Document MMJ0D2o5mJXg4j8XpDmwyLZgx

12/22/2003 - Application of the asbestos standard and labeling requirements to gaskets or ... Page l of 3 Robert Hatten From: Robert Hatten Sent: ^Vyednesdayjuly 1.4t2004:8;36.Mv== To:........ 'john.maddqx@ri.vhs.com' Cc:...... Donald Patten; Hugh McCormick........................................................................... Subject: 12-22-2003 - Application of the asbestos standard and labeling requirements to Here is the latest comment from the gov't on the need to put warnings on gaskets. Apparently Galock's witness tried to get the gov't to help Oarlock's;defense but it backfired....... ......... ................. ............................................. U.S. Department of Labor............ Occupational Safety & Health Administration ... lyOSHA Search 1.................. &Qi Advanced Search 11 Standa rd Interpretatio ns 12/22/2003 - Application of the asbestos standard and labeling requirements to gaskets or packings containing >1% asbestos. ^ Standard Interpretations - Table of Contents Standard Number: 1910.1001;, 1910:10Q1 (k)(8)(vi) ;.mOAOQlQK^ll) December 22, 2003................................ Frederick W. Boelter, CIH, PE .: Boel ter & Yates, Inc. Environmental Engineers. & Scientists 1300 Higgins Road Suite 301 Park Ridge, IL 60068-5772 Dear Mr. Boelter:................................... Thank you for your March l^A letter to the. Occupational Safety and I iea.lth Administration's (OSHA's) Directorate of Enforcement Programs. You have a question regarding the labeling of gaskets and packings containing >1% asbestos. This letter constitutes OSHA's. interpretation only of the requirements discussed and may riot be applicable to any question not delineated within your original correspondence, Yo.ur paraphrased scenario and question.... and our reply are below' Scenario: You have conducted a study of asbestos exposures resulting from the removal and replacement of asbestos-containing gaskets and packings. Question: Given your findings, are gaskets and packings containing :> 1% asbestos exempt from labeling on 'die basis of 2.9 CFR 1926.1101(k)(8)(vi)(A) or 29 CFR 1.910,100l(j)(6)(i)? Reply: No, your findings cannot be used to exempt.the. mentioned gaskets and packings from labeling because these provisions are. directed toward the manufacturers of the.. ... 6/12/2006 12/22/2003 - Application of the asbestos standard and labeling requirements to gaskets or . .. Page 2 of 3 gaskets and packings. Please note that labels do not have to be affixed to the gaskets and packings or their containers if "[ajsbestos fibers.have been modified by a bonding agent, coating, binder, or ether material provided that the manufacturer can demonstrate that, during any reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no airborne concentrations of asbestos fibers in excess of the permissible exposure limit (PEL) and/or excursion limit will be released . . . ." (emphas;s added). Moreover, the manufacturer must provide the demonstration for each specific model, type, or make of gasket or packing chat the manufacturer wishes to have exempted from labeling. Furthermore, it is our opinion that your data do not demonstrate that the gaskets you examined possess the .physical property that these provisions require in order to qualify for:.. exemption from labeling, Your data show that a person can be exposed to.an 8-hour time-.. weighted average; (TWA) asbestos air concentration of 0,035 fibers/cubi.c centimeter (f/cc) when using a flat: blade scraper over a period of 8 hours to clean off the residue left behind by 8 removed gaskets,. Your data also show that a person can be exposed to an 8-hour TWA asbestos air concentration of 0..Q52 f/cc when making 8 new gaskets over a period of 8. hours with a ball peen hammer. Consequently, if the same person does both tasks, the....... combined exposure would likely be greater. It.is a reasonably foreseeable occurrence for a... person to perform the same tasks in regard to 10 gaskets instead of 8 gaskets in an 8-hour period. In that event, a person could, be exposed to an 8-h.our TWA asbestos air concentration that could exceed the 8-hour TWA PEL. of 0.1 f/cc. Please realize that even: if a manufacturer were successful in demonstrating that one or... more of the models, types, or makes of gaskets or packings that it manufactures qualifies under these provisions for exemption from labeling, the gaskets or packings would still be covered by OSHA's asbestos, standards..... Thank you for your interest in occupational safety and health. We hope you. find .this............ . information helpful. OSHA requirements are set by statute, standards, and;regulations. Our .. interpretation letters explain these ..requirements and how. they apply to particular.................. circumstances, but they cannot create additional employer obligations,. This letter.................. constitutes OSHA's interpretation of the requirements discussed, Note that..our- enforcement guidance may be affected by changes to OS HA rules, Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov, If you need..further. assistan.ce, please contact the. Office of Health Enforcement at (202) 693-2190. Sincerely, Richard E. Fairfax, Director.................: Directorate of Enforcement Programs Standard Interpretations - Table of Contents Back to Top- www.osha.gov Contact Us | Freedom of Information Act [ Customer Survey Privacy and Security Statement | Disclaimers Occupational Safety,& Health Administration 200 Constitution Avenue., NW . . 6/12/2006 12/22/2003 - Application of the asbestos standard and labeling requirements to.gaskets or ... Page 3 of 3 Washington, DC 20210 m....... :::...... ~...................