Document p2BZ6b1bZ9ry3GG72Lr3nRBGD

Manufacturing Chemists Association Minutes of Meeting OCCUPATIONAL SAFETY AND HEALTH COMMITTEE MCA Headquarters January 18, 1979 Washington, D.C. Mr. De Martino convened the meeting at 9 a.m. The record of attendance follows. MEMBERS PRESENT Carl De Martino, Chairman Richard L. O'Connell, Vice Chairman Linda M. Casey Emil E. Christofano Richard D. Fulwiler Peter W. Simmons (for Benjamin B. Holder) Richard 0. Howard Howard L. Kusnetz John M. Pardee Robert E. Rutherford W. Mayo Smith Frank A. Ubel Arlin G. Voress Milton Freifeld, Secretary PRESENT BY INVITATION E. I. du Pont de Nemours & Company Olin Corporation Ashland Oil, Inc. Hercules Incorporated The Procter & Gamble Company Dow Chemical USA Virginia Chemicals, Inc. Shell Oil Company Eastman Kodak Company Gulf Science and Technology Company Air Products and Chemicals, Inc. Minnesota Mining and Manufacturing Co. Union Carbide MCA Staff H. Christopher Nolde Jay A. Young John G. Tritsch* John C. Van Horn* MEMBERS ABSENT MCA Staff MCA Staff MCA Staff MCA Staff Robert M. Clyne Jack S. Snyder *present part-time American Cyanamid Company Merck & Co., Inc. CMA 060478 OSH 5-2 1,,0 Minutes of Meeting November 14, 1978 The captioned minutes were approved as distributed. 2,,0 Meeting with Dr. Eula Bingham Mr. De Martino reported that the previous week he led an MCA group that visited Dr. Eula Bingham,.y Assistant Secretary of Labor, OSHA, and some members of her staff. The need to build credibility on both sides as a sound basis for cooperative effort and the desirability of performance rather .than specification standards were stressed by Mr. De Martino. Grover Wrenn, Director of Health Standards Development, cited the MCA effort on chemical substances identification (labeling) as an outstanding example of good cooperation. Our desire for early constructive industry input to the regulatory process was mentioned. Mr, Wrenn said the agency intends to publish notices as soon as subjects are even considered for regulation. He had no objection to frequent contacts with OSHA personnel as a way of our keeping abreast of their activities. The desirability of filling the vacant post of industry liaison at OSHA was brought up by Mr. De Martino. Dr. Bingham thought that person should be from small business since it is their interests that need most to be represented. She also pointed out OSHA does not have adequate pro vision in the budget for that position and was hoping it could be filled as' part of a government/industry exchange program. Our assistance by submitting names of suitable candidates was solicited. Dr. Bingham cited the recently proposed revisions to fire protection and related safety standards as an example of OSHA's new direction in writing performance standards. Our general agreement with this trend was expressed. However, she indicated formal written support would be helpful. On motion duly seconded, the committee voted without dissent to develop a position on the proposed revision to the fire protection standard for sub mission to OSHA. Mrs. Clinton Wright, Director of Training, Education, Consultation and Federal Agency Programs, OSHA, said OSHA training funds for this year had been allocated to a number of unions and a few trade associations. We were encouraged to apply for such funding in the future and this will be investi gated . In the spirit of fostering early exchange of information, Dr. O'Connell offered to send Dr. Bingham a copy of our Draft Guidelines on Gathering Epidemiologic Data. The Committee agreed with this action. CMA 060479 OSH 5-3 3.0 Federal Cancer Policy The final OSHA generic regulation on carcinogens is now expected in March. There is no indication to what extent the origi nal proposal will be modified in the light of industry comments. The MCA po st-hearing brief was submitted in a timely fashion. Procedural and substantive objections to the consumer Products Safety Commission's cancer policy raised by Dow Chemical USA in a Louisiana District Court are described in the Federal Register, December 28, 1978. It was therefore suggested that the MCA draft response of September 6, 1978 to CPSC on this subject, copies of which were distributed to those present at the meeting, be reconsidered in the light of the litigation cited. However, it was felt a response should be submitted by the due date of February 26, 1979. A list of carcinogens the secretary of HEW is now required to pre pare (PL95-622) and Mr. Califano's recent statements regarding the interaction of smoking and occupational exposure were mentioned as information items. 4.0 Publication Program 4,1 Guidelines for Chronic Hazard Labeling Dr. Young reported there had been a delay in one (SD-57 Methylamines) of the four Chemical Safety Data Sheets (SDS's) to be used for testing the captioned guidelines. The committee agreed that the three SDS s already in process would be a sufficient number as a trial for t' e guidelines. Hence a conclusion could be reached on chronic hazard labeling within about three months. 4.2 Safety Guides A task group is being formed under the leadership of Mr. Joseph Caporossi, American Cyanamid, to review safety guides ant revise them as necessary. 4.3 Proposed Form for Data on Chemicals A proposal to develop a standard form for on chemicals from producers to users was referred to Mr. group on Chemical Substances Identification. They did r.t to deal with this subject, hence declined the assignment. that since "the customer is always right" producers would to supply the same data about their products on a variet by various purchasers. ransmitting data atchelor's task feel qualified 'ft was also noted neve to continue of forms submitted CMA 060480 OSH 5-4 5.0 Revision of ANSI Zl29,l (Labeling) This standard of the American National Standards Institute, published in 1976, was sponsored by MCA. A task group is being formed under the leadership of Dr. Warren Jones of Eastman Kodak, recent chair man of the former Labels and Precautionary Information Committee, to revise this standard by 1981 as required by ANSI. This revision will include the chronic hazard guidelines once they have been tested, modi fied if necessary, and approved by the Committee. Hence, comments re ceived on the guidelines during the trial period with SDS's were commended to the attention of Dr, Boyd Shaffer's task group on this subject. 6.0 Epidemiology A draft, "Model Modules and Suggested Guidelines for Gathering Epidemiologic Data", prepared by Dr. O'Connell's task group, was dis tributed to the Committee at the meeting for comment and approval. 7.0 Embryotoxins Dr, O'Connell reported that a draft on "Guidance for Evaluation, Risk Assessment, and Control of Chemical Embryo-fetotoxins", prepared by Dr, Karrh's task group, was almost ready for submittal to the Committee. 8.0 Liaison Dr, Fulwiler said Dr. Kolodner of Celanese accepted responsi bility for coordinating activities of MCA representatives on committees of ANSI and the National Fire Protection Association. Dr, Kolodner previously performed this function for the former Safety and Fire Protection Committee Dr. Fulwiler is looking into similar MCA representation in professional and other organizations with interests related to those of the Committee. A letter of December 19, 1978 from Mr. Wechsler of Union Carbide Corporation, describing a problem relating to the testing of combustible gas detectors, was referred to the Advisory Committee. 8.1 American Industrial Health Council (AIHC) Dr. O'Connell briefly described the activities of AIHC relating to their advocacy of industry positions regarding cancer policy at various agencies, AIHC has made no decision yet as to how long and in what form they will continue, 9.0 OSHA Proposal on Access to Employee Exposure and Medical Records 9.1 Hearings on Proposal The Secretary reported that MCA comments on this matter at CMA 060481 hearings in Washington, D. C. and Chicago, iHinois, were effectively presented and well received. 9.2 Final (Interim) Rule of July 19, 1978 OSHA published this rule just prior to the proposal for a permanent regulation on the subject to prevent destruction of existing records and to permit unconsented access to records by OSHA and NIOSH, A letter sent to MCA member companies on December 20, 1978 asked them to report to us incidents of either of the above agencies attempting to gain such access so that appropriate legal action could be considered. However, no responses have been received to date. 10.0 Symposium 1979 Arrangements for hotel space have been made for this symposium, September 14 in San Francisco, with an open Committee meeting planned for September 13, Mr. Christofano said. He expects to have speakers lined up for this function by the next Committee meeting. 11.0 Occupational Injury and illness Reports Mr. Howard described the initial work of a task group, under the leadership of Olin's Dr. LeVine, to modify instructions to MCA contributors to Oil Reports so that OSHA's new Form 200 can be taken into account. It is expected that a new set of instructions incorporating this and other changes will be ready by mid-1979. 12.0 Future Issues Dr. Ubel reported that the captioned task group met recently and suggested the following subjects for the committee's consideration: a) Establish continuous interaction with representatives of labor on matters of safety and health. b) Since NIOSH now has a new chief, explore again the possi bility of a more active role for MCA in the development of criteria documents. c) Work closely with OSHA in the development of generic standards and long-range projects. d) Establish and maintain an ongoing relationship with the President's Regulatory Analysis Review Group for advance notice of up coming issues. e) Select criteria for taking advocacy stands regarding individual chemicals and setting priorities for them. CMA 060482 OSH 5-6 f) Maintain liaison, as is currently being done by Dr. Karrh of DuPont, with policy Research Incorporated, which has a contract with NIOSH to review its procedures for developing criteria documents. Also consider nominating candidates for the four regional panels being formed to address this subject. Mr. Kusnetz said he is already a member of one such panel. Mr, Christofano proposed consideration for two research projects for funding by MCA, probably best conducted at a university which could be initiated perhaps two years hence. These proposals deal with 1) the develop ment of dust-free bagging equipment and 2) investigations of the efficacy of protective equipment, emphasizing cutaneous hazards. Developments on The Hill, according to Mr. Nolde, leave in doubt the composition and leadership of subcommittees with OSHA oversight in both the House and Senate. He also indicated that the labor law may be revised in the current Congress with workmen's compensation due for special attention. It is also anticipated that issues relating to women in the workplace will receive increasing emphasis. Mention was made of a bill which Senator Ribicoff is expected to introduce that would require all government agencies to conduct a cost/benefit analysis prior to issuing regulations. Hearings were begun in the last Congress on the general subject of costs of government regulation. Dr. O'Connell noted this appears to be part of a trend in Congress to strengthen legislative over sight of regulatory agencies. 13.0 President's Task Force on Occupational Safety and Health (Bergman) A draft final report of the Bergman Task Force became available only a few days ago, said Mr. Voress, This leaves very little time for response by the deadline of February 20. The draft is thorough and contains many recommendations that can probably be endorsed by industry. However, the concerned MCA Task Group is studying the draft carefully and is planning a comprehensive recommended response. It was suggested that a 30-day delay for replying be requested. 14.0 Cutaneous Hazards Mrs. Casey reported that OSHA's Standards Advisory Committee on the captioned subject had discarded the idea of a single generic standard to protect all workers against all occupational skin exposures. Instead, the Committee thought OSHA might issue standards in this area for con trolling occupational skin exposures on the basis of processes or specific agents. A draft report of this Committee has been made available through the courtesy of DuPont's Dorothy Hood, a member of the Advisory Committee. The Secretary was asked to distribute this report, following appropriate clearance, with the caveat that it is known to be undergoing substantial revision. A final report is expected by mid-February. CMA 060483 15.0 OSH 5-7 Confined Workspaces and Turnarounds (Major Maintenance) Mr. Pardee reported that a task group is being organized by Mr. A1 Rover of Diamond Shamrock, to prepare the inputs for anticipated OSHA regulations in the captioned area. It was noted these are separate subjects but there is a tendency in OSHA to consider confined workplaces as an aspect of turnarounds. Organization Resources Counselors is already working on this matter and has drafted a performance oriented proposed standard. It was suggested we coordinate closely with them. 16.0 Funding of Projects Budget requests relating to this Committee's activities were outlined by Mr. Christofano. 17.0 Advocacy for Individual Products Mr, Simmons pointed out that in the course of conducting the work of special projects such as those on vinylidene chloride and ethylene dichloride, it sometimes appears desirable to have MCA take an advocacy position regarding a matter of principle arising from such a group's work. The charters of the MCA special projects confine their activities to scientific investigations. A notable exception is legal action taken under the benzene project which required Board approval. Messrs. Tritsch and Van Horn discussed alternatives for reaching the desired goal. 18.0 Former Safety and Fire Protection Committee Mr, Simmons said he was recently elected chairman of a new group composed of members of the former SFPC within the National Association of Manufacturers. Cooperation between this group and the OSH Committee is expected, 19.0 National Coalition for Disease Prevention and Environmental Health Former Congressman Rogers is spearheading an effort to organize the captioned coalition. They apparently have powerful friends in Congress. Since it appears to be dominated by enviornmental activists, it was recom mended that a wait-and-see attitude be taken regarding possible MCA member ship. 80.0 New Jersey Cancer Study Mr, Christofano advised the group that the long-awaited report on the captioned study has still not been released. CMA 060484 OSH 5-8 21.0 Accident Case Histories Mr. Simmons, leader of the task group gathering material for this publication, said it has become increasingly difficult to obtain suitable case descriptions. He therefore reluctantly recommended, and the Committee agreed, that publication of Accident Case Histories should be discontinued after the last issue for 1978 is released. Suitable notification of this action will be given to member companies and subscribers. 22.0 Next Meeting This is to be an open meeting March 15, 1979 in the Washington, D. C. area. The meeting was adjourned at 3 p.m. MF:hec Minutes Subject to Approval February 6, 1979 Milton Freifeld U Secretary Occupational Safety and Health Committee CMA 060485 LETTER BALLOT MANUFACTURING CHEMISTS ASSOCIATION OCCUPATIONAL SAFETY AND HEALTH COMMITTEE PLEASE RETURN TO: Milton Freifeld Manufacturing Chemists Association 1825 Connecticut Avenue, N. W. Washington, D. C. 20009 FOR RECEIPT BY: February 27, 1979 PROPOSAL: That the draft dated January, 1979, "Model Modules and Suggested Guidelines for Gathering Epidemiologic Data", be approved for publication by MCA. AFFIRMATIVE_________________________ NEGATIVE COMMENTS: 2/6/79 Signature__ Name, Typed Company Date_________ CMA 060486