Document 065K9mJjEJXgga1oa96nKRNRV
Federal Register / Vol- 51, No. 119 / Friday, |une 20, 1986 / Rules and Regulations
22693
practice controls over.respirators (see
together [Ex. 238A, 240A) and because
leave only a nominal possibility that
NIOSH', Tr. 6/21; American Industrial
they are the only methods that eliminate respirators will be properly worn at all
Hygiene'Section, Ex. 2-126. Docket H-
or reduce the. hazard at its source, they times |Ex. 328. pp. 111-14-15: see also
160; American Conference of
have been given equal status in the
NIOSH, Ex. 117A, pp. 24-25; Held, Ex.
Government Industrial Hygienists. Ex.
compliance priorities of OSHA health
171, p. 7; Com, Ex. 178A. p. 5; Dukes-
2-32, Docket H-160).
standards. For asbestos in particular,
Bobos and Smith. Ex. 315). Because of
Reliance on the use of respirators
there exist time-tested inexpensive work the problems and limitations listed
when engineering and work practice
practices which are widely regarded as above, experts testify that workers
controls can feasibly achieve the PEL
necessary and effective in many cases. rarely keep on a respirator for an entire
was also opposed by many unions, such These include the wetting down with
eight-hour shift {Rosenthal, Tr. 7/11, p.
as the United Auto Workers |Ex. 172A], surfactants of friable asbestos before
6U|. However, even short periods where
International Brotherhood of Teamsters handling, prohibiting blowing of
respirators are not properly used
|Ex. 223), International Brotherhood of asbestos dust with air hoses, prohibiting dramatically affect the degree of
Electrical Workers [Ex. 313). the
dry sweeping of asbestos dust, banning protection to a worker relying on
International Union of Electronic.
certain high speed abrasive cutting tools respiratory devices.
Electrical. Technical, Salaried and
and others. Therefore, for asbestos,
OSHA recognizes that there are
Machine Workers [Ex. 90-135] and the
proper work practices are essential in
certain activities, often involving certain
Amalgamated Clothing and Textile
the control of asbestos dust and are
maintenance and repair operations, as
Workers (Ex. 260A).
properly given priority as a control
well as in emergency situations, in
These general statements of policy
technique.
which the reliance on engineering and
preference were augmented by evidence
In addition, this rulemaking record
work practice controls to control
and testimony concerning the reasons
again documents OSHA's past findings exposures to the permissible exposure
for preferring engineering and work
that respirators are the least reliable
limit may not always be feasible. Where
practice controls. It is generally
means of control because of difficulties the employer can show that engineering
acknowledged that protection of the
inherent in their design and use (see e.g. and work practice controls for such
employee is most effectively attained by preamble to OSHA's Carcinogen Policy. operations are not feasible, respirators
elimination or minimization of the
45 FR 5003 at 5224 et seq.. the preamble may be used as a primary means of
hazard at its source, which work
to the inorganic arsonic standard. 43 FR control. For small scale, short
practices and engineering controls are
19584 at 19617 cl seq.. and the preamble duration maintenance and repair
both designed to do. Industrial hygiene to the acrylonitrile standard. 43 FR
activities, the infeasibility of most types
doctrine also teaches that control
45800, etc.). Because of these inherent
of engineering controls will generally be
' methods which depend upon the
difficulties, the effectiveness of
assumed. This is so, in particular, when
vagaries of human behavior are
respiratory protection varies from
the maintenance operations involve
inherently less reliable than.well-..
worker to worker and is'subject to
having personnel located at.places not
maintained mechanical methods. The
human error of many forms [AFL-CIO, normally occupied'by workers or when
validity of these generalizations has
Ex. 335, p. 12; Held,, Tr. 7/2, pp. 10-11; personnel must perform duties to fix
been borne out by agency experience
Corn, Tr. 7/3, pp. 7-8; ORC, Tr. 6/22. p. broken machineiy. In these situations,
obtained throughout OSHA's existence 61).
OSHA does not require that the
and has been reiterated by a number of
One difficulty facing respirator users employer design and install special
professional industrial hygienists for the is getting an adequate fit: For negative
ventilation systems. However,'where
asbestos rulemaking record (Exs. 171,
pressure respirators facepiece to face
asbestos insulation is being removed
176A, 253).
seal is the most critical barrier against
from components of machinery, OSHA
Engineering controls in conjunction
contamination. Simply, the effectiveness would expect work practices.to be used.
with appropriate work prabtices are
of any filter is nullified by a bad fit.
In such situations, however, the
usually the best method for effective
. Even if an employer offers sophisticated employer must institute whatever
and reliable control of employee
quantitative Fit testing, that test .
engineering and work practice controls
exposures, to.asbestos. [Exs. 123A, 171, indicates the fit of a respirator under
can feasibly be used.
176A). Engineering controls act on the
laboratory, not working conditions. For
Commenters who endorsed OSHA's
source of the emission and eliminate or example, changes in strap tension
proposal to permit employers to reduce
reduce employee exposure without
. significantly may affect fit. Tightness
exposure below 2f/cc to the new PEL
reliance on the employee to take self-
may well be endurable in a testing
using any feasible combination of
protective action. These controls . .
situation, but unacceptable to the
engineering controls, work practices or
encompass product substitution, process employec at work who may then loosen respiratory protection [Exs. 90-166,90-
.or equipment redesign, process or
the straps. Poor maintenance,.defects, or 168, 90-170, 90-182,90-233. 263)
equipment enclosure,, exhaust or dilution normal deterioration will similarly affect emphasized that flexibility will result in
ventilation, and employee isolation.
fit. Fit problems are intrinsic for many
better protection. For example, Texaco
Once implemented, engineering controls workers, even under laboratory
stated:
protect the employee permanently, subject only, in some cases, to periodic ' preventive maintenance. Work practices
condilions'because of unusual facial structures, glasses, wrinkles, scars, bumps, facial hair and dentures (Held,
it has b.ehn our experience that control methods which are more cost-effective, but equally safeguarding, will be provided when
also uct on the source of the emission,
Tr. 7/2, pp. _14r-15, Ex. 171).
. the employer has the flexibility to select the
but rely upon employer, and employee
. Even if Fit is not-a problem, . .
means of controlling exposure.Therefore, we
behavior, which in turn rely upon supervision, motivation, and education to make them effective:. For this reason, work practices may.nbt be as desirable
conscientious wearing of a respirator is hindered by many factors. As pointed out by AIA/NA, worker discomfort, skin irritation or heat stress, body.
strongly support any feasible combination of engineering controls, work practices, and . protective equipment to reduce exposure ... j Ex. 90-.17Q|.
as engineering controls, but because the movements, difficulties in
Similarly the Chemical Manufacturers
two methods often must be employed
communicating and vision limitations.
Association commented:
GLEASON-000941