Document G5BJ8do501LZOwoVrVzxBqvXq

FILE NAME: RT Vanderbilt (RTV) DATE: 1973 July 13 DOC#: RTV242 DOCUMENT DESCRIPTION: Letter to Sherwin-Williams from RTV Stating that Shipments of NYTAL 300 Had No Caution Labels / e* R . T. V A N D E R B I L T C O M P A N Y . I N C . 230 PARK AVENUE e n t e A0DMC9S e il.r v A N M IW V O R , Ju ly 13, 1973 The Sherwin-Williams Company 101 Prospect Avenue N. U, Cleveland, Ohio. 44115 A tt: Mr. 0. A. Ayres Dear Mr. Ayres; This is in reply to your recent le tte r c a llin g to our attention that shipments o f NYTAL 300, your code 62-32-00, contained no type o f caution label on the bags. This is co rrect. We have never been requested by you or anv customer before to follow such procedure. A ctu ally we mine and manufacture our NYTAL products under the ju risd ictio n o f the U. S . Bureau o f Mines, Department o f In te rio r, and ship under the Department o f Transportation. There are no d ire ctiv es o f which we are aware requiring us to a f f ix a caution la b e l. The O .S.H .A . regulation from the U. S . Department o f Labor you re fe r to applies to consumers o f these products fo r the "Safety and Health" o f th e ir employees during th e ir use as fa r as exposure to dust 1s concerned. This we feel must be handled by the consumer, providing what he feels is best in h is -awn plant or P lan ts. ' : ~' 1........' As you are aware, we, as do other t a lc producers, fe e l that the O.S.H.A. d ire ctiv e , including "non-asbestiform trem olite" in the asbestos definition was not only u n fair but tech n ically inaccurate. We have protested th is p osition and a t a recent hearing in Washington, 0. C . , with the Deputy Director o f O .S.H .A . were successful in being granted the rig h t to p etitio n the correctness o f the d e fin itio n . The new p etitio n w ill be file d the week o f Ju ly 16, 1973 In Washington. We are hopeful that O .S.H .A . w ill view th is in the same lig h t as' a ia tne t .r .A . in a reversal o f th e ir d e fin itio n , which o r ig in a lly included trem olitic t a lc s . A copy o f th is E .P .A . le tte r is included for your information. Consequent! v^_Mr. Avres. we feel i t is too ea rl y to t ake the actj_on.,ypu.have requested . We are hopeful this problem w ill be soive'3'in oi/r favor in -6tP9iTdays - and therefore your.favor - with no la b e ls being required by you.. TtsTnentioned' before, we have had no other such request from any customer as y e t, and we would prefer not to label - a t le a s t u n til the pending conditions are acted upon. Very tru ly yours, R. T , VANOERIlFcNPAHY, INC i V \ ' HWH:mra h* recc/BWxtins for io* c/pur/Mlrl a h tsp j Upco ImIj to i*i H. W- Howard Product Manager guarani to b* cteansi SW RUB 000127