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/ United Corpmt&Bl To: All Administrative Physicians Plants, Mines and General Offices United States Steel Corporation PLAINTIFF'S EXHIBIT USX-1I69 Intsrorganlzstlon Corratpondcnce \ 0t* July 3, 1972 Frm: Merle Bundy, M.D. Director-Industrial Medicine Subjoet: to thiK Dr. Joseph Novak has written to Dr. Charles Vagner on'the problemsofphoto-gray or photo-s\UKlenses whicttvl belieVe will be\nformativeHto all of you. The "Physician's Guide to the Occupational Safety and Health Act of 1970" from the'American Medical Association is also attached. The first standard promulgated under OSHA which is on asbestos, is included for your information. You may be particularly interested in the language on confidentiality of medical reports. NIOSH has promised a number o other criteria packages covered by the end of the year, and so we can anticipate more criteria standards will be promulgated by OSHA. MB/rp Attachments: 4 11318 RULES AND REGULATIONS tions for an Occupational Exposure exposure to asbestos fibers and the ap Standard for Asbestos by the National pearance of adverse biological manifes Institute for Occupational Safety and tations, such as asbcstosls, lung .cancers, Health (NIOSH). Public notice was given and mesothelioma, have given rise to of the receipt of the recommendations controversy as to the validity of the and their availability for inspection and measuring techniques used and the relia copying. On or about February 25, 1972.' bility of the relations attempted to be Uic Advisory Committee on Asbestos Dust established. Because of the long lapse submitted its written recommendations of time between onset of exposure and to the Assistant Secretary of Labor for biological manifestations, we have now Occupational Safety and Health. . evidence of the consequences of exposure, Pursuant to the notice of rule making, but we do not have, in general, accurate a hearing was held on March 14 through measures of the levels of exposure oc 17.1972, for the purpose of receiving oral curring 20 or 30 years ago. which have data, views, and arguments concerning given rise to these consequences. There the proposed standard. On or about are also controversies concerning the March 31,1972, the presiding hearing ex relative toxicity of the various kinds of aminer certified to the Assistant Secre asbestos, and varying hazards in dif tary of Labor for Occupational Safety ferent workplaces. and Health the record of Jhc proceeding. It is fair to say that the controversy The record includes prehearing written has centered in the area between a two- comments, a transcript of the oral pres fiber TWA concentration and five-fiber entations made at the hearing, and nu TWA concentration, with variations on merous exhibits received during the the time needed for compliance. Many course of the hearing or within the pe employers support a five-fiber TWA. riod allowed after the dose of the Most medical opinion is divided between hearing. a two-fiber standard and a five-fiber' The proposed standard dealt with <1) standard. permissible concentrations of asbestos In view of the undisputed grave con fibers; (2) methods of compliance: (3) sequences from exposure to asbestos warning signs; (4) monitoring; (S) med fibers, it is essential that the exposure be ical examinations; and (6) recordkeep regulated now, on the basis of the best ing. Each of these major proposals elic evidence available now. even thouch it ited comments, arguments, objections, may not be as good as scientifically de and counterproposals. They all li&ve been sirable. An asbestos standard can be re examined and considered. evaluated in the light of the results of 1. Acceptable concentrations of asbes ongoing studies, and future studies, but tos dust. Tile proposed standard would cannot wait for them. Lives of employees limit occupational exposure to 8-hour are at stake. time-weighted average (TWA) airborne It is concluded that there should be concentrations of asbestos dust not ex one minimum standard of exposure to ceeding five fibers longer than five asbestos applicable to all workplaces ex micrometers per milliliter. Concentra posed to any kind, or mixture of kinds, tions above five fibers but not to exceed of asbestos. Reasons of practical ad Title 29--LABOR . 10 fibers (ceiling concentration) would ministration preclude p variety of stand be permitted up to 15 minutes in an hour, ards for ditlcrent kinds of asbestos and Chapter XVII--Occupational Safely end Health Administration, Doped* mont of Leber but for not more than 5 hours in any one -hour day. NIOSH in ellect has recommended that the five-fiber TWA and 10-flbcr of workplaces. Also, while the evidence tends to show that crocidoiilc. for in stance, is more harmful than chrysotile, the evidence is not suflieient to establish PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS peak concentrations be permitted only for 2 years; thereafter. TWA concentra tions should be not more than 2 fibers separate standards for varieties of asbestos. Because there must be one standard Standard for Exposure to Asbestos Dust per cubic centimeter (cm.*) of air, and governing exposure to all varieties of peak concentrations should not exceed 10 asbestos, and in workplaces apparently flbers/em.*, with no time restriction.' more hazardous than others; because On December 7. 1971, *n emergency Numerous objections and counterpro some present employees with regular ex 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 Federal Rccisttx (3$ FVR. 23207). In ac trations and the time periods to comply tos fibers, due to higher levels of ex cordance with section 6<e) (3) of the Wil- with them. Some, for example, have rec posure in the past; because it appears llams-Stelcer Occuptalonal Safety and ommended return to a 12-fiber standard that levels of exposure which may be Health Act of 1970, a notice of proposed of an earlier dey; i.e, a level adopted safe with regard to asbcstosls are not rulemaking regarding a permanent under the Walsh-Hcaley Public Con safe with recard to mesothelioma; be standard for exposure to asbestos fibers tracts Act in 19G9. Others have recom cause the statute requires the protection t.-ss published in the Federal Recxster on mended a two-fiber standard^) become of every employee, even of one who may January 12, 1972 (37 F.R. 406). The no effective in 6 months, then a one-fiber have regular exposure to asbestos during tice invited interested persons to submit standard for 2 years, and finally a rero- a working life which may reach, or even both orally and in writing, data, views, flber standard after 3 years. These rec exceed, 40 years; and because of several and arguments concerning the proposal. ommendations give a fair indication of other considerations which have been On or about January 24, 1972, the Ad the wide spread of the counterproposals. 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 of high enough intensity and cal evidence is resolved In favor of the ten recommendations with regard to the long enough duration is causally related health of employees. As of July 1, 1970. proposed standard on asbestos. On or to asbcstosls and cancers. The dispute is TWA concentrations of asbestos fibers about February 1, 1972, the Department as to the determination of a specific level longer than 6 micrometers 'will not be of Health, Education, and Welfare trans below which exposure is safe. Various allowed to exceed two flbers/cc.t with a mitted to the Secretary of Labor a cri studies attempting to establish quantita celling value of 10 fibers/cc. The current teria document containing Recommenda tive relations between specific levels of TWA concentrations of five fibers, and .. FEDERAL RSCISTER. VOL 17, NO. 110--WEDNESDAY. JUNE 7, 1971 RULES AND REGULATIONS 11310 (-riling concentrations of 10 filiers/cc. fibers, so Uuit these would not Ik relented C. Records. The .'.tandard, tr. prw.rij . will lie permitted unUUhly 1. 1070. dur in the normal u%c of the products, ahould and ns adopted, require-. ir.aii.ier.i.noc of ing wli.it will Ik a LtimslUnnal period not be required to be labeled; and (2) records of monitoring and of medical deemed ncccr-mry to-dlOw employers to words :.uch an "danger" and 'cancer" are examinations. Moot of the cor.trovcr.-.y in mnkc the needed clungcs for coming unwarranlcdly alarming. this area lias revolved around the ques nio compliance with thrmore stringent Doth contentious have merit, and the tion whether an employer should he al standard. standard has been changed accordingly. lowed to have access to the result-: of The record shows tlcatbe many work 4. Monitoring. The proposed standard the required medical examinations. The operations subject to tiaesingle asbestos would have required personal monitor apprehension of those wiio have argued standard (textile, manittcturing, Indus ing and environmental .monitoring. against employer access is based on the trial. and marine InstaRitlon. etc.) will Many issues have been raised concerning expectation that some employers will use meet varying decrees of difficulty In the availability and reliability of meas the medical examinations as a means of complying with the standard. In some uring instruments, frequency of moni screening employment applicants, and plants, extensive rcdctfcn and reloca toring. and conditions in which monitor worse, as grounds for discharging current tion of equipment may tenccdcd. It ap ing should bo required. The adopted employees, who show signs of being af pears. however, the dclarin the effective standard takes the objections into con fected by exposure to asbestos. Since the date of the two-fiber standard will pro sideration. It requires periodic monitor purpose of the medical examinations is vide all employers a rosonable time to ing at intervals no longer than 6 months, to monitor the health of employees ex comply. At Uie same timq.so long as the thus allowing considerable time and dis posed to the hazards of abestos, em ceiling limit is compiled with, no barm cretion. and prescribes the'use of the ployees cannot in reason be granted the is reasonably expected leresult from ex membrane filter method, which is an ac privilege of refusing to disclose to their posures during the tamitional period. ceptable method, for determination of employers results of occupational expo- 2. Methods of contpliwice; tt has been asbestos fibers. -sure. It docs not make sense to require pointed out by many pnsons. that pro It has also been recommended that employers to provide medical examina tection against asbestas'fibers Is best employees or their representatives should tions If they cannot know and use the obtained by controlling (be generation of have an opportunity to observe the results of the examinations. For these fibers first, and secondfe. 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 workrfhecs. Therefore, 5. Medical examinations. The pro some medical information. the standard requires feasible techno posed standard would only require an On the other hand, there is no inten- . logical eontrols and appropriate work appropriate medical examination on a tion to allow employers to abuse medical practices as the primary means of com periodic basis. The generality of the pro information obtained pursuant to the pliance. Rotation of cmjfoyccs ss a war of meeting the TWA CMcentration re quirement Is allowed catr in stated ex ceptional circumstances, because, as a posal has attracted many objections and also many helpful comments. The recom mendations of NIOSII and of the Advi sory Committee on Asbestos Dust were Act, to the detriment of employees. Therefore, the administration of the medical records requirement will be closely watched, and. in cases of abuse, general rule, it would be difficult to im much more specific with respect to both appropriate action will be considered. plement. Personal protective equipment, such as respirators, esmot be relied upon because, among otter reasons, they tsy be so uncomfortable as to be bur densome, except for short periods of frequency and type of medical examina tions to be required. The comments vary as to the class of employees to be ex amined and as to the frequency of the examinations. The issues discussed above are 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 pirators and shift rotation will be used The adopted standard requires medical examinations both at the beginning and instance, about work practices, are so obviously meritorious that 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 recommendations 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 use must be limited to borne concentrations of asbestos. It has eral. for instance, have recommended special work situations and emergencies. been pointed out that in certain Indus the use of respirators only pursuant to a Where both are practicable, shift rota tries. such as construction, an employee variance, or in cases of emergency and tion is required. 3. Labeling. The proposed standard stopped short of requiring labeling as bestos and asbestos-containing products. may work for several employers during the same year. Accordingly, the standard docs not require either preemployment, or termination, or periodic exnmlnaton occasional short-term exposures. The recommendation with respect to vari ances. 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 in accordance with the standard within practical. where asbestos hazards are present. the past year. Accordingly, after consideration of the However, labeling, rather than warning signs, has proved to be a point of con troversy. Both HlOSlI and Use Advisory Committee on A.-.lKstos Dust recoin- mended labels for asbestos products awl One question which has been raised goes to whether the employer or the em ployee should be allowed to choa< ilic examining physician. The standard gives Uie option to the employer. Slnco whole record of the proceeding, and pursuant to sections C (b> and <c> and 8(c) of tlio Willinms-Stciger Occupa tional Safety and Health Act of 1070 (04 containers, and these recommendations -some employers nlrcady have a medical Stab 1503, X59G, 1599; 29 U.S.C. 655. became very controversial in the course examination program in operation, ahd, 057), 29 CFR 1910.4. and to Secretary of of the proceeding. Many counterpro- also, have medical departments with Labor's Order No. 12-71 (36 F-R..87S4). proposals have been made ss to the lan guage of the warning as well as to the products to be subject to thejabellng requirements. Employers, In general, strongly contend that (I) finished prod some expertise in the diagnosis of abos- .Part 1910 of Title 20 of the Code of Fed tos-rclatcd diseases, it seems more reasonable to permit them to utilize the present programs and expertise, than to eral Regulations is amended as set forth below. permit an employee to choose a private (1) Section 1910.93 is amended by re ucts which effectively entrap asbestos general-practitioner. vising Table 0-3 to read as follows: FESELU. SEOISTEX, VOL. 37, NO. 110--WEDNESDAY-, JUNE 7, 1*72 11320 RULES AND REGULATIONS C 1--910.93 Ain--Miiiinnli. to which any employee may be exposed <d) Personal protective eguipment__ shall not exceed two fibers, loncer than (1) Compliance with the exposure limits 5 micrometers, per cubic centimeter of prescribed by paracraph <b> of this sec air, as determined by the method pre tion may not be achieved by the use of lotxUnw Upptt VtflO' scribed in paracraph (e) of this section. respirators or shift rotation of em (3) Ceiling concentration. No em ployees. except: Cryiunin^ U<utu (naptrmtiM____^ MtU (UU1 dint]____ %*Orf Cvr*bluM*xamlcurWVtmdtIfrUaMO* fwru. Tmc*tJeruntailltrd0tr*#*tHikm tm- maiM fot tuwu. JLmorphvwi. faeSudtnf <Ufucrou> >nW> %StOrf* KMCOt* %NOrt-i tac/IP %KOi ployee shall be exposed at any time to airborne concentrations of asbestos fibers in excess of 10 fibers, loncer than S micrometers, per cubic centimeter of (1) Durinc the time period necessary to install the encinccrinc controls and to institute the work practices required by paragraph <e> of this section; air, as determined by the method pre scribed in paracraph <e> of this section. <c) Methods of compliance--tl) En- tfneering methods, tl) Engineering con trols. Engineering controls, such ns. but not limited to. Isolation, enclosure, ex haust ventilation, and dust collection, shall be used to mert the exposure limits prescribed in paragraph (b) of this section. (U) In work situations in which the methods prescribed in paracraph (c) of this section are either technically not feasible or feasible to an extent insulfieient to reduce the airborne concentra tions of asbestos fibers below the limits prescribed by paracraph (b> of this section; or. (iii) In emercenelcs. VHratet fW thM t% ttm toMtKknat s_i_lic_a)_: ___ Tak............. t*ni*nd cement.._ COoraont dhlmt*tfm(mt*uprmitibnM---i-I--M *u0} <U) Local exhaust ventilation, (a) Local exhaust ventilation and dust col lection systems shall be deslcned, con structed. installed, and maintained in accordance with the American National Standard Fundamentals GovernInc the <iv> Where both respirators and per sonnel rotation are allowed by subdivi sions tl), (ii). or (ill) of this subparacraph.'snd both are practicable, person nel rotation shall be preferred and used. (2) Where a respirator is permitted by (* tl*n*%SlO*)._ Design and Operation of local Exhaust subparagraph (1) of this paracraph. it Tee mn tbia tKk............-- Imrt r Nufecnc* Dart: TftOreWpJlTdattlritte__tr.c-e-rtt,o-nr--r-r. Hw/V %W>rH UtaarctW/M>1 NoTt: CcnvmJoa fietw ppcfXSS million r>rt*--cartel pftftfcle: porcfe ... (Mimoftt of nartxlra frarcgble feet af w tatrinc+r sample* eountcdSf-Bcht-ifieM tcefakfc The (MTcmuc cf uahmiK tiUc* In the fcimuta li (he Inunumoi*ncttmtattcrathwChricamh dhr-tbfcacPr#ibntoimi tpakart. b<rn slio^a w Vp apfilkcrtllL. Aj dHfnutiK-d by UaiMmbmna fitter metbad at OO X pin** conlrapt maorthcaUca. Ui( awicrntmtlMt m panrent ^mrte he tk applkatton f Uih NmK m ba detrrmlncH wem tlf fancOtm |wmU<c a ibidwUi with U* *ctt**Wc cbtfaeterUttev: A*mlyn%mk dlainrira (unit fittuiljr faiiM |MMrt( nwW 2tAAOlt M0*00 10 Th* nvta*ur*fnnU coxier (fate nata trier (a Ua km af an AKC lnurufntnt. irate rtsplrabk fractlan cf aoa) <Ju b 4ftrmlitiJ with iNRK Uia flauft cpnranowdlnc to Uiat af *.< >1091* * tbclabto ht al dust to 4A Uf/U*. 3. A new f 1910J3a Is Added to Part 1910; reading as UXamt: S 1910.93a Asbestos. Systems. ANSI Z9.2-1971. which is in corporated by reference herein. (b) See ! 1910.6 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 11910.1.00. C31t> Particular tools. All hand-op erated and power-operated tools which may produce or release asbestos fibers in excess of the exposure limits pre scribed in paracraph <b> of this section, such as, but not limited to, saws, scorers, abrasive wheels, and drills, shall be pro vided with local exhaust ventilation sys tems in accordance with subdivision Ul) of this subparagraph. (2) Work practices--(1) Wet methods. Insofar os practicable, asbestos shall be handled, mixed, spirited, removed, cut, scored, or otherwise worked in a wet state sufficient to prevent the emission of airborne fibers in excess of the ex posure limits prescribed in paracraph (b) of this section, unless the usefulness of the product would be diminished thereby. (11) Particular products and opera tions. No asbestos cement, mortar, coatinc. crout, plaster, or similar material contalninc asbestos shall be removed shall be selected from among those ap proved by the Bureau of Mines. Depart ment of the Interior, or the National In stitute for Occupational Safety and Health, .Department of Health, Educa tion. and Welfare, und-r the provisions of 30 CFR Part 11 (37 FJl. 62. Mar. 25. 1972), and shall be us<*d in accordance with subdivisions 0), <li), (iii), and (lv) of this subparagraph. (i) Air purifying respirators. A reusa ble or single tre air purjfyinc respirator, or a respirator described in subdivision (ii) or (Hi) of this subparagraph, shall be used to reduce the concentrations of airborne asbestos fibers in the respirator below the exposure limits prescribed in paragraph (b) of tills section, when the celling or the 8-hour time-weighted aver age airborne eonc-ntratlons of asbestos fibers arc reasonably cxi>ectc(l to exceed no more than 10 times those limits. (ii) Powered air purifying respirators. A full facepiece powered air purifying respirator, or a powered air purifying respirator, or a respirator described in subdivision (iii) of this subparagraph, shall be used to reduce the concentra tions of airborne asbestos fibers in the respirator below the exposure limits pre scribed in paracraph (b> of this section, when the ccilinc or the 8-hour timeweighted averace concentrations of (a) Definitions. Tor the purpose of this section, <11 "Asbestos" includes chrysotiie, amosite, crocidolite, tremo- from bacs. cartons, or other containers in which they are shipped, without boinc either wetted, or enclosed, or ventilated asbestos fibers arc reasonably expected to exceed 10 times, but not 100 times, those limits. 11te, anthophyllite. end actlnollte. <2) "Asbestos fibers" means asbestos libers loncer than S micrometers. <b) Permissible exposure to airborne so os to prevent effectively the release of airborne asbestos fibersrin excess of the limits prescribed in paracraph <b) of this section. . (ill) Type "C" suppfied-air respirators, continuous flow or pressure-demand class. A type "C" continuous flow or pres sure-demand, supplicd-nlr respirator concentrations o/ asbestos fibers--(1) (ill) Spraying, demolition, or removal. shall be used to reduce the concentra Standard effective July 7, 1972. Hie Employees encaced in the spraylnc of tions of airborne asbestos libers In the 8-hour Ume-wcichtcd averace airborne asbestos, the removal, or demolition of respirator below the exposure limits pre concentrations of asbestos fibers to pipes, structures, or equipment covered scribed in paragraph (b) of this section, which any employee may be exposed or Insulated with asbestos, and in the when the celling or the 8-hour Ume- shall not exceed five fibers, loncer than removal or demolition of asbestos in wcichtcd average airborne concentra S micrometers, per eubie centimeter of sulation or eovcrincs shall be provided tions of asbestos flberp are reasonably air, as determined by the method pre scribed in paragraph te) of this section: (2) Standard effective July 1. 197C. The 8-hour Ume-wcichtcd averace air borne concentrations of asbestos fibers with respiratory equipment in accord ance with paracraph (d) (2) (ill) of tills section and with special clothInc in ac cordance with paracraph (d)(3) of this section. expected to exceed 100 times Uiosc limits. (iv) Establishment of a respirator pro gram. (a) Hie employer shall establish a respirator procram in accordance with. fEDEXM XEG1STEX, YOU 37, NO. 110--WEDNESDAY, JUNE 7, It72 RULES AND REGULATIONS 13321 tJic requirements of llic American Na tional Standards Practices for Kcsplratorv Protection. AN5I Z80.2-19G0. wlllch Is i'nrorjwrntcd by reference herein. b See $ 1910.G concerning the avall- where aslicatos filters arc released to be monitored in such a way nr. to determine whether every employee's exposure to asbestos fibers is below the limits pre scribed in paragraph (b> of this sec subparagraph shall conform to the re quirement:; of 20" x 14" vertical format signs specified in i 1010.145<di >. and to this subdivision. The signs shall dis play the following legend in the lower Ibility of ANSI Z88.2-WG9 and the maln- tion. If the limits are exceeded, the em panel, with letter sizes and styles of a .rnance of an historic file in connection ployer shall immediately undertake a visibility at least equal to that specified therewith. Tlie address of the American compliance program in accordance with In this subdivision. National Standards Institute i* given in f 1P10.100. ic> No employee shall be assigned to tasks requiring the use of respirators if, based upon his most recent examination, an examining physician determines that the employee will be unable to function paragraph (c> of Uiis section. (2) Personal monitoring--(I) Sam ples shall be collected from within the breathing rone of the employees, on membrane filters of 0.8 micrometer, porcsxity mounted in an open-face filter holder. Samples shall be taken for the legend asbestos ____________ _ Dust Hs*sjU-,,,,______ Potation I" Sans Serif. Gothic or Slock. K*>. Sens Serif. Gothic or Sleek. normally srearinc a respirator, or that the safety or health of the employee or other employees will be impaired by his- use of a respirator. Such employee shall be rotated to another job or given the opportunity to transfer to a different po determination of the 8-hour time- weighted average airborne concentra tions and of the ceiling concentrations of asbestos fibers. (ii) Sampling frcqucncfcand patterns. After the iniUal determinations required Avoid Breathing Dust... 14" Gothic. Wear Assigned Protective H" Gothic. Equipment. Do Not Remain In Area 14" Gothic. Unless Your Work Re- . quires It. Breathing Asbestos Dust 14 point Gothic. sition whose duties he is able to perform by subparagraph (1) of this paragraph, Mij Be Htoardous To with the same employer. In the same geo samples shall be of sueh frequency and Tour Health. graphical area and with the same senior ity. status, and rate of pay he had just prior to such transfer, if such a different position is available. , (3> Special clouting: The employer shall provide, and require the use of, spe cial clothing, such as coveralls or similar whole body clothing, head coverings, gloves, and foot coverings for any em ployee exposed to airborne concentra tions of asbestos fibers, which exceed the ceiling level prescribed in paragraph <b) of this secUon. (4) Change rooms: (i) At any fixed place of employment exposed to airborne concentrations of asbestos fibers in ex cess of the exposure limits prescribed in vragraph (b> of this section, the emsyer shall provide change rooms for -mployces working regularly at the place. Ui> Clothes lockers: The employer shall provide two separate lockers or con tainers for each employee, so separated pattern as to represent with reasonable accuracy the levels of exposure -of em ployees. In no ease shall the sampling be done at intervals greater than ( months for employees whose exposure to asbestos may reasonably be foreseen to exceed the limits prescribed by paragraph <b) of this sccUon. (3) Environmental monitoring--(1) samples shall be collected from areas of a work environment which are representaUve 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 th< 8hour time-weighted average airborne concentrations and of the ceiling con centrations of asbestos fibers. (ii) Sampling frequency aval patterns. After the initial determinations required Spacing between lines shall be at least equal to the height of the upper of any two lines. (2) Caution labels--(it Labeling. Cau tion labels dial! be affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing asbestos fibers, or to their containers, except that 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, (b) of this section will be released. (ii) Label specifications. The caution labels required by subdivision <1) of this subparagraph shall be printed in letters of sufficient size and contrast as to be readily visible and legible. The label shall or isolated as to prevent eontaminaUon by subparagraph (1) of this paragraph, Caution of the employee's street clothes from his samples shall be of sueh frequency and voric clothes. pattern as to represent with reasonable (ill) Laundering: to) Laundering of accuracy the levels of exposure of the Contains Asbestos Fiben Avoid CrcaUng Dust asbestos contaminated clothing shall be employees. In no ease shall sampling be done so as to prevent the release of air at intervals greater than S months for Breathing Ashtstoo Dust Mar Cause Serious Bodily Harm borne asbestos fibers in excess of the ex employees whose exposures to asbestos <h) Housekeeping--(1) Cleaning. All posure limits prescribed in paragraph (b) may reasonably be foreseen to exeeed external surfaces in any plaee of employ of this section. the exposure limits prescribed in para ment shall be maintained free of accu <b> Any employer who gives asbestos- graph (b) of this section. mulations of asbestos fibers if, with their contaminated clothing to another person (4) Employee observation of monitor dispersion, there would be an excessive for laundering shall Inform such person ing. Affected employees, or their rep concentration. of the requirement in (a) of this subdi vision to effecUvely prevent the release of airborne asbestos fibers in excess of the exposure limits prescribed In para graph (b> of this section. fc) Contaminated clothing shall be transported in sealed Impermeable bags, or other elosed, impermeable containers, and labeled In accordance with para graph <g> of this section. resentatives, shall be given a reasonable opportunity to observe any monitoring required by this paragraph and shall have access to the records thereof. (g) Caution signs and (abets. (1) Cau tion signs. (I) Posting. Caution signs shall be provided and displayed at each location where airborne concentrations of asbestos fibers may be in excess of the exposure limits prescribed in paragraph (2> Waste disposal, Asbestos waste, scrap, debris, bags, containers, equip ment, and asbestos-contaminated cloth ing, consigned for disposal, which may produce in any reasonably foreseeable use. handling, storage, processing, dis posal. or transportation airborne concen trations of asbestos fibers in excess of the exposure limits prescribed in paragraph (b) of this section shall be collected and <e> Method of measurement. All de (b) of this section. Signs shall be posted disposed of in sealed impermeable bags, terminations of airborne concentretiona at such a distance from sueh a location or other closed, impermeable containers. of asbestos fibers shall be made by the so that ah employee may read the signs (1) Recordkeeping--(1) Exposure rec membrane filter method at <00-450 X - (magnlficaUon) <4 millimeter objective) with phase contrast illumination. <f> Monitoring--(1) Initial determi and take necessary protective steps be fore entering the area marked by the signs. Signs shall be posted at all ap proaches to areas containing excessive concentrations of airborne asbestos ords. Every employer shall maintain rec ords of any personal or environmental monitoring required by this section. Rec ords shall be maintained for a period of at least 3 years and shall be made avail nations. Within 0 months of the publl- fibers. able upon request to the Assistant Secre Uoo of this section, every employer (ii) Sign specification*. The warning tary of Labor for Occupational Safety ..isli causa every place of employment signs required by subdivision (1) of this and Health, the Director of the National UOEmu tEOISTO, VOL 37, NO. 110--WEBNESOAV, JUNE 7, >73 11322 RULES AND REGULATIONS institute for Occupational Safety and tions. Records shall be retained by Health, and to authorized representa employers for at least 20 years. tives of either. (10 Access. The contents of the rec . <21 Employee access. Every employee ords of the medical examinations and former employee shall have reason able access to any record required to be maintained by subparagraph U) of this paraeraplt, which indicates the em ployee's own exposure to asbestos fibers. - <3) Employee notification. Any em 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 HIOSH, to authorized physi cians and medical consultants of either * I * i ployee found to have been exposed at any time to airborne concentrations of asbes of them, and, upon the request of an cm-" ploycc or former employee, to his physi tos fibers, .in excess of the limits pre scribed in paragraph (b) of this section shall be notified in writing of the expo sure as soon as practicable but not later than S days of the finding. The employee 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 sliall also be timely notified of the cor rective action being taken. (]) Medical examinations--(1) Gen eral. Tlic employer shall provide or make paragraph, and any otlscr medical In formation related to occupational ex posure to asbestos libers. available at his cost, medical examina 3. A new 11910.19 Is added to Subpart ; tions relative to exposure to asbestos re B of Fart 1910. reading as follows: quired by tills paraeraph. (2) Preptaeement. 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' Urborne con centrations of asbestos fibers, a compre S 1910.19 AtltcMo* dual. Section 1910.93a shall apply to the exposure of every employee to asbestos dust in every employment and place of employment covered by 11910.12, I 1910.13.11910.14, | 1910.15. or ! 1910.16, ! ; , hensive medical examination, which shall- in lieu of any different standard on ex- include, as a minimum, a chest roent- posure to asbestos dust which would ' cenocram (posterior-anterior 14 x 1? otherwise be applicable by virtue of any ! Inches), a history to elicit symptom- of those sections. . otolocy of respiratory disease, and pulmonary function tests to Include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEVi.*). Effective date. Paragraph (b) (2) - of f 1910.93a shall become effective July 1, 1976. All other provisions of ii 1919.93a, 1910.93, and 1910.19 shall become effec- j ' - (3) Annual examinations. On or be tive July 7, 1972. The current emergency fore January 31, 1973, and at least an temporary standard remains In effect nually thereafter, every employer shall until July 7, 1972. * provide, or make available, comprehen sive medical examinations to each of his employees engaced in occupations ex posed to airborne concentrations of as bestos fibers. Such annual examination shall Include, as a minimum, a chest (Sees. 8,1. 84 Btat. IBM. 1608; 39 CJS-C. 56. 057; 29 CTR 1910,4; Secretary of Labor*! Order No. 12-71, 30 TJL 3764) Signed at Washington, D.C., this2d i day of June 1972. roentgenogram (posterior-anterior 14 x 17 inches), a history to elicit symptom atology of respiratory disease, and pulmonary function tests to include G. C. GvrXTKER, Assistant Secretary of Labor. (nt Doc.72-8674 ru*d 4-S-73,-:4l am] j forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV>..). (4) Termination of 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 foreed vital capacity (FVC) and foreed expiratory volume at 1 second (FEV,,). (5) Recent examinations. Ho 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. (G> 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 EE0EHAL 8EGISTER, VOL. 37, NO. 110--WEONE50AT, JUNE 7, 1*73