Document nNVmja5XVJqeYNm57VvEVLom

FILE NAME: Flooring Defense Exhibits (FLDX) DATE: 1972 DOC#: FLDX004 DOCUMENT DESCRIPTION: OSHA Title 29 Dept of Labor, Part 1910 Occ. Safety & Health Standards Title 29-- LABOR Chapter XVII-- Occupational Safety and Health Administration, Depart ment of Labor PART 1910-- OCCUPATIONAL SAFETY AND HEALTH STANDARDS Standard for Exposure to Asbestos Dust On December 7, 1971, an emergency temporary standard concerning exposure to asbestos fibers was published in the Federal Register (36 F.R. 23207). In ac cordance with section 6(c) (3) of the Wil liams-Steiger Occuptaional Safety and Health Act of 1970, a notice of proposed rulemaking regarding a permanent standard for exposure to asbestos fibers was published in the F ederal Register on January 12, 1972 (37 F.R. 466). 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, the Ad visory Committee on Asbestos Dust was established and requested to make writ ten recommendations with regard to the proposed standard on asbestos. On or about February 1, 1972, the Department of Health, Education, and Welfare trans m ittal to the Secretary of Labor a cri teria document containing Recommenda- Not^: Federal Register, Vol. 40, No. 103, May 28, 1975, p. 23072, announced that the OSHA standard for Exposure ' to Asbestos Dust was recodij fied from 1910.93a to 1910.1001. R tiprinced by : Asbestos Information Association North America 1 6 6 0 L Street. N.W. Washington, D.C. 2 0 0 3 6 RULES AND REGULATIONS 11318 tions for an Occupational Exposure exposure to asbestos fibers and the ap Standard for Asbestos by the National pearance of adverse biological manifes Institute for Occupational Safety and tations, such as asbestosis, lung cancers, Health (NIOSH). Public notice was given and mesothelioma, have given rise to of the receipt of the recommendations controversy as to the validity of the and their availability for inspection and measuring techniques used and the relia copying. Oaj>r 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 for biological manifestations, we have now Occupational Safety and Health. evidence of the consequences of exposure, Pursuant to the notice of rule making, but we 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 are 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 in 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 the 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. a 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; (4) monitoring; (5) med fibers, it is essential that the exposure be ical examinations; and (6) recordkeep regulated now, on the basis of the 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 asbesongoing 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 (TWA) 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 10 fibers (ceiling concentration) would ministration preclude a variety of stand be permitted up to 15 minutes in an hour, ards for different kinds of asbestos and but for not more than 5 hours in any one of workplaces. Also, while the evidence 8-hour day. tends to show that crocidolite, for in NIOSH in effect has recommenaed stance, is more harmful than chrysotile, that the five-fiber TWA and 10-fiber the evidence is not sufficient to establish peak concentrations be permitted only separate standards for varieties of for 2 years; thereafter, TWA concentra asbestos. tions should be not more than 2 fibers Because there must be one standard per cubic centimeter (cmj) of air, and governing exposure to all varieties of peak concentrations should not exceed 10 asbestos, and in workplaces apparently fibers/cm.1, with no time restriction. more hazardous than others; because Numerous objections and counterpro some present employees with regular ex posals have been made, with regard to posure to asbestos have probably al both the limits of asbestos fiber concen ready accumulated great doses of asbes trations and the time periods to comply tos fibers, due to higher levels of ex with them. Some, for example, have rec posure in the past; because it appears ommended return to a 12-fiber standard that levels of exposure which may be of an earlier day; i.e., a level adopted safe with regard to asbestosis are not under the Walsh-Healey Public Con safe with regard to mesothelioma; be tracts Act in 1969. Others have recom cause the statute requires the protection mended a two-fiber standard to become of every employee, even of one who may effective in 6 months, then a one-fiber have regular exposure to asbestos during standard for 2 years, and finally a zero a working life which may reach, or even fiber standard after 3 years. These rec exceed, 40 years: and because of several ommendations give a fair indication of other considerations which have been the wide spread of the counterproposals. urged and are reflected in the record of No one has disputed that exposure to the proceeding, the conflict in the medi asbestos of high enough intensity and cal evidence is resolved in favor of the long enough duration is causally related health of employees. As of- July 1, 1976, to asbestosis and cancers. The dispute is TWA concentrations of asbestos fibers as to the determination of a specific level longer than 5 micrometers will not be below which exposure is safe. Various allowed to exceed two fibers/cc., with a studies attempting to establish quantita ceiling value of 10 fibers/cc. The current tive relations between specific levels of TWA concentrations of five fibers, and FEDERAL REGISTER, V O L 37, NO. 110-- WEDNESDAY, JUNE 7, 1972 RULES AND REGULATIONS 11319 celling concentrations of 10 fibers/cc, will be permitted until July 1,1976, dur ' what will be a transitional period ied necessary to allow employers to ^e the needed changes for coming ,,,,,0 compliance with the more stringent standard. The record shows that the many work operations subject to the single asbestos standard (textile, manufacturing, indus trial, and marine installation, etc.) will meet yarying degrees of difficulty in complying with the standard. In some plants, extensive redesign and reloca tion'of equipment may be needed. It ap pears, however, the delay in the effective date of the two-fiber standard will pro vide all employers a reasonable time to comply. At the same time, so long as the ceiling limit is complied with, no harm is reasonably expected to result freon ex posures during the transitional period. 2. Methods of compliance. It has been pointed out by many persons, that pro tection against asbestos fibers is best obtained by controlling the generation of fibers first, and secondly, by controlling the dispersion of released fibers into the ambient air of the workplaces. Therefore, the standard requires feasible techno logical controls and appropriate work practices as the primary means of com pliance. Rotation of employees as a way of meeting the TWA concentration re quirement is allowed only in stated ex ceptional circumstances, because, as a general rule, it would be difficult to Im plement. Personal protective equipment, such as respirators, cannot be relied v because, among other reasons, they be so uncomfortable as to be bur eme, except for short periods of --..lie. Therefore, it is expected that res pirators and shift rotation will be used hiring the period necessary to install en gineering controls and to train employ ees in sound work practices, but, after technological compliance has been achieved, their use must be limited to special work situations and emergencies. Where both are practicable, shift rota tion is required. 3. Labeling. The proposed standard stopped short of requiring labeling as bestos and asbestos-containing products. The proposed standard would have re quired only warning signs at locations where asbestos hazards are present. However, labeling, rather than warning signs, has proved to be a point of con troversy. Both NIOSH and the Advisory Committee on Asbestos Dust recom mended labels for asbestos products and containers, and these recommendations 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 products to be subject to the labeling requirements. Employers, in general, strongly contend that (1) finished prod ucts which effectively entrap asbestos fibers, so that these would not be released in the normal use of the products, should not be required to be labeled: and (2) words such as "danger" and "cancer" are unwarrantedly alarming. Both contentions have merit, and the standard has been changed accordingly. 4, Monitoring. The proposed standard would have required personal monitor ing and environmental monitoring. Many issues have been raised concerning the availability and reliability of meas uring instruments, frequency of moni toring, and conditions in which monitor ing should be required. The adopted standard takes the objections into con sideration. It requires periodic monitor ing at intervals no longer than 6 months, thus allowing considerable time and dis cretion, and prescribes the use of the membrane filter method, which is an ac ceptable method for determination of asbestos fibers. It has also been recommended that employees or their representatives should have an opportunity to observe the monitoring. The recommendation has been accepted. 5. Medical examinations. The pro posed standard would only require an appropriate medical examination on a periodic basis. The generality of the pro posal has attracted many objections and also many hlpful comments. The recom mendations of NIOSH and of the Advi sory Committee on Asbestos Dust were much more specific with respect to both 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 adopted standard requires medical examinations both at the beginning and the termination of employments exposed to concentrations of asbestos fibers, and also requires annual medical examina tions of every employee exposed to air borne concentrations of asbestos. It has been pointed out that in certain indus tries, such as construction, an employee may work for several employers during the same year. Accordingly, the standard does not require either preemployment, or termination, or periodic examinaton of any employee who has been examined in accordance with the standard within the past year. One question which has been raised goes to whether the employer or the em ployee should be allowed to choose the examining physician. The standard gives the option to the employer. Since some employers already have a medical examination program in operation, and, also, have medical departments with some expertise in the diagnosis of abestos-related diseases, it seems more reasonable to permit them to utilize the present programs and expertise, than to permit an employee to choose a private general practitioner. 6. Records. The standard, as proposed and as adopted, requires maintenance of records of monitoring and of medical examinations. Most of the controversy in this area has revolved around the ques tion whether an employer should be al lowed to have access to the results of the required medical examinations. The apprehension of those who have argued against employer access is based on the expectation that some employers will use the medical examinations as a means of screening employment applicants, and worse, as grounds for discharging current employees, who show signs of being af fected by exposure to asbestos. Since the purpose of the medical examinations is to monitor the health of employees ex posed to the hazards of abestos, em ployees cannot in reason be granted the privilege of refusing to disclose to their employers results of occupational expo sure. It does not make sense to require employers to provide medical examina tions if they cannot know and use the results of the examinations. For these reasons the standard provides that em ployers may have a restricted access to some medical information. On the other hand, there is no Inten tion to allow employers to abuse medical information obtained pursuant to the Act, to the detriment of employees. Therefore, the administration of the medical records requirement will be closely watched, and, in cases of abuse, appropriate action will be considered. H ie issues discussed above are 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 instance, about work practices, are so obviously meritorious that their adop tion needs no exposition here. Other recommendations and many objections have not been adopted for a variety of reasons which should be manifest. Sev eral, for instance, have recommended the use of respirators only pursuant to a variance, or in cases of emergency and occasional short-term exposures. The recommendation with respect to vari ances undoubtedly has many merits, but is considered administratively im practical. Accordingly, after consideration of the whole record of the proceeding, and pursuant to sections 6 (b) and (c) and 8(c) of the Wiiliams-Steiger Occupa tional Safety and Health Act of 1970 (84 Stat. 1593, 1596, 1599; 29 U.S.C. 655, 657), 29 CFR 1910.4, and to Secretary of labor's Order No. 12-71 (36 P.R. 8754), Part 1910 of Title 29 of the Code of Fed eral Regulations is amended as set forth below. FEDERAL REGISTER, VOL. 37, NO. I I 0-- WEDNESDAY, JUNE 7, 197S 11320 RULES AND REGULATIONS l1 0 .1 0 0 l Asbestos. (ii) Particular, products-and^opera* tions. No asbestos cement, mortar, coat (a) Definitions. For the purpose of ing, grout, plaster, or similar material this section, (1) "Asbestos" includes containing asbestos shall be removed chrysotile, amosite, crocidolite, tremo- from bags, cartons, or other containers lite, anthophyllite, and actinolite. in which they are shipped, without being (2) "Asbestos fibers" means asbestoseither wetted, or enclosed, or ventilated fibers longer than 5 micrometers. so as to prevent effectively the release of (b) Permissible exposure to airborne airborne asbestos fibers in excess of the concentrations of asbestos fibers-- (.1) limits prescribed in paragraph (b) of S8-thanoudrartdimeef-fwecetiigvheteJdulayver7a, ge19a72ir.boTrhnee this section. concentrations of asbestos fibers to (iii) Spraying, demolition, or removal. which any employee may be exposed Employees engaged in the spraying of shall not exceed five fibers, longer than asbestos, the removal, or demolition of 5 micrometers, per cubic centimeter of pipes, structures, or equipment covered air, as determined by the method pre or insulated with asbestos, and in the scribed in paragraph (e) of this section. removal or demolition of asbestos in (2) Standard effective July 1, 1976. sulation or coverings shall be provided The 8-hour time-weighted average air with respiratory equipment in accord borne concentrations of asbestos fibers ance with paragraph (d) (2) (iii) of this to which any employee may be exposed section and with special clothing in ac shall not exceed two fibers, longer than cordance with paragraph (d) (3) of this 8 micrometers, per cubic centimeter of section. air, as determined by the method pre (d) Personal protective equipment-- scribed in paragraph (e) of this section. (1) Compliance with the exposure limits (3) Ceiling concentration. No em prescribed by paragraph (b) of this sec ployee shall be exposed at any time to tion may not be achieved by the use of airborne concentrations of asbestos respirators or shift rotation of em fibers in excess of 10 fibers, longer than ployees, except: 5 micrometers, per cubic centimeter of (1) During the time period necessary air, as determined by the method pre to install the engineering controls and scribed in paragraph (e) of this section. to institute the work practices required (c) Methods of compliance--(1) En by paragraph (c) of this section; gineering methods, (i) Engineering con (ii) In work situations in which the trols. Engineering controls, such as,- but methods prescribed in paragraph (c) of not limited to, isolation, enclosure, ex this section are either technically not haust ventilation, and dust collection, feasible or feasible to an extent insuffi shall be used to meet the exposure limits cient to reduce the airborne concentra prescribed in paragraph (b) of this tions of asbestos fibers below the limits section. prescribed by paragraph (b) of this (ii) Local exhaust ventilation, (a)section: or Local exhaust ventilation and dust col (iii) In emergencies. lection systems shall be designed, con (iv) Where both respirators and per structed, installed, and maintained in accordance with the American National sonnel rotation are allowed by subdivi Standard Fundamentals Governing the sgiroanpsh,(ia)n, d(ibio),thorar(eiipi)raocftictahbisle,supbeprasorna Design and Operation of- Local Exhaust Systems, ANSI Z9.2-1971, which is in nel rotation shall be preferred and used. corporated by reference herein. (2) Where a respirator is permittee by (b) See 5 1910.6 concerning the avail ssuhbapllarbaegsrealpehcte(d1)froofmthaims opnagratghroaspeha, pit ability of ANSI Z9.2-1971, and the maintenance of a historic file in connec proved bv the Bureau of Mines, Depart tion therewith. The address of the Amer smtietnutteof ftohre IOntcecruiopra,toiorntahle.NSaatfieotnyal aInnd ican National Standard' giver, in 1910.100. Institute is Health, Department of Health, Educa (iv) Particular tools. All hand-op tion, and Welfare, under the provisions of 30 CFR Part 11 (37 F.R. 6244, Mar. 25, erated and power-operated tools which 1972), and shall be used in accordance may produce or release asbestos fibers with subdivisions (i), (ii), (iii); and (iv) in excess of the exposure limits pre of this subparagraph. scribed in paragraph (b) of this section, (i) Air purifying respirators. A reusa such as, but not limited to, saws, scorers, abrasive wheels, and drills, shall be pro ble or single use air purifying respirator,- vided with local exhaust ventilation sys o(iri)a orresp(iiiria) toorf dthesiscrsibuebdpairnagsruabpdhi,visshioanll tems in accordance with subdivision (ii) of this subparagraph. be used to reduce the concentrations of (2' Work practices-- (i) Wet methods. airborne asbestos fibers in the respirator Inst ar as practicable, asbestos shall be below the exposure limits prescribed in paragraph (b) of this section, when the handled, mixed, applied, removed, cut, ceiling or the 8-hour time-weighted aver scored, or otherwise worked in a wet age airborne concentrations of asbestos state sufficient to prevent the emission fibers are reasonably expected to exceed of airborne fibers in excess of the ex- no more than 10 times those limits, jwsure limits prescribed in paragraph (b) of this section, unless the usefulness (ii) Powered air purifying respirators. of the product would be diminished A full facepiece powered air purifying thereby. 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, supplied-air respirator shall be used to reduce the concentra tions of airborne asbestos fibers in the respirator below the exposure limits pre scribed in paragraph (b) of this section, when the ceiling or the 8-hour 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 tory Protection, ANSI Z88.2-1969, which is incorporated by reference herein. b. See 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. (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 the safety or health of the employee or other employees will be impaired by hisuse of a respirator. Such employee shall be rotated to another job or given the opportunity to transfer to a different po sition whose duties he is able to perform with the same employer, in the same geo 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. FEDERAL REGISTER, VOL. 37, NO. 110-- WEDNESDAY, JUNE 7, 1972 RULES AND REGULATIONS 11321 (iii) Laundering: (a) LaunderingAoftfer the initial determinations required estos contaminated clothing shall be by subparagraph (1) of this paragraph, e so as to prevent the release of air samples shall be of such frequency and ___ iome asbestos fibers in excess of the ex pattern as to represent with reasonable posure limits prescribed in paragraph (b) accuracy the levels of exposure of the of this section. employees. In no case shall sampling be (b) Any employer who gives asbestos- at intervals greater than 6 months for contaminated clothing to another person employees whose exposures to asbestos for laundering shall inform such person may reasonably be foreseen to exceed of the requirement in (a) of this subdi the exposure limits prescribed in para vision to effectively prevent the release graph (b) of this section. of ^airborne asbestos fibers in excess of (4) Employee observation of monitor the exposure limits prescribed in para ing. Affected employees, or their rep graph (b) of this section. resentatives, shall be given a reasonable (c) Contaminated clothing shall be opportunity to observe any monitoring transported in sealed impermeable bags, required by this paragraph and shall have or other closed, impermeable containers, access to the records thereof. and labeled in accordance with para (g) Caution signs and labels. (1) Cau graph (g) of this section. tion signs, (i) Posting. Caution signs (e) Method of measurement. All de shall be provided and displayed at each terminations of airborne concentrations of asbestos fibers shall be made by the membrane filter method at 400-450 X (magnification) (4 millimeter objective) with phase contrast illumination. (f) Monitoring--(1) Jnitiai determi nations. Within 6 months of the publi cation of this section, every employer 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 shall cause every place of employment proaches to areas containing excessive where asbestos fibers are released to be concentrations of airborne asbestos monitored in such a way as to determihe fibers. whether every employee's exposure to (ii) Sign specifications. The warning asbestos fibers is below the limits pre signs required by subdivision (i) of this scribed in paragraph (b) of th:s sec tion. If the limits are exceeded, the em ployer shall immediately undertake a 'mpliance program in accordance with ragraph (c) of this section. (2) Personal monitoring-- (i) Sam ples shall be collected from within the breathing zone of the employees, on membrane filters of 0.8 micrometer porossity mounted in an open-face filter holder. Samples shall be taken for th.e determination of the 8-hour timeweighted average airborne concentra tions and of the ceiling concentrations of asbestos fibers. 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 Notation Asbestos _______ Dust Hazard. 1" Sans Serif, Gothic or Block. % " Sans Serif, G o t h i c or Block. (ii) Sampling frequency and patterns. After the initial determinations required by subparagraph (1) of this paragraph, samples shall be of such frequency and pattern as to represent with reasonable accuracy the levels of exposure of em ployees. In no case shall the sampling be Avoid B reathing D u st__ Wear Assigned Protective Equipm ent. Do Not R em ain In Area Unless Your Work Re quires It. B reathing Asbestos Dust May Be Hazardous To Vi" Gothic. V4" Gothic. Vi" Gothic. 14 po in t G othic. done at intervals greater than 6 months Y our H ealth. for employees whose exposure to asbestos may reasonably be foreseen to exceed the limits prescribed by paragraph (b) of this section. (3) Environmental monitoring-- (i) samples shall be collected from areas of a work environment which are represent ative of the airborne concentrations of asbestos fibers which may reach the breathing zone of employees. Samples shall be collected on a membrane filter of 0.8 micrometer porosity mounted in an open-face "liter holder. Samples shall be taken for the determination of the 8hour time-weighted average airborne concentrations and of the ceiling con centrations of asbestos fibers. (ii) Sampling frequency and patterns. 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 (1) of this subparagraph shall be printed In letters of sufficient size and contrast as to be readily visible and legible. The label shall state: Caution Contains Asbestos Fibers Avoid Creating Dust Breathing Asbestos Dust May O u se Serious Bodily Harm (h) Housekeeping--(1) Cleaning. All external surfaces in any place of employ ment shall be maintained free of accu mulations of asbestos fibers if, with their dispersion, there would be an excessive concentration. (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 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. (i) Recordkeeping-- (1) 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-- (1) Gen eral. The employer shall provide or make available at his cost, medical examina tions relative to exposure to asbestos re quired by this paragraph. (2) Preplacemcnt. The employer shall provide or make available to each of his employees, within 30 calendar days fol lowing his first employment in an occupation exposed to r.irborne 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 (FEV,,0). FEDERAL REGISTER, VOL. 37, NO. 110-- WEDNESDAY, JUNE 7, 1972 11322 RULES AND REGULATIONS (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.o). (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.o), (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. 1910.19 Special provisions for air contami nants. (a) Asbestos dust. Section 1910.1001 shall apply to the exposure of every employee to asbes tos dust in every employment and place of em ployment covered by 1910.12, 1910.13, 1910.14, 1910.15, or 1910.16, in lieu of any different standard on exposure to asbestos dust which would otherwise lie applicable by vir tue o f any of those sections. Note: Following defines additional occupational areas affected by section 1910.19 above: 1910.12-- Construction W ork (construction, al teration, and/or repair, including painting and decorating) 19 10.13-- Ship Repairing 1910.14-- Shipbuilding 1910.15-- Shipbreaking 1910.16-- Longshoring FEDERAL REGISTER, VOL. 37, NO. 110-- WEDNESDAY, JUNE 7, 1972