Document qd99RMNEyqaa6EmXpMJVQyyE5

1478 requested of all approved plan state governors by Assis tant Secretary of Labor John H. Slender on April 12. Stender asked-the governors' views on both his posi tion that federal inspections be di&bntinued after state plans "become fully operational" and on some of his ad visors' opinions that federal inspections continue after an approved plan state is operational and that dual authori ty continue until states' enforcement operations have been fully evaluated. The letter soliciting governors' recommendations on dual inspections follows the National Advisory Com mittee on Occupational Safety and Health opposition to withdrawing federal presence from approved plan states before state operations are evaluated (Current Report, December 27, p. 972 and March 21, p. 1324). Recommendations were solicited "as to the procedure that will best serve the intent of the law to provide a safe and healthful workplace," Stender said, adding that the decision as to the final procedure "is a policy matter" because federal law permits the Labor Secretary to con currently make enforcement inspections or to discontinue inspections when states become operational. The full text of the letter follows: "The Occupational Safety and Health Act of 1970 provides for the Federal Government to approve State occupational safety and health plans when the plan meets certain criteria of effectiveness. "This Administration has encouraged the States to develop occupational safety and health plans in con sonance with its policy known as `The New Federalism' -- a policy designed to bring the Government back from Washington to the States, and therefore closer to the people it serves. "Thus far 25 State plans have been approved, and 22 more are before OSHA awaiting further administrative or legislative action on the part of the State. "The purpose of this letter is to request your views on a matter which I believe to be important to you and to the other Governors who have approved plans. "Among my several advisors are those who recom mend that the Federal Government exercise dual enforce ment inspection authority concurrent with State inspec tion authority after an approved State plan becomes fully operational. It has also been proposed that this dual authority would remain until some point in time when the State's enforcement operation has been fully evaluated. fjjr "It is my own opinion that sueflibneurrent inspection authority would subject State eflloyers to varying in spection procedures, in some inronces different safety standards and. too, two separate judicial review procedures -- a situation which could cause confusion and antagonism. "I prefer to discontinue Federal inspections, when State plans become fully operational. Continued Federal monitoring and evaluation of the State's effort is re quired by the Act. In addition, OSHA would cooperate with the States to assure the highest level of safety and health for working men and women. However, some of my advisors maintain that to discontinue Federal inspec tions upon the initiation of the State enforcement effort would diminish worker protection significantly. OCCUPATIONAL SAFETY & HEALTH REPORTER "The law, under Section 18(e) permits the Secretary to concurrently make enforcement inspections or to dfscontinue inspections when the State becomes operational. Therefore, the decision is a policy matter. "Accordingly, your recommendations are earnestly solicited as to the procedure that will best serve the intent of the law, to provide a safe and healthful workplace for the working men and women of your State and of the Nation. "I would very much appreciate an early response to this most important matter." Faderal Performance Monitoring The Occupational Safety and Health Administration is developing a federal program monitoring system guide to monitor and evaluate OSHA regional activities which will parallel the state program performance monitoring system in effect since last November (Current Report, November 29. p. 831), Clinton Wright, acting director OSHA office of field performance evaluation, told OSHR. The guide will be a "landmark" in Federal Govern ment, Wright said, and will attempt to set out the answer as to what is "as effective as" criteria for carrying out the intent of the Occupational Safety and Health Act. The guide may have impact on some areas of state^ monitoring regulations and certainly will change states' reporting requirements. The system for evaluating* federal performance will be more detailed in scope than the state evaluation system. "Eventually states will be measured against it," Wright said. There has been field participation in development of the federal monitoring system, OSHA regional personnel have reviewed preliminary draft copies of the system and have had an opportunity to respond and to comment on the procedures, Wright said. OSHA is considering "testing out" the system in all regions over a six-month period to begin July 1, 1974. The system may be revised after that period. Health Hazards MANUFACTURING CHEMISTS SAYS STUDY SHOWS VINYL CHLORIDE CAUSES CANCER Preliminary results of a study funded by the Manufac turing Chemists Association indicated that vinyl chloride produces angiosarcoma, a liver cancer, in mice at several exposure levels. Industrial Bio-Test Laboratories, Inc., conducting the MCA-administered vinyl chloride animal exposure study, informed MCA that the work, although very preliminary at this point, tends to confirm the findings of Professor Cesare Maltoni, an Italian scientist who found that vinyl chloride exposure caused cancer in rats. Maltoni presented his findings during a Labor Depart ment hearing on vinyl chloride (Current Report, February 21, p. 1193). The Occupational Safety and Health Administration i-sued an emergency temporary standard for vinyl chloride on April 5 (Current Report, April 11, p. 1411). MCA notified OSHA, the National Institute for Oc- Occupotionot Safety & Health Ropartar ASI 000013445 CURRENT REr :RT 1479 cupational Safety and Health, and the Environmental Protectipn Agency of the preliminary test results. In the MCA-administere^tudy, rats, hamsters, and mice are being exposed seven hours per day, five days a week, to 2500 parts per million, 200 ppm, and 50 ppm. After seven months of exposure, angiosarcoma was observed in mice at all levels, but not in rats or hamsters. The animal exposure study is continuing. Another MCA-administered study on the chemical, documenting the health experience of present and former employees who have worked with the material, the results of which also will be released, is expected to be completed in the near future. MCA is considering further vinyl chloride testing. Another Worker Death The Firestone Plastic Company. Pottstown. Pa., dis closed on April 16 that the 1969 death of a worker at its chemical plant appears to have been angiosarcoma -- related to vinyl chloride exposure. The initial vinyl chloride scare resulted from an an nouncement by B.F. Goodrich Company that several workers at its Louisville. Ky,, plant died from angiosar coma (Current Report. January 31. p. 1099). Firestone said the information was revealed as a result of a continuing review of medical records of deceased employees which is being carried on by the company and government agencies. The company reported the death was the first one related to the disease reported among its employees. The worker was employed for 20 years at various jobs directly involving vinyl chloride. Firestone said as a result of the death it has instituted a medical surveillance program for its employees in Pottstown and at its Perryvillc, Md,, plant. NIOSH Activity' Thus far there have been some 14 total cases of angiosarcoma attributed to vinyl chloride exposure in cluding 12 cases in the United States, one in Great Bri tain. and one in Norway, a spokesman for the National Institute for Occupational Safety and Health told OSHR. Reports from other countries on results of vinyl chloride exposure are being received by NIOSH, he said. Unpublished studies on rats by Professor Cesare Maltoni. Bologna. Italy. syidence that angiosar coma can be transmitted fippugh the placenta from mother to offspring. This st^v- formed the basis of the NIOSH recommendation t^no woman who is preg nant be employed directly in vinyl chloride monomer operations (Current Report. March 28. p. 1356). Coke Oven Emissions STEELWORKERS. INDUSTRY ENDORSE JOINT COKE OVEN RESEARCH PROGRAM Contract language agreed to by the United Steelworkers of America and 10 basic steel industry representatives on April 12 included a joint safety and health research program which would focus on the health hazards associated with coke oven emissions exposure. The program was among material endorsed by a joint labor-industry task force supplementing the job safety and health section of the Basic Steel contract which is expected to be signed on May 4 or 5. The task force also endorsed minor amendments to present contractual language and a U.S. Steel Corpora tion "pilot project" providing for negotiation of an agree ment to reduce exposure of coke oven workers at the cor poration's Clairton Works plant. The joint research program will be carried out with the aid of S2 million to be contributed by the coordinating committee of the steel companies. The program will focus on coke oven problems for at least three years and then will turn to the areas of lead and noise exposure problems. A research projects committee, composed of an equal number of management and labor representatives from steelworkers and participating steel companies, will define the health effects of working in a coke plant en vironment in both coal handling and coke production and will develop preventive measures and appropriate con trols directed to resolve health and safety problems. Proposed research projects will be recommended to a four-man negotiating team. The four-man negotiating team, after consulHfon with the committee members, will solicit proposalsKim qualified professional sources to carry out the Bm- mitlec's objectives and will report progress on the vn* missioned work periodically to all committee members. Information submitted to the committee by any member company will be kept confidential and will not be released without prior company approval. Member companies may carry on separate company activities pursuing committee objectives and may take any ap propriate action based on the findings of any research project. Results of research projects must be disclosed to member companies and the union and may be revealed to other interested persons by the committee's majority vote. Concern for Coke Oven Employees An appendix to the contractual language of the Basic Steel agreement expressed industry-labor concern for the health and safety of coke oven employees in a recommen dation that control of emissions be considered a priority area of study by the industry. Studies are needed in the areas of time away from work stations and use of respirators as well as engineer ing and administrative controls. An agreement should be, developed at each coke oven plant in connection with the above problems, according to the union. Other material supplementing the basic contract in cluded an April 12 letter of understanding between the Steelworkers and U.S. Steel Corporation providing for negotiation of a "Lackawanna-type" (Current Report, February 21. p. 1195) program to reduce exposure of Clairton Works workers to coal tar pitch volatiles and arrangements for time away from the work station for the corporation's Clairton Works coke oven employees. Negotiations on these points will begin following the signing of the 1974 Basic Steel contract and should be concluded by August 1. 1974. Ifagrcement is not reached Copyright ft 1974 fcy The Bureau ( Notionol AHoir*, Ine. ASX 000013446