Document 5bYeeeGrBmK0x0pLEr2jNbmJ5

22726 Federal Register / Vol. 51, No. 119 / Friday. June 20, 1986 / Rules and Regulations fibers that may be released if asbestoscontaining wastes are temporarily stored or transported on the construction worksite. The requirements contained in paragraph (1)(2) do not address the ultimate disposal of asbestos wastes, since these wastes and their disposal are regulated by EPA. The existing asbestos standard and the revised standard for general industry contain a general provision requiring that surfaces be maintained free of accumulations of asbestos fibers. OSHA has not included a similar provision in the revised standard for the construction industry because the nature of much construction work, particularly asbestos removal, renovation, and demolition, makes it impossible to keep surfaces free of asbestos fibers at all times. OSHA does, however, expect employers in the construction industry to clean up accumulations of asbestos quickly to avoid generation of airborne concentrations of asbestos fibers that might exceed the PEL. OSHA believes that the provisions of paragraph (1) reflect the special circumstances found in the construction industry sector while providing protection for construction employees that are involved in cleanup operations. Paragraph (m)--Medical Surveillance Where appropriate, medical surveillance programs are required by Section 8(b)(7) of the OSH Act, to be included in OSHA health standard to aid in determining whether the health of workers is adversely affected by exposure to toxic; substances. The requirements contained in this revised asbestos standard are designed to detect changes in the pulmonary and gastrointestinal systems resulting from occupational exposure to asbestos. Several changes have been made in the revised rule relative to OSHA's existing asbestos standard (29 CFR 1910.1001 (i)). These changes include requiring employers to Implement the medical surveillance program only for employees wearing negative-pressure respirators and for employees exposed to levels of asbestos at or abovethe action level for 30 or more days per year. The existing standard required medical surveillance for all employees engaged in occupations in which they were exposed to airborne concentrations of asbestos fibers,'regardless of the duration or level of their exposure. In addition, OSHA has added provisions to the revised standard addressing the administration of a respiratory disease questionnaire during the medical examination, requiring employers to provide information to the examining physician, and granting physicians greater latitude in determining the frequency of chest X from interested parties representing alt rays and the necessity of providing industry sectors, the Agency other tests. OSHA has also deleted the emphasized the need for information on existing standard's requirement for a any necessary changes to the medical medical examination at the time of an surveillance requirements as they might employee's termination of employment. affect the construction industry. The In other respects, the medical modifications considered in the surveillance requirements parallel the development of the revised rule were existing standard's provisions. suggested by the Advisory Committee In the April notice (49 FR14116-14145). for Construction Safety and Health OSHA solicited comments on whether the existing medical surveillance provisions for asbestos-exposed employees should be modified in any (CACOSH), the Building and Construction Trades Department of the AFL-CIO (BCTD), the Asbestos Information Association (A1A). and by new rulemaking undertaken to revise other affected organizations specifically OSHA's existing asbestos standard. concerned with the applicability of Specifically, comments were invited medical surveillance provisions to the regarding the appropriations of construction industry. triggering the medical surveillance Paragraph (m)(l)(i) of the revised requirements of a revised standard at standard for construction requires that 0.2 f/cc; decreasing the frequency of each employer institute a medical chest X rays for young employees or for surveillance program for all such those with short durations of exposure; employees who are exposed at levels at clarifying the time permitted for or above the action level of 0.1 f/cc for employers to conduct the pre-placement 30 or more days per year. In addition, examination after initial hiring; and the employers are required to provide necessity of specifying additional tests medical surveillance for all employees or procedures for the early diagnosis of who are required to wear a negative- any asbestos-related disease, including pressure respirator to protect against the administration of a respiratory exposure to asbestos, regardless of disease questionnaire. Comments were exposure levels or duration. The also requested on the need for ' employer is required by paragraph additional specifications, regarding the (m)(1)(ii)(A) to ensure that all medical performance of pulmonary function examinations and procedures are testing, including completion of a performed by or under the supervision NIOSH-approved course in spirometry of a licensed.physician selected and are for nonphysicians who administer these provided without cost to the employee tests, calculation of the percentage and at a reasonable time and place. difference from predicted values and use In accordance with paragraph of standard predicted values; the (m)(2)(i) of the revised standard, the appropriateness of requiring screening medical surveillance program must be for colo-rectal cancer, including tests for instituted before the employee's initial occult blood in the feces; and further assignment for those employees specifications for the interpretation and . required to wear negative-pressure reading of chest X rays. respirators to protect against exposure The April notice also specifically described several concerns of the to asbestos, and within 10 working days of the thirtieth day of exposure, for construction industry regarding the those employees exposed at levels at or inclusion of a traditional OSHA health above the action level for 30 or more standards approach to medical days per year. As in the existing protection for construction workers (49 standard, no initial medical examination FR14131). Among the concerns is required if the employer can expressed by GACOSH were the "major demonstrate that an employee has hod economic and logisticalproblem" an equivalent medical examination presented by medical surveillance within the past year and periodic programs in this section because of high medical examinations arc required to De employee turnover, and the use of conducted at least annually after the medical examination to "exclude all but initial examination. If the examining the most hardy human specimens (from physician determines that there is a employment)'' (49 FR 14131). Member of need to provide any of the examinations CACOSH also stressed the importance, more frequently, the employer is of an integrated program of required to provide such examinations environmental controls and medical to affected employees at the frequencies surveillance, rather than an specified by the physician. "Overdependence on medical control The medical surveillance program systems [alone]" (49 FR 14131). Although specified by paragraph (m)(2)(ii) in the information and responses relevant to revised standard requires: (1) a work these.and other issues were solicited history, (2) a medical history, (3) GLEASON-000974