Document RjX40VqgMEwRme8RkVJXvJVMX

Zed) - O^H A fcepo*--re*L Patel e # Ca$. Au^uaT l^i ASBESTOS LAWS AND REGULATIONS 7iu OAKLAND--Joel Cohen, an industrial hygienist, and Robert Peterson, an attorney, have just completed a series of concise seminars about asbestos use in construction.COR attended the Oakland seminar. Participants were told if they were doing demolition, reconstruction or remodel ing work, they should expect asbestos. Dust might not be visible in the air at the 0.1 fiber action levelTit would be at', /fhsr two fiber permissible exposure level. (Cal-OSHA's '-ceiling, or short-time concentration limit, is 10 fibers longer than five micrometers per cubic centimeter of air.) When in doubt, take an air sample, said Cohen. "The Cal-OSHA regulation presumes that you recog nize asbestos and requires that you report it," Peterson said. "You can collect bulk samples yourself," Cohen said. "Put them in zip-lock baggies or a tiny film can. Try to keep them contained. Also be sure you patch the area where you got the sample. Keep good records of when and where samples were taken." He said a lab would charge S35 for bulk analysis a customer brings in, whereas if an IH technician comes out to sample, the charge would be >35 per hour. They passed out copies of Cal-OSHA's asbestos safety order. General Industry $ 5208, and a whole page bating other agencies with asbestos laws and regulations: the Department of Health Services. Air Quality Management Districts, the California Highway Patrol, the U.S. Environ mental Protection Agency and the U.S. Department of Transportation. "If you comply with the Cal-OSHA regulations, you probably won't have trouble with any other agency." said Peterson. "Everything you need to know is in 5208." REPORTS OF USE "Reports of use are very important. That's subpart I." Peterson said most of his clients get cited by Cal-OSHA for violations of subpart (1)( 11(C) or (D)-operations or pro cesses requiring reporting. Use of any material with more than one percent of asbestos by dry weight must be re ported to the Division of Occupational Safety and Health. Drop ceilings and false ceilings in hospitals or any where else can cause trouble. Peterson said when employ ees work up there, courts will call it maintenance. "EPA regulations require that schools be inspected carefully." Cohen said. It also has reporting requirements before the job starts. 0636991 T ;476 8-13-84 0636992 Cal-OSHA-Reperter WORK PRACTICES Cohen said hand power tools need a local exhaust ven tilation system. Engineering controls are preferable, but not always possible. If control must be achieved by work practices, this means water. The material must be handled wet. ' `The state will air monitor and cite if the concentration is over 0.1 if they don't think the material is wet enough," Peterson said. They have the burden of proof to make the citation stick. RESPIRATORY EQUIPMENT Not only must the material be wetted down, respirators must be provided if concentrations exceed the PEL (sub section d) of 5208). How elaborate a respirator depends on how heavy the exposure. Cohen showed different kinds, from 817 disposables to cartridge respirators that must be personally assigned. "None of these work with a beard," he said. "It's a good idea to call the land fill and ask will it accept what you're unloading," Cohen said. Peterson said he would touch base with EPA and Air Quality and all those other agencies before starting a job. DECONTAMINATION: Cohen showed full body dis posable suits that are inexpensive and can be thrown away at the end of the day along with the asbestos debris. He said there are also portable decontamination vans on the market now. CRIMINAL ACTIONS: The Cal-OSH Act has criminal provisions, Peterson said. "We are starting to see mote criminal actions. Los Angeles city is very active in the area of hazardous substances. They have charged one man for moving demolition debris, "ig it with other substances and moving it to a Class 0 dump. There are about 100 counts and 8200 million in damages proposed against this guy." RESPONSIBILITY ON THE JOB SITE Breathing inside a respirator can be difficult. Medical advice is needed where uso of a respirator is required. GISO $ 5144 outlines a full respiratory protection program, Cohen said. There must be a medical examination, train ing, fit testing and written procedures, including a aignoff. "Obviously, the disposables do not afford 100% protec tion. The ultimate would be self-contained breathing apparatus (SCBA)." Who's required to do what when there are mixed crews on the sitef "You're required to protect your own people," Peter son said. "But if the general knows about the problem, he should tell the sub," Cohen added. How do you find an MD familiar with the Title 8 re quirements f Cohen: "That's tough. It's a good idea to xerox of the asbestos regulations and instruct the MD to follow them. It shouldn't cost 8200 or anything close." A man in the audience said the bill should be 860 or 880 for a medical examination. Peterson said the law looks to the general for more responsibility. There is a lot of law relating to hazardous substances coming out of Sacramento, and asbestos is a hazardous substance. Besides that, asbestos is on the Director's List (CalOSHAI. "Lawsuits are saying if you knew about the stuff and didn't tell others, you're in trouble." ASBESTOS AS HAZARDOUS WASTE So the general should make sure the sub is following Cal-OSHA rulesf Cohen said the California Highway Patrol (CHP) is supposed to control transportation of asbestos scrap, but it actually doesn't know how to handle it. There is no CHP requirement that trucks be placarded. CHP refers to DOT, which would rather not be involved. "So there are no rules, really." The state Department of Health Services (DOHS) does have a concern, he said. See Title 22, California Adminis trative Code $ 66016, and 25100 of the Health and Safety Code. DOHS licenses registered haulers, who take asbestos away. "If you don't know if a hauler is registered, you can call the department and ask. "Yes," said Peterson. "If you have a good safety staff, go with it." But you assume more liability that way. Peterson said that was why a good staff was important. There is such a bias around the word "asbestos" that the courts will lay liability on the general anyway, "so we need to do as much as we can." CALIFORNIA'S ASBESTOS SAFETY "There is also the waste hauler's manifest that you, as AND HEALTH STANDARD the generating source, must fill out. A registered hauler would have the manifest. You're supposed to get a copy SAN FRANCISCO--Need an authoritative guide to back and then your obligation is over." He said asbestos General Industry $ 5208, the Cal-OSHA aabeetoe standard? can be taken to a Class 0 dump, which is county-regulated. The Cal-OSHA Communications unit has printed a helpful Haulers are regulated by DOHS and EPA. guide to the standard called "Cal-OSHA Reeource List and Standard for Asbestos." Copies are available from the Gerald Brickel in San Francisco, with the EPA'a air unit, 525 Golden Gate Ave., 3rd Floor, San Francisco management division, was recommended as being know ledgeable. He can be reached at 415-974-8062. 94102; or call 415-657-2237 and ask for S-620 (November, 1963,` if7/c? Copyright 1964 by Sten-O-Press ------