Document wDO0bOGOojq1ZZJ0zjKv7wZ3o

e uaa jrxrtMC t* h(Ckm*m (,t*IH(9 H Hffn*** PHIIAH M J MALCOLM O MACARlH^ MitHI V ItAC* <W CDVlCl LD*CD CaROlE C HARRIS HiCHICL f HOMDXC LARRf | IDLOMOM ^qhh a Duftcc* Cl kOi SHtHLET S ruJIMQTO MARI rOl (V(Mt L- H iaCDUI tAwMCNCI R **AlRRI or ROM** IHUH TMl* c dovqla* uarrctt EDWARD L.HQWWCn RCTER A >U|CR tHEILR A MILL** RUSSELL M ro* LEE H WCIMCR TlMOTMT *OWH ILCRC HIMOCL NCUER LAW OFFICES Keller and Heckman 1150 17" STREET, N. W. SUITE lOOO WASHINGTON, D- C- 30036 (203) 4371100 August 17, 1983 TCkECOriC* <eo>tss-tesi cWR'tCR S DIRECT DIAL HOUSES (202). 457-1116 R&S 140958 James W. Kachtick Tenneco Oil Processing and Marketing Polymers 4403 La Porte Road Post Office Box 849 Pasadena, Texas 77501-0849 Re: OSHA Labeling of PVC Dear Jim Following your request at the Manufacturing Practices Committee meeting on August 4, 1983, enclosed are copies of opinion letters from the Occupational Safety and Health Admini stration (OSHA) on the labeling of containers holding polyvinyl chloride (PVC) resin. As you are aware, the labeling of PVC containers is governed by 29 C.F.R. 1910.1017. It is our opinion that containers holding PVC resin need not carry the OSHA warning label when the handling, transport or further processing of PVC resin could not reasonably be expected to result in the exposure of workers to vinyl chloride above the action level of 0.5 parts per million (ppm) averaged over an 8hour work day. The remainder of the letter traces OSHA labeling regulations and related interpretations. Under OSHA regulations, containers of polyvinyl chloride must be labeled as follows: Polyvinyl Chloride (or other trade names) Contains Vinyl Chloride Vinyl Chloride is a Cancer-Suspect Agent James W. Kachtick August 17, 1983 Page 2 Keller and Heckman Section 1910.1017(1)(4). There have been few OSHA interpreta tions of the labeling requirements. One interpretation indi cates that blended polyvinyl chloride resins may use the following modified labeling. Blended Polyvinyl Chloride (PVC) Contains Trace Amounts (0.5 ppm) of Vinyl Chloride Vinyl Chloride is a Cancer-Suspect Agent OSHA letter of December 17, 1975 to R.N. Wheeler (copy attached). Although the regulatory language appears to be written in an absolute form, it is subject to the definitional sections. In particular, the term "polyvinyl chloride" does not include "fabricated products," which are exempt from the provisions of the vinyl chloride standard. The term "fabricated product" refers to one "which does not require further processing at temperatures, and for times, sufficient to cause mass melting of polyvinyl chloride resulting in the release of vinyl chloride." In the attached opinion letters, OSHA states that "release of vinyl chloride" means the release of an amount of vinyl chloride which would be likely to result in employee exposure at or above the action level without regard to the use of engineering controls. Thus, low residual monomer content resins, which would not release vinyl chloride in excess of the action level, would be exempt from labeling and further application of the regulation. Incidentally, the term "action level" is defined as a "concen tration of vinyl chloride of 0.5 ppm averaged over an eighthour workday." Section 1010.1017(b)(1). In support of the position we have expressed here con cerning the labeling requirements, OSHA has itself indicated that other provisions, such as training, are not applicable where the fabricating operations would not result in exposure to vinyl chloride above the action level. (See the enclosed copy of my letter of May 11, 1981 to J. Lawrence.) Therefore, if the PVC resin which you are shipping has a low residual vinyl chloride monomer level and will not result in exposure above the action level, the OSHA labeling regulations would not be applicable. R&S 140959 James H. Kachtick August 17/ 1983 Page 3 Keller and Heckman The OSHA regulation only refers to PVC "containers." It does not distinguish between railroad tank cars and othercontainers. Thus, the general position noted above applies to tank cars. The discussion at the August 4 meeting also touched on the use of labeling tags at the tank car access ports. The following passage from OSHA's compliance letter on the vinyl chloride standard is instructive and supports the use of such tags if needed. Signs and labels must be legible. They must also be informative and distinctive enought to alert and warn employees of the potential hazards. There are no requirements on the size, color, or type of lettering on labels; only that they are legible. The CSHO will keep in mind the intent and purpose of the label and/or sign (employee protection) when deter mining whether or not they are legi ble. He will make certain that nothing detracts from the required warning or the information and instructions necessary for assurance of the employee's well being. OSHA CPL 2-2.4, page 16, paragraph (31)(1)(a) (emphasis in original). I trust that this information will satisfy your request. Please contact me if you have any comments or questions. Cordially yours. Enclosures Peter L. de la Cruz cc: G.R. Munger (w/o encs.) R.T. Gottesman