Document 3rx0ezkLzENqQQg5RJ9GRzrE

FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE 4, PARAMUS, NJ 07652 February 10, 1984 To: Health and Environmental Affairs Committee Subject: Occupational Safety and Health Administration (OSHA) pro posals on the asbestos standard Enclosed is a copy of the Asbestos Information Association (AIA) notice concerning OSHA's Advisory Committee on Construction Safety and Health comments on their draft proposal on asbestos. This Committee listed certain issues which OSHA should solicit comments on. The AIA notice covers the issues. As of now, it appears that OSHA should be issuing its proposal for rulemaking no earlier than March 1, 1984. When the proposal appears in the Federal Register, I would hope to have copies off to the Committee. At that time, Mr. Riopelle, Chairman, may call a meeting of the Committee so that an Institute response can be prepared. In the meanwhile, the court stay on the Emergency Temporary Standard (ETS) is still in effect. There still have not been any rulings is sued as a result of the January 12 hearing. The foregoing is sent as a matter of information. EWD/e E. W. Drislane Executive Director FMSI-0399 FMSI 02602 January.31, 1984 Construction Advisory Committee Reviews Draft OSHA Proposal On Jan. 11, OSHA's Advisory Committee on Construction Safety and Health met in Washington, DC to review a draft proposal on asbestos. Draft is to be basis of final, permanent asbestos standard that OSHA is required by law to have in place within six months of publication of its emergency temporary standard (ETS). ETS appeared in Federal Register of Nov. 4, but is presently stayed by order of 5th Circuit U.S. Court of Appeals. A hearing on merits of ETS action took place before court on Jan. 12, but as of yet, no ruling has been issued. Draft proposal consists of 84 pages of prefatory discus sion and three pages of regulatory text. Regulatory text is identical to wording of ETS. However, prefatory dis cussion includes list of 19 major issues upon which OSHA will solicit comments in proceedings for promulgation of final standard. These issues, which also formed basis of Advisory Committee discussion, give a good indication of agency's areas of concern, and are as follows: 1. What exposure limits would provide protection of employees against known and suspected workplace hazards of asbestos and what feasi bility limitations exist in setting any given limit. 2. Whether the permissible ceiling limit should be reduced and, if so, what the revised limit should be. What feasibility limitations exist. 3. To what extent, if any, should the standard be modified for workplaces which are of a non-fixed nature or otherwise engage a highly transient workforce, e.g., the construction industry. 4. Whether the changes in the definitions of "asbestos" and "asbestos fiber" would clarify the standard's intended scope, and properly relate to known or suspected workplace hazards; whether specifying the mineralogic ASBESTOS INFORMATION ASSOCIATION 174S .intfersnn Davis Hiahwav. Crystal Square 4, Suite 509 FMSl 02603 T Page 2 definition of asbestos, such as using the term "tremolite asbestos" rather than the current "tremolite," would better define the health hazard. 5. Whether an action-level below the PEL should trigger certain requirements and, if so, which requirements, and what level(s): 6. Whether OSHA should modify the existing medi cal surveillance provisions (29 CFR 19i.0.1001 (j)) to change the frequency of exams, their content, or otherwise. 7. Whether an expanded medical removal program should be provided where, as a result of the medical surveillance program, it is determined that an employee is at an increased risk of material impairment of health from further ex posure to asbestos. 8. Whether and under what circumstances and con ditions it is feasible to reliably measure as bestos concentrations at levels of 0.1 f/cc, 0.2 f/cc and 0.5 f/cc. 9. Whether the evidence cited by OSHA associating asbestos exposure with the following health effects is complete and whether OSHA's Assess ment is scientifically valid". a. Lung Cancer b. Mesothelioma c. Gastrointestinal Cancer d. Asbestosis e. Other Malignant and Nonmalignant Diseases 10. Whether a linear model should be used to extra polate the risks of certified disabling asbes tosis from lifetime exposure levels below 0.5 f/cc: should oHSA quantify risks for other stages of asbestosis and if so, how. 11. Whether OSHA's analysis of the evidence for carcinogenicity and toxicity differentials by asbestos fiber types is appropriate or whether regulatory distinctions should be made for dif ferent asbestos fiber types. 12. Whether OSHA should permit any method of com pliance to reach the new permissible exposure limits after 2 f/cc has been achieved by use of engineering controls or whether it should require the use of engineering and work prac tice controls down to the PEL established in the final standard. FMSI 02604 Page 3 13. Whether proposed procedures for initial and subsequent exposure monitoring are adequate to reliably determine employee exposure to as bestos. 14. Whether provisions for regulated areas are reasonably necessary and appropriate for all covered industries. 15. Whether provisions for hygiene facilities are reasonably necessary and appropriate for all covered industries. 16. Whether the standard should have a delayed ef fective date for any industry sector and, if so, the extent to which a phased schedule for compli ance would be appropriate. 17. What are the environmental impacts of the pro posal . 18. Whether the provisions of the proposed standard, are cost-effective and, if not, how can thev be made cost-effective. 19. Whether OSHA should develop appendices, as it has with other health standards, that give appropriate information concerning the health hazards arising from human exposure to asbestos, substance technical information and medical sur veillance guidelines. Before discussing these issues, Advisory Committee agreed on some preliminary points. These included making no distinctions as to different kinds of asbestos fibers in final standard, and passing a resolution that "OSHA need proceed to immediately develop a separate and different Asbestos Standard for the construction industry." Publication of proposal in Federal Register is expected by mid-February, but may slip some to a later date. Fw\s\ 0265 tr