Document 7OoZeje6BY8VnwERbp7wVRNbE

- "VTr m* OSH 11-1 Chemical Manufacturers Association Minutes of Meeting OCCUPATIONAL SAFETY AND HEALTH COMMITTEE Headquarters Washington, D.C. Host International Hotel Houston, Texas January 9, 1980 MEMBERS PRESENT O'Connell, Chairman r!b. Hoots, Jr., vice Chairman Linda M. Casey Emil E. Christofano r.M. ciyne Carl De Martino H.A. Eschenbach T.F. Evans D.W. Hillman B.j. Holder H.L. Kusnetz W. Mayo Smith Frank A. Ubel jay A. Young, Acting Secretary Olin Corporation ICI Americas, Inc. Ashland Oil Inc. Hercules Incorporated American Cyanamid Company E.I. du Pont de Nemours & Co. W.R. Grace & Company Monsanto Company Diamond Shamrock Corporation Dow Chemical, U.S.A. Shell Oil Company Air Products & Chemicals Inc. Minnesota Mining & Manufacturing Company CMA Staff present by invitation Patrick C. Joyce H. Christopher Nolde CMA Staff CMA Staff 1.0 WELCOME Mr. A.D. Cyphers, Jr., DuPont, Chairman of the Texas Chemical Council Occupational Safety Committee and Mr. J.L. Rivard, Shell Oil, Vice-Chairman of that Committee jointly welcomed the participants til Houston, pointing out that the chemical industry can be considered?2 to be the-largest single industry in Texas. They described recent activities of the Texas Chemical Council's Occupational Safety Committee as a vital force in this part of th Texas industry. t 2.0 MINUTES OT LAST. MEETING The minutes of the previous meeting, November 14, 1979, were approved. CMA 042682 OSH-11-3 privileged material JIM HU! In a related matter, E.E. Christofano, Hercules, re porting for the Intercommittee Task Group on Hazards Communica tions described Mr. Roland's letter of December 10 to Stuart E. Eizenstat, Assistant to the President for Domestic Affairs and Policy. The letter stated that the degree of undue urgency assumed by OSHA and the Environmental Protection Agency (EPA) in the preparation of proposed labeling regulations should be re viewed; the letter offered the services of CMA in such a review. 5.0 OCCUPATIONAL ILLNESS AND INJURY GUIDELINES Dr. R. Y. LeVine, Olin, reported for the task group: Every since CMA adopted the OSHA record keeping system for its statistical survey the task group has received requests to separate illness statistics from injury statistics. (Although this is not difficult in principle, it would require major changes in recording procedures for most companies.) Member companies were recently asked to break their total recordables into injury and illness; 80 companies responded. Analysis showed that 4.5% of all recordable injuries were occupational illnesses. This is to be compared with 3.9% for 1977, and 3.3% for 1978 for all manu facturing as reported by the Bureau of Labor Statistics. Further analysis, however, shows that the total recordables incident rate for member companies reporting to CMA is 3.7% and the corresponding* of Bureau of Labor Statistics rate for all manufacturing is 13.2%. When these occupational illness figures are reduced to incidence rates, the CMA-occupational illness rate for 1978 is 0.17% and the Bureau of Labor Statistics for all manufacturing is 0.44%. Ini,,evaluating these reduced figures, note that OSHA considers onet-time* chemical burns and one-time inhalations of toxic or irritant chemicals, to be traumatic injuries, not illnesses. Probably, in the chemical industry gas inhalations and chemical burns account for more recordable injury and lost workday cases- than all other occupational illnesses. The Bureau of Labor Statistics re ports that 6% of all fatalities in the manufacturing sector result from gas inhalation; chemical plant fatalities are included in that percentage. Many people have informally expressed concern that the OSHA record keeping system is not adequate for keepings track of CMA 042684 chemically-related illness and injuries, but if adequate records* are desired, additional record keeping requirements beyond thos now imposed will be necessary. Discussion of the current draft of the Occupational Illness and Injury Guidelines indicated that further review is ,, necessary. Reviewers were asked to send their comments to Dr. R.Y. Levine or to J.A. Young, CMA, at their early convenienc 6.0 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION STANDARDS D.W. Hillman, Diamond Shamrock, reported for A, Kover, Diamond shamrock, in his absence. The task group submitted a reponse on December 17 opposing the OSHA proposal to reduce re porting time for fatalities and multiple hospitalization accident from 48 hours to 8 hours from the time of the accident. The task group did not submit a response on the advance notice of proposed rulemaking on confined spaces since informatio was submitted on this matter in 1975 to OSHA and in 1978 to the-1 National Institute for Occupational Safety and Health (NIOSH). Comments were not submitted on the proposed OSHA standard Subpart F - Electrical. This is the same standard adopted in October as National Fire Protection Association (NFPA) 70E which was supported by the CMA Electrical Committee at the meeting last October. CMA is working with other interested group such as National Association of Manufacturers, Organization Resources Counselors Inc., National Agricultural Chemicals Association and the American Petroleum Institute on a respons to the proposed revision of Subpart H - Hazardous Materials, Part 191 An advanced notice of proposed rulemaking on lockout/ tagout is expected within a few months. The task group has sub- ' mitted information to OSHA on this matter taken from the CMA safety guide on the- same subject. 7.0 EPIDEMIOLOGY D.W-. Hillman, Diamond Shamrock, and M. Miller, IMC, reported^ '" r The <jraft has already been approved by the Committe * the title1 will be changed to prevent confusion witlr a similarly titled document to be published by the Interagency RegulatoryLiaison Group (IRLG)t other nonsubstantive editorial changes will be made before publication. An updated version of the CMA publication, "A Bri f Overview of Occupational Epidemiology", written by W".R. Gaffey, Monsanto, is being reviewed. It will be published upon the con clusion of the review. CMA 042685 osir-ii-5 ,,n S u IARC REQUEST WOOD AND LEATHER 1 "" __ ' R.L.^O'Connell, Olin, reported that we have been vited to participate as observers with the IARC working group Jo evaluate carcinogenic risks in the wood and leather industries. 5he American Paper Institute is also interested in participating. O'Connell will make informal inquiries to open a space for participation by the American Paper Institute. 9 0 MEDICAL RECORDS 9.1 OSHA PROPOSAL FOR ACCESS TO MEDICAL RECORDS In the absence of J.S. Snyder, Merck, Jay Young reported that the proposal had not yet been published; no action is recommended at this time. 9.2 H.R. 5935 - MEDICAL RECORDS PRIVACY BILL H.C. Nolde, CMA, reported that Congressman Preyer's bill was put on the Committee agency for the purpose of determining whether CMA should favor the bill as possible support for our position on OSHA's proposal regarding access to employees medical and exposure records. The bill is designed to protect the privacy^ of medical records kept by medical care facilities. It would guarante patients1 rights to inspect and copy their medicaL records under certain conditions, and would restrict disclosure with and without patients' permission. The bill applies to hospitals, nursing homes, and medical care facilities certified for Medicaid or funded by the federal government; corporate medical departments do not appear to be subject to its requirements.. The bill probably offers only scant support for our position on medical records access because it permits release of medical records without patient permission in various situations. Especially Section 124, for example, permits disclosure, without patient authorization, for use in a health research project as w 11 as to a public, health authority (under certain conditions)r Section 129 permits disclosure to the patient's legal representa tive . , Afterdiscussion of these and related issues, it was concluded that CMA not take a position in support of the Preyer bill, H.R. 5W5.. 9.3 S, 21S3- ~ OSHA REFORM BILL Mr. Nolde reported that the draft bill circulated at the last Committee meeting was introduced, with some changes, by Senator Schweiker and bipartisan co-sponsors (Williams, Church, Cranston, Nelson and Hatch) on December 19. S. 2153 would exempt from routine safety inspections workplaces with good safety records, based on the number of reported workday injuries. Before OSHA could inspect on an employee complaint, it would be required to notify the employer to provid opportunity to furnish satis CMA 042686 OSH-11-6 factory assurances that appropriate corrective action had been taken. The purpose of the bill is to target OSHA enforcement toward hazardous workplaces, and provide the Agency with consul tative tools to supplement its enforcement role. Mr. Nolde described some of the changes between the advance draft and S. 2153 as introduced, including the formula by which a company would qualify for exemption from safety in spections (no occupationally related deaths and no more than about 2 to 3 lost workday injuries per 100 full time employees), the amount of penalty reductions, the outside consultation program, and the imminent danger exclusion. Discussion centered on the computation of occupational injuries resulting in one or more lost workdays, the fact that health inspections are not affected by the Schweiker bill, the effect of targeting OSHA's resources away from routine safety inspections and toward health and serious safety hazards, and the advisory safety committee/penalty reduction that is an optional feature of the bill. Mr. Nolde indicated that the Senate Labor Committee is expected to hold hearings on S. 2153 in February/March, and with Chairman Williams and other liberal Democrats co-sponsoring the bill, there is a good chance for approval by the Committee and possible passage by the Senate this year. The House is a different situation entirely, with the relevant Subcommittee very much beholden to organized labor which strenuously opposes the bill. Nevertheless, hearings on OSHA reform are expected in the House. The Chamber of Comm rce and NAM are supporting the general principles of the Schweiker bill, with the caveat that it does not go far enough to satisfy industry. 9.4 WORKERS'* COMPENSATION Mr. Nolde described the recently completed Depart ment of Labor draft interim report on occupational disease compen sation* - rife founds inter alia, that nearly 2 million workers are disabled by occupationally related diseases, and only 5% of the severely disabled ever receive workers' compensation benefits due in part'`to difficulties in establishing the causal relationship. The report's findings and recommendations for improving the exist ing compensation system will be prominently featured in contin uing hearings on workers* compensation/occupational diseas legis lation this spring: S. 420 (Williams/Javits} and- H.R. 5482 (Beard). (A synopsis and the draft report itself has been mailed to OSH Committee members.) CMA 042687 OSH-11-7 10>0 SYMPOSIUM ~ SPRING 1981 WITH NIOSH IN PHILADELPHIA A joint meeting with NIOSH representatives was held on December 5 in Cincinnati; the next meeting is scheduled for January 17 at the same location, J.A. Young, reported. Seven symposium topics have been identified. These are; materials sampling, material transfer/handling operation, maintenance, repair and/or cleaning operations, equipment operations, training and work practices, monitoring and record keeping, recent advances. Each session will last for about one and one-half hours and consist of two or three talks followed by a panel discussion in which the speakers respond to questions from the audience. On the first day of the conference, four topics will be presented and on the following day and early afternoon the other three topics will be presented. Additional details will be provided as they become available. 11.0 BUDGET Dr. O'Connell described the proposed OSH Committee budget for the next CMA fiscal year indicating that it will include costs for open meetings and for projects not yet fully identified. Dr. O'Connell asked for suggestions for possible projects. The budget will also include a contingency fund for projects to be identified later. 12.0 SAFETY GUIDES Jay A. Young reported for J.S. Snyder, Merck. Twelve of the 22 safety guides are currently out-of-print. Of these the task group recommends that three, SG-3, "Flammable Liquids-Storage and Handling of Drum Lots and Smaller Quantities*, SG-5, "Plastic Foams--Storage, Handling, and Fabrication*, and SG-20, "Safety Inspection Committee for A Small Plant", be revised. SG-2, "Housekeeping in the Chemical Industry", should be consid red for publication in a multi-media format as best suited for this subject matter. Three safety guides should be revised if further regulatory agency developments do not fill the need. These ar SG-9, "Disposal of Hazardous Waste", SG-10, "Entering Tanks and Other Enclosed Spaces", and SG-18, "Identification of Material". There is no need for five safety guides; they shquld be allowed to remain out-of-print. These are SG-6, "Forklift Operations", SG-7, "Guide for Storage and Handling of Shock and Impact-Sensitive Materials", SG-11, "Off-the-Job Safety", SG-12, "Public Relations in Emergencies", and SG-19, "Electrical Equipment in Hazardous Areas". An outline for a new safety guide tentatively titled "Training the Trainer" will be prepared and evaluated by the task group. CMA 042688 ^* On Motion duly made and seconded, the Committee concurred with the recommendations ofil the task group. 13.0 CHEMICAL ABSTRACTS SERVICE SAFETY DATA SHEET PROPOSAL Ron Dunne, Chemical Abstracts Services, described in detail the proposed clearinghouse for material safety data sheets to be operated by the Chemical Abstracts Services. He asked the Committee to review this proposed approach to distribution of safety and health information. This will be an agenda item for consideration at the next meeting of this Committee. 14.0 APPOINTMENT OF REPRESENTATIVE TO NFPA TECHNICAL COMMITTEE ON FIRE PREVENTION CODE The representative of this Committee to the NFPA Technical Committee on Fire Prevention, P.W. Simmons, Dow, is no longer able to serve in this capacity. Dr. O'Connell asked for recommendations for a replacement in order to make an appoint ment. ,* 15.0 MEMBERSHIP T.F. Evans, Monsanto, was introduced, as a new Committee member, replacing W.J. McCarville, Monsanto for the remainder of his term. 16.0 NEXT MEETING After discussion, the next meeting was set for March 13, 1980 at the CMA office. Room 404, Washington, DC. JAY self *--Minutes Subject to Approval --------February i, 1480----------- Jatf a. Young for Milton Freifeld Staff Executive Occupational Safety & H alth Committee CMA 042689