Document XRM7JXwG62rmaoLBoDGez38zg
Federal Register / Vol. 51, No. 119 / Friday, June 20,. 1966 / Rules and Regulations
22649
workers may be exposed throughout
compared with the risk predicted for a different than the risks to employees
their entire working lives, and reflects
constant number of workers exposed for exposed to 2 f/cc in general industry.
the view that OSHA is regulating
a working lifetime. Such an increase in
Another issue raised by the AIA/NA .
workplace conditions and not specific
absolute risk is a result both of the
involved the effect of fiber type on
employees.
larger number of workers exposed to
OSHA's risk estimate for asbestos-
A second reason for using an
asbestos for some period of time if
related cancer. By not accounting for the
assumption of lifetime exposure is that turnover is taken into account and the
different carcinogenic potencies ofthe
this method permits comparison of the non-linearity of the relationship
various fiber types, the AIA/NA
risks from asbestos exposure to the risks between exposure duration and
maintained that the ". . . predicted risk
posed by other substances that OSHA asbestos-related cancer risk. This is
from mesothelioma is likely to be
has regulated or proposes to regulate.
illustrated in a technical report (Ex. 84- substantially over-estimated" (Ex. 328,
Such comparisons are useful to the
405) submitted to the record by OSHA p. H7). The AIA/NA went on to state:
Agency in ensuring that a consistent policy underlies OSHA's determinations of significant risk. Because the Agency, has determined significance of risk in
showing that calculating risks taking employee turnover and less-thanlifetime exposure into consideration results in a larger number of predicted
. .., OSHA's sole reliance on four studies where exposures were mixed, and were a large number of mesotheliomas were found, biases its risk assessment to the high side
.previous rulemakings based on the
asbestos-related cancer deaths than
. . . Had OSHA relied on a more
lifetime exposure assumption, the use of shorter exposure duration for
calculating the risk of asbestos-induced disease would preclude the Agency from
would be predicted using a model that assumes a lifetime exposure duration and no employee turnover. Therefore,
OSHA finds that use of the lifetime
representative set of studies showing the highest potencies, their mesothelioma risk ' estimate would have been reduced by a least half. (Ex. 328. p. 1-19)
making such comparisons. As stated in exposure assumption does not result in OSHA discusses the health evidence for
the April notice (49 FR14120), the
an overstatement of the risk of mortality different fiber types in Section IV of this
Agency has determined that exposure to from asbestos-related cancers.
preamble. In that section, OSHA
asbestos results in an excess disease
This concept is particularly relevant concluded that, although
risk that is many times that found for
to the construction industry, which is
epidemiological studies indicate that
other hazardous agents that have been characterized by higher employee
exposure to amphiboles is associated
regulated by OSHA.
turnover as compared to manufacturing with a greater mesothelioma risk than is
OSHA also believes that the argument industries. One commenter. the
exposure to chrysolite, animal studies
made by the AIA/NA, that use of an
Associated General Contractors of
show the opposite effect. Several
assumption involving a shorter exposure America (AGC) argued that OSHA's risk rulemaking participants suggested a
duration would result in a reduction in estimates do not apply to the
variety of reasons for this discrepancy.
.risk, is invalid. OSHA's risk assessment construction industry because of the
OSHA agrees with Dr. Davis (Tr. 7/10, p.
shows that the total asbestos-related
unique exposure patterns characteristic 65) that, on a fiber-by-fiber basis, there
cancer risk is not linearly related to
of that industry:
are no data to show conclusively that
duration of exposure, and that risk is not Many of the studies on the dangers of
reduced proportionally when the
asbestos have only limited implications for
exposure durations used are reduced.
the construction industiy. Forty-five years of
The reasons for this effect are twofold: exposure to:2 f/cc of airborne asbestos may
First, as the population of asbestos-
. cause sixty-four excess cancer deaths per
amphibole fibers are more potent than chrysotile fibers. For this reason. OSHA did not distinguish among fiber types when conducting the Agency's risk assessment. Furthermore, no evidence
exposed workers ages, the proportion of one-thousand workers, but few if any
was submitted to the record.to indicate
this population dying form asbestos
construction employees will ever experience . that such a fiber-type differential exists
decreases because many of these individuals die from othor diseases that are related to aging. Second, the relationship between exposure duration and the risk.of dying of mesothelioma is not linear. Both of these elements
such exposure. Very few employees will remain in the industry for forty-five years. Very few wit] even experience more than low level, intermittent exposure to asbestos. (Ex. 84-457. p'.l)
OSHA recognizes that many
for lung cancer risk, which constitutes the largest component of the total cancer mortality, risk predicted by OSHA's risk assessment. Moreover, even if OSHA agreed with the AIA/NA
and used an estimate of mesothelioma
contribute to the non-linearity of the
construction employees are exposed on risk that was reduced by 50 percent, the
relationship between exposure duration a less frequent basis than employees in risk of dying of asbestos-related cancer
and the risk of incurring asbestos-
general industry. However, OSHA
continues to be significant even at the
related cancer. The non-linearity of the disagrees with AGC's contention that
new PEL of 0.2 f/cc: reducing the
relationship between rjsk and duration the health evidence for asbestos has
mesothelioma risk by half results in an
is illustrated by comparing the total
"limited applications" for construction excess of 5.3 asbestos-related cancer .
' asbestos-related cancer risk for a 45-
employees. First, there are construction deaths per 1,000 employees, a figure '
year exposure duration with that for a
employees, particularly those employed more than 5 times the Supreme Court's .
20-year exposure duration. Although
by asbestos abatement and demolition guidelines for significant risk. Therefore,
there is a 56 percent reduction in exposure duration, there is only a 31
contractors, who have regular exposures OSHA does not agree with that its risk to asbestos. Second, as discussed above, estimates are significantly overstated
percent reduction in total asbestos-
OSHA's determination of the
because they do not differentiate among
related cancer risk (from 64 to 44 deaths significance of risk must be based on the fibers of different types.
per 1,000 employees). Accordingly,
risks that would be permitted by a
A controversial issue.raised during
assuming that employees are exposed to standard, and not the actual risk of
the rulemaking was whether the
asbestos for shorter durations because employees who are exposed at a level combined impact of smoking and
of employee turnover would actually
below that standard. OSHA has no
asbestos exposure on the incidence of
. increase the absolute risk among the
basis for believing that risks posed by
asbestos-related disease should lead
larger number of workers exposed for
exposure to asbestos at the current PEL , OSHA to promulgate regulations
less than their working lifetimes;
of 2 f/cc in construction would be any
prohibiting smoking in workplaces iti
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