Document RJ1G3MOGD680DenD07pqj0njn

FILE NAME Allied Signal Bendix ASB DATE 1972 DOC ASB119 DOCUMENT DESCRIPTION OSHA Asbestos Regulations Mowe: wl 11318 RULES AND REGULATIONS T.D. 72 163 PART ARTICLES CONDITIONALLY EE SUBJECT TO A REDUCED .TE ETC. Free Withdrawal of Supplies and Equipment for Aircraft tions for an Occupational Exposure Standard for Asbestos by the National Institute for Occupational Safety and Health NIOSH Public notice was given of the receipt of the recommendations and their availability for inspection and copying On or about February 25 1972 the Advisory Committee on Asbestos Dust exposure to asbestos fibers and the appearance of adverse biological manifes- tations such as asbestosis lung cancers and mesothelioma have given rise to controversy as to the validity of the measuring techniques used and the rellability of the relations attempted to bo established Because of the long lapso In accordance with section 309 Tariff Act of 1930 as amended 19 U.S.C. 1309 the Department of Commerce has found and under date of April 25 1972 has advised the Treasury Depart- ment that Poland allows privileges to aircraft registered in the United States and engaged in foreign trade substantially reciprocal to those provided for in sections 309 and 317 of the Tariff Act of submitted its written recommendations to the Assistant Secretary of Labor for Occupational Safety and Health | Pursuant to the notice of rule making a hearing was held on March 14 through 1972 for the purpose of receiving oral data views and arguments concerning the proposed standard On or about March 31 1972 the presiding hearing examiner certified to the Assistant Secre- of time between onset of exposure and biological manifestations we have now evidence of the consequences of exposure but we do not have in general accurato measures of the levels of exposure occurring 20 or 30 years ago which have given rise to these consequences Thero are also controversies concerning the relative toxicity of the various kinds of asbestos and varying hazards in dlf- 1930 as amended 19 U.S.C. 1309 1317 The same privileges are therefore hereby extended to aircraft registeredin Poland and engaged in foreign trade effective as of the date of such notification Accordingly paragraph f of 10.59 customs regulations is amended by the insertion of Poland in appropriate alphabetical order and the number of this Treasury decision in the opposite col- umn headed Treasury Decision in the list of nations in that paragraph Secs 309 317 624 46 Stat 690 as amended 6961624 as amended 759 19 U.S.C. 1309 1317 SEAL EDWIN F. RAINS Acting Commissioner of Customs tary of Labor for Occupational Safety and Health the record of the proceeding The record includes prehearing written comments a transcript of the oral pres- entations made at the hearing and nu- merous exhibits received during the courseof the hearingor within the pe- allowed riod hearing after the close of the The proposed standard dealt with 1 permissible concentrations of asbestos Albers 2 methods of compliance 3 warning signs 4 monitoring 5 med- ical examinations and 6 recordkeep- ing Each of these major proposals elic- ited comments arguments objections and counterproposals They all have been examined and considered ferent workplaces It is fair to say that the controversy has centered in the area between a two- fiber TWA concentration and fiber TWA concentration with variations on the time needed for compliance Many employers support a fiber TWA Most medical opinion is divided between a fiber standard and a flber standard In view of the undisputed grave consequences from exposure to asbestos fibers it is essential that the exposure be regulated now on the basis of the best evidence available now even though it may not be as good as solentifically desirable An asbestos standard can be re- evaluated in the light of the results of Approved May 25 1972. EUGENE T. ROSSIDES Assistant Secretary of the Treasury wr Doc.72-8578 Flled 6-6-72 am 1. Acceptable concentrations of asbes- tos dust The proposed standard would limit occupational exposure to hour weighted TWA airborne concentrations of asbestos dust not ex- ceeding five fibers longer than five micrometers per milliliter Concentrations above five fibers but not to exceed ongoing studies and future studies but cannot wait for them Lives of employees are at stake It is concluded that there should bo one minimum standard of exposure to asbestos applicable to all workplaces exposed to any kind or mixture of kinds of asbestos Reasons of practical ad- Title LABOR 10 fibers ceiling concentration would be permitted up to 15 minutes in an hour ministration preclude a variety of standards for different kinds of asbestos and Chapter Occupational Safety * and Health Administration Depart- .ment of Labor . - but for not more than 5 hours in any one hour day NIOSH in effect has recommended that the fiber TWA and fiber of workplaces Also while the evidence tends to show that crocidollte for instance is more harmful than chrysotile the evidence is not sufficient to establish PART OCCUPATIONAL SAFETY AND HEALTH STANDARDS peak concentrations be permitted only separate standards for for 2 years thereafter TWA conc^'ntra- asbestos tions should be not more than 2 fibers Because there must be varieties of one standard Standard for Exposure to Asbestos Dust On December 7 1971 an emergency temporary standard concerning exposure per cubic centimeter cmcm of air and peak concentrations should not exceed 10 fibers with no time restriction Numerous objections and counterproposals have been made with regard to governing exposure to all varieties of asbestos and in workplaces apparently more hazardous than others because some present employees with regular ex- posure to asbestos have probably al- to asbestos fibers was published in the both the limits of asbestos fiber concen- ready accumulated great doses of asbes- FEDERAL REGISTER 36 F.R. 23207 In accordance with section c 3 of the Wil- trations and the time periods to comply with them Some for example have rec- tos fibers due to higher levels of exposure in the past because it appears Steiger Occuptalonal Safety and Health Act of 1970 a notice of proposed rulemaking regarding a permanent standard for exposure to asbestos fibers ommended return to fiber standard of an earlier day ie a level adopted under the Healey Public Contracts Act in 1969. Others have recom- that levels of exposure which may be safe with regard to asbestosis are not safe with regard to mesothelioma because the statute requires the protection was published in the FEDERAL REGISTER on January 12 1972 37 F.R. 466 The notice invited interested persons to submit both orally and in writing data views and arguments concerning the proposal mended a fiber standard to become effective in6 months then a fiber standard for 2 years and finally a zero- fiber standard after 3 years These rec- ommendations give a fair indication of of every employee even of one who may have regular exposure to asbestos during a working life which may reach or even exceed 40 years and because of several other considerations which have been On or about January 24 1972 the Ad- the wide spread of the counterproposals urged and are reflected in the record of visory Committee on Asbestos Dust was No one has disputed that exposure to the proceeding the conflict in the medi- established and requested to make written recommendations with regard to the asbestos of high enough intensity and long enough durationis causally related cal ^'videnceis resolved in favor of the health of employees As of July 1 1976 proposed standard on asbestos On or to asbestosis and cancers The dispute is TWA concentrations of asbestos flb^,rs about February 1 1972 the Department as to the determination of a specific level Education of Health and Welfare trans- below which exposure is safe Various to the Secretary of Labor a cri- studies attempting to establish quantita- longer than 5 micrometers will not bo allowed to exceed two fibers with n ceiling value of 10 fibers The current document containing Recommende- tive relations between specific levels of TWA concentrations of five fibers and FEDERAL REGISTER VOL 37 NO WEDNESDAY JUNE 7 1972 cy 4 r Hw136Hw4136040 Hw13640 RULES AND REGULATIONS 11319 ceiling concentrations of 10 fibers will be permitted until July 1 1976 dur- ing what will be a transitional period . deemed necessary to allow employers to make the needed changes for coming into compliance with the more stringent standard The record shows that the many work operations subject to the single asbestos standard textile manufacturing industrial and marine installation etc. will meet varying degrees of difficulty in complying with the standard In some plants extensive redesign and relocation of equipment may be needed It appears however the delay in the effective date of the fiber standard will pro- vide all employers a reasonable time to comply At the same time so long as the ceiling limit is complied with no harm is reasonably expected to result from exposures during the transitional period 2. Methods of compliance It has been pointed out by many persons that protection against asbestos fibers is best obtained by controlling the generation of fibers first and secondly by controlling the dispersion of released fibers into the ambient air of the workplaces Therefore the standard requires feasible technological controls and appropriate work practices as the primary means of compliance Rotation of employees as a way of meeting the TWA concentration re- quirement is allowed only in stated ex- ceptional circumstances because as a general rule it would be difficult to implement Personal protective equipment such as respirators cannot be relied upon because among other reasons they may be so uncomfortable as to be burdensome except for short periods of time Therefore it is expected that respirators and shift rotation will be used gineering during the period necessary to install encontrols and to train employees in sound work practices but after technological compliance has been achieved their use must be limited to special work situations and emergencies Where both are practicable shift rota- . tion is required 3. Labeling The proposed standard stopped short of requiring labeling asbestos and containing products The proposed standard would have required only warning signs at locations where asbestos hazards are present However labeling rather than warning signs has proved to be a point of controversy Both NIOSH and the Advisory Committee on Asbestos Dust recom- mended labels for asbestos products and containers and these recommendations became very controversialin the course of the proceeding Many counterproproposals have been made as to the language of the warning as well as to the products to be subject to the labeling requirements Employers in general strongly contend that 1 finished products which effectively entrap asbestos fibers so that these would not be released in the normal use of the products should not be required to be labeled and 2 words such as danger and cancer are unwarrantedly alarming Both contentions have merit and the standard has been changed accordingly 4. Monitoring The proposed standard would have required personal monitor ing and environmental monitoring Many Issues have been raised concerning the availability and reliability of measuring instruments frequency of moni- toring and conditions in which monitor ing should be required The adopted standard takes the objections into consideration It requires periodic monitor- ing at intervals no longer than 6 months thus allowing considerable time and discretion and prescribes the use of the membrane filter method whicihs an ac- ceptable method for determination of asbestos fibers It has also been recommended that employees or their representatives should have an opportunity to observe the monitoring The recommendation has been accepted 5. Medical examinations The pro- posed standard would only require an appropriate medical examination on a periodic basis The generality of the proposal has attracted many objections and also many helpful comments The recommendations of NIOSH and of the Adyl- sory Committee on Asbestos Dust were much more specific with respect to both frequency and type of medical examina- tions to be required The comments vary as to the class of employees to be examined and as to the frequency of the examinations The adopted standard requires medical examinations both at the beginning and the termination of employments exposed to concentrations of asbestos fibers and also requires annual medical examinations of every employee exposed to airborne concentrations of asbestos It has been pointed out that in certain indus- tries such as construction an employee may work for several employers during the same year Accordingly the standard does not require either preemployment or termination or periodic examinaton of any employee who has been examined in accordance with the standard within the past year One question which has been raised goes to whether the employer or the employee should be allowed to choose the examining physician The standard gives the option to the employer Slace some employers already have a medical examination program in operation and also have medical departments with some expertise in the diagnosis of abesrelated diseases it seems more reasonable to permit them to utilize the present programs and expertise than to permit an employee to choose a private general practitioner 6. Records The standard as proposed and as adopted requires maintenance of records of monitoring and of medical examinations Most of the controversiyn this area has revolved around the question whether an employer should be allowed to have access to the results of the required medical examinations The apprehension of those who have argued against employer access is based on the expectation that some employewrilsl use the medical examinations as a means of screening employment applicants and worse as grounds for discharging current employees who show signs of being affected by exposure to asbestos Since the purpose of the medical examinations is to monitor the health of employees exposed to the hazards of abestos employees cannot in reason be granted the privilege of refusing to disclose to their employers results of occupational exposure It does not make sense to require employers to provide medical examinations if they cannot know and use the results of the examinations For these reasons the standard provides that employers may have a restricted access to some medical information On the other hand thereis no inten- tion to allow employers to abuse medical information obtained pursuant to the Act to the detriment of employees Therefore the administration of the medical records requirement will be closely watched and in cases of abuse appropriate action will be considered The issues discussed above are believed to be the major ones Numerous other is- sues have been raised in the rulemaking proceedings Some have been referred to incidentally Many recommendations for instance about work practices are so obviously meritorious that their adoption needs no exposition here Other recommendations and many objections have been adopted for a variety of reasons which should be manifest Several for instance have recommended the use of respirators only pursuant to a variance or in cases of emergency and occasional short exposures The recommendation with respect to vari- ances undoubtedly has many merits but is considered administratively im- practical Accordingly after consideration of the whole record of the proceeding and pursuant to sections 6 b and c and c of the Williams OccupaHional Safety and Health Act of 1970 84 Stat 1593 1596 1599 29 U.S.C. 655 657 29 CFR 1910.4 and to Secretary of Labor's Order No. 12-71 36 F.R. 8754 Part 1910 of Title 29 of the Code of Fed- eral Regulations is amended as set forth below 1 Section 1910.93 is amended by re- vising Table G to read follows FEDERAL REGISTER VOL 37 NO WEDNESDAY JUNE 7 1972  11320 RULES AND REGULATIONS 1910.93 Air contaminants a e * * TABLE Mineral DustS Substanco Mppet Mg Sllleas Crystalline Quartz respicable 20 = 10mg= Quartz total dust eee Cristobalite Uso the value calculated from the count or mass formulas for calculated Tridymite Use the the value from the for- Amodriapthoomuasceoufsricluding for natural Amorphous fricluding fricluding earth 2. 81801202 20 S0mg 7610 Billcates less than % crys- talline silica Mica 88889 Soapstone 88889 88889 Portland 88889 Graphito natural mann 88889 Coot dust respirablo less than % 810 For more than % 810 2.or 4mg 10m g Dust InIneertrt or NuisancNouisanco Dust or Dust . fraction Respirablo Total ... ... noe 810 5mg 15mg NOTE Conversion factors mppetX35.3 particles per cubic meter particles per c.c. Millions of particles per cuble foot of air based on impinger samples counted by light technics The percentage of crystalline silica in the formula is the amount determined from borne samples except in those instances in which other methods have been shown to be applicable filter is determined by the membrane filter method at phaso contrast magnification 1th constutration and percent quartz for the ation of this limit are to be determined from v. raction passing a selector with the following characteristics Aerodynamic diameter unit density sphere Percent passing selector 2 22830 2.5 22830 3.6 22830 50 22830 10 22830 The measurements under this note refer to the use of on AEC Instrument If the respirable fraction of coal dust is determined with a MRE the figure conresponding that of 2.4 M in the table for coal dust is 1.6 N 2. A new 1910.93a is added to Part 1910 reading as follows 1910.93a Asbestos a Definitions For the purpose of this section 1 Asbestos includes chrysotile amosite crocidolite tremolite anthophyllite and actinolite 2 Asbestos ^...bersmeans asbestos fibers longer than 5 micrometers b Permissible exposure to airborne concentrations of asbestos fibersStandard effective July 7 1972. The hour weighted average airborne concentrations of asbestos fibers to which any employee may be exposed shall not exceed five fibers longer than 5 micrometers per cubic centimeter of air as determined by the method prescribed in paragraph e of this section 2 Standard effective July 1 1976 hour weighted average air> concentrations of asbestos fibers to which any employee may be exposed shall not exceed two fibers longer than d Personal protective equipment 1 Compliance with the exposure limits 5 micrometers per cubic centimeter of prescribed by paragraph b of this sec- air as determined by the method pre- tion may not be achieved by the use of scribed in paragraph e of this section respirators or shift rotation of em- 3 Ceiling concentration No em- ployees except ployee shall be exposed at any time to i During the time period nccessary airborne cencentrations of asbestos to install the engineering controls and fibers in excess of 10 fibers longer than to institute the work practices required 5 micrometera per cubic centimeter of by paragraph c of this section air as determined by the method pre- ii In work situations in which the scribed in paragraph e of this section c Methods of compliance- En- methods prescribed in paragraph c of gineering methods 1 Engineering con- . this section are either technically not trols Engineering controls such as but not limited to isolation enclosure exhaust ventilation and dust collection shall be used to meet the exposure limits prescribed in paragraph b of this feasible or feasible to an extent insuflcient to reduce the airborne concentrations of asbestos fibers below the limity prescribed by paragraph b of this section or section ii In emergencies i Local exhaust ventilation a Local exhaust ventilation and dust collection systems shall be designed constructed installed and maintained in accordance with the American National iv Where both respirators and personnel rotation are allowed by subdivislons i ii or ii of this subpara- graph and both are practicable personnel rotation shall be preferred and used Standard Fundamentals Governing the Design and Operation of Local Exhaust 2 Where a respirator is permitted by subparagraph 1 of this paragraph it Systems ANSI Z9.2-1971 which is incorporated by reference herein b See 1910.6 concerning the avail ability of ANSI 29.2-1971 and the maintenance of a historic file in connection therewith The address of the Amer- ican National Standards Institute is given in 1910.100 iii Particular tools All hand erated and operated tools which may produce or release asbestos fibers in excess of the exposure limits prescribed 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 systems in accordance with subdivision ii of this subparagraph 2 Work practices- Wet methods Insofar as practicable asbestos shall be handled mixed applied removed cut scored or otherwise worked in a wet state sufficient to prevent the emission of airborne fibers in excess of the ex- posure limits prescribed in paragraph b of this section unless the usefulness of the product would be diminished thereby . II Particular products and opera- tions No asbestos cement mortar coating grout plaster or similar material containing asbestos shall be removed from bags cartons or other containers 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 demolition iii 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- sulation or coverings shall be provided with respiratory equipment in accord- ance with paragraph d 2 iii of this section and with special clothing in ac- shall be selected from among those ap- proved by the Bureau of Mines Depart- ment of the Interior or the National Institute for Occupational Safety and Health Department of Health Education and Welfare under the provisions of 30 CFR Part 11 37 F.R. 6244 Mar. 25 1972 and shall be used in accordance with subdivisions i ii iii and iv of this subparagraph ( Air purifying respirators A reusnple or single use air purifying respirator or a respirator described in subdivision ii or ii of this subparagraph shall be used to reduce the concentrations of . airborne asbestos fibers in the respirator below the exposure Hmits prescribed in paragraph b of this section when the ceiling or the hour weighted average airborne concentrations of asbeston fibers are reasonably expected to exceed no more than 10 times those limits i Powered air purifying respirators A full facepiece powered air purifying respirator or a powered air purifying respirator or a respirator described in subdivision i of this subparagraph shall be used to reduce the concentra- tions of airborne asbestos fibers in the respirator below the exposure limits pre- in scribed paragraph b of this section when the celling or the hour timoweighted average concentrations of asbestos fibers are reasonably expected to exceed 10 times but not 100 times those limits ii Type C supplied respirators continuous flow or pressure class A type O continuous flow or presdemand supplied respirator shall be used to reduce the concentra- tions of airborne asbestos fibers in the respirator below the exposure limits prescribed in paragraph b of this section when the celling or the hour time- weighted average airborne concentrations of asbestos fibers are reasonably expected to exceed 100 times those limits iv Establishment of a respirator pro- cordance with paragraph d of this section . gram a The employer shall establish a respirator program in accordance with FEDERAL REGISTER VOL 37 NO WEDNESDAY JUNE 7 1972 ; \ RULES AND REGULATIONS 11321 e e the requirements of the American Na- tional Standards Practices for Respira- where asbestos fibers are released to be monitored in such a way as to determine subparagraph shall conform to the requirements of 20 x 14 vertical format Protection ANSI Z882 196w9hich whether every employee's exposure to signs specified in $ 1910.145 4 and ee tory is incorporated by reference herein asbestos fibers is below the Ilmits pre- to this subdivision The signs shall dis- Ane b See 1910.6 concerning the avail scribed in paragraph b of this sec- play the following legend in the lower ability of ANSI Z882-1969 Z882-1969 and the main- tion If the limits are exceeded the em- panel with letter sizes and styles of a tenance of an historic file in connection ployer shall immediately undertake a visibility at least equal to that specified therewith The address of the American Institute National Standards $ 1910.100 is given in shall c No employee be assigned to tasks requiring the use of respirators if compliance program in accordance with paragraph c of this section 2 Personal monitoring Sam- ples shall be collected from within the breathing zone of the employees on in this subdivision Legend Asbestos ---- ---- Notation 1 Sans Serif Gothic or Block based upon his most recent examination membrane filters of 0.8 micrometer po- Dust Hazard * Sans Serif an examining physician determines that rossity mounted in an open filter Gothic -- -- the employee will be unable to function holder Samples shall be taken for the Block normally wearing a respirator or that _ the safety or health of the employee or other employees will be impaired by his use of a respirator Such employee shall be rotated to another job or given the opportunity to transfer to a different position whose duties he able to perform determination of the hour time- weighted average airborne concentrations and of the celling concentrations of asbestos fibers il Sampling frequency and patterns After the initial determinations required by subparagraph 1 of this paragraph Arold Breathing Dust Wear Assigned Protective Equipment Do Not Remain In Area Unless Work Re- quires It Breathing Asbestos Dust May Be Hazardous To ... Gothle " Gothic " Gothic 14 point Gothic with the same employer in the same geo- graphical area and with the same seniority status and rate of pay he had just prior to such transfer if such a different ~ position is available 3 Special clothing The employer shall provide and require the use of spe- cial clothing such as coveralls or similar whole body clothing head coverings gloves and foot coverings for any employee exposed to airborne concentra tions of asbestos fibers which exceed the ceiling level prescribed in paragraph b of this section 4 Change rooms i At any fixed place of employment exposed to airborne concentrations of asbestos fibers in exc^ssof the exposure limits prescribed in paragraph b of this section the employer shall provide change rooms for employees working regularly at the place i Clothes lockers The employer shall provide two separate lockers or containers for each employee so separated or isolated as to prevent contamination of the employee's street clothes from his work clothes samples shall be of such frequency and Your Health pattern as to represent with reasonable accuracy the levels of exposure of employees In no case shall the sampling be spacing between lines shall be at least equal to the height of the upper of any two lines done at intervals greater than 6 months for employees whose exposure to asbestos 2 Caution labels Labeling Caution labels shall be affixed to all raw may reasonably be foreseen to exceed the limits prescribed by paragraph b of this section 3 Environmental monitoring other materials mixtures scrap waste debris and products containing asbestos fibers or to their containers except that no label is required where asbestos fibers . samples shall be collected from areas of a work environment which are represent ative of the airborne concentrations of asbestos fibers which may reach the breathing zone of employees Samples shall be collected on a membrane filter 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 concentrations of asbestos fibers in excess of the of 0.8 micrometer porosity mounted in an open filter holder Samples shall exposure limits prescribed in paragraph b of this section will be released be taken for the determination of the 8hour weighted average airborne concentrations and of the ceiling concentrations of asbestos fibers 1 Sampling frequency and patterns After the initial determinations required i Label specifications The caution labels required by subdivision i of this subparagraph shall be printedin letters of sufficient size and contrast as to be readily visible and legible The label shall state by subparagraph 1 of this paragraph CAUTION samples shall be of such frequency and pattern as to represent with reasonable Contains Asbestos Fibers iii Laundering a Laundering of accuracy the levels of exposure of the Avold Creating Dust asbestos contaminated clothing shall be done so as to prevent the release of air- home asbestos posure fibersin excess of the ex- limits prescribedin b paragraph s of this section b Any employer who gives asbestos- contaminated 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 paragraph 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 employees In no case shall sampling be at intervals greater than 6 months for employees whose exposures to asbestos may reasonably be foreseen to exceed the exposure limits prescribed in paragraph b of this section 4 Employee observation of monitoring Affected employees or their representatives shall be given a reasonable opportunity to observe any monitoring required by this paragraapnhd shall have access to the records thereof g Caution signs and labels 1 Cau- tion signs D Posting Caution signs shall be provided and displayed at each location where airborne concentrations of asbestos fibers may be in excess of the exposure Hmits prescribed in paragraph Breathing Asbestos Dust May Cause Serious Bodily Harm h Housekeeping- Cleaning All external surfaces in any place of employment shall maintained free of accumulations of asbestos fibers if with their dispersion there would be an excessive concentration 2 Waste disposal Asbestos waste scrap debris bags containers equipment and contaminated clothing consigned for disposal which may produce in any reasonably foreseeable use handling storage processing disposal or transportation airborne concentrations of asbestos fibers in excess of the exposure ilmits prescribed in paragraph b of this section shall be collected and e Method of measurement All determinations of airborne concentrations of asbestos fibers shall be made by the membrane filter method at 400-450 X magnification 4 millimeter objective with phase contrast illumination f Monitoring- Initial determi- nations Within 6 months of the publication of this section every employer shall cause every place of employment b of this section Signs shall be posted at such a distance from such a location so that an employee may read the signs and take necessary protective steps before entering the area marked by the signs Signs shall be posted at all ap- proaches to areas containing excessive ^co...nbceernstrations of airborne asbestos specifications 11 Sign The warning signs required by subdivision 1 of this disposed of in sealed impermeable bags or other closed impermeable containers 1 Recordkeeping- Exposure Tecords Every employer shall maintain records of any personal or environmental monitoring required by this section Records shall be maintained for a period of at least 3 years and shall be made available upon request to the Assistant Secretary of Labor for Occupational Safety and Health the Director of the National FEDERAL REGISTER VOL 37 NO WEDNESDAY JUNE 7 1972 11322 RULES AND REGULATIONS Institute for Occupational Safety and tions Records shall be retained by Health and to authorized representa' either : 2 Employee access Every employee employers for at least 20 years ii Access The contentosf the rec- ords of the medical examinations and former employee shall have reasonable access to any record required to be maintained by subparagraph 1 of this paragraph which indicates the employee's own exposure to asbestos fibers 3 Employee notification Any em- 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 physicians and medical consultants of either ployee found to have been exposed at any time to airborne concentrations of asbes- tos fibers in excess of the limits pre- scribed in paragraph- 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 ~ 1 Medical examinations- Gen- eral The employer shall provide or make available at his cost medical examina- tions relative to exposure to asbestos re- of them and upon the request of an employee or former employee to his physician Any physician who conducts a . medical examination required by this paragraph shall furnish to the employer of the examined employee all the information specifically required by this paragraph and any other medical information related to occupational ex- posure to asbestos fibers 3. new 1910.19 is added to Subpart B of Part 1910 reading as follows quired by this paragraph 2 Preplacement The employer provide or make available to each of his employees within 30 calendar days following his first employment in an occupation exposed to airborne concentrations of asbestos fibers a comprehensive medical examination which shall include as a minimum a chest roentgenogram posterior 14 x 17 inches a history to elicit symptomatology of respiratory disease and pulmonary function tests to include forced vital capacity FVC and forced 1910.19 Asbestos dust Section 1910.93a shall apply to the exposure of every employee to asbestos dust in every employment place of employment covered by $ 1910.12 $ 1910.13 1910.14 1910.15 or $ 1910.16 in lieu of any different standard on exposure to asbestos dust which would otherwise be applicable by virtue of any of those sections Effective date Paragraph b of 1910.93a shall become effective July 1 1976. All other provisions of 1919.93a expiratory volume at 1 second FEV 1910.93 and 1910.19 shall become effec- 3 Annual examinations or be- tive July 7 1972. The current emergency a January 31 1973 and at least anly thereafter every employer shall temporary standard remains in effect until July 7 1972 sive vide or make available comprehensive medical examinations to each of his employees engaged in occupations exposed to airborne concentrations of asbestos fibers Such annual examination shall include as a minimum a chest roentgenogram posterior 14 x Secs 6 8 84 Stat 1693 1598 29 U.S.O. 655 657 29 CFR 1910.4 Secretary of Labor's Order No. 12 7316 F.R. 8754 . Signed at Washington D.C. this 2d 7 day of June 1972 G. C. GUENTHER 17 inches a history to elicit symptom- . Assistant Secretary Labor atology of respiratory disease and pulmonary function tests to include forced vital capacity FVC and forced FR Doc.72-8574 Filed 6-6-72 am expiratory volume at 1 second FEV1 4 Termination of employment The employer shall provide or make available within 30 calendar days before or after the termination of employment of Title PUBLIC CONTRACTS AND PROPERTY MANAGEMENT any employee engaged in an occupation exposed to airborne concentrations of asbestos fibers a comprehensive medical Chapter Atomic Energy Commission examination which shell include as a PART GENERAL minimum a chest roentgenogram posanterior 14 x 17 inches a history to elicit symptomatology of respiratory disease and pulmonary function tests to include forced vital capacity FVC and forced expiratory volume at 1 second FEV1.0 . 5 Recent examinations No medical examination is required of any employee if adequate records show that the employee has been examined in accordance with this paragraph within the paragraph past year period 6 Medical records- Mainte- nance Employers of employees examined suant to this paragraph shall cause e maintained complete and accurate words of all such medical examina- Subpart Procurement * + Regulations MISCELLANEOUS AMENDMENTS The changes made inAECPR Subpart 9-1.1 Procurement Regulations have been made in order to establish the AECPR Temporary Regulations which are a part of the AEC Procurement Reg- ulations and the Federal Procurement Regulations System The AECPR Tem- porary Regulations implement and supplement the FPR Temporary Regulations They also contain policies and procedures initiated by the AEC which are to be effective for a period of 6 months or less The AEC Procurement Instruction section has been rovised nocordingly Minor editorial changes have also been made . 1. Section 9-1,101 Scope of subpart is revised to read as follows 9-1.101 Scope of subpart This subpart describes the Atomic Energy Commission Procurement Regulations and the AECPR Temporary Rog- ulations It also describes exclusions from the AECPR as contained in the AEC Procurement Instructions 2. Section 9-1.102 Establishment of AEC Procurement Regulations is revised to read as follows 9-1.102 Establishment of the AEC Procurement Regulations and tho AECPR Temporary Regulations 9-1.102-1 tions AEC Procurement Regula- a The AEC Procurement Regulations AECPR are hereby established b These regulations implement and supplement the Federal Procurement Regulations FPR and are a part of the Federal Procurement Regulations System c The effective date of FPR issu- ances throughout AEC will be the date indicated in the respective issuances unless otherwise provided in the AEC Procurement Regulations d The effective date of AECPR issuances throughout AEC will be the dato indicated in the respective issuances 9-1.102-2 AECPR Temporary Regn- lations a The AECPR Temporary Regulations are hereby established b These regulations implement and supplement the Federal Procurement Regulations Temporary Regulations They also contain policies and procodures initiated by the AEC which are expected to be effective for a period of 6 months or less c The effective date of the TPR Temporary Regulations issuances throughout AEC will be the dato indi- cated in the respective issuances unless otherwise provided in the AECPR Tem- porary Regulations d The effective date of the AECPR Temporary Regulations Issuances throughout AEC will be the date indicated in the respective issuances e The AECPR Temporary Regulations are a part of the AEC Procurement Regulations and the Federal Procurement Regulations System All references to the ABC Procurement Regulations or AECPR in 9-1.103 through 9-1.109 of this subpart shall be deemed to includo the AECPR temporary regulations 3. Section 9-1.103 Authority is revised to read as follows 9-1.103 9-1.103 Authority The AEC Procurement Regulations are prescribed by the General Manager Assistant General Manager for Administra- tion or the Director Division of Contracts of the AEC pursuant to the authority of the Atomic Energy Act of 1954 and the Federal Property and Adminis trative Services Act of 1949 FEDERAL REGISTER VOL 37 NO WEDNESDAY JUNE 7 1972