Document gDJnqXOz2KG98k2pNqEEaKv5J

; ' `V 'J 1: 3' $ k r ; 'J k i. V Federal Register / Vol. 51, No. 119 / Friday. June 20, 1986 / Rules and Regulations 22677 permissible exposure limit for allowable recommended standard, OSHA has airborne concentrations of asbestos. The chosen not to adopt a product and AIA/NA argued that lowering OSHA's process categorization scheme in the current PEL of 2 f/cc was not possible final standard for asbestos. In addition because of the inherent sampling and to the objections to such an approach analytical variability inherent in the use discussed earlier, OSHA notes that the of the OSHA method (fora discussion of AIA/NA's recommendations are the variability issue, see the Methods of intended to apply predominantly to the Measurement section in the Summary installation of new products in the and Explanation for General Industry construction environment, and would (Section X. below). As discussed in thus not address those construction detail in the Preamble section on operations that so many commenters Technological Feasibility (Section VII), pointed to as being the most hazardous: OSHA has determined that achieving Asbestos renovation, demolition, and the new PEL of 0.2 f/cc as an 8-hour removal operations. time-weighted average is feasible in the The Advisory Committee for great majority of workplaces with the use of engineering and work practice controls alone, although respiratory protection may be required in some Construction Safety and Health. At several critical junctures during the asbestos rulemaking, OSHA has had the benefit of the Advisory Committee's operations. review of various draft versions of the The AIA/NA's recommended asbestos construction standard. Most standard was similar in many other recently, CACOSH reviewed a draft , respects to the standard recommended standard at Its September 28-27,1985 by the BCTD (Ex. 330). For example, the meeting (see transcript of CACOSH AlA/NA's recommendations include the proceedings for that date). In addition to . adoption of a product classification providing specific reviews of successive scheme that would rank asbestos- drafts of the asbestos standard for containing products used in construction construction, the Committee also in accordance with their potential for developed, in 1980, a comprehensive releasing airborne concentrations of document entitled Report on asbestos. Implementation of the AIA/ Occupational Health Standards for the NA approach would require Construction Industry (Ex. 84-233). manufacturer certifications and the . Although this document is not directed validation of empirically determined specifically to asbestos, many of its product classifications, including the use findings apply to the revised of objective data or exposure studies construction standard. For example. conducted by fully qualified testing . CACOSH expressed concern about the laboratories and empirical Geld testing - difficulty of applying many traditional by OSHA inspectors and.others to health standards requirements in the confirm these test results.' construction setting; specifically, the According to the AIA/NA, examples . Committee noted that medical of products qualifying.for Category A surveillance, the use of engineering status (the least hazardous grouping) controls, and extensive recordkeeping include products in which asbestos . often pose problems in this high- fibers are bound, coated, or enclosed by tumover, out-of-doors; short-term work other materials, such as mastics, environment (Ex.- 84-233). . mechanical packings, oil seals', In the context of OSHA's revised compressed gaskets, sealants and asbestos standard for construction, the caulks, roof coatings, and electrical Committe voted overwhelmingly in insulating paper (Ex. 84-307, p. 23). favor of the issuance of a separate Category B.products would include standard for the construction industry ' those certified by their manufacturers as (Ex. 84-424). CACOSH also being incapable, under reasonably recommended that the PEL for foreseeable conditions of processing or construction be set at "the lowest . use, of releasing asbestos fibers in feasible level" (Ex. 84-424, pp. 11-13), as excess of the PEL "when one or more OSHA. has in fact done (see the specified Fabrication Installation or Preamble section on Technological Removal Methods are used' (Ex. 84-307, feasibility, Section VII). At a later pp. 23-24). Category C products would meeting (September 28-27,1985), include, under the AlA/NA's members of the Committee noted their classification scheme, products support for many provisions of a draft presenting the greatest.exposure final standard submitted to CACOSH potential. These products would . . for review; this draft was substantively, consequently be subject to the most similar to the standard published today. stringent regulatory controls. For example, committee member |oe As explained in detail above in Adam urged that the traditional connection with the BCTD's hierarchy of controls be reflected in the revised standard, i.e., "engineering controls'first, work practices, and then the final [choice of method] being personal protective equipment" (see transcript of CACOSH proceedings). On other issues raised by requirements of the draft under review. CACOSH urged' OSHA to refine particular provisions. OSHA has generally incorporated CACOSH's suggestions. For example, in response to the point made by Mike Deis of Better Working Environments that respirators should be qualitatively fit tested with every wearing, OSHA has revised the final standard specifically to cross-reference 29 CFR 1910.134(e). Section 1910.134(e)(5)(l) requires employers to ensure the proper fitting of half-mask respirators by checking the facepiece fit "each time he [or she] puts on the respirator." In addition, CACOSH noted several minor errors in the draft standard being reviewed, particularly in the draft respiratory protection section, and these have subsequently been corrected.in the final standard (see transcript of CACOSH proceedings). The final standard thus reflects, in a large number of provisions and in many ways, the expert advice received by the Agency from the Advisory Committee over the course of this asbestos rulemaking. X. Summary and Explanation of the Revised Standard for General Industry 1. Paragraph (a). Scope and application.. Like the existing asbestos standard and other OSHA health standards such as inorganic arsenfc (11910.1018); lead ( 1910.1025). DBCP (S 1910.1044), and acrylonitrile (11910.1045), this revised standard applies to all "occupational exposures to (asbestos)." OSHA has not defined the tenri "occupational exposure" in the regulatory text However, because of increased public awareness of the hazards of asbestos and its ubiquitousness, inquiries have been made to OSHA concerning the applicability of the standard to exposures in buildings which may not result from manufacturing, processing or installing asbestos products. Significant areas of concern expressed were exposures to office employees in . buildings where, asbestos products has been installed and to employees who work in the vicinity of asbestos . abatement and renovation activities.. In both situations the exposures are occupational and are covered by this standard,The employee's presence in the workplace places him at increased . risk from asbestos exposure regardless of whether the employee is actually working with asbestos. GLEASON-000925