Document wraXrQXbZknb84dYjLk8weYX3

BORDEN, INC. 960 XiNGSMILL PARKWAY. C0LUM8US. OH'O 13229 MARK A. GRUENWALD, C.I.H. manager PHOOUC SAFETY i TECHNICAL SERVICES August 3, 1987 ,p^0198' ^.OOTTLS^ Mr. Peter L. de la Cru z, Keller & Heckman 1150 Seventeenth Scree t , Washington, D.C. 200 36 Esquire N . W. RE: OSHA LABELING Dear Peter: Dr. Gottesman sugges ted I send to your attention the attached letter we received fro n OSHA concerning target organ effect labeling for PVC. In light of your ongoi ng discussions with OSHA concerning a clarification on the 1 abeling of PVC as a carcinogen under the Vinyl Chloride Standa rd and the Hazard Communication Standard, believe you might also want to address the issue raised in the attached letter at you r August 24 meeting with Frank White at OSHA. This appears to be a generic issue for the PVC industry a whole to address. I as In the interim, we pla t to contact the OSHA area office in Illinois to determine the basis for their "suggestion". T*7 o * ^ 1 H ^ O ^ ^ C ' ~ ^ ^ a subject. n' g n * ^ auo r\r Sincerely, Mark A. Gruenwald MAG:sIs:attachment cc: Dr. Gottesman SPI-01475 TELEPHONE ' 5'41 4 3 ' - u m > 0 TELEX 246-692 U.S. Department of Labor July 8, 1937 Occccaticnal Safety and Health Admin:st'ation 3U4 Sir.cke Tree Business Par:-: North Aurora, Illinois 6C5-1 (312) 396-3700 Borden Chemical Division Borden, Inc. 130 E. Broad Street Columbus, OH A3215 Attn: Mark Grenwald Dear Mr. Grenwald: Representatives of the Occui lational Safety and Health Administration (OSHA) recently visited the following company: ^ // i( The above mentioned company purchases the following chemical (s) from you: PVC Homopolymer At the time of the visit, 1, tbels on shipped containers of hazardous chemical(s) supplied by you r company were found to be deficient in the following areas: The label did not give a proper hazard warning to include the following: Respir, itory Irritation, Eye Irritation which is target organ md effect. You are required under OSHA s Hazard Communication Standard (29 CFR 1910.1200) or your State's right-to-know law to perform hazard determiations, label outgoing cont; tiners properly and provide copies of MSDS for all hazardous chemicals which you produce or import. A copy of the standard is provided fo : your reference. Please immediately send proi ler labels for the containers of hazardous cheraical(s) listed above to your customer. Thank you for your assistan :e. If you have any questions regarding this matter, please feel free to contact me at (312) 396-3700. Sincerely, Kenneth Yotz .AAi rrpeCoaa HiDmJ JiLirLrpewYwcCTtoiirLr / SPI-01476 bECE"'0 JUV. 1s ^ Tab S A Division ol The Society of he Plastics Industry, Inc. August 31, 1987 Roy T. Gottesman Executive Director M:morandum To File Re: Meeting With OSHA Conceri 1 ing Labeling of Vinyl Chloride Polymers and Copolymers - August 24, 1987 This file memorandum will re <ord the principle items discussed during a meeting held at the U.S. Depa vtment of Labor, Occupational Safety & Health Administration on August 24th. Participating in the meeting for OSHA were Frank A. White, Deputy Assistan|t Secretary, Tom Shepich, newly-named Director of Compliance Programs, and Divid Smith, Shepich's Deputy. Participating for the Vinyl Institute were Thomas G. Grumbles of Vista Chemical, and Peter de la Cruz of Keller and leckman. Discussion related to the follo/ing: 1. Labeling of Vinyl Chlorid; Polymers and Copolymers - In a May 12th letter to Peter de la C z, Frank White had indicated that labeling as per the definition in the OSHA Vinyl Chloride Standard (29 CFR 1910.1017) was required ior vinyl chloride polymers and copolymers that had never been mass melted or had only undergone mass-melting as in pellet production. He noted that additional labeling per the OSHA Hazard Communication Standard (29 CRF 1910.1200) did not apply to such products. We explored the possibility of an amendment to the Standard that not require labeling of PVC as regards to a cancer-suspect agent, on the Ethylene Oxide Stantfard. A trial balloon was floated in a new provision would be added to the Vinyl Chloride Standard on the Ethylene Oxide Sta idard in which the following section be added: would based which based would "This section does not a p >ly to the processing, use, or handling of vinyl chloride polymer or copolymer products where objective data are reasonably relied upon th at demonstrate that vinyl chloride polymer or copolymer is not capab e of releasing vinyl chloride in airborne concentrations at or above the action level, under the expected conditions of processing, use jr handling that would cause the greatest possible release." SPI-01477 Wayne Interchange Plaza II 155 Route 46 West Wayne, NJ 07470 (201) 890-9299 Memorandum To File Re: Meeting With OSHA - 8/24/87 Page Two Mr. White indicated that while such an amendment might be worthwhile considering, based on th current backlog at the Agency and higher priority items, it was un likely that such an amendment could be expected in a timeframe of less tha i 3-4 years. 2. Material Safety Data She ets - The application of 29 CRF 1910.1200, the OSHA Hazard Communicetion Standard to material safety data sheets was also discussed. It was pointed out even prior to the adoption of this OSHA Standard, mos: PVC producers were already supplying material safety data sheets (MSDS) on a voluntary basis. We pointed out that significant reductions in vinyl chloride monomer in PVC that have been made since the adoption of the OSHA Standard. Because of recent information from IARC that there is insufficient evidence to classify PVC as either an animal or human carcinogen and applying the criteria for whether a substance must be treated under the Hazard Communication Standard, we have concluded that PVC is not a hazardous material, and that the Hazard Communication Standard does not apply. Not only does the IARC information support this position, but it was indicated that sufficient monitoring inf >rmation exists to show that the levels of vinyl chloride emitted from PVC during processing are considerably below the action level. Mr. Grumbles discussed in detail a recent citation of one of Vista's customers, Greenwood Industries in Greenwood, Arkansas and a recent citation of Borden, both apparently due to field misinterpretations of the requirements under the Hazard Communication Standard. Because we feel that these citations are in error, the writer asked whether the Agency would consider issuing a directive to its field offices to the effect that a moratorium was being declared on any further citations until OSHA Headquarters clarified this issue. While Mr. White agreed that the issue was complex, he would not agree to a moratorium. It was agreec however, that the Vinyl Institute, through its member companies, would compile monitoring and industrial hygiene information that would serve to indicate that processors, i.e., down stream users of polyvinyl chloride resin are not subject to any significant exposure of vinyl chiLoride, and such information will be provided to OSHA in support of our position that the Hazard Communication Standard does not apply. If OSHA agrees with this position, they will issue an administrative letter to their field offices clarifying this situation. RTG/pmb cc: P. de la Cruz T. Grumbles SPl-01478 Scope and Appli cation of Vinyl Chloride Standard Based on the e hhylene oxide standard (S 1910.1047 (a) (2) ) , w* recommend that a new provision be added to 1910.1017 (a) (2) (i ) , the scope and application of the vinyl chloride standard This section does not apply to the processing, 4se, or handling of vinyl chloride polj mer or copolymer products where object ve data are reasonably relied upon that den onstrate that the vinyl chloride pol} mer or copolymer is not capable of re leasing vinyl chloride in airborne cone entrations at or above the action level under the expected conditions of processing , use, or handling that will cause the gr elatest possible release. ~! -I 0. L J ^ fT%\X $ di 5/ SPI-01479