Document 3N7NpyvbdYEzdZL6ZYxdZ6wKD

I PLAINTIFF'S EXHIBIT TaTE Of CALIFORNIA EPARTMENT OF INDUSTRIAL RELATIONS DCCUPATIONAL 004 FOURTH STREET aCRAMENTO, CA 93814 916) 322-3640 SAFETY AND .HEALTH STANDARDS BOARD E0MUN0 G 3R NOTICE OF PUBLIC MEETING AND HEARING OF THE OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD AND NOTICE OF PROPOSED CHANGES TO TITLE 8, CALIFORNIA ADMINISTRATIVE CODE AND TITLE 24, CALIFORNIA ADMINISTRATIVE CODE Notice is hereby given pursuant to the provisions of Section 142.1 of the Labor Code, that the Occupational Safety and Health Standards Board of the State of California has set the time and place hereinafter set forth for a Public Meeting, Public Hearing, and Business Meeting: PUBLIC MEETING: On April 26, 1979, at 10:00 a.m. in Room 1036 of the California State 3uilding, at 2550 Mariposa Street, Fresno, California. At the Public Meeting, the Board will make time available to receive comments or proposals from interested persons on any item concerning occupational safety or health. PUBLIC HEARING: On April 26, 1979, following the Public Meeting, in Room 1036 of the California State Building at 2550 Mariposa Street, Fresno, California. -- At the Public Hearing, the Board will consider the proposed changes noticed below to occupational safety and health regulations in Title 8 and/or Title 24 of the California Administrative Code. BUSINESS MEETING: On April 26, 1979, following the Public Hearing in Room 1036 of the California State Building, at 2550 Mariposa Street, Fresno, California. At the Business Meeting, the Board will conduct its monthly business. In the event it becomes necessary to continue the Public Meeting, Public Hearing, or Business Meeting, the meetings or hearing will be continued on May 3, 1979 at 10:00 a.m. in Room 1036 of the California State Building at 2550 Mariposa Street, Fresno, California. NOTICE OF PROPOSED CHANGES TO TITLE 8 AND TO TITLE 24, CALIFORNIA ADMINISTRATIVE CODE BY THE OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD CHEV BB 010329 Notice is hereby given pursuant to the provisions of Section 142,1 and Section 142.3 of the Labor Code that the Occupational Safety and Health Standards Board will consider the following proposed revisions to the safety orders in Title 8, California Administrative Code and to the Building Standards in Title 24, California Administrative Code, as indicated below, at its Public Hearing on April 26, 1979: CH 00849 PUBLIC MEETING/HEARING -2- APRIL 26, 1979 1 TITLE B: GENERAL INDUSTRY SAFETY ORDERS Proposed revisions to Sections 3319(a), Fueling; editorial revisions to change the word "motor" to "engine"; 4309(d) and (f), Horizontal Pull Saw, Sometimes referred to as "Contractor's Saw" or "Radial Arm Saw" (Class A), editorial revisions to (d), repeals subsection (f) regarding lower blade guards; 4924, Load Safety Devices, adds exception for boom-type excavators used exclusively in excavation, pile driving, or log handling from requirement to have load safety device; 5001(d), Signals, editorial revision to delete the phrase "manual hand" signals and refers to these signals as hand signals; 5021(c), Note, Equipment Over Three Tons Rated Capacity, adds a "note" to clarify that the requirement of this section does not apply to backhoes or other boom-type equipment; 5022(d), Unit Proof Test and Examination of Cranes and Their Accessory Gear, deletes the requirements to examine the clamshell buckets or similar equipment, renumbers remaining requirements; 5025, Certificates, adds cross-reference to include Section 5021 for certificates for operation of crane or derrick; and Plate V, Certificate of Unit Test or Examination of Crane, Derrick or Other Material Handling Device, editorial revisions to certificates to correspond to proposed changes of Sections 5021, 5022 and 5025, above. 20 TITLE 8: CONSTRUCTION SAFETY ORDERS TITLE 24: PART 2, BASIC BUILDING REGULATIONS Proposed revisions to Title 8, Construction Safety Orders, Section 1528(c), Spraying of Asbestos, repeals subsection (c) regarding the prohibition of spraying of asbestos-containing products on buildings; and proposed adoption of new subsection (c); AND Proposed revisions to Title 24, Section B1750, Spraying of Asbestos, repeals subsection (c) regarding the prohibition of spraying of asbestos-containing products on buildings and proposes adoption of new subsection (c). 3.E TITLE 8: GENERAL INDUSTRY SAFETY ORDERS (Asbestos) Proposed revisions to the General Industry Safety Orders, Sections 5208(c), Work Practices, repeals existing subsection (c) and adopts new (c), which retains old provisions and adds new requirements for asbestos-containing products; 5208(g), Monitoring and Recordkeeping, repeals existing subsection (g) and adopts new subsection (g) on same subject to correspond to the Federal standards on these subjects; 5208(i)(l), Caution Labels, Labeling, editorially revises the section for clarity; 5208(j), Medical Examinations, repeals and. adopts Federal language for these requirements effectively removing the action level by which medical surveillance provisions were initiated, medical surveillance will be required at any exposure level to airborne asbestos; and 5208(7), Reports of Use, revises subsection (Z) to reference.the new agency name of the Oivision of Occupational Safety and Health Administration. CHEV BB 010330 CH 00850 PUBLIC MEETING/HEARING -3- APRIL 26, 1979 4. TITLE 3: GENERAL INDUSTRY SAFETY ORDERS (Carcinogens! Proposed revisions to the General Industry Safety Orders, Section 5209(f)(1), Reports, Carcinogen Operations; clarifies reporting requirements for carcinogen users; additionally requires reporting of the name and address of each place of employment where carcinogens are present and the name and addresses of collective bargaining representatives. 5. TITLE 8: GENERAL INDUSTRY SAFETY ORDERS (Employee Exposure to Lead) Proposed revisions to the General Industry Safety Orders to include new Section 5216, Lead; this section establishes requirements for occupational exposures to lead with exemption to construction work and agricultural operations; Sections 5216(a), Scope and Application; (b), Definitions; (c). Permissible Exposure Limit (PEL); (d), Exposure Monitoring; (e). Methods of Compliance; (f). Respiratory Protection; (g). Protective Work Clothing and Equipment; (h). Housekeeping; (i), Hygiene Facilities and Practices; (j), Medical Surveillance; (k). Medical Removal Protection; (Z), Employee Information and Training; (m), Signs; (n), Recordkeeping; (o), Observation of Monitoring; (p), Effective Date; (q). Appendices; and (r), Start-up Dates. kirkirkieirk'kifir'k Notice is also given that pursuant to Section 106, Chapter 1284, Statutes of 1974, the above orders do not create any obligation for reimbursement by the State to any local agency under Section 2231 of the Revenue and Taxation Code for costs that may be incurred by it in complying with these orders because these orders merely implement Federal law and regulations. These orders do contain Building Standards, as noted above. A copy of the above proposed changes is available to any interested person from the Occupational Safety and Health Standards Board's Office, 1006 Fourth Street, Third Floor, Sacramento, California 95814. Copies will also be available at the Public Hearing. Inquiries may be directed to R. T. Rinaldi, Executive Officer at (916) 322-3640. Notice is also given that any interested person may present statements or arguments orally or in writing to these safety orders under consideration, in person or prior thereto in writing. Written cotnnents should be submitted no later than fifteen (15) days prior to the Hearing date. The Occupational Safety and Health Standards Board, upon its own motion or at the instance of any interested person, may thereafter adopt the above proposals substantially as set forth above without further notice. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD CHEV BB 010331 Date: March 1, 1979 CH 00851 CALIFORNIA OCOJPATIGNAL SAFETY AND HEALTH STANDARDS HOARD TITLE 3: CONSTRUCTION SAFETY ORDERS TITLE 24: PART 2, BASIC BUILDING REGULATIONS TITLE 8 SECTION 1528(c) TITLE 24 SECTION 81750. _________ SUBJECT Spraying of Asbestos. Repeals Subsection (c) regarding the prohibition of spraying of asbestos-containing products on buildings; and adopts new Subsection (c). There are building standards contained in this order. Pursuant to Section 106, Chapter 1284, Statutes of 1974, the above orders do not create any obligation for reimbursement by the State to any local agency under Section.2231 of the Revenue and Taxation Code for costs that may be incurred by it in complying with these orders because these orders merely implement Federal law and regulations. CHEV BB 010332 STANDARDS PRESENTATION . f3G_i_0F 2 CALIFORNIA OCClPATiONAL SAFETY AND HEALTH STAMMS. 8M) Title 8; Repeal Subsection (c) of Section 1528 and adopt new Section 1528(c) to read: ripdtiL Article A. Dust, [''nines, Mists, Vapors, amt Gases 1528. General. (a) Whenever harmful dusts, fumes, mists, va pors, or gases exist or are pruduced in the course of employment in muuUities giving rise to harmful exposure of employees, such hazarrls snail be controlled by removing the employees from exposure to the hazard, by limiting Tne daily exposure of employees to the hazard, or by application of engineering controls. Whenever such controls are not practicable or fail to achieve full compliance, respiratory protective eauipmeiit shall be provided as prescribed in Section 1531. Substances wnicn may give rise to harmful exposure include, hut .ire not limited to, those substances listed in General Industry Safety Orders, Title 8, Section 5155. (b) When ventilation is used ,i-> an engineering control method, the system shall be installed and operated according to the reijuirernents of this Article. Note: Whenever any employee is exposed to airborne asbrUns dust, the requirements of General Industry Safety Orders, Title X, Section 321)8 shall apply. ~*yr'sJ'ru* spraying of ,mr v crnirnimng anyrtmottnl of ..shears in or upiTfr^duiiltluig or other slnieture during its (ainstny^rrCalter.i. linn, or repair shrKUgmt he permitted. Kxccptions: 1. (add process cutbat'kTTSrdjidA^rTTbl coatings. July2. Until l, 1978---Tli>t+rtrulc?tviLLPl-lst''r containing less than one-half of 1 pcr^rrr73shesto.s. 3. UtUil4+d7^U1978-- Exterior and interior coaTrrmi^md laminating n>MTS'coutaining encapsulated asbestos Fibers bound wuhip the fin ished product from manufacture through application. (c) The spraying of any substance containing arty amount of asbestos in or upon a building or other structure during its construction, alteration, or repair is prohibited. EXCEPTIONS: 1. UntTl July 1, 1980, Portland cement plaster containing less than one-half of 1 percent asbestos. r 2. Exterior and interior coatings and laminating ! V resins containing asbestos incorporated during the manufacture of the finished. product. 3. Cold process cutback asphalt roof coatings. 4. Substances containing less than one-quarter of I percent asbestos solely as a result of naturally occurring impurities in the substance or its components CHEV BB 010333 OF 2 riru 24: Repeal Section 31750 and adopt new Section 31750. to read as follows: tt+750. Spraying of Asbestos. fhv spraying nf ;mv substance omiairiiiig any amount of asbestos in nr upon a building nr other structure during its construction. alteration, nr repair shall not be permitted. Hxccptiuus: 1. Cold process cut hack asnhalt roof coatings 2. Until July 1. 1978--Portland cement plaster containing less than one-half of I percent asbestos. 3. Until July 1, 1978--kv tenor and interior coatings .mri la mi nut mg resins containing encapsulated asbestos libet s bound u itlun the .finished product from manufacture through apjilie.itlull. . 81750. Spraying of Asbestos. The spraying of any substance containing any amount of asbestos in or upon a building or other I structure during its construction, alteration, or repair is | prohibited. xclp;_i_0Ai. " T. llnul July 1, i 9J30, Portland cement platen containt'nn~ 1 e_ss_ t'han one-haT_f _nFT percent^ asbestos^ A\ 1l 2. jtxtorior and i titer i or coatings and _1 ami nati ng resins" con't.Vi nTn'cf asher. tos Vn corpora toll 3u?i nrj' tTi_e mTnuTa"c_tin`e o_f_th_u finished producL 3. CoM procecs cutback asphalt roof coati 4. Subs tanc_es_ cunUtiniikj Ups tlw,_ one-guarter of rjjercent .asbestos .soJUW as_ a_ result of naturally occlir_rTn3' impuri tj ns in_the ^ ub s tance or its components. CHEV BB 010334 STAMMS PRESENTATION CALIR3PNIA OCCLPATICNAL SAFETY AND HEALTH STAMMS BOARD TITLE 8: 6ENERAL INDUSTRY SAfETV ORDERS (Asbestos) SECTION 5208(c) 5208(g) 5208(1)0) 5208(j) 5208 (Z) _______________ SUBJECT Work Practices.. Repeals existing Subsection (c) and adopts new (c), which retains old provisions and adds new requirements for asbestos-containing products. Monitoring and RecordKeeping. Repeals existing Subsection (g) and adopts new Subsection (g) on same subject to correspond to the Federal standards on these subjects. Caution Labels. Labeling. Editorially revises the section for clarity. Medical Examinations. Repeals and adopts Federal language for these requirements effectively removing the action level by which medical surveillance provisions were initiated. Medical surveillance will be required at any exposure level to airborne asbestos. Reports of Use. Revises Subsection (Z) to reference the new agency name of the Division of Occupational Safety and Health Administration. There are no building standards contained in this order. Pursuant to Section 106, Qhapter 1284, Statutes of 1974, the'above orders do not create any obligation for reimbursement by the State to any local agency under Section 2231 of the Revenue and Taxation Code for costs that may be incurred by it in complying with these orders because these orders merely Implement Federal law and regulations. CHEV BB 010335 STANDARDS PFESEiTATlttl CALIFORNIA OCCUPATIONAL SAFcIY E_HEMI Pg_Lof _u _____ Repeal Subsection (c) or Section 5208 and adopt new Subsection (c) to read: MM. Aabeatoa. (4) The S-hour time-weighted average concern tration of airborne asbestos fibers to which any employee may be eipuscd shall not exceed 2 fibers, lunger than 5 micrometers, per cubic centimeter of air as determined i>v the membrane filler met hud usingphase contrast illumination nnd 'IDO to 450X magnification. The ceiling or short time concentration to which employees are exposed shall not exceed 10 libers, longer than 5 micrometers, per cubic centimeter uf air. (b) Engineering CotitroLa. ('nntrol.i such as, hut nut limited to, isolation, enclosure, exhaust vcnlilutioii, and dost enllcelinu shall he used to meet Ihc exposure limits in Section 520R (n). All hand-operated and power-operated tools which may produce or release nsbrslus libers in excess of such limit shall he provided with local exhaust ventilation systems. The American National Standards Institute ZD 2-lb? 1 Stand ard (Joverniug the Design nnd Operation of Lm-.d Kahn list Systems shall be used as a guide In design, construct, install, and maintain exhaust ventilation nnd dust culleelinn systems. " - jc) Work Practices. Asbestos shall he mixed, handled, npplicd, reniovcur~FnTr-Tff--uLhcr^vise workeil wet insofar as practicable. A.-dii-s'iis spills slinil be cleaned tip-prwmxjl I y/Asbcsliis-erinl.lining eeim-ril, inor- tar, coating, greiit, jjlaatcji_a*e- sniiTTur~'TTTTHe-ruj .shall not be removed from bags^JL".r'^^rr--7'r other containers without lu-uig wxUrd, unless it-br-mcToscJ and/or ventilated to affectively control airborne fibers as specified in Section 5208 (a). Asbestos waste, scrap, debris and asbestos rnnt'imim*"'1 n""i| "'! fee disposal ahull be col- ^^,L-d-ornosg?f~in scaled impermeable bags or umUiui i*------ (c) Work 1 rare ici;c. (1) Asbestos shnll b>.- raj xed, handled, Applied, rcnov'.fi, cut, or other-wine- worked wot insofar os proct I r.ibl (P) Arh' ."loa r.pillr. : h.-t 1 l bo cle-n-r! up nro.r.ptly. (;) A.-~or-:nont;nninp; cement, jtnrVir, oortir./r, ('rout, uln.-.tc-r, ni` ri.r.tl.-. r nrterin 1 shall mt be removed fren bnr.e, r-ift- nr, n other cont-ninc rs without bein/r wetted, unions it i.i -'r.'-l.j.-fd ud/or vent l.-i c od to -; f restively rout r-il --Vn f: b-:-:r~-2-: . .mcl fit ! j-; Section ?;o8(a). (J>_) Tk-- :u: v /.Kr:C .? f tiiibct.-r.r- -:.e;t . i:\ir.~ nr.y 'M.-.ount (if :. 1 ' I in or h:mm a lui!/;it;c or other t ructu r-j durinr i t. - ji-ri' irur* 'mu, r\\(.' r*'.? i cv1. j ^ T*r-n.ii:* ir* P'T hi hi (-1. E2iCI-.l"TlC'TL'J ; () !-'' *. i 1__IDnth, i'o; Li ;u;;i cc.'..<:-nt plantar 'lilELt 1 " pj 'thar. eino-hai f oi' 1 percent Asbestos. (d) I L-i'irr sr.h__interior r.-j a t i n rr Find l.-ininntin ,7 r-'i'ins r'-nt.'iininr gshostos inrurnnr-'.Led during the .r~ir u f Ai-1 u ;> o; tlie finished nroduot. (O 1 < 1 Id rrreoss cutback asrhslf roof continrs. Li2l__`-'.ihAtnncrrn cont.3 ini n<7 lorn th.-.n one-nunrter of 1 "r,:_nsi-tr-str.;: solely as n result _o f naturally e ;* ru r r : :i : iT:u;rt tics in 1 ho ruhrtnnro nr its rn.rnnn>>>- r - CHEV BB 010336 STANDARDS PRESENTATION Pg *2 13 CF U CALIFORNIA GCCIPATIGNAL SAFETY AND HEALTH STANDARDS KM) (r)) Accentor: wnstc. rtcrr.p, debric nrid nnhontoK-co.ntnr-; inat?d 'tct-lals consigned for disr.or.~l sr.nll be collected and disposed in sealed impermeable bars or rontniitwhich shall be labeled in ncrord.-inre vit.h flection i'5( i ). (d) Respiratory Protective Equipment. When engineering con trols and wet handling methods are not feasible or are incapable of controlling tho concentration or ia an emergency, respiratory protec tion shall be provided' and worn in accordance with provisions of Sec tion 5H4 and the following requirements: (1) Reusable or single-use air filtering respirators shall be used when the concentration exceeds the levels specified in .Section 52f)8 (a),, but may not be used when the concentration may rea sonably be expected to exceed 10 times the limit. (2) Powered air filtering respirators may be worn for lower concentrations, but shall be worn when the asbestos fiber concen tration is reasonably expected to exceed 10 tlmcs^but not 100 times the limit in Section 5208 (a). (3) Continuous flow or pressure demand air-line repiratora or self-contained breathing apparatus may be worn for lower concen trations, but shall be worn when the asbestos fiber concentration ia reasonably expected to exceed 100 times the limit in Section 52M8 (a). (1) No employee shall be assigned to tnska requiring the ti.n: of respirators if based on his most recent examination an exam ining physieian determines that the employee will be unable to fune- -- lion normally wearing a respirator or that the safety or henllb of . the employee or other einployiVH will be impaired by his urn: of n respirator. Such employee shell be rotated to an equivalent job whose duties ho ia able to perform, if such a position is available. (c) Change Rooma and Special Clothing. (1) The employer shall provide and require the use of special clothing such as coveralls or similar whole body clothing, head eovcringe, gloves, and foot coverings for any employee exposed to uirborue concentrations of asbestos fibers, whicli exceed the ceiling level prescribed in Section 5208 (a). (2) At any fixed pines of employment exposed to airborne concentrations of asbestos fibers in excess of the exposure limits prescribed in Section 5208 (a), the employer shall provide chungo rooms for employees working regularly at the place, and shall pro vide two separate lockers or containers for each employee, so sep arated or isolated as to prevent contamination of the employees' street clothes from hia work clothes. (f) Laundering. (1) Laundering of asbcstos-contaminat-cd clothing shall b'a done so as to prevent the release of airborne asbestos fibers in excess of the exposure limits prescribed ta Section 5208 (a). (2) Any employer who gives ssbcstoa-cootanilnated clothing to another person for laundering shall inform such person of the requirement in Section 5208 (f)(1) to cfTcetively prevent the release of airborne. asbestos fibers in excess of the exposure limits prescribed in Section 5208 (a). ('!) Cbm lain mated clothing shall be transported in j ralnl impermeable bags or ulhcr closed, impermeable container:;, and lubolcu ill accordance with Section 5208 (i). CHEV BB 010337 STPiiiARDS PRESENTATION Pg 3 of 12 Repeal Subsection (g) of Section 5208. ') Monitoring and Becord Keeping. N. (1) Monitoring. (A) The employer dinll -utmpb- the \Aiid determine the concentration of asbestos fibers wnhii/ Dm breathing me of employees wluwo exposure to airbori'u- m\y cxreed an 8-hour lime-weighted average ronrrnl raitim of i fiber, longer than 5 niiminieii-rs, per rubie rentiiiieteynir u i-i-it- ing Ami-nitration of 10 (Huts, longer tlnm 5 mieroinrirrs, per cubic rvtitimeter due to work nK.sigiiinrnl(s) nl nn/m-:;r opera, lions irh asbestos or nshestos-uontuining prodiii-jA whieli result in the relNise of asbestos libers, (!!) htjIIuwing any i-liange in eonlrul, poficess, nr ]irrnliie. lion met liodywhieh may alter the air-horny emierrit rat inn of asbestos, the employer shall monitor the leue! of any employee'* exposure which \iuny have been a/Tccted djy ym-h change. ((f) Muiiituruig sliall be repcatcij/iil. least ('tiee every (i mouths where exposure to airborne Ashestr.a may exri-nl an S-huiir titiic-wcightca. average e.oneent rat inn of ] fiber, longer than 5 mierometers, per cubic centimeter or a ceiling eom-en- trutinn of 10 fibers, longer than 5 micrometers, per cubic renti- meter. (D) The sampling otVairborne asbestos required by this paragraph aball be perforufyd in a manner ivhieh will assure a reasonably accurate iletcrmi'uatiun and shall be made wiDinut regard to employee use yt resuirutory protective equipment. (E) All determinations of airborne coiieeui.rutiuu.i of us- boston fibers porformpd under rjitiretncnts of this sort inn shall use the membriyie filter method with phase contrast illu- miuaiion, 40U to 45t)X niagnificiitioi\and 4 millimeter objec tive. y , (2) Eecord Keeping. Every employeAshall maintain rec ords of any pcrtvirial or environmental monitoring required by this subsection. Ifeeords shall he maintained for a period of at lctist HO years inid sliall be made uvnilable upofy requrst la the Chief of the fiivision of Industrial Safety, the Njrrelur nf tlic Hlnte Ueparpnctit of Health, and tu authorir.i-d rwirescntalives of either. Upon written request of an employee, a former employes, or an employee representative nf either, the employerViiall fur nish tbymon'iioring record of that employee ur former hinplnyce. In the/event the employer ecases to do business ami thi-hc is mi Ruociafser to receive and p-toiii his reiuirds for the pre-ow-itn-d permd, them- m-onls shall be transmitted bv ri-gist. mi mail l!ie bjrcctur, National Insiilule for h-ciipalirmil Safely and lh-a\li, H. Deparlnicnl of Health, Education ami Welfare, and ^employee sliall be unUfied in writing of this transfer. CHEV BB 010338 STANDARDS PRESENTATION Pg_L_ of J CALIFORNIA XCIPATICNAL SAFETY AND HEALTH STANDARDS BOARD Adopt new Subsection (g) into Section 5208 to read: ! (g) Monitoring and Recordkeeping. (1) Monitoring. (A) Initial Determinations. Every employer shall I cause every place of employment where asbestos fibers are released to be monitored in such a way as to determine whether every employee's exposure, without regard to the use of respirators, is below the limits prescribed in Section 5208(a). If the limits are exceeded, the employer shall immediately undertake a compliance program in accordance with Sections 5208(b), (c), (d), (e), and (f). (8) Personal Monitoring. 1. Samples shall be collected from within the breathing zone of the employees, on membrane filters of 0.8 micrometer porosity mounted in an open-face filter holder. Samples shall be taken for the determination of the 8-nour time-weighted average concen trations and of the ceiling concentrations of airborne asbestos fibers. 2. After the initial determinations required by Section 5208(g)(1)(B) 1., samples . shall be of such frequency and pattern as to represent with reasonable accuracy the levels of exposure of employees. In no case shall the sampling be done at intervals greater than 6 months for employees whose exposure to asbestos may reasonably be foreseen to exceed the limits prescribed by Section 5208(a). (C) Environmental Monitoring. 1. Samples shall be collected from areas of a work environment which are representative of the concentrations of airborne asbestos fibers which may reach the breathing zone of employees. Samples shall' be collected on a membrane filter of 0.8 micrometer porosity mounted in an openface filter holder. Samples shall be taken for the determination of the 8-hour time-weighted average concentrations and of the ceiling concentrations of airborne asbestos fibers. 'h r CHEV BB 010339 STAiWiS PltSENTATICN Pc_i. of _i2 CALIFORNIA''CCaPATlCHAL SAFETY AND HEALTH STAMMjS BOARD 2. After the initial determinations required by Section 5208(g)(1)(C)!., samples shall be of such frequency and pattern as to represent with reasonable accuracy the levels of exposure of the employees. In no case shall sampling be at intervals greater than 6 months for employees whose exposures to asbestos may reasonably be foreseen to exceed the exposure limits prescribed in Section 5208(a). (D) Method of Measurement. All determinations of concentrations of airborne asbestos fibers shall be made by the membrane filter method at 400-450 X (magnification) (4 millimeter objective) with phase contrast illumination. (E) Employee Observation of Monitoring. Affected employees, or their representatives, shall be given a reasonable opportunity to observe any monitoring required by this paragraph and shall have access to the records thereof. (2) Recordkeeping. (A) Exposure Records. Every employer shall maintain records of any personal or environmental \ monitoring required by this section. Records shall be maintained for a period of at least 20 years and shall be made available upon request to authorized representatives of the Qivision.8 (8) Employee Access. Every employee and former employee shall have reasonable access to any record required to be maintained by Section 5208(g)(2)(A), which indicates the employee's own exposure to asbestos fibers. CHEV BB 010340 STMARDS PRESENTATION Pg 6 of ^ CALI PORN IA OCCUPATIONAL SAFETY AND HEALTH ST/YCARDS ECARD (h) Caution-Sifns. (1) Posting. Caution signs shall bp provided and Wiyi-ii at each location where airborne' concentrations of asbestos libvr> may be in excess of file exposure limits prescribed in Section.fi2!)K (a). Signs sinill be punted at Mich 11 distance frum such n local inn mi that an employee may read the signs and lake uece-.sna^ pro tective steps before entering the area marked by tin* signs Signs ahull be posted at all approaches to arcus containing excessive con centrations of airborne asbestos fibers. (2) Sign Specifications. The warning signs required by subparagraph (h)(1) shull ennforni t" the requirements nf formal signs specified in Section (>(KK! (d)(4) of the (ietn-ral Industry Safety Orders ami to this subparagraph. The signs -.liall display the following legend iu the luwer panel, with llm letter sines and style's of a visibilily at least equal to that specified in this sub paragraph. Legend Notation Asbestos_________ _______1' Suns Serif, (lothic or Block Dust llii/.nrd___________ - {'' Sans Serif, f.iulhic or Block Avoid Breathing Dust----- j" Gothic Wear Assigned Protective EquipmeutGothic Do Not Remain In Area Unless Your Work Requires Iti" Gothic Breathing Asbestos Dust May Be Jlaiardoua To Your Health14 Point Gothic Spacing between lines shall be at least equal to the height of the upper of any two lines. Repeal Subsection (i)(l) of Section 5208 and adopt new Subsection (i)(l) to read: CHEV BB 010341 SiANLME I'lLShNIAilON t JG. 7 OF i CALIFORNIA OCCLPA1IONAL SAFETY AND HEALTH STANDARDS BOARD (if Caution Labals. (1) 'Labeling. Caution labela shall be affixed to all raw aar' terials, mixture*, *crap, waate, debria, and other pnjdaiTU con taining asbestos Sbera or to their eontuinert, except"lfiat no label is required where asbestos fibers have bi-cn modified by a bonding agent, coming, binder, or other material so that duriug any rea sonably foreseeable use, handling, storage, disposal, processing, or* transportation, no airborne concentrations oi asbestos fibers in excess of the exposure limits prescribed in 9oetic..208 (a) will be released. Kor large outdoor storage such as mine 'art .tailing* jjiles, la holing shall not be required ii properly posted. (i) Caution Labels. (1) Labeling. Caution labels shall be affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing asbestos fibers or to their containers. EXCEPTIONS: 1. No label is required where asbestos fibers have been modified by a bonding agent, coating, binder, or other material so that during any reasonably foreseeable use, .handling, storage, disposal, processing, or transportation. no airborne asbestos fibers in excess of the exposure limits prescribed in Section 5208(a) will be released. 2. No label is required for large outdoor storage such as mine ore tailings piles, if properly posted. t'd) Label Specifications. Cnutimi label* required by this suli.-'vtinu shall be eonspiruiius and legible and shall cun urn the fulluwitig or equivalent warning: - CAUTION Contain* Asbestos Fibers Avoid Grouting Dust Breathing Asbestos Dust Muy Cause Serious Bodily Harm CHEV BB 010342 oirttuniMjo i iMLOCimi iUI fb CAUTOWIA OCClfATIUCSAFtTf AND HEALTH STANDARD BOARD \2 Uf Repeal Subsection (i) of Section 5208. (^-Medical Examination*. ' (1) The employer shall provide or moke available !U nn i'i^ lo the employee a comprehensive prepUeemrtil medical examiytilion by a. licensed physician for each employer engaged in/ an occupation wlnye exposure to airborne asbestos, without regard to the uso of respiratory protective equipment, hiut bo-n determined to exceed, or may be reasonably expected to exceed, an 3-hour limeweighted average concentration of 1 fiber, longer thun T mirrumvlers, per cubie centimeter or a ceiling concentration of 1U fibers, longer than 5 micrometers, per cubie centimeter, T!ie examination shall be provided or made available within 30 calendar days of au employee's initial assignment to such oc cupation and shall include us a minimum a IJ-ineh by 17-ineli chest X-ray (posterior-anterior), a history to eli/it symptomatology of respiratory disease, and pulmonary function tests to include forced vital capacity (fi'VC) and forced expiratory volume at one second (fr'KVLU). \ (2) At least annuai'jX every employer shall provide or moke available at no cost to the i\iployee a medical exaiuiuatiou to em ployees as specified in paragraph The employer shall pro vide or make available, within\dU ijuys of termination of employ ment of tmy employee exposedytb airborne asbestos, a medical examination as specified in pe.rugiqiph (j)(l), if sueh examination . iaa not been taken within the previous year of termination. r NOTE: Pursuant to authority jjranted by Labor Code Sec tion (i.'JUo(b), the Division, upon the device of the Department of Health, may requira an employer to make additional iliairni.Kiic tcal(s) available during medico! examinations performed under the provisions of this paragraph when a preponderance of evidence indicates die advisability of such supplemental testing, (3) Kceords shall bo kept of medical ^summations required by this subsection fur each employee; sue.h recopibi shall be nmin- tuiued by the employer for at least 30 yearn. Ac'cess to records of medical examinations required by this siibarctioi\h:ill be made available for inspection ami copying to the Division of Industrial Safety, the Department of Health, mid to authorized'physicians or medical eunsuitnnts of either of Diem. Upon written request of nn i employee or former employee, the employer shall provide a copy uf the medical examination record to the employee's or. former employee's physician. Any physician who conducts a medical exam ination required by this subsection shall furnish the employer of the examined employee or former employee nil the informal iu)^ re quired by this subsection and miy otlier medical information re- `latrd to occupational exposure to asbestos. CHEV BB 010343 STANDARDS PRESENTATION PGJ? OF CALIFORNIA OCOPATKM..SAFETY AND HEALTH STANLARDS BOARD u Adopt new Subsection (j) into Section 5208 to read as follows: I (T) Medical Examinations. 1 (1) General. The employer shall provide or make available at his cost, medical examinations relative to exposure to asbestos required by this paragraph. ..(2) Preplacement. The employer shall provide or make available to each of his employees, within 30 calendar days following his first employment in an occupation exposed to airborne asbestos fibers, a comprehensive medical examination, wmcn shall include, as a minimum, a chest roentgenogram (posterior-anterior 14 x 17 inches), a history to elicit symptomatology of respiratory disease, and pulmonary function tests to include forced vital capacity (FYC) and forced expiratory volume at 1 second (FEV-j g). (3) Annual Examinations. At least annually, every employer shall provide, or make available, comprehensive medical examinations to each of his employees engaged in occupations exposed to airborne asbestos fibers. Such annual examination shall include, as a minimum, a chest roentgenogram (posterior-anterior 14 x 17 inches), 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-j g). j (4) Termination of Employment. The employer shall ! provide, or make available, within 30 calendar days before or after the termination of employment of any employee engaged in an occupation exposed to airborne asbestos fibers, a comprehensive medical examination which shall include, as a minimum, a chest roentgenogram (posterior-anterior 14 x 17 inches), 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 '(FEVi,oI5 (5) Recent Examinations. No medical examination is required of any employee, if adequate records show that the employee has been examined in accordance with this paragraph within the past 1-year period. CHEV BB 010344 STAMMS PRESENTATION PgJLof 12 CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH STANDARDS HMD (6) Medical Records. ! (A) Maintenance. Employers of employees examined | pursuant to this paragraph shall cause to be maintained complete and accurate records of all such medical . 1 examinations.' Records shall be retained by employers for at least 30 years. / (B) Access. The contents of the records of the ! medical examinations required by this paragraph shall ; i be made available, for inspection and copying, to the ' ; Chief of the Division of Occupational Safety and Health i Administration, the Director of the National Institute ; for Occupational Safety and Health, to authorized physicians and medical consultants of either of them, and upon the request of an employee or former employee, to his physician. Any physician who conducts a medical examination required by this paragraph shall furnish : to the employer of the examined employee all the information specifically required by this paragraph, and any other medical information related to occupational exposure to asbestos fibers. CHEV BB 010345 ____ STANDARDS PRESENTATION Pg_JI of J2 CALIFORNIA OCCLPATIONAL SAFETY AM] HEALTH STAMMS BOARD Amend Subsection U) of Section 5208 to read as follows: | (!) Reports of Use. Not later than September 1, 19T7, employers j shall report the information required by Suosection (1)(2) to the Chief j of the Division ot imhwtroj-iwfc+r: Occupational Safety and Health Administration . ^3 Golden Gate Avenue, .'sun 1' ran- cisco, California 9411/2. Alter September 1, 1977, the information re quired by Subsection (!) (2) shall bo reported prior to the commencement of any now, unreported operation or process cm-creel by these Orders. Note: It is nut intended that each activity listed in paragraph (!) (1) involving asbestos or asbestos-containing products be reported upon each use or activity. Anticipated present anti future use reported initial ly is sulfinenl to comply svith this Section. (1) Operations and Processes Requiring Reporting. (A) Any use, handling, disposal, processing, nianufacWii ing. packaging or repackaging of asbestos or asbestos-containing products which require labeling by Subsection (i) of this section. (B) Brake repair and clutch repair operations where asbestoscontaining frictional materials are processed in a manner which may produce airborne asbestos fibers, such as: grinding, sanding, drilling, brake shoe arcing and beveling, or removing asbestoscontaining dust with compressed air. Automotive repair facilities which are registered with the State Bureau of Automotive Repairs meet the registration requirements of this subparagraph, but are not otherwise esempi from this Section. (C) Maintenance, construction, repair, renovation, demolition or sals age actisities in which any materials containing more than 1% asbestos (dry weight) are sanded, ground, abrasive blasted,' sawed, rut, shoveled, removed, or otherwise handled in Mich a maimer that asbestos dust would he raised. (ID) Any other use where employee exposure exceeds the con centrations of an borne libers given in Subsection (a) Note: The oidinarv use, handling, or installation of products u hit'll do not require labeling under Subsection (i) are exempt from the reporting requirements. Kxamples of non-labclcd produets mcludr hut .ire nut limited to, \ inyl-a.shestos Hour tile, resilient sheet (lorn mg, packings and gaskets, llbrateil asphalt coatings and coated asbestos elolli. Operations such as retail, wholesale, warehousing, transportation or distribution of products requiring Libeling arc exempt from re porting requirements providing such products arc handled or stored in sealed or unbroken containers. (2) Reporting Requirements. (A! The name of the employer and the address(es) oi the place(s) of cuiplos mtrnt. Whore there are multiple locations where employees may be exposed to asbestos-containing materials infrequently (such as pub lic utility x'uuhs), the employer may provide a general description of such potential exposures ami the nature aiul type of such loca tions in lieu of identifying each separate location. VW''t__ * L u-s CHEV BB 010346 STANDARDS PRESENTATION Pr, iz of .12 CALIRDRN1A OCCIPATICNAL SAFETY AND HEALTH STANDARDS BOARD Amend Subsection (!)"'(continued) , eUisz (11) A brief description of the way(s) in which the asbestos or asbestos-containing product(s) arc to be processed, handled, used or transported. (C) The estimated number nf employees potentially exposed. (D) The asbestos-containing product (s) being uspd or manufac tured or the type(s) of .siruclure(s) being constructed, demolished or repaired. (K) The names and addresses of any collective bargaining rep resentatives or other representatives of the affected employees. ([') Kmployers with temporary jobsites, such as construction or demolition need register with the Division only once. Such regis tration h valid only on condition that the work is performed hy die same employer and that prior to the commencement of each work when known in advance, the employer notifies !he appropriate District Dll ice by telegram, letter, or a telephone call which shall he roulirined in writing indicating the location and commence ment of the activity. (3) Incidents. Any incident, accident or emergency resulting in a known cvposure of ail employee, unprotected hy an appropriate respirator, to asbestos fibers in excess of the limits prescribed by ___ .Section '2(M(ai, shall be reported in writing to the Chief of the Division of huh...id... Curty Qccupationa1 Safety and Health Admini Stratton Within 15 days of the incident. The repot l shall infinite die lollowing information: (A) The number of employees over-exposed. (II) Tin' eii cum.'.tances swriniuiding the over exposure, includ ing tlu- process, operation or job involved. (C) The results of any environment analyses done to monitor emplovee exposure or to define the hazard. (D) The steps taken, or bring taken to prevent a recurrence or to avoid future over-exposures. (l\) The product being manufactured or the type of sti ucturr being icpaired, constructed or demolished. Mi Posting.- A copy of each report reijiiired by ibis Subsccinni shall be pust--d hy the employer in the location or locations whenasbestos is iiv-tl, or where other notices arc normally posted. wIim h shall be conspicuous lu affected employees. CHEV BB 010347 MR. I. H. GILMAN: Please note. We plan to send a representative to the April 26, 1979 hearing in Fresno. ' RCNunn:saf J. H. MACPHE^SON , u l 4-6-79 fLM)J/^T .. Enel. - Ltr Union Carbide(HBRhodes)- PBeemer et al - 3-30-79 IHGilman-1 GSKent-1 MAWiggs-1 DRJones-1 JHDotter-1 RGCongdon-1 HLGraul-1 SLDryden-1 / RDCavalli-Y MVHunter-1 EJGratz-1 RLFerm-1 DGLesnini-1 WHEllis-1 RCNunn-1 File-3(152.3) Endorsing letter as listed above. CHEV BB 010348 a/ic/ria^sBBsros_________________________________________________________________ UNION CAR8I0E CORPORATION METALS OIVISION . P. O.BOXS79 NIAGARA FALLS, N.Y. 14302 TEL: 716-278-3376 March 30, 1979 To: See Distribution List on Back Page of This Letter Enclosed for your information is a copy of the proposed revisions to the California asbestos standard to be considered at a public hearing in Fresno on April 25, 1579. The -wording shown represents the recommendations of the Board advisory staff and can be accepted, modified, or rejected by the Board as they see fit. The Board hearing on November 8, 1378 addressed only the spraying question mandated by SB-1591. The Board took no action after this hearing because of an extensive change in membership. The new hearing has been expanded to also cover substantive changes in monitoring and medical examination requirements. Basically, an initial monitoring would be required "at every place of employ ment where asbestos fibers are released" with annual medical examinations required for "any occupation exposed to airborne concentrations of asbestos." In essence, the present 1 fiber/cc >5u TWA action level for monitoring and medical examinations would be reduced to any exposure, no matter,how small. As described in my letter of January 26, 1979, the proposed changes in action levels are the result of heavy pressure by the Federal Government to make the California regulations the same as Federal OSHA and by the ship yard unions to make workers who were formerly exposed to high levels of asbestos (but are not now so exposed) eligible for medical examinations at employer expense. The wording throughout the suggested changes is taken directly from the Federal Code. Examination of the proposed changes reveals some good news and some bad news. The good news is that continued use of the sprayed products of particular interest to our group has been recommended. It appears that these products will be treated like any other asbestos-containing material for regulatory compliance purposes. As might be expected from the conflicting testimony on November 8, phase-out of Portland cement plaster is suggested. The bad news is the lowering of the "action level" to "any exposure." The detection and quantitative measurement of asbestos fibers in the environment at very low levels is imprecise to say the least. Erroneous results can be obtained for several reasons, including: asbestos is ubiquitous in the environment, particularly in California; and fibers which look like asbestos but are not asbestos are included in the count. CHEV BB 010349 Under an action level triggered by any exposure, citations could be given to anyone working with asbestos or asbescos-containing products. Although the data presented at the November hearing showed that the exposure levels for the products of interest were generally very low, values of several tenths of a fiber/cc >5u, or higher, were not uncommon. We believe that all of the fibers counted were frequently not asbestos. If Cal/OSHA elects to pursue vigorous enforcement of the new action level (any_ exposure), you and more particularly your customers can expect serious problems and disagreements with enforcement personnel. This leaves us with a strategy decision on the best approach to take at the hearing. A very low profile will enhance the acceptance of the entire staff recommendation. Efforts to modify the "action level" changes incur the risk of delay or further changes in the spraying proposal. Recent contacts in California suggest that the climate for modification may be reasonably good. On this basis we plan to proceed, with some caution, as follows: 1. A written presentation will be prepared expressing our concern over the proposed changes in the "action level." Reasons will include but are not limited to: a. Uncertainties in the monitoring procedure. b. The tremendous monitoring and medical examination burden imposed on industry and government. c. The impracticality of compliance or effective enforcement in transient workplaces and/or with transient workers, e.g. construction. d. The inefficient use of limited resources, i.e. emphasis is placed on low exposure, low risk occupations instead of situations where substantial exposures can occur. ~ 2. Mr. Myers will discuss our concerns with a number of key governmental and industry people in California during the week of April 9th. 3. If it is judged to be appropriate, a presentation of our concerns will be submitted by April 11, as required, for distribution to the Standards Board. An oral presentation would also be planned for the Hearing. 4. A brief discussion supporting the staff recommendations for the spraying proposal and emphasizing the need for prompt action by the Board will be prepared, submitted in writing, and presented at the Hearing. The in-depth testimony given at the November 8 hearing will not be repeated. Vie will be fully prepared to respond to questions as needed. 5. We will explore the'possibility of having our testimony presented in the name of the Asbestos Information Association/North America or by the CMA. CHEV BB 010350 As a final point, it should be emphasized that this hearing will probably have a very different atmosphere than the one held on November 8. The earlier hearing covered a very limited question on sprayi_ng_and was acconpanie by little publicity or controversy. In contrast, the "action level" question is of strong interest to the unions and it would be very surprising if they did not turn out in force to testify. We believe that Hearing attendance is very important and urge that you are represented and that you contact others who would support our position. We encourage your comments and suggestions by April 6 so that we can proceed. Attached is a listing of the Board members. If you are personally acquainted with any of them, please let us know so that we can consider having Mr. Myers contact them before the Hearing. Very truly yours, /rmm Attachments Harrison 3. Rhode CHEV BB 010351 Hr. Paul Beemer _______ W. W. Henry Company 5131 Becket Street Huntington Park, CA 90058 Mrs. Stella Miller National Paint & Coatings Assoc. 1500 Rhode Island Ave. NW Washington, DC 20005 Mr. Herb Duckett, Executive Secretary Roofing Contractors Assoc, of So. Calif., Inc. 11401 East Valley Blvd. El Monte, CA 91731 213-579-1276 Mr. B. J. Pigg Asbestos Information Assoc./NA 1745 Jefferson Davis Hwy. Crystal Square 4, Suite 509 Arlington, VA 22202 Mr. John T. Banister, Executive Director Associated Roofing Contractors of the Bay Area Counties, Inc. 8301 Edgewater Drive Oakland, CA 94621 Mr. Jim Hay The Flintkote Company 5500 S. Alameda Street Los Angeles, CA 90051 Mr. M. M. Golden Standard Brands Paint Co., Inc. 4300 W. 190th Street Torrance, CA 90509 Mr. R. C. Nunn Chevron Research Company 576 Standard Avenue Richmond, CA 94802 415-237-4411 ext. 4139 Mr. Dimitry Poutiatine Johns-ManviHe Corporation Ken-Caryl Ranch Denver, CO 80217' Ms. Margo Parker General Motors Corporation Room 11-141 GM Building 3044 W. Grand Blvd. Detroit, MI 48202 Mr. George Fay Carboline Company 350 Hanley Industrial Ct. St. Louis, M0 63144 Mr. T. A. Dougherty Senior Vice President Pipe & Plastics Group Certain-teed Products Corporation P. 0. Box 860 Valley Forge, PA 19482 Mr. Gordon Coates, President Calaveras Asbestos Limited P. 0. Box 127 Copperopolis7 CA 95228 209-785-2201 Mr. Richard Carter Johns-Manvilie Corporation Ken-Caryl Ranch Denver, CO 80217 Mr. Bruce Radebough Mortell Company 401 Industrial Drive Plymouth, MI 48170 Mr. A1 Libra California Manufacturers' Assn. 923 12th Street Sacramento, CA 95314 CHEV BB 010352 STATE DESIGNEE: Do a .Mel V >' -irccvor, uepr.i ;mc:it l>i USU 4 5 5 Golden Gnlc Avc.. Snn Frau. '-'CO 04102, < 1G-G57-335S Mi-nine Mo, Secretary William P.cckcr, Chief Deputy Director, DIR, 415..r.57-355S,, r Cul-OSHA STANDARDS HOARD, 100G - 4th St,, Sacramento, CA 95814, 916-322-3G40 . \ Hon Rinaldi. Exec. Officer Carol Vargas, Secy. Mark Ashcraft, Staff Analyst Jolin L. Dobis, Consulting Safety Engr. \ Gerald O'HararChairman 749 B Street --------- Davis, CA 95616 (1932) Edward R. Ashton M. J. Brock & Sons, Inc. 6767 Forest Lawn Dr. Los Angeles, CA 90068 (1979) Ray Rodriguez 417 Teresita Bird. San Francisco 94127 (1980 Margaret O'Grady 303 Mountain View Ave. San Rafael 94901 (1930) CAL-OSH APPEALS BOARD 1006 - 4th St. Sacramento, CA 25S14 916-322-5080 Harold Mitchell, Chairman Cherles Manfred, Member Mark >1. Bowers, Member Bruce Dickerson, M.D. Fairchild Camera and Instrument Corp. 464 Ellis, M/S 7-600 Mountain View, CA 94042 (1982) /^William Donnelly / Lockheed California Co. ( P.O. Box 551 M^Burbank, CA 91520 (19g2), Los Angeles Hearing Office 107 So. Broadway, Room 71 j Los Angeles, CA 90012 213-620-5234 Virginia Botsford, Secretary Robert L. Harvey, Presiding Administrative Law Judge Tern Deaths---cod. Executive Officer H.W. Sherbouma, Aden. Law Judge Robsrc Heron, Chief Counsel August F. Cetti, Adm. Law Judge Irma Haussler, Appeals Assistant Jonah Lobell, Acting in Charge Adm. Law Judge (L.A.) Phyllis (Mrs. Howard) Naese, Secy. Douglas M. Phillips, Adm. Law Judge (L.A.) Kathleen Lazarsky, Secy. Adolph Loeb, Adm. Law Judge (L.A.) Laura L. Felt, Secy. Gerald WLnerman, Adm. Law Judge (L.A.) Ronald Peters, Adm. Law Judge (L.A.) CAL-OSH ADMINISTRATION r 455 Golden Gate Ave., Room 3052 Son Francisco, CA 94102, 415-557-1155 Dorothy II. Fowler, Asst. Program Mgr. Bill Bristol, Safety Coordinator Vernita Davidson, Research Manager DIVISION OF OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION DOSHA Headquaters Unit 455 Golden Gate Ave. San Francisco, CA 94102 415-557-1946 Art Carter, Chief Michael Schneider, Deputy Chief, Safety Unit Richard Wade, PhD, Deputy Chief, Health Unit Robert W. Stranberg, Staff Services Mining and Tunneling, Pressure Vessels, and Elevator? 1390 Market Street San Francisco 94102 Robert Signer, Assistant Chief 415-557-1181 Bureau of Investigations 3: Legal Unit 455 Golden Gate Avenue San Francisco, CA 94102 415-557-2960 John W. Iiawkes, Administrative Chief Legal Unit Staff, North: Dennis O'Toole, Michael Mason, Alison Colgan, Rena Rickies BOI North, H\ Hallidife Plaza, Suite S06 San Francisco, CA 94102, 415-557-3134 BOI and Legal Staff South 34G0 Wilshire Blvd. Los Angeles, CA S0010 213-736-31GS Allan L. Coie Stephen Handin DIVISION OF LABOR STATISTICS AND RESEARCH 455 Golden Gate Ave., San Francisco 94102, 415-557-2 Sara Behman, Chief and Deputy Director o: DIR CAT^OSHA CONSULTATION SERVICE Jean Powers, Assistant Chief Hoiirfqunrters Unit 455 Golden Gate Avenue Sun Francisco, CA 94102 415-557-2S70 F.inmeit Jones, Chief Cliff Erickson, Assistant Chief, Field Operations DIVISION OF LABOR STANDARDS ENFORCEMENT 455 Golden Gate Avc. San Francisco, CA 9-1102, 415-557-3S27 James L. QuLlLin, Chief George Harris, Assistant Chic:, Technical Operations CHEV Cnl-OSHA Reporter BB 010353 stath of California OERaRTmENT of INOUITRIAl RELATIONS OCCUPATIONAL 1006 FOURTH STREET SACRAMENTO. CA 9JB14 (916) 3220640 SAFETY AND HEALTH STANDARDS BOARD EOMUND G. SSCWN JR. Governor NOTICE OF PUBLIC MEETING AND HEARING OF THE OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD AND NOTICE OF PROPOSED CHANGES TO TITLE 8, CALIFORNIA ADMINISTRATIVE CODE AND TITLE 24, CALIFORNIA ADMINISTRATIVE CQOE Notice is hereby given pursuant to the provisions of Section 142.1 of the Labor Code, that the Occupational Safety and Health Standards Board of the State of California has set the time and place hereinafter set forth for a Public Meeting, Public Hearing, and Business Meeting: PUBLIC MEETING: On April 26, 1979, at 10:00 a.m. in Room 1036 of the California State Bui1ding, at 2550 Mariposa Street, Fresno, California. At the Public Meeting, the Board will make time available to receive comments or proposals from interested persons on any item concerning occupational safety or health. PUBLIC HEARING: On April 26, 1979, following the Public Meeting, in Room 1036 of the California State Building at 2550 Mariposa Street, Fresno, California. - At the Public Hearing, the Board will consider the proposed changes noticed below to occupational safety and health regulations in Title 8 and/or Title 24 of the California Administrative Code. BUSINESS MEETING: On April 26, 1979, following the Public Hearing in Room 1036 of the California State Building, at 2550 Mariposa Street, Fresno, California. At the Business Meeting, the Board will conduct its monthly business. In the event it becomes necessary to continue the Public Meeting, Public Hearing, or Business Meeting, the meetings or hearing will be continued on May 3, 1979 at 10:00 a.m. in Room 1036 of the California State Building at 2550 Mariposa Street, Fresno, California. NOTICE OF PROPOSED CHANGES TO TITLE 8 AND TO TITLE 24, CALIFORNIA ADMINISTRATIVE CODE BY THE OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD CHEV BB 010354 Notice is hereby given pursuant to the provisions of Section 142.1 and Section 142.3 of the Labor Code that the Occupational Safety and Health Standards Board will consider the following proposed revisions to the safety orders in Title 8, California Administrative Code and to the Building Standards in Title 24, California Administrative Code, as indicated below, at its Public Hearing on April 26, 1379: PUBLIC. MEETING/HEARING 2- - APRIL 26, 1979 1. TITLE 8: GENERAL INDUSTRY SAFETY ORDERS Proposed revisions tu Sections 3319(a), Fueling; editorial revisions to change the word "motor" to "engine"; 4309(d) and (f), Horizontal Pull Saw, Sometimes referred to as "Contractor's Saw" or "Radial Arm Saw" (Class A), editorial . revisions to (d), repeals subsection (f) regarding lower blade guards; 4924, Load Safety Devices, adds exception for boom-type excavators used exclusively in excavation, pile driving, or log handling from requirement to have load safety device; 5001(d), Signals, editorial revision to delete the phrase "manual hand" signals and refers to these signals as hand signals; 5021(c), Note, Equipment Over Three Tons Rated Capacity, adds a "note" to clarify that the requirement of this section does not apply to backhoes or other bocm-type equipment; 5022(d), Unit Proof Test and Examination of Cranes and Their Accessory Gear, deletes the requirements to examine the clamshell buckets or similar equipment, renumbers remaining requirements; 5025, Certificates, adds cross-reference to include Section 5021 for certificates for operation of crane or derrick; and Plate V, Certificate of Unit Test or Examination of Crane, Derrick'or Other Material Handling Device, editorial revisions to certificates to correspond to proposed changes of Sections 5021, 5022 and 5025, above. 2. TITLE 8: CONSTRUCTION SAFETY ORDERS TITLE 24: PART 2, SASIC BUILDING REGULATIONS Proposed revisions to Title 8, Construction Safety Orders, Section 1528(c), Spraying of Asbestos, repeals subsection (c) regarding the prohibition of spraying of asbestos-containing products on buildings; and proposed adoption of new subsection (c); AND Proposed revisions to Title 24, Section B1750, Spraying of Asbestos, repeals subsection (c) regarding the prohibition of spraying of asbestos-containing products on buildings and proposes adoption of new subsection (c). 3. TITLE 8: GENERAL INDUSTRY SAFETY ORDERS (Asbestos) Proposed revisions to the General Industry Safety Orders, Sections 5208(c), Work Practices, repeals existing subsection (c) and adopts new (c), which retains old provisions and adds new requirements for asbestos-containing products; 5208(g), Monitoring and Recordkeeping, repeals existing subsection (g) and adopts new subsection (g) on same subject to correspond to the Federal standards on these subjects; 5208(i)(l), Caution Labels, Labeling, editorially revises the section for clarity; 5208(j), Medical Examinations, repeals and. adopts Federal language for these requirements effectively removing the action level by which medical surveillance .provisions were initiated, medical surveillance will be required at any exposure level to airborne asbestos; and 5208(1), Reports of Use, revises subsection (I) to reference the new agency name of the Division of Occupational Safety and Health Administration. CHEV BB 010355 PUBLIC MEETING/HEARING -3- APRIL 26, 1979 4. TITLE 8: GENERAL INDUSTRY SAFETY'ORDERS (Carcinogens) Proposed revisions to the General Industry Safety Orders, Section 5209(f)(1), Reports, Carcinogen Operations; clarifies reporting requirements for carcinogen users; additionally requires reporting of the name and address of each place of employment where carcinogens are present and the name and addresses of collective bargaining representatives. 5. TITLE 8: GENERAL INDUSTRY SAFETY OROERS (Employee Exposure to Lead) Proposed revisions to the General Industry Safety Orders to include new Section 5216, Lead; this section establishes requirements for occupational exposures to lead with exemption to construction work and.agricultural operations; Sections 5216(a), Scope and Application; (b), Definitions; (c), Permissible Exposure Limit (PEL); (d), Exposure Monitoring; (e), Methods of Compliance; (f), Respiratory Protection; (g), Protective Work Clothing and Equipment; (h), Housekeeping; (i), Hygiene Facilities and Practices; (j). Medical Surveillance; (k). Medical Removal Protection; (), Employee Information and Training; (mj, Signs; (n), Recordkeeping; (o), Observation of Monitoring; (p), Effective Date; (q). Appendices; and (r). Start-up Oates. Notice is also given that pursuant to Section 106, Chapter 1284, Statutes of 1974, the above orders do not create any obligation for reimbursement by the State to any local agency under Section 2231 of the Revenue and Taxation Code for costs that may be incurred by it in complying with these orders because these orders merely implemen Federal law and regulations. These orders do contain Building Standards, as noted above. A copy of the above proposed changes is available to any interested person from the Occupational Safety and Health Standards Board's Office, 1006 Fourth Street, Third Floor, Sacramento, California 95814. Copies will also be availableat the Public Hearing. Inquiries may be directed to R. T. Rinaldi, Executive Officer at (916) 322-3640. Notice is also given that any interested person may present statements or arguments orally or in writing to these safety orders under consideration, in person or prior thereto in writing. Written comments should be submitted no later than fifteen (15) days prior to the Hearing date. The Occupational Safety and Health Standards Board, upon its own motion or at the instance of .any interested person, may thereafter adept the above proposals substantially .as set forth above without further notice. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BO yd-*- -- C ----t-' we GERALD P. O'HARA, Board Chairman CLator March 1. 1070 CHEV BB 010356 7 ___ . w CAfTT -< < L. i ;.r^i "j c 11**' ..ill vw TITLE 8: CONSTRUCT I Oil SAFETY QP.OERS TITLE 24: PART 2. BASIC BUILD INCTREGULATIONS TITLE 8 SECTION 1528(c) TITLE 24 SECTION 81750. SUBJECT Spraying of Asbestos. Repeals Subsection (c) regarding the prohibition of spraying of asbestos-containing products on buildings; and adopts new Subsection (c). There are building standards contained in this order. Pursuant to Section 106, Chapter 1284, Statutes of 1974, the above orders do not create any obligation for reimbursement by the State to any local agency under Section 2231 of the Revenue and Taxation Code for costs that maj' be incurred by it in complying with these orders because these orders merely implement Federal law and regulations. S\ CHEV BB 010357