Document 0J26Gr51O3DDrdZ9bg1QwepgR

; 1910 Sunderland Place, N.W. Washington, D.C. 20036 202-293-2980 Fax: 202-293-2915 j|p| Organization Resources IsJ Counsebrsylnc Memorandum September 6, 1989 To: ORC Asbestos Task Force From: Rebecca L. Daiss Subject: OSHA Interpretations Re: Negative Pressure Enclosures, Glove Bags, and Small-Scale, Short-Duration Jobs Attached for your information are two interpretations from OSHA regarding the small scale, short-duration operation exemption and requirements pertaining to removal, demolition, and renovation operations. Negative Air Bags The most recent interpretation, dated July 5, 1989, is a response to a letter from a Brand Company official asking whether Brand's Negative Air Bag constitutesa negative pressure enclosure under 1926.58(e)(6). OSHA answered with an affirmation that Brand's negative air bag meets the standard's definition of a negative pressure enclosure. Under this interpretation the use of multiple glove bags is permitted provided that negative air glove bags are used. However, employers or contractors can be cited for failure to establish a negative pressure enclosure if they conduct a multiple glove bag operation using glove bags that do not provide negative pressure containment. The use of a single, non-negative air glove bag, no more than six feet long, is permitted for maintenance operations. Small-Scale, Short-Duration Operations, Negative Pressure Enclosures, and PPE In a' June 2, 1989 Memo to the Region V Administrator, OSHA provides clarification of three issues: the definition of smallscale, short-duration; the requirement for negative pressure enclosures for removal, demolition and renovation operations regardless of airborne concentrations; and the required use of personal protective clothing during removal, demolition and renovation operations within negative pressure enclosures and regardless of airborne concentrations. -2- Small-Scale. Short-Duration Operation - Consistent with previous interpretations, OSHA states that the small-scale, short-duration is not defined by the amount of asbestos being removed of whether only glove bags are used. OSHA also notes that the Agency is under Court order to redefine small-scale, short-duration operation. Negative Pressure Enclosures - OSHA states that negative pressure enclosures are required for removal, demolition and renovation operations regardless of exposure levels. Personal Protective Equipment - The memo states that although the use of personal protective clothing within a negative pressure enclosure is not specifically required in the regulatory text, the requirement is implied there, and clearly established in the preamble to the rule. Attachment RLD3:INTERP1.MEM ASBESTOS JL 5 r 1989 Alfrecl.. Greenfeld orporate Minneri Occuntionil end Health he Brand Companies? Inc. 420 Renaissance Drive ark Ridse?. Illinois 60068 * Safety ear Mr. Greenfeld! his is in response tc Your letter of MaY 3? re9arcirs the use of a Negative Air Bag" in the removal of asbestos pipe insulation. It is the pinion of the Occup aticna 1 SafeiY anc Health Administration (OSHA) that he use of "Negative Air Bags" as described in vour letter meets the equiremert for establish in 9 a negative-pressure erclosure pursuant to 29 FR 1926.58(e)(6)? provided that all cf the other previsions of the onstruction asbestos standard are met. f we maY be of further assistance concerning this matter? please feel free o contact us. inc erelY? Ian C. McMillan ctin* Assistant Secretary CA!HOPKINS/bar/N3463/523-8036/6-3-39 CP # 7271 CP215 c !Ciark/Hopkir.s/Subi ec t/Chr or./OCIS/ALL Re9ioral Admir i s trator s ttach merit !. <RAND the brand companies? Ire. CSHA CCU # 43960 lay 3. 1989 Uan McMillan Assistant Secretary (Actirs) Occupational Safety and Health Administration J.S. Department of Labor *00 Constitution Avenue? N.W. -Jashinstor? D.C. 20210 Dear Mr. McMillan! On April 11? 1989? Jim Werner? Brand's Vice President of Technical .Services? and I? along with members of an ad hoc committee of the Asbestos abatement Council of AWCI ? met with a joint group cf OSHA and ERA officials -.t the Department of Lator in Washington? D.C. Representing OSHA was H. Oerrien Zettler? Joseph Hcpkins?. Helen Li? anc David Smith. ERA was epresented by Rotert Jcrcan? Brian Duncan and Kim Wen?. The primary purpose of the meeting was to express incustry concerns and to jxchanse information c ri technology? ergineermg cortrols and regulatory interpretation and enforcement of glove bag use in the removal of asbestosrontaining materials (ACM). During the meeting? Brard described its procecures for the use of a Negative Air Bag in removing ACM. Both OSHA and ERA indicated verbally? that they believe the use of these bass in the manrer described meets both the intent and requirement of the Stardard? 29 CFR 1926.58. It was then suggested that this procecure be submitted In writing to the Administrator for a written response. Dur Interpretation of Appendix G of the Standard is that glove bag procedures? as describee in the Appendix? are for small-scale? shori-duration projects which allow exemption from many of the provisions of the Standard. This is rarely the case in most astestos abatement roj ects.. Brand's reference to a Negative Air Bag? is the same polyethylene bag with arms attached that is presently being marketec withir the industry as a glove bag. However? it is in the application of this bag that Brand makes the distinction between a glove bag ard a negative air bag. Brand's procedures for the use cf the Negative Air Bag to remove asbestos Pife insulation are as follows! * 1. The pcIy bag is medified so as to allow make-up air to enter the ba9, but not leave the ba9. This is done with the addition of a poIy flap which is taped inside the bag over an opening-cut irto the bag. 2. The area to be worked on has been regulated by barrier tape.and sisns? and all employers * - - --a withir the immediate vicinity t i. - % I e e *, v s. c ! i *i t ft lie ^ have nr been no t i-f i ed :.i o \ r fi ? r 8 5 P . of Wa tthe5 . 2. The area vC- t*e 4 or Ice a on has been resulaito oamer ikpe a no iisns* and all employers withir the immediate vicinity have been notified of the abatement project. The uicrkers are suited up and are wearing respirators; 3. The outside of the insulation is wet wiped and sprayed wiih an encarsulant prior to the bat being placed on the pipe. 4. The bag is attached to the pipe using approved methods. Brand uses seamless baif and therefore does not hayeto tape.a bottom $ea the size cf the pipe warrants it* a small* rind plastic collar is into the ba to insure that the bat dees not collapse when negative pressure Is created. All of the necessary tools ard equipment have inserted into the bai prior to its beini sealed. beeru/* 5. Usini a small HEPA filtered vacuum unit* negative pressure is created within the Negative Air Bat. This netative ventilation is created prior to any abatement work anc is maintained throuth-out the use.of the bat. What we have new created is a classic netative pressure containment.. The difference being that the worker is or the outside of the containment as opposed to being cn the irside as with a larte containment. 6. The worker begins the removal process* using all of the normal entineerirt controls* ircludint amended water* etc. During the removal process* fcoth personal anc area air samples are being taken by the independert air mcnitcrmt contractor. 7. When the removal of the insulatjor is complete* the Net ative Air Bat is removed by the approved method and is then treated as AQM waste. .The removal process is thorough and includes encarsulart beint sprayed onto the oren_.ends of the pipe. 6. When the removal cf the ACM waste is completec* the workers are now required to underto complete decontamination in the Decon Unit* which has been.set .up.near by. We believe that usint Negative Air Bass to remove pipe insulation in this manner* that Is* uncer retaiive pressure and with all other provisions of the Standard in operation* meets both the letter ard the intent of the standard with retard to removal practices and procedures. We invite your response to this procecure and would appreciate any xuestions you may have. Thank you. Respectfully a Alfred'.I. Greenfeld^ ,, . ,, , A1. Corporate Manager* Occupational Safety and Health dm 2 MEMORANDUM FOR: Michael G. Connors Regional Administrator Region V THROUGH: FROM: SUBJECT: Leo Carey, Director Office of Field Programs Patricia K. Clark, Acting Director Directorate of Compliance Programs Interpretations of the Asbestos Standard Standard 1926.58 This is response to your letter of December 5, 1988, on behalf of Mr. William Thomas, the Cleveland Area Office Director. His letter concerns interpretations of the Occupational Safety and Health Administrationss (OSHA) asbestos standard in the construction industry, 29 CFR 1926.58. We apologize for the delay in response. The answers to his questions are as follows: 1. Currently OSHA is under court order to redefine "small- scale, short-duration" operations. Since the standard does not include a definition of "small-scale, short-duration" operation, OSHA Instruction CPL 2-2.40 lists four elements to be considered inclusively in defining what is "small- scale, short-duration." The definition does not depend on the specific amount of asbestos being removed or whether only glove bags are used. OSHA intends this a "small-scale, short-duration" exemption from 1926.58(e)(6) to apply to those work operations where it is impractical to construct a negative pressure enclosure because of the configuration of the work environment. Quantities of asbestos should be small enough so as not to result in employee exposure above the action level. Generally these operations involve facility maintenance activities which can be controlled via glove bag techniques or wet methods to keep employee exposures below the action level. 2. According to the standard, negative pressure enclosures are required for all removal, demolition and renovation operations regardless of airborne concentrations. The construction standard describes two types of regulated areas which must be established based on the type of work performed. Regulated areas are established where concentration of asbestos exceed or can reasonably be expected to exceed the permissible exposure limits (8-hour time-weighted average and/or 30-minute excursion limit). Employers performing general construction operations, such " as cutting of asbestos-cement sheets, the lathing of asbestos cement pipes are also required to establish regulated areas and demarcate in accordance with 29 CFR 1926.58(e)(1) and (e)(2), respectively. In other words, regulated area requires demarcation but not necessarily negative pressure enclosures unless removal, demolition and renovation operations are involved. 3. Paragraph (e)(6) of 29 CFR 1926.58 should be cited, which states that the competent person shall ensure the employees working within the enclosure wear protective clothing and respirators as required by paragraphs (i) and (h) . Although (i)(4) does not state specifically that the protective clothing be provided, the requirement for protective clothing is implied, as (i)(4) requires the competent person to periodically inspect the work-suits for rips and tears. The preamble makes it clear that the employers are required to provide disposable work-suits for all employees working within the abatement enclosure. Again, please accept my apology for the delay in response. If we can be of further assistance, please do not hesitate to contact us. U.S. Department of Labor 2,<?"pational Salet* and Heal,h Administration 230 South Dearborn Street Chicago. Illinois 60604 " OFFC, DATE: MEMDRANDUM FOR: THROUGH: December 5. 1988 Thomas J. Shepich, Director Dij^ctqrajt/a o, Compl iance Programs Care/, Director Office of Field Programs FROM: SUBJECT: tichael G. Connors Regional Administrator Region V Clarification/Interpretation of Asbestos Standard 1926.58 It is our surmise that the enclosed queries have National significance. In order for all Regions to have a uniform approach, the answers to these queries should be given by your office. We have advised Art Thomas, the Area Director of the Cleveland Area Office, that we have sent his communication to your office for further disposition. Thank you for providing us with uniform guidance on this subject. Enclosures U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION CLEVELAND AREA OFFICE - REGION V 1240 EAST 9TH STREET ROOM 099 CLEVELAND, OHIO 44199 COPY FOR YOUR INFORMATION DATE: November 23, 1988 REPLY TO ATTN OF: i-Llam'/CT Thomas, Area Direw!->r SUBJECT: Asbestos Construction Standarc, 1926-55 Thru: Michasi G. Connors Ac tire ARA/Technical Support We have recently been reviewing the construction asbestos enforcement directive and policy letters in detail, and wouid your thoughts on enforcement policy in the following areas: standard, appreciate What is a small - scale, short - duration operation? CSiiA Instruction CPU 2-2.0 is not dear in this area. It gives four (4) different definitions: Maintenance or renovation tasxs where the removal of asbestos is not the primary goal of the job, activities where exposure can be kept beiow the action ievei such as glove bags, an operation included in the employer's asbestos maintenance program and nonrepetitive operations. Coes this mean that an employer is exempt from negative - pressure enclosure requirements on any job if glove bagging methods are used for removal? Or does it depend on the amount of asbestos being removed? If so, what amount? Fifty iineal feet or fifty square feet is the cut-off established by the Ohio Department of hisaitn. 2. When is a negative - pressure enclosure required? CPL 2-2.40 says a negative - pressure enclosure is required for all removal, demolition ana renovation operations (except where not feasible). In a letter to Bernard Paul of the Indianapolis Air Pollution Control Division, Tom Shspich states that negative pressure enclosures are required for di removal, demolition and renovation operations regardless of exposure ieveis. In a letter to Robert Bettacchi of WR. Grace and Company, John Pendergrass states that regulated areas are established oniy where asbestos concentrations exceed the PEL. The standard says that regulated areas snail be established whenever asbestos concentrations exceed or can reasonably be expected to exceed the standard, and that negative - pressure enclosures are required for ail removal, demolition and renovation operations. Can you please provide some guidance in this area? .4 What standard snouid be cited to require employees to wear protective clothing i.urinu asoesi.os removal, demolition and renovation operation in cooes wnere there are no air monitoring results showing . exposure aoove the PEL? we nave been citing 1926.53(i) (3) because I926.56(i)(! ) says that clothing must be provided only for exposure above the PEL. Ther-r is no requirement anywhere in the standard requiring protective clothing inside the negative-pressure enclosure, except where air levels are above the PEL. Tne preamble states that protective clothing is required for ail employees working in the abatement enclosure by paragrapn (A MM 'page 22706), however, (i)(U) does not state that it must be provided, but rather that it should be periodically inspected and must be repaired or replaced if damaged. cc: r::e WAT/rap