Document jgLNM0LKkeoYXaw056jOnNQNQ

v*' . ffctft ' SHELL OIL COMPANY io SEE ATTACHED LIST RECEIVED OCCUPATlOtiAl SAFETY & HEALTH FEB 3 1976 JF0 CWS WAR DATE FEBRUARY 3, 1976 FROM DEPARTMENT OF OCCUPATIONAL SAFETY & HEALTH . subject OSHA REVIEW COMMISSION CASE OF GAF CORPORATION & UNITED ENGINEERS & CONSTRUCTORS, INC. CONCERNING AIRBORNE ASBESTOS The OSHA Review Commission has ruled (see attached cases printed in CCH at pages 23976 through 23984) the present asbestos standard to mean if airborne asbestos is present at all (and in theory the presence of any asbestos may become airborne at some time or other i.e. during installation, maintenance or removal) medipaT^xaminations on employees required under the present asbestos standard musirBe implemented, to wit: 1910.93a(j) has been reindexed to 1910.T001(o)- Attached is a copy of this portion of the (old) 1910.93a asbestos standard and the complete (new) 1910.1001 asbestos standard. If airborne asbestos is present at or above the present standard's TLV, you should already be conducting monitoring and providing physical examinations and the case does not present any new or additional problems. However, for all the establishments that have asbestos present, i.e. on boilers, pipes or in construction etc. it opens possible questions by a compliance officer in the event of an inspection: 1. Is there any asbestos at this establishment? 2. Is it or can it be airborne? 3.. Have you monitored? 4. Have you advised your employees of the hazard they are exposed to? ^ 5. Are you providing your employees with medical examinations? 6. Where are your records? On January 20, 1976 we discussed the status of this case with Mr. Smutherman of the Atlanta firm of McNeil Stokes representing GAF. He advised us that Notice of Appeal had been sent to the U.S. Court of Appeals in Washington, D.C. and that United Engineers & Constructors, Inc. were going to appeal .to the 3rd Circuit in Philadelphia, PA. See attached copy of Attorney Brynn F. Aurelius memorandum to the undersigned, dated February 2, 1976. ABS-012369 LAM 030314 2- - The present asbestos standard is being revised by the U.S. Labor Department. However, the sections dealing with medical examinations and work place monitoring are unchanged. We disagree with the decision of the Review Commission in the captioned cases and pending the outcome of the judicial appeals of these two cases we would not propose any changes in existing work practices. The purpose of this memorandum is to alert you to a potentially very troublesome problem and the present activities that may or may not change the effect of this case. The Legal Department will follow this litigation and we will advise you of significant developments. Attachment W. A. Roqult ABS-012370 LAM 030315 DISTRIBUTION "A" LIST MESSRS. B. F. AURELIUS C. E. BISHOP W. C. BLUHM J. BOYAJIAN P. A. DENNIE W. R. HARP R. M. GRISWOLD R. G. JOBE H. L. KUSNETZ F. B. LOE H. LOW l. L. MC DOWELL J. W. PITTMAN, JR. W. A. PRICE . I. A. ROBERTS J. C. SCHRATWIESER 0. J. SHIRLEY J. F. WEILER S. G. WILES PROFESSIONAL LIST MEDICAL DIRECTOR R. E. JOYNER, M.D. INDUSTRIAL HYGIENISTS COPY FOR F. M. PARKER III^TH,b R. K. JONES H. J. MC DERMOTT C..F. PHILLIPS H. 1. KUSNETZ D. P. ATWOOD J. RANSDELL WESTHOLLOW RESEARCH CENTER " J. R. MILLER M. A. MUHS ABS-012371 LAM 030316 4-w RULES AND REGULATIONS Sam- n the s. on Legend Ut/ttUm. Notation 1" Sans Serif. Gothic or Block. ;r po- Dust Hazaid. 14" Sans Serif. fllter >r the timentra- ons of Avoid Bre*thing Dust-- Wtsr Assigned Protective Equipment. Oo Not Remain In Area Gothic Block. V4" Gothic. !4" Gothic. K" Gothic. or terns, mired Uoleas Tour Work Re quires It. Breathing Asbestos Dust 14 point Oothlc. iraph, y and Key Be Hazardous To Tour Health. >nable f em ' mg be ionths bestos exceed h (b) Spacing between lines shall be at least mual to the height of the upper of any two lines. <2) Caution labels--(1) Labeling. Caution labels shall be affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing asbestos g-- (1) eas of esent- | ons of b the unpleat, I . flit-* libers, or to their containers, except that oo label is required where asbestos fibers lave been modified by a bonding agent, xioung. binder, or other material so that during any reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no airborne concentra ted tions of asbestos fibers in excess of the S Sha4A| Miwsure limits prescribed In paragraph the 8-. !,, of this section will be released. rbome-l Hi Label specifications. The caution i con- labels required by subdivision (1) of this ttems, qulred graph, cy add.] vioparagraph shall be printed in letters o! sufficient size and contrast as to be readily visible and legible. The label shall Ante Caution onablaj of the' ling be Contains Asbestos Fibers Avoid Cresting Dust ths for ttreethlng Asbestos Duet May Cause sbestot Serious Bodily Harm exceed i para^j ti> Housekeeping--(1J Cleaning. AU Mirrnal surfaces in any place of employ onltor/| ir rep,| ionablef iltoring ] ill hay* ] ment shall be maintained free of accu mulations of asbestos fibers if, with their d -:inuon. there would be an excessive iiiu-eiitration. Waste disposal. Asbestos waste. mtam. debris, bags,, containers, equip- ) v **i i signal at each! Tatlotu'l s of thel agraphj t posted f ocatlon] ie sign* eps b.] by th*l all ap.1 xcesstvfl isbest(] n.-nt, and asbestos-contaminated clothiii,-. consigneiMdr disposal, which may in diiii- In any reasonably foreseeable a.-. handling, storage, processing, dis- ... al. or transportation airborne concen trations of asbestos fibers in excess of the 'unsure limits prescribed In paragraph v nt this section shall be collected and jivpmed of In sealed Impermeable bags, ,,r other dosed. Impermeable containers. ,i Recordkeeping--<1> Exposure rec- ,,ij, Every employer shall maintain rec ord* of any personal or environmental safiiloring required by this section. Rec- ..rd nhall be maintained for a period of > irord 3 years and shall be made avallai iir uiion request to the Assistant Secre of tary of Labor for Occupational Safety the tel uni Health, the Director of the National formal huuiute lor Occupational Safety and 4). and] ihadh. and to authorized representa- all ,.r*nf either. e low*! ' Employee access. Every employee les of 1 ,rvu ionucr employee shall have reasonpeclfli| ,. v access to any record required to be ..imuincd by subparagraph (1) of this paragraph, which indicates the em ployee's own exposure to asbestos fibers. (3) Employee notification. Any em ployee found to have been exposed at any time to airborne concentrations of asbes 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 5 days of the finding. The employee shall also be timely notified of the cor rective action being taken. (}) Medical examinations--(1) Gen eral. The employer shall provide or make available at his cost, medical examina tions relative to exposure to asbestos re quired by this paragraph. (2) Preplacement. The employer shall provide or make available to each of Ills employees, within 30 calendar days fol lowing his first employment in an occupation exposed to rirborne con centrations of asbestos fibers, a compre hensive medical examination, which shall Include, as a minimum, a chest roent genogram (posterior-anterior 14 x 17 Inches), a history to elicit symptom atology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV,..). (3) Annual examinations. On or be fore January 31. 1973, and at least an nually thereafter, every employer shall provide, or make available, comprehen sive medical examinations to each of his employees engaged in occupations ex posed to airborne concentrations of as bestos fibers. Such annual examination shall Include, os a minimum, a chest roentgenogram (posterior-anterior 14 x 17 Inches), a history to elicit symptom atology of respiratory disease, and pulmonary function tests to Include 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 elldt symptomatology of respiratory disease, and pulmonary function tests to Include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV,..). (5) Recent examinations. No 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. (6) 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 tions. Records shall be retained by employers for at least 20 years. (11) Access. The contents of the rec ords of the medical examinations 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 NIOSH, to authorized physi cians and medical consultants of either of them, and, upon the request of an em ployee or former employee, to his physi 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 paragraph, and any other medical in formation related to occupational ex posure to asbestos fibers. 1910.93b Coal tar pitch volatiles; in terpretation of term. As used In 81910.93 (Table 0-11. coal tar pitch volatiles include the fused poly cyclic hydrocarbons which volatilize from the distillation residues of coal, petroleum, wood, and other organic mat ter. (Seo. B(g), 84 stat. 1800, 39 DS.C. 857) (37 PR 34749, Nov. 31,1973) 1910.93c 4-Nitrobiplienyl. () Scope and application. <1) This section applies to any area in which 4-Nllrobiplienyl. Chemical Abstracts Service Registry Number 92933 is manu factured, processed, repackaged, re leased. handled, or stored, but shall not apply to trans-shipment in sealed con tainers, except for the labeling require ments under paragraphs <e> >2>. <3>, and i4) of this section. (2> This section shall not apply to solid or liquid mixtures containing less than 0.1 percent by weight cr volume of 4-Nitrobiphenyl. (b* Definitions. For the purposes of this section: (1) "Absolute filter" is one capable of retaining 99.97 percent of a mono disperse aerosol of 0.3 um parit ies. <2> "Authorized employee" means an employee whose duties require him to be in the regulated area and wno has been specifically assigned by the employer. (3) "Clean change room" means a room where employees put on clean clothing and/or protective equipment in an environment free of 4-Nilrobiphenyl. The clean change room shall be con tiguous to and have an entry from a shower room, when the shower room facilities are otherwise required in this section. (4) "Closed system" means an opera tion involving 4-Nitrobiphenyl where containment prevents the release of 4Nitrobiphenyl Into regulated areas, nonregulatcd areas, or the external environ ment. (5> "Decontamination" means the in activation of 4-Nitrobiphenyl or its safe disposal. () "Director" means the Directoi, National Institute for Occupational Safety and Health, or any person di rected by him or the Secretary of Health. Education, and Welfare to act for the Director. (71 "Disposal" means the safe re moval of 4-Nitrobiphenyl from the work environment. (8) "Emergency" means an unforeseen circumstance or set of circumstances re sulting in the release of 4-Nitrobiphcnyl FEDERAL REGISTER, VOL 39, NO. 135--THURSDAY, JUNE 37, 1974 ABS-012372 tf.-1f 4,'I LAM 030317 H8 31:8301 OCCUPATIONAL SAFETY AND HEALTH STANDARDS SUBPART Z-TOXIC AND HAZARDOUS SUBSTANCES (Code of Federal Regulations, Title 29, Chapter XVII, Section 1910.93 of Suhpart G redesignated as 1910.1000 at 40 FR 23072, May 28. 19751 Subpart Z--Toxic and Hazardous Substancas Sec.: 1910.1000 Air Contaminants. 1910.1001 Asbestos. 1610.1002 coal tar pitch volatiles: Interpre tation of term. 1910.1003 4-Nltroblphenyl. 1910.1004 alpha-Naphthylamlne. 1910.1003 4,4'--Methylene bis (2-chloroanl- llne>. 1910.1000 Methyl chlorometbyl ether. 1910.1007 3.3'--Dlchlorobenzidine (and Ita salts). 1910.1000 bls-Chloromethyt ether. 1910.1000 beta-Naphthylamtne. 1910.1010 Benzidine. 1910.1011 4-Amlnodlphenyl. 1910.1012 Ethylenelmtne. 1910.1013 beta-Proplolactone. 1910.1014 2-Acetylamlnofluorene. 1910.1015 4-Dlmethytamtnoacobensene. 1910.1010 N-tfltrosodlmethylamlne. 1910.1017 Vinyl chloride. 8 1910.1000 Air contaminants. An employee's exposure to any mate rial listed in table Z-l, Z-2, or Z-3 of this section shall be limited In accord ance with the requirements of the follow ing paragraphs of this section. (a) Table Z-l: (1) Materiafs with names preceded bg "C"--Ceiling Values. An employee's ex posure to any material in table Z-l, the name of which is preceded by a "C" (e.g,, C Boron trifluoride), shall at no time exceed the celling value given for that material In the table. (2) Other materials--8-hour time weighted averages. An employee's expo sure to any material in table Z-l, the name of which Is not preceded by "C", in any 8-hour work shift of a 40-hour work week, 8hall not exceed the 8-hour time weighted average given for that material in the table. (b) Table Z-2: (1) 8-hour time weighted averages. An employee's exposure to any material listed in table Z-l. in any 8-hour work shift of a 40-hour work week, shall not exceed the 8-hour time weighted average limit given for that material In the table. (2) Acceptable ceiling concentrations. An employee's exposure to a material listed in table Z-l shall not exceed jt any time during an 8-hour shift the ac ceptable celling concentration limit given for the material in the table, except for a time period, and up to a concentration not exceeding the maximum duration and concentration allowed In the column under "acceptable maximum peak above the acceptable celling concentration for an 8-hour shift". (3) Example. During an 8-hour work shift, an employee may be exposed to a concentration of Benzene above 25 p.pjn. (but never above 50 p.p.m.) only for a maximum period of 10 minutes. Such ex posure must be compensated by expo sures to concentrations less than 10 p.pjn. so that the cumulative exposure for the entire 8-hour work shift does not exceed a weighted average of 10 p.pjn. (c) Table Z-3. An employee's expo sure to any material listed In table 0-3, In any 8-hour work shift of a 40-hour work week, shall not exceed, the 8-hour time weighted average limit given for that material in the table. (d) Computation formulae: (1) (1) The cumulative exposure for an 8-hour work shift shall be computed as follows: E = C.T.4-C>r> i . . . C.T. 8 where: E Is the equivalent exposure for the work ing shift. C Is the concentration during any period of time T where the concentration remains constant. T la the dure'i.m in hours of the exposure at the concentration C. The value of E shall not exceed the 8hour time weighted avcrace limit In table 6*12-75 ABS-012373 Copyright 1975 by The Bureau of National Affairs. Inc. (Sec. t9t0 lOOOldM LAM 030318 59 31:8302 REFERENCE FILE Z-1. Z-2. or Z-3 for the material in Table Z- i - volved. <U) To illustrate the formula pre Substance p.p.m.* scribed In subdivision (1) of this subpara graph. note that isoamyl acetate has an 8-hour time weighted average limit of 100 p.p.m. (table Z-l). Assume that an employee Is subject to the following exposure: Acetaldehyde.............................. Acetic acid................................. Acrttc anhydride......................... Acetone................................ .. Acetonitrile................................. Aoetylene dlddoride. see 1, 2* 200 IA 5 1,000 40 Two hours exposure at ISO p pm. Two hours exposure at 75 p pm. Pour hours exposure at SO p.pm. Substituting this Information in the formula, we have 2x150+3x75 + 4X50 ---------------------------------=$178 ppm. 8 Since 81.25 p.pm. is less than 100 p.pm., Acetylene tetrabromide.......... Acrolein....... ................................ Aerylamtde- Hkln........................ Acrylonitrile-Skin..................... Aldfln--Skin. .......... ............... Ally) alcohol--Skin..................... Allyl chloride. ;.......................... *C AllylelycMyl ether (AGE). Allyl propyl dlsulflde................. 2*Amtnoethanol. see Ethanolamine.......................................... 2-Amlnopyridlne......................... Ammonia............ .................. Ammonium sulfamata (Am- at 20 > 1 10 2 0.5 50 the 8-hour time weighted average limit, the exposure is acceptable. <2> (i> In case of a mixture of air con taminants an employer shall compute the n-Amyl acetate............................ sec-Amyl acetate.............. ......... Aniline--Skin.............................. Anlsldlne (o, p-Isomers)--Skin-- Antimony and compounds 100 125 5 equivalent exposure as follows: c, c, c. *-=--+--+ . . . -- L, L, L. .'here: E- is the equivalent exposure for the mixture. C is the concentration of a particular con taminant. (asSb)...................................... ANTU (alpha naphthyl thiourea)...................................... Arsenic and compounds (as As) -.. Amine........................... ............... Axlnphos-methyl--Skin........... Barium (soluble compounds).. p-Bentoqulnone. amQuinone. Benzoyt peroxide...................... Bencyl chloride........... ............. Biphenyl, see Diphenyl........... Btsphenol A. see Dtglyddyl a os L la the exposure limit for that contami nant, from tabic Z-l, Z-l, or Z-3. The value of E. shall not exceed unity (1). (U) To illustrate the formula pre scribed in subdivision (i) of thi subparagraph. consider the following exposures: Material Actual con- 8-hour time centrmtlon weiftited at Sfioar averse* exposure tijtctm ether....................................... Boron oxide................................ C Boron trifluorlde................... Bromine..................................... Bromoform--Skin..................... ButanethkH, see Butyl mer> captan....................................... ?'ttutanon.................................. 2-Butoiy ethanol (Butyl Cel- losolTe)--Skin.......................... Butvl acetate (n-butyl acetate). sec-Butyl acetate......................... tert-Butyl acetate........................ Butyl alcohol............................... sec-Butyl alcohol......................... tert-Butyl alcohol.,,.................... C Butylamina--Skin.................. 0.1 1,000a$ 200 15500 220000 too 150 1005 Acetona Table Z-l)....... 600p.p.m... 1,000p.p.m. 2-Butanone(Table Z-l). Up^jn___ 200p.pja. Toluene , Table Z-2i....... $0 p.pan____ TOO p.p.m. C tert-Butyl chromate*(as CrOj)--Skin............................. n-Batvl flyddyt ether (BGK).. Butyl mercaptan....................... p-tert-Butyltoluene.................... s1o0 10 Calcium arsenate...................................... Substituting In the formula, we have: 500 48 40 *-=---- --H------ 1 -- l.ooo 200 mo E. = 0 600 + 0925+0900 E. = 0.935 Since E. is less than unity (1), the expo sure combination is within acceptable limits. <e) To achieve complianee with para graph (a) through (d) of this section, administrative or engineering controls must first be determined and imple mented whenever feasible. When such Calcium oxide........................................... Camphor.................... 2 Carharyl (Soring)................................... Carbon black............................... ............. Carbon dioxide............................ 0,000 Carbon raonoxida........................ GO Chlordane--Skin........................................ Chlorinated campheoe--Skin................... Chlorinated diphenyl oxide__ Chlorine.................................. 1 Chlorine dioxide..................... ai C Chlorine trUluonde............. 0.1 C Chloroaeetaldehyde............ i gr-Chloroaretophenone (pbenacylchlorlde)............... a oi Chlorobenzene (monoebloro- benzene)................................ O'Chlorobenzylldane malononitrile (OCBM)........ a os Chlorobromomethene........... . 200 Z-Chloro-l.S-butadiene, see controls are not feasible to achieve full compliance, protective equipment or any Chloroprene.............................................. Chlnrodlphenyt (42 percent Chlorine)--Skin....................................... other protective measures shall be used to keep the exposure of employees to air contaminants within the limits pre scribed in this section. Any equipment and/or technical measures used for this Chlorodiphenyl (54 percent Chlorine)--Skin........................................ 1-Chloro.2,0-epoxypropane, see Bplehlorhydrln......................................... 2-Chloroethenol. see Ethylene chlorohydtin............................................. Chloroethylene, dee Vinyl purpose must be approved for each par ticular use by a competent Industrial hygienist or other technically qualified person. Whenever respirators are used, their use shall comply with 9 1910.134. chloride .................................................... C Chloroform (tnchloro- methane).................................. Chloro-l-nltropropane.............. 50 20 `hloroplcrin................................ 0.1 Chloroprene (2-ch1oro-l,3- butadlen)-'Sklti..................... 25 Tabic Z--1 -Continued rne./M* * Substance p.p m. . mu.'M* 360 25 20 2.400 70 14 a 25 0.3 45 a `-5 5 3 45 12 2 35 15 525 650 19 as 0.6 0.3 as a2 0.2 US 0.7 2,2005 590 240 710 950 950 300 34051005 27a0 6305 5 15 9,000 56 a0.s5 as 5 as at 5 a3 350 at 1,050 1 as 240 100 a? Chromium, sol. chromic, chromous salts as Cr......... Metal and Invtl. salts............. Coal tar pitch ToUtitas (ben* reue soluble fraction) ant lira- cene, HoP. phenanthrene, acridine.chrysene, pyrene... Cohalt, metal fume and dust.. Copprrfuine............................ Dusts and Mists.................... Colton dust (raw)..................... OractS) herbicide....................... Cresoi (.all isomers) * Skin .. Crotonaldehyde.......................... Cumene Skin............................ Cyanide (as CN)-Sktn........... Cyclohexane................................ Cyclohexanol............................... 50 30,Si>) Cyclohexanone....... .................... Cyclohexene.............................. Cyclopentadlene......................... 2, 4-D.................................... SO 3n 75 DDT--Skin................................. DDVp.see Dlchlorroa............... Dccahorane- Skin....................... Demctong Skin..................... Diacetone alcohol (4-hydroiy4-methyl~2-pentanoiie)............ 1,2-dlaminoethane, see 50 Ethylenediamtne..................... Dtazomethane............................. Dlhorane...................................... 0.7 0. I Dibutriphthalat*........ ............ ........ C o-Dichtorobenzene.................. ,vi p-Dtchlorobenzene...................... 75 Dlchlorodlfluoromethane........... 1,000 l,3*D1chloro-S,5-dimethyl hydantoia........................................... 1,1`Dichloroethaite.................... 100 1,2-Dtchlomeihylen*.................. 200 C IXchlotoethyl ether--Skin... 15 Dlchloromethane, tee Methylenechlorlde................. DiehlororconoOuoromethane... 1, (XX) C 1,1-Dlchloro-l-nilroethane.. 1,2-Dlehloropropane, tee 10 Propylenediehloride................ Dlchtorotetrafluoroethane......... 1.000 Dlchlorvos <Dl>VP)-Skta............ Dteldrln--Skin................................. Dtethytamtne.............................. 25 Dlcthylamlno ethanol--Skin__ 10 Diethylether. see Ethyl ether........ Difluorodlbromomethane.......... Too C DUtiycldyl ether (DOE)........ 0.5 Dihydroxybemene, see Hydroqutnoue............................... Dllsobutyl ketone...................... 50 DUsopropytamtne--Skin. .......... 5 DlntethoxymeUiane, see Methylal...................................... Dimethyl acetamide--Skin....... To Dimethy lamlne.......................... 10 DlmethylavuLnobenzen*. see Xylidene..................................... Dimethy tanllinelN-dbnethyfraniline)--Skin.......................... 5 DimethyIbentene, are Xylene..... Dimethyl !.2-dibrorao-2,2-di* chloroethyl phosphate, (Dlbrorn).............................. . . Dimethy Ifonnamide- Skin....... 10 2,6-Dlmethylheptanone, soe Dllsobutyl ketone....................... . 1.1-Dlmethylhydnulne--Skin... DimethyIphthalate........ Dimethy Isulfate--Skin.............. Dinitrobencene (all isomers)-- Skin........... ................................... Dlnitro-o-cresol--Skin.. .................. DVnitrotoluene--Skin............ ......... Dioxane tDiethylene dioxide)-- Skin........................................... Diphenyl...................................... Diphenylmethane dlleocyanate 100 a? (see Methylene blsphenyl Isocyanate (MDI)........................... Dipropylene glycol methyl ether--Skin............................ Di-sec. octyl phthalate (Di-2- ethylheiytphlhalate)..................... Endrtn- skin .................................. Eplchlorhydrtn--Skin................ EI*N -Skin.... ............................... 1.2-Epoxypropau*, see PropyleneoxUle............................. ,3-Epoxy-l-propanol. see (llycidot............... .... See footnotes at cud of table. ai s 0.2 0. 1 n. t l l 15 n; 245 A 1,(150 an .\xi I.OI5 an to I 0.3 ' o1 04 a. i 4V , AVI 400 7`*> ) 4. 200 60 7, OlXI .'I son 2.8 *) 2U :IK 25 3 30 I a2 1.5 300 I 600 s 01 w o. A ABS-012374 Occupational Safety & Health Reporter (Sec. 1910.1000(a)) (W) LAM 030319 TOXIC SUBSTANCES 31.8303 Table Z- I -Continued Table Z- I Continued I j!k' / | l . 'i! |!MU, j SabsUnr, p.p.m.* Ethenrtinol. st EthjrlmMcaptsn........................................ Ethanolsir.lne................... ......... V Ethox yethanol -Skin.............. 2-EtUoxvethylacetate (Cello- solve acetate)-Skin................ Ethyl acetate.............................. Ethyl acrylate--kln................. Ethvl alcohol (ethanol)............. Etbylsmine...................... .......... Krnvl *re-amyl ketone (5- mHt.vl-H-hepwnone). -.......... Fthv! benzene............................. Ethyl bromide............................ Ethyl butyl ketone (3* Hepttinone).............................. Ethyl ch'.orlde............................ Ethyl ether............. .................... Ethyl formate............................. C Ethyl mercaptan..................... Ethvl silicate............... ............... Ethylene chlorohydrin--Skin.. Ethylenedlamine........................ Ethylene dlbromide, see 1.2- Dibromoethane.. Ethylene dtchlorufe, see 1.3- Dlchlornetnane........................ C Ethylene glycol dlnltrate and/or Nitroglycerin--Skin... Ethylene glycol monomethyl ether acetate, see Methyl 3 200 100 400 25 1,00ft 10 25 100 200 50 1,000 400 100 10 100 6 10 <<X2 Ethylene Imine--Skin................ Ethylene oxide. 0.5 50 Ethylldine chloride, see 1,1pichlnroethane................. N-Ethylmorphoilne--Skin.. 20 Ferbani.................................. Fenrovanadlum dust........... Fluodde (as F)..................... Fluorine.. ai Fluorotrichloromethane............. 1,000 Formic add.................................. 0 Furfural--Skin................... 5 Furfuryl alcohol.......................... 50 Glycldo! (2.5-Epoxy-l* propanol).............................. Glycol monoethyl ether, see 2-Ethoxyethanol................... Guthton see Azlnphosmethyl................................... Hafnium................................... Heptachlor--Sktn.................... Heptane (n-heptane).............. . Hexachloroethane--Skin-------- 600 1 Hexaehloronaphthalene--Skin Hexane (n-heiane)........ .......... 500 2-Hexanone.......... .................... 100 Hexone (Methyl lsobutyl ketone)................................... sec-Hexyl acetate...................... Hydraxine--Skin................. Hydrogen bromide.................. . C Hydrogen chloride............. Hydrogen cyanide--Pkln......... 100 60 l 3 5 10 Hydrogen peroxide (90%)........ Hydrogen selenlde..... .............. 1 a 06 Hydroqulnone......................... C Iodine, ................................... ai Iron oxide fume......................... Isoamyl acetate........................... Isoamyl alcohol........................... Isobatyl acetate.......................... 100 100 150 Isobutyl alcohol.............. .-- 100 Isophorone.,.................................... 25 Isopropyl acetate......................... 200 Isopropyl alcohol.................... 400 Isopropylamlue....... .................... 5 Isopropylether............................. 500 Isopropyl glycldyl ether (I OR). 60 Eeteae.......................................... 0.6 Lead arsenate................................................. Lindane--Skin...................................... . Lithium hydride............................... . L.P.G. (UquJfled petroleum gas)............................................ 1.000 Magnesium oxide fame................................... Malathlon--8Wn............................................ . MaMc anhydride........................ a 25 C Manganese................................................... MesUyloxide................................ 25 Methonethtol, see Methyl mercaptan................................................... . Methoxychlnr................................................... 2-Methoiyethanol, see Methyl celiosolve..................................................... Methyl acetate............................. 200 Meth y\ acetylene (propyne)___ 1,000 Methyl aretytenepropadlene mixture fMAPP)..................... 1.000 Methvl arrvlte--Sktn................ 10 MelhylaHdimethoxymethane).. 1,000 Methyl alcohol (methanol)........ 200 Methylamlne............................... 10 Methyl amyl alcohol, see Methyl taobutyl carblnol............................ nig./M> 6 740 .MO 1.400 IUO 1,900 18 130 435 890 230 2,600 1,200 300 26 AftO 16 u 1 VO 9145 1 02.26 5,500 290 200 ISO as a.6 2,000 10 0.2 1.800 410 410 300 1.3 to 7 11 1.4 0.2 2 1 10 625 560 700 500 140 960 960 12 2,100 24a0 o a is as a 025 1,800 15 16 1 6 100 610 L 660 1.800 55 5,100 280 12 Substance p.p.m.* mg.fSV * Substance i> p.:u uig./M * Rhodium, Metal fume and Methyl (n-amyl) keton* (2- Heptanone).............................. 100 C Methyl bromide--Skin........... 20 Methyl iwtyl ketone, see 2- Hexauone..................................... , ................ Methvl celiosolve- -Skin............. 25 Methyl celiosolve acetate--8km 25 Methyl chloroform...................... 350 Mothylcyclobexane................... 600 Mcthvlcyclohexanol.................... 100 o-Methylcyclohexatione Skin.. 100 Methyl ethyl ketune (MEK). see 2-Dutanone............................ Methyl formate............................ Methyl Iodide--Skin.. ............. 100 5 Methyl IsobtUyl carbiuol--Skin, 25 ftfothyl isobutyl ketone, see Hexone.. Melhyl isocyanate--Skin........... 0. 02 C Methyl mercaptan................. 10 Methyl methacrylate.................. 100 Methyl propyl ketone, see 2- Pentaixme..... ................................................ C a Methyl styrene..................... 100 C Methylene hlsphenyl Isocyanate (Ml>I).................... O.03 Molybdenum: Soluble compounds...................................... Insoluble compounds................................... Monomethyl anlllne-Skln........ 2 C Monomethyl hydnultie- Skln........................................... 0,2 Morpholine--Skin....................... 20 Naphtha (coaltar)....................... 100 Naphthalene................................ 10 Nickel carbonyl.................... 0.001 Nickel, metal and soluble empds, as N!,,................... Nicotine--Skin..................... Nitric acid............................. 2 Nitric oxide........................... 26 p-NUroenillne-- Skin.......... 1 Nltrobemene--Skin............. l p-Nltrochtorobensene--Skin Nitroethane.......................... 100 Nltrogon dioxide................... 8 Nitrogen trifluoride............. . 10 Nitroglycerin--Skin............. 0.2 Nltromethone....................... 100 1-Nltropropane..................... 23 2-Nltronropane..................... . 2ft Nltrotoluene--8kln.............. . 6 NUmtiichloromethane, see Chloroplcrln................................................. Octachtoronaphthalena-Skin....................... Octane........................................ 600 Oil mist, mineral............................................ Osmium telroxlde............................................ Oxalic arid........................................................ Oxygen diltaorlde........................ a 06 Ocone............................................ a1 Paraquat--Skin................................................ ParaUtkm--Skin............................................... Pentaborane................................ 0.005 Pentachloronaphthalene--Skin...................... Pentachlorophenol--8k in............................... Pentane...................................... 1,000 2*Pentanone................................. 200 Perchloromethyl mercaptan.... 0.1 Perchloryl fluoride...................... 3 Petroleum distillates (naphtha). 500 Phenol--Skin......................... 6 p-Phenytene diamine--Skin........................... Phenyl ether (repor).................. 1 Phenyl ether-biphenyl mixture (xrepor)........................ I Phenylethytene, see Styrene.......................... . PhenylgLyctdylether(PQE)... 10 Phenylhydnulne--Skin............. 6 Phosdrtn (Mevtnphos $ )-- Skin................................................................ Phongene (carbonyl chloride)... Phosphine.................................... a1 a5 Phosphoric acid......... .................................. Phosphorus (yellow)........................................ Phosphorus pentachlortda.............................. Phosphorus pentasutflde................................. Phosphorus trichloride............... a6 Phthelte anhydride.................... 2 Plcrtc add--8kln.............................................. Plea) <9 (5-PteaiyH,5- Indandlone)................................................. Platinum (Soluble 8dta) as 405 80 80 120 1,000 2.00ft 470 460 2ft0 28 100 0.05 20 410 5 15 9 0.3-1 70 400 50 a 007 i 0.6 6 50 6ft 1 310 9 29 2 250 90 90 30 0.1 2,550 5 a 002 l 0. I 0.2 0.5 ai i 0.01 a6 as 2,950 701) as 13.6 2,000 10 0.1 7 60 22 ai a4 a4 l ai i i 3 12 ai ai dusts, as Rh............................. Soluble salts......................... Ronnel................................... Rotcnoue (commeretail.. Selenium connvuinds (asf.*. Selenium hexafluoride................ Sllrer, metal and soluble, com pound*. Sodium fluoroacvtjite (h*m -- Skin...................... Sodium hydroxide......... fillblne........... ... ........ o. i Stoddard solvent. . Strychnine .. .. . .. St Sulfur dioxide.................. Sulfur hexafluoride.............. 1. (A( Sulfuric arid . Sulfur wouochloride. . \ Si.lfnr p'Htrtfluor|de. SuJfuryl fluoride.. Systox, see IVmeton 2.4..IT..................... Tantalum.............. T EDI*-Skin.. Tellurium.............. Tellurian: ltex.ifluoride. .. TEPP--Skin............... C Terphenyls l.l.l.iTetrachloro-'.^^-diftui-r*-- ethane__ ... 1.1.2.2-Tcfrachlorod.2-dtflti.iro ethane____ 1.1.7.2-Tetrarhloroethane -Skin VMft Tetrachkrocthy!ciu\ s**1 ,,-r- chlornethylene........ Tctrachlocomethaue. see Carbon tetrachloride .. Tetrachloronaphthalene Skin . Tetraethyl lend (as Pl>) Skin.. Tetmhydrofuran. Jttl Ti tramcthyl lead (aa l b) - Skin.................................. Tetrainethyl succinoiillrile Skin.................................. 05 Tetranltromethane.. .. 1 Tetryl (2.4,6*trinifropl:enyl- methylnltramlnei - Skin__ Thallium (soluble com- pounds)--Skin as Tl............ Thlram.. ,,..................... Tin (inorganic empds- except oxides.................................. .... Tin (organic empdsi... . C T<iluene-2,4-dilsocyanate........ o-Toluldlne- Skin............ Toiaphene, see Chlorinated cansphene............ Trtbutyl phosphate... 1.1,t-Trfcnloroct hone see Met hy 1 ch loroform.. 1.1.2- Triclloroethane -Skin. ... bJ Titanlumdioxlde........................................ Trichloromethsne, see (.'hluco- form.......... ............................................... Trkbloronapbthalene - Skin.................... 1.2.3-TrirhUiropropane.............. .vi 1,1,2-Trlchloro 1.2,2-lrifluoro- ethane.................... ................... 1 txn Trtethylamlne........................... 23 Trlfluoromonobromoniethane... 1, out* 2,4,6-Trinltropheuol. see Plerk odd............................... ................. 2,4,a-TrtnltroptiMiylmethy]- uitramine, see Tetryl............... Trinitrotoluene - Skin................................ Triorthocrcsyl phosphate.. . .. . Triphenyl phosphate................................. Turpentine................................... 100 Uranium (soluble compounds)............. Uranium (iasotuble compounds)............ C Vanadium: ViOt dust............................................ VtOt fuma................................................ Vinyl beitaene, see Styrene................... Vlnylcyanlde, see Acrylonttriie................ Vinyl toluene........................... -bio Warfarin................... .*................................. Xylene (xylol)............................ inn Xylldlne--Skin........................... 5 Yttrium...................................................... Zinc chloride fume.................... ................ Zinc oxide fume.......................................... Zirconium compounds (as Zr).................. 01 1((1I. <*)! ft 02 04 0 01 . 05 o ft 2. VM o 15 It (`.OoO t r 2O0. 2ft 1f0t , i A I o. 2 O. Oft 4. 170 4. ITO O 071 v*\ 1 ft 0l 4ft 1ft ft 300 7, fiflO 100 6, iuO 0I flt 3 MO 0. 0ft 0.25 0.5 0.1 43ft 25 1 6 5 Pt................................................................... Proporgyl alcohol--Skin............. 1 Propane........ .......................... .. n-Propyl acetate..................... Propyl alcohol...................... . n-Propyl nitrate.................... Propylene dlchlortde............. Propylene Imltte- Skin......... Propylene oxide..................... 1,000 200 200 25 76 2 100 Propyne, see Methylncetylettt Pyrethrum.............................. I Pyridine.................................. 6 Quinone..:................................... a! 0.002 1970 Addition. 1,800 840 500 no 36f0t 240 ft 1ft 0.4 * Parts cl vapor or gas per million parts of roniandnated air by volume at 25 <\ and 7Go u>in. Ifg pressure. | * Approximate milligrams of particulate per ruble meter of air. I (No footnote *V* Is used lo avoid ronfurion with celling value iiotafluns.) * An atmospheric rnncentnthm of ml more than b.02 p.p.m., or personal protection mnv I* necessary to avoid headache * As sampled hy method that des not collect vf**r. f For control of general room air. biologic monitoring Is essential for personnel control KDX-Skln......................................... . 1.5 (Vinyl ihlornlc ddeted ,il W I R [ ' l-l April 5. I974| 6-12-75 Copyright C 1975 by The Bureou of Notional Affair,. Inc. ts*c. 1910.100 ABS-012375 LAM 030320 31:8304 REFERENCE FILE Table Z-2 (c) Methods of compliance--<l) En~ gtneering methods. (1) Engineering con Acceptable maximum pet^ abore trols. Engineering controls, such as. but Material S-hour time weighted arerace Acceptable the acceptable celling concentre- celling Oon for an Ahour (MR. concentration --------------------------------------------- Concentration Meibntun duration not limited to. isolation, enclosure, ex haust ventilation, and dust collection, shall be used to meet the exposure limits prescribed In paragraph <b> of this Be-eene<Z*7.4-1W)................................. lOp.pun............24 p.p.m............. Wp.pjn............. 10minuter. denrUlum and beryllium oompoonda iptJH*5eg./M*_.......................... 24#g./M<............. Mmlnutaa. (Z47.2V-1970). Cadmium fume (ZJ7.4-1970)------------------ 0.1 vaeJW------- Imf./M*.---------------------------Cadmium duet (ZJ7.4-1070).......................O.JmfVK*...........0.mg./M..................................... Carbon disulfide (ZI7.4-106R)....................30p.p.m.............aOp.p.m............. lOOp.p.m............ Do. Carbon tetrachloride (ZS7.17-I907).............lOp.pjn............. 24p.pjn..............JOOp.pun............4 minutes In an? 4 hours. Ethylene dlbromlde (ZS7JI-1070)..............JOp.pjn............. I0p.p.m............. 40 p.p.m............. 4 minutes. Ethylene dtchlortde (Z17.31-1000).............. 40 p.pm............lOOp.pjn............ 2U0 p.p.m........... 4 minutes In any S hours. Fonnaldehyda (Z17.I4-1067)......................I p.p.m...............Op.pjn............... lOp.p.m...............U minutes. Hydrogen fluoride (ZJ7.24-1949)--......... ........ do---------- ------- -............. --.......--.......... ---Fluoride as dust (Z17.3S-1M4)................... JAmgJM*................................................................. Lead and Its Inorganic compounds (Z47.11- 0.3 mgVM*..................... .......................................... M1eMth9y)l eWorld# (Z37.15-1M0).................... lOOp.pjn......... 200 p.p.m............. 900 p.p.m........... 8 minutes In any 9 boor*. Methylene Chloride (Z97J-I9O0)............... 600p.p.m......... 1,000 p.p.m.......... 2,000 p.p.m....... 6 meinnuyte2shloaurs. section. (11) Local exhaust ventilation, (a) Local exhaust ventilation and dust col lection systems shall be designed, con structed. Installed, and maintained In accordance with the American National Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems, ANSI Z9.2-1971, which Is In corporated by reference herein. (b) See 9 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 Oneno (alkyl) mercury (M7JO-1069)........aoi mg./M K.. 0.04 me-M .............. ....................... ... . Strrvte (Z97.15-I990)................................. lOOp.pjn...... 200p.pjn...............900 p.p.m........... 6 minutes In any 9 hours. given In 9 1910.100. (ill) Particular tools. All hand-op Trichloroethylene (ZS7.10-1997)........................ do....................do................... 900 p.p.m..........5 minutes In any 2 hours. Teirechloroethyteoe (Z37J2-I997)....................do................... do.......................... do............... 6 minutes In any 9 hours. Toluene (Z97.12-I967)................................ 200p.pjn...... M0p<pjn............. 900p.p.m.... Hydrogensulfide (ZI7.2-1M6)........................................... 20p.p.m...............fiOp.Pem......... 10 minutes, 10 minutes once only If no other measur able exposure occurs. Mercury (ZI7.S-9971)................................................................. lmg./10M. Chromic acid and chromates (Z97.7-1971)..................... ................ do1........ erated and power-operated tools which may produce or release asbestos fibers In excess of the exposure limits pre scribed in paragraph (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 (11) of this subparagraph. (2) Work practices--(1) Wet methods. Table 0-3--Mineral Dusts Substance Mppcf Mg/M* Aerodynamic diameter (unit density sphere) Percent passing selector Insofar as practicable, asbestos shall be handled, mixed, applied, removed, cut scored, or otherwise worked In a wet Bllka: Crystalline: Quarts (respirable).............. 2901 lOrng/M1 2 2.9 3.5 6.0 10 90 state sufficient to prevent the emission 79 of airborne fibers In excess of the ex 90 26 posure limits prescribed In paragraph 0 (b) of this section, unless the usefulness %SlOt+9 %8|Ot+2 Quarts (totaldust)................................ 30m*/M CristoballU: Use H the value calculated from the count or mass formulae for quarts. Tndymtte: Use K the value calculated from the for* muier for quartz. Amorphous, Including natural. dlatomaceous earth.................. %StO+2 20 mtg/Ma %6tO> The measurements under this note refer to the use of an ABC instrument. If the res|>irsble fraction of coal dust Is determined with a MRE the figure corresponding to that of 2.4 Mg/M1 in the table for cool dust Is 4.6 Mg/M*. fi 1910.1001 Asbestos. (a) Definitions. For the purpose of this section, (1) "Asbestos" Includes chrysotlle. amoslte, crocidolite, tremo lite, anthophylllte. and actlnollte. (2) "Asbestos libers" means asbestos of the product would be diminished thereby. (11) Particular products and opera tions. No asbestos cement, mortar, coat ing, grout, plaster, or similar material containing asbestos shall be removed from bags, cartons, or other containers in which they are shipped, without being either wetted, or enclosed, or ventilated so as to prevent effectively the release of airborne asbestos fibers in excess of the Silicates (less than tftTcrya* lalline silica). Mica............................................... Soapstone.............................. Talc (non-asbestos 4orm) . 20 20 20* Talc (fibrous). Use asbestos limit................................ Tremolite (see talc, fibrous) Portland cement.......................... 90 Graphite (natural).................. 15 Coal dust (respirable fraclloo less than 5% SlOil..................................... 2.4rag/Ma or For more than 9% 8IOj............................... lOmg/M* Inert or Nuisance Dust: Respirable fraction............... Total dust............................. %8IOr+2 19 6mg/Ma 90 15mg/Ma Note: Conversion factors-- mppe<XSS.9m(IUon particles per cubic meter -particles per ex. Million* of particles per cnble foot of air, based on Impinger samples counted hy light-field technics. * The percentage of crystalline silica in the formula Is the amount determined from air-borne samples, ex cept in those Instances In which other methods have been shown in be applicable. i As determined by the membrane filter method at 130Xphase contrast magnification. Roth concentration and percent quarts for the appli cation of (his limit are to be determined from the fraction passing a dze-jeleru* with the following characteristics: ` Containing < 1% quartz; if > I% quartz, use quarts limit. libers longer than 5 micrometers. (b) Permissible exposure to airborne concentrations of asbestos fibers--(1) Standard effective July 7, 1972. The 8-hour time-weighted average airborne concentrations of asbestos fibers to which any employee may be exposed shall not exceed five fibers, longer than 5 micrometers, per cubic centimeter of air, as determined by the method pre scribed In paragraph (e) of this section. (2) Standard effective July 1, 1976. The 8-hour time-weighted average air borne concentrations of asbestos fibers to which any employee may be exposed shall not exceed two fibers, longer than S micrometers, per cubic centimeter of air, as determined by the method pre scribed In paragraph (e) of this section. (3) Ceiling concentration. No em ployee shall be exposed at any time to airborne concentrations of asbestos fibers in excess of 10 fibers, longer than 5 micrometers, per cubic centimeter of air, as determined by the method pre scribed in paragraph (e) of this section. limits prescribed in paragraph (b) of this section. (ill) Spraying, demolition, or removal. Employees engaged In the spraying of asbestos, the removal, or demolition of pipes, structures, or equipment covered or Insulated with asbestos, and In the removal or demolition of asbestos in sulation or coverings shall be provided with respiratory equipment in accord ance with paragraph (d)(2) (Hi) of this section and with special clothing in ac cordance with paragraph <d> <3'> of this section. (d) Personal protective equipment-- (1) Compliance with the exposure limits prescribed by paragraph <b> of this sec tion may not be achieved by the use of respirators or shift rotation of em ployees. except: (I) During the time period necessary to Install the engineering controls and to institute the work practices required by paragraph (c> of this section: (II) In work situations In which the methods prescribed In paragraph ic' of ABS-012376 Occupational Safety & Health Reporter [Sec. 1910.1001(d)(1Hii)l 62 LAM 030321 TOXIC SUBSTANCES SBH 31:8305 this section are either technically not the safety or health of the employee or <ii` Sampling frequency and patterns. feasible or feasible to an extent Insuffi other employees will be Impaired by his After the initial determinations required cient to reduce the airborne concentra use of a respirator. Such employee shall by subparagraph < 1 > of this paragraph, tions of asbestos fibers below the limits be rotated to another job or given the samples shall be of such frequency and prescribed by paragraph (b) of this section: or opportunity to transfer to a different po sition whose duties he is able to perform pattern as to represent with reasonable accuracy the levels of exposure of em fill) In emergencies. with the same employer, in the same geo ployees. In no case shall the sampling be Uv) Where both respirators and per graphical area and with the same senior done at intervals greater than 6 months sonnel rotation are allowed by subdivi ity, status, and rate of pay he had just for employees whose exposure to asbestos sions (i), (11), or (ill) of this subpara prior to such transfer, if such a different may reasonably be foreseen to exceed graph. and both are practicable, person nel rotation shall be preferred and used. (2) Where a respirator Is permitted by subparagraph (1) of this paragraph. It 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, under the provisions of 30 CFR Part IX (37 F.R. 6244, Mar. 29. 1972), and shall be used In accordance with subdivisions (1), (11), (111), and (lv) of this subparagraph. (1) Air purifying respirators. A reusa ble or single use air purifying respirator, or a respirator described In subdivision til) or (iii) 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 this section, when the ceiling or the 8-hour time-weighted aver age airborne concentrations of asbestos fibers are reasonably expected to exceed no more than 10 times those limits. <li) Powered air purifying respirators. A full facepiece powered air purifying respirator, or a powered air purifying respirator, or a respirator described in subdivision (ill) 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 paragraph (b) of this section, when the ceiling or the 8-hour time- weighted average concentrations of asbestos fibers are reasonably expected to exceed 10 times, but not 100 times, those limits. (hi) Type "C" supplied-cdr respirators, continuous, flow or pressure-demand class. A type "C" continuous flow or pres sure-demand, supplled-air respirator shall be used to reduce the concentra tions of airborne asbestos fibers in the respirator below the exposure limits pre scribed in paragraph (b) of this section, when the celling or the 8-hour time- position Is available. (3) Special clothing: 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 section. (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 paragraph (b) of this section, the em ployer shall provide change rooms for employees working regularly at the place. (11) Clothes lockers: The employer shall provide two separate lockers or con tainers tor each employee, so separated or isolated as to prevent contamination of the employee's street clothes from his work clothes. (iii) Laundering: (a) Laundering of asbestos contaminated clothing shall be done so as to prevent the release of air borne asbestos fibers in excess of the ex posure limits prescribed in paragraph (b) of this section. (bf Any employer who gives asbestoscontaminated clothing to another person for laundering shall Inform such person of the requirement in (a) of this.subdi vision to effectively prevent the release of airborne asbestos fibers in excess of the exposure limits prescribed In para graph (b) of this section. (c) Contaminated clothing shall be transported in sealed Impermeable bags, or other closed, impermeable containers, and labeled In accordance with para graph (g) of this section. (e) Method of measurement. All de terminations of airborne concentrations of asbestos fibers shall be made by the membrane filter method at 400-490 x (magnification) (4 millimeter objective) with phase contrast illumination. (f) Monitoring--(1) Initial determi the limits prescribed by paragraph (b) of this section. (3) Environmental monitoring--(1) samples shall be collected from areas of a work environment which are represent ative 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 the 8hour time-weighted average airborne concentrations and of the ceiling con centrations of asbestos fibers. (il) Sampling frequency and patterns. After the initial determinations required by subparagraph (1 > of this paragraph, samples shall be of such frequency and pattern as to represent with reasonable accuracy the levels of exposure of the employees. In no case shall sampling be at intervals greater than 6 months for employees whose exposures to asbestos may reasonably be foreseen to exceed the exposure limits prescribed in para graph (b> of this section. (4) Employee observation a> monitor ing. Affected employees, or their rep 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 labels. <l> 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 ib) of this section. Signs shall he posted at such a distance from such a location so that an employee may read the signs and take necessary protective steps be fore entering the area marked by I he signs. Signs shall be posted at all ap proaches to areas containing excessive concentrations of airborne asbestos fibers. weighted average airborne concentra tions of asbestos fibers are reasonably expected to exceed 100 times those limits. (iv> Establishment of a respirator pro gram. (a) The employer shall establish nations. Within 6 months of the publi cation of this section, every employer shall cause every place of employment where asbestos fibers are released to be monitored in such a way as to determine (11) Sign specifications. The warning signs required by subdivision <l> of this subparagraph shall conform to the re quirements of 20" x 14" vertical format signs specified in 3 1910.145fd<4>, and a respirator program in accordance with whether every employee's exposure to to this subdivision. The signs shall dis the requirements of the American Na asbestos fibers is below the limits pre play the following legend in the lower tional Standards Practices for Respira scribed In paragraph (b> of this sec panel, with letter sizes and styles of a tory Protection, ANSI Z88.2-1969, which tion. If the limits are exceeded, the em visibility at least equal to that specified is incorporated by reference herein. b. See 91910.6 concerning the avail ability of ANSI Z88.2-1969 and the main tenance of an historic file In connection ployer shall Immediately undertake a compliance program in accordance with paragraph (c) of this section. (2) Personal monitoring--(I) Sam in this subdivision. Legend Asbestos ____________ No(afion I * Sans Serif. Gothic or therewith. The address of the American ples shall be collected from within the Block National Standards Institute Is given in 5 1910.100. <c) No employee shall be assigned to tasks requiring the use of respirators If. based upon his most recent examination, breathmg zone of the employees, on membrane filters of 0.8 micrometer po rosity mounted In an open-face filter holder. Samples shall be taken for the determination of the 8-hour time- Dust Hazard.............. Avoid Breathing Dust. . . Wear Assigned Protective Equipment. V Sans Serif. Gothic 'r Block ` Gothic ` Gothic. an examining physician determines that weighted average airborne concentra Do Not Remain In Area XA ' Gothic the employee will be unable to function tions and of the celling concentrations of Unless Your Work Re normally wearing a respirator, or that asbestos fibers. quires It. 6-12-75 Copyr ight G 1975 by The Bureau of Notional Affat fV |nc. (Sec. 1910.K ABS-012377 LAM 030322 31:8306 REFERENCE FILE Legend Notation <J> Medical examinations--(1) Gen Breathing Asbestoe Oust 14 point Gothic. eral. The employer shall provide or make May Be Hazardous To Tour Health. available at his cost, medical examina tions relative to exposure to asbestos re quired by this paragraph. Spacing between lines shall be at least (2) Preplacement. The employer shall equal to the height of the upper of any provide or make available to each of his two lines. employees, within 30 calendar days fol (2) Caution labels--(1) Labeling. Cau lowing his first employment in an tion labels shall be affixed to all raw occupation exposed to 'lrborne con materials, mixtures, scrap, waste, debris, centrations of asbestos fibers, a compre and other products containing asbestos hensive medical examination, which shall fibers, or to their containers, except that include, as a minimum, a chest roent no label is required where asbestos fibers genogram (posterior-anterior 14 x 17 have been modified by a bonding agent, Inches), a history to elicit symptom coating, binder, or other material so that atology of respiratory disease, and during any reasonably foreseeable use. pulmonary function tests to include handling, storage, disposal, processing, or forced vital capacity (FVC) and forced transportation, no airborne concentra expiratory volume at 1 second (FEV,..). tions of asbestos fibers in excess of the (3) Annual examinations. On or be exposure limits prescribed in paragraph fore January 31. 1973, and at least an tb> of this section will be released. nually thereafter, every employer shall <ii) Label specification*. The caution provide, or make available, comprehen labels required by subdivision (1) of this sive medical examinations to each of his subparagraph shall be printed in letters employees engaged in occupations ex of sufficient size and contrast as to be posed to airborne concentrations of as readily visible and legible. The label shall bestos fibers. Such annual examination state: shall Include, as a minimum, a chest CAOTtOM roentgenogram (posterior-anterior 14 x Contains Asbestos Fibers Avoid Creating Oust Breathing Asbestos Oust May Cause Serious Bodily Harm (h) Housekeeping--(1) Cleaning. All external surfaces in any place of employ ment shall be maintained free of accu 17 inches), a history to elicit symptom atology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced exoimtory volume at 1 second (FEV. ,,>. (4) Termination of employment. The employer shall provide, or make avail able, within 30 calendar days before or mulations of asbestos fibers if, with their after the termination of employment of dispersion, there would be an excessive any employee engaged in an occupation concentration. exposed to airborne concentrations of <2) Waste disposal. Asbestos waste, asbestos fibers, a comprehensive medical scrap, debris, bags, containers, equip examination which shall include, as a ment, and asbestos-contaminated cloth minimum, a chest roentgenogram (pos ing, consigned for disposal, which may terior-anterior 14 x 17 Inches), a history produce In any reasonably foreseeable ito elicit symptomatology of respiratory use, handling, storage, processing, dis disease, and pulmonary function tests posal, or transportation airborne concen to include forced vital capacity (FVC) trations of asbestos fibers in excess of the and forced expiratory volume at 1 second exposure limits prescribed in paragraph (FEV,..). (b> of this section shall be collected and disposed of in sealed impermeable bags, r other closed. Impermeable containers. (U Recordkeeping--(X) Exposure rec ords. Every employer shall maintain rec ords of any personal or environmental (3) Recent examinations. No 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. monitoring required by this section. Rec (8) Medical records--(1) Mainte ords shall be maintained for a period of nance. Employers of employees examined at least 3 years and shall be made avail pirsuant to this paragraph shall cause able upon request to the Assistant Secre to be maintained complete and accurate tary of Labor for Occupational Safety records of all such medical examina and Health, the Director of the National tions. Records shall be retained by Institute for Occupational Safety and employers for at least 20 years. Health, and to authorized representa tives of either. (2) Employee access. Every employee and former employee shall have reason able access to any record required to be maintained by subparagraph (1) of this paragraph, which indicates the em ployee's own exposure to asbestos fibers. (3) Employee notification. Any em ployee found to have been exposed at any time to airborne concentrations of asbes (il) Access. The contents of the rec ords of the medical examinations required by this paragraph shall be made available, for Inspection and copying, to the Assistant Secretary of Labor lor Occupational Safety and Healtii. the Director of NIOSH. to authorized phy:.;cians and meoical consultant:- oi tuner of them. and. upon the recit:of a:i em ployee c.r turmer employee, to his physi cian. Any physician who conducts a tos fibers In excess of the limits pre scribed in paragraph tbt of this section shall be notified in writing of the expo sure as soon as practicable but not later than 5 days of the finding. The employee shall also be timely notified of the cor rective action being taken. uitdical examination required l:y tilts paragraph shall furnish to the employer of the examined employee all the infor mation specifically required by this paragraph, and any other medical In formation related to occupational ex posure to asbestos fibers. 1910.1002 Coal tar pitch volatile*; in terpretation of terra. As used in See. 1910.1000 (Table i-i. i.ul tar pitch volatiles Include the fused poly cyclic hydrocarbons which volatilize from the distillation residues of coal, petroleum, wood, and other organic mat ter. | .17 l-'R 24749 I'lTcilive Novmilvi 21. I'*72| (Editor's Note: lor ihc l.illi.uin; cai.iiiogens' standards, medical cvaimiiaiion |>n>ti sions were remanded by the Hurd <ir. nil Court of Appeals. Provisions reeurdine re search laboratories were vacated by the court. | (910.1003 4-Nitrobiphenyl. (a) Scope and application. (1) This section applies to any area in which 4-Nitrobiphenyl, Chemical Abstracts Service Registry Number 92933 is manu factured, processed, repackaged, re leased, handled, or stored, but shall not apply to transshipment In sealed con tainers. except for the labeling require ments under paragraphs (e)(2), (3). and (4) of this section. (2) This section shall not apply to solid or liquid mixtures containing less than 0.1 percent by weight or volume of 4-Nitrobiphenyl. (b) Definitions. For the purposes of this section: (1) "Absolute filter'' is one capable of retaining 99.97 percent of a mono disperse aerosol of 0.3 pm particles. (2) "Authorized employee'' means an employee whose duties require him to be in the regulated area and who has been specifically assigned by the employer. (3) "Clean change room" means a room where employees put on clean clothing and/or protective equipment in an environment free of 4-Nttroblphenyl. The clean change room shall be con tiguous to and have an entry from a shower room, when the shower room facilities, are otherwise required in tilts section. (4> "Closed system" means an opera tion Involving 4-Nitroblphenyl where containment prevents the release of 4Nltroblphenyl into regulated areas, nonregulated areas, or the external environ ment. (5) "Decontamination" means the in activation of 4-Nitroblphenyl or its safe disposal. (6) "Director" means the Director. National Institute for Occupational Safety ahd Health, or any person di rected by him or the Secretary of Health, Education, and Welfare to set for the Director. (7) "Disposal" means the safe re moval of 4-Nitroblphenyl from the work environment. (8) "Emergency" means an unforseen circumstance or set of circumstances re sulting In the release of 4-Nitroblphenyl which may result In exposure to or con tact with 4-Nltroblphenyl. (9) "External environment1' means any environment external to regulated and nonregulated areas. (10) "Isolated system" means a fully enclosed structure other than the vessel of containment of 4-Nitrobiphenyl, which is Impervious to the passage of 4Nltroblphenyl. and which would prevent Occupational Sofety & Haalth Reporter (Sec. i9io.ioo3(b)(ioil abs-012378 LAM 030323 23,976 Decisions "- OSHRC Judge's decisions become final if review not directed within JO days of ling. For further action, if any, see Case Table at f 7995. Discussion The Board has previously held "* * * that Congress did not intend that * * * a civil penalty (be) assessed where compliance with a mandatory health or safety standard is impossible due to unavailability of equip ment, materials, or qualified technicians." Buffalo Mining Company, 2 IBMA 226, 259, 80 I. D. 630, 644, 1973-1974 OSHD par. 16,618 (1973). This principle was applied in Associated Drilling, Inc., 3 IBMA 164, 81 I. D. 285. 1973-1974 OSHD par. 17,813 (1974), and again in Itmann Coal Company, supra at 62, 82 I. I). 96 (1975). In each of these penalty cases, the record indicated that the required material was unavailable to the mining industry in general. The Judge concluded in this case that the telephone instrument was unavailable based solely upon the fact that it was on order. There is a singular lack of evidence show ing when it was ordered, general availability in the market, or any effort by the operator to obtain the instrument other than by placing the order. There is no evidence whatsoever in this record to support the finding that the operator had not received the equipment "because of factors beyond his control." As stated by MESA in its brief: * * * To excuse an operator because required materials have been ordered but not delivered--where such materials are available--is to excuse an operator from its obligation to keep replacement ma terials on hand or to have them imme diately available so as to maintain a con tinuance of the high degree of safety compliance which the law establishes. * * * (Brief, p. 3). The defense of unavailability as set out in Buffalo is predicated upon a finding in the record of either the nonmanufacture of the equipment or its unavailability or scarcity in the market in general. This principle was applied in Lucas Coal Company, ct al3 IBMA 258, 268, 81 I. D. 430, 1973-1974 OSHD par. 18,226 (1974), in which the record evidence did not show that adequate backup alarms were unavailable. There we ruled that the operator had not borne his burden of proof and failed to show by a preponderance of the evidence that the alarms were unavailable on the market In the instant proceeding, the record is devoid of any evidence which indicates at the time of the issuance of the Notice cither the general unavailability on the market, or scarcity, of telephone instruments. (1) Accordingly, we conclude that the fact that the telephone instrument was on order, standing alone, is insufficient evidence upon which to base a conclusion of un availability. Since Robbins was found to be in default, the Board assumes and finds that the subject violation did occur. 43 CFR 4.544(a). In lieu of a remand, the Board may make the required findings of fact to coincide with the record evidence regarding any of . the six criteria of section 109(a). Buffalo Mining Company, supra at 230. Accordingly, the Board finds that: (1) Robbins employs 20 persons with a production of 40 tons oi coal daily and 8,000 tons annually; (2) the his tory of its previous violations is insubstan tial; (3) its ability to stay in business will not be affected by the civil penalties assessed; and (4) it exhibited good faith in abating the violation. We further find that Robbins was not negligent as its knowledge and at tempted abatement of the violation were manifest in its ordering the requisite tele phone prior to the issuance of the Notice and that the violation was nonserious since the only working section affected thereby was located 5 minutes from the surface. Based upon the foregoing findings, we con clude that an appropriate penalty assessment for such violation is $50. Order Wherefore, pursuant to the authority dele gated to the Board by the Secretary of the Interior (43 CFR 4.1(4)), it is hereby ordered that the Judge's decision and order vacating Notice of Violation No. 3 FJ, October 30, 1973, in the above-captioned case is reversed; that said notice is rein stated; and that Robbins Coal Company pay a civil penalty in the amount of $50 within 30 days from the date of this decision. [? 20,163] GAF Corp. and United Engineers & Constructors, Inc. Text of Review Commission's DecIsiotw!ate(r"Rovember 14, 1975. OSHRC Docket Nos. 3203, 4008 and 7355. The Judge's Decisions at 3203 and 4008 appear at $ 18,289 and ff 18,318, 1973-1974 OSHD (GAF Corp.). The Decision at 7355 appears at ff 19,138, 1974-1975 OSHD (United Engineers & Constructors, Inc.). < Ail'd tub aom. Lucas Coal Company, et ai. o. Interior Board of Mine Operations Appeal*, -- F. 2d -- (3rd Clr. August 29. 1973). 1 20,163 1975, Commerce Clearing House. Inc ABS-012379 LAM 030324 M7 12-2-7J 1975--1976 OSHD 23,977 OSHRC Judge's decisions become final if review not directed within 30 days of Sting. For further action, if any, see Case Table at f 7995. Asbestos Exposure--Medical Examination Requirements--When Applicable. Section 1910.93a(j) requires employers to furnish medical examinations for all employees engaged in occupations exposed to any airborne concentrations of asbestos fibers, a majority of the Review Commissioners held. The employers argued unsuccessfully that the examination requirements should not be triggered until the concentrations met or exceeded the per missible levels established by 1910.93a(b). On the contrary, the Judges properly deter mined that there is no threshold exposure level in the standard s requirement for examination of employees exposed to the fibers. Since several of the provisions of 1910.93a expressly refer back to the permissible level of 8 1910.93a(b), if such a cross reference were intended for 1910.93a(j) it would have been so worded. The employers maintained that NIOSH intended the examinations to be triggered only at a threshold level exposure. Although the proposed NIOSH standard contained a triggering level, it was TWA exposures above 1 fiber/cc or peak exposures above 5--half that of the Institute's recommended maximum permissible exposure level and not comparable to the final standard's $ 19l0.93a(b) permissible level of 5 fibers TWA. In anv case, the NIOSH recommendation was merely advisory and the Secretary chose not to follow the threshold level suggestion with regard to examination. There is substantial uncertainty among scientific authorities as to exactly what levels of prolonged exposure to the carcinogen are fatally hazardous, lending force to the conclusion that the examination requirements were deliberately intended to cover employees exposed to asbestos in any degree at alL Back reference: 8 7602.3. Hugh P. Francis and McNeil Stokes for the employer. Marshall H. Harris, T. A. Housh, Jr. and Francis V. LaRuffa for the Secretary. [Text of Review Commission's Decision] Before Barnako, Chairman; Moran and Cleary, Commissioners. Cleary, Commissioner: These consolidated cases invojve a single common issue, the interpretation of the standard at 29 CFR 1910.93a(i) [herein after referred to as 1910.93a(j)J.1 Specifi cally, we are asked to decide whether 1910.93a(j) requires respondents to fur nish, or make available at their cost, medi cal examinations for all employees engaged in occupations exposed to any airborne concentrations of asbestos fibers or only for employees engaged in occupations ex posed to concentrations that exceed the maximum permissible exposure levels set forth in 29 CFR 1910.93a(b) [hereinafter 1910.93a(b) ]. I. Administrative Law Judgei decisions A. GAF Corf., No. 3203 GAF Corporation, Floor Products Divi sion (GAF-FPD), was issued a citation alleging an other than serious violation of section 5(a)(2) of the Occupational Safety and Health Act of 1970, 29 U. S. C. 6S1 et seq., [hereinafter referred to as "the Act''] for failing to comply with 1910.93a (j)(l). A penalty of $40 was proposed, by the Secretary for this alleged violation. GAF-FPD timely contested the citation and notification of proposed penalty. The citation and notification of proposed penalty were issued following an inspection of GAF-FPD's Whitehall, Pennsylvania, plant on April 26, 1973, by authorized rep resentatives of the Secretary. At the White hall plant, GAF-FPD employs approximately 456 production and maintenance employees who are represented by Local 691, United Paperworkers International Union, AFLCTO. Local 691, the authorized employee representative, participated as a party in proceedings before the Commission. In lieu of a hearing, the parties submitted a stipulation of facts and briefs to Judge Henry K. Osterman for a decision. On July 18, 1974, Judge Osterman issued his decision affirming the citation and proposed penalty. As to the construction of. S 1910. 93a(j),* the Judge concluded: An employer who is engaged in com merce is required to comply with the provisions of 29 CFR 8 1910.93a(j) with respect to its employees who are engaged in occupations exposed to airborne con centrations of asbestos fibers whether or not the concentration of airborne fibers meets or exceeds the permissible levels established by 29 CFR $ I9l0.93a(b). GAF-FPD took exception to this construc tion and petitioned the full Commission for review* of the decision. The petition was granted and review of the decision was ordered on August 19, 1974, pursuant to section 12(j) of the Act on the issue of the Judge's construction of 1910.93a(j). > The text of this and other applicable stand- ards Is set forth In Section in. infra. Although the citation and complaint alleged a failure to comply with I 1910.93a(J)(l), they were amended on motion ot the Secretary to allege a failure to comply with I 1910.93a(J). Employment Safety and Health Guide I 20,163 ARS-niooo/t LAM 030325 23,978 Decisions * >-* OSHRC Judge's decisions become Snal if review not directed within SO dsjs of filing. For further action, if any, see Case Table at fl 7995. B. GAF Corp. No. 4008 that the evidence established a failure to GAF Corporation, Building Products Di vision (GAF-BPD), was issued a citation alleging an other than serious violation for failing to comply with 1910.93a(j)(3). No penalty was proposed for this alleged vio lation. Thereafter, pursuant to section 10(c) of the Act, GAF-BPD filed a timely notice of contest. comply with 1910.93a(j)(2), (3) and (4) at the three cited work areas. In so ruling, he held that concentrations of airborne as bestos fibers in excess of the 19t0.93a(b) levels were not prerequisites to the medical examination requirements of 8 1910.93a(j). Rather, Judge Morris stated: The citation was issued following an in spection conducted in GAF-BPD's St. Louis, Missouri, plant by an industrial hygienist serving as an authorized representative of the Secretary. At this plant approximately 170 production, maintenance, and cleanup employees were affected by the alleged violation. In lieu of a hearing, a stipulation of facts and briefs was submitted to Judge Vernon Riehl for decision. On July 23, 1974, the The correct rule of law is the test of a reasonable man. . . . Would a reasonable man recognize a hazard to its employees warranting the preventative medicine approach? On this record this must clearly be answered affirmatively. Respondent was advised April 1972 by its own monitoring laboratory that cer tain job processes were "a health hazard-- per title 29 Labor--Part 1910--Occupa tional Safety and Health Standards." Judge issued a decision affirming the cita tion. Judge Riehl ruled, as did Judge Osterman in the GAF-FPD case, that an employer must comply with 1910.93(j)(3) regardless of whether the concentrations of airborne asbestos fibers to which em ployees are exposed exceed the permissible levels set forth in 1910.93a(b). Review of the Judge's decision was di rected on August 21, 1974, when GAFBPD's petition for discretionary review was granted, The sole issue on review, as in the GAF-FPD case, concerned 1910.93a (j) medical examination requirements. C. United Engineers & Constructors, Inc., No. 7355 Accordingly, in his decision dated Decem ber 11, 1974,* Judge Morris affirmed the citation and assessed no penalty. Chairman Moran directed review of the Judge's decision on January 2, 1975. Sub missions were invited on the following issue: Whether the occupational safety and health standard published at 29 C. F. R. 1910.93a(j) requiring medical examina tions for employees engaged in occupa tions involving the possibility of exposure to concentrations of asbestos fibers, re quires that such examinations be afforded employees exposed to The citation at issue in this case arose out of conditions allegedly existing during the construction of a nuclear power gener ating station in Salem County, New Jersey. Specifically, United Engineers & Construc tors, Inc. (UE & C) was alleged to have violated the Act by failing to comply with subparagraphs (2), (3) and (4) of 1910.93a (j) during its activities at the construction site. Employees of UE & C performing various functions at three specified work areas at the site were allegedly exposed to airborne concentrations of asbestos fibers and not provided with medical examina tions as the standard requires. A hearing was held before Judge John J. Morris following UE & C's filing of a notice of contest. Judge Morris found that employees in the three cited work areas were exposed to airborne concentrations of asbestos fibers that did not necessarily exceed the permissible levels set forth in 1910.93a(h). Nevertheless, the Judge ruled (1) any trace of asbestos fibers at all, or (2) only a level of asbestos fibers ap proaching or exceeding the per missible exposure level specified in 29 C. F. R. 8 1910.93a(b). II. Consolidations On September 5, 1974, the Secretary moved to consolidate the GAF-FPD and GAFBPD cases for review purposes, noting the identity of issue and parties. This motion was granted on September 16, 1974. On January 7, 1975,' UE & C moved for review purposes to consolidate its case with the already consolidated GAF cases and Amoco Oil Co., No. 4804." This motion was granted as to the GAF cases but denied as to the Amoco Oil Co. case. 1 On December 18, 1974. Judge Morris filed an "errata sheet" correcting certain clerical errors In his December 11. 1974, decision. * The Judge's decision In Amoco Oil Co. was directed for review on June 17. 1974. While Amoco Oil Co. Involved the Interpretation of 19L0.93a(J), It also Involved other provisions of the asbestos standard. fl 20,163 1975, Commerce Clearing House, Inc. ABS-012381 lam 030326 r u-j-75 1975--1976 OSHD 23,979 OSHRC Judge's decisions become final ii review not directed within 30 days of Slings For further action, if any, see Case Table at f 7995. III.Relevont standards 1910.93a Asbestos. (a) Definitions. For the purpose of this section, (1) "Asbestos" includes chryso lite, amosite, crocidolite, tremolite, anthophyllite, and antinolite. (2) "Asbestos fibers" means asbestos fibers longer than S micrometers. (b) Permissible exposure to airborne con centrations of asbestos fibers--(1) Standard effective July 7, 1972. The 8-hour timeweighted average airborne concentrations of asbestos fibers to which any employee may be exposed shall not exceed five fibers, longer than 5 micrometers, per cubic centimeter of air, as determined by the method prescribed in paragraph (e) of this section. *** (j) Medical examinations--(1) General. The employer shall provide or make avail able at his cost, medical examinations relative to exposure to asbestos required by this paragraph. (2) Preplacement. The employer shall provide or make available to each of his employees, within 30 calendar days fol lowing his first employment in an occu pation 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 forced vital capacity (FVC) and forced expiratory volume at 1 second (FEVi). (3) Annual examinations. On or before January 31, 1973, and at least annually thereafter, every employer shall provide, or make available, comprehensive medical examinations to each of his employees en gaged in occupations exposed to airborne concentrations of asbestos fibers. Such an nual examination shall include, as a mini mum, a chest roentgenogram (posterioranterior 14 x 17 inches), a history to elicit symptomatology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEVw). (4) Termination of employment. The employer shall provide, or make available, 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 (posterior-anterior 14 x 17 inches), a history to elicit symp tomatology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expira tory volume at 1 second (FEV,,) (em phasis added). IV. Discussion In both the GAF-FPD case and the GAF-BPD ease, the parties stipulated that, while all of the occupations referred to in the citations were exposed to some level of airborne concentrations of asbestos fibers, these levels did not equal or exceed the levels of permissible exposure set forth in I9l0.93a(b)(l). Moreover, respondents in both cases admitted that they aid not pro vide medical examinations for their em ployees engaged in the cited occupations. Consequently, in both cases, the sole issue for determination is the interpretation of the phrase "exposed to airborne concentra tions of asbestos fibers" as it appears in 1910.93a(j)(2), (3) and (4). After a hearing in the UE 8c C case. Judge Morris found that the three occupa tions referred to in the citation were ex posed to airborne concentrations of asbestos fibers. He also found that the evidence did not establish1 that the levels of exposure exceeded those set forth in $ 19!0.93a(b)(l).` Inasmuch as the Judge found .that medical examinations were not provided, the issue to be resolved in that case is the same issue presented in the two GAF cases. We have reviewed the evidence in the UE 8c C case relating to exposure levels and the alleged absence of medical examinations and agree with the Judge's findings. Consequently, as in the GAF cases, the sole issue before the full Commission is the interpretation of 1910.93a(j). We have examined the arguments of the parties and have considered the entire record. For the reasons set forth below, we hold that 1910.93a(j) requires an em ployer to provide, or make available at his cost, medical examinations to employees en gaged in occupations that require exposure to concentrations of airborne asbestos even though the levels of exposure may not ex ceed those set forth in $ 1910.93a(b)(I). In enacting the Occupational Safety and Health Act of 1970,' Congress expressed grave concern over the alarming number of work-related deaths, injuries, and illnesses occurring in all sectors of the economy. See e. g., Section 2(b) of the Act; S. Rep. No. 91-1282, 91st Cong., 2d Sess. 2 (1970). While concern was expressed over the gen eral state of occupational safety and health, emphasis was placed oo studies of safety and health in particular industries. Occu In his derision. Judge Morris refers to the lt Is clear from his discussion, however, that permissible limits In 29 CFR 9 1910.93af2)(b>. he was referring to 9 1910.93a(b)(l). Employment Safety and Health Guide f 20,163 ABS-012382 LAM 030327 23,980 Decisions 7,7 \t-t-7t OSHRC Judge's decisions become Una! ii review not directed within JO days of tiling. For further action, if any, see Case Table at ff 7995. pational exposure to asbestos was recog nized as an especially vexing problem. In deed, it was noted that: Asbestos is another material which con tinues to destroy the lives of workers. For 40 years it has been known that ex posure to asbestos caused the severe lung scarring called asbestosis. Nevertheless, as an eminent physician and researcher. Dr. Irving J. Selikoff, testified during the hearings on this bill: "It is depressing to report, in 1970 that the disease that we knew well 40 years ago is still with us just as if nothing was ever known." It has also since been found that manu facturing and construction workers ex posed to asbestos suffer disproportionately from pulmonary cancer and mesothelioma. Because nothing has been done about the hazards of asbestos, even after the asso ciation of asbestos and lung cancer was first reported in 1935, 20,000 out of the 50,000 workers who have since entered one asbestos trade alone--insulation work --are likely to die of asbestosis, lung cancer or mesothelioma. Nor is the poten tial hazard confined to these workers, since it is estimated that as many as 3.5 million workers are exposed to some ex tent to asbestos fibers, as are many more in the general population. .9. Rep. No. 91-1282, supra at 3. It is in light of this legislative background that we construe the remedial rules before us. We note that it is of paramount im portance that this Commission construe oc cupational safety and health standards so as to effectuate congressional objectives. ftremum v. OSHRC (r Gerosa, Inc., 491 F. 2d 1340, 1343 (2d Cir. 1974). Occupational safety and health standards should be con strued in favor of the workers whom the Act seeks to protect. Prineville Mouldings, Inc., No. 1045 (November 11, 1974) (Cleary, Commissioner, concurring). The thrust of respondents' primary con tention is that the phrase "exposed to air borne concentrations of asbestos fibers"4 is ambiguous. They argue that the term "con centration" implies a quantitative limitation. Moreover, it is urged that, in absence of a specific quantitative limitation within 1910.93a(j), the term _ "concentration" refers back to the permissible level of ex posure set forth in 1910.93a(b)(l). We reiect this contention for several rea sons. Contrary to respondent's _ position, we note that the term "concentration" does not necessarily imply a quantitative limita tion. The term "concentration'* may also denote a relative dispersion of particles in the air.' Moreover, it is a well settled prin ciple in the construction of writings that a single phrase should not be read in isolation. Common sense requires that a particular phrase be read in the context of the entire writing. Richards v. United States, 369 U. S. 1, 11 (1962); Mastro Plastics Corf. v. NLRB, 350 U. S. 270, 285 (1956), rek. denied, 351 U. S. 980 (1956). Applying this principle to 5 1910.93a, it is clear that the term "con centration" as it appears in S 1910.93a(j) is not ambiguous and does not refer back to 1910.93a(b)(l). Several of the provisions of $ 1910.93a expressly refer back to the permissible level of exposure set forth in $ 1910.93a(b),, For example, paragraph (g)(l)(i) of $ 1910.93arequires the posting of caution signs at locations "where airborne concentrations of asbestos fibers may be in excess of ex posure limits prescribed in paragraph (b) of this section." * It is reasonably clear, therefore, that viewing the asbestos standard as a whole, the term "concentration" in 1910.93a(j) does not refer bock to $ 1910,93a (b). Indeed, if such a cross reference were intended, it would likely be expressed as in the case of paragraph (g)(1) (i). In support of their contentions regarding the term "concentration," respondents cite the findings and proposals of the National Institute for Occupational Safety and Health (NIOSH) regarding an asbestos standard. It is argued that NIOSH intended the medical examination requirements to be trig- . gered only when a threshold level exposure was reached in a particular occupation. Respondents argue that this threshold value is that set forth in 1910.93a(b). We dis agree. It is true that the NIOSH recommenda tion for a medical examination requirement contained a "triggering level" of exposure to concentrations of airborne asbestos. NIOSH recommended medical examina tions in those occupations where there were "time-weighted average exposures above 1 fiber/cc or peak exposures above 5 fibers/ cc.''* The NIOSH recommendation for maximum permissible exposure levels was, however, a time-weighted, average exposure of 2 fibers/cc or peak exposures above 10 fibers/cc." It is clear from these recom mendations that different threshold exposure levels were attached to the maximum per missible exposure levels and medical exam ination requirements. Thus, respondents * 4 1910.93a(J>(2), (3) and (4). ' Webster'! Third New International Diction ary 469 (unabr. ed. 1971). * For other examuie*. see paragraphs (g)(2) (1) and (h)(2) ot 9 1910.93a. * NIOSH. Criteria for a Recommended Stand ard . . . Occupational Exposure to Asbestos at 1-3 (1972) (hereinafter referred to aa "NIOUH Criteria Document''). " Id. at M. II 20,163 1975, Commerce Clearing House, lac. ABS-012383 LAM 030328 * 237 12-2-75 1975--1976 OSHO 23,981 OSSRC Judge's decisions become Snal if review not directed within SO deft ot Sling. For further action, if any, see Case Table at f 7995. are incorrect when they contend that the NIOSH recommendation concerning medi cal examinations was intended to refer back to their recommendations concerning maxi mum permissible exposure levels. Moreover, the fact that NIOSH recom mended any threshold level of exposure does not necessarily mean that the standard as adopted by the Secretary of Labor incor porates a threshold value. On the contrary, NIOSH recommendations plainly have only advisory force. Indue. Union Dep't, AFL- CIO v. Hodgson. 499 F. 2d 467, 477 (D. C. Cir. 1974). They may or may not be fol lowed by the Secretary of 1-abor. In the case of the medical examination require ments the Secretary obviously chose not to follow the recommendation regarding thresh old levels of exposure. The recommended levels are absent from the text of 1910.93a (j).M The concept that compliance with por tions of the asbestos standard may be re quired regardless of whether impermissible concentrations have been detected is not novel to 19l0.93a(j). The Court of Ap peals for the District of Columbia, in Indus. Union Dep't, AFL-CIO v. Hodgson, supra at 482-483, held that certain specific control measures within the asbestos standard are applicable even though violations of $ 1910.- 93a(b) are not detected. , Respondents also argue that 1910.93a(j), when construed in light of sections 6(b)(5) and 6(b)(7) of the Act, requires medical examinations only when a threshold level of exposure to airborne asbestos fibers is exceeded. These sections, in pertinent part, provide: 6(b)(5) The Secretary, in promulgating stand ards dealing with toxic materials or harm ful physical agents under this subsection, shall set the standard which most ade quately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional ca pacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his working life. ... 6(b)(7) . . . (W|here appropriate, any such standard shall prescribe the type and frequency of medical examinations or other tests which shall be made available, by the employer or at his cost, to cm- u In support of their contention, respondents cite a memorandum directed to the former As sistant Secretary of Labor by Dr. Marcus Key, the Director of NIOSH. This memorandum sup ports respondents' position that there Is a thresh old triggering level Incorporated In the medical examination requirements. Employment Safety and Health Guide ployees exposed to such hazards in order to most effectively determine whether the health of such employees is adversely af fected by such exposure. In the event such medical examinations are in the nature of research, as determined by the Secretary of Health, Education, and Welfare, such examinations may be furnished at the expense of the Secretary of Health, Edu cation, and Welfare. The results of such examinations or tests shall be furnished only to the Secretary or the Secretary of Health, Education, and Welfare, and, at the request of the employee, to hii physi cian. The Secretary, m consultation with the Secretary of Health, Education, and Welfare, may by rule promulgated pur suant to section 553 of title 5, United States Code, make appropriate modifica tion in the foregoing requirements relating to the use of labels or other forms of warning; monitoring or measuring, and medical examinations, as may be war ranted by experience, information, or med ical or technological developments acquired subsequent to the promulgation of the relevant standard (emphasis added). It is argued that a "hazard,** within the meaning of these sections, exists only when levels of exposure exceed those set forth in 1910.93a(b). Thus, respondents maintain that we must construe 5 1910.93a(j) accord ingly. We do not. agree The "hazard" is the exposure to harmful materials and the purpose of a medical examination is to ascertain any adverse effects from this ex posure. There is no limitation restricting this to exposure at the level of .the standard, and we imply none. As noted above, NIOSH did not recom mend the position urged by respondents in their briefs that medical examinations be required only when exposure levels equal or exceed recommended maximum permis sible exposure levels. Rather, NIOSH rec ommended a "triggering level" for medical examinations that was less than the level recommended for maximum permissible em ployee exposure. On whether,a "hazard** exists warranting medical examinations in situations where employees are engaged in occupations ex posed to any airborne concentrations of asbestos fibers, we note that there is sub stantial uncertainty among scientific author ities as to exactly- what levels of prolonged exposure are detrimental to human life. This uncertainty is typified by NIOSH observations such as the following: We do not consider this memorandum as dispositive of the Issue before the Commission Inasmuch as we have concluded that the Secre tary has rejected this portion of the NIOSH recommendation. 120,163 LAM 030329 ABS'012384 23,982 Decisions 232 u-Ml OSHRC Judge's decisions become bnsi it review not directed within SO days ol biing. For iurther action, if any, see Case Table at tf 7995. Information is insufficient at this time to set an exposure standard (other than zero) which would assure prevention of mesothelioma in all workers, as the dis ease may occur following a very limited exposure 20-30 years earlier.*1 Thus, the effect after several decades of a one-time acute dose of limited duration which overwhelms the clearing mechan isms, and is retained in the lungs, may be as harmful as the cumulative effect of lower daily doses of exposure over many years of work.11 There is a lack of data to define with any degree of precision the threshold of development of neoplasms resulting from exposure to asbestos and the relationship of the latent period between exposure and development of neoplasms.** This uncertainty lends force to the conclusion that the Secretary promulgated 1910.93a(j) without reference to any threshold levels so as "to most effectively determine whether the health of such employees is adversely affected by such exposure." ** Respondents contend that if the Secre tary's interpretation of the standard is adopted, the medical examinations are in the nature of research and, therefore, must be furnished at the expense of the Secretary of Health, F.ducation, and Welfare, pursuant to section 6(b)(7) of the Act, We disagree. We consider 1910.93a(j) as a provision to monitor continually the health of employees who are exposed to asbestos fibers in order to determine if such employees show signs of asbestos related diseases. While such medical data may incidentally aid research purposes, it also serves to protect directly workers in asbestos-related occupations. Respondents contend that the Secretary of Labor's approval of the California State Plan provides a binding interpretation of 1910.93a(j) inasmuch as the State regula tions contain a medical examination provision comporting with the NIOSH recommenda tion. It is enough to have to note that at the time of the Secretary of Labor's approval of the State's inchoate plan, the plan did not contain any asbestos standard corres ponding to Subpart G of Part 19t0, and we are aware of no subsequent express approval of any state regulation as being "at least as effective as" 1910.93a. Finally, GAF-FPD and GAF-BPD argue that to find a failure to comply with 1910.93a(j) would violate due process. They argue that the standard as drafted did not give them adequate notice of what con duct was required.1* Both employers stipulated that the occu pations referred to in the respective citations were, by their nature, regularly exposed to airborne concentrations of asbestos fibers. By its plain wording S 1910.93a(j) apprises employers that they must provide medical examinations for all those employees en gaged in occupations exposed to airborne concentrations of asbestos fibers. Respond ents do not contend that the cited occupations were not exposed to such airborne concen trations. Rather, respondents argue that the standard might violate due process if applied to occupations other than those cited. Such an argument is purely speculative and not based on the concrete facts before this Commission. In short, we conclude on the rec ords before us that respondents were apprised' of the conduct required by $ 1910.93a(j). Inasmuch as medical examinations were not. provided to employees engaged in the dted occupations the citations must be affirmed. In the UE & C case. Judge Morris found that the evidence clearly showed that the occupations referred to in the citation were regularly exposed to airborne concentra tions of asbestos fibers. Nevertheless, in rejecting respondent's S 1910.93(b) argument he stated that the primer test to be applied was whether a reasonable man would recog nize a hazard warranting the preventive medicine approach. Application of this test was unnecessary. The evidence showed regular exposure to some concentrations of airborne asbestos in the cited occupations. The standard itself does not require the "reasonable man" or tort test used by the Judge. It clearly states that, if occupations are exposed to airborne concentrations of asbestos fibers, the employer is required to provide medical examinations for employees engaged in such occupations. VI. Order Accordingly, it is ordered that the Judges' orders in these consolidated cases are affirmed. Moran, Commissioner, Dissenting: The rule of this case is that whenever em ployees are exposed to any trace of asbestos --no matter how temporary or insignificant --their employer must furnish (and employees must undergo)--annual physical examina tions and tests as prescribed in $ 1910.93a(j). This will apply to a rather significant pro portion of the entire workforce of the United States. As noted by the United States Court of Appeals for the District of Columbia Circuit in Industrial Union De- u NIOSH Criteria Document at in-9. " Id. at V-3. * Id. at V-17. " Section 6(b)(7) of the Act M For my own part. I would add that this Commission does not have the authority to rule fl 20,163 on the constitutional validity of standards pro mulgated pursuant to section 6 of the Act. United States Steel Corp., Nos. 2973 A 1340 (November 14. 1974) (concurring opinion). 197S, Commerce Clearing House, Inc LAM 030330 ABS-012385 US 12-S-7S 1975--1976 OSHO 23,983 OSHRC Judge't decisions becotae Snal if review not directed within 30 days oi Sting, For further action, if any, aee Casa Table,at 1799S. partment, AFL-CIO v. Hodgson, 499 F. 2d proposed'sales. The major, difference is that 467,471 (D.CCir. 1974): the proposed rules required medical ex "[T]t is estimated that three to five aminations only for employees exposed to million workers are exposed to some ex tent to asbestos fibers in the building con struction and shipyard industries alone." concentrations exceeding the levels pro hibited in subparagraph (a) whereas the promulgated rules contain no such limita From this day forth, the Commission deci sion requires annual physicals for millions of employees who, this decision concedes, are not exposed to any hazard whatsoever. The consequences of this upon the- em ployees and employers of America will be astonishing. Its impact upon the medical profession--and even the economy--could be considerable. In my view, such a con tion. Additionally, the promulgated rules provide for examinations at particular times and specify what the examinations shall in clude, although the proposed rules did not contain these specifics. Furthermore, the' provisipq . in the. proposed rules that per mitted exposure to higher levels of con' cenlratjons for limited periods of time is not contained in the standards as promulgated. struction of the standard is utopian and When the Secretary of Labor promul clearly unreasonable. gates a standard under 29 U. S. C 655(b) Nevertheless, the preposterous nature of this ruling is outweighed by the blatant omission of the majority to give any con sideration at all to the validity of the regu he is required to publish the "proposed rule ... in the Federal Register^' (emphasis added) and to afford "interested persons" the opportunity to submit written oojections lation at issue in this case. In my view it was not subjected to public scrutiny and is, thereto and to participate in a public hear ing thereon. as a result, void because of improper promul gation. As promulgated on June 7, 1972, the relevant standards" provide for periodic medical examinations when employees are engaged in occupations which expose them "to airborne concentrations of asbestos fibers." However, these standards are considerably different from their forerunners which were published as proposed rules on Janaary 12, . 1972, and provided in pertinent part that: Since the standards as promulgated differ substantially from those that were originally proposed, they have not been published as proposed rules as required by 29 U. S. C. S 655(b). Therefore, a new rulemaking pro ceeding^! required before they can bit en forced in their present form. 'See Wagner Electric Corporatum.v. Volpe, 466 F. 2d 1013 (3d Cir. 1972). Moreover, many employers who read the limitations of`the'proposed "(a) 8-how time-weighted avenge. The rule would have no reason to participate in 8-hour time-weighted average airborne the rulemaking process if their operations concentration of asbestos dust to which employees are exposed shall, not exceed S fibers longer than S microns per milli liter. . . . Concentrations above 5 fibers per milliliter, but not to exceed 10 fibers per milliliter, may be permitted up to a total of IS minutes in an hour, but tor not more than 5 hours in an 8-hour day." "(g) Medical examinations. The employer would be unaffected. These people were effectively eliminated from participation as a result of the "trojan horse" manner in which this portion of the regulation was pushed through. Duo process requires that there be public scrutiny of the substance of the actual regulation under consideration. Nothing even approaching that was done here. shall provide, or make available at his cost, appropriate medical examinations on a periodic basis to any employee who is exposed to asbestos dust in excess of the limits specified in paragraph (a) oi this section." (Emphasis added.) I therefore conclude.that, contrary to con gressional intent, "interested persons"'have been denied the right of participating in the rulemaking process, and that the regula tion adopted had never been exposed to public scrutiny. 37 Fed. Reg. 467 and 468 (1972). It is my conclusion, therefore, that all It is immediately apparent that the rules citations for failure to observe this regula as promulgated differ substantially from the tion should be vacated. 37 Fed. Reg. 11330 and 11323 (1873). The complete texts ot these standards are quoted In the lead opinion. Employment Safety and Health Guide As contrasted with the Administrative Pro cedure Act which require* only a general notion of the content of a propoeed rule. 3 U. & C. IKMM. 1 20,163 ABS-012386 LAM 030331