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Records of the White House Office of Speechwriting (George H. W. Bush Administration)
Carol Aarhus Alpha Files
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Originally Processed With FOIA(s):
FOIA Number:
S
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the George Bush Presidential
Library Staff.
Record Group/Collection:
George H.W. Bush Presidential Records
Collection/Office of Origin:
Speechwriting, White House Office of
Series:
Aarhus, Carol, Files
Subseries:
Alpha File, 1990-1992
OA/ID Number:
13865
Folder ID Number:
13865-008
Folder Title:
Regulatory Reform [1]
Stack:
Row:
Section:
Shelf:
Position:
G
19
2
5
6
The President's Deregulatory Initiative - At a Glance
January 28, 1992 -- The President announced in his State of the
Union Speech the 90 Day Moratorium and Review. In addition, he
issued an explanatory memorandum to certain Department and Agency
heads.
January 30, 1992 -- Deputy Secretary of Treasury, John Robson,
IRS Commissioner, Fred Goldberg, and the Vice President announced
several measures including Security and Exchange Commission
reforms, to improve access to capital and to simplify the payroll
tax system. These changes could substantially increase the
amount of loans available and save significantly in regulatory
costs.
January 30, 1992 -- The White House released a fact sheet
entitled The President's Plan for reducing the Burdens of
Regulation Through Administrative Action. The fact sheet is more
detailed and explains the Administration's specific goals.
January 30, 1992 -- The Secretary of Labor instructed the
Department to published regulations relating to the use of
"helpers" on construction projects subject to the Davis-Bacon
Act.
February 4, 1992 -- The Vice President issued his memorandum
which outlined the various initiatives and the mechanics of the
90 Day Moratorium and Review.
February 14, 1992 -- EPA decided to allow broad use of
"carcinogenic" pesticides. EPA found that the risks posed by
these chemicals had been overestimated.
February 18, 1992 -- The FCC Commissioners discussed proposals
that the Commission is considering which would boost the economy.
The two most notable were a proposal to accelerate the
depreciation rates for phone companies and a proposal which would
ease ownership limits on radio and television stations.
February 18, 1992 -- The SEC announced proposals to reduce, and
in some cases eliminate, the public disclosure requirements for
small companies that issue stock. Among others, a proposal was
introduced to raise from $500,000 to $1 million the amount that
can be raised through stock offerings without registering with
federal or state authorities for "seed money". Their new
proposals would also make it easier for mutual funds to invest in
small and new businesses.
February 19, 1992 -- EPA set a specific timetable to narrow the
scope of two hazardous-waste rules which it has determined to be
excessively stringent. This change could save more than $2.0
billion per year.
February 24, 1992 -- In response to the President's Deregulatory
Initiative, Don Clay, a top official at EPA, proposed changes in
the laws for cleaning up toxic waste sites. The new laws would
"significantly decrease the regulatory reach "of hazardous waste
laws.
February 24, 1992 -- The White House issued new Government policy
on biotechnology products stating that genetically engineered
products are not inherently dangerous; and that safe, new drugs,
agricultural products, and organisms which help clean the
environment should be commercialized without excessive scrutiny
from federal regulators.
February 26, 1992 -- FCC staff proposed abolishing limits on how
many radio stations nationwide that one owner can own.
THE WHITE HOUSE
WASHINGTON
January 28, 1992
MEMORANDUM FOR CERTAIN DEPARTMENT AND AGENCY HEADS
SUBJECT:
Reducing the Burden of Government Regulation
As you know, excessive regulation and red tape have imposed an
enormous burden on our economy -- a hidden tax on the average
American household in the form of higher prices for goods and
services. Just as Americans have the right to expect their
government to spend tax dollars wisely, they have the right
to expect cost-effective and minimally burdensome regulation.
Although the Congress has thus far failed to pass most of the
Administration's regulatory reform proposals, there is much the
Administration can and should do on its own to reduce the burden
of regulation.
A major part of this undertaking must be to weed out unnecessary
and burdensome government regulations, which impose needless
costs on consumers and substantially impede economic growth. We
must be constantly vigilant to avoid unnecessary regulation and
red tape.
We must also remember that even those regulatory programs that
may have been justified when adopted often fail to keep pace with
important innovations. New technologies and markets can quickly
make existing rules obsolete. By the same token, existing
regulations often impose unnecessary constraints on emerging
technologies and markets that could not have been foreseen at
the time the regulations were promulgated. Existing regulatory
programs also need to be revised to take advantage of regulatory
innovations, such as the flexible, market-based approaches to
regulation that many of your agencies have developed over the
past few years.
I am concerned that, because of the constant pressure to
develop new programs, we are not doing nearly enough to review
and revise existing programs. For that reason, I ask that each
of your agencies set aside a 90-day period, beginning today,
to evaluate existing regulations and programs and to identify
and accelerate action on initiatives that will eliminate any
unnecessary regulatory burden or otherwise promote economic
growth. During this period, agency resources should, to
the maximum extent possible, be devoted to these efforts.
Specifically, I request that you take the following steps:
2
1.
During the 90-day review period, your agency should work
with the public, other interested agencies, the Office
of Information and Regulatory Affairs, and the Council
on Competitiveness to (i) identify each of your agency's
regulations and programs that impose a substantial cost on
the economy and (ii) determine whether each such regulation
or program adheres to the following standards:
(a) The expected benefits to society of any regulation
should clearly outweigh the expected costs it imposes
on society.
(b) Regulations should be fashioned to maximize net
benefits to society.
(c) To the maximum extent possible, regulatory agencies
should set performance standards instead of pre-
scriptive command-and-control requirements, thereby
allowing the regulated community to achieve regulatory
goals at the lowest possible cost.
(d) Regulations should incorporate market mechanisms to the
maximum extent possible.
(e) Regulations should provide clarity and certainty to the
regulated community and should be designed to avoid
needless litigation.
2.
To the maximum extent permitted by law, and as soon as
possible, your agency should propose administrative changes
(including repeal, where appropriate) that will bring each
regulation and program into conformity with the standards
set forth above. As you implement these proposals, you
should carefully order your agency's regulatory priorities
to ensure that programs imposing the largest unnecessary
burden are the first to be revised or eliminated.
3.
You should designate, in consultation with the Council on
Competitiveness, a senior official to serve as your agency's
permanent regulatory oversight official. This person will
be responsible for conducting the review, for implementing
the resulting proposals, and for ensuring that future
regulatory actions conform to the standards set forth in
this memorandum and in applicable Executive orders.
4.
To the maximum extent permitted by law, and subject to the
exceptions listed below, your agency should refrain from
issuing any proposed or final rule during the 90-day review
THE SECRETARY OF THE TREASURY
THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE SECRETARY OF THE INTERIOR
THE SECRETARY OF AGRICULTURE
THE SECRETARY OF COMMERCE
THE SECRETARY OF LABOR
THE SECRETARY OF HEALTH AND
HUMAN SERVICES
THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT
THE SECRETARY OF TRANSPORTATION
THE SECRETARY OF ENERGY
THE SECRETARY OF EDUCATION
THE CHAIRMAN OF THE INTERSTATE
COMMERCE COMMISSION
THE CHAIRMAN OF THE BOARD OF GOVERNORS OF
THE FEDERAL RESERVE SYSTEM
THE CHAIRMAN OF THE FEDERAL TRADE COMMISSION
THE CHAIRPERSON OF THE FEDERAL DEPOSIT
INSURANCE CORPORATION
THE CHAIRMAN OF THE SECURITIES AND
EXCHANGE COMMISSION
THE CHAIRMAN OF THE FEDERAL
COMMUNICATIONS COMMISSION
THE CHAIRMAN OF THE FEDERAL MARITIME COMMISSION
THE CHAIRMAN OF THE EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
THE ADMINISTRATOR OF THE
ENVIRONMENTAL PROTECTION AGENCY
THE CHAIRMAN OF THE NUCLEAR
REGULATORY COMMISSION
THE CHAIRMAN OF THE COMMODITY FUTURES
TRADING COMMISSION
THE CHAIRMAN OF THE FEDERAL ENERGY
REGULATORY COMMISSION
3
period. This moratorium on new regulations will ensure
that to the maximum extent possible, agency resources are
devoted to reducing the regulatory burden on the economy.
of course, you should not postpone any regulation that is
subject to a statutory or judicial deadline that falls
during the review period. This moratorium does not apply
to:
(a) regulations that you determine, after consultation with
the working group of the Council on Competitiveness
described below, will foster economic growth;
(b) regulations that respond to emergencies such as
situations that pose an imminent danger to human health
or safety;
(c) regulations that you determine, after consultation with
the working group of the Council on Competitiveness
described below, are essential to a criminal law
enforcement function of the United States;
(d) regulations issued with respect to a military or
foreign affairs function of the United States;
(e) regulations related solely to agency organization,
management, or personnel; and
(f) formal regulations required by statute to be made on
the record after opportunity for an agency hearing.
5. At the end of the review period, each agency should submit
a written report to me. Each report should indicate the
regulatory changes recommended or made during the review
period and the potential savings to the economy of those
changes, including an estimate of the number of jobs that
will be created. It should also include a summary of
any regulatory programs that are left unchanged and an
explanation of how such programs are consistent with the
regulatory standards set forth in paragraph 1 above.
The 90-day review, and the preparation of the reports described
in paragraph 5 above, will be coordinated by a working group of
the Council on Competitiveness, chaired by the Chairman of the
Council of Economic Advisers and the Counsel to the President.
I look forward to your reports on this important undertaking. I
am confident that, with your help, the executive branch can do
much economy. to create conditions conducive to a healthy and robust
Gg Bul
THE VICE PRESIDENT
WASHINGTON
February 4, 1992
MEMORANDUM FOR CERTAIN DEPARTMENT Once AND AGENCY HEADS
FROM:
THE VICE PRESIDENT
SUBJECT: Reducing the Burden of Government Regulations
In his State of the Union Address President Bush announced a
comprehensive program to review existing and upcoming agency
programs and regulations to remove unnecessary regulatory burdens
that impose needless costs on consumers, cost jobs, and impede
economic growth. He asked a working group of the Council on
Competitiveness, chaired by Chairman Michael Boskin of the
Council of Economic Advisers and Counsel to the President C.
Boyden Gray, to coordinate this review.
The President requested that you accelerate issuance of any
regulations that encourage growth and increase the creation of
jobs. Many of these initiatives -- such as improving access to
capital, small business reform, energy and the environment,
transportation, exports, communications, biotechnology, and
Federal regulations affecting private property, among others --
require coordination among several agencies.
Many such initiatives are already underway in several agencies.
For example, last week Deputy Secretary of the Treasury John
Robson and outgoing IRS Commissioner Fred Goldberg joined me in
announcing several measures, including Security and Exchange
Commission reforms, to improve access to capital and to simplify
the payroll tax system. With your help, we will have many more
initiatives to announce at various points during the 90-day
review period.
The President has also requested that during the 90 days you
review all existing and planned regulations and programs to
determine whether they are consistent with his regulatory
principles, and prepare a report describing the results of that
review. I want to work with you in developing these reports,
which should include regulatory changes to reduce economic
burdens and create jobs that you plan to make after the review
period ends.
Finally, as you know, in order to allow you to devote the maximum
agency resources possible to the review, the President has
requested that you refrain from issuing new regulations during
the 90-day period unless they come within one of the exceptions
in the President's memorandum of January 28, 1992. of course,
the existing procedures of the Paperwork Reduction Act, Executive
Order 12291, and Executive Order 12498 will continue to apply to
the agencies covered thereby.
I also ask that you implement the President's request to
designate a permanent regulatory oversight official for your
agency, after consultation with the Council, by the end of this
week.
I have asked the Chairmen of the Council's working group and the
Council's Executive Director, David McIntosh, to meet with you or
your designee in the next few days to facilitate inter-agency
cooperation in developing pro-growth regulatory initiatives, to
discuss your ideas for the reports to the President containing-
the results of the review of your regulations, to develop an
initial list of priorities and a schedule for their completion,
and to answer any questions you may have.
The President's request provides an exciting opportunity for
creative thought about how to reduce the burden of excessive
regulation and unnecessary red tape. I am looking forward to
working with each of you personally to take advantage of this
opportunity.
THE SECRETARY OF THE TREASURY
THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE SECRETARY OF THE INTERIOR
THE SECRETARY OF AGRICULTURE
THE SECRETARY OF COMMERCE
THE SECRETARY OF LABOR
THE SECRETARY OF HEALTH AND
HUMAN SERVICES
THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT
THE SECRETARY OF TRANSPORTATION
THE SECRETARY OF ENERGY
THE SECRETARY OF EDUCATION
THE SECRETARY OF THE INTERSTATE
COMMERCE COMMISSION
THE CHAIRMAN OF THE BOARD OF GOVERNORS OF
THE FEDERAL RESERVE SYSTEM
THE CHAIRMAN OF THE FEDERAL TRADE COMMISSION
THE CHAIRPERSON OF THE FEDERAL DEPOSIT
INSURANCE CORPORATION
THE CHAIRMAN OF THE SECURITIES AND
EXCHANGE COMMISSION
THE CHAIRMAN OF THE FEDERAL
COMMUNICATION COMMISSION
THE CHAIRMAN OF THE FEDERAL MARITIME
COMMISSION
THE CHAIRMAN OF THE EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
THE ADMINISTRATOR OF THE ENVIRONMENTAL
PROTECTION AGENCY
THE CHAIRMAN OF THE NUCLEAR REGULATORY
COMMISSION
THE CHAIRMAN OF THE COMMODITY FUTURES
TRADING COMMISSION
THE CHAIRMAN OF THE FEDERAL ENERGY
REGULATORY COMMISSION
THE WHITE HOUSE
Office of the Press Secretary
January 30, 1992
THE PRESIDENT'S PLAN FOR REDUCING THE BURDENS OF REGULATION
THROUGH ADMINISTRATION ACTION
FACT SHEET
Regulatory reform is a key element of the economic growth
package the President laid out in his State of the Union address.
The President explained why in a speech he gave in Philadelphia
today:
"Every regulation that reduces efficiency slaps a hidden tax
on the consumer
From the tab on a bag of groceries
at the checkout line to the sticker price on the showroom
floor -- every American takes a hit when the government
over-regulates."
Although Congress has thus far refused to pass most of the
Administration's regulatory reform proposals -- including those
in banking and energy -- there is much the Administration can do
and will do on its own to reduce the burden of regulation.
Following up on the President's request that federal agencies
accelerate programs that enhance economic growth, the
Administration today announced the details of several specific
reform initiatives to spur growth and enhance job creation,
particularly by small and emerging businesses.
Today, the President also described the comprehensive, 90-
day review of federal regulation that he announced in his State
of the Union address: "We will undertake a top-to-bottom review
in the fields of energy, the environment, transportation,
exports, financial services, and communications, among others." "
During this 90-day period, federal agencies will "accelerate any
regulations that encourage growth and the creation of jobs."
Agencies will also adhere to a 90-day moratorium on regulations
that could hinder growth, to the extent they can do so without
violating statutory deadlines or threatening health and safety.
I. SPECIFIC ADMINISTRATIVE ACTIONS
The President announced several concrete steps that the
Administration will take within the next 30 days to promote
economic growth and pare down unnecessary government red tape and
other regulatory costs. These fall into two broad categories:
improving access to capital, and improving the economic climate
for small business.
A.
Improving Access to Capital.
Passage of the Administration's proposed banking reform
legislation is the best way to resolve the "credit crunch"
that has impeded economic growth and job creation. However,
the Administration has recently taken actions under existing
law to alleviate this problem. And it has recently proposed
rules to permit federal thrifts to branch across state lines
(thereby enhancing these institutions' financial health) and
to make more credit available for home construction.
Building on these efforts, the President has asked all
federal agencies with authority over financial institutions
carefully to review their regulatory programs and to
implement additional measures that will promote access to
capital -- both debt and equity -- without weakening the
Nation's financial system.
In addition to these efforts, federal agencies will take the
following administrative steps to improve businesses' access
to capital, and thereby create jobs and enhance economic
growth:
O
Banking Reform. The bank and thrift regulatory
agencies will enhance the ability of banks and thrifts
to raise additional capital by:
-
promptly promulgating a proposed rule permitting
financial institutions to include a greater
percentage of the value of purchased mortgage
servicing rights and credit card relationships as
Tier One Capital;
-
phasing out the supervisory definition of "highly-
leveraged transactions" for banking companies,
which will enhance many businesses' access to debt
capital; and
-
reducing unnecessary regulatory burdens on thrifts
by streamlining application procedures for healthy
institutions and by reducing financial reporting
requirements from twelve to four times per year.
At the same time, the FDIC will implement the new risk-
based premium system ahead of the deadline authorized
by last year's banking legislation, and in a manner
that provides clear guidance to banks and does not
arbitrarily expand bank examiners' discretion. Healthy
banks should be rewarded with lower premiums, which in
turn can generate new lending to help fuel the economy
without endangering the FDIC's insurance fund.
o
Securities Reform. The Securities and Exchange
Commission will undertake to simplify registration
- 2 -
requirements, reduce costs, and improve access for
small businesses seeking capital from securities
markets by proposing rules to:
-
increase the maximum size for public offerings
under the streamlined procedures of SEC Regulation
A from $1.5 million to $5 million;
-
create a simplified securities registration form
designed for easy use by small businesses; and
-
reduce regulatory paperwork under the Investment
Company Act and expand the number of companies
eligible for investment by Business Development
Companies and Small Business Investment Companies.
Clarification of Lender Liability Under Superfund.
Businesses often have difficulty obtaining loans for
many projects because of a fear on the part of banks⁻
that they will be saddled with liability under the
federal Superfund law for environmental damage done by
their borrowers. To alleviate these concerns and
thereby improve the lending climate nationwide, the
Environmental Protection Agency (EPA) will promulgate
Superfund. its final rule clarifying lenders' liability under
These steps will provide billions of dollars in
additional capital to the Nation's economy.
B.
Creating A Better Climate For Small and Emerging Businesses.
Many regulations have a disproportionate impact on small
businesses, which account for a large percentage of domestic
employment and have a disproportionate impact on economic
growth. The President has therefore asked all major federal
regulatory agencies to examine their existing regulations
and weed out or modify those that impose an undue economic
burden on small business.
The following steps, which will be taken by the appropriate
agencies during the next 30 days, are examples of the kinds
of actions the Administration will take during the next few
months to spur the growth of small and emerging businesses:
o
Payroll Tax Reform. One of the barriers to increased
employment and higher economic growth is the payroll
tax system, which imposes billions of dollars per year
in compliance costs. This burden falls
disproportionately on small and emerging businesses.
To reduce this burden, the Administration strongly
supports certain features of the payroll tax
simplification legislation now pending in Congress.
- 3 -
-
The proposed legislation (H.R. 2775 and S. 1610)
would substantially simplify the payroll tax
system, reduce uncertainty, and reduce the number
of payroll tax deposits that small employers must
make.
In addition, the Department of Treasury, in cooperation
with the Department of Health and Human Services, will
reduce the economic burden of the payroll tax system
by:
-
establishing a single wage reporting system that
will eliminate the need for employers to make
multiple federal and state filings;
-
establishing a voluntary program that will allow
businesses to verify tax information (such as
employee social security numbers) by a simple
telephone call, thus eliminating burdensome
-
paperwork and correspondence with the IRS;
-
establishing a voluntary electronic payment system
that will allow employers, at their option, to
make payroll tax contributions directly from the
employer's bank account to a designated Treasury
account, thereby eliminating substantial paperwork
costs; and
-
through the IRS's Compliance 2000 program, helping
small and emerging businesses voluntarily meet
their obligations through clearer guidance and
increased taxpayer assistance, education and
outreach efforts, thus reducing the need for
after-the-fact enforcement.
o
Trucking Reform. Many businesses rely heavily upon
trucks to carry their goods to customers. To reduce
the costs of truck transportation, and to reduce
regulatory burdens on some 52,000 mostly small
owner/operators currently regulated by the federal
government, the Interstate Commerce Commission will
begin or complete rulemaking proceedings to:
-
further deregulate motor contract carriage by
repealing the regulatory definition of "contract"
and relying instead upon the statutory definition;
-
abolish the requirement that trucking companies
keep a unique set of "regulatory" accounting books
and in addition to standard financial and tax records;
- 4 -
-
deregulate truck transportation in large
metropolitan areas by expanding "commercial
zones. If
Together, these steps will eliminate billions of
dollars a year in regulatory costs, thereby making
American businesses more competitive and increasing
employment.
II. REGULATORY REVIEW
The above initiatives are examples of reforms the Administration
will implement as a result of an intensive, 90-day review
launched today by the President. The review will be coordinated
by a working group of the Council on Competitiveness, chaired by
Council of Economic Advisers Chairman Michael J. Boskin and
Counsel to the President C. Boyden Gray. The review will proceed
as follows:
O
In accordance with the President's request, the heads of the
major federal regulatory agencies will set aside a 90-day
period to review regulations and programs that may hinder
economic growth, and to identify and accelerate action on
initiatives that will reduce the burden of existing
regulations or otherwise promote economic growth.
During this 90-day period, each agency will work with other
agencies and the Council on Competitiveness to identify
regulations and programs that significantly reduce jobs or
otherwise impose a significant burden on the economy. Each
such regulation or program will be carefully reviewed to
determine whether it satisfies five requirements:
-
the expected benefits to society should clearly
outweigh the costs to society;
-
the regulation should be fashioned to maximize net
benefits to society;
-
to the maximum extent possible, the regulation should
rely upon performance standards instead of prescriptive
command-and-control requirements;
-
to the maximum extent possible, the regulation should
rely upon market mechanisms;
-
the regulation should provide clarity and certainty to
the regulated community and should be designed to avoid
needless litigation.
To the extent permitted by law, and as soon as possible,
each agency will propose administrative changes that will
bring each of its existing and proposed regulations into
- 5 -
conformity with these standards. Each agency will report
the results to the President.
O
Where statutes impose regulatory requirements that do not
conform to the standards discussed above, agencies will
prepare draft legislation to bring the law into compliance
with those standards.
O
The head of each agency will designate a senior official to
serve as a permanent regulatory oversight official. This
official will have responsibility for conducting the
comprehensive review, implementing the resulting proposals,
and ensuring that new regulations comply with the standards
discussed above.
O
To the extent permitted by law, and without imperiling
health or safety, each agency will refrain from proposing or
issuing new regulations and programs that retard economic
growth, while accelerating development and implementation-of
those that promote economic growth.
# # #
- 6 -
THE WHITE HOUSE
Office of the Press Secretary
EMBARGOED FOR RELEASE
AND WIRE TRANSMISSIONS
UNTIL 9:00 PM (EST)
TUESDAY, JANUARY 28, 1992
THE PRESIDENT'S STATE OF THE UNION ADDRESS
FACT SHEET
The President in his State of the Union Address spoke about
America's unique place in the world and about his plans for
restoring growth in America's economy. He challenged the
Congress to pass his economic growth package by March 20.
Previously, the President had identified five tests for
evaluating proposals for restoring economic growth:
Does the proposal stimulate the investment necessary
to create jobs?
Does it bolster real estate values and increase home
sales?
Does it give Americans confidence they will be able
to afford the cost of raising a family, including
meeting their education and health care expenses?
Does it increase America's capacity to compete in the
global economy?
Does it control wasteful government spending and work
to reduce the Federal deficit?
The President's agenda meets these tests. In his State of the
Union address, the President outlined three broad themes:
Securing a New World Order;
Getting and the Economy Moving: The Short-Term Agenda;
Securing America's Future: The Longer-Term Agenda.
President. The following is a summary of the initiatives announced by the
-2-
I. SECURING A NEW WORLD ORDER
The President noted the historic American victory in the Cold
War, and paid tribute to the "roll call of honor" -- the long
list of servicemen and women who fought faithfully for freedom.
He also acknowledged the role of the American taxpayer in
bearing the brunt of the burden of providing resources to fight
the Cold War. While threats still exist, the President
observed that Operation Desert Storm demonstrated the good that
can come from the "prudent use of power".
The President said that, with Communism gone, plans for cutting
military spending can be accelerated. He announced that he has
approved an additional $50 billion in defense savings through
fiscal year 1997.
The President has told President Yeltsin that the United States
is prepared to respond in kind if Russia éliminates all land-
based multiple warhead ballistic missiles and reduces its,
strategic nuclear forces. Specifically, the United States
would eliminate all Peacekeeper missiles and reduce the number
of warheads on Minuteman missiles to one. We would also reduce
the number of warheads to be deployed on our Trident submarine
force by about one-third and would convert a substantial
portion of our strategic bombers primarily to conventional use.
The President also announced the following steps that the
United States will take unilaterally:
A.
Limiting Production of the B-2 Bomber.
After completing the 20 B-2 stealth bombers for which airframe
procurement has begun, we will stop further production. There
were 75 B-2 bombers in the previous plan. Because of the
changes in the Soviet threat, America's strategic bomber force
is less likely to face the sophisticated air defenses for which
the B-2 was designed. Current bomber forces, including B-1B
and B-52 aircraft, can be adapted to ensure adequate
capabilities for strategic nuclear and conventional missions.
Proposed savings are $14.5 billion through 1997.
B.
Cancelling the Small ICBM Program.
The small ICBM will be terminated. The guidance system for
existing Minuteman III missiles will be improved and the
service life of these missiles will be extended. Projected
savings are $1 billion through 1997.
-3-
C.
Ceasing Production of New Warheads for Sea-Based Ballistic
Missiles.
The Department of Energy will cease production of W-88 warheads
for Trident missiles. This will be the first time since 1945
that the United States has no nuclear weapons in production.
D.
Halting Purchases of Advanced Cruise Missiles.
Procurement will be terminated after 1992 at a total of 640
missiles, instead of the planned 1,000 missiles. This reflects
reductions in the strategic target base and in the strategic
threat. Projected savings are $1.3 billion through 1997.
E.
Stopping New Production of Peacekeeper Missiles.
For the second year in a row, the President will recommend no
funds for the production of additional Peacekeeper missiles.
The President noted that he has consulted on these cuts with
the Joint Chiefs of Staff and is acting on the recommendation
of Secretary Cheney. He observed that, with the proposed cuts,
by 1997 we will have reduced defense expenditures by thirty
percent since he took office. The President underscored his
resolve to resist further reductions as inconsistent with
America's security interests and world leadership
responsibilities. He declared that "as long as I am President
we will continue to lead in support of freedom everywhere."
II. GETTING THE ECONOMY MOVING: THE SHORT-TERM AGENDA
The President declared that "we can bring the same courage and
sense of common purpose to the economy that we brought to
Desert Storm. And we can defeat hard times together." He
America back to work. He is taking several actions on his own
identified a series of immediate actions necessary to get
authority. Other actions require the cooperation of Congress.
A.
Actions the President Is Taking on His Own Authority.
The President has previously proposed several major growth-
oriented legislative initiatives, such as his banking reform
and energy bills, and he has urged the Congress to act on them.
There is, however, much the Administration can and will do on
its own to promote economic growth. For example, the
Administration will continue to take steps to alleviate the
-4-
credit crunch. Similarly, it will continue to cut back
excessive and misguided regulations that impose a large burden
on the economy -- a hidden tax on American households in the
form of higher prices for goods and services.
1.
Regulatory Review.
The financial services reforms, tax proposals, and other
regulatory initiatives listed below are just part of the
intensive 90-day period of review and reform launched
tonight by the President.
The heads of the major Federal regulatory agencies
will undertake a 90-day review of regulations and
programs that may hinder economic growth and will
identify and accelerate action on initiatives to
reduce the burden of existing regulations or
otherwise promote economic growth.
To the extent permitted by law, each agency will
refrain from proposing or issuing new regulations and
programs that retard economic growth. This
moratorium will be implemented without undermining
health and safety and will not prevent compliance
with statutory or judicial deadlines.
2.
Alleviating the Credit Crunch.
The President is continuing his efforts to ensure that
creditworthy businesses and individuals have access to
funds for productive investments. Federal agencies are
taking the following administrative steps to increase the
availability of capital throughout the economy:
The Administration is proposing to remove certain
geographic institutions. restrictions on Federal thrift
the ability of banks and thrifts to raise additional
The bank and thrift regulatory agencies are enhancing
capital by, among other things, removing certain
restrictions on the assets that institutions can
count as "Tier One" capital.
The FDIC will implement ahead of schedule the new
risk-based premium system for deposit insurance.
Healthy banks will be rewarded with lower premiums
-5-
which, in turn, can help generate new lending without
endangering the FDIC's insurance fund.
The Securities and Exchange Commission will shortly
propose rules to simplify registration requirements,
reduce costs, and enhance the ability of small
businesses to obtain capital from securities markets.
To alleviate the concern of lenders that they will be
saddled with liability under the Superfund law for
environmental damage done by their borrowers, the
Environmental Protection Agency will promulgate its
final rule clarifying lenders' liability under
Superfund.
3.
Accelerating Agency Pro-Growth Initiatives.
The President has directed every cabinet Department and
agency to get funds into pro-growth initiatives as quickly
as possible. This should put an extra $10 billion into
the economy in the next 6 months. As part of this effort,
he has directed the Department of Transportation to
disburse quickly to state and local governments funds for
highway and transit projects authorized by the recently
signed Surface Transportation Act.
4. Reforming Federal Income Tax Withholding.
The Treasury Department will adjust IRS withholding tables
to reduce the amount of over-withholding on low- and
middle-income wage earners.
This change will increase take-home pay by $300, on
average, for more than 90 million wage earners.
Increases will range from around $175 for single
individuals to more than $600 for two-income
families.
This change will increase wage earners' take-home pay
by about $25 billion in the coming year.
This change is permanent. Over-withholding has crept
into the system over time.
More than 85 percent of taxpayers currently receiving
refunds will continue to receive refunds, although
smaller ones.
-6-
Later this year, the IRS will contact those taxpayers
who could owe tax, or additional tax, as a result of
this change. The IRS will advise these taxpayers how
to adjust their withholding to avoid owing the
government money in April.
Wage earners can elect not to change the amount
withheld from their paycheck by reducing the
withholding allowances they claim with their
employers.
5.
Reforming The Federal Payroll Tax System.
One of the barriers to increased employment and higher
growth -- particularly of small and emerging businesses -
- is the payroll tax system, which imposes billions of
dollars per year in compliance costs. In addition to
supporting tax simplification legislation now pending in
Congress, the Department of the Treasury, in cooperation
with the Department of Health and Human Services, will
reduce the economic burden of the payroll tax system by
abolishing and modifying requirements and procedures that
needlessly increase employer costs.
6. Supporting Sound Monetary Policy.
The President pledged that his Administration would
"continue to support monetary policy that keeps both
interest rates and inflation down." The rate of inflation
was 3.1 percent in 1991, the second-lowest level since
1967, and interest rates are now at their lowest level in
two decades.
B.
Actions That Require the Cooperation of Congress.
The President proposed a number of steps to encourage increased
job-creating investment and saving and promote economic growth
while maintaining budget discipline. Some of these measures
are designed to have an immediate impact, while others are
intended to provide a more permanent increase in the Nation's
investment in productive assets.
1.
Encouraging Investment and Saving.
To encourage increased investment and saving, the
President proposed changes in the Tax Code.
-7-
Creating an Investment Tax Allowance. To stimulate
an immediate increase in investment in productive
assets, the President proposed an additional 15
percent first-year depreciation allowance for certain
property acquired between February 1 and December 31,
1992, and placed in service by June 30, 1993.
:
The additional depreciation allowance applies
for both regular and alternative minimum tax
purposes.
--
The additional allowance applies to machinery,
equipment and the like (so-called "Section 1245
property").
--
A taxpayer's basis in qualifying property is
reduced by the amount of the investment tax
allowance.
Simplifying and Enhancing Alternative Minimum Tax
Depreciation. The President proposed a permanent
modification to the alternative minimum tax (AMT)
rules that would simplify the law and provide
additional investment incentives.
Firms that pay taxes under the AMT currently receive
less tax benefit from depreciation than other firms.
The President proposes to repeal the "adjusted
current earnings" (ACE) depreciation adjustment for
firms placing new equipment in service on or after
February 1, 1992. The current depreciation
adjustment used to compute the ACE penalizes capital-
intensive companies, such as airlines, chemicals,
paper, motor vehicles, and steel when they buy
equipment to modernize, expand capacity or meet the
challenge of international competition.
2. Stimulating the Real Estate Market and Home Ownership.
The President called for enactment of several proposals
affecting real estate. These proposals, coupled with
other elements of the President's economic growth plan and
the availability of low mortgage interest rates, will
bolster residential and commercial real estate values and
assist low- and middle-income families in buying homes and
meeting their housing needs.
-8-
Providing a Temporary Tax Credit for First-Time
Homebuyers. The President has proposed a temporary
tax credit for first-time homebuyers.
--
The credit would be 10 percent of the purchase
price of a home, up to a maximum of $5,000.
--
Half the credit would be allowed in the year the
residence is purchased (1992) and half in the
succeeding year (1993).
--
The tax credit would be effective for homes
purchased 1992. between February 1 and December 31,
--
A "first-time homebuyer" would include any
individual not owning a home during the previous
three years.
Using IRAs for First-Time Home Purchases. The
President also proposed to waive the 10 percent
penalty for withdrawals from Individual Retirement
Accounts for first-time homebuyers.
-- Amounts up to $10,000 could be withdrawn from
Individual Retirement Accounts for a first-time
home purchase. If both spouses have IRAS, each
can make withdrawals, so the total can be as
high as $20,000.
Modifying Certain Passive Loss Rules Affecting Real
developers actively engaged in the real estate
Estate Developers. The President proposed allowing
business to offset non-rental income with rental
losses from properties they developed.
:
Under the "passive loss" rules, rental losses
can only offset "passive" income.
:
As a result, many real estate developers cannot
use rental losses from properties they have
developed to offset income from other profitable
parts of their business.
3. Cutting the Capital Gains Tax Rate.
To encourage investment for a more competitive America,
the President proposed a permanent exclusion of up to 45
percent of the capital gain on the sale of an asset,
-9-
resulting in a maximum tax rate on long-term capital gains
of approximately 15 percent.
The proposal would be phased in over three years.
Eventually, only assets held for at least 3 years
would qualify for the 45 percent exclusion; assets
held between 2 and 3 years would qualify for a 30
percent exclusion; assets held between 1 and 2 years
would qualify for a 15 percent exclusion.
In general, all capital assets held by individuals,
except collectibles, would be eligible for the
capital gains exclusion. Corporations would not be
able to claim the exclusion.
4. Extending Federal Unemployment Benefits.
The President is proposing legislation to make two changes
to the emergency unemployment compensation program enacted
on November 14, 1991. First, the expiration date of the
program would be extended for five additional months of
benefits. Second, the President is proposing to enable
all states to pay an additional 13 weeks of benefits
through June 13, 1992. The President asked the Congress
to work with him and act immediately.
III. SECURING AMERICA'S FUTURE: THE LONGER-TERM AGENDA
The President stated that "we need long term improvement in our
nation's economic position." He proposed the following steps
to "guarantee our future."
A.
Expanding Trade and Opening Markets for American Exports.
Open markets around the world mean expanded export
opportunities for U.S. entrepreneurs, greater profits for
all Americans.
choices for our consumers, and a better standard of living for
businesses, new jobs for our workers, lower prices and greater our
1. Concluding the Uruguay Round GATT Negotiation.
A successful conclusion to the Uruguay Round will:
Reduce tariffs and non-tariff barriers by a third,
over the next decade;
thereby pumping $5 trillion into the global economy
-10-
Sharply cut the theft of America's best ideas, now
estimated at $60 billion annually through the
infringement of our patents and copyrights, and the
counterfeiting of our trademarks;
Create new opportunities for America's service
industries, which export $115 billion annually and
create 90 percent of our new jobs; and
Expand trade for American farmers, who are already
the world's most productive, with more than $40
billion in annual exports.
2. Negotiating a North American Free Trade Agreement.
The negotiations now underway on a free trade area
throughout North America will create one of the world's
largest markets, with 360 million producers and consumers
and $6 trillion in annual output. Partly due to the
promise of the free trade area, U.S. exports to Mexico
have doubled since 1986, creating 320,000 additional jobs.
3.
Implementing the Enterprise for the Americas
Initiative.
President Bush introduced the Enterprise for the Americas
Initiative in June 1990 to promote continued growth and
stability throughout the Western Hemisphere. The
Initiative stimulates economic reform by encouraging open
markets for both trade and investment, and by helping to
reduce debt burdens in the region. Congressional action
is needed to implement this initiative.
B.
Revolutionizing American Education.
The President stated that "we must revolutionize America's
schools,' and how we care for our children outside the schools.
He emphasized the importance of the parental choice proposals
contained in his AMERICA 2000 strategy. He called for giving
teachers more flexibility in spending Federal monies and
helping communities create break-the-mold New American Schools.
Since it was launched in April 1991, 30 states and over 1,000
communities have joined the AMERICA 2000 crusade to help move
education goals.
the country community-by-community toward the six national
-11-
In his 1993 budget, the President is proposing the largest
increase for any Federal discretionary program for the
Department of Education -- bringing it to a level 42 percent
above FY 1989 discretionary spending.
C.
Investing in Research, Development and Technological
Innovation.
The President declared that "we must make common sense
investments that will help us compete, long term, in the
marketplace.'
1. Encouraging Private Research and Development.
The President proposes to make permanent the current 20
percent research and experimentation credit and extend the
current research and experimentation sourcing rules
through December 31, 1993.
2. Increasing Federal Support for Emerging Technologies.
Investments in research and development form the
foundation for the exploration of all of the new frontiers
of today and tomorrow. The President's budget proposes
$76.5 billion in research and development expenditures for
1993. This funding will support investments to expand the
frontier of knowledge in such areas as biotechnology,
materials science, and high performance computing.
D.
Combatting Violent Crime.
The President's plan for building strong neighborhoods supports
his serious, all-out assault on crime and drug abuse. He noted
that violent crime "saps our strength and hurts our faith in
our society, and in our future together."
The President called upon Congress to pass his comprehensive
crime bill which, he said, is "tough on criminals and
supportive of police." The proposed Comprehensive Violent
Crime Control Act's key elements include:
An enforceable Federal death penalty;
Reform of habeas corpus procedures;
Reform of the exclusionary rule; and
-12-
Enhanced penalties for crimes committed with a
firearm.
E.
Expanding Opportunity for Individuals and Families.
1.
Increasing Home Ownership: Homeownership and
Opportunity for People Everywhere (HOPE).
The President challenged Congress to fund fully his HOPE
proposals.
HOPE offers opportunities for homeownership and
resident management of public and assisted housing.
The program also includes "Shelter Plus Care" to
provide help to those homeless who need support
services, such as mental health care, to achieve
dignified and independent lives.
The President's budget proposes an increase of 102
percent in the HOPE program, to a level of $4.8
billion. Over the past three years, Congress has cut
funds requested by the President for HOPE by more
than $300 million.
2. Creating Job Opportunities: Enterprise Zones.
The President called on Congress to pass his Enterprise
on July 26, 1989.
Zones legislation, which he first transmitted to Congress
The Enterprise Zones initiative would target tax
incentives and regulatory relief to some of the
nation's most economically depressed areas.
Under the President's proposal, 50 areas would be
chosen to become enterprise zones. In these zones,
workers would receive tax credits against their
income taxes, capital gains would be eliminated on
investments, and expensing rules for capital
investments would be liberalized.
3.
Mortgage Revenue Bonds.
Extending Tax Preferences for Low-Income Housing and
The President proposed to extend the low-income housing
tax credit and the authority for state and local
-13-
governments to issue mortgage revenue bonds through
December 31, 1993.
4. Investing in Our Children.
The President asked for support for his proposal to fund
Head Start at record high levels.
The President's fiscal year 1993 budget proposes $2.8
billion in funding for Head Start, the largest
increase ($600 million) in the program's history.
The President's proposal would allow the
comprehensive pre-school program to serve more than
779,000 low-income children, which includes all
eligible four-year-olds whose parents choose for them
to participate.
The President's 1993 budget requests over $100
billion for programs that help children, including
Head Start. This represents a 66 percent increase
since 1989.
F.
Reforming our Health Care System.
The President called for reforming our health care system. He
rejected a government takeover of the health care system, or
plans that would:
Deny patient choice in picking a health plan;
Ration health care services;
Burden small business with expensive new mandates; or
Require tax increases.
The President announced that he will propose a plan to reform
our health care system that would:
Preserve and increase the idea of choice.
Make basic health care insurance affordable for low-
income people not now covered, through a transferable
health insurance credit (voucher) that would be as
large as $3,750 per family;
jobs; Provide insurance security for workers moving between
-14-
Bring costs under control;
Help middle-class Americans pay for health insurance
with a tax deduction; and
The full details of the President's comprehensive health care
plan will be presented within the next two weeks.
G.
Controlling Federal Spending.
The President announced several initiatives to bring Federal
spending under control by building on the budget discipline
imposed by the Budget Enforcement Act of 1990.
1. Freezing Domestic Discretionary Budget Authority.
The budget authority in the President's 1993 Budget will
be at the level of 1992 budget authority -- a nominal
freeze on discretionary spending. Because of savings on
will decrease.
defense expenditures, total discretionary budget authority
2. Capping the Growth of Uncontrolled Spending.
The President proposed establishing a mechanism to control
the automatic growth in spending for existing entitlement
and other mandatory programs.
3.
Freezing Federal Employment for Non-Defense Agencies.
Total full-time equivalent positions in non-defense
agencies for 1993 will not exceed the 1992 level. Because
of defense employment reductions, the Federal workforce
will shrink by almost 4 percent.
4. Terminating Federal Programs.
The President presented Congress with a list of 246
Federal programs that do not deserve funding and asked
Congress to abolish them. The total savings would be
almost $5 billion in fiscal year 1993.
-15-
5. Adopting a Line-Item Veto.
The current budget process encourages special interest
spending. The President should have the power to defend
the general interest by striking from appropriations
interests. legislation any provisions that reflect only narrow
6. Ending Unfinanced Federal Government Mandates.
The President asserted that Congress should pay for any
mandated policies, programs, or activities that it imposes
on our cities, counties, or states.
H. Enacting Bold Reform Proposals.
The President challenged Congress to enact four major reform
proposals still awaiting Congressional action -- bank reform,
civil strategy. justice reform, tort reform, and his national energy
I.
Strengthening the Family.
The President declared that "we must strengthen the family --
because future." it is the family that has the greatest bearing on our
1.
Families. Establishing a Commission on America's Urban
The President announced he will establish a new Commission
on America's Urban Families, to identify ways to "keep
families together, strong and sound."
2.
Easing the Financial Burden on Families.
The President urged Congress to:
Raise the Personal Exemption for Children. To help
families with children, the President proposed
increasing the personal exemption for dependent
children, effective October 1, 1992. The exemption
would inflation. be increased by $500 and would be indexed for
-16-
Allow the Deduction of Interest on Student Loans.
The President proposed allowing families to deduct
the interest they pay on student loans.
-- The deduction would be permitted for interest
incurred in financing higher education and
training for the taxpayer and his or her spouse
and children.
Allow IRAs to be Used for Medical and Educational
Expenses. The President proposed allowing penalty-
free withdrawal of IRA funds for qualifying medical
and educational expenses.
3.
Reforming the Welfare System.
The President pledged to help any state attempting to
reform its welfare system to promote individual
responsibility by making it easier to obtain quickly any
waiver of Federal regulations that may be required.
J.
Moving Forward.
The President reminded Americans that we are "the freest nation
on earth -- the kindest nation on earth -- the strongest nation
on earth, but recognized that we can do even more. He also
America.' reminded us that "if we can change the world, we can change
THE WHITE HOUSE
Office of the Press Secretary
Embargoed for Release
Tuesday, January 28, 1992
Until 9:00 p.m. EST
HIGHLIGHTS OF THE PRESIDENT'S GROWTH AGENDA
*
The President has a plan to address both the short-term
and the long-term problems facing the economy.
-
*
For the SHORT TERM, the President's plan will get the
economy moving again:
1.) Executive Actions:
-
Cutting back on excessive withholding and
acceleration of already planned Federal spending
will pump more money into the economy now.
-
Curbing regulation will enhance growth; and
responsible banking regulation will ease the
credit crunch.
2.) Congressional Actions: CONGRESS SHOULD PASS THE
PRESIDENT'S PLAN BY MARCH 20th.
Protecting Real Estate Values:
-
The $5,000 tax credit and penalty-free IRA
withdrawal for first-time homebuyers, and allowing
deductions for losses on personal residences will
spur home sales.
-
Modified passive loss rules and encouraging
pension investments in real estate will help stop
the slide in real estate.
Increasing Job-Creating Investments:
-
Cutting capital gains taxes to a top long-term
rate of 15.4%.
-
The new 15% Investment Tax Allowance and better
treatment of depreciation under the Alternative
Minimum Tax will give industry a strong incentive
to invest in productive equipment.
*
For the LONG-TERM, the President outlined nine steps
designed to guarantee that America continues to lead
the world of the future:
1.) Trade: Opening Up Foreign Markets to U.S. Exports: By
working to reduce or eliminate tariffs and subsidies,
and through negotiation of the North American Free
Trade Agreement.
2.) Reforming and Investing in Education: By promoting
choice, passing the America 2000 initiative, and
providing the Department of Education with the largest
THE PRESIDENT'S GROWTH AGENDA
Immediate ,1
Ma:
(6) Pro-family Incentives
Flexible IRA
(1) Executive Actions
Penalty-free withdrawal for health/
Withholding adjustment
education/first home purchase
Regulatory Relief
Student loan interest deduction
Spending acceleration
Personal exemption increase
Monetary policy
($500 per child)
Health Reform
(2)
Investment Incentives
Capital gains
(7)
Comprehensive Health Reform
15% Investment Tax Allowance
The President's Plan
Modified AMT
Health Insurance Market Reform:
Pooling
(3)
Real Estate Incentives
Guaranteed issue/coverage
$5,000 tax credit (first home)
Health Insurance Networks
Modified Passive Loss Rule
Health Insurance Tax Credit/Deduction
Penalty-free IRA withdrawal
Cost-effectiveness/containment measures
Loss deduction for personal residences
Coordinated care incentives
Capital gains
Prevention
Intermediate and Long-Term Agenda:
(8) Budget Discipline
Orderly cut in Defense
(4)
Investment in the Future
Domestic discretionary freeze
R&D (record level $76.6 billion)
Personnel freeze
Infrastructure (record level)
Program and project eliminations
Head Start ($2.8 billion)/
Mandatory cap and subsidy cap
Children (over $100 billion)
BEA extension
Prevention (record level)
Management initiatives
Education (record level
44% above FY '89)
Unfinished Reform Agenda (still before the
Math & Science Initiative (69% above FY '89)
Congress):
Anti-crime/drug abuse (record level
$28.5 billion)
(9)
America 2000 (Education Reform)
Job Training 2000
New American Schools
Weed & Seed ($500 million)
Choice
Enterprise Zones
National Goals/America 2000 Communities
HOPE
Mortgage revenue bonds
(10) Financial Sector Reform
Low-income housing credit
(11) Legal Reform
(5)
International Market Expansion
Tort reform
GATT
Malpractice reform
North American FTA
Civil justice reform
Enterprise for the Americas
Continued bilaterals
(12) National Energy Strategy
Talking Points:
THE PRESIDENT'S GROWTH AGENDA: EFFECTS ON THE ECONOMY
Economic Growth:
*
The President's plan will add hundreds of billions of
dollars of goods and services to the nation's output over
the next five years. 1
Jobs:
*
By the end of this year alone, the President's Plan will
create 500,000 more jobs than would otherwise be created --
and many more in the years following that.
Home Sales:
The President's proposed tax credit of up to $5,000 for
first-time homebuyers is itself is projected to enable
up to a quarter of a million additional Americans to buy
their first home in 1992.
Asset Values:
*
Enactment of the President's Plan will increase the value of
assets held by Americans, including real estate, by hundreds
of billions of dollars.
1
Note: Enactment of the President's Plan would increase the economy's
of almost 1/2 of a percentage point per year to the real growth rate of
growth rate by 25 percent over the next five years -- adding an average
the economy relative to the "business as usual" baseline, which includes
the Administration's spending acceleration proposal, reduced income tax
witholding proposal, and other administratively discretionary actions.
Talking Points
THE STATE OF THE UNION:
The President hit a home run tonight. He was Presidential,
compound, d, and decisive.
He looked and sounded like the leader of the free world:
-
"The cold war didn't end, it was won."
The President separated himself from the pack of pretenders
with his vision for the new world order:
-
"Strength in the pursuit of peace is no. vice;
isolationism in the pursuit of security is no virtue."
The President demonstrated the same resolve on the economy
as he did on the liberation of Kuwait:
-
"This will not stand."
The President's plan had all the elements:
-
A response to the changing world ($50 billion defense
cut) ;
-
Help for homebuyers and real estate ($5,000 tax credit,
penalty-free withdrawal, deduction for loss on
residence) ;
-
Incentives for investment to create jobs (cap gains,
investment tax allowance, AMT reform, enterprise
zones) i
-
Tax relief for families (increase in personal
exemption, deductability of student loans, flexible
IRA, penalty free IRA for medical & education) i
-
-
Investments in the future (R&D, Education, Head Start);
Help for those in need (UI benefit extension) ;
-
budget freeze, personnel freeze) ;
Controlling the size of government (Regulatory review,
-
Opening foreign markets (GATT, NAFTA, Enterprise for
Americas) ;
-
-
Attacking crime (Crime bill, funds for crimefighting)
HOPE, tort reform, banking reform, the National
Dynamic reform proposals (Health care, America 2000,
Energy Strategy, welfare reform).
responsible: Unlike the Democrats' proposals, the President's Plan is
-
It doesn't violate the budget agreement;
-
It doesn't raise taxes;
-
It doesn't cut defense beyond what is reasonable.
The - President set a firm deadline for action from Congress:
After March 20, "if it must be, the battle is joined."
The - President sounded the right confident and hopeful note:
"We are still and ever the freest nation on earth, the
kindest earth." nation on earth, the strongest nation on
State of the Union
January 28, 1992
"There are certain things that a President can do without
Congress, and I am going to do them. I have, this evening, asked
major Cabinet departments and Federal agencies to institute a 90-
day moratorium on any new Federal regulations that could hinder
growth. In those 90 days major departments and agencies will
carry out a top-to-bottom review of all regulations, old and new
-- to stop the ones that will hurt growth, and speed up those
that will help growth.
"Further, for the untold numbers of hard-working, responsible
American workers and businessmen and -women who've been forced to
go without needed bank loans, the banking credit crunch must end.
I won't neglect my responsibility for sound regulations that
serve the public good, but regulatory overkill must be stopped.
And I have instructed our government regulators to stop it."
Philadelphia Chamber of Commerce
January 30, 1992
"The plan that I put before the Congress and the American people
contained several action steps, and one of the most critical was
this: to free up American businesses by clearing away the
obstacles to growth -- high taxes, overregulation and government
deficits."
"We'll undertake a top-to-bottom review we will accelerate any
regulations that encourage growth and the creation of jobs. And
whenever possible, we will scrap those that tie the hands of
businesses and impede growth. I know I have regulatory
responsibilities affecting safety in the workplace, for example;
health, environmental protection. And I will not neglect those
responsibilities.
"But you know as well as anyone how government -- sometimes with
the best of intentions -- can hobble innovation and risktaking,
the lifeblood of a successful business. Government naturally
tends to expand ever outward, its red-tape oblivious to anything
in its path. It touches everyone. Every regulation that reduces
efficiency slaps a hidden tax on the consumer as well
"Small businesses and those just starting up feel the sting of
overregulation most of all. Yet these businesses drive America
forward. They create most of our new jobs. They reinvigorate
our communities. They embody the power of the American dream. I
make this pledge: we will set America's dreamers and doers free
and put an end to regulation overkill."
"I've mentioned this before, but in regulation, again, we have a
responsibility. We don't want to go back to what is known as
forbearance, where we neglect the soundness that is required.
But there is regulatory overkill; the people are afraid, I think,
in some instances in the financial community because of the
excesses of regulation. We're going to try very hard to achieve
a better balance."
"We've proposed another reform, one that is crucial to creating
jobs. America has become the most litigious society on Earth.
Frivolous lawsuits are exhausting our ability to compete. If we
were as good at rewarding success as we are at suing each other,
we would be a century ahead of the rest of the world.
"Lawsuit madness gums everything up. Needed new products never
reach the marketplace because of concerns over liability. In
many areas, businesses are forced to either drive prices into the
stratosphere -- or literally close shop."
"My Competitiveness Council, that's chaired by the Vice
President, Vice President Quayle, has offered 50 concrete
recommendations to restore sanity to our civil justice system.
I've enacted some of the recommendations by Executive Order.
Others, however, require Congress to act. And with all respect,
there are 62 lawyers in the United States Senate, a lot of
lawyers up there on Capital Hill. I realize that might present a
problem, but it also presents an opportunity. And I'd like to
see them move forward now with these changes to cap some of the
outrageous areas of unlimited liability. It's driving our small
businesses right flat into the ground, and costing American
workers jobs."
"For too long, Congress has been violating an important principle
of good government: Do no harm. It's been imposing its own
habits on state and local governments -- and the taxpayer ends
up, as you may all know, by footing the bill. These unfinanced
Federal government mandates, as they're called, require the
cities, require the states to provide new services or institute
new programs -- but the Congress doesn't provide the money to pay
for them. That means the local governments must pass along
Congress' wish list to the taxpayer in the form of higher taxes
at the local level. Now, the National Governor's Association --
made up, obviously, of Republicans and Democrats -- continually
urges Congress to stop these mandates, which are killing
innovation, killing savings at the state and local level.'
National Grocers Association
Orlando, Florida
February 4, 1992
"In the meantime, I've initiated some reforms that will get the
economy moving without having to wait for Congress to act. I've
imposed a 90-day freeze on federal regulations that can hinder
growth. And during that period, all departments and agencies
will review regulations, old and new, and when possible, stop the
ones that will hurt growth and speeds up those that will help
growth.
"I see from your convention schedule that you have a workshop
entitled 'The Regulators are Back.' No wonder. You can't get
through a day without having to worry about what some regulator
is going to do through some thoughtless regulation. Regulations
may have stated aims as wholesome as Mom and apple pie. But you
know better than anyone that when regulators carry that
regulation too far, there won't be any apple pie for Mom to buy.
"I ran a Council on deregulation for eight years as Vice
President. And I am here to assure you, we've not lost the
spirit of deregulation. I want you to be able to spend your time
working on what you can do for your customers rather that
fretting about what some regulator might do to you. And I'm
fighting hard against the epidemic of lawsuits. The costs and
delays in the legal system are a hidden tax on every single
American consumer, on every business transaction in America.
"And that's why I am sending to Congress today a reform bill --
the Access to Justice Act of 1992. And my reform proposal will
give Americans cheaper and easier alternatives to trial. And my
plan will halt needless lawsuits by making changes in the way
some attorney's fees are awarded. And let's stop america's love
affair with the lawsuit. If we're as good at rewarding success
as we are at suing each other, we'd be way ahead of the rest of
the world. I might say parenthetically, health care costs would
be an awful lot lower if we didn't have a lot of frivolous
lawsuits going after these doctors for malpractice.
"One of the great lessons of our times is this: Freedom and
cooperation work, big government doesn't. And after 70 years,
the new leaders in Moscow recognize that total government
regulation produces only one thing: total failure. And now, the
Russians -- I had a fascinating visit with Boris Yeltsin up on
Camp David on Saturday -- the Russians want to try something
different -- like grocery stores with food on the shelves. This
man's put into some tough reforms there. Got to stay with him.
Got to help him make them work.
"Isn't it ironic at the exact same moment the world is turning to
our values of more economic freedom and competition, some in the
United States Congress want to go just the opposite way. And
here's an example of the trouble brewing in Congress: That's the
so-called FDA enforcement bill. I'm sure those of you who sell
your own private-label groceries aren't exactly thrilled by the
prospect of more legal and accounting and paperwork burdens. But
that's just what the Congress want to do. Well, let me tell you
in know uncertain terms, the time for over-regulation is over.
And if they send me more legislation with excessive regulation in
it, I'm going to veto it and send it back. It's going right back
up there."
Small Business Legislative Council
Washington D.C.
February 5, 1992
"These, as I say, don't need Congressional approval. A couple of
initiatives have earned kudos from this crowd. First, I have
ordered major departments and agencies to put a 90-day hold on
new regulations. Regulations ought to foster economic growth,
not crush it. And we're going to make sure that the days of
overregulation are over once and for all.
"So we're going to take a fresh look at rules and regulations
Washington hurls your way. We'll get rid of those that do
nothing more than destroy jobs and weigh down businesses. And in
this, we will pick some that will speed up and foster growth and
support jobs. We're going to emphasize those regulations.
"But that's not all. We also declared war on nuisance lawsuits.
Yesterday I announced the Access to Justice Act of 1992. That
bill will give Americans less expensive and easier alternatives
to trial. Let them solve problems out of court. And we've got
to stop America's long liaison with the lawsuit. If we were as
good at rewarding success as we are at suing each other, this
country would be a lot better off.
San Diego Rotary Club
February 7, 1992
"We must reform medical malpractice litigation. Today we have
too many malpractice suits driving up the costs for a doctor, a
nurse, or a hospital stay. And I might say parenthetically this
malpractice suit is just a symptom of what's happening all across
the business spectrum in this country and in the eleemosynary
area, like in the little league. We've got too darn many
lawsuits out there, very candidly. A recent study found that--
listen to this one--that in 1989 the cost of defensive medicine,
just for physicians' expenditures to be over $20 billion, or
nearly 18% of their total costs.
"I don't want to get in trouble with the Bar Association--but I
once quoted to someone that line, "An apple a day keeps the
doctor away. He says, what works for lawyers?" But this is a
very serious point, and here's what will work for America: let's
spend as much time building a better health system as we do
wrestling with our legal system. We'd do better caring for each
other if we stop solving problems by suing each other."
State Legislature of New Hampshire
February 12, 1992
"We put a stop order on new federal regulation. We've begun a
90-day review -- 90 days to take a hard look at regulations that
hurt more than they help. The day of overregulation is just that
-- over.
"We declared war on frivolous lawsuits. If this country rewarded
success as easily as we slap on a lawsuit, our economy would be
well on its way."
U.S. Chamber of Commerce
Wahington D.C.
February 24, 1992
In my State of the Union address, I. instituted a 90-day freeze on
federal regulations that affect economic growth -- and I asked
major departments and agencies to carry out an unprecedented top-
to-bottom review of all existing and proposed regulations.
Within those 90 days, we will accelerate new rules that promote
business growth, and whenever possible, halt those that would
impede growth. Already, we've seen results.
Today, for example, I am announcing major new ground rules for
regulation of biotechnology. Bill Reilly, the EPA administrator,
I understand is with you today. He'll have a major
responsibility for making the new rules work to foster economic
growth. This is a $4 billion industry. And it should grow to
$50 billion by the end of the decade if we let it. The rewards
we will reap include new medicines and safer ways to clean up
hazardous waste and a revolution in agriculture. The United
States leads the world in biotechnology, and I intend, through
sensible regulation and, in some instances, deregulation, to keep
it just exactly that way.
We've taken new actions to ease the credit crunch. For example,
for healthy banks, we've changed overly strict definitions of
bank capital -- creating more access to capital. We're cutting
red tape for healthy banks and thrifts. In these tough real
estate markets, we've issued common-sense, realistic valuation
guidelines.
We're making it easier for small business to get capital from
securities markets. We're increasing the maximum for small
public offerings that get simplified handling by the SEC from
$1.5 million, raising that to $5 million. We're cutting
paperwork and we're simplifying securities registration for small
businesses.
We've also cut the cost of compliance with the payroll tax
system. We've cut paperwork and increased access for small
business to electronic payment systems. Instead of heavy handed
enforcement, we're helping small firms meet their obligations.
The few steps that I've just outlined -- I know they're
technical, but these few steps will provide billions of dollars
in additional capital to the nation's economy. But we won't stop
after 90 days. We'll turn up the heat against over-regulation -
- rule by rule and industry by industry.
We'll take the case to capital hill: for every unreasonable
regulation we can't change through executive action, we'll
introduce reform legislation -- and we'll push the Congress to do
its job and put an end to over-regulation. I want the regulators
and the Congress to remember one thing: if it doesn't make
sense, if it hurts the economy, don't do it.
B2.
THE WALL STREET JOURNAL FRIDAY. FEBRUARY 14. 1992
EPA, in a Reversal, Decides to Allow
Broad Use of Carcinogenic Pesticides
By ROSE GUTFELD
Food and Health Policy, a consumer-advo-
Staff Reporter of THE WALL STREET JOURNAL
cacy group, accused the EPA of "protect-
WASHINGTON - The Environmental
ing the economic interest of industry over
Protection Agency has decided to allow the
the health interest of consumers."
widespread use of a class of popular and
But the agency said that the cancer risk
carcinogenic pesticides to resume
from eating fruit or vegetables from the
The agency had proposed banning most
EBDC-treated crops that will be allowed
uses of the pesticides. But it changed its
amounts to about one additional cancer for
position primarily as a result of a $10 mil-
every one million people exposed for a life-
lion. industry-funded survey of grocery
time. The largest remaining agricultural
products that showed the health risk to
uses of EBDC pesticides include apples.
consumers from ethylene bisdithiocarba-
cucumbers, lettuce, melons, onions, pota-
mate. a class of three pesticides, was less
toes, squash, small grains, sweet corn and
than had been indicated by field tests of
tomatoes.
crops.
Use of the pesticide will be banned on
The EPA said that EBDC use will be al-
apricots, carrots, celery. collards, mustard
lowed on 45 crops ranging from apples to
greens. nectarines. peaches, rhubarb. spin-
wheat, subject to certain new conditions.
ach, succulent beans and turnips.
But the agency decided to ban use of the
The EPA is requiring certain restric-
pesticide on 11 other crops. an action with
tions on the use of EBDCs. including re-
an estimated annual cost of $21 million to
ducing the number of treatments allowed
$64 million.
on a single crop and lengthening the time
At a news conference. EPA administra-
between treatment and harvest. Agricul-
tor William Reilly and other officials didn't
ture workers and home gardeners will
rule out the possibility that similar data
have to wear protective clothing. In addi-
might show other pesticides to be less
tion, the EPA suggests that people wash or
harmful than field tests indicate. But they
peel fruits and vegetables before eating.
said that it is up to the chemical manufac-
because residues are mostly found on the
turers to conduct such studies and pre-
surface.
dicted that companies wouldn't necessarily
want to undertake such expensive efforts
for other chemicals. They noted, among
other things. that EBDCs break down
faster than other pesticides, meaning there
was a basis to expect that test results
would differ significantly between the
fields and grocery shelves.
Defending EPA Decision
Moreover, Mr. Reilly defended the
agency's 1989 decision to propose a ban on
EBDCs as a result of the field-test data.
"We have an obligation to regulate conser-
vatively- other words, to err on the side
of safety when we're uncertain about the
extent of risk." he said.
Makers of the chemicals, however, an-
ticipating the restrictions, had voluntarily
halted most uses of the pesticide as of Jan.
1. 1990. The companies. as a result of yes-
terday's action, will be able to resume
EBDC use on most of the crops.
The survey of grocery shelves, which
consisted of almost 6,000 food samples. was
conducted by a task force formed by the
four makers of the chemical: Atochem
North America Inc.; BASF Corp., a unit of
BASF AG: Du Pont Co., and Rohm & Haas
Co. A task force spokeswoman called the
EPA action "good news for American
farmers and consumers."
Decision Draws Criticism
The EPA also based its decision on a
more thorough assessment of animal labo-
ratory studies.
Environmental and consumer groups
criticized the EPA action. Public Voice for
S.E.C. Plan
S.E.C. Head's Plan Seeks
For Small
To Help Small Businesses
Businesses
Continued From First Business Page
second in five days by Mr. Breeden on
closure. changing the rules of corporate dis-
to maintain investor protection and
the quality of disclosure, while cut-
Last Thursday, he announced a
Chief Seeks to Ease
ling costs. reducing barriers and im-
proposal that would require publicly
proving flexibility.
traded companies to provide more
Rules on Stock Sales
Agency officials said the changes
accurate and detailed information to
would probably not take effect for at
shareholders about how much IS paid
least SIX months, following a com-
to executives and directors.
ment period and several hearings.
By STEPHEN LABATON
The commission also ordered com-
These were the main proposals:
panies to give stockholders the right
!Increase to $1 million the amount
to take pay issues to a vote. although
Specialio Times
that can be raised through stock of-
such ballots would not be binding. But
WASHINGTON Feb. !S - Promot-
ferings without registering with Fed-
they are expected to provide a power-
ing the economic agenda of the White
eral or state authorities for "seed
ful incentive to corporate managers
House, Richard C. Breeden. the chair-
money" to start a new company. Ex-
to reconsider their pay policies.
man of the Securities and Exchange
isting law permits new companies to
Commission. proposed measures to-
raise $500,000 without registering,
day to make It cheaper for small
plus another $500,000 that must be
companies to raise money.
registered with state regulators; fur-
The proposals would reduce, and in
ther offerings require registration
some cases eliminate, the public dis-
closure requirements for small com-
Commission. with the Securities and Exchange
panies that issue stock. They would
!Increase to $5 million, from $1.5
also make it easier for mutual funds
million, the amount that can be raised
to invest in small and new businesses.
in limited public offerings that are
Mr. Breeden said the measures
offered mainly to big investors and
were an effort to put into practice the
White House's recent call to "curtail
require less disclosure than regular
offerings.
unnecessary regulatory costs." He
said the changes would also assist
"Allow small companies, generally
those considered to be worth $20 mil-
small companies in obtaining financ-
lion to $25 million, to file less detailed
just as they are having difficulty
quarterly and annual financial disclo-
ng loans from banks hesitatnt to
sures with the commission.
.e new loans because of the
?Make it easier through various
slumping economy
changes for mutual funds to invest
While the details of the proposals
will take several months for the com-
more money in smaller companies,
and loosen the rule that requires mu-
mission to iron out, some state regu-
lators have expressed concern that
tual funds to offer daily stock re-
demptions.
the measures could make it more
difficult for shareholders and the au-
Today's announcement was the
thorities to combat fraud in the pen-
ny-stock market.
The devil will be in the details."
said Lewis W. Brothers. the director
of Virginia's securities division and
the president of the North American
Securities Administrators Associa-
tion. an industry group based in
Washington. "It really IS a delicate
balancing act between investor pro-
tection and capital formation."
Impeding Fraud Effort
Some S.E.C. officials have also
raised concerns privately about the
effect of such changes on the Govern-
New York Times - February 19, 1992
ment's effort to prosecute fraud in
Business Section
the penny-stock market. But Mr.
Page D1
Breeden discounted the concerns to-
day. insisting that the proposals will
ease what he called a credit crunch
without inhibiting fraud cases.
While any system must continue
'O provide a high quality of disclosure
and vigorous anti-fraud efforts, there
nany aspects of the current svs-
hat may add to the difficulty of
12 capital without necessarily
contributing to good disclosure. Mr
Breeder. said in a speech in Washing-
ton before the National Press Club.
where he disclosed the proposais.
The steps that I have outlined today
represent in some cases a significant
new iDDroach in the registration pro-
Fed Lets Banks
Fed Eases Bank Reserves to Spur Lending
wer Reserves
To Aid Lending
as "partly political. Investors worry
Continued From Page AI
or at a regional Federal Reser
that when the Fed IS being "politi-
bank.
cal." It IS concerned more acout spur-
System Termed Outdated
ersi because lower reserve require-
ring growth to please pointians and
ments would reduce the funding costs
less about fighting inflation
Many economists say the reser:
By STEVEN GREENHOUSE
for banks.
The Fed said today's move was the
requirement system IS outdated b.
first major change in the reserve
cause if a bank runs out of cash on
Special to The New York Times
The Fed said its decision "should
ratio on checking accounts since Con-
particular day, It can easily borro
WASHINGTON, Feb. 18 - In an un-
strengthen the financial condition of
gress enacted the Monetary Control
from other banks. Economists su
usual move aimed at increasing bank
banks and thereby improve their ac-
Act of 1980 to require a deposit-
gest that the reserve requireme
lending to spur the economy, the Fed-
cess to capital markets. putting them
taking institutions. not just commer-
system remains in effect to he
in a better position to extend credit."
cial banks. to meet the Fec 5 reserve
maintain consumer confidence
eral Reserve announced today that It
Economists said that today's an-
requirements. In December 1990, the
banks and to give the Fed anothe
was cutting the amount of money that
nouncement, made on the day before
Federal Reserve reduced LC 0 percent
tool to affect monetary policy.
banks must hold in reserve to offset
the Fed's chairman. Alan Greenspan.
from 3 percent the reserve require-
Normally when the Federal R
possible losses.
IS 10 report to Congress on the econ-
ments for certificates of deposit and
serve wants banks to lend more
omy, was a modest type of monetary
other time deposits held by coΓpoΓa-
accelerate economic growth, It Γ
The central bank said the action,
easing that sought to prevent raising
tions, plus Eurocurrency liabilities,
duces the discount rate, the rate
effective April 2. would enable banks to
fears about inflationary ripples the
which are dollar-denominated certifi-
which it lends money to banks, or tt
take $8 billion in reserves not earning
way a new cut in key interest rates
cates of deposit purchased abroad.
federal funds rate, the rate bank
might have.
income as they sit in bank vaults and
Had Little Effect
charge each other for overnigi
"This IS sort of an insurance policy
loans. The Fed has cut rates mo:
use them for investing or lending.
that the Fed is taking out in terms of
That move, which was intended to
than a dozen times over the last
Economists, however, said the short-
insuring that the economy continues
help ease the tight lending situation,
months, and even so, many consur
term effect would be modest because
to recover. but it's a very modest
allowed banks to invest or lend $13.6
ers and Government officials con
step," said Irwin L. Kellner. chief
billion in reserves. Economists said
banks might wait to strengthen their
plain that banks remain tight-fistec
finances further before they lend.
economist for the Chemical Banking
that decision ultimately had little ef-
The Fed can also seek to improv
Corporation.
fect on increasing lending because
growth through its open market a
Today's announcement came after
Stocks and Bonds Fall
banks were so shell-shocked by loans
tivities, that is, by buying Gover
persistent pleas to the Federal Reserve
that turned bad, largely because of
The bond market reacted with just
ment securities from banks an
the downturn in real estate
from the White House and many mem-
such inflation fears, however, and
thereby making more money ava
The Federal Reserve said the ef-
bers of Congress, who, with their eyes
bond prices fell sharply and interest
able for lending.
fective date of today's announcement
on
ion Day as well as the econ-
rates rose after the Fed announce-
would not be until April to give banks
Economists said it would be dif
ment. Partly in reaction to the decline
on
e been urging that monetary
"time to adjust their reserve man-
in bonds. stocks then fell. and the Dow
cult to estimate whether today
pol.
eased still further.
agement strategies" by, for example,
Jones industrial average lost 21.24
move would have as great an effe
"economizing on vault cast"
points to close at 3,224.73.
on spurring the economy as even
Sending a Message
'It will have a minimal impact
small cut in the discount rate. The
Some traders also said bond prices
within the two to three months after
said it was hard to estimate hc
"The Fed is trying to send a message
fell because many investors inter-
April, but it will have a stronger
much of the freed-up reserves wou
to banks, credit unions and savings and
preted the Fed's move as meaning
impact over the next 6 to 12 months,"
go into investments that raise bar
loans; it's trying to say it wants to
the central bank would not cut inter-
said Mr. Jones, the economist
est rates further.
earnings and how much would go in
encourage banks to make more credit
Reserve requirements were begun
loans.
David M. Jones, chief economist
in the early days of the nation when
available," said Stuart Hoffman. chief
for Aubrey G. Lanston & Company, a
the Federal Government began char-
Today's move would not weake
economist for the PNC Financial Cor-
New York brokerage, said the bond
tering banks and wanted to make
the ability of the nation's banks I
poration, a bank holding company in
marke! fell because traders viewed
sure banks had a sufficient cushion to
absorb losses, analysts said, becaus
Pittsburgh.
the announcement - on the day of the
banks would still have to maintain
protect against a run or other short-
New Hampshire primary, and the
term liquidity problem. The reserves
certain capital ratio - although no
Under the new requirement, banks
day before Mr. Greenspan testifies -
are usually held in a bank's own vault
necessarily as non-earning reserve
will be able to reduce the amount of
- to protect against losses.
reserves they must hold to 10 percent
of deposits in checking accounts, NOW
accounts and other transaction ac-
counts, from 12 percent.
"Over time," the Fed said in its
announcement, "it IS expected that
most of these cost savings will be
passed on to depositors and borrow-
New York Times - February 19, 1992
Page A1
OFFICE OF THE VICE PRESIDENT
WASHINGTON
THE PRESIDENT'S COUNCIL ON COMPETITIVENESS
STREAMLINING FEDERAL REGULATION OF BIOTECHNOLOGY PRODUCTS
FACT SHEET
"Today, I am announcing major new ground rules for regulation of
biotechnology. This 4 billion dollar industry should grow to 50 billion by
the end of the decade -- if we let it. The rewards we will reap include
new medicines, safer ways to clean up hazardous wastes, and a revolution
in agriculture. The United States leads the world in biotechnology, and I
intend, through sensible regulation, and in some instances, deregulation, to
keep it that way."
President George Bush
February 24, 1992
Noting the Bush Administration's initiative to increase FY '93 funding for
biotechnology R&D by 7%: "Were federal agencies to regulate products
simply because an innovative process such as rDNA technology had been
used, we would be unable to reap the benefit of our own research
investments. The degree of oversight should be commensurate with risk,
and the need for oversight should be properly supported by credible
scientific evidence of reasonably foreseeable risk to health or the
environment."
D. Allan Bromley, Advisor to the President for
Science and Technology, February 24, 1992
The President announced a plan to streamline federal regulation of new biotechnology
products today. The plan developed by the Council on Competitiveness, which is
chaired by Vice President Quayle, will protect safety, health, and the environment and at
the same time removing unnecessary regulatory barriers to development of
biotechnology products.
There are three phases to the Council's initiative:
Phase I -- The Final Scope Document for Planned Introductions of Biotechnology
Products in to the Environment will be published by the Office of Science and
Technology Policy this week. The Final Scope document sets forth a scientifically
sound risk-based policy for the exercise of statutory discretion by federal agencies
in the oversight of biotechnology products used outside of the laboratory.
Completion of the Scope was recommended in the Council's 1991 Report on
National Biotechnology Policy.
Phase II -- Complete review and publish proposed rules by agencies responsible
for oversight of various biotechnology products (for example EPA's upcoming
regulation of biotechnology products that act as pesticides). These rules will
reduce the burden of current federal oversight.
Phase III -- Develop of detailed "road-maps" based on the principle of "one stop
shopping" to clearly describe the pathway for obtaining federal approvals to
commercialize biotechnology products including foods, animals, microorganisms
and plants.
Background on Biotechnology
The US is the world leader in new biotechnology, the use of various biological processes
to make products and perform services with living organisms or their components. Sales
of the US biotechnology industry produced reached $4 billion in 1991, and are expected
to be $50 billion by the year 2000 assuming appropriate federal oversight.
Advances in molecular technology over the past two decades have added new tools to
the biotechnology techniques traditionally used in agriculture, food production, and other
processes. The first new biotechnology products were innovative pharmaceuticals and
medical devices developed during the last 15 years. Increasing efforts are underway to
develop and bring to market biotechnology products for a broad range of agricultural
and environment applications ranging from improved plant varieties to environmental
clean-up.
To ensure that the US retains its competitive lead in this industry, the Council's plan
establishes the general principles for federal regulation of new products. All federal
oversight for products used in the environment should be based on risk, and not on any
specific biotechnology process used to develop a product. This policy seeks to avoid the
burden on innovation that could occur were oversight to be simply triggered by the use
of an innovative new technology.
FOR FURTHER INFORMATION
PLEASE CONTACT
John Cohrssen (202) 456-6222
WALL ST.J. 02/06/92
FCC Is Considering Changes in Rules
That Could Stimulate Economic Growth
By MARY Lu CARNEVALE
191/197
wending their way through the commis-
Staff Reporter of THE WALL STREET JOURNAL
sion, should be put on a fast track, she
WASHINGTON-Federal regulators are
says.
considering ways to modify broadcast and
Ms. Marshall's suggestions. contained
telecommunications rules that could boost
in a memo to Chairman Alfred Sikes, are
the economy and eventually help change
circulating with great interest at the FCC
the competitive landscape.
and within the video and phone industries.
Among the ideas being discussed among
Ms. Marshall, the first commissioner to
Federal Communications Commission
come up with such a list, has played a piv-
members and their staffs are accelerating
otal role in shaping commission decisions;
depreciation rates for phone companies
successfully challenging Mr. Sikes and
and easing ownership limits on radio and
forcing the commission to go in directions
television stations.
the chairman has opposed.
Although the FCC has had a deregula-
Among her suggestions: relax or lift
tory bent for years, the effort to clear up
completely the ban on individuals or corpo-
longstanding regulations that communica-
rations owning more than 12 AM radio sta-
tions companies find intrusive could crys-
tions, 12 FM stations and 12 television sta-
tallize with President Bush's call for fed-
tions nationwide.
eral agencies to pinpoint and speed actions
In addition, she believes FCC rules
that could stimulate economic growth.
should be relaxed to allow more joint own-
Commissioner Sherrie Marshall is push-
ership and operation of local broadcast sta-
ing at least 12 steps the agency could
tions. Because of operating efficiencies and
ake-perhaps within the year-to ease or
advertising packaging, easing restrictions
end rules, spur investment and create jobs.
could help keep some troubled stations on
The proposals, many of which already are
the air.
Among the more controversial propos-
als, Ms. Marshall also would like to see the
commission allow TV networks to own ca-
ble systems. The move, she argues, could
give the networks a new revenue stream
at a time they are being hurt by the cable
industry's rapid growth.
The FCC began examining the network-
cable proposal last year, and it has gener-
ated much controversy. Indeed. Commis-
sioner James Quello said he is tending to-
ward not allowing networks to snap up ca-
ble companies-and vice versa-because it
could hurt network affiliates and indepen-
dent stations. "We'll have to examine
whether it's a boon or a detriment to free
over-the-air TV." he said.
For his part, Mr. Quello believes the
commission should do more to end regula-
tions that stifle American Telephone &
Telegraph Co.'s ability to compete in sell-
ing telecommunications services to big
business users.
Ms. Marshall would like to see revisions
to depreciation schedules for the phone
companies. "This should spur investment
in our telephone networks." a move that
could lead to greater use of optical fiber
and advanced switching technologies. That
won cheers from the telephone industry.
John Sodolski. president of the U.S. Tele-
phone Association, said that "any acceler-
ation of depreciation is a plus for this in-
dustry."
Chairman Sikes, who had asked com-
missioners and key departments to zero in
on rules that could be eased or lifted. initi-
ated a review of FCC rules three years
ago. The commission, for instance, is
likely to vote by this spring on easing radio
ownership rules and has been cutting
through the thicket of phone regulation.
NEW YORK TIMES
FEB. 25, 1992
25, 1992
.A. Urged to Ease Rules
On Cleanup of Toxic Waste
By KEITH SCHNEIDER
Special to The New York Times
WASHINGTON, Feb. 24 - In re-
hazardous waste sites.
sponse to President Bush's call to re-
But executives of the chemical and
view Federal regulations, a top official
hazardous waste treatment industries
of the Environmental Protection Agen-
said the changes were welcome. They
CV has proposed changes in laws for
said the Government's toxic waste
cleaning up toxic waste sites that
cleanup project had created an unbear-
would reduce the Government's en-
ably complex bureaucracy whose repi-
forcement of standards and eliminate
titious rules had made some compa-
some environmental safeguards.
nies rich but had done little to protect
The official, Don R. Clay, the assist-
public health or the environment.
ant administrator of the Office of Solid
Despite expenditures of more than
Waste and Emergency Response, pro-
$20 billion, fewer than 100 Government
poses to "significantly decrease the
toxic waste sites have been cleaned up.
regulatory reach" of the hazardous
A typical toxic waste site, the environ-
waste laws.
mental agency said, now takes 12
Mr. Clay made the proposal in a
years to clean up aat a cost of more
memorandum on Feb. 10 to William K.
than $30 million.
Reilly, the Administrator of the envi-
"Waste Management has long advo-
ronmental agency, who had asked each
cated changing the toxic waste pro-
of his division chiefs to suggest ways to
gram from one that investigates prob-
respond to the President's call for a
lems 10 one that solves problems," said
regulatory review, which he made in
Charles J. McDermott, director of gov-
late January.
ernment affairs for Waste Managment
Dave Cohen, Mr. Reilly's press sec-
retary, said today: "Nothing has been
accepted. We're merely looking at
ideas that might produce cost saving
without sacrificing any of the goals of
Lower standards
the agency.'
If Mr. Reilly chooses to accept the
and fewer
proposals, the E.P.A. can offer them as
new regulations that can be put into
effect only after a series of public
safeguards.
hearings, and a rule-writing process
that take a year or two.
Some Proposed Changes
Mr. Clay's memorandum was aimed
Inc., the nation's largest environmen-
al the mammoth Government pro-
tal services company. "For 100 long,
the toxic waste cleanup model has been
gram that has developed in the E.P.A.,
a redundant and exhaustive series of
the Department of Energy and the
analyses that look at every conceivable
Department of Defense to clean up
remedial option before it decides on an
thousands of abandoned toxic waste
action."
sites across the country. Mr. Clay pro-
posed these changes to accelerate the
A Maze of Regulations
process of cleaning up the sites and
The Government's program for
lowering the costs:
cleaning up toxic waste sites falls un-
9Exempting some wastes from
der the requirements of the Resource
strict disposal requirements.
Conservation and Recovery Act of
TReplacing enforcement actions
1976, which regulates the production
against polluters with friendlier negoti-
and disposal of hazardous wastes, and
ations.
the Comprehensive Environmental Re-
9Encouraging the use of innovative
sponse, Compensation and Liability
technologies by exempting companies
Act of 1980, which established the
that use new cleanup techniques from
multibillion-dollar "superfund" to pay
the strict legal liabilities contained in
for cleaning up abandoned sites.
Federal toxic waste laws.
Much of the money spent by the
"Allowing companies that conduct
Government on toxic waste cleanup in
toxic waste cleanups for the Govern-
the superfund program, the Energy
ment to pile contaminated soil and
Department's cleanup of nuclear
other debris at the site without having
waste plants and the Pentagon's clean-
to gain special permits.
up of its bases and plants has gone to
Hugh Kaufman, an E.P.A. expert in
consultants, engineers, lawyers and
toxic wastes, called the proposals "a
chemists.
unilateral erasing of the strict require-
In his memorandum, Mr. Clay pro-
ments of the laws to protect the public
posed to quicken the pace of cleanups
health environment from existing and
under the superfund program by offer-
abandoned hazardous waste sites." Mr.
ing polluting companies that want to
Kaufman, an assistant to the director
voluntarily conduct the cleanup work
of the environmental agency's Hazard-
themselves a way to easily gain "offi-
ous Site Control Division, said that if
cial E.P.A. approval" instead of
the proposals were put into effect the
putting the company through the usual
result could be a new generation of
bureaucratic maze.
WASHINGTON TIMES
FEB. 25, 1992
B chanan goes to Georgia
to make stand against Bush
cided to make their stand in Georgia,
state Capitol in Tallahassee, "that I
By Donald Lambro
which is a key Southern battle-
would walk in like the Pied Piper and
THE WASHINGTON TIMES
ground leading up to Super Tuesday
lead all those hairy-chested Repub-
ATLANTA - Pat Buchanan re-
on March 10. Mr. Buchanan called
licans off to my camp?
turned to Georgia yesterday to rally
this state "the New Hampshire of
"If anybody is running a party
his troops and draw a line in the red
the South" yesterday and he has be-
that is closed to debate and dissent
Georgia clay where he says his pop-
gun running new radio and TV ads
and legitimate argument. it is Mr.
ulist campaign will cut into Presi-
throughout Georgia.
Bush's establishment in Washington,
dent Bush's Southern strength.
This is a make-or-break state for
not Pat Buchanan," he said. "I want
Buchanan strategists here and
us," said a Buchanan adviser. "We've
equal access."
some Republican Party regulars say
got to do well here."
Traveling by car to Ellijay, a small
Mr. Buchanan's anti-government,
Mr. Buchanan said he would re-
community in rural Gilmer County
anti-tax message is popular in Geor-
turn here Thursday night and cam-
about an hour's ride northwest of At-
gia, especially in the rural counties,
paign full-time until the primary.
lanta, Mr. Buchanan was greeted at
and that he will do well here in the
Meantime, the conservative com-
a middle-school rally by a crowd of
pivotal March 3 primary.
mentator continued to flog the pres-
several hundred supporters who
"In a number of rural counties
ident and the GOP for treating him
cheered his conservative message.
he's going to draw a lot of support,"
unfairly in the primaries by keeping
He later stopped and had a pork bar-
said Dan Wolf, Republican chairman
him off some primary ballots, in-
becue sandwich at a nearby popular
of Forsyth County, a suburban bed-
cluding South Dakota, New York and
eatery run by Oscar and Edna Poole
room community near here. "His
Kentucky. And he dropped veiled
- who were volunteers in his New
conservative message is playing
hints that if the tactics continued he
Hampshire campaign.
well."
might not support Mr. Bush in the
Returning to Atlanta in the after-
In an abrupt change of plans, Mr.
fall if the president is the nominee.
noon for a rally and a round of media
Buchanan flew here yesterday after
"If George Bush beats me in a
appearances, Mr. Buchanan made
a two-day, five-city swing through
clean, straight, fair fight, then I will
an unscheduled stop at a Kentucky
Florida where his strategists said he
support him all the way through No-
Fried Chicken restaurant in nearby
had little chance of overcoming the
vember," he said. "But I expect to be
Marietta to pose in front of the huge
president's strength in the state.
that nominee."
sign atop the fast-food franchise.
Tom Hines, Mr. Buchanan's Flor-
But Mr. Buchanan said the Bush
"We'll put it outside the Repub-
ida campaign manager, said "while
campaign was not treating him
lican National Committee and re-
we can do well in Florida, this is a
fairly. "What are they afraid of," he
place the elephant as the symbol of
George Bush stronghold."
said at a news conference and rally
a party that likes to keep folks off the
So Buchanan strategists have de-
earlier in the day outside the Florida
ballot," he said."
NEW YORK TIMES
BUSH TO EASE RULES
FEB. 24, 1992
ON PRODUCTS MADE
Continued From Page Al
important step after years of de-
bate." Industry has anxiously await-
BY ALTERING
G
ed new regulatory rules in the area so
ernment to its final, approval.
that companies can be sure of what
Among the genetically engineered
products will be regulated and what
products now coming along is a tomato
safety tests will be required. "
SEES $50 BILLION IN SALES
plant with a special gene inserted; the
Important revisions of two major
gene destroys one of the enzymes that
regulatory laws, governing pesticides
makes the plant ripen, so that although
and toxic chemicals, may be issued
soon, now that biotechnology policy
tomatoes can be matured on the vine,
has been set.
White House Finds No Inherent
they will not soften and shrivel until
Under these laws, a company intro-
long after. they are shipped to stores.
ducing a new biotechnology product
Dangers and Seeks Faster
Another promising product is a cotton
must notify the proper regulatory
plant that biologists have equipped
agency - the Environmental Protec-
Approvals by Agencies
with its own natural pesticide by in-
tion Agency, the Agriculture Depart-
serting a bacterial gene that makes a
ment or the Food and Drug Adminis-
product toxic to insects.
tration - and then submit safety
Despite the promise of such prod-
data. Testing the first such products
By PHILIP J. HILTS
ucts, critics have worried about the
in the mid-1980's met with such oppo-
Special to The New York Times
dangers of introducing novel organ-
sition that a product called ice-minus,
WASHINGTON, Feb. 24 - The White
isms into the environment, arguing
intended to increase strawberries'
House today issued a new Government
that some might run riot if unre-
tolerance to frost, was sprayed by
policy on biotechnology products, say-
strained by natural enemies. Defend-
scientists dressed in protective
ing that genetically engineered prod-
ers of the policy have countered that
"moon suits" under the glared of
ucts are not dangerous in themselves
adding a few genes of known purpose
television lights.
and should not get too much scrutiny
is unlikely:to change a familiar spe-
Dawn of an Era
cies into an Andromeda strain.
from Federal regulators.
Officials of the Environmental Pro-
That era is ended, and now the
The new statement is intended to
tection Agency who asked to remain
Government would likely not ask for
spur the biotechnology industry and
unnamed said that the new policy was
data on such products. It would mere-
keep Federal regulators from singling
better than previous drafts, which
ly accept notification of a small-scale
out its products for extra regulatory
threatened.to cancel current law gov-
experiment and look more closely
erning biotechnology products.
procedures. It would put the stamp of
policy on practices that have been
Aim of New Policy
evolving in the Federal agencies for
The thrust of the new policy is that
years, assuring that fewer and fewer
genetically: engineered products
The goal is U.S.
biotechnology companies need special
should not be assumed to be inherent-
approval to release new organisms in
ly dangerous, and that regulation
dominance of a major
the world.
"should be based on evidence that the
risk presented by introduction of an
new industry.
"I am announcing major new ground
organism in a particular environ-
rules for regulation of biotechnology,"
ment used for a particular type of
President Bush said. "This $4 billion
application is unreasonable."
industry should grow to $50 billion by
It also says that organisms that are
when the product is ready for wider
only slightly different from their par-
experiments. Of the 70 or so new
the end of the decade - if we let it. The
United States leads the world in bio-
ent organisms - a category that in-
organisms or engineered products re-
technology and I intend to keep it that
cludes the vast majority of products
leased into the environment over the
so far proposed - need not be regu-
past eight years, all had careful scru-
way."
lated more than the parent organ-
tiny and submission of substantial
Easing Burden on Business
isms.
safety data.
These rules could leave current
Now, one Federal official said, no
Federal regulations that govern ge-
regulation unchanged or provide
more than three or four of those prod-
netically engineered pesticides and
companies grounds for challenging
ucts would undergo such scrutiny.
other toxic chemicals are being writ-
almost any regulation.
Today's policy makes that posture
ten, but have been stalled,
at
least
"If that is the best they can do, I'm
official.
partly because the policy
disappointed," said Rebecca Gold-
burg, senior scientist at the Environ-
The new policy states: "Although
issued today was not final. It
mental Defense Fund. "The vague-
the new biotechnology processes can
few specifics but will serveras guidance
ness is enough for the Council on
be used to produce risky organisms,
to regulatory agencies and the basis
Competitiveness to do what it wants,
so can traditional techniques; it is the
for Vice President Dan Quayle's Coun-
to rewrite any regulation."
characteristics of the organism, the
cil on Competitiveness to intercede if
The new policy statement, written
environment, and the application that
regulations of biotechnology compa-
by the staff of the council and of Mr.
determine risk (or lack thereof) of
nies get too "burdensome to business,"
Dan Quayle, puts an official end to a
the introduction into the environ-
in the language of the White House
Federal debate on one major topic:
ment. Indeed, the new technologies of
staff.
whether biotechnology products need
molecular modification may increase
special oversight from the Govern-
the potential for safe, planned intro-
The new policy covers all uses of
ment because they fundamentally al-
duction because they employ tech-
genetically altered organisms or prod-
ter living organisms.
niques that are more precise and
ucts, from crops to medicines. In the
Allen Goldhammer, head of the In-
more efficient than traditional cross-
past it has taken many years - up to
dustrial Biotechnology Association, a
breeding." For centuries, the cross-
five or six in some cases - to pass
major trade group for biotechnology
breeding method was humankind's
companies, said the policy was "an
way of engineering organisms.
these products through the unmarked
and often shifting regulatory minefield.
Even after some years of trying to
make the process quicker, the average
time remains more than three years
from the first notification of the Gov-
Continued on Page C5, Column 1
NEW YORK TIMES
FEB. 25, 1992
25, 1992
E.P.A. Urged to Ease Rules
On Cleanup of Toxic Waste
By KEITH SCHNEIDER
Special to The New York Times
WASHINGTON, Feb. 24 - In re-
hazardous waste sites.
sponse to President Bush's call to re-
But executives of the chemical and
view Federal regulations, a top official
hazardous waste treatment industries
of the Environmental Protection Agen-
said the changes were welcome. They
cy has proposed changes in laws for
said the Government's toxic waste
cleaning up toxic waste sites that
cleanup project had created an unbear-
would reduce the Government's en-
ably complex bureaucracy whose repi-
forcement of standards and eliminate
titious rules had made some compa-
some environmental safeguards.
nies rich but had done little to protect
The official, Don R. Clay, the assist-
public health or the environment.
ant administrator of the Office of Solid
Despite expenditures of more than
Waste and Emergency Response, pro-
$20 billion, fewer than 100 Government
poses to "significantly decrease the
toxic waste sites have been cleaned up.
regulatory reach" of the hazardous
A typical toxic waste site, the environ-
waste laws.
mental agency said, now takes 12
Mr. Clay made the proposal in a
years to clean up aat a cost of more
memorandum on Feb. 10 to William K.
than $30 million.
Reilly, the Administrator of the envi-
"Waste Management has long advo-
ronmental agency, who had asked each
cated changing the toxic waste pro-
of his division chiefs to suggest ways 10
gram from one that investigates prob-
respond to the President's call for a
lems to one that solves problems," said
regulatory review, which he made in
Charles J. McDermott, director of gov-
late January.
ernment affairs for Waste Managment
Dave Cohen, Mr. Reilly's press sec-
retary, said today: "Nothing has been
accepted. We're merely looking at
ideas that might produce cost saving
without sacrificing any of the goals of
Lower standards
the agency."
If Mr. Reilly chooses to accept the
and fewer
proposals, the E.P.A. can offer them as
new regulations that can be put into
effect only after a series of public
safeguards.
hearings, and a rule-writing process
that take a year or two.
Some Proposed Changes
Mr. Clay's memorandum was aimed
Inc., the nation's largest environmen-
at the mammoth Government pro-
tal services company. "For too long,
the toxic waste cleanup model has been
gram that has developed in the E.P.A.,
a redundant and exhaustive series of
the Department of Energy and the
Department of Defense to clean up
analyses that look at every conceivable
thousands of abandoned loxic waste
remedial option before it decides on an
action."
sites across the country. Mr. Clay pro-
posed these changes to accelerate the
A Maze of Regulations
process of cleaning up the sites and
The Government's program for
lowering the costs:
cleaning up toxic waste sites falls un-
TExempting some wastes from
der the requirements of the Resource
strict disposal requirements.
Conservation and Recovery Act of
TReplacing enforcement actions
1976, which regulates the production
against polluters with friendlier negoti-
and disposal of hazardous wastes, and
ations.
the Comprehensive Environmental Re-
TEncouraging the use of innovative
sponse, Compensation and Liability
technologies by exempting companies,
Act of 1980, which established the
that use new cleanup techniques from.
multibillion-dollar "superfund" to pay
the strict legal liabilities contained in
for cleaning up abandoned sites.
Federal toxic waste laws.
Much of the money spent by the
"Allowing companies that conduct
Government on toxic waste cleanup in
toxic waste cleanups for the Govern-
the superfund program, the Energy
ment to pile contaminated soil and
Department's cleanup of nuclear
other debris at the site without having
waste plants and the Pentagon's clean-
to gain special permits.
up of its bases and plants has gone to
Hugh Kaufman, an E.P.A. expert in
consultants, engineers, lawyers and
toxic wastes, called the proposals "a
chemists.
unilateral crasing of the strict require-
In his memorandum, Mr. Clay pro-
ments of the laws to protect the public
posed to quicken the pace of cleanups
health environment from existing and
under the superfund program by offer-
abandoned hazardous waste sites." Mr.
ing polluting companies that want to
Kaufman, an assistant to the director
voluntarily conduct the cleanup work
of the environmental agency's Hazard-
themselves a way to easily gain "offi-
ous Site Control Division, said that if
cial E.P.A. approval" instead of
the proposals were put into effect the
putting the company through the usual
result could be a new generation of
bureaucratic maze.
WASHINGTON TIMES
FEB. 25, 1992
B chanan goes to Georgia
to make stand against Bush
cided to make their stand in Georgia,
state Capitol in Tallahassee, "that I
By Donald Lambro
which is a key Southern battle-
would walk in like the Pied Piper and
THE WASHINGTON TIMES
ground leading up to Super Tuesday
lead all those hairy-chested Repub-
ATLANTA - Pat Buchanan re-
on March 10. Mr. Buchanan called
licans off to my camp?
turned to Georgia yesterday to rally
this state "the New Hampshire of
"If anybody is running a party
his troops and draw a line in the red
the South" yesterday and he has be-
that is closed to debate and dissent
Georgia clay where he says his pop-
gun running new radio and TV ads
and legitimate argument. it is Mr.
ulist campaign will cut into Presi-
throughout Georgia.
Bush's establishment in Washington,
dent Bush's Southern strength.
"This is a make-or-break state for
not Pat Buchanan," he said. "I want
Buchanan strategists here and
us," said a Buchanan adviser. "We've
equal access."
some Republican Party regulars say
got to do well here."
Traveling by car to Ellijay, a small
Mr. Buchanan's anti-government,
Mr. Buchanan said he would re-
community in rural Gilmer County
anti-tax message is popular in Geor-
turn here Thursday night and cam-
about an hour's ride northwest of At--
gia, especially in the rural counties,
paign full-time until the primary.
lanta, Mr. Buchanan was greeted at
and that he will do well here in the
Meantime, the conservative com-
a middle-school rally by a crowd of
pivotal March 3 primary.
mentator continued to flog the pres-
several hundred supporters who
"In a number of rural counties
ident and the GOP for treating him
cheered his conservative message.
he's going to draw a lot of support,"
unfairly in the primaries by keeping
He later stopped and had a pork bar-
said Dan Wolf, Republican chairman
him off some primary ballots, in-
becue sandwich at a nearby popular
of Forsyth County, a suburban bed-
cluding South Dakota, New York and
eatery run by Oscar and Edna Poole
room community near here. "His
Kentucky. And he dropped veiled
- who were volunteers in his New
conservative message is playing
hints that if the tactics continued he
Hampshire campaign.
well."
might not support Mr. Bush in the
Returning to Atlanta in the after-
In an abrupt change of plans, Mr.
fall if the president is the nominee.
noon for a rally and a round of media
Buchanan flew here yesterday after
"If George Bush beats me in a
appearances, Mr. Buchanan made
a two-day, five-city swing through
clean, straight, fair fight, then I will
an unscheduled stop at a Kentucky
Florida where his strategists said he
support him all the way through No-
Fried Chicken restaurant in nearby
had little chance of overcoming the
vember." he said. "But I expect to be
Marietta to pose in front of the huge
president's strength in the state.
that nominee."
sign atop the fast-food franchise.
Tom Hines, Mr. Buchanan's Flor-
But Mr. Buchanan said the Bush
"We'll put it outside the Repub-
ida campaign manager, said "while
campaign was not treating him
lican National Committee and re-
we can do well in Florida, this is a
fairly. "What are they afraid of," he
place the elephant as the symbol of
George Bush stronghold."
said at a news conference and rally
a party that likes to keep folks off the
So Buchanan strategists have de-
earlier in the day outside the Florida
ballot," he said."
the City Center, another new building
several blocks from the Warner.
FCC TAKES FM
Those efforts appear to have "irritat-
OFF AIR IN ILL.
ed" Austin, said one FCC official.
In his appeal to Austin, Sikes ar-
T
he FCC has pulled the plug on
gues the Portals is inaccessible for the
WCFL(FM) Morris, III., for op-
handicapped because of the roads and
erating with excessive power, us-
narrow sidewalks that surround it, and
ing a nondirectional antenna
it will not be ready for use in January
when it should have been using a
1993, as the SFO demands. Sikes also
directional antenna and for fail-
says the 286,000 square feet falls
ing to have personnel at its trans-
50,000 square feet short of what the
mitter, which is required because
FCC feels it needs.
the remote control is inoperable.
In forcing the FCC into the Portals,
The station, located about 65
the GSA is being penny-wise and
miles from Chicago, was operat-
pound-foolish, Fishel said. The near-
GSA's Richard Austin wants the Portals
ing under special temporary au-
est amenities are a 20-minute walk
thority. The Mass Media Bureau
away, he said. The costs of the lost
Rather than move into the Portals,
sent the station a letter telling it
productivity alone-$84 million over
the FCC would prefer to stay where it
to go off the air, and the station
20 years-will "dwarf any rent sav-
is, Fishel said. Not only would it
complied on Friday, Jan. 24.
ings," he said.
avoid disruption of the bureaucracy, it
The 286,000 square feet of space
would also save the taxpayers around
officials who do not want to go to the
Austin has approved-the minimum
$25 million over two years in moving
Portals. "It's a horrible place," said
asked for in the SFO-is "totally in-
and construction expenses, he said.
another high-ranking FCC offical.
adequate," Fishel said.
Sikes and Fishel are not the only FCC
"It's like buzzard's' point."
FCC DOING ITS BIT FOR MORATORIUM
Sikes orders review of rules in accordance with President Bush's request
for halt to any new regulations that hurt business
By Harry A. Jessell
give a boast to some of Sikes's dere-
with the working group of the White
gulatory efforts, most notably pro-
House Council on Competitiveness,
B
y the time President Bush un-
ceedings aimed at relaxing the owner-
which is overseeing the moratorium.
veiled his 90-day moratorium
ship restriction of radio and television.
Sikes met with White House officials
on new government regulations
It may also help Sikes persuade other
to discuss the moratorium and the
(and mandate for review of existing
commissioners to consider relaxation
FCC's possible role on Jan. 15. Six
ones) in his State of the Union address
of the prime time access rule, despite
days later, he sent a memo to the other
last Tuesday, the FCC was already
their oft-expressed reluctance to do so.
commissioners soliciting their support
well on its way toward doing its part.
As an independent agency, the FCC
in reviewing rules "with a view to-
Notified of plans for the moratori-
is not obliged to participate in the mor-
ward eliminating those that are out-
um a few weeks ago, FCC Chairman
atorium. But FCC Chairman Alfred
moded or unnecessary.
Alfred Sikes had ordered an agency-
Sikes is on board, and it is unlikely
"We can leave, as part of our lega-
wide review of the rules and identifi-
any of the other four commissioners-
cy," Sikes said, "the termination of
cation of those that are "outmoded
all Bush appointees-would ignore the
needless contact between the govern-
and unnecessary."
Presidential initiative.
ment and the private sector which si-
Following the address and the re-
In his annual speech, Bush told
phons off a measure of private wealth
ceipt the same day of a three-page
Congress and a television and radio
and FCC resources [especially tight as
memo laying out the scope of the mor-
audience of millions that he had asked
demand increases and public revenues
atorium and bearing the President's
for "a 90-day moratorium on any new
face sustained shrinkage]."
signature, Sikes intensified prepara-
federal regulations that could hinder
Sikes suggested there is plenty to
tions with a meeting of bureau and
growth.
do. "[D]espite the deregulatory efforts
office chiefs on Thursday morning.
"In those 90 days, major depart-
of the last few years, the FCC rules
The result of the push may be one
ments and agencies will carry out a
and regulations still take up nearly
or more omnibus rulemakings propos-
top-to-bottom review of all regula-
3,000 pages in the Code of Federal
ing elimination of a variety of rules
tions, old and new, to stop the ones
Regulation." What's more, he said,
similar to the "regulatory under-
that will hurt growth and speed up
the FCC uses 300 different forms.
brush" proceedings that became one
those that will help growth," he said.
Sikes also distributed to the other
of the hallmarks of Mark Fowler's
In his memo, the President asked
commissioners copies of a two-page
chairmanship during the Reagan years
participating agencies to appoint a
memo he sent to the White House
("Closed Circuit," Jan. 27).
"regulatory oversight official" and
setting forth deregulatory initiatives
The President's initative may also
submit reports of deregulatory actions
during his chairmanship.
Broadcasting Feb 3 1992
Washington 33
Included among the six mass media
The list also includes repeal of the
agreement have to be very careful that
items was adoption of uniform techni-
ballot-issue corollary of the fairness
they don't give up their renewal ex-
cal standards for cable systems that
doctrine; revamping of the rules gov-
pectancy to somebody else."
will "reduce burdens of local cable
erning MMDS and other wireless ca-
Attendees also questioned Stewart
system operators due to multiple,
ble facilities; review of the radio and
about the possibility of the allocation
sometimes conflicting, local franchise
TV ownership restrictions; improve-
of spectrum for high-definition televi-
technical requirements." The only
ment of processing of FM new-station
sion bumping low-power television
problem is the FCC has not yet adopt-
and modification applications, and
stations (LPTV) off the air. According
ed the stations. They are expected to
streamlining of the comparative hear-
to a recent study by Pennsylvania
be adopted, however, at the FCC's
ing process for awarding new broad-
State University, a majority of LPTV
next meeting on Feb. 12.
cast licenses.
stations offer a religious format.
While Stewart said he did not antici-
pate any significant impact on LPTV.
especially in rural areas, he empha-
FCC SEES FUTURE FOR LMA's
sized that "LPTV was created as a
secondary service-you can't forget
that." Added Stewart: "Our responsi-
According to Mass Media Chief Stewart, commission
bility is to bring technology to the
will continue to allow local marketing agreements
American public."
The FCC Mass Media Bureau Chief
By Joe Flint
[against an LMA station] and says this
also told attendees he was anticipating
'licensee's principles have been at the
staff cuts because of budget consider-
on't look for the FCC to rule
beach for the last five years. They've
ations. "I expect over the_period of
D
that local marketing agreements
leased their station to somebody.'
the year we will suffer losses of staff
(LMA's) are against the public
People that enter that time-brokerage
without being able to replace them on
interest. That's the word from Mass
Media Bureau Chief Roy Stewart,
BARRETT COLD ON FM FREEZE
who added that while the commission
"may decide to have some restric-
G
ranting the National Association of Broadcasters' upcoming request
tions," he did not think the "spigot
for a freeze on new FM stations could "close the door" to newcomers
will be turned off." An LMA agree-
to broadcasting, FCC Commissioner Andrew Barrett told a group of
ment typically allows a party other
attorneys in Chicago.
than a station's licensee (often a
"I agree that more is not always better, but am concerned that no new
broadcaster in the same market) to
license grants coupled with greater concentration of existing media may
control programing and/or advertising
close the doors for new entrants to broadcasting," Barrett said in a Jan. 24
on the station in return for a flat fee or
speech to the Midwest chapter of the Federal Communications Bar Associ-
a percentage of advertising sold.
ation.
Stewart, speaking at an FCC panel
Acting on the vote of its board last month, the NAB plans to ask the
at last week's National Religious
FCC formally for a halt or a slowdown in the granting of new FM licenses
Broadcasters convention in Washing-
within the next week or two (BROADCASTING, Jan. 27). It will argue that
ton, said he thought "as long as there
FCC policies of the past decade have produced a glut of FM stations on the
is no unauthorized transfer of control
air that makes it tough for all to survive.
of the license" there is nothing wrong
Barrett also said he was wary of the ongoing reviews of the FCC
with that type of time-brokerage
ownership limits, saying that liberalizing or repealing those limits may
agreement. Stewart did not speculate
lead to "greater concentration of existing media. We must be careful to
on the fate of a bill before the House
insure that there is still some form of commitment to diversity and
of Representatives (H.R. 3715) limit-
localism."
ing the amount of time a licensee can
Barrett predicted FCC Chairman Alfred Sikes would move to relax
sell to 25% or less. The FCC's Field
radio ownership restrictions prior to the NAB convention in April and, if
Operations Bureau recently concluded
Congress does not protest that action too loudly, proceed to do the same to
an audit of about 280 randomly select-
the television rule in June or July.
ed radio and TV stations and hopes to
Looking ahead to other issues, Barrett said the FCC will not consider
have the results in front of the com-
restrictions on time-brokerage agreements "until late this year, if at all."
missioners within the next two weeks.
"I doubt if Sikes will take on this issue before he accomplishes what he
An FCC rulemaking aimed at clarify-
wants with respect to ownership rules," the commissioner said.
ing LMA rules is part of the commis-
Action on a proposal to reinstate the must-carry rules "depends in large
sion's comprehensive overview of ra-
measure on whether Commissioner Quello can convince two other offices
dio rules.
to go against the chairman," he said. Such rules would require cable
Stewart did tell NRB attendees not
systems to carry local broadcast signals.
to forget that they are responsible for
Barrett said he shares the lack of enthusiasm for a proceeding to relax
the license and the requirements that
the prime time access rule. "Although there does not appear to be three
come with it. Said Stewart: "What
offices wanting to bring [reform of the prime time access rule] up for a
happens if somebody files a petition to
vote any time soon, the chairman may attempt to raise it this year."
deny or a competing application
Feb 3 1992 Broadcasting
WASH TIMES 01/31/92
Quayle on trail
for deregulation
By Dave Skidmore
10/197
petitiveness Council and we are go-
THE ASSOCIATED PRESS
ing to make sure the president's or-
der is fully implemented."
Senior Bush administration offi-
The president's senior economic
cials yesterday detailed the presi-
adviser, Michael J. Boskin, and other
dent's plans for easing the reg-
officials at another briefing, out-
ulatory load on businesses and asked
lined three areas where the admin-
lobbyists and business executives to
istration is hoping to use changes in
suggest more rules to revise.
regulation to prod the economy.
"Now's your chance. Come and
They are:
tell us what regulations and rules
Revisions in banking rules to en-
are burdening the private sector,"
courage more lending.
Vice President Dan Quayle told a
Changes in Internal Revenue
gathering of about 170 trade associ-
Service practices to make it easier
ation representatives and others
for businesses, particularly small
with an interest in deregulation.
ones, to administer payroll income
"You're the ones who are out
tax withholding.
there, who are being impacted by
A pilot program in New Hamp-
these rules," he said.
shire by the Small Business Admin-
Mr. Quayle, in a brief campaign-
istration to take over business loans
style appearance at the Old Execu-
from failed, banks.
tive Office Building, next door to the
Among the changes in banking
White House, described the 90-day
rules is one to help banks that collect
moratorium on new regulations, an-
mortgage and credit card payments
nounced by President Bush in his
on behalf of other lenders. They
State of the Union address, as a
would be allowed to count such "ser-
chance to reassess the reams of reg-
vicing rights" as part of their capi-
ulations on the books.
tal, the financial cushion protecting
"Not all regulations are bad," said
banks from failure.
Mr. Quayle, who is leading the de-
Many accountants are skeptical
regulation effort as head of the
of such a change. They point out that
White House Council on Competi-
when a mortgage is refinanced, the
tiveness.
servicing right - and the fee income
But "you have to start with a cer-
it generates - disappears. Also, the
tain bias, and I think you know where
Office of Thrift Supervision has re-
my bias is," he said, adding, "To
duced the financial reporting re-
overzealous regulators you've met
quirement for savings and loans
the enemy, and it's called the Com-
from 12 times to four times a year.
WALL ST.J. 02/19/92
The True Cost of Government
By ROBERT GENETSKI
plemented, the cost of compliance could
In addition to the costs of complying
President Bush showed he had some un-
easily amount to at least $20 billion a year
with these mandates, there are legal and
derstanding of problems of the economy
for the next five years.
administrative costs to consider. In the
when he announced his 90-day freeze on
Based on an early sample of plans to al-
case of the Americans with Disabilities
regulation in the State of the Union ad-
ter office buildings to comply with the
Act. vague terminology virtually assures
dress. But it is clear that Mr. Bush hasn't
Americans with Disabilities Act, the cost
billions of dollars per year in legal ex-
grasped the full extent to which regulation
of compliance appears to be close to $5 per
penses. No attempt was made to estimate
has added to the burden that taxes impose
square foot. This figure does not take into
these legal and administrative expenses.
on the economy. Regulation's effect on the
economy can be every bit as damaging as
Major New Tax And Regulatory Burdens
the effect of taxes. Even though Americans
have not seen it in their pay stubs, they
Billions of additional dollars
have borne the equivalent of growing tax
1988
1989
1990
1991
1992
burdens. And tax burdens have climbed as
dramatically during his watch as they
PAYROLL TAX
$13.0
$14.0
$10.9
$14.0
$7.4
have under any other president.
The table shows the combined tax and
CHANGES IN DEPRECIATION SCHEDULES
4.6
22.3
20.6
4.0
0
regulatory burden that has been placed on
NEW TAXES, 1987
6.2
American businesses and workers in re-
NEW TAXES, 1988
0.1
5.6
cent years. The numbers refer only to in-
creases over and above whatever was im-
NEW TAXES IN 1996 BUDGET ACCORD
23.2
10
posed the previous year. For example, a
NIGHER DEPOSIT INSURANCE PREMIUMS
0.5
1.4
1.8
1.8
new tax of $25 billion in year one that con-
tinues to bring in $25 billion each year
CLEAN AIR ACT
25
25
thereafter is listed as $25 billion in year
AMERICANS WITH DISABILITIES ACT
20
one and nothing thereafter. Only if the tax
is increased above its initial level is the in-
FEDERAL TOTAL
23.8
36.9
38.5
68
64.2
crease presented in a subsequent year.
STATE TAXES
N.A.
N.A.
10.3
15
15
Hide Burden
INCREASE IN FEDERAL AND STATE TOTAL
48.8
83.0
79.2
In a few cases, Congress and the admin-
istration have decided to hide the true bur-
TOTAL INCREASE IN BURDEN, 1958-1992
$271.7
den of government programs by ordering
Source: Robert Genetald & Amec.
N.A.=Not available
businesses to spend the necessary money
to comply with certain edicts. But ordering
companies to spend $25 billion to fulfill a
account all possible modifications, but just
None of these calculations should be
public need does not mean that the public
those that are deemed "reasonable."
taken to suggest that it is somehow wrong
has avoided a $25 billion tax. Businesses
There are an estimated 180,000 square
or bad to spend money for cleaner air or to
today earn only 4 cents in profit for every
feet in an average office building. This
help the disabled. The list of worthy causes
dollar of sales. When a businessman re-
places the cost of compliance at almost $1
has no real limits. Unfortunately, there are
ceives the bill for a mandated benefit, the
million per building. There are an esti-
definite limits to the amount by which tax
business must reorganize its operations in
mated nine billion square feet of office
and regulatory burdens can be raised with-
order to survive. This often means layoffs,
space in the nation, bringing the total com-
out having a serious economic impact. The
plants closing and other cost-cutting
pliance cost nationwide to $45 billion. And
present economic situation strongly sug-
moves. Companies that are not able to cut
that's just for office space.
gests that the push toward higher tax and
costs sufficiently to pay for the additional
burdens are forced to close entirely.
The Cost In Productivity
The Clean Air Act and the Americans
with Disabilities Act represent two of the
Index of quarterly output of private non-farm sector (1982 = 1.0)
largest hidden tax burdens to hit the econ-
1.12
omy in 1991 and 1992. In both of these
PROJECTION
cases, the administration and Congress ap-
1.10
pear to have seriously underestimated the
1.08
cost of compliance with these acts. Both of
these acts are worded so vaguely that the
1.08
regulatory bodies have raised the cost of
1.04
compliance far above the official figures.
The numbers presented in the accompany-
1.02
Underlying Productivity
ing table are conservative estimates.
1.00
Actual Productivity
The official estimate for complying with
0.98
the Clean Air Act was put at roughly $25
billion per year. Nongovernmental esti-
0.96
mates of the cost of complying with the act
78
79
#
'81
#
'84
'85
'86
'87
'96
L.
'02
$33
range as high as $100 billion per year. The
Searces: Department of Labor: Rebert Genetald $
table shows a compromise compliance cost
of $25 billion in new compliance expendi-
The American Hospital Association, a
tures for 1991 and an additional $25 billion
regulatory burdens has had much greater
hospital lobby, estimates that its members
for 1992.
costs in terms of lost jobs and weaker pro-
will have to spend $20 billion to bring hos-
ductivity than most people had assumed.
It appears too that the cost of comply-
pitals into compliance. We're already at
Recent productivity trends clearly sup-
ing with the Americans with Disabilities
$65 billion and counting-and that's before
port the sense that something is wrong.
Act will be staggering. The disabilities act
considering the costs for equipping trains,
But the problem is not that Americans are
was supposed to cost $2 billion annually,
buses, restaurants, rental cars and public
"lazy," as a Japanese politician has re-
but depending on how aggressively it is im-
facilities.
cently been quoted as suggesting. Part of
WALL ST.J. 02/19/92
the recent weakness in productivity can be
attributed to the recession. Productivity
tends to increase more slowly than normal
during recessions and faster than normal
during recoveries.
Still, adjustments can be made for cy-
clical developments. Judging from past ex-
perience, the magnitude of the current re-
cession should have caused actual produc-
tivity to fall approximately 2% below a
level consistent with a fully employed
economy. After making such an adjust-
ment, we see that it becomes readily ap-
parent that U.S. cyclically adjusted pro-
ductivity has deteriorated dramatically in
recent years. The record of what we can
call underlying productivity is convincing
support for the widespread sense that
America's economic problems are more
fundamental than cyclical.
Each society has its fair share of
workers and loafers. The extent to which
those workers improve their productivity
depends far more on the overall economic
environment in which they operate than on
their inherent intelligence or initiative.
Tax burdens are an important determinant
of that environment.
During the period from the late 1970s to
1981, productivity growth in the U.S. de-
teriorated dramatically as tax burdens
rose. With the tax cuts of 1982-84, U.S. pro-
ductivity growth returned to its long-term
average. Productivity rose by approxi-
mately 1.5% per year in the mid-1980s, and
the nation experienced its longest peace-
time expansion. More recently, the re-
sumption of higher traditional and hidden
tax burdens has again brought about a fun-
damental deterioration in the nation's pro-
ductivity trend and a renewed sense of eco-
nomic malaise.
After showing the rest of the world how
lower tax rates could boost productivity
and living standards. the U.S. regressed.
Fortunately. the U.S. economy can revive.
Layoffs can be brought to an end and pro-
ductivity growth restored.
Painful Measures
Many politicians have maintained that
such a revival would mean painful meas-
ures. In a sense, they are right. A true re-
vival would involve major cuts in tradi-
tional and hidden taxes to offset the in-
creased burdens that have occurred. This,
of course, would not be painful for most
workers and businesses-they would keep
more of their income. But it would be pain-
ful for politicians and, in some cases, those
who benefit from regulation, such as the
handicapped. Cuts in traditional taxes or in
regulation would mean that politicians
would be forced to recognize that there are
effective limits to what public policy can
accomplish.
In a democracy, the public seldom tol-
erates poor economic performance for
very long. For those politicians who fail to
recognize the limits to public policy, there
will eventually be political costs as well.
Mr. Genetski heads Robert Genetski &
Assoc., a Chicago-based consulting firm.
JONATHAN ADLER
WASH.
TIMES
01/28/92
Coping with the
regulatory blues
hen President Bush de-
ministration cannot simply wish
W
livers the State of the
them away. The 1990 Clean Air Act
Union address today, he
has been the cornerstone of Mr.
will announce his magi-
Bush's bid to be the "environmental
cal plan to restore America's eco-
president." Now the act is beginning
nomic vitality. Among the tricks he
to cost jobs and burden the economy
is expected to unveil is a sweeping
and there is little the president can
deregulatory initiative that it is
do. This act is replete with deadlines
hoped will demonstrate he has not
for regulatory action that the execu-
forgotten the free-market message
tive cannot override. without con-
of the Reagan Revolution. As conser-
gressional consent.
vatives and other free-market advo-
Viewed as a political boon to the
cates pile on to the bash-Bush band-
president in his attempt to W00 envi-
wagon, such a demonstration is
ronmentally conscious voters, this
becoming increasingly necessary
multibillion-dollar monstrosity is
for the president's re-election.
now the administration's bane as
The deregulatory initiative that is
they attempt to deregulate the econ-
expected will be a 90-day mor-
omy.
atorium on the implementation of
If the president is truly serious
new regulations. To be fair to the
about spurring new growth through
president, this step does appear to be
the powers of deregulation, there is
substantial and should have tremen-
still much more to be done. For a
dous symbolic value. It is a sign that
start, the president must make a new
the president is finally recognizing
appointment for the head of Office
the tremendous drag that reg-
of Information and Regulatory Af-
ulations can impose upon the econ-
fairs (OIRA). This post - incredibly
omy. A drag that by some estima-
important in the war against exces-
tions reaches more than $400 billion
sive regulation - has not been filled
annually, which amounts to more
since Mr. Bush took office. The
than $4,000 for every household in
Council on Competitiveness may do
the United States. According to the
Environmental Protection Agency,
environmental regulations alone
The regulatory burden
cost $115 billion in 1990.
One thing the initiative clearly
imposed by the
demonstrates is that the president
now recognizes the importance of
federal government
regulatory policy to economic
growth. Still, one has to wonder why
continues to cost jobs
this revelation was so long in com-
and productivity.
ing. As vice president, Mr. Bush was
a point man in the Reagan admin-
istration's deregulatory battles. In
great work in limiting the painful
that capacity, Mr. Bush assisted in
impact of new regulations, but it
rolling back regulations imposed
cannot do the job alone. Covering
throughout the 1970s.
fire from OIRA is needed immedi-
Whereas the Reagan administra-
ately.
tion could blame his predecessors
Even more important, if Mr. Bush
for the massive buildup of bureau-
wants to halt the regulatory creep
cratic red tape, Mr. Bush has no one
that has infested his administration,
to blame but himself. Government
it is time to stop providing the
spending on regulatory activities up
agency vultures carrion on which to
by more than 20 percent what it was
feed. Mr. Bush cannot claim to be in
during the last year of the Carter
favor of deregulation as long as he
administration. Spending at the EPA
continues to back new bills that es-
alone has increased 31 percent since
tablish increased regulatory author-
Mr. Bush took office.
ity.
Whereas the president may wish
With the rapid approach of even
to blame Congress for this reg-
more regulatory initiatives, from
ulatory explosion, each and every
the reauthorization of the Resource
piece of regulatory legislation to be
Conservation and Recovery Act to
enacted in the past three years has
new attempts at regulating the
been signed by the president. From
cable television industry, the need
the Americans with Disabilities Act
for increased scrutiny of regulatory
to the 1990 Nutrition Labeling Edu-
activity is as important as ever. Even
cation Act, George Bush has done
finalized regulations need careful
little to halt the increase in red tape.
review. Perhaps the moratorium will
That Bush has changed his tune
provide the Council on Competitive-
is certainly a promising sign. Mov-
ness with that opportunity.
ing against regulations, both new
Americans should be happy that
and old, is a necessary step for eco-
deregulatory action has finally
nomic recovery. Like all good things,
found its way onto the president's
this initiative is better late than
radar screen, but by no means
never. Nonetheless, it must be un-
should they be content. The reg-
derstood that the immediate impact
ulatory burden imposed on the econ-
of the moratorium will be rather
omy by the federal government con-
limited in scope.
tinues to cost jobs and productivity.
Many of the regulations coming
It must be cut back if the growth of
down the pike are bound by stat-
the 1980s is ever to return.
utory deadlines. As a result, the ad-
If the president has finally
learned this lesson - and by now he
should have - then it is time to get
Jonathan H. Adler is a policy and-
down to business. The regulatory
lyst at the Competitive Enterprise
moratorium, while a decent first
Institute.
step, should be only the beginning.
WALL ST.J. 01/30/92
Heads of Agencies
Asked to Weed Out
Unnecessary Rules
191
By BoB DAVIS
Staff Reporter of THE WALE STREET JOURNAL
WASHINGTON-President Bush asked
agency heads to strive over the next 90
days to "weed out unnecessary and bur-
densome government regulations."
In a memorandum, the president asked
cabinet officials and heads of independent
agencies to identify regulations that im-
pose a "substantial cost on the economy"
and decide whether they meet certain stan-
dards, including whether they are cost-ef-
fective. "To the maximum extent permit-
ted by law," the president said, "your
agency should refrain from issuing any
proposed or final rule" during the 90-day
period.
Agency rules should set "performance
standards" instead of "prescriptive com-
mand-and-control requirements,' the pres-
idential memorandum said. That would let
businesses meet regulations "at the lowest
possible cost," it said.
The memorandum didn't contain any
hit list of regulations that the White House
wants altered or scrapped. Instead, the
president asked each of the agencies to
name a senior official for "permanent reg-
ulatory oversight," and he requested that
agencies propose regulations to be altered.
Rules "imposing the largest unnecessary
burden [should be ] the first to be revised or
eliminated," the president said.
Public Citizen, a Washington, D.C., con-
sumer group, said the presidential action
could block rules that the Occupational
Safety and Health Administration was ex-
pected to issue soon to limit worker expo-
sure to cadmium, formaldehyde and grain
dust, among other substances. David Vla-
deck, a senior attorney at the Ralph
Nader-affiliated group, threatened to sue if
the rules are held up because of the regula-
tory ban.
Although the White House hasn't re-
leased a list of regulations that could be af-
fected, senior aides there have said they
are especially interested in easing rules re-
garding telecommunications and the intro-
duction of genetically engineered plants
and pesticides.
In his memorandum, Mr. Bush said
rules would be exempt from the morato-
rium if they respond to health and safety
emergencies, affect the military, are re-
quired by statute or are essential to a
criminal investigation. In addition, the
president said rules could be issued if the
agency involved and the White House
Council on Competitiveness determine they
would "foster economic growth."
The council, headed by Vice President
Dan Quayle, is charged with overseeing
the regulatory moratorium and review.
Which Boss Should a Poor Regulator Believe?
WALL ST.J. 02/12/92
It's easy to dismiss President Bush's
comply with Mr. Bush's regulatory mora-
question. The difficulty has been finding a
and quasi-administrative. Those who be-
90-day moratorium on federal regulations
torium or his order to review their current
way to get one of these cases before the
lieve the government Interferes in the lives
by predicting a superfat edition of the Fed-
rules. Rep. Dingell warned against being
Supreme Court.
of Americans too much/already aren't real
eral Register on Day 91. Maybe. It's also
"impeded, subtly or otherwise
volun-
Regulated businesses might be able to
crazy about any of those agencies, whether
possible, though, that 90 days can become
tarily or not, at the urging of the White
go to court to oppose burdensome regula-
it's the FDA or the FCC or I mean, just go
happily ever after. Intentionally or not,
House." The Dingellgram also warned
tions that remain on the books after the 90
down all the alphabets.'
Mr. Bush has created the greatest chance
agency heads not to consult with "anyone
days are up. Or the Bush administration
His point is that limiting independent
in years to bring political accountability to
In the executive branch about this letter or
could take the opportunity of quasi-compli-
agencies would limit regulatory interven-
the "independent regulatory agencies."
the content of your reply."
ance with a presidential order by quasi-
tion. "We are not capable of determining
Mr. Bush announced a freeze on regula-
So independent agencies are supposed
constitutional regulatory agencies to re-
whether or not there should be .005 parts
tions and ordered a review of all existing
to be independent of the president, but not
solve the question. Whether or not the ad-
per billion of a carcinogenic substance In
federal rules in his State of the Union. His
of the chairman of the House Commerce
ministration planned a confrontation with
the effluent of a factory coming out of the
Committee. This isn't how the constitu-
Congress on who, If anyone, controls the
wall of a factory." Sen. Biden told Mr.
Rule of Law
tional system was supposed to work. The
regulators, Mr. Bush's Justice Department
Barr. If Congress is "held up to that,
Founders set out three branches-legisla-
should be ready if called.
which is part of the scheme that you may
tive, executive, judicial. There is no refer-
The confirmation hearings for Attorney
not be part of, or part of the intellectual
By L. Gordon Crovitz
ence to a quasi-anything branch of govern-
General William Barr in November were
construct that's under way, then that obvi-
ment. Even FDR, who created many of
so affable that few noticed an important
ously is going to tie us up so long, in such
these agencies, eventually complained that
exchange on this question between Sen. Jo-
mire and detail, that we're not going to be
order, styled "Memorandum for Certain
they "constitute a headless 'fourth branch'
able to make policy judgments."
Department and Agency Heads, Subject:
of the government, a haphazard deposit of
If Regulators Answer
In other words, Congress can't regulate
Reducing the Burden of Government Regu-
irresponsible agencies and uncoordinated
The President's Call
so broadly or deeply into the economy as
lation," is addressed to cabinet officers,
powers" that "cannot be controlled by the
President Bush's State of the Union called for
the independent agencies do. The problem
but also to the heads of agencies such as
president."
is that Congress also refuses to put the
the Securities and Exchange Commission,
a 90-day moratorium on new federal regulations.
There are few constitutional questions
It also ordered a review of all existing regulations,
agencies under the control of the executive
Federal Trade Commission and Environ-
as stark as whether these agencies fit in
which he said should be repealed unless they:
branch. The Founders, who envisioned a
mental Protection Agency.
our constitutional system. Theodore Olson,
much less intrusive federal government.
This is key because if these "indepen-
a former Reagan Justice Department offi-
Include benefits that clearly outweigh the costs
might have said that if no politically ac-
dent" regulators fail to comply, we could
cial, has a telling anecdote. He recalls he
Use performance standards, not command-
countable body can regulate, then no óne
finally get a challenge to their constitution-
was perplexed when he looked up the rules
and-control edicts
should.
ality. No one thinks any agency will spon-
of succession when President Reagan was
Use market mechanisms
The key exchange occurred when Sen.
sor a bonfire of its inanities, but Mr. Bush
shot, only to see that his pocket copy of the
Provide clarity and certainty to avoid need-
Biden said, "Well, if the president asked
set up an intriguing test of his control over
Constitution was printed before adoption of
less litigation
you to pursue a litigation strategy that
the bureaucracy if agencies fall to comply,
the 25th Amendment. "So when I started
would challenge the constitutionality of in-
as the EPA already threatens. At the end
thinking about independent agencies and
seph Biden and Mr. Barr. Mr. Biden, who
dependent agencies, how would you re-
of the 90 days, Mr. Bush expects a written
could not find a fourth branch of govern-
during the Clarence Thomas hearings pub-
spond?" The diplomatic Mr. Barr said,
report from each agency that includes "a
ment mentioned in my Constitution," Mr.
licized the Takings Clause and property
"I'd have to see if we could make reason-
summary of any regulatory programs that
Olson said in a recent speech, "I thought
rights, also drew attention to this area of
able, good-faith arguments."
are left unchanged and an explanation of
that maybe I had another defective Consti-
separation of powers.
Sen. Biden cited Justice Scalla for the
how such programs are consistent with the
tution, or perhaps that two of the pages
"There is a whole, well-informed, artic-
good-faith argument that Mr. Bush's law-
regulatory standards" excerpted nearby.
had become stuck together."
ulate school of thought that argues that the
yers could bring. "I will promise you that
One congressman is already gunning for
For years, Mr. Olson and other strict
present regulatory agencies, which I be-
before the next several years are out,"
a constitutional High Noon. John Dingell
constructionists have wanted the Supreme
lieve if they got before the court, adopting
Sen. Biden said, "there's going to be a di-
wrote a dozen agency heads, including
Court to review the legal status of indepen-
Scalia's rationale, would all be declared
rect constitutional attack on the constitu-
Richard Breeden at the SEC and Alfred
dent agencies. Justice Antonin Scalia has
unconstitutional,' Sen. Biden said. "I can't
tionality of a number of the independent
Sikes at the Federal Communications Com-
said in several opinions that the constitu-
think of a single administrative agency
regulatory agencies."
mission, warning that they'd better not
tionality of these agencies remains an open
that isn't quasi-judicial, quasi-legislative
Maybe sooner, not later.
- Carol- -
This is some
information on Regulations
that Home Builders arl
Hazardons communications is especially
opposed to, The First one
significant + important.
GIVE MC a call
if you have any
questions Kristin Ryan
X6222
Council on Comp.
National Association of Home Builders
15th and M Streets, N.W., Washington, D.C. 20005
(202) 822-0401 Fax No: (202) 822-0374
Kent W. Colton, Ph.D.
Executive Vice President &
Chief Executive Officer
March 20, 1992
Mr. Roland G. Droitsch
Deputy Assistant Secretary for Policy
U.S. Department of Labor
Room S2312, Francis Perkins Building
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Dear Mr. Droitsch:
Re: DOL Regulatory Review, 57 Fed. Reg. 6301 (2/24/92)
Introduction
On behalf of the 151,000 members of the National Association
of Home Builders, I am pleased to submit these comments in response
to the above-referenced notice and the President's ongoing review
of burdensome regulations throughout the federal government.
NAHB's members are involved in all aspects of building and
supplying single-family homes, apartments, condominiums, and
commercial and industrial projects, as well as land development and
remodeling activities. Virtually all of our members are affected
by DOL regulations. The focus of our present comments will be on
two rules issued, or about to be issued, by the Occupational Safety
and Health Administration. These are (a) the Hazard Communication
Standard, 29 CFR § 1926.59, which became effective in the
construction industry on March 17, 1989, and (b) OSHA's proposed
rule dealing with Occupant Protection in Motor Vehicles, 55 Fed.
Reg. 28,727 (1990), which is expected to be finalized later this
year.
The Hazard Communication Standard
The Hazard Communication Standard, or HCS, generally requires
all employers to educate their employees about the hazardous
chemicals to which they are exposed in the workplace, and the
methods necessary for the employees to protect themselves from
dangerous exposure. The HCS has a long regulatory history, much
of which is not relevant in the present context. We would,
however, like to call the Department's attention to the rule's
"multi-employer worksite" rules, § 1926.59 (e), and suggest that
they be reviewed and modified.
Mr. Roland G. Droitsch
March 20, 1992
Page Two
The multiemployer worksite requirements of the HCS principally
affect employers in the building industry. They require such
employers to maintain copies of their written hazard communication
programs and material safety data sheets (MSDS) on each site.
These provisions, which were drafted in order to "tailor" the HCS
to the construction industry (see 52 Fed. Reg. 31,865) have proven
to be extremely onerous for the small builders who predominate in
our industry. As we have repeatedly argued to OSHA over the past
few years, much of the home building which takes place in this
country occurs at small, scattered sites, often with only one or
two contiguous lots under development at a time. These projects
do not contain jobsite trailers or other office-type facilities
where written programs and collections of MSD sheets can be safely
stored. Moreover, for a builder who may simultaneously be working
on dozens of such scattered sites, the multiemployer rules
literally require that a sufficient number of written programs and
"MSDS books" be copied, distributed, and maintained on all of these
sites.
In our view, this is the classic case of a regulation which
"imposes a substantial cost on the economy" with little
corresponding benefit. Our concern with this provision is
demonstrated by the construction industry's litigation over the HCS
which culminated in the Supreme Court's 1990 decision in United
Steelworkers of America V. Dole, 494 U.S. 26 (1990). While that
decision held that the Office of Management and Budget did not have
the authority to review the HCS under the Paperwork Reduction Act,
OSHA still has the authority to modify the rule to eliminate these
useless and expensive paperwork requirements.
Turning specifically to the criteria set forth in the
President's directive to the agencies, we would note the following:
(a) The benefits to society of this regulation do not
outweigh the costs. Many builders have spent thousands of dollars
in staff time and copying costs in order to comply with the
paperwork requirements of the HCS. Yet the corresponding benefits
to society, particularly insofar as any demonstrable increase in
worker safety or health, have yet to be established. OSHA
continues to insist that MSD sheets serve a useful function as a
means of communicating hazard information to employees, and that
they provide important information that cannot be conveyed by a
traditional warning label on a container. This hardly recognizes
the realities of the workplace. Common sense dictates that in the
event of fire, ingestion, inhalation, spill, or any other emergency
associated with the use of a hazardous substance, workers will look
first to the container label for guidance. MSD sheets cannot serve
this function. MSD sheets are complex technical documents which
may run as long as 30 or 40 pages in length. They are prepared by
chemical manufacturers, and the information which they contain is
Mr. Roland G. Droitsch
March 20, 1992
Page Three
well beyond the comprehension of most workers. To give one
example, the MSD sheet for common photocopier toner (copy attached
as Exhibit A to these comments) is replete with the results of
various toxicological tests which have been performed over the
years on rats, rabbits, guinea pigs, and fathead minnows. This is
hardly the type of information that saves lives in an emergency.
Yet the maintenance of these documents on all jobsites is costly
and a tremendous regulatory burden upon our industry.
(b) This regulation is not fashioned to maximize net benefits
to society. Maximizing net benefits means maximizing worker
protection while keeping regulatory costs to a justifiable level.
As between labels and MSD sheets, it is clear that the former are
less costly. Labels are printed for all containerized products,
and many noncontainerized ones as well. They serve a variety of
purposes, including product identification, marketing, instructions
for use, etc. The incremental cost of requiring chemical
manufacturers to add hazard information to their labels (something
they have been required to do since the mid-1980's) is clearly less
than the cost of developing and printing separate stand-alone
documents such as MSD sheets.
With regard to benefits, given the widespread existence of
detailed hazard warning labels in the industry, the incremental
benefits of the MSD sheet requirement has never been proven to be
substantial. In 1988, the construction industry made a substantial
presentation to OSHA comparing the content and effectiveness of a
label-based system with those of MSD sheets. See Exhibit B,
"Comments and Request for Hearing by the Construction Industry
Hazard Communication Coalition on Proposed Revisions to OSHA Hazard
Communication Standard" (October 28, 1988), pp. 16-29. This
analysis concluded that:
"[W]ith the exception of the manufacturer's telephone
number,
product labels contain all the product-
specific information necessary for an employee to protect
himself. The information on product labels is much more
readily available in case of emergency than that on
MSDSs. The employee only has to pick the container and
read, instead of going into a file drawer, searching
through 300 MSDSs to find the right one, then reading
through two to five pages of fine print and
incomprehensible chemical data to find the required
information." Id. at 28-29.
(c) The MSDS requirements are not performance-based. It is
significant that despite these findings, the construction industry
has never advocated the abolition of MSDS requirements. Our
position historically has been that these documents, as technical
as they are, can be made available to workers on some reasonable
Mr. Roland G. Droitsch
March 20, 1992
Page Four
basis, such as at a central office location. This office may be
a few miles from the worksite, but again, if the important
information is on the label, there will be no need to create a
system of MSD "libraries" on all sites. OSHA's continued
insistence on having written programs and MSD sheets on all
jobsites is a marked departure from the traditional notion that the
HCS should be performance-based. By telling every construction firm
in America where to put the MSD sheets, the agency has departed
from this notion, and instead adopted a prescriptive command-and-
control requirement that does not give the industry the flexibility
to ensure that workers get the information they need.
(d) The MSD requirements do not take full advantage of market
mechanisms. While there is no "market" for safety and health in
any industry, there are considerations other than the threat of
OSHA action which often dictate a company's safety and health
policies. The omnipresent threat of private liability suits, and
the ever-increasing insurance premiums in our industry, are
important factors even to a company that has never seen an OSHA
inspector.
The type of lawsuit which most directly relates to the issues
addressed by the HCS is a so-called "failure to warn" case. These
actions typically involve an allegation by a worker that an
employer was negligent in not fully advising his employees of
certain risks within the workplace. Any company whose business
involves the use of hazardous chemicals has an economic interest
in minimizing its risk in this area. OSHA's HCS might be
considered a "standard" for compliance, and the builder may well
decide that placing MSD sheets on all of his jobsites is
appropriate, but this decision should be based on his assessment
of the risks, and not on a government mandate.
(e) The rule does not provide clarity and certainty which
will avoid needless litigation. As currently structured, the
requirements of § 1926.59 (b) will not minimize litigation. Indeed,
they are an open invitation for OSHA inspectors to issue frivolous
citations in situations where there is little impact on worker
safety or health. As currently structured, any worker in America
who is cutting a board, painting a wall, or caulking a bathroom is
risking a citation to his employer, and a fine of several thousand
dollars, unless there is a written hazard communication program and
a file of required MSD sheets within reach. In many cases, the
only way to fight such a citation is by retaining a lawyer and
going to court. Thus, the HCS presents a tremendous risk of
needless litigation, with little corresponding benefit to the
overriding interest of employee safety and health.
Mr. Roland G. Droitsch
March 20, 1992
Page Five
In conclusion, NAHB maintains its position that written
programs and MSD sheets, to the extent they are deemed necessary,
should be made available to workers on some reasonable basis, but
not necessarily on every building site in America. We highly
recommend that OSHA undertake a reexamination of this rule in light
of several years of experience since its promulgation and make the
necessary amendments to it.
Occupant Protection in Motor Vehicles
On July 12, 1990, OSHA proposed a rule dealing generally with
the protection of occupants riding in motor vehicles while on
company business. See 55 Fed. Reg. 28,727 (1990). This proposal
deals with three principal issues: the wearing of safety belts in
motor vehicles; the use of helmets on motorcycles; and the
implementation of "employee driver safety awareness programs" by
all employers regulated by OSHA. NAHB filed an extensive set of
comments with OSHA on November 8, 1990 (copy attached as Exhibit
c). The discussion below will analyze the rule under the criteria
set forth in the President's directive:
(a) The rule's training requirements do not justify their
costs. OSHA's own rulemaking proposal recognizes that training
programs have been shown to decrease traffic citations rather than
substantially decrease the number of accidents. See 55 Fed. Reg.
at 28,730. While accidents are not wholly unrelated to driver
skills, the real causes of accidents are fact specific driving
conditions or "individual specific" factors such as drug and
alcohol use. See Exhibit D, Insurance Institute for Highway
Safety, Facts, 1990 Edition (1990), p. 27. Generic training
programs are ineffective in addressing these problems. At the same
time, the costs of such programs would be excessive in a
decentralized industry such as construction. Workers moving from
job to job may perform different tasks at each job. Also, there
is a wide disparity of education and literacy levels within the
industry. A standard program may not reach some workers while
tailoring a program to skill levels would be expensive and would
force employers into the role of driver education instructors.
Further, monitoring training records and providing retraining when
using different vehicles would not only hinder the mobility of the
workers but add a costly layer of paperwork for employers. One
need only go to a local Department of Motor Vehicles office to
understand the bureaucratic nightmare of monitoring motor vehicle
records.
(b) The rule is not fashioned to maximize net benefits to
society. Maximizing worker safety is, of course, a prime concern
of all employers in the construction industry. However, the
proposed rule fails to provide maximum protection at a justifiable
cost. Safety belt and motorcycle helmet requirements are somewhat
Mr. Roland G. Droitsch
March 20, 1992
Page Six
narrow bands of protection. They realistically extend only as far
as the jobsite unless the employer rides with his employees at all
times. Any type of stepped-up enforcement would be time consuming
and turn employers into traffic police. The wearing of safety
belts and helmets is a habit and, like other habits, an employer's
efforts of control really do not reach beyond the employer's direct
contact with the employee. On the other hand, state laws which
require safety belts and helmets at all times would extend the
"safety belt habit" beyond the jobsite and onto the roads where it
is most effective.
The net benefit of safety training is also not maximized under
this rule. Again, there is little proof that such training reduces
accidents. Accidents are more related to particular circumstances
than to driver skills. Insurance Institute for Highway Safety,
Facts, 1990 Edition (1990). Less rigid measures such as ad
campaigns which remind workers to "stay alert" and "drive to stay
alive" would serve as more focussed safety reminders to individuals
as compared to an annual safety lecture.
(c) The occupant safety requirements are not performance
based. Given the vagaries of how accidents happen and why people
get hurt, it is apparent that the safety belt, motorcycle helmet,
and training program requirements are not performance based.
Mandating rigid standards in such a personalized field as safety
is the wrong approach to take in an area that is really "habit"
driven. Instead, individual employers, especially the small
employer that dominates the construction industry, can best tailor
programs to encourage vehicle safety. Some may even adopt similar
programs. Ultimately, the safety program that works is the one
that reaches the individual employee. The command element of a
national standard with rigid requirements is ill-suited to reach
the individual.
(d) The occupant safety rules do not take full advantage of
market mechanisms. Beyond OSHA inspection to enforce safety
measures, there is the threat of litigation, rising insurance
premiums and public opinion. Each of these three factors has a
substantial impact on how an employer encourages safety among his
or her employees.
Obviously, employers in the construction industry are exposed
to liability for work accidents on a regular basis. Their
responsibility is extended considerably by putting workers on the
road where an accident with a non-employee could impose liability
on the employer. This exposure to a lawsuit is a powerful
incentive for an employer to make sure the drivers he or she puts
on the road are safe drivers. The proliferation of trucks and
commercial vans which bear signs asking for reports of unsafe
driving are proof that employers are concerned about the issue.
Mr. Roland G. Droitsch
March 20, 1992
Page Seven
As the cost and likelihood of litigation increases, builders will
respond by increasing their safety programs and measures including,
in many cases, mandatory safety belts and helmets and offering
safety training.
Rising insurance premiums for the construction industry will
engender a similar response. As OSHA noted, insurance companies
have always been receptive to offering discounts for safe driving
programs and measures. 55 Fed. Reg. at 28,731. Builders will
embrace such an incentive as lower premiums and will meet or
surpass whatever standards are set by the insurance company.
Finally, and perhaps most importantly, good safety records on
the roads are a very visible reminder to the public that a company
is concerned about consumers. As "Domino's Pizza" found out, a
reputation for reckless driving damages public relations. Company
drivers in vehicles marked with the company logo are especially
conscious of the need for safe driving. Employers, seeing the
potential negative publicity of unsafe driving, will instill the
need for safety conscious driving in their employees. Further, a
company with a "safety conscious" reputation will attract the
quality employees especially sought after in the construction
industry.
(e) The rule does not provide clarity and certainty which
will avoid needless litigation. The difficulty of enforcing safety
belt and helmet requirements in a decentralized industry like
construction will significantly increase the exposure of employers
to needless litigation. Each time an employee leaves a site, a
potential fine arises which is beyond the employer's practical
control. 55 Fed. Reg. at 28,741. Even if an employee has a
legitimate explanation for not wearing a safety belt (a broken
locking mechanism, for example), the employer will have to expend
the time and money to have his story heard. Unfortunately, such
effort will do little to get the next employee to wear a safety
belt or helmet. As stated above, these actions are more a matter
of personal choice than employer command.
The training program requirements are especially conducive to
litigation. Could an employer be held liable for an accident
involving an employee who, without really understanding the
information, passes the minimal standards anyway? Must the
employer provide different levels of training for employees with
different levels of education? Is the employer responsible for
the quality of training an employee received from a different
employer? These are the questions that will surely arise under a
training requirement. The issues they address have little to do
with fostering employee safety and much to do with the inherent
problems of industry wide safety training requirements.
Mr. Roland G. Droitsch
March 20, 1992
Page Eight
Conclusion
We appreciate this opportunity to make this submission to you,
and look forward to working with you and the Council on
Competitiveness on these issues in the future.
Sincerely, Kata cet
Kent W. Colton
Executive Vice President
CC: Council on Competitiveness
Office of Advocacy, SBA
Trade Name: 1020/1035/2830 Toner
MSDS No
0020
Section IV - Physical Data
Appearance/Odor: Black powder / faint odor
Softening Range: 85°C to 100°C
Boiling Point: N.A.
Melting Point:
N.A.
Solubility in Water: Negligible
Specific Gravity (H₂O = 1): 1
Evaporation Rate: N.A.
Vapor Pressure (mm Hg): N.A.
Vapor Density (Air = 1):N.A.
pH = N.A.
Volatile N.A. % (Wgt.) N.A. % (Vol.)
Section V - Fire and Explosion Data
Flash Point (Method Used): N.A.
Flammable
LEL:
N.A.
Limits
UEL: N.A.
Extinguishing Media: Water, Foam, Dry chemical
Special Fire Fighting Procedures: Avoid inhalation of smoke.
Fire and Explosion Hazards: Toner is a combustible powder. When dispersed in air, it forms explosive mix-
tures.
Section VI - Reactivity Data
Stability:
Unstable
Hazardous
May Occur
Stable
X
Polymerization:
Will Not Occur
X
Hazardous Decomposition Products: Products of combustion are toxic. Avoid breathing smoke.
Incompatability (Materials to Avoid): None
Section VII - Special Protection Information
Respiratory Protection: None required when used as intended in Xerox equipment.
Eye Protection: None required when used as intended in Xerox equipment.
Protective Gloves: None required when used as intended in Xerox equipment.
Other: For use other than normal customer - operating procedures (such as in bulk toner processing facilities),
goggles and respirators may be required. For more information, contact Xerox.
Section VIII Special Precautions
Handling and Storage: None
Conditions to Avoid: None
Section IX - Spill, Leak, and Disposal Procedures
For Spills or Leakage: Loose toner can be removed using a vacuum cleaner. Residue can be removed with
cleaned. soap and cold water. After removal of loose toner, garments may be washed or dry
Waste Disposal Method: Do not incinerate. No special techniques beyond normal practice Insure
conformity with federal, state or local regulations.
Section X . Transportation Information
DOT Proper Shipping Name: Not F egulated
Hazard Classification: N.A.
ID Number: N.A.
XEROX
Dear Customer:
Xerox Corporation is pleased to enclose a Material Safety Data Sheet
(MSDS) for each chemical product in this shipment. We will be
sending MSDS's with each new machine or with the first shipment of
supplies.
These MSDS's, as all previously furnished MSDS's, are the result of
the work of Xerox environmental health and safety specialists.
Xerox supplies and products are extensively tested and evaluated to
insure they do not represent any known health or safety hazard under
normal use.
These sheets will assist you in fulfilling your employee obligations as
required by the OSHA Hazard Communication Regulation (29 CFR
1900.1200), effective May 25, 1986. Xerox has chosen to supply
MSDS's for all its marketed chemical products, whether required by
governmental regulations or not, to assure total support of your
employee training programs. Please forward these MSDS's to the
individual in your company responsible for health and safety practices
so that your employees will be fully informed.
Xerox is proud of its continuing commitment to support our
customers with safe, environmentally sound products. If you need
additional copies of the MSDS's OF more information, please contact
the Xerox Safety Department at (800) 828-6571.
Sincerely,
PauWCahn
Paul v. Cahn
Manager, Supplies Business Area
600P9115
Construction Industry
ATTACHMENT A2
Hazard Communication Coalition
October 28, 1988
Docket Officer
Docket H-022D
Occupational Safety and Health Administration
200 Constitution Avenue, N.W., Room N3670
Washington, D.C. 20210
Dear Sir:
Re: Comments and Request for Hearing by the Construction
Industry Hazard Communication Coalition Proposed
Revisions to OSHA Hazard Communication Standard
(53 Fed. Reg. 29.821)
I.
INTRODUCTION
On August 8, 1988, OSHA published in the Federal
Register a Notice of Proposed Rulemaking proposing certain
modifications to the OSHA Hazard Communication Standard
(HCS) 1/ The purpose of this letter is to express the
concerns of the Coalition of Construction Industry Trade
Associations about OSHA's proposal, to suggest regulatory
alternatives, and to submit data supporting our suggested
alternatives. The Coalition also hereby requests the
1/
The HCS is codified at various places in Title 29 of the
Code of Federal Regulations, including Parts 1910.1200,
1915.99, 1917.28, 1918.90, and 1926.59.
2/
The Construction Industry Hazard Communication Coalition
consists of 33 trade associations (listed at the end of
this letter) representing more than 200,000 employers
involved in all aspects of residential, commercial, and
highway construction and related activities. The
Coalition was formed in late 1987 to represent the
interests of the construction industry in matters
relating to hazard communication.
Steering Committee
American Subcontractors
Associated Builders and
Associated Specialty
National Association of
Association, Inc.
Contractors. Inc.
Contractors, Inc.
Home Builders. Inc.
1004 Duke Street
729 15th Street, N.W.
7315 Wisconsin Avenue
15th and M Streets. N.W.
Alexandria, VA 22314
Washington, DC 20005
Bethesda, MD 20814
Washington, DC 20005
(703) 684-3450
(202) 637-8800
(301) 657-3110
(202) 822-0200
Occupational Safety and Health Administration
October 28, 1988
Page 2
opportunity to present a panel of witnesses at OSHA's informal
hearing on the HCS, presently scheduled to begin on December 6,
1988. As we have stated to OSHA in previous submissions, our
goal in this effort is not to avoid hazard communication in the
construction industry. We are merely attempting to insure that
the provisions of any hazard communication rule are reasonably
necessary and appropriate to reduce significant risks and can
be implemented feasibly on construction industry job-sites.
A.
Procedural History of the Revised HCS
1. Prior Proceedings
OSHA promulgated a hazard communication standard for
manufacturing employers alone on November 25, 1983. In
promulgating the HCS for the manufacturing sector, OSHA
declared that the Standard would not apply to non-manufacturers
based on the record evidence that the rate of chemical injuries
and illnesses in non-manufacturing industries was substantially
lower than in manufacturing. While OSHA asserted that certain
non-manufacturing employees were "exposed" to hazardous
chemicals and that such employees would benefit from hazard
communication, the agency cited no evidence that construction
industry employees were subject to "significant" risks of
injury due to any lack of information about hazard chemicals,
not already alleviated by the industry's existing hazard
communication requirements.
The United Steelworkers of America and other parties
filed petitions for review of the manufacturing HCS with the
Court of Appeals for the Third Circuit. The court held in May,
1985, inter alia, that the Secretary had failed adequately to
explain why it was not feasible for the same standard to be
applied in non-manufacturing sectors. United Steelworkers of
America V. Auchter (USWA I), 763 F.d 728, 738 (3d Cir. 1985).
The Court directed the Secretary to reconsider the application
of the standard to other employers and to extend coverage of
the standard to non-manufacturers unless the Secretary could
state why such coverage was not feasible.
In response to the Court's order, the Secretary
published an Advance Notice of Proposed Rulemaking on
November 27, 1985 on the likely impact and feasibility of
extending the HCS to non-manufacturing industries. This ANPR
did not contain any proposed rule for non-manufacturers, nor
did it indicate in any precise way how OSHA proposed to extend
or modify the existing, manufacturing HCS so as to apply it to
such divergent industries as construction.
Occupational Safety and Health Administration
October 28, 1988
Page 3
The bulk of the ANPR comments received with regard to
construction stated that incidents involving workplace injuries
or illnesses due to hazardous materials were rare, that
existing training and safety measures were sufficient to
alleviate any alleged risk of injury from hazardous materials,
and that extension of the HCS in its present form to
construction would be tremendously burdensome and expensive.
Numerous commenters also pointed out the significant
differences between construction worksites and other
industries' facilities, including problems relating to
transient workforces, multiple and ever-changing employers and
worksites. The commenters, including some unions, further
recommended that any HCS for the construction industry be
issued in the form of a "vertical" standard, i.e., one which
was specifically tailored to the unique work practices of the
construction industry.
Prior to OSHA's taking any action on the ANPR,
however, the USWA filed a motion for further relief with the
Third Circuit. In response to that motion, the court on
May 29, 1987 held that its prior order did not contemplate
further rulemaking. The Court ordered the Secretary to publish
within sixty days a hazard communication standard applicable to
all workers covered by the Act, based on the existing
administrative record, or to state why such a standard was not
feasible. United Steelworkers of America V. Pendergrass (USWA
II), 819 F.d 1263, 1270 (3d Cir. 1987).
Again in USWA II, the Court did not expressly consider
whether and how the HCS should be tailored to any specific
non-manufacturing industry, including construction. Nor was
the Court asked to consider whether all aspects of the HCS were
"necessary and appropriate" to reduce identified risks of
injury in the construction industry. The Court also was not
presented with, nor did it consider, how OSHA should comply
with the review and consultation provisions of such statutes as
the Paperwork Reduction Act, the Construction Safety Act, and
the Regulatory Flexibility Act, in extending the HCS to the
construction industry.
In any event, OSHA complied with the Court's order by
publishing its revised HCS for all non-manufacturing industries
on August 24, 1987. OSHA did not publish any separate proposed
standard applicable to construction or obtain comments
thereon. OSHA also failed to make findings that construction
employees were subject to any significant risk of harm due to
their alleged exposure and alleged lack of information about
hazardous materials, in view of the construction industry's
unique work settings and already existing hazard communication
requirements.
Occupational Safety and Health Administration
October 28, 1988
Page 4
2. New Provisions Added to the Revised HCS
The Final Rule issued by OSHA on August 24, 1987 was
not a mere expansion of the application of the previously
existing Hazard Communication Standard which applied to those
industries in SIC codes 20-39. In fact, as OSHA stated in the
preamble to the Standard, "[t]his final rule is both an
expansion and revision of the current HCS." The new Standard
contained numerous changes from the pre-existing HCS. These
changes were never issued in the form of a proposed rule. Many
of the modifications are significant, particularly for the
construction industry.
One substantive modification of the previous standard
was the addition of § (e) (1), requiring employers to maintain a
written hazard communication program for their workplace "at
the workplace." Thus, under the new standard, the written
program must be maintained at each job-site, a significant
difference to an industry in which large numbers of job-sites
are routine. The revised standard also included a new
provision of § (g) (9) which permits MSDSs to be maintained at a
central location at the "primary workplace facility" only if
employees "must travel between workplaces during a workshift."
Another substantive change was the addition of
§ (e) (2). This section requires that employers who produce,
use, or store hazardous chemicals at multi-employer worksites
must include in their hazard communication programs the methods
they will use: 1) to provide or make available MSDSs to the
other employers' employees; 2) to inform the other employers of
the measures needed to protect employees during "normal
operating conditions and foreseeable emergencies"; and 3) to
inform other employers of the labeling system in use.
Another addition to the revised standard was
§ (b) (6) (vii), which exempts "[a]ny consumer product or
hazardous substance" only if the employer "can demonstrate it
is used in the workplace in the same manner as normal consumer
use" and results in exposure not greater in frequency and
duration than in consumer use.
Other new provisions were added in the revised
standard. Included are § (g) (7), requiring retailers to make
MSDSs available to commercial customers only upon request; §
(b) (6) (viii), providing an exemption for any drug in a solid
final form for direct administration to a patient; and §
(f) (2), discussing labeling of steel beams and other solid
metal, among others.
Occupational Safety and Health Administration
October 28, 1988
Page 5
3. Paperwork Review of the Revised HCS
The Paperwork Reduction Act, 44 U.S.C. $3504(h),
requires that all agencies submit to the Office of Management
and Budget (OMB) any proposed information collection
requirements prior to finalizing new paperwork burdens on the
private sector. OSHA did not submit the revised HCS to OMB for
its review prior to publication of the Standard, however.
Rather, OSHA only submitted the final revised HCS for OMB
review on September 10, 1987. See 52 Fed. Reg. 46075.
On October 23, 1987, OMB disapproved significant
aspects of the revised HCS, pursuant to OMB's authority under
the Paperwork Reduction Act, and suggested reasonable
alternatives. See 52 Fed. Reg. 46075. Specifically, OMB
disapproved: (1) the new requirement in Section (e) (2) (i) that
each employer provide its MSDSs on multi-employer worksites to
all other employers on such sites or make them available at the
workplace; (2) OSHA's new restriction on the exemption for
consumer products in Section (b) (6) (vii), which would require
employers to demonstrate use in the same manner and quantities
as consumer use. Id.; and (3) the restriction of the exemption
for FDA-regulated drugs to only those drugs in solid, final
form (Section (b) (6) (vii). OMB also objected to the limited
scope of OSHA's "article" exemption (Section (c)), as applied
to the non-manufacturing sector, suggesting the need for a "de
minimis" cut-off. Finally, OMB disapproved the imposition of
the HCS without OSHA's first providing guidelines and other
technical assistance to employers to help reduce the cost of
compliance.
OMB further conditioned its approval of the remaining
information collection requirements of the revised HCS on an
agreement by OSHA to conduct a reconsideration of the
standard. This was to be done via a rulemaking proceeding to
have been initiated by December 1, 1987, and completed by
March 1, 1988. OMB also required OSHA to submit, by January 1,
1988, a plan for providing assistance to employers in the form
of generic training programs and guidelines.
Contrary to the OMB order, OSHA failed to publish any
notice of proposed rulemaking reconsidering the paperwork
provisions of the HCS on or before December 1, 1987. OSHA also
failed to submit any generic program or guidelines for
employers, or plan for the production of such aids to
employers, by January 1, 1988. Nevertheless, on April 13, 1988
OMB issued a new order, reaffirming its initial disapproval of
portions of the HCS, but allowing the remainder to go into
effect based on OSHA's promise to initiate further rulemaking.
Occupational Safety and Health Administration
October 28, 1988
Page 6
53 Fed. Reg. 15033. The present Notice of Proposed Rulemaking
was published on August 8, 1988.
On August 19, 1988, a panel of the Third Circuit again
granted a motion for further relief in USWA III. The Court
held that OMB lacked authority to disapprove the changes to the
HCS. A petition for rehearing has been filed, which has not
been ruled on by the Court.
4.
Recommendations of the Construction Advisory
Committee
The Construction Safety Act, 40 U.S.C. $333, and
OSHA's own regulations, 29 C.F.R. § 1911.10, require the
Secretary to seek the advice of the Advisory Committee on
Construction Safety and Health prior to implementing a new
safety standard for the construction industry. OSHA did not
submit the revised HCS which it ultimately published to the
Advisory Committee prior to such publication, however. Rather,
in March, 1987, OSHA provided the Advisory Committee with an
unpublished draft proposal for a new HCS, which was not
ultimately implemented. This draft was discussed at the
Committee's June 23, 1987 meeting, and the Committee reacted by
recommending that an entirely separate standard for the
construction industry be adopted. The Committee reiterated
this recommendation on March 14, 1988.
Notwithstanding the Advisory Committee's
recommendations, OSHA proceeded to publish the August 8 NPRM
without in any way taking into account the unique work
practices of the construction industry. The agency "continues
to believe that the record substantially justifies the Agency's
regulatory choices," and that all of the data submitted to OSHA
over the past year "has, by and large, not convinced OSHA that
significant changes are warranted " 53 Fed. Reg. 29,825.
OSHA claims that the "expectations" of both the manufacturing
and non-manufacturing sectors are "settled," and therefore
states that it "does not expect the standard to further change
significantly unless the Agency is presented with substantial
evidence that a regulatory modification is clearly necessary,
either because the present standard is demonstrably infeasible
in a specific respect, or because the proposed alternative
would significantly increase the standard's intended safety and
health benefit or significantly improve its
cost-effectiveness." Id. at 29,826.
With this background in mind, the Coalition's comments
and data in support thereof follow.
Occupational Safety and Health Administration
October 28, 1988
Page 7
II. THE UNIQUE WORKING CONDITIONS OF THE CONSTRUCTION
INDUSTRY
Numerous comments in the record have pointed out that
the construction industry's work practices and economic
circumstances are unique. While some other industries may have
one or another of the special factors pertinent to
construction, no other industry combines all of these special
circumstances. Thus, construction industry employers, unlike
most other industries, typically employ workers at multiple
job-sites which are constantly changing in scope and location,
as are the workers themselves. The employees work side by side
with employees of other independent contractors, over whom the
employers have little if any control. Construction employees
frequently move about within each job-site and also move among
job-sites. The employer generally maintains minimal
administrative support facilities at each remote location and
often has no such facilities on smaller jobs.
At the same time, as OSHA has previously recognized,
the nature of construction workers' exposures to hazardous
materials differs radically from those in other industries and
requires different regulatory treatment. See USWA V. Marshall,
647 F.2d 1189, 1310 (D.C. Cir. 1980) (lead standard). As the
Court held in that case, upholding findings by OSHA,
"construction work exposes employees to [a hazardous chemical]
only for very brief periods, normally requires employees to
move constantly from place to place, creating widely varying
[chemical]
exposure.
and has an unusually high number of
temporary employees.' Id. at 1310. The Court also recognized
differences in work practices, employee turn-over rates and the
prevalence of outdoor workplaces as differentiating
construction from other industries. Id.3/
Finally, the construction industry, unlike other
employers, already has been required to communicate hazard
information to employees under previously existing OSHA
regulations. 29 C.F.R. $1926.21(b). There has been no record
evidence or explanation as to why this pre-existing requirement
has been insufficient to address any alleged risk of harm or
how the additional burdens imposed by the revised HCS will in
any way reduce such alleged risks in the construction industry.
3/
OSHA has also promulgated separate construction industry
standards or exemptions with regard to asbestos and air
contaminant exposures, among others. See 53 Fed. Reg.
20960 (June 7, 1988).
Occupational Safety and Health Administration
October 28, 1988
Page 8
OSHA must take this unique combination of
circumstances into account, as it has in the past, and must
tailor any HCS to make sure its provisions are each reasonably
necessary and appropriate to the construction industry and that
the Standard is feasible. American Textile Mfrs. Inst. V.
Donovan, 452 U.S. 490, 536-40 (1981); Industrial Union Dept.
AFL-CIO V. American Petroleum Inst., 448 U.S. 607 (1980).
III. THE RISK OF INJURY FROM HAZARDOUS MATERIALS IN THE
CONSTRUCTION INDUSTRY
As noted above, construction industry employers have
for many years been required to take appropriate measures to
reduce the risks arising from exposure to hazardous materials.
Specifically, under 29 C.F.R. § 1926.21, construction industry
employers are required, inter alia, to "instruct each employee
on the recognition and avoidance of unsafe conditions and the
regulations applicable to his work environment to control or
eliminate any hazards or other exposure to illness or injury."
In addition, construction workers are protected by numerous
other safety standards, relating to chemical exposure,
including, inter alia. 29 C.F.R. § 1926.55 (limiting exposure
to gases, vapors, fumes, dusts and mists), 1926.57 (imposing
ventilation and exhaust requirements), 1926.103 (requiring
appropriate respiratory equipment), and 1926.354(c) (requiring
protection against toxic preservative coatings).
Numerous comments in the record of this proceeding
establish that these measures have been successful in reducing
the number of injuries resulting from hazardous chemicals in
the construction industry to insignificant amounts. See, e.g.,
Comments of National Association of Home Builders dated
February 25, 1986; see also Comments of Associated General
Contractors dated February 24, 1986, pointing out the
differences between the chemical exposures likely to occur in a
fixed workplace environment versus the much less concentrated
and less extended exposures likely to occur in construction.
Indeed, the Department of Labor's own statistics belie
the contention that construction workers face "significant
risks" from hazardous chemicals on the job-site. According to
the 1986 edition of Occupational Injuries and Illnesses in the
United States by Industry (published by the Bureau of Labor
Statistics), less than one persenct of all "injuries and
illnesses" fall into the "illness" category, and not all of
these were chemical-related. The same study reveals that
nearly half of the occupational illnesses were relatively minor
skin problems (Table 8, page 50 of the above referenced
Occupational Safety and Health Administration
October 28, 1988
Page 9
report). There is also no evidence that any of these illnesses
were caused by any lack of information available to the
affected employees. 4/
Other data submitted to OSHA by the National
Construction Safety Executives indicated a chemical related
incident rate of only 0.21. See Docket H-022D, Ex.L-5-117.
The Associated General Contractors has recently reported an
incident rate of 0.24, based on a survey of its 32,000 members
who reported only 114 chemical-related injuries in 93.2 million
manhours. See Statement by AGC to Small Business Subcommittee,
U.S. House of Representatives, September 28, 1988. Once again,
even these low figures must be discounted further because there
is no evidence that the reported injuries occurred as a result
of any lack of information among the employees about hazardous
chemicals.
In the NPRM, OSHA claims that the construction
industry's position on the low risks from hazardous chemicals
is somehow undercut by other construction industry estimates of
the relatively large numbers of hazardous chemicals on
particular sites. 53 Fed. Reg. 29,827. OSHA appears to be
confusing the distinction between the types of exposures
possible in the construction workplace and the existing
measures which prevent minimal exposures from causing
significant harm to employees. Under the current rule, with
its extremely broad definition of "hazardous chemical,"
virtually any substance which exists on a construction site is
covered, and minor hazards such as toilet bowl cleaners are
regulated in the same way as major hazards such as compressed
gases and concentrated acids.
41
A 1977 BLS report cited in the 1983 HCS rulemaking
reported that the chemical source incident rate was only
.17% (1.7 out of 1000), not a significant risk. Even
that ratio is suspect because of the age of the report
and its speculative nature. Certain studies cited by the
AFL-CIO which purport to show an increased incidence of
illnesses among construction workers are even more dated
and speculative, relying on statistics accumulated prior
to passage of the Occupational Safety and Health Act.
Again, none of the chemical injury data presently before
OSHA shows how many injuries or illnesses were caused by
any lack of information on the part of the employee.
Occupational Safety and Health Administration
October 28, 1988
Page 10
The mere existence of a potentially hazardous chemical
on a worksite does not establish a significant risk to
employees. Rather, the types of exposure, concentration of the
hazard, and alternative safeguards must also be considered.
Thus, the fact that large numbers of chemicals are present in
the construction industry which would be covered by the HCS
does not in any way establish that there are concomitant
significant risks to workers presented by these chemicals.
IV.
INFEASIBILITY OF THE REVISED HCS
In addition to pointing out the absence of
demonstrable need for the provisions of the HCS in order to
reduce significant risks, construction industry representatives
have repeatedly expressed concern to OSHA about the
infeasibility of the revised HCS in the construction industry.
As is further addressed below with regard to specific
provisions, the Standard is both technologically and
economically infeasible. Numerous comments have shown that the
industry's unique work practices cannot be conformed to the
requirements of the HCS and that the costs of compliance cannot
be sustained without threatening the viability of significant
portions of the industry.
In response to the industry's challenges, OSHA has
relied almost exclusively on an economic study performed in
June 1987 by JACA Corporation. The JACA analysis is replete
with errors and greatly underestimates the real cost of
compliance. With respect to first-year costs alone, JACA makes
the following errors:
1.
JACA uses the number of chemical hazards instead
of the number of products containing mixtures of
hazardous chemicals to develop costs of a) the
written program, b) employee information and
training, and c) maintenance of MSDSs. This
greatly underestimates costs, since contractors
and subcontractors must protect their workers
from an average of more than 300 products
containing assorted hazardous chemicals instead
of the 9 to 12 chemical hazards JACA uses in its
cost estimates.
2.
JACA does not consider the interaction between
contractors and subcontractors. According to.
JACA, the average contractor (SIC 15) must
obtain, file and list only 9 MSDSs and the
average subcontractor (SIC 17), 12. Even if
these figures were correct, which they are not,
Occupational Safety and Health Administration
October 28, 1988
Page 11
the JACA study does not take into account that
the contractor must obtain the average 12 MSDSs
from 20 or more subcontractors, a total of 240,
plus his own 9. This indicates a lack of
awareness of the multi-employer worksite.
3.
Similarly, JACA does not take into account that
the average subcontractor can serve ten to thirty
contractors each year, and must supply each one
with a pack of anywhere from 12 to 50 MSDSs, in
different combinations for each job.
4.
JACA does not consider the number of times a
contractor or subcontractor may change brands of
products during a year. Products go on sale from
time to time, and prudent contractors and
subcontractors shop for the best value at a
particular time. This can double or triple the
number of products containing hazardous chemicals
which he uses, with resultant increases in
written program costs (reading and evaluating
MSDSs), training (new products an employee must
be informed of), and MSDS maintenance (filing and
reading MSDSs by employees).
5.
JACA includes no cost for employees to read
MSDSs. If the Hazard Communication Standard has
any purpose, each employee and subcontractor
employee will actually read MSDSs, perhaps two
per year. This is a very significant cost given
an average of 10 employees plus perhaps 60
subcontractor employees, each requiring one
manhour to go to the job trailer during working
hours (when a clerk is present to open the file
drawer, go through 300+ MSDSs to find the right
one, and perhaps photocopy it for the employee),
read 2 to 17 pages of scientific information, and
return to work. Since the employee is reading
MSDSs on company time, the cost must be
included.
6.
No employee overhead (meaning charges for
insurance, workers comp coverage, paid vacation
benefits, etc.) is included in JACA's hourly
rates. Employee overhead usually ranges from 25
to 30 percent of wages in the construction
industry.
Occupational Safety and Health Administration
October 28, 1988
Page 12
7.
JACA assumes that the complexity of writing a
hazard communication program is not directly
related to the number of chemical hazards
(represented by the number of MSDSs).
"Specifically, it has been assumed that
establishments having 10 times as many chemical
hazards (sic) as the average firm will incur
twice the written program costs of the average
firm, all other factors being equal." JACA uses
an exponent to bring the cost of programs with
high or low numbers of hazards closer to the cost
of writing an average program. This is not
valid. Preparation of a hazard communication
program involves obtaining and evaluating MSDSs,
and these factors are directly related to the
number of MSDSs. This mistake incorrectly
reduces this cost to one-fifth of what it should
be. If the average program costs $1000 to write,
the cost to an employer with ten times the
average number of MSDSs will be nearly $10,000,
not the $2000 that JACA's exponent leads them to
estimate.
8.
JACA arbitrarily deducts from the estimated costs
of compliance certain costs allegedly associated
with complying with existing state right-to-know
laws. This deduction ignores the fact that only
12 states currently apply their hazard
communication laws to construction industry
employers. Of those 12, none approaches OSHA's
HCS in scope with regard to construction, so that
no employers have had to incur the costs of
compliance with such a rigorous and impractical
rule.
Other major defects make JACA's long-term estimates
far worse than their first-year estimates:
1.
JACA's "Growthchem" estimate for growth in the
number of hazardous chemicals and resultant MSDSs
does not consider product turnover as contractors
and subcontractors change brands. This factor is
magnified as years pass.
2.
JACA considers growth in establishments and
employee turnover within the contracting or
subcontracting firm but does not consider
subcontractor turnover. When one subcontractor
is busy, the contractor will select another one.
Occupational Safety and Health Administration
October 28, 1988
Page 13
Over the years, as subcontractors come and go,
change their business, or discontinue business,
contractors will change subs. The employees of
the new subcontractors will have to be trained in
the hazardous chemical products being used by the
employer and all the other subcontractors with
whom they will be working.
3.
JACA fails to adequately factor in the effects of
employee turnover on training costs and ignores
OSHA's requirement that employers receive new
training every time a new hazard enters their
work area.
Correction of JACA's defective analysis results in
substantially higher cost estimates. The tables that follow
provide more realistic, albeit still understated, estimates of
the expected compliance costs to small general contractors. We
have used as our example a general contractor in SIC Code 15
employing 10 employees, a representative number. See 1983
County Business Patterns, Dept. of Commerce Census Bureau.
This size firm would typically utilize about 20 subcontractors.
We are providing herewith a list of MSDSs obtained
from an actual home building firm, as support for our estimate
that the minimum number of MSDSs which the typical contractor
must deal with is around 300, not 9 as estimated by JACA. See
Attachment 1. Since product manufacturers are tending to
produce MSDSs on every product, because of their own difficulty
in identifying which products are truly hazardous, the actual
number of MSDSs sent to each construction employer will
probably be higher than 300. A large retail hardware chain has
submitted nearly 2,500 MSDSs to NAHB as evidence of the
potentially covered substances in the construction industry.
Many other assumptions made in the following analysis
may greatly underestimate the actual costs. The analysis
assumes that training on hazardous chemicals, effects,
precautions, and first aid can be primarily generic, utilizing
"canned" videotape programs, and that only a few specific
products will be covered in training. If OSHA requires
employers to provide such training on all specific products,
training costs may be ten times as great as those estimated
below. The attached analysis also ignores, as does JACA, the
HCS requirement that training must be repeated every time a new
hazard enters an employee's work area. The true costs of such
training would be exponentially greater but are also
technologically infeasible.
Occupational Safety and Health Administration
October 28, 1988
Page 14
Our analysis also makes the assumption that the
employer is capable of identifying what few products are really
hazardous and should be given special emphasis. This is
probably an unrealistic assumption since the employer is not a
chemist and does not have the funds to hire a chemist and
industrial hygienist to 1) identify which chemicals are really
hazardous, and 2) perform the jobsite research on these to
determine actual exposure levels. Performing these tasks would
be prohibitively expensive, especially for small businesses.
The estimates also make the assumption that
subcontractor employees will be trained only once a year. In
fact, if a builder changes subcontractors or if the employer or
any of his subcontractors change the products they use, OSHA
may require that employees and subcontractor employees be
trained several times a year, perhaps tripling the training
cost estimates given below.
A further note regarding the tables: "MH" means
manhours. Manhours are multiplied by the employee's or
subcontractor employee's wage rate including 25 per cent labor
overhead.
Hazard CL
ication Program First-Year Costs
SIC 15 - General Contractor
10 employees, 20 subs
Professional
Clerical
Foreman - two
Labor(Six)
Misc Cost
Total
MH
Rate
Total
MH
Rate
Total
MH
Rate
Total
MH
Rate
Total
Item
Total
Cost
A. Written Hazcom Programs
$22
$13
1. Call trade assns:, local. ntl.
2
$32
$ 64
Phone
$ 3
$
67
2. Order Hazcom manual
0.25
$32
$ 8
0.5
$10
$ 5
$ 13
3. Read, study manual
8
$32
$ 256
$ 256
4. Meeting with staff
1
$32
$ 32
1
$10
$ 10
2
$22
$ 44
$ 86
5. Obtain MSDSs: letter to subs
2
$32
$ 64
8
$10
$ 80
Copies, ca.
$ 10
$ 154
6. Obtain MSDSs: follow-up calls
10
$32
$ 320
20
$10
$ 200
Sub labor
$ 660
$ 1180
7. Obtain MSDSs: from suppliers
4
$32
$ 128
8
$10
$ 80
8
$22
$176
Letters, etc.
$ 10
$ 394
8. Read & evaluate 300 MSDSs
32
$32
$1024
Sub labor
$ 102
$ 1126
9. Prepare MSDS list
16
$32
$ 512
16
$10
$ 160
Sub lists
$ 120
$ 792
10. Prepare and revise plan
16
$32
$ 512
8
$10
$ 80
3
$22
$ 66
Sub plans
$ 100
$ 758
11. Review plan with staff
3
$32
$ 96
3
$10
$ 30
Sub review
$ 64
$ 190
12. Inform subs of plan: letter
3
$32
$ 96
1
$10
$ 10
Copies, stam
$ 10
$ 116
13. Inform subs: 20 15-min calls
5
$32
$ 160
Sub dist.
$ 64
$ 224
14. Program maintenance (new MSDSs) 30
$32
$ 960
60
$10
$ 600
Sub maint.
$ 370
$ 1930
Written Program Totals
132.25
$32
$4232
125.5
$10
$1255
13
$22
$286
$ 0
$1513
$ 7286
B. Employee Information & Training
1. Order Hazcom training video
0.25
$32
$ 8
0.5
$10
$ 5
Video
$ 350
$ 363
2. Develop training program
2
$32
$ 64
1
$10
$ 10
Sub programs
$ 148
$ 222
3. Meeting of staff
4
$32
$ 128
4
$10
$ 40
8
$22
$176
Sub mtgs
$ 352
$ 696
4. Train employees
0.25
$32
$ 8
0.25
$10
$ 2.5
.5
$22
$ 11
$ 6
$13
$ 78
$ 99.5
5. Schedule subs, employees
1
$32
$ 32
32
$10
$ 320
Sub sched
$ 780
$ 1132
6. Traing subs employees (60)
20
$32
$ 640
60mh X $13
$ 780
$ 1420
7. Retraining/new hire training
20
$32
$ 640
$ 4
$13
$ 52
Sub retraining
$ 780
$ 1472
Employee Training Totals
47.5
$32
$1520
37.7
$10
$ 377
8.5
$22
$187
$10
$13
$130
$3190
$ 5404.5
C. Maintenance of MSDSs
1. Cost to. maintain 300 MSDSs
at $1.25 each
$ 375
$ 375
Read 2 MSDSs/year (1 mh each)
2. Employees
2
$32
$ 64
2
$10
$ 20
4
$22
$ 88
$12
$13
$156
$ 328
3. Sup. employees (60x13x2mh)
Sub Labor
$1560
$ 1560
4. Clerical assistance
23
$10
$ 230
Copy 70 PP
$ 14
244
(10 min)x(10 people)x(2sheets)
MSDS Maintenance Totals
2
$ 64 25
$ 250
4
$ 88
$12
$156
$1949
$
2507
TOTAL COSTS - GENERAL CONTRACTOR
FIRST YEAR
181.75 $32
$5816
188.25
$10
$1882.5
25.5
$22
$561
$22
$13
$286
$6652
$15197.5
Occupational Safety and Health Administration
October 28, 1988
Page 2
COMPARISONS OF INDUSTRY AND JACA ESTIMATES (FIRST YEAR)
INDUSTRY
JACA PER
PROVISION
ESTIMATES
ESTABL'T
Written Program
$ 7286
$ 46
Info. & Training
$ 5404
$ 74
MSDS Maintenance
$ 2507
$ 26
$15197
VS.
$146
The estimated cost of first-year compliance by this
conservative analysis is 100 times the OSHA estimate. Still
higher figures have been submitted to OSHA in previous comments
filed by individual industry members. It is likely that such
higher estimates will prove to be more realistic, for the
reasons stated above. In addition, the assumptions made in our
analysis do not resolve questions of technical infeasibility
caused by the construction industry's unique work practices.
Finally, additional substantial costs not considered by JACA,
will accrue in every subsequent year of compliance with the
HCS, as jobs, employees and hazards continually change.
These estimated costs of compliance, when viewed in
the context of the small size of the majority of construction
industry employers, clearly threaten the viability of a
substantial segment of the industry. The most recent census
figures indicate that 89% of construction industry employers
had annual business receipts of less than $1 million
dollars. 5/ The average rate of return in the industry,
according to data compiled by NAHB, is 5%, or, for the majority
of employers, less than $50,000. Thus, the cost of compliance
with the HCS threatens to wipe out the profit of the small
businesses who presently comprise the bulk of the industry.
Nor has OSHA yet explained how the HCS can be feasibly
implemented from a technological standpoint in the construction
industry. In this regard, we have previously pointed out that
the revised HCS imposes obligations on builders which are
utterly inconsistent with existing work practices. Nor can
work practices be developed which will enable the industry to
comply with the Standard as currently drafted.
The most pressing technological problems include the
inability of contractors to predict and properly inventory at
5/
1982 Census of Construction Industries, U.S. Dept. of
Commerce, Bureau of the Census.
Occupational Safety and Health Administration
October 28, 1988
Page 16
the start of a multi-employer job all of the hazards covered by
the HCS with which its employees may come in contact. The
contractors are required to maintain hazard-specific programs
at each site, yet the identity of other subcontractors. let
alone their accompanying hazards, may not even be known at any
given time.
Similarly, OSHA has still failed to explain how
buildings can be built if new training must be provided to each
employee every time the employee confronts a new hazard in his
or her work area. No such retraining has previously been
required in construction, and such a system is completely
unworkable. Employees move about all over a construction job
site and the nature of the work and existing hazards constantly
changes.
OSHA has thus far ignored this compelling evidence of
both economic and technological infeasibility. The result is a
rule which threatens the viability of small construction
companies, who presently comprise a majority of the industry.
V.
COMMENTS ON SPECIFIC PROVISIONS OF THE REVISED HCS AND
SUGGESTION OF REGULATORY ALTERNATIVES
A.
Problems Created by the Requirements that
Written Programs and MSDSs Be Maintained "At
the Workplace"
As previously noted, the revised HCS for the first
time requires that the written hazard communication program be
maintained at the workplace, rather than at a centralized
location. This new requirement is particularly onerous for the
construction industry, particularly when combined with the
requirement that contractors maintain decentralized MSDSs and
inventory each job site's hazards for inclusion in the
program. The result is that construction contractors must
prepare multiple programs tailored to each of their many
different jobs and must identify, copy and transport hundreds
of MSDSs to remote locations.
Aside from the question of whether it will be
technologically possible for contractors to correctly identify
all the potential hazards at their individual jobsites, the new
requirement is simply unnecessary to increase worker safety.
As is discussed in detail below, at PP. 23-28, product labels
can provide all information immediately needed by employees to
protect themselves at the job site. In many instances the
labels provide better information than the MSDSs because they
use plain English and avoid information overload. Whatever
additional information is needed from MSDSs can be obtained
Occupational Safety and Health Administration
October 28, 1988
Page 17
when necessary from a central office location. No need exists
to have these complicated and bulky documents at small and
remote job sites, where many contractors currently provide no
administrative support.
Moreover, the size of the worksite itself may pose
special problems, especially in heavy utility and
transportation construction projects. On large worksites such
as highway projects, maintaining employee access to a jobsite
HCS file is difficult due to long distances. In cramped
downtown areas, tight working conditions for excavation of
underground water and sewer projects place available space at a
premium.
We therefore urge OSHA to modify Sections (e) (1),
(g) (8) and (g) (9) to delete the requirement that written
programs be maintained "at the workplace" and to clarify that
MSDSs may be kept at centralized office locations.
B.
Problems Associated with the Multi-employer
Worksite Provisions
As we have repeatedly pointed out to OSHA, among the
most onerous and least necessary provisions of the revised HCS
are the multi-employer worksite provisions in subsection
(e) (2). The August 1987 revision to the HCS requires that all
written hazard communication programs include the method
employers will use to: (a) provide other on-site employers with
MSDSs, or to deposit MSDSs at a central location on the site;
(b) inform them of any precautionary measures that need to be
taken to protect their employees; and (c) inform them of the
labeling systems in use in the workplace. The language of this
provision is somewhat vague, but it could easily be .read as
requiring that work come to a complete halt each time a new
contractor arrives on the job, and that a "hazard information
meeting" be held before work could resume 6/ The OSHA NPRM
focuses in isolation on the issue of whether central deposits
6/
One of the principal problems with the rule is that it
provides little guidance as to exactly what constitutes
compliance with subsection (e) (2). In the rule's preamble,
OSHA states that, "the provisions do not specify how this
coordination is to be accomplished," and that "[t]his is best
left to the discretion of the parties involved.' OSHA does,
however, speculate that, "In many cases, it would probably be
most efficient for the general contractor to coordinate the
function." We reiterate a question we have often posed to
OSHA: If OSHA's own highly-trained health standards staff
cannot articulate how hazard information is to be exchanged on
multi-employer sites, how can a builder or small contractor be
expected to come up with a system which will satisfy an often
fickle OSHA inspection force?
Occupational Safety and Health Administration
October 28, 1988
Page 18
of MSDSs are permitted, without addressing in any way the
industry's concerns over the additional information exchanges
which the HCS appears to require.
OSHA's approach, disapproved by OMB, fails to
recognize certain basic realities of the construction
industry. These include the sheer number of contractors on
many sites; the number of covered substances in use on the
site, albeit frequently in minor quantities; the fact that
contractors come and go at random times during the construction
process; and the fact that often times, the general contractor
is not even present when work is in progress.
As noted above, a large building site may have dozens
of contractors, and hundreds of employees, coming and going
during the course of a workday. An informal telephone survey
recently conducted by the Association of the Wall and Ceiling
Industries, International, revealed the following examples:
Project/Location
Height/Area
No. Subs
Peak Employees
190 S. LaSalle
41 floors
60
300
Chicago
985,000 sf
Hyatt Grand Regency
17 floors
32
500
Washington, D.C.
873,800 sf
FMC Corp.
6 floors
30
120
Minneapolis
In contrast to OSHA's multi-employer worksite
provision, we believe there are far simpler ways of making
hazard information available to employees, even where these
hazards come from a variety of sources. The most obvious
method would be to simply examine the interrelationship between
the various elements of hazard communication under the OSHA
rule: MSDSs, container labels, and employee training. A
properly prepared MSDS contains more information on a
particular chemical than any employee would ever want to know,
or could ever understand. The MSDSs are supplied by the
supplier of the building product in question, and all the
employer should have to do is make his employees aware that
these documents are available. This can be done during the
employee's initial training (which should only have to be
carried out once, by the employee's employer), and through
product labels, which will also be provided by the contractor's
suppliers.
Occupational Safety and Health Administration
October 28, 1988
Page 19
As is discussed in detail below, at pp. 23-28, labels
are more useful for most employees, as they tend to be more
understandable than MSDSs. With this system already in place,
it is only necessary to require that the actual MSDS be made
available, at the request of an employee, either on or off the
site, by the contractor who brings the substance onto the
site. Put another way, the emphasis of the HCS on
multi-employer worksites should be shifted from primary
reliance on MSDS availability, as OMB has held, to a meaningful
labeling program and generic hazard training program, while
maintaining a reasonable availability of MSDSs for more
complete employee information.
It should not be necessary to require "hazard
communication breaks" during the workday, and the HCS should be
modified so as to avoid such disruption. Nor is it necessary
to create "MSDS drops" on job-sites. Our suggested approach is
workable, and would be entirely consistent with the OMB's
October 28, 1987 directive, which specifically rejected the
requirement that MSDSs be brought on-site at multi-employer
jobs.
In light of these considerations, we propose the
following modification to subsection (e) (2) of the HCS:
Multi-employer workplaces. Employers who produce,
use, or store hazardous chemicals at a workplace in
such a way that the employees of another employer may
be exposed (for example, employees of a contractor
working on-site) shall ensure that copies of material
safety data sheets are available to all exposed
Employees at the Employer's offices.
OSHA should make clear in the preamble that this
"availability" requirement can be satisfied by simply requiring
contractors and subcontractors to have their MSDSs available at
local offices where they can be obtained on short notice.
Further information exchanges and "coordination" among
multiple, transient contractors and employees should not be
required. The important point is that ours is a "regulatory
alternative" which even small contractors can comply with, and
yet does not reduce the amount of worker protection afforded by
the HCS as a whole.
C.
Consumer Products
1. Background
In Subsection (b) (6) (vii) of the HCS, OSHA creates an
exemption for products covered by the Consumer Product Safety
Act and/or the Federal Hazardous Substances Act. This
Occupational Safety and Health Administration
October 28, 1988
Page 20
exemption only applies "where the employer can demonstrate it
is used in the workplace in the same manner as normal consumer
use, and which use results in a duration and frequency of
exposure which is not greater than exposures experienced by
consumers." However, the utility of the exemption is
questionable since it is difficult, if not impossible, for a
builder or other small business to determine with any precision
how the "duration and frequency of exposure" in his workplace
compares with that experienced by consumers. To make these
determinations with any degree of confidence would require
extensive and complex research.
An alternative approach, which makes the entire
concept more meaningful, would be to change the wording of this
exemption and adopt the approach taken by section 311(e) (3) of
the Superfund Amendments and Reauthorization Act of 1986
(commonly known as "SARA"). SARA exempts "any substance to the
extent that it is used for personal, family, or household
purposes, or is present [in the workplace] in the same form and
concentration as a product packaged for distribution and use by
the general public. The SARA exemption reflects a
Congressional understanding that common consumer products, and
their attendant hazards, are generally common knowledge and
should not be the source of additional regulatory burdens. The
SARA exemption is carefully circumscribed, however, in that the
"form" (i.e., packaging), and "concentration" of the product as
used in the workplace must be the same as when used in the
household. Supplies which come in "industrial strengths" or
"industrial sized packages" would not fall within the exemption.
OMB's October 1987 decision specifically rejected all
information collection requirements for any consumer products
which are exempt from coverage under SARA. The NPRM invites
comment on OMB's position, as well as several other issues in
this area, but it proposes no changes in the existing "consumer
products" exemption. In support of its position, OSHA states
that "the mode of distribution of a product (i.e., retail
distribution rather than wholesale) is not a criterion that is
related to employee exposure or the need for information and
therefore is not relevant to whether consumer products should
be covered by this rule." 53 Fed. Reg. at 29,838.
We agree with OSHA that the issue is not "retail
versus wholesale." The issue is making relevant and
understandable information available to workers without
creating unnecessary regulatory burdens. In this context,
there is ample evidence that existing consumer products labels
provide workers as well as consumers with necessary hazard
information, and that they are read by users. The cost of
Occupational Safety and Health Administration
October 28, 1988
Page 21
adding more label information and MSDS requirements to existing
CPSC labeling is unlikely to result in any additional
protection in the workplace.
2.
The Effectiveness of Labeling Under the CPSA and
FHSA
The Consumer Product Safety Act empowers the Consumer
Product Safety Commission to promulgate consumer product safety
standards that are reasonably necessary to prevent or reduce an
unreasonable risk of injury associated with a product,
15 U.S.C. $2056 (1982). The standards include performance
criteria, requirements that a product be marked with or
accompanied by clear and adequate warnings or instructions, and
standards respecting the form of warnings or instructions.
16 C.F.R. $1500.121 (1988).
The Federal Hazardous Substances Act, 15 U.S.C. 1261
(1983), empowers the CPSC to promulgate safety standards for
substances that by definition are determined to be hazardous
substances under the Act. The CPSC has established testing
procedures to determine if a substance is within the
jurisdiction of the Act. Manufacturers are expected to test
their own products and ensure compliance with applicable
labeling and packaging requirements. See 16 C.F.R.
$$1500.40-1500.46 (1988).
In promulgating criteria for consumer product
labeling, the CPSC has focused on the prominence, placement,
and conspicuousness of cautionary statements that the
Commission requires on warning labels. The cautionary
statements include: signal words; affirmative statements of the
principal hazards associated with the substance; the common
name or chemical name of the substance; the name and place of
the business of the manufacturer, packer, distributor, or
seller; statements of precautionary measures to follow; and
instructions for special handling and storage when
appropriate. See 16 C.F.R. $1500.121(a). Under the FHSA, the
CPSC has also issued labeling requirements for specific
products, including: self-pressurized containers; ethylene
glycol-base antifreeze; and contact adhesives. See 16 C.F.R.
$1500.130, et seq.
CPSC reports and private studies clearly indicate that
consumers are aware of and read their labels. For example, a
study conducted by John A. Miller of the University of Colorado
for the National Bureau of Standards in 1978 cited evidence
that 69 percent of respondents to a survey of Philadelphia
consumers said they look for nutritional information on food
packages, and 63 percent of respondents felt it was important
Occupational Safety and Health Administration
October 28, 1988
Page 22
or extremely important to have this information
available. 17 This demonstrated concern for product
ingredients and awareness of the information available to
consumers on packaging lend strong support to the contention
that consumers are aware of and read consumer product labels.
The CPSC has consistently demonstrated that it can
respond quickly and effectively to perceived risks to consumers
through its rulemaking and labeling requirements. In 1987, for
example, the Commission adopted additional labeling
requirements for methylene chloride, a suspected carcinogen
that is found in many products, including paint strippers,
adhesive removers, and spray shoe polish. The CPSC
responded to data indicating that the chemical was carcinogenic
by alerting consumers with signal words such as "warning," and
the product's primary hazard such as "vapor harmful,' which is
placed on the front panel of products, while providing detailed
instructions for safe use and proper ventilation on the back
panel.
Information from other federal agencies also supports
the view that consumers read labels. The Division of Consumer
Studies, Bureau of Foods, at the Food and Drug Administration
conducted a nationwide study on the impact of saccharin
warnings on sales of diet soft drinks in 1980.9/ The study
points to both the need for clear, easy to understand and
readily available warnings and the importance that warning
labels have played in affecting sales and thereby encouraging
manufacturers to develop safer products. Additional measures
will do little more than water down existing warnings, reducing
their impact on users, while providing little added incentive
for manufacturers to develop safer products.
11
J.A. Miller, Labeling - The State of the Art, p. 36
(1978) (for the Marketing Science Institute, National
Bureau of Standards Contract No. 7-35832.).
8/
Chemical Marketing Reporter, "CPSC Sets Policy on
Methylene Chloride," September 21, 1987 at 9 col.3.
9/
Division of Consumer Studies, Bureau of Foods, Food and
Drug Administration, "Impact of the Saccharin Warning on
Sales of Diet Soft Drinks in Grocery Stores," Jan. 1980.
Occupational Safety and Health Administration
October 28, 1988
Page 23
3.
The Problem of Information Overload
The HCS's "three-phased" approach to hazard
communication poses a clear risk of information overload.
Government reports and academic research clearly acknowledge
the importance of avoiding information overload in programs
intending to inform individuals. In a leading study conducted
by Jacob Jacoby, Donald E. Speller, and Carol Kohn Berning and
funded in part by the Consumer Research Institute, Inc.,
researchers concluded that increases in information load can
make processing more time consuming and can also cause
consumers to pay less attention to relevant information. The
researchers summarized earlier studies on information overload
by stating, "Based upon considerable evidence, this position
maintains that there are finite limits to the ability of human
beings to assimilate and process information during any given
unit of time and that once these limits are surpassed, behavior
tends to be confused and dysfunctional. 10/
A report issued by the Treasury Department and Health
and Human Services Department entitled "Health Hazards
Associated with Alcohol and Methods to Inform the General
Public of these Hazards" cited communications experts who noted
that the public is generally feeling "over warned. Experts
were quoted in the report as stating "that growing segments of
the public ignore more and more of such [government] warnings
because they feel they cannot heed the recent avalanche of
warnings. "11/ This reaction is heightened when there are no
comparable or substitute products available.
10/
J. Jacoby, D. Speller, C. Berning "Brand Choice Behavior
as a Function of Information Load: Replication and
Extension," Journal of Consumer Research, Vol. 1
June 1974.
11/
U.S. Department of the Treasury and U.S. Department of
Health and Human Services, "Health Hazards Associated
with Alcohol and Methods to Inform the General Public of
these Hazards,' p.35 (1980). See also N. Malhotrn,
"Information Load and Consumer Decisionmaking," Journal
of Consumer Research, Vol. 8 (Mar. 1982).
Occupational Safety and Health Administration
October 28, 1988
Page 24
The report also noted that warning label effectiveness
is significantly affected by its presentation. Messages
tending to instill a high degree of fear were found to be not
as effective as more positive approaches that suggest
alternative action. A high level of fear was determined to
cause audiences to feel overly threatened and, as a result, to
screen out the message. Moreover, the report noted that if the
content of a warning message strongly contradicts the personal
experience of those to whom the message is directed, the
warning will likely lose its credibility.
These studies on the issue of "information overload"
underscore the importance of information impact over the more
manageable and politically convenient issue of information
provision. The CPSC has painstakingly developed clear,
succinct signal words such as "DANGER," "WARNING,' "CAUTION,"
to be accompanied with a statement of the principal hazard,
such as "HARMFUL OR FATAL IF SWALLOWED" or "FLAMMABLE." The
CPSC requires that the warnings be placed prominently on the
labels of products, and that the type and coloring contrast
with the packaging in order to effectively capture the user's
attention.
Regrettably, OSHA's current rule requiring MSDSs in
addition to existing or enhanced product labels, ignores proven
methods of product warning. OSHA's requirements under the HCS
program take a step backward from established and proven
methods of warning the users of consumer products. OSHA relies
on voluminous sheets that document production, shipment,
molecular weight, physical characteristics and the like, with
specific warnings lost to all but the most attentive users.
Moreover, these sheets are not attached to the products for
ready reference, but are instead held presumably in one
location, requiring a user seeking information to leave his
tasks at hand and discipline himself to locate and read the
information. Rather than employ clear, easy to understand
signal words, warnings and instructions, the MSDS provides
lengthy and confusing details of a product, much of it
unrelated to a worker's use of the product and/or his safety.
The fact that workers will be asked not only to review dozens
of MSDSs related to common household products, but will also be
provided with specific information on unique industrial
chemical hazards significantly increases the likelihood that
all warnings will be ignored or that the dangers surrounding
the use of truly industrial products will not be adequately
communicated.
Occupational Safety and Health Administration
October 28, 1988
Page 25
In our view, OSHA is doing a disservice to workers by
taking a "more information is better" approach to warning users
of ordinary consumer products. The CPSC has demonstrated its
ability to protect users of consumer products from potential
hazards associated with their use. If a particular product
poses a particular hazard through more frequent use, the CPSC
has the ability and jurisdiction to warn all users, from
homemakers to construction workers to do-it-yourself handymen
of hazards associated with the product. Labels would
effectively warn all users, not simply selected classes. At
the same time workers would still have the right and
opportunity to avail themselves of more specific information on
truly industrial hazards not customarily used by ordinary
customers.
D.
Information Comparisons Between Consumer Product
Labels and MSDSs
Each of the problems under the HCS discussed so far,
i.e., maintaining written materials at the worksite, handling
multi-employer exchanges of MSDSs, and the consumer products
exemption, hinges on OSHA's overreliance on the need for
instant accessibility to MSDSs, as opposed to product labels.
We believe OSHA must reconsider the overall utility of its MSDS
requirements and the extent to which product labels are more
appropriate to satisfy the safety needs of employees in the
construction industry, at least with respect to the above
referenced issues.
A study recently conducted by the NAHB Technology and
Codes Department lends further support to the redundancies
between consumer product labels and MSDS. An assortment of 20
products commonly used on construction sites was selected and
the hazard information on the labels was compared with the
information available on the corresponding MSDS. The labels
and MSDSs used in the study are attached hereto as
Attachment 2. The results of this study can be summarized as
follows:
1.
Signals: The labels are far superior to the
MSDSs in provision of signals to alert employees to hazards:
DANGER, WARNING, CAUTION, POISON, CAUSTIC POISON. The CPSC
regulations require that these warnings be on the front and
back of containers, be placed in bold capitals in clear
contrast to the background. In comparison, warnings in MSDSs
are lost in the small print and extraneous information.
Occupational Safety and Health Administration
October 28, 1988
Page 26
2. Warnings: The labels are far superior to the
MSDSs in providing distinct warnings such as "Harmful or Fatal
If Swallowed,' "Vapor Harmful," "Flammable," "Highly
Flammable," "Combustible," "Highly Toxic," "Skin-Eye Irritant,"
"Content Under Pressure.' Again, these warnings are in bold
print to attract the reader's attention. The MSDS warnings are
not easily noticed.
3. DOT Shipping Information: This information
appears on three MSDSs and on no labels. This information is
not useful in protecting construction employees.
4. Fire/Explosion: All MSDSs and labels carry
information on flammability/combustibility. Twelve MSDSs (and
no labels) contained the flash point of the product, which is,
information of doubtful usefulness to employees. Fifteen MSDSs
describe the type of fire extinguisher to be used; in all
cases, dry chemical or foam can be used, and in most cases,
C02. In other words, any kind will do. One MSDS prescribes,
"For small fires: Use dry chemical, C02, water or foam
extinguishers [any type will do]. For large fires: Evacuate
area and call Fire Department immediately."
5. Hazardous Chemicals: Six labels do not contain
listings of "hazardous" chemicals; however, in most cases the
MSDS chemicals listed are low risk, high PEL (permissible
exposure levels), with relatively trivial adverse health
effects. On some MSDSs, no hazardous chemicals are listed
because the chemical formulations are trade secrets. The
employee, who is supposed to have access to MSDS information in
an emergency, has to write to the manufacturer to obtain
information on the chemicals. The employer, who is supposed to
use this information to prepare his training program, does not
have access to such trade secrets.
6. PELs and TLVs: Nearly all MSDSs provide PELs
or TLVs (Threshold Limit Values); none of the labels do.
Neither employees nor employers are trained chemists. Since
they are incapable of quantifying job-site exposures, PELs and
TLVs are useless to them.
7.
Physical Data: Nearly all MSDSs contain
physical data (boiling point, vapor pressure and density,
solubility in water, appearance and odor, specific gravity,
percent volatile by volume, etc.), whereas the labels do not.
This data, however, provides no information on precautions,
effects, or first aid, and as such is of no value to employees
and employers. The data serve only to "bury" important
information.
Occupational Safety and Health Administration
October 28, 1988
Page 27
8. Emergency Telephone Numbers: Each MSDS has an
emergency telephone number. Only 3 labels have telephone
numbers.
9. Health Hazard Data (Effects): In about eight
cases the MSDS supplies more information on the effects of
hazardous chemicals from inhalation, ingestion, or contact with
skin and eyes. In several cases the label is superior. In
nearly all cases in which the MSDS provides more information,
the effects are minor -- irritation of eyes and skin. Two
labels clearly lack important information. One MSDS is missing
two pages (page four is on the back of page one, pages two and
three are missing). The necessary conclusion from this data is
that, in general, labels supply equal and adequate information
on the effects of hazardous chemicals.
10. First Aid: In six to eight cases, the MSDSs
provided more information on first aid than the labels did,
although in nearly all cases the first aid prescribed is
obvious. When bothered by fumes, move to fresh air. If eyes
become irritated, flush with water. If skin becomes irritated,
wash it. Several state, "If not breathing, give artificial
respiration." However, once again, in nearly all cases, the
labels supply equal and adequate first aid treatment
information.
In contrast, OSHA does not require first aid
information to be included on labels prepared by the employer.
The employee is expected to go to the file drawer in the
construction trailer to obtain this information. OSHA admits
that too much information on labels reduces readership ("the
more detail there is on a label, the less likely it is that
employees will read and act on the information"), but for some
reason feels differently about MSDSs.
11. Reactivity Data: In all cases the MSDSs supply
this data and the labels do not. In all cases the chemicals
are listed as "stable." This is useless information for
employees and employers.
12. Precautions: In three cases, the MSDSs supply
more precautions than the labels, and in two cases the labels
supply more. In sixteen cases, MSDSs prescribed wearing
goggles, gloves, or protective aprons or clothing, and the
labels do not. In each case, however, these precautions may
not be necessary, depending on whether the employee uses
reasonable care. The labels and MSDSs are usually consistent
in requiring NIOSH-approved respirators for certain
occupational exposures to hazardous products.
Occupational Safety and Health Administration
October 28, 1988
Page 28
13. Handling and Storage: The MSDSs provide more,
albeit obvious, information in seven cases. The usual
requirement for most flammable items is obvious--store in a
cool, well-ventilated place, away from flames.
14. Spill or Leak Procedures: The MSDSs provide
somewhat more information in five cases. For most, the
requirements are again obvious. For flammable items,
extinguish flames and ventilate the area; then "scrape
together," "soak up," "scoop up," or "absorb." In other words,
"clean up."
15. Waste Disposal: Nineteen MSDSs provide waste
disposal advice which is nearly always, "Obey the law" by
following local regulations. One suggests use of "normal
methods" of waste disposal. Only three offer possibly useful
information requiring incineration instead of landfilling. It
should be pointed out that waste disposal for builders is not a
major task; it normally involves disposal of empty containers.
Therefore, this category is not very useful to employers or to
employees.
16. Read the Label: Four MSDSs cautioned the
reader to "read the product label.' This should be the rule.
It should also be noted that several of the labels which were
inferior to the MSDSs did not comply with CPSC labeling
requirements, and it can be assumed that their deficiencies
will be rectified quickly by the CPSC.
17. Understandable Language: If MSDSs are to be
useful, their audience must have some chance of understanding
what they say. For the audiences of construction workers and
employers, they should be written in plain English, and include
"street names" of chemicals (e.g., muriatic acid instead of
hydrochloric acid). Instead MSDSs include numerous
abbreviations, chemical and medical terms, and other words and
phrases that their audience will probably not understand. CPSC
labels, on the other hand, tend to be written in language far
more understandable to the target audience of consumers and
workers.
In conclusion, with the exception of the
manufacturer's telephone number, CPSC product labels contain
all the product-specific information necessary for an employee
to protect himself. The information on product labels is much
more readily available in case of emergency than that on
MSDSs. The employee only has to pick up the container and
Occupational Safety and Health Administration
October 28, 1988
Page 29
read, instead of going into a file drawer, searching through
300 MSDSs to find the right one, then reading through two to
five pages of fine print and incomprehensible chemical data to
find the required information.
The lack of consistency in MSDS format makes the task
of searching for information even more difficult. Often the
sheets are bad photocopies, sometimes totally illegible. Other
times the information is trivial--every category filled with
"N/A"--not applicable. Such is the case for bagged limestone
chips (only the bag is hazardous) or aluminum foil. Sometimes
no product name is provided on the MSDS--only a product
number-such as on the Liquid Nails Carpet Adhesive MSDS.
Other times, no product number is provided--only the name.
Sometimes the hazardous chemicals are not listed on the MSDS
because they are trade secrets.
In short, existing consumer product labels provide
most of the information needed by those who are exposed to
hazardous chemicals. To the extent additional information is
found to be necessary, the CPSC should step in so that both
consumers and workers may benefit. This is not to say that
there is no role for MSDSs in the hazard communication
process. However, MSDSs should only be required on industrial
products which are not commonly available to and used by
consumers, and MSDSs should be maintainable at a centralized
office location. This approach has the backing of OMB from a
paperwork perspective as well as the support of the
construction industry in our desire to develop a workable HCS.
It will not reduce worker safety in the slightest. Therefore,
we strongly urge OSHA to adopt our suggested modifications.
F.
Comments on the Definition of "Articles"
The construction industry is relieved to see OSHA has
chosen to modify section (iii) of the "articles" definition in
section (c) to exempt items "which under normal conditions of
use [do] not release more than very small amounts of a
hazardous chemical (as determined under paragraph (d) of this
section) and [do] not pose a physical hazard or a health risk
to employees. (See 53 Fed. Reg. 29852.)
While this language is an improvement, there are still
serious and substantive issues of concern to the construction
industry left open. Various terms still need clarification,
and OSHA has failed to appreciate that the application of the
articles definition is an issue in the non-manufacturing sector
as well as the manufacturing sector.
Occupational Safety and Health Administration
October 28, 1988
Page 30
The language in section (iii) of "very small
quantities, e.g., minute or trace amounts " suggests the de
minimis exemption which the construction industry pressed for
in its earlier comments to OSHA and the Advisory Committee on
Construction Safety and Health, and which OMB endorsed in its
letter of October 28, 1987. Unfortunately, there is still
considerable doubt as to what constitutes a "very small
quantity" or a "trace amount," although this is an improvement
over OSHA's earlier statement exempting "molecular level
releases. The definition still allows for inclusion of items
that would not meet the "significant risk" test as articulated
by the Supreme Court in the Benzene decision.
The construction industry again urges OSHA to adopt a
clear and quantifiable de minimis definition which would allow
manufacturers and employers alike to objectively determine if
an item was covered and would thus trigger the labeling and
MSDS requirements. Furthermore, construction employers would
be able to more consistently apply the HCS if the definition of
"articles" was based on a quantifiable, objective standard.
D.
Comments on Employee Training
Another major issue area for our members, as noted
above, remains the subject of employee training. Because of
the mobility of the construction work force, frequent movements
from one job task to another, high personnel turnover, and
constant changes in crew size, any type of new training
requirements in the building industry, beyond what is already
required, impose tremendous practical problems. The complexity
of these problems increases geometrically with the sporadic use
of a multiplicity of chemicals.
Neither the August 24 amendments to the HCS nor the
current NPRM make any changes in the pre-existing training
requirements of subsection (h). The NPRM states that employers
who comply with the general training requirements of 29 C.F.R.
$1926.21 will "largely" be in compliance with the HCS
training. 53 Reg. 29846. OSHA further invites reliance on
1984 voluntary training guidelines. Yet the language of the
HCS itself, which OSHA is so far refusing to modify or clarify,
arguably implies that the employee training required under HCS
is hazard specific, as opposed to the more generic hazard
training permitted under Section 1926.21. The Standard further
appears to require that construction work be stopped for new
training every time "a new hazard is introduced into (on
employee's) work area.
Occupational Safety and Health Administration
October 28, 1988
Page 31
We continue to take the position that these
requirements are unrealistic in the construction industry. If
OSHA intends to disallow these clearly infeasible aspects of
the training provisions, as it certainly should, then the
agency should do so explicitly, by modifying the rule. As
presently written, an employee may spend more time being
trained about hazardous substances than actually working at the
site. Obviously, this system cannot work.
We therefore petition OSHA to modify subsection (h)
and adopt more general training requirements. Suitable
language would be the following:
(h) Employee information and instruction. Employers
shall assure that their employees have been provided
with information and instruction on hazardous
chemicals at construction sites.
(1) Information. Employers shall assure that their
employees have been provided with information
regarding the general provisions of the contractor's
hazard communication program to include at least: (i)
Location of hazardous chemical substances inventory;
(ii) Location of material safety data sheets; (iii)
Explanation of the reference potential of material
safety data sheets and labels; and (iv) Description of
labeling practices.
(2) Instruction. Employers shall assure that their
employees have received instruction on the chemical
hazards at their construction sites. Such instruction
shall include training in:
(a) The common physical and health hazards of
chemicals, and
(b) The generic measures to protect against
exposure to chemical hazards.
The preamble should include provisions that employers only be
responsible for training their own employees (i.e. each
subcontractor would take care of his employees only) and that
once an employee has been trained, he or she need not be
retrained each time he or she changes jobs. We do not believe
that the additional information which the employee will receive
each time he or she is "retrained" justifies the exhorbitant
delays which the existing system will entail.
Occupational Safety and Health Administration
October 28, 1988
Page 32
VI.
CONCLUSION AND REQUEST FOR HEARING
For the reasons set forth above, OSHA should modify
the revised HCS in a manner that will result in provisions
which are reasonably necessary and appropriate to reduce
significant risks, to the extent such risks exist in
construction, and which can feasibly be implemented.
At this time, the Coalition formally requests an
opportunity to present a panel of witnesses at OSHA's informal
hearing on the HCS, presently scheduled to begin on December 6,
1988.
Respectfully submitted,
THE CONSTRUCTION INDUSTRY
HAZARD COMMUNICATION COALITION
CONSTRUCTION INDUSTRY HAZARD COMMUNICATION COALITION
American Subcontractors Associated Builders and
National Association of
Association
Contractors
Home Builders
Associated Specialty
ADSC: The International
Air Conditioning
Contractors
Association of
Contractors of
Foundation Drilling
America
Contractors
American Architectural
American Fire Sprinkler
American Institute of
Manufacturers
Association
Steel Construction
Association
American Road and
Associated Landscape
Association of the Wall
Transportation Builders Contractors of America
& Ceiling Industries--
Association
International
Ceiling and Interior
Concrete Sawing and
Door and Operator Dealers
Systems Construction
Drilling Association
Association
Association
Independent Electrical
Insulation Contractors
International Association
Contractors
Association of America
of Drilling Contractors
Mason Contractors
Mechanical Contractors
National Association of
Association of America
Association of America
Cold Storage Contractors
National Association
National Association
National Association of
of Minority Contractors
of Plumbing, Heating
the Remodeling Industry
and Cooling
Contractors
National Electrical
National Glass
National Insulation
Contractors Association
Association
Contractors Associations
National Ornamental &
National Roofing
National Utility
Miscellaneous Metals
Contractors Association
Contractors Association
Association
Painting and Decorating
Sheet Metal and Air
Systems Builders
Contractors of America
Conditioning
Association
Contractors National
Association
6685y
OSHA DOCKET NO. H-022D
COMMENTS OF CONSTRUCTION INDUSTRY
HAZARD COMMUNICATION COALITION
ATTACHMENT 1
SUMMARY
WINCHESTER HOMES - MSD SHEETS
Subcontractor
No. of MSDSs
No. of Pages
Security
2
7
Decks
1
3
Floor Covering
6
11
Drywall
1
4
Cleaning
1
3
Pest Control
2
4
Insulator
2
4
Component Plant
1
4
Cabinets
7
21
Stairs
2
4
Plumbing/Heating (2)
53
119
Electrical (6)
90
301
Concrete
29
34
Millwork
6
25
Roofing
2
8
Punchout
5
13
Concrete Masonry
40
86
Insulation
2
10
Glazing
3
13
Sheathing
1
3
Doors
1
2
Fireplaces
1
1
Windows
1
1
Cement
12
16
Painting (4)
18
50
Gas
5
5
Metal
5
6
Welding
3
5
TOTALS: 38 Subcontractors
302 MSDSs
763 pages
Page 1
WINCHESTER HOMES - MSD SHEETS
No. Subcontractor Material
Chemical
H?
Manufacturer Pgs
1
Security
Sealant
Acetoxysilane
Y
Dow Corning
3
2
Gasoline
Petroleum Distillate
Crown
4
Benzene, Toluene,
Xylene
1
Decks
Wood Preser-
Chromic Acid, Copper Y
The Applied
vative CCA
Oxide, Arsenic
Y
Research Group 3
Pentoxide
Y
1
Floor Cover.
Carpet pad
Polyurethane foam
No
Scotfoam Corp.
2
2
Carpet & pad
Synthetic fibers
No
Armstrong
1
3
Tile adhesive
Toluene, naptha,
Y
Armstrong
2
hydrocarbon resins
4
665 adhesive
Toluene, alcohol,
Y
Armstrong
2
silicon dioxide
5
235 adhesive
Toluene, petroleum
Y
Armstrong
2
6
Sheet flooring
Toluene, petroleum
Y
Armstrong
2
adhesive
1
Floor Products S-254 Floor Ad Synthetic latex
Y
Armstrong
2
resin emulsion
2
S-235 Adhesive
Synthetic latex
Y
Armstrong
2
resin emulsion
3
S-665 Adhesive
Solvent-dispersed ad
Y
Armstrong
2
4
S-750 Adhesive
Rubber resin
Y
Armstrong
2
1
Carpet
Armstrong rug
synthetic yarn/fiber
N
Armstrong
1
1
Drywall
Adhesive
Hydrocarbon solvent
Y
MiracleAdhesives4
1
Cleaning Svc.
Spray cleaner
Ethylene glycol
Y
Savogran
3
monobutyl ether,
ammonia
1
Pest Control
Termiticide
Diethyl trichloro
Y Dow Chemical
4
pyridyl phosphoro-
thiate
1
Insulator
Insulation
Fiberglass wool
Y
Owens-Corning
6
2
Fiber products
Refract ceram fiber
Y
Babcock&Wil
2
1
Component
PL400 adhesive
Isopropyl alcohol,
Y
Rexnord Chem.
4
Plant
dicocodimethylammonium-
chloride, acetone
hexane, toluene
1
Cabinet Mfr.
Stain #2
PetroleumHydrocarbon Y Reliance Univ. 3
2
Stain #7
"
"
Y
"
"
3
3
Stain #8
"
"
Y
"
"
3
4
Touch-up paint Ketone, N-propil al- Y Star Chemical
2
cohol, ethylene
glycol, monopropyl-
ether, dyes
5
Putty stick
Wax, pigments, acid
No Star Chemical
2
6
Spray paint 11 chemicals
Y Star Chemical
4
7
Spray lacquer 8 chemicals
Y Star Chemical 4
Page 2
WINCHESTER HOMES - MSD SHEETS
No.
Subcontractor
Material
Chemical
H?
Manufacturer
Pgs
1
Stair Co.
Lacquer stain
Aromatic
100
&
200,
Y
Wampler Chem.
2
#187
Toluol
2
#326
Ar. 150, Toluol
Y
Wampler Chem.
2
1
Plumbing &
Anti-freeze
Quaker State
2
2
Heating
Brake fluid
Rymark Ind.
2
3
Diesel fuel
U.S. Aviex Co.
2
conditioner
4
Battery acid
Scholle Corp.
2
5
Carb.cleaner
CRC Chemicals
2
6
Pipe paste
No Lake Chem. Co.
2
7
Putty
Asbestos
Hercules Chem.
2
8
Purple primer
Methyl Ethyl Ketone,
No
Oatey Co.
2
Tetrahydrofuran
No
9
PVC cement
Tetrahydrofuran,
Y
Oatey Co.
2
Cyclohexanone
Y
10
Cleaner
Methyl Ethyl Ketone
No Oatey Co.
2
11
PVC cement
Tetrayhdrofuran,
Y
Oatey Co.
2
Cyclohexanone
Y
12
CPVC cement
same as 11
Y
Oatey Co.
2
13
PVC-ABS cemt.
same as 11
Y
Oatey Co.
2
14
CPE solvent
m-Xylene, m-Xylol
No Oatey Co.
2
15
Cutting oil
Sulfur, petroleum,
Y
Hercules Chem.
2
naptha
16
50/50 Solder
Lead, tin,antimony,
Y
Federated-Fry
4
arsenic
17
95/5 Solder
Tin, antimony
Y
Federated-Fry
4
18
Propane
Propane
Y
BerzOmatic
2
19
Propane
PetroleumHydrocarbon
Y
Exxon Co. USA
2
20
Acetylene
Aliphatic
"
Y
Airco Carbide
3
21
Pipe lubricant
Soap
No Concord Chem.Co.2
22
Flux paste
No Lake Chem.Co.
2
23
AcrylicLacquer Toluene, AmylAcetate,Y DuPont
2
Xylene, 1-Methoxy-2
Propanol Acetate
24
Lacquer Clears 22 chemicals
Y
DuPont
2
25
LacquerThinner
15 chemicals
Y
DuPont
2
26
Acrylic Enamel Toluene, Xylene,
Y DuPont
2
Methyl Ethyl Ketone
+ 5 chemicals
27
Basemakers
11 chemicals
Y DuPont
2
28
Alkyd Enamel
Toluene, Xylene +4
Y
DuPont
2
29
Polyurethane
Toluene, 1-Methoxy-2
Y
DuPont
2
Enamel
propanol acetate,
ethyl acetate
30
Enamel Topcoat 5 chemicals
Y DuPont
2
31
Vinyl Enamel
11 chemicals
Y DuPont
2
Page 3
WINCHESTER HOMES - MSD SHEETS
No.
Subcontractor
Material
Chemical
H?
Manufacturer
Pgs
32
Plumbing and
Enamel
6 chemicals
Y
DuPont
2
33
Heating
Enamel Reducer 19 chemicals
Y
DuPont
2
34
Hardeners
6 chemicals
Y
DuPont
2
35
Additives
13 chemicals
Y DuPont
2
36
Ac.Lac.Primer
11 chemicals
Y
DuPont
2
37
Enamel Primer
16 chemicals
Y
DuPont
2
38
Paint Remover
11 chemicals
Y
DuPont
2
39
Transmission
PetroleumHydrocarbon
Y
Pennzoil
6
Fluid (DexII)
40
Transm.Fluid F
"
"
Y
Pennzoil
6
41
Hydraulic oil
"
"
Y
Pennzoil
6
42
Diesel fuel #2 Petroleum Distillate
Y
Exxon
3
43
Gasoline
"
"
Y Amoco
4
44
Duct seal foam
2
1
Plumbing-2
CPVC Cement
Tetrahydrofuran,
Y
Oatey Co.
1
Cyclohexanone
2
Oatey Cleaner
none
N
Oatey Co.
1
3
Paste w/teflon
none
N
Lake Chem.
1
4
Pipe Joint cmp
none
N Lake Chem.
1
5
Flux Paste
none
N Lake Chem.
1
6
cement
tetrehydrofuran,
Y
Oatey Chem.
1
Cyclohexanone
7
cement/clear
Tetrahydrofuran,
Y Oatey Chem.
1
Cyclohexanone
8
ABS cement
methyl ethyl ketone
Y
Oatey Chem.
1
9
PVC cement,med
tetrahydrofuran,
Y Oatey Chem.
1
cyclohexanone,
methyl ethyl ketone
Page 4
WINCHESTER HOMES - MSD SHEETS
No. Subcontractor Material
Chemical
H?
Manufacturer Pgs
1
Electrical-1
Cable cleaner
Trichloroethane,
Y 3M
4
perchloroethylene,
dioxane
2
4-Way 1605
Propane, isobutane, Y 3M
4
mineral spirits,
kerosene,+4
3
Electrical-2
PVC cement
Tetrahydrofuran,
Y Hercules Chem. 4
methyl ethyl ketone,
Cyclohexanone
4
Electrical-3
Fire Putt 303
Amorphous Silica,
3M
4
Xylene, +4NH,
methyl ethyl ketone
5
FireCaulk CP25
Xylene, +5NH
Y 3M
4
methyl ethyl ketone
6
Insul Resin
Carbon Black, +5NH,
Y
3M
4
2,4,6 T-Dimethylami
7
Isul Resin 400
Vinyl Cyclohexane
Y 3M
4
Carbon Black, +3NH
8
InsulResin2100 Prepolymer +5NH Y 3M
4
9
InsulResin2104
Prepolymer
+5NH
Y
3M
4
10
Plastic Spray
Toluene, Propane,
Y 3M
3
Ethyl Alcohol, +2NH
11
Silicone Lub.
Hexane,n-hexane,+2NH Y
3M
4
12
Elect. Coat
Acetone, Toluene,
Y 3M
4
methyl ethyl ketone,
Zinc Oxide, +5NH
13
BagCleaningPad
1,1,1 Trichloroeth.
Y 3M
3
14
PipeInsulPutty
Titanium Dioxide,
Y 3M
3
Carbon Black, +4NH
15
Cable Prep Kit 1,1,1 Trichloro..
Y 3M
3
16
Silicone lub.
1 NH
N 3M
3
17
Sealing Cmpd
Antimony Trioxide,
Y 3M
3
Lead Phosphaate +2NH
18
2200 MasticPad
Antimony Trioxide,
Y
3M
3
Lead Phosphate, +2NH
19
2100 MasticRol Antimony Trioxide, Y 3M
3
Lead Phosphate, +2NH
20
Rubber Adhesiv
Toluene, distillates Y 3M
4
Aliphatic Petroleum,
ethyl alcohol,
n-hexane, +4NH
21
Contact Clean
Trichloriflouethane, Y 3M
3
Carbon Dioxide
Page 5
WINCHESTER HOMES - MSD SHEETS
No. Subcontractor Material
Chemical
H? Manufacturer Pgs
22
Electrical 4
Red Ivi-spray
methylene chloride,
Y
3M
4
23
1602 IVI Sprat
methylene chloride, Y 3M
4
isopropyl alcohol,
methyl ethyl ketone,
toluene,propapne+3NH
24
Degreaser 1606
1-1-1-trichloroetha, Y 3M
4
1,4-dioxane,
parchoroethylane,
carbon dioxide
25
2114InsulResin
Prepolymer:Aliphatic Y 3M
4
+4NH
26
1603 Black IVI Carbon Black, Xylene Y 3M
4
methyl ethyl ketone,
ButylAlcohol propane
methylene chloride+3
27
1603 black IVI
carbon black, xylene Y 3M
. 4
methyl ethyl keton,
butyl alcohhol,
methylene chloride
propane, +3NH
28
1605elec 4-way mineral spirits,
Y 3M
4
kerosene,propane,
2-Butoxyethanol,
isobutane, +2NH
29
1607cleaner
1,1,1-trichloroethan Y 3M
4
dimethoxmethane,
1,4-dioxane,
carbon dioxide
30
insul putty
carbon black, +4NH Y 3M
3
31
pipe primer
ethyl alcohol, +2NH Y 3M
3
petroleum distilate,
lead oxide, toluene
32
2130 flame no
prepolymer:diphenyl. Y 3M
4
carbon black, +4 NH
antimony trioxide,
decarbomodiphenyl.
33
Kit 82-A
2,4,6 tris(dimethyl, Y 3M
4
Carbon Black, +5 NH
34
Kit 82-A1
2,4,6-tris(dimethyl, Y 3M
4
Carbon Black, +5NH
35
Kit 82-A3
2,4,6-tris(dimethyl, Y 3M
4
Carbon Black, +5NH
36
Kit 85-10
Preplymer:diphen +4 Y 3M
4
37
Kit 85-12
Prepolymer:Diphen +4 Y 3M
4
38
Kit 85-14
Prepolymer:diphen +4 Y 3M
4
39
EG-3 connect
Mineral oil +3NH
Y 3M
3
40
hydrolic oil
refine distillat oil Y Ridge Tool
3
Page 6
WINCHESTER HOMES - MSD SHEETS
No.
Subcontractor
Material
Chemical
H? Manufacturer Pgs.
41
Electrical 5
thread cut oil
mineral oil
Y
Ridge Tool
3
Motor grease
distillate oil
Y Ridge Tool
3
43
Grease
1,3-Dioxolan-Z-One,
Y
Blackburn
2
44
Kit 82-A2
2,4,6-Tris(Dimethy,
Y
3M
4
Carbon Black
45
Kit 72-N3
Prepolymer:Dimet +4
Y
3M
4
46
elect ballast
PCB
Y
Branch elect
2
47
KIT 5903
Prepolymer:Diphen +4 Y 3M
4
48
KIT 5903
1,1,1-trichloroethan Y 3M
3
49
KIT 82-B1
2,4,6-Tris(Dimethan, Y
Carbon Black
Y 3M
4
50
KIT 85-16
Prepolymer:Diphen+4 Y 3M
4
51
KIT 5636K
1,1,1-Trichloroethan Y 3M
3
52
KIT 5905/2100
Prepolymer:Diphen +4 Y 3M
4
53
KIT 5905/A-2
1,1,1-Trichloroetha
Y
3M
3
54
Sodate Retarde
none
N US Gypsum Co
2
55
KIT 5635K
Silicone Cmpd.
N 3M
3
56
Kit 5635K(A-2)
1,1,1-Trichloroethan
Y
3M
3
57
KIT 5633 silic
Silicone cmpd
N 3M
3
58
KIT 5633/A-2
1,1,1-Trichlorothan
Y
3M
3
59
KIT 3570/400
Vinyl Cyclohexene di Y 3M
4
Carbon Black +3
60
Caulk CP-25
methyl ethyl ketone, Y 3M
4
xylene,
Magnesium Oxide,
Calcium Carbonate
61
Kit 5718
1,1,1 trichloroethan Y 3M
3
62
switch cleaner
thichloroflourethan, Y 3M
3
Dichlorodiflorometh
63
Hand Cleaner
Dipropylene Glycol,
Y
Ideal Indust
3
Isobutane
64
KIT 5718/A-2
1,1,1-Trichloroeth
Y
3M
3
65
Switch cleaner trichlorotriflouroet Y 3M
3
Dichlorodiflorometh
66
40-695 hand cl dipropylene glycol, Y Ideal
3
isobutane
67
40-685 pen oil
stoddard solvent,
Y Ideal Indust
3
normal butylalcohol,
methyl chloride,
propane, isobutane
68
40-635 lubric.
Hexane, propane,
Y Ideal Indust
3
isobutane
69
40-630 Zinc,ga xylol, VM&P Naphtha, Y Ideal Indust
3
MEK, Tolvol, propane
methylene chloride,
isobutane
70
40-600 moist
low odor base solven Y Ideal Indust
3
Page 7
WINCHESTER HOMES - MSD SHEETS
No. Subcontractor Material
Chemical
H? Manufacturer Pgs
71
Electrical-5
moisture displ low odor base solvn, Y Ideal
3
butyl cellosolve,
A propane
72
wire lubricant none
N Ideal Indust
1
73
Noalox
none
N Ideal Indust
1
74
1188,1200,1350
Aluminum alloy
Y Service Wire
2
75
KIT 5719/A-2
1,1,1-trichloroethan
Y
3M
3
76
KIT 5720/A-2
1,1,1-trichloroethan Y
3M
3
77
KIT 5504 Bag C 1,1,1-trichloroehtan Y 3M
3
78
KIT 5504 silic silicone cmpd
N 3M
3
79
Insul Resin
2,4,6-tris(dimethyl Y 3M
4
carbon black +5NH
80
KIT 82-A
2,4,6-TRIS(Dimethyl, Y 3M
4
Carbon Black +5NH
81
KIT 82-A1
2,4,6-Tris(dimethyl, Y 3M
4
Carbon Black +5 NH
82
KIT 82-A3
2,4,6-Trisdimethyl, Y 3M
4
Carbon Black, +5NH
83
KIT 82-A2
2,4,6-Tris(dimethyl, Y 3M
4
Carbon Black, +5NH
84
KIT 82-B1
2,4,6-Tris(dimethyl, Y 3M
4
Carbon Black, +5NH
85
electrode
iron, limestone,
Y Lincoln Elec
2
fluorides, silicate
barriers, titanium
dioxides, manganese
(alloys), silicone
alloys, bauxite/alum
ferrovanadium, min-
eral silicates, zinc
oxides
86
electrical 6
barecopperwire
fumes and gases from
JW Harris Co
2
copper, zinc, tin,
aluminum, manganese
iron, silicon, nickel
87
Carbon steel
fumes contain: Fe
Y Unibraze
2
wire
oxide & fluorides,
oxides of Cu, Al, Ca
Mg, Mn, K, Si, Na,
Ti, Zarconium
88
Covered
Iron, Limestone,
Y Lincoln Elec
1
electrode
Calcium carbonate
E7018
flourides, silicone
barriers, manganese/
alloy, mineral sil-
icates, silicone
alloys, ferrovanadium
Zinc oxides
Page 8
WINCHESTER HOMES - MSD SHEETS
No. Subcontractor Material
Chemical
H? Manufacturer Pgs
89
Covered Elec-
Cellulose/carbo,
Y
Lincoln
5
trode E6011
iron,silicatebarrier
Titanium dioxides,
magnesite & alkali
carbonates,Mn/alloys
mineral silicates
90
Nickel/alloy
fumes: Mn, Fe oxide
Y
Lincoln Elec
2
coated
Si oxide, Cu, Cr,
electrodes
Molybdenum, Ni, Al,
Ti, Co, Tungsten,j
Ti diox, Cacarbonate
Ca F, Cryolite,
Feldspar, Cr oxide,
K silicate, KOH
91
Arcal "Weld-0"
hydrofluoric acid,
Y Lincoln
2
nitric acid
1
Concrete
Ready mix
Portland cement
Y Genstar
1
2
Accelerator
Calcium chloride,
No W.R.Grace
1
amine
3
Plasticizer
Sodium, potassium,
Y W.R.Grace
2
lignosulfonate,
naphthalene sulfonic
acid, formaldehyde
4
Hardener
Calcium nitrite,
Y W.R.Grace
1
nitrosodiethanolamine
5
Retarder
Lignin Sulfonate,
Y W.R.Grace
1
Formaldehyde
6
Daravair
Vinsol
No W.R.Grace
1
7
Darex AEA
Sulfonate
No W.R.Grace
1
8
Corrosion
Calcium nitrate
Y W.R.Grace
3
inhibitor
10
Pumping aid
Polyethylene oxide
No W.R.Grace
1
11
Add. WRDA
Lignin sulfonate,
Y W.R.Grace
1
Formaldehyde
12
Plastizer
Sodium, potassium,
Y W.R.Grace
4
formaldehyde
13
Add.WRDA-HC
Sodium, polyhydroxy
No W.R.Grace
1
14
Add.WRDA-Hycol Hydrocarbons, lignin Y W.R.Grace
1
sulfonate, amines,
formaldehyde
15
Add. 122
Phenolic biostat
Y Master Bldrs
1
16
Add .300
"
"
Y Master Bldrs
17
Add. MB-VR
Caustic soda
Y Master Bldrs
1
18
Add. 100-XR
Phenolic biostat
Y Master Bldrs
1
19
Add. 122-HF
-
No Master Bldrs
1
Page 9
WINCHESTER HOMES - MSD SHEETS
No.
Subcontractor
Material
Chemical
H?
Manufacturer
Pgs
20
Concrete
Add. 122-R
Phenolic biostat
Y Master Bldrs
1
Add. 322-N
Phenolic biostat
Y Master Bldrs
1
21
22
Add. 400-N
No Master Bldrs
1
-
23
Accelerator
No Master Bldrs
1
--
24
Add. 100
Free alkali
Y BordenRemington 1
25
Add. RD-2
Free alkali
Y BordenRemington 1
26
Add. RD-1
Free alkali
Y BordenRemington 1
27
Add. Mighty
Free alkali
Y BordenRemington 1
28
Portland
High pH of solutions
Y
Coplay Cement
1
Cement
29
Detergent
Hydrochloric acid
Y
ProSoCo
2
1
Barber & Ross
Glazing comp.
Vegetable oil
No Biddle Co.
4
2
Bed adhesive
Hexane, naptha,
Y Biddle Co.
4
hydrocarbons,
isoheptanes, toluene
3
Butyl ad.tape
Asbestos fiber
Y Biddle Co.
4
4
Latex caulk
i
No Biddle Co.
3
5
Catalyst 182LD Maleic Anhydride,
Y Borden
4
phosphoric acid
6
Elastopor
Isocyanate, diphen- Y BASF
6
ylmethane Diisocyanate
1
ThulmanEastern
Const.adhesive
Aliphatic hydrocarb
Y MiracleAdhesive 4
2
Roof Cement
Asphalt, asbestos
No SeaboardAsphalt 4
1
Punchout?
#2 stain
Petroleum hydrocarb,
Y
Am.Woodmark
3
#8 stain
"
"
2
Y
Am.Woodmark
3
#7 stain
"
"
3
Y
Am.Woodmark
3
4
Touch Pals
Alcohol
Y
Star Chemical
2
5
Putty stick
Pigment blend
Y Star Chemical
2
1
N.M.Phillips
Concrete block
Quartz
Y Balcon, Inc.
2
2
(masons?)
50/50 solder
Tin, lead, antimony
Y
Federated-Fry
4
arsenic
3
Insulation
Fibrous glass
No CertainTeed
4
4
PVC cement
Dimethyul Mormamide,
Y
Hercules Chem.
1
tetrahydrofuran,
methyl ethyl ketone,
cyclohexanone
Page 11
WINCHESTER HOMES - MSD SHEETS
No. Subcontractor Material
Chemical
H? Manufacturer Pgs
1
Insulation
Polycel
Polyurethane Prepoly Y
Carroll Insu
4
2
Fiberglass
fibrous glass
Y
Owens-Cornin
6
1
Builders
Perma Glaze W
none
N
Biddle Co.
4
2
bedding adhes
hexane, vw&P Naptha,
Y
Biddle Co.
6
Aliphatic and aroma-
matic hydrocarbons,
n & isoheptanes,
toluene
3
Latex calk
none
N Biddle Co.
3
1
Paper Laminate CatalyH-182LD
Maleic Anhydride,
Y Borden
3
Phosphoric Acid
1
Doors
None
N
C&D Doors In
2
1
Fireplaces
None
N Hearth&Home
1
1
Windows
Wind&SideCaulk Mineral spirits
Y Ohio Sealant
1
Page 12
WINCHESTER HOMES - MSD SHEETS
No.
Subcontractor
Material
Chemical
H? Manufacturer Pgs
1
Cement
Sure-Grout 180
N
Kaufman
1
2
K-crete 170
1
3
Duracrete 190
1
4
Tycon 140-50
1
5
Patchwell 90B
1
6
Dress-up 30
1
7
Hi-Cap 175
1
8
Sure Plug 172
1
9
Hi-Caplight176
1
10
MD fibered
Petroleum distillate Y
Monsey Prod.
2
roof coat
Co.
11
rigid hydraul- Paraffinic distill- Y
Ridge Tool
3
ic fuel
ate oil
12
flake CaC12
Calcium chloride
Y
Allied
2
1
Painting-1
House & Trim
Hydrocarbon solvent
Y
McCormick
3
paint,7 series
except 27-202,
27-219,27-220
2
House & trim
Hydrocarbon solvent
Y
McCormick
3
paint,7 series
3
Tempo Latex
ethylene glycol
Y
McCormick
3
semiglosspaint
4
Vinyl Flat
diatomaceous earth,
Y
McCormick
3
paint, 12series
ethylene glycol
5
latxhousepaint ethylene glycol
Y
McCormick
3
6
exter. paint
ethylene glycol
Y
McCormick
3
27 series, ex-
cept 27-219,
27-202,27-220
7
exter. paint
ethylene glycol
Y
McCormick
3
27 series
8
exter. paint
ethylene glycol,
Y McCormick
3
27-202, 27-219
chromium oxide
27-220
9
house & trim
Chromium oxide,
Y
McCormick
3
paint, 7-702,
hydrocarbon solvent
7-219,7-220
10
27-200 exter.
Carbon Black,
Y McCormick
3
lusthousepaint
ethylene glycol
11
Galvaniz. cmpd
Zinc, toluene,
Y ZRC Products
2
methylene chloride,
xylene,
Propellate propane
12
Bar-ox int/ext
mineral spirits,
Y
Devoe &
4
gloss enamel
VM&P Naphtha,
Raynolds Co.
AromaticHydrocarbon,
Page 13
WINCHESTER HOMES - MSD SHEETS
No. Subcontractor
Material
Chemical
H? Manufacturer Pgs.
13
Painting-2
Bar-Ox Alkyd
Mineral spirits,
Y
Devoe &
4
shop/field
iron oxide, alum-
Raynolds Co.
primer
inum silicate,
Calcium carbonate,
Mod.BariumMetaborate
14
spray enamel
VM&P Naphtha,xylene, Y
Devoe &
methylene chloride,
Raynolds Co.
4
propane/isobutane
Propellent, Titanium
Dioxide, iron oxide
calcium carbonate,
magnesium silicate
15
Bar-Ox int/ext
Mineral spirits,
Y Devoe &
3
alkydGlossEnam
VM&P Naphtha, titan-
ium dioxide,
A-Calcium Carbonate,
B-Organophyllic Clay
16
Painting-3
Polymethylene-
Diphenylmethane Di-
Y
BASF Corp Ch
4
Polyphenyliso-
socyanats, Oligomers
cyanates
17
Elastopor
Urethane Resin
Y BASF Corp Ch
4
P-1066 U Resin
18
Silicone Caulk Acetoxysilane
Y Rutland Prod
1
19
Painting-4
Wood Primer
TexanolEsterAlcohol,
Y
Davis Paint
2
ethylene Glycol
20
Purple primer
none
N
Oatey Co.
1
Page 14
WINCHESTER HOMES - MSD SHEETS
No. Subcontractor Material
Chemical
H? Manufacturer Pgs
1
Gas
LOX, GOX
oxygne gas
Y
Roberts Ox
1
Y Roberts
1
2
Propane
Acetylene
Y Roberts Oxy.
1
3
4
dry ice
Carbon Dioxide
Y Roberts Oxy.
1
5
Argon, LAR
Y Roberts Oxy.
1
1
Metals
StainlessSteel alloy= Fe, C, Mn
Y Earle Jorgen
1
P, S, Si, Cr, Ni, Se,
Cb, Ta, Cu, Mo, Al, Ti
Galvin. coat
lead
Y S. Galviniz.
1
2
on steel prod
3
Metabo
Abrasive Wheel
Y Metabo Corp.
2
4
Shielded metal
Fe, Mn, K silicate,
Y Hobart Bros
1
arc welding
Na silicate, oxides
mild steel
of Ti and Mg
5
Aluminum/alloy
alloy= Al, Co, Cu,
Y Earle Jorgen
1
Fe, Pb, Mg, Mn, Si
Sn, Zn
1
Welding
Anti-Borax #2
N Anti-Borax
1
brazing flux
2
Resin bonded
N Unit Abrasiv
2
gringing wheel
3
asphalt impreg petroleum solvent
Y Meadows
2
veg. fib board
Page 10
WINCHESTER HOMES - MSD SHEEETS
No.
Subcontractor
Material
Chemical
H? Manufacturer Pgs
1
Masonry
Acetylene
Y Union Carbid
3
2
Acrylic Latex
Y
Thoro
System
3
Brick/Concrete
Y AGCA
2
4
Calcium Chloride
Y
AGCA
2
5
Portland
Y AGCA
2
cement
6
Diesel fuel
Y
AGCA
2
7
Epoxy Curing Agent
Y
Mobil Chemic
2
8
127 Epoxy Resin
Y
Reichhold Ch
2
9
137 Epoxy Resin
Y Reichhold Ch
2
10
Anti-freeze
ethylene Glycol
Y AGCA
2
11
37-620 Resin H
Y
Reichhold
2
12
Ca Chloride & Inhibi
Y
Euclid
2
13
Asphaltic board
Y
WR Meadows
2
14
leaded Gas
Y
AGCA
2
15
Gas
Petroleum Hydrocarbo
Y
Exxon Co.
3
16
C-5 insul
Solvent Petroleum,
Y
Macco Adhes
2
adhesive
Hydrocarbon, methanol
17
lime
Calcium Oxide
Y
AGCA
2
18
methane
Y AGCA
2
19
Petroleum Hydrocarbo
Y
Autoline Lub
2
20
HC1
Y
2
21
Acrylic Paint
Y
Cook-David-
5
22
After Blast sh
Y
Mobil Chem.
2
primrd53-R-101
23
Paint 58-F-23
Y Mobil Chem.
2
24
Paint 58-D-95
Y Mobil Chem.
2
25
Paint 58-F-14
Y Mobil Chem.
2
26
12-F-15 Coatin
Y Mobil Chem.
2
27
39-J-96 Coatin
Y Mobil Chem.
2
28
53-R-8 Primer
Y Mobil Chem.
2
29
59-R-90 Paint
Y Mobil Chem.
2
30
Duracryl Thin
Y
PPG Industr
2
31
Polyethylene
Y
Monsanto Co.
2
32
LP-gas
Propane
Y
2
33
Masonry sand
Free silica
Y Genstar Ston
2
34
Styrofoam
Y
Dow Chem. US
2
35
600 Detergent
Y
ProSoCo, Inc
2
36
Vana Trol
Y
ProSoCo. Inc
2
OSHA DOCKET NO. H-022D
COMMENTS OF CONSTRUCTION INDUSTRY
HAZARD COMMUNICATION COALITION
ATTACHMENT 2
Carver Tripp
Polyurethane Liquid Plastic
Satin Finish
7038
For wood SUI faces that receive heavy use. table tops. bar tops lloors. doors. or almost any Interior of extend wood surface
liquid Plastic will protect new. unlimished. stained or previously varished wood Do not use DV01 shellac or lacquors High quality
Tripp
polyurethane resists marring and sculling 11 also protects against most household chemicals. delergents of alcohol
Carver Tipp Polyurnthane 1 iquid lastic can be applied over most types of variesh or other ands of polyurethane Before
Preparation: Surface should be dry and hen from was pease and dirl Do not apply over shellac. lacquer or wa red finishes
Application: STIR CONTENTS. DO NOT SHAKE. For best results use at 60 F and 80 Γ Apply out of direct sunlight and allow 3
application over old finishes, said thoroughly with line sandpaper kx a good bond Besine aloa and SUN face are dust bee
to Ghours between coals Sand between coals. Allow final coal to dry overnight before using Clean brushes 01 other tools with
memoral spirits
Coverage: Varies between 40 to 50 sq 11 per hall plut Two costs minimum are recommended Three coals are desired for
Polyurethane
Warranty: Carver Tripp products are sale and effective when used as directed Always test on a small area As manufacture
maximum protection
cannot control methods or conditions of application, no warranty or liability beyond replacement of delective product IS offered
Liquid
CAUTION: Contains Petroleum Distillate. Keep away from heat, sparks and flame. To
avoid breathing vapors of spray mist, open windows and doors or use other means to en-
sure fresh air entry during application and drying. If you experience eye watering,
headaches or dizziness, Increase fresh air or wear respiratory protection (NIOSH/MSHA
Plastic
TC 23C or equivalent) or leave the area. Close con-
tainer after each use. Avoid contact with skin.
FIRST AID: II swallowed do not Induce vomiting. Call
physician Immediately. Use With Adequate Venilla-
tion. NOTICE: Reports have associated repeated and
Satin Finish
prolonged occupational exposure to solvents with
permanent brain and nervous system damage. Inten-
DANGER! COMBUSTIBLE HARMFUL OR
tional misuse by deliberately concentrating and in-
haling the contents may be harmful or fatal.
FATAL IF SWALLOWED. See other cautions on back panel
KEEP OUT OF REACH OF CHILDREN.
1.87
Parks Corporation, Somerset, MA 02726 7651 SA187
0
75955"70380
1
ONE HALF PINT (8FL. OZ.) 240 ML.
SA1286
MATERIAL SAFETY DATA SHEET
PARKS
(Approved by U.S. Department of Labor "Essentlatly Similar" to Form LSB-005-4)
Section IT
MANUFACTURER'S NAME
CHEMICAL
NAME
&
SYNONYMS
V.A. (Mixture)
CHEMICAL FAMILY Urethane Resin.
PARKS CORPORATION
Alipharic Hydrocarbon
STREET ADDRESS
TRADE NAME
P.O. BOX 5
Carver Tripp LIQUID PLASTIC
Satin
Finish
CITY. STATE AND ZIP CODE
FORMULAS
SOMERSET, MASS. 02726
VA (Mixture)
EMERGENCY TELEPHONE NO.
(617) 679-5938
Revised 7/16/87
Section HAZAROOUS INGREDIENTS
PAINTS. PRESERVATIVES. a SOLVENTS
PPM
TLV
TLV
%
PROMENTS
(Linean)
SOLVENTS
P.E.L.
%
(Unita)
N.A.
Mineral Spirits
100
53
500
(Paint Thinner)
CATALYST
CAS No. 64741-41-9
N.A.
VEHICLE
N.A.
ADDITIVES & OTHERS
N.A.
HAZARDOUS MIXTURES OF OTHER LIQUIDS. 3OLIOS, OR GASES
TLV
(Units)
N.A.
Section PHYSICAL DATA
30ILING FOINT (*F)
Range
310-411°F
SPECIFIC GRAVITY (M₂O . 11
0.90
VAPOR PRESSURE (mm MR)
PERCENT, VOLATELE
0.3-5 mm Hg
BY VOLUME (%)
60
VAPOR DENSITY (AIR 1)
EVAPORATION RATE
Heavier
(Sther' "
Slower
SOLUBILITY IN WATER
Negligible
APPEARANCE AND ODOR
Clear translucent thin liquid. mild odor. amber color
Section IV - AREAND EXPLOSION HAZARD ПАТА
PLASH POINT (METHOD.USED)
PLANMABLE LIMITS
Les
-
101°F, T.C.C.
0.8
6
EXTINGLISHING MEDIA
Carbon Dioxide, dry chemical, foam or water fog.
SPECIAL FIRE FIGHTING PROCEDURES A straight water stream would spread hydrocarbon fires. Closed
containers may be cooled with water. Avoid breathing vapors. Use fresh air respirators.
UNUSUAL FIRE AND EXPLOSION HAZARDS Combustible liquid. A vapor accumulation would flash and/or ex-
plode if ignited. Closed containers may explode if subjected to extreme heat. Soaked
rags subject to spontaneous combustion.
Section V- HEALTH HAZARD DATA
THRESHOLD LIMIT VALUE
See Section II
EFFECTS OF OVEREXPOSURE
Excessive Inhalation - Causes impaired coordination, respiratory irritation, dizziness.
weakness and nausea.
Causes EYE Irritation, drying of SKIN.
Systemic Effect: Respiratory tract irritation. Central nervous system depression in
high concentrations.
CONTINUED ON PAGE 2
PAGE 1
EMPREMENCY AND FRST AID PROCEDURES
Eye Contact: Wash immediately with a gentle stream of waser_for_15 minutes. Seek
medical help.
Skin Contact: Wash with mild soap and water. Seek medical attention.
Inhalation: Remove to fresh air. Apply artificial respiration. If breathing stops.
seek immediate medical attention.
Ingestion: Do not induce vomiting. Call a physician immediately.
Section VE - REACTIVITY OATA
STABILITY
UNSTABLE
CONDITIONS TO AVOID
STABLE
Avoid neat, sparks, ...ame and other sources SL
X
ignition
INCOMPATABILITY - Aven)
Avoid strong oxidizing agents.
HAZARDOUS DECOMPOSITION PRODUCTS
Carbon Monoxide, Carbon Dioxide and possibly Acrolein and Oxides of Nitrogen may yield
when thermally decomposed.
MAY OCCUR
CONDITIONS TO AVOID
HAZARDOUS
POLYMERIZATION
WILL NOT OCCUR
X
Strong oxidizing agents.
Section VIF - SPILL OR LEAK PROCEDURES
STEPS TO BE TAKEN IN CASE MATERIAL a RELEASED OR SPILLED
Extinguish sources of ignition. Ventilate to prevent build-up of vapors. Large spills
can be taken with inert materials such as sawdust, sand, earth, clay and shovelled into
containers for disposal. Prevent run-off to sewers, streams and or other bodies of
water. Small amounts of spilled material may be absorbed into an appropriate absorbent.
WASTE DISPOSAL METHOD
Discard in sealed metal container in accordance with local regulations. Soak clean-up
rags in water to avoid spontaneous combustion.
Section VIII - SPECIAL PROTECTION INFORMATION
RESPIRATORY PROTECTION (Specife Type)
TC-23C-75 Use air supplied respirator for work in confined spaces.
VENTILATION
LOCAL EXHAUST
Yes
SPECIAL
N.A.
MECHANICAL (Generat)
Yes
OTHER
Adequate Ventilation
PROTECTIVE GLOVES
EYE PROTECTION
If needed to avoid skin contact.
Goggles or safety glasses - avoid eye contact.
OTHER PROTECTIVE SQUIPMENT
Eye bath and safety shower. Rubber shoes or boots, coveralls and/or rubber apron.
Section IX- SPECIAL PRECAUTIONS
PRECAUTIONS TO BE TAKEN IN MANDLING AND STORING keep container closed and upright when not in use. 9 not transfer = an:
unmarked container. Read all warning labels. Store in cool, well-ventilated area away from heat or flame.
OTHER PRECAUTIONS Keep out of reach of children. Soaked rags subject to spontaneous combus-
tion. If ingested do not induce vomiting. Call a physician immediately.
PAGE 2
Car ver Tripp Clear Varnish
Satin Finish
7014
An easy to apply Clear Finish for normal wearing Interior wood urlaces-doors, cabinets,
furniture and panelling. Can be used with most other varnishes or polyurethanes. Do not use
over shellac or lacquer
Preparation: Surface should be dry and free from wax, grease and dirt. Do not apply over
shellac, lacquer or waxed finishes. Carver Tripp Polyurethane Liquid Plastic can be applied over
most types of varnish or other brands of polyurethane. Before application over old linishes,
sand thoroughly with fine sandpaper for a good bond. Be sure area and face are dust free.
Application: STIR CONTENTS, DO NOT SHAKE. Proper application tools are important. For
best results, use at temperature between 60°F and 80°F. Apply out of direct sunlight. You can
recoal in 3-6 hours. Sand lightly between coats. Allow at least 16 hours after application of final
coat before exposing to heavy use or wear Two or three coats will provide a good finish for most
Tripp
applications. Clean brushes or other tools with brush cleaner or mineral spirits.
Coverage: Varies with surface porosity. 100 to 200 sq. II. per quart is normal.
Warranty: Car ver Tripp products are sale and effective when used as directed. Always test on
a small area. As manufacturer cannot control methods or conditions of application, no warranty
or liability beyond replacement of defective product is offered
CAUTION: Contains Petroleum Distillate. Keep away from heat,
sparks and flame. To avoid breathing vapors or spray mist, open win-
dows and doors or use other means to ensure fresh air entry during ap-
plication and drying. If you experience eye watering, headaches or diz-
Premium
ziness, Increase fresh air or wear respiratory protection (NIOSH/MSHA
TC 23C or equivalent) or leave the area. Close container after each use.
Avoid contact with skin.
FIRST AID: If swallowed do not Induce vomiting.
Clear
Call physician Immediately.
Use With Adequate Ventilation. NOTICE: Reports
have associated repeated and prolonged occupa-
tional exposure to solvents with permanent brain
and nervous system damage. Intentional misuse by
Varnish
deliberately concèntrating and Inhallng the con-
tents may be harmful or fatal.
0 7595570140
KEEP OUT OF REACH OF CHILDREN.
Parks Corporation, Somerset, MA 02726 7624 SA187
Satin Finish
ANGER! COMBUSTIBLE
OR FATAL IF SWALLOWED
fulions on back panel. 7623 SA1286 SGI
QUART (32 FL. OZ.) .95 LITER
MATERIAL SAFETY DATA SHEET
PARKS
(Approved by us Department of Later "Eseantletly Simier' to Form LSB-003-4).
Section II
CHEMICAL NAME & SYNONTMS
MANUFACTURER'S NAME
N.A. (Mixture)
CHEMICAL FAMILY Urethane Alkya.
PARKS CORPORATION
Alinharic Hzdrocarbon
STREET ADDRESS
TRADE NAME Carver Tripp
P.O. BOX 5
luser lloss Premium Slear Varnich
FORMOLAS
CITY. STATE AND DP CODE
SOMERSET. MASS. 02726
V.A. (Mixture)
EMERGENCY TELEPHONE NO.
(617) 679-5938
Revised 7/16/87
Section - HAZARDOUS INGREDIENTS
PAINTS. PRESERVATIVES. à SOLVENTS
TLV
TLV
(Unita)
SOLVENTS
PEL
(Unite)
PROMENTS
N.A.
Mineral Spirits
100
61
500
(Paint Thinner)
CAS NO: 64741-41-9
CATALYST
N.A.
VEHICLE
N.A.
ADDITIVES & OTHERS
N.A.
TLV
MAZARDOUS MIXTURES OF OTHER L'QUIDS. SOLIDS. OR GASES
(Unite)
N.A.
Section
III
PHYSICAL DATA
JOILING POINT (*F)
Range
316-411'F
SPECIFIC GRAVITY (M₂O-1)
0.88
VAPOR PRESSURE (mm reg.)
PERCENT. VOLATILE
1-5
BY VOLUME (%)
58
VAPOR CENSITY (AIR 1)
EVAPORATION RATE
Heavier
Ether "1)
Slower
SOLUMILITY IN WATER
Negligible
APPEARANCE AND ODOR
Clear thin liquid. mild odor. amber color
Section IV - AREAND EXPLOSION HAZARD DATA
FLASH POINT (METHOD USED)
PLANMABLE LIMITS
La
!
101°F T.C.C.
0.8
6
EXTINGUISHING MEDIA
Carbon Dioxide. Dry Chemical, Foam or Water Fog.
SPECIAL FIRE FIGHTING PROCEDURES
A straight water stream would spread hydrocarbon fires. Closed containers may be cooled
with water. Avoid breathing vapors. Use fresh air respirators.
UNUSUAL FIRE-AND EXPLOSION HAZARDS Combustible liquid. A vapor accumulation would flash and/or
explode if ignited. Closed containers may explode if subjected to extreme heat. Soaked
1988 subject to suontaneous combustion.
Section V - HEALTH HAZARD DATA
THRESHOLD LIMIT VALUE
See Section II
EFFECTS OF OVEREXPOSURE
Excessive Inhalation - Causes impaired coordination, respiratory irritation, dizziness,
weakness and nausea.
Causes EYE Irritation, drying of SKIN.
Systemic Effect: Respiratory tract irritation. Central nervous system depression in
high concentrations.
CONTINUED ON PAGE 2
PAGE 1
EMERGENCY AND FRET AD PROCEDURES
Eye Contact: Wash immediately with a gentle stream of water for 15 minutes. Send
medical help.
Skin Contact: Wash with mild soap and water. Seek medical attention.
Inhalation: Remove to fresh air. Apply artificial respiration. If breathing stops, seek
immediate medical attention.
Ingestion: Do not induce vomiting. Call a physician immediately.
Section VI. - REACTIVITY DATA
STABILITY
UNITABLE
CONDITIONS TO AVOID
Avoid heat. sparks. flame and other sources of
STABLE
X
ignition.
INCOMPATABILITY - AVEN)
Avoid SECOND oxidizing agents. Strong acids. bases and selected amines.
HAZARDOUS DECOMPOSITION PRODUCTS
Carbon Monoxide, Carbon Dioxide and possibly Acrolein and Oxides of Nitrogen may yield
when thermally decomposed.
MAY OCCUR
CONDITIONS TO AVOID
HAZARDOUS
POLYMERIZATION
WELL NOT OCCUR
X
Strong oxidizing agents
Section VIE SPILL am LEAK PROCEDURES
STEPS TO BE TAKEN as CASE MATERIAL IS RELEASED OR SPILLED
Extinguish sources of ignition. Ventilate to prevent buildup of vapors. Large spills
can be taken with inert materials such as sawdust, sand, earth, clay and shovelled into
containers for disposal. Prevent run-off to sewers, streams and or other bodies of water.
Small amounts of spilled material may be absorbed into an appropriate absorbent.
WASTE DISPOSAL METHOD
Discard in sealed metal container in accordance with local regulations. Soak clean -=
rags in water to avoid spontaneous combustion.
Section VIII - SPECIAL PROTECTION INFORMATION
RESPIRATORY PROTECTION
51-257-21
(Specife use all Type) supplied respirator for work in confined spaces.
VENTILATION
LOCAL EXHAUST
SPECIAL
Yes
N.A.
MICHANICAL (General)
OTHER
Yes
Adequate Ventilation
PROTECTIVE GLOVES
EYE PROTECTION
If needed to avoid skin contact.
Goggles or saftey assesses - avoid eye contact.
OTHER PROTECTIVE EQUIPMENT
Eye bath and safety shower. Rubber shoes or boots, coveralls and/or rubber apron.
Section IX - SPECIAL PRECAUTIONS
PRECAUTIONS TO BE TAKEN IN HANDLING AND STORING Keep container closed and upright when not in use. Do not transfer to
an unmarked container. Read all warning labels. Store in cool, well-ventilated area away from heat or :lame
OTHER PRECAUTIONS
Keep out of reach of children. Soaked rags subject to spontaneous combustion. If
ingested, do not induce vomiting. Call a physician immediately.
PAGE 2
NOBODY RGHTS RUST LIKE RUST-DLEUM
RUST
Bust Provention
Chip and Past Resistance
@vistanding Color and
Bruch Strobes
USES:
Rest-Dioum
PROTECTIVE
COATINGS
provide
excellent
The
I
-
8
Primer
first.
Rest-Olown
PROTECTIVE
I
SURFACE
RUST-GLEUM
Havily Rested Metal
7700°
I
[
Rest-Diewn
I
I
Dear Lightly Rested or Painted Metal
Class Motal
Gelvanized Metal or Aluminure
Galvanized Motal
DIRECTIONS
the nates temperature aplatter. is above 50°F (18 a and Immidity b below 06% to
Remove
I
net
and
feesa
paint
with
0
-
brack
or
1
rinse,
and
in
5
completely.
This meterial, only il necessary, with Phest-Oleum THINKER/CLEANER
this
-
more
then
5%.
Do
not
thin
with
gasaline,
locquer
I
Apply
point
with
a
1
I
brush,
refler
a
spray
pm.
#
using
broob
a
proper coverage and the smoothest finish. If ming 0
protection, receat after 24 hours:
60% Relative Humidity: Dries to touch in 2-4 hours, to handle is
Date back, refer and other utensils with Rust-Diown
May be used on children's toys, furniture, etc.
CONTAINS PETROLEUM DISTILLATES. Keep away from heat, sparts
PROTECTI
apen windows and dears or use other meass to ensure fresh air entry
superiunce eye watering, headaches or dizziness, Incruase Fresh air
Law employery protection BUOSH/MSHA TC 23C or aquivalent). "
the area. Class container after each wes. Avoid contact with shin.
I point gots is eyes, Ruch with water and call a physician
NOT take internally. KEEP OUT OF REACH OF CHILDREN.
50.1%
1
We stand behind - products. If, for
3738
LEATHER
any 100300, you are diesaticlied with
89%
4.5%
a Pust-Dloum product, planse contact
1.4%
our Consumer Relations Department.
CAUTION!
49.9%
RUST-OLEUM
COMBUSTIBLE
CORPORATION
II Newthern Play . theream - a -
See Procentions On Back Panel.
01988 Rest- - Corporation
Made And Prated b U.S.A.
MATERIAL SAFETY DATA SHEETS
For Coatings, Resins and Related Materials
SECTION I
MANUFACTURER:
Rust-Oleum Corporation
ADDRESS:
11 Hawthorn Parkway Vemon Hills, IL 60061
EMERGENCY AND
INFORMATION TELEPHONE:
(312) 367-7700 (8:00 a.m. - 5:00 p.m. COT)
EMERGENCY TELEPHONE:
(312) 854-8200 (After Business Hours and on Weekends)
PRODUCT CLASS: Alkyd Resin - High Gloss Enamel
PRODUCT CLASS: Alkyd Resin - Semigloss Enamel
MFG. CODE NO.: 7424, 7434, 7443. 7448. 7458. 7465.
MFG. CODE NO.: 7746, 7758. 7759, 7768, 7777. 7784,
7715, 7722, 7726, 7727, 7734, 7736.
7791 and 7794
7738. 7743. 7745, 7765. 7770. 7771,
TRADE NAME: Topcoats - Brush Goods
7775 7779. 7786 and 7792
DATE OF PREPARATION: October 1. 1987 (MJS)
TRADENAME: Topcoats - Brush Goods
DATE OF PREPARATION: October 1, 1987 (MJS)
SECTION II - HAZARDOUS INGREDIENTS
SECTION II - HAZARDOUS INGREDIENTS
SIGNEDIENTICAS Ma.
WL -
ACCEN-TLV
OSNA-PEL
Magrac
SIGNEDIDITICAS No.
Wt.
ACCEN-TLY
OSMA-PEL
LEL
Me:
y
1.5%
28
Minoral Spring/8052-41-3
30-4546°
100mgm
5000pm
1.0%
2.0
Minoral
1000pm
100mgm
1.500
:
TREASUM
0-20%*
10mg/m
15mg
NA
NA
14b
180mgm
Thermom Disc:de/13163-67=7
e-zone
10mg/ms
15mg/m
NA
NA
(Ae Numbress Duet)
(As Numbrise Cust
"Nearset 546
/
Found
in
7718
I
NE
-
Net
Established
MA
Net
Applicable
"Nearest -
ME Net Established
NA Not Applicable
SECTION III - PHYSICAL DATA
SECTION III - PHYSICAL DATA
Beiling Range: 307-389°F (153-196°C)
Vapor
Density:
heavier
lighter than air
Beiling Range: 307-389°F (153-196°C)
Vapar Density: heavier
Lighter than
Evaporation Rate: tenner slower
% Valatile: 50-00% Wt/Gal- 7.5-9.0 -
Evaporation Rets: taster slower
% Volatile: 50-8300 Wt./Gai.: $ 3-10.7
(Ether - 1)
(by ver.)
pit: NA
(Ether - 1)
(by VOL)
pM: NA
SECTION IV - FIRE AND EXPLOSION HAZARD DATA
SECTION IV - FIRE AND EXPLOSION HAZARD DATA
Plammability Classification: CEMA Class . Communits Liquid Flashpoint: 184°F (TCC)
Flammobility Classification: CGHA Class . Communities Lieud Flashpeint: 104°F (T
to
Classification: Consumer Community CRM-D
DOT Cissalfication: Consumer Community CRM-O
L
guishing Media: NEPA Class S Estinguations (carben disnes. any chemical - -
Extinguishing Media: NPPA Class B Eranquahers (cartion discude. dry chemical or mam)
Special Fire-Fighting Precedures: Full protective equipment including self-contained
Special Fire-Fighting Precedures: Full protective equipment including self-contair
breathing apparatus should be used. Water spray may be ineffective. Water may be used
breathing apparatus should be used. Water spray may DO ineffective. Water may DG U.
to cool closed containars to prevent pressure buildup and possible autoignition or explosion.
to COOL closed containers to prevent pressure buildup and possible autoignition or expres.
If wase? is used. log nazzies are preferred.
If water is used. log nezples are preferred.
Unusual Fire and Expiration Mazards: Keep containers tightly closed. Inclate from heat.
Unusual Fire and Explesion Huzards: Kaso containers tightly closed. laclate from A.
electrical equipment, sparks and open flame. Closed containers may explode when
electrical equipment, sparks and open Name Closed containers may explodo W:
exposed to extreme heat. DO NOT apply to not surfaces.
exposed to extreme heat. DO NOT apply to not surfaces.
PRODUCT CLASS: Alkyd Resin - Flat Enamel
PRODUCT CLASS: Alkyd Resin - Primer
MFG. CODE NO.: 7776 and 7791
MFG. CODE NO.: 7769 and 7773
TRADE NAME: Topcoats - Brush Goods
TRADE NAME: Rusty Metal & Clean Metal Primers -
DATE OF PREPARATION: October 1. 1987 (MJS)
Brush Goods
DATE OF PREPARATION: October 1, 1987 (MJS)
SECTION II - HAZARDOUS INGREDIENTS
SECTION II - HAZARDOUS INGREDIENTS
SIGREDIENT/CAS Mr.
W. %
ACGIN-TLY
CSHA-PEL
y
- Mae200
SIGNEDENT/CAS No.
me % -
ACGIN-TLV
OSMA-PEL
LEL
- Mg=
Minoral
some
100mgm
SCDoom
1.00
20
Minoral
20-40%
1000pm
500mgm
,
2.0
15mgm
NA
NA
Zine Chromsier 13630-35-9**
1
105mg
improve
NA
MA
0
10mg/m
(As Number Dues
(ACCIN-TLV - enrome and OSHA-PEL - a and and entrame)
*Mareal 9%
ME Not Established
NA Not Applicable
"Nearmet on
**ingredient in TTTS only.
NE Not Established
NA - Applic.
SECTION III - PHYSICAL DATA
SECTION III - PHYSICAL DATA
Beiling Range: 307-389°F (153-198°C)
Vaper Density: heavier
lighter
then
air
Beiting Range: 307-389°F (153-198°C)
Vaper Density: heavier
lighter than
Evaporation Rate: taster slower
% Velatile: 51-630 WL/Gat.: 11.1-113 -
Evaporation Rate: faster slower
- Velatile: 57-30%
Wt./Gai.: 10"11
(Ether - 1)
(by vel.)
prt: NA
(Ether - 1)
(by vot.)
pri: NA
SECTION IV - FIRE AND EXPLOSION HAZARD DATA
SECTION IV - FIRE AND EXPLOSION HAZARD DATA
--mmability Classification: OSHA Class a Combusities Liquid Flashpeint: 184°F (TOC)
Flammability Classification: OSNA Class I Communito Liquid Pashpoint: 104°F 5
Classification: Consumer Community CRM-D
DOT Classification: Consumer Community CRM-O
Estinguishing Media: NFPA Class B Estinguations (aartmen - - or -
Extinguishing Media: NFPA Class I Exerguehers (carben desate. any chemical . foom)
Special Fire-Fighting Precedures: Full protective equipment insluding self-centained
Special Fire-Fighting Procedures: Full protective equipment including serf-contal
breathing apparatus should be used. Water spray may be ineffective. Water may be used
breathing apparatus should be used. Water spray may be instructive Water may be
- asci closed containers to prevent pressure buildup and possible autoignition or expiration.
to - closed containers to prevent pressure buildup and possible autoignition or expire
W water is used. log nezzles are preferred.
of water is used. log nezzles are preferred.
Unusual Fire and Explesion Hazarde: Keep containers tightly closed. lastate from heat,
Unuaual Fire and Explosion Mazards: Keep containers tightly closed Isolate from
electrical equipment, sparks and open flame. Closed containers may explede when
electrical equipment, sparks and open filame. Closed containers may explode -
to extreme neet DO NOT apply to not surfaces.
exposed to extrame heat. DO NOT apply to not surfaces.
- - PS
SECTION V - HEALTH HAZARD DATA
Effects of Overexposure:
Acute (Inhalation): Harmful if inhaled. May affect the brain or nervous system, causing dizziness, headache
or nausea. Repeated overexposures may progressively lead to staggering gait, confusion, unconsciousness
or coma. Causes nose and throat irritation.
Acute (Skin or Eye Contact): Causes skin and eye irritation which can lead to dermititis with repeated
overexposures.
Ingestion: Gastrointestinal irritation, nausea, vomiting and diarrhea.
Chronic: Reports have shown repeated and prolonged occupational overexposure to solvents with per-
manent brain and nervous system damage. NTP and IARC consider zinc chromate a probable animal car-
cinogen through injection studies. The greatest risk to humans is through spray application. Follow recom-
mendations for proper respiratory protection. Overexposure to Xylol in lab animals has shown liver ab-
normalities, kidney, lung. spleen and eye damage as well as anemia. Effects in humans have shown liver
and cardiac abnormalities.
Emergency and First Aid Procedures:
Inhalation: Remove from exposure, restore breathing and notify a physician.
Eye Contact: Flush immediately with large amounts of water for at least 15 minutes. Notify a physician.
Skin Contact: Wash affected area with soap and water, remove contaminated clothing and wash
before reuse.
Ingestion: DO NOT induce vomiting. Keep person warm, quiet and get medical attention. Aspiration of
this material into the lungs can cause chemical pneumonitis which can be fatal.
SECTION VI - REACTIVITY DATA
Stability: Unstable Stable
Incompatible: With Strong Oxidizing Agents
Hazardous Decomposition Products: By Open Flame - Carbon Monoxide and Carbon Dioxide
Hazardous Polymerization: Will Not Occur
SECTION VII - SPILL OR LEAK PROCEDURES
Release or Spill Procedures: Remove all sources of ignition, ventilate area and remove with inert absorbent
and nonsparking tools.
Waste Disposal Method: Dispose of according to local, state and federal regulations. DO NOT incinerate
closed containers.
SECTION VIII SPECIAL PROTECTION INFORMATION
Respiratory Protection: Use NIOSH approved chemical cartridge respirator (TC23C) to remove solid air-
borne particles of overspray and organic vapors during spray application. In Confined Areas: Use NIOSH
approved supplied-air respirators or hoods (TC19C).
Eye Protection: Use safety eyewear designed to protect against splash of liquids.
Other Protective Equipment: Use impervious gloves and/or clothing to prevent skin contact.
Ventilation: Provide general dilution or local exhaust ventilation in volume and pattern to keep TLV of haz-
ardous ingredients below acceptable limits.
SECTION IX - SPECIAL PRECAUTIONS
Handling and and Storage Precautions: Do not store above 120°F. Store large quantities in buildings designed
protected for storage of NFPA Class II Combustible liquids. Containers should be grounded when pouring.
Galvanized Metal or Aluminum
Galvanized Metal Primer
Automobiles
Aust-Oleum Auto Primers
UST-OLEU
maximum not prevention and I smooth, durable finish, topcost with a Plust-Oleum PROTECTIVE
BETTING READY: Use outdoors, or in a well
motion, slightly overlapping each streke.
vertilated area, when temperature is above 50°F
the can the same distance from the surface
110% and humidity is below 05% to ensure
in motion while spraying. Apply two
drying. Avoid spraying in very windy of
coats # few minutes apart.
STOPS
dusly conditions. Covel nearby objects to pre-
from spray mist.
DRYING: At 11°F 125°C) - 50%
Humidity: Dries to touch in 1 - 2
PREPARING THE SURFACE: Remove loose rust
handle in 2 - 4 hours, and is fully
RUST®
leese point with a wire brush or sandpaper.
24 hours.
Lightly sand glossy surfaces: Clean with saap
water, time, and let dry completely.
CLEANING UP: Clear spray valve try turning
BRAND
upside down and spraying until no more
PRIMING: Shake well for at least one minute
comes out. If spray valve clogs, remove
after mixing balls begin to rattle. Shake often
button and rinse in a solvent such as mineral
during use. Line up Brrow on spray button with
its. DO NOT stick a pin or other object into
mark M can. Hold can upright 12° to 18" from
stem. Throw away empty can in trash
surface, Spray, using a steady back-and-forth
DO NOT burn or place in home trash
NONLEADED - May be used on children's tays, furniture, etc.
CLEAN METAL
CAUTIO N: CONTAINS TOLUOL AND XYLOL. Keep away from heat, sparks and
PRIMER
Name, including pilot lights and cigarettes. Avoid overexposure to vapora. To
breathing vapors or spray mist, орая windows and doors or use other means
basure frush air entry during application and drying. II you experience eye water
ing, headaches or dizziness, increase fresh air or wear respiratory protaction
(NIOSH/MSHA TC 23C or equivalent), or leave the area. Close container after such
use. Avoid contact with skin. DO NOT puncture or incinerate.
FIRST AID: If sprayed in eyes, flush with water and call B physician immediately
DO NOT take internally.
NOTICE: Intentional misuse by deliberately concentrating and inhaling the contents
Inhibits Rust On Clean,
may be harmful or fatal. Reports have associated repeated and prolonged вссира
tional overexposure to solvents with penmanent brain and nervous system damage
Lightly Rusted, Or Painted Mett
KEEP OUT OF REACH OF CHILDREN.
DANGEN: EXTREMELY FLAMMABLE CONTENTS
We stand behind our products. II. for
UNDER TRESSURE. VAFOR HARMFUL.
RUST-OLEUM
any reason, you are dissatisfied with a
See Precautions On Back Panel
Rust-Oleum product. please contact
CORPORATION
out Consumer Relations Department.
"
Hawthorn
Phwy.
Vernon
Hills,
a
Net Wt. 12 Oz (340 Grams)
CMP
7779-308
MATERIAL SAFETY DATA SHEETS
For Coatings, Resins and Related Materials
SECTION I
MANUFACTURER:
Rust-Oleum Corporation
ADDRESS:
11 Hawthom Parkway Vernon Hills, IL 60061
EMERGENCY AND
INFORMATION TELEPHONE:
(312) 367-7700 (8:00 a.m. - 5:00 p.m. CDT)
EMERGENCY TELEPHONE:
(312) 864-8200 (After Business Hours and on Weekends)
PRODUCT CLASS: Aerosol
PRODUCT CLASS: Aerosol
MFG. CODE NO.: 7424, 7434. 7443, 7448. 7458. 7466.
MFG. CODE NO.: 2500. 2510. 2515. 7710, 7712, T13,
7701, 7722. 7726. 7727. T734, 7736.
7714, 7715 and 7718
7738. 7743. 7744, 7745. 7765. 7768,
TRADE NAME: Metallic Topcoats
7769. 7770, 7771, 7773. 7775, 7776.
DATE OF PREPARATION: October 5, 1987 (MJS)
7777. 7778. 7779. 7786, 7790. 7791,
7792. 7794, 7881, 7882, 7883, 7884,
7885 and 7886
TRADE NAME: Topcoats. Primers. Machinery and
Implement, Bar-B-Q Black and
Epaxy Enamels
DATE OF PREPARATION: September 30, 1987 (MJS)
SECTION II HAZARDOUS INGREDIENTS
SECTION II - HAZARDOUS INGREDIENTS
SIGREDIENT/CAS No.
WL -
ACGIN-TLY
OSMA-PEL
LEL
- Mec 20C
INGREDIENT/CAS No.
Wt. $
ACCEN-TLV
OSHA-PEL
LEL
- Ma@20C
1
10-25%*
1000pm
1000pm
1.0%
2546°
1000pm
100ccm
1.0%
9.8
0.5
Toluener108-98-3
10000m
20000m
1.2%
220
Totuena/106-98-3
50-60%
10000m
200ccm
1.2%
2.0
15-40%
1.0%
20
30%*
1000ppm
ME
1.5%
5000am
A20818
540'
10000m
3%
NE
10000m
1.0%
4.0
(Propane, Butane, Issurance)
198
200ccm
200cum
21%
15.0
25%*
1000ppm
NE
1
-
(Propane. Sutane.
Teamum
0-1596
10mg/m
15mg/m
NA
NA
(As Numanoe Dues
"Meareet 5%
**Ingrationt - 7778 Ser-8-0 Steet: enly.
***Ingrationt to 7779 Black only.
"Mourest -
**Ingrediant in 7713 enly.
ME New Established
NA New Amplicable
"Ingrament in 7773 Clean Metal Primer contry.
NE
Net
Established
KA
Net
Applicable
SECTION III PHYSICAL DATA
SECTION III - PHYSICAL DATA
Boiling Range: Selow 0°F
Vaper Cignalty: heavier lighter than air
Bolling Range: Below 0°F
Vapor Density: heavier lighter man air
- Rate (Ether - 1): faster slower % Velatile (by vol.): NA WL/Gal: NA
Evaperation Rate (Ether - 1): faster slower
% Volatile (by vot.): NA
Wt.
Gal.:
NA
pet: NA
DM: NA
CTION IV - FIRE AND EXPLOSION HAZARD DATA
SECTION IV FIRE AND EXPLOSION HAZARD DATA
Flammability Classification: Extremely Flammable
Flashpoint: Below 0°F (TCC)
Flammability Classification: Extremely Flammable
Flashpoint: Below 0.0 (TCC)
DOT Classification: Consumer Commodity ORM-D
DOT Classification: Consumer Commodity ORM-D
Extinguishing Media: NFPA Class 6 Extinguishers (carbon dioxide, dry chemical or foam)
Extinguishing Media: NFPA Class a Extinguishers (carbon dioxide, dry chemical or toam)
Special Fire-Fighting Procedures: Full protective equipment including self-contained
Special Fire-Fighting Procedures: Full protective equipment including self-contained
breathing apparatus should be used. Water spray may be ineffective. Water may be used
breathing apparatus should be used. Water spray may De ineffective. Water may be used
to cool closed containers to prevent pressure buildup and possible autoignition or expirsion.
to cool closed containers to prevent pressure buidup and possible autoignition or explosion.
If water is used. fog nozzles are preferred.
If water is used. leg nozzies are preferred.
Unusual Fire and Explosion Hazards: Keep containers tightly closed. Inclate from heat.
Unusual Fire and Expiration Hazards: Keep containers tightly closed. Isolate from heat.
electrical equipment. sparks and open flame. Closed containers may explode when
electrical equipment, sparks and open flame. Closed containers may exploing when
exposed to extreme heat. DO NOT apply to not surfaces.
exposed to extreme heat. DO NOT apply to not aurtaces.
PRODUCT CLASS: Aerosol
PRODUCT CLASS: Aerosol
MFG. CODE NO.: 2564, 2578; 2579, 2590 and 2592
MFG. CODE NO.: 7785
TRADE NAME: Speedy Dry Topcoats
TRADE NAME: ZINC-SELE® Cold Galvanizing
DATE OF PREPARATION: September 30, 1987 (MJS)
Compound
DATE OF PREPARATION: October 5, 1987 (MJS)
SECTION II - HAZARDOUS INGREDIENTS
SECTION = - HAZARDOUS INGREDIENTS
INGREDIENT/CAS No.
WE -
ACGRI-TLV
OSHA-PEL
LEL
- HEGISC
SIGREDENT/CAS No.
WE -
ACGIN-TLV
CENA-PEL
F
- Mg@20C
Xylow1330-20-7
10000m
1000cm
1.0%
=
Xyiov1330-20-7
-
10000m
1000cm
1.0%
10-20%*
05
19-25%*
1000pm
2000cm
1.2%
220
Toluener108-98-3
2546
10000m
2000cm
1.2%
2.0
VMLP
9-1096
3000pm
5000pm
5
20
Mineral Soints/8052-41-3
2%
1000pm
$0000m
1.0%
20
1546"
10000pm
NE
1.8%
Ethytone Glyces Butyl
320ml
Ether/111-76-2
1 50
25cm
900mm
1.1%
:
(Presens. Butane, insurance)
Xytot/1330-20-7
18-20%*
10000m
10000m
1.0%
9.5
Metriyt Ethys Ketone/78-93-3
& 3%
200ccm
200ccm
2.0%
70.0
20%*
1000ppm
NE
1.8%
-
(Propane. Butane. instructions)
TRANKUM
0-15%*
15mg/m
15mg/m
NA
NA
(As Numanos Duet)
"Narrow -
ME Not Established
NA Net Applicable
"Meareat 5%
NE that Established
MA Not Appensable
SECTION III PHYSICAL DATA
SECTION III PHYSICAL DATA
Seiling Range: Below 0°F
Vapor Density: havier lighter than or
Beiling Range: Below 0°F
Vaper Density: heavier Fighter than are
Evaporation Rate (Ether - 1F factor slower % Volatile (by voi.): NA Wt/Gat.: NA
Evaporation Rate (Ether - 1): faster slower
s
Voletile
(by
vol.):
NA
Wt. Ual.:
NA
prt: NA
pri: NA
TION IV FIRE AND EXPLOSION HAZARD DATA
SECTION IV FIRE AND EXPLOSION HAZARD DATA
sebility Cisasification: Extremely Rammable
Flashpeint: Below 0°F (TCC)
Flammability Classification: Extremely Flammable
Flashpoint: Below 0°F (TCC)
Classification: Consumer Commodity ORM-D
DOT Classification: Consumer Commodity ORM-D
Extinguishing Media: NFPA Class 5 Extinguishers (carbon dioxide, dry chemical or foam)
Extinguishing Media: NFPA Class B Extinguishers (carbon dioxide, dry chemical or toam)
Special Fire-Fighting Procedures: Full protective equipment including self-contained
Special Fire-Fighting Procedures: Full protective equipment including self-contained
breathing apparatus should be used. Water spray may be ineffective. Water may be used
breathing apparatus should be used. Water spray may be ineffective. Water may be used
to cool closed containers to prevent pressure buildup and possible autoignition or expiration.
to cool closed containers to prevent pressure buildup and possible autoignition or explosion.
If water is used. log nozzies are preferred.
If water . used. log nozzies are preferred.
Unusual Fire and Explosion Mazards Keep containers tightly closed laclate from heat.
Unusual Fire and Explosion Hazards: Keep containers tightly closed isclate From nest.
SECTION V - HEALTH HAZARD DATA
Effects of Overexposure:
Acute (Inhalation): Harmful if inhaled. May affect the brain or nervous system, causing dizziness. unconsciousness headache
or nausea. Repeated overexposures may progressively lead to staggering gait, confusion,
or coma. Causes nose and throat irritation.
Acute (Skin or Eye Contact): Causes skin and eye irritation which can lead to dermititis with repeated
overexposures.
Ingestion: Gastrointestinal irritation, nausea, vomiting and diarrhea.
manent brain and nervous system damage. Overexposure to Xylol and Toluene in lab animals have has shown shown
Chronic: Reports have shown repeated and prolonged occupational overexposure to solvents with per-
liver abnormalities, kidney, lung, spleen and eye damage as well as anemia. Effects in humans
liver and cardiac abnormalities. Overexposure to Ethylene Glycol Butyl Ether has shown blood abnormalities
in lab animals.
Emergency and First Aid Procedures:
Inhalation: Remove from exposure, restore breathing and notify a physician.
Eye Contact: Flush immediately with large amounts of water for at least 15 minutes. Notify a physician.
Skin Contact: Wash affected area with soap and water, remove contaminated clothing-and wash
before reuse.
Ingestion: DO NOT induce vomiting. Keep person warm, quiet and get medical attention. Aspiration of
this material into the lungs can cause chemical pneumonitis which can be fatal.
SECTION VI - REACTIVITY DATA
Stability: Unstable Stable
Incompatible: With Strong Oxidizing Agents
Hazardous Decomposition Products: By Open Flame Carbon Monoxide and Carbon Dioxide
Hazardous Polymerization: Will Not Occur
SECTION VII - SPILL OR LEAK PROCEDURES
Release or Spill Procedures: Remove all sources of ignition, ventilate area and remove with inert absorbent
and nonsparking tools.
Waste Disposal Method: Dispose of according to local, state and federal regulations. DO NOT incinerate
containers.
SECTION VIII - SPECIAL PROTECTION INFORMATION
Respiratory Protection: Use NIOSH approved chemical cartridge respirator (TC23C) to remove solid NIOSH air-
borne particles of overspray and organic vapors during spray application. In Confined Areas: Use
approved supplied-air respirators or hoods (TC19C).
Eye Protection: Use safety eyewear designed to protect against splash of liquids.
Other Protective Equipment: Use impervious gloves and/or clothing to prevent prolonged skin contact.
Ventilation: Provide general dilution or local exhaust ventilation in volume and pattern to keep TLV of haz-
ardous ingredients below acceptable limits.
SECTION IX - - SPECIAL PRECAUTIONS
Handling and Storage Precautions: Do not store above 120°F. DO NOT puncture containers.
Other Precautions: Intentional misuse by deliberately concentrating and inhaling the contents can be
harmful or fatal.
ENI EXTREMELY FLAMMABLE. KEEP AWAY FROM HEAT. SPARKS. FLAME
OTHER SOURCES OF IGNITION. VAPORS MAY CAUSE FLASH FIRE on
PLOSIVELY. Do not smoke. Extinguish all flames and pilot lights. and turn
For use with fiberglass,
heaters, electric motors and all other sources of ignition during use and
Klean-
polyester, epoxy resins
vapors are gone. Beware al static electricity that may be generated by synth
Strip
and adhesives.
thing and other sources.
Quality Assured
never possible. use outdoors in an open air area. Do not use in areas
pors can accumulate and concentrate such as basements. bathrooms or
losed areas. USE ONLY WITH ADEQUATE VENTIL ATION . to prevent
vapors. Open all windows and doors. Use only wit. a cross ventilation of
air across the work area. If strong odor is noticed or you experience
miness, headache. nausea or eye-watering - STOP - ventilation;
dequate. Leave area immediately.
Harmful If swallowed. Vapor harmful. Eye irritant. Contains Acetoni
ports have associated repeated and prolonged overexposure to solvents
urological and other physiological damage. For further information, refer in
cetone
aterial Safety Data Sheet.
ml take internally. Avoid prolonged or repeated breathing of vapors or spray mist. Av
dact with eyes or prolonged contact with skin. Prolonged contact with skin may
tation. Rinse off skin after use. Close container after eachuse. Do not reuse this conts
OSHA controlled work place and other regular users . Use only will adequate venti
engineered air control systems designed to prevent exceeding appropriate TLV.
asional use, where engineered air control is not feasible. use properly maintained
imperty litted NIOSH approved respirator for solvent vasurs A dust mask does not
relection against vapors.
Special-purpose
MOT AID of IF SWALLOWED. call your poison control center, hospital emerge
com or physician immediately for Instructions. IN CASE OF EYE CONTAC
unediately flush with water for at least 15 minutes. Get medical attention. &
thinner, cleaner
KEEP OUT OF REACH OF CHILDREN
Un-Strip Acetone 100% pure.
and remover.
his strong. fast-acting solvent is a thinner and remover for specific
teatings, including polyester and epoxy resins. ink, adhesives and contact
Klean-Strip coment. Acetone is an effective cleanup solvent after the completion
Evaporates quickly.
berglass project, for removal of excess fiberglass resin or foreign materia
Tem solvent-tolerant surfaces.
Use only as specified by the coating. adhesive, or hobby product
unufacturer.
pertant Do not use as a general-purpose cleaner.
Acetone may soften or damage plastics, synthelics. and many other
mishes. Use only where specified, and test an inconspicuous area before
application.
DANGER! EXTREMELY FLAMMABLE.
NON-PHOTOCHEMICALLY REACTIVE
MAX V OC. . 780 grams per liter
HARMFUL IF SWALLOWED. VAPOR HARMFUL.
MAX Vapor Pressure - 266mm Hg at 20°C
W
M.
Barr.
EYE IRRITANT Read other cautions on back panel.
Strip Div. W.M. Barr, Inc. Memphls. TN 38101-1979
32 FL. OZ. 11 OT.) .946 LITER
MATERIAL SAFETY D_A_I_A SHEET
ANUFACTURER: KLEAN-STRIP, DIVISION OF
DATE PREPARED: 10/01/85
W.M. BARR & COMPANY
2105 CHANNEL AVENUE
P.O. BOX 1879
MEMPHIS, TENNESSEE
TELEPHONE NUMBER: (901) 775-0100
-
-
JEAN MELTON
LOWE'S COMPANIES
P. O. BOX 1111
I_NORTH WILKESBORO, NC 28656_1
SECTION I - PRODUCI IDENTIFICATION
FORMULA NUMBER: 1640
PRODUCT NUMBER: AC-18
PRODUCT NAME : ACETONE KLEAN STRIP
PRODUCT CLASS : SOLVENT-THINNER
SECTION II - HAZARDOUS INGREDIENTS
CAS#
PERC
OCCUPATIONAL
VAPOR
INGREDIENT
WT EXPOSURE LIMITS PRESSURE
ILV
E'EL
MM
@C
1. ACETONE
67-64-1
<100
750 PPm 1000ppm 182
20
STEL for acetone is 1000 PPM. N10SH
commends a 10 hour exposure
.imit of 250 PPM for acetone.
SECTION III - PHYSICAL DAIA
BOILING RANGE: 133 F
VAPOR DENSITY: Heavier Than Air.
EVAPORATION RATE: Slower Than Ether.
% VOLATILE: 100.0
LBS/Gal :
6.57C
SECTION IV - - EIRE AND EXPLOSION HAZARD DATA
FI_AMMABILITY CLASS: OSHA-Class IB
FLASH POINT: OF Seta
LEL: 2.6
DOT-Flammable Liquid.
c/c
EXTINGUISHING MEDIA: Use Carbon Dioxide, Dry Powder or Foam.
UNUSUAL FIRE AND EXPLOSION HAZARDS: Keep container tightly closed. Isolate from
heat, electrical equipment, sparks, open flames and hot surfaces.
SPECIAL FIREFIGHTING PROCEDURES: Self-contained respiratory protection should be
provided for firefighters fighting fires in buildings or confined areas. Storage
containers exposed to fire should be kept cool with water spray to prevent
pressure build-up.
SECTION y - HEALTH HAZARD DATA
PRIMARY ROUTES OF ENTRY: Inhalation _X_ Ingestion X Dermal X
EFFECTS OF OVEREXFOSURE SHORT TERM EFFECTS:
INHALATION - May cause irritation of respiratory tract, headache, dizziness,
nausea and unconsciousness+ Intentional misuse of this product by deliberately
concentrating and inhaling can be harmful
fatal.
INGESTION - Not determined.
:IN CONTACT - May cause drying of skin.
EYE CONTACT - May cause eye damage.
EFFECTS OF OVEREXPOSURE - LONG TERM EFFECTS:
Prolonged or repeated contact may cause dermatitis. Reports have associated
repeated and prolonged overexposure to solvents with neurological and other
physiological damage.
MEDICAL CONDITIONS PRONE TO AGGRAVATION BY OVEREXPOSURE: None recognized.
EMERGENCY AND FIRST AID PROCEDURES:
INHALATION - If user experiences breathing difficulty, move to air free of
vapors. Administer oxygen or artificial respiration until medical assistance can
be rendered.
INGESTION - Call your hospital emergency room, poison control center or
physician immediately for instructions.
SKIN CONTACT - Wash with soap and large quantities of water and seek medical
attention If irritation from contact persists.
EYE CONTACT - Flush with large quantities of water for at least 15 minutes and
seek immediate medical attention.
SECTION VI - REACTIVITY DAIA
STABILITY: Stable.
HAZARDOUS POLYMERIZATION: Will not occur.
\ZARDOUS DECOMPOSITION PRODUCTS: None recognized.
COMPATIBILITY (MATERIAL TO AVOID): Strong oxidizing agents.
SECTION VII - SPILL AND LEAK PROCEDURES
STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED: Avoid breathing
vapors. Ventilate area. Flush large spills of material into suitable retaining
area or containers with large quantities of water. Small spills can be absorbed
by appropriate inert absorbent.
WASTE DISPOSAL: Dispose in accordance with applicable local, state and federal
regulations.
SECTION VIII - SPECIAL PROTECTION INFORMATION
RESPIRATORY PROTECTION: For OSHA controlled work place, use only with adequate
ventilation under engineered air control systems designed to provide maximum
appropriate TLV. For occasional use where engineered air control is not
feasible, use NIOSH approved respirators. For occasional consumer use, use only
with adequate ventilation.
VENTILATION: Adequate ventilation must be provided. See respiratory protection
above.
PROTECTIVE GLOVES: Use impermeable gloves to prevent skin irritation.
= PROTECTION: Safety glasses, chemical goggles and/or face shields are
recommended to safeguard against potential eye contact, irritation or injury.
ITHER PROTECTIVE EQUIPMENT: Varying application methods can dictate use of
additional protective safety equipment, such as impermeable aprons, etc.
HYGIENIC PRACTICES: Wash hands thoroughly after use.
SECTION IX - SEECIAL ERECAUTIONS
.ECAUTIONS TO BE TAKEN IN HANDLING AND STORAGE: Do not store near flames or at
elevated temperatures.
OTHER PRECAUTIONS: Read carefully all cautions and directions on product label
before use. Since empty container retains residue, follow all label warnings
even after container is empty. Dispose of empty container according to local
regulations.
NOTE: THE INFORMATION CONTAINED HEREIN IS FURNISHED WITHOUT WARRANTY OF ANY
KIND. EMPLOYERS SHOULD USE THIS INFORMATION ONLY AS A SUPPLEMENT TO OTHER
INFORMATION GATHERED BY THEM AND MUST MAKE INDEPENDENT DETERMINATION OF
SUITABILITY AND COMPLETENESS OF INFORMATION FROM ALL SOURCES TO ASSURE PROPER
USE OF THESE MATERIALS AND THE SAFETY AND HEALTH OF EMPLOYEES. ANY USE OF THIS
DATA AND INFORMATION MUST BE DETERMINED BY THE USER TO BE IN ACCORDANCE WITH
APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
00000000000000
Klean-
100% pure, non-staining
formula
COMBUSTIBLE. KEEP AWAY FROM HEAT, SPARKS, FLAME AND ALL
Strip
Quality Assured
CES
OF
IGNITION.
ONLY WITH ADEQUATE VENTILATION - to prevent buildup of
odor is noticed or you experience slight dizziness, headache,
Pwatering - STOP - ventilation is Inadequate. Leave area Imme
Odorless
Harmful or fatal " swallowed. Contains Petroleum Distillate:
oclated repeated and prolonged overexposure to solvents with neuro
physiological damage. For further information, refer to the Materia
Mineral
Sheet.
1503
take Internally. Avoid prolonged or repeated breathing of vapors or spray
with eyes or prolonged contact with skin. Prolonged contact with skin
nation. Rines off skin after use. Close container after e: huse. Do not reuse this
OSHA controlled work place and other regular users Use only with adequate
engineered air control systems designed to prevent exceeding appropriate
lonal use, where engineered air control is not feasible, use property
Spirits
fitted NIOSH approved respirator for solvent vapora. A dust mask does
action against vapora.
AID . IF SWALLOWED, do not Induce vomiting. Call your polson control
that emergency room or physician immediately IN CASE OF EYE
mediately flush with water for at least 15 minutes. If iritation
attention
KEEP OUT OF REACH OF CHILDREN
Premium grade.
Strip Oderless Mineral Spirits
Thins paint.
pure, the
Strip Odorless Mineral Spirits is an excellent cleaner and degr
most wood and metal surfaces to remove a buildup of fingerp
Cleans wood, metal.
heral Spirits thins oil based paint and varnish, and can be
Hoping wood to clean the surface before the application of a new
low the surface to dry before applying a new finish.)
low the paint product manufacturer's instructions for the proper
Mineral Spirits required; do not use more than recommended.
dectively cleans brushes and equipment Immediately after use
onger they are allowed to set, the harder they are to clean. Clean bru
equipment Immediately after use to keep them In their best con
DANGER!
rtant
HARMFUL OR FATAL IF SWALLOWED. COMBUSTIBLE.
not use as a thinner for water based paint, latex coatings, lacque
beliac
Read other cautions on back panel.
NON PHOTOCHEMICALLY REACTIVE
32 FL OZ. 11 QT.) .946 LITER
MAX V.O.C. 765 grams per liter
MAX Vapor Pressure - 2mm Hg at 20°C.
Diy. W. M. Barr. Inc. Memphis, TN 38101-1879
1987 W.M.
MATERIAL SAFETY D_A_I_A SHEE
MANUFACTURER: KLEAN-STRIP, DIVISION OF
DATE PREPARED: 10/01/85
W.M. BARR & COMPANY
2105 CHANNEL AVENUE
P.O. BOX 1879
MEMPHIS, TENNESSEE
TELEPHONE NUMBER: (901) 775-0100
I
JEAN MELTON
LOWE'S COMPANIES
F. O. .BOX 1111
I NORTH WILKESBORO, NC 28656_ I
SECTION I - PRODUCI IDENTIFICATION
FORMULA NUMBER: 1631*1
PRODUCT NUMBER: MS-44
PRODUCT NAME : MINERAL SPIRITS KLEAN STRIP
PRODUCT CLASS : THINNER-SOLVENT
SECTION II - HAZARDOUS INGREDIENTS
CAS#
PERC
OCCUPATIONAL
VAPOR
INGREDIENT
WT
EXPOSURE LIMITS
PRESSURE
ILV
E'EL
IMM
@C
1. MINERAL SPIRITS
NONE
<100
100 PPm I 500 PPM 3
20
SECTION III - PHYSICAL DAIA
JILING RANGE: 316 THRU 360 F
VAPOR DENSITY: Heavier Than Air.
EVAPORATION RATE: Slower Than Ether.
% VOLATILE: 100.0
LBS/Gal :
6.38(
SECTION IV - EIRE AND EXPLOSION HAZARD DAIA
FLAMMABILITY CLASS: OSHA-Class II
FLASH POINT: 107F TCC LEL: N.E.
DOT-Combustible Liquid.
EXTINGUISHING MEDIA: Use Carbon Dioxide, Dry Powder or Foam.
UNUSUAL FIRE AND EXPLOSION HAZARDS: Keep container tightly closed. Isolate from
heat, electrical equipment, sparks, open flames and hot surfaces.
SPECIAL FIREFIGHTING PROCEDURES: Self-contained respiratory protection should b
provided for firefighters fighting fires in buildings or confined areas. Storag
containers exposed to fire should be kept cool with water spray to prevent
pressure build-up.
SECTION U - HEALTH HAZARD DAIA
PRIMARY ROUTES OF ENTRY: Inhalation X Ingestion X Dermal X
EFFECTS OF OVEREXPOSURE - SHORT TERM EFFECTS:
INHALATION - May cause dizziness, headache, nausea and watering of eyes. Severe
nverexposure may cause unconsciousness and death.
GESTION - May be harmful or fatal if ingested.
SKIN CONTACT - Not determined.
EYE CONTACT - May cause irritation.
EFFECTS OF OVEREXPOSURE - LONG TERM EFFECTS:
May cause skin Irritation on prolonged 01 repeated contact. Reports have
.sociated repeated and prolonged overexposure to solvents with neurological and
other physiological damage.
MEDICAL CONDITIONS PRONE TO AGGRAVATION BY OVEREXPOSURE: None recognized.
EMERGENCY AND FIRST AID PROCEDURES:
INHALATION - If user experiences breathing difficulty, move to air free of
vapors. Administer oxygen or artificial respiration until medical assistance can
be rendered.
INGESTION - DO NOT induce vomiting. Call your poison control center, hospital
emergency room or physician immediately.
EYE CONTACT - Flush with large quantities of water for at least 15 minutes. If
irritation from contact persists, get medical attention.
SECTION VI - REACTIVITY DAIA
STABILITY: Stable.
HAZARDOUS FOLYMERIZATION: WiLL not occur.
HAZARDOUS DECOMPOSITION PRODUCTS: Carbon monoxide and carbon dioxide.
INCOMPATIBILITY (MATERIAL TO AVOID): Strong oxidizing agents.
SECTION VII - SPILL AND LEAK PROCEDURES
STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED: Avoid breathing
vapors. Ventilate area. Flush large spills of material into suitable retaining
ea or containers with large quantities of water. Small spills can be absorbed
by appropriate inert absorbent.
WASTE DISPOSAL: Dispose in accordance with applicable local, state and federal
regulations.
SECTION VIII - SEECIAL PROTECTION INFORMATION
RESPIRATORY PROTECTION: For OSHA controlled work place, use only with adequate
ventilation under engineered air control systems designed to provide maximum
appropriate TLV. For occasional use where engineered air control is not
feasible, use NIOSH approved respirators. For occasional consumer use, use only
with adequate ventilation.
VENTILATION: Adequate ventilation must be provided. See respiratory protection
above.
PROTECTIVE GLOVES: Use impermeable gloves to prevent skin irritation.
EYE PROTECTION: Safety glasses, chemical goggles and/or face shields are
recommended to safeguard against potential eye contact, irritation 01- injury.
OTHER PROTECTIVE EQUIPMENT: Varying application methods can dictate use of
additional protective safety equipment, such as impermeable aprons, etc.
HYGIENIC PRACTICES: Wash hands thoroughly after use.
SECTION IX - SPECIAL ERECAUTIONS
PRECAUTIONS TO BE TAKEN IN HANDLING AND STORAGE: Do not store near flames 01- at
elevated temperatures.
OTHER PRECAUTIONS: Read carefully all cautions and directions on product label
before use. Since empty container retains residue, follow all label warnings
even after container is empty. Dispose of empty container according to local
egulations.
TE: THE INFORMATION CONTAINED HEREIN IS FURNISHED WITHOUT WARRANTY OF ANY
KIND. EMPLOYERS SHOULD USE THIS INFORMATION ONLY AS A SUPPLEMENT TO OTHER
INFORMATION GATHERED BY THEM AND MUST MAKE INDEPENDENT DETERMINATION OF
SUITABILITY AND COMPLETENESS OF INFORMATION FROM ALL SOURCES TO ASSURE PROPER
USE OF THESE MATERIALS AND THE SAFETY AND HEALTH OF EMPLOYEES. ANY USE OF THIS
DATA AND INFORMATION MUST BE DETERMINED BY THE USER TO BE IN ACCORDANCE WITH
APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
00000000000000
Cleans brushes and tools
Klean-
HEAT SPARKS
Quality Assured
Strip
of
Do
bath
lurpentine
Steam
to
Distilled
breathing
of
Prolonged
each use.
Do
and
régular
users
Use
only
with
control systems designed to prevent exceeding appropriate
litted NIOSH "where engineered air bontrol is not feasible, use property
approved
respirator
for
solvent
vacors.
A
dust
Pure Spirits.
against
vapora
IF SWALL do not Induce vomiting. Call your poison control
tal emergency room or physician Immediately. IN CASE OF EYE CONTAC
Thins oil-based
Eately flush with water for at least 15 minutes. Get medical
KEEP OUT OF REACH OF CHILDREN
Strip Steam Distilled Turpentine
paint and varnish.
pure spirits.
Strip Steam Distilled Turpentine Is an excellent thinner for oll bai
varnish, enamel. and stain. Follow the paint product manufacture
pctions for the required amount: do not use more than recommer
pentine is also a very good cleaner for brushes Sand equipm
rediately after use
the longer they are allowed to set, the harder
to clean. Clean brushes and equipment Immediately after use to
In their best condition.
tant
DANGER! FLAMMABLE.
not use as a general-purpose cleaner.
IARMFUL OR FATAL-IF SWALLOWED. EYE IRRITANT.
not use as a thinner for water based paint, latex coatings, lacque
Read other cautions on back panel.
Mac, or epoxy.
PHOTOCHEMICALLY REACTIVE
32 FL. OZ. 11 QT.) .946 LITER
MAX V O.C. 854 grams per liter
MAX Vapor Pressure 4mm Hg at 20°C
Strip
Div. W.M. Barr, Inc. Memphis, TN 38101-1879
1987 W.M. Bart,
EFFECTS OF OVEREXPOSURE - LONG TERM EFFECTS:
May cause skin Irritation on prolonged or repeated contact. Reports have
sociated repeated and prolonged overexposure to solvents with neurological and
other physiological damage.
MEDICAL CONDITIONS PRONE TO AGGRAVATION BY OVEREXPOSURE: None recognized.
EMERGENCY AND FIRST AID PROCEDURES:
INHALATION - If user experiences breathing difficulty, move to air free of
vapors. Administer oxygen or artificial respiration until medical assistance can
be rendered.
INGESTION - DO NOT induce vomiting. Call your poison control center, hospital
emergency room or physician immediately.
SKIN CONTACT - Wash with soap and water.
EYE CONTACT - Flush with large quantities of water for at least 15 minutes and
seek immediate medical attention.
SECTION VI - REACTIVITY DATA
STABILITY: Stable.
HAZARDOUS FOLYMERIZATION WILL not occur.
HAZARDOUS DECOMPOSITION PRODUCTS: None recognized.
INCOMPATIBILITY (MATERIAL TO AVOID): Strong oxidizing agents.
SECTION VII - SPILL AND LEAK PROCEDURES
STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED: Avoid breathing
pors. Ventilate area. Flush large spills of material into suitable retaining
wrea or containers with large quantities of water. Small spills can be absorbed
14 appropriate inert absorbent.
WASTE DISPOSAL: Dispose in accordance with applicable Local, state and federal
regulations.
SECTION VIII - SPECIAL PROTECTION INFORMATION
RESPIRATORY PROTECTION: For OSHA controlled work place, use only with adequate
ventilation under engineered air control systems designed to provide maximum
appropriate TLV. For occasional use where engineered air control is not
feasible, use NIOSH approved respirators. For occasional consumer use, use only
with adequate ventilation.
VENTILATION: Adequate ventilation must be provided. See respiratory protection
above.
PROTECTIVE GLOVES: Use impermeable gloves to prevent skin irritation.
EYE PROTECTION: Safety glasses, chemical goggles and/or face shields are
recommended to safeguard against potential eye contact, irritation or injury.
OTHER PROTECTIVE EQUIPMENT: Varying application methods can dictate use of
additional protective safety equipment, such as impermeable aprons, etc.
'GIENIC PRACTICES: Wash hands thoroughly after use.
SECTION IX - SEECIAL PRECAUTIONS
PRECAUTIONS TO BE TAKEN IN HANDLING AND STORAGE: Do not store near flames or at
MATERIAL SAFETY DATA SHEET
ANUFACTURER: KLEAN-STRIP, DIVISION OF
DATE PREPARED: 10/01/85
W.M. BARR & COMPANY
2105 CHANNEL AVENUE
P.O. BOX 1879
MEMPHIS, TENNESSEE
TELEPHONE NUMBER: (901) 775-0100
JEAN MELTON
LOWE'S COMPANIES
P. O. BOX 1111
1_NORTH WILKESBORO, NC 28656_1
SECTION I - PRODUCI IDENTIFICATION
FORMULA NUMBER: 1665
PRODUCT NUMBER: SD-81
PRODUCT NAME : STEAM DIST TURPENTINE KLEAN STRIP
PRODUCT CLASS : SOLVENT-THINNER
SECTION II - HAZARDOUS INGREDIENTS
INGREDIENT
CAS#
PERC
OCCUPATIONAL
VAPOR
WT
EXPOSURE LIMITS
PRESSURE
TLU
F'EL
LMM
BC
1. TURPENTINE
8006-64-21 <100
100 PPM I 100 PPM I 4
20
SECTION III - PHYSICAL DAIA
DILING RANGE: 313 THRU 338 F
VAPOR DENSITY: Heavier Than Air.
EVAPORATION RATE: Slower Than Ether.
% VOLATILE: 99.4
LBS/Gal :
7.122
SECTION IV - EIRE AND EXPI OSION HAZARD DAIA
FLAMMABILITY CLASS: OSHA-Class IC
FLASH POINT: 91F
LEL: 0.8
DOT-Flammable Liquid.
EXTINGUISHING MEDIA: Use Carbon Dioxide, Dry Powder or Foam.
UNUSUAL FIRE AND EXPLOSION HAZARDS: Keep container tightly closed. Isolate from
heat, electrical equipment, sparks, open flames and hot surfaces.
SPECIAL FIREFIGHTING PROCEDURES: Self-contained respiratory protection should bs
provided for firefighters fighting fires in buildings or confined areas. Storage
containers exposed to fire should be kept cool with water spray to prevent
pressure build-up.
SECTION y - HEALTH HAZARD DATA
PRIMARY ROUTES OF ENTRY: Inhalation X Ingestion X Dermal X
EFFECTS OF OVEREXPOSURE - SHORT TERM EFFECTS:
INHALATION - May cause dizziness, headache, nausea and watering of eyes. Severe
overexposure may cause unconsciousness and death.
GESTION - May be harmful or fatal if ingested.
SKIN CONTACT : - None expected.
EYE CONTACT May cause irritation.
elevated temperatures.
OTHER PRECAUTIONS: Read carefully all cautions and directions on product label
before use. Since empty container retains residue, follow all label warnings
even after container is empty. Dispose of empty container according to local
regulations.
NOTE: THE INFORMATION CONTAINED HEREIN IS FURNISHED WITHOUT WARRANTY OF ANY
KIND. EMPLOYERS SHOULD USE THIS INFORMATION ONLY AS A SUPPLEMENT TO OTHER
INFORMATION GATHERED BY THEM AND MUST MAKE INDEPENDENT DETERMINATION OF
SUITABILITY AND COMPLETENESS OF INFORMATION FROM ALL SOURCES TO ASSURE PROPER
USE OF THESE MATERIALS AND THE SAFETY AND HEALTH OF EMPLOYEES. ANY USE OF THIS
DATA AND INFORMATION MUST BE DETERMINED BY THE USER TO BE IN ACCORDANCE WITH
APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
00000000000000
ANGER: EXTREMELY FLAMMABLE . VAPORS HARMFUL
SAVOGRAN
KEEP AWAY FROM SPARKS. HEAT AND FLAMES
STRVPEEZE OUTDOORS, If possible. И you must use H Indoors, OPEN ALL WIND
OUTSIDE DOORS, use only with moving fresh air cross-ventilation over the world
across floor., VAPORS flow along floors, under doors and may IGNITE EXPLOS
Strypeeze®
NOTiuse or store STAYPEEZE in basements or other unventilated areas.
IOKE. BEFORE USE: SHUT OFF ELECTRICITY to all outlets, switches, fana,
stoves, heaters and appliances. TURN OFF ALL flames, pliot lights and
alters on staves, evens, water heaters, furnaces, etc. 00 NOT restore power
unes until all vapors (odors) are gone. Vapors contacting flame or hot surface
taxic polsonous gas and destroy metals
USE ONLY WITH ADEQUATE VENTILATION
paint & varnish
NOT BE MADE NON POISONOUS: Contains: ACETONE, TOLUOL METHANOL
LEUM DISTILLATES and METHYLENE CHLORIDE which has been shown to
incer in certain laboratory animals. Risk to your health depends on level and dura
posure. Reports have associated repeated or prolonged occupational overaxpo
remover
ivents with permanent brain and nervous system damage. Intentional misuse by
rately concentrating and Inhaling contents may be harmful or fatal (See Material
ata Sheet Avoid contact with skin and eyes and avoid breathing vapor. If odor is
notice dizziness, headache or ayewatering STOP leave area immediately.)
BST AID: FIF SWALLOWED Give 1 or 2 glasses of water and Immediately call
Hospital Emergency Room or Poison Control Center for way to Induce vomiting
CONTACT Immediately flood with water for at least 15 minutes and call
Wash thoroughly. If Irritation continues see Physician.
OUT OF REACH OF CHILDREN CLOSE CONTAINERS AFTER
NEVER STORE IN UNLABLED CONTAINERS
TM
IRECTIONS: Store in cool place. BEFORE USE, read all information on container.
pright or horizontal surfaces. WORK OUTDOORS in shade If you work Indoors,
ventilated area (see warnings above). Protect eyes with goggles, wear heavy
semi-paste
oprene gloves. Protect skin from splashes. Shake sealed container well cover
to prevent spraying and open slowly to relieve pressure.
Brush on thick cost of remover in one direction only. Allow Strypeere to work
better cling
nutes or more. Scrape test to be sure finish is softened to base. If not, wait a few
ger or reapply remover and retest. Thick finishes may need more applications
Remove studge with wooden scraper. Use a stiff brush or coarse rags to thorou
wash off residue with Savogran Deglosser, paint thinner or a water solution of TSP
POISON!
futy cleaner. The water wash method also removes most stains, but water will raise
DANGER EXTREMELY FLAMMABLE. MAY BE
an and may loosen glue joints and veneers.
Before refinishing lightly sand dry surface. If sandpaper clogs or gums, surface
FATAL OR CAUSE BLINDNESS
Surface must be clean and dry before refinishing or new finish may not
Best working temperature between 70° 90°F. If you have any questions, call
IF SWALLOWED. VAPOR HARMFUL
114-226-9872 or 617-782-5400
SKIN AND EYE IRRITANT
SAVOGRAN
THE SAVOGRAN CO.
Read Other Cautions and HEAL TH HAZARD INFORMATION
NORWOOD, MASS. 02062
on Back Panel
1 U.S. QUART 0.946 LITER
DATA FOR HAZARDS INFORMATION LABEL
Hazard Code
Flammability
4 - Extreme
3
3 . High
Reactivity
SAVOGRAN
2 = Moderate
2
1 - Slight
X
0
Health
0 - Insignificant
P.O. Box 130, Norwood, Mass. 02062
m
Special
Telephone: (617) 762-5400
MATERIAL SAFETY DATA SHEET
TRADE
EFFECTIVE DATE:
NAME:
SAVOGRAN STRYPEEZE SEMI PASTE
June, 1986
CHEMICAL NAME: mixture
C.A.S. No.: none
CLASS: PAINT AND VARNISH REMOVER
DOT SHIPPING Paint Related Material; Hazard Class: Flammable liquid; DOT specific packaging
NAME and
requirments: 173.128; exceptions: 173.118 & 173.128; DOT labeling requirments:
LABELING:
quarts or smaller ORM-D; Gallons or larger: Flammable Liquid; I.D. No: NA 1263
SECTION 2
HAZARDOUS INGREDIENTS
C.A.S. No
Wt %
TLV units
Methylene Chloride
75-09-2
< 20
500 ppm OSHA
100 ppm ACGIH
Methanol
67-56-1
< 30
200 ppm OSHA
Toluol
108-88-3
< 40
200 ppm OSHA
100 ppm ACGIH
Acetone
67-64-1
< 25.
1000 ppm OSHA
Paraffin Wax
8002-74-2
< 5
5 mg/m³ for oil mist
in air ACGIH
SECTION 3
PHYSICAL DATA
Initial Boiling point: 104°F
Specific Gravity: @ 60/60°F: 0.88
Vapor Pressure:
Retarded
Percent Volatile: above 90%
Vapor Density:
Heavier than air
Evaporation Rate: Less than ether
Solubility in water:
Appreciable
Appearance: Thickened, orange
liquid, aromatic odor
SECTION 4
FIRE AND EXPLOSION DATA
FLASH POINT: Initial above 80°F. T.O.C. for fresh material. Material exposed to air
for some time and residues may have much lower flash point.
FLAMMABLE LIMITS: unknown
EXTINGUISHING MEDIA: Water fog, regular foam, carbon dioxide or dry chemical
HAZARDOUS DECOMPOSITION PRODUCTS: May form toxic materials: carbon dioxide, carbon
monoxide, various hydrocarbons, hydrogen chloride, small amounts of phosgene and chlorine.
SPECIAL FIREFIGHTING PROCEDURES: Wear self-contained breathing apparatus with full face
piece operated in pressure-demand or other positive pressure mode. Straight water stream
will spread fire.
UNUSUAL FIRE AND EXPLOSION HAZARDS: Vapors are heavier than air and may travel along the
surface, collect in low areas and may be moved by ventilation and may ignite explosively
at locations far removed from handling location. KEEP AWAY FROM SPARKS AND OPEN FLAMES.
Jse only in explosion proof areas or turn off electricty. DO NOT smoke or permit others
to do so. DO NOT operate electric switches or motors. PREVENT metal objects from
striking other metal objects which may cause sparks. TURN OFF pilot lights, electric
igniters and all other flames. Vapors contacting flame, sparks or hot surfaces may
ignite explosively or product gases which are toxic and are corrosive to metals. DO NOT
use welding or cutting torches on or near containers [empty or full] because product,
including residue, can ignite explosively.
MSDS SAVOGRAN STRYPEEZE SEMI PASTE PAINT REMOVER
Page 4 of 4
2+3 missing
SECTION 8
SPECIAL PROTECTION INFORMATION (continued)
EYE PROTECTION: Chemical goggles or safety glasses with side shield. Eye-wash
stations and safety showers should be readily available. Plastic glasses may be
dissolved by paint removers and other solvents.
OTHER PROTECTIVE EQUIPMENT: No special protective clothing needed: however, wear
long sleeved shirts and long pants to protect skin against splashes and spills.
SECTION 9
SPECIAL PRECAUTIONS
HANDLING AND STORING: Store in cool place, out of hot sun and below 90°F. All
containers are subject to damage in storage and transit. Damaged containers may
start leaking immediately or at a later time. DO NOT store flammable materials
in areas with widely fluctuating temperatures and DO NOT store where vapors may
come in contact with flames, sparks, or heat. Flammable materials should not be
stored in below ground areas that can not be adequately ventilated at floor level.
DO NOT use cutting or welding torches near full or empty containers.
Personnel MUST NOT enter any unventilated areas, tanks or other containers unless
a suitable positive pressure, self contained breathing apparatus with full face
piece and a safety harness are used and an observer is present to render assistance.
NOTE: The observer must not enter the hazardous area at any time.
CLOSED CONTAINERS may explode if exposed to extreme heat. NEVER use internal gas
or air pressure to remove contents from a container.
EMPTIED CONTAINERS: Emptied containers may retain product residues (e.g. vapor
and liquid or solids); therefore, all precautions given in this sheet must be
observed until a container is thoroughly cleaned or destroyed. All containers
must be completely drained, (less than one inch of material in the bottom of
55 gallon container) before disposal. If possible emptied container of 55 gallons
or more should be given to reconditioner for cleaning.
NOTE: Judgement of potential hazards of this mixture is based on information
available about individual components listed under SECTION 2 - HAZARDOUS
INGREDIENTS. Direct testing of mixture has not been done. Flash point has been
tested.
Information given herein is believed to be accurate and is given in good faith;
however, no warranty either expressed or implied is made. It is strongly suggested
that users confirm in advance of need that the information is current and
applicable to their situations.
Prepared
JLG
John Jah John L. Gale
by
Store and Use at temperatures DIRECTIONS between 40°F don't and use. 110°F
Stir or shake before using
Oatey
Square pipe ends and remove all burrs and dirt
2 Check dry lit of pipe and fitting. Pipe should easily go 1/3
the way In. II pipe bottoms. il should
be snug
id primer.
Clean pipe and litting with Purple Primer or an IAPMO Listers. consult data sheet
MEDIUM
CLEAR
5 When solvent welding at temperatures below 40° or above plica of is a natural brislle brush one
When solvent welding pipe over 3 Inches. recommended ap
CEMENT
hall the pipe diameter. I.e. 3 inch brush for 6 Inch pipe
6 Apply thin toal of cement to fitting. avoid puddling inside
1 Apply liberal coal of cement to pipe. leave no void
for pvc
8 Assemble parts QUICKLY! CEMENT Must BE FLUID-i not
Muid. recoal both parts
9 Push pipe FULLY Into fitting using a 1/4 turning motion until
pipe bottoms.
10 Hold pipe and litting together for 30 seconds-wipe oll exce
ss with cloth. Completed joints
plastic pipe & fittings
should not be disturbed until they have cured sufficiently to
withstand handling.
DANGER: EXTREMELY FLAMMABLE
II Keep container closed when not IH use.
HARMFUL OR FATAL IF SWALLOW
12 Do not pressure test until cement Is fully cured
ED VAPOR HARMFUL MAY IRRI-
HAZARDOUS INGREDIENTS: Methyl ethyl ketone. tetrahydroluran.
cyclohexanone. and polyviny chlonde
TATE EYES AND SKIN MAY BE
resin Store IM à cool. dry. well ventilated place Do not use near heat. bt Names. keep container tos
ABSORBED THROUGH SKIN
ed Use with adequate ventilation. Wear Impetvious clothing while handling. Do not smoke. eat or dont
while handling. Wash thoroughly after handling and before ealing.
II swallowed. drink water. 00 NOT INDUCE VOMITING, call a physician of poison control center immediately
Read precaution
on back panel
immediately flush with plenty of water for 15 minutes and seek medical attention If Irritation persists
II inhaled get fresh alt and seek medical attention Il III feelings persist. In case of eye and skirLeontad
6FLOZ
KEEP out OF HEACH OF CHILDA
No
3
Oatey
CLEVELAND
OH
44135
the
30080
CA
94560
DAL
NEWARK.
TX
75050
MATERIAL SAFETY DATA SHEET
DATE OF ISSUE: July 30, 1986
Emergency Phone Number
Section 1. Identity of Material
303/623-5716 COLLECT
Product Name or Number OATEY REGULAR CLEAR PVC SOLVENT CEMENT
Syncrryms: PVC Plastic Pips Cenant
Formula: PVC Rasin in Solvent Solution
Chemical Family PVC Organisol
Regulated
DOT Proper Shipping Name:
CEMENT
Identification
Shipping ID Number:
NA 1133
EPA Hazardous Waste ID Number D-001
Hazardous Ingredients
%
CAS Number
PVC Rasin
10-14
9002-86-2
Tatrahydrofuran
23-33
109-99-9
Machyl Erityl Katone
50-60
078-93-3
Cyclonexanone
4-8
108-94-1
Section 2. Hazard Specifications
ILV, PEL and STEL:
Known Hazards under 29 CFR 1910.1200
THF: TLV-200 ppm, 590 mg/m3
PEL-200 ppa, 590 mg/m3
YES
ON
YES
NO
STEL-250 ppm, 735 mg/m3
Combustible Liquid
X
Skin Hazard
X
CYH: TLV-25 ppm. 100 mg/cr3 (sicin)
P:L-50 FPII, 230 using
Flamable Material
X
Eye Hazard
X
STEL-100 ppm, 400 mg/m3
Pyrophoric Material
X
Toxic Agenc
X
MEK: TLV-200 ppm, 590 mg/m3
PEL-200 ppm, 590 mg/m3
Explosive Material
X
Highly Toxic Agent
X
STEL-300 ppm, 885 mg/m3
Unstable Material
X
Sensitizer
X
NPPA Hazard Signal
Water Reactive Mat.
X
Carcinogen
X
Health
1
Flammability
3
Oridizer
X
Reproductive Toxin
X
Stability
0
Special
NONE
Organic Peroxide
X
Blood Thxin
X
DOT Hazard Class
Flammable Liquid
Corrosive risterial
X
Nervous Sys. Toxin
X
Compressed Gas
X
Lung Toxin
X
EPA Hazard Waste Class
Irritant
X
Liver Toxin
X
Ignitable Waste
Toxic Waste
Kidney Toxin
X
{OATEY REGULAR CLEAR
PVC SOLVENT CEMENT)
Section 3. Health Bazard Data
Effects of Exposure:
ENTRY ROUTE:
Inhale
X
Ingest
X
Skin
X
Eye
X
Inhalarion: May
irritation of buccus membrane, nose & throat, headache, dizziness, names, numbness C
the optroxities and narcosis in high concentrations. Has caused as depression, liver damage
in suimals, & high concentrations have caused retardation of fetal development in rats.
Ingestion: May be aspirated into the lungs or cause systemic effects described under inhalation.
Sidn: Chronic contact may lead to irritation and demacitis. Curonic exposure to vapors of high con-
contration may cause dermatitis. May possibly be absorbed through the sidn.
Eye: Vapors or direct contact may cause irritation.
Section 4. Emergency Response Data
First Aid Measures:
INHALATION - Move to fresh air. If breathing is difficult, give oxygen. If not breathing,
give artificial respiration. Keep victim quiet and WRITE Call a poison control center or
physician immediately. IF dead, bury.
Exposure
SKIN - Flush with water, then wash thoroughly with soap and water. Remove contasinated
cloching and wash before reuse. Call a poison control center or physician if irritation
persists.
EYES - Flush with water for 15 admites and call a poison control center or physician if an
irritation persists.
INGESTION Drink plenty of water. DO NOT INDUCE VOMITING, and call a poison control Ct
or physician immediately. Avoid alcoholic beverages. Never give anything by mouch to a
unconsedous person.
Fire
Special Procedures: For small fires: Use dry chemical, CO2, weter or foam extinquisher.
For large fires: Evacuate area and call Fire Department immediately.
Spills
Steps To Be Taken: Ventilate area, stop leak if it can be - without risk. Take up with
sand, earth or other absorbing material. Dispose of according to local, state & Federal Reg
Section 5. Safe Usage Data
Eyes: Safety Glasses with Side Shields.
Protective
Respiratory: NIOSH-Approved cannister respirator in absence of adequate ventilation.
Equipment
Types
Gloves: Rubber Gloves.
Other: Eye wash and safety shower should be available.
General Mechanical: Exhaust ventilation capable of maintaining emissions at the point of use
Ventilation
below PEL.
Local Exhaust: Open doors & windows. If used in enclosed area, use exhaust fan to remove fund
Handling & Storage: Keep away from heat, sparks and flames; store in a cool, dry place.
Precaucions
Other: Containers, even chose that have been emptied, will recain product residue and
vapors. Handle empty containers as if they were full.
&
CATEY BEGILAR CLEANER CHENT
Section 6. Physical Hazard Data
Flamability
LFL= 1.8
% Volume
Flashpoint:
5- 8°F.
UFL= 11.8
% Volume
Method Used: Tag Closed Cup
Stable
X
Conditions To Avoid: Heat, sparks and open flame.
Stability
Unstable
Hazardous Decrup. Pdts.: Carbon monoxide/carbon dicadde/hydrogen chloride/smoke.
Hazardous
May Occur
Conditions to Avoid:
Polymerization
NONE
Will Not Occur
X
Materials To Avoid:
Incompatibility
Acids, mddizing materials, alkalis, chlorinated inorganies (Potassium,
Calcium, and Sodium Hypochlorite), copper or copper alloys.
Section 7. Physical and Chewical Properties
Boiling Pt:
151 °F
66 °C
Vapor Density (Air 1) 2.5 Volatile Components 88 + 2%
Vapor Press: 145 mmHg @ 20° C
pH: N/A
Sp. Gravity: 0.90 + 0.015
Solubility In H2O Negligible
will Dissolve In:
Evaporation Rate:
TETRAHYDROFURAN
( BUAC =1) 5.5 - 8.0
Appearance:
Clear Liquid
Is Material: Paste
Powder
Odor:
Ether-like.
Solid
(Liquid)
Gas
Section 8. Manufacturer of Supplier Data
Firm Name & Mailing Address:
Name (Print):
Paul E. Naton
Signature:
CATEY CO.
P. O. Box 35906
Water
4700 W. 160th Street
Title:
Corporate Chemist
Cleveland, OH 44135
(216) 267-7100)
Date:
July 30, 1986
Emergency Telephone No.
(303) 623-5716 (Collect)
CAUTION
The Finest
5-Year Warranty
KEEP OUT OF THE
One Coat
REACH OF CHILDREN.
Custom Color
ns and sur
Avoid prolonged
Interior Latex
This supe-
contact with skin or
Semi Gloss Finish
ning the soft
ven the most
breathing of spray mist.
Do not take internally.
Close container after
each use. PROTECT
wallboard or
FROM FREEZING.
interprise
FIRST AID: EYE CON-
I Primer.
dirl from
TACT: Flush thoroughly
th a wire
with water. If Irritation
e with
persists, GET MEDICAL
etal Primer.
ATTENTION. IF
SWALLOWED: Drink
two glasses of water.
illng
his paint. Do
Induce vomiting. GET
ase colorants
MEDICAL ATTENTION
B ENTERPRISE
se paint.
IMMEDIATELY.
uniform
Medical Emergency Telephone
containets of
1-800-228-5635
mediate Tint Base 3111-01 124 Fl. Or (3.007)
CONTAINS LESS THAN
250 g L VOC
aH applicallon
MATERIAL SAFETY DATA SHEET
FOR COATINGS, RESINS, AND RELATED MATERIALS
COMPLIES WITH 29CFR 1910.1200 (THE HAZARD COMMUNICATION STANDARD)
TE OF PREP:
August, 19861
MANUFACTURER'S NAME: Enterprise Paint Company
STREET ADDRESS: 1191 So. Wheeling Road
CITY, STATE, ZIP CODE: Wheeling, IL 60090
INFORMATION TELEPHONE NO.:
EMERGENCY TELEPHONE NN.: 312/541-9000
SECTION 1- I PRODUCT IDENTIFICATION
PRODUCT NAME: One & Only Latex Semi-Gloss White & Tint Base
PRODUCT CLASS: Latex Paint
PRODUCT(S) NUMBER: 3100/3110
SECTION 11 - HAZARDOUS INGREDIENTS
OCCUPATIONAL
VAPOR
¥
EXPOSURE LIMITS
PRESSURE
INGREDIENT
1 CAS-No.
1 WT.
1
PEL
PPM
TLV
ImmHG@68°F
2 Amino-2-Methyl-1-Prooonal
1
124-68-5
1 0.2
1
NE
NF
1 25°
4, 4 Dimethyloazolidine
1 51200-87-4
I 0.13
1 2
9
I "
Ethylene Glycol
1 107-21-1
1 1.60
1
NE
50
1 0.1
1
1
1
mg/m3
I
Titanium Dioxide
1 13463-67-7
1
---
1 15
10
1 NA
aolin
1 1332-58-7
1
1 15
10
1 NA
I
1
I
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
NE = NOT ESTABLISHED
NA = NOT APPLICABLE
NK = NOT KNOWN
SECTION III PHYSICAL DATA
BOILING RANGE: Above 212°F
VAPOR DENSITY:
HEAVIER X LIGHTER THAN AIR
EVAPORATION RATE:
FASTER X SLOWER THAN ETHER
% VOLATILE
WEIGHT PER
BY VOLUME: 63
GALLON: 10.7
SECTION IV - FIRE AND EXPLOSION HAZARD DATA
FLAMMABILITY CLASSIFICATION: OSHA None
DOT: Not regulated
FLASH POINT:
NA
LEL: NA
EXTINGUISHING MEDIA: None required.
UNUSUAL FIRE AND EXPLOSION HAZARDS: Closed containers may explode (due to build-up of steam
pressure) when exposed to extreme heat.
SPECIAL FIREFIGHTING PROCEDURES: Water may be used to cool containers to prevent pressure
build-up and possible explosion when exposed to extreme heat.
SECTION V - HEALTH HAZARD DATA
PERMISSIBLE EXPOSURE LEVEL - See Section 11
SHOLD LIMIT VALUE
- See Section 11
EFFECTS OF OVEREXPOSURE: Skin contact: Possible primary irritation.
Eye Contact: Primary irritation.
Ingestion: Can cause gastrointestinal irritation, nausea, vamiting and diarrhea.
MEDICAL CONDITIONS PRONE TO AGGRAVATION BY EXPOSURE: Dermatitis
PRIMARY ROUTE(S) OF ENTRY: x DERMAL
INHALATION
X INGESTION
EMERGENCY AND FIRST AID PROCEDURES: Splash (eyes): Flush Immediately with copious
quantities of running water for at least 15 minutes. Get medical attention immediately.
Splash (skin): Wash affected areas with soap and water. Ingestion: Give two glasses of
mouth to an unconscious person. Get medical attention Immediately.
water. Induce vamiting by placing finger in back of throat. Never give anything by
Remove contaminated clothing and shoes.
SECTION VI - REACTIVITY DATA
STABILITY:
UNSTABLE
X STABLE
HAZARDOUS POLYMERIZATION:
MAY OCCUR
X WILL NOT OCCUR
HAZARDOUS compounds. DECOMPOSITION PRODUCTS: Carbon monoxide, carbon dioxide, various hydrocarbon
CONDITIONS TO AVOID: High temperatures.
INCOMPATIBILITY (MATERIALS TO AVOID): Strong oxidizing agents (e.g., nitric acid,
sermanganates, etc.
SECTION VII - SPILL OR LEAK PROCEDURES
STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED: Contain and remove with inert
sorbent rags or sand.
WASTE DISPOSAL METHOD: Dispose In accordance with local, State and Federal regulations.
Use licensed waste disposal company.
SECTION VIII - SAFE HANDLING AND USE INFORMATION
RESPIRATORY PROTECTION: None needed unless applied by spraying. Then, use a NIOSH
approved respirator.
VENTILATION: None required. Individual may want to open doors or windows.
PROTECTIVE GLOVES: None required, but can be used.
EYE PROTECTION: Safety glasses.
OTHER PROTECTIVE EQUIPMENT: None.
HYGENIC PRACTICES: Wash hands before eating or smoking. Do not consume food or beverage
ile using this product.
SECTION IX - SPECIAL PRECAUTIONS
PRECAUTIONS TO BE TAKEN IN HANDLING AND STORING: Protect from freezing.
OTHER PRECAUTIONS: None.
The information accumulated herein is believed to be accurate but is not warranted to be,
whether originating with manufacturer or not. Recipients are advised to confirm in
advance of need that the information is current, applicable and suitable to their
circumstances.
sand like
CAUTION
sand dust.
KEEP OUT OF THE REACH
Oak. walnut
OF CHILDREN. CONTAINS
WOOD-RICH
require a paste
MINERAL SPIRITS. Keep away
wother finish.
from heat, sparks and flame. To
avoid breathing vapors or spray
1:13d bringing
mist, open windows and doors or
of the can.
use other means to ensure fresh
use
air entry during application and
color by
drying. If you exp rience eye
OIL
exira piece of
watering, headache or dizziness,
applying to an
Increase fresh air or wear respira-
X the object.
tory protection (NIOSH/MSHA TC23C
surfaces, apply
or equivalent) or leave the area.
painting pad
Close container after each use.
sand. then
Avoid contact with skin. USE
NIPING
Apply stain
WITH ADEQUATE VENTILA-
roller.
TION. FIRST AID: SKIN CON-
be controlled
TACT: Wash with soap and water,
clean cloth
rinse thoroughly. EYE CONTACT:
amount of
Immediately flush with water for
mith WOOD.RICH
15 minutes. GET MEDICAL
Satin Finish.
ATTENTION. INHALATION: il
color and
first sand lightly,
affected by vapors or spray mist,
dust. Apply
move to fresh air. If person Is in
PENETRATING
Satin or
a coma or breathing Is difficult,
GET MEDICAL AT TENTION
and tools with
IMMEDIATELY. IF SWALLOWED:
DANGER
earer.
CALL PHYSICIAN IMMEDIATELY.
COMBUSTIBLE. VAPOR HARMFUL.
Do not Induce vomiting. Reports of
HARMFUL OR FATAL IF SWALLOWED.
commercial painters have assoc-
See other cautions on side panel.
lated repeated and prolonged OC-
cupational overexposure to
One Quart 32 Fl. Oz. (946 ml)
solvents with permanent brain
and nervous system damage.
Intentional misuse by deliberately
concentrating and Inhaling the
vapors may be harmful or fatal.
MATERIAL SAFETY DATA SHEET
FOR COATINGS, RESINS, AND RELATED MATERIALS
COMPLIES WITH 29CFR 1910.1200 (THE HAZARD COMMUNICATION STANDARD)
ATE OF PREP:
ept., 1986 I
MANUFACTURER'S NAME: The Enterprise Companies
STREET ADDRESS: 1191 So. Wheeling Road
CITY, STATE, ZIP CODE: Wheeling, IL 60090
INFORMATION TELEPHONE NO.:
EMERGENCY TELEPHONE NO.: 312/541-9000
SECTION I PRODUCT IDENTIFICATION
PRODUCT NAME: Wood Rich 011 Penetrating Wiping Stain (All Colors)
PRODUCT CLASS: 011 Stain
PRODUCT(S) NUMBER: 1301-02-04
SECTION 11 -HAZARDOUS INGREDIENTS
OCCUPATIONAL
VAPOR
%
EXPOSURE LIMITS
PRESSURE
INGREDIENT
I CAS=No.
I WT.
I
PEL
PPM
TLV
ImmHG@68°F
Mineral Spirits 66
I 8032-32-4
I
63.0
I
500
100
12
NE = NOT ESTABLISHED
NA = NOT APPLICABLE
NK = NOT KNOWN
SECTION III a PHYSICAL DATA
BOILING RANGE: 300 400 °F
VAPOR DENSITY: X HEAVIER
LIGHTER THAN AIR
EVAPORATION RATE:
FASTER X SLOWER THAN ETHER
% VOLATILE
WEIGHT PER
BY VOLUME: 81
GALLON: 7.4#
SECTION IV - FIRE AND EXPLOSION HAZARD DATA
FLAMMABILITY CLASSIFICATION: OSHA Combustible Liquid 6 Class
DOT: Combustible Liquid
FLASH POINT: 105°F.
LEL: 1.0
EXTINGUISHING MEDIA: Regular foam, carbon dioxide, water fog or dry chemical.
UNUSUAL FIRE AND EXPLOSION HAZARDS: Vapors are heavier than air and may trave! along the
ground or be moved by ventilation and ignited by heat, pilot lights, other flames and ignition
sources at locations distant from material handling point. Keep away from heat, sparks, and
open flame. Closed containers may explode (due to build-up of steam pressure) when exposed to
:treme heat.
SPECIAL FIREFIGHTING PROCEDURES: Seif-contained breathing apparatus with full face piece
operated under positive pressure. Water may be used to cool containers to prevent pressure
build-up and possible explosion when exposed to extreme heat.
SECTION V - HEALTH HAZARD DATA
IBLE EXPOSURE LEVEL - See Section 11
with
.).
- .IMIT VALUE
- See Section 11
;
OF OVEREXPOSURE: Acute: Eyes: Can cause severe irritation, redness, tearing,
I
vision. Skin: Prolonged or repeated contact can cause moderate Irritation and
tis. Breathing: Can cause nasal and respiratory irritation, dizziness, and
Aspiration into the lungs can cause chemical pneumonitis, which can be fatal.
on: Can cause gastrointestinal irritation, nausea, vamiting and diarrhea.
onal misuse by deliberately concentrating and inhaling the vapors may be harmful
.1.
N
: EXPOSURE: Solvents have been reported to cause permanent brain and nervous
damage with possible lever and kidney damage. Respiratory and skin sensitization.
or
CONDITIONS PRONE TO AGGRAVATION BY EXPOSURE: Dermatitis, allergic responses,
:s of skin and lungs.
ntain
1 ROUTE(S) OF ENTRY: X
DERMAL
X INHALATION
X
INGESTION
us
n. ND FIRST AID PROCEDURES: Skin: Wash with soap and water. Eyes: Flush
itely with water for 15 minutes, get medical attention immediately.
:ion: If affected by vapors or spray mist, remove to fresh air. If in 2 coma or
everage
ing is difficult, administer oxygen. If breathing has stopped, give artificial
ition. In either case get medical attention immediately. Keep person warm and
Ingestion: Do not induce vamiting, get medical attention immediately.
contaminated clothing and shoes.
SECTION V1 - REACTIVITY DATA
nd
ITY:
UNSTABLE
X STABLE
DUS POLYMERIZATION:
MAY OCCUR
x WILL NOT OCCUR
IS
or near
hus DECOMPOSITION PRODUCTS: Carbon monoxide, carbon dioxide, various hydrocarbon
nds.
ICAIF TO AVOID: High temperatures, hot surfaces, electric arcs.
1 to be,
in
ATIBILITY (MATER IALS TO AVOID): Strong oxidizing agents (e.g. nitric acid,
ganates, etc.
SECTION VII - SPILL OR LEAK PROCEDURES
T:PS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED: Contain spill. Soak up with
sand, floor absorbent. Eliminate all sources of ignition (flame, sparks, tools. etc.),
exclude 85, from area persons without protective equipment. Use non-sparking
WASTE DISPOSAL METHOD: Dispose of in accordance with Federal, State and local
regulations. Use licensed hazardous waste disposal company.
SECTION VIII - SAFE HANDLING AND USE INFORMATION
RESPIRATORY PROTECTION: If PEL or TLV is exceeded, use NIOSH/MSHA respirator TC23C or
equivalent.
VENTILATION: Provide sufficient mechanical and/or local exhaust ventilation to maintain
exposure below PEL or TLV. Follow OSHA 2.9CFR part. 1910.94.
PROTECTIVE GLOVES: Neoprene or Nitrile Rubber
FYE PROTECTION: Safety glasses with side shields.
THER PROTECTIVE EQUIPMENT: To prevent repeated or prolonged contact, wear impervious
clothing and boots. Use protective cream if skin contact is likely.
HYGENIC PRACTICES: Wash hands before eating or smoking. Do not consume food or beverage
while using this product.
SECTION IX - SPECIAL PRECAUTIONS
PRECAUTIONS TO BE TAKEN IN HANDLING AND STORING: Store away from heat, sparks, and
flame. Keep containers tightly closed.
OTHER PRECAUTIONS: Do not reuse container. Empty containers may contain hazardous
residue. Keep away from heat, sparks and flame. Do not cut, puncture or weld on or near
container. Prevent breathing of vapor or spray mist.
The information accumulated herein is believed to be accurate but is not warranted to be,
whether originating with manufacturer or not. Recipients are advised to confirm in
advance of need that the information is current, applicable, and suitable to their
circumstances.
CAUTION
KEEP OUT OF THE
REACH OF CHILDREN
Avoid prolonged con-
THE
tact with skin or breath-
LOWE'S
ing of spray mist. Do
with a
not take internally Close
Hern
container after each
with
use PROTECT FROM
ELL
XI
FREEZING. FIRST AID:
adiv
EYE CONTACT Flush
thoroughly with water.
If irritation persists, GET
MEDICAL ATTENTION
IF SWALLOWED Drink
two glasses of water.
12-Yea
ty
Induce vomiting. GET
Color
MEDICAL ATTENTION
Interior
IMMEDIATELY
Manufactured exclusively for
Latex Flat Wall Paint
Lowe 8 Companies. Inc.
North Wilkesboro. North Carolina
Base 3 47333 120 Fl. Oz. (3.55 Liters)
MATERIAL SAFETY DATA SHEET
FOR COATINGS, RESINS, AND RELATED MATERIALS
COMPLIES WITH 29CFR 1910.1200 (THE HAZARD COMMUNICATION STANDARD)
DATE OF PREP:
cat., 1986 I
mANUFACTURER'S NAME: Enterprise Paint Company
STREET ADDRESS: 1191 So. Wheeling Road
CITY, STATE, ZIP CODE: Wheeling, IL 60090
EMERGENCY TELEPHONE NO.: 312/541-9000
INFORMATION TELEPHONE NO.:
SECTION 1- - PRODUCT IDENTIFICATION
PRODUCT NAME: Lowe's Generic Interior Flat Latex.
:
PRODUCT(S) NUMBER: 49276
PRODUCT CLASS: Latex Paint
SECTION 11 - HAZARDOUS INGREDIENTS
OCCUPATIONAL
VAPOR
%
EXPOSURE LIMITS
PRESSURE
I CAS-No.
I WT.
1
PEL
PPM
TLV
ImmHG@68°F
INGREDIENT
I
7664-41-7
I 0.3
I
50
25
I
11.9 mm
Amonia 28%
I
51200-87-4
I
0.14
1
2
2
I
6 mm
4, 4-Dimethyloazolidine
I
107-21-1
I 3.50
1
NE
5Q
I 0.1
Ethylene Glycol
I
I
mg/m3
I
I 13463-67-7
I
I 15
10
I
NA
Titanium Dioxide
I 471-34-1
I
I 15
10
1
NA
Calcium Carbonate
I 1332-58-7
I
I 15
10
I
NA
Kaolin
I
I
1
I
1
I
I
I
I
I
1
I
I
I
I
I
NE = NOT ESTABLISHED
NA = NOT APPLICABLE
NK = NOT KNOWN
SECTION 111 - PHYSICAL DATA
BOILING RANGE: Above 212°F
VAPOR DENSITY:
HEAVIER X LIGHTER THAN AIR
EVAPORATION RATE:
FASTER X- SLOWER THAN. ETHER % VOLATILE
WEIGHT PER
BY VOLUME: 83
GALLON: 10.1 = + 0.25#
SECTION IV FIRE AND EXPLOSION HAZARD DATA
FLAMMABILITY CLASSIFICATION: OSHA None
FLASH POINT: NA
LEL: NA
DOT: Not regulated
EXTINGUISHING MEDIA: None required.
UNUSUAL FIRE AND EXPLOSION HAZARDS: Closed containers may explode (due to build-up of steam
pressure) when exposed to extreme heat.
SPECIAL FIREFIGHTING PROCEDURES: Water may be used to cool containers to prevent pressure
build-up and possible explosion when exposed to extreme heat.
SECTION V - HEALTH HAZARD DATA
PERMISSIBLE EXPOSURE LEVEL - See Section II
SHOLD LIMIT VALUE
- See Section 11
EFFECTS OF OVEREXPOSURE: Skin contact: Possible primary irritation.
Eye Contact: Primary irritation.
Ingestion: Can cause gastrointestinal irritation, nausea, vomiting and diarrhez.
MEDICAL CONDITIONS PRONE TO AGGRAVATION BY EXPOSURE: Dermatitis
PRIMARY ROUTE(S) OF ENTRY: X DERMAL
INHALATION
X INGESTION
EMERGENCY AND FIRST AID PROCEDURES: Splash (eyes): Flush immediately with copious
quantities of running water for at least 15 minutes. Get medical attention immediately.
Splash (skin): Wash affected areas with soap and water. Ingestion: Give two glasses of
water. Induce vamiting by placing finger in back of throat. Never give anything by
mouth to an unconscious person. Get medical attention immediately.
Remove contaminated clothing and shoes.
SECTION VI - REACTIVITY DATA
STABILITY:
UNSTABLE
X STABLE
HAZARDOUS POLYMERIZATION:
MAY OCCUR
x WILL NOT OCCUR
HAZARDOUS DECOMPOSITION PRODUCTS: Carbon monoxide, carbon dioxide, various hydrocarbon
compounds.
CONDITIONS TO AVOID: High temperatures.
INCOMPATIBILITY (MATERIALS TO AVOID): Strong oxidizing agents (e.g., nitric acid,
permanganates, etc.
SECTION VII - SPILL OR LEAK PROCEDURES
STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED: Contain and remove with inert
'sorbent rags or sand.
WASTE DISPOSAL METHOD: Dispose in accordance with local, State and Federal regulations.
Use licensed waste disposal company.
SECTION VIII - SAFE HANDLING AND USE INFORMATION
RESPIRATORY PROTECTION: None needed unless applied by spraying. Then, use a NIOSH
approved respirator.
VENTILATION: None required. Individual may want to open doors or windows.
PROTECTIVE GLOVES: None required, but can be used.
EYE PROTECTION: Safety glasses.
OTHER PROTECTIVE EQUIPMENT: None.
HYGENIC PRACTICES: Wash hands before eating or smoking. Do not consume food or beverage
ile using this product.
SECTION IX - SPECIAL PRECAUTIONS
PRECAUTIONS TO BE TAKEN IN HANDLING AND STORING: Protect from freezing.
OTHER PRECAUTIONS: None.
The information accumulated herein is believed to be accurate but is not warranted to be,
whether originating with manufacturer or not. Recipients are advised to confirm in
advance of need that the information is current, applicable and suitable to their
circumstances.
ELMER'S.
ALIPHATIC RESIN
CARPENTER'S WOOD GLUE
A fast grabbing fast setting super-strangth
give formulated especially for working with
wood Excellent for cabinats. furniture, ml
other wood projects
vanca
9 GRASS FAST I SETS FAST - reducts
ELMERS
clams time
0 SUPER BOND FOR ALL WOODS special-
PROFESSIONAL
ly formulated for use on all hare and sell
woods
CARPENTER'S
RESISTS HEAT. WATER - else resists
lacquers and varnishes
SANDABLE I PAINTABLE resists
softening
WOOD GLUE
NON-SNIFFABLE - ne harmful furnes."
EASY CLEAN-UP - washes all hands
and tests with warm water.
Also available in n
DIRECTIONS: Glue to here wood only.
I
or Guart. Ballan and
PREPARATION Surfaces to be gived must be
9 Callen sizes
clean. day free of ori grease Parts should both our .
snughy
APPLICATION
Spread
give
on
faces
Clamp
for
30
minutes
For
bend
each allow use. to dry CLEAN-UP Wipe up with clean cloth
evernight
Note
close
cap
after
and water
KEEP FROM FREEZING Stare at normal room
temper sture
Label conforms w ASTM 04238-83a
SAFEI NO HARMFUL FUMES*
26000
'As
-
-
IN
'-
M
Borden, Inc HPPG. Columbus. the 43215
Made in U.S.A.
Reorder No. E-701
METOFLOZ. (236ml)
them
o
MATERIAL SAFETY DATA SHEET
Emergency Telephone
Consumer Products Division, Division of Borden. Inc.
(614) 431-6600
BORDEN
180 EAST BROAD STREET. COLUMBUS. OHIO 43215
(OPERATION ALERT)
THE OSHA HAZARD COMMUNICATION STANDARD 29 CFR 1910.1200 REQUIRES THAT
THE INFORMATION CONTAINED ON THIS SHEET BE MADE AVAILABLE TO YOUR WORKERS.
INSTRUCT YOUR WORKERS TO HANDLE THIS PRODUCT PROPERLY
NAME: ELMER'S CARPENTERS WOOD GLUE (ALL SIZES)
TYPE: MODIFIED PVAC EMULSION
20-Jan-87
APPLICATION: GENERAL PURPOSE GLUING: E-700. E-701, E-702. E-704. E-705. E-706. E-970
SIGNAL WORD
THIS MATERIAL IS NOT A "HEALTH HAZARD" OR A "PHYSICAL HAZARD" AS DETERMINED WHEN REVIEWED ACCORDING TO THE REQUIREMENTS OF
THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 29 CFR PART 1910.1200 "HAZARD COMMUNICATION" STANDARD.
CHEMICAL HAZARD RATING
FIRE AND EXPLOSION HAZARD DATA
HEALTH=1(SLIGHT)
WILL NOT BURN UNLESS WATER HAS EVAPORATED.
FIRE=0(LEAST)
IN CASE OF FIRE. USE WATER SPRAY. DRY CHEMICAL. FOAM OR
REACTIVITY=((EAST)
C02. USE WATER TO KEEP FIRE-EXPOSED CONTAINERS COOL.
29CFR1910.1200 HAZARDOUS INGREDIENTS/REPORTED HEALTH EFFECTS
REACTIVITY DATA
CAS REGISTRY NO. MATERIAL DESCRIPTION
% RANGE
NORMALLY STABLE AS DEFINED IN NFPA 704-12(4-3.1).
NONE KNOWN TO BORDEN
CONTROL MEASURES
PHYSICAL DATA
NO SPECIAL CONTROL MEASURES NECESSARY UNDER NORMAL
SPECIFIC GRAVITY
1.1
CONDITIONS OF USE.
PERCENT VOLATILES
53.5
PERSONAL PROTECTION INFORMATION
APPEARANCE
LIGHT YELLOW LIQUID
NO SPECIAL PROTECTION NECESSARY
ODOR
MILD ACETIC AROMA
ASTM D-4236-83A LABELING STANDARD
CONFORMS
SPILL OR LEAK PROCEDURES
SOAK UP WITH ABSORBENT MATERIAL AND REMOVE TO A CHEMICAL
ACUTE HEALTH HAZARO DATA
DISPOSAL AREA
SKIN ABSORPTION: NOT TOXIC DERMALLY WHEN TESTED AS
PREVENT ENTRY INTO NATURAL BODIES OF WATER.
DESCRIBED IN 16 CFR PART 1500.3 (c) (1) AND (2).
INGESTION: NOT-TOXIC ORALLY WHEN TESTED AS DESCRIBED IN
WASTE DISPOSAL METHOD
16 CFR PART 1500.3 (c) (1) AND (2).
RECOVER FREE LIQUID. ABSORB RESIDUE AND DISPOSE OF ACCORDING
INHALATION: NOT TOXIC BY INHALATION WHEN TESTED AS
TO LOCAL. STATE. AND FEDERAL REQUIREMENTS.
DESCRIBED IN 16 CFR PART 1500.3 (c) (1) AND (2).
STORAGE PRECAUTIONS
SKIN: NOT A PRIMARY IRRITANT (PRIMARY SKIN IRRITATION INDEX LESS
KEEP CONTAINER CLOSED.
THAN 5.0/8.0) WHEN TESTED AS DESCRIBED IN 16 CFR PART 1500.41.
HARMED BY FREEZING. CANNOT BE MADE USABLE AFTER FREEZING.
EYES: NOT AN IRRITANT WHEN TESTED AS DESCRIBED IN 16 CFR PART
STORE IN A COOL DRY PLACE.
1500.42.
DOT CLASSIFICATION
HANDLING PRECAUTIONS
NOT REGULATED
SKIN: PERSONS WITH SENSITIVE SKIN SHOULD AVOID PROLONGED.
CONTINUOUS CONTACT WITH SKIN. IF IRRITATION DEVELOPS.
DISCONTINUE USE.
HANDLE IN ACCORDANCE WITH GOOD INDUSTRIAL HYGIENE AND SAFETY
PRACTICES.
EMERGENCY AND FIRST AID PROCEDURES
INGESTION: IF ACCIDENTALLY SWALLOWED. DILUTE BY DRINKING
LARGE QUANTITIES OF WATER. IMMEDIATELY CONTACT POISON
CONTROL CENTER OR HOSPITAL EMERGENCY ROOM FOR ANY OTHER
ADDITIONAL TREATMENT DIRECTIONS.
SKIN CONTACT: IN CASE OF IRRITATION. FLUSH WITH WATER.
EYE CONTACT FLUSH THOROUGHLY WITH WATER. IF IRRITATION
PERSISTS. CALL A PHYSICIAN.
DISCLAIMER-SEE REVERSE SIDE
ED-700B
before
desprating.
A
interier
Not
2
HAZARD CALITIONS:
Non-Asbestos ALL
PURPOSE
USG
Patent
No.
Rs.
20,783
USG
is
of
Ready-Mixed
JOINT
CAUTION
COMPOUND
MIX CONTENTS LIGHTLY
128.1 kg)
AND TRIAL APPLY BEFORE
ADDING ANY WATER
UNITED STATES GYPSUM COMPANY
Chicago. IL 60606-4365
Present
1-56/rev 4-66
01966 US Gypsum Co
MATERIAL SAFETY DATA SHEET
United States Gypsum Company
Day 312/321-4383
101 S. Wacker Drive, Chicago, IL 60606
Night 312/321-4382
SECTION I
PRODUCT GROUP: Joint Treatment Products - Ready Mixed Compounds
USG Ready Mixed Joint Compound - Taping
USG Ready Mixed Joint Compound - Topping
USG Ready Mixed Joint Compound - All Purpose
USG Ready Mix Plus III Total Joint Compound
DURABOND Ready Mixed Wallboard Compound
COVER COAT Drywall Compound
DATE ISSUED:
May 15, 1986
CHEMICAL FAMILY: Mixture
SECTION II
HAZARDOUS INGREDIENTS
MATERIAL:
%
TLV
CAS #*
Attapulgite
0-3
Not established
Not established
Talc
0-10
2mg/m3 (respirable)
14807-96-6
Mica
0-12
3mg/m3 (respirable)
12001-25-2
Amphorus Silica
0-3
10mg/m3 (total dust)
68855-54-9
Perlite
0-10
10mg/m3 (total dust)
73763-70-3
SECTION III
PHYSICAL DATA
SPECIFIC GRAVITY (H20 = 1):
1.6
PERCENT VOLATILE BY VOLUME:
(%) Approx. 35
APPEARANCE AND ODOR:
Off white paste, low odor
SECTION IV
FIRE AND EXPLOSION HAZARD DATA
FLASH POINT (METHOD USED):
None
EXTINGUISHING MEDIA:
Not combustible
SPECIAL FIRE FIGHTING PROCEDURES:
None
UNUSUAL FIRE AND EXPLOSION HAZARDS: None
SECTION V
HEALTH HAZARD DATA
EFFECTS OF OVEREXPOSURE:
ACUTE:
If dry sanded, inhalation of dust may cause irritation of
the upper respiratory system.
CHRONIC:
None Known
EMERGENCY AND FIRST AID PROCEDURES:
EYES:
Flush thoroughly with water. If irritation persists, get
medical attention.
SKIN:
Wash with soap and water.
INGESTION:
Call physician.
INHALATION: Remove to fresh air.
UNITED STATES GYPSUM COMPANY
PROTECT FROM FREEZING
KEEP OUT or REACH or CHILD
Do not apply If temperature is below
55°F (13TC) or above 90°F (32°C),
CAUTION
Avoid Creating Dust. Sand
Wet Sponge Rather Than Dry
paper. If Dry Sanding is Necessary
Ventilate Area and Wear Eye
compound
and a NIOSH or MSHA Approved
pirator for Dust.
Gold Bond
Building
Products
A National Gypsum Division
Charlotte, North Carolina 28211
THE
Gold Bond
MATERIAL SAFETY DATA SHEET
Building
Products
MSDS NO. 05002 PREPARED BY N.W. KALETA 11/1/85
A National Gypaum Division
SECTION I
MANUFACTURER'S NAME
EMERGENCY TELEPHONE NO.
GOLD BOND BUILDING PRODUCTS DIVISION OF NATIONAL GYPSUM
704/365-0950
ADDRESS (Number, Street, Cex State, and ZIP Coss)
2001 REXFORD ROAD, CHARLOTTE, NORTH CAROLINA 28211
CHEMICAL NAME & SYNONYMS
TRADE NAME & SYNONYMS READY MIX JOINT
NA
COMPOUND (ALL PURPOSE OR TOPPING)
CHEMICAL FAMILY
FORMULA
NA
NA
ALL USAGE OF N/A ON THIS FORM MEANS NOT APPLICABLE.
SECTION If HAZARDOUS INGREDIENTS
CONTAINS ONE OR MORE OF THE FOLLOWING
CAS NO.
PEL
TLV ACGIH 1985 - 86
CALCIUM CARBONATE
1317-65-3
NOT LISTED
5mg/M³ RESPIRABLE DUST
MICA
12001-26-2
20MPPCF
3mg/M³ RESPIRABLE DUST
TALC
14807-96-6
20MPPCF
2mg/M³ RESPIRABLE DUST
QUARTZ
14808-60-7
10mg/M³
10mg/M³
% Sio 2 + 2
% RESPIRABLE QUARTZ + 2
(RESPIRABLE
FRACTION)
PRESENT, AS A NATURAL OCCURRING CONSTITUENT.
DOES NOT CONTAIN ASBESTOS. A NON-MERCURIAL PRESERVATIVE IS USED.
SECTION III PHYSICAL DATA
BOILING POINT (°F.)
NA
SPECIFIC GRAVITY (H₂O = 1)
NA
VAPOR PRESSURE (mm Hg.)
PERCENT VOLATILE
NA
BY VOLUME (%)
NA
VAPOR DENSITY (AIR - 1)
NA
EVAPORATION RATE
NA
SOLUBILITY IN WATER
NA
(
=1)
APPEARANCE AND ODOR
WHITE TO GREY PASTE WITH A MILD ACETATE ODOR
SECTION IV FIRE AND EXPLOSION HAZARD DATA
FLASH POINT (Methos Used)
NOT COMBUSTIBLE
FLAMMABLE LIMITS
La
Usi
NA
EXTINGLISHING MEDIA
NA
SPECIAL FIRE PIGHTING PROCEDURES
NA
UNUSUAL FIRE AND EXPLOSION HAZAROS
NA
SECTION V HEALTH HAZARD DATA
PRIMARY EXPOSURE ROUTE - INHALATION, CONTINUOUS EXPOSURE TO HIGH DUST
CONCENTRATIONS MAY IMPAIR LUNG FUNCTION.
FIRST AID EYES - WASH WITH WATER FOR 15 MINUTES.
SEEK MEDICAL AID IF REQUIRED.
SECTION VI REACTIVITY DATA
CONDITIONS TO AVOID
STABILITY
UNSTABLE
STABLE
INCOMPRIABILIT (Massriets - avent)
ACIDS
HAZARDOUS DECOMPOSITION PRODUCTS
RELEASES CO₂ 2 WHEN HEATED TO DECOMPOSITION
CONDITIONS TO AVOID
HAZARDOUS
MAY OCCUR
POLYMERIZATION
WILL NOT OCCUR
X
SECTION VII SPILL OR LEAK PROCEDURES
ITEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED
SCOOP OR SHOVEL UP
WASTE DISPOSAL METHOD
WASTE DISPOSAL - LAND FILL IN ACCORDANCE WITH REGULATIONS
SECTION VIII SPECIAL PROTECTION INFORMATION
RESPIRATORY PROTECTION (Specify Type)
NIOSH/MSHA APPROVED RESPIRATOR FOR DUST IF NEEDED
LOCAL EXHAUST
SPECIAL
NA
VENTILATION
NA
MECHANICAL (General)
OTHER
NA
PROTECTIVE GLOVES
EYE PROTECTION
NOT REQUIRED
GOGGLES IF DUSTY
OTHER PROTECTIVE EQUIPMENT
NA
SECTION IX SPECIAL PRECAUTIONS
PRECAUTIONS TO BE TAKEN IN HANDLING AND STORING
AVOID FREEZING
OTHER PRECAUTIONS
DO NOT DRY SAND. WET SAND OR SPONGE JOINTS, BEADS AND NAILS.
DISCLAIMER OF LIABILITY:
As the conditions or methods of use are beyond our control, we do not assume any responsibility and expressly disclaim any liability for any use of the material.
Information contained herein is believed to be true and accurate, but all statements or suggestions are made without any warranty, express or implied, regarding
accuracy of the information, the hazards connected with the use of the material or the results to be obtained from the use thereof.
NG 7780-28 Rev. use
MSDS No. 05002
eep away from heat and open flame,
old prolonged contact with skin.and
athing of vapors or spray mist. Do.not
@jnternally. Close container after each use:
only with adequate ventilation
EEP OUT OF REACH OF CHILDREN
DIRECTIONS FOR USE
FLECTO
surface is absolutely dry. free from all wax, grease and
Band with fine sandpaper and wipe off dust using a tac-rag. Use
R
ATHANE Liquid Plastic as it comes from the can. 11 thinning M
mineral spirits:
HED WOOD SURFACES: Apply directly to the wood sur
Varathan
WARATHANE Liquid Plastic is used as its own sealer, send
before recoating is recommended for best finish. Where
used remove excess from wood surface before finishing
STAINED OR LACQUERED SURFACES: Sanding is
to remove Imperfections on the surface and any sheen
the previous coating. VARATHANE Liquid Plactic is not recom-
over shellac, Incquer sanding sealers or fillers and stains
stearates.
application of VARATHANE Liquid Plactic is recom
under most-conditions. When exposure or wear is pavers,
costs may be needed. Light sanding between costs k
LIQUID PLASTIC
to remove sheen and to promote better adhesion)
sanding is difficult, recoating should be done within to
M allowed to dry 12 or more hours, surface must be
CLEAR GLOS
recosting
applications, applications on redwood, ceder, dr woods with a
oil content, or applications during periods of high humidity or
CAUTION: COMBUSTIBLE
perstures may cause slower than normal dry. Allow cost
completely before applying the next cost.
See other cautions on side panel
brush with paint thinner.
90 GLOSS
THE FLECTO COMPANY, INC.
FLECTO INTERNATIONAL, LTD., OAKLAND CALIF.
FLECTO COATINGS, LTD., RICHMOND, B.C.
Copyright 1979-1983 The Flecto Co., Inc., Oakland, California
Made in U.S.A. 839101 Litho in U.S.A.
500
MATERIAL SAFETY DATA SHEET
FIFTIETH ANNIVERSARY
1934-1984
L. PRODUCT IDENTIFICATION
Product Name: VARATHANE© Liquid Plastic
Product Number(s #90
Interior Clear Finish, Gloss
Product Class: Oil-modified Polyurethane
Manufacturer's Name: The Flecto Company, Inc.
Address: 1000 45th Street, Oakland, CA 94608
Emergency Phone: (415) 655-2470
Name of Preparer: Edward M. Quesada
Business Phone: (415) 655-2470
Date prepared:
4/25/86
Hazard Class (49CFR 172.101): Not Regulated
DOT
UN No. UN 1263
Proper Shipping Name (49CFR 172.101): Paint
OSHA Flammability Classification: Combustible Liquid - Class II
II. HAZARDOUS INGREDIENTS
Vapor
Weight
Pressure
Ingredients
CAS Numbers
Percent
mm Hg
Exposure Limits in Air
ACGIH(TLV)
OSHA(PEL) Other*
Mineral Spirits
8052-41-3
52
2.0
100 ppm
500 ppm 100 PPC
(Stoddard Solvent)
* CAL/OSHA PEL
III. PHYSICAL PROPERTIES
Weight Per Gallon:
7.46 lbs/gal
Boiling Range:
315-390°F
160-200°C
Evaporation Rate (ether = 1): <1
Vapor Density (air=1): >1
Solubility in Water: Negligible
Percent Volatile by Volume: 59.5
Appearance and Odor: Clear amber appearance with a mild aliphatic odor.
IV. FIRE AND EXPLOSION HAZARD DATA
Flash Point: 105°F TCC
Flammable Limits in Air, Volume %: Lower: 1.0 Upper: N/A
41°C
Fire Extinguishing Materials:
Water Spray
X Carbon Dioxide
Other:
X Foam
X Dry Chemical
Special Firefighting Procedures: Fight as volatile liquid fire. Use water to
keep fire exposed containers cool to reduce pressure.
Unusual Fire and Explosion Hazards: Keep away from heat, sparks and open flame.
ed
CAUTIONE UNCURED
GE
seals,
I
MODUCT CONTACT
NTATES EYES.
Insulates,
E
PROTECTION
energy
by
cracks
of contact with eyes,
doors,
flush with water
and
16 minutes. If Initation
high
persists,
get medical attention,
unaffected
Wearers
of contact lenses
changes
should not handle lenses until
resistant
disselant has been cleaned
chemicals.
form the fingertips as residual
allicone will transfer to lenses
ed or non-olly
one cause se are eye Initation.
Including
glass, and
Product referses acetic acid
nently
Recible
during application and curing.
1)irections
DHEO
the h a well ventilated area to
Remove
provent Initation by vapora.
old cault.
Uncured product contact will
AN ourface
lips, gums and tongue.
dry and thed
Uncured product contact may
grease midi
the skin. For cleaning
Cut nozzie
hula
directions below.
size.
OUT OF THE REACH
OF CHILDREN.
Insert
PORMATERIAL SAFETY
operatedo
DATASHEET OR INFORMA-
For clean,
TION CALL (518) 237-3330.
apply
side
100% SEAL
"Not paintable. Paint
For
best
ahead
of
first
LANT
/ THIS
Lame & s /
MATERIAL SAFETY DATA SHEET
COPYRIGHT GENERAL ELECTRIC CO. 1987
PAGE:
1
GE486
MANUFACTURED BY:
EMERGENCY TELEPHONE: (24 HRS)
(518) 237-3330
GENERAL ELECTRIC CO.
SILICONE PRODUCTS DIV.
REVISED: 11/04/87
WATERFORD, NY 12188
PREPARER:I POLSINELLI
***** I PRODUCT IDENTIFICATION *****
PRODUCT IDENTIFICATION: GE486
CHEMICAL FAMILY: SILICONE
CHEMICAL NAME: BATHROOM TUB & TILE SEALANT
FORMULA: MIXTURE
Caulking ?
*****
II PRODUCT COMPONENTS
*****
APPROX. ACGIH OSHA
CAS REG
PRODUCT COMPOSITION
%
TLV
PEL
UNITS
NO.
A. HAZARDOUS
TRADE SECRET COMPONENT
< 5% NF
NF
NA
TRADE SECRET COMPONENT
< 5% NF
NF
NA
B. NON-HAZARDOUS
***** III PHYSICAL DATA ******
**PRODUCT INFORMATION
BOILING POINT
: NA
(F) NA
(C)
% VOLATILE BY VOLUME: <3
VAPOR PRESSURE (20 C) : NA
MM HG
EVAPORATION RATE
:<1
VAPOR DENSITY (AIR=1) : NA
(BUTYL ACETATE=1
FREEZING POINT
: NA
(F) NA
(C)
SPECIFIC GRAVITY
:1.035
MELTING POINT
: UNKN (F) UNKN (C)
(WATER=1)
PHYSICAL STATE
: SOLID
DENSITY
:1035
KG/M3
ODOR
: AMMONIA
ACIDITY/ALKALINITY
:NA
MEG/G
COLOR
: ALMOMD
PH
:NA
SOLUBILITY IN WATER (20 C) : INSOLUBLE
SOLUBILITY IN ORGANIC SOLVENT: PARTIALLY IN TOLUENE
(STATE SOLVENT)
***** IV FIRE AND EXPLOSION DATA *****
FLASH POINT: NA ( F) NA ( C) BY NA IGNITION TEMP:UNKN ( F)UNK( C)
FLAMMABLE LIMITS IN AIR(%): LOWER NA UPPER NA
EXTINGUISHING MEDIA:
ALL STANDARD FIREFIGHTING MEDIA
SPECIAL FIREFIGHTING PROCEDURES:
NONE KNOWN.
MATERIAL SAFETY DATA SHEET
COPYRIGHT GENERAL ELECTRIC CO. 1987
PAGE:
2
GE486
***** V REACTIVITY DATA
*****
STABILITY:
HAZARDOUS:
X STABLE UNSTABLE
POLYMERIZATION WILL NOT OCCUR
HAZARDOUS DECOMPOSITION PRODUCTS:
CARBON MONOXIDE.
CARBON DIOXIDE.
SILICON DIOXIDE.
OXIDES OF NITROGEN.
AMINES.
INCOMPATIBILITY (MATERIALS TO AVOID):
NONE KNOWN.
CONDITIONS TO AVOID:
NONE KNOWN.
DO NOT EXPOSE TO HEAT OR STORE AT TEMPERATURES ABOVE 120'F.
***** VI HEALTH HAZARD DATA
*****
ACUTE SIGNS/EFFECTS OF OVEREXPOSURE:
INGESTION:
MAY CAUSE STOMACH DISCOMFORT.
SKIN CONTACT:
UNCURED PRODUCT CONTACT MAY IRRITATE THE SKIN.
INHALATION:
CAUSES MODERATE RESPIRARTORY IRRITATION.
APPLIES ONLY IN UNCURED STATE.
LE CONTACT:
UNCURED PRODUCT CONTACT IRRITATES EYES.
MEDICAL CONDITIONS AGGRAVATED:
NONE KNOWN.
OTHER:
NONE KNOWN.
CHRONIC EFFECTS OF OVEREXPOSURE:
NONE KNOWN.
EMERGENCY AND FIRST AID PROCEDURES:
INGESTION:
RINSE MOUTH WITH WATER SEVERAL TIMES.
SKIN:
TO CLEAN FROM SKIN, REMOVE COMPLETELY WITH A DRY CLOTH OR PAPER
TOWEL, BEFORE WASHING WITH DETERGENT AND WATER.
INHALATION:
MOVE PERSON TO FRESH AIR.
EYES:
IN CASE OF CONTACT, IMMEDIATELY FLUSH EYES WITH PLENTY OF WATER
FOR AT LEAST 15 MINUTES AND GET MEDICAL ATTENTION IF IRRITATION
PERSISTS.
NOTE TO PHYSICIAN:
NONE KNOWN.
MATERIAL SAFETY DATA SHEET
COPYRIGHT GENERAL ELECTRIC CO. 1987
PAGE:
3
GE486
TOXICITY:
TRADE SECRET COMPONENT
ACUTE ORAL LD50: 1000 (RAT)
MG/KG
ACUTE DERMAL LD50: 5400 (RBT)
MG/KG
?
ACUTE INHALATION LC50: >200 MG/L (RAT)
OTHER: NONE.
AMES TEST:
UNKNOWN
TOXICITY:
TRADE SECRET COMPONENT
ACUTE ORAL LD50: 12,500 (RAT)
MG/KG
ACUTE DERMAL LD50: NONE FOUND
MG/KG
ACUTE INHALATION LC50: NONE FOUND
OTHER: NONE.
AMES TEST:
UNKNOWN
PRINCIPAL ROUTES OF EXPOSURE:
ORAL.
DERMAL - SKIN.
EYES.
INHALATION.
THIS PRODUCT OR ONE OF ITS INGREDIENTS PRESENT 0.1% OR MORE
IS NOT LISTED AS A CARCINOGEN OR SUSPECTED CARCINOGEN BY
NTP, IARC, OR OSHA.
RODUCTS/INGREDIENTS:
THIS SPACE RESERVED FOR SPECIAL USE.
***** VII SPECIAL PROTECTIVE EQUIPMENT *****
RESPIRATORY PROTECTION:
USE IN A WELL VENTILATED AREA.
USE APPROVED NIOSH RESPIRATORY PROTECTION IF TLV EXCEEDED
OR OVER EXPOSURE IS LIKELY.
PROTECTIVE GLOVES:
CLOTH GLOVES.
EYE AND FACE PROTECTION:
SAFETY GLASSES.
OTHER PROTECTIVE EQUIPMENT:
NONE KNOWN.
VENTILATION:
USE ONLY IN WELL VENTILATED AREA.
*** VIII SPILL, LEAK AND DISPOSAL PROCEDURES ***
ACTION TO BE TAKEN IF MATERIAL IS RELEASED OR SPILLED:
SCRAPE OR GATHER MATERIAL AND PLACE IN A SUITABLE CONTAINER
FOR DISPOSAL.
DO NOT PUNCTURE OR INCINERATE CONTAINER. CONTENTS UNDER
PRESSURE.
DISPOSAL METHOD:
MATERIAL SAFETY DATA SHEET
COPYRIGHT GENERAL ELECTRIC CO. 1987
PAGE:
4
GE486
DISPOSAL SHOULD BE MADE IN ACCORDANCE WITH FEDERAL, STATE AND
LOCAL REGULATIONS.
BURY IN A LICENSED LANDFILL ACCORDING TO FEDERAL, STATE, AND
LOCAL REGULATIONS.
*****
SPECIAL PRECAUTIONS
*****
IX
PRECAUTIONS TO BE TAKEN IN HANDLING AND STORAGE:
KEEP CONTAINER CLOSED WHEN NOT IN USE.
AVOID CONTACT WITH SKIN AND EYES.
REMOVE CONTACT LENSES BEFORE USING SEALANT. DO NOT HANDLE
LENSES UNTIL ALL SEALANT HAS BEEN CLEANED FROM THE FINGER-
TIPS, NAILS AND CUTICLES. RESIDUAL SEALANT MAY REMAIN ON
FINGERS FOR SEVERAL DAYS AND TRANSFER TO LENSES AND CAUSE
SEVERE EYE IRRITATION.
USE MECHANICAL VENTILATION TO STAY BELOW TLV OF 25 PPM AMMONIA.
PRODUCT RELEASES METHANOL DURING APPLICATION AND CURING.
PRODUCT RELEASES AMMONIA DURING APPLICATION AND CURING.
UNCURED PRODUCT CONTACT MAY IRRITATE EYES.
UNCURED PRODUCT CONTACT MAY IRRITATE SKIN.
CAUTION! CONTENTS UNDER PRESSURE.
ENGINEERING CONTROLS:
EXHAUST VENTILATION
EYEWASH STATIONS.
USE IN A WELL VENTILATED AREA.
** X SHIPPING AND REGULATORY CLASSIFICATION DATA **
DOT SHIPPING NAME: CONSUMER COMMODITY
DOT HAZARD CLASS:
ORM-D
DOT LABEL (S)
NA
UN/NA NUMBER:
NA
PLACARDS:
NONE
EXPORT:
COMPRESSED GAS NOS. (CONTAINS CHLORODIFLUOROMETHANE AND CHL
NONFLAMMABLE GAS, UN1956, IMO CLASS 2.2.
EPA HAZARD WASTE:
NA
OSHA HAZARD CLASS: EYE IRRITANT
CPSC CLASSIFICATION: EYE IRRITANT
TRANSPORTATION CLASS: IMO 2.2 COMPRESSED GAS
RID (OCTI) COMPRESSED GAS
ADR (ECE) COMPRESSED GAS
RAR (IATA) COMPRESSED GAS
NFPA/HMIS CLASSIFICATION: FLAMMABILITY 0 , REACTIVITY o 9 HEALTH 2
ADDITIONAL INFORMATION:
THESE DATA ARE OFFERED IN GOOD FAITH AS TYPICAL VALUES AND NOT
AS A PRODUCT SPECIFICATION. NO WARRANTY, EITHER EXPRESSED OR
IMPLIED, IS MADE. THE RECOMMENDED HANDLING PROCEDURES ARE
MATERIAL SAFETY DATA SHEET
COPYRIGHT GENERAL ELECTRIC CO. 1987
PAGE:
5
GE486
BELIEVED TO BE GENERALLY APPLICABLE. HOWEVER, EACH USER SHOULD
REVIEW THESE RECOMMENDATIONS IN THE SPECIFIC CONTENT OF THE
INTENDED USE
THIS PRODUCT CONTAINS A SUBSTANCE (S) THAT IS (ARE) ON THE LIST
OF TOXIC CHEMICALS SUBJECT TO SECTION 313 OF THE SUPERFUND
AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (SARA). THIS SUB-
STANCE MAY BE SUBJECT TO AN ANNUAL SUBMISSION OF A TOXIC
CHEMICAL RELEASE FORM. SUCH SUBSTANCE IF PRESENT AT LESS THAN
ONE PERCENT, IS NOT LISTED UNDER PRODUCT COMPOSITION IN SECTION
II
C = CEILING LIMIT
NEGL = NEGLIGIBLE
EST= ESTIMATED
NF = NONE FOUND
NA = NOT APPLICABLE
UNKN = UNKNOWN
NE = NONE ESTABLISHED
REC = RECOMMENDED
ND = NONE DETERMINED
V
= RECOMM. BY VENDOR
BY-PRODUCT = REACTION BY-
SKN = SKIN
PRODUCT, TSCA INVENTORY
TS
= TRADE SECRET
STATUS NOT REQUIRED UNDER
R
=
RECOMMENDED
40 CFR PART 720.30(H-2)
MST = MIST
AS A SERVICE TO ITS CUSTOMERS, GE SILICONES DISCLOSES IN THE
MSDS FOR EACH PRODUCT THE PRESENCE OF EXTREMELY HAZARDOUS
SUBSTANCES AND TOXIC CHEMICALS IN THE PRODUCT COMPOSITION. IF
THERE IS NO ENTRY FOUND IN THIS SECTION OF THE MSDS, THERE ARE
NO EXTREMELY HAZARDOUS SUBSTANCES OR TOXIC CHEMICALS AS DEFINED
BY THE LATEST AVAILABLE LIST IN THIS PRODUCT.
MACCO
MACCO MULTI-PURPOSE
Liquid
CAUTION
Do not take Internally. Close container after each use
KEEP OUT OF THE REACH OF CHILDREN.
Nails
For the interior installation of carpet
Brand
Nonflammable latex formula
Low odor
Freeze thaw stable
MACCO Multi-Purpose Carpet Adhesive Is designed for the interior
Multi-Purpose
stallation of carpet. This adhesive may be used to install carpet with back.
ingsof jute, rubber, rubber foam, urethane foam and needled non-woven
indoor/outdoor carpeting. Adhesive may be applied to clean, dry surfaces
of wood, hardboard, underlayment and smooth, cured concrete. On or
Carpet
below grade concrete should be protected with an approved vapor barr.e'
DIRECTIONS
Adhesive
SURFACE PREPARATION: Make
tain floor surface is clean, dry and free
from oil, grease or wax. Maintain a
room temperature of 60°F. or above for
SB-60
24 hours before and after application
APPLICATION: Spread adhesive
evenly over floor with a notched
ONE GALLON 3.785
deep. Do not apply adhesive too think re.
trowel. Ridges should be about inch
quire more adhesive. Smooth backings that
Rough or Irregular carpet backings
require area which can be covered will reduce within
less adhesive. Trowelonly 45
minutes Hot dry weather
MATERIAL SAFETY DATA SHEET
CLM
The information contained herein is based on data available at the time o' preparation of :-
data sheet and which SCM Corporation believes 10 be reliable. However no warranty is express.
SCM CORPORATION
or implied regarding the accuracy of this data The SCM Corporation shall not be responsiz
for the use of this information. or of any product. method or apparatus mentioned and vou -
make your own determination of HIS suitability and completeness ICI your cwn use for the protectic
of the environment. and the nealth and safety of your employees and users of this marerial
Macco Adhesives
Glidden Coatings & Resins Div.
P.O.Box 197, Wickliffe, Oh.44092
Emergency Telephone No.:
MMF 305
PAGE 1
(216) 953-2150
SECTION I
CODE IDENTIFICATION
MMF 305
DATE PRINTED
12/12/85
PRODUCT IDENTIFICATION SB-60
SECTION II - HAZARDOUS INGREDIENTS
WEIGHT
VAPOR
INGREDIENT
PERCENT THRESHOLD LIMIT VALUE LEL PRESS.
VM & P NAPHTHA
6
300 PPM
.9 30.00
CAS NO. -
64742-39-8
ALUMINUM SILICATE (CLAY)
26
10 MG/M3
r s NO. -
1332-58-7
1ETHYL ALCOHOL
3
SKIN
200 PPY
5.0 96.00
CAS NO. -
67-56-1
SKIN - DENOTES THAT ADDITIONAL EXPOSURE. OVER AND ABOVE
AIRBORNEEXPOSURE. MAY RESULT FROM SKIN ABSORPTION.
THE THRESHOLD LIMIT VALUE (TLV) IS THE TIME WEIGHTED AVERAGE
(TWA) TO WHICH IT IS BELIEVED THAT MOST WORKERS MAY BE
EXPOSED 8-10 HOURS PER DAY, 40 HOURS PER WEEK WITHOUT
ADVERSE HEALTH EFFECTS.
LEL - THE LOWER EXPLOSIVE LIMIT IS THE LOWEST CONCENTRATION
(% OF VOLATILES IN AIR) THAT WILL PRODUCE A FLASH OF FIRE
WHEN AN IGNITION SOURCE IS PRESENT.
SECTION III - PHYSICAL DATA
BOILING RANGE
NOT DETERMINED WEIGHT PER GALLON
9.61
% VOLATILE BY VOLUME
54.35
SECTION IV - FIRE AND EXPLOSION HAZARD DATA
1 POINT (SETA)
ABOVE 200 F
LOWER EXPLOSIVE LIMIT NOT DETERMINED
OT (PSN)
NOT HAZARDOUS
MATERIAL SAFETY DATA SHEET
The information contained herein 18 Date: in Sale ave lable at the time of preparation of the
CM
data sheet and which SCM Corporation Delieves to De relable However no warranty IS excresse:
SCM CORPORATION
or implied regarding the accuracy of this data The SCM Corporation shall not be responsible
for the use of this information. or of any produc'. method or apparatus mentioned and you mus
make your own determination of its suitab: and completeness for your own use. for the protection
of the environment and the health and safety of your employees and users of this material
Macco Adhesives
Glidden Coatings & Resins Div.
P.O.Box 197, Wickliffe, Oh.44092
Emergency Telephone No.:
MMF 305
PAGE 2
(216) 953-2150
SECTION IV - FIRE AND EXPLOSION HAZARD DATA
HAZARD CLASS
NOT RESTRICTED
EXTINGUISHING MEDIA
DRY CHEMICAL OR FOAM
UNUSUAL FIRE AND EXPLOSION HAZARDS
CLOSED CONTAINERS MAY BURST IF EXPOSED TO EXTREME HEAT OR
FIRE.
SPECIAL FIRE FIGHTING PROCEDURES
WATER MAY BE USED TO COOL AND PROTECT EXPOSED CONTAINERS.
SECTION V
- HEALTH HAZARD DATA
ROUTE OF ENTRY
INHALATION
SKIN
EYES
INGESTION
EFFECTS OF OVEREXPOSURE
IRRITATION OF EYES, SKIN, RESPIRATORY TRACT. PROLONGED
INHALATION MAY LEAD TO MUCOUS MEMBRANE IRRITATION. FATIGUE,
DROWSINESS, DIZZINESS AND/OR LIGHTHEADELNESS. HEADACHE,
UNCOORDINATION. NAUSEA, VOMITING. SLURRED VISION,
INTOXICATION, ANESTHETIC EFFECT OR NARCOSIS, RESPIRATORY
FAILURE. PROLONGED OR REPEATED CONTACT CAN CAUSE DERMATITIS.
DEFATTING. BLURRED VISION, TEARING OF EYES. POSSIBLE
VOMITING. DIARRHEA. BLINDNESS, DEATH.
NOTICE - REPORTS HAVE ASSOCIATED REPEATED AND PROLONGED
OCCUPATIONAL OVEREXPOSURE TO SOLVENTS WITH PERMANENT BRAIN
AND NERVOUS SYSTEM DAMAGE. INTENTIONAL MISUSE BY
DELIBERATELY CONCENTRATING AND INHALING THE CONTENTS MAY BE
HARMFUL OR FATAL.
°F ENCY AND FIRST AID PROCEDURES
INHALATION
MOVE PERSON TO WELL VENTILATED AREA.
GET EMERGENCY MEDICAL ATTENTION.
ADMINISTER OXYGEN OR ARTIFICIAL RESPIRATION IF NECESSARY.
MATERIAL SAFETY DATA SHEET
The information contained here .a care" on date 3: the time of preparation of this
-C/M
data sheet and which SCV Corporat DE : to B" re..as... However, no warranty 15 expressed
SCM CORPORATION
or implied regarding the accuracy 10.0 Co:3 The :'_M Corporation shall not De responsible
for ine use of this information or 6" an, product mether : apparatus mentioned and you must
make your own determination of 1'1 S:- 135!"*. and con pleasess for your own use for the protection
of the environment. and the nealth and safety of you' en one users of this material.
Macco Adhesives
Glidden Coatings & Resins Div.
P.O.Box 197, Wickliffe, Oh.44092
Emergency Telephone No.:
MMF 305
PAGE 3
(216) 953-2150
SECTION V
- HEALTH HAZARD DATA
SKIN CONTACT
FLUSH FROM SKIV WITH WATER. THEN WASH THOROUGHLY WITH SOAP
AND WATER.
REMOVE CONTAMINATED CLOTHING.
WASH CONTAMINATED CLOTHING BEFORE RE-USE.
EYE CONTACT
FLUSH IMMEDIATELY WITH LARGE AMOUNTS OF WATER FOR AT LEAST
15 MINUTES. GET EMERGENCY MEDICAL ATTENTION.
INGESTION
GET EMERGENCY MEDICAL ATTENTION.
SECTION VI - REACTIVITY DATA
STABILITY
STABLE
COMPATIBILITY
OXIDIZERS
ACIDS
PASES
AMINES
CONDITIONS TO AVOID
ELEVATED TEMPERATURES
CONTACT WITH OXIDIZING AGENT
HAZARDOUS DECOMPOSITION PRODUCTS
CARBON MONOXIDE
CARBON DIOXIDE
HAZARDOUS POLYMERIZATION
WILL NOT OCCUR
SECTION VII - SPILL OR LEAK PROCEDURES
STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED
ELIMINATE ALL SOURCES OF IGNITION.
VENTILATE ARES.
SMALL SPILLS MAY BE COLLECTED WITH ABSORBENT MATERIALS.
LARGE SPILLS - OBSERVE STEPS FOR SMALL SFILLS. SHUT OFF
LEAK IF SAFE TO DO SO. DIKE AND CONTAIN SPILL. PUMP TO
MATERIAL SAFETY DATA SHEET
F-M
The information contained herein IS based = date available a! the time of preparation of :
date shee: and which SCM Corporation : DE relative However, no warranty is express
SCM CORPORATION
or implied regarding the accuracy of this 03:2 The SOM Corporation shall not be responsic
for the use of this information o' o' any product method or apparatus mentioned and you mu
make ,our own determination of IS subtability andcompieteness 10" your own use. for the protectic
of the environment and the health and sarety of you' employees and users of this material
Macco Adhesives
Glidden Coatings & Resins Div.
P.O.Box 197, Wickliffe, Oh.44092
Emergency Telephone No.:
MMF 305
PAGE
4
(216) 953-2150
SECTION VII - SPILL OR LEAK PROCEDURES
STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED
STORAGE OR SALVAGE VESSELS. USE ABSORBENT TC FICK UP EXCESS
RESIDUE. KEEP SALVAGE MATERIAL AND RINSE WATER OUT OF SEWERS
OR WATER COURSES. COMPLY WITH ALL APFLICABLE REGULATIONS FOR
HEALTH AND POLLUTION CONTROL.
WASTE DISPOSAL
DISPOSE IN ACCORDANCE WITH ALL APPLICABLE REGULATIONS.
AVCID DISCHARGE TO NATURAL WATERS.
SECTION VIII - SPECIAL PROTECTION INFORMATION
CONTROL ENVIRONMENTAL CONCENTRATIONS BELOW APPLICABLE
STANDARDS. WHERE RESPIRATORY PROTECTION IS REQUIRED, USE
ONLY NIOSH/MSHA APPROVED RESPIRATORS IN ACCORDANCE WITH OSHA
STANDARD 29 CFR 1910.134.
VENTILATION
PROVIDE DILUTION VENTILATION OF LOCAL EXHAUST TO PREVENT
BUILD-UP OF VAPORS.
PERSONAL PROTECTIVE EQUIPMENT
EYE WASH
SAFETY SHOWER
SAFETY GLASSES OR GOGGLES
IMPERVIOUS GLOVES
IMPERVIOUS CLOTHING
SECTION IX - SPECIAL PRECAUTIONS
HANDLING AND STORAGE
STORE BELOW 100 F.
OTHER PRECAUTIONS
USE ONLY WITH ADEQUATE VENTILATION.
DO NCT TAKE INTERNALLY.
KEEP OUT OF REACH CF CHILDREN.
AVOID CONTACT WITH SKIN AND EYES. AND BREATHING OF VAPORS.
WASH HANDS THOROUGHLY AFTER HANDLING, ESPECIALLY BEFORE
EATING OR SMOKING.
KEEP CONTAINERS TIGHTLY CLOSED AND UPRIGHT WHEN NOT IN USE.
EMPTY CONTAINERS MAY CONTAIN HAZARDOUS RESIDUES.
temperatures from
required. hstands Meets Federal Speci
1. Available in white and colors.
in federally Inspected
between wood. metal,
and other construction
bead size. Puncture
RECTIONS:
w clean. dry, surfaces. For best
remove all old cauthing con
desked. -
Excess material may be remo
not exceed " il w.
exceeds 14". use polyethy
such as 01 oakum,
payses
should
material,
in temperatures below
temperature prior to
INTEED: QUARANTEED: M you are not
product's performance when
and used container
Ohio 45401 for product
CONTAINS PETROLEU
Keep away from heat.
Da not take Internally.
OUT OF REACH
66041
DAP Inc
Ohio 45401
@
Printed in U US S A
ILDREN
Bu
Flex Caulk
dissimilar times
Up to of-based
Seals
Lasts longer 1hang
caulk Flexible & paintable
WARNING FLAMMABLE
Read carefully Labrior on Bath Danel
10.5FL.02.(310mL)
0
MATERIAL SAFETY DATA SHEET
NAME OR NUMBER: DAP Butyl-Flex Caulk (All Colors)
SECTION VI REACTIVITY DATA
STABILITY: Stable
CONDITIONS TO AVOID: Excessive heat
INCOMPATIBILITY (MATERIALS TO AVOID): Strong oxidizers and caustics
HAZARDOUS DECOMPOSITION PRODUCTS: Normal combustion products, i.e. COx, NOx
HAZARDOUS POLYMERIZATION: Will not occur
CONDITIONS TO AVOID: None
SECTION VII SPILL, LEAK AND DISPOSAL PROCEDURES
STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED:
Scrape up dried material and place into containers.
WASTE DISPOSAL METHOD: Discarded spill residue may be incinerated. Do not incinerate sealed
containers. Dispose according to Federal, State and local regulations. CANNOT be disposed 01
in a landfill.
SECTION VIII SPECIAL PROTECTION INFORMATION
RESPIRATORY PROTECTION: If 8-hour exposure limit or value is exceeded for any component, use
I approved NIOSH/MSHA respirator. Consult your safety equipment supplier and the OSHA
regulation, 29 CFR 1910.134 for respirator requirements.
VENTILATION: Provide sufficient mechanical ventilation (local or general exhaust) to maintain
exposure below PEL and TLV. Vapors are heavier than air and will collect in low areas.
PROTECTIVE GLOVES: Solvent impervious gloves
EYE PROTECTION: Goggles or safety glasses with side shields
OTHER PROTECTIVE EQUIPMENT: Provide eyewash and solvent impervious apron if body contact with
product may occur. Barrier creams may be used.
SECTION IX SPECIAL PRECAUTIONS
HANDLING AND STORING: Keep containers from heat, flames and direct sunlight. Do not smoke.
Do not store at temperatures above 120°F. Provide cross ventilation in storage area. Keep
containers tightly closed when not in use. Keep out of reach of children. Avoid skin
contact.
OTHER PRECAUTIONS: Contains flammable solvent. Vapor harmful and may cause flash fire.
Harmful or fatal if swallowed. Use only with adequate ventilation. Prevent buildup of vapors
Avoid prolonged or repeated breathing of solvent vapor(s) and contact with skin. Wash
ontaminated clothing before reuse. Extinguish all flames and pilot lights and turn off
-coves, heaters, electric motors and other sources of ignition during use and until all vapor
is gone. Intentional misuse by deliberately concentrating and inhaling vapors may be harmful
or fatal.
PAGE 3
MATERIAL SAFETY DATA SHEET
MSDS NO. 10005
DAP INC.
:
HMIS HAZARD RATINGS
:
: Minimal 0
Acute Health
1
:
EMERGENCY PHONE NO.: (513) 253-7154
: Slight 1
Flamability 3
: Moderate 2
Reactivity
0
: Serious 3
: Severe 4
:
SECTION I
PRODUCT NAME OR NUMBER: DAP Butyl-Flex Caulk (All Colors)
MANUFACTURERS NAME: DAP Inc.
ADDRESS:
P.O. Box 277
Dayton, Ohio 45401
PROPER SHIPPING NAME (49 CFR 172.101): Consumer Commodity
D.O.T. HAZARD NAME (49 CFR 172.101) ORM-D
D.O.T. ID NO. (49 CFR 172.101): NA
D.O.T. HAZARD CLASS (49 CFR 172.101): None
RCRA HAZARD CLASS - if discarded (40 CFR 261): D001-Ignitable
E.P.A. PRIORITY POLLUTANTS (40 CFR 122.53): None
CAS NO.: Mixture
GENERIC DESCRIPTION: Caulk
SECTION II
INGREDIENTS
HAZARDOUS
% RANGE
CAS#
TSCA INVENTORY (EPA)
Mineral Spirits
1-10
8030-30-6
Yes
VM&P Naphtha
1-5
8030-30-6
Yes
NON-HAZARDOUS
Calcium Carbonate
30-45
1317-65-3
NA
Talc
15-30
14807-96-6
NA
Polybutene
5-20
NA
NA
Soybean Oil
< 5
NA
NA
Butyl Rubber
5-20
NA
NA
SECTION III PHYSICAL DATA
BOILING POINT: 212-392°F
SPECIFIC GRAVITY (H2O = 1): 1.46
VAPOR PRESSURE (mmHg): Not available
VAPOR DENSITY (AIR = 1): Not available
PERCENT VOLATILE BY VOLUME (%): 15
EVAPORATION RATE: Not available
SOLUBILITY IN WATER: Negligible
MATERIAL IS:
LIQUID
SOLID
GAS
X PASTE
POWDER
OR AND APPEARANCE: Opaque paste with a petroleum distillate odor
PAGE 1
ssaler such as sheMac before
Before curing, remove
cloth.
After curing, excess material excess
BK3y. Store away from extreme
TIPS:
size should not exceed W X
WP
W. use polysthylene foam,
or
such as oakum, as back-up
5
apply when rain or freezing
for underwater applications
product is for caufking
for butt joints, tuck-pointing applications
I
such as nall holes
or
CTISH QUARANTEED: If you are not
this product's performance
when
this label, return sales receipt
DAP Inc, Customer Service, P.O. and Box 277.
Ohio 45401, for product
will not accept liability for replacement. more
product replacement.
not take Internally.
OUT OF REACH
CHILDREN.
Grylic
White
DAP.
8
Depend
on DAP
60967
COAP Inc.
Dayton, Ohio 45401
A Subsidiary of
USG Corporation
I
Printed in U.S.A.
Proof of Purch
MATERIAL SAFETY DATA SHEET
MSDS NO. 10019
DAP Inc.
:
HMIS HAZARD RATINGS
: Minimal 0
Acute Health 1
:
EMERGENCY PHONE NO.: (513) 253-7154
: Slight 1
Flammability 0 :
: Moderate 2
Reactivity
0 :
: Serious 3
: Severe 4
:
:
SECTION I
PRODUCT NAME OR NUMBER: DAP Acrylic Latex Caulk With Silicone (Clear)
MANUFACTURERS NAME: DAP Inc.
ADDRESS:
P.O. Box 277
Dayton, Ohio 45401
PROPER SHIPPING NAME (49 CFR 172.101): NA
D.O.T. HAZARD NAME (49 CFR 172.101): NA
D.O.T. ID NO. (49 CFR 172.101): NA
D.O.T. HAZARD CLASS (49 CFR 172.101): NA
RCRA HAZARD CLASS - if discarded (40 CFR 261): NA
E.P.A. PRIORITY POLLUTANTS (40 CFR 122.53): None
CAS NO.: Mixture
GENERIC DESCRIPTION: Caulk
SECTION II
INGREDIENTS
HAZARDOUS
% RANGE
CAS#
TSCA INVENTORY (EPA)
Ethylene Glycol
<3
107-21-1
Yes
NON-HAZARDOUS
White mineral oil
5-20
8042-47-5
NA
Water
30-45
NA
NA
Acrylic latex
40-55
NA
NA
Acrylic emulsion
3-15
25212-88-8
NA
copolymer
SECTION III
PHYSICAL DATA
BOILING POINT: NA
SPECIFIC GRAVITY (H2O = 1): 1.04
VAPOR PRESSURE (mmHg): 17.5 @ 20°C
VAPOR DENSITY (AIR = 1): Not available
PERCENT VOLATILE BY VOLUME (%): 38
VOC LESS WATER LESS EXEMPT SOLVENT (g/liter): 5
VOC MATERIAL (g/liter): 3
EVAPORATION RATE: Not available
SOLUBILITY IN WATER: Negligible
MATERIAL IS:
LIQUID
SOLID
GAS X PASTE
POWDER
ODOR AND APPEARANCE: Mild ammonia odor; clear when dry
PRODUCT NAME OR NUMBER: DAP Acrylic Latex Caulk With Silicone (Clear)
SECTION VII SPILL, LEAK AND DISPOSAL PROCEDURES
STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED:
Use absorbent material or scrape up dried material and place into containers.
WASTE DISPOSAL METHOD: Discarded spill residue may be incinerated. Do not incinerate sealed
containers. Dispose according to Federal, State and local regulations. Liquids CANNOT be
disposed of in a landfill.
SECTION VIII SPECIAL PROTECTION INFORMATION
RESPIRATORY PROTECTION: If 8-hour exposure limit or value is exceeded for any component, use
an approved NIOSH/MSHA respirator. Consult your safety equipment supplier and the OSHA
regulation, 29 CFR 1910.134 for respirator requirements.
VENTILATION: Provide sufficient mechanical ventilation (local or general exhaust) to maintain
exposure below PEL and TLV.
PROTECTIVE GLOVES: Recommended for prolonged or repeated contact with skin
EYE PROTECTION: Goggles or safety glasses with side shields
"PCR PROTECTIVE EQUIPMENT: Not required
SECTION IX SPECIAL PRECAUTIONS
HANDLING AND STORING: Keep containers from excessive heat and freezing. Keep containers
tightly closed when not in use. Keep out of reach of children.
OTHER PRECAUTIONS: None
THIS DATA IS OFFERED IN GOOD FAITH AS TYPICAL VALUES AND NOT AS A PRODUCT SPECIFICATION. NO
WARRANTY, EITHER EXPRESS OR IMPLIED, IS HEREBY MADE. THE RECOMMENDED INDUSTRIAL HYGIENE AND
SAFE HANDLING PROCEDURES ARE BELIEVED TO BE GENERALLY APPLICABLE. HOWEVER, EACH USER SHOULD
REVIEW THESE RECOMMENDATIONS IN THE SPECIFIC CONTEXT OF THE INTENDED USE AND DETERMINE WHETHER
THEY ARE APPROPRIATE.
PREPARED BY: A.M. Gassner
REVIEWED BY: S.C. Lonneman
DATE: August 31, 1987
REVISED: Original
U.S. DEPARTMENT OF. LABGR
WORKPLACE STANDARDS ADMINISTRATION
Bureau of Labor Standards
4@mdl
MATERIAL SAFETY DATA SHEET
SECTION I
MANUF ACTUANT'S NAME
EMERGENCY TELEPHONENO.
Lambro. Industries Inc.
516.
ADDRESS (Mumber, Sweet, City. sease, and ZIP Love
20 Reed Place Amityyme.N.
CHEMICAL NAME AND STRONYMS
TRADE NAME AND STRONTMS
Aluminum Sheet Aluminum Fail
Alloy 3003
CHEMICAL FAMILY
FORMULA
Aluminum Alloys
SEE SECTION IT
SECTION II HAZARDOUS INGREDIENTS
ALLOY NOMINAL COMPOSITION
TLV
%
ALLOY NOMINAL COMPOSITION
TLV
(Unita)
%
(Unite)
ALUMINUM
y
96.6
10mg/m
CHROMIUM
<
.05
3
5mg/m
SILICON
<
0.6
10mg/m
ZINC
<
.10
10mg/m
3
IRON
<
0.7
Sug/m
TITANIUM
<
.05
10mg/a
COPPER
<
.20
1mg/m
OTHERS, TOTAL
<
.15
MANGANESE
<
1.5
lug/m
MANGESIUM
<
.05
10mg/m
TLY
MAZAROOUS MXTURES OF OTHER LIQUIOS, SOLIOS, OR CASES
%
(Unite)
Ozone may be emitted as a by-product during welding.
O. IPPM
SECTION III PHYSICAL DATA
SOILING POINT as Pure Aluminum
3733
SPECIFIC GRAVITY (H,0=11
2.7
VAPOR PRESSURE - Mail
N/A
PERCENT VOLATILE
BY VOLUME (%)
N/A
VAPOR CENSITY (AM=11
N/A
EVAPORATION RATE
N/A
=11
SOLUMILITY IN WATER
INSOL.
APPEARANCE AND COOK
Tin-White, Malleable, Ductile Metal, With Somewhat Sluish Tinc.
SECTION IV FIRE AND EXPLOSION HAZARO DATA
PLASH POINT (Methed -
N/A
FLAMMARE LIMITS
N/A
3
{
ESTINGUISHING MEDIA
Dry powder. fire extinguishing agents are recommended
SPECIAL FINE FIGHTING PROCEDURES
To spray water on burning metal may cause an explosion which would
splatter flaming particies of metal great distances
UNITUAL FINE ANG EXPLOSION MAZAROS
Aluminum dust is 8 moderate fire and explosion hazard when exposed CO
universe and tercoasidered moderate fire hazard by chemical reaction.
Material Safety Data Sheet
U.S. Department of Labor
May be used to comply with
Occupational Safety and Health Administration
Hazard Communication Standard.
(Non-Mandatory Form)
:
FR 1910.1200. Standard must be
Form Approved
consulted for specific requirements.
OMB No. 1218-0072
IDENTITY (As Used on LADEL and Lier)
Note: Glank spaces we not permand. / any - # not applicable, or no
PETRETIZED LIMESTONE
information is available, no space must be marked w indicate met.
Section I
Manufacturer's Name
White Stone Company
Emergency Telephone Number
703-762-5563
Address (Number, Street, Cry State, and ZIP Code)
Telephone Number for information
P. O. Drawer W
703-762-5563
Date Prepared
Sc. Paul
6-3-86
Virginia
24283
Signature of Preparer (optened)
Section 11 - Hazardous ingredients/identity Information
Other Limits
Mazardaus Companents (Specific Chemical identity: Common Name(s)
OSHA PEL
ACCIH TLV.
Recommended
% (castana)
Ammonium Lignin Sulfonate (see attached material safety data sheet)
3%
Section III - Physical/Chemical Characteristics
Boxing Park
Specific Gravity (M₂O . 11
NA
2.79
Vappr Pressure (mm Mg)
NA
Melting Paint
NA
Vapor Censity (AIR . 1)
NA
Evencration Pate
NA
(Buryl Acciste 01) -
Solumity - Water
Insoluble
Aspearance and Oder
Dark Gray with slight odor
Section IV - Fire and Explosion Hazard Data
Flesh Paint (Methed Used)
Fiammate Limits
$
NA
&
NA
Exinguishing Media
NA
Special Fire Fighting Procestures
NA
Inusual Are and Explesion Health
None
(Reprosues locally)
OSHA 174, Sept. 1985
Pellatized
tion V - Reactivity Date
uty
Unable
Conditions w Avoid
State
X
neatibility (Meteriels IS AND
Incompatible with acids
recus Decemposition or Bypreducte
Will generate CO2 when reacting with acids
"sous
May Occur
Conditions is Avoid
serviceion
Will Net Occur
X
don VI - Health Hazard Date
a) of Enwy:
inhalmien?
Start?
ingesten?
n Mazards (Acure and Chronical
Non-toxic
negenicity,
NTP?
IARC Managraphs?
OSHA Regulated?
Non-toxic
and Symptoms of Expesure
Non-toxic
a Consitions
rady Aggrevated by Excome
Non-toxic
of
and First Add Procedures
NA
-
tion VII - Precautions for Safe Handling and Use
10 be Taken in Case Meterial is Professed or Spilied
Sweep 100 or any other conventional cleaning method
0 Disposal Method
Conventional Sanityary Landfill
rutions to be Taken in Handling and Storing
Store in Dry Place
Precautions
None
tion VIII - Control Measures
retery Ergination (Specify Type)
If excessive dust, suggest acceptable mask. TC-LIC-170 MSHA/NIOSH
lation
Local Exhaust
Mechanical (General)
Normal AIr Circulation
a Gieves
Not required
Safety glasses resomerided
Productive Clething or Equipment
None
lygienic Proctices
Non-coxic Material
Page 2
o wase
ICC88560
PAGE 01 OF 04
MATERIAL SAFETY DATA SHEET
INLAND CONTAINER CORPORATION
EMERGENCY CONTACT:
P.O. BOX 299
JERRY RAGAN. TECHNICAL SUPT.
NEW JOHNSONVILLE. TN 37134
TELEPHONE:
(615)-535-2165
SUBSTANCE IDENTIFICATION
CAS-NUMBER 8061-53-8
SUBSTANCE: LIGNO 10 AMMONIUM LIGNIN SULFONATE
TRADE NAMES/SYNONYMS: AMMONIUM LIGNIN SULFONATE: LIGNOSULFONIC ACID, AMMONIU
SALT: TREX LTA: HANSA AM-S; LIGNOSOL TSD: LIGNOSOL TSF 65; ORZAN A; ORZAN P ;
ZEWA DIS-TR: TOTANIN: ICC88560
CERCLA RATINGS ISCALE 0-31: HEALTH=1 FIRE=1 REACTIVITY=0 PERSISTENCE=0
NFPA RATINGS ISCALE 0-6): HEALTH=1 FIRE=1 REACTIVITY=0
COMPONENTS AND CONTAMINANTS
PERCENT: 100.0
COMPONENT: LIGNO 10 AMMONIUM LIGNON SULFONATE
EXPOSURE LIMITS:
5 MG/M3 (RESPIRABLE DUST) OSHA TWA: 15 MG/M3 (TOTAL DUSTI OSHA TWA.
5 MG743 (RESPIRABLE DUST) ACGIH TWA; 15 MG/M3 (TOTAL DUST) OSHA TWA.
PHYSICAL DATA
DESCRIPTION: TAN TO BROWN POWDER WITH SLIGHT DOOR OR BROWN LIQUID WITH
A WOODY DOOR.
OH: 4.2-5.0 (3% SOLI
SOLUBILITY IN WATER: 100%
Flash point 135°F
Boiling Point 212°F
FIRE AND EXPLOSION DATA
FIRE AND EXPLOSION MAZAPD:
SLIGHT FIRE HAZARO WHEN EXPOSED TO HEAT OR FLAME.
FLAMMABLE SOLIDS MAY PROVIDE CONDITIONS FOR A DUST EXPLOSION.
UPPER EXPLOSIVE LIMIT: 3.5 OZ./CU. FT.
LOWER EXPLOSIVE LIMIT: 0.2 07./Cllo FT.
AUTOIGNITION TEM.: 848 E (400 C) (FOR DUST)
FIREFIGHTING MEDIA:
DRY CHEMICAL. CARSON DIOXIDE. WATER SPRAY OR FOAM
(1984 EMERGENCY PESPONSE GUIDEROOK, DOT P 5800.31.
OR LARGER FIRES. USF WATER SPRAY, FOG 0° ALCOHOL FOAM
(1984 EMERGENCY RESPONSE GUIDEBOOK. DOT P. 5800.31.
ICC88560
PAGE 02 OF 04
FIREFIGHTING:
MOVE CONTAINER FROM FIRE AREA IF POSSIBLE. DO NOT SCATTER SPILLED MATERIAL
WITH MORE WATER THAN NEEDED FOR FIRE CONTROL. DINE FIRE CONTROL WATER FOR
LATER DISPOSAL (1984 EMERGENCY RESPONSE GUIDEBOOK, DOT P 5800.3, GUIDE
PAGE 31).
USE AGENTS SUITABLE FOR TYPE OF SURROUNDING FIRE. AVOID BREATHING HAZARDOUS
VAPORS. KEEP UPWIND (BUREAU OF EXPLOSIVES, EMERGENCY HANDLING OF HAZARDOUS
MATERIALS IN SURFACE TRANSPORTATION. 19511.
TOXICITY
>20.000 14G/KG JRAL -R AT LD50 (CROWN 7.F.ELERBACH MSDS); CARCINOGEN STATUS: NONE
THE TOXICOLOGICAL PROPERTIES OF LIGNO 10 AMMONIUM LIGNIN SULFONATE HAVE NO
BEEN FULLY QUANTIFIED. IT MAY BE IRRITATING TO THE EYES, SKIN AND MUCOUS MEM
BRANES.
HEALTH EFFECTS AND FIRST AID
INHALATION:
ACUTE EXPOSURE: NO DATA AVAILABLE. INHALATION OF HIGH CONCENTRATIONS OF TH
MAY AE IRRITATING TO THE UPPER RESPIRATORY TRACT.
CHRONIC EXPOSURE: NO DATA AVAILABLE.
FIRST AIO- REMOVE FROM EXPOSURE APEA TO FRESH AIR IMMEDIATELY. IF BREATHIN
HAS STOPPED, PERFORM ARTIFICIAL RESPIRATION. KEEP AFFECTED PERSON WARM A
AT REST. GET MEDICAL ATTENTION.
SKIN CONTACT:
ACUTF EXPOSURE: DIRECT CONTACT WITH THE LIQUID SOLUTION MAY CAUSE IRPI-
TATION. IT IS NOT KNOWN IF THE DUST OF THIS SUBSTANCE WILL CAUSE IRRI-
TATION OF THE SKIN
CHRONIC EXPOSUPE: REPEATED OR PROLONGED EXPOSURE TO THE LIQUID MAY CAUSE
DERMATITIS.
FIRST AIO- REMOVE CONTAMINATED CLOTHING AND SHOES IMMEDIATELY. WASH AFFECT
ARFA WITH SOAP OR MILO DETERGENT AND LARGE AMOUNTS OF WATER UNTIL NO
EVIDENCE OF CHEMICAL PEMAINS (APPROXIMATELY 15-20 MINUTES). GET MEDICAL
ATTENTION IMMEDIATELY.
EYE CONTACT:
ACUTE EXPOSURE: DIRECT CONTACT WITH THE DUST OR LIQUID FORM OF THIS SUB-
STANCE MAY CAUSE IRRITATION IRF WITH REONESS AND PAINe
CHRONIC EXPOSURE: REPEATED OR PROLONGED EXPOSURE TO THE DUST OR LIQUID FOR
OF THIS SUBSTANCE MAY CAUSE CONJUNCTIVITIS.
FIRST AIR- WASH EYFS IMMEDIATELY WITH LARGE AMOUNTS OF WATER, OCCASIONALLY
LIFTING UPPER AND LOWER LIDS. UNTIL NO EVIDENCE OF CHEMICAL REMAINS
(APPROXIMATELY 15-20 MINUTES). GET MEDICAL ATTENTION IMMEDIATELY.
INGESTION:
ACUTE EXPOSURE: NO HUMAN DATA AVAILABLE. s DCSE OF GREATER THAN 20,000 MG/
WAS REQUIRED TO KILL 502 OF A TEST POPULATION OF RATS. THE SYMPTOMS WERE
ICCR8560
PAGE 0,3 OF 04
NOT REPORTED.
CHRONIC EXPOSURE: NC DATA AVAILABLE.
FIRST AID- TREAT SYMOTOMATICALLY AND SUPPORTIVELY. GET MEDICAL ATTENTION
IMMEDIATELY.
ANTIDOTE:
NO SPECIFIC ANTIDOTE. TREAT SYMPTOMATICALLY AND SUPPORTIVELY.
REACTIVITY
REACTIVITY:
STABLE UNDER NORMAL TEMPERATURES AND PRESSURES.
INCOMPATIBILITIES:
STRCNG OXIDIZEPS: POSSIBLE IGNITION.
STRONG ALKALIS: MAY RELEASE CORROSIVE AMMONIA.
DECOMPOSITION:
THERMAL DECOMPOSITION MAY RELEASE TOXIC OXIDES OF CARBON. SULFUR. AND
NITROGEN.
POLYMERIZATION:
NOT KNOWN TO OCCUR.
CONDITIONS TO AVOID
MAY BURN BUT DOES NOT IGNITE READILY.
SPILL AND LEAK PROCEDURES
OCCUPATIONAL SPILL:
SWEEP UP AND PLACE IN SUITABLE CLEAN. DRY CONTAINERS FOR LATER DISPOSAL.
DO NOT FLUSH WITH WATER. KEEP UNNECESSARY PEOPLE AWAY.
PROTECTIVE EQUIPMENT
VENTILATION:
PROVIDE GENERAL DILUTION VENTILATION TO MEET PUBLISHED EXPOSURE LIMITS.
RESPIRATOR:
THE SPECIFIC RESPIRATOR SELECTED MUST BE BASED ON THE CONTAMINATION LEVELS
FOUND IN THE WORK PLACE. UST NOT EXCEED THE WORKING LIMITS OF THE RESPIR-
ATOR AND BE JOINTLY APPROVED BY THE NATIONAL INSTITUTE FOR OCCUPATIONAL
SAFETY AND HEALTH AND THE MINE SAFETY AND HEALTH ADMINISTRATION.
THE FOLLOWING PESPIRATORS ARE RECOMMENDED BASED ON THE DATA FOUND IN THE
PHYSICAL DATA. HEALTH ESSECTS AND TOXICITY SECTIONS. THEY ARE RANKED IN
ORDER FROM MINIMUM TO MAXIMUM RESPIRATORY PROTECTION:
CHEMICAL CARTRIDGE RESPIRATOR WITH AV ORGANIC VAPOR CARTRIDGE(S) WITH A
HIGH-EFFICIENCY PARTICULATE FILTER AND FULL FACEPIECE.
HIGH-EFFICIENCY PAPTICULATE RESPIRATOR WITH A FULL FACEPIECE.
ICC88560
PAGE 04 OF 04
POWERED AIR-PUPIFYING RESPIRATOR WITH A HIGH-EFFICIENCY FILTER WITH A FULL
FACEPIECE.
TYPE "C" SUPPLIED-AIR RESPIRATOR WITH A FULL FACEPIECE OPERATED IN PRESSURE.
DEMAND OF OTHER POSITIVE PRESSURE MODE OR WITH s FULL FACEPIECE, HELMET 01
HOOD OPERATED IN CONTINUCUS-FLOW MODE.
SELF-CONTAINED BREATHING APPARATUS WITH A FULL FACEPIECE OPERATED IN
PRESSURE-DEMAND CR OTHER POSITIVE PRESSURE MODE.
FOR FIREFIGHTING AND OTHER IMMEDIATELY DANGEROUS TO LIFE OR HEALTH CONDITIONS
SELF-CONTAINED BREATHING APPARATUS WITH FULL FACEPIECE OPERATED IN PRESSURE.
DEMAND OR OTHER POSITIVE PRESSURE MODE.
CLOTHING:
EMPLOYEE MUST WEAR. APPROPRIATE PROTECTIVE (IMPERVIOUS) CLOTHING AND EQUIPMENT
TO PREVENT REPEATED OR PROLONGED SKIN CONTACT WITH THIS SUBSTANCE.
GLOVES:
EMPLOYEE MUST WEAR APPROPRIATE PROTECTIVE GLOVES TO PREVENT CONTACT WITH THIS
SUBSTANCE.
EYE PROTECTION:
EMPLOYEE MUST WEAD. SPLASH-PROCF OR DUST-PESISTANT SAFETY GOGGLES TO PREVENT
FYE CONTACT WITH THIS SUBSTANCE.
AUTOMRIZED BY: INLAND CONTAINER CORPORATION
CREATION DATE: 03/04/86
P.E.VISION DATE: 03/17/86
National Association of Home Builders
15th and M Streets, N.W., Washington, D.C. 20005
Telex 89-2600 (202) 822-0200 (800) 368-5242
Martin Periman
November 8, 1990
1990 President
OSHA
DOCKET OFFICER
DATE NOV 8 1990
Docket Office
Docket No. S-776
Occupational Safety and Health Administration
TIME 12:14 p.m.
U.S. Department of Labor
200 Constitution Avenue, N.W., Room N2625
Washington, D.C. 20210
Dear Sir:
Re: Comments on Occupant Protection in Motor Vehicles
On behalf of the more than 157,000 members of the National
Association of Home Builders, I am pleased to submit these
comments in response to OSHA's Notice of Proposed Rulemaking
entitled, "Occupant Protection in Motor Vehicles," 55 Fed. Reg.
28,727 (July 12, 1990)
Preliminary Comments
Initially, I should note that NAHB policy fully supports the
goal of increasing safety in the construction industry through
private-sector initiatives. At the same time, we oppose those
proposals that fail to distinguish between residential and
commercial construction, and those that mandate redundant and
unnecessary paperwork requirements in our industry.
OSHA should recognize that construction is one of the most
unique industries within OSHA's jurisdiction. Our members
typically employ workers at multiple jobsites in scattered
locations. Employee turnover is high, and each jobsite is
constantly changing in scope, location, and character. Much of
the work is done outdoors, and our employers generally maintain
minimal, if any, administrative support services on-site.
Offices, meeting rooms, and training facilities are virtually
unheard of in many sectors of the industry, particularly in the
residential sector, where builders often "work out of their
trucks." In short, any rule that requires extensive amounts of
formal employee training presents unusual problems for the
construction industry.
Overview of the Proposed Rule
The OSHA proposal is a generic, performance-oriented
regulation which focuses on three main issues: 1) mandating that
employers require each employee to wear safety belts when
operating a motor vehicle for official business; 2) mandating the
use of helmets when operating motorcycles; and 3) requiring
employers to develop and implement employee driver safety
awareness programs. Our comments will focus on the first and
third issues, which are of primary concern to us.
Occupant Safety Belts
Subsection (c) (1) of the proposal would provide as follows:
"The employer shall require that each employee on
official business, whether operating or occupying a
motor vehicle equipped with safety belts or otherwise
required by Federal regulations to have safety belts,
to have an occupant safety belt properly fastened at
all times while the vehicle is in motion."
Although NAHB generally supports any rule which will reduce
employee injuries while on the job, there are several
clarifications which should be made in this provision to avoid
possible enforcement problems in the field.
First and foremost, OSHA should clarify that an employer's
obligation under the rule does not extend beyond requiring
employees to wear belts. Employers should not be required to
guarantee, under threat of an OSHA citation, that the belts will
actually be worn. OSHA has indicated that this is the official
agency position, but it should be codified in the rule itself.
Secondly, OSHA should recognize that many of the vehicles
used in the construction industry are old and/or do not fall into
one of the categories of vehicles required to have belts under
federal law. In our view, employers should not be required by
this rule to install safety belts in their vehicles, regardless
of whether federal law may have required the vehicle manufacturer
to do so. The "beltless vehicle" situation is beyond the scope
of this rule. However, OSHA may wish to consider an explicit
prohibition on the deliberate removal of existing safety belts in
vehicles used for work purposes.
Finally, the rule should recognize that, in some situations,
the use of safety belts may contribute to, rather than reduce,
employee injuries and fatalities. OSHA recognized these types of
situations in the preamble to the proposed rule (see 55 Fed. Reg.
at 28,733), but in our view, this limitation should be made
explicit in the rule itself.
2
In keeping with these concerns, NAHB suggests the following
language for Subsection (c) (1) of the final rule:
" (i) The employer shall adopt a policy requiring each
employee who, while on official business, operates or
occupies a motor vehicle which is equipped with safety
belts to have such safety belt properly fastened at all
times while the vehicle is in motion. This provision
shall not apply to open-cab or similar types of motor
vehicles that do not have roofs or similar overhead
protection and where employees might be trapped during
a roll-over accident if safety belts were used.
(ii) An employer who can document that employees were
required to comply with the provisions of Subsection
(c) (1) (i) of this rule shall be deemed to be in compliance
with this subsection regardless of whether its employees are
in fact wearing safety belts."
Driver Safety Awareness -- Overview
Subsection (c) (3) of the proposed rule would require
employers to implement driver safety awareness training programs
for all employees who routinely use motor vehicles while on the
job. The rule sets forth the minimum topics to be addressed in
such training, and the minimum qualifications of the individual
who develops the training programs. Triennial "refresher
training" would also be required.
Again, NAHB supports any OSHA effort to increase employee
awareness of workplace hazards, and methods by which such hazards
can be reduced. However, we have serious reservations about any
OSHA training requirement which is, by the agency's own
admission, of questionable value and duplicative of training
already required in most states before an individual can get a
driver's license. Our comments will thus focus on (a) the need
for this type of a requirement at the federal level, and (b) our
suggestions for making such a requirement workable in the
construction industry.
Needs Assessment
As OSHA acknowledges in its NPRM, "[t]he evidence regarding
the effectiveness of driver training in reducing motor vehicle
accidents is mixed." 55 Fed. Reg. at 28730. The NPRM cites a
1985 review of 14 controlled studies of the effects of defensive
driving courses which concluded that "the best available evidence
does not support the hypothesis that DDCs decrease the likelihood
of motor vehicle crashes." Id. The NPRM also cites a 1989 study
by the Insurance Institute for Highway Safety (IIHS) which, after
reviewing 65 DDC evaluation studies, concluded that these
programs typically resulted in a reduction of the number of
3
traffic violations that a driver received, but not the number of
vehicle crashes. The IIHS study suggests that one reason for
this may be that crash involvement is less dependent on the
behavior of a particular driver and more dependent on
environmental circumstances and the behavior of other drivers.
IIHS also produces a yearly report which summarizes, after
careful research, "what really works - and what doesn't work - to
reduce crash death injuries." Their 1989 report, which is
included in the rulemaking record, concludes that more
enforcement of seat belt, traffic safety, and alcohol related
laws is needed, along with implementation of a recent Department
of Transportation proposal to raise safety standards for light
truck and multipurpose vehicles to match those for cars.
Interestingly, OSHA acknowledges in the NPRM that there is
"limited data to demonstrate the precise degree to which driver
safety awareness would further reduce employee motor vehicle
fatalities and injuries
55 Fed. Reg. at 28,731. In an
attempt to bolster its case, OSHA cites a single conversation
between an OSHA staffer and am employee of United Parcel Service
in Greenwich, Connecticut, in which the UPS employee discussed
his company's driver safety awareness program in somewhat general
terms and claimed it had reduced the company's auto accident
frequency. With all due respect to United Parcel Service, we
hardly think that a single telephone conversation of this nature
constitutes the necessary "substantial evidence" to support this
rulemaking proposal, particularly when there are so many
scientific studies in the record that reach the opposite
conclusion.
The evidence of record indicates quite strongly that motor
vehicle fatalities are influenced by a myriad of factors,
including the time of day, age of drivers, mechanical defects,
weather, pedestrian involvement, off-road hazards, and, most of
all, and drug and alcohol use. Countless studies have identified
drug and alcohol abuse as the major preventable cause of motor
vehicle accidents in this country. Traditionally, the states
have taken the lead in attempting to address these problems.
Certainly, federal grants and regulations play a major role in
how states mold their laws, but rather than place employers in
the shoes of enforcement officers, states should be made to
enforce existing laws more effectively. In our view, a broad,
generic rule mandating that employers bear the burden of
training, retraining, and educating employees in a general sense
in order to reduce fatalities is an impractical and superficial
solution to the problem.
4
The Training Requirement
Turning to the substance of the proposal, Subsection (d) (1)
would require that all employers develop and implement driver
safety awareness programs that provide for "training in safe
vehicle use for each employee who routinely might be expected to
use a particular class of motor vehicles as part of that
employee's official work assignments." The word "training" is
extremely vague, and could lead to endless disputes over what
constitutes appropriate "training." In the spirit of ensuring
that any driver safety awareness rule is, in fact, "performance-
oriented", we suggest that the word "training" be changed to read
"training, instruction, or other appropriate orientation". We
also suggest that the final rule recognize OSHA's position, as
stated in the rulemaking proposal, that "[d]river safety
awareness programs in these areas can take the form of face-to-
face classroom instruction, self-study videos, or through
providing manuals or brochures for employees to read.' 55 Fed.
Reg. at 28, 731. This language should be incorporated into the
final rule itself to make clear that formal face-to-face training
is not required in all circumstances.
Qualified Individual
Subsection (d) (3) of the proposal would require that the
individual who develops a driver safety awareness program for any
company be "qualified in the topics being taught by possession of
a recognized degree, certificate, or professional standing, or " by
extensive individual knowledge training and experience
NAHB strongly objects to any rule that would require small
construction companies to seek out specialized consultants to
develop a program in an everyday, common-sense area like driver
safety. This is not a specialized subject in which OSHA should
encourage the development of a "cottage industry" of consultants.
Driver safety is something which most adult Americans are
familiar with, and anyone with a minimal level of communicative
skill should be able to develop an appropriate program for his or
her employees. We therefore recommend that Subsection (d) (3) be
deleted in its entirety.
Refresher Training and Certification
Subsections (d) (4) and (d) (6) of the proposal refer to the
need to provide triennial refresher training to employees. NAHB
believes that in a common sense, everyday area like driver
safety, requiring training once every three years is unduly
burdensome and of questionable value. There is no evidence in
the record to support this type of requirement. Indeed, tens of
millions of Americans maintain excellent driving records despite
having received no formal driver training since high school.
Again, if this is to be a true performance-oriented standard,
employers should be judged on the basis of how well employees are
5
made aware of safety, rather than how often the required
training, instruction, or orientation is given.
Similarly, we oppose the proposed requirement that would
have employers certify that they have conducted such training,
instruction, or orientation for particular employees. OSHA's
notion of [c] ompany driver licenses, diplomas, and class
rosters" (55 Fed. Reg. at 28,734) is a pure paperwork exercise
which has little relevance to increasing worker driver safety.
We recommend that this requirement be deleted.
Conclusion
The issues involved in any effort to reduce occupational
vehicle injuries and fatalities are extremely complex, and
already the subject of many existing federal and state laws and
regulations. This is an area with a very real risk of
"overregulation", and any agency preparing to add to the
collective regulatory burden should do so carefully. For the
most part, the evidence in OSHA's existing record suggests that
more enforcement of existing state laws is the critical element
in reducing the incidence of vehicular accidents. If OSHA
chooses to add additional regulations in this area, it should do
so cautiously. The suggestions set forth above will help the
agency to draft a rule that is workable in our industry, and we
trust the agency will give them appropriate deference.
Sincerely,
Dub
Martin Perlman
1990 President
6
5-6
AUG 14 1990
Facts, 1990 Edition
The Insurance Institute for Highway Safety is an independent nonprofit research
and communications organization that develops and evaluates ways to reduce mo-
tor vehicle losses. As part of this work. Institute researchers carefully review and ana-
lyze federal, state, and other data files on the most serious bighway crashes that oc-
cur each year. These researchers also keep up-to-date files on relevant state laws in-
cluding not only safety belt and motorcycle helmet use laws but also child restraint
and DWI laws. Based on information from these files, Institute researchers compile
useful statistics on a variety of topics. For example:
What's the largest category of motor vehicle deaths. passenger car occupant deaths
or pedestrian deaths? In which age group is the motor vehicle occupant death rate
the highest? On which days of the week do these deaths mostly occur?
Is a motorist more likely to be killed in a small car or a large one? Are the odds
of crash death greater in a car or a pickup truck? What about utility vehicles -
are their death rates higher or lower than the rates for other kinds of vehicles?
Do very young children have higher motor vehicle death rates as pedestrians or
as passenger vehicle occupants? Are boys killed in crashes more often than girls?
How much more often?
Do teenage drivers have higher crash rates than older drivers? When do teen-
agers' crashes mostly occur. at night or in the daytime? Where do motor vehicle
crashes rank among causes of death to young people?
Do elderly drivers have higher crash rates than younger drivers? Do they have
higher
death
rates?
Do
older
people
die
n:-
cles or as pedestrians?
1- alcohol-impaired driving on the increase? Is it a bigger problem among truck
drivers. motorcyclists. pedestrians, or passenger car drivers?
Are pedestrian deaths increasing or decreasing? At what age are the mies high-
est? Where do pedestrian deaths usually occur, at intersections or between them?
Facts. 1990 Edition
Published
in
General Facts
Motor vebicle crashes are the leading cause of death among Americans
1-34 years old. Fatal crasbes occur more often at some times of the day,
week. and year than at other times. They involve some ages more than
others. They involve males more often tban females. This edition of Fatal-
ity Facts bigblights such comparisons, based on analysis of data from the
U.S. Department of Transportation's Fatal Accident Reporting System.
60.834 motor vehicles were involved in 40,718 fatal crashes in 1989,
resulting in 45,555 deaths.
Of the 45.555 motor vehicle deaths in 1989. 24.927 (55 percent)
Total Motor Vehicle Deaths
involved passenger car occupants; 8,619 (19 percent) involved oc-
cupants of pickups, vans, and utility vehicles; 6,552 (14 percent)
Deaths per
involved pedestrians: and 3.036 (7 percent) involved motorcyclists.
Total
100.000
Deaths
People
Forty-four percent of all car occupant deaths occur in single-vehicle
crashes. 56 percent in multiple-vehicle crashes. For pickups. vans.
1980
51.091
22
and utility vehicles the corresponding percentages are 61 and 39.
1981
49,301
21
1982
+3.945
19
The motor vehicle death rate per 100.000 people is especially high
1983
42.589
18
among 16-24 year olds and older people (80 years and older).
1984
+1.25
19
At all ages. males have much higher death rates than females. The dif-
1985
43.825
18
ference between their rates is least among 0-12 year olds. It's greatest
1986
46.08"
19
among 20-2+ year olds and people 85 years and older The highest
1.00
40.390
19
motor vehicle death rate involves 20-24-year-old males.
1988
47,093
19
More motor vehicle deaths occur between 3 pm and midnight than
1989
45.555
is
during other hours. More occur on Saturday than on other davs.
Motor Vehicle Deaths
1980
1981
1982
1983
1984
1985
1086
1957
1.55
1000
Occupants
27.424
26.615
23.161
22.820
23.+70
23.050
24.808
25.004
25,700
24.927
Passenger cars
Pickups. vans.
513
7.073
6.512
6.346
6.613
6.79H
-.398
8.101
8.#H
8.61°
utility vehicles
Tractor-trailers
887
840
728
735
853
751
696
659
711
048
Other med. heavy trucks
347
292
215
2H
220
220
233
190
100
yo:
Motorcyclists
4.961
4.746
4,270
4.104
+.431
4.417
4.309
3.834
3.44
3.030
Bicyclists
965
936
864
830
838
869
929
940
900
82:
Pedestrians
8.070
-.837
7.331
6826
-025
6,808
6.-9
6.745
6369
6552
Other
-68
962
8th
as
:
912
045
&
%
-51
Fatality Facts 1990
Published by the Insurance Institute for Highway Sajen
2
At all ages, males have
much higher death
rates than females.
More motor vehicle crashes occur in urban than in rural areas, but
more motor vehicle deaths occur on rural than on urban roads.
Motor Vehicle Deaths
per 100,000 People, 1989
Frontal impacts account for 51 percent of all passenger vehicle occu-
pant deaths. Side impacts account for 28 percent - - 14 percent right
Age
Male
Female
side, 14 percent left side. Rear impacts account for only + percent of
to 13
6
5
all passenger vehicle occupant deaths.
13-15
12
8
16-19
53
25
20-24
54
16
Distribution of
Distribution of
25-29
39
13
Motor Vehicle Deaths
Motor Vehicle Deaths
30-34
29
11
by Day of Week, 1989
35-39
25
9
by Time of Day, 1989
+0-44
23
9
Percent
Percent
45-49
20
9
Midnight 3 am
15
Sunday
16
50-54
21
9
-
22
3am 6 am
Monday
12
55-59
9
6 am - 9 am
9
60-64
20
11
Tuesday
11
9 am - Noon
8
65-69
20
12
Wednesday
12
Noon 3 pm
12
70-74
24
15
Thursday
13
3 pm 6 pm
16
-5.-9
33
IS
Friday
17
6 pm 9 pm
16
80-84
51
21
9 pm Midnight
16
Saturday
20
-
85+
53
15
Motor Vehicle Deaths by Location
Distribution of
Motor Vehicle Deaths
Freeways
Major Roads
Minor Roads
by Month, 1989
Rural
Urban
Rural
Urban
Rural
Urban
Percent
1981
2,369
3.725
19.016
10.607
5.5-
6.113
-
January
1982
2.081
3.415
17.493
10,151
5.370
+.959
February
0
March
8
1983
2.151
3,461
16,626
9.340
5.628
5,194
April
&
1984
2.256
3.721
17628
9.73"
5.0.00
5,088
Mr.
,
1985
2.197
3.512
17,009
9.988
5,895
5.038
June
&
1986
2,160
3.692
5.290
July
c)
17,770
10,546
6,469
August
"
198-
2.533
3,970
18.281
10,084
6.230
5.122
September
1)
1988
2,850
3.956
17,994
9.947
6,308
5.046
October
9
November
7.
1989
2.775
+.094
17,294
9.904
6.191
5.102
December
)
INSURANCE
fulvicion Edmor Anne Firming
Insurance Institute Inr Hichard sufen
INSTITUTE
Read
Artington
FOR
17031
The Insurance 'restute ''' Highway Safety in indeper aprofit public
HIGHWAY
- organization that and evaluates vehicle
SAFETY
line
The
Institutes
aboll
m
The
and
55%
juln
insurer
individuals
and
through
their
trade
Alcohol
Alcohol impairment is a major problem involving nw only drivers but
also pedestrians and others on the road. This edition of Fatality Facts
addresses the problem of alcohol impairment on the bigbways. reflect-
ing the latest and most reliable information on the subject. Much of this
information is from the 29 states that report to the U.S. Department of
Transportation the blood alcohol concentrations (BACs) of bigb propor-
tions of all fatally injured drivers- important because reliable infor-
mation about alcohol use can only be obtained from chemical tests.
The percentage of fatally injured drivers of passenger vehicles (cars.
pickups. vans. and utility vehicles) with BACs at or above 0.10 per-
cent continued a 10-year decline in 1989 - down to 40 percent
from a high of 53 percent in 1980. This information is based on data
from the 13 states that for the past 10 years have reported BACs for at
Percent of Passenger Vehicle
least -0 percent of their fatally injured drivers (see table. page +). The
Drivers with Various BACs,
percentages are comparable based on data from 29 states that report-
10 pm to 3 am,
ed BACs for at least 80 percent of their fatally injured drivers in 1989.
Friday and Saturday,
1973 to 1986
The percentage of tractor-trailer drivers and motorevelists with high
BAC
1973
1980
BACs (0.10 percent or more) increased slightly from 1988 to 1989 -
-
0.00-0.01
80
after declining for most of the '80s as did the percentage of fatally
0.02-0.04
9
11
injured pedestrians with BACs of 0.10 percent or more.
=
0.10-014
+
2
Even at BACs as low as 0.02 percent. alcohol affects driving ability
11 /5-
1
1
and crash likelihood. The probability of a crash begins to increase
significantly at 0.05 percent BAC and climbs rapidly after about
0.08 percent. For drivers with BACs above 0.15 percent on week-
end nights, the likelihood of being killed in a single-vehicle crash
is more than 380 times higher than it IS for nondrusking drivers. 1.2
Percent of Drinking Drivers
of Passenger Vehicles with
Three percent of a national sample of passenger vehicle drivers on
Various BACs, 10 pm to 3 am.
weekend nights in 1980 had BAC .11 percent down
Friday and Saturday, 1986
from 5 percent in 19-3.- Drivers with BACs this nign 11) 10 percent)
represent only 12 percent of all drinking drivers on eekend nights.
Fataliv
but they are disproportionately represented 186 percent) in the
Surveyed
Injured
BAC
Drivers
Driver-
drinking driver fatality statistics.
<0.05
69
5
Less than 1 percent of 1 random sample of tractor-railer drivers sur-
0.05-0.09
20
"
veyed along an interstate highway in 1986 had any measurable BAC
0.10+
12
80
None had a BAC higher than 0.04 percent.4
Fatality Facts 1990
Published hi the Insurance Institute for Highway
8
Crashes involving men are
much more likely than those
involving women to be
alcohol-related.
Crashes involving men are much more likely than those involving
women to be alcohol-related. Among fatally injured male drivers.
46 percent had BACs of 0.10 percent or more in 1989. The percentage
for women was 22. Alcohol involvement is highest for men age 20-34.
Per mile driven and per licensed driver, 16-24 year olds had the high-
est rates of alcohol-related fatal crashes in 1983 (the most recent year
for which data are available on mileage). The rates for 16-24 year olds
is more than 2-1/2 times higher, on average, than the rates for older
drivers.⁵
Percent of Fatally Injured
Drivers of Passenger
Alcohol involvement in crashes peaks at night and is higher on week-
Vehicles with BACs ≥ 0.10
ends than on weekdays. Among passenger vehicle drivers who are fa-
Percent, 1989
ARE
Male
Female
Percent of Fatally Injured Drivers and Pedestrians
16-19
3+
18
20-24
59
33
with BACs ≥ 0.10 Percent
25-34
59
33
Passenger
Tractor
Pedestrians
Motor-
All
35-54
51
2+
(Age 16+)
cycles
Drivers
Year
Vehicles
Trailers
55+
to
n
1980
53
10
+1
+3
50
All
+0
22
1981
51
15
+3
+
+9
1982
50
15
I
H
+8
1983
48
13
+2
+6
+0
1984
++
11
+1
++
+3
-
1985
+2
39
+2
+1
Percent of Fatally
+1
1986
42
+
38
42
Injured Drivers of
1987
+1
+
37
38
40
Passenger Vehicles with
1988
41
5
38
38
07
BACs ≥ 0.10 Percent
1989
40
8
+0
+1
39
by Month, 1989
January
Percent of Fatally Injured Passenger Vehicle Drivers
Februar.
by Blood Alcohol Concentration, 1989
March
is
Daytime
Daytime
Nighttime
Nighttime
April
(6 am-9 pm)
(6 am-9 pm)
(9 pm-6 am)
19 pm-6 am)
May
+1
Multiple
lune
Single
Multiple
Single
BAC
Vehicle
Vehicle
Vehicle
Vehicle
July
7
0.00
55
80
19
August
$
+2
0.01-0.04
4
3
3
+
September
"
-
0.05-0.09
+
3
8
October
30
0.10-0.19
17
6
36
22
November
+2
0.20+
20
35
2+
December
+0
8
(
Alcohol involvement :-
highest in nighttime (9
pm to 6 am) single-ve-
hicle crashes
tally injured between 1) pm and 6 am. 62 percent have BACs at or
above 0.10 percent. During other hours the percentage IS 23. Half
of all fatally injured drivers on weekends (6 pm Friday to 6 am
Monday) have BACs of 0.10 percent or more. During the rest
of the week, the proportion is 31 percent.
Alcohol involvement is highest in nighttime (9 pm to 6 am) single-
vehicle crashes, in which 71 percent of fatally injured passenger
vehicle drivers in 1989 had BACs at or above 0.10 percent. Only
19 percent had no alcohol in their blood. Because of this high per-
Percent of Fatally
Injured Drivers of
centage of alcohol involvement in nighttime single-vehicle crashes.
Passenger Vehicles with
changes in this type of crash are often used as d measure of the
BACs ≥ 0.10 Percent
changing role of alcohol in highway crashes and fatalities.
by Day and Time, 1289
Seventy-two percent of all motorcyclists killed in nighttime single-
2pm-6am
6am-9pm
vehicle crashes in 1989 had very high BACs (0.10 percent or great-
Sunday
65
32
er). Only 15 percent had no alcohol in their blood. Eighty-four per-
Monday
57
18
cent of the motorcycle drivers age 25-34 killed in nighttime single-
Tuesday
56
15
vehicle crashes had very high BACs.
Wednesday
65
17
Thursday
58
20
Fifty-nine percent of the adult pedestrians killed in nighttime
Friday
63
22
crashes with motor vehicles in 1989 had yery high BACs (1) 10 per-
Saturday
65
33
cent or greater). Thirty-one percent had no alcohol in their blood.
Thirteen percent of all tractor-trailer drivers killed in nighttime
single-vehicle crashes in 1989 had very high BACs (0.10 percent
or greater). Seventy-eight percent had no alcohol in their blood
The percentage of all fatally injured drivers in nighttime single-
vehicle crashes with BACs at or above 0.10 percent fell from a
Percent of Fatally Injured
high of about -6 in the early 1980s to 6- percent in 1989.
Drivers of Passenger Vehicles
Drivers under 30 years old account for more than half of all drinking
with BACs ≥ 0.10 Percent
drivers who are fatally injured in crashes in the comprise 1..7 ic'nn
by Time of Day, 1989
than half of those arrested for driving thie intoxicated. The propor-
Percent
tion of drivers younger than 20 who are arrested for driving while
-0
intoxicated is only 1.4 to 1/3 of the proportion of these drivers in-
Midnight 3 am
Y'
volved in fatal crashes."
3 am - 0 am
6 am - 9 am
14
As of January 1. 1990. all but 5 states (Kentucky. Maryland. Massa-
9 am - Noon
8
chusetts. South Carolina. and Tennessee) had "per se" laws defining
Noon 3 pm
15
3 pm 6 pm
22
it as a crime to drive with a blood alcohol concentration (BAC) at or
6 pm 9 pm
44
above a proscribed level. usually 0.10 percent. People convicted of
9 pm - Midnight
50
ulcohol-impaired driving are subject to J variety of sanctions with
all states except Ven Hampshire and Wisconsin permitting all ren-
Among fatally injured
male drivers, 46 percent
had BACs of 0.10 per-
cent or more in 1989.
tences for first offenders. Eleven states Alaska. Connecticut. Kansas.
Louisiana. Nevada, Ohio, Oregon. Rhode Island. Tennessee. Utah.
Percent of Fatally Injured
and West Virginia) mandate jail or community service after a first
Drivers Whose BACs Were
conviction for alcohol-impaired driving.⁷
Tested and Reported by
State Authorities, 1989
State motor vehicle departments have traditionally imposed sanc-
Percent
tions (license suspension or revocation) after DWI convictions. Un-
Alabama
80
der a relatively new procedure - administrative license suspension
Alaska
92
- licenses may be taken before conviction when a driver fails or
Arizona
51
refuses to take a chemical test for alcohol. As of January 1990, 28
Arkansas
38
California*
90
states and the District of Columbia had administrative license sus-
Colorado"
bo
pension laws. and Congress has provided incentives for other states
Connecticut
90
Delaware
93
to enact such laws."
Dist. of Columbia
83
Flonda
71
Georgia
74
Hawaii"
I
Idaho
8
THE INFORMATION IN THIS FACT SHEET IS BASED LARGELY ON ANALYSIS
Illinois
8
OF DATA FROM THE U.S. DEPARTMENT OF TRANSPORTATION'S FATAL AC-
Indiana
CIDENT REPORTING SYSTEM. FOR FURTHER INFORMATION. SEE THE FOL-
lows
LOWING REPORTS:
Kansas
Kentucky
Borkenstein. R.F.: Crowther. R.F.: Shumate. R.P.: Ziel. W.B., and Zylman. R.
Louisiana
1974. The role of the drinking driver in traffic accidents (the Grand Rapids
Maine
84
study). Blutalkohol 11.
Maryland
Massachusetts
-Zador. P. 1990. Alcohol-related relative risk of fatal dnver injuries in relation
Michigan
02
to driver age and sex. Journal of Studies on Alcohol (in press)
Minnesota
Lund. A.K. and Wolfe. A.C. 1990. Changes in the incidence of alcohol-im-
Mississippi
Missouri
paired driving in the United States. 19-3-86. Journal of Studies on Alcohol
Montana
(in press)
Nebraska
x
Lund. A.K.: Preusser. D.F.: Blomberg. R.D.: and Williams. A.F. 1988 Drug use
Nevada*
New Hamp-hire
by tractor-trailer dnvers. Journal of Forensic Sciences 33-048-61.
VER Jersey
Fell. J.C. 1985. Alcohol involvement in fatal accidents. 1980-84. Washington.
Ven Mexico'
DC. U.S. Department of Transportation. National Center for Staustics and
Yes York
Analysis.
North Carolina
North Dakota
"You- RB and Williams. A.F 1986. Age differences in arrested
Ohio
inlved drinking drivers. Journal of Studies on Alcohol
Oklahoma
Oregon*
Insurance Institute for Highway Safety 1990 DUI DWT laws. State Lill Facts.
Pennsylv and
Arlington. VA. insurance Institute for Highway Safety.
Rhode Island
South Carolina
South Dakota
Tennessee
Texas'
Luh
Vermont"
Virginia*
Washington*
90
lub 1990 Editor Anne Fleming
West Virginia
INSURANCE
Wisconsint
institute
NSTITUTE
Wyoming
FOR
in
The Insurance institute the Highway in nonprote public
percent
HIGHWAY
SAFETY
The
the
and
PAY
Pedestrians
The second largest category of mutor vehicle deaths. ajier occupants. is
pedestrians. The problem of pedestrians being bit by motor rebicles in-
Distribution of
Pedestrian Deaths
volves people of all ages alibough. on a population basis. elderly people
are affected most. This edition of Fatality Facts addresses the problem.
by Time of Day, 1969
Percent
Midnight 3 am
13
6,552 pedestrians died in motor vehicle crashes in 1989. Since 1979.
3 am. - 6 am
6
14 to 17 percent of all traffic deaths have been pedestrians.
6 am - 9 am
8
9 am - Noon
6
Seventy percent of pedestrian deaths are males.
Noon - 3 pm
8
3 pm 6 pm
14
Pedestrian deaths per 100,000 people have decreased by 28 per-
6 pm - 9 pm
24
cent during the past decade (from 3.6 in 1980 to 2.6 in 1989). with
9 pm - Midnight
20
the largest declines accounted for by the youngest and oldest age
groups. Between 1980 and 1989, the rate for 0-9 year olds decreased
38 percent. It decreased 43 percent for 10-19 year olds and 30 per-
cent for those 65 and older during the same time period.
Percentage of
Pedestrian death rates among the elderly have been decreasing since
Pedestrian Deaths
at least 1950.1 Still. people 65 years and older have the highest
at Intersections, 1989
pedestrian death rates. Starting at age 75. the rate is more than revice
Age
Percent
as high as it is for younger people. Twenty-two percent of all motor
1)-+
10
vehicle deaths of people 65 years and older involve pedestrians.
5.19
11
20-34
10
Twenty-five percent of all elderly pedestrian deaths occur at inter-
5504
1.
sections, compared with only 10 percent in the case of children +
195-
25
years and younger.
Pedestrian Deaths per 100,000 People
Total Pedestrian Deaths
Maie
Female
Total
0-9
10-19 VTS
20-34 yrs
35-04-15
05-15
All Age
- -
1980
36
1980
5013
144
2.9
28
3.3
31
:-:
: ,5.
:....
1981
2.-
. :
33
3"
1.
:
-
1982
51H
2155
7.55
1982
2.+
25
3.1
2.8
:+
32
1983
4.73
2.50
?
1983
2.3
23
3.0
2.6
$ 1
2.9
1944
5.013
2005
7.025
1984
2.2
2.2
2.9
27
52
30
1985
H.00H
2.131
0.00
1985
2.3
20
2.7
2.6
5.1
29
1986
+.-1
2.004
6.0
1986
2.1
21
2.8
2.5
+9
2.8
1987
+
:....-
0.745
1987
2.0
2.0
2.6
2.6
50
2.8
1988
4.753
2.111
0.869
1988
2.2
19
2.7
2.6
52
2.8
1989
4.594
1.955
0.552
1989
1.8
1.0
2.6
2.6
T
2.0
inc lude 4% unknowns
Fatality Facts 1990
Published by the Insurance Institute for Highwan safet:
22
Most serious pedestrian
injuries result from strik-
ing the hood, windshield,
or top of a vehicle.
Forty-two percent of all motor vehicle deaths of 1-9 year olds are
pedestrians.
Seventy percent of pedestrian deaths occur in urban areas. However,
the ratio of deaths to injuries is higher in rural areas because of high-
er impact speeds on rural roads.²
Fatal pedestrian-motor vehicle collisions occur most often between
Distribution of
6 and 10 pm. They're more likely to occur on Friday and Saturday
Pedestrian Deaths
than on other days of the week.
by Day of Week, 1989
Fifty-nine percent of pedestrians 16 years and older killed in night-
time crashes with motor vehicles in 1989 had very high blood alco-
Percent
hol concentrations (0.10 percent or more). Thirty percent had no
Sunday
14
alcohol in their blood.
Monday
12
Tuesday
12
The percentage of fatally injured adult pedestrians with blood alco-
Wednesday
12
hol concentrations of 0.10 percent or more didn't decline in the
Thursday
14
1980s. while the percentage of all motor vehicle drivers with blood
Friday
18
alcohol concentrations this high decreased by 20 percent during the
Saturday
18
same time period.³
Most serious pedestrian injuries result from striking the hood_ wind-
shield, or top of 2 vehicle - - not from subsequent impact with the
Distribution of
road or being run over.⁴
Pedestrian Deaths
by Month, 1989
THE INFORMATION IN THIS FACT SHEET IS BASED LARGELY ON ANALYSIS
OF DATA FROM THE L.S DEPARTMENT OF TRANSPORTATIONS FATAL AC-
Percent
CIDENT REPORTING SYSTEM. FOR FURTHER INFORMATION. SEE THE FOL-
January
9
LOWING REPORTS:
February
"Whifield. R.A. and Fife. D. 198- Changing patterns in motor vehicle crash
March
8
mortality. 1940-1980 Accident Analysis and Prevention 19:261-69
April
-
2Baker. S.P.; O'Neill. B.: and Karpf. R.S. 1984. The injury fact book. Lexington.
May
MA: D.C. Heath and Company.
lune
-
"Williams. A.F. and Lund. A.K. 1990 Alcohol impaired driving and crashes in-
lun
5.
volving alcohol in the United States during the 1970s and 1980s Proceedings
August
or
of the 11th International Conference on Alcohol. Drugs and Traffic Safery.
September
1)
Chicago. IL: National safety Council.
October
10
*Ashion. S.J. 1979. Some factors influencing injuries sustained by child pedes-
November
9
trians struck by the fronts of cars. Proceedings of the Twenty-third Stapp Car
December
10
Crash Conference. 351-80. Warrendale. PA: Society of Automotive Engineers.
'oor, Filed Lane Reming
INSURANCE
Insurance Institute "* Highway Safety
INSTITUTE
Artinizion.
14
me!!!
FOR
insurance
Institute
for
Highway
safen
Jn
HIGHWAY
organization
that
develope
and
vehicle
SAFETY
The
institutes
which
supported
É
Use
individuals
and
through
their
23
Roadside Hazards
Many fatal crashes don't involve collisions between motor vebicles or
between a motor vehicle and a pedestrian, a motorcycle. or a bicycle.
They involve collisions with objects fixed in place beside the road-
trees, poles, barriers, buildings, ditches, embankments- - that can in-
crease crash risk or crash severity. This edition of Fatality Facts ad-
dresses the problem of roadside bazards.
12,741 people were killed in 11,720 crashes involving roadside haz-
ards in 1989. This represents 28 percent of all deaths in motor vehi-
Deaths in Roadside
Hazard Crashes
cle crashes.
Single
Ninety-seven percent of roadside hazard crashes involve one vehicle.
Vehicle
All
The most common point of first impact in fatal single-vehicle road-
1980
14,818
15.232
side hazard crashes is the front (67 percent) of the vehicle. Frontal
1981
13.607
14.076
crashes with roadside hazards resulted in 8,234 deaths in 1989.
1982
12.024
12.428
1983
11.811
12.178
Twenty-six percent of the deaths in roadside hazard crashes involve
1964
12.044
12.455
striking a tree. the most frequently struck fixed object. Other deaths
1985
11.789
12.234
in these crashes involve striking utility poles, sign posts. light sup-
1986
12.930
13.332
ports. other poles and posts (20 percent). guardrails and other traf-
1987
12.488
12.938
fic barriers (11 percent). embankments (11 percent ditches 1- per-
1988
12.602
1313
cent). curbs (5 percent), and culverts (4 percent). The rest involve
1989
12.302
12.741
bridge piers and railings. concrete barriers, etc.
Thirty-seven percent of roadside hazard crash deaths occur in vehi-
cles that roll over. Fatal rollover crashes are most likely to be associ-
ated with striking an embankment. tree. guardrail. utility or other
Distribution of Deaths in
pole or post. culvent. curb. or ditch.
Roadside Hazard Crashes
by Point of First Impact.
1989
Thirty-two percent of roadside hazard crashes invoive ejection.
Ejections are most common when the vehicle strikes J tree. embank-
ment. unlity pole. other pole. post. or sign support. or when it hits
Front (11-1 o'clock
a guardrail. ditch. culvert, or curb.
Right 12-1 Check
11
Left (8-10 o'clock)
10
Trees are the most frequent fatality- and injury-producing hazard in
Rear (5.7
single-vehicle roadside hazard crashes. Trees are followed by wood-
Undercamage
or
en utility poles, embankments. ditches, and culverts. These five haz-
Top
ards account for 70 percent of all injuries and almost 60 percent of
Other unknown
+
all deaths in roadside hazard crashes.¹
Fatality Facts 1990
Published m. the Insurance Institute for Highway Safe:.
24
Frees die the most frequent
fatality- and injury-producing
hazard in single-vehicle road-
side hazard crashes.
Distribution of Deaths in
Distribution of Deaths in
Distribution of Deaths in
Roadside Hazard Crashes
Roadside Hazard Crashes
Roadside Hazard
by Time of Day, 1989
Crashes by Day of
by Location, 1989
Week, 1989
Percent
Percent
Percent
Roadway
1
Midnight 3 am
24.)
Sunday
20
Shoulder
3 am 6 am
12
5
Monday
11
6 am 9 am
7
Median
5
Tuesday
10
9 am Noon
5
Wednesday
11
Roadside
47
Noon 3 pm
9
Thursday
11
Outside right of way
5
3 pm 6 pm
11
Friday
15
Off road, unknown
6 pm 9 pm
13
Saturday
23
location
36
2 pm Midnight
18
Deaths in Roadside Hazard
(
Crashes by Objects Struck,
Percent of Deaths in Roadside Hazard Crashes
1989
by Light and Road Surface, 1989
-
Daylight
Dark
Dark.Lighted
Dawn/Dusk
Tree/shrub
3.255
Utility pole
1.401
Dry
27
37
15
3
Embankment
1.317
USY shopery
6
8
3
1
Guardrail
1.152
Ditch
811
Curb
665
Culvert
525
Bridge pier abutment
231
Distribution (Percent) of Deaths in Roadside Hazard
Bndge railing
180
Crashes According to Ejection, 1989
Bridge parapet
-3
Concrete other barner
237
No Ejection
Partial Ejection
Total Election
Highway -ign support
399
-
Guardrail/barrier
1
+
Light support
1-3
Pole. post, support
14
1
+
Other post pole
+38
Culvent. curb. ditch
10
1
5
Fence
+++
Embankment
5
1
4
Wall
140
Tree. shrubbery
21
1
+
Building
4
Fence. wall
3
<1
1
Other
-64
Other
8
1
2
Total
12.302
25
Fill ->i.\ percent is all drivers
who are killed in roadside
hazard crashes have very high
blood alcohol concentrations.
Although only 3 percent of all motor vehicle crashes involve trees.-
this kind of crash accounts for 24 percent of all vehicles in fatal road-
side hazard crashes and 26 percent of all deaths in these crashes.
Fourteen percent of the deaths in roadside hazard crashes occur on
Distribution of Deaths In
interstate highways, freeways, or expressways. Fifty-two percent oc-
Roadside Hazard
cur on major streets and highways, and 32 percent are on minor
Crashes by Month, 1989
and local roads.
Percent
Sixty-three percent of the deaths in roadside hazard crashes occur
January
on rural roads.
February
7
March
8
Thirty-eight percent of the vehicles in fatal roadside hazard crashes
April
8
are operated by young drivers (24 years and younger). Elderly drivers
May
8
(65 and older) operate 7 percent of such vehicles. Fifty-three percent
June
8
July
9
of the drivers in fatal roadside hazard crashes are men under 35
August
9
years old.
September
9
October
9
Seventeen percent of the people killed in roadside hazard crashes
November
8
are teenagers (16-19 years old). About half (46 percent) are 20-34
December
9
years old.
Fatal roadside hazard crashes occur about twice as often II night 1.
during the day. Twenty-one percent of the deaths in these crashes
occur on Friday and Saturday nights between 9 pm and 3 am.
Deaths in Roadside
Hazard Crashes, by
Fifty-six percent of all drivers who are killed in roadside hazard
Age and Sex, 1989
crashes have very high blood alcohol concentrations 0.10 percent
or higher).
Age
Male
Female
0-12
159
145
Crashes on curves account for +3 percent of all deaths in madside
13-19
1.696
091
hazard crashes Another 33 percent of the deaths
20-34
4.4%
1.115
on hills.
35-++
1.259
36+
45-54
614
201
Crashes on wet or slippery roads account for 1- percent of all deaths
55-64
+6.7
156
in roadside hazard crashes. Sixty-one percent of the deaths in crashes
65+
567
349
on slippery roads occur at night. 41 percent occur on curves. and 3-
Total
9.272
3.02-
percent occur on hills.
*includes age unknowns: ex-
cludes 3 cases of age and ex
unknown
More than half (54 percent) of the deaths in roadside hazard crashes
occur on high-speed roads (55-65 mph speed limits).
26
More than hair of the
deaths in roadside haz-
ard crashes occur on
high-speed roads.
As the width of the clear area at the roadside is increased. the pro-
portion of vehicles that leave the road but don't crash increases. If 2
Deaths In Roadside Hazard
10-foot clear area were widened to 35 feet, roadside hazard crashes
Crashes by Type of Road,*
could be expected to decline by 10 percent at that site.¹
1989
Rural
Urban
Seventy percent of the vehicles in run-off-the-road crashes are track-
Freeways
683
1,063
ing (i.e., they're not sliding or skidding) when they leave the road.
Vehicles running off the left side of the road more often slide or
Major roads 4,516 1,887
Minor roads 2,556
1.535
skid than do vehicles running off the right side.¹
"excludes 62 unknowns
THE INFORMATION IN THIS FACT SHEET IS BASED LARGELY ON ANALYSIS
OF DATA FROM THE U.S. DEPARTMENT OF TRANSPORTATIONS FATAL AC-
CIDENT REPORTING SYSTEM. FOR FURTHER INFORMATION. SEE THE FOL-
LOWING REPORTS:
!Perchonok. K.: Ranney, T.A.: Baum. A.S.: Morris. D.F.: and Eppich. J.D. 1978.
Hazardous effects of highway features and roadside objects. Washington. DC:
Federal Highway Administration.
-Zeigler, A.J. 1987. Risk of vehicle-tree accidents and management of roadside
trees. Transportation Research Record 112" Washington. DC. National
Research Council.
fah (40ml Editor
INSURANCE
Insurance Institute for Highway safety
INSTITUTE
FOR
The Insurance Institute
HIGHWAY
:
SAFETY
The
27
State by State
The number and type of motor vebicle crash deaths differ widely among the 50 states. as indicated by
the tables on pages 2 and 3. Reasons for such variations include differing degrees of urbanization.
amounts of travel, types of travel, types of vebicles, state laws, emergency care capabilities, weather,
topography, and a variety of other factors. This edition of Fatality Facts lists motor vehicle fatality infor-
mation by state, based on analysis of the U.S. Department of Transportation's Fatal Accident Reporting
System, and addresses some of the reasons for the wide fatality differences among states.
40,718 fatal motor vehicle crashes occurred in the United States in 1989. and 45,555 deaths
occurred in these crashes.
The size of a state has an obvious impact on the number of motor vehicle deaths. The four most
populous states (California. Florida, New York, and Texas) accounted for 31 percent of the 45,555
motor vehicle deaths that occurred in 1989. California had the most motor vehicle crashes (4.877)
and crash deaths (5.412). Alaska (79 crashes, 84 deaths) and North Dakota (76 crashes. 81 deaths)
were the states with the fewest.
Even when a state's population is taken into account. motor vehicle death rates still vary consid-
erably. from a low of 10 per 100,000 people in Rhode Island to 35 per 100.000 people in New
Mexico. The national rate of motor vehicle deaths in 1989 was 18.
The jurisdictions with the lowest motor vehicle death rates per 100.000 people in 1989 were Rhode
Island (10), the District of Columbia (12). Massachusetts (12). New Jersey (12). and North Dakota
(12). States with the highest rates in 1989 were New Mexico (35). Mississippi (28). Nevada (28).
South Carolina (28). Arkansas (27). and Wyoming (27).
Nationwide. most motor vehicle deaths (55 percent) in 1989 involved occupants of passenger cars.
In most of the 50 states, too, passenger car occupants accounted for the majority of the deaths.
Exceptions were Alaska, Arizona. California. the District of Columbia. Hawaii. Louisiana. Montana.
New Mexico. North Dakota, Texas. and Wyoming.
The percentage of motor vehicle deaths involving occupants of pickups. van- and unlin vehicles
was 19 for the nation in 1989. However, this percentage is much higher in western states - 48 per-
cent in Wyoming, where a higher percentage of people died in pickups. vans. and utility vehicles
than in passenger cars.
The percentage of motor vehicle deaths involving motorcyclists in 1989 ranged from 1 in North
Dakota to 13 in Rhode Island, 12 in Connecticut and New Hampshire.
The percentage of motor vehicle deaths involving pedestrians in 1989 ranged from 2 in Wyoming
to 26 in New York and 24 in New Jersey (42 percent in the District of Columbia). The national
rate was 14.
Fatality Facts 1990
Published by the Insurance Institute for Highway Safety
28
Motor Vehicle Deaths, 1989
Passenger Vehicle Occupant Deaths
Fatal
Deaths per
Deaths per 100,000
Deaths per 100,000
Number
% Single
" Nutcome
Crashes
Deaths
People
Registered Vehicle
Licensed Driver
Deaths
Vehicle
Single
Alabama
918
1020
25
25
+9
MO
51
=,
Alaska
-9
I
16
23
28
58
+1
:
Anzona
-11
879
25
32
:-
(W)
7
Arkansis
i
(H⁻
2-
is
3
:-
:
:,
California
4.87
5.412
19
25
28
3.59
S
",
Colorado
+82
528
16
18
24
394
:,
1-
Connecticut
379
+06
13
15
17
270
55
34
Delaware
108
116
17
22
24
91
52
36
Dist. of Columbia
70
72
12
27
18
35
+6
3
Florida
2,685
2,982
24
26
33
1,951
39
21
Georgia
1,422
1,632
25
30
37
1.250
+6
22
Hawaii
129
149
13
21
23
95
49
33
Idaho
212
238
23
25
33
186
59
25
Illinois
1,545
1,748
15
22
24
1.264
47
38
Indiana
882
971
17
23
26
61
42
22
Iowa
451
514
18
20
27
+00
43
26
Kansas
371
428
17
19
25
34"
49
28
Kentucky
686
772
21
27
32
6+8
51
23
Louisiana
778
874
20
29
34
646
49
28
Maine
178
193
16
20
22
140
+6
7,
Maryland
654
726
15
21
23
526
37
21
Massachusetts
638
"00
12
18
16
+70
58
$
Michigan
1.464
1.631
18
22
25
1.303
41
25
Minnesota
538
604
14
18
24
+65
+2
21
Mississippi
621
726
28
40
39
no2
.I
A
Missouri
936
1,052
20
27
30
863
51
1,
Montana
163
181
22
25
34
12-
08
x
Nebraska
257
296
18
22
27
235
+,
i,
Nevada
2-6
308
28
3-
40
20
63
F.
New Hampshire
165
18-
1-
19
23
1+5
of
i.
New Jersey
81+
891
12
15
16
598
7
::
New Mexico
+69
538
35
+3
51
497
if
2+
New York
2.075
2.257
13
22
22
1.434
C
y,
North Carolina
1.321
1.471
22
28
33
1.147
I
2)
North Dakota
76
81
12
12
10
01
for
R
Ohio
1.574
1.72
16
20
2+
1.318
'T
f,
Oklahoma
569
648
20
25
x)
509
"
2+
Oregon
5th
626
22
26
in
1124
in
i,
Pennsylvania
1.711
15
In
24
24
1.18
:
Rhode Island
97
100
10
15
15
:'
I
is
South Carolina
895
996
28
+0
+2
-58
53
v,
South Dakota
134
152
21
21
31
122
?
Tennessee
977
1.088
22
25
34
906
I
&
Texas
2.923
3.357
20
5
5
2.435
51
A
Utah
269
303
18
26
31
232
"
19
Vermont
109
116
20
25
28
93
3
25
Virginia
918
1,004
16
21
2+
765
51
1,
Washington
694
"81
16
19
2+
1
c
r.
West Virginia
+(X)
+08
25
55
is.
...
51
Wisconsin
-1+
817
1-
20
25
54
-4
is
Wyoming
113
127
1,
26
4.
:-
on
US Total
+0.718
45,555
18
24
7,
33516
",
29
Motor Vehicle Deaths by Type, 1989
Pickup/Van/Utility
Passenger Car Occupants
Vehicle Occupants
Tractor-Trailer Occupants
Motorcyclists
Protessions
Number
Percent
Number
Percent
Number
Percent
Number
Per with
Number
Percent
Alabama
625
61
235
23
19
:
I
i
$2
11)
23
"
,
"
10
::
13
Alasha
11)
53
+'
233
27
15
I
"6
"
126
14
Anzona
32+
50
204
32
19
3
21
3
::
,
Arkans
Cultornia
2,498
40
1,051
19
58
1
020
11
1
18
-
::
10
Colorado
271
51
123
23
12
2
37
Connecticut
225
55
45
11
+
1
50
12
64
16
Delaware
71
61
20
17
2
2
+
3
17
15
Dist. of Columbia
31
43
+
6
0
0
+
6
30
42
Florida
1,591
53
360
12
32
1
206
7
655
22
891
55
359
22
20
1
60
+
214
13
Georgia
Hawaii
71
48
24
16
0
0
16
11
30
20
Idaho
121
51
65
27
9
4
25
11
12
5
1,061
61
203
12
34
2
126
7
283
16
Illinois
Indiana
611
63
150
15
15
2
66
7
77
8
43
8
40
8
Iowa
294
57
106
21
8
2
Kansas
245
57
102
24
13
3
25
0
33
8
Kentucky
+82
62
166
22
13
2
21
3
$
9
221
25
16
2
36
1
138
16
Louisiana
125
49
Maine
119
62
21
11
+
2
17
9
25
13
Maryland
404
56
122
17
5
1
39
;
13"
19
Massachusetts
393
56
T
11
3
0
63
9
141
20
188
Michigan
1.057
65
246
15
6
0
68
+
12
finnesota
361
60
104
1"
6
I
37
6
3i
11
Mississippi
+38
())
164
23
18
:
23
3
08
9
Missoun
603
57
260
25
23
2
+5
+
90
9
Montana
65
36
62
34
10
0
10
9
20
11
Nebraska
167
56
68
23
8
3
13
+
27
9
Nevada
158
51
82
2"
3
1
20
"
5
12
New Hampshire
119
13
26
1+
2
1
21
12
10
5
kn Jersey
500
56
9H
11
1-
2
30
3
217
2+
New Mexico
206
38
191
36
12
2
31
"
85
10
New York
1.207
53
227
10
14
1
131
n
580
26
North Carolina
880
00
26-
18
28
2
to
3
203
1+
North Dakota
+0
49
21
26
0
0
1
1
10
12
Ohio
1.100
62
218
12
12
I
160
"
199
il
-
Oklahoma
333
51
176
27
15
:
+3
02
In
-
Oregon
329
53
105
20
to
3
++
==
Pennsy hand
1.182
03
230
13
25
1099
20
:-
-
Rhode Island
02
62
10
10
"
0
13
1.5
13
13
South Carolina
5-0
5-
188
19
13
I
+9
"
12%
12
South Dakota
85
56
3-
24
1
1
12
8
8
5
Tennessee
647
59
259
24
16
1
59
5
8"
8
-
Texas
1.548
to
887
26
++
1
230
It
Utah
159
52
1.0
24
2
1
23
8
20
13
Vermont
1
04
19
16
1
I
6
5
10
9
Virginia
585
58
180
18
18
2
35
's
140
14
Washington
+21
.1
150
20
4)
1
no
1)
(18)
1.
-
West Virginia
204
03
109
23
9
1.)
,
-
:
-
Wisconsin
525
(H
110
15
:
as
,
;
-
-
Wyoming
+-
5-
01
18
1
5
:
5
-
-
Total
2492
55
8,619
19
048
1
5.0%
6552
Even when a state's popula-
tion is taken into account.
motor vehicle death rates
still vary considerably.
luk 1991. Editor Anne Fleming
INSURANCE
Insurance Institute for Highway Safety
INSTITUTE
1005 North-liche Road. Arlington 14 2251
:7114, 20
FOR
The Insurance Institute for Hughway n when in independent aprobit past -
HIGHWAY
we organization that developm and muster reduce
SAFFTY
The Inster work 14 which hi the cution pert: -:
....f.
valuals
and
strude
35
Tractor-Trailers
Tractor-trailers account for far more than their share of bigbuay
deaths and injuries. This edition of Fatality Facts addresses the problem
of deaths and injuries in tractor-trailer crasbes.
4,242 people died in tractor-trailer crashes in 1989 - 15 percent
were truck occupants, the majority passenger vehicle occupants.
Deaths in
In fatal crashes involving passenger cars and tractor-trailers, the
Tractor-Trailer Crashes
car occupants are killed 49 times as often as the truck occupants.
Tractor-trailers were in 3 percent of all police-reported crashes in
1980
4.+12
1986. They accounted for 9 percent of all fatal crashes in 1980-89.1
1981
4.51-
Tractor-trailers have lower per-mile crash rates than cars because
1982
4,100
they travel so many more of their miles on well-designed interstate
1983
+.246
highways where death rates are less than half those on other roads.
1984
4.477
Only 22 percent of all passenger vehicle mileage is on interstates.
1985
4.531
while tractor-trailers put in 49 percent of their miles on interstates.²
1986
4.375
One out of four deaths in tractor-trailer crashes occurs on interstate
1987
4.272
highways. Only about 5 percent occur on local roads.
1988
4.472
On toll roads. tractor-trailers have higher per-mile crash rates than
1989
4.242
passenger vehicles - 6 percent more crashes per mile than passen-
ger vehicles in New York. 23 percent more in Kansas. 34 percent
more in Florida. and 69 percent more in New Jersey.
More tractor-trailer crash deaths occur on weekdays than on week-
Deaths in Two-Vehicle Crashes
ends. More occur from 6 am to 6 pm than at other times of the day.
Involving Tractor-Trailers and
These deaths are distributed approximately evenly by month of year.
Passenger Cars
Double trailer trucks (i.e., tractors pulling two trailers) are 2 to 3
Passenger
Tractor
times as likely as other big trucks to be in crashes. according to a
Cr
Traders
study in Washington State. This comparison of interstate highway
1980
1.843
50
crash rates holds regardless of driver age. truck weight. hours of
1981
1972
:-
driving. size 01 liett. or involvement of other vehicles. Double trail-
1982
1.765
50
er trucks are also more likely than singles to jackknife in a crash.+
1983
1.871
51
Tractor-trailers with mechanical defects are rwice as likely as those
1984
1.939
53
without defects to be in crashes. More than half of the big trucks in-
1985
1.950
+1
spected at the roadside have mechanical defects. At lease 1/3 have
1986
1.90+
48
5
defects serious enough to require putting them out of service.⁵
198-
1.830
59
+,
1988
1.962
51
Tractor-trailers require more distance than cars to stop. In tests. a
1989
1.80+
37
loaded tractor-trailer took 47 percent farther than a passenger car
to stop from 55 mph (196 vs. 133 feet).⁶
Fatality Facts 1990
Published by the Insurance Institute jur Highway Safety
In fatal crashes involving
passenger cars and tractor-
trailers, the car occupants
are killed 49 times as often.
Deaths in Tractor-Trailer Crashee
Relative Risk of Crash
Involvement for Various
Total
Tractor-Trailer
Truck Types on Interstates
Deaths
Occupants
Others
All
Single
1980
4,412
887
3,525
Crashes
Vehicle
1981
4,517
840
3,677
Single unit
0.3
0.4
1982
4,100
728
3,372
Single unit truck
plus trailer
18
22
1983
4,246
735
3.511
Tractor only
0.8
0.6
1984
4.477
853
3,624
Tractor-trailer
1.0
0.8
1985
4,531
751
3,780
Rocky mountain
double
30
3.0
1986
4.375
696
3.679
Western double
3.0
3.1
1987
4,272
659
3.613
1988
4.472
711
3.761
1989
4,242
648
3.594
Crashes per Million Vehicle
Miles, Tractor-Trailers and
Passenger Vehicles
Fatal Truck Crashes by Configuration, 1989
on Toll Roads
Deaths
Fatal Crashes
Passenger
Tractor
Vehicles
Trailers
Single unit
1,015
908
Florida
0.89
1.19
Single unit plus trailer(s)
105
91
Kansas
1.86
2.28
Tractor only
501
+22
New Jersey
1.48
2.50
New York
1.25
2,928
1.33
Tractor-trailer
3.479
Double
230
189
Triple
32
26
Distribution of Deaths
in Tractor-Trailer Crashes
by Time of Day, 1989
Deaths in Tractor-Trailer Crashes by Highway Type, 1989
Percent
Major
Minor
Midnight 3 an
11
Freeways
Roads
Roads
3 am 6 am
10
Single-vehicle crashes
174
190
28
6 Jm 0 um
13
1) am Non
:-
Multiple-vehicle crashes
-96
2.342
171
Noon 2 pm
10
Crashes involving
3 pm pm
15
pedestrians. bicyclists
147
147
40
6 pm ') pm
11
') pm Midrogr
11
37
Double trailer
trucks are 2 to 3
times as likely
to be in crashes.
After tractor-trailer brakes have been used repeatedly and become hou
braking can deteriorate. The problem is more serious if the truck's
brakes aren't properly adjusted. (All cars have self-adjusting brakes,
but most tractor-trailers don't. This means truck brakes are more like-
ly to be out of adjustment.) In tests, a car with hot brakes stopped
from 55 mph in 133 feet. A loaded tractor-trailer with hot brakes
near the limit of recommended adjustment took 3 times as far.6
Antilock brakes, which keep wheels from locking up during braking,
will be required as of October 1991 on new tractor-trailers in Europe's
common market countries. Tractors will have to have antilocks on all
wheels. Trailers must have them on at least 2 wheels on opposite
sides. Very few tractor-trailers in the United States have antilocks,
Distribution of Deaths
and there are no plans to require them.
in Tractor-Trailer Crashes
by Month, 1989
Federal regulations require that interstate truck drivers operate not
more than 10 hours following 8 hours off duty nor more than 60
Percent
hours in any 7 consecutive days. Drivers are required to maintain
January
7
written logs of driving hours. but federal inspectors found 83,1+9
February
7
hours-in-service. logbook, and related violations sufficient to put
March
8
drivers out of service during 1.227,704 inspections in 1988.
April
8
May
7
Drivers who have been behind the wheel long. hours (more than 8)
June
8
on interstates are twice as likely as drivers who are rested to be in-
July
9
volved in crashes. During a 1.200-mile route from Washington to
August
10
Minnesota. researchers estimated that as many as 9 out of 10 tractor-
September
9
trailer drivers were in violation of hours-in-service regulations.⁸
October
9
November
9
Six percent of all fatally injured tractor-trailer drivers in 1989 had very
December
8
high blood alcohol concentrations (0.10 percent or greater). In night-
time single-vehicle crashes the corresponding percentage is 13. (This
is based on data from 29 states.)
Driver impairment because of fatigue is the most important crash cac-
sation factor. according to an 8-state study. One-third of the drivers
Distribution of Deaths
tested positive for one or more drugs of abuse - 13 percent for man-
in Tractor-Trailer Crashes
juana. 13 percent for alcohol. 9 percent for cocaine. 8 percent for non-
by Day of Week, 1989
prescription stimulants, and 7 percent for prescription stimulants.⁹
Among 317 tractor-trailer drivers surveyed randomly along an inter-
Percent
state highway in 1986. 29 percent had used drugs with potential for
Sunday
6
abuse. Marijuana was detected in 15 percent. Its active ingredient was
Monday
14
found in 3 percent, indicating the drivers were either frequent users or
Tuesday
15
had used manicana recently. Nonprescription stimulants were found
Wednesday
16
12 percent. prescription stimulants in 5 percent. and cocaine in 2 per-
Thursday
18
cent. Less than 1 percent of the drivers had alcohol in their blood 1:-
Friday
19
Saturday
10
As of April 1989. 70 states had raised maximum speed limits to 65
mph on rural interstates. But in 10 of these states California Ellinois.
38
Tractor-trailers are the
likeliest vehicles to
have radar detectors.
Indiana. Michigan. Missouri, Ohio. Oregon. Texas. Virginia. and
Washington) big trucks are held to lower speeds. with surveys in-
dicating that this policy holds down excessive truck speeds. 11
Tractor-trailers are the likeliest vehicles to have radar detectors. 12
THE INFORMATION IN THIS FACT SHEET IS BASED LARGELY ON ANALYSIS
OF DATA FROM THE U.S. DEPARTMENT OF TRANSPORTATIONS FATAL AC-
CIDENT REPORTING SYSTEM. FOR FURTHER INFORMATION, SEE THE FOL-
LOWING REPORTS:
Clark, R.M.; Leasure, W.A. Jr.; Radlinski, R.W.; and Smith, M. 1987. Heavy truck
safety. Washington, DC: U.S. Department of Transportation, DOT-HS-807-109.
2Federal Highway Administration. 1989. Highway statistics 1988. Washington,
DC: Federal Highway Administration FHWA-PL-89-003.
3Preusser. D.F. and Stein. H.S. 1987. Comparison of passenger vehicle and truck
crash rates on toll roads. ITE Journal (December 1987):39-44.
*Stein. H.S. and Jones, I.S. 1988. Crash involvement of large trucks by configura-
tion: a case control study. American Journal of Public Health 78:491-98.
5jones, I.S. and Stein, H.S. 1989. Defective equipment and tractor-trailer crash
involvement. Accident Analysis and Prevention 21:469-81.
6Jones. I.S. 1985. Truck air brakes: current standards and performance. Pro-
ceedings of the 29th Conference of the American Association for Automotive
Medicine. Morton Grove. IL: American Association for Automotive Medicine.
"Federal Highway Administration. 1989. Motor carrier safety assistance program:
accomplishments and effectiveness. Washington. DC: Federal Higha 3V Admin-
istration FHWA-MC-89-029.
Average Stopping Distances
from 55 Mph in
8Hertz. R.P. 1989. The prevalence of hours of service violations among tractor-
trailer drivers. Proceedings of the 33th Conference of the Association for the
Braking Tests
Advancement of Automotive Medicine. Des Plaines. IL Association for the
Advancement of Automotive Medicine.
Passenger Car
Feet
Brakes cool
133
National Transportation Safety Board. 1990. Fatigue, alcohol. other drugs.
and medical factors in fatal-to-the-driver heavy truck crashes. Washington.
Brakes hot
133
DC: National Transportation Safety Board NTSB SS-90:01.
Tractor-Trailer
"Lund. A.K.: Preusser. DF Blomberg. R.D.. and Williams. A.F 1988 Drug use
Loaded with cool
by tractor-trailer drivers fournal of Forensic Scences 33:648-61.
brakes
:00
Esterlitz. JR.. Baum. H.: Zador. P.: and Penny. M. 1989. Different speed limits
Loaded with hot
for cars and trucks: do they affect vehicle speeds? Arlington. VA: Insurance
brakes
3-0
Institute for Highway Safety.
Empty
189
12Ciccone, M.A.; Goodson, M.; and Pollner. J. 1987. Radar detectors and speed
Tractor only
183
in Maryland and Virginia. Journal of Political Science and Administration
15:277-84.
July 1990 Editor Anne Fleming
INSURANCE
Insurance Insultute for Highway -
INSTITUTE
11815 with Glebe R.JU Articles r. A 22291
24"-1500
FOR
The Insurance Institute for Highway Salen is an independent. nonprofit subli-
HIGHWAY
service that developm and evaluates 5219 10 reduce
known The Institutes work - supported be the assum propert
SAFETY
usin insurer individuals and the - their The
Vehicle Size
Researchers have known for years that people in small cars are injured
more often and more severely in crasbes than occupants of large cars.
Small cars have less structure, mass, and size to absorb crash energy,
so more injurious forces can reach their occupants in crashes- - a
growing problem because the number of small cars and trucks on the
road bas increased in recent years. This edition of Fatality Facts ad-
dresses vehicle size, based largely on analysis of data from the U.S.
Department of Transportation's Fatal Accident Reporting System and
R.L. Polk and Company's National Vebicle Population Profile.
Occupant Deaths in
Passenger Cars
1980
27,424
45.555 people were killed in 1989 in motor vehicle crashes. More
1981
26.615
than half (24.927) were passenger car occupants. Another 8.619
1982
23.161
were riding in pickup trucks, vans. or utility vehicles.
1983
22.820
1984
23.470
The overall occupant death rate in 1-3-vear-old cars of all sizes
1985
23.050
decreased from 1984 (2.2 per 10.000 registered vehicles to 1989
1986
24.808
(2.0 per 10,000). The rate increased only for the smallest cars
1987
25,004
(2.8 in 1984, 3.0 in 1989).
1988
25,700
1050
24.927
The occupant death rate in 1-3-year-old vans. pickup trucks. and
utility vehicles decreased slightly - from 2.3 deaths per 10.000
registered vehicles in 1984 to 2.2 in 1989. The rate increased for
vans (1.2 deaths per 10.000 in 1984 to 1.6 in 1989) and for small
pickup trucks (2.9 per 10.000 in 1984 to 3.1 in 1989). while the
Occupant Deaths In Vans,
rates for large pickups and utility vehicles decreased. The greatest
Pickup Trucks, and Utility
Vehicles
decreases were for large utility vehicles (1.3 deaths per 10.000 in
1984 to 0.7 in 1989) and for small utility vehicles (3 - deaths per
1980
7.513
10.000 in 198+ to 2.3 in 1989,
:-m1
1082
0.512
The death rate in the smallest cars on the road (30 per 10,000 reg-
1983
6.340
istered vehicles 1-3 years old in 1989) IS more than double the rate
1984
in the largest cars (1.3).
1985
6.798
1986
-398
The occupant death rate is higher in small pickup trucks (3.1 per
1987
5.161
10.000 registered vehicles 1-3 years old in 1989) than in any other
kind of passenger vehicle. The second highest death rate occurs in
1988
8.404
the smallest cars (3.0 deaths per 10.000 in 1989). followed by small
1989
8.619
utility vehicles (2.3). The rate is lowest (0.-) in large Julity vehicles.
Fatality Facts 1990
Published hy the Insurance Institute for Hughway Safe:.
40
death rate in the
smallest cars on the road
is more than double
the rate in the largest cars.
The effect of car size occurs regardless of driver age. In crashes in-
volving at least one vehicle being towed away, a greater percent-
age of the occupants of small cars are killed, compared with large
cars. This is true without regard to driver age. It is true for both
single- and multiple-vehicle crashes.
Most (75 percent) of the occupant deaths in small utility vehicles
1-3 years old in 1989 occurred in single-vehicle crashes. In contrast,
31 percent of the occupant deaths in large cars (wheelbase greater
Occupant Deaths in Single-
than 109 inches) occurred in this kind of crash.
Vehicle Rollover Crashes
as a Percent of All
Small utility vehicles are disproportionately involved in fatal rollover
Occupant Deaths,
crashes. The occupant death rate in single-vehicle rollovers is about
1989
10 times as high for small utility vehicles as for large cars.
Cars by Size
Percent
Small
Wheelbase < 95 in.
23
Occupant Deaths per 1,000 Occupants in Single-Vehicle
Wheelbase 95-99 in.
21
Towaway Crashes by Driver Age, 1982-86
Midsize
Wheelbase 100-04 in.
21
Drivers
Drivers
Drivers
Wheelbase 105-09 in. 13
Cars by Size
Age < 25
Age 25-34
Age 35-54
Small
Large
(wheelbase < 100 in.)
19
33
39
Wheelbase 110-1+ in
9
Wheelbase > 114 in.
15
Midsize
(wheelbase 100-09 in.)
26
39
+1
Vans
22
Large
(wheelbase > 109 in.)
14
19
20
Pickups
Small
Weight < 3:500 the
29
Occupant Deaths per 1,000 Occupants in Multiple-Vehicle
Large
Towaway Crashes by Driver Age, 1982-86
Weight > 3,500 lbs
3-
Utility Vehicles
Drivers
Drivers
Drivers
Cars by Size
Age < 25
Age 25-34
Age 35-54
Small
Wheelbase < 100 in
01
Small
(wheelbase < 100 in.)
8
10
14
Midrize
Midsize
Wheelbase 100-20 in
to
(wheelbase 100-09 in.)
7
8
13
Large
Lirge
11 heelhase > 120 in
!-
wheelbase > 109 in.)
3
4
"
Most (75 percent) of the UC-
cupant deaths in small utility
vehicles
in 1989 occurred
in single-vehicle crashes.
Percent of Passenger
Occupant Deaths per 10,000 Registered Vehicles 1-3 Years Old
Vehicle Occupant Deaths
by Direction of Impact, 1989
by Size of Car and
Cars by Size
Front
Side
Rear
Rollover
Vehicle Type"
Small (wheelbase < 95 in.)
1.6
0.8
0.1
1.3
Small (wheelbase 95-99 in.)
1.2
0.6
< 0.1
0.8
Passenger Cars
Midsize (wheelbase 100-04 in.)
1.2
0.6
< 0.1
0.8
Small Midsize Large
Midsize (wheelbase 105-09 in.)
0.9
0.5
< 0.1
0.6
1980
12
13
33
Large (wheelbase 110-14 in.)
0.8
0.5
<0.1
0.5
Large (wheelbase > 114 in.)
0.8
0.3
0.1
0.5
1981
22
14
30
< 0.1
0.6
1982
16
16
28
Vans
0.9
0.4
1983
18
17
27
Pickups
Small (weight < 3.500 lbs.)
1."
0.5
<0.1
1.8
1984
19
20
24
Large (weight > 3.500 lbs.)
1.0
0.3
<0.1
1.0
1985
21
23
22
Utility Vehicles
1986
21
24
21
Small (wheelbase < 100 in.)
0.9
0.3
< 0.1
1.6
1987
22
26
18
Midsize (wheelbase 100-20 in.)
0.8
02
<0.1 <
1.0
Large (wheelbase ? 120 in.)
0.5
0.0
0.0
0.4
1988
23
28
16
1989
23
29
15
Passenger Vehicle Occupant Deaths per 10,000 Registered
Pickup
Utility
Vehicles 1-3 Years Old by Crash Type, 1989
Vans
Trucks
Vehicles
Single
Multiple
1980
1
7
2
Cars by Size
Vehicle
Vehicle
Total
1981
1
8
2
Small (wheelbase < 95 in.)
1.2
1.-
30
Small (wheeibase 95-99 in.)
1.0
12
21
1982
1
8
2
Midsize (wheelbase 100-04 in.)
0.9
1.2
2.1
1983
1
9
2
Midsize (wheelhase 105-09 in.)
0.6
10
1.0
1951
1
10
2
Large (wheelbase 110-14 in.)
04
1.0
:+
Large (wheeibase > 11+ in.)
0.5
08
1.3
1985
1
11
2
Vans
0.8
0.8
1.6
1986
1
12
2
Pickups
1987
1
13
3
Small (weight < 3.500 lbs.)
1.9
1.2
3.1
1988
1
14
3
Large (weight > 3.500 lbs.)
1.1
0.0
1.-
1989
2
1+
3
Utility Vehicle
Small (wheelbase < 100 in.)
1.-
0.6
2.3
*Percentages do not add to 100
Midsize (wheelbase 100-120 in.)
1.0
06
1.7
because of unknown vehicle size
Lirge (whee base > 120 in.'
11.4
0 ⁵
or rupe
All
10
1:
21
c
DUI/DWI Laws
As of January 1. 1990. all but 5 states (Kentucky. Maryland. Massachusetts South Carolina. and Tennessee
se" laus defining If as a crime to drive with a blood alcohol concentration BAC) at or above a proscribed
level. "per usually O: 10 percent. People convicted of alcobol-impaired driting are subject to a variety of sanctions.
with all states except New Hampsbire and Wisconsin permitting jail sentences for first offenders and most states
allowing judges considerable latitude in setting sentences. Eleven states mandate jail or community service after
a first conviction for alcohol-impaired driting.
State motor vebicle departments bave traditionally imposed sanctions (license suspension or revocation) after
DWI convictions. Under a relatively new procedure - administrative license suspension - licenses may be tais-
en before conviction uben a driver fails or refuses to take a cbemical test for alcohol. The arresting officer typ:-
cally takes the license at the time of the offense and initiates suspension proceedings by reporting the arrest to the
licensing authority Because administrative sanctions operate independently of criminal procedures and men x
incoked nght after artest. they've been found to be more effective than traditional post-contiction sanctions
BAC Defined
Admin. License
Hardship License'
Mandatory lait Commun."
As Illegal Per Se
Suspension?
After 1st DWT Offense?
Service for lx Offense
State
no
no
0.10 percent
no
Alabama
yes. after 30 days
in
Alaska
0.10 percent
yes
Arizona
0.10 percent
ver
yes. after 30 days
C.
no
ves
no
Arkansas
0.10 percent
California
yes
yes. after 30 days
no
0.08 percent-
no
--
Colorado
0.10 percent
i
no
yes
Connecticut
1) 10 percent
no
no
Delaware
0.10 percent
yes
0.10 percent
yes
yes
no
Dist. of Columbia
Florida
9.10 percent
i
yes after 30 days
no
0.12 percent
no
15
no
Georgia
Hawaii
0 10 percent
yes. after days
-
no
i:
Idaho
⑆ 10 percent
no
.) 111 percent
11"
Indiana
" 1.. percent
in
yes. after
lowd
11 10 percent
in
15"
10
ves. after , in
ice
Kansas
1) 10 percent
none¹
no
no
Kentucky
no
Louisiana
0 10 percent
is
yes
after
Maine
0 08 percent
yes
none¹
1.
100
é
Maryland
Massachusetts
none'
no
no
Michigan
0.10 percent
no
10
State Law Facts 1990
Publish / 191 the Insurance Institute for Highway Salery
Administrative license suspension
has
been found to be more
effective than traditional post-
conviction sanctions.
BAC Defined
Admin. License
Hardship License'
Mandatory Jail Community
State
As Illegal Per Se
Suspension?
After 1st DWI Offense?
Service for 1st Offense?
Minnesota
0.10 percent
yes
yes
no
Mississippi
0.10 percent
yes
yes. after 30 days
no
Missouri
0.10 percent²
yes
yes. after 30 days
no
Montana
0.10 percent
no
yes
no
Nebraska
0.10 percent
no
no
no
Nevada
0.10 percent
yes
yes, after 45 days
yes
no
New Hampshire
0.10 percent
no
no
New Jersey
0.10 percent
no
no
no
New Mexico
yes
no
no
0.10 percent
New York
0.10 percent
no
yes
no
North Carolina
0.10 percent
yes
no
no
North Dakota
0.10 percent
ves
yes. after 30 days
no
Ohio
0.10 percent
no
yes. after 60 days
i
Oklahoma
1) 10 percent
15
ves. after 30 days
DO
Oregon
0.08 percent
ves
yes. after 30 davs
ver
no
Pennsvivania
0.10 percent
no
no
Rhode Island
0.10 percent
no
no
10
south Carolina
none:
au
155
DU
South Dakota
0.10 percent
no
yes
no
Tenressee
none¹
no
yes
yes
Texas
" 10 percent
no
yes
no
Cuh
0.08 percent
yes
no
in
Verment
i) 10 percent
in
no
no:
Virginia
11 10 percent
no
yes
no
Washington
:1 10 percent
à
after 20 date
i:
West Virginia
!" percent
150
Wisconsin
10 percent
10
ves. after 15
no
Wyoming
10 percent
is
ver
no
'DLT DWI laws are not per we Line A BAC of 0.10 percent - evidence of alcohol importment but is rux allegar per
-The BMC that's illegal per & not the June as the BAC that invokes administrative - suspension In California. 10 percent : the three. for adminis-
suspension
In
Missour:
percent
is
the
n
or hardship. licenses allow limited driving provileges to people where increase have Incr: expended Information mense suspense n appires
to administrative license spension in with such provisions in other the to information applies suspension
The mandatory sentence applies only to tiest ortender with BAC. 15 percent and to others theme W-1* acgravated
buts 130 Futtor Anne Flemine
INSURANCE
Institute
Hughway
INSTITUTE
per
Road
Arlington
FOR
11.
HIGHWAY
SAFETY
The
Helmet Use Laws
By the early 19-0s. cirtually all states had laus requiring motorcyclists of all ages to wear belmets. However
Illinois repealed its belmet use law in 1970 and. by 1980. most states bad abandoned or substantially limited
theirs- usually restricting coverage to riders younger than 18. Legislators IN some states later reinstated mo-
torcycle belmet use laws, so that nou' all but a few states require some or all cyclists to use belmets. (Colorado,
lou'a. and Illinois don't have belmet laws. Rhode Island's law applies to motorcycle passengers only. not drivers
Helmet use rates approach 100 percent under universal belmet laws. but laws applying to some riders aren't
effective. The record of belmet law enactment, repeal. and reinstatement as of June 1990 is summarized below
Initial
Date of Repeal and or
Riders Covered
State
Effective Date
Change in Coverage
by Present Lin
Alabama
Nov. 6. 196-
-
all riders
Aiaska
jan i. 1971
coverage limited June 23. 1976
up to 18
Anzona
Jun. 1. 1969
coverage limited May 2-. 19-6
up to is AN
Arkansas
June 29. 1967
-
all riders
California
Jan. 1. 1985
-
up to 15-1 yrs
Colorado
July 1. 1969
repealed May 20. 19-
-
Connecticut
a: !. 1(x)-
repealed June 1976 limited coverage restored Jan (N)
up 11.
Delaware
June 21. 1968
coverage limited June 10. 1978
up to
Dist. of Columbia
Feb 11. 1970
-
all nuer-
Flends
Sept 13. 1905-
-
Georgia
July 1. 1969
-
all nder-
Hawaii
June 4. 196-
coverage limited June - 10-
disponds
Idaho
lan 1. 1968
coverage limited March 29. 10-m
up to
Illinois
luiv i. 1909
repealed July 1. 1970
-
Indiana
2. 1100-
repealed Aug 19- limited coverage red fan 11
lowa
Y 1. 1975
repealed Tun 1. 1970
Kansas
106.-
coverage limited July I 1070-
Kentucky
:-
-
Louisiana
Jun 31. 1968
coverage limited Oct 1. 1970 remstated in 1000
Maine
On - 196-
repealed Oct 19- limited coverage resioned July SO
up
Maryland
Juis 1. 1968
coverage limited July 1. 1979
up to 18 you
Massachusetts
May 22. 196-
-
all nders
Michigan
March 10. 196-
repealed June 12. 1908 reinstated July 29. 1909
all nders
Minnesota
May 1. 1968
coverage limited April b. 19--
up to
Mississippi
March 28. 1974
-
all riders
Missouri
e: 28 198.-
-
State Lau' Facts 1990
Published my the Insurance Institute for Hughway safety
Helmet use rates approach 100
percent under universal helmet
laws, but laws applying to some
riders aren't effective.
Initial
Date of Repeal and or
Riders Covered
State
Effective Date
Change in Coverage
by Present List
Montana
July 1. 1973
coverage limited July 1. 1977
up to 18 VTS.
Nebraska
May 29. 1967
repealed Sept. 2. 19- reinstated Jan 1. 1989
all nders
Nevada
Jan. 1, 1972
-
all riders
New Hampshire
Sept. 5. 1967
coverage limited Aug. -. 19--
up to 18 VTS
New Jersey
Jan. 1. 1968
-
all nders
New Mexico
June 16. 1967
coverage limited March 31. 1978
up to 18 VTS
NCA. York
Jan. 1. 196-
-
all riders
North Carolina
Jan. 1. 1968
-
all nuers
North Dakota
July 1. 196-
coverage limited July 1. 19-
up to 18
Ohio
Jan. 1. 1968
coverage limited July 10. 1978
up to 18 in
Oklahoma
April 27. 1967
coverage limited May 3. 19-6'
up to 18 YTS
Oregon
Jan. 1. 1968
coverage limited Oct. +. 19- reinstated June 16. 1988
all nders
Pennsylvania
July 15. 1968
-
all refers
Rhode Island
April +. 1907
coverage limited May 21. 1970
passengers on
South Carolina
July 1. 196-
coverage limited June 16. 1980
up to 21 VTS
South Dakota
July 1. 196-
coverage limited July 1. 19-
up 10 in
Tennessee
June 4. 106-
-
Texas
Jan. 1. 1968
coverage limited Aug. 20. 19- reinstated sept I 1989
11 riders
Utah
May 13. 1969
coverage limited May 10. 19-
up to
Vermont
March O. 1968
-
..' riden
Virginia
June 26. 1970
-
at
Washington
June 8. 196-
repealed Sept 21. 19- reinstated lune 19900
.ii needs
West Virginia
May 25. 1971
-
all riders
Wisconsin
Joh 1. 1908
coverage limited March 19 :-
Wyoming
May 2+ 1973
coverage limited Mav 2-. 14m3
in
belinet
use
you
applies
to
weil
to
motorcycle
-Kansas
heimet
in
amended
in
than
21
apply to nder vounger than to and. in the later amendment changed to cover the
*Mahoma's heimer use Law was amended in 198-1 to JUNE coverage to nuces counger than 21
unendment
limited
to
riders
councer
than
1:
Coung
repeal
in
Washington
heimet
use
Law
reinstated
in
July
1000
to
appix
of
in
lune
upon
rickets
Anne
come
INSURANCE
NSTITUTE
FOR
HIGHWAY
SAFETY
Safety Belt Laws
Legislators IN 36 states and the District of Columbia hat 2 enacted adje:. in'll use laus. must of which 100k effect
during 1985-8 Legislators in jour other states Massachusetts. Nebraska. Nurth Dubota. and Oregon - also
enacted safety belt laws, but these were subsequently repealed by voter referendum Sujety helt laus in most states
cover front-seat occupants only. although the laws in Alaska. California. Montana. Nerada. and Washington
cover occupants botb front and rear. In 31 of the U.S. jurisdictions with belt use laus. jront-seat occupants of
all passenger cars. pickups. vans. and utility vebicles are required to comply. In the other jurisdictions. OCCU-
pants of vehicles other than passenger cars may be exempt. Occupants of light trucks are most commonly exempt.
Safety belt laus in only 8 jurisdictions allou police to issue tickets for belt law riolations alone. In other jurisdic-
tions. motorists must have committed some other moring violation before they can be ticketed for failure in huck-
le up. These and other differences among state safety belt use laus as of June 1990 are summarized below:
Effective
Driver Responsible for
Enforcement
Max. Fine
Date
Others. By Age1
(Primary Secondary
1st Offense
State
-
-
-
Alabama
-
Alaska
Sept. 12. 1990
to 10 yrs. all seats
secondary
515
Anzona
Dec. 31. 1990
5 to 10 in front seat only
secondary
$10
-
-
-
Arkansas
-
California
Jan. 1. 1986
older than + VTS. all ear
secondary
520
Colorado
July 1. 198-
older than + in. tront seals
secondary
111
Connecticut
Jun. 1. 1986
+ to 16 yrs.. front seal only
primary
515
-
-
Delaware
-
-
Dist of Columbia
Dec 12. 1985
only
secondary
S15
Florida
July 1. 1980
is. to yrs
secondary
520
Georgia
Sept. 1. 1988
se:: niv
secondary
-15
$20
Hawan
Dec. 10. 1985
+ to 15 VTS. front seal only
primary
Idaho
July 1. 1980
eil only
secondary
55
Illinois
July 1. 1985
" ... 10 in front -eat only
49 indury
525
Indiana
Juli 1. 198-
sell only
secondary
lows
July 1. 1986
nly
primary
$10
Kansas
July 1. 1986
nive
ndin
-
Kentucky
-
-
Louisiana
July 1. 1986
-e.: inh
secondary
-
Maine
-
-
Maryland
July 1. 1986
to 16 yrs. front est only
" ndary
-_5
Massachusetts
-
-
Michigan
tuh 1. 1985
T
is
front
or...
C. ndan
Minnesota
Aug. 1. 1986
+ to 11 ITS. all reals
secondary
sie
Mississippi
March 20. 1990
self only
primary
none
Missouri
Sept. 28. 1985
+ to 16 yrs. front cill only
secondary
÷
Montana
Oct. 1. 198-
all occupants order than 15
read
-
State Law Facts 1990
Probished In the Insurance Institute for Highu Safety
In most states. motorists must
have committed some other vio-
lation before they can be ticket-
ed for failure to buckle up.
Effective
Driver Responsible for
Enforcement
Max Fine
State
Date
Others, By Age'
Primary Secondary
1st Offense
-
-
1
Nehraska
-
July 1, 1987
5 to 18 yrs., all seats
secondary
$25
Nevada
-
-
-
New Hampshire
-
New Jersey
March 1, 1985
5 to 18 yrs., front seat only3
secondary
$20
New Mexico
Jan. 1. 1986
self only
primary
$50
New York
Dec. 1. 1984
+ to 16 yrs.. front seat5
primary
S50
6 to 16 yrs., front seat only
primary
$25
North Carolina
Oct. 1. 1985
-
-
-
North Dakota
-
Ohio
May 6. 1986
older than 4 yrs.. front seat only
secondary
$20
Okiahoma
Feb. 1. 1987
seif oniv
secondary
525
-
-
-
Oregon
-
Pennsylvania
Nov. 23. 1987
+ to 18 yrs., front seat only
secondary
S10
-
-
-
Rhode Island
-
South Carolina
July 1. 1989
6 to 17 VTS.°
secondary
510
-
-
South Dakota
-
-
April 21. 1986
+ to 16 yrs., front sear only
secondary
none
Tennessee
Texas
Sept. 1. 1985
4 to 15 VTS., front seat only
primary
$50
April 28. 1986
5 to 18 yrs. tront real only
secondary
Ste
Utah
-
-
-
Vermont
-
fun I 1988
+ to 16 ITS. front eat only
secondary
$25
Virginia
Washington
lune 11. 1980
to 10 vrs. all reals
secondary
..-
-
-
West Virginia
-
-
Wisconsin
Dec. 1. 198-
+ to 10 in
secondary
:
Wyoming
lune X. 1989
older than 2 yrs.. front seat only
secondary
in
virtusity
responsible
for
their
own
compitance
Driver
-late
adult
are
exempt
in
hell
in
exempt in
'Il
the
youngster
are
the
Invers
chikdren
the
driver
nable
for
to
Driver
and
sixo
hildren
are
nuing
in
the
rear
PSatery helt laws in South Carolina and Wisconsin cover all occupants in front seats plus those in rear real- where shoulder are available
invest
fining
hell
Law
the
pour
INSURANCE
INSTITUITE
FOR
HIGHWAY
SAFETY