Document M4VDXy0w2n0eaYQM5qb1Mkp8L

I s AIA-51 Asbestos Information Association North America 22 East 40th StrMt New York. N, Y. 10016 - (2121J661-62D6 rucilvg V" ^'tIT972 July 5, 1972 T. A. DEHT ' TO* - A - -- AIA/NA MEMBER COMPANIES it-'*.-- AIA/NA ENVIRONMENTAL CONTROL SUB-COMMITTEE AIA/NA LEGAL COUNSEL James Armstrong -- Benaix Corporation E* C. Bratt -- H. K_ Barter Company* Inc. G. G, Qtbzielso&f Jr. -- Bicolet Industries, lac. Bernard Gross - American Bilt Rite Rubber Company J. Hall - GAF Corporation H. M. Jackson - Johns-Manville Corporation W. N. Johnson - Union Carbide Corporation A. R. Hooker - The Flintkote Company C. A. Neumann . Kentile Floors incorporated G. W. Nickel - Armstrong Cork Company - Clifford Seymour - The Carborundum Company J. R. Stetson - Congoleum Industries, Inc.. Philip Weinstein - Evertex Incorporated G. W. Wright, M.D. - St. Luke's Hospital Gentlemens A meeting was held in Washington last Thursday between the AIA/NA and representatives of the OSUA standards development and compliance sections. Attending on behalf of the AXA were John Marsh, Raybestos-Manhattan; Paul Weiner, GAP; Hugh Jackson, Johns-Manville; Frank Zimmerman, National Gypsum; Bradley Walls, AIA/NA Legal Counsel, and H. M. Swetonic, AIA/NA Executive Secretary. OSHA was represented by John O*Neill and Harry Gilbert of Standards Development; and Bay McClure of Compliance. . . The purpose of the meeting, as was discussed at the Association meeting on June 22, was to clarify a number of points with regard to the interpretation and enforcement of the asbestos standards. Because the standards are to go into effect this . week, we considered it imperative to provide you with the basic points of interpretation and compliance established at the meeting. A more complete report on the meeting will be forthcoming in the near future. ^ lUvT a VoU JL&a yJs fi-d-F /-rUlLy jwnp ? e-fe. SkhMiM (I, All#* lUf w9,, Johmi . Ciw* - 646r*<ee r, i.u . rt** t Cmp . Hm ep Cm , Mlf M ilH" M. * . '*j* In*. , .. C I V' c L . n .IS'**1 AIA-51 The- following are the mein areas discussed and -the decisions reached: - 1. LABELING: The AIA/NA is applying for a temporary industry-wide variance cn the exact wording of the labeling requirements of the standards, in order that existing supplies of boxes, cartons, bags, etc. containing a label with wording somewhat different than that called for in the standards will be permitted until they are used up. As lcng as the label currently being used contains basically the same information as the required one, it will be acceptable to OSHA until stocks are used up. m Products to be labeled should fellow the list ing submitted by Dr. Fred Pundsack of Johns-Manville to OSHA following the March hearings. A copy of Dr. Pundsack*s list, with minor alterations, is attached for your --* information. - No product which requires labeling will be permitted to be used without any label until existing stocks of non-labeled bags, etc. are used up. A stick-on label of some type would L be satisfactory. The size, color, placement, etc. of the label is left to the discretion of the employer, as long as the label is "readily visible and legible." A good rule to follow would be: if you are trying to hide the label, OSKA will probably not accept it. 2. CLOTHES LOCKERS: Separate clothes lockers are required only for employees working at levels in excess of the five fiber TWA. 3. It was the intention of OHIIA to require Typo "C" supplied-air respirators and protective clothing only for insulation and fireproofing spray applications. AIA/NA will apply for a v.-.odifieution of the law tr> exclude other types ot asbestos-spray applications from these requirements. More Q1--02 15U- 4 AIA-51 -"A full facepiece powered air purifying respirator, or a powered air purifying r___e_ ..sp*irajtor, or a_ r--e- s--p- -i*rator e_ tc_ m _ The sentence should read A full facepiece powered air purifying - `' rveaesnpiirator, or a% respirator oeftc ^ i '' The' phrase powered, air purifying respirator* should he deleted. MGKITOHIBG AND PHYSICAL EXAMINATIONS: Company monitoring and physical examinations should be conducted an all employees who regularly with asbestos and are exposed to airborne fiber, r;; as well as on maintenance men, .company industrial'^ hygienists and other employees that the company yv-it feels require monitoring and physical ` examination because of the nature of their "Y ^ work or because of their close proximity to - dusty asbestos operations. This would exclude : office personnel, most people working in :* non-asbestos using sections of an asbestos M > manufacturing operation, etc. 'V CITATIONS] A company's own monitoring or other records will not be used as evidence to issure citations, nor will they be used to give a plant a clean bill of health. will take dust samples, if at all possible, for.a full eight hours, perhaps divided into two- four hour samples. In addition, samples will be- taken on more than one day*. so that . 'surname: accurate count can be produced. Ceiling;* '" sampling periods will be at the discretion of the OSHA hygienist. Ceiling samples as ..' short as five minutes may be taken if deemed appropriate. Under some circumstances -More .. ; v v*,, . m * * _ AIA-51 ; <*. . ^ t: -r - :.fff tan obviously, vexyheavydust. - - ;.... : . .. .... j -i ' . j** ;-i p*~ * 't -.^ ' k t,' .. '. ;" .:.. .- \. * - \-fr.te* .- \. -V .*> Vj ,. v. would not be normal practice. Employers will be given specific dost counts only if they are in excess of the standard. Counts taken | by BIOSH hygienists will be reported to OSHA, | but will not be nsed by^pSSA for .purposes of.. ` : -'t*, 1 learning-citations.:,. ' ' '' -. "./" "*r' * * 8. EMPLOYES MOTIFICATION: Qo the question of notifying employees if they are found to be working in dust rnno.ntrt i owe atw 4-lam neither Q*lri.ll~or ncClnze-vonldsdce' a. - V- .' decision whether the notification "clause in -T" the standard would he satisfied by the posting on a plant bulletin board of stations above ^ ' * TWA, or whether a more individualised approach, ... --J such as sending the employee a registered letter* ^ would be required. TO answer this question, we were asked 'to write to the solicitors office ? in OSHA for a ruling. Unfortunately, .-a prior ^ informal conversation between Paul 'Weiner of T; ~ GAP and a member of the legal staff of QSEA . ' ~:V. indicated that the answer to such a -question would be in favor of the registered letter - : approach. As a result, we have decided not '_ to submit this question for a ruling, but will ' ' leave it up to each company in -the industry to " decide in what manner it wishes to abide by ' this, rnqnlTrmmt ,and vait ts sM ii JaUetia; ` board notification will be challenged,by OfiBA regional inspectors. . v . < ta fc*' - `- . *' ' . . * * . w- -i *,, .v ' -> . ' . "^ UXl^ Zb general, the -concensus of the AZA group that attended the ^":~..Wahi ngt on mne11 ng was ^thatr-the. Industry.; could expect -reason able treatment frost OSBA as long as the industry did not try to . ;\ -n circumvent the intent of -the regulations. For example, the . ~ various requirements in. the standard for protective clothing, -. .' ,r change rooms#; separate lockers,'etc. have as their purpose *' the preventing of excess!veaaounts of asbestos dust being ..Ce*; carried boms on ta jgplayl*i Tdotie* bna vork. As long as - V! ?_ this-purpose is achieved, the' industry will be given wide ~ " wj;" latitude as to the types of protective clothing, footwear > and headgear required; the location and size of change rooms; * ... - . /V - r: . .' ~ " -~ . - .. . 01--0215M26 AIA-51 * the distance between separate lockers, etc. In short, the industry is free to interpret many sections of the regulations aa .it seas fit* as iosg as the spirit and intent of the - V law is observed. Sincerely, Matthew M. Swetonic Executive Secretary HOZEt The following is the new address and telephone number of the AXA/MA effective iseedimtely. Asbestos Information Association/Hoxth America 22 East 40th.Street Suite 1611 New York, Sew York 10016 . .. 212- 6B9-3378 .