Document N26BnDkmaROb4xyxgnZ4rbMJR
' Federal Register / Vol. 51. No. 119 / Friday,. June 20, 1986 / Rules and Regulations
22705
lunchrooms is not required if installation XI. Summary and Explanation for a
of engineering controls would only make Revised Standard for the Construction
thejr use necessary for a few months. If Industry .
the time period for meeting any of these startup dates cannot be met because of technical difficulties, any employer is entitled to petition for a temporary
variance under section 6(b)(6)(A) of the Act.
This section discusses the individual provisions of the revised standard for occupational exposure to asbestos in the construction industry: The record . evidence and OSHA's reasons for adopting each requirement in the
These delayed startup dates, however, standard are presented in detail. Section
are only for the new provisions
X of the preamble should also be
contained in the new standard or for the referred to for explanation of the
increased requirements which result
provisons of the standard. .
from the reduction of the PEL from 2 f/cc to 0.2 f/cc. The provisions of the old standard must be maintained on a continuous basis, without any gap, until compliance with the new standard is achieved. For example, employers are given two years to complete engineering and work practice controls to meet the new 0.2 f/cc level. Their obligation to use these types of controls to meet the old 2 f/cc level, which has been in effect for many years, continues without interruption.
18. Paragraph (p/. Appendices.
Eight appendices have.been included in this final standard. Appendices A, C. D, and E arc incorporated as a part of
The revised standard contains a permissible exposure limit (PEL) of 0.2 fiber asbestos per cubic centimeter of
air (0.2 f/cc) measured as an S-hour .. time-weighted average (TWA).
Engineering controls, work practices, and respiratory protection are required where necessary to reach the PEL The
standard becomes effective 30 days from publication in the Federal Register, and all provisions Of the standard are in effect 180 days from the effective date. Because OSHA's existing asbestos standard will continue in effect until the revised standard published today becomes effective, employers are required to continue to comply with the existing standard until that time. For
this standard and impose additional
example, employers are required to
mandatory obligations on covered
maintain employee exposures to levels
employers. Appendices B, F, G. and H
at or below 2 fibers/cc, the existing
are nonmandatory and are included
permissible exposure limit, until the new
primarily to provide information.and
PEL of 0.2 f/cc becomes effective 180
guidance. None pf the statements in
days from the effective date.
Appendices B; F, G, and H should be'
In general, this revised standard is
construed as. establishing a mandatory consistent both with OSHA's former
requirement not otherwise imposed by asbestos standard, adopted in 1972, and
the standard or as detracting from an
with recent OSHA health standards,
obligation which the standard does
such as the arsenic standard (43 FR
impose. ..
19584) and the ethylene oxide standard
Appendix A (mandatory) specifies the , OSHA reference method for analyzing
ajr.samples for asbestos. Appendix B (npnmandatory) is a detailed procedure Toijdsbestos sampling and analysis and is:based on NIOSH Method 7400. Appendix C (mandatory) specifies
qualitative and quantitative fit testing procedures. Appendix D (mandatory)
specifies the medical questionnaire that .
(49 FR 25734). OSHA believes that a similar style and format should be followed from standard to standard to facilitate uniformity of interpretation for similar provisions. This is in accordance with Section 6(b)(5) of the Act, which states that health standards. shall ' also be based on experience gained under thisand other health and safety laws." '
mu8t.be.administered to.all.employees .. Paragraph (a}--Scope andApplication
who are expected to be exposed to asbestos above the action level.
Appendix E (mandatory) specifies the ' requirements for the interpretation and. classification of chest roentgenograms. Appendix F (nonmandatory) provides guidelines for work practices and
The final standard applies to all construction work as defined in 29 CFR 1910.12(b), which states:
The standards prescribed in Part 1926 of this chapterare adopted as occupational safety and health standards under section 6 of the Act and shall apply, according to the
engineering controls for automotive
provisions thereof, to every employment and
brake repair operations. Appendix G provides general technical information
place of employment of every employee engaged In construction work.
on asbestos and Appendix H provides Section 1910.12 defines Construction
medical surveillance'guidelines which
work as "work for construction,
may be supplied to the physician.
alteration, und/orrepair, including
painting and decorating." Paragraph (a) of the revised standard identifies many construction activities likely to involve exposure to asbestos, including: Demolition or salvage of structures where asbestos is present; removal or encapsulation of asbestos-containing products: construction, alteration, repair, maintenance, or renovation of structures, substrates, or portions thereof that contain asbestos; installation of asbestos-containing products; asbestos spill/emergency cleanup operations; and the transportation, disposal, storage, or containment of asbestos or asbestoscontaining products on the 9ite or location where construction work is being performed.
The adoption of a separate standard for occupational exposure to asbestoB in the construction industry was recommended almost unanimously by participants in this rulemaking. For example,'the Building and Construction Trades Department (BCTD) of the AFLCIO presented a number of reasons for a separate standard governing asbestos exposure in the construction industry:
. . . the variable nature of construction
work activities, the lack of a regular
workplace lor many construction employees, the relatively-short tenure or employment on
most pro|ects or for most employers, the generally high rate of employee turnover, the
sequential arrangement of scheduled job
activities on construction projects, the .
outdoor nature of much construction work, the existence of varied weather conditions including wind, rain, cold, heat, and environmental contaminants, frequently small workforces . . . the relationships' between and among construction contractors and (between) contractors and owners, and the frequent change in physical arrangements during construction work due to the installation or removal of permanent systems
which can cause interruption to exposure controls. (Ex. 330)
The appropriateness of promulgating a separate standard for.the substantially different exposure and work conditions in construction and general industry, was supported.by a wide spectrum of rulemaking participants: BCTD, OSHA's Advisory Committee for Construction Safety and Health (CACOSH) the Asbestos Information Association of North America (AIA/NA), and the Associated General Contractors of America (AGC). The standard issued today responds to the need for a separate asbestos standard for construction identified by these, commenters and reflects the record. evidence supporting the Agency's decision to issue a standard, that will be codified in Part 1926 of 29 CFR.
GLEASON-000953