1. CALIFORNIA’S LEADERSHIP ROLE IN ESTABLISHING PELs CIHC Annual Conference December 6, 2010 Westgate Hotel, San Diego, CA Howard B. Spielman, PE, CIH, CSP, REHS President HEALTH SCIENCE ASSOCIATES 10771 Noel Street Los Alamitos, CA 90720 Phone: 714-220-3922 www.healthscience.com hspielman@healthscience.com

2. HISTORY OF OELs 191220 acute exposure limitsGermany 192133 hazardous air concentrationsU.S. Bureau of Mines 1930First MAC list of 30 chemicalsRussia 1938100 OELsGermany 1946First list of MACsACGIH 1950MACs became known as TLVsACGIH 1962First Documentation of TLVsACGIH Today:Approximately 700 TLVsACGIH Since 1945:Multiple countries adopted ACGIH TLVs Backdrop: Over 80,000 chemicals in U.S. Commerce

3. U.S. OEL SETTING ACTIVITY  OSHAPELs  NIOSHRELs  ACGIHTLVs  AIHAWEELs  EPALimited activity  Individual States

4. U.S. OEL SETTING ACTIVITY

5. 1927Longshoremen’s & Harbor Workers’ Compensation Act Adopted 1960 ACGIH List

6. U.S. OEL SETTING ACTIVITY 1927Longshoremen’s & Harbor Workers’ Compensation Act Adopted 1960 ACGIH List 1936Walsh-Healy Public Contracts Act Incorporated 1951 ACGIH List

7. U.S. OEL SETTING ACTIVITY 1927Longshoremen’s & Harbor Workers’ Compensation Act Adopted 1960 ACGIH List 1936Walsh-Healy Public Contracts Act Incorporated 1951 ACGIH List 1971OSHA adopted the safety & health standards from the 1969 W-H Act revision – included the 1968 ACGIH List. Since 1971, new or revised PELs for only 16 agents, plus standard for 13 carcinogens that do not include PELs.

8. U.S. OEL SETTING ACTIVITY 1927Longshoremen’s & Harbor Workers’ Compensation Act Adopted 1960 ACGIH List 1936Walsh-Healy Public Contracts Act Incorporated 1951 ACGIH List 1971OSHA adopted the safety & health standards from the 1969 W-H Act revision – included the 1968 ACGIH List. Since 1971, new or revised PELs for only 16 agents, plus standard for 13 carcinogens that do not include PELs. Late 1970s NIOSH submitted over 100 Criteria Documents with RELs. Fewer than 10 in the last 25 years.

9. U.S. OEL SETTING ACTIVITY 1927Longshoremen’s & Harbor Workers’ Compensation Act Adopted 1960 ACGIH List 1936Walsh-Healy Public Contracts Act Incorporated 1951 ACGIH List 1971OSHA adopted the safety & health standards from the 1969 W-H Act revision – included the 1968 ACGIH List. Since 1971, new or revised PELs for only 16 agents, plus standard for 13 carcinogens that do not include PELs. Late 1970s NIOSH submitted over 100 Criteria Documents with RELs. Fewer than 10 in the last 25 years. 1988-89OSHA PEL project – eventually overturned following lawsuits filed by both labor and industry.

10. U.S. OEL SETTING ACTIVITY 1927Longshoremen’s & Harbor Workers’ Compensation Act Adopted 1960 ACGIH List 1936Walsh-Healy Public Contracts Act Incorporated 1951 ACGIH List 1971OSHA adopted the safety & health standards from the 1969 W-H Act revision – included the 1968 ACGIH List. Since 1971, new or revised PELs for only 16 agents, plus standard for 13 carcinogens that do not include PELs. Late 1970s NIOSH submitted over 100 Criteria Documents with RELs. Fewer than 10 in the last 25 years. 1988-89OSHA PEL project – eventually overturned following lawsuits filed by both labor and industry. Current Fed/OSHA PELs for the most part are the 1968 ACGIH TLVs

11. CALIFORNIA  Since the 1940s:

12. CALIFORNIA  Since the 1940s:  MACs listed in the General Industry Safety Orders (GISO) Essentially were ACGIH MACs

13. CALIFORNIA  Since the 1940s:  MACs listed in the General Industry Safety Orders (GISO) Essentially were ACGIH MACs  Since inception of Cal/OSHA (1972/1973): GISO listings identified as PELs.

14. CALIFORNIA  Since the 1940s:  MACs listed in the General Industry Safety Orders (GISO) Essentially were ACGIH MACs  Since inception of Cal/OSHA (1972/1973): GISO listings identified as PELs.  Cal/OSHA Industrial Hygiene Advisory Committees into the late 1990s updated the PELs every 2 years – essentially based on ACGIH new & Revised TLVs. No lawsuits.

15. CALIFORNIA  Since the 1940s:  MACs listed in the General Industry Safety Orders (GISO) Essentially were ACGIH MACs  Since inception of Cal/OSHA (1972/1973): GISO listings identified as PELs.  Cal/OSHA Industrial Hygiene Advisory Committees into the late 1990s updated the PELs every 2 years – essentially based on ACGIH new & Revised TLVs. No lawsuits.  In early 2000s the nature & transparency of this process was questioned by the OSHSB.

16. CALIFORNIA  Since the 1940s:  MACs listed in the General Industry Safety Orders (GISO) Essentially were ACGIH MACs  Since inception of Cal/OSHA (1972/1973): GISO listings identified as PELs.  Cal/OSHA Industrial Hygiene Advisory Committees into the late 1990s updated the PELs every 2 years – essentially based on ACGIH new & Revised TLVs. No lawsuits.  In early 2000s the nature & transparency of this process was questioned by the OSHSB.  2 legislative bills introduced which would have given the PEL setting process to OEHHA.

17. NEW ADVISORY COMMITTEE PROCESS

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

19. NEW ADVISORY COMMITTEE PROCESS I. Selection & prioritization of substances for review by DOSH utilizing an advisory committee. II. HEAC (Health Expert Advisory Committee)

20. NEW ADVISORY COMMITTEE PROCESS I. Selection & prioritization of substances for review by DOSH utilizing an advisory committee. II. HEAC (Health Expert Advisory Committee) IIA.SUBSTANCE SPECIFIC ADVISORY COMMITTEE

21. NEW ADVISORY COMMITTEE PROCESS I. Selection & prioritization of substances for review by DOSH utilizing an advisory committee. II. HEAC (Health Expert Advisory Committee) IIA.SUBSTANCE SPECIFIC ADVISORY COMMITTEE III. FAC (Feasibility Advisory Committee)

22. NEW ADVISORY COMMITTEE PROCESS I. Selection & prioritization of substances for review by DOSH utilizing an advisory committee. II. HEAC (Health Expert Advisory Committee) IIA.SUBSTANCE SPECIFIC ADVISORY COMMITTEE III. FAC (Feasibility Advisory Committee) DOSH commitment to transparency & active participation by interested parties.

23. NEW ADVISORY COMMITTEE PROCESS I. Selection & prioritization of substances for review by DOSH utilizing an advisory committee. II. HEAC (Health Expert Advisory Committee) IIA.SUBSTANCE SPECIFIC ADVISORY COMMITTEE III. FAC (Feasibility Advisory Committee) DOSH commitment to transparency & active participation by interested parties. S E Q U E N C E HEAC FAC DOSH OCSHSB

24. HEAC ROLE

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

26. HEAC ROLE 1. Consider the need & scientific basis for new or revised health-based exposure levels for airborne contaminants. 2. Use weight of evidence approach in evaluating the scientific literature.

27. HEAC ROLE 1. Consider the need & scientific basis for new or revised health-based exposure levels for airborne contaminants. 2. Use weight of evidence approach in evaluating the scientific literature. 3. Recommend new or revised PELs, STELs, Cs, S notations and special footnotes.

28. HEAC MEMBERS Objective: At least 2 members from each of the following disciplines.  TOXICOLOGY (Ph.D.)  EPIDEMIOLOGY (Ph.D.)  OCCUPATIONAL MEDICINE (M.D.)  INDUSTRIAL HYGIENE (C.I.H.) Serve a minimum of 2 years.

29. HEAC MEMBERS Objective: At least 2 members from each of the following disciplines.  TOXICOLOGY (Ph.D.)  EPIDEMIOLOGY (Ph.D.)  OCCUPATIONAL MEDICINE (M.D.)  INDUSTRIAL HYGIENE (C.I.H.) Serve a minimum of 2 years. Experts from state agencies, academic institutions, professional associations, & other interested groups.

30. HEAC MEMBERS Objective: At least 2 members from each of the following disciplines.  TOXICOLOGY (Ph.D.)  EPIDEMIOLOGY (Ph.D.)  OCCUPATIONAL MEDICINE (M.D.)  INDUSTRIAL HYGIENE (C.I.H.) Serve a minimum of 2 years. Experts from state agencies, academic institutions, professional associations, & other interested groups. Disclose fully the organization(s) they represent or affiliations which might be a source of bias.

31. HEAC SUPPORT

32. DOSH chairs & coordinates technical & logistical support.

33. HEAC SUPPORT DOSH chairs & coordinates technical & logistical support. OHB/HESIS technical support.

34. HEAC SUPPORT DOSH chairs & coordinates technical & logistical support. OHB/HESIS technical support. OEHHA technical input.

35. HEAC SUPPORT DOSH chairs & coordinates technical & logistical support. OHB/HESIS technical support. OEHHA technical input. DOSH/assigned committee member develops a substance-by-substance summary document.

36. HEAC SUPPORT DOSH chairs & coordinates technical & logistical support. OHB/HESIS technical support. OEHHA technical input. DOSH/assigned committee member develops a substance-by-substance summary document. Preference given to peer-reviewed articles published in recognized scientific journals.

37. HEAC SUPPORT DOSH chairs & coordinates technical & logistical support. OHB/HESIS technical support. OEHHA technical input. DOSH/assigned committee member develops a substance-by-substance summary document. Preference given to peer-reviewed articles published in recognized scientific journals. Decision template & substance-by-substance minutes of committee deliberations.

38. FAC

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

40. FAC 1. Determine whether, and if so how, a PEL proposed by HEAC should be modified based on feasibility issues. 2. Opportunity for interested parties to comment in an informal process.

41. FAC 1. Determine whether, and if so how, a PEL proposed by HEAC should be modified based on feasibility issues. 2. Opportunity for interested parties to comment in an informal process. 3. Elements of feasibility.

42. FAC 1. Determine whether, and if so how, a PEL proposed by HEAC should be modified based on feasibility issues. 2. Opportunity for interested parties to comment in an informal process. 3. Elements of feasibility.  Technical issues associated with making measurements to identify compliance.

43. FAC 1. Determine whether, and if so how, a PEL proposed by HEAC should be modified based on feasibility issues. 2. Opportunity for interested parties to comment in an informal process. 3. Elements of feasibility.  Technical issues associated with making measurements to identify compliance.  Technical issues associated with means and measures of control of exposures for compliance.

44. FAC 1. Determine whether, and if so how, a PEL proposed by HEAC should be modified based on feasibility issues. 2. Opportunity for interested parties to comment in an informal process. 3. Elements of feasibility.  Technical issues associated with making measurements to identify compliance.  Technical issues associated with means and measures of control of exposures for compliance.  Estimates of the costs associated with achieving and maintaining reliable compliance and the reasonableness of imposing such costs.

45. FAC MEMBERS

46.  Representatives from affected industry and labor groups.

47. FAC MEMBERS  Representatives from affected industry and labor groups.  Individuals with expertise in relevant technical areas such as ventilation engineering, industrial hygiene chemistry, engineering economics.

48. FAC MEMBERS  Representatives from affected industry and labor groups.  Individuals with expertise in relevant technical areas such as ventilation engineering, industrial hygiene chemistry, engineering economics.  HEAC members who wish to participate.

49. LABOR CODE 144.6

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

51. LABOR CODE 144.6 In promulgating standards dealing with toxic materials or harmful physical agents, the board shall adopt that standard which most adequately assures, to the extent feasible, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to a hazard regulated by such standard for the period of his working life. Development of standards under this section shall be based upon research, demonstrations, experiments, and such other information as may be appropriate. In addition to the attainment of the highest degree of health and safety protection for the employee, other considerations shall be the latest available scientific data in the field, the reasonableness of the standards, and experience gained under this and other health and safety laws. Whenever practicable, the standard promulgated shall be expressed in terms of objective criteria and of the performance desired. HEAC:Health-based recommendations FAC:Identify feasibility issues DOSH:Facilitate process & bring recommended new or revised PELs, STELs, Cs & Ss to the OSHSB. OSHSB:Public hearings & adoption

52. STATUS OF THE PROCESS

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

54. STATUS OF THE PROCESS  HEAC’s meetings and deliberations entering the 4 th year (1 st meeting was 8/21/07). 13 th Meeting scheduled for 12/14/10.  Three FAC meetings to date.

55. STATUS OF THE PROCESS  HEAC’s meetings and deliberations entering the 4 th year (1 st meeting was 8/21/07). 13 th Meeting scheduled for 12/14/10.  Three FAC meetings to date.  HEAC Recommendations considered by FAC to date.

56. SUBSTANCEHEACACGIHCAL/OSHA 56

57. SUBSTANCEHEACACGIHCAL/OSHA Carbon Disulfide 1 ppm 8-hr TWA 4 ppm 8-hr TWA 12 ppm STEL 57

58. SUBSTANCEHEACACGIHCAL/OSHA Carbon Disulfide1 ppm 8-hr TWA 4 ppm 8-hr TWA 12 ppm STEL Dichloroacetic Acid 0.1 ppm 8-hr TWA0.5 ppm 8-hr TWA--- 58

59. SUBSTANCEHEACACGIHCAL/OSHA Carbon Disulfide1 ppm 8-hr TWA 4 ppm 8-hr TWA 12 ppm STEL Dichloroacetic Acid0.1 ppm 8-hr TWA0.5 ppm 8-hr TWA--- Hydrogen Fluoride 0.4 ppm 8-hr TWA 1 ppm STEL 0.5 ppm 8-hr TWA3 ppm 8-hr TWA 59

60. SUBSTANCEHEACACGIHCAL/OSHA Carbon Disulfide1 ppm 8-hr TWA 4 ppm 8-hr TWA 12 ppm STEL Dichloroacetic Acid0.1 ppm 8-hr TWA0.5 ppm 8-hr TWA--- Hydrogen Fluoride0.4 ppm 8-hr TWA 1 ppm STEL 0.5 ppm 8-hr TWA3 ppm 8-hr TWA Sulfuric Acid 0.1 mg/m 3 8-hr TWA 0.2 mg/m 3 8-hr TWA 1 mg/m 3 8-hr TWA 60

61. SUBSTANCEHEACACGIHCAL/OSHA Carbon Disulfide1 ppm 8-hr TWA 4 ppm 8-hr TWA 12 ppm STEL Dichloroacetic Acid0.1 ppm 8-hr TWA0.5 ppm 8-hr TWA--- Hydrogen Fluoride0.4 ppm 8-hr TWA 1 ppm STEL 0.5 ppm 8-hr TWA3 ppm 8-hr TWA Sulfuric Acid0.1 mg/m 3 8-hr TWA 0.2 mg/m 3 8-hr TWA 1 mg/m 3 8-hr TWA Toluene 10 ppm 8-hr TWA20 ppm 8-hr TWA50 ppm 8-hr TWA 61

62. SUBSTANCEHEACACGIHCAL/OSHA Carbon Disulfide1 ppm 8-hr TWA 4 ppm 8-hr TWA 12 ppm STEL Dichloroacetic Acid0.1 ppm 8-hr TWA0.5 ppm 8-hr TWA--- Hydrogen Fluoride0.4 ppm 8-hr TWA 1 ppm STEL 0.5 ppm 8-hr TWA3 ppm 8-hr TWA Sulfuric Acid0.1 mg/m 3 8-hr TWA 0.2 mg/m 3 8-hr TWA 1 mg/m 3 8-hr TWA Toluene10 ppm 8-hr TWA20 ppm 8-hr TWA50 ppm 8-hr TWA Hydrogen Chloride 0.3 ppm 8-hr TWA 2 ppm STEL 2 ppm C5 ppm C 62

63. SUBSTANCEHEACACGIHCAL/OSHA Carbon Disulfide1 ppm 8-hr TWA 4 ppm 8-hr TWA 12 ppm STEL Dichloroacetic Acid0.1 ppm 8-hr TWA0.5 ppm 8-hr TWA--- Hydrogen Fluoride0.4 ppm 8-hr TWA 1 ppm STEL 0.5 ppm 8-hr TWA3 ppm 8-hr TWA Sulfuric Acid0.1 mg/m 3 8-hr TWA 0.2 mg/m 3 8-hr TWA 1 mg/m 3 8-hr TWA Toluene10 ppm 8-hr TWA20 ppm 8-hr TWA50 ppm 8-hr TWA Hydrogen Chloride0.3 ppm 8-hr TWA 2 ppm STEL 2 ppm C5 ppm C N-Methyl-2-Pyrrolidone 1-10 ppm 8-hr TWA [AIHA – 10ppm 8-hr TWA] --- 63

64. SUBSTANCEHEACACGIHCAL/OSHA Carbon Disulfide1 ppm 8-hr TWA 4 ppm 8-hr TWA 12 ppm STEL Dichloroacetic Acid0.1 ppm 8-hr TWA0.5 ppm 8-hr TWA--- Hydrogen Fluoride0.4 ppm 8-hr TWA 1 ppm STEL 0.5 ppm 8-hr TWA3 ppm 8-hr TWA Sulfuric Acid0.1 mg/m 3 8-hr TWA 0.2 mg/m 3 8-hr TWA 1 mg/m 3 8-hr TWA Toluene10 ppm 8-hr TWA20 ppm 8-hr TWA50 ppm 8-hr TWA Hydrogen Chloride0.3 ppm 8-hr TWA 2 ppm STEL 2 ppm C5 ppm C N-Methyl-2-Pyrrolidone1-10 ppm 8-hr TWA [AIHA – 10ppm 8-hr TWA] --- Ethyl Benzene 0.5 – 7 ppm 8-hr TWA 100 ppm 8-hr TWA 64

65. SUBSTANCEHEACACGIHCAL/OSHA Carbon Disulfide1 ppm 8-hr TWA 4 ppm 8-hr TWA 12 ppm STEL Dichloroacetic Acid0.1 ppm 8-hr TWA0.5 ppm 8-hr TWA--- Hydrogen Fluoride0.4 ppm 8-hr TWA 1 ppm STEL 0.5 ppm 8-hr TWA3 ppm 8-hr TWA Sulfuric Acid0.1 mg/m 3 8-hr TWA 0.2 mg/m 3 8-hr TWA 1 mg/m 3 8-hr TWA Toluene10 ppm 8-hr TWA20 ppm 8-hr TWA50 ppm 8-hr TWA Hydrogen Chloride0.3 ppm 8-hr TWA 2 ppm STEL 2 ppm C5 ppm C N-Methyl-2-Pyrrolidone1-10 ppm 8-hr TWA [AIHA – 10ppm 8-hr TWA] --- Ethyl Benzene0.5 – 7 ppm 8-hr TWA 100 ppm 8-hr TWA Naphthalene 0.04 – 0.75 ppm 8-hr TWA 10 ppm 8-hr TWA 65

66. SUBSTANCEHEACACGIHCAL/OSHA Trichloroethylene0.4 ppm 8-hr TWA10 ppm 8-hr TWA 25 ppm 8-hr TWA 66

67. SUBSTANCEHEACACGIHCAL/OSHA Trichloroethylene0.4 ppm 8-hr TWA10 ppm 8-hr TWA25 ppm 8-hr TWA Wood Dust1.0 mg/m 3 8-hr TWA 5.0 mg/m 3 8-hr TWA 67

68. SUBSTANCEHEACACGIHCAL/OSHA Trichloroethylene0.4 ppm 8-hr TWA10 ppm 8-hr TWA25 ppm 8-hr TWA Wood Dust1.0 mg/m 3 8-hr TWA 5.0 mg/m 3 8-hr TWA Western Red Cedar0.5 mg/m 3 8-hr TWA 2.5 mg/m 3 8-hr TWA 68

69. SUBSTANCEHEACACGIHCAL/OSHA Trichloroethylene0.4 ppm 8-hr TWA10 ppm 8-hr TWA25 ppm 8-hr TWA Wood Dust1.0 mg/m 3 8-hr TWA 5.0 mg/m 3 8-hr TWA Western Red Cedar0.5 mg/m 3 8-hr TWA 2.5 mg/m 3 8-hr TWA Benzyl Chloride0.03 ppm 8-hr TWA 1.0 ppm 8-hr TWA 69

70. SUBSTANCEHEACACGIHCAL/OSHA Trichloroethylene0.4 ppm 8-hr TWA10 ppm 8-hr TWA25 ppm 8-hr TWA Wood Dust1.0 mg/m 3 8-hr TWA 5.0 mg/m 3 8-hr TWA Western Red Cedar0.5 mg/m 3 8-hr TWA 2.5 mg/m 3 8-hr TWA Benzyl Chloride0.03 ppm 8-hr TWA1.0 ppm 8-hr TWA 1,1,2,2 Tetrabromoethane0.03 ppm 8-hr TWA 0.1 ppm 8-hr TWA 1.0 ppm 8-hr TWA 70

71. INFORMATION ON PROCESS AND DOCUMENTATION http://www.dir.ca.gov Click on Cal/OSHA Advisory Committee Find 5155