Document Rp05gqkRBOBXnRvwQg4jRR1VV

V vV .A 1745 Jefferson Davis Highway, Crystal Square 4, Suite 509 Arlington, Virginia 22202 * (703) 979-1150 8 December 1977' MEMORANDUM FOR: SUBJECT: MEMBERS Report of State Initiatives for Asbestos Regulation as of December 1, 1977 Since passage of the Occupational Safety and Health Act of 1970 (OSH Act} and the Clean Air Act of 1970 with their implementing Occupational Exposure to Asbestos Standard and National Emissions Standards for Hazardous Air Pollutants (NESHAPS), respectively, several states have exercised their prerogative to develop legislation and regulations regarding the use of asbestos. Under the OSH Act, states may develop and conduct oc cupational safety and health regulatory programs. A state plan must be submitted to and approved by federal OSHA in order to have power of enforcement. If the plan is approved, both the state and federal government exercise authority over the plan. The plan is certified when federal OSHA determines that the state is competent to enforce its plan, which must be at least as effective as or identical to federal regulations. The state is then responsible for implementing and enforcing occupational safety and health activities. Certified state plans are subject to federal OSHA evaluation semi-annually. Due to the failure of state legislatures to pass enabling legislation or because a state may have decided the costs involved in implementation were not acceptable, some states have withdrawn their proposed plans, thus returning to federal jurisdiction for occupational safety and health matters. . Attachment I identifies the status of each state's oc cupational safety and health and air pollution program. At tachment II summarizes state and certain municipal actions and/or proposed actions with regard to use of asbestos. An . asterisk (*) is-used to indicate that additional information is provided in Attachment II. ' Documents cited in this report are on file in the AIA/NA office and are available on request. UCC QQ9263 While a concerted effort has been made to provide as complete information as possible in this report, it is acknowledged that omissions may exist. Information now known or that which may become known, pertinent to this report, is solicited. It is planned to update this report when and as appropriate. Attachments I - Status of each state's Occupational Safety and Health and Air Pollution Program II - Summary of State and Certain Municipal Actions Regarding Use of Asbestos cc: Distribution A ..... 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E ffe c tiv e J u ly 1, 1977, A rtic le 43, S e ctio n 33: S e c re ta ry o f H e a lth and M ental H ygiene m ust a d o p t procedures to secure in fo rm a tio n about in cid e n ce and cause o f diseases caused by to x ic and ca rcin o g e n ic substances. 3 g JC tPn . p tn pH g ti o ri--Hi <tJ ** npp m -p u 8i atn tn di a sP 4-1 CD rP S1 a H 4-> E1 a n H H, -Hc T3 3p 0U) r(P0 Qi CD +cidJn cn n i <Nd 1 id m g. 8 0 tn 4-1 +) 5 3 3 1rH tn cn cn o r4 C" p i-t tn .3 3 Eh ^&s! is C> pid H O C -P <Ou I * arH U) r-! O yfUij) PX a 5p o WH O U3 M tn 3w 3ian in 5. tn TJ >S-3p XJ3 i3)SSX -a co o> CM p & gO CN in "P cn in o cn ST3 I rH JJ id -rHQ rH HIQ tT* <D ain 4 CO *THin3 rCH-\ '3 'p 5 CD O O tn cn "(!)&ill faP IP 3p aCO CTi tx tQnJ go -cP CD rO -p H-l !I -P CD rr-- r--id1 >o ra oj g, 1 Q) p--f * CM 'S W tift un H CD tJ'S S3 3 8 $8 8 85 g1ig hn n ' 'S---' 'w' CM in 6 CTt rH pG ch H i--(0I TcJ tn 3 Is 3-S al tn o 5 U P Ti CD 0> HD r<Hd CO D cn P o a, ^ oo V -P o o B33^ 3cn c*.g rINo H rH *rH co S iil Itn a i*tHoHs p tn id tn "-0PdJ mp P 3 EO CO i5 M 1 1 UCC 009277 V measures o f c o n tro l in emergency s itu a tio n s d e a lin g w ith ca rcin o g e n ic substances. M ichigan Senate. the power to adopt e e th at t d S e s s pas riz e has u th o h a lic Bwi lh (TJ 03 U) co n r- EL rH in 6# T) 0 Id O' 3 & JS a 3 id & td ain 'ii-ni Q 3 m eI 9 0 1 N fd E n 3 $ e' en -ru-{ rd IW o in no `d $ 5 He f3 cn t/3 fd r--! tT1 tn 3' 8 XHI H O (n in 3in id 0 <inD 3H a s & 1 tn dH o r- -H in in O O did -*--'-fi 1 CN \D tn m iw cm >in1 '3* CN +1 r- o 6 M AS I cn t S-63 - to x ic substances c o n tro l b i l l House w orking on s im ila r p ro p o sa l. - MICHIGAN UCC 009278 * (0 o in !U g aH Is UCC. 00.9,279 i i # Mr. W. C. Thurber UCC - Metals Division 38th Floor 270 Park Avenue New York, NY 10017 Messrs. File R. E. Byrne, Jr. D. M. Mintzes J. L. Myers T. P. Norris R. F. X. Fusaro April 14, 1976 RECEIVED "Calidria" Asbestos APR 1 9 1976 State of Oregon - Occupational Health Regulations for Asbestos In accordance with your request, the above noted state regulation has been reviewed. A copy is attached. The AIA/NA informs me that the Oregon regulations are OSHA approved and enforcement is being done by the state. The Oregon regulation follows the June 7, 1972 Federal OSHA asbestos regulations quite closely with an important exception; i.e., in a number of situations where the Federal rules trigger action if the allowable limits may be or are exceeded, the Oregon rules go into effect if any level of airborne asbestos is present. A respirator is required "wherever asbestos releasing materials are handled". Specifically, the main differences are as follows: 1. Tools that release fiber must be provided with local exhaust ventilation. There is no "over the.allowable limits requirement" as in the Federal Standards. 2. Insofar as is practical wet methods are to be used to prevent all emissions, not just those over the allowable limits. 3. Respirators are required wherever asbestos dust is released, regardless of how low the level. 4. Type "C" supplied air respirators appear to be required for the removal of asbestos containing materials with hand or power operated tools, even when the tools are fitted with local exhaust ventilation. 5. Special clothing and change rooms are required when concentra tions "are reasonably expected to be" over the prescribed limit. The Federal Regulations require this only when the limits are exceeded. UCC.:0Q928p To: W. C. Thurber 2- - April 14, 1976 6. Caution signs are required where fibers may reasonably be expected to be released, regardless of the expected level. Federal rules require this "where airborne concentrations of asbestos fibers may be in excess of the exposure limits... 7. Caution labels are required in all cases, even for products with bound asbestos, if any concentration of airborne fibers will be released not just not just where concentrations over the allowable limits may occur in any reasonably foreseeable use. 8. "Housekeeping" requires that all surfaces be kept clear of accumulations of asbestos fiber. The "...if their dispersion would create an airborne concentration in excess of the expo sure limits..." wording from the Federal regulations has been deleted. 9. In "Waste Disposal" the words "which may produce___ airborne concentrations in excess of the exposure limits... have been deleted from the Federal Standard. Sealed, impermeable bags are required for all waste disposal that will produce any concentrations of airborne asbestos fiber. HBRrdal Attach. UCC 009281 INTERNAL CORRESPONDENCE ftliTALS DIVISION To (Namai Division Location Messrs. R. E. Byrne, Jr. A. A. Messenger J. L. Myers E. VJ. Shortridge, W. C. ThurberiX^ Copy to File P.0, BOX 573- 4625 ROYAL AVE., NIAGARA FALLS, NEW YORK 14302 Data Originating Dept. December 3, 1976 "Calidria" Asbestos Answering letter date Subject 0ctojjai--28'T"T976. Revision tjyCal ifornia OSHA Asbestos Standard, Title 8, Section 5208. L~c-z-a- - The official version of the changes in the California asbestos regulations that were adopted by the Standards Board on October 28, 1976, are attached for your information. These paragraphs will be considered again by the Standards Board for possible further revisions early in 1977. I am staying in close touch, mainly as an AIA/NA representative, with the activities in California. H. :B. Rhodes HBR:dal attachment ,yCC,Q09282, (*v. --> PACE SIIPXT FOR FILING AGMINISTRATIVE REGULATIONS WITH THE SECRETARY OF STATE (Ftxf*nmat eft Octtmtwac C>jrJ S*twa ll J 10,1) ORDER ADOPTING, AMENDING OR REPEALING REGULATIONS OF THE OCCUPATION SAFETY AND HEALTH STANDARDS BOARD After proceeding had in accordance with the provisions of the Administrative Procedure Act (Government Cede, Title 2, Division 3, Fart I, Chapter 4.5) tnd_ pursuant to the authority vested by Labor Coda Section 142.3, the Occupational Safety and Health standards Hoard hereby amends, repeals, or adopts its regulations as hereinafter set forth in Title -2, Chapter 4, Subchapter 7, Section 5203, Asbestos, General Industry Safety Orders of the California Administrative Code as follows: Repeal Subsection (g)(1) and adopt new (g)(1) of Section 52G3 to read: (g) Monitoring and Recordkeeping. (1) iionltorlng. tud < (A) The employer shall sample the air and determine the concentration of asbestos fibers within the breathing zone or in employees whose exposure to airborne'asbestos may exceed an 8-hour tinn-weighted average concentration of 1 fiber, longer zM than 5 micrometers, per cubic centimeter cr a ceiling concen E tration of 10 fibers, longer than 5 micrometers, per cubic K centimeter due to work assignment(s) at or near operations with * asbestos or asbestos-containing products which result in the fc release of asbestos fibers. Z. 8 UCC..009283 ... tr ' f *.400*' * .. < * '* CONTINUATION SMIET FO FILING ADMINISTRATIVE REGULATIONS ' WITH THE SECRETARY OF STATS (ftwMWBt fa Gvftmnwil Cod# S#clipr> 11280.1J (8) Following any change in control, process, or production method which may alter the airborne concentration of asbestos, the employer shall monitor the level of any employee's exposure which may have been affected by such change. (C) Monitoring shall be repeated at least once every 6 months where exposure to airborne asbestos may exceed an 3-hour time-weighted average concentration of 1 fiber, longer t.ian 5 micrometers, per cubic centimeter or a ceiling concentration of 10 fibers, longer than 5 micrometers, per cubic centimeter. {D) The sampling of airborne'asbestos required by this paragraph shall be performed in a manner which will assure a reasonably accurate determination and shall be made without . regard to employee use of respiratory protective equipment. - (E) All determinations of airborne concentrations of asbestos fibers performed under requirements of this section shall use the membrane filter method with phase contrast illumination, 403'to 450X magnification, and 4 millimeter objective. d o N o r wwtTK in t n i* epA ce Repeal Subsection (j) and adopt new Subsection (j) into Section 5208 to read: (j) Medical Examinations. (1) The employer shall provide or ma'-.e available at no cost to the employee a comprehensive preplacement medical examination by a licensed physician for each employee engaged in an occupation where exposure to airborne asbestos, without regard to the use of respiratory protective equipment, has been determined to exceed, or may be reasonably expected to exceed, an 8-hour time-weighted average concentration of 1 fiber, longer than 5 micrometers, per cubic centimeter or a ceiling concentration of 10 fibers, longer than 5 micrometers, per cubic centimeter. The examination shall be provided or made available within 30 calendar days of an employee's initial assignment to such occupation and shall include as a minimum a 14-inch by 17inch chest X-ray (posterior-anterior), a history to elicit symptomatology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at one second (FEV-j q). UCC 009284 r lUrtW fktsvw r*' . it". W ft.-J w`, WITH THZ SECEiTAKY C? 0TA7E (fvnuorri to Sov*4>i^mnf Cod* 11353*1} DO NOT W R ITE IN T H IS SPACE (2) At least annually every employer shall provide or make available at no cost to the employee a medical examination to employees as specified in paragraph (j)(l). The employer shall provide or make available, within 30 days of termination of employment of any employee exposed to airborne asbestos, a ' medical examination as specified in paragraph (j)(l), if such examination has not been taken within the previous year of termination. NOTE: Pursuant to authority granted by Labor Code Section 6305(b), the Division, upon the advice of the Department-'of Health, may require an employer to make additional diagnostic test(s) available during medical examinations performed under the previsions of this paragraph when a preponderance of evidence indicates the advisability of such supplemental testing. (3) Records shall be kept of medical examinations required by this subsection for each employee; such records shall be maintained by the employer for at least 30 years. Access to records of medical examinations required by this subsection shall be made available for inspection end copying to the Division of Industrial Safety, the Department of Health, and to authorized physicians or medical consultants of either of them. Upon written request of an employee or former employee, the employer shall provide a copy of the medical examination record to the employeels or former employee's physician. Any physician who conducts a medical examination required by this subsection shall furnish the employer of the examined employee or former employee all the information required by this subsection and any other medical information related to occupational exposure to asbestos. Adopt new Subsection (k) into Section 5208 to read as follows: (k) Employee Notification. Any employee found to have been exposed to asbestos fibers in excess of either of the permissible limits prescribed by subsection (a) shall be notified in writing of the exposure within 5 days of the finding. The individuals so exposed shall also be notifiedof . the corrective action, in compliance with subsections (b), (c), (d), (e) and (f) being taken by the employer. There are no building standards contained in this Order. Pursuant to Section 106, Chapter 1284, Statutes of 1974, the above orders do not create any obligation for reimbursement by the State to any local agency under Section 2231 of the Revenue and Taxation Code for costs that may be Incurred by it in complying with these orders because these orders merely Implement Federal law and regulations. . ...UCC ..009,285,. OO NOT W R tTC IN THIO SPACC FOB FUINQ /X.V,1NI5T^ATIV F.SCULATJON3 WITH T5U SCCRSTARY Or STATS (Nmioa) * Cwinwwit C!f SkDm ItSSQ.I) FINDING OF EMERGENCY The Occupational Safety and Health Standards Board finds that an emergency exists and that the foregoing attached regulation is necessary for the immediate preservation of the public peace, health and safety or general welfare. A statement of the facts constituting such an emergency is: The present Safety Orders do not specify a requirement for employers to notify employees exposed to asbestos in excess of the requirements of Section 5203. This requirement was inadvertently repealed in the last revision of the standard. There is an immediate need to readopt this requirement to protect the. health of employees working in and around asbestos. Due to the hazardous nature of asbestos, the existing Section 5208 has an immediate need to clarify the monitoring and medical examination requirements of the standards to clarify to the employers and the employees of their rights and responsibilities. This emergency adoption will resolve the above problems. The said regulation is therefore adopted as an emergency regulation to.take effect immediately upon filing with the Secretary of State as provided by Section 11422(c) of the Government Code. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD DATE: October 29, 1975 UCC 009286 *f*Yt or CAUEORNIA--AGRICULTURE AND SERVICES AGENCY DEPARTMENT Of INDUSTRIAL RELATIONS OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD 1C0A FOURTH STREET SACRAMENTO, CA 95814 (PI 6) 322-3640 . EDMUND G. BROWN J*.. Co**rnor CERTIFICATE OF COMPLIANCE (Section 5203, Asbestos, Subsections (g)(1), (j) and (k) of the California Administrative Code, Title 0, Chapter 4, Subchapter 7 as contained In the General Industry Safety Orders) The Occupational Safety and Health Standards Eoard hereby certifies that said agency complied with the provisions of Sections 1K23, 11424, and 11425, Government Code, prior to the adoption of the emergency regulation adopted by the Board cn October 28, 1576, DATED: October 29, 1976 OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD s R. T.-'RINALDI, Executive Officer UCC 009287