Document M43GX1yJ7Qj3MdDgzk2kwG6wz

John L Kimberley gee+**m Hm >m>M Ln I A--oc^Ma*. tng. / ZM MMi, Im. August 16, 1971 TO: ALL 0.8. K3CBER COKPAXUS Of LIA ALL SUPPORTDIO CCKPAIXES 0T El WOT DOLORD OTIS LIA SUBJECTS PUBLIC LAW 91-596 91st COXJgreSS, 8.2193 December 29, 1970 ATZESTZOV: Gentlmmesu Tb subject Act to be cited ms the "Occupational Safety and Health Act of 1970" has the following preamble: "To assure aafa and healthful working coodltlona for working men and women; by authorlilac enforcement of tha atandarda developed uivier tha Act; bp assisting and encouraging tha St ate In thalr afforta to assure aafa and healthful working condition!; by providing for research, Information, education, and training In the field of occupa tional safety and health; and for other purposes.* Enforcement of this lav has bees assigned to the Department of Labor. American 8meltlig A Refining Company's Ciuha lead refinery has been cited under the lav. In order to establish guide lines for Industry, Dr. J.7. Cole arranged for m meeting in Washington on Tuesdsy, August 10. He has prepared a report on this meeting (copy attached), ffrla report shows those In attendance. Discussion during tha meeting was stifled because of the pending hearing first of Its type - with ASARCO apparently serving as a guinea pig. The Industry people at tha meeting, namely Messrs. Maim of .XL Industries, Failles of KSB, Kelson of A5ARC0 and Cole, lynam and Kimberley of LIA-ILZRO were unanimous In their reaction that the Dept, of Labor' e attitude on this bill Is going to be tough, with little. If any, roam for Industry'Tnterpretation or negotiation. Labor had little Interest Is the Industry's uss of biological monitoring (blood le^ and urine lead determinations) to safeguard personnel. Their only concern vas that the plant's working enrlroments be as specified. Presently the AX3I standard of /Z37.111969 of 200 sdcrograma per cubic meter as determined on a "time weighted average" 1s their only concern. 'u p 'W 'w j .gjfjy rn Meornon Avenua Nn Yof*. N. Y. 10017 PL It v&j agreed that nany of the requirement! of the Act have not yet been implemented with the needed regulations and Instructions. While the UA le not, and la not expected to be In a poeltlon to participate In all hearings that may develop In the future or In behalf of all conpa&lea that nay later be Involved, ve propose In thla caae to participate In the ASAKCO Ooaha plant hearlt^s aa nay be Indicated neceaaaiy. The objective of this "first participation" will be to becease better Informed on vhat nay be expected, and be In a better position to keep the Industry advised. \ IT IS RECOGSIZED THAT TOO HAT BDT BE THE FERSOB H TOUR CCKPA5T TO BECOME ACTXVtUr urvoLvn) a t h is h a t t e r , wni y o u p l e a s e f o r w ar d t h is l e t t e r t o t h a t p r o p e r putsar, ' AJO LET HE KROW AS TO HOV FUTURE MAILECS 0* THIS SUBJECT SHOULD BE ADTRESSED. ` k 1 -...isMmtf* ia* einfininreinfr. \ j^pgag|jgjHg|in v is it r epo r t Date: s Location: August 10, 1971 Department of Labor Railway Labor Building Washington, D. C. Period* present: Kr. Joen P. O'Rell, Dept, of Labor, OSHA Offlc* of Standards Development Nr. Jor.n A. Proctor, Dept, of Labor, OSHA, Office of Standards Development Nr. Sugene Regal, Dept, of Labor, OSEA, Office of Standard# :1 Development Nr. Marshall Earrla, Dent, of Labor, Solleltor'e Office Kr. Say McClure, Dept, of Labor, CSKA, Office of Coaplleace Mr. Denny Cobin, Rational Institute of Occupational Safety and Health (SICSH-KXV) Liaaoo vita Dept, of Labor Nr. X. V. Eelaoc, American Smelting and Refining Nr. V. L. Menn, H. L. Industries Mr. W. N. Pallia*, ESB, Inc. 9 Mr. J. L. Kimberley, Lead Industries Association Dr. J. P. Cole, ILZSO-UA ) Nr. D. S. Lynaa, ILZMO-LIA Report bjr: J. f. Cole, D. R. Lynaa SCBCECT: Occupational Safety and Health Act The purpose of toe meeting wet to obtain from the Department of Labor interpretation o:' certain aipect* of toe Occupational Safety and Health Act of 1970 aa It applies to tee lead Industry. Certain question* Had cone froo the industry Which required Inter. P'etatlon, particularly ute of biologies' monitoring, atmospheric stapling procedurea, ute of personal protective equipment, poetlng of relevant symptom* and warning of naiards. An Interpretation froo toe Vaahlngtc office would oalt the need for each member to contact regional reerrtentative: and would provide uniform guidelines throughout tne Industry. T:.f pertonnel from tne Department of Labor were very reluctant to discuss any aipect of tti Occupational Safety and Health Act, using tne pending nearing involving ASAJCO ae tne reaton. However, It waa clear that air caapllng la their only baaia of evaluating occupational exposure to lead. Tbe evaluation of expoaure by biological monitoring (of blood lead and urine analyses) la irrelevant froo an enforcement standpoint. It waa pointed out by tne representatives of tne lead industry that tn* ute of a good industrial hygiene program using blood lead determinations of the exposed population at the basis la the best ootolble means of controlling lead exposure in industry, tur^passlng air sampling Nr. O'Rell expressed the view tnst tne provision In the AK5I standard (incorporated into the Act) for biological monitoring Is cot a means of environ mentsi control. Rather, It la for the medical evaluation of the worker, and thi* concept la r.ot accepted by the Department of Labor. i \ N 3468.01 LIA1454 1 ') K f, L- % 9 Bo consents were made by th# Labor personnel when they vara asked to provide guidelines on ssapllng techniques, especially length of (sapling period. Mr. JfcClura did consent that respiratory or site (elective sampling equipaeot is hot satisfactory arid only sts open face type of entry bead (which collects the entire else range of particles) Is acceptable. It also appeared that the use of respiratory protective equipment for controlling exposure would not be acceptable under any conditions. Only when all possible (without regard for econoetlc feeeabllity) engineering controls could be shown Inadequate, could respiratory protective equipment be considered for use. Mr. Proctor explained that standards bare not yet been prepared on the labelling and posting requirements under the Act. Tbs industry was advlsad to watch for the publi cation of tbs proposed standards In the federal Register. Representatives of tbe lead industry agreed that all possible assistance should ba given to ASARCO in this initial case agsinst the lead industry, since precedents will be set at this time. It was slso agreed that an appeal should be made to the Secretary of Labor regarding the opposition of the Labor Department to the uee of biological results for controlling occupational exposure. ;-s f i- i ;aaia t