Document banRmgQ6KkqoBJx14K1ERMEwy

22756 Federal Register / Vol. 51, No. 119 / Friday, June 20, 1986 / Rules and Regulations relate to asbestos exposure; the employee's representative level of exposure to asbestos, tremolite, anthophylliie, and actinolite; a description of any personal protective and respiratory equipment used; and information frotn prevtous medical examinations of the affected employee that is not otherwise available to the physician. Making this information available to the physician will aid In the evaluation of the employee's health in relation to assigned duties and fitness to wear personal protective equipment, if required. The employer is required to obtain a written opinion from the examining physician containing the results of the medical examination; the physician's opinion as to whether the employee has any detected medical conditions that would place the employee at an Increased risk of exposurerelated disease; any recommended limitations on the employee or on the use of personal protective equipment; and a statement that the employee has been informed by the physician of the results of the medical examination and of any medical conditions related to asbestos, tremolite, anthophylliie, and actinolite exposure that require further explanation or treatment. This written opinion must not reveal specific findings or diagnoses unrelated to exposure to asbestos, tremolite, anthophylliie, and actinolite. and a copy of the opinion must be provided to the affected employee. PART 1926-4AMENDED] 5. An authority citation is`added to Subpart D of Part 1926. to read as follows:. Authority: Secs. 4,6,6 Occupational Safety and Health Act of 1970, 29 U.S.C. 653,655, 657; Sec.107, Contract Work Hours and Safety Standards Act (Construction Safety Act), 40 ILS.C. 333. and Secretary of Labor's Orders 12-71 (36 FR 8754). 6-76 (41 FR 25059). or 9-63 (46 FR 35736). as applicable: Sections 1926.55(c) and 1926.58 also issued under 29 CFR Part 1911. 6. Paragraph (c) of 1926.55 is hereby revised to read as follows: $ 1926.55 Gases, vapors, fumes, dusts, and mists. , ** (c) Paragraphs (a) and (b) of this section do not apply to the exposure of employees to airborne asbestos, tremolite, anthophylliie, or actinolite dust. Whenever any employee is exposed to airborne asbestos, tremolite, anthophyllite, or actinolite dust, the requirements of f 1926.58 of this title shall apply. 7. A new 1926.58 is added to Subpart D to read as follows: 1926.59 Asbestos, tremolite, anthophyllite, and actinolite. (a) Scope and application. This section applies to all construction work as defined in 29 CFR 1910.12(b). including but not limited to the following: (1) Demolition or salvage of structures where asbestos, tremolite, anthophyllite, or actinolite is present; (2) Removal or encapsulation of materials containing asbestos, tremolite, anthophyllite, or actinolite; (3) Construction, alteration, repair, maintenance, or renovation of structures, substrates, or portions thereof, that contain asbestos, tremolite. anthophyllite, or actinolite; (4) Installation of products containing asbestos, tremolite, anthophyllite, or actinolite; (5) Asbestos, tremolite, anthophyllite, and actinolite spill/emergency cleanup; and ' (6) Transportation, disposal, storage, or containment of asbestos, tremolite, anthophyllite, or actinolite.or products . containing asbestos, tremolite, anthophyllite, or actinolite on the site or location at which consiruclion activities are performed. (b) Definitions. "Action level" means an airborne concentration of asbestos, tremolite. anthophyllite, actinolite, or a combination of these minerals of O.l fiber per cubic centimeter (f/cc) of air calculated as an eight (8)-hour timeweighted average. "Asbestos" includes chrysotile. amosite, crocidolite. tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that has been chemically treated and/or altered. "Assistant Secretary" means the Assistant Secretary of Labor for Occupational Safely and Health, U.S. Department of Labor, or designee "Authorized person" means any person authorized by the employer and required by work duties to be present in regulated areas. "Clean room" means an uncontaminaled room having facilities for the storage of employees' street clothing and uncontaminated materials and equipment. "Competent person" means one who is capable of identifying existing asbestos, tremolite, anthophyllite, or actinolite hazards in the workplace and who has the authority to take prompt corrective measures to eliminate them, as specified In 29 CFR 1926.32(f). The duties of the competent person include at least the following: establishing the negative-pressure enclosure, ensuring Us integrity, and controlling entry to and exit from the enclosure; supervising any employee exposure monitoring required by the standard; ensuring that ail employees working within such an enclosure wear the appropriate personal protective equipment, are trained in the use of appropriate methods of exposure control, and use the hygiene facilities und decontamination procedures specified in the standard: and ensuring that engineering controls in use are in proper operating condition and are functioning properly. "Decontamination area" means an enclosed area adjacent and connected to the regulated area and consisting of an equipment room, shower area, and clean room, which is used for the decontamination of workers, materials, and equipment contaminated with asbestos, tremolite, anthophyllite, or actinolite. "Demolition" means the wrecking or taking out of any load-supporting structural member and any related razing, removing, or stripping of asbestos, tremolite, anthophyllite, or actinolile products. "Director" means the Director, National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee. "Employee exposure" means that exposure to airborne asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals, that would occur if the employee were not using respiratory protective equipment. "Equipment room (change room)" means a contaminated room located within the decontamination area that is supplied with impermeable bags or containers for the disposal of contaminated protective clothing and equipment. "Fiber" means a particulate form of asbestos, tremolite, anthophyllite, or actinolite. 5 micrometers or longer, with .a length-to-diameter ratio of at least 3 to 1 "High-efficiency particulate air (HEPA) filter" means a filter capable of trapping and retaining at least 99.97 percent of all monodispersed particles of 0.3 micrometers in diameter or larger. "Regulated area" means an area established by the employe* to demarcate areas where airborne concentrations of asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals exceed or can reasonably be expected to exceed the permissible exposure limit. The regulated area may take the form of (1) a temporary enclosure, as required by paragraph (e)(6) of this section, or (2) an area demarcated in any manner'that minimizes the number of employees exposed to asbestos, tremolite, anthophyllite, or actinolite. "Removal" means the taking out or stripping of asbestos, tremolite, anthophyllite, or actinolite or materials containing asbestos, termolite, anthophyllite, or actinolite. GLEASON-OOI004