Document GmRnpkb4r2rRdM9Y6dMBXQ5aN
v
......
FRIDAY, OCTOBER 4, 1974
WASHINGTON, D.C.
Volume 39 Number 194
RECfciVED
fe.' *J -`4
VHIT' r`t> n
PART U
- ..rz-t-iSfau-
'
- .: :--e;r "
DEPARTMENT OF
LABOR,,
Occupational Safety; And . Health Administration
.V- t .
%* r--* ' -`J'- i ' ,1: v v.^v.yi.'-_ ..
; ,r. ;
h, /*
f - _* Ct , - V-! -
EXPOSURE TO VINYL .v?. ; CHLORIDE
Occupational Safety and Health Standards
CORRECTED AS PER FEDERAL REGISTER,
v VOLUME 39, PAGE 4184 5T DECEMBER 3 ,
1976. I
:
ucc
060218
35890
*-
RULES AND REGULATIONS
- -rrii> - - --;
TO*
CHAPTER XVI(---OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DE PARTMENT OF LABOR
PART 1910--OCCUPATIONAL SAFETY ' AND HEALTH STANDARDS
ployees from a Tare liver cancer (angio sarcoma) may have been occupationally
related. As a result of this notification after consultation with NIOSH. and
a joint Inspection of the B. 7. Goodrich plant by OSHA, NIOSH and the Ken tucky Department of Labor, a fact-find
and abroad. OSHA proposed to revise 191093q and published a comprehensive proposal (39 FR 18898) on May 10,1074. to protect employees from hazards of exposure to VC. The proposal called for hmitathm of employee exposure to Veto
'bio detectable level," as measured fay a
Standard for Exposure to Vinyl Chloride ing hearing was announced on Janu sampling and analytical method sensitive
Pursuant to sections #0)). 0(c), mud S.:> of the Occupational Safety mud E-alth Act of 1970 (84 Stmt 1593, 1596, 1599; 29 TLS.C. 855. 857) Secretary of
Labor's Order No. 13-71 38 FB 8754) and 29 CFR Past 1911,1191893 of Part 1910 of Title 29. Code of Federal Regu lations is hereby mf**** in the maims
set forth below, in order to provide an
Occupational Safety and Health stand ard dealing with the exposure of emTtim BB* to iteyl chiorldL
L Background--(I) Vbtyt chloride.
Vinyl chloride (ckloroeiheae), Chemical Abstracts Service Registry No. 75014. is a aynthetie organic chemical made from
ethylene or acetylene and chlorine by any of several processes. H Is the parent compound of a series of thermoplastic rain polymers and copolymers which
are widely used for containers, snapping film. electrical insulation, pipe, conduit,
and a variety of other industrial and consumer products. Vinyl chloride has
been made commercially in this country since 1939, and present production Is is
>TM of seven billion pounds per.year. The vinyl chloride industry divides into three segments: monomer production,
polymer production, and fabrication. Production of the monomer Is a largescale continuous process, involving only a few firms. There ere comparatively few employees in this segment of the indus try, because the processes lend them selves to automation.
Vinyl chloride (VC) is used primarily
in th* -production of polyvinyl chloride ' fPViJ'; * -sin which is produced through
batch .c.-v-.casing. The conversion of the VC monomer into a polymer or copolymer is an incomplete process, Le, not all of
the monomer is reacted.
PTC is fabricated by a variety of tech niques. including extrusion. Injection molding and calendering, to form a fin
ished product that needs' no further chemical handling. The vast majority of employees involved in the VC industry
ary 30, 1974 (30 PR 3874) and held on to 1 ppm. ,with an accuracy of 1 ppm
February 15,1974.
*50 percent. The proposal also called'
Information obtained from this hear for the establishment of regulated areas
ing, particularly the preliminary reports and limited access to such areas to au-.
of experiments conducted by Professor thorized persona A requirement for
Create Maltani of the Institute dl On- monitoring of employee exposures was
cologia, Bologna, Italy, demonstrated proposed, along with engineering and that vinyl chloride Induced angiosarcoma work practice control* to be implemented
In rata at levels es low as 250 ppm, and in other species at higher levels Experi
over the detectable limit
ments performed-at lower levels of ex
protection would have
posure were not completed at that time. healrequired while engineering and work
Other testimony from mwMeei witnesses practice controls were being implemented
and NIOSH, and the results of autopsies, or where exposures exceeded the per-
led to the conclusion that the Goodrich ushers had angiosarcoma of the liver
mtesible limit even altar feasible en gineering controls were instituted.
and VC probably was the causal agent In the angiosarcomas observed.
. lh addition, the proposed standard memitais requirements for medical sur-
' In post hearing comments, additional angiosarcoma deaths were reported ,Tvtng workers who had been exposed to VC In plants operated by Union Carbide Corporation, Firestone Plastics Corpora tion and Goodyear Tire h Rubber Com
veOlanoe. protective clothing, emergency pyooedurea training, specific protection during maintenance and decantamlna'tion operations, transportation i"Ai"g
and unloading operations and record-
pany. On the basis of all Information avail
able at that time, and the fact that em ployees .were being exposed at levels around the experimentally observed ef
fect level of 250 ppm, an emergency temporary standard (HIS) was promul gated on April 5, 1974 (99 FR 12341)
pursuant to section 6(c) of the Act, ss
29 CFB1910934.' This standard reduced the permissible
exposure level from s celling of 500 ppm. to s 50 ppm ceiling, and established other requirements, including, for example, monitoring and respiratory protection. It was expressly recognised that this standard limiting exposures to a 50 ppm ceiling was a tentative, interim standard, tvi that the whole question of exposure to VC would be considered more fully In the light of additional information,
the results of experiments
which were known to be underway at
that time.
(4) Hearing on the proposal. The pro posal. as published on May 10, 1974,
allowed 30 days for interested parties to submit written comments and to request an Informal rulemaking hearing. In formal contacts, with OSHA staff and
early responses Indicated that the sub
ject was of great interest and Importance to many persona Because of the limited time available before expiration ef the six month period provided in section. 0(c)(3) of the Act for promulgation of a find standard. It was decided to bold a hearing as soon as possible. Accord
ingly. an May 24,1074, a notice of a bear ing was published (39 FR 18303), setting
a hearing date of June 25, 1974. The hearing was conducted from June 25. through June 28, and again from July 8, through July ll, before Administrative law Judge Gordon J. Myatt. All. partici pants were given the opportunity to pre sent testimony and to cross-examine other witnesses. Persons participating in
On April 15,1974, information and data the hearing were given until August 23,
are employed by fabrication firms. Such were presented to representatives of 1974,-to file additional posthearing com
firms range In size from those with few OSHA, NIOSH, and the Environmental ments, Including various items of infor
employees and simple equipment to large Protection Agency by the Industrial Bio- mation which were requested during the
plants involving many employees and Test Laboratories, Northbrook, Illinois, examination of witnesses.
considerable capital
concerning results of animal exposure (5) Economic and technical impact
Vinyl chloride (VC), a gas at ambient temperature and pressure. Is-a chlori nated hydrocarbon, which heretofore has
studies with VC. These studies were
sponsored by the Manufacturing Chem ists Association. Although only pre
study. During the hearing, OSHA deter mined that additional facta would be needed to determine the practicality cf
been regarded as having moderate liver liminary in nature at that time, these certain aspects of the proposed stand
toxicity. The initial standard, contained results revealed that 2 out of 200 mice ard. Accordingly, OSHA contacted an in
in Table 0-1 of 192093, established a exposed to VC concentrations of 50 ppm dependent consultant, -Foster D. Snell
ceiling value of 500 para of VC per mil for 7 hours a day, five days a week, for Corporation, to conduct studies of the
lion parts of air.
approximately 7 months, had developed feasibility of compliance at various ex
(2) The emergency temporary stand angiosarcoma of the liver.
posure levels, including those proposed
ard. On January 22, 1974. the Occupa (3) The proposed permanent stand by OSHA and others advanced by in
tional Safety and Health Administra ard. Based on the demonstrated evidence dustry spokesmen. Snail was also com
tion i.OSHA i was informed by the Na of VC's carcinogenicity in three animal missioned to collect information regard
tional Institute for Occupational Safety species (rats, mice and hamsters), and ing the economic costs of compliance.
and Health (NIOSH) that the B. P. the substantial probability that VC had This action was announced at the close
Goodrich Chemical Company had re been the causal agent in the casea of liver of the hearing, and Judge Myatt further
ported that deaths of several of Its em angiosarcoma found In workers both here announced that the record would be kept
FeDZKAL tEGISTM, VOL 39, N . 194--MIDAV, OCTOIEK 4, 1974
ucc
060219
^_____ - ,
RULES AND REGULATIONS
35891
open for a period of time beyond August
23. to allow interested persons to com ment to writing on toe study. On Angnst 26.187*. OSHA amuswicsd that the pre
liminary study ees sisibUs and tost Mwimwati were to be submitted no later
studies of Maltonl and Bio-Test Labora
tories. Moreover, Maltonl's investigations
have demonstrated a dose-dependent re
lationship lor induction of tumors (La,
snore tumors occur at Wftiw exposure
levels),
angiosarcoma of the
may create a carcinogenic hazard, toe mount of exposure which to hazardous
must be determined. The Burgeon Gen eral's Ad Hoe Committee referred to
above concluded that safe exposure levels for carcinogenic substances cannot be
than September 0,1ST* (32 FK 30344).
On Septetober 12. 187*. t)6HA invited
comments on both toe preliminary end
toe final study, which was to be received
on or before September 23, 137* (39 FR
33008).
(6) Environmental impact statements.
A notice of intent to file an environmen
tal -impact statement assessing toe im
pact of a proposed standard on occu
pational exposure to VC was.published
'to toe FnniL Remain an April 24.
197* (39 FR 1*322). Hie notice Invited
any person havine information or data
on the envtronmmtal impact to submit
It to 03HAby May 17.1874. On June 12.
1974, a draft envirocjmmtal impact
statement was prepared and circulated
to all interested persons. Ten copies were
forwarded to toe Council of Enxiron-
mental Quality (CEQ). which published
a notice of Its filing sad availability to
toe Fxdxesl Kzcisxn on June 25. 197*
(39 FR 32875). A *3 day period was al
lowed for toe submission of comments on
- the draft statonent. On September 5.
197*. toe Rnai mvironmcntal fcnpact
statement was prepared and a copy of it
and all substantive comments were sent
to appropriate govemmmtal agendas,
private organizations, and other Inter
ested persons. CEQ published a notloe of
availability for the final stotemsit on
September 6, 197* (39 m 32330). The
submission of comment was Invited un
til September 23, 197*. The final state
ment and all
aanments have
been carefully considered to arriving at
toe final standard e:< i -cupational expo
sure to VC.
.,
(7) The record. Th i record to tola
proceeding Is one of too most exhaustive
ever relied upon by OSHA- It consists aC
pre and post-hearing comments and
testimony received at both factfinding
and rulemaking hearings, toe studies and
inspections conducted by OSHA person
nel, the environmental Impact state
ments, the economic end technical
Impact studies, and all other relevant
information. In all. over 600 written com
ments have been received, with more
than 200 separate oral and written sub
missions made with regard to too two
hearings. The record itself exceeds 4.000
pages. Employers, employees, labor
unions, public health groups, independ
ent experts, physicians, research scien
tists, and specialists to many Adds have
been invited to submit information and
have made their views, knowledge and
experience available to OSHA. The en
tire record encompassing these submis
sions was thoroughly reviewed and
evaluated to reaching the determina
tions set forth below.
n. Findings regarding carcinogenicity,
exposure levels and tearOrUity--(i> Car
cinogenicity of vinyl chloride. The car
Bra', to rats. The investigations of In scientifically determined. This petition
dustrial Bio-Test Laboratories have dem to supported by the testimony at NIOSH
onstrated a
relationship for at toe bearing. Its TMTM""*"dt|nn for
both rats and mice. These investigators a standard of no detectable level, and by
have induced angiosarcoma of the liver toe testimony of expert witnesses from
in rats and
at exposure concentra the National Cancer Institute.
tions of 30 ppm. and tohamsters at high Several witnesses and persons who sub
er concentrations of exposure. Additional mitted comments have taken a contrary
tumors involving other organa, including view and have suggested that man to less
the kidneys, limes, and skin of exposed sensitive to biologic aberrations induced
miImI*, were else observed to frequen by vinyl chloride exposure than experi
cies TM*h to
at control sntotsls mental animals. Proponents of this posi
The *"*--* of tumors in mine in the tion have argued that if humans were as
Industrial Bio-Test Laboratories Investi sensitive as rodents, an "epidemic'' of
gations Is particularly pertinent. Of 200 cancer resulting from VC exposures
--i" (100 males, 100 females) exposed to should have already been discovered
50 ppm of vinyl chloride by Inhalation for among employees. They also argue tost eleven months, 100 died. Blxty-four ani tbs employees In whom tumors have been'
mals died without gross postmortem observed are those who hava considerable
pathologic examination being performed. employment experience as polymeriza
Of tow 36 remaining enwnsis for which tion reactor cleaners. Because it to gen
a gross postmortem pathologic examina erally agreed tbat reactor cleaning in
tion was performed, 13 (36 percent) volved high exposures to vinyl chloride
were found with liver tumors (including to years past, it to argued that the lower
angiosarcomas), 21 (38 percent) with levels currently found to the workplace
lung tumors, 9 (23 percent) with skin have not Induced cancer and are there
tumors, and one with a kidney tumor. fore safe. We reject this argument.'
According to toe 1970 report by toe The fact that approximately three-
Surgeon General's Ad-Hoc Committee quarters of those employees with the
on the Evaluation of Low Levels of En longest exposure to VC (greater than
vironmental Chemical Carcinogens, toe wwdimg of cancer to two or more
20 yean since initial exposure) have not yet been located, makes It Impossible to
species may be extrapolated to Indicate determine the actual number of affected
a carcinogenic hazard to humans. Here, such a finding was made to three species
. employees. The cases of fiver tumors ob served to date hews.an average latency
that were exposed to VC by Inhalation-- period, since initial exposure, of approxi
a route comparable to employee ex mately 20 years. If It to assumed that In
posure. In addition, there were at least' 13 confirmed oases of angiosarcoma of
the liver among employees exposed to VC, a particularly significant number to view of the extreme rarity of this cancer to the UB. adult male population (testi mony of Dr. Marcus Hey. Director of NIOSH. at the rulemaking hearing).
The findings of angiosarcoma of toe
fiver to both experimental animals and exposed employees Is compelling evi dence that exposure of humans to vinyl chloride induces this tumor. Industry spokesmen, at the hearing, conceded that VC is carcinogenic for humans (eg. testimony of Dr. McBuroey, Rulemaking hearing. 1041). Accordingly, it is con- . eluded that VC must be regarded as a
human carcinogen, and toe probable causal agent of angiosarcoma of toe
fiver, and that exposure of employees to VC must be controlled.
Additional evidence of tumor Induction to a variety of other organs. Including lung, kidney, brain and skin, as well as
nan-malignant alterations, such as fi brosis and connective tissue deteriora tion, Indicates additional oncogenic and
toxicologic properties of vinyl chloride, which must be considered to establishing
control regulations. (See testimony and
duction of angiosarcoma to a dose-re
lated phenomenon, and If employees cn- .
gaged to cleaning reactors did, to fact,
receive larger doses of vinyl chloride. It
would be expected that such tumors
would be observed earlier for this em
ployee population. For this reason. the _
significance of presumed lower doses,
cannot be accurately assessed until a
longer period of time has passed, as a
longer induction period would be
expected.
Initiation of exposure to chemical
carcinogens and Induction of cancer are
not necessarily synchronous events. Be
cause of the physiologic complexities In
volved with carcinogenesis, induction of
tumors does not occur to all employees
with similar exposure histories. For ex
ample, Dr. Behnriderman ot the Na
tional Cancer Institute
dur
ing hi* testimony that only about a fifth
of longer-term heavy smokers develop
lung cancer. Accordingly, the Industry
contention that exposure levels have
been dramatically reduced since the
1940'a to not reliable evidence that cur
rent'levels of exposure are safe.
Some Industry spokesmen also sug
gested that the apparent nonrandom
results of studies by Bio-Test Labora distribution of observed cancer to em
tories, Taberthaw-Cooper, Maitmi ployees may indicate an expoeure. thres
cinogenicity of vinyl chloride for three NIOSH. and Selikoff.)
hold for.tumor induction, based on varia
animal species (rat. mouse, hamster) has (2) Exposure limits. Upon finding that tions to the workplace derign or prac
been documented on ih> record by
exposure of employees to vinyl Chloride tice and resultant employee exposures
RDEXAl aroism, V L 3, NO. 194--fSIDAY, OCTOIEI 4, 1*74 /
ucc
060220
RULES AND REGULATIONS
(testimony and questioning by Tenneco
Chemicals, toe.). It has also been em
phasized that In only 3 of S polymeriza tion plants where employees have been exposed to VC for more than 20 yean have any employees developed angiosar coma of the liver. This argument is very
to that raised concerning vari
ex-. testimony of Sclfkoff, Firestone. NO, confident that industry will continue to
andNXOSH.)
- do
- to our view, the demonstration of can <41 Conclusions. The conclusions be-
cer induction In humans at a particular . low are baaed on a thorough-review and
-level is not a prerequisite to a determina evaluation of all the evidence aubmlUed.
tion that a substance represents a can Where decisions can be baaed an record
cer hazard for humans at that level, it evidence, this has been dona Where,
would be imprudent to aaaume man to however, factual certainties are lacking
ability of past employee exposure. Al though geographic and workpractiee dif
ferences may ultimately be demonstrated to be factors In distribution of angiosar coma. sufficient information is unavail able to exclude from consideration of
be lea sensitive to VC exposure than ex
perimental animals In the absence of
conclusive evidence. It would also be un
founded to assume that
will not
develop tumors when exposed at eoocm-
trstions of VC of lea thin 0 ppm.
or where the facts alone do not provide an answer, policy Judgments haxe been DMMte.
There is little dispute that VC Is car- dnogenlc to man and we so conclude. However, the precise level of exposure
risk thorn employees in workplaces lor Should a sufficiently lazge number of ex wfalctrpoeee a hazard and the question
which cases of angiosarcoma have not perimental anlmils be exposed to VC at of whether a "safe" exposure level exists,
been observed:
concentrations of leas than 0 ppm, cannot be definitively answered on the
It has also been suggested that the Bchneidennan said that It would be ex record. Nor is It dear to what extent
absence of cancer in a population of SSS pected that come would develop VC In- exposures can be feasibly reduoed. We
Dow Chemical Company polymerisation 6uced tumors. -
cannot wait unto indisputable answers
employees monitored over a period of 7 (3) Feasibility. There is virtually no to these questions are available, because
years, indicates that exposure to vinyl dispute that most. If not all. fabricators llyes of employees are at stake. There
chloride at concentrations of less than am currently capable of teaching ex fore. we have had to exercise our best
230 ppm is safe. (See study by Dr, Cook, posure levels of 1 ppm through engineer Judgment on the basis of the best avail
submitted at the hearing by Dow Chem ing controls. Them employers employ able evidence. These Judgments haveje-
ical Company.) However, the group sur well over >5 percent of all employees ex . qulred a balancing process, in which the
veyed did not include an workers who posed to VC. Indeed, several fabricators overriding consideration has been the
had been exposed, and the missing em am already operating at this level (see protection of employees, even those who
ployees included many who had the SPI testimony). However, industry -- may have regular exposures . to VC
longer term (over 20 years) exposures. spokesmen have universally claimed that throughout their working lives. -
Moreover, the statistically insignificant It is Infeasible for the VC and the PVC - Rased on the available evidence and In
irf* of the sample copulation decreases Industries to remain below 1 ppm con view of the above considerations, includ- .
the possibility that tumors. would. be sistently, using engineering controls. In tog feasibility, we believe that employee
observed.
addition, the Knell study on technical exposures to-VC must be reduced to a 1
Dow also presented preliminary data feasibility concluded tb?t a 1 ppm ceil ppm time-weighted average (TWA). We
In testimony at the hearing on the pos ing is not feasible for the VC and PVC also believe' that PVC and VC establish- '
sible metabolic pathways of VC. The Industries with present technology, but ments will, In time, be able to attain that
hypothesis presented was that VC may that the VC Industry could currently at level through engineering controls, and
exert its carcinogenic effect by a metab tain lower exposure levels than the PVC that fabricators can do so in the im
olite, and that the metabolite is pro industry. labor union spokesmen and the mediate future.
duced only when VC is metabolised by a Health Research Group, toe, however, to addition to the TWA requirement, -
secondary metabolic pathway operating have suggested that such a level is at . we have established a S ppm celling
only when enzymes regulating the pri tainable.
- (averaged over a 15-minute period) In
mary pathway are saturated, as would Since there Is no actual evidence that order to prevent exposure of employees
be the result at higher exposures. The any of the VC or PVC manufacturers 1 to unacceptable high excursions. Prom
preliminary data indicated the persi- have already attained a 1 ppm level or In an operation standpoint, this celling
billty of an additional pathway fc:* fart instituted all available engineering level is realistic because minor excur
metabolism of VC in rats exposed to con and work practice control*. any estimate sions up to the ceiling level are likely to
centrations of VC in excess of 220 ire as to the lowest feasible level attainable occur on a regular basis.
However, the occurrence of angio must necessarily Involve subjective lodg m. The final standard--tl) Scope and
sarcoma in both rats and mice at VC ment. Likewise, the projections of indus application. Both the ET8 and the pro
exposure concentrations of 0 ppm in try. labor, and others concerning feasi posal would apply the standard to the
dicates that if a metabolite of VC is the bility are essentially conjectural. Indeed, . entire VC Industry, Including manufac
ultimate carcinogen, then it must be as Firestone has suggested, it is not pos- turers of VC and PVC and fabricators,
generated at lower exposure concentre- -slble to accurately predict the degree of but excluding employers handling or
tlons m these species. Although this re Improvement to be obtained from en using fabricated products made from
search may be helpful to the thorough gineering changes until such changes are VC.
understanding of the carcinogenicity of actually implemented.
There is no dispute that a standard is
VC, it appears that it does not yet offer We agree that the PVC and VC estab required for the monomer and polymer
evidence which can assist In determina tion of safe exposure concentrations for employees, or even that such safe ex posures exist.
A number of witnesses representing employers have stressed that there Is no evidence of cancer, either in employees or experimental animals, at exposure concentrations of VC less than SO ppm. (See e.g., testimony of Firestone, Tenneco Chemicals.) The conclusion of these witnesses was that no decision can be
lishments win not be able to attain a 1' Industries. However, the Society of Plas
ppm TWA level for all job classifications tics Industry (SPI) and various fabrica
In the near future. We do believe, how tors (see testimony of Goodyear, Gen-
ever, that they will. In time, be able to . erel Cable, etc.) recommended that.
attain levels of 1 ppm TWA for most job classifications most of the time. It is ap
. fabricators be excluded from the stand. art, or that a separate requirement be.
parent that reaching such levels may re established for them because many of
quire some new technology and work practices. It may also be necessary to utilize technology presently used in other
Industries. In any event, the VC and PVC
them were already at or below the pro posed celling level.
The record evidence establishes that at least some employees In the fabricat
industries have already made great ing Industry are exposed In excess of the
made concerning risk of exposure to VC strides In reducing exposure levels. (See permissible control limits (See NIOSH
at concentrations less than 50 ppm.
testimony of Dow Chemical Co, TR 973). testimony. TR 106; Robintech TR 642).
On the other hand, the testimony of For example, B. F. Goodrich testified - to these circumstances, we believe that It
most expert witnesses, including some in dustry biomedical experts, stated that
quantification of a safe exposure con centration is not possible with the pres
. (TR 1120) that it has reduced average exposure levels in several PVC plants from 35-10 ppm early this year to 12-23
is imprudent to grant a blanket exemp tion for an fabricators. Therefore, the final standard is applicable to the fabri--
ent state of scientific knowledge. (See ppm at the time of the bearing. We are cation industry, as well as the monomer
FEDERAL REGISTER, VOL 39, NO. 194--FRIDAY,. OCTOBER 4. 1974
ucc
060221
V
RULESAND REGULATIONS
35S93
and polymer industries. Employers who. - temperature' at' FVC. for' further pro- below the action level, no further moni
in fact, an substantially below Hie ex - cessing, fpd1'-**--- that a potential for re- toring is required unless the employer posure liaatt Q be subjected to only - lease of the residue still exists, it ap has reason to suspect that any employee iwintTwri burdens by virtue of the ''action pears that the exemption of fabricated ' is exposed in excess of the action level,
level" to be dbcumed below.
-products Should be limited to just those or ntiiim changes have been made in
Where employer! in the fabricating Items which will not undergo such mass production, process, control, type of resin,
industry hayc exposure approaching the permissible limit, they will appropriately
beating. Further, the opportunity to demonstrate that exposures are below
etc. . Where the exposure level, without re
be subject to the standard. Employer* the action level, and thus, discontinue gard to respirators, exceeds the permis
handling or using fabricated products mini duties of the standard, provides a sible levels, monitoring must be conduc
made of PVC were not included in the more positive control and an adequate ted at least monthly. Where exposures
ETS or the proposal and are excluded relief.
ere less then the permissible levels, but
from the final standard. This conclusion (3) Permissible exposure limit. The greater than the action level, monitoring is based on the absence of adequate evi standard sets an exposure limit of 1 ppm must occur at least quarterly, v .
dence of exposure to VC in these opera averaged over any $ hour period, and a (5) Method* of compliance: The stand
tions- The final standard clarifies the ex Mining of S'ppm averaged over any per ard, like the proposal, requires that em
emption by defining a fabricated prod iod not exceeding IS minutes.
ployers immediately institute feasible
uct as a product made wholly or partly As more fully discussed above, this engineering end work practice controls
from PVC which dose not require further limit is based on an evaluation of the best to reduce exposures to at or below , the
processing at temperatures, and for available evidence and on a lodgment ' permlMtble exposure limit... , . ' '
times, sufficient to cause mass melting of that the health and safety of employed Where feasible engineering and work
the PVC. SPI and others (cf. TR. *44) must be protected to the fullest extent practice controls will reduce exposures
requested that PVC resins with leas than feasible. In view of the fact that release below the permissible levels, they must
0.1 percent residual monomer be ex-, of VC In the VC and FVC manufacturing be instituted. Where such controls will
empted from the regulation now, and proceasee are variable, the 1 ppm celling not reduce exposures below the permis
that the exemption level be-reduced to level provided in the proposal would sible level, they m'vt nonetheless be im
0.01 percent In three years. SPI suggested require maintenance of an average level plemented to reduce exposures to the
that the exemption of materials with less ignto.ntiy more difficult to attain lowest practicable level, and be supple
than 0.1 percent of 14 carcinogens from through feasible engineering centrals. mented by the use of respirators to pro
29 CFB l10.83p (39 FR 3756) was an Therefore, the exposure limit prescribed vide the necessary protection. There
appropriate precedent. The cases are not in the proposal has been rejected.
upon, a continuing program of engineer
comparable, because no attempt had been (3) Action level. The final standard, ing and work practice controls must be
made to set air concentration limits for TMnfca the ETS and the proposal, pro Instituted to reduce exposures to the low
the 14 carcinogens. The record did not vides for an "action level" of 0.5 ppm est practicable level. When exposures are
Include information that reliable moni TWA. one-half of the permissible ex at or below the permissible exposure
toring and measuring techniques were posure limit. The purpose of the action limits, the program may be discontinued.
available. Moreover, the exemption did level is to minimise the'impact of the In addition, a plan for achieving con
not exempt airborne traces of carcino standard on the employers who have trol by engineering and work practice
gens. The administrative cutoff was pro attained exposure levels well below the methods must be drawn up and be made
vided to avoid regulation of materials permissible limit Thus, where the re available, upon request, to represent
about which there was no health haz sults of monitoring under paragraphs atives of OSHA end NIOSH.
ard information, and which would have (d)(1) or (d)(2) demonstrate that no We recognize that many employers
broadly extended the application of the employee is exposed in excess of 0.5 covered by the standard can not cur
regulation beyond the record. Herein, ppm TWA, employers may, in effect, he rently achieve compliance with the per
no information was presented to show exempted from some provisions of the missible exposure limit solely by the use
safe concentration results from the use standard. For example, fabricators who ' of feasible engineering and work practice
of resins with specific levels, indeed, the are be'ow the action level are not re controls. The record also reflects broad
proposal to change the level later, when quired *e provide medical surveillance or generic distinctions between the compli
improved technology would permit such to monitor again, unless the employer ance capabilities at the VC and PVC
reduction, would seem to indicate that has reason to suspect that any employee industries. Some industry spokesmen,
SPI has doubts about the aafety of 0.1 - is 'exposed in excess of the action level. including SPI (TR, 358-362), recom
percent residue level. Diamond Shamrock Ip our judgment exposures below the mended that a schedule of different per-
(Exhibit 142) testified that there Is no action level do not present a sufficient mlsslle exposure Omits and compliance
direct relation. They Indicate that the hazard to warrant application of the en dates be established for the VC and PVC
airborne concentration Is more related tire standard to the many employers who segments of the industry*
to the physical Conn of the resin and are or will be below that level
This view assumes that the ability and
the ventilation provided. Also, monitor (4) Monitoring. The final standard, the time required to feasibly reach in
ing data from industry (cf. Exhibits 131, like the proposal, requires that Individual creasingly lower control levels is similar
168. 170) and OSHA (Exhibit 151) indi employee exposure levels be determined. within each industry, but differs mark
cate that levels in excess of 1 ppm may This may be accomplished by personal edly between industries. While the record
be found In fabrication operations, in or area monitoring. Some witnesses and does suggest that such differences do
view of these facts and of the opportunity persons who submitted comments did exist between industries, as noted above,
for employers to discontinue many duties not understand the meaning of the term it is clear that intra-industry differences
upon s showing of no exposures above the "95 percent confidence level" in the also exist Thus, the ability and time re
action level, it does not appear that any proposal. Essentially it means that the quired by each employer to attain lower
residue exemption Is either justified or employer is required to take a sufficient control levels may depend upon such
necessary at this time. This course also number of measurements so that the re factors as the climate in which the plant
agrees with a number of industry pro sults obtained ere statistically valid. We is located, the age of equipment the size
posals (cf. TR 650).
have modified the proposal to establish . of reactors, or the type of resin manu
SPI (TR 345), among others, asked accuracy range requirements for various factured or used. (Snell study. Firestone
that compounded PVC pellets be ex measurement levels. Then ranges are testimony, etc.)
,.
empted from the standard on the grounds narrow enough to ensure that a deter Monitoring date also tends to support
that the pellets bad too low a residue to mination of compliance can be made, and such intra-industry variations. (See,
cause harmful or measurable emissions. broad enough to allow the application ex Dow, Firestone, Tenneco.)
While it appears that PVC pellets would of a variety of technologic*
As noted above, the standard requires
have a lower residue level than virgin AH-covered employers sure required to all employers to institute feasible engi
PVC, the fact that the pellets must be conduct initial monitoring. Where moni neering controls to the fullest extent and
heated to a molten mass at the same toring and measuring results are at or to continue to Improve and apply engl-
FEDERAl REGISTER, VOL 39, NO. 14--FIIDAY, OCTOBER 4, 1V74
UCC
060222
35894
RULES AND REGULATIONS ' ~
neering control! until full compliance !! |f tho itftwififnawhtl toft1 || J)0t OQQ* tfitlOQS. TRi fhwMriiwiR fff tbflM
-
achieved.
trolled to the permissible exposure Halt, with NIOSH, It baa Indicated that It Is
We have not established any deadlines then employees must be afforded respira willing to ronslder on an expedited basis
for full iwHTitiawf!* throusb milrxniuf tory protection.
the approval of air-purifying respirators
control* because are presently unable While exposures In excess of the per for uae against VC. Consequently, we
to determine when it wOl be feasible for missible level do constitute a hazard, we bwve included three types of air-purify
most establishments to reduce exposure believe that It la necessary to mitigate ing respirators in the list of acceptable
levels to the permissible level.
some of the problems associated with unit*, auhjeet to the approval at such
We also believe that the requirement implementing a program of respiratory units by NIOSH. The maximum concen
that each employer reduce airborne con protection while employees are being tration for which each- respirator may
centrations to the permissible level, or fitted and trained In respirator use. and be used la based upon our evaluation
to the lowest level feasible as soon aa while other adjustments which may be of the data submitted by NIOSH and
practicable win provide for inter-indus required are Implemented. Therefore, Goodrich- Because air-purifying respi
try and Intra-Industry technological dif untQ January 1, 1876, where exposures rators do not Indicate sorbent exhaustion
ferences which do exist, and will avoid are not In excess of a 25 ppm celling, or breakthrough of VC, and because VC.
the setting of separate Industry stand each employer must provide each em has no inherent warning properties at
ards on the basis of the general situation ployee with an appropriate respirator. levels tor which these devices are used,
and conditions In each Industry.
However, employees whose exposures do strict administrative controls will be re
' (6) Regulated areas. The proposed not exceed a 25 ppm celling, may decline quired tor their nee. Such controls in
standard wduld have requiredthat regu to use the respirator, in which case the clude a program to assure timely re- ,
lated areas be established, that access be employer la not obligated to require its placement of canisters or cartridges and'
limited to authorized employees, and use. During this adjustment period, em an alarm system to alert employees when
that dally rosters or summaries of those ployees will be trained In the uses, pur vinyl chloride concentrations exceed the
entering be kept for at least 30 years, hi poses and limitation* of respirator*, and concentrations allowed for the particu
objection to these requirements, It was the haaards of exposure to tlnyl chloride. lar toP* at respirator in uae.
asserted that such control of access ns Moreover, each employee will be notified (A) Hazardous operations. This la a
not necessary from a health standpoint. . la writing if he baa been emoted In ex new.section within the final standard, it Secondly, it was claimed that these con cess of the permissible exposure limit. encflimpaaMS essentially, the proposal's trols would Interfere with operations by Where exposures exceed a 25 ppm cefl- requirements for maintenance .and de
preventing access of needed employees or son-employees, such as contractors, truck drivers, customer* and consultants.
The purpose of establishing regulated areas In the proposal was to limit fee risk of exposure to as few employees as possible. This concern Is still paramount, and thus the limited access feature re mains. The final standard amend* the proposal -slightly to allow "authorized persons'* to enter regulated areas. This change. It Is felt, will allow operations to
continue without undue Interference. The final standard has also Increased the length of time dally rosters must be
ins, respiratory protection la mandatory
Is light of our judgment that much
greater risks are associated with such
exposures.
The provisions In the final.standard
regarding the selection and um of respi
ratory protective devices differ from
those in the proposal. The descriptions at
atmosphere-supplying respirator* have
been revised to Indicate more dearly the
types of devices intended, ami the maxi
mum permissible concentration level for
each device. Moreover, the number of
types of atmoephere-supplyln" devices
has been increased-
.* .
contamination but baa restated them in
terms of performance language to allow
greater flexibility for employers to deal
with such operations. The intent of. the
new section Is to protect employee* en
gaged in activities that present a risk of
exposure to viny) chloride in excess of the
permissible levels. An example would be
the cleaning of a filter where resin con
taining high residual monomer is
trapped.
'
`
The' proposal's requirement for full-
body, Impervious clothing has been re
placed by the direction to use impervious
garments suited to the particular situa
maintained from 20 to 3d years. This change was based largely on epidemio logical considerations. (See NIOSH testi mony, tr. 118.)
(7) .Respiratory protection. The final
standard, like the proposal, requires the use of respirators where employee expo sures exceed the permissible control level. Industry representatives made a number
of objections to proposed requirements for respiratory protection. They stated that the "no detectable level" would ef fectively require continuous wearing of
respirators In FVC and VC plants, and that this Is not feasible because respira tors are cumbersome, present a safety
hazard, and employees would not use them.
We would agree that respirators have
At the hearing Mr. Edwin C. Hyatt, an
OSHA consultant, mad'- suggestions re
garding the use of par' 'll-- respiratory devices. We have conduced tnat his sug gestions are meritorious. Therefore, the
provisions for selection of atmospheresupplying devices follow closely the rec ommendations contained in his testi mony of SIT and B. F. Goodrich) (TR with Hyatt's suggestions. (See eg. testi mony of SPI and B. F. Goodrich) (TR
85 ff> We had originally omitted air-
purifying respirators because none bad been approved by NIOSH for use against
VC, principally because (hey lacked in dicators to signal the expiration of the service life of the sorbent. Hyatt and
other witnesses discussed in detail the desirability of being able to uae canisters
tion and probable extent of exposure. Thus, full-body dnthing fa' not always
necessary, and is therefore hot required where less protection Is adequate. Since vessel entry tolls within the definition
of a hazardous operation, the vessel entry section of the proposal has been deleted
from the final standard. (8) Emergency situations. The defini
tion of emergency has been recast in
terms of an unexpected massive release. The main objection to the section'on emergency situations in the proposal was
that, as the term was defined, many ordinary leaks or operations resulting in
a small release of vinyl chloride would be considered emergencies. This was not the Intent of the proposal. Tbs final standard has been clarified to^correct
many drawbacks: the proposal did not contemplate them as a final solution. The
record shows that the FVC Industry par ticularly may need several yean before
plant environmental levels can be re
or cartridge air-purifying respirator*, provided a sorbent could be shown to
effectively absorb vinyl chloride with an adequate service life. Recently, OSHA has received respiratory data from labo
this ambiguity, it should be noted that the written operational plan required by the standard need not be developed for minor excursions above the permissible
exposure limit, and-that such excursions
duced so that respirators are necessary ratories regarding the effectiveness of need not be reported. - -
only occassionaUy. However, we cannot commercially available canister* *pd (10) Signs and labels. The thrust of the, agree that respiratory protection should cartridges for vinyl chloride. These eval signs and labels section is to apprise
not be required simply because It Is in uations were conducted separately by employees of the cancer and fire haz
convenient, may require additional per sonnel, interferes with production, or may require extensive retraining of em ployees and restructuring of work prac tices. We have carefully considered all
NIOSH and by the B. F. Goodrich Com ards. No objections have been raised with
pany and submitted to OSHA In poetbearing comments. The results Indicate tint certain presently available cards-
.
respect to informing employees of the
fire hazard. However, a number of oblections were raised at the hearing and
In written submissions to the require
ten and cartridges effectively absorb ment that the word "cancer" appear on
the objections, and have concluded that vinyl chloride at relatively low eoncen- all signs and labels. The principal argu-
IWEAM. KEGlHEt, VOL **, NO 194--HWXAY, OCTOSES 4, 1974
UCc
060223
1
, ` v' ' v v- ' RULES AND IEGUIAT1 NS
'I * X'
/ 35S95
ment advanced against its use tns thst indicated that the medical tests proposed posal to the requirement for maintenance the term "cancer" or "cancer-suspect ere currently the only ones available of monitoring records and daily roster
- agent", scares employees and that In stead, the message should contain in
structions on how to deal with the sub stance CTO. *47). we believe that a
which ate useful far medical surveillance
(TO 131, Exh. 95, TO 589-591). Conse quently, the specific blood tests proposed
have been retained as a minimum re
Sheets of authorised persons for 30 years, tnit--ii of 30 years. Additionally, the em
ployer to required to maintain medical
records for the duration of an employee's
diluted form of waning will not suffice. We appreciate the concern of employers
with the reaction of their employees. But we consider It imperative that a worker
quirement to assist the --tT,,T'lrlT physi cian in determining fitness of potential employees for assignment to workplaces involving VC exposure. In addition, al
employment plus 20 years, or 30 years,
whichever to longer. The original pro
posal called for only 20 years.
This change has been implemented be
be fully informed, and that he realise the ternative medical examinations may be cause the latency period for Induct! n of possible risks Involved in bis occupation. used where the examining physician de angiosarcoma ranges up to 30 years from
Coupled with the training requirement termines that they are at least as good Initial exposure. Therefore, as a mini
In the standard, we believe that the signs as those specified by the standard.
mum, medical records must be main
and labels required will adequately in The Tabenhaw-Cooper study and the tained for at least that long. It should be
form employees of the haeard. In addle various aTMi experiments suggest that noted that spokesmen far both labor and
tton, such eigne will warn unauthorised VC may produce a wide spectrum of ma industry recommended that this change
personnel to keep out of regulated areas. lignant and nan-malignant disorders. be made.
The proper application of most protec The general scope of the required medical The reporting requirements are not
tive measures requires an amount of examination has, therefore, been broad Significantly different from those in the
training and indoctrination of employees ened to include kidneys, skin, connective original proposal. However, instead of
that cannot easily be conveyed on a sins tissue, spleen, and pulmonary system, as the requirement for reporting incidents
or label. Also, the variety of measures wdl as tbs liver. No additions! specific which result in the release of VC Into
that could be prescribed would result in procedures or tests are required, but rec areas where employees may be expoeed,
an unwieldly or excessively detailed teg- ommendations have been included in the the final standard clarifies our original
end. Consequently, the required menage Appendix to sestet the eamminlng physi intent by stating that only emergencies
on signs ind labels will not include in cian. Because of the nonspecific nature must be reported. Also the requirement
formation on precautions, relevant of the required medical , testa, it to not for filing a detailed, written report
symptoms, etc. The addition of suitable appropriate to prescribe timing, or type within 15 days bas been deleted. It has
information by the employer would be of followup testa, or to mandate with been concluded that submission, within
permitted, providing It does not detract drawal from exposure based solely on re 24 hours, of an initial report that in
In any way from the required statement sults of the tests. Instead, the employer cludes facts immediately available, would
The requirement in tire proposal for to required to obtain a statement from ordinarily be sufficient. However, If the
containers of vinyl chloride has the TMniwtr physician of the em OSHA Area Director requests furuter in
been amended by deleting the reference. ployee's suitability far continued expo formation relevant to the emergency, the
' to the possible hazard of violent polym sure, when the examining physician has employer will be required to furnish such
erization. Very little information was completed such tests as he considers ap information. .
developed on this hazard during the propriate. The employer to required to (14) Deleted portions of the proposal standard-setting procedure. It does ap withdraw an employee only when this The proposal contained provisions re
pear that this hazard is essentially under control and that the fire and carcino
genic hazards at present are the most significant. Since labeling or placarding that 1$ in compliance with the UJ3. De partment of Transportation regulations
(49 CFR Part 173; Subpart H) already
warns of the fire hazard, only a state ment concerning the carcinogenic haz ard need be added to the Department of
Transportation labels.
statement indicates that the employee quiring that shower faculties and change
may be at added risk teem continued VC rooms be provided, and that storage or
exposure.
consumption of food be prohibited in
As with monitoring, there appears to regulated areas. We have deleted these
be no basis for complete exemption of the' provisions because it to our conclusion
fabrication industry from the require they are no longer.necessary. Showering
ment for medical examination. The rec `'emties are not required because pro-'
ord does show fabricating establishment? tet-Hve clothing, where required by the
with concentrations of VC monitored final standard, should protect employees
considerably above the action level. In from akin absorption by direct contact
these Instances, medical surveillance of with VC and because there to no reliable
(11) Medical surveillance. The princi affected employees will provide baseline evidence that VC vapor to absorbed
pal questions that have been raised re data for future evaluation of their health, through the skin. In addition, since we
garding medical surveillance are the even if both monitoring and medical sur anticipate that most employees will not
necessity and efficacy of requiring cer veillance are discontinued because Im he wearing protective clothing and that
tain specific serum enzyme determina proved controls reduce concentrations employees who wear protective clothing
tions (SMA-12 series) end the applica below the action leveL Where exposures will change such clothing infrequently, tion of medical examination require are below the action level, the medical we are not requiring that change rooms
ments to the fabrication segments of the surveillance requirements do not general be provided.
Industry where employees are exposed to
lower levels of VC. The objection has also
been raised thst the specification of tests
and procedures interferes with the ap
plication of advances in medical knowl
edge.
\
ly apply(12) Training. A separate provision for
employee training has been added to the final standard rather than including it within the section on emergency situa tions as in the proposal The new para
In addition, we feel that there to In adequate evidence showing that hazar
dous amounts of VC can be absorbed through ingestion. Bor this reason, the
requirement prohibiting the storage or consumption of food in regulated areas
A particular difficulty in considering graph provides for training of employees bas been deleted.
medical surveillance is that the meet concerning the carcinogenic hazard of The proposal also contained provisions
commonly discussed lesion, angiosar VC, emergency procedures, the need for on maintentanoe and decontamination,
coma of the liver, currently cannot be monitoring and an annual review of the transportation loading and unloading,
diagnosed until the victim to terminal standard. It also provides for training of and polymer handling operations. These
and, usually, within months of death. employees concerning the purpose for, requirements are not mentioned in the
Precursor physiologic' alterations, which proper use of, and limitations connected final standard because attention to these
might be reversible, have not yet been with respiratory protection. .
items to implicit in the requirement that
directly associated with the lesion. Con (13) Records and reports. The provi each employer reach the permtosable ex
sequently, there are no specific diagnos sions for recordkeeping contained in the posure limit or attain the lowest feasible
tic tests which can be prescribed which final standard require the preparation level.
will determine presence or absence of Slid
ot --tbc stmt (15) Effective date. In order to ensure
this tumor at an early stage of develop information required by the proposal .that affected employers and employees
ment. However, most medical witnesses The major change from the Original pro- will be Informed of the existence of these
FEDEKAl gEOISTEI, VOL. J*. NO. 19--aiDAY, OCTOSEt 4. 1*74
ucc
060224
I
`"S "
I - 35896
'RULES AND REGULATIONS
i-
':
- t* w Vs*
proTlsloas sad Ifra* employer* affected of the operation or bceause of an acd- opportunity to observe the monitor-
ire given an <nnwwM'"*iy to familiarize dent in the operation, which would result ing and measuring required by this
themselves and their employees with the in an onployee exposure In exces of the paragraph, j
existence of the new requirements, the .permissible exposure limit. -
' te) Nepalated area, Q) A regulated
effective
at the
to (8) "OSHA Area Director" means the area shall be established where:
< 1810 93c win be January 1,1975. To pro- Director for the Occupational Bafety a) Vinyl chloride or polyvinyl chloride
Tide continued protection to employees and Health Administration Area Office is manufactured, reacted, repackaged,
instil that date, the prarhdons currently having Jurisdiction over the geographic stored, handled oruaed; and fW.n-wi in 11910-lSq are hereby urea in which the employer's establish* (til Vinyl chloride concentrations are
promulgated, pursuant to section 8(b). ment is located.
in excess of the permissible exposure
8(c) and 8(c) of the Occupational Safety <91 "Polyvinyl chloride" means poly- limit.
and Health Act, as' an occupational vinyl chloride homopolymer or copoly* (3) Access to regulated areas shall be - safety and health standard effective mer before such is converted to a fabri- limited to authorized persons. A dxlly - ,
October 4, 1974. - the amendment to cated product: -
- mater draff be made of authorized per- -
f 19lO.P3q set out below win supersede <10) "Vinyl chloride" means vinyl sons who enter. `
these provlsfasB as of January 1, 197$. chloride monomer.
(f) Methods at compliance. -Employee.
Acco-dingly, upon consideration of the <c) Permissible exposure Kmtt. til Ho exposures to vinyl chloride shell be con-
whole record of this preceding. Part 1810 employee may be exposed to vinyl chlo- trolled to at or below the permissible exof Title 29, Code of Federal Regulations ride at concentrations greater than l ppm porare Bmlt provided In paragraph (el
Is amended, effective January 1, 1975, by averaged over any 8-hour period, and of this section by engineering, work prac-
revltion of i 1910JOq to read as follows: (31 No employes may be expoeed to tice. snd personal protective controls as
_
finyl
t OODentlttlODI fflTUfflT foIlDVr
"
S ? 910 -101.7 .Vinyl Chloride
mans ppm averaged over say period not fl). nosfbie engineering and work
() Scope and application. (1) This exceeding 1$ minutes.
practice controls bn immediately be
section Includes requirements to the (3) Mb employee may be upland to used to reduce exposures to at or below
control of employee exposure to vinyl vtnyl chloride by direct contact with .the permissible exposure limit. -
chloride (chloroethene), Chemical 41k Squid vinyl chloride. -
(3) Wherever feasible engineering and
tracts Service Registry No. 7501S.
(<D Monitoring. (1) A program of work practice controls which can be in-
(2) This section applies to the manu- initial monitoring and measurement stituted immediately are not sufficient to
facture, reaction, packaging, repacks*- shall be undertaken in each establish- reduce exposures to at or "below the per-
leg, storage, handling or use of vinyl ment to determine if there is any cm- mlsslble exposure Umlt, they shall none-
chloride or polyvinyl chloride, but does ployee exposed, without regard to the use tbelms be used to reduce exposures to
not apply to the handling or use of fxbri- of respirators, in excess of the action the lowest practicable level, and shall be _
cated products made of poly vinyl chlo- leveL
--- -
supplemented by respiratory protection* 1
ride.
(31 Where a determination conducted in accordance with paragraph (g) of tbu -
(3) This section applies to the trans- under paragraph (d> (1) of this section section. A program shall be established
portation of vinyl chloride or polyvinyl shows any employee exposures, without and Implemented to reduce exposures to '
chloride except to the extent that the regard to the use of respirators, in ex- at or below the. permissible exposure
Department of Transportation may cess of the action level, a program to de- Umlt, or to the greatest extent feasible,
regulate the hazards covered by this sec- tennlntag exposures to each such em- solely by means of engineering yriA work
tion.
- ployee shall he established. Such a pro- practice controls, as soon as feasible.
0 DefinLtitms. a) "Action lever gram: -
C3) Written plans to such a program
means a concentration of vinyl chloride (17 Shall be repeated at least monthly shall be developed and furnished upon '
of 0.5 ppm averaged over an 8-hour work where any employee Is exposed, without request for
and copying to
day.
V regard to the use of respirators,'in ex- nntharlt&I reprgnltlp nfypn Ai. -
<2> "Assistant Secretary" means the cess of the permissible exposure limit. tent Secretary md the Director. Such
Assistant Secretary of Labor for Occupa- til) Shall be repeated not less than plans bn he unlisted at least every six tional Safety and Health, US. Depart- quarterly where any employee Is exposed, imU
ment at labor, or his designee.
without regard to the use Of respirators. <g) Respiratory protection. Where'
(37 "Authorized person" means any
in excess of the action leveL
respiratory protection is required under
person specifically authorized by the em- (111) May be discontinued to any em- this section:
Player whose duties require him to enter ployee only when at least two eonsecu- (l) The employer-- shall provide a
a regulated area or any person entering tive monitoring determinations, made not respirator which meets the requirements
such an area asa designated represents- less than 5 working days apart, show ex- of this paragraph and shall assure that
ttve of employees to the purpose of ex- posures for that employee et or below the employee uses such respirator except
erclsinx an opportunity to observe monl- the action leveL
that until December 31,1975 wearing of
toning and measuring procedures.
(3) Whenever there has been a pro- respirators shall be at the discretion of
(4) "Director" means the Director, duetion, process or control change which each employee for exposures not In exNational Institute to Occupational may result in an increase in the release cess of 25 ppm, measured over any 15Eafety and Health, U.B. Department of of vinyl chloride, or the employer has minute period, until December 31 1975
Health. Education, and Welfare, or his any other reason to suspect that any em- each employee who chooses not to wear
designee.
ployee may be exposed in excess of the an appropriate respirator
be hi
ts) "Emergency* means any occur- action leveL a determination of employee formed at least quarterly of the hazards
rence such as, but not limited to. equip- exposure under paragraph (d> (1) of this 0f yjnyl chloride and the purpose proper
ment failure, or operation of a relief de-
section shall be performed.
use. and Ww.i**in, of Mnfratoiy
vice which Is likely to, or does, result in (4) The method of monitoring and devices.
masstre release of vinyl chloride.
measurement shall have an accuracy (2) Respirator* shall be selected from
() "Fabricated product* means a (with a confidence level of 95 percent) of among ihote Jointly approved by the
product made wholly or partly from not less than plus or minus 50 percent Mining Enforcement and Safety Admin-
polyrinyl chloride, and which does not from 0.25 through 0JS ppm. plus or minus tstratton, Department of the Interior,
require further processing at tempera- 35 percent from over 0.5 ppm through and the National institute for Occupa- '
turns, and for times, sufficient to cause L0 ppm. and plus or minus 25 percent tlonal Sefety end Health under the pro
mass melting of the polyvinyl chloride over 1.0 ppm. (Methods meeting these visions of 30 CFR Part 11.
resulting' in the release of vinyl chloride, accuracy requirements are available in (3) a respiratory protection program -
(7) "Hazardous operation" means any the "NIOSH Manual erf Analyticalmeeting the requirements of (1910.134
operation, procedure, or activity where a Methods"). ,
shall he established and maintained,
release of either vinyl chloride liquid or
Employees or their designated rep- (4> Selection of respirators for vinyl
gas might be expected as a consequence resentatives shall be afforded reasonable chloride shall be aa follows:
FEDERAL REGISTER, VOL 39, NO. 194--FRIDAY, OCTOBER 4, 1974
ucc
060225
RULES AND REGULATIONS
ir>
35897
(vl) The purpose for. and a descrip
tion of, the medical surveillance
program;
(rli) Emergency procedures; '
(vili) Specific Information tp aid the,
employee in recognition of conditions
which may result m the release of vinyl
chloride; *H|1
i
(lx) A review of this standard at the
employee's first training and indoctrina
tion program, and annually thereafter.
(2) All materials relating to the pro
gram shall be provided upon request to
the Assistant Secretary and the Director, r <k) licdical wurvemanea. A program
of medical surveillance shall be Insti
tuted for each employee exposed, with
out regard to the use of respirators, to
; vinyl chloride in excess of the action
rlsveL The program Shan provide each
such employee with an opportunity for
examinations and lasts tn accordance
with this paragraph. AH medical ex
aminations and procedures shall be per
formed by or under the supervision of a
licensed physician, and shall be provided
without coat to the employee.
(I) At the time of Initial assignment,
or upon institution of medical surveil
lance; (1) A general physical examination
shall be performed, with specific atten
tion to detecting enlargement of liver,
(5) (1) Entry Into unkovrn concentra " ?2)~Protective garments shall he'pro
tions or concentrations greater than vided dean and dry for each use. .
36.000 ppm dower explosive limit) may ' (1> Emergency situations.' A written be made only lor purposes ol life rescue; operational plan for emergency sltua-
. dons shall be developed for each facility
til) Entry Into concentrations of less storing. wnsU"y or otherwise using
than 36.000 ppm. but greater than 3,600 vinyl chloride as a liquid or compressed
ppm may be made only for purposes of life rescue, firefighting, -or securing
gas. Appropriate portions.of the plan shall be Implemented m the event of an
equipment so as to prevent a greater emergency. The plan shall specifically
hazard from release of vinyl chloride.. provide that:
<6> Where air-purifying respirators .. (1) Employees engaged in hazardous
Are used: U> Air-purifybv cranlsten or car-
tridges shall be replaced prior to the
expiration of their service life or the
end of the shift M which they are first used, whichever occurs first, and
(ii) A continuous monitoring and alarm system shall be provided where
ancen(rations of vinyl chloride could reasonably exceed the allowable concen
trations for the devices in use. Such sys
tem shati bs used to alert employees when vinyl chloride concentrations exceed the
allowable concentrations for the devices In use.
(7) Apparatus prescribed for higher concentrations may be used for any lower
concentration. (h) Hazardous operations. (1) Em
ployees engaged In hazardous operations, including entry of vessels to clean poly
vinyl chloride residue from vessel walls,
shall be provided and required to wear and use;
operations or correcting situations of ex isting hazardous ' releases shall be ' equipped as required In paragraph (h) of this section;
(2) Other employees not so equipped shall evacuate the area dn& not return until conditions are controlled by the
methods required in paragraph (f) of this section and the emergency Is abated.
(J). Training. Each employee engaged in vinyl chloride or polyvinyl chloride operations shall be provided training in a program relating to the hazards of vinyl chloride, and precautions for Its safe use.
(1) The program Shall Include: (1) The nature Of the health hazard from chronic exposure to vinyl chloride
including specifically the carcinogenic hazard;
til) The specific nature of operations which could result in exposure to vinyl chloride in excess of the permissible limit and necessary protective steps;
(1) Respiratory protection In accord
til) The purpose for, proper use, and
ance with paragraphs Cc) and (g) of limitations of respiratory protective
spleen or kidneys, or dysfunction In these
organa, and for abnormalties In skin,
connective tissues and the pulmonary
system (See Appendix A).
(II) A medical history shall be taken.
Including the fallowing topics: -
(A) Alcohol intake:
(B) Past history of hepatitis;
(C) Work history and past exposure
to potential hepstotoxic agents, includ
ing drugs and chemicals;
CD) Past history of blood .transfu
sions; and
....
(E) Fast history of hospAT'lzations.
(III) A serum specimen eh.n be ob
tained end determinations t vie of:
(A) Total bilirubin; .
(B) Alkaline phosphatase;'
(C) Serum glutamic oxalacetic trans
aminase (SOOT);
(D) Serum glutamic pyruvic transam
inase (SOFT); and ...
() Gamma glustamyl transpeptidase..
(2) Examinations provided In accord
ance with this paragraph shall be per
formed at least:
(1) Every 6 months for each employee
who has been employed in vinyl chlo
ride or polyvinyl Chloride manufacturing
for 10 years or longer; and
<H> Annually for all other employees.
(3) EaCh employee exposed to an
emergency shall be afforded appropriate
medical surveillance.
(4) A statement of each employee's
suitability for continued exposure to
vinyl chloride including use of protec
tive equipment and respirators, shall be
obtained from the examining physician
this section; and
-devices;
(11> Protective garments to prevent
shin contact with liquid vinyl chloride or with polyvinyl chloride residue from
Vessel walls. The protective garments
(lv) The fire hazard and acute toxic ity of vinyl chloride, and the necessary protective steps;
shall be selected for the operation and (v> The purpose for and a description
promptly after any'examination. A copy of the physician's statement shah be pro
vided each employee. (ft) If any employee'* health would be
materially Impaired by continued ex
Its possible exposure conditions.
of the monitoring program;
posure, such employee shall be with-
FEDEtAl MCtSTet, VOL 39, NO. 194--TODAY, CTOIER 4, 1974 -' -
ucc
060226
I
* . 7 -j.
i?
tULES AND REGUtATIONSj "
Iran possible contact iU itari
<*) lAbomiczy assJ^es for all tdo>
logical spacemens Hf|nifc|1 in wofla)
aiiall he performed In btho-
y*ii*4it licensed lll|l>f 43 CfR Fart 74. (7> ji the euidElDi phyfein deter-
sins that alternative medical rwTntna-
tions to those required by paragraph
of this section will provide at
least equal aasuiaace of detecting med-
leal eaadiriana
to the exposure
to vinyl chloride, the employer may ac
cept such alteruaLike eywmtnatfcms as
meeting the requirements of paragraph
ewi which contradicts or detracts fran
the effect of, any Tequtrad warning, totamstkm or instruction. .....
Gal Accords. (11 All records mainigiiiM in inm<Miw> with this section
*.n tv--the f-- and social secu
rity number of each employee where
relevant
(3) -Records of required monitoring
mi measuring, medics! records, and au-
,, thorized personnel rosters, shall be made
and be available upon request for
examination and qopying to authorized
representatives at the Assistant Secre-
UlTiiulUifiDlnctQL
. (ii) The numbex at employees ia eech .regulated area during normal operations. irwlndlny maintenance , .
(3) Emergencies, and the facts ob tainable at that time, shall bo reported within 24 hours to the OSHA Area Di rector. Upon request of the Ana Direc tor. the employer shall submit additional information in writing relevant to the nature and extent of employee exposures and measures taken to prevent future emergencies of similar nature.,
(3) Within 10 working days following any manitoiing and measuring which Atrinna that any employed, has been
-
CD til of this section, if the empjorer
(1) Monitoring and measuring records exposed, without regard to the use of
obtains a statement Iran the examining
respirators In. excess of the permissible
physician -- n*'if forth the alternative examinatioES ->* the rationale for snbfHettnen. This atatemeat shall be aval!-able upon request far exminattoh_and copying to authorized repi leiutstlvri of
(A) State the date of such monitor ing and measuring and the concentre-, tfona determined and Identify the instru ments and methods used; - .
CB) Include any additional informa
exposure limit, each such employee shall be notified in . writing of the results of the exposure measurement and the steps being taken to reduce. the exposure to
the Assistant Secretary and the Director. tion necessary to determine individual within the permissible exposure limit.
' employee exposures where such expo (o) Elective dates. (1) Until Janu
sures are determined by means otherindividual monitoring of employees;
and
ary 1,1073, the provisions currently set forth In |1910B3q of this Fart shall
(CD Be maintained for not less thaw apply.
30 years.
-. (2) Effective January 1,1075, the pro
(HI Authorized personnel roster* shall visions set forth in { 1910.93q of this Part
be maintained for not less than 30 years. shall apply.
(lit) Medical records shall be main- tained for the duration of the employ
Amoans A--Suwlxmzhtsit Mdical
ment of each employee plus 30 years,
jar 30 years; whichever is longer. -
- Whan required tests wader paregrmph
(3) Ih the event that the employer ceases to do business and there is no
successor to receive and retain his rec
ords tor the prescribed period, these rec ords shall be transmitted by registered
(X) (IT at this section, show abnormalities,
tor tests Should be repeated es soon as prac ticable. preferably within I to 4 weaka. It tests remain abnormal, consideration should
be given to. withdrawal of tbs employes from
contact wtth vinyl chloride, while a more
mall to the Director, and each employee eomprebenrfva- examination Is made '
individually notified fn writing of this Additional tests which may be useful;
transfer. <4> Employees or their designated
-representatives shall be provided access
[to and copy records of required monitoring and measuring. 1 (3) Former employees shall be pro
A_ tar kidney dysfunction: urine-examina tion tor albumin, red blood ceils, and ex
foliative abnormal cells. B- Pulmonary system-. Forced vital capac
ity. Farced expiratory volume at ] second end chest roentgenogram (poetertor-enterior,
14 X IT Inches).
vided access to examine and copy re C. Additional serum teste; Lactic add de
quired monitoring and measuring records hydrogenase. lactic add dehydrogenase
i reflecting their own exposures. (g) Upon written request of any em
ployee. a copy of the medical record of
that employee shall be furnished to any physician designated by the employee.
! <n) Reports, (l) Not later than 1
month after the establishment of a reg ulated area, the following information
iaoensyme. protein determination, end protein electrophoresis.
D. Tor e more comprehensive examination on repeated abnormal serum tests: Hepstitis B antigen, end liver scanning. -
(Sees. 4 end 8. 84 Stmt. 1268; 1569 (38 SAC. 85S, 857); Secretary of Labor's Order No. 13-71,38 f* 8754)
shall be reported to the OSHA Area Di Signed &t Washington, D.C., tills 1st
rector. Any changes to such information day of October, 1974.
shall be reported within 15 days. CD The address and location of each
establishment which has one or more
Johw Stxksu, Assistant Secretary o/ Labor.
regulated areas; and
[PR Doc.74-23176 Filed 10-1-14;3154 pm]
-TV.
FS>3AL REGISTER, VOL 39, N . 194--FRIDAY, OCTOREK 4, 1974
ucc
060227
(1) Signs and labels. (1) Entrances to regulated areas shall be posted with legible signs bearing the legend:
Cancer-Suspect Agent Area Authorized Personnel Only
(2) Areas containing hazardous operations where an emergency currently exists shall be posted with legible signs bearing the legend:
Cancer-Suspect Agent in This Area Protective Equipment Required Authorized Personnel Only
(3) Containers of polyvinyl chloride resin waste from reactors or other waste contaminated with vinyl chloride shall be legibly labeled:
Contaminated With Vinyl Chloride
Cancer-Suspect Agent
(4) Containers of polyvinyl chloride shall be legibly labeled:
Polyvinyl Chloride (or Trade Name) Contains
Vinyl Chloride Vinyl Chloride is a Cancer-Suspect Agent
(5) Containers of vinyl chloride shall be legibly labeled either:
(i) Vinyl Chloride Extremely Flammable Gas Under Pressure Cancer-Suspect Agent
or (ii) In accordance with 49 CFR Parts 170-189 with the additional legend:
Cancer-Suspect Agent
applied near the label or placard.
(6) No statement shall appear on or near any required sign, label or instruction which contradicts or detracts from the effect of, any required warning, information or instruction.
ucc
060228