Document Oz0N41My1LDd9dnvk6E8R5aMe

. /. ./ deceived RECEIVED INTERNAL CORRESPONDENCE SEP 20 1984 & B. FETHKE & B UJALSKf UNION CARBIDE CORPORATION OLD ROGEBUv road. DAISIBUPv, CT 06B*7 Tc GOHC (See Attached Distribution) Date September 6, 1984 Loca^ia^ Area HS & EAOriginating Oac^ Araa P2 Coo> zz T. W. Carmody W. E. Chambers C. E. Eley XC: DSM(a/on**' ..3AM \w' " OSHA SPECIAL EMPHASIS PROGRAM FOR ASBESTOS, DATED JULY 23, 1984 REFERENCE: R3 Letter to GOHC Dated November 16, 1983 ~b t~ A* The attached National Emphasis Program (NEP) defines the OSHA Special Emphasis Inspection Program for Asbestos which replaces the one I sent you last November. As communicated earlier, OSHA, under a consultation agreement with EPA,< has been handling asbestos under EPA referrals (OSHA Notice CPL 2 and CPL 2.60). This new directive (CPL 2.60A) defines OSHA's internal asbestos ^^.TSVL inspections. It states that each Area Director will schedule a total of J 10 asbestos NEP inspections for each Area/District Office for General \ V Industry this fiscal year. It also high!ights construction sites and^^S' maritime sites. These inspections are in addition to the EPA referrals. } W-K. wc. OSHA Is notorious for not meeting their objectives and schedules, but it Is obvious that OSHA inspections for asbestos exposure will Increase. \\ ^\ RRR/pob Attachment (.< ^ R.' `RTTfanFTri-------------------------- >5 AIH3CC' l \N^ UCC 010472 DECEIVED INTERNAL CORRESPONDENCE SEP 20 1984 W. E FETHKE UNION CARBIDE CORPORATION old bidgebupy road, oambup^. ct q6s-7 Tc Nia^e! O'ViS'C'1 LCC0-O** Area GOHC (See Attached Distribution) Coo1, tc T. W. Carmody W. E. Chambers C. E. Eley K: DkM CTAkj September 6, 1984 Or.gmati'-vg Dept HS & EA P2 OSHA SPECIAL EMPHASIS PROGRAM FOR ASBESTOS, DATED JULY 23, 1984 REFERENCE: R3 Letter to GOHC Dated November 16, 1983 cJtvJc^ -icK dL-J? -cl^T JL3, '* The attached National Emphasis Program (NEP) defines the OSHA Special Emphasis Inspection Program for Asbestos which replaces the one I sent you last November. oAuaWv *' '' ' As communicated earlier, OSHA, under a consultation agreement with EPA, \ Av&ft has been handling asbestos under EPA referrals (OSHA Notice CPL 2 and * ' 1 CPL 2.60). ^VA ^ This new directive (CPL 2.60A) defines OSHA's internal asbestos .-fa inspections. It states that each Area Director will schedule a total of j 'i 10 asbestos NEP inspections for each Area/District Office for General \ \ ^ Industry this fiscal year. It also'highlights construction sites andyT^*^ maritime sites. These inspections are in addition to the EPA referrals. ' w- ^ a- OSHA is notorious for not meeting their objectives and schedules, but it is obvious that OSHA inspections for asbestos exposure will increase. RRR/pob Attachment R. R. Rankin A 04 30 1 --,,5W^ JJ , . L'. 6 aj > UCC 010473 U S. Department of Labor Assistant Secretary for Occupational Safety and Health Washington. D.C. 20210 OSHA Instruction CPL 2.60A OfWe* Industry Compliance Assistance Subject: Special Emphasis Inspection Program for Asbestos A. Purpose. This instruction revises the current National Em phasis Program (NEP) for programmed health inspections of establishments where asbestos is used, stored or processed. B. Scope. This instruction applies OSHA-wide. C. Cancellation. OSHA Instruction CPL 2.60, October 1, 1983, is canceled. D. Action. Regional Administrators and Area Directors shall ensure that the procedures established in this instruction are adhered to in scheduling programmed inspections. E. Federal Program Change. This instruction describes a Fed eral program change which affects State programs. Each Re gional Administrator shall: 1. Ensure that this change is promptly forwarded to each State designee. 2. Explain the technical content of this change to the State as requested. 3. Ensure that State designees are asked to acknowledge receipt of this Federal program change in writing within 30 days of notification to the Regional Admin istrator. This acknowledgment should include a de scription either of the State's plan to implement the change or of the reasons why the change should not ap ply to that State. 4. Review policies, instructions and guidelines issued by the State to determine if this change has been com municated to State program personnel. Routine moni toring activities shall also be used to determine if this change has been implemented in actual performance. *0430;' UCC 010474 OSHA Instruction CPL 2.60A JUL 23 1984 Office of General Industry Compliance Assistance P. Background. Workers exposed to airborne asbestos in their workplaces face a significant danger of developing the dis abling diseases of asbestosis, lung cancer and mesothelioma. The diseases caused by asbestos constitute the highest level of health risk for American asbestos workers. 1. While malignant mesothelioma of the pleura and perito neum are extremely rare in persons not exposed to as bestos, scientific studies have shown that'in some as bestos-exposed occupational groups, mesothelioma has accounted for 10-18 percent of all asbestos-related deaths. This form of cancer is incurable and is usu ally fatal within a year after diagnosis. In addi tion, cancers of several other types have been asso ciated with exposure to asbestos. 2. Considerable public attention has been focused on the dangers of asbestos and 05HA is continuing its work on a permanent asbestos standard. 3. OSHA has conducted a NEP in asbestos since October 1, 1983. OSHA has decided to continue its compliance presence in industries where the greatest exposure to asbestos is most likely to be present. This NS? will attempt to concentrate available resources on those industries. 4. The program has been based on a list of Industries with a previous history of violations'of the asbestos standard. The assumption was that industries cited for past asbestos exposures would be the most likely tar gets for potential present overexposures. Experience now shows, however, that this procedure was not effec tive in identifying the potential overexposures to as bestos as the agency had assumed. Consequently, lists will now be developed on the basis of local knowledge. 5. The procedures are also strengthened for scheduling Inspections in the construction and maritime indus tries. All worksites where asbestos is used, stored or processed, regardless of the manner in which they come to the attention of the Area Director, shall be scheduled for inspection. G. Procedures. Regional Administrators shall ensure that each Area Director develops an asbestos establishment list made 2 UCC 010475 A04303 OSHA Instruction CPL 2.60A JUL 231984 Office of General Industry Compliance Assistance^ up of all establishments identified as tosing/ storing or processing asbestos. To develop that rlst the Area Direc tor shall use whatever sources of information that are available to the degree that they are reliable. Examples of such sources are local knowledge, past inspection re ports, trade journals or newspapers, and local media re ports irrespective of whether or not a violation is alleged or indicated. 1. Adjustments. Prior to using the Asbestos Establish ment List for scheduling purposes, additions and dele tions shall be made as necessary or appropriate in ac cordance with the guidelines given in the FOM, Chapter II, E.2.b.(1}(b) 4. NOTE: As soon as it becomes clear that asbestos is not found at an establishment on the list, the establishment shall be deleted, even if it has already been scheduled for inspection. 2. Scheduling Inspections in General Industry. Area Di rectors shall ensure that the guidelines given in the FOM, Chapter II, E.2.b.(4), are followed in scheduling inspections at these establishments. a. After the asbestos establishment list has been prepared and adjusted, as necessary, establish ments on the list shall be numbered consecutive ly beginning with the number 1, skipping any de letions. ' b. The Area Director shall schedule for each Area/ District Office a total of 10 asbestos NEP in spections for the fiscal year. The establish ments shall be selected as follows: ' (1) Apply the random number table to the estab lishment list prepared according to G.2.b. (Instructions for using a random number table are provided in OSHA Instruction CPL 2.25D, Appendix E.) (2) Select establishments in the order pre scribed by the random numbers until a total of 10 establishments has been selected from the list AU430 3 UCC 010476 05HA Instruction CPL 2.60A JUL 23 1984 Office of General Industry Compliance Assistance c* If there are 10 or fewer establishments on the Area/District Office Establishment List, the ran dom number table is not used and all listed es tablishments shall be scheduled for inspection. d. Establishments selected for Inspection may be scheduled in any order that makes efficient use of available resources. e. All Inspections scheduled under the procedures in G.a. through d. shall be conducted even if they must be carried over into the next fiscal year. f. Except as noted in the following paragraph, if an inspection cannot be conducted for any legiti mate reason, the Area Director shall select the next establishment prescribed by the random num ber table for inspection. This process shall be repeated as often as necessary until the required number of inspections has been completed or until the fiscal year ends. g. When an inspection is not conducted because the employer has refused entry, a warrant shall be sought in accordance with the current procedure for handling such refusals. Only if the court refuses to issue a warrant or if the Regional ' Solicitor declines to apply for a warrant, is such an establishment to be replaced as indicated in G.2.f. h. Inspections conducted under this NEP normally shall be limited to areas within the establish ment where asbestos is or may be used, stored, or processed. i. If it is not discovered until the CSHO arrives on the site that the establishment is not using asbestos and none is to be found on the premises, the inspection shall be terminated immediately and the OSHA-1 Form completed according to in structions given in J. Such terminated inspec tions need not be replaced as one of the 10 re quired inspections. 4 UCC 010477 AU430^ OSBA Instruction CPL 2.60A JUL 231964 Office of General Industry Compliance Assistance j. If an establishment selected for inspection under the NEP also appears on the General Industry Health Inspection Register* it shall be removed from the list of establishments scheduled for inspection under the NEP and replaced according to the proce dures in G.2.f. k. Unprogrammed inspections and inspections scheduled from the general Industry health inspection regis ter which are conducted at sites where asbestos is present shall be coded as NEP inspections in ac cordance with the guidelines given in J.l.b. even though they have no effect on the manner of select ing programmed NEP inspections or on the number of such inspections to be conducted. Inspections of Construction Sites. OSHA experience has shown that certain construction and demolition activities typically involve potential exposure to asbestos fibers. The following procedures outline the action to be taken by the Area Direc tor to discover and to handle activities where asbestos is likely to be present: NOTE: Referrals from the Environmental Protection Agency (EPA) are not Included in the NEP described in this instruction until such time as the OSHA Notice CPL 2, April 1, 1984, expires and is not renewed. 1. The Area Director shall use any appropriate means with in his/her disposal to determine when construction and demolition activities potentially involving asbestos are taking place. . 2. All CSHOs shall be alert for construction or demolition activities where asbestos may be present. a. Such activities shall be reported to the supervisor for evaluation as soon as the CSHO becomes aware of them. b. If the CSHO is on a site where asbestos is present, the activity involving asbestos shall be evaluated by the inspecting CSHO and brought immediately to the supervisor's attention. If the supervisor judges it appropriate, a health Inspection shall be scheduled. 5 UCC 010478 ^4-30 OSHA Instruction CPL 2.60A JUL 231984 Office of General Industry Compliance Assistance 3. Any construction or demolition activity involving the possible presence of asbestos that come6 to the atten tion of the Area Director shall be treated in the fol lowing manner: a. The Area Director and the health supervisor shall mate a reasonable effort to determine if there is any possibility of employee exposure to asbestos as a result of the construction or demolition ac tivity. b. If employee exposure to asbestos is possible* an inspection shall be scheduled in accordance with the following guidelines: (1) Any construction or demolition activity dis covered under H.2.b* shall be treated as a CSHO referral, evaluated, assigned the proper inspection priority, and scheduled for inspec tion in accordance with the FOM, Chapter IX, B.3. and Chapter II, E.l.a. (2) Reports of imminent danger, fatality/catastro phe investigations, formal complaints, refer rals from safety and health agencies and media reports, any of which involve the possible presence of asbestos, shall be assigned a pri ority as indicated in the FOM, Chapter II, E.l.a, and handled in accordance with Chapters VII, VIII, and IX, as appropriate. (3) Construction or demolition activities involv ing the possible presence of asbestos discov ered in any other fashion (e.g., nonformal complaints, other government agency referrals, news photographs or any other report), however such reports may be classified and regardless of whether or not a violation is identified or alleged, shall be handled as programmed construction inspections under the NEP. All such worksites discovered shall be assigned the highest priority among programmed inspec tions and scheduled for inspection as soon as practicable. NOTE: Nonformal complaints and other notices of hazards that would not normally receive an A CM 3 0 7 6 UCC 010479 OSHA Instruction CPL 2.60A JJL 23 084 , ^ Office of General Industry Compliance Assistance inspection shall be recorded on the OSHA-1 and other appropriate forms (OSHA-7 and OSHA-90) in the usual manner according to the instructions given in the IMIS Forms Manual. 4. Construction health inspections scheduled under this NEP generally shall be limited to those areas at the site where asbestos is or may be used, stored, removed or otherwise found. 5. If it Is not discovered until the CSHO arrives on the site that none of the employers are dealing with asbes tos and none is present on the premises, the inspection shall be terminated immediately and the OSHA-1 Form com pleted according to instructions given in J. Inspections of Maritime Sites. Past experience has indicated that shipbreaking'and'repair operations frequently involve employee exposure to asbestos. The following procedures out line the action to be taken by the Area Director to discover and to handle activities where asbestos is likely to be pres ent: 1. The Area Director shall use any appropriate means to de terraine when shipbreaking or repair operations poten tially involving asbestos are taking place. 2. All CSHOs shall be alert to the existence of maritime activities where asbestos may be present. a. Such activities shall be reported to the supervisor for evaluation as soon as the CSHO becomes aware of them. b. If the CSHO is on a site where asbestos is present, the activity involving asbestos shall be evaluated by the inspecting CSHO and brought immediately to the supervisor's attention. If the supervisor judges it appropriate, a health inspection shall be scheduled. 3. Any maritime operation Involving possible presence of asbestos that comes to the attention of the Area Direc tor shall be treated in the following manner: 7 UCC 010480 jx 0 4 3 0 f > OSHA Instruction CPL 2.60A JUL 231984 Office of General Industry Compliance Assistance a. The Area Director and the health supervisor shall alee a reasonable effort to deteraine if there is a possibility of employee exposure to asbestos as a result of the aaritime (scrapping (salvage) or repair) operation. b. If employee exposure to asbestos is possible, an inspection shall be scheduled in accordance with the following guidelines: (1) Any shipyard activity discovered under I.2.b. shall be treated as a CSHO referral, evaluated assigned the proper inspection priority, and scheduled for inspection in accordance with the FOM, Chapter IX, B.3. and Chapter II, E.l.a. (2) Reports of imminent danger, fatality/catastro phe investigations, formal complaints, refer rals from safety and health agencies and media reports, any of which Involve the possible presence of asbestos, shall be assigned a pri ority as Indicated in the FOM, Chapter II, E.l.a, and handled in accordance with Chapters VII, VIII, and IX, as appropriate. (3) Shipyard activities involving the possible presence of asbestos discovered in any other fashion (e.g., nonformal complaints, other government agency referrals, news photographs or any other report), however such reports may be classified and regardless of whether or not a violation is identified or alleged, shall be handled as programmed construction inspec tions under the NEP. All such worksites dis covered shall be assigned the highest priority among programmed inspections and scheduled for inspection as soon as practicable. NOTE: Nonformal complaints and other notices of hazards that would not normally receive an inspection shall be recorded on the 05HA-1 and other appropriate forms (OSHA-7 and OSHA-90) In the usual manner according to the Instructions given in the IMIS Forms Manual. 0k 8 UCC 010481 OSHA Instruction CPL 2.60A JUL 231964 Office of General Industry Compliance Assistance 4. Maritime (shipyard) health inspections scheduled under this HEP generally shall be limited to those areas at the site where asbestos is or may he used, stored, or found. 5. If it is not discovered until the CSHO arrives on the site that the operation does not involve using asbestos and none is to be found on the premises, the inspection shall be terminated immediately and the OSHA-1 Form com pleted according to instructions given in J. Recording in IMIS. The following guidelines shall be applied when recording inspections conducted under this NEP or other inspections where asbestos is found: 1. Current instructions for completing the appropriate in spection classification boxes (Item 25} on the OSHA-1, Inspection Report, as found in the IMIS Manual shall be followed for inspections under this NEP. a. The OSHA-1 for any programmed inspection scheduled under the National Emphasis Program for Asbestos shall be marked "Planned" (Item 24h.) and National Emphasis Program (Item 25d.) Record "ASBESTOS" in the space in Item 25d. b. The OSHA-1 for any programmed inspection scheduled from the health inspection register but where as bestos is found shall be marked "Planned" (Item 24h.), "Health Planning Guide" (Item 25b. as appro priate) and National Emphasis Program (Item 25d.) Record "ASBESTOS" in the space in Item 25d. c. The OSHA-1 for any unprogrammed inspection (even if handled as a programmed inspection in accordance with H.3.b.(3) or I.3.b.(3}) conducted under the National Emphasis Program for Asbestos shall be marked as unprogrammed (Item 24 a. through g., as appropriate). In addition it shall be marked Na tional Emphasis Program (Item 25d.) Record "ASBES TOS" in the space in Item 25d. 2. Where it is discovered upon arrival at a worksite sched uled for an NEP - Asbestos inspection that asbestos is in fact not used, stored or found, the OSHA-1 shall be UCC 010482 AU4-3 i c OSHA Ip itruction CPL 2.60A JUL 23 1984 Office of General Industry Compliance Assistance completed, nevertheless, as indicated in J.l, in addi tion, bowover, the CSHO shall mark Optional Information (Item 42} as follows: Type N, ID - 7, Value - HOAZ. Patrick R. Tyson Deputy Assistant Secretary DISTRIBUTION: National, Regional and Area Offices All Compliance Officers State Designees NIOSH Regional Program Directors 7(c)(1) Project Managers 4i 10 UCC 010483 A04 t i To: General Occupational Health Committee N. M. Albertson - Corporate Benefit Plans - Danbury B3-158 B. L. Barton - Electrode Systems Division - Parma - Loc. 742 N. E. Bolton - Linde - Danbury R-4651 R. L. Bujalski - Tarrytown - Loc. 323 J. M. Cleverdon - Catalysts & Process Systems Division - Danbury - Q1633 T. L. Collins - Engineering & Technology Services - S. Charleston - Loc. 511 R. W. Cope - HS&EA - Danbury - P2608 V. D. Dutcher - OCAR Emulsion Systems - 410 Gregson Drive - Cary, NC 27511 T. A. Gagner - Home & Automotive - East Hartford - Loc. 329 N. W. Gaines - HS&EA - Danbury - P-2606 W. F. Gorham - Specialty Chemicals Division - Bound Brook - Bldg 200 D. A. Gosselin - Silicone & Urethane Intermediates - So. Chas. - 511 J. P. Gracie - UCCL Toronto - Loc. 440 R. E. Graebert - Polyolefins - So. Charleston - Loc. 511 T. J. Hall - UC Europe/South Africa - Danbury P-4624 A. J. Hart - Medical & Industrial Services, Indianapolis, IN S. E. Hine -Films & Packaging - Chicago - Loc. 358 E. K. Jensen- Linde - Danbury - R4656 V. H. Johnkoski - Ethylene Oxide/Glycol - So. Chas. - Loc. 511 R. P. Lawlor - Law Department - Danbury - E-2282 R. M. Lawton - UCC Canada - Toronto - Loc 440 J. A. Leonard - Agricultural Products Co. Inc. - Loc. 985 D. Liebeskind - Silicone & Urethane Intermediates - Danbury - L-1494 T. A. Lincoln - HS&EA - Danbury - P-2594 W. H. Long -Carbon Products - Parma - Loc. 742 ' D. E. MacNab- UC Pan America, Inc., Danbury - P - 4 R. F. McClurg - UC Africa & Mid East - Danbury - P-4612 D. Pearson - Safety & Health - Rickmansworth, England R. E. Plevan - Specialty Polymers and Composites - Danbury - M-1548 R. R. Rankin - HS&EA - Danbury - P-2605 H. B. Rhodes - Metals Division - Grand Junction, CO 81502 - P.O. 1029 - Loc. 250 J. F. Rooney - Battery Products - Rocky River - Loc. 781 H. D. Smilie - Electronics Division - Greenville, S.C. E. D. Southard - Specialty Chemicals - Bldg. 98-208 - Bound Brook, NJ J. L. Stahl - Union Carbide Eastern, Inc. - Hong Kong W. R. van der Hoeven - Ethylene Oxide/Glycol - Danbury - M-3536 R. Van Mynen - HS&EA - Danbury - P-2607 K. W. Weinzheimer - UC Southern Africa - Johannesburg - loc. 4435 R. C. Wise - Solvents & Coatings Materials - Danbury - K-3 B. L. White - Law Department - Danbury - E-2281 cc: R. G. Hanlon - HS&EA - Danbury - P-2622 W. C. Kuryla - HS&EA - Danbury - P2 H. C. Lewinsohn - HS&EA - Danbury - P-2 O. P. Mukheja - HS&EA - Danbury - P-2 1529B 8/3/84 JMC UCC 010484 A043 ; 2