Document z1jxLZoY21w3yg6JkYgRwOpz

SPI-PVC November 13, 1977 Page Two Should you have any questions, comments or suggestions relative to this or any other VCM/PVC matter, please do not hesitate to let us know. Cordially yours. Enclosure cc: Mr. Prank Jones, Chairman SPI Vinyl Dispersions Division Mr. Jerome P. Carroll VVC 000006804 843 Currant Report //// EMERGENCY STANDARD REQUIRES MONITORING WHEREVER VC IS RELEASED. COURT DECLARES Monitoring of every operation in which any vinyl chloride was released was required by the emergency temporary standard for vinyl chloride, regardless of an employer's ability reliably to predict the concentration of this gas in the air. a federal appeals court ruled November 4. This decision of the U.S. Court of Appeals for the Second Circuit in Marshall v. Western Electric, Inc. and OSAHRC (No. 77-4076) reversed a ruling of the Oc cupational Safety and Health Review Commission reported at 4 OSHC 2021. The court specifically rejected the com mission's "reliable prediction'7 exception to the monitoring requirement. ......... . Western Electric was cited for violating 29 CFR 1210.93q(c) (1) following an inspection of the firm's electrical com ponents producing piant in Lee's Summit, Mo. As a part of the process for insulating these components, heated metal rings are dipped into a compound known as "Hysol," a plastisoi containing poivvinvl chloride suspended in a liquid plasticizer. When Hysoi is heated to a temperature of 360 degrees Fahrenheit by the metal rings, the polyvinyl chloride fuses with the plasticizer and coats the rings. At*the same time, the polyvinyl chloride releases vinyl chloride into the air in the form of a gas. An industrial hygienist for Western Electric decided that because the Lee s Summit plant used neither vinyl chloride nor poiyvinyl chloride resin as a raw material, its operations were not subject to the monitoring requirements of the emergency standard. However, he did monitor the operation which he conciuded would release the most vinyl chloride. After determining that the ambient air in the area monitored contained nonhazardous concentrations of vinyl chloride, he assumed that workers in other areas of the plant would be safe and. therefore, did not monitor any other plant operations. The compliance officer who conducted the inspection of Western Electric's plant took three samples of the air in the Hysol-dipping tank, one of which revealed vinyl chloride in the air at a concentration of 1.7 parts per million. Review Commission Judge Paul Dixon rejected the com pany's argument that Hysol was a fabricated product and, therefore, exempt from the standard, concluding that the operation was a form of fabrication to which the standard applied. He also rejected the firm's claim that in order to constitute "release of vinyl chloride," readings of the am bient air must exceed 5 ppm. Relying on the plain language of the standard, which requires physical monitoring of any operation releasing vinyl chloride gas, Dixon held that the employer violated the standard by failing to monitor the ring-coating process. The commission, setting aside Dixon's decision, held that the employer could reliably predict from the physical cir cumstances that the concentration of vinyl chloride in the air resulting from the coating operation would be well below the danger level set by the secretary. Formal physical monitor ing was not required, the commission said. Senior Circuit Judge Robert P. Anderson, writing for the court, concluded that the commission's interpretation of the emergency standard was "unreasonable." Anderson noted that the mandatory language of the standard was clear and there was no indication in the secretary's introductory com ments that any covered employers would be exempt from the duty of monitoring for vinyl chloride gas. In the court's opinion, the secretary's interpretation of the standard as requiring monitoring of every operation in which any vinyl chloride was released was better calculated than the commission's to achieve the congressional goal of accident prevention and protection against potential danger. "Although Western Electric's efforts to predict the amount of vinyl chloride in the air breathed by its employees were sound and sensible, it should not be permitted to substitute its monitoring method fer that prescribed by the secretary," the court declared. The court also described as "unfor tunate" the commission's characterization of monitoring as a "useless act" in situations in which it could be reliably predicted from the physical circumstances that vinyl chloride concentrations would be below the permissible maximum. The unequivocal language of the standard does not support a "reliable prediction" limitation on the duty to monitor, the court ruled. Accordingly, the secretary's inter pretation of the standard is the only reasonable one, in the court's opinion. The case was remanded to the commission for the sole purpose of entering a final order enforcing Judge Dixon's decision. This decision, in which Senior Judge Sterry R. Waterman and Circuit Judge Walter R. Mansfield joined Anderson, will appear in a future Decisions supplement. Ethylene Dibromide INSTITUTE RECOMMENDS CEILING LIMIT OF ONE MILLIGRAM. ENGINEERING CONTROLS Workplace concentrations of ethylene dibromide (EDB) should be limited to a ceiling level of one milligram per cubic meter of air as determined by a sampling period of 15 minutes, according to a criteria document prepared by the National Institute for Occupational Safety and Health. The NIOSH recommendations for an EDB standard were transmitted to the Occupational Safety and Health Ad ministration, which announced earlier this year that it planned to issue employer guidelines on the substances (Current Report, September 8,.p. 443). EDB, which is used as a gasoline additive and a pesticide, is chemically related to the pesticide dibromochloropropane (DBCP), linked earlier this year to cases of worker sterility at chemical plants in Lathrop, Calif., and Magnolia, Ark. (See related article in this issue.) ............... According to NIOSH, human and experimental studies in dicate that EDB exposure may lead to ocular, dermal, and respiratory irritation, in addition to systemic effects on the liver, kidneys, spleen, cardiovascular system, and nervous system. Animal data, according to the institute, indicate that EDB exposure may produce in animals sterility, cancer of the reproductive system, and malformations and heritable damage in offspring. ... ... r The relevancy of these findings to human exposure "has not yet been established, ' ' NIOSH reported. However, it add- Copyright 1977 by The Bureau of National Affoirs, Inc. 5''s . VVC 000006805 SUMMONS IN A CIVIL ACTION CASE NO. COURT OF COMMON PLEAS, CUYAHOGA COUNTY COURT HOUSE CLEVELAND, OHIO 44113 j 7 ' -r \i - ^ l i, c *. ' 1 ?-'>( \ *9 Rule A (B) Ohio prtr it v.- I mdi v .rxr<!, cf C'-'arlfS ^ * <\p. T'im t 'rr*n VS | Plaintiff Rules of Civil Procedure SUMMONS Q.T r'f>* ICH CHFMTCAL r.r--l=TAL Defendant --- 1 FTn^r":. CHEMICALS CO'iT" rriTAt OIL CO. B r-M ' ' 'v.'A Y PLAZAsE ijnur "tyry^ 77001 /3*k a/99 I J You have been named defendant in a complaint (copy attached hereto) filed in Cuyahoga County Court of Common Pleas, Cuyahoga County Court House, Cleveland, Ohio 44113, by the plaintiff named herein. You are hereby summoned and required to answer the complaint within 28 days after service of this summons upon you, exclusive of the day of service. Said answer is required to be served on: Said answer is required* to be served on Plaintiff's Attorney Plaintiff's Attorney V (TT : 1 '1 Li STFVFN A S I Wi'H L . ^ I NOFLL stf: 11 f c oumunALot 711 MO C.nUPT PLOC. .CL17 vri. n (Address denoted by arrow at left.) If you fail to do so, judgement by default will be rendered against you for the relief demanded in the complaint. Your answer must also be filed with the court within 3 days after service of soid answer on Cose has been assigned to Judge: v n I r r-1 " f,i T h. Do not contact judge. Judge's name is given for attorney's reference only. DATE plaintiff's attorney. GERALD E. FUERST Clerk of the-Court of Common Pleas j iy/* / , -V 7 if,7 . t . r 7 :cu By. Deputy / SERVICE COPY ooooo 6*07