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FILE NAME: Abex (ABX) DATE: 1977 Oct 31 DOC#: ABX158 DOCUMENT DESCRIPTION: FMSI Bulletin - CA Dept of Health-Reporting of Asbestos by Brake Repair Facilities FRICTION MATERIALS STANDARDS INSTITUTE, INC. ,> E-210 ROUTE #4 BULLETIN HO. 6 1 3 O ctober 31, 1977 C a lifo rn ia Department o f H ea llth --R eporting of A sbestos Use by Brake Repair F a c ilit ie s The C a lifo r n ia Department o f H ealth issu e d an open l e t t e r to Motor V e h icle and brake r e p a ir f a c i l i t i e s in August 1977 concern ing t h e ir r ep o rtin g on th e u se o f a s b e s to s . The n o tic e headlined such item s as reporting use of a sb esto s, p en a lties, the procedure for reporting, the regulation w ith item s on in s p e c tio n and d is p o s a l o f w a ste . As t h i s open l e t t e r tas a d d ressed t o m otor v e h i c l e and brake repair f a c ilit ie s i t is intended s p e c ific a lly for th o s e who do any work on brake l i n i n g s and c lu tc h f a c i n g s , and t h i s in c lu d e s p roced u res such a s b lo w in g o u t b ralee d u s t , grin d in g , sanding, d r illin g or chamfering o f brake lin in g s or clu tch fa c in g s. A copy o f t h is l e t t e r i s se n t to you s o th a t you may a l e r t your custom ers i n th e C a lif o r n ia market i f they have not already been ad vised . E..N. D rislane E xecutive D irector CC: A c tiv e Members ( l i s t C) R eg io n a l Members w ith U. S. C op yright SPNY 004747 SIA /f O' CAIIfORNIA HfAlIH ANO W U fA Rt AGS N r* d e pa r t m e n t o f health 1 4 - 7 4 4 P STREET ACRAMfNTO. CAllfORNIA 93814 (415)R43-7`>00 Ext. 306 COMUNO G. b r o w n J R . C z - r . ' . August 1977 AN OPEN LETTER TO MOTOR VEHICLE AND BRAKE REPAIR FACILITIES SUBJ ECT: Reporting Asbestos Use This letter is intended to make you aware that California employers who use or work with asbestos face new legal responsibilities for worker protection as part ol an expanded State progiam to pi event jo re a c canccrf As you know, brake linings and other friction materials used in your industry contain asbestos, which in fiber form is a known cause of human cancer. 1 The State's new Occupational Carcinogens Control Act seeks to prevent exposure of employees, employers and others to asbestos and 15 other State-regulated cancer-causing substances in the work place. 1 he Itrs new obligation for employers is to report the use of these materials. REPORTING ASBESTOS USE Automotive repair facilities that are registered with the Stare Bureau of Automotive Repair (BAR) do not have ^ report dte use of asbestos because they are obliged to register annually with the bureau. But they are not otherwise exempt from State regulations requiring that employees be protected from unsafe exposure to asbestos dust. ' Brake and clutch repair facilities which arc not registered with the BAR must report to the chief of the Division of Industrial Safety (D1S) as asbestos users if work practices arc used which can create dust T hese work practices include: blowing oht brake dust with compressed air, of the grinding, sanding, drt tng, arcing or beveling of brake shoes or clutch facings. If these dusty work practices arc not used, reporting is not required. ' . ... PENALTI ES Reporting must be done by September 1. 1977. After that date there is a 5500 fine for failing to report: to the chief of D1S. Effective July 1, 1977. there arc 51,000 fines for serious safety violations of Cal/OShj/\ regulations involving asbestos and a 55,000 fine for repeat infractions. REPORTING PROCESS Repair shops, garages, automobile dealers, and other facilities registered with the State Bureau of Automotive Repairarc automatically registered with the chief of DIS and need not follow the reporting process described below. These facilities arc also exempt from the 5500 fine for failure to report to the chief of DIS. SPNY 004748 For shops, garages, and other facilities which arc not registered with BAR, the reporting process is simple. All an employer must do is send a letter to the Chief of the Division of Industrial Safety. 455 Golden Gate Avenue, San Francisco, CA 94102. Include the following information: -- -- -- , -- Name and address oflocations where asbestos is used. Number of employees working with asbestos, including maintenance personnel. Manner in which asbestos or asbestos-containing products arcprocessed, or otherwise handled. Names and addresses of any collective bargaining representatives or other representatives of affected employees. . If you prefer, forms for this purpose arc available from the above address. _ ' ' ' ' . THE REPORTING REGULATION ' The regulation requiring reporting as passed by the Cal/OSHA Standards Board is quoted below. Part (B) ' applies to clutch and clutch repair facilities as well as brake repair facilities. NOTE: Reporting is not necessary if you avoid the dust-producing work practices listed in part (B), or if you arc registered with BAR. Operations Processes Requiring Reporting; . . .. (A) Any use, handling,disposal, processing, manufacturing, packaging or repackaging o f asbestos or asbestos-containing products which require labeling by Subsection (i)* of this section. (B,i Brake repair and clutch repair operations where asbestos-containing frictional materials are processed in a manner which may produce airborne asbestos fibers, such as grinding, sanding, drilling, brake shoe arcing and beveling, or removing asbestos-containing dust with compressed air. Automotive repair facilities which are registered with the State Bureau of Automotive Repairs meet the registration requirements of this subparagraph, but arc not otherwise exempt from this Section. (C) Maintenance, construction, repair, renovation, demolition or salvage activities in which any ^ materials containing more than 1% asbestos (dry weight) are sanded, ground, abrasive blasted, sawed, cut,shoveled, removed, or otherwise handled in such manner that asbestos ' dust would be raised. ' , (D) Any other use where employee exposure exceeds the concentrations o f airborne fibers given in Subsection (a).* NOTE: The ordinary use, handling, or installation of products which do not require labeling under Subsection (i)* are exempt from the reporting requirements. Examples of non-labclcd products include but arc not limited to, vinyl-asbestos floor tile, resilient sheet flooring, packings and gaskets, fibrated asphalt coatings and coated asbestos cloth. Operations such as retail, wholesale, warehousing, transportation or distribution of products requiring labeling are exempt from reporting requirements providing such products arc handled or stored in scaled or unbroken containers. 4Sec State General Industry Safety Orders Section 5208. - - S P N Y 004749 INSPECTIONS , - a This new Act ru . c r, t{, Dcna-tmcnt of Health to inspect work places where cancer-causing ,,,,,, ,, sib iU tv for enforcing these safety and health standards, as with all other " 5 " rTd heath standards,tests wltit the State D M . of Industrial Safety in the State Department of Industrial Relations. h is intpottan. to note that even though facilities exempt from reporting requirements, they arc not exempt from -a / - compliance with regulations on asbestos. ** FOR REGULATIONS AND MORE INFORMATION y *1 . Free copies o f regulations on asbestos and information on how to protect workers may be obtained by contacting one of the State Health Department offices listed below: In Northern California In Southern California State of California Occupational Health Branch Occupational Cancer Control Unit 2151 Berkeley Way Berkeley, CA 94704 State of California Occupational Health Branch Occupational Cancer Control Unit 1449 West Temple Street Los Angeles, CA 90026 (415 ) 843-7900, Ext, 300 (213) 1,20-4290 . F.MPI.OYF.E COMPLAINTS Tbc law requires rbc Scare Deparrmcn. o f Heal.b and the complaints from employees regarding potentially unlawful use of the regulated cancer ca g their work places. Priority is given to investigation of such complaints. . NO-CHARGE CONSULTATION programs. These services will be provided on request by any employer or employee. RECOMMENDED WORK PRACTICES asbestos dtst collected should be disposed of in sealed impermeable bags or containers. SPNY 004750 DISPOSAL TIic Department of Health, Vector anti Waste Management Section, has designated asbestos-containing waste as hazardous wastes. Waste consisting of.spent brake linings, dust, cuttings, or other materials which contain asbestos, should be packaged and in sealed, non returna hie containers (c.g. double plastic bags) from which asbestos fibers cannot escape. The contents should be welted to prevent the production o! airborne asbestos fibers in case the container is broken. These containers mav be placed in your regular solid waste bin for transportation to the disposal site. For additional information on the requirements for disposal of asbestos-containing wastes, contact the Vector and Waste Management Section Office nearest you. Headquarters Office 744 P Street Sacramenti-, C A 95814 (9 lf>) 322-2337 Berkeley Office ................. t ! H 2151 Berkeley Way Berkeley, CA 94704 (415) 843-7900, Ext. 434 Los Angeles Office Post Office Box 30327 1449 W. Temple Street Los Angeles. CA 90026 (213) 620-2380 The General Industry Safety Orders (Section' 5208 (i)(2)) require this caution label to be attached to containers of asbestos waste: CAUTION Contains Asbestos Fibers Avoid Creating Dust Breathing Asbestos Dust May Cause Serious Bodily Harm The State Department of Health and the State Department of Industrial Relations provide this information to employers now to alert them to their major legal responsibilities under the Occupational Carcinogens Control Act and to give maximum lead time to planning to achieve health and safety standards mandated by the law. Both Departments will work cooperatively with employers in the interests of improved worker safety and health. ' Sincerely, Director of industrial Relations and Designated Administrator forCal/OSHA - P N Y H751