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From: Monona Rossol <actsnyc**At_Symbol_Here**cs.com>
Subject: Re: [DCHAS-L] OSHA provides new information on chemical safety
Date: Tue, 29 Oct 2013 18:41:59 -0400
Reply-To: DCHAS-L <DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU>
Message-ID: 8D0A30F369D68D8-1444-68CC**At_Symbol_Here**webmail-d296.sysops.aol.com
In-Reply-To <673A00C44C25834BA3198AADFC1EB7AE133AE469**At_Symbol_Here**PIT-MAIL01.uswa-us.local>
I wish my name was Monica. It would make life a lot easier. But I agree with all your points.
Monona Rossol, M.S., M.F.A., Industrial Hygienist
President: Arts, Crafts & Theater Safety, Inc.
Safety Officer: Local USA829, IATSE
181 Thompson St., #23
New York, NY 10012 212-777-0062
-----Original Message-----
From: Wright, Mike <mwright**At_Symbol_Here**USW.ORG>
To: DCHAS-L <DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU>
Sent: Mon, Oct 28, 2013 7:53 pm
Subject: Re: [DCHAS-L] OSHA provides new information on chemical safety
Thanks, Monica. We know all about manganese, and have been participating in some research on it. Manganism is rarely seen in the steel industry today, mostly
due to the way in which alloying materials are added to the steel, but as you point out, it's a serious problem in welding.
As to OSHA standards, setting new ones is a Herculean task. The rulemaking process has more than 30 steps, requires exhaustive analysis and massive support
in the federal register, and is subject to all kinds of political interference and legal challenges. Even with a strong OSHA leadership and a supposedly friendly Administration, OSHA has released one new proposed health standard in a little less than 5 years
- for silica. That standard is still a year or more from promulgation, after which it stands a good chance of being stayed by the Court of Appeals until the legal challenges are exhausted. They've finished only one health standard - the one adopting the GHS
- but that was started under the Bush Administration and is still under challenge in the DC Circuit Court of Appeals, although it has not been stayed.
The recent OSHA release on chemical safety is very welcome, but with respect to substances covered by the old TLVs, it's best seen as a desperate attempt to
get employers to do the right thing even where OSHA cannot compel them to. Some are already. Others may take the guidance seriously. Sadly, others will not. The problem with voluntary measures is that not everyone volunteers..
By the way, despite our shorthand name, our industries are broader than steel. We are the predominant North American union in aluminum, ferrous and nonferrous
metals generally, rubber, paper, chemicals, oil refining, mining other than coal, and manufacturing in general.
Mike Wright
Michael J. Wright
Director of Health, Safety and Environment
United Steelworkers
412-562-2580 office
412-370-0105 cell
Mike, This is why the PEL that OSHA will finally set policy with must be one which has clear, demonstrable hazards within a period of time that workers are likely
to be in the same job. In your industry, Mike, there is a candidate in Manganese whose PEL is a 5 mg/m3 Ceiling limit while the new TVL-TWA is 0.02 mg/m3. This is also what the DFG MAK is for fume.
The worker studies now can pick up early neurological damage consistent with early Parkinson's disease in welders of mild steel. The American Welding Soc Journal
carried articles encouraging the industry to switch to the new standards and it showed that without local ventilation, all types of welding except one type of TIG resulted in Mn exposure over the TLV. Even hand held grinding exceeded the TLV. My reports
now all recommend flexible duct exhaust at all welding sites.
Monona Rossol, M.S., M.F.A., Industrial Hygienist
President: Arts, Crafts & Theater Safety, Inc.
Safety Officer: Local USA829, IATSE
New York, NY 10012 212-777-0062
Correct. OSHA can't cite for exposures lower than an existing PEL. We went through this for exposure to PCBs from a failed transformer. Since there was an old ACGIH
TLV for Aroclors, adopted when they were believed to be fairly harmless, there was little they could do. Fortunately we had some help from TSCA..
Director of Health, Safety and Environment
I believe OSHA will only continue to cite for exceeding the PEL and not the annotated OELs for chemicals on the OSHA list. The press release says:
"OSHA also created another new web resource: the Annotated Permissible Exposure Limits, or annotated PEL tables, which will enable employers to voluntarily adopt
newer, more protective workplace exposure limits. OSHA's PELs set mandatory limits on the amount or concentration of a substance in the air to protect workers against the health effects of certain hazardous chemicals; and OSHA will continue to enforce those
mandatory PELs. Since OSHA's adoption of the majority of its PELs more than 40 years ago, new scientific data, industrial experience and developments in technology clearly indicate that in many instances these mandatory limits are not sufficiently protective
of workers' health."
It doesn't make it inevitable, but it helps. If workers have injuries documented to be from a particular chemical, and if the employer has documentation that exposures
were below the PEL, and if that PEL is significantly less protective than the other two workplace standards, it makes using the General Duty Clause easier. OSHA can make the case that the employer should have been aware that this level of exposure is a recognized
hazard by NIOSH, the State of California, and ACGIH (and probably by the DFG in the EU and on and on). That coupled with the statements OSHA published in the Federal Register in 1992 after the courts vacated their new PELs which clearly said that workers
would not be protected by the old standards, I think employers should be using the more protective standards. It is now common practice for many Industrial Hygienists, myself included, to ignore the PELs in favor of better standards.
There also are a number of states that have adopted the vacated OSHA PELs for their state programs. And California was one. Since 1992, CalOSHA also lowered some
more and added a few.
I am so impressed with my friend, David Michaels, for doing this. It's about the only strategy left to OSHA after the 1992 decision.
Monona Rossol, M.S., M.F.A., Industrial Hygienist
President: Arts, Crafts & Theater Safety, Inc.
Safety Officer: Local USA829, IATSE
New York, NY 10012 212-777-0062
Since OSHA is putting these more restrictive values out there and notifying employers, I have to wonder if they can use the General Duty Clause to make them de
facto standards and enforce them in egregious circumstances?
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OSHA releases new resources to better protect workers
from hazardous chemicals
WASHINGTON - Each year in the United States, tens of thousands of workers are made sick or die from occupational exposures to the thousands of hazardous chemicals that are used in workplaces every day. The U.S. Department
of Labor's Occupational Safety and Health Administration today launched two new web resources to assist companies with keeping their workers safe.
While many chemicals are suspected of being harmful, OSHA's exposure standards are out-of-date and inadequately protective for the small number of chemicals that are regulated in the workplace. The first resource OSHA has created is a toolkit
to identify safer chemicals that can be used in place of more hazardous ones. This toolkit walks employers and workers step-by-step through information, methods, tools and guidance to either eliminate hazardous chemicals or make informed substitution decisions
in the workplace by finding a safer chemical, material, product or process.. The toolkit is available at http://www.osha.gov/dsg/safer_chemicals/index.html.
"We know that the most efficient and effective way to protect workers from hazardous chemicals is by eliminating or replacing those chemicals with safer alternatives whenever possible," said Dr. David Michaels, assistant secretary of labor
for occupational safety and health.
OSHA also created another new web resource: the Annotated Permissible Exposure Limits, or annotated PEL tables, which will enable employers to voluntarily adopt newer, more protective workplace exposure limits. OSHA's PELs set mandatory
limits on the amount or concentration of a substance in the air to protect workers against the health effects of certain hazardous chemicals; and OSHA will continue to enforce those mandatory PELs. Since OSHA's adoption of the majority of its PELs more than
40 years ago, new scientific data, industrial experience and developments in technology clearly indicate that in many instances these mandatory limits are not sufficiently protective of workers' health.
"There is no question that many of OSHA's chemical standards are not adequately protective," Michaels said. "I advise employers, who want to ensure that their workplaces are safe, to utilize the occupational exposure limits on these annotated
tables, since simply complying with OSHA's antiquated PELs will not guarantee that workers will be safe."
The annotated PEL tables provide a side-by-side comparison of OSHA PELs for general industry to the California Division of Occupational Safety and Health PELs, National Institute for Occupational Safety and Health recommended exposure limits,
and American Conference of Governmental Industrial Hygienist threshold limit values. They offer an easily accessible reference source for up-to-date workplace exposure limits, which are available at http://www.osha.gov/dsg/annotated-pels/index.html.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and
enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
###
U.S. Department of Labor releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large
print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America's employers and employees with easy
access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance.
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