Document BRe8Lm8gK7bYZ956jZDnv0M98

* 1**6 (Title IV, Federal Coal Mine Health and. Safety Act of 1909, 83 Stat. 742 (30 UJS.C. 901 et eeq.), as amended by Pub. L. 92-303, 80 Stat. 160; (5 TTJJ.C. 301); Secretary of Labor's Order 13--71; 38 FR 8766.) Effective date. The new paragraph <d) which is added to 20 CFR 725.516 is ef OCCUPATIONAL SAFETY & HEALTH REPORTER fective April 1, 1974 and Is applicable to all claims filed under Part C pfTitle Iff of the Federal Coal Mine Hfealth and Safety Act of 1969, as amended, on or after January 1,1974. Signed at 'Washington, D.C. this 22d day of March, 1974. Bernard E. DbLury, Assistant Secretary for Employment Standard*. (FR Doc.74-7388 Filed 3-29-74:8:45 am] [39 FR 11875, April 1, 1974] M\ OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION EMERGENCY TEMPORARY STANDARD FOR EXPOSURE TO VINYL CHLORIDE Title 29--Labor 1APTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DE PARTMENT OF LABOR centrations as low as 250 ppm. No tumors have been observed in the grcftip of ani mals exposed to VC at a concentration of 50 ppm. It Also appears so far that the total number of tumors, as well as of 50 ppm. In addition, Torkelson, Oyen, and Rowe found that exposure to con centrations of 50 ppm of VC failed to In duce tumors in rats, hamsters, rabbits, and dogs. Accordingly, there is insuf PART 1910--OCCUPATIONAL SAFETY the numbers of angiosarcomas of the ficient evidence at this time to conclude AND HEALTH STANDARDS liver, decrease as the concentrations of that VC at concentrations of 50 ppm or Emergency Temporary Exoosure to Vinyl < VC are reduced to 250 ppm. Finally, below poses a grave danger to humans. another experiment by Profpssor Mal (d) The emergency temporary stand 1. Background. Vinyl chloride (chloroethene), Chemical Abstracts Service Registry No. 75015, Is a synthetic chemi cal made by oxychlorination of ethylene or by hydrochlorination of acetylene. It s the parent compound of a series of thermoplastic resin polymers and co polymers which are widely used for con tainers, wrapping tissues, electrical in sulation* pipe, conduit and a variety of other products. Vinyl chloride has been made commercially in this country since 1939 and present production is in excess of seven billion pounds per year. Vinyl chloride (VC) is a gas at am bient temperature and pressure and is a chlorinated hydrocarbon which has mod erate liver toxicity. The present standard sets a ceiling value of 500 parts per million (ppm) (29 CFR 1910.93). On January 22,1974, the Occupational Safety and Health Administration was informed by the National Institute for Occupational Safety and Health (NIOSH) that the B. F. Goodrich Chem ical Company reported that deaths of several of its employees from a rare form of liver cancer may have been occupa tionally related. As a result of this notifi cation, and after consultation with NIOSH and a joint inspection, of the plant by OSHA, NIOSH, and the Ken tucky Department of Labor', a fact-find ing hearing on possible hazards involved toni Is underway involving the exposure of 300 animals to VC at concentrations of 50 ppm, in order to assess tjUi a more definitive way whether that level of ex posure produces tumors in anidials. Data reported by Tbrkelson, Oyen tnd Rowe (American Industrial Hygiene Associa tion J 22:354-361 (1961)) indicate that exposure to VC at concentrations of 50 ppm failed tojr induce tumors in rats, hamsters, rabbits, and dogs. The employees of the B. F. Goodrich Chemical Company who died from an giosarcoma of the liver had an average exposure of approximately 19 years to vinyl chloride, at unknown concentra tions, and variable exposures to other volatile chemicals. (TR 93) . Some em ployees of Union Carbide Company and Goodyear Company are also reported in a post-hearing comment from NIOSH dated March 11, 1974, to havb had ex posure to vinyl chloride and to have died from angiosarcoma of the liver. Finally, autopsies of four deceased employees re vealed that liver angiosarcoma tumors were histologically indistinguishable from the angiosarcoma tumors observed in Professor Maltoni's experimental ani mals. It is concluded therefore, that vinyl chloride is carcinogenic for hu mans. We therefore conclude that the present standard for VC should be lowered from ard adopted represents a substantial re duction in the permissible level of expo sure and, in our practical judgment, is the lowest level that can be complied with immediately; and (e) This standard will be in effect for a period of no longer than six months, during which time the whole question of possible safe exposure of humans to VC will be reconsidered more fully and In the light of more information. Including experiments which are under way at this time (TR 47, 49; 71-74). 3. Petitions for an emergency tempo rary standard. In a telegram to the As sistant Secretary of Labor, received on or about March 14, 1974, the President of'the United Rubber Workers Interna-, tional Union urged the establishment of an emergency temporary standard for VC. During the hearing of February 15, 1974, the Industrial Union Department, AFL-CIO, and the United Rubber Work ers International Union made a joint petition for an emergency temporary standard for VC (TR 141-148), which was also joined by the Oil, Chemical and Atomic Workers International Union (TR 37). At the same hearing, several participants urged, on the other hand, a regular rulemaking proceeding as the most suitable for the orderly develop ment of relevant information (TR 112, 180). with the manufacture and use of both a ceiling of 500 ppm to a ceiling of 50 The petitions for an emergency tem VC and polyvinyl chloride was an ppm for the following reasons: porary standard specified in detail the nounced on January 30, 1974 (39 FR (a) In light of the evidence referred contents of the standard requested. In 3874), and held on February 15,1974. to above including the Maltoni experi substance, the request Is to issue a com 2. Carcinogenicity of VC. Information ments- demonstrating that VC is carcino prehensive fully-developed standard produced at the hearing demonstrated genic in animals at 250 ppm, we conclude based on the recommendations of the that exposure of laboratory animals that VC must be considered carcino Standards Advisory Committee on Car (mostly Sprague-Dawley rats) to VC by genic in man at the same level; cinogens submitted to the Assistant Sec inhalation at and below the current (b) Although Professor Maltoni did retary of Labor on or about August 27, OSHA standard of 500 ppm induced not Induce tumors in his experimental 1973. The recommendations are far- tumors, including angiosarcomas of the animals at an exposure concentration of ranging, and cover special categories of liver. Professor Cesare Maltoni, of the 50 ppm, these data do not support the operations, signs and labels-, medical sur Instituto di Oncologia, Bologna. Italy, re concept that occupational exposure of veillance, reporting, etc., including a per ported on a series of experiments on the employees to concentrations of 50 ppm mit system for the use of a carcinogen. effect of exposure of rats, mice, and throughout their working lifetime would We agree that an emergency tempo hamsters to VC at concentrations of 10,- be without detrimental health effects; rary standard Is necessary ; we cannot say 000; 6,000; 2,500; 500; 250; and 50 ppm (c) The question whether safe levels on the basis of the information developed for varying periods of time (TR 43--63). of exposure to carcinogens exist for hu- so far that a comprehensive standard, Some of the experiments have been con mans and, if so, what such levels would such as the one requested, is either neces cluded, and others are still ongoing. The be, is the subject of continuing scientific sary or even desirable. It has been de experimental results so far reported are deliberation. In the case of VC, Profes cided to promulgate a standard contain that tumors have been observed In sor Maltoni did not observe tumors in ing only those essential provisions Which groups of animals exposed to VC at con his animals at exposure concentrations are deemed necessary to provide protec- n Occupational Safety & Health Reporter VAB.0001041990 Ar CURRENT REPORT 1437 tion to employees from grave danger hearing, the March 1974 report of a fact acted, handled, processed, released, re until a regular rulemaking proceeding in finding survey recommendations received packed, or stored shall begin monitoring accordance with sections 6 (b) and (c) frorp NIOSH, and thb other data referred the ambient air of the area to determine of the Act can be concluded. The rea to herein, it is found (1) that VC at con whether it contains vinyl chloride in con sons for a decision to establish a celling centrations in excess of 50 ppm is physi centrations in excess of 50 ppm. value of 50 ppm have already been cally harmful and carcinogenic; (2) that (2) Frequency. Monitoring of a suffi stated. A decision on other possible, ap exposure to VC at concentrations in ex cient number of employees so that a propriate provisions Is best made after cess of a concentration of 50 ppm poses a representative sample of exposures to consideration of all -relevant data and grave danger to employees; (3) that em vinyl chloride may be determined shall views that interested persons may sub ployees are presently exposed to VC at be accomplished not less frequently than mit diming the proceeding soon to be concentrations in excess of 50 ppm; and weekly until all results for three consecu- Initiated. (4) that the emergency temporary stand ttve weeks are at or below 50 ppm. There With respect to arguments in opposi ard set out below is necessary to provide after, monitoring shall be conducted not tion to issuance of an emergency tem immediate protection to employees from less frequently than monthly so long as porary standard, the concern and efforts such danger. the concentrations of vinyl chloride do of several companies participating at the Ptirsuant to section 6(c) of the Occu not exceed 50 ppm. If a monitoring sam hearing for the protection of their em pational Safety and Health Act of 1970, ple reveals vinyl chloride in concentra ployees are recognized. It may also be a proceeding will commence shortly in tions in excess of 50 ppm, weekly moni that some employers in some plants have accordance with section 6(b) of the Act, toring shall be resumed until all results fully complied with the interim controls recommended by NIOSH on January 30, in which the emergency temporary standard will serve 6s * proposed rule, for three consecutive weeks are at or be low 50 ppm. 1974. There Is, however, reason to believe together with ottieir subsidiary rules. As (3) Method of monitoring. Personnel that employees are currently being ex soon as possible a draft environmental monitoring shall be accomplished by col posed to VC at concentrations well above impact statement will be filed with the lecting samples by suitable devices worn 50 ppm. This was asserted several times President's Council on Environmental by the employee. The samples shall be at the hearing, and not seriously ques Quality, and copies Will be provided to analyzed by gas chromatography or by tioned. Moreover, a report, dated March other appropriate Federal agencies for any other method which is of equivalent 1974, of a survey by the staff of the Office of Standards Development, OSHA, of several facilities manufacturing VC and polyvinyl chloride revealed concentra tions for some job classifications as high as 229 ppm. Therefore, a regulation is considered necessary to provide, immedi ately, adequate protection to workers ex posed to VC. Also, the eight-hour, timeweighted average standard suggested by several participants at the hearing (see, for instance, TR 178) * has been rejected. The March 1974 report of the survey re their comments. Pursuant to sectldtis 6(c) and 8(c) (3) of the Wililams-Stelger Occupational Safety and Health Act of 1970 (64 Stat. 1596. 1599; (29 U.S.C. 655, 657)), and t Secretary of Labor's Order No. 12-71 (36 FR 8754), 29 CFR Part 1910 is amended by adding thereto a new 5 1910.93q to read as set forth below. In addition, pur suant to section 4(b) (2) of the Act (84 Stat. 1592; (29 U.S.C.653)), the stand ard in the new 1910.93q is determined sensitivity. The analytical procedure shall be sensitive to 5 ppm of vinyl chlo ride in air with an accuracy of 20 per cent for a ten minute air sample. (4) Employee observation of monitor ing. Employees working in an area or operation whose ambient air is moni tored, or their representatives, shall be given a reasonable opportunity to observe the personnel monitoring required by this section. <5) Recordkeeping. The results of all monitoring shall be recorded in writing. vealed that several kinds of work or op erations are of short duration. Loading or unloading of a tank car may require approximately 15 minutes. The cleaning to be more effective than the corre The records shall be retained for at least sponding standards now in Subpart B of 5 years and shall be made available for Part l10t in Parts 1915, 1916, 1917,1918, inspection and copying by representa and 1926 of title 29, Code of Federal Reg tives of the Assistant Secretary of Labor of a reactor may require approximately ulations, and in Part 50-204 of Title 41 of for Occupational Safety and Health half an hour. An eight-hour, time- the Code of Federal Regulations. There and the Director of the National Insti weighted average standard would permit fore, these corresponding standards are tute for Occupational Safety and Health exposure to VC at concentrations of 400 superseded by the new standard in (NIOSH). ppm for one hour. Such upward excur 3 1910.93q. (6) Employee access. Each employee sions, several times the 50 ppm level, can not be permitted to occur. 1. In 29 CFR Part 1910, S 1910.93 is amended by deleting from Table G-l the and former employee shall have access to such records of the results of monitoring 4,. The standard. The standard set out line: "* * C Vinyl chloride * 500 required by this section as will indicate below contains only the requirements * 1300". his own exposure to airborne concentra deemed necessary to provide protection 2. i?art 1910 of lltle 29 of the Code tions of vinyl chloride. before the conclusion of the rulemaking of Federal Regulations is amended by (7) Employee notification. Each em proceeding to be commenced shortly. adding thereto a new 1910.93q to read ployer shall promptly notify any em Because exposure to VC is hazardous, as follows: ployee who has been or is being exposed and because such exposure can occur in to vinyl chloride in concentrations in ex the processes of synthesizing or polym 1910.93q Vinyl chloride. cess of 50 ppm, and shall inform him of erizing of VC or in the handling of VC (a) .Scope and application. (1) This the corrective action being taken. polymers or copolymers which contain section applies to any area or operation (d) Compliance. (1) Whenever any absorbed VC, this standard applies to all in which vinyl chloride (chloroethene), monitoring sample reveals vinyl chloride such processes and to the handling, re Chemical Abstracts Service Registry at a concentration in excess of 50 ppm, acting, manufacturing, processing, re Number 75015, is manufactured, reacted, or whenever any accident, such as rup leasing, repackaging, or storage of any of handled, processed, released,' repacked, ture of equipment or spillage, Indicates these materials. The monitoring require or stored. the likelihood of a greater than usual ments serve two purposes, to trigger into (2) This section does not apply to the release of vinyl chloride into the ambient operation a compliance program and to handling, storage, or other use oi vinyl air, all employees .exposed to such con check the effectiveness of the program. chloride polymers and copolymers in the centrations shall be withdrawn to a safe Also, engineering controls are favored for form of fabricated products, area and shall not be permitted to re compliance, and respirators are intended (b) Permissible exposure. The occupa enter the work area unless they wear to provide protection until such controls tional environment shall be controlled so either Type C continuous flow or pres can be installed or in cases where such that no employee is exposed to vinyl sure demand air supplied respirators or controls are not feasible. chloride at a concentration in excess self-contained breathing apparatus. Accordingly, by reason of the foregoing of 50 parts per million (ppm) (127.0 (2) Work which may reasonably be and on the basis of the record of the mg/cum). expected to release vinyl chloride in con hearing of February 15, 1974, with ex (c) Monitoring--(1) Initial monitor centrations in excess of 50 ppm, such as hibits, the written submissions received ing. As soon as possible but not later than repair, maintenance or cleaning of re before, the hearing pursuant jo the notice April 22, 1974, every employer of an em actors or other equipment containing of the hearing, the post-hearing written ployee working in an area or bperation in vinyl chloride, shall be accomplished only submissions by the participants at the which vinyl chloride is manufactured, re by employees wearing Type C continuous Copyright 1974 by The Bureau of National Affairs, Inc. VAB.0001041991 1438 OCCUPATIONAL SAFETY 81 HEALTH REPORTER flow or pressure demand air supplied res pirators or self-contained breathing ap paratus. (3) In any case covered by para graphs (d) (1) or <d) (2) of this section, in addition to providing the required respirators, the employer shall examine and analyze the source of the excessive concentrations of vinyl chloride in order to determine feasible engineering or op erational controls appropriate to reduce the airborne concentrations to the permissable level. Such controls shall be implemented as quickly as possible. (4) Periodic tests shall be conducted for equipment leaks and for emissions of vinyl chloride which may result from work practices. 3. In 29 CFR Part 1910. $ 1910.19 is revised to read as follows: 1910.19 Special provisions for air con taminants. (a) Asbestos dust. Section 1910.93a shall apply io the exposure of every em ployee to asbestos dust iii every employment and place of employment covered by S 1910.12, $ 1910.13, $ 191044, 1910.15, or S 1910.16, in Ilfeu of any dif ferent standard on exposure to asbestos dust which would Otherwise be appli cable by virtue of any of those sections. (b) Vinyt chloride. Section 1910.93q shall apply to the exposure of every em ployee to vinyl chloride in every employ ment and place of employment covered by $ 1910.12. S 1910.13. i 1910.14. S'1910.15, or $ 1910.16, In lieu of any dif ferent standard on exposure to vinyl chloride which would otherwise be ap plicable by virtue of any of those sec tions. Effective date. These amendments shall become effective on April 6/1974. (Secs. 4, 6, and B, 84 Stat. 1592,1596, 1699 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71.36 FR 8754.) Signed at Washington. DC., this 2d day of April 1974. John Stender, Assistant Secretary of Labor. [39 FR 12342 April 5, 1974] A STIPULATION AND SETTLEMENT AGREEMENT BETWEEN OSHA AND AMERICAN CAN COMPANY Occupational agreement) UNITED STATES OF AMERICA OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION ) PETER J. BRENNAN, Secretary of ) Labor, ) United States Department of Labor, ) Complainant, ) ) v. ) American Can Company, ) ) Respondent. ) ) ) OSHRC Docket Nos. 2036, 2660 & 4119 STIPULATION AND SETTLEMENT AGREEMENT Comes now Peter J. Brennan, Secretary of Labor, United States Department of Labor, hereinafter referred to as the Secretary and respondent, American Can Com* pany, hereinafter referred to as the Company, and stipu late herein as follows: 1. American Can Company, as part of its continuing program of providing safe and healthful working condi tions for its employees has recognized that a company wide effort should made to protect its employees from the adverse affect of excessive noise exposure. 2. Jurisdiction of this proceeding is conferred upon the Occupational Safety and Health Review Commission by section 10(c) of the Occupational Safety and Health Act of 1970, (84 Stat. 1604; 29 U.S.C. 651, et seq.), herein after referred to as the Act. 3. American Can Company is and at all times herein after mentioned was a corporation with corporate head quarters at American Lane, Greenwich, Connecticut, and does business at Newnan, Georgia, North Kansas City, Missouri, Detroit, Michigan and other locations through out the United States where it is engaged principally in the business of manufacturing metal containers, plastic containers, folding cartons and flexible packages. The Company is and at all times hereinafter mentioned has been an employer engaged in a business affecting com merce within the meaning of the Act. 4. Compliance Officers of the Occupational Safety and Health Administration, United- States Department - of Labor, pursuant to their official duties, made inspections and investigations of the Company's workplaces at: Newfian, Georgia on November 16, 1972; North Kansas City, Missouri on March 15, 1973; and Detroit, Michigan on June 27, 1973. 5. As a result of the inspections and investigations, referred to in paragraph 4 above, pursuant to section 9(a) of ttte Act, the Company was issued: One (1) nonserious citation on December 18, 1972, for its Newnan, Georgia paperboard facility; one (1) nonserious citation on March 19, 1973, for its North Kansas City, Missouri tin can facility; and one (1) nonserious citation on July 20, 1973, for its Detroit, Michigan tin can facility. 6. The Company contested each of the citations re ferred to in paragraph 5 above. These cases were assigned the following docket numbers: Newnan, Georgia -- OSHRC Docket No. 2036; North Kansas City, Missouri -- OSHRC Docket No. 2660; Detroit, Michigan - OSHRC Docket No. 4119. 7. The Company represents that the conditions re ferred to in paragraphs IV(B) and (C) of the complaint filed in OSHRC Docket No. 2036 have been and will remain abated. 8. The Company represents that consistent with this stipulation and settlement agreement, it has paid or will pay the sum proposed in paragraph VI of the complaint filed in OSHRC Docket No. 2036 in the amount of one hundred twenty dollars ($120.00) and the sum proposed in paragraph IV of the complaint filed in OSHRC Docket No. 2660 in the amount of thirty dollars ($30.00). 9. The Company has characterized its operating facili ties set forth in Appendix A, attached hereto and made a part hereof, as either a metal, plastic or paperboard container manufacturing facility and represents that the Occupational Safety & Health Reporter VAB.0001041992