Document BRo4gJRwDr9gj5DZkZGnXMLMo

PLAINTIFF'S EXHIBIT `CURRENT REPORT 471 required by the Act to be disclosed, records tailing within the caiegoreis covered by several exemptions including (2) may be made available to the extent, but only to the extent, that the appropriate Departmental official deter mines that such disclosure will further the public interest and will not impede the discharge of any of the Depart ment's functions. 70.23 deals specifically with exerr lion (2). Subsection (c) provides lit at a discretionary determination (under 70.11 and 70.22(L))to release documents protected by this excmptnjiKiSrdinarily cannot be made in the case of internal/rules and instructions relating to investigations and^rmorccmcnt aefivities con cerned with questions ofpOmpliance with or violations of / law. s' / As shown aboye; there are two categories of staff manuals, firsi^ddministrativc staff manuals and instruc tions to staffaffccting a member of (he public xGiich are disclosed/tinder FIA subsection (a)(2)(C) aiKX 70.15 of the regulations, and second, law enforcement manuals which are protected from disclosure by sdbscction (b)(2) (q/emption (2)) and section 70.23 of the regulations since they are related solely to the intcrnaLpersonnel rules and practices of an agency. An example of the first caleo6ry is the Compliance Operations Manual (OSHA-2006JT wliich, as^tke Occupa tional Safely and Health Administratprr stated in its letter denying your request, coRlairts'all instructions pro vided to inspectors which do have an effect on members of the public. This Manual may be purchased from the Government Printing Office. The Training Course, on the olher hand, falls within the second category since it is a law enforcement manual wiliiin (lie express language of 70.23(a) of the regulations quoted in the first paragraph of page 2 of this letter. The distinction between the two categories of manuals is clearly explained in the City of Concord case, supra. The court said al 333 F.Supp. pp. 959-960 (as indicated on page 1 of this letter) that the puqyose of (he word "administrative" in subsection (a)(2)(C) is io limit that provision to those materials "which pertain to administra tive matteiy rather than law enforcement matters", in order to protect "the traditional confidential nature of instruefiems lo Government personnel prosecuting viola- lionsTn court"; and (he court then quoted from H. Rcpi. Nof 1497 the statement that "an agency may not be required to make available those portions of its staff manuals and instructions which set - forth criteria or guidelines in auditing and inspection procedures, or * * * operational tactics * * On appeal to me under 70.50-70.52 ofJJijeguia- tions I have accordingly dctermiiid-^ltrTiovo that the Training Course in qugsliefrTs not an administrative manual or otlyiF-'^cIocument under FIA subsection (a)(2)(CKJ>tfrmstcad is a law enforcement manual pro- (ecfecMrom disclosure by FIA exemption (2) because ii is [esigned for the guidance of Department personnel and comprises solely internal rules and instructions relating to investigations and enforcement activities concerned with questions of compliance with or violations of piovisions of law. I have further determined that disclosure of (he Training Course would not serve the public interest and would impede the discharge of (he Department's compli-. ance and enforcement functions under the Occupational Safety and Health Act. Your appeal is therefore denied. Sincerely, /s/ Richard F. Schubert Solicitor of Labor OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION PROGRAM DIRECTIVE 72-1A REVISION OF ASBESTOS SAMPLING DATA SHEET OSHA SAMPLING DATA SHEET NO. 2 (REVISED) Substance: Asbestos. Standard: 29 CFR I910.93a(b), (1) and (3) of June 7, 1972 8-hour time weighted average: 5 fibers, longer than 5 micrometers, per cubic centimeter of air. Ceiling concentration: 10 fibers, longer than 5 micro meters, per cubic centimeter of air. Analytical Method: Fibers counted at 400450 magnification, using phase contrast illumination, with sample mounted in highviscosity solution of membrane filter material. Sampling Equipment: Personal sampling pump plus Millipore type AA Filter (37mm, 0.8 u pore size). Face cap is removed and filter used open face during sampling. Sample rate: 2 1/m. (liters per minute) Sample Size: Minimum period of 15 minutes for evaluation of ceiling limit. Several samples of up to 4 hours for evaluation of 8-hour average. Samples with a visible deposit may be too heavy to count. Compare with a clean filter. Heavy concentrations of visible dust in tire air (100 to 500 fibers/cc) may require short sampling periods of only 5 minutes, or less. Blanks: With eaclr batch of samples submit two fibers which are subjected to exactly the same handling as for the samples except (hat no air is drawn through them. Label these as blanks. Shipping: The cassettes in which the samples are collected should be shipped in a suitable container, designed to prevent damage in transit. Copyright fe' 1972 by The Bureau of Notional Affairs, Inc. DPMC-00673 LAM 007161 472 Imminent Danger Situations: y Generally not applicable. Serious Violation: More iha'n 5 fibers longer than 5 micrometers, per cubic centimeter of air, for an 8-hour time-weighted ; average, or an individual sample of more- than 10 fibers, I longer than 5 micrometers, per cubic centimeter of air. The times permitted at 10 fibers longer than 5 micro meters per cubic centimeter can be obtained from the attached graph. Times permitted at fiber counts between 5 and 10 fibers (including 10 fibers) can be worked out OCCUPATIONAL .FETY & HEALTH REPORTER with the C./T| formula using the 5 fibers standard as the 8-hour time-weighted average. CC C 1 + 2 +------ n =1 Nonserious Violation: Not applicable. De Minimus Violation: Not applicable. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION PROPOSED EXTENSION OF DEADLINE FOR REQUIRING WEIGHT MARKING ON MARITIME CARGO CONTAINERS DEPARTMENT OF LABOR Occupational Safety and Health Administration C 29 CFR Part 1918 1 (S-72-5J LONGSHORE STANDARD Weight Markings on Cargo Contain ers; Proposed Delay in Effective Date Paragraph (a) of 1918.85, Title 29, Code of Federal Regulations, requires that each cargo container be perma nently marked in pounds with the follow ing; (1) T'ne weight of the container when empty, (2) the maximum cargo weight that tire container is intended and designed by its manufacturer to carry, and 3) the sum of these two weights. The Institute of International Container Lessors, Airwork House, 35 Piccadilly, London, United Kingdom, has petitioned on behalf of its member com panies to extend by 9 months the present effective date, August 27, 1972 (37 F.R. 11058, June 2, 1972), in the case of the second requirement concerning maxi mum cargo weight. The requested ex tension would be limited to leased cargo containers. Tire members of the Institute of In ternational Container Lessors are: (1) CONTRANS Gesellschaft fur' Containervehkehr m.b.H. (2) CTI--Container Transport Inter national, Inc. (3) Integrated Container Service, Inc. (4) Interpool. Ltd. (5) Sea Containers Ltd. (6) Sea Containers, Inc., and (7) SSI Container Corp. The petitioner states that its mem bers have not had suliictent time to mark, or have marked all their con tainers as a result of their constant use by other shippers and carriers. The 9monUr extension is said to be needed to come into full compliance with the regulation. Accordingly, pursuant to section 41 of the Longshoremen's and Harbor Work ers' Compensation Act (44 Stat. 1444, as amended; 3't U.S.C. 9u) and to the Sec retary of Labor's Order No. 12-71 (36 F.R. 8754), the Assistant Secretary of Labor for Occupational Safety and Health is considering whether to grant the petition to suspend and postpone the effective date of the requirement in 1918.85(a)(2), which is presently en forceable under section 4(b) (2) of the Williams-Steiger Occupational Safety and Health Act of 1970 (84 Stat. 1592; 29 U.S.C. 653). Interested persons are invited to sub mit written data, views, and arguments concerning tire issue of extension pre sented by the petition to the Office of Standards, Occupational Safety and Health Administration, Room 500, 400 First Street N\V., Washington, DC 20210, within 30 days after the publication of this notice in the Federal Register. The data, views, and arguments will be avail able for public inspection and copying at the above address. In addition, oral views a.nd arguments concerning the petition will be received by Hearing Ex aminer Francis E. Dowd at an informal hearing beginning at 11 a.m. on Novem ber 14, 1972, in Rooms 216 A, B, C, and D, Main Labor Building, TJ.S. Depart ment of Labor, 14th Street and Con stitution Avenue NW,, Washington, D.C. 20210. Persons desiring to appear at the hearing must file with the Office of Standards a notice of Intention to ap pear, postmarked no later than Octo ber 28, 1972. The notice must state the name and address of the person to ap pear, the capacity in which he will ap pear, and tire approximate amount of time required for his presentation. The notice must also include, or be accom panied by, a statement of the position to be taken with regard to the petition, and of the evidence to be adduced in sup port of the position. Beginning at 10 a.m. on November 14, 1972, the hearing' examiner will hold a brief prehearing conference in order to establish the order and time for the presentation of statements and to settle any other matters which may he relevant to the proceeding. All documents that are intended to be submitted for the rec ord at the hearing should be submitted in duplicate. The hearing shal! be reported verba tim. and a transcript shall be available to any interested person on such terms as the presiding officer may provide. The use of prepared statements by witnesses is encouraged. Upon completion of the oral presenta tions, the transcript thereof, together with written submissions on the petition, exhibits filed during the hearing, and any pasthearing comments, recommen dations, and supporting reasons, shall be certified by the hearing examiner to the Assistant Secretary of Labor. Tire hearing examiner shall have all the powers necessary or appropriate to conduct a fair and full informal hearing, including the powers: (a) To regulate the course of the proceeding; (b) To dispose of procedural requests, objections, and comparable matters; (c) To confine the presentations to mutters pertinent to the petition; (d) To regulate the conduct of those present at the hearing by appropriate means; (e) In his discretion, to permit crossexamination of any witness; and (f) In his discretion, to keep the rec ord open for a reasonable, stated time to receive written recommendations, and supporting reasons, and "additional data, views, and arguments from any person who has participated in the oral pro ceeding. During the pendency of this proceed ing, no citation for violation of the re quirement in 1918,85(a.) (2) will be is sued with respect to a container used by a lessee, which is permanently marked in pounds with: (1) The weight of the container when empty, and (2) the sum of the weight of the container when empty and the maximum cargo weight which the container is designed by its manufacturer to cany. The maximum cargo weight which such a leased con tainer is designed by its manufacturer to carry need not be separately marked during the pendency of this proceeding. Signed at Washington, D.C., this 19th day of September 1972. G. C. Guenther, Assistant Secretary of Labor. [FR DCC.72-1G29) Filed 0-?.3-72;0:45 am| 137 l-R 201201 Occujio i i cno i Safety A Health Reporter DPMC-00674 lam 007162 INTEROFFICE MEMORANDUM ,. ------^_________^-s -./____ TO - ffi. /^?^/Zcj'4 "? / 19 / 2- SUBJECT | J /f\ hp\ L S l^JcUf /o /i REPLYING TO YOUR LETTER T ii>i? C<7?7 ^Ivc/ia/ J 0-^ as y^isO/?4 ' c/)^2^ ___/o__Q__ '7j'A^J " Ms.h&sh J$2*tAar j&- /#d /sitfttgL 'JrJfAJZV 3***^ yW \ ' Xf s7,dje/Jy /t*S ,Y ^>>/Hpia'{Mttf M/ad ^ar.. /^v". K^ii_ Jlf^J DPMC-00675 LAM 007163 -A 1m SHELL CHEMICAL COMPANY HOUSTON PLANT ASBESTOS HANDLING SAFETY S-35PAGE i OF 2 SEPTEMBER 5, 1972 Asbestos, a mineral silicate, has been recognized as a hazardous material which can cause respiratory problems if individuals are exposed to excessive air borne concentrations over prolonged periods. The fine airborne fibers of asbestos can pass through the. upper respiratory tract to the lower parts of the lungs to cause irritation and to form "asbestos bodies" where the fibers are encapsulated; these can lead to pneumoconiosis. This order establishes procedures to be followed by personnel who have occasion to work with materials containing asbestos. General Enclosures, exhaust collection systems and vacuum sweeping should be used when these facilities are available. When these measures are not applicable or do not reduce the asbestos concentration to permissible levels, protective respiratory devices must be worn. 1. Dust masks (such as the Welsh Model 7165 or 3M Brand 8710 respirator) should be worn by personnel any time there is a possibility of asbestos fibers becoming airborne in their work area. 2. Fresh air masks, coveralls, and head covering should be worn if working in an enclosed area or where heavy airborne concentrations of asbestos may be encountered. The Safety Section should be contacted if there are any questions con cerning protective equipment requirements. Precautions should be taken to minimize airborne concentrations cf asbestos fibers. The following measures should be taken where practical. 1. Asbestos dust accumulation should be cleaned up by vacuum cleaner or by water washing (effluent permit required); dry sweeping or blowing it away should not be permitted. Dust accumulation should be held tc an absolute minimum. 2. Scrap materials and bags which contained asbestos should be disposed of in plastic bags or some other sealed container. Boxes which contained insulation may be used for disposing scrap if the boxes are properly sealed (i.s., taped). A caution label is to be affixed to each container of scrap material identifying the contents as containing asbestos; these labels way be obtained from the Tool Room. o Drop cloths and "curtains" may be required to confine and minimize spread of asbestos dust;. DPMC-00676 LAM 007164 SAFETY S-35 PAGE 2 OF 2 ASBESTOS HANDLINGSEPTEMBER 5, 19 72 Insulating Work Practices for Asbestos Materials 1. Insulating materials which do not contain asbestos should be used where effective installation will result. 2. Materials should normally be cut in the Insulation Shop where local exhaust ventilation is present; field cutting should be minimised. 3. Asbestos cement, mortar, coating, grout, plaster, or similar materials containing asbestos must be mixed with water in the bags or containers in which they are shipped. Dismantling of Equipment 1. Protective respiratory devices as described above should be worn during demolition of piping, structures or equipment when insulation is being removed. 2. Care should be exercised in removing insulation to minimize airborne asbestos; that is, insulation should not be indiscriminately knot' ed off piping. When wrecking out asbestos, it should be wet dewn sufficiently to minimize airborne particles. 3. Scrap material or debris should not be permitted to collect in the work area. Cleanup should be by vacuum or "wet" methods. Bulk pieces of insulation may be placed in load luggers where the likeli hood of "dusting" is minimal. Small pieces of scrap and fibers collected by vacuum cleaner should be placed in sealed containers with "Asbestos Caution" labels attached. 4. Personnel should not remain in the vicinity where airborne concen trations of asbestos may exist unless their work requires it. Handling of Asbestos at CA Unit Cell Room The diaphragms of the cathode assemblies used at the CA Unit are prepared from a slurry of "long" asbestos fibers. Generally, emission of asbestos fibers during this operation is minimal; the following measures, however, should be folloue to assure personnel are not exposed to airborne fibers. 1. Respiratory protection must be worn while handling and adding asbestos to the depositing slurry mix tank. 2. Before opening the bags of asbestos, they should be moistened to minimize "dusting". 3. Empty bags and scrap material should be placed in sealed plastic, bags and "Asbestos Caution" label attached. 4. Loose asbestos fibers should not be permitted to accumulate arcur.c r:.e depositing vat; the area should be kept clean by washing down. 5. While the asbestos is added to the mix tan!-, personnel not invoiwd in LAM 007165 D P M C -00677 ACTION ITEMS RELATED TO QSHA ASBESTOS STANDARD Maintenance Engineering 1. Insulator shop revisions (high priority). a. Revamp exhaust system. b. Install ventilated work table. c. Purchase vacuum cleaner (Carver). 2. Need to prohibit eating lunch in Insulator Shop. 3. Mixing of cenent and mortar. a. Must be purchased and mixed in bags. 4. Possible need to provide special clothing, a. Dependent upon results of air sampling. Safety & Training 1. Plant order covering detaolition of insulated equipment. a. Respiratory protection b. Cleanup methods c. Disposal 2. Warning signs a. Insulator Shoo b. CA Unit celly^yg, 3. Warning labels for scrap disposal containers. 4. Physical examinations a. First exam immediately - repeat annually. (1) All Insulators (2) CA Cellroom Operator who slurries asbestos, plus his backup. (3) Operators involved in. mixing asbestos with Kpocrlle. b. Termination examinations DPMC-00678 LAM 007166 Action Items Related to OSHA Asbestos Standard 5. Air sampling (need Environmental Lab assistance). a. Within six months, but after Insulator .Shop revisions. b. Coordination by DOSK. 2 EWS:lip 7/11/72 DPMC-00679 LAM 007167