Document 4a7J9qz66rM6zVxbR1q17g28j

OsttA 7; Ic. K- 32 rV *6 7/ February li., 1974 ~ Doctor David G. Gillespie Chief of Pulmonary Disease __ Cleveland Metropolitan General Hoap. 3395 Scranton Rd. Cleveland, Ohio 44109 _ Dear Dr. Gillespie: -- After having had much difficulty catching you in the midst of your very busy dchedule, I was greatly encouraged by the productivity of our conversation of' February 7 and 8. 1 appreciate your efforts on our behalf and the behalf of our employees. . As I mentioned on the phone ve were Issued a citation by OSHA for falling to provide annual comprehensive medical examinations to each of our employees engaged in occupations exposed to airborne concentrations of asbestos fibres. They cite 29CFR 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* cion 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 chat approximately 30 employees will initially require examination. When your technician la released from his hospital confinement and back on his feet or when you have been able to make other arrangements, I will schedule employees for eagpinatlon 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. tC.,, rfl- bl*l.(LToA' 02 DBW/b e>P J-0 &><. David B. Woodbury Industrial Relations Mgr. FOSECO 1681 FOS--0--,02)0fc323b 31:5306 REFERENCE FILE Lr9t*C .vetsMo* 10$ ftocr$ m c\cc$' of hmus prr- ................... ......... f Sr.i S.rlf. srnbert in paragraph -oi o.` Ihir .-rc'.ion C o t r. t c or uni: Ur nonfirr. m nrma; o', tlic vm;o- uutl naxarfi Avoid Dr^ftthtng Dusl... wear Asitjncd Protective Di'jipmr nt. Dj !.*: Hrmum In A roe Vnifu You: Worn Re quires H. Ori-n'.hin? Aibettos Dust Oioci: Iim Se.-.l. C e t r. i c or Diocr. Co'.Mc. >; ' Gotnie. V Gciaie. 14 point Gothle. jure a* ioun at pr.tctieru.'c mu not latrr than 3 cays ol the lnuli.-iu. Tnr entnlovee shall also be timely notified ol the cor- rertive acnon brine taken. tji Medical rjnminnlions--11) Gen eral. Tlic employer shall provide or make available vt h:s cost, medical examina tions relative lo exposure to asbestos re quired by tins paragraph. i?> freplecemem. The employer shall UHy Bf Haiordous To provide or make available to each of his Your MtUb. employees, u-nhtn 30 calendar days fol Smcins between-lines shall be at least lowing his first employment in an ceuul to me height of the upper of any oecuoatlon exposed lo -Jrbornc con two '.i.ICS. _ ij' Cr.u:it>n labels-- (|i tebf.'tap. Cau tion label.- Slii.ll be affixed to all raw nt:u-n..ls, mixtures. scran, waste, del-rts. and other products coma in La; asbestos libers. or to tlic.-r container:, except that no ialK-i in required where atUitoi fibers hive been medified by a bonding agent, coatinc. bnuiT. or other material so that ciwrt::any rearonaoly foresceabi: use. li.mo.air. storage. disposal, processing. or transportation, no airborne eonccntra- t:on:. of asbestos fibers in excess of the exposure hums prescribed in paragraph b> of this section trill be released. ii Lr.nrl speci/icaiions. The caution iiibvis required by subdivision 'll of litis subnarueranii .vital) be printed in letters of sufficient size and contrast u to be readily visible and lecible. The label shall centrations ol asbestos fiber:, a compre hensive medical rtniiiunaiton. which shall include, as a minimum, a chest roent genogram i-ostenor-.-interior U x 17 inches], a history to elirll symptom atology of respiratory disease, and pulmonary function lexis to include forced vital rapacity <FVC> and forced expiratory volume at J second trsv,.'. -3i Aiinunf erominchonx. On or beloir January 31. 1373. and at least an nually thereafter, every employer shall provide, or make available, comprehen sive medical examinations to each of his employees engaged in occupations ex po cd to airborne concentrations of asbc.itos fibers. Such annual examination sit Ul include, as a minimum, -a chest roentgenogram <posterior-anterior H z 17 Inches), a history to elicit symptom atology of respiratory disease, and pulmonary function tests lo include Car.tatai Axatsies risen joleva vital capaeuy irrC> *>i io.ceq VA***U*d / W4U(ll< k* * icCCsiu ****/ Bmunn; Asbestos Dual May Cause Hi Termination ol employment. The Serious DoOlty lurm employer shall provide, or make avail- 'li- Housekeeping--11) droning. All ab.e. within 30 calendar days before or external surfaces in any place ol employ after the termination of employment of ment shall be maintained tree ol accu any employee engazed m an occupation mulations of asbestos fibers if. with their exposed to airborne concentrations of dispersion, there would be an excessive asbestos fibers, a comprehensive medical concentration. examination which shall Ineluoe. ns a <3< ll'esle disposal. Asbestos waste, minimum, a chess roentgenogram (pos scrap, debits, bags, containers, equip- terior-anterior 14 x 17 inches), a history mciiL. and asbestos-contaminated cloth- to elicit symptomatology of respiratory lnc. consigned for disi>osal. which may disease, and pulmonary lunction trr.ts produee in any reasonably foreseeable lo include lorccd vital capacity cfVC> use. handling, storage, processing. di- and lorccd expiratory volume l I second poul. or transportation airborne concen (FEV.,.). trations of asbestos fioers in excess of the 'S' accent cznmmni:ons. No me-ltcal exposure hniits prescribed in paragraph examination Is requited of any em b - of this section shall by c^gcwd and ployee. if adequate records show that dir.po.-u-d of in sealed impenneaWt Bags, the employee has been examined in ac or oilier closed. Impermeable containers. cordance with mis paragraph within the u- KrcorCkrcpmp--ill exposure rec past I-year period. ord;. Every employer shall maintain rec ords o: any persona) or environmental monitoring reoutred by this section. Rec ords shall be maintained lor a period oT at licit 3 years ana shall be made avail able upon request to the Assistant Secretor-' of Labor lor Occupational Safety and Health, the Director of the National Institute lor Oceuualion.il Safety and 16) Medical records--til .ifcinlriinnee. Employers ol employees examined pursuant to tins paragraph shall cause to be maintained coihpielt- and accurate records of SU swell medical examina tions. Records shall be retained by employers for at least 30 years. Ml) Access. The contents of the rec Health, and to authorized representa ords of the medical examinations tives of either. required by inis paragraph shall be made (2i employee oeeess. Every employee available, lor 'Inspection and copying, and lormer employee shall have reason to the Assistant St-creuary of Lal<or lor able access to any record required to be Occupational Safety and Health, the maintained by subparagraph (li of this Director cf NIOSII. to authorized pnvsi- paragraph, which indicates the em- ci.'iis and .-v.rcical eor.'.ultanu ol c-uner plovea's own exposure lo asbestos fibers. ol llivin. and. upon the i tours; of an >;:n- (31 Employee noti/icofton. Any em r'.uyec cr tormcr empluyce. to Ins ghysi- ployee lound to have been exposed at any ciun. Any pi.-ysiriar. who eoneucts-.a time- to airborne concentrations ol asbrs- medical exaiiiinatxun rvgutred by Uus Occupoiional Solely & Heelih Reponei paragraph shall furnish to the employer of Hu- cxaiinnrrl i-mp.oyrr nil me mforniatMit-. smvihvnliy required uy nils uavaiir.u li. Mid any oilier mnliesl in- lorruuiou related to occupational espoMtic to asbestos noers. lOH'.'Jlb Coni lr p-ieli volatiles; inli-rprctaticni of irrm. As used In s 1910.93 (Table G-l). coal tar pitch volatiles include Ihc tused poly cyclic hyctrccr.rbcns which volatilize Irom Hit Ci.-nHiuinn residues ol coal, petroleum, wood. and'bther organic mat ter. i:-7.i u liiVv-vuw Nmcmlh-I 31. H?3| ^ 1310.33c -l-Nileol-iplienyl. (a) Scope and application. (I) This section applies to any area in which l-Nilrobiphetiyl. Chemical Abstracts Service Registry Number 1)3333 Is manu factured. processed, repackaged, re leased. handled, or stored, but shall not apply to iransrhlpment in sealed eon- Uiinei-al t-MCCPt lor the labeling require ments under paragraphs (e)(3), (3), and (4) of this section. - (3) This section shall not apply lo solid or liquid mixtures eonLalning^^ss than 0.1 percent by weight or volume at 4-Kilrobiphenyl. (1>> Definitions. For Uve purposed^of this section: til "Absolute filter" Is one canable of retaining 99.97 percent of a mono disperse aerosol of 0J era particles. (3) "Authorized employee" means an emp'oyee whose duties require him to be hi the tw'.'ULStsG area ar.d who has been ^fnnirtvp.r. (3) "Clean chance room" means a room where employees put on elean clothing and/or protective cauipment in an environment free of 4-Nitrobiphenyl. The clean change room shall be eon- U-juou.< to and have an entry from a shower room, when the shower room facilities are otherwise required In this section. (41 "Closed system" means an opera tion Involving 4-Nltrobiphenyl where containment prevents the release of 4NUcobipiienyl Into regulated areas, nonregulated areas, or the external environ ment. (5) "Decontamination" means the ln- aeitvalieit of 4-Nltrobiphcnyl or its safe disposal. (C) "Director" means the Director. Natlcnal ' Institute for Occupational Safety and Health, or any person di rected by him or the Secretary of Health. Education, and Welfare to act lor the Director. (7) "DLipaval" means the safe re moval of 4-Nilroblphenyl from the work environment. (> ' "Emergency" means an unforseen circumstance or set of circumstances re sulting in the release of 4-Nltroblphenyl which stay result in exposure to or con tact wills 4-Nilroblphenyl. (9) "External environment" means any environment external to regulated and nonrvmdated areas. (10) "Isolated system" means a fully enclosed structure oilier than the vessel of containment ' of 4-Nilroblphenyl. whleh is impervious to the passage of 4 - Nitrobiphenyl. and which would prevent ISec. )9t 0.93c(bll (0)1 4 'Nfc I FOSECO 1682 FQS--0-0000003287