Document g2EJgq8jppZVanbz4qk0wbkYa

FILE NAME Insulation Contractors & Distributors ICD DATE 1974 June DOC ICD040 DOCUMENT DESCRIPTION NICA Outlook NICA OUTLOOK National Insulation Contractors Association JUL3-JUL3-11974 9JUL73-14974 LIBRARY CONGRESS Ouatslsoocioaktion industry's conservation association No has Changed our " Outlook has changed noticed on the front cover : you forever It must move aggressively forward to meet today's needs always can afford to stay the same us into a new era Our outlook lessons and tomorrow's challengeschallenges The energy crisis swept Keeping in mindmind yesterday's broadened as insulation contractors work together to increase energy outlook We hope it causes all NNIICCA A , design is intended to reflect the insulation expanded The newtocorveeflrect doesnign how they can become more active participantsin the new aggressive spirit of the tambers National Insulation Contractors Association Montgomery Center 06 50 Fenton Street - Surie 506 Silver SpringMaryland 20910 telephone 301-585-8447 John C. Pollock Executive Director H. Wotherspoon Chairman NICA Publications Committee TABLE VOL 19 OF CONTENTS JUNE 1974 NO 6 2 The President's Letter Your Executive Director's Report 4 Officers 1974 W Robert Murion Provideni Wilham A. Bayer President Herbert Mullane Mullane ViVico c Brro ipot Brripot ( Long Treasurer ( B Wheailey Secretary Spirit '74 Working With With With You and For You Legged Stool 10 14 , Board of Directors Terms Ending 1974 Robert Bright CNICA CNICA Dee ( Luse MRA Palmer Covil SLICA croy Whitaker WICA WICA Terms Ending 1975 Shipe LASICA Walter Mchain Mchain Horben MchainMchain NMSICA Wayne Wayne W. Killion SLICA N Didard SWICA Ralph L. Sarton WICA James W^ kidded AeLarge Terms Ending 1976 Rouger Hanley CYCA Chivon johnson johnson EASICA William O. Mauldin MICA Raymond U Wapperer NYSICA Charies 8. Mortoa SWICA 15 15 Rover large Immediate Past President W fF Munsey ancuar Subscription 10 which is included in Membership The Controlled Controlled crculaban Dues Single copy 750 750 crculaban paid at Silver Spring Statements Vid on the necesarilyexpress do noi rack and opinion are made of responsibility responsibilitythe author atone and of necessarily express the opinions of the Association Material may not be reproduced wahout written consent Copyright National Insulat.on Contrations Association - 1973 Ferguson Brings Impressive Credentials to NICA Labor Relations Post 20 20 Our Job Safety Law NICA's 19th Annual Convention 27 Registration Form NICA's NICA's 19th Annual Convention 32 Tentative Program How To Conduct An Energy Audit 36 TIMA Introduces ECON || 44 45 What's New From Manufacturers ECON I Provides Detailed Information 46 Calendar of Coming Events 49 Revised Construction Forecast Shows Impact of Inflation for 1974 NICA Mail Box Technical Challenge Working Cash vs. Capitol Cash : 52 . 53 54 & 56 & Our Job Safety Law Should Say | What It Means By Robert D. Moran Chairman Occupational Safety and Health Review Commission Reprinted from Nation's Business In 1970 Congress enacteda law to protect the health and safety of American workers Surely no one could quarrel with that Yet the law was greeted instantly with a chorus of boos and a barrage of brickbais Nor has time stilled its critics Today almost four years later the Occupational Safety and Health Act has about as many warm friends as acne has Why did legislation so well intended misffre so badly this article an expert gives his answer He head of an independent agency created by Health Congress to near and decide appeals appeals from rulings by Occupational Safety andHealth Administration inspectors It is generally agreed that the objectives of the Occupational Safety and Health Act of 1970 can be fully achieved only when all employers are comply persuaded to ments voluntarily with its require- . I share this belief But also believe that many of the existing safety standards as written don't compliance must be done to achieve existing job clarify what Before I get down to specific cases let me state what I think these standards should do .. A standard is developed promulgatedbecause of the existence or the potential existence of a condition that's dangerous to the 20 safety or health of workers The purpose of the standard is to tell employers what they must do to ki reduce eliminate reduce or prevent the hazardous RITA condition For example Experience has shown it ATC dangerous to work as a painter on the Golden Gate Bridge other bridges like it The hazard Tan is that you could easily fall several hundred feet to almost certain death We know this hazard could be reduced if a net capable of catching falling workers were strung under the bridge Or else if we required the painters to wear safety beits hitched in such a LA manner that a fall wouldn't mean a plunge into the depths of the strait that the bridge spars Gt aa bridge spars Now writing a safety standardfor is this is 001 37 nazard insurmountable problem The G be bridge HG prevented is falling from thebridge toto the water below The standard should specify what must be PUG it done to prevent the fall or to interrupt before it NN can cause injury or death We therefore can see that there are two rather aS basic ingredients which are essential to every valid job safety and health standard ra First identify the hazard PRU what must must be done to prevenptrevepnrtevent oN Second specify what must be done to its occurrence HER fund- ABA If all standards included these two mentals in understandable languae mentals in understandable inspections job safety languagewhich result the number of : sure language am ' sure 2 result be alleged would in citations for violations thereof dramatically reduced And that of course is what everybody wants More compliance and fewer violations NICA OUTLOCK Even if the Labor Department's Occupational least Safety and Health Administration OSHA tripled one citation against an employer its staff of inspectors a rather alleged failure to satisfy this standard for unlikely prospect a 500 they could inspect only 10 percent of America's penalty His alleged offense was was under workplaces do so only once a year This employees were required to work that propose wouldn't go far enough toward achieving the Act's unsupported concrete placing placing pipeline & purpose of eliminating injuries worl which workers receive from their and diseases Clearly there isn't an employer in who can look at this standard and the The vast jobs tells him to keep his know that majority of America's employers don't employees out from unde want their employees hurt and don't want to unsupported concrete placing pipelines anEe violate the law Fortunately in this case the employer employer employer Commission tested the charge and the Review Commission Riddles for the employer So OSHA hopes for voluntary compliance with surprised t federal job safety and health standards But far too many standards are to paraphrase Winston placing Churchill riddles wrapped in mysteries inside enigmas They don't give the employer even a nebulous suggestion of what he should do to protect his employees from whatever left unexplained which represents a also Commission dismissed it But this standard is still books and I wouldn't be the least bit surprised surprised on see OSHA use it again in a doesn't involved case which unsupported concrete concrete : pipelines illustrated What can happen when al, someone takes steps which he thinks meet the requirements of these vague standards was onoe f * in casa decided by by the Commission last August their safety and health For example what does the following standard tell you to do in order to avoid conditions at your place of employment which are potentially hazardous . No contractor or subcontractor shall require any laborer mochanic to work in surroundings or under working conditions which are unsanitary hazardous or dangerous to his health or safety These are laudable sentiments but nowhere does the standard hint at what these unsanitary hazardous or dangerous conditions might be Apparently that has been left to the employer to guess and for OSHA to decree with hindsight if he guesses wrong With this sort of direction the most conscious employer could have no idea what to meet the requirements Perhaps standard can be complied with by saying Amen hoping for the best Unfortunaely . Unfortunately however OSHA has issued at a BRUSHES for the insulation trade + IMMEDIATE DELIVERY ON LOW PRICED ADHESIVE BRUSHES WRITE FOR FREE SAMPLE AND QUOTATION MARCUS BRUSH COMPANY 444 West 23rd Place Chicago Illinois 60816 Phone 312-326-2707 22 Other means The standard prohibits an working in such proximity to employee from any part of an electric power circuit that he may contact the same in the course of his work unless the energizing the circuit and grounding it or by guarding guarding . by effective insulation or other means 3 electrical winde In this case an employee spliced a live power line a line neither owned nor controlled by his employer and in performing this job he ANIA 2 aint protected himself from shock by placing a piece of plywood on the ground and standing on while Wa he made the splice sinchee The means he chose were successful suffered it effects OSHA charged his employer with a violation because the splice was allegedly allegedly allegedly made in a manner inconsistent with the standard's standard's requirements i This charge of course was the result i hindsight OSHA gave no nint in advance that plywood was not a means of obtaining effective insulation when splicing wire simply It seems to me that when a standard lists other means as an acceptable criterion for NICA CUTLOCK Sinema on Rina he saat aston i See 1 | meeting its requirements and does list or limit the other not precisely means contemplated that tarily to do If we don't get more specific no what will and what one will know the hazard In won't prevent the existence of addition the employer is left at the mercy of the inspector whose what constitutes other interpretation of means is never known in advance and will of course vary from inspector to inspector In this particular that the standard case OSHA claimed in effect using effective means the guarding shall be by insulation or other methods tdheeteirnmviensetdigbaytiwohnatever OSHA inspector conductass canThere is no way under the sun that an employer voluntarily comply with a standard this manner applied in Before voluntary compliance can become fully realized OSHA will have to heed the words of Benjamin Cardozo the famed jurist who stated a decision issued in over 50 years ago A prohibition so indefinite as to be not a prohibition unintelligible is by which conduct can be governed It is not a rule at all it is exhortation and entreaty merely person on earth who can be compliance with the certain ne i at requirements of this any particular point of time sta If you have some baseball football knowledge hockey of profes which must or basketball- comply with this be sure that all standard full employees compliance players are alwa How about umpires other officials referee Once you are satisfied with consider circus your answer p performers the trapeze artist or the lion high tamer Almost anything goes Let me turn now to one of OSHA's favorite standards must be a favorite for it turns so many of our cases This up in particular standard is so nebulous that almost umbra I anything is covered by its but apologize for asking you to read it in full one has to see its full text to appreciate its all- encompassing richness Protective equipment protective equipment including personal for eyes face head and extremities protective clothing respiratory devices and protective shields and shail be parriers provided used and maintained in sanitary and reliable a condition wherever it is necessary by reason of hazards of or processes environment chemical hazards radio- logical hazards or mechanical irritants en- countered in a manner Injury or impairment in tchaepafbulnectoifon caofusing part of the body through absorption any inha- lation or physical contact What do you think it tells I have no idea I us to do tell don't think OSHA could you either before an complaint hearing and inspection citation hearing brief Some people may read it and requires that hard hats be worn by ccoonnsctlruucdteionit workers But can you be sure it doesn't also require something else I submit that there isn't a 24 ee If you are a farmer employee who works or lifeguard or one needed to doors what i protect you from skin caused by the sun's cancer or sunbun rays What protection is needed from other hazards of such as rain wind snow ice air poelnlvuitrioonnment The answers to these questions are difficult but bear in mind that an employer who comes with wrong answers is up penalties subject to monetary Commission This particular standard has already aRpepvliieewd in one case which has been decided by tha An OSHA inspector looked at a freight operation at one employer's terminal He then made an ad hoc and I think determination that purely subjective there was a hazard of environment boxes of freight that might be dropped and wheels of various kinds of material- handling equipment that could someone's toes for which possibly rott over extremities feet required protective equipment He said that meant safety shoes but although there are many different kinds of ie didn't get more specific safety shoes Thus although freight and feet feet and safety shoes wheels standard OSHA are nowhere mentioned in the violated its charged that the employer did requirements because the employees not have their feet covered by safety shoes Due process is your due Now you've all heard about the due process clause of the Constitution It requires that a Court's 1966 decision in the case of Giaccio Pennsylvania ) potential offender have fair warning that the ate conduct he engages in is a violation of law To It is established that a law fails to ete cart me the substance of this regulation simply does meet requirement of the Due Process Clause if e it not afford any advance notice of the conduct so vague and standardless that it leaves Fate the which it either requires or prohibits public uncertain as to the conduct ee Mn, To permit enforcement of so vague a standard is hibits or leaves judges and jurors firt ee we to rca to subject the employer to the unbridled decide without any legally fixed standard discretion of OSHA inspectors in the deter- what is prohibited and what is not in opened each mination of what constitutes compliance particular case How can an employer voluntarily comply with standards that he could not possibly understand until after he has been cited for a particular determined infraction And what must he do to satisfy the interpretations of the next inspector . There are many kinds of protective equipment the One of the principal evils of vague regulations that they leave the definition and therefore | creation of crimes to the unbridled discretion of : cops on the beat or local inspectors or trial court | judges court for one's feet For example stockings may guard against infections such as athlete's foot and sandals will protect you against picking up cuts on the bottom of the foot but neither.will neither.will help your toes if they come in contact with a dropped brick or an immovable object One inspector could say that neither stockings nor sandals constitute protective equipment for extremities but that only leather shoes with iron tces meet the requirements of this occupational standard The next could Police state tactics I submit that this is one reason why been criticized for police state state state state tactics tactics tactics tactics The generally accepted accepted definition definition OSHA has | has police state is a place wherwehere the the what the law and the law may vary from | policeman to policeman and from victim to victim | We have always prided government of laws not ourselves on having a mon This means the laws must be exact enough so that individual police officers cannot improvise upon them bought qualify from Another could hold that only shoes a named manufacturer or retailer I think you can see the danger in this type of yardstick The inspector tells you what the hazard of the environment then he tells you what amplify them or apply them differently Until all occupational safety and health stand- ards are thus employers are likely to be at in mercy of the inspectors and cries of police state will no doubt continue But let's not forget the employer's plight for the moment protective equipment your employees should have been wearing when he made his inspection Before anyone says Commission and its judgesjudges to interpret whether any particular charchgaerge constitutes constitutes a violation of charge this standard let me mme e quote from from the Supreme The purpose of this law is to protect employees This will be accomplished by providing safe and healthful working conditions for UnfortunatelUy nfortunately however such a state of affairs job achieved until employers are regulated by job safery standards which set forth meaningful and clearly discernible requirements by which trey can guide their concuct and the full scope of these requirements must be obvious to every prudent employer upon a reading of the standard of Presenting employers with a quicksilver standards such as those described here cannot CLOTH save a limb and will not save a life such such such standards standards standards may serve serve improvements in job safety and hearth helay as puzzled employers either await clarificat what is expected of them or mink presently doing all that such standards So long as job safety and health maxe remain shrouded in ambiguity the gains we be in safety and health conditions on the ico will equally ambiguous yr MOUNT 4 of The City University ofof New York INSULATION HYGIENE PROGRESS REPORTS FROM THE INSULATION INDUSTRY HYGIENE RESEARCH PROGRAM Irving J. Selikott M.D. Program Director Vol 6 No. 2 Summ er 1974 anemia _ Court of Appeals Orders Review of Asbestos Standard a historic decision on April April 15 the U.S. Court of Appeals the Mrict of Columbia ordered the Sec- ity of Labotro review portions of the bestos Standard promulgated on 7 1972. The ruling written by cuit Judge McGowen was in re- to a petition filed by the AFLurging reversal of the existing adard The Court ruling which was ideredin a forty page decision stains the following provisions ap- able to insulation work In those industries where a dust vel of two fibers is feasible it hould be implemented before 1976 Here the court took note of tes- ummony of Duncan Holaday of the es th 1.1H..HR..RP.P.. iinndduussttrryy and witw ni et sn se es sse as nd e oth ) L that a two fiber standard Could implemented in Could be implemented in commercia commerlcial industrial industrial insulation within industrial insulation work within April years of April 1972 Continued Continued on fourth page } pr i x a x , Be Dr. of the Research Program Irving J Selikoff Diorfector inInsulation Industry Hygien9e3 answers regarding regarding health health eeffffeeccttss of dasi bes stc os usds isi cuo ssdin iscuosss niosns with with Local Local Patterson 93 members members David Patterson David Rocco Richard Younkman Thomas Hamsworth Hughes Thomas Smith William FrFarzaziieerr Edward Edward Cisek Cisek questions Mano Di Mano Di and Mike and Mike Walter Hanna Business Agent of Local 93 pro- Andersoonf Henry vides Dr. Mount Sinai with details of his past medical history Local Local9 933 Exams Continuing Show Continuing Shipyard Problems Examinations of Local 93 Philadelphia Naval Shipyard of the International Association of Heat and Frost Insulators and Asbestos Workers con- ducted by staff physicians ofthe Mount Sinai School of Medicine reveal reveal asbes- tos problems still exist in shipyard work While much insulation material now has no asbestos content and the use of asbestos is required to be much better controlled asbestos material in use by other.trades other.trades poses a continuing problem Here asbestos cement and dust Continued on third page om ; { i Insulation Hygiene Progress Reports Dust Control Important in Alaskan Pipeline Work Vol 6 No. 2 Summer 1974 from the Insulation industry Hygiene Research Program Editor W. Nicholson Ph.D. Published at The Enviromental Sciences Laboratory Irving) Selikost M.D. Director Mount Sinai School of Medicine or the City University of New York VY 10029 Inang Inang Inang 2 Selikoff Selikoff Chairman C Caver Hammond Sc .. e Prevident American Cancer Society New York Y Andrew Haas General President international Association of Heat Frost Insulators and Asbestos Workers Washington DC Fred L Punonaux Ph.D. Vice President Re- search and Development Johns Johns Johns MaMnvillae nvilMlanvielle Cor- Cor- poration Denver Colo INSULATION INDUSTRY INDUSTRY HYGIHYE GIENENE HYGIENE HYGIENE RESEARCH PROGRAM . 1. To develop improved methods for minimizing exposure exposure of insulation workers to Custs and fumes disseminadte isseminate knowledgeknowledge of These improved improved improved methods of dusi control wherever they ma be applied advantageously and to offer cooperation advice and assistance toward their universal doption Asbestos Workers from all parts of the United States will soon begin work insulating approximately 400 miles of the inch diameter Alaskan pipeline Additional insulation work will be re- quired farms in pumping stations and rank The work will commence this summer and continue for three years The insulation material to be used on the pipe will either be fibrous glass or rigid polyurethane foam Little or no containing materials are called for in the specifications While asbestos is not to be used each of the two materials contemplated for use has been shown to produce cancer animais Because of the remoteness of operations the extreme weather and working conditions andthe urgency to complete the job special efforts are planned to assure that adequate precau- tions are taken to protect the health of Insulators All of the procedures appropriate for dust control in asbestos work should be applied exhaust ventilation on all portable and stationary power tools down draft cutting tables for nand saws adequate clean procedures in fabrication shops and use of disposable respirators if warranted The possibility that dust from polyurethane foam insulation might be hazardous was discussed previously in Vol 4 No IHRP In view of the possible extensive use of this material for insulating the pipeline it is appropriate to review the available informa- tion on its possible health effects Workers who are sawing orabrading this material may be exposed to plastic dusts dust from added fire retardants dust from reinforcing materials gases from unreacted TDI or MDI See Vol 5 No. 4 trapped in the insulation and a mixture of decomposition products produced byheat from cutting or abrad: ing operations No studies have been effects on humans from polyurethane ever the Institute exposed insulation insulation insulation of Environmental Medicine at New York University has conducted animal experiments which were designed to duplicate conditions of use Two groups of rats were exposed for polyurethane produced days 30 dusts and gases to produced produced grinding insulation the low exposure exposure group the was pheric concentration of dustdust milligrams per cubic meter maj and for the higner group it was mg TheThreshold Limit Valoe fg nuisance dusts is 10 mg expomsed the low group was to third and the about twice high twice tthehe dust group concentrate Say and therelatively low dust concent aons the effects on the animals disturbing One rat out of 39 in gf developed 9 45 lower exposure group and out of the higher group eae physema In addition one lungcance liver group was found ineach and one cancer in the ow group The investigators concluded polyurethane insulating materials must be considered a serious industrial health hazard In 1972 punication by Dr. Dr. Mean Stanton of the National Cancer Institute it was shown that ribrous glass and other inorganic fibers could produce mesothelioma when implanted into the .; pleura of rats Subsequent investiga- tions oy the C . scienusis have confinned these results and a detailed de their presented scription of work was on at the the Lyon France ConferenceConference on the Biological Effects of Asbestos They They sinogenicity sinogenicty sinogenicity sinogenicity sinogenicity concluded that the car- Gro of of asbestos and and and Gro Gro Gro " glass in their animalexperiments ap- peared primarily related to the struc- tural shape of the materials rather that to their physiochemical properties of Of special concern here are fibers a diameter less than 3-5 microns that may be inhaled and deposited in the lower spaces of the lung In commenting on the use of either of these materials Or the Alaskan pipeline Di Selikott Director of , H. , stated" We have learned conuels The techniqanud eenginseering engineering that will allow asbestos to be used safely equal These vigor of should be appliedapplied with / the use rigid polyurethane and fibrous glass