Document bBXy5kM3d7xLwLrOEM7e20j5o

S 'ELL CHEMICAL COMP/Oy KE?E#fcNCe TO PLANT MAI'IAGERS/SUPERDJTErtDENTS date JANUARY 18, 1972 from MANAGER - ENVIRONMENTAL ENGHUA ENGINEERING DEPARTMENT HEAD OFFICE subject PROPOSED STANDARD FOR EXPOSURE TO ASBESTOS DUST The subject standard is attached for your information and comment. Please send any comments you may have to this office by February 1, 1972. R. L. Mayc/ Attachment cc - Divisions - Manufacturing - Managers Agricultural Division - Western Marketing Region - Mr. R. W. Svain Head Office - Engineering Department - Mr. T. J. Hayes - Mi'. W. L. Tanner PLAINTIFF'S EXHIBIT SH-2429 DPMC-00699 LAM 007187 1GG FROPOSED RULE MAKING t tali yd'.-d by tills order than from ~::'dYru2C.-:2<b) C) (2) Inventories at (he beginning and f Die me nth of the following t lo'ir.'V. "Other ror.rre rri'k in *.i) Fluid rri)'.: products; and font. eae-ashe cl th.nl ry-r;:i:ed hi (ii) Frcdurie listed in 5 1030.41 Cb) (1), { 1036.-life) <6>". except there received in packaged form Propo-N^l No. 10. Amend J 1035.43 ln- from another plant, showing separately tcrplar.i lovcmcnts. such inventories in bulk form and in Add ir. 5,1036.43(0) (3) (1). (il), and (iii), the v -rds "of bottling grade milk" after the ','ljrase "constitute regular sources of .'"n-ply". Proposed by Borden, Inc.: packaged fonn; / /. Proposal No. 10. Revise 5 1025.41 (c) (6) (vii) to read as follows: ,-+yf/ Proposcl ;:o. : k Add to f 1036.45 a pro vision to read ac, Mellows: Subtract from the remaining pounds of skim milk in C: be G, the pounds of slum mill: in otb:- A-urcc milk (except that received in the : hm of a fluid milk product) that is add-: i to, or used to pro duce, any product specified in 5 1036.41 (b). \\ Proposed by Town and Country Dairy, Garvins Dairy, Sweat Ilona Dairy, and Halms Modem Dairy: Proposcl No. 12. Amend cr'ier No. 36 1036.-11 CjS5?`cs of utijfA.iion, (c) (6) f/ (vii) Less 1.5 perecrVc' the quantity of bulk fluid mill: predurts ana bulk cream transferred to oth.r plants which does no: exceed such quantity to which per centages are applied in subdivisions (1), (ii), (iv), (v) t r.d (vi) of this subpara graph ; ;/ * * to provide that the Toliowmc c''unties in Proposal '-No. 17. Make whatever the State of Ohio: Belmont, Veflerson, changes are necessary in the order to Harrison, Monroe, ar.d part cf Guernsey eliminate the possibility of a handler be now in the marketing area; plus the ing charged under the order at the Class West Virginia counties of Hancock, X price .for milk that already has been Brooke, Ohio, and Marshall be included classified and priced as Class I milk un in Zone 1 as defined by the proposal cf der a Federal order. Milk, Xnc. (Proposal Ho. 1); or alterna Proposal No. IS. Reposition, for clari- tively that the above dairies are to l e pat Gcriicn of the order, the provisions which in the present Cleveland-Brio District^ e'tabiish that the Class I price for other rather than the Pittsburgh District. source milk when adjusted for location Froposed by the Dairy Division, Con of the shipping plant, shall not be less sumer and Marketing Service: than the Class III price. Proposal No. 13. Devise 5 1036.11(a). Proposal No. ' IS. 1.fake whatever (1) to read as follows: 103(3.11 Tool plant. 1 -.7 it f/ /.,* .*7 (a) A distributing plant thathas: changes are necessary in the order to . provide for a uniform "equivalent price" section to read as follows: 1035..54- Equivalent price. (1) Route disposition except lillcd If for any reason a price or pricing milk, during the month cf net less than component required for this part for 50 percent (40 percent for each month of April through August) cf th 2 total re ceipts of fluid milk products, except filled mill*, that are appro . -:-d by a duly constituted health autkrrity for fluid computing class prices or for other pur poses is not available in the manner de scribed m this part, the market admin istrator .dtt.U use a price or pricing com ponent determined by the Secretary to bo equivr.i to the price or pricing com consumption and that a re physically re ponent that is required. ceived at such plant c diverted as pro ducer milk pursuer- to 5 1036.16 to a supply plant qualif ;d tinder paragraph Cb) or (c) of this section or a nonpool plant; and , 1 * . a . Proposal Nr.'14. Review the provisions Proposal No. 10. Make such changes as may be rtectssr.ry to make the entire marketing agreement and the order con form with any .'-rr.rndments thereto that may result from this hearing. Copies of tills not:: - of hearing and the order may be pro.' an.-:'' from the Market Administrator. 3532 If rookpork Road, of > 1033.11 a) to determine whether Cleveland, OH 44122 or f;o.ti the Rear they shoe! 1 apply only to plants primar ing Clerk, Room 112-A, A iministratlon ily engag d in the transfer of milk to Building, UJS. Department cf A.gricul- district'.'.:,g plants qualified under para ture, IVarhington, D.C. 10251 or may be graph -.st) of this section. there inspected. \^ Proposal No. IS. Revise J 1036.30(a) (2). Signed at Washington, D.C. on Janu to r bad as follows: ary 7, 1972. .7 03(3.30 V.< tion. i. f< 9 /(a) * Report of receipts end utllim- Joint C. btm, Dcpv.tp' A--r.nisi:r ter, llcgulalorv Proj-ami. IFA Dec. 72-4C8 Filed l-ll-32;3ril cm] nn.'rvr'ivv rI-fr ILf/urriUmli Occt'oci'icnc! fc.'ci;' or.c* Ilecilj Anmn.lrhcRcn [29 CFR Pori 19101 STANDARD FOR EXPOSURE TO ASBESTOS DUST Notice cf Frcycsed Role f.'p!:ir.g Section 6(c) of the Wiiliams-Strir Occupational Safety and Health -Ac; 1970 (4 Scat. 1595; 29 LLS.C. 655) yr vides tliat upon the publication cf : emergency temporary standard in r: FrazasL Rrcisira the Secretary of Labshall commerce a rule making pr.o-*;, - - J ing in accordance with section of the Act. and that the emergen standard as published shall also r~:rwe as a prepe-aed role fer the proceeding, An emergency temporary standard conr.: ing exposure to asbestos dust was p ab- lished in the Rrermn Racisms cn I lu i- o* n. , t'J ,f n ti. ccmter 7, 1971 (36 Fit 23207). A-ctc: ingly, pursuant to section 6 (b) ar.d of the V/illiams-Stetger Occuparir: Safety and Health Act of 1970 (Si 3: 1593, 1596; 29 U.S.C. 655). 29 a 1910.4, and Secretary of Labor's C n No. 12-71 (36 PJR. 8754), it is her: proposed to amend 2 9 CFR Part 1311 set forth below. The proposals incle the emergency temporary standard rad additional proposed roles on subsiaaary issues. Interested persons arc invited to ru mlt, both orally and in writing, on views, and arguments concerning th: proposals. Written data, views, end ergurair may be mailed to the Office of Safety a Health Standards, Room 305, 4C0 R'_ Street NIT. 'Washington. DC 20210. --: in 30 days after the publication cf au notice in the Farr.am R.r.c:srr?~ The da c views, and arguments will be avail z\q for public inspection ar.d copying at : Office of Safety ar.d Health Star.dar except as to matters the disclccure which is prohibited by law. Oral data, wiews. and argumoers a be received by Hearing Examiner -Art: Goldberg, at a 'nearing beginrar.g at a.m. on March 14. 1972. in Oendere: Room B, Departmental Auditc-cd'um. L Street and Constitution Avenue ir Washington. DC. Persons dcriiir.g v; : pear at the hearing must file r.x;h OGlce oi Safety and Hcodth Star.dura notice of Intention to appear, no la than March 3. 1572. Mae notice m str.t.5 TmItvio of vl'.c *' son to appear, the capacity in wrd:h will a.ppsr.r, ar.d the apr-roxunate am-:: of t;mc required for his prese-r.t-'a T'nc notice nici a'ro Lncludo, or companied by. a statement of C.e r; tion to be taken with regard to the y posed rules. The oral proceedings shall be re.rrrfed verbatim, and transcripts shall b:- a- able for inspection to any ir.teratte-a ~ son on such condations as the pres.a DPMC-00700 LAM 007188 P i\ o i i_-- J i. - . C i ifi-v-Tiva 167 haaviuj . 1:1.urn cr'.'.... The hearing examiner shall regulate the course of the oral proceedings, dispose of procedural request:;. objections, end similar matters, regulate the can.'.utt of those present at the hearing by appro priate means, and shall exclude to the extent practicable irrelevant, immaterial, and unduly repetitious data or argu ments. The hearing examiner shall have discretion to keen the record of the hear ing open for a reasonable, stated time :o receive written recommendations, and additional data, views, and arguments from any person who has participated in the oral proceeding. Upon completion of the or?,l proceedings, the transcript thereof, together with written submis sions on the proposed rules, exhibits filed during the hearing, and any posthearing dad?., views, arguments, and recommen dations shall bo certified by the hearing examiner to the Assistant Secretary of Labor for Occupational Safety and Health for his decision. The Assistant Secretary may adopt the proposals with or without changes, or determine not to Issue a rule. Under the authority of section 6(b) (1) and section 7(b) of the Act, the Assist ant Secretary of Labor for Occupational Safety and Health will request the recommendations of an advisory com mittee with regard to the proposed rules. The committee will be provided with copies of these proposals, together with all pertinent factual information which is, or may become, available to the As sistant Secretary, including any Infor mation submitted by the National Insti tute for Occupational Safety and Health. The advisory committee will be asked to submit to the Assistant Secre tary written recommendations regarding these proposed rules within 45 days after the publication of this notice. The recommendations will be available for public inspection and copying. No other advisory committee will be consulted with regard to these proposed rules. Part 1910 of Title 29 of the Code of Federal Regulations is proposed to be amended as follows: 1910.93 [Amended] 1. Table G-3 In 1910.93 (35 F.R,. 15104, August 13, 1971) is proposed to be amended by deleting the following: Asbestos--12 fibers per milliliter greater than 6 microns La length or 2 Mc-gcl. 27 rr.~ /''' Tremolite 5 Mooch --T--c-SiO--j . If so amended. Table G-3 T.y'dd es follows: Taslk C-3--Mixes u. Pv.-tj SuLsnr.cd Mpp:l Mpir- Elllca: Cryrt.'.Uin?: Quartz (r^-plrahlo)..............5501 l?:-.:;)?" %S10j+5 5;S:0:+5 Quartz (total durt)...................................... Sizr-j/M* CrUtoljali(>: Ura 1 j t!.a ealuo c '.let:! vci iirea tin court err -. f. tir 1 :: :y.a V .a ; ; tr- ; 5t!0,+2 I:.a.'--:..`I u*.r. Sul>: t.t tr c* Mppcf r-:.:v.graph are not feasible or do not :eM.r/M1 ducc the concentration of asbestos dust Air.orpT.eur, L'n-lu-ii:": natural d:a'.`.:iU-:..'.-ur ..'Vi.................... belo-.v the limits prescribed in paragraph 20 SOnv'M1 (a) of this section, the employe.- shall require tit; u.-.e of re.-;piir.to:y protect:-.'e %S1Q, devices. Tiie selection of respiratory pro Sills lt.-s tlcsa linn 1% ciystalir.e -lli.-a): Mica......................................... Soapstone................... Talc............................................. 50 M 50 tective devices shall be limited,to those specified in paragraph (c> of this section. (ii) Tiie employer shall require that each employee test his respiratory pro Portland cemci!..... .............. Graphite (natural)............... 50 15 Co ,r .l a.; fr..r::oi: li.-a 5% S.Oa......................................... For nrorc tl.an 5(o SiO:........................ Inert cr Nul.-aucc Purl: It.zpi:able fraction.,............ Tet-il dujt............. ................... 15 S') S.-tn'.; M> or 10mt/>P %S10i+2 5rnZ'V:3 15m-'M* tective device before each use in order to insure a proper fit according to the manufacturer's instructions. The em ployer .-hall further provide for effective training or supervision of employees in the testing of respiratory protective de vices for fit before their use. (c) AUosr.V.e respirators. (1) When the 8-hour time-weighted average con Note: Conversion factors-- tr.ppcfX33.3 = :r.:!li-i.-. partial..r per cubic meter = p,.rt Icier per c.c. i MtrLor.i of partieha per cubic loot of air, based on Inrril .,-. r samp*, a counted by llrht-.Teid tetanies. ' The porcuit-.icc c-f ervi:tain. silica in the formula is the amount "determined from air-borne samples, crecpt in these Instances In tvhich other raethods have been shotvn to be applicable. t As detemuned 'by the raeratjrane Cite: method at <30 X phase contrast mas'.iiilcatiou. " Both concet.trstion and percent quartz for tiie application of tiiis limit are to be determined from the fraction passing a sire-selector with the foilovrin; characteristics: centration of asbestos dust is projected to exceed 5 fibers longer than 5 microns per milliliter, but not to exceed 25 such fibers, and when a concentration over a period of 15 minutes exceeds 10 fibers longer than 5 microns per milliliter, but does not exceed 50 such fibers, a re usable or single use filter type respira tor, operating with negative-' pressure A^ing^lhg^mhalg t.ioj^ f-haje 'of. breath- Mines under the provisions of 30 CFR AcrO'Iyrdimic duncter (unit density sphere). Ferccnt poising selector Part 14 (Bureau of Mines Schedule 21B), shall be used. (2) When the 8-hour time-weighted 2 90 . average concentration of asbestos dust 2.5 3.5 75 50 is projected to exceed 25 fibers longer 5.0 25 than 5 microns per milliliter but not to 10 0 exceed 250 such fibers, and when a con The me.Lsure:ne:il3 under this note refer to the use of an AF.C instrument. If tiro respirable fraction of coal dust is deterauue.Lv.utti a Mitt: li-e titjutecorrespon-Utiq to that of 5.1 MS.M1 in the table h: coal dust is 1.5 Mr;,'Mi centration over a period of 15 minutes exceeds 50 fibers longer than 5 microns, per miliihter but does not exceed 500 such fibers, a powerc-d filter positive 2. A new 1910.93a is proposed to be added to Part 1910, reading as follows: ^pressure respirator approved by the U.S. Bureau of Mines under the provisions of 30 CFR Part 14 (Bureau of Mines Sched 191C.93a Asbestos dust. ule 21B) shall be used. (a) Srhour time-veeigated average. (3) When the 8-hour time-weighted The E-hour time-weighted average air average concentration'of asbestos dust borne concentration of asbestos dust to is projected to exceed 250 fibers longer which employees are exposed shall not than 5 microns per milliliter a type "C " exceed 5 fibers longer than 5 microns per positive pressure supplied;.air resp:ra tor milliliter, as determined by the mem "SRaSved_by .jthe ]CJ.. Bureau of- Mines brane filter method at 4C0-450 x (mag under the provisions of 3'0" "CFR"Pai-i 12 nification) (4 millimeter objective) (Bureau of Mines Schedule 193) shail phase contrast illumination. Concentra be used. tions above 5 fibers per milliliter, but not (4) The employer shell establish ?. to exceed 10 fibers per milliliter, may be respirator program in accordance with permitted up to a total of 15 minutes in the requirements of American National an hour, but for not morn than 5 hours in Standard Practice for Respiratory Pro an 3-hour day. tection-m2--IS'SS. ' ' (b) Methods of compliance--(1) (5) The respirators provided each em Engineering v:cti:ois. Engineering ployee shall be properly inspected, methods, swell as, but not limited to. cn- cleaned, repaired, and stored. clo3ufe7vacuum sweeping, endTIc-5a!~e:> (d) Particular operations and prod haust vehitlaflcii,''slinirb'e"usedTto meat ucts. (1) When ar. employer has employ the exposure limits prescribed in para ees who are exposed to asbestos dux re graph (a) of tilts section. Where such sulting from the operations cr the use engineering methods are not feasible, or of tools described in the remaining sub- do not reduce the concentrations below paragraphs of this paragraph (d>, the the limits proscribed in paragraph (a) employer shall comply with the require of this s.-etton. reopire.te-ry protective de ments of this paragraph. Tiie require vices she.!! be provided and used in ac ments of this paragraph, shall apply at cordance with subparagraph (2) of this ail times, and, in addition, the rcomhe- paragraph. ments of paragraph (b) of this section (2) Other methods, (i) When the may also apply, according to the terms limits of exposure to asbestos dust nre- thereof. scri'.'ud in v.'v.'; rspk b.1 o: this s;o.: n i tl* All he:v'.- ov tiovgv-f1 - - arc exceed'd, end ::: ,'.u g cst.yols which pre a.- t-.tes awm . ".`"'v required by ou:...:ru:..(1) of ilti.5 no', limited to, s:.v..s, score-!s, rbr. rive FEDERAL RECIjlE.t, VOL. 37, BO. 7--WEDNESDAY, JANUARY 12, 1972 DPMC-00701 LAM 007189 4GS PROPOSED PJJLH f.LMCiMG wheels, and drills rhcli to provided with dust in exco-s of the limits specified in in every employ mint ar.d place o: : .r. - lorn! cxk'.u't ventilation onri col paic h (CJ(3) of thki section shp.1! plovmc.nt covered by I 1910.12, H-H.13, ic cl ors'cT'accorim i:ce Y.r.k fhc- Am:v;m b" rio:\itorc-c i:i acccrdmce tviia this 15)9.14. 1510,15, or 1C 12.10 cf this I -k- y.s r.f^~fpy:L?nTnn^rg~~c-5v- pr.rr..;i-. pin pari 13, in lieu of any cm cr.rt crnln.T the Design uncTOpernuon of Lo tit .'.ielii-od. East samples .shall bo col- on cupo-tire to a;l.;::s ciut: vh.-rii cal Exhaust ffistems; ANSI Z9.2--1571. lcctc-d from within the normal breathing would otherwise be applicable by virtue (3) Employees' cx;x;scdW~nvcNWTrwy--' zone of the employees in their normal of any of those sections. trig ofT 302E demolition of pipes, structures, or ui patent" covered or 3u^al5SS"^SSZM ~ os. 'or "to the working posture. Employees wearing respirctory protective devices shall have the sample taken from a point located on (See. 6. 84 Slat. 1593; 29 U.S.C. 60S. 29 CEB 1910.4: Secretary of Labor's Order No. 1C-T1, 25 F.P.. 8754) demolition of insulating strippings' shall' the exterior of tire respire tor facepiece. tte~pfbyidc-3" trill) 'Ycspira-roiFhprgu-cfiye (ii) Procedure. The sampling proce devices in eccortier.ee with paragraph dure shall be such as to permit the de Signed at Washington, D.C., tht- C:h day of January 1972. (c) (3) of this section. terminations required by paragraph (a) G. C. GUENTtl=>, (4) Asbestos cement-, mortar, coatings, of tiris section. Assistant Secretary of La's-: -. grout, and plaster shall bo mixed in (iiit Sampling duration. The sampling closed bans or other closed containers. duratien shall be for a period of not less IFR Dec.72--102 F8M 1-11-72:3:45 &--' / (5) Asbestos v.T.ste and scrap shall be collected and disposed' of in sealed bags or other closed containers. (6) Accumulation of asbestos--dust shall be removed, as soon tvs practicable. and only by vacuum cleaners. (e) Warning signs--7T7~ Posting. than 15 consecutive minutes. (iv) Sampling frequency. Sampling periods shall be of such number and pattern as to represent, accurately the exposure of the employees over their working period. (2) Environmental. Environmental PARTE!!T OF !iE,'LTiU kT^AilOA, Ai'u ITTLFAri V feed end Drug Acmm.iclra! r v Warning signs shall be provided and monitoring shall be conducted in all displayed at each location where asbestos areas in which, employees are exposed to i [ 21 CPR Perl 19 1 / ' dust hazards arc present. Signs shall be concentrations of asbestos dost in excess posted at least 50 feet in each direction of the limits specified in paragraph (a) from the location where the hazard is of this section. ' I\CEkTAIi'J CHESSES y Proposed Identity Slander;:; present, and at intervals of not more (1) Method. Asbestos dust samples Reg err:- Lcsbe-ir.g Rer/j:: :..v-r.is than 100 feet along each edge of the area where the hazard is present. (2) Sign specifications. The warning signs shall conform to the requirements for 20" x 14" vertical format signs speci fied in 1910.145(d) (2). ar.d to this par agraph. The signs shall display the fol lowing legend in the white panel, with letter sizes and styles of a visibility at least .equal to that specified in the nota tion in the following column to the right: - Legend: Asbestos ______________ Dust Hazard___________ Follow these_____________ Safety and Health Notation 1" Sans Serif Gothic oBlocfc. 14" Sans Serif Gothic or Block. U" Gothic. Sons Serif shall be collected from areas which are representative of the concentration of airborne asbestos dust which may reach the breathing zone of exposed employees. (ii) Procedure. Sampling procedure shall be such as to permit the determina tions required by paragraph (a) of this section. (iii) Sampling duration. Sampling du ration shall ba for a period of not less than 15 consecutive minutes. (iv) Sampling frequency. Sampling periods shall be of such number and pattern as to represent accurately the exposure of the employees over their working period. (g) Medical examinations. The em ployer shall provide, or make available at his cost, appropriate medical exami nations on a periodic basis to any em Koiice wen th.ot a pctiticr. i.eu been filed by Ik: National Cheer: Vn.vrte, - Inc.. 110 Nee k Franklin Sired Oh::.".so, HI. C0G06, pi- -.ozing that, idcn-:ty stand ards for tc: atn specified cheeses be amended to quire that l'-'1 the full name of ike fc .1 appear cr. ike principal display panel - rite label in v.'pe c: uni form size, style, :id color; ii; wherever any word or. ste w-mcni emphasizing th-e name of any in;, talent appears cm the label (other ;k in c:ve'.vmslances de scribed below) so :r..vicuoosly 25 to be easily seen under : ternary ccr.cktioras of purchase, the name cf the feed immediately ana c: .ucuously precedes cr follows such v/t:- statement ir. type of at least the sa- . .re as the typ-e of such word or si- ~ nt; ana (3> op tional ingredients ed conspicu rosy, P.uies. 1. Avoid breathing dust. 2. Wear your respirator. S. Do . not remain In area unless your work requires It. Gothic or Block. " Gothic. >4" Gothic. Vi" Gothic. ployee who is exposed to asbestos dust iir excess of the limits specified in para graph (a) of this section. (h) Records. (1) Every employer shall maintain records of t-hc personal and environmental monitoring, and of the medical examinations, required by para graphs (f) and (gi of this section. Such either on the prrv w d-spiay panel of the label or on a. . . appropriate lr_farm alien pa.net. r. . 'cordar.ce vrith specifications that r.r-e ransisten: with similar specif.-.:.1,:; . fir many other food products. Accordingly, U is pro;:-. red that Part 19 be amended: Asbestos dust may eaus-J az-bertos Is. a severe lung disease, and la Implicated in the development of certain cancers. Con trol of exposure to asbestos dust helps protect against these Harare's. li point Got ale. records shall ce maintained for at least 0 years. (2) Trie records of monitoring shall be made available for inspection, and copying to ike Caereiary ci Lcb-rr ar.d to Iris de.'igr.r.t:-d representatives. (3) Tne records of medical examina' tions shall be made available only to the Secretary of Labor, to the Sccr:clrry of 1. In 5 If.730(f) by rc' k'.j subpara graph (6) r-.u-j rtiding sub, .wraths i7) and (3), as fellows: 19.7"9 tV-*i'er 1/rd grc. *. chcc-c: Hcrrky ; i:-bcl -In'.'-Mrat . f og'.icozl * i .. v <<1 ' '1 .v (3) Spacing. Spacing between lines shall be at ier.st c-qual to the height of the upper of any two lines, except that the spacing between "Following these" and "Safety and Health Rules" shall be at Health. Ecuc..~t:on and Welfare, to desig nated representatives cf either of them, and, at tile request of the employee or former employee examined, to his physician. *'6;1 'The full nme of (k? ` api.etr on the princip.a' dkv the libel in type of uniform and color.- (7) Wherever any word or sf.-' -'ll of least 3,i". (f) itfoaiforino--(1) Personal. Em ployees engaged in the pniticuher opera tions or using the pa; uvular tools speci fied in paragiaph (d) of this section, or exposed to concentrations cf asbestos 3; A new 1910.19 is proposed to be emphasizing tlve name of any i:y: ' : added to Sub part 3, reading as follows: 1510.19 A-!n>io> dm 1. mge-.'ic or. the label (c;ht-r tm::: a- fi u m a;r.:pk '-Z- of Ik:: f. oph) so con.-, -a.rs >0 k-:- -cl* Section lO'.O.CIr. shad! apply to the- ex . . -cn under cintctn try c:-:ck liens :: posure of every employee to asbestos dust v:vc.te, the full name of the fc-:d k riDtn.M r.LCisut. vot. 37, iio. 7--wcor-'isoAr, jahuarv n, 1972 DPMC-00702 LAM 007190  i rr' 5^/-Ut7 -<Ur/ - h- H-Ke -- id^yTtX^^ - THORPE PRODUCTS COMP^AN Y -i :J VISION OF JT THORPE COMPANY DISTRIBUTOR P.C. BOX 33399 OF NDUSTRIAL INSULATION 6 4 4 - 2 3 91 HOUSTON, TEXAS 77033 . July 19, 1972 yOp- Mr. D. S. M^aden V SHELL CFiEl4ICAL COMPANY P. 0.,/Box 2533 DeejX Park, Texas 77536 Subject: OSHA Asbestos Dust Standard Effective July 7th, 1972 Thorpe has had many requests for information regarding compliance with these new standards end in regard to asbestos containing insulating materials which we are furnishing to industry. This letter is to make available to you our latest information and to offer any assistance possible where and when needed to assist you in compliance. Attached is a copy of a news release from the U. S. Department of Labor which summarizes this new standard. Also attached is a listing by type of material stocked or fabricated by Thorpe. Those having dry asbestos as a component are marked with an asterisk. Those most commonly used by industry are those included under Class I - Calcium Silicate and High Temperature Insulation. We have taken steps to eliminate asbestos from all products which we stock and fabricate. By January 1st, 1973, we expect to have a new pipe covering produced by'Johns-Manville which will have the same or better properties as Thermobestos but will contain no Asbestos or free Silica. Until we have this new product we offer the following suggestions for compliance: I. Eliminate aJ.l field fabrication of Asbestos products. When frequent removal of insulation is required, Thorpe can furnish prefabricated Thermobestos covers or completely incapsulated removable metal covers. continued DPMC-00703 LAM 007191 OSHA Asbestos Dust Standard Effective July 7th, 1972 Page 2 of 2 pages plbows can be insulated by the use of: A. Prefabricated or factory molded covers B. Aluminum covers filled with asbestos free insulating cement C. Zeston PVC covers with 1000 Fiberglas filler D. Zeston PVC covers with asbestos free insulating cement II. Where cutting is required, the use of a respirator such as Safe line Products No. 5441 Mask with No. 5905 Filter or any respirator carrying the U. S. Bureau of Mines Approval No. 21B-81. III. Use substitute materials containing no asbestos as follows: A. Microlok Fiberglass Pipe Covering to 500 F B. Mineral Fiber Pipe Covering to 1200 F C. Ceramic Fiber to 2300 F Thorpe is currently monitoring its operation with the use of Micronair Personnel Air Samplers Catalog No. 3900-10 as produced by the Bendix Corporation and carrying OSHA Approval No. 1A-102. Dust analysis can be made by Shilstone Testing Laboratories, Houston, Texas. We have made extensive provisions for dust collection in our warehouses and fabrication -facilities. Our cutting equipment have the most effective collection attachments that we can obtain. You- are welcome to visit our Houston facility at any time. Arrangements can be made through the writer. CAUTION: When considering Asbestos Free products, be sure also that they contain no Free Silica. Manufacturers will generally offer this information in writing. The enclosed information is fragmentary. Please call us for additional information or assistance. Copies are available for your Safety Department or person responsible for OSHA compliance. We appreciate your business and hope that the enclosed information will be beneficial to you and will help us earn your continued trust and confidence in our services. LAM 007192 COPY OF NEWS RELEASE U. S. DEPARTMENT OF LABOR OFFICE OF INFORMATION, WASHINGTON, D. C. FOR RELEASE: IMMEDIATE, WEDNESDAY, JUNE 7, 1972 OSKA ESTABLISHES NEW STANDARD FOR EMPLOYEE EXPOSURE TO ASBESTOS DUST A new standard for employee exposure to asbestos dust, limiting concentrations to 2 fibers, which are longer than 5 micrometers, per cubic centimeter of air on a time-weighted average, effective July 1, 1976, was announced today by the Occupational Safety and Health Administration (OSHA), The current permissible time-weighted average concentration of 5 fibers of asbestos longer 5 micrometers, established originially in an emergency temporary standard last December 7, will be continued until July 1, 1976. The standard also establishes a ceiling concentration of 10 fibers, not to be exceeded at any time. George C. Guenther, Assistant Secretary of Labor for OSHA, said the new . . standard was adopted after consideration of recommendations from the .. ... National Institute for Occupational Safety and Health (NIOSH) of the Department of Health, Education, and Welfare; of the OSHA Advisory Committee - on Asbestos Dust, and of comments from interested persons, including *- presentations in a four-day public hearing. The new standard provides the following: Acceptable Concentrations -- As of July 1, 1976, timerweighted average concentrations of asbestos fibers longer than 5 micrometers will not be allowed to exceed 2 fibers per cubic centimeter of air. The current time-weighted average concentrations of 5 fibers will be permitted until July 1, 1976. METHODS OF COMPLIANCE -- Feasible technological controls and appropriate work practices are required as the primary means of compliance. Rotation of employees to reduce their exposures is allowed only in ''exceptional circumstances". Personal protective equipment, such as respirators, cannot be-relied upon, in large part because such devices are so uncomfortable as to be burdensome except for.short periods. The standard includes these other compliance requirements: -- Hand tools that may produce or release asbestos fibers in excess of the limits must be provided with local exhaust ventilation systems. -- Insofar as practicable, asbestos must be handled, mixed, applied, removed, cut, scored or otherwise worked in a wet state to reduce fiber emissions unless this would diminish the usefulness of the product. -- No asbestos cement, mortar, coating, grout, plaster or similar material containing asbestos can be removed from shipping bags or other containers without being either wetted, enclosed or ventilated^ ._ . -- Where respirators are permitted, they must be selected from among the D P M C -00705 2 types approved by the Bureau of Mines or NIOSH. Extensive details are given on types of respirators and conditions fcrr their use. No employee may be assigned to a task requiring a respirator if a physician determines it would affect his job functioning or his health. -- The employer must provide and require the use of special protective clothing, change rooms, and two separate lockers for the employees street and work clothes. The employer also must exercise care in laundering and other handling of contaminated clothing. -- External work area surfaces must be kept free of excessive accumulations of asbestos fibers. Waste must be collected in sealed, impermeable bags or other such containers. MONITORING -- Employers must establish monitoring systems to make certain every employee's exposure to asbestos fiber is below the prescribed limits. *If the limits are exceeded, the employer must undertake a compliance program. Therefore, the standard also requires monitoring at intervals no longer than 6 months and gives employees or their representatives the opportunity to observe the monitoring and to have access to such records. WARNING SIGNS -- Caution signs are to be displayed in areas where asbestos concentrations may exceed the exposure limits. Caution labels must be affixed to all raw materials, mixtures, scrap, waste, debris and other products containing asbestos fibers, or to their containers. However, no label is required where asbestos has been modified by a bonding agent, coating, binder or other material that would prevent release of above limit concentrations. RECORDKEEPING -- Employers must maintain records of personal or environmental monitoring, keep them for at least 3 years, and make .them available upon request to OSHA or NIOSH. Every current and former employee is given opportunity for reasonable access to any records indicating their exposure to asbestos dust. Any employee found to have been exposed at any time to airborne concentrations in excess of the limits must be notified in writing no later than 5 days after the finding, and informed as to corrective action being taken. MEDICAL EXAMINATIONS -- The employer must provide, or make available at . -.'his cost, medical examinations. Within 30 days of an employee's first employment in a job involving asbestos exposure, the employer must provide a-comprehensive medical examination, including a chest X-ray and pulmonary tests. By January 31, 1973, and at least annually thereafter, every employer shall provide or make available comprehensive medical examinations to employees in asbestos exposure areas. A similar examination is to be provided within 30 days before or after termination of employment. MEDICAL RECORDS -- Employers whose employees have been examined under the standard must maintain complete records of these examinations and retain them for at least 20 years. The contents of the records are co be made available for inspection and copying to the Assistant Secretary of Labor for OSHA, the Director of NIOSH, authorized physicians and medical consultants of either agency, and,' upon request of an employee or former < ' ,i V * " , ` .' . *. ' ' DPMC-00706 LAM 007194 3 employee, to his physician. Any physician who conducts an examination under the standard must furnish the employer all information required by the standard, and any other medical information related to occupational exposure to asbestos fibers. AFFECTED EMPLOYMENT -- This general standard covers also employees in Construction, ship repairing, shipbuilding, shipbreaking and longshoring who normally are subject to construction and maritime standards. All parts of the new standard go into effect July 7 of this year except for the reduction from 5 fibera_to_2, which takes effect July 1, 1976. The standards is scheduled for publication in the Federal Register June 7. .i DPMC-00707 LAIW 007195