Document jgbGvY9N2dryngkMjYbOJxk7Z

SEE ATTACHED LIST FEBRUARY 3, 1976 DEPARTMENT OF OCCUPATIONAL SAFETY & HEALTH OSHA REVIEW COMISSION CASE OF GAF CORPORATION & UNITED ENGINEERS & CONSTRUCTORS, INC. CONCERNING AIRBORNE ASBESTOS The OSHA Review Comlsslon has ruled (see attached cases printed In CCH at pages 23976 through 23984) the present asbestos standard to mean If airborne asbesto Is present at all (and theory the presence of any asbestos may become airborne at some time or other l.e. during Installation, maintenance or removal) medical examinations on employees required under the present asbestos standard must be Implemented, to wit: 1910.93a(j) has been reindexed to 1910.1001(j). 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, l.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. Smutberman 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. PLAINTIFF'S EXHIBIT SH-3653 ABS-012393 LAM 030338 -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. ORIGINAL SIGNED BY W. A. ROQUET WAR:dfg Attachment W. A. Roquet LAM 030339 ABS-012394 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. Gt. WILES PROFESSIONAL LIST MEDICAL DIRECTOR R. E. JOYNER, M.D. INDUSTRIAL HYGIENISTS F. M. PARKER III R. K. JONES H. J. MC DERMOTT C. F. PHILLIPS H. L. KUSNETZ D. P. ATWOOD J. RANSDELL WESTHOLLOW RESEARCH CENTER j. R. MILLER M. A. MUHS \I ABS-012395 LAM 030340 RULES AND REGULATIONS 2i<:Vir> 3amn the s. on Legend ut>alo. Notation --- 1" Sans Seri/. Gothic or Block. t po- Oust Hazard- -- 14" Sans Seri/. fllter >r the time- ntraons of Avoid Breathing Dust-- Wear Assigned Protective Equipment. 00 Not Remain In Area Gothic Block. "Gothic. >4" Gothic. t;" Gothic. or Unless Tour Work Re terns. quires It. Wired Uttathlng Asbestos Dust 14 point Gothic. ;raph. May Be Hazardous To y and Your Health. inable f etil ing be tonths bestos ixceed. h (b) Rpncing between lines shall be at least equal to the height of the upper of any t*o lines. (2) Caution labels--(1) Labeling. Cau tion labels shall be affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing asbestos g--(1) eas of esentons of h the implea. mw ted nbers. or to their containers, except that uo label Is required where asbestos fibers have been modified by a bonding agent, ..laung, binder, or other material so that during any reasonably foreseeable use, luuidling. storage, disposal, processing, or triwportation, no airborne concentra tions of asbestos fibers in excess of the s shi-4 ,,;io5ure limits prescribed in paragraph the 8- . , of this section will be released. rbome ip Label specifications. The caution ; con-. :.vi*U required by subdivision (i) of this f terns, quired .graphs cy add vuoparagraph shall be printed in letters u! Mifllcient size and contrast as to be readily visible and legible. The label shall UW Caution ionable of the ling be I Contains Asbestos Fibers Avoid Creating Dust tha for Urtalhlng Asbestos Dust May Cause sbestoe Serious BodUy Harm exceed i para- j ip Housekeeping--(1) Cleaning. All Mirmul surfaces in any place of employ- onitor-j ir rep,.; sonable I litorlng | ill have j mrnt shall be maintained free of accu mulations of asbestos fibers if. with their d 'irrsion, there would be an excessive onnitration. : Waste disposal. .Asbestos waste. er|i. debris, bags, containers, equip- )v i signs at each ,i.,-n!, and asbestos-contaminated cioth(-unsigned lor disposal, which may .iiiir** in any reasonably foreseeable ,,.< handling, storage, processing, dis- .rations' s of the agraph i posted ocatlo# I ie signs j eps b*. ... ai. or transportation airborne concen'raiixisof asbestos fibers In excess of the ..insure limits prescribed In paragraph s- of this section shall be collected and ..i**d of in sealed impermeable bags. ,.r other closed, impermeable containers. ,i fhvordJceepino--(1) Exposure rec- by the all ap- xcesslril isbested] ,,'l, Every employer shall maintain recv.tt of any personal or environmental xiaiitonng required by this section. Rec,.rd, .hail be maintained for a period of vaet 3 years and shall be made avail- vai ..nr u:>on request to the Assistant Secre- of i*> of Ubor for Occupational Safety the re*] uni Umith, the Director of the National format i .iuiu'.e lor Occupational Safety and 4i. and Mi-adh. luid to authorized representa- iall dit> i.T.iif 1-lUier. ie lower I ! Employee access. Every employee les of .ivi i(inner employee shall have reason- ;pectfled| rcis to any record required to be -..n.uim-d 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. (j) 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 his employees, within 30 calendar days fol lowing his first employment in an occupation exposed to r.lrbome 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 (FEVm). (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, os 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 (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. TTie 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 employe! of the examined employee all the infor mation specifically required by ;his 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 9 1910.93 (Table G-l >, 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. (Sec. 8(g), 84 Stat. 1800, 30 UH.C. 6S7) [37 FR 34749, Nov. 31.1972) 1910.93c 4-INilrobiplienyl. (a) Scope and application, (li 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 trans-shipment in sealed con tainers. except for the labeling require ments under paragraphs <e) 12 >, < 31, and i4) of this section. t2> This section shall not apply to solid or liquid mixtures containing less than 0.1 percent by weight c.r 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 m 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-Nitrobiphenyl 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-Nitroblphenyl where containment prevents the release of 4Nitrobiphenyl Into regulated areas, noilregulated areas, or the external environ ment. (5) "Decontamination" means the in activation of 4-Nltrobiphenyi or its safe disposal. (6) "Director" means the Direetoi. 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. (7t "Disposal" means the safe re moval of 4-Nltrobiphenvl from the work environment. (8) "Emergency" means an unforeseen circumstance or set of circumstances re sulting in the release of 4-Nitrobipl:cnyI FEDERAL REGISTER, VOL. 39. NO. 135--THURSDAY, iUNE 17. 1974 ABS-012396 LAM 030341 >18 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, 1975) Subpart Z--Toxk and Hazardous Substancas Sec.: 1910.1000 1910.1001 idio.1002 1910.1003 1910.1004 1910.1003 1910.1000 1910.1007 1910.1008 1910.1000 1910.1010 1910.1011 1910.1012 1910.1013 1910.1014 1910.1015 1910.1010 1910 1017 Air Contaminant*. Asbestos. 'CoaT't&r pitch volatiles; Interpre tation of term. 4-Nttroblphenyl. alpha-N aphthylamlne. 4,*' Methylene bis (2-chloroanl- llnei. Methyl chloromethyl ether. 3.3'--Dtohlorobenzldlne (and Its salts). bls-Chloromethyl ether. beta-Naphthylamlne. Benzidine. 4-Amtnodlphenyl. Ethylenelmlne. beta-Proplolactone. 2-Acetylamlnofluorene. 4-Dlmethytamlnoaeobenzene. N-NItrosodtmethyl amine. Vinyl chloride. g 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 tha follow ing paragraphs of this section. (a) Tabic Z-l; (1) Materials with names preceded bp "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, shall 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 ai 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 wort shift, an employee may be exposed to i concentration of Benzene above 25 p.pm (but never above 50 p.p.m.) only for i maximum period of 10 minutes. Such ex posure must be compensated by expo sures to concentrations less than 1C p.pm. so that the cumulative exposure for the entire 8-hour work shift does not exceed a weighted average of 10 p.p.m (c) Tabic Z-3 An employee's expo sure to any material listed In table 0-3 In any 8-hour work shift of a 40-houi w'ork week, shall not exceed the 8-houi time weighted average limit given foi that material in the tabic. (d) Computation formulae; (1) (i) The cumulative exposure for ar 8-hour work shift shall be computed a; follows: S--C.T.-f CiTm- . . . C*T- 8 where: E Is the equivalent exposure for the work ing shift. C Is the concentration during any perlo.. of time T where the concentration remsltu constant. T Is the duration in h.n.rr. of the exposure at the concentration C The value of E shall not exceed the 8liour time weighted average limit In table 6=12 75 ABS-012397 Copyright < 1975 by The Bureau of Notional Affairs, Inc. (Sec. 1910 lOOOIdll LAM 030342 69 31:8302 REFERENCE FILE Z-l. Z-2. or Z-3 lor the material in Table Z-1 - volved. (II > 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 1 (10 p.p.m. (tabic Z-l). Assume that an employee is subject to the following exposure: Two hours exposure at ISO p.pjn. Two hours exposure at 75 p.p.m. Pour hours exposure at 50 p.pjn. Acetaldehyde.............................. 200 Acetic acid................................... 10 Aorflc anhydride......................... 5 Acetone.. ........................ 1,000 Acetonitrile................................. 40 Acetylene dkhtorlde. tec 1. 2- Dtchlorocthylene..................................... Acetylene tetrabromide............. I Acrolein........ ............................... 0.1 Acrylamide-Hkln......... .......................... Acrylonitrile -Skin..................... 20 Aldrln--Skin................................. Substituting this information in the Ally! alcohol--Skin..................... formula, we have Allyl chloride............................ *C Allylslyddy) ether (AGE). l IP 2 X 160-1-7 X 75+4 X 50 -------------------------------------- =8125 p.pjn. 8 Since 81.25 p.pjn. is less than 100 p.pjn., 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 equivalent exposure as follows: C, C, Cm *-=--+--+ . . . -- L, L, U here: Em is the equivalent exposure for the mixture. C is the concentration of a particular con Allyl propyl disulfide................. 2-Atnlnoethanoi, see Ethanol- amine................................. . . 2* Am (nopyrldtne............. ........... 05 Ammonia... .......................... 00 Ammonium sulfainate (Ani mate) ........................................................... n-Amyl acetate........................... 100. sec-Amyl acetate.............. .*........ 125 Aniline--Skin.............................. 5 Anlsldine (o, p-isomers)--Skin..................... Antimony and compounds (as Sb)......................................................... ANTU (alpha naphthyl thiourea)..................................................... Arsenic and compounds (as As)................... Arsine........................................... 0.05 Ailnphoa-methyl--Rkln............................... Barium (soluble compounds)..................... rwHentoquInone, ace Qutnone....................... benzoyl peroxide....... .................................... Benzyl chloride........................... I Biphenyl, see Diphenyl............................... taminant. L Is the exposure Umlt 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 (1) of this subparagraph. consider the following exposures: Material Actual concentration o< Micnr exposure 8-hour time Weighted average exposure Umlt Acetone Table Z tt....... 500p.p.m... 1,000p.p.m. 2-Botanone(Table Z-l). 4Sp.pjn___ 200p.pjn. Toluene table Z-2)....... 40p.pjn____ 200p.pjn. Substituting In the formula, we have: 600 45 40 ' Em =----------1--------1------ 1.000 200 200 E_ =0 500+ 0226+0200 E =0225 Since E_ is less than unity (1), the expo sure combination is within acceptable limits. <e> To achieve compliance with para graph (a) through (d> of this section, administrative or engineering controls must first be determined and Imple mented whenever feasible. When such controls are not feasible to achieve full compliance, protective equipment or any 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 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. Blsphenol A. see Dlgiycldyl - ether.............................................................. Boron oxide...................................................... C Boron trlfluoride..................... 1 Bromine...................................... 0.1 Bromoform-- Skin....................... (X 5 Butadiene (1. 3-butadlene)........ 1,000 BuUnethtol. see Butyl mer captan ......................................... 2-Butanone.................................. 200 2-Rutoxy ethanol (Butyl Cel- losolee)--Rkln ........................ 50 Rutvl acetate (n-butyl acetate). 150 soc-Butyl acetate......................... 200 tert-Butyl acetate....................... Butyl alcohol............................... sec-Butyl alcohol........................ 200 too 100 tert-Bntyl alcohol ....................... 100 C Butylamlrte--Skln.................. 6 C tert-Butyl ehromate'fas CrO)--8ktn............................... n-Butyl flycldyl ether (BOR).. 50 Butyl mercaptan...................... 10 p-tert-Butyltoluene.................... 10 Calcium arsenate....................................... Calcium oxide........................................... Camphor................................. 2 Carharyl (Sorin .................................. Carbon black.............................. ............ Carbon dioxide........................... 6,000 Carbon monoxide....................... 50 Chlordone--Skin....................................... Chlorinated camphene--Skin................... Chlorinated diphenyl oxide___ Chlorine..................................... Chlorine dioxide......................... 0I .1 C Chlorine trlfluoride................ ai C Chloraaeetaldehyde............... i r-Ch loroaceto phe none (pbenacylchlortde).................. a o5 Chlorobenzene (monocbloro- bentene)................................... 75 0-Chlorobenxylldene malononitrlle (OCBM)........... ao6 Chlorobromomethane................ 200 2-Chloro-l.3-butadiene, see Chloroprene............................. Chlorodlphenyl (42 percent Chlorine)-Skin...................... Chlorodlphenyl (54 percent Chlorine)--Skin...................... 1-Chloro,2,3-cpnzypropan. see Bptchlorhydrln....................... 2-Chloroethanol. see Ethylene chlorohydtin............................ Chloroelhylene, see Vinyl chloride .................................. C Chloroform (trtchloro- methane)................................ 60 1 Chloro* 1-uitrnpropane........... ('hlornplcrin..................... ........ 20 ai Chloropren* (2>chloro*l,3* butadlenwl- Skill................ 25 me./M* * Tabic Substance 1 -("ontinueil p.prn. 20 2.100 70 14 0. 25 0.3 45 0.! 5 3 45 35 15 525 WO 10 0. 5 0.5 0.3 0.5 0.2 0.2 as 16 3 0.7 5 2,200 690 240 710 950 950 300 450 300 15 at 270 35 60 1 5 6 3.5 9,00606 0.8 0.6 0.5 3 0.3 0.4 3 0.3 360 0.4 1,060 1 as 240 IOO 97 90 Chromium, sol. chromic, chromous salts as Or............ Metal and Insol. salts ............ Coal tor pilch volatiles (ben- true soluble fraction} aiilhrs- oeu,\ BoP, phennnthrene, acridine, chrysene, pyrene___ Cohalt, metal fume and dust__ Copper fume............................ Dusts and Mists................ Cotlon duel (raw)................ ...... Crttmjft herbicide., . Cresol ull Isomers) - Skin .. OulonAldehyde............. Cumene Skin............................ Cyanide (as CN)- Skin........... Cyclohexane................................. 300 Cycloheiano!............................ M Cyclohexanone....................... Cyclohexene.............................. 50 3m Cyclopentodlene.................... . 2. 4-D.m ............................... 75 DDT-Skin................................... DDVP, see Dichtorvos................ Dccahorane-Skln...................... Demrtoriig) Skin......................... Dlacetune alcohol (4-hydroxy* 4-methyl*2-penUnotie)............ 1,2-dlamlnoethane, see Ethylenedlamine................. . Dlaeomethone............................ Dlborane...................................... 0. C d.J IMbntvlphthaUle.-...................... C o-1 `{chlorobenzene.................. .Vi p-Dlchlorobenzone........... 75 Dlchlorodlfluoromethane........... 1,00U ]<3-Dtrhlor<*5,6-dlnmhyl hydantoln................................... 1.1-l)lchloroethane...................... 100 1.2-Dlchlornethylene.................. 200 C Dlchloioethyl ether--Skin... 15 Dlchloromethane. see Methylenechlorlde..................... Dlchlororaonofluoromethone__ 1,000 C 1,1-Dichloro-l-nilroethane.. . 1.2-Dfchloropropane, see 10 Propylenedlcn loride.................. 1.000 Dlchlonroa (DDVP)--Skin. Dieldrln- Skin.............................. Diethylamine.............................. 25 Dicthylamlno ethanol--Skin__ 19 Diethylether, see Ethyl ether... Difluorodlbromomethane 100 C Dlgiycfdyl ether (DOE)........ Dihydroxybetueue, see Hydroqiiliioue. DllablHityl ketone........................ DUsopropylamlne-- Skin............ Dlmethoxymetliane, see 59 5 Methvlal.... ......... Dimethyl acetAmide--Skin....... DlmcthyUmlne........................... 10 10 DimethylamUtobensene, see Xylldene..................................... Dlmeihylanlllne(N-dlniethyl* aniline)-6kin.......................... Dlmethylbenzene, see Xylene. Dimethyl l,2-dibromo2,2-dl* 5 chloroethyl phosphate, (Dibrom)...... ............................. DlmethyWonnamlde -Skin....... 2,6-Dlmethylhcptanone, see Diisobulyl ketone..................... 1.1-Dlmethylhydraxlne--Skin... D imet hy Iphthalate..................... Dlmethylsulfote--Skin.............. Dinttrobenxene (all Isomers)-- Skin............................................ Dlnltro-o-cresol--Skin.................. Dlnltrouduene--Skin..... ............. Dloxane iDlethylene dioxide)-- Skin........................................... Diphenyl. -................................. 100 u.J Diphenylmethane dlbocyanate (see Methylene htaphenyl Isocyanate (Ml>1).......................... Dipropykne glycol methyl ether--Skin.. ....................... Di-sec, octyl phthalate (Dv2- ethylhetylphthalate).................... Endrln-Sxln . . ......................... Eplchlorhydrln--Skin................ EI*N Skin.................................... 1.2-Fpoiypropaue, zee Propyleneoxlde............................... 2.3-Ktoiy-1-propanol. see Cllvcldol.......... . See footnotes at end of table. rr.c.'M' a5 i a2 i 245 l.USO5 2JvIXI 1.MI5 _>** (< 0.3 oI 04 a. i .* 4V 4. VLV) n. 4ki ?* DO 4. 2Xi 60 7. (Ml l V* HH0 2U .<5 1* 25 3 30 I a2 \. % 360 I n) pi ii 5 ABS-012398 Occupational Safety & Health Reporter (Sec. 1910.1000(e)) I'D LAM 030343 TOXIC SUBSTANCES 31 8303 Table Z- I -Continued Table I (\>nlimie<! I .il>L J I. Substance p.p.m.* Ethanethtol, see Elhybner- enpten................................. Etharolar.ine.. 2-Ethoxyethanol-Sktn.............. 2-Elhoxvethylacetate (CeDo- solve acetate) --Skin.........-- Ethvl acetate............................. .. Etnyl aery tote--?kin................. EthvJ alcohol (ethanol)............ F.t.'ivUrolnc. ............................... Ktuvt rc-amyl ketone (5- mrthAl-H-hepunone). -.......... Etli\l beniene............................. Ethvl bromide............................ Ethvl butyl ketone <3- Hcptannne).............................. Ethvl chloride............................. Ethvl ether............. .................... Etl.vi formate.............................. C Ethyl mercaptan..................... Ethvl xilicute............................... Ethylene chlorohydrin--Skin.. Ethvlencdfamlne......................... Ethylene dlbromidc. seo 1.2- 200 100 4<V> 25 1,000 10 25 100 200 so 1,000 400 100 10 10O 5 10 Fthvlene dlchlortde, see 1.2- fJlchloroethane.......................................... C Ethylene glycol dlnitrate and/or Nitroglycerin--Skin... <0.2 Ethv'.rne glycol monomethyl ether acetate, see Methyl celiosnlve acetate........................................ Ethylene Imlne--Skin................ aft Ethylene oxide............................ 50 Ethylldine chloride, see 1,1- nkhloroethane........................................... N-Ethylmorphollne--Skin........ 20 Ferbom................................................... ........ Ferrovanadlum dust..................................... Fluoride (as P)...................................... .-- Fluorine........................................ d1 Fluorotrlchloromethane............. 1,000 Formic acid........................... Furfural--Skin.................... . 5 5 Furfuryl akohol................. 50 Olycldo! (2.3-Epoiy-lpropanol).......................... SO Olycol monoethyl ether, see 2-Ethotyethanol......................................... Guthion . see Axlnphoa- methyl.......................................................... Hafnium.......................................................... Heptachlor--Skin.......................................... Heptane In-heptane).................. 500 Heiachloroethane--Skin------- . 1 Hexachloronaphthalene--Skin..................... Hexane (n-hexane).~.................. 500 2-Hexanone................................... 100 Hexone (Methyl Isobutyl ketone)...................................... 100 sec-Hexyl acetate......................... 50 Hydraaine--Skln......................... I Hydrogen bromide...................... 3 C Hydrogen chloride.................. 5 Hydrogen cyanide--Skin........... 10 Hydrogen peroxide (00%).......... 1 Hydrogen selentde,....................... 0.0ft Hydroqutnone................................................ C Iodine...... ................................ Oil Iron oxide tame............................................. . Isoamyl acetate............................ 100 Isoamyl alcohol............................ 100 Isobutyi acetate........ ,................ 150 Isobutyl alcohol........................... 100 Isophorone.................................... 2ft Isopropyl acetate......................... 250 Isopropyl alcohol............ 400 Isopropylamloe............... ft Isopropylether............................ 500 Isopropyl glyeldyl ether (1G R). 50 Setene.......................................... aft Lead arsenate................................................... Lindane--Skin.......................................... Lithium hydiide............................................. L.P.G. (liquified petroleum gas)............................................. 1,000 Magnesium oxide fume.................................... Melathioo--Skin......................................... Maleic anhydride......................... a 25 C Manganese.................................................. Mesityl oxide................................ 2ft Methanethioi, see Methyl mercaptan..................................................... Methoxychlor.................................................... 2-Methoiycthanol, see Methyl Methyl acetate............................. 200 Methyl acetylene (propyne).... 1,000 Methyl aretylene-propadlene mixture (MAPP)..................... 1.000 Methyl acrvhUe-Skln................ 10 Meihylal (dlmethoxymethane).. 1.000 Methyl alcohol (methanol)........ 200 Methylamlne................................ 10 Methyl amyl alcohol, see Methyl Isobutyl earblnol.......... mg./M* * 740 MO 1,400 100 1.900 18 130 435 8D0 730 2,600 1,200 300 25 650 1ft 25 noI 94 15 l 2.5 0.-2 5,600 9 20 200 ISO 0.5 0.5 2,000 10 0.2 1.800 410 410 300 1.3 10 7 11 1.4 0.2 2 1 10 625 360 700 300 140 960 660 12 2,100 240 0l9 a 16 aft a 025 1,800 15 15 1 6 100 610 1,650 1.800 35 1.100 260 12 Sutatance p.p.m.* mg./M* Methyl (n-amyl) keion* (2- Hcptanone).............................. 100 405 (' Methyl bromide--Skin........... 20 80 Methyl butyl ketone, sec 2- ffvxanone................................. Methyl oeUi*oive -Skin............. *25........ ......... SO* Methyl cellosohe acetate-Skm 25 120 Methyl chloroform...................... 350 1.900 Mcthylcyclohexone................. 500 2.tW Mothylcycloliexauol.................... 100 470 n-.\feth ylcyclohexanone - Skin.. 100 460 Methyl ethyl ketone (MEK), <u*e 2-nutanono......................... Methyl formate........................... too 250 Methyl iodide--Skin.................. 5 28 Methyl Isobutyl carhinol--Skin. 25 100 Methyl isobutyl ketone, sco Hexone...................................... Methyl Isocyanate-Skin........... *0*02*" ..........a* G Mothy! mercaptan.................. 10 20 Methyl methacrylate....... .......... 100 410 Methyl propyl ketone, see 2- I'entanone................................ C a Methyl styrene..................... 100 480 C Methylene hljphenyl l.<ocyanate (MDI).................... a2 Molybdenum: Soluble compounds................. Insoluble compounds.............. 5 15 Monomethyl aniline Skin........ 9 C Mouoruethyl hydnulne- Skin........................................... Morpholine--Skin....................... Naphtha (coaltar)...................... Naphthalene............................... Nickel carbonyl.......................... 0.2 20 10100 0.001 0.35 70 400 50 0.007 Nickel, metal and soluble rmpds, as Nt.............................. Nicotine--Skin............................. l 0.5 Nitric acid................................... Nitric oxide................................ p-NUroanlHne--Skin.................. Nltrobenxene --Skin................... p-NItrochlorobentene-Skln....... 2ft 1 1 6 3f0t 5 1 Nitroethane................................. Nitrogen dioxide......................... Nitrogen trifluoride.................... Nitroglycerin--Skin.............. . Nttromethane.............................. 1-Nllropropane............................ 100 5 10 0.2 100 25 310 9 29 2 250 90 2-Nltropropane........................... 25 90 Nitmloluene--Skin..................... 5 30 Nltrotrtchloromethane, see Chioroptcrtn.............................. Octachloronaphthalene--Skin... Octane........................................ 0.1 2,350 Oil mist, mineral......................... *5 Osmium telroxlde......................... 0.002 Oxalic acid..................................... Oxygen difluortde....................... Osone................. ......................... Paraquat--Skin............................ Paratn Ion--Skin........................... 0.05 at 0I. I 0.2 0.5 ai i Pentaborane............................ . 0.005 0.01 Pcntachloronaphthalene--Skin.. PentachlorophenoJ--Skin............ Fontana...................................... l.ooo 0.5 as 2,950 2-Pentanone................................. Perchtoromethyl mercaptan.... 20a0 i 700 0.8 Pcrchloryl fluoride..................... Petroleum distillates (naphtha). Phenol--Skin............................... .1 50f0t 13.5 2,00100 p-phenytene diamine--Sk In....... Phenyl ether (vapor)................. ai 7 Phenyl ether-biphenyl mixture (vapor)....................... Phenylelhylene, see Styrene....... Phenyl glycidyl ether (POE)... Phenylhydraxlne--Skin............. 1f0t 00 22 Phosarin (Mevmphoe $ )-- Skin............................................ Phosgene (carbonyl chloride)... ai at 0.4 Phosphine.................................... 0.3 0.4 Phosphoric acid............................ Phosphorus (yellow).................... l o. I Phosphorus pentechloride........... 1 Phosphorus pentasulftde........ . Phosphorus trichloride............... Phthallc anhydride.................... Picric acid--Skin..................... . aft 2 k 3 12 ai Pival (2-PtvalyH,3Indandione).............................. at Platinum (Soluble Salts) as Pt................................................ a 002 Propargyl alcohol--Skin............ Propane......................... ............ n-Propyl acetate.......................... Propyl alcohol............................. n-Propyl nitrate......................... Propylene dlchloride.................. Propylene Imina- Skin.............. Propylene oxide.......................... 1,000 200 200 25 75 2 too 1,900 840 500 110 350 6 240 Propyne, see Methylacctylene___ Pyrethrum.................................... Pyridine....................................... Quinone..:.................................. KDX-Skin.................................. . 6 ai ft 15 a4 1.5 Substance Rhodium. Metal fume and dusts, as Kh.................... Soluble salt# . . Runnel................................... Kotenone u'oir.mrcrial' . Selenium comt'ornul*. (as c Selenium hei.uUturule... Sliver. rr.t;il jiid sotuhn- com:- pounds. Sodium fluorn:ic-tete flri*** -- Skin.................... Sodium hydroxide........ fiiibtnc......................... Stnddurd solvent. . Strychnine . Sulfur dioxide.. Sulfur hexafluoride... i.mi ^ulfxxrtc acid . Sulfur moiuvhloiide. . Sulfur pentaflunride, I Sulfuryl fluoride., syetox, see IVmeton JO .. 2.4.5T..................... Tantalum. TEDP-Skln . Tellurium. .. . Tellurium hexafluoride. TEPP-Skln . . . C Tcrphenyls 1.1,1 .'i-TetcHcUlociK'^ditlwr* ethuce............. l,1,2.2-Terrchl<ro-l.J-diflti.>r- ethane........ l.I.J.'J-Tetraehlornethutie >k'.n Tctrachloroethylene, s*`- r* t chlomethylene ... . TVtrachloromrth me. s*** tetrachloride .. Tetr.ichloronaphthalene Skin . Tetraethyl lead (as pb) Skm. . Tetnihydrofuran. Titramethyl lead (.*s >`h) Skin............................... Tetramethyl sncclponllrile Skin............................. Tetranitromethane. . Tetryl t2,4.6*tr1nittopl;envl- methylnltraminei Skin... Thallium (soluble com pounds)-Skin as TI-Thlram............................ Tlu (inorganic empds. except oxides. ... ................. Tin (organic empdst... . C Toluene-2,4-diisocya>iai*. o-Tolutdtne - Skin Toxaphene. see Chlorinated can:phene ... Tributyl phosphate. . 1.1.1-Trlchlorootlt.tnr see Methyl chloroform.. 1.1.2-Trichl<ir<K'th:in Skin. Titantumdioxide............................ Trlchloromcthane, .see Chloro form ...... Trichlnronaphfhslene Skin . 1,2,3-Trtchluropropane.. 5n 1,1,2-Trtchloro 1.2.2-trlfiUun*ethane........................ ........ J 'Hl Trtethylandue.................. 2ft TriflunromunobnnnntnHhdiie .. 1. IM* 2.4,6-Trtnltrophenol, see I'bri-' acid............................. 2.4.0-Trtnitropheny Irneth yl ultranilne. see Tetryl. Trinitrotoluene Skin......... Triorthoercsyl phosphate . Triphenyl phosphate___ Turpentine.................................. Uranium (soluble compounds;. Uranium (insoluble compounds). C Vanadium: . VjOdust................................. VtOfume........................ . .. Vinyl beuxerte, see Stvrene....... Vlnylcyanlde, see Acrylonitrile. Vinyl toluene............................. Warfarin.................... ............. Xylene (xylol)............................ Xylldlno-Skln........................... pm 5 Yttrium....................... ............ 7.inc chloride fume.................... Zinc oxide fume............................. Zirconium compounds fas Zri___ ui o. not la .s oi 0.4 0 0! n oS os 2. VM n 15 f, UHjO t rj O. 75 W 10 .s *. i (. OS 4. I!:* 4. I7n n 07 f`k i5 (.* I 45 15 5 3rtt 7.900 jrx) 6. JUO I5 n| 3 .W 0. 0.5 0. 25 0. 5 0. I 180 <>. t 435 '.*5 I *1970 Addition. Harts of vapor or gas per nullum parts of nmtanil- nated air by volume at 2S* and mm Hu pressure. * Approximate milligrams <( parth ulate per ruble meter of air. (No footnote "c" Is used (o avoid <onfiivfon ulf celling value uoiailons.) * An atmospheric rum.... . of >.<.( more Hiai 0.02 p.p.m., or personal protoin-*n imiv !* nrors^-ar: to avoid headache As sampled by method ihat d**es not ndlcet v|**r. t For e<ntrol of general room air. blologp- nionllorlnii Is essential for tersoniel corm**l (Vinyl dilorulc ik'lv'tcif .it IK I 'll' April 5. I9?4| _ ABS-012399 6-12-75 Copyright 19/5 by The Bureoo of Notionol Affoirs, Inc. (Sec. 1910.1000(a) Table 2 1) LAM 030344 31:8304 REFERENCE FILE Tabic Z-2 (c> Methods of compliance--(1) En gineering methods. (0 Engineering con Acceptable mulmam pem^ above trols. Engineering controls, such as. but Matarial -hour dm* weighted average Acceptable celling concentration the acceptable celling concentra- tion tor an 8-hour shirt. ----------------------------------------------------- Concentration Mastmum duration not limited to. Isolation, enclosure, ex haust ventilation, and dust collection, shall be used to meet the exposure limits prescribed in paragraph tb) of this section. Beeeene (Z87.4-I968)...................................... 10 p.pjn............. 24 p.p.m............... 50 p.p.m............. 10 minutes. Beryllium and beryllium compounds 2 i^Vm*...............i eg./M1................. 24 ag./M1............. SO minutes. (Z87.29-1970). Cadmium tame (Z37-S-I970)......................... 0.1 mg./M*............Imf./M............... Cadmium dust (Z47.S-1970)...........................0.2 mgVM*............O.Omg^M*............ Carbon dlsulllde (Z37.3-198B)....................... 20 p.p.m............. 40 p.p.m............... 100 p.p.m........... Do. Carbon tetrachloride (ZS7.17-1947)...............lOp.pjs............... 2tp.pjn............... 200 p.p.m______ 8 minutes In any 4 hours. Ethylene dlbromtde (Z874I-I070)................ 20 p.p.m...........10 p.p.m.................. 40 p.p.m_____ _ 4 minutes. Ethylene dlchlortde (Z37.21-1989)................ SO p p m............... 100 p.pjn............. 200 p.p.m........... 4 minutes In any 3 hours. Formaldehyde (Z87.10-1M7)......................... * p.p.m.................. p.pjn............... 10 p.pjn............. 30 minutes. Hydrogen rfuoride (ZT.28-I9M)........................... do................................................. Fluoride el dust (Z37.28-I999)...................... 2.4mf./M........................................... Lead end Ite Inorganic oompounda (Z27.ll- 0.2 mg./M<......................................... 1980). Methyl chloride (Z.18-1980)....................... 100 p.pjn......... 200 p.p.m.............. 400 p.p.m........... 4 minutes In any 3 hours. Methylene Chlortdo (Z87J-1080).................. 400 p.p.m........ 1.000 p.p.m............ 2,000 p.p.m........ 4 minutes In any 2 hours. (It) 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 la in corporated by reference herein. (b) See 11910.6 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 Organo (alkyl) mercury (Z37J0-1989)......... 0.01 mg^M a... 0.04 mgiM ............. Styrene (Z37.I4-I9S0)...................................... 100 p.pjn....... 200 p.pjn............... 400 p.p.m........... 4 minutes In any 3 hours. Trichloroethylene (ZJ7.10-1987)............................do...................... do...................... 300 p.p.m........... 4 minutes In any 2 hours. Tetrachloroethylene (ZS7.22-1947)........................do...................... do........................____do.................. 4 minutes In env 3 hours. Toluene (ZJ7.12-1987).................................... 200 p.pjn........ 300p.pjn............... 400 p.p.m........... 10 minute*. Hydrogen sulfide (ZJ7.2-1908).................................................. 20 p.p.m................ 40 p.pjn............ 10 minutes once only If no other measur able exposure occurs. given In i 1910.100. (Ill) Particular tools. All hand-op erated and power-operated tools which may produce or release asbestos fibers In excess of the exposure limits pre scribed in 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 Mercury (Z87.8-I97I)................................................................. I mgJlOM a tems In accordance with subdivision (11) Chromic acid and chromates (Z37.7-1971)...................................... do ------ of this subparagraph. (2) Work practices--(1> Wet methods. TASLt 0-3--MfNRKAL DUSTS Substance Mppcf * Mg/M1 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 Silica1 Crystalline: Quarts (respirable).............. 240 * lOmg/M* 2 2.6 3.5 5.0 10 P0 state sufficient to prevent the emission 76 of airborne fibers In excess of the ex 50 26 posure limits prescribed In paragraph 0 (b) of this section, unless the usefulness %SiOi+4 Quarts (total dust)................................... Cristoballte: Use H the value calculated from the count or mass formulae for quarts. Tndymlte: Use H the value calculated from the for mulae for quarts. Amorphous, including natural: diatoroaceous earth................. 20 %810i4-2 30m*/M* %SiOi+2 sumg/M' %SIO The measurements under this' note refer to the use of an ABC instrument. It the respirable fraction of coal dust Is determined with e M RE the figure corresponding to that of 2.4 Mg/M* In the table for coal dust is 4.5 Mg/M*. fi 1910.1001 Asbestos. (a) Definitions. For the purpose of this section. (1) "Asbestos" Includes chrysotile. amoslte. crocidollte, tremolite, anthophylUte. and actinollte. (2) "Asbestos fibers" means asbestos of the product would be diminished thereby. (II) 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 1% cry*- talllne silica): Mica............................................... 20 Soapstone...................................... 20 Talc (non-asbestos form) . 20" Talc (fibrous). Use asbestos limit .. .. . Tremollte (see tele, fibrous) Portland cement.......................... 40 Oraphlte (natural).................. Coal dust (respirable fraction 14 leas than 4% SIOil.................................. . 2.4rng/M* or For more than b% SIOi............................... 10mg/M> Inert or Nuisance Dust: Respirable fraction.............. Total dust............................. %8IOr+2 14 4mg/M* 40 lOmg/M1 Nor*: Conversion factors-- mppc(X45 3-million particles per cubic meter -particles per c.e. ' Millions of particles per cnbie foot of efr, based on implnger samples counted hy light-field technics. ' The percentage of crystalline silica in lire formula Is the amount determined from air-borne samples, si cepi in those Instances In which other methods have been shown to be applicable. ) As determined by the membrane filter method at 430 X phase contrast magnification. - Roth concentration and percent quarts for the appli cation of this limit are to be determined from the fraction passing a die-vrlet tor with the following ch aractedsties: Containing < 1% quant; If > 1% quant, use quani llml). fibers 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 libers 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 5 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. (III) 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) <iii) of this section and with special clothing in ac cordance with paragraph id) (3) of this section. (d> Personal protective equipment-- (1) Compliance with the exposure limits prescribed by paragraph tb) of this sec tion may not be achieved by the use of respirators or shift rotation of em ployees, except: (1) During the time period necessary to Install the engineering controls and to institute the work practices required by paragraph <c> of tins section: (li) In work situations in which the methods prescribed In paragr- " ABS-012400 Occupational Safety A Health Reporter [Sec. 1910.1001 (d)(1 Kill) 62 LAM 030345 TOXIC SUBSTANCES S-HH 31:8305 this section are either technically not feasible or feasible to an extent insuffi tne safety or health of the employee or other employees will be impaired by his iii* Sampling frequency and patterns. After the initial determinations required cient to reduce the airborne concentra tions of asbestos fibers below the limits prescribed by paragraph (b) of this section: or (111) In emergencies. use of a respirator. Such employee shall be rotated to another job or given the opportunity to transfer to a different po sition whose duties he is able to perform with the same employer, in the same geo 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 em ployees. In no case shall the sampling be (tv) 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 sions (i). (li), or (ill) of this subpara 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 ity, status, and rate of pay he had just prior to such transfer, if such a different 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> for employees whose exposure to asbestos may reasonably be foreseen to exceed 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 tion. and Welfare, under the provisions of 30 CFR Part 11 (37 F.R. 6244, Mar. 25, 1972), and shall be used in accordance with subdivisions (i), (li), (ill), and (lv) of this subparagraph. (i) Air purifying respirators. A reusa 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 of 0.8 micrometer porosity mounted in an open-face filter holder. Samples shall be taken for the determination of the 8- hour time-weighted average airborne concentrations and of the ceiling con centrations of asbestos fibers. ble or single use air purifying respirator, or a respirator described In subdivision iil) 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 timeweighted average concentrations of asbestos fibers are reasonably expected to exceed 10 times, but not 100 times, those limits. < iil) Type "C" supplied-air respirators, continuous flow or pressure-demand class. A type "C" continuous flow or pres sure-demand, supplied-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 ceiling or the 8-hour time- ployer shall provide change rooms for employees working regularly at the place- til) Clothes lockers: The employer shall provide two separate lockers or con tainers for each employee, so separated or isolated as to prevent contamination of the employee's street clothes from his work clothes. (iil) 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. (b> Any employer who gives asbestos- contaminated 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 400-450 X (magnification) (4 millimeter objective) with phase contrast illumination. if) Monitoring--(1) Initial determi <ii> 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 of 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, li* 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 (b) of this section. Signs shall be 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 the 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 nations. Within 6 months of the publi cation of this section, every employer (ill Sign specifications. The warning signs required by subdivision (t) of this expected to exceed 100 times those limits. (lv) Establishment of a respirator pro shall cause every place of employment where asbestos fibers are released to be subparagraph shall conform to the re quirements of 20" x 14" vertical format gram. (a) The employer shall establish monitored in such a way as to determine signs specified in 5 1910.145<d n4i. 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 tory Protection, ANSI Z88.2-1969, which is incorporated by reference herein. scribed in paragraph <b> of this sec tion. If the limits are exceeded, the em ployer shall immediately undertake a panel, with letter sizes and styles of a visibility at least equal to that specified in this subdivision. >. See 0 1910.6 concerning the avail ability of ANSI Z88.2-1969 and the main tenance of an historic file in connection compliance program in accordance with paragraph (c) of this section. (2) Personal monitoring--(1) Sam Legend Asbestos ................ Notafton l ' Sans Serif Gothic oi therewith. The address of the American ples shall be collected from within the Block. National Standards Institute is given in breathing zone of the employees, on Dust Hazard. Sans Serif 5 1910.100. (c) No employee shall be assigned to tasks requiring the use of respirators if. based upon his most recent examination, membrane filters of 0.8 micrometer po rosity mounted in an open-face filter holder. Samples shall be taken for Ihe determination of the 8-hour time- Avoid Breathing Duyt Wear Assigned Protective Equipment. Gothic Block 4 ' Gothic `4`' Gothic. an examining physician determines that weighted average airborne concentra Do Not Remain In Area <4 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 Copyright 1975 by The Bureau of Notional Affairs, Inc. [Sec. 1910.1001 (q)( I Hot j ABS-012401 LAM 030346 31:8306 REFERENCE FILE Legend Notation <J) Medical examinations--(1) Gen Breathing Ashestoe Duet 14 point Gothic. eral. The employer shall provide or make May Be Hazardous To available at his cost, medical examina Tour Health. 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 f2) Caution labels-- (i) 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 ib) of this section will be released. nually thereafter, every employer shall <ii) Label specifications. The caution provide, or make available, comprehen labels required by subdivision (i) 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 Caution roentgenogram (posterior-anterior 14 x Contains Asbestos Fibers Avoid Creating Dust Breathing Asbestos Dust May Cause Serious Bodily Harm !h) Housekeeping--(1) Cleaning. All external surfaces in any place of employ ment shall be maintained free of accu mulations of asbestos fibers if, with their dispersion, there would be an excessive 17 Inches), a history to elicit symptom atology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and rorced 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 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 ,to elicit symptomatology of respiratory use, handling, storage, processing, dis disease, and pulmonary function tests posal. or transportation airborne concen trations of asbestos fibers in excess of the exposure limits prescribed in paragraph i b) of this section shall be collected and disposed of in sealed impermeable bags, r other closed. Impermeable containers. 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 (1> Recordkeeping--(1) Exposure rec the employee has been examined in ac ords. Every employer shall maintain rec cordance with this paragraph within the ords of any personal or environmental past 1-year period. monitoring required by this section. Rec (6) Medical records--(i) Mainte- ords shall be maintained for a period of nwce. Employers of employees examined at least 3 years and shall be made avail pursuant 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 tor at least 20 years. Health, and to authorized representa tives of either. 12) 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 tos fibers in excess of the limits pre scribed in paragraph ib) 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. (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 tor Occupational Safety and Healt-i. Lhe Director of NIOSH. to authorized phvr.;ci.ms and medical consultant: ol tuner of them. atul. upon the wit:'. of an em ployee or tormer employee, to lus pnysicuuv Any physician who conducts a medical cxiuiuiiiuiun 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 libers. 1910.1002 Coal tar pitch volatiles; in terpretation of term. As used in Sec. 1910.1000 (1'ahlc 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. |.!7 l'R 24749 ITliMivc Novi ,nlvi 71. |w~2| | Editor's Note: lor the follow in" i.i'.iit- omens' standards, medical cs.iniio.iii.hi j i..s i sions were remanded by the Hurd Cm mi Court of Appeals. Provisions reeardme re search laboratories were sauir.l l>\ ilie court. | 1910.1003 4-Nitrobiphenyl. () Scope and application. (1) This section applies to any area in which 4-Nltrobiphenyl, 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 filler" 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-Nitrobiphenyl. 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-Nitroblphenyl where containment prevents the release of 4Nttroblphenyl Into regulated areas, nonregulated areas, or the external environ ment. (5) "Decontamination" means the in activation of 4-Nitrobiphenyl or Its safe disposal. () "Director" means the Director. 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. (7) "Disposal" means the safe re moval of 4-Nltroblphenyl from the work environment. (8) "Emergency" means an unforseen circumstance or set of circumstances re sulting in the release of 4-Nltrobtphenyl which may result In exposure to or con tact with 4-Nitroblphenyl. (9) "External environment" 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-Nitrobiphen.vl. which Ls impervious to the passage of 4Nitrobiphenyl. and which would prevent Occupolionol Solaty & Health Reporter [Sac. 1910.1003(b)(10) I (-! ABS-012402 lam 030347 23,976 Decisions 237 >** OSHRC Judge's decisions become Bnal if review not directed within JO days of Sling. For further action, if any, see Case Table at $ 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 1. 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. D. 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 al.,' 3 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 home 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 either 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 of 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 bv 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. [ff 20,163] GAP Corp. and United Engineers & Constructors, Inc. Text of ReviewCommissiorTsDecisionTatefFTroveniber 14. 1975. OSHRC Docket Nos. 3203, 4006 and 7355. The Judge's Decisions at 3203 and 4008 appear at (I 18,289 and $18,318, 1973-1974 OSHD (GAF Corp.). The Decision at 7355 appears at $19,138, 1974-1975 OSHD (United Engineers & Constructors, Inc.). ' AO'd sub nom. Lucas Coal Company, et aL v. Interior Board 0/ Mine Operations Appeals, -- F. 2d -- (3rd Clr. August 29. 1975). I 20,163 1975, Commerce Clearing House. Inc. ABS-012403 LAM 030348 mi n-a-rs 1975--1976 OSHO 23,977 OSHRC Judge's decisions become final if review not directed within SO days of Sling. For further action, if any, see Case Table at | 7995. Asbestos Exposure--Medical Examination Requirements--When Applicable. Section I910.93a(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 $ 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. fn 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: fl 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 DecisionJ Before Barnako, Chairman; Mohan and Cleahv, Commissioners. Cleaky, Commissioner: These consolidated cases involve a single common issue, the interpretation of the standard at 29 CFR 19l0.93a(i) [herein after referred to as 19l0.93a(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 Judge decisions A. GAP Corf., No. 3203 OAF 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. 651 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, AFLCIO. 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 1910. 93a(j),' the Judge concluded: An employer who is engaged in com merce is required to comply with the provisions of 29 CFR 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 I910.93a(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). 1 The text ot this and other applicable standards Is set forth In Section III. infra. ' Although the citation and complaint alleged a failure to comply with { 1910.93a(J)(l), they were amended on motion ot the Secretary to allege a failure to comply with t 1910.93a(J) Employment Safety and Health Guide f 20,1 63 ABS-012404 LAM 030349 23,978 Decisions 237 OSHRC Judge's decisions become nal it review not directed within JO days of tiling. For further action, if any, see Case Table at 117995. B. OAF Corp. No. 4008 GAF Corporation, Building Products Di vision (GAF-BPI)), was issued a citation alleging an other than serious violalion 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 Art, GAF-BPD filed a timely notice of contest. 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 Rieht for decision. On July 23, 1974, the Judge issued a decision affirming the cita tion. Judge Riehl ruled, as did Judge Ostcrman 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 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, Tnc. (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 LTE & 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 LIE & 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 I910.93a(b). Nevertheless, the Judge ruled* that the evidence established a failure to 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 1910.93a(b) levels were not prerequisites to the medical examination requirements of 1910.93a(j). Rather, Judge Morris stated: 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." 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 (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. 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. 4804.4 This motion was granted as to the GAF cases but denied as to the Amoco Oil Co. case. * 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 Otl Co. Involved the Interpretation of i 1910.93atJ). It also Involved other provisions ot the asbestos standard. n 20,163 1975, Commerco Clearing House, Inc. ABS-012405 LAM 030350 337 ,*'*-7S 1975--1976 OSHD 23,979 OSHRC Judge's decisions become Saal it review not directed within JO days ot FtSnmi. For further action, if any, see Case Table at f 7995. III.Relevant standards 1910.93a Asbestos. (a) Definitions. For the purpose of this section, (1) "Asbestos" includes chrysotile, amosite, crocidolite, tremolite, anthophyllite, and antinolite. (2) "Asbestos fibere" 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) Preplacemrnt. 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 (FEV,,). (31 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 base, 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 1910.93a(b)f 1). Moreover, respondents in both cases admitted that they did 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 19l0.93a(j)(2), (3) and (4). After a hearing in the UE & 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 establish' that the levels of exposure exceeded those set forth in (1910.93a(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 & 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)(l). In enacting the Occupational Safety and Health Act of 1970,' Congress expressed grave concern oyer 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 on studies of safety and health in particular industries. Occu In his decision. Judge Morris refers to the lt Is clear from his discussion, however, that permissible limlU In 29 CFR i 1910.93a(2)(b). he was referring to | 1910.93a(b)(l). Employment Safety and Health Guide I 20,163 ABS-012406 LAM 030351 23,980 Decisions * *' OSflliC Judge's decisions become final if review not directed within 30 days of fifing. For further action, if any, see Case Table at fl 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 daring 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. .S'. Rep. No. 91-1282. supra at 3. It is in light of this legislative background that we construe the remedial rules l>efore 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. Brennan t>. OSHRC fir 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"* 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 5 1910.93a<JH2>. (3) and (4). ' Webster's Third New International Diction ary 469 (unabr. ed. 1971). * Fnr other examines, see paragraphs (g)(2) (1) and (h)(2) of } 1910.93a. not necessarily imply a quantitative limita tion. The term "concentration" may also denote a relative dispersion of particles in the air.1 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 Stotts, 369 U. S. 1, 11 (1962); Mastro Plasties Corf. v. NLRB. 350 U. S. 270, 285 (1956), rek denied, 351 U. S. 980 (1956). Applying this principle to 1910.93a, it is clear that the term "con centration" as it appears in l?10.93a(j) is not ambiguous and does not refer back to 1910.93a(b)(l). Several of the provisions of 1910.93a expressly refer hack to the permissible level of exposure set forth in $ 1910.93a(b). For example, paragraph (g)(l)(i) of 1910.93a requires 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 back to 1910,93a (b). Indeed, if such a cross reference were intended, it would likely be expressed as in the case of paragraph (g)(l)(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 NI05H 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 fibcr/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 fil>ers/cc or peak exposures above 10 fibers/cc.1* 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 * NIOSH, Criteria for a Recommended Stand ard . . . Occupational Exposure to Asbestos at 1-3 (1972) [hereinafter referred to as "NIOSH Criteria Document"}. " Id. at 1-1. II 20,163 1975, Commerce Clearing House, Inc. ABS-012407 LAM 030352 237 12-2-75 1975--1976 OSHD 23,981 OSHRC Judge's decisions become Baal if review aot directed within 30 days of 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, ApLCIO v. Hodgson. 499 F. 2d 467, 477 (D. C. Cir. 1974). They may or may not be fol lowed by the Secretary of I-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)." 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 I910.93a(j). The Court of Ap peals for the District of Columbia, in Indus. Union Dep't, APL-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 Secretaiy, 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 em u In support of their contention, respondents cite a memorandum directed to the former As sistant Secretary of Labor by Dr. Marcus Key, Isthe Director of NIOSH. This memorandum sup ports respondents' position that there 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 suck 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 refected this portion of the NIOSH recommendation. 1 20,163 ABS-012408 LAM 030353 23,982 Decision* 231 >*-*-* OSHRC Judge's decisions become Bnai if review not directed within SO days of Sting. For further action, if any, see Case Table at fl 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.11 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." 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, Education, 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 1910, 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." 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 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 cited 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 81910.93(b) argument, he stated that the proper 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- " NI08H Criteria Document at III-9. u 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 V 20,1 63 on the constitutional validity of standards promulgated pursuant to section 8 of the Act. United States Sleet Cory., Nos. 2979 A 43*9 (November 14. 1974) (concurring opinion). 1975, Commerce Clearing House, lac. ABS-012409 LAM 030354 * -*-* 1975--1976 0SHD 23,983 OSHRC Judge's decisions become Snsl if review not directed vrithin JO days oi SHng, For further action, if any, aee Case Table.at ( 7995. partment, AFL-CIO v. Hodgson, 499 F. 2d proposed'sules. The major difference is that 467, 471 (D. C. Cir. 1974): the proposed rules required medical ex "fl]t is estimated that three to five million workers are exposed to some ex tent to asbestos fibers in the building construction and shipyard industries alone." 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 , ' aminations only for employees exposed to concentrations exceeding the levels pro hibited in subparagraph (a) whereas the promulgated rules contain no such limita 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 provision in the. proposed rules that per mitted _ exposure to higher levels of concenlratjons Tor 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 9655(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 lation at issue in this case. In my view it was not subjected to public scrutiny and is, he is required to publish the "proposed rule ... in the Federal Register^' * (emphasis added) and to afford "interested persons" the opportunity to submit written objections thereto and to participate in a public hear ing thereon. as a result, void because of improper promul Since the standards as promulgated differ gation. As promulgated on June 7, 1972, the substantially from those that were originally relevant standards" provide for periodic proposed, they have not been published as medical examinations when employees are proposed rules as required by 29 U. S. C. engaged in occupations which expose them "to 655(b). Therefore, a new rulemaking pro airborne concentrations of asbestos fibers." ceeding is required before they can be en However, these standards are considerably forced in their present form. See Wagner different from their forerunners which were Electric Corporation, v. Volpe, 466 F. 2d 1013 published as proposed rules on Janaary 12, . (3d Cir. 1972). Moreover, many employers 1972, and provided ia pertinent part that: who read the limitations of toe" proposed "(a) 8-hour time-weighted average. 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 would be unaffected. These people were employees are exposed shall not exceed effectively eliminated from participation as S fibers longer than 5 microns per milli a result of the "trojan horse" manner in liter. . . . Concentrations above 5 fibers which this portion of the regulation was per milliliter, but not to exceed 10 fibers pushed through. Dun process requires that per milliliter, may be permitted up to a there be public scrutiny of the substance of total of IS minutes in an hour, but for not the actual regulation under consideration. more than 5 hours in an 8-hour day." Nothing even approaching that was done "(g) Medical examinations. The employer 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) of 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 FeC. Reg. 11320 and 11322 (1972). The complete texts of these standards are quoted In the lead opinion. Employment Safety and Health Golds As contrasted with the Administrative Pro cedure Act which require* only a general notice of the content ot a proposed rule. 5 U. S. C. 1 S934b). f 20,163 ABS-012410 LAM 030355 SM-32(**v. 9*571 1) SHELL OIL COMPANY RfE6NCE date FEBRUARY 2, 1976 to MR. W. A. ROQUET - OCCUPATIONAL SAFETY AND HEALTH fOM ENVIRONMENT, LABOR & LITIGATION DEPARTMENT SR Fmr F I V n j HEAD OFFICE LEGAL FtB 3 1S?6 BWD JFB CWSr' WAR oA subject GAF CORPORATION AND UNITED ENGINEERS AND CONSTRUCTORS (ASBESTOS CASE) i V-Z If you would like to discuss this matter further, please give me a call. rynn F Aurelius ABS-012411 lam 030356