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BXHEEfflD MAf5ERAL'MGNSj^TOflttURANQE<30WRAGElif?GAfiG>N j "' * -f i _jSMpi . OCCUhATIONAL SAFETY & l^ALTH REPORTER"* r\ a1*1*--1979 A weekly review of occupational safety and health developments Volume 8, Number 47 THE BUREAU OF NATIONAL AFFAIRS, INC April 19, 1979 HIGHLIGHTS OF CURRENT REPORT AN INTERAGENCY AGREEMENT between, the Occupational Safety and Health Administra-\ tion and the National Institute for Occupational.] Safety and Health is signed for "consultation, coordination, and cooperation" between the two agencies. The agreement outlines several areas, such as training, health hazard evaluations, criteria documents, standards, and other efforts, in which the agencies intend to share information and technical expertise (p. 1673). OSHA ALSO AGREES with the Mine Safety and Health Administration on coordination of ef fort The two agencies enter into an agreement to eliminate overlapping jurisdiction and Labor Secretary Ray Marshall says that, while mine sites and milling operations come under the jurisdiction of the Federal Mine Safety and Health Act, the Occupational Safety and Health Act will apply in those special instances where provisions of the Mine Act do not cover or otherwise apply to job safety and health hazards on mine or mill sites, such as hospitals on mine sites (p. 2673). OSHA'S COMPLIANCE POLICY of making in spections for virtually all complaints about workplace hazards interferes with its policy of directing its limited resources on workplaces that pose the greatest risk to workers, the General Ac counting Office reports to Congress. The GAO says most complaints are from the types of businesses that OSHA would not visit on its own initiative and do not appear to address serious hazards or, in some cases, any hazards. The watchdog agency suggests that OSHA could make better use of its inspection resources (p. 1674). "T INDUSTRY AND GOVERNMENT officials investigating a suspected high incidence of brain cancer at two Texas chemical plants expect to receive within five weeks an accurate history of all primary brain cancer cases within a three- county area near the plants. The investigation is being conducted to determine whether there is an unusually high incidence of a rare form of brain cancer, glioblastoma multiform, in the Texas City, Tex., area (p. 1675). 1 TIMOTHY F. CLEARY, chairman of the Oc cupational Safety and Health Review Commis sion, tells a Senate committee that the commis sion is "working diligently to reduce" a backlog of 402 cases. The chairman testifies during con firmation hearings on his nomination to a second term at the commission that OSAHRC's backlog represents a "primary concern" to the com missioners (p. 1676). THE LABOR DEPARTMENT DEFENDS the role of Assistant Labor Secretary Eula Bingham in decisionmaking on the lead standard. In response to a lead industry memorandum to a federal appeals court charging Bingham with bias, the agency says a speech by Bingham last fall did not amount to prejudicial conduct on her part in developing the lead standard because all decisions involving the rule were final before the speech (p. 1676). ORGANOPHOSPHORUS ESTERS exposure of workers will be studied by NIOSH, which notes that many organophosphorus pesticides are known to be neurotoxins, but little is known about the health effects of exposure to other organophosphorus compounds (p. 1679). THE REFERENCE FILE SUPPLEMENT with this week's OSHR includes two new Oc cupational Safety and Health Administration program directives, revisions in the lead stan dard to denote provisions affected by a judicial stay, amendments to the OSHA Field Operations Manual chapter on state jurisdiction and state plans, and updated versions of the guides to com pliance for the Michigan and New Mexico plans. Section 1 Copyright 1979 by Tha Bureau of National Affairs, Inc 0M$-323?/7arS00M ST6 2433985 RSV0033855 f* reOTCCTH) MAraMAL^M0^ANTOB!iStJRAWCE<3OVHlAfleiillGAI10W - li '* . .___ -- - - "S.U. CURRENT REPORT \ *' uy*H* ** ^ s.'fc.**! 1675 n n ,-iJL rv ; Congress Should Anund the Act GAO argued tila l Congress should amend Section 8(0 of the Occupational Safety and Health Act to give 0S11A authority to resolve formal complaints without making in spections at the workplaces unless the complaints involve potential hazards that can cause death or serious physical harm GAO's proposed amendment would require the Labor Department to notify the employer of the complaint, when tl has determined that the complaint is not of a serious nature, and to require the employer to report on corrective actions taken The Labor Department also would notify the com* plalnant in writing, of the employer's actions, according to GAO's proposal (Reference File, 71:1108). Comments on GAO's Recommendations GAO was told by OSHA that it is developing instructions prohibiting inspections for complaints that describe no viola* tion of an OSHA standard or no potentially harmful condi tion OSHA also said that an existing program directive (200-69) provides area directors with the option of respond ing to nonformal other-than-senous complaints with a letter to the employer (Current Report, December 15,1977, p 984) OSHA added that it is considering seveial options, which it did not describe for GAO, for alleviating the com plaint problem while continuing to protect workers. But GAO argued that Program Directive 200-69 "does not provide the flexibility needed for handling complaints by means other than an inspection. Until OSHA develops a more effective approach to resolving informal complaints con sidered less than serious without workplace inspections, such complaints will continue to use a disproportionate amount of time and resources," OSHA also told GAO that it requires full inspections, time and resources permitting, for all complaints classified as serious and that it is considering a requirement that com plaint inspections in high*hazard industries include ail high-hazard conditions. Report ie Avalleble Single copies of the report, "How Effective Are OSHA's Complaint Procedures?" (HRD-79-48), are available without charge from the General Accounting Office, Distribution Section. Room 1518, 441 G St. N W, Washington, D C 20548. Additional copies are available for 81 each from the GAO, Distribution Section, P O. Box 1020, Washington, D C,, 20013. Haalth Hazards INDUSTRY, GOVERNMENT COLLECTING DATA TO MATCH WORK HISTORIES, CANCER CASES Government and industry officials investigating a suspected high incidence of brain cancer at two Texas chemical plants expect to receive within five weeks an ac curate history of all primary brain cancer cases within a three-county area near the plants. Completion of the list is an early step in the investigation which was begun in mid-February by the National Institute for Occupational Safety and Health, the Occupational Safety and Health Administration.and Union Carbide Corporation' (Current Report, March 8, p. 1521). The investigation is being conducted to determine whether there is an unusually high incidence of a rare form of brain cancer, glioblastoma multiform, in the Texas City, Tex, area. Ten reported deaths among Union Carbide employees, and a smaller number at a nearby. Monsanto Company plant, represent "triple the number of deaths due to a primary brain tumor than would be expected" in a population the size of the companies involved, according to a Union Carbide letter to employees Much of the information about the cancers has been gathered from Union Carbide's own employee records Investigators, however, also are qstng the resources of the MD Anderson Hospital and Tumof Center of the Univer sity of Texas Medical Center The hospital maintains a cancer register which includes information on cancer deaths for the entire state of Texas dating from the early 1950's Hospital personnel now are preparing a list of all primary brain cancer cases in Galveston, Brazoria, and Harris counties, the three counties where 99 percent of Union Carbide's employees live. . In addition to the MD Anderson list, NIOSH and company officials April 9 began collecting extensive demographic data on the 8,000 former and present employees at Union Carbide's vast chemicals and plastics plant in Texas City The information, including data on work history, is being coded for transfer to NIOSH for eventual comparison with overall data on cancer death rates. By searching Union Carbide records, and cross-referen cing with the MD Anderson cancer register, investigators hope to identify ail cases of cancer among the employee pop ulation, including any cases of glioblastoma multiform not already identified Officials are conducting the massive search to supplement Union Carbide's earlier findings of ten cases of glioblastoma multiform, discovered by searching through 451 death cer tificates of Union Carbide employees who died while work ing for the company or while receiving a company pension. Investigators are attempting to learn if there are other cases of brain cancer among the nearly 8,000 persons who worked at the plant at some time since it opened in 1941 Reports of brain cancer cases at other chemical plants in the area will be investigated if necessary, according to a government official, who added that there is not a ` supidous number" of cases at any other facility at this time. Preliminary Analysis Preliminary analysis of the work histories of employees who reportedly died from brain tumors indicated no common job assignment or exposure, Union Carbide reported to employees early In the investigation. In particular, there was no common exposure to vinyl chloride, a chemical which has been linked to glioblastoma multiform in animals and humans, among employees who suffered from the cancer. Company officials reported that vinyl chorlde was manufactured at the plant from 1948 to 1969; a tune when there was little knowledge about its harmful health effects, and no federal regulation of the substance. Industry officials cite the testing of vinyl chloride in the 1950s for possible use as an anesthetic gas as an example of the lack of knowledge of possible harmful or carcinogenic effects Vinyl chloride production at the plant was stopped in 1969, but use continued, although company officials report less vinyl chloride was used in 1978 than in any year since 1958 legal Action Tokan At least two lawsuits have been filed by families of brain cancer victims against Union Carbide since the investigation began However, government and industry spokesmen are not ceru menting (hi tiie cases other than to say it is uncertain whether the victims named in the lawsuits were afflicted with glioblastoma multiform or another type of cancer. Officials also said they doubted whether any Legal action can be taken until the investigation Is complete. 4-19-79 Copyright 1979 by The Bureau of Nations! Affairs, Inc 0095 3237/75/90060 STG 2433986 RSV0033856