Document Y9vqLoVyNorw4D3Mvdb9g75KD

DEPARTMENT of health : ;.i p 'I'lUv.iMO, Ci.'fOPNU PiEU .413,--} 3 "900 17m. 306 Accuse 1977 t J LETTER TO CALIFORNIA EMPLOYERS WHO USE ASBESTOS SUBJECT: Reporting Asbestos Use to Cal/U.SHA Thy purpu.se of this letter is to malic you .uv.irc that Ci.tl'iiur.ua employers who usfi sibestos or certain asbestos containing materials are required to report such use as part of an expanded State program co prevent job-rclited esneer. Such reporrs mu^r be filed in writing prior to September 1, 1977, with the State Division of Industrial Safety, 455 Holden Gate Avenue, San Francisco, CA 94102. After September 1, employers face a 5500 fine for failing to report asbestos use. The State's new Occupational Carcinogens Control Act, which took effect on January 1, 1977, requires State government to exercise strong leadership to prevent exposing employees, employers and others to asbestos and 15 other State-regulated cancer-causing substances in the work place. Asbestos is included in this group of substances, because it is a known cause of cance: in hum* ns. REPORTING ASBESTOS USE The new Occupational Carcinogens Control Act directed the State Occupational Safety and Health Standards Board to adopt regulations requiring employets using canccr-causing substances, including asbestos, to submit a written reporc regarding such use or any incident which results in the release of a potentially hazardous amount into any area where employees may be exposed. As a result, the Standards Board amended Section 5208 of Title 8 of the California Administrative Code by adding a new subsection (1). This subsection, which describes the new reporting requirements, is reproduced below. We urge you to carefully read this new requirement and report any uses covered on or before September 1. 1977. <1) Report of Use. Not lifer than September 1. 1977, employer! shall report the information required by Subsection (I) ^2) to the Chief of ihe Divirion of industr.as Safety, 455 Golden Gate Avenue. San Francisco, California 94102. Afitr September 1. '977. the informirion required by Subsection (I)(2) shall be reported prior to the comment etn.-nt of any new, umeponrJ opera lion or piutesi covered by these Older*. NOTE: It is not intended th*r each at nviiv h>:.-d m paragraph '-lit') involving asbestos or asbestos-containing products i>e ecu 'tied up^n eaUi ue m activity Amis ip:ted present and future use repotted initially is sufficient ;o comply w,ih this section. (1) Operating and Processing Requiring Reporting. (A) Any use, handling disposal, processing, manufacturing, packaging or repackaging of asbestos or asbestos-containing products which require labeling by Subsection (i)* of this section. (B) Brake repair and clutch repair operations where asbestos-containing frictional material* are processed in a manner which may product .irbciine asbesr.-s ribers, such as grinding, sanding, drilling, brake shoe arcing and beveling, nr r*-fr.->vi:'.g asbesios-contairing dust with compressed sir. Automotive repair facilities which are reentered with ihr Slate Buicsu of Automotive Repair* meet the rrgtsirarion require.ment* ol this subparagtapli, but -:e not utheiwise eicrnp: from this Section. \C) Maintenance, construe tiun, repair, renovation, demolition or salvage activities :n which any materials containing more than l\h -:.hcsios i-irv weigh, j ire mailed. ground, abrasive bUsted, sawed, cut, shoveled, removed, i.r o<hcrwc<<- handled in tier that asbrtroe dust would be t arsed. \D) .Any other use where riiiflo;:: rapusu/e eacrcls the concentrations of airborne libers given in Subsection (a).* 'See State General Industry Ssfery Olden Secdur. 5208 J NOTE: THe ordinary uk, handling, or instillation of product* which Jo not require libeling under Subsection I % (i)* tre exempt from (he icporting requirement*. Examples of non-libeled products include, but are f not limited to, vinyl-asbestos floor tile, resilient sheet flooring, picking!, and gaskets, fibrated asphalt f coitingi ind coited asbestos cloth. Operations such it retail, whaletale, warehousing, transportation or distribution of product! requiring libeling ire exempt from reporting requirement! providing iuch produce* trt kindled or ttored in teiled or unbroken container*. (2) Reporting Requirement*. (A) The nime of the employer md the address(es) of the plice(i) of employment. Where there are multiple location* where employee* may be expowd to asbestos-containing *" miteriil* infrequendy (lueh a* public utility vault*), the employer may proride a general description of lueh potential exposures and the nature and type of *uch location* in lieu of identifying each separate location. (BJ A brief de*eriprion of the way(s) in which the a*be*to* or asbeatoa-cootaining product(a) are to be processed, handled, used or transposed. (C) The estimated number of employee* potentially exposed. (D) The i*be*to*-containing product(s) being u*ed or manufactured or the type(s) of jtrucrure(i) being constructed, demolished or repaired. () The names and addresses of my collective bargaining representative* or other representatives of the affected employees. (F) Employers with temporary jobsites, tuch as construction or demolition need register with the Division only once. Such registration is valid only on condition that the work is performed by the same employer and that prior to the commencement of each work when known in advance, the employer notifies the appropriate District Office by telegram, letter, or a telephone call which thsll be confirmed in writing indicating the location and commencement of the scanty. (3) Incidents. Any incident, accident or emergency resulting in a known exposure of an employee, unprotected by an appropriate respirator, to asbestos fibers ih excess of '.he limits prescribed by Section 5208(a),* shall be reported in writing to the Chief of the Division of Industrial Safety within 15 days of the incident. The report shall include the following information: (A) The number of employees over-exposed. (B) The circumstances surrounding the over-exposure, including the process, operation or job involved. (C) The result of any environment analyse* done to monitor employee exposure or to define the haxard. (D) The steps taken, nr bring taken :>i prevent a inunrnie or to avoid future over-exposurea. (E) The product bring manoficpircd nr the type uf *t< Jclurr being repaired, constructed nr demolished. (4) Posting. A copy of each report required by thia Subsection shall be posted by the employer in the Ivcxtinr. or locations where asbestos is used, or-where other noo'ces are normiUy poated, which trial! be conspicuous co affected employees. - *See State General Industry Safety Orders Section 5208. t!IH Kl.i'UKTINC; I'KlK W", As you will note l"rom the regulation, the reporting process is :wc luinpiicaird. Ail an cmployei must do is send i letter to the Chief of the Division ol Industrial Safety, 4 55 Golden Gate Avenue, San Francisco, CA 94102. Depending upon your particular operation, inilude the following information: - Name and address of location(s) where asbestos is used. - Number of employees working with asbestos, including maintenance personnel. - Manner in which asbestos or asbestos containing products are used or handled. - Names ami addresses of any collective bargaining representatives or other representatives of affected employees. If you prefer, forms for reporting are available from the Chief of the Division of Industrial Safety at the above address. NO-FEE CONSULTATION The State is noc attempting to penalize employers for using asbestos or the other regulated substances. Asbestos is an important ingredient m many products where substitutes are not readily available. To help employers achieve compliance with the provisions of the law and to work safely with asbestos, both the Division of Industrial Safety and the Scare Department of Health will provide- penalty-free, no-charge consultative services and educational programs. These services will be provided on request by any employer! employee or employee group. Employers who prefer nor to contact a State agency for consultative services may wish to refer their questions to their asbestos suppliers, compensation insurance carriers, or someone else in the private sector. For example, some major asbestos suppliers and insurance companies provide industrial hygiene assistance with asbestos-related problems as part of their customer service. PENALTIES The safety regulations for asbestos are in Section 5208 of Title 8 of the California Administrative Code and have been in effect for a number of years. They are designed to protect workers from harmful exposures to asbestos and violations of these regulations have been subject to fines when discovered by Cai/OSHA compliance personnel. These safety regulations have not been changed. The only changes are chat fines for violations of safety standards involving asbestos are higher .thcr July 1 (tl.000 for serious violations and J5.CKH) for repeat violations), anil there is .i new fine of i.500 ior failure'll) report uc of asbestos afeer September l, 1977. FOR REGULATIONS AND MORE INFORMATION Free copies of the safety regulations covering'asbestos Section 5208) and information on how to protect workers may be obtained by contacting one of the State^ Health Department Offices listed below: In Northern California In Southern California Stale of California Occupational Health Branch Occupational Canter Control jUn;t 2151 Berkeley Way Berkeley, CA 94704 Slate i>f California Occupational Health Branch iVciiputionkJ Cancer Control Unit l-itV West Temple Street L.,.s Angeles. C\ 90026 (4 15) 845-7900, Exc. 306 13: ti20 1290 EMPLOYEE COMPLAINTS The law requires the State Department of Health and the Division of Industrial Safety, to respond to complaints from employees regarding potentially unlawful use of the regulated cancer-causing substances in their work places. Priority is given tu investigation of such complaints. ROUTINE INSPECTIONS The law also requires the State Department of Health to conduct self-initiated inspections of work places where asbestos and other regulated canccr-causing substances are used. These inspections are to ensure that the safety regulations for these substances arc followed. Responsibility for enforcement of these regulations, as with all other safety and health regulations rests with the State Division of Industrial Safety. These routine inspections will follow Cal/OSHA procedures with no advance notice to employers and first-instance penalties. DISPOSAL The Department of Health, Vector and Waste Management Section, has designated asbestos-containing wastes as hazardous wastes. Accordingly, such wastes must be transported and disposed of in accordance with State laws and regulations on hazardous waste. Wastes in a form which can release dusc should be put into a tightly closed bag or other container from which the dust cannot escape. The Cal/OSHA regulations (Section 5208 (i)(2) require this caution label to be attached to containers of asbestos waste: CAUTION Contains Asbestos Fibers Avoid Creating Dust Breathing Asbestos Dust May Cause Serious Bodily Harm For more information on requirements for disposing of asbestos-containing wastes, write to the following address: Stare JVp.irimcnt ot Health ' Vector it Waste .Management Section 714 P Street Sacramento, CA 95814 The State Department of Health and the State Department of Industrial Relations provide this information to employers now to alert them to their major legal responsibilities under the Occupational Carcinogens Control Act and to give maximum lead cime to planning to achieve health and safety standards mandated by the law. Both Departments will work cooperatively with employers and employees in the interests of improved worker safety and health. Sincerely, ikhji/flrP M.D. _Directo'r of Health Donald Vial. 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