Document 3VYpZpKvv3MoKV5OYoM3dZR3

RULES AND REGULATIONS IIHS Z3--LABIIX Chapter XVII--Occupational Safety and Health Administration, Depart* ment of Labor PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS Standard for Exposure to Asbestos Dust On December 7. 1971, an emergency temporary standard concerning exposure to asbestos fibers was published in the Federal Register <36 P.R. 23207). In ac . eordance with section 6<c>.<3> of the Wllliams-Steiger Occupational Safety and Health Act of 1970, a notice of proposed rulemaking regarding a permanent standard for exposure to asbestos fibers vxespubilshetfin the Federal Recxstex on January 12. 1S72 <37 F.R. 466). The no tice invited interested persons to submit both orally and In writing, data, views, and arguments concerning the proposal. On or about January 24,1972. the Ad visory Committee on Asbestos Dust was tutabllsltcd and requested to make writ ten recommendations with regard to the propcocd standard on asbestos. On or about February 1. 1972, the Department of He-lth. Education, and Welfare trans muted to the Secretary of Labor 'a cri teria document containing Recommenda tory for an Occupational Exposure exposure to asbestos fibers and the ap tandard for Asbestos by the National pearance of adverse biological m.inifes- , nstitutc for Occupational Safety and tationr,, aurh as asbc:.tou;;, lung cancers, ' Icallh (NIOSII). Public notice was given and iiie.Miiliclioma, have given rise to f the receipt of the recommendations controversy as to the valid.ty of the nd their availability for inspection and measuiing techniques used and the relia opying. On or about February 25, 1972, bility of the relations attempted to be ho Advisory Committee ou Asbestos Dust established. Because of the long lapie ubinittcd its written recommendations of time between onset of cxpoiurc sr.d 0 the Assistant Secretary of Labor for biological manifestations, we Lave now Occupational Safety and Health. evidence of the consequences of exposure, Pursuant to the notice of rule making. but we do not have, in ccncral. accurate, 1 hearing was held on March 14 through measures of the levels of cx;/c;uro oc 17,1972, for the purpose of receiving oral curring 20 or 30 years ago, whicn have lata, views, and arguments concerning given rise to these consequences. There he proposed standard. On or about arc also controversies concerning the tfarch 31.1972, the presiding hearing ex relative toxicity of the various kinds of aminer certified to the Assistant Secre asbestos, and varying hazards in dif tary of Labor for Occupational Safety ferent workplaces. and Health the record of the proceeding. It is fair to say that the controversy The record includes prehearing written has centered In the area between a two- comments, a transcript of the oral pres fiber TWA concentration and five-fiber entations made at the heating, and nu TWA concentration, with variations on merous exhibits received during the the time needed for compliance. Many course of the hearing or within the pe employers support a five-fiber TV/A. riod allowed after the close of the Most medical opinion is divided between hearing. a two-fiber standard and a five-fiber The proposed standard dealt with <1) standard. permissible concentrations of asbestos In view of the undisputed grave con fibers: <2) methods of compliance; (3) sequences from exposure to asbestos warning signs; <4> monitoring; (5> med fibers, it is essential that the exposure be ical examinations; and (6) recordkeep regulated now, on the basis of the test ing. Each of these major proposals elic evidence available now, even though i; ited comments, arguments, objections, may not be as good as scientifically de and counterproposals. They all have been sirable. An asbestos standard can be re examined and considered. evaluated In the licht of the results of 1. Acceptable concentrations of asbes ongoing studies, and future studies, but tos dust. The proposed standard would cannot wait for them. Lives of employees limit occupational exposure to' 8-hour arc at stake. ,'time-weiglued average (TWA) airborne It is concluded that there should be [concentrations of asbestos dust not ex one minimum standard of exposure to ceeding five fibers longer than five asbestos applicable to ail workplaces ex micrometers per milliliter. Concentra posed to any kind, or mixture of kinds, tions above five fibers but not to exceed of asbestos. Reasons of practical ad 10 fibers (ceiling concentration) would ministration preclude a variety of stand be permitted up to 15 minutes in an hour, ards for different kinds of asbestos end but for not more than 5 hours in any one of workplaces. Also, while the evidence 8-hour day. tends to show that crocidolite. for in NIOSK in effect has recommended stance. is more harmful than chrysotile. that the five-fiber TWA and 10-fiber the evidence is not sufficient to establish peak concentrations be permitted only separate standards for varieties of for 2 years; thereafter, TWA concentra asbestos. tions should be not more than 2 fibers Because there must be one standard per cubic centimeter (cm.*) of air, and governing exposure to all varieties of peak concentrations should not exceed 10 asbestos, and in workplaces apparently fibers/cm.\ with no time restriction. more hazardous than others; because Numerous objections and counterpro some present employees with regular ex posals have been made, with regard to posure to asbestos Lave p.'ubab'.y al both the limits of asbestos fiber concen ready accumulated great doses of asbes trations and the time periods to comply tos fibers, due to lusher levels of ex with them. Some, for example, have rec posure in the past: because it appears ommended return to a 12-fiber standard that levels of exposure which may cc of an earlier day; i.e., a level adopted safe with regard to asbestosis are not under the Walsh-Healey Public Con- safe.with regard to mesothelioma; be tfaets^Achin 19G9. Others have recoins-' cause the statute requires the protection mended a two-fiber standard to become of every employee, even of one who may effective in 6 months, then a one-fiber have regular exposure to asbestos during standard for 2 years, and finally a zero- a working life which may reach, or even fiber standard after 3 years. These rce- ' exceed, 40 years; and because of several ommendations give a fair indication of other considerations which have been the wide spread of the counterproposals. urged and arc rejected in the record of No one has disputed that exposure to the proceeding, the conflict in the medi asbestos of high enough intensity and cal evidence is resolved m favor of the long enough duration is causally related health of employees. As of July 1, 1572. to asbcst05is and cancers. The dispute is TWA concentrations of asbestos fibers as to the determination of a specific level longer than 5 micrometers will not be below which exposure is safe. Various allowed to exceed two fibers-cc.. with a studies attempting to establish quantita ceiling value of 10 fibcr.v/ce. The current tive relations between specific levels of TWA concentrations of five fibers, and EEOEtAl REGISTER, VOL 37, NO. UOf-WEDNESDAY, JUNE 7, 1*72 .13. t EM002098 RULES AND REGULATIONS 11310 ccilitvt concentrations ot 10 Abers/ce, fibers, so that these would not be released G. Records. The rtandard. ar, pro;.-, -d will be permitted until July 1, 137G, dur in the normal use of the products, .should and as adopted, require.-, mi.inter.ar.ec of ing what will be a transitional period not be required to be labeled: ar.d (2) records of m.cnitor.cg a.-.d cf rr.eai-U deemed necessary to allow employer.-, to words such as "danner" and `'cancer'* are examinations. Most of the controversy in make the needed chances for coming unwarrantedly alarming. this area has revolved around the ques into compliance with the more stringent Both contentions have merit, ar.d the tion whether an employer sh-.u'.d b al standard. standard has been changed accordingly. lowed to have access to ti.c results of The record shows that the many work 4. Monitoring. The proposed standard the required medical examinations. The operations subject to the single asbestos would have required personal monitor apprehension of those who have argued standard (textile, manufacturing, indus ing and environmental monitoring. against employer access Is based or. tr.e trial. and marine installation, etc.) will Many issues have been raised concerning expectation that some employers will u*e meet varying decrees of difficulty in the availability and reliability of meas the medical examinations as a means of complying with the standard. In some uring instruments, frequency of moni screening employment applicants, and plants, extensive redesign and reloca toring. and conditions in which monitor worse, as grounds for discharging current tion of equipment may be needed. It ap ing should be required. The adopted employees, who show signs of being af pears, however, the delay in the effective standard takes the objections into con fected by exposure to asbestos. Str.ee the date of the two-fiber standard will pro sideration. It requires periodic monitor purpose of the medical examinations is vide all employers a reasonable time to ing at intervals no longer than G months, to monitor tiie health of employees ex comply. At the same time, so long ns the thus allowing considerable time and dis posed to the hazards of abestes, em ceiling limit is complied with, no harm cretion, and prescribes the use of the ployees cannot in reason be granted the is reasonably expected to result from ex membrane filter method, which is an ac privilege of refusing to disclore to their posures during the transitional period. ceptable method for determination of employers results cf occupational expo 2. Methods o/ compliance. It has been asbestos fibers. sure. It docs not make sc-nsc to require pointed out by many persons, that pro It has 'also been recommended that employers to provide medical examina tection against asbestos fibers is best employees or their representatives should tions if they cannot know and use the obtained by controlling the generation of have an opportunity to observe the results of the examinations. Far these fibers first, and secondly.*by controlling monitoring. The recommendation has reasons the standard provides that em the dispersion of released fibers into the been accepted. ployers may have a restricted access to ambient air of the workplaces. Therefore, 5. Medical examinations. The pro some medical information. the standard requires feasible techno posed standard would only require an On the other hand, there is no inten logical controls and appropriate work appropriate medical examination on a tion to allow employers to abuse mc-disa! practices as the primary means of com pliance. Rotation of employees as a way of meeting the TWA concentration re quirement is allowed only in stated ex periodic basis. The generality of the pro posal has attracted many objections and also many helpful comments. The recom mendations of NIOSH and of the Advi information obtained pursuant to the Act, to the detriment of employees. Therefore, the administration cf the medical records requirement will be ceptional circumstances, because, as a sory Committee on Asbestos Dust were closely watched, and. in cases of abuse, - general rule, it would be difficult to im plement. Personal protective equipment, such as respirators, cannot be relied upon because, among other reasons, they may be so uncomfortable as to be bur densome, except for short periods of time. Therefore, it is expected that res pirators and sliift rotation will be used much more specific with respect to both frequency and type of medical examina tions to be required. The comments vary as to the class of employees to be ex amined and as to the frequency of the examinations. The adopted standard requires medical examinations both at the beginning and appropriate action will be considered. The issues discussed above are believed to be the major ones. Numerous othrr is sues have been raised in the rulemaking proceedings. Some have been referred to incidentally. Many recommendations, for instance, about work practices, arc so obviously meritorious that their adap-- during the period necessary to install en the termination of employments exposed tion needs no exposition here. Other gineering controls and to train employ to concentrations of asbestos fibers, and recommendations and many objections ees In sound work practices, but. after also requires annual medical examina have not been adopted for a variety of technological compliance has been tions of every employee exposed to air reasons which should be manifest. Sev achieved, their use must be limited to borne concentrations of asbestos. It has eral. for instance, have recommended special work situations and emergencies. Where both are practicable, shift rota tion is required.' 2. Labeling. The proposed standard stopped short of requiring labeling as bestos and asbestos-containing products. been pointed out that in certain indus tries, such as construction, an employee may work for several employers during the same year. Accordingly, the standard does not require either preemployment, or termination, or periodic examinaton the use of respirators only pursuant to a variance, or in eases of emergency and occasional short-term exposures. The recommendation with respect to vari ances undoubtedly has many merits, The proposed standard would have re of any employee who has been examined but is considered administratively im quired only warning signs at locations in accordance with the standard within practical. ' where asbestos hazards arc present. the past year. Accordingly, after consideration of the However, labeling, rather than warning . One question which has been raised signs, has proved to be a point ot con goes to whether the employer or the em troversy. Both NIOSK and the Advisory ployee should be allowed to choose the Committee on Asbestos Dust recom examining physician. The standard mended labels for .asbestos, products and gives the option'ter'-t-he employer. Since whole record of the proceeding, and pursuant to sections 6 and (c) and. 8(c) of the Williams-Stciger Occupa tional Safety-and'Freaitn Act of 1370 (E4 containers, and these recommendations some employers already have a medical Slat. 1533. 150G. 1503; 23 U.S.C. CiS. became very controversial in the course examination program m operation, and, 657), 23 CFR 1310.4. and to Secretary of of the proceeding. .Many counterpro proposals have been made as to the lan guage of the warning as well as to the products to be subject to the labeling requirements. Employers, in ccneral, also, have medical departments with some expertise in the diagnosis of abestos-rela:ed diseases, it seems more reasonable to permit them to utilize the present programs and expertise, than to labor's Order No. 12-71 (30 FH. 3754). Part 1310 of Title 23 of the Code of Fed eral Regulations is amended as set forth below. strongly contend that (1) finished prod permit an employee to choose a private ` (1) Section 1310.93 Is amended by re ucts which effectively entrap asbestos general practitioner. .' vising Table 0-3 to read as follows: *002099 KOHAl MOUTH. VOL 37, NO. 110--WEDNESDAY, JUNE 7, 1*72 14 i * 11320- RULES AND REGULATIONS 1910*03 Air contaminant*. ' TaHIC O-3-MlKKtAl DV*Tt Futuunc* MpiwE fiilhu! co'fonutK *irtl SSIO.+E SlOt+2 9fliug/M* %aiOi+s value calculated from lit* cvuut or uu9 formulae for cuiutt. TrMyr.tltc: Vse IJthevoIua fa'.ruliTod from the Sof titular lor quarts. AmonMvotn. including natural dUtouuwcous earth............... . UlilcnUw Otu than 1% cry** UUmc silica): Mien.................................. ... feMputOIW......... ' Talc....................... . Graphite (natural)............. . Coot dust (ivsph.ihle fraction k* ttuu tfiOd................. Tor more then 1% SlOi........ InnI er Ktibnncr Dust: Kr.plr.iblt (ruction......... Tout dust.................. WinpAt* Trfio. 90 20 90 10 u 2.4mg/M* or lOuig/M1 %S10r+9 u ftmp/M* 10 Umg/U' Note: Conversion factor*-- tnpj<fXi54-mii:io;i particle* per cubic meter m parUcU*.* per e.e. f Mutton* of particles per cubic foot of air, based on Impmsrr sample* counted by MtW'irld technic*. < The percentage of crystalline silica in Uto formula t* the amount determined from otr*borno samples, except In those Instance* (u which other method# have l*cvt: shown to he applicable. * A* determined by the membrane filter method at <90 X phase contrast magnification. Iloth concentration and percent quarts for tho application of tin* limit are to bo determined from the fraction passing a aisc-Klector with the following chanctcnsUcs: . Aerodynamic diameter (unit density sphere) Tetcent passing selector 1. n90 X* ' M 9ft u 9 The measurements under this note refer U the uoe of aCnunAt IKt Cdetheurmtriunmedewnti.th1:a the rriplnbli fraction ot coal MREUie ficura corresponding to thAt of U MjAi4 in the table for coal dust U 44 Wg/M, 2. A new 11910.93* Is added to Part 1910, reading as follows: 1910.93a Abeb>, (a) Definitions. For the purpose of this section, (1) "Asbestos" Includes chrysotilc. arr.osite. crocidoKte, tremoytft.-inthophyllite, and actinollte. **" - - - (2) "Asbestos fibers" means asbestos fibers longer than 5 micrometers. <b) Permissible exposure to airborne concentrations of asbestos fibers--(l) Standard effective July 7. 1972. The 8-hour time-weighted average airborne concentrations of asbestos . fibers to which any employee may be 'exposed shall not exceed five fibers, longer than 5 micrometers, per cubic centimeter of air. as determined by the method pre scribed in paragraph (e) of this section. (2) Standard effective July 1. 1976. The 8-hour timc-wcichted average airbone concentrations of asbestos fibers to which any employee may be exposed shall not exceed two fibers, longer than 5 micrometers, per cubic ccnliiiicicr of air. as determined by the method pro scribed in paragraph (r) of this :-cciion. <3> Ceding concentration. No em ployee shall be cxjioscd at any time to nirbomo concentrations of asbestos fibers in excess of 10 fibers, longer Ilian 5 micrometers, per cubic centimeter of air, ns determined by the method pre scribed in paragraph (c) of this section. (c) Methods of compliance--(1) En gineering methods. Engineering con trols. Engineering controls, such os, but not limited to. isolation, enclosure, ex haust ventilation, and dust collection, shall be used to meet the exposure limits prescribed In paragraph (b) of this section. . (ii) Local exhaust ventilation, (a) local exhaust ventilation and dust col lection systems shall be designed, con structed, Installed, and maintained in accordance with the American National Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems, ANSI Z9.2-1971, which is in corporated by reference herein. (b) See i 1910.6 concerning the avail ability of ANSI Z9.2-1971, and the maintenance of a historic file in connec tion therewith. The address of the Amer ican National Standards Institute is given in i 1910.100. (lil> Particular tools. All hand-op erated and power-operated tools which may produce or release asbestos fibers in excess of the exposure limits pre scribed in paragraph <b) of this section, such ns. but not limited to. saws, scorers, abrasive wheels, and drills, shall be pro vided with local exhaust ventilation sys tems In accordance with subdivision <ii> of this subparagraph. <2) Work practices--(1) V/ct methods. Insofar as practicable, asbestos shall be handled, mixed, applied, removed, cut. scored, or otherwise worked in a wet state sufficient to prevent the emission of airborne fibers in excess of the ex posure limits prescribed in paragraph <b) of this section, unless the usefulness of the product would be diminished thereby. (il) Particular products and opera tions. No asbestos cement, mortar, coat ing, grout, plaster, or similar material containing asbestos shall be removed from bags, cartons, or other containers in which they are shipped, without being either wetted, or enclosed, or ventilated sc as to prevent effectively thercleaser of airborne asbestos fibers in excess of the limits prescribed in paragraph <b) of this section. fill) Spraying, demolition, or removal. Employees engaged in the spraying of asbestos, the removal, or demolition of pipes, structures, or equipment covered or insulated with asbestos, and in the removal or demolition of asbestos in sulation or coverings shall be provided with respiratory equipment in accord ance with paragraph (d) (2) (iii) of this section and with special clothing in ac cordance with paragraph <d) (3) of this section. . (U) Pcrsonul protertive equipment__ (1) Compliance v/ith the cxpc.urc limits preambl'd by paragraph During the time reriod necessary to in-itall the engineering controls and to institute the work practices required by paragraph fc> of tins section: (it) In work situations in which the methods prescribed In paragraph (e> of this section arc either technically not feasible or feasible to an extent insuffi cient to reduce the airborne concentra tions of asbestos fibers below the limits prescribed by paragraph (b) of this section: or (iii) In emergencies. (iv) Where both respirators and per sonnel rotation are allowed b7 subdivi sions (i). (ii). or (iii) of thLs subpara graph. and both are practicable, person nel rotation shall be preferred and used. (2) Where a respirator is permitted by subparagraph (1) of this paragraph, it shall be selected from among those ap proved by the Bureau of Mines. Depart ment of the Interior, or the National In stitute for Occupational Safetv and Health. Department of Health. Educa tion. and Welfare, und-r the provisions of 30 CFR Part 11 (37 F.R. 6244. Mar. 25. 1972), and shall be used in accordance with subdivisions (P, (ii), (iii), and (iv)' of this subparagraph. (i) . Air puri/y'nq resp'rators. A reusa ble or single ure air runfvjng respirator, or a respirator described in subdivision (ii) or (iii) of this subparagraph, shall be used to reduce the concentrations of airborne asbestos fibers in the respirator below the exposure limits prescribed in paragraph <b) of this section, when the ceiling or the 8-hour time-weighted aver age airborne conc-ntrations of asbestos fibers arc reasonablv expected to exceed no more than 10 times those limits. (ii) Powered air purifying respirators. A full facepiece powered air purifying respirator, or a powered air purifying respirator, or a respirator described in subdivision (iii) of this subparagraph, shall be used to reduce the concentra tions of airborne asbestos fibers in the respirator below the exrosure limits pre scribed in paragraph (b) of this section, when the ceiling or the 8-hour time- weighted average concentrations of asbestos fibers arc reasonably expected to exceed 10 times, but not 100 times, those limits. ,, .. . (iii) Type"C"supplied-eir respirators, continuous flow or pressure-demand class. A type "C" continuous flow or pres sure-demand. supp'.icd-air respirator shall be used to reduce the concentra tions of airborne asbestos fibers in the respirator below the cxposu.-c limits pro-. scribed in paragraph (b) of this section, when tiic ceiling or the 8-liour iimeweichted average airborne concentra tions of asbestos fibers are reasonably expected to exceed 100 times those limits. (iv) Establishment of a respirator pro gram. ta) The employer shall establish a respirator program in accordance with FEDEKAl (EGimt, VOL 37, NO. 110--WEDNESDAY, JUNE 7, 1972 . is. EH002100 RULES AND REGULATIONS 11021 the requirements of the American Na tional Standards Practices for lle.iptra- where asbestos fibers are released to be monitored in such a way as to cictrniiinc .subpara-rajih !.liall cr.nfonr. to quirement-. of 20" x l !" vertical re tory Proloetton, ANSI Zs.vU-lOoO. which is incov'ior.ucd by rciVmifc herein. b. See 51010,a concerning the avail ability of ANSI 233.2-1009 and the main whether every employee's exposure to asbestos fibers is below the limit.; pre scribed in paragraph of tin.; sec tion. If the limits arc exceeded, the em Man:. .'.per.fied ,n j 1310.1 -VI<d to this .'.ui.f.'i'.vio.i. Tr.'i tl.-- play the following legend :n the lower panel, with letter sizes and tti '.t.i of tenance of an historic file in connection ployer shall immediately undertake a visibility at least equal to that ipci.f.td therewith. The address of the American compliance program in accordance with in this subdivision. National Standards Institute Is civen in 11910.100. tc> No employee shall be assisned to tasks requiring the use ot respirators if, paragraph (c) of this section. (2) Personal monitoring--til Sam ples shall be collected from within the breathing zone of the employees, on legend Asbestos ................ Atrillion Sans Serif. Gothic or Block. based upon his most recent examination, membrane filters of 0.8 micrometer po- Dust Hazard.__ ........ *4" Sar.s Serb. an examining physician determines that the employee will be unable to function normally wearing a respirator, or that the safety or health of the employee or other employees will be impaired by hisuse of a respirator. Such employee shall be rotated to another job or given the rossity mounted in an open-face filter holder. Samples shall be taken for the determination of the 8-hour lime- weighted average airborne concentra tions and of the ceiling concentrations of asbestos fibers. <ii> Sampling frequency and patterns. Avoid Breathing Dust... Wear Assigned Prcitcctlv* Equipment. Do Not Remain In Area Unless Your Work Re quires It. Gothic Block. U" Gothic. V Oolite. V Gothic. or opportunity to transfer to a different po After the initial determinations required Breathing Asbestos Dust 14 point Gothic. sition whose duties he is able to perform by subparagraph (1) of tliis paragraph, witli the same employer, in the same geo samples shall be of such frequency and May Be Hazardous To Your Healtp. graphical area and with the same senior pattern as to represent with reasonable Spacing between lines shail be at least ity. status, and rate of pay he had just prior to such transfer, if such a diiTcrcnt position Is available. accuracy the levels of exposure of em ployees. In no case shail the sampling be done at intervals greater than 6 months equal to the height of the upper of any two lines. ' (2) Caution labels-- (i> Labeling. Cau (3) Special clothing: The employer for employees whose exposure to asbestos tion labels shall be affixed to all raw shall provide, and require the use of. spe may reasonably be foreseen to exceed materials, mixtures, scrap, waste, clt-crts. cial clothing, such as coveralls or similar the limits prescribed by paragraph tb> . and other products containing asbeates whole body clothing, head coverings. Cloves, and foot coverings for any em of this section. <3> Environmental monitoring--(l) ' fibers, or to their containers, except :h_; no label is required where asbestos fibers ployee exposed to airborne concentra tions of asbestos fibers, which exceed the samples shall be collected from areas of a work environment which are represent have been modified by a concur.; a;er.t. coating, binder, or other material so that ceiling level prescribed in paragraph tb> of tlris section. ative of the airborne concentrations of asbestos fibers which may reach the during any reasonably foreseeable tise. handling, storage, disposal, processing, cr (4) Change rooms: O) At any fixed place of employment exposed to airborne concentrations of asbestos fibers in ex cess of the exposure limits prescribed in breathing zone of employees. Samples shall be collected on a membrane filter of 0.8 micrometer porosity mounted in an open-face filter holder. Samples shall transportation, no airborne concentra tions of asbestos fibers tn excess of the exposure limits prescribed in paragraph (b> of this section will oe released. paragraph (b) of this section, the em ployer shall provide change rooms for employees working regularly at the place. (ii> Clothes lockers: The employer shall provide two separate lockers or con tainers for each employee, so separated or isolated os to prevent contamination be taken for the determination of the 8hour time-weighted average airborne concentrations and of the ceiling con centrations of asbestos fibers. (ill Sampling frequency and patterns. After the initial determinations required by subparagraph (1) of this paragraph, (ii) Label specifications. The catiticn labels required by susdivision <:/ of this subparagraph shall be printed in letters of sufficient size and ccr.trast as to :-s readily visible and legible. The label shall state: Caution- , of the employee's street clothes from his samples shall be of such frequency and' work clothes. pattern as to represent with reasonable Contains Asbestos Fibers (iji) Laundering: (a) Laundering of accuracy the levels of exposure of the - Avoid Creatls; Dust asbestos contaminated clothing shall be employees. In no case shall sampling be done so as to prevent the release of air at intervals greater than 6 months for Breathing Asbestos Dust May Cause Serious BodUy Kara borne asbestos fibers in excess of the ex employees whose exposures to asbestos (h) Housekeeping--(1) Cleaning. All posure limits prescribed in paragraph (b) may reasonably be foreseen to exceed external surfaces in any place of employ, of this section. - the exposure limits prescribed in para ment shall be ir.atntstr.ed free cf accu Any employer who gives asbestos- graph (b) of this section. ' mulations of asbestos fibers :f. with the:r contaminated clothing to another person (4) Employee observation of monitor dispersion, there would be an excessive for laundering shall inform such person ing. Affected employees, or their rep concentration. of the requirement in (a) of this subdi vision to effectively prevent the release of airborne asbestos fibers in excess of the exposure limits prescribed in para graph (b) ot this section. (e) Contaminated clothing shall be transported in sealed impermeable bags, or other closed. Impermeable containers, and labeled in accordance with para graph (g> of this section. resentatives. shall be given a reasonable opportunity to observe any monitoring required by this paragraph and shall have access to the records thereof. - (2) Waste disposel. Asbestos waste, scrap, debr.s. bags, containers, equip ment. and asbestos-contaminated cloth ing, consigned for disposal, which may (g) Caution signs and labels. (1) Cau produce in any reasonably foreseeable tion signs, (ii Posting. Caution signs use. handling, storage, proce.-sir.t. d.s- shall be provided and displayed at each posal. or transportation airborne concen location where airborne concentrations* trations of asbestos fibers .n excess of the Of asbestos fibers may be in excess of the exposure limits prescribed-in paracrapn exposure limits prescribed in paragraph <b) of this section shall be collected and (e) Method of measurement. All de (b) of this section. Signs shall be posted disposed of m seated impermeable bars, terminations of airborne concentrations at such a distance from such a location or other dosed, impermeable containers. of asbestos fibers shall be made by the so that an employee may read the signs (i) Recordkeeping--it) Exposure rec membrane filter methbd at 400-430 X and take necessary protective steps be ords. Every employer shall maintain rec (magnification) (4 millimeter objective) with phase contrast illumination. (f) Monitoring--(1) Initial determi- nations. Within 6 months.of the publi fore entering the area marked by the signs. Signs shall be posted at all ap proaches to areas containing excessive concentrations of airborne asbestos fibers. ords of any personal or environmental monitoring required by tins section, fleeords shall be maintained for ;t period of at least 3 years and shall be mode avail able upon request to the .'..-.u-xutt S.ere- cation of this section, every employer <U) Sign specifications. The warning tary of Labor for Occupational Safi:? shall cause every place of employment signs required by subdivision (i) of this and Health, the Director of Use National EM002101 FEDERAL REGISTER, VOL 37, NO. 110---WEDNESDAY, JUNE 7, 1*72, 11S22 RULES AND REGULATIONS Institute for Occupational Safety and tions. Records shall be retained by Instruct inn section ha:. W:; r.\,-'d ,,<> Health. and to authorized representa employers for at least 30 years. continr.ly. Minor Cthlotlul .ii.i:;;.i-.. i..c.'c tive* of either. li) Access. The contents of the rec ab n 1,. m n.iuic. t; ;>.\v.ve access. Every employee ords of the medical examinations 1. tifCUull 3-1.101 (*;; of - u tj'.ur1,1; r.r.d former employee shall have reason* required by this paragraph shall be made revised to read as follows: able access to any record required to be maintained by subpArnrraph (1) of this available, for inspection anil copyiui;, to the Assistant Secretary of Labor for 9--1.101 Srttpe ft-ttl.fturi. paragraph. which indirates the cm* Occupational Safely and Health, the This subpart describes ti.c Atoxic ployee's own exposure to asbestos fibers. Director of NtOSlf, to authorized physi Energy Con;tm;-.ion Piocurcmcr.t it. "il t3) Employee notification. Any em cians and medical consultants of cither lations and tile AECPR Temporary Reg ployee found to have been oxi>oscd at any of them, and. upon llic request of an em ulations. It also de:crib's exelu-.;o:,s time to airborne concentrations of asbes ployee or former employee, to his physi from the AECPR as cont;..r.ed in thci tos fibers in excess of the limits pre cian. Any physician who conducts a AEC Procurement Instmciions. scribed in paragraph of this section medical examination required by this 2. Section 9-1.102 Euab'.i-.hmcnt of shall be notified in writing of the expo paragraph shall furnish to the employer AEC Procurement Reputations, u revised sure as soon as practicable but not later of tire examined employee all the infor to read as follows: titan S days of the finding. The employee shall also be timely notified of the cor rective action bciii; taken. ij> Medical examinations--(1) Gen eral. The employer shall provide or make available at his cost, medical examina mation specifically required by this paragraph, and any other medical in formation related to occupational ex posure to asbestos fibers. 3. A new f 1910.19 is added to Subpart 9--1.102 IhlaiilMiiiirnt of the APC 1'rornrriiirnl lti-gubaiium and tl.c Altdl'lt Temporary Ih'^ulah(i:i. 5 9--1.102--1 AIvC Procurement l!t--ula- linns. tions relative to exposure to asbestos re 8 of Part 1910, readin; as follows: (a) The AEC Procurement Regula quired by this paragraph. (2) Prcplaccmeni. The employer shall provide or make available to each of his employees, within 30 calendar days fol lowing his first employment in an occupation exposed to r.irborne con centrations of asbestos fibers, a compre hensive medical examination, which shall include, as a minimum, a chest roent genogram (posterior-anterior 14 x 17 Inches), a history to elicit symptom S 1910.19 Al>e*io lu-i. Section 1910.93a shall apply to the ex posure of every employee to asbestos dust In every employment and place of employment covered by 11910.12, 3 1910.13, i 1910.14, } 1910.15. or 11910.16, in lieu of any different standard on ex posure to asbestos dust which would otherwise be applicable by virtue of any of those sections. tions (AECPR) arc hereby established. (b) These regulations implement and supplement the Federal Procurement Regulations (FPR) and are a part c! the Federal Procurement Regulations System. (c> The effective date of-FPR issu ances throughout AEC will be the date indicated in the respective issuances un less otherwise provided in the AEC Pro curement Regulations. atology of respiratory disease, and Effective date. Paragraph (b)(2) of (d) The effective date of AECPR. is pulmonaiy function tests to include i 1910.93a shall become elective July 1, suances throughout AEC will be the date forced vital capacity (FVC) and forced 1978. All other provisions of 131919.93a, indicated in the respective issuances. expiratory volume at 1 second (FEV,,). (3) Annual examinations. On or be fore January 31, 1073, and at least an 1910.93, and 1910.19 shall become effec tive July 7,1972. The current emergency temporary standard remains in effect 9-1.102-2 lation?. AFCPfl Temporary Regu nually thereafter, every employer shall until July 7, 1972. (a) The AECPR Temporary Regula provide, or make available, comprehen (Sees. e. a. 84 Stst. 1593. 1598; 29 tLS.C. 655. sive medical examinations to each of his 657; 39 CrR 1910.4; Secretary of Labor's tions arc hereby established. (b> These regulations implement ar.d employees engaged in occupations ex Order So. 13-71, 36 ML 6754) supplement the Federal Procurement posed to airborne concentrations of as bestos fibers. Such annual examination shall include, as a minimum, a chest Signed at Washington, D.C., this 2d day of June 1972. Regulations Temporary Regulations. They also contain policies ar.d proce dures initiated by the AEC which are roentgenogram (posterior-anterior 14 x O. C. Guenther, expected to be effective for a period of 17 inches), a history to elicit symptom Assistant Secretary of Labor. 6 months or less. atology of respiratory disease, and pulmonary function tests to include ira Doe.73-4674 rued 8-6-73:6:48 am] (c> The effective date of the FPR Temporary Regulations issuances forced vital capacity (FVC) and forced throughout AEC will be the cate indi expiratory volume at 1 second (FEVi.). cated in the respective issuances unless (4) Termination of employment. The employer shall provide, or make avail able, within 30 calendar days before or after the termination of employment of any employee encased in an occupation exposed to airborne concentrations of asbestos fibers, a comprehensive medical examination which shall include, as a minimum, a chest roentgenogram.. <pos terior-anterior 14 x 17 inches), a history to elicit sympiomatolosy of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second Title 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT Chapter 9--Atomic Energy Commission PART 9-1---GENERAL . Subpart 9-1.1--Procurement Regulations Miscellaneous Amendments The changes made in AECPR Subpart otherwise provided in the AZCPR Tem porary Regulations. (d> The effective date of the AECPR Temporary Regulations issuances throughout AEC will be the cate indi cated in the respective issuances. (e) The AECPR Temporary Regula tions arc a part of the AEC Procurement Regulations and the Federal Procure ment Regulations System. All references to the AEC Procurement Regulations or AECPR in 4$ 9-1.103 through 5-1.109 of this subpart shall be deemed to include the AECPR temporary regulations. <E3V,.>. 9-1.1, Procurement Regulations, have 3. Section 9-1.103 Authority, is revised (5) Recent examinations. No medical been made in order to establish the to read as follows: examination is required of any em ployee, if adequate records show that AECPR Temporary Regulations, which are a part of the AF.C Procurement Reg 9-1-103 Authority. the employee has been examined in ac ulations and the Federal Procurement The AEC Procurement Rerelations arc cordance with this paracraph within the Regulations System. The AECPR Tem prescribed by the General Manager. As past 1-year period. porary Regulations implement and sup sistant General Manx :cr for Admuv.'tra- (C) Medical records--(1) Mainte plement the FPR Temporary Regula tion. or the Director. Division of Con nance. Employers of employees examined tions. They also contain policies and tracts of the AEC. pur.-.uant to the au pursuant to this paragraph shall cause procedures initiated by the AEC which thority of the Atomic Energy Act ot IPi-S. to lie maintained complete and accurate arc to be effective for a period of 8 and the Federal Prepeny and Adminis records of all such medical examina months or less. The AEC Procurement trative Services Act of 19-19. rtoEgAt register, vol r, no. no--wedncsdat, jun* r. im 17* EMO 02102