Document MJj590jK7dQL5Je95OoZy4Dy7

BROWN l TOOT, ZflC ones MEMO TOi rtctu ms SALMON, Safety Manager CAUL WOttWJSON, Induetrial Hygienist SUBJECT i ASBESTOS WCOBDXZZPXNC KEQUZRDffNTS QATSi AFRZL 1, 1976 In Kirch 19, 1976, Federal Bagieter, the retention period for any personal or snvlromsntal nonitorlng of isbeetoa exposure vu extended fron throe (3) years to twenty (20) yean. This revision does not charge the twenty (20) year retention 'period for nedieal records. All interested parties should be notified of this extension. Enclosed, please find the revision es printed In the federal Aegis* ter. CBR/ber Enclosure Carl D. Richardson, Industrial Hygienist Safety Depertnent Title 33--Labor I ' ordi and czpeiure records, and the tact Accordingly, pursuant t the Count CHAPTER XVII--OCCUPATIONAL IAFCTV I AND HEALTH AOMINISTHATION, DC1 FARTMENT Of LABOR Rart i*id--occupational sArrrr AND HEALTH STANDARDS that the standard required that medical j -rewards be maintained lor at leaft 30 I '.yetrt. the court upraised tumme at i': the short three-year retention period fid. for monitoring recordi. After reviewing ^;the Secretary's oblifation under the Aet remand for further consideration el the retention period for monitoring records, we hare concluded, burn on tor camtog record and for the reasons stated above, that a 30-year retention period tt supported by the evidence and neee*. Standard tor Eapoeura to Asbeitoa to require retention of records necet- J mrr for the development of Information pursuant to aeeUons 9(b>' and HO ' i eonceminf the causes of disease and the of the Occupational Safely mVii' J toioorlanee of exposure data in atab* . Act of 1970 114 SUL 1(91. 1399 * ^Bihbif this causal relslionshlp. the Court MS, 1ST), Becrtury of Labor's Order No. 13-11 (It m 1750. and 39 CTO Fart 1911. 11910.100111X1) or Fart 1910 of Title 39. Code of Federal Regulations, is hereby amended in the meaner set forth below, tot order to extend the retention 3 remanded the recordkeeping require* ' f menu to the Secretary "for surh modIft* `cation or clarification as mar be ncees* eary to ensure that the statuterr obiee* lire* will be fulfilled" ill F. 3d at 4l. , Forroant to the Court* direction. period for osbeslas exposure monfiorini OBRA hu completed iu review, and hai records from three years to twenty years. Cm December 1. 1971 (39 ML 33301), OSKA Issued an emergency temporary standard on asbestos in response to s pc* m'A concluded that the opinion expressed by . I' the Court Is an accurate reflection of the M record. and that the arency'i initial p Jadrmcnt warrants correction. UUen by the Industrial Union Depart ment of the ATV-C30. pursuant to sec .la* 06BA believes that axtenslon of the tton sro of Ihf Act (14 But IS*. 31 U.B.C. MU. This emergency temporary sltaannAdaaprdit was rdfeesiiivgnneedd sprrlimmearrUilyv to iflrh,n * ngtnally proposed would be In immediately reduce and control occupa- bartoonr with the twenty-year retention Uonal exposure to asbestos dun center . period now required for employee medi* trattoria, and did not contain record- ,, ,cal records. 39 CTR 1919.10010)mm. keeplal procedures. However, an Jano-' 2 .As toe court noted (499 r. 3d at 4U>, try 13. 1973 (37 m 490. OSHA pub* * jBi two aeb af records when read to* Ushcd a proposed comprehensive stand ; fftoer would provide a more complete ' ard for asbestos exposure which did i ivaoed of an employed history of ex* indude reccrdkteplnc provisions. Para* I poron a factor vitolly.important with graph (bxi) of the propoaal (37 FR Kt to atbestos-rtiatod diseases. The JCM) provided that exposure monitorinr S aded period for retention, with re* records, nations, and records of be miiotalned medical exsmi*3 for a period of *1 *totant data accumulation, will be celt* 91 tnl to medical and scientific tovestige - twenty years. After public healings till J (Tiw ibidylng neb questions as dose. Secretory promulgated a new. ptrms-J i relationships in diseases caused `cat OSHA standard for asbestos on,9 t W occupational exposure to asbestos. Judo 1. 1913 (31 rfl 11119). in accord* J .Tu decision would also be nspooslvo to anet with section Mb) of the Act (If But 1991. 39 UiJ.C. 199). Tills new rtf* the agency's declared concern that toe past inadequacy of health and monitor* . uJaUon. which appeared as 19 CTR lag records have hindered research into IllOJSa prtor to rtcodlAeaUon, eon* the consequence* of asbestos exposure at tabled three-year requirement for rm tot workplace. 11 ni mif. jm 1.1913. sary for the protection of employees- It 1 Is noted that to a new proposal on ex posure to asbestos <40 FR u:. October I. 10731. which reflects toe most recent scientific and medical Acveiopmenu in the field, a 40-year retention period (or toe duration of employment piui twenty yean I lor both exposure measurement and medical records hu been proposed. for toe reasons stated above, tot ex posure records provision el toe asbestos standard will be corrected to require re tention of exposure monitoring records for at least 30 ytan. effective Msreh is. 1174 OSHA believes that a delay in the effective date of this requirement it not warranted iloce this role only require* that affected employers retain record* which they have already comoiicd and therefore does not impose a new burdeo of action, and since the mitts! torcc-rcar retention period for sucb records has now lapsed and these records might be destroyed. Lost of such records would be irreparable. Continued access to such records by all concerned is omenUi) la the public interest, and is an apwropruie means of effectuating the goals of le>* proved worker safety end health under toe Aet. Oood cause It found, therefore, pursuant to section <d> Hi cl toe Ad* mtotstrattv* Procedure Act (( U.S.C. 351 (d)(1)). for making this rule effective. Accordingly, pursuant to the direc tion of to* United Bums Court of Ap* peals finduttrial union Department. AFL-CIO v. Hodgson, supra"), and the abovt referenced authority, paragraph U)) of 3* CTK lll0.10dl.ls hereby amended to read aa fa&owa; ..............k tolnlng exposure monitoring records. M The Joog latency periods associated 11919.100] CHI 1910.93a.tli (II (now 39 MltJMKI) (1)>. On July 37.1913. pursuant to section 9(f) or the Act. (94 6tAL 1911. 3* OA MS), a petition for Judicial review or lb# asbestos standard was filed with the > United Bums Court of Appeals for Use District of Columbia. the principal petf* Uorten. the Industrial Union Depart* menL AfD-CIO, obieeted to seven! xubUatire portions of the standard, inclodinf those dealing with recordkeeping. The Court sflrmed the Secretary's Judgments and the standard* validity except for two provisions, one of which was the retention period for exposure monitoring records. "Industrial Union Department. AFL-CIO v. Hodgson." 499 P. 3d 491 (CAD.C. 1914). the Court directed the Secretary to re-examine Ute taadard with respect to the three-year record*wrung provision and to recon* ' older whether tech time period ade* guateir assured employee protection trom asbcstoa-relaled diseases. lb dismissing this issue, the Court vrlto asbesuw-re.'ated diseases, and toe consequent ovvd for a standard to tokt eweh Isteocy pertodi into account, were recognized by both the OSHA Advisory Committee on Albatot Dust (proceed* togs at pp. 103*109. February 11. 1013) and the HIOSH Criteria Document for a Recommended standard on Asbestos (gtnera&y chapten l and H>. In addi tion. testimony by toe witnesses at toe OSHA hearings also supported longer re tention period! for exposure monitoring records (Tr. at (37. (1|, March 11. If73>. A consensus of the evidence in the record Indicates that exposure monitoring rec ords should be held lor at Hast 30 yean to order to make sucb a requirement meaningful in view of what Is generally recognised as toe minimum latency pe lted for many a*betla-related diseases, OSHA is of the vie* tost the intoreais of worker health would be beet served by requiring the retention of exposure mon itoring records for a period which re- flrcu an appreciation of toil recognised latency factor. .. f|> (mnftrrdsH-lli grpossre rew ords. Cvery wtpioycv thaD ** rec ords of any personal ar rortrenatneal monitoring required by this section..Rec ord* shall be maintained tor a period *f at least X> yean and than be made avail able upon requat to the Assistant Sec retary of Labor for Occwallonal Bafrtr and Health, toe Director of toe NtUonal Institute for Occupations! Aafetr sad Health, and to authorised represeotaDm of either. Idea. I. 1 hub. L. St-ASS. M 9UI 1111. IMS IS* DM. tii. (171: OremafT *t Leber v Orecr No. ta-71 (is n flM); * cm pus lent. Signed at WaslUngtoo, D.C. this 131h day of March 1911. Moitosi Cdsm, . AttUltnt Stcrtttw'0l /Labor. . I |FR Boc.7*~rr*l n>*d i-IS-TiI.s.e* sa| j noted tost many of toe problems facing toe Secretary In developing an ubettot standard acre dtreetly attributable to the lack of information concerning nabesioa-related diseases, and partleu- lady to toe lack of reliable data on past exposure levels. Noting toe dote func tional relationship between medical rec-