Document B8w3jzNzR77E4oYVO8QMK4MmE

FILE NAME: Avondale (AVD) DATE: 1972 Jan 19 DOC#: AVD138 DOCUMENT DESCRIPTION: Memo - Asbestos Health Standards with Attached Press Release and Excerpts of the Federal Register J a n u a r y 19, 1972 To: ACCIDENT PREVENTION COM M ITTEE M. P . Redford, C hairm an H a rry H. Howard J. Radcliffe M aumenee M aurice M osier H arold J. M organ W illiam L. Rich A ustin She an Paul Sousa J. Sam uel Stratton -u R . A. S t u b b l e f i e l d c M anuel C. V al Dez Edward V erderane G. P . W alls S earle T. Walton Subject: A sbestos H ealth Standards Enclosed a re excerpts from the FED ERA L REGISTER of J a n u a r y 11 a n d 12, 1 9 7 2 , a n d a s e l f e x p l a n a t o r y L a b o r D e p a r t m e n t new s r e le a s e p e rta in in g to p e rm a n e n t A s b e s to s H ealth S ta n d a rd s and extension of these stan d ard s to sh ip y ard s. P lease note that w ritten views will be considered if subm itted by F e b r u a r y 11, 1972. O ra l d a ta, v iew s and a rg u m e n ts w ill be r e ceiv e d by an e x a m in e r a t a h e a r in g M a r c h 14 in W ash in g to n . P e r s o n s d e s ir in g to a p p e a r a t the h e a r in g m u s t file a n o tic e by M a r c h 3. The q u e stio n a r i s e s as to w h e th er the C ouncil should su b m it com m ent on this p ro p o sal? . ' _ Your reaction is urgent. PLAINTIFF'S EXHIBIT SBCA 5042 I FOR RELEASE: Immediate . Monday, January 10, 1972 JOB SAFETY AGENCY SETS RULEMAKING ON ASBESTOS HEALTH STANDARD ^ A proposed rulemaking proceeding to make permanent the existing emergency standard on asbestos was announced today by the Labor Department's Occupational Safety and Health Administration (OSHA). The emergency standard was issued December 7. It reduced the permissible level of asbestos dust from 12 fibers per milliliter greater than 5 microns long to 5 such fibers for an eight-hour time-weighted average airborne concentration. The latter level is the essential basis of the' proposed rulemaking. Related standards dealing ty.th monitoring, sampling, medical examinations, and the use of signs N are also proposed^ ' _ George C. Guenther, Assistant Secretary of Labor for Occupational Safety and Health, said a hearing on the proposal will be held March 14 in Conference Room B of the Departmental Auditorium in Washington. Written comments will be accepted until February 11, and those wishing to appear in person must notify OSHA by March 3. ' The Assistant Secretary also announced that an advisory committee will be appointed and asked to submit written recommendations to h i m concerning the proposals within 45 days from the publication of the notice in the Federal Register, ' Guenther also announced that the emergency standard for asbestos was being widened to include the ship repairing, shipbuilding, shipbreaking and longshoring industries. Announcement of the actions on asbestos will be published in the Federal Register January 11 Ci # # # 466 PROPOSED RULE MAKING DEPARTMENT OF LABOR Occupational Safety and Health Administration 1 CFR Part V9T01 STANDARD FOR EXPOSURE TO ASBESTOS DUST Notice of Proposed Rule Making - Section 6(c) of t i e WIlHam-Steiger Occupational Safety and Health. Act of 1970 (84 Stat. 1596; 29 UjS.C. 655) pro vides that upon the publication ci an emergency temporary standard In the Federal Recisieb. the Secretary of Labor shall commence a. rule making proceed ing in accordance with section 6(b) of the Act, and th at the emergency standard as published shall also serve as a proposed rule for the proceeding. An emergency temporary standard concern ing exposure to asbestos dust 'was pub lished In the F ederal Rxgisteb cm De cember 7, 1971 (33 F Jh 23207). Accord ingly, pursuant to section 6 (b) and (c) of the Williams-Steiger Occupational Safety and Health Act of 1970 (84 Stat 1593, 1596; 29 TJH.C. 655), 29 CFR 1910.4, and Secretary of Labor's Ordei No. 12-71 (36 FJEL 8754). it la herebj proposed to amend. 29 CFR Part 1910 as set forth below. The proposals Include the emergency temporary standard anc additional proposed rules on subsidiary issues. Interested persons axe invited to sub mit, both orally and. in writing, data views, and arguments concerning the proposals. Written data, views, and argument! may be mailed to the Office of Safety anc Health Standards, Room 305, 400 Fin? Street NW,, Washington, DC 20210, with in 30 days after the publication of tbii notice in the F ederal R e g is t e r The data views, and arguments will be avuilabl< for public Inspection and copying at ttw Office of Safety and Health Standards except .as to matters the disclosure o which Is prohibited by law. Oral data, views, and arguments wil be received by Hearing Examiner Arthu Goldberg, at a hearing beginning at 11 am . on March 14, 1972, in ConferencRoom B, Departmental Auditorium, I4tl Street and Constitution Avenue NW Washington, DC. Persons desiring to ap pear a t the hearing must fUe with th Office of Safety and Health Standards ; notice of Intention to appear, no late than March 3, 1972. The notice mus state the name and address of the per eon to appear, the capacity in which h Will appear, and the approximate asnoun of time required for his presenvatior The notice must also Include, or be ac companied by, a statement of the poet tion to be taken with regard to the pro posed rules. The oral proceedings shall be reporte verbatim, and transcripts shall be avail afele for inspection to any inlerg&ttftt-par aon an such conditions a the- presidin EEDERAl REGISTER, V O L 37, NO. 7-- WEDNESDAY, JANUARY 12. 1977 468 PROPOSED RULE MAKING wheels, and drills, shall be provided with local exhaust ventilation and dust col lectors in accordance with the American National Standard Fundamentals Gov erning the Design and Operation of Lo cal Exhaust Systems; ANSI Z9.2--1971. (3) Employees exposed to the spray ing of asbestos, to the demolition' of' pipes, structures, or equipment covered or insulated with asbestos, or to the demolition of insulating strippings, shall be provided with respiratory protective devices in accordance- with paragraph (c) (3) of this section. ' . (41 Asbestos cement, mortar, coatings, grout, and plaster shall be mixed in closed bags or other closed containers. (5) Asbestos waste and scrap shall be collected and disposed of in sealed bags or other closed containers. (6) Accumulation of asbestos dust ahaii be removed, as soon as practicable, and only by vacuum cleaners. - (e) Warning signs--(1) Posting. Warning signs shall be provided and displayed at each location where asbestos dust hasards are present. Signs shall be posted at least 50 feet in each direction from the location where the hazard is present, and at intervals of not more than 100 feet along each edge of the area where the hazard is present. (2) Sign specifications. The warning signs shall conform to the requirements for 20" x 14" vertical format signs speci fied in 1910.145(d) (2), and to this par agraph. The signs shall display the fol lowing legend in the white panel, with letter sizes and styles of a visibility at least equal to that specified In the nota tion in the following column to the right: Legend: Asbestos ___ N o ta tio n 1" Sans Serif Gothic or Lust Hazard. Block. % " Sana Serif Gothic or Block. Follow th e se ____ Ya " G othic. Safety and H ealth Sana Serif R u les. Gothic or Block. X. Avoid b re a th in g Ya " G othic. dust. 2. w ear your Ya " G othic. respirator. 3. Do n o t rem ain la V4" G othic. area unless your work requires It. A s b e s t o s d u s t m ay 14 p o in t G othic. cause asbestos Is, a sever lung disease, a n d Is Im plicated In tho development ot certain cancers. Con tro l of exposure to asbestos dust helps protect against these hazards. (3) Spacing. Spacing between lines shall be at least equal to the height of the upper of any two lines, except that the spacing between "Following these" and "Safety and Health Rules" shall be at dust in excess of the limits specified in paragraph (c) (3) of this section shall be monitored in accordance with this paragraph. (1) Method. Dust samples shall be col lected from within the normal breathing zone of the employees in their normal working posture. Employees wearing res piratory protective- devices shall have the sample taken from a point located on the exterior of the respirator facepiece. Ciil Procedure. The sampling proce dure shall be such as to permit the de terminations required by paragraph (a) of this section. (iii) Sampling duration. The sampling duration shall be for a period of not less than 15 consecutive minutes. (iv) Sampling frequency. Sampling periods shall be of such number and pattern as to represent accurately the exposure of the employees over their working period. (2) Environmental. Environmental monitoring shall be conducted in all areas in which employees are exposed to concentrations of asbestos dust in excess of the limits specified in paragraph (a) of this section. ' (1) Method. Asbestos dust samples shall be collected from areas which are representative of the concentration of airborne asbestos dust which may reach the breathing zone of exposed employees. (ii) Procedure. Sampling procedure shall be such as to permit the determina tions required by paragraph (a) of this section. (iii) sampling duration. Sampling du ration shall be for a period of not less than 15 consecutive minutes. (iv) Sampling frequency. Sampling periods shall be of such number and pattern as to represent accurately the exposure of the employees over their working period. - (g) Medical examinations. The em ployer shall provide, or make available at his cost, appropriate medical exami nations an a periodic basis to any em ployee who is exposed to asbestos- dust in excess of the limits specified to para graph (a) of this section. (h) Records. (1) Every employer shall maintain records of the personal and environmental monitoring, and of the medical examinations, required by para graphs (f) and (g) of this section. Such records shall be maintained for at least 20 years.' - (2) The records of monitoring shall be made available for inspection and copying to the Secretary of Labor and to his designated representatives. (3) The records of medical examina tions shall be made available only to the Secretary of Labor, to the Secretary of Health, Education and Welfare, to desig nated representatives of either of them, and, at the request of the employee or former employee examined, to his physician. least 9. A new I 1910.19 is p ro p o sed to b e (f) Monitoring-- (1) Personal. Emadded to Subpart B, reading as IoIIowb; ployees engaged in the particular opera 1910.19 Asbcatos dust. tions or using the particular tools speci fied in paragraph (d) of this section, or Section 1910.93a shall apply to the ex exposed to concentrations of asbestos posure of every employee to asbestos dust in every employment and place of em ployment covered by i 19X0.12, 1910,13, 1910.14, 1910.15, or 1910.16 oi this Sub part B, in lien of any different standard on exposure to asbestos dust which would otherwise be- applicable by virtue of any of those sections. - (See. 6, 84 sta fc 1E93-, 2 TXS.C. 855. 29 C F B . 1910.4; Secretory at Lab o r's Order N o . 1 X -H ,, 38 FJB_a7544 ; Signed at Washington, D.C.. this- 6th day o f January la"?. " - - ' 'G..ClGttenthxe. '" ' - AssistantSecretary of Labor. [P S D o c . l72-402 F U e d J --1L-72;8 :4S a sa ]`: > - J- ' -' - -- fEDERAt REGISTER, V O L 37, NO. 7-- WEDNESDAY1, JANUARY 12, 1972 332 RULES AND REGULATIONS ' Title 29-- LABOR^ Chapter XVI!-- Occupational Safety and Health Administration, De partment of Labor PART 1910-- OCCUPATIONAL SAFETY AND HEALTH STANDARDS Standard for Exposure to Asbestos Dust in Ship Repairing, Shipbuild Ing, Shipbreaking, and Longshoring Pursuant to section 6(c) of the Wil' llams-Steiger Occupational Safety and Health Act of 1970 (84 Stat. 1596; 29 U.S.C. 655) and Secretary of Labor's Order No. 12-71 (36 PH. 8754), 29 CFR 1910.13. 1910.14. 1910.16. and 1910.18 are hereby amended as set forth below, in order to prescribe an emergency tem porary standard concerning the exposure ' of employees to asbestos dust. Sections 1910.13, 1910.14, 1910.15, and 1910.18 adopt, and extend the applica bility of, maritime safety and health standards originally published in 29 CFR Parts 1501, 1502, 1503, and 1504, now re designated as 29 CFR Parts 1915, 1910, 1917, and 1918 (see 38 FH. 25232). Those standards permit the exposure of em'ployees to concentrations of asbestos dust so high as to constitute a great danger to the employees. The immediate adop tion of the emergency temporary stand ard set forth below, which Is the same as that promulgated for Industries In gen eral on December 7,1971 (38 PH. 23207) Is necessary to protect employees from that danger. In addition. 29 CFR 1910.93a (36 FH. 23208) is amended by correcting a cleri cal error in paragraph (g) thereof. Part 1910 of Title 29 of the Code of Federal Regulations is amended as , follows: 1. In 5 1910.13, a new paragraph (c) is added, reading as follows: . 1910.13 Ship repairing. . * * ` * (c) The standards prescribed in 3 1910.93a shall apply in the case of ex posure of any employee to asbestos dust. In lieu of any different standards other wise required by Part 1915 of this chap ter (formerly Part 1501 of this title). 2. i n 1910.14, a new paragraph (c) is added, reading as follows: 1910.14 Shipbuilding. " * * * (c) The standards prescribed In $ 1910.93a shall apply in the case of the exposure of any employee to asbestos dust, in lieu of any different standards otherwise required by Part 1918 of this chapter (formerly P art 1502 of this title). 3. In } 1910.15, a new paragraph (c> ' Is added, reading as follows; 1910.15 Shipbreaking. * * (e) The standards prescribed in 3 1910.93a' shall apply In the case of ex posure of any employee to asbestos dust, In lieu of any different standards other wise required by Part 1917 of this chap ter (formerly Part 1503 of this title). 4. In 31910.16, a new paragraph (c) is added, reading as follows: 1910.16 Longshoring. * . (c) The standards prescribed in 3 1910.93a shall apply In the case of ex posure of any employee to asbestos dust, in lieu of any different standards other wise required by Part 1918 of this chap ter (formerly Part 1504 of this title). 5. In 1910.93a (36 PH. 23208). para- . graph (g) is revised to read as follows: 1910.93a Asbestoe dust. (g) All cleanup of asbestos dust shall be performed by vacuum cleaners. No dry sweeping or blowing of dust shall be performed. (Bee. 8 ( c ) , 34 S ta t. 1898; 29 TTJ3.C. 668. Sec- ' ro ta ry ' O rd e r No. 12-71, 36 F-H. 3754) Effective date. These amendments shall become effective Immediately upon publication in the Fsdehal Bsaisrxa (1-11-72). Signed at Washington, D.C., this 6th day of January 1972. O. C. GuximrxB, Assistant Secretary of Labor. [F R Doc.73--401 F iled 1-10-72; 3:49 a m ] FEDERAL REGISTER, V O L 37, NO. 6-- TUE5DAY, JANUARY 11, 1972