Document K6067z7E9kJmBp3e07V5LRbZK

TO: Safety Directors FROM: DATE: Interoffice Communication SUBJ; T, G. Grumbles May 16, 1986 OSHA ENFORCEMENT OF HAZARD COMMUNICATION STANDARD VISTA Recent enforcement activity at the LCVCM Plant and the chemical industry in general clearly shows that OSHA is enforcing many portions of the Hazard Communication Standard as if it were a specification standard, as opposed to a performance standard. Specifically, many of the MSDS content and hazard determination requirements are being enforced based on OSHA interpretations that certain specific items must be present on the MSDS and in the written hazard determination for company products (i.e., ALFOLS). What does this mean to us? Enclosed is a citation received at the VCM Plant after OSHA reviewed the hazard determination and MSDSs for plant products. Item 8 of the citation is the one which has potential impact for all locations. OSHA is interpreting the cited paragraph to mean the chemical producer must identify in a positive way on all MSDSs if a chemical is an NTP, IARC, or OSHA carcinogen. OSHA has suggested a "check box" type arrangement as being best to meet this requirement. The affect of this method for hazard communication is debatable but that's how OSHA is interpreting and enforcing the standard. I am currently considering how to best meet this requirement for Vista product MSDSs. Several companies have contested this specific citation and this OSHA interpretation may not hold in court. If OSHA wins, the MSDSs we are using in-plant would probably have to meet this requirement as well. In anticipation of OSHA's interpretation holding I'll reissue the consolidated carcinogen list with specific source references by each carcinogen. You should be considering how to revise your in--plant MSDS's if necessary. I think Ashby has done it and could share his solution. A revised hazard determination procedure for Vista products has recently been sent. Thomas G. Grumbles ajo/9 Attachment cc WLM, MMG VVV 000017056 Vista Chemical Company Lake Charles VCM Plant VCM Plant Rd, P.O. Box 60S CERTIFIED MAIL # 241 411 068 RETURN RECEIPT May 9, 1986 Westiake, Louisiana 70669 Phone (318) 494-5000 Mr. Paul J. Hansen Area Director Baton Rouge Area Office OSHA-USDOL 2156 Wooddale Blvd, Suite 200 Baton Rouge, LA 70806-1486 VIS1A N , . ,/ rr- Dear Mr. Hansen: This letter is to confirm our understanding of the agreed method of compliance with the citations settled on in the Informal Settlement Agreement executed on May 2, 1986 (copy attached). Items 2 and 7 of the citation will be abated by immedi ately proceeding to amend the Vista MSDS to contain the OSHA Permissible Exposure Limit for Ethylene Dichloride. The abatement date was extended to June 30. Item 5 will be abated by immediately proceeding to modify container labels for VCM Plant hazardous products by adding the company name and address to the label. Plant procedures will be implemented to assure no container leaves the workplace after the June 30 abatement date without the modified label. Item 8 will be abated by immediately proceeding to modify the five Material Safety Data Sheets listed to indicate whether the hazardous chemical is listed in the latest NTP annual report, listed by IARC, or regulated by OSHA as a carcinogen. The abatement date was also extended to June 30. As discussed at the conference, we would appreciate you sending us the OSHA interpretation letters regarding the requirement of 29 CFR 1910.1200(g)(2)(vii), specifically how the identified carcinogen sources are to be indicat ed. We appreciate the time given to Vista to discuss and reach settlement on the citation. Sincerely, S* R. Ashby Safety Director kf cc: RAC -TJSti-WLM 000017067 VVV U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION In the Matter of: OSHA No. (s): Vista Chemical Company 101806461 - T1655-283 -- Other Citation #1 INFORMAL SETTLEMENT AGREEMENT The undersigned Errployer and the undersigned Occupational Safety and Health Administration (OSHA), in settlement of the above citation(s) and penalties which were issued on April 22, 1986, hereby agree as follows: 1. The Erplcyer agrees to correct the violations as cited in the above citations or as amended belcw. 2. The Errployer agrees to pay the proposed penalties, if any, as issued with the above citation(s), or, if amended by this agree ment, as amended be lew. 3. The Employer and OSHA agree that the following citations and penalties (if any) are not being amended by this agreement: 4. OSHA agrees that the following citations and penalties are being amended as shewn (see attachments): wv 000017058 5. The employer, by signing this informal settlement agreement, hereby waives its rights to contest the above citation(s) and penalties, as amended in paragraph 4 of this agreement. 6. Hie employer agrees to inrediately post a copy of this Settle ment Agreement in a prominent place at or near the location ot the violation/s referred to in paragraphs 3 and 4 above. This Settle ment Agreement most remain posted until the violations cited have been corrected, or for 3 working days (excluding weekends and Federal Holidays), whichever is longer. 7. Each party hereby agrees to bear its own fees and other ex penses incurred by such party in connection with any stage of this proceeding. NOTICE TO EMPLOYEES The law gives you or your representative the opportunity to object to any abatement date set for a violation if you believe the date to be unreasonable. Any contest to the abatement dates of the citations amended in paragraph 4 of this Settlement Agreement must be mailed to the U.S. Department of Labor Area Office at 2156 ttooddale Boulevard, Hoover Annex Building, Suite 200, Baton Rouge, LA 70806, within 15 working days (excluding weekends and Federal Holidays) of the receipt by the Ehiployer of this Settlement Agreement. You or your representative also have the right to object to any of the abatement dates set for violations referred to in paragraph 3 provided that the objection is railed to the office shewn above within the 15 working day period established by the original citation. VVW 000017059 U.S. Department of Labor <f> OccuMfon*1 Saiety trio H*ith A/jminisiralior' Citation and Notification of Penalty Eaton Gouge Area Cffiop 21V.. irooclJelc paulevard, Suitrr 210 niton touge, LA 70806-1436 504/385HO474_______ The woiin(> described in itxs ---------- I,," Cnalwn are ane90 to have oc curred on or aooui the day the inspection was made unless otherwise stoicaied within thfe description given beiow. Vista Qxardcol Gxpary end its successors P.O. tax 60S Westlake* 1A 70669 -- ------ t*. Hem MseiSar .r!!' { w .-Lr'.-r-* - '?*. &Mw4~fW*atien ~ ------- MrOesaipton Ssctn ot the Act VMMtrt JlJLJzs 5/16/36 29 erst 1910.1200(d) (2) t - Ctaedfial manuf cr erg>loyer %te evaluated.a Aadal hazard did scientific evidence concerning % and c--o--nvs*id. -er<vthe avaUafcft .- iWra.Vir'ta W-V (a) Ethylepe-'tslchloride for signs of exposure data not cnly exposure. -'r> ' Moxatic teid fbr signs of egysure data not cnly signs of over exposure. ,\V- , { ... u .v -*' V/3o/*C 29 CFR 1910.1200(d) |3) Chemical CBnufactnrer. inporter, cr aplcyer who evaliuted ctatdcalg did not treat the following sources as establishing that the ^esilcals listed in then are hazardausi ./?' (i) CFR Art 1910. Stfepart. S. Ttacic and Hazarttois Substance.?' Ooafstianal Safety and Health Adrajnlstratian (C8H&) ; (a) Ethylene bichloride - '- - _! v 23 UK 1910.1200(d)(4); Chedcal namfactuxers. irportexs^asTecplcyers evaluating cfaicals did not treat the foilwing sourcee''as establish ing that a chemical is a carcinogen arf^pstfetial^cazcinogcn for hazard .ccramleafelon purposes: (i) !Iational Tfcodcology Prcfezgn'fSg&K Annual Report cn Carcinogens (latent edition); (ii) International Agenc^^br Research on Cfencer (IAPC) Monogropiis (latest edition); (ill) 2S Ci'y terj^-iSlQ, Bubpart S, Toxic and Hazardous Substances. Ocarpaticnal^agety end Health ftdrinistratior.: la) LtLv'larfj Cichlcnd'.* 5/16/8f $0 $0 $0 occupational Safely ana Heann Administration v Citation and Notification of Penalty Bator Rouge Area Office 2156 liooddule Boulevard, Suite 200 Beton teuge, LA 70EQC--14 26 504/36^-0474 1 Type ol Violations) I 2 Citation Number The v>o<ai>on(s) Oescribed ID this Citation are auegea to nave oc curred on or about the day me inspection was made unless description given oeiow 9. issuance Date 4/22/86 5. Peporuno IQ 6257UC 4. Inswciion Numoe* 101006461 | B.CSHO 10 T1655 1 | 7. Optional Rapon no 203 I.P2aoeNo4. I1 9. To: Vista Caracal Gnpxny and its successors P.O. Beat 605 \testlake, IA 70669 12. item Numeer .13. Standam. Regulation or Section of the Act Violated 14. Oescnption 19. Oate by which Violation Must Be Abated 13. Penalty (b) \CM, Chloroctbere (c) Heavy fexte HXACH (d) Viryl Chloride light ends by-pgoduct (e) Vinyl Qilorlde Honcrner 2S C7P. 1910.1200(d) (5): Qicplcnl ranufi who evaluated cherricala did not deterrire/ chemicals. She written procedures c was not established injl labeling of Vista. 5/16/S5 Lion of fixtures `inaticn and (a) hds EDC/V34 Vinyl Chloride light ends by-products. 29 CfH 1910.1200(f)(l)(iii)t Cheirical ranufacturer, inporter, or distributor did not ensure that each container of hazardous chemicals leaving the workplace is labels, taoged ex rarked with the infomation specified in 29 CFR 1910.1200(f)(l)(i)r (ii>, aoi (iii): fr/Wl**7 labels lacked the nare and address of the cberdcal manufacLurei for: ?0 so (a) vinj'i Chloride (b) Vinyl Chloride licht ends. (c) ZDZ/VZtl heavy endu. OcCuMl>onaiPStei* nd HeaHh A3mimsirK> Citation gnd Notification ot Penalty ` hseor. Rouge Area Office 2156 tJcoddal-J lougc, IA Suite 7CS0Cr-14B6 504/3?-0474 The violation!*} OescribeO m ihrs 1 T>pc 0* Violll'CnIil Citation a> alleged 10 have oc curred on or about the day I he '-Ami?" 4. inspection Nure# H 131906461 ]j| S. HeooMino 10 62570U ,-,m? f 7. Opiionai Report No 293 . Rage No is ^ ot ^ description given Detow. Vista Q*mioal Ccrpany and its successors P.O, Bax 605 HutlaKe, Ul 70669 12. Rem NtfTtMr a Slandenl Regulation or Sedan or the Act Violated (Jbdljd^> 29 CT?. 1910.1200(g) (2) (iv) x Each material safety contain at least tte specified 1a 29 (iv)t ta sheet did not 1910.1200. IB. bate Xn wrch fiC Penarr Violation Musi t -iV- -/ _Bo Abated \ ^5/23/36 $C * health hazards of the hazardous cheodcalf^lrfcludla;'signs and aya^ari.ee Qf exposure, and any TOWtHewl + Wtidl are generally recognised as being aggravated by aqpceure to the chemical. The signs of expense data fast be Included on rateri&l safety data sheetscnly signs of overexposure. (a) Ethylene Dtehlarlde-nas inhalation (central nervous systec , depresslory-^nausaa), injesticn (vositing), skin ex eye contact (depretitis, and eye irritation)# and skin absorption (pancal, opacity). \ (b) Acid has lshalartia (inflaaraticn, ulceration of tbe-nose, ulceratico of the throat)# injesticn (ooogh and J*hn throat), skin or eye contact (chcfcing, turning eyes# akin densatitis). ' : - 7 29 CPR 1910.1200 (g)(2)(vi)t &ch xaterial safety data riseet did not contain at least the information specified in 29 0?R 1910.1200 (g)(2)(vi)< (a) The QSKA peixilssihle exposure limit for Ethylene Cichlorioe. 8 29 CTR 1910.1200(g)(2)(vii): Each material safety data sheet did not cos t/iir. at least the information specified in 29 CTR 1910.1200(s)(T) (vii): tJiother the hazardous chemical is licted in the National -'.nacology Program U*7F) Annual Report of Chrcinogons (latest edition) or has been found to be a potential carcinogsi in the Interned .MUiAiun oo Cancer (IARC) Monogrsrs (latest oditlons), ax by CCI3t ;L 0 k';. i > *.v' (b) Qvlorogthgne (c) Wn E2X/\01 W) Vinyl Chloride Light Ends By-Product (e) Vinyl Chloride Wawer. j 29 GJi i910.12C0(g)(2)(x>i Each gaterial safety data sheet"did rot I certain at least the infestation specified in 29 CF3--I9i0.12QO{g)U) * (xl) The date a preparntlco of the caterlat-aafety data sheet or ! the last change to its "' 1 (a) Hydxorfiloric Acid (3r tiisous Solution) (b) Heavy aids (c) vtionyyll^Quoride Light Bids Pf-Product (d)^SCh Giloroethene (e) Ethylene Dichloride. 5/23/?l $0 (p V* 0 ^1 VISTA CHEMICAL COMPANY INCENTIVE COMPENSATION PLAN Name T. G. Grumbles__________________________ PositionEnvironmental Quality Manager Division Biomedical & Environmental AffairfeocatjonHouston _______________ Submitted Approved Approved a ,,>sL / OBJECTIVES Date --- Date Date 5!&/&> so 'tkk**/ F%? .y GOALS & OBJECTIVES RATING Rated By Rated By Final Rating PERFORMANCE RESULTS Outstanding Exceeded Below Achievement Achievement Achievement Achievement INDIVIDUAL EFFECTIVENESS RATING Rated By ____ Rated By Final Rating Exceptional Competent Needs Improvement RATER'S OVERALL COMMENTS (Optional): Date: FOR ELIGIBLE PARTICIPANTS OF DISCRETIONARY BONUS FUND ICP Award Recommended?: _______ Yes No If No, comments: Part B Award Recommended?: _____ Yes _______ No VVV 000017064 If Yes, attach Worksheet: Recommendatlon/Part B Fund of the Discretionary Bonus Fund. VISTA CHEMICAL COMPANY INCENTIVE COMPENSATION PLAN VVV 0 0 0 0 1 7 0 6 5 GOALS & OBJECTIVES Objectives by Key Result Areas To assure compliance with regula tions governing new product develop ment, recordkeeping and reporting, and existing chemical control by performing a Toxic Substances Control Act (TSCA) Review of Vista Operations. Minimize waste production at Vista manufacturing facilities. Activi ties to include: a. Define Vista policy and scope of program. b. Form interdepartmental task group (Manufacturing, Engineer ing, R&D, and Environmental) to direct program, c. Define Initial tasks such as a waste inventory to accomplish waste minimization. To assure compliance with Depart ment of Transportation regulations, work with S&T and Manufacturing to develop a regulatory audit program. Activities to include: a. Defining scope of program to include sample shipments and bill of lading procedures. b. Prepare an audit criteria and written guidelines. c. Schedule audits. A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A Results Nama Thomas G. Grumbles Comments__________________ A iA AA AA AA AA AA AA AA AA AA AA AA AA AA A* AA AA AA AA AA AA AA AA AA AA AA A ;* AA AA AA AA AA AA AA AA AA AA VISTA CHEMICAL COMPANY INCENTIVE COMPENSATION PLAN Nama GOALS & OBJECTIVES Objectives by Key Result Areas Develop capability to produce Material Safety Data Sheets in-* house by utilizing the Printronix printer. Activities include: a. Identifying and reviewing candidate software systems. b. MSDS format and actual form design. c. Development of standardized MSDS language. A * * * A A A A * A * ________________ Results___________________________ A A A A A A A A A A A Assured compliance with OSHA Hazard * Communication Standard product * labeling requirements by working * with Manufacturing, S&T, and Public * Relations to develop labels and * logistics for labeling. a A v. 9901X0000 A** Assisted in negotiating a cost-* it sharing agreement with Conoco for * it costs incurred to continue the * it ground-water assessment project at* it the LCCC. * AA AA it A AA it A it A AA AA AA AA AA AA AA AA Comments A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A Visto Chemical Company 15990 N. Barker's Landing Rd. Post Office Box 19029 HoustonJexos 77224 Phone (713) 531-3200 May 14, 1986 Mr. B. I. Raffle Supervising Counsel Environmental & Engineering Group Conoco Legal Department P.0. Box 2197 Houston, TX 77252 VIS1A Certified Mail Return Receipt Requested Mr. H. J. Neeld Director, Environmental Programs Environmental Conservation Conoco Inc. P.0. Box 2197 Houston, TX 77252 Certified Mail Return Receipt Requested RE: U.S. v. Conoco EC-84-37-NB-D Gentlemen: Pursuant to the Asset Purchase Agreement dated as of July 20, 1984, among E.I. Du Pont de Nemours and Company, Conoco Inc., and Vista Chemical Company, and the Consent Decree entered in the above action, we hereby provide notice of recently-discovered information which may lead to the filing of an Environmental Claim. Due to laboratory instrument failure at the Aberdeen Plant, PVC slurry samples have been sent to the LCVCM Plant for analysis since May 8. Initial results received for the May 8 samples are erratic, high and low, exceeding the normal range of slurry RVCM levels. Analytical problems are suspected as the cause for these erratic results and action is being taken to resolve the problem. However, the problem may occur in other RVCM analysis results from the LCVCM. Please contact me to discuss this matter. Sincerely, Thomas G. Grumbles, C.I.H. Environmental Quality Manager ajo/8 cc: W. L. McClain J. C. Ledvina J. Friend VVV 000017067