Document 3rJVJJ4p8zdB46VD3JxX4xKx

FILE NAME Quigley QUIG DATE 1972 Jan 17 DOC QUIG013 DOCUMENT DESCRIPTION OSHA Proposed Rule - Standard for Exposure to Asbestos Dust THE nus Dreyling REFRACTORIES REFRACTORIES REFRACTORIES DiSancher INSTITUTE 3154 ONE OLIVER PLAZA PITTSBURGH PA15222 OFFICE OF THE EXECUTIVE SECRETARY .. January 17 1972 To the Official Representative of Each Member Company in the United States Subject OSHA Proposed Rule Your attention is called to the attached proposed Federal Rule Standard for Exposure to Asbestos Dust Asbestos The proposed exposure is now in effect as a standard is more strict temporary standard than previous standards and Also notice Table G incidentally published here which regarding Silica exposure gives standards Bradford's truly yours Bradford's Tucker S. Assistant Executive Secretary Encl , 09 12376 NN x we . PROPOSED RULE MAKING . i , a 18 4 , a . . . DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 19101 STANDARD FOR EXPOSURE ASBESTOS DUST TO Notice of Proposed Rule Making Section c of the Williams Occupational Safety and Health Act of 1970 84 Stat 1596 29 U.S.C. 655 provides that upon the publication of an emergency temporary standard in the FEDERAL REGISTER the Secretary of Labor shall commence a rule making proceeding in accordance with section b of the Act and that the emergency standard as published shall also serve as a proposed rule for the proceeding An emergency temporary standard concerning exposure to asbestos dust was published in the FEDERAL REGISTER on December 7 1971 36 PR 23207 Accordingly pursuant to section 6 b and c of the Williams Occupational Safety and Health Act of 1970 84 Stat 1593. 1596 29 U.S.C. 655 29 CFR 1910.4 and Secretary of Labor's Order No. 12-71 36 FR 8754 It is hereby proposed to amend 29 CFR Part 1910 as set forth below The proposals include the emergency temporary standard and additional proposed rules on subsidiary issues Interested persons are invited to sub- mit both orally and in writing data views and arguments concerning these proposals Written data views and arguments may be mailed to the Office of Safety and Health Standards Room 305 400 First Street NW Washington DC 20210 within 30 days after the publication of this notice in the FEDERAL REGISTER The data views and arguments will be available for public inspection and copying at the Office of Safety and Health Standards except as to matters the disclosure of which is prohibited by law Oral data views and arguments will received by Hearing Examiner Arthur Goldberg at a hearing beginning at 10 a.m. March 14 1972 in Conference Room B. Departmental Auditorium 14th Street and Constitution Avenue NW Washington DC Persons desiring to ap- pear at the hearing must file with the Office of Safety and Health Standards a notice of intention to appear no later than March 3 1972. The notice must state the name and address of the per- son to appear the capacity in which he will appear and the approximate amount of time required for his presentation The notice must also include or be ac- companied by a statement of the position to be taken with regard to the pro. posed rules The oral proceedings shall be reported Verbatim and transcripts shall be avail able for inspection to any interested per- son on such conditions as the presiding FEDERAL REGISTER VOL 37 NO WEDNESDAY JANUARY 12 1972 09 12377 PROPOSED RULE MAKING -167 hearing hearing examiner may prescribe The examiner shall regulate the course of the oral proceedings dispose of procedural requests objections and similar matters regulate the conduct of those present at the hearing by appro- priate means and shall exclude to the extent practicable irrelevant immaterial and unduly repetitious data or argu- iments The hearing examiner shall have discretion to keep the record of the hear- ing open for a reasonable stated time to receive written recommendations and additional data views and arguments from any person who has participated in the oral proceeding Upon completion of the oral proceedings the transcript thereof together with written submis- sions on the proposed rules exhibits filed during the hearing and any posthearing data views arguments and recommen- dations shall be certified by the hearing examiner to the Assistant Secretary of Labor for Occupational Safety and Health for his decision The Assistant Secretary may adopt the proposals with or without changes or determine not to ' Substance Amorphous Including natural diatomaceous earth Mppet 20 M 80mg paragraph are not feasible or do not re- d uce the concentration of asbestos dust below the limits prescribed in paragraph a of this section the employer shall require the use of respiratory protective Billentes less than 1 crcrys ys taline silica Mien 810 devices The selection of respiratory protective devices shall be limited to those specified in paragraph c of this section ii The employer shall require that Soapstone Portland cement each employee test his respiratory protective device before each use in order Graplute natural to insure a proper fit according to the 2.4mg effective than % Coal dust respirable less than &% 801 manufacturer's instructions The em- ployer shall further provide for For more 10 mg training or supervision of employees in SIO the testing of respiratory protective de- Inert or Nuisance Dust Respirable traction 25 Total 10 5mg 18mg vices for fit before their use c Allowable respirators 1 When Note Conversion factors-- the hour weighted average con- centration of asbestos dust is projected mppelx35.3 million particles per cuble meter = particles per c.c. 1 Millions of particles per cuble foot of air based on inspinger samples counted by light technics The percentage of crystalline silica in the formula fs the amount determined from borne sinples except in those instances in which other methods have to exceed $ fibers longer than 5 microns per milliliter but not to exceed 25 such fibers and when a concentration over a period of 15 minutes exceeds 10 fibers longer than 5 microns per milliliter but been shown to be applicable As by the ^/ltermethod at 430 X phase contrast magnification @ Both concentration and percent quartz for the does not exceed 50 usable or single use tor operating with such fibers a refilter type respira- negative pressure issue a rule Under the authority of section b 1 and section b of the Act the Assist- ant Secretary of Labor for Occupational Safety and Health will request the recommendations of an advisory committee with regard to the proposed rules The committee will be provided with copies of these proposals together with all pertinent factual information which is or may become available to the Assistant Secretary including any infor- mation submitted by the National Institute for Occupational Safety and Health The advisory committee will be asked to submit to the Assistant Secre- tary written recommendations regarding these proposed rules within 45 days after the publication of this notice The recommendations will be available for public inspection and copying No other advisory committee will be consulted with regard to these proposed rules Part 1910 of Title 29 of the Code of Federal Regulations is proposed to be amended as follows 1910.93 Amended 1. Table G in 1910.93 36 F.R. 15104 August 13 1971 is proposed to be amended by deleting the following Asbestos fibers per nulliliter greater than 6 microns in length or 2 Mppel * * Tremolite mg./M 20 mg./M 5 Mppet If so amended Table G would read application of this limit are to be determined from the the fraction passing a selector with the following characteristics Aerodynamic diameter unit density sphere 2 2.5 36 5. 30 Percent passing selector 8283 8283 8283 8283 The measurements under this note refer to the use of Bu AEC Instrument If the respirable fraction of coal dust is determined with a MRE the figure corresponding to that of 2.4 MP in the table for coal dust is 4.5 Mg 2. A new 1910.93a is proposed to be added to Part 1910 reading as follows 1910.93a Asbestos dust a hour weighted average The hour weighted average air- borne concentration of asbestos dust to which employees are exposed shall not exceed 5 fibers longer than 5 microns per milliliter as determined by the mem- brane filter method at 400-450 ^ mag- nification 4 millimeter objective phase contrast illumination Concentrations above 5 fibers per milliliter but not to exceed 10 fibers per milliliter may be permitted up to an hour but for an hour day a total of 15 minutes not more than 5 hours - in in b Methods 01 compliance Engineering methods Engineering methods such as but not limited to en- closure vacuum sweeping and local ex- during the inhalation phase of breathing approved by the U.S. Bureau of Mines under the provisions of 30 CFR Part 14 Bureau of Mines Schedule 218 shall be used 2 When the hour weighted average concentration of asbestos dust is projected to exceed 25 fibers longer than 5 microns per milliliter but not to exceed 250 such fibers and when a con- centration over a period of 15 minutes exceeds 50 fibers longer than 5 microns per milliliter but does not exceed 500 such fibers a powered filter positive pressure respirator approved by the U.S. Bureau of Mines under the provisions of 30 CFR Part 14 Bureau of Mines Sched- ule 21B shall be used 3 When the hour weighted average concentration of asbestos dust is projected to exceed 250 fibers longer than 5 microns per milliliter a type C positive pressure supplied respirator approved by the U.S. Bureau of Mines under the provisions of 30 CFR Part 12 Bureau of Mines Schedule 19B shall be used . 4 The employer shall establish a respirator program in accordance with the requirements of American National Standard Practice for Respiratory Pro- tection Z88.2 1969 5 The respirators provided each employee shall be properly inspected cleaned repaired and stored d Particular operations and prod as follows haust ventilation shall be used to meet ucts 1 When an employer has employ- TABLE MINERAL Dusta the exposure limits prescribed in para- ees who are exposed to asbestos dust re- Substance Mppet M1 graph a of this section Where such engir.cering methods are not feasible or do not reduce the concentrations below sulting from the operations or the use of tools described in the remaining subparagraphs of this paragraph d the Bilica Crystallines Quartz respirable the limits prescribed in paragraph a employer shall comply with the require- 250 n g of this section respiratory protective de- ments of this paragraph The require- Quarts total dust Cristobalite Use from the 80 10 30mg % 510 vices shall be provided and used in accordance with subparagraph 2 of this paragraph 2 Other methods 1 When the ments of all times ments of may also this paragraph shall apply at and in addition the requireparagraph b of this section apply according to the terms value calculated from the count or mass formulae for quartz Tridymile Use 14 the value calculated from the for mulae for quartz limits of exposure to asbestos dust pre- thereof scribed in paragraph a of this section 2 All hand- or operated tools 4 are exceeded and engineering controls which produce asbestos dust such as but required by subparagraph 1 of this not limited to saws scorers abrasive FEDERAL REGISTER VOL 37 NO WEDNESDAY JANUARY 12 1972 0912378 0912378 PROPOSED RULE MAKING wheels and drills shall be provided with Jocal exhaust ventilation and dust col- dust in excesosf the limits specified in paragraph c of this section shall jectors in accordance with the American National Standard Fundamentals Gov- be monitored in accordance with this paragraph erning the Design and Operation of Lo- 1 Method Dust samples shall be col- cal Exhaust Systems ANSI 232 1971lected from within the normal breathing 3 Employees exposed to the spray- zone of the employees in their normal ing of asbestos to the demolition of working posture Employees wearing res- pipes structures or equipment covered piratory protective devices shall have or insulated with asbestos or to the demolition of insulating strippings shall be provided with respiratory protective devices in accordance c 3 of this section with paragraph 4 Asbestos cement mortar coatings the sample taken from a point located on the exterior of the respirator facepiece ii Procedure The sampling procedure shall be such as to permit the determinations required by paragraph a of this section grout and plaster shall be mixed in closed bags or other closed containers 5 Asbestos waste and scrap shalble collected and disposed of in sealed bags or other closed containers 6 Accumulation of asbestos dust shall be removed as soon as practicable and only by vacuum cleaners ill Sampling duration The sampling duration shall be for a period of not less than 15 consecutive minutes iv Sampling frequency Sampling periods shall be of such number and pattern as to represent accurately the exposure of the employees over their working period e Warning signs Posting Warning signs shall be provided and displayed at each location where asbestos dust hazards are present Signs shall be posted at least 50 feet in each direction from the location where the hazard is present and at intervals of not more than 100 feet along each edge of the area where the hazard is present 2 Sign specifications The warning signs shall conform to the requirements for 20 x 14 vertical format signs speci- fied in 1910.145 2 and to this par- agraph The signs shall display the following legend in the white panel with letter sizes and styles of a visibility at least equal to that specified in the nota- tion in the following column to the right Legend Asbestos ......--. wens Dust Hazard Notation " Saps Serif Gothic or Block ... Sans Serif Gothic or 2 ' Environmental Environmental monitoring shall be conducted in all areas in which employees are exposed to concentrations of asbestos dust in excess of the limits specified in paragraph a of this section ) Method Asbestos dust samples shall be collected from areas which are representative of the concentration of airborne asbestos dust which may reach the breathing zone of exposed employees 1 Procedure Sampling procedure shall be such as to permit the determina- tions required by paragraph section : a of this . W Sampling duration Sampling du- ration shall be for a period of not less than 15 consecutive minutes iv Sampling periods shall be frequency Sampling of such number and pattern as to represent accurately the exposure of the employees over their working period g Medical examinations The em- Block ployer shall provide or make available Follow these_ Safety and Health Rules 1. Avold breathing dust ... Gothic " Sans Serif Gothic or Block " Gothic at his cost appropriate medical examinations on a periodic basis to any employee who is exposed to asbestos dust in excess of the limits specified in paragraph a of this section 2. Wear your respirator ...4Gothic h Records 1 Every employer shall maintain records of the personal and 5. Do not remain In area unless your work requires it Asbestos dust may 031250 asbestosis 4 severe lung disease and is implicated in the development of ... Gothic 14 point Gothic environmental monitoring and of the medical examinations required by paragraphs f and g of this section Such records shall 20 years be maintained for at least 2 The records of monitoring shall be made available for inspection and certain cancers Control of exposure to copying to the Secretary of Labor and to his designated representatives asbestos dust protect against hazards helps these 3 Spacing Spacing between lines shall be at least equal to the height of the upper of any two lines except that the spacing between Following these and 3 The records of medical examina- tions shall be made available only to the Secretary of Labor to the Secretary of Health Education and Welfare to designated representatives either of them and at the request of the employee or former employee examined to his Safety and Health Rules shall be at , least f Monitoring- Personal Em- ployees engaged in the particular operations or using the particular tools speci- physician 3. A new 1910.19 is proposed to be added to Subpart B reading as follows 1910.19 Asbestos dust fied in paragraph d of this section or Section 1910.93a shall apply to the ex- exposed to concentrations of asbestos posure of every employee to asbestos dust in every employment and place of em- ployment covered by $ 1910.12 1910.13 - 1910.14 1910.15 or 1910.18 of this Sub- part B. in lieu of any different standard on exposure to asbestos dust which would otherwise be applicable by virtue of any of those sections 7 Sec 6 84 Stat 1693 29 U.S.C. 858 29 CPR 1910.4 Secretary of Labor's Order No. 12 36 F.R. 8754 71 Signed at Washington D.C. this 6th day of January 1972 Q. GUENTHER Assistant Secretary of Labor FR Doc.72-402 Pled 1-11-72 am FEDERAL REGISTER VOL 37 NO WEDNESDAY JANUARY 12 1972 09 12379