Document MM0ZJOao3bdenLoXMKVgn34JV

22712 Federal Register / Vol. 51, No. 119 / Friday, June 20. 1986 / Rules and Regulations (2) .Moni.toring provides warning when OSHA's reference method (ORM) for control measures are not working; asbestos sampling and analysis. It (3) Monitoring provides data on specifies the use of procedures outlined exposure levels that may indicate in Appendix A-(or use of a method excess risk of disease; equivalent to the ORM), and also (4) Monitoring is necessary to presents the essential elements of a demonstrate when controls are required quality assurance program to be and when use of controls may be followed by laboratories engaged in the discontinued; paragraphs (f)(6) and (f)(7) pertain to (5) Monitoring provides information requirements for employee notification necessary for the proper selection of of monitoring results and to observation respirators. of monitoring, respectively. The Advisory Committee for The principal differences in the Construction Safety and Health monitoring requirements-of the existing (CAGOSH) affirmed the "need for and revised standards are that the environmental monitoring as part of revised standard: (1) eliminates the effective worker protection programs" existing standard's area monitoring (Ex. 84-233). Moreover, Section 6(b)(7) requirements; (2) permits employers who of the Act mandates that standards. can demonstrate that their employees' promulgated shall, where appropriate, "provide for monitoring or measuring exposures to asbestos are below the action level to be exempt from initial employee exposures at such locations monitoring; (3) allows employers to and intervals, and in such a manner as discontinue monitoring if reliable may be necessary for the protection of employees" (29 U.S.C. 655(b)(7)). Based on the requirements of the Act., the recommendations of CACOSH, and comments in the rulemaking record that support the inclusion of requirements for employee exposure monitoring, OSHA has determined that requirements for an effective employee monitoring program are appropriately included in the revised standard for construction. Accordingly, the revised standard for construction includes several monitoring requirements in paragraph (f). Paragraph (f)(1) requires employers to perform monitoring of their employees' breathing measurements indicate that employee exposures are below the action level; (4) specifically states that representative employee monitoring may be used; (5) restricts periodic monitoring to operations conducted within regulated areas; and (6) imposes the use of an OSHA Reference Method and a laboratory quality assurance program for the sampling and analysis of asbestos exposures. These changes reflect the input of the many construction experts who participated in - the asbestos .rulemaking, including OSHA's-Advisory Committee for zones that will accurately reflect and be representative of their exposures to asbestos. In paragraph (f)(2), Construction Safety and Health. The monitoring requirements have thus been tailored specifically to the needs and construction employers are required to conduct initial monitoring of employee characteristics of this sector. The record evidence and OSHA's reasons for exposures, unless; (1) The employer can including each of the requirements in the demonstrate, on the basis of objective data, that the asbestos;Containing monitoring section of this revised standard are discussed in detail below. product or material being handled Exposure monitoring was one of the cannot cause exposures above the more controversial issues raised by the standard's action level even under April notice (49 FR 14116). Many worst-case release conditions; or (2) the commenters provided information and employer has historical or other data opinions on specific requirements that demonstrating that exposures on a should or should not be included in the subsequent job will be below the action revised standard (Exs. 84-307; 123-A; level. Periodic monitoring is. addressed 84-424: 84-457; 263; 277; 328; 330; 92-008: - in paragraph (f)(3), which stipulates that 92-025; 312-A; Trs. 6/28, pp. 71, 73, 82; 7/ employers whose asbestos operations 11, pp. 98,107; 6/20, pp. 9,122; 7/8, pp. are being conducted within a regulated 67, 74.187, 204; 7/5, p. 121; 6/21, p. 64; 7/ area monitor employee exposures daily; 3, pp. 41, 81,.180: 285; 6/28, p. 252; 6/29, an exception to this requirement would p. 140; 7/12, p. 315). The comments permit employers whose employees are received addressed five major points: all wearing supplied-air respirators to (1) Selection of an appropriate forego periodic monitoring. Monitoring monitoring method; may.be terminated when, in accordance (2) Requirements for laboratory with paragraph (f)(4), employers obtain accreditation; confirmation by means of period (3) Requirements for initial monitoring that their employees'- monitoring: exposures are below the action level. (4) Frequency of periodic monitoring: Paragraph (f)(5) provides the details of (5) Choice of sampling strategy. As in the case of general industry, the need for a standard reference method for conducting asbestos monitoring was supported by several rulemaking participants from the construction Industry. OSHA has carefully evaluated these comments regarding the choice of a sampling and analytical method and has discussed this record evidence in. Section X of this preamble (Summary and Explanation for General Industry).. OSHA has determined, based on this evidence, that requiring employers to use a standard reference method for monitoring exposures to asbestos is necessary to eliminate variability in monitoring results that is caused by the use of different sampling and analytical methods. OSHA has also determined that the OSHA Reference Method . described in Appendices A and B, which is derived from the N10SH 7400 method, is appropriate for measuring asbestos levels on construction sites as well as In general industry workplaces. OSHA has further determined that the same quality assurance program for analytical laboratories that Is required in the revised general industry standard is necessary to reduce both intra- and inter-laboratory variability in construction (see the discussion of this program in Section X. above). The record evidence pertaining to the construction standard's other monitoring requirements are discussed below. Several commenters urged OSHA to require personal rather than area sampling, on the grounds that only personal sampling can adequately characterize employee exposures to asbestos fibers (Exs. 330; Trs. 7/3, p. 41; 7/3, p. 180). Typical of these comments was that of the Building and Construction Trades Department of the AFL-CIO, which stated: The BCTD recommends that all samples be personal.samples except those area samples needed to determine Ihe hounds of.a regulated area, to monitor air quality from ventilation equipment completion and to delermine abatement. Area samples can not accurately characterize a worker's exposure. (Ex. 330) OSHA agrees with the comments of the BCTD and others, and has required in paragraph (f)(l)(i) that employers conduct monitoring to "delermine accurately the airborne concentrations; of asbestos to which employees may be exposed" and in paragraph (f)(l)(ii) that exposure determinations "be made from breathing zone air samples that are representative of the 8-hour TWA of each employee." This regulatory language has been standard in all of OSHA's prior health rulemakings, and reflects OSHA's belief that area GLEASON-000960