Document V3OoDd0k3pKXLG0bpOG8XXavq

zee G. Page. Jr. - E n. W. .CuiFeppeX'-- s S-1154 j N-I14CC tiler y s. R E. I. du Pont de Nemours & Company H*ri'nan&ijcTcmrn - LLeegal T. J. Nelson - E R - RSQ-148 Wilmington. Delaware 19898 S. W. Dixon - E R - N-11508 Mr. Earl Shoub, 5850 Meridian Rd., LEGAL DEPARTMENT y r= Suite 2C2C, Gibsonia,PA 15044 / OSHA Docket Office Docket H-049 t Room N3670 Third Street and Conetitution Avenue, N.w. Washington, DC 202X0 Dear Sir: Docket H-049 The Occupational Safety and Health Administration recently distributed a working draft of a proposed rulemaking on. respiratory protection (Proposal). The stated purpose of this rulemaking is to update the present standard in 29 CFR 19X0.134. Z. I. du Pont de Nemours and Company (Du Pont) submitted comments to the Advance Notiee of Proposed Rulemaking on respiratory protection issued by OSHA on May 14, 19S2 and continues to have a keen interest in these proceedings. In this regard, Du Font submits these comments to the Proposal for consideration by the Administration. Du Pont agrees with the Administration that the present standard which was adopted in 1971 is outdated and in need of revision. However, we believe that the Proposal proposed by OSHA needs substantial revision to best reflect the currant data and knowledge on respirators. First, we would like to clarify Du Font's position on several matters. Du Font's position on control methodologies is to maintain each employee's personal vork environment at a safe exposure level. This shall be accomplished by cost effective engineering controls, augmented as necessary by personal protective equipment and/or work practice controls. Augmentation of engineering controls with respirators may be required where engineering controls are not feasible or are not capeble of reliably reducing concentrations below exposure limits, where ether controls are being implemented, and for unusual events, e.g., emergencies. With the continual reduction of exposure limits, circumstances where respiratory protection is needed will become mere prevalent. The safe option in such situations is not engineering controls ax. personal protective devices, but engineering controls and personal protective devices. DUP 0909924 DU 029027 -2 - 4 With the circumstances requiring the use of personal protective devices on the rise, nore effort is warranted in studying, their performance, preferably during actual workplace use. Zt is to this end that we are directing our research efforts at considerable cost. We are happy to share our findings with other health professionals and regulatory agencies. Hopefully, our efforts and these of others will result in a better understanding of the capabilities and limitations of personal protective devices toward the goal of continually improving health protection. Secondly, Du Font's position on studies we have submitted to the docket have not been presented accurately in the Proposal. Our lead and asbestos respirator studies which were submitted to the docket and are referenced in your draft1, support an assigned protection factor of tan for half mask negative pressure respirators for which a qualitative fit test has been performed. The studies do not support a higher assigned protection factor when quantitative or current qualitative fit tests are used. Beyond the treatment of information submitted by Du Pont', the Proposal does not reflect an objective consideration of all evidence and data which has been submitted to the Administration. For example, the Lenhart and Campbell workplace protection factor study 2 was heavily relied upon by OSHA to set en assigned protection factor of 25 for half mask respirators when quantitative fit testing is used. On the ether hand, that name study was disregarded by OSHA in establishing assignsd protection factors for powered air purifying respirators. Thera are other instances where pertinent data has been disregarded in favor of studies whose validity is questionable, rive studies 3 in the record present data on the performance of powered air purifying respirators in the workplace. That data was passed over in favor of laboratory (qualitative fit testing) data despite the recent work being conducted by KIOSH and others that casts doubt on the results that are obtained by quantitative fit testing. OSKA permits the assignment of higher protection factors based on quantitative fit testing despite ite observation that: "Much controversy has been associated with the use of fit factors as determined by fit testing. Because of the uncertainties involved, OSHA takes the position that the only function a fit test can unequivocally perform is to determine whether the best-fitting respirator provides a certain minimally acceptable fit. The fit test cannot determine what level of protection is actually afforded by the respirator in the workplace". 4 DUP 0909925 DU 029028 -3 - Finally, wa ramind tha Administration that many othar groups ara currantly working to updata or writa naw standards with ragard to raspiratory protaction. ANSI has two coamittaas, tha Z88.2 working on tha ganaral raspiratory protaction and Z88.10 on fit tasting. ORC has just published a draft standard and tha American Industrial Hygiene Association is providing guidance to tha hygiene community through its raspiratory protection committee on quantitative fit tast procedures, a respirator decision logic and many othar specific topics. These groups have participation by many professionals who ara outstanding in tha field of raspiratory protection, it is important to note that these groups have quite different views from thosa expressed by OSKA in tha Proposal. He believe that the position of these professional groups should figure prominently in a revised respiratory protection standard. Attached are specific comments on various portions of tha draft proposed standard. Also enclosed are comments and additional data on our workplace protection factor study on half mask respirators in asbestos-containing atmospheres. This data should be considered along vith the preliminary information which was submitted to the asbestos docket (Docket No. H-0336). Very truly_yours, ' JTWiemk ' y * Att. af a1 r* r-* James T. Williamson Attorney Environment Division \ DUP 0909926 DU 029029