Document RJ5NjexazYKg33qKdObmwBZqE

22732 Federal Register / Vol. 51, No. 119 / Friday, June 20, 1986 / Rules and Regulations inclusion in the revised standard of requirements for recordkeeping of employee exposure and medical records. In recognition of the unique advantages for this industry of a centralized data base to accommodate the records of employees who may work for several employers in a short period of time, paragraph (n)(2)(i) contains a note specifically emphasizing that employers may contract with organizations such as trade associations and unions to provide records maintenance services. Paragraph (oj--Dates Effective Date. In the final standard, all requirements will become effective 30 days from publication of the final rule |n the Federal Register, which is consistent with OSHA policy. This 30day period will provide sufficient time for employers and other responsible individuals in the industry to obtain a copy.of the standard and to become familiar with the provisions prior to the startup date. OSHA did not receive any submittals that specifically addressed the 30-day effective dale for the standard. OSHA believes that 30 days is sufficient time because this regulatory action for asbestos is related to the past asbestos standard and contains many of the same or similar provisions. In addition, OSHA has provided a separate startup, date by which the various provisions must be completely implemented. as described below. The provisions of 1928.58 take effect on July 21.1986. On this date, employers are to commence complying with the provisions as amended. Until that date, employers.are to comply with the. unamended provisions of 1919.1001 as. currently published in the Code of Federal Regulations (1985 edition). If the amended provisions are not in effect because of stays or judicial action, then the unamended provisions will remain In effect. It is the intention that'there remain no gaps in coverage and that the existing provisions not terminate unless the new provisions are in effect.1 Startup Date. The final standard specifies that all requirements, including those for engineering controls, shall be complied withwithin 180 days after the effective dale. Although few commenters addressed the startup date provision, OSHA did receive two'submittals on this topic (Exs. 84-424, 277). In addressing the question concerning whether any industry sector might need more time to comply with the requirements of the standard, Joe Adam, Director of the Department of Safety and Health of the United Association of Journeymen and" Apprentices of the Plumbing and Pipefitting Industry (UAJAPPI), obligation that the revised standard indicated that whatever the normal imposes. phase-in of a standards, i.e., i year, The appendices that are included in should be used (Ex. 84-424, p. 55). He the standard are: stated that he did not recommend that "there be any lengthening of the time. Appendix A--OSHA Reference Method-- Mandatory. Whatever the time is that is accepted in Appendix B--Monitoring Method--Non- the regulatory process is the one that we mandatory. should agree to" (Ex. 84-424, p. 55). The BCTD did not support a delayed effective date (startup date), stating that "all technology for implementation of the standard currently exists" (Ex. 277, p. 14). There concern was that "increased asbestos removal and Appendix C--Methods for Respirator Fit Testing Appendix D--Mandatory Medical Questionnaire. Appendix E--Information for X-Ray Interpretations. Appendix F--Methods for Reducing Asbestos Exposures During Large-Scale encapsulation work has already Asbestos Removal or Renovation. begun . . . [and| in many cases this Appendix G--Methods for Reducing work is being done without any . Asbestos Exposures During Small-Scale protections to aviod the requirements that they anticipate in the near future.. This trend would only accelerate if delayed implementation of the regulation is allowed" (Ex. 277, p. 14). Asbestos Renovation Projects. Appendix H--Substance Technical Information for Asbestos. Appendix I--Medical Surveillance Guidelines for Asbestos. Based on these comments and Recordkeeping Requirements because this final standard merely The recordkeeping requirements in revises the existing OSHA standard for these revised standards are being asbestos (29 CFR 1910.1001), which is already being complied with, OSHA believes that employers in the construction industry should be able to considered by the Office of Management and Budget under the Paperwork Reduction Act of 1980, Pub. L. 96-511, 44 U.S.C. 3501 et seq. These requirements . achieve compliance with the requirements within 180 days after the will not take effect until approved by the Office of Management and Budget. effective date. If the time period for meeting the startup date cannot be met List of Subjects because of technical difficulties, any 29 CFR Port 1910 employer is entitled to petition for a. temporary variance under section 6(b)(6)(A) of the Act. The 180-day delayed startup date, however, is only for the new provisions Asbestos, Cancer, Health. Labeling, Occupational safety and health. Protective equipment. Respiratory protection; Signs and symbols. contained in the new standard or for the. 29 CFR Part 1926 increased requirements which result from the reduction of the PEL from 2 f/cc to 0.2 f/cc. Compliance with the provisions of the standard must be Asbestos, Cancer, Construction industry. Hazardous materials. Health, Labeling, Occupational safety and health. Protective equipment. Respiratory protection. Signs and maintained on a continuous basis, symbols. without any gap, until compliance with the new standard is achieved. XII. Authority, and Signature Paragraph (p)--Appendices This document was prepared under the direction of John A, Pendergrass, The revised standard contains nine Assistant Secretary of Labor for appendices which are designed to assist Occupational Safety and Health. U.S'. employers and employees to implement Department of Labor, 200 Constitution the provisions of the standard. Ave, NW,, Washington, DC 20210. Appendices A, C, D, and E, are Accordingly, pursuant to sections 4,6(b), incorporated as a part of this standard 8(c) and 8(g) of the Occupational Safety and impose additional mandatory and Health Act of 1970. (29 U.S.C. 653. obligations on covered employers. 655, 657), section 107 of the Contract Appendices B, F, G, H, and 1 are Work Hours and Safety Standards Act nonmandatory and are included (Construction Safety Act) (40 U.S.C. primarily to provide information and 333), the Longshoremen's and Harbor guidance. None of the statements in Workers' Compensation Act (33 U.S.C. Appendices B, F, G, H, and I should be 941), 29 CFR Part 1911 and Secretary of construed as imposing a mandatory Labor s Order No. 9-83 (48 FR 35736), 29 requirement on construction employers CFR Parts 1910 and 1926 are hereby that is not otherwise imposed by the amended as set forth below. standard; in addition, these appendices The- Federal Register has been are not intended to detract from any requested to officially file this document GLEASON-000980