Document YGJxZzOMRV5yoaavnvQvMGyEy

MAY-13-2003 11=59 WILLIAMS BAILEY LAW FIRM 7136436226 P.01/09 ]' i.,K- '.I (ifcoirad NED BARNETT RICHARD N.COUNTISS ROBERT C.KUEHM JIM WATSON Date; To: FACSIMILE CQVERSHEET May 13, 2003 Dr. David Egilman Fax Number: 508-546-5888 Phone Number: (508) 226-5091 From; Mr. Steven J. Kherkher Subject Matter; 4/29/03 Crouch Exhibit 12 Number of Pages (including coversheet): 9 8441 GULF FREEWAY sum fioo Comments: Please see attached. HOUSTON, TEXAS 77017-5051 (713)230-2200 1-800-220-9341 FAX: (713)643-6226 E-mail: postmastcr^wiiliamshailcycom Confidentiality Notice The information contained in this fax message is intended onlyfar the personal and confidential use of the designated recipients) named above, This message may be an attorney-client communication, and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified thatyou have received this document in error, and that any review, dissemination, distribution or copying ofthis message is Strictly prohibited- Ifyou have received this communication in errorplease notify us immediately by telephone and return the original message to us by mail. Thankyou. WEBSITE: hltp^/www.willlamabailey.com md$SS33W' M MAY-13-2003 11:59 WILLIAMS BAILEY LAW FIRM 7136436226 P.02/09 1131? _ RULES AND REGUUTfO ITJX 72-163] lions for an Occupational Exposure exposure to asbestos fibers un<t the ap PARlUo--ARTICLES CONDITIONALLY Standard for Asbestos by the National pearance of advene biological manifes FREC, SUBJECT TO A REDUCED Institute for Occupational safety and Health (NJOSH). Public notice was given tations, sueh ns asbestosis. lung cancers, and mesothelioma, have given rise to . rate, etc, . Of the receipt of the recommendations controversy as to the validity of the Free Withdrawal of Supplies and Equipment for Aircraft and their availability for bisection Mid measuring techniques used and the relia copying. On Or about February 25, 1972, bility of the relations attempted to be tiie Advisory Committee on Asbestos Dust established, Because of the long lapse Xri accordance with section 309(d). submitted its written recommendations of lime between onset of exposure end Tariff Act of 1930. as amended (IS U.S.C. to the Assistant Secretary of Labor for biological manifestations, we have now 1309(d)), the Department of Commerce Occupational safety and HcniUi. evidence of Die consequences of exposure, hM found Jtnd under date of April 39, .Pursuant to the notice of rule making blit we do not have. In general, accurate 1973, hn advised the Treasury Depart a hearing was hfc)d-m-tfnrch 14 through -mcasures-tf-the levels-of exposure oc- ment that Poland allows privileges to 17, 1972, for the purpose of receiving oral cmiing So or 30 years ago. which -have aircraft registered in the United Slates data, views, and arguments concerning Given rise to there consequences. There and engaged In foreign trade substan the proposed standard. On or about are also controversies concerning the tially reciprocal to those provided for in March 31,1973. the presiding hearing ex relative toxicity of the various kinds of sections 309 and 317 of the Tariff Act of aminer certified to tho Assistant Secre Asbestos, and- varying hazards in dif 1630, as amended (19 U-S.C. 1309, 1317), tory cf lAbor for Occupational Safety ferent workplaces. . -The same privileges arc therefore hereby- and Health the record of Die proceeding. It Is fair to say that the controversy extended to aircraft registered in Poland The record includes prehearing written has centered in the area between a two- and encaged in lorelch trade effective as 'comments, a transcript of the oral pres- fiber TWA concentration and five-fiber of the date of such notification- ' Motions made at the hearing. and nu TWA concentration, with variations on Accordingly, paragraph (1) ofallOJ>9. merous exhibits received during the (he time needed for compliance. Many customs regulations, is amended by the course of the hearing or within the pe- employers support R flve-fi;.er TWA." Insertion of Poland la appropriate al ilod allowed after the dose of the Mast medical opinion is divided between phabetical order end the number of this heating, , ' ' ' ' a two-fiber standard and a five-fiber TYeasury decision In the opposite col . The proposed standard dealt with (1) standard. ' umn headed "Treasury Decision (s)" In permissible concentrations of asbestos In view of the undisputed grave con the list of nations in that paragraph. fibers; (2) methods of compliance; (3) sequences from exposure to asbestos (BS. 109, 31*7, C34, 40 St*t. 990. M amended. 09fl, u nn*fined. 759; IB U.S.C. 13M, 1317. 2934) warning signs; (4) monitoring: (5) med ical examinations; and (G) recordkeep ing. Each of these major proposals elic fibers, it is cssentiAl that the exposure be regulated now. on the basis of the best evidence available now. even though it ited comments, arguments, objections, may not be <u good &4 scientifically de [seal] Edwin f\ Rains, and counterproposals. They oil have been sirable. An asbestos standard can be re Acting CommfMfcmer of Customs. examined And considered. evaluated to' tho light or the results of Approved: May 25.3972. .. 1.Acceptable concentrations <?f asbes ongoing studies, and future studies, but tos dust. The proposed standard would cannot wait for them. Lives of employees ' Eugene T. Rossipes, ' . Aitiaient Secretary of the Treasury. v, ' limit occupational exposure to 8-hour time-weighted average (TWA) airborne ore at stake. It Is concluded that there should be concentrations of asbestos dust not ex one minimum standard of exposure to [PR Dec.72-8578 FUd -A-73;9;50 am] ceeding five fibers longer than five asbestos applicable to All workplaces ex micrometers per milliliter, concentra posed to any kind, or mixture of Ifinds, tions above five fibers -but not to exceed of asbestos. Reasons of practical ad , , Title 29--LABOR 10 fibers (cellinc concentration} would ministration preclude a variety of stand be permitted up to 15 minutes in an hour, ards for different Linds of asbestos and Chapter XVJ1--Occupational Safety and Health Administration, Depart-, - .ment of Labor .. but for not more than 5 hours in any one 3-hour day. . . NIOSH in effect has recommended that the five-fiber TWA and 10-flber of workplaces. Also, while the evidence tends to show that crocldollte,' for in stance, is marc harmful than ebrytotno, the evidence Is not sufficient to establish PART 1970--OCCUPATIONAL SAFETY AND HEALTH STANDARDS Standard tar Exposure to Asbestos ' Dust On December 7, 1971, an emergency peak concentrations be permitted only for 3 years; thereafter, TWA concentra tions should be hot more than 3 fibers per cubic centimeter (cm,') of Air, and peak concentrations should not exceed 10 fibers/cm.*, with no time restriction. Numerous objection? and counterpro separate standards for varieties of nsbestoo, . * ..Because there must be one standard governing exposure, to all varieties of asbestos, And in workplaces apparently more. hazardous than others; because some present employees -with regular ex 1 temporary standard concerning exposure posals have been made, with regard to posure to asbestos have probably al to asbestos fibers was published in the both the limits of asbestos fiber concen ready accumulated great doses of asbes Pc&EBAl. Rceimii (3C F.R. 33207). Ill AC trations and the time periods to comply tos fibers, due to higher levels of ex " cordance with section 0(c)(3) of the WU-. with them, Some, for example, have rec posure to the past; because it appears liams-Stcigcr Oceuptaional Safety and ommended return to a 12-ftbcx standard that levels of exposure which niny be Health Act of 1970. a notice of proposed of an earlier day; i.e., a level adopted "safe with regard to ssbestosis arc not rulemaking regarding a permanent under the Wolsh-Hcalcy Public Con safe with reyArd to mesothelioma; be standard for exposure to asbestos fibers tracts Act la 1969. Others have recom cause the statute requires the protection was published in the Fe&chal Register on January 13, 1972 (37 Fit. 466). The no Doe invited interested persons to submit both orally and in writing, data, views, and arguments concerning the pro; '.saL On or about January 24,1972, the Ad mended a two-fiber standard to become effective in fi months, then a one-fiber standard for 2 years, and finally a zerofiber standard after 3 years. These rec ommendations give a fair Indication of the wide spread of the counterproposals. ot every employee, oven or one who may have regular exposure to asbestos during n working fife which may reach, or even exceed, 40 years: and because of several other considerations which have been urged and are reflected in the record of visory Committee on Asbestos Dust was No one has disputed that exposure to the proceeding, the conflict In the medi established and requested to make writ asbestos or high enough intensity and cal evidence is resolved In favor of Lhc ten recommendations with record to the long enough duration is causally related health of employees, as of July 1, 19TG, proposed standard on asbestos. On or to axbvstosis and cancers. The dispute is T\v v concentrations of asbestos fibers about February l. 1972, the Department as to the determination of a specific level longer than 5 micrometers will not be of Health, Education, and.'welfare trans below which exposure is sale. Various allowed to exceed two flbers/ce.. with a mitted to Die Secretary of Labor a cri studies attempting to establish quantita eellJhg value of 10 fibers/ce. The current teria document tonttlnlric Reeorrunenda- tive relations between specific levels of TWA concentrations of five fibers, and . ,i (E0EUI fEGUTCI, VOL 37, NO. 110--WEDNESDAY, JUNE 7, 1972 EXHIBIT 5 T 0 6 2 I8 5 8 MAY-13-2003 12=00 WILLIAMS BAILEY LAW FIRM 7136436226 P.03/09 KULts miw nsuuLMiiuNi UJiy celling concentrations of 10 flbcrs/cc, fibers, so Hint these would not be released 0. Records. The standard, as proposed will be permitted until July 1,197G. dur in the normal use of the products; should and as adopted, requires maintenance of ing what will be n transitional period not be required to be labeled: and (2) records of monitoring and of medical deemed necessary to allow employers to wqrds such ns "danger" and "cancel'" are examinations. Most of the controversy In make the needed chances for coming unwarrantcdly alarming. this area has revolved around the ques . Into compliance with Utc more stringent Both contentions have merit, and the tion whether an employer should be al " standard. ,, standard has been changed accordingly. lowed to have access to the result* of Tlic record shows that the many work 4. Monitoring. The proposed standard the required medical examinations. The operations subject to the single asbestos would liavc required personal monitor apprehension of those who have argued standard (textile, manufacturing. Indus ing and environmental monitoring. against employer access is hosed on Lho trial, and marine Installation, etc.) will Many issues have been raised concerning expcc-Ation that some employers will urc meet varying degrees of difficulty in the availability and reliability of meas the medical examinations os a means of complying with the standard. In some uring instruments, frequency of moni screening employment applicants, and plants, extensive redesign end reloca toring, and conditions In which monitor worse, os grounds for discharging current tion of equipment may be needed. It ap- ing should bo required. The adopted employees, who show signs of being af " pears, hotrever. the delay In the effective standard takes the objections Into con fected by exposure to asbestos. Since the date of ihe two-flber standard will pro sideration. It requires periodic monitor purpose of the medical examinations is vide nil employers a reasonable time to ing at intervals no longer than months, to monitor the health of employees ex comply. At the same time, so long os the thus Allowing considerable time and dis posed to the hazards of abestos, em celling limit 1$ compiled with, no harm cretion, and prescribes the use of the ployees cannot in reason be granted the f$ reasonably expected to result from c membrane filter method, which Is on Ac privilege.of refusing to disclose to their ' posures during the transitional period. ceptable method for determination "of employers results of occupational expo 2. Method* of compliance. It has been Asbestos fibers. sure. It does not make sense to require ' pointed out by many persons, that pro It has also been recommended that employers to provide medical examina tection against asbestos fibers is best employees or their representatives should tions if they cannot laiow and use the ' obtained by controlling the generation of have an opportunity to observe the results of the examinations. For these fibers first, and secondly, by controlling monitoring. The recommendation * has reasons the standard provides that em the dispersion of released fibers Into the been accepted. ployers may have a restricted access to ambient air of the workplaces. Therefore,, S. Medical examinations. The pro some medical information. . the standard requires feasible techno logical controls and appropriate work practices as the primary means of com pliance, Rotation or employees as a way of meeting the TWA concentration re quirement is allowed only lh stated ex posed standard would only require an appropriate medical examination on a periodic basis. The generality of the pro posal has attracted many objections and also many helpful comments. The recom mendations of NIOSH and of the Advi On the other hand, there Is no Inten tion to allow employer* to abuse medical Information obtained pursuant to the ' Act, to. the detriment of employees. Therefore, the administration of the medical records requirement will bo ceptional circumstances, because, os sory Committee on Asbestos Bust were Closely watched, and, In cases of Abuse, general rule, it would bo difficult to Im much more specific with respect to both appropriate action will be considered. . V-'Y plement. Personal protective equipment, such as resplratora. cannot be relied 'Upon because, among other reasons, they may be so uncomfortable ns to be bur densome, except for short periods- of frequency and typo of medical examina tions to be required. The comments vary as to the class of employees to be ex amined and as to t,be frequency of the examinations, . ,, The Issues discussed above arc believed to be the major ones. Numerous other is sues have been raised in the rulemaking proceedings. Some have been referred to incidentally. Many recommendations, for time. Therefore, it Is expected that res The adopted standard requires medical instance, about work practices, are so pirators and shift rotation will be used examinations both at the beginning and obviously meritorious tint their adop during the period necessary to install en the termination of employments exposed tion needs no exposition here. Other gineering controls and to train employ to concentrations of asbestos fibers, and recommendation* and many objections ees in sound work practices, but,,after also requires annual medical examina have not been adopted for a variety of technological compliance has been tions of every employee exposed to air reasons which should be manifest. Sev achieved, their we must be limited to special work situations and emergencies. Where both axe practicable, shift rota borne concentrations of asbestos. Zt has been pointed out that in certain Indus tries, such os construction, an employee eral, for instance, have recommended the use of respirators only pursuant to a variance, or In cases of emergency and tion is required. 3. Labeling. The proposed standard stopped short of requiring labeling - may work for several employers during the same year. Accordingly, the standard does not require either prcemployment, occasional short-term exposures. The recommendation with respect to vari-. . bestas and asbestos-containing products. or termination, or periodic examinatnh roccs undoubtedly has many merits, The proposed standard would have re of any employee who has been examined but Is considered administratively Im quired only warning signs at locations where asbestos hazards are present. However, labeling, rather than warning signs, has proved to be a point of con troversy. Both NTOSH and the Advisory Committee on Asbestos Dust recom in accordance with (he standard within practical. ' ', the past year, . Accordingly, After consideration of the Ope question which has .been raised whole record of the proceeding; and goes to whether the employer or the em ployee should be allowed to choose the examining physician. The standard pursuant to sections 6 (b) and (c) and 8(c) of the Williams-Steigcr Occupa- mended labels fox asbestos products and gives the option to the employer. Since* Safety and Health Act of 1070 (C-t Containers, and these recommendations some employers already have a medical Stat. 1593, 159G, 1599; 29 U.5.C, G35. became very controversial in the course of the proceeding. Many counterpro proposals have been made as to the lan guage of the warning as well as to the products to bo subject to the labeling examination program in operation, and, also, have medical departments with some expertise in the diagnosis of abestos-rolatcd diseases, it seems more reasonable to permit them to utilize the 657), 29 CFR 1910.4, and to Secretary or Labor's Order NO. 12-71 (3G Pit. 8754). Port 1910 of Title 29 of the code of Fed eral Regulations is amended as set fc requirements. Employers. In general, present programs and expertise, than to below. strongly contend that (l) finished prod permit an.employee to choose a private (I) Section 1910,93 is amended by re ucts which effectively entrap asbestos general practitioner. vising Table 0-3 to read as follows; F S 9 1 3 -9 0 1 S KbEftXt JtEGlSTEJt, VOL 37, NO. 110--WEPNESOAT, JUNE 7, 1f7J MAY-13-2003 12=00 WILLIAMS BAILEY LAW FIRM . ... 7136436226 P.04/09 ST0&2I 860 11320 . , .. RULES AND REGULATIONS g 1910.23 Air confaminamt. to which (utr employee may be exposed td> Personal protective equipment-- shall jn>t exceed two flbere, longer Mnn (I) Compliance with the exposure limits - tiut O-l-kiKiiui fig;rt" 5 micromotors, per cubic conLimelor of prescribed by paragraph (b) of tills sec *Jr, ss determined by' the method pre tion may not be achieved by the use of Autvtincn WtW1 scribed in paragraph <c> of tUU section, respirators pt* shift rotation of cm- (3) Ceiling concentration. No em pioyees. except: . Ellla: `' ployee shall be exposed it any time to <1) Diu ln,T the time period necessary ClQYuifauTIslii(iertfiiUiltta). ; nat %tl0r+* Qparte (telnt dust)....... Crbi\>ai(tc: u ye ttta tIu eslmbint from tTH * caitnlorwai* formulaefor ftUOrU. T_ ildywilK Ui K Um ti)M (ikyUtH) Irani tbt /Of. mplat ler qiiuts. Amtfkelrfplmliamii,oluulc(lurdUlilc...a..a..t.m...l lOmp/M* airborne concentrations of asbestos libers in excess of 10 fibers, longer than .t&lO.t+S 5 micrometers, per cubic centimeter of y>Blt^H1 `air, as determined by the method pre- gfiiortf scribed In paragraph (e) of tills section. - <c> Methods of compliance--<21 En gineering methods. 0) Bnaijiffcrinp coh- trots, Engineering controls, such as, but not limited to. isolation, enclosure, ex haust Ventilation, and dust collection, shall be used to meet the exposure limits prescribed in paragraph (b) of this WHO* section. - - to.install the engineering controls and to institute the work practices required by paragraph (c) of this section; fill In work situations in which'the methods prereribed In paragraph (c) of this section are cither technically not feasible or feasible to an extent Insuffi cient to reduce the airborne concentra tions of asbestos fibers below the limits prescribed by paragraph (b) of, this Section: or ' . (ill) In emergencies:' ' ' . EiilnfrUaltiMM MQmia)t:han 1% cm,. PMpstm.....-....-_______ ______ .T|k,.,,_____ _ hMilled cement....-.,.-- Gnphlit (mtunil)....--. Coal 4nt (rcniltBbia fHWtkm leu Ibu n 6I0j>........... ... 9900 30 IS lOrlf/M1 -til) lAcal exhaust ventilation, (a) TocM exhaust ventilation and dust col lection systems shall be designed, con- structed, Installed, and maintained in accordance with the American National -<iv) Where both respirators and per sonnel rotation are allowed by subdivi sions <1). <li>. or ail) of this subpara-* graph, and both are practicable, person nel rotation shall be preferred and used. standard Fundamentals Governing the (2) Where a respirator is permitted by Design and Operation of Local Exhaust subparagraph <i) of this paragraph, it Far uurtfhm ttacAP Systems, ANSI Z9.2-1971, which Is in shall bo selected from among those ap lost or Habantt Pwtj ' Rttptrabtc fTMelll,,,_ Total Ayd...,..~--.......... &U0H4 IS iMchP 40 KOTt; ConvnrlOR fiwlot*-- - tajipdXUj-nPUJDn particles jMrcubkmlcr * * lUfUflM |WT #,fc I Miltons of nartidfj f*tr rtble foot at air, bared H lmpnc aatopW cuoiiird by Ilcht-IWd Irelinics. corporated by reference herein. proved by the Bureau of Mines. Depart- <b) See 11910.6 concerning the avail ability of ANSI Z9-2-1971, and the maintenance of a historic Ale In connec tion therewith. The address of the Amer ican National Standards institute Is given to f 1910.100. ' Ciii) Particular tdols. All hand-op meat of the interior, or the National in stitute for Occupational Safety and Health, Department of Health, Edueatlpn, and Welfare, und-r the provisions of 30 CFR Part 11 (37 F-R. 6244. Mar. 25. 1972), and shall be used in accordance with subdivisions <f>. (11), (ill), and (tv) of this subparp^raph. ~ . * Tb* perWOtsr *( pystblUne folia In the fonnpla-^- erated and power-operated tools which tf tUe 1UWUM cJ'irrmUx-i) frail! hir>lrn)- tsetfii In Um li.inncw In wbicb oilier mctlnds been atiovB to b* : pllruble. - mto . may produce in excess of or release asbestos fibers the exposure limits pre 1 Ai detcmtficU by it* mnnbrane filler ttftboO U OH XaIlipthbmfMo fpnocnn^ntnrtal*rgftr.tlfmloflnapiJnidailpOelrkcaent neftMf* foir tih* sSUcrCi,bHe,,Od,,S.inub.u.p*tanrao*gt Trliamipi*htie*<*djb*)tOo, fS__at_iMl_l5s, _ss_ec_oc_rt_ieo_rn_s,, 0) Air puri/yni respirators. A reusa- }j^j_ ble or sjndo uge air purifying * iplralof] ^ or a respirator described" In' f-;..jiHYlslen" " .(11),,op,,.rJ u(,ill); 0o1f vthnis>s!uobwpnarwagnrtuar-iptluhid, Mfschuafieull BjipifonUiMi or Uih limit m m) be ficicrmincii (m abrasive wheels and drills shall be uro- M usf(Lto renuc. tn. opnecntranons ot .. lu irwilon nuaii_ic__%__lh_o_i_c_lc_c_i_e_r_*_i_u_i__U_je__fo_ll___1_nc v..i.c..l.e..d...t.wa...i.4t.h.c..c.l0orcdaalnecxeh_^a__us_t vseu' bn.dt.i.il.va..i.ts.ioionn s<ylsi>- mbKaiIrlbovooww~r~_ntehfeai.siXebxP?psOtoofsistuirhreebnehlitmm_sTTiitnfres0--(phreesreesrntpbteierdad'tionr tr - AttBdrnsnUc Ciintlrr . funli daisill* ppticrC) rtttfnt rafting pelcclOr of this subparagraph. v (2,) Work pra,c,tice.,s- ~li\ '. .. . if t paragraph (b) of this section^ when the celling or the 8-hour time-welchtStTSVer-* toefSTrEbme concthfraBons of'asbestos Insofar as pracUcabJc, asbestos shall be exited to exeecf . ' AS ' At - L9 ] 0 ' . . uM - U handled, mixed, applied, removed, ceuutt`,' fab~inSre~tfifln Ip tjm.eV'those Timi,ts7 scored, or otherwise worked In a v,,et "" Ml) "lowered orr puTifying~rcspirators. 01 airoorne uuera in mcbss oi tne ca- ^rJU-r,irai.ll ... L ^lT. ^.-^TJ~7rr`"^:.r[fv{r..T posure limits prescribed in paragraph ^ if , yn-:*'* TIm, rajKOfcuMnto Hiijier ibu non rciw ioU c ef <p) of this section; unless the usefulness T?*",tor _pe~-.r1 Nen* thn-oby ; tlo" " Srbi "o7Sb" otofflbTMTM So iii 2, A new i 2226.93a is added to Part 1910, reading os follows; . 1910.93a AtbcMe*- - (a) Definitions, For the purpose of (11) Particular products and' opera tions. No asbestos cement, mortar, coat ing. grout, plaster, or similar material containing asbestos shall be removed from bags, cartons, or other containers respirator below the exposure limits pre scribed In paragraph (to of this section, when the celling or the 8-hour timeweighted average concentrations of Asbestos libera are reasonably expected this section, (1) "Asbestos'' Includes in which they are shipped, without being- to rxccedJO times, but not 100 .times, ehiysotile, nmosite, orocidolito, tremo- either wetted, or enclosed, or ventilated those limlt^w---------- ~----" - hLe.anthophylhte. and actinolitc. (2) "Asbestos fibers" means asbestos fibers longer than 5 micrometers. (b) Permlssfbfc exposure to airborne concentrations of asbestos fibers--(l) so os to prevent effectively the release of ' W"-T......23/^72-, . airborne asbestos fibers in excess of the TM?i{ Y' limits prescribed in paragraph (b) of fi?ntra"OUI or. pressure-demand r ,L> this section. C" eontinuoji* flow or pres- / `Suliplicd-ai'r""'rtsplrat6r ' thp'coheentfa- , M" ,*\ -Standard effective July 7, 1972. The asbestos fibers in the > 4 l.a 8-hour time-weighted average airborne . concentrations of asbestos fibers to '"pipes, structures, or efuilpinent"covered exposure limits pre- j:t c' scribed in paragraph <b> of this section,' - / which any employee may be exposed `Or-insulated with .asbestos] and in the ahall not exceed five fibers, longer than imrevirl^or^dcmdlitioji^cT asbestos in- when the weighted ceiling average oarirbmthoerneB-hcoounrcctnimtrae-- I ",u 5 mibrometers. per cubic centimeter of ^t!l"^ri^..^llrhT tions oif aVbcstoT fibers arc reasonably air, as determined by the method pre scribed In paragraph (e) of LIiu section. <2) famierd effective`July t. l$7$. with 'aifqc' wreitshp'iprairtaorcyracpqlTuuiifHTnTcZiHirilnIl.i^aoccf'Tohrdts- ^J^lcd^.eaifeeJ.lOp.Umcs those limits. section and Mith special clothing in ae- tlvj Establishment of a rcsjtlralor pro Tlio 8-hour tiine-wqichtcd average air cordancC tWlh paragraph (d) (3) of this gram, (a) The employer shall establish borne concentrations of asbestos fibers section^ a respirator program In accordance with fC%pEKAt tcClSTCK, vOL S7, NO. IlO--WE0NE5DA.Y, JUNE 7, 19X2 MAY-13-2003 12=01 WILLIAMS BAILEY LAW FIRM 7136436226 , . *: P.05/09 RULES AND PECULATIONS 11321 -( Ujc requirements of the American Nn- where Asbestos fibers ant released to be subparagraph shall Conform to the ie- IfanM SUwdimls Practices for IlcsnirA- moimoi-tjtrin such ft way iIs`lo"UctefnlIne" quiremenls of 20" x 14" vcrLical form,it toi-y protection, ANSI ZB8-2-l)Gfl. which TlfeCher every emlTloVccLT'c^Po^ufe' to stans specified lu $1910.H5(d> (4). end is Incorporated by reference herein- js&cstos libers _fs~b'cJp\Fthir Ilmitejirc-^ to this subdivision. The slmis shall dis* I;, See flOlO.G concerning the avail* "Itcrrecti in ParaGraph (h)"of this sec-''' play tho following legend in the lower ability of ANSI J8fl.3-lflG9 and the main- non. n the limits are exceeded, the cm- pane-l, w-it-h--letter sizes ond styles of & tennnee of an historic file in connection ploycr* shall immediately undertake a risibility at least equal to that specified therewith. Hie address of the American compliance program in accordance with In this subdivision. National Standards Institute is given in, paragraph <e) of this section. n11910.100. <31 Personal ffltmi'/orfrig--(11 Sam- <e) Wo employee shall bo asslmcd to pfeSTilidlLbe collected frorii within Uic task* requiring Uic use oi respirators"^ breathing *one of the employees, on plbsryjw^IlEIasEyeeFnEfxa^nmaLion, membrane filters of 0.8 micrometer po- ffas cxamlninc physician*Qe&nninesTIiat* rosslty .mo.u.nte*d -in an ope-n-'luce filter tifenS MpIiIIm Asbestoe______________________ J" San* Serif, - OiD.ilo.e_ctrXhi ie or Dust .........`. 44" Sane Serif, G**o't*h*i'c or 'ihcYcmpIoyce will be nHible^ tp ruhetiofi* holder. Samples shall be taken for the fformmrjr wt/annir a respirator. or'tliinr determination of the 8-hour time- Tho gTiTclV of HdftJUl 61 tflC~tniI51byce~6r weighted average airborne eoneehtra- oTOcycniPloyees win w^nfpSIfiSl' by hi* tio&s and of the ceUinff-oonecntraMons of 3m wscoTi respirnLor. Such employee"jihall t, ie _F_A_t_a_t_e_a__t_o__n__n_o_i_n_c_r__J_o_b..o.r..g.i.v.e.n..t.he asbestos fibers. * (ill frequency-and patterns. ^ opportunity to transfer to a different po- -After thcTnitial deteiinlnatiorij required ' Bloeic. Avoid Breathing Dust..:.- Wobutic, 'Wmr Assigned ProLeellva ft" Gothic. Equipment. . Dc Not Remain In Ares l&*rOothic. ViideM Your Work; Re* , quires It. Breathing Asbestos Dust U point Cathie. Q sition whose duties he is able to perform svibpfttftcratth-l1j_~ of this paraersiplf, M*y Be UeetrdAiu To S. with Uio same employer, in the same gee* samples shall be Of sitcE' frequency and Your Health. . graphical area and with the same scnlor- pattern as to represent with reasonable Spacing between lines shall be at least ity, status, and rate of pay he had just prior to such transfer, if such a different accuracy the levels of cxjxisure of em ployees. in no case shall the sampling be equal to the height of the upper of any two lines. position is available. , . done at Intervals greater than 6 months <3) Special clothing: The employer for employees whose exposure to asbestos shill provide, and require Die ussefo. i.iho-_ may reasonably be foreseen to exceed Uftl Clathllid. &U7Y aTcoveralis bor iiimfilaarr-- the KmiLs prescribed by paragraph (b> - (3) Caution labels--fl> Labeling, Cau tion labels shall be affixed to all raw materials, mixtures, scrap, waste, debris, and other products containins asbestos -tfhole boc "____ of this section. * fibers, or to their Containers, except that M *rJgri5Taiia foot c61ierlhfcs"Ibr~flny~em- ^nuyet Exposed to airbomS eoTi'cTtat ra tions of asbestos fibers, which exceed the ceiling level prescribed In paragraph lb) oi this section. ., (4) Chance rooms; <i) At any fixed place of employment exposed to airborne concentrations of asbestos fibers in ex cess of the exposure limits prescribed in paragraph <b) of . this section, the em ployer shall provide chance rooms for employees working regularly at the place* till Clothes tocUcrs: The em.plo.yer shall provide IwO^tparatjfKCKWWOrcoiI?- tkinfersTtfr'eacn employee, so sepftFnlea dFlWlatWTa* to iW9fcfft coritaminnClQ^ dTtlTC-ehiplBl-fcc's street"cT6nrcs'Ircin fils' rarjrararac-:------------------------- ------------- _ (3) Environtntmto.1 monitoring-- ci) simples shall be coDectod Tfom areas of a work environment which are represent ative of the airborne concentrations of asbestos fibers which may reach -the breathing zone of employees Samples shall be-collected on a membrane filter of 0.8 micrometer porosity mounted in an open-face filter holder. Samples shall be taken for the determination of tho 8- heur time-weighted average airborne concentrations and of the ceiling con centrations of asbestos fibers. (ii) ^gripling frequency andjpatterns. Alter the initial detemilhatrops required by subparagraph Cl) of this paragraph. samples shall be of such frequency and pattern as to represent with reasonable no label is required where asbestos fibers have been modified by a bonding agent, coating, binder, or other material so that during any reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no airborne concentra tions of asbestos fibers In excess of the exposure limits prescribed in paragraph lb) of this section will be released. (li) Label specifications. The caution labels required by subdivision <i> of this subparagraph shall be printed in letters Of sufficient size and contrast CIS to be readily visible and legible. The label shall state; Cavtjok . Contains Asbestos Flbtn ifli)^iAundering; (a) Laundering of accuracy the levels of exposure of the - Avoid Creatine Dust ' * Asbestos contaminated clothing shall be employees. In no case shall sampling be Breathing AaOeatm Dust Elay Cu*n done so as to prevent the release of air at intervals greater than G months for garloua Bodily Harm _ borne asbestos fibers in excess of the ex* employees whose exposures to asbestos (h) Housekeeping--(1) Ciraniny. All posure limits prescribed in paragraph (b) may reasonably be foreseen to exceed axtemaLsuifaccs in any place of employ- of this section. the exposure limits prescribed In para- ment shall be maintained free of Aceu- with their excessive frtilfih'Cb effectively prevent""\fic release WiwrL'untEyHd''observdniifS^ib5nllbnhff SeTr'"ffdltIt^JtlCAnmTba BasTS>eAsrllii4isp'' fibert'<inn excess 'oi ~ required"[)j;'tHrpa1ritgfiiini'5HdYhigni_a_v_e_ "the-cxpd'Simnimur iir'^irlbed in pont- 'icetsslo (lic'rgtDnttnhgrcof-.------" ^apIQfiT'drThitf'se'tftlbfl;--" " --r'" (e) Cflufi'on sipnj nuJlaBeZi. (1) Ccu- i.ytc)' Contamirmtcd clothing shall be tian fign?, (1} Posting. CAuLian sign* transported in scaled impermeable bags, shall be provided and displayed at each or other dosed, impermeable containers, location where airborne concentrations and labeled in accordance with para of asbestos fibers may be in excess of the graph Cg) of this section. exposure limits prescribed m paragraph disposal. Asbestos waste, scrap, debris, bags, containers, equip ment. And asbestos-contaminntcd cloth ing, consigned for disposal,- which may produce in any reasonably foreseeable use, handling, storage, processing, dis posal, or transportation airborne concen tration* of asbestos fibers in excess of the exposure limit* prescribed in paragraph (b) of this section shall be collected and (c) Method of measurement. All de termination* of airborne concentrations of asbestos fibers shall be made by the (b) of this section; Signs shall be posted at such a distance from such n location so that an employee may read the signs disposed of in sealed impermeable bags, or other closed, impermeable containers. (1) liccordkocpinri--(l) Exposure rcc- membrane- niter method at 400-430 x and, take necessary protective, steps be ftfrfj ^iali ^flintaiil rCC- (magnification) (4 millimeter objective! fore entering the area marked by the awt^ pf any personal, or environmental with phase contrast illumination, - <f) AfoniforiHO--(1) Initial ,determi nations. Within 0 months of the publi cation of section, ivery employer signs. Stan* shall be posted at ail ap* Imonilonne required oy uus section. Tlcc- proftcbes to areas containing excessive ords sh'allTo TiiaIfitainca"for' a `period of concentration,'; of airborne asbestos at lco^t 3 yean and shall be made avail fibers. - able upon request to the Assistant secre til) _S_i_g_n_specification*. T__h_e warning tary of Labor for occupational Safety shall c&Usc~~cVei7 place of employment signs required "by subdivision (i) of this and Health, the Director of the National ST 0 6 2 1 8 6 l FESEKAI KC01STCK, .VOL 37, NO. 1 i O--WEDNESDAY, JUNE 7, 1472 MAY-13-2003 12:02 .v^.v ' WILLIAMS BAILEY LAW FIRM 7136436226 P.06/09 11322 RULES AND REGULATIONS institute for Occupational Safety and tions. Records shall be retained ' by Instruction section has been revised ac Health, and to authorized representa employers for at least 20 years. cordingly. Minor editorial changes have tives or either. <ii) Access, The contents of the rec also been mode, '. (2) Employee access. Every employee ords of the medical examinations 1. Section 9-1.101 Scope of sul/part, Is find fomicr employee shall nave reason- requiriVeUdIby this paragraph shall be made revised to read as follows: -ghliTflcctsslo any record required toog. avai"labl'e for inspection and copying. nUUfiWIncd 'Ey siibTfnTSiffRfiSiniT'or this to Hie AAsssistant Secretary of Labor for fi 9--1.101 Scope of *(ilipart. -. Tiafagrntfh.-- Whicir^lhureatos Uie em^ O-ccupational Safety and Health, the This subpart describes the Atomic Director of NIOSU, to authorized physi Energy Commission Procurement Regu A:*z- cians and medical consultants of either wlovce found to have been cxposcejftt any of them, and, ujwii the request of n em alrl>oi-ne conccntraUona_of asbes- ployee or former employee, to his physi- -y&riiam in * 'excess of ihtT limits bre- .eian. Any physician who conducts n lations and the AECPR Temporary Reg ulations. it also describes exclusions from the AECPR as contained In the AEC Procurement Instructions, i^bocrIh_paritniph (6T.'of this section ift&Jl be JTOttfTcQ m writing of the expo- -Urt os coon as practicable but not later than 5 days of the finding. Tnc employee cnau also be Uwtiy 'Ednned of the cor rective action being taken. . (J) IScdfeat examinations--(1) Gen* enl. The employer shall provide or make medical examination required by this paragraphjh&lUnrnish ..to 4hc.ompioycr of the examined employee all the infor mation specifically required, by this paragraph, and any other medical in formation related to occupational ex- jxtturc to asbestos fibers, ,. 2. Section 9-1.102 Establishment 0/ ^AEC Procurewent Reptilalitms, is revised toTcad^asfollows: 9--1,102 lLstalilSulmicm of llie AEC FroftirniitBt Kf^itlnilonf itnd (lie AECI'R Temporary Regulations. _ f 9-1.10IL1 AEC l'rtCUrtniAnl Hcpilfl, - available at his cost, medical examina 3. A new f 1910.19 is added to Subpart lloni. . * tions, relative to exposure to asbestos re E of Part 1910, reading as follows: ' (a) The AEC Procurement Regula * quired by this paragraph. (2) Preplaecment. She employer shall provide or make available to each of his employees, irfUiin, 30 calendar days fol | W10.19 ` AsLcsIoh ilu$L ' Section 1910.93a shall apply to the ex posure of every employee to asbestos tions (AECPR) ore hereby established- <b) These regulations Implement and supplement the federal Procurement Regulations (FFR> and arc a part of lowing his first employment m an dust in every employment and place the Federal Procurement Regulations occupation exposed to airborne con of--employment covered by i 1910.12, System. . centrations of asbestos fibers, n compre f 1910,13, 1910,14,11910,15, or 5 1910.26, (c) The affective date of FPR issu hensive medical examination, which shall include, as a minimum, a chest roent genogram (posterior-anterior 14 x 17 in lieu of any .different standard on ex posure to asbestos dust which would otherwise be applicable by virtue of any ances throughout AEC will be the date indicated In the respective issuances un less otherwise provided in the AEC Pro*' Indies), a history to elicit symptom of those Motions. ' - curement Regulations, atology of respiratory disease, and Effective date. Paragraph (b) (2) of <d) The effective date of AECPR is pulmonary {unction tests to include f 1910.93a shall become effective July l, suances throughout AEC will b<: the dale forced vital capacity (FVC> and forced expiratory volume at 1 second (FV,..). <31 Jttttt/jt? maminaiions. Oil or be fore JflimaTV~^T^_lyT37arid at least an- 1976. All other provisions of t$ 1919.93a, 191Q.93, and I9J0.19 shall become effec tive July ?, 1972. The current emergency temporary standard remains In effect Indicated in the respective issuances. 9-1.102-2 AECFIt Temporary Itegu. -. Iiltidnt. nuall^lthercaftcr, every employer shall .until July 7, 1972, (a) The AECPR Temporary Regula provide, or make available, comprehen ($cc=f. c, a, ea suit. iss3,1590: 2a ti-S-C- ess. tions are hereby established. sive medical examinations to each of his C57; is CT*R 19)0.4; Beerel*ry of- Lcbw't (b) These regulations implement and employees engaged in occupations ex Order No. 13-71. 30 F-R. #794} supplement the Federal Procurement posed to airborne concentrations of as- Regulations Temporary Regulations. bestoa fibers. Such annual examination shall Include *as * minimum, & chest Signed at Washington, b.C, this 2d day of June 1972. , They also contain policies and proce dures Initiated by the AEC which are Roentgenogram" (posterior-anterior 14. x Q. C. Osumict, - expected to be effective for a period of 17 meiics), a history to elicit symptom Assistant Secretary of Labor. 6 inonths or less. atology 01 re3#lriil6ry disease, arid pulmonary junction tests to" iridude |Fit Doc.72-8574 Filed 6-C-V3;8:<8 ) (-) The effective date of the FTR Temporary Regulations issuances lorccq^yiMu^ capacity^ tlVUC)' and forced .throughout AEC wfll be the date indi cator in the respective issuances unless (4) TcnuntiTion 'of employment. TTie' Title 41--PUBLIC CONTRACTSemployer shall provide or make ^yaii- otherwise provided in the AECPR Tem porary Regulations. gbip. within 30 cfl7chdar~5ayi hclgrc or AMD PROPERTY MANAGEMENTafter Uve'fienhlnatlbh of"'employment of <d> The effective date of the AECPR Temporary Regulations issuances any_empIoyec,cneagei3ixfan occLpaLion' '.exposed tqJ^irbonie^coneeijt^tilons of asbestos fibers, a comprehensive medical Chapter 9---Atomic Energy Commission throughout AEC will be the date indi cated Jo the respective issuances. <c) The AECPR Temporary Regula 'exinilnanan`WhJchrsha11 'include, as a ' .. minimum, a chest roentgenogram (pos PART 9-1--GENERAL tions arc a part of the AEC Procurement Regulations and the Federal Procure terior-anterior 14 x 17 inches). a history Subpart 9-1,1--Procurement ment Regulations System. All references -to elicit symptomatology of respiratory Regulations to the AEC Procurement Regulations or disease, and pulmonary function tests to include forced vital capacity (FVC) MISCELLANEOUS AiJXNDMEN'TS AECPR in S{ 9-1.103 through 0-1.109 of this subpart shall be deemed to include ` and forced expiratory volume at 1 second The changes made In AECPR Subpart the AECPR temporary regulations. , <FEVtt). . `9-1.1, Procurement Regulations, have (S) Recent 'examinations. No medical been. made, in order to establish the examination is required of' any em AECPR Temporary Regulations; which ployee. if adequate records show that arc a part .of the AEC Procurement Reg 3. Section 9-1.103 Authority,`Is revised to rend os follows: - 9-1*103 Authority. ' the employee has been examined in ac ulations and Ihc Federal Procurement The AEC Procurement Regulations are cordance with tills paragraph v/ithin the Regulations Sy:;tcm. The AECPR Tem prescribed by the General Manager; As- . past l-ycar period. porary Result ,ons implement and sup sistanl General Manager for Administra- (0) Medical records--(1) Jfcinfe- plement the 1'i`R Temporary Regula tlon, or the Director, Division of Con nantu, Employers Of employees examined tions. They also contain bolides and tracts of the AEC. pursuant to the au pursuant to this paragraph shall cause procedures initiated by the AEC which thority of the Atomic Energy Act of 1954, to be maintained complete and accurate arc to be effective for a period of 6 and the Federal Property and Adminis records of oil Such medical examina months or less. The AEC Procurement trative Services Act of 1949. 7 . 9 8 Z 9 Q I- S\ rsoEiut KtcisrfK, vol a?, no.-no--wconejpay, jime 7, i?rz - .j \ .V:- , : Lfei v"T '-13-2003 12:02 WILLIAMS BAILEY LAW FIRM 7136436226 P.07/09 223P43. 1 : . RULES AND REGULATIONS Tixa O-a ' . ,ci Methods of cavtpliznce--n.)r Er,~. (0 Bngineertnsr con _' SlabeM ' . . t..-wibto- ii.oftbrtii*t.1,ae..a. . -.eAeiBeeMuaut&tc0n^ccalH AtUcbcaH*palectocra>*pialiMBblkouonlarltisul--fhalei--npn.cnq.c.^c..iAb..(e.i-->n-. . trols- Engineering controls, such fc.\ hut not limited to; Isolation, enchigiirg.* ca,- -- -- haust ventilation, and dust collection? . - . C. eKHtXqtU*.. . UUls^a"tisa- shall be Used to meet the exposure limits -prescribed In paragraph <by o this section. .' ' B#bi#{237*4-1M,----w.;. iQp-ojai_____- asp.pjji.,___Mp.pjn__________, loralantu, (Ji) Lead exhaust ventilation. ' (a) ,SvrrUius *ad twrlllim cacapounds __________6 . ___, S5*r./VJ________JaninuiM. Local exhaust ventilation and dui: .col- . - Cmaiua hiw D.in(^v>^,,. }n{,Ai`.TT.,,,,........................ . lection systems shall be designed* con- * l?Mimliim dint fTJtr>I9nn_------------ .. 0.*Ofc/M1DA CUHO dlsulil* CIKA-l***)_______________Syp.p-lO__________ ----------,' . ldg Po. ' stmeted, Installed, and maintained iu Cnrbon Wmchlorid*(lT.L7-l ' __ 10 p.pau--------------23p.pja.,,,.,rt'20ap.pja.mu__ 3Mlnut*iln 1 ' , Myibdurt* tbyi*ndlbrcnltf*tTWJl-lsra) S0p.jun.._..._ aOp.pjn... ', ...Mp.pxn.._...-. Esinut**. EtbylUL*dlcfclWUl(Z374M9i0J___________Up.pA.v.,, lOUp.p-m______H0p.pi______Afitlaulaia ' accordance with the American Rational Standard Fundamentals Governing the Design pud Operation of T<icel Exhaust Zp.pja-..-.,,.. iQp.pA. --<10,.................................. **MWjftrf ltWHi Systems* ANSI Z9.2-197L which is in corporate! by reference herein. . ... TOOTH* uiluit --------------- iewfVM1-- . i41f9e1d9P).Pdltaldafpul'B.eoapnw4(Z3Ml-' P.Saic^M. 1. <0) see i 1910.6 concerning the r.-aii- - > . ability of ANSI ZMWB71, and - thf. .. SUtbrlcUwbi* (Z37.U"lSfe..l_..____iOOp.p.3tUUiylHi* Cplaridt fZT4-UM),,_____i____900 P-P-Tn,. Brj^mo* (Z3i.j4-i*rt TricbJAHMbrWi* (11743-13*7)__ ___ TMnAbkmtbylaAB (Z3T4a-10rT>,, T4*a* G5#7.-lMn.-- Hydrtfp mad* gg>wq^..^ . nop.pja,___ .,,, SCO p.pjn..-___ uiyltHuz*. " , ),oad p.pju--..^. ^CNp-bA....: Omlastula * Q.lhat^U * _______ BfcJ 1 baiTL ' esp.pn...... . 000 .5 zqisutw (a laylhoun, maintenance of a historic hie In- conaec--' tiori therewith. The address of the Amer- lean National Standards Institute lx ca gives in J 1310,100. '. '*r Oil) Particular tool*. All hand-op-' 3 siiEBW la uySliMira Saloatwl? crated and power-operated tools which may produce or release asbestos fibers -J uy 9 noun, 3mp.p4*.. KOp-PJA..___ lft ifdaptH. , Mp.pA,.Hh.n. U(.|ua._.u 10 BilAdtW ( ' in excess of the exposure limits pre scribed. in paragraph b) of this section,. VO K- ... ' V,; -'.v, oa>nhflcl*tWtwdMffvBbkflXpnUn- sUsh as, but not limited to, saws, scorera, . - abrasive wheels, and drills, shall be pro M.fcort --_______________ Ctooais add and etoimnw (&7.T-1V7I)_________ - ___1 B.AfJ*l1I_t_____ win. . vided with local exhaust ventilation, sys tems in accordance with subdivision (ill- . Of this subparagraph. .. " ' C2)<*Yfarfc procricE>- <!> TVt methods, Tin 1 n > Kllllil Tlimi indwilt CluMtof (tu3lidulrysphfV) PAcrmt puflsc Hlactar- , insofar as practicable, asbestoa shali bix . hanged..Jitead. amdlen- r^nvia .Bolvtsw* ] Slpifcl* MSPP Bilk*; ' OmiaUlftK : .. Qatns Cft*pirVto>Jw,,....'. . . 3X . WnifM1* S as Miaf* , !f5en- r .Dtt.iefwlSf: ^ emo 9We - nau, BUuifitant to prevent- the cmiailou -oTalrborne fibers in excess of the ex- ; Unfits prescribed in paragraph' (b) of this section, unless the usefulness CrtfbBhaH'*: Vm )* Ihm %BiCh+9 ftStOt+l aOni/M1 `ftS|Oj+2 -uThSl iJn3tCMUforaratnwunpUtbnUaIUK rtttiaa iRl MMinibntotmineluamn oWf enf(i Cut if d*tonniPttl *ith SIUs at ftrert wrdpoudlDp of the product would be diminished thereby. (It) Particxdnr products and opera- . Talus BiL'otottd (ran to* ta ibu at 1A b tb Uhh tomldotIf*4Ux.'ift tion*. No asbestos cement, mortar, coat- .eouiu mn fcmnlis igt qtum. rneywHrt Cm U fecTHu 1 11910.93* litmkoi. - ' . tag, grout, plaster, or similar material containing asbestos shall be removed qikwiwiit Inm ihii . -. BllWferqiiartt. ' ' Anorpimif. tariuOlnf (a) -DeJlnitions. For the purpose of from bags, cartons. Or other container^ this section, (l) "Asbestos" .includes in which they are shipped, without being- asiDp . chiysotile, araosite, croddolite, tremo- cither wetted, or enclosed, or ventilated SiiiArm (1--4 Dim 1ft ->* . ' tO'iUncMllitBi)! . SnpMni.,. ___ . Ttk (Aftfooi,'. Vj*nbHn ` 50 SO am iisjo* lite, nnthaphymte, nnd actinout*. (2) "Asbestos fibers" means asbestca- so as to prevent effectively the release of airborne asbestos fibers in excess of the - fibere lonsar than 5 micrometers. limits prescribed hi paragraph Co) of <b> Permissible exposure to airborne this section- . .. .-. . concentrations of asbestos fibers--(I) ' - cm) Spraying, demolition, or removal. Standard effective July 7, 19?2. The Employees engaged in the spraying of TrtiflAllrf (tra isle, Obms) Partiaifl ___..... B> 6-hour- tlme-u-eighted average airborne asbestos, tee removal, -or demolition' cf conccittrAUons of asbestos fibers to plpta, structures, or equipment covered QnPAI*r (qiURIi>..,........ CoH CmilmhU (nwtteB JaultiliaftWCls) __ Ter aan dan 9ft SIO*.iul_i IS Which, any employee may - he exposed or Insulated with asbestos, end in thr shall not exceed five fibers, longer than removal dr demolition of -asbestos inor 6 micrometre*, per cubic centimeter of sulatlon or coverings shell be provided lDai*njJ air, a* determined by the method pre with respiratory equipment in accord- lc*rt of N'JisiripB Dnt: ftSlCi+3 scribed In paragraph () ef tbis section. f2> standard efhtftio* Jirht i 197K snee with paragraph (d)(2) (ill) of this section and with special clothing ins eec- Rr?pim(ii< (ncden.^._,, Taill Jal!...,................... 1.1 ft) Map'll The 6-hour time-welahted averuealr- eordanee with paragraph (A) C3> of this, home concentrations of asbestos fibers swtloa. ' *. RATE; CnnTn|4n IsttOn SappilXSi.S-tT.MIoft PwtlcUip*7tnbieiB*l** -pirtlcU-i pr e.c, tcp?M-iU*-MvrfHvl'ftt*>y( '.P-attniiJH pebfyctiblfi tv>: or air. butd oa 1 TJip ftt cryntiUm- siii in th formuLt U (be *ir.t*nst flrirrSilnri iron alr.hnr.i* wnplM, ex> c*0; In iq wbim othtr ntibodj a*vi ben SlinAii m I^Tip.'ilUuUt. S-WAWiwl t>7 tht THihtqTi Slvar Qttbea St >jJxpnL.-+- ti.ntr.ut nnenl/teHtloti. hntb wiiv^ntrn'htn and fiwwitauafrt eitiwolinli Ji.thi ar.- pi hi rtttrrnintfd ` P -4 thn t.illi.wiiv .... * i < l'/. |f > qu^U, uj# quvtj to which any employee may be exposed (d> Perianal protective equipment-- shaU not exceed two fibea. lonc&r than > Comoliay.ee with teeuBsaftsara limits 5 micrometera. per cuoic cer.timefer of nre^^bcfrhv t-ArirgH.an ijbi ot tan sec? an-, as determined by the method pre- fT5n~maf not.be. ftchiarsc! scribed in paragraph <e) of this section, rcsgirwcom^or spue ltitatt^fn of jw- (3) Ceillnp concentration. 2To cm-- ployee shall be exposed at any time to W Dartig the`time period nece-scars- airbo;-ne cencentratious of asbestos to Install tin? engineering controls and to institute the work practices required' by paragraph fc) of this section; . . ------ pro fii) In work sitiictioos in which tl-- scribed in paragraph (el of this section. laethoda prescribud in paragraph of FE&PtAL RECiS7E2, VOL 37, NO. 302--WEDNESDAY, OCTOBER IS, 1972 ST0U372I 8 MAY-13-2003 12=03 WILLIAMS BAILEY LAW FIRM 7136436226 P.08/09 ' this McSon. are either technically -not feasible p; feasible to an extent iaauffi- ad upon his most recent examinnUcu. hr Y-ns ef the employees. ^ i examining physician determines that m-. ,`rar.c Ciicrs of O.fc micrometer po- detifc tp reduce the airborne concentre-* the employee will be unable to function rosi:y mounted In an open-fs.ee toes of asbestos fibers below the limits prescribed by paragraph <b) of this normally wearing a respirator, or that the safety or health of the employee or holcer. Samples shall b taken ice tie determination of the 8-heru;--t section; or other employees will be impaired by his veighfed average airborne caatentr:-- `OH) Inemerfceaeles. us* of a respirator. Such employee shell ; ions and of the celling coucemraiiops - f (tv) Wbera both respirators and per-- bs rotated to another fob or given the tsbestos fibe;-5. gonael rotation are allowed by subdivl- opportunity to transfer to a different po fi(> sampling- frequency and pattorr-s. * slots (i). (1:L or (iii> o' subpara sition whose duties he is able to jxsrfortn After the Initial determinations required graph, and both are practicable, person with the same employer, in the sea,& geo by subparagraph <I> of this paragrapin nel rotation shall be preferred end used. graphical area and with the some senior samples ..hall be of such frequency and <3>-Where a respirator permitted by ity, status, end rite of pay he had lust pattern ns- to represent with reasonable subparagraph (X) of this paragraph. It prior to $uch transfer, If such a different y-ccurtcy the levels of expestire of em shu.ll be selected from among those ap position Is available- ployees, In no case shall the samniirff k* proved by the Bureau of Mines. Depart (3): Spedal clothing/ The employer done Ugtorfals greater than fi mnnrR ment Of the Interior, or the National In- <haH provide, and require the use of, spe ror employees whose eparare to asb^ios _ stttuie for Occupational Safety and cial clothing, such as coveralls or similar =*-* retartar n> to Health, Department of Health. Educa whole body clothing, heed coverings, theKrniljnrgscnbedb^jaregTagr^O.f tion, and Welfare, under-the provisions of gloves, and foot coverings for any em 30 CFR Part 11 (37 pjt, 5244, Mar. 25, ployee exposed to airborne concentra ~iZ) Environmental monitar(ns^ti> 1372), and shell be used'in accordance tions of asbestos fibers, which exceed the rambles shall-be collected from areas cl Tdth subdivisions lii). (ili), asd nr) celling level prescribe in Bvmann &) a work environment which are represent of this subparagraph. - : of tuis se&uon. . .' ~ ative of the airborne concentrations of (i> Air verifying Terpirdtors. A reuse '.(> change rooms: (1) -At any- fixed asbestos .fibers which may reach the . hie or single use air purifying respirator. place of employment exposed to airborne breathing zone of employees. Samples or respirator described In subdivision concentrations of asbestos fibers in ex shall be collected on a membrane filter till or <Ui> ox this subparagraph, shall cess of_thg exposure limits nreefH^-XTr, of 0-8 micrometer porosity-mounted in be used to reduce the concentrations of Darj-grnnW toi nt mis section, the Em an. open-face filter holder. Samples shall airborne asbestos fibers hi the respirator ployer shall provide change rooms for be taken for the determination of the - . below the exposure limits prescribed in employees wording regularly at the place. hour time-weighted, average airborne paragraph (b) of this section, when the . (U) Clothes lookers: The. employer concentrations end of the ceiling con celling or the 8-hour time-weighted aver shall provide two separate lockers or con centrations of asbestos fibers. . age- airborne concentrations of asbestos tainers for each, employee, so separated fibers ore reasonably expected to exceed Or isolated as to prevent contamination no more than 10 times those limits. . of the employee's street clothes from his : - .-<li) Poiaered air jmrijyinp respirators.' work clothes. . . '. A'full facepiece powered air purifying (ili) Laundering; (s) Laundering of respirator, or a powered air purifying . asbestos contaminated clothing shall be . respirator, or a respirator described in done so bs to prevent the release of air- subdivision (Hi) of this subparagraph1,, borne asbestos fibers <n fff ***-*** shall be-used to reduce the eaneeitra,-- bpsure limits prescribed in paragraph <b> dons-of airborne aobestos fibers in th,ee '! inussBcwon. . respirator below the exposure limits pro* (b) Any employer who gives asbestos- scribed in paragraph (b) of this section, contaminated clothing to another person 'When the ceiling' or the -8-hour time- for laundering shall inform such person *ii> Sampling freQti&tcy cKd patterns. After the initial determinations required by subparagraph <1) of this paragraph, samples shall be of such frequency and pattern e$ to represent with reasonable accuracy--the levels of-exposure of the employees. -In no case'shall .sampling be at intervals greater than 6 months for employees whose' exposures to asbesios may reasonably be foreseen to exceed the exposure limits prescribed is para graph (b) of this sectiou. weighted -average concentrations of of the requirement in (a) of this subdi (4) Employee observation of mon-tor- Asbestos fibers are reasonably expected vision to effectively prevent the release ing. effected employees, or their reg- to exceed 10 times, but not loo time, those limits. . (iii> Tr0e"C"stippUea-drreajrirators, of airborne asbestos fibers in excess of the exposure limits prescribed -in paragraph <b) of this section. reseniativeS^ffSirTinBySy^TeSsonShle* rcreiure^hTut-h~lie-nw-H--i--: Brngunnae continuous /low or- pressure-demand (c) Contaminated clothing shall b* access to the records theraaf. dosi;.* ^pe MC** continuous cow or pres-. transported in sealed impermeable bags, i) Ccuifon lipniecd labels. (l> Cttu- SsmlU^'O-d-deemmaan&da. SsuUpOpalileiedd--aaiir reasropiirfattaor , or notihe^r Hdons<edrf, jimpSeitrmmeeaWble* fcrotnntfaiine^res, (i) Posting. Caution sigis shall be used to reduce- the concentre- and labeled in accordance with para- shall be provided, and gfeTch tions of airborne asbestos fibers -in the graph (g) of this section. . . . --, itganna tr^ere airborne -'respirator below the exposure limits pre- (e). Method of measurement All ds- asbet^ffbers may os- '" scribed in paragraph lb) of this section, whan- the ceiling or .the 8-hpur 8me-. vrai^lited average -airborne coaeentra-' : membrane filter method at 400-453 X E.T'iurE sl disiaoc* from such a location i.ocs of asbestos fibers- are reasonably (magnification)'(4 millimeter objective) -so that an employee may read .the signs expected to exceed 100 times those limits, with phase contrast illumination. nnd take necessary protective steps be (lv/-SsieblisJtittsnt of a respirator pro-. (f) Monitoring--(1) initial determl- fore entering the urea marked bv the yrem. (a) The employer-shell establish: nations. Within 6 months of the publi- signs. Signs shall be posted at ail ap- a respirator program in accordance -with cation of this section, every employer proffehes to areas containing cxces3;ve tiw requirements of the American Nit--, shall cause every place of employment concentrations'- of airborne asbestos xlcnai Standards Practices for Respira- where asbestos fibers ere released to be fibers. ' tory L'roteetion, AKSI 280.3-19$?, which is incorporated by reference herein. - - b, fjjse 11910.5 concerning the avail- sbLi>f of ANS- 208.2--19$9 and the main-1 tca-`.nce of as historic file in connection monitored in such a way as to determine whether every employee's exposure to asbestos fibers is below the limits pre scribed in paragraph. (b> of this sec tion. if the limits are exceeded, the era- KI) Sign specifications- The warning signs required by subdivision <i) of ;fci* subparagraph shall eonform to the euircmtnts of 20" x 14" vortical lar&at signs specified in j lSio.i45(d) <-). aiii ic ti-s subdivision. The siens shall c:s- play the following legend in ths lower panel, with letter sizes and styles of c visibility ct least equal to that specified to this subdivision, . .= FEOCSAL tEGlSTSa, VOt- S7p-NQ.-202--WE0NSDAr.^CrO9^ t3, IV'2 MAY-13-2003 12=04 WILLIAMS BAILEY LAW FIRM 7136436226 P.09/09 221-14 . RULES AND REGULATIONS . ST0437ZIV Legend dotation Paragraph, which indicates the em to tli* Assistant Secretary of lAbcr AAutoi _____ *_ i" earn m. ployee's own exposure to asbestos fibers. Occupational -Safety end- -EteaHhr DusE Avoid Stocking Dust.., Wnr Assigned Frot*Ctlta 1 Equipment. , . ' Do Noe JMsala In Art* tmiuf Tour Work *- Qetbie Or (3) .Employee notification. Any em- Block, ` S*m SArlf.. plo>.ee.f?^tp hav*hT !TO05gdfl^1Jiy tlflll 16 iirborne concentrations or a&oes- Oothle niocV-' % " Gothic. V*" Gothic. or tM fibeW VL ixefcU Al Ifin'IiiU We sdJEwfin uarLhHUIl 1UJ lii LIU lUlUon . shau oe noL~nefl Hr^fitlUU L~ U'ie sure as soon a* practrcaoie out not later li"Ootblt than 5 days of the finding. The employee shall also be timely notified of the cor Dixector of NIOSH, to authorized physi cians and medical consultants of either of them. and. upon the request of an em ployee or former employee, to his physi cian. Any physician who conducts medical examination - required by this paragraph shall furnish to the employer of the examined emplqyee all the infor mation specifically required by this quirwl*. , rective action being taken. , paragraph, fthd any other medical in- fe:Mt4l3{ AAHttt DUSt May B* Vttirdoui To Your Enlm. 14 point COiC. (J> Jifedicol rattmftirffon*--(1) <tot ' , eral. The employershalt-pfovldft ormakc available at his cost, medleal. exsmina*- Spacing betwwa lints shall he-at least tlons relative to exposure to-asbestos re forzaatiotL related to occupational . posure to asbestos fibers. 1910.94 - Ventilation. a.- equal to tie bgpfr of the tipper of ray , qulred by this paragraph. ' Co) Abrasive blasting--(l) Defini two lines. : . > ' ' 12) Preplccement. The employer shall tions applicable to this paragraph.--(1) (2) Caution lafretj- (1* Labeling, cau provide or make available to- each of his Abrasive, A. solid nubstanci used In jx tion label* shall be afixed to all raw employees; within 30 calendar days fol abrasive blasting- operation. materials, mixtures, scrap, waste, debris, lowing his first employment In an (li) Abrasive-blasting respirator. ,s, and other products containing asbestos occupation exposed to airborne con continuous fiow air-line respirator cot: fibers, or to their containers, except that centrations ot asbestos fibers, a compre ' strutted so that it 'will cover the wearer's no label is required where asbestos fibers hensive medical examination, which shall head, neck, and shouldera-io protect him have been modified by a bonding agent, t include, as a minimum, a chest roent- from rebounding abrasive. coating, binder, or other material so that, genogram -(posterior-anterior, 14 * 17 <lii) Blast cleanhuj barrel. A complete- during any reasonably' foreseeable use-- inches), a history to elicit symptom- enclosure which rotates on an axis, or handling, storage, dHpo-ral. processing, or atology of respiratory disease, an"d, which has an internal moving tread to ` transportation, no airborne concentra pulmonary function tests to Include tumble the parts, in. order to expose vari tions of asbestos fiber* in excess of the forced vital capacity (FVC) and forced ous surfaces of the parts to the action of ' exposure limits proscribed in paragraph expiratory volume at 1 second (FEVi>). an automatic blast spray. - <b) of Uthih!5..sseeccttion winll obe relieaseda. ((33)) AAnnnnuueell eaxmamaiinnatioannss.. OOnn oorr.hbea- (iv) Blast clcanhtg rbom. A complete' (U> Label spectjltaticrrts. The caution fore January 31. 1973. and at least an- enclosure ` in which hlasttag operations labels required by subdivision cl) of this nuauy thereafter. every empbyer shall are performed and where the operator subparagraph shall be printed In letters proving. or mace avauao:<L-CQmngafleti- v-'orhs inside of the room`to operate the of sufleient size and contrast as to be swe meencal erarninaXioci* to each of his b- l-ast-ing nozr-le and- d-irect th- e fiow of readily viable and legible. The label shall - employee* ongageo m occupations in abrasive material. * state: Caption , . . "posed Eo^SrSornS^cSncSfr"a..n..o...n..s....o...fgs- <v) jftlasttny cabinet* An enclosure bBD5mP3B^SfrfilT-gn3tISr^^2i3SHanon where the operator stand* outaids and Contains Pih* " ilrn'l fYintinj TTiiir . . . Brmsmjc iibwtai Dost Mv Csu>* Serum*, Bodily Eva stfSU. lllClUde, a* a minimum, a chest roentgenogram (posterior-anterior 14 x 17 inches), a history to elicit symptom atology of respiratory disease, and pulmonary - function teats to include operates the blasting nosfs through an opening or openings In the enclosure (vi) Clean air. Air of such purity that it will not cause harm or discomfort to an, individual If it Is inhaled for extended- (h) Jifottfctocpirtg^Cl) Cleaning. All forced vital capacity (F?C> and forced' periods of time. .. " external surfaces in anv place ni emaiov- expiratory volume at 1 second (PZV..), (vli) Bust collector, a device or com menc snau pc maintained free of accu-' (4) Termination o/ employment. The bination of device*' for separating dust ramatiom p* aaoescia opera n^som tneif emoloYtr shall provide, or make avail from' the air handled by an exhaust d"ispersion, uiere' wo' uld be' `an `exc`eMive cofaniaAt{LUL.- l>r^. able, within. 30 calendar days before or after the termination of employment of ventilation system. . (vlii) Exhaust Esttfttsticm systetn, A 12) Waste disposal. Asbestos waste, any employee engaged in ar. occupation ' system far removing contaotifiatel sir- scrap, debris, bags, containers, equip exposed to airborne concentrations of from & apace, comprising two or rtore ment, and asbestos-contaminated cloth asbestos libera, a comprehensive {nedidal. - of the'folloa'ing elements (a) enclosure ing. consigned for disposal, which may examination. .which shall include, os r. or head, <b) ductwork, (c) dust collect produce in any reasonably foreseeable mimmum, a chest roentgenogram (pos ing equipment, (d) exhauster, and (f) use. handling, storage, processing, dis terior-anterior 14 x 17 inches), a history discharge stack, ' posal. or transportation airborne concen to elicit symptomatology of respiratory (jx) rorttcuZoiev/tlficr respirator. Au trations of asbestos fiber* in excess or the exposure limits prescribed in paragraph (b) of thii section shall be collected and disposed of in seeled impmeabte bars, disease, and pulmonary function tests to include forced vital capacity (FV'C) and forced expiratory volume at 1 second CFSV,.,). > ntr purifying respirator, commonly .re ferred t-.- as a dust or a fume respirator, which removes most or the dus* or fume . from the air passing through the device. or other closed, lotpermsaaie contaifi."l (5) Recent dominations. Mo medical (x) Reapirable dust. Airborne dust in (i) P.ccordkcrping---(1) Exposure rec- examination is required of any em sizes cnpahlo of passing through the up oris. Every employer shall maintain rec ployee, If adequate records show that per respiratory system to reach . tbt* ords of any personal or environmental the employee has been examined in. ac lower lung passage*. noniiorin? required by this section: Rec cordance with this paragraph within the (xl) Itotam blast cleanin'? tabls. An ords sii3.ll be maintained for h period of past 1-year, period. . enclesurc where the pieces to be cltcned at teas; 3 years and shall be-xnade-avall^ (6) Medical records--(i> Afcinfe- are positioned, on a rotating tabic end arc able upon requgstto the Assistant Secre BfincfcXmpToyerd oi employees exammr-l parted automatically through n series of tary : f^bor for Occupational safety pursuant to this paragraph shall enu.fr blast sprays. ' and Health, the Director o' the National t-o be maintained complete htid accurate ixli) Abrasive btc$ii:tp* Tha fqrribi? Institute for Occupational Safety and records of all such medical examina rip-5iicatian of an-abriuti'-'o to a Ti~l:.ec Health, and to authorized representa tions. Records * shall be retained by by pueumatic pressure, hvdraulis pres tives a; either. employers for at least 20 years. , sure. or ccatrifugal force. . / 21 EEmployee access. Every employee <i\) Access. The contenfcs of the rec (2) Dust hpjards from dbrastVS "-Y'iri- and former employee shall have reason ords of the medical examinations io.f.r, ti) Abrasives and She sitlnce- able access to any reeorti required to b? required by this paragraph shall be made coaling* on lbs matcrte.13 blasted are Liainte-ined by subparagraph (') of this available, for inspection and copying. shattered ntid pulverized during blasting fsdjzai eo>S7si. vcL,-S7r Ho. aoa--widnisday, ocross* is, ivty ' aV't ' .-Wy TOTAL P.09