Document Mo47kgok5nY4NL48Koe5n7x9j

MEMORANDUM FOLLOW UP~ 11/18/74- June 27, 1974 I discussed our strategy on the proposed New York State legislation on asbestos, copy attached, with Don Ackerman, who works for Kent Webb. This bill was not read out of Committee during the 1974 session of the Assembly and if it is to be acted upon by future assemblies, it must be re-introduced when the Legislature meets again. Acker man indicated that if the Assembly, which currently has a narrow Republican mafority, achieves a Democratic majority in the November elections, then the chairmanships of the various committees will be assigned to Democratic legislators and the chances of this bill reaching the floor (assuming that it is re-introduced) are substantially greater. Further, if the governorship changes hands, then any possibility of a veto would be eliminated. I agreed to follow up with Ackerman soon after the 1974 elections so that we could plan an appropriate strategy on this matter. WCThurber/es .s L'- \f * 'i- } UC&0O9O48 Mr. J. L. Myers Niagara Falls April 17, 1974 Mr. R. H. Mereneu Attached far your Information Is a copy of proposed legislation Introduced Into the Assembly of the New York State Legislature and referred to the Committee on Labor. Our current Intelligence on this proposed asbestos regulation Is that It will not come out of Committee and, therefore, our current strategy should be to maintain a low profile, taking no action at the moment. If we detect a change In the climate and It appears likely that the bill will be referred out of Committee then we will take appropriate action, both on our own pert and perhaps through the good offices of certain major customers with operations In New York State. You will note that this proposed legislation Is poorly written, ambiguous, fraught with typographical errors and much more stringent thin the present Federal OSHA Standard. If it Is necessary to assume a mare activist position, we probobly should argue on the grounds that It is Incompatible with the existing federal regulations. I will keep you apprised on this matter. WCTtes Attachment W. C. Thurber UCC -009049 STATE OF NEW YORK 11233 March 5f 1374 Introduced by Mr: OldYIEEl--read once and referred to the Committee on Labor ' AN ACT To amend the labor law, in relation to occupational exposure to asbestos The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The labor law is hereby amended by adding thereto 1 a new article, to be article twenty-four, to read as follows: 2 . . ARTICLE 24 " 3 OCCUPATIONAL EXPOSURE TO ASBESTOS 4 6 Section 850. Tests. . .. 6 851. Medical surveillance. 7 ' 852 Requirements. 853. Monitoring and record keeping requirements. 854. Labeling. 855. Personal protective equipment and clothing. 856. Hazard apprisal. Explanation'-'-- Matter in italics is new; matter in brackets'[ 1 is old law to be omitted. UCC 009050 1 550. Tests. 1. Occupational exposure to airborne asbestos dust 2 shall be controlled so that no worker shall be exposed to more than 3 1.0 asbestos fibers per cubic centimeter of air based on a count of fibers greater than five inicrometers in length, determined as a 6 time-weighted average exposure for an eight hour work day, and 0 no peak concentration of .asbestos to which workers are exposed 7 shall exceed 2.0 fibers cubic centimeter based on count of fibers greater than five micrometers in length, as determined by a mini- ,, mum sampling time of fifteen minutes. .' 2. Procedures for sampling, calibration of equipment, and analy sis of absestos samples shall be as provided in Appendix I of the Asbestos Health Code. 13 3. This standard is to become effective ninety days after promul 14 gation as a standard. . 15 831. Medical surveillance. 1. Medical surveillance is required 16 for all workers who are exposed to asbestos as part of their work IT environment. For purposes of this requirement the term "exposed 18 to asbestos" will be interpreted as referring to time-weighted 19 average exposures above .5 fiber/cubic centimeter or peak exposures 20 above five fibers. Medical management shall include recommenda- 21 Hons as to fob placement, improved work practices, cessation of 22 smoking, and specific therapy for asbestos-related disease or its 23 complications. ' 24 2. Required components of a medical surveillance program shall, include quarterly measurmenfs of pulmonary function (forced | 25 vital capacity) (FTC), and forced expiratory volume for one second 27 (FEY), and of quarterly chest roentgenograms (postera-anterior Y I UCC 009051 w^r*wrfa^rg-, --J---- `"1^lftM''*""^^'-m-'l-1-ilfgF*iijt-i tJit^* w--* "+,r^j` A--11298 3 1 14 x 17 inches). Additional medical requirement components shall 3 include a history to describe - smoking habits and details on past 8 exposures to asbestos and other dusts and to determine presence -<*- A or absence of pulmonary, cardiovascular, and gastro-intestinal symp5 toms, and a physical examination, with special attention to pul* 6 moftary rales,- clubbing of fingers, and other signs related to i L f &<m` 7 cardiopulmonary systems. . 8 3. Chest roentgenograms and pulmonary function tests will be ?r ^-gmg.*: 9 performed at the employer's expense,. at least every six months 10 on aU employees exposed to asbestos. These tests will be made 11 quarterly to individuals: 12 . (a) ivho have a history of five more years of employment 13 involving exposure to asbestos; or ': 14 , (b) who show roentgenographie findings (such as small 15 opacities, pleural plaques, pleural thickening, pleural calcified- i y< -rffr-h r^-r- l.V' -J*. Jr 16 tion) which suggest or indicate pneumocomosis or other reac- 17 lions to asbestos; or -: iEffl3S35 18 (c) who have changes in pulmonary function which indicate 19 restrictive or obstructive lung disease. Preplacement medical 20 examinations and medical examinations on the termination of SOL employment of asbestos exposed workers are also required. 22 852. Requirements. The following are work related reguire- "A %t F'CySx-'* 23 ments: . 24 i. asbestos cement^ mortar, coatings, grout, and plaster shall be 25 mixed in closed bags or other containers; 2 2. asbestos waste and scrap shall be collected and disposed of in sealed bags or other containers; I A--11298 4 3 1 3. all cleanup of asbestos dust shall be performed by vacuum -l 2 cleaners or wet cleaning methods. Wo dry sweeping shall he per- 3 formed; . 4 4. in any operations, involving dust, factory personnel must wear ~ 5 respirators; 5. 5. all toots used must be used in conjunction with a high-volume 7 exhaust system that draws dust into a baghouse. . 8 853. Monitoring and record keeping requirements. Employers 0 are required to maintain records of environmental exposure to 19 asbestos hosed upon the following environmental sampling and 11 recordkeeping schedule. Personal exposure samples will he collected 12 at least annually by specific maximum-risk -work operations from 13 a number of employees. The first sampling period will be com- 14 pitied within one hundred eighty days of the date this standard 15 goes into effect. These selected samples will he collected and | 15 euatwated as both time-weighted and peak concentration values. . 17 854. Labeling. 1, A warning label for asbestos shall be used. 18 3. Numerical designations indicate the following; 19 (a) 4=c3ealth hazard (color code, blue). Inhalation may cause SO asbestosis, pleural or peritoneal mesothelioma, or lung cancer. 21 (b) 0--Eire hazard (color code, red). Asbestos is nonflammable 22 and has negligible vapor pressure, volatility, flash point, and 23 explosive limits. 24 855. Personal protective equipment and clothing. 1. (a) For 25 the purpose of determining the class of respirator to be used, the 28 employer shall measure the atmospheric concentration of airborne. 27. asbestos in the workplace when the initial application for variance UCC 009053 jiii>niiLii.mirnr;inmmrTTr^iiLfin.^irirnnjy iiiTirnmi^iiiPiniiihn( imnmn|yi i npnffwm -11298 1 is made and thereafter whenever process, worksite, climate or 2 control changes occur which are likely to affect the asbestos concern- 3 tration. The employer shall test for respirator fit and/or make 4 asbestos measurements within the respiratory inlet covering to 5 insure that no worker is being exposed to asbestos in excess of the 5 standard either because of improper respirator selection or fit, ? (b) As noted above, the use of respirators and protective cloth ing can be decided on the basis of either time-weighted average or 8 peak concentrations. For determining usage or compliance, the 18 peak concentration of two fibers per cubic centimeter is established. 11 (c) For any industrial, plant using asbestos or products contain- 12 ing asbestos, a type C positive-pressure supplied air respirator 12 approved under the promsions of SO CFB 12 (Bureau of Mines 1"* Schedule 19B) shall be used. 1^ (d) The employer shall establish a respirator program in accord * 1 ance With the requirements of the ftAmerican National Standard 1? for Respiratory Protection Z88.2--1969". . 12 2. {a) The employer shall provide each employee subject to 12 exposure in a variance area with coveralls or similar full body protective clothing and hat, which shall be worn during the working 21 hours in areas where thereds .exposure to asbestos dust. 22 fib) The employer shall provide for maintenance and laundering 23 of the soiled protective clothing, which shall be stored, transported 24 and disposed of in sealed nan-reusable containers, marked,tcAsbes 25 tos-contaminated clothing" in easy-to-read letters, 26 (c) Protective clothing shall be vacuumed before removed. 27 Clothes shall not be cleaned by blowing dust from the clothing or 23 shaking. UCC 009054 msm. Wm:1 ppSliis!! ti-'.aef 1 5ft ijT -TV.'Ar I. MpSM"* y~'~~- ~ - - ............... .. - r^ w)Vir^jfc\ii')i7i~;'VrTj-. rj - ^'-;- ' ' "-:~-`-- ~ ''; - --' '-^' r" ' "J"*r-- -''., ..-. * - ... -. . --,g1T-?fi'..g.^ --.-**AL- A--11298 ' 6 2 (d) If laundering is to he done by a private contractor, .the 2 employer shall inform the contractor of the potentially harmful 3 effects of exposure to asbestos dust and of safe practices required &. in the laundering of the asbestos-soiled- work clothes, and the private 5 contractor must maintain a separate room for laundering work : 8 clothes exposed to asbestos and must follow same procedures as ! 7 factory for protection of workers from asbestos. S 855. Hazard apprisal. .Each employee exposed to asbestos 9 shall be apprised of all hazards, relevant symptoms, mid proper 10 conditions and precautions concerning use or exposure. Each 11 exposed worker shall be informed of the information which is 12 applicable to a- specific product or material containing five percent 13 or more asbestos. The information shall be kept on file and readily 14' accessible to the worker at all places of employment where asbestos 15 materials are manufactured or used in unit processes and opera- . IS Hons. It is required that this information be provided for asbestos 17 processes and operations where the asbestos content is less than five 18 percent. ' , . .. 10 2. Article twenty-four and section eight hundred fifty-five of 20 of such law are hereby renumbered to be article forty and section 21 one. thousand, respectively. ' -, 22 3. This act shall take effect on the one hundred eightieth day 23 after it shall have become a law. ' ' - x*y:.: