Document 71O0JVGRJ98M4bzDMyN0V9vNo

<7 CYANA/Vf/D To: Plant Managers and InaustrialDate: Hygiene Coordinators Location: Copy to: From: C. S. Hellings Location: Wayne Extension: 3028 Subject: Emergency Temporary Standard Occupational Exposure to Asbestos Reference: November 8, 1983 J. F. Terenzi J. C. Caporossi W. W. Wilson H. M. D. Utidjian NA NA NA NA OSHA's Emergency Temporary Standard (E.T.S.) for asbestos became effective on Nov. 4, 1984 and adds certain requirements to OSHA's existing standard. The standard is attached for your information. The E.T.S. reduces the permissible exposure limit (P.E.L.) for asbestos from 2 fibers (longer than 5 micrometers) per cubic centimeter (2f/cc) as an '8-hour time weighted average (TWAg) to 0.5f/cc TWAg. We may use any combination of engineering controls, work practices and personal protective equipment to meet the new limit of 0.5f/cc. Training programs are also required to be instituted within 30 days for all employees whose exposures are reasonably expected to exceed the PEL of 0.5f/cc, without regard to the use of respirators. All such employees must be informed of the following categories of information: a. instruction on respirator fitting and use, b. handling of asbestos, c. medical information, d. relationship between smoking and lung cancer, and e. a review of the asbestos standard. Requirements for change rooms remain at the 2f/cc level while the E.T.S. requires that where concentrations may exceed 0.5f/cc, we must post signs indicating such locations. Respirator selection is shown on Table I of the attached. CSH:kn C. S. Hellings NA 839 BEV. 4-82 4-82 0223 V 51138 ' Federal Register / VoL 4& No. 215 / Friday, November 4, 13B3 / Rules and Regulations VII, Environmental Impact, ' the proposal to ascertain whether ' employers must be able to comply with Requirements of Executive Order 12291, analysis under the Regulatory Flexibility the standard in a short period of time. and the Regulatory Flexibility Act Act is required. . ................. , OSHA has set a level which is likely to The National Environmental Policy Act (NEPA) of 1969 (U.S.C.t321 et sea.), as implemented by the guidelines (40' CFR Part 1500) of the Council on Environmental Quality (CEQ). requires that federal agencies assess their regulatory actions to determine if there is a potential for a significant impact on the quality of the human'environment and, if necessary, to prepare an ' . environmental impact statement. In accordance with these requirements and DOL NEPA regulations (29 CFR Part 11 (Subpart B. 11.10 (a) (4)|) OSHA had determined that because of the emergency nature of this standard, no environmental impact statement will be perpared-for the ETS. The courts have held that NEPA does not require advance preparation of an environmental impact statement for an OSHA ETS (Dry Color Manufacturing Assocatian v. U.S. Department of Labor 486 F.2d 98.107 (3rd Cir. 1973)). OSHA will assess, however, the environmental effects of the proposed permanent . regulation of asbestos. The results of this study will be available for review and comment prior to the hearings on the proposed permanent standard and will be an appropriate issue for discussion at the public hearing. In the interim, OSHA welcomes any comments on any environmental effects that might occur as a result of promulgation of a rule on asbetos. Pursuant to the authority of Section 8(a)(1) of Executive Order 12231 OSHA has not prepared a Regulatory Impact Analysis of this ETS. Preparation of such an analysis was not practicable for OSHA to perform in time to issue this ETS to respond to the grave dangers faced by asbestos exposed workers. _ OSHA. however, is completing a " Preliminary Regulatory Impact Analysis of the proposal to revise the permanent standard which will be made public at VIII. Summary and Explanation of the be achieved immediately, using ETS . .... equipment and control techniques that are currently available. The requirements of this emergency Second. OSHA believes, based on the temporary standard are set out in a new data generated by OSHA's contractor. paragraph. J 1910'.1001(k). They are Research Triangle Institute, that some limited to additional provisions to the . existing asbestos standard which OSHA' workplaces, especially in the manufacturing sector, may be close to considers essential and feasible to . protect employees from the grave danger resulting from asbestos exposure until OSHA can promulgate more comprehensive revisions in accordance with section 6(b) of the Act. The major changes in the standard made by the ETS are: (1) The new permissible exposure level; (2) methods of ' compliar.-e permitted to achieve the new level; end (3) a requirement for the establishment of training programs within 30 days. The following section discusses the major provisions of the achieving a 04 f/cc level through the more rigorous use of engineering controls, work practices and housekeeping methods which are now in place. OSHA encourages employers to continue their efforts to implement these methods in order to assure that, for the long term, the most comprehensive and effective program of protection from asbestos exposure will be provided. Third. OSHA believes that reliability of the currently required asbestos measurement methods to measure ' ETS. the necessity for including these provisions in the ETS, and some ' asbestos exposures less than 0.5 f/cc should be open for discussion during a additional provisions to trigger certain rulemaking hearing, rather than imposed requirements at the reduced permissible through an ETS. OSHA has therefore not level of 0.5 f/cc. - .............................. . adopted the 0.1 f/cc level petitioned by 1. Paragraph (k](l) Scope. As part of the unions but instead is considering the ETS. OSHA is adding a'paragraph adding provisions to the asbestos on the scope of the standard. The ' standard that may improve the paragraph is intended to make clear that reliability of both sampling and analysis the emergency standard applies to all in the 6(b) rulemaking for the permanent workplaces where employees may be standard and thus allow lower levels to exposed to asbestos in all industries ' be reliably measured. . covered by the current asbestos . . 3. Paragraph (k](3) Methods of standard ie. general industry. ' ' compliance. The ETS adds a new construction and maritime. ' paragraph (k)(3), which permits 2. Paragraph (k)(2J Permissible level of exposure. As part of the ETS. OSHA employers to reduce the permissible exposure limit from the current 2 f/cc is adding paragraph (k)(2) which sets a limit to the 0.5 f/cc limit by any feasible new PEL-effective immediately, of 04 f/ combination of engineering controls, cc on an 8 hour time weighted average work practices and respiratory basis. This reduced level may be ' protection. The current requirement in achieved by any feasible combination of paragraphs (c)(1) and (c)(2) to first engineering controls.work practices and utilize engineering controls and work respiratory protection in order to allow practices to reduce exposure levels to employers to institute effective 2.0 f/ccremains unaffected by this ETS. measures to reduce employee exposures Flexibility in choosing compliance immediately. '. strategies for the period of an ETS has the time the proposal is published. - - OSHA chose 8.5 f/ce as the * '....... been incorporated in most other The Regulatory Flexibility Act . . permissible exposure level primarily previously issued emergency standards. requires an agency to prepare a . Regulatory Flexibility Analysis only for those rules for which a notice of proposed rulemaking is published. OSHA's issuance of an ETS therefore is not covered by the Regulatory because it believes that reducing . , The policy reflects OSHA's employee exposures to 04 f/cc in all determination to craft emergency industries will greatly reduce the risk of standards that are truly responsive to developing asbestos induced cancers, emergency conditions and which afford primarily lung cancer, mesothelioma and immediately available protection to gastrointestinal cancer. As set out in the affected workers. Flexibility Act because the OSHA Act provides that ETS's be issued without . regard to notice, public comment and other requirements in the Administrative Procedure Act. The proposal to revise the permanent asbestos standard, however is subject to the requirements of the Regulatory _ Flexibility Act and OSHA will evaluate discussion on "grave danger" and ' "benefits", the number of lives OSHA believes may be saved through an immediate reduction of exposure to 0J f/cc is substantial. OSHA also believes that the 04 f/cc* level is appropriate for several other reasons. First, because an emergency standard must be feasible, and '. 4. Paragraph (kj(<) Employee information and training. The ETS adds a paragraph to the asbestos standard " requiring the employer to provide a training program within 30 days of publication of the emergency standard for ail employees whose exposures are reasonably expected to exceed the PEL of 04 f/cc. without regard to the use of 0225 X Federal .Register / Val. 48. No. 215 / Friday. November 4. 1983 / Rules and Regulations 51139 respirators,.and to assure that all such multiple* of the reduced PEL of 04 f/cc Authority and Signature employe?* participate in the program ' rather than multiples of (he previous 2 f/ and are informed of specified categories cc permissible limit." For example, of information. OSHA considers Ihi* " approved air purifying respirators may provision to be "necessary1' within the be used only where asbestos . meaning of section 6(c) of the Act. to concentrations are not expected to reduce the grave danger faced by exceed 5 f/cc (10 x the PEL). Before the asbestos exposed employees. The , ' STS. because the PEL was 2 f/cc such absence of a training program respirators could be used where requirement in the asbestos standard asbestos concentrations would not have has been pointed out as one of the exceeded 20 f/cc (10 x the PEL of 2 f/cc). serious deficiencies of the current Similarly, powered air purifying This document was prepared under the direction of Tnome G. Auchter. Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue. NW. Washington. DC 20210. Pursuant to Sections 6(b). 6(c). 3(c) and 8(g) of the Act, 29 CFR 1910.1001 is amended by adding a new paragraph (k) as set forth below," standard. OSHA believes that participation in an adequate training program is essential for (he protection of employees because most protective provisions enlist the employee as an . active participant. For example, many employees handling asbestos depend -on effective work practices. Without train`rg in applying these work ' respirators may be used where asbestos ' concentrations do not exceed 100 times the PEL which at the new level of 0.5 f/ cc is 50 f/cc Previously, employers could have used such respirators at concentrations up to 200 f/cc It is likely thatlhe main Impact of the reduced PEL on respirator choice will be in operations and industries where (Secs. 6(b). 6(c). 8(e) nd afy). Pub. L. 91-396. 84 Sue 1593. 1396.1599. 36CO: 29 U.S.C. 635. 637: See. 307, Pub. L 81-54. S3 Stat. 96 (40 U.S.C. 333]: 29 CFR Part 3911: Secretary of Labor's Order No. 9-33 (48 FS 35736)) Signed at Washington. DjC, this 2nd day of November 1983. Thome C. Auchter, Assistant Secretary a/Labor. practices, employee protection would be inadequate. Where the employee plays a exposure levels are between 5 f/cc and 20 f/cc. Formerly, employees exposed in PART 1910-^AMENDED] , more passive rede in his protection such this range could use half-mask air Section 1910.1001 of Part 1910 of Title as where engineering controls are relied purifying respirators: now they must be " 29 of the Code of Federal Regulations is on. training is also essential, because protected by a powered air purifying hereby amended by adding a new the employee must know the sources oT respirator or a full facepiece respirator, paragraph (k) reading as.follows: workplace asbestos contamination, and the health hazards of asbestos exposure, in order to assess his own exposure or "they may usea supplied air . respirator. - 6. Paragraph (k)(6). Warning signs 1910,1001 Asbestos. > ** . situation and to help recognize when during the ETS. The ETS requires that* (k) Emergency temporary standard engineering controls are not operating legible signs warning of the health effective November 4.1983.--(1) Scope. properly. Certainly where housekeeping hazards of asbestos be displayed at This emergency temporary standard is plays an important role in control, locations where airborne concentrations issued pursuant to section 6(c) of the instruction about housekeeping, of asbestos fibers exceed the reduced Act and applies to all workplaces where methods, for example, frequent vacuuming, is essential. Perhaps most exposure limit of 0.5 f/cc No specific employees may be exposed to asbestos legend is required signs for newly . . in all industries covered by the Act. importanly. where employee protection depends upon respirator use. OSHA's experience shows that training * employees in the use. fitting and limitations of respirators is critical to ' the effectiveness of respirator posted during the ETS. OSHA wishes to make as practicable as possible the rapid posting of signs, especially in workplaces where there has been previous non-compliance and in areas where asbestos concentrations were including, general industry, construction and maritime. Except to the extent _ modified by this emergency temporary ' standard allprovisions of $ 1910.1001 remain in effect (2) Permissible levels of exposure. protection. Accordingly this requirement formerly below the 2.0 f/cc PEL The 8-hour time-weighted average * applies where airborne concentrations are reasonably expected to exceed Q.S f/ XI. Public Participation ' airborne concentration of asbestos fibers to which any employee may be cc, even if employees use respirators to Interested persons are invited to exposed shall not exceed one-half (0.5) reduce breathing zone concentrations submit written data, views and fiber, longer than 5 micrometers, per and thereby comply with the ETS. arguments with respect to the revisions cubic centimeter of air. as determined As set forth in paragraph (k)(4) the to the asbestos standard made by the by the method prescribed in paragraph employer must inform the employee of ETS. These comments must be " (e) of this section. the health effects of asbestos exposure: postmarked on dr before January 3.1934 (3) Methods ofcompliance with the the relationship between asbestos and and sent to the Docket Officer, Docket emergency temporary standard. smoking in producing lung caneen the . No. H-033G Occupational Safety & Notwithstanding any other requirements operations exposing employees to Health Administration. US. Department of this sections compliance with the asbestos fibers and necessary protective of Labor, 200 Constitution Avenue. NW- reduced exposure limit of 04 f/cc shall steps to minimize exposure: the purpose, Room S-6212. Washington. ELC. 20210. ' be achieved by any feasible proper use. fitting instructions and The data, views and arguments that combination of engineering controls, limitations of respirators, and the are submitted will be available for work practices, and personal protective contents of all the provisions of the public inspection and copying at the " equipment and devices. Asbestos Standard at 1910.1001. above address. All timely written ' "(4) Employee information and S. Paragraph (k)(5) Respiratory submissions will be made a part of the training.--(i) As soon as possible, but protection during the ETS. The ETS record of the proceeding. " not later than thirty (30) days from the adds a new paragraph {k)(5) which includes a table which ties respirator . List of Subjects in 29 CFR Part 1910 effective date of this emergency temporary standard, the employer shall selection to the 0.5 f/cc PEL Under the Occupational safety and health. institute a training program for ail ETS, the concentration cut-offs for . Asbestos. Health. Emergency temporary employees exposed to airborne various kinds of respirators are standard. Cancer. . . . concentrations of asbestos in excess of 0226 51140 Federal Register / Vol, 0.5 f/cc. without regard to the use of respirators and shall assure their participation in the program during the effective period of this emergency temporary standard. *' ' (ii) The employer shall Assure that each such employee is informed of the following: . : : (A) The health effecfs'associated with . asbestos exposure: ' : (B) The relationship between asbestos and smoking in producing lung cancer; ' . (C) The nature of operations which ' ` could result in exposure to asbestos and necessary protective steps to minimize exposure including, as applicable. engineering controls, work practices, respirators, housekeeping and protective clothing; : (D) The purpose, proper use. fitting instructions and limitations of . respirators permitted by the standard; and , (E) A review of ail the provisions ' ' contained in 1910.1001. . . (5) Respiratory protection during the nTS. Notwithstanding any other . requirement of this section, where respirators are used to achieve the permissible exposure limit of 0.5 f/cc T ^1k-e selected according to (igns^warning onhe^heahh'haiardsof ^!sflayed 1,1 each localion where ' ; TAaLE 1 . " Respiratory Protection - . . . ; Hr Air60rne Concentrations of Asoestos . , Airborne Concentration' : ` .of Asbestos (TWA) ' Act in excess of S f/cc UO X PEL) ; ' tlOO X PwEeL)ss SO - f/;cc- : Sreaterthan 50 f/cc Required Resoiratnr'i Reusable'or single use air purifying respirator Full facepiece air' ~ ' Purifying respvjtor; or a Powered *<r purifying res. pirator ' . .A type *0". continuous fiow or pressure demand, supplied air respirator. lower concentrations^? asoestos?*"11"4'"5"1 *** 6e use,J 4t (6) Warning signs during the ETS. In addition to the requirements of W Slat. 1393.(1SS^15?16S a uia Mi' ` Ubiris'ordf ,911' of . *57: Sec. 107, Pub. L. 91-*. Stat 96f N` ***(<8 W 'uiwc cooe 45to-j- . 0227