Document reYL28LqYgroRX20KKYZMRJY0

u~- p r 1 i 27, l'J7 7 ,'.r. Joi.n t.. ..'illiarg fo;iiCo btecl-illu International 2jj Lone; Acre, Sac hells i. i i-i r.t har;, upland li 7 5J Ltd. icjr r. Willlauu: Kc; Aahcston carry jiicprurJ hag referred yuur rci|uet for current infurcatlou ou asbaccou to b.c . As I do not Usov specifically uhac lnforoacion or report you are seeking, enclosed you will find ell asbueLoe related releases froa our Occupational Safety ana health Reporter. This service provides an appraisal of the latest uevelopueuts In federal occupational safety and i* c a 11 n . You will note that cajor activity olact August of 197*2 uus iuvolvud the clasaif icacion of^ Talc processed by the il. T. Vanderbilt Company, Inc. I aa also enelosiiig a lattsr froa that company dated April 1, 1977 la which they indicate teat Vanderbilt's Talc Is co longer classified as nsbastos bearing naeerial. If this is not the information you seek, or if I eey bu of any further asulstsoce, please do uot hesitate to contact ce. Vary truly yuurs, U. Z, Woodbury Corporate ".ana^tr, buployee palationa uiiW: * cc: Hr. H. Shepherd bcc: D . Adame 2555 FQS-00-0000001763 PLAINTIFFS EXHIBIT FOS 746 CURRENT REPORT :9 TV- 'i> eunducted by ihe Health Hcrc-rcii C: -t3 : .. T.-./-r rrn-.-luMPn cited that I..Bur pa:.-. tjf i-c- 1 .-. .1 'r.,,; hu_:::t n.-m..ir..- ft,,n.; .ml 1" a sex ire vi u-..f.v..ll*t experts. ar.J 3v low li.-alih Budgets I'hv MUG sun wed 15 nu;ur union* reproi-r.lmg more " ...1 -.Ton mill.on Murker* prone lo chemical liia/li na<..rdx 3n ..use of tliv particular industry The unions surveyed in- clu .led i' iMmuric.vu'its Wc-ikc-rs of \mcrtca. l;i:im..i:- n.,1 A.-'Ovi.iii.m of Machinists ..nd tcfc.-'pnrc ''r,irs Ir.iernaitonal I'mon of Eleetr.ci.-ins liiii-rRotiunj! Ilrmlu rliiAiJ of I`aimers Tilled Aula Workers (M. Chemical ;ind Atomic Workers. International Chemical Workers. Tinted Electrical Radio and Machine Workers. I niied Vine Workers. Tailed I'apcrworkers Ttxlilc Workers. Tuned RjdVoriin.-kers. American Federation of Government Employees. \riierican .`.'deration of Slate. County, and Municipal Employees. TV.c survey found only one full-time and lour par.-lime medic.! doctors employed in occupational health in all la un ions Compared with management's health personnel, the unions' forces are tiny A 15k* iiudv of more than 2.000 pf.-it.an ir.r.msers of the Industrial Medical Ai.'ociilion iii '.'.cd almost all employed By mduitry. and viriujlly no dol lars employ cd By unions aside from 1! doctors in union dimes doing general health care delivery, not specifically oir-jp.itional health." the study said. Ti-.'.- la unions reported 11 full-time and 25 part-lime non- health professionals working on international staffs, and in addition, the Law listed 220 and the Steelworkers listed SCO fieid health representatives among rank and file. The OCAW noted two health representatives for each of its nine dis tricts. the report showed. The survey also noted that staff expansion plans for the future "seemed minimal." Despite the unions' shortage of medical personnel and nii-ney. ttic survey questionnaire recorded widespread union awareness of activity concerning health. Education and Monitoring Worker education appeared to be the most prevastve union health project, the survey showed. Several of the unions do wurkplace and employee monitoring, health survey*, and niunjlily or follow-up studies. Some 304 TAW plant representatives are trained to measure factory noise, carbon monoxide airflow, and the Autoworkers have inspected gray iron foundries. Icad>aad battery plants and 200 other plants, the study showed. The Painters Union has a mobile unit to give physical examinations to members, arranged through a contract with the National Institute for Occupational Safety and Health, the American Cancer Society, and the Mount Sinai School of Medicine. The *L'E reported "uncovcgtng hazards in several shops" and took steps lo force Correction. Several other unions said worker identification of hazards is encouraged. Ton of the 15 unions surveyed have run mortality surveys, including: medical examinations of 300 Ceneral Electric workers (or exposure and effects of FCBs (polychlorinated biphenyls) at GE's Fort Edward and Hudson Falls plants in New York ar.d checks of appliance plant workers for asbestos exposure (UE with Or. Irving SelikofTs Mt. Sinai laboraioryi: morality or morbidity studies of asbcstoS~texulc workers in Paterson. N.J., cotton textile workers in Columbia S C . and die anrt li;t;\.-i.r.3 -.lorkirs in to* Y ,* 'Textile Wi-rkcrs l n.un- nui'c aru u.r.ng ui* ten. l'.|.inT:nri niurUAn iluJu-s ol ?...r'i'ri rir: . ". xuiui-id liubbcrworiiirs expo-vd lo sijrcnv-suudiii'.c. bidm studies in ;hC ru.iroad industry . Ia.Mi. expa-.re studies id Siirlw"rrr> 10 cue men p.-lucon 10 . r. I chioritle at i>) s .Midland. Mun pl.,m *nd icntiiuci- :o liurt ..nd .ir>i-iic ibiCetnomerS' V-n unspccific-d siudm a 1 he l AW .nut Ot'AW me being rniniucii-d 'he ruricy ln:,-..i Oinur Foidingi The survey also showed mcre.jir.g union ar.;..;y :n hat gaining for safety .inti lieai'.h tmprjxci-e.nts ".j-; -jc.ncred by OSH \ were found to pari:t:paic m Renew C.nmi*MOn proceeding* on viola: ion* a-unc unions ,rc..u.-.llic Steelworkers and the OCAW. yrc very utiixe. aut unions -- ihe 1TE. the TE. and the Comir.unicauons W,,.-vrs -- have taken no part in proceedings The survex concluded that "our li.-.ui.-igs. however. arc e.sturbmg" because iv.irkcr health is not a lop prior:iy ntanv unions. "With wide variation from union :u union impression is that occupational hcallli is getting more alienHon today than it did a few years ago but not enough. :nc study <a:d. recommending that "a major union effort should go tuivjrd publicising heallh problems and training members to spot and report problems 10 the union ana :o OSIIA. Tnforiunatcly. some unions seem to make little or no use of OSHA .. The exclusive '.aneenirauon on workers compensation which has marked same unions health efforts is a backward-looking policy, -.lie survey said. -nfoteement OSAHRC REQUESTS SUPPLEMENTAL 9RIEFS ON AS3ESTOS RULES IN CONSTRUCTION WORK The Occupational Safety and Heallh Review Commission requested supplemental briefs on whether the monitoring and medical examination provisions of the asbestos star.oard are feasible as applied to construction work. This action was taken in Ro-rurrh Ci't'.rrll. Inr 1 No 11756>. xx-htch was directed for review by the commission on September 15. 19*5. Review Commission Judge William J. Risleau affirmed citations for violations of 29 CFR 1910 1001 ifi ill and j) ill. holding that the standards requiring monitoring and medical examinations apply to any workplace where asbestos fibers are released. The employer had argued that ihe standards were not applicable to construction projects like the worksite in question, because the employees exposure to asbestos was minimal and of relatively brief duration. The commission s order requesting supplemental briefs noted that Secretary' of Labor s publication on October 9. 1975. of a proposed asbestos standard applicable to general industry but not to the construction industry (Current Report. October 9. p. 572). In the explanation accompanying the proposal the secretary indicated an intention to develop a separate asbestos standard for the construction industry and noted the uniqueness of that industry and the special com pliance problems involved. The commission order directed the parlies 10 brief the question of "whether the Secretary s statements of October 9. 1975. may be construed as reengnizing that the existing standard is infcasibfe and con trary to the requirements of IScc. 6 tbi 15) of the Oc cupational Safety and Health Actl when applied to the con struction industry and consequently should not be enforced as to such industry." Cpy"fht 1974 by Thy Lhiim *f Nalitnll Inc. FOS-00-00000017&4 2556 -4 20 OCCUPATIONAL SAFETY & HEALTH REPORTED tint-fire .>lo was rcqucxted on whether the provisions of i :'M :. l" :P91 if' 'll expired on Deeemacr 7. !!?;. in v.iw of -taniLird's language requiring mmol monitoring six months of the publication of this section." LVntmiv^ioncr Timothy F Cleary dissented from the comfii-Mon s orucr. criticizing the majority for raising issues r.oi presented by the parties. General Pohcv APPOINTMENT OF THREE NEW MEMBERS TO AOVISCRY COMMITTEE IS ANNOUNCED Tin- .o;iniin;ent of three now members 10 the Njnonal \ii\ i-..iy (' jiitniittee on Otcup.ilninul Safely and Health was anmiumed on September 7 T!ic new members are Nicholas Ashford. Center for Policy Mlernoir.r> M.issaihosetls lasiitme of Technology, represeii'.r.g the public $i-ctor. Euucnc KumnUc. Cummi.vMiincr of Public Health, state uf Tennessee, also representing the public, and Ralph J Vernon, department of. industrial engineering, Texas Ai.M L'nivcrjity. representing the Vilely ettnr. Three eurient members were rcjopomied to the com mittee These members arc Roger Wmgau. senior vice president. Liberty Mutual insurance Company. Paul Kotin. Senior vice president for health. Safety, and the environ ment Jel.ns M.invillc Corporation, and John J Sheehan. !i L'l-loiive U.rei tor. I'nited Steelwurltcrs of America. Th.ese members will sene a two-year term expiring June 20. I'.iTl Reger Wingate will serve during that period as cuinnmiee chairman. Discrimination MEDICAL CLINIC AGREES TO SETTLEMENT IN JOB SAFETY DISCRIMINATION DISPUTE The Occupational Safety and Health Administration an nounced Sepi -mber 3 that it has reached agreement with the Arkansas OrihopcdicCImtc. Utile Rock, Ark..in a job safety and health discrimination case involving an employee of the clime The voluntary settlement resolved a discrimination com plaint which alleged that an employee was discharged from her joh because she filed a safety and health complaint with o.MI \ about job hazards in her place of employment. As part of the settlement, the clinic agreed to post a notice to i-mpinyccs for at least CO eonsccutivc days affirming the (luup.iny's agreement to refrain from discrimination against workers who exercise their rights under the Oc cupational Safety and Health Act. The clinic also agreed to comply with terms and provisions of the notice, including notification m writing of actions taken to comply for the OSII \ Operations Review Office-West. Procurement NIOSH TO AOO MUTAGENESIS STUOIES TO REGISTRY OF TOXIC SUBSTANCES Muiagenesis studies and data will be added to the Registry of Tuxic Effects of Chemical Substances, according to a National Institute for Occupational Safety and Health re quest for proposal. The 197 toxic substances list contains 19.::l chemical compounds of wmch uniy 34 are mutagens The list includes chemicals with mutagenic effects m humans and or cxperincmal animals. Put must mutagenici ty studies use microbial or host-medicated assay procedures Neither of these procedures falls ur.eer the whole animal selection criteria. "It is essential to re-examine the selection criteria for mutagenesis and to include the sup-mommalian assay svstem tested chemicals." MOSII said in its RFP The contractor chosen by MOSII will be required ' to iden tify. evaluate, develop selection criteria, ano provide nput uf imiiagc-nvMs studies and data to the Hcg:iry j( Tauc Li (cuts of Chemical Substances file. " .MOSII will use the list uf mutagens not or..v for the registry, but also for tlic priority list, criteria ducumtr.ts and assistance in determining occupational rncart.n needs, according to the RFP Persons washing copies of the RFP should contact the Con tracting Officer. NIOSH. Parklawn Building. Rm. 1-53 2000 Fishers Lane. Rockville. Md. 29852. The KFP due date is September 16. Kepono AlllEO EMPLOYEES ACOUITTEO: JUOGE FINOS "REASONABLE DOUBT" Two Allied Chemical Corporation employees were ac quitted September 2 of a federal charge that they conspired to cover up the discharge of kepone into the James River at Hopewell. Vi. "I stmpiy am not satisfied beyond a reasonable doubt." I' S. District Judge Robert R. Mcrnige. Jr . said. He heard the case without a jury. The charge involved the manufacture of kepone by Allied at its Hopewell plant between 1966 and 1974 (Current Report. September 2. p. 405). The defendants, the manager of Allied's Hopewell plant and a technical supervisor, were the only remaining defen dants in a conspiracy indictment handed up by a grand jury in May. Two other Allied employees pleaded guilty to reduced charges and testified for the Government during the trial. Allied (aces trial September 27 on a single misdemeanor count of conspiracy and 153 counts of aiding Life Science Products. Inc., in violation of federal water pollution laws, according to U.S. Attorney William B. Cummings. Procurement DEPARTMENT OF LABOR SEEKS STUDY OF JOINT CANCER INFORMATION PROGRAM ' A study to evaluate the Occupational Safely and Health Administration and the National Cancer Institute's joint oc cupational cancer inform, on and alert program is the sub ject of a U.S. Department of Labor request for proposal. The overall objective of the program was to provide for a review of scientific information on occupationally related ' cancer and the development of a plan for incorporating that information into an educational program aimed at reducing - the risk of cancer. Requests for copies of RFP LM 76-69 should be sent to (he U. S. Department of Labor. Office of Administrative Ser- Octvfi'iinil Safety 4 Hijih Rtaefter 2557 FOS-00-01S CU^E-T BEi'OHT i \. j> it ri'!.;c* lud.':n* ' n m;: \ :.: i\\iHiinicnJ.iliuns a<Mp(fl In 't.v imrir.Mi-. c rrijiiifv' rnij'luvorsi lu bo l*r ;V\i'ir.fino. MMim.iinini;. jnd crunching iih a afir ;t.,i i:i ri rti.inii.il. r.'iu.ilmc ncrr^.irv ttwlv ^juipnuMU. jmJ a* niil i:: <.-.1 :n ' !ir ' i jful.il tl l.viMfjjr- ...-u ;u6*rC*ljlcd f.tl.ilihcft and %. ? . % i:i*rul ,utid* n!> ^nd n.ikmc i* .v.in..!`U' to I He \>*i>luiil .Va iVlury for f )< i *:' -'t.iI !\ .uni lU.ilift. *..:ii*wme .ifo .iml ru\oili:ul operational pfKrilurc** as t ir. tlu* 'I..ml..ni ..ii ^ae-i- of .h-i return |;,. . .i . .. . eniyfnK 11- I-.-i .:ii.-n\ .v.tui.i iv-;eirk - *c -y .. ^ th.n \i he a.ivI.j :v-r:..r: . i ,...- -;:e , - mi--n.n for r. ken-Hler,.!i--n nn :*i- n,(-.- m ...| ,--:i-r p..rt of the rernrd nils deriMi.n >\il| appear in a 'i-jre O'-t-i.i.ns merit litigation CLEABING LAND FOB GnOWthlG GBAPES AFFECTS C0MN1EBCE. \l\TH C:BC'Jir SAVS \ firm lhaf was ili-.irmc lar.d in ('..lifi.m-u . N.,p., v.; with the intent <-f using the land to grow grapes u cne..r J tieiga?0 m a business iffectmc mterjtate rr-n:--cri e the h x C'...-: of \ppcals foe tin- Ninth I'.rcuit r-.h-d TESTS. INSTALLATION OP EQUIPMENT SHOW ` REASONABLE DILIGENCE.'* COURT SAYS Tins unanimous dcis>n in li11 lm m tlodn m r OS i:: R iNo. *j-J!'Jii. decided August IS- rucr-cd j ruh.r; -if .he -c cujialional safety and Ile.dih Review Commis-mn. J., ^ \ .:r:>ln\er which reijinutl nn m<Jc;>cndcni laboratory to Mrrrr Kn'prpri.-.-i-s fi-r- i 3 OSIIC !015 The appeal to :he pl.ini horv for .irnornc l>bCMo inti installed i*<*-.! *.iicfv itmipiisint a* j rc.Milt: Hie lob ex* iniM.J diligence in .iitompuni' to furmJi j *..!C 'u*rLpl.uv. circuit court wjj taken hv an emrlnvee of Lev \l.ire r.i lust three fingers in an arndint that resulted from lu/.ird i iiml hy the Secretarv of l...nor f'.mplnyees of Les Mates were u-.ng a guillutmc-like ' :1 :~ticd \ngu*l 2b ay the f S. Court of spln-.er to rut up trees that were 'i-ng cleared (.-.mi re ...1.* :nr !.".e v\:h Circuit in Duu.'mi r tin, /riVi-- land Despite repeated cmi-'-oce - ':tvd;nni and acti(1i.r-, ! .-i..' No T.", (orji. ,i(iirim.d -.iii order of ;!ie Oc- the citipluver ; .-upcrinti-ndent required the workers to p_: s.iivty ..ud Health Review Cuimuia.ion reported more than one tug in the spinier at .-.ice, which increased tr.o nl 1-silC I2'.i] hazard to the worker holding the logs, because he had to H-nkncll operates a plant at Ashtabula. Ohio, where it place Ins hands dose to the blade of the splitter Tie prid-.L-es br.ik -Ines Its pruduetton operation requires secretary charged Los Marcs with a violation of Section j )) j.Mtd.%' of the brake lining material which contains iai Mi of the Occupational Safc-tv and Health \ci. ir.e .irCCitnj \ Labor Department inspection of the fnctlnv general duly clause, and proposed a penally of $600 revolt l m the ivmi.uicc oi a citation for serious violation of The employer contended that it was not engaged m a 2'j CHt I'JlO.ltMt and 29 CFR I9l0.134tait2i. The cited sunb business affecting commerce" and therefore was not subject urns delineate the ..Howable number of asbestos fibers in an to the Act. as provided in Section 3 15 < of the Net Review ciipiiwee s breathing znne at peak periods and during jn Commission Judge Robert N. Burehmore rejected tms eight-hour workday and require that respirators be provided. junsdtcitonal defense, but on review- the full commission : i -,v. Iiv civ held Les Mares exempt and vacated :he citation with Rockwell contended that, by installing safety equipment, commissioner dissenting. Employee Godwin s appeal ar.d ti regularly maintaining and periodically checking that followed. equipment, it exercised reasonable diligence and did not The court, speaking ilirough Circuit Judge James M. know that cxro-vue and unhealthy amounts of asbestos Carter tirst tinted that Cunpre>*' use of the phrase "affect libers were in the breathing zone of Ihe grinding machine ing commerce indicates an intent to exercise its power operator The commission ruled that Rockwell had been over commerce to the maximum extent "Clearing land is an ilih.ent by retaining an independent laboratory to test the at- integral part of the manufacturing of wine, and therefore mn>phcre in the plant for airborne pollutants. In addition, commerce is affected by the activity." Judge Carter said the commission found that Ihe test results indicated that on llniitisnn r Eirmrj Mil FVId jI6>. a Fair Ijbor Standards all three tost dates, the company's exhaust system was func Act case, held Hint clearing brush for improvement of tioning property and the level of asbestos fibers in the air agricultural land could be regulated by Congress, he noted posed no health hazard. There was substantial evidence uf The fact that grapevines had not been planted is not signifi record supporting these findings, the court majority of Cir cuit Judge .\ntlMiny J. Cclcbrczzc and Senior Judge TTioinas F McAllister. Jr., found. _ The majority also refused to find a nonsertous yiolation'of cant. according to Carter. "Les Marcs act.vitv. taken together with land clearing by others, would surely atfect commerce if unsafe working conditions were utilized." he added, citing the 1975 Supreme Court ruling in Fru r the standard, citing the Ninth Cirruit Court s concl-Jsioirth.it L'mtcd S'lirrs i42I I'S 542. knowledge is an element of a nonsertous violation i2 OSIIC lstbi. C.S. District Judge James M. Burns joined in Judge Carter's opinion. Circuit Judge Waller Ely reluctantly" Circuit Judge Clcorgc Clifton Edwards. Jr. filed a dissent concurred, stating that "to me it is virtually unthinkable that ing opinion m wlncli he stated that the administrative lawr the Founding Fathers could have lorcscvn tne extern to judge and the* two commissioners who made up the commis which an increasingly expansive interpretation of the sion majority totally ignored much additional relevant evidence which the secretary offered jl the licartng. Accord Commerce Clause could so infringe local authorin'" However, the court s decision is com|>cllcd by precedent. ing t" the dissenting judge, the commission's total dis Elv conceded. regard uf employ ft- testimony was arbitrary, capricious, and This ruling will appear in a future Decisions supplement Casy-gl'* 197C Lr Tl><- .. ><uv tl NviivmvI A(I-j,ii Inc, FOS- 2558 ~G OCCUPATIONAL SAFETY 4 HEALTH REPORTER , , ,, I ]m!*u, >jnl ll-.'.ivw-r. in :ln* c..,.- - i wrv ; i '. I hm..::* *!' ilii ,.|i j iiij;lrcsl,.' 1.-f:::it ::1 . vc: * *^-11 \ ,1---il.l bv ^Lli* :n (iic Inf ri|*.uil mi .. ii.iimiiu i-Iv b.1'1- lit* v,id Tint, (>M! \ cnulil i . in i r,;i\itl iml.-iiwn iuf>>iu' U.ii CM.nvirr *- i me ,r i.iii' innifi.niv plant ..ml b.iM- lli.il cil.iMnn mi prior . n v m . mi. Aim !i m cun cti .it .inoilicr plan] r>i iliv .nne , n.,l. Pi i ".i ii.'iii, 'n, i.i,i 11 nf ihi- pl.ini unimi ly- rci rvH Inr I. I .'I ' a I it'll - I \; '..illlll Till* . i p(ll *1 II ll ,-|lr, UMI \ a i.;.i1111 In- -..id I ii i , ,inl In- nrupn.illv profit rol Itiv Imlni, pri.p<.,.il liul in -imli .ii'.' i! f-.ir:iii-r In- ,.ml ii i, '.in .iiliiiini,ii'.ili\i- nichl- .. i ni-i ihi- i!hcrin:;i wa, unable acn-v in- iik- mil :i,i ti,,,-i: :n ihi- cm ire mir.iniiu'v .it !In* next NAftlSIl i lint; 11 i-i.iliii-h' ,cl for N.n cnihi-r It nnd 15 in a .,,,|ni,,ll () f YEP U udait TI.cic mil !)C .i .Vilnnuil E:nplia,i, IVi-graiii. ' Hriice !! Hi iiinniii!. .i"i,|.ii:i ilircctur uf the program. ilerlared in in, iipui'i to \ K'UNll Ttnmmv; lur >nmc suO area ii...... M..;c ,i:pc:-i,i-fj. ,;.iic .ii:.; S.cii-*n "n*i I' conti l-1 .1 .mil ,i.iio plans officer, .m l mnnitnrs was >i "i -liili.il ic g-.-l umlcniav on September If he soul. I.-. pii|i.irni;- lo l.iuncn \E!\ llillcnbrtincl -aid OsIlA has .i -:::::nl ..iI Itof.iicl, in llic fojmirv u:o :>try and lus i..*..:icii n.itn as ,i-i:--u, or non,ci ii'ii, Kgr cdJMional .....i .me to toinpli.i.-.cc oftivcr*. u.-illA ha* suggested ... .m iiH-: 1 niici fur me vkiL turns as -.wll u.-ui t.o pi-recm of *.he toumlrits urgvivti or The NEP cfimt ore -m.nl in sue. Ilillcnbrand noicd. and OSHA titn.-n/c- 'fi.il abatement tunes lor iln->c foundries may it...i Ic he lotteer lur ,nnie violation, ih.ui the abatement pi ri.nl pi it. it to larger foundries. OSHA util be seeking i-r .ini.ci mg ti.mrul of harards but it admits that these -.vtll m.t ..lu.a, he economically feasible. "We arc compromising on compliance." Ititleiibrand concluded. Otntr auiinm ft .tlii-r iunness NACOSH Chairman Roger Wingate, m M.-.a.il Insurance L'orr.pany. combined the policy -m.' iiiidcel auhcroups into one unit chaired by John J. Si.ccli.in." kgi-m.iive- director. L'mted Steelworkers. Other tn: la of ilie new policy and budget subgroup are: Miles iell tluminum Company of America: George H. R. T-.iinr. aKL-LTO Standing Committee on occupational safe- r.il hi.ilth. Kugent- Kuvvmklo. Tennessee Cummissiuncr I rublu Health, and attorney Barry C. Brown. r,.lurll was named chairman nf the standards subgroup. (i'V.it itiiinbers are Sheehan. Deck. Mari' Amdur. Harvard I .:uor,iiv Uepartniem uf Physiology, and Ralph J Vernon. Ti ia, A .v M I ntlenity Department ol Industrial Engineerin; The compliance subgniup will be headed bv Deck. Other i11ri*rs are Taylor. Imbus. Paul Kotin. Johns-Manville t i i .ir.itiun. and Nicholas Ashford. Massachusetts Institute ol rechniilogy. Center fur Policy Alternatives. Generti Policy 0 BRECHT SAYS BUSINESS COMMUNITY OEAUNG "POORLY" WITH OVERREGULATION The problem of the bu$inccommunily is not unnecessary legislation, but "misdirceied efforts to cure legitimate wrongs." Richard O'Brecht, director of labor law. U.S. r::..i;.`..r nf t'.-nmerce. told the Ajbi->-.,i lr!,-rm ,'.:r 1 f--.- ;a..-i:i :iri i rnmen: cor.fe.-i-fe ;.i v...sr.ir^-.on U C r.e:d i vptcv.hcr -j arm to Tnr liu.ificii c- mrnuniiv ij f,i m, "overrerulatinn bv the 111eufMi onal Saltly and He.ilth Admin,ir*i:nn and other acenties because uf its un failing,' he said cit.ng -.he neti*,-iii f--r pl.n ine Hie problem m pcr-peclne ' O Urecht uniipa red Hie ,f<cijl pticnomi nun nf tiic l.-.ior moiemcnt In bti,inc,s problems with irc.i..lori .lei-ncies lie ,.inl -.lie lalxif muieiiunt began Secje,, of ..aoiiiia.iijic n.iiem; ni.-\lilin:i,. unii I'.'ie.ir olds bunt i.llid in : !;c mine, and norking 12-10 10 hour dais for si The mo-, crrcri wo, not accepted iinmctluielv bv otie'.v nr hu-ites' and ia> tjlIc-J a cunmiuni.'t ploy, he sanf The inoi.n.en-. tecmualle gained acceptance and. in loci, became me darling ot the press. 0 Brecht said, adding that labor brought to light genuine sucial abuses and the moi emcrit was placed in the rol of eorrivung those abuses. The success of the labor movement has leveled off. he ex plained. because "they are making up causes to go after." the purpose has been achieved, and the movement is becom ing excessive in its demands. lie compared (he growth of regulatory agencies, like OSII.V to the labor movement These became the fourth branch of the Government " and were pirktd up by Nadertype groups" and also became the darling ' of llic press. Now these agencies have become txces.M.c and. hopefully, will level off." he said. After placing the situation "in perspective. ' he emphasis ed that the business community is dealing unit the problems of overregulation "very poorly" at regulatory inception Business' approach is disunited, often on an industry-bv-in dustry basis, sometimes eumpany-by-company. he said The approach is "very seldom positive, or anticipatory." ana is reactionary and antagonistic. The worst problem is that business is not challenging tfle regulators enough in public forums to point up deficiencies, he said. Proper Approach Business should work with regulators, mid-lcvc! policy making bureaucrats, to provide iniormation needed, challenges should be made both in administrative hearings and in court to use rulings to "restrict ways tney can act" or maintain the status quo. he said. Business should predict or correct regulations before they become a "cause celebre." O'Brecht said the business community should identify the key person on any Senate committee in Congress with jurisdiction over a certain issue and concentrate on (hat Senate committee to make use of "the pinnacle of political clout" since these committees "have confirmation power." lOf*lo Standard OSHA still is considering inclusion of the ron.'truction in dustry in a revised standard for asbestos exposure. Grover Urenn. OSHA Office of Standard Development, told the ' group. The construction industry was excluded from the initial revision last fall due to time constraints. Wrcnn said. However. OSHA has not made a final determination to in clude the construction industry According to Wrenn. some 70 to 10 percent of all asbestos products are used in construc tion activities. The revised asbestos rule, proposed by OSHA in October 197S. would reduce (be permissible exposure limit lo an 'eight-hour time weighted average of O.S fibers per cubic eent.meter of air. Permissible exposure levels for (lie construet.n industry would remain at 10 fibers per cubic centimeter. Ocewppfipapl L Htal'h R*p#t*r PQS-00-0000001 w 2559 CLIENT REPORT 447 ..ct'-rjinc :.i the proposal i Current Hcpor: tViaber ? ;?T5 s :::i i-crn told ihc rortcrcncc ihal 'JS!IA rtfWN cor.: r.ii-icd unit the Research Triangle Institute to dt'flop alter:- Hues ,'v/f bundling asbestos in the c'n(ructiun ir.du<trv Tlic pro ject i> expected to last four to sis montftj he said Tetr iChloroelhvltn* MOSM RECOMMENDS CEILING LIMIT OP tOO PPM POR SUOSTANCE EXPOSURE \ rniin^ Ii:i:i| .if 100 [)arl> ;>t-r million. as determined hv j i-.utc sampling period was rttuir.ir.cmlwl fur oc- (u;jtiu!t.il exposure to letratliloroethylenc by ihe National Ir.. .'nit fur tVnipatmnal S.ifctv and Health 7i:c institute made us recommendations in a eri'cria du ^meni ijanintcd July 2 lo Hie Orcup-iiion.il Safotv and ilv.i:i!i \dinimstration 'Current Report. July 1. p. IR*i The NIOSIt recommendations appear m the Full Test seeiiun ol Hus Current lleport. Logging WORK PLACE STANOAROS RECOMMENCES BY INSTITUTE IN CRITERIA OOCUMENT Safety for losing should be prun-.nied through adherence to sale work practices, employee training, medical services, po-img of legging areas, and use of personal prwcctive ei|uiameni. according to recommendations by (he National In-:.iiiic for Occupational Safely ,<nd Health. MUSH made :i- reeummemlaiions for legging safety in a ernenj document submitted July 1 to the Occupational Safeiv and Health Administration i Current Report. Julv 8. p. I Sid. The N10SH recommendations appear in the Full Text seeHun of this Current Report. Arsenic ERRORS IN IMPACT STATEMENT CITEO BY INDUSTRY SPOKESMEN AT HEARING The Occupational Safely and Health Administration's inHam>n intpoci statement on us proposed inorganic arsenic standard seriously underestimates llic standard's possible rri.in.mic elfivl on industry, a (vamuf witness.-* for ASAHCti. Inc., told a hearing on the impact statement in Washington. D.C.. on September 13. Tlie impact statement, prepared for OSH A be Arthur Y..u:ig and Company, estimated that adoption of the propos ed standard would result in an impact of approximately 5273 milli-id m i -piljl cosi< and upprtjxuiialclv lifi million nj'anmi.il operating and maintenance cu.-ls iCurrent Heporv June 10 p J7i In addition, the statement estimated that employment would decline bv about 3.0u(! workers if the proposed ex po-ore limit of 0 004 milligrams were adopted. The number would increase lo 3.700 if ASARCOs plant in Tacoma. Wash . were forced to close. Hai indra M Nadkarni. Arthur D. Little. Inc., testifying on bciialf of ASAItf.'O. told the hearing that the ecunumctric iiusli l on wlncli*Artliur Young based Us findings contain-, err.umous axsimipliunx alxjui ASAHCO'n Tacoma operatum '*j- rt`rlO ,ir4-rnL' r:*..,rk^ H c -o !.*< I :r:.ii ) .t u*'i.4 is .a (<(;< f -iv.v sU*f ..r.1 t '--1 ..tit, r>. . .../ .. .,n v\}> ut!l j. .ini-f..iL v .,,rv .' v v:;.i lure r.ili- i* rvjp mj\iimim profits f.'t.m `.he p,:.* cl .rs. juv 'ri*\nlv f-r*#m this a"<iinpiion ihc m'p.tct Ctt mi f*it luili** lluu the *uciUf wftuhl t hme ' **?...c -J .vl*ul h.ttf tl* r.iitt) c.ipariiv j rc>uil nf tu>i of null tlx- DM I \ >i,.n*Urti In rc.kliiv .mV ^MK licr *..> :n c in v j i.tjVKilv lo iiiui;;mi.v c\ -.ml * -m., wiUt not be .Aik in rwm.r its hm. if ;i urri.AL i |'l111*11 in *U JM i t I Ml << Ils . ,1 ,\\ \:Um N'*mic ' i .1)1 .ii-tliMn"- .t:'" rr -.'u . 'v P.Mi'tll.l is ||,v- ntl|\ .(nil s' i ; hilt1 - HIMf.iii f't.il thvfC mfl1 n > > t * ...n-.t - M'lirrs, fHMH' mI aIikIi c.n .hrvi Hv f :tio ;*:'.l **^ jrMtiii*. \..lV^ini wj,,| j"luriMimil Umi 'Uv .ruj irurkti ui^*i oi ill r. .i whiih eji lmmmim .si^vnic ;uiil> ' *:;i .*ri\ \ ,ia i in u*n>iUeunc 'he uf mvvnnp '.In- J >(,.: :..rj ihc imfwiC't cmjniJcri onlv i.iinif .l.tch wiiuM mcrcu>e bv unlv Z percent Nudkjrni s.nd Ii fpnorcs\ unit lixeU cw>U. ulncii uni/ld mcrca>c ui perwm Tin* nupsicl Ni.tixtmm > oi the oriviMpU.smcru th. jl uh.M be jvn*r.i!cU bv jdn;iun uf (he >l.nd.ird ^uniiK.int imiirvcl imports. N..tJ'<.irMi Kur rx.-.'^pic. .m ;ir<n!uvli*'n rcMil'mj from .ulnphori of t!.t- ti. ud wm.iil aiicri intMi'!:ivs furniNhjnj \S'JICO wilh :n..'cr.i)s in u:r*i. !'us wiffvr<< < -Mp.*niCv >vppiv* me \IU*U $ iup;*l:cf> i(*<:>uripiuin Npcnc:*^ by liic iiiicnifiiuvod <l>o uuuhi hove jn cifvc*. on (he cvor*imv nn U>< "domino effect. i'M*) ui;c**piv iticiu riHMihnp ironi mJnpimn uf (he '(.mcUirC m*rc lucK be l;t.:0ci IO M hvih r.ithiT (hnn .1.700 j.n \i*lur \`*.ur..' cs- iiitt.iU.l. N.Mikjrnt >.iul IH6A T*ittmor Other Jcvere errors m input ' in the \rthur Vourj impact >(u(cmvni wvrcoicfl bv Knnwiion J C.ipl..n, pro>ukni J (*ndi*"!ri.tl ilf.ilili Kii^uicci mjf A>MK'tutcii. Inc C^pi-n ctmicued \rihur V*ui; > j^>jmpunns tiui * Currvn* cx,*x'iurvsi at \SAiiCO pUnii vxcrcd ihc cu.rcnt exposure limit uf d 5 nnUigranu of weenie in nunv tn* The use of "clr.in ruoms" in smellers would reduce ex* pxurt* in jrsenic. Kiyurcs Irum two viudies ume bv IHK.V .mother bv 0 B. 1-isiin i.iivs be comhmed lo piuuuv rvlubiv m (he Tueonu pl.mt s eoMs uf cum* operjimn Kv\n if the use uf ;n ecunomctnc m4i*l bv Arthur S ounf is .ippitiprwtc. r^ults ui ihc iip.8Cf 'ijicrncnf ire so ' hijjhlv in error 1 Hu( ihc only mvOuxl uf corievim': ihc>o rovuU> t> lo re ih> the entire u>k. C-pl.ifl suid Tacom* Warn \5.\HCO niiplu be forced 10 emisnlcr down its T.tmin Ninoilri if the pr'pu>ciJ >i.*nd.ird ^ .olepivd 0 Str.ju>s. csccuitve xiec prcsulvnt o( \i.\nC0. U*U the hwinnc. Kieh of AS VHCO ? facilities must "be judged on it? own to (imshlute .in economically viable unit." Str.iuss s^id Con tinuing the Tacoma operation when massive expenditures for omrols make ibis course of action unprofitable "t< con trary lo this vitally important policy." Alrradv. ASAllCO is faced with an expenditure of 590 million lur sulfur oxide emissions control, and 50 9 million lor arsenic emissiims control, for fulurc cx'mptiance with local fXiUutvun contrul repulahons. Strauss said. These CtyTi^ht k 1976 by TKc Kwu ( tac. fos--i7&a 2560 9S3 - --c; pruitrums invuimtg live >:.ti- -,`i 7:..- is [i:t;.ti-d to rest.iy jratvctwtv ; nut include ir.furmjtton un jU^-rptiun jauIIuw 'a. i.-.vt ttu.i. or the use wf head. eye. or skin pratvur-c .I.i.t: lt.e irtjrtul may be purchases) from (he National Tvinmc-i ::ifwrm..t;on Service. 52S5 Pori R.iyjl Hoad. \ r ~ufv-ld. Va 22'.Si tor fS 31 in [ijpvr copy or (ur S3 00 in ii,uryff','::s Orders should include the NTIS publication -.1 i:Lvr i'!! :'.3 05C CCA Puuhc.v.ens manufacturing chemists group REORGANIZES TECHNICAL PUBLICATIONS TV y...:ii:::.c:uf::t,' Clicnti-H Association announced a ri -...ni.'ation ol ns tcchttxal publications program io it-iieei current devclopnicnij in safety and hcallh including the su>reniu-n of circulation of some chemical safely daia h< ns Li.-.iiuc.il s-.teiv data sheets on styrene monomer 'SD-37) ,,::J t.l.inc SD-o3i erc withdrawn from rirctdation fora reus.an of first aid recommendations, and data sheets for f.t-nrene >0-21. carbon tetrachloride 'SD-31. and i ;.li.r/orm ED-S?1 were withdrawn to undergo major reMiiilhj The iisouittcn also announced a price increase for several technical publications AS of January t. 1977. chemical >...civ data sheets will cost S3.00 per copy, and Cargo Information Cards and Chcm-Cjrds will be priced at !.' 35 each further information on the association s publications may be obtained bv writing to the Manufacturing Chemists Association. 1825 Connecticut Aee.. N " Vashington. O.C. 30009. Publications NORTH CAROLINA EMPLOYERS' GUIOE IS AVAILABLE FROM INFORMATION SERVICE The "Occupational Health Program Guide for North Carolina Employers" is among currently available publications from the National Technical Information Ser ine of the Department of Commerce. Tl.c 2G-page guide outlines the scope and objectives of an occupaimnal health program, and gives attention to such fjrcts of a program aa job placement, health evaluations, rcc'ignuon of hazard*, evaluation of hazards, and control methods. A discussion of protective equipment ts included. a> are the most frequently tiled standards violations. Sum maries of OSH.a standards and registry numbers ol several curcinopertic substances are presented, and listings of oc cupational health services and information conclude the booklet. -- The document, which contains some illegible portions, is available for $1.00 in paper copy only from the National Technical Information Sen-ice, 32S3 Port Royal Road, Springfield. Va. 22161. Orders should include the NTIS publication number HRP-0005971/7CA. Radiation Exposura "Occupational Radiation Exposure at Light Water Cooled fewer Reactors, 1969^975" also is available from NTIS. The 25-pagc repprt is a compendium of occupational radia OCCUPATIONAL, SAFETY & HEALTH REROUTES tion cvf-.u-v ,,t cvti-.::-.c:r:..l power re.vtors r.-:ed O' w-.tir T! e ; cr. i i .ornl i> liom lC*'J9 through 3 2-75 The -I-.- ni.,y pt. i-lih-u-J iruin NTIS fur '.0 in c- sy or fur ; I Oil m microforms Orders jltuu.J mituuc tin NTIS ; t'.licancn nuitt.vr f'11 257 oil TCiA Alaska STATE STANDARDS APPROVED FOR SAWMILLS. PULPWOOD LOGGING Tic Occupational Safety and Health Admirtstrst-cn aopruved Alaska's safes*- and lic.iith standards for saumuis and pu'pwotxi logging on December 2!. Notice of the approval was published in the federal Register. Tie notice stated that the state standards were identical to the federal standards for wood production. with '.tie exceptions of grammatical improvements and Uw I 'OH3 I state original standards. The standards supplement and the approved state plan may be inspected and copied during normal business hours at the following locations: Office of the Regional .Administrator. OSH.A. Room 6041. federal Office Bldg.. 909 first Ave . Seattle. Mash 9*174 Si.ite of Alaska. Department of LaOor. Office of the Commissioner. Juneau. Alaska 99801 Technical Data Center, OSH.a. New Department of Labor Bldg.. Room N3620. 200 Constitution Ave.. N.W . Washington. D C. 20210. Virginie OSHA DISMISSES REJECTION PROCEEDINGS AGAINST STATE SAFETY AND HEALTH PLAN The Occupational Safety and Health Administration and the Virginia Commissioner of Labor and Industry' reached agreement that proceedings to reject Virginia's state oc cupational safety and health plan should be dismissed, and Administrative Law Judge Rhea M. Burrow granted the mo tion to dismiss on October 26. Virginia took steps to amend its proposed plan after OSHA announced ill intention to reject the state plan in 1974. The Assistant Secretary of Labor forOSHA approved the amend ed plan on September 26. 1976. Both parties moved for dismissal because the rejection proceedings were moot. The action was made official on December 28. SLIDE SHOW ON DANGERS OF ASBESTOS SOLO BY OIL. CHEMICAL AND ATOMIC WORKERS A portable slide-and-tape show on occupational use of asbestos and what workers can do to protect themselves is being sold by the Oil. Chemical, and Alomic Workers Union. The 30-minute, audiovisual presentation, "Asbestos: fighting a Killer." is for sale for SI2S. In it, workers, physicians, and union representatives describe the medical consequences of exposure to fibrous asbestos and explain the federal regulation designed to protect workers. Interested persons should write OCA W, 1126 16th St.. NW, Washington, D.C. 20036. Occveiinl Safely A Ir-iolth Rspertar FOS-O-00130176 2561 1032 OCCUPATIONAL SAFETY j, health REPORTER Cjiir.n::;: rrfusvv: in eun::tuni on the cases l.-.jiratior.s .re it i.i v'*urt if r.u-ct'sarv ratherth-h m..n- -"im.-iu-Julc sclllv.r.i-ni CjuIU cos! -.he (inn u! c-.ILir*. at curding in spukesnu-n from both the i "r^i^nv and die union \r. ti.'i'r: v. ji begun in September bv United Auto Pursers Lit ..I YT-1 to provide the first significant challenge under the Illinois workers c'lmpensutiwn law. which was changed m J.m ;y7j :o ,.:!uiv monetary .-.warn* for only partial hearing S.-rne '"ere is no ..'c.m'u micron in the law defining In .ii mg inji.nriicni ::.e .irbiir.itur niuM make a decision L'dM d on a p.-i jiti.i.n tcMimuny that the bearing loss is oc- t urjiiuiuill;- rcl.iied The un.un in Scpti-mbcr hind consultants who performed .n.di.iiiiei.'-.c tests on :t< workers frjin Caterpillar s plants in '.le-'U.le K.isl f\-ria. and its M.,plcton foundry More in.m u-j prritst nf those workers registered some nearing U " jno 10 erttpluyees t:,,d losses serious enough to cause ttn m to be i .n.iiefcd as e*.i-rk.:n^ m hazardous ' conditions, aec-rdic.g t.i U.e.c Law. union local chairman (or publicity ..no education The tc-ters referred lit workers for further medical ..Mention. Law said. Tlie esse.ntul pomi is whether the workers will get medical vf 'ii. n to ;..rprt their cl.oitis. aecerdtr.g to Albert Pro:bus. a euniiiiis.-ieii .11 bar..lor whu is scheduled to begin hearing Mi. c,,.-e> in March l...w st.id the untti.n offered to negotiate" a settlement with the r rt,-,:.n> v.hen the offer was refusvd. the workers fil.d toe c.zi.tis Caterpillar is invrcasinc nusc n-.tnitoring ..re wofeer p.-fittctinn measures, according to Law who cs- iim.ued that more than 75 percent of the eases came from the iuunhrv ht.llowir.g this change in the state law. the union began to i tactile' the members about their increased rights. Law r..-:irmcd If the arbitrator s settlement opinion is challenged by eiihc-r side, it may he reviewed by the Industrial Commission and ncniually appealed in court. ^Asbestos FORMER 30AT YARO WORKERS SOUGHT TO CHECK FOR POSSIBLE LUNG DISEASE C-ion leaders at the Electric Boat Division iEBi of General Dynamics in Grc-ivn. Cunn.. agreed to Stan an effort to locate termer viuplovees who may be suffering from ashi -105IS as a result uf past occupational exposure. Thu citort k`lluw'5 a study performed on 1.200 EB utipluyees bv the Ml. Stnat School of .Medicine which feiind approximately half the workers to be suffering from .ishvsiuvrelwicd lung abnormalities. A uiinpany spokesman, meanwhile, said EB was taking no lit iii'ii on the matter but would wait for the final report from In ms Svhk-off and a team of researchers from .Mi. Sinai. Ac- curding io the company spokesman. S. J.Wornom. the com- p..n> discontinued using asbestos for pjpe insulation in its ship building and subsiiiuied fiberglass in lale 1974. LH was eiled last September by the Occupational Safety and Health Admimstraliun for violation of the asbesios ex posure standard but contested the citation and was upheld in ns ..ppeal by Administrative Law Judge David Knight of Boston in December. Wumom said. The OSHA report said EB employees were removing asbestos insulation from pipes aboard a submarine without wearing Type C air respirators or special clothing providing body coverage. Official* o( the Metal Trades Council and other union organizations at EB. which commissioned the study by Mt. Sinai, were to meet lb pLn j rampaign of notifying :,.r-ni-r cit:;.:o.uv* at KM *t.- may hjio seen exposed to asbestos Ji-.U arcing them :0 get X-ray v-j Thure arc aor-roum:.:.. v !U ftni employ i-ei of the L'vncr..: Dmair.ic* shipbuilding divi sion at present, but the humour ol lurincr employees is UeliC'Cil to exceed luu OuO The resuit* .>( the medic.il tests were said to reflect work ing conditions nf the past, since those ;f>ivc by me Ml Smai team had an average of IS vears seniority mint of them working with or near asbestos Two years ago Local oJO of the pipefitters union protected flic use of asbestos an the ground* that a high number uf workers had died Toin asbestos-related diseases The company siicncd to a*mg fiberglass Combine Research Saoooil Recently. announcement w-as made by the JonnsMon.i.le Corporation and the lniemanonat asbesios workers onion that eaeli was contributing 9250 000 toward rescan h to :mu a cure for mesothelioma, occupationally caused cancer The research will be performed by Selikult ano ms statf ot Mt Sinai. The research is expected to get additional support from the National Insulation Manufacturers usnctniicn. the Nati. iial Cancer Institute, and the Xmcrican Cancer Society .Mesothelioma i* responsible (nr 7 percent of the deaths of a.xhc-sto? worker*, is attributed to exposure to asbestos in S5 percent of all eases, and thus far mvartabU proves fatal soon after dctei-imn hebkoff said He expressed hope of develop ing a means ol detecting the cancer early and treating it effectively NlOSH Recommends lowering Revising an earlier recommendation, the National Institute for Occupational Safety and Health in December said the asbestos exposure standard should be reduced to tOQ.OOQ fibers per cubic meter of air iCurrcni Report. December 23. p. 9211. NIOSH added that all evidence confirmed that asbestos in every torm is carcinogenic and should be replaced w-tih a substitute material whenever feasible. The recommendation io lower the exposure level from the present 2.300.000 fibers per cubic meter to 100.000 was made because mat it is the lowest concentration at which the substance can be monitored reliably. MOSH said. Heelth Hmrdt GROUP STUOIES ACRYLONITRILE MONOMER. RELEASES STATUS REPORT ON LAB WORK Acrylonitrile monomer iA.\). used in the manufacture of fiber, film, and other plastics, has caused weight lossand the growth of subcutaneous masses around the mammaries of laboratory rats, researchers told ihe Government. In a status report to several U S. agencies on a toxicity study of AN. the researchers for the Manufacturing Chemists Association said the rats received concentrations of zero, 35, 100. or 300 parts per million of AN m drinking water. "Administration of AN at Ihe two higher concentrations under the conditions of this study has significantly lowered body weight, produced pathologic changes in the gastric epithelium, increased the incidence of masses of the ear duel and produced proliferative lesions in the central nervous system of rats." the scientists stated. ' "The significance of the higher incidence of subcutaneous masses in the mammary region of the rats is less clear, and n. resolution will hare to await further progress of the study," they continued. Occwe*i*n*l Soltty A h.olih Reporter FQS-0-177 2562 N CURRENT REPORT T*- ; i-a -yejr study being conducted at me Dnw- Chemical l > \ evic'Megy resrjrrh laboratory i> arpro'.im.itclv half fir -r! Tlic status rrport on the liniiir.C' thus !*r was g iv en :j \ v Orruphtivin.il Safety and Health Ad.-iiinstriti./n, the s.-iinal Lnsniuic for Occupational Safety and Health, and fi.-.r ,:.V.r jgenciet. 7* c >tady is one of a lenei being funded by American Cta.'-inid Company, 3org-Warner Chemicals. E. I du Pont dr Nomtiurs i Company. Gulf Od Corporation. Monsanto C.-'"P..n>. Tennessee Eastman Company. I'NIROY.AL C.t.:,.pj Company. Vutron Corporation, and Dow Li.pation COURT UPHOLDS OSAHRC RULING. ASSESSES COSTS AGAINST EMPLOYER A fwlt-r.il appeal* court ordered an employer in pay costs i. -. .-r-.il by the i>\ernr.iwit tn opposing the employer's unii. i: vl..l appeal of a ruling of the Occupational Safely and H-.-.ii:!: Review Commission. T:.c l' S Court of Appeals for ihc Tlsird Circuit on n.'u- .- 8 denied without opinion the employer s petition re-.cw 'No To-1041' of the commissions decision in ( wv : tnn:nccrs Comirin inrs. Inc '3 USHC I6J61. The ::Mdetl Review Commission had held that workers who .re v .posed lo any amount of ascesto% must be given the .da*al examinations required hy.ISC'KH IV10 lOOl'j'. The court s order, issued four days after it heard oral ...-...-vent m ihe case, requires the petitioning employer to pa.- the Government jd3b to cove* the cost of the Government s brief t.-.other arnejl front the same contmiision ruling, filed by GaK Corporation the other employer in the consolidated rase, is pending before the District i f Columbia Circuit C. - No 76-10231 Litigation COURT REVERSES REVIEW COMMISSION. RULES FUEL TANK IS NOT SERVICE STATION A daO-gu!!on above-ground gasoline tank used for refueling fart: hit trucks at ah employer's petroleum refining plant is not a "service station." the U.S. Court of Appeals for the Seventh Circuit ruled December 27 m an unpublished order. The three-judge court s unanimous decision in Amoco Oil C'm':jmhi|/ c. OSAHRC (No. 76-12301 set aside a ruling of '.he Occupational Safety and Health Review Commission reported at S OSHC IMS. Amoco operates a refinery at Whiling, tnd.. at which employees use gasoline-powered fork lifts. To enable employees, cn a self-service basis, to refuel ihctr fork lifts. \:::oe*o maintains (he above-ground fuel tank. The tank is not v>cd by. or accessible lo. the public. Nevertheless, in the commission's opinion, the tank coestnuted a violation of th,e safety standard at 29 CER I9IO.I06.g>U Hum), .which re quires that liquids be stored in underground tanks noPexcording 60 gallons capacity. Subsection tgi pertains lo "service stations." Under the facts presented in this case, the court refused to hold that a solitary' tank located on the firm's premises and used only by Amoco's employees for (he company's purposes is a service station. Senior Circuit Judges John S. Hastings and Leonard P. Moore and Circui? Judge Robert A. Sprecher participated tn the decision. Coprr'9^f ? 1977 by Tb# '-333 Coil Mines IMPROVED PROFICIENCY EXAM IS AVAILABLE FOR READERS OF CHEST ROENTGENOGRAMS TIi c National Institute fur Occupational Safety and Health is offering physicians the opportunity to take an improved proficiency examination for those who regularly interpret chest roentgenograms for pneumoconiosis under theauthoritv of the Federal Coal Mine Health and Safety Act of '.969 n: EH 3030. January it. |ST7) Section 37 idol the Act provides '.hat onl> phvs;c:.tr.s who regularly read Chest roentgenograms and who save demonstrated proficiency m applying ihe iLO-U C I'jU International Classification of Hadiograqns uf the IT.ctimoconioscs shall be permitted to p:.:vc:patc m t.-.e program. The improved examination was developed for MOSH by T>* .Inhns Hopkins University, which auo will grade it MOSH said it is developing prupo-ed arr.cncmcnis to 12 CKH 1`art J* which are exfcctcd to require rccxuirmatior. of all Final or "8" readers, w hich is how the standard reicrs j those who take and pass the proficiency examination, using the improved examination. But MOSH now is offering physicians the opportunity to take the new examination prior to its being required by the regulations. MOSH said those w ho pass will be olaced on a list of inter preters of chest roentgenoerams who have successfully com pleted the examination The list wii! be made available to coal mine operators and others on recuest. Physicians who wish to participate should contact the Receiving Center Section of the Appalachian Laboratory (or Occupational Safety and Health. P O. Box 4258. Morgan town. W Va. 26505: tel. 13041 J59-7301. They should request a copy of the application form iCDC MOSH-Mi 2 I2> and a copy of the "Instructions to Accompany Roentgenograpr.ic Interpreter Proficiency Examination." The Receiving Center'will schedule the time and place for the examination, which. NIOSH stated, generally requires a working day to complete. Meetings PUBLIC HEARING SCHEOULEO TO CONSIDER AMENDMENTS TO STANOAROS FOR RESPIRATORS An informal public hearing on amendments to regulations concerning single-use gas and vapor chemical-cartridge respirators will be conducted February 14 by the National Institute for Occupational Safety and Health. The Mining Enforcement and Safety Administration and the Occupational Safety and Health Administration also will participate in the hearing, which begins at 9 30 a m. tn Cbnfcrence Room C of the Department of Health. Educa tion. and Welfare's Parklawn Building. 5600 Fishers Lane. Rockville. Md. MOSH and MESA determined a need for the hearing to gain additional information on the regulations proposed m October iCurrent Report October 21. p. 5931. They specifically want information on the following subjects. The proposed dciinition of "single-use respirator." T7e proposed performance requirements for the ap proval of single-use gas and vapor chemical-cartridge respirators. The proposed requirements for vinyl chloride chemical cartridge respirators. The proposed performance requirements for single-use vinyl chloride respirators. Nnnl l#%. FQS-00-0000001771 2563 CURRENT REPORT 93 3 M :z.-x-hi s.nd because health claim forms often are p-:v.'>cd by in employer, a comp.-ny is a*.ire of every n.v.a:i.wl problem belli u( :te cnip.o'ee and i-.cir lartmy nu::5crs. " Tlie information then it olten used 10 dis- er.mm.iitf against ihc cmploece. he added. According to Mazzoehi. information gathered by company medical departments. while available 10 wnoinci er the coin- ps.-.v wants, is denied :o the employee The collection of cpidriniological data on employees and its submission to trad-.- .."ci.v.:on* for -.ijics without ever telling tne .ilftt terl employ cc is another common practice in industry. I.e r ail Advisory Committtaef PRESIOENT FORD ISSUES EXECUTIVE OROER CONTINUING FEDERAL ADVISORY COUNCIL Pres..lent Gerald Ford issued executive Order 11948 on December 30 under authority m the Federal Advisory Comit nice Act. continuing ur.il December 31. 1978. the Federal Advisory Council on Occupational Safety and Health. The order also continued other advisory councils subject to future Presidential executive orders. FiCusH was created by Executive Order 11807 (Reference File. 7l.95dl> issued September 33. 1974. "'Attest os NIOSH RECOMMENDS REDUCTION OF LEVEL TO tOO.OOO FIBERS PER CUBIC METER Airborne asbestos exposure in the workplace should be limited to 100.000 i.bers per cubic mcier of air. the National Institute for Occupational Safety and Health said in recommending a reduction of the present effective exposure level. Tlie present permissible exposure level was cited in correctly in OSHR i Current Report. December 33. p. 9211. The previous permissible exposure level of five fibers per cubic centimeter became two fibers longer than five .T.icromeicrs per cubic centimeter of air on July 1. 1976. Review Commission SEATTLE. LOS ANGELES OFFICES CLOSEO: NEW OFFICE WILL OPEN IN SAN FRANCISCO Tlie Occupational Safely and Health Review Commission intends to dose its Los Angeles regional office by December 31. arcording to an announcement by Commission Chairman Frank R. Ilarnako. The Scatllc regional office was closed recently. Bamako explained that these offices are being closed because of the commission s decreasing case volume as the stite< hove increased their role m workplace safety an^ health, enforcement. The offices in regions nine and 10 were responsible for cases from Washington. Oregon. California. Nevada. Alaska, and Hawaii. Bamako is assigning two administrative law judges lo a new office in San Francisco that will serve maritime cases arising in Hawaii and along the coast from Alaska to Southern California because such cases remain under federal jurisdiction. The Review Commission now will have nine regional of fices located in /Manta. Boston. Chicago, Dallas. Denver, New York City. St. Louis. San Francisco, and Hyattsville. Md. Tone Sobtianeei Chemical industry institute to BUilO TOXICOLOGY LABORATORY The Chemical Industry Institute of Tutirolnev pl.-.ns to bopm m miiMIi77 Ihc construction ol a 57 200 icu-rc l-v.i laboratory in Research Triangle Pirn N C . to conduct testing, research, ino training programs The institute s goal is "to bee me one of the fast rebectcd s.vj produrtive tuxicnl'-gicai m-idutes n tre wnriil. prnviimg technical inforttution am; s.'.ta ,;>n v r-i policy nuki-rs ran base nur..l uensinns I.ron G'..lvrg CI!T prcMdvnt. said I'niil the budding is fmivhi-d. CUT -nil rarrv uut re-, irrn wurk in j 27 000 v.-juaie lout Idborwi.uv Um.ji.-.g in i'.ic un NC.. leased from Corning Class ttnrs These tv-p.-r.,ry facilities are not adequate (or conduct-.nc tang-term .r.r.a.alion studies. Golberg explained, but they i 1 allow CUT to begin research programs and short-term studies upon > :..m long-term work can be based The institute has long-term tests of ethylene and toluene under way at an independent testing lanoraiory jnd preliminary tests on aniline and dimirotolurnc are scheduled to begin soon. The new laboratory will contain animal testing ar.d handl ing areas as well as laboratories, administrative oll.ee con ference rooms, a library, and an information handling facili ty Air handing systems in the building will be zoned and some zones are designed lor off-hour slowdown or shutdown lo conserve energy whenever possible. Discharged air will comply with or exceed Environmental Protection agency standards, the institute said. General Policy STANOARDS INSTITUTE REQUESTS COMMENTS ON PROPOSED REQUIREMENTS Comments are invited by the American National Stan dards Institute (or its proposed standards (or the safety re quirements for abrasive wheels, industrial sewing machines and automated sewing systems. Comments must be sent by January 21 to the Board of Standards Review. American National Standards Institute. 1430 Broadway. New York. N Y. 10018. BSR B7.1-1970 coven the use. care, and protection of abrasive wheels, including safety guards, flanges, chucks, proper storage, handling, and mounting. Copies of the proposed standard may be ordered for $10 each from the Grinding Wheel Institute. Attn: Allen P. Wherry. 1230 Keith Building. Cleveland. Ohio 44113. Safety requirements for the design, construction, and use of industrial sewing machines and automated sewing systems ihat are specifically intended for use in industries producing sewn articles, such as the garment industry, are provided in BSR 8203.1. Single copies of the proposed stan dard are available fur $1.30 each from the Sew ing Machine Trade Association, Attn: C. A. Williams. Jr . 30 Rockefeller Plaza. 58th Floor. New York, N Y. 10020. Min* Safery BUREAU OF MINES TO ESTABLISH MINING RESEARCH CENTER IN ILLINOIS The Bureau of Mines of the Interior Department has taken the first step in the establishment of a major mining research center with the purchase of a two-and-one-half acre sue near Carbondale. 111. Copyr.fhr t 1976 by The B..mv ! Nllwnsl Aftc.ti, Inc. FQS-00-0000C0 i 772 2564 Cunr.EfiT REPORT wftvfv workers may hive Own exposed 10 the ef--ical ! v...,,i: ..;> i.kc to kO..* it We Uvpjriiuen: : lUvc- pv -.> u in vcrji.n.tidr. with Kl" u> ijv.nt.fv l >r.-\ -.v". ..a ; ---unite prisiuvvrx jmi pr"c>urs. whether or nol they iii.iri.. ! their prnduct in this country I .iin anxious tu hear what action vour Dcp-irtrncnt has 1 jUn :o deal will! the possibility ili.it tiiere exist many more .fur ,-.c'!iciJe poisonings such an Muse which have been . rouvitil to punlic jr.vn'.ion " ksoieonoj Study *-vie effects nf ieptophns were indicated to VcImcoI m I '/l twii ve.irv bvi'.'i e the company bvg.ui prudueliun nf the ; i -i.ii.iv .la'vrdv.p t.i a -'udy noted bv Lonercs.'inan David .Ivv . T!:i. >:iu!v. performed at Vilsuol's request by ;-.!u>::i.d IIiu-Tcvt L.il',,r-Mries. Inc . Northbrook. Ill . in- heated that toxic i ffeels were observed in liens given lep: pinik <ir..l!v vi\ tieia given '.he heaviest dose of the pesticide showed i :\-i is mjcIi as weakness, unsteadiness. and change of comb i .;ur mier a second duaC nf the substance. Four of the hens died wiilnn It d.ivs after the second dose. According to the Nationjl Institute for Occupational Safe- :v ..mi 11 lilt, leptnphus can inhibit the production of i r. .nr.e-'.et aac. a susatanee needed for proper transmission ni nerve impulses. Experiments also have shown that the ; o'tictde van cause destruction of shcjihr.g for nerve tissue, a.iusn '.las effec: "as not found in the teat eond.c'.cd by !.v j-:D.o-Test Laboratories l: the v...ioatiun> m the test are correct, "it is simplv ir- i ridible th.it after seeing the test result: Veisicul opened a ,.nrt literaflv had human beings si ovclling the |icsti- u.lc. Obey said. Mine Safety SUBCOMMITTEE REPORT FAULTS MESA IN SECONO MINE EXPLOSION \ House subcommittee report released December S i)l_mc* the deaths of a work crew in the second of two fatal c:.d mine explosions on a "fateful decision" made by of ficials of the Mining Enforcement and Safety Administra tion. A total oI :s men perished in separate explosions on March 9 ana March 11 o( this year at the Scotia Coal Mine near Own Kvirtt. Ky. Dluc Diamond Coal Company of Knoxville. Ti-nn.. is owner of the mute. In its report, the House Education and Labor subcom mittee on labor standards accused Scotia of ignoring the mme safety law in the first explosion, which killed 15 miners. It also charged that MESA sent a 13-man work crewtack into the mine two days later "without due regard (or ihe possible haoards involved." Congressman John H. Dent (D-Pat. subcommittee chair man. said in releasing the report tJjal "the Scotia tragedy^ presents the Congress with the most compelling reasons lor enacting legislation to transfer a II mine solely and health Rtfurcvnicni responsibilities out of the Interior Department and place them in the Department of Labor." The congressional report, based on interviews and ex amination of testimony and mine inspection reports, stated that Scutia had been ordered closed 110 times (or health and safety violations between 1370 and 1970. The great majority uf closure orders, however, were lilted the same day by MESA "thus havin a minimal ellect on production," the report said. Capy'.'fhi Z 1976 Wy TH* 3SS M.'.wgn ti.v' M-uryc of :hr ij.ni.an if ihe cv;..;.j*i remain* uhkt...n ihe ri-p-.r; root Uu >o r.,r., ,u j.',.-, * \ MI!.'t i.vuec'... :i.v i..v r.ifure :i.c first e\:.i-on lulled :u ir.clucy me urv,, of me nure where me u:ai oc curred A required prcsluft examination of the blast ares 2 Southeast mom. did r.ut tike place before two locomeuv es entered 2 Southeast mam The explosion occurred mmuics after the entrvof the locomotives, one of wpicn w as carry eg what vvss believed to be a faulty jparx-producmg am care, pressor A eh.anec in production off 2 Sou:beast na.r aiiau: a mnmn earlier violated ieoiia s approved vcnu.at.on ,-i-a and uiav have interrupted the ventilation sv:rm A methane g.as Jecder was oi-vvn :o exist r.-.-..- ..-e face of 2 Southeast mam Ventilation problems were discovered ..u'.-.-iv before the explosion and mine officials c ,e: a questionable practices m an ellort to cerrect' me -cnido- non problems." It also was found that six of the 15 miners died n suffocation after an equipment failure and probably cou.d have walked out of the mine after '.he explosion to save themselves. The subcommittee investigators heard testimony tlut no one. including the company's safety direc tor. could remember the last lime an evacuation driil bad been held at the mine. Deforc sending in the recovery team on March !!. MESA was aware of certain conditions at ;hc explosion sue. in- eluding a buildup of methane gas. ventilation problems, and ihe existence of the compressor winch turned on and otf automatically, the report said. "Vet the fateful decision was made with littleor ho thought given to these factors and me work crew was sent into the mine without any instructions as to the possible hazards involved." In the summary, the subcommittee investigators conclud ed that the explosions "had their roots m the past praciices of the Scotia Coal Company" and occurred "because MESA (ailed to effectively enforce the law." OSHA ACCUSEO OF "ILLEGALLYEXEMPTING TALC COMPANY FROM STANOARO A private citizens' group accused the Occupational Safety and Health Administration Dcccmoer tl of bowing to political and other pressures and illegally exempting a ma jor supplier of talc from the OSHA asbestos standard The Health Research Croup iHRGi charged in a 31-page report December 13 that the R.T. Vanderbilt Company of Norwalk. Conn., succeeded tn persuading OSHA to change us definition of asbestos libers so that u would not cover the talc mined by Vanderbilt in St. Lawrence Couniy. N V. The talc, which HflC said is composed of 70 percent of the mineral tremoliie. is used in paint and related products, ceramic tile, tile glare and flux, electrical insulators, and pottery. It also is found in home-repair products sold to con sumers. such as spackhng compound. The report was accompanied by letters from HRG to Assistant Labor Secretary Morton Corn and the heads ol ihe National Institute (or Occupational Solely and Health and the Consumer Product Safety Commission, urging them to correct what it calls "Vanderbilt s special arrangement." An official of the company. Allan Harvey, said he had nol seen the report, but he denied that any tremoliie distributed by Vanderbilt was the asbestos form. Haney told OSHH < Alfrs( lac. FOS-00--0000001773 2565 ns OCCUPATIONAL SAFETY & health REPORTER ircmolite was very rare and not found m Vanc.er- :..: > New York nnn Another asbvslOi i.cvl-.r.cr i mined t uved in packltng compound but H..ncy explained :-*v p-'.rkaces are faceted as cuntsi.-.-.r.g a-ticsios i.V S...J HIIC "must be taking me NtOSil at'.r.adc, ' and .. thi-v have their wii ikfinuiun and are alone of all ::.t u;i in defining what is and is not a.thestov ' lie said c other " groups " which did not cnnuder the Vanderbilt a> luniiuning asbestos were. :n addition to OSIIA. the ."-.."cu nf Mines the Mining {Enforcement and Safety Ad- -- nr and the Environmental Protection Agency The ilifCI .-I'uort contended that Curn s predecessor as '.i .J uf uSII a John Sier.dcr. allowed the company to avoid omnplv mth the standard by certifying "without rra-...::nc icicnitftc evidence ' that the laic is free of ..-t.w-:oi It contend-, further that V;ndt thill later influenced the age hi v to revise ns standard by field memorandum and r. - c tremoLte from the list of asbestos minerals HHG i...... l ;!:r process illegal." rant trought pressure on OSHA through five irvtvaers of Conercss and gave three of '.hem -- Senators James iiutsley iH NY> and Lowell V.'nekc-r iR-Conni and O-raressman Robert McE.ven iR-NYl -- campaign con- '.r-'aat.ens of 200 each from the company's president, the repar i s..d It a-Jdvd '.hat one former official at NIOSH objected to the .-"edw.'ir.ttien and the continued distribution of the talc without ..sPcttos warning but that nothing was said publicly MOSH *.:<? National bureau of Standards-v.ere Directed by Corn t.i ar.alvie the Vanderbilt talc. In inc mc_r.tirr.e. the report said, nearly 200 workers in Vanderbilt tr.mcs. an undetermined number of workers in plants which use Vanderbilt lair, and the public which buys prurtucis containing Vanderbilt talc are exposed to asbestos. p?H.\ is being urged by HRC lo rciraet its field memoran da.-.-. redefining the substance as nonasbesios. dis allow Vjnccrpili from certifying that ns talc is free of asbestos, warn manuiacturers of the possible dangers, and micstiaj'.e `.he personnel and (he procedures which allowed such an illegal scries of events 10 occur and persist for so b.ng " Mt-.hvl Patathion MOSH RECOMMENOS EXPOSURE LIMIT OF 0 2 MILLIGRAMS. OTHER MEASURES \n exposure limit should be established for methyl pjratt.iu.n of no more than 0.2 milligrams per cubic meter of .iir as a lime-weighted average for up to a 10-hour workday, to-nour workweek, according to ihc National Institute for L'ccapational Safety and Health. MOSH transmitted the recommendations on September :: to the Occupational Safety and Health Administration iL'jrrtm lU-port, October 7. p. 532j. The MOSH recommendations and (he first two appendices a; ; -. jr in the Full Text section of IhiY Current Report. Health Hazards CHEMICAL WORKERS INHALING FUMES SHOW HIGHER CANCER RISKS. STUDY SHOWS Inhaling fumes on the job can increase a chemical worker's chances of developing slomacn cancer by as much as 27 times and a lather worker's chances of getting bladdrr cant er 21 times. bivsi.it:Hici*ns at an upstate New York Cantwr i.-.iuiuiu found E.mpluvccj :n ihe leather industry also have gr,."3:er tluntcs uf devi-iuping cancer ol the larynx - 22 u.r.es ".".ore than averaf-.- -- from fume inhalation ihe jt..jy s.-.awrd Hcconls uf 12,?';'J male patients at tnc Hosweil Park Memorial Institute, a cancer cenur uf me New Vorx Department uf Health in Utiffjln were anjivn-J .'or cancer ty pc and paiieni s occupation T1h-> were cumpario with a control group of clerks whose work did rot expuve t-ii-m io >u-ncctod ranccr-producing' agents The study. Cancer Experience of Men iCxpcstd :o .'-.hala tion oi Chemical* or to Coti.busnon Products j.im-i .red data or. workers such as bus and taxi drivers mccn.mcs and kitchen employees exposed to smoke or end nc < -: ;,a5: Compared with workers who breathe c:.emici fumes me combusiiun-v.-.haust workers did r.ot show sig.-..:.c. hichcr risks of contracting cancer. Knrtco Vtadana. one of the study's author; mid Oif-iR me figures obtained in the study can be used as .1 first <":p "a search lor the causes" of the increased cancer occurrences in the industries surveyed. He said die findings hove been aim ed over to the National Institute for Occupational Safety and Hcalih. Seventeen forms of cancer were identified in the study, and relative risks were assigned to 13 occupations Otner statistical breakdowns covered employees over 50 years of age and under 60. and those wno were at their joos over five ears and under five years. The highest risk of stomach cancer. 27 times greater than average, was discovered in chemical workers over 60 who had been at their jobs at least five years, tt'orkers of all ages at the job less than five years had four times the risk of get ting stomach cancer. Other cancer risk findings: Larynx. 3.2 among barbers *60 -- .5->. 6 8 among chemical workers (-60.S-I, 22 among learner workers (60*.51. Stomach: 27 among chemical w-orkers i60-.5->, tl (CO-.J-i; 12 among painters 160* J->. 12'60- S-i Mouth and pharynx: 18 among leather workers .60-. 5-). 8 i60-i-i. Bladder. 21 among leather workers <60-.a-1. 9 2 i60*.J*i. Among occupations involving inhalation of combustion products, it was found that a 2.3 risk of cancer of the mouth and pharynx existed among bus. taxi, and truck drivers ox er 60 with less than five years at ihe job. I 9 risk over SO with more than five years, and 2.2 risk of cancer of the prostate among mechanics and repairmen over 60 mth !<* than live years. Health Haiaidi LEUKEMIA. LUNG CANCER ARE HIGHER AMONG ALUMINUM SMELTER WORKERS \\ orkers at aluminum primary smellers arc more prune lo leukemia, moior vehicle accidents, lung cancer and certain types of hypertensive disease, according io initial findings of a health study of The Aluminum Association. The association said the study was based on 23.000 workers, which includes virtually all those in ihe I'niicd Slates employed ai least five years in an aluminum smeller that had been in operation for at least 20 years during ihe periud 1946-1973. The study also found that (he workers are less prone to a number of specific diseases than the general population. Occwt*9*#l SUtf & R*prtr r FOS-00-0002 1 "77 A 2566 CURRENT REPORT 1109 General Policy CALlFANO SWORN IN AS MEW SECRETARY. SENATE APPROVES MARSHALL'S NOMINATION Joseph Califano was sworn in as Secretary of llcaitn, Esucii.on. and Welfare on January 2a llis nomination was cc .-.firmed by the Senate January- H by * vote of 93 to one. J'.-ator fiiio Packweod R-Orei. citing Califano't profess ed -i.-md against abortion, east the dissenting vote President C..r:er s iiuirnnve for Secretary of Libor K Hjv M.irslu!l. wa> approved Jjnuarv 2S by the Senate by a wile of 73 to 20 iCurrent Report January 20. p li'TSi lioth Califano ami Marshall altlio-iph they nad not been e.vcrn in as Cabinet members, attended Carter s first Castnct meeting January 24 Gtnoril Policy MARSHALL AGREES WITH INTENT Of RIOER . ON MONEY SILL LIMITING OSHA ENFORCEMENT Newly confirmed Vi-vrei.irv of L.hur F f!av Marshall told the Sor~v: Libor and Public Welfare Committee he ts in "basic agreement with me intent of the rider that limits Occuoatioral Sofctv and Health Administration enforcement efforts to larger farms." fie referred to the prohibition of inspections on farms with 10 or fewer employees attached to the fiscal 1977 a^ propriotions bill applicable to OSHA. Marshall stated his view son various issues in answers to written questions from the committee. He stated concern for the apparent lack of confidence in OSHA by `many client groups." and said that if he were con firmed. he would undertake a "comprehensive review of the operations" of the agency in order to isolate the main problems with the agency and the sources of those problems. The National Institute for Occupational Safety and Health must somehow be made more responsive to the legitimate dais reeds of OSHA. he said. Also. Marshall noted, although economic analysis can assist in OSlIA's decisionmaking, such analysis should not beallowed to cause extensive delays in standards. He said be plans to investigate reasons for these problems and "act quickly to ameliorate them." Marshall stated that there has been a relative mtsallocanon of resources within OSHA away from health standards and toward safety standards. "One of the apparent reasons for this problem has been the difficulty the agency has ex perienced in recruiting and keeping trained specialists in the field of industrial health. I hope to effect some reallocations of the agency's resources toward standard setting and en forcement in the health area, without compromising impor tant elements of the standard setting and enforcement m the safety area." he said. He stated also that OSHA must have the right to make un announced site visits in order to carry- out effective enforce' ment of its standards, and added he would consider further ihe matter of filing an amicus eunae brief in the appeal of the Idaho court ruling prohibiting inspections under OSHA. Marshall said he supported generally the recommen dations of the National Commission on State Workmen's Compensation laws which identified 19 essential standards for state programs. "It seems to me essential that we set such minimum standards (or state programs, while leaving the general responsibility for administering the programs at the state level," le said. "The issue of coverage for oc cupational disease is somewhat more difficult, as we have discovered in -.ho ul iry.rj :o sc: oceur-*:.sr.ai hc:...r i! thri-.jjh l'SHA The ,-i vn-w I plan io.-;e*'.a> e;:n rosier: !J `iSilA siamLr-l K'-.ir.;: mu;. pruv-.ac sa.ue ms.^v.s mti how otcuputiu.-.a: dive.i-c siar.da.-ds can oc sc. elfcctne- ly (or workers C'Mi-.prrs.n.on programs " Enforcement OSHA ISSUES NOVEMBER FIGURES ON JOB SAFETY. HEALTH INSPECTIONS The Occupational Saltiy and UeiLh \c--:-:s:ra'.ion in spects! 4.2'.'2 est.-.hlisltmcnu during Vowcix* UTJ ..rari ini; lo the Labor Department. OSHA officials said that, as a result of the i.-.sr.cciior.v ire agency issued 3.303 citations alleging 1C 844 viola:.:rs ot .ob safety and health standards. Proposed penalties (or incsc violations totaled J332.310. From its inception on April 28. 1971. OSif.V .has conducted 352.443 inspections resulting in the issuance of 257::: citations alleging 1.328.391 violations, fur which penalties of 537,384.402 were proposed. A clurt showing November inspection activity and cumulative data appears in ihe Full Text sect.on o( this Current Report. GOVERNMENT STUOIES ON TALC QUESTION. INCLUOING NBS REPORT. ARE ON SCHEDULE Government studies bearing on a controversy over asbestos between the Occupational Safety and Health Ad ministration and an industrial talc firm are proceeding on schedule, and one of ihgm should be compicicd within two weeks. John Dement, assistant chief, industrial hygiene secuonof the National Institute for Occupational Safety and Health, said a final report of an environmental study should be ready to present to the R.T. Vanderbilt Companv and the United Steelworkers in two weeks. A companion effort by NIOSH on mortality and morbidity among laic mine workers also is nearing completion, he said. In addition, an analysis by tbe National Bureau of Stan dards of 10 tile samples from. Vanderbilt and other talc producers and users, commissioned by OSHA. is "on time" and should be finished in March, according to Cary Gravatt. deputy chief, analytical chemistry* division of the bureau. OSHA requested NBS to determine the asbestos content of the talc samples last fall. A dispute had arisen involving Vanderbilt's talc, with the company maintaining that it is free of asbestos, and officials at NIOSH arguing that miners and millers at Vanderbilt are exposed to excess asbestos levels (Current Report. December 23. 1976. p. 9201. A Ralph Nader organization, the Health Research Group, said in a report in December that OSHA had exempted Vanderbilt illegally from the asbestos standard by permit ting the company to certify its product as asbestos-free Dement said the final environmental report "fills in some super-analytical data" to complete an earlier industrial hygiene survey done by NIOSH and released in May. He said the added data do not change the conclusion of the earlier study, which was that "excessive asbestos exposure" exists in Vanderbilt's No. 1 mine in SL Lawrence County. N.Y. The mortality phase of the NIOSH project. Dement ex plained. is intended to examine mortality patterns to deter mine if there is an excess number of deaths due to Csor"ht C 1977 W? Th B.ifow ( Niinal Aff*i, Inc. FOS-0"*775 2567 1110 OCCUPATIONAL SAFETY & HEALTH REPORTER re-piratcrv cancer. All data nave been canceled in that The seminars will be rvnduc'.cd or. :he rg qaies at n.uv. wh/ch covers 100 to 400 miners ar.d millers ar.d 75 ta the corn.?ponding locatiar.s 3i` nc added. Crjvuit said no and his staff at NGS will meet wit.n OSHA March t at tne N.nonul Mine llt.lth ar.d Safely Academy. Kvvklev. \t \'a rc\t weer. to discuss the format for reporting their rcxcarch March II at the Holiday Inn-Airport. 5003 I0ih on :hc 80 tale samples. "We are to arbitrate the controver Avc.. North. Birmingham. Ala. sy " Cravati said in describing the .National Bureau of Stan- March 15 at the Bureau of Mines Building. 4800 Forbes d-rds' role. "We are using the currently approved technique Ate.. Pittsburgh. Pa md -Ail| report the numbers. We will be more definitive in MarthEI at the Holiday Inn-Airport. 4040 Quebec Slvd . our report." thjn commercial labs and others which have Denver. Colo ar.-..>;ed .he talc and found differing results, he added. March 24 at the Holiday Inn-Norm 4:45 N L-ndbu.-gh Cravati confirmed that NBS officials had met with of Bridgeton lit. Louisi Mo. ficials fmn Vanderbilt to discuss the study "We insist that Persons who wish to intend a seminar should not.fv the Hut s the way wc work. We arenota regulator." he said. "It Mining *vnforccmcni and Safctv Administration Tcthmcai is our fix.-ng tfait ale best way to and out things is :t> talk to as nuny people as possible." He added that discussions also Support. :::0 S. Kuiuuha St. Scck.tv '.V Vi telephone i304 i 255-l5ei. were held null persons from other companies as well as representatives from tne Mining Enforcement ar.d Safely Administration. Bureau of Manes, and the Environmental Prwecuon Agency. Coke Ovon Emiisiont Allan Harvey, mjnagcr of feehnologv development at W.iiderbilt. said ihc company wanted "to make sure they sought competent technical help" in reporting the contents HEALTH PROGRAMS OIRECTOR WARNS STANOARO WILL BE VIGOROUSLY ENFORCED of ;hc samples. "The problem with NIOSH or OSIU is a refusal to consult with the experts." Harvey said. 1T.e company's posiuon. according to Harvey, is that a new method for defining an asbestos fiber should be designed to replace '.he current inadequate" mcihc-1. But he said OSHA "is not waiung for a definition of what is an asbestos fiber and is going right .head with an inadequate mutlioduiugy on fibers." TORONTO. Ont. -- i By an OSHR staff correspondent) -- The Occupational Safely and Health vimi.-.isirauon intends lo pursue "a vigorous course of enforcement' with its stan dard for workplace exposure ta colic oven emissions accor ding to Grover Wrenn. OSH As acting director of heaitn stan dards programs. Wrenn made his remarks January :o at the United Steelworkers of America's Fourth International Coke Oven Conference. tSee related articles in this issue.) Mine Safoty Six or seven of OSHa's industrial hygienists with the most oertence in coke oven inspections are being trained so dial MESA REINSTATES GnOUNO CHECKS: SCHEDULES FIVE TECHNICAL SEMINARS t.-.ey each may become the core of an inspection team of hygienists. Wrenn explained. OSHA. Wrenn said, will first inspect the 12 coke ovens in various areas of the nation that, The Department of Interior's Mining Enforcement and to the best of the agency's information, are in the worst con Safety Administration reinstated requirements for ground dition. check circuits for three-phase alternating current low- and These teams will be deployed fairly soon to conduct mcdium-voliage restsunce grounded circuits, according to "wall-to-wall" inspections. Wrenn noted. Ke added that an announcement on January 25 i42 FR <5501. these inspections, which will involve every aspect of the MESA also scheduled a senes of five technical seminars in OSHA standard, will take weeks to complete. He also said ordur to acquaint the coal mining industry with the that OSHA intends to followup abatement actions. availability, technology, and current state of the art of Wrenn emphasized that this is an "enormous undertaking ground chock monitoring. for OSHA," but the ageney must do this "to set the tone for The original requirement for the monitoring equipment the health standards to follow." was suspended on March 21.1971. due to the discovery that OSHA will not be able to enforce the four pans of the stan Uvhnology available at the time possibly could produce m- dard included in the intenm stay issued by the U S. Court of cendive arcing in the presence of methane, creating an ex- Appeals for the Third Circuit. Those parts involve monitor pluaion hazard. According to the announcement, the incen ing and measurement, respiratory protection, protective tive arcir.g problem baa been solved, and current equipment clothing, and hygiene faciliues iCurrent Report. January 20. will limit conductor enerjorto less-thaincendive levels. p. 1077). MESA announced that its inspection personnel would begin Wrenn expressed disappointment that the court granted issuing safeguard notices to coal mine operators not in com the stay, but said that it should not be interpreted "to mean pliance on April I. Notices of violation will be issued to that the standard is in trouble." He explained that the gran operators not in compliance by December 31, subject to ting of the stay motion does not affect the court's final deci- projected availability of the ground chVek circuits by their ' sion and that OSHA will be "vigorously challenging this ac manufacturers. tion." Tlic technical seminars scheduled by MESA will apprise OSHA knew that it would have lo defend the standard in coal mine operators of the availability of MES.A-approved court and it. therefore, pul together a record that would equipment and the stale of the an of ground check circuitry. make a strong case for the standard's defense. Wrenn ex The onc-day meetings will commence at 9 a m. and adjourn plained. The agency is willing to consider any administrative at S p m. Agenda topics include an appraisal of design action, according to Wrenn. if it can be shown that it has mis parameters, technical support evaluation and acceptance of understood any part of the record. Ihc circuitry, industry lest and evaluation programs,' Wrenn noted that OSHA is an agency for decisionmaking development probleru, manufacturers' presentations, and as such it is dependent upon outside parties to bring to it monitor test procedures, and panel discussion. - the information necessary to make an informed decision. Occwtinel Sfty 4 hvvlih FOS-O0-00O000l77b 2568 CURRENT REPORT M'S The f.':rcuil Court held that the Hevicu t'.irnmiivirn j u:p..;i.an ol Hie standards to Dochti-I w.i$ correct T-Mugs i.ic c -nr.inv s empiovues performed no construe.:.on *erw .-ire rc'pcniiplo (or me .-.dminutriiion and cooreina:ion :.!entire construction project Thus, according to the court. me corr.fo:i) was "encaged in construction worn ' wit'.m the meaning o( !J CKK 1910 ll'.ai o( the Act. The court also notuul ih.it administration of the construction <itv s -ofy program was among the company's managerial duties iiecause the company po*cscd this power to protect it? evS it dip not emne wittnn the AnninQ-Johnson cxc' .uisn (or t!io<. cttiplnyers at multi-employer construetmn Mins who are u.naoie to exercise any control over the i u'l..t.. e c.injitioni 7t:v undersigned opinion of the court, consisting of Circuit JuJ.vs Donald P Lay. Donald II. Hass, jnd W ilium II. Hi Osier, will appear in a future Decisions supplement. Nona RECORD EXTENDED TO FEBRUARY 28. MAY INCLUDE INTER-INOUSTRY STUOY RESULTS The O'-rupaiietijI Safety and Health Administration annuunred Jamury 24 that the public record on the hearing on the economic impact of the workplace noise standard will be reeri".id lor Itnuii-J comment from January Zl to Februarv :j. L.mated comment should be directed to the post hearing comments prepared by Bolt Bernnek and Newman. Inc., dufmdmg the consulting firm s economic analysis report on the ecst of the proposed workplace noise standard, accord ing to the OSHA announcement (Current Report. January :o. p noTSi. OSHA is "not speculating" on just when it will issue a final rule on the noise standard. Acting Assistant Secretary Bert ConcLIin told OSHR at the January 24 press briefing Grover Wrenn. director of the OSHA office of health standards, add ed that, from a legal standpoint, the agency can issue the standard any time after February 28. Wrer.n did not rule out that the extension o( time for com ments until February '8 mav open the door for submission of the results of the Inter-Industry Noise Study. Wrcnn said that, wiule the record officially is reopened only for "limned" comments, the agency would not refuse "any evidence" submitted prior to February 28. The Interindustry Noise Study Steering Committee recently asked outgoing Assistant Secretary Morton Com to hold the hearing record open until February 20 so that the study s results could be considered in rulemaking. Corn rcolied January 10 that the agency could not open the posthearing comment period specifically for that purpose. Steering Committee Chairman Raymond Verg told OSHR he docs not anticipate any difficulty in meeting a February 23 deadline. If the computer analyses continue at (lie present rate, the steering committee will know by February IS whether its data show a clear relationship between hearing' impairment and exposure to noise between 82-92 OBA. Verg Said. The last status report on (he study indicated that the final results will involve some 440 experimental noise-exposed subjects and some 2S6 control group subjects. Copies of the Boll Qeranek and Newman post-heanng com ments are available for inspection and copying (ram the Techni cal Data Center (Ducket No. OSHA-UA). Room N3620. OSHA, Department of Lab&, Third St. and Constitution Avei. N.W., Washington, D.C. 20210. / Aiocvros 1/ COMPANY may SO LONGER CERTIFY ITS TALC PRODUCTS ASBESTOS-FREE The Occupational Safety and Health Administration reversing a positiun tt took more than two years ifo. *n- nounccd January 28 that it has rescinded permission far -..re R T Vanderbilt Company to certify ihat its talc products were free of asbestos The action came in a litter in :.ie Norwalk. Cann , firm from former Assistant Scirei.iry Murian Cam on January 19 ("urn s (mat dav in uflu c Vanderbilt, one of the top two or three companies mining talc in the country, ror-vuied bv asking L.Scr Svc-c-ar? ' Hay Marshall Inedncel Corn s di-ci-mn w.-iuti me ra'irury said was based un "totally inronituxie ' canvidcratiuns The company had been given permission to use ns Sisc*e- tiun to certify talc products as .isUeMOs-irec in Ocisocr : ?r< by Conti prcdi-ic-sor, lormer Asi.slant Secretary Ju.-.n Slender. In addition to nullifying Slender s action. Corn sent a memorandum to OSHA regional administrators and area dui-clurs canceling Field Information Memorandum MM' which was issued November 21. 1974 elaborating on Slenders decision. Corn directed compliance officers lo evaluate fibrous trcmolvtic talc in accordance with CSKA's sampling data sheet fur asbestos and said Bulk samntes ol talc substances should be upturned. If laboratory tests indicate the presence of asbestos fibers in any amount, the cautiun labeling re quirement at 29 CFR 1910 t001ig)(2> should be enforced, the OSHA announcement said. The Health Research Group accused OSHA of illegallv exempting Vanderbilt from the asbestos standard by c;n- tmuing the policy initiated by Stcnder It asked in a December report that "Vanderbilt s special arrangement" be moved. - Reacting to the OSHA announcement. HRG staff associate Peter Greene called it "a disgrace that it took so long and look further medical evidence than OSHA already had." Greene added that HRG wanted the agency to request from Vanderbilt a list of its talc customers and lo notify the customers that the talc contains asbestos. "We think Vanderbilt has the responsibility to give OSHA the list." he said. Allan Harvey, a Vanderbilt official. saad the request to the new Labor Secretary asked for a decision from him within 30 days. At the end of that time the company would have to "conclude that we have exhausted all administrative resources." Harvey said there was a possibility then of seek ing "legal remedies." Vanderbilt has maintained throughout (he controversy over its trcmolvtic talc that the current method used by OSHA and the National Institute lor Occupational Safety and Health for determining the presence of asbestos in substances is inadequate and has called lor the development of new methodology Quoting from the company's letter to Marshall. Harvey said "no medical data by NIOSH can be relevant to wholly mincralogical questions, such as what constitutes an asbestos fiber." OSHA said the 1974 letter was rescinded on the basis of in formation received from NIOSH. which has been studying possible health hazards to Vanderbilt employees due (o ex posure to the company's laics. A final report has not been released, but OSHA said the in vestigation has found significant exposures to airborne dusts, including fibers, among the millers and miners. It also Copy**9ht C 1977 by Th 8u..ov ol Nefienel Affairs, Inc. FDS--1777 2569 112G occupational Safety & HEALTH REPOHTEB f'.t-'l :l.jt X .`a vs of workers demonstrated lung change? ,.nJ of former V,..i,jcrLilt 'mpl'm-vs who ,:;rj fr. " in-' .:..vr\ disease and lung cancers was ngnific.'-tty iTn'.ir :;._.n the number normally expected Enforcement IOAHO CASE BRINGS NO INCREASE IN NUMBER OP CHALLENGES. OSHA SAYS r.-lloui'U -i1' Iil.ilio fc.ki-il enurt s ruling .igjinul inspectu.nv Uv tl.c 0> cu;i.iiu>n.il S.'vtv and Health .IdniiiiisU ution. oifici.Js it the agency repurti-v! that an cvpevte-d rise in Hie number of employers resisting inspections never materializ ed \l first I ilmughl there would be an influx'" of employers who would refuse OSHA inspectors. Donald bl. MacKcnzic. acting director of field coordination, told OSilfl. "Uui there li.ish I been.'' MacKi.i/ie and others at OSilA said the expected rate of cmpiiwtrs "ho refuse entry -- a hoot two or three a week" -- has cor.timied the same during the past month. On December 20 the Li S. District Courl for Idaho in Dorfoie'I. I nr r t.M'i|/ enjoined the U.bor Department from conduct:o<l!.i inspections. L-.it a partial stay issued last week by Supreme C.urt Justice William H. ltchnqciet permits in spections vatiidc Idaho iC'urrcnt Report, January 17, p. 1 lu" i. A warrant is sought when an emplover refuses to Cepe-rate m an inspection. M.cKenzie said In those cases, we !t.>w been following ihc usual procedure if turning them over to the solicitor's office. They're usual!'' ready to open up by ihc time the solicitor s office calls them. ' MacKenzte explained. No inspections have been made in Idaho since the threejudge panel s ruling, and the 0S1IA Idaho staff "has been catching up on their paperwork." MacKcnzic said. "We will have to make a hard and fast decision on what to do with the office ' when a final court ruling is handed down on inspec tions in Idaho. V.acKcnne added, lie said he expected such a ruling within two weens. hi'.ivwhcre. "we are proceeding as usual" with inspec tions. MacKenzte said A communique was sent to field ofiices recently explamtna the meaning of Rehnquist's partial stay and instructing OallA stuff to continue as before, he said Mine Safety NOTICE PUBLISHED WITH PROPOSALS ANO CHANGES ON HEALTH. SAFETY a notice of proposed rulemaking with changes and ad ditions to mine health and safety standards was published January 73 by the Department of Interior. The notice revises existing standards and adds new dcfinmons. deletes, revises or makes mandatory some ad visory standards, and adds new mandatory standards. The proposed rulemaking covers ground control, fire prevention. * ventilation. loading, travclways. electricity, personal protection..and others. Written comments, including a request lor public hearing, are invited before March M. although those recommen dations proposed as mandatory standards by the Federal Metal and Xunmctallie Mine Safety Advisory Committee arenot subject to public hearing. The proposed rules a^l definitions were compared with corresponding standards and definitions of the Occupational Safety and Health Administration, accarcmg to -.be nonce .ind were dtvnad to provide Ml least the s,.i:'.c degree of health jnd safety protection to me individuals w*,ri.-.g m u-c metal and nunmvt.il mining industries ' as mose covered 3> ObllA m me general jr.d construction industries The nonce staled iliat ihe listed proposals w-tre designed primarily as performance standards, providing "certain definite requirements that delineate the responsibilities of the mine operator to protect mine werxers ' Tlic nonce continued The form and ptmoscatiy of me listed proposals are different fruin that u<-d to dwcos fill A standards. The listed proposals arc gvr.crailv shor: an-l concise siatcmerus that arc readily understandable by persons working tn Ihe inetal and nonmetal mining in dustries." The nonce of proposed rulemaking appears m m.e Full Text section of Hits Current Iteport. Goneral Policy AOVISORY GROUP DISCUSSES ORAFT POLICY ON CARCINOGENS. NO RECOMMENDATIONS A draft proposal by the Occupational Safely and Health Administration fur classifying and regulanng workplace car cinogens was discussed January 77 by ihc iL'.ndards subcom mittee of the .National Advisory Committee on Occupational Safety and Health, though no recommendations were made by the group. The proposal, announced by OSIIA on January 7s. would create three categories for chemicals in regard to OSHA rulemaking (Current Report. January 27, p. 1107). Substances would be classified as confirmed carcinogens tresulting in the issuance uf an emergency temporary stan dard followed within six months by a final standardi. suspected carcinogens, and substances for which more scientific data would be needed for final classification. If put into effect, the proposal would resolve broad policy questions in advance of rulemaking on specific substances. Rulemaking on individual substances then would be limned to such issues as the lowest feasible exposure level and en vironmental impact issues Subcommittee chairman Miles Colwell, vice president (or health and environment. Aluminum Compay of America, es timated that the group would require at least iwo sessions for discussion of the draft proposal. He told the meeting that he was at a "disadvantage" as he had received a copy of the lengthy draft proposal only a short time before the session began. Subgroup member Nicholas Ashford. MIT Center for Policy Alternatives, commended OSHA for "such a vigorous attempt" at developing a new carcinogen policy. He added, however, that he was "disturbed" by aspects of the draft proposal. These included- An underemphasis on mutagenicity tests as a criterion for categorizing substances under the system. Failure to include similarity between chemicals as another criterion. The "danger" of mandating the issuance of a permanent standard in a certain period of time following the issuance of a temporary standard. Such a goal might not be achievable, and could place "a noose around OSHA's neck." Jack Sheehan, legislative director, United Steelworkers of America, said he hoped that placing a substance within the third category would not give that substance a "nonsenous connotation." This could result in the matenal receiving "short shrift" in regard to rulemaking, though it might I-assess serious non-carcinogenic effects, he noted. Occweenenel Solely A r*eelfh Reporter FOS-00-00000O177B 2570 CURRENT REPORT 1193 Thu guides "Kvaluaiing Vuur Firm Ihjjry and !"r.cjs Eu.-urnf-ve. ` are available m separate editions Lr trar.spur- .1 and public utilities, scmec industries construction it:.!:.-rid. wholesale anti retail trade industries, and ir.jr.f..during industries The booklets provide an explanativ>n of the calculation of incidence rates and the method far cc i:-p.i.-:son of Out rale with prevailing rates in the same mc j>: -v T: o v::\ r:o.trt v-CTf. of Safety Engineers assisted m the ir.ua: "M.li.ng of ;se -.-acuures which may be obtained upon re-'.:c>i fruiti'the fl.iruau uf Labor Statistics. Department of t..ip.>r tv.ijiiiit.-t.n ni' :u2to Publications NtCSH RESEARCH REPORT STUOIES RELATIONSHIPS Of HEAT STRESS INDICES ' Relationships Between Several Prominent Heat Stress Indices a :osv.irrh report which presents a correlation of five environmental systems for measuring heal stress, is available from the National Institute for Occupational Safe ty and Health Tne measurement systems were studied for in terrelationships m order to pros ide an accurate tool for com parisons and measurements of heat stress. The study concentrated on .correlating the Corrected Effective Temperature 'CETi.thc Effective Teniperature Corrected for Radiation itTCR), the Wet Bulb Globe Temperature tWUGTi. the Wet Globe Temperature t WGT). and the Belding-llatch Heat Stress Index iHSI). The five techniques had all been utilized by various researchers tn measuring heat stress effects, and N'tOSH developed the eamparison methods in order to define acceptable heat stress levels more accurately Further information on the document may be obtained from ihe National Institute for Occupational Safety and Health. Robert A. Taft Laboratories. 4676 Columbia Parkway. Cincinnati, Ohio 45336. Inquiries should reference NTOall publication number 77-109. Alaska OSHA APPROVES STANDARD SUPPLEMENT TO REFLECT CHANGES IN STATE PLAN The Occupational Safety and Health Administration January 11 issued notice of approval of a supplement to the Alaska state plan reflecting changes in the plan to corres pond with federal standard changes. The first change included typographical and numbering alterations and the state's response to federal standard changes for mechanical powered punch presses. The second change consisted of numbering and typographical correc tions to the stale's General Safety Code. The third and final change included alterations to the state standard*, for helicopters, industrial slings, and vehicle mounted elevating and rotating work platforms, as well as typographical and numerical clarification. A copy of the standards supplement and the approved state plan may be obtained tor inspection and copying during nor mal business hours at the following locations: e Office of the Regional Administrator, Occupational Safety and Health Administration. Room 6003. Federal Of fice Bldg.. 909 |jrsi Ave., Seattle, Wish. 96174. - State of Alaska. Department of Labor, Office of the Commissioner. Juneau, Alaska 99801. Technical D^ta Center Cccu;a'..ara: Sa-'cty j.*a Hi. -.n A.lmmisliation N2-::o 300 CdnstiUtinn kie . N a Mashing tun U C 30310 Oitcnminetion DISCHARGED EMPLOYEE TO RECEIVE BACK PAV IN SETTLEMENT AGREEMENT An employee of Giant Refinery. Ine . Farmington, v .Vet. who w.i, aileunil-. discharged fnr curr.ru.ring aocu: un safe working eur.ditnjns. wiltreceivc backpay ur.uer a '.Ye meni acreerttv.-j reached by the Oceupai.c.-.ai L u-: Health .Admira.-trution and the employer The employee charged that he and other workers ere -s- qutred to wort, without personal protective equipment, .r an enclosed tank that contained a h:;h eor.ecmratibn of *t- plosive fumes, and that there had been an car:.er e\::cs :n leaving some I-beams hanging msiee. After re ;ra:es:ca :o the employer, he was discharged, the emaioyee claimed Under the settlement, the employ er agreed to payment of back pay (or the period the employee was without other in come. Reinstatement was not included because it haa not been requested The employer also agreed to post for 63 day s a nonce affirming the company t agreement to refrain (rom discrimination against workers (or exercising their rights under the Occupational Safety ana Health Act. Section ci of the Act prohibits such discrimination. Washington STATE STANOAROS APPROVES ^FOR ASBESTOS RECORDKEEPING The Occupational Safety and Health Administration an nounced approval of Washington state plan standards for asbestos recordkeeping and exposure records on February 1 in the Federal Register The standard was found to be identical to the federal stan dard 39 CFR 1910 1001ii)il). and was therefore approved. The standards supplement, along with the approved state ptan. may be obtained for inspection and copying during nor mal business huurs at the following locations: v OUice of the Regional Administrator. Occupational Safety and Health Administration. Room 6046 Federal Of fice Bldg.. 909 First Ave.. Seattle. Wash 96174 Department of Labor and Industries. General Ad ministration Bldg.. Olympia. Wash. S7504 Technical Data Center. Room NJiiPO. 200 Constitution Ave., N.W , Washington, D.C. 20310. South Carolina STATE REVISES PROCEDURES FOR ENFORCEMENT. CONTEST REVIEW The Occupational Safety and Health Administration an nounced approval of Suuth Carolina stale plan supplements regulating the enforcement of standards and the review of contested rases on February I. According to the approved supplements, an employer will receive a citation regardless of the employer's immediate abatement of the cited hazard. Employees may protest citations and proposed penalties under the supplements, and petitions for modification of abatement must include a stale- Cop?r<fht l 1977 by Tho of Nor.o*ol Affoett, Inc. FOS-aa-000000i779 2571 CURRENT REPORT from the complete lack of known engineering tv in major arras and sep.-nirux ->f t::c textile .i.,-. luring protrss. the institute said, more is no ja;:fn::.tinn. in the face 0/ strong nu-Jtcal Surveillance p.-'igr:.n:s and the use of work practices and personal protec tive i-<;:npmrnl. to require emplovcrs to expend vast sums tor research and technological iiitprovemenis in air cleaning vuu.rtnvni io bring dust levels muttn unnecessarily low ts " T!-.v Industrial Safety Equipment kssociauon expressed its objet'..on to the rri>:x><-d s exclusion of single-use dust revptraiors as protviuon against cotton dust T)ie croup call ed tl.v exclusion most unfortunate Since this type of re.-j.ir.itor is most suitable for respiratory protection of per>"hs exposed to cotton dust." The Council on V..,gc and Price Stability said it would like ip u;-?e.ir at the hearings and would lake a position that in* dusirx b>-industry standards may be less costly than un;:'e.-:n i:andards The National Knitwear Manufacturing Association. New Yurx City, reported that it has undertaken research, with preliminary results showing that dust levels can be ' substantially reduced to 0.2 mg. m2" in knitting operations by us.nj yams manufactured under ''controlled conditions. " The association Said tins "clean yarn" is not obtained w ithout extra cost but "our hope is to reduce the eventual impact on ;hc consumer to the lowest level possible while obwuuslv protecting employees." .Asbestos MEDICAL REQUIREMENTS TO BE CHANGED: DIRECTIVE TO FIELD OFFICES FORTHCOMING The Oc-cupanonal Safety and Health Administration will chance its policy on medical examinations for workers ex posed to asbestos to require examinations only when ex posure exceeds 0.1 fibers greater than five microns in length pvr cubic centimeter of air. The change was announced in a January 19 letter from former Assistant Labor Secretary Morton Com to George w likening, director of the environmental health and safety department. Bell Laboratories. Corn explained that the new policy "derives support from a recent recommendation from the National Institute for Occupational Safety and Health 1.MOSH1 that the permissible exposure level for airborne asbestos be fixed at this level" (Current Report. December 23. p. 921). At present. OSHA requires medical examinations for workers exposed to any concentration of asbestos fibers. Ac cording to an OSHA source, a directive on the new policy is being prepared and mil be transmitted to the field shortly. Responding to a question from Wilkening as to the applicability of the asbestos standard when asbestos concen trations in an office building consistently are lower than levels found in the outside air. Corn affirmed that "initial measurements of office building employee exposures to aic'borne asbestos are. we believe, required whenever' there is any reason to believe that airborne asbestos is present inside the building regardless of whether the levels present are lesa than those generally found in the normal outside en vironment." However. Com added, if an initial measurement shows the asbestos level to be lower than a level of two fibers per cubic centimeter of air, "then further sampling normally need not be performed unlit i|pre is reasonable cause to believe that Ihe airborne asbestos Cunrenirauor.x rcxcu.ed by :he im: jl .lu-d>urc!!:vnts haxe (.hanged Lead NO SIGNIFICANT ENVIRONMENTAL IMPACT FROM PROPOSED RULE PREDICTED BY OSHA The Occupational Safety and Health Administration t proposed Ic.nJ si.ind.ird will have no significant uncart un communities near establishments wncre lead is used or produced, according to j draft environmental impact state ment bv OSHA on the proposal The peopused standard, is.-ucd by OSH \ an Oc'.Pbcr 3. I?ia. would reduce Use permissible exposure Imui for IcuC to lOO-nncTugramt per cubic mvicr of air A p-jplic hearing an the proposal is scheduled to begin March 15 'Current Hcfwrt. January 6. p )K2i. OSHA noted that methods used by employers to comply with the standard may include ventilation and wcts'vccni.ng. Potentially, these methods could increase the amount of lead released by the establishment into the outside air and water However, impending regulation ol lead as an air pollutant by the Environmental Protection Agency probably will pre vent industrial lead emissions from affecting the environ ment significantly, the draft impact statement said \ "positive impact" of the OSll.A standard "would be better housekeeping and clean-up of machine and floor areas w iitim the plants in order to minimize exposures to workers " Currently, the quantity of waste water discharged from secondary smelters is small, the draft impact statement continued. Wet-sweeping of floors and the use of water as a dust suppressant m certain operations "is not expected ' 10 "have any significant impact on the water quality surroun ding the affected industries." Much solid waste generated in smelting can be recycled back into the process, the draft statement empnasized. Collection of residue, impurities, and scrap in solid form, with subsequent disposal according to EPa guidelines, "should ensure that no adverse impacts on the environment will result." The cost of complying with the proposed standard probably would be passed on to the consumer by the primary smelting industry, resulting m an estimated increase of two cents per pound in the price of lead. OSHA said. The agency estimated that capital costs for compliance would add up to S40I million, or S9SI million at the highest. Annual total compliance costs would be approximately $253 million, or S486 million at the highest. Some IT to 19 independent smelters could be eliminated over the next 33 years by the proposal, the draft impact statement predicted. This would amount to about 15 percent of the secondary market. As with primary smelters, an in crease of two cents per pound m the price of lead would allow "the more efficient integrated producers" amor.g secondary smellers 10 pass additional compliance costa on to the consumer. A number of marginal battery plants also might be eliminated if the proposal went into effect, the statement added. A reduction of between 1.025 and 1.5 million batteries produced by domestic manufacturers might occur, reducing the demand for pig lead by 12.000 to 19.000 short tons. Small regional nonferrous foundries and pigment manufacturers will find the proposed standard "difficult to finance." OSHA said. Tor that matter, the estimated capital required tor lead industry compliance 1 between $470 million Ceer'iphi c 1977 by The ef Ne*eel Afleiri, Inc. FOS-00-0000001730 2572 1238 srd SI 2 Mll.oni "could Scexceedingly difficult to raueover Me nc'i li-.e-vear period " E.-.r-.-y ri'nsurr.piion would be increased by between 312 rr.iiion grid bSI million kilowatt hours. Uie statement .'.poried Thu would translate into 473.000 to 1.032.000 barrels ul oil. or between 1.300 and 2.100 barrels of oil per djv OSHA predicted no impact on M> land use plans, policies. or rom.-uis. .2' >ht-r: term u^cs of the environment. or (3) 'tir...rec and c:wi.i::rv:iu-nl oi long-term productivity Lead OSHA SCHEDULES MORE HEARINGS ON LEAD IN ST. LOUIS. SAN FRANCISCO Two 'gien.il hearings on the proposed standard for workplace exposure to lead were scheduled bv the Occ.injuonal Safely and Health Administration in addition to the hearing scheduled previously The fit >t hearing, scheduled lor Washington. D.C. on Ma.-cn :i `Current Report, Januarv 6. p. 9T2i will be folloxvcd by urc in it. Louis. Mo . on April 2S. ant. one in San Franci>eo on May 3. In order to allowas many persons as possible to testify at Me regional hearings, presentations generally will be ..itv.tcn to 1: minutes. OSHA stated i42 Fix 1202ji Because of the brief duration of the regional hearings. OSHA reuuc:tt-'J interested persons who are ab'e to attend the Washington hearing to present their testimony in Washington. OSH a" mil make its presentation and be available for questioning only ,u the beginning ol the hearing in Washington In addition, the expert witnesses who have been asked by OSHA to testify are scheduled to appear in Washington only am persons wishing to participate in either of the informal rcgiuna. hearings should Me a notice of intention to appear, postmarked on or before Apnl tl. with Clarence Page. OSH A Office of Committee Management. Docket No. H-004. Room N3633. Department of Labor. Third Si. and Con stitution Ave.. N.W.. Washington. D C. 20210; telephone. 12021 323-3021. Such notices must contain the following information: The nearing location at which the person wishes to testify -- cither Bel Air Hilton. 333 Washington Ave.. St. I.nuis. Mo. 63102; or Holiday Inn. Golden Gate Way. Van Ness Ave pt California SL. San Francisco. Calif. 94103; Thu name, address, and telephone number of each per son to appear; The organisation, if any. which the person represents; Tlie issues that will be addressed and a brief statement ol the person's views: and Complete copies of any studies, scientific or economic Oulu, or any other documentary materials which the person xv HI be presenting for the record or discussion at the hearing. All persons giving advance notice-as outlined above wm" have time reserved for oral presentations. Persons who have not submitted advance notices and who wish to testify will be allowed to give oral presentations if time permits. Priority, however, will be given to those persons who have submitted nonces of appearance. All written submissions will become part of the record of the proceeding and will be available lor inspection and copy ing ai the OSHA Office of Committee Management. Any person who affcady has filed a notice of intention to jppear. or who intends to (He a timely notice of intention to OCCUPATIONAL SAFETY & HEALTH REPORTER appear at any of the hearing locations may as' upropruie questions ol any ether participant at uny ol the nca.-m; locations In audition. any person who has filed a notice of intention to uppeur in Washington. Put now wishes to mane a oriel presentation at unc ol ute regional hear.ngs instead, mav do so by notifvmg Clarence Page at the OSIIA Ot.'iec of Com mittee Management as soon as possible. OSHA slated Appropriations MESA SEEKS SUPPLEMENTAL FUNOS FOR INSPECTORS". SALARIES. HEllCOPTcaS The Interior Department s Mining Enforcement and Safe ly Administration requested a S1.IOU.OUO supplemental ap propriation for fiscal 19" for increased inspectors salary cu>ts and lor the use of helicopters m surface operations .nspoclions. Robert E. Barrett. MESA administrator, submitted a statement to the Senate subcommittee on apprspriauons Ior the Interior Department wmch called lor '300.000 for salaries ol inspectors and $300,000 Ior helicopter use The statement reflected MESA s desire to recruit mine in spectors from first line supervisory personnel in the in dustry. The normal entry level within me inspection work force is a CS-9 rating which pays $14,000 annually. Accord ing to the request, the average supervisory starting salary in the mining industry is i 13.000 to $22,000 annually Recent Civil Service Commission action enables MESA to offer skirt ing salaries ol $17,000. a more effective position for com petition with industry. Helicootert The appropriations request also included $300,000 for the use ol helicopters in surface mine inspections. The ad ministrator s statement indicated that MESA s msdeettett program is behind schedule due to the inability to schedule surface mine inspections effectively. By leasing helicopters in the eastern coal areas, the administration seeks to con duct inspections efficiently and to make additional inspec tions. The request maintains that greater efficiency and ad ditional inspections justify the increase in costs. Public Emoleyees AFL-CIO REPORT SUGGESTS CHANGING STATE PLAN RULES The AFL-CIO Public Employee Department suggested in a report entitled "Occupational Safety and Health: "A Promise Unfulfilled for Public Employees'" that Die Oc cupational Safety and Health Act be amended "to prohibit impicmenuiion of state plans which do not meet federal safety standards and enforcement practices applied to private industry." The report declared that "public employees are being denied the forceful protections of the Act which are provided workers in private industry." It notes that 23 states receive ledcral funds for state plans that include protection (or public employees and that several states have developed public sector safety and health regulations on their own in itiative. But OSHA. according to the AFL-CIO report, "permits state plans to operate (or three years without containing the specific guidelines in the federal law." Qccvetionl $fiy A Hlih 3 2573 3 CURRENT REPORT 1257 rat.. and hamsters in the .Maliom studv were expos ed :> various levels o' vir.vlid.nc chlorate through ir.halaiioi bvg.hmng with 10 parti per million parts oI air tor a? to or.c car. according to Hammond Kidney cancer developed in some of the mice at an exposure Icvci of 2a ppm bat did not appear m rats and hamsters, Hammond reported At lusher doses the mice died before getting cancer M..i;eni also expc'cvl mice for two years without ill effects u :0 ppm .! visvUdtnc chloride, which Perry Gchring of Dow said is more than the exposure level received by Dow employees working wtth the chemical now "If pc-pie were exposed tn kidney damage, it would have came out bv now it s obviously r.ot carcinogenic." Cchring. director of tcxicoi- gy research at Dow. said He explained that 125 employees. some of them with histones of exposure dating back to and levels up to 75 ppm of vmylidir.e chloride were studied and `the te'Sts have been negative, no health problems." Cchring emphasized that in Maltomi study no caneer appeared m the rats and hamsters, which, he said, agreed with results of a nearly finished Dow study that exposed rats to levels ef 25 ppm and 75 ppm of vmylidine chloride with no pathological or carcinogenic damage " \\ key factor is that the effect was seen only in mice. " Gohr- mg said although the Dour study docs not include exposure to mice. Gcltrmj said the company probably would wish to investigate the metabolism of vinyUdint chloride m mice. \sked about the possibility of vmylidine chloride leaching m-.o food from plastic wrap. Gehrir.g said testing, accurate to one-to-five parts per billion, showed a complete absence of the chemical m food packaged in plastic containing vir.ylidmc chloride. 'There is absolutely no hazard to the consumer." lie said. Rtcommtndtd Actions Selikoff. who is director of the Environmental Science Laboratory at Mt. Sinai, said the industry should take note of Maltom s findings and look for ways to reduce contjct by workers and consumers with the chemical. "I am strongly ernvi.necd that this will pruve possible." Selikoff said. To protect the worker he suggested the possibility of using closed systems in production and a ted past success with vinyl chloride. As for the use of plastic wrap containing vmyUdine chloride and the consumption of plastic-wrapped food, "the problem here lies with the residual monomer and whether it ic-jches into the food." Selikoff said. "Our experience with vinyl chloride is that this problem, too, can be solved." he added. Lawrence CarfinkeL assistant vice president of the \mcrican Cancer Society in \ew York, suggested that "the next step is to get the government representatives to follow through." Representatives who attended the medical con ference wtth Mallow. Hammond, Selikoff. and others includ ed officials from the National Institute for Occupational Safety and Health and the Occupational Safety and Health Administration. Roscoe M. Moore, technical evaluation chief. NIOSH. slid a full-scale epidemiological study to detect any excess mor tality among workers at a polymerization plant which at one time produced vmylidine chloride will be launched by NIOSH in about three months. The study at the BASF Wyandotte Corporation facility in South Kearny, N.J., was requested after preliminary in vestigations showed some liver changes in employees who worked wtth vinyliiftie chloride. The Maltoni research was sponsored by BASF. AG of West Germany, Dow Chemical Corporation s Europe division, l.rpenil Chemical l.-.l-.;rics of Creal Br-:j;n. Su.viv cl fit j.'i.n. a.ni the it.".....n Government. Diving Operations ARTHUR YOUNG ARGUES PROPOSAL WIU NOT AFFECT ENERGY SUPPLY The l imed St.iivs c-ergy supply -v.fI sot oe s;g" .r:cah:.'v allvC'.evJ hv any price increases m csmincmai jumg by Ihe Occupational Safely and He...:.': s proposed Standard for Hut industry, secure.c; ; i-.c post- hearing comments of Arthur Young and Cc.if.sanv Arthur Young and Company filed its comments-tsncr.se to criticism uf the milatiun impact assessment e. ;r;s..rid lt.r Obi IA on that agency s proposed sta'dard (or i-.mmcr- rial diving operations .Current Report. Febrj:.r> 17 5 i::oi. Info Works, a Louisiana consulting firm hires by '.he Association of Diving Contractors, said daring Obll.a s public hearing on the proposal in New Orleans. La . that prtee increases caused by the proposed standard s re quirements would affect the L S energy supply Commer cial divers are employed m the exploration and exploitation of off-shore energy supplies. Arthur Young stated that the demand for commercial diving is relatively inelastic, particularly m the energy supply sector ' The company argued that '.he user industries would not diminish thuir use of thu services as the price in creased." Undwair Wtidmg Chicago Bridge and Iron Company. Houston. Tex . declared "a strong objection" to any prohibition of AC un derwater vretding. The proposed standards do not include such a prohibition, but. according to this company, "interested parties are now proposing to prohibit AC welding underwater." Miller Electric Manufacturing Company. Appleton. Mass., also argued against prohibiting AC welding underwater The company s vice president wrote that "to infer that DC is safe and AC is lethal is a gross oversimplification. ' The company manufactures equipment used in AC underwater welding Shallow Waiar Diving Several companies submitted comments similar to the statement of Northwest Divers Supply. Inc.. Coos Bay. Ore., which said. "A* admitted by OSHA. compliance with the proposed safety standard will force some shallow water div ing companies out of business. Because of this we are asking that shallow water diving companies with less than 10 futlor pan time shallow water tless than 120 feel depth and 30 minutes ascent umei divers be excluded from the safety standard." OSHA has said that it expects to issue the final standard around mid-year 1977. The period for submitting post-hear ing comments closed February 25. Asbestos FIBERS MAY BE RELEASEO IN PROCESS OF EXFOLIATION OF VERMICULITE ORE Inspections of exfoliation processing of vcrmiculitc ore will include evaluating worker exposure to asbestos, the Oc cupational Safety and Health Administration said alter receiving data on asbestos content in (lie ore. Csavehr t 1977 Sr Th# B. vsv ( Ni,*l Alf,*t. In*. fT2S-00" 1^82 2574 1250 OCCUPATIONAL SAFETY & HEALTH REPORTER Kx.'ol.-i'.i'.n is a jrvvvfs which juSjocis vcrr.iculitc. * mu j. u> vtri.ng heat in order 10 separate u iniu min sheets, whiih is .i must u>c(ui form (or insulation other priwlJttS In a nv-murandom to regional administrator: and ores directors i- cOru.iry 10. OSHA reported receiving a siudy that soul jsIa-sios fibers hod been found in vcrmicultto ore. On February I. IS". ' the memorandum begin. "OSIIA recvxed the enclose 1 report xuirti indicates :f..v. u'bcstos filers haie been ik'tv.'.ed m simples of vern-.uuliie ore When wrmiiulitc is subjected to strong he.it in industrial pieie*>n:g. it exfi.i.-lcs or se|urptes into thin sheets It is suspected Hut .isbcsius fibers in.iv be releas'd by this pros rsS and Sc present in n fine dust mill the fin*! prmlucl The rr.siructions tomiRuetl " illhnugh the encl.sed study il'K*s not indicate the decree uf hazard since fiber counts w. *c not performed, the potential fur employee exposure to .I'beM.is he inferred Tliereforc. future inspections of ex- (<>li.iti.>n processing nl vcrmirutilc ore shall nclude bn evaluation of employee exposure lu asbestos fibers " The report was based oo preliimnary findings by in- vvsiicator A. Kohl, unit support from [lie llcaltf. llescarch Council, nohl found after sampling ore from an unidentified major (' S vermicuhte source ' the presence of trcmolite >r.d thrys.iitlc asbestos, although the amounts of die fiber ui-re not yet measured. The report >aid exfoliation to create the light-.v>cht ex- p..n.lvd fon-.t of vermiculr.t* could release the asbviioS libers m aasi sa ::,at "pntc.rially hazardous concentrations of .ishfMns may be contained in (he dusi produced by the essen tial stage of expansion In addition to insulation, vermicuhte is found in concrete, plaxier. and cement aggregates, soil conditioning: fertilizer t amer, and litter More than 300U00 tons were produced in t y71. the report noted, and the output has increased at the rale of i percent each year. The report recommended examining vermicuhte con sumer products as well as monitoring workplace conditions. It proposc-d that potting soils and Inter, in particular, be ex amined for asbestos since the products "can be expected to release respirable dust during use." The methods for analysis of asbestos, according to the report, .re X-rav diffraction in the step-scanning mode and electron microscopy. As part of analysis, the report propos ed freeing ehrvsotile and other asbestos fibers from the structural lasers of the vermicuhte through the use of ul trasonic energy. One recommended method was a sonificr ceil disrupter. Cotton Dust TYPOGRAPHICAL ERRORS CORRECTED IN COTTON OUST PROPOSEO RULE Corrections of typographical mistakes in the December 28 nonce of proposed rulemaking on cotton Bust exposure were published by the Occupational Safety and Health Administration. A list of 14 typographical corrections to the earlier notice appeared in the Federal Register February 25 (42 FR 11023), but there was no change in the date (March 4) for submitting comments on the proposal or notification of in tention to appear at the public hearings, still scheduled for Apnl S. The Full Text of the proposed standard and notice of hearing appeared in the OSHRWanuary 8, Current Report, on p. 1003. , Unions AFL CIO URGES PRESlOENT CARTER TO RESCINO INFLATIONARY IMPACT OROER Tlie AFL-CIO Executive Council urged President C.rter to rescind Executive Order ll(2t requiring in flationary impact statements fur all proposed regulations. In a separate statement on occupational safetx and health issued at Uie end of its winter meeting in Eai Maraour rla the council ejlled renewal (t;-.e Executive C.-der ax former President Gerald Ford a secretive, c-lcxi-nth-hour .iter?! to repay his business supporters in the election jno added the statements place "j cellar value on the lives of worsen and have blocked development uf occupational nea.ts stan dards." The text of ihe council's statement follows: "Tlie trade union movement fought long and pjrd for passage of a strong occupational safety and he.n'.h .a to stop the suffering and death in America $ workplaces, "c will not permit destruction of the Occupational Saftty and Health Act by right-wing zealots and empioyen who place profits ahead of human lives. "We find repugnant (he contention that an employer has a constitutional right to kill or maim workers Placing proper ly rights ahead of human rights is contrary to the spirit of America. "Since this enactment m 19*0. the Occupational Safety and Health Act has been the target of some :n Congress who seek to curry political favor with reactionary' business and right-wing groups. These political opportunists have repeatedly tried to emasculate or destroy OSHA through dis tortion. propaganda and lies. "The failure of (he past iwo administrations to properly administer and enforce the law has added fuel to the fire Inadequate budgets, short staffing, misordered priorities, sloppy procedures, poorly drafted regulations, unnecessary delays and attempts to politicize OSHA bave undermined the law's effectix-eness. "There has been no more persistent and consistent critic of the administration and enforcement of OSHA than the labor movement. Our aim. however, is to make a good law work through proper administration. "We are encouraged by President Carter's many statements of support for this law, and commend his recommendations that OSHA regulations be drafted in clear, understandable language. Nothingts more essential to public support of this law than understanding of what it is designed to do. "We urge President Carter to rescind Executive Order ] 1821. renewed by former President Ford in a secretive, eleventh-hour attempt to repay his business supporters in the election. This order, which requires so-called inflationary impact' statements on OSHA standards, places a dollar value on ihe lives of workers and has blocked development of occupational health standards. "We also urge him to require the Secretary of Labor to en'force the uccupational safety and health guidelines in Section 19 of the law for all federal government agencies. The government can and must set the example for private employers in the area of job safety and health. "The labor movement wilt continue its efforts in Congress for adequate funding and staffing (or OSHA and the Toxic Substances Control Act of 19*8. which is administered by the Environmental Protection Agency and will provide ad. ditional safeguards for workers exposed to toxic chemicals. "And we serve notice: The labor movement shall not rest until every American worker enjoys a safe and healthful 'workplace." OccvMkt'iil Safety A Hulik PQ2--00--000017S3 2575 c:-:z;.:.iV,AT*j,v.s'co., i,\c. P. 7. VANDc^SiLT CCVPAMY, INC. 30 wt<f:tL3 5Y*T riCSv.Ac^. CSs'.?.C.T ^*55 7 "j/<' April 1, 1977 3 * c. * > o o nc 5 Cjr Tel: Custemers Gan rlcmen: Th* Allowing publicity release Has been sent fa all industry trade journals: CSHA SAYS INSUFFICIENT EVIDENCE C? AS3E3TCS IN R.T. VANDE'.3ILT TALC, DISMISSES CASS. ATLANTA, March 25.-- The Department of Leber Has disnissed a citation brought by CSHA cccinst a customer of the R. T. Vanderbilt Ccmpcny, Inc., of Norwalk, Connscticur, in which it wes allogad that foie supplied by Vanderbilt confctncd csbestos. According to the request for dismissal prepared by OSHA, the Solicitor of Lobor, Ccrin Ann Clouts concluded that the chergo locked sufficient evidence to support the circticn. The Vanderbilt customer, a tile manufacturer in Florida, wes cited last August for violation of the CSHA Asbestos Stcndcrd despite the fact that the talc used in his tile farmuiction was certified by Vcnderbilt as being free of csbestos. The manufacturer contested the citation. As the cose progressed toward trial, it was disclosed that personnel in OSHA's Salt leke City laboratory hed, without the benefit of preliminary identification test, made the cssumption thef the `.'anderbilf talc contained tremolite csbestos. Subsequent government laboratory studies revealed OSHA had insufficient evidence to prove an asbestos violation. Upon review of thcoo fact:? the attorney for the Department cf Labor recommended dismissal of the citation. FOS-00-0000001704 2576 The c'isnisscl merged (he second time in o ro/ that CSHA he: withdrewn cn asbestos cUcccticn involving Vcr.dcrbilf tele. In cn ecrlier case in which OSHA cited a Vcndcrbilt customer, (he government cythsrity drepped oil chcrges (ha? the talc contained asbestos and agreed to a settlement citing the manufacturer for violcticn of a dust stendard. Commenting on the most recent dismissal of (he citation, Vanderbilt preside.nr, Hugh 5. Vc-ce" scia, "This is cn imoor*cnt decision. It directly effects the muitimillion-dollcr ce'cmic end paint industries end thousands of employees. V/e are, of course, very pleased with this `urn of everts. '' -2- 2577 2578 COUFIOEMTIAL T.R. ternardl F.S. E11 ton A.F. kar C.R. Uynham J. Horgan S. C. Yoon D.C. Woodbury Hay 17. 137C PropnscJ CShA Standard Chen the new proposed standard for occupational exposure to asbestos was ouollsheJ by CSHA, I asked Thames A. liozlch to conduct a confidential inquiry into Its Impact upon Wollaston!te. As you know, the proposed standard revision broadens the category of asbestos from the generic mineral to all naturally occurlng fibers with certain characterIstlcs. Attached you will find an updated stannary of this continuing confidential Inquiry. You will note that hr. bozlch believes Uollastonlte's viability as a raw material continues. O.b'/b Attach. cc: R.C. Phoenix A. Honey O.L. Adams D.E. Oryont V.J. Vondemark FOS-00-0000001707 2579