Document 3QwK0dmKvm6a2GgVje5DqnQMD

ruHiiturr o I EXHIBIT DUP-13 1UUS AMD KGUIATTONS 11504 mu 29--Libor = CHAPTER XVII--OCCUPATIONAL SArCTT AND HEALTH ADMINISTRATION* DE PART MENT OF LAIOR PART 1910--OCCUPATIONAL SAPCPT AND HEALTH STANOARDS Stsrxlsrd foe Expoaure ts Ashoctea Pursuant to section* 4(b) and 8(e) of the Occupational Safety and Health Act o( 1970 (84 Stat. 1593. 1591: 29 U.S.C. 455. 657), Secretary of Labor'* Order So. 12-71 (35 TO 8754). and 29 CTO Part 1911. 11910.1001(1X1) of Pan 1910 of Title 29. Code of Federal Regulatlona, 1* hereby emended Is the manner set-forth below. In order to extend the retention period for asbestoa exposure monrtonna record* from three years to twenty years. On December 7. 1971 (38 TO 2J207), OSRA Issued an emerreney temporary standard on asbestoe In resoonse to a pe tition by the Industrial Union Depart ment of the AFU-CIO. pursuant to sec tion 8(e) of the Act (84 Stat. 1598. 29 U.3.C. 855). This emergency ttmporary standard wae designed primarily so Immediately reduce and control occupa tional exposure to asbestoa dust concen trations. and did not contain record keeping procedures. However, on Janu- ry 12. 1972 (57 TO 488), OSHA pub* shed a proposed comprebenaiee stand ard for asbestos exposure which did Include recordkeeping provisions. Para graph (h) (11 of tha propeaal (37 TO 468) provided that expoaurt monitoring records, and records of medical exami nations. be maintained for a period of twenty yean. After public hearings tha Secretary promulgated a new, perma nent OSHA standard for asbestos on Juna 7. 1972 (37 TO 11318). In accordanca with section 6(b) of tha Act (84 Slit. 1593. 29 U.S.C. 855). This new reg ulation. which appeared as 29 CTO 191093a prior to rtcodlficattan. con tained a thrtw-year requirement for re taining exposure monitorln* record*. 29 CTO 19!0J3s(l) (I) (now 29 CTO 1910 1001(1X1)). - On July 27. 1972. pursuant to section 6(f) of the Act. (94 Stat. 1897. 29 UA& 655). a petition for judicial ravlew of th* asbestoa standard was filad with tha United States Court of Appeal* for tha District of Columbia. Th* principal peti tioner*. tha Industrial Union Depart ment. AFL-CIO. objected to several sub stantive portions of the standard, lndud- In* those dealin* with recordkeeping. Th* Court affirmed th* Secretary-* judgments and th* standard'* validity except for two provisions, on* of which was tha retention period for axpoaura monitorln* records. "Industrial Union Department. AFL-CIO v. Hodgson." 499 \ 2d 467 (CAD.C. 1974). The Court JLreeted the Secretary to re-examine tha standard with respect to tha threa-yaar recordkeeptn* provision and to recon sider whether such time period ade quately assured employee protection from aaheatoe-related dlseaaaa. __ In discussm* this issue, the Court noted tha; many of the problems facia* the Secretary in developm* an asbestoa standard were directly attributable to the lack of information concemln* asbestoa-reitted disease*, and particu larly to the lack of reliable data on past exposure levels. Notts* the close func tional relstlanship between medical rec ords and exposure records, and the fact that the stanaard required that medicad records be maintained for at least 20 years, the Court expressed surprise at the short three-year retention period for monnoriac records. After revtewln* the Secretary's oblltation under the Act to require retention of recorda neces sary for tha development of information eoncernmt the causes of disease and th* Importance of exposure data in estab lishing this causal relationship, the Court remanded the reeordkeepin* require ments to the Secretary "for such modifi cation or clarification as may b* neces sary to ensure that the statutory objec tives will be fulfilled'' 499 F. 2d at 481. Pursuant to the Court's direction. OSKA has completed Its review, and has concluded that the opinion expressed by the Court is an accurate reflection of the record, and that the agency* initial Judgment warrants correction. OSRA believes that extension of tha recordkeeping requirement tor expoaure mom torins from three years to twenty years as originally proposed would b* in harmony with the twenty-year retention period now required for employe* medi cal records. 29 CTO 1910.10010X4X1). As tha court noted (499 F. 2d at 489), the two sets of records when read toItther would provide a more complete record of an employee's history of ex posure. a factor vitally Important with respect to asbestoa-related diseases. Tha extended period for retention, with re sultant data accumulation, will be crit ical to medical and scientific mvesttxatlona studyln* such questions as dose- response relationships in diseases caused by occupational exposure to asbeatoa. This decision would also be responsive to the acency't declared concern that tha past inadequacy of health and monitorIn* records have hindered research Into the consequence! of asbeatoa expoaure at tha worxplaca. 37 TO 11318, June 7.1172. Th* Ion* latency periods associated with asbestoa-related diseases, and tha conaequent need for a standard to taka such latency periods Into account, were recofmird by both tha OSKA Advisory Committee on Asbestoa Dust (proceedInft at pp. 103-105. February 17. 1872) and the NIOSH Criteria Document for a Recommended Standard on Asbestos (feneraily chapters I and Q>. In addi tion. testimony by two witnesses at tha OSKA heannss also supported Ion*er re tention periods for exposure monitorln* records (Tr. st 527. 538. March 17. 1972). A consensus of the evidence in the record indicates thst exposure momtortn* rec ords should be held for at least 20 year* in order to make such a requirement meaningful la view of what it leneraQy recognised as the minimum latency pe riod for many asbestoa-related disease*. OSKA is of the view that th* interests of worker health would b* best served by requiring th* retention of expoaure mon itoring records for a period which re flects an appreciation of this recognlaad latency factor. Accordingly, pursuant to the Court s remand for further consideration of the retention period for momionng records, wt have concluded, based on th* exist ing record and for the reasons stated above, that a 20-yaar retention period is supported by th* evidence and nectssary for th* protection of employes. It Is noted that Is a new proposal on ex posure to asbestos (40 TO 47652. October 9. 1975). which reflects the most recent scientific and medical developments in the field, a 40-year retention period (or the duration of employment plus twenty yean) for both expoaure measurement and medical records has been proposed. For the reasons stated above, tha ex posure records provision of th* asbestoa standard will be corrected to require re tention of exposure monitoring records for at least 20 yean, effeetlvt March 19. 1976. OSHA believes that a delay In the effective date of this requirement is not warranted since this rule only requires that affected employers retain records which they have already compiled and therefore does not Impose a new burden of action, and since the Initial three-year retention period for such records has now lapsed and these records might be destroyed. Loss of such records would be Irreparable. Continued access to such records by all concerned Is essential In the public interest, and is an appropriate means of effectuattn* the coals of Im proved worker safety and health under the Act. Good cause is found, therefore, pursuant to section 4(dX3> of the Ad ministrative Procedure Act (5 Uff.C. 553 (d)(3)), for makta* this rule effective. Accordingly, pursuant to the direc tion of the United Elates Court of Ap peals ("Industrial Union Department. AFIv-CIO . Hodgson, supra"), and the above referenced authority, paragraph (1X1) of 29 CTO 1910.1001 Is hercb amended to read as follows: | 1910.1001 Asfeela*. (1) Recordkeeping--(1) Exposure ree ords. Every employer shall maintain ree ords of any personal or environment monitoring required by this section. Rec ords shall be maintained for a period o at least 20 yean and shall ba made avail able upon request to Lht Assistant Sec retary of Labor for Occupational Safet and Health, the Director of the Nation* Institute for Occupational Eafity am Health, and to authorized represents tives of either. (Secs. *. I. Pub. L. I1-S94. as Stas. ISIS. 159 (2* DSC. SM. till: Secretary et Labor- ).Order h*. 12-Tl (3* r *754): 29 C7S Par 1911 Signed at Washington. D.C. this I2tl day of March 1979. Moitow Cox*. Assistant Secretary ol Labor. {PR Doe.l*-ntl rued !-l*-1*:l:M um| DUP 0905063 H098A1 890I6TU. VOC 41. NO. SS--MIOAT. MASCM I*. I*F4 000-lSi