Document XR1X3VyL7pg0ENYvqwQggY2BJ
FILE NAME: Union Carbide (UC) DATE: 1973 DOC#: UC380 DOCUMENT DESCRIPTION: Federal Rules & Regulations
RULES AND REGULATIONS
Title 29--Labor
C.RF7E.T XVII--OCCUPATIONAL SAFETY A.V) WEALTH ADVilNISTrlAnON, 0pa;:*;;snt of lal'oh
PAS f 1S1C--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Pension of Emergency Temporary Standard on Certain Carcinogens
Or. fifay 3. 10T3. an emergency tem
porary standard on certain carcinogens "as prcutuigaicd imdrr section tire) of :r.e VViHfams-Sieigcr Occupational Safety ana Keaith Act of 1370 (33 7R
i322fo. Tiie standard is based on the
fifidtfigs th at the substances listed in the
standard are harmful. that exposure to arty of the substances poses a grave dan
ger. th a t employees are being exposed to
t.-.em. and th a t the emergency temporary
stattcard is necessary to protect the em
ploye from grave danger.
Since ihe publication of the standard,
numerous comments, objections, and rec-
ctrnr.tr.detions have been received. A
while range of issuer has thus been raised. Tne finding th a t all the listed substances are harmful to humans has
b;-r, questioned, as well as the wisdom
of regulating on a common basis fourteen
substances of varyiDg properties and uses, and the necessity of ali the require-:
mems of the standard.
The emergency temporary standard has been reexamined in the light of the
new contmsms and arguments- And it h ;s been cstermined that certain changes in the standard are necessary to
tauor tne requirem ent for different types
of orhplaces and work operations, and
to clarify the standard.
Therefore, pursuant to section Sic) cf the v.Tutnms-Sveiser Occupational Safety
ar.d He.-.ilh Act of 1ST0 (84 Stat. 1536; 23
C.5.C. 635 > and Secretary of Labor's Or em No. 13-71 C2S 17. 8751), 20 CFP.
ZCTJ.S' c is revised to read as set forth
below.
The principal changes made by the re vision .-.re:
(1> The standard as revised deals more pirr.cuiariy rrith .fierent work opera-
ttons. such as isolated environment op era-inns. closed system operations, and open vessel operations;
'2) The particularization of the stand
ard h is permitted ti;e specification of different, cor.rroi measures necessary to protect employees engaged in the dlfitr-
cr.; categories of operaiions. Compare paragraph (c>li> with paragraph (c) .2'; and,
ij i Tiie legend on the warning sign
and label is changed to apprice employees more accurately of the hazards to which
mey arc exposed. The original findings ccr-rerrung the toxicity of all the tou:-
:s?n substances listed irt the standard, tit* grove danger resulting from expo
sure to 2 r.y of them, and the exposure c-f empioyees to them, are reconfirmed. Ana the standard as revised is considered
necessary enti suiLnctit to protect cm-
ployeo-j from the grave danger from ex
posure lo any of the substances.
l'JJ 0.93c Circiiii^t'ns
(a) scope ar.u copUcation. This sec tion applies to any workplace in which a carcinogen is iiiar.uf.ietuied. processed, used, rcpaclcascn. released, hart-died or stored, but shall not apply to any work place involving irr.turxhtpntwtt of carein ojetts in sealed containers.
lb) Ds/iir.Tionj. <1) "Carcinogen" means any of the stihstartess listed below, or any mixture containing 1 ixtrccnt or more of sudi substances, by weight
ICnotsuiii Ni).
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6........
7........ S____
..... ..............
i ........ N-NimH>j*rat;!TknuQt.
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n ___ .MHhvi CLl-wr:nrurlthvr.___
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f:rtj :ts 1li0lUiU44
(2) "Controlled area" means an area to
which access or egress by employe is required to be restricted and controlled by tile employer under this section.
(3) "Decontamination" means the re
moval or inactivation of a carcinogen.
(4) "Isolated environment" means a
fulls- enclosed structure, which is im
pervious to the passage of a carcinogen, which is not tiie vessel of cor.tafrar.ent of the carcinogen, and which prevents
the dispersion or a carcinogen Into areas
or atmospheres where etr.p'-oyer: would be exposed to contact with th at carcino
gen, even n leakage or spillage from the vessel of containment occurs.
to) "Closed system" mean en opera
tion or equipment involving a carcu-.ogen where the containment precludes, tinder normal conditions, the exposure
by any route of employees to a car
cinogen.
(G) "Laboratory type hood" means a. device enclosed on three sides, and the top and bottem. ventilated to witr.draw
air inward and away from the open side, designed and cotisrructcd in such a way
thr.t an operation involving a carcinogen within the hdvii dobs not i squire the kuert.cn of any r onion cf ar.y em
ployee's body other than his hands and
arms.
.
ic) JttQuircnisnis for erect confcfrir.g
errcviOQcnt. A controlled area shall be
established by tiie employer where a car cinogen is mr-nufuctured, prcrcssrd,
used, repackaged, released, handled or
stored. Ail such areas shall be controlled
in accordance with the requirements for the following category or categories de
scribing the operation Involved:
(1) Isolated nivirnr.mcr.t operetiars.
Where a earcutoz-'n is contained within an isolated environment, sik'.i ;'-s a "glovo
box." employees working with such en
vironments shall. upon each exit from
liic area, be required to wash their lands
ami -'.Nits at the point of tuft from the
area con taming the isolated environ-
mer.L
(2) Closed sustcri operation,. Where
a earctttosvn is stored in senied contain
ers. or contained in a cicdeq system. suclt
as fully entioxed process or tratwfer
equipment, btcitidh'.- pipes, and sample ports or openings are not tie d while a carcinogen is contained within:
ti) Access to tiie controlled area shall
be restricted to otiiy emslovees who work in that area.
(ill Upon entering the controlled area
at the first entry of the work day em
ployees snail lie provided with and be
required to put on anti wear clean work
clothing. such as smocks, coveralls, or long-siccvcd shirt and long pacts.
(iti) Such employees shall be required
to remove and leave that clothing at the
point of exit upou each exit from that
area.
.
(iv) Such employees shall be required
to wash hands and face upon each exit .from th at area, no; necessarily at li e point of exit, but in the establishment.
(v) Such employees shall be required to shower after last daily exit from that
area, not necessarily at the point of exit, but in the establishment.
(3) Closed system trarjfcr or Charg ing or discharging point operations. In
operations involving "laboratory type hoods." or in locations where a carcino
gen is contained in an otherwise "dosed system," bu; is transferred, charged, or discharged into other normally closed containers with venting to the atmos phere:
<i) Access to the controlled are.-, shall bu restricled lo only employees *-bo work in that area.
(ill Continuous local exhanst ventila tion shall be maintained to prevent the dispersion of the carcinogen to areas where employees could, without such
ventilation, be exposed to file carcinogen.
(iit) Upon entenr.g the controlled area
at the first entry of the work day oil
employees shall be provided with end be
required to put on ar.d wear clean work ciothir.g, such ns smocks, coveralls or lo:i2-sleevod shirts and '.eng pants.
(iv) Employees in the controlled are?
Involved in carcinogen bandits; opera
tions shall be provided vttii ar.d be its
qv-ired To 'trci.r
pr.ijoAMve
rr.en-, scec;;'--^ to rw v :;r e ra s u re :e a carcinopoir
<v> S::eh e m p lo y e sr.uiS be required ta remove ar.d leave mat clothing at tbe
paint of exit upon each exit from that arca.
(vl) Such employees shall be renu-.red
to wash hands and face upon each- exit from that area, not necessarily at the
point of exit, hut in the establishment.
ivih Such employees shall be required ta shower after last dr.ly exit from that area, not r.-.ress.'.riiy at ii:-; point of exit.
(vtiii E:r.. '.ovcc-i in the controlled area shall bo rey.nr; to remove and leave all protective eq-.tiim-.en: at tile head sit* or charriL-/;. dbcharg::;;! or transfer point after rv.rk a i that site or point
'KJc^ FEDIRAI R'CltlER, VOL 3, NO. 144--FRIDAY, (Ulif S7, t?7J
'
A203 /
1 l
ilSS?!
(4). OpcYi vessel operations, Where a
carcinogen Is cbr.tained in a vessel op:n
to the work enTironatcr.t: (la Accra: to the conlrckcd area shall
be icattccted only to employees who work in the area.
til' Continuous local exhaust ventila
tion shall be maintained at such opera tion locations sititcic.nt to prevent the dispersion ot the carcinogen to areas
where employees could, without such
ventilation, be exposed to contact with
the carcinogen.
(1:U Clean work clothing shall be pro
vided to employees whenever they enter
such a controlled area and shall be re
quired to be worn by employees working
In the controlled area. Such garments shall include footwear, socks, underwear,
outerwear, and head covering. (iv) Employees working in the con
trolled area shall be provided with and
be required to wear personal protective
equipment adequate to prevent exposure
to a cariclnogen. (v) Employees working in the con
trolled area shall be required to remove
and leave all work clothing and protec tive equipment a t the point of exit from
the controlled area, and shall shower a t th a t point, upon each exit from the con
trolled area. <vt/ Toilet and drinking facilities may
not be used in the controlled orea,
(SI Ciher Operations. In operations involving the decontamination of sur
faces containing a carcinogen, either as a part of cleanup of leaks or spills, main
tenance or repair operations on systems
or equipment, or any operation invoicing
work in an area where direct contact with a carcinogen could result without
protection, each employee entering an ?Eoc:ed area where operations of that typo are being performed shell;
(1) Es provided with a clean, full, im pervious, pressurized. ? ir-suppiied suit;
HO Ea required to p u t oa the su*t before entering the affected area and en gaging in such operation:
(iii: Be required to wear the suit in such an area and during the operation:
iivi Be decontaminated before leav
ing the area and before removing the suit; and
<v> 2e required to shower after re moving suer. suit.
(Ci "Oci-of-coors aperaiions." In an operation ever.bed in paragraphs (c)
(1) tnrough t5) of litis section th at is otit-o:-doors, rather than being con fined in an enclosed structure, general mechanical rerttiiatiort is not required.
fc Cc:'.."rei cor.trct'.lil area ret;::ire-
Im nd.ir.lLh to the controlled area
rest
r.ts for types of operati:cr.s
lisetd ill Imragraph tei of tilts sec::?oa
Do 0!'ov. trig requirements apply to ell
contro ::::t areas.
U> \:wvh employer skull establish :nnd
coif,
re
. * ,4
;a list urea.
of T
employees e he H.--t shall
nur be
i::Z mad
^ s
ii'.ru'-.il,'.e on request to ntitiic;vred reyre-
ser.**, / C5 cf the Secretary of Labor
m T)v:: empio:, er a mil pro vide all wo: : clollttng. protective clothing, cquta-
RULES AND REGULATIONS
2007,-;
ment and wesh and shower supplies, in
cluding towels. required b7 this section.
(3) Any required shower rooms shall
be providrd in accordance with
} 1919.3*1. Shower supplies n a y be in
troduced into a shower room only
through a nonconiatninated area.
(ii No iood or beverage iha'.l be per
mitted within a controlled area.
(3) No smoking or smoking materiais
or tobacco products shad be allowed
within a controlled area.
t6) Appropriate instructions and signs
shall be posted to inform employees of
the procedures th at must be followed in
entering and leaving a controlled area.
(7) Any equipment, material, or any
other items th at are to be taken into or
removed from a controlled area shall be
taken is or removed from such area in
a manner which does no! contaminate
any employees outside the castroiied area.
(8) "When only removal of outer clothins or personal protective equipment Is required under paragraph <e> of this section a t pout! of exit front a con
trolled area, an employee must be able, upon exit from the controlled area, to enter the change room, remove outer
work garments and equipment and leave them in th a t room.
'31 When chance and shower facili
ties are required under paragraph (cl of this section at point-of exit from a
controlled area, they shall be arranged
so th a t upon exit, an employee must be
able to enter a separate dirty change
room where he can undress completely and leave every item of clothing and
ecuiatner.t. He mure then be able to shower in an adjacent room which he
can titter through an entrance designed to prevent Use escape of carcinogens Irom the dirty chance room to the shewar room. Thereafter, lie m-ust be able to
enter a ciean chance room where fcls street clothes are in his locker.
(10) When work area garments or pro:ecuve clo-.htitg and equipment are required under paragraph lc> of this
seevion to be worn In a controlled area, a clean change room must be provided so that before entering he controlled area the employee can change into clean work area garments or protective dotnir.g and equipment in an area not containing
contaminated cr used work claihirtg or
equipment and without passing througti-
iuch r. cMunjttinn; ed a ria to enter the
con:-i`0 :led area. Tr;e cUan chiir.?e re err:
shall uve indivia uri storrire: iacU::i*s
for sioraye ci stri
i ;:q cicr.n
pro;E-c:tve clothing and equipment.
O P Continual;. trcr.crai r?tech.vniral
t ventilation
b? provlcec in
condro'led areas, or e;:;?r pc::; ivc means
id, so ha; a: t Troni :::c ccntrclied
nrea ciLees cot Saw to r.on-coh.trcl'.fd
Local exit; last ver.lila non may
satL-ify this require ment. Cica:i makeup
air *:w,.11 rcpir.ee a:r removed.
(?) :T.yns ar.d le. Oils. (I) III trances to ccncru led a re .j sit.'-lJ be p ..red with lCS^;>'o signs bsarir:,g the lege::id:
CAN'cna-srspECT agent to this sn _
Tbls ayeat te 7 be h.vrtrdoas to your ttv.pj
ACTHOHIEED PERSONNEL OStT
For Isolated environment operations. the sign shall be posted on or near tr.: iso lated environment structure.
(2i Equipment, material, and c'.othm j contaminated with a careir.ogsn shall not be removed from a controlled area, unless it is either decontaminated or sealed in impervious containers bearing me legend:
DANGER
Containmstill with
CANCER-SUSPECT ASENT
This egefit may be hiaardoos to your hexltb
(3) Entrances to every controlled area for operations described in para graph (c) (5) of this section shall be pasted
with legible signs bearing ate legend:
CANCER-SUSPECT AGENT EX PO SED EC T H IS AREA
TUI* g en t m ay be h azard o u s to y o u r E e ilih
fuel D.r?E?.vrons pressurized , a SCPP1IED SCTT REQUIRED AT ALL TIMES
AUTHORIZED PERSONNEL ONLT
if) Cleaning, Cor.lrallec areas involv ing open vessel operations or other operations, as described in pars.graph <e) (41 and `5) oi thi3 section, shall be cleaned thoroughly not less than once each working day. Employees engaged in the cieamng shall be provided, and shall
be required to wear, personal protective equipment adequate to prevent exposure to a carcinogen. Such employees shall be required to wash down "Carefully cetera removing protective equipment, ir.d thin shower.
(gi .Decoaintr.lxsiion. Dceor.timfr.ation processes shall be established and implemented to remove carcinogens or. surfaces of equipment, materials, ir.d the decontamination faculty, that are known to be contaminated with a carcinogen.
ih) U'csfe dispersal. Waste cispossi methods and processes shall be estib-
Itstisd and implemented which do r.tt permit carcinogens to be introduced into tier.: .'Strolled areas.
ill Medicsl surrqi/tc.ace yregroktr.
Each employer subject to this seettcr.
shall report In wrtiui? to the Orvttps-
tional Safety raid Hsailh Aimtitir.raitrn.
O.l.ce of Standards. Room f t -if l T.ttt
Street. ICW.. Washington. D.C.
kt-
iwm,,u:o;i as to r.r.y kind ;; ntedtcal
surveillance program that it.ts beer vclunlaaly instituted by the employer.
* t.1' Monilorino. All employers :ub;r-:t to this section shall report tr. wrtttr.' to the same cfdce information as to the type of monitoring system tin t hts teen insulated.
(k> Reportin';. Every employer subject to t!als sectiur. sttnli report m writing to tl:e Occupational Safety ar.f Hcoitb AduiitHu ration, Okies of Stat'.aards. tr.e following information;
lit--Pit I--- s
rf& fiu i a s e is jfs , v o l a , n * . i* -fftlOAY, juiv^t 'AHZ3J /
nyifV
*
' i > The address of each of his con-
i : z'.'.ti. r.! s;
-
-.2- The name and other Identifying
as to the particular earciilo-
fi:.i present in each of his controlled
^^ ;
_
' Tiie approximate number oi cm
;
entering each of his controlled
a rsis dura a representative week of
r . ; ~ a l operations In the controlled area:
4' The manner in which the carcino gens a n present in each oi his controlled areas e.a. whether a carcinogen is man r;;r:rcd . processed, used, repackaged, riis iiid , or otherwise handled,
Efiertive cate. Tliis section snail be came elective on July 30,19*3. -
=. e. public Pax 41-346. 84 StAt. 1393 (29
f t 0. iii) . Sccret.'jy's Order Ko. 13-71 (34
r?. arstij
.
Signed at Washington. D.C., this 24th
day o: July 1973.
J ohn Stench,
.
Asiiitcnl Secretary oi Labor.
PH DM.73-15S10 Pil-it7-2e-73;e:4i ctnl
Title 32A--National Defense, Appendix CHAPTER X-- OFFICE OF Oil AND GAS,
DEPARTMENT OF THE INTERIOR [Oil Import Reg. l (Reg. 5!. Arndt, 391
Instructions for selling plate blocks arc
ts provided for in {257.H e ' <1j ot this
ciirpier. (ii) Precancclcd slam IK axe available
at post offices which have them on hand or have a hand stump for procanccling
puri>a.;es. It is not necessary to b j provid ing stamps ior a permit holder before honorific a philatelic request involving the use of a hand stamp. Hand stamps. or.ee acquired, should be retained by pest offices to fUl requests from philatelists.
*it' Each mail order must he accom panied with a stamped, self-addressed envelope for use in returning the stamps
to the purchaser. i2> Permit holders. Precniicel permit
holders may buy any quantity cf pre-
caticelsri stamps for philr.tehc purposes. Other proeanceled stamps may be p ur chased only for the purpose of paring postage. Unused precanceled stamps may
not be sold for philatelic purposes by per
mit holders. fg) Precanccling for collectors. Post
masters wiil comply with requests for im prints of a precancelin? device on their own stamp stock but no; for imprints on blank sheets of paper or on stamps sub mitted by a collector or other individual.
(39 U.S.C. 431)
Louis A. Cos, General Counsel.
0.1. REG, 1--OIL IMPORT REGULATIONS FP. D o c.T J-lS fJt P iled 7-26-73;S :43 a m i
Miscellaneous Amendments
Correction
It. r? . Doc. 73-15193 appearing a t page I 'i i E tr. the Issue io r Tuesday. July 24. i:-T0. la the 3th and 10th lines from the er.d oi Sec. 11(c) the figures "15 per cent" should read "25 percent".
Tide 39--Postal Service ' CHAPTER I-- U.S. P05TAL SERVICE
PART K 3--PRECANCELED STAMPS
Philatelic Sales Regulations dealing with the sale o' crtiir.ciied stamps have been amended v h h rupees to the quantity of such sihr.as tr.at may be sold to philatelists and the conditions under which they will be scld. Publication of the following j.rr.ead.r.er,ts in the rco sn st Racisrca is efisetive immediately. i. Paragraphs (i) (1) and 2 and (g) oi ; 142.2 Sclt (i;:d urc oj prcccr.ceied i : : --ps are amended to read as follows:
PART 354-- CONDITIONS OF DELIVERY
Checks Issued by the Federal Government
Regulations dealing with the delivery of Federal Government checks have been amended to specify the delivery sched ules for such checks. Accordingly, para graph (d) Checks issu-ed by the Federal Government o' 5 154.1 is amended by the addition of subparagraphs (4) and (5) a> set forth below. Publication c! the amendments In the F cdcsal Register is cGective immediately.
15 t.l Delivery la persons.
*
*
(d) * ' '
`
(i> Treasury checks enclosed in en
velopes which do nos indicate a date of delivery wiil be delivered on the first
scheduled delivery after receipt.
ij) Treasury checks enclosed in en velopes which indicate a cate o ' delivery
will be delivered on th at date or the first
scheduled delivery after th at date. In
3 113.2 Sale and iik oi prrcancrled emergency or other infrequent situations,
flumps.-
. customers receiving deli'.ery service may
4
*
a
request pre-delivery of their mail at the
<:> Phl'.ctciic teles--' l l S'onpcncit !.:.-2c7s. iti A maximum of one sheet of !lim ps o! each of the prccancelcd dencTnunations in sheet form which are r.va.:abie at a post office may be purc.ir.ica m person or by mail by nonpermit
bribers for collection purposes only.
Complete rolls of precanceled coil stamps
may`not be broken for philatelic sales.
ouice of delivery, providing withdrawal of the mail does not interfere with the carriers' delivery schedules.
{39 Tj.S.C. 401)
,
Loeis A. Cos, General Counsel.
J une 20, 1973. |F R Doi.73-16432 Filed 7-24-72,8:43 sm ]
Title 42---Public Health
CHAPTER I--PUCUC HEALTH SERVICE. DEPARTMENT CF HEALTH, EDUCATION. AND WELFARE
5UBCHAPTER C-- IffiO'.CAL CARS AND
EXAMINATIONS
PART 37--SPECIFICATIONS FOR MEDICAL EXAMINATIONS OF UNDERGROUND
COAL MINERS
'
Second Round oi Chest Roe.ilgcnographie Examinations
On February 12. 1973. a notice el pro posed rulemaking was published in the
P ep . RECtSTCR 1 33 TP. 4263) to revise
the subpart of Part 37 of Title 42. Code
of Federal Regulations. entitled "Chest Roentgenocraphie Examinations" by settbag forth the specifications for giving, rending, classifying, and submitting the second round of chest roentgenograms required to be given to underground coal miners by section 03 of the Federal Coal brine Health end Safety Act of 1959 (30
UjS.C. 843). Specifications for pulmonary function tests were also proposed.
Interested persons were invited to par ticipate in the rule making through the
submission of comments and comments were received Irem the United Mine Workers of America, tlie Bituminous Coat Operators' Association, a number of hospitals and clinics, physicians, man ufacturers of pulmonary function equip ment. coal operators, the Pennsylvania Bureau of Occupational Health, and this
Department's Bureau ot Radiological
Health in the Feed and Drug Adminis tration. Due consideration has been given to all material presented, with the result that a number of changes have
been made in the rules which were
proposed.
Both the United Mine Workers of America and the Bituminous Coal Op erators' Association, in addition to other commenters, objected to the proposed requirement of the conduct of a pul monary function test. The Union's ob jections were grounded upon the lack of comparability between the pulmonary
function examinations and any disability criteria for biack lung benefits and the fear th at adoption of the proposed spec ifications would stifle future development
of more refined pulmonary function tests or their use when they become available. The Bituminous Coal operators' Asso ciation r.rvued that a pulmonary func tion test, while a tool for measuring lung impairment, is of little value in diagnos
ing pneum.tconicsis for transfer pur poses. Both -,'iie Union ar.d the Associa tion supported the continuance of these tests in the Inst: rule's National Study of Coni Workers' Pneumoconiosis. In addi tion. the Institute is presently not in a position to relate the test results to pneumoconiosis ar.d miner transfer. In view of the comments, the requirements of a pulmonary function test (55 37.30 37.33) h a lt been deleted. The Institute will continue the conduct of such tests
H D E S A l REGISTER, V O L 3S, NO. 144-- fMOAT, JUIT 27, 1973