Document Ed60RqEdq2EMoyxgayoQ9x2Q0

Federal Register / Vol. 51, No. 119 / Friday. June 20. 1980 / Rules and Regulations 22699 potential safety and health problems involves the cooperation of employees, . the success of such a program is highly dependent upon the employee's understanding of the hazards attendant to that job. Finally, given the evidence of the carcinogenicity of asbestos, OSHA believes that these signs will not cause undue alarm. This is especially so when balanced against the positive results anticipated, as described above. For all of the reasons set forth OSHA believes that it is appropriate to use precautionary signs which warn of a cancer hazard. The standard also requires that all raw materials, mixtures, scrap, waste, debris, and other products containing asbestos fibers, or their containers, be labeled with the appropriate information: DANCER--CONTAINS ASBESTOS FIBERS; AVOID CREATING DUST; CANCER AND I.UNG DISEASE HAZARD The new standard allows two exceptions to the labeling and materia! safety data sheets (MSDS) requirements: no label or MSDS is required in those instances where: (1) Asbestos fibers have been modified by a bonding agent, coating, binder, or other material, provided that the manufacturer can . demonstrate that during any reasonably foreseeable use (including handling, storage, disposal, processing, or transportation) employee exposure will remain below the action levgl; or (2) asbestos is present in a product in concentrations less than 0.1%. The exceptions provided in the revised standard are based, in part, on the exception given in the existing standard and are consistent with guidance provided in OSHA's Hazard Communication standard (1910.1200). The existing asbestos standard provides that . . .no'label is required where,ashe8t08 libers have been modified by a bonding agent, coating, binder, or other material so that during any reasonably foreseeable use, handljiig; storage, disposal, processing, or transportation, no airborne concentrations of asbestos fibers in excess of the exposure ' limits provided in paragraph (b) [PEL] of this section will be released (I910.l001(g)(2j(i)j.' This is changed slightly in the revised rule so that airborne concentrations must be kepi below the action level rather than the PEL.' As'discussed earlier, an action level has been added to this rule to trigger a number of provisions, such as medical surveillance and monitoring, in part, because OSHA feels exposures at the action level may still pose significant risk to workers, and so keeping concentrations of asbestos at Or above exposures below this level is important the action level. The content of the for worker protection. Therefore, OSHA training program is intended to inform has changed the exception to the employees of: (1) The hazards to which labeling requirement to be consistent they are exposed; (2) the necessary with the introduction of an action level steps to protect themselves, including In the revised rule. It is OSHA's belief those to be taken during emergency that materials that have been treated in situations; (3) the proper use and the manner described in the exception limitation of respirators and protective (such as bonding or coating) would not equipment; (4) a description of medical generally release airborne examinations and their purpose; (5) concentrations of asbestos above the implementation of work practices and action level, and that the change in the the use of available engineering regulatory language should not impose controls; (6) the contents of this any additional obligations upon standard and (7) the added risk of lung employers exempt under the existing cancer due to the combination of rule. cigarette smoking and asbestos OSHA has added another exception exposure. Section 6(b)(7) of the Act- to labeling, for materials containing less makes it clear that these arc appropriate than 0.1% asbestos. The exception was added in response to concerns goals for an employee training program, and the final standard includes such expressed by a number of participants that asbestos is a trace contaminant in a number of materials and products (see, for example, Grace. Ex. 344-16) and that labeling such products would constitute an undue burden on employers. In choosing the percent exemption. OSHA has taken general guidance from its Hazard Communication rule which specifies that a mixture shall be considered hazardous if a carcinogen is present iri concentrations in excess of 0.1% |1910.1200(d)(5)(iv)|. While other percentages were suggested to the record (for example, 0.25%. Ex. 344-16), OSHA Tound no other data to override considerations of safety given in the generic standard and, hence, in the interest of the protection of worker health, has maintained the 0.1% recommendation. The signs and labels requirements discussed above are consistent with Section 6(b)(7) of the OSH Act, which prescribes the use of labels or other appropriate fprms of warning to apprise employees of the hazards to which they are exposed: Rulemaking participants generally supported OSHA's requirement for signs and labels. |Exs. 146, 233, 236, 312, 88-4, 90-174, 92-381There were no significant Issues raised to the contrary. Information and Training provisions. The employer is required to make a copy of the standard available to affected employees and their representatives. This requirement, in combination with the review provided for as part of the training program, is intended to ensure that employees understand their rights and duties under this standard. The employer is also required to provide, upon request, all materials reluting to the training program to the Assistant Secretary and Director. This is intended to provide an objective check of compliance with the requirements under this paragraph. OSHA recognizes that asbestos may be only one of a number of substances to which an employee may be exposed simultaneously in the workplace. The education and training requirements in this standard contain those elements OSHA has determined to be basic. The format and content of the required training and information program are neither rigid nor extensive. An employer may, if desired, incorporate the required information for asbestos into an existing program of training and education to be provided to employees. The final standard requires that the training program be provided at least annually.' OSHA believes that an annual The final standard requires employers to provide a training program for all employees expected to be exposed to airborne asbestos at or above the action level of 0.1 f/cc. The training requirement in the standard is patterned after OSHA'b Hazard Communication standard ['29 CFR 1910.1200(h) (1) and (2)). Information and training are to be training program is both necessary and sufficient to ensure that employees maintain a continuing awareness of the hazards of asbestos and their rights and duties under the standard. To increase the effectiveness of training goals the final standard requires that the training material be made available, without cost, to all'affected employees or their representatives. provided at the time of initial The final training provision is assignment and at least annually |o virtually identical to that proposed, employees who are exposed to airborne except that the requirement is triggered GLEASON-000947