in SL Lawrence County. N.Y. The mortality phase of the NIOSH project. Dement ex plained. is intended to examine mortality patterns to deter mine if there is an excess number of deaths due to Csor"ht C 1977 W? Th B.ifow ( Niinal Aff*i, Inc. FOS-0"*775 2567 1110 OCCUPATIONAL SAFETY & HEALTH REPORTER re-piratcrv cancer. All data nave been canceled in that The seminars will be rvnduc'.cd or. :he rg qaies at n.uv. wh/ch covers 100 to 400 miners ar.d millers ar.d 75 ta the corn.?ponding locatiar.s 3i` nc added. Crjvuit said no and his staff at NGS will meet wit.n OSHA March t at tne N.nonul Mine llt.lth ar.d Safely Academy. Kvvklev. \t \'a rc\t weer. to discuss the format for reporting their rcxcarch March II at the Holiday Inn-Airport. 5003 I0ih on :hc 80 tale samples. "We are to arbitrate the controver Avc.. North. Birmingham. Ala. sy " Cravati said in describing the .National Bureau of Stan- March 15 at the Bureau of Mines Building. 4800 Forbes d-rds' role. "We are using the currently approved technique Ate.. Pittsburgh. Pa md -Ail| report the numbers. We will be more definitive in MarthEI at the Holiday Inn-Airport. 4040 Quebec Slvd . our report." thjn commercial labs and others which have Denver. Colo ar.-..>;ed .he talc and found differing results, he added. March 24 at the Holiday Inn-Norm 4:45 N L-ndbu.-gh Cravati confirmed that NBS officials had met with of Bridgeton lit. Louisi Mo. ficials fmn Vanderbilt to discuss the study "We insist that Persons who wish to intend a seminar should not.fv the Hut s the way wc work. We arenota regulator." he said. "It Mining *vnforccmcni and Safctv Administration Tcthmcai is our fix.-ng tfait ale best way to and out things is :t> talk to as Support. :::0 S. Kuiuuha St. Scck.tv '.V Vi nuny people as possible." He added that discussions also telephone i304 i 255-l5ei. were held null persons from other companies as well as representatives from tne Mining Enforcement ar.d Safely Administration. Bureau of Manes, and the Environmental Prwecuon Agency. Coke Ovon Emiisiont Allan Harvey, mjnagcr of feehnologv development at W.iiderbilt. said ihc company wanted "to make sure they sought competent technical help" in reporting the contents HEALTH PROGRAMS OIRECTOR WARNS STANOARO WILL BE VIGOROUSLY ENFORCED of ;hc samples. "The problem with NIOSH or OSIU is a refusal to consult with the experts." Harvey said. 1T.e company's posiuon. according to Harvey, is that a TORONTO. Ont. -- i By an OSHR staff correspondent) -- The Occupational Safely and Health vimi.-.isirauon intends lo pursue "a vigorous course of enforcement' with its stan new method for defining an asbestos fiber should be designed to replace '.he current inadequate" mcihc-1. But he said OSHA "is not waiung for a definition of what is an asbestos fiber and is going right .head with an inadequate mutlioduiugy on fibers." dard for workplace exposure ta colic oven emissions accor ding to Grover Wrenn. OSH As acting director of heaitn stan dards programs. Wrenn made his remarks January :o at the United Steelworkers of America's Fourth International Coke Oven Conference. tSee related articles in this issue.) Mine Safoty Six or seven of OSHa's industrial hygienists with the most oertence in coke oven inspections are being trained so dial MESA REINSTATES GnOUNO CHECKS: SCHEDULES FIVE TECHNICAL SEMINARS t.-.ey each may become the core of an inspection team of hygienists. Wrenn explained. OSHA. Wrenn said, will first inspect the 12 coke ovens in various areas of the nation that, The Department of Interior's Mining Enforcement and to the best of the agency's information, are in the worst con Safety Administration reinstated requirements for ground dition. check circuits for three-phase alternating current low- and These teams will be deployed fairly soon to conduct mcdium-voliage restsunce grounded circuits, according to "wall-to-wall" inspections. Wrenn noted. Ke added that an announcement on January 25 i42 FR <5501. these inspections, which will involve every aspect of the MESA also scheduled a senes of five technical seminars in OSHA standard, will take weeks to complete. He also said ordur to acquaint the coal mining industry with the that OSHA intends to followup abatement actions. availability, technology, and current state of the art of Wrenn emphasized that this is an "enormous undertaking ground chock monitoring. for OSHA," but the ageney must do this "to set the tone for The original requirement for the monitoring equipment the health standards to follow." was suspended on March 21.1971. due to the discovery that OSHA will not be able to enforce the four pans of the stan Uvhnology available at the time possibly could produce m- dard included in the intenm stay issued by the U S. Court of cendive arcing in the presence of methane, creating an ex- Appeals for the Third Circuit. Those parts involve monitor pluaion hazard. According to the announcement, the incen ing and measurement, respiratory protection, protective tive arcir.g problem baa been solved, and current equipment clothing, and hygiene faciliues iCurrent Report. January 20. will limit conductor enerjorto less-thaincendive levels. p. 1077). MESA announced that its inspection personnel would begin Wrenn expressed disappointment that the court granted issuing safeguard notices to coal mine operators not in com the stay, but said that it should not be interpreted "to mean pliance on April I. Notices of violation will be issued to that the standard is in trouble." He explained that the gran operators not in compliance by December 31, subject to ting of the stay motion does not affect the court's final deci- projected availability of the ground chVek circuits by their ' sion and that OSHA will be "vigorously challenging this ac- manufacturers. lion." Tlic technical seminars scheduled by MESA will apprise OSHA knew that it would have lo defend the standard in coal mine operators of the availability of MES.A-approved court and it. therefore, pul together a record that would equipment and the stale of the an of ground check circuitry. make a strong case for the standard's defense. Wrenn ex The onc-day meetings will commence at 9 a m. and adjourn plained. The agency is willing to consider any administrative at S p m. Agenda topics include an appraisal of design action, according to Wrenn. if it can be shown that it has mis parameters, technical support evaluation and acceptance of understood any part of the record. Ihc circuitry, industry lest and evaluation programs,' Wrenn noted that OSHA is an agency for decisionmaking development probleru, manufacturers' presentations, and as such it is dependent upon outside parties to bring to it monitor test procedures, and panel discussion. - the information necessary to make an informed decision. Occwtinel Sfty 4 hvvlih FOS-O0-00O000l77b 2568 CURRENT REPORT M'S The f.':rcuil Court held that the Hevicu t'.irnmiivirn j u:p..;i.an ol Hie standards to Dochti-I w.i$ correct T-Mugs i.ic c -nr.inv s empiovues performed no construe.:.on *erw .-ire rc'pcniiplo (or me .-.dminutriiion and cooreina:ion :.!entire construction project Thus, according to the court. me corr.fo:i) was "encaged in construction worn ' wit'.m the meaning o( !J CKK 1910 ll'.ai o( the Act. The court also notuul ih.it administration of the construction <itv s -ofy program was among the company's managerial duties iiecause the company po*cscd this power to protect it? evS it dip not emne wittnn the AnninQ-Johnson cxc' .uisn (or t!io<. cttiplnyers at multi-employer construetmn Mins who are u.naoie to exercise any control over the i u'l..t.. e c.injitioni 7t:v undersigned opinion of the court, consisting of Circuit JuJ.vs Donald P Lay. Donald II. Hass, jnd W ilium II. Hi Osier, will appear in a future Decisions supplement. Nona RECORD EXTENDED TO FEBRUARY 28. MAY INCLUDE INTER-INOUSTRY STUOY RESULTS The O'-rupaiietijI Safety and Health Administration annuunred Jamury 24 that the public record on the hearing on the economic impact of the workplace noise standard will be reeri".id lor Itnuii-J comment from January Zl to Februarv :j. ' ' L.mated comment should be directed to the post hearing comments prepared by Bolt Bernnek and Newman. Inc., dufmdmg the consulting firm s economic analysis report on the ecst of the proposed workplace noise standard, accord ing to the OSHA announcement (Current Report. January :o. p noTSi. OSHA is "not speculating" on just when it will issue a final rule on the noise standard. Acting Assistant Secretary Bert ConcLIin told OSHR at the January 24 press briefing Grover w'renn. director of the OSHA office of health standards, add ed that, from a legal standpoint, the agency can issue the standard any time after February 28. Wrer.n did not rule out that the extension o( time for com ments until February '8 mav open the door for submission of the results of the Inter-Industry Noise Study. Wrcnn said that, wiule the record officially is reopened only for "limned" comments, the agency would not refuse "any evidence" submitted prior to February 28. The Interindustry Noise Study Steering Committee recently asked outgoing Assistant Secretary Morton Com to hold 'J.e hearing record open until February 20 so that the study s results could be considered in rulemaking. Corn rcolied January 10 that the agency could not open the post hearing comment period specifically for that purpose. Steering Committee Chairman Raymond Verg told OSHR he docs not anticipate any difficulty in meeting a February 23 deadline. If the computer analyses continue at (lie present rate, the steering committee will know by February IS whether its data show a clear relationship between hearing' impairment and exposure to noise between 82-92 OBA. Verg Said. The last status report on (he study indicated that the final results will involve some 440 experimental noise-exposed subjects and some 2S6 control group subjects. Copies of the Boll Qeranek and Newman post-heanng com ments are available for inspection and copying (ram the Techni cal Data Center (Ducket No. OSHA-UA). Room N3620. OSHA, Department of Lab&, Third St. and Constitution Avei. N.W., Washington, D.C. 20210. / Aiocvros 1/ COMPANY may SO LONGER CERTIFY ITS TALC PRODUCTS ASBESTOS-FREE The Occupational Safety and Health Administration reversing a positiun tt took more than two years ifo. *n- nounccd January 28 that it has rescinded permission far -..re R T Vanderbilt Company to certify ihat its talc products were free of asbestos The action came in a litter in :.ie Norwalk. Cann , firm from former Assistant Scirei.iry Murian Cam on January 19 ("urn s (mat dav in uflu c Vanderbilt, one of the top two or three companies mining talc in the country, ror-vuied bv asking L.Scr Svc-c-ar? ' Hay Marshall Inedncel Corn s di-ci-mn w.-iuti me ra'irury said was based un "totally inronituxie ' canvidcratiuns The company had been given permission to use ns Sisc*e- tiun to certify talc products as .isUeMOs-irec in Ocisocr : ?r< by Conti prcdi-ic-sor, lormer Asi.slant Secretary Ju.-.n Slender. In addition to nullifying Slender s action. Corn sent a memorandum to OSHA regional administrators and area dui-clurs canceling Field Information Memorandum MM' which was issued November 21. 1974 elaborating on Slenders decision. Corn directed compliance officers lo evaluate fibrous trcmolvtic talc in accordance with CSKA's sampling data sheet fur asbestos and said Bulk samntes ol talc substances should be upturned. If laboratory tests indicate the presence of asbestos fibers in any amount, the cautiun labeling re quirement at 29 CFR 1910 t001ig)(2> should be enforced, the OSHA announcement said. The Health Research Group accused OSHA of illegallv exempting Vanderbilt from the asbestos standard by c;n- tmuing the policy initiated by Stcnder It asked in a December report that "Vanderbilt s special arrangement" be moved. - Reacting to the OSHA announcement. HRG staff associate Peter Greene called it "a disgrace that it took so long and look further medical evidence than OSHA already had." Greene added that HRG wanted the agency to request from Vanderbilt a list of its talc customers and lo notify the customers that the talc contains asbestos. "We think Vanderbilt has the responsibility to give OSHA the list." he said. Allan Harvey, a Vanderbilt official. saad the request to the new Labor Secretary asked for a decision from him within 30 days. At the end of that time the company would have to "conclude that we have exhausted all administrative resources." Harvey said there was a possibility then of seek ing "legal remedies." Vanderbilt has maintained throughout (he controversy over its trcmolvtic talc that the current method used by OSHA and the National Institute lor Occupational Safety and Health for determining the presence of asbestos in substances is inadequate and has called lor the development of new methodology Quoting from the company's letter to Marshall. Harvey said "no medical data by NIOSH can be relevant to wholly mincralogical questions, such as what constitutes an asbestos fiber." . OSHA said the 1974 letter was rescinded on the basis of in formation received from NIOSH. which has been studying possible health hazards to Vanderbilt employees due (o ex posure to the company's laics. A final report has not been released, but OSHA said the in vestigation has found significant exposures to airborne dusts, including fibers, among the millers and miners. It also Copy**9ht C 1977 by Th 8u..ov ol Nefienel Affairs, Inc. FDS--1777 2569 tl2G occupational Safety & HEALTH REPOHTEB f'.t-'l :l.jt X .`a vs of workers demonstrated lung change? ,.nJ of former V,..i,jcrLilt 'mphni-vs .>' ,:;rj fr. " n-` .:..vr\ disease and lung cancers was sigmfic.'-ity iTn'.ir the number normally expected Enforcement IOAHO CASE BRINGS NO INCREASE IN NUMBER OP CHALLENGES. OSHA SAYS r.-lloui'U -i1' Iil.ilio fc.ki-il enurt s ruling .igjinst inspec- tu.ii? Uv tl.o 0> Cu;i.i(ior..il S.'vtv and Health Adminisii ation. uif:c:..ls it the agency repurti-v! that an expelled rise in Hie number of employers resisting inspections never materializ ed \l first I ilmughl there would be an influx'" of employers who would refuse OSHA inspectors. Donald bl. MacKcnzic. acting director of field coordination, told OSilfl. "Uui there li.ish I been.'' MacKi.i/ie and others at OSHA said the expected rate of cmpiiwtrs "ho refuse entry -- a hoot two or three a week" -- has cor.timied the same during the past month. On December 20 the Li S. District Courl for Idaho in Dorfoie'I. I nr r t.M'i|/ enjoined the U.bor Department from conduc- t:o<l!.i m>reetions. L-.it a partial stay issued last week by Supreme C.urt Justice William H. ltchnqciet permits in spections vatiidc Idaho iC'urrcnt Report, January 17, p. 1 lu" i. . A warrant is sought when an emplojer refuses to Cepe-rate m an inspection. M.cKcnztc said In those cases, we have been following ihc usual procedure if turning them over to the solicitor's office. They're usual!'' ready to open up by ihc time the solicitor s office calls them. ' MacKenzie explained. ,\o inspect ions have been made in Idaho since the three- judge panel s ruling, and the 0S1IA Idaho rtaff "has been catching up on their paperwork." MacKcnzic said. "We will have to make a hard and fast decision on what to do with the office ' when a final court ruling is handed down on inspec tions in Idaho. V.acKcnne added, lie said he expected such a ruling within two weens. hi'.ivwhtre. "we are proceeding as usual" with inspec tions. MacKenzie said A communique was sent to field of- iices recently explamtna the meaning of Rehnquist's partial stay and instructing OallA stuff to continue as before, he said Mine Safety NOTICE PUBLISHED WITH PROPOSALS ANO CHANGES ON HEALTH. SAFETY a notice of proposed rulemaking with changes and ad ditions to mine health and safety standards was published January 73 by the Department of Interior. The notice revises existing standards and adds new dcfimnons. deletes, revises or makes mandatory some ad visory standards, and adds new mandatory standards. The proposed rulemaking covers ground control, fire prevention. * ventilation. loading, travclways. electricity, personal protection..and others. Written comments, including a request lor public hearing, are invited before March M. although those recommen dations proposed as mandatory standards by the Federal Metal and Xunmctallie Mine Safely Advisory Committee arenot subject to public hearing. The proposed rules a^l definitions were compared with corresponding standards and definitions of the Occupational i'afey and Health Administration, accarcmg to -.be nonce and were deemed to provide ai least the s..mc degree of health jnd safety pruiectmn to me individuals w*,ri.-.g m u-c metal and nonmvtal mining mausiries ' as mose vovered 3> ObllA m me general jr.d construction industries The nonce staled that the listed proposals w-tre designed primarily as performance standards, providing "certain definite requirements that delineate the responsibilities of the mine operator to protect mine werxers ' Tlic nonce continued The form and p.'mosc.niy of me listed proposal.' are different fruin that u<-d to dexetop UbllA standards. The listed proposals arc gent-rails s.bor: an-l concise sutemoms that arc readily urtaorstac.saUc by persons working tn the metal and nonmetal .Tuning ;n- tlusirics." . . The nonce of proposed rulemaking appears m m.e Full Text section of Hits Current Iteport. General Policy AOVISORY GROUP DISCUSSES ORAFT POLICY ON CARCINOGENS. NO RECOMMENDATIONS A draft proposal by the Occupational Safely and Health Administration fur classifying and regulanng workplace car cinogens was discussed January 77 by ihc sL'.ndards subcom mittee of the .National Advisory Committee bn Occupational Safety and Health, though no recommendations were made by ihc group. The proposal, announced by OSHA on January 2s. would create three categories for chemicals in regard to OSHA rulemaking (Current Report. January 27, p. 1107). Substances would be classified as confirmed carcinogens tresulting in the issuance of an emergency temporary stan dard followed within six months by a final standardi. suspected carcinogens, and substances for u-hich more scientific data would be needed for final classification. If put into effect, the proposal would resolve broad policy questions in advance of rulemaking on specific substances. Rulemaking on individual substances then would be limned to such issues as the lowest feasible exposure level and en vironmental impact issues Subcommittee chairman Miles Colwell, vice president (or health and environment. Aluminum Compay of America, es timated that the group would require at least iwo sessions for discussion of the draft proposal. He told the meeting that he was at a "disadvantage" as he had received a copy of the lengthy draft proposal only a short time before the session began. Subgroup member Nicholas Ashford. MIT Center for Policy Alternatives, commended OSHA for "such a vigorous attempt" at developing a new carcinogen policy. He added, however, that he was "disturbed" by aspects of the draft proposal. These included- An underemphasis on mutagenicity tesis as a criterion for categorizing substances under the sysiem. Failure to include similarity between chemicals as another criterion. The "danger" of mandating the issuance of a permanent standard in a certain period of time following the issuance of a temporary standard. Such a goal might not be achievable, and could place "a noose around OSHA'j neck." Jack Sheehan, legislative director, United Steelworkers of America. said he hoped that placing a substance within the third category would not give that substance a "nonsenous connotation." This could result in the matenal receiving "short shrift" in regard to rulemaking, though it might I-assess serious non-carcinogenic effects, he noted. Occweeitenel SofiT A r<*lth Reporter FOS-00-00000O177B 2570 CURRENT REPORT 1193 Thu guides "Kvaluaiing Vuur Firm Ihjjry and !"r.cjs Eu.-urnf-ve. ` are available m separate editions Lr trar.spur- .1 and public utilities, scmec industries construction it:.!:.-rid. wholesale anti retail trade industries, and ir.jr.f..during industries The booklets provide an explanativ>n of the calculation of incidence rates and the method far cc i:-p.i.-:son of Out rale with prevailing rates in the same m c j>: -v T: o v::\ r:o.trt v-CTf. of Safety Engineers assisted m the ir.ua: "M.li.ng of ;se -.-acuures which may be obtained upon re-'.:c>i fruiti'the fl.iruau uf Labor Statistics. Department of t..ip.>r tv.ijiiiit.-t.n ni' :u2to Publications NtCSH RESEARCH REPORT STUOIES RELATIONSHIPS Of HEAT STRESS INDICES ' Relationships Between Several Prominent Heat Stress Indices a :osv.irrh report which presents a correlation of five environmental systems for measuring heal stress, is available from the National Institute for Occupational Safe ty and Health Tne measurement systems were studied for in terrelationships m order to pros ide an accurate tool for com parisons and measurements of heat stress. The study concentrated on .correlating the Corrected Effective Temperature 'CETi.thc Effective Teniperature Corrected for Radiation itTCR), the Wet Bulb Globe Temperature tWUGTi. the Wet Globe Temperature t WGT). and the Belding-llatch Heat Stress Index iHSI). The five techniques had all been utilized by various researchers tn measuring heat stress effects, and N'tOSH developed the eamparison methods in order to define acceptable heat stress levels more accurately Further information on the document may be obtained from ihe National Institute for Occupational Safety and Health. Robert A. Taft Laboratories. 4676 Columbia Parkway. Cincinnati, Ohio 45336. Inquiries should reference NTOall publication number 77-109. Alaska OSHA APPROVES STANDARD SUPPLEMENT TO REFLECT CHANGES IN STATE PLAN The Occupational Safety and Health Administration January 11 issued notice of approval of a supplement to the Alaska state plan reflecting changes in the plan to corres pond with federal standard changes. The first change included typographical and numbering alterations and the state's response to federal standard changes for mechanical powered punch presses. The second change consisted of numbering and typographical correc tions to the stale's General Safety Code. The third and final change included alterations to the state standard*, for helicopters, industrial slings, and vehicle mounted elevating and rotating work platforms, as well as typographical and numerical clarification. A copy of the standards supplement and the approved state plan may be obtained tor inspection and copying during nor mal business hours at the following locations: e Office of the Regional Administrator, Occupational Safety and Health Administration. Room 6003. Federal Of fice Bldg.. 909 |jrsi Ave., Seattle, Wish. 96174. " - State of Alaska. Department of Labor, Office of the Commissioner. Juneau, Alaska 99801. Technical D^ta Center Cccu;a'..ara: Sa-'cty j.*a Hi. -.n A.lmmisliation N2-::o 300 CdnstiUtinn kie . N a Mashing tun U C 30310 Oitcnminetion DISCHARGED EMPLOYEE TO RECEIVE BACK PAV IN SETTLEMENT AGREEMENT An employee of Giant Refinery. Ine . Farmington, v .Vet. who w.i, aileunil-. discharged fnr curr.ru.ring aocu: un safe working eur.ditnjns. wiltreceivc backpay ur.uer a '.Ye meni acreerttv.-j reached by the Oceupai.c.-.ai L u-: Health .Admira.-trution and the employer The employee charged that he and other workers ere -s- qutred to wort, without personal protective equipment, .r an enclosed tank that contained a h:;h eor.ecmratibn of *t- plosive fumes, and that there had been an car:.er e\::cs :n leaving some I-beams hanging msiee. After re ;ra:es:ca :o the employer, he was discharged, the emaioyee claimed Under the settlement, the employ er agreed to payment of back pay (or the period the employee was without other in come. Reinstatement was not included because it haa not been requested The employer also agreed to post for 63 day s a nonce affirming the company t agreement to refrain (rom discrimination against workers (or exercising their rights under the Occupational Safety ana Health Act. Section ci of the Act prohibits such discrimination. Washington STATE STANOAROS APPROVES ^FOR ASBESTOS RECORDKEEPING The Occupational Safety and Health Administration an nounced approval of Washington state plan standards for asbestos recordkeeping and exposure records on February 1 in the Federal Register The standard was found to be identical to the federal stan dard 39 CFR 1910 1001ii)il). and was therefore approved. The standards supplement, along with the approved state ptan. may be obtained for inspection and copying during nor mal business huurs at the following locations: v OUice of the Regional Administrator. Occupational Safety and Health Administration. Room 6046 Federal Of fice Bldg.. 909 First Ave.. Seattle. Wash 96174 Department of Labor and Industries. General Ad ministration Bldg.. Olympia. Wash. S7504 Technical Data Center. Room NJiiPO. 200 Constitution Ave., N.W , Washington, D.C. 20310. South Carolina STATE REVISES PROCEDURES FOR ENFORCEMENT. CONTEST REVIEW The Occupational Safety and Health Administration an nounced approval of Suuth Carolina stale plan supplements regulating the enforcement of standards and the review of contested rases on February I. According to the approved supplements, an employer will receive a citation regardless of the employer's immediate abatement of the cited hazard. Employees may protest citations and proposed penalties under the supplements, and petitions for modification of abatement must include a stale- Cop?r<fht l 1977 by Tho of Nor.o*ol Affoett, Inc. FOS-aa-000000i779 2571 CURRENT REPORT from the complete lack of known engineering tv in major arras and sep.-nirux ->f t::c textile .i.,-. luring protrss. the institute said, more is no ja;:fn::.tinn. in the face 0/ strong nu-Jtcal Surveillance p.-'igr:.n:s and the use of work practices and personal protec tive i-<;:npmrnl. to require emplovcrs to expend vast sums tor research and technological iiitprovemenis in air cleaning vuu.rtnvni io bring dust levels muttn unnecessarily low ts " T!-.v Industrial Safety Equipment kssociauon expressed its objet'..on to the rri>:x><-d s exclusion of single-use dust revptraiors as protviuon against cotton dust T)ie croup call ed tl.v exclusion most unfortunate Since this type of re.-j.ir.itor is most suitable for respiratory protection of per>"hs exposed to cotton dust." The Council on V..,gc and Price Stability said it would like ip u;-?e.ir at the hearings and would lake a position that in* dusirx b>-industry standards may be less costly than un;:'e.-:n i:andards The National Knitwear Manufacturing Association. New Yurx City, reported that it has undertaken research, with preliminary results showing that dust levels can be ' substantially reduced to 0.2 mg. m2" in knitting operations by us.nj yams manufactured under ''controlled conditions. " The association Said tins "clean yarn" is not obtained w ithout extra cost but "our hope is to reduce the eventual impact on ;hc consumer to the lowest level possible while obwuuslv protecting employees." . .Asbestos MEDICAL REQUIREMENTS TO BE CHANGED: DIRECTIVE TO FIELD OFFICES FORTHCOMING The Oc-cupanonal Safety and Health Administration will chance its policy on medical examinations for workers ex posed to asbestos to require examinations only when ex posure exceeds 0.1 fibers greater than five microns in length pvr cubic centimeter of air. The change was announced in a January 19 letter from former Assistant Labor Secretary Morton Com to George w likening, director of the environmental health and safety department. Bell Laboratories. Corn explained that the new policy "derives support from a recent recommendation from the National Institute for Occupational Safety and Health 1.MOSH1 that the permissible exposure level for airborne asbestos be fixed at this level" (Current Report. December 23. p. 921). At present. OSHA requires medical examinations for workers exposed to any concentration of asbestos fibers. Ac cording to an OSHA source, a directive on the new policy is being prepared and mil be transmitted to the field shortly. Responding to a question from Wilkening as to the applicability of the asbestos standard when asbestos concen trations in an office building consistently are lower than levels found in the outside air. Corn affirmed that "initial measurements of office building employee exposures to aic'- borne asbestos are. we believe, required whenever' there is any reason to believe that airborne asbestos is present inside the building regardless of whether the levels present are lesa than those generally found in the normal outside en vironment." However. Com added, if an initial measurement shows the asbestos level to be lower than a level of two fibers per cubic centimeter of air, "then further sampling normally need not be performed unlit i|pre is reasonable cause to believe that Ihe airborne asbestos Cunrenirauor.x rcxcu.ed by :he im: jl .lu-d>urc!!:vnts halt- (.hanged " Lead NO SIGNIFICANT ENVIRONMENTAL IMPACT FROM PROPOSED RULE PREDICTED BY OSHA The Occupational Safety and Health Administration t proposed Ic.nJ si.ind.ird will have no significant uncart un communities near establishments wncre lead is used or produced, according to j draft environmental impact state ment bv OSHA on the proposal The peopused standard, is.-ucd by OSH \ an Oc'.Pbcr 3. I?ia. would reduce Use permissible exposure Imui for IcuC to lOO-nncTugramt per cubic mvicr of air A p-jplic hearing an the proposal is scheduled to begin March 15 'Current Hcfwrt. January 6. p )K2i. OSHA noted that methods used by employers to comply with the standard may include ventilation and wcts'vccni.ng. Potentially, these methods could increase the amount of lead released by the establishment into the outside air and water However, impending regulation ol lead as an air pollutant by the Environmental Protection Agency probably will pre vent industrial lead emissions from affecting the environ ment significantly, the draft impact statement said \ "positive impact" of the OSll.A standard "would be better housekeeping and clean-up of machine and floor areas w iitim the plants in order to minimize exposures to workers " Currently, the quantity of waste water discharged from secondary smelters is small, the draft impact statement continued. Wet-sweeping of floors and the use of water as a dust suppressant m certain operations "is not expected ' 10 "have any significant impact on the water quality surroun ding the affected industries." Much solid waste generated in smelting can be recycled back into the process, the draft statement empnasized. Collection of residue, impurities, and scrap in solid form, with subsequent disposal according to EPa guidelines, "should ensure that no adverse impacts on the environment will result." The cost of complying with the proposed standard probably would be passed on to the consumer by the primary smelting industry, resulting m an estimated increase of two cents per pound in the price of lead. OSHA said. The agency estimated that capital costs for compliance would add up to S40I million, or S9SI million at the highest. Annual total compliance costs would be approximately $253 million, or S486 million at the highest. Some IT to 19 independent smelters could be eliminated over the next 33 years by the proposal, the draft impact statement predicted. This would amount to about 15 percent of the secondary market. As with primary smelters, an in crease of two cents per pound m the price of lead would allow "the more efficient integrated producers" amor.g secondary smellers 10 pass additional compliance costa on to the consumer. A number of marginal battery plants also might be eliminated if the proposal went into effect, the statement added. A reduction of between 1.025 and 1.5 million batteries produced by domestic manufacturers might occur, reducing the demand for pig lead by 12.000 to 19.000 short tons. Small regional nonferrous foundries and pigment manufacturers will find the proposed standard "difficult to finance." OSHA said. Tor that matter, the estimated capital required tor lead industry compliance 1 between $470 million Ceer'iphi c 1977 by The ef Ne*eel Afleiri, Inc. FOS-00-0000001730 2572 1238 srd SI 2 Mll.oni "could Scexceedingly difficult to raueover Me nc'i li-.e-vear period " E.-.r-.-y ri'nsurr.piion would be increased by between 312 rr.iiion grid bSI million kilowatt hours. Uie statement .'.poried Thu would translate into 473.000 to 1.032.000 barrels ul oil. or between 1.300 and 2.100 barrels of oil per djv OSHA predicted no impact on M> land use plans, policies. or rom.-uis. .2' >ht-r: term u^cs of the environment. or (3) 'tir...rec and c:wi.i::rv:iu-nl oi long-term productivity Lead OSHA SCHEDULES MORE HEARINGS ON LEAD IN ST. LOUIS. SAN FRANCISCO Two 'gien.il hearings on the proposed standard for workplace exposure to lead were scheduled bv the Oc- c.injuonal Safely and Health Administration in addition to the hearing scheduled previously The fit >t hearing, scheduled lor Washington. D.C. on Ma.-cn :i `Current Report, Januarv 6. p. 9T2i will be folloxv- cd by urc in it. Louis. Mo . on April 2S. ant. one in San Fran- ci>eo on May 3. In order to allowas many persons as possible to testify at Me regional hearings, presentations generally will be ..itv.tcn to 1: minutes. OSHA stated i42 Fix 1202ji Because of the brief duration of the regional hearings. OSHA re- uuc:tt-'J interested persons who are ab'e to attend the Washington hearing to present their testimony in Washington. " OSH a" mil make its presentation and be available for questioning only ,u the beginning ol the hearing in Washington In addition, the expert witnesses who have been asked by OSHA to testify are scheduled to appear in Washington only am persons wishing to participate in either of the informal rcgiuna. hearings should Me a notice of intention to appear, postmarked on or before Apnl tl. with Clarence Page. OSH A Office of Committee Management. Docket No. H-004. Room N3633. Department of Labor. Third Si. and Con stitution Ave.. N.W.. Washington. D C. 20210; telephone. 12021 323-3021. Such notices must contain the following information: The nearing location at which the person wishes to testify -- cither Bel Air Hilton. 333 Washington Ave.. St. I.nuis. Mo. 63102; or Holiday Inn. Golden Gate Way. Van Ness Ave pt California SL. San Francisco. Calif. 94103; Thu name, address, and telephone number of each per son to appear; The organisation, if any. which the person represents; Tlie issues that will be addressed and a brief statement ol the person's views: and Complete copies of any studies, scientific or economic Oulu, or any other documentary materials which the person xv HI be presenting for the record or discussion at the hearing. All persons giving advance notice-as outlined above wm" have time reserved for oral presentations. Persons who have not submitted advance notices and who wish to testify will be allowed to give oral presentations if time permits. Priority, however, will be given to those persons who have submitted nonces of appearance. All written submissions will become part of the record of the proceeding and will be available lor inspection and copy ing ai the OSHA Office of Committee Management. Any person who affcady has filed a notice of intention to jppear. or who intends to (He a timely notice of intention to OCCUPATIONAL SAFETY & HEALTH REPORTER appear at any of the hearing locations may as' upropruie questions ol any ether participant at uny ol the nca.-m; locations In audition. any person who has filed a notice of intention to uppeur in Washington. Put now wishes to mane a oriel presentation at unc ol ute regional hear.ngs instead, mav do so by notifvmg Clarence Page at the OSIIA Ot.'iec of Com mittee Management as soon as possible. OSHA slated Appropriations MESA SEEKS SUPPLEMENTAL FUNOS FOR INSPECTORS". SALARIES. HEllCOPTcaS The Interior Department s Mining Enforcement and Safe ly Administration requested a S1.IOU.OUO supplemental ap propriation for fiscal 19" for increased inspectors salary cu>ts and lor the use of helicopters m surface operations .nspoclions. Robert E. Barrett. MESA administrator, submitted a statement to the Senate subcommittee on apprspriauons Ior the Interior Department wmch called lor '300.000 for salaries ol inspectors and $300,000 Ior helicopter use The statement reflected MESA s desire to recruit mine in spectors from first line supervisory personnel in the in dustry. The normal entry level within me inspection work force is a CS-9 rating which pays $14,000 annually. Accord ing to the request, the average supervisory starting salary in the mining industry is i 13.000 to $22,000 annually Recent Civil Service Commission action enables MESA to offer skirt ing salaries ol $17,000. a more effective position for com petition with industry. Helicootert The appropriations request also included $300,000 for the use ol helicopters in surface mine inspections. The ad ministrator s statement indicated that MESA s msdeettett program is behind schedule due to the inability to schedule surface mine inspections effectively. By leasing helicopters in the eastern coal areas, the administration seeks to con duct inspections efficiently and to make additional inspec tions. The request maintains that greater efficiency and ad ditional inspections justify the increase in costs. Public Emoleyees AFL-CIO REPORT SUGGESTS CHANGING STATE PLAN RULES The AFL-CIO Public Employee Department suggested in a report entitled "Occupational Safety and Health: "A Promise Unfulfilled for Public Employees'" that Die Oc cupational Safety and Health Act be amended "to prohibit impicmenuiion of state plans which do not meet federal safety standards and enforcement practices applied to private industry." The report declared that "public employees are being denied the forceful protections of the Act which are provided workers in private industry." It notes that 23 states receive ledcral funds for state plans that include protection (or public employees and that several states have developed public sector safety and health regulations on their own in itiative. But OSHA. according to the AFL-CIO report, "permits state plans to operate (or three years without containing the specific guidelines in the federal law." Qccvetionl $fiy A Hlih 3 2573 3 CURRENT REPORT 1257 rat.. and hamsters in the .Maliom studv were expos ed :> various levels o' vir.vlid.nc chlorate through ir.halaiioi bvg.hmng with 10 parti per million parts oI air tor a? to or.c car. according to Hammond Kidney cancer developed in some of the mice at an exposure Icvci of 2a ppm bat did not appear m rats and hamsters, Hammond reported At lusher doses the mice died before getting cancer M..i;eni also expc'cvl mice for two years without ill effects u :0 ppm .! visvUdtnc chloride, which Perry Gchring of Dow said is more than the exposure level received by Dow err.rlu'ees working wtth the chemical now "If pc-pie were exposed tn kidney damage, it would have came out bv now it s obviously r.ot carcinogenic." Cchring. director of tcxicoi- gy research at Dow. said He explained that 125 employees. some of them with histones of exposure dating back to and levels up to 75 ppm of vmylidir.e chloride were studied and `the te'Sts have been negative, no health problems." Cchring emphasized that in Maltomi study no caneer appeared m the rats and hamsters, which, he said, agreed with results of a nearly finished Dow study that exposed rats to levels ef 25 ppm and 75 ppm of vmylidine chloride with no pathological or carcinogenic damage " \\ key factor is that the effect was seen only in mice. " Gohr- mg said although the Dour study docs not include exposure to mice. Gcltrmj said the company probably would wish to investigate the metabolism of vinyUdint chloride m mice. \sked about the possibility of vmylidine chloride leaching m-.o food from plastic wrap. Gehrir.g said testing, accurate to one-to-five parts per billion, showed a complete absence of the chemical m food packaged in plastic containing vir.ylidmc chloride. 'There is absolutely no hazard to the consumer." lie said. Rtcommtndtd Actions Selikoff. who is director of the Environmental Science Laboratory at Mt. Sinai, said the industry should take note of Maltom s findings and look for ways to reduce contjct by workers and consumers with the chemical. "I am strongly ernvi.necd that this will pruve possible." Selikoff said. To protect the worker he suggested the possibility of using closed systems in production and a ted past success with vinyl chloride. As for the use of plastic wrap containing vmyUdine chloride and the consumption of plastic-wrapped food, "the problem here lies with the residual monomer and whether it ic-jches into the food." Selikoff said. "Our experience with vinyl chloride is that this problem, too, can be solved." he added. Lawrence CarfinkeL assistant vice president of the \mcrican Cancer Society in \ew York, suggested that "the next step is to get the government representatives to follow through." Representatives who attended the medical con ference wtth Mallow. Hammond, Selikoff. and others includ ed officials from the National Institute for Occupational Safety and Health and the Occupational Safety and Health Administration. ... Roscoe M. Moore, technical evaluation chief. NldSH. slid a full-scale epidemiological study to detect any excess mor tality among workers at a polymerization plant which at one time produced vmylidine chloride will be launched by NIOSH in about three months. . The study at the BASF Wyandotte Corporation facility in South Kearny, N.J., was requested after preliminary in vestigations showed some liver changes in employees who worked wtth vinyliiftie chloride. - The Maltoni research was sponsored by BASF. AG of West Germany, Dow Chemical Corporation s Europe division, l.rpenil Chemical l.-.l-.;rics of Creal Br-:j;n. Su.viv cl fit j.'i.n. a.ni the it.".....n Government. Diving Operations AflTHUR YOUNG ARGUES PROPOSAL WIU NOT AFFECT ENERGY SUPPLY The l imed St.iivs c-ergy supply -v.fI sot oe s;g" .r:cah:.'v allvC'.evJ hv any price increases m csmincmai jumg bv Ihe Occupational Safely and He...:.': s proposed Standard for Hut industry, secure.c; ; i-.c post hearing comments of Arthur Young and Cc.if.sanv Arthur Young and Company filed its comments-tsncr.se to criticism uf the milatiun impact assessment e. ;r;s..rid lt.r Obi IA on that agency s proposed sta'dard (or i-.mmcr- rial diving operations .Current Report. Fcbrj:..-> ;7 p i::oi. Info Works, a Louisiana consulting firm hires by '.he Association of Diving Contractors, said daring Obll.a s public hearing on the proposal in New Orleans. La . that prtee increases caused by the proposed standard s re quirements would affect the L S energy supply Commer cial divers are employed m the exploration and exploitation of off-shore energy supplies. Arthur Young stated that the demand for commercial diving is relatively inelastic, particularly m the energy supply sector ' The company argued that '.he user industries would not diminish thuir use of thu services as the price in creased." Undwair Wtidmg Chicago Bridge and Iron Company. Houston. Tex . declared "a strong objection" to any prohibition of AC un derwater vretding. The proposed standards do not include such a prohibition, but. according to this company, "interested parties are now proposing to prohibit AC welding underwater." Miller Electric Manufacturing Company. Appleton. Mass., also argued against prohibiting AC welding underwater The company s vice president wrote that "to infer that DC is safe and AC is lethal is a gross oversimplification. ' The company manufactures equipment used in AC underwater welding Shallow Waiar Diving Several companies submitted comments similar to the statement of Northwest Divers Supply. Inc.. Coos Bay. Ore., which said. "A* admitted by OSHA. compliance with the proposed safety standard will force some shallow water div ing companies out of business. Because of this we are asking that shallow water diving companies with less than 10 futlor pan time shallow water tless than 120 feel depth and 30 minutes ascent umei divers be excluded from the safety standard." OSHA has said that it expects to issue the final standard around mivl-year 1977. The period for submitting post-hear ing comments closed February 25. A^etsios FIBERS MAY BE RELEASEO IN PROCESS OF EXFOLIATION OF VERMICULITE ORE Inspections of exfoliation processing of vcrmiculitc ore will include evaluating worker exposure to asbestos, the Oc cupational Safety and Health Administration said alter receiving data on asbestos content in (lie ore. Csavehr t 1977 Sr Th# B. vsv ( Ni,*l Alf,*t. In*. fT2S-00" 1^82 2574 1250 OCCUPATIONAL SAFETY & HEALTH REPORTER Kx.'ol.-i'.i'.n is a jrvvvfs which juSjocis vcrr.iculi'.c. * Unions mu j. u> vtri.ng heat in order 10 separate u iniu thin sheets, whiih is .i must u>c(ui form (or insulation other AFL CIO URGES PRESlOENT CARTER pr.tljl.ts In i nv-murnndom to regional administrator: and ores director* February 10. OSHA reported receiving a siudy that soul jsIa-sius fibers hod been found in vcrmiculttc ore. On February I. IS". ' the memorandum begin. "OSIIA reeved the enclose i report uucti indicates :c..v. .'be-xtos filers haie been ik'tv.'.ed m simples of vermuuliie ore When wrmiculitc is subjected to strong he.it in industrial pieie*>n:g. it exfi.i.-lcs or se|urptes into thin sheets It is suspected Hut .isbexius fibers in.iv be releas'd by this pros rsS and Sc present in n fine dust mill the fin*! prmlucl " The rr.siructions tomiRuetl " illhnugh the enclned study il'K*s not indic.ite the decree uf hazard since fiber counts w. *r not performed, the potential fur employee C'posure to .vhcsi.ts (..r. he inferred Therefore. future inspections of ex(<>li.iti.>n processing nl vcrmirulilc ore shall ncludc bn ev.iliiatihn of employee exposure lu asbestos fibers ' The report was based oo preliminary findings by in- vcsiigator A. Kohl, with support from [lie llcaltf. llescarch Council, nohl found after sampling ore from an unidentified major C S vvrmieulite source ' the presence of trcmolite >r.d thrys.iitlc asbestos, although the amounts of die fiber ui-re not yet measured. The report >aid exfoliation to create the lighp.v>cht exp..n.lvd fon-.t of vermiculr.t* could release the asbviioS fibers m past sa ::,at "potentially hazaraaus concentrations of .i>i>i-mos may be contained in the dust produced by the essen tial stage of expansion ' In addition to insulation, vermiculile is found in concrete, plaxier. and cement aggregates, soil conditioning: fertilizer l amer, and litter More than 300U00 tons were produced in t y71. the report noted, and the output has increased at the rale of i percent each year. The report recommended examining vermiculile con sumer products as well as monilurtng workplace conditions. It proposed that potting soils and Inter, in particular, be ex amined for asbestos since the products "can be expected to release respirable dust during use." The methods for analysis of asbestos, according to the report, .re X-rav diffraction in the step-scanning mode and electron microscopy. As part of analysts, the report propos ed freeing ehrvsotile and other asbestos fibers from the structural lasers of the vermiculile through the use of ul trasonic energy. One recommended method was a sonificr ceil disrupter. TO RESCINO INFLATIONARY IMPACT OROER Tlie AFL-CIO Executive Council urged President C.rter to rescind Executive Order ll(2t requiring in flationary impact statements fur all proposed regulations. In a separate statement on occupational s;fe:\ and heakh issued at die end of its winter meeting in ail Maraour rla . the council ejlled renewal (t:-.* Executive G.-aer ax former President Gerald Ford a secretive, e-lcventMiaur .ttcrpi to repay his business supporters in the election jno added the statements place "j cellar value on the lives of wor-ers and have blocked development uf occupational nea.ts stan dards." The text of ihe council's statement follows: "Tlie trade union movement fought long and pjrd for passage of a strong occupational safety and health .a to stop the suffering and death in America s workplaces, "c will not permit dcstmctiun of the Occupational Saftty and Health Act by right-wing zealots and employers who place prufits ahead of human lives. "We find repugnant (he contention that an employer has a constitutional right tu kill or maim workers Placing proper ly rights ahead of human rights is contrary to the spirit of America. ' "Since this enactment m 19*0. the Occupational Safety and Health Act has been the target of some :n Congress who seek to curry pulitieal favor with reactionary' business and right-wing groups. These political opportunists have repeatedly tried to emasculate or destroy OSHA through dis tortion. propaganda and lies. "The failure of (he past iwo administrations to properly administer and enforce the law has added fuel to the fire Inadequate budgets, short staffing. (Disordered priorities, sloppy procedures, poorly drafted regulations, unnecessary delays and attempts to politicize OSHA bave undermined the law s effectiveness. "There has been no more persistent and consistent critic of the administration and enforcement of OSHA than the labor movement. Our aim. however, is to make a good law work through proper administration. "We are encouraged by President Carter's many statements of support for this law, and commend his recommendations that OSHA regulations be drafted in clear, understandable language. Nothingts more essential to public support of this law than understanding of what it is designed to do. "We urge President Carter to rescind Executive Order 11821. renewed by former President Ford in a secretive, Cotton Dust eleventh-hour attempt to repay his business supporters in the election. This order, which requires so-called TYPOGRAPHICAL ERRORS CORRECTED IN COTTON OUST PROPOSEO RULE Corrections of typographical mistakes in the December 28 nonce of proposed rulemaking on cotton Bust exposure were published by the Occupational Safety and Health Administration. inflationary impact' statements on OSHA standards, places a dollar value on ihe lives of workers and has blocked development of occupational health standards. "We also urge him to require the Secretary of Labor to en'force the occupational safety and health guidelines in Section 19 of the law for all federal government agencies. The government can and must set the example for private A list of 14 typographical corrections to the earlier notice employers in the area of job safety and health. appeared in the Federal Register February 25 (42 FR "The labor movement wilt continue its efforts in Congress 11023), but there was no change in the date (March 4) for for adequate funding and staffing (or OSHA and the Toxic submitting comments on the proposal or notification of in Substances Control Act of 19*8. which is administered by the tention to appear at the public hearings, still scheduled for Environmental Protection Agency and will provide ad Apnl S. ' ' . . ditional safeguards for workers exposed to toxic chemicals. The Full Text of the proposed standard and notice of hear "And we serve notice: The labor movement shall not rest ing appeared in the OSHfWanuary 8, Current Report, on p. until every American worker enjoys a safe and healthful 1003. , 'workplace." OccvMkt'iil Sefafy A Hulik R*r* PQ2--00--000017S3 2575 c:-:z;.:.il;AT*jA,.s'co., i,\c. P. 7. VANDc^SiLT CCVPAMY, INC. 30 wt<f:tL3 5Y*T riCSv.Ac^. CSs'.?.C.T ^*55 ** *--*> 7 "j/<' April 1, 1977 3 * c. > o o nc -'ai *' *J0 5 Cjr Tel: Customers Gan rlcmen: Th* Allowing publicity release Has been sent fa all industry trade journals: CSHA SAYS INSUFFICIENT EVIDENCE C? AS3E3TCS IN R.T. VANDE'.3ILT TALC, DISMISSES CASS. ATLANTA, March 25.-- The Department ot" Leber Has dismissed a citation brought by CSHA cecinst a customer of the R. T. Vanderbilt Compeny, Inc., of Norwalk, Connscticur, in which it wes allcgad that foie supplied by Vanderbilt confctncd csbestos. According to the request for dismissal prepared by OSHA, the Solicitor of Lobor, Ccrin Ann Clouts concluded that the cherge leaked sufficient evidence to support the circticn. The Vanderbilt customer, a tile manufacturer in Florida, wes cited last August for violation of the CSHA Asbestos Stcndcrd despite the fact that the talc used in his tile farmuiction was certified by Vcnderbilt as being free of csbestos. The manufacturer contested the citation. As the cose progressed toward trial, it wes disclosed that personnel in OSHA's Salt leke City laboratory hed, without the benefit of preliminary identification test, made the cssumption thef the `.'anderbilf talc contained tremolite csbestos. Subsequent government laboratory studies revealed OSHA had insufficient evidence to prove an asbestos violation. Upon review of thcco fact:? the attorney for the Department cf Labor recommended dismissal of the citation. FOS-00-0000001704 2576 The c'isnisscl merged (he second time in o ro/ that CSHA he: withdrewn cn asbestos cUcccticn involving Vcr.dcrbilf tele. In cn ecrlier case in which OSHA cited a Vcndcrbilt customer, (he government cythsrity drepped oil chcrges (ha? the talc contained asbestos and agreed to a settlement citing the manufacturer for violcticn of a dust stendard. Commenting on the most recent dismissal of (he citation, Vanderbilt preside.nr, Hugh 5. Vc-ce" scia, "This is cn imoor*cnt decision. It directly effects the muitimillion-dollcr ce'cmic end paint industries end thousands of employees. V/e are, of course, very pleased with this `urn of everts. '' -2- 2577 2578 COUFIOEMTIAL T.R. ternardl F.S. E11 ton A.F. kar C.R. Uynham J. Horgan S. C. Yoon D.C. Woodbury Hay 17. 137C - PropnscJ CShA Standard Chen the new proposed standard for occupational exposure to asbestos was ouollsheJ by CSHA, I asked Thames A. liozlch to conduct a confidential inquiry into Its Impact upon Wollaston!te. As you know, the proposed standard revision broadens the category of asbestos from the generic mineral to all naturally occurlng fibers with certain characterIstlcs. Attached you will find an updated stannary of this continuing confidential Inquiry. You will note that hr. bozlch believes Uollastonlte's viability as a raw material continues. O.b'/b Attach. cc: R.C. Phoenix A. Honey O.L. Adams D.E. Oryont V.J. Vondemark FOS-00-0000001707 2579