california’s leadership role in establishing pel s

CIHC Annual ConferenceDecember 6, 2010

Westgate Hotel, San Diego, CA

Howard B. Spielman, PE, CIH, CSP, REHSPresident

HEALTH SCIENCE ASSOCIATES10771 Noel Street

Los Alamitos, CA 90720Phone: 714-220-3922

[email protected]

1912 20 acute exposure limits Germany

1921 33 hazardous air concentrations U.S. Bureau of Mines

1930 First MAC list of 30 chemicals Russia

1938 100 OELs Germany

1946 First list of MACs ACGIH

1950 MACs became known as TLVs ACGIH

1962 First Documentation of TLVs ACGIH

Today: Approximately 700 TLVs ACGIH

Since 1945:

Multiple countries adopted ACGIH TLVs

Backdrop: Over 80,000 chemicals in U.S. Commerce

OSHA PELs NIOSH RELs ACGIH TLVs AIHA WEELs EPA Limited activity Individual States

1927 Longshoremen’s & Harbor Workers’ Compensation ActAdopted 1960 ACGIH List


1936 Walsh-Healy Public Contracts ActIncorporated 1951 ACGIH List



1971 OSHA adopted the safety & health standards from the 1969 W-H Act revision – included the 1968 ACGIH List. Since 1971, new or revised PELs for only 16 agents, plus standard for 13 carcinogens that do not include PELs.




Late 1970s

NIOSH submitted over 100 Criteria Documents with RELs. Fewer than 10 in the last 25 years.




Late 1970s


1988-89

OSHA PEL project – eventually overturned following lawsuits filed by both labor and industry.




Late 1970s


1988-89

OSHA PEL project – eventually overturned following lawsuits filed by both labor and industry.

Current Fed/OSHA PELs for the most part are the 1968 ACGIH TLVs

Since the 1940s:

Since the 1940s: MACs listed in the General Industry

Safety Orders (GISO) Essentially were ACGIH MACs

Since the 1940s: MACs listed in the General Industry Safety Orders

(GISO) Essentially were ACGIH MACs Since inception of Cal/OSHA (1972/1973):

GISO listings identified as PELs.


(GISO) Essentially were ACGIH MACs Since inception of Cal/OSHA (1972/1973): GISO listings

identified as PELs. Cal/OSHA Industrial Hygiene Advisory

Committees into the late 1990s updated the PELs every 2 years – essentially based on ACGIH new & Revised TLVs. No lawsuits.


(GISO) Essentially were ACGIH MACs Since inception of Cal/OSHA (1972/1973): GISO listings

identified as PELs. Cal/OSHA Industrial Hygiene Advisory Committees into

the late 1990s updated the PELs every 2 years – essentially based on ACGIH new & Revised TLVs. No lawsuits.

In early 2000s the nature & transparency of this process was questioned by the OSHSB.


(GISO) Essentially were ACGIH MACs Since inception of Cal/OSHA (1972/1973): GISO

listings identified as PELs. Cal/OSHA Industrial Hygiene Advisory Committees

into the late 1990s updated the PELs every 2 years – essentially based on ACGIH new & Revised TLVs. No lawsuits.

In early 2000s the nature & transparency of this process was questioned by the OSHSB.

2 legislative bills introduced which would have given the PEL setting process to OEHHA.

I. Selection & prioritization of substances for review by DOSH utilizing an advisory committee.


II. HEAC (Health Expert Advisory Committee)


II. HEAC (Health Expert Advisory Committee)IIA. SUBSTANCE SPECIFIC ADVISORY

COMMITTEE


II. HEAC (Health Expert Advisory Committee)IIA. SUBSTANCE SPECIFIC ADVISORY COMMITTEE

III. FAC (Feasibility Advisory Committee)



III. FAC (Feasibility Advisory Committee)

DOSH commitment to transparency & active participation by interested parties.



III. FAC (Feasibility Advisory Committee)DOSH commitment to transparency & active

participation by interested parties.S E Q U E N C E

HEAC FAC DOSH OCSHSB

1. Consider the need & scientific basis for new or revised health-based exposure levels for airborne contaminants.


2. Use weight of evidence approach in evaluating the scientific literature.


2. Use weight of evidence approach in evaluating the scientific literature.

3. Recommend new or revised PELs, STELs, Cs, S notations and special footnotes.

Objective: At least 2 members from each of the following disciplines.

TOXICOLOGY (Ph.D.) EPIDEMIOLOGY (Ph.D.)OCCUPATIONAL MEDICINE (M.D.)INDUSTRIAL HYGIENE (C.I.H.)

Serve a minimum of 2 years.

Objective: At least 2 members from each of the following disciplines.TOXICOLOGY (Ph.D.) EPIDEMIOLOGY (Ph.D.)OCCUPATIONAL MEDICINE (M.D.)INDUSTRIAL HYGIENE (C.I.H.)


Experts from state agencies, academic institutions, professional associations, & other interested groups.

Objective: At least 2 members from each of the following disciplines.TOXICOLOGY (Ph.D.) EPIDEMIOLOGY (Ph.D.)OCCUPATIONAL MEDICINE (M.D.)INDUSTRIAL HYGIENE (C.I.H.)


Experts from state agencies, academic institutions, professional associations, & other interested groups.

Disclose fully the organization(s) they represent or affiliations which might be a source of bias.

DOSH chairs & coordinates technical & logistical support.


OHB/HESIS technical support.


OHB/HESIS technical support.

OEHHA technical input.


OHB/HESIS technical support.OEHHA technical input.

DOSH/assigned committee member develops a substance-by-substance summary document.


OHB/HESIS technical support.OEHHA technical input.DOSH/assigned committee member develops a

substance-by-substance summary document.

Preference given to peer-reviewed articles published in recognized scientific journals.


OHB/HESIS technical support.OEHHA technical input.DOSH/assigned committee member develops a

substance-by-substance summary document.Preference given to peer-reviewed articles

published in recognized scientific journals.

Decision template & substance-by-substance minutes of committee deliberations.

1. Determine whether, and if so how, a PEL proposed by HEAC should be modified based on feasibility issues.


2. Opportunity for interested parties to comment in an informal process.



3. Elements of feasibility.



3. Elements of feasibility. Technical issues associated with making

measurements to identify compliance.



3. Elements of feasibility. Technical issues associated with making

measurements to identify compliance. Technical issues associated with means

and measures of control of exposures for compliance.



3. Elements of feasibility. Technical issues associated with making measurements to

identify compliance. Technical issues associated with means and measures of

control of exposures for compliance. Estimates of the costs associated with

achieving and maintaining reliable compliance and the reasonableness of imposing such costs.

Representatives from affected industry and labor groups.


Individuals with expertise in relevant technical areas such as ventilation engineering, industrial hygiene chemistry, engineering economics.


Individuals with expertise in relevant technical areas such as ventilation engineering, industrial hygiene chemistry, engineering economics.

HEAC members who wish to participate.

In promulgating standards dealing with toxic materials or harmful physical agents, the board shall adopt that standard which most adequately assures, to the extent feasible, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to a hazard regulated by such standard for the period of his working life. Development of standards under this section shall be based upon research, demonstrations, experiments, and such other information as may be appropriate. In addition to the attainment of the highest degree of health and safety protection for the employee, other considerations shall be the latest available scientific data in the field, the reasonableness of the standards, and experience gained under this and other health and safety laws. Whenever practicable, the standard promulgated shall be expressed in terms of objective criteria and of the performance desired.

In promulgating standards dealing with toxic materials or harmful physical agents, the board shall adopt that standard which most adequately assures, to the extent feasible, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to a hazard regulated by such standard for the period of his working life. Development of standards under this section shall be based upon research, demonstrations, experiments, and such other information as may be appropriate. In addition to the attainment of the highest degree of health and safety protection for the employee, other considerations shall be the latest available scientific data in the field, the reasonableness of the standards, and experience gained under this and other health and safety laws. Whenever practicable, the standard promulgated shall be expressed in terms of objective criteria and of the performance desired.

HEAC: Health-based recommendationsFAC: Identify feasibility issuesDOSH: Facilitate process & bring recommended new or revised PELs, STELs, Cs & Ss to the OSHSB.OSHSB:Public hearings & adoption

HEAC’s meetings and deliberations entering the 4th year (1st meeting was 8/21/07). 13th Meeting scheduled for 12/14/10.


Three FAC meetings to date.


Three FAC meetings to date.

HEAC Recommendations considered by FAC to date.

SUBSTANCE HEAC ACGIH CAL/OSHA

56


Carbon Disulfide 1 ppm 8-hr TWA

1 ppm 8-hr TWA

4 ppm 8-hr TWA

12 ppm STEL

57

SUBSTANCE HEAC ACGIH CAL/OSHACarbon Disulfide 1 ppm 8-hr TWA 1 ppm 8-hr TWA 4 ppm 8-hr TWA

12 ppm STEL

Dichloroacetic Acid 0.1 ppm 8-hr TWA

0.5 ppm 8-hr TWA

---

58


12 ppm STEL

Dichloroacetic Acid 0.1 ppm 8-hr TWA 0.5 ppm 8-hr TWA ---

Hydrogen Fluoride 0.4 ppm 8-hr TWA

1 ppm STEL

0.5 ppm 8-hr TWA

3 ppm 8-hr TWA

59


Carbon Disulfide 1 ppm 8-hr TWA 1 ppm 8-hr TWA 4 ppm 8-hr TWA12 ppm STEL


Hydrogen Fluoride 0.4 ppm 8-hr TWA1 ppm STEL

0.5 ppm 8-hr TWA 3 ppm 8-hr TWA

Sulfuric Acid 0.1 mg/m3

8-hr TWA0.2 mg/m3 8-hr TWA

1 mg/m3 8-hr TWA

60


12 ppm STEL






1 mg/m3 8-hr TWA

Toluene 10 ppm 8-hr TWA

20 ppm 8-hr TWA

50 ppm 8-hr TWA

61


12 ppm STEL






1 mg/m3 8-hr TWA

Toluene 10 ppm 8-hr TWA 20 ppm 8-hr TWA 50 ppm 8-hr TWA

Hydrogen Chloride 0.3 ppm 8-hr TWA

2 ppm STEL

2 ppm C 5 ppm C

62








1 mg/m3 8-hr TWA


Hydrogen Chloride 0.3 ppm 8-hr TWA2 ppm STEL

2 ppm C 5 ppm C

N-Methyl-2-Pyrrolidone 1-10 ppm 8-hr TWA

[AIHA – 10ppm 8-hr TWA]

---

63








1 mg/m3 8-hr TWA



2 ppm C 5 ppm C



---

Ethyl Benzene 0.5 – 7 ppm 8-hr TWA

100 ppm 8-hr TWA

100 ppm 8-hr TWA

64








1 mg/m3 8-hr TWA



2 ppm C 5 ppm C



---

Ethyl Benzene 0.5 – 7 ppm 8-hr TWA

100 ppm 8-hr TWA

100 ppm 8-hr TWA

Naphthalene 0.04 – 0.75 ppm 8-hr TWA

10 ppm 8-hr TWA

10 ppm 8-hr TWA

65


Trichloroethylene 0.4 ppm 8-hr TWA

10 ppm 8-hr TWA

25 ppm 8-hr TWA

66


Trichloroethylene 0.4 ppm 8-hr TWA 10 ppm 8-hr TWA 25 ppm 8-hr TWA

Wood Dust 1.0 mg/m3 8-hr TWA

1.0 mg/m3 8-hr TWA

5.0 mg/m3 8-hr TWA

67




1.0 mg/m3 8-hr TWA

5.0 mg/m3 8-hr TWA

Western Red Cedar 0.5 mg/m3 8-hr TWA

0.5 mg/m3 8-hr TWA

2.5 mg/m3 8-hr TWA

68




1.0 mg/m3 8-hr TWA

5.0 mg/m3 8-hr TWA


0.5 mg/m3 8-hr TWA

2.5 mg/m3 8-hr TWA

Benzyl Chloride 0.03 ppm 8-hr TWA

1.0 ppm 8-hr TWA

1.0 ppm 8-hr TWA

69




1.0 mg/m3 8-hr TWA

5.0 mg/m3 8-hr TWA


0.5 mg/m3 8-hr TWA

2.5 mg/m3 8-hr TWA

Benzyl Chloride 0.03 ppm 8-hr TWA

1.0 ppm 8-hr TWA 1.0 ppm 8-hr TWA

1,1,2,2 Tetrabromoethane

0.03 ppm 8-hr TWA

0.1 ppm 8-hr TWA

1.0 ppm 8-hr TWA

70

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california’s leadership role in establishing pel s

Documents

acgih list1971osha

acgih tlvssince

revised pels

safety health standards

wh act revision

current fedosha pels

criteria documents

following lawsuits