Document jydZMkOELDNr1XQ9oOExjDxvQ

FILE NAME: GATX (GX) DATE: 1946 DOC#: GX009 DOCUMENT DESCRIPTION: Ohio Legal Requirements for the Prevention and Control of Industrial Public Health Hazards S T A T E OF OHIO Legal Requirements ' for the Prevention and Control of Industrial Public Health Hazards Division of Industrial Hygiene OHIO D EPARTM EN T OF H EA LTH Columbus, Ohio T94 INTRODUCTION This monograph has been prepared by the Division of Industrial Hygiene of the Ohio Department of Health for the purpose of mak ing available to industrial establishments, physicians and others, the laws of Ohio concerning employments which in whole or in pan are administered by the Department oi Health and the regulations of the Ohio Sanitary Code concerning industrial public health hazards which, by order of the Director of Health, are to be admin istered by the Division of Industrial Hygiene. The statutes included are those relating to the reporting of occupational diseases to the Department of Health and the pro cedures to be followed: those relating to the manufacture of lead and prescribing the responsibilities of employer and employe; and the authority of the Department to extend the list of employments prohibited to minors. The regulations included are those relating to the use of mer curial carrot in hatters' fur, adopted October 18, 1941, and for the recognition, prevention and control of diseases or ailments resulting from exposure to toxic dusts, fumes, mists, vapors and gases. Additional information may be had by addressing the Division of Industrial Hygiene, Ohio Department of Health, 65 South Front Street, Columbus 15, Ohio. 3 INVESTIGATION OF VIOLATIONS Sec. 1236-3. (Right of entry to investigate violations.) The commissioner of health and any person authorized by him so to do may, without fee or hindrance, enter, examine and survey all grounds, vehicles, apartments, buildings and places within the state in furtherance of any duty laid upon the state department of health or where he has reason to believe there exists a violation of any health law of this state or of any provision of the sanitary code. (107 v. 524.) REPORTS OF OCCUPATIONAL DISEASES Sec. 1243*1. (Reports of occupational diseases and ailments; when and by whom made.) Every physician in this state attending on or called in to visit & patient whom he believes to be suffering from poisoning from lead, phosphorus, arsenic, brass, wood alcohol, mer cury or their compounds, or from anthrax or from compressed air illness and such other occupational diseases and ailments as the state department of health shall require to be reported, shail within forty-eight hours from the time of first attending such patient send to the state commissioner of health a report stating: (a) Name, address and occupation of patient. (b.) Name, address and business of employer. (c) Nature of disease. (d) Such other information as may be reasonably required by the state department of health. The reports herein required shall be made on. or in conformity with the standard schedule blanks hereinafter provided for. The mailing of the report, within the time required, in a stamped envelope addressed to the office of the state commissioner of health, snail be a compliance with this section. (toS v. Pt. 2* 1129.) Sec. 1243-2. (Blanks for reports.) The state department of health shall prepare and furnish, free of cost, to the physicians in cluded in the preceding section, standard schedule blanks for the reports required under this act. The form and contents of such blanks shall be determined by the state department of health. (10S v. Pt. 2, 1129.) Sec. 1243-3. (Such reports not evidence.) Reports made under this act shall not be evidence of the facts therein stated in any action arising out of the disease therein reported. (103 v. 183.) ' Sec. 1243-4. (Reports to be made by state department of health to department of industrial relations.) It shall furthermore be the duty of the state department of health to transmit a copy of all such reports of occupational disease to the proper official having .charge of factory inspection. (108 v. Pt. 2, 1130.) S RESTRICTIO N ON EM PLO Y M EN T OF MINORS See. 13003. (Board shall determine whether particular employ ment of minors shall be prohibited.) The state board of health may, from time to time, after a hearing duly had, determine whether or not any particular trade, process of manufacture or occupation in which the employment of children under the age of sixteen years is not already forbidden by law, or any particular method of carry ing on such trade, process of manufacture or occupation, is suffi ciently dangerous to the lives or limbs or injurious to the health or morals of children under sixteen years of age to justify their exclusion therefrom. No child under sixteen years of age shall be employed, permitted or suffered to work in any occupation thus determined to be dangerous or injurious to such children. There shall be a right of appeal to the common pleas court from any such determination. (103 v. 910.) Sec. 13007-4. ( 3 oard may determine whether employment of children shall be prohibited in certain occupations.) The state board of health may, from time to time, after hearing duly had. determine whether or not any particular trade, process of manufacture or oc cupation. in which the employment of children under eighteen years of age is not already forbidden by law, or any particular method of carrying on such trade, process of manufacture or occupation, is sufficiently dangerous to the lives or limbs or injurious to the health or morals of children under eighteen years of age to justify their exclusion thereirom. No child under eighteen years of age shall be employed, per mitted or suifered to work in any occupation thus determined to be dangerous or injurious to such children. There shall be a right of aopeal to the common pleas court from any such determination. (103 v. 911.) MANUFACTURE OF LEAD Sec. 6330-1. (General duties of employers.) Every employer shall, without cost to the employes, provide such reasonably effec tive devices, means and methods as shall be prescribed by the indus trial commission of Ohio, to prevent the contraction by his em ployes of illness or disease incident to the work or process in which such employes are engaged. (109 v. 181.) Sec. 6330-2. (Especially dangerous works or processes.) Every work orprocess in the manufacture of white lead, red lead. litharge, sugar of lead, arsenate of lead, lead chromate, lead sulphate, lead nitrate or fiuosilicate, is hereby declared to be especially dangerous to the health oi the employes, who. while engaged in such work or process, are exposed to lead dusts, lead fumes, or lead solutions. (103 v. 819.) Sec. 6330-3. (Duties of employers to provide safety appliances for the protection of employes in especially dangerous works or processes.) Every employer shall, without cost to the employes. 6 provide the following devices, means and methods for the protection of his employes who while engaged in any work or process included in section s." are exposed to lead dusts, lead fumes or lead solutions: (a) (Working rooms.) W orking rooms, hoods and air exhausts for the protection of employes engaged in any work or process which produces lead dusts or lead fumes. The employer shall pro vide and maintain work rooms adequately lighted and ventilated, and so arranged that there is a continuous and sufficient change of air, and all such rooms shall be fully ventilated and separated by parti tion walls from all departments in which work or process is of a non-dusty character; and all such rooms shall be provided with a floor permitting an easy removal of dust by wet methods or vacuum cleaning, and ail such floors shall be so cleaned daily. Every work or process referred to in section 2.* including the corroding or oxidizing of lead, and the crushing, mixing, sitting, grinding and packing of all lead salts or other compounds referred to in section 2," shall be so conducted and such adequate devices provided and maintained by the employer as to protect the em ploye. as far as possible, from contact with lead dust or lead fumes. Every kettle, vessel, receptacle or furnace in which lead in any form referred to in section 2.* is being melted or treated, and any place where the contents of such kettles, receptacles or furnaces are discharged, shall be provided with a hood connected with an efficient air exhaust; all vessels or containers in which dry lead in any chemi cal form or combination referred to in section 2 * is being conveyed from one place to another within the factory shall be equipped, at the place where the same are filled or discharged, with hoods having connection with an efficient air-exhaust; and all hoppers, chutes, conveyors, elevators, separators, vents from separators, dumps, pul verizers. chasers, dry-pans or other apparatus for drying pulp lead, dry-pans dump, and all barrel packers and cars or other receptacles into which corrosions are at the time being emptied shall be con nected with an efficient dust-collecting system ; such system- to be regulated by the discharge of air from a fan, pump,, or other ap paratus. either through a cloth dust-collector having an area of not less than one-half square foot of cloth to every cubic foot of air passing through it per minute, the dust-collector to be placed in a separate room which no employe shall be required or allowed to enter, except for essential repairs, while the works are in opera tion; or such other apparatus as will efficiently remove the lead dusts from the air before it is discharged into the outer air. (b) (Washing facilities.) The employer shall provide a wash room or rooms which shall be separate from the work rooms, be kept clean, and be equipped w ith: (i) Lavatory basins fitted with waste pipes and two spigots conveying hot and cold water, or Section 2 is G. C section 6330-2. 7 (2) Basins placed in roughs [troughs] fitted with waste pipes and ior each basin two spigots conveying hot and cold water, or (3) (Basins.) Troughs of enamel or similar smooth im pervious material fitted with waste pipes, and for every two feet of trough length two spigots conveying hot and cold water. Where basins are provided there shall be at least one basin for every five employes, and where troughs are provided, at least two feet of troughs for every five such employes. The employer shall also furnish nail brushes and soap, and shall provide at least three clean towels per week for each such employe. A time allowed of not less than ten minutes, at the employer's expense, shall be made to each such employe for the use of said wash room before the lunch hour and at the close of the day's work. (4) (Shower bath.) The employer shall also provide at least one shower bath for every five such employes. The baths shall be approached by wooden runways, be provided with movable wooden gratings, be supplied with controlled hot and cold water, and be kept clean. The employers shall furnish soap, and shall provide at ieast two clean bath towels per week for each such employe. An additional time allowance of not less than ten minutes, at the em ployer's expense, shall be made to each such employe for the use of said baths at least twice a week at the close of the day's work. The employer shall kei-o a record of each time that such baths are used by each employe, ihich record snail be open to inspection at all reasonable times by th- state department of factory inspection) and" also by the (state boar 1 of health). (c) (Dressing Ru ms.) The employer shall provide a dressing room or rooms which -hall be separate from the work rooms, be furnished with a doubl- unitary locker or two single sanitary lockers for each such employt md be kept clean. . (d) (Eating Roo .is.) The employer shall provide an eating room or eating rooms > hich shall be separate from the work rooms, be furnished with a sr.'iicient number of tables and seats, and be kept clean. No em ploy shall take or be allowed to take any food or drink of any kind :to any work room, nor shall an employe remain or be allowed to remain in any work room during the time allowed for his meals. (e) (Drinking Fountains.) The employer shall provide and maintain a sufficient number of sanitary drinking fountains readily accessible for the use of the employes. ( f) (Clothing.) The employer shall provide at least two pairs of overalls and two jumpers for each employe, and repair or renew such clothing when necessary, and wash the same weekly. Such clothing shall be kept exclusively for the use of that employe. (g ) (Respirators.) The employer shall provide, and renew when necessary at least two reasonably effective respirators for each 8 t emplovc who is engaged in an y. work or process which produces lead dusts. (103 v. 819.) % Sec. 6330-4. (Duties of employes in specially dangerous works or processes to use the safety appliances provided by the employers.) Every employe who, while engaged in any work or process included in section 2.* is exposed to lead dusts, lead fumes or lead solutions, shall: (a) Use the washing facilities provided by the employer in accord with section 3 (b),w* and wash himself at least as often as a time allowance is therein granted for such use. (b) Use the eating room provided by the employer in accord with section 3 (d),** unless the employe goes ori the premises for his meals. (c) Put on. and wear at all times while engaged in accord with section 3 (f),** and remove the same before leaving at the close of the day's w ork: and keep his street clothes and his working clothes, when not in use, in separate lockers or sepa rate parts of the locker provided by the employer in accord with section 3 (c).M (d) Keep clean the respirators provided by the employer in accord with section 3 (g),** and use one at all times while he is engaged in any work or process which produces lead dusts. (103 v. 822.) Sec. 6330-5. (Notices, printing, posting and explaining same.) The employer shall post in a conspicuous place in every work room where any work or process included in section 2,* is carried on, room where washing facilities are provided, dressing, rooms and eating room. A notice of the known dangers arising from such work or process, and simple instructions for avoiding, as far as. possible, such dangers. The (chief state factory inspector) shall prepare a notice containing the provision of this act, and shall furnish, free of cost, a reasonable number of copies thereof to every employer included in section 2," and the employer shall post copies thereof in the manner hereinabove stated. The notices required in this section shall be printed in plain type on cardboard, and shall be in English and in such other languages as the circumstances may rea sonably require. The contents of such notices shall be explained to every employe by the employer when the said employe enters employment in such work or process, and in addition shall be read to all employes at least once a month, interpreters being, provided by the employer when necessary to carry out the above require ments. (103 v. 822.) Sec. 6330-6. (Medical examination of employes.) The employer shall cause every employe who, while engaged in any work or process included in section 2,* is exposed to lead dusts, lead fumes Section 2 is G. C. section 6330-2. ' * * Section 3 is G. C. section 5330-3. ^. 9 J or lead solutions, to be examined at least once a month for the pur pose of ascertaining if symptoms of lead poisoning- appear in any employe. The enn-loye shall submit himself to the monthly exami nation and to examination at such other times and places as he may reasonably be re -ested by the employer, and he shall fully and truly answer all -estions bearing on lead poisoning asked him by the examining p ysician. The examinations shall be made by a licensed physic:;: designated and paid by the employer, and shall be made during ;he working hours, a time allowance therefor, at the employer's ipcnse, being made to each employe so examined. (103 v. 822.) Sec. 6330-; Every physicia finding what h enter, in a bo< employer, a re address of the in which he is tion, and the * record shall b. (state departm of health). (Record and reports of medical examination.) making any examination under section 6,* and dieves to be symptoms of lead poisoning shall 0 be kept for that purpose in the office of the 1 of such examination containing the names and pioye so examined, the particular work or process uged, the date, place and finding of such examina-.tions given in each case by the physician. The >en to inspection at all reasonable times by the : of factory inspection) and by the (state board (What rep- examination an port thereof ir factory inspect report shall be and furnished ' employer inclu- * shall state). Within forty-eight hours after such lading, the examining physician shall send a re .plicate, one copy to the (state department of 1 and one to the (state board of health). The >en or in conformity with blanks to be prepared .he (state board of health), free of cost, to every . in section 2,** and shall state; (a) > ie. occupation and address of employe. (b) > . ie. business and address of employer. (c) N :ure and probable extent [of] disease. (d) S _h other information as may be reasonably re quired by t; * (state board of health). The examir. -g physician shall also, within the said forty-eight hours, report si. h examination and finding to the employer, and after five days -om such report the employer shall not continue the said employ :n any work or process where he will be exposed to lead dusts. ! -d fumes or lead solutions, nor return the said employe to such `.-ork or process without a written permit from a licensed physician. (103 v. 823.) Sec. 6330-8. (Enforcement.) The (state department of fa c to ry inspection) shall eniorce this act and prosecute all violations of the same. The officers, or their agents, of the said (department) shall be allowed at all reasonable times to inspect any place of employment included in this act. (103 v. 823.) * Section 5 is G. C section 6330-6. * * Section 2 is G. C. section 6330-2. ro See. 6330-9. (Penalties for violations by employer or employe.) Every employer, who either personally or through any agent vio lates or fails to comply with any provision of section 1.* or sec tion j,*** shall be guilty of a misdemeanor, and on conviction for the first offense shall be fined not less than one hundred dollars nor more than two hundred dollars, and on conviction for the second offense, not less than two hundred dollars nor more than five hun dred dollars, and on conviction for each subsequent offense, not less than three hundred dollars nor more than one thousand dollars, and in each case he shall stand committed until such fine and the costs are paid, or until he is otherwise discharged by due process of law. Every employe who violates or fails to comply with any provi sion of section 4.*" * shall be guilty of a misdemeanor, and on con viction for the first offense shall be fined not less than ten dollars nor more than twenty-five dollars, and on conviction for the second offense, not less than twenty dollars nor more than fifty dollars, and on conviction for each subsequent offense not less than thirty dollars nor more than one hundred dollars, and in each case he shail stand committed until such fine and the costs are paid, or until he is otherwise discharged by due process of law. Every employer who. either personally or through any agent, violates or fails to comply with any provision of sections 3, 6, or " ,t relating to him. and every employe who violates or fails to comply with the provision of section 6 relating to him shall be guilty of a misdemeanor, and on conviction thereof shall-be fined not less than ten dollars nor more than one hundred dollars. (103 v. 823.) Sec. 6330-10. (" Employer" defined.) In this act, unless the context otherwise requires, " employer" includes persons, partner ships and corporations. (103 v. 824.) Sec. 6330-ti. (Each section independent.) For the purpose of determining the constitutionality of any provision of this act, sec tion i,* hereof is declared to be independent of and separable from the remaining sections. (103 v. 824.) Sec. 6330-12. (Time of taking effect.) This act shall take effect on the first day of October, 1913. except as to subdivisions (a), (b), (c) and (d) of section 3,*" which subdivision shall take effect as follows: Subdivision (b), (c) and (d) of section 3,** on the first day of October, 1914. Subdivision (a) of section 3.** on the first day of October. 1913. (103 v. 824.) Section 1is C. C. section 6330-1. * Section 3is G. C. section 6330-3. * * Section 4is G. C. section 6330-4. t Sections 5. 6. and 7. are G. C. sections 6330-3, 6330-6. and 5330-7. 1 I USE OF M ERCURIAL CARROT IN H A T TER S' FUR (Extract from Ohio Sanitary Code.) Regulation 241. (Deiinitions.) For the purpose oi carrying out the provisions of these regulations the following terms are defined : % Hatters' Fur is any animal fiber or other substance used in the manufacture of hats, which is treated or otherwise prepared by the process of, or in a manner similar to that of carroting. Carroting is the process of treating hatters' fur with mercury nitrate or any other solution or material for the purpose of render ing the hatters' fur suitable in the manufacture of hats. Mercurial carrot is any solution or material containing mercury or its compounds in combination with nitric acid or other materials and used in the carroting or preparation of hatters' fur. Adopted October 18, 1941 ; filed with Secretary of State No vember t8, 19 41: effective December 1, 1941. Regulation 242. Effective December 1, 1941, the use of mer curial carrot in the preparation of hatters' fur. or the use of mer curial carrotted hatters' fur in the manufacture of hats, is prohibited: Provided, That any hat manufacturer or fur cutter having mer curial carrotted hatters' fur on hand December r, 1941, may use said fur until it is consumed. Adopted October 18, 1941; filed with Secretary of State No vember 18, 19 41; eifective December t, 1941. 12 4 REGULATIONS FOR T H E PREVENTIO N AND CONTROL OF DISEASES RESULTING FROM EXPOSURE TO TOXIC FUMES, VAPORS, MISTS, G ASES AND DUSTS IN ORDER TO P R E SE R V E AND PRO TECT THE PUBLIC HEALTH Adopted by the Ohio Public Health Council February 16, 1946 Filed with the Secretary of State March 1, 1946 Effective January 1, 1947 Regulation 244. (Application of Regulations.) These regula tions shall apply to every place of employment and particularly to those places of employment where a work or process is carried on by which dusts, fumes, mists, vapors, gases or environmental con ditions of a harmful nature are produced or generated, or exist in dependently of the work or process, which may be inhaled or ab sorbed or in any other manner enter the body in quantities or con centrations that constitute harmful exposure as hereinafter defined. Regulation 245. (Modifications.) When strict compliance with all of the provisions of these regulations would involve undue hard ship, the Ohio Department of Health may, upon application in writing, permit modification of the requirements when protection practically equivalent to that required by these regulations has been provided. The application for the modification of any of .these regulations in any particular case shall be accompanied by a full statement of the existing conditions and the reasons for requesting such modification. Any modification granted under the provisions of this paragraph shall be limited to the particular case covered by the application for such.modification. Regulation 246. (Definitions.) (1) A " Gravity System of Ventilation" means one which de pends wholly upon relative air density. (2) A " Mechanical System of Ventilation" means one which depends upon the operation of power-driven equipment. (3) " General Ventilation" means the ventilation of the general atmosphere in the place of employment. (4) "Dilution Ventilation" means ventilation provided to dilute the concentration of dusts, fumes, vapors, or gases in the atmosphere of ail or part of the place of employment. (f) " Local Exhaust Ventilation" means that type of ventilation in which suction is applied at the point of generation or escape of dusts, fumes, mists, vapors or gases. (6) "Exhaust System" means a complete suction device, includ ing all hoods, ducts, fans, separators, and receptacles when required, and any other part necessary for the proper installation and opera tion thereof. (7) "Hood" means that part of an exhaust system into which the contaminated air or dust. fume, mist, vapor or gas first enters. Ordinarily it consists of an enlargement of the end of the duct of such shape and design as to facilitate the entry of dust or other impurities to the exhaust system. (8) "Duct" means any pipe, flume, or channel, forming a part of a ventilating system, used* to convey air, dusts, fumes, mists, vapors, or gases. (9) " Fan" means the machine which creates the movement of air in a mechanical system of ventilation. (10) "Separator" means that part of an exhaust system in which the contaminant or entrained material is separated from the air which conveys it. (11 ) "Refuse Receptacle" means that part of the exhaust sys tem into which dust or other material separated from the air is deposited. (12) " Approved" means approved by the Ohio Department of Health. (13) "Dust" means particles of solid matter that have under gone comminution. (14) " Fumes" means solid particles generated by condensation from the vapor or gaseous states, usually of metals, and oiten ac companied by oxidation. (15) " Mist" means liquid droplets suspended in air. (16) "Vapor" means the gaseous form of a substance nor mally in the liquid or solid state. (17) " Gas" means a formless fluid occupying the space of enclosure. (18) " Harmful" as applied to the effect of dusts, fum es,'va pors, mists, or gases, and any environmental condition, arising from industrial operations or processes means any mechanical or toxic action which in any way injures any part of the body. (19) An " Isolated Operation" means one which is carried on in a location where, or at such time that, no employee except such as actually engaged in the operation involved is subjected to the harmful exposures resulting therefrom. (20) " Silica (free or uncombined) '* is the name given to the chemical compound silicon dioxide (SiOs). (zt) " Singular and Plural Number" . Whenever in these regu lations the singular is used the plural shall be implied and whenever the plural is used the singular shall be implied. Regulation 247. (Harmful Exposure.) (1) No employer shall use or permit to be used in the conduct oi his business, manufacturing establishment or other place of em ployment. any process, material or condition known to have an ad- 14 verse effect on health, unless reasonable provisions have been made to prevent injury to the health of the employees and of the public. (2) The concentration ot dusts, fumes, mists, vapors, or gases, in the air breathed by employees shall not exceed the following maximum allowable concentrations for an 8-hour daily exposure: GASES AND VAPORS CONCENTRATION Parts per million (by volume) Acetone ................................................................................ Acrolein ............................ .................................................. Acrylonitrile (Vinyl Cyanide) ........................................ Ammonia .............................................................................. Amyl Acetate ...................................................................... Butyl Acetate........................................................................ Ethyl Acetate ...................................................................... Aniline .................................................................................. A rsin e.................................................................................... Benzene (B en zo l)................................................................ Butanone (Methyl Ethyl Ketone)...................................... Butyl Alcohol ...................................................................... Carbon Disulde.................................................................. Carbon Monoxide..................................... Carbon Tetrachloride ........................................................ Chlorine ................................................................................ Chloroform .......................................................................... Dichlorbenzene .................................................................... Dichlorethyl Ether .............................................................. Dimethyl Aniline ................................................................ Ether (Ethyl) ..................................................... Ethylene Dichloride............................................................ Ethylene glycoi monomethyl ether ( Methyl " Ceilosolve" ) Formaldehyde ...................................................................... Hydrogen Chloride ............................................................ Hydrogen Cyanide .............................................................. Hydrogen Fluoride (Calculated as H F ) ........................... Hydrogen S u lfid e................................................................ Methyl A lcohol.................................................................... Methyl Bromide .................................................................. Methyl Chloride .................................................................. Naphtha: Coal Tar ...................................................................... P e tro le u m ...................................................................... Nitrobenzene ........................................................................ Nitrogen O xid e s.................................................................. O zone.................................................................................... Phosgene .............................................................................. Phosphine ............................................................................ Styrene (Monomer) .......................................................... Sulfur Dioxide .................................................................... S 0-5 20 IOO 4 400 400 5 I too 3 100 20 too too 5 1 00 75 15 5 400 too ' 100 10 to 20 3 20 200 20 200 200 1,000 5 25 I I 1 400 10 IS