Document 0J1MZ8nZqRmrKa67oVYDLkndb

United States Steel To: General Superintendents, Plant Managers and Attendees at OSHA Regional Meetings Intarorganization Corrupondgncg (Mr June 26, 1972 Fnm Kenneth M. Morse, Director Environmental Health Proposed Permanent Asbestos Standard OSHA published its permanent (final-} Standard for Exposure to Asbestos Dust, in the Federal Register of June 7, 1972. A copy of this standard is enclosed for your informa tion. We suggest your thorough review of this standard due to the highly restrictive requirements that are established. It is further suggested that you inventory your uses of asbestos compounds as to location, jobs and quantity used per month or year in order to establish a priority list of jobs and areas for monitoring. We are indicating, below the pertinent aspects of this standard. 1. Permissible Maximum Dust Exposure a. As of July 7, 1972, the 8-hour time-weighted average exposure is limited to 5 fibers per milliliter of air for dust not exceeding 5 micrometers in length. However, as of July 1, 1976, the limit is reduced to 2 fibers per milliliter. b. While a time-weighted average is determined over an 8-hour work period, the dust concen tration to which a worker is exposed cannot exceed 10 fibers per milliliter for any period of time (ceiling value). ! c. This standard applies to the use _of any type of asbestos. 2* Methods of Compliance Feasible technological controls and appropriate work practices must be the primary means of controls. Rotation of employees is allowed only in stated exceptional circumstances. The use of respirators and shift rotation' of employees will be limited. The methods for controls consist of, but are not limited to, the following: USX-1167 2- - a. Engineering Controls (1) Dust collection systems of the local exhaust ventilation The design criteria for such systems is the American National Standard Fundamentals Covering the Design and Operation of Local Exhaust Systems (ANSI Z9.2-1971). (2) Particular Tools - All tools which release dust in excess of the exposure limits when used on asbestos must be equipped with local . exhaust ventilation. b. Work Practices (1) Wet methods must be used, when handling asbestos, to preclude excessive dust exposure, unless the usefulness of the product would be diminished. (2) Asbestos products cannot be removed from containers in which they are shipped un less they are wetted, or enclosed, or ventilated. (3) Employees engaged in spraying asbestos, the removal, or demolition of pipes, structures or equipment covered or in sulated with asbestos, or demolition'of asbestos insulation or coverings, shall be provided approved respiratory equip ment and special clothing. Personal Protective Equipment a. Respirators and shift rotation of workers are permitted only .under the following conditions: (1) During the period necessary to install engineering controls and the changes in work practices. (2) Where the work practices, as listed above , are not feasible or cannot reduce the dust to within the exposure limits. -3- (3) In emergencies (4) Where both respirators and personnel ^ rotation are allowed, the latter shall be preferred. b. The types of air-purifying respirators allowed are based upon the dust concen tration to which an employee is exposed and must be of the types approved by.the U. S. Bureau of Mines CUSBMJ- and the' National Institute of Occupational Safety and Health (NIOSH). (1) When the employee may be expected to receive an exposure no more than 10 times the exposure limits, a reusable or single use air purifying respirator of the non-powered or supplied air type may be used. (This is the commonly used mechanical filter type.) (2) When the exposure is expected to be be tween 10 to 100 times the exposure limits, a full face piece, oral-nasal, or continuous flow or pressure-demand types of supplied-air respirators must be used. (3) When the exposure is expected to be in excess of 100 times the exposure limits, only the supplied-air respirators of the continuous flow or pressure-demand class can be used. These are now classed by USBM and NIOSH as Type "C". (4) A respirator program must be established by the employer in compliance_with the American National"-Standards Practices For Respiratory Protection (ANSI Z88.21969) . If an employee cannot function normally . when wearing a respirator, as determined by a physician from the employee's most recent examination, he must be rotated to another job or provided the opportunity for a job transfer. The job to which he 4- may be rotated or may transfer must be in the same geographical area and with the same seniority, status and rate of pay. c. Special Clothing ** Protective clothing must be provided to employees exposed to a dust concentration in excess of the "ceiling value" (10 fibers per milliliter). The use of such clothing must be required by the employer. d. Change Rooms .. __ (1) Change rooms for employees regularly employed must be provided when employees have dust exposures in excess of the exposure limits. (2) Two separate lockers, or containers, must be provided for each employee ex cessively exposed to dust. They must be separated, or isolated, to prevent con tamination of street clothes. (3) Laundering Clothing (a) Laundering of asbestos contaminated clothing must be done. It appears that such laundering shall be the responsibility of the employer but it is not so stated. (b) The employer must notify the person to whom he gives clothing for laundering that it shall be done in a manner preventing exposures in ex cess of the exposure limits. (c) Contaminated clothing must be trans ported in properly labeled closed impermeable containers. __ Measurement of Asbestos Oust a. Method Asbestos dust surveys will be conducted by Headquarters-Environmental Health for the present, due to the detailed procedure which such a survey Involves. Requests for such, survey should be directed to K. M. Morse~ Director of Environmental Health. -5- b. Monitoring Requirements (1) Initial Survey; Within six months a survey must be conducted to de termine the exposure of every em ployee to asbestos dust. If the exposure limits are exceeded, a control program, as herein indicated must be immediately initiated. (2) Periodic Survey: At least every six months for all employees who may be reasonably expected to have exposures exceeding the exposure limits. (3) Personal and -Area Samples: Both personal and area air samples are required. No significant reason for both appears justified. Exposures of workers are best determined by having workers wear battery-operated sampling devices (per sonal samplers) which provide a timeweighted concentration to which the wearer is exposed. If this sampling is done, area sampling would be superflu ous . c. Employee Observation of Monitoring Affected employees, or their representa tives, must be given a reasonable oppor tunity to observe monitoring and shall have access to the records thereof. * Caution Signs and Labels a. Posting of Asbestos Areas Caution signs of prescribed specifica tions must be posted at all approaches to areas containing excessive concen trations of dust and at each location where dU6t may be excessive -- b. Label8 Caution labels are required on all asbestos containing materials or on their containers except when a bonding agent is used to pre vent in any foreseeable use, airborne dust in excess of the exposure limits. Speci fications for such labels are prescribed. -6- 6. Housekeeping a. Cleaning All external surfaces must be main tained free of accumulations of asbestos fibers if their dispersion could result in an excessive dust concentration. b. Waste Disposal Asbestos Waste, conta-iners and.-con taminated clothing shall be collected and disposed of in sealed or closed .impermeable containers if its handling may produce excessive dust. 7. Recordkeeping a. Exposure records must be maintained on personal and area monitoring for a minimum period of three years and shall be available upon request to OSHA or KIOSH. b. Employee Access: Every employee or former employee shall have reasonable access to any record which indicates his exposure and is required to be main tained . c. Employee Notification: Any employee who has received an excess exposure must be notified in writing of such exposure within five days of the finding. 8. Medical Examinations a. Extensive medical examinations are re quired to be provided, or made avail able, at the employer's cost. Head quarters-Medical is alerting plant physi cians on this program. b. Types of Medical Examinations: (1) Preplacement examinations within 30 calendar days following the first exposure of an employee. Such exami nation shall include a chest x-ray, medical history and pulmonary func tion tests. -7- (2) On or before January 31, 1973, and at least annually thereafter, every exposed employee shall be provided, or have available to him, a comprehensive medical examination. (3) A comprehensive medical examina tion shall be provided, or made available to every exposed employee within 30 days before, or after termination of employment. (4) Mo medical examination is required if records show such an examination within the past 1-year period. c. Records (1) Employers shall maintain complete and accurate medical records for at least 20 years. Such records shall be made available, for inspection, and copying, to OSHA, NIOSH, author ized physicians and medical con sultants of OSHA and NOISK, and to the personal physician of employees or former employees if requested by such employees. (2} The employer shall be furnished all the medical information of the re quired medical examination by the physician who conducts same. A*. mt ' 1K11K ' ; RULES AND REGULATIONS I Title 29--LABOR Chapter XVII--Occupational Safety and Health Administration, Depart ment of Labor PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS Standard for Exposure to Asbestos Dust On December ?. 1971. an emergency temporary standard concernlnir exiromire to asbestos fibers was published In the Fractal. Return* <38 TJl. 23207). In ac cordance with section 8<c> (3> of theWllImuis-Steiger Occupational Safely and Health Act of 1970. a notice of proposed rulemaking regarding a permanent standard for exposure to asbestos fibers wm, published in the Fr.ortti Rscistc* on January 12. 1972 (37 TJl. 4861. The no tice invited interested persons to submit Nil!i orally and In witting, data, vtews, tnd arguments concerning the proposal. On or about January 24. 1972. the Ad visory Committee on Asbestos Dust was established and requested to stake writ ten recommendations with regard lo the proposed standard on asbestos. On or about February 1. 1972. the Department of Health. Education, and Welfare trans mitted to the Secretary of Labor a eriu.-'*- document containing Recommenda- lions for an Occupational Exposure Standard for Asbestos by the National Institute lor Occupational Safety and Health (NIOSH). Public notice was given of the receipt of the recommendations and their availability for inspection and copying. On or about February 25. 1972, the Advisory Committee on Asbestos Dust submitted Its written recommendations to Uie Assistant Secretary of Labor for Occupational safety and Health. Pursuant to the notice of rule making, a hearing was held on March 14 through 17.1972. for the purpose of receiving oral debt views, and arguments concerning the proposed standard. On or about March 31.1972. the presiding heeling ex aminer certified to the Assistant Secre tary of Labor for Occupational Bafety and Health the record of the proceeding. The record includes prehearing written comments, a transcript of the qjral pres entations made at the hearing, and nu merous exhibits received during the course, of the hearing or within the pe riod allowed after the dose of the hearing. The proposed standard dealt with ill permissible concentrations of asbestos libera; (2) methods of compliance; <3> warning signs; (4i monitoring: <5) med ical examinations; and <0* recordkeep ing. Each of these major proposals elic ited comments, arguments, objections, end counterproposals. They all have been examined and considered. 1. Acceptable concentrations of asbes tos dust. The proposed standard would limit occupational exposure to 8-hour time-weighted average (TWA) airborne concentrations of asbestos dust not ex ceeding five fibers longer than five uterometers per milliliter. Concentra tions above five fiber* but not to exceed 10 fibers (calling concentration) would be permitted up to 16 minutes In an hour, but for not more than fi hours In any one C-iiour duy. NlOSIf in effect has recommended Uiul the five-fiber TWA and ltMlbcr peak concentration* be permitted only for 2 years: thereafter. TWA concentra tions should be not more than 2 fibers per cubic cenUmcirr (cm.1) of air. and (oak concentrations should not exceed 10 flbcra/cm.*, wltii no Ume restriction. Numerous objections end counterpro posals have been insde, with regard to both Uie limits of arbestos fiber concen trations and the tints periods to comply with Utein Some, for example. Itsve rec ommended return to a 12-fiber standard of an earlier day; lx- a level adopted under the Welsh-Hcaley Public Con tracts Act in 1989. OUicn have reconnmended a two-fiber standard to become effective In 8 months. Uien a une-flber standard for 2 years, and finally a serufiber standard after 3 years. These rec ommendations glye a fair ludlcaUon of the wide spread of tlw counterproposals. No one has disputed that exposure to asbestos of high enough Intensity and long enough duration Is causally related to asbestos!* and cancers. The dispute is as to the determination oi a specific level below which exposure is safe. Various studies attempting to establish quantita tive relation! between specific levels of exposure lo nslieatos fibers and Lite ap pearance of adverse biological manifes tation*. sucii aa asbcstoslx. lung cancers, and mesothelioma, have given rue to controversy as to the validity of the measuring techniques used and the relia bility of the relations attempted to bo established. Because of Uie tong lapse of Ume between ousel of exposure and biological manifestaUons. we imvc now evidence of the consequences of exposure, but we do not have. In general, accurate measures of the levels of exposure oc curring 20 or 10 years ago. which liave given rise to these consequences. There arc also controversies concerning the relaUve toxicity of the various kinds of asbestos, and varying hazards In dif ferent workplaces. It Is fair to say that Uie controversy has centered In the area between a twofiber TWA concentration and five-fiber TWA concentration. wlU\_vartn.Uaiu on Uie Ume jnceded for compliance. Many employers support a five-fiber TWA. Must medical opinion Is divided between a two-fiber standard and a five-fiber standard. In view of the undisputed grave con sequences from exposure to asbestos fibers, it l* essential that Uie exposure be ragulated now. on the basis of the best evidence available now. even though It may not be as good as scientifically de sirable. An asbestos standard can be re evaluated In Uie light of tlie results of ongoing studies, and future studies, but cannot wait for Uiern. Lives of employees are at stake. It is concluded that, there should be one minimum standard of exposure to asbestos applicable to all workplaces ex posed to any kind, or mixture of kinds, of asbestos. Reasons of practical ad ministration preclude a variety of stand ards for different kinds of asbestos and of workplaces. Also, while the evidence tends to show Uiat crocldollte. for in stance. is more harmful than chrysotlle. the evidence lx not sufficient to establish separate standards lo; vartclii's of asbestos. Because there mum la* one standard governing cxiioaurc lo all varieties id u.'.benlos. and In workplaces aprmiently ritoru hazardous than ot licit: been'Lie some present employees with regular ex posure to asbestos have probably al ready accumulated great doses of asbes tos fiber*, due lo higher levels of ex posure In llic paxl; because It appears Uiul levels of exposure which may be safe with regard to aabeslosiK are not jutfe with regard Jo mesothelioma: be cause Uie statute require* the protection of every employee, even of one who may have regular exposure to asbestos during 'a working life which may reach, or even exceed. 40 years: and because of several other considerations which have been urged and are reflected bi Uie record of the proceeding, the conflict in Uie medi cal evidence is resolved In favor of the health of employees. A* of July 1. 1976. TWA concentrations of nsbeMo-s fibers longer than 5 micrometers will not be allowed to exceed two fibers rc . jvith a ceiling value of 10 flbers/cc. Tlic current TWA concentrations of five fibers and KOEkXl SEOISTEt, VOL 37, NO. 110--WEDNESDAY, JUNE 7. 1777 RULES AND REGULATIONS 11319 celling concentrations or 10 flbers/cc. fibers, so Uiat these would not be relesscd 8. Records. The standard, as proposed Ki:: be permitted until July 1.1878. dur In the normal use of the products, should and as adopted, requires maintenance of ing what will be a transitional period not be required to be labeled: and (2) records of monitoring and cl medical deemed necessary to allow employers to words such as "danger** and "cancer" are examinations. Most of the controversy in make the needed chances lor comInc unwarranted!! alarming. this area has revolved around the ques Into compliance with the more stringent Both contentions have merit, and the tion whether on employer should be al standard. standard has been changed accordingly. lowed to have access to the results of The record shows that the many work 4. Monitoring. The proposed standard the required medical exomuutUons. The operations subject to the elncie asbestos would have required personal monitor apprehension of those who have argued standard (textile, manufacturing. Indus ing and environmental munitering. against employer access la based on the trial. and marine installation, etc.) will Many Issues have been raised concerning expectation that some employers will use meet varying decrees of difficulty In tbs availability and reliability of meas the medical examinations as a means of complyi&c with the standard. In some uring Instruments, frequency of moni screening employment applicants, and plants, extensive redesicn and reloca toring. and conditions In which monitor worse, as grounds for discharging current tion of equipment may be needed. It ap- ing should be reauired. The adopted employees, wlto show stem or being at- !>cars. however, the delay In the effective standard takes Uie objections Into con fectcd by exposure to asbestos. Since the date of the two-fiber standard will pro sideration. It requires periodic monitor purpose of the medical examinations is vide all employers a reasonable time to ing at Intervals no longer than months, to monitor the health of employees ex comply. At the same time, so lone as the thus allowing considerable time and dis posed to the hazards of abestos. em cctlinc limit Is complied with, no harm cretion. and prescribes the use of the ployees cannot In reason be granted the is reasonably expected to result from ex membrane filter method, which Is an ac privilege of refusing to disclose to their posures durtnc the transitional period. ceptable method for determination of employers results of occupational expo- 2. Method* ot compliance. Zt has been asbestos fibers. sunh-lt docs not make sense to require pointed out by many persons, that pro It has also been recommended that employers to provide-medical examine- tection acainst asbestos fibers la best employees or their representatives should tiomOf they cannot know and use the obtained by controUine the cencrmUon of have an opportunity .to observe the results of the examinations For these fibers first, and secondly, by controUine monitoring. The recommendation has vaasoos the standard provides that em the dispersion of released fibers Into the been accepted. ployers may. have s restricted access to ambient air of the workplaces. Therefore, &. Medical examination*. The pro some medical Information. the standard requires feasible techno logical controls and appropriate work practices as the primary means of com pliance. Rotation of employees as a war posed standard would only require an appropriate modical examination on a periodic basis. Tlte generality of the pro posal has attracted many objections and On the other hand, there is no inten tion to allow employers to abuse medical Information obtained pursuant to the Act. to the detriment of employee*. or meetinc the TWA concentration re quirement Is allowed only In stated ex also many helpful comments. The recom mendations of NIOSH and of the Advi Therefore, the administration of tlic medical records requirement will be ceptional circumstances, because, aa a general rule. It would be difficult to Im sory Committee on Asbestos Dust were much more specific with respect to both closely watched, and. hi cases of abuse, appropriate action will be considered. plement. Personal protocUve equipment, such as respirators, cannot bo relied upon because, among other reasons, they may be so uncomfortable aa to be bur frequency and type of medical examina tions to be required. The comments vary as to the class of employees to be ex amined and as to the frequency of the The issues discussed above are believed to be the major ones. Numerous other is sues have been raised in the rulemaking proceedings. Pome have been referred to densome. except for short periods of incidentally. Many recommendations, lor time. Therefore. It is expected that res The adopted standard require* medical Instance, about work practice*, are so pirators and shift rotation will be used during the period accessary to Install en gineering controls and to train employ examinations both at the beginning and the termination of employments exposed to concentrations of asbestos fibers, and obviously meritorious that Uieir adop tion needs no exposition here. Other recommendations arm many objection r. ees in sound work practices, but, after Technological compliance has been also requires annual medical examina tions of every employee exiioscd to air have not been adopted for a variety of reaaoiu which sitould be manifest. Sev addeved. their use must be limited to special work eltuatlone and emergencies. Where both are practicable, shift rota tion Is required. 3. Labeling. The proposed standard r.U>iipcd short of requiring labeling as bestos and asbestos-containing products. The proposed standard would have re borne concentrations of asbestos. It baa been pointed out that In certain indus tries. such as construction, an employee may work for several employers during the samo year. Accordingly, the standard does not require either preemployment, or termination, or periodic oxamlnaton of any employee who Iras been examined eral, for instance, have recommended the use of respirators only pursuant to a variance, or in chock of emergency and occasional short-term exposures. Tl: recommendation with respevt to vari ances undoubtedly has mutty merits, but Is considered administratively lm-' quired only warning signs at locations In accordance with the standard witliln practical. where asbestos hazards are present. the post year. Accordingly, after consideration of the However, labeling, rather than warning One question which has been raised whole record of Uie proceeding, and Miens, has proved to be a point of con troversy. Both NI08H and the Advisory Committee on Asbestoe Dust recom goes to whether Uio employer or tlte em ployee should be allowed to choose Uie examining physician. The standard pursuant to sceUons'O <b> and (c) and *(c> of the WUllams-Stelger Oceupa- mended labels lor asbestos products and gives the option to the employer. Since Uoctal Safety and Health Act ot 1970 (14 containers, and these recommendations some employers already have a medical SUt. 1503, 1508. 1.899; 23 UB.C. 855. became very controversial In the course examination program In operaUon7 and. 057). 29 CTO 1010.4. and to Secretary of of the proceeding. Many .counterpropropoeala have bear made as to the lan guage of the warning as well as to the products to be subject to the labeling also, have medical departments with some expertise In Ute diagnosis of abcatos-rclated diseases. It scents mole reasonable to permit them to utilise the Labor's Order No. 13-71 130 F.R. 17541. Part 1810 of TlUe 29 or Uie Code of Fed eral RegulaUoas is amended as set*forth requirements. Employers, In general, present programs and expertise, ttuuf to below. strongly contend that (1) finished prod permit an employee to choose a private (11 6oction 1810.93 Is amended by re ucts which effectively entrap asbestos general practitioner. vising Table Q-3 to read as follows: - ' KDEtAl lEOIJTl*, VOL 37, NO. 119--WEDNESDAY, JUNE 7. It73 1 20 ' RULES ANO REGULATIONS 1`) JO-93 Aireontinioinu. * t TilU 04-UMUM OOm NhUM Uppmt ll(/IO ('iVtllltHil** WU41U .......... ttO' Qtl*fU (totol tfuoll %JUOH- .............. ( fHtotHto: Iimp H(rtwhft*thn cHuui m pw towwbt k* *1 iHwynurtttH. t. UwHUiffkhft raicuUMirNMltt^r* u*M tor 4turn. Ait*nr|iHuus, IfMtadlftC MUnl 4totom*c*oiMtortb.................... 90 %iHMHOv/4M>Si ~*IO, fI ^ Mta|/M< %o tottM** ACHHCnmJI.ton It; cry*(MUhmkMi*........................................... TVr........................................... J'fwtUorf 1O*mf*m|IihIUhMH(toKlHUtfiimJ)l.i.i.t...(.r..a..c...t.t.o...ii lvllnl%Ht04] ... .. ># ihmc i*fl It; 5K)|............... 9300 90 P II Mocc/M1 Ih^i ** VhHuIfmK*iMtitttl....... *| ( i iu j .... ...................... II towc/M* *i IIinc/M* Votf t'Mi<nin mj^scix !*.* mlUtoA pfUctai p*r ctiUlc tamut pArtkrW c-c- t mi pmrUd*m prr utik foot mi *lr. html mm IfttfANC** WUfflK inMn! bp N|M4mM * TP* f*rcfita< mi mryUmtUnm tlllm la 4l* tonfe h tto* HmMut 4*to*mt**tf fiMi klr*lofW Ih A i!t*o> h to I*IwtiuHiiiUfmutIiNnLwrtueb Urr !} IP* memlcu* AlUt kv mHImd pi i>* X t^ir**MUM( IMpMlCUOH. Hmu fWHiHwHt4 mud tmcntl (tutrii tor lit* h * +tu** iimh mi Utk pHitittl (saritMtorWWtiVlliU(nlwr>hKilit<oi(i*kHmf r**iir iim.;; ih Miiiir 3 v) i M |i< itoef r * ni 91 g *1 l iit44irriiHiiLi Rirflff |ht Imlf r4t f to lit* IW #f to. *A>M*-<ltiomfiuIhmm*) nwiMlIi f|MiiwURrw^UMi*AIlWthm*mI*nciNw mi mI iMito* vi i 4 M(/M to (be UWe tor Mai 4tii( it 4.4 Ug/M', 2 A new I 1910.93k U Added to Pert Jit 10. readme os follows: 5 1VI0.V3. AdwMw, (o.) Definitions. For the purpose ot Uiia section. Ui "Asbestos" Include* chrysotile. amacue. orocidollte. trecoolite. anthophylllle. and actlnoUte. <2) "Asbestos libers" means asbestos filter* longer than 6 micrometers. <b> Permissible exposure to airborne concentrations o/ asbestos fibers--(1) Standard effective July 7. 1972. The 8-hour time-weighted average airborne concentrations of asbestos fibers to v/ldcfi any employee may be exposed Ktui.ll not exceed five fibers, longer than 5 micrometers, per eublc centimeter of air. as determined by the method pre scribed in paragraph <e> of this section. <21 Standard effective July 1. I97C. The 8-hour Uine-welghted averare airbom- concentrations of ajbesto* fibers to which any employee may be exposed <d) Personal protective equipment-- shall not exceed two fibers, looser than (1) Compliance with the exposure limits 5 micrometers, per eublc centimeter of prescribed by paragraph (b> ot this sec air. as determined by the method pre- tion may not be achieved by the use of acribed in paragraph <e> of this section. respirators or shift rotation of em (S) Celling concentration. Mo em ployees. except: ployee shall ba axposed at any time to airborne concentrations of asbestos <0 During the time period necessary to install the engineering oasitrois and fibers in excess of 10 fibers, longer than 8 micrometers, per cubic centimeter of air. as determined by tha metltod pre scribed In paragraph <e> of this section. <c> Methods ot compliance--(1) Cngisteering methods. (1) engineering con trols. Engineering controls, such as. but not limited to. Isolation, enclosure, ex haust ventilation, and dust collection, shall be used to meet the exposure limits prescribed In paragraph (b) of this section. to institute the work practices required by paragraph <c> of this section: <U) In work situation* in which the methods prescribed In paragraph <c> of this section are either technically not feastble or feasible to an extent insuffi cient to reduce the airborne concentra tions of asbestos fibers below the limits prescribed by paragraph (b) of this section: or fill) In emergencies. <U> Local exhaust ventilation, (a) Local exhaust ventilation and dust col lection systems shall be designed, con structed. installed, and maintained In accordance with the American National Uv) Where both respirators and per sonnel rotation are allowed -by subdivi sions (iTTiil). or (111) or this subpara graph. and both are practicable, person nel rotation shall be preferred and used. Standard Fundamentals Governing the (2) Where a respirator is permitted by Design and Operation of Local Exhaust subparagraph (1) of this (Mu-agraph. it Systems. ANSI Z9-2-1971. which is in shall be selected from among those ap corporated by reference herein. proved by tha Bureau of Mines, Depart (b> See 11910.8 concerning the avail ability of ANSI Z9.2-1971. and 'the maintenance of a historic file in connec tion therewith. The address of the Amer ican National standards Institute Is given In 11810.100. (Ill) Particular toots. AH hand-op erated and power-operated tools which may produce or release asbestos fibers In excess of the exposure limits pre scribed in paragraph <b> of this section, such as. but not limited to. saws, scorers, abrasive wheels, and drills, shall be pro vided with local exhaust ventilation sys tems in sccorduncs with subdivision (11) of this subparagraph. <21 Work practices--(I) Wet methods. Insofar as practicable, asbestos shall be handled, mixed, applied, removed, cut. scored, or otherwise worked in a wet state sufficient to prevent the emission of airborne fibers in excess of the ex posure limits prescribed in paragraph (b) of this soctlon. unless the usefulness of the product would be diminished thereby. (U) Particular products and opera tions. No asbestos cement, mortar, coat ing, grout, plaster, or similar material containing asbestos shall be removed from bag*, cartons, or othor containers in which they are shipped, without being cither wetted, or enclosed, or ventilated so os to prevent effectively the release of airborne asbestos fibers in excess of the limits prescribed in paragraph lb) of this section. r. (ill) Spraying, demolition, or removal. Employees engaged In tha spraying of asbestos, the removal, or demolition ot pipes, structures, or equipment covered or insulated with asbestos, and in the removal or demolition of asbestos In sulation or coverings shall be proridod with respiratory equipment in accord ance with paragraph <d)(2)<lili of tills action and with special clothing In ac ment of the Interior, or the National In stitute for Oeeunatlonat Safety and IlealUi. Department of Health, Educa tion, and Welfare, under the provisions of 20 CFR Part 11 (37 TJt. 8244. Mar. 26. 1872). and shall be used In aoeordsneo with subdivisions O'. (11). (Ill), and <lv) of this subparagraph. (1) Air purilyinq respirators, A reusa ble or single use air purifying regdrotor. or a respirator described in subdivision til) or (ill) of this subparagraph. ahaJl be used to reduce the concentration.-, of olrlKiriic asbentos fiber* In the respirator below the exposure limits prescribed in paraxraph (b) of this section, when the celling or the 8-hour tlme-wrighted aver age airborne eone-ntrations of asbestos fibers are renrannblv exoeeted to exceed no more than 10 limes those limits. <U) Powered air purifying, respiiators. A full facepiece powered air purifying respirator, or a powered air purifying respirator, or a respirator described In subdivision fill) of UUs subparagraph. sluJl be used to reduce the concentra tions of airborne asbestos libers In the respirator below the exposure limits pre scribed In paragraph (b) of this section, when the celling or the 8-hour time- weighted average concentration* of nabestos libera are reasonably expected to exceed 10 times, but not 100 times, . those limits. (Ill) T^rpc^C"supplied-atr respirators, continuous flow or pressure-demand class. A type "C" continuous (low or pres sure-demand. suppUod-alr respirator shall be used to reduce the concentra . tion* of airborne asbestos libers in the respirator below the cx|>sure limits pre scribed in paragraph <bi ol this section, when the ceiling or the 8-hour time- - weighted averace airborne tion* ot asbestos fibers are concentra reasonably expected to exceed 100 times those limits. tlv) Establishment of a resptratof pro cordance with paragraph (d> i of this gram. (a) The employer shall establish section. a respirator program In accordsnr- -)Ui fBritat atcisitfc. vol 37. ho. no--Wednesday, june 7. i7i RULES AND REGULATIONS 11321 tiie requirements ot the Americas Na tionsi Standards Practices lor Respira where asbestos-fiber* are released to be monitored in such a way as to determine subparagraph shall conform to the re quirements of 20" x 14" vertical format tory Protection. ANSI ZMJ-IMB. which whether every employee's exposure to signs specified In 11910.145 tdi 14). and is incorporated by reference herein. asbestos fibers Is below the limits pre to this subdivision. The signs shall dis b. See 11S10.C conoeramc the avail scribed In paragraph (hi of this sec play the following legend in the lower ability of ANSI zs.2-IM8 and the main- tion. If the limits are exceeded, the em panel, with letter sizes and styles of a 11-nance of an historic file in connection ployer shall Immediately undertake a visibility at least equal to that specified therewith. The address of the American compliance program in accordance with In this subdivision. National Standards Institute is given in paragraph to of this eectlon. legend Notation ( 1810.100. ^ <c> No employee shall be assigned to tasks requiring the use of respirators If, (3) Personal monitoring--(1) Sam ples shall be collected from within Uie breathtng nmc of the employees, on AsMstos___________________ I' 3*na Srrlf. c. o 11 1 c or lti<Tk. based upon his most recent examination, membrane filters of O.C micrometer po- Dust Hazard............ Vd" mn uit examining physician determines that rosslty mounted In an open-face filter rvothlc r lie employee will he unable to function normally wearing a respirator, or that the safety or health of the employee or other employees will be impaired by hisuse of a respirator. Such employee shall be rotated to another Job or given the holder. Samples shall be taken for Uie determination of the f-hour timeweighted average airborne concentra tions and of the celling concentrations of asbestos fibers. (It) Sampling frequency,and patterns. Avoid Breathing llul Wear Asslgnra PrulccMvc f-MUlpmcitl. Do Not Remain !u Arc* Uulrwi Your Work li-- gutrr- It Uloct. *4" Coiftlc. Vq *' UilttltC. tv* OolMc opportunity to transfer to a different po After the initial determinations required SnsUilnr A-ih-mU*. b-t.! M point (tij'hto. sition whose duties he Is able to perform by subparagraph U> of this paragraph, May bl liaxardiut-. I with the tame employer. In the same geo samples shall be of such frequency and Your UwlUi. graphical area and with Uie same senior ity. status, and rale of pay lie had Just prior to such transfer. If such a different position Is available. <3> Special clothing: The employer :.ha!l provide, and require the use of. spe cial clothing. such as coveralls or similar whole body clothlnc. head coverings, gloves, and foot coverings for any em ployee exposed to airborne concentra tions of asbestos fibers, which exceed the veiling level prescribed in puiagraph <b) ot this section. (4) Change rooms: <l> At any fixed place of employment exposed to airborne concentrations of asbestos flbera in exI'M of Uie exposure limit* prescribed In paragraph (b> of Utls section, the em ployer shall provide change rooms for employees working regularly at the place. <lli Clothes lockers: The employer nhall provide two separate locker* or eonturners for each employee, so separated or Isolated as to prevent contamination of the employee's street clothes from his work clothes. Util Laundering: (a) Laundering of asbestos contaminated cloUting shall be done so as to prevent the release of air- liattern as to represent with reasonable accuracy Ute levels of cxiaxiurc of em ployees. In no case shall the sampling be done at intervals greater than 6 months for employees whose exitostire to hsocwiotmay reasonably be foreseen to exceed Ute limits prescribed by puiagraph ibi ot this section. (31 Snoironmental monitoring--Hi samples shall be collected from areas of a work environment which are represent ative of tlie airborne concentrations of asbestos fibers which may reuch Uie breathing aone of employees. Samples shall be collected on a membrane filter of 0.1 micrometer porosity mounted in an open-face filter holder. Samples shall be taken for the determinaUon of Ute Khour Ume-welghted average airborne concentrations and of the ceiling con centrations of asbestos fibers. (ill Sampling frequency and pattern*. After the InlUal determinations required by subparagraph (1) of this paragraph, samples shall be of such frequency and pattern as to represent with reasonable accuracy the levels of exposure nf the employees. In no case shall sampling be at intervals greater Ui&u 0 motiUui for aiKtcini: between lines -.luiil be nt Ic.-isl cquul to Uir height <( Uie upper of sny two lines 2i Caution label*--*i labeling r;mitlon labels shall be nilixed to uit raw mntrriul.s. mixture.-:, seraii, waste, debris, and oilier products containing asbestos fibers, or to their containers, except Unit no label Is required where asbestos fibers have been modified by a bonding agent, coaling, binder, or oilier material so that during any reasonably foreseeable use. handling, storage, disposal, processInr.. or transportation, no airborne concentraUons of asbestos fibers in excess of Uie exiMicure limits prescribed in paragraph (b* of Uil* kcvIIoii will be released. till Label specifications. The caution labels required by subdivision <t> of Uns subparagraph shall lie printed in letters ot sufficient size and contrast a* to lie readily viable and ler.llile Hie label .-.hull stale: Caution CuntalUA AsCu-sKai Fiber* Avoid Creating Dust BnwUilng Asbestos liiwi M* c^u-.Mrrtvia* Bodily lisrui lumie asbestos fibers in excess of the ex employee* whose exposures to asbestos til* Housekeeping--M Cleaning Alt posure limits prescribed in paragraph (b) may reasonably be foreseen to exceed external surfaces In sny place of employ- of Mus section. the exposure limits prescribed In para incut siiall be maintained free of accu <b) Any employer who gives asbestos- graph tb) of this section. mulations of asbestos fibers If. with their i-onlaminated clothing to another person (4) employee observation of monitor dispersion, tlierc wpuld be an exccastte for laundering shall Inform such person ing. Affected employees, or their rep coitcciUruUuii. ot the requirement In (a> of this subdi vision to effectively prevent the release ot airborne asbestos fibers in excess of uie exposure.limits prescribed In para graph <bi of'this section. < Contaminated clothing shall be transported in sealed Impermeable bags, or other dosed, impermeable containers, and labeled in accordance with para graph igi of this section. ei Method of measurement. All de resentatives. shall be given a reasonable opportunity to observe any monitoring required by this paragraph and shall have access to the records thereof. - . <g) Caution tign* and label*. M) Cau tion sign*. U> Posting. Caution siens shall be provided and displayed at each locaUon where airborne concentrations of asbestos fibers may be in excess of the exposure tlailts prescribed In paragraph (b) of this section. Signs shall bo ponied <2* Waste disposal. Asbestos waste, scrap, debris, bag*, containers, equip ment. and asbestos-contaminated cloth ing. consigned- for diqiosal. which may produce In any reasonably foreseeable use. handling, storage, processing, dis posal. or transportation airborne concen trations of asbestos fibers in exerss of the exiaisurc limits prescribed In paragraph bi of tiiis secUun shull be collected and disposed Of in seulcd impermeable bugs, terminations of airborne concentrations at such a distance from such a location or other closed, impermeable container*. of asbestos fibers shall bs made by the so that an employee may read the signs - til Recordkeeping--tl> Exposure ref membrane filter metliod at <00-450 X and take necessary protective steps be olds. Every employer slml! malntgln rec 'magnification) <4 millimeter objective) fore entering tho area marked by the ords of any personal or environmental with tihuse contrast Illumination. if Nonitorina--M> Initial determi nation*. Within 6 month* of the publi cation of this section, every employer signs. Signs shall be posted at ull *!>proaclies to areas containing excessive concentrations of airborno asbestos fibers. ill) Sign specifications. The warning monitoring required by this section. Rec ords shall be maintained for a period of at least 3 years and shall be made avail able upon request to Uie Assistant Secre tary of Labor for OccupaUonal Safety shall cause every place of employment signs required by subdivision in of this and HealUi. thc'Dlrcctor of the National ,FCOEKAl tEGlSTEt, VOL 37 HO. 1 to--.WC0NW0AT, JUNG 7. If71 RULES AND REGULATIONS unutt^c Occupational Safely and tions. Records shall be retained by >-.'ram.. and to authorized representa- employers far at least 30 years. '.ivw ol ciUicr. <U> Access. The contents of the rec 2' Employee accets. Every employee ords of the medical examinations nri former employee ahall have reoson- required by this paragraph shall be made tb> oreewt to any record required to be available, far Inspection and copying, tv ' '.-tinea by subparagraph (1) ol this to the Assistant secretary of Labor for i ntph. wlilch indicates the em Occupational Safety and Health, the it.. *; own exposure to asbestos fibers. Director of NIOSH. to authorized Physi 3i Employee notification. Any em- cians and medical consultants of either ioycr found to have been exposed at any of them. and. upon the request of an em mie it. uiroomc concentrations of asbes- ployee or former employee, to his pliysl- jo\ fllivn. hi excess of Uie limits pre- cian. Any physician who conducts a cnbed In paragraph fb) of Uus section medical examination required by this ..`iall be notified In writing of the expo- - 'paragraph shall furnish to Uie employer -.ore or. soon as practicable but not later of the examined employee all Uie infor 6 nays of the finding. Tlic employee mation specifically required by this .nail also be timely notified of the cor- paragraph, and any other medical in . <-cuve action being taken. formation related to occupational ex if. Medical examinations--(1) Gen- posure to asbestos fibers. ral. The employer shall provide or make lvoiiablc at Ins cost, medical examina- 3. A new 11010.19 Is added to Subpart .ions relative to exposure to asbestos re B of Part 1010. reading as follows: quired by this paragraph. <2> Preplacement. The employer shall nrovit!*- or make available to each of his '-mplcyrr*. within 30 calendar days fol^iwuu; lus first employment in on x-cupuiion exposed to rJrbome convntraMons of asbestos fibers, a compre.*nsivc medical examination, which shall include, os a minimum, a chest roentvneraiii (pnKterior-aiiterlar M x 17 !*iches>. a history to elicit symptom atology of respiratory disease, and pulmonary function tests to include lorced vital rapacity fPVCi and forced 'xptratory volume at 1 second (FEVi,). 3> Annual examinations. On or be fore January 31. 1973. and at least an nually thereafter, every employer ahall provide, or make available, comprehen'ive medical examinations to each of his rti-'oyrif. engiixcd in occupations ax is to airborne concentrations of aa- fibers. Such annual examination .dial! inciade. an a minimum, a cheat roent-ciKHtram (poaterlor-anterior 14 x 17 Inches., a history to elicit symptomatolncy of respiratory disease, and pulmi.nary function tests to Include forccq mal capacity <FVC) and forced 61910.19 Asbestos dust. , Bocllon 1910.93a shall apply to the ex posure at every employee to asbestos dust In every employment and place of employment covered by 11010.12. I 1910.13.11010.14.11910.15. or 11910.10. in lieu of any different standard on ex posure to asbestos dust which would otherwise be applicable by virtue of any of those sections. Effective date. Paragraph <bi <2> of I 1010.03a shall become effective July 1. 1070. All other provisions ot || 1919.93a. 1910.93. and 1010.10 shall become effec tive July 7.1072. The current emergency temporary standard remains In effect until July 7. 1072. (Ins. e, . M Star. IMS. IMS; 39 VJSJC. C6. SS7: 3S CTO IS10.4: SKnuiT ot Labor's Ontsr Me. 13-71. St r3L S7M) Signed at Washington. D.C., tilts 2d day of June 1072. O. C. GUXHTItXX, fAssistant Secretary ot Labor I TO Doc.73-4874 Piled 0-*-73:1:41 mm expiratory volume at 1 second (FEV..). > 4 * Trrminatton ot employment. The -mployrr shall provide, or make availaln- within 3U calendar days before or after the termination of employment of any employee engaged in an occupation exposed to airborne concentrations of asbestos fibers, a comprehensive medical examination which shall include, an a minimum, a cheat roentgenogram (pos terior-anterior 14 x 17 inchesi. a history to elicit symptomatology of respiratory disease, and pulmonary function tests to include forced vital capacity <FVC> and forced expiratory volume at 1 second ' FEV.. . <5* Recent examinations. No medical examination is required of any em ployee. if adequate records show that the employee has been examined in ac<-urdiu.ee with this paragraph within the punt, l-year period. <C> Medical records--(I) Malnte~ nar.f, Employers of employees examined pursuant to this paragraph shall cause to be maintained complete and accurate records at all such medical examina FEOEEAl tfOIJTEt. VOL 37. MO. 110--WEDNESDAY. JUNE 7. 1V7J