Document e1zELMV5bgnGXDn6oYMEjjg1M

L-805 MANUFACTURING CHEMISTS ASSOCIATION MINUTES OF MEETING LABELS AND PRECAUTIONARY INFORMATION COMMITTEE STOUFFER'S NATIONAL CENTER HOTEL Arlington, Virginia January 28, 1976 PLAINTIFF'S EXHIBIT CMA-218 Mr. Charles J. O'Connor presided and convened the meeting at 10:00 AM. The following attended: MEMBERS PRESENT C. J. O'Connor, Chairman W. H. Jones, Vice Chairman S. W. Beckstead H. A. Birnbaum C. P. Brush L. W. Burnette R. H. Dewey E. M. Dixon H. B. Doolfalk (a) R. F. Ingham Robert Jelus H. H. Klein (b) M. B. Lore J. S. Mackay Paul Neiman (c) C. B. Shaffer G. Robert Sido Philip Sonneborn C. J. Stroemple J. R. Taylor R. G. Troup A. G. Wheeler J. T. Seawell Stauffer Chemical Company Eastman Kodak Company Kerr-McGee Chemical Corporation 3 M Company Koppers Company Inc. GAF Corporation Commercial Solvents Corporation Celanese Corporation Diamond Shamrock Chemical Company Mallinckrodt, Inc. MC/B Manufacturing Chemists Olin Corporation E. I. du Pont de Nemours & Company U. S. Steel Corporation Exxon Chemical Company U.S.A. American Cyanamid Company Monsanto Company Fisher Scientific Company PPG Industries,Inc. Allied Chemical Corporation J. T. Baker Chemical Company ICI United States Inc. MCA Staff (a) For R. Craig Andrews (b) For R. F. Philpitt (c) For J. W. Hammond j ! i i MEMBERS ABSENT G. S. Batchelor C. U. Dernehl Donald MacKellar T. R. Madden R. E. Rutherford Walter Schleyer A. W. Sheldon J. V. Urenovitch GUESTS D. V. Anderson Delmer F. Billings A. G. Chasar R. J. Dowling P. G. Elsey R. L. Finocchio James F. Lemen Kathleen A. Logan James A. O'Connor Orton Overman J. K. Peterson Julius Rakus A. T. Talcott Judith A. Tins James J. Trexel Jack Turer Anne Waggoner L-806 Virginia Chemicals Inc. Union Carbide Corporation FMC Corporation Reichhold Chemicals Inc. Gulf Oil Corporation Philadelphia Quartz Company M&T Chemicals Inc. Air Products & Chemicals Inc. Amoco Chemicals Corporation MC/B Manufacturing Chemists Mobil Oil Company Uniroyal Chemical Ethyl Corporation PPG Industries, Inc. Hooker Chemicals & Plastics Corp Pennwalt Corporation The Harshaw Chemical Company Stauffer Chemical Company U. S. Steel Corporation Dart Industries, Inc. The Dow Chemical Company Celanese Corporation E. I. du Pont de Nemours & Company Witco Chemical Company MCA Staff 1.0 Approval of Minutes of November 13, 1975 Meeting The minutes of the November 13, 1975 meeting were approved as recorded. 2.0 Report on the Status of the ANSI Standard Z129.1 on the Precautionary Labeling of Hazardous Industrial Chemicals Dr. Warren H. Jones presented a review of the status of the ANSI Standard Z129.1 together with a report on the resolution of negative positions.' an ho x- du be ex we be la ul tc wa re L-807 2.1 The Results of Meetings in the New York Head quarters of the American National Standards Institute between Members of the LAPI Sub committee on the Proposed ANSI Standard, Members of the ANSI Board of Standards Review, Members of the ANSI Staff, with representatives of the American Petroleum Institute (API) and the National Fire Protection Association (NFPA) Dr. Jones described how the negative ballots of API and NFPA were resolved during the above-mentioned meetings and, how in so doing, the positions of the three organizations concerned i.e., MCA, API, and NFPA, were preserved. When working to preserve the well-founded MCA/LAPIC position during the ANSI meetings. Dr. Jones explained that a flash point below 20F has been used to characterize liquids labeled as extremely flammable by the State of Michigan and other states as well. He called attention to the fact that this breakpoint has been in use for some 30 years. Since this flash point concerns labels which apply not only to the manufacturer but also to the ultimate user, such a flash point serves as "a preventive measure to protect the worker in the workplace." The MCA/LAPIC position was sustained and the negative positions of API and NFPA were resolved in the Standard by two amendments: 1) A footnote reading as follows: ny "Some states and other regulatory agencies require that products with flash points below 20F (6.7C) be labeled as 'EXTREMELY FLAMMABLEr," and 2) The following change in the Flammable Liquid definition: "Flammable Liquid - any liquid having a flash point below 100F (37.8C) except any liquid mixture having one or more components with a flash point at or above the upper limit which make up 99% or more of the total volume with a mixture. See flash point definition for test method. L-808 Dr. Jones emphasized that Z129.1 is no longer in the proposed category as it is an adopted Standard. The date of adoption was January 15, 1976. He further reported that the manuscript is now in the hands of the ANSI editorial staff and its progress is being closely monitored by Mr. Nixon de Tarnowsky. 2.2 Report of these Subcommittee Meetings held on January 27, 1976 on ANSI Standard Z129.1 and Recommendations Evolving from this Meeting Dr. Jones pointed out that it was the mission of the Subcommittee during its meeting on January 27, 1976 to develop and outline proposals which the Subcommittee could bring to the full Committee regarding plans for handling this Standard. He emphasized that the Standard will be published by the American National Standards Institute and cited the reasons why this is advisable. He then presented three motions resulting from the delib erations of the Subcommittee. These are as follows: Motion 1: The Subcommittee on ANSI Standard Z129.1 on Precautionary Labeling recommends that MCA endorse ANSI Z129.1 as the current Standard for the Precautionary Labeling of Hazardous Industrial Chemicals. Motion 2: That the Labels and Precautionary Information Committee recommend that MCA submit the ANSI Z129.1 Standard for the Precautionary Labeling of Hazardous industrial Chemicals to the Secretary-of Labor for consideration for adoption as an Occupational Safety and Health Standard. Motion 3: The Subcommittee on ANSI Standard Z129.1 moves that a Manual Revision Subcommittee be appointed and directed to study matters relevant to the continuation of Manual L-l. This Subcommittee is to present its first interim report to the full Committee at the next regular meeting. Initially it will be concerned with recommendations regarding continued publication and a suggested format. A y 1 j Re w me im th on of fo se Su ti 3. tc tl of L-809 After due consideration, each of the three motions presented above passed unanimously. After favorable action on the third motion, the Chairman appointed a Manual Revision Subcommittee comprised of the following gentlemen: Chairman: Mr. Charles P. Brush Mr. G. Robert Sido Mr. Morris B. Lore Mr. Ralph G. Troup Dr. Warren H. Jones Mr. A. T. Talcott Mr. R. F. Philpitt Mr. Robert F. Ingham Koppers Company Inc. Monsanto Company E. I. du Pont de Nemours J. T. Baker Chemical Co. Eastman Kodak Company The Dow Chemical Company Olin Corporation Mallinckrodt, Inc. Appointment of the above-mentioned gentlemen to the Manual Revision Subcommittee evolved from earlier work of Mr. M. B. Lore who was requested by the Chairman during the November 13, 1975 meeting to give consideration to (1) the membership of this important Subcommittee and, (2) when work should be started on the revision of the LAPI Manual vis-a-vis the outcome of action on ANSI .Standard Z129.1. Mr. Lore also outlined the results of his recent considerations of the Manual, especially his deliberations concerning possible formats. He recommended to the full Committee that the members send their viewpoints on possible formats to the Manual Revision Subcommittee Chairman, Mr. Charles Brush at the earliest possible time.. 3.0 A Presentation by Dr. C. Bovd Shaffer on: "The Work of the OSHA Standards Advisory Committee on Hazardous Material Labeling and the Implications of its Recommendations with Respect to LAPI Projects," Dr. Shaffer began his presentation by saying that in order to present to the members of the LAPI Committee a status report that was as current as possible, he had recently contacted members of the Advisory Committee Management Office. Personnel in this 1 f L-810 office had advised him that consideration of and action on a Stanch on the Labeling of Hazardous Material was on "a back burner" andt-u^ during the coming months there would be essentially no activity. Dr. Shaffer emphasized that this gives the ANSI Standard an opp0tt. "to develop" and LAPI time to take appropriate action on this Stana^ during the period immediately following its availability as a acd published document. Dr. Shaffer then proceeded with a review of the activities of the Advisory Committee to include the following: 1) Recommendations and actions on Material Safety Data Sheets. 2) Posting in the workplace. 3) Emphasis that one of the first missions of the Advisory Committee was to identify and define hazardous materials. Dr. Shaffer pointed out that these definitions were essentially those as presented in the LAPI Manual. 4) NIOSH recommendations on labeling. 5) Emphasis of the fact that labor representatives were not impressed "with LAPI language" as presented in the Manual. Dr. Shaffer pointed out that the reason for this was that perhaps this language was too technical and too involved. 6) Mr. Woodworth supports strongly 704M. 7) The Advisory Committee favors the LAPI Manual system but with symbols. 8) The report of the Advisory Committee carries provisions for UN symbols and it was the intention of the Advisory Committee that all available UN symbols be used. 9) Labor is impressed with requirements for Material Safety Data Sheets. L-811 tq ^ < 10) Where necessary employees can go to the supervisor and request to see a copy of the Material Safety Data Sheet. lIHt; y Dr. Shaffer further emphasized that the final recommendations of the Advisory Committee were "remarkably in common with the new ANSI Standard 25129.1." Dr. Shaffer called particular attention to the fact that an important point of the Advisory Committee's recommendation concerned the point that there must be more "disclosure of ingredients. 4.0 Explorations into the International Implications of the ANSI Standard Z129.1 The Chairman requested that Mr. G. Robert Sido form a Sub committee for the purpose of exploring all pertinent international implications of both the new ANSI Standard Z129.1 and the future of a revised LAPI Manual, as well. At a later point during the meeting, Mr. Sido gave the Chairman a list of those willing to serve on this Subcommittee. The gentlemen indicating their willing ness to-serve in this capacity are as follows: Mr. Mr. Mr. Mr. Paul G. Elsey Herman A. Birnbaum John R. Taylor A. G. Wheeler Ethyl Corporation 3 M Company Allied Chemical Corp. ICI United States Inc. 5.0 Meeting Arrangements On January 8, 1976 the Secretary forwarded to all members of LAPI a number of possible plans designed to crystallize thinking on meeting plans and/or arrangements. There was also forwarded a questionnaire which gave the members an opportunity to select one of three proposed plans drafted by the Secretary or, in the event that none were satisfactory, a provision for the member to submit his own original plan. The results of the balloting were reported to the full Committee and showed that a majority of members favored a oneday meeting. It was the consensus of opinion that during the foreseeable future, one-day meetings would be held until such point that the agenda required more lengthy meetings. 1 L-812 At the request of the Chairman of the Subcommittee on Meeting Arrangements, the following firm commitments have been signed with Stouffer's for a meeting and luncheon on the following dates: May 26, 1976 October 27, 1976 January 6, 1977 6.0 Report on the Work of the Inter-Committee Task Group on Hazard Information Systems Dr. Warren Jones reported that the Inter-Committee Task Group on Hazard Information Systems will meet on February 4, 1976 for the purpose of considering the final draft of a recommended response to Materials Transportation Bureau Docket No. HM-126, Hazard Information Systems. He reported that representatives of MCA have met separately and jointly with representatives of the Association of American Railroads and the American Trucking Association to determine areas of mutual agreement and'to ascertain their current thinking on a Hazard Information System. 7.0 Rotation Procedures A combined report was presented on the work performed by the Membership Review Board and the Subcommittee comprised of Dr. C. U. Dernehl and Mr. M. B. Lore. The Chairman of the LAPI Committee (who is also Chairman of the Membership Review Board) explained that an attempt was being made to minimize the possible effects of rotation. He further explained that prior to initiating rotational procedures, each member would be contacted by letter in an effort to ascertain the members intentions, i.e., whether or not his corporate assignment would enable him to continue to serve as a member of LAPI or if corporate assignments, resignations, etc., would markedly reduce the need for rotation. At this point in time, no further action will be taken with respect to the drafting of a request to the Board of Directors for an increase in membership of the LAPI Committee. 8.0 Mr. onl hyc aci to hy< hi' la? thth 8. Dl Kc b' L-813 Reports on Requests for Committee Decisions and Actions on the following:________ 8.1 Recommended Changes in the Safety Data Sheet on Hydrogen Peroxide Evolving from Data Developed by PPG Industries The Hydrogen Peroxide Subcommittee appointed by Mr. O'Connor consists of the following: Mr. D. J. MacKellar Mr. J. J. Bonin Mr. J. J. Trexel Mr. R. E. Hinkley FMC Corporation Shell Chemical Company E. I. du Pont de Nemours PPG Industries, Inc. The Subcommittee ascertained that the PPG data are the only set of results showing the effects of eye exposure to different hydrogen peroxide concentrations. There is not available to MCA acute toxicity data for hydrogen peroxide labeling. PPG is having a retest made on the effects of eye exposure to 50% hydrogen peroxide. An evaluation of eye exposure to 35% hydrogen peroxide also will be made. If these studies show a higher degree of hazard than that indicated by the present MCA labeling, PPG will revise the hydrogen peroxide labels utilizing the label guidelines as published by the LAPI Committee. Dr. Ernest M. Dixon of the Celanese Corporation will review the PPG data when it is made available. 8.2 Phraseology on Labels Regarding Medical Assistance Appropriate considerations of and action on 8.2 and 8.2.1 has been the responsibility of a Subcommittee comprised of: Dr. Carl Dernehl, Chairman, Union Carbide, Dr. Warren Jones, Eastman Kodak, and Mr. R. Craig Andrews, Diamond Shamrock. The following quotation is taken from an opinion supplied by Mr. R. Craig Andrews: "Specifically, we have been asked to consider whether an individual exposed to toxic or highly toxic substances should be directed to obtain medical attention, rather than to call a physician. In the past, LAPI has recommended that the words 'Call a Physician' be included in the precautionary labeling appearing on such products. L-814 "While a review of the case law has not yielded a case precisely on point, it would appear from a legal standpoint, that there is implied warranty that instructions appearing on a label are sufficient in case of exposure. Thus, if the assistance of a physician is necessary, a label which did not contain such a direction would appear to result in a breach of warranty. Further, the failure to provide such a direction may well constitute actionable negligence. "In Griffin vs. Planters Chemical Corporation. 202F Supp. 937 (1969), it was held that a label which was used on bags of 1% parathion dust, manufactured and distributed by the defendant, and which contained no skull and cross bones, did not list an antidote and did not advise persons exposed to call a doctor immediately, considering that product was inherently dangerous, was incomplete and inadequate, regardless of whether it met the labeling requirements of the Secretary of Agricultural. "In view of the foregoing, it is suggested that the phrase 'Call a Physician' or 'Call a Doctor' be retained on labels recommended for substances where exposure requires the attention of a physician." A motion was made and carried that the recommendation of the Subcommittee be accepted -- a recommendation that the phrase "Call A Physician At Once" be used. 8.2.1 Referral from Occupational Health Committee Regarding Recommended Changes in Safety Data Sheet on Benzene, SD-2, and Toluene. SD-63 Subcommittee action on this item has not been completed. A recommendation has been presented to the LAPI Committee that the Safety Data Sheets for Benzene and Toluene be updated to include OSHA's new standards for TLV's and the inducing of vomiting for any ingestion should not be recommended as long as the neat products are involved. L-815 8.3 Action on Inquiry from Blakeny Associates Regarding the Recommended Label for Containers of Propylene and Chemical Safety Data Sheet, SD-59 Action on this inquiry was the responsibility of Mr. John R. Taylor of Allied Chemical Corporation and Mr. Morris B. Lore of E. I. du Pont de Nemours. Mr. Taylor has reported as follows: "Mr. Lore and I believe that the phrase should be changed to read - 'Store Cylinder Out of Sun and Away from Heat1. "The cylinder can safely be used out of doors but it is believed to be feasible and wise for storage to be in locations protected from the sun. "The higher vapor pressures of compressed gases at elevated temperatures produce additional stress on the cylinders which should be minimized as much as possible." 8.4 Recommendations of Subcommittee on Labeling Regarding Vinyl Chloride Monomer Mr. Orton Overman has submitted a vinyl chloride label (see Appendix I) with the proposed change to include the statement "Cancer-Suspect Agent." This label conforms to the requirements as outlined in 29 CFR 1910.93 (q) (1) (5) (i) as printed in the Federal Register of October 4, 1974, page 35898. Mr. Overman reports that Mr. C. K. Dilley, Chairman of the Vinyl Chlorine Committee, Compressed Gas Association, has been contacted and agrees with the format as presented. Mr. G. Robert Sido submitted data on the subject of merging "CANCER-SUSPECT AGENT" messages with LAPI label text. Mr. Sido submitted examples to those in attendance based on arsenic and its compounds. He submitted a label on arsenic trioxide as a recommended pattern for merging the required labeling data and for inclusion in the next issue of the Arsenic Trioxide Data Sheet, SD-60. ma L-816 Following appropriate discussions of both of these related subjects, a vote was taken and there were no objections to the addition of the phrase "Cancer-Suspect Agent." Although Committee action endorses the addition of the foregoing phrase, it is to be emphasized that the decision as to the location of this phrase in the leading group of precautionary statements in a label has not been finalized. A Subcommittee was appointed by the Chairman to resolve outstanding labeling structure as it relates to proposed and promulgated regulations. This Subcommittee is comprised of the following: Mr. G. Robert Sido Miss K. A. Logan Mr. R. E. Rutherford Mr. J. J. Trexel Monsanto Company Pennwalt Corporation Gulf Oil Corporation E. I, du Pont de Nemours 8.5 Report of the Subcommittee on Chemical Safety Data Sheet SD-95, Phosgene______________________________ This document is acceptable as submitted with exception that any qualifying phrase following a recommendation that a physician be called should be eliminated. I ! S a a a F a 9.0 New Requests for Committee Decisions and Actions on the Following Chemical Safety Data Sheets____________________________ 9.1 Procedure to be Followed on the Preparation of Labels for Inclusion in Safety Data Sheets The Secretary was requested to record that Sub committees established for the purpose of preparing labels for specific Data Sheets will not take final action on any label until the Final Draft of the entire Safety Data Sheet is in hand. Of the following Safety Data Sheets on which labeling action is pending, only two (Chromic Acid, SD-44; and Sodium and Potassium Dichromate, SD-46) are currently in the form of Final Drafts. As the drafts of the remaining Safety Data Sheets become available, they will be mailed to the appropriate Sub committee members as soon as possible. L-817 The Secretary has been informed by the Secretary of the Safety and Fire Protection Committee that there will also be made i available to the LAPI Subcommittee members copies of the First * Draft and the Proposed Final Draft of Safety Data Sheets. While admittedly these will not be the Final Draft, this action will afford lead time for the consideration of an appropriate label and thereby accelerate the overall Safety Data Sheet revision procedure. 9.2 Action on Safety Data Sheet SD-57, Methylamines Appropriate consideration of and action on this item will be the responsibility of a Subcommittee comprised of: Mr. R. Mr. L. Mr. J. H. Dewey, Chairman Commercial Solvents Corp, W. Burnette GAF Corporation J. Trexel E. I. du Pont de Nemours 9-3 Action on Safety Data Sheet SD-44, Chromic Acid Appropriate action on this item will be taken by: Mr. J. R. Taylor Mr. R. C. Andrews Allied Chemical Corp. Diamond Shamrock Chem. Co 9.4 Action on Safety Data Sheet SD-46, Sodium and Potassium Dichromate___________________ Action on this item will be the responsibility of: Mr. C. J. Stroemple Mr. R. F. Ingham PPG Industries, Inc. Mallinckrodt, Inc. The Chairman requested that the Subcommittee members send information copies of any of their actions to Messrs. R. C. Andrews and J. R. Taylor. 9.5 Action on Safety Data Sheet SD-67, Hydrocyanic Acid be taken by: The Chairman requested that action on this item Mr. M. B. Lore E. I. du Pont de Nemours i L-818 9.6 Action on Safety Data Sheet SD-30, Sodium Cyanic. The Chairman further requested that action on this item be taken by: Mr. A. Thayer Talcott The Dow Chemical Company 9.7 Action on Safety Data Sheet SD-43, Acetaldehyde Action on this item will be taken by: Dr. E,, M. Dixon Dr. Warren H. Jones Celanese Corporation Eastman Kodak Company 9.8 Action on Safety Data Sheet SD-102, Chlorosilansg Appropriate action on this item will be the responsibility of: Mr. Orton Overman Mr. A. Thayer Talcott Stauffer Chemical Co. The Dow Chemical Company 10.0 Recommendations on Salt as an Emetic 10.1 Will LAPIC agree to the elimination in future documents of reference to salt as an emetic, and substitute instead the proposed phrase "induce vomiting?" 10.2 What is the opinion of LAPIC on the action which should be taken with respect to reference to salt as an emetic in existing documents? Appropriate actions on the above-mentioned items will be the responsibility of a Subcommittee comprised of the following: Dr. E. M. Dixon Dr. C. U. Dernehl Dr. Warren H. Jones Celanese Corporation Union Carbide Corp. Eastman Kodak Company L-819 11.0 Preparation of Section II for the ANSI Standard Z129.1 by the Compressed Gas Association (CGA) As a result of earlier agreements, the Compressed Gas Association is to prepare Section II for the ANSI Standard Z129.1. This Section is to deal specifically and exclusively with compressed gases. The Chairman requested that Dr. W. H. Jones of Eastman Kodak Company and Mr. D. V. Anderson of Amoco Chemicals Corp. conduct all necessary liaison with the CGA. Information on the progress of the above-mentioned Section will be secured at the earliest possible time. JTS:er Minutes subject to approval. February 25, 1976 T. Seawell, Secretary 1 Appendix I ! CHiL'OSJDlS DANGER! EXTREMELY FLAMMABLE LIQUID AND GAS UNDER PRESSURE CANCER-SUSPECT AGENT HARMFUL IF INHALED MAY POLYMERIZE VIOLENTLY UNDER FIRE CONDITIONS OR LOSS OR REMOVAL OF INHIBITOR Keep away from heat, sparks, and open flame. Keep container closed. Use with adequate ventilation. Avoid breathing vapor. Avoid contact with skin. Keep cylinder out of sun and away from heat. Container should be grounded when being emptied. . Never drop cylinder. FIRST AID: If inhaled, remove to fresh air. If not breathing give artificial respiration, preferably moufh-to-mouth. If breathing is difficult, give oxygen. Call a physician. In case of: Fire -- Use water spray, dry chemical, or CO.-. Spill or Leak -- For small spills, evacuate, area and permit to evaporate. For large spills or leaks, evacuate area. Dike or flush to ground and let evaporate. Do not flush to sewer because of explosion hazard. MCA Chemical Safety Data Sheet SD-56 available. f2t-r' ^rf'e-n <G& , * f'tfL 9/ ?// &1Z.