Document RpdLd3QgyGDgyGXoQ1mzdzBJV

W. H. Beasley, Jin Carpenter, Lamar Sanders Ken Zahn, Trad Gerth, Don Douglas Mr. S. D. Weaver June 13, 1972 *e Asbestos Dust Control Please find enclosed a circular letter from the Department of Labor and copy of part of Federal Register covering newly en acted LAW governing asbestos dust. We oust immediately act to comply with this regulation in all respects. If 1 understand it correctly, we do the job right and the extra measures such as two lockers, etc., are not required. Please furnlah me an outline of action planned to comply, with dates etc., and of any problem areas requiring outside help or equipment. Please schedule meetings with your supervisors and go over this in detail. We should not wait for Federal inspectors, which we can expect, but get our plants and people in order. We can call on Stan Mooney of Woodward for any help in monitoring and measuring any dust in our plants. SDW/bjg cc: W. R. Bond Stan Mooney Johnny Dagman S. D. Weaver CAPCO JEN 0002769 f ,, \//^ / - /^ , f, W" . ___ ___ <2^ _______ ^y'y^^c.-c^c/^' J*~ /$ ti) ^>P^v-^r^~~7 ^>( ^rvofTt^i^^ g.---c^Sy^ /L*+v-^y ^^-e-c^^<` t^"-*-/^, _____________ _______ 7/^i- 7^--s'^y'f-f- ac**-*'' z^Lf /^*W>/ <*t- ____ C*-7-'y'~&;^ y-.. ^''r'^4^ \jd*. 1 yZ/hl ^*~'~T' " &/? '^*5> ..c-v ?j: mj,r. CO < /fchn-x-c^ /\JO^^poi^v-i^ ^O CAPCO JEN 0002770 im: OFFICE OF fHFOfiMATtON, WASHIHSTOK, 0. C. 20210 USDL VO- 366 (202) 961-3914 FOR RELEASE: Immediate Wednesday, June 7, 1972 OSHA ESTABLISHES NEW STANDARD FOR EMPLOYEE EXPOSURE TO ASBESTOS DUST A new standard for employee exposure to asbestos dust, limiting concentrations to 2 fibers, which are longer chan 5 micrometers, per cubic centimeter of air on a tineweighted average, effective July 1, 1976, was announced today by the Occupational Safety and Health Administration (OSHA). The current permissible time-weighted average concentration of 5 fibers of asbestos longer than 5 micrometers, established originally in an emergency temporary standard last December 7, will be continued until July 1, 1976. The standard also establishes a ceiling concentration of 10 fibers, not to be exceeded at any time. George C. Guenther, Assistant Secretary of Labor for OSHA, said the new standard was adopted after consideration of recommendations from the National Institute for Occupational Safety and Health (NIOSH) of the Department of Health, Education, and Welfare; of the OSHA Advisory Committee on Asbestos Dust, and of comnents from interested persons, including presentations in a four-day public hearing. The new standard provides the following: Acceptable concentrations -- As of July 1, 1976, time-weighted average concentrations of asbestos fibers longer than 5 micrometers will not be allowed to exceed 2 fibers per cubic centimeter of air. The current time-weighted average concentrations of 5 fibers will be permitted until July 1, 1976. - MORE - CAPCO JEN 0002771 2 Methods of compliance -- Feasible technological controls and appropriate work practices are required as the primary means of compliance. Rotation of employees to reduce their exposures is allowed only in "exceptional circumstances." Personal protective equipment, such as respirators, cannot be relied upon, in large part because such devices are so uncomfortable as to be burdensome except for short periods. The standard Includes these other compliance requirements: -- Hand tools chat may produce or release asbestos fibers in excess of the limits must be provided with local exhaust ventilation systems. -- Insofar as practicable, asbestos must be handled, mixed, applied, removed, cut, scored or otherwise worked in a wet state to reduce fiber emissions unless this would diminish the usefulness of the product. -- No asbestos cement, mortar, coating, grout, plaster or similar material contain ing asbestos can be removed from shipping bags or other containers without being either wetted, enclosed or ventilated. -- Where respirators are permitted, they must be selected from among the types approved by the Bureau of Mines or N10SH. Extensive details are given on types of respirators and conditions for their use. No employee may be assigned to a task requiring a respirator if a physician determines it would affect his job functioning or his health. -- The employer must provide and require the use of special protective clothing, change rooms, and two separate lockers for the employee's street and work clothes. The employer also must exercise care in laundering and other handling of contaminated clothing. -- External work area surfaces must be kept free of excessive accumulations of asbestos fibers. Waste must be collected in sealed, impermeable bags or other such containers. - MORE - CAPCO JEN 0002772 3 Monitoring -- Employers must establish monitoring systems to make certain every employee's exposure to asbestos fibers is below the prescribed limits. If the limits are exceeded, the employer must undertake a compliance program. Therefore, the standard also requires monitoring at intervals no longer than 6 months and gives employees or their representatives the opportunity to observe the monitoring and to have access to such records. Warning signs -- Caution signs are to be displayed in areas where asbestos concentrations may exceed the exposure limits. Caution labels must be affixed to all raw materials, mixtures, scrap, waste, debris and other products containing asbestos fibers, or to their containers. However, no label is required where asbestos has been modified by a bonding agent, coating, binder or other material that would prevent re lease of above-limit concentrations. Recordkeeping -- Employers must maintain records of personal or environmental monitoring, keep them for at least 3 years, and make them available upon request to OSHA or NIOSH. Every current and former employee is given opportunity for reason able access to any records indicating their exposure to asbestos dust. Any employee found to have been exposed at any time to airborne concentrations in excess of the limits must be notified in writing no later than 5 days after the finding, and informed as to corrective action being taken. Medical examinations -- The employer must provide, or make available at his cost, medical examinations. Within 30 days of an employee's first employment in a job involving asbestos exposure, the employer must provide a comprehensive medical examination, including a chest X-ray and pulmonary tests. By January 31, 1973, and at least annually thereafter, every employer shall provide or make available comprehensive medical examinations to employees in asbestos exposure areas. A similar examination is to be provided within 30 days before or after termination of employment. - MORE - CAPCO JEN 0002773 A Medical records -- Employers whose employees have been examined under the standard must maintain complete records of these examinations and retain them for at least 20 years. The contents of the records are to be made available for inspection and copying to the Assistant Secretary of Labor for OSHA, the Director of NIOSH, authorized physicians and medical consultants of either agency, and, upon request of an employee or former employee, to his physician. Any physician who conducts an examination under the standard must furnish the employer all information required by the standard, and any other medical information related to occupational exposure to asbestos fibers. Affected employment -- This general standard covers also employees in construction, ship repairing, shipbuilding, shipbreaking and longshoring who normally are subject to construction and maritime standards. All parts of the new standard go into effect July 7 of this year except for the reduction from 5 fibers to 2, which takes effect July 1, 1976. The standards is scheduled for publication in the Federal Register June 7. , ## CAPCO JEN 0002774 Title 29--LABOR Chopter XVH--Occupational Safety and Health Administration, Deport ment of labor PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS Standard for Exposure to Asbestos Oust On December 7, 1971, an emergency temporary standard concerning exposure to asbestos fibers was published in the Federal Register (36 F.R. 23207). In ac cordance with section 6(c) (3) of the Williams-Steiger Occuptaional Safety and Health Act of 1970. a notice of proposed rulemaking regarding a permanent standard for exposure to asbestos fibers was published in the Federal Register on January 12. 1972 <37 F.R. 466). The no tice Invited interested persons to submit both orally and In writing, data, views, and arguments concerning the proposal. On or about January 24, 1972, the Ad visory Committee on Asbestos Dust was established and requested to make writ ten recommendations with regard to the proposed standard on asbestos. On or about February 1. 1972, the Department of Health, Education, and Welfare trans mitted to the Secretary of Labor a cri teria document containing Recommenda- Note: Federal Register, Vol. 40, N'o. 103, May 26, 1975, p. 23072, announced that the OSHA standard for Exposure to Asbestos Dust was recodi fied front 1910.93a to 1910.1001. Pepnr.ted by: Asbestos Information Association North Americ^ 1660 L Street. NiW. Washington, D.C. 20036 RULES AND REGULATIONS 11318 tions for an Occupational Exposure exposure to asbestos fibers and the ap Standard for Asbestos by the National pearance of adverse biological manifes Institute for Occupational Safety and tations, such as asbestosis, lung cancers, Health (NIOSH). Public notice was given and mesothelioma, have given rise to of the receipt of the recommendations controversy as to the validity of the and their availability for Inspection and measuring techniques used and the relia copying. On _pr about February 25, 1972, bility of the relations attempted to be the Advisory Committee on Asbestos Dust established. Because of the long lapse submitted Its written recommendations of time between onset of exposure and to the Assistant Secretary of Labor for biological manifestations, we have now' Occupational Safety and Health. evidence of the consequences of exposure, Pursuant to the notice of rule making, but we do not have, In general, accurate a hearing w*as held on March 14 through measures of the levels of exposure oc 17.1972. for the purpose of receiving oral curring 20 or 30 years ago, which have data, views, and arguments concerning given rise to these consequences. There the proposed standard. On or about are also controversies concerning the March 31.1972, the presiding hearing ex relative toxicity of the various kinds of aminer certified to the Assistant Secre asbestos, end varying hazards in dif tary of Labor for Occupational Safety ferent workplaces. and Health the record of the proceeding. It is fair to say that the controversy The record includes prehearing written has centered in the area between a two- comments, a transcript of the oral pres fiber TWA concentration and five-fiber entations made at the hearing, and nu TWA concentration, with variations on merous exhibits received during the the time needed for compliance. Many course of the hearing or within the pe employers support a five-fiber TWA. riod allowed after the close of the Most medical opinion Is divided between hearing. a two-fiber standard and a five-fiber The proposed standard dealt with (1) standard. permissible concentrations of asbestos In view of the undisputed grave con fibers; (2) methods of compliance; (3) sequences from exposure to asbestos warning signs; (4) monitoring; (55 med fibers. It Is essential that the exposure be ical examinations; and (6) recordkeep regulated now, on the basis of the best ing. Each of these major proposals elic evidence available now, even though it ited comments, arguments, objections, may not be as good as scientifically de and counterproposals. They all have been sirable. An asbestos standard can be re examined and considered. evaluated in the light of the results of 1. Acceptable concentrations of asbes ongoing studies, and future studies, but tos dust. The proposed standard would cannot wait for them. Lives of employees limit occupational exposure to 8-hour are at stake. time-weighted average (TWA) airborne It is concluded that there should be concentrations of asbestos dust not ex one minimum standard of exposure to ceeding five fibers longer than five asbestos applicable to all workplaces ex micrometers per milliliter. Concentra posed to any kind, or mixture of kinds, tions above five fibers but not to exceed of asbestos. Reasons of practical ad 10 fibers (ceiling concentration) would ministration preclude a variety of stand be permitted up to 15 minutes in an hour, ards for different kinds of asbestos and but for not more than 5 hours in any one of workplaces. Also, while the evidence 8-hour day. tends to show that crocldolite. for In NIOSH in effect has recommenaed stance. is more harmful than chrysolite, that the five-fiber TWA and 10-fiber the evidence is not sufficient to establish peak concentrations be permitted only separate standards for varieties of for 2 years; thereafter, TWA concentra asbestos. tions should be not more than 2 fibers Because there must be one standard per cubic centimeter (cm.*) of air, and governing exposure to all varieties of peak concentrations should not exceed 10 asbestos, and in workplaces apparently fibers/cm.', with no time restriction. more hazardous than others; because Numerous objections and counterpro some present employees with regular ex posals have been made, with regard to posure to asbestos have probably al both the limits of asbestos fiber concen ready accumulated great doses of asbes trations and the time periods to comply tos fibers, due to higher levels of ex with them. Some, for example, have rec posure in the past; because it appears ommended return to a 12-fiber standard that levels of exposure which may be of an earlier day; i.e., a level adopted safe with regard to asbestosis are not under the Walsh-Healey Public Con safe with regard to mesothelioma; be tracts Act in 1969. Others have recom cause the statute requires the protection mended a two-fiber standard to become of every employee, even of one who may effective in 6 months, then a one-fiber have regular exposure to asbestos during standard for 2 years, and finally a zero- a working life which may reach, or even fiber standard after 3 years. These rec exceed, 40 years; and because of several ommendations give a fair indication of other considerations which have been the wide spread of the counterproposals. urged and are reflected in the record of No one has disputed that exposure to the proceeding, the conflict in the medi asbestos of high enough intensity and cal evidence is resolved in favor of the long enough duration is causally related health of employees. As of July I, 1976, to asbestosis and cancers. The dispute is TWA concentrations of asbestos fibers as to the determination of a specific level longer than 5 micrometers will not be below which exposure is safe. Various allowed to exceed two fibers/cc., with a studies attempting to establish quantita celling value of 10 fibers/cc. The current tive relations between specific levels of TWA concentrations of five fibers, end FEDERAL REGISTER, VOL. 37, NO. 110--WEONESDAY, JUNE 7, 1472 CAPCO JEN 0002775 RULES AND REGULATIONS 11319 celling concentrations of 10 Cbers/cc, fibers, so that these would not be released 6. Records. The standard, as proposed *111 be permitted until July 1, 1876, dur In the normal use of the products, should and as adopted, requires maintenance of ing what will be a transitional period not be required to be labeled; and (2> records of monitoring and of medical deemed necessary to allow employers to words such as "danger" and "cancer" are examinations. Most of the controversy in make the needed changes for coming unwarractedly alarming. this area has revolved around the ques Into compliance with the more stringent Both contentions have merit, and the tion whether an employer should be al standard. The record shows that the many work standard has been changed accordingly. 4. Monitoring. The proposed standard lowed to have access to the results of the required medical examinations. The operations subject to the single asbestos would have required personal monitor apprehension of those who have argued standard (textile, manufacturing, indus ing and environmental monitoring. against employer access is based on the trial, and marine installation, etc.) will Many issues have been raised concerning expectation that some employers will use meet yarying degrees of difficulty In the availability and reliability of meas the medical examinations as a means of complying with the standard. In some uring instruments, frequency of moni screening employment applicants, and plants, extensive redesign and reloca toring. and conditions in which monitor worse, as grounds for discharging current tion of equipment may be needed. It ap ing should be required. The adopted employees, who show signs of being af pears. however, the delay In the effective standard takes the objections Into con fected by exposure to asbestos. Since the date of the two-fiber standard will pro sideration. It requires periodic monitor purpose of the medical examinations Is vide all employers a reasonable time to ing at intervals no longer than 6 months, to monitor the health of employees ex comply. At the same time, so long as the thus allowing considerable time and dis posed to the hazards of abestos, em celling limit is compiled with, no harm cretion, and prescribes the use of the ployees cannot in reason be granted the is reasonably expected to result from ex membrane filter method, which is an ac privilege of refusing to disclose to their posures during the transitional period. ceptable method for determination of employers results of occupational expo 2. Methods oj compliance. It has been pointed out by many persons, that pro tection 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 techno logical controls and appropriate work practices as the primary means of com pliance. 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 im plement. Personal protective equipment, such as respirators, cannot be relied upon because, among other reasons, they may be so uncomfortable as to be bur densome. except for short periods of time. Therefore, it Is expected that res pirators and shift rotation will be used 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 pro posal has attracted many objections and also many helpful comments. The recom mendations of NIOSH and of the Advi 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 ex amined and as to the frequency of the examinations. The adopted standard requires medical examinations both at the beginning and sure. It does not make sense to require employers to provide medical examina tions if they cannot know and use the results of the examinations. For these reasons the standard provides that em ployers may have a restricted access to some medical information. On the other hand, there is 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 adop during the period necessary to install en gineering controls and to train employ ees In sound work practices, but, after technological compliance has been achieved, their use must be limited to the termination of employments exposed to concentrations of asbestos fibers, and also requires annual medical examina tions of every employee, exposed to air borne concentrations of asbestos. It has tion needs no exposition here. Other recommendations and many objections have not been adopted for a variety of reasons which should be manifest. Sev eral, for instance, have recommended special work situations and emergencies. Where both are practicable, shift rota tion Is required. 3. Z^Gbelinff. The proposed standard stopped short of requiring labeling as bestos and asbestos-containing products. The proposed standard would have re 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 the use of respirators only pursuant to a variance, or in cases of emergency and occasional short-term exposures. The recommendation with respect to vari ances undoubtedly has many merits, but Is considered administratively Im quired only warning signs at locations in accordance with the standard within practical. where asbestos hazards are present. the post year. Accordingly, after consideration of the However, labeling, rather than warning signs, has proved to be a point of con troversy. Both NIOSH and the Advisory Committee on Asbestos Dust recom mended labels for asbestos products and One question which has been raised goes to whether the employer or the em ployee should be allowed to choose the examining physician. The standard gives the option to the employer. Since whole record of the proceeding, and pursuant to sections 6 (b) and (c) and 8(c) of the WlUiaras-Stelger Occupa tional Safety and Health Act of 1970 (64 containers, and these recommendations some employers already have a medical Stat. 1593, 1596, 1599; 29 UB.C. 655. became very controversial in the course examination program In operation, and, 657), 29 CFR 1910.4, and to Secretary of of the proceeding. Many counterpro proposals have been made as to the lan guage of the warning as well as to the products to be subject to the labeling requirements. Employers, in general, also, have medical departments with some expertise in the diagnosis of abes- tos-related diseases, it seems more reasonable to permit them to utilize the present programs and expertise, than to Labor's Order No. 12-71 (36 Fit. 8754), Fart 1910 of Title 29 of the Code of Fed eral Regulations Is amended as set forth below. strongly contend that (1) finished prod permit an employee to choose a private ucts which effectively entrap asbestos general practitioner. FEDERAL KEGI'TER, VOL 37, NO. 110--WEDNESOAY, JUNE ! CAPCO JEN 0002776 11320 RULES AND REGULATIONS 1910.1001 Asbestos. (U) Particular products and opera respirator, or a respirator described In (a) Ee/inilions. For the purpose of this section. (1> "Asbestos" Includes chrysotlle, amosite, crocidolite, tremolite. anthophyllite, and actinollte. (2) "Asbestos fibers" means asbestos fibers longer than 5 micrometers. (b) Permissible exposure to airborne concentrations of asbestos fibers--(1) Standard effective July 7, 1972. The 8-hour time-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 pre scribed In paragraph (e) of this section. (2) Standard effective July 1, 1$76. The 8-hour time-weighted average air borne concentrations of asbestos fibers to which any employee may be exposed shall not exceed two fibers, longer than 5 micrometers, per cubic centimeter of tions. No asbestos cement, mortar, coat ing, 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. (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) (ill) of this section and with special clothing in ac cordance with paragraph (d) (3) of this section. subdivision (111) of this subparagraph, shall be used to reduce the concentra tions of airborne asbestos fibers In the respirator below the exposure limits pre scribed in paragraph (b) of this section, when the celling or the 8-hour timeweighted average concentrations of asbestos fibers are reasonably expected to exceed 10 times, but not 100 times, those limits. (Ul) Type "C" supplied-air respirators, continuous flow or pressure-demand class. A type "C" continuous flow or pres sure-demand, supplied-air respirator shall be used to reduce the concentra tions of airborne asbestos fibers in the respirator below the exposure limits pre scribed in paragraph (b) of this section, when the ceiling or the 8-hour timeweighted average airborne concentra tions of asbestos fibers are reasonably expected to exceed 300 times those limits. air, as determined by the method pre (d) Personal protective equipment-- (iv) Establishment of a respirator pro scribed In paragraph (e) of this section. (1) Compliance with the exposure limits gram. (a) The employer shall establish (3) Ceiling concentration. No em prescribed by paragraph (b) of this sec ployee shall be exposed at any time to tion may not be achieved by the use of airborne cencentrations of asbestos respirators or shift rotation of em fibers in excess of 10 fibers, longer than ployees, except: 5 micrometers, per cubic centimeter of (1) During the time period necessary air, as determined by the method pre to install the engineering controls and scribed in paragraph (e) of this section. to institute the work practices required <c> Methods of compliance--(1) En by paragraph (c) of this section; gineering methods. (1) Engineering con 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 prescribed in paragraph (b) of this section. <ii) In work situations in which the methods prescribed in paragraph (c) of this section are either technically not feasible or feasible to an extent insuffi cient to reduce the airborne concentra tions of asbestos fibers below the limits prescribed by paragraph (b) of this a respirator program in accordance with the requirements of the American Na tional Standards Practices for Respira tory Protection, ANSI Z88.2-1969, which is incorporated by reference herein. b. See fi 1910.6 concerning the avail ability of ANSI 288.2-1969 and the main tenance of an historic file in connection therewith. The address of the American National Standards Institute is given in S 1910.100. (c) No employee shall be assigned to tasks requiring the use of respirators If, based upon his most recent examination, an examining physician determines that <ii> Local exhaust ventilation, (a) section: or the employee will be unable to function Local exhaust ventilation and dust col lection systems shall be designed, con structed. installed, and maintained in accordance with the American National Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems. ANSI 29.2-1971, which Is in corporated by reference herein. (lii) In emergencies. (iv) Where both respirators and per sonnel rotation are allowed by subdivi sions (1), (ii), or (ill) of this subpara graph. and both are practicable, person nel rotation shall be preferred and used. (2) Where a respirator is permitted by (b) See 51910.6 concerning the avail ability of ANSI Z9.2-1971, and the maintenance of a historic file in connec tion therewith. The address of the Amer ican National Standards Institute is given in 5 1910.100. riil) Farttcttfar tools. All hand-op erated and power-operated tools which may produce or release asbestos fibers 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 (ID of this subparagraph. (2) Work practices--(1) 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. subparagraph (1) of this paragraph, It shall be selected from among those ap proved bv the Bureau of Mines, Depart ment of the Interior, or the National In stitute for Occupational Safety and Health. Department of Health, Educa tion. and Welfare, under the provisions of 30 CFR Part 11 (37 Fit, 6244, Mar. 25. 3972), and shall be used In accordance with subdivisions (1), (li), (ill); and (iv) of this subparagraph. (i) Air purifying respirators. A reusa ble or single u*e air purifying respirator, or a respirator described In subdivision (ii) or (lii) of this subparagraph, shall be used to reduce the concentrations of airborne asbestos fibers In the respirator below the exposure limits prescribed in paragraph (b) of this section, when the ceiling or the 8-hour time-weighted aver age airborne concentrations of asbestos fibers are reasonably expected to exceed no more than 10 times those limits. (ii) Powered air purifying respirators. A full facepiece peered air purifying respirator, or a powered air purifying 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 po sition whose duties he is able to perform with the same employer, in the same geo graphical area and with the same senior ity. 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 em ployee 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 ex cess of the exposure limits prescribed in paragraph (b) of tills section, the em ployer shall provide change rooms for employees working regularly at the place. Ml) Clothes lockers: The employer shall provide two separate lockers or con tainers for each employee, so separated or isolated as to prevent contamination of the employee's street clothes from his work clothes. FEDEKAl KEGISTEt, VOL 37, NO. 110--WEDNESDAY, JUNE 1 CAPCO JEN 0002777 RULES AND REGULATIONS 11321 <ili> Laundering: (a) Laundering of After the initial determinations required labels required by subdivision (1) of this asbestos contaminated clothing shall be by subparagraph (1) of this paragraph, subparagraph shall be printed in letters done so as to prevent the release of air samples shall be of such frequency and of sufficient size and contrast as to be borne asbestos fibers in excess of the ex pattern as to represent with reasonable readily visible and legible. 'Hie label shall posure limits prescribed In paragraph (b> accuracy the levels of exposure of the state: of this section. employees. In no case shall sampling be Caution (b> Any employer who gives asbestos- at intervals greater than 6 months for Contains Asbestos Fibers 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 para graph (b) of this section. (c> Contaminated clothing shall be employees whose exposures to asbestos may reasonably be foreseen to exceed the exposure limits prescribed in para graph (b) of this section. (4) Employee observation of monitor ing. Affected employees, or their rep resentatives, shall be given tt reasonable opportunity to observe any monitoring Avoid Creating Dust Breathing Asbestos Dust May C*"e Serious Bodily Harm (h) Housekeeping--(l) Cleaning. All external surfaces in any place of employ ment shall be maintained free of accu mulations of asbestos fibers if, with their transported In sealed impermeable bags, or other closed, Impermeable containers, required by this paragraph and shall have access to the records thereof. dispersion, there would be an excessive concentration. and labeled in accordance with para (g) Caution signs and labels. (1) Cau (2) Waste disposal. Asbestos waste, graph (g) of thissectlon. tion signs, (i) Posting. Caution signs scrap, debris, bags, containers, equip (e) Method of measurement. All de shall be provided and displayed at each ment. and asbestos-contaminated cloth terminations 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--(1) /niftoJ determi- location where airborne concentrations of asbestos fibers may be in excess of the exposure limits prescribed in paragraph (b) of this section. Signs shall be posted at such a distance lrom such a location so that an employee may read the signs and take necessary protective steps be ing. consigned for disposal, which may produce In any reasonably foreseeable use, handling, storage, processing, dis posal. or transportation airborne concen trations of asbestos fibers In excess of the exposure limits prescribed in paragraph (b) of this section shall be collected and nations. Within 6 months of the publi fore entering the area marked by the disposed of In sealed impermeable bags, cation of this section, every employer shall cause every place of employment where asbestos fibers are released to be monitored in such a way as to determine whether every employee's exposure to asbestos fibers Is below the limits pre scribed in paragraph (b) of this sec tion. If the limits are exceeded, the em ployer shall Immediately undertake a compliance program in accordance with paragraph (c) of this section. (2) Personal monitoring--(l) Sam ples shall be collected from within the breathing zone of the employees, on membrane filters of 0.6 micrometer porossity mounted in an open-face filter holder. Samples shall be taken for the determination of the 8-hour timeweighted average airborne concentra tions and of the ceiling concentrations of asbestos fibers. <ii) Sampling frequency and patterns. After the initial determinations required by subparagraph (1) of this paragraph, samples shall be of such frequency and pattern as to represent with reasonable accuracy the levels of exposure of em ployees. In no case shall the sampling be done at intervals greater than 6 months for employees whose exposure to asbestos may reasonably be foreseen to exceed the limits prescribed by paragraph (b) of this section. <3> Environmental monitoring--(1) 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 of 0,8 micrometer porosity mounted in an open-face filter holder. Samples shall be taken for the determination of the 8hour time-weighted average airborne concentrations and of the celling con centrations of asbestos fibers. <ii) Sampling frequency and patterns. signs. Signs shall be posted at all ap proaches to areas containing excessive concentrations of airborne asbestos fibers. <li) Sign specifications. The warning signs required by subdivision (l) of this subparagraph shall conform to the re quirements of 20" x 14" vertical format signs specified in 5 1910.145(d)(4), and to this subdivision. The signs shall dis play the following legend in the lower panel, with letter sizes and styles of a visibility at least equal to that specified In this subdivision. Legend asbestos__________ Dust Hazsrd. Avoid Breathing Dust... Wear Assigned Protective Equipment. Do Not Remain In Area Unless Tour Work Re quires Xt. Breathing Asbestos Dust Mag Be Bazardb'tt* To Your Health. Rotation 1" Sadi Serif. Oo thlc or Block. Sans Serif. Gothic or Block, Gothic. /i" Gothic. Gothic. 14 point Gothic. Spacing between lines shall be at least equal to the height of the upper of any two lines. (2) Caution labels--(i) Labeling. Cau tion labels shall be affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing asbestos fibers, or to their containers, except that no label Is required where asbestos fibers 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 concentra tions of asbestos fibers in excess of the exposure limits prescribed In paragraph (b> of this section will be released. (ii) Label specifications. The caution or other closed. Impermeable containers. (i) Recordkeeping--<1> Exposure rec ords. Every employer shall maintain rec ords of any personal or environmental monitoring required by this section. Rec ords shall be maintained for a period of at least 3 years and shall be made avail able upon request to the Assistant Secre tary of Labor for Occupational Safety and Health, the Director of the National Institute for Occupational Safety and Health, and to authorized representa tives of either. (2) Employee access. Every employee and former employee shall have reason able access to any record required to be maintained by subparagraph (1) of this paragraph, which indicates the em ployee's own exposure to asbestos fibers, (3> Employee notification. Any em 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 (b) 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. (j> Medical examinations--(1) Gen eral. The employer shall provide or make available at his cost, medical examina tions relative to exposure to asbestos re quired by this paragraph. (2) Preplacement. The employer shall provide or make available to each of his employees, within 30 calendar days fol lowing his first employment in an occupation exposed to Urborne con centrations of asbestos fibers, a compre hensive medical examination, which shall include, as a minimum, a chest roent genogram (posterior-anterior 14 x 17 Inches), a history to elicit symptom atology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV,,). FEOERAl REGISTER, VOL 37, HO. U0--WEONESDAY, JUNE 7, 1972 \ CAPCO JEN 0002778 11322 RULES AND REGULATIONS (3) Annual examinations. On or be fore January 31. 1973, and at least an nually thereafter, every employer shall protide, or make available, comprehen sive medical examinations to each of his employees engaged in occupations ex posed to airborne concentrations of as bestos fibers. Such annual examination shall Include, as a minimum, a chest roentgenogram (posterior-anterior 14 x 17 Inches), a history to elicit symptom atology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEVi ). (4) Termination of employment. The employer shall provide, or make avail able. within 30 calendar days before or after the termination of employment of any employee engaged in an occupation exposed to airborne concentrations of asbestos fibers, a comprehensive medical examination which shall include, as a minimum, a chest roentgenogram (pos terior-anterior 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 (FEVj >. (5) Recent examinations. No medical examination is required of any em ployee. if adequate records show that the employee has been examined in ac cordance with this paragraph within the past 1-year period. (6) Medical records--(i) .Mainte nance. Employers of employees examined pursuant to this paragraph shall cause to be maintained complete and accurate records of all such medical examina tions. Records shall be retained by employers for at least 20 years. <ii) Access. The contents of the rec ords of the medical examinations 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 physi cians and medical consultants of either of them, and, upon the request of an em ployee or former employee, to his physi cian. Any physician who conducts a medical examination required by this paragraph shall furnish to the employer of the examined employee all the infor mation specifically required by this paragraph, and any other medical In formation related to occupational ex posure to asbestos fibers. 1910.19 Special provisions for air contami nants. la) Asbestos dust. Section 1910.1001 shall apply jo ihe exposure of every employee to asbes tos dust in e\cr> employment and place of em- plosmcm covered bv 1910.12. 1910.13. 1910.14, 1910.15. or 1910.16. m lieu of any different standard on exposure to asbestos dust which would otherwise be applicable by vir tue of any of those sections Note. Following delines additional occupational areas affected by section 1910.19 abo\ c: 1910 12--Construction Work (construction, al teration. and'or repair, including painting and decorjtingl ! 910 I /--Ship Repairing 1910.14 --Shipbuilding 1910 15--Shirbreaking 1910 16--Longshonng FEDERAL REGISTER, VOL. 37, NO. 110--WEDNESDAY, JUNE 7, 1972 1 CAPCO JEN 0002779