Document G6GG7RBXnE8Gy9w4d3GXNxDwr

UC 1-t- INTERNAL CORRESPONDENCE PLAINTIFF'S EXHIBIT LINDE DIVISION T (Non*) Company ImIIm Mr. V. P. Hayes Linde Division 2801 W. 16th St. Indianapolis, Ind. 46224 Copy to Messr 8 L J LaFrance M. Neary " 270 PARK AVENUE. NEW YORK. NEW YORK 10017 >( Origi/ioting Depf. Amwnn0 lotimr dais Subj# July 3, 1972 Gas Products OSHA - Asbestos Standards Attached is a study-analysis of the "Standard for Exposure to Asbestos Dust". You will note that the new Standard is effective July 7, 1972. The 8-hour exposure to which any employee may be exposed shall not exceed 5 fibers longer than 5 micrometers per cubic centimeter of air. Effective July 1, 1976, this regulation is reduced to 2 fibers, no longer than 5 micrometers per cubic centimeter of air. Since' your facility is handling asbestos, I am forwarding this information to you for compliance where required. 1 l I HEFtrc Attach. A2171C X41567I LIi ... Orqnni/ni Oonnst'lo 1000 L Olroet. N. W. Suite 212 Wis1' "olon, D. C. I?')?) >572-1089 r Memorandum TO: FROM: DATE: SUBJECT: ORC OCCUPATIONAL SAFETY AND HEALTH STANDARDS GROUP Wayne T. Brooks & Leo Teplow June 20, 1972 A STUDY-ANALYSIS OF STANDARD FOR EXPOSURE TO ASBESTOS DUST The "Standard for Exposure to Asbestos Dust" which was published in the Federal Register of June 7, 1972, is of unique significance to each occupational safety and health professional, whether or hot he has direct responsibility with regard to asbestos dust exposure. This is the first OSHA standard prepared and promulgated by the procedures of Section 6(b). It is based on the first NIOSH criteria document and the recommendations of the first advisory committee. This new standard reflects some of George Guenther's ideas that a standard should supply recommendations, guidance and other infor mation to aid employers in doing more than just meeting the mini mum requirements for a safe and healthful workplace. The extensive explanation which accompanies the formal promulgation of this stan dard is the first of a kind,* it is intended to make the standard more comprehensible and to disclose some of the reasoning which resulted in the judgments of the standard. The main sub-division headings of the standard, set out here, show the standard to be more than mere levels described by numbers ac companied by mandatory prohibitions: (a) Definitions (b) Permissible exposure to airborne concentration of asbestos fibers. (c) Methods of compliance. (d) Personal protective equipment. Ao171 1 AZ I / I I (e) Method of measurement. X4 15672 ORC OS&HS Group - 2 6/20/72 (f) Monitoring (g) Caution signs and labels. (h) Housekeeping (i) Recordkeeping (j) Medical examinations The Definition section applies the word "asbestos" to six dii :ent I varices of asbestos. Although there may be different degree of hazard which by this action are treated as identical, one stavidard instead of several is a convenient result. The published explan ation is ..."Reasons of practical administration preclude a variety of standards for different kinds of asbestos and of workplaces ... the evidence is not sufficient to,establish separate standards for varieties of asbestos". Along with recommendations, explanations, guidance and other details, the explanatory text accompanying the standard makes what almost amounts to an announcement of policy governing the promulgation of a standard vis-a-vis the adequacy of information upon which to base a standard. Let us look carefully at these,statements: "In view of the undisputed grave consequences from exposure to asbestos fibers, /the text concludes/ "it is essential that the exposure be regulated now..." /with an exposure level effective July 7, 1972 and a tighter exposure ' level effective July 1, 19767 "on the basis of the best evidence available now" /the text next expresses a general policy on evidence/ "even though it may not be as good as scientifically desirable" /Ehe statement appears to be of general application, it does not characterize the present evidence base of this standard as not as good as scientifically desirable/ "An asbestos standard /and for that matter any standard/ can be reevaluated in the light of the results of on going studies and future studies, but cannot wait for them. Lives of employees are at stake". These statements tend to suggest that the greater the gravity of the consequence of exposure the lesser the requirement of scientific quality in the evidence upon which to base a standard. This con clusion is perhaps extreme; and when "Lives of employees are at ---------------------------------------------------------------------------------------------------------------------- T X4\5673 ORC OS&HS Group - 2 6/20/72 stake" it is difficult to counsel delay, but evidence even though not the best should point to a helpful result from application of a standard or the standard will be deceptive as well as futilely costly. This standard as well as any other standard can be reevaluated and modified or revoked by a 6(b) procedure initiated by ar_ ^ .he several persons identified in 6(b)(1). The inclusion of such state ment in this the first standard should be regarded as of signi ficance. Section 6(b) of course clearly provides for this pos sibility. There have been statements made that there is a lack of knowledge about occupational illness, a number of studies have been started and many more will follow. A procedure will very probably emerge by which standards and exposures are periodically reevaluated according to the then available scientific evidence. Employers will need to devise methods of identifying and recording relevant information in order that work place experience can be brought to bear upon the periodic reevaluation of a standard. Employers might wish to initiate the steps toward modifying a standard; or to be prepared, if necessary, to present evidence when a movement toward modification has been initiated by one of the other parties so authorized by 6 (b) . There is of course a sort of evaluation-reevaluation involved in issuing a standard le<rel of exposure effective July 7, 1972 and a more restrictive level effective July 1, 1976. The suggestion of reevaluation in light of ongoing and future studies seems to be particularily applicable to such later effective dates. The explanatory text, however, speaks with a sense of finality and permanence about the July 1, 1976 permissible exposure. The intervening time is called "transitional", to permit in some plants "extensive redesign and relocation of equipment". The methods of compliance are stated simply and without qualification "Engineering controls ... shall be used to meet exposure limits...". The word feasible is not used here, however, it does condition use of a respirator in (d)(1)(i). In the discussion the statement is made that protection is best obtained by first controlling the generation. In addition to being requirements of an asbestos dust standard, these are concepts which may very likely be found in future standards, as proposed and as adopted. And, a question must arise for NIOSH to ponder, if engineering controls do in fact meet the exposure limit, and are accordingly to be the preferred A21713 -----------------------------------------------------------------------------------------X4'5 bji-------------------------- onsidered under headings other than and following ctices are none-the-less work practices involving the work place, labor-management procedure and labor relations. :s are written in light of law and regulations. icedures, Personal protective equipment. Monitor'"g, id Medical examination provisions of the Ash*-.- . >ecome implicit in all labor agreements? The Act n employee may complain to the Secretary of Labor ar is not complying with the standard, can an ile a grievance so complaining; can he use the oliance as justification for not carrying out some pervision? lich is (d) (2) (iv) (c) and which begins with the ,oyee shall be assigned to tasks requiring the rs if, ..."introduces procedures which are to provisions of labor agreements or to personnel there is no union representation. The use of such as task, job, position, and assigned, rotate, open to argument whether in each instance synonymous lings were intended. tis standard the procedure is to come into effect ion during a transition period, but that use does procedures use in other standards. The question d, and which will certainly arise in future put by paraphrasing the standard. If an employee, ndividual health condition, is unable to function ifety and health of that employee or other Impaired by his presence, shall such employee be equivalent job if available? Note that this i a standard relating to occupational illness, kely that such concept would be applied also in partial disability from traumatic injury? there is nothing peculiarly and exclusively sestos in the provisions of (f) Monitoring, md labels, (i) Recordkeeping (j) Medical > are provisions which will very likely be andards on airborne contaminants. It is well arts of the standard in their broadest impli ne as part of an asbestos standard. X415676 &217Vb uiM<;r, ni?<; ^,,HrFT N w > WA,,(JL,NC(T0^_n c n the highest 'ed in such flexible sed to control azard - and the ' ngoing studies. .ted ANSI standard? 1 jeriodic review and practices. From this d with labor-management ide exclusively by >n-management where Eected by this standard. ts that are dealt with ing, job evaluation, and .tively using thou shalt , mixed, applied,"... all be removed ... ... shall be provided .dard ... expressed performance desired", e used" paragraph (d) e with exposure limits... ; or shift rotation". Lotation of employees as s allowed only in stated general rule it would be tatement shift rotation is install engineering controls ictices"...thereafter to be emergencies. engineering controls and and limitations placed on ds "shift rotation" are lands, excess manning, >stly, frequently not a a hazard and almost im- arted. A2 1 71 4 v4\^ U>35. onsidered under headings other than and following ctices are none-the-less work practices involving -he work place, labor-management procedure and labor relations. -.s are written in light of law and regulations, icedures, Personal protective equipment. Monitor'-q, d Medical examination provisions of the Asbr. .... ecome implicit in all labor agreements? The Act n employee may complain to the Secretary of Labor -ar is not complying with the standard, can an lie a grievance so complaining; can he use the sliance as justification for not carrying out some iervision? iich is (d) (2) (iv) (c) and which begins with the oyee shall be assigned to tasks requiring the rs if, ..."introduces procedures which are to provisions of labor agreements or to personnel there is no union representation. The use of such as task, job, position, and assigned, rotate, apen to argument whether in each instance synonymous lings were intended. iis standard the procedure is to come into effect ion during a transition period, but that use does procedures use in other standards. The question d, and which will certainly arise in future put by paraphrasing the standard. If an employee, idividual health condition, is unable to function nfety and health of that employee or other Impaired by his presence, shall such employee be equivalent job if available? Note that this l a standard relating to occupational illness, kely that such concept would be applied also in partial disability from traumatic injury? there is nothing peculiarly and exclusively aestos in the provisions of (f) Monitoring, ind labels, (i) Recordkeeping (j) Medical i are provisions which will very likely be andards on airborne contaminants. It is well arts of the standard in their broadest impli ne as part of an asbestos standard. X 41 5 6 7 6 &2'7Vb u iM<:n o<\, r,r.r> .i_sTirrr n, w,, Washington, n. c. w,v. -l-TTT'r--1 highest n the d in such flexible d to control :ard - and the ** * * ^ i* ia f. ctices. From this ith labor-management exclusively by lanagement where red by this standard. i! that are dealt with , job evaluation, and ely using thou shalt .xed, applied,"... be removed ... * shall be provided d ... expressed formance desired", sed" paragraph (d) ith exposure limits... shift rotation". .tion of employees as .lowed only in stated sral rule it would be ement shift rotation is stall engineez-ing controls .ces".. .thereafter to be ring controls and Ltations placed on t rotation" cure cess manning, equently not a and almost iro- ORC OS&HS Group -5 The subjects considered under headings other than and following after Work Practices are none-the-less work practices involving and affecting the work place, labor-management procedure and the quality of labor relations. Labor agreements are written in light of law and regulations. Do the Work Procedures, Personal protective equipment. Monitor' Housekeeping and Medical examination provisions of the Asbi-*. . Dust Standard become implicit in all labor agreements? The Act provides that an employee may complain to the Secretary of Labor that his employer is not complying with the standard, can an employee also file a grievance so complaining; can he use the alleged non-compliance as justification for not carrying out some direction of supervision? The paragraph which is (d)(2)(iv)(c) and which begins with the words - "No employee shall be assigned to tasks requiring the use of respirators if, ..."introduces procedures which are closely related to provisions of labor agreements or to personnel practices where there is no union representation. The use of different words such as task, job, position, and assigned, rotate, transfer leaves open to argument whether in each instance synonymous or different meanings were intended. Admittedly, in this standard the procedure is to come into effect only as an exception during a transition period, but that use does not so limit the procedures use in other standards. The question which is presented, and which will certainly arise in future standards can be put by paraphrasing the standard. If an employee, because of some individual health condition, is unable to function normally or the safety and health of that employee or other employees may be impaired by his presence, shall such employee be transferred to an equivalent job if available? Note that this question arises in a standard relating to occupational illness, would it not be likely that such concept would be applied also in case of permanent partial disability from traumatic injury? In basic principle there is nothing peculiarly and exclusively identified with asbestos in the provisions of (f) Monitoring, (g) Caution signs and labels, (i) Recordkeeping (j) Medical examination. There are provisions which will very likely be repeated in most standards on airborne contaminants. It is well to consider these parts of the standard in their broadest impli cations and not alone as part of an asbestos standard. X 415676 fc217Vb j_STnrFT N. W,, WASHINGTON. n. C. 200";'. It was because asbestos was first that there was the controversy which is described in "6. Records" - "Most of the controversy in this area has revolved around the question whether an employer should be allowed to have access to the results of the required medical examination. The apprehensions of those who have argued against employer access is based on the expectation that some employers will use the medical examinations as a means of screening employment applicants# and worse# as grounds for discharging current employees# who show signs of being affected by exposv'to asbestos" Although the current standard resolves the controversy in favor of disclosure to the employer it is unlikely that the controversy is finally resolved or that the apprehensions have been put to rest. Medical examinations, and medical recordkeeping will be an impor tant part of most standards. It is probable that each new criteria document, recommendations of an advisory committee and proposed standard will have to face the controversial question. It is most likely that statements filed in relation to proposed standards and oral statements given in standards hearings will express the same apprehensions and maintain the same controversy. There is a discreet warning and a recognition of the future po tentials of this controversy in the Department's statement -- "On the other hand# there is no intention 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". Employers should anticipate having to justify access to medical records again and again in relation to standards which may or may not bear directly upon their particular industries. WTB/LT:cs Enclosure X 415677 &21716 OrtUVM.'ATlON UCSOUHCCS COIINI',CLOUS, INC., 1G60 L SIHdl N.W., WASHINGTON, 0. C. VMtV. STANDARD FOR EXPOSURE TO ASBESTOS DUST "STANDARD FOR' EXPOSURE ' STUDY-ANALYSIS OF THE STANDARD TO ASBESTOS DUST" The promulgated standard deals EXPLANATION PUBLISHED WITH THE STANDARD With,* .<*J Definitions The proposed standard Ucult with (1) permissible cimcrntrutlnnA of ni.hc.'.toi libers; (it) methods of co; ;,,s;.,:o: stl) (b) Permissible exposure to airborne concentrations wMinnir.siiru.s: (4) monitori.i,;: iro.inci:leal cximilu.uion.s; nini IC1 rvoi.\'cc,i 'imr. Each of these mftjor proposes elic of asbestos fibers ited comments, argument*, o.ijccuoiu. Mid counterproposals. They nil have been (c) Methods of. compliance `examined and consUicr"' . , 1. Acceptable car u of csbe:- (d) . Personal protsetivo ogutp-- tot dust. Tlic pit *;.>/. lard would . ment (e) Methods of measurement (f) Monitoring limit occupational exposure to fl-'r.our limo-wclchtcd average (TWA) airborne concentrations of asbestos dust not ex'cccdinrr five fibers longer than five nilcroivictcr* per milliliter. Concentra (g) Caution signs & labels (h) .Housekeeping tions above five fibers but not to exceed 10 fibers fcctlJnc concentration) r.o..iu bo nennlitcd up to 13 minutes In nn hour, (i) ' Recordkeeping but for not more than i hours m any otto 0-hour day. (j) Medical examination . - MXOSfl In effect has recommended tliat tho flvo-fiiber TWA and 10-fiber 'peak concentration.'; be permitted only (Promulgated June 7, for 2 years: thereafter, TWA concentra tions Kliould be not more than 2 fibers 1972, Federal Register Page 11318) per cubic centimeter (cm.') of air, and pcale concentrations should not exceed 10 fihevs/cm.\ with no time restriction. Numerous objections and counterpro posal* have been made, with regard to both tho limits of asbestos finer concen 5 VJlO.OSn A.hcloii. trations and the lime per.oil;, to comply . with them. Some, for example, have rec (a) Definlltom. Tor tho purposo of this r-cVion, 'll) "Asbestos" Include* One standard for.all kinds ommended rotUrn to a m-h'ner standard of on earlier day; ;.e.,,n level adopted chi-yxoille, amoMtc, crocldollto, tremo- under the Wahh-IIea'.cy Public C'ou- JiUi, luithonhyllUc, And nctlnohte. j tracts Act In 10001 Others have recom it) "AsbcsUi* fibers'* moan* ftibetto* , mended ft two-fiber standard to become Abcm lunger thn 9 micrometer*. \. effective In 9 mouths, then n onc-ilbcr (b> I'crmlscibln exposure to airborne standard for 3 years, rind finally a zero- coiiceninifions 0/ asbestos filnmlunl clh'cliue July 7, fibers--I1) U71. Tho A"A ^ reCtlVo *7?//7)^/*7i*2 li-hour '.ime-wchihtcd nverauo Mrbomo i interim level fiber standard after 3 years. T1ie.se rec ommendations r-ivo a fair indication of the wide spread of Iho counterproposals. /mucculratiunn of asheston 'fiber* to which miy cmployco moy bo exposed " Finding of fact] No ono ha* disputed that exposure to ' asbestos of high cnour.h intensity ami tdi.-vU not exceed flvo fiber*, lonecr than' lonit enough duration ,`s causally related 5 micro i nr ten. per eubia centimeter of . to Mihc.stosls and cancers. The dispute is Mr, i\.% determined by the method pre- as to the iietcnnination of a specific level beribeil In parairrapU <e> of Uu* section, : TimOf)fl.Shio<uunrlnllrm<tc-vvU.'ecebtiihutecdJunvlyora1n. o nlr-t7 Effective 7///1a//7/6d bvrne, cohcciitrntion* of ftsbcvto* fiber*} final'level. below which exposure is safe. Various studies atlcinjJihu: to establish quaiuiiative relation* between specific level* of exposuro to asbestos fibers and the ap to whirl) M'V employee mA)* bo exposed'. These are the pearance of adverse biological manifes rhfth no*, exceed two fil'cm, `.oncer tlmn 5 micrometers, PT cubic centimeter of i only "effective tations, such xs asbcsUssl.s, Imwr cancers, and mcsotlielloina, lmvo r.iven rl..o to Mr, rut determined by the method pre-. dates" in the coiilVovor.sy At U> tho validity of the scribed in paragraph <c) of this section. I (3) Cellnto eoneeufrnlion. No cm- i ` standard; the moivmrlnr lechnlriuc.s used and the rcll.v* bf.Jty of thej'elallons attempted lo bo jiloyec .shall be cxixjsed ftl uny ilmo to ; other parts , nlrbomo concentration* of oi.be.slo* p.xLabll.ibcd/Dceame of tlio loiuj lapis: of time between onset of exposure and fibers In excess of 10 llberi, longer thon are immediately biological m....n. nifesUitlons, wo have now 6 mleromolcin. per eubto centimeter of,, effective. hlr, i\* determined by tho mothscl pr- Finding of faotj evidence of the conseriucnccii of exposure, but wo do not Uavo, in ccncral, accurate cubed in prurj>l) to) of UtU eoUon' X415678 measures of the levels of exposure oecurrinc 39 or 39 years' arro, which hare SEE, (f) MONITORING. _.IF_ MONITORING DISCLOSES LIMITS' (riven rlso lo theso coiucfiucnce*. Tnero nro also coinrovcn.lcs cohccntlnc tho relative toxicity of tho various kind* of asbestos, and varying hazard* bi dif EXCEEDED IMMEDIATELY UNDER ferent workplace*. , it (* fair to c.fty tliat the controversy TAKE COMPLIANCE PROpRAM i~ ha* centered in the area between ft twofiber TWA concentration mid Jlvc-Jibcr ft 2 1 7 1 7 TWA concentration, with variation* on* tho llmo needed for compliance. Many employer* *upport ft .five-fiber T'VA. Most medical opinion hi~d--i-v--id--e--d-sbe.t-w-e^en 2i In view oX tho undisputed crave eon* Three concepts of ___ sequences from exposure to asbestos fibers. It la essential that the exposure he great importance to ' / regulated nov.'. on tlio basi. of the hr.st evidence available r ' * though It standards preparation 3 may not be as go" _ . . . _ fically tic- and promulgation 3 slrablc. An asbestos standard can be re evaluated in tlio light of tiio results or onrolng studies, and future studies, but cannot wait lor them. Lives of employee* One standard for all arc at stake.' ~it Is concluded that thcro should bo kinds. ono minimum standard of exposure to asbestos applicable to all workplaces ex posed to any kind, or mixture o( kinds,' Reasons of1 practical administration ^ Jj( asbestos. Reasons of ltractloal ftrt-) ministration preclude a variety of stand* ' aids for different kinds of asbestos and of workplaces. Also, while the evidence ' tends to show that crocldolltc, for in*, stance, la more harmful than chrysotlle,' tho evidence Is not sufficient to establish separato standards for varieties of asbestos. Bccnusc there must be one standard governing exposure to all varieties of asbestos, and In workplaces apparently moro hazardous than others; bccauso some present employees with regular ex posure to asbestos have probably al- . ready accumulated great doses of asbes tos fibers, duo to higher levels of ex posure In tho past; because It appears that levels of exposure which may be safo with regard to asbcstosls arc not - safe with regard to mesothelioma; be cause the statute requires tho protection of every employee, even of one who may have regular oxposuro to asbestos during a working life which may reach, or even exceed, to years; and bccauso of several other considerations which have been urged and arc reflected in tho record of ' tho proceeding, the conflict in the medi cal evidence Is resolved In favor of the health of employees. As of July 1, 101C, TWA concentrations of nsbestos fibers ' longer than 5 micrometers will not bo , allowed to exceed two flbcrs/cc., with a | celling voluc of 10 flbcrs/cc. Tlie current ' TWA concentrations of five fibers, and celling concentration! of 10 nocrs/cc. will be permitted until July 1,1970. dur ing what will be a transitional period Period necessary tof-^ deemed necessary to allow cmnlovcisJa make changes ff nnko tho needed changes for coming, nto compliance with tho more stringent -dlAivdaul. The record shows that tlio many work operations subject to tho single nsbestos standard (textile, manufacturing, indus trial, luul marine Installation, etc.) will meet varying degrees of difficulty lu comnlyiinr with tho standard. In some, plant*, extensive redesign and icloca* X4 1 5679 llwi ofequipment may bo needed. It ap? nears, however, the delay In tile effective Tlaio of tlio two-fiber standard will pro*, A2 1 7 18 vnte all employers a reasonable time to. coinnlv. At the same time, so long as tho celling limit Is compiled with, no harm Is reasonably expected to result front ex* posurcs during Uie transitional period. 3 l U) Methods o/ compliance--(lfT/Tt [Engineering controls shall be oiiiccrint/ mctltods. (1) llnginecring con* trait. Engineering controls. such as, but , [used to meet the eexxppoossuurree', lliimmits no- tinned to, Isolation, enclosure, ex haust ventilation. and dust collecUon. hil iiiCit til mi-'-', the CXnosurn Ilium pie.-.eribcd lit paragraph lb) of ibis section. (,.) local exhaust ventilation, Ca> Local exhaust ventilation and dust col* ledum systems shall bo dcslcncd, con- b'.nicled, installed, and maintained In accordance with the American National ANSI Standards are required; by - ihar.ilai'd lAimlnmcnlabi Governing Uto IVsIun and Operation of Local Exhaust ANSI procedures to.be periodicallij tiyshnis, ANSI 7.0.2-1071, wlUch is ln- to.'.'OruUd by rcfcrcnco herein. ' IM Sea 1 1010.0 concerning the avail* ability 0.' ANSI 20.2-1071, and tha , iiiAintcnance of a historic flic In connec*, t,oii therewith. The address of the Amer ican National Standards Instituto U (liven in 1 lilO.iOO.. 1 (l.:> Particular tools. All hand-op* ' crated and power-operated tools which , may produce or release asbestos fibers In excess of tho exposure limits pre*! scribed In paragraph (b) of this section, i such ns, but not limited to, saws, scorers, abrasive wheels, and drills, shall bo pro* | reevaluated and reaffirmed or " revised. From here on to the end Labor/personnel relations, are deeply involved TT 2. Methods ot compliance. It has bcc pointed out by many persons, that pi tcction against asbestos fibers Is b, obtained by controlling tho generation 1 fibers fast, raid secondly, by coniroll. tho dlspcrslon-o! released fibers bilo ;. ambient air of the workplaces. Viicrc.V. the standard requires icaslblc tcehilogical controls and appropriate wu practices as tho primary means of eo.. pUr.ncc.' vldcd with local exhaust ventilation sys tems in accordance with subdivision <li) - of this subparagraph. (2) Work practices-- (l) Wet methods. Insofar os practicable, asbestos shall ba handled, mixed, applied, removed, cut, scored, or othcrwlso worked In n wet state sufiiclent to prevent tho emission of nlrdornc fibers In excess of tha ex* prc.uro i'.mibi prescribed -In pare graph Work practices: methods engineering and industrial engineering proce dures. Job content, manning and employee, direction.' (b) of this section, unless tho usefulness of the product would bo diminished thereby. . : . ill) Particular products and opera* lions. Nn asbestos cement, mortar, coat* lu-r. grout, pdisicr. or similar material These are all work procedures which are for employee compliance, the containing asbestos shall be removed from haps, cartons, or other containers employer must require the employees' in which they are shipped, without being cither wetted, or enclosed,'or ventilated *0 as to prevent effectively tho release ot abhorno asbestos fibers in excess of tho hmits prescribed la paragraph <b> ot Uns section, * (111) Spraying, demolition, or removal. compliance. This is a normal work practice [ It is not transitional, but is ^permitted by (d)(1)(ii) requirement. application Employees encased In tho spraying of- asbestos, the removal, or demolition of pipes, structures, or equipment covered or Insulated with asbestos, and in. tho removal or demolition of asbestos In* dilution or coverings shall be provided with respiratory equipment in accord* (J:cc w.tii paragraph IdHifl (111) of this Mandatory use is implicit "providing" alone is not enough. . X4)5680 | section and with special clothing In ac cordance with paragraph (d) U) of this hlC' A2 1 7 1 9 <d) Perianal protective equipment-- (l) Complianco with the exposuro limits prescribed by paragraph <b) of this sec tion may not bo iteUlcvcd by the um ol xc.xplrotors or shllt rotation Of cm ployccs, except: (Engineering controls shall be usedT) compliance may not be achieved by use of respirators or shift rotation, except <t) During tho time period necessary * to Install the engineering control* lumj.l a recognition of time required for to institute tne woric pmcticc* rcguircd/H engineering controls, and as well by nar.icraph (c) or tin* section; "`I 3 . ., Ill) In work situations in which tho WOrX practices f method* prescribed in paragraph (o) of thi* section Are either technically not feasible or fcasiblo to An extent Insuffi cient to reduce the Alrbomo concentra tions of asbestos fibers bclonv the limit* prescribed by paragraph (b). of till* section; or Respirators or shift rotations ex ceptions because rotation would be difficult to implement, and re^ j^. hota lion of employee* as a way pirators cannot be relied t meeting the TWA concentration re (lit) In emergencies. ____ fiv) Where both respirators And per sonnel rout!on are Allowed by subdlvl-| upon because comfortable. sions (1). (il). or fill) of this subpora-| graph, and both are practicable, person & nel rotation shall bo preferred and used. they are un-> \ (2) Where a respirator Is permitted by subparagraph (1) of this paragraph, it I shall bn selected from omonrr liioso ap proved by the Dureau of Mines, Depart Mandatory requirements are ment of the Interior, or the National In stitute for Occupational Safety and implicit throughout; it Health, Department of Health, Educa tion, and Welfare, \mdr the provisions of 30 Ctlt I'art 11 <37 P.R. 0244, Mar. 25, would have been helpful if 'the draftsman had made a ;i72, and shall be used In accordance with subdivisions-UK <10. (ill), and (lv) more frequent use of the of this subpamcroph. expression which appears quirement 1* allowed only In stated ex ceptional circumstances, because, as a general rule. It would be d.iiicult to Im plement. Persona! protective equipment, such as respirators, cannot be relied upon because, among other reasons, they may bo so uncomfortable as to be burdensoine. except for short periods of time. Therefore, tt Lx expected that res pirators and shift rotation will bee uusseedd , during the period necessary to instaallll ch-"j : clnccring controls and to train omnpp'.oy- I. ces In sound work practices, but, aafter I technological complianco has b achieved, their use must bo limited to ' special work situations and emergencies. :Whoro both aro practicable, shift rota- 1 tlon Is roqulred. (I) Air ptiri/yhie respirator!. A reusa ble or single use air purifying respirator, or a respirator described In subdivision (il) or till) of this subparagraph, be used to reduce the concentrations of in (3) Special clothing: ' "The employer shall pro vide, and rectuire the_usa a. i borne asbestos libers In the respirator , below the exposure limits prescribed in ' paragraph (b) of this section, when tho ceiling or the 8-hour time-weighted aver-1 ace airborne concentrations of asbestos! fibers are reasonably cxncetcd to exceed| of. special clothing,..." no more than 10 times (none nuiiLt. I (II) Powered air purifying respirator!. A full fueepicco powered air purifying respirator, or a powered nlr purifying respirator, or a respirator described in suiiiiivision ml) of this subparagraph, al.-ill be used to reduce the concentra tion, of airborne asbestos fibers in tho respirator below the exnoiuro limit* pro* scribed In paragraph (b> of thl* section, when tho celling or the 0-hour Urn*, weighted avcrago concentration* Of iishextos fibers arc reasonably expected to exceed 10 time*, but not 100 time*, those limits. (In) Type "C" luppllcd-alr mplratort, cotitmtiflifi flow or pressure-demand rluss. A type "C" continuous flow or pres sure-demand. supplicd-ntr respirator shall tie ii'.cd to reduce tl)e conccntrn-.. lion:, ut air'ionia asbestos fiber* In 'tho rcxplrntor below the exposure limits pro- * ; scribed In paragraph (b) of this section, when tho ceiling or the 0-hour tlmc' weighted average alrbomo concentra tions of AxIicMo* fibers aro reasonably X415681 expected to exceed 100 times those limits, (tv) Tstubltshmeut of a respirator pro A2172C gram. la) The cmploysr shall establish - respirator program In accordance with 5 ........a. >.' '.he Air..', if.11, N.l- ............... *. .*c: .<>r ,, ..... jui>. winch ...f .. / l.crcui----l i.w *,'*ifo !( *io i\vcxil* /.*, "!<*/ *( ....... r,; ............c w. connection 44*.'^ t*#c Aii**jriw4n Now and as may be later revised. Any suggesting, advising or "should" language is to be read as mandatory. t* )(/ *'. .,/*C<V c'C !><(< iiC tLLiiuiiiii ^ Note confusing use of words -"task","job", "position", ..........: : if, ***w. 2 ; C.1 m^^n_f i^yruiiiics U^itJ ..a v... wc to runc;.on ........... * ;v:;;.;.aior. or;lM .^.'v;y o.1 u.` u.c t'xyloyce or *..... w**i i.e .i^n-uvoiby his* )i, m oc** cnt[)ioyi'Ci * jo ^* r.vc:\ **o .... ,,..... io .-.s;.'r '.o <1. Heron*. po- and "assign", "rotated" and "transferred". "his"-"most recent"-"an examining physician1- iiu..ction normally", are all indefinite and will need careful application. Note "comprehensive medical examination" in (j)(2)&(3), very specific. . ...-- v.,.0. 0 liuuv.i ..c ..b'.e lo perform v.... .m..c employer, in the same neo; ..re,. ;.d w.ili the time senior* "tasks requiring the use of respirators" meansincumbent employee is to be required to wear. ;.no rule of pay ho had just p; M.ch u.\r..-..'er, if such a uiHercnt W ItVlUihblii. ;, c!oUii Tiie employer h Note expression "and require the use of" this ., .,'..ire vi.e u..c ol, x;ictw covcrun* or admonition to the employer is implicit throughout. Vi,iv iaik/ Ciuitiiiiii, iiCtid coverings, ......... ...... f.> cuvvrmns 'or :.r.y cm-_ ,-i ix.msoii Vo ..irbor.io concenlra* .......oi .. v<'..Vu:> l.iir.x. winch exceed Uio it >.>,. it'vv.i ^CLwOtwcu o> yAriiji.jit (b) V* * . * **</*. .. C.... i.-c vow...:.: C.) At any fixed ......i i<: .;..,>.oy...ciiV exposed vo airbomo ....... ..s o! c.-.U.s fibers In ex* i..c o:.i0.....v- ....ids prescribed m ib* hi section, live ei'A- ; . :1.:..', Pii.v.cu ci.ai.;iu rooms (or \... . V Al Ihb JJiwCU. If "and require the use of" is implicit in (4) (i)&U i) is the change within or after end of the shift? If \..i C.oVv.cs .cc.;..i'V; the ciroioycr i'v... urn i cmn.vo lockei's or cai~ w.- c.\c.. u.:.;i.bycc, so separated w.* ......U'.. ,s lo .ircveas Cor.tar.vir.atvon change required can this be construed as work time, hence compensable, and if after shift-overtime? u. ;';.t v.....'.oycc's sv.ee. c.Othcs from his V..I. e.i.v. iv':.. 11 i '' --.la.iicrir.c:: (a) L.vur.derinc oi usUc.Ms rwilVbiii.is.kUd clovhine shall bo t.oi.e so vo prevent the .'clcn.sc of air* ..vi.'.aos fillers n. excess of live cx* y.... .....*v.. pi euc.'.ued . ..ara^rapls (I>) X* *!* .it'Chwh. (b/ Ai.y ei.i.iloyor who jives asbestos* .....heel ch-lhlng io another person i.-:" s'Hi*-h jh.orm sum porsolt : oiv* oT*l' .1s su'iuT-" This is to protect those who do the laundering, might be out of the plant contractor. Does this suggest a possibile liability to this outside -. e.'.V.s'.Ve'.y pieVeT.t Cue rctcSsO v. w........- ie . .-.his libers In exeexs of contractor? ..e .......e ......os proscribed iu para* .*' 01 Vh.s scct.on. >e. Cw..l..r..Led r'.olhlr.K shall bo sci.icii impermeable bans, or uV..er close... hupoii.'.oi.Via cor.tabvcrs, r.w Inbc.ed iu accordance with parat*'*iih in) hi till* section. A2 172 1 X41568 6 Ivi Method ol virnsnrcmenl. All de ter.,..n..l.ori:. of airborne concentration* itl fibers shall bo made by tho liicn.brano filler Method ul 400-450 X (i.uu.T.lf.caUon) (4 millimeter objccUval w.u; phase contrast illumination. Only one approved method No alternatives Monitoring--<11 Initial determt- ,..,1,01.1. Within >1 n.onUis of iho publlo: Uils section, every employer enuso ever/ iiiaco of employment (--Place to be monitored y~..a.'.i.o.suw filicrr. m released to bo i.'^.itorcd m .ucli u wny ivs to determwo In such a way as to" 4. Monitoring. Tho prniioscd slain!-, _wiu.-ihcr_ every cmnloycu's cxiio-surcto would hava required personal moults, j, l.,.:;.u>s I'iHcrs is below iho hirnui iifo- ing and environmental lnomtou;. :i,u m nni'iii'i-nnii 11)1 of this ..scd- "Many issues have been raised conccrt.i. If the limns lire cxcccdcihtho cm. nf.liall iiiin.i-ill.nelv uiulcrtako '' Cwi.s* .co i)io[;r.v.H In accordance witZT -J... y.ii/li in o; Hi'i.rsctnair Monitor where asbestos fibers are released-in any concentration-if limits tho availabllily and reliability of nv.i urine Instruments, frequency of mm. taring. and conditions In which mor.no. Jug should be required. The adopt till J'a tonal nuiiHioriua--111 Samj.'.i*:. i-l'.a., be collected from within the are exceeded then comply standard takes Hie objections Into r.u. sldcrnlion. it requires periodic monilo. i..:.,: /one of iho employees, on Ing at Intervals no longer Ilian C ir.onii. i,,v;..lir.-u.e filters of 0.8 micrometer po- thus allowing considerable lime and t. n.v.,.y mounted in an open-face filter These issues will be raisedcrctlon, and prescribes the -se of t. S.nuplcs .'.11011 bo taken for Iho i.v.crniiiiiilion of tho 8-hour - time- in almost all standards membrane filler method, which Is --. . ceplablo rr.etliod for be'.ur;i>.r.ti.04 vv.,:hivu average airborne conccntrat....". i.uc of me ceding concentrations of where monitoring is re asbestos fibers. It has also beer. reeo;r..T.er.i.'cd asbestos fibers. quired. Recent informa employees or their representatives slu, (.n Sair.plixii: frequency and patterns. After the initial detcniiiiiuUons required tion is that ASTM is liavo on opportunity to observo i. monitoring. The recommendation h by subparagraph (1) of tills paragraph, considering preparing boea aoceptod. samples shall be of such frequency and _ pattern ns to represent with reasonable standards on sampling accuracy the levels of exposure of cm* ployces. J:i no ease shall lire sampling bo testing and instrumentation. done at intervals treater than C montlis for employees whoso exposure to asbestos ,my reasonably be foreseen to exceed the limits prescribed by paragraph (b) of li.it section. (S> environmental monitoring--(t) i.amplci. shall be colicelcd from areas of a work environment which arc represent ative of the airborne concentrations of asbestos fibers which may reach tho breadline sons of employees. Samples shall bo collected on a membrane Alter of 0.8 micrometer porosity mountod in an open-luce filler holder. Samples shall be uki'i. fur the dctcriulnailuiv of the 0- hour lui.o-iveitliti'd average airborne. coner:ur.mons mid of iho celling coil* cciilralioiis of usbvslox libers. (u> .Viimpinii/ /ri'vm ncv and patterns. After the inltiul determinations required by subpnrncranh ill.of this paragraph, samples shall be of sueh frequency and pattern as to represent with reasonable accuracy tho levels of exposure' of the employees. In no cine shall sampling be at Interval* greater than 8 month* for employees whose exposures to asbestos may reasonably be foreseen to oxccod tiie exposure limits prescribed In para A 21 72 X 4 I 5683 graph (b> of this section. Hi Employee obierunfion of vionffor- wiv. Allcclcd employees, or their rep resentatives. shall be given a reasonable opportunity to observo any monitoring rec...reri by litis paragraph and shall have (,;> Cmilion tin ns (i ud Icilirlx. (1) Cau- ii.n iijns. H`> I'oxtino. Caution slant bo provided displayed at each wi;eie Kiiuofi-.t concentrations ; '.iM-n. may be in excess ot the xpovuic l.mlLs p.e.'.rr.bcd paragraph in of Hu* sccLioi,. Signs shall l>o posted .1 ;.uch ; (iKirx.ee .'rum iucl> & location o i.u.i an employee may read tho signs j-.ii uc necessary protective steps bo- u.e entering t!ic area marked by tho ....is. Si>;i> shall bo posted at all ap- ,.u..c'..cs to area* containing excessive u..uiiuaeiu ot oiriwno asbestos i.i< s.jit sflfclScallom, Tho wanning ........ required by subdivision <l) ot this shall conform to tho re-. ;....oir.c.iU of 20" x M" vertical format specified in {IDlO.l'.Sfd) M). and m .las .'.uodiVisson. Tito signs shall disi>.uy the following legend iu tho lower nar.cl, w.tlt letter sizes and styles of a riwility at least equal to that specified u. tlus subdivision. Ltyciui Notation Jw-. eeAXAi'U.. \V. Pruicuv sm/uPkA'Us. Do ;umwIii In Arc* w...Ch3 Your Work Ao Zl Lev.siUiu,; AkUcsIoo Dual Mu/ )Jo iUzoruou* To Vour hcaUh. 1" Saiis Sortf, Got it to or block. V Sails son/. Count or Blook. 14" Cotlite. , W" CoUUe. \4" Gothic. 14 point Goutie. spacing between lines shall bo at least equal to the height of tho uppor of any ' twu lines. \-i Cuiitton labels-- (I) Labeling. CauUui. l.W.s slu'd; bo (..Tixcd to all raw it.-...'.i, in.xi.iic.s, scrap, waste, debris, ai.d other products containing asbestos r.bcrs, or to their containers, except that no iatcl .x required where asbestos fibers have been modii.cd by a bonding agent, . co.-uj;-.' binder. or other material so that du.M-.,: :.i.y re.i,on;ibly foreseeable use, l.;.hu..r.-. storage, dispusal, processing. or ir..i;:v.',,'.,,i.or.. no airborne concentra tion:. of asbestos fibers In excess of tho exposure limits prescribed in paragraph (b> of this section will bo released. iu) Labe! tncctfieations. The caution labels required by subdivision Cl of this i;up.u;:r..:iii .-.lull bo pr.nwd in letters ui <.'..:.j;icr.t size and contrast os to bo readily visible .aid legible. The label shell sue: Osunow Contains Asbestos Ptbsrs Avuiu Cresting Dust Broaching Ai.UMinu DuU May Cause Otrious uouuy iurm s 7 | I 3. Labeling. Tho proposed stand--4 slopped short of requiring labeling --> bettos mid asbestos-containing products. Tlic proposed standard would have re quired only warninc signs at lac:.U,,;n where asbestos hazards aro present. . However. labeling*. ratltcr than wamin,: ticus. lias proved to lie a point of con troversy. Doth NIOSU and the Auvh.i.v Committee on Asbestos Du. t reeu..;- mended labels for asbestos products _r...; containers, and these rccoar.r.encl;.t;o.j. buentno very controversial in tiic course i of tho proceeding. Many eovjttc.v,.'- j proposals have been made as to the l..r.. niianc of the warning as well as to -..j products to be si:b;ect to lac ,.w..;..| requirements. Employers, Sr. re;.,.....; Rtrongly contend that ill f.nislted . vets which clfccbivcly crura;, ns'uc--- j fibers, so that those would not be rel.s ..j - In the normal use of the products, s:.o~ not be required to.be labeled; u* it 1; words such as *dar..':er" and ''eauct.'" ^ unwarrantedly alarming. \ Both contentions have merit, and 4 standard has been changed according./. *? X415684 A2 1 723 8 <h' //omr.Vf<')>iii?--(1' Cleaning. AU external surfacea in any place at employ ment .shall be maintained free of nccu- :r.ul,-ihons at asbestos iibrrs If, with llJCir i.-sponcan. there would be an excessive cer.fi'n'.rnllon, , (Jt> Watte disposal. Asbestos waste, temp, debris, bnes, containers, equip*! ".".it, ami asbestos-contaminated cloth* in:;, consir.nrtl for disposal. which may produce in any reasonably foreseeable use, hanrllini;, .Hornre, proccssinc, dls- ;K>..al. or transportation airborne concen trations ol osiy'.stos fibers in excess of tiro exposure limits prcscrilicd in paraqrapii tb) of this section shall be collected and disposed of In scaled impermeable bans, or other closed. Impermeable containers. This could be considered along with "work practices". This includes outside of the plant, and protects others in addition to employees. A2 1 724 *415685 9 These provisions: 8. Records. Tile standard, as proposed and ns adopted, requires maintenance of records of monitoring and of medical i,/ j:ccunll;rt'p,/,!/--l J > Exposure nx- (i) Recordkeeping and examinations. Most of the controversy in nli, Every c.M.ildycp i.hall Hiini'.tatn rccr.u (,f ar.y iiCTf.oi.A. or ur.vu'ui .mental (j) Medical examinations as well this area has revolved around the ques tion whether an employer should be al .-."uiUtriw rewind fay section. iicc- * as the discussion are of . u., shah fau jiiiiinu.j.cci lor a period of lowed lo have access to the rtr-ul -s of llio required medical examinations. The >; ;c;u.; ii ycur* and shall be made avail- highest importance as bases apprehension of those who have r.rjuc.i upon request lo llte Assistant Sccrcu;' Labor /or Occupational Safety for predicting provisions iu.'aIiuc employer access is based on the expectation that some employers will use _.u iicaltr.. the Director ui the National of future standards regard ........;o h.r Occupational Safety and .u;.. to auUunucu iv'prcscnu- *vv* u ing other substances v'.. Employee access. Every cmployeo ui... former e.'iip.oyoo shall have reason- i.eews to any record required to be ...a.;-.',..ue<l 'ey subpavauraph (11 of tlds i-,,;<a. which Indicates the cm- p;o.v,v,x dim exposure to nxbcato fibers. Ui Employee nolirtcalion, Any em ployee luund to have been exposed at any airborne concentrations of asbesi'/-. i..>Cw in excess of the limits pre- i cr.ijc.i in paragraph (b) of this section .sli.ii: oe notified In writing of the expo- tiav r-i toon as practicable but not later Hunt !> ib.ys of the Lulling. The employee .d;.o bo t.niely notified of Uio cor* Warning iVi'tivc actior. boir.i; Liken. >,' .tfediccif examinations--(1) Gen- iv.ii. *.i.e employer shall provide or mako i.v,......,.u ... hlo cost, medical cxamlna- t.u;... .vl.it.vc u> exposure to asbestos re- (,u..cd oy tii.x paragraph. i~i ^replacement. 'Ilia employer shall prov.de or make available to each oi his Examine employee who works an rii.r..v.yeor,, wii: calendar days foj- occupation exposed "to airborne occ_c.e_.e_r.-_t.i_r.i.._,..::t..--t~ichonai.s.s..~'e..5_f.xi.rp.ra.s.oa.".tsi...ee..di.ec..bm..st.o.p.i.Tl.o.h.yt.c..m.ir.rs.b.e.-ona-v'tnncceo_in_mcnoarngn-r]twcoonn.ci.teonrit.nraqtiorenqsu"i..reRmeelanttes t,h'~is~ to (f) (1) the medical examinations as a means of screening cnuiloymeat ` -ants, and worse, os crounds for . ...... rurre:;-. employees, who show signs of bo in; af fected by exposure to asbestos. S;r.ce the purpose of the medical examinations .s to monitor tbo health of employees ex posed lo tho hazards of nbestor., em ployees cannot in reason be tT-'ar.led tlic privilege of .refusing to disclose to their employers results of occupational expo sure. It docs not make sense to require employers to provide medical examina tions If they cannot know and use the results of the examinations. Tor these reasons the standard provides that em ployers may have a restricted access lo some medical information. j--<On the other hand, there Is no Inten tion lo allow employers '.o abM.- i* niPtiira! information obtained pursuant lo the Act, Co CHS detriment of cniployoi'h iiiei'eiore,. wo ndimiiiMi r'. 'iit o: TTie ined- ie-td- re-c--o-rds mrrrrun:1.', will__be closely watched, and. In ci.scr. of abuse, anni'otU'late .tc'.lon v.'i.: i;.- -or: lileVrdl-- S. 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 h.vc medical examination, which shall I _ _ '. also many helpful conv.r.cnu. The recom os a minimum, a chest roent- A comprehensive medical examin-- ;.vi.o,,.-am (posterior-anterior 14 x 17 is Inches!. a history to olic'.t symptom- Stlon snaii include, mendations of NIOSH and of me Advi sory Committee on Asbestos Dust were much mora specific with respect to boil; atolo.Ty of respiratory disease. andJ ______ . _. frequency and typo of medical exouniua- puhr.onary function tests to includo tnese Specifics to the tions to bo required. Tho comments vary forced vim: dapaoily (JVC) and forced vagueness of - "his most rrnt expiratory volume at l second (FEY,.,>.11 ^7 "is TOS`: recent as to the class of employees to be cx. amincd nnd as to the frequency of the Ui Annual examinations. On or bo- examination* in (d) (2) (iv) (c) fo.e Jur.u..ry 21, 10'1'J, ..r.il at least an- I examinations. Tito adopted standard requires medical examinations both at the beginning and tho termination of employments exposed to concentrations of asbestos libers, and lyces fn,Tipp-d Tn occupations ex.- also requires annual medical examina. ..li jc.iv rumvi-.trntlciu of m- tlons of every employee exposed to oi.-' ..vrs. eji.eh i.iti.iiA. examntaUOTPl borne concentrations of asbestos. It has ........... a.; <t mii.iimiin, a chest t'lK'.t*.... ..t^rai.t \-,>oamr.or-antrior 14 x been pointed out that in certain Indus, tries, such as construction, an employee l'.1 btel.es). a imho;/ w elicit symptom- may work for several employers during a:olo,,-y of rcophtitory disease, and the same year. Accordingly, the standard lutlmonary fur.ction tests to ine'.udo does not require cither preemploymeut, forced v.tal capacity (I-VC) anti forecd or termination, or periodic exainlnaton cxplravory volutr.c at i second (PEV,..) ^ of any employee who has been examined ill Termination o/ employment. Tito in accordance with the standard wiUiia employe.- iihall provide, or ninlio avail- This is able, within 3vi calendar days befora or after tl'.c termination of employment of , .. . . llKeiy SUD-- wty employee eit;:m:cd In ;>n occupatlon]Employea engaged in cityi-fr; In tikawte. ACCat?tl9Pl si . iviio'.to.'. fibers, a comprehensive medical occupation ex-- examination which chali Includo, as a to -- minimum, a dtest rocr.L;;enoctam (pos-r ject to the J ._ same above- warning. UT.or-.-.nterlor 14 x 17 inches), a history < to cl.eit symptomatolocy of respiratory disease, and pulmonary function tc*u to tr.dudo forced v.u'. capacity (IVCl .;,,rv volume as l second Vi] R4QA at i Hy-yn M 172b the past year. ( One question which has been raised goes to whether Uic employer or the em ployee should bo allowed to choose the examining physician. Tho stand.mi elves Uio option lo the employer. Sine some employers already have a medley examination program Jn operation, an^f also, have medical departments win somo expertise In tho diagnosis' of sbes tos-related diseases. It seems ntor. reasonable to penult them to ulillzo th present programs and expertise, than ( permit an employco to choose a privet general practitioner. '!> TV-.*::; I'znmlnntions. No medical , f* required of any cm* records show that has neon examined in ac cordance with .h." parauruph whlim tho p.isi l-yrar per.od, " (ii Aledicul records-- (i> flfofnfe- vn:tcc. K.nploycrs of employees examined pursuant to this paraernph shall eauso 3 le maintained complete and aceurato ' r.vj.-d. of ail such medical exumina- ^ v.im-.-.. Ttecorcls shall he retained by } vn:::nyoi-!i for at least 7.0 yenrs. ; ni) Access, Vne contents of the rce- .! orb.-. of tho medical examinations r-iuiivh. ljy tins paragraph shall be made av.i.i.iiiie. fur inspection and eopylnir. ;<i the Aant Secretary ot Labor for Voip:.iu>v.\.i*. Safety and Health. tho linreli-r of NfOf.itl, to authorized physlr.nus and medical consultant.'; of either ! of thent, and. upon the request of an em* j.ioycc or former employee, to his physl* cian. Assy physician who conducts a medical examination inquired by this p.ir.vpnph shall furnish to tho employer of the examined employee all the Infor mation specifically required by this ;'ara::rapU, and any other medical In formation related to occupational ex posure to asbestos fibers. 10 ' i f X415687 A 21726 T.-r t 1 i ' S-- ' I.' J|.