Document dao3dBK2E5ad8VMX8jZ0eR64q

Asbestos Information Assodatlan/NTorTlTAmerica 22 East 40th Street New York, N. Y. 10016 (212) IsC'iiis July 12, 1972 TO: AIA/NA MEMBER COMPANIES AIA/NA ENVIRONMENTAL CONTROL SUB-COMMITTEE. AIA/NA LEGAL COUNSEL Janes Armstrong - Bendix Corporation E. C. Bratt - H. K; Porter Company, Inc. G. G. Gabrielson, Jr. - Nicolet Industries, Inc. - Bernard Gross - American Bilt Rite Rubber Compan- J. Hall - GAF Corporation "____ , Hr Mr Jackson _ ~^_Johns-Manville .Corporation------ W. N. Johnson Union Carbide Corporation A. R. Hooker - The Flintkote Company C. A. Neumann - Kentile Floors Incorporated G. W. Nickel - Armstrong Cork Company Clifford Seymour - The Carborundum Company " " J~ R ."StBfS oh- " - Congoleum Industries, Inc. Philip Weinstein - Evertex Incorporated G. W.. Wright, M.D. - St. Luke's Hospital Gentlemen: Inadvertently, the list of non-locked-in asbestos containing products which was to have been attached to onr July 5 - mailing was not included. Attached, thereforev is the ~i list as originally promised. - ^ It has come to our attention that a number of companies still have -questions concerning whether certain asbestos - containing products which they manufacture should or should not be labeled. The standard is rather indefinite in that it calls for warning lables on products which "during any ' reasonably foreseeable use" may create airborne concentrations of asbestos in excess of prescribed limits. The Occupational Safety `and Health Act itself states that "any standard promulgated ... shall prescribe the use of labels or other: appropriate forms of warning as are necessary to insure thatemployees are apprised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatments, and proper conditions and precautions of safe- use or exposure." Quite obviously, the rather simple t -2- -varrsiRe label prescribed-in the regulations does not meet all of-the criteria described in the law, which only adds to the problem. - ' Each company will have to decide for itself whether a particular product requires a label or not. Obviously, there should be uniformity on this subject, because if one company decides to label a certain product, and another company decides not to label the same product, the latter company whould be placed in a most untenable position with OS HA. It is our understanding that CSKA is planning to use the list of non-locked-in products submitted by Dr. Fred Pundsack of J-M at the March hearing as its labeling criteria. If this list is followed, difficulties with OSHA should be few. Nevertheless, there are always products which do not fit any list, or wnich may produce levels in excess of the . standard at one step in the application or handling process. For example, the field, cutting or trimming of asbestos-cement pipe might produce levels in excess of the standard, but only for the man doing, the actual cutting and only very intermittently or rarely. Thus, to place a warning label on asbestcs-cement pipe would be quite misleading in that it would alarm all those handling the product, when only one man has a potential excess exposure. Our recommendations to you on labeling would thus be as follows: 1. If the product is included on the list of nonlocked-in products, it should be labeled. 2. If a product is not included on the list of non-locked-in products but you consider it to be a border line case, or if the product has an ' occasional handling or Imbrication problem, the following options are open: a. Label it and be on the safe side. b. Do not label it and hope OSHA doesn't question your decision. . c. Conduct tests to determine if the use of the product does indeed produce levels in excess of the standard. Chances are that -More- -3- most product uses of this type will meet the eight hour TWA standard of five fibers, and-that most problems will be in meeting the ten fiber ceiling standard. If tests determine that neither standard is exceeded, the product obviously need not be labeled. The test results should be kept in readiness in case an OSHA 'inspector questions your decision. d; If the eight hour time weighted average is above five fibers per cc, then the product should be labeled. . e. If the ceiling value is above ten fibers per cc, which is- the more likely of-the two possibilities, then the use of the product* should ba examined tc determine (1) hew fir above ten fibers per cc is the ceiling value r (2) does this particular work practice or use of the product occur frequently, intermittently, or only rarely, (3).can the product be applied, cut, trimmed, etc. in another fashion such that the ceiling level does not exceed ten fibers per cc. After these questions have been answered, it will be up to the individual company involved to weigh each answer carefully and to arrive at a decision based on the simple proposition: Does this product or its use place the health of workmen in-jeopardy? Obviously, if the . answer is "yes," the proauct_should be " labeled. If, on the other hand, you honestly believe that the answer is "Eoi" then you . should not feel constrained to label the product, nevertheless you must be prepared to defend your position with OSHA should they question it. There are a number of ways that you can place your company in a better defensive position should OSHA challenge your decision not tc label a particular product. The basic idea would be for you tc alert the purchasers of this particular product that one or more operations in the handling, application, cutting, etc. of the product might produce levels in excess of the standard and that 1 -More- >- -4- precautions should be taken. This could bedone through personal contact between industry salesmen and customers, or in the form of-art instruction sheet delivered with the order______ that might specify certain work practices o:r: types of machinery that should be used to-----~-- keep dust levels, low. '''he instruction sheet, for example, might say nothing more than -----"Powered bench saws without collectors shouldw_ not be used-in. cutting this product. If thxa---- is impractable, operator should be provided with a U.S. Bureau of hLnes approved respirator." An approach of this typ *, or one somewhat-- similar, would indicate to OSHA, should the-- ____ . question arise, good faith on your part. '~ ~ With regard to the coordination of industry labeling practices, if your company has decided to label a product not included on the attached non-locked-in list,. I would appreciate being . notified of this decision and the rationale behind it as soon as possible, so that a uniform position can be established with other companies in the industry manufacturing the same product. . .* If you have any questions or problems with regard to labeling, please feel free to contact us at any time. I would not advise your asking OSHA for a decision on whether or not to label a certain product. Almost assuredly they will teULyau-- ! to label any border line product , and that decision will. --1' s become binding for the rest, of- the industry-as-well. - ------- j Very truly yours, Matthew M. Swetonic Executive Secretary Enclosure NON-LOCKED-IN . ASBESTOS-CONTAINING PRODUCTS REQUIRING A WARNING LABEL ACOUSTICAL PRODUCTS ' - i Dry spray type Foamed asbestos * CALCTUH-SILICATE SHEETS ' .. ' Low density sheets (less than 50S/ft3^ CEMENTS < Diry Gypsum joint cements In ulating cements INSULATIONS - ~ -- Low density calcium silicate binders Corrugated paper Low density magnesia binders High temperature blocks & bricks PAPERS & FELTS . Commercial grades (unsaturated) Roofing felts (unsaturated) Gaskets (unsaturated or not encapsulated) Millboards (unsaturated or uncoated) STUCCO & PLASTER --^ Dry mix cement stucco Dry mix decorative plaster TEXTILES (unsaturated or uncoated) Braided products Cloth Listing Kicks ` Yarn ASBESTOS FIBER BAGS