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STATt Of CAU*ORN|a--AORICULTURE AND SHVlCfS AOtNCY DITAItTMIMT OP INDUSTRIAL RttATIONl
OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD
1006 FOURTH STREET SACRAMENTO. CA IMU (716) 312-3660
SUMMARY PUBLIC HEARING November 8, 1978 a Sacramento
PAGE 02/15
EDMUND O. aitOWN JR., Cavtrmr PLAINTIFF'S EXHIBIT UC-53S5
CALL TO ORDER
INTRODUCTIONS Board Members Present
Board Members Absent . Board's Staff
O
Special Consultant to the Standards Board
Others Present
Acting Chairman Gerald P. O'Hara called the Public Hearing of the Occupational Safety and Health Standards Board to order at 10:03 a.m., In the Auditorium of the State Resources Building at 1416 Ninth Street, Sacramento, California, on November 8, 1978.
Hr. Gerald P. O'Hara, Acting Chairman Mrs. Margaret R. O'Grady Mr. Hubert "Jerry* Martin Mr. Raymond Rodriguez Dr. Patrick J. Clancy
Mr. Albert W. Turner, Chairman
Mr. R. T. Rinaldi, Executive Officer Mr, John L. Bobls, Principal Safety Engineer Dr. Clint Vanneman, Senior Industrial Hygiene
Engineer Mr. Mark B. Ashcraft, Staff Services Analyst
Dr. Fred Ottoboni, Coordinating Engineer Employee Education Program
James E. Boyette, 0;P,D.C. and R.I.A.
H. D. Martinez, O.P. and C.M.I.A.
Art DIGregorlo, Plasterers' Union, Local No. 2
Norman Pugh, World Asphalt Company
Clay Johnston, California Lathing and Plastering
Contractors Association
Edward D. Weyand, Associated Roofing Contractors
of Northern California
`
Victor Stefan, W. R. Grace Company
Tom Felt, W. R. Grace Company
H. L. Olson, Johns-Manville
P. J. Gartty, Johns-Manville
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SUMMARY
-2- NOVEMBER 8, 1978
Others Present (continued) <1
Jim Guenther, U. S. Department of Labor*
Federal OSHA
.
John L. Myers, Union Carbide Corporation
Paul H. Beemer*, W. W. Henry Company
James M. Hay, Fllntkote Company
H. B. Rhodes, Union Carbide Corporation
Michael Dell Ort, Calaveras Asbestos Ltd.
L. Saarg, Chevron Research Company
R. T. Fem, Chevron Research Company
George Borg, Riverside Cement Company
Charles Bush, Riverside Cement Company
G. G. Sapp, Chevron U.S.A.
Virginia Loo, Department of Industrial Relations
Phyllis Fedderson, Southern California Edison
Company
Lloyd Holliday, General Telephone Company of
California
C. Fred Strahm, Cal/OSHA Reporter
Ralph Askln, California Department of Education
Paul Rokyers, Cement Masons' Local No. 594
Clarence Thomosson, Cement Masons' Local
No. 814
John T. Baniston, Associated Roofing Contractors
of the Bay Area Counties
Jack Brantley, ConmunlcatIons Workers of
America
Nathaniel Holmes, Plaster and Cement Masons
Mike Braun, California Chamber of Commerce
Glenn Totten, BNA-Occupatlonal Safety and
Health Reporter
Emmons McClung, Construction Industry,
Legislative Council
Joseph Valdez, O.P. and C.M.I.A., Local No. 631
Michael L. Kiado, California Department of
Health Services
******
CHAIRMAN'S OPENING REMARKS
As Mr. Turner, Board Chairman, was not present at the Public Hearing, Mr, Gerald P. O'Hara presided over the Public Hearing as Acting Board Chairman.
Mr. Gerald P. O'Hara
Acting Chairman
Mr. O'Hara briefly summarized the purpose
of the Public Hearing Indicating that affected parties would be given the opportunity to address the Board on the six Items outlined in the Board's Notice of Public Hearing.
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SUWARY
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NOVEMBER 8, 1978
CHAIRMAN'S OPENING REMARKS (continued)
Mr. Gerald P. O'Hara Acting Chairman
Mr. O'Hara Introduced Dr. Fred Ottobonl indicating that Dr. Ottobonl was on loan to the Board as a special consultant.
Mr. O'Hara briefly explained the reasons for the Board's existence and the procedures for the development and adoption of standards.
The Board's legislative mandate is to adopt
occupational safety and health standards which are enforceable, reasonable, understandabT and contribute directly to California employees.
Mr. O'Hara stated that the Standards Board represents specific Interests by law--two members represent management, two represent labor, one member each represents occupational
safety, occupational medicine, and the public, respectively.
Mr. O'Hara commented that the Board would consider testimony on the six Items outlined on the Board's Notice of Public Hearing so
that they could determine if any exemptions to the July 1, 1979 .ban of spraying of asbestos-containing products specified in the Health and Safety Code Section 25910,
are warranted--and If so--under what conditions.
There were 19 letters of comment received prior to the November 8, 1978 Public Hearing.
A. Ar^ there methods and processes for the use of Portland cement plaster which contains less than one-half of 1 percent asbestos that should be exempt from Section 25910(a)(2)?
Mr. George Borg Riverside Cement Company
Mr. Borg requested the Board to consider an exemption allowing the use of Riverside Portland cement plaster containing less than one-half of 1 percent asbestos.
Mr. Gerald P. O'Hara Acting Chairman"' r
Mr. O'Hara requested Mr. Borg to expand on his request for an exemption.
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SUMMARY
-4- NOVEMBER 8, 1978
A. Are there methods and processes
for the use of Portland cement
plaster which contains less
than one-half of 1 percent
asbestos that should be exempt Mr, Borg stated that gun plastic* more
from Section 25910(a)(2)?
commonly referred to as stucco* Is sprayed
(continued)
on by pumping machines which move the stucco
through hoses for spraying onto the exterior
Mr. George Borg
sides of structures to form the two coatings
Riverside Cement Company
of material. He stated that Riverside Cement
Company has been using this material since
1958 and is used extensively In Southern
California In the construction building
trade.
Mr. Clay Johnston California Lathing and Plastering Contractors Association
o
Mr. Johnston stated that the California Lathing and Plastering Contractors Association
would like to see an exemption made allowing the continued use of Portland cement plaster. He commented that machine application of Portland cement plaster is the most economical and popular method of applying the stucco. Besides reducing building costs,
it also provides a large number of jobs
for skilled workers. He indicated that the building industry would be adversely affected if denied the use of the small amount of asbestos currently In stucco. He also stated that, to his knowledge, there is no equivalent material, or any material that comes close to the effectiveness of asbestos in the machine application of Portland cement plaster.
Mr. Art DiGregorlo
Mr. DiGregorlo requested the Board to
Plasterers* Union Local No. 2 consider maintaining the current requirements
regulating the use of asbestos. He stated
he knew of no other way the Portland cement
plaster could be moved in a productive way
through the machines. He Indicated substantial
stoppages in production would occur without
the necessary amount of asbestos. He also
commented that the alternate hand-applied
a
.... ..
method would substantially increase housing
costs. In his opinion, the only persons
exposed to the asbestos are the hod carriers
and plaster tenders, but indicated these
. persons are protected by respirators.
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NOVEMBER 8, 1978
A. Are there methods and processes for the use of Portland cement plaster which contains less than one-half af X percent asbestos that should be exempt from Section 25910(a)(2)? (continued)
Mr. Art DiGregorio Plasterers' Union Local No. 2
After further discussion, Mr. DiGregorio stated that, in his opinion, using a handapplied method would increase housing costs by 300 percent,
Mr. Joseph P. Eagan Plasterers' Unlon-Oakland
Mr. Eagan disagreed with Mr. DIGregorlo's comments stating that when the asbestos Is applied, It sets for two or three hours, then hardens. The mechanic then goes back and warps the surface of the cement and In
doing so, separates the asbestos, thereby releasing the asbestos into the air. He stated that any asbestos whatsoever contained in cement is a detriment to the people using it and felt that asbestos was not needed.
In response to Mrs. O'Grady's Inquiry, Mr. Eagan stated there were other materials available on the market that could be used In lieu of asbestos and were just as effective. He commented that If the operator keeps his equipment in workable order, asbestos would not be necessary.
In response to Mr. O'Hara's inquiry, Mr. Eagan stated he disagreed with Mr. DIGregorlo' contention that housing costs would increase 300 percent without the use of asbestos.
Mr. Jerry Martin Board Member
Mr. Martin inquired If the material referred to by Mr. Eagan contained less than one-half of 1 percent of asbestos.
Mr. Joseph P. Eagan Plasterers' Unlon-Oakland
Mr. Eagan stated that to his knowledge,
the material used had less than one-half of
1 percent of asbestos.
.
Mr. John Moylart' ' Plasterers' Local Union No. 66
Mr. Moylan stated that, to his knowledge,
asbestos was not used at all In any of their stucco operations.
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NOVEMBER 8, 1978
A. Are there methods and processes for the use of Portland cement plaster which contains less than one-half of 2 percent asbestos that should be exempt from Section 25910(a)(2)? (continued)
Mr. John Moylan Plasterers' Local Union No. 66
In response to Mr. O'Harass Inquiry, Mr. Moylan stated that there were materials other than asbestos currently In use that are machine-applied.
Mr. Gerald P. O'Hara Acting Chairman
At this time, Mr. O'Hara requested Dr. Fred
Ottobonl and Dr. Clint Yanneman to comment on the testimony received on Item "A'1 or provide any further Information relevant to Item A\
Dr. Fred Ottobonl Special Consultant to the Board
Dr. Ottobonl commented that the studies which were submitted to the Board Indicated
asbestos fiber concentrations In the air during plastering operations, were generally below the two-fiber limit prescribed by Title 8. He also stated the requirement of two-fibers per cubic centimeter is subject to change and may be reduced in future years.
Dr. Patrick 0. Clancy Board Member
o
Dr. Clancy referenced a letter from the Vanderbilt Company indicating the difficulties they had in separating out the asbestos fibers from other fibers during sampling. Dr. Clancy requested Dr. Ottobonl to comment on the samplIn analysis methods that are currently used.
Dr. Fred Ottoboni Special Consultant to the Board
Dr. Ottobonl stated he had received and reviewed the report submitted by the
Vanderbilt Company and agreed with their comments. He consented that the ability to analyze a bulk sample is very difficult when the asbestos level Is less than five percent; and at two percent or below, it would be almost invisible, using standard sampling methods. He stated that air sampling methods and routine monitoring are far more sensitive and would pick up
the asbestos at a half percent or lower; however, a bulk sample sent to a laboratory Is likely to be Invisible.
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NOVEMBER 8, 1978
A. Are there methods and processes for the use of Portland cement plaster which contains less than one-half of 1 percent asbestos that should be exempt from Sectton 25910(a)(2)?
Dr. Fred Ottobonl Special Consultant to the Board
. '
Dr, Ottobonl requested Ms. Virginia Loo, Department of Industrial Relations, to comment further on the sampling methods used.
Ms. Virginia Loo Department of Industrial
Ms. Loo stated that the practice of the Health Department's laboratory for the State
Relations
of California is one that identifies the
presence of as6estos in the bulk sample,
but does not count fibers because of the o difficulty Involved when other particles are
present.
Dr. Patrick J. Clancy Board Member
-
Dr. Clancy inquired if when using the standard OSHA, NIOSH sampling method for counting fibers. Is it possible to distinguish between asbestos fibers and other fibers or are more refined studies needed to identify the asbestos flhers.
Ms. Virginia Loo Department of Industrial Relations
Mr. Charles Ray Western Plastering, Inc.
Ms. Loo stated that refined techniques would have to be used. She stated the sampling methods currently In use can distinguish If fibers are present, but cannot necessarily identify what the fibers are,
Mr. Ray stated that methods and processes used for the spray application of Portland cement plaster Is within the minimum OSHA standards for asbestos and would like to continue using this method of application.
<* Dr. Patrick J. Clancy Board Member
In view of the testimony received, Dr, Clancy inquired why some companies were using asbestos as an additive and others were not.
Mr. Clay Johnston . California Lathing and Plastering Contractors Association
Mr, Johnston stated that it was not economically feasible to manufacture Portland cement plaster without asbestos nor 1$ there a demand for non-asbestos stucco in Southern California.
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SUMMARY
-8- NOVEMBER 8, 1978
o
A. Are there methods and processes for the use of Portland cement plaster which contains less than one-half of 1 percent asbestos that should be exempt from Section 25910(a)(2)? (continued)
Mr. Charles Bush Riverside Cement Company
Mr. Bush stated that Riverside Cement Company manufactures a special type of cement for hand plastering, as distinguished from the cement used during spray-gun operations. He coomented that the hand plastering cement does not contain any asbestos.
In response to Mr. O'Hara*s inquiry, Mr, Bush stated that Riverside Cement Company
was not selltng any non-asbestos cement for plastering In California.
Mr. John Moylan Plasterers' Local Union No. 66
Mr. Moylan stated that Calaveras Cement Company manufactures plastic and common cement and are mixed half-and-half using no asbestos additives.
B. Are there economically feasible
methods and processes of
spraytng Portland cement
plaster whtch does not contain
asbestos and is such a product,
method or process commercially
available? (Section 25910(b)(2))
Mr. Johnston stated that their Research and
Mr. Clay Johnston California Lathing and
Development Comnittee has been researching the problem of finding additives other than
Plastering Contractors Association
asbestos to use with Portland cement plaster for at least ten years.
Mrs. Margaret R. 0*Grady Board Member
Mrs. OrGrady Inquired if a substitute is necessary since testimony received indicated that a substitute Is not absolutely necessary.
Mr. Clay Johnston
Mr. Johnston stated that in order to pump the
California Lathing and
material by volume, an additive is necessary.
O Plastering Contractors . He indicated that the material could be
Association
pumped at a slower rate without an additive,
however, this method would be defeating the
purpose of machine-applied operations.
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SUMMARY
-9- NOVEMBER 8, 1978
B. Are there economically feasible
methods and processes of
spraying Portland cement
piaster which does not contain
*
o asbestos and ts such a product,
method or process commercially
available? (Section 25910(b)(2)]
(continued)
After further discussion, Mr. Martin inquired
as to what type of additive could be used to
Mr. Jerry Martin
pump concrete which allows the material to
Board Member
flow more readily, but that was non-asbestiform.
Mr. John Hoylan Plasterers * Local Union No. 66
Mr, Moylan stated that the material Mr, Martin referred to was porzolan.
Mr. Tauno Lalne Laine Research and Development Company
Mr. Laine stated he was an independent formulator and research chemist for stucco, plaster and gravel industries. He stated that he had 25 years of experience and that his formulations have been used by leading companies. He commented that In finishing his research in gravel products, he felt that there are means available to change stuccos and plasters to be asbestos-freeHe stated that another development had been tested lately by Hill Brothers Chemical Company utilizing artificial fibers in combination with non-metallie minerals. He
stated that this combination was so promising that he felt that they would be able to complete their research by the July 1, 1979 ban and converge this material to the plasters' Industry.
Mr. Dean Htll Hill Brothers Chemical Company
Mr. Hill stated that they have a synthetic fiber which they have been supplying to the cement industry for stucco, plaster and various other uses, Ha stated that they are
currently producing and selling about 4,000 tons a year.
.....
In response to Mr. O'Hara's Inquiry, Mr. Hill stated that they produce this.product at about $250.00 a ton and would cost a little
more than asbestos cement plaster.
Dr. Fred Ottoboni Special Consultant
to the Board
Dr. Ottoboni inquired if this synthetic fiber was toxic,
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NOVEMBER 8, 1978
B, Are there economlcally feasible
methods and processes of
spraying Portland cement
plaster which does not contain
asbestos and Is such a product,
method or process commercially
available? (Section 25910(b)(2))
(continued)
Mr. Hill stated that the new fiber is used
In the food and drug Industry and doubted
Mr. Dean Hill
If It would have any detrimental affects.
a Hill Brothers Chemical Company
Mr. George Borg Riverside Cement Company
Mr. Borg stated that every effort was being made to eliminate asbestos from their stucco production program. He stated that with all the products they have tested, they have yet
to find a substitute for asbestos that would be economically feasible for Riverside Cement Company to manufacture.
Mr. Gerald P. O'Hara Acting Chairman
Mr, 0*Hara Inquired if Riverside had tested sepiollte as discussed earlier by Mr. Laine.
Mr. George Borg Riverside Cement Company
'
.
Mr. Borg stated that they had not tested sepiollte and had not been aware of the research being performed In that area. He further stated that Riverside Cement Company was endeavoring to get out of the asbestos business as soon as possible.
Mr. Harrison B. Rhodes Union Carbide Corporation
Mr. Rhodes stated that sepiollte is one of
the groups of natural occurring minerals that NIOSH Is currently Investigating for possible hazards. Mr. Rhodes suggested that Dr. Ottobonl contact Mr. John Demint for further Information in that regard.
Mr. Charles Ray Western Plastering, Inc.
Mr. Ray stated that they test different
products that are made available to them and
most of the time Incur damage to the equipment.
He stated, however, that they are still
willing to try any other product that may
seem reasonable.
.
Mr. Tauno Laine ' r Laine Research and Development Company
After further discussion, Mr. Laine stated that there will never be an asbestos-free. Portland cement formula with identical qualities as formulas using asbestos.
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NOVEMBER 8, 1978
C. If exemptions for any substances
containing asbestos Is granted
by the Board, at what level should
the time-weighted average
*
concentration limits or celling
concentration limits be set?
(Sections 25910(b)(3), (c)(3),
and (d)(3))
Mr. Rhodes stated that the simplest and
most direct manner of regulating time-
Hr. Harrison B. Rhodes
weighted average concentration or cetling
Union Carbide Corporation
concentration limits, would be to use the
same levels that are currently used for
other asbestos material.
Mr. Charles Ray o Western Plastering, Inc.
Mr. Ray stated that they could continue to live with and stay well within the
existing OSHA minimum standards governing time-weighted average concentration and celling concentration levels of asbestos.
Mr. George Borg Riverside Cement Company
Mr. Borg stated that Riverside Cement Company Is willing and able to abide by the existing standards governing the concentra tion levels of asbestos.
Mr. Harry Martinez Plasterers' International Association
Mr. Martinez stated that time would be needed to develop an additive that could be used other than asbestos.
Mr. Jerry Martin Board Member
Mr. Martin inquired what the incubation period is In asbestosis afflictions.
Dr. Fred Ottobonl Special Consultant to the Board
a
Dr. Ottobonl stated that asbestos is responsible for two types of diseases. One Is a lung disease which was caused by very high doses of asbestos during earlier years before regulations were enacted governing the use of asbestos. Life expectancy with asbestosis Is approximately 20 years
from beginning of exposure. He further stated that as the work environment was cleaned up In later years, cancer was more prevetent In the workers exposed to asbestos.
He commented that in the next couple of years there will be revisions made to the asbestos standard. He also stated that the problem was so complicated that he recomnended the Board not to change the existing standard regulating the use of asbestos. He suggested the Board allow Federal OSHA and NIOSH to develop a new standard on asbestos.
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NOVEMBER 8, 1978
C. If exemptions for any substances
containing asbestos Is granted
by the Board* at what level should
the time-weighted average
concentration limits or celling
concentration limits be set?
In response to Mr. Martin's Inquiry, Dr.
(Section 25910(b)(3), (c)(3),
Ottobonl stated that the work that ts being
and (d)(3)) (continued)
started by Federal OSHA and NIOSH will
result In a new standard being issued by the
Dr. Fred Qttobonl
U. S. Department of Labor.
Special Consultant to
the Board
After further discussion. Dr. Ottobonl
stated that a safe level of using asbestos
should be sought and did not support the
contention that asbestos be banned.
D. Upon what basis, If any,
Mr. Rhodes provided the Board with samples
should products containing
and additional Information supporting his
"encapsulated asbestos fibers" previous testimony. He stated that all of
be exempt? (Section 25910(c)(1)) the products they are requesting exemptions
for, are products which have to perform a
Mr. Harrison B. Rhodes
protective or structural function. Mr.
Union Carbide Corporation
Rhodes then proceeded to brief the Board
on each exhibit submitted. Mr. Rhodes
concluded his testimony by stating that the
products with which they are concerned,
perform a useful and valid service for
industry and the general public. They contain
wetted and encapsulated fibers which do
not expose workers to levels In excess of
those established by the current OSHA
standard or by the Senate Bill 1591 requirements
of one fiber per cubic centimeter.
Mr. Gerald P. O'Hara Acting Chairman
Mr. O'Hara Inquired what type of exposure would exist when demolition operations were being performed in contrast to spraying operations.
Mr. Harrison B. Rhodes
Mr. Rhodes stated that tests had been performed
Union Carbide Corporation
in conjunction with the Department of Health
and Federal OSHA and the results were contained ,
in the exhibits submitted to the Board. He
o stated that he would provide the Board with
more detailed comments on the Department of
Health studies in the near future.
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NOVEMBER 8, 1978
E. Upon what basis, if any, should "cold process asphalt roof coatings" be exempt? (Section 25910(c)(1)) Mr. Paul 8eemer N. W. Henry Company
Mr. Richard Fern Chevron Research Company
Mr. Beemer stated that the function of asbestos in asphalt roof coating operations is more extensive and significant than it is in other asbestos operations. He further commented that the primary function of asbestos is to regulate the flow properties enabling the material to be applied to a vertical surface without having it run off. He stated beyond that function, asbestos serves a unique purpose in reinforcing the asphalt coating to enhance Its durability. He stated that in this function, higher quantities of asbestos is used. Mr. Beemer then submitted some samples to the Board supporting his testimony.
After further discussion, Mr. Beemer stated that the asbestos fiber is wetted, coated and bonded together in asphalt coatings and would not constitute a practical hazard.
Responding to Mr. Martin's inquiry, Mr. Beemer stated that if the material should bum, the asbestos fibers would not become airborne.
Mr. Perm stated that Chevron Research Company had spent a great deal of time, effort and money In testing additives and have been unable to find a substitute which would match asbestos In performance. He also stated that the lead time that is required to bring a product into commercialization Is quite extensive.
F. Upon what basis. If any,
should substances containing
less than one-quarter of 1
percent asbestos as a result
of naturally occurring
Mr. Feit stated that W. R. Grace Company had
Impurities be exempt?
previously submitted to the Board their
(Section 25910(d)(1))
response to Item "Fn, regarding the basis for
an exemption of substances containing less
Mr. Thomas Felt
than one-quarter of 1 percent asbestos as
H. R. Grace Company'
a result of naturally occurring inpurities.
He also stated that W. R. Grace Company had
submitted the necessary documentation sub
stantiating the basis for which a particular
Grace product, Monokote Fireproofing, should
a be granted a permanent exemption from the prohibition of Section 25910 of the Health and
Safety Code.
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NOVEMBER 8, 1978
F. Upon what basis, If any, should substances containing less than one-quarter of 1 percent asbestos as a result of naturally occurring impurities be exempt? (Section 25910(d)(1)) (continued)
Dr. Fred Ottoboni Cl Special Consultant
to the Board
Mr. Harrison B. Rhodes Union Carbide Corporation
Or. Ottoboni stated that fn recent years, there has been much concern over the group of high-rise buildings that were built between 1957 and 1956. During that time, very high asbestos-containing material was often used to fireproof the steel beams. , He stated that from reading the testimony received, Monokote Fireproofing is one of the substitute products which Is taking the place of material that contains between 20 to 50 percent asbestos.
Dr. Ottoboni further commented that there is a problem of office workers being exposed to the asbestos-fireproofing through the air conditioning systems In these buildings; however, this problem does not exist with the new products that are now on the market.
Mr. Rhodes advised the Board to act on this matter as soon as possible allowing manufacturers lead time to pull their products off production well before the July 1, 1979 ban.
ADJOURN
Mr. SeraId P. O'Kara, Acting Board Chairman, adjourned the Public Hearing of the Occupational Safety and Health Standards Board at 12:30 p.m
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