Document mpVzeMLGz8dozMxrzwjq225vd

PLAINTIFF'S EXHIBIT EPG-4 rvmrprr 1910..93a Title 29--Labor Table G-3--Miveral Ovst Substance Mppel1 Mg.'M1 Silu-t ' Crystalline: (juartz (respirable). 230 ' lOmg'M11 Quartz (total dust). riU;-r5 UStOj--2 ............. 3umg;MJ Cristohalite: Use U the value calculated from th count or mass formulae for quartz. Tridymite: Use \< the vaiue calculated from the for mulae for quartz. Amorphous, including natural diaiomaccous earth...............20 ""rSiOj-ri SOrng.'M3 tp.-iO; Silicates Hess than 1% crys talline silica;: MiC3........................................ Soapstone................................. 20 Talc (non-asbestos-form1 .. 20 Taic (fibrous). Use asbestos limit.................................... Treraolite (see talc, fibrous > Portland cement........................... OraDhite (natural)............................. Coal dust (respirable traction less than 57o SiO:)...................................... For more than S% SiO;................................ 20 50 13 2. tir.g.'M1 or lOmg.'M3 Inert or Nuisance Dust: Respirable fraction............... Total dust....................................... rc5iO!-2 15 5me M3 50 15mg/M3 Note: Conversion factors-- mppcfX35.3million particl:; per cubic meter -particles per c.c. Millions of particles per cubic foot of air. based on tmpinger samples counted by light-field technics. 1 The percentage of crystalline silica in the formula is the amount determined from air-borne samples, ex cept in those instances iu which other methods have been shown to be applicable. > As determined by the membrane filter method at t30xphase contrast magnification. . - Both concentration and percent quartz for the ippli- cation of tins limit are to be determined from the fraction passing a size-seiector with the following,characteristics: Containing < 1% quartz; if > 1% quartz, use quartz limit. Aerodynamic diameter (unit density sphere) Percent passing selector O 90 2.5 T5 3.3 50 5.0 23 10 0 The measurements under 'his note refer to the use of an ARC ::'.-trur.>nt. !f T.J respirable fraction of coal m-t :- - let ermine-1 with .'. M F. E the figure corresponding to 'Hat oi d.i Mg, M' iu die ae lo: coaiUUSt is4.5 Mg, il3. 1910.93n Ailies'.o-. (a) Definitions, "or the purpose of this section, tl) Asbestos" includes chrysctile. amosite. crocidolite. tremolite. anthophyllite. and actinolite. (2) "Asbestos fibers" means asbestos fibers longer than 5 micrometers. fbi Permissible exposure to airborne concentrations of asbestos fibers--fli Standard effective July 7, 1972. The 8-hour time-weighted average airborne concentrations of asbestos fibers to which any employee may be exposed shall not exceed five fibers, longer than 5 micrometers, per cubic centimeter of air, as determined by the method pre scribed in paragraph fe> 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) Cetiingr concentration. No em ployee shall be exposed at'any time to airborne cencentrations 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. (c) Methods of compliance--fl) En gineering methods, (i) Engineering con trols. Engineering controls, such as, but not limited to, isolation, enclosure, ex haust ventilation, and dust collection, shall be used to meet the exposure limits prescribed in paragraph (b) of this section. (ii) Local exhaust ventilation, fa) Local exhaust ventilation and dust col lection systems shall be designed, con structed, installed, and maintained ir. accordance with the American Nationa. Standard Fundamentals Governing the Design and Operation of Local ExhausSystems, ANSI Z9.2-1971, which is in corporated by reference herein: (b) See 1910.6 concerning the avail ability of ANSI Z9.2-1971, and th- maintenance of a historic file in connec tion therewith. The address of the Amer ican National Standards Institute : given in 1910.100. fiii) Particular tools. All hand-op erated and power-operated tools whic. may produce or release asbestos fiber in excess of the exposure limits pre scribed in paragraph (b) of this sectici such as. but not limited to. saws, score: abrasive wheels, and drills, shall be pr. vided with local exhaust ventilation s-; terns in accordance with subdivision :- of this subparagraph. (2' Work practices--(i) Wetmetkc.'. Insofar as practicable, asbestos shall 120 .s" means asbestos l 5 micrometers. e exposure to airborne >/' asbestos fibers--<u he July 7, 1972. The ghted average airborne cf asbestos fibers to uoyee may be exposed five fibers, longer than per cubic centimeter of ed by the method preraph <e) of this section. effective July 1, 1976. e-weighted average airitions of asbestos fibers nployee may be exposed i two fibers, longer than per cubic centimeter of ted by the method prerraph (e) of this section. concentration. No emexposed at any time to ent rations of asbestos of 10 fibers, longer than per cubic centimeter of r.ed by the method pre graph (e) of this section. of compliance--(1) Enop* a) Engineering con- ntrols, such as, but .ation, enclosure, ex ion, and dust collection, ) meet the exposure limits paragraph (b) of this exhaust ventilation. <ai ventilation and dust col s shall be designed, condied. and maintained in :h the American National damentals Governing the ceration of Local Exhaust I Z9.2-1971, which is in reference herein. 310.6 concerning the availNSI Z9.2-1971, and the of a historic file in, conneci. The address of the Amer.1 Standards Institute is 0.100. ular tools. All hand-opover-operated tools which or release asbestos fibers the exposure limits pre* ragraph (b) of this section rot limited to, saws, scorers, els. and drills, shall be pro:v.l exhaust ventilation sys* e with subdivision h' .ph. _ . ..^tices--<"i) Wet methods .acticable, asbestos shall Chopfer XVII---Occupational Safety and Health Admin 1910.93a handled, 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 ,bi of this section, unless the usefulness of the product would be diminished thereby. 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), (ii), (iii), and <iv> of this subparagraph, ri) Air purifying respirators. A reusa ble or single use air purifying respirator, iii> 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 limits prescribed in paragraph (b) of this section. or a respirator described in subdivision (ii) or (iii) of this subparagraph, shall be used to reduce the concentrations of airborne asbestos fibers in the respirator below the exposure limits prescribe^ 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. (ii) Powered air purifying respirators. (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 rith respiratory equipment in accord ance with paragraph <d> (2) <iii) of this section and with special clothing in ac cordance with paragraph (d)(3) of this section. (d> Personal protective equipment-- 11) Compliance with the exposure limits prescribed by paragraph (b) of this sec tion may not be achieved by the use of respirators or shift rotation of em ployees, except: (i) During the time period necessary to install the engineering controls and to institute the work practices required by paragraph (c) of this section; (ii> In work situations in which the methods prescribed in paragraph (c> of his 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 Action: or 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 timeweighted 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. 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 Co) of this section, when the ceiling or the 8-hour timeweighted 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 the requirements of the American Na tional Standards Practices for Respira 'iii) In emergencies. (iv) Where both respirators and per'Pttnel rotation are allowed by subdivi:ns (i), 01), or (iii) of this subpara-Taph, and both are practicable, person al rotation shall be preferred and used. ` 2) Where a respirator is permitted by tory Protection, ANSI Z88.2-1969, which is incorporated by reference herein. b. See i 1910.6 concerning the avail ability of ANSI Z88.2-1969 and the main tenance of an historic file in connection therewith. The address of the American National Standards Institute is given in 1910.100. '^Paragraph (1) of this paragraph, it aall be selected from among those ap;*'oved by the Bureau of Mines, DepartPtent of the Interior, or the National In state for Occupational Safety and 3ealth, Department of Health, Educa- (c) No employee shall be assigned to tasks requiring the use of respirators if, based upon his most recent examination, an examining physician determines that the employee will be unable to function normally wearing a respirator, or that 97-004--73--------------9 121  I910.93o Title 29--Labor the safety or health of the employee or other employees will be impaired by his use of a respirator. Such employee shall be rotated to another job or given thei opportunity to transfer to a different po sition whose duties he is able to perform/ with the same employer, in the same geo graphical area and with the same senior 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) of this section. (4) Change rooms: (i) At any fixed place of employment exposed to airborne concentrations of asbestos fibers in ex cess of the exposure limits prescribed in paragraph (b) of this section, the em ployer shall provide change rooms for employees working regularly at the place. (ii) 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. (iii) Laundering: (a) Laundering of asbestos contaminated clothing shall be done so as to prevent the release of air borne asbestos fibers in excess of the ex posure limits prescribed in paragraph (b) of this section. (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) 1th phase contrast illumination. ~if) Monitoring--(1) Initial determi nations. Within 6 months of the publi cation of this section, every employer shall cause every place of employment where asbestos fibers are released to b monitored in such a way as to determine whether every employee's exposure ^ asbestos fibers is below the limits pre. scribed in paragraph 'b > oi this sec. tion. If the limits are exceeded, the n- ployer shall immediately undertake a compliance program in accordance witt paragraph <c> of this secSion. (2) Personal monitoring--(i) Sam- pies shall be collected from within tht breathing zone of the employees, or membrane filters of 0.3 micrometer po. rosity mounted in an open-face filter holder. Samples shall be taken for the determination of the 8-hour timeweighted average airborne concentra tions and of the ceiling concentrations o: asbestos fibers. (ii) Sampling frequency and patterns After the initial determinations requirec by subparagraph (1) of this paragraph samples shall be of such frequency ar.c pattern as to represent with reasonablt accuracy the levels of exposure of em ployees. In no case shall the sampling bt done at intervals greater than 6 month for employees whose exposure to asbesto: may reasonably be foreseen to exceec the limits prescribed by paragraph <b of this section. (3) Environmental monitoring--u samples shall be collected from areas o a work environment which are represent ative of the airborne concentrations c asbestos fibers which may reach th breathing zone of employees. Sample, shall be collected on a membrane fllte: of 0.8 micrometer porosity mounted i: an open-face filter holder. Samples sha: be taken for the determination of the 8 hour time-weighted average airborr. concentrations and of the ceiling cor. centrations of asbestos fibers. (ii) Sampling frequency and pattern: After the initial determinations require by subparagraph (1) of this paragrap: samples shall be of such frequency ar. pattern as to represent with reasonac. accuracy the levels oi exposure oi ti employees. In no case shall sampling at intervals greater than 6 months employees whose exposures to asbes: may reasonably be foreseen to exce: the exposure limits prescribed in par. graph >b> of this section. '4) Employee observation of monUc ing. Affected employees, or their re' resentatives. shall be given a reasons- opportunity to observe any monitor:: required by this paragraph and shall ha access to the records thereof.  Chapter XVII--Occupational Safety and Health Admin. 5 1910.93a 5 fibers are released to be uch a way as to detenu, ' employee's exposure to ; is below the limits pre. ragraph ` b j of this sec. nits are exceeded, the e. immediately undertake a ogram in accordance with of this section. I monitoring--(i) Sam. collected from within th, re of the employees, oQ ;ers of 0.8 micrometer po. ;d in an open-face filter les shall be taken for the . of the 8-hour time- rage airborne concentra- ie ceiling concentrations ol ng frequency and patterns, al determinations required "h d) of this paragraph. De of such frequency and represent with reasonable levels of exposure of em- case shall the sampling be /als greater than 6 months 3 exposure to asbestos je foreseen to exceed escribed by paragraph (b1 nmental monitoring--u1 be collected from areas ol nment which are represent- airborne concentrations ol rs which may reach the ne of employees. Samples >cted on a membrane-filter meter porosity mounted ic filter holder. Samples shali the determination of the 8- veighted average airborne ns and of the ceiling con- )f asbestos fibers. ing frequency and pattern: *'.al determinations require: ph (1) of this paragraph .. be of such frequency an- o represent with reasonat.f e levels of exposure of tn; in no case shall sampling greater than 6 months fc- vhose exposures to ashes:- .ably be foreseen to excee- e limits prescribed in par2` f this section. . ov' observation of monitc' xployees, or their re'" all be given a reasona'c-1 :) observe any monitor^-- :h_; paragraph and shall har- re -cords thereof. (g) Caution signs and labels. Q) Cau tion signs. <i) Posting. Caution signs shall be provided and displayed at each location where airborne concentrations of asbestos fibers may be in excess of the exposure limits prescribed in paragraph (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. (ii) Sign specifications. The warning signs required by subdivision <i> of this subparagraph shall conform to the re quirements of 20" x 14" vertical format signs specified in 1910.145(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 Asbestos ___________ Dust Hazard Avoid Breathing Dust-- Wear Assigned Protective Equipment. Do Not Remain In Area Unless Tour Work Re quires It. Breathing Asbestos Dust May Be Hazardous To Tour Health. Notation 1" Sans Serif. Gothic or Block. Sans Serif. Gothic Block, v;" Gothic. \A' ' Gothic. or '4" Gothic. 14 point Gothic. Spacing between lines shall be at least equal to the height of the upper of any two lines. (2) Caution labels--(i) Labeling. Cau tion labels shall be affixed to all raw materials, mixtures, scrap; waste, debris, and other products containing asbestos fibers, or to their containers, except that no label is required where asbestos fibers have been modified by a bonding agent, coating, binder, or other material so that during any reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no airborne concentra tions of asbestos fibers in excess of the exposure limits prescribed in paragraph ' b) of this section will be released. 'ii) Label specifications. The caution labels required by subdivision <i) of this subparagraph shall be printed in letters f sufficient size and contrast as to be readily visible and legible. The label shall state: Caution Contains Asbestos Fibers Avoid Creating Dus: Breathing Asbestos Dust May Cause Serious Bodily Harm ih) 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 concentration. (2) Waste disposal. Asbestos waste, scrap, debris, bags, containers, equip ment. and asbestos-contaminated cloth ing, consigned for disposal, which mayproduce m any reasonably foreseeable use. handling, storage, processing, dis posal. or transportation airborne concen trations of asbestos fibers in excess of the exposure limits prescribed in paragraph ' b) of this section shall be collected and disposed of in sealed impermeable' bags, or other closed, impermeable containers. (1) Recordkeeping--<l> Exposure rec ords. Every employer shall maintain rec ords of any personal or environmental monitoring required by this section. Rec ords shall be maintained for a period of at least 3 years and shall be made avail able upon request to the Assistant Secre tary of Labor for Occupational Safety and Health, the Director of the National Institute for Occupational Safety and Health, and to authorized representa tives of either. (2) Employee access. Every employee and former employee shall have reason able access to any record required to be maintained by subparagraph (1) of this paragraph, which indicates the em ployee's own exposure to asbestos fibers. (3) Employee notification. Any em ployee found to have been exposed at any time to airborne concentrations of asbes 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--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 123  1910.93b Title 29--Labor lowing his first employment in an occupation exposed to rirbome 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 (FEVV,). (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.,). (4) Termination of employment. The employer shall provide, or make avail able, within 30 calendar days before or after the termination of employment of any employee engaged in an occupation exposed to airborne concentrations of asbestos fibers, a comprehensive medical examination which shall include, as a minimum, a chest roentgenogram (pos terior-anterior 14 x 17 inches), a history to elicit symptomatology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEVi.,,). (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--(i) 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. (ii) Access. The contents of the rec ords of the medical examinations required by this paragraph shall be made available, for inspection and copying, to the Assistant Secretary of Labor for Occupational Safety and Health, the Director of NIOSH, to authorized physi cians and medical consultants of either of them, and, upon the request of an em ployee or former employee, to his physi cian. Any physician who conducts a medical examination required by this paragraph shall furnish to the employer of the examined employee all the infor mation specifically required by this paragraph, and any other medical in formation related to occupational ex posure to asbestos fibers. 1910.93b Coal tar pitch volatiles; in terpretation of term. As used in 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. 1600, 29 U.S.C. 657) [37 FR 24749, Nov. 21, 1972] 1910.93c Carcinogens. Scope and application.--This sec tion applies to any activity in which a carcinogen is manufactured, processed, used, repackaged, released, handled, or otherwise present in any manner. (b) Definitions.-- (1) "Carcinogen" means any of the substances listed be low, or compositions containing such substances, but does not include com positions containing less than 1 percent by weight of the listed carcinogens: Com pound No. Chemicals Chemical abstracts registry No. ' 1I ............... 2-Acetylaminofluorene................. 4-Ami nodipheuvl.......................... 3............... Benzidine (and its salts).............. 4............... 3.3'-Dichlorobenzidine (and its salts). J............... 4-Dimethylaminoazobenzene___ 6............... alpha-Naphthvlamine................. 7............. be ta-NTaphthvlamine.................... 8............... 4-Nitro biphenyl_______________ 9............... N-N'itrosbdimethvlamine............ 10.............. beta-Propiolactone........................ 11.............. bts-Chloromethvl ether................ 12.............. Methyl Chloroxnethvl ether........ 13 ........ 4.4'-MethyleneLbis;-^-chioroam* line. 14.............. E Ihvleneiniinc........... . 02671 `*2a75 9U`41 60117 134327 :`15f'i '2333 6273" 3757? 542S81 107301 101144 131564 (2) "Controlled area" means an area to which access is restricted and con trolled by the employer. (3) "Decontamination" means the re moval or chemical neutralization of a carcinogen to a form that is either non toxic or not capable of easy absorption into the body. (4) "Present" includes manufactured, processed, used, repackaged, released, handled, or otherwise present. 124