Document YDEQqXD9Y0wV39R5Q21356MBE

LAC 14-1 MANUFACTURING CHEMISTS ASSOCIATIONMINUTES OF MEETING LEGAX AD VISOR T COMMITTEE Conference Room of Wilmer, Cutler & Pickering 1666 K Street, N. W. , Washington, D. C. October 7, 1976 PRESENT Karl R. Barnickol (for Mr. Putzell) Robert H. Bidwell Leon C. Holt, Jr. Iver C. Macdougall Arloe W. Mayne Bernard J. McNamee William E. McIntyre (for Mr. Welch) Donald P. Walsh Monsanto Company Exxon Chemical Company Air Products and Chemicals, Inc. Stauffer Chemical Company Ashland Oil, Inc. Hooker Chemicals Ik Plastics Corp. E. I. du Pont de Nemours & Company Shell Oil Company Bruce M. Barackman Daniel Marcus, Outside Counsel John H. Pickering, Outside Counsel ABSENT Manufacturing Chemists Association Wilmer, Cutler & Pickering Wilmer, Cutler &. Pickering Edwin J. Putzell, Chairman (alternate designated) James I. Wyer, Vice Chairman Monsanto Company American Cyanamid Company Keith W. Blinn Brian D. Forrow James H. Hanes PeterH. Kaskell E. J. Mooney Russell J. Parsons S. Maynard Turk Charles E. Welch (alternate designated) Continental Oil Company Allied Chemical Corporation Dow Chemical U. S. A. Olin Corporation Nalco Chemical Company Borg-Warner Corporation Hercules Incorporated E. I. du Pont de Nemours k Company GUESTS Ray W, Brown William H. Butterbaugh E. E. Christofano Albert C. Clark Milton Freifeld Terence J. Gallagher Charles J. O'Connor J. M. Pardee Joseph T. Seawell Howard S. Vogel John C. Zercher Mobay Chemical Company Manufacturing Chemists Association Hercules Incorporated Manufacturing Chemists Association Manufacturing Chemists Association Pfizer, Inc. Stauffer Chemical Company Eastman Kodak Company Manufacturing Chemists Association Texaco, Inc. Manufacturing Chemists Association CMA 086453 LAC 14-2 The meeting convened at 12:30 p.m, with Mr. Macdougall presiding as acting chairman. 1. Minutes of the September 2, 1976 Meeting approved as distributed. The minutes were 2. Discussion of MCA Safety Publications Program with Reference to Legal Memorandum on Same Mr. Pardee, chairman MCA's Safety and Fire Protection Committee, as spokesman for the three technical committees pri marily concerned with MCA's Chemical Safety Data Sheets (Safety Sheets) com mented on the legal recommendations in order: (1) More frequent review and update is desirable. This will require additional professional staff and a greater com mitment on the part of member companies; (2) Systematic and continuing monitoring of scientific and epidemiological literature also desirable; but will require the additional support noted in No. (1) above; (3) Reference to significant new scientific reports of possible safety problems of chemicals would be worthwhile, but utilization of safety sheets to disseminate such informa tion thus transforming them into "newsletters" is objection able -- some other method should be employed; (4) Notification, to individual holders of safety publications, of significant changes is impractical -- other procedures such as use of notes in MCA News or advertisements in appropriate trade journals should be employed; (5) Agree generally with use of outside experts as neces sary in reviewing MCA publications -- this assumes flexibility as to when it will be done and whom will be utilized; (6) Agree with elimination of certain "safety" statements and the incorporation of langugage to negate any implication of warranty and to emphasize that the document represents a con sensus, a code of good practice, not a "standard"; (7) Concur with increase in insurance coverage; and (8) Concur in use of counsel in implementing safety pub lication program. Mr. O'Connor, chairman MCA's Labels and Precautionary Information Committee, while not agreeing there is a problem in keeping track CMA 086454 LAC 14-3 of safety data sheets issued, concurred in general with Mr. Pardee's com ments and emphasized that it is in the practice, not the writing of documents, wherein safety lies. Mr. Christofano, chairman MCA's Occupational Health Committee, also concurring, noted that a Safety Sheet was never intended to be an exhaustive review of the health effects of a chemical -- simply a guide to good practice in handling. In the discussion which followed, the consensus was that if the safety publication program is to be continued effectively there must be additional support for professional staff and an increased commitment by member companies. The need for additional funding in the amount of S250.000 was noted and such cost was considered acceptable in the light of the importance of the program. It was felt that if MCA's Executive Committee approves the continuation of the program, the sense of the legal recommendations and the technical considerations could be accommodated in properly formulated guide lines and it was recommended that an ad hoc committee be established con sisting of a member from each of the concerned technical committees and the Legal Advisory Committee to prepare guidelines for minimum standards of safety practice in writing Safety Sheets. 3. Legal Seminar Mr. McNamee reported on the status of the proposed LAC seminar dealing with "Corporate Compliance with OSHA and EPA Regulations. " He described the plans of MCA's Chemical Regulations Advisory Committee (CRAC) to put on a series of seminars throughout the country and raised the question as to the desirability of combining the ac tivities of the two committees to avoid duplication. Mr. McNamee was au thorized to discuss the matter further with the CRAC and at his discretion either work out a satisfactory merger of the programs or continue with plans for a separate LAC seminar. 4. Reports by Staff Counsel and Outside Counsel Mr. Barackman reported that an increase from $10 to $20 million in insurance coverage in connection with MCA's safety publication program had been approved by the Board of Directors; that MCA's Executive Committee had approved the recommendation for an inside vice president and general counsel to be con sidered by the Board at its next meeting; and that outside counsel and staff had worked out a system to be followed in notifying those who have received past copies of MCA publications which subsequently have been withdrawn or revised for a significant reason. Mr. Marcus reported on "Financial Assistance to Participants in Federal Agency Proceedings" and distributed a memorandum on this subject prepared for the committee. The secretary was requested to supply same to those who were not present. 5. Additional Matters Mr. Macdougall passed out materials relating to proposals for a "science court" and asked the secretary to dis tribute this to those absent. CMA 086455 LAC 14-4 Outside counsel was requested to inquire into the Department of Commerce inter-agency task force on product liability and report at the next meeting of the LAC. The meeting adjourned at 2:40 p. m. `J|W ' Minutes subject to approval October 18, 1976 BMB:j b Bruce M. Barackman Secretary Legal Advisory Committee ( CMA 086456 \