Document YD4KbGYNnYnd5mRvnvBbQDbBk

JANUARY 20, 1982 BETH TREANOR - API LARRY BIRKNER - ATLANTIC RICHFIELD Per the October 28 Semi-annual Agenda of Regulations, OSHA intends to review "Engineering Controls vs. Respirators; generic question." Current OSHA standards, both generic and specific, require that feasible engineering controls are to be used as the primary means to control employee exposure to airborne toxic materials, rather than respirators. This policy has been targeted for review by the President's task force on Regulatory Relief. According to the Semi-annual Agenda, OSHA intends to re-examine this policy on cost-effectiveness grounds, and consider modifications of present standards. Some thoughts follow. (1) Scope of the Issue OSHA has identified the isssue as "Engineering Controls vs. Respirators; generic question." Industry is using the phrase "Hierarchy of Controls." The industry phrase is potentially larger in scope, because it embraces workplace agents other than air contaminants (e.g., noise-engineering controls vs. hearing protectors; heat stress - engineering controls vs. protective equipment). Consequently, it may not be prudent to adopt the phase "Hierarchy of Controls" unless we intentionally decide to tackle the issue on all fronts. (2) Existing OSHA Regulations The primacy of engineering controls is well-established in existing OSHA regulations, both generally and specifically. A summary follows (see attachments for specific language). (a) For Air Contaminants Generically 1910.134 1910.1000 1990.157 Respiratory Protection (For compliance with PEL's) Carcinogen Policy Model Standard LAM 004415 DPMC-10490 2 Specifically 1910.1001 Asbestos 1910.1017 Vinyl chloride 1910.1018 Inorganic arsenic 1910.1025 Lead 1910.1028 Benzene (overturned, for other reasons) 1910.1029 Coke oven emissions 1910.1043 Cotton dust 1910.1044 DBCP 1910.1045 Acrylonitrile 1910.1003 thru 1910.1016 - Thirteen carcinogens, with specific control requirements, backed up with respirators. (b) For Noise 1910.95 Taken altogether, the above regulations comprise a formidable regu latory entrenchment of the primacy of engineering controls. Further, each new specific-substance standard added with equivalent language exacerbates the problem. Overall however, the principal problem stems from the generic requirements in 1910.134 respiratory protection, 1910.1000 - compliance with PEL'S, and 1990.151 carcinogen policy model standard (plus 1910.95 for the noise - hearing protector analogy). (3) Industry's Objective and Strategy Industry needs to sort out an objective, and then develop a strategy. Possible objectives include: (a) Overturn the primacy of engineering controls in all existing regulations, and preclude recurrence in future regulations. If accomplished by the regulatory process (e.g., rulemaking), this is truly a prodigious task. If attempted on a rule-by-rule basis, it will never be accomplished. If attempted generically, organized labor would wage an all-out holy war. It seems likely that this objective is achievable only by legislative or judicial action, establishing protective equipment as equal to engineering controls, or requiring cost-benefit analysis for any 0SHA standard. (b) Curtail the primacy of engineering controls, and establish a "beach head". A possible strategy for this approach might include one or all of the following. (1) Eliminate primacy of engineering controls from 1910.134 in the expected revised rule. Supporting logic is that 1910.134 establishes a minimum requirement for a respiratory protection LAM 004416 DPMC-10491 3 program, if such a program is required. As such, 1910.134 need not/should not mention engineering controls (or work practices) in any fashion. (2) Eliminate primacy of engineering controls from 1990.151, during expected OSHA revision (or deletion) of the generic carcinogen standard. (3) Revise 1910.1000 to eliminate the primacy of engineering controls. Supporting logic would have to be developed. (4) Revise 1910.95 to eliminate the primacy of engineering controls for noise. Supporting logic would have to be developed. (5) Select one substance specific standard and eliminate primacy of engineering controls therein. Likely candidates are cotton dust and coke ovens. Such an action, if successful, would establish a beach head, and refine industry's arguments. Of the above, it seems essential to achieve at least (1) and (2) or nothing really is gained. It seems plausible that this might be achieved, because regulatory activity relating to (1) and (2) is already underway. While (3) should also be achieved, it seems highly unlikely that a successful challenge could be mounted, particularly if constrained to the two years remaining in this administration. Given this, the next best strategy is to ignore (3), and concentrate on preventing proliferation of mandated engineering controls. Conceptually, this would be done by achieving (1) and (2), ignoring (3), and developing the logic for not continuing to mandate engineering controls in future substance-specific standards. This logic could be conveyed to OSHA via informal meetings, and applied in each specific rulemaking. The first likely vehicle could be E0 regulation. Meanwhile, if the steel industry can argue successfully for deletion (not reversal) of primacy of engineering controls in coke ovens, let's cheer them on. However, I doubt that anyone can support reversal. Also, if OSHA provides the opportunity, primacy of engineering controls in noise should be eliminated (but not reversed). (4) Conclusions The primacy of engineering controls is deeply entrenched in existing regulations. Organized labor can be expected to wage a holy war to present overturning the primacy of engineering controls. Legislative relief may be a better course than regulatory relief. Deletions of primacy of engineering controls from 1910.134 and 1990.151 should LAM 004417 DPMC-10492 4 probably be pursued, regardless. We may be better off to ignore 1910.1000, and concentrate instead on preventing proliferation, at each opportunity. The first opportunity may be E0. This thought paper is intended to stimulate discussion. It is.based on the arguable premise that some sort of change to the primacy of engineering controls is justified. That premise, in itself, might generate discussion. J. L. Rivard Attachments cc: Darrell Mattheis - ORC Milton Freifeld - CMA Charles Richards - Gulf Oil Chemicals be: H. L. Kusnetz C. F. Phillips G. L. Greene LAM 004418 DPMC-10493 METHODS OF COMPLIANCE HIERARCHY 29 CFR 1910.134(a)(1) and 1910.1000(e); Revision Current 1910.134(a)(1) "Respiratory Protection (a) Permissible practice. (1) In the control of those occupational diseases caused by breathing air contaminated with harmful dusts, fogs, fumes, mists, gases, smoke, sprays, or vapors, the primary objective shall be to prevent atmospheric contamination.' This shall be accomplished as far as feasible by accepted engineering control measures (for example, enclosure or confinement of the operation, general and local ventilation, and substitution of less toxic materials). [Emphasis added.] When effective engineering controls are not feasible, or while they are being instituted, appropriate respirators shall be used pursuant to the following requirements." Current 1910.1000(e) "To achieve compliance with paragraph (a) through (d) of this section, administrative or engineering controls must first be determined and implemented whenever feasible. When controls are not feasible to achieve full compliance, protective equipment or any other protective measures shall be used to keep the exposure of employees to air contaminants within the limits prescribed in this section. [Emphasis added.] Any equipment and/or technical measures used for this purpose must be approved for each particular use by a competent industrial hygienist or other technically qualified person. Whenever respirators are used, their use shall comply with 1910.134." 1910.95(b)(1) Noise: "When employees are subjected to sound exceeding those listed in Table G-16, feasible administrative or engineering controls shall be utilized. If such controls fail to reduce sound levels within the levels of Table G-16, personal protective equipment shall be provided and used to reduce sound levels within the levels of the table." /o/7 <f> JdefAodt o/ romWIoac*. Bnpioyer exposure* to vinyl chiefMe shod bo coa' trolled to at oe below tho permissible ex* poaure limit provided In paragraph <e * of thb section by engineering. work prac tice. and r**flal protective controls as ' follows* U> Feasible engineering and wort practice controls shall Immediately be used to reduce exposures to at or below the permissible exposure limit. (?> Wherever feasible engineering and work practice controls which can be In* Uluted Immediately are not sufficient to reduce exposures to t or below the per* musible rapture limit, they shall none* theieas be used to reduce exposures to lh.. !nwe'. practicable level, and shall be implemented by respiratory protection In accordance with piraarsoh of thl* LAM 004419 section A program shall b established end implfmenN to rrture npomm to at or below the nermioble exposure Umll. or to tho greatest cxUr.t feasible, solely hy means of engineering and work prattler control*, as soon as fcaxlble. (31 Written plans for such a procram shall bo drvrloped and furnished upon rrovirst for examination and copying to avthortsed representative! of the Assis tant Secretary and the Director. Such plans shall be updated at least every tut month.*. DPMC--10494 1*110.1001 (a) Methods of compliance (I) fnglmterinp motMods. (1) Mnetneertng com* trots. Engineertag control!. each as, bat not limited to. toolitton, eneloture. exhiuat ventilation, and duel collection, hill bo UMd to moot the exposure limits prescribed la porogrepfc <b> of this MOttO^ (d) Personal protective equipment <U CbmpUanee with the exposure limits preerrihsd by paragraph <b) of this sea- Uod may not be'oehieved bf the use of m^nton or shift rotation of ploy--, except: <1) During the time period neci--ry to Uvttoll the engineering controls sad to Institute the work practices required by paragraph (cl of this section; 01) Zn work situations In which the methods prescribed in paragraph <e> of this section ere either i^ify mi feasible or feasible to on extent Insuffi- cleot to reduce the airborne concentre* Uons of aebestoe fibers below the limits prescribed by paragraph (b> of this section: or (ill) In emergencies. (Iv) Where both respirators and per sonnel rotation are allowed by subdivi sions (1). (U>. or (111) of- thle subpara graph. end both are practicable, person nel rotation shall be preferred and used. 17/0.1 oo J (V/V SYs. |<*- (_ itictl) Vnx otk<** Cove.' j t N* ?L's iVOMt <() Method* of coaspMuned-41) Cbw trots, <4) The employer shall institute at the earliest possible time but not later than December 31* 1919. end* nearing and work practice controls to reduce exposures to or below the per missible exposure limit, except to the extent that the employer can establish that such controls are not feasible. (U) Where engineering and work practice controls are not sufficient to reduce exposures to or below the per missible exposure limit, they shall nonetheless be used to reduce expo sures to the lowest levels achievable by these controls and shall be supple mealed by the use of respirator* in oo oordaooe with paragraph th) of this section sod other oeoemsry personal protective equipment, Employee rotaUoa to not required as a oootroi strataty before respiratory protection's in stituted. <c) "Requirements for areas contain ing 4-Nluoblpbenyl" A regulated area h*n be established br an employer where 4-tfltroblphenyl is manufactured, processed, used, repackaged, released, handled or stored. All such areas shall be controlled in accordance with the re quirements for the following category or categories describing the operation in volved: (!) Isolated systems. Employworking with 4-NUrohlphenyl within an isolated system such as a "glove box'* shall wash their hands and arms upon completion of the sssiinert task and be fore engaging In other activities not as sociated erlth the hoisted system. (3) dosed system operatic*. Within regulated areas where 4-Mltroblphenyl Is stored*la sealed containers, or contained In a closed system, including piping sys tems, with any somple'poctsor opening* closed while4-Nitroblptvenyi is contained within: (1) Access shall be restricted to authorised employ-- only; <U> Employees shall be required to wash hands, forearms, face and neck upon each exit from the regulated areas, close to the point of exit and before en gaging tn other activities. (3) Open vessel system operations. Open vessel system operations as In paragraph (b> (13) of this secUoa are prohibited. (4) Transfer from a closed system. eharptnp or discharging point operations, or otherwise opening a closed system. Zn operations involving "laboratory type hoods.'* or in locations where 4-NUrobiphenyl is contained in so otherwise "closed system." but U transferred, charged, or discharged into other nor mally closig containers, the provisions of this subparagraph shall apply. M> Ac cess shall be restricted to authorised em ployees only; (it) Each operation shall be provided with continuous local exhaust ventila tion so that air movement u always from ordinary work areas to the operation. Ex haust air shall not be discharged to regu lated areas, nonregulated areas or the external environment unless decontami nated. Clean makeup air shall be intro duced tn .sufficient volume to maintain the correct operation of the local exhaust system. (1U> fiaptoyee* shall be provided with, and required to wear, clean, full body protective clothing (smocks, coveralls, or long-sleeved shirt and pants). shoe cov elarsteadnadre(ato. -- prior to entering the regu <]vi Employ-- engaged tn 4-Nltrobiphenyl handling operations shall be pro vided with and required to wear and use a half-face, filter-type respirator for dusts, tnists, and fumes, la accordance with 11910.134. A respirator affording hstiigtuhteerd.levels of protection may be sub LAM 004420 DPMC-10495 (9/0JOZS- (e) Methods of compliance. (1) tnp%rwtnng and work proctice control*. The employer shall implement rail neertng rad work practice controls (In cludinf administrative controls) to reduce and maintain employee expo sure to lead in accordance with the im plementation schedule In Table 1 below. Failure to achieve exposure levels without retard to respirators is sufficient to establish a violation of this provision. (I) Admlmirtrutive contrail 11 ad* minlstraUve control* are used as a means of reducing employees' TWA exposure to lead, the employer shall establah and Implement a lob rotation scheduler ' *-- (f) Aeiptnctory protection. <1> General Where the use of respi rators is required under this section, the employer shall provide, at no cost to the employee, and assure the use of respirators which comply with the re quirements of this paragraph. Respira tors shall be used In the following cir cumstances: <1> During the time period necessary to Install or implement engineering or work practice controls, except that after the dates for compliance with the Interim levels In table I. no em ployer shall require an employee to wear a Defame pressure respirator loafer lhaa 4.4 hours per day; <U) In work situations In which end- Deering and work practice controls are not sufficient to reduce exposures to or below the permissible exposure limit; and _______ _____ _________ u>f 2 isT' H/A1 iiij i 9 H/A war_t_a_f_ta__. _,, m9 .............. weave a the *** bWwU (Ua maaOer M yeara Iran H "--? mil iim |im VfWA.aiMlt JOaffcth*4wia TTh wltenw as eMtsuioa fra* TuMwk-i et ss cm letaiote eMm has WaUMMSMillllMMiidiiM |<^/0. /oaST (f) Method* of emnpffjnce--41) Pri ority of compliance r*th *la Ths em ployer shall Institute engineering sod work practice controls to reduce and maintain employee exposures to bensene at or below the permissible expo sure limits, except to the extent that the employer establishes that these controls are not feasible. Where feasi ble engineering and work practice con trols are not sufficient to reduce em ployee exposure to or below the per missible exposure limits, the employer shall nonetheless use them to reduce axpoenree to the lowest level achiev able by these controls, and shall sup plement them by the use of respira tory protection. (g) Reepimtont protection.--<1) Gen eral. Where respiratory protection is required under this section, the em ployer shall select, provide and assure the use of respirators. Respirators shall be used in the following circum stances: (I) During the time period necessary to install or implement feasible engi neering and work practice controls: (II) During maintenance and repair activities in which engineering and work practice controls are not feasible: (ill) In work situations where feasi ble engineering and work practice con trols are not yet sufficient to reduce exposure to or below the permlmlhle exposure or <!v) In ruisrgaiicles. &k< Ov*nx if) Method* of competence. The etz ployer shall control employee exposure l coke oven emissions by tbe use of eng neerlng controls, work practices and ra piratory protection as follows: iv WcrUf of compliance methods<l> rite*to# coke oeen batteries, (a) Th employer shall institute the englneerm and work practice controls listed In para graphs <f>(2>. <f>(3> and <f)<4> of thl section In existing coke oven batteries a {jM earliest possible time, but not later Uian January SO. 19*0. except to the ex* wot that the employer can establish that meb controls are not feasible. In deter* joining the earliest possible time for in* ttttuUon of engineering and work prac tice controls, the requirement, effective August 27. 1071. to implement feasible J X)u* administrative or engineering controls to ~ reduce exposure* to coal Ur pitch vola- raKt Ules. shall be considered. Wherever the engineering and work practice controls vftidt can be Instituted art not sufficient t* reduce employee exposures to or below the permissible exposure limit, the cm* pteyer shall nonetheless use them to re* duos exposures to the lowest level achiev* bis by lhass control* and shall supple ment them by tb* use of respiratory protection which compiles with the re quirements of paragraph (g> of this sec tion. vf ov***' _ ~ <*) Work practice control*. U) Charptog. Tb* employs# shall operate existing coko oven batteries with ail of tbs following work practices to control coke oven emissions during tbs charging operation: (a) Establishment and lmplemenuuon of a detailed, written inspection and cleaning procedure for each battery con sisting of at least the following elements: < 1) Prompt and effective repair or re placement of ail engineering controls; H ! LAM 004421 DPMC-10496 1*7/0, /O^ Coi&* (> MitAad* of cemptionce (J)Zn^t- wer(e and vor* practice cowtroto. The employer shall Institute engineer- lac and work practice controls to reduce and maintain employee expo- cure to cotton duct at or below the permissible exposure limit specified la paragraph (c), except to the extent that the employer, establishes that such controls arc not feasible. (3) Whenever feasible snctneertnc and work practice controls are not suf ficient to reduce employee exposure to or below the perafasibie exposure limit, the employer shall nonetheless Institute these controls to Immediately reduce exposure to the lowest feasible lertl, and shall supplement these con trols with the use of respirators which shall comply with the provisions of paracraph <f). (3) Compliance program. <0 Each employer shall establish and Imple ment a written procram sufficient to reduce exposures to or below the permissible exposure limit solely by means of engineering controls and work practices as re quired by paracraph <sxl> of this *eo (il) Methods ofcompliance: ngioeerinf and work practice controls. fine and work practice controls pquirsd by paragraph (e| of this section be Implemented no later than Uircfe 27.1QM. ______ jq/o. (o'iH dQC? __J (f> Methods of oooipttowoa.--<11 Pr%orite of comphenes meCAorfa The em ployer shall institute inrtnssrlnf and work practice controla to reduce and maintain employee exposures to OBCP at or below the permissible ex posure Unit, except to the extent that the employer establishes that such controls are not feasible. Where feart- ble engineering and work practice con trols are not sufficient to reduce em ployee exposures to within the penal*' dble exposure limit, the employer shall noocthslms use them to reduce exposurce to the lowest level schlsv- ahU by these controla, and shall sup plement thorn by use of respiratory protection, <h) Respirators.--<U General. When respiratory protection is required under this section, the employer shag select, provide and assure the prop* um of respirator*. Respirators shall be used in the foUowtnc circumstancec <l> During the period necessary to hw stall or implement feasible eoclneerb* and work practice controls; or <tt) During maintenance and repaw ` activities in which engineering ux work practice controls are not (easiblw or (111) In work situations where fwa ble engineering and work practice con. tools are not yet sufficient to rvdum exposure to or below the perulatibto expoeure limit; or (b) In emergencies. (f) Methods of comptionce. --(1) En gineering end work practice control*. <0 By November 2. IStO. the emc'nyer *hall instltuto engineering and work practice controls co reduce and main tain employes exposures to AN. to or below the permlmlbw exposure limits, except to the extent that the employ er establishes that such controls are not feasible. (il) Wherever the engineering and work practice controls which can be instituted art not sufficient to reduce employee exposures co or below the permissible exposure limits, the em ployer shall nonetheless use them to. reduce exposures to the lowest levels achievable by these oootools, and shall supplement them by the um of respi ratory protection which compiles with the requirement* of paragraph (h) of this section. /5V C/rfi-Cftt (g) Methods ofaompiianco, (1) Engineering and orkpractice controls. (i) Tbs employer shall Institute engineering or work practice control* to reduce end maintain employee exposures to ------ to or below the permissible expoeure Limits, except to the extent that the employer establish** that such controls ere not feasible. fill Engineering end work practice controls shell be implemented to redoes exposures even if they will not be sufficient to reduce exposures to or below the permissible exposure limits. (2) Compliance program. (I) Within (insert appropriate period) of the effective date of this section, the employer shall establish and implement written program to reduce exposures to or below the permissible exposure* 1 limits, by means of engineering and work practice controls, ss required by paragraph (g)(1) of this section. (U) Written plans for these compliance programs shell include el least the following: (A) A description of each operation or process molting in employee expoeure (B) Engineering plans and other studies contemptsted or used to determine the controls for tech process*. (C) A report of the technology rnnsidsrsil or to be considered in meeting the permissible expoeure limits; DPMC-10497 (D) A detailed scaeouie tor me implementation of engineering or work practice controls; and (E) Other relevant information reasonably requested by OSHA. (ill) Written plans for such a program shall be submitted, upon request to the Assistant Secretary and the Director, and shall be available at the worksite for examination and copying by the Assistant Secretary, the Director, or any affected employee or designated representative. (iv) The plans required by this paragraph shall be revised and updated periodically to reflect the current status of the program. (h) Rospuotary protection---(1) General The employer shall score that respirators are need where required pursuant to this section to reduce employee exposures to or below th* permissible exposure limits end in Compliance with the permissible exposure limits may not be ichieved by the um of respirators rscept (i| During the time period necessary to install or implement feasible engineering end work practice controls; or (ii) In work operations in which the employer establishes that engineering end work practice controls ere not feasible: or (tii) In work situations where feasible engineering and work practice controls are not yet sufficient to reduce exposure to or below the permissible exposure limits; or (iv) In emergencies. I A n/v fin a Ann