Document Xzwe128d411m7EGvbJZv6yQaG

THURSDAY, OCTOBER 9, 1975 PLAINTIFFS EXHIBIT KM-365 PART II: DEPARTMENT OF LABOR Occupational Safety and Health Administration OCCUPATIONAL EXPOSURE TO ASBESTOS Notice of Proposed Rulemaking KMX 01286 Asbestos Information Association North America 1660 L Street, N. W. Washington, D. 0. 20036 PROPOSED RULES 47653 found in various parts of the world, but Pursuant to Section 6(c) of the Act, 29 OSHA reviewed the record of the asbes its low fiber strength makes it less de UJ5.C. 655(c), a petition tor an emer tos rulemaking proceeding in 1972, par sirable for industrial use. gency standard to control concentrations ticularly with respect to the issues Nearly one million tons of asbestos of asbestos dust was submitted to the remanded by the Court to the Secretary. are consumed in the United States an Secretary by the Industrial Union De It is OSHA's belief that the record of the nually. According to the Bureau of Mines partment of the AFL-CIO on 4 Novem 1972 asbestos standard proceeding is in Minerals Yearbook, 1973, approximately ber 1971. As a result of that petition, an adequate to properly resolve the two 77 percent of asbestos products consumed emergency temporary standard for oc issues raised by the Court's remand and in 1972 were used in the construction cupational exposure to asbestos dust was that in the interest of achieving the best industries (186,000 short tons). Approxi- published on 7 December 1971 (36 FR feasible occupational health protection a percent were used in non-construction 23207). The emergency standard stated new rulemaking proceeding should be ini industries (186,000 short tons). Approxi that: "The 8-hour time-weighted aver tiated so that fresh and more detailed mately 92 percent of the asbestos used in age airborne concentration of asbestos evidence may be developed regarding construction is firmly bonded, i.e., the dust to which employees are exposed changes in industrial usage, compliance asbestos is "locked in" in such products shall not exceed 5 fibers per milliliter capabilities, and employee health prac as floor tiles, asbestos cements, and greater than 5 microns in length, as tices which have occurred since the roofing felts and shingles; while the re determined by the membrane filter standard's promulgation over three years maining 8 percent is friable or in powder method at 400-450 x magnification (4 ago. In addition. OSHA believes that new form present in insulation materials, as millimeter objective) phase contrast il research developments regarding the bestos cement powders, and acoustical lumination. Concentrations above 5 fibers harmful effects of asbestos exposure, as products. These latter products generate per milliliter, but not to exceed 10 fibers well as advances in monitoring and pro more airborne fibers than the firmly per millimeter may be permitted up to tective technology, make re-examination bonded products. The 186,000 short tons a total of 15 minutes in an hour for up to of the previous standard's premises and of asbestos used in the non-construction 5 hours in an 8-hour day." general structure desirable. The proposal industries in 1972 were utilized in such On 12 January 1972 a proposal for a accordingly goes beyond the issues OSHA products as textiles, friction materials Including brake linings and clutch facings, paper, paints, plastics, roof coat ings, floor tiles, and miscellaneous other products. An estimated 50,000 workers are in volved in the manufacture of asbestoscontaining products. However, this figure does not Include secondary manufacture new permanent asbestos standard was published (37 FR 466), pursuant to Sec tion 6(b) of the Act, 29 U.S.C. 655(b). The proposal included the exposure lim itations of the emergency temporary standard plus additional engineering and administrative controls, work practices, and procedures for medical surveillance and monitoring. has been directed to consider by the Court, in the interest of effecting the Administration's continuing mandate to "set the standard which most adequately assures on the basis of the best available evidence, that no employee will mate rial impairment of health or functional capacity" from occupational exposure to this substance. of products which contain asbestos, such as electrical or thermal insulation, or products which include previously manufactured components containing asbestos. There are approximately 40,000 field insulation workers in the United States who are exposed to asbestos dust. The activities of these workers is estimated to cause secondary exposures to ap proximately three to five million other building construction and shipyard workers. However, since the dust ex posure to the individual worker is ex tremely variable, and the number of as bestos workers at any one location is small, the primary and secondary asbes tos dust exposures to all workers have never been satisfactorily estimated. In the United States, the mining and milling of asbestos is a relatively small industry employing fewer than a thous and workers. The Occupational Safety and Health Administration does not have jurisdiction over mining and milling operations, as such operations are covered by the Mining Enforcement and Safety Administration of the Depart ment of the Interior. B. REGULATION OF OCCUPATIONAL EXPOSURE TO ASBESTOS A standard for occupational exposure to asbestos was Included in the initial promulgation of OSHA standards pub lished on 29 May 1971 (36 FR 10466) pursuant to Section 6(a) of the Act, 29 U.S.C. 655(a). Derived from a 1969 fed The present standard was promulgated on 7 June 1972 (37 FR 11318). This standard which appears as 29 CFR 1910. 1001 [originally published as 29 CFR 1910.93a prior to recodification] estab lished an 8-hour time weighted average (TWA) concentration exposure limit of five fibers longer than 5 micrometers per cubic centimeter of air, and a ceiling lim itation against any exposure in excess of ten such fibers per cubic centimeter. The present standard further provided that, effective 1 July 1976, the 8-hour TWA is to be reduced to two fibers. . Pursuant to Section 6(f) of the Act, 29 U.S.C. 655(f), a petition for review of the Secretary's standard was filed with the United States Court of Appeals for the District of Columbia. The principal petitioners, the Industrial Union Depart ment of the AFL-CIO, objecting to sev eral substantive provisions of the stand ard, as well as to the grounds upon which such provisions were premised, requested that the Secretary's final decision be re versed. However, the Court affirmed the standard and the Secretary's judgement with two exceptions. Industrial Union Department, AFL-CIO v. Hodgson, 499 F. 2d 467 (CADC 1974). The Court directed the Secretary to reconsider the effective date (1 July 1976) for the two-fiber standard and de termine whether such date might be ac celerated for all or some of the indus tries so affected. The Court also directed the Secretary to review the standard's II. Toxicological Considerations or Exposure to Asbestos A. EFFECTS OF ASBESTOS EXPOSURE Asbestos, in its several commercial forms, has been shown in very recent time to be associated with the produc tion of a variety of disease entities. These include: 1. Asbestosis: a diffuse. Interstitial, nonmalignant, scarring of the lungs; 2. Bronchogenic carcinoma: a malig nancy of the interior of the lung; 3. Mesothelioma: a diffuse malignancy of the lining of the chest cavity (pleural mesothelioma), or of the lining of the abdomen (peritoneal mesothelioma; and 4. Cancer of the stomach, colon, and rectum. Asbestos may be evident, in its ad vanced stages, by characteristic mani festations on x?ray films, by restrictive pulmonary function, or by clinical signs, of finger clubbing or rales (dry, crack ing sounds within the lung). Its most important symptom is dyspnea, or un due shortness of breath. The disease is progressive, even in the absence of further exposure, as those inhaled fibers which have been trapped within the lung continue their biological action. In its severe forms, death results from the in ability of the 'body to obtain requisite oxygen or from the heart's failure to pump blood through the scarred lungs. Mesotheliomas tumors are diffuse and eral standard issued under the Walsh- recordkeeping provision requiring a spread rapidly throughout the cavity of Healey Public Contracts Act (41 UJ3.C. _three-year retention period for exposure origin. They have yet to be successfully 35 et. seq.), the original OSHA standard established an exposure limit of 12 fibers (greater than 5 microns in length) per milliliter or 2 million particles per cubic monitoring records, and to reexamine whether such time period would be ade quate to assure employee protection and prevention of asbestos related diseases. Following the decision in Industrial cured by any types of treatment includ ing chemotherapy, radiation, or surgery. Death usually results within a year of diagnosis. In the general population, foot of air. Union Department, AFL-CIO, supra. mesothelioma is so rare that it has yet FEDERAL REGISTER, VOL. 40, NO. 197--THURSDAY, OCTOBER 9, 1975 KMX 01288 PROPOSED RULES 4765i> These new observations should not di minish OSHA's prior focus on the pre vention of asbestosis, since significant pulmonary and/or pleural scarring have not been an important feature of lowlevel, short-term, intermittent exposure. Rather, it should emphasize the incom plete perspectives of the current standard derived from considerations concerned with prevention of asbestos-related lung scarring rather than those needed for the prevention of asbestos-associated cancer, particularly mesothelioma. C. IBS NEW EVIDENCE (1) Asbestosis. Subsequent to the hear ings on the current standard, uncertainty has arisen as to whether the existing British asbestos standard and the man dated 2 fiber/ml U.S. standard provides effective protection even against asbesto sis. The data from Great Britain ob tained in 1966 indicated that little clini cal disease, Including x-ray evidence of asbestosis, had occurred among workers first employed in that factory at some time after 1933, when Important im provements in work practices had been achieved. In 1972, results of evaluation of new x-rays that had been taken In 1970, of the work force then employed in the same factory, were reported as showing that many now had abnormal findings either in the lung or in the coverings of the lung pleurae (Lewinsohn, 1972). There was thus a difference between the prevalence of abnormal x-ray findings among workers x-rayed in 1966 as re ported to the British Occupational Hy giene Society, and evaluation of other x-rays of workers in the same factory four years later. Additionally, clinical data are becom ing available concerning asbestos lung scarring in individuals exposed at levels much lower than those of occupational circumstances. Among 210 family con tacts of former asbestos factory work ers, 38% have been reported to have xray changes characteristic of asbestos exposure (Anderson, Selikoflf, T.tits and Daum, 1975). (2) Cancer. In December 1972, impor tant new Information on the spectrum of asbestos cancers was presented at the Conference on the Biological Effects of Asbestos, sponsored by the International Agency for Research on Cancer of the World Health Organization. At this con ference, and subsequently, data on large groups of asbestos workers became avail able (Selikoff, Hammond and Seidman, 1973; Enterline, 1972). As expected, the high risk of bronchogenic carcinoma and mesothelioma persisted among factory employees and insulators. Moreover, these later studies confirmed the excess gastrointestinal cancer that had been suggested earlier, and extended the spec trum of asbestos related cancers. (a) Lung cancer. The most important cancer afflicting asbestos workers is can cer of the lung, although mesothelioma has attracted considerable attention be cause of the high frequency among as bestos workers and Infrequent occurrence in the population as a whole. In many groups of asbestos workers, of workers in a British asbestos factory, approximately 20% of all deaths are where calculations predicted that be caused by lung neoplasms. This has been tween 10 and 11 percent of deaths would true both among asbestos product fac be due to mesothelioma (Newhouse and tory workers (Selikoff, Hammond and Berry, 1975). , Churg, 1972; and Nicholson, 1975) and (c) Gastro-intestinal cancer Gastro among users of these products (Selikoff, intestinal cancers (cancer of the stom Hammond and Seidman, 1973). The ex ach, colon and rectum) are also in act percentage varies with circumstances creased in incidence among asbestos of exposure, age of the workers, duration workers, but the increase is less pro of the workers' exposure and, perhaps nounced than that of lung cancer or most of all, according to the duration mesothelioma. A number of studies now from the onset of their asbestos work indicate that the increase is on the order history. In addition, the last several years of two or three times the number of ex have seen the discovery of another crit pected tumors (Selikoff, Hammond and ical variable affecting the incidence of Seidman, 1973; Elmes, 1968). Although lung cancer among asbestos workers. In this increased risk is relatively limited, 1968, Selikoff, Hammond and Churg re especially when compared with lung ported that lung cancer was not signifi cancer and mesothelioma, it is neverthe cantly increased in incidence among as less of considerable importance since a bestos workers with no history of cig two- or three-fold increase in such com arette smoking, although when such his mon tumors becomes an important cause tory was present, the incidence of lung of death for the workers involved. cancer increased markedly over what It has been suggested that other tu would be expected among other cigarette mors are also increased in incidence smokers, in the absence of asbestos ex among asbestos workers, particularly posure. Thus, these scientists calculated cancers of the larynx (Stell and McGill, that an asbestos worker who smoked cig 1972; Newhouse, 1973) and neoplasms of arettes had 92 times the risk of dying of the oropharynx (Selikoff, Hammond and lung cancer, as compared with like in Churg, 1970), and of the esophagus (Se dividuals without cigarette smoking or likoff, Hammond, and Seidman, 1973) asbestos work. This finding has been con However, data concerning these neo firmed by larger studies (Hammond and plasms are less extensive than for lung Selikoff, 1973) where, again, it was found cancer, mesothelioma and gastro-intes- that non-smoking asbestos workers had tinal cancer and further experiences are few lung cancers while those who smoked awaited. In any case, they are not very had much more lung cancer than would common tumors in general and any in have been expected had they not been crease does not weigh heavily on the asbestos workers. Calculations suggest overall cancer risk of asbestos workers. that cigarette-smoking asbestos workers Considering all neoplasms, among have approximately eight times the risk some groups of asbestos workers, em of developing lung cancer compared to ployed either in asbestos factory work or other smokers. (b) Pleural and peritoneal mesothe in the use of asbestos products, as much as 40 to 45 percent of all deaths have lioma. In 1960, Wagner, Sleggs and Marchand demonstrated an important asso ciation between asbestos exposure and pleural mesothelioma. This cancer, been due to one or another type of can cer, an approximately three-fold or four fold increase. Of significant importance, new data which appears to be unrelated to smok have recently been made available con ing, had previously been considered to be a very rare tumor. Numerous reports have confirmed the finding of Wagner cerning the cancer risk of workers at the textile mill reviewed for the British standard, including those workers first and his colleagues that mesothelioma employed after 1933 (Howard, Kinlen. can be commonly associated with asbes Lewinsohn, Peto and Doll, 1975). It was tos exposure. A subsequent report by EnUcknap and Smither, 1964, concerning found that there was excess mortality from lung cancer among those workers workers in a British asbestos factory demonstrated that the same tumor could who entered scheduled areas after l January 1933. There was "clear evidence be commonly found in the abdomen (peritoneal mesothelioma), as well as in the chest. The exact risk of death of these in variably fatal neoplasms has not been as well defined as has lung cancer, al though recording of cases from hospitals near one large asbestos factory has indi cated that it must be very common in deed (Borow, Conston, Livomese and Schalet, 1973). Information available from the experience of asbestos insula tion workers suggests that approximately five to seven percent of deaths may be due to this neoplasm (Hammond, Seli koff and Churg, 1965; Selikoff, Ham mond and Seidman 1973). More recently, of some excess of lung cancer and res piratory deaths among those first ex posed between 1933 and 1950." Equally important was the finding that "there still appears to be an excess of deaths due to lung cancer after 15 or more years' exposure" even among those first ex posed in 1951 and subsequently. Indeed, it is known that mesothelioma deaths have occurred among the specific group of 290 workers whose experience prior to 1966 had led to the development of the current standard, as detailed above (Brody, J. E., 1974). There are further data indicating the -necessity for revaluation of the asbestos standard, albeit less directly derived from asbestos worker exposure. This in it has been suggested that this estimate formation is derived from occurrence of is too low, on the basis of the experience asbestos cancer among individuals ex FEDERAl REGISTER, VOL 40, NO. 197--THURSDAY, OCTOBER 9, 1975 KMX 01290 PROPOSED RULES 47657 courts which have reviewed standards A. SCOPS AND APPLICATION be considered in the setting of occupa promulgated under the Act. For Instance, In sustaining the standard for occupa tional exposure to vinyl chloride (29 CFR 1910.1017), the UB. Court of Appeals for the Second Circuit stated that, "It re mains the duty of the Secretary to act to protect the working man, and to act even in circumstances where existing meth odology or research is deficient." The So ciety of the Plastics Industry, Inc. v. United States Department of Labor, 509 F. 2d 1301 (CA_ 2 1975), cert denied, sub nom Firestone Plastics Co. v United States Department of Labor,------U.S. ------, 43 U.S-Ij-W. 3525 (27 May 1975), A (rimiiar rationale was applied by the U.S. Court of Appeals for the District of Columbia In reviewing the standard for occupational exposure to asbestos (29 CFR 1910.1001, but appearing at the time of review as 29 CFR 1910.93a). The Court stated: Some of the questions Involved In the promulgation of these standards are on the frontiers of scientific knowledge, and con sequently as to them Insufficient data Is presently available to make a fully Informed factual determination. Dectalon-making must In that circumstance depend to a greater extent upon policy judgments and leas upon purely factual Judgments. Indus trial Union Department, AFL-CIO t> Hodgson, supra, 499 F. 2d at 474. ' In setting standards, the Secretary is expressly required to consider the feasi bility of the proposed standards. S. Rpt. No. 91-1282, 91st Cong., 2d Sess., p. 58 (1970). Nevertheless, considerations of technological feasibility are not limited to devices already developed and in use. Standards may require improvements in existing technologies or require the de velopment of new technology. The So ciety of the Plastics Industry, Inc. v United States, supra, 509 F. 2d at 1309. Where appropriate, the standards are The standard, as revised, would con tinue to apply to all workplaces where occupational exposure to asbestos is present, but would exclude the construc tion Industry. It is OSHA's intention to develop and propose a separate revision to the exist ing asbestos standard for the construc tion industry. Appproximately threefourths of all asbestos products in 1972 were used in the construction industry. In addition, the uniqueness of the con struction industry itself (viz., the mul tiplicity of non-fixed workplaces, and the utilization of highly transient work forces) strongly suggests separate treatment. These structural differences were reflected in the 17-18 September 1975 deliberations of the OSHA Advisory Committee on Construction Safety and Health. Although OSHA believes that health tional safety and health standards. In addition, the Act explicitly takes cognizance of its Impact upon affected small business, specifically with respect to any recordkeeping requirements which are imposed. Pursuant to section 8(d) of the Act, OSHA is exploring methods of reducing, to the maximum extent pos sible, the administrative and economic burdens of the proposal's various infor mation gathering requirements. While the proposal does not address itself to specific alternatives, OSHA in vites comments concerning options which would both provide full protec tion to affected employees and at the same time would minimize the admin istrative and economic burden on af fected employers--especially those with small numbers of employees, non-fixed workplaces, or highly transient work forces. hazards faced by employees in the con B. DISCUSSION OP MAJOR PROVISIONS struction industry with regard to occupa tional exposure to asbestos are similar to those faced by their counterparts in other covered employments, OSHA rec ognizes that alternative administrative and engineering controls may be more appropriate and feasible for the con struction industry. Therefore, OSHA in tends to consult with the Construction Advisory Committee in order to further explore such alternatives. Upon publica tion of the proposal to revise the existing asbestos standard for the construction Industry, OSHA will consider the possi bility of consolidated hearings on that proposal and the proposal contained herein for all other covered employments. OSHA is aware that certain provisions of this proposal, such as medical surveil OSHA recognizes that, since the promulgation of the current standard, several distinguished individuals and many agencies, both public and private, have made valuable contributions to the field of toxic substances generally, and asbestos specifically. Exposure Levels. Recently, the Na tional Institute for Occupational Safety and Health (NIOSH) has informed OSHA that it is currently reviewing data which may provide significant informa tion with respect to the margin of safety afforded by the existing asbestos expo sure limits. In a memorandum dated 29 September 1975 to the Deputy Assistant Secretary of Labor for OSHA, the Direc tor of NIOSH stated: lance and the extended retention period Multiple and consistent epidemiological for medical and monitoring records, may pose special problems to some employers, studies leave virtually no doubt that as bestos Is carcinogenic to man. required to include provisions for labels especially those who have small numbers OSHA also believes sufficient medical or other forms of warning to apprise em of employees, operate with non-fixed and scientific evidence has now been, ac ployees of hazards, suitable protective places of employment, or use workforces cumulated to warrant the designation of equipment, control procedures, monitor which are highly transient in nature. asbestos as a human carcinogen. There ing and measuring of employee expo This awareness has been expressed by the fore, it is incumbent upon OSHA to pro sure, employee access to the results of Department of Labor in a statement pose the establishment of safeguards to monitoring, and appropriate medical submitted to the House Subcommittee on protect the lives of affected workers. examinations. Where a standard pre Environmental Problems Affecting Small OSHA deems it appropriate to propose scribes medical examinations or other Business on 26 June 1975, as follows: that the 8-hour exposure limit iTWA) tests, they must be made available at no cost to the employee (Section 6(b) (7) of It has become increasingly evident that the combined body of Federal regulations be lowered to 500,000 fibers per cubic meter (0.5 asbestos fibers per cubic cen the Act). Standards may also prescribe Imposes a substantial, and to some extent, timeter), and that the ceiling exposure recordkeeping requirements where nec unnecessary burden upon employers, particu limit be 5,000,000 asbestos fibers per essary or appropriate for enforcement of the Act or for developing information regarding occupational accidents and illnesses (Section 8(c) of the Act). V. Thx Proposal The development of this proposal is premised upon: (1) recent medical and scientific evidence as to increased health hazards associated with occupational exposure to asbestos and (2) the experi ence gained by OSHA through three years of enforcement and administra tion of the current asbestos standard. The following is a summary and analysis of the significant issues con tained in the text of the proposed stand ard for occupational exposure to larly those who run small businesses. While most of these requirements serve a neces sary and useful purpose, a definite potential exists for duplication, conflicting standards, and Inappropriate recordkeeping require ments. In an effort to eliminate problems where any exist In the Department of Labor, I have requested my agency heads to assess the small business Impact of the laws they administer and determine what can be done to ease the burden on the small employer, while still assuring compliance with the law. Although it clear that OSHA's first and prime responsibility is to assure employ ees safe and healthful places of employ ment, the Act and its legislative history recognize that economic and technolog cubic meter (5 asbestos fibers per cubic centimeter) for any period up to 15 minutes. OSHA recognizes that there is no assurance of a safe exposure for a substance with known carcinogenic property, in this case asbestos, and thus there should be no detectable concentra tions. However, the Act requires that the Secretary establish standards to the extent feasible, and therefore the Secre tary must take into consideration tech nological and economic factors. OSHA believes that it may be appro priate to postpone the effective date of the proposed exposure level because of the existence of problems of feasibility of a technological and economic nature. OSHA expressly Invites comments on asbestos. ical feasibility are legitimate factors to this issue, including comment on the ap- FEDERAL REGISTER, VOL. 40, NO. 197--THURSDAY, OCTOBER 9, 1975 KMX 01292 PROPOSED RULES 47659 employer would be required to Inform each employee assigned to a regulated area about the nature of asbestos-related health problems, the necessity for ex posure control, the work, practices and engineering controls associated with the employee's job assignment, and the medi cal surveillance programs. Signs and labels. Due to the hazardous nature of asbestos, OSHA believes that Amphnsia should be placed on warning employees and other persons about the dangers of exposure. For this reason, the proposed standard includes a section on signs for regulated areas and labels for products containing asbestos or their containers. The signs to be posted at regulated areas inform employees of the carcino genic hazard of asbestos and alert them to the fact that only persons authorized by the employer should enter the area. Hygiene facilities and practices. The proposal provides that all employees working in regulated areas must be re quired to wash hands, face, and fore arms before eating, drinking, or smoking. Finally, smoking, nonfood chewing prod ucts, drinking, and eating are prohibited In regulated areas. In addition employees working in regulated areas are required to shower before leaving at the end of the work shift. This section of the proposed standard also requires that the employer provide for the hygiene facilities such as change rooms and showers in accordance with 29 CFR 1910.141. Appendices. In addition, the proposal Introduces appendices to be published with the standards as information and guidance. Appendix A (Substance Safety Data Sheet) provides information on the gen eral nature of asbestos, exposure limits and general precautions regarding its usage. Appendix B (substance Technical Guidelines) provides technical informa tion on asbestos minerals, recommenda tions for monitoring, and general workpractices for clean-up operations. Two guides for workpractices for certain op erations are included as enclosures. The first deals with loading, unloading, and storing asbestos cargo. The second pro vides guidance to employers who intro duce asbestos into manufacturing opera tions. Appendix C (Medical Surveillance Guidelines) provides information con sidered to be useful and appropriate to the examining physician. VI. Environmental Impact Assessment The National Environmental Policy Act of 1969 (NEPA), (42, U.S.C. 4321 4343), requires, among other things, that Federal agencies assess their proposed major actions. Including rulemaking, to determine whether a significant impact on the quality of the human environment may result Furthermore, 29 CFR 1999.3 (d) requires that where OSHA deter mines that an environmental impact statement should be prepared, the deter mination to do so must be published in the Federal Register. Accordingly, it is hereby noticed that OSHA Intends to prepare an environmental Impact state ment on the proposed revision to the standard for occupational exposure to asbestos. Once the draft environmental impact statement has been prepared, a copy of it will be made available by OSHA to any member of the public who requests an opportunity to comment on it. Any per son or agency submitting comments on it to OSHA must at the same time for ward five copies of the comments to the Council on Environmental Quality (CEQ), 772 Jackson Place, N.W., Wash ington, D.C. A 45-day period will be al lowed for the submission of comments after the publication of the notice of availability of the draft environmental impact, statement. The draft statement will be available where practicable, at least 15 days prior to a public hearing on the proposed standard. The environ mental impact of the proposal would be an appropriate issue at such hearing. In addition, comments that may be helpful in preparing the draft environ mental impact statement on the proposed revision are solicited. Any person having relevant information or data is invited to submit it to David R. Bell, Office of Standards Development, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Room N-3669, Washing ton, D.C. 20210, by November 10, 1975. Comments submitted in regard to the proposed standard need not be resub mitted. All material received on environ mental impact will be available for pub lic inspection and copying at the above address. VII. Public Participation Interested persons are invited to com ment on the proposed standard on or before December 8, 1975. Written data, views and arguments concerning the proposal must be submitted in quadrupli cate to the Docket Officer, Docket H-033, U.S. Department of Labor, Room N-3620, 200 Constitution Avenue, N.W., Wash ington, D.C. 20210 Telephone 202/ 523-8076. Written submissions must clearly identify the provisions of the proposal addressed and the position taken with respect to each such provi sion. The data, views, and arguments will be available for public inspection and copying at the above address. All written submissions received will be made part of the record. Pursuant to 20 CFR 1911.11 (b) and (c). Interested persons may, in addition to filing written comments as provided above, file objections to the proposal and request an informal hearing with respect thereto, in accordance with the follow ing conditions: 1. The objections must include the name and address of the objector; 2. The objections must be postmarked on or before December 8, 1975; 3. The objections must specify with particularity the provision of the pro posed rule to which objection is taken, and must state the grounds therefor; 4. Each objection must be separately stated and numbered; and 5. The objections must be accom panied by a detailed summary of the evidence proposed to be adduced at the requested hearing. In addition to the comments invited above concerning the proposal and its environmental impact, OSHA hereby solicits comments from interested parties regarding the potential infiationary im pact of the proposed revision. Comments must be submitted in accordance with the above requirements for comments on the proposal and may be directed toward any or all of the following subjects: 1. Cost impact on consumers, busi nesses, . markets, or Federal, State, or local government; 2. Effect on the productivity of wage earners, businesses, or government; 3. Effect on competition; 4. Effect on supplies of important materials, producers, or services; 5. Effect on employment; and 6. Effect on energy supply or demand. It is OSHA's intention to prepare an inflationary impact statement and anal ysis, if appropriate, or a certification that the revision has no substantial in flationary impact, and' to make such statement or certification available at least 30 days prior to any public hearings on the proposed revision. The potential inflationary impact of the proposed revi sion would be an appropriate issue at such hearing. This procedure has been concurred with by the Council on Wage and Price Stability in accordance with the Office of Management and Budget Circular A-107 (28 January 1975), issued pur suant to Executive Order 11821. Accordingly, pursuant to sections 6(b) and 8(c) of the Occupational Safety and Health Act (84 Stat. 1593, 1599, 29 U.S.C. 655, 657) and 29 CFR Part 1911, it is hereby proposed to amend Part 1910 of Title 29 of the CFR as set forth below. Signed in Washington, D.C., this 30th day of September 1975. John T. Dunlop, Secretary of Labor. 1. Mancuso, T. F. and E. J. Coulter: Meth odology In Industrial Health Studies. Arch Environ Health 6:210-228, (1963). 2. Selikoff, I. J.. Churg, J. and E. C. Ham mond: Asbestos Exposure and Neoplasia. JAKA. 188:22-26, (1964). 3. Selikoff, I. J., Churg, J. and E. C. Ham mond: The Occurrence ot AsbestosIs Among Insulation Workers In The United States. N.Y. Acad Scl 132:139-155, (1965). 4. Enterline, P. and M. Kendrick: AsbestosDust Exposure at Various Levels and Mor tality. Arch Environ Health 15:181-186, (1967). 5. Selikoff, I. J., Churg, J. and E. C. Ham mond: Asbestos Exposure, Smoking and Neo plasia. JA.M.A. 204:106-112, (1968). 6. Murray, H. M.: Report of the Depart mental Committee on Compensation For In-- dustrlal Disease. H.M. Stationery Office, London, (1907). 7. Cooke, W. E.: Fibrosis of the Lungs Due to the Inhalation of Asbestos Dust. Brit. J. Med. Dp. 147, (1924). 8. Nureweather, E. R. A., and C. W. Price: Report on the Effects of Asbestos Dust on the Lungs and Dust Suppression In The Asbestos Industry. H.M. Stationery Office, London, (1930). 9. Dressen, W. C., Dallavalle, J. M. Edwards, T. I. et al: A Study of AsbestosIs In the-As- FEDERAL REGISTER, VOL 40, NO. 197--THURSDAY, OCTOBER 9, 197S KMX 01294 47662 PROPOSED RULES Table X (5) Arrangement of lavatory facilities. Lavatory and toilet facilities which are RESPIRATORY PROTECTION AGAINST ASBESTOS ITBERS located in regulated areas shall be ar Concentration of asbestos Over 3,000 times the applicable exposure limit prescribed in paragraph (c) of this section. Up to 3,000 times the applicable exposure limit prescribed in paragraph (c) of this section. Required respirator (A) Self-contained breathing apparatus with a full facepiece in pressure-demand (positive pressure) mode. (A) A type C supplied air respirator with a full facepiece operated in pressuredemand or other positive pressure-mode, or with a full facepiece, hood, or helmet ranged so that no access is available from them to uncontaminated area. (6) Prohibition of activities in regu lated areas. The presence or consump tion of food or beverages, the presence or use of smoking or nonfood chewing prohibit shall be prohibited in regulated areas. Up to 1.000 times the applicable exposure limit prescribed In paragraph (c) of this section. Up to 60 times the applicable exposure limit prescribed in paragraph (c) of this section. operated in continuous flow mode. (A) A type C supplied air replrators oper ated in pressure-demand or other posi tive pressure or continuous flow mode; or (B) A powered air purifying respirator with a high efficiency particulate filter,1 (C) self contained breathing apparatus in pressure demand (positive pressure) mode. (A) A high efficiency particulate filter respirator with a full facepiece; or (B) Any supplied air respirator with a full (j) Medical surveillance. (1) General. Every employer shall provide or make available at his cost medical examina tions relative to exposure to asbestos, as required by this paragraph. If an em ployee refuses a medical examination provided in accordance with this para graph. the employer shall inform the employee of the possible health conse quences of such refusal, and shall obtain a signed statement from the employee facepiece; or (C) Any self-contained stating that such employee has been in breathing apparatus with a full face formed of the consequences and refuses piece. to be examined. Up to 10 times the applicable exposure limit prescribed In paragraph (c) of this section. (Aj Any air purifying respirator with replaceable particulate filter; or (B) Any single use respirator with or with out valve; or (C) Any supplied air respirator; or (D) Any self-contained breathing apparatus. (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 area exposed to airborne concentrations of asbestos fibers, a comprehensive medical i High efficiency filter--9#D7 percent efficient against 0.3 micron size dloctylphthalate examination. Such examinations shall (DOP). include, as a minimum, a chest roent (3) Respirator program. (1) Respira (4) The employer shall assure that all genogram (posterior-anterior 14 x 17 inches), a history to elicit symptoms of tors shall be used and maintained in ac protective clothing and equipment is re respiratory disease, pulmonary function cordance with 3 1910.134 (e) and (f) ot moved only in change rooms required by tests to include forced vital capacity this part. (ii) The employer shall institute a respiratory protection program in ac cordance with 1910.134(b) of this part. (ill) Employees who wear respirators paragraph (1) (1) of this section. (5) The employer shall assure that no employee removes contaminated protec tive clothing and equipment from the change room, except for the purpose of (FVC) and forced expiratory volume at 1 second YFEVi.o), and for employees with 10 or more years of exposure to airborne concentrations of asbestos fibers or who are 45 years of age or older, a shall be allowed to leave work areas to cleaning, laundering, maintenance, or sputum cytology examination. wash their face and respirator facepiece to prevent skin irritation due to respira tor use. disposal. (6) Contaminated protective clothing and equipment shall be placed in im (3) Annual. Every employer shall pro vide or make available comprehensive medical examinations to each of his (lr) No employee shall be assigned to tasks requiring the use of a respirator if, based upon his most recent examination, an examining physician has determined that the employee would be unable to function normally while wearing a res pirator, or that the safety or health of the employee or other employee would be impaired by his use of a respirator. To the maximum extent possible, such em ployee shall be rotated to another job, or given the opportunity to transfer to a different position, whose duties he is able to perform, with the same employer, In the same geographical area and with the same seniority, status, and rate of pky he had just prior to such transfer. (h) Personal protective clothing. (1) The employer shall provide, and require the use of, personal protective clothing, such as coveralls or similar whole body clothing, bead coverings, gloves, and foot coverings, for any employee exposed to airborne concentrations of asbestos fibers which exceed either of the limits prescribed in paragraph (c) of this section. (2) Clean and dry protective cloth ing and equipment shall be provided to each affected employee at least daily. (3) The employer shall clean, launder, maintain, or dispose of protective cloth ing and equipment required by this permeable closed containers. (7) The employer shall inform any person who launders or cleans protec tive clothing and equipment contami nated with asbestos of the potentially harmful effects of exposure to asbestos fibers. (i> Hygiene facilities and practices. (1) Change rooms. Where employees wear protective clothing and equipment, clean change rooms equipped with stor age facilities for street clothes and sepa rate storage facilities for protective clothing and equipment shall be pro vided. (2) Showers. Employees working in regulated areas shall be required to shower before leaving at the end of the work shift The employer shall provide shower facilities in accordance with 5 1910.141(d) (3) of this part. . (3) Lavatories. Employees working in regulated areas shall be required to wash hands, face, and forearms prior to drink ing, eating, or smoking. The employer shall provide an adequate number of lavatories for this purpose which shall meet the requirements of S 1910.141 (d) (1) and (2) of this part (4) Arrangement of shower facilities. Clothes lockers and shower facilities shall be arranged so as to separate regulated employees exposed to airborne concen trations of asbestos fibers at least an nually. Such examination shall include, as a minimum, a chest roentgenogram (posterior-anterior 14 x 17 inches), a history to elicit symptoms of respiratory disease, pulmonary function tests to in clude forced vital capacity (FVC) and forced expiratory volume at 1 second (FEVj.o) and, for employees with 10 or more years of exposure1 to airborne con centrations of asbestos fibers or who are 45 years of age or older, a sputum cytol ogy examination. (4) Termination of employment. The employer shall provide or make available, within 30 calendar days before or after termination of employment of any em ployee exposed to airborne concentra tions of asbestos fibers, a comprehensive medical examination. Such examination shall include, as a minimum, a chest roentgenogram (posterior-anterior 14 x 17 inches), a history to elicit symptoms of respiratory disease, pulmonary func tion tests to include forced vital capac ity (FVC) and forced expiratory volume at 1 second (FEV. .) and, for employees with 10 or more years of exposure to air borne concentrations of asbestos fibers or who are 45 years of age or older, a section. areas and uncontaminated areas.' sputum cytology examination. FEDERAL REGISTER, VGU 40, NO. 197--THURSDAY, OCTOBER 9, 1975 KMX 01296 47664 PROPOSED RULES <ii> Employee exposure measurements records required by this paragraph shall be made available for examination and copying to employees, former employees, and their designated representatives. (iii) Employee medical records re quired by this paragraph shall be made available upon request for examination and copying to a physician designated by the employee or former employee. (7) Transfer of records, (i) In the event the employer ceases to do business, the successor shall receive and retain all records required to be maintained by this paragraph. (ii) In the event the employer ceases to do business and there is no successor to receive and retain his records for the prescribed period, these records shall be transmitted by mail to the Director, and each employee and former employee shall be Individually notified in writing of this transfer. (o) Observation of monitoring. (1) Employee observation. The employer shall give employees or their representa tives an opportunity to observe any measuring or monitoring of their expo sure to asbestos fibers conducted pursu ant to this section. (2) Observation Procedures, (i) When observation of the measuring or monitor ing or employee exposure to asbestos fi bers requires entry into an area where the use of personal protective equipment is required, the observer shall be pro vided with and required to use such equipment and shall comply with all other applicable safety and health pro cedures. (ii) Without interfering with the measurement, observers shall be entitled to receive an explanation of the moni toring or measurement procedures, observe all steps related to the measure ments and record the results obtained. (p) Appendices. The information con tained In the appendices to this section is not intended, by itself, to create any additional obligations not otherwise im posed, or to detract from any existing obligation. A--Appendix Substance Safety Data Sheet Asbestos I. SUBSTANCE identification A. Substance: Asbestos For purposes of the asbestos' standard as bestos Is Identified as Including the follow ing hydrated sUlcates: chrysotile, amoslte, crocldollte, tremolite, anthophylUte and actlnollte. B. Permissible airborne exposures 1. 0.8 fibers (longer than S micrometers, with a length-to-dlameter ratio of at least 3 to 1 and with a maximum diameter of 5 micrometers) per cubic centimeter of air as an 8-hour time-weighted average. 2. 6 fibers (longer than 5 micrometers with a length-to-dlameter ratio of at least 3 to 1, and with a maximum diameter of 8 mi crometers) per cubic centimeter of air as determined using a sample collected over a period up to 15 minutes. C. Description Mineral fibers of high tensile strength and flexlbUlty. Color may be white, off white, blue or brown. Fibers vary from harsh coarse varieties to fine silky ones. . HEALTH HAZARD DATA A. General Asbestos poses a hazard as an air contami nant. Tissue pathology may be seen at the site of retained fine asbestos fibers which have been Inhaled. B. Asbestosis A lung disorder characterized by a diffuse interstitial fibrosis at times Including pleu ral changes of fibrosis and calcification. Ac companying clinical changes may Include fine rales, and dyspnea, finger clubbing, and cyanosis. Many of the people exposed to as bestos fibers develop asbestosis If the fibers concentration Is high or the duration of their exposure Is long. In general, there Is a considerable time lapse between Inhaler tlon of the fibers and the appearance of changes as determined by x-ray. C. Neoplasms Neoplasms, such as mesothelioma, may occur without radiological evidence of asbes tosis at exposure levels lower than those re quired for prevention of radlologlcally evi dent asbestosis. m. RESPIRATORS AND PROTECTIVE CLOTHING A. Respirators You must wear a respirator whenever you are In an atmosphere where asbestos fiber concentrations exceed the permissible limits. However, respirators can only be required for routine use If your employer is In the process of Installing controls, or In situations where these controls cannot feasibly reduce exposure levels to within permissible limits. If respirators are worn, they must be selected In accordance with Table I of the asbestos standard and have a National Institute for Occupational Safety and Health (NIOSH) seal of approval. If you experience difficulty breathing while wearing a respirator, tell your employer. B. Clothing The purpose of wearing protective cloth ing is to prevent additional exposure which could result from asbestos dust from per sonal clothing and/or the body, becoming airborne. It Is essential that contaminated clothing be removed and handled In such a way that the dust will not become airborne and Inhaled. IV. PRECAUTIONS FOR SAFE USE AND HANDLING Perform all operations In a manner which will keep the amount of dust which becomes airborne and potentially Inhaled to an ab solute minimum. Follow the requirements of the asbestos standard regarding engineer ing controls, regulated areas, work practices, respiratory protection and protective cloth ing. Special work practices may be developed for your particular operations. Find out what they are and follow them. If you notice op erations which may be exposing you or others to asbestos dust, tell your supervisor. B--Appendix Substance Technical' Guidelines Asbestos I. PHYSICAL AND CHEMICAL DATA A. Identification Asbestos Includes several different hydrated silicates, all fibrous minerals. B. Minerals named in the asbestos standard Chrysotile, amoelte,- crocldollte,' tremolite, anthophylUte and actlnollte. C. Physical characteristics Asbestos fibers generally have high tensile strength, flexlbUlty, heat and chemical re sistance and good frictional properties. Characteristics vary with the mineral: (1) Chrysotile, the fibrous form of serpen tine, Is the most common variety of asbestos. It can be crushed Into fine, white, silky fibers. It has high heat resistance but Is de stroyed by acids. (2) Crocldollte, the fibrous form of rlebecklte, has fine resilient blue fibers. The fibers are strong and resist acids. (3) Amoslte, the fibrous variety of grunerlte, can be broken down Into long somewhat harsh fibers, brownish-yellow to white in color. It Is characterized by good resistance to acids and other chemicals. (4) AnthophylUte has rather fragile, brownish or off-white fibers with good heat and chemical resistance. (5) Tremolite (a calcium magnesium sili cate) fibers have low tensile strength, making them undesirable for many industrial appli cations. It Is often a major component of in dustrial and commercial talc. (6) Actlnollte (a calcium magnesium Iron silicate) fibers, Uke tremolite fibers, have low tensile strength- so that Industrial use Is limited. n. CLEAN-UP OF SPILLS AND CONTAMINATED A. Clean-up of asbestos and asbestos-con taining materials must be done In a manner which will not result In employee exposure to asbestos dust. Do not dry sweep, blow or otherwise move the material so that It wlU become airborne. Wet the material before handling when possible. If loose material must be cleaned up dry, use vacuum clean ing or other methods which wlU keep dust under control. B. Employees Involved In clean up opera tions should be restricted from the area until clean up has been completed. C. Employees Involved In clean up opera tions should wear respiratory equipment specified In Table 1 of the asbestos standard when air concentrations are unknown. When air concentrations are known select appro priate respirators from Table I of the asbestos standard. D. Enclose waste asbestos materials In con tainers which are Impermeable to asbestos fibers and dispose of In a manner which will not result In subsequent exposures. IV. MONITORING AND MEASUREMENT PROCEDURES A. General Measurements taken for the purpose of de termining' employee exposure are best taken In a fashion such that the average 8-hour exposure may be determined from a single sample or two (2) 4-hour samples. Short time Interval samples (up to 30 minutes) may also be used to determine the average exposure level If a minimum of five (5) measurements are taken In random manner over the 8-hour work shift. Random sam pling means that any portion of the work shift has the same chance of being sampled as any other. The arithmetic average of all such random samples taken on one (1) workshift Is an estimate of an employee's average level of exposure for that workshlft. Air samples should be taken In the employee's breathing zone (air that would most nearly represent that Inhaled by the employee). ~ The concentration of dust In the air to which a worker Is exposed will vary, depend ing upon the nature of the operation and upon the type of work performed by the operator and the position of the operator relative to the source of the dust. The amount of dust Inhaled by a worker can vary dally, seasonally, and with the weather. In order to obtain representative samples of workers' exposures. It Is necessary to col lect samples under varying conditions of FEDERAL REGISTER, VOL 40, NO. 197--THURSDAY, OCTOBER 9, 1975 KMX 01298 PROPOSED RULES 47665 weather, on different days, and at different times during a shut. The percentage of working time spent on different tasks will affect the concentration of dust the worker Inhales since the dif ferent tasks usually result In exposure to different concentrations. The percentage can he determined from work schedules and by observation of work routines. The concentration of any air contaminant resulting from an Industrial operation also varies with time. Therefore, a longer sam pling time will better approximate the actual average. With the following recommended sampling procedure, It Is possible to collect samples at the workers' breathing zones for periods from 4 to 8 hours, thus permitting the evalu ation of average exposures for a half or full 8-hour shift--a desirable and recommended procedure. Furthermore, dust exposures of a more normal work pattern result from the use of personal samplers. B. Recommended method The recommended sampling and evalua tion method Is described In a paper "USPHS/ NIOSH Membrane Filter Method for Evalu ating Airborne Asbestos Fibers" by Nelson A. Leidel, Stephen Q. Bayer and Ralph D. Zummualde, U.S. Department of Health, Educa tion, and Welfare, Public Health Service, Center for Disease Control, National Insti tute for Occupational Safety and Health, Cincinnati, Ohio 4S202 (In press). A brief summary Is given below. . Samples are collected by drawing air through a cellulose ester membrane filter by means of a battery powered personal sam pling pump. The filter, after collection of the sample, is transformed from an opaque solid to a transparent, optically homogenous gel. The fibers are sized and counted by phasecontrast microscopy at 400-460X magnifica tion. V. WORK PRACTICES rOK CERTAIN OPERATIONS Work practices for certain work Involving asbestos follow as enclosures to this ap pendix. They are advisory In nature and are not Intended to create any additional obliga tions not otherwise Imposed by the standard, or to detract from any existing Obligation. Enclosure I LOADING, UNLOADING AND STORAGE ASBESTOS CARGO (a) Prior to unloading bags or other con tainer of asbestos fiber from a railcar, truck, ship, or other carrier, make a visual inspec tion of the cargo and cargo space to deter mine If leakage or spillage of asbestos cargo has occurred and the extent of loose asbestos and dust present. If any. (b) If the cargo has not been damaged, and there Is no visible loose asbestos fiber or dust on the cargo or In the cargo space, unload ing and transport to storage or another car rier may proceed normally. Handle and store asbestos fiber which is In sealed bags or other closed containers Impermeable to asbestos fiber In a manner that will minimis any damage that could create an exposure prob lem. (c) If visual Inspection of cargo and cargo space reveals bag or other container damage or loose asbestos fiber or dust at any time, do not proceed with unloading of cargo until precautions have been taken to minimize employee exposure. (d) Collect any loose asbestos fiber and dust found In the process of unloading, or In the storage area, by vacuum cleaning or other suitable methods that do not In them selves produce air concentrations exceeding those prescribed In paragraph (b) of the as bestos standard, and dispose of It In sealed bags or other closed containers Impermeable to asbestos fiber. Do not clean up asbestos by blowing or dry sweeping. Repair damaged bags or other containers by taping or by In serting Into bags or other containers Im permeable to asbestos fibers. Make these rem edies before transporting the bag or the container to storage or use point. (e) If It Is known that railcars, trucks, ships or other carriers have contained as bestos as their last cargo, Inspect the carrier and clean up any visible asbestos fiber and dust, prior to loading the next asbestos car go, to ensure that no residue of asbestos fiber and dust will contaminate the asbestos car go. (f) If the airborne concentrations of asbes tos fibers to which employees are exposed during asbestos cargo loading, unloading and storage are unknown select any respirator from Table 1 of the asbestos for employee use. During clean-up operations In carrier or storage areas where airborne concentrations of asbestos fibers are unknown have employ ees wear respirators selected from Table 1 of the Asbestos standard which protect for up to 50 times or more of the limits In paragraph (b) of the asbestos standard. Where the concentrations are known have employees wear appropriate respirators as specified In Table 1 of the asbestos standard. (g) Special clothing Is to be worn by all employees engaged In loading, unloading, and storage of asbestos cargo when the wear ing of such clothing Is required by paragraph (d)(3) of the asbestos standard. Enclosure n INTRODUCTION OF ASBESTOS FIBER INTO MANUFACTURING PROCESSES (a) Conduct production operations Involv ing Introduction of asbestos fiber into a proc ess under dust controlled conditions such that employees are not exposed to concen trations of asbestos fiber above the exposure limits prescribed In paragraph (b) of the asbestos standard. (b) In those operations where bagged as bestos fiber Is being used, ensure that the fiber bags arrive at the work station In clean condition, free of loose fiber on the bag sur face. If the bags are stacked on pallets, the pallets must be clean and free of loose fiber. (c) Place empty bags or other containers which have contained asbestos fibers In closed or sealed containers Impermeable to asbestos fibers until disposed of by methods that do not create airborne concentrations In excess of the exposure limits prescribed In paragraph (b) of the asbestos standard. Appendix C--Medical Surveillance Ouidelinxs l. ROUTE or ENTRY Inhalation. XL TOXICOLOGY A. Exposure to asbestos dust may result In asbestosls If the dust concentration la high or the duration of exposure Is long. In gen eral, there Is a considerable time lapse be tween Inhalation of the dust and the ap pearance of changes as determined by X-ray Asbestosls Is characterized by: 1. A pattern of roentgenographlc changes consistent with diffuse interstital fibrosis of variable degree and, at times, pleural changes of fibrosis and calcification. 2. Clinical changes Including fine rales and finger clubbing. These may be present or absent In any Individual case. 3. Physiological changes consistent with a lung disorder. B. Neoplasms Neoplasms, such as mesothelioma, may oc cur without radiological evidence of asbestosis at exposure levels lower then those re quired for prevention of radlologlcally evi dent asbestosls. m. SPECIAL TESTS A. Chest roentgenographs. B. Lung function tests. 1. Forced vital capacity. 2. Forced respiratory volume at 1 second. 3. Sputum cytology. VI. SURVEILLANCE AND PREVENTIVE CONSIDERATIONS A. Preplacement A routine medical examination and a com plete medical and work history are required to be made available. The examination In cludes a chest roentgenogram (posterioranterior 14 x 17 Inches), a history to elicit symptomatology of respiratory disease, and pulmonary function tests to Include forced vital capacity (FVC) forced expiratory vol ume at 1 second (FEV10), and, far employees with 10 or more years of exposure to airborne concentrations of asbestos fibers or who are 45 years of age or older, a sputum cytology examination. Those employees with respira tory disorders generally should not be placed where there Is Increased risk to Inhalation of asbestos fibers. C. Annual and termination examination Annual and termination examinations are required to be made available. They are to Include, as a minimum, a chest roentgeno gram (posterior-anterior 14 x 17 Inches), a history to elicit symptomatology of respira tory disease, pulmonary function tests to in clude forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV, 0) and, for employees with 10 or more years of ex posure to airborne concentrations of asbestos fibers or who are 45 years of age or older, a sputum cytology examination. (Secs. 4. 6, 8, 84 Stat. 1592, 1593, 1599 (29 UB.C. 653, 655, 657) and 29 CFR Part 1911) [FB Doc.75-26561 Filed 9-30-75:4:54 pmj KMX 01300 FE0E8AL REGISTER, VOL 40, NO. 197--THURSOAY, OCTOBER 9, 1975