Document ByZzoxXn49wojYvJX93LVen08

T ' 1 J United & Corpcmitkm To: General Superintendents, Plant Managers and Attendees at OSHA Regional Meetings Interorgonizstion Correspondence Oste: July 3 , 1972 From: Kenneth M. Morse, Director Environmental Health Subjoct: Proposed Permanent Asbestos Standard OSHA published its permanent (final) Standard for Exposure to Asbestos Dust, in the Federal Register of June 7, 1972. A copy of this standard is enclosed for,your informa tion. We suggest your thorough review of this standard due to the highly restrictive requirements that are established. It is further suggested that you inventory your uses of asbestos compounds as to location, jobs and quantity used per month or year in order to establish a priority list of jobs and areas for monitoring. We are indicating below the pertinent aspects of this standard. 1. Permissible Maximum Dust Exposure a. As of July 7, 1972, the 8-hour time-weighted average exposure is limited to 5 fibers per milliliter of air for dust not exceeding 5 micrometers in length. However, as of July 1, 1976, the limit is reduced to 2 fibers per milliliter. b. While a time-weighted average is determined over an 8-hour work period, the dust concen tration to which a worker is exposed cannot exceed 10 fibers per milliliter for anv period of time (ceiling value). c. This standard applies to the use of any type of asbestos. 2. Methods of Compliance r Feasible technological controls and appropriate work practices must be the primary means of controls. Rotation of employees is allowed only in stated exceptional circumstances. The use of respirators and shift rotation of employees will be limited. The methods for controls consist of, but are not limited to, the following: ' PLAINTIFF'S EXHIBIT USX-I165 2- - a- Engineering Controls (1) Dust collection systems of the local exnaust ventilation The design criteria for such systems is the American National Standard Fundamentals Covering the Design and Operation of Local Exhaust Systems (ANSI Z9.2-1971). (2) Particular Tools __ All tools which release~dust in excess of the exposure limits when used on asbestos must be equipped with local exhaust ventilation. b. Work Practices (1) Wet methods must be used, when handling asbestos, to preclude excessive dust exposure, unless the usefulness of the product would be diminished. (2) Asbestos products cannot be removed from containers in which they are shipped un less they are wetted, or enclosed, or ventilated. (3) Employees engaged in spraying asbestos, the removal, or demolition of pipes, structures or equipment covered or in sulated with asbestos, or demolition of asbestos insulation or coverings, shall be provided approved respiratory equip ment and special clothing. Personal Protective Equipment a. Respirators and shif-t, rotation of_ workers are permitted only under the following conditions: (1) During the period necessary to install engineering controls and the changes in work practices. (2) Where the work practices, as listed above , are not feasible or cannot reddce the dust to within the exposure limits. -3- (3) In emergencies (4) Where both respirators and personnel rotation are allowed, the latter shall be preferred. b. The types of air-purifying respirators allowed are based upon the dust concen tration to which an employee is exposed and must be of tjie types approved by the U. S. Bureau of Hines (USBM)--and the _ National Institute of -Occupational Safety and Health (NIOSH). (1) When the employee may be expected to receive an exposure no more than 10 times the exposure limits, a reusable or single use air purifying respirator of the non-powerea or supplied air type may be used. (This is the commonly used mechanical filter type.) (2) When the exposure is expected to be be tween 10 to 100 times the exposure limits, a full face piece, oral-nasal, or continuous flow or pressure-demand types of supplied-air respirators must be used. (3) When the exposure is expected to be in excess of 100 times the exposure limits, only the supplied-air respirators of the continuous flow or pressure-demand class can be used. These are now classed by USBM and NIOSH as Type "C". (4) A respirator program must be established by the employer in compliance with the American National .Standards Practices For Respiratory Protection (ANSI Z88.2- 1969). r If an employee cannot function normally when wearing a respirator, as determined by a physician from the employee's most recent examination, he must be rotated to another job or provided the opportunit for a job transfer. The job to which, he -4- may be rotated or may transfer must be in the same geographical area and with the same seniority, status and rate of pay. c. Special Clothing Protective clothing must be provided to employees exposed to a dust concentration in excess of the "ceiling value" (10 fibers per milliliter). The use of such clothing must be required by the employer. d. Change Rooms ' ' (1) Change rooms for employees regularly employed must be provided when employees have dust exposures in excess of the exposure limits. (2) Two separate lockers, or containers, must be provided for each employee ex cessively exposed to dust. They must be separated, or isolated, to prevent con tamination of street clothes. (3) Laundering Clothing (a) Laundering of asbestos contaminated clothing must be done. It appears that such laundering shall be the responsibility of the employer but it is not so stated. (b) The employer must notify the person to whom he gives clothing for laundering that it shall be done in a manner preventing exposures in ex cess of the exposure limits.. (c) Contaminated clothing must be trans ported in properly labeled closed impermeable containers. Measurement of Asbestos Dust a. Method Asbestos dust surveys will be conducted by Headquarters-Environmental Health for the present, due to the detailed procedure which such a survey involves. Requests for such survey should be directed to K. M., Morse, Director of Environmental Health. b. Monitoring Requirements (1) Initial Survey: Within six months a survey must be conducted to de termine the exposure of every em ployee to asbestos dust. If the exposure limits are exceeded, a control program, as herein indicated must be immediately initiated. (2) Periodic Survey; At least every six months for all employees who may be reasonably expected to have exposures exceeding the exposure limits. (3) Personal and Area Samples: Both per sonal and area air samples are required. Mo significant reason for both appears justified. Exposures of workers are best determined by having workers wear battery-operated sampling devices {per sonal samplers) which provide a timeweighted concentration to which the wearer is exposed. If this sampling is done, area sampling would be superflu ous. c. Employee Observation of Monitoring Affected employees, or their representa tives , must be given a reasonable oppor tunity to observe monitoring and shall have access to the records thereof. Caution Signs and Labels a. Posting of Asbestos Areas Caution signs of prescribed specifica tions must be posted at all approaches to areas containing excessive concen trations of dust and at each location where dust may be-.excessive.-- b. Labels Caution labels are required on all asbestos containing materials or on their containers except when a bonding agent is used to pre vent in any foreseeable use, airborne dust in excess of the exposure limits. Speci fications for such labels are prescribed. 6- - 6 Housekeeping a. Cleaning All external surfaces must be main tained free of accumulations of asbestos fibers if their dispersion could result in an excessive dust concentration. b. Waste Disposal Asbestos waste, containers and con taminated clothing snail be collected and disposed of in sealed or closed impermeable containers if its handling may produce excessive dust. 7. Recordkeeping a. Exposure records must be maintained on personal and area monitoring for a minimum period of three years and shall be available upon request to OSHA or NIOSH. b. Employee Access: Every employee or former employee shall have reasonable access to any record which indicates his exposure and is required to be main tained. c. Employee Notification: Any employee who has received an excess exposure must be notified in writing of such exposure within five days of the finding. 8. Medical Examinations a. Extensive medical examinations are re quired to be proyided, or made avail able, at the employer's cost. Head quarters-Medical is alerting plant physi cians on this program. b. Types of Medical Examinations: (1) Preplacement examinations within 30 calendar days following the first exposure of an employee. Such exami nation shall include a chest x-ray, medical history and pulmonary func tion .tests. -7- (2) Ori or before January 31, 1973, and at least annually thereafter, every exposed employee shall be provided, or have available to him, a comprehensive medical examination. (3) A comprehensive medical examina tion shall be provided, or made available to every exposed employee within 30 days before, or after termination of employment. - (4) No medical examination is required if records show such an examination within the past 1-year period. c. Records (1) Employers shall maintain complete and accurate medical records for at least 20 years. Such records shall be made available, for inspection, and copying, to OSHA, NIOSH, author ized physicians and medical con sultants of OSHA and NOXSH, and to the personal physician of employees or former employees if requested by such employees. (2) The employer shall be furnished all the medical information of the re quired medical examination by the physician who conducts same. mt uni? RULES AND REGULATIONS IT-F 72 1S3] ' PART ID--ARTICLES CONDITIONALLY FREE. SUBJECT TO A REDUCED RATE. ETC. -ree Withdrawal of Supplier and Equipment far Aircraft In accordance with section 309<d'. Tariff Act of 1930, as amended > 19 UJS.C. 1309*d< i, Uie Department ol Commerce has lound and tinder date of April 25. 1972. has advised the Treasury Depart ment that Poland' allows privileges to aircraft registered in the United States and encaged in foreign trade substan tially reciprocal to those provided for in sections 309 and 317 of the Tariff Act of 1930. as amended <19 V.C. 1309. 1317). The same privileges are therefore hereby extended to aircraft registered in Poland and engaged in foreign trade effective as of the date of such notification. Accordingly, paragraph <f) of 110.59, customs regulations, is amended by the insertion of Poland in appropriate al phabetical order and the number of this Treasury decision in the opposite col umn headed 'Treasury Decision's!" in the list of nations in that paragraph. (Sacs. 300. 317. 634. 46 Stat. 690. as amended. 696. as amended. 739. 19 C.S.C. 1309. 1317. 1634| (SKJU.1 Edwin F Rains. Acting Commissioner of Customs. Approved: May 25.1972. Ecccirc T. Rossrets. Assistant Secretary ot the Treasury. {Fit Dec 73-6378 Tiled 6-6-72.6 30 am) Title 29--LABOR Chapter XVII--Occupational Safety and Health Administration, Depart ment of Labor PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS Standard for Exposure to Asbestos Dust On December 7. 1971. an emergency temporary standard concerning exposure to asbestos fibers was published in the Feme at Recistek <36 Fit. 23207 >. In ac cordance with section 6'c) <3 of the William-Steiger Occupuional Safety and Health Act of 1970. a notice of proposed rulemaking regarding a permanent s'.andard for exposure to asbestos fibers was published in the Federal Register on January 12. 1972 <37 F.R. 466 . The no tice invited interested persons to submit both orally and in writing, data, views, and arguments concerning the proposal. On or about January 24. 1972. the Ad visory Committee on Asbestos Dust was established and requested to make writ ten recommendations with regard to the proposed standard on asbestos. On or about February 1. 1972. the Department or Health. Education, and Welfare trans mitted to the Secretary of Labor a cri teria document containing Recommenda- (tons lor an Occupational Exposure Standard for Asbestos by the National Institute for Occupational Safety and Heal ch NIOSH >. Public notice was given of the receipt of the recommendations and their availability lor inspection and copying. On or about February 25. 1972, the Advisory Committee on Asbestos Dust submitted its written recommendations to the Assistant Secretary of Labor for Occupational Safety and Health. Pursuant to the notice of rule making, a hearing was held on March 14 through 17.1972. for the purpose of receiving oral data, views, and arguments concerning the proposed standard. On or about March 31.1972. the presiding hearing ex aminer certified to the Assistant Secre tary of Labor for Occupational Safety and Health the record of the proceeding. The record includes prehesnng written comments, a transcript of the ofeal pres entations made at the bearing, and nu merous exhibits received during the course of the hearing or within the pe riod allowed after the close of the hearing. The proposed standard dealt with <1) permissible concentrations of asbestos fibers: <2> methods of compliance: (3) warning signs; (4! monitoring: (S> med ical examinations: and <6i recordkeep ing. Each of these major proposals elic ited comments, arguments, objections, and counterproposals. They all have been examined and considered. 1. Acceptable concentrations of asbes tos dost. The proposed standard would limit occupational exposure to 3-hour tune-weighted average (TWA! airborne concentrations of asbestos dust not ex ceeding five fibers longer than five micrometers per milliliter. Concentra tions above five fibers but not to exceed 10 fibers (ceiling concentration! would be permitted up to 15 minutes in an hour, but for not more than 5 hours in auy one S-hour day. . NIOSH in effect has recommended that the five-fiber TWA and 10-fiber peak concentrations be permitted only for 2 years: thereafter. TWA concentra tions should be not more than 2 fibers per cubic centimeter 'em.') of air. and peak concentrations should not exceed 10 flbers/cm.1. with no time restriction. Numerous objections and counterpro posal* have been made, with regard to both the limits of asbestos fiber concen trations and the time periods to comply with them. Some, for example, have rec ommended return to a 12-fiber standard of an earlier day; l.e.. a level adopted under the Walsh-Healey Public Con tracts Act in 1969. Others have recom mended a two-fiber standard to become effective in 6 months, then a one-fiber standard for 2 years, and finally a zero- fiber standard after 3 years. These rec ommendations give a fair indication of the wide spread of the counterproposals. No one has disputed that exposure to asbestos of hicfi enoueh intensity and long enough duration is causally related to asbestosis and cant ers. The dispute is as to the determination of a .specific level below which exposure is safe. Various studies attempting to establish quantita tive relations between specific levels of exposure to asbestos fibers and the- ap pearance of adverse bioloctial manifes tations. such as asbestosis. lung cancers, and mesothelioma, have given rise to controversy as to the validity of the measuring techniques used and the relia bility of the relations attempted to be established. Because of the long lapse of time between onset of exposure and biological manifestations, we have now evidence of the consequences of exposure, but we do not have. In genera!, accurate measures of the levels of exposure oc curring 20 or 30 years ago. which have given rise to these consequences. There are also controversies concerning the relative toxicity of the various kinds of asbestos, and varying hazards in dif ferent workplaces. It is fair to say that the controversy has centered in the area between a twofiber TWA-concentratlon and five-fiber TWA concentration, with"variations on the time Heeded lor compliance. Many employers support a five-fiber TWA. Most medical opinion is divided between a two-fiber standard and a five-fiber standard. In view of the undisputed grave con sequences from exposure to asbestos fibers, it is essential that the exposure be regulated now, on the basis of the best evidence available now. even tnough it may not be as good as scientifically de sirable. An asbestos standard can be re evaluated In the light of the results or ongoing studies, and future studies, but cannot wait for them. Lives of employees are at stake. It is concluded that there should be one minimum standard of exposure to asbestos applicable to all workplaces ex posed to any kind, or mixture of kinds, of asbestos. Reasons of practical ad ministration preclude a variety of standards for different kinds of asbestos and of workplaces. Also, while the evidence tends to show that xrocidolit* for in stance. is more harmful than rhrvott!o. the evidence Is not sufficient to establish separate standards for varieties of asbestos* Because there must be one standard governing exposure to all vsrietier- of asbestos, and in workplaces apparently more hazardous than others: because some present employees with regular xposure to asbestos have probaolv al ready accumulated great doses of asbes tos fibers, due to higher levels u: ex posure in the post; because it ai-.x'nr that levels of exposure wiiicii mav or safe with regard to asbestosis are no*, safe with regard to mesothelioma: be cause the statute requires, the prote: non of every employee, even of one who may have regular exposure to asbestos curing a working life which may reach, or c' cn exceed. 40 years: and because of social other considerations which have been urged and are reflected in the recorn of the proceeding, the conflict m the :. ca,cal evidence is resolved In fiivi-r r.; ihc health ol employee... As of Ji:;*- ; ''~.r TWA concentrations 61 osbesic- lflHf*rr <h,n S micrometers w.:'. .? alJo%cLui .exceed twp_fiLtES-^r - ~i ceiling value oi 10 fibers cc The ru: rent TWA concentrationof five Mbr-- .uid FEDERAL REGISTER. VOl. 37, NO. 110--WEDNESDAY JUNE 7. 1972 RULES AND REGULATIONS nr.;;i rnnrintrpft""- Jn rr . fibers, so that these would not be released will 1>e permitted "tn .inly ' ,0,T" in the normal use of the products, should ing will >ie a tra^tlantl nerlnii not be required to be labeled: and <Z) deemed necessary to allow employer* to words such as "danger" and "cancer" are make the needed changes for coming unwarrantedly alarming. 6. Records. The standard, a? proposed and as adopted, requires maintenance of records of monitoring and of medical examinations. Most of the controversy in this area has revolved around the ques into compliance with the more stringent Both contentions have merit, and the tion whether an employer should be al standard. standard has been changed accordingly. lowed to have access to the results of The record shows that the many work 4. Monitoring. The proposed standard the required medical examinations. The operations subject to the single asbestos would have required personal monitor apprehension of those who have argued standard (textile, manufacturing, indus ing and environmental monitoring. against employer access is based on the trial. and marine Installation, etc.) will Many issues have been raised concerning expectation that some employers will use meet varying degrees of difficulty in the availability and reliability of meas the medical examinations as a means of complying -with the standard. In some uring instruments, frequency of moni screening employment applicants, and plants, extensive redesign and reloca toring. and conditions in which monitor worse, as grounds for discharging current tion of equipment-may be needed. It ap ing should be required. The adopted employees, who show signs of being af pears. however, the delay In the effective standard takes' the objections into con fected by exposure to asbestos. Since the date of the two-flber standard win pro sideration. It requires periodic monitor purpose of the medical examinations is vide all employers a reasonable time to ing at intervals no longer than 6 months, to monitor the health of employees ex comply. At the same time, so long as the thus allowing considerable time and dis posed to the hazards of abestos. em ceiling limit Is compiled with, no harm cretion. and prescribes the use of the ployees cannot in reason be granted the is reasonably expected to result from ex membrane filter method,-which is an ac privilege of refusing to'disclose to their posures during the transitional period. ceptable method for determination of eiSTployers results of occupational expo- 2. Methods of compliance. It has been pointed out by many persons, that pro tection against asbestos fibers Is best obtained by controlling the generation of fibers first, and secondly, by controlling the dispersion of released fibers into the ambient air of the workplaces. Therefore, the standard requires feasible techno logical controls and appropriate work practices as the primary means of com pliance. Rotation of employees as a way of meeting the TWA concentration re quirement is allowed only in stated ex ceptional circumstances, because, as a general rule. It would be difficult to im plement. Personal protective equipment, such as respirators, cannot be relied upon because, among other reasons, they may be so uncomfortable as to be bur densome. except for short periods of time. Therefore. It is expected that res pirators and shift rotation will be used during the period necessary to install en gineering controls and to train employ ees in sound work practices, but after technological compliance has been achieved, their use must be limited to special work situations and emergencies. Where both are practicable, shift rota tion is required. 3. Labeling. The proposed standard stopped short of requiring labeling as bestos snd asbestos-containing products. The proposed standard would have re quired only warning signs at locations where asbestos hazards are present. asbestos fibers. It has also been recommended that employees or their representatives should have an opportunity to observe the monitoring. The recommendation has been accepted. 5. Medical examinations. The pro posed standard would only require an appropriate medical examination on a periodic basis. The generality of the pro posal has attracted many objections and also many helpful comments. The recom mendations of NIOSH and of the Advi sory Committee on Asbestos Dust were much more specific with respect to both frequency and type of medical examina tions to be required. The comments vary as to the class of employees to be ex amined and as to the frequency of the examinations. The adopted standard requires medical examinations both at the beginning and the termination of employments exposed to concentrations of asbestos fibers, and also requires annual medical examina tions of every employee exposed to air borne concentrations of asbestos. It has been pointed out that in certain indus tries. such as construction, an employee may work for several employers during the same year. Accordingly, the standard does not require either preemployment, or termination, or periodic fexaminaton of any employee who has been examined in accordance with the standard within the past year. sum. It does not make sense to require employers to provide medics! examina tions 11 they cannot know and use the results of the examinations. For these reasons the standard provides that em ployers may have a restricted access to some medical Information. On the other hand, there is no inten tion to allow employers to abuse medic*; information obtained pursuant to the Act, to the detriment of employee;. Therefore; the administration of the medical records requirement will be closely watched, and. In crises of abuse, appropriate action will be considered. The issues discussed above are believed to be the major ones. Numerous other is sues have been raised in the rulemaking proceedings. Some have been referred to Incidentally. Many recommendations, for instance, about work practices, are so obviously meritorious that their adop tion needs no exposition here. Other recommendations and many objections have not been adopted for a variety of reasons which should be manifest. Sev eral, lor Instance, have reton-mended the use of respirators only pursuant to a variance, or in cases of emergency and occasional short-term exposures. The recommendation with respect to vari ances undoubtedly has many merit;, but is considered administratively im practical. Accordingly, after consideration of t.-.r However, labeling, rather than warning signs, has proved to be a point of con troversy. Both NIOSH and the Advisory Committee on Asbestos Dust recom mended labels for asbestos products and One question which has been raised goes to whether the employer or the em ployee should be allowed to choose the examining physician. The standard gives the option to the employer. Since whole record of the proceeding, ar.d pursuant to sections 6 <b and <c- and 8(c) of the Wllliams-Steifrcr Occupa tional Safety-and Health Act of 1970 <64 containers, and these recommendations some employers already have a medical SUt. 1593. 1596. 1599: 29 C.S.C. 655. became very controversial in the course examination program in operation, and. 657). 29 CFR 1910.4. and to Secretary of of the proceeding. Many counterpro proposals have been made as to the lan guage of the warning as well as to the products to be subject to the labeling requirements. Employers, tn general, also, have medical departments "with some expertise In the diagnosis of abestos-related diseases. It seems more reasonable to permit them to utilize the present programs and expertise, than to Labor's Order No. 12-71 (36 FJR.. 8754'. Part 1910 of Title 29 of the Code of Fed eral Regulations is amendeo as set forth below. strongly contend that (1) finished prod permit an employee to choose a private (1) Section 1910.93 Is amended b> re ucts which effectively entrap asbestos general practitioner. vising Table G-3 to read as follow.-: FEDEtAL KEGISTEK. VOL 37, NO. 110--WEDNESDAY. JUNE 7, 1971 11320 RULES AND REGULATIONS | 1910.*>3 Air contaminant*. to which any employee may be exposed <d> Personal protective equtpmrni-- m m TlklC O-J- MlNtkSL Doim shall not exceed two Abets, longer than <1> Compliance with the exposure limits 5 micrometers, per cubic centimeter of prescribed by paragraph <bi of this sec air. as determined by the method pre tion may not be achieved by the use of BahkUim Mutter scribed in paragraph <e> of this section. respirators or ahlft rotation of em (3) Ceiling concentration. No em ployees. except: < n-it'kii*' .i *r *f~ filnJM-j... <411 ** (u*+ .. rrfeloUaltU' Om KIM., valor taknlaiarl Inn Ur* rvunl r Ml tomraikc tor quart*. TfKirmatc: Use H Utt Tata* MinlRM Crum U*l*ri.tnlt* fee quart*- A?<*.i:-'r*:*vJn*M.hUcNiiuNi dmurdtui'*.....t.u..t.a..l. J3rti saio.i-t 7i ployee shall be exposed at any time to airborne cencentratlons of asbestos Khnc'M*1-* * *f5ibers in excess of 10 fibers, longer than %NOt+* 5 micrometers, per cubic centimeter of air. as determined by the method pre WMOi+t scribed in paragraph <e) of this section. (c) Methods of compliance--<1> En gineering methods. (1) Engineering con- trots. Engineering controls, such as. but not limited to. isolation, enclosure, ex haust ventilation, and dust collection, tonc^!1 shall be used to meet the exposure limits prescribed in paragraph (b) of this %aiOt section. <1) During the time period necessary to install the engineering control* and to Institute the work practices required by paragraph <e) of this section: `til In work situations in which the methods prescribed in paragraph <c> of this section are either technically not feasible or feasible to an extent insuffi cient to reduce the airborne concentra tions of asbestos fibers below the limits prescribed by paragraph ib> of tins section: or <till In emergencies. e:t:i.Mi:ii**t*r**nf'lmi.r.u.*.i.t:h..a..n..1.*.1..e..r.r.*.-...... Kf4|wMM........ 5# TritretkM....d...t.r..m.....B....l........................... 7W9 rtripkltf (attani1............. tl C Mat 4thoastn<t7r,fHonulrttk..(.i.v..u...m................. F * thany; SiO*. ............ *omrc M* lomr*M (U) Local exhaust ventilation. fa) Local exhaust ventilation and dust col lection systems shall be designed, con structed, Installed, and maintained in accordance with the American National Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems. ANSI ZS.2-1971. which Is in (iv> Where both respirators and per sonnel rotation are allowed, bv cuodiv.sions ft). (U>. or <iii of this' subpara graph. and both are practicable, person nel rotation shall be preferred and used. *2) Where a respirator Is permitted bv subparagraph G* of this paragraph. ;t shall be selected from among those ap 1* I*ifml MirN^h'ultl'tatiWctKlMHi5..l'....... 1ut&!tui..................... * r<S40r-W Smr M* 7* M* Sn i` 1tailor- -- bihicataeir:imu:*.>!*. sc*t*t tii Uwat imuucap in vhiefc athrr mt(M W a ba apptaahle O* AXi*4iHwfamoUn^tndbt yreaUc*mmtKrumttbtnr.an* 6lt-r metbail at ah catirmtfatMm aii-1 pwnl quarts for tl<* i imn f tbto ttmil at* to hr tfHi-rmifvsi fmm t pukinf a sut'trVcior %n* tt**- foftowttic rWx<tnMtei A?l\<*xu* flunnlrf i omi druuty prrraAt T***"C artreiar V3 1 Hi $ V S* hi V T r.-^UNi'Nit* ondrr tt i* t*nu 4*t n* Ur u*r ot k .if* irc**u***** II ili> r*ptf*tte Inimii at l cu : *! frt.r *! ilh i.MhF. Iht firti** l .'/.*< >4' M* .1. iu* bf c<mi dull it (.1 Mf M*. 2. A new I 1910.93a Is added to Part 1910. reading as follows: E 1V10.93a Abei*. a> Definitions. For the purpose of this section. fl) "Asbestos" includes chrysolite, amosiie. crocidolite. tremolite. anthophylhte. and actinolite. <2- "Asbestos fibers" tnearis asbestos fibers longer than 5 micrometers b> Permissible exposure to airborne concentrations of asbestos fibers--11 Standard effective July 7. 1972. The 8-hour time-weighted average airborne concentrations of asbestos fibers to which any employee may be exposed shall not exceed five fibers, loncer than 5 micrometers, per cubic centimeter of air. a.-, determined by the method pre scribed in paragraph (ei of this section. * 2 * Standard effective July 1. 1976. corporated by reference herein. proved by the Bureau of Mines. Depart <b< See J 1910.6 concerning the avail ment of the Intenor, or the National In ability of ANSI Z9.2-197I. and the stitute for Occunational Salt-tv ana maintenance of a historic file in connec Health. Department of Health. Educ..- tion therewith. The address of the Amer ican National Standards Institute is tion, and Welfare, und-r the provisions cf 30 CFR Part II <37 F\R. 6244. Mar 25. given in f 1910.100. _ (ill) Particular tools. All hand-op erated and power-operated tools which 1972'. and shall be used In accordance with subdivisions M*. <ii). Mill, and nv of this subparagraph. may produce or release asbestos fibers In excess of the exposure limits pre <1> Air purifying respirators. A reusa ble or single ue air purifying respirator, scribed in paragraph (b> of this section, or a respirator described in subdivision such as. but not limited to. saws, scorers, lit or iiii of this subparagraph, shall abrasive wheels, and drills, shall be pro vided with local exhaust ventilation sys tems in accordance with subdivision uii be used to reduce the concentrations of airborne asbestos fibers in the respirator below the exposure limits prescribed in of this subparagraph. paragraph fb* of this section, when the (2i Work practices---t) Wef methods. Insofar as practicable, asbestos shall be handled, mixed, applied, removed, cut. scored, or otherwise worked In a wet state sufficient to prevent the emission of airborne fibers in excess of the ex posure limits prescribed in paragraph of this section, unless the usefulness of. the product would be diminished thereby. <U Particular products and opera tions. No asbestos cement, mortar, coat ing. grout, plaster, or similar material containing asbestos shall be removed from bags, cartons, or other containers In which they are shlpiied. without being either wetted, or enclosed, or ventilatedso as to prevent effectively the release of airborne asbestos fibers in excess of the limits prescribed in paragraph rof this section. (Ill) Spraying, demolition, or removal. Employees engaged in the spraying of asbestos, the removal, or demolition of pipes, structures, or equipment covered or insulated with asbestos, and in the removal or demolition of asbestos in sulation or coverings shall be provided with respiratory equipment in accord ance with paragraph id M2 Mini of this section and with special clothing in ac ceiling or the 8-hour time-weighted aver age airborne concentrations of asbestos fibers are reasonably expected to exceed no more than 10 times those limit'. (It) Powered air purifying respirators. A full facepiece powered air purifying respirator, or a powered air purifying respirator, or a respirator describee m subdivision >lii> of this subparagraph, shall be used to reduce the concentra tions of airborne asbestos fibers in the respirator below the exposure limit.-* pre scribed in paragraph *b> of this sr--.:ott. when the ceiling or the 8-hour utnt- weighted average concentration- of asbestos fibers are reasonably expei '.i f to exceed 10 times, but not 100 t:m-. -those limits. -- fill) Type "C" supplicd-air resp:-:-: continuous flow or pressure-demand dass. A type "C" continuous flow or pres sure-demand. supplied-air respirator shall be used to reduce the concentra tions of airborne asbestos fibers m the respirator below the exposure limit* pre scribed in paiagTaph fb> of this se;:..>r,. when the ceiling or the 8-liour tn.i weighted average airborne concert" - lions of asbestos fibers are rea...-.T.-b.v expected to exceed 100 times those lixi::.- <iv i Establishment of a respirator jt-i- T1-- --hour time-weighted average air- cordance with paragraph id><3> of this gram ia> The employer shall establish bt concentrations of asbestos fibers section. a respirator program ih accordance a :tn fEOEtA.1 gECISTE*. VOt. 37. NO. 110-WEDNESDAY. JUNE 7. 1972 RULES AND REGULATIONS 11321 :hc recuirements of the American Na;or.a: Standards Practices for Respira tor.' Protection. ANSI Z88.2-IW69. which is incorporated by reference herein. b. See f 1810.6 concerning the avail ability of ANSI Z88JZ-1869 and the main where asbestos fibers are released to be monitored in such a way as to determine whether every employee's exposure to asbestos fibers is below the limits pre scribed in paragraph (b> of this sec tion. If the limits are exceeded, the em tenance of an historic file in connection ployer shall immediately undertake a therewith. The address of the American compliance program in accordance with National Standards Institute is given in paragraph tc) of this section. { 1910.100. (2) Personal monitoring-- Sam <c> No employee shall be assigned to ples ybafi be collected from within the ni requiring the use of respirators if. breathing cone of the employees, on based upon his most recent examination, membrane filters of 0.8 micrometer poan examining physician determines that rossity mounted in an open-face filter the employee will be unable to function holder. Samples shall be taken for the normally wearing a respirator, or that determination of the 8-hour timethe safety or health of the employee or weighted average airborne concentra other employees will be impaired by his- tions and of the ceiling concentrations of use of a respirator. Such employee shall asbestos fibers. be'rotated to another job or given the <li> Sampling frequency and patterns. opportunity to transfer to a different po After the initial detenniifgtions required sition whose duties he is able to perform. by subparagraph (I) of this paragraph, with the same employer, in the same ideo samples shall be of such frequency and graphical area and with the same senior pattern as to represent with reasonable ity. status, and rale of pay he had Just accuracy the levels of exposure of em prior to such transfer, if such a different ployees. In no case shall the sampling be position is available. _ done at intervals greater than 6 months <3i Special clothing: The employer for employees whose exposure to asbestos shall provide, and require the use of: spe may reasonably be foreseen to exceed cial clothing, such as coveralls or similar the limits prescribed by paragraph <b) whole body clothing, head coverings, of this section. gloves, and foot coverings for any em <3 Environmental monitoring--<11 ployee exposed to airborne concentra samples shall be collected from areas of tions of asbestos fibers, which exceed the a work environment which are represent ceiling level prescribed in paragraph ative of the airborne concentrations of of this section. asbestos fibers which may reach the <4i Change rooms: i< At any fixed breathing sene of employees. Samples place of employment exposed to airborne shall be collected on a membrane filter concentrations of asbestos fibers in ex of 0.8 micrometer porosity mounted In cess of the exposure limits prescribed in an open-face filter holder. Samples shall paragraph of this section, the em be taken for the determination of the 8- ployer shall provide change rooms for hour time-weighted average airborne employees working regularly at the place. concentrations and of the ceiling con ii> Clothes lockers: The employer centrations of asbestos fibers. hn provide two separate lockers or con <iii Sampling frequency and patterns. tainers for each employee, so separated After the initial determinations required or isolated-as to prevent contamination by subparagraph <li of this paragraph, of the employee's street clothe- fiom his samples shall be of such frequency and work clothes. pattern as to represent with reasonable <iii> Laundering: <ai Laundering of accuracy the levels of exposure of the asbestos contaminated clothing shall be employees. In no case shall sampling be done so as to prevent the release of air at intervals greater than 6 months lor borne asbestos fibers in excess of the ex employees whose exposures to asbestos posure limits prescribed in paragraph <b) may reasonably be foreseen to exceed of this section. the exposure limits prescribed in para Any employer who gives asbestos- graph <bi of this section. contaminated clothing to another person <41 Employee observation of monitor for laundering shall inform such person ing. Affected employees, or their rep of the requirement in <a> of this subdi resentatives. shall be given a reasonable vision to effectively prevent the release opportunity to observe any monitoring of airborne asbestos fibers in excess of required by this paragraph and shall have the. exposure limits prescribed In para access to the records thereof. graph <bi of this section. <g< Caution signs and labels.~(i) "Cau to Contaminated clothing shall be tion signs. <ii Posting. Caution signs transported in sealed impermeable bags, shall be provided and displayed at each or other closed. Impermeable containers, location where airborne concentrations and labeled in accordance with para of asbestos fibers may be in excess of the graph <g> of this section. exposure limits prescribed in paragraph <e> Method of measurement. All de <bi of this section. Signs shall be posted terminations of airborne concentrations at such a distance from such a location of asbestos fibers shall be made by the so that an employee may read the signs membrane filter method at 400-450 X (magnification) <4 millimeter objective) with phase contrast illumination. <ti Monitoring--<1) Initial determi nations. Within 6 months of the publi and take necessary protective steps be fore entering the area marked by the signs. Signs shall be posted at all ap proaches to areas containing excessive concentrations of airborne asbestos fibers. cation of this section, every employer <lt) Sign specifications. The warning shall cause every place .of employment aigns required by subdivision <1) of this subparagraph shall conform to the re quirements of 20" x 14" vertical format signs specified in 5 1910.145-d-<4i. and to this subdivision. The signs shall dis play the following legend in the lower panel, with letter sizes and styles of a visibility at least equal to that specified in this subdivision. Legend Asbestos___________-- Dust Hazard. Avoid Breathing Dust... Wecr Assigned Protective equipment. Do Not Remain In Area Unless Tour Work Re quires It. Brasthing Asbestos Dust slay Be Harstdous- To Tour Health. A'atation 1" Saiu Senr. Gothic or Block. *" Sans Serif. Gothic or Block. Gothic. " Gothic. U" Gothic. 14 point Goth;-.*. Spacing between lines shall be at Jeart equal to the height of the upper of any two lines.- <2> Caution labels--<ii Labeling Cau tion labels shall be affixed to all rnv.materials, mixtures, scrap, watte, debris, and other products containing asbestos fibers, or to their containers, except ih;.; no label is required where abestos fibers have been modified by a bonding agent, coating, binder, or other material sc that during any reasonably foreseeable use. handling, storage, disposal, processing, or transportation, no airborne concentra tions of asbestos fibers in excess of the exposure limits prescribed in paragraph <b< of this section will be released. <iii Label specifications. The caution labels required by subdivision *i> of this subparagraph shall be printed in letteis of sufficient size and contrast as to be readily visible and legible. The label shaJ! state: Cavtios Contains Asbestos FIImcs Avoid Creatine Dust Breaming Asbestos D-.ut May ru Serious Bodily Harm <h< Housekeeping--<li Cleaning. All external surfaces in any place of employ ment shall be maintained free of accu mulations of asbestos fibers if. with-their dispersion, there would be- ail excessive concentration. <2 Waste disposal. Asbestos waste, scrap, debris, bags, containers, equip ment. and asbestos-contaminated c:othing. consigned for disposal, which may produce in any reasonably foreseeable use. handling, storage, procc.vcny. dis posal. or transportation airborne concen trations of asbestos fibers in excess of tl.e exposure limits prescribed in paragraph <bi of this section shall be collected and disposed of in Sealed impermeable bag.-., or other closed, impermeable containers. <1 Recordkeeping--<1 Exposure rec ords. Every employer shall maintain rec ords of any personal or enviroi.mentalmonitonne required by the. section Rec ords shall be maintained for a pence of at least 3 years and shall be n.ace avail able upon request to the Assb-tant Secre tary of Labor lor Occupational Safety and Health, the Director of the National FEDERAL REGISTER. VOL 37, NO. 110--WEDNESDAY. JUNE 7. )T7 RULES AND REGULATIONS for OccunMioruii Safety anti tion . Records shall b<: retained by Instruction section has been rcw.sec ac H-ulwi. ftiitl to buu.ornvrti r>- employers for at least 20 year.*. cordingly. Minor editorial change*, have uvc:. either ii Access. The contents of the rec also been made. <2> Emjiltivf oc< Every employee ords of the medical examinations 1. Section 9--1.101 Scope of iubpari j., id former einplote.. - hall have reason* required by this paragraph shall be made revised to read as follows: .oic access to any record required to be maintained by subparagraph < 1t of this paragraph, which' indicates tlie em* p.'oycc s own exposure to asbestos fibers. <31 Employee notification. Any em* found to have been expo.->ed at any i.ri.e *.<> airoomc concentrations of asbes tos finer* m excess of the limits pre scribed in paragraph <bi of this section shai: be noufled in writing of the expo(iire as soon as practicable but not later riian 5 days of the finding. The employee snai: also be timely notified of the cor rective action being taken. j Medical examinations--'11 Gen era/ The employer shall provide or make available, for inspection and copying, to the Assistant Secretary of labor for Occupational Safety and Health, the Director of NIOSH. to authorized physi cians and medical consultants of either of them. and. upon the request of an em ployee or former employee, to his physi cian. Any physician who conducts a medical examination required by this paragraph shall furnish to the employer of the examined employee all the infor mation specifically required by this paragraph, and any other medical in formation related to occupational ex posure to asbestos fibers. 9--1.101 Scope of Mlhpurt. This subpart describes the Atomic Energy Commission Procurement Regu lations and the AECPR Temporary Reg ulations. It also describes exclusions from the AECPR as contained in tha AEC Procurement instructions. 2. Section 9-1.102 Establishment of AEC Procurement Regulations, is revised to read as follows: 9--1.102 Eilalili-luncnt of llic AEC Procurement Regulation* and tile .AECPR Temporary Regulation*. 9--1.102--1 AEC Procurement Rr-ula- available at his cost, medical examina 3. A new 11910.19 is added ursubpart liotiVT tions relative to exposure to asbestos re quired by this paragraph. <2i Preplacement. The employer shall provide or make available to each of his employees, within 30 calendar days follonnt hu first employment in an occupation exposed to :4rbo:ne con centrations of asbestos fibers, a compre hensive medical examination, which shall include, as a minimum, a chest roent genogram (posterior-anterior 14 x 17 inches . a history to elicit symptom atology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV,.). B of Part 1910. reading as follows: 1910.19 Asbrsto* dust. Section 1910.93a shall apply to the ex posure of every employee to asbestos dust in every employment and place of employment covered by f 1910.12, I 1910.13. ( 1910.14.1 1910.15. or 11910.16. in lieu of any different standard on ex posure to asbestos dust which would otherwise be applicable by virtue of any of those sections. Effective date. Paragraph (b)C2) of 11910.93a shall become effective July 1. 1976. All other provisions of f 11919.93s. 1910.93. and 1910.19 shall become effec <a> The AEC Procurement Regula tions (AECPR1 are hereby established. (b> These regulations implement and supplement the Federal Procurement Regulations (FPR? and are a part o( the Federal Procurement Regulations System. <c> The effective date ol FPR issu ances throughout AEC will be the date indicated in the respective Ismanres un less otherwise provided in the AEC Pro curement Regulations. (d) The effective date of AECPR is suances throughout AEC will be the date indicated in the respective issuances. (3i Annual examinations. On or be tive July 7.1972. The current emergency 6 9--1.102--2 AECPR Temporary Regu fore January 31. 1973. and at least an- temporary standard remains in effect lation*. *"ally thereafter, every employer shall Until July 7. 1972. <a) The AECPR Temporary Regula tide, or make available, comprehen- (Sees. S. S. S4 Slat. 1593. 1S9S: 29 C5.C. 655. tions are hereby established. t medical examinations to each of hu S57: 2* CTR 1910.4: Secretary ot Labor's (b> These regulations implement and employees engaged in occupations ex Ortter Mo. 12-71. 96 FJEt. S754) supplement the Federal Procurement posed to airborne concentrations of as bestos fibers. Such annual examination shall include, as a minimum, a chest Signed at Washington, D.C., this 2d day of June 1972. Regulations Temporary Regulations. They also contain policies and proce dures Initiated by the AEC which are r^n nogram (posterior-antenor 14 x O. C. Gucnthzx. expected to be effective for a period of 17 inches), a history to elicit symptom Assistant Secretary of Labor. 6 months or less. atology of respiratory disease, and pulmonary function tests to Include (FR Doc.72-637t FUed 6-6-72:8:4S am) (c) The effective date of the FPR Temporary Regulations issuances forced vital capacity (FVC< and forced throughout AEC will be the date indi expiratory volume at 1 second <FEV, cated in the respective issuances unless 4 Termination of employment. The Title 41--PUBLIC CONTRACTSemployer shall provide, or make avail otherwise provided in the AECPR Tem porary Regulations. able. within 30 calendar days before or AND PROPERTY MANAGEMENTafter the termination of employment of (d) The effective date of the AECPR Temporary Regulations issuances any employee engaged in an occupation exposed to airborne concentrations of asbestos fibers, a comprehensive medical Chapter 9---Atomic Energy Commission throughout AEC will be the date indi cated in the respective issuances. (e> The AECPR Temporary Rrrula- examination which shall Include, as a minimum, a chest roentgenogram (pos PART 9-1--GENERAL tions are a part of the AEC Procurement Regulations and the Federal Procure- terior-anterior 14 x 17 inchest, a history Subpart 9--T.T^-Procurement " - ment Regulations System Alt references to elk it symptomatology of respiratory Regulations to the AEC Procurement Rcgulatmi'.* or disease, and pulmonary function tests to include forced vital capacity (FVC) Miscellaneous Amendments AECPR m il 9-1.103 through 9-MCP of this subparl shall be deemed to include and forced expiratory volume at 1 second The changes made in AECPR Subpart the AECPR temporary regulations. FEV .1. 5 Recent examinations. No medical examination is required of any em 9-1.1. Procurement Regulations, have been made in order to establish the AECPR Temporary Regulations, which 3. Section 9-1.103 Authority, is revised to read as follows: ployee. if adequate records show that are a part of the AEC Procurement Reg 9--1.103 Authority. ine employee has been examined in ac1 ordance with this paragraph within the part 1-vear period. <C' Medfat retards-->ii Afatnfenanre Employers of employees examined pur riant to this paragraph shall cause t- maintained complete and accurate ulations and the Federal Procurement Regulations System. The AECPR Tem porary Regulations implement and sup plement the FPR Temporary Regula tions. They also contain policies and procedures initiated by the AEC which are to be effective for a period of 6 The AEC Procurement Rerulations arc prescribed by the General Manager As sistant General Manager for Atiminisira tion. or the Director, Division-ot -Con tracts of the AEC. pursuant to the au thority of the Atomic Energy Act of I9f>4 and the Federal Property mid Adminis r < of ai; such medical examina months or less. The AEC Procurement trative Services Act of 1949. FEDEtAl KEGISTEV, VOL 37. NO. 110--WEDNESDAY. JUNE 7. 1972