Document dQ2rwjEVMxwXzYD1JwEkeR3a9

TO: Distribution JJH: IG& RF XF: .JBCffOr ,, \_ub\V Interoffice Communication FROM: DATE: SUBJ: T. G. Grumbles February 26, 1985 EMPTY PRODUCT/MATERIAL DRUMS Based on responses received from the plants regarding practices and procedures for handling empty material drums (supplied products used in-plant), labeling of Vista product drums, and advice from Vista Legal, the following recommendations are made to address the safety and product liability concerns of these empty containers. 1. Each plant should establish formal policy and procedures for handling empty product drums. This should include the following elements. a. All empty drums are to be cleaned (washed, steamed, etc.) prior to another use in-plant or disposal. If used elsewhere in-plant, appropriate labels for that use should be applied. b. Drums that are put in dumpsters or otherwise collected for disposal should be rendered unusable. c. If drum reclaimers are used, a reasonable effort should be made to evaluate the business as we would with any other contractor. Where possible, a contract should be used. d. If drums are made available to employees, this should be done on a "permit" or controlled basis. 2. Vista product drums which could pose a hazard when emptied should have an additional label or marking indicating the empty drum hazard. The products to be labeled would include at least those classed as DOT combustible liquids. A thorough review of other products routinely drummed should be made to determine if other products should have the empty drum warning. I will be contacting the plants that have product drummed to discuss label content and form. The combustible products will need additional labeling to meet OSHA Hazard Communication Standard requirements and these two items should be considered together. All past correspondence regarding this issue is attached for your reference. Thomas G. Grumbles ajo/006 Attachment cc Plant Managers, Mike Sweet, Bill McClain To: T. G. Grumbles Privileged and Confidential Attorney-Client Communications Interoffice Communication From: w- L- McClain September 10, 1984 Subject: Empty Product Drum Warning Labeling VISTA The attached correspondence from Shell Chemical Company raises a legitimate concern regarding proper warnings to foreseeable users or handlers of "empty" product containers. I recommend that we consider the types and ultimate destina tions of our empty product drums, and evaluate any potential hazards posed by such drums. If it is determined that hazards are potentially presented by one or more types of product drums (e.g. FIFRA regulated drums), then appropriate warnings may be warranted. RECEIVED William L. McClain Counsel / jmv cc: NCF $EP17'o4 Routs: Copy: Fils: X-F: WLM/014 VVV 000015962 TO: Safety Directors T ^p- Interoffice Communication FROM: T. G. Grumbles DATE: September 17, 1984 SUBJ: EMPTIED PRODUCT DRUMS VIS1A Enclosed is a letter from Shell concerning the potential hazards from empty drums. I believe all you have already seen this. Although the letter deals with a long recognized hazard it is Legal's opinion, letter attached, that we review our drumming practices in terms of the potential hazards presented from emptied drums, to determine if warnings similar to those outlined in the Shell letter are necessary. Specifically, we should determine what products are drummed in-plant and through contractors, potential hazard of those products in terms of combustibility and flammability, and the ultimate disposition of our empty drums. Please review the items above in relation to your plant's product and respond to me by October 15. At that time the information will be reviewed to determine if further action is warranted. crrvNThomas G. Grumbles i cc Plant Managers R. D. Gamblin W. L. McClain VVV 000015963 August 8, 1984 Shell Chemical Company A Division o> Shii Oil Company MA UK? znifW^ P.o. Box 1422 Houston, Texas 77251 Certified Mail Return Receipt Requested Mr. Michael Sweet Conoco Chemicals Company Houston, TX 77224 Dear Mr. Sweet: neC2|\//; AUG S 01984 WILLIAM 1. tfcCLAIAI ' This is to alert you to a serious safety problem with emptied product drums and to the possible legal liability for accident or injury which could result from the misuse of such drums. As you know, supposedly "empty" chemical and oil drums do in fact contain residual liquid and/or vaporized amounts of product. Unless all the precautions for the container's original contents are observed, handling an "empty" can be every bit as dangerous as handling a full container. If, as frequently occurs, emptied drums are diverted to non-container uses such as trash barrels, barbecue grills or as support, staging or flotation, uninformed individuals can be exposed to possibly hazardous residues. In addition, the use of cutting or welding torches or exposure of the "empty" to other spark or heat sources during fabrication or use in any of these extraordinary applications can cause fire, explosion or the release of toxic vapors. The danger is very real and "empty drum" accidents have caused severe injuries. In recognition of the danger. Shell places a special warning on all product drum labels. The text of this warning is: ATTENTION! THIS CONTAINER HAZARDOUS WHEN EMPTIED. Since emptied container retains product residues (vapor or liquid) ALL labeled hazard precautions MUST BE OBSERVED. HPC7180/8421902 ibmird VVV 000015964 2 Although we cannot guarantee that such a warning will prevent accidents or protect against liability actions by injured parties, we strongly recommend that, in addition to product labels which contain appropriate hazard warning and precautionary information, you consider placing a similar empty drum warning statement on the containers you fill and distribute. Standards for the preparation of precautionary warning statements for labeling hazardous industrial chemicals are published in bulletin ANSI Z129.1-1976, available from American National Standards Institute, 1430 Broadway, New York, NY 10018. (See also the Code of Federal Regulations, Title 49 for required DOT statutory labeling requirements.) For additional guidance on products which Shell supplies in packages, facsimile Shell labels are available to you on request. We also recommend that your employees, warehousemen, shippers and customers be advised of the danger inherent in the misuse of emptied containers. Unless such containers are recycled for packaging additional product, they should be reused only after processing by experienced commercial drum reclaimers. Drums should not be used for temporary storage of waste or other materials unless the label is changed to reflect the new contents. If not changed, firefighters or CHEMTREC staff may be seriously mislead by incorrect labeling in the event of fires or other emergencies. If emergency services personnel or others are injured by mislabeled or non-labeled drums you may be liable for injuries sustained. Sales Services Manager HPC7180/8421902 ibmird yVV 00001^965