Document 9gD0brKgbL07XOoxgwwbLRLR

JOSEPH E. KELLER JEROME H. HECKMAN CHARLES M. MEEHAN WILLIAM H. BORGHESANI, JR. ROBERT R. TIERNAN wayne v. black DAVID L. HILL MARTIN W. BERCOVICI JOHN S. ELDRED CAROLE C-HARRIS MICHAEL P MORRONE LARKY S. SOLOMON JOHN B. DUBECK CHRISTINE A. MEAGHER PETER L. DE la CRUZ * SHIRLEY S. FUJIMOTO LAWRENCE P. HAXRRIN DEBORAH SHUR THINKER C. DOUGLAS JARRETT EDWARD L. KORWEK ROBERT L. FLESHNER** * OHIO BAH ONLY ** VA. BAH ONLY LAW OFFICES Keller and Heckman USO IT"* STREET, N. W, SUITE lOOO WASHINGTON, D. C. 30036 January 9, 1981 ]/C telephone 302-4.37-1100 cable address "kelman" WRITER'S DIRECT DIAL NUMBER (202) 457-1116 received JAN 12 19M K. )j(. uuadrie lECEIVEr ' JAN 1 - 'Q81 < i. w. Launarie To: The SPI-PVC Safety Group Re: Oregon Occupational Safety and Health Standard for Vinyl Chloride Ladies and Gentlemen: In April, 1980, the state of Oregon approved.an occu pational safety and health standard for vinyl chloride so that the State standard would be "as effective" as the federal Occupational Safety and Health Administration ("OSHA") stan dard. Subsequently, OSHA recognized the Oregon State stan dard as part of the approved State Plan. In the Federal Register notice publicizing its approval of the Or.egon stan- dard, OSHA incorrectly stated that the Oregon standard applied to the 1Yv inyl~chTSrT^TT while the Federal standard does not provide tnis coverage. 45 Fed. Reg. 81132 (Dec. 9, 1980). Apparently relying on the Federal Register notice, the Occupational Safety and Health Reporter published by the Bureau of National Affairs ("BNA") also incorrectly reported that the Oregon standard applied to fabricated products. In fact, as explained below, the Oregon standard does_ not apply to fabricated products. pp^VltEG^0 CONFainDdHNT'At GENC017100 January 9/ 1981 Page Two Keixer ajstd Heckman The Oregon standard applies where vinyl chloride may be relased into the air during the manufacture or use of vinyl chloride or polyvinyl chloride. Polyvinyl chloride is defined as polyvinyl chloride homopolymer or copolymer "before conversion to a fabricated product." Thus, because the definition of polyvinyl chloride excludes fabricated products, the Oregon standard does not apply to fabricated products made from polyvinyl chloride. I confirmed this reading with the Oregon occupational safety and health administrators. OSHA's Federal Register notice was prepared by Region X in Seattle, Washington. After I explained the definitional sections, the author admitted that the Federal Register notice was incorrect. Because the requirements of this standard have been misreported, I am enclosing a copy of the standard for your use should you receive inquiries from downstream processors. The applicable portions can be found under sections 131004 (4) and 131-005 (7) . The Oregon standard does differ from the federal standard in one particular. Both standards require medical surveillance of employees exposed to vinyl chloride in excess of the action level, which is 0.5ppm averaged over an 8-hour work day. Under the federal standard, when the required tests show abnormalities, the tests are required to be re peated as soon as practicable and if the tests remain abnor mal consideration should be given to withdrawal of the employee from contact with vinyl chloride pending a more comprehensive examination. In contrast, under the Oregon standard if the second set of tests remain abnormal the employee must be removed from contact with vinyl chloride while a more compre hensive examination is made. It does not appear that this difference between the federal and Oregon standards is of significant consequence. If you have any further comments, or if I can be of any further assistance, please feel free to contact me. Cordially yours, GENC017101 cc: Thomas J. McGrath (w/o end.) John R. Lawrence