Document DvGmwBKq1Mgw29GxqyomOXaxB

IliilS 'oLI-S AND REGULATIONS rr.o. 72-:50i ^ <\__\r.e /*r*\pmr'^iiv s* - -. .,.-xT(:; 7C `1; A r.u - ^ Tree Withdrawal .-,f Supplies and Equipment for Aircraft In accordance with section I 9l'd), Tar:" Ac: or 1520, as amended '.IS "7.S.C. I 133 '<i . Department o: Commerce has four,a ri.rt 'inner date oi April 25. 11-72, has adr:-,*d the Treasury Ditart- meni :::a: Poiaiid anows privfferss to aircraft rc-r:;:ered in the United imtes and er.rarc:! m foreign trade subic-m- IntUy rer.prccai to those provided :or in sections S&S and 317 cf the Tar:;? Act of 1939. as amended 119'U.S.C. 1303. 1317). Tire same privileges are therefore hereby f ntendr.d to aircraft registered in Poland ar.d engaged a: foreign trace effective as W-it 4*V C-ri JUWi* l.l.U--kl;ltstf,U- *M w..U.. l Accordingly, paragraph. if of 5 io.59, easterns regulations, is amended ip the insertion of Poland in appropriate al phabetical order and ;)ie number c: tliis Treasury cc-risicn in the opposite col umn heaped "Treasury Decision(s; " in the list of na.ions m that paragraph. (Secs. 300. 3f7, 634. 45 Stat. 600. as rrr.taded, COo.- as amended. 75D; 10 'U.S.C. 1309. 1317, 1624) [seal) Edwin F. R.uks. Acting Commissioner of Customs. Approved: May 25,1972. Eucexe T. Eossides, Assistant Secretary of the Treasury. . iFR Eoc.72-3578 Filed 5-6-'-72:S:oO'aa] Iitl3 23--LABOR' Chapter XVi!:--Occupational_ Safety and Health Administration, Depart ment of Labor PAST 191G--OCCUPATIONAL SAFETY AND HEALTH STANDARDS Sicndard for Exposure" fo Asbestos Dust- On December 7. 1971, an emergency temporary standard concerning exposure to asoestos. fibers was published in the FacEE.ii. P.E7ISIE2 C6 F.R. 23207). In ac cordance with section Sid (3) of tile Wilkarns-Sieiger Occuptaional Safety and Hyr.ith Act of 1970. a notice of proposed rul'jm.a.-cing regarding a permanent standard for exposure to asbestos fibers was pubushed in the Fecerai/Reccsier on January 12. 1972 (37 F.R. 460. The no tice nrvUed.iiiterested persons to submit both orally and in writing, data, views, and arguments concerning the proposal. On or aoout January 24. 1972. the Ad visory Commttca on Asbestos Dust was established and requested to make writ ten recommendations with regard to- the rroocsed standard on asbestos. On or about February 1. 1972. the Deportment of Health. Education, and Welfare trans mitted to the Secretary of Labor a cri teria document containing Recommenda- tioru. for nn O'cv.pr.tio.-,:,'. Ttrcsutc Siooosrn for Asoesi'v pv ->-v. --nr n: ci :::: loci:: r ci .......i and tl'.etr -\ .ix.ibiliiv ;'ar m..-, p copying. On or about IVe: u.-.ry 2=?. 1272. the At'.:, cry Cc-:.:mi::ec- or, a.- Jc. eo- Dust submitted its v.ricten rero:un'.ixui.v.ior.r. to the Assistant Secretary c-f ufsor for Occupational Safety and H.a'.ik. Fitrsuart to die notice c: rule maki-m, a r*ear:ng v = held on Moron 14 through 17.1972. for the purpose of lccarr.ng oral data, views, and arguments ccnconung the proposed standard. On cr goour March 31.1972, the presiding hearing ex aminer certified to the A:-is-ar.c Secre tary of Labor for Occupational Safety and Health the record of me proceeding. The record includes prehearing written comments, a transcript of the orai pres- enraticr: made at tire hearing, and nu merous exinbits received during rite coursa cf the hearing or within the pe riod allowed after the ciose of his hearing. The proposed standard dealt with <1) permissible concentrations of asbestos fibers: (2; memeds of compliance. (3) warning signs; 14.> menuormg: ia) med ical examinations; and (6; recordkeep ing. Each of these major proposals elic ited comments, arguments, oa lections, and counterproposals. They aii have been examined and considered. 1. Acceptable concentrations oi asbes tos dust. The proposed standard would limit occupational exposure to 8-hour ume-weiehted average (TWA) airborne concentrations of asbestos dust cot ex ceeding fiv2 fibers longer than five micrometers per milliliter. Concentra tions above five fibers but my to exceed 10 fibers iceiling concentration) would be permitted up to 15 minutes in an hour, but for not mere than 5 hours in ar.y one 8-hour day. ' NIOSH in effect has recommended that the five-fiber TWA and 13-fiber peak concentrations be permitted only for 2 years: tnsreafter. TWA concentra tions should be not more chan 2 fibers per cubic centimeter <cm.-) oi air. and peak concentrations should not exceed 10 fibcrs/cm.-, with no time restriction. Numerous oojections ana counterpro posals have been made, with regard to both the limits of asbestos fioer concen trations and the time periods to comply with their.. Some, for example, hate rec ommended return to a 12-fiber standard of an earlier day; i.e.. a level adopted under the Walch-Heaicy Public Con- tr:v_t3 Act in 1969. Others have recom mended a two-fiber standard to become effective In G months, then a one-fiber standard for 2 years, and finally a -rorc- tiber 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 high enough intensity and long enough uuration :s causally related to asoesto.-is ana cancers. The dispute is as to the determination of a specific level below w'h.ch exoncuve j ?se. Various studies a .tempting to establish qujAiicj- tive relations oetween specific levels of of nine bcrvc-t-.i of exposure and biological e.xuA. lat.ons. wo have now evidci.ce c: 'oxs.eguc.'.v.cs of exposure, but w: do not have, in general, accurate measures of the A-ve'.s cf exposure oc curring 27 or nO years ago, winch have given rise to tiitse consequences. There a:e r.iio controversies concerning the relative toxicity of ihe various kinds of asbestos. snd varying hazards in dif ferent workplaces. It- is fair to say that the controversy has c-:-iiierc-c in the area, between a two- finer TWA conec-mration and five-fiber TWA CEUccr.iraiiJU. with variatisns on the time'needea for ccmoiiar.ee. Many employs!^ support a five-fiber TWA. Most medical opinion civiried between a two-fi&er standard and a five-fiber standard. In view of the undisputed grave con sequences from exposure to asbestos fibers, it is essentia: that die exposure to regulated new, on the basis of the best evidcr.ce available now, even though it mav no; be as good as scientifically de sirable. An asbestos standard can be re evaluated in the hgi.t of the results of ongoing studies, and furore studies, but cannot wiuc for them. Lives of employees are at stake. It is concluded that there should he. one minimum" standard of exposure to asoestorppplicaole to all workplaces ex posed to'any kind, or mixture of kinds, ofjasfcestos. Reasons- of -practical ad- ministration preclude a variety of stand- aids for different kinds of asbestos and of workplaces. Also, while the evidence tends to show- that crocido'ite, for in stance. is more Harmful ihan clirysctile, the evidence is hot sufficient to establish separate standards for varieties . of asbestos. Eecause there must be cne standaid governing exposure to all varieties of asbestos, and in workplaces apparently more hazardous than others: because some present employees with regular ex posure to asbesios have prooably al ready accumulated great doses bf asbes tos fibers, due to higher levels cf ex posure in the past: because it appears that levels of exposure which .may be safe with regard to asbestosis are r.ot safe with regard to mesothelioma; be cause the statute requires the protection of every employee, even of one wno may have regular exposure to asbestos, during a working life which ir.uy reach, or even exceed. 49 yccis; ana because of several other considerations which have been urged and are reflected in the record of iie proceeding, the conflict in the medi cal evidence is resolved in favor of the health of employees. As of July I, 1976, TWA concentrations of asbestos fibers longer than 5 micrometers will not be allowed to exceed two iibers/cc., with a ceiiin? value of 10 libers.`cc. The current TWA concentrations oi five fibers, and 763SEAL R2G!5TEJ. VOL. 37, MO. 110--WEDNESDAY, JUNE T, 1772 0130095 '.0 oe sO id ;\v o. ve :e ne of -;y 0- er on .17 'A. Ill er .os be :st it of ,uS res be to .re ds, d i.d n:e, h of cd oi -ly rse ul- 'S- be lot -e on -7 ng CU ":ll en of iihe 76. ers be . a RULES AND REGULATIONS 11319 ,V,c1;1!1ink/gw Hc"-o--n--ce ntre. ons of 10 fibers cc. ax'. July 1. 1373. cur ini 'Tret wili be a v.-.irr:':-.r..'.l period u.-hued necessary o ailor,' employers to rnUr.e the u-ce-ieu cr.nvrcs tor rowing into ccmplimtce with the mors struiganc lulSdtti. The record shows that the many work operations subject to Che single asbestos standard '.'.exilic. ::.:iu:actunr.incius- enal. ar.ti marmo installation, etc.) will meet varymg decrees o: difficulty in complying with tr.e standard. In seme pianos, extensive redesign and reloca tion of equipment may be needed. It ap pears. however, the delay in the eiloctive date of the two-fiber standard wfil pro vide all employers a reasonable time to comply. At the same time, so long as the ceiling limit io compiled with, no harm is reasonably expected to result from ex posures during tiie transitional period. 2. Methods of coin.plic.nce. It has been pointed out by many persons, that pro tection against asbestos fibers is best obtained by contrc.ling the -generation of fibers first, and secondly, by controlling the dispersion of released nbers into the ambient air o: the workplaces. Therefore, the standard recur res feasible techno logical controls and appropriate wore practices as the primary means of com pliance. Rotation ci employees as a way of meeting-the TV.'A 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 co be bur densome, except for short periods of time. Therefore, it is expected that res pirators and shift rotation wiil 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 aeliieved. their use must be limited to special work situations and emergencies. Where both are practicable, shift rota tion is required, 3. Labeling. Tr.e proposed standard stopped short of requiring labeling as bestos and asbestos-containing products. The proposed star.card would have re quired only warning signs at locations where asbestos hazards are present. However, labeling, rather than warning signs, has proved, to be a., point of con troversy; Both NT03H .and the Advisor/ Committee on Asbestos Dust recom mended labels for asbestos products and containers, and these recommendations became very controversial in the course of the proceeding. Many counterpro proposals have been made as to tno lan guage of the warning as well as to the products to be subject to the labeling requirements. Employers, In general, strongly contend that (I) finished prod ucts which effectively entrap asbestos fibers, so that these would not be irl=ased Ln ire norma! use c: -..-.a yrccw'.-t siiouid no: re r'quire". : j ; '..vtvled: ..r.d -.2) worcs ju.ii as d_ncar" and "cancer ' are ur.warrantcdly aia-mr.c. Doth contention-, e r.-.etii. and the standard has been 'nr need a;vorti.r..'iy. i. Mov.'.tor.an. Th: proposed s.andard would have recur.:'.: yimiiai monitor ing and envn-mrr.-r.tal monitoring. Many is,ues have hr-;,, -meed concerning the availability and rc.lability oi meas uring instruments, iraquency oi moni toring. and conditions m which monitor ing should be -ecuired. The adopted standard takes tne ci; actions into con sideration. It requires periodic monitor ing at intervals no longer than 6 months, thus allowing considerable time and dis cretion. and presences the use of the membrane filter method, wnich is an acceptab'c method for determination of asDestos fibers. It lias aiso been recommenced 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 ana 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 a: the beginning and the termination of employments exposed to concentrations of asbestos fibers, and also requires. annua!_ medical examina tions of every" empibyee'exposed to air borne concentrations of asbestos. It has been pointed out that in certain indus tries, suen as construction, an employee may work for several empiovers during the same year. Accordingly, the standard does not require either preempioj nient, or termination, or periodic exammaton of any employee who has been examined in accoruance with the standard within the pact year. Onfi_qjiesiiau.. which has been raised goes to wr.eiher the employer or the em ployee should be allowed to choose the examining physician. The standard gives the option to the employer. Since some employers already have a medical examination program m operation, and, also, i.r.ve medical departments witn some expertise m ir.c iLagnosis of abestos-relared diseases, it seems more reasonable to permit them to utilize the present programs and expertise, than to permit an employee to choose a private general practitioner. 6. Records. The standard, as proposed nr.d as adop.ed. requires mam.tsnrr.ce of records of monitoring and of memsai c-xamma.ions. Most c: the controversy n: this area has revolved around the ques tion whether an cmp-loyer should oe al iened to have'access to the iemits of the r-quired inoaical examinations. The apprehension of those who have argued agamst tmolovor access is oased on the expectation that some employers will use tne medical examinations as a means ci screening employment applicant;, ar.d worse, as grounds for discharging current employees, who show signs of being af fected by exposure to asbestos. Since the purpose of the medical examinations is to monitor the health of employees ex posed to the hazards of abestos; em- piovees cannot in reason be granted the privilege of refusing to disclose to their employers results of occupational expo sure. Undoes not make sense tc require employers to provide medical examina tions i^they cannot know and use the results ,bf the examinations. For these reasons`the standard provides that em ployers may have a restricted access :a some medical information. On the other hand, there is no intmi- tion-to allow employers to abuse medical information obtained pursuant to the Act. to the detriment of employees. Therefore, the- administration- of the medical records requirement will be closely, watched, and. in cases of abuse, appropriate action will be considered. Thoissucs 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 hive not been adopted for a variety of reasons which should be manifest. Sev eral. for instance, have recommenced tie use of respirators oniy pursuant to a variance, or in cases of emergency and oicasional short-term exposures. The ricommendation with respect to vari ances undoubtedly has* many merits, tut is considered administratively im- r.-actical. ` Accordingly, after consideration of tne whole reoora of the proceeding, and pursuant to sections S (b) and (c> and l`c> of, the_- Williams-Steigcr Occupa tional Safety and Health Act of 1970 7S4 Slat. 1593. 159G. 1599; 29 U.S.C. 655. 637), 29 CRH 1910.4. and to Secretary of Libor's Order No. 12-71 C26 F.R. S734). Part 1910 of Title 29 of the Code of Fed eral Regulations is amended as set forth tflow. (1) Section 1910.93 Is amended by re vising Table G-3 to read as follows: FEDERAL REGISTER, YCL. if, NO. 110--WEDNESDAY, JUNE 3L 1972 50130096 11320 1910.03 Air contaminants, i * '* a a RULES AMD REGULATIONS to which any employee may be exposed d) Personal protective equipment-, i'1 Tomnlianee with the exposure limits Fubstnnce Mppcf MrM* cs'.'am: ' * '* Lry'-'illir**: CcUaJii trwpimbic)......... ; CZ9r :C:j* IP _ fISiO:-f5 Quarts Ccu! dusO...................... .........,, Cri.-lobA:it*' Vsc H the v...i:e ca^ciaiul .'rcm the cv.:r.L or mass lurruu'-at {or iu:.r:z. Tsiuyir.stf*: IV J< the value o ufUttiH ir^ia ibe lor* * :r.uiac fur quartz. Amorphous. including natural `diatoraaceous earth................ .. 20 f"s^H*2 ^ Mi <* c \_* Wsr-M* i:s;o, SiJIea'.es fios.thao 1^ crys* upMliniveas..iu..c.a..;;..... .............. Soapstone................ ............. T-:c.......................................... Portland cement........... (1,*apl:::c/r.ati!ral>................. .. Co,a uusr; (T^p'.rable traction ie.-3 tlijn 5`c SiO;).......... 2jo0 20 SISO For more than 5^ SiO*...................... V-zz M* Ii.* or Snisance Dust; i<i--mrab2e fraction.____ ... Total oust............................... V.3.0:-rJ 15 .`rx^P 50 ISrjif.VP Note: ronrernon factor?-- ;j*rctX35.3 - r.:h;ou particles per cubic meter PutiCvi.* per c.c. i Millions of panicles per cubic foot of air. based on b:.':r.cer s,`n;p.*s evunted by .iclu-fiolu teck..n:v5. 1 The p-rcer.usc of cpyt,il;.ne staca m tr.e formula is the amount <iuemun<d fro*n tir-borne s^mpiv*, m tpose'mFtaisC^s m which other rn*;h:ds hare bivr. fliown to lie applicable. * a* dv`Vymrvti by the m*nU>nvne filter method at 43v X pftar** Co;itfi>r*ro34;iiincat.cn a H.m coticeiitration rtnd percent quartz for the .app.ication of tins iruit are to be diUrrr.mcd from the fracsion passing a sitc-selecior nuh tr.e following chamctenstscs; Airodyn'ur.ic diameter (ur*il density iphere; 2 2.5 3.5 5.0 10 Percent p&&irc . selector CO 75 5* 25 0 TI.'' nn'.\MirAme:;t under lha rnte r^fer to tr.e use of an AilC i.;-tnin*.et. If the re^puaUe fraction of cf-ai duriss `MrrrtiriM wuh a MIt the Jicure conf?pomltr? to t:;ar of 2.4 Mg..M- m the table fvf cuai dust Lj 4.S Slg M*. .1. A new 1910.93a is added to Part 1010, reading as follows: 1910.93a Asbestos!" fa)- Definitions. For the purpose of this - section, cl) '`Asbestos" includes chrycotile, amosite, crocibo.'ite. tremolite, anthophyilite. and actinoiite. (2) "Asbestos,fibers" means asbestos fibers longer than 5 micrometers. <h) Permissible, exposure to airborne concentrations of asbestos fibers--Cl) Standard elective July 7, 1172. The 3-hour time-weighted average airborne concentrations of asbestos fibers to which any employee may be exposed shall not exceed five fibers, longer than 5 micrometers, per cubic centimeter of air, as determined by the metnod pre scribed in paragraph Ce) of this section. 12) Standard effective July 1, 197R. The 8-hour time-weigmed average air borne concentrations of asbestos fibers scnfced in paragraph cei of this section 's- Ceiling concentration. Mo em ployee shall be exposed at any time to airborne concentrations of asbestos fibers in excess of 10 fibers, longer than 5 micrometers, per cubic centimeter of air. as determined by the metnod pre scribed in paragraph (e) of this section. <c> Methods of compliance--<T) En gineering methods. Ci) Engineering con trols. Engineering controls, suen as. but not limited to. isolation, enclosure, ex haust ventilation, and dust collection, shall be used to meet the exposure limits prescribed in paragraph (bi of this section. /ii' Local exhaust ventilation, (a) 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 die Design and Operation of Local Exhaust Systems. ANSI Z9.2-1971, which is in corporated by reference herein. :bi See 1910.6 concerning the avail ability of ANSI Z9.2-1971. and the maintenance of a histone file m connec tion therewith. The address of the Amer ican National Standards Institute is given in 1910.100. <iii) Particular tools. All._hand-op erated and power-operated tools which may produce or release asbestos fibers m excess of the exposure limits pre scribed in paragraph tb) of this section, such as. but not limited to. saws, scorers, abrasive wheels, and drills, shall be pro vided with local exhaust ventilation sys tems in accordance with subdivision, (ill of this subparagraph. (2) Work practices--(ii Wet 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 m excess of the ex posure limits prescribed in paragraph (bi of this section, unless the usefulness of the product would be diminished thereby. (ii) 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 afe shipped, without being either wetted, or enclosed, or ventilated so as to prevent effectively the release of airborne asbestos fibers in excess of the limits prescribed ir. paragraph tb! of this section.' (iii) 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 will respiratory equipment in accord ance with paragrann. (a) t2> (iii) of this section and with special clothing in ac cordance with paragraph id) 13) of this section. respirators or shut rotation of em ployees. except:.................... (i) During the time period necessary to msrail the engineering controls and to institute the work practices required by paragraph (e> of this section; (ii) 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 libers below the limits prescribed by paragraph (b) of this section: or 'iii) In emergencies. (iv) Where both resDirators and per sonnel rotation are allowed by subdivi sions 'i',,(i:'. or 'iii'1 of this subpara graph. anS both are practicable, person nel rotatidl shell be preferred and used. 2) Whpre a respirator is permitted by subparagraph (1' of this paragraph, it shall be selected from among those ap proved bv the Bureau of Mines, Depart ment of the Interior, or the National In stitute for Occupational Safety and Health. Department of Health. Educa tion. and Welfare. und"r the provisions of 30 CFfb Part H (37 F.R. 62-ii, Mar. 25, 1972), and shall be used in accordance with subdivisions (i'. (ii), (iii), and tiv) of this subparagraph. (i) Air purifying respirators.'A reusa ble or single ura air puniving respirator, or a respirator described In subdivision (ii) or (iii) of this subparagraph, shall bejisra lo reduce the concentrations of airborne asbestos fibers in the respirator below the exposure limits prescribed in paragraph (b> of this section, when the ceiling or the 3-hour time-weighted aver age airborne concentrations of asbestos fibers are reasonably expected to exceed no more than 10 times those limits. ui) Powered air purifying respirators. A full facepiece powered air purifying respirator, or a powered air purifying respirator, or a respirator described in subdivision (iii) of this subparagraph, shall be used to reduce the concentra tions of airborne asbestos fibers in the respirator below the exposure limits pre scribed m paragraph (b) of this'section, when the ceiling or the 8-hour time- wejghtcd , average..concentrations of asbestos fibers are reasonably expected to excec-d 10 times, but not 100 times, those limits. (iii) Type "<Z'_supplied-air respirators, continuous jidw or pressure-demand class. A type "C" continuous flow or pres sure-demand. supplied-air respirator shall be used to reduce the concentra tions of eirbcme asbestos fibers in the respirator below the exposure limits pre scribed in paragraph (b) of this section, when the ceiling or ,the_8-hcur timewoighted average airborne concentra tions of asoestos fibers are reasonably expected to exceed 100 times those limits. (iv) Establishment of a respirator pro gram. <a> The employer shall establish a respirator program in accordance with FEDERAL REGISTER, VOL. 37, NO. 710--WEDNESDAY, JUNE 7, 1972 50130097 clent-- : lim.;`.- : eni ' t-ssarv Is ' and .quired ch the (c) of .y not nstiffi-.mvalimits f this ;>arn:*sonused. eci by -h. it appart*.i In- and >ns of r. 25. lanes l (iv) Ausa"atorr 'ision shall. ps of rafcor id in i the 'veyas;os :oed tors. 'y:ng - in anh, .:ra- the prciont .ine- of cted p'-es;. :^rs, and ves a ter rathe pre ion, me:rably --to. '0- h RULES AND REGULATIONS 11321 the requirements of the American Na where asbestos fibers are released to be rubparagraph shall conform to me re tional Standards Practices for Respira- monitored, in streh' a way as to determine quirements of 20" x 14" erticai former ic:y Protection. ANSI Z88.2-1965, which whether every omplovce's exposure to signs specified in 5 1910,145 (di '4.'. mu is incorporated by reference herein. asbestos fibers is below the limits pre to this subdivision. The s:cns shiui dis o. See s 1910.6 concerning tha avail scribed in paragraph (b> of this sec play the following legend in the lower ability of ANSI 7S3.2-19G9 ana tne main tion. If the limits are exceeded, the em panel, with :ev:cr sizes and stylo-: cf a ' tenancy of an historic file in connecticn ployer shall immediately undertake a visibility at least equal to that specified therewith. The address of the American compliance program m accordance with m q.iis subdivision. National Standards Institute is given in s 1910.100. ci No employee shall be assigned to tasks requiting the use of respirators if. paragraph (c> of this section. ~VZ>'Personal monitoring--<i) Sam ples shall be collected from within the breathing zone of the employees, on Legend Asbestos l" Sans Serif, notation Gothic or Block. based upon his most recent examination, memDrane filters of 0.8 micrometer po- Dust Hazard____________ Sans Serif, an examining physician determines that rossity mounted in an open-face filter Gothic or tiie" employee will be tinabie to function holder. Samui's -hail be taken for the ' Block. normally wearing a respirator, or that determination of the 8-hour time- Avoid Breadline Dust___ 'f " Gothic. tiie safety or health of the employee or other employees :i ill be impaired by his use of a respirator. Such employee shall be rotated to another job or given the weighted average airoome concentra tions and of the ceiling concentrations of asbestos fibers. * (ii) Sampling frequency and patterns. Wear Assigned Protective . Equipment. Do Not Remain In Area Unless Your Work Re quires It. '^"Gothic. ','' Gothic. opportunity to nansfer to a different po After the initial determinations required Breathing Asbestos Dust H point Gothic. sition whose duties lie is able to perform by subparagraph (i) of tills paragraph, -May Be Hazardous To with the same employer, in the same geo samples shall be of such frequency and Your,HealLh. graphical area and with the same senior ity, status, and rate of pay he had just prior to such transfer, if such a different position is available. (3) Special clothing: The employer shall provide, and require the use of. spe cial clothing, such as ccverails or similar "whole body clothing, head coverings, gloves, and foot coverings for any_ em ployee exposed to airborne concentra tions of asbestos fibers, which exceed the celling level prescribed in paragraph (b) bftfiis section. " 74) Change rooms: (i) At any fixed place of employment exposed to'airEbme concentrations of asbestos fibers. in_ex- . cess of the exposure limits prescribed in " para'graplr (b'r_ of 'this section, the e'.h- ployer' shall .provide jbhangif_roqms for ' employees working regularly at the place. - 1 ii) Clothes lockers: The employer shall provide two separate lockers' or con tainers for each employee, so separated or isolated as to prevent contamination ' of the employee's street clothes from his work clothes. ' pattern as to represent with reasonable accuracy the levels of exposure of em ployees. In no case shail the sampling be done at intervals greater than 6 months for employees whose exposure to asbestos may reasonably be foreseen to exceed the limits prescribed by paragraph lb) of this section. i3> Environmental monitoring--(I) samples shall be collected from areas of a work environment which are represent ative of the airborne concentrations of asbestos fibers which may reach the breathing zone of employees. Samplesshall be collected on a membrane Alter, of 0.8 micrometer porosity mounted in an open-face filter holder. Samples shall . be taken for the determination of the 8hour time-weighted average airborne concentrations and of the ceiling con centrations of asbestos fibers. < ii) Sampling frequency and patterns. After the initial determinations required by subparagraph tl> of this paragraph, Spacing between lines shall be at least equal >6 the height of the upper of any two lines. 12)_.Caution labels-- (i) Labeling. Cau tion labels shall be affixed to all raw materials, mixtures, scrap, waste, c?b"is, and other products containing asbestos fibers, or to their containers, except that no label is required where asbestos ficers have been modified by a bonding a cent, coating, binder, or other material so that during any reasonably foreseeable use. handling, storage, disposal, processing, or transportation, no airborne concentra tions of asbestos fibers m excess of the exposure limits prescribed in paragraph tb) of tills section.will be released. ui): Label specifications. The caution '.Abels-required by subdivision ii) of this subparagraph shall be printed in letters of sufficient size and contrast as to be readily visible and legible. The label shall state: . .. _ Caution samples shall be of such frequency and pattern as to represent with reasonable Contains Asbestos Fibers tiui Laundering: (a) Laundering,of accuracy the levels of exposure of the Avoid Creating Dust asbestos contaminated clothing shall'be employees. Irt.no case shall sampling be . Breathing -Asbestos Dust May Cause done so as to prevent the release of air- at intervals greater than 6 .months for ' Serious Bodily Harm bome.asbestosjibers in excess of ths ex employees whose exposures to asbestos <h) Housekeeping--(1) Cleaning. All posure limits ptesetibea in paragraph ibi may reasonably be ` foreseen to exceed external surfaces m any piace of employ of this section, " (b) Any employer wiio gives asbestos- contaminated clothing to another person the_exposure limits' prescribed in para graph (b) of tills section. (4) Employee observation of monitor ment shall be maintained free of accu mulations of asbestos fibers if,'with their dispersion, there would be an'exccssive for laundering shall inform such person of the"reqtu'rement in <aY of" this subdi vision:'to effectively prevent the release of airborne asbestos fibers in excess of the exposure limits prescr~ibea~in~paragraph ib) of this section. (c) ' Contamina'ted clothing shall be -transported in.sealed Impermeable bags, "or other closed, impermeable containers. and- labeled, in accordance' with" para graph ig) of this section. ing. Affected employees, or their rep resentatives. shall to given a reasonable opportunity to observe any monitoring required by this paragraph and shall have access to the recorus thereof. ig) C.aution signs and labels. (1) Cau tion signs, (i) Posting. Caution signs shall be provided and displayed at each' location where airborne concentrations, of asbestos fibers may be m excess of theexposure limits prescribed in paragraph concentration. . (\ (2) Waste, disposal. Asbestis --aste. scrap, debris. ' bags, containers, equip ment. and.asbestos-contammatcd cloth ing. consigned for disposal, which may produce in any reasonably foreseeable use. handling, storage, processing, dis posal. or transportation airborne concen trations of asbestos fibers in excess of the exposure- limits prescribed in paragraph ib) of this section shall be collected and <e) Method cf -measurement. All de <b) of tills section. Signs shall be posted disposed of in sealed impermeable bags, terminations of airborne concentrations at such a distance from suen a location or other closed, impermeable containers. of asbestos fibers shall be made by the so that an employee may lead the signs (i)'Recordkeeping--(1)^Exposure rec membrane filler method at 400-450 X and take necessary protective steps be ords. Every employer shall maintain rec (magnification) (4 millimeter objective) fore entering the area marked by the ords of any personal or environmental with phase contrast illumination. (f) Monitoring--(1) Initial determi- naitons. vvithln G months of the publi signs. Signs shall be posted at all ap proaches to areas containing excessive concentrations of airborne asbestos fibers. monitoring required by this section. Rec ords shall be maintained for a period of at least 3 years and shall be made'avail able upon request to the Assistant S-'-cie- cation of i:t:s .,cjt:cn. every cmp.oyer 'iu SJcn specifications. Ths warning tr.ry cf Laser icr Occupation::! 2..:::y shall causa every place c: employment signs required d;- subdivision u> oi tins iiuu UCatvtit v.iu waCvaVA U* --- ......... FEDERAL REGISTER, VOL 37. NO. 110--WEDNESDAY, JUNE 7, 1972 50130098 ' 11322 RULES AND REGULATIONS iui" Cc^liu^tiOiiril Safclv tions. P.ecr,r(K I,a' i-cT-i:;0". by :.> .r..,:'.oi':zed represt:::.!- cord:::,.:;-. M:r.:c ;::::c;:al cuc.r.gc; hive i.vis c:u: 1 uj Access. The contents c the rec al.'-o oeen maoe. Employ?? r.ccess. Every employee ords of " the medical examinations 3. Section 9-1.101 Scope of subpart, is and former employee shall have reason- required by this paragraph shall be made revised to read as follows: able_aecess to any record required to be romncoir.ed by subparagraph (1) of this paragraph, which indicates the em ployee's own exposure to asbestos fibers. ().' Employes notification. Any em ployee found to have been exposed at any time to airborne concentrations of asbes available, for inspection and copying, to the Assistant Secretary of Labor for Occupational Safety and Heaith. the Director of NIOSH, to authorized physi cians,arid metTica! 'consultants of either of them, and. upon the request of .an em ploye or former^employce, to his physi 9--1.101 Scope of Mihpart. 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 tos fibers in excess of'fKe limits pre cian. Any physician''who"conducts a AEC Procurement Instructions. scribed in paragraph (b> of tliis section medical examination required by this 2. -Section 9-1.102 Establishment of shall be notified in writing of the expo sure as soon as practicable but not later than 5 days of the finding. The employee shall also be timely notified ofTHe cor rective actforTBemg taken". ' (j/ Medical examinations--(1) Gen 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. AEC Procurement Regulations, Is revised to read as follows: 9--1.102 EseibliJiment of the AEC Procurement Regulations anil the AECPR Temporary Regulations. era:. The employer siuQT provide or make 9--1.102--1 AEC Procurement Regula available at his cost, medical examina 3. A new f 1910.19 is added to Subpart tions. \ tions relative to exposure to asbestos re quired by this paragraph. (2) Preplacemsnt. The employer shall proT.de or make'available to each of his employees, within 30 calendar days fol lowing his first employment in an occupation exposed to airborne 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 i, 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 (FEY:,). B of Part 1910, reading as follows: 1910.19 Asbestos 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 |1910.12. I 1910.13, 5 1910.14, 1910.15, or 1910.16, 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) (2) of f 1910.93a shall become effective July 1, 1976. All other provisions of 55 1919.93a, 1910.93, and 1910.19 shall become effec (a) The >%EC Procurement Regula tions (AECRR) are hereby established. <b> These?-regulations implement and supplement the Federal Procurement Regulations (FPR) and are a part of the Federal Procurement. Regulations System. (c) The effective date of FPR issu ances throughout AEC will be the date indicated in the respective issuances 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. (3) Annual examinations. On or be fore'- January"31715737^53' at least an tive July 7, 1972. The current emergency temporary standard remains in effect 9-1.102-2 -AECPR Temporary Regu lations: nually thereafter, every employer shall until July 7, 1972. (a) The AECPR' Temporary Regula provide, or make available, comprehen sive medical examinations to each of his (Secs. 0. 8. 84 Stat. 1593. 1593: 29 VJS.C. 655. 657: 29 CFR 1910.4; Secretary of Labor's tions are hereby established. (b) These regulations implement and employees engaged in occupations ex Order No. 12-71. 36 F.K. 8754) supplement' the Federal Procurement posed to airborne concentrations of as bestos fibers. Such annual examination shah include, as a minimum, "a chest Signed at Washington, D.C., this 2d day of June 1972. Regulations r Temporary ' Regulations. They also contain policies and proce dures initiated by the AEC which are roentgenogram (posterior-anterior 14 55 G. C. Guenther. 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 [PR Doc.72-8574 Filed 6-6-72:8:48 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 (FEVi.s). cated m the respective issuances unless Title 41--PUBLIC CONTRACTS(4) _ Termination of employment. The employer shall provide', or make avail otherwise provided in the AECPR Tem porary Regulations." -- AND PROPERTY MANAGEMENT,able. within 30 calendar days before or after 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 examination, which shajl_include, .as a minimum, a chest roentgenogram (pos terior-anterior 14 x 17 inches), a history Chapter 9--Atomic Energy Commission PART 9-1--GENERAL Subpart 9-1.1--Procurement ' throughout AEC will be the date indi cated in the respective issuances. (e) The AECPR-Temporary Regula tions are a part of the AEC Procurement Regulations and the Federal Procure ment Regulations System. All references to elicit.symptomatology of respiratory Regulations 'to the AEC Procurement Regulations or disease, ana pulmonary function tests to include- forced vital capacity (FVC) and forced expiratory volume at 1 second AECPR In 55 9-1.103 through 9-1.109 of Miscellaneous Amendments this subpart shall be deemed to include The changes made in AECPR Subpart the AECPR temporary regulations. (FEV.,,). 9-1.1, Procurement Regulations, have 3. Section 9-1.103 Authority, is revised (5) Recent examinations. No medical been made in order to establish the to read as follows: examination, is required of any em ployee. if adequate records show that AECPP. Temporary Regulations, which are a part of the AEC Procurement Reg 9-1.103 Authority. the employee has been examined |in ac ulations and the Federal Procurement The AEC Procurement Regulations are cordance with this paragraph within the Regulations System. The AECPR Tem prescribed by the General Manager, As past l-ycar period. porary F.egulatlons implement and sup sistant General Manager for Administra i8) _Afedical records--i.i} _ _ _Mainte- plement the FPR Temporary Regula tion. or the Director, Division of Con nar.ee. Employers of employees examined tions. They also contain policies and tracts of the AEC, pursuant to the au pursuant to this paragraph shail cause to be maintained complete and accurate procedures initiated by the AEC which are to be effective for a period of 6 thority of the Atomic Energy Act of 1954, and the Federal Property and Adminis records of all such medical examina months cr less. The AEC Procurement trative Services Ac^)^QQ99 FEDERAL REGISTER, VOL 37, NO. tTO--WEDNESDAY, JUNE 7, 1972'