Document M41VJ8BpEKJ50NGebEYr4zOkz

PLAINTIFF'S EXHIBIT OS HA CTD006858 ' Z~ . / <d/T> i n9 ~ L. RULES AND REGULATIONS 11318 Title 29--LABOR tions for an Occupational Exposure exposure to asbestos fibers and the ap Standard for Asbestos by the National pearance of adverse biological manifes Chapter XVII--Occupational Safety and Health Administration, Depart Institute for Occupational Safety and tations, such as asbestosis,; Health (NIOSH). Public notice was given and ueEeti)lioma, have given rise to of the receipt of the recommendations controversy as to the validity of the ment of Labor and their availability for inspection and measuring techniques used and the relia PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS copying. On_pr about February 25, 1972, bility of the relations attempted to be the Advisory Committee on Asbestos Dust established. Because of the long lapse submitted its written recommendations of time between onset of exposure and Standord for Exposure to Asbestos Dust to the Assistant Secretary of Labor for biological manifestations, we have now Occupational Safety and Health. evidence of the consequences of exposure, Pursuant to the notice of rule making, but we do not have, in general, accurate On December 7, 1971, an emergency a hearing was held on March 14 through measures of the levels of exposure oc temporary standard concerning exposure 17,1972, for the purpose of receiving oral curring 20 or 30 years ago, which have to asbestos fibers was published in the data, views, and arguments concerning given rise to these consequences. There Federal Register (36 F.R. 23207). In ac the proposed standard. On or about ' are also controversies concerning the cordance with section 6(c) (3) of the Wll- March 31,1972, the presiding hearing ex relative toxicity of the various kinds of liams-Steiger Occuptaional Safety and aminer certified to the Assistant Secre asbestos, and varying hazards in dif Health Act of 1970. a notice of proposed tary of Labor for Occupational Safety ferent workplaces. rulemaking regarding a permanent and Health the record of the proceeding. It Is fair to say that the controversy standard for exposure to asbestos fibers The record includes prehearing written has centered in the area between a two- was published in the Federal Register on comments, a transcript of the oral pres fiber TWA concentration and five-fiber January 12. 1922 (37 FJt. 466). The no entations made at the hearing, and nu TWA concentration, with variations on tice invited interested persons to submit merous exhibits received during the the time needed for compliance. Many both orally and In writing, data, views, course of the hearing or within the pe employers support a five-fiber TW^^. and arguments concerning the proposal riod allowed after the close of the ^Mbt medical opinion is divided between.* On or about January 24,1972, the Ad visory Committee on Asbestos Dust was established and requested to make writ ten recommendations with regard to the proposed standard on asbestos. On or about February 1, 1972, the Department of Health, Education, and Welfare trans mitted to the Secretary of labor a cri teria document containing Recommenda hearing. M, two-fiber standard and a five-fiber* The proposed standard dealt with (1) Standard. .? permissible concentrations of asbestos saeJn view of the undisputed grave con-"* fibers; (2) methods of compliance; (3) sequences from exposure to asbestos warning signs; (4) monitoring; (5) med fibers. It Is essential that the exposure be ical examinations; and (6) recordkeep regulated now, on the basis of the best ing. Each of these major proposals elic evidence available now, even though it ited comments, arguments, objections, may not be as good as scientifically de and counterproposals. They all have been sirable. An asbestos standard can be re examined and considered. evaluated in the light of the results of 1. AaoeptafeU conaentratsoas at asbes ongoing studies, and future studies, but tos dust. The proposed standard would cannot wait for them. Lives of employees limit occupational exposure to 8-hour are at stake. time-weighted average (TWA) airborne It is concluded that there should be concentrations of asbestos dust not ex one minimum standard of exposure to ceeding five fibers longer than five asbestos applicable to all workplaces ex micrometers per milliliter. Concentra posed to any kind, or mixture of kinds, tions above five fibers but not to exceed of asbestos. Reasons of practical ad 10 fibers (ceiling concentration) would ministration preclude a variety of stand be permitted up to 15 minutes in an hour, ards for different kinds of asbestos and but for not more than 5 hours in any one of workplaces. Also, while the evidence 8-hour day. tends to show that cTocidollte, for in NIOSH in effect has recommenaed stance, is more harmful than chrysotlle, that the five-fiber TWA and 10-flber the evidence Is not sufficient to establish peak concentrations be permitted only separate standards for varieties of for 2 years; thereafter, TWA concentra asbestos. tions should be not more than 2 fibers Because there must be one standard per cubic centimeter (cm.*) of air. and governing exposure to all varieties of peak concentrations should not exceed 10 asbestos, and in workplaces apparently fibers/cm.', with no time restriction. more hazardous than others; because Numerous objections and counterpro some present employees with regular ex posals have been made, with regard to posure to asbestos have probably al both the limits of asbestos fiber concen ready accumulated great doses of asbes trations and the time periods to comply tos fibers, due to higher levels of ex with them. Some, for example, have rec posure in the past; because it appears ommended return to a 12-fiber standard that levels of exposure which may be of an earlier day; l.e., a level adopted safe with regard to asbestosis are not under the Walsh-Healey Public Con safe with regard to mesothelioma; be- > tracts Act in 1969. Others have recom cause the statute requires the protection mended a two-fiber standard to become of every employee, even of one who may Note: Federal Register, Vol. effective in 8 months, then a one-fiber have regular exposure to asbestos during 40, No. 103, Hay 28, 1975, standard for 2 years, and finally a zero- a working life which may reach, or even p. 23072, announced that the OSHA standard for Exposure to Asbestos Dust was recodi fied froa 1910.93a to 1910.1001. This procedure simplifies the fiber standard after 3 years. These rec exceed, 40 years; and because of several ommendations give a fair Indication of other considerations which have been the wide spread of the counterproposals. urged and are reflected in the record of No one has disputed that exposure to the proceeding, the conflict in the medi ; asbestos of high enough intensity and cal evidence 1s resolved in favor of the long enough duration is causally related health of employees. As of July 1, 1976, method in which toxic substances ; to asbestosis and cancers. The dispute is TWA concentrations of asbestos fibers are to be referenced in Subpart as to the determination of a specific level longer than 5 micrometers will not be G, Part 1910, Occupational below which exposure is safe. Various allowed to exceed two flbers/cc., with a Safety and Health Standards. studies attempting to establish quantita ceiling value of 10 flbers/cc The current tive relations between specific levels of TWA concentrations of five fibers, and FEDERAL REGISTER, VOL. 37, NO. 110--WEDNESDAY, JUNE 7, 1972 CTD006859 RULES AND REGULATIONS 11319 celling concentrations of 10 flbers/cc, fibers, so that these would not be released 6. Records. The standard, as proposed wiii be permitted until July 1, 1076, dur in the normal use of the products, should and as adopted, requires maintenance of ing what will be a transitional period not be required to be labeled; and (2) records of monitoring and of medical deemed necessary to allow employers to words such as "danger" and "cancer" are examinations. Most of the controversy in make the needed changes for coming unwarrantedly alarming. this area has revolved around the ques into compliance with the more stringent Both contentions have merit, and the tion whether an employer should be al standard. standard has been changed accordingly. lowed to have access to the results of The record shows that the many work 4. Monitoring. The proposed standard the required medical examinations. The operations subject to the single asbestos would have required personal monitor apprehension of those who have argued standard (textile, manufacturing, indus ing and environmental monitoring. against employer access is based on the trial, and marine installation, etc.) will Many issues have been raised concerning expectation that some employers will use meet yarying degrees of difficulty in the availability and reliability of meas the medical examinations as a means of complying with the standard. In some uring instruments, frequency of moni screening employment applicants, and plants, extensive redesign and reloca toring, and conditions in which monitor worse, as grounds for discharging current tion of equipment may be needed. It ap ing should be required. The adopted employees, who show signs of being af pears, however, the delay in the effective standard takes the objections into con fected by exposure to asbestos. Since the date of the two-flber standard will pro sideration. It requires periodic monitor purpose of the medical examinations is vide all employers a reasonable time to ing at intervals no longer than 6 months, to monitor the health of employees ex comply. At the same time, so long as the thus allowing considerable time and dis posed to the hazards of abestos, em celling limit is complied with, no harm cretion, and prescribes the use of the ployees cannot in reason be granted the Is reasonably expected to result from ex membrane filter method, which is an ac privilege of refusing to disclose to their posures during the transitional period. ceptable method for determination of employers results of occupational expo 2. Method* of compliance. It has been pointed out by many persona, that pro tection against asbestos fibers is best obtained by controlling the generation of asbestos fibers. It has also been recommended that employees or their representatives should have an opportunity to observe the sure. It does not make sense to require employers to provide medical examina tions if they cannot know and use the results of the examinations. For these fibers first, and secondly, by controlling monitoring. The recommendation has reasons the standard provides that em the dispersion of released fibers into the been accepted. ployers may have a restricted access to ambient air of the workplaces. Therefore, 5. Medical examination*. The pro some medical information. the standard requires feasible techno logical controls and appropriate work practices as the primary means of com pliance. Rotation of employees ss a way of meeting the TWA concentration re quirement is allowed only in stated ex ceptional circumstances, because, aa a general rule, it would be difficult to im plement Personal protective equipment, such as respirators, canno$ be relied upon because, among other reasons, they may be so uncomfortable as to be bur densome, except for short periods of time. Therefore, It is expected that res pirators and shift rotation will be used during the period necessary to install en gineering controls and to train employ ees In sound work practices, but after technological compliance has been achieved, their use must be limited to special work situations and emergencies. Where both are practicable, shift rota tion Is required. 3. Labeling. The proposed standard stopped short of requiring labeling as bestos and asbestos-containing products. The proposed standard would have re posed standard would only require an appropriate medical on a periodic basis. The generality of the pro posal has attracted many objections and also many hdpful comments. The recom mendations of NIOSH and of the Advi sory Committee on Asbestos Dust were much more specific with respect to both frequency and type of medical examina tions to be required. The comments vary as to the class of employees to be ex amined and as to the frequency of the examinations. The adopted standard requires medical examinations both at the beginning and the termination of employments exposed to concentrations of asbestos fibers, and also requires "TII1I medical examina tions of every employee exposed to air borne concentrations of asbestos. It has been pointed out that in certain indus tries, such as construction, an employee may work for several employers during the same year. Accordingly, the standard doss not require either preemployment, or termination, or periodic eramlnaton of any employee who has been examined On the other hand, there is no inten tion to allow employes to abuse medical lnfonxmtion 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 trill be considered. The issues dLscussed above are believed to be the major ones. Numerous other is sues have been raised in the rulemaking proceedings. Some have been referred to incidentally. Many recommendations, for instance, about work practices, are so obviously meritorious that their adop tion needs no exposition here. Other recommendations and many objections have not been adopted for a variety of reasons which should be manifest. Sev eral, for Instance, have recommended the use of respirators only pursuant to a variance, or in cases of emergency and occasional short-term exposures. The recommendation with respect to vari ances undoubtedly has many merits, but is considered administratively im quired only waning signs at locations in accordance with the standard within practical. where asbestos hazards are present. the past year. Accordingly, after consideration of the However, labeling, rather than warning signs, has proved to be a point of con troversy. Both NIOSH and the Advisory Committee on Asbestos Dust recom mended labels for asbestos products and One question which has been raised goes to whether the employer or the em ployee should be allowed to choose the examining physician. The standard gives the option to the employer. Since whole record of the proceeding, and pursuant to sections 6' (b) and (c) and 8(c) of the Williams-Steiger Occupa tional Safety and Health Act of 1970 (84 containers, and these recommendations some employers already have a medical Stat. 1593, 1596, 1599 ; 29 US.C. 655, became very controversial In the course examination program in operation, and, 657), 29 CFR 1910.4, and to Secretary of of the proceeding. Many counterpro proposals have been made as to the lan guage of the warning as well as to the products to be subject to the labeling requirements. Employers, in general, strongly contend that (I) finished prod also, have medical departments with some expertise in the diagnosis of abeetos-related diseases, it seems more reasonable to -permit them to utilize the present programs and expertise, than to permit an employee to choose a private Labor's Order No. 12-71 (36 FJt. 8754), Part 1910 of Title 29 of the Code of Fed eral Regulations is amended as set forth below. (1) Section 1910.93 is amended by re ucts which effectively entrap asbestos general practitioner. vising Table 0-3 to read as follows; RDESAL Motms, VOt. 37, NO. HO--WBNtSDAY, JUNi 7, 1*72 CTD006860 11320 RULES AND REGULATIONS 1910.93 Air contaminant** to which any employee may be exposed (d) Personal protective equipment-- shall not exceed two fibers, longer than ..(1) Compliance with the exposure limits .Tabls Pmt S micrometers, per cubic centimeter of prescribed by paragraph (b) of this sec air, as determined by the method pre tion may not be achieved by the use of SubstADO* Mppcf ligfiS} scribed In paragraph (e) of this section. respirators or shift rotation of em (3) Ceiling concentration. Ho em ployees, except: Silica: Crystalline: Quartx (respirable)............. 2501 %8lOrffi Quartz (totaldust)............................. CrisfobaUte: Use K the value ralrulaterl from ths oount or mam formula* for quartz. Tridymite: Use H the value calculated trom the for mulae (or quarts. Amorphous, including natural diatomaceous earth................ 90 lOag/M** %SiOH-2 SOms/ll* tOmg/M* %SIO, ployee shall be exposed at any time to airborne concentrations of asbestos fibers In excess of 10 fibers, longer than 5 micrometers, per cubic centimeter of air, as determined by the method pre scribed in paragraph (e) of this section. (c) Methods of compliance--(1) En gineering methods, (i) Engineering con trols. Engineering controls, such asr but not limited to, isolation, enclosure, ex haust ventilation, and dust collection, shall be used to meet the exposure limits prescribed in paragraph (b) of this section. (1) During the time period necessary to install the engineering controls and to institute the work practices required by paragraph (c> of this section; (ii> In work situations in which the methods prescribed In paragraph (c) of this section are either technically not feasible or feasible to an extent insuffi cient to reduce the airborne concentra tions of asbestos fibers below the limits prescribed by paragraph (b) of this section; or (111) In emergencies. SUfolcuaintnf j(iUMca)t:hu 1% ays- Mica.................................... Soapstone............................ Talc...................... ............. Portland cement........... Graphite (natural)................. Coat dust (respirable fraction lea than 5% 810s)............. For more than 8% BlOi.......... Inert or Nuisance Dost: Respirable fraction__ Total dust.................. (11) local exhaust ventilation, (a) 90 9990 80 18 Local exhaust ventilation and dust col lection systems shall be designed, con structed, installed, and maintained in accordance with the American National Standard Fundamentals Governing the 2.4reg/M* or lOmg/M* Design and Operation of. Local Exhaust Systems, ANSI Z9.2-1971, which is in %BlOt+2 corporated by reference herein. 1ft 80 (b) See i 1910.6 concerning the avail Bmg/M* Iftmg/M1 ability of ANSI Z9.2-1971, and the maintenance of a historic file In connec Nore: Conversion factor*-- mppcfX35-3 *miLIton particles per cubfo meter particles per c.e. t Millions of particles per cubic toot of air, based on lxnpmger samples oountsd by Ught-fleld technics- f Tbs percentage of oystaUins silica in the formula b the amount determined from air-borne samples, except in those In which other methods Dave been shown to be applicable. i As determined by the membrane filter method at 430 X phase contrast magnification. Both concentration and percent quarts for the application rtf this limit are to be determined from the traction passing a size selector with the following characteristics: Aerodynamic diameter (unit density sphere) Percent pasting elector tion therewith. The address of the Amer ican National Standards Institute is given in 3 1910.100. (iil) Particular tools. Ail hand-op erated and power-operated tools which may produce or release asbestos fibers in excess of the exposure limits pre scribed in paragraph (b) of this section, such as. but not limited to, saws, scorers, abrasive wheels, and drills, shall be pro vided with local exhaust ventilation sys tems in accordance with subdivision (U) of this subparagraph. (2) Work practices--(1) Wet methods. 2 18 78 18 80 6.0 as 10 0 The measurements under this note refer to the use of an AEC instrument. If the respirable fraction of'ooal dust is determined with a MRS the figure corresponding to that of 2.4 Mg/M' in the table for cod dust Is Aft Mg/M', Insofar as practicable, asbestos shall be handled, mixed, applied, removed, cut, scored, or otherwise worked In a wet state sufficient to prevent the emission of airborne fibers in excess of the ex posure limits prescribed In paragraph (b) of this section, unless the usefulness of the product would be diminished thereby. 2. A new 3 1910.93a Is added to Fart 1910, reading as follows: 1910.93a Mtdtfos. (11) Particular products and opera tions. No asbestos cement, mortar, coat ing, grout, plaster, or similar material containing asbestos shall be removed (a) Definitions. For the purpose of from bags, cartons, or other containers this section, (1) "Asbestos" includes in which they are shipped, without being chrysotile, amoslte, crocidolite. tremo- 4 either wetted, or enclosed, or ventilated lite, anthophyllite, and actinolite. ;so as to prevent effectively the release of (2) "Asbestos fibers" means asbestos : airborne asbestos fibers in excess of the fibers longer than 5 micrometers. jlimits prescribed in paragraph (b) of (b) Permissible exposure to airborne -this section. concentrations of asbestos fibers--(1) ) (hi) Spraying, demolition, or removal. Standard effective July 7, 1972. The Employees engaged in the spraying of 8-hour time-weighted average airborne asbestos, the removal, or demolition of concentrations of asbestos fibers to pipes, structures, or equipment covered which any employee may be exposed or Insulated with asbestos, and in the shall not exceed five fibers, longer than removal or demolition of asbestos in (lv) Where both respirators and per sonnel rotation are allowed by subdivi sions (i), (ii). or (iii) of this subpara graph, and both are practicable, person nel rotation shall be preferred and used. (2) Where a respirator is permittee by subparagraph U) of this paragraph, it shall be selected from among those ap proved by the Bureau of Mines, Depart ment of the Interior, or the National In stitute for Occupational Safety and Health, Department of Health, Educa tion, and Welfare, under the provisions of 30 CFR Part 11 (37 FJt. 6244, Mar. 25, 1972), and shall be used in accordance with subdivisions (i), (ii), (iii); and (iv) of this subparagraph. (1) Air purifying respirators. A reusa ble or single use air purifying respirator, or a respirator described in subdivision (ii) or (iii) of this subparagraph, shall be used to reduce the concentrations of airborne asbestos fibers in the respirator below the exposure limits prescribed in paragraph (b) of this section, when the ceiling or the 8-hour time-weighted aver age airborne concentrations of asbestos fibers are reasonably expected to exceed no more than 10 times those limits. (ii) Powered air purifying respirators. A full facepiece powered air purifying respirator, or a powered air purifying respirator, or a respirator described in subdivision (iii) of this subparagraph, shall be used to reduce the concentra tions of airborne asbestos fibers in the respirator below the exposure limits pre scribed in paragraph (b) of this section, when the ceiling or the 8-hour timewelghted average concentrations of asbestos fibers are reasonably expected to exceed 10 times, but not 100 times, those limits. (iii) Type "C" supplied-air respirators, continuous flow or pressure-demand class. A type "C" continuous flow or pres sure-demand, supplied-air respirator shall be used to reduce the concentra tions of airborne asbestos fibers in the respirator below the exposure limits pre scribed in paragraph (b) of this section, when the ceiling or the 8-hour timeweighted average airborne concentra 5 micrometers, per cubic centimeter of air, as determined by the method pre scribed In paragraph (e) of this section. (2) Standard effective July 1, id76. The 8-hour time-weighted average air sulation or coverings shall be provided with respiratory equipment in accord ance with paragraph (d> (2) (iii) of this section and with special clothing in ac cordance with paragraph (d) (3) of this tions of asbestos fibers are reasonably expected to exceed 100 times those limits. (iv) Establishment of a respirator pro gram. (a) The employer shall establish borne concentrations of asbestos fibers section. a respirator program in accordance with FEDERAL REGISTER, VOL. 37, NO. 110--WEDNESDAY, JUNE 7, 1972 CTD006861 RULES AND REGULATIONS 11321 the requirements of the American Na where asbestos fibers are released to be subparagraph shall conform to the re tional Standards Practices for Respira monitored in such a way as to determihe quirements of 20" x 14" vertical format tory Protection, ANSI Z88.2--1969, which whether every employee's exposure to signs specified in S 1910.145(d)(4), and is Incorporated by reference herein. asbestos fibers is below the limits pre to this subdivision. The signs shall dis b. See 5 1910.6 concerning the avail scribed in paragraph (b) of this sec play the following legend in the lower ability of ANSI Z88.2-1969 and the main tion. If the limits are exceeded, the em panel, with letter sizes and styles of a tenance of an historic file in connection ployer shall immediately undertake a Visibility at least equal to that specified therewith. The address of the American compliance program in accordance with in this subdivision. National Standards Institute Is given in paragraph (c) of this section. Legend 5 1910.100. (c) No employee shall be assigned to (2) Personal monitoring--(i) Sam ples shall be collected from within the Asbestos......... ............. tasks requiring the use of respirators if, breathing zone of the employees, on Notation 1" Sana Serif, Gothic or Block. based upon his most recent examination, membrane filters of 0.8 micrometer po- Oust Hazard Sana Serif, an examining physician determines that rossity mounted in an open-face filter Gothic or the employee will be unable to function normally wearing a respirator, or that the safety or health of thq employee or other employees will be impaired by his- use of a respirator. Such employee shall be rotated to another job or given the holder. Samples shall be taken for the determination of the 8-hour time- weighted average airborne concentra tions and of the ceiling concentrations of asbestos fibers. (li) Sampling frequency and patterns. Avoid Breathing Dust__ Wear Assigned Protective Equipment. Do Not Remain In Area Unless Tour Work Re quire* It. Block, ft" Gothic. y4" Gothic. Vi" Gothic. opportunity to transfer to a different po After the initial determinations required Breathing Asbestos Dust 14 point Gothic. sition whose duties he is able to perform by subparagraph (X) of this paragraph, May Be Hazardous To with the same employer, in the same geo samples shall be of such frequency and Tour Health. graphical area and with the same senior ity, status, and rate of pay he had just prior to such transfer, if such a different position is available. (3) Special clothing: The employer shall provide, and require the use.of, spe cial clothing, such as coveralls or similar whole body clothing, head coverings, gloves, and foot coverings for any em ployee exposed to airborne concentra tions of asbestos fibers, which exceed the celling level prescribed in paragraph (b) of this section. (4) Change rooms: (i) At any fixed place of employment exposed to airborne concentrations of asbestos fibers in ex cess of the exposure limits prescribed In paragraph (b) of this section, the em ployer shall provide change rooms for employees working regularly at the place. (li) Clothes lockers: The employer shall provide two separate lockers or con tainers for each employee, so separated or isolated as to prevent contamination pattern as to represent with reasonable accuracy the levels of exposure of em ployees. In no case shall the sampling be done at intervals greater than 6 months for employees whose exposure to asbestos may reasonably be foreseen to exceed the limits prescribed by paragraph (b) of this section. (3) Environmental monitoring--(1) samples shall be collected from areas of a work environment which are represent ative of the airborne concentrations of asbestos fibers which may reach the breathing zone of employees. Samples shall be collected .on a membrane filter of 0.8 micrometer porosity mounted in an open-face filter holder. Samples shall be taken for the determination of the 8hour time-weighted average airborne concentrations and of the ceiling con centrations of asbestos fibers. (11) Sampling frequency and patterns. After the initial determinations required by subparagraph (1) of this paragraph, Spacing between lines shall be at least equal to the height of the upper of any two lines. (2) Caution labels--(i) Labeling. Cau tion labels shall be affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing asbestos fibers, or to their containers, except that no label is required where asbestos fibers have been modified by a bonding agent, coating, binder, or other material so that during any. reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no airborne concentra tions of asbestos fibers in excess of the exposure limits prescribed in paragraph (b) of this section will be released. (ii> Label specifications. The caution labels required by subdivision (1) of this subparagraph shall be printed in letters of sufficient size and contrast as to be readily visible and legible. The label shall state: Cactioh of the employee's street clothes from his samples shall be of such frequency and work clothes. pattern as to represent with reasonable (ill) Laundering: (a) Laundering of accuracy the levels of exposure of the Contains Asbestos Fibers Avoid Creating Dust asbestos contaminated clothing shall be employees. In no case shall sampling be done so as to prevent the release of air at Intervals greater than 6 months for Breathing Asbestos Duet May C*"*e Serious Bodily Harm borne asbestos fibers in excess of the ex employees whose exposures to asbestos (h) Housekeeping--(1) Cleaning. All posure limits prescribed in paragraph (b) of this section. (b) Any employer who gives asbestoscontaminated clothing to another person for laundering shall inform such person of the requirement in (a) of this subdi vision to effectively prevent the release of airborne asbestos fibers in excess of the exposure limits prescribed in para graph (b) of this section. (c) Contaminated clothing shall be transported in sealed impermeable bags, or other closed, impermeable containers, and labeled in accordance with para graph (g) of this section. (e) Method of measurement. All de terminations of airborne concentrations of asbestos fibers shall be made by the may reasonably be foreseen to exceed the exposure limits prescribed in para graph (b> of this section. (4) Employee observation of monitor ing. Affected employees, or their rep resentatives, shall be given a reasonable opportunity to observe any monitoring required by this paragraph and shall have access to the records thereof. (g) Caution signs and labels. (1) Cau tion signs. (1) Posting. Caution signs shall be provided and displayed at each location where airborne concentrations of asbestos fibers may be in excess of the exposure limits prescribed in paragraph (b) of this section. Signs shall be posted at such a distance from such a location so that an employee may read the signs external surfaces in any place of employ ment shall be maintained free of accu mulations of asbestos fibers if, with their dispersion, there would be an excessive concentration. (2> Waste disposal. Asbestos waste, scrap, debris, bags, containers, equip ment, and asbestos-contaminated cloth ing, consigned for disposal, which may produce in any reasonably foreseeable use, handling, storage, processing, dis posal. or transportation airborne concen trations of asbestos fibers in excess of the exposure limits prescribed in paragraph (b) of this section shall be collected and disposed of in sealed impermeable bags, or other closed, Impermeable containers. (i) Recordkeeping--(1) Exposure rec membrane filter method at 400-450 X (magnification) (4 millimeter objective) with phase contrast illumination. (f) Monitoring--(1) Initial determi nations. Within 6 months of the publi and take necessary protective steps be fore entering the area marked by the signs. Signs shall be posted at all ap proaches to areas containing excessive concentrations of airborne asbestos fibers. ords. Every employer shall maintain rec ords of any personal or environmental monitoring required by this section. Rec ords shall be maintained for a period of at least 3 years and shall be made avail able upon request to the Assistant Secre cation of this section, every employer (11) Sign specifications. The warning tary of Labor for Occupational Safety shall cause every place of employment signs required by subdivision (1) of thu and Health, the Director of the National FEDERAL REGISTER, VOL 37, NO. 110--WEDNESDAY, JUNE 7, 1972 CTD006862 11322 RULES AND REGULATIONS Institute for Occupational Safety and Health, and to authorized representa tives of either. (2) Employee access. Every employee and former employee shall have reason able access to any record required to be maintained by subparagraph (1) of this paragraph, which indicates the em ployee's own exposure to asbestos fibers. (3) Employee notification. Any em ployee found to have been exposed at any time to airborne concentrations of asbes tos fibers in excess,of the limits pre scribed in paragraph (b) of this section shall be notified in writing of the expo sure as soon as practicable but not later than 5 days of the finding. The employee shall also be timely notified of the cor rective action being taken. (]> Medical examinations--(X) Gen eral The employer shall provide or make available at his cost, medical examina tions relative to exposure to asbestos re quired by this paragraph. (2) Preplacement. The employer shall provide or make available to each of his employees, within 30 calendar days fol lowing his first employment in an occupation exposed to airborne con centrations of asbestos fibers, a compre hensive medical examination, which shall include, as a minimum, a chest roent genogram (posterior-anterior 14 x 17 inches), a history to elicit symptom atology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEVi). (3) Annual examinations. On or be fore January 31, 1973, and at least an nually thereafter, every employer shall provide, or make available, comprehen sive medical examinations to each of his employees engaged in occupations ex posed to airborne concentrations of as bestos fibers. Such annual examination shall include, as a minimum, a chest roentgenogram (posterior-anterior 14 x 17 Inches), a history to elicit symptom atology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEVi..). (4) Termination of employment. The employer shall provide, or make avail able, within 30 calendar days before or after the termination of employment of any employee engaged in an occupation exposed to airborne concentrations of asbestos fibers, a comprehensive medical examination which shall include, as a minimum a chest roentgenogram (pos terior-anterior 14 x 17 inches), a history to elicit symptomatology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV, o). (5) Recent examinations. No medical examination is required of any em ployee, if adequate records show that the employee has been examined in ac cordance with this paragraph within the past 1-year period. (6) Medical records--(i) Mainte nance. Employers of employees examined pursuant to this paragraph shall cause to be maintained complete and accurate records of all such medical examina tions. Records abaB be retained by employers for at Isast-M years. , (ii) Access. The contents of the rec ords of the medical examinations required by this paragraph shall be made available, for inspection and copying, to the Assistant Secretary of Labor for Occupational Safety and Health, the Director of NIOSH, to authorized physi cians and medical consultants of either of them, and, upon the request of an em ployee or former employee, to his physi cian. Any physician who conducts a medical examination required by thin paragraph shall furnish to the employer of the examined employee all the infor mation specifically required by this paragraph, and any other medical in formation related to occupational ex posure to asbestos fibers. 3. A new 11910.19 is added to Subpart B of Part 1910, reading as follows: S 1910.19 Aebcitoe duet. Section 1910.93a shall apply to the ex posure of every employee to asbestos dust in every employment and place of employment covered by 11910.13, i 1910.13, i 1910.14, ( 1910.15, or i 1910.16, in lieu of any different standard on ex posure to asbestos dust which would otherwise be applicable by virtue of any of those sections. Effective date. Paragraph (b)(2) of i 1910.93a shall become effective July 1, 1976. All other provisions of ii 1919.93a, 1910.93, and 1910.19 shall become effec tive July 7, 1972. The current emergency temporary standard remains in effect until July 7, 1972. (Secs. 6, 8, 64 Stat. 1593, 1508; 29 OA.C. MS, 657; 29 CPR 1910.4; Secretary of Labor's Order No. 12-71, 36 PR. 8754) Signed at Washington, D.C., this 2d day of June 1972. O. C. Guenthcx, Assistant Secretary of Labor. [PR Doc.72-6574 PUed 6-6-72;8:48 am] CTD006863 FEDERAL REGISTER, VOL 37, NO. 110--WEDNESDAY, JUNE 7, 1972 THURSDAY, OCTOBER 9,1975 PART II: DEPARTMENT OF LABOR Occupational Safety and Health Administration OCCUPATIONAL EXPOSURE TO ASBESTOS Notice of Proposed Rulemaking CTD006864 Asbestos Information Association North America 1660 L Street. N. W. Washington, D. 0. 20036