Document nmZk2wYLerJ103rzmrnb1gke6
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This report was prepared by the NRCA Asbestos Task Force* and Carl Good of the NRCA staff and is based in part upon a paper presented by Stephen M. Phillips at the 1987 Annual Seminar of the National Roofing Legal Resource Center Mr. Phillips serves as counsel to NRCA and is a principal with the law firm of Hendrick, Spanos & Phillips, Atlanta, Georgia
NRCA recommends that contractors consult with legal counsel and an insurance adviser, familiar with the subject of asbestos found in roofing construction work, prior to entering into a contract that might encompass installation, removal or alteration of asbestos-containing materials
NRCA Asbestos Task Force
Don McNamara, Chairman FJA Christiansen Roofing Co., Inc. Milwaukee, Wl
George Moeller A.J. Shirk Roofing Co. Kansas City, MO
Jay Refieuna James Mansfield & Sons Co., Inc. Lyons, IL
Bob Thomas Roofing and Sheet Metal Contractors of Georgia, Inc. East Point, GA
Johnny Zamrzla Western Pacific Roofing Corp. Lancaster; CA
Overview
NRCA has been examining the issue of asbestos in 1/ the roofing industry since 197Q when government
agencies became involved in regulating the uses and exposure levels of asbestos.
In 1986, the Occupational Safety and Health Administration (OSHA) reduced the permissable exposure limit (PEL) for asbestos in the workplace from 2.0 fibers per cubic centimeter (f/cc) of air to 0.2 f/cc, and developed specific standards for the construction industry. In addition, many state government agencies are much more active in regulating asbestos-containing materials.
Roofing contractors want to continue to provide workplaces that are free from health or environmental risks. At the same time, NRCA is concerned that unnecessary and burdensome requirements are being adopted to such an extent that professional roofing contractors are unsure about exactly what is required of ihem. Many contractors feel they are not able to comply with these requirements, and therefore are not able to confidently engage in the handling of asbestoscontaining roofing materials.
Reding is an art that requires spedalized education and training in application and removal techniques; it also demands continuing worker safety education, training and monitoring. To ensure the highest degree of J quality for building and home owners, the entire roding
process should remain in the hands of roofing professionals. NRCA encourages, for ail of these reasons, consumers to insist on using professional roofing contractors.
Asbestos-related health problems have been found primarily in people engaged in the manufadure and mining of asbestos, where high exposure levels are sustained over long periods d time Evidence gathered within the roding industry to date suggests that asbestos;; fibers remain encapsulated in roding materials to a remarkably high degree, even during tear-off operations using no special work practices or engineering controls.
Still, the issues involved are complex. A roofing contractor preparing to install or remove a roof composed, even in part, of asbestos-containing materials has several issues to consider:
OSHA regulations require job-site air monitoring unless the contrador can demonstrate acceptable exposure levels using "objective data" from other similar jobs Worker training and protection might also be required, under certain circumstances, depending on emission levels
The Environmental Protection Agency (EPA) has a ) whole set d regulations for situations where there is
friable asbestos to avdd creating "visible emissions" d asbestos-containing dust;
Many states have licensing or certification requirements for handling asbestos-containing materials;
Some insurance policies exclude coverage for asbestos-related claims;
Many states and municipalities have requirements for disposing asbestos-containing materials;
Contrad documents may be written or interpreted so as to require the roofing contractor to be responsible for the handling and disposal of asbestos-conta'ning materials, even when the roofing contrador does not intend to become involved in asbestos-related work.
There is a heightened sense of public awareness about asbestos--often to the point d paranoia--that increases the chances of any employer being sued for acutal, or even potential, personal injury damages.
This report will provide you with factual information regarding some of the many factors involved in dealing with asbestos in the roofing industry. Any and all determinations made as to how to handle this particular problem must be made by the building owner in cooperation with his professional roofing contractor, and, when appropriate, with his design professional. Because the owner possesses the asbestos, it is his responsibility to deal with the asbestos removal and disposal situation.
If you are involved in any construction projed where asbestos or asbestos-containing materials will be used or encountered, your first step should be to become familiar with federal OSHA and EPA regulations. Next you should have an understanding of your own state's laws and regulations, and whether they are applicable to the installation or removal of asbestos-containing roofing materials.
Standard construction contracts are also being affeded by the asbestos issue, with asbestos-related language appearing in these documents. Roofing contractors must be aware of the consequences of such language, and should insist on a clear definition d the responsibilities of all parties involved in a projed at its inception.
We recommend that every roofing contrador:
Become familiar with local, state and federal OSHA regulations, EPA regulations and licensing and certification laws;
Consult with your insurance advisor about any exclusions for working with asbestos-containing roofing materials, and any effects of becoming licensed.
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Consult with your attorney about contractual provisions regarding the handling of asbestos materials.
Establish a company policy about handling asbestoscontaining materials. Include an employee training and awareness program.
IMPORTANT: Even if you do not contemplate dealing with asbestos materials, you may still be subject to liability if there are asbestos-containing materials you were not aware of on a job, and your contract assigns you the responsibility for dealing with them. And you may not have insurance coverage If your insurance policy excludes coverage for asbestos work, and you encounter asbestos-containing materials you may not have been aware of.
NRCA established an asbestos task force in 1986 to compile and disseminate information for NRCA members and the industry regarding the impact of asbestos on the roofing industry. The task force needs your input and asks that you forward any information and test data you acquire to NRCA headquarters. The issues are numerous and complex; we need to work together to resolve them.
Send your date and information to;
Carl Good NRCA One O'Hare Centre 6250 N. River Road Rosemont, IL 60018 312/318-6722
History, Health Effects, and Uses of Asbestos
Asbestos, taken from the Greek "inextinguishable" refers to a group of minerals that are lightweight, flexible, and fireproof. Asbestos is a fibrous, naturally occurring material that is mined and processed into a variety of products. Asbestos has proven to be extremely resistant to heat or chemicals and the fibers are extremely durable In the roofing industry, asbestos has been used in roofing felts, tiles, shingles, flashings, coatings, mastics and rigid panels. Asbestos-containing shingles are characteristically hard and have a light green, beige, or grayish-white color. Asbestos-asphalt shingles (asbestos roofing felt covered wlih an additional layer of asphalt) were manufactured between 1971 and 1974, and closely resemble other asphalt shingles. Asbestos-containing roofing felts (asbestos paper covered and impregnated with asphalt) were used primarily for built-up roofing. They were also used as a layer of protection beneath roofing shingles. Recently, asbestos mining has declined significantly and the Enviommental Protection Agency (EPA) is currently developing more scientific information to support its proposed ban on asbestos products for which there are substitutes
There are actually six different mineral types of asbestos. They are:
1. Chrysotile 2. Crocidolite 3. Amosite
4. Anthophyllite 5. Tremolite 6. Actinolite
When these minerals occur in a non-fibrous form, they are not classified as asbestos. Commercially, chrysotile is the form that has been used most and is most commonly found in roofing materials.
Asbestos has been used since the beginning of recorded history, according to a National Research Council report, but the health effects caused by asbestos exposure have not been documented until recently. The uses for asbestos increased dramatically during World War II when the mineral was used for insulating and fireproofing ships. Until 1976, asbestos was required by model building codes in some areas where fire protection was crucial. According to EPA, "Asbestoscontaining materials can be found in approximately 31,000 schools and 733,000 other public and commercial buildings in this country."
It is the resistant properties of asbestos fibers that are also linked to several human health problems. It is important to note that.a health risk exists only when asbestos fibers are released in the ambient air and inhaled. As asbestos fibers lie within saturated asbestos roofing felts, for example there is little known health risk. Dangerous exposure can be direct (the worker exposed on the job) or indirect (a family member may be exposed to contaminated clothing at home). Fibers can get trapped in the lungs through normal breathing.
Studies have shown this can lead to asbestosis, a nonmalignant scarring lung condition, mesothelioma, a rare cancer of the lining of the chest or abdominal cavities, and cancer of the lung, larynx, stomach, colon, rectum and intestine Many of these diseases often do not mani fest themselves until 20 to 40 years after exposure. In addition, the synergistic effect of cigarette smoking and exposure to asbestos fibers greatly increases an individ ual's likelihood of contracting an asbestos-related disease.
However, quantitative estimation of the effects of asbestos exposure is difficult:
1. The biological effects are due in part to the physical configuration of the asbestos fibers;
2. Asbestos is encountered with other materials that may modify its effect;
3. The methods of counting fibers in the air have varied over time and counting fibers does not accurately reflect the carcinogenic potential of the sample being examined;
4. Exposures were much greater before 1950 than they are now, yet few measurements are available of the intensity of exposure workers were exposed to before 1950. Early instruments were not as sophisticated and counted all particles (as is done today with phase contrast microscopy), not just asbestos particles, and different instruments with different capacities were used in different places.
5. It is not clear within the medical community how to best measure quantitatively man's biological responses: knowledge of potential carcinogens in the human body is incomplete
Most asbestos fibers aren't visible to the human eye The potential of an asbestos-containing product to release fibers is dependent upon its degree of friability. Friable asbestos is defined by EPA as a material containing more than 1 percent asbestos by weight that hand pressure can crumble pulverize or reduce to powder when dry. Asbestos-containing roofing materials are considered non-friable and generally do not emit airborne fibers, unless subjected to sawing or cutting operations There are certain roofing operations which can release low levels of asbestos (See section on air monitoring and test methodology,)
Because asbestos in naturally occuring, exposure in the general population is unavoidable. According to the Safe Buildings Alliance* "Asbestos fibers have been found in lungs and other tissue of the general population. Analyses of normal healthy adult lung tissues from persons who have not been exposed in the workplace have found that average lungs contain millions of asbestos fibers."
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A report issued by the Asbestos Institute questions . ,,, EPA's estimate for low exposure levels Dn Ronald Crystal
} of the National Institute for Health writes, "No
epidemiological study has showp that low cumulative exposure to any form of asbestos is linked to disease.
Furthermore there is no proof that the higher level exposure data can be used reliably to predict what will happen if a population of individuals is exposed only to low cumulative levels."
)
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Regulatory Concerns
Because of the potential health and environmental concerns, several federal agencies have acted to prevent unnecessary exposure to asbestos. Their rules prohibit some uses of friable asbestos and set exposure standards in the workplace There are two principal federal agencies having authority to regulate asbestos:
1. Occupational Safety and Health Administration (OSHA): sets exposure limits for workers on the joh
2. Environmental Protection Agency (EPA): regulates the use and disposal of asbestos in the air, land or .water through the National Emissions Standards for Hazardous Air Pollutants (NESHAP). 1
If you handle asbestos-containing materials, you need a general understanding of the sampling and analytical techniques for air monitoring for asbestos, as well as local and federal asbestos regulations, It is better to take time initially to ask questions than to try to explain later why data are not available or not accurate.
This report, as well as local, state and federal agencies refers to airborne asbestos fibers. Airborne asbestos is measured in fibers per cubic centimeter of air (f/cc). A fiber is defined by OSHA as a particulate form of asbestos, hremolite, anthophyllite or actinolite, 5 microns or longer with a length-to-width ratio of at least 3 to 1. The average air concentration is calculated by dividing the total fibers found during the monitoring by the amount of air in cubic centimeters, drawn through the filter
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Occupational Safety and Health Administration Regulations Governing Occupational Exposure to Asbestos
While the term asbestos is used exclusively throughout this report, the OSHA regulations apply to asbestos, tremolite, anthophyllite and actinolite. OSHA's role in regulating asbestos exposure began in 1971 when a 12 f/cc permissible exposure limit (PEL), determined as an eight hour time-weighted average (TWA) of airborne concentrations, was included among the agency's initial standard rulemaking on May 29, 1971. In July of 1976, OSHA reduced the PEL to 2 f/cc. After conducting an extensive rule-making proceeding, OSHA promulgated new standards regulating occupational exposure to asbestos on June 20, 1986. These new rules amended previous OSHA standards pertaining to asbestos and, for the first time, included specific standards for the construction industry. The details regarding the OSHA regulations are found in the Code of Federal Regulations (29 CFR part 1910). Previously, OSHA had one asbestos standard which was generally more suitable for fixed manufacturing worksites and a workforce of long-term employees, rather than for short-term projects and a highly mobile workforce, characteristics common to the construction industry.
These final regulations include a new 0.2 f/cc PEL and , established an "action level" of 0.1 f/cc. If emissions Jfeach the action level, air monitoring, worker training,
' and other protective measures must be instituted. "OSHA believes that by promulgating a revised PEL of 0.2 f/cc, it has fulfilled its mandate to protect workers from the harmful effects of asbestos exposure within the confines of technological feasibility." (51 Fed. Reg. 22709 (1986).) Challenges to the OSHA standards were filed in various courts by groups contending that the standards are both too liberal and too stringent. The Building and Construction Trades Department of the AFL-CIO, comprised of 15 international unions representing 4.1 million construction industry workers, filed a petition for review on June 17, 1986 with U.S. District Court of Appeals for the District of Columbia, challenging the construction industry standard, Building and Construction Trades Department vs. Brock, No. 86-1359. The Industrial Union Department of the AFL-CIO filed a separate petition for review of the general industry standard in the same court (NO. 86-1360). The AFL-CIO's position is that the permissible exposure limit is too high and the standard should have included a short term exposure limit. The Asbestos Information Association filed separate petitions on June 17, 1986 in the U.S. Court of Appeals for the Fifth Circuit in New Orleans challenging both the construction and general industry standard on the grounds of feasibility, particularly of monitoring the lower permissible exposure limit, Asbestos Information Association vs. OSHA (Noa 86-4416, 86-4422 and 86-4423). These cases have been consolidated in the D.C. Circuit Court of Appeals.
The OSHA Asbestos Standard for the construction industry applies to all construction work, including demolition or salvage of structures where asbestos is present removal or encapsulation of materials containing asbestos, construction, alteration, repair, maintenance or renovation of structures, substrates, or portions thereof that contain asbestos, installation of products that contain asbestos; and transportation, disposal, storage or containment of asbestos or products containing asbestos on the site or location at which construction activities are performed.
OSHA claims to have adopted a so-called "tiering" approach tailoring more stringent requirements to those construction activities that pose the greater risk of asbestos exposure. Because employees engaged in asbestos removal, demolition and renovation operations with friable asbestos are generally considered to have the highest asbestos exposure of all construction workers, the most stringent requirements, based on initial employee monitoring, are most likely to come into play. These requirements include temporary enclosures maintained under negative pressure and special hygiene facilities and decontamination procedures when employees are engaged in asbestos removal, demolition and renovation work where exposure levels reach or exceed the OSHA 0.2 f/cc PEL.
OSHA believes that initial air monitoring is essential for protecting employee health because it provides the employer with information that will enable him to implement engineering controls and work practices and select appropriate respiratory protection. On-site asbestos exposure monitoring is required at the outset of each construction project involving asbestos unless product testing or previous monitoring demonstrates no release of airborne asbestos fibers at, or in excess of, the 0.1 f/cc action level.
Each employer is to perform initial monitoring to determine the airborne concentrations of asbestos to which employees may be exposed. Determinations of employee exposure are to be made from "breathing zone" air samples that are representative of the employee's time-weighted average exposure over 8 hours There are two exceptions, to the initial monitoring requirement
1. When the employer can show that employee exposures are below the 0.1 f/cc action level by means of objective data demonstrating that the product or material containing asbestos cannot release airborne fibers in concentrations exceeding the action level under working conditions having the greatest potential for releasing asbestos (29 CFR 1926.58 (f) (2));
2. When the employer had monitored previous asbestos projects and historical data were obtained during work
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operations conducted under workplace conditions "closely resembling the processes, type of material, control methods, work practices, and environmental conditions used and prevailing in the employer's current operations," demonstrating that exposures on the present job will be below the action level (29 CFR 192658 (f)(2)(iii)).
The historical monitoring data exception to the initial monitoring requirement is only applicable when the previous date are "scientifically sound and collected using methods that are sufficiently accurate and precise"; the processes and work practices are essentially the same; the characteristics of the asbestoscontaining material are the same; and the environmental conditions are the same (51 Fed. Reg. 22713 (1986)).
Although the regulation speaks of where the employer has monitored similar jobs previously, OSHA has indicated that it would permit a sufficiently detailed data base of historical exposure monitoring results obtained from different employers conducting similar projects (51 Fed. Reg 22713 (1986)). The employer who seeks exemption from the initial monitoring requirements on the grounds of objective data demonstrating that the asbestos products are not capable of releasing asbestos fibers at or above the 0.1 f/cc action level under the expected job-site conditions must establish and maintain an accurate record of that data showing the results of the testing, and how that data support the exemption (29CFR 1926.58 (n)(l)).
Employers are not required to make separate, personalized measurements of each individual employee exposed to asbestos. Rather "representative" measurements to characterize the exposure of several employees who perform essentially the same job under the same conditions are permitted. However, if the employer uses representative personal samplings for employees engaged in similar work and exposed to similar concentrations of asbestos fibers, the employee who can reasonably be expected to have the highest exposure should be monitored.
The method of sampling and analyzing personal samples taken during the monitoring process must satisfy OSHA requirements as set forth in Appendix A to 1926.58, OSHA Reference Method (eg., NIOSH 7400 method) (29 CFR 1926.58 (f)(5)).
Employers are required to notify affected employees of the monitoring results pertaining to an employee's exposure as soon as possible following receipt of monitoring results. The notification must be in writing either individually or by posting in a centrally located place. Employees exposed to asbestos or their designated representatives are to be given the opportunity to observe asbestos sampling (29 CFR 1926.58 (f)(6)).
The employer must keep records of all measurements taken to monitor employee exposure to asbestos, showing the date of the measurements, the operation involving exposure to asbestos, sampling and analytical
methods used, and type of protective devices worn, if any. These records must be maintained for at least 30 years (29 CFR 1926.58 (n)(2)).
In "regulated areas," defined as demarcated areas where airborne concentrations of asbestos exceed or can reasonably be expected to exceed the PEL, daily monitoring is required when employees are not equipped with Type C, full-facepiece, supplied air respirators. The daily monitoring may be discontinued when employee exposure levels are below the action level (29 CFR 1926. 58 (0(3)). If initial monitoring indicates employee exposure less than the 0.2 f/cc PEL, periodic monitoring is not required.
Employers are obligated to institute a training program for all employees exposed to airborne concentrations of asbestos in excess af the 0.1 f/cc action level and ensure their participation in the training program (29 CFR 1926.58 (k)(3)). The training program shall be provided prior to or at the time of initial assignment, unless the employee has received equivalent training within the past year; and is to be provided in a manner the employee is able to understand (beware of language limitations) and must include, among other items, training in recognizing asbestos, necessary protective measures to minimize exposure, engineering controls, proper use of respirators, and proper work practices. In addition, training records are to be maintained for one year beyond the last date of employment.
Employers are required to institute a medical surveillance program for all employees where exposure is at or above the action level for 30 or more days per year; or who are required to wear negative pressure respirators (29 CFR 1926. 58 (m)(D(i)). Medical examinations must be made available at no cost to the employee within 10 working days after employee has been exposed to asbestos at or above the action level for 30 days and at least annually thereafter. The employer is to establish and maintain medical records for each covered employee for the duration of employment plus 30 years.
OSHA has designated engineering controls and work practices that are to be used by the contractor to achieve compliance with the permissible exposure limit of 0.2 f/cc. (29 CFR 1926.58 (g)). If emissions reach the 0. 2.f/cc PEL, employers must use one or a combination of OSHA-prescribed work practices. These are:
1. Local exhaust ventilation equipped with high-efficiency particulate air (HEPA) filter dust collections systems;
2. General ventilation systems;
3. Vacuum cleaners equipped with HEPA filters;
4. Enclosure or isolation of processes producing asbestos;
5 Use of wet methods, wetting agents, or removal encapsularrts to control exposure during handling, removal, cutting, application and clean-up. (The
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Building and Construction Trades Department, AFLCIO, presented OSHA with information during the rulemaking process showing a decrease in fiber
) counts of up to 90% when wet methods and wetting
agents are used.)
0 Prompt disposal of asbestos-contaminated wastes in leak-tight containers; or
7. Use of other work practices or engineering controls that can be shown to be feasible.
Again, these procedures are designed for friable asbestos and when air monitoring yields results at or above the 0.2 OSHA PEL.
If the OSHA-prescribed engineering controls and work practices are not sufficient to reduce employee exposures to or below the PEL, the employer is obligated to implement controls to reduce the exposure level to the lowest feasible level and use respiratory protection (29 CFR 1926.58 (g) (I) (ii)). The OSHA regulations clearly call for the use of engineering controls and work practices as the primary means to obtain compliance and the use of personal protective equipment when the exposure hazard cannot be eliminated or minimized to an acceptable level.
If you have reason to think exposure levels will be above the PEL, respirators are to be supplied at no cost to employees in the following situations:
) 1. During the interval necessary to install or implement feasible engineering controls and work practices;
2. In work operations such as maintenance and repair activities where engineering controls and work practices are not feasible;
3. In work situations where feasible engineering controls and work practices are not sufficient to obtain PEL compliance and;
4. In emergencies
The type of respirator required is a function of the degree to which the airborne concentration of asbestos exceeds the 0.2 f/cc PEL. OSHA regulations include a respirator protection program (29 CFR 1910.134 (b)(dXe)(f)) and respirator fit testing at the time of initial fitting and at least six months thereafter for each employee wearing a negative-pressure respirator
Protective clothing (i.a, whole-body clothing, head covering, gloves and foot covering) must be supplied to all employees exposed to airborne concentrations of asbestos in excess of the PEL. The regulations also cover laundering and hygiene facilities and practices.
A work area where the PEL will be exceeded is to be demarcated as a "regulated area". These areas contain ^friable asbestos and are almost always within the -'building's interior Any person entering a regulated area is to be supplied with an OSHA-approved respirator and there shall be no eating, drinking, smoking or chewing in the area.
On multi-employer worksites, an employer performing asbestos work requiring the establishment of a regulated area (i.e., an area where the airborne concentrations of asbestos exceeds or can reasonably be expected to exceed the 0.2 f/cc PEL) must inform other employers on the site of the nature of the asbestos work being performed and of the existence of and requirements pertaining to regulated areas (i.a, respirators, personal protective equipment) (29 CFR 1926.58 (d)).
Warning signs must be posted around regulated areas so that the sign can be read and necessary protective steps taken before entering the demarcated area. The sign must provide notification of: DANGER-ASBESTOSCANCER AND LUNG DISEASE-AUTHORIZED PERSONNEL ONLY RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA (20 CFR 1926.58 (k)).
Labels shall be affixed to all products and containers containing asbestos warning of the danger of asbestos fibers: DANGER CONTAINS ASBESTOS FIBERS AVOID CREATING DUST: CANCER AND LUNG DISEASE HAZARD. Labels are not required where the manufacturer can demonstrate that the asbestos fibers have been modified by a bonding agent coating, binder or other material such that there will be no release of asbestos in excess of the 0.1 f/cc "action" level.
If exposures are expected to be above the OSHA PEL and wherever feasible, the employer shall establish negative-pressure enclosures before commencing removal, demolition and renovation operations. Entry to and (it from the enclosure must be controlled. Employees working within the enclosure must wear protective clothing and respirators and be trained in the area of engineering controls, work practices and personal protective equipment. An asbestos-wise "competent" person, trained in a comprehensive course, such as a course conducted by an EPA Asbestos Training Center, is to supervise the project. Hygiene facilities and decontamination procedures must be used. (29 CFR.i926.58 (e)(6)). OSHA has written an exception to the negative pressure enclosure requirement, which states that the employer is not required to establish negative pressure enclosures, "For small-scale, short duration operation, such as pipe repair valve replacement, installing electrical conducts, installing or removing drywall, roofing, and other general building maintenance or renovation." (29 CFR 1926.58 (e)(6)(iv). It is not clear, however, how this exemption applies. A Court of Appeals recently directed OSHA to reconsider and clarify this provision. OSHA, as of February, 1988, is writing an "options" paper to address ail the provisions of this exemption.
The critical, technical question in regard to OSHA's standards is whether a contractor's operations with asbestos-containing materials will yield concentrations of airborne asbestos in excess of the 0.1 f/cc "action level" or the 0.2 f/cc PEL. The quantity of asbestos fibers
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emitted in any one roofing operation will be a function of a particular asbestos-containing material (ag., asphalt, asbestos roofing felts, asphalt-asbestos shingels, cementasbestos shingles), the operation being performed (e.g., removal of felt roofing, installation of roofing shingles), ambient environmental condition (eg., wind), and work practices employed (ag., wetting of asbestos-containing materials, careful handling of waste and dumping).
Test results gathered by the NRGA Asbestos Task
Force have shown, in most cases using phase contrast microscopy (PCM-see section on air monitoring and test methodology), exposure levels are below the OSHA 0.1 f/cc action level. When results using PCM have been above the action level, and taken to transmission electron microscopy (TEM), the actual asbestos levels reman below the OSHA action levete. This is because PCM cannot distinguish which fibers are asbestos, and counts wood, fiberglass, and/or other particles emitted.
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Regulations Promulgated By The Environmental Protection Agency (EPA)
" National Emission Standards for Hazardous Air Pollutants (NESHAP). Asbestos Regulations (40 CFR 61, Subpart M: 49 Fed. Reg. 13661, April 5, 1984). First promulgated in 1973 under the Clean Air Act, these regulations were revised in 1975 and 1978 to cover building renovations and asbestos emissions from asbestos-containing waste material, and were repromulgated on April 5, 1984. The regulation as it applies to demolition and renovation of a building deals with friable asbestos and distinguishes between facilities and friable asbestos materials of 160 square feet (15 square meters) on facility components or 260 linear feet (80 linear meters) on pipes, versus facilities with lesser quantitiea The purpose of the NESHAP regulations is to prevent discharge of any visible emissions of particulate asbestos material to outside air. Asbestos-containing roofing materials are generally considered to be non-friabla However, due to sawing, chopping, or cutting, some NESHAP officials may consider it differently. A list of EPA regional offices and NESHAP coordinators is on the next page It is recommended to contact your regional coordinator to determine the guidelines you need to follow when disposing of the asbestos-containing rooting material. These NESHAP regulations are currently being favised, although a timetable for the revised regulations
'iias not been issued at the time of the printing of this document. In the meantime, these regulations are in effect until further notice from EPA. For all demolition and renovation projects involving friable asbestos materials, EPA must be provided with notice of intention to demolish or renovate prior to beginning work. (40 CFR 61.146). For renovation projects, notice is to be given as early as possible before alterations are made. For demolition projects (i.a, the wrecking or taking out of any local bearing structural member), notice must be given at least 10 days prior to demolition for projects at least 160 square feet or 260 linear feet and 20 days prior to demolition for projects with lesser quantities of friable asbestos. The notice is to include the fallowing information: 1. Name and address of owner or operator of the demolition or renovation operations;
2. Description of the facility being demolished or renovated, including size, age and prior use of the facility;
3. Estimate of the approximate amount of friable asbestos-containing materia! present in the facility in terms of linear feel of pipe, and surface area on other building components;
4 Location of facility being demolished or renovated;
5. Scheduled starting and completion dates of demolition and/or renovation;
6. Nature of planned demolition and renovation and method to be used;
7. Procedures to be used to comply with EPA standards to prevent visible emissions of particulate asbestos material to outside area; and
a Name and location of the waste disposal site where the friable asbestos waste material will be deposited.
On buildings with at least 160 square feet of friable asbestos material and on facility components of 260 linear feet of friable asbestos material on pipes, the friable asbestos material must be removed prior to any demolition or renovation that would break up the material unless the asbestos is encased in concrete or similar material or the materials are adequately wetted whenever exposed (40 CFR 61.147).
When a facility component covered or coated with friable asbestos material is being removed in units or sections, the friable asbestos materials, exposed during cutting or disjointing operations, must be adequately wetted. The units or sections being removed must be carefully lowered to ground level and not dropped or thrown.
When friable asbestos-containing materials are being removed from any part of a facility prior to removal from a member; the asbestos-containing materials must be wetted. Similarly, if a facility component has been removed as a unit or section, the friable asbestos materials must be adequately wetted after the unit or section has been removed, prior to the removal of the asbestos
Friable asbestos materials that are being directly removed must be adequately wetted to ensure that they remain wet until collected for disposal, carefully lowered to ground level (not dropped or thrown) and transported to the ground via dust tight chutes or containers if removed more than 50 feet above ground level and not removed as units or sections.
EPA has also proposed a ban on the manufacture, importation and processing of five uses of asbestos: asbestos-containing roofing materials, asbestos-containing flooring materials (including vinyl-asbestos flooring backed with flooring felt), vinyl-asbestos floor tile, asbestos-cement pipe and fittings, and asbestos clothing (51 Fed. Reg. 3738 January 29, 1986). EPA further proposes to phase out over ten years the use of asbestos in all other products. These products would be prohibited because EPA believes that safer, economically competitive substances for these products are available and that the manufacture, processing and use of asbestos products leaves a "legacy of asbestos in the ambient air."
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EPA has also proposed to establish a permit system to phase out all other asbestos products for which there are no substitutes. Eventually, all mining and importation of asbestos would be prohibited, except where allowed under an exemption process. There is much debate over this proposed ban and phase out of asbestos products from asbestos industry organizations that feel it is unfair and unwarranted. EPA knows less about the health effects of some of the substitutes than they do about asbestos, and many organizations believe asbestos may be used in a controlled, safe and efficient manner.
EPA Regional Offices
4--Alabama
1--Maine
3--Pennsylvania
10--Alaska
3--Maryland
1--Rhode island
9--Arizona
1--Massachusetts 4--South Carolina
6--Arkansas
5--Michigan
8--South Dakota
9--California
5--Minnesota
4--Tennessee
8--Colorado
4--Mississippi
6--Texas
1--Connecticut 7--Missouri
8--Utah
3--Delaware
8--Montana
1--Vermont
3--D.C.
7--Nebraska
3--Virginia
4--Florida
9--Nevada
10--Washington
4--Georgia
1--New Hampshire 3--West Virginia
9--Hawaii
2--New Jersey
5--Wisconsin
10--Idaho
6--New Mexico 8--Wyoming
5--Illinois
2--New York
9--American
5--Indiana
4--North Carolina
Samoa
7--Iowa
. 8--North Dakota 9--Guam
7--Kansas
5--Ohio
2--Puerto Rico
4--Kentucky
6--Oklahoma
2--Virgin Islands
6--Louisiana 10--Oregon
Regional Asbestos NESHAP Coordinators
REGION 1 Bridget McGuiness Air Management Division U.S. Environmental
Protection Agency JFK Federal Building Boston, MA 02203 (617) 835-3266 FTS: 835-3266
REGION 2 Bob Fitzpatrick Air and Waste
Management Division U.S. Environmental
Protection Agency 26 Federal Plaza New York, NY 10278 (212) 264-2611 FTS: 264-2611
REGION 3 Steve Copeland Air Management Division U.S. Environmental
Protection Agency 841 Chestnut Street Philadelphia, PA 19107 (215) 597-9393 FTS: 597-9393
REGION 4 John Hund Ain Pesticides and Toxics
Management Division U.S. Environmental
Protection Agency 345 Courtland Street N.E. Atlanta, GA 30365 (404) 347-2904 FTS: 257-2904
REGION 5 Bruce Varner Air and Radiation Division U.S. Environmental
Protection Agency 230 South Dearborn Street Chicago, !L 60604 (312) 886-6793 FTS: 886-6793
REGION 6 Bruce Moore Air, Pesticides and Toxics
Division U.S. Environmental
Protection Agency 1445 Ross Avenue Dallas, TX 75202 (214) 655-7229 FTS: 255-7229
REGION 7 JoAnn Heiman Air and Toxics
Management Division U.S. Environmental
Protection Agency 726 Minnesota Avenue Kansas City, KS 66101 (913) 236-2896 FTS: 757-2896
REGION 8 Gail Brion Air and Toxics
Management Division U.S. Environmental
Protection Agency 999 18th Street Denver, CO 80202 (303) 293-1814 FTS: 564-1814
REGION 9 Janet Crawford Air Management Division U.S. Environmental
Protection Agency 215 Fremont Street San Francisco CA 94105 (415) 974-7633 FTS: 454-7633
REGION 10 Betty Swan Air and Toxics
Management Division U.S. Environmental
Protection Agency 1200 Sixth Avenue Seattle, WA 98101 (206) 442-2724 FTS: 399-2724
Revised S/87
11 BIRD 012262
The Asbestos Hazard Emergency Response Act of 1986 (AHERA)
This Legislation was enacted by Congress without a dissenting vote in the fall of 1986 and signed into law by President Reagan on October 22, 1986, as Title II of the Toxic Substance Control Act (TSCA). The Act requires all school systems to identify, develop management plans for and abate asbestos hazards in school buildings. EPA estimates that it will provide protection to 15 million school children and 1.4 million employees potentially exposed to friable asbestos in 31,000 schools.
EPA issued final rules governing asbestos inspections, procedures, re-inspections, response actions and asbestos transport and disposal on October 30, 1987 (40 CFR Part 763). These regulations require all local education agencies (LEAs) to identify asbestos-containing materials (ACM) in their school buildings and the appropriate actions to control release of asbestos fibers.
The AHERA regulations are intended to cover asbestos "in" school buildings and specified exterior portions. NRCA submitted comments to EPA requesting that roofing be specifically excluded from this standard. Although EPA did not specifically mention roofing in the final regulation, the regulation says, "Asbestos containing building material (ACBM) encompasses surfacing ACM, thermal system insulation ACM, and miscellaneous ACM \\n or on interior parts of the school building. These -/include specified exterior portions of school buildings that, for the purposes of this rule; may fairly by considered interior parts. EPA focused upon interior building materials because, in the Agency's experience, such materials represent a very large percentage of ACM in schools and appear' to pose the greatest hazards to occupants."
The definition of school building in the rule however, makes it clear that exterior hallways connecting buildings, porticos, and mechanical system insulation are considered to be in a building and are subject to jurisdiction under TSCA Title II. "The Agency believes that these exterior areas, by virtue of the accessibility of the ACM found there, warrant inclusion under the rule. Often, these exterior areas are connected to interior areas and could be considered to be a single homogeneous area in terms of a removal project design." NRCA has received, from the EPA Office of Toxic Substances, an oral determination that AHERA does not apply to roofing.
EPA will also develop a model contractor accreditation plan for workers who perform initial asbestos inspections, for persons who prepare management plans, and for abatement contractors. A laboratory accreditation program is to be developed by the National Bureau of Standards governing labs that analyze asbestos-air samples.
EPA is to conduct a study of the extent to which asbestos-containing materials is present in other public and commercial buildings and is to consider whether public and commercial buildings should be subject to the same inspection and response action requirements as are developed under AHERA for school buildings.
For further information, you may contact Edward A. Klein Director, TSCA Assistance Office (TS-799) Office of Toxic Substances, U.S. EPA, Room E-543, 401 M St S.W. Washington, D.C. 20460 202/554-1404
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BIRD 012263
State Statutes and Regulations Governing Asbestos
, \ A majority of states have enacted legislation ''concerning asbestos. A survey, undertaken by the
Bureau of National Affairs (BNA) in late 1986, revealed that 32 states enacted more than 60 asbestos-related statutes and that 75% of these states had passed them during the preceding two years. In addition to legislation, many states have promulgated regulations dealing with asbestos. YOU MUST BECOME FAMILIAR WITH THE STATE LAWS AND REGULATIONS IN THE STATE IN WHICH YOU ARE PERFORMING ASBESTOS RELATED WORK. Monitor your state's activity, and be sure to provide written comment to the appropriate state bodies.
Approximately 20 states (Alaska, Arkansas, California, Connecticut, Georgia, Illinois, Iowa, Kansas, Louisiana, Maryland, Michigan, Nebraska, New Hampshire, New Jersey, New York, Ohio, Oklahoma, Rhode Island, Utah, Vermont, Washington) have enacted statutes requiring licensing and/or certification of contractors performing asbestos work.
State agencies (ag., Department of Labor; Department of Health and Environment) have promulgated regulations establishing licensing criteria applicable to contractors engaged in the demolition, renovation, removal or encapsulation of friable asbestos material. Typically, the regulations require the satisfactory 'Tcompletion of an approved training course of a ^prescribed duration in the removal, abatement,
encapsulation and health and safety aspects of asbestos (eg., California (with some exception), Georgia, Maryland, Michigan, Nebraska, New Jer
sey, New York, Ohio, Washington). Notice and record keeping requirements are also common, identifying the asbestos project, the starting and completion dates, the procedures utilized and the disposal site. Generally, the state statutes and regulations call for asbestos abatement procedures similar to those set forth in federal regulations
Many states have enacted legislation dealing specifically with asbestos in schools and public buildings. These statutes generally required a survey to assess the extent and danger of asbestos materials and the development of an asbestos abatement plan (e.g,, Connecticut, Illinois, Louisiana, Maine, Maryland, Massachusetts, Missouri, New York, Virginia).
A few states have enacted legislation limiting the liability of government officials involved in asbestos abatement activities (Georgia, Mississippi, Tennessee). Louisiana and Ohio have enacted statutes limiting the contractor's liability while performing asbestos-related work, except in cases of negligence or violation of laws or regulations.
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13 BIRD 012264
Contractor Insurance Coverage Applicable to Asbestos
) A critical consideration for any contractor involved in
construction work where asbestos is or may be present is the matter of insurance coverage.
You should discuss specifically with your insurance advisor the question of what coverage is applicable to asbestos whenever your insurance policy is being revised, renewed or modified in any way so that you have a thorough and accurate understanding of the applicable insurance coverage and exclusions.
Workers' compensation and employer's liability coverage being offered to date does not contain a specific exclusion for diseases and injuries sustained by employees exposed to asbestos. Thus, to the extent of the applicable statutory limit and the limitations of the individual policy, contractors generally will have workers' compensation coverage applicable to a claim arising out of the use of or exposure to asbestos. However, courts may find that an employee who contracts a disease resulting from exposure to asbestos is not limited to the remedy provided under the applicable state workers' compensation statute
An injured employee is not necessarily limited to pursuing a workers' compensation claim against his employer. The employee may seek to pursue a claim ^against a third party such as another contractor (eg., a "general contractor if the injured person is an employee of a subcontractor) or an owner. The third party, in all likelihood, would in turn seek to recover from the employer of the injured employee, particularly if there was indemnification and hold harmless obligation in a contract between the employer and the third party (e.g,, in a subcontract between a subcontractor and general contractor). This third party claim or "claim over" against the contractor may or may not be covered by insurance. If coverage B of the contractor's workers' compensation policy, ``Employer's Liability," is held to be applicable to the claim, there should be insurance coverage because the workers' compensation policy does not contain an asbestos exclusion. On the other hand, if the contractor's comprehensive general liability, including contractual liability policies, are held to be applicable to the claim, there would not be insurance coverage if these policies contained an asbestos exclusion. (See discussion regarding Comprehensive General Liability Coverage)
The Comprehensive or Commercial General Liability Insurance (CGL) policy adopted by the Insurance Services Office (ISO) and widely, but not exclusively, used today normally does not contain a specific asbestos exclusion in the text of the policy. The policy I has, however, contained a "pollutant" exclusion for a number of years which generally states that the policy does not apply to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the
atmosphere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental. The above exclusion has been enlarged upon by the most recent modification promulgated by the Insurance Services Office by, inter alia, eliminating the "sudden and accidental" exception to the exclusion.
Comprehensive and commercial general liability insurance policies, including business owner's contractual liability, manufacturer's and contractor's liability, owner's and contractor's protective liability, owner's, landlords and tenant's liability and storekeeper's insurance policies currently issued typically will include language along the fallowing lines, either in the text of the policy or, by endorsement to the policy:
"1. To bodily injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants:
(a) At or from premises owned, rented or occupied by the named insured;
(b) At or from any site of location used by or for the named insured or others for the handling, storage, disposal, processing or treatment of waste;
(c) Which are at any time transported, handled, stored, treated, disposed of, or processed as waste by or for the named insured or any person or organization for whom the named insured may be legally responsible; or
(d) At or from any site or location on which the named insured or any contractors or subcontractors working directly or indirectly on behalf of the named insured are performing operations:
(i) If the pollutants are brought on or to the site or location in connection with such operations; or
(ii) If the operations are to test for, monitor clean up, remove, contain, treat, detoxify or neutralize the pollutants.
"2. To any loss, cost or expense arising out of any governmental direction or request that the named insured test for; monitor, clean up, remove, contain, treat detoxify or neutralize pollutants. Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke; vapor, soot, fumes, acids, alkalis, chemicals, and waste Waste includes materials to be recycled, reconditioned or reclamed." An argument might be made that an asbestos claim was excluded under the pollution exclusion.
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BIRD 012265
Within the past yeai; a specific asbestos exclusion is increasingly being made a part of comprehensive or commercial general liability and umbrella excess liability policies. This exclusion generally reads along the following lines:
"(a) This policy does not apply to: bodily injury or property damage arising in part of wholly out of contact with or proximity to asbestos, hornblende, materials made from or incorporating asbestos or hornblende, or any materials made from or incorporating or having been in contact with or in proximity to items similar in composition to asbestos or hornblende, whether on the part of the insured or another, whether as a result of installation, removal, testing, inhaling of fumes, or any other form of proximity to asbestos, or hornblende or other materials described above
"(b) A typical excess policy exclusion, may read: `It is understood and agreed that such insurance as is afforded by this policy does not apply to any and all liability for bodily injury, disease or illness, including death at any time resulting therefrom, or property damage for past, present or future claims arising in whole or in part, either directly or indirectly, out of the manufacture distribution, sale resale, rebranding, handling of, or exposure te asbestos or products containing asbestos whether or not the asbestos is or was at any time airborne as a fiber or particle, contained in a product, carried on clothing, inhaled, transmitted in any fashion, or found in any form whatsoever1
"It is further understood and agreed that this policy will not become excess of any reduced or exhausted underlying aggregate limit of liability or aggregate selfinsured retention to the extent such reduction or exhaustion is the result of claims, damage or loss excluded by this endorsement."
The asbestos exclusion endorsement has become commonplace in both CGL and umbrella policies If this occurs in your policy, you would have no coverage under your underlying CGL and umbrella policies for liability claims based on the handling of asbestos or asbestoscontaining materials.
The CGL insurance coverage provided by CNA through the National Roofing Contractors Association (NRCA/CNA insurance program) as of Feb. 1988, did not contain the asbestos exclusion endorsement to the primary CGL policy, but the exclusion present in Umbrella Excess Liability policies.
There are some special policies applicable to asbestos liability. Several insurance companies offer asbestos liability insurance coverage. These "special policies" are designed for asbestos abatement contractors and have very high premiums. A minimum annual deposit premium of $25,000 and a per project insurance premium of 16% to 18% of the contract amount is common.
15 BIRD 012266
Contractual Provisions Pertaining to Asbestos-Related Construction Work
If you do not contemplate performing any asbestosrelated work during a construction project, you should consider inserting an express provision to this effect in your proposal or contract. Otherwise, if you unexpectedly encounter asbestos, you might find yourself liable to handle asbestos-containing materials and incur a much greater expense than anticipated in complying with the regulatory requirements applicable to asbestos. There should be a dear definition of the scope of work you will
perform so that all parties know at the outset of the project whether asbestos-containing materials are
invdved. Beware of this type of standard construction contract
language which could pose a problem if asbestos is found: "By executing the contract, the contractor represents that he has visited the site and familiarized himself with the work and the conditions under which the work is to be performed."
In the absence of a specific contractual provision dealing with asbestos, the above language might be construed to obligate you to perform asbestos abatement work in situations where you did not intend to do so because you were not aware that asbestos materials ' \were to be removed. J Provisions along the following lines might be
appropriate for a roofing contractor who does re-roofing work, but does not intend to perform any asbestos roofing materials removal work:
"This proposal is based on the assumption that the radsting roof does not contain asbestos or any material containing asbestos. Contractor is not engaged in the identification, abatement, encapsulation or removal of asbestos or asbestoscontaining materials and will not be responsible for asbestos abatement or removal. In the event that asbestos or material containing asbestos is discovered during the course of the work described in this proposal. Contractor reserves the right to rescind this contract and receive payment for work performed or suspend its work for a reasonable period of time while the Owner engages a firm specializing in the removal and disposal of asbestos to remove the asbestos from the work site. Contractor shall be entitled to reasonable compensation for extra expenses incurred by Contractor as a result of the presence of asbestos-containing material at the work site.
"Contractor is not responsible for any claims, , demands, or damages arising out of the removal of jasbestos from the work site and the Owner, by accepting this proposal, agrees to release Contractor from any such claims, demands or damages.
"The Owner, in consideration of Contractor performing the work in this contract, hereby agrees
to indemnify, defend and hold harmless Contractor from and against any and all liability, damages, losses, claims, demands, or lawsuits arising out of or relating to the presence of asbestos or asbestos-containing material at the work site."
The 1987 construction contract documents promulgated by the American Institute of Architects (AIA) contain provisions for the first rime specifically dealing with asbestos. The General Condition of the Contract for Construction (10.12), AIA Document A201, and the standard form of agreement between contractor and subcontractor (433), AIA Document A401, 1987 editions, call for the contractor and subcontractor respectively to stop work if they encounter asbestos which has not been rendered harmless:
"In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed In the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4."
The AIA documents contain a carefully circumscribed, limited hold harmless obligation running from the owner to the contractor, architect, and architect's agents under AIA 201, 10.1.4., and from the contractor to the
subcontractor and sub-subcontractors under AIA 401, 43.4. Pursuant to these provisions, for example, the contractor would be obligated to indemnify and hold harmless the subcontractor against claims arising out of the performance of work in an area where there may be asbestos, if indeed asbestos is found and the asbestos material has not been rendered harmless, and the claim is attributable to bodily injury or injury to tangible
property and to the extent the injury is caused by the negligent act or omission of the contractor; architect or owner.
The limited provisions in the 1987 AIA documents do not address the situation faced by the contractor whose work is known to include handling asbestos-containing materials. If the owner calls upon you to remove, install
or otherwise handle asbestos-containing materials, you might consider including a hold harmless clause in your contract providing that the owner will indemnify and hold
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BIRD 012267
you harmless from and against all claims arising out of the handling of the asbestos, provided you have not acted in a negligent manner
For instance, a contractor when having become familiar with and intending to comply with EPA, OSHA and applicable state requirements pertaining to asbestos, decides to engage in the business of removal of asbestos-containing materials, might consider including this provision in his contracts with owners and other contractors who desire his services:
"Provided subcontractor conducts his operations in accordance with the applicable requirements established by the Occupation Safety and Health Administration and the Environmental Protection Agency, Owner agrees to exonerate, indemnify, defend and hold harmless Subcontractor from and against ail claims, demands and lawsuits and all damages, expenses and losses incurred by
Subcontractor's removal of asbestos-containing materials from Owner's building and work site."
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17 BIRD 012268
Respiratory Protection
: ) If exposure levels are above the OSHA 0.2 f/cc PEL 'and if engineering controls and work practices cannot
reduce the exposure below the PEL, employers are required to provide respiratory protection as required by OSHA. OSHA has established various levels of exposure and the corresponding respiratory protection that is required.
At level one (ten times the PEL or exposure up to 2 f/cc), OSHA requires the wearing of a half mask air purifying respirator with high efficiency filters.
At level 2 (50 times the PEL or exposure from 2 f/cc to 10 f/cc), OSHA requires employees to wear at least a full facepiece air purifying respirator with high efficiency filters.
At level 3 (100 times the PEL or exposure to 20 f/cc to 200 f/cc), OSHA requires a full facepiece supplied air respirator operated in the pressure demand mode.
At level 5 (1000 times the PEL or exposure greater than 200 f/cc or exposure to unknown concentrations), OSHA requires at least a full facepiece supplied airrespirator equipped with an auxiliary positive pressure self-contained breathing apparatus (SCBA).
At levels 1 and 2, the air purifying respirators remove contaminants by filtering inhaled air. The filters provide protection against asbestos fibers with a disposable air 'Apurrfying filter. The filters are made of fibrous material that Straps harmful particles as dr is inhded. In half-masked
respirators, optiond eye protection may be desired as well.
At level 3, positive dr pressure respirators (PAPRs) or constant flow air line respirators are required. These respirators provide positive-pressure filters or chemicaltype respirators with a motor blower assembly that draws
dr through the filtering elements to the facepiece This type of respirator provides greater mobility and enhanced worker comfort because the worker is not tethered to an drline and the continuous drfiow over the worker's face provide cooling. It is advisable to choose a PAPR with a full face piece to prevent eye irritation. Constant-flow airline respirators dso deliver a continuous flow of dr but it is not delivered on demand.
At level 5i OSHA requires a pressure-demand dr-line respirator with an auxiliary positive pressure (SCBA).
There are some other considerations that should be taken into account when selecting a respirator. Of most importance is facepiece fit testing and communication dda OSHA requires employers to conduct facepiece fit testing on dl negative-pressure respirators being used. Fit testing helps prevent inward leakage of any air contaminants. The employer can perform a quditative or quantitive facepiece-fit test. Quditative facepiece tests are based on an individud's detection of inward leakage by smell or irritation. While the employee wears the respirator as if he were working, he is asked to detect the odor of some irritant, such as banana oil, in a test enclosure. If the worker can smell the irritant, the facepiece does not fit properly and another size is distributed.
Quantitative tests are based on the actud measurement of facepiece leakage with andyticd instruments. These tests are performed continuously, while the worker performs specid physicd exercises to simulate different workload situations.
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BIRD 012269
Air Monitoring and Test Methodology
, ') Whether you actually engage in air monitoring for ' asbestos or examine existing sampling data, you need to become familiar with the technology and methodology most commonly used, as they can have a tremendous impact on the validity and meaning of the test results. Typical asbestos sampling devices are portable pumps that are worn by workers. The pump draws samples through a filter cassette that traps asbestos particiea The filter is sent to a laboratory for analysis, where asbestos fibers are evaluated according to the time of exposure to determine worker exposure as an 8 hour time-weighted average. The accepted sampling procedure for OSHA and EPA is NIOSH method 7400, so make sure to specify the use of equipment that will comply with this method. The sampling techniques and analysis used in obtaining scientifically valid measurements of airborne asbestos fibers exposure are critical. The most frequently used method to analyze asbestos air sampling is phase contrast microscopy (PCM). This method is recommended by the National Institute for Occupational Safety and Health (NIOSH) and is acceptable to OSHA. The advantages of PCM are that it is readily available throughout the country, economical ($25 to $50 per
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sample) and can be completed quickly (one hour preparation and analysis, less than six hours turn-around time, according to EPA). PCM, however, has limited sensitivity and cannot identify asbestos fibers; PCM identifies all fibers. There may be fibers detected that are actually from the insulation or felt material and are not asbestos.
A far more sensitive method for analyzing asbestos airborne fibers is transmission electron microscopy (TEM), which requires the use of a very expensive electron microscope. The costs increase dramatically (EPA estimates a per sample cost of $200 to $600) and 4 to 24 hours or preparation and a 2 to 7-day turn around time is normally required.
Because of the practicality of using PCM, you can obtain results, initially using this method and if the eight hour, time-weighted average reading for fibers is greater than 0.1 flee, then you can take the sample to TEM to determine which of those fibers are indeed asbestos. Data have shown many other fibers are counted in PCM.
Regardless of the microscopic analysis method used, EPA recommends that at least 3000 liters of air be drawn through each filter at an airflow rate of 2 to 12 liters per minute and at least 5 samples be collected in each homogeneous worksite As the amount of airflow decreases, the accuracy of the results also diminishes.
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19 BIRD 012270
Sources of Additional Information
'T\ Contractors looking for more information should start ,a>t>y calling NRCA; phone number is 312/318-NRCA. We
can at least provide you with the proper sources for answers to your particular questions.
NRCA and the National Roofing Legal Resource Center (NRLRC) are involved in an ongoing project
examining state agencies, regulations and statutes applicable to roofing contractors handling asbestoscontaining roofing materials. A report will be mailed to all NRCA and NRLRC members.
In addition, all local, state and regional associations affiliated with NRCA are excellent sources of information.
The Asbestos Information Association, 1745 Jefferson Davis Highway, Crystal Square 4, Suite 509, Arlington, VA 22202, 703/979-1150, is an organization composed of asbestos manufacturers, and has compiled a considerable amount of asbestos-handling information.
The Asbestos Institute, 1130 Sherbrooke St. West, Montreal, Quebec, Canada H3A 2M8, publishes regular newsletters on asbestos-related issues.
The Safe Buildings Alliance, 655 15th St., NW, Suite 1200, Washington, DC 20005, is an organization composed of former manufacturers of asbestos, and publishes information specifically relating to asbestos in buildings.
Individual manufacturers of asbestos-containing materials may be in a position to assist you in developing your company policies and programs, and in providing specific information on their products. Manufacturerprovided Material Safety Data Sheets (MSDS) should list asbestos when it is included in a product.
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20 BIRD 012271
