Document jm5Vnzz3KYndJ6abqLYDGwz19

.O.M.CO. , 1) ' iNTER-OFFICE MEMORANDUM TO \j. H. Walton AT 1586 KB . DATS July 31,1972 From A. Jr..^-T^ommershausen copies to . d. R. Canham P. J. Franklin P. D. Orleman . H. Schaper J. S. Sheahan R. J. Wiborn at 2675 OB subject Antioch - Asbestos You are already quite familiar with the 05HA asbestos standards; however, a copy is attached for your easy reference. On April 12 and July 18 air samples were taken at the Antioch Gypsum plant. The area sampled was on* the second deck of the pre-mix department where the bags of the various materials are dumped into hoppers. Fifteen to fifty bags of asbestos are dumped in an eighthour shift, depending on the product. Personal samplers were used according to standard procedures. The asbestos counting was done by Trapelo/West and the School of Public Health at the University of California in Berkeley. ' RESULTS Name-Badge No. Sample Date Volume Fibers No. Sampled Sampled per ml Operation Jan Wright - 6223 Jan Wright - 6223 Jan Wright - 6223 W. Potter - 6185 Jan Wright - 6223 W. Potter - 6185 1A 4/12 26 27.1* Dumping bags 2A 4/12 35 2.9* Sweeping 3A 7/18 146 1.0 Dumping bags 4A 7/18 162 1.0 Dumping bags 5A 7/18 84 1.0 Dumping bags 6A 7/18 62 2.0 Dumping bags Reported by analyst - "The fibers on 1A and 2A were extremely bulky, not as slender as typical asbestos fibers. After discussion of these two results with specialists at the School of Public Health, it appears likely that materials other than asbestos were counted. This possibility was avoided in the samples taken on July 18 by supplying samples of all the materials to the microscopist for examination and comparison studies. With the exception of sample No. 1A, which is suspect, the results are within the present threshold limit value of 5 fibers per milliliter (time-weighted average). KNS00262165 J. H. Walton ) -2- '^ July 31, 1972 RECOMMENDATIONS 1. Respirators ' Maintain present practice of wearing respirators when handling asbestos - such as unloading cars, dumping bags, weighing and disposing of bags. The rationale for doing this, in view of the low values found, is to avoid the inhalation of large amounts of asbestos dust for short periods, as it is possible that the ceiling concentration of 10 fibers per milliliter will occasionally be exceeded for brief periods at the times the bags are dumped. Ceiling concentration will be determined upon the next visit. . 2. Protective Clothing . . The regulations specify special clothes, change rooms and double lockers when airborne asbestos fibers exceed the limits. We seem to be in compliance with the time-weighted average, and at this time a protective clothing program is not indicated. However, this matter should be left open and studied further. One reason for the change in clothing requirement is to prevent the workmen from taking asbestos contaminated clothing home to their families. Consequently, steps should be taken to avoid accidents and poor work practices which would cause excessive asbestos dusts in the workers' clothing. 3. Clean-up A vacuum cleaner should be obtained and used frequently during the day to pick up asbestos spills. The material picked up should be dumped into the hopper to be processed; or, if considered as waste, placed in plastic bags, tied, labeled and buried. 4. Empty Bag Disposal The empty asbestos bags should be segregated and placed in plastic bags, tied, labeled and buried. The present practice of "throwing" the empty asbestos bags after dumping should be discouraged. 5. Signs and Labels . A warning sign should be posted according to the regulations - \ ' paragraph 1910.93a(g)(1). It also appears that the dry mixes which contain asbestos should contain a warning label - paragraph 1910.93a(g)(2). KNS00262166 J. H. Waiton ') -3- July 31, 1972 6. Recordkeeping Exposure records must be maintained for three years and made available to the workmen; and,. in addition;' notification in writing must be made to the employee when the exposures exceed the limits. In the present case, the exposures should be noted in the personnel files, but formal notification is unnecessary, although oral discussions are recommended. 7. Medical Examinations Special medical examinations for those exposed to. asbestos will need to be implemented before the end of the year. ,My interpretation of "exposed" is that this would apply to those unloading, asbestos, dumping bags and disposing of bags. Ideally, this all could be done by the same two men. We will make the arrangements for these physical examinations and coordinate through you and the plant people. The dust exposure at the sacker appeared to be minimal, as the ventilation system was operating well. However, since the materials being sacked sometimes contain asbestos, the exposures should be evaluated and documented. Arrangements to do this will be made. . In summary, the immediate things to do are: . 1. Continue respirator program. 2. Clean up asbestos spills frequently, with vacuum cleaner. 3. Dispose of waste and empty bags properly. 4. Encourage men to use work practices which minimize generation of airborne asbestos dust and excessive asbestos on clothing. 5. Record exposures in personnel files. 6. Post signs. 7. Wait for guidelines and assistance for medical examinations. gb . Attachment KNS00262167 11318 RULES AND REGULATIONS ) tions for an Occupational Exposure . ,-posurc to nxbcstos fibers and the ap Standard for Asbestos by the National pearance of adverse biological manifes Institute for Occupational Safety and tations. such os nsbestosis, lung cancers, Health (NIOSH >. Public notice was given and mesothelioma, have given rise, to of tile receipt of the recommendations controversy ns to the validity of the and their availability for Inspection and measuring techniques used and the relia copying. On or about February 25, 1972, bility of the relations attempted to be the Advisory Committee on Asbestos Dust established. Because of the long lapse submitted its written recommendations of time between onset of exposure and * to the Assistant Secretary of Labor lor biological manifestations, we have now Occupational Safety and Health. evidence of the consequences of exposure, Pursuant to the notice of rule making, but wc do not have. In general, accurate a hearing was held on March 14 through measures of the levels of exposure oc 17,1972, for the purpose of receiving oral curring 20 or 30 years ago. which have data, views, and arguments concerning given rise to these consequences. There the proposed standard. On or about arc also controversies concerning the March 31.1972. the presiding hearing ex relative toxicity of the various kinds of aminer certified to the Assistant Secre asbestos, and varying hazards hr dif tary of Labor for Occupational Safety ferent workplaces. . and Health the record of the proceeding. It is fair- to say that the controversy The record includes prehearing written has centered in the area between a two- comments, a transcript of the oral pres fiber TWA concentration and five-fiber entations made at the hearing, and nu TWA concentration, with variations on merous exhibits received during the tire time needed for compliance. Many course of the hearing or within the pe employers support' a -five-fiber TWA. riod allowed after the close of the Most medical opinion is divided between hearing. * two-fiber standard and a five-fiber The proposed standard dealt with (1) standard. - permissible concentrations of asbestos In view of the undisputed grave con fibers: (2) methods of compliance: (3) sequences from exposure to asbestos, warning signs: t4> monitoring: (S) med fibers, it is essential that the exposure be' ical examinations; and <S> recordkeep regulated now, on the basis of tire best ing. Each of these major proposals elic evidence available now, even though it ited comments, arguments, objections, may not be as good as scientifically de and counterproposals. They all have been sirable. An asbestos standard can be re examined and considered. evaluated in the light of the results of 1. Acceptable concentrations of asbes ongoing studies, and future studies, but tos dust. The proposed standard would cannot wait for them. Lives of employees limit occupational exposure to 8-hour are at stake. time-weighted average (TVVA) airborne It is concluded that there should be concentrations of asbestos dust not ex one minimum standard of exposure to ceeding five fibers longer than five asbestos applicable-to-all workplaces ex micrometers per milliliter. Concentra posed to.any kind, or mixture of kinds, tions above five fibers but not to exceed of asbestos. Reasons of practical ad Title 29--LABOR 10 fibers (celling concentration) would ministration preclude a variety of stand be permitted up to 15 minutes in an hour, ards for different kinds of asbestos and Chapter XVII--Occupational Safety and Health Administration, Depart ment of Labor but for not more than 5 hours in any one 8-hour day. NIOSH in effect has recommended that the five-fiber TWA and 10-fibor of workplaces. Also, while the evidence tends to show that crocidolite, for in stance. is more harmful than chrysotile. the evidence is not sufficient to establish PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS peak concentrations be permitted only separate standards lor varieties of for 2 years: thereafter. TWA concentra asbestos. ' tions should be not more than 2 fibers Because there must be one standard Standard for Exposure to Asbestos Dust per cubic centimeter (cm.*) of air, and governing exposure to all varieties of peak concentrations should not exceed 10 asbestos, and hi workplaces apparently fibers/cm.*, with no time restriction. more hazardous than others; because On December 7. 1971, nn emergency Numerous objections and counterpro some present employees with regular ex temporary standard concerning exposure posals have- been made, with regard to posure to asbestos have probably al to asbestos fibers rras published in the both the limits of asbestos fiber concen ready accumulated great doses of asbes Federal Register (36 F.R. 23207). In ac trations and the time periods to comply tos fibers, .due to higher levels of ex cordance with section 6(c) (3) of the Wll- with them. Some, for example, have rec posure in the past: because it appears liams-Stcigcr Occuptaional Safety and ommended return to a 12-fiber standard that levels of exposure which may be Health Act of 1970. a notice of proposed of an earlier day; i.e.. a level adopted safe with regard to asbestosis arc not rulemaking regarding a permanent standard for exposure to asbestos fibers was published in the Federal Register on January 12. 1972 (37 F.R. 4G6). The no tice Invited interested persons to submit both orally and in writing, data, views, and arguments concerning the proposal. On or about January 24. 1972, tile Ad under the Wolsh-Henlcy Public Con tracts Act in 1969. Others hare recom mended a two-fiber standard to become effective in 6 months, then a one-fiber standard far 2 years, and finally a zerofiber standard after 3 years. These rec ommendations give a fair indication of the wide spread of the counterproposals. safe with regard to mesothelioma: be cause the statute requires the protection of every employee, even of one who may have regular exposure-to asbestos during a working life which may reach, or even exceed, 40 years: and because of several other considerations which have been urged and arc reflected in the record of visory Committee on Asbestos Dust was No one has disputed that exposure to the proceeding, the conflict in the medi established and requested to make writ asbestos of high enough intensity and cal evidence is resolved in favor of the ten recommendations with rrcnrd to the long enough duration Is causally related health of employees. As of July 1, 1976. proposed standard on asbestos. On or to nsbestosis and cancers. The dispute is TWA concentrations of asbestos fibers about February 1. 1972. the Department ns to Uie determination of a specific level longer thnn 5 micrometers will not be of Health, Education, and Welfare trans below which exposure is safe. Various allowed to exceed two fibers 'cc., with a mitted to the Secretary of Labor a cri studies attempting to establish quantita ceiling value of 10 fibcrs/cc. The current teria document containing Recommenda tive relations between specific levels of TWA concentrations of five fibers, and KDERAl REGISTER, VOL 37. NO. 110--WIDNE5DAV. JUNE 7. 1972 KNS00262168 1 RULES AND REGULATIONS 11319 ' . . .**> ' celling concentrations of 10 flbers/cc. fibers, so that these would not be released 8. Records. The standard, as proposed win be permitted inft'1 July 1. 1075. dtir: lne whafc wifc,hCiijjVrn.Mt!onal period deemed necessity. tffollow employers to in the normal use of the products, should not be required to be labeled; and (2) words such as "danger" and "cancer" are and as adopted, requires maintenance ot records of monitoring and ot medical examinations. Most ot the controversy in make the needed chances tor comine unwnrrontedly alarming. this area, has revolved around the ques Into .compliance $ith- the more stringent Doth contentions have merit, and the tion whether an employer should be al standard. ` ' `'' Tho record shows that the many work standard has been changed accordingly. 4. Monitoring. The proposed standard lowed to have access to the results of the required medical examinations. The operations subject to the single asbestos would have required personal monitor apprehension of those who'have argued standard Itcxtlle. manufacturing. Indus* ing and environmental monitoring.. against employer access is based on the trial, and marine installation, etc.) will Many issues have been raised concerning expectation that some employers will use meet varyIn* decrees of difficulty in the availability and reliability of meas the medical examinations as a means of complying with the standard. In some uring instruments, frequency of moni screening employment applicants, and plants, extensive redesign and reloca toring. and conditions in which monitor worse, as grounds for discharging current tion ot equipment may be needed. It ap ing should be required. The adopted . employees, who show signs of being af pears. however, the dclny in the cllccUve standard takes the objections into con fected by exposure to asbestos. Since the date of the two-fiber standard will pro sideration. It requires periodic monitor purpose of the medical examinations is vide all employers n reasonable time to ing at intervals no longer than 6 months, to monitor the health of employees ex comply. At the same time, so long ns Uie thus allowing considerable time and dis posed to the' hazards of abestos, em celling limit is complied with, no harm cretion. and prescribes the use of the ployees cannot in reason be granted the ts reasonably expected to result from ex membrane filter method, which is an ac privilege of refusing to disclose to their posures during the transitional period. ceptable method for determination of employers results of occupational expo ' 2. Methods of compliance. It has becu pointed out by many persons, that pro asbestos fibers. It has also been recommended that sure. It does not make sense to require employers to provide medical examina tection against asbestos libers Is best employees or their representatives should tions if thev cannot know- and use the obtained by controlling the generation of have an opportunity to observe the results of the examinations. For these fibers first, and sceondly. by controlling monitoring. The recommeidation has reasons the standard provides that em the dispersion of released fibers into the been accepted. ' ployers may have a restricted access to ambient air of the workplaces. Therefore, 5. Medical examinations. The pro some medical information. . the standard requires feasible techno posed standard would only require an On the other hand, there is no inten logical controls and appropriate work appropriate medical examination on a tion to allow employers to abuse medical practices as the primary means of com periodie basis. The generality of the pro information obtained pursuant to the pliance. Dotation of employees as a way posal lias attracted many objections and Act, to the detriment of employees. of meeting the TWA concentration re also many helpful comments. The recom Therefore, the administration of 'the quirement Is allowed only In stated ex mendations of NIOSH and of the Advi medical records .requirement will be ceptional circumstances, because, as a sory Committee on Asbestos,Dust were closely watched, and. in cases of abuse, general rule, it would be difficult to im much more specific with respect to both appropriate action will be considered. ' plement. Personal protective equipment, eueh ns respirators, cannot be relied upon because, among other reasons, they may be so uncomfortable as to be bur densome. except for short periods of frequency and type of medical examina tions to be required. The comments vary as to the class of employees to be ex amined and as to the frequency of the examinations. - The Issues discussed above arc believed to'be the major ones. Numerous other is sues have been raised in the rulemaking proceedings. Some have been referred to incidentally. Many recommendations, for time. Therefore, It is expected that res The adopted standard requires medical instance, about' work practices, are so pirators and shift rotation will be used examinations both at the beginning and obviously meritorious that their adop during the period necessary to install en the termination of employments exposed' tion needs no exposition here. Other gineering controls and to train employ to concentrations of asbestos fibers, and recommendations and many objections ees in sound work practices, but, after also requires annual medical examina have not been adopted for a variety of technological compliance has been tions of every employee exposed to air reasons which should be manifest. Sev achieved, their usejmist be limited to special work; situatmVrftnd-cmcrgcnclcs. borne concentrations of asbestos. It has been pointed out that in certain indus eral, for instance, have recommended the use of respirators only pursuant to a Where both are ''practicable, shift rota tries. such as construction, an employee variance, or in cases of emergency and tion Is required. may work for several employers during 3. labeling. The proposed standard the same year. Accordingly, the standard stopped short of requiring labeling as does not require either preemployment, occasional short-term exposures. The recommendation with respect to vari bestos and asbcstos-contninlng products. or termination, or periodie examinaton ances undoubtedly has many merits, The proposed standard would have re of any employee who has been examined but is considered administratively im quired only warning signs at locations in accordance with the standard within practical. where asbestos hazards are present. the past year. Accordingly, after consideration of the However, labeling rather than warning signs, has proved to be a point ot con troversy. Hoth NIOSH and the Advisory One question which has been raised goes to whether the employer or the em ployee should be allowed to choose the whole record of the proceeding, and pursuant to sections 6 (b) and (e) and Committee on Asbestos Oust recom examining physician. The standard 8(c) of the Williams-Steiger Occupa mended labels for asbestos products and gives the option to the employer. Since tional Safety and Health Act ot IS70 (84 containers, and these rccomincndntions some employers already have a medical Stat-1593. 1598, 1599; 29 OS.C. 655. became very controversial in the course of the proceeding. Many counterpro proposals have been made as to the lan guage of the warning as well as to the examination program in operation, and. also, have medical departments with some expertise in the diagnosis of nbestos-rclatcd diseases, it seems more 657), 29 CFR 1910.4, and to Secretary of Labor's Order No. 12-71 (36 FJt. 8754), Part 1910 of Title 29 of the Code of Fed products to be sublcct to the labeling reasonable to permit them to utilize the eral Regulations Is amended as set forth requirements. Employers. In general, present programs and expertise, than to below. strongly contend that (1) finished prod permit an employee to choose a private (1) Section 1910.93 is amended by re- ucts which effectively entrap asbestos general practitioner. tlslag Table 0-3 to read as follows: . tanu mouth, vol sr, no. ho--Wednesday, june y, i*n KNS00262169 11320 RULES AND REGULATIONS $.1920.93 Ail-contaminants. Tabu a-t-Mmuui Dim ^to which any employee may be exposed shall not exceed two fibers, longer than 6'micrometers, per cubic centimeter of air. as determined by the method pre SahsUne* . Nprt* Msno scribed in paracraph (c) of this section. (3> Ceiling concentration. No em *Jlkm Cnrstatttne: quarts ployee shall be exposed at any time to airborne concentrations of asbestos Stt' Sfcag/M- fibers in excess of 10 fibers, longer than &Ort* MOrt-3 5 micrometers, per cubic centimeter of Qautt (leUldoit),............. soneftt* air, as determined by the method pre CrfctfifcAUtr. UxHth* value calculated from tha mint er xui* formate* tor quarts. TrWymtte: Vm Vi the vilw calculated from lb for- mubeforquartc. Amorphous, Including natural. dtexomaecoas *ao+* scribed in paragraph (e) of this section. <e) Methods of compliance--(1) n- gineering methods. (1) Engineering con trols. Engineering controls, such as, but not limited to. isolation, enclosure, ex haust ventilation, and dust collection, DoW/W shall be used to meet the exposure limits prescribed in paragraph (b> of this MO. section. Ctttotrc (Imifau 1% eyr talUBnleas.U..f.c.a..).:................. ScopsIon*........................... Fcrltend cement.--.,..--.. Graphite <natural)--........... . Coal dost (rrrptribte Cracttoo -. fora than S*Oi)___ --. 7<rawnll)sal%B10a~.---- Inert cr Nuisance Dust: Rdptrabt* fraction--.--. <U) Local exhaust ventilation, (a) 90 Local exhaust ventilation and dust col lection -systems shall be designed, con structed, Installed, and maintained In <0 IS accordance with the American National XimtlSB Standard Fundamentals Governing .the Design and Operation of Local Exhaust Hmi/lP Systems. ANSI Z9.2-1971, which Is in %SOrf3 corporated by reference herein. <b> See 11910.6 concerning the avail IS 0 hns/U1 UapW ability of ANSI Z3.2-197I, and the maintenance-of a historic file in connec Not*: Convention factor*-- * SDppcfxasJ-mlUton particle* per cubic meter * particles per c.e. 4 Millions of particles per coble loot of air. based on Ssmtncer samples counted by bcht-firid taehnks. 1 The percentage of crystalline ultra In the formula If tb amount determined from atr-bomt samples, except In those instances in which other methods aavs been shown to be applicable. ,. Jts determined by the membrane filter method at 430 X phase contrast mnciuficauon. > Both concentration and percent quirts for the application of this Uroit are to bo determined from the traction passing a sU**ekcior with tha following characteristics: tion therewith. The address of the Amer ican National Standards Institute is given in f 1910400. ' . , (iii) 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 tems in accordance with subdivision (ill Aerodynamic diameter (unit density sphere) Percent paastaf aetector - of this subparagraph. (2)Work practices--(1) Wet methods. Insofar as practicable, asbestos shall be * SO XI .. ri as SO fct . 9S bandied, mixed, applied, removed, cut. scored, or otherwise worked in a wet state sufficient to prevent the emission of airborne fibers in excess of the ex posure limits prescribed in paragraph The nrmrrnfnts under tble nott refer to the or* t on A EC butniment. H the rentable fnetlsa ( cotl duet b detemilned with > MRB the Hcur* eoimpondlnr (b) of this section, unless the usefulness of the product would be diminished lo tbitof3.4 Its,M* in the table for cool dust b4Abic/M>. thereby. 3. A new I 1910.93a Is added to Part 1910, reading as follows: (11)Particular products and opera tions. No asbestos cement, mortar, coat ing. grout, plaster, or similar material $ 1910.93a Aebrsloe. containing asbestos shall be removed (a) Definitions. For the purpose oi this section, (1) "Asbestos" includes chrysotilc. amosite. crocidoiite. tremo- llte, anthopliyliite. and actinolite. (2) "Asbestos fibers'* means asbestos `fibers longer than 5 micrometers. (b) Permissible exposure to airborne concentrations of asbestos fibers--(1) Standard effective July 7. 1972. The 9-hour time-weighted average airborne concentrations or asbestos fibers to whleh any employee rosy be exposed shall not exceed five fibers, longer than 5 micrometers, per cubic centimeter of air, ns determined by the method pre scribed in paragraph (e> of this section. (2) Standard effective July 1. l`J7. The 8-hour time-weighted average air borne concentrations of asbestos fiber* 1mm bags. cartons, or other containers in which they arc shipped, without being either wetted, or. enclosed, or ventilated so as to prevent effectively the release of airborne asbestos fibers in excess of the 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, stnicturcs. 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 witn paragraph (d) (2) (111) of this section and with special clothing in ac cordance with paragraph id) (3) of this section. ,d> Personal protective eautpment-- (I) Compliance with the exposure limits prescribed by paragraph <b> of this sec tion may not* be achieved by the use of respirators or shift rotation of em ployees, except: ill During the time reriod necessary to install the engineering controls and to institute the work practices required by paragraph <c) of this section; Oil In work situations in which the methods prescribed in paragraph <c) of this section are either technically not feasible or feasible to an extent insuffi cient to reduce the airborne concentra tions of asbestos fibers below the limits prescribed by paragraph (b) - of this section: or . fill) In emergencies. . (iv) Where both respirators and per sonnel rotation are allowed by subdivi sions (1), til), or (iii) of this subpara graph. and both are practicable, person nel rotation shall be preferred and used. ..<21. Where a respirator is permitted by subparagraph (1) of this paragraph, it shall be selected from among those ap proved bv the Bureau of Mines. Depart- ment of the Interior, or the National In stitute for Occupational Safety and Health, Department of Health. Educa tion. and Welfare, und" the provisions of 30 CFR Part 11 <37 FJl. 6244. Mar. 25. 1972), and shall'be used in accordance with subdivisions tl>, <U), fill), and (lv> of this subparagraph. fi> Air purifying respirators. A reusa-. ble or single use air purifying respirator, or a respirator described in subdivision (II) or (iii) of this subparagraph, shall be used to reduce tha concentrations of airborne asbestos libers in the respirator below the exposure limits prescribed in paragraph <b> of this section, when the celling or the 8-hour time-weighted aver age airborne concentrations of asbestos fibers are.reasonablv expected to exceed no more than 10 times those limits. (11) Powered air purifying respirators. A.full facepiece powered air purifying respirator, or a powered air purifying respirator, or a respirator described in subdivision (iii) of this subparagraph* shall be used to reduce the concentra tions of airborne asbestos fibers in the respirator below the exposure limits pre scribed in paragraph <b> of this section, when the ceiling or the 8-hour time- weighted average concentrations of asbestos fibers are reasonably expected to exceed 10 times, but not 100' times, those limits. . . (Iii) Type "C" supplied-air respirators, continuous flow or pressure-demand class. A type "C" continuous flow or pres sure-demand. supplicd-alr respirator sltall be used to reduce the concentra tions of airborne asbestos fibers in the respirator below the exposure limits pre scribed in paragraph (b) of this section, when the ceiling or the 8-hour time- weighted average airborne concentra tions of asbestos fibers are reasonably expected to exceed 100 times those limits. . (iv) Establishment of a respirator pro gram. (a) The employer shall establish a respirator program In accordance with rTOtlAl RECISTH. VOL 37, NO. 110--WEDNESDAY, JUNE 7, 1*72 KNS00262170 ) RULES AND REGULATIONS 11321 the requirements of the American Na tional Standards Practices lor Respira tory Protection. ANSI Z88.2-1DG9, which Is incorporated 'by reference herein. See 11910.6 concerning the avail ability of ANSI Z88.2-1969 and the main tenance of on historic file in connection therewith. The address of the American National Standards Institute is given in 11010.100. - ' (e) No employee shall be assigned to requiring the use of respirators if. wliere asbestos fibers are released to be monitored in such a way as to determine whether every employee's exposure to asbestos fibers is below the limits, pro scribed in paragraph tb> of this sec tion. If the limits are exceeded, the em ployer shall Immediately undertake a compliance program in accordance with paragraph <c> of this section. 12) Personal monitoring--<l> Sam ples shall be collected from within the breathing zone of the employees, on subparagraph shall conform to the re quirements of 20" x 14" vertical format signs specified in 11910.145(d)(4), and to this subdivision. The signs shall dis play the following legend in the lower panel, with letter sizes and styles of a visibility at least equal to that specified in this subdivision. - Legend /totalto* Asbestca ..... 1" sans Serif, Oothlc or Block. based upon his most recent examination, membrane filters of 0.8 micrometer po- Dust Hazard. V Sans Serif, an examining physician determines that rossity mounted in an open-face filter aolhte or 1 the employee will be unable to function normally wearing a respirator, or that the safety or health of the employee or other employees will be impaired by his- holder. Samples shall be taken lor the determination of the 8-hanr timeweighted average airborne concentra tions and of the ceiling concentrations of Avoid Breathing Dust--- Wear Assigned Protective Equipment. Do Not Remain In Area Block. V* Oothlc. 14" Oothlc. U" Gothic. Use of a respirator. Sueti employee shall asbestos fibers. " Unless Tour Work Re be rotated to another job or given tire (li) Sampling frequency and patterns. quires It. opportunity to transfer to a different po After the initial determinations required Breathing Asbestos Dust 14 point Gothic- sition whose duties he is able to perform by subparagraph (1) of this paragraph, May Be Hazardous To with thesame employer, in the same geo samples shall be of such frequency and Tour Health. graphical area and with the same senior pattern as to represent with reasonable Spacing between lines shall be at least ity, status, and rate of pay he had just accuracy the levels of exposure of em equal to the height of the upper of any prior to such transfer, if such a different ployees. In no case shall the sampling be two lines. L_ position Is available. <3> Special clothing: The employer done at intervals greater than 6 months for employees whose exposure to asbestos (2) Caution labels--U) Labeling. Cau tion labels shall be affixed to all raw shall provide, and require the use of. spe may reasonably, be foreseen to exceed materials, mixtures,-scrap, waste, debris, cial Clothing, such as coveralls or similar the limits prescribed by paragraph (b) and other* products, containing asbestos 1 whole body clothing, head coverings. of this section. . fibers, or to their containers, except that ' gloves, and foot coverings for any em (3) Environmental monitoring--(I) no label is required where asbestos fibers ployee exposed to airborne concentra samples shall be collected from areas of have been modified by a bonding agent, tions of asbestos fibers, which exceed the a work environment which are represent coating, binder, or other material so that celling level prescribed in paragraph (b)' ative of the airborne concentrations of during any reasonably foreseeable use, of`this section. asbestos fibers which may reach the handling, storage, disposal, processing, or (4) Change rooms: (11 At any fixed breathing zone of* employees. Samples transportation, no airborne concentra place of employment exposed to airborne' shall be collected on a membrane filter tions of asbestos fibers in excess of the concentrations of asbestos libers in ex of 0.8 micrometer porosity mounted in exposure limits prescribed in paragraph cess of the exposure limits prescribed in an open-face filter holder. Samples shall (b) of this section will be released. paragraph <b> of this section, the em be taken lor the determination of the 8- (it) Label specifications. The caution ployer *hn provide change rooms for employees working regularly at the place. (it) Clothes lockers: The employer shall provide two separate lockers or con tainers for each employee, so separated or as to prevent contamination hour time-weighted average airborne concentrations and of the ceiling con centrations of asbestos fibers. (ii> Sampling frequency and patterns. After the initial determinations required by subparagraph (1) of this paragraph, labels required by subdivision U) of this subparagraph shall be printed in tetters of sufficient size and contrast as to be readily visible and legible. The label shall state: ' Caution of the employee's street clothes from his samples shall be of such frequency and .fork cipttiffflr, pattern as to represent with reasonable (111) laundering: (a) Laundering of accuracy the levels of exposure of the Contains Asbestos Fibers Avoid Cresting Dust asbestos contaminated clothing shall be employees. In no case shall sampling be done so as to prevent the release of air at intervals greater than 6 months for Breathing Asbestos Dust May Cause Serious Bodily Harm borne asbestos fibers in excess of the ex employees whose exposures to asbestos (h) Housekeeping--(1) Cleaning. All posure limits prescribed in paragraph <b) may reasonably be foreseen to exceed external surfaces in any place of employ of this section. ` the exposure limits prescribed in para ment shall be maintained tree of aecu- (W Any employer who gives asbestos- graph (b) of this section. mulations of asbestos fibers If, with their conlaminated 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. (e) Contaminated clothing shall be transported in scaled impermeable bags, or other dosed, 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 filler method at 400-450 x (magnification) (4 millimeter objective) with phase contrast Illumination. <f> Monitoring--(1) Initial determi nations. Within c months of the publi cation of this section, every employer <4) Employee observation of monitor- . dispersion, there would be on excessive ing. Affected employees, or their rep concentration. 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. (1) Cau tion signs, (i) Posting. Caution signs (2) Waste disposal. Asbestos waste, scrap, debris, bags, containers, equip ment, and asbestos-contaminated cloth ing, consigned for disposal, which may produce in any reasonably foreseeable use, handling, storage, processing, dis shall be provided and displayed at each posal, or transportation airborne concen location where airborne concentrations trations of asbestos fibers in excess of the of asbestos fibers may be in excess of the exposure limits prescribed in paragraph exposure limits prescribed in paragraph <b> of this section shall be collected and v lb) of this section. Signs shall be posted disposed of In scaled impermeable bags, ' at such a distance from such a location or other closed, impermeable containers. so that an employee may read the signs (i) Recordkeeping--tl> Exposure rec and take necessary protective steps be ords. Every employer shall maintain rec fore entering the area marked by the ords of any personal or environmental signs. Signs shall be posted at oil ap monitoring required by this section. Rec proaches to areas containing excessive ords shall be maintained for a penod of concentrations of airborne asbestos at least 3 years and shall be made avail fibers. able upon request to the Assistant Secre (Ill Sign specifications. The warning tary of Labor lor Occupational Safety alia)) cause c-very place of employment signs required by subdivision U) ol tins and Health, the Director of ttie National rtDUAt MGIJTtl, VOL 37, NO. 1IO--WEDNESDAY, JUNE 7, 1*73 KNS00262171  11222 . RULES AND REGULATIONS Institute tor Occupations! Safety and Health, and to authorized representa tives of rithcr. (2) Employee access. Every employee and former employee shall have reason able access to any record required to be maintained by subparagraph (1) of this paracraph. which indicates the em ployee's own exposure to asbestos fibers. <31 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 paracraph <b) of this section shall be notified In writinc 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--(II Gen eral. The employer shall provide or make available at his cost, medical examina tions relative to exposure to asbestos requlred by this paragraph. (21 ^replacement. 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 rirborne con centrations of asbestos fibers, a compre hensive medical examination, which shall Include, as a minimum, a chest roent genogram (posterior-anterior 14 x 17 fitches), 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 (FEVi.J. (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, as 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 (FEVi.). tions. Records shall be retained by employer* for at least 20 year*. (11) Access. The contents of the rec ords of the medical examinations required by this paragraph shall be made available, for Inspection and copying, to the Assistant Secretary o( 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 Ills physi cian. Any physician who conducts a medical examination required by this paragraph shall furnish to the employer of the examined employee all the infor mation specifically required by this paragraph, and any other medical in formation related to occupational ex posure to asbestos fibers. 3. A new i 1910.19 is added to Subpart B of Fart 1910, reading as follows: $1910.19 Anbeilo* du*t. Section 1910.93a shall apply to the ex posure of every employee to asbestos dust in every employment and place of employment covered by f 1910.12, 11910.13.11910.14, i 1910.15. or i 1910.16, in lieu of any different standard on ex posure to asbestos dust which would otherwise be applicable by virtue of any of those sections. Effective date. Paragraph (b)(2) of i 1910.93a shall become effective July 1, 1976. All other provisions of ii 1919.93a. 1910.93, and 1910.19 shall become effec tive July 7,1972, The current emergency temporary standard remains in effect until July 7. 1972. . (See*. e. e, M out. 1S93,168*; 39 VSXS. 8SS, 6S7; 39 cm 1910.4; eeeieury of Labor's Older No. 13-71, 39 FR. B7M) Signed at Washington, D.C.. this 2d day of June 1872. O. C. Gvxnthei. Assistant Secretary of Labor. fm noe.73-s974 rued 9-9-73,9:49 am] (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 ah occupation exposed to airborne concentrations of asbestos fibers, a compfehcnstve 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 <EEV,.). . .(5) Recent examinations. Vo 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--(i) Mainte nance. Employers of employees examined pursuant to tins paragraph shall cause to be maintained complete and accurate records of all such medical examina K0IIM K0ISTIK, VqL 37, NO. HO--WIONISDAV, JUNI 7, 1973