Document MobyLK4NkDJarM6BXYXRVvVnL

PLAINTIFF'S EXHIBIT INTERNAL CORRESPONDENCE CHEMICALS AND PLASTICS ~o iNamej 9 vision location Copy to Mr. E. C. Shipley 511 -2009 Institute Plant Mr. L. R. Noble Mr. H. L. Robinson Dr. R. J. Sexton Mr. C. C. Smith, J: Dr. T. N. Spencer P O. BOX 8361, SOUTH CHARLESTON, WEST VIRGINIA 25303 Dare March 5, 1979 ongmar.ng D<rPt Tec h n i ca 1 Center IH/EP Subtecr Medical Examinations Re: OSHA Asbestos Standard Dear Mr. Shipley: After our discussion on asbestos March 2, I have discovered an OSHA administrative order, copy attached, which interprets the asbestos standard in terms of medical requirements. It appears that medicals will be required of all employees who are exposed to a "minimum of 0.1 asbestos fiber longer than 5 (i per cc of air." Since application of engineering controls as specified in 1910.1001 subpart (C)(i) are not feasible for stripping of asbestos, we are using respiratory protection as allowed in 1910.1001 (d)(ii). By copy of this letter, I am requesting the Law Department to deter mine if use of respiratory protection constitutes reduction of ex posure below 0.1 fiber per cubic centimeter. Very truly yours, GFH/sc Attachment G. F. Hurley Technical Center Industrial Hygienist UCC 017205 --------------T 21:9158 Magnesium arsenate. Sodium arsenite. IZinc arsenate, iinc arsenite. |jnc fluoroarsenate. aufacturers of desicca ExamYle : Orthosarsenic ac: l. g.. Mamifacturers of wood p eservatives. Some examples of these pro3i( ucts are as follows: (1) Am nlnniacal copper arss< nite. (2) Ch routed copper arser ite. (3) Mixtu* of chlorinatec arsenate, /Iuo#le and phenolic saltsYi aqueous solut in. (4) Zinc-chr\mium arsenatt (5) CopperizSd zinc-chromi m arsenate. (6) FluorchroYe arsenate p lenol. h. Manufactures of feed ac ditives. Some examples qfthese pre ucts are as Jbllows: (1) Arsanilic acic (2) 3-Nitro-4-hyd&xyphenjlarsonicaJ (3) 4-Nitrophenylalsonic ac (4) 4-Ureido- 1-pheiVlarson i. Manufacturers of\harmJceutic/ls for use in veter inary medicine. Some examples of thes Ire as follows: (1) Acetarsamide. (2) Carbarsone. (3) Dichlorophenarsine. (4) Lead arsenate. (5) Melarsonyl. (6) Neoarsphenamine. (7) Thiacetarsamide (Ca; suate). j. Manufacturers of gla: ia\use arsenic trioxide as a refining agent and a deci lorfcerl k. Manufacturers of aloy: of Apnferrous metals and arsenic. Some examples of p^bduct manufactured from these alloys are as follows: (1) Lead shot. (2) Cable sheathi/g (lead ajd arsenii (3) Battery grids/lead and rsenic). (4) Battery elei (odes (leaefand arsenii (5) Speculum Fietal. (6) Boiler tub#s (Copper arjl arsenic). (7) Arsenic aronze. (8) Special holders such used on body Joints and seams in the nitomobile indu try. (9) Arsyic brass. (10) ArCTiical Babbitt. l. User/ of solders that ontain arsenic as v com- ponent iirthe alloy. Example: Automobile and ruck body manufactl rers. m. Manufacturers and/c users of arsenic- ,ased flotatwn reagents. n. ^Miscellaneous, fsenic and/or arsenic-c ntaining, inorganic po#nds are used in each of t re following types of esta^ limments. However, every erfployer does not necessa: se them. REFERENCE FILE ` jther tanneries. (2) ManuTtlMiiCErs of ce^unics and cerar] enamel. cisj (4) Manuyi*wrffsofpi'otechnicsT" f3' MI'IiiiiI irtnirn of sjniconductors. OSHA PROGRAM DIRECTIVE #300-16 -- October 11,1978 DUS TO: REGIONAL ADMINISTRATORS/OSHA Subject: 29 CFR 1910.1001(j)(2) or (3) or (4), Minimum Airborne Fiber Concentration for Initiating and Continuing Asbestos Medical Examina tions. 1. Purpose The purpose of this directive is to provide uniform inspection and compliance procedures for the medical examination requirement in the asbestos standard, 29 CFR 1910.1001(jX2), or (3) or (4). 2. Documentation Affected This directive supplements and provides reference for the OSHA Industrial Hygiene Field Operations Manual (IHFOM) and the OSHA Field Operations Manual (FOM). 3. Background In 29 CFR 1910.10010X2), or (3) or (4). Medical ex aminations, the term ". . . exposed to airborne concen trations of asbestos fibers. . . ." has been the subject of considerable discussion and debate as to the meaning or interpretation of "airborne concentrations." 4. Action a. Definition. In 29 CFR 1910.1001(jX2), or (3) or (4), Medical ex aminations, the term ". . . exposed to airborne concentra tions of asbestos fibers...." is administratively interpreted to mean exposed to a minimum of 0.1 asbestos fibers longer than 5 micrometers per cubic centimeter of air, as deter mined by the sampling method prescribed in section 4.c. of this directive. The phrase "fibers longer than 5 micro meters per cubic centimeter of air" shall hereafter be abbre viated as "fibers/cc." b. Scope and applicability. Medical examinations as per 29 CFR 1910.1001(jX2), or (3) or (4) will be required for any 7- to 8-hour timeweighted average concentration of 0.1 fibers/cc, or for a greater concentration. c. Sampling information. (1) Sampling procedures will follow Chapter X of the IHFOM., with the additional guidance of 4.c.(2) and (3) of this directive. (2) Exposure to asbestos dust with low levels of con tamination (e.g., mixed with other minerals). (a) For exposures to dust that is mostly asbestos and is expected to be below the permissible exposure limit, the same filter should be used for the entire shift, but no longer than 8 hours. (b) For exposures expected to be at or above the per missible exposure limit, several samples may be re- Occupational Safety & Health Reporter 36 UCC 017206 USTRIAL HYGIENE PROGRAM DIRECTIVES quired during the shift to avoid overloading the filters. (3) Exposures to asbestos dust with high levels of contamination. (a) Several samples may be required during the shift to avoid overloading the filter. (b) Filters should be changed only after a minimum of 1 hour of sampling time for exposures expected to be dose to 0.1 fibers/cc.'Seven or eight 1-hour samples can be collected during the day. d. Examples oftypes of violations. 5-IJ4 <=" 21:9159 (1) Where an employer does not provide the required medical examinations, and an employee is exposed to 0.1 or more fibers/cc, it would be considered a "serious" violation of 29 CFR 1910.1001(jX2), or(3) or (4). (2) For definitions and guidance on "repeated," "will ful," or a "failure to correct" violation, see the FOM, Chapter VIII. 5, Effective Date This directive is effective immediately and will remain in effect until further notice. 12-21-78 Published by THE BUREAU OF NATIONAL AFFAIRS. INC.. WASHINGTON. D.C. 20037 UCC 017207