Document QL2nEjvJ8J8g3952VzBdVeB8

i , tf I }t . RULES AND- REGULATIONS ' 2J3543 f I rt *5 *7 t 1 TAUS 0-2 . air. as determined by the method pre scribed In paragraph (e) of this section. Material 8-iio*ar ttmt weighted avarac* Aeetptobl* m&zimtmi petlc abort Acceptable tbt acceptable teiilnf concentra* catling * Moo tor an 3-hour afiut. eoneenuwico " ....................... ' ConcentreHan Mextmma dormUon (c) Methods of compliance--(1) En gineering methods. (1) Engmeering con trols. Engineering controls, such as, but not limited to, isolation, enclosure, ex haust ventilation, and dust collection, shall be used to meet the exposure limits Bensen* (ZS* .4-1969). 10 p.p.m. BiryUism end beryllium compound* 2neJHK*. (Z37.29-1970J. Cadmium (ume (Z37^1070)..^..^;-..^^ O.lxng./M* Cadmium dust (Z37.5-1970K...------ ----------- 0.2 mg.,'M*.. Carbon disulfide (Z37.3-1968)................. 3} p.pjn.. Carbon tetrachloride (Z37.17-1907).,.......... 10 p.pjn Ethylenedlbrcmide (Z37J11970)^...;... 20'p,pjn..:. Ethylene dlchlonde (Z37.21-1969).......... 50p.pjn.... Formaldehyde(Z37.16-1G67)........... . 3p.pja.i.=.r^-. 5p.pna....w^ 10p.pjn. Hydrogen fluoride(Z37.23-1969).................do__________________ _________________ Fluoride as dust (Z37 2S-lvo9). ........ ,, 2.5 mg./M*. Lead and Its inorganic compounds (Z37.ll- 0.2mg./M*. 1909). Methyl chloride (Z37.1S-W69)100 p.pjn. , 200 p.pjn... 300 p.pjn.... Methylene chloride (Z37.3-1969)................... 500 p.pjn........ 1,000 p.pjn. 2;000 p.pjn.. Organo (alkyl) mercury (237^0*1969)......... 0.01 mg./M , 0.04 mgJM*... Styrene (237.15-1969)............___ ..__ _ lOQp.pjn..- . 200 p.pjn____ . 600p.pjn..... Trichloroethylene (237.19*1967)2...................do_..........<l0L. Tetrachloroetbylene (Z37^2-1967)*.-.......... -da,,,.,--T--T--da.T . 300 p.pjn.___ ____ ftft -7-_ Toluene (Z37.12-U67)......................... ......... 200 p.pJn. . 300 p.pjn.... Hydrogen sulfide (Z37J-1966)......................................... . 20 p.pjn.--.. , 500 p.pjn.--.. . 60 p.pjn.--., Mercury (Z37.3-1971).................................. Chromic acid and chromate* (Z37.7-1971). . Ting./lOM*.. ___ .do*_____ Do. 5 minutes la any 4 hours. 5 minutes. 5 minutes la any 3 hoar*. 30 minute*. . 5 minutes In any 3 hour*. , 5 minutes In any 2 hours. . 5 minutes In any 3 hours. . 5 minutes In any 2 hours. . I minutes In any 3 hours. , 10 minutes. . 10 minutes once only 11 no other measur able exposure ocean. prescribed In paragraph (b) ol this section. Ill) Local exhaust ventilation, (a) Local exhaust ventilation and dust col lection systems shall be designed, con structed, Installed, and maintained in accordance with the American National Standard Fundamentals Governing the Design and Operation ol Local Exhaust Systems, ANSI Z9.2-1971. which Is in corporated by reference herein. <b) See ! 1910.6 concerning the avail ability of ANSI Z9.2-1971, and the maintenance of a historic file In connec tion therewith. The address of the Amer ican Natnal Standards Institute is given in 5A910.100. Oil) Pamcular tools. All hand-op erated and power-operated tools which may produce or release asbestos fibers in excess of the exposure limits pre scribed in paragraph (b) of this section, such as. but not limited to, saws, scorers, abrasive wheels, and drills, shall be pro vided with local exhaust ventilation sys Tablx G-3--Mxxzbil Dusts Substance * Mppcf Mg/M* Atrodyoamle dlamauc (oalt density pbe) Pereftnt posing Mketor tems In accordance with subdivision (11) of this subparagraph. (2) Work practices--(1) Wei methods. Insofar as practicable, asbestos shall be filtfea: .- Crystalline: * Quarts (respirable)............ . . " * k IQnutfMI* 2* X$ 31 AO in . 90 75 . 50 .33 C handled, mixed, applied, removed; cut; scored, or otherwise worked in s wet state sufficient to prevent the emtsslcn of atrhome fibers in excess of the ex- >fi04WiT^ Quarts (total dust)..--:.................... Crlstoballte: Use )< the alue calculated bum the count or mass formulae lor quarts. Tridymlte: Dse-H the ratoecalculated from the for mulae for quarts. Amorphous, including natural diatomaceous earth--........... . 20 /v*^n 30mg/M* ' - &0mg/M* The measurements under this note refer to the um of an AEG instrument. If the respirable fraction of ooal dost Is determined with a MBS the figure corresponding to that ol 2.4 Mg/M* in the table for coal dust is 4A Mg/31*. 8 I910.93& Aabeatos. , ` (ft) Definitions. For the purpose of this section, (1) "Asbestos" includes chnrsotile, amosite, croddolite, tremo- _. 1 - -11 ..sMiJtt.J (. Tinnn iriinnll fA/ouiU uimiw w. p(U3b7*pfi,, (b) of this section, unless the usefulness of the product would be diminished thereby. (11) Particular products and opera tions. No asbestos cement, mortar, coat-* Ing, grout, plaster, or similar material containing asbestos shall be removed from bags, cartons, or other containers 4 fflStOl- lite, anthophyllite, and actinoUte. fllcates (less than 1% crys-' talilne silica): (2) "Asbestos fibers" means asbestos fibers longer than 5 micrometers. ihca..........^ ' Botpstone.................. Talc (non-esbestos-form)... 20 ' 20 . 20* (h) Permissible exposure to airborne concentrations of asbestos fibers--(1) Taic (fibrous). Use asbestos , . . limit..................-- ' Tremollte (see talc, fibrous) Portland cement..60 Graphite (natural).............. . Coal dust (respirable traction' ` ` ~ * * ' ' leo than 6, SlOi)........... ........... 2.4mg/M* ` Standard effective July 7, 1972. The 8-hour time-weighted average airborne concentrations of asbestos fibers to which, any employee may be exposed shall not exceed five fibers, longer than For more than 1% SlOi.........--............ of 5 micrometers, per cubic centimeter of 10mg/Mi. .air,-as determined by the method pre 3rt et Nuisance Dust: Respirable fraction--......... * Total dust................. * - ftSlOrf* scribed In paragraph <e) of this section. . ' 16 6mg/M* (2> Standard effective July 1, 1976. 60 . lfimg/ii1 The 8-hour time-weighted average air borne concentrations of asbestos fibers Note: Conversion factors-- to which any employee may be exposed oppc/X'W.3-milllon particles per cubic meter shall not exceed two fibers, longer than partlclespercx. Millions of particles per cubic foot of air. based on 5 micrometers, per cubic centimeter of taplnger samples counted by light-field technics. *Jh* percentage of crystalline silica in the formula o the amount determined from slr-borna samples, ex* eept in those instances in which other methods bare been mown to be applicable. air, as determined by the method pre scribed in paragraph <e) of this section. (3) Ceiling concentration. No em i As determined bv the membrane filter method at 4Xphase contrast magnification. ployee shall be exposed at any time to * Both concentration and percent quartz for the appll* eattoD of this limit are to be determined from the fraction airborne cencentrations of asbestos Passing a size-selector with the following characteristics: fibers in excess of 10 fibers, longer than 11 *j^0st*fQlaf < 1% quart*; if > 1% qaartr, use quartz 5 micrometers, per cubic centimeter of in which they are shipped, without being either wetted, or enclosed, or ventilated so as to prevent effectively the release of airborne asbestos fibers in excess of the limits prescribed In paragraph (b) of this section. . (lii) Spraying, demolition, or removal. Employees engaged In the spraying of asbestos, the removal, or demolition of - pipes, structures, or equipment covered or insulated with asbestos, and In. the.. removal or demolition of asbestos. In-, sularion or coverings shall be provided with respiratory equipment In accord ance with paragraph (d) (2) (Hi) of this section and with special clothing in sc- cordance with paragraph (d) (3) of this section. (d> Personal protective equipment-- (1) Compliance with the exposure limits prescribed by paragraph (b) of this sec tion may not be achieved by the use of respirators or shift rotation of em ployees, except: (1) During the time period necessary to install the engineering controls and to Institute the work practices required by paragraph (c) of this section; FEDHAl IEG1STE*, VOL. 39, NO. 125--THUKSOAT, JUNE 27, 1974 10120010 plaintiff? exhibit --g^53__ >:;->44 RULES AND REGULATIONS (ii> la work situations In which the <c) No employee shall be assigned to (2) Personal monitoring--(i) Sam methods prescribed In paragraph (c> of tasks requiring the use of respirators if, ples shall be collected from within the this section are either technically not based upon his most recent examination, breathing zone of the employees, on feastble or feasible to an extent insuffi an examining physician determines that membrane filters of 0.8 micrometer po cient to reduce the airborne concentra the employee will be unable to function rosity mounted in an open-face filter tions of asbestos fibers below the limits normally wearing a respirator, or that holder. Samples shall be taken lor the prescribed by paragraph (b) of this the safety or health of the employee or determination of the 8-hour time- section; or other employees will be Impaired by his weighted average airborne concentra (111) in emergencies. use of a respirator. Such employee shall tions and of the ceiling concentrations of (lv) Where both respirators and per be rotated to another job or given the asbestos fibers. sonnel rotation are allowed by subdivi opportunity to transfer to a different po- (ii) Sampling frequency and patterns. sions (1), (11), or (111) of this subpara sition whose duties he is able to perform After the initial determinations required graph, and both are practicable, person with the same employer, in the same geo by subparagraph (1) of this paragraph, nel rotation shall be preferred and used. graphical area and with the same senior samples shall be of such frequency and (2) Where a respirator is permitted by ity, status, and rate of pay he had just pattern as to represent with reasonable subparagraph (1) of this paragraph, it prior to such transfer, if such a different accuracy the levels of exposure of em shall be selected from among those ap proved by the Bureau of Mines, Depart position is available.' ' (3) Special clothing; The employer ployees. In no case shall the sampling be done at Intervals greater than 6 months ment of the Interior, or the National In shall provide, and require the use of, spe for employees whose exposure to asbestos stitute for Occupational Safety and cial clothing, such as coveralls or similar may reasonably be foreseen to exceed Health, Department of Health, Educa whole body clothing, head coverings, the limits prescribed by paragraph (b) tion, and Welfare, under the provisions of gloves, and foot coverings lor any em of this section. 30 CFR Part 11 (37 FB. 6244, Mar. 25. ployee exposed to airborne concentra (3) Environmental monitoring--(1) 1972), and shall be used In accordance with subdivisions (1), (11), (ill), and (iv) tions of asbestos fibers, which exceed the ceiling level prescribed in paragraph" (b) samples shall be collected from areas of a worfcihvironment which are represent of this subparagraph. of .this section. ' ative of the airborne concentrations of (I) Air purifying respirators. A reusa ble or single use air purifying respirator, or a respirator described In subdivision (11) or (ill) of this subparagraph, shall be used to reduce the concentrations of airborne asbestos fibers in the respirator below the exposure limits prescribed in paragraph (b> of this section, when the celling or the 8-hour time-weighted aver age airborne concentrations of asbestos fibers are reasonably expected to exceed no more than 10 times those limits. (II) Powered.air.purifying respirators. A full facspiccc powered sir purffyirg respirator, or a powered air puntying respirator, or a respirator described In subdivision (111) of this subparagraph, shall be used to reduce the concentra tions of airborne asbestos fibers In the respirator below the exposure limits pre scribed in paragraph (b) of this section, when the ceiling or the 8-hour time- weighted average concentrations, of asbestos fibers are reasonably expected to exceed 10 times, but not 100 times, those limits. (4) Change rooms: (1) At any fixed . asbestos fibers which may reach the place of employment exposed to airborne breaching zone of employees. Samples concentrations of asbestos fibers In ex shall be collected on a membrane filter cess. of.thg. exposure limits prescribed in of 0.8 micrometer porosity mounted in paragraph (b) of this section, the em an open-face filter holder. Samples shall ployer shall provide change rooms for be taken for the determination of the 8- employees working regularly at the place. hour time-weighted average airborne (11) Clothes lockers: The employer concentrations nod of the ceiling con shall provide two separate lockers or con centrations of asbestos fibers. . tainers for each employee, so separated (ii) Sampling frequency and patterns. or isolated as to prevent contamination Alter the initial determinations required- of the employee's street clothes from his by subparagraph (1) of this paragraph, work clothes. samples shall be of such frequency and. (ill) Laundering: (a) Laundering of asbestes contaminated clothing r>?u be done so as to prevent the release of air borne asbestos fibers in excess of the ex posure limits prescribed in paragraph (b) of this section. (b) Any employer who gives asbestoscontaminated clothing to another person for laundering shall Inform such person of the requirement In (a) of this subdi vision to effectively prevent the release of airborne asbestos fibers in excess of the exposure limits prescribed In para pattern as to represent with reasonable ccy who .evcls of exposure of tno employees. In no case shall sampling be at intervals greater than 8 months for employees whose exposures to asbestos may reasonably be foreseen to exceed the exposure.limits prescribed In.para? _ graph (b) of this section. . (4) Employee observation of monitor ing. Affected employees, or their rep resentatives, shall be given a reasonable opportunity to observe any monitoring required bythis paragraph and shall have (ill) Type "C" supplied-air respirators; continuous flow or pressure-demand class. A type "C" continuous flow or pres sure-demand, supplied-air respirator shall be used to reduce the concentrations_.ot airborne.asbestos.fibers in the respirator below the exposure limits pre scribed in paragraph (b) of this section, when the ceiling or. the 8-hour-timer weighted average' airborne concentra tions of asbestos fibers are reasonably expected to exceed 100 times those limits. (lv) EstablishmenVofuresplrator pro gram. la) The employer shall establish a respirator program In accordance with the requirements of the American Na tional Standards Practices for Respira tory Protection, ANSI Z88.2-1259, which Is Incorporated by reference herein. graph (b) of this section. (c) Contaminated clothing shall be transported in sealed impermeable bags, or other closed, impermeable containers, and labeled in accordance with para graph (g) of this section- (e) Method of measurement. All de terminations of airborne concentrations of asbestos fibers shall be made by the membrane filter method at 408-450 X (magnification) (4 millimeter objective) with phase contrast illumination. (f) Monitoring--(1) Initial determi nations. Within 6 months of the publi cation of this section, every employer shall cause every place of employment where asbestos fibers are released to be monitored in such a way as to determine whether every employee's exposure to access to the records thereof.' (g) Caution signs and labels. (1) Cau- . lion signs. (1) Posting. Caution signs shall be provided and displayed at each' location where airborne concentrations of asbestos fibers may be in excess of the exposure limits prescribed in paragraph (b) of this section. Signs shall be posted at such a distance from such a location _ so that an employee mayread-the signs and take necessary protective steps be fore entering the area marked by the signs. Signs shall .be pasted at all ap proaches to areas containing excessive concentrations of airborne asbestos fibers. -. (11) Sign specifications. The warning signs required by subdivision (1) of this subparagraph shall conform to the re quirements of 20" x 14" vertical format (b> See S 1910.6 concerning the avail asbestos fibers is below the limits pre signs specified in $ 1910.145(d) (4), and ability of ANSI Z88.2-1969 and the main scribed in paragraph (b) of this sec to this subdivision. The signs shall dis tenance of an historic file In connection tion. If the limits are exceeded, the em play the following legend in the lower therewith. The address of the American ployer shall Immediately undertake a panel, with letter sizes and styles of a National Standards Institute is given in } 1910.100. compliance program in accordance with paragraph (c) of this section. visibility at least equal to that specified in this subdivision. . 50.1^0011 KDttAL EEGISTC*, VOL. 39, NO. 125--THURSOAT, JUNE 27, 1974 RULES AND REGULATIONS 23545 Legend' Aabeato*_________ DlLrt Hazard...:.________ Avoid Breathing Dust___ Wear Assigned ProtectlT* Equipment. Do Hot Remain in Area Unless Tour Work Re quires It. . Breathing Asbestoc Dust May Be Hazardous To Tour Health. notation X" Sana- Serif. Gothic or Block. %*' Sana Serif, Gothic or Block. ,4" Gothic. 14" Gothic. 14" Gothic. 14 point Gothic. Spacing between lines shall be at least equal to the height of the upper of any two lines. (2) Caution labels--CD Labeling. Cau tion labels shall be affixed to ail raw materials, mixtures, scrap, waste, debris, and other products containing asbestos fibers, or to their containers, except that no label is required where asbestos fibers have been modified by a bonding agent, coating, binder, or other material so that during any reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no airborne concentra tions of asbestos fibers In excess of the exposure limits prescribed in paragraph (b) of this section will be released. (ii) Label specifications. The caution labels required by subdivision (1) of this subparagraph shall be printed in letters of sufficient size and contrast as to be readily visible and legible. The label shall state: CtVTtOlt . Contains Astosstoe Ribera Avoid Ot-ting Dust Breathing Asbestos Dust May Cause Serious Bodily Hann__ (h) Housekeeping--<1) Cleaning. All external surfaces in any place of employ ment shall be maintained free of accu mulations of asbestos fibers if, with their disperslonr there would be an excessive concentration. (2) Waste disposal. Asbestos waste, scrap, debris, bags, containers, equip ment. and asbestos-contaminated cloth ing, consigned for disposal, which may produce in any reasonably-foreseeable use, handling,, storage, processing, dis posal, or transportation airborne concen trations of asbestos fibers in excess ol the exposure limits prescribed in paragraph <b> of this section shall be collected and disposed,of-in sealed-impermeable bags, or other closed, impermeable containers. (1) Recordkeeping--(1) Exposure rec ords. Every employer shall maintain rec ords of any personal or environmental monitoring required by this section. Rec ords shall be maintained for & period of at least-3 years and shall be made avail able upon request to the Assistant Secre tary of Labor for Occupational Safety and Health, the Director of the National Institute for Occupational Safety and Health, and to authorized- representa tives of either. - (2) Employee access. Every employee and former employee shall have reason able access to any record required to be maintained by subparagraph (1) of this paragraph, which indicates the em ployee's own exposure to asbestos fibers. (3) Employee notification. Any em ployee found to have been exposed at any time to airborne concentrations of asbes tos fibers in excess ol the limits pre scribed in paragraph <b) of this section shall be notified in writing of the expo sure as soon as practicable but not later than 5 days of the finding. The employee shall also be timely notified of the cor rective action being taken. (j) Medical examinations--<1) Gen eral. The employer shall provide or make available at his cost, medical examina tions relative to exposure to asbestos re quired by this paragraph. (2) Preplacement. The employer shall provide or make available to each of his employees, within 30 calendar days fol lowing his first employment in an occupation exposed to airborne con centrations of asbestos fibers, a compre hensive medical examination, which shall include, as a minimum, a chest roent genogram (posterior-anterior 14 x 17 Inches), a history to elicit symptom atology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second <FEVt.). (3) Annual examinations. On or be fore January 31, 1973, and at least an nually thereafter, every employer shall provide, or make available, comprehen sive medical examinations to each of his employees engaged in occupations es> posed to airborne concentrations of p&z bestoa fibers. Such annual examination shall include, as a minimum, a cheat roentgenogram (posterior-anterior 14 x 17 inches), a nistavy to elicit symptom atology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second <FEVi.). (4) Termination of employment. The employer shall provide, or make avail able, within 30 calendar days before or after the termination of employment of any employee engaged in an occupation exposed to airborne concentrations of asbestos fibers, a comprehensive medical examination which shall include, as a minimum, a chest roentgenogram (pos terior-anterior 14 x 17 Inches), a history to elicit symptomatology of respiratory disease, and pulmonary function testa to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEVi..). (5) Recent examinations. No medical examination is required of any em ployee, if adequate records show that the employee baa been examined In ac cordance with this paragraph within, the past 1-year period. () Medical record*--(1) Mainte nance. Employers of employees examined pursuant to this paragraph shall cause to be maintained complete and accurate records of all such medical examina tions. Records shall be retained by employers for at least 20 years. (11) Access. The contents of the rec ords of the medical examinations required by this paragraph shall be made available, for inspection and copying. to the Assistant Secretary of Labor for Occupational Safety and Health, the Director of NIOSH, to authorized physi cians and medical consultants of either of them, and, upon the request of an em ployee or former employee, to his physi cian. Any physician who conducts a medical examination required by this paragraph shall furnish to the employer of the examined employee all the infor mation specifically required by this paragraph, and any other medical in formation related to occupational ex posure to asbestos fibers. 1910.93b Coal tar pitch volatiles; in terpretation of term. As used in 1910.93 (Table G-l), coal tar pitch volatiles Include the fused poly cyclic hydrocarbons which volatilize from the distillation residues of coal, petroleum, wood, and other organic mat ter. (Sec. 8(g), 84 Stat. 1800, 2B TJjS.C. 857) 137 FR 247499NOV. 31,1973) 1910.^e 4-NilrobiphenyL () scope and application. (1) This section applies to any area in which 4-Nitroblphenyl, Chemical Abstracts Service Registry Number 92933 Is manu factured, processed, repackaged, re leased, handled, or stored, but shall not apply to trans-shipment in sealed con tainers, except for the labeling require ments under paragraphs (e) (2), (3), and (4) of this section. .(2) This section shall, not apply to solid or liquid mixtures containing less than o.l percent by weight or volume of 4-NltrobiphenyL <u) Definitions. For the PUircscs of this section: (1) "Absolute filter" is one capable ot retaining 99.97 percent of a mono disperse aerosol of 0.3 imt particles. (2) "Authorized employee" means an employee whose duties require him to be in the regulated area and who has been specifically assigned by the employer. (3) "Clean change room" means a room where employees put on clean clothing and/or protective equipment in an environment free of 4-NltroblphenyL The clean change room shall be con tiguous to and have an entry from a shower room, when the shower room facilities are otherwise- required in this section. (4) "Closed system" means an, opera tion involving..4-Nitrobiphenyl~where containment prevents the release of 4- Nltrobiphenyl into regulated areas, non- regulated areas, or the externaLenviron- ment. ` (5) "Decontamination" means the in activation ot 4*Nltrobiphenyl or its safe disposal. () "Director" means the Director, National Institute for Occupational Safety and Health, or any person, di rected by him or the Secretary of Health, Education, and Welfare to act for the Director. ' (7) "Disposal" means the safe re-' moval of 4-Nitroblphenyl from the work environment. (8) "Emergency" means an unforeseen circumstance or set of circumstances re sulting in the release of 4-Nltrobipbenyl FEDERAL REGISTER, VOL 39, NO. 125--THURSDAY, JUKI 27, 1974 50*30012