Document 0gRpq3zp0QbGMBv2DaGmRJY1M

Interoffice Aicniorandnm TO (Name end Location) DATE See Below M (Name and Location) Anpiief 91 IQftfi REFERENCE NO. ' ________________ T. W. Scott - Charlotte--------------------------------------------------- ___ TWS-86-A3______________________ E. F. Bazen - Palmetto R. E. Caldwell - Greenville N. A. Culbertson - Celriver K. E. Hart Palmetto J. J. Henley - Fayetteville J. R. Kelley * Greenville D. A. James Palmetto D. V. Perry - Salisbury D. B. Smith - Salisbury R. S. Smith - Charlotte C. M. Spangler - Shelby R. D. Tankersley * Palmetto C. W. Whaley - Charlotte R. V. Williams - Celriver PLAINTIFF'S EXHIBIT SUBJECT: Stay of Parts of OSHA's New Asbestos Standard Please find the attached memorandum from ORC announcing OSHA'S stay of those sections of the new standard pending review by OMB. As noted in the ORC memorandum, OSHA expects no trouble with OMB clearing these sections, and thinks they will be received sometime in September 1986. /Jt cc: B. T. Bowyer Tom Scott GEN. 55 Rev. 3 (5/84) DO IT RIGHT THE FIRST TIME 103 IS National Place, Suite 911 1331 Pennsylvania Avenue, N.W. Washington, D.C 20004 202737*6330 Organization Resources Counselors, Inc. August 14, 1986 Memorandum To: ORC Occupational Safety and Health Group ORC Asbestos Task Force From: Darrell K. Mattheis W. William Ament Subject: Announcement of Asbestos Task Force Meeting August 27, 1986 and the Stay of Portions of the New OSHA Asbestos Standard STAY OF PARTS OF OSHA'S NEW ASBESTOS STANDARD ORC recently received word that OSHA had announced the BStay of Portions of the New Asbestos Standards Pending Review by OMB". This memorandum was transmitted by the OSHA National Office to all OSHA Regional Administrators during the week of August 11, 1986. The memorandum lists those sections of the OSHA Asbestos standard containing information collection requirements, and which are stayed until they are reviewed by OMB. OSHA expects no trouble with these clearances, and thinks that they will be received sometime in September 1986. The Office of Management and Budget (OMB) indicated that there were no particular problems with these sections of the asbestos standard, only that OSHA delayed in applying for their review. A copy of OSHA's memorandum is included for your interest. ANNOUNCEMENT OF ASBESTOS TASK FORCE MEETING Because of the many questions ORC members have had concerning the interpretation of OSHA's new Asbestos Standard, ORC has scheduled a meeting of the Asbestos Task Force for August 27, 1966 at its Washington, D.C. Office beginning at 9:00 a.m. and lasting to approximately 3:00 p.m. All ORC members are welcomel 10316 -2- pOSreHsAewntiltlohaanveswreerpqreuseesntitoantsiv,esandfrowmililtsuseOftfhiceeseoqf uPeisetilodnsCotoordinaUtion aotsstihs.t Ainsbtehsetosprespf.anrda.triodn. oIft thyoeuir .rfi.elpdi.ndiMre^ctitvoe.^foirnr^v>.puf^"""1 send in the attached attendance sheet. ^ ase 10317 Please return tot Joyce K. Jenkins Organization .Resources Counselors, Inc. National Place, North Lobby - Suite 911 1331 Pennsylvania Avenue, N.W. Washington, D.C. 20004 () I will attend the Asbestos Task Force Meeting August 27, 1986 at the ORC Washington Office, National Place, North Lobby, Suite 911, 1331 Pennsylvania Avenue, N.W., Washington, D.C. 20004. Time: 9:00 A.M. and Lasting to Approximately 3:00 P.M. For ORC Records Name______________ Title____________ Company__________ Address__________ Telephone_______ 8/86 Organization Resources CounselInc. 1331 PennjyUama Avenue, n.v\ washmgion. d c 2ooo-> 10318 MEMORANDUM FOR: REGIONAL ADMINISTRATORS FROM: JOHN B. MILES, JR., DIRECTOR DIRECTORATE OF FIELD OPERATIONS SUBJECT: Stay of Portions of the New Asbestos Standards Pending Review by OMB The following provisions of the new asbestos standards which contain information collection requirements are stayed pending review by the Office of Management and Budget: 29 CFR 1910.1001, as amended June 20, 1986; (d){2) initial monitoring (d)13) monitoring frequency (periodic monitoring) and patterns (d)(5) additional monitoring (d)(7) employee notification of monitoring results (f) (2) compliance program (g) (3)(i) respirator program (j)(5) employee information and training (l) medical surviellance (m) recordkeeping 29 CFR 1926.58; (f)(2) initial monitoring (f) (3) periodic monitoring within the regulated areas (g) (6) employee notification of monitoring results (h) (3)(i) respirator program (k)(3) employee information and training (k)(4) acess to training materials (m) medical surveillance (n) recordkeeping It is anticipated that OMB will complete their review of the standards shortly. In the interim the parallel requirements of the asbestos standard issued in June 1972, as amended, and published in 29 CFR 1910.1001 will remain in effect. Please notify State Plan Designees and other program personnel of this issue. 10319 Interoffice Atcmonniilnni O (Nimt and Location) See Below ROM (N<m< and Location) Bruce T. Bowyer DATE _August 11. REFERENCE no BTB-86-79 1986 <2.Q <*UK* 3U*UTV E. F. Bazen - Palmetto R. E. Caldwell - Greenville N. A. Culbertson - Celriver K. E. Hart - Celco J. J. Henley - Fayetteville D. A. James Palmetto J. R. Kelley - Greenville D. V. Perry - Salisbury D. B. Smith - Salisbury R. S. Smith - Charlotte C. M. Spangler - Shelby R. D. Tankersley - Celco C. W. Whaley - Charlotte R. V. Williams - Celriver SUBJECT: Asbestos Standards A stay of the requirements in the asbestos standard pertaining to non-asbestiform tremollte, actinolite, and anthophylite has been granted by the Occupational Safety and Health Administration, pending a reconsideration of whether the revised asbestos rules for general industry and construction should cover these substances. Attached for your information is the notice published in the BNA Occupational Safety and Health Reporter. If you will review the memo I issued on the final rule for occupational exposure to asbestos, reference BTB-66-86, and delete any reference to these three substances, the summary will apply as written. Attachment /Jt G. A. Abbott G. D. Alkire M. B. Caldwell E. A. Collins J. R. Dunkley - Salisbury W. L. Hannan P. S. Holdorf V. G. Right - Celco s. M. Lanier J. A. Lerme J. C. Pullen G. M. Rowen - NYO T. W. Scott K. J. Soden L. M. Wiseman GEN. 55 Rev. 3 (5/84) DO IT RIGHT THE FIRST TIME 10320 Asbestos OSHA GRANTS STAY OF REVISED STANOAROS WITH REGARD TO NON-ASBESTIFORM MINERALS Enforcement of portions of the Occupational Safety and Health Administration's revised asbestos standards pertain ing to non-asbestiform tremolite, actinolite, and anthophyllite will be stayed for nine months -- until April 21, 1987 -- while the agency reopens the record on those provisions and institutes supplemental rulemaking, Assistant Secretary of Labor John A. Pendergrass said July 18. Pendergrass made the statement in a letter to a Norwalk, Conn., supplier of industrial talc that had filed a court suit challenging the revised asbestos standards for general in dustry and construction. The limited issue to be considered during that supplemen tal rulemaking is whether oon-asbestiform tremolite, actino lite, and anthophyllite should continue to be regulated by the same standards and to the same extent as asbestos. The talc supplier challenged OSHA's inclusion of the three minerals in the revised workplace asbestos standard on the ground that the substances are "non-asbestos" (Current Report, July 10, p. 134). OSHA noted that during the pendency of the stay the provisions of the 1972 standard governing occupational ex posure to asbestos will remain in effect with respect to regulation of non-asbestiform varieties of the three minerals. Although OSHA claimed that it provided adequate notice to the public that it would be considering the inclusion of non-asbestiform tremolite, anthophyllite, and actinolite in its revised asbestos standard, the agency acknowledged the receipt of additional comments, assertions, and information, which the rulemaking record does not reflect. Record to Be Reopened In order to fully consider these additional comments, and to invite further comment and evidence on "all issues rel evant to the regulation of non-asbestiform tremolite, antho phyllite, and actinolite," OSHA Suortly will publish a notice in the Federal Register reopening the rulemaking record on those issues, the letter concluded. As a result of the agency's letter, R.T. Vanderbilt and the Labor Department filed a joint motion with the U S. Court of Appeals for the District of Columbia Circuit to hold the proceedings in R.T. Vanderbilt v. OSHA (No. 88-1415) in abeyance pending agency reconsideration of inclusion of those three minerals in its asbestos standard. R.T. Vanderbilt's suit, filed in the Second Circuit, was transferred on July 11 to the District of Columbia Circuit in accordance with an order issued by the D C. Circuit (See related article in this issue.). 7-24-M 10321