Document aB79o5YGkDRgVaMOB9VYL745M

COMMENTS RELATING TO THE '' DEPARTMENT OF LABOR'S PROPOSED ASBESTOS REGULATIONS . TO BE PRESENTED AT THE PUBLIC HEARINGS TO BE HELD ON MARCH 14, 1972 _________ , GAF Corporation has. reviewed the Department of Labo?** Proposed ' , Asbestos Regulations (Proposals), the National Institute for Occupational * Safety & Health Report (NS06H), and the Recommendations df the Advisory Committee (Recommendations). This has been accomplished with the assistance of GAF's Engineering, Safety, Environmental Engineering, Research and Legal departments, at? well as Product and Production Manage vs and other members :>f line nv.:o,gemcnt, Due to the brief period of time since the Peculations were >;*'p 3ec! and the date of this hearing, we have not been obi? to carry o-.k a mil study ns to tne validity, cost ana feasibility of ihe Standards. Additional time is needed for a more complete .investigation. However, we have made a preliminary cor elusion that the Proposed SLandard is workable except for the comments anc'. suggestions made herein, o GAF presently produces the following asbc stos-containing products: (1) vinyl asbestos floor tile and sheet vinyl flooring; (2) asbestos cement products consisting of siding, flat sheet, canal bulkhcading and decorative brick; (3> asbestos felt and millboard; (4) asphalt paints and and (5) asbestos fiber. . For purposes of this discussion; pur cbniimente will be* si primarily to the Sub-Sections in the Proposals. ' - ^ (a) Asbegtoa Dust. \ '> GAF manufactures a number of diverse asbestos-containing: products. GAF believes that it can comply with the five (5> fiber Standard within approximately two years, but only at great cost. While our testing program is far from complete due to lack of. time,' 1UC* v kl _ 11. V. '.Ill million dollars to reduce to.the Five (5) fiber Standard the asbestos dust levels under all conditions in the asbestos cement plants, more than $600, 000 a at the floor tile and j;heet vinyl flooring plants, more than $200, 000 at the asphalt paints and plastic plants and $400, 000 in the asbestos felt and mill- board plants,. . These^est.imated, cp.st.s_include .testing, .designing, .purchasing and installing contro. equipment. The NICX?H Report and the Recommendations propose a two (2) fiber -Standard. In our opinion, an incalculable and (insupportable cost would be required to reduce emissions to the two (2) fiber level. To assure meeting this level at all times, would require that we design for under one (1) fiber to account for environmental, production and humari facrtoi|kfbat would affect meeting the Standard, In any case, it would take considerably more thimtwoyearefo If- A two (2) fiber Standard would require that GAP recoriai^ijkihe. economic -*; feasibility of continued operation of the above plant. Th?^lat#.'prbvide^ the livelihood for more than 4, 000 employees. There ib Hitie, If any, medical evidence to support a two (2) fiber Standard while the ACGIH and others indicate that toe five (5) fiber Standard is reasonable. (GAP operates an asbestos mine in Vermont. We have been working closely with the Bureau of Minos in an asbestos reduction, program at that mine. However, there is no economically feastbl? known method to reduce .exposure at the mine to the five (5) fiber Standard. The mine is an integral part of the.GAP operation and supplies asbestos to a number of GAP asbe-stos felt and asbestos cement plants and other customers. ) ! j I I i ! o In summary, while the five (5) fiber Standard can be met at GAP facilities (except for the asbestos mine) within a period of at least two (2) years by the expenditure of approximately $2. 2 million, the' two (2) fiber Standard would appear to impose an unsupportable economic burden on GAP and the asbestos Industry. The Office of Assistant Secretary of Defense, >--V- Health and Environment btales a position with which, we agree In its to N106H dated 13 January 1972 when it advised that the two (2) fiber Standard Via too. stringent for us to meet.'`h- . ` , ' , ' ;.VI;:':.:;.;'. ' '; :;:4 ' ..'. .r.>:.-.. i/s:. ...*.., tfe>' We recommend that the following five (&) fiber Standard become effective within two years from the date the final Regulations are enacted in accordance with the tentative 1971 ACGIH threshold limit and the Recommendations as follows: "(a) Exposure to airborne asbestos for an employee shall not exceed five asbestos fibers, greater than five microns in length, per cubic c~nt:metj pf a;; calculated as a imjC-'weigiiieu average exposute over the entire working day; ;-,nd during the workday no concentration of asbestos to />:. which workers are e.cposed shall exceed 10.0 fibers per cubic centimeter. The; above Standard. :hull become effective two yeors after, its promulgation/' o ................................................. "............... . .......................... " ...i ......?(b) __ _ Methods of .Compliance,.Engineering and Qther Methods, ....... .................. j This Section vs adequate under present technology. We recommend the addition of certain proposals found in the Recommendations to maintain * 1j concentration of asbestos fibers betow exposure limits, such as the "Applica tion of water and wetting agents", and the specifications dealing with an exhaust system. , .* (c) Allowable Respirators. To allow flexibility in the choice and availability --- '/f '-r - vartouV^peie aitd^at ;th:-ea{ne;'tl(he insure employees* ssifetys ':'%&n|gi is suggested Ibr this- Section. You -ehme-; _ . phraseology is. borrowed from present O&l^ '"Slit*- Section 1910, 134 (b): V, :' ""(l) Where engineering methods are not feasible, or do not reduce the concentrations to or below'the limits prescribed in Paragraph (a) of this Section, approved respiratory protective'de/ices >espirators) shall be used and shall be suitable for the purpose intended. (2) No employee shall be assigned to tasks requiring use of respirators'if based upon his most recent examination, the examining -physician finds that said employee will be unable lo function wearing a respirator, or hie health will be impaired thereby. _ ......... ^3) If an e mployee is found to_be unable to perform his regular - assigned dut-ies witb()Ut--further-impairnaent-to his health,-he.shall, be restricted from working in an atmosphere above the prescribed limit-" Protective Clothing. Work clothing is only necessary in extremely dusty areas, and should be used only when absolutely necessary. Tfci proposed work clothing requirements, et forth it' would be extremely costly'to implement if such should become necessary*'- Tj v. In. additipp to the need for -the work clothp^ a^ eleantng thereof, ''........... ........ . : 'and showed T`\: ; Construction of theae fecilitte;;%,%;s^igle plant :-- $125,000. We recommend the adoption of the Advisory Committee recommends* tion that the employer will provide employees with protective work clothing when they are required to work in an area that contains asbestos duBt in concentrations greater than 10 times the permitted Limit of Paragraph (a). (d) Partitular Operations and Products. As to Section (2). the application of local exhaust ventilation for hand. tools is not practical. In Section (3), the requirement for air supplied respirators is also impractical. See Section "c'1 as it is reworded herein. > . In this regard, it is suggested: "Where anbestoe dust is produced above the specified limits and exhaust ventilation is not feasible, appropriate approved respirators shall be utilized. " ... .. . . (4) Mixing. The covering or closing of the mixing process of the materials ' '-A' ".' '' '.''.^'`ivl'j'Xt*'" ' -^?:.<y-Rff!-'P!^'-''-vS'-*iv'' r CT'^/ ;; .' A'iil; mentioned in the Proposals should only be necessary if eubtftotttialfitia^ppV/:'.'^ Of asbestos ia emitted therefrom. This is hot tlxe <aae to regard to Qiflp!^ . ; A.^V:tyT A-^i-V /jfcsbestc*products. . . \ -J%r Ps cOMtat Hatcbek Machine similar id a paper machine. Asbestos is combined with \ water and binding mr terials and held in suspension in- the mW-from:;:-th8''':';^''''; VA". moment it is poured into the machine. The same type of conditions ejeii*# for asphalt paints and plastics. For the reasons stated, the Sub-Section should be amended as follows: ** * '>.- -***^ok *v^* ** Hr'^c ^ rl r>1 pcH/' ]| hP - w Ax* - -J <*** W - - *----- --*hy ~ ' -* \* . . .J** , ii) - " V------ -- - .- -i.-..,- .. mixed- in closed bags or other closed containers only when the.mixing causes emissions of asbestos in excess of the permitted limits prescribed ,in Paragraph (a). Where mixing in closed containers is not feasible, approved respirators shall be used where emissions are above the specified limit. " (5) Waste and Scrap.' There is a substantial amount of matertal that might be considered waste and scrap in the manufacture of asbestos products. Most, if not all. > There are etthstantial quantities of this material at moat consisting of frotn 6, 000 tons from one plant to over a million: rock a year at opr Vermont mine. If GAF were required to bag or containerize this so-called waste. a year due to the significant amount of this material emanating from the manufacturing proce s. For example, extra tile or sheet vinyl would be stored in containers that cost $150.00 each and thus require an investment of $1, 100, 000 alone :.'or these tile containers. There is!no doubt that our Industrial Products customers would have the same financial difficulties in complying \rith this broad waste requirement. The users of asbestos felt and millboard and asbestos fiber are represented by t ie industries described in Exhibit "A1* herein. In light of the above, a definition of waste is in order. The foUqw-r ing is suggested: OI 'Waste means discarded or Ron re-eyisied asl^st<rcootstei^;y^|^v ;: ';,.[*'' ;:'C '/:' .: ZijhpjrtJ&y >: . ' m YftM'.:.'.'*!: ' ' '. '_'. ,,'i:fV'".;.' : :- . V ;- .- - ...., .;., .;. -tv: ,- -.; -... . .*. ?%)% ' '' The use pf. vacuum cleaners is not always, possible In ca.rrying^.titi^;.! plant housekeeping. For example, there are large pieces of scrap that are trimmed from the finished products that cannot be vacuumed. In such case, sweeping and shovelling are the only feasible method of disposal. In asbestos cement plants, cemeni drys on machines and can only be re- . moved by scrapers. The following .rewording of this paragraph would eliminate the outlined problems: "Where feasijle, accumulation of asbestos dUEt shall be removed by vacuum cleaners. If dry sweeping is carried cut, suiLabie respirators shall be utilized ;in accordance with Paragraph <c) hereof when the exposure to employe 2s exceeds the limits in Paragraph (a). " (e) Warning Signs. ' GAF does not take issue with the Proposal that warning signs be  J 4<;;k J . - : -V\ located at certain areas of a plant where there \' b __`if:_v-^,__ ,,____./,_.'.____ ____ '!.>'.';;v - o ' " .i'T'r-.'tAjf's'.-^vai2vfe'.' duet to constitute a potential hazard. We subtrmaiitt,,' I;wtoM:ww^ieN!^|eFi-^^jipS,ee1 ProppoosiaaTl ls^ too long and detailed as to the exact wordin$^-fg^^ signs SO' - in ;ea^f* . alpng-..tfeai^dge ;bjF:^ie ha.zP't'&ite-.totaUy Impractical, . -..' r?";; iC V vr^-V^. . ' A sign should be posted at the entrance to the atte where respirators are required. When the specific area exceeds the prescribed dust limit, the following sign shall be placed nearby In accordance with present OSHA Standards; Section 1210. 145 as to specifications, design, application and use: CAUTION ASBESTOS DUST AREA Breathing of the Asbestos Dust May be Hazardous to your Health - Use Approved Respirator. ...... ..... .... Warning .Labels___ _____________ ___ _...._________________ ______ _______... ......... '<"^ - The'labeis^r rscribed-ni-the -NIOS!tllep(t`and the"Recdmniendatidns are not needed for most asbestos-containing products since the asbestos fibers are "locked in 1 and cannot be released into the air. This is true for floor tile, sheet vinyl flooring, asbestos cement products, asphalt roofing products, as well :as paints and plastics. The "locked to1' nature of rec v. whenUwaasiated in the Report* "The. fteheatos ie aSf#c?w,* iS^||ii^Kfealiy.- roofing feltfl ar ^%iP6td and. ' eeph&ll tmt permanently binds asbestos to^be product. Siding qa*-7 .;?. C-'l'Sr* 'v' other similar products are dried into a monolithic rock-lliikke /shhiinnj^g&ly'no-v' ';'va;?,: Vinyl asbestos floor tile is a solid product in which the asbestos is firmly bound by :vinyl resin and does not emit any free asbestos. Sheet . yinyl flooring ha;s a l>3se of latex polymer bound asbestos felt which ;. Covered bv cof*>r*al !nf iHm;l inrt foam and aahfttoB 'ic not YnmMftd V^ ........................................ V *# i* to the outer surface. Roof coatings and cements contain asbestos in * asphalt solution or an emulsion and form a plastic cement matrix with . bound asbestos. ' In the preparation of these products for application, they are usually cut >with a knife p. r sharp edged instrument w.hich.ioc.s not cause any abrasion that releases asbestos dust. The major component in many of these products Is not asbestos. Paints and plastics contain less than. 17% asbestos by weight, asbestos . cement products less than 25% and vinyl asbestos floor tile approximately 17%. !i v ,; ^*rdou und^S^^ -r bWSJS':; v^'^t^otoSBO^a of fobs at the manufacturing, distribution, co*drtticia^^||^';:^;'\ v Retailer levels. For Example, GAF employs apprciximatc^'-'!^Od^?^;^.^j;;' employees in Us asbestos plants and sells to over 35,000 retaUereand contractors. We operate 15 Building and Industrial Product plants ahd one i asbestos mine. Ail would be affected, as well as several hundred JiuppUers to these plants furnishing over 30 million dollars of component materials. ! i *GAF favors Libeling when U serves a legitimate purpose. GAF has a Labeling Committee, whose function is to review and provide labels for products wherever appropriate. We use as our Guide Manual L-l of the * Manufacturing Chem.sts Association, `'Guide to Precautionary Labeling of Hazardous Chemicals*'. We have, for example, a label on bags of - asbestos fibers whic> states: i CAUTION: Contains asbestos fiber. Inhalation ire excessive quantities over long periods of time may be harmful. - 12 - O the examining physician, who is the best judge of the employees* physical condition and capabilities. The following is recommended: uu a..n. a.1 j..p. p.f :ice nts. ii.o jv..luclc a chest rcCutgencg^am (posterior-anterior .14 X 17 inches) and baseline pulmonary function including forced vital capacity (FVC) and forced expiratory volume at one second (FEV 1.0). . . . .. . Periodic me deal evaluation is required annually on workers with 10 or mpreyears exposure u> asbestos above the permitted 1 imUs of Paragraph (a) and every two years on other workers and thone with less than 10 years exposure, unless the examining plant physician recommends otherwise. A comprehensive termination medical examination shall Include physical examination, chest roentgenogram, FVC and FEV 1.0, and questionnaire for respiratory symptoms. I I! \ \ I i I \ i ^ fp: mmmgvtom'tar m .v`` <h> ' --. $ ."; ;r. V-V'r.- ". *,`!':'&^'*'v'+i. /*',:,'i` f-:V .*" '.^V ' .' ".: ''. v" zP . GAF propose# the'following recordkeeping regulations, due to the confidential nature of these medical records. "Medlcalj records shall be maintained by ohysictans charged with the implementation of the medical program. Only those physicians designa ted and authorized in writing by the employees, shall have access to the imedical record. Records shall be maintained for 10 years.!I In conclusion, GAF expresses general agreement with the intent of j Proposals of the; Department of Labor, except as noted herein, and respect fully request that careful consideration be given to all GAF suggestions and \ recommendations to make the final Standard more practical and economically and technically feasible. EXHIBIT "*AA * . .. v'^WWl ' V,* . PRODUCT s and ' !r IWU4> .; ^-. 5S*i'.V > >: v. ;'.'W"-;:: ..<;*&< !#tl;PPrroodduucctat*>. '' fISfTfcisf^'*flUflMSM iftedi ........ LnM^efW^at'I'nori^i^L^Amica^ Not Elsewhere Classified BiJdglfla;t Pr^daitetii^tv^ . Medicinal Chemical and Botanical Products Asphalt FeUs and! Coatings Fabricated Rubber Products, Not Elsewhere Classified Asbestos Products Gaskets, Packing, and Asbestos Insulations Miners l Wool Steel Pipe ami Tubes Gray'Iron Foundries *" , . * *--* \ ,. _ .'aUCi i JutiU: iv^ ' Heating Equipment, Except Electric . Sheet Metal.Work; - Miscellaneous Metal Work Metal Stampings ' ; Farm Machinery and Equipment .Construction Machinery . Machine Tools, Meta., Forming Types Ball and Roller Bearings ' General "Industrial' Mt chinery and'Equipment, Not'Elsewhere Classified .Air Conditioning_E^uipme rrt and Commercial and Industrial Refrigeration Machinery and Equipment Motor and Generators Electric Housewares and Fans Household Appliances, Not Elsewhere Classified Electrical Machinery, Equipment and Supplies, Not Elsewhere Classified Motor Vehicles Mechanical Measuring.and Controlling Instruments, Except Automatic Temperature Controls Orthopedic, Prosthetic and Surgical Appliances and Supplies Hardware