Document Znjv2NRBXB2MDkO7VZKGm1V8J

TT VI PLAINTIFF'S EXHIBIT 1910.1001 Title 29--Labor Tini-i ZS-- Minimi Dusts Eubstence Mppcf* Mg/M> Ellies: Crystalline: Quuu (rtsplrsble) 2 < lOmglM* %SIOi+6 7,SIO.+2 Quartz (total dust).................................... 30me/H> CrlstahaHta: Us M the Tlur calculated from the count cr cuss fortnulee for qutru. Trldymiu: Use \< the value calculated from the for mulae for qcsrll. Amorphous. Including natural dlstomeceous earth............... %E,0,+2 29 SOmg/M1 S^EIO. 6Ulestes (less Ihen I% cry* tslflne silica): Mies.......................... ............. 20 Soapstone..............................-- Tsle(non-ssbe`tos-toTm) .. 20 20* Tele (fibrous). Use esbestos limit........................... ..... Trcmolite (see tele, fibrous) Portland cement................. M Graphite (natural).................. 1* Coil duet (respirable fraction less than S5J SIOi)....................... .............. For more then i% ElO*------ .------------------ 2.4mt/M* or lOmg/M' Inert nr Nuisance Dust: Respirable fraction.... Total dust.............. . %SIO,+2 It trag/M' to Itmg/M' N'OTE: Conrerslon factors-- mppcfXJJJ-mllilon particles per cable meter -particles per cc. Millions of particles per cubic foot of air, based on tmpmger samples counted by light-field technics. < The percentage of crystalline stiles In the formula Is the amount determined from air-borne samples, ex cept In those Instances In which other methodsbiTe been shown to be applicable. i As determined by the membrane filter method at OOxpbase contrast magiuflcallon. Both concentration and percent quarts lor the appli cation of this limit are tn be determined from the fraction passing a elxe-selectnr with the following characteristics: Containing < 1% quarts; If > \% quant, asa quartz limit. Aerodynamic diameter (unit density sphere) 2 lft 1ft 10 10 Percent passing selector to 7ft 00 25 0 The measurements under this note refer to the nse o an A EC Instrument. D the respirable friction of coal dust Is determined with a M R E the figure corresponding to that of 2.4 Mc/M1 in the table for eoaldnsl Is 4 A Mg/M*. [39 FR 23502, June 27. 1974. Redesignated and amended at 40 FR 23073. May 28. 1975] 1910.1001 Asbestos. (a) Definitions. For the purpose of this section. (1) "Asbestos" includes chrysotile. nmoslte. crocidolite. tremoUte. anthophylllte. and actlnolite. (2) "Asbestos fibers" means asbestos fibers longer than S micrometers. (b) Permissible exposure to airborne concentrations of asbestos fibers--(1) Standard effective July 7. 1972. The 8-hour time-weighted average airborne concentrations of asbestos fibers to which any employee may be exposed shall not exceed five fibers, longer than 5 micrometers, per cubic centimeter of air. as determined by the method pre scribed In paragraph (e) of this section. (2) Standard effective July 1. 1976. The 8-hour time-weighted average air borne concentrations of asbestos fibers to which any employee may be exposed shall not exceed two fibers, longer than S micrometers, per cubic centimeter of air. os determined by the method pre scribed in paragraph (e) of this section. (3) Ceiling concentration. No em ployee shall be exposed at any time to airborne concentrations of asbestos fibers in excess of 10 fibers, longer than 5 micrometers, per cubic centimeter of air, as determined by the method pre scribed in paragraph (e) of this section. (c) Methods of compliance--(1) En gineering methods. (1) Engineering con trols. Engineering controls, such as, tout 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 section. (il) Local exhaust ventilation, (a) Local exhaust ventilation and dust col lection systems shall be designed, con structed. Installed, and maintained In accordance with the American National Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems, ANSI Z9.2-1971. which Is in corporated by reference herein. (b) See S 1910.0 concerning the avail ability of ANSI Z9.2-1971, and the maintenance of a historic file In connec tion therewith. The address of the Amer ican National Standards Institute Is given In 5 1910.100. (Ill) Particular tools. All hand-op erated and power-operated tools which may produce or release asbestos fibers In excess of the exposure limits pre- 510 200 10 ...................... _ ___ a oi i 00..13 a ik to 240 ____ -- 4a IVW ?Tt ... . ......... as ai 10 1.00:0j 101 .... ................ .. rw -MU... ]t * -v ................... J.00100 ww 1.000 if Mia............. =~ . t** __ U).......... 2150 10) at a05.1t 4.934501000 479090000.2 4.20600 7.0001 7$ to SCO2.1 ............................... - >....... w`** i 29200 ' _____ k 1100 3158 .fifcyl* 1 28 *" * k la____ - *. m 10 - --Sfcla__ at * `.......... 1 ........................... trodaUablt - - 30 1 i 6 1 ) Chapter XVI!--Occupational Safety and Health Admin. 1910.1001 scribed in paragraph (b) of this section, sions (1), (li), or (ill) of this subpara such as, but not limited to. saws, scorers, graph. and both are pracucaDie. person i abrasive wheels, and drills, shall be pro nel rotation shall be preferred and used. vided with local exhaust ventilation sys (2) Where a respirator Is permitted by tems in accordance with subdivision (ii) subparagraph (1) of this paragraph, it of this subparagraph. shall be selected from among those ap (2) Work practices--(1) Wet methods. proved by the Bureau of Mines. Depart Insofar as practicable, asbestos shall be ment of the Interior, or the National In ) handled, mixed, applied, removed, cut, stitute for Occupational Saretv and scored, or otherwise worked in a wet Health. Department of Health. Educa state sufficient to prevent the emission tion, and Welfare, under the provisions of of airborne fibers in excess of the ex 30 CFR Part 11 (37 F.R. 6244. Mar. 25. posure limits prescribed in paragraph 1972), and shall be used in accordance (b) of this section, unless the usefulness with subdivisions (i). (ii), (iii), and <iv> of the product would be diminished of this subparagraph. thereby. (1) Air purifying respirators. A reusa (11) Particular products and opera ble or single use air purifying respirator, tions. No asbestos cement, mortar, coat or a respirator described in subdivision ing, grout, plaster, or similar material (ii) or (iii) of this subparagraph. sh2ll containing asbestos shall be removed be used to reduce the concentrations of from bags, cartons, or other containers airborne asbestos fibers in the respirator in which they are shipped, without being below the exposure limits prescribed in either wetted, or enclosed, or ventilated paragraph <b> of this section, when the so as to prevent effectively the release of ceiling or the 8-hour time-weighted aver airborne asbestos fibers in excess of the age airborne concentrations of asbestos limits prescribed in paragraph (b) of fibers are reasonably expected to exceed i this section. no more than 10 times those limits. (ill) Spraying, demolition, or removal. (il) Powered air purifying respirators. Employees engaged in the spraying of A full facepiece powered air purifying asbestos, the removal, or demolition of respirator, or a powered air purifying pipes, structures, or equipment covered respirator, or a respirator described in or insulated with asbestos, and in the subdivision (iii) of this subparagraph, removal or demolition of asbestos in shall be used to Teduce the concentra sulation or coverings shall be provided tions of airborne asbestos fibers in the with respiratory equipment in accord respirator below the exposure limits pre ance with paragraph (d)(2) (ill) of this scribed in paragraph (b) of this section, } section and with special clothing in ac when the ceiling or the 8-hour timecordance with paragraph (d) (3) of this weighted average concentrations of section. asbestos fibers are reasonably expected (d) Personal protective equipment-- to exceed 10 times, but not 100 times, (1) Compliance with the exposure limits those limits. prescribed by paragraph (b) of this sec (iii) Type "C" supplied-air respirators, tion may not be achieved by the use of continuous flow or pressure-demand respirators or shift rotation of em class. A type "C" continuous flow or pres ployees. except: sure-demand. supplied-air respirator (1) During the time period necessary shall be used to reduce the concentra to Install the engineering controls and tions of a'rhome asbestos fibers in the i to institute the work practices required respirator below the exposure limits pre by paragraph <c> of this section: scribed in paragraph (b) of this section, (ii) In work situations in which the when the ceiling or the 8-hour time- methods prescribed in paragraph (c) of weighted average airborne concentra this section are either technically not tions of asbestos fibers are reasonably feasible or feasible to an extent insuffi expected to exceed 100 times those limits. cient to reduce the airborne concentra (lv) Establishment of a respirator pro tions of asbestos fibers below the limits gram. (a) The employer shall establish prescribed by paragraph (b) of this a respirator program in accordance with section: or the requirements c: the American Na (ill) In emergencies. tional Standards P-v--fn<- (lv) Where both respirators and per tory Protection, AllSZ ~:.A-1SC9. which sonnel rotation are allowed by subdivi is incorporated by re;----re herein. 5 1910.1001 Title 29--Labor (6) See f 1910.6 concerning the avail- and labeled in accordance with para ability of ANSI Z88.2-1969 and the main graph (g) of this section. tenance of an historic file in connection (e) Method of measurement. All de therewith. The address of the American terminations of airborne concentrations National Standards Institute Is given In of asbestos fibers shall be made by the 11910.100. membrane filter method at 400-450 x (c) No employee shall be assigned to (magnification) (4 millimeter objective) tasks requiring the use of respirators If, with phase contrast illumination. based upon his most recent examination, (f) Monitoring--(1) Initial determi an examining physician determines that nations. Within 6 months of the publi the employee will be unable to function cation of this section, every employer normally wearing a respirator, or that shall cause every place of employment the safety or health of the employee or where asbestos fibers are released to be other employees will be Impaired by his monitored in such a way as to determine use of a respirator. Such employee shall whether every employee's exposure to be routed to another Job or given the asbestos fibers is below the limits pre opportunity to transfer to a different po scribed in paragraph (b) of this sec sition whose duties be is able to perform tion. If the limits are exceeded, the em with the same employer. In the same geo ployer shall immediately undertake a graphical area and with the same senior compliance program in accordance with ity, status, and rate of pay he had just paragraph (c) of this section. prior to such transfer. If such a different (2) Personal monitoring--(i) Sam position Is available. ples shall be collected from within the (3) Special clothing: The employe* breathing rone of the employees, on <fran provide, and require the use of. spe membrane filters of 0.8 micrometer po cial clothing, such as coveralls or similar rosity mounted In an open-face filter whole body clothing, head coverings, holder. Samples shall be taken for the gloves, and foot coverings for any em determination of the 8-hour time- ployee exposed to airborne concentra weighted average airborne concentra tions of asbestos fibers, which exceed the tions and of the celling concentrations of eetnwg level prescribed In paragraph (b) asbestos fibers. of this section. (il) Sampling frequency and patterns. (4) Change rooms: (1) At any fixed After the initial determinations required place of employment exposed to airborne by subparagraph (1) of this paragraph, concentrations of asbestos fibers In ex samples shall be of such frequency and cess of the exposure limits prescribed in pattern as to represent with reasonable paragraph (b) of this section, the em accuracy the levels of exposure of em ployer shall provide change rooms for ployees. In no case shall the sampling be employees working regularly at the place done at Intervals greater than 6 months (11) Clothes lockers: The employer for employees whose exposure to asbestos ithall provide two separate lockers or con may reasonably be foreseen to exceed tainers for each employee, so separated the limits prescribed by paragraph (b) or Isolated as to prevent contamination of this section. >f the employee's street clothes from his (3) Environmental monitoring--(1) cork clothes. samples shall be collected from areas of (ill) Laundering: (a) Laundering of a work environment which are represent asbestos contaminated clothing shah be ative of the airborne concentrations cf done so as to prevent the release of air asbestos fibers which may reach the borne asbestos fibers in excess of the ex breathing rone of employees. Samples posure limits prescribed In paragraph (b) shall be collected on a membrane filter >f this section. of 0.8 micrometer porosity mounted in (b) Any employer who gives asbestos- an open-face filter bolder. Samples shall contaminated clothing to another person be taken for the determination of the 8- (or laundering shall inform such person hour time-weighted average airborne of the requirement In (a) of this subdi concentrations and of the ceiling con vision to effectively prevent the release centrations of asbestos fibers. of airborne asbestos fibers In excess of (il) Sampling fregv.rr.-r: end pettems. the exposure limits prescribed in para After the initial deteraunanms required graph (b) of this section. by subparagraph (1) of paragraph, (c> Contaminated clothing shall be samples shall be of such frequency and transported in sealed impermeable bags, pattern as to represent -x-.rh reasonable vr other closed. Impermeable containers. accuracy the levels of exposure of the 512 ,;tvy-^3xli- deterrr.iTgTftX publl0j employer . ^npiojTiient ^sed to be , |0 determine i exposuro to f limits preo1 tto sec* ri--oeeded. the cm- * - undertake Q accordance with ,-SBMBrtion. vnp--<i> am(rom within the --^ 10a employees, on of ti micrometer poB a open-face filter .-n tx taken for the af Use 8-hour tlmeairtorne concentra concentrations of X firtqwacy and patterns. . deusaunalions required a u> of this paragraph. I m of euch frequency and tV represent with reasonable t srrrts of exposure of emcam shall the sampling be mis treater than 6 months m wbose exposure to asbestos aj be foreseen to exceed mtsslbed by paragraph (b) OB reiaeatot monitoring--(l) iS be collected from areas of ream which are representr airborne concentrations of sers which may reach the -ne of employees. Samples lected on a membrane filter saeter porosity mounted In - filter holder. Samples shall the determination of the 8r.elghted average airborne as end of the ceiling conof asbestos fibers. Imp frequency and patterns. tial determinations required raph (1) of this paragraph. I be of such frequency and s represent with reasonable e levels of exposure of the Chapter XVII--Occupational Safety and Health Admin. 5 1910.1001 employees. In no case shall sampling be coating, binder, or other material so that at intervals greater than 6 months for during any reasonably foreseeable use, employees whose exposures to asbestos handling, storage, disposal, processing, or may reasonably be foreseen to exceed transportation, no airborne concentra the exposure limits prescribed in para tions of asbestos fibers In excess of the graph <b) of this section. exposure limits prescribed in paragraph (4) Employee observation of monitor (b) of this section will be released. ing. Affected employees, or their rep <li) Label specifications. The caution resentatives. shall be given a reasonable labels required by subdivision (1) of this opportunity to observe any monitoring subparagraph shall be printed in letters required by this paragraph and shall of sufficient size and contrast as to be have access to the records thereof. readily visible and legible. The label shall <g) Caution signs and labels. (1) Cau state: tion signs. (1) Posting. Caution signs Caution shall be provided and displayed at each Contains Asbestos Fibers location where airborne concentrations of asbestos fibers may be in excess of the exposure limits prescribed in paragraph (b) of this section. Signs shall be posted Avoid Creating Dust Breathing Asbestos Dust May Cause Serious Bodily Harm at such a distance from such a location ih) Housekeeping--d) Cleaning. All so that an employee may read the signs external surfaces in any place of employ end take necessary protective steps be ment shall be maintained free of accu fore entering the area marked by the mulations of asbestos fibers if, with their signs. Signs shall be posted at all ap dispersion, there would be an excessive proaches to areas containing excessive concentration. concentrations of airborne asbestos (2) Waste disposal. Asbestos waste, fibers. scrap, debris, bags, containers, equip <ii) Sign specifications. The warning ment. and asbestos-contaminated cloth signs required by subdivision (i) of this ing. consigned for disposal, which may subparagraph shall conform to the re produce in any reasonably foreseeable quirements of 20" x 14" vertical format use, handling, storage, processing, dis signs specified In $ 1910.145(d) (4). and posal, or transportation airborne concen to this subdivision. The signs shall dis trations of asbestos fibers in excess of the play the following legend in the lower exposure limits prescribed in paragraph panel, with letter sizes and styles of a (b) of this section shall be collected and visibility at least equal to that specified disposed of In sealed impermeable bags, In this subdivision. or other closed, impermeable containers. Legend Notation (1) Recordkeeping--(1) Exposure rec 4abestoi____________ 1" Sans Serif. ords. Every employer shall maintain rec Ootblc or ords of any personal or environmental Block. monitoring required by this section. Rec Dust Hazard. .wold Breathing Dust-- Wear Assigned Protective Equipment. Do Not Remain In Area Unlesa Your Work Re ti" 8ans Serll. Gothic or Block, ti" Gothic. i" Gothic. 'A" Gothic. ords shall be maintained for a period cf at least 3 years and shall be made avail able upon request to the Assistant Secre tary of Labor for Occupational Safety and Health, the Director of the National Institute for Occupational Safety and Health, and to authorized representa quires It. tives of either. Breathing Asbestos Dust 14 point Oothlc. May Be Hazardous To Tour Health. (2) Employee access. Every employee and former employee shall have reason able access to any record required to be Spacing between lines shall be at least maintained by subparagraph (1) of this equal to the height of the upper of any paragraph, which indicates the em two lines. ployee's own exposure-t: asbestos fibers. (2) Caution labels--(1) Labeling. Cau (3) Employee nc-tcazzcr.. Any em tion labels shall be affixed to all raw ployee found to have seen exposed at any materials, mixtures, scrap, waste, debris, time to airborne concentrations of asbes and other products containing asbestos tos fibers in excess cf the limits pre fibers, or to their containers, except that scribed in paragraph t > of this section no label is required where asbestos fibers shall be notified in writing of the expo have been modified by a bonding agent. sure as soon as practicable but not later 513 S 1910.1002 Title 29--Labor than 5 days of the finding. The employee shall also be timely notified of the cor rective action being t?ien. (j) Medical examinations--(1) Gen eral. The employer shall provide or make available at his cost, medical examina tions relative to exposure to asbestos re quired by this paragraph. <2) Preplaccment. The employer shall provide or make available to each of his employees, within 30 calendar days fol lowing his first employment in an occupation exposed to rirbome con centrations of asbestos fibers, a compre hensive medical examination, which shall Include, as a minimum, a chest roent genogram (posterior-anterior 14 x 17 Inches), a history to elicit symptom atology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV,.,). (3) Annual examinations. On or be fore January 31. 1973, and at least an nually thereafter, every employer shall provide, or make available, comprehen sive medical examinations to each of his employees engaged in occupations ex posed to airborne concentrations of as bestos fibers. Such annual examination shall include, as a minimum, a chest roentgenogram (posterior-anterior 14 x 17 Inches), a history to elicit symptom atology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second <FSVi.). (4) Termination oi employment. The employer.shall provide, or make avail able. within 30 calendar days before or after the termination of employment of any employee engaged in an occupation exposed to airborne concentrations of asbestos fibers, a comprehensive medical examination which shall include, as a minimum, a chest roentgenogram (pos terior-anterior 14 x 17 inches), a history to elicit symptomatology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV,.). (5) Recent examinations. No medical examination is required of any em ployee. if adequate records show that the employee has been examined in ac cordance with this paragraph within the past 1-year period. (6) Medical records--(1) Mainte nance. Employers of employees examined pursuant to this paragraph shall cause to be maintained complete and accurate records of all such medical examina tions. Records shall be retained by employers for at least 20 years. (li) Access. The contents of the rec ords of the medical examinations required by this paragraph shall be made available, for inspection and copying, to the Assistant Secretary of Labor for Occupational Safety and Health, the Director 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 a medical examination required by this paragraph shall furnish to the employer of the examined employee all the infor mation specifically required by this paragraph, and any other medical in formation related to occupational ex posure to asbestos fibers. 1910.1002 Coal tar pitch volatiles; in terpretation of term. As used in S 1910.1000 (Table Z-l), coal tar pitch volatiles Include the fused poly cyclic hydrocarbons which volatilize from the distillation residues of cool, petroleum, wood, and other organic mat ter. (Sec. 8(g). 84 Stat. 1600. 29 TJS.C. 6S7) |39 FR 23502. June 27. 1S74. Redesignated and amended at 40 FR 23073. May 28, 1975] 1910.1003 4-NitrobiphenyL (a) Scope and application. (1) This section applies to any area in which 4-Nitrobiohcnyl. Chemical Abstracts Service Registry Number 92933 is manu factured, processed, repackaged, re leased. handled, or stored, but shall not apply to trans-shipment in sealed con tainers. except for the labeling require ments under paragraphs (e) (2). (3), and (4) of this section. (2) This section shall not apply to solid or liquid mixtures containing less than 0.1 percent by weight or volume of 4-Nitrohlphenyl. (b) Definitions. For the purposes of this section: (1) "Absolute filter" is one capable of retaining 99.97 percent of a mono disperse aerosol of 0.3 *un particles. (2) "Authorized employee" means an employee whose duties require him to be in the regulated area and who has been specifically assigned by the employer. (3) "Clean change room" means a room where employees put on clean clothing and/or protective equipment In an environment free of 4-Nltroblphenyl. The clean change room shall be con tiguous to and have an entry from a shower room, when the shower room 514 -rrm JIB WsSlLLfflW" - ' r* . - . Chaplc faellltle section. (4) " tlon in contain Nltrobir regulate ment. (5) " aciivatl disposal (6) " Nations Safety reeled t Educati Directo: (7) " moral c environ (8) "I dreams suiting which r tact wit (9) " any en' and no; (10) enclose* of cor which i Nltrobi] the ent ulated : externa spillage occur. (11) device < top and so as U linear i ute wit! ute: os tatned : lnvolvir hood d' an7 po: than h (12) area ur where e nor cor (13) operati; an oper system, any ot' protect' biphen: I'