the marine chemist news2007 rop meeting, nfpa 306 technical committee on gas hazards - from the...

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THE MARINE CHEMIST NEWS DEVOTED TO THE DEVELOPMENT AND DISSEMINATION OF METHODS FOR EVALUATING AND ELIMINATING HEALTH AND FIRE HAZARDS IN THE MARINE INDUSTRY MARCH 2007 MARINE CHEMIST ASSOCIATION, 41 George Hill Road, Grafton, MA 01519-1417 Current Executive Committee: Chairman - John T. Bell, tel: 281/457-5552, <[email protected]> Chairman-Elect - Donald P. Sly, tel: 206/932-0206, <[email protected]> Past-Chairman & Newsletter Editor - Gregory Grondin, tel: 207/442-2398, <[email protected]> Secretary-Treasurer, Newsletter Editor - Ed Willwerth, tel: 508/839-9288, <[email protected]> Assistant Secretary - Leslie Blaize, tel:503/286-2206, <[email protected]> Atlantic Section Representatives - James Chandler, tel: 904/646-4383, <[email protected]> and Dave Capen (acting) tel: 410/893-4275, <[email protected]> Gulf/Inland Section Representatives - Brian Axelrad (acting), tel: 504/436-3766, <[email protected]> and Gerry Bernardo (acting), tel: 630/322-8132, <[email protected]> Pacific Section Representatives - Craig Trettevik, tel: 206/932-0206, <[email protected]> and Henry Sorensen tel: 671/734-0749, <[email protected]> - ASSOCIATION BUSINESS - 2007 SECTIONAL SEMINARS - The MCA's Ex- ecutive Committee has set the following dates for our 2007 Sectional Training Seminars. As is standard practice, the first program, in San Diego, will be fol- lowed by the spring ExCom meeting at the same lo- cation. Two of the seminars will be held on the same weekend, with the Atlantic Section meeting held on a Saturday and the Gulf-Inland Section Sectional Seminar held on Sunday. Note that all hotel loca- tions have shuttle service available from Airport: call the hotel when you have your baggage. Sectional Business Meetings will be held either at lunch time or after the meeting, as determined by the attending members. Sessions are planned as running from 08:00 to about 17:00. PACIFIC SECTION: Saturday, February 24, 2007. Courtyard Marriott, 235 Jefferson St., San Diego, CA, Saturday, 24 February, 2007 tel: 619/260-8500. <www.marriott.com/sanot> Rate: Approx. $170.00, or less/negotiable ATLANTIC SECTION: Saturday, 10 March, 2007, Embassy Suites Atlanta Airport, 4700 Southport Road, Atlanta, GA tel; 404/767-1988 <www.embassysuites.com> Rate: Approximately $160.00, or less/negotiable. GULF-INLAND: Sunday, 11 March, 2007, New Orleans Airport Hilton, 901 Airline Highway, Kenner, LA tel: 504/469/5000 <www.hiltonneworleansairportmeetings.com> Rate: Approximately $120.00, or less/negotiable. Topics are expected to include updates from NFPA, MCQB, MGHCP and MCA, NFPA 306 Is- sues from the standard's February ROP meeting, discussion of dust explosions, and some interesting data on the performance of various tools used to as- sess the presence of diesel vapor. ANNUAL SEMINAR - MCA's 2007 annual seminar will be held in Charleston, South Carolina, between July 23 and 25. We have contracted with the Ren- naissance Charleston Hotel Historic District, 68 Wentworth Street Charleston, SC 29401 (843/534- 0300. This is a superb hotel in the heart of old Charleston. The city is a fabulous, friendly "walking city" filled with history and many things to do and see. Registration costs are not expected to change at this point, so get your plans in order and join us for a great technical and social occasion. 2007 ROP MEETING, NFPA 306 TECHNICAL COMMITTEE ON GAS HAZARDS - From the left: Joe Daddura (OSHA), Larry Russell (NFPA/Liaison), Don Raffo (General Dynamics/EB- American Shipbuildes Council), Jim Thornton (Northrop Grum- man/New Port News), John Sansing, Jr., (Kirby Inland Marine), Teresa Preston (Atlantic Marine/ Shipbuilders Council), Les Blaize (MCA), Norm Wallace (ABS/Chair), John Bell (MCA), Dr. Robert Albert (Portsmouth Naval Shipyard/ US Navy)Paul Manzi (BP/API) and LT Matt Barker (USCG)

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Page 1: THE MARINE CHEMIST NEWS2007 ROP MEETING, NFPA 306 TECHNICAL COMMITTEE ON GAS HAZARDS - From the left: Joe Daddura (OSHA), Larry Russell (NFPA/Liaison), Don Raffo (General Dynamics/EB-American

THE MARINE CHEMIST NEWSDEVOTED TO THE DEVELOPMENT AND DISSEMINATION OF METHODS FOR EVALUATING AND ELIMINATING HEALTH

AND FIRE HAZARDS IN THE MARINE INDUSTRYMARCH 2007

MARINE CHEMIST ASSOCIATION, 41 George Hill Road, Grafton, MA 01519-1417Current Executive Committee:

Chairman - John T. Bell, tel: 281/457-5552, <[email protected]>Chairman-Elect - Donald P. Sly, tel: 206/932-0206, <[email protected]>

Past-Chairman & Newsletter Editor - Gregory Grondin, tel: 207/442-2398, <[email protected]>Secretary-Treasurer, Newsletter Editor - Ed Willwerth, tel: 508/839-9288, <[email protected]>

Assistant Secretary - Leslie Blaize, tel:503/286-2206, <[email protected]>Atlantic Section Representatives - James Chandler, tel: 904/646-4383, <[email protected]>

and Dave Capen (acting) tel: 410/893-4275, <[email protected]>Gulf/Inland Section Representatives - Brian Axelrad (acting), tel: 504/436-3766, <[email protected]>

and Gerry Bernardo (acting), tel: 630/322-8132, <[email protected]>Pacific Section Representatives - Craig Trettevik, tel: 206/932-0206, <[email protected]>

and Henry Sorensen tel: 671/734-0749, <[email protected]>

- ASSOCIATION BUSINESS -

2007 SECTIONAL SEMINARS - The MCA's Ex-ecutive Committee has set the following dates for our2007 Sectional Training Seminars. As is standardpractice, the first program, in San Diego, will be fol-lowed by the spring ExCom meeting at the same lo-cation. Two of the seminars will be held on the sameweekend, with the Atlantic Section meeting held on aSaturday and the Gulf-Inland Section SectionalSeminar held on Sunday. Note that all hotel loca-tions have shuttle service available from Airport: callthe hotel when you have your baggage. SectionalBusiness Meetings will be held either at lunch timeor after the meeting, as determined by the attendingmembers. Sessions are planned as running from08:00 to about 17:00.PACIFIC SECTION: Saturday, February 24, 2007.Courtyard Marriott, 235 Jefferson St., San Diego,CA, Saturday, 24 February, 2007 tel: 619/260-8500.<www.marriott.com/sanot>Rate: Approx. $170.00, or less/negotiableATLANTIC SECTION: Saturday, 10 March, 2007,Embassy Suites Atlanta Airport, 4700 SouthportRoad, Atlanta, GA tel; 404/767-1988<www.embassysuites.com> Rate: Approximately$160.00, or less/negotiable.GULF-INLAND: Sunday, 11 March, 2007, NewOrleans Airport Hilton, 901 Airline Highway,Kenner, LA tel: 504/469/5000<www.hiltonneworleansairportmeetings.com>Rate: Approximately $120.00, or less/negotiable.

Topics are expected to include updates fromNFPA, MCQB, MGHCP and MCA, NFPA 306 Is-sues from the standard's February ROP meeting,discussion of dust explosions, and some interesting

data on the performance of various tools used to as-sess the presence of diesel vapor.ANNUAL SEMINAR - MCA's 2007 annual seminarwill be held in Charleston, South Carolina, betweenJuly 23 and 25. We have contracted with the Ren-naissance Charleston Hotel Historic District, 68Wentworth Street Charleston, SC 29401 (843/534-0300. This is a superb hotel in the heart of oldCharleston. The city is a fabulous, friendly "walkingcity" filled with history and many things to do andsee. Registration costs are not expected to change atthis point, so get your plans in order and join us for agreat technical and social occasion.

2007 ROP MEETING, NFPA 306 TECHNICAL COMMITTEEON GAS HAZARDS - From the left: Joe Daddura (OSHA), LarryRussell (NFPA/Liaison), Don Raffo (General Dynamics/EB-American Shipbuildes Council), Jim Thornton (Northrop Grum-man/New Port News), John Sansing, Jr., (Kirby Inland Marine),Teresa Preston (Atlantic Marine/ Shipbuilders Council), Les Blaize(MCA), Norm Wallace (ABS/Chair), John Bell (MCA), Dr. RobertAlbert (Portsmouth Naval Shipyard/ US Navy)Paul Manzi(BP/API) and LT Matt Barker (USCG)

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NFPA 306 ROP MEETING: WAITING FORTHE DUST TO SETTLE -A CALM BETWEENSTORMS - Confused? Surprised? Shaken? Satis-fied? Yes, yes, yes and I think so, are the answers.The questions, they were what I asked myself afterthe completion of first meeting of the TechnicalCommittee on Gas Hazards NFPA 306 2009.(Though the edition will be done in 2008, it will bepublished by NFPA in 2008 as the 2009 Edition.) Atthe time of this printing I truly don’t know exactlywhat happened and what the final effect will or won’tbe until I see a draft and put it out there for comment.I do know however that this meeting was the first thatI have attended that can be considered a “TRUECONSENSUS”. The participation of regulatoryReps, vessels owners, shipyards big and small, Navy,Coast Guard and the MCA was 100%. The discus-sions were passionate, intelligent and insightful andregardless of who or what the representation was, noone ever lost sight that the standard is for the protec-tion of the shipyard worker, bottom line. This islaudable and on behalf of the MCA and myself Ithank you for your time and participation.A discussion of the proposals and their effects willtake up a large block of time at our Minis; rememberyou have another bite of the apple. Some of the morecontroversial items that could be affected include:• Non-transferable certificates,• Toxic means chemicals only: no "biologicals",• Changes in the way we apply the definition of

Combustible Materials,• Changes in the adjacent space requirements adding

“have not contained flammable and combustiblecargos, fuels, or oils in fixed tanks” in order to dealwith non cargo deck areas.

These are a few examples of possible changes, thewording is not exact, and the outcome is not final.Additional input from CMCs is a necessity to makethis process work. We will make every effort topromptly secure a draft and disseminate it for discus-sion purposes at the Minis. If you are not planning toattend a meeting I can not emphasize enough theneed for every one to read the committee actionswhen posted by NFPA and comment... Rememberwhen you receive the 2009 Edition it will be too lateor in other words complain: now or forever hold yourpeace. (Les Blaize, MCA NFPA 306 TechnicalCommittee Member)ELECTION OF MCA CHAIRMAN-ELECT - Ina few weeks ballots will be sent out to all membersfor the office of MCA Chairman-elect. Once elected,the winner will begin a six-year commitment to theAssociation. After a two-year cycle as Chairman-elect (with primary duties as chair of the EducationCommittee to lead the assembly of programs of theSectional Seminars), he will automatically rotate to

the position of MCA Chairman, and then serve twoyears in the office of Past chair.

Don Raffo, CMC 668, has submitted the requiredforms to stand for election. Don has a BS from theUniversity of Connecticut and has worked at GeneralDynamics Electric Boat Division, Groton, CT, since1980. He has risen from Laboratory Tech. to Chem-ist, Senior Chemist & Laboratory Specialist, and hasserved as Supervisor of Laboratory Services since2004. Electric Boat is the world's oldest and largestbuilder of nuclear submarines. Don was certified asCMC 668 in 1992, and has served the MCA and pro-fession as NFPA-306 Technical Committee Memberfrom EB. Don has volunteered to serve his commu-nity in a variety of stations: as Stonington's ShellfishCommission member, as Chairman of the Commu-nity Center Scholarship Committee, on Stonington'sHigh School Athletic Boosters Scholarship Commit-tee, on the New London Inland Wetlands Commis-sion, the New London Conservation Commission,and as Treasurer of the Stonington Community Cen-ter. Don has served the MCA in many capacitiesover the years, acting as Atlantic Sectional Chairman,serving to organize and serve as member on ourScholarship Program, and as a conduit for informa-tion about MACOSH. Don has made presentations atour annual seminars on Gas Chromatography and theUse of the Lifeline System for Confined SpaceSafety.GULF-INLAND & ATLANTIC MCA SectionRepresentatives - A combination of resignationsand relocations sent the Gulf-Inland section's secre-tary, Tom Littlepage looking for acting representa-tives. Scott Godfrey, relocating his business fromLouisiana to Jacksonville, Florida, moved into theAtlantic Section, leaving his seat opened. Tomfound Brian Axelrad willing to serve as acting rep-resentative for the next meeting, and Brian has indi-cated he is willing to stand for election if nominatedby his section. To fill a seat left vacant by KimbleLehman, Jack Godfrey was willing but currentlyunable to commit to attending meetings this spring.Tom got a willing substitute in Gerry Bernardo,who will attend the San Diego ExCom meeting. Onthe Atlantic Coast, Dave Bennett, after severalyears of service to the ExCom and the Atlantic sec-tion, due to a changed work situation, had to resign.(Dave left Northrop Grumman/Newport News andhas also relocated to Jacksonville.) Dave Capenstepped up to serve as acting Atlantic Section repre-sentative, will also be in San Diego, and has indi-cated a willingness to serve as Atlantic representa-tive if elected. Remember, sectional representativeswill be elected at the business meeting held duringthe spring seminars. Sectional representatives areelected to staggered two-year terms to help with

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transition between incoming and experienced mem-bers.

If you are interested in serving MCA as a sec-tional representative for any section, please indicateso at this spring's sectional business meetings, or, ifunable to attend, contact your representatives so thatyour interest can be put before the members for con-sideration.

TOM BECK, CMC 594 - News was sent fromTom that, after a less than perfect recovery fromknee surgery and unexpected complications, hisdoctors have determined that he is not capable ofreturning to work as an active chemist. Tom andColleen have retired and moved to Utah. Tomwrites,

"We completed our move to Southern Utah andare trying to fit into a new lifestyle. This is the firsttime in my life that I am seeing the changes in theseasons. The summer was hot and dry, the autumnwas beautiful with the change in the colors, andwinter is here with the cold clear skies. What achange from the California seasons, i.e. summer,earthquake, riot, and fire season."

I have finally come to that realization (that hecould not, as planned return to work) and I ammaking the change. I am moving forward with apositive attitude now and look forward to enjoyingretirement life with Colleen and family.

"I am hoping to make it to a mini-seminar thisSpring as I really miss my Marine Chemist friends.Thanks again, and hopefully I will see you some-time soon."

Tom represented the third generation of his familyto serve the marine industry and profession, fol-lowing in the footsteps of his grandfather O.C.Beck, CMC 172, and his father Duane S. Beck,CMC 317, (former MCA Chairman). Tom wasasked by NFPA to serve as the independent memberof MCQB and did so superbly between 1994 and2000. Tom is greatly admired and respected by allwho've worked with him over the years, and thenews of his departure comes as a blow to the profes-sion and all his friends. His absence from the pro-fession will be a loss felt by all. We all wish himand Colleen nothing but happiness in their new lifeand home and hope he can make good on a plan tovisit to us at one of our seminars.Tom and Colleen Beck's new contact information:4896 S. Morane Manor Dr.St. George, Utah 84790

435-773-6964 (R)435-817-1338 (C)e = [email protected]

TROY CORBIN, CMC 644 Honored as IndustrialHygienist - MCA is pleased to learn that TroyCorbin, CMC, CIH & CSP, was chosen to receive

the Distinguished Industrial Hygienist Of The YearAward at the Pacific Northwest Sectional meeting ofthe American Industrial Hygiene Association. Theaward was presented to Troy on October 26, 2006,and is in recognition of an industrial hygienist whohas made “Continuous contributions to the professionof industrial hygiene”.

Troy is one of only five marine chemists to haveattained and maintain status as a Certified Safety Pro-fessional, Certified Industrial Hygienist, as well as anNFPA Certified Marine Chemist*. The citationstated:"He has worked as a health and safety professional inTexas, Oregon, Alaska, Washington, California andSingapore. He has conducted exposure surveys, riskassessments, and training throughout the UnitedStates and Asia. He continues to conduct a variety ofhealth and safety risk assessments and surveys andprovides expert witness services throughout theUnited States."

Troy is the President of Marine & EnvironmentalTesting, Inc. in Portland, Oregon. M&ET is an envi-ronmental and occupational safety and health con-sulting company celebrating 20 years of service. Heis also a highly skilled and effective instructor,teaching not only for courses offered by his company,but also the OSHA Region X Training Centerthrough the University of Washington, and for theFederal OSHA Training Institute in Chicago. Con-gratulations for an honor well deserved! (Troy andM&ET were also key in assembling and managingthe gaggle of chemists required to work the Valdezspill in the summer of 1989, but that's another story.)(*The others: Thomas Beacham, CMC 635 John Fer-nandez, CMC 696, Frank Monaghan, CMC 656, andJames Wadatz, CMC 617, all CMCs, CIHs & CSPs -and in some cases, more!)AL HOLLER, MCA LM, retired, and former MCAChairman wrote briefly when addressing his direc-tory information: "Best wishes to all. And I miss theriver!" (Al was a chemist and CIH in the Minneapo-lis upper river area, and served MCA as chairmanbetween 1971-73. He has given generously toMCA's scholarship program and was a great sup-porter of the IH aspects of our mission as it evolvedafter the incorporation of the US DOL shipyard stan-dard into OSHA when it was founded in 1970.)

DEWITT DAVIS IV, CMC trainee and MCAAffiliate Member, Recognized for Award by Na-tional Safety Council - Word came by way of NeilMcMannus, Chairman of AIHA's Confined SpaceCommittee that MCA Affiliate Member DewittDavis IV has been awarded the National SafetyCouncil's Distinguished Service this past September.DeWitt, a registered CMC trainee, has been affili-ated with the National Safety Council for 23 years

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and has served on several section committees anddivisions. He is currently serving as the MarineSection General Chairman. Dee is a retired NavyCommander, and as stated in the citation for theaward, was a pioneer in Nuclear Weapons and Ord-nance Safety Naval Safety Center, Navy Environ-mental Health Center. He did tours at the CNO Of-fice and with the Secretary of the Navy Office pro-moting safety & health. Congratulations for servicerecognition well deserved, and best wishes on thisachievement. Incidentally, Dee underwent hip re-construction surgery this past fall and is on the roadto recovery.TWIC FINAL RULE RELEASED: SECURITYAT THE WATERFRONT - On January 29, 2007the Department of Homeland Security released anadvance copy of the final rule for the first phase ofthe Transportation Worker Identification Creden-tial (TWIC) program. DHS said the program “en-hances port security by checking the backgrounds ofworkers before they are granted unescorted access tosecure areas of vessels and maritime facilities.”

Speculation is that this regulation will cause re-sentment in requiring paying a significant TWIC-related bill by all participants: around $150.00 perperson. The rule, which was posted publicly onTSA’s Web site Jan. 1, lays out the enrollment proc-ess, disqualifying crimes, usage procedures, fees andother requirements for workers, port owners, andoperators.

This program, thought to be costly and unnecessaryby some in the industry, is expected to affect over750,000 port employees, longshoremen, mariners,truckers and others who require unescorted access tosecure areas of ports and vessels.

And it will affect marine chemists. Some reportsare already coming in from chemists of impossiblecomplications and delays in trying to get efficientaccess to vessels in port. They indicate that there isan evident collision between pending federal securityrequirements and local security requirements. What-ever TSA adopts may not be enough for local portauthorities, further complicating access to vessels,especially in the matter of getting a vehicle closeenough for efficient transfer of the chemist and hisequipment to the job.

TWIC regulations, as proposed, will require thefollowing:• A comprehensive background check for TWIC

applicants that looks at criminal history records,terrorist watch lists, immigration status, and out-standing warrants,

• The “Smart” card will contain the applicant’s pho-tograph, name, an expiration date, and a serialnumber. In addition, an integrated circuit chip willstore the holder’s fingerprint template, a PIN cho-

sen by the individual, and a cardholder uniqueidentifier.

• A complete set of fingerprints provided by the ap-plicant and a digital photo. Fingerprint checks willbe used as part of the security threat assessmentand fingerprint templates extracted from the bio-metric data will be stored on the credential.

The entire enrollment record (including all finger-prints) will be stored in the TSA system, which is“protected through role-based entry, encryption andsegmentation to prevent unauthorized use.”

The Coast Guard will have the duty verifyingTWIC cards when conducting vessel and facility in-spections using spot checks with hand-held readersensuring credential validity. TWIC enrollment willbegin in March 2007, initially at a small number ofports, according to DHS. The final rule is availableon TSA’s Web site at <www.tsa.gov/twic> (Source:David Krapf, WorkBoat Online Editor, January 30,2007)MARINE CHEMIST FUND, INC. CELE-BRATES 25 YEARS OF SERVICE - The MarineChemist Fund (MCFI, or, the Fund) was formed andincorporated in 1981 out of interest and need for reli-able, effective and reasonably priced professionalliability insurance for NFPA Certified MarineChemists. Upon formation of the Fund, Corporateand Company members were issued stock certificates(of no investment value) to identify participatingchemists through their affiliates. As the programevolved and expanded, these stock certificates wereeventually recalled and nullified, and individualChemists were identified as the participants and in-sured.

The function of the Fund is custodial: it holds themonies collected to cover the deductible portion ofsignificant insurance carried by the chemist membersand the Fund. In the event of a claim arising againsta participating chemist, the Fund's portion of the de-ductible is currently $22,500.00 of the first$25,000.00 of the policy with our underwriters. Theindividual chemist involved is responsible for only$2,500.00 of this deductible. The chemist's propor-tion of the deductible is normally submitted to theFund, and the Fund will then be responsible for theentire $25,000.00 deductible. The policy the Fundhas with our underwriters (currently ITIC, a largevery well respected European marine insurer) maythen be exercised to cover any claims in excess of$25,000.00 up to five million dollars.

The Fund is governed by its member-elected Boardof Directors. Their aim is to contract effective insur-ance with our underwriters, and maintain reasonablereserves for protection against liability claims madeagainst our members, thus maintaining this valuableand highly credible program.

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Any NFPA Certificated Marine Chemist who is amember of the Marine Chemist Association may par-ticipate in this professional insurance program. (TheFund is, however, in no way a part of the MarineChemist Association: they are completely separateorganizations.) The program has been very success-ful, and celebrates its twenty-fifth anniversary thisyear. In an era when effective liability insurance isexceptionally expensive, if available at all, the Fund'sprogram offers very effective and reasonably pricedprotection.

If you are interested in the service that the Fundcan provide, or have any questions, contact anymember of the Board of Directors, or our Agent, Mr.Derek Jenkins of Hall-Conway-Jackson, Inc., at800/877-8024 for information. The MCIF has been aproven and viable program offering peace of mind toits participating members.MCFI Board Members:

Gerald Bernardo, President, and Gulf-Inland Rep-resentativeGeorge Blair, Secretary, and Pacific RepresentativeTagay Kang, TreasurerAnthony Matthews, Atlantic RepresentativeKen Mercer, Gulf-Inland RepresentativeDon Sly, Pacific RepresentativeEd Willwerth, Atlantic Representative

(Article by Tagay Kang, CMC, Treasurer, MCFI )NIOSH DOWNLOAD OF CHEMICAL POCKETGUIDE - Tom Littlepage, CMC and Gulf-InlandSection Secretary, sends word of a download of a(free) stand-alone HTML version of the NIOSHPocket Guide to Chemical Hazards (NPG), com-pressed as a ZIP file from NIOSH. The ZIP filecontains a condensed version of the NPG. All non-Pocket Guide links were removed so that this set offiles acts as a "stand-alone" database. These files canbe used with a standard web browser or on some mo-bile devices:npg-only.zip:<http:\\www.cdc.gov\niosh\npg/niosh/zips/npg-only.zip>(a 2MB file which requires WinZip or other unzip-ping software), and<http:\\www.cdc.gov\niosh\npg/niosh/zips/npg-only.exe> (Also 2 MB file but a self-extracting filefor Windows). There is also a .pdf version at:<http:\\www.cdc.gov\niosh\npg/niosh/npg/pdfs/2005-149.pdf> (This is an 18.4 MB file requiring AdobeAcrobat Reader for viewing and printing.) Check itout!

- NEWS ITEMS -

TLVs, PELs, OSHA, MSDSs & NFPA 306:SPECULATION AND WORRY SPICE THEVEGETABLE SOUP - A couple of articles have

appeared in the AIHA's journal The Synergist in-dicating that legal actions involving industry andOSHA could conceivably have downstream con-cerns for the use of NFPA 306, Control of GasHazards on Vessels. In August, ("Inside Wash-ington" section) and December 2006 (in the"Regulatory Outlook" section), writers AaronTrippler, Director of AIHA Government Affairs,and Hal Engler and Paul Waters, attorneys withWashington law firm Reed Smith, described aninteresting and potentially troublesome tangledknot involving toxic materials exposure standards,specifically the PELs and TLVs, especially as theyrelate to Materials Safety Data Sheets (MSDSs).There has been a persistent concern among somelegislators in the House and Senate involved withlabor issues with the outdated PELs, the slowregulatory pace of change, and the strict interpre-tation of how regulatory changes must take place.The issues and the players seem to boil down asfollows:• OSHA was allowed, over a two year period fol-lowing the passing of the Occupational Safety andHealth (OSH) Act in 1970 and its enactment in1971, to adopt existing federal standards, (such asthose in the Walsh-Healy Act) as well as existingnational consensus standards. This was to achieveits mission of protecting the American workforcefrom (among many other problems) overexposureto toxic workplace materials. As we all know,that led to the adoption of, primarily, the 1968ACGIH TLV's (or in the case of the marine stan-dards, the 1970 ACGIH TLVs), along with someother ANSI guidelines, as the Permissible Expo-sure Levels of the new OSH Administration: i.e.,the OSHA PELs. Once adopted, however, theseonce-voluntary guidelines now had the force oflaw, and the rigid requirements of any changeshad to be complied with. After all, change camepossibly at great cost to industry with its relatedimpact on the American job and labor situation.

Very stringent language therfeore went into thestandard regarding changes: If changes in thePELs were to have as their source adopted stan-dards, they had to be from "consensus standards".The OSH Act defines "consensus standards" as:1) adopted from a nationally recognized standardsorganization, 2) that the organization's methods inestablishing its levels were "known" procedures,3) that interested and affected persons could haveinput/access in the standard's process, and, 4) suchinput would be considered in the standard's adop-tion. ANSI and NFPA standards meet these crite-ria. ACGIH's TLV process, evidently, does not.• ACGIH, whose Threshold Limit Values®(TLVs) are its copyrighted intellectual property,

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therefore, was the source of most of the originalPELs. ACGIH is generally held as the preemi-nent source of up-to-date information on protec-tive standards for toxic exposure. ACGIH is nev-ertheless, not held as a "consensus" standards-writing body for the purposes of the OSH Act.ACGIH rigidly defends and resists fundamentalchanges in its structure that would allow it to be soconsidered. Its reasons are evidently rooted in itsformation in the late 1930s, and a fear of havingthe perception of a conflict of interest that mightresult if industry members from a chemical manu-facturer, for example, sat on its technical com-mittees involving those chemicals. (A concertedeffort to have ACGIH, AIHA and other bodiesjoin in a closer union in the 1990's flounderedover this very issue: ACGIH simply couldn'tchange its perception of its fundamental missionto meet the openness required for a "consensus"standards-writing body.) ACGIH holds that itsTLVs are not designed to be used as regulationsand has acknowledged that TLVs do not have theforce of law, and are based on it's definition ofheath protection criteria alone. The manner theyare chosen also might lead to problems with theiruse in the field in a regulatory situation. In addi-tion, voting membership on ACGIH technicalcommittees is also restricted in a manner notfound on NFPA and ANSI committees.• MDSDs, as guided by 29CFR1910.1200, theHAZCOM standard, nevertheless have a require-ment that TLV's show up as guidance informationalong with PELs, if a TLV or PEL exists. Assome in industry see it, since ACGIH regularlyupdates its TLVs, as currently enforced, thisautomatically forces chemical manufacturers orimporters to create or update MSDSs containingapplicable TLV information. An industry suitfiled in Washington's Circuit Court of Appeals inMarch of last year contends that this amounts toimproper and illegal automatic modification of thestandard without utilizing the rulemaking proce-dures required in the OSH Act. The industry suitcontends the use of TLVs, however well-respectedand up-to-date, prohibits affected industries frombeing able to comment on proposed revisions, in-volves a secret process, and that ACGIH person-nel have a perceived conflict of interest (sincemost ACGIH senor officers are federal employeesof NIOSH or OSHA.) This might not have cometo be a such a problem if ACGIH could claim itsstandards-setting process is a consensus process,but that's just what they seem unwilling and, per-haps, unable to do.

The HAZCOM standard, however, remains un-changed in what it requires. Needless to say,

OSHA is fighting the suit on substance and tech-nical grounds. Given ACGIH's stated position,however, and the history of similar legal actionsback in the late 1980's and early 1990's, whenOSHA tried to update the PELs with ACGIH'sTLVs en mass, and had it's actions reversed incourt, it's hard to see how the industry suit will notprevail.

In addition to the industry suit, two pieces offederal legislation have been moved to addressthis matter. In the House, Congressman CharlieNorwood (R-GA) has filed the "Workplace Safety& Health Transparency Act (H.R 5554) thatwould prohibit OSHA or the Mine Safety &Health Administration (MSHA) from incorporat-ing "any finding, guideline, standard, limit, rule orregulation based on a determination from a non-consensus organization that does not conform tothe OSH Act's definition of a consensus standard."It would also prohibit OSHA from approving anyState plan that used non-consensus standards aswell - to close that as a possible method TLVscould be adopted in approved State programs. Inthe Senate, Senator Michael Enzi (R, WY) intro-duced an OSHA reform bill (S.2066) that wouldessentially accomplish the same thing.

TLVs would presumably be out of OSHA regseverywhere if these bills pass. Interestingly, Rep-resentative Norwood recognizes the miss-fit be-tween the nearly 40 year-old PELs and currentTLVs, and has warned industry and OSHA thatthey need to agree on a plan to up-date PELs, "orCongress will step in with its own plan." Giventhat AIHA worked for three years with OSHA andindustry to do just that, and failed, Congress' planshould be really interesting.NFPA 306, our consensus standard (now open forcomment and change as part of its five-year cycle ofreview), has its well-known requirement addressingthis issue. It is currently found in the AppendixA.4.3.1(3), but was made mandatory by the Stan-dard's Technical Committee after an MCA January2004 request for formal interpretation. (As part ofthe recent Technical Committee Meeting coveringNFPA 306's Reports on Proposals, a proposal tomove this text to the of the body of the standard,further clarifying the issue, was approved by thecommittee and will be submitted to the public forcomment.) The use of the lower of either the PEL orTLV must be used by the chemist to satisfy the tox-icity portion of an inspection and certification ofspaces on marine vessels as part of "Atmosphere SafeFor Workers", NFPA 306, §4.3.1(3).

Given the two-pronged attack on OSHA and its useof TLVs in regulations, it's hard to see how thismatter won't rise to the attention of our required use

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of TLVs in NFPA 306. Questions put to NFPA at therecent Marine Field Service Advisory Committeemeeting on the NFPA 306 TLV/PEL issue seem toindicate NFPA is not overly concerned and they ex-pect matters will remain as they are for the foresee-able future. The mills of the gods will evidently haveto churn on for a while before there is light at the endof this tunnel, but stay tuned.NATIONWIDE BARGE BUILDING SCRAM-BLE - In November an article occurred in the NewOrleans CityBusiness that stated the trend of shippingproducts by barge is being hampered by too fewavailable barges, high steel prices and increasing de-mand. The result is a boom in barge construction, thefirst since the 1970's, despite high prices. The articleclaimed "Companies such as Florida Marine Trans-porters Inc. in Mandeville have already contracted tobuild 50 new tank barges - liquid cargo transporters -in two years." Barge builder Jeffboat LLC ofJeffersonville, Indiana has a contract worth an esti-mated $100 million to provide barges. A lot of oiland gas companies use barge companies (such asFlorida Marine) to move their refined product ratherpipelines. "We've been building barges for about fiveyears now, before steel prices went crazy," saidFlorida Marine President John Roberts. "On the de-mand side (for barges), it's never been stronger andon the supply side there's more going out than com-ing in, so we're sitting pretty tight. We have contractsin place for work even before the barges have beenbuilt."

Nashville, Tenn.-based Ingram Barge Co., repre-senting about 25 percent of the barge transportation,has a fleet of 4,000 barges that are primarily hopperbarges carrying grain, coal, fertilizers and steel. In-gram has reportedly signed a 10-year contract forbarge building services with Trinity Industries Inc.(Dallas) for yards in Port Allen, Texas, said DanMartin, Ingram's chief communications officer.

The article stated that barges are generally retiredafter a 30-year life then scrapped, and that new con-struction costs have gone up about 40 percent. Thecost for a new hopper barge is about $460,000,whereas five years ago it would have been in the low$300,000 range. A brand new tank barge, however,can cost anywhere from $2.5 to $3 million.

"One of the only negative aspects of higher de-mand and a lack of supply is the wait on shipyardsfor some of our work," said Tom Dowie, vice presi-dent of marketing for Canal Barge Co. in New Or-leans. Production takes six to eight months for con-struction and delivery of less common barges andtwo months for a generic hopper barge.

"There aren't many yards in the country that couldtake an order in 2006 or even late into 2007," Dowiesaid. (Source: New Orleans CityBusiness.)

MAINE RECEIVES $2 MILLION OIL OF $37MILLION OIL-POLLUTION FINE - On January4, 2007 the Portland Press Herald reported a record$37 million pollution fine against a well-known fleetof oil tankers is expected to pump $2 million intomarine conservation efforts in the Gulf of Maine.The company paying the fine, meanwhile, says thenine employees responsible for the pollution violatedits policies and were fired.

Overseas Shipholding Group pleaded guilty inJanuary to charges that several of its tankers dumpedoily wastes into the ocean over the past five years -instead of going through the time and expense ofproper disposal. Crews tried to cover up the viola-tions by falsifying logbooks. Part of the $37 millionpenalty is intended to be restitution for the environ-mental damage, and Maine's share of that is $2.06million.SKILLS SHORTAGE THREATENS OFF-SHORE INDUSTRY - In January it was reportedthat the growth in the offshore industry is beingthreatened by a skills shortage, and at a time when5000 jobs are expected to be created in the next threeyears. The marine construction and offshore engi-neering sector is extremely busy and projected toremain so for several years, but companies cannotfind the personnel they require for worldwide con-tracts.

The International Marine Contractors' Association(IMCA) representing 350 offshore, marine and un-derwater engineering companies in more than 40countries, hopes to be able to help its members toaddress this skills shortage in 2007. The organizationhas gathered statistics to show the strength of thesector which reveal that in the next three years almost100 new vessels will be required, creating thousandsof jobs.

"This skills shortage is placing significant pressureon members' desired growth and ability to deliverservices, " said Hugh Williams, chief executive of theIMCA.

"One route is to draw wider attention to the pro-jected numbers of trained personnel required by theexpanding marine contracting industry.

"The industry will commission at least 50 new off-shore construction vessels in the next two to threeyears covering IMCA members' activities includinglifting, pipe laying, diving, survey and ROV opera-tions, with about 10 of these dive support vessels(DSVs).

"The drilling industry will commission about 40more floating drilling rigs and around 100 ROVs willbe built. The new vessels and drill rigs will requiresome 2000 additional watch-keepers across thebridge, deck and engine room and the increases in

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saturation diving will require 800 additional person-nel.

"They will need 1000 additional survey and in-spection discipline personnel and the ROVs will re-quire 1200 additional personnel. These figures poseda serious challenge to an industry already finding itdifficult to recruit, train and retain skilled personnel.(Source: The Herald; Glasgow (UK)JUDGE TEMPORARILY HALTS DREDGINGNEAR SHIPYARD - In December news appearedshowing the alleged long-term concerns about theenvironmental history of shipyards in their regionwas being used as a tool to fight the expansion ofLNG importation. On December 18, BaltimoreCounty judge ordered the owners of the SparrowsPoint shipyard to temporarily stop dredging in thePatapsco River. Circuit Court Judge Dana M. Levitzgranted a temporary injunction to stop contractorsfrom removing sediment in the river near the KeyBridge at the request of a group of Dundalk-arearesidents also opposed to a liquefied natural gas ter-minal planned for the site, according to a lawyer forthe group. The Greater Dundalk Alliance's LNGopposition team alleges in its court filing that thedredging is stirring up toxins that will harm nearbyresidents and the Chesapeake Bay.

There is a lot at stake however: The communitygroup had to post a $750,000 bond to cover the com-pany's revenue lost by not dredging, in the event thatthe contractors are allowed to resume the work.

The company that operates the shipyard, SPS Lim-ited Partnership, declined to comment after the pro-ceedings. The temporary injunction expired in 10days.

The work to remove 600,000 cubic yards of sedi-ment began Dec. 8 in a 160-acre area of the PatapscoRiver. The shipyard owners received permissionfrom the U.S. Army Corps of Engineers and theMaryland Port Authority in October 2004 to dredgethe shipping channel to accommodate vessels at aship repair facility and to dispose of the dredge spoilsat Hart Miller Island. The permit expired in January.AES Corp., the company that plans to build the LNGterminal at the shipyard, wants to dredge in the samearea to accommodate tankers carrying LNG. Planscalled for dredging 2.5 million to 4 million cubicyards of material. (Source: The Baltimore Sun,Maryland, and by way of WorkBoat Magazine)EDITORIAL: GREEN LIGHT FOR OFFSHORELNG - Stuck at the wrong end of North America'snatural gas pipelines, Massachusetts has relied onmarine shipments of liquefied natural gas to supple-ment pipeline gas for more than 30 years. The needfor LNG has spiked in recent years as power produc-ers have turned to this fuel for the region's newest -and cleanest - fossil fuel electricity plants. It is as-

sumed the safest terminals for unloading LNG areoffshore, away from residential neighborhoods, so itis reassuring to see that plans for two such ports areevidently moving ahead.

Both would be eight miles or more from the coast,southeast of Gloucester, off Cape Ann. The owner ofone would be Excelerate Energy of Texas, which formore than a year has been operating an offshore LNGport in the Gulf of Mexico. The other would beowned by Suez Energy North America, parent com-pany of Distrigas, operator of the LNG terminal inEverett, right in the heart of the port and city. Withthe new facilities, a tanker tethered to an oversizedbuoy would revaporize its LNG and pump the gasinto an existing underwater pipeline.

Excelerate's Northeast Gateway proposal has al-ready won the approval of the state's environmentalaffairs secretary, in part by promising $23.5 millionin "mitigation funds". This includes $4 million tominimize damage to whales and other marine mam-mals, and $6.3 million to create a nonprofit organiza-tion in Gloucester to help fishermen who find that"the terminal's limits on fishing in the immediatevicinity make them want to get out of the businessand sell their fishing permits and allotted days". TheState is expected to give approval to this project and,if it also passes environmental muster, to Suez'sNeptune terminal.

The one drawback to offshore LNG terminals isthat they lack the land-based storage capacity ofEverett or the facility proposed for tiny and crowdedFall River, Massachusetts. The storage capacity inEverett helps Distrigas meet the system's winter peakneeds. No one expects the new terminals to eliminatethe need for the Everett facility, but the extra gas theysupply in winter should obviate the need for any newstorage capacity, at Fall River or elsewhere - includ-ing a proposal for a port on Outer Brewster Island,part of the Boston Harbor National Recreation Area.

One of the Bush administration's first reactions toSept. 11 was to stop temporarily the passage of LNGtankers through Boston Harbor to Everett. That cau-tion reflected the risk that terrorists might attack oneof the ships and destroy most of the inner harbor.Since Sept. 11, tankers have been protected by newlayers of security. Approval of the offshore terminalsis a way for the region to secure the LNG it needswithout raising NIMBY concerns. (Source: TheBoston Globe, December 10, 2006)DRUG SUB SEIZED - In November, 2006, a smallsubmarine stuffed with drugs was caught by the USCoastguard. According to USCG, the crew ofUSCGC STEADFAST boarded and seized a semi-submersible craft carrying an estimated 3.5 tons ofcocaine about 90 miles southwest of Costa Rica. Thevessel's crew of four, two Colombians, one Guate-

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malan, and one Sri Lankan, were arrested and nowface prosecution in the US. The vessel was towedinto port by the Costa Rican Coast Guard and willalso be brought to the US as evidence.CARNIVAL CRUISE CONFIRMS EURO565MORDER - Carnival Corporation has exercised anoption for a new 130,000 gross ton ship for its Carni-val Cruise Lines brand. The vessel will have 3,652lower passenger berths and will be built by Italianshipbuilder Fincantieri at its Monfalcone yard at anestimated all-in cost of 565 million euros. The ship isscheduled for delivery in summer 2010. The vesselwill be a sister ship to a previously announced130,000 gt ship slated to enter service in the autumnof 2009 that will begin a new class for the line. Thetwo sister ships will be the largest ever constructedfor Carnival Cruise Lines.

Carnival Cruise Lines now has four new ships onorder or under construction with Fincantieri repre-senting a combined 13,284 total lower berths. Itsparent company now has 19 new ships on order, 13of which are being constructed by Fincantieri.CHEMICAL TANKER COLLIDES WITHJAPANESE SUBMARINE - A small 6,576 dwtPanamanian-flag chemical tanker and a Japanesesubmarine collided southern Japan according to localreports on 21 November 2006. Both vessels werereported damaged but no injuries have been reportedamong the tanker’s 17 member crew. The JapaneseMaritime Self-Defense Force diesel-electric subma-rine ASASHIO was reported to have hit the DaiichiTanker Co-owned Spring Auster when surfacingabout 30 miles off Kyushu. (Shades of a similar ac-cident where a US nuclear sub hit a Japanese fish-ing/training vessel off Honolulu, causing an interna-tional stir a few years ago.) The Japanese CoastGuard sent three cutters to the area after the master ofthe tanker reported taking in water but the vessel wasnot found in danger of sinking.SAVANNAH PILOT’S LICENSE SUSPENDEDFOR SPEEDING NEAR LNG - On January 5,2007 a US administrative law judge suspended thelicense of a Savannah River pilot for eight months,with additional 12 months probation, after ruling thatthe Coast Guard proved its case of negligence andmisconduct against him. According to USCG, thedecision stemmed from a 14 March 14, 2006 incidenton the Savannah River where the tanker Charleston,passed the Elba Island LNG facility a speed in excessof 14 knots during an LNG transfer. The surge re-sulting from the vessel's speed caused an emergencydock shutdown, cargo hose separations, collapsed agangway, and caused mooring lines to part. Allemergency equipment at the LNG facility functionedas designed and no LNG was released as a result ofthe damage.

The Coast Guard says it pursued its action againstthe pilot's license following a comprehensive investi-gation due to concern that negligence posed a hazardto navigation. The pilot's past history included threeprevious proved charges for negligence. In additionto the action taken against the pilot, USCG deter-mined the master of the M/T CHARLESTON wasalso negligent in his role and was issued a letter orwarning in lieu of suspension or revocation. (Source:Maritime Global Net)CSB CALLS ON OSHA TO ADDRESS DUSTHAZARDS - On December 1, 2006, after a two-yearChemical Safety and Hazard Investigation Board(CSB) study of industry combustible dust hazards,announced CSB wants OSHA to develop a new ruleto address explosive dust hazards. The investigationfollowed dust explosions in 2003 in Kinston, N.C.,Corbin, Ky., and Huntington, Indiana, which killed14 and injured 81. CBS stated there is no OSHAstandard that comprehensively addresses combustibledust fire & explosion hazards in general industry.CSB recommended OSHA issue a new standard de-signed to prevent these accidents. CSB said existingvoluntary consensus NFPA codes should form thebasis for the new standard. (Source: COSTAL SafetyCurrents)APPEALS COURT CUTS EXXON VALDEZDAMAGES - In December a San Francisco appealcourt cut punitive damages awarded against ExxonMobil regarding M/T EXXON VALDEZ oil spillfrom $4.5 billion to $2.5 billion. This is opposed tothe $25 million Exxon says it should pay: it believesthe punitive damages are too high and is consideringits position. "It is our view that the U.S. SupremeCourt needs to provide more definitive guidance tothe lower courts on the law governing punitive dam-ages."

The court said (with one dissenting opinion),"Exxon’s prompt action to clean up the oil and com-pensate fishermen and others for economic lossmeant that the punitive element of the award shouldbe cut.

"In addition, in considering the relationship be-tween the size of the award and the amount of harm,we concluded in our earlier punitive damages opinionthat the substantial costs that Exxon had alreadyborne in clean-up and loss of cargo lessen the needfor deterrence in the future." (Source: MaritimeGlobal Net - see related article on M/T ERICA trial)WORLDWIDE MSDSs FOR SHIPS? IMOSAFETY SHEET PLAN "FLAWED AND UN-WORKABLE"? - The International Bunker IndustryAssociation (IBIA) has presented a paper to IMO'sMaritime Safety Committee (MSC) arguing that cur-rent proposals relating to the mandatory supply andcarriage of Material Safety Data Sheets (MSDS) in

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connection with MARPOL Annex 1 cargoes and ma-rine fuel oils are severely flawed and unworkable.And the Maritime Safety Committee, at the MSC82meeting in Istanbul in early December, agreed to"take into account" IBIA's comments when adoptinga draft resolution, covering MSDS, to SOLAS regu-lation V1/5-1.IBIA representatives stated: "With regard to marinefuels, the proposals have sought to abuse the purposeof MSDS by turning it from a document designed toprotect seafarers into some sort of quality assessmentfor the benefit of the shipowner.

"IBIA welcomes the mandatory provisions ofMSDS at the point of marine fuel transfer and, today,most, if not all IBIA members already hand overMSDSs to the ship's crew during bunkering opera-tions. The additional testing requirements in the cur-rent proposals require each and every marine fuel tobe tested and a customized MSDS to be issued priorto delivery of the fuel.

"Expert advice obtained by IBIA shows that, in allcases, MSDSs are written taking into account currentand best available knowledge about the worst-casescenario with respect to hazards and safety precau-tions. IBIA believes that, without evidence to thecontrary, such expert advice is likely to be the bestavailable on the subject."

(Editor's Comment: Most of us, given the choicebetween an MSDS (prepared with broad ranges ofdata) and an actual analysis of the fuel loaded wouldtake the latter every time. MSDSs are great, butanalysis reports should mean somebody actuallylooked at what was bought and loaded as opposed towhat was generally promised and expected betweenthe fuel provider and vessel. This sounds a little likea disguised complaint by IBIA to increased analysiscosts. But the analysis sheets seem to be more likelyto prevent some near misses and accidents (whichhave caused vessel losses) involving contaminatedfuels that have plagued the industry.)ELECTRIC BOAT GETS 1.3 BILLION INNAVY WORK - In December General DynamicsElectric Boat Corp., Groton, Conn., was awarded a$1,274,545,405 modification to previously awardedmulti-year contract for Fiscal Year 2007 VirginiaClass Submarine (SSN 782) and Advance Procure-ment (AP) funding for the FY08 submarine (SSN783). Work will be performed in Groton, Connecti-cut (30 percent), Quonset Point, R.I. (15 percent) andNewport News, VA. (15 percent), with other effortsperformed at sites around the United States (40 per-cent). Work is expected to be completed by April2014. The Naval Sea Systems Command, Washing-ton, D.C., announced Electric Boat is also beingawarded a $50,689,453 firm-fixed-price delivery or-der under the multiple award for preparation and ac-

complishment of the FY07 Docking Selective Re-stricted Availability of the USS Albany (SSN 753).Work will be performed in Norfolk, VA, and is ex-pected to be completed by May 2007. Contract fundsin the amount of $36,729,367, will expire at the endof the current fiscal year.SHIPBUILDING CONTINUES TO FOLLOWLEAST EXPENSIVE SKILLED LABOR - Indianshipyard ABG has won an order from Singapore’sPacific First Shipping for 9 anchor handling and sup-port vessels and three bulk carriers worth a total of$230 million. The last of the vessels is due for deliv-ery in 2009. The bulkers will be of around 54,000dwt, although the yard has also announced that it isnow accepting orders for building in its soon to becompleted yard at Dahej, which has a maximum ca-pacity of 120,000 dwt. (Source: Maritime Reporter)CRISIS IN AMERICAN SHIPBUILDING: IM-MOVABLE FORCE AND IRRESISTIBLE OB-JECT: THE JONES ACT - Supporters of the na-tion’s cabotage laws say they must always be readyto quash efforts to weaken the Jones Act. Thoughsome gains have been made in recent years in areassuch as foreign financing and foreign vessel opera-tions in the oil patch, attacks on the Jones Act con-tinue to come from many different directions.

For example, there’s the use of foreign-flaggedships to move cargo between two U.S. ports, the useof non-U.S. citizens on U.S. cruise ships, and, verynear and dear to many: the use of foreign componentsin “U.S.-built” ships above an acceptable (and debat-able) threshold. The last issue is especially contro-versial as a shipyard putting together several Ameri-can built (or are they?) double hulled tankers inPhiladelphia is defending itself against suits cryingfoul in the name of the venerable Jones Act. Thevessels comply with all USCG and ABS guidelinesand are being built by some of the last Americanshipyard workers building large blue-water commer-cial vessels. The problem is the definition of "com-ponent parts". When is a foreign component part solarge that the ship should not be considered "Ameri-can-built?" If gaskets in the hydraulic systems aremade in Korea, is that a violation of the substantial"American-built" clause in the Act? If the anchorswere forged in Taiwan, is that a violation that crossesthe Jones-Act threshold? How about the entire bowand stern sections, involving most of the intense, de-tailed, non-automated (and therefore very expensive)hand-labor on the vessel, which were built in China?

That's the problem for Aker Philadelphia Shipyard,struggling to complete these commercial vessels asAmerican built in a world of an un-level shipbuildingplaying field. Aker is using US steel and US workersin a straight-out highly automated assembly of allmajor flat panel sections of the vessels, attaching

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them to Chinese-built bow and stern sections. It's afact that the labor-intense bow and stern sections arecheaper if built in China and shipped to the US thanif assembled using US steel and US labor, and, farmore importantly, Aker evidently wouldn't be able tobuild them at all without that cost advantage. (Andnot building them means no US workers and no USsteel in any of the vessels.)

Supporters say the Jones Act’s strength depends onenforcement and vigilance. Businesses continue to tryto “chip away at the Jones Act,” said Philip Grill ofthe Maritime Cabotage Task Force. Though theJones Act is not in any serious trouble at the moment,Grill said it “requires constant monitoring.”

One big item Jones Act supporters continue tomonitor is the federal government’s granting of JonesAct waivers. They say vessel waivers are oftengranted too quickly during times of “emergency” andin the name of national defense when in fact there isplenty of U.S.-flag capacity around to handle the de-mand.

Constant vigilance is important, it strict supporterssay, but the government needs to firm up its oversighton the rebuilding of U.S. ships in foreign yards andthe use of foreign ships to move U.S. domestic cargo.The question remains as to how tight or loose theinterpretation should be, and what the cost as op-posed to benefits of either tack might have on theremnants of the once-proud commercial US ship-building. The use and interpretation of the Act isindeed a double-edged sword.INDUSTRY “SUPPORTS IACS” IN EUROPEANCOMMISSION'S CLASH WITH CLASSIFICA-TION SOCIETIES - In late December the Interna-tional Association of Class Societies (IACS) said ithas the support of the major shipping industry repre-sentative bodies in its ongoing argument with theEuropean Commission which is pressing for mutualrecognition of equipment certificates by class socie-ties. IACS's claims that mutual recognition ofequipment certificates issued by class will reducesafety are supported by ship owners, shipbuilders andmarine insurance. It says that IACS Council met lastweek with leading representatives of internationalshipping and marine industry associations, includingInternational Chamber of Shipping (ICS), Intertankoand Intercargo, representing the ship owners, Com-mittee for Excellence in Shipbuilding Standards(CESS) representing the shipbuilders and Interna-tional Union of Marine Insurance (IUMI) and Inter-national Group of P&I Clubs representing marineinsurance.

The European Commission is proposing a revisionof Class Directive 94/57. In this, the European UnionRecognized Organizations (ROs), namely 13 classifi-cation societies, some of which are non-IACS, shall

agree on the conditions under which they will mutu-ally recognize their respective class certificates, andthis raises safety issues.

IACS says in a statement: “Mutual recognition" ofcertificates is not a recipe for enhanced safety. Onthe contrary, dilution and fragmentation of the certi-fication responsibility will lead to reduced, not im-proved, safety of ship construction and operations.This fragmentation of responsibility is a major con-cern whenever something goes wrong.”TAKING MY OBA FOR A WALK - The Journalof Occupational and Environmental Hygiene (JOEH)January 2007 issue addressed self-contained self res-cuers (SCSRs) used for emergency escapes in oxy-gen-deficit atmospheres. Certified by NIOSH to last1 hour, SCSRs generate oxygen by chemical reactionand must meet a minimum oxygen generation time of60 min when used according to instructions - essen-tially the same basis for the Oxygen Breathing Appa-ratus (OBAs), familiar to us all. Wearers must walkor crawl at a controlled rate to conform to the limitsof the devices. The aim of the study was intended todetermine the distance that can be walked when usingSCSRs as intended.

Fourteen volunteer subjects walked on a treadmillat moderate rates that they controlled. They wereinstructed to walk as far as possible without usingoxygen at a rate higher than the SCSR could produce.Distances walked ranged from 2.1 km to 9.2 km withan average distance of 6.0 km. SCSR operating timesranged from 30 min to 94 min. If the required walk-ing distance is farther than this, multiple units willhave to be available to allow safe escape.

Evidently the concern about the performance ofthese devices arose as a result of a reexamination ofescape devices in light of the serious US coalmineaccidents in early 2006.THE END OF HEAVY RESIDUAL MARINEFUELS? - "DISTILLATE FUEL AS THE ONLYOPTION" GATHERS MOMENTUM - Starting inNovember reports began appearing in the MarineGlobal Net of the move to make the entire worldmerchant fleet switch from residual fuels to moreexpensive distillate fuel. The basis of the move ap-pears to bring vessel sulfur air pollution under con-trol, even while at sea. The controversy raging nowis how it will be accomplished: with scrubbing hard-ware and by limiting use of residual fuel oil to use atsea and not near land, or by eliminating use of high-sulfur residuals in lieu of cleaner and more expensivedistillate fuels.

The proposal to eliminate residual fuels from shipsmade considerable headway at a meeting in Novem-ber in Oslo of the International Maritime Organiza-tion’s (IMO) Bulk Liquids and Gas Sub Committee’sWorking Group on Air Pollution. Intertanko (The

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International Association of Independent TankerOwners, whose membership is open to independenti.e., non-oil company and non-state owned tankerowners, proposed a global sulphur content cap of 1%(against the current 4.5% -!) by 2010, to be reducedto 0.5% by 2015. This would be achieved by com-pulsorily switching wholesale to distillate fuel. In-tertanko had lobbied intensely during the run-up tothe meeting on the issue. Intertanko's position hassplit the main shipping industry representative orga-nizations, however.

Intertanko pointed out the switch would lead to alarge reduction of SOx, PM (small particulate) emis-sions along with significant further reduction of NOxand CO2 emissions, but with no other investment thana higher price for the fuel (i.e., without any new oradditional hardware installations or costs). Mostother shipping industry organizations, however, ar-gued against the proposals and for a ‘holistic’ ap-proach incorporating more than one technical solu-tion, partly on expense and supply grounds and partlyfor environmental reasons.

The Intertanko proposal nevertheless received con-siderable notice with several countries expressingsupport. Netherlands, Norway, Sweden and the USall indicated a level of support for the idea. In addi-tion the European Commission (which has observerstatus at IMO) said that it would discuss the matter atBrussels. The working group is taking forward threeoptions: the status quo, stricter limits in SOx Emis-sion Control Areas (SECAs) and one based closelyon the Intertanko proposal although leaving open thepossibility of using residual fuel with abatementtechnology.

On December 1, The Asian Shipowners’ Forum(ASF) Safe Navigation & Environment Committee(SNEC), like its ASEAN counterpart, issued a state-ment opposing Intertanko’s proposal for the worldfleets to switch from residual to distillate fuel. How-ever the SNEC move was made against a strong rec-ommendation from Hong Kong Shipowners’ Asso-ciation in favor of the Intertanko initiative.

The SNEC statement says that, while it fully sup-ports efforts in environmental protection, SNEC isconcerned with Intertanko’s proposal for all ships toswitch from residual fuel to distillate fuel. It argued:“Besides substantial cost increase, the Committee isparticularly concerned whether there were any dueconsideration given to the supply capability of therefining industry to meet the sudden increased de-mand for distillate fuel. SNEC is in favor of a grad-ual reduction in the sulphur cap on gas emission frombunker fuel over time. At the same time, thoroughfeasibility studies should continue into the use ofabatement technologies.”

This week, bringing the issue further in a remarka-bly blunt statement, Hong Shipowners Association(HKSOA) disassociated itself from a recent Interna-tional Chamber of Shipping (ICS) statement on emis-sions policy. The HKSOA statement was in responseto a February 14 ICS statement on its submission toIMO making clear that it did not support such themove to a distillate requirement and arguing a holis-tic, goal-based approach embracing different techni-cal means of reducing emissions, including use ofabatement technology.

In a move separating it from most far-east ownerrepresentative organizations, HKSOA said: “It is theHKSOA’s view that the shipping industry must beproactive in reducing air emissions from ships. TheHKSOA believes that the most effective and earlyreductions can only be made through regulation thatwould determine the use of distillate with a globalsulphur content cap of 1% in ships’ engines. There isno partial or intermediate solution. The HKSOA doesnot believe in the concept of SECAs, as these, in theAssociation’s view, are little more than regionalregulation dressed up in an international convention.The HKSOA is, furthermore, concerned that thechangeover from high sulphur, high heat and highviscosity fuel to low sulphur, low heat and low vis-cosity fuel at the entrance to SECAs is an inherentlydangerous process in quite possibly the most con-gested part of a ship’s voyage. The use of distillatewith a global cap of 1% would make the SECA con-cept redundant. While the HKSOA fully supports thedevelopment of alternative technologies to reduce airemissions, the Association does not support the useof scrubbers or any other technology that would per-mit the continued use of residual fuel in ship’s en-gines."

In an especially revealing and terse portion of thestatement, HKSOA said: "Ships have incinerated thewaste products of refineries for long enough, andshipowners and their crews would now welcome amove towards the use of clean fuels that do not needextensive treatment before use. The (Hong Kong)Association does not support any solution that wouldrequire the fitting of even more treatment equipmentthat would be expensive for the owner to fit, tomaintain and which would present difficulties in thedisposal of the residues, the failure of any part ofwhich could result in port state control detention.”

In a related development, indicating how serious(and possibly heavy-handed) the European Union(EU) can and will be on environmental issues, theEuropean Maritime Safety Agency has told the Inter-national Bunker Industry Association (IBIA) it can-not attend a key EU seminar on air emissions fromships (!) The seminar is intended to contribute toIMO’s current review MARPOL Annex VI. Euro-

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pean Union government officials and a few industryrepresentatives have been invited.

The seminar agenda, held at EMSA’s new Lisbonheadquarters February 15 and 16, and jointly run withthe European Commission’s Environment Director-ate, nevertheless gives a prominent platform to tankerowners group Intertanko to promote the compulsoryswitching of the global merchant fleet from residualto distillate fuels.

It understood that EMSA has cited “time con-straints” for not inviting IBIA which has IMO ob-server status and whose input has previously beentaken into account by EC officials when formulatingbunker-related issues. IBIA represents most bunkersuppliers, brokers and traders worldwide as well asmany bunker purchasers.

IBIA secretary general Ian Adams said: “We aredisappointed not to be invited to express the views ofthe bunker industry and in particular of those in-volved in production and supply of bunker fuel. Weunderstand the time constraints but do feel the focusof the meeting could be misdirected if it does notlook at the issues from a practical point of view.”

Following a presentation by EC officials on theirair quality strategy, the Intertanko representative atthe meeting will outline his organization’s controver-sial policy which is strongly opposed by both IBIAand the International Chamber of Shipping. (Source:Marine Global Net)ERICA TRIAL BEGINS - In an event that parallelswhat the EXXON-VALDEZ disaster did in the US inits impact on regulatory processes, the European trialof those alleged responsible for the environmentaldisaster of the Maltese-flag tanker ERICA in 2000began February 15 in Paris. The tanker split in twoand sank near the coast of western France spillingsome19,000 metric tons of oil, polluting 400 kilome-ters of beach, and killing some 150,000 seabirds.

Fifteen defendants are charged with marine pollu-tion and risking the lives of others. Named in the suitare the tanker’s owner, its classification societyRINA, French maritime officials and the companiesinvolved in chartering the vessel: Total TransportCorporation and Total Petroleum Services. The keyaccusations are that they (Total) chartered a tanker ofdubious seaworthiness in order to meet a tight dead-line for delivery of the cargo to Italy. (Source: Mari-time Global Net)

- ACCIDENTS -

POWER PLANT HYDROGEN EXPLOSIONKILLS DIRVER AND INJURES NINE WORK-ERS - On January 8, a powerful explosion at a coal-burning power plant in southeast Ohio killed oneworker and injured nine others.

A delivery driver was unloading liquid hydrogeninto cylinders just outside the Muskingum Riverpower plant, owned by American Electric Power,when the explosion occurred. Plant officials are un-sure whether the truck or hydrogen tubes exploded orif there was another cause, a company spokespersonsaid. The delivery driver was killed and nine AEPemployees were hospitalized, mostly with cuts andbruises. There was no major damage to the plant,which employs 210 workers. Hydrogen is deliveredto the plant about once a week and is used to coolsteam generators. (Source: Coastal's 'Safety Cur-rents')BOSTON PILOT DIES IN FALL FROM PI-LOTS LADDER - This past October 24 veteran pi-lot Robert B. Cordes fell to his death while climbinga Jacob's/Pilot's ladder on M/V BALDOCK at theChealsea Eastern Minerals Terminal. The terminal isin Chelsea, Massachusetts, in the northern end of thePort of Boston. According to USCG senior investi-gator LT Gregory Callahan, Cordes lost footing nearthe top of his climb, fell backwards some 30 feet andhit a deck barge moored next to the ship. Cordes wasa veteran pilot with over 30 years experience. Thevessel was in port, and moored at the terminal (off-loading salt) in calm conditions. These ladders, al-ways a thrill to climb in any sea condition, are oftenseen in less than ideal condition. In this case, how-ever, though the USCG investigation was still ongo-ing at the time of the news of the Boston fatality,USCG stated that there appeared to be "no abnor-malities about (the incident)".

The publication Professional Mariner reported thatthis was the third pilot fatality from boarding falls in2006. On January off Portland, OR a Bar pilot lostfooting in 18-20 foot seas while transferring from aship to his pilot boat and drowned. Less than threeweeks later, another 30-year veteran pilot fell be-tween a cruise ship and his pilot boat off Hawaii andwas killed.

Chapter 5 Chapter 23 of SOLAS has the followinglanguage regarding rules for pilot ladders, which weall see to greater or lesser degrees:• Each step should rest against the vessels side,• Each step should be secured so it remains horizon-

tal,• The steps should be equally spaced at intervals

between not less than 11.8 and not greater than 15inches

• The side ropes should be continuous, uncovered,and not less than 0.7 inches in diameter,

• Spreaders (used to stabilize the ladders) must beplaced as the rope ladder's fifth step, and thereafterno less than every eighth step being a spreader,

• The spreaders must be 71 inches or more in length,and

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• If the freeboard of the vessel using the Jacob'sladder is more than 29.5 feet (9 meters), the vesselshould also have an accommodation ladder withrigid stanchions and handrails. (Source: Profes-sional Mariner)

SHIPYARD CHEMLAB EXPLOSION - An ex-plosion in the Chemistry Laboratory at the GeneralDynamics facility in Groton, Connecticut illustrateshow easy it is to become complacent when usingflammable compressed gas.

A new instrument, an induction coupled plasma-mass spectometer (ICP-MS) was replacing an olderICP. The new instrument required methane to removeinterferences in the sample. Only a small amount ofmethane was required to perform this function: 0.7mls/minute@7 psig. There was an unused hydrogenline that went from outside the lab where the gascylinders were stored to inside the lab to the instru-ment. It was decided to convert this line to methaneuse. The instrument was designed with an internalregulator and to have high-pressure methane supplieddirectly to the regulator.

A technician hooked up the methane to the existingline that was dead-ended and performed a leak checkon the piping. At this time he discovered a small leakat a fitting inside the lab and decided to replace theSwagelok type fitting. He went back outside to re-pressurize the line and leak check it again. When hedid the full 2200 psig in the bottle hit the newly in-stalled fitting and blew it off. At this time it is notclear why the fitting failed but it appears that it wasnot correctly installed by the technician. This allowedthe methane to flow into the lab unregulated.

At the time a second technician was working at an-other ICP in the area. He was unaware of the ongo-ing leak testing of the methane line. He had theplasma flame going in the ICP. Above the flame wasan exhaust duct which drew the methane to theplasma. It is surmised that the plasma flame ignitedthe methane. The explosion caused first and seconddegree burns to the technician on the ICP, set off thesprinklers and did extensive damage to the labora-tory. Fortunately, the technician was treated and re-leased and was back at work the next day.

Many lessons can be learned from this incident.The technician preparing the line had worked in thelaboratory for many years and was aware of the haz-ards of flammable gasses as he had been qualified asa competent person but may have become compla-cent.

Other lessons are:• Do not use a flammable or toxic gas to perform

leak checks• Only qualified persons should work on high pres-

sure gas lines

• If at all possible install a pressure regulator at thegas cylinder

• Notify others working in the area of possible haz-ards when performing potentially dangerous work

• Secure all ignition sources during initial hookup offlammable gassesWe all work with potentially dangerous chemicals

or products on a daily basis and it is easy to becomecomplacent. Take the time to step back and reviewthe process and say. Is this the best and safest way toget this job done?MAINTENANCE WORKERS INJURED INPORTLAND SHIPYARD EXPLOSION - Twoshipyard workers were injured in a weekend explo-sion on Swan Island on Sunday, December 10, 2006.The blast happened at about 7 a.m. at Cascade Gen-eral Shipyard. Investigators say maintenance work-ers opened a vault to a natural gas line that apparentlyhad a leak in it. Soon after the crews opened thevault door the gas exploded. The vault was a 3' by 3'shallow utility vault in the old section of the facilitydating from 1937 when it was a Kaiser Shipbuildingyard. Reports said it was not a vault that could becompletely entered, but on that workers could merelyreach into once the cover is removed.

Rescue crews rushed the two injured workers toLegacy Emanuel Hospital. One was said in seriouscondition, but the other was treated and soon re-leased. The other was expected to recover.

The vault contained both natural gas and oxygenpiping and had in fact been opened the day prior tothe incident. The yard's SCP tested the vault shortlyafter the incident and got "air readings". Inspectorsunofficially stated that the dragging of the steel coverover the edge of the vault to open it apparently sup-plied the spark.(Source: John Flynn, CMC, CSP)WELDER KILLED IN SHIPYARD EXPLOSION- At 7:12 PM Tuesday, November 28, 2006, a welderwas killed in an explosion at a Harvey, Louisianashipyard. The man, identified as a Mexican national(and whose name was not released at the time pend-ing notification of family) was preparing to reenter asection of the hull of the boat the M/V KLJ ERICK-SON on drydock at the Bollinger Quick Repair yardin Harvey, when he was thrown from the boat by theexplosion, said Bob Garner, Jefferson Parish Sheriff'sOffice spokesman. He was the only injury in theexplosion.

The man was a welder for the Lafayette subcon-tractor Hudco and had been working for the companyfor eight to 10 months, Garner said.

A Bollinger spokesman announced the accidentwas under investigation. "Bollinger takes any acci-dent very seriously and operates under the goal ofbeing the safest shipyard in America. This is a tre-

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mendous loss to the Bollinger family of employees,and as we better understand the circumstances, wewill have further comments," he said. "I don't re-member the last time we had a casualty"

Later the OSHA investigation indicated that thearea worked was a cofferdam area where a marinechemist's certificate was not required. (Later uncon-firmed information indicated, however, that the cof-ferdam involved in the accident was actually boundedby a vessel fuel tank, and should therefore have re-quired a marine chemist's certificate. It is neverthe-less uncertain whether the source of the explosionhad anything to do with the adjacent spaces.) At thetime of first reports it was not known if he was usinghis welding equipment at the time of the explosion orwhat might have sparked the blast. Later focus wason his equipment given the nature of the vessel andthe lack of volatile fuel, cargo or residues. Theworker had set up and used acetylene and oxygenlines in the space. Suspicion was that leaking linesallowed gas into the cofferdam during the dinnerbreak. The worker's striker was reportedly found atthe bottom of the cofferdam after the accident, and itis theorized that the worker dropped it when reenter-ing the space. OSHA noted that the SCP had notinspected or tested the space prior to the entry andexplosion.One unconfirmed report said the worker waslaunched by the blast through the air from the open-ing he was entering. He caught a cable in flight andwas decapitated.

(Note: This is at least the third "shot from guns"marine gas ignition accident reported in the last 25years) (Source: The Times-Picayune and WAFB Ch9 Baton Rouge) CARBON MONOXIDE KILLS TWO - NEWBEDFORD, MASSACHUSETTS - On Monday,November 13, 2006, carbon monoxide killed onedockworker and left another in serious condition andclinging to life. Source of the CO was a gasoline-powered pressure washer they were using to clean apoorly ventilated water tank in a scalloper docked atLeonard's Wharf, police said.

Police Department spokesman said three dock-workers were using the power washer in a water tankbelowdecks of the F/V SANDRA-LEE. The powerwasher was evidently brought into the space beingcleaned rather than have its line run into the spacewhile the machine's engine exhausted to the weatherair. Scrubbing proceeded, but just before 12:40 PM,one of the men passed out.

Another worker ran to call 911. He returned with apatrolman. While the worker and the officer weretaking the unconscious man out of the tank, anotherworker passed out, police reported. When otheremergency officials arrived, dockworkers were per-

forming CPR on the first victim, who had stoppedbreathing. He was taken to a local hospital where hewas pronounced dead. Police later said they wererelatively certain carbon monoxide was the problemon the SANDRA-LEE, as no solvents were used inthe cleaning. When firefighters arrived and measuredthe level of carbon monoxide in the vessel's forwardfreshwater tank, readings exceeded the capacity oftheir meters: greater than 1,000 ppm. Nevertheless,rescuers proceeded, evidently not properly protectedin that nine would-be rescuers and workers were sentto the hospital.

"Fumes (sic) from the power washer sent two otherworkers to the hospital, along with five paramedics, afirefighter and a police officer." Police later said alltheir men and other rescuers were in good conditionhours after they were taken for treatment. Due to thenumber of victims, New Bedford Emergency Serv-ices declared a Mass Casualty Incident. Those af-fected were disbursed among three local hospitals.

Regarding the seriously injured worker, the ownerof the SANDRA-LEE, one of more than 15 vessels inone of New Bedford's largest fishing fleets, said itwas hoped that doctors would "clean his system"using a hyperbaric chamber. It was later reportedthat attempts to reverse the affects of CO exposureusing the hyperbaric chamber failed and the workerwas pronounced brain-dead a couple of days later.He was taken off respiratory support and died.

Interestingly, newspapers quoted one of the on-lookers, a fishing boat captain himself, who said hewas familiar with what can happen when a powerwasher is used on a boat. Michael Allen, skipper ofthe scalloper SUSAN MARIE which was docked atHomer's Wharf for repairs at the same time, said heonce hired a professional cleaning crew to scrubleaked hydraulic fluid out of his fish hold in his homeport of Cape May, New Jersey. While he and hiscrew were out to lunch, two cleaners brought a gas-powered pressure washer into the hold. They openedall of the hatches, Mr. Allen said, but even that didn'thelp enough air circulate.

"When I returned, I heard the machine running andboth of them had passed out," he said. Both workerswere left in serious condition but recovered, Mr. Al-len said, adding that he and other members of hiscrew had to be treated for carbon-monoxide inhala-tion after pulling the cleaners out.

(News forwarded by Greg Grondin and Phil Giles)

- AND THEN SOME -

WILL ROGERS - who died in a plane crash withWylie Post in 1935, may be the greatest political sagethis country has ever known. Weigh the following: 1. Never slap a man who's chewing tobacco.

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2. Never kick a cow chip on a hot day. 3. There are two theories to arguing with a woman.

Neither works. 4. Never miss a good chance to shut up. 5. Always drink upstream from the herd. 6. If you find yourself in a hole, stop digging. 7. The quickest way to double your money is to fold

it and put it back in your pocket. 8. There are three kinds of men: The ones that learn

by reading, the few who learn by observation, andthe rest of them have to pee on the electric fenceand find out for themselves.

9. Good judgment comes from experience, and a lotof that comes from bad judgment.

10. If you're riding' ahead of the herd, take a lookback every now and then to make sure it's stillthere.

11. Lettin' the cat outta the bag is a whole lot easier'nputtin' it back.

12. After eating an entire bull, a mountain lion felt sogood he started roaring. He kept it up until ahunter came along and shot him. The moral:When you're full of bull, keep your mouth shut.

ABOUT GROWING OLDER...

First ~ Eventually you will reach a point when youstop lying about your age and start bragging aboutit.

Second ~ The older we get, the fewer things seemworth waiting in line for.

Third ~ Some people try to turn back their odometers.Not me, I want people to know "why" I look thisway. I've traveled a long way and some of theroads weren't paved.

Fourth ~ When you are dissatisfied and would like togo back to youth, think of Algebra.

Fifth ~ You know you are getting old when every-thing either dries up or leaks.

Sixth ~ I don't know how I got over the hill withoutgetting to the top.

Seventh ~ One of the many things no one tells youabout aging is that it is such a nice change frombeing young.

Eighth ~ One must wait until evening to see howsplendid the day has been.

Ninth ~ Being young is beautiful, but being old iscomfortable.

Tenth ~ Long ago when men cursed and beat theground with sticks, it was called witchcraft. Todayit's called golf.

And finally ~ If you don't learn to laugh at trouble,you won't have anything to laugh at when you areold.

- MCA EXECUTIVE COMMITTEEMINUTES -

Hilton O'Hare Airport, Sunday, 15 October 2006

• Call to Order: 08:00• Roll Call: John Bell/chairman, Don

Sly/chairman-elect, Greg Grondin/past-chair,Don Raffo substituting for Jim Chan-dler/Atlantic Section-April, 07, David Bennett,Atlantic Section-April, 08, CraigTrettevik/Pacific Section - April, 07, FrankMonaghan, substituting for Henry Soren-son/Pacific Section-April, '08, Scott God-frey/Gulf-Inland Section - April, 07, Jack God-frey substituting for Tom Littlepage (acting)April, '08/Gulf-Inland Section - temporary re-placement for Kimble Lehman who resignedupon being elected, Larry Russell/NFPA, LesBlaize/assistant secretary, EdWillwerth/secretary.

• After a report from Chairman Bell, following arequest ed motion from MCA LM Bill Ha-taway: to replace Les & Ed with William Ha-taway. The motion was made, seconded andrejected : 10-0, with two abstentions: Les &Ed.

• Motion was made to set the September meetingas a date to assess the performance of the Sec-retary and Assistant Secretary annually at thisfall meeting. Seconded & Approved: 12-0.

• Motion was made to introduce Les' stipend intothe MGHCP's budget request from MCA. (Les'stipend is currently taken from the MCA dues.)Seconded & approved: 12-0.

• MCA Program ExCom Orientation/Ed: Tableduntil Annual Seminar meeting when new mem-bers will present.

• Minutes of Last ExCom Meeting/Comments,Changes & Approval. Motion to ac-cept/approved

• Minutes of Last General MCA MembershipBusiness Meeting/Comments, Changes &Approval. For review.

• To-Do Review (From St. Pete Meeting - As re-minder & perspective review):

- Responsibilities of Sec/Treasurer & Asst.Sec/Treasurer for Membership Directory -Ed & Les- Multiple-year Plan re: modules, FLC en-dorsement training, website information. -Greg- NFPA 306 issues meeting & report-Les,John, Ed & Frank.- Site report, 2007 Annual Semi-nar/Charleston, SC - Ed

• Committee Reports:

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• NFPA/Larry: Deadline for 306 RPO is17:00 EST, 22 November 2006. The ROPmeeting may be January 16 or 17 in Hous-ton TX (Note Possible conflict with MA-COSH Meeting!). NFPA 306 Chair isNorm Wallace, ABS, who will host themeeting.

• MCQB/ Larry: A Certificate audit has beenrequired by MCQB that must be compliedwith by October 30, 2006. Ten sequentialcertificates issued after August 1 must besubmitted to Larry by then. NFPA is tryingto get access to the MCA Annual SeminarProceedings and other routine mailingsavailable electronically to chemists throughthe NFPA website. Gerald West notifiedNFPA MFS that he has retired and sent anice letter to Larry. A chemist did not meetthe requirements to become recertified.Larry found eight names of ABS certifiedchemists in old ABS records while visitingLondon's ABS office whose names are notin the directory. Larry gave a copy of thesechemists to Ed. ExCom thanked Larry forthis work. There are sixteen chemist train-ees in the program, three of whom wereapproved in July at the St. Pete meeting.Larry mentioned that USCG Port Security,in checking documents of entry & exit logs,indicate extraordinary productivity bychemists: Larry reminds all chemists thatUSCG and other are watching us as weperform professionally. There have alsobeen complaints about the lack of avail-ability of chemists in some ports - coveragein some ports is sometimes thin. There iscurrently a vacancy on MCQB as DickMiner has changed employers. As for top-ics for the Sectional Training Seminars, theonly topics are SFLHW and "readily avail-able" re: inerting, but Larry will not bemeeting with MCQB on October 25 & 26October and will not have their input be-fore then.

• MFSC/MGHCP/Larry: A meeting is sched-uled in Washington DC for 9 January 2007,Karen Haase/API will be hosting. Joe Coxdiscussed the MCQB suggestion about howto deal with those chemists delinquentlybehind on their surcharge payments andwill treat things on a case-by-case basis.(Rosanne Pazek is the MGHCP auditor andprogram administrator.)

• SSRAC Committee/GGG - Report fromRobbie Walker read by Greg Grondin: TheNavy's budget has been greatly reduced

and they stated that they "can no longerafford the zero-risk option", indicatingthere will be cuts in some safety-related re-quirements, but there is no known affect toCMC work. No significant changes havebeen made to the Navy Standard Items thataffect marine chemists. There will proba-bly be a decrease in Navy contractor over-sight for certain QA items.

• NFPA 306 MCA Representative Oct.14 Meet-ing Report/John, Les. Ed, Frank Monaghan(Moved to end of meeting.)

• MACOSH/Don Raffo - Meeting was heldSeptember 27, 2007. Most of the issuesmentioned for possible future in-depthstudy as committee work were longshoringsafety & health issues. Hot work on coat-ings and spray painting may be of concernto shipyards. Subpart F (LO/TO) continuesto be delayed, and may not make it out thisyear. The next MACOSH meeting is tenta-tively set for January 16, 2007 in Wash-ington.

• Education Committee/ Don Sly/All: 2007Seminar Ideas - Ideas discussed at the St.Pete beach ExCom meeting were looked atand Don mentioned cold work and expo-sure to toxic solvents. This could coverphysical hazards and liability concerns.We will also discuss NFPA 306 proposals,which should be set by then (RPO will bepublished by 27 June '07). John mentionedthat a presentation of a review of Subpart Pmight be in order. Don also mentionedthere was a marine dust explosion that hecould review. Greg mentioned recertifica-tion requirements, "near misses/ lessonslearned" (Larry), and paying surcharge re-quirements were agreed as standard reoc-curring items for the Sectional Seminars.(Dave mentioned that Dr. Pratt might be aspeaker discussing "stray currents" at thenational.)Schedule of Sectional Seminars:Pacific Coast Sectional Seminar: Saturday,February 24, 2007, Courtyard Marriott,San Diego, CAAtlantic Coast Sectional Seminar: Satur-day, March 10, 2007, Atlanta, Airport, GA(Hotel: TBA)Gulf-Inland Sectional Seminar: SundayMarch 11, New Orleans, LA (Hotel: TBA)

• Nominations Committee/Greg: '07 Sectional& Chairman's Election - Elections are to beheld this spring. Don Raffo has stepped upto stand for election as Chairman-elect.

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• Ethics Committee/Greg. - No issues/no re-port.

• Insurance MC Fund Report/ John com-mented about changes in business havemeant a request for a decrease inpremiums, and the MCF concurred. Edreported that the liability policy wasrennewed and has come in slightly lessexpensive. Next MCF meeting is inDecember in San Diego.

• By Laws Committee Report/MCA Policies &Procedures: /Ed - Reviewed compilation ofsecretary & Assistant Secretary's Duties.The list was added to and accepted.

• Secretary's Report/Ed reviewed the generalbudget process and displayed a modelbudget for 2007. After discussion, the ideaof a Research & Development Line Itemwas proposed and thought an excellent ideaas part of a request from MGHCP for2007..

• Old Business• "Life Members" changes to ByLaws: election

mandate/Ed - ballot will go out after both pro& con arguments are prepared and edited.

• ACGIH's TLV for diesel vapor/Ed: No report ormovement from ACGIH on splitting vapor andmist TLVs.

• Documentation for H2S's TLV/Ed - not yet- noaction from ACGIH either on changing TLV ofH2S from 10ppm to 1 ppm.

• Scholarship Award Program for '07 Schedule:Awards/Ed reviewed 206 awards and pointedout that 2007 cannot hold as much for granteessince 2006 was "double-award" year. (Sincethere were no applicants in 2005, 2006 and2005's contribution were rolled into 2006's.)

• OSHA's Subpart F - General Conditions espe-cially LO/TO - Progress? OSHA reports this isstill "in-the-works": significant delays havebeen experienced with this standard and areexpected to continue.

• ChemCert Program: MCQB, MFSAC, MGHCPNFPA & MCA: - A discussion of the budgetaryfuture and possibilities of the program wasmade.

• New Business• MCA's '07 Annual Seminar: Charleston, SC,

mid-July, 2007 Technical & Social ProgramReview, July/Ed & Les

• Responsibilities of Sec/Treasurer and Asst toSec/Treasurer being added to the rules.

• NFPA 306 MCA Representative Oct.14Meeting Report/John, Les. Ed, FrankMonaghan A list of issues discussed by theMCA NFPA 306 Subcommittee was re-

viewed quickly. Resolving the isue of CHT"toxicity" inspections seemed to be the mostdifficult item.

• Next Meeting: Sunday, February 25, 2006,Marriott Courtyard, 2435 Jefferson Street,San Diego, CA, 800/255-3544 and 619/260-8500

• Adjournment – Time: 14:08