Keson Industries, Inc workshop compounds or chemicals

The reports, as CPSC published them

1. Hurt, care not known

   Made Mar 11, 2014 · , sent to the company May 28, 2014 · , published by CPSC Jun 11, 2014

   The product, in the report: Keson’s chalk

   I am writing to you to respectfully request your assistance in a matter that affects all New York State residents. I have worked as a surveyor for many years. In 2010 I became totally disabled due to COPD and am currently going through testing necessary for being put on the lung transplant list. I recently bought a container of [REDACTED]Marking Chalk and found a warning label on the container that concerned me in reference to my illness. I believe it is a contributing factor to my illness and in fact is what has caused my illness to progress as rapidly as it did. The [REDACTED] container states: “Wear appropriate safety items including eye goggles. Avoid inhalation of product as it contains silicone dioxide which may be injurious to your health. Keep out of reach of children. Warning: May cause lung, skin, or eye irritation. MSDS available upon request.” From 2002 through 2010 I used a product called ProChalk manufactured by Keson Industries, Inc. located in Illinois. I have a container of Keson’s chalk from when I was still working. The only caution on the container reads: “Red & Yellow chalks are permanent colors. There is no none way to remove them. Use accordingly.” There is nothing on the label to indicate any possible health risks. I recently bought a new container of Keson’s chalk with a redesigned label. The warning on this new label states: “Chalk can permanently color some surfaces. Please use accordingly. Keep out of reach of children. Always wear appropriate eye precaution. This product contains chemicals known to the State of California to cause cancer and other reproductive problems.” There are no MSDS’ (Material Safety Data Sheet) with the containers even when they are purchased by the case. I was able to obtain one• dated January 1, 2013 by going on-line. There is no concentration listed of the principal components: Iron Oxide, Calcium Carbonate, and Silicon Dioxide. Under Health Hazard is a comment that “two of the ingredients, Calcium Carbonate and Iron Oxide contain crystalline silica at levels between .01 and 2%. There is some evidence that this material may be carcinogenic. Limit exposure to the lowest limit possible.” Under Emergency First Aid Procedures for inhalation it states: “Remove victim from dust area to fresh air. Give artificial respiration if not breathing. Call a physician.” Under Special Protection Information it states “Respiratory Protection: An approved NIOSH respiratory should be worn when TWA limits are exceeded. Ventilation: Use local ventilation to keep dust levels below recommended exposure limits. If exposure limits are exceeded, a NIOSH approved respirator for mineral dust should be worn. Protective clothing: Employees must wear gloves. Eye protection: Chemical safety goggles or safety glasses with splash guards.” There is no mention of what the exposure limits are. TWA I have found out stands for Time Weighted Average Exposure-15 minutes. I used this product for well beyond that time frame sometimes for several hours at a time. Many days I came home with my clothing totally covered with the dust from the chalk. I was able to compare the MSDS from Keson Industries with one for marking chalk manufactured by [REDACTED] Products. While Keson’s MSDS is only two pages, [REDACTED]’s MSDS is 10 pages long. The [REDACTED] MSDS was prepared December 11, 2007 and revised on July 29, 2010. Clearly the Keson MSDS should have the same information regarding the Crystalline Silica used in their product. [REDACTED]’s MSDS clearly states that a concentration of just .1 to 1.5% of Crystalline Silica is harmful. The Emergency Overview on the MSDS states: “Product Description: These products are colored, finely powdered, odorless chalks. Health Hazards: Inhalation of dusts from this product may irritate the respiratory system. Skin and eye contact may cause mechanical abrasion. These chalks contain Crystalline Silica, a known human carcinogen by inhalation.” They have the labeling statement included on their MSDS: “CAUTION! MAY CAUSE EYE AND RESPIRATORY TRACT IRRITATION. CONTAINS CRYSTALLINE SILICA, WHICH IS A KNOWN HUMAN CARCINOGEN; CONTAINS CARBON BLACK, WHICH IS A KNOWN ANIMAL CARCINOGEN. INGESTION MAY BE HARMFUL. Avoid breathing dusts. Avoid contact with skin, eyes, and clothing. Keep container closed. Use with adequate ventilation. Prevent dust accumulation. Wash hands thoroughly after handling. Wear gloves, goggles, dust mask, and appropriate body protection during operations that can generate dust.” Under Section 7 regarding Work Practices and Hygiene Practices the MSDS states in part: “As with all chemicals, avoid getting this product ON YOU or IN YOU. Wash thoroughly after handling this product. Do not eat, drink, smoke, or apply cosmetics while handling this product. Avoid breathing airborne dusts generated by this product. Use in a well-ventilated location. Ensure this substance is used with adequate ventilation and personal protective equipment (see sec 8 ... ). Avoid airborne dusts generated by this product. The respiratory protection required for concentrations up to 1.25 mg/m3 of Crystalline Silica is any powered air purifying respirator with a high efficiency particulate filter or any supplied air respirator operated in a continuous-flow mode. There is additional information under section 11 regarding toxicological information. Under inhalation in part it states : ... chronic exposure to concentrations of silicon dioxide fume may cause chronic obstructive lung disease. Inhalation of iron oxide fume or dust is cause of pulmonary roentgenographic appearance called siderosis, or an accumulation of iron that leads to reduced lung capacity. These products contain Crystalline Silica, which is a known human carcinogen. Chronic inhalation exposure to this material may cause silicosis, pulmonary fibrosis, bronchitis or present a hazard of cancer, due to the presence of Crystalline Silica.” My next step was to access the Occupational safety and Health Administration (OSHA) website. OSHA’s Hazard Communication standard (HCS) 29 CFR 1910.1200 specifically, section (f) requires that the chemical manufacturer, importer, or other responsible party to label, tag, or mark containers of hazardous chemicals leaving their workplaces with the following information: i) Identity of the hazardous chemical(s); ii) Appropriate hazard warnings, and iii) Name and address of the chemical manufacturer, importer, or other responsible party. The purpose of container labeling is to provide an immediate warning to users of the product of the hazards they may be exposed to and through the identity of the chemical(s) a link to more detailed information available through MSDS’ and other sources. I was also able to review Appendix D to 1910.1200-Safety Data Sheets (Mandatory). A safety data sheet must contain information specified in Table D.l. I am only a layperson so I don’t understand everything listed on this table. I do understand enough that it is very apparent that Keson’s MSDS is lacking required information and their label is also severely lacking. If [REDACTED]’s MSDS and label was last updated in 2010 how can Keson’s MSDS done in 2013 be missing such important information. I made a phone call to OSHA. The gentleman who I was connected to advised me that since I have been out of work over three years there was nothing OSHA could do for me. The gentleman refused to give me his name and when I requested to speak to a supervisor he stated “He is out to lunch.” and terminated the call. I have always believed that New York State requires specific labeling on products sold in New York State even if they have been manufactured elsewhere. I am simply trying to find some assistance in correcting what I feel is an injustice to the people of New York and hopefully prevent any other individuals who use this products from developing the same illness’ as I have. I have gone very quickly from being a contributing member of society to a totally disabled individual who has to have constant access to oxygen and is facing a double lung transplant. I look forward to hearing from you or one of your staff. Thank you in advance for taking your time to read my letter.

   Where

   BAY SHORE, New York: Home/Apartment/Condominium

   Who was involved

   Male

   The reporter’s relation to them

   Unspecified

   As this report names them

   made or sold by Keson Industries, Inc

   How badly, in CPSC’s words

   Injury, Level of care not known

CPSC’s disclaimer

Sources