Document X8oLrKkNx7M59p9qYLnqOKKjR

U.S. Department of Labor Occupational Safety and Health Administration Washington, D.C. 20210 Reply to the Attention of: MAR 2 0 1985 Mr. William N. Hall Attorney Cleary, Gottlieb, Steen <3c Hamilton 1752 N. St., N.W. Washington, D.C. 20036 Representing: American Cyanamid Company - Polymer Products Division Dear Mr. Hall: Enclosed is a copy ol the Federal Register notice dated March 15, 1985, granting American Cyanamid Company a temporary variance from Section 1910.1025 (kXlXiXD) concerning the 50 ug/lOOg Medical Removal Trigger Level, of the Standard for Occupational Exposure to Lead. In accordance with 29 CFR Part 1905.10(cX3), the affected supervisory,mainte nance and skilled employees and their authorized employees' representative shall be notified of the grant of variance in the same manner they were informed of the Federal Register notice granting the interim order. The temporary variance became effective on March 7, 1985, and shall remain in effect until September 1, 1985, unless otherwise revoked. Sincerely, /JcOames 3. jCbhcannon (/ Director Office of Variance Determination Enclosure CYWI 3-OOlXlO N14522 10550 3 Federal Register / Vol. 50, No. SI / Friday, March 15. 1985 / Notices A certification was issued covering all workers separated on or after November 14.1983 and before January 31.1885. TA-W-1S.608; Levi Strauss & Co,, Arkodelphia. AJt A certification was issued covering all workers separated on or after November 14.1983 and before January 31.1985. TA-W-15,679; Johnson Camping. Inc., Walton, NY A certification was issued covering all workers separated on or after December 3.1983 and before February 15.1985. TA-W-15,625; Airco Welding Products. Fil/ermetals Plant, Sparrows Point, 'MD A certification was issued covering all workers separated on or after October 1. 1983. 1 hereby certify that the aforementioned determinations were issued during the period February 28. 1985-March 1.1985. Copies of these determinations are available for inspection in Room 6434, U.S. Department of Labor. 601 D Street. NW., Washington. D.C. 20213 during normal business hours or will be mailed to persons who write to the above address. Dated: March 5.1885. Manic M. Fooks, Director. Office ofTrade Adjustment Assistance. [FR Doc. 6258- Filed 3-14-65; 6:45 am] WLUNC COOt Occupational Safety and Health Administration - IV-64-4] Temporary Variances From Final Trigger Level for Medical Removal Protection Under the Standard for Occupational Exposure to Lead a g en c y ; Occupational Safety and Health Administration. Labor. a c t io n : Grant of Temporary Variances. s u mmar y ; This notice announces the grant of temporary variances to 28 plants for the final trigger level for medical removal protection, under the standard for Occupational Exposure to Lead (?9 CFR 19in.i025(k)0)(n(D)J. The va-'ar.iss temporarily relieve the affected employers of the requirement to comply with the 50 pg. of lead pertOOg of blood removal trigger under the lead standard. As a condition of the granted relief, the employers must continue to comply with the 60/40 removal and return triggers and all other provisions of the lead standard and must satisfy the conditions and requirements of the variance order. This relief applies only to the affected supervisory, maintenance and skilled production employees referred to in the 28 applications for temporary variances. U.S. Department of Labor--OSHA. 32nd Floor. Room 3244, 230 South Dearborn Street Chicago. Illinois 60604 * U.S. Department of Labor--OSHA. 1400 d at es : The effective date of the grant of Torrence Avenue. 2nd Floor. Calumet temporary variances is March 7.1985. City. Illinois 60409 The expiration date of the temporary U.S. Department of Labor--OSHA. 6000 variances is September 1.1985. West Touhy Avenue, Niles. Illinois FOR FURTHER INFORMATION CONTACT: 60648 James J. Concannon. Director. Office of U.S. Department of Labor--OSHA. 344 Variance Determination. Smoke Tree Business Park, North Occupational Safety and Health Aurora. Illinois 60542 Administration. U.S. Department of U.S. Department of Labor--OSHA. Labor, Third and Constitution Federal Office Building. Room 4028. Avenue. NW., Rm. N-3656, 550 Main Street Cincinnati. Ohio Washington. D.C 20210, Telephone: 45202 (202)523-7193 U.S. Department of Labor--OSHA, or the following Regional and Area Offices: Federal Office Building, Room 899. 1240 East 9th Street Cleveland. Ohio 44199 U.S. Department of Labor--OSHA. 1515 U.S. Department of Labor--OSHA. Broadway (1 Astor Plaza). Room 3445, New York. New York 10036 U.S. Department of Labor--OSHA. 90 Church Street Room 1405, New York, New York 10007 U.S. Department of Labor--OSHA. Gateway Building. Suite 2100,3535 Market Street Philadelphia. Pennsylvania 19104 U.S. Department of Labor--OSHA. Room 242. U.S. Customs House, Second & Chestnut Street Philadelphia. Pennsylvania 19106 U.S. Department of Labor--OSHA, Penn* Place, Room 2005,20 North Pennsylvania Avenue. Wilkes-Barre, Pennsylvania 18701 . U.S. Department of Labor--OSHA, Federal Building. Room 2236,1000 Liberty Avenue, Pittsburgh. Pennsylvania 15522 U.S. Department of Labor--OSHA. Progress Plaza, 49 North Progress Avenue, Harrisburg. Pennsylvania U.S.PO 6 Courthouse. Room 422. 46th East Ohio Street Indianapolis, Indiana 48204 U.S. Department of Labor--OSHA. Henry' S. Reuss Building. 310 West Wisconsin Avenue. Suite 1180. Milwaukee. Wisconsin 53203 . U.S, Department of Labor--OSHA. 555 Griffin Square Building. Room 602. Dallas. Texas 75202 U.S. Department of Labor--OSHA. 1425 West Pioneer Drive. Irving, Texas 75061 U.S. Department of Labor--OSHA. 611 East 6th Street Room 303, Austin, Texas 78701 U.S. Department of Labor--OSHA. Savers Building. Suite 828, 320 West Capitol Avenue. Little Rock. Arkansas 72201 U.S. Department of Labor--OSHA. Hoover Annex. Suite 200.2156 Wooddale Boulevard. Baton Rouge. 17109 U.S. Department of Labor--OSHA. 850 Louisiana 70806 U.S. Department of Labor--OSHA. 911 N. 5th Street, Allentown. Pennsylvania 18102 U.S. Department of Labor--OSHA. 1375 Peachtree Street NE.. Suite 587. Atlanta, Georgia 30367 Walnut Street Room 406, Kansas City. Missouri 64106 U.S. Department of Labor--OSHA. 1150 Grand Avenue. 6th Floor. Room 606. Kansa* City. Missouri 64106 U.S. Department of Labor--OSHA. SUPPLEMENTARY INFORMATION: Building 10--Suite 33. La Vista Perimeter Office Park. Tucker, Georgia 30064 U.S. Department of Labor--OSHA, Todd Mall. 2047 Canyon Road. Birmingham. Alabama 35216 U.S. Department of Labor--OSHA. 951 Government Street--Suite 502. Mobile, Alabama 36604 I.Background Under the medical removal protection (VOIP) provision of the lead standard, (29 CFR 1910.1025(k)), employers are required to j amove an employee from work having and exposure to ui o< above the action level of 30 microgra-ns of lead per cubic meter of air (30 pg/m*l, U.S. Department of Labor--OSHA. if the employee's blood lead level is at Federal Building. Room 302. 299 East or above the specified medical removal Broward Boulevard. Fort Lauderdale. trigger. The employee must be kept on Florida 33301 temporary medical removal until the U.S. Department of Labor--OSHA. 700 employee's blood lead level has Twiggs Street Room 624, Tampa. declined to or below the return trigger. - Florida 33602 Employees are guaranteed full wages CYWI 3-001 Hi N14522.01 Federal Register f VoL 50, No. 51 / Friday* Marcii 15* 1985 / Notices 10531 and benefits throughout the-duration oF Relief from the 50-ug/lOOg-removal the removal period generally to a trigger war originally sought by 125 maximum of 18 months employers. Of the 125 employers, 28 The purpose of the MRP provision is failed to submit sufficient data to to provide temporary medical removal establish a need, 13 were referred ta the protection to workers who are at risk of appropriate States with approved sustaining material impairment to health- occupational safety and health plans* from continued exposure to lead. The and 12 are not being granted relief at standard specifies four removal and three return trigger levels- These levels were phased in ovee s five-yesr period. Phase ooe required removal of employees having blood levels at or ' above 80 micrograma of lead period grams of whole blood (60pg/l00g) and allowed return whenblood leadlevels decline ta 60 micrograms of lead pec 100 grams of whole blood (80 jig/lOOgJ. . Phase one expired March 1* 1972. Phase two required removal at7f}jig/lQ0g and permitted return at 50 Mg/lOOg- Phase two expired March 1.19d<X Phase three: required removal at 6Q yg/lOOg and authorized return at 40 jig/lOOg. Phase three expired March i. 1981. The fourth and final phase requires removal at 5(1 pg/lOOg and allows return at 40 wj/tQG^ The first three medical removal triggers--the 80,70* and60 jig/lOQg triggers--would require removal of an employee after periodic and follow-up blood sample tests indicate that the employee's blood lead is at or above the specified trigger. The fourth removal, trigger, however, requires the removal of an employee whenever the average of the last threeblood testa or the average of all blood teste taken over the previoue six months, whichever is longer, is at oc above 50 /ig/l00g. An employee need not be removed under the terms of the 50 pg/lOOg trigger whenever the employee's most recentblood test results indicate at blood lead level of40 Mg/100g or below. Under the terms of the standard the 60 and 50 Hg/l00g removal triggers are concurrently In effect Thus* an this time. Four of the remaining five employers submitted applications 5t error, and cne has been withdrawn. Of that number, only 67 were considered appropriate for reliefat that time. TheempFoyers submitted application* for a temporary variance and an interim order with supporting data to indicate th8f 18 percent or more of their total skilled lead-exposed employees would require removal under the 50 jtg/lOOg trigger Based on those data, and the additional data generated during discussions with the employer* and during variance investigations conducted at 12 of the affected plants; OSHA decided to grant an interim order to 65 of the 67 employers (two employers no longer needed this relief). The interim order became effective for 48 employers on September 2.1983; for one employer on September 20,1983; for nine employers on October 17,1983; and for seven employers on August 24,1984. Notice of the application* for temporary variances and of the grant of Interim orders was published in the Federal Register on August 24.1984 (49 FR 33757). Since the grant of the interim order to 65 plants. 34 have ceased to need the relief, two have closed and one plant requires further evaluation. Included in the tenninatfon of the relief were the following six employer* who were listed Is the August 24,1984 Federal Regular publication: Exide Corporation. 2001 tee High Street Allentown, Pennsylvania 18103 Exide Corporation. 2510 North employee must be removed when the employees's blood lead test results average 50 pg/lOOg or higher or when the employee's blood lead level Is confused by a follow-up sample (within two weeks of the receipt of the results of the first test) to be Wug/tOOg or higher. On March 1.1983, the 50 pg/TOOg MRP Boulevard. Raleigh* North Caroline 27604 Exide Corporation. U.S. Highway 15. Sumter, South Carolina 29150 GNB Batteries Inc. 11331 Satellite Boulevard Orlando, Florida 3280? GNB Batterie* Inc, 2800 Carrol Avenue, Lynchburg; Virginia 60901 removal trigger level became effective. . New Cattle Battery Manufacturing Based on the date that End bees Company, 3601 Wilmington Road submitted in support of earfier request* New Castle, tamsylvania 1S105 for temporary variance from the 80/40 The employer* also had requested ^g/lOOg MRP trigger levels (46 FR 3789T. relief from the 40 fig/WOg return trigger July 23.198lf and 48 FR 4062; January 28. (29 CFR 19T0.1025(k)(l)(iii)(A)(3)L Th* 1983j. the lead rulemaking record employers claim that die 40 return (OSHA Docket No-. H-004J. the judicial trigger is infeasible because theTengtSr history of the lead standard and survey* of time required for blood lead levels ta of Tead industries. OSHA recognized decline below 40 is longer than that the 50 >ig/10g MRP removal trigger anticipated by OSHA. Theirconcern* was likely to-pose feasibility problems focus particularly on long-tenured for many plants.- employees. Based cm the evidence to date, however, OSHA concluded that the data are insufficient to support the claim of in/easibility and denied the requests for interim orders providing relief from the 40 >ig/l)0g return trigger (49 FR 33757s. August 24.1964). The interim order granted temporary relief to each employer from the requirement to comply with iheso-pg/ lOOg removal trigger level As a condition of the reliet the employers were required to continue to comply with the 60/40 pg/lOOg removal and return triggers and all other provision* of the lead standard and to satisfy the conditions and requirements of the interim order. The names and addresses of the 28 plants that have continued to operate under the interim order, which are now being granted temporary variance* are: Secondary Smelters Franklin Smel ting & Refining Corporation, Castor Avenue East of Richmond Street, Philadelphia* Pennsylvania 19134 GNB Batteries Inc- South 5th Street, Frisco. Texas 75034 General Battery Corporation, Spring Valley Road. Reading. Pennsylvania 19603- Gulf Coast Lead Company. 1910 N. 66tfr Street, Tampa. Florida 33619 ILCO, Inc, Dunnanant Road, Leeds. Alabama 35094 Inland Metal* Refining Company, 651 East 119th Street, Chicago, IBlnoi* . 60628 Master Metals, Ihc.. 2850 West 3rd Street Cleveland. Ohio 44113 Non-Ferrou# Processing Corporation. 551 Stewart Avenue, Brooklyn. New York 11222 Sander* Lead Company, Inc.. Henderson Road, Troy, Alabama 36081 Settzmger, Inc., 900 Ashby Street N.W,, Atlanta. Georgia 30310 TonoUi Corporation, R. D. #1* Route 54, Nesquehoning^ Pennsylvania 18204 Battery Manufacturer* Abex Corporation, Bronze and Alloy Division. Route 19 (Baldwin Street ExteiwibnJ, MeadviHe, Pennsylvania 1833$ Battery Manufacturing Company. Int. 804 South Dixie, West Palm Beach. Florida 33401 Exide Corporation. 303 Water Street LogansporC Indiana 46947 Exide Corporation. TZZZ 18th Street Racine. Wisconsin 53403 GNB Batteries Inc. West Station. Street. Kankakee. Illinois 80901 General Battery Garporaimn. Montrose Avenue S Angelina Street Reading* Pennsylvania 19103 CYWI 3-001112 1C552 Federal Register / Vol. .50, No. 51 / Friday. March 15, 1985 / Notices General Battery Corporation. Spring Valley Road. Reading. Pennsylvania 59603 K W Battery Company. 3555 Howard Street. Skokie. Illinois 60078 Miami Battery Manufacturing Company. 11100 N.W. South River Drive. Miami. Florida 33178 General Battery Corporation, 250 Grand Street. Hamburg. Pennsylvania 19526 Prestolite Battery Division. 4700 Fifth Street Highway. Temple. Pennsylvania 19603 Red Diamond Battery Company. Route 8. Box 828, Garland County industrial Park. Hot Springs, Arkansas 71901 Standard Industries. Nelson Road At Reliable Drive, San Antonio. Texas ' 78227 Other Industries American Cyanamid Company, 4500 West Fifteenth Street. Chicago. Illinois 60623 Associated Lead, Inc.. 2545 Aramingo Avenue. Philadelphia. Pennsylvania 19125 - Eagle-Picher Industries. Inc.. Post Office Box 550, Joplin. Missouri 64802 Hamilton Brass & Aluminum Casting Company, Eighth and Chestnut Streets. Hamilton, Ohio 45021 . Where temporary variance requests involve an employer at multiple locations, including one or more in a State with an approved occupational safety and health plan, the temporary variance is granted under the Federal/ State Reciprocity Agreement established at 29 CFR 1905.14(b)(3). Thus, the State of Indiana, having jurisdiction over places of employment covered in the application, concurs with the granting of the variance. The Federal Register notice of August 24.1984 Invited interested persons, including affected employers and employees, to submit written comments, data, views, and arguments regarding the grant or denial of the variance requested. In addition, affected employees were notified by employers of their right to request a hearing on the applications for temporary variance. No written comments or requests for e hearing were received concerning the 28 plants. II. Issues Raised in the Temporary Variance Applications The 28 secondary lead smelters, lead battery manufacturers, and facilities in other segments of the lead industry listed in the background section above submitted appropriate applications pursuant .to section 6(b)(6)(A) of the Occupational Safety and Health Act of 1970 {84 Stat. 1596; 29 U.S.C. 655). 29 CFR.1905.10 and the Secretary of Labor's Order No. 9-83 (48 FR 35736)'for s temporary variance and an interim order, pending a decision on the variance, from 29 CFR 2910.1025(k)(l)(i)fD), the SOpg/lOOg medical removal protection (MRP) trigger and 29 CFR 1910.1025(k)(l)(iii)(AK3). the 40 fxg/lOOg medical return trigger of the lead standard. As discussed more fully above, the 50 removal trigger requires an employer to remove an employee from work where lead exposure is at or above the 30 *tg/ m" action level whenever the average of the employee's last three blood sample tests (or of all tests conducted over the previous six months, whichever is longer) is at or above 50 pg/lOOg of whole blood. The 40 return trigger prohibits the employee from being returned to his or her former jobs unless two consecutive blood sampling tests indicate that the employee's blood lead is at ot below 40 pg/lOOg of whole blood. The requests for temporary variance are based upon the employers' alleged inability to comply with the standard because of the anticipated removal and consequent unavailability of a significant number of skilled and supervisory employees if the 50 removal and 40 return triggers for MRP were put into effect. Essentially, the applicants made the following three-spronged feasibility argument: (1) The 50 removal trigger would require, for the first time, the removal of many supervisory, maintenance and highly skilled employees whose blood lead levels are betweeen 50-59 pg/lOOg. For example, blood lead data from September 2,2982 to March 1,1983 indicate that the employers receiving relief appear to have severe problems in coming into compliance with the 50 trigger. The numbers alone suggest the severity of the problem. The anticipated removals range from a high of approximately 100 percent cf ail lead-. exposed supervisory, maintenance and skilled employees to a low of approximately 10 percent. Current blood lead data indicate that the anticipated removals range from a high of approximately 64 percent tn a low of 10 percent. Seitzinger, with the highest blood lead levels, would hive to remove approximately 64 percent of its skilled workforce. Other plants with high levels include: Hamilton Brass (57 percent); 1LCO (53 percent): Inland Metals and Master Metals (50 percent); Red Diamond (47 percent); and Miami Battery (40 percent). Among the plants having the lowest blood lead levels, approximately IQ percent, are: Prestolite. American Cyanamid and Abex. (2) The removal of the supervisory, maintenance and highly skilled employees would be prolonged beyond OSHA'8 original expectation in order for their blood lead levels to drop to the 40 ^.g/lOOg return level. As previously stated in the background section, the employers concerns focus particular on long-tenured employees. (3) Since these employees are highly paid, occupy crucial positions and are extremely difficult to replace, placing them on MRP not only would be costly, but also would drastically reduce productivity and result in a less safe and healthful workplace. Employers contend that replacements for the substantial number of supervisory, maintenance and highly skilled production employees subject to the 50 trigger are not available in the labor market or at the plant. A few examples suffice to establish this point. American Cyanamid. for instance, contends that the supervisory and production capabilities of the plant would be severely impaired because one-third of the supervisory force and one-half of the litharge operators, process operators and blender-packers would be on removal. It would be difficult to find experienced employee replacements, particularly for the supervisors subject to removal. The company states it would have to hire and train new workers to replace the employees predicted to be on medical removal. A minimum training period for inexperienced replacements ranges from six months for blender-packers to 12 months for litharge and process operators, to three years for foremen. Abex Corporation contends that many years'of experience are necessary before replacements for the two electric furnace operators who would have to be removed could leam the chemistry of the approximately 75 different alloys used at the plant and operate the . complex furnace controls. The operators must have knowledge ranging from the type of metals to add at various heats to the hazardous metals that require special handling. The two current electric furnace operators have a combined experience of over 35 years. Replacement oerators reportedly h,.ve merely one to two years experience and. therefore, appear not to have the requisite expertise to adequately staff the job. A supervisor would be required to supervise and train them for up to one year, distracting from other supervisory duties. Other operations that require the production of the furnace for subsequent production stages would also be disrupted. CYWI 3-001113 Federal Register / VoL 50, No. 51 / Friday, March IS, 1985 / Notices 10553 Most employers claim that is not possible to estimate quantitatively with any precision the costs that would be incurred for training, pay. and benefits to the removed and transfered employees if more than 10 percent of their workers are placed on MRP. But they suggest that cost undoubtedly will be very substantial. Prestolite, for instance, based its co6t estimate on training cost, lost production, lost profit and increased spoilage and waste incurred over the one-year period required to train inexperienced workers. The company estimates an annual total cost of 5405,000 to remove 54 employees at the 50 pg/lOOg trigger. GNB Batteries, Frisco. Texas secondary smelter cost estimate it based on the predicted closing of the plant caused by temporary removal of 22 of the 58 skilled employees (or 38 percent) if the 50 jig/lOOg trigger were applied. GNB estimates that the cost and time involved in training a replacement for each employee placed on MRP is $28,700 annually. GNB contends that the cost of the removal program, combined with the reduced productivity caused by the impact of the 50 trigger and coupled with the economically depressed state of the secondary lead industry, could not be sustained. In addition the potential adverse safety and health consequences of implementing the 50 jig/lOOg trigger at once also appear to be serious. The removal of experienced and highly skilled employees will require hiring or transfering inexperienced personnel to work at complex jobs, which would promote the spread of lead contamination to other employees. Many examples are cited. For instance, at the Associated Lead plant approximately 29 percent of the total skilled workforce would be on continuous removal (3 of 12 supervisors. 4 of 21 maintenance men, and 21 of 83 skilled production employees). Eightysix percent of these employees have 10 or more years of experience. The supervisors are responsible for the enforcement of all safety and health regulations and controls, as well as training in the operation of equipment, in individual job functions, and in safe work practices required to reduce the hazards of injury or excessive exposure to airborne lead. If experienced supervisors are replaced with inexperienced .employees, the quality of such protective practices as respirator training and surveillance, work and hygiene practices (such as the cleaning of work areas and of equipment) and the proper use and maintenance of local exhaust ventilation to keep airborne dust and fumes away from the employee's breathing zone will be impaired. Similarly, the quality of maintenance is likely to suffer. Maintenance personnel are required to repair and perform preventive maintenance on all equipment located at the plant. If pollution control equipment is not properly maintained, it becomes inoperable and thus affords no protection to employees against excessive exposure to airborne lead dust and fumes. For example, should a dust collector need repair, and such repair not be forthcoming because of the unavailability of adquately trained maintenance personnel, excessive lead dust and fume could pertneate the work area, thus adversely affecting the safety and health of employees. likewise, if an inexperienced maintenance man fails to repair a water jacket rupture around a blast furoance immedately, water could leak into the lead pot and cause a violent explosion with a high probability of employee injury or death. m. Conclusions OSHA's analysis of the evidence resulted in the following conclusions: 1. Approximately 10 percent or more of the total lead-exposed skilled workforce at each of the plants to which variances are granted would be on continuous temporary medical removal at the 50 fi/l00g removal trigger. 2. The removal of 10 percent or more of the lead-exposed skilled workforce of each plant would seriously and adversely affect the ability of each plant to continue to operate. 3. A firm conclusion cannot be drawn from the estimates in the variance records concerning the length of time necessary for the blood lead of a removed employee to drop to the 40 pi lOOg level of the return trigger, because the evidence to substantiate the employers' estimates are inadequate. 4. The time needed to train fully competent employees to replace the experienced supervisory, maintenance, and skilled employees who would be subject to removal under the 50 removal trigger varies from periods of six months to three years or more for supervisory employees, one to four years for maintenance employees and three to 16 months or more for skilled production employees. The number of experienced replacements both inside and outside of the plants is extremely limited. 5. Adverse safety and health consequences would result from removing experienced and highly skilled employees and replacing them with inexperienced personnel. These consequences might include subjecting the replacements, as well as other employees, ter, (a) excessive lead exposure from process and ventilation equipment breakdown caused by inadequate preventive maintenance, improper work and hygiene practices ar.d improper use of protective devices such as respirators: (b) possible injury or death from explosions caused by failure to repair water jackets around blast furnaces or by improper handling of explosives osed to blast aerations from the furnace shaft: (c) possible bums from materials that splash or drop during transfer of molten lead: and (d) other injuries and Illnesses resulting from employees* inability to protect their own safety and health due to reduced or ineffective safety and health training applicable to their job functions. <6. OSHA cannot draw firm conclusions of the dollar losses that would be incurred if 10 percent or more of the employees is each plant are placed on MRP since cost data were incomplete and were submitted by only three employers, but the costs appear to be substantial 7. Based on air lead data, the number of available positions located in areas below the 30 p/m* action level are grossly inadequate to accommodate the numbers of employees placed on MRP because of elevated blood leads. Such positions are almost nonexistent in primary smelters, and vary from one to five positions in most of the secondary smelters, battery manufacturing and other plants. IV. Decision The variance record demonstrates that immediate compliance with the 50 ft/l00g MRP removal trigger level presents severe feasibility problems for the 28 employers in four major areas: (1) The applicants would have to remove between 10 percent to 100 percent of their total skilled workforce from lead exposure; (2) experienced employees who would be removed could not easily be replaced because the employers are unable either to recruit other employees with comparable skill levels or to quickly train replacements: (3) removal-- of highly skilled and experienced employees would diminish the health ~ and safety of the remaining employees at the affected plants, with a resulting higher probability of work-related injuries, illnesses, and deaths; and (4) sufficient transfer opportunities do not exist and extensive removals from the workplace would result in greatly increased MRP costs. Based on the above, OSHA concludes that the 28 CYW1 3-001114 'J0554. Federal Register / Vol SO, No. 51 / Friday, March 15.1S85 ] Noticei employer* have demonstrated that that places the employee at Increased immediate compliance with 50 u/1006 risk of material impairment to health MRP removal trigger level is Infeasible. from exposure to lead. Section Each. thus, merits a temporary variance. __ 191010Z5(V)n)(ii) of the lead standard effective until September 1.1985. .** already requires removal of an V. Summary and Explaastioa of the FlsaJ Variance Order Requirements ` employee from lead exposure at or above 30 fig!si* on each occasion when a final medical determination indicates The prin.tTy purpose of the that the employee has a detected requirements contained in the interim medical condition that places the order and in this order of variance is to employee at increased risk of material provide significantly increased impairment to health from exposure to protection to supervisory, maintenance lead. To more fully implement the end skilled employees with elevated preventive aspects of the medical blood lead levels between SO-59 p/l00g consultations and examinations who. because of the relief afforded to _ required by this order. OSHA is employer* by this or the interim order, requiring a physician's written medical need not be removed from lead* opinion after each visit. This paragraph exposure. In the absence of this relief also requires the employer to submit to the employer would Have to remove OSHA after each consultation and such employees in compliance with 50 medical examination a written si/l00g removal trigger. Because the statement from the physician concerning orders temporarily deny the affected each affected employee who need not be employees that particular form of moved from his or her job. stating that it protection. OSHA. in fulfillment of its is medically appropriate for the statutory obligations under section employee to continue to work at his or 6(b)(6)(A) of the Act. mandates further her present job. This requirement will safeguards including enhanced medical enable OSHA to monitor compliance surveillance to protect against any with this provision. adverse health ^affects from the hazards Paragraph 4 requires the employer to of lead exposure for employees with remove an employee with blood leads at blood lead levels between 50 and 59 p./ 60 pg/lOOg or above to areas whero-lead 100? of whole blood. exposure is below 30 pg/m*. and allows The following is a discussion of the the employer to return the employee individual requirements of the variance when the blood lead level has order, including OSHA's rationale for diminished to 40 pg/lOOg or below. This each specific provision. is already required by the lead standard Paragraph 1 requires that the (Paragraphs P0(l){i)(C) and employers perform blood lead and zinc protoporphyrin (ZPPj testing bi-monthly - - WflJMAHS)). Paragraph 5 requires that the on all employees with blood leads over employer provide OSHA with the name, 40 pg/lOOg who are exposed to lead job classification and position of each above the 30 pg/m* action leveLThi* employee who is subject to MRP as a requirement imposes no additional result of either a blood lead level at or burden upon employers. Section , above 60 fig/lOQg or the I9l0.1025rj){2) of the lead standard recommendation of the examining presently requires such monitoring. physician. Requiring these data will Paragraph 2 requires that the enable OSHA to confirm employer employer provide for a consultation with, compliance with the applicable removal a physician every two months and a provisions of the lead standard. comprehensive medical examination Paragraph 6 requires full-shift every six months for sooner, at the respirator usage for employees with discretion of the consulting or examining blood lead levels at or above 50 fig/jOQg physician) for employees with blood who are working is areas with air lead lead averages between 50-59 Jtg/lOOg '. levels at or above the 30 fig/a9, and who are not removed because of the who because of this or the interim order interim order or this order. By contrast *are not removed. OSHA has concluded the lead standard requires medical that requiring full shift respirator usage ex*--ti-iutions and c<i^3ulf*tions r.t the 3r ^g/m* action level 1- lieu annually for any employee whose blood the more limited respirator usage at or lead level during the proceeding 12 above the 50 fig/m3 permissible months is at or above 40pg/100g exposure limit required by {{1910.102501(3)1. 51910.1025(e)(2) of the lead standard, Paragraph 3 requires a written will provide needed increased medical opinion by the physician as to protection. whether the employee who need not be Paragraph 7 require* that the removed because of the relief afforded employer make an immediate inspection to employers by the Interim or variance and evaluation of the conditions and o*de<* ha* a detected medical condition work practices of employees with blood lead levels between SO-59 fig/lOOg who need not be removed under this or the interim order, and take ail reasonable and appropriate corrective steps necessary to reduce employee lead absorption. This paragraph also requires the employer to make periodic Inspections and evaluations of the work conditions and practice* until the affected employees blood lead levels are below 50 jig/lOOg. Paragraph 8 requires that the employer provide OSHA with blood lead. ZPP. and air lead data as accumulated bi-monthly for all skulled lead-exposed employees. OSHA has concluded that the data will assist In determining the employer's compliance with the lead standard and terms of the variance order. Paragraph 9 requires that the employer agree to allow OSHA (or, where relevant. State) health and safetyinspections related to its temporary variance. OSHA. in granting this relief, must be assured that it can readily monitor compliance with the requirements of the order. V. Order It appear* from the application* for temporary variance, the supporting data, and (he variance investigation* that, within the meaning of section 6fb)(6)(A) of the Act, the employers listed below were unable to comply with the requirements of 29 CFTt 1910.1025{k)OHi)(D) by the date required by the standard because of the unavailability of professional or technical personnel. It further appears that the variance is necessary to prevent undue hardship to the employers and their employees. Therefore, pursuant to the authority in aection 6(bKHA) of the Occupational Safety end Health Act of 1970. in the Secretary' of Labor Order No. 9-83 (48 FR 35736). and in 29 CFR Part 1905. it is ordered that the 28 plants listed below are authorized to comply with fee requirements of the order *et forth below with respect lo their lead- exposed supervisory, maintenance end skilled production employees, in lieu of complying with the requirements of 29 CFR 19l0.1025(kHJ)(i){I>). All other provisions of the lead standard are uneffected by this order and. therefore, must be uomplieo with in conjunction with the terms of this order. Temporary variances are being issued to the following 28 plants, whose addresses appear above. Abex Corporation American Cyanamid Company Associated Lead. In& Battery* Manufacturing Company; Inc. Eagle-Picher Corporation CYWI 3-0011X5 -Tederal Register / Vo!. SO. No. SI f Triday, March 15. 1985 / Notices ----i------------ wa--^----a--a--^ 1051)5 Exide Corporation (2 plants) Logansport, Indiana Plant Racine, WI Plant Franklin Smelting & Refining Corporation GNB Batteries Inc. (2 plants) Frisco. TX Secondary Smelter Kankakee, IL Battery Plant Genera! Battery Corporation (4 plants) Hamburg. PA Plant Reading. PA Battery Manufacturing Plant Reading. PA Industrial Battery Plant Reading, PA Secondary Smelter Culf Coast Lead Company Hamilton Brass & Aluminum Casting Company ILCO. Inc Inland Metals, Inc. K W Battery Corporation . Master Metals Miami Battery Manufacturing Company Non-Ferrous Processing Corporation Prestolite Battery Division Red Diamond Battery Company Sanders Lead Company Seitzinger, Inc. Standard Industries Tonolli Corporation The conditions and requirements of the order are: ___ (i) As presently required by 29 CFR 1910.l025(j){2) of the lead standard, employers shall perform blood lead and zinc protoporphyrin (ZPP) tests every two months on each employee whose last blood test indicated a blood lead level at cr above 40 pg/lOOg and who is exposed to lead at or above the 30 fig/ m9 action level. {2} For employees whose last three blood tests or all blood tests for the previous six months (whichever is longer) average SO jig/lOOg or above who work in jobs having airborne lead exposure at or above 30 pg/m* and who are not removed because of the interim order or this order, the employer shall provide: (a) A personal consultation with a licensed physician every two months: and (b) A comprehensive medical examination by a licensed physician every six months, or sooner, as determined by a physician. (3) After each such personal corsulta'ion and comprehensive *cwiwul the p, ysicib,. shall make a written medical determination as to whether the employee has a detected medical condition that places the employee at increased risk of material impairment to health from exposure to lead. (a) If the employee is determined to have such a condition, the employee shall be removed from work having an exposure to lead at or above 30 /m*; (b) If the employee is determined not (9) The employer (ball agree to allow to have such a condition, the employer OSHA or, where relevant State safety shall submit to the Office of Variance and health officials to inspect its Determination a written stelement from facilities in connection with this the physician stating that it is medically variance application and this order. appropriate for the employee to continue As soon as possible after the effective to work at the employee's present job. date of this order, the employers listed (4) Employers shall remove each above shall give notice to their affected employee with blood lead levels at or employees of the conditions and above 60 jtg/lOOg and return the requirements of this order by the same employee when the employee'? blood lead level is at or below 40 pg/lOOg, in accordance with the provisions of \ 1930.3 O25(k)0)(i)(C) and 1910.1025(k)(l}(iii){A}(3) of the lead' standard. (5) The name and job classification of each employee on MRP and the area where the employee is assigned shall be submitted to the Office of Variance means required to inform them of the application for a variance. ef f e c t iv e d a t e s : This order becomes effective March 7,1985. Expiration date: The order shall remain in effect until September 1,1685, unless modified or revoked in accordance with Section 6(b)(6)(A) -of the OSH Act. Determination each time as affected Signed at Washington. D C. this 7th day of employee is placed on medical removal March 1985. firotection as a result of either a blood cad level at or above 60 ^g/l00g or the Robert A RowUod, Assistant Secretary ofLabor. recommendation of a physician. (6) For employees with blood lead levels at or above 50 pg/lOOg wbo are (FR Doc. 85-6261 Filed 3-14-65; 8:45 am] BIUJMG coot *S10-2*-e working in areas with air-lead levels at or above 30 ;ig/m9, respirator usage Office of Pension and WeMare Benefit shall be mandatory during the entire* Programs workshift (7) For all employees with blood lead [Application No.D-5439, et l) levels between 50-59 yg/l00g. who need not be removed under the terms of the Proposed Exemptions; Arnett interim or this order, the employer shall Brokerage Profit-Sharing Plan, et al, make immediate inspections and evaluations oh . (a) The lead-related work practices affecting the employees: ag en c y : Pension and Welfare Benefit Programs. Labor. ac t io n : Notice of Proposed Exemptions. (b) The employee's respirator usage; (c) The use and availability of hygiene facilities, and the employee's relevant personal hygiene habits: and. (d) The existing engineering controls, to determine whether they an maintained properly. Based on that inspection and evaluation, the employer shall take all reasonable and appropriate corrective s u mma r y : This document contains notices of pendency before the Department of Labor (the Department) of proposed exemptions from certain cf the prohibited transaction restrictions of the Employment Retirement Income Security Act of 3974 (the Act) and/orIh'e Internal Revenue Code of 1954 (the Code). steps to reduce the employee's absorption oflead. The employer shall submit tc the Office of Variance Determination a written report (within 45 days after the effective date of this order) documenting when and where the evaluation took place, any corrective actions that were necessary, any corrective actions that % ere taken and and job cla:;..'.__. .t .a: affected employee. Periodic inspections and evaluations shall be conducted until the employee's blood lead level is below Written Commeots and Hearing Feq*.*sst*- All interested persons are invited to submit written comments or requests for a hearing on the pending exemptions, unless otherwise stated in the Notice of Pendency, within 45 days from the date of publication uf this Federal Register-- W` rr. C"it:;ents end reouesls for s nearing should state the retsona iur'fhc writer's interest in the pending exemption. 50 pg/lOOg. a o o r es s : All written comments and (6) For the duration of the variance requests for a hearing (at least three order, every two months the employer copies} should be sent to the Office of shall submit to the Office of Variance Fiduciary Standards, Pension and Determination blood lead, ZPP and air Welfare Benefit Programs. Room C- lead data, as accumulated for all skilled 4526. U.S. Department of Labor. 200 lead-exposed employees. Constitution Avenue, NW, Washington, CYWI 3-00U16