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PLAINTIFF'S EXHIBIT BIR-451
Director means the Director of the
exposures associated with operations permissible exposure limit and/or
National Institute for Occupational -
that are most likely to produce
- excursion limit or when the emplo
Safety and Health. U.S. Department of exposures above the excursiorflimit for - has any reason to suspect that a ch
Health and Human Services, or
each shift for each job classification in may result in new or additional
designee. Employee exposure means that
each work area.' (2) Initial monitoring, (i) Each
exposures above the action level ai excursion limit.
exposure to airborne asbestos that
employer who has a workplace or work
(6) Method of monitoring, (i) All
| would occur ifthe employee were not operation covered by this standard,
samples taken to satisfy the momt<
I using respiratory protective equipment. except as provided for ih paragraphs ., requirements of paragraph (d) of tt
Fiber means a particulate form of
(d)(2)(ii) and (d)(2)(iii) of this section, section shall be personal samples
I asbestos S micrometers or longer,with a shall perform initial monitoring of
collected following the procedures
' length-to-diameter ratio of at least 3 to employees who are, or may reasonably specified in Appendix A.
1.
be expected to be exposed to airborne -
(ii) All samples taken to satisfy t
High-efficiency particulate air (HEPA) concentration's at or above the TWA
monitoring requirements of parage
| filtermeans a filter capable of trapping ' permissible exposure limit and/or
(d) of this section shall be evaluate
and retaining at least 99.97 percent of excursion limit
using the 0$HA Reference Method
0.3 micrometer diameter, mono-disperse (ii) Where the employer has
(ORM) specified in AppendixA of
particles.
monitored after March 31,1992, for the-. section, or an equivalent counting
Industrial hygienist means a
TWA permissible exposure limit and/or method.
professional qualified by education;
the excursionf4imit, and the monitoring
(iii) If an equivalent method to tl
training, and experience to anticipate, recognize, evaluate and develop controls for occupational health
satisfies all other requirements of this . ORM is used, the employer shall e; section, the employer may rely on such that the method meets the followir. earlier monitoring results to satisfy the criteria:
hazards. PACM means thermal system
insulation, sprayed on or troweled on
surfacing material and debris in work
areas where such material is present. Regulated area means an area
requirements of paragraph (d)(2)(i) of this section.
(iii) Where the employer has relied upon objective data that demonstrate that asbestos is not capable ofbeing released in airborne concentrations at or
(A) Replicate exposure data usee establish equivalency are collected side-by-side field and laboratory
comparisons; and (B) The comparison indicates th:
90% ofthe samples collected in th-
established by the employer to demarcate areas where airborne concentrations of asbestos exceed, or
above the TWA permissible exposure limit and/or excursion limit under the expected conditions ofprocessing, use,
range 0.5 to 2.0 times the permissil
limit have an accuracy range ofpk minus 25 percent of the ORM fern)
there is a reasonable possibility they may exceed, the permissible exposure limits.
(c) Permissible exposure limit
(PELS)--(1) Time-weighted average limit (TWA). The employer shall ensure
or handling, then no initial monitoring ' is required:
(3) Monitoring frequency (periodic monitoring) and patterns. After the
initial determinations required by paragraph (d)(2)(i) of this section,
a 95% confidence level as demons:
by a statistically valid protocol; am (C) The equivalent method is
documented and the results of the
comparison testing are maintained. . (iv) To satisfy the monitoring
that no employee is exposed to an
samples shall be'of such frequency and requirements of paragraph (d) ofth
airborne concentration of asbestos
pattern as to represent with reasonable section, employers must use the re:
excess of 0.1 fiber per cubic centimeter accuracy the levels of exposure ofthe of monitoring analysis performed b
of air as an eight (8)-hour time-weighted employees. In no case shall sampling be laboratories which have instituted
average (TWA) as determined by the
at intervals greater than six months for quality assurance programs that in:
method prescribed in Appendix A of
employees whose exposures may
the elements as prescribed-in Appe
this section, or by an equivalent
reasonably be foreseen to exceed the
A ofthis section.
method.
TWA permissible exposure limit,and/or (7) Employee notification of
(2) Excursion limit. The employer
excursion limit.
v , monitoring results. (i>The employe
shall ensure that no employee is'
(4) Changes in monitoring frequency. shall, within 15 working days after
exposed to an airborne concentration of Ifeither the initial or the periodic
receipt of the results of any monito
asbestos in excess-of 1.0 fiber per cubic monitoring required by paragraphs
performed under the standard, noti
centimeter of air (1 f/cc) as averaged
(d)(2) and (d)(3) of this section -
the affected employees of these rest
over a sampling period of thirty (30)
statistically indicates that employee
in writing either individually or by
minutes. (d) Exposure monitoring.--(1)
exposures are below the TWA permissible exposure limit and/or
posting of results-in an appropriate location that is accessible to affecte
General, (i) Determinations of employee excursion limit, the employer may
employees-
exposure shall be made from breathing discontinue the monitoring for those -
(ii) The written notification requi
zone air samples that are representative employees whose exposures are
by paragraph (d)(7)(i) of this sectioi
of the 8-hour TWA and 30-minute short represented by such monitoring.
shall contain the corrective action 1
term exposures of each employee.
(5) Additional monitoring.
taken by the employer to reduce -
(ii) Representative 8-hour TWA employee exposures shall be
Notwithstanding) the previsions of paragraphs (d)(2J(ii) and (d)(4) of this
employee exposure to or below the TWA and/or excursion limit, when
determined on the basis of one or more section, the employer shall institute the monitoring results indicated that th
samples representing full-shift
exposure monitoring required under
TWA and/or excursion limit had be
exposures for each shift for each
paragraphs (d)(2)(i) and (d)(3) of this
exceeded.
employee in each job classification in section whenever there has been a
(e) Regulated Areas.--(1)
each work area. Representative 30-
change in the production, process,
Establishment. The employer shall
minute short-term employee exposures control equipment, personnel or work establish regulated areas wherever
shall be determined on the basis of one practices that may result in new or
airborne concentrations ofasbestos
or more samples representing 30 minute additional exposures above the TWA . or PACM are in excess of the TWA
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BIRD 015468
1910.1001
29 CFR Ch. XVII (7-1-89 EdH
and required by work duties to be (d) Exposure monitoring--(1) (
present in regulated areas.
eraL (i) Determinations of empl<
"Director" means the Director of exposure shall be made from bre
the National Institute for Occupation ing zone air samples that are re
al Safety and Health, U.S. Depart sentative of the 8-hour TWA and
ment of Health and Human Services, minute short-term exposures of e
or designee.
employee.
"Employee exposure" means that (ii) Representative 8-hour TWA
exposure to airborne asbestos, tremo- ployee exposures shall be determi
lite, anthophyllite, actinolite, or a on the basis of one or more sami
combination of these minerals that representing full-shift exposures
would occur if the employee were not each shift for each employee in e:
using respiratory protective equip job classification in each work ai
ment.
Representative 30-minute short-U
"Fiber" means a particulate form of employee exposures shall be del
asbestos, tremolite, anthophyllite, or mined on the basis of one or m
actinolite, 5 micrometers or longer, samples representing 30 minute ex
with a length-to-diameter ratio of at sures associated with operations tl
least 3 to 1.
are most likely to produce exposu
"Hlgh-efficlency particulate air above the excursion limit for ei
(HEPA) filter" means a filter capable shift for each job classification in es
of trapping and retaining at least 99.97 work area.
percent of 0.3 micrometer diameter (2) Initial monitoring, (i) Each e
mono-disperse particles.
ployer who has a workplace or wc
"Regulated area" means an area es operation covered by this stands-
tablished by the employer to demar except as provided for in paragrap
cate areas where airborne concentra (d)(2Xii) and (d)(2)(iii) of this sectic
tions of asbestos, tremolite, antho shall perform initial monitoring of e:
phyllite, actinolite, or a combination ployees who are, or may reasonably
of these minerals exceed, or can rea expected to be exposed to airbor
sonably be expected to exceed, the concentrations at or above the actii
permissible exposure limit.
level and/or excursion limit.
"Tremolite, anthophyllite, or actino (ii) Where the employer has mor
lite" means the non-asbestos form of tored after December 20, 1985. for tl
these minerals, and any of these min TWA and after March 14.1988, for tl
erals that have been chemically treat excursion limit, and the monitorir
ed and/or altered.
satisfies all other requirements of th
(c) Permissible exposure limits section, the employer may rely o
(PELS)--<1) Time-weighted average such earlier monitoring results to sa
limit (.TWA). The employer shall isfy the requirements of paragrap
ensure that no employee Is exposed to (d)(2)(f) of this section.
on airborne concentration of asbestos, (HI) Where the employer has relie
tremolite, anthophyllite, actinolite, or upon objective data that demonstrate
a combination of these minerals in that asbestos, tremolite, anthophy'
excess of 0.2 fiber per cubic centimeter lite, actinolite, or a combination o
of air as an eight (8)-hour time-weight these minerals is not capable of betn
ed average (TWA) as determined by released in airborne concentrations a
the method prescribed in Appendix A or above the action level and/or excui
of this section, or by an equivalent sion limit under the expected condi
method.
tions of processing, use, or handling
(2) Excursion limit The employer then no initial monitoring is required
shall ensure that no employee is ex (3) Monitoring frequency (periods
posed to an airborne concentration of monitoring) and. patterns. After the
asbestos, tremolite, anthophyllite, ac initial determinations required bj
tinolite, or a combination of these paragraph (d)(2)(i) of this section
minerals, in excess of 1.0 fiber per samples shall be of such frequency
cubic centimeter of air (1 f/cc) as aver and pattern as to represent with rea
aged over a sampling period of thirty sonable accuracy the levels of expo
(30) minutes.
sure of the employees. In no case shall
BIRD 015469
1910.1001
29 CFR Ch. XVII (7-1-86 Edition)
"Both concentration and percent quartz tor the application ot this limit are to he determined Irom the traction passing a
size-selector with the (ottowlng charactenstiCS' "Containing <1% quartz; it t% quartz, use quartz limit.
Aerodynamic diameter (unit density sphere)
Percent passing selector
2 90 2.5 75 3.5 50 5.0 25 10 0
the measurements under this note refer to the use of an ABC Instrument The respirable fraction of coal dust is determined with a MR6: the figure corresponding to that of 2.4 Mg/M3 in the table for coal dust is 4.5 Mg/M5.
C39 FR 23502,-June 27. 1974. Redesignated and amended at 40 FR 23072, 23073, May 28. 1975; 42 FR 22525, May 3, 1977; 43 FR 2800, Jan. 17,1978; 43 FR 5963, Feb. 10.1978; 43 FR 13563, Mar. 31. 1978; 43 FR 19624. May 5. 1978; 43 FR 27394, June 23. 1978; 43 FR 45809, Oct. 3, 1976; 43 FR 53007, Nov. 14, 1978; 43 FR 57602, Dec. 8, 1978: 46 FR 32022, June 19. 1981; 49 FR 25796, June 22. 1984; 50 FR 51173, Dec. 13, 19851
S 1910.1001 Asbestos, tremolite, antho-
phyllite, and actinollte.
(a) Scope and application. (1) This section applies to all occupational ex posures to asbestos, tremolite, anthophyllite, and actinolite, in all indus tries covered by the Occupational Safety and Health Act, except as pro vided in paragraph (a)(2) of this sec tion.
(2) This section does not apply to construction work as defined in 29 CFR 1910.12(b). [Exposure to asbes tos, tremolite. anthophyllite, and ac tinolite in construction work is covered by 29 CFR 1926.58.1
(b) Definitions. "Action level" means an airborne concentration of asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals, of 0.1 fiber per cubic centimeter (f/cc) of air calculated as an eight (8)--hour timeweighted average.
"Asbestos" includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite as bestos, and any of these minerals that have been chemically treated and/or altered.
"Assistant Secretary" means the As sistant Secretary of Labor for Occupa tional Safety and Health, U.S. Depart ment of Labor, or designee.
"Authorized person" means any person authorized by the employer
and required by work duties to be present in regulated areas.
"Director" means the Director of the National Institute for Occupation al Safety and Health, U.S. Depart ment of Health and Human Services, or designee.
"Employee exposure" means that exposure to airborne asbestos, tremo lite. anthophyllite, actinolite, or a combination of these minerals that would occur if the employee were not .using respiratory protective equip ment.
"Fiber" means a particulate form of asbestos, tremolite, anthophyllite, or actinolite, 5 micrometers or longer, with a length-to-diameter ratio of at lease 3 to 1.
"High-efficiency particulate air (HEPA) filter" means a filter capable of trapping and retaining at least 99.97 percent of 0.3 micrometer diameter mono-disperse particles.
"Regulated area" means an area es tablished by the employer to demar cate areas where airborne concentra tions of asbestos, tremolite, antho phyllite. actinolite. or a combination of these minerals exceed, or can rea sonably be expected to exceed, the permissible exposure limit.
"Tremolite, anthophyllite, or actino lite" means the non-asbestos form of these minerals, and any of these min erals that have been chemically treat ed and/or altered.
(c) Permissible exposure limit (PSD. The employer shall ensure that no em ployee Is exposed to an airborne con centration of asbestos, tremolite, anth ophyllite, actinolite, or a combination of these minerals in excess of 0.2 fiber per cubic centimeter of air as an eight (8)-hour time-weighted average (TWA) as determined by the method pre scribed in Appendix A of this section, or by an equivalent method.
(d) Exposure monitoring.--(1) Gen eral (i) Determinations of employee exposure shall be made from breath ing zone air samples that are repre sentative of the 8-hour TWA of each employee.
(ii) Representative 8-hour TWA em ployee exposures shall be determined on the basis of one or more samples representing full-shift exposures for
660
1910..93a
Title 29--Labor
Table Q-3--Mineral Dusts
(2) "Asbestos fibers" means asbestos
fibers longer than 5 micrometers.
Substance Silica:
Crystalline: Quartz (respirable)
Mppet MgfM1 250 1 lOmg/M*m
(b) Permissible exposure to airborne concentrations of asbestos fibers--(I) Standard effective July 7, 1972. The
8-hour time-weighted average airborne
concentrations of asbestos fibers to
Quartz (total dust).
ToSiOt+6 %S10i 1-2 which any employee may be exposed ................. 30ntg/Ms shall not exceed five fibers, longer than
%S,Ort-2 5 micrometers, per cubic centimeter of
Cristobalftc: Use )( the value calculated from the count or mass formulae for quartz.
Tridymlte: Use A the value calculated from the for mulae for quartz.
Amorphous, including natural dlatomaccous earth-------------
air, as determined by the method pre
scribed in paragraph (e) of this section. (2) Standard effective July 1, 1976.
The 8-hour time-weighted average air borne concentrations of asbestos fibers 20 SOmg/M1 to which any employee may be exposed shall not exceed two fibers, longer than %SiPj 5 micrometers, per cubic centimeter of
Silicates (less than i% crys
talline silica):
,,
Mica- --.............................--
20
Soapstone.....................................
Talc(non-asbestos-form)..,
20"
Talc (fibrous). Use asbestos
limit.............. ................
Tremollte (see talc, fibrous)
Portland cement..................
50
Graphite (natural)..................
15
Coal dust (respirable fraction
less thans% SlOj)...................................
For more than 5% 81 Oz.............................
2
2.4mg/M> or
10mg/Ms
air, as determined by the method pre
scribed in paragraph (e) of this section. (3) Ceiling concentration. No em
ployee shall be exposed at any time to
airborne concentrations of asbestos
fibers in excess of 10 fibers, longer than
5 micrometers, per cubic centimeter of air, as determined by the method pre scribed in paragraph <e> of this section.
(c) Methods of compliance--(1) En gineering methods, (i) Engineering con
Inert or Nuisance Dust: Respirable fraction... Total dust..................
%SIOj+2 15 8tng/M 60 16mg/Jl'
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
Note: Conversion factors-- mppcfX353"milliou particles per cubic meter
"particles per c.c. Millions of particles per cubic foot of air, based on
Lmpinger samples counted by light-field technics. I The percentage of crystalline silica in the formula
Is the amount determined from air-borne samples, ex cept In those instances in which other methods havo been
shown to be applicable. J As determined by the membrane filter method at
(30xphasc contrast magnification. n Both concentration and percent quartz for the appli
cation of this limit are to be determined from the fraction passing a size-selector with the following characteristics:
"Containing < 1% quartz; If > 1% quartz, use quartz limit.
prescribed in paragraph' (b) of this section.
(ii) 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 v Standard Fundamentals Governing the ' Design and Operation of Local Exhaust Systems, ANSI Z9.2-1971, which is in corporated by reference herein.
(b) See 5 1910.6 concerning the avail
Aerodynamic diameter (unit deusity sphere)
Percent passing selector
ability of ANSI Z9.2-1971, and the maintenance of a historic file In connec tion therewith. The address of the Amer
2 90 ican National Standards Institute is
2.5 75 given in 1910.100.
3.5 5.0
50 25
(iil) Particular tools. All hand-op
10 0 erated and power-operated tools which
may produce or release asbestos fibers
The measurements under this note refer to the use of an AKC Instrument, ff tho respirable fraction of coal dustisdetermined with SURE the figure corresponding to that of 2.-t Mg/.\f!in the table for coal dustis4 5 i\fg/,M> 1910.93a Asbestos.
(a) Definitions. For tlie purpose of
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 tems in accordance with subdivision (ii)
this section, (1) "Asbestos" includes of this subparagraph.
chrysotile, amosite, cracidolite, tremo-
(2) Work practices--(i) Wet methods.
lite, anthophyllite, and actinolite.
Insofar as practicable, asbestos shall be
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