Document mmDQmYgnNZwr7ZE4Bv02d7N1B

V/ xj \ i jL. OSHA Instruction CPL Office of Health Compliance Assistance Subject: Inspection Procedures for 29 CFR 1910.1001 -- Asbestos, Tremolite, Anthophyllite, and Actinolite Standard A. Purpose. This instruction establishes policies and ptovTdeTs clarification to ensure uniform enforcement of 29 Courts TOO if--Asbestos, tremolite, anthophyllite, and 'actinoilteT B. Scope. Thi instruction applies OSHA-wide. C. References. 29 CFR 1910.1200--Hazard Communication Standard D. Cancellation. This instruction cancels OSHA Instructions CPL 2-2.2 and CPL 2-2.21A. E. Action. OSHA Regional Administrators and Area Directors shall ensure that the guidelines presented in this instruction are followed. The Directorate of Field Operations shall provide whatever support is necessary to assist the Regional Administrators and Area Directors to enforce the asbestos, tremolite, anthophyllite, and actinolite standard. F. Federal Program Change. This instruction describes a Federal program change which affects State programs. Each Regional Administrator shall: 1. Ensure that this change-is forwarded to each State designee. 2. Provide a copy of the Federal Recister notice to the State designee upon request. 3. Explain the technical content of the Federal Recister notice to the State designee upon recuest. 030572 . m3i OS:;.1. I r. : r - : : l : - C P L Office of Health Compliance Assistance i? <n 11 *U lU ID I. Regional Incut. Regional Administrators and Area Directors snail communicate ail related difficulties to tne Office of Health Compliance Assistance, Directorate of Field Operations. J. ' Inspection Guidelines. The following guicance provides enerai framework that is designed to assist tne CSHO h inspections. 1. CSHO Protective Equipment. CSHOs shall determine during the opening conference the types of personal protection needed in the workplace. A review of employer air monitoring may be neces sary during the opening conference to assist in determining the types of protection necessary before the walkaround begins. 2. Definitions--1910.1001 (b V. Specifically note worthy is the definition for the term "Asbestos". The definition broadens the meaning to include all known forms of asbestos regardless of whether or not they have been chemically treated. 3. Exposure Monitoring. This section requires employers to complete initial monitoring within 120-days from the publication of the standard. Personal monitoring is to be performed within the breathing zone of employees. Samples taken must be representative of all potentially exposed job classifications on all shifts. All job classifications with exposures abov the action level must be remonitored at lea every six-months. Such monitoring may be discontinued where the results of monitor!.-, support a statistically reliable reduction a level below the action level. Objective Data. No air monitoring is recu tree where the employer has reliaole information supporting a technical claim t.nat a product will not expose employees above me ^ ^ c . ^ 2 1 c c o ^ " * v " ^ o a 2 r*. ^ C'1"* p <ns Un r: n( On samples taker, -tore than 7 days apart are necessary no serve as an indication of employee exposures. f. Additional Monitoring. As in all OSHA expanded healer, standards additional monitor ing must be performed whenever a personnel, work practice, process or other chance such as environmental factors that may influence ambient conditions or any other relevant condition is encountered. g. Operational Variability. Many factors effect airborne contaminant levels. Significant variations in ambient concentrations car. result for reasons ranging from production changes to process upset. CSHO's shall speak to employees to document the frequency and existence of conditions that may result in varying exposure levels. These factors must be considered during the evaluation of the employers monitoring program. Peculated Areas. Paragraph (e)(1) requires employers to establish regulated areas as soon as possible after the results of the initial moni toring, but no later than 150 days from the date of publication in the Federal Register. a. The CSHO shall review and evaluate the employers initial monitoring data (i.e., area and personal sampling results) to determine if a valid method was used in establishing regulated areas. CSHOs may determine valid methods by examining the following: (1) If qualified personnel conducted the sampling, 090574 Office of Healer. Comoliance Assistance cior. with respiratory protection capable of further reducing employee exposures to or below the PEL. (2) Paragraph (f)(1)(vii) prohibits the spraying of materials containing asbestos, tremolite, anthophyllite, or actinolite. (3) Paragraph ()(l)(ix) prohibits the use of compressed air to remove asbestos tremolite, anthophyllite, or actinolite or materials containing them unless used in conjunction with a ventilation system capable of capturing the dust cloud. i (4) Assessing encineerinc and work practice controls. All engineering and work practice controls are required to be installed as soon as possible but no later than 25 months from the date of publication of the standard in the Federal Register or 12 months after the compliance plan must be completed. (a) Documentation of violations of (f)(1) prior to the expiration of the 25 months period"! ~ In order to demonstrate that the employer did not install a particular engineer ing or work practice control as soon as possible the CSHO must document that: feasible controls are avail able 2 the controls are capable of reducing employee exposure P" n. n uJ^O t J 03HA - r.structicn ^ Office of Health Compliance Assiscar.cs : All testing including point source ies where necessary, reuse be completed in the 13 month period alloted by the standard for completion of the compliance plans. {1) Assessing Compliance Procrams. (a) The compliance program should contain at least the following: 2 a description of the process which exceeds the PEL, and an indication of the factor(s) which apparently are causing the overexposure(s) 2 a description of the engineer ing and/or work practice controls that are to be implemented to reduce employee b exposure to or below the PEL 2 a time table for the implemen tation of the engineering/work practice controls. 4_ Where permitted by the standard, a description of the combination of engineering controls, work practice controls, and respiratory protection that will be used to achieve the PEL. (b) Administrative controls. Paragraph (f)(2)(iv) prohibits the use of employee rotation to achieve comcliahee with the PEL. ( 2 ) S There are no oarallel prov isior.s in the asbestos standard issued in une, 1 5T2 as amended and oubl ished n 29 CP?. 19 13.1001 ; ' 9 2 5 r.e es tabl ishment and mpl ^ -- PU dQ uf\otr; < pO OSKA Instructior. C ? L Office of Health Como .ance A5s15 ance 2 changes in employee exposure -- levels subsequent to the last revision of the compliance program 6 Resoiratorv Protection. Paragraph (c) of the s rand art requires employers to provide and ensure the use of respirators where employees are exposed in excess of the PEL. Some of the significant changes from the requirements of the asbestos standard issued in June 1972 as amended and published in 29 CFR 1910.1001(1985) are as follows: a Respirator selection. The respirator selection table is presented in the standard as Table I. In addition, paragraph (g)(2)(i) requires employers to. furnish employees with powered air purifying respirators whenever: The employee chooses to use this type of respirator. (2) The powered air purifying respirator will provide adequate protection to the employee. b Respirator program. Paragraph.(g}(3) requires the employer to estabiisn a res pirator program. ,The .respirator program must (1) Be in accordance with 29 CFR 1910. 1 34(b),(d),(e) and 1: f). (2) Allow employees to leave the regulated area to wash their faces and respirator facepieces (3) Provide for the removal of employees from the regulated area if an examining d6"^rir.*5s *nsz -^6 will be unable to function normally wearing a respirator. The employer will . G30577 OSKA Ins:ruc:ior. CPL Office of Health Compliance Assistance a. Appropriate protective work clothing include, but is not limited to the following: (1) Coveralls or similar full-body work clothing (2) Gloves, head coverings, and foot coverings (3) Face shields, vented goggles, or other appropriate protective equipment which complies with 29 CFR 1910.133 b. Removal and storage. Paragraph (h)(2)(i) requires employers to ensure that employees remove all contaminated working clothing in change rooms provided in accordance with .paragraph ( i) {1 ) of the standard. (1) All contaminated work clothing shall be placed and stored in-containers which prevent the dispersion of asbestos, tremolite, anthophyllite, and actinolite outside the container. (2) Paragraph (h)(2)(iv) requires employers to label containers containing contami nated protective devices or work clothing which are to be taken out of change rooms or the workplace for cleaning, maintenance or^disposal. Containers not properly labeled will result in a violation of 29 CFR 1910.1001 (j}(2). c. Cleaning and Replacement. Paragraph (n)(3 ) (1) requires the employer to clean, launder, repair, or replace protective clothing and equipment to maintain their effectiveness. Clean clothing and equipment shall be provided at least weekly. i: The removal of asoestes, tremolite, a.mthopnyllite, and artinoiite oy blowing or shaking is prohibited by paragraph I > vf'"-1; ,*,,"-! oV1 OSKA Instruction CPL Office cf Health Compliance Assistance (1) Identitv of the product, reference 29 CrR 1910. 1200(f)'' ij ( i) and (2) The name and address of the chemical manufacturer or importer, reference 29 CFR 1910.1200 (f)(i)(tii). (Note: For shipped products only). b Material Safety Data Sheets (MSDS). MSDS must comply witn the HCS requireme.ots. The MSDS must also reflect all other hazardous components. c Transmission of MSDS and Labels. Paragraph (j ) (4) of the standard establishes a differ ent criteria than the HCS for the creation of labels and MSDS's for the asbestos constituent of a product. Essentially the asbestos constituent of a product does not have to be communicated by labels or on the Mbs unless: (1) Exposure above the action level can occur during any forseeable use or, (2) A combination of these minerals are present in the product at 0.1 percent or above. d Employee Information and Traininc. Employee information and training, section 1910.1001- (j)(5) supersedes the information and training provision of the HCS. (1) The employer needs to institute a training program only when employees are exposed to asbestos at or above the action level. Training may be in a language other than english. (2) The e f f e c tiv e n e -a program must be a * a a - a review of tr.e p n1 ou sous or. 030579 Office of Health Comoiiance Assistant: (c) Tne engineering controls and work practices associated with the employee's job assignment (e) The specific procedures implemented to protect employees from exposure to asbestos, tremolite, a.nthophyllite, or actinolite, such as appropriate work practices, emergency and clean-up procedures, and personal protective equipment to be used (f) The purpose, proper use, and limitations of respirators and protective clothing (g) *w The purpose and a description of the medical surveillance program required by paragraph (1) of this standard (h) A review of this standard, includ ing appendices e. Access to information and training require ments . Paragraph (j)(5)(iv) requires he employer to make available without cost, a copy of the standard and its appendices to all employees exposed ,at or above the action level. 10. Housekeeping. a. CSHO shall determine and observe clean-up methods where feasible to evaluate whether proper techniques are being utilized. Poor housekeeping work practices are well documented sources of significant exposure. 0. Exposure resulting from clean-up shall be included as part of an employees exposure when clean-up is a normal part of the duti.es attached to the occupation being evaluated. C305S0 OSHA Instruction CPL Office of Health Compliance Assistance Recordkeepinc. Paragraph (m) of the standard requires the employer to maintain records cf employee exposure measurements, of objective data on which an exemption from the standard is based under paragraph (d)(2)(tii), of employee medical surveillance, and of employee training. CSHC's shall examine the employer's record to determine, if they are being maintained accurately, com pletely and in accordance with this standard. a. Exposure records. The CSHO shall examine employer exposure data as well as OSHA air sampling results to determine if the employer is in compliance with all of the provisions of the standard that are triggered by the action level and the PEL. i b. Medical Records Examination. The CSHO shall examine a representative number of employee medical surveillance records to ensure that tlt* medical records are complete, are accurate, and are up to date. Paragraph (m) (5)(i) requires the employer to furnish the records to OSHA. When the requested medical records are employee identifiable, the records shall be obtained in accordance with the requirements of 29 CFR 1910.20{e){3){ii), and the Field Operations Manual (FOM). c. Effective Date. The effective date for the recordkeeping requirements of the standard is 30 days from the date of publication of the standard in the Federal Register. However, many of the provisions of the standard which require that data be obtained dc not go into effect for several months following the effective date of the standard. The effective dates of these provisions are as follows: ( 1 ) nitiai exposure monitor rom oublication 120 o i za'ss f U. S. Department of Labor GBObbi jul Occupational Safety and Health Administration 525 Griffin Street, Room 602 Dallas, Texas 75202 Reply to the Attention of: 6QSHA (TS) fEMORANDUH FOR: BARRY J. WHITE Acting Director Directorate of Health Standards ATTENTION: THROUQi: JOW HARTON1K * Directorate of Field Operatlo^p i/ SUBJECT: Clarification of New Asbestos Standard (29 CFR 1926.56) for Construction OSHA DFo a 14541 This- is to request clarification of the new asbestos standard (29 CFR.......... 1926.56) as it applies to the construction industry. i! Ubder paragraph 29 CFR 1926.56(a), the scope and application of the standard - ' is discussed. It is stated that the standard applies to all construction work including demolition and salvage of structures where asbestos is - present, sod marvel d*aocapsulatioo of asterials containing asbestos. I have received several requests for clarification of the scope of this * standard. - CbftstruetloK in the 29 ffR 1926.56 asbestos standard is nov.-:. defined by any SIC codes but is defined bgr the type of activity; i.e., rrsnml. dasolition, repair, ate. In a general industry establishaent where reeoval or repeir is taking place and theae activities are being conducted by a eelntenance ere*-(not contractors), does the 29 OT? 1926.58 standard apply where those activities described in its scope; i.e., resovel, repeir, demolition, are taking place? Your assistance in clarifying this natter will be appreciated. GILBERT J. SAULTER Regional Administrator u V ' /^f ^ 090562 OSHA Instruction CPL Office of Health Compliance Assistance DRAFT JU. 9 086 Subject: Inspection Procedures for 29 CFR 1926.58-- Asbestos, Tremolite, Anthophyllite, and Actinolite Standard A. Purpose. This instruction establishes policies and provides^ clarification to ensure uniform enforcement of 29 CFlf f26.T`3T8,*-Asbestos, tremolite, anthophyllite, and actinolite. B. Scope. This instruction applies OSHA-wide. C. References. D. Cancellation. E. Action. OSHA Regional Administrators and Area Directors shall ensure that the guidelines presented in this instruction are followed. The Directorate of Field Operations shall provide whatever support is necessary to assist the Regional Administrators and Area Directors*bo enforce the asbestos, tremolite, anthophyllite, and actinolite standard. F. Federal Program Change. This instruction describes a Federal program change which affects State programs. Each Regional Administrator shall: 1. Ensure that this change is forwarded to each State designee. 2. Provide a copy of the Federal Register notice to the State designee upon request. ........ 3. Explain the technical content of the Federal Register notice to the State designee upon request. 2. / GJ05S3 DRAFT OSHA Instruction CPL JUL 9 1986 Office of Health Compliance Assistance I. Regional Input. Regional Administrators and Area Directors shall communicate all related difficulties to the Office of Health Compliance Assistance, Directorate of Field Operations. J. Inspection Guidelines. The following guidance provides a general framework that is designed to assist the CSHO with inspections. 1. CSHO Protective Equipment. CSHOs shall determine during the opening conference the types of personal protection needed in the workplace. A review of employer air monitoring may be neces sary during the opening conference to assist in determining the types of protection necessary before the walkaround begins. 2. Definitions--1926.58(b). Specifically noteworthy is the definition for the term "Asbestos". The definition broadens the meaning to include all known forms of asbestos regardless of whether or not they have been chemically treated. 3. Communication Among Employers. 29 CFR 1926.58(d) requires employers engaged in asbestos work to notify other employers on the worksite of the nature of the asbestos work and the requirements regarding regulated areas, no later than January 16, 1987. 4. Regulated Areas. Paragraph (e) requires employers to establish regulated areas by January 16, 1987 where airborne concentration of asbestos,.tremolite, anthophyllite, actinolite or a combination of these minerals exceed or can be expected to exceed the PEL. a. Paragraph (e)(5) prohibits employees from eating, drinking, smoking, chewing tobacco or gum, or applying cosmetics in the regulated area. 3 DRAFT OSHA Instruction CPL JUL 9 I3S6 Office of Health Compliance Assistance fjo-r C,T ' \J ILL OfL ,Kl rur^c 'E're*?r (a) For the purposes of this standard a small-scale" operation shall be taken to mean a single procedure involving one of the following: valve replacement, pipe repair, electrical conduit installation, drywall removal or installation, roofing (b) For the purposes of this standard "short-duration" shall be defined as an operation that can be completed in one 8-hour work--shift. e. If the CSHO finds that the employer has not established the regulated areas or negative-pressure enclosure, a serious , citation shall be issued for violation 'of 29 CFR 1926.58(e)(1) or 29 CFR ! 1926.58(e)(6) as appropriate. 5. Exposure Monitoring. This section requires employers to perform employee exposure monitoring by January 16, 1987. Personal monitoring is to be performed within the breathing zone of the employee. Samples taken must be representative of all potentially exposed employees in each work area. a. Limited monitoring. Each employer whose workplace or work operation falls under the scope of this standard is required to perform initial monitoring upon the inception of the asbestos work operation in order to access the concentrations of asbestos, tremolite anthophyllite, or actinolite to which employees may be exposed. The standard contains the following exceptions to the initial monitoring provisions: (1) objective data which shows that the asbestos containing materials cannot release airborne fibers in concentra tions exceeding the action level 5 fl 1 )V! rKJ' R<J n DRAFT OSHA Instruction CPL H11 JUL 9 1986 Office of Health Compliance Assistance frequency and, documentation concerning the representativeness of samples must be available before samples can be relied upon. (2) Statistical Indications. Employer data will be considered unreliable unless the examination indicated under paragraph J. 5.e.(1) of this directive reveals that sampling has been adequately conducted. In general, more than two consecutive samples taken more than 7 days apart are necessary to serve as an indication of employee exposures. 6. Methods of Compliance. This section requires employers to implement all feasible engineering and work practice controls to reach the PEL or the lowest feasible level, whichever is higher, by January 16, 1987. The most significant changes from 29 CFR 1910.1001(1985) regarding the engineering control provisions are as follows: a. Paragraph 29 CFR 1926.58(g)(1)(i) lists the controls that employers are to use in order to reach the PEL. b. Where all feasible engineering and work practice controls have been implemented but are still not capable of reaching the PEL, the controls shall be used, and supplemented with respiratory protection in accordance with 29 CFR 1926.58(h). c. Paragraph 29 CFR 1926.58(g)(2) prohibits: (1) the use of high-speed abrasive disc saws unless equipped with proper exhaust ventilation (2) the use of compressed air to remove asbestos unless used in conjunction with an enclosed ventilation system. 7 'r* 'JvnV. rvrJ, oJ O^ DRAFT OSHA Instruction CPL JUL Office of Health Compliance Assistance 9 1986 (3) Provide for the removal of employees from the regulated area if an examining physician determines that the employee will be unable to function normally, while wearing a respirator. The employer will retain the same seniority, status, and rate of pay as before the removal from the regulated area. c. Respirator fit testing. Paragraph (h)(4) requires employers to conduct either quanti tative fit test for all employees wearing negative pressure respirators. The test must be performed upon initial fitting and at least every six months thereafter. Qualitative fit test may only be used for half-mask respirators. 8. Protective work clothing and equipment. Paragraph (i)(l) requires employers to provide and require the use of protective clothing when the employee is exposed to asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals above the PEL. a. Laundering. Paragraph (i)(2)(i) requires employers to ensure that laundering of contaminated clothing is done so as to prevent the release of asbestos, tremolite, anthophyllite, actinolite or a combination of these minerals in excess of the PEL. b. Contaminated clothing. All contaminated clothing shall be transported in sealed impermeable bags, or other closed, imper meable containers. Containers not properly labeled will result in a violation of 29 CFR 1926.58 (k)(1) (i). c. Protective clothing for removal, demoli tion, and renovation operation-! Paragraphs (i)(4)(i) and (ii) requires a competentt 9 nvj 'j rIj\ rJ: oJ 7^ OSHA Instruction CPL draft ^ g 35 Office of Health Compliance Assistance (1) Decontamination areas are to be estab lished adjacent and connected to the regulated area, they shall consist of an equipment room, shower area, and clean room in series. All employees shall enter and exit the regulated area through the decontamination area. (2) Clean rooms shall be equipped with a locker or appropriate storage containers for each employee's use. (3) Shower facilities shall be provided and must comply with 29 CFR 1910.141(d)(3) where feasible. (a) Where feasible, showers shall be ( contiguous both to the equipment , room and the change room. (b) Where this is not feasible, the employer shall ensure that employees : 2 Remove contamination from " worksuits using a HEPA vacuum before going to a shower that is not contiguous to the work area; or 2 Remove their contaminated " worksuits, don clean worksuits and proceed to a shower that is not contiguous to the work area. (4) Paragraph (j)(2)(iv) requires equipment rooms to be supplied with impermeable, labeled bags and containers. 11 t 03G5C3 OSHA Instruction CPL DRAFT jui_ b l5o6 Office of Health Compliance Assistance (2) A combination of these minerals are present in the product at 0.1 percent or above, by weight. c. Employee Information and Training. 29 CFR 1926.58(K)(B) requires employersto implement a training program by January 16, 1987. (1) The employer needs to institute a training program only when employees are exposed to asbestos at or above the action level. Training may be in a language other than english. (2) The effectiveness of the training program must be evaluated through a review of the program and discussion , with employees. The following questions provide a general outline for CSHO's to use when evaluating the program: *a) Has a training and information program been established for employees exposed at or above the action level? (b) Is training provided prior to or at the time of initial assignment for those employees not receiving training in the previous 12 months and at least annually thereafter? (c) Has the training program been conducted in a manner which the employee is able to understand: 2 In a language the employee " readily understands, 2 At a level the employee can " comprehend 13 P G30569 OSHA Instruction CPL DRAFT JJL - 9 1535 Office of Health Compliance Assistance (g) The medical surveillance program requirements (h) A review of this standard, including appendices d. Access to information and training requirements. Paragraph (k)(4)(i) requires the employer to make available without cost, a copy of the standard and its appendices to all employees exposed at or above the action level. 11. Housekeeping. Paragraph 29 CFR 1926.58(1) specifies the housekeeping requirements of the standard. i a. Vacuum cleaners must be.equipped with HEPA filters b. all vfeste materials containing asbestos must be disposed of in sealed, labeled impermeable containers. 12. Medical Surveillance. Paragraph (m) requires employers to implement a medical surveillance program and to provide Medical examinations. Some of the significant changes regarding medical surveillance are: a. All employees that are exposed to asbestos, tremolite, anthophyllite, actinolite or a combination of these minerals at or above the action level for 30 days or more per year, or who are required to wear negative pressure respirators must be provided medical surveillance. b. Examinations must be performed by or under the supervision of a licensed physician and given on the following schedules: 15 / 030570 DRAFT OSHA Instruction CPL JUL 9 1986 Office of Health Compliance Assistance is in compliance with all of the provisions of the standard that are triggered by the action level and the PEL. b. Medical Records Examination. The CSHO shall examine a representative number of employee medical surveillance records to ensure that the medical records are complete, are accurate, and are up to date. Paragraph (n) (5)(iii) requires the employer to furnish the records to OSHA. When the requested medical records are employee identifiable, the records shall be obtained in accordance with the requirements of 29 CFR 1910.20(e)(3)(ii), and the Field Operations Manual (FOM). c. Effective Date. The effective date for the recqrdkeeping requirements of the standard is January 16, 1987. However, records still have to be developed and maintained pursuant to 29 CFR 1910.1001 (1985) and 29 CFR 1910.20 pricft*' to the start-up dates of this standard. 14. Observation of Monitoring. a. The standard requires employers to afford employees or their designated representatives an opportunity to observe any monitoring which is required under paragraph (d) of the standard. b. The observer must be provided with all required protective clothing and/or equipment. The observer may need to be trained in the use of such protective equipment and where exposure levels will be at or above the action level to receive training in accordance with paragraph (j)(5) of the standard.