Document LJ5zKkQ83RzqYEeD5NpyeE3LX

CURRENT REPORT 429 The study was conducted by the Health Research Gro;.p and a major conclusion cited was that labor's push (or oc cupational health remains hampered by a severe shortage of union health experts, and by low health budccts. The HUG surveyed 15 major unions representing more than seven million workers prone lo chemical hcalili hazards because of the particular industry. The unions surveyed in cluded: Communications Workers of America. International Association of Machinists and Aerospace Workers. International Union of Electricians. International Brotherhood of Painters. United Auto Workers. Oil. Chemical and Atomic Workers. International Chemical Workers. United Electrical Radio and Machine Workers. United Mine Workers. United Paperworkers. Textile Workers. United Rubberworkers. American Federation of Government Employees. American Federation of Stale, County, and Municipal Employees. The survey found only one full-time and four part-time medical doctors employed in occupational health in all IS un ions. "Compared with management's health personnel, the unions' forces are tiny. A 1969 study of more than 2.000 physician members of the Industrial Medical Association showed almost all employed by industry, and virtually no doctors employed by unions aside from 28 doctors in union clinics doing general health ciro delivery, not specifically occupational health." the study said. The 15 unions reported 11 full-time and 25 part-time nonhealth professionals working on international staffs, and in addition, the UAW listed 320 and the Steelworkers listed 800 field health representatives among rank and file. The OCAW noted two health representatives for each of its nine dis tricts, the report showed. The survey also noted that staff expansion plans for the future "seemed minimal." Despite the unions' shortage of medical personnel and money, the survey questionnaire recorded widespread union awareness of activity concerning health. Education and Monitoring Worker education appeared to be the most prevasive union health project, the survey showed. Several of the unions do workplace and employee monitoring, health surveys, and mortality or follow-up studies. Some 300 UAW plant representatives are trained to measure factory noise, carbon monoxide airflow, and the Autoworkers have inspected gray iron foundries, lead-acid battery plants and 200 other plants, the study showed. The Painters Union has a mobile unit to give physical examinations to members, arranged through a contract with the National Institute for Occupational Safety and Health, the American Cancer Society, and the Mount Sinai School of Medicine. The UE reported "uncovering hazards in several shops" and took steps to force correction. Several other unions said worker identification of hazards is encouraged. Ten of the 15 unions surveyed have run mortality surveys, including: medical examinations of 300 General Electric workers for exposure and effects of PCBs (polychlorinated biphenyls) at GE's Fort Edward and Hudson Falls plants in New York and checks of appliance plant workers for asbestos exposure (UE with Dr. Irving Solikoffs Mt. Sinai laboratory): mortality or morbidity studies of asbestos tex tile workers in Paterson. N.J., cotton textile workers in Columbia. S.C.. and dye and finishing workers :.-i Now Y-rk (Textile V orkers Union): noise and hearing loss lefts b\ Hie Paperworkers. mortality studies of painters morbidity studies of Rubberworkers exposed to siyrcne-buUidicnc. mor bidity studies in the railroad industry ilA.Mi. exposure studies of Steelworkers lo coke oven pollution, to wnyl chloride at Dow s Midland. Mich., plant, and tentatively to lead and arsenic iSieelworkersi. Also unspecified studies by the UAW and OCAW arc being conducted, the survey found Othar Findings The survey also showed increasing union activity m bargaining for safety and health improvements. Most unions covered by OS1IA were found lo participate in Review Com mission proceedings on violations Some unions, including the Steelworkers and the OCAW. arc very active, but three unions -- the IL'E. the UE. and the Communications \Xorxcrs -- have taken no part tn proceedings. The survey concluded that "our findings, however, are dis turbing" because worker health is not a top priority with many unions. "With wide variation from union lo union, the impression is that occupational health is gelling more atten tion today than it did a few years ago. but not enough." the study said, recommending that "a major union effort should go toward publicizing health problems and training members to spot and report problems to the union and to OSHA. Unfortunately, some unions seem to make Utile or no use of OSHA ... The exclusive concentration on workers compensation which has marked some unions' health efforts is a backward-looking policy," the survey said. 'enforcement OSAHRC REQUESTS SUPPLEMENTAL BRIEFS ON ASBESTOS RULES IN CONSTRUCTION WORK The Occupational Safety and Health Review Commission requested supplemental briefs on whether the monitoring and medical examination provisions of the asbestos standard are feasible as applied to construction work. This action was taken in Rrsrerrh Cottrell. Inc. 'No. 11756). which was directed for review by the commission on September 15. 1975. Review Commission Judge William J. Risieau affirmed citations for violations of 29 CFR 1910.1001. ifi <l> and tji (11. holding that the standards requiring monitoring and medical examinations apply to any workplace where asbestos fibers are released. The employer had argued that the standards were not applicable to construction projects like the worksite in question, because the employees' exposure to asbestos was minimal and of relatively brief duration. The commission's order requesting supplemental briefs noted that Secretary of Labor's publication on October 9. 1975. of a proposed asbestos standard applicable to general industry but not to the construction industry (Current Report, October 9. p. 572). In the explanation accompanying the proposal the secretary indicated an intention lo develop a separate asbestos standard for the construction industry and noted the uniqueness of that industry and the special com pliance problems involved. The commission order directed the parties to brief the question of "whether the Secretary's statements of October 9. 1975. may be construed as recognizing that the existing standard is infeasible and con trary to the requirements of [See. 6 ibl (5) of the Oc cupational Safety and Health Act) when applied to the con struction industry and consequently should not be enforced as to such industry." Caoytght ? 1976 by TH Burou at Noi'onol AI(o>m, lac. 2289 I Ok 430 OCCUPATIONAL S, ETY & HEALTH PORTER Briefing alto was requested on whether the provisions of 29 CFR 1910.1001 (O (1) expired on December 7. 1972. in view of the standard's language requiring initial monitoring "within six months of the publication of this section." Commissioner Timothy F. Cleary dissented from the com mission $ order, criticizing the majority for raising issues not presented by the parties. General Policy APPOINTMENT OF THREE NEW MEMBERS TO ADVISORY COMMITTEE IS ANNOUNCED The appointment of three new members to the National Advisory Committee on Occupational Safely and Health was announced on September 7. The new members are Nicholas Ashford. Center for Policy Alternatives, Massachusetts Institute of Technology, representing the public sector; Eugene Fowinklc. Com missioner of Public Health, state of Tennessee, also representing the public; and Ralph J. Vernon, department of industrial engineering, Texas A&M University, representing the safety sector. Three current members were reappointed to the com mittee. These members are Roger Wingate, senior vice president. Liberty Mutual Insurance Company; Paul Kotin, senior vice president for health, safety, and the environ ment. Johns Manville Corporation; and John J. Sheehan, legislative director. United Steelworkers of America. These members will serve a two-year term expiring June 30. 1978. Roger Wingate will serve during that period as committee chairman. Discrimination MEDICAL CLINIC AGREES TO SETTLEMENT IN JOB SAFETY DISCRIMINATION DISPUTE The Occupational Safety and Health Administration an nounced September 3 that it has reached agreement with the Arkansas Orthopedic Clime. Little Rock. Ark..in a job safety and health discrimination case involving an employee of the clinic. The voluntary settlement resolved a discrimination com plaint which alleged that an employee was discharged from her job because she filed a safety and health complaint with OSHA about job hazards in her place of employment. As part of the settlement, the clinic agreed to post a notice to employees for at least 60 consecutive days affirming the company's agreement to refrain from discrimination against workers who exercise their rights under the Oc cupational Safety and Health Act. The clinic also agreed to comply with terms and provisions of the notice, including notification in writing of actions taken to comply for the OSHA Operations Review Office-West. Procurement NIOSH TO ADD MUTAGENESIS STUDIES TO REGISTRY OF TOXIC SUBSTANCES Mutagenesis studies and data will be added to the Registry of Toxic Effects of Chemical Substances, according to a National Institute for Occupational Safety and Health re quest for proposal. The 197$ toxic substances list contains 19.218 chemical compounds of which only 34 are mutagens. The list includes chemicals with mutagenic eliects in humans and/or experimental animals, but most mutagenici ty studies use microbial or host-medicated assay procedures. Neither of these procedures falls under the whole animal selection criteria. "It is essential to re-examine the selection criteria for mutagenesis and to include the sub-mammalian assay system tested chemicals." KIOSH said in its RFP. The contractor chosen by NIOSH will be required "to iden tify, evaluate, develop selection criteria, and provide input of mutagenesis studies and data to the Registry of Toxic Effects of Chemical Substances file." NIOSH will use the list of mutagens not only for the registry, but also for the priority list, criteria documents, and assistance in determining occupational research needs, according to the RFP. Persons wishing copies of the RFP should contact the Con tracting Officer. NIOSH. Parklawn Building. Rm. 1-38.3000 Fishers Lane. Rockville. Md. 20852. The RFP due dale is September 1$. Kepone ALLIED EMPLOYEES ACQUITTED; JUDGE FINOS "REASONABLE DOUBT" Two Allied Chemical Corporation employees were ac quitted September 2 of a federal charge that they conspired to cover up the discharge of kepone into the James River at Hopewell, Va. "I simply am not satisfied beyond a reasonable doubt." I'.S. District Judge Robert R. Merhige. Jr., said. He heard the case without a jury. The charge involved the manufacture of kepone by Allied at its Hopewell plant between 1966 and 1974 (Current Report. September 2. p. 405>). The defendants, the manager of Allied's Hopewell plant and a technical supervisor, were the only remaining defen dants in a conspiracy indictment handed up by a grand jury in May. Two other Allied employees pleaded guilty to reduced charges and testified for the Government during the trial. Allied faces trial September 27 on a single misdemeanor count of conspiracy and 153 counts of aiding Life Science Products. Inc., in violation of federal water pollution laws, according to U.S. Attorney William B. Cummings. Procurement DEPARTMENT OF LABOR SEEKS STUDY OF JOINT CANCER INFORMATION PROGRAM A study to evaluate the Occupational Safety and Health Administration and the National Cancer Institute's joint oc cupational cancer inform, on and alert program is the sub ject of a U.S. Department of Labor request for proposal. The overall objective of the program was to provide for a review of scientific information on occupationally related cancer and the development of a plan for incorporating that information into an educational program aimed at reducing the risk of cancer. Requests for copies of RFP L/A 76-69 should be sent to the U. S. Department of Labor, Office of Administrative Scr- Occupational Safely & Health Reporter 2290 i i CURRENT REPORT Physiology as il relates to diving. Diving equipment. Additional recommendations adopted bv the commute? would require employers to be responsible for: Developing, maintaining, and complying with a sale practices manual. Providing necessary tools, equipment, and systems as outlined in the standard. * Recording and reporting job-related fatalities and serious illnesses, injuries, and accidents, and making records available to the Assistant Secretary for Oc cupational Safety and Health. * Following safe and healthful operational procedures as outlined in Ihe standard. Litigation TESTS. INSTALLATION OF EQUIPMENT SHOW "REASONABLE DILIGENCE." COURT SAYS An employer which retained an independent laboratory to test its pianl atmosphere for airborne asbestos and installed and maintained safety equipment as a result of the tests ex ercised "reasonable diligence" in attempting to furnish a safe workplace. This 2-1 ruling, issued August 26 by the U.S. Court of Appeals for the Sixth Circuit in Dunlop i>. Rockueif Intrrnaiidiial (No. 75-16721, affirmed an order of the Oc cupational Safely and Health Review Commission reported at 2 OSHC 1710. Rockwell operates a plant at Ashtabula. Ohio, where it produces brake shoes. Its production operation requires grinding of the brake lining material which contains asbestos A Labor Department inspection of the facility resulted in the issuance of a citation for serious violation of 29 CFR 1910.1001 and 29 CFR 1910.134<a)i2>. The cited stand ards delineate the allowable number of asbestos fibers in an employee s breathing zone at peak periods and during an eight-hour workday and require that respirators be provided, respectively. Rockwell contended that, by installing safely equipment, and by regularly maintaining and periodically checking that equipment, it exercised reasonable diligence and did not know that excessive and unhealthy amounts of asbestos fibers were in the brealhing zone of the grinding machine operator. The commission ruled that Rockwell had been diligent by retaining an independent laboratory totest the at mosphere in the plant for airborne pollutants. In addition, the commission found that the lest results indicated that on all three test dates. Ihe company's exhaust system was func tioning properly-and the level of asbestos fibers in the air posed no health hazard. There was substantial evidence of record supporting these findings, the court majority of Cir cuit Judge Anthony .1. Celcbrezze and Senior Judge Thomas F. McAllister. Jr., found. The majority also refused to find a nonserious violation of the standard, citing the Ninth Circuit Court s conclusion that knowledge is an clement of a nonserious violation i2 OSHC 1646i. Circuit Judge George Clifton Edwards. Jr. filed a dissent ing opinion in which he stated that the administrative lawjudge and the two commissioners who made up the commis sion majority totally ignored much additional relevant evidence which the secretary offered at the hearing. Accord ing to the dissenting judge, the commission's total dis regard of employee testimony was arbitrary, capricious, and G 307 an abuse of discretion He added ihat the disrer.-rord employee testimony would require a finding of serious -. i xalion Accordingly he would ' remand this case in the com mission for reconsideration on the basis of ail rather man part of the record." Tins decision will appear in a future Decisions supple ment. Litigation CLEARING LAND FOR GROWING GRAPES AFFECTS COMMERCE. NINTH CIRCUIT SAYS A firm that was clearing land in California s Napa V.d'.rs wilh Ihe inlenl of using the laud to grow grapes was encacvJ in a business affecting interstate commerce, ihe l\ S Court of Appeals for Ihe Ninth Circuit ruled. This unanimous decision in Richard Godnm r OS.MlRr (No. 75-2196. decided August IS) reversed a ruling of th*- Oc cupational Safety and Health Review- Commission. Mures Knlrrjirisrx. hie. (3 OSHC 1015'. The appeal to the circuit court was taken by an employee of Lcs Marcs who lost three fingers in an accident that resulted from Hie hazard cited hy the Secretary of Labor Employees of Lcs Mares were using a guillounc-liko tog splitter to cut up trees that were being cleared from ;hc land. Despite repeated employee complaints and accidents, the employer's superintendent required the workers to put more than one log in the splitter at once, which increased the hazard to the worker holding the logs, because he had to place his hands close to the blade of the splitter. The secretary charged Les Mares with a violation of Section 5 la) (]) of the Occupational Safety and Health Act. the general duly clause, and proposed a penalty of 5600 The employer contended that it was not "engaged in a business affecting commerce" and therefore was not subject to the Act. as provided in Section 3 i5> of the Aci Rn icu Commission Judge Robert N. Burchmorc rejerted ilus jurisdictional defense, but on review the full commission held Lcs Mares exempt and vacated the citation, with one commissioner dissenting Employee Godwin s appeal followed The court, speaking through Circuit Judge James M Carter, lirst noted that Congress use of the pnrase ''affect ing commerce " indicates an intent to exercise its power over commerce to the maximum extent ' Clearing land is an integral part of the manufacturing of wine, and therefore commerce is affecled by the activity." Judge Carter said. Hodpson r. Eu-mp (451 F 2d 526). a Fair Ijbor Standards Act case, held that clearing brush for improvement of agricultural land could be regulated by Congress he noied The fact that grapevines had not been planted is not signifi cant. according to Carter "Les Mares' act.vity. lakrn together with land clearing by others, would surelv aitcci commerce if unsafe working conditions were utilized, he added, citing the 1975 Supreme Court ruling m Fen e United Suites 1421 l`S 542i. U.S District Judge James M. Burns joined in Jutice Carter s opinion. Circuit Judge Waller Ely "reluctantly concurred, stating that "to me it is virtually unthinkable that the Founding Fathers could have toresecn the extent to which an increasingly expansive interpretation of the Commerce Clause could so infringe local authoniy " However, the court s decision is compelled by prccedcni. Ely conceded. This ruling will appear in a future Decisions supplcmoni Copy'igUt : 197( l-y 7ltr Cyirou pi Notionpl Atfptri, Inc 2291 44G jre.i office level. Inibus said. However, in the case of very serious repealed violations involving j multi-establishment eniplnvrr. OS11A should be able lo cite for repeated violations on a nationwide basis, he said. Thus. 0SI1A could cite as a repeated violation excessive lead exposure occurrinc at one eumpanv plant and base Dial citation on prior lead violations which occurred at another plan! of the same company. Obviously, this last part of the plant would be reserved for special cases, tmbus explained. The approach fives OS11A a flcxihihlv. he said. Deck said he originally preferred the Irnbus proposal but in studvinp it further, he said it is "an administrative night* mare." Ilecause the subgroup was unable to agree, the issue will be discussed by the enure committee at the next NACOSH meeting tentatively set for November 18 and 19 in Washington. D C. . NEP Update "There will be a National Emphasis Program," Bruce llillenbrand. assistant director of the program, declared in opening his report lo NACOSH. Training for some 500 area directors, state supervisors, state and Section 7(cKlt con sultants. federal and slate plans officers, and monitors was scheduled to get underway on September 14. he said. In preparing to launch NEP. Hillcnbrand said OStlA has identified all hazards in the foundry industry and has classified them as serious or nonsenous. For additional guidance to compliance officers, OSHA has suggested abatement times for the violations as well. About GO percent of the foundries targeted for the NEP ef fort arc small in size. Hillcnbrand noted, and OSHA recognizes that abatement limes for these foundries may have to be longer (or some violations than the abatement period given to larger foundries. OSH A will be seeking engineering control of hazards, but it admits that these will not at wavs be economically feasible. "We are compromising on compliance." Hillcnbrand concluded. Other Business In other business. NACOSH Chairman Roger Wingate. Liberty Mutual Insurance Company, combined the policy and budget subgroups into one unit chaired by John J. Sheehan, legislative director. United Steelworkers. Other members of the new policy and budget subgroup are: Miles Colwell. Aluminum Company of America: George H. R. Taylor. AFL-CIO Standing Committee on occupational safetv and health. Eugene Fowinkle. Tennessee Commissioner of Public Health, and attorney Barry C. Brown. Culwoll was named chairman of the standards subgroup. Other members are Sheehan. Deck. Mary Amdur. Harvard University Department of Physiology, and Ralph J. Vernon. Texas A L M University Department of Industrial Engineer ing The compliance subgroup will be headed by Deck. Other members are Taylor. Imbus. Paul Kotin. Johns-Manville Corporation, and Nicholas Ashford. Massachusetts Insulate of Technology. Center for Policy Alternatives. General Policy O'BRECHT SAYS BUSINESS COMMUNITY DEALING "POORLY" WITH OVER REGULATION The problem of the business community is not unnecessary legislation, but "misdirected efforts to cure legitimate wrongs." Richard O'Brechl, director of labor law. U.S. I JL OCCUPATIONAL SAFETY & HEALTH REPORTER Chamber of Commerce, told the Asbestos Information Association industry-government conference in Washington. D C.. held on September 9 and 10. The business community is facing "overrcgulation ' by the Occupational Safety and Health Administration and other agencies "because of its own failings," he said, citing the necessity for placing the "problem in perspective." O'Brechl compared the "social phenomenon" of the labor movement to business' problems with regulatory agencies. He said the labor movement began because of "abominable working conditions." with 12-year olds being killed in the mines, and working 12-to 16-hour days for Jl. The movement was not accepted immediately by society or business and was called a "communist" ploy, he said. The movement eventually gained acceptance and. in fact, became tne "darling" of the press. O'Brecht said, adding that labor brought to light genuine social abuses and the movement was placed in the role of correcting those abuses. The success of the labor movement has leveled off. he ex plained. because "they are making up causes to go after." the purpose has been achieved, and the movement is becom ing excessive in its demands. lie compared the growth of regulatory agencies, like OSHA. to the labor movement. These became the "fourth branch of the Government" and were "picked up by Nadertype groups" and also became the "darling" of the press. "Now these agencies have become excessive and. hopefully, will level off." he said. After placing the situation "in perspective," he emphasiz ed that the business community is dealing with the problems of overregulalton "very poorly" at regulatory inception. Business' approach is disunited, often on an industry-by-industry basts, sometimes company-by-company. he said The approach is "very seldom positive, or anticipatory." and is reactionary and antagonistic. The worst problem is that business is not challenging the regulators enough in public forums lo point up deficiencies, he said. Proper Aoproach Business should work with regulators, mid-level policy making bureaucrats, to provide information needed: challenges should be made both in administrative hearings and in court to use rulings to "restrict ways they can aet" or maintain the status quo. he said. Business should predict or correct regulations before they became a "cause celebre." O'Brecht said the business community should identify the key person on any Senate committee in Congress with jurisdiction over a certain issue and concentrate on that Senate committee to make use of "the pinnacle of political clout" since these committees "have confirmation power." X i / Asbestos Standard OSHA still is considering inclusion of the construction in dustry in a revised standard for asbestos exposure. Grover Wrenn. OSHA Office of Standard Development, told the group. The construction industry was excluded from the initial revision last fall due to time constraints. Wrenn said. However. OSHA has not made a final determination to in clude the construction industry. According to Wrenn. some 70 to 80 percent of all asbestos products are used in construc tion activities. The revised asbestos rule, proposed by OSHA in October 1975.. would reduce the permissible exposure limit to an eight-hour time weighted average of 0.5fibers per cubic cen timeter of air. Permissible exposure levels for the construc tion industry would remain at 10 fibers per cubic centimeter. Oeeuoo'ionol Salat? & Htalth Raperier 2292 CURRENT REPORT 447 according to the proposal (Current Report. October 9. 1975. p. 572). Wrenn told the conference that OSHA recently contracted with the Research Triangle Institute to develop alternatives for handling asbestos in Ihc construction industry. The pro ject is expected to last four to six months, he said. Tetrachloroethyleno NlOSH RECOMMENDS CEILING LIMIT OP 100 PPM FOR SUBSTANCE EXPOSURE A ceiling limit of 100 parts per million, as determined by a 15-minutc sampling period, was recommended for oc cupational exposure to tctraehloroethylenc by the National Institute for Occupational Safety and Health. The institute made its recommendations in a criteria document submitted July 2 to Ihe Occupational Safety and Health Administration (Current Report. July 8. p. 1881. The NlOSH recommendations appear in the Full Text sec tion of tins Current Report. Logging WORK PLACE STANDARDS RECOMMENDED BY INSTITUTE IN CRITERIA DOCUMENT Safety for togging should be promoted through adherence to safe work practices, employee training, medical services, posting of logging areas, and use of personal protective equipment, according to recommendations by the National Institute for Occupational Safety and Health. NlOSH made its recommendations for logging safety in a criteria document submitted July 1 to the Occupational Safe ty and Health Administration (Current Report. Julv 8. p. 190). The NlOSH recommendations appear in ihe Full Text sec tion of this Current Report. Arsenic ERRORS IN IMPACT STATEMENT CITEO BY INDUSTRY SPOKESMEN AT HEARING The Occupational Safety and Health Administration's in flation impact siatement on its proposed inorganic arsenic standard seriously underestimates the standard's possible economic effect on industry, a team of witnesses for ASARCO. Inc., told a hearing on the impact siatement in Washington. D.C.. on September 13. The impact statement, prepared for OSHA by Arthur Young and Company, estimated that adoption of the propos ed standard would result m an impact of approximately $273 million in capital cosis and approximately $56 million in an nual operating and maintenance costs (Current Report. June 10. p. .'17). In addition, the statement estimated that employment would decline bv about 3.000 workers if Ihc proposed ex posure limit of 0.004 milligrams were adopted. The number would increase to 3.700 if ASARCO's plant in Tacoma. Wash., were forced to close. Ravmdra M Nadkarni. Arthur D. Little. Inc., testifying on behalf of ASARCO. told the hearing that the econometric model on which Arthur Young based its findings contains erroneous assumptions about ASARCO's Tacoma operation. and about the world arsenic market The model icm.ri-. me lact Hut Tacoma is a cupper smeller and runsnJcrs il side!y as an arsenic producer "wlm will delihcrutclv v.,rv dir smelting rale ' to reap maximum profits from ihc sale of arsenic trioxide From this assumption, the impact stalemeni concludes that the sincltcr would choose in operate at about half its rated capacity as a result of cost of compliance with the OSHA standard. In reality, any smelter has to operate close to rjtcd capacity to mtniniirc operating costs. Nadk^rm said Tnc'ima would not be able to recover us costs if it oerre.isnl ns production to 50 jicrccm of its capaeny Arihur Young s calculations also ignore ihc fact th.n the Tacoma operation is Ihc only dumcMic produrer of smeller assuming instead that there are numerous dnmrsnr n-.ai! sellers, none ol which can directIv control the price of arsenic. Nadkarni said Its assumption dial ihc world market also is composed of numerous small sellers none of which can control arsenic prices, similarly is incorrect In considering die cost of meeting the proposed standard, the impact statement considers onlv labor cost' which would increase by only 3 percent. Nadkarni said II ignores unit fixed costs, which would increase bv 6-t percent. The impact statement s estimation of the unemployment (hat would be generated by adoption of (he standard ignores significant indirect impacts. Nadkarni said For example, any production cutbacks resulting from adopimn of the stan dard likewise would affect industries furnishing ASARCO with materials. In turn, this would affect companies supply ing ASARCO's suppliers. Reduced consumption 'pending by the unemployed also would have an effect on the economy. Based on this "domino effect." total unemployment resulting from adoption of Ihe standard more likely would be 13.700.no 14.800. rather than 3.700 as Arihur Young es timated. Nadkarni said. IHEA Testimony Olhcr "severe errors m input" in the Arihur Young impact stalemenl were eiled bv Knowlion J. Caplan. president of In dustrial Health Engineering Associates. Inc Caplan criticiied Arthur Young's assumptions that Current exposures at ASARCO plants exceed the current exposure limit of 0.5 milligrams of arsenic "hi many in stances " The use of "clean rooms" in smelters would reduce ex posure lo arsenic. Figures from two studies (one by IHEA. another by L> B Associatesi could be combined to estimate cost' of com pliance reliably in the Tacoma plant s roaster operation Even if Ihc use of an econometric mode! by Arthur Young is appropriate, results of the impact statement are so "highly in error" that the only method of correcting ihcse results is to re-do the entire task. Caplan said Tacoma Plant ASARCO might be forced to consider closing down its Taruma smeller if ihe proposed standard is adopicd. Simon D Sirauss. executive vice president of ASARCO. told the hearing Each of ASARCO's facilities must "be judged on its own to constitute an economically viable unit." Sirauss said Con tinuing the Tacoma operation when massive expenditures for controls make this course of action unprofitable "is con trary to this vitally important policy." Already. ASARCO is laced with an expenduure of $90 million lor sullur oxide emissions control and $6 9 million for arsenic emissions control, for future compliance with local pollution control regulations. Sirauss said. These costs Coy*9^` V 1976 by TK* Bu'tau of No*onel Affair*, Inc. 2293 983 sonnei in following program! involving radioactive sub stances. The guidance is limited to respiratory protection, and docs not include information on absorption, swallowing, wound injection, or the use of head. eye. or skin protective equipment. The manual may be purchased from the National Technical Information Service. 5285 Port Royal Road. Springfield. Va. 22161. for $6.00 in paper copy or lor $3.00 in microforms Orders should include the NTIS publication number PB-258 052.0GA. Publications MANUFACTURING CHEMISTS GROUP REORGANIZES TECHNICAL PUBLICATIONS The Manufacturing Chemists Association announced a reorganization of its technical publications program to reflect current developments in safety and health, including the suspension of circulation of some chemical safety data sheets. Chemical safety data sheets on styrene monomer (SD-37) and toluene tSD-631 were withdrawn from circulation for a revision of first aid recommendations, and data sheets for benzene iSO-2>. carbon tetrachloride (SO-3). and chloroform iSD-891 were withdrawn to undergo major revisions. The association also announced a price increase for several technical publications. As of January 1. 1977, chemical safety data sheets will cost $3.00 per copy, and Cargo Information Cards and Chem-Cards will be priced at $0 25 each. Further information on the association's publications may be obtained by writing to the Manufacturing Chemists Association. 1825 Connecticut Ave., N.W.. Washington. D.C. 20009. Publications NORTH CAROLINA EMPLOYERS' GUIOE IS AVAILABLE FROM INFORMATION SERVICE The "Occupational Health Program Guide for North Carolina Employers" is among currently available publications from the National Technical Information Ser vice of the Department of Commerce. The 26-pa ge guide outlines the scope and objectives of an occupational health program, and gives attention to such facets of a program as job placement, health evaluations, recognition of hazards, evaluation of hazards, and control methods. A discussion of protective equipment is included, as are the most frequently cited standards violations. Sum maries of OSHA standards and registry numbers of several carcinogenic substances are presented, and listings of oc cupational health services and information conclude Ihe booklet. The document, which contains some illegible portions, is available for $4.00 in paper copy only from the National Technical Information Service, 5285 Port Roval Road. Springfield. Va. 22161. Orders should include'the NTIS publication number HRP-0005971/7GA. Radittion Expotura "Occupational Radiation Exposure at Light Water Cooled Power Reactors. 1969-1975" also is available from NTIS. The 25-page repprt is a compendium of occupational radia OCCUPATIONAL SAFETY & HEALTH REPORTER tion exposures at commercial power reactors cooled by water The period covered is from 1969 through 1975 The document may be obtained from NTIS for S3 50 in paper copy or for $3.00 in microforms. Orders should include the NTIS publication number PB-257 054/7GA. Alaska STATE STANDARDS APPROVED FOR SAWMILLS. PULPWOOD LOGGING The Occupational Safely and Health Administration ap proved Alaska's safety and health standards for sawmills and pulpwocd logging on December 28. Notice of the approval was published in the Federal Register. The notice stated that the state standards were identical to the federal standards for wood production, with the exceptions of grammatical improvements and addi tional state original standards. The standards supplement and the approved state plan may be inspected and copied during normal business hours at the following locations: Office of the Regional Administrator, OSHA. Room 6048. Federal Office Bldg., 909 First Ave.. Seattle, Wash. 98174. Slate of Alaska. Department of Labor. Office of the Commissioner. Juneau, Alaska 99801 Technical Data Center, OSHA, New Department of Labor Bldg.. Room N3620. 200 Constitution Ave.. N.W.. Washington, D.C. 20210. Virginia OSHA DISMISSES REJECTION PROCEEDINGS AGAINST STATE SAFETY AND HEALTH PLAN The Occupational Safety and Health Administration and the Virginia Commissioner of Labor and Industry reached agreement that proceedings to reject Virginia's state oc cupational safety and health plan should be dismissed, and Administrative Law Judge Rhea M. Burrow granted the mo tion to dismiss on October 26. Virginia took steps to amend its proposed plan after OSHA announced its intention to reject the state plan in 1974. The Assistant Secretary of Labor for OSHA approved the amend ed plan on September 28. 1976. Both parties moved for dismissal because the rejection proceedings were moot. The action was made official on December 28. SLIOE SHOW ON DANGERS OF ASBESTOS SOLO BY OIL. CHEMICAL. AND ATOMIC WORKERS A portable slide-and-tape show on occupational use of asbestos and what workers can do to protect themselves is being sold by the Oil. Chemical, and Atomic Workers Union. The 30-minute, audiovisual presentation, "Asbestos: Fighting a Killer." is for sale for $125. In it. workers, physicians, and union representatives describe the medical consequences of exposure to fibrous asbestos and explain the federal regulation designed to protect workers. Interested persons should write OCAW, 1126 16th St.. NW. Washington, D.C. 20036. Occupational Salaty & Health Raporrtr c 1082 OCCUPATIONAL SAFETY & HEALTH REPORTER Caterpillar refused to comment on the cases. Indications arc it will light the claims, in court if necessary, rather than make any immediate settlement that could cost the firm millions of dollars, according to spokesmen from both the company and the union. An effort was begun in September by United Auto Workers Local 974 to provide the first significant challenge under the Illinois workers' compensation law. which was changed in July I97S to allow monetary awards for only partial hearing loss Since there is no specific criterion in the law defining hearing impairment llic arbitrator must make a decision based on a physician s testimony that the hearing loss is oc cupationally related. The union in September hired consultants who performed audiometric tests on 244 workers from Caterpillar's plants in Mossvtllc. East Peoria, and its Mapleton foundry. More than 90 percent of those workers registered some hearing loss, and 10 employees had losses serious enough to cause them to be considered as working in "harnrdous" conditions, according to Dave Law, union local chairman for publicity and education. The testers referred 174 workers for further medical attention. Law said. The essential point is whether the workers will get medical opinion to support their claims, according to Albert Preibus. a commission arbitrator who is scheduled to begin hearing the cases in March. Law said the union offered to "negotiate" a settlement with the company: when the offer was refused, the workers filed the claims Caterpillar is increasing noise monitoring and worker protection measures, according to Law. who es timated that more than 75 percent of the cases came from the foundry. Following this change in the state law. the union began to "educate" the members about their increased rights. Lawconfirmed. If the arbitrator's settlement opinion is challenged by either side, it may be reviewed by the Industrial Commission and eventually appealed in court. Asbestos FORMER BOAT YARD WORKERS SOUGHT TO CHECK FOR POSSIBLE LUNG DISEASE Union leaders at the Electric Boat Division iEBi of General Dynamics in Groton. Conn., agreed to start an effort to locate former employees who may be suffering from asbestosis as a result of past occupational exposure. The effort follows a study performed on 1.200 EB employees by the Ml. Sinai School of Medicine which found approximately half the workers to be suffering from asbestos-related lung abnormalities. A company spokesman, meanwhile, said EB was taking no action on the matter but would wail for Ute final report from Irving Selikoff and a team of researchers from Mi. Sinai. Ac cording to the company spokesman. S. J.Wornom. the com pany discontinued using asbestos for pipe insulation in its ship building and substituted fiberglass in late 1974. EB was cited last September by the Occupational Safety and Health Administration for violation of the asbestos ex posure standard but contested the citation and was upheld in its appeal by Administrative Law Judge David Knight of Boston in December. Womom said. The OS11A report said EB employees were removing asbestos insulation from pipes aboard a submarine without wearing Type C air respirators or special clothing providing body coverage. Officials of the Metal Trades Council and other union organizations at EB. which commissioned the study by Mt. Sinai, were to meet to plan a campaign of notifying former employees at EB wfto may have been exposed to asbestos and urging them to get X-rayed There are approximately 20.0UO employees of (he Ccner.il Dynamics shipbuilding divi sion at present, but the number of former employees is believed to exceed 100.000 The results of the medical tests were said to reflect work ing conditions of the past, since those tested by the Mt Smai team had an average of 15 years' seniority, most of them working with or near asbestos Two years ago Local 690 of the pipefitters union protested the use of asbestos on the grounds that a high number of workers had died from asbestos-related diseases. The company switched to using fiberglass. Combine Resoatch Support Recently, announcement was made by the Johns-Mamilie Corporation and the international asbestos workers union that each was contributing S250.000 toward research to i md a cure for mesothelioma, occupationally caused cancer The research will be performed by Selikoff and his staff jt Mt Sinai. The research is expected to get additional support from the National Insulation Manufacturers Association, the National Cancer Institute, and the American Cancer Society Mesothelioma is responsible for 7 percent of the deaths ol asbestos workers, is attributed to exposure to asbestos in 85 percent o( all cases, and thus far invariably proves fatal soon after detection. Selikoff said. He expressed hope of develop ing a means of delecting the cancer early and treating it effectively. NIOSH Rtcommpndt Lowering Revising an earlier recommendation, the National Institute for Occupational Safety and Health in December said the asbestos exposure standard should be reduced to 100.000 fibers per cubic meter of air (Current Heport. December 23. p. 9211. NIOSH added that all evidence confirmed that asbestos in every form is carcinogenic and should be replaced with a substitute material whenever feasible. The recommendation to lower the exposure level from the present 2.000.000 fibers per cubic meter to 100.000 was made because that it is the lowest concentration at which the substance can be monitored reliably. MOSH said. Health Hazards GROUP STUDIES ACRYLONITRILE MONOMER. RELEASES STATUS REPORT ON LAB WORK Acrylonitrile monomer (AM. used in the manufacture of fiber, film, and other plastics, has caused weight loss and the growth of subcutaneous masses around the mammaries of laboratory rats, researchers told the Government. In a status report to several U S agencies on a toxicity Study of AN. the researchers for the Manufacturing Chemists Association said the rats received concentrations of zero, 35, 100, or 300 parts per million of AN in drinking water. "Administration of AN at the two higher concentrations under the conditions of this study has significantly lowered body weight, produced pathologic changes in the gastric epithelium, increased the incidence of masses of the ear duct and produced proliferative lesions in the central nervous system of rats," the scientists staled. "The significance of the higher incidence of subcutaneous masses in the mammary region of the rats is less clear, and its resolution will have to await further progress of the study," they continued. Qctupolionol Softly Si HooIlK Roportor 2295 c CURRENT REPORT I <0 1033 The two-year stud)' being conducted at the Dow Chemical U.S.A. toxicology research laboratory is approximately hall finished The sta'tus report on the findings thus far was given to the Occupational Safety and Health Administration, the National Institute for Occupational Safety and Health, and four other agencies. The study is one of a scries being funded by American Cyanamid Company. Borg-Warner Chemicals. E. I. du Pont de Nemours & Company. Gulf Oil Corporation. Monsanto Company, Tennessee Eastman Company. UNIROYAL Chemical Company. Vistron Corporation, and Dow. Litigation COURT UPHOLDS OSAHRC RULING. ASSESSES COSTS AGAINST EMPLOYER A federal appeals court ordered an employer to pay costs incurred by the Government m opposing the employer's un successful appeal of a ruling of the Occupational Safety and Health Review Commission. The U. S. Court of Appeals for the Third Circuit an November 8 denied without opinion the employer's petition for review (No. 76-1041) of the commission s decision in United Engineers Constructors, Inc. (3 OSHC 1686). The divided Review Commission had held that workers who are exposed to any amount of asbestos must be given the medical examinations required by 29 CFR 1910.1001(j). The court's order, issued four days after it heard oral argument in the case, requires the petitioning employer to pay the Government J336 to cover the cost of the Government's brief. Another appeal from the same commission ruling, filed by GAF Corporation, the other employer in the consolidated case, is pending before the District of Columbia Circuit Court i.No. 76-1028). Litigation COURT REVERSES REVIEW COMMISSION. RULES FUEL TANK IS NOT SERVICE STATION A 250-gallon above-ground gasoline tank used for refueling fork lift trucks at an employer s petroleum refining plant is not a "service station." the U.S. Court of Appeals for the Seventh Circuit ruled December 27 in an unpublished order. The three-judge court 's unanimous decision in Amoco Oil Company t>. OSAHRC (No. 76-1220) set aside a ruling of the Occupational Safety and Health Review Commission reported at 3 OSHC 1985. Amoco operates a refinery at Whiting. Ind.. at which employees use gasoline-powered fork lifts. To enable employees, on a self-service basis, to refuel their fork lifts, Amoco maintains the above-ground fuel tank. The tank is not used by. or accessible to. the public. Nevertheless, in the commission's opinion, the tank constituted a violation of the safety standard at 29 CFR 1910.106(gill Kil(a). which re quires that liquids be stored in underground tanks not ex ceeding 60 gallons capacity. Subsection (g) pertains to "service stations." Under the facts presented in this case, the court refused to hold that a solitary tank located on the firm's premises and used only by Amoco's employees for the company's purposes is a service station. Senior Circuit Judges John S. Hastings and Leonard P. Moore and Circuit Judge Robert A. Sprecher participated in the decision. Coel Mines IMPROVED PROFICIENCY EXAM IS AVAILABLE FOR READERS OF CHEST ROENTGENOGRAMS The National Institute for Occupational Safety anil Health is offering physicians the opportunity to take an improved proficiency examination for those who regularly interpret chest roentgenograms for pneumoconiosis under the authori ty of the Federal Coal Mine Health and Saletv Act of 1969 M2 FR 3030. January 14. 1977). Section 37.50 of the Act provides that only physicians who regularly read chest roentgenograms and who have demonstrated proficiency in applying the [LO-U.C 1971 International Classification of Radiographs of the Pneumoconioses shall be permitted to participate in the program. The improved examination was developed for NTOSH by Th .Inhns Hopkins University, which also will grade it NIOSH said it is developing proposed amendments to 42 CFR Part 37 which are expected to require reexamination of all Final or"B" readers, which is how the standard refers to those who take and pass the proficiency examination, using the improved examination. But NIOSH now is offering physicians the opportunity to take the new examination prior to its being required by the regulations. NIOSH said those who pass will be placed on a list of inter preters of chest roentgenograms who have successfully com pleted the examination. The list will be made available to coal mine operators and others on request. Physicians who wish to participate should contact ihe Receiving Center Section of the Appalachian Laooratory for Occupational Safety and Health, P-.O. Box 4258. Morgan town, W. Va. 26505: tel. (304) 559-7301. They should request a copy of ^heapplication form tCDC NIOSHi'M: 2.12> and a copy of the "Instructions to Accompany Roentgenographic Interpreter Proficiency Examination " The Receiving Center will schedule the ume and place for the examination, which. NTOSH staled, generally requires a working day to complete. Meetings PUBLIC HEARING SCHEDULED TO CONSIDER AMENDMENTS TQ STANDARDS FOR RESPIRATORS An informal public hearing on amendments to regulations concerning single-use gas and vapor chemical-cartridge respirators will be conducted February ]i by the National Institute for Occupational Safety and Health. The Mining Enforcement and Safely Administration and the Occupational Safety and Health Administration also will participate in the hearing, which begins at 9 30 a m in (inference Room G of the Department of Health. Educa tion. and Welfare's Parklawn Building. 5600 Fishers Lane. Rockville. Md. NTOSH and MESA determined a need for the hearing to gain additional information on the regulations proposed in October (Current Report October 21. p. 593) They specifically want information on the following subjects. The proposed detimuon of "single-use respirator." The proposed performance requirements for the ap proval of single-use gas and vapor chemical-cartridge respirators. The proposed requirements for vinyl chloride chemical cartridge respirators. The proposed performance requirements for single-use vinyl chloride respirators. Copyright r (977 by The Bwreov of Noiionol Allows, Inc. 2296 CURRENT REPORT 923 Mazzochi Mid Out because health claim forms often arr processed by an employer, a company "is aware of every medical problem both of the employee and their family members." The information then is often used to dis criminate against the employee, he added. According to Mazzochi. information gathered by company medical departments, while available to whomever the com pany wants, is denied to the employee. "The collection of epidemiological data on employees and its submission to trade associations for studies without ever telling the affected employee is another common practice in industry," he satd. Advisory Commitnee* PRESIDENT FORD ISSUES EXECUTIVE ORDER CONTINUING FEDERAL ADVISORY COUNCIL President Gerald Ford issued Executive Order 11 MB on December 20 under authority in the Federal Advisory Com mittee Act. continuing until December 31. 1978. the Federal Advisory Council on Occupational Safety and Health. The order also continued other advisory councils subject to future Presidential executive orders. FACOSH was created by Executive Order 11807 (Reference File. 71:9501) issued September 28, 1974. 'Asbestos NIOSH RECOMMENDS REDUCTION OF LEVEL TO 100,000 FIBERS PER CUpiC METER Airborne asbestos exposure in the workplace should be limited to 100.000 fibers per cubic meter of air. the National Institute for Occupational Safety and Health said in recommending a reduction of the present effective exposure level. The present permissible exposure level was cited in correctly in OSHR i Current Report. December 23. p. 921). The previous permissible exposure level of five fibers per cubic centimeter became two fibers longer than five micrometers per cubic centimeter of air on July 1, 1976. Review Commission SEATTLE. LOS ANGELES OFFICES CLOSED; NEW OFFICE WILL OPEN IN SAN FRANCISCO The Occupational Safety and Health Review Commission intends to close its Los Angeles regional office by December 31. according to an announcement by Commission Chairman Frank R. Bamako. The Seattle regional office was closed recently. Bamako explained that these offices are being closed because of the commission's decreasing case volume as the states have increased their role in workplace safety and health enforcement. The offices in regions nine and 10 were responsible for cases from Washington. Oregon. California, Nevada. Alaska, and Hawaii. Bamako is assigning two administrative law judges to a new office in San Francisco that will serve maritime cases arising in Hawaii and along the coast from Alaska to Southern California because such cases remain under federal jurisdiction. The Review Commission now will have nine regional of fices located in Atlanta. Boston. Chicago. Dallas. Denver, New York City, St. Louis, San Francisco, and Hvattsville, Md. Toxic Substances CHEMICAL INDUSTRY INSTITUTE TO BUILD TOXICOLOGY LABORATORY The Chemical Industry Institute of Toxicolnc> plans (o begin in mid-1977 the construction of a 57.000 square fool laboratory in Research Triangle Park. N C.. to conduct testing, research, and training programs The institute s goal is "to become one of the most respected and productive toxicological institutes in the world, providing technical information and data upon which policy makers can base sound decisions." Leon Golberg. CUT president, said. Until the building is finished. CUT will carry out research work in a 27.000 square foot laboratorv building in Raleigh. N.C., leased from Corning Glass Works These temporary facilities are not adequate for conducting long-term inhala tion studies, Golberg explained, but they will allow CUT to begin research programs and short-term studies upon which long-term work can be based. ttie institute has long-term tests of ethylene and toluene under way at an independent testing laboratory and preliminary tests on aniline and dinitrotoluenc arc scheduled to begin soon. The new laboratory will contain animal testing and handl ing areas as well as laboratories, administrative office, con ference rooms, a library, and an information handling facili ty Air handling systems in the building will be zoned and some zones are designed for off-hour slowdown or shutdown to conserve energy whenever possible Discharged air will comply with or exceed Environmental Protection Agency standards, the institute said. General Policy STANDARDS INSTITUTE REQUESTS COMMENTS ON PROPOSED REQUIREMENTS Comments are invited by the American National Stan dards Institute for its proposed standards for the safety re quirements for abrasive wheels, industrial sewing machines, and automated sewing systems. Comments must be sent by January 21 to the Board of Standards Review. American National Standards Institute. 1430 Broadway. New York. N Y. 10018. BSR B7.1-1970 covers the use. care, and protection of abrasive wheels, including safety guards, flanges, chucks, proper storage, handling, and mounting. Copies of the proposed standard may be ordered for $10 each from the Grinding Wheel Institute. Attn: Allen P. Wherry. 1230 Keith Building. Cleveland. Ohio 44115. Safety requirements for the design, construction, and use of industrial sewing machines and automated sewing systems that are specifically intended for use in industries producing sewn articles, such as the garment industry, arc provided in BSR B205.1. Single copies of the proposed stan dard arc available for $150 each from the Sewing Machine Trade Association, Attn: C A Williams. Jr.. 30 Rockefeller Plaza. 58th Floor. New York. N Y. 10020. Mine Safety BUREAU OF MINES TO ESTABLISH MINING RESEARCH CENTER IN ILLINOIS The Bureau of Mines of the Interior Department has taken the first step in the establishment of a major mining research center with the purchase of a two-and-one-hall acre site near Carbondalc. 111. Coprr'gbt C` 1976 by TK* Qureou of Npiionol A(fa,ryi Inc. 2297 CURRENT REPORT where workers may have been exposed to the chemical. 1 would also like to know 1/ the Department has yet developed a system in conjunction with EPa to identify and inspect all pesticide producers and processors, whether or not they market their product in this country. "1 am anxious to hear what action your Department has taken to deal with the possibility that there exist many more worker pesticide poisonings such as those which have been brought to public attention." leplopho* Study Toxic effects of leptophos were indicated to Vclsicol in 19G9. two years before the company began production of the pesticide, according to a study noted by Congressman David Obey iD-\lisi. The study, performed at Vclsicol's request by Industrial Dio-Test Laboratories, Inc.. Northbrook. 111., in dicated that "toxic effects were observed" in liens given lep tophos orally. Six hens given the heaviest dose of the pesticide showed effects such as weakness, unsteadiness, and change of comb color after a second dose of the substance. Four of the hens died within M days after the second dose. According to the National Institute for Occupational Safe ty and Health, leptophos can inhibit the production of cholinesterase, a substance needed for proper transmission of nerve impulses. Experiments also have shown that the pesticide can cause destruction of sheathing for nerve tissue, though this effect was not found m the lest conducted by In dustrial Bio-Test Laboratories. If the evaluations m the test arc correct.."it is simply in credible that after seeing the test results Velsicol opened a plant and literally had human beings shovelling the pesti cide." Obey said. Mine Safety SUBCOMMITTEE REPORT FAULTS MESA IN SECOND MINE EXPLOSION A House subcommittee report released December 6 blames the deaths of a work crew in the second of two fatal coal mine explosions on a "fateful decision" made by of ficials of the Mining Enforcement and Safety Administra tion. A total of 26 men perished in separate explosions on March 9 and March 11 of this year at the Scotia Coal Mine near Oven Fork. Kv. Blue Diamond Coal Company of Knoxville, Tenn.. is owner of the mine. In its report, the House Education and Labor subcom mittee on labor standards accused Scotia of ignoring the mine safety law in the first explosion, which killed 15 miners. It a Iso charged that MESA sent a 13-man work crew back into the mine two days later "without due regard for the possible hazards involved." Congressman John H. Dent (D-Pa), subcommittee chair man, said in releasing the report that "the Scotia tragedy presents the Congress with the most compelling reasons for enacting legislation totransferallmine safety and health en forcement responsibilities out of the Interior Department and place them in the Department of Labor." The congressional report, based on interviews and ex amination of testimony and mine inspection reports, stated that Scotia had been ordered closed 110 times for health and safety violations between 1970 and 1976. The great majority of closure orders, however, were lifted the same day by MESA "thus having a minimal effect on production," the report said. 8S5 Although the source of the ignition of the explosions remains unknown, the report reached these conclusions. A MESA inspection the day before the first explosion failed to include the area of the mine where the blast oc curred. > A required preshift examination of the blast area. 2 Southeast main, did not take place before two locomotives entered 2 Southeast main. The explosion occurred minutes after the entry of the locomotives, one of which was carrying what was believed to be a faulty, spark-producing air com pressor. A change in production off 2 Southeast main about a month earlier violated Scotia's approved ventilation plan and may have interrupted the ventilation system A methane gas feeder was known to exist near the face of 2 Southeast main. Ventilation problems were discovered immediately before the explosion and mine officials "engaged in questionable practices in an effort to correct the ventila tion problems." It also was found that six of the 15 miners died from suffocation after an equipment failure and probably could have walked out of the mine after the explosion to save themselves. The subcommittee investigators heard testimony that no one. including the company's safety direc tor. could remember the last time an evacuation drill had been held at the mine. Before sending in the recovery team on March 11 MESA was aware of certain conditions at the explosion site, in cluding a buildup of methane gas. ventilation problems, and the existence of the compressor which turned on and off automatically, the report said. "Vet the fateful decision was made with little or no thought given to these factors, and the work crew was sent into the mine wiihoutany instructions as to the possible hazards involved." In the summary, the subcommittee investigators conclud ed that the explosions "had their roots in the past practices of the Scotia Coal Company" and occurred "because MESA failed to effectively enforce the law." OSHA ACCUSED OF "ILLEGALLY" EXEMPTING TALC COMPANY FROM STANDARD A private citizens' group accused the Occupational Safety and Health Administration December 13 of bowing to political and other pressures and illegally exempting a ma jor supplier of talc from the OSHA asbestos standard The Health Research Group (HRGl charged in a 31-paee report December 13 that the R.T. Vanderbilt Company of Norwalk. Conn., succeeded in persuading OSHA to change its definition of asbestos fibers so that it would not cover the talc mined by Vanderbilt in St. Lawrence County. N Y The talc, which HRC said is composed of 70 percent of the mineral tremolite, is used in paint and related products, ceramic tile, tile glaze and flux, electrical insulators, and pottery. It also is found in home-repair products sold to con sumers. such as spackling compound. The report was accompanied by letters from HRC to Assistant Labor Secretary Morton Corn and the heads of the National Institute for Occupational Safety and Health and the Consumer Product Safety Commission, urging them to correct what it calls "Vanderbilt's special arrangement." An official of the company. Allan Harvey, said he had not seen the report, but he denied that any tremolue distributed by Vanderbilt was the asbestos form. Harvey told OSHR Copy^gbi Z 1976 by The Bur*ow ot Noitono! AHoits. Ine. 2298 886 OCCUPATIONAI iFETY & HEALTH REPORTER asbestos tremolite was very rare and not found in Vander bilt's New York mines. Another asbestos substance is mined there and used in spackling compound, but Harvey explained those packages are labeled as containing asbestos. He said HRG "must be taking the N10SH attitude." and added that "they have their own definition and are alone of all the groups in defining what is and is not asbestos." He said the other "groups" which did not consider the Vanderbilt talc as containing asbestos were, m addition to OSHA, the Bureau of Mines, the Mining Enforcement and Safety Ad ministration. and the- Environmental Protection Agency. The HRG report contended that Corn's predecessor as head of OSHA, John Slender, allowed the company to avoid having to comply with the standard by certifying "without providing scientific evidence" that the taic is free of asbestos. It contends further that Vanderbilt later influenced the agency to revise its standard by field memorandum and remove tremoiite from the list of asbestos minerals. HRG called the process "illegal." Vanderbilt brought pressure on OSHA through five members of Congress and gave three of them -- Senators James Buckley (R-NY> and Lowell tVcicker (R-Conn) and Congressman Robert McEwen (R-NY) -- campaign con tributions of $300 each from the company's president, the report said. It added that one former official at MOSH objected to the redefinition and the continued distribution of the talc without asbestos warning but that nothing was said publicly NIOSH and the National Bureau of Standards were directed by Corn to analyze the Vanderbilt talc. In the meantime, the report said, nearly 200 workers in Vanderbilt mines, an undetermined number of workers in plants which use Vanderbilt talc, and the public which buys products containing Vanderbilt talc are exposed to asbestos. OSHA is being urged by HRG to retract its field memoran dum 174-92) redefining the substance as nonasbestos, dis allow Vanderbilt from certifying that its talc is free of asbestos, warn manutacturers of the possible dangers, and "investigate the personnel and the procedures which allowed such an illegal series of events to occur and persist for so long." Methyl Parathion NIOSH RECOMMENDS EXPOSURE LIMIT OF 0.2 MILLIGRAMS. OTHER MEASURES An exposure limit should be established for methyl parathion of no more than 0.2 milligrams per cubic meter of air as a lime-weighted average for up to a 10-hour workday. 40-hour workweek, according to the National Institute for Occupational Safety and Health. NIOSH transmitted the recommendations on September 2T to the Occupational Safety and Health Administration iCurreni Report, October 7. p 5321. The NIOSH recommendations and the first two appendices appear in the Full Text section of this Current Report. Health Hazards CHEMICAL WORKERS INHALING FUMES SHOW HIGHER CANCER RISKS, STUOY SHOWS Inhaling fumes on the job can increase a chemical worker s chances of developing stomach cancer by as much as 27 times and a leather worker's chances of gelling bladder cancer 24 limes, biostalisticians at an upstate New York cancer institute have found. Employees in the leather industry also have greater chances of developing cancer of the larynx -- 22 limes more than average -- from fume inhalation, the study showed Records of 12.000 male patients at the Roswell Park Memorial Institute, a cancer center of the New York Department of Health in Buffalo, were analyzed for cancer type and patient's occupation. They were compared with a control group of clerks whose work did not expose them to suspected cancer-producing agents. The study. "Cancer Experience of Men Exposed to Inhala tion of Chemicals or to Combustion Products." also induced data on workers such as bus and taxi drivers, mechanics, and kitchen employees exposed to smoke or engine exhaust Compared with workers who breathe chemical fumes, the combustion-exhaust workers did not show significantly higher risks of contracting cancer. Enrico Viadana. one of the study's authors, told OSIIR the figures obtained in the study can be used "as a first step to search for the causes" of the increased cancer occurrences in the industries surveyed. He said the findings have been aim ed over to the National Institute for Occupational Safety and Health. Seventeen forms of cancer were identified in the study, and relative risks were assigned to 13 occupations. Other statistical breakdowns covered employees over 60 years of age and under 60. and those who were at their jobs over five years and under five years. The highest risk of stomach cancer, 27 times greater than average, was discovered in chemical workers over 60 who had been at their jobs at least five years. Workers of all ages at the job less than five years had four times the risk of get ting stomach cancer. Other cancer risk findings: Larynx: S.2 among barbers (60+.5-). 6 8 among chemical workers (-60,5+). 22 among leather workers (60+ .5+1. Stomach: 27 among chemical workers I60+.5->. 11 <60-.5-); 12 among painters (60+.5+). 12 <60- 5-i Mouth and pharynx: 18 among leather workers >60r. 5+ I. 8 (60+.5-). Bladder: 24 among leather workers (60*-.5-). 9.7 (60+.5-). Among occupations involving inhalation of combustion products, it was found that a 2.3 risk of cancer of the mouth and pharynx existed among bus. taxi, and truck drivers over 60 with less than five years at the job. 1.9 risk over 60 with more than five years, and 2.2 risk of cancer of the prostate among mechanics and repairmen over 60 with less than five years. Health Hazards LEUKEMIA. LUNG CANCER ARE HIGHER AMONG ALUMINUM SMELTER WORKERS Workers at aluminum primary smelters are more prone to leukemia, motor vehicle accidents, lung cancer and certain types of hypertensive disease, according to initial findings of a health study of The Aluminum Association. The association said the study was based on 23 000 workers, which includes virtually all those in the I'nued States employed at least five years in an aluminum smelter that had been in operation for at least 20 years during the period 1946-1973. The study also found that (he workers are less prone to a number of specific diseases than the general population. Occupononol Softly 8. Hoollh Reporter 2299 CURRENT REPORT 7109 General Policy CAUFANO SWORN IN AS HEW SECRETARY; SENATE APPROVES MARSHALL'S NOMINATION Joseph Califano was swom in as Secretary of Health, Education, and Welfare on January 2S. His nomination was confirmed by the Senate January' 24 by a vote of 35 to one. Senator Bob Packwood (R-Ore). citing Califano's profess ed stand against abortion, cast the dissenting vote. President Carter's nominee for Secretary of Labor, F. Hay Marshall, was approved January 26 by the Senate by a vote of 73 to 20 (Current Report. January 20. p. 10751. Both Califano and Marshall, although they had not been sworn in as Cabinet members, attended Carter's first Cabinet meeting January 24. Genoral Policy MARSHALL AGREES WITH INTENT OF RIOER ON MONEY BILL LIMITING OSHA ENFORCEMENT Newly confirmed Secretary' of Labor F. Rav Marshall told the Senate Labor and Public Welfare Committee he is in "basic agreement with the intent of the ndcr that limits Oc cupational Safety and Health Administration enforcement efforts to larger farms." He referred to the prohibition of inspections on farms with 10 or fewer employees attached to the fiscal 1977 ap propriations bill applicable to OSHA. Marshall stated his views on various issues in answers to written questions from the committee. He stated concern for the apparent lack of confidence in OSHA by "many client groups," and said that if he were con firmed. he would undertake a "comprehensive review of the operations" of the agency in order to isolate the main problems with the agency and the sources of those problems. The National institute for Occupational Safety and Health must somehow be made more responsive to the legitimate data needs of OSHA. he said. Also. Marshall noted, although economic analysis can assist in OSHA's decisionmaking, such analysis should not be allowed to cause extensive delays in standards. He said he plans to investigate reasons for these problems and "act quickly to ameliorate them." Marshall stated that there has been a relative misallocaLion of resources within OSHA away from health standards and toward safety standards. "One of the apparent reasons for this problem has been the difficulty the agency has ex perienced in recruiting and keeping trained specialists in the field of industrial health. I hope to effect some reallocations of the agency's resources toward standard setting and en forcement in the health area, without compromising impor tant elements of the standard setting and enforcement in the safety area." he said. He stated also that OSHA must have the right to make un announced site visits in order to carry out effective enforce ment of its standards, and added he would consider further the matter of filing an amicus curiae brief in the appeal of the Idaho court ruling prohibiting inspections under OSHA. Marshall said he supported generally the recommen dations of the National Commission on State Workmen's Compensation laws which identified 19 essential standards for state programs. "It seems to me essential that we set such minimum standards for state programs, while leaving the general responsibility for administering the programs at the state level." he said. "The issue of coverage for oc cupational disease is somewhat more difficult, as we have discovered in the process of trying to set occupational health standard through OSHA The review I plan to undertake with respect to OSHA standard setting may provide some insights into how occupational disease standardscan be set effective ly for workers' compensation programs." Enforcament OSHA ISSUES NOVEMBER FIGURES ON JOB SAFETY. HEALTH INSPECTIONS The Occupational Safety and Health Administration in spected 4.392 establishments during November 1976. accord ing to the Labor Department. OSHA officials said that, as a result of the inspections the agency issued 3.503 citations alleging 16.844 violations of ;ob safety and health standards. Proposed penalties lor these violations totaled $892,310. From its inception on April 28. 1971. OSHA has conducted 352.445 inspections resulting in the issuance of 257.1 31 citations alleging 1.328.391 violations, for which penalties of $37,584,402 were proposed. A chart showing November inspection activity and cumulative data appears in the Full Text section of this Current Report. GOVERNMENT STUDIES ON TALC QUESTION. INCLUDING NBS REPORT. ARE ON SCHEDULE Government studies bearing on a controversy over asbestos between the Occupational Safety and Health Ad ministration and an industrial laic firm are proceeding on schedule, and one of them should be completed within two weeks John Dement, assistant chief, industrial hygiene sectionof the National Institute for Occupational Safety and Health, said a final report of an environmental study should be ready to present to the R.T. Vandcrbilt-Company and the United Steelworkers in two weeks. A companion effort by N10SH on mortality and morbidity among talc mine workers also is nearing completion, he said. In addition, an analysis by the National Bureau of Stan dards of 80 talc samples from Vanderbilt and other talc producers and users, commissioned by OSHA. is "or. time" and should be finished in March, according to Cary Gravatt, deputy chief, analytical chemistry division of the bureau. OSHA requested NBS to determine the asbestos content of the talc samples last fall. A dispute had arisen involving Vanderbilt's talc, with the company maintaining that it is free of asbestos, and officials at NIOSH arguing that miners and millers at Vanderbilt are exposed to excess asbestos levels (Current Report. December 23. 1976. p. 920). A Ralph Nader organization, the Health Research Group, said in a report in December that OSHA had exempted Vanderbilt illegally from the asbestos standard by permit ting the company to certify its product as asbestos-free. Dement said the final environmental report "fills in some super-analytical data" to complete an earlier industrial hygiene survey done by N'lOSH and released in May. He said the added data do not change the conclusion of the earlier study, which was that "excessive asbestos exposure" exists in Vanderbilt's No. 1 mine in St. Lawrence County. N.Y. The mortality phase of the NIOSH project. Dement ex plained. is intended to examine mortality patterns to deter mine if there is an excess number of deaths due to Copyright C 1977 by Thy Bortov oi Notionol Arfoiri, Inc. 2300 1110 respiratory cancer. All data have been collected in that study, which coven 300 to 400 miners and millers and 75 to 80 deaths, he added. Gravatt said he and his staff at NBS will meet with OSHA next week to discuss the format for reporting their research on the 80 talc samples. "We are to arbitrate the controver sy." Gravatt said in describing the National Bureau of Stan dards' role. "We are using the currently approved technique and will report the numbers. We will be more definitive in our report," than commercial labs and others which have analyzed the talc and found differing results, he added. Gravatt confirmed that NBS officials had met with of ficials from Vanderbilt to discuss the study. "We insist that that's the way we work. We are not a regulator." he said. "It is our feeling that the best way to find out things is to talk to as many people as possible." He added that discussions also were held with persons from other companies as well as representatives from the Mining Enforcement and Safety Administration. Bureau of Mines, and the Environmental Protection Agency. Allan Harvey, manager of technology development at Vanderbilt, said the company wanted "to make sure they sought competent technical help" in reporting the contents of the samples. "The problem with NIOSH or OSHA Is a refusal to consult with the experts." Harvey said. The company's position, according to Harvey, is that a new method for defining an asbestos fiber should be designed to replace the current "inadequate" method. But he said OSHA "is not waiting for a definition of what is an asbestos fiber and is going right ahead with an inadequate methodology or. fibers." Mine Safety MESA REINSTATES GROUND CHECKS; SCHEDULES FIVE TECHNICAL SEMINARS The Department of Interior's Mining Enforcement and Safety Administration reinstated requirements for ground check circuits for three-phase alternating current low- and medium-voltage resistance grounded circuits, according to an announcement on January 25 (42 FR 4550). MESA also scheduled a series of five technical seminars in order to acquaint the coal mining industry with the availability, technology, and current state of the art of ground check monitoring. The original requirement for the monitoring equipment was suspended on March 23. 1971, due to the discovery that technology available at the time possibly could produce incendive arcing in the presence of methane, creating an ex plosion hazard. According to the announcement, the incendive arcing problem has been solved, and current equipment will limit conductor energy to less-than-incendive levels. MESA announced that its inspection personnel would begin issuing safeguard notices to coal mine operators not in com pliance on April 1. Notices of violation will be issued to operators not m compliance by December 31, subject to projected availability of the ground check circuits by their manufacturers. Tbe technical seminars scheduled by MESA will apprise coal mine operators of the availability of MESA-approved equipment and the state of the art of ground check circuitry. The one-day meetings will commence at 9 a.m. and adjourn at 5 p m. Agenda topics include an appraisal of design parameters, technical support evaluation and acceptance of the circuitry, industry test and evaluation programs, development problems, manufacturers' presentations, monitor test procedures, and panel discussion. OCCUPATIONAL --FETY & HEALTH REPORTER The seminars will be conducted on the following dates at the corresponding locations: March 8 at the National Mine Health and Safety Academy. Beckley, W.Va. March 11 at the Holiday Inn-Airport. 5000 10th Avc.. North. Birmingham. Ala. March 15 at the Bureau of Mines Building. 4800 Foroes Ave.. Pittsburgh. Pa. March 22at the Holiday Inn-Airport. 4040 Quebec Blvd.. Denver. Colo. March 24 at the Holiday Inn-North. 4545 N. Lindbergh. Bridgeton (St. Louis) Mo Persons who wish to attend a seminar should notify the Mining Enforcement and Safety Administration. Tecnmcai Support, 2239 S. Kanawha St.. Bccklov, W.Va 2560 1 . telephone (304 ) 255-1581. Coke Oven Emissions HEALTH PROGRAMS DIRECTOR WARNS STANDARD WILL BE VIGOROUSLY ENFORCED TORONTO, Ont. -- (By an OSHR staff correspondent) -- The Occupational Safety and Health Administration intends to pursue "a vigorous course of enforcement" with us stan dard for workplace exposure to coke oven emissions, accor ding to Grover Wrenn, OSHA's acting director of health stan dards programs. Wrenn made his remarks January 20 at the United Steelworkers of America's Fourth International Coke Oven Conference. (See related articles in this issue.) Six or seven of OSHA's industrial hygienists with the most experience in coke oven inspections are being trained so that they each mayrbecome the core of an inspection team of hygienists. Wrenn explained. OSHA, Wrenn said, will first inspect the 12 coke ovens in various areas of the nation that, to the best of the agency's information, are in the worst con dition. These teams will be deployed fairly soon to conduct "wall-to-waH" inspections. Wrenn noted. He added that these inspections, which will involve every aspect of the OSHA standard, will take weeks to complete. He also said that OSHA intends to followup abatement actions. Wrenn emphasized that this is an "enormous undertaking for OSHA," but the agency must do this "to set the tone for the health standards to follow." OSHA will not be able to enforce the four parts of the stan dard included in the interim stay issued by the U S. Court of Appeals for the Third Circuit. Those parts involve monitor ing and measurement, respiratory protection, protective clothing, and hygiene facilities {Current Report, Januarv20, p. 1077). Wrenn expressed disappointment that the court granted the stay, but said that ii should not be interpreted "to mean that the standard is in trouble." He explained that the gran ting of the slay motion does not affect the court's final deci sion and that OSHA will be "vigorously challenging this ac tion." OSHA knew that it would have to defend the standard in court and it. therefore, put together a record that would make a strong case for the standard's defense. Wrenn ex plained. The agency is willing to considerany administrative action, according to Wrenn. if it can be shown that it has mis understood any part of the record. Wrenn noted that OSHA is an agency for decisionmaking and as such it is dependent upon outside parties to .bring to it the information necessary to make an informed decision. Occupations! Safety & Health Reporter 2301 CURRENT REPORT 1135 The Circuit Court held UUl the Review Commission's application of the standards to Bechtel was correct. Though the company's employees performed no construction work, they Merc responsible for the administration and coordina tion of the entire construction project. Thus, according to the court, the company was "engaged in construction work" within the meaning of 29 CFK 1910.12(a) of the Act. The court also noted that administration of the construction sue s safety program was among the company's managerial duties. Because the company possessed this power to protect its employees it did not come within the Anmnp-Uohnson exclusion for those employers at multi-employer construc tion sites who are unable to exercise any control over the violative conditions. The undersigned opinion of the court, consisting of Circuit Judges Donald P. Lay. Donald H. Ross, and William H. Webster, will appear in a future Decisions supplement. Noise RECORD EXTENDED TO FEBRUARY 28. MAY INCLUDE INTER-INDUSTRY STUDY RESULTS The Occupational Safety and Health Administration an nounced January 24 that the public record on the hearing on the economic impact of the workplace noise standard will be reopened for limited comment from January 28 to February 28. Limited comment should be directed to the post-hearing comments prepared by Bolt Beranck and Newman. Inc., defending the consulting firm's economic analysis report on the cost of the proposed workplace noise standard, accord ing to the OSHA announcement (Current Report, January 20, p. 11078). OSHA is "not speculating" on just when it will issue a final rule on the noise standard. Acting Assistant Secretary Bert Concklin told OSHR at the January 24 press briefing. Grover Wrenn. director of the OSHA office of health standards, add ed that, from a legal standpoint, the agency can issue the standard any time after February 28. Wrenn did not rule out that the extension of time for com ments until February 28 may open the door for submission of the results of the Inter-Industry Noise Study. Wrenn said that, while the record officially is reopened only for "limited" comments, the agency would not refuse "any evidence" submitted prior to February 28. The Inter-Industry Noise Study Sleering Committee recently asked outgoing Assistant Secretary' Morton Com to hold the hearing record open until February 20 so that the study's results could be considered in rulemaking. Cora replied January 10 that the agency could not open the posthearing comment period specifically for that purpose. Steering Committee Chairman Raymond Yerg told OSHR he does not anticipate any difficulty in meeting a February 28 deadline. If the computer analyses continue at the present rate, the steering committee will know by February 15 whether its data show a clear relationship between hearing impairment and exposure to noise between 82-92 dBA, Yerg said. The last status report on the study indicaled that the final results will involve some 440 experimental noise-exposed subjects and some 256 control group subjects. Copies of the Bolt Beranek and Newman post-hearing com ments are available for inspection and copying from the Techni cal Data Center (Docket No. OSHA-I1A), Room N3620, OSHA, Department of Labor. Third St. and Constitution Ave., N.W., Washington, D.C. 20210. Asbestos COMPANY MAY NO LONGER CERTIFY ITS TALC PROOUCTS AS8ESTOS-FREE The Occupational Safety and Health Administration, reversing a position it took more than two years ago. an nounced January 28 that it has rescinded permission for the R.T. Vanderbilt Company to certify that its talc products were free of asbestos. The action came in a letter to the Norwalk. Conn., firm from former Assistant Secretary Morton Corn on January 19. Cora's final day in office. Vanderbilt, one of the top two or three companies mining talc in the country, responded by asking Labor Secretary F. Ray Marshall to cancel Corn s decision, which the company said was based on "totally inconclusive" considerations The company had been given permission to use its discre tion to certify talc products as asbestos-free in October 197 4 by Cora's predecessor, former Assistant Secretary' John Slender. In addition to nullifying Slender's action. Corn sent a memorandum to OSHA regional administrators and area directors canceling Field Information Memorandum 74-92, which was issued November 21. 1974 elaborating on Slender's decision. Corn directed compliance officers to evaluate fibrous tremolvtic talc in accordance with OSH As sampling data sheet for asbestos and said bulk samples of talc substances should be obtained. If laboratory tests indicate the presence of asbestos fibers in any amount, the caution labeling re quirement at 29 CFR 1910.1001(g)(2) should be enforced, the OSHA announcement said. The Health Research Croup accused OSHA of illegally exempting Vanderbilt from the asbestos standard by con tinuing the policy initiated by Slender, ft asked in a December report that "Vanderbilt's special arrangement" be moved. Reacting to the OSHA announcement. HRG staff associate Peter Greene called it "a disgrace that it look so long and took further medical evidence than OSHA already had." Greene added that HRG wanted the agency to request from Vanderbilt a list of its talc customers and to notify tne customers that the talc contains asbestos. "We think Vanderbilt has the responsibility to give OSHA the list." he said. Allan Harvey, a Vanderbilt official, said the request to the new Labor Secretary asked for a decision from him within 30 day's. At the end of that time the company would have to "conclude that we have exhausted all administrative resources." Harvey said there was a possibility then of seek ing "legal remedies." Vanderbilt has maintained throughout the controversyover its tremolytic talc that the current method used by OSHA and the National Institute for Occupational Safety and Health for determining the presence of asbestos in substances is inadequate and has called for the development of new methodology. Quoting from the company's letter to Marshall. Harveysaid "no medical data by N'lOSH can be relevant to wholly mineralogical questions, such as what constitutes an asbestos fiber." OSHA said the 1974 letter was rescinded on the basis of in formation received from NIOSH, which, has been studying possible health hazards to Vanderbilt employees due to ex posure to the company's talcs. A final report has not been released, but OSHA said the in vestigation has found significant exposures to airborne dusts, including fibers, among the millers and miners It also Copynghi C 1977 by Tk 8urou of Nottenol Alioirt. Inc. 2302 1136 OCCUPATIONAL FETY & HEALTH REPORTER found that X-rays of workers demonstrated lung changes and that the number of former Vanderbilt employees who died from respiratory disease and lung cancers was significantly greater than the number normally expected. Enforcement IDAHO CASE BRINGS NO INCREASE IN NUMBER OP CHALLENGES. OSHA SAYS Following an Idaho federal court's ruling against inspec tions by the Occupational Safety and Health Administration, officials at the agency reported that an expected rise in the number of employers resisting inspections never materializ ed. "At first I thought there would be an influx" of employers who would refuse OSHA inspectors. Donald E. MacKenzie. acting director of field coordination, told OSHR. "But there hasn't been." MacKenzie and others at OSHA said the expected rate of employers who refuse entry -- "about two or three a week" -- has continued the same during the past month. On December 30 the U S. District Court for Idaho in Barlow's, Inc. v. Usery enjoined the Labor Department from conduc ting OSHA inspections, but a partial stay issued last week by Supreme Court Justice William H. Rchnquist permits in spections outside Idaho t Current Report, January 27, p. 1107). A warrant is sought when an employer refuses to cooperate in an inspection. MacKenzie said. "In those cases, we have been following the usual procedure of turning them over to the solicitor's office. They're usually ready to open up by the time the solicitor's office calls them," MacKenzie explained. No inspections have been made in Idaho since the threejudge panel's ruling, and the OSHA Idaho staff "has been catching up on their paperwork," MacKenzie said. "We will have to make a hard and fast decision on what to do with the office" when a final court ruling is handed down on inspec tions in Idaho. MacKenzie added. He said he expected such a ruling within two weeks. Elsewhere, "we are proceeding as usual" with inspec tions. MacKenzie said. A communique was sent to field of fices recently explaining the meaning of Rehnquist's partial slay and instructing OSHA staff to continue as before, he said. Mine Safety NOTICE PUBLISHED WITH PROPOSALS AND CHANGES ON HEALTH. SAFETY A notice of proposed rulemaking with changes and ad ditions to mine health and safety standards was published January 28 by the Department of Interior. The notice revises existing standards and adds new definitions, deletes, revises or makes mandatory some ad visory standards, and adds new mandatory standards. The proposed rulemaking covers ground control fire prevention, ventilation, loading, traveiways, electricity, personal protection, and others. Written comments, including a request for public hearing, are invited before March H, although those recommen dations proposed as mandatory standards by the Federal Metal and Nonmctallic Mine Safety Advisory Committee are not subject to public hearing. The proposed rules and definitions were compared with corresponding standards and definitions of the Occupational Safety and Health Administration, according to the notice, and were deemed to provide "at least the same oegrec of health and safety protection to the individuals working in the metal and nonmetal mining industries" as those covered by OSHA in the general and construction industries. The notice stated that the listed proposals were designed primarily as performance standards, providing "certain definite requirements that delineate the responsibilities of the mine operator to protect mine workers." The notice continued: "The form and philosophy of the listed proposals arc different from that used to develop OSHA standards. The listed proposals are generally short and concise statements that are readily understandable by persons working in the metal and nonmetal mining in dustries." The notice of proposed rulemaking appears tn the Full Text section of this Current Report. General Policy ADVISORY GROUP DISCUSSES DRAFT POLICY ON CARCINOGENS: NO RECOMMENDATIONS A draft proposal by the Occupational Safety and Health Administration for classifying and regulating workplace car cinogens was discussed January* 27 by the standards subcom mittee of the National Advisory Commilicc on Occupational Safety and Health, though no recommendations were made by the group. The proposal, announced by OSHA on January 24, would create three categories for chemicals in regard to OSHA rulemaking (Current Report, January 27, p. 1107). Substances would be classified as confirmed carcinogens (resulting in the issuance of an.emergency temporary stan dard followedrw-ithin six months by a final standard), suspected carcinogens, and substances for which more scientific data would be needed for final classification. If put into effect, t le proposal would resolve broad policy questions in advance of rulemaking on specific substances. Rulemaking on individual substances then would be limited to such issues as the lowest feasible exposure level and en vironmental impact issues. Subcommittee chairman Miles Colwell, vice president for health and environment. Aluminum Compay of America, es timated that the group would require at least two sessions for discussion of the draft proposal. He told the meeting that he was at a "disadvantage" as he had received a copy of the lengthy draft proposal only a short lime before the session began. Subgroup member Nicholas Ashford. MIT Center for Policy Alternatives, commended OSHA for "such a vigorous attempt" at developing a new carcinogen policy. He added, however, that he was "disturbed" by aspects of the draft proposal. These included* An underemphasis on mutagenicity tests as a criterion for categorizing substances under the system. * Failure to include similarity between chemicals as another criterion. The "danger" of mandating the issuance of a permanent standard in a certain period of time following the issuance of a temporary standard. Such a goal might not be achievable, and could place "a noose around OSHA's neck." Jack Sheehan, legislative director. United Steelworkers of America, said he hoped that placing a substance within the third category would not give that substance a "nonserious connotation." This could result in the material receiving "short shrift" in regard to rulemaking, though it might possess serious non-carcinogenic effects, he noted. Occupationol Softly A Health Reportor 2303 CURRENT REPORT 1193 The guides. "Evaluating Your Firm s Injury and litmus Experience." are available in separate editions lor transpor tation and public utilities, service industries, construction industries, wholesale and retail trade industries, and manufacturing industries. The booklets provide an explana tion of the calculation of incidence rales and the method for comparison of that rate with prevailing rates in the same in dustry. The American Society of Safety Engineers assisted in the initial mailing of the brochures, which may be obtained upon request from the Bureau of Labor Statistics. Department of Labor. Washington. D C. 20210. Publications NIOSH RESEARCH REPORT STUOIES RELATIONSHIPS OF HEAT STRESS INDICES "Relationships Between Several Prominent Heat Stress Indices." a research report which presents a correlation of five environmental systems for measuring heat stress, is available from the National Institute for Occupational Safe ty and Health. The measurement systems were studied for in terrelationships in order to provide an accurate tool for com parisons and measurements of heat stress. The study concentrated on correlating the Corrected Effective Temperature (CET), the Effective Temperature Corrected for Radiation (ETCR), the Wet Bulb Globe Temperature (WBGT). the Wet Globe Temperature (WGT), and the Belding-Hatch Heat Stress Index (HSI). The five techniques had all been utilized by various researchers in measuring heat stress effects, and NIOSH developed the comparison methods in order to define acceptable heat stress levels more accurately. Further information on the document may be obtained from the National Institute for Occupational Safety and Health, Robert A. Taft Laboratories, <676 Columbia Parkway. Cincinnati, Ohio 45226. Inquiries should reference NIOSH publication number 77-109. Alaska OSHA APPROVES STANOARO SUPPLEMENT TO REFLECT CHANGES IN STATE PLAN The Occupational Safety and Health Administration January 11 issued notice of approval of a supplement to the Alaska state plan reflecting changes in the plan to corres pond with federal standard changes. The first change included typographical and numbering alterations and the state's response to federal standard changes for mechanical powered punch presses. The second change consisted of numbering and typographical correc tions to the state's General Safety Code. The third and final change included alterations to the state standards for helicopters, industrial slings, and vehicle mounted elevating and rotating work platforms, as well as typographical and numerical clarification. A copy of the standards supplement and the approved state plan may be obtained for inspection and copying during nor mal business hours at the following locations: Office of the Regional Administrator, Occupational Safety and Health Administration. Room 6002, Federal Of fice Bldg., 909 First Ave., Seattle, Wash. 98174, State of Alaska. Department of Labor, Office of the Commissioner, Juneau. Alaska 99801. Technical Data Center. Occupational Safety and Health Administration. Room N3620. 200 Constitution Ave . N W.. Washington D C 20210. Discrimination DISCHARGED EMPLOYEE TO RECEIVE BACK PAY IN SETTLEMENT AGREEMENT An employee of Giant Refinery. Inc.. Farmington. N Mex . who was allegedly discharged for complaining about un safe working conditions, will receive back pay unocr a settle ment agreement reached by the Occupational Salety and Health Administration and the employer. The employee charged that he and other workers were re quired to work, without personal protective equipment, in an enclosed tank that contained a high concentration of ex plosive fumes, and that there bad been an earlier explosion, leaving some 1-beams hanging inside. After he protested to the employer, he was discharged, the employee claimed Under thfe settlement, the employer agreed to payment of back pay for the period the employee was without other in come. Reinstatement was not included because it had not been requested. The employer also agreed to post for 60 days a notice affirming the company's agreement to refrain from discrimination against workers for exercising their rights under the Occupational Safety and Health Act. Section 1 lie) of the Act prohibits such discrimination. Washington st/te`Standards approved /OR ASBESTOS RECORDKEEPING The Occupational Safety and Health Administration an nounced approval of Washington state plan standards for asbestos recordkeeping and exposure records on February 1 in the Federal Register. The standard was found to be identical to the federal stan dard 29 CFR 1910.10011 iH1), and was therefore approved. The standards supplement, along with the approved state plan, may be obtained for inspection and copying during nor mal business hours at the following locations' * Office of the Regional Administrator. Occupational Safety and Health Administration, Room 6048 Federal Of fice Bldg., 909 First Ave.. Seattle. Wash. 98174 Department of Labor and Industries. General Ad ministration Bldg.. Olympia. Wash. 87S04. Technical Data Center. Room N3620, 200 Constitution Ave., N.W., Washington, D.C. 20210. South Carolina STATE REVISES PROCEDURES FOR ENFORCEMENT. CONTEST REVIEW The Occupational Safety and Health Administration an nounced approval of South Carolina state plan supplements regulating the enforcement of standards and ihe review of contested cases on February 1. According to the approved supplements, an employer will receive a citation regardless of the employer's immediate abatement of the cited hazard. Employees may protest citations and proposed penalties under the supplements, and petitions for modification of abatement must include a state- Copyngkf * 1977 by Tht Sursou si Na'>onol Alls-'*. ic. 2304 CURRENT REPORT "Aside from the complete lack of known engineering technology in major areas and segments of the lextili manufacturing process." the institute said, "there is no justification, in the face of strong medical surveillance programs and the use of work practices and personal protec tive equipment, to require employers to expend vast sums for research and technological improvements in air cleaning equipment to bnng dust levels within unnecessarily low limns." The Industrial Safety Equipment Association expressed its objection to the proposal's exclusion of single-use dust respirators as protection against cotton dust. The group call ed the exclusion "most unfortunate since this type of respirator is most suitable for respiratory protection of per sons exposed to cotton dust." The Council on Wage and Price Stability said it would like to appear at the hearings and would take a position that industrv-bvindustry standards may be less costly than un iform standards. The National Knitwear Manufacturing Association. New York City, reported that it has undertaken research, with preliminary results showing that dust levels can be "substantially reduced to 0.2 mg. m3" in knitting operations by using yams manufactured under "controlled conditions." The association said this "clean yam" is not obtained without extra cost but "our hope is to reduce the eventual impact on the consumer to the lowest level possible while ob viously protecting employees." Asbestos MEDICAL REQUIREMENTS TO BE CHANGED; OIRECTIVE TO FIELD OFFICES FORTHCOMING The Occupational Safety and Health Administration will change its policy on medical examinations for workers ex posed to asbestos to require examinations only when ex posure exceeds 0.1 fibers greater than five microns in length per cubic centimeter of air. The change was announced in a January 19 letter from former Assistant Labor Secretary Morton Com to George Wilkemng. director of the environmental health and safety department. Bell Laboratories. Corn explained that the new policy "derives support from a recent recommendation from the National Institute for Occupational Safety and Health (MOSHi that the permissible exposure level for airborne asbestos be fixed at this level" [Current Report, December 23, p. 921). At present. OSHA requires medical examinations for workers exposed to any concentration of asbestos fibers. Ac cording to an OSKA source, a directive on the new policy is being prepared and will be transmitted to the field shortly. Responding to a question from Wilkening as to the applicability of the asbestos standard when asbestos concen trations in an office building consistently are lower than levels found in the outside air. Corn affirmed that "initial measurements of office building employee exposures to air borne asbestos are. we believe, required whenever there is any reason to believe that airborne asbestos is present inside the building regardless of whether the levels present are less than those generally found in the normal outside en vironment." However. Com added, if an initial measurement shows the asbestos level to be lower than a level of two fibers per cubic centimeter of air, "then further sampling normally need not be performed until there is reasonable cause to believe that 1237 the airborne asbestos concentrations revealed by the initial measurements have changed ." Lead NO SIGNIFICANT ENVIRONMENTAL IMPACT FROM PROPOSED RULE PREDICTED BY OSHA The Occupational Safety and Health Administration s proposed lead standard will have no "significant" impact on communities near establishments where lead is used or produced, according to a draft environmental impact state ment by OSHA on the proposal. The proposed standard, issued by OSHA on October 3. 1975. would reduce tlic permissible exposure limit for lead to 100 microprams per cubic meter of air A public hearing on the proposal is scheduled to begin March IS iCurrent Report. January 6. p. 9821. OSHA noted that methods used by employers to comply with the standard may include ventilation and wct-swecpi.ig Potentially, these methods could increase the amount of lead released by the establishment into the outside air and water However, impending regulation of lead as an air pollutant by the Environmental Protection Agency probably will pre vent industrial lead emissions from affecting the environ ment significantly, the draft impact statement said A "positive impact" of the OSHA standard "would be better housekeeping and clean-up of machine and floor areas within the plants in order to minimize exposures to workers." Currently, the quantity of waste water discharged from secondary smelters is small, the draft impact statement continued. Wet-sweeping of floors and the use of water as a dust suppressant in certain operations "is noi expected" to "have any^sigmficant impact on the water quality surroun ding the affected industries." Much solid waste generated in smelting can be recycled back into the process, the draft statement emphasized Collection of residue, impurities, and scrap in solid form, with subsequent disposal according to EPA guidelines, "should ensure that no adverse impacts on the environment will result." The cost of complying with the proposed standard probably would be passed on to the consumer by the primary smelling industry, resulting in an estimated increase of two cents per pound in the price of lead. OSHA said. The agency estimated that capital costs for compliance would add up to 8401 million, or 8981 million at the highest. Annual total compliance costs would be approximately 8253 million, or 8486 million at the highest. Some 17 to 19 independent smelters could be eliminated over the next 35 years by the proposal, the draft impact statement predicted. This would amount to about 15 percent of the secondary market. As with primary smelters, an in crease of two cents per pound in the price of lead would allow "the more efficient inicgratcd producers" among secondary smelters to pass additional compliance costs on to the consumer. A number of marginal battery plants also might be eliminated if the proposal went into effect, the statement added. A reduction of between 1.025 and 1.6 million baitenes produced by domestic manufacturers might occur, reducing the demand for pig lead by 12.000 to 19.000 short tons. Small regional nonferrous foundries and pigmeni manufacturers will find the proposed standard "difficult to finance." OSHA said. For that matter, the estimated capital required for lead industry' compliance (between S-JT0 million Copyright f 1977 by The Bureau of Nol'Onoi Affoir*, Inc. 2305 1288 and 812 billion) "could be exceedingly difficult to raise over the next five-year period." Energy consumption would be increased by between 312 million and SSI million kilowatt hours, the statement reported. This would translate into <73.000 to 1.032.000 barrels of oil. or between 1.300 and 2.800 barrels of oil per day OSH a predicted no impact on (11 land use plans, policies, or controls. 12' short-term uses of the environment, or 13) maintenance and enhancement of long-term productivity. Lead OSHA SCHEDULES MORE HEARINGS ON LEAD IN ST. LOUIS. SAN FRANCISCO Two regional hearings on the proposed standard for workplace exposure to lead were scheduled by the Oc cupational Safety and Health Administration in addition to the hearing scheduled previously. The first hearing, scheduled for Washington. D.C. on March IS (Current Report. January S. p. 982) will be follow ed by one in St. Louis. Mo., on April 26, and one in San Fran cisco on May 3. In order to allow as many persons as possible to testify at the regional hearings, presentations generally will be limited to 15 minutes. OSHA stated (42 FR 13025). Because of the brief duration of the regional hearings. OSHA re quested interested persons who are able to attend the Washington hearing to present their testimony in Washington. OSHA will make ns presentation and be available for questioning only at the beginning of the hearing in Washington. In addition, the expert witnesses who have been asked by OSHA to testify are scheduled to appear in Washington only. All persons wishing lo participate in either of the informal regional hearings should file a notice of intention to appear, postmarked on or before April 11, with Clarence Page, OSHA Office of Committee Management. Docket No. H-004, Room N3633. Department of Labor. Third St. and Con stitution Ave.. N.W.. Washington. D.C. 20210; telephone. (202) 523-8024. Such notices must contain the following information: The hearing location at which the person wishes to testify -- either Bel Air Hilton. 333 Washington Ave.. St. Louis. Mo. 63102; or Holiday Inn. Golden Gate Way. Van Ness Ave. at California St.. San Francisco. Calif. 94109: The name, address, and telephone number of each per son to appear: The organization, if any. which the person represents; The issues that will be addressed and a brief statement of the person's views: and Complete copies of any studies, scientific or economic data, or any other documentary materials which the person will be presenting for the record or discussion at the hearing. All persons giving advance notice as outlined above will have time reserved for oral presentations. Persons who have not submitted advance notices and who wish to testify will be allowed to give oral presentations if time permits. Priority, however, will be given to those persons who have submitted notices of appearance. All written submissions will become part of the record of the proceeding and will be available for inspection and copy ing at the OSHA Office of Committee Management. Any person who already has filed a notice of intention to appear, or who intends to file a timely notice of intention to OCCUPATION* AFETY & HEALTH REPORTER appear at any of the hearing locations may ask appr;gr:a:e questions of any other participant at any of the hearing locations. In addition, any person who has filed a notice ef intention to app*ar in Washington, but now wishes to make a brief presentation at one of the regional hearings instead, may do so by notifying Clarence Page at the OSHA Office of Com mittee Management as soon as possible. OSHa stated. Appropriations MESA SEEKS SUPPLEMENTAL FUNDS FOR INSPECTORS' SALARIES. HELICOPTERS The Interior Department s Mining Enforcement and Safe ty Administration requested a SI. 100.000 supplemental ap propriation for fiscal 1977 for increased inspectors salary costs and for the use of helicopters in surface operations in spections. Robert E. Barrett. MESA administrator, submitted a statement to the Senate subcommittee on appropriations lor the Interior Department which called for $800,000 for salaries of inspectors and $300,000 for helicopter use The statement reflected MESAs desire to recruit mine in spectors from first line supervisory personnel in the in dustry. The normal entry level within the inspection work force is a GS-9 rating which pays $14,000 annually. Accord ing to the request, the average supervisory starting salary in the mining industry is $16,000 to $32,000 annually. Recent Civil Service Commission action enables MESA to offer start ing salaries of $17,000, a more effective position (or com petition with industry. f Halieopttrs The appropriations request also included $300,000 for the use of helicopters in surface mine inspections. The ad ministrator's statement indicated that MESA s inspection program is behind schedule due to ihe inability to schedule surface mine inspections effectively. By leasing helicopters in the eastern coal areas, the administration seeks to con duct inspections efficiently and to make additional inspec tions. The request maintains that greater efficiency and ad ditional inspections justify the increase in costs. Public Employees AFL-CIO REPORT SUGGESTS CHANGING STATE PLAN RULES The AFL-CIO Public Employee Department suggested in a report entitled "Occupational Safety and Health: `A Promise Unfulfilled for Public Employees'" that ihe Oc cupational Safety and Health Act be amended "to prohibit implementation of state plans which do not meet federal safety standards and enforcement practices applied to private industry." The report declared that "public employees are being denied the forceful protections of the Act which are provided workers in private industry." It notes that 23 states receive federal funds for stale plans that include protection for public employees and that several states have developed public sector safety and health regulations on their own in itiative. But OSHA, according to the AFL-CIO report, "permits state plans to operate for Lhree years without containing the .specific guidelines in the federal law." Occupottonal Safety & Haatih Reporter 2306 CURRENT REPORT 1257 Mice. rats, and hamsters in the Maltom study were expos ed to various levels of vinvlidinc chloride through inhalation beginning with 10 parts per million parts of air for up to one year, according to Hammond. Kidney cancer developed in some of the mice at an exposure level of 25 ppm but did not appear in rats and hamsters. Hammond reported. At higher doses the mice died before getting cancer. Maltom also exposed mice for two years without ill effects to 10 ppm of vinvlidine chloride, which Perry Gehring of Dow said is more than the exposure level received by Dow employees working with the chemical now. "If people were exposed to kidney damage, it would have come out by now; it's obviously not carcinogenic." Cchnng. director of toxicology research at Dow. said. He explained that 128 employees, some of them with histones of exposure dating back to 1944 and levels up to 75 ppm of vinylidine chloride, were studied and "the tests-have been negative, no health problems." Gehring emphasized that in Maltoni's study no cancer appeared in the rats and hamsters, which, he said, agreed with results of a nearly finished Dow study that exposed rats to levels of 25 ppm and 75 ppm of vinylidine chloride "with no pathological or carcinogenic damage." "A key factor is that the effect was seen only in mice." Gehr ing said. Although the Dow study does not include exposure to mice. Gehring said the company probably would wish to investigate the metabolism of vinylidine chloride in mice. Asked about the possibility of vinylidine chloride leaching into food from plastic wrap, Gehring said testing, accurate to one-to-five parts per billion, showed a complete absence of the chemical in food packaged in plastic containing vinylidine chloride. "There is absolutely no hazard to the consumer," he said. Recommended Actions Selikoff. who is director of the Environmental Science La bora tor}- at Mt. Sinai, said the industry should take note of Maltoni's findings and look for ways to reduce contact by workers and consumers with the chemical. "I am strongly convinced that this will prove possible." Selikoff said. To protect the worker he suggested the possibility of using closed systems in production and cited past success with vinyl chloride. As for the use of plastic wrap containing vinylidine chloride and the consumption of plastic-wrapped food, "the problem here lies with the residual monomer and whether it leaches into the food." Selikoff said. "Our experience with vinyl chloride is that this problem, too, can be solved," he added. LawTence Garfinkel, assistant vice president of the American Cancer Society in New York, suggested that "the next step is to get the government representatives to follow through." Representatives who attended the medical con ference with Malloni. Hammond. Selikoff, and others includ ed officials from the National Institute for Occupational Safely and Health and the Occupational Safety and Health Administration. Roscoe M. Moore, technical evaluation chief. NIOSH, said a full-scale epidemiological study to detect any excess mor tality among workers at a polymerization plant which at one time produced vinylidine chloride will be launched by NIOSH in about three months. The study at the BASF Wyandotte Corporation facility in South Kearny, N.J., was requested after preliminary in vestigations showed some liver changes in employees who worked with vinylidine chloride. The Malloni research was sponsored by BASF. AG of West Germany. Dow Chemical Corporation's Europe division, Imperial Chemical Industries of Creat Britain. Solvay of Belgium, and the Italian Government. Diving Operations ARTHUR YOUNG ARGUES PROPOSAL WILL NOT AFFECT ENERGY SUPPLY The United States' energy supply will not be significantly affected by any price increases in commercial diving caused by the Occupational Safety and Health Admimsiration s proposed standard for that industry, according to the posthcarmg comments of Arthur Young and Company Arthur Young and Company filed its comments in response to criticism of the inflation impact assessment it prepared for OSUA on that agency's proposed standard for commer cial diving operations (Current Report. February 17. p 1210). Info Works, a Louisiana consulting firm hired by the Association of Diving Contractors, said during GS1IA s public hearing on the proposal in New Orleans. La., that price increases caused by the proposed standard s re quirements would affect the U.S. energy supply. Commer cial divers are employed in the exploration and exploitation of off-shore energy supplies. Arthur Young slated that "the demand for commercial diving is relatively inelastic, particularly m the energy supply sector." The company argued that "the user industries would not diminish their use of the services as the price in creased." Underwater Welding Chicago Bridge and Iron Company, Houston. Tex . declared " strong objection" to any prohibition of AC un derwater welding. The proposed standards do not include such a prohibition, but. according to this company, "interested parties are now proposing to prohibit AC welding underwater." Miller Electric Manufacturing Company, Appleton. Mass., also argued against prohibiting AC welding underwater. The company's vice president wrote that "to infer that DC is safe and AC is lethal is a gross oversimplification." The company manufactures equipment used in AC underwater welding. Shallow Water Diving Several companies submitted comments similar to the statement of Northwest Divers Supply. Inc.. Coos Bay. Ore., which said. "As admitted by OSHA, compliance with the proposed safety standard will force some shallow water div ing companies out of business. Because of this we are asking that shallow water diving companies with less than 10 full er part-time shallow water (less than 120 feet depth and 30 minutes ascent time) divers be excluded from the safetystandard." OSHA has said that it expects to issue the final standard around mid-year 1977. The period for submitting post-hcarmg comments closed February 28. iprfestos FIBERS MAY BE RELEASED IN PROCESS OF EXFOLIATION OF VERMICULITE ORE inspections of exfoliation processing of vcrnuculilc ore will include evaluating worker exposure to asbestos, the Oc cupational Safety and Health Administration said alter receiving data on asbestos content in the ore. Copyright 197? by The Bureau of Notionol Inc. 2307 1258 Exfoliation is a process which subjects vermiculiie. a mica, to strong heat in order to separate it into thin sheets, which is its most useful form for insulation and other products. In a memorandum to regional administrators and area directors February JO. OSH A reported receiving a study that said asbestos fibers had been found in vcrmiculitc ore. "On February 1. 1977." the memorandum began. "0S11A received the enclosed report which indicates that asbestos fibers have been detected in samples of vcrmiculitc ore. When vcrmiculitc is subjected to strong heat in industrial processing, it exfoliates or separates into thin sheets. It is suspected that asbestos fibers may be released by this process and be present in a fine dust with the final product." The instructions continued: "Although the enclosed study does not indicate the degree of hazard since fiber counts were not performed. Uio potential for employee exposure to asbestos can be inferred. Therefore, future inspections of ex foliation processing of vermiculiie ore Shalt include an evaluation of employee exposure to asbestos fibers." The report was based on preliminary findings by in vestigator A. Rohl. with support from the Health Research Council. Rohl found after sampling ore from an unidentified "major U.S. vermiculiie source" the presence of tremolitc and chrysotile asbestos, although the amounts of the fiber were not yet measured. The report said exfoliation to create the lightweight ex panded form of vermiculiie could release the asbestos fibers in dust so that "potentially hazardous concentrations of asbestos may be contained in the dust produced by the essen tial stage of expansion " In addition to insulation, vermiculitc is found in concrete, plaster, and cement aggregates, soil conditioning, fertilizer earner, and litter. More than 3t>0.000 tons were produced in 1S*71. the report noted, and the output has increased at the rate of C pereent each year. The report recommended examining vcrmtculite con sumer products as well as monitoring workplace conditions It proposed that potting soils and Utter, in particular, be oxann '! lor asbestos sire-: die products "can be expectrd to rcli .'.sc respirable dust during use." The methods for analysis of asbestos, according to the report, are X-ray diffraction in the step-scanning mode and electron microscopy. .As part of analysis, the report propos ed freeing chrysotile and other asbestos fibers from the structural layers of the vermieuiite through (he use of ul trasonic energy. One recommended method was a sonificr cell disrupter. Cotton Dust TYPOGRAPHICAL ERRORS CORRECTED IN COTTON DUST PROPOSED RULE Corrections of typographical mistakes in the December 28 notice of proposed rulemaking on cotton dust exposure were published by the Occupational Safety and Health Ad ministration. A list of 34 typographical corrections to the earlier notice appeared in the Federal Register February 25 (42 FR 110231. but there was no change in the date (March 4) for submitting comments on the proposal or notification of in tention to appear at the public hearings, still scheduled for April 5. The Full Text of the proposed standard and notice of hear ing appeared in the OSHR January 6. Current Report on p. 1005. OCCUPATIONAL SAFETY & HEALTH REPORTER Umona AFL-CIO URGES PRESIDENT CARTER TO RESCIND INFLATIONARY IMPACT ORDER The AFl/CIO Executive Council urged President Carter to rescind Executive Order ] 1821 requiring in flationary impact statements lor all proposed regulations. In a separate statement on occupational safety and health issued at (he end of its winter meeting m Bal Harbour, Fla., the council called renewal of the Executive Order by former President Gerald Ford "a secretive, eleventh-hour attempt to repay his business supporters in the election" and added the statements place "a dollar value on the lives of workers and have blocked development of occupational health stan dards." The text of the council's statement follows: "The trade union movement fought long and hard for passage of a strong occupational safety and health law to stop the suffering and death in America s workplaces. Wc will not permit-destruction of the Occupational Safety and Health Act by right-wing zealots and employers who place profits ahead of human lives. "We find repugnant the contention that an employer has a constitutional right to kill or maim workers. Placing proper ty rights ahead of human rights is contrary to.the spirit of America. "Since this enactment in 1970. the Occupational Safety and Health Act has been the target of some in Congress who seek to curry political favor with reactionary business and right-wing groups. These political opportunists have repeatedly tried to emasculate or destroy OSHA through dis tortion. propaganda and lies. "The failure of the past two administrations to properly administer and enforce the law has added fuel to the fire. Inadequate budgets, t.hort staffing, misordcred priorities, sloppy procedures, poiriv drafted regulations, unnecessary delays and attempts tc politicize OSHA have undermined the law's effectiveness. "There has been no more persistent ar.d consistent critic of the administration and enforcement of OSHA than me labor movement. Our aim. however, is to make a good law work through proper administration. "We arc encouraged by President Carters many statements of support for this law. and commend his recommendations that OSHA regulations be drafted in clear, understandable language. Nothing is more essential to public support of this law than understanding of what it is designed to do. "We urge President Carter to rescind Executive Order 11821. renewed by former President Ford in a secretive, eleventh-hour attempt to repay his business supporters in the election. This order, which requires so-called `inflationary impact' statements on OSHA standards, places a dollar value on the lives of workers and has blocked development of occupational health standards. "We also urge him to require the Secretary of Labor to en force the occupational safety and health guidelines in Section 19 of the law for all federal government agencies. The government can and must set the example for private employers in the area of job safety and health. "The labor movement will continue its efforts in Congress for adequate funding and staffing for OSHA and the Toxic Substances Control Act of 1976. which is administered by the Environmental Protection Agency and will provide ad ditional safeguards for workers exposed to toxic chemicals. "And we serve notice: The labor movement shall not rest until every American worker enjoys a safe and healthful workplace." Occupational Sofy A Haolth Reporter 2308 m ASBESTOS INFORMATION ASSOCIATION 1745 Jtlr*on Daws Highway. Crystal Squar* 4. Sunt 509 ArlKigton. Virginia 22202 (703) 979-1150 31 May 1978 OSHA Generic Cancer Regulatory Hearings Underway -- Public hearing on OSHA's proposed generic policy for regulating carcinogens began May 16 with an opening statement by Agency's director of health standards, Grover C. Wrenn. Wrenn stated that OSHA's procedure m the past to initiate rulemaking on potential cancer-causing sub stances in the workplace on an individual basis as reports of scientific study became available has been slow and inconsistent. The generic cancer policy would provide a systematic procedure for quickly identifying, classifying and regulating carcinogens, he said. Wrenn stated that the proposal would not establish a "risk free" workplace, but the policy would provide that "workers should not be subject to the risk of irreversible illness when it is feasible for that risk to be reduced or eliminated." The hearing timetable calls for OSHA-invited witnesses to appear through June 13. Witnesses for industry, principally the American Industrial Health* Council, and others will follow with the hearings scheduled to conclude July 25. Dr. Harrison B. Rhodes, Union Carbide and member AIA/NA Executive Committee, is''scheduled to appear on behalf of AIA/NA July 19. So far less than expected news media attention has been given to the hearings though increased interest is expected. Among witnesses appearing to date have been top officials of the National Cancer Institute, National Institute of Environmental Health Sciences, and Food and Drug Administration. All spoke to the estimate of risk in regulating cancer-causing substances in the workplace. Dr. Arthur C. Upton, NCI, said he had been astonished at the magnitude of health problems among asbestos workers. He said a zero level of exposure to a carcinogen was technologically infeasible in most industries adding, "Some position between zero level and an un controlled condition must be arrived at." Upton commented that, "with the evidence available today, I would not point to another chemical that has taken a greater toll than cigarette smoking." Dr. David P. Rail, NIEHS, said, "Since 16% of. our population now dies of cancer, I submit that as a population we have now exceeded any theoretical threshold." He took issue with thought provoking and frequently referenced article "Carcinogenic Risk Assessment" by Dr. Jerome Cornfield (Science, Nov. 1977). He said Cornfield had erred in his assumption that we are dealing with a single dose. "I know of no carcinogen which OSHA regulates to which a worker is exposed only once," he said. Dr. Donald Kennedy of FDA said he knew of no way to quantify risk but he added, "from a scientific view, it is important to do so." He said that although it is theoretically possible that a threshold level for carcinogens exist. 2309 Si/J