Document 8R8dpEbKd403YL10BN01Kx1k5

FRICTION MATERIALS STANDARDS INSTITUTE, INC., E-210 ROUTE 4, PARAMUS, N, J. 07652 BULLETIN N 0. 6 1 0 September 26, 1977 UNITED AUTO WORKERS PETITION TO ESTABLISH AN EMERGENCY TEMPORARY STANDARD FOR OCCUPATIONAL EXPOSURE TO ASBESTOS Enclosed is a copy of a letter written by Mr. Douglas A, Fraser, President of the United Auto Workers to Mr. Ray Marshall, Secretary of Labor. This letter was written on Jlily 6, 1977 and I received a copy of it at the recent meeting of the Asbestos Information Association in Washington. Mr. Fraser is petitioning the Secretary to establish rules for occupational exposure to asbestos as the proposal appeared in the Federal Register on October 9, 1975. Along with medical surveillance, record keeping requirements, regulated areas and other controls in the workplace, there was the proposal to establish the 0.5 fiber per cubic'centimeter maximum concentration for asbestos fibers. This proposal was to be a^reduction from the current 2 fiber per cc level. By petitioning for an emergency standard, Mr. Fraser, among other things is attempting to speed the regulatory process and have the new standard finalized as soon as possible. A copy of this letter is forwarded to you as a matter of information. EUD/erc Enc: cc-Active Members (List C) Regional Members (U.5.Dues) E. W, Drislane Executive Director FMSI 03376 til I i i i m o r INTtSHATIONAL UNION, LI?>'ITE0 AUin*. 0 OOOO EAST JCFf ntSON AVE. . DETROIT. MICHIGAN 40214 -PHONE (313) 9 2fl - 5000 AfEOSPAU l AGRiaumAl' IMPLEMENT WORKERS OF AMERICA 'J OOUGIAS A. FRASER, msmfm EMIL MAZEY, SfC*I^srif*50t VICE-PIIESIOENTS PAT GRhATHOUSP XfN 0ANNON DENNIS MctJfcRMOTT IRVING BLUE STONE OOESSA HOMER MARC STEPP MARTIN GERBER July 6, 1977 The Honorable Ray Marshall, Secretary of Labor, U. S. Department of .Labor, Washington, D. C. 20210 Dear Secretary Marshall: i mnsf On behalf of the UAW I am writing to petition you to exercise your authority under Section 0{c) of the Occupational Safety and Health Act, 29 U.S. C. 1655(c), to establish the proposed mod' fication of the Occupational Standard for Exposure to Asbestos, 29 CFR 1910.1001, as an emergency temporary standard. In addition, the UAW petitions that as speedily as possible thereafter you commence hearings and promulgate a permanent standard consistent with recent medical findings, under Section 6(b) of OSHA, 29 U.S. C. 1655(b), and 29 CFR 19H.3. This petition is made on behalf of UAW members engaged in the manufacture of friction products, the repair and remanufaeturc of brakes and transmissions, maintenance workers in contact with asbestos insulation, chemical formulation workers and others who are regularly or incidentally exposed to this highly hazardous inaLerial. These workers may suffer irreparable harm if the normal, time-consuming standn rd-setting process is pursued. The risk to health is documented by data presented in the preamble to the proposed standard, which notes that cancer can arise from both brief and low-level exposures to asbestos fibers. That proposal was dated September 30, 1975, over one and onc-half year s ago. Thus', any additional delay in acting on the proposal through normal channels, which could take additional years, may I ill eases of .-1 ; i, ,-r ;uni m es o' I \. .! i on in v.liich would have been prevented by improved control over the workplace. The delay in promulgation of the standard affects our members in two major ways. First, we are aware of several plants in the friction products industry which apparently arc in compliance with the current standard of 2 fibers per cubic centimeter, but in which obvious steps to conliol airborne asbestos exposure have not been taken. The current standard thus allows pollution to the limit of ? fibers per cubic centimeter, in-.! v.'wher:. arc c.pos.-d in levels <Jl' s best* m filler;. v.'!."h could easily be lowe r i'd. FMSI 03377 In addition, the current requirements for protective clothing and locker room facilities are tied to the measurement of levels of airborne asbestos fibers in excess of 2 fibers per cubic centimeter. In our experience the clothing of workers becomes quite visibly contaminated with asbestos containing dust or mud where airborne asbestos measurements do not indicate a requirement for hygiene practices under the current standard. Therefore, workers may take asbestos home, serving to provide a continuing source of preventable exposure to themselves, and a completely unconscionable exposure to their families. While these issues have been pursued through collective bargaining,' the weakness of the current standard is a major obstacle. Where such demands arc won, the companies employing our members are placed at a competitive disadvantage to other employers. We are prepared to submit data and to testify in support of these assertions. We are aware that the standards - s citing machinery of OSIIA is currently greatly overloaded with the need for initial regulation of many substances. The solution to this problem, however, should not be to delay action but to increase staffing and support for these activities. The environment of asbcstos-uring operations which are apparently in compliance witii the current standard of 2 fillers per cubic centimeter are visibly dusty although not highly contaminated. Our members arc well aware ot the health hazards of the clusi which they come in contact with every day and demand better control. The fact that the application of the current OSTIA standard does not furnish relief is damaging to the credibility of the entire OSilA effort. For Uie.se reasons, the 1JAW is filing this petition to request that the proposed modification ot the Occupational Standard for Exposure to Asbestos,29 GFJt 1910.1001 be adopted as an emergency temporary standard, and that as soon as possible thereafter, a permanent, standard i i ; i. i .. I , of with reece medic;-I evideii'i l.e g r i > 1<1111;11; d . I would appreciate an early reply or ! <> the slops which will be taken in this area. Sincerely, , !iA i c: r opei u-1 94 t'1 :lh'. Eul.'i Hingh-u n OSIIA Docket 11- nil J i' ii i p1 iA. h ' i- i , 1 ' r. r i-1 - n't, INTKKNATiONAJ, UNION UA\V. FMSI 03378 V v 111 1 It O I I (1/o /tt/ap/fy, OOOO EAST JEFFERSON AVE. DETROIT. MICHIGAN 40214 PHONE 13131 920*5000 INTERNATIONAL UNION, UNITED AUTOMOBILE. AEROSPACE l AGRICULTURAL IMPLEMENT WORKERS OF AMERICA-UAW DOUGLAS A. FRASER. HfSIDCNI EMIL M A Z E Y . Sf CBfrAjr.ufAs(jt VICE-PRESIDENTS >. PAT GREATHOUSE" KEN BANNON DENNIS McOERMOTT IRVING BLUESTONE ODESSA KOMER MARC STEPP MARTIN GERBER July 6, 1977 Tlie Honorable Ray Marshall, Secretary of Labor, U. S. Department of Labor, Washington, D. C. 20210 I WH&i Dear Secretary Marshall: On behalf of the UAW I am writing to petition you to exercise your authority under Section 6(c) of tlie Occupational Safety and Health Act, 29 U.S. C. 1655(c), to establish the proposed modification of the Occupational Standard for Exposure to Asbestos, 29 CFR 1910.1001, as an emergency temporary standard. In addition, the UAW petitions that as speedily as possible thereafter you commence licarings and promulgate a permanent standard consistent witEi recent medical findings, under Section 6(b) of OS1IA, 29 U.S. C. 1655(b), and 29 CFR 1911. 3. This petition is made on behalf of UAW members engaged in the manufacture of friction products, the repair and remanufacture of brakes and transmissions, maintenance workers in contact with asbestos insulation, chemical formulation workers and others wlio are regularly or incidentally exposed to this highly hazardous material. These workers may suffer irreparable harm if tlie normal, time-consuming standard-setting process is pursued. 'The risk to health is documented by data presented in the preamble to the proposed standard, which notes that cancer can arise from both brief and low-level exposures to asbestos fibers. That proposal was dated September 30, 1975, over one and one-half year s ago. Thus, any additional delay in acting on the proposal through normal channels, which could take additional years, may in casus of Inn", cancer and n ms o 1 i i. d i o mu v.liich would have been prevented by improved control over the workplace. The delay in promulgation of the standard affects our members in two major ways. First, we are aware of several plants in the friction products industry which apparently arc in compliance with the current standard of 2 fibers per cubic centimeter, blit in which obvious steps to control airborne asbestos exposure have not been taken. The current standard thus allows pollution to the limit of 2 fillers per cubic centimeter, an ! v." 111 k e. i"ain e.posed to levels oi asbestos fibers .!:'clt could easily bo Lowe r od. FMSI 03379 2- - In addition, the current requirements for protective clothing and locker room facilities are tied to the measurement of levels of airborne asbestos fibers in excess of 2 fibers per cubic centimeter. In our experience the clothing of workers becomes quite visibly contaminated with asbestos containing dust or mud where airborne asbestos measurements do not indicate a requirement for hygiene practices under the current standard. Therefore, workers may take asbestos home, serving to provide a continuing source of preventable exposure to themselves, and a completely unconscionable exposure to their families. While these issues have been pursued through collective bargaining, the weakness of the current standard is a major obstacle. Where such demands are won, the companies employing our members are placed at a competitive disadvantage to other employers. We are prepared to submit data and to testify in support of these assertions. We are aware that the standards-setting machinery of OSI-IA is currently greatly overloaded with the need for initial regulation of many substances. The solution to this problem, however, should not be to delay action but to increase staffing and support for these activities. The environment of asbestos-using operations which are apparently in compliance with the current standard of 2 fibers per cubic centimeter are visibly dusty although not highly contaminated. Our members arc well aware of the health hazards of the dust which they come in contact witli every day and demand better control. The fact that the application of the current OSIIA standard docs not furnish relief is damaging to the credibility of the entire OSIIA effort. For these reasons, the UAW is filing this petition to request that the proposed modification of the Occupational Standard for Exposure to Asbestos, 29 CFIt 1910.1001 be adopted as an emergency temporary standard, and that as soon as possible thereafter, a permanent standard I'li.i'i.ilc!;! with rece'd medical evidence be p r n i nu la t; ed . I would appreciate an early reply as 11> the slops which will be taken iri this area. Sincerely, [>Al'':cr or-opeiu-194 ce :D r. Fula Jbngli.i m OS! IA Docket 11-013 J c.Migbi.i A. Km :: e r , ['resident, INTFUNATJONAJ, UNION UAW. - FMSI 03380 IT