Document 3NnrpR67k5ybazG3X3zqRMx2a

K- 53 ^^ February li, 1974 -- Doctor David G. Gillespie Chief of Pulmonary Disease Cleveland Metropolitan General Hosp. 3395 Scranton Rd. Cleveland, Ohio 44109 Dear Dr. Gillespie: After having had much difficulty catching you in the midst of your very busy dchedulc, I vas greatly encouraged by the productivity of our conversation of February 7 and 8. I appreciate your efforts on our behalf and the behalf of our employees. . As I mentioned on the phone we were issued a citation by OSHA for failing to provide annual comprehensive medical examinations to each of our employees engaged in occupations exposed to airborne concentrations of asbestos fibres. They cite 29'CFR 1910.93(a)(j) (3) of the Act which I have blocked out in the enclosure. We have been given until February 22, 1974 to correct this viola tion and thus time is of the essence. If you would, please send me an itemized statement of charges for each of the examination procedures required by the Act. I expect that approximately 30 employees will initially require examination. When your technician is released from his hospital confinement and back on his feet or when you have been sble to make other arrangements, I will schedule employees for examination at your convenience. There will 'be great advantages to us if the entire examination can be handled in one visit. Thank you again for your cooperation in this matter and I await your reply. Very truly yours, Bou)mQ.AJi Retrod, OS DBW/b David B. Woodbury Industrial Relations Mgr FOS-0Q-0O<Zl0032Bfe 1810 y?r 31:5306 REFERENCE FILE LreenC .Vcirno- \ioc;ios .. --..................... umt Jlmsrt.......... . Avoid Drrslhlnt Dust... \\ ear Assignee PfOltcll** equipment. Dj neniAiit In Art's limns You: v.orx Re I" Ssr.s Serif. C o i r. I c or Blocl: -Sam Sen:. Co t r. ie or Dloct. ; " Gothic. Gothic. Gothic. quires It. Bnj-.Iilug Asbestos Dust 14 point Gothic. Mjy Be Hsssrdous To Your llcsltb. Spacing Ociv.-crn- lines shall be at least equal to the height o( the ugeer of any two b.lCS. . . .. ,, ig. Cr.uUr.v. labels-->u Latf::ap. Cau tion labels shall be affixed to all raw mouTiali. mixture;., scr.r.i. waste, debris, and other products containing asbestos fibers, or to thetr containers, except that no ialn-i is required where asbestos libers Itsvc been modified by a binding aatnt. toa:::tf. bincr. or other matertil so that hurt::'' any reasonably foreseeable use. li.mu.air. xiorace. disposal. processing. or iran.-poiTalior.. no airborne concentra tion:. of asbestos Fibers in excess of the exyuturc hums prescribed in paragraph b< of this scution will be released. *n Label specifications. The caution labvis required by .subdivision <tt of this subnarucr.ipii shall be pruned in letters of sufficient size and contrast as to be readily visible and legible. The label shall SUlc: CaUTIOH Cantatas Asbestos Flfccrt ' Breathing Asbestos Dust SZsy Cause Serious Bodily llsrm rli> Housekeeping-->1) Cleonine. All external surfaces in any place of employ ment shall be maintained free of accu mulations of asbeslos fibers if. with their dispersion, there would be an excessive concentration. Or t'.'oslc disposal. Asbestos waste, scrap, debris, bags, containers, equip ment. and asbestos-contaminated cloth ing. consigned lor duqsosal. which may produce in any reasonably foreseeable use. handling, storage, processing, dislio.Ml. or transportation airborne concen trations of asbestos fibers in excess of tlie exposure limits prescribed in paragraph b- of this section shall be collected and tlu.iiOM-tl of in sealed impermeable bags, or oilier closed, impermeable containers. ii A'rcortftrepinp--(11 Exposure rec ords. Every employer shall maintain rec ords o; any personal or environmental monitoring required by this section. Rec ords shall be maintained lor a period oT at least 3 years ana shall be made avail able upon request to the Assistant Secre tary of Labor for Occupational Safety and Health, the Director of the National Institute for Occupational Safety and Healtn. and to authorized representa tives of either. (21 Employee access. Every employee and former employee shall have reason able access to any record required to be maintained by subparagraph (li of this paracraph. which indicates the em- plovew's own exposure to asbeslos fibers. (31 Employee notification. Any em ployee found to have been exposed at any lime to airborne concentrations of asbes- ios libers in execs; of the limits pre>rrtbcd in paragraph -bi of this section nnl! be notified in writing of ihc expo sure as soon as pi.iciicrbie mu not later than 5 days of the finding. The employee shall also be unicly notified of ihc cor rective act ion being taken. (Ji Medical ezannnntions--111 Gen- eral. The emplovcr shall provide or make available at his cost, medical examina tions relative 10 exposure to asbestos re quired bv this paragraph. ill ^replacement. The employer sltall provide or make available to each of his employees, u-iihin 30 calendar days fol lowing his first employment in an oecuuatiou ex Based to -irborne con centrations of asbestos fibers, a compre hensive medical examination, which shall include, as a minimum, a chest rocninenogram < posterior-.-iruerior 14 x 1" n-.chesi. a history to elirll symptomatclogy of respiratory disease, and pulmonary function tests to include forced vital raoaeity (FVC) and lorred expiratory volume at 1 second <FEV..'. 3) Annual ciomina.'ions. On or befoic January 31. 1973. and at least an nually thereafter, every employer shall provide, or make available, comprehen sive medical examinations to eaeh of his employees engaged in occupations ex po ed to airborne concentrations of asbe.uos fibers. Sueh annual examination sli .11 include, as a minimum, a chest roentgenogram ipostenor-anterior 14 x 17 inches), a history to elicit symptom atology of respiratory disease, and pulmonary' function tests to include loiceu vital uapaeity irvC> and fotcvd capumL/ij lu.i*uic At 1 kCwitu 14 j Termination of employment. The employer shall provide, or make avail- ab.e. within 30 calendar days before or after the termination of employment of any employee engaged in an occupation exposed to airborne concentrations of asVrgstos fibers, a comprehensive medical examination which shall include, its a minimum, a chest roentgenogram (pos terior-anterior 14 x 17 inches), a history to elicit symptomatology of respiratory disease, and ptdmonary function tests to include forced vital capacity (FVC> and forced expiratory volume at 1 second (FEVi..). (S> Recent examinations. No medical examination is requited of any em ployee. If adequate records show that the employee has been examined in ac cordance with this paragraph within the past 1-year period. (S) Medical records--Mi Mainte nance. Employers of employee; examined pursuant to tins paragraph shall cause to be maintained coihplele and accurate records of dll such medical examina tions. Records shall be retained by employers for at least 20 years. 'll) Access. The contents of the rec ords of the medical examinations required by this paragraph shall be made available, lor Inspection and copying, to the Assistant Secretary of Labor lor Occupational Safety and Health, the Director of NlOSIl. to auihcrizcci psvsi- ci.ms and medical contulianis oi eitner of them. and. upon the :equcil of an ::npluyec cr former employee, to Ins physi cian. Any physician who eonducls-.a nu-dical examination required by this paragraph shall furmi-h to the employer uf the examined eiitiuuyrv all the mlormailin', emviiivally required by this paragraph, and any other medical In formation rclalcd lo occupational ex posure to asbestos noers. 1910.93b Cue! ler pitch voleiilcs; in* lrrpr-i.*niou of term. As used In $ 1910.93 (Table C-l). coal tnr pileh volatiles include the fused poly cyclic hydrccarbens which volalllize from iho distillation residues of coal, petroleum, wood, and other organic mat ter. 157-1-It 2474V luV.tu.c No,ember 21. 1972| " 1910.93e *1-Niirolii|licnyl. (a) Scope and application. (1) This section applies to any area in which 4-Kitrtuiplic:tvl. Chemical Abstracts Semico Registry Number 92933 is manu factured. processed. repackaged, rclcnsod. handled, or stored, but shall not apply to transrhipment in sealed con tainers; except for Inc labeling require ments under paragraphs (e) (2), (3), and (4) of this section. (2) This scctiar. shall not apply to solid or liquid mixtures containing less than 0.1 percent by weight or volume of 4-Nilrobiphcnyl. (b) Dryinirionj. Tor the purposes of this section: (1) "Absolute Alter" Is one capable of retaining 99.97 percent of a mono dixperse aerosol of 0.3 pm particles. (2) "Authorized employee" means an cmn'oyec whose duties require him lo be lit the usfufAlcd area and who has been snii.'Htd *y * K* fmnJrtjwir, (3) -Clean chance room- means a room where employees put on clean clothing and/or protective equipment in an environment free of 4-Nitrobiphenyl. The dean change room sltall be conll-jusux to and have an entry from a shower room; when the shower room facilities axe otherwise required In this section. (4) "Closed system" means an opera tion Involving 4-Nitrobiphenyl where containment prevents the release of 4KUrobipiicnyl into regulated areas, nonrcculatcd areas, or the external environ ment. (9) "Decontamination" means the in activation of 4-Nitrobiphenyl or its safe disposal. (C) "Director" means the Director. National * Institute for Occupational Safety and Health, or any person di rected by him or the Secretary of Health. Education, and Welfare to act for the Director. (7) "Disposal" means the safe re moval of i-Nitrobiphcnyl from the work environment. (8) "Emergency" means an unforseen circumstance or set of circumstances re sulting In the release of 4-Nltroblphenyl which may result in exposure to or con tact with 4-Nitrobiphenyl. <9i "External environment** means any environment external to regulated and nonregulaled areas. (10) "Isolated system" means a fully enclosed structure other than the vessel of containment of 4-Nitrobiphenyl. which is impervious to the passage of 4Nltrobiphcnyl, and which would prevent Occvpolionol Solely A Health Reporter (Sec. 1910.S3elb)(10)l 4 r^rvyrryrrr i*yyiy T,rv-t'T-riv TTTT'Mr FOS--00--0000003287 1811 iT*ra^ntryvrf f c c f ' b io --