OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
April 2, 1985
David McAuley, Business Manager
Specialty Organic Inc.
5263 N. 4th Street
Irwindale, CA 91706
Dear Mr. McAuley:
This is in response to your letter of March 20, 1985 wherein you requested information on 3,3'-diaminobenzidine. As you correctly stated, OSHA does not have a standard covering the use of this substance. The lack of a specific standard does not, however, relieve an employer of the obligation to provide a workplace which is free from recognized hazards. This obligation is clearly specified in the Occupational Safety and Health Act of 1970.
The enclosed excerpts from Cancer Causing Chemicals by Irving Sax and the Registry of Toxic Effects of Chemical Substances by the National Institute for Occupational Safety and Health (NIOSH) provide toxicological data on 3,3'-diaminobenzidine, also known as 3,3',4,4'-biphenyltetramine. As you will note, Sax considers this chemical to be a "suggestive" carcinogen. Therefore, it would be prudent for employers to minimize employee exposures through the use of proper engineering and work practice controls. The book by Sax contains an extensive discussion on the types of controls to use when working with cancer causing substances. The book is available for use in our Regional Technical Library.
If we may be of further assistance, please do not hesitate to contact this office.
Sincerely,
Dean Ikeda
Regional Industrial Hygienist
[Corrected 10/22/2004]