Document 6Ovk5R1n3mp5a29Vz6NJM3d9

FILE NAME: Friction Materials Standards Institute (FMS) DATE: 1977 Aug DOC#: FMS076 DOCUMENT DESCRIPTION: Report from CA Dept of Health - Open Letter to Motor Vehicle and Brake Repair Facilities RE Asbestos Published in Oct 1977 FMSI Bulletin FRICTION MATERIALS STANDARDS INSTITUTE, INC. E-210 ROUTE i?4 BULLETIN NO. 6 1 3 October 31, 1977 California Department of Keallth-- Reporting of Asbestos Use by Brake Repair Facilities The California Department of Health issued an open letter to Motor Vehicle and brake repair facilities in August 1977 concerning their reporting on the use of asbestos. The notice headlined such items as reporting use of asbestos, penalties, the procedure for reporting, the regulation with items on inspection and disposal of waste. As this open letter was addressed to motor vehicle and brake repair facilities it is intended specifically for those who do any work on brake linings and clutch facings, and this includes procedures such a3 blowing out brake dust, grinding, sanding, drilling or chamfering of brake linings or clutch facings. A copy of this letter is sent to you so that you may alert your customers in the California market if they have not already been advised. E ..17. Drislane Executive Director CC: Active Members (list C) Regional Members with U.S. Copyright SPNY 004747 ST AV i ->< C A l l l O R N I A H E A l l H A N O W U f A R E * C ` n ' . ' DEPARTMENT OF HEALTH W-744 P StREEt ACRAM fN To. CA UEO RN IA 9S814 (41S)M3 7 `tno tlxt. 306 Ed m u n d g b r o w n ir . c.;>* -o August 1977 AN OPEN L ETTER TO MOTOR VEHICLE AND BRAKE R EP AI R FACILITIES SUBJECT: Reporting Asbestos Use This letter is intended to make you aware that California employers wlto use or work with asbestos Face new legal responsibilities For wo rke r protection as part ol an expanded Slate program to prevent j o b related cancer. As you know, brake linings and ot h er friction materials used in y our industry contain asbestos, which in fiber Form is a known cause o f human cancer. The St at e's new Occupational Carcinogens Control Act seeks to prevent exposure o f employees, e mpl oyer s and others to asbestos and 15 other State-regulated canccr-causing substances in the work place. 1 lie first new obligation For employers is to report the use o f these materials. REPORTING ASBESTOS USE Automotive repair facilities that are registered with the Stare Bureau o f Automotive Repair (BAR) do not have to report the use o f asbestos because fbev are obliged to register annually with the bureau. But they are not otherwise exempt from State regulations requiring that employees be protected (tom tinsafe exposure to asbestos dust. Brake and clutch repair facilities which arc not registered with the BAR must report to the chief of the Division o f Industrial Safety (DIS) as asbestos users if work practices are used which can create dust. These work practices include: blowing out brake dust with compressed atr, of the grinding, sanding, drilling, arcing or beveling o f brake shoes or clutch facings. If these dusty work practices are not used, report ing is not required. PENALTIES Reporting must be done by Sept ember 1. 1977. After t hat date there is a 1500 fine for failing to report to the chief o f DIS. Effective July 1, 1977. there arc 11, 000 fines for serious safety violations o f Cal/OSH/*1 regulations involving asbestos and a 15,000 fine for repeat infractions. REPORTING PROCESS Repair shops, garages, automobile dealers, and other facilities registered with the State Bureau of Automotive Repair arc automatically registered with the chief ot DIS and need not follow the reporting process described below. These facilities arc also exempt from the 1500 fine for failure to report to the chief o f DIS. SPNY 004748 For shops, garages, and other facilities which arc not registered witli BAR, the reporting process ts simple. All an employer must d o is send a letter to the Chief o f the Division o f Industrial Safety, 455 Gol den Gate Avenue, San Francisco, CA 94102. Include the following information: -- -- -- , -- Name and address o f locations where asbestos is used. Number o f employees working with asbestos, including maintenance personnel. Manner in which asbestos or asbestos-containing products arc processed, or otherwise handled. Names and addresses of any collective bargaining representatives or other representatives of affected employees. If you prefer, forms for this purpose arc available from the above address. *V , .... ;....... , THE REPORTING REGULATION The regulation requiring reporting as passed by the Cal/OSHA Standards Board is q u o t e d below. Part (B) applies to clutch and clutch repair facilities as well as brake repair facilities. NOTE: Repo rt i ng is not necessary if you avoid the dust-producing work practices listed in part (B), or if you arc registered with BAR. Operations Processes Requiring Reporting: (A) Any use, handling,disposal, processing, manufacturing, packaging or repackaging o f asbestos or asbestos-containing products w h ich require labeling by Subsection (i)* o f this section. (B.i Brake repair and clutch repair operations where asbestos-containing frictional materials arc processed in a manner which may produce airborne asbestos fibers, such as grinding, sanding, drilling, brake shoe arcing and beveling, or removing asbestos-containing dust with compressed air. Aut omot ive repair facilities which arc registered with the State Bureau o f Automotive Repairs meet the registration requirements of this subparagraph, but arc not otherwise exempt from this Section. (C) Maintenance, const ructi on, repair, renovation, demolition or salvage activities in w-hich any materials containing more than 1% asbestos (dry weight) arc sanded, ground, abrasive blasted, sawed, cut, shoveled, removed, or otherwise handled in such manner that asbestos dust would be raised. (D) Any other use where employee exposure'exceeds the concentrations o f airborne fibers given in Subsection (a).* NOTE: The ordinary use, handling, or installation of products which do not require labeling under Subsection (i)* are exe mpt from the reporting requirements. Examples o f non-labcled products include but arc not limited to, vinyl-asbestos floor tile, resilient sheet flooring, packings and gaskets, fibrated asphalt coatings and coated asbestos cloth. Operations suih as retail, wholesale, warehousing, transportation or distribution o f products requiring labeling arc exempt from reporting requirements providing such products are handled or stored m sealed or unbroken containers. 'See State General Industry Safety Orders Section 5208. - SPNY 004749 INSPECTIONS This new Act requires the State Department o f Health to inspect work places where cancer-causing substances arc used. Primary responsibility for enforcing these safety and health standards, as with all ot her j ob safety and health standards, rests with the State Division o f Industrial Safety in the State De p ar tm en t of Industrial Relations. It is i m po rt an t to note that even though facilities registered with the Bureau o f Automotive Repair arc exempt from reporting requirements, they arc not exempt from Cal/OSHA safety inspections to ensure compliance with regulations on asbestos. `Y FOR REGULATIONS AND MORE INFORMATION Free copies of regulations on asbestos and information on how to protect workers may be obtained by contacting one o f the State Health Department offices listed below: In Northern California In Southern California State o f California Occupational Health Branch Occupational Cancer Control Unit 2151 Berkeley Way Berkeley, CA 94704 State o f California Occupational Health Branch Occupational Cancer Control Unit 1449 West Templ e Street Los Angeles, CA 90026 (415) 843-7900. Ext. 300 (213)020-4 290 EMPLOYEE COMPLAINTS The law requires the State D ep ar tment o f Health and the Division o f Industrial Saf et y to respond to complaints from employees regarding potentially unlawful use of the regulated cancer-causing substances in their work places. Priority is given to investigation o f such complaints. NO-CI lARGE CONSULTATION To help employers achieve compliance with the provisions of the Occupational Carcinogens Control Act, tire State De part ment o f Health will provide penalty-tree, no-charge consultative services and educational programs. These services will be provided on request by any employer or employee. RECOMMENDED WORK PRACTICES T o keep asbestos exposures as low as possible, it is recommended that removal o f dust from brake drums and brake assemblies be done wi th a wet rag or vacuuming instead o f by means o f compressed air. All arcing or grinding of brake linings should be performed with an adequate local exhaust dust collection system. The asbestos dust collected should be disposed <>! m sealed impermeable bags or containers. SPNY 004750 DISPOSAL Tlie Depart ment o f Health. Vector and Waste Management Section. Ins designated asbestos-containing waste as h. vardnus wastes. Waste consisting o f spent brake linings. dust, c ut t in gs. o r o th er m aterials which contain asbestos, should be onckaped and in sealed. n onrr tur nahl c eontaincrs (c.g. double plastic baps) from winch asbestos fibers cannot escape. The contents should be evened to prevent the production ol airborne asbestos fibers in case tbc container is broken. These containers may be placed in your regular solid waste bin for transportation to tbc disposal site. For additional information on the requirements for disposal o f asbestos-containing wastes, contact the Vector and Waste Management Section Office nearest you. Headquarters Office Berkeley Office Los Angeles Office 744 P Street Sacramento, CA 05814 (916) 322-2337 2151 Berkeley Way Berkeley, CA 94704 (415) 84 3-7900. Ext. 434 Post Office Box 30327 1449 W. Temple Street Los Angeles, CA 9 0 02 6 (213) 620-2380 The General Industry Safety Orders (Section' 5 20 8 (i)(2)) require this caution label to be at tached t o containers of asbestos waste: CAUTION Contains Asbestos Fibers Avoid Creating Dust Breathing Asbestos Dust May Cause Serious Bodily Harm The State Department of Health and the State Department o f Industrial Relations provide this information to employers now to alert them to their major legal responsibilities under the Occupational Carcinogens Control Act and to give m ax imu m lead time t o planning t o achieve health and safety standards man dat ed by the law. Both Departments will work cooperatively with employers in the interests o f improved worker safety and health. Sincerely, -1 -/ Director of Industrial Relations and Designated Administrator for Cal/OSHA SPNY 004751