Document GK0GQ2enM2LxvE76p4aajdMdm

\/C t^\ 1175 Current Report Appropriations $156 MILLION FISCAL 1976 BUDGET SOUGHT FOR OSHA. NIOSH. COMMISSION The Ford Administration's fiscal 1976 budget includes nearly $156 million for occupational safety and health, with $116 million for the Occupational Safety and Health Ad ministration, $34.2 million for the National Institute for Oc cupational Safety and Health, and $5.7 million for the Oc cupational Safety and Health Review Commission. The budget, submitted to Congress on February 3, also including $79.5 million for the Mining Enforcement and Safety Administration, Department of Interior. MESA enforces the Federal Coal Mine Health and Safety Act and the Metal and Nonmetallic Mine Safety Act. Funds budgeted for federal agencies to provide safety and health for government employees were not identifiable. OSHA Budget The $116 million OSHA budget includes $5 million for on site consultation for small employers, $2.5 million additional for state-administered safety and health programs, and a $6.2 million increase for general safety and health. The funds projected for all programs, with the exception of training and education, information, and executive direc tion, represent increases over the 1975 estimates. Safety and health standards activites are budgeted at $5,153,000, up from $4,802,000 in fiscal 1975. Under enforcement, $48,050,000 is budgeted' for federal inspection and $48,500,000 for state programs. These compare with the 1975 estimates of 42,177,000 and $41,000,000 respectively. The training budget is $4,838,000 down from the 1975 es timate of $4,874,000. OSHA training emphasis in 1976 will shift from direct training to providing curricula packages to be used in the public and private training sector. For safety and health statistics, the budget calls for $5,607,000, up from $5,526,000 in fiscal 1975. Executive direction and administration is budgeted at $3,877,000, down from the fiscal 1975 estimate of $3,948,000. The OSHA budget estimates 100,000 federal inspections and 200,000 state inspections in fiscal 1976. NIOSH Budgat The $34.2 million NIOSH budget represents a $4 million in crease from the fiscal 1975 estimated expenditures. Programs expected to expand include surveillance ac tivities, industry wide studies, and laboratory research and services. Of the fiscal 1976 budget, $1.9 million is slated for occupational health grants, $30.3 million for direct operations, and $2 million for program direction and regional operations. Reviaw Commission The $5.7 million Review Commission budget includes $1.6 million for commission review, $3.5 million for ad ministrative law judge determinations, $440,000 for ad ministration, and $130,000 for change in selected resources. The budget reflects an increase of $165,000 over fiscal 1975 estimated expenditures. An additional 3,000 cases are expected to be received by the Review Commission during fiscal 1976, bringing the total 1976 estimate to 8,700. The budget projects 6,055 cases disposed prior to assignment to a judge, 1.470 cases disposed after assignment, and 860 heard and decided by a judge. Some 300 commission decisions are expected in fiscal 1976, with an estimated 470 pending at the beginning of the year. MESA Budget The $79.5 million MESA budget includes $7 million for new program initiatives. Some $43.2 million is budgeted for coal mine health and safety inspections and $13 million for metal and nonmetallic mine inspections. An additional 75 new in spectors are slated for the metal and nonmetallic inspection staff. The budget includes $12.1 million for technical support and $8.6 million for education and training. For program ad ministration the budget includes $2.4 million, including $250,000 for a study on the effectiveness and future needs in health and safety programs. Litigation COURT UPHOLDS VINYL CHLORIDE STANDARD, DELAYS EFFECTIVE DATE The U.S. Court of Appeals for the Second Circuit upheld the permanent standard on vinyl chloride but granted delay in its effective date. The court's unanimous decision, titled The Society of the Plastics Industry, Inc. v. Occupational Safety and Health Administration, disposed of nine consolidated petitions by plastics industry firms and trade associations challenging the validity of the standard. While rejecting all the industry's attacks on the merits of the standard, the court agreed with the petitioners that a "reasonable lead time" was appropriate and ruled that the standard shall become effective 60 days from the date of the decision, January 31. The court previously issued an order staying the standard (Current Report, December 19, p. 843) ; otherwise, it would have been effective on January 1. Reviewing the background of the standard, the court noted that warnings of harmful effects from vinyl chloride ex posure had appeared as early as 1949, and characterized the record as "a course of continuing procrastination on the part of the industry to protect the lives of its employees." The court also criticized the petitioners for the "generally blunderbuss approach" of their briefs. According to the court's opinion, the petitioners' principal contentions were as follows: (1) the available evidence does not establish that the adopted one ppm exposure level is necessary; (2) the standard is technologically and economically unfeasible; (3) the standard is unenforceably vague; (4) there was no substantial evidence to support the inclusion of fabricators in the standard's coverage; and (5) the sign and labelling requirements unduly emphasize the carcinogenic nature of vinyl chloride. Relying heavily on testimony that there is no known safe level of exposure, the court found the evidence of record "quite sufficient" to support the one ppm exposure level. "It must be remembered that we are dealing with human lives," the court said, noting the 13 recorded deaths attributed to vinyl chloride. "|T)he duty of the Secretary [is] to act to protect the workingman, . . . even in circumstances where ex isting methodology or research is deficient," the court add ed. Copyght 1975 by Tho B oou of Notional Allans nc CTL031408 1176 OCCUPATIONAL SAFETY & HEALTH REPORTER - Feasibility of the Standard After discussing the conflicting evidence as to the feasibility of compliance with the standard, the court held that the petitioners had failed to demonstrate unfeasbility, and ad monished them to have ``more faith in their own technological potentialities.'- The court specifically men tioned the problem of cleaning polyvinyl reactors as one operation with high exposure potential, and noted that new methods of cleaning are coming into use that do not require an employee to enter the reactor. The court also relied on the availability of respirators to achieve compliance when engineering and administrative controls are insufficient, fin ding that "petitioners' claims of dire consequences from the requirement of respiratory protection are exaggerated." The full-time use of respirators does not apear to be necessary, the court said. Regarding the petitioners' argument of vagueness, the court merely stated that "the secretary's directions are clear, definite, and certain." The court found the inclusion of fabricators in the coverage of the standard "amply justified" in light of the two deaths that have occurred in that industry. The objections to the labelling requirements and other arguments by the petitioners also were rejected summarily. In conclusion, the court pointed out that provisions exist for the amendment of standards, and stated that upon application and sufficient proof "we feel certain that the petitioners would obtain relief" from the Secretary of Labor in the event that they cannot comply with the standard. The court's opinion was written by retired U.S. Supreme Court Justice Tom C. Clark. He was joined by Judges Frederick vanPelt Bryan and Kevin T. Duffy, both of the Southern District of New York, sitting by designation. This ruling will appear in a future Decisions supplement. OCAW Suit A separate petition, filed by the Oil, Chemical, and Atomic Workers International Union, was transferred from the District of Columbia Circuit Court of Appeals to the Second Circuit in New York. This suit is unrelated to the SPI suit in that it involves other issues. These issues include labor relations problems, scope of medical examinations, failure to provide separate lunchroom facility requirements (especially in high exposure areas since ingestion of PVC dust is a problem), failure to provide transferability rights for employees found to have problems on medical examina tion, and failure to provide protective clothing requirements. OCAW has not determined whether or not the suit will be dropped. Standards OSHA PROPOSES MOCA STANDARD IDENTICAL TO EARLIER VERSION A standard for 4,4'-Methylene bis (2-chloroaniline) (MOCA) was proposed on February 3 by the Occupational Safety and Health Administration. The standard 29 CFR 1910.93e, which appears in the Full Text section of this report, is identical to the final standard adopted on January 29, 1974 (Reference File 31:5311). That standard was vacated and remanded by the Third Circuit rourt of Appeals on December 17, 1974, in Synthetic rgnmc Chemical Manufacturers v. Brennan (2 0SHC i402). While a petition by the Justice Department for rehearing on the portion of the court's decision involving MOCA has been filed, the proposed standard was issued "to assure effective protection of workers in the swiftest possible time." OSHA noted that action by the court may necessitate changes in the proceedings initiated by the proposed stand ard. OSHA has asked the National Institute for Occupational Safety and Health to develop appropriate medical protocols for all 14 carcinogens The provisions for medical ex aminations of all the carcinogen standards were remanded by the court. The medical examination provisions in the proposed MOCA standard are identical to those in the stand ard vacated by the court, but OSHA said it will propose amendments in a separate rulemaking as soon as the infor mation is available from NIOSH. The proposed standard also clarifies the prohibition on open vessel operations in 1910.93e. OSHA noted that en vironmental impact statements were prepared during the first rulemaking and no new draft impact statement will be prepared, but an amended statement will be issued if signifi cant new information becomes available. A hearing on the proposed standard was scheduled for April 1 in the Departmental Auditorium, Constitution Avenue, Washington, D.C. 20210. The proposed standard appears in the Full Text section of this report. Enforcement OSHA REPORTS 7,396 INSPECTIONS IN NOVEMBER; TOTAL PASSES 190,000 Some 7,396 workplace inspections were conducted by Occupational Safety and Health Administration dr, November, bringing OSHA's overall total to 192,495. The November total is considerably higher than that recorded for October (Current Report, December 26, p. 867). As a result of the November inspections, OSHA issued to employers 5,535 citations alleging 30,652 violations of job safety and health standards. Proposed penalties totaled $776,565. The 192,495 inspections conducted by OSHA to date resulted in 129,564 citations alleging 672,722 violations, with proposed penalties totaling $16,959,531. Of that amount, $12,322,015 was remitted to the Secretary of the Treasury. The balance represents funds not yet collected, plus penalties proposed by OSHA that were reduced or vacated by order of the Occupational Safety and Health Review Com mission after employer appeals. Data showing OSHA inspection activity in November 1973 and 1974, and cumulative data for the first five months of fiscal 1974 and 1975, appear in the Full Text of this report. Standards ADVANCE NOTICE OF PROPOSED RULES ON 11 SUBSTANCES PUBLISHED BY OSHA An advance notice of proposed rulemaking for 11 sub stances was issued by the Occupational Safety and Health Administration on February 3 under the standards comple tion project. Draft technical standards covered under the notice include Alpha-Methyl Styrene, Styrene, Terphenyls, Vinyl Toluene, Occupational Safety & Heolth Reporter CTL031409 t.u ' V*b ) cMe *'<<* M THE WALL STREET JOURNAL, CancerlnstituteSays Ethylene Dichloride1L Tuesday, Sept. 26, 1978 that substance may suffice to protect them I from EDC. ;> ** * " I The institute said that gDC can hi? i lZe efe&/of... L. F. KAAS " May Endanger Health of Workers, Public into the human body bv Ingestion: or skin gBSorDOBffMd that it has tound in human mUE and lfltt brSanTof nursing'mothers'who By a Wall Street journal 8to// Reporter , Charles, La.` and Guayantlla, Puerto Rico; WASHINGTON-The National Cancer In [the Shell chemical Co. unit of Shell Oil Co., stitute said the chemical ethylene dichioride Deer Park, Texas, and Norco, La.; Stauffer may endanger the health of many workers Chemical to., Long Beach, Calif.; Union and of much of the general populace, as Carbide Corp., Taft, La., and Texas City, tests on animals show it causes cancer. Texas, and die Vulcan chemical division of > The substance, known as EDC, is pro Vulcan Materials Co., Geismar, La. duced in large quantities as a source for other chemicals. Chemical and plastic work Other Possible Exposures "' ers appear to run the greatest risk of exop- The cancer institute said that there is sureheclhse me hiiiiTnf v.nr is used ip "considerable potential for human expo manufacturinpgolyvvlninvyll cchhlloorriiddee, thmeonwoimdei fy from which . . sure" to EDC in the workplace and noted that some workers outside the chemical and | posed to it. i. y-fa .> ; in the tests commissioned byj tute, EDO was given'oirally to and mice for 78 weeks. In caused stomach cancers, yyascul cers of fhultiple organs,-, and neath the' skin. Female rats and oped breast cancers, fThe chei caused uterine cancers In feirialg' respiratory-tract cancers in both m' female mice, the institute said.; d'l i/SM Plastic. temade.T'he insttlitute savs the plastic industries may be affected. For ex Talcott Agrees to Sellgeneral public may be exposed to EDC by ample, agricultural workers may be ex contaminated grain or other food, through posed because EDS is used as a soil and Detroit Finance Offn,exhausts or gasoline fumes and via contamL crop fumigant. Workers who make insecti nated water supplies, among other things. cides of antiknock agents and those who make or use metal-degreasing compounds .r W The institute didn't make any recommen dations in conjunction with its report on the EDC tests, which are part of a program to Identify cancer-causing chemicals in the en vironment. But several other federal agen cies are evaluating the data. An official at the Occupational Safety and Health Administration said that agency isn't certain which industries may need regula tion. It planTTD aqrthe public for informaflon regarding the use of EDC; then it will decide whether a temporary emergency mayalso Be "exposed. EDC is used in some textile dry cleaning, in paint removers, and for making adhe sives such as rubber cement. Chemicals made from EDC include carbon tetrachlor ide, freon compounds, methyl chloroform, and perchloroethylene^whlch is reportedly the most widely used dry-cleaning solvent. The institute said it isn't clear whether chemicals derived from EDC alio may cause cancer. . By a W ALL 8TRCCT JOURNAL Staff Report NEW YORK-Talcott National CorpI it agreed to sell its Detroit business flf office to Instaloan Financial Service Instaloan is a subsidiary of National : Corp., a bank holding company and i ate of National Bank of Detroit '; The purchase price is about equa Detroit office's' $19 million outstandij balance plus a commission on revej minus a provision against possiblf losses, Talcott said. , y ' standard is needed to limit worker exposure. - Noting that most EDC is used to make vi The agreement is the third witl Two Million Workers " nyl chloride, an official of the occupational week for sale of business finance.^ About two miUlon U.S. workers are ex safety agency speculated that OSHA's cur James Talcott Inc., Talcott's priricf posed each year to EDC, with about 33,675 rent standard limiting worker exposure, to ating subsidiary. (, ,L' of them getting full-time occupational expo sure, according to a survey conducted by the National Institute far Occupational Safety and Health. The Environmental Protection Agency L^aid it received early notification of the in- te's findings and began a study late last fV -jta, io learn the amount of EDC produced,' its uses, and its effects on health and the en CTL031410 vironment. Officials are re\fa^ig preliml 1 nary results of the study, ^Bie agenc doesn't expect to have a mMKomprehe , <>*** i STAR.ledger, Wednesday, OCdd#,, %.v . . ; : -wof:.*> ''.<: tv . . iBy'JAMES McflUEENY .. gram said there was no statis E' . OiAht^ical brebaakkddoowwnn\jn.any possi- - ithe State " disaMifr&cases arising ' Lajbor and Industry m'SvCTOtposure to the 1 warned some 115;00(hem] ; at] 1,300 industmlflints' New 1Jersey to take 'special'1 ***/;* .. . > esman for New erseyL^ianufacfurers ^Insur- : prtcautiwsBtpi:__ ,, ___' 'aafirMiMJ- " underw^iter- luneaQjmmghal^M^t'; I jxrt have iTh element-ancjg^ahicfe arsenic compound/ cased ampng ,44. industrial occupa iiease^byTO .recently-restricted somewhat Burgmof En'gi- ' %*$$*"*- state regulk-, tions and ur^mpwrMV&i- ber of agrieuJturaFworiftHnn the state, the*ie(MptihenB4e- ported.1 r 1?"'*/ jV It is used ftr, hse; as pest*controls" and *? pbisbns^agalnst fungi and , OWeedsiffie reporOsaid, in'dddi-' items as naintrnfcmei - ton tfefnHantfeCrflg poison -many be takdt Jto^^khC- t"o 'hrts wkfe USe'^within' of employ3 tndustiyn- x.. Organic firseniejuxj* Asidefrom inhal ., contact with the s43^ **"*? cai..result :i iThewanjing, in the foim b j recommendations designed'to ^MpanwhileHn-Washington But industrial poisoning usual-; lessen exposurfe>fo the chemi-^ yesterday the -Labor Depart ly occurs with .smaller dailyv V. cal, came jn the waike.af a cent report bv the P.S. Departs ment. announced new rules contacts with the chemical by which reduce the amount of inhalation of dust orlurhes. ment nt I alw nn inlnrmafinn i Cancer-CaUSifig yjnyl nhlnEido "The .reported, effects of obtained fronrtwQ largeput-of-'> gas to which factory workers chronic ars^ic poisoning, in state chemical companies link ing inorganic" arsenic. Com pounds tea higher incidence of cancer among workers, oiti^' ' \ x.a-.esrv/ may be exposed, ' ' addition to. the Jung and lym- Usder tti&new. atwi^^jtotic^BtWI, .apBiinjury-jo fron&he Ocoipadonal Safety* ify. ^Irritation and SHealtib&Administratidnii. tp `the larynx effective frSay. -.the' presentf tubes;'$kin hyj tation One of the recommenda tions urges a`3B--fbld of employe ensure to thg<lemdht, which B "usually ^air borne as dust orsprays -and inhaled.Xh3?-. , lijit ' f*We do notwbrttto create any large reason Tor alarm," said CommisskmetQbseph A. Hoffman C"MtSwT*want- to make sure employes'^bserve more stringentTijeans to avojd contactwiththiarehemical.^ A spokesman for tbeState's Workman's Compensation pro- . ., v*-. : ' liver? until uec. jj. Alter nextJari>4 kidneys-"the reportsaid, v , workers may be exposea Tono ^ In addition to the reoom- morethanonejgrt^tflSiiliSP cthendatii average dweteight-wurs <# ance of exposure andno concentration the^ coi C higher *1'"'-------------- linn ml# urged emf) . ing'with.theiaierhical . After Jani4rJSret exposure levels will be ed except tf5i" posed to stronger have to wear respirators*^ -i ?;. -- A X The state report Said 'the rotectivi -goggles^ .and frequent .hands nt^a^waShmgsatjwqrkr % -^J^'feo^hmeniaiipn^the *> epbrtment saidrAgrinternn ' cures' .untitMBakiming' ^ ngsa'nd re^ilato^fctibn y arsenic compotmds-had been' the federal Occupational used for many years as eco Safety and Health Administra- nomic poisons -- for pest con tion, now under way, are coni- trol, for instance -- and only pieted. -v ... - . CTL031411