Document JNMmKXNXyZ7ZbJ5vy8RDg235O

OzU'A Pi /e, ^ K- 32 rV Y6 7/ February H, 1974 Doctor David G. Gillespie Chief of Pulmonary Disease Cleveland Metropolitan General Hosp. 3395 Scranton Rd. Cleveland, Ohio 44109 Dear Dr. Gillespie: After having had much difficulty catching you in the midst of your very busy dchedule, I was greatly encouraged by the productivity of our conversation of February 7 and 8. 1 appreciate your efforts on our behalf and the behalf of our employees. As I mentioned on the phone we were issued a citation by OSHA for failing to provide annual comprehensive medical examinations to each of our employees engaged in occupations exposed to airborne concentrations of asbestos fibres. They cite 29 CFR 1910.93(a)(j)(3) of the Act which I have blocked out in the enclosure. We have been given until February 22, 1974 to correct this viola tion and thus time is of the essence. If you would, please send me an itemized statement of charges for each of the examination procedures required by the Act. I expect that approximately 30 employees will initially require examination. When your technician is released from his hospital confinement and back on his feet or when you have been able to make other arrangements, I will schedule employees for examination at your convenience. There will be great advantages to us if the entire examination can be handled in one visit. Thank you again for your cooperation in this matter and I await your reply. Very truly yours, D3W/b David B. Woodbury Industrial Relations Mgr. 000-00--0000000456 Fos-0ei-sees80232afo 31:5306 REFERENCE FILE Lrocni .Vtutios tos fibers in excess of the limits pre ASbCSIOS .............. ......................... 1" Sin Serif. scribed m paragraph 'bi of this section G o i r. I c or Mini! be notified m writing of the expo uuit JlAiard....................... Avoid DrrMhlnp Dust -- NVc.tr Assigned Protective Cr;jrrnent. Do :*.*. Remain In Aron unloss Your Work Re Bloc!: S;m Serif. G oIb1c or Dloet. ii" Gothic. " Gothic. V Gothic. sure as soon as practicable mil not later than 3 days of the fiiulmg The employee shall .also be timely notified of the cor rective action being talten. (Ji Medical examinations--(1) Crn- crnl. The employer shall provide or make available at his cost, medical examina tions relative lo exposure to asbestos re quires It. quired by tins paragraph. Bn-v.f'.'iiS Asbestos Dust 14 point Gothic. C> Rrcplccemnil. The employer shall ;.Uy Be H.tiArdous To Your HcMtb. Spacing between lines shall be at least equal to the height o( the upper of any two `.I.tcs. '. O' Cculimt /cbcli -- H' Lckc:::ip. Cap tion labels shall be affixed to all r.v.v mauri.ils. mixtures. scrap, waste, debris. :.:td other products containing asbestos fibers. or to ilietr container;.. except thr.'. no ialiti is required where asbestos libers have been modified by a bonding agent, coaling. binc-r. or other materia! so that ciuritf any reasonably foreseeable use. h.uiu.mr, Murage, disposal, processing, or transportation, no airborne concentra tion:. of asbestos .fibers in excess of the exposure limns prescribed in paragraph. b i oi this se.-Lion will be released. mii U:i>rl specifications. The caution labels rctiuired by subdivision Ml of tins siibn.ir.iur.ipii shall be printed in letters of sulficicnt size and contrast as to be readily visible and legible. The label shall staee: Caution Cantatas Asbestos rite:: tvwe Crzay.r- Cur: Breaming Asbestos Dust Msy Cause Serious Bodily Harm provide or make available to each oi his employees, within 30 calendar days fol lowing his first employment in an occupation exposed to -.irbornc con centrations of asbestos fibers, a compre hensive medical examination, winch shall include, as a minimum, a chest roent genogram i posterior-anterior 14 x 17 inches), a history to clirit symptom atology of respiratory disease, and pulmonary function tests to include forced vital rapacity <FVC.' and lorced expiratory volume at 1 second <FEV,.'. 3) Annual czamir.c'.ions. On or befoie January 31. 1073. and at least an nually thereafter, every employer shall provide, or make available, comprehen sive medical examinations to each of his civ ployces engaged in occupations ex po etl to airborne concentrations of as bestos fibers. Such annual examination sh til include, as a minimum, a chest roentgenogram (posterior-anterior 14 x 17 Inches), a history to elicit symplom- alolocy of respiratory disease, and pulmonary function tests lo include loreta vitui capacity tFVC' ami foiccd , U A | J 1 i <1 kUI y itnUIIIC Uw i ScCOiaM * * 4-* * l J . j .4) Termination ol employment. The employer shall provide, or make avail- (hi Housekeeping--(1) Cleaning. All ab.e. within 30 calendar days before or external surfaces in any place of employ after the termination of employment oi ment shall be maintained Ircc of accu any employee engaged m an occupation mulations of asbestos fibers if, with their exposed to airborne concentrations of dispersion, there would be an excessive asbestos fibers, a comprehensive medical concentration. examination which shall include, ns a 121 U'cstc dispose!. Asbestos waste, minimum, a chest roentgenogram c pos scrap, debits, bass, containers, equip- terior-anterior 14 x 17 inches), a history meiit. and asbestos-contaminated cloth to elicit symptomatology of respiratory ing. consigned for disposal, which may disease, and pulmonary function tests produce in any reasonably foreseeable to include forced vita! capacity (FVC> use. handling. storage, processing, dis- and forced expiratory volume at 1 second po:.i!. or transportation airborne concen (REV, .1. trations of atbesios fioers in excess of the 'S' Recent examinations. No medical cxpnvuro limits prescribed in paragraph examination Is requited of any em ii' of tins suction shall be collected and ployee. if adequate records show that dixpo-i-d of in sealed impermeable bags, the employee has been examined in ac or other closed, impermeable containers. cordance with this paragraph within the ii' Recordkeeping-- 1 > Exposure rec past 1-year period. ord'. Every employer shall maintain rec ords ol any personal or environmental monitoring required by this section. Rec ords shall be maintained for a period oT at least 3 years ana shall be made avail able upon request to the Assistant Secre tary of Labor for Occupational Safety And Health, Ihc Director oi the National Institute lor Occupational Safety and Health, and to authorized representa tives of either. Cl Employee access. Every employee (6) Medical records--Ml Mainte nance. Employers oi employees examined pursuant to this paragraph shall cause lo be maintained complete P.nd accurate records of all such medical examina tions. Records shall be retained by employers for at least 20 years. ii) Access. The contents of the rec ords oi the medical examinations required by tnis paragraph shall be made available, for Inspection and copying, and former employee shall have reason to the Assistant Secretary of Labor lor able access to any record required to be Occupnlioua) Safety and .Health. Die maintained by subparagraph (1) of this Director of NlOSll. to authorized pttvsi- paragraph, which indicates the em- ci.ms and meoical consultant:'. ol cnne.r plpveu's own exposure to asbestos fibers. of tlivin. and. upon the lequcs.'. of an '::ii- <31 Employee noti/icction. Any em pluyec or lormer employee, to lus physi ployee found to have beer, exposed at any cian. Any physician who conducts-.a time to airborne concentrations of asbes medical examination required by this paiai.waph shall furnish lo the employer of me examined employee all the mform.'itHii'. siuvi lie ally required by ibis pai a;;r.!) h. mid any ether medical tn1 ormalion related to occupational ex posure to asbestos libers. 10 I (1.03L Con 1 Pir pitch volatile* ; intrrprct.nioir of lerrn. As used in 5 1910.93 (Tabic 0-1). coal tar pitch volatiles include the fused poly cyclic hydrocarbons which volatilize from the disnllntion residues of coal, petroleum, wood, and other organic mai ler. |.17.EU 34 74U ITl'ci Luc November 3 1, 1972) 1$ 1910.93c -l-Niirobiphcnyl. (a) Scope and application. <11 This section applies to any area in which `l-Nilrobiphcnyl, Chemical Abstracts Scni-.e Registry Number 92933 Is manu factured. processed, repackaged, re leased. handled, or stored, but shall not apply to transshipment, in scaled con tainers', except lor tnc labeling require ments under paragraphs (c)i2), C3),and (4) of liiis section. (2) This section shall not apply lo solid or liquid mixtures containing less than 0.1 percent by weight or volume of 4-N'itrobiplienyl. lb) Dcpnilions. Tor the purposes of this sec lion: tl) "Absolute filter" Is one capable of retaining 93.97 percent of a mono disperse aerosol of 0.3 pm particles. (2) "Authorized employee" means an cjnp'oycc whose duties require him to be in the tcgu.dlod area and who has been ta-aaIm ...ilw oee i 'rri.v4 Kv Arrmlnv^f, (3) "Clean change room" means a room where employees put on clean clothing and/or protective equipment in an environment free of 4-Nitrobiphenyl. Tnc clean change room shall be con- tig'uouk to and have ail entry from a shower room, when the shower room facilities are otherwise required in this section. (4) "Closed system" means an opera tion Involving 4-Nitrobiphenyl where containment prevents the release of 4- Niteobiphcnyl into regulated areas, non- retruiated areas, or the external environ ment. (5) "Derontr.minatlen" means the In activation of 4-Nitrobiphenyl or Its safe disposal. (C) "Director" means the Director, National ' Institute for Occupational Safety and Health, or any person di rected by him or the Scrrctai-y of Health. Education, and V.'cLfars to act for the Director. (7) "Disposal" means the safe re moval of 4-Nitrobiphcnyl from the work environment. (8) "Emergency" means an unforseen circumstance or set of circumstances re sulting In the release of 4-Nltroblphenyl which may result In exposure to or con tact with 4-Nitroblphenyl. (9i "External environment" means any environment external to regulated and nonrvgulated areas. (10) "Isolated system" means a fully enclosed structure other than the vessel of containment of 4-Nitroblphenyl, which, is impervious to the passage of 4Nltrobiphcnyl, and which would prevent Occupolionol Solely & Heolth Reporter IScc. 1910.93c(b)ClOI] F S--G 0--0 0 0 012 3 s 7