Document nmmooop100QKYeY3oMbo655K6
Federal Register / Vol. 51, No. 119 / Friday, June 20, 1986 / Rules and Regulations
22709
asbestos roofing paper and felts, the
with the BCTD'8 contention that 0.1 f/cc for construction does not.establish a
removal of asbestos-containing building is a feasible BrhourTWA PEL and has
ceiling or short-term exposure limit for
materials during repair and demolition identified a number of operations in
asbestos. This differs from the existing
activities, and the removal of asbestos construction where such an exposure
asbestos standard, which Imposes a
jj insulation during abatement projects..
level cannot be achieved through the use ceiling limit of 10 f/cc, and from the
OSHA believes that by promulgating a of engineering controls and work
April proposal, which would have
revised PEL of 0.2 f/cc, it has fulfilled its practices. By promulgating an 6-hour
retained this requirement. OSHA's
; mandate to protect workers from the
TWA PEL of 0.2 f/cc, OSHA is also
decision not to promulgate a celling or
!j harmful effects of asbestos exposure
concurring with the recommendation
short-term limit for either the general
within the confines of technological
made by the Advisory Committee for
industry or construction standard is
feasibility.'
Construction Safety and Health
discussed at length in Section X of this
) i The vast majority of rulemaking .
(CACOSH) that any reduction made in preamble (Summary and Explanation for
t participants were in favor of reducing.
f the 2.0 f/cc PEL Organizations that
the asbestos PEL for general industry
a Revised Standard for General
also applies to the construction industry. Industry). To summarize, OSHA is not
| supported a reduction in the PEL
Specifically, CACOSH stated this view promulgating a short-term exposure limit
j included the Advisory Committee for
as follows;
for asbestos because toxicological and
' s Construction Safety and Health (Ex. 84f. 424). the National Institute for
i f Occupational Safety and Health, (Tr. 6/
Because alt employees deserve equal protection against the effects of a given toxic material, the same exposure limits should be
dose-response evidence fail to show that short-term exposure to asbestos is associated with an independent or .
| 21; pp. 59,65), the Associated General
applied to all industries, including
greater adverse health effect than is
J Contractors of America (Ex. 84-457), the construction. (Ex. B4-233. p. 5)
exposure to the corresponding 8-hour
V Building and Construction Trades > Department, AFL-CIO (Exs. 277: 330; Tr.
: i 6/27, p. 72), the United Association of
) Journeymen and Apprentices of the
. } Plumbing and Pipefitting Industry (Tr. 6/
27, p. 120). the International Association f of Bridge, Structural, and Ornamental i Iron Works (Tr. 6/27, p. 108), the United ] Brotherhood of Carpenters and Joiners
of America (Tr. 6/26, p. 157), the jf International Union of Bricklayers and i Allied Craftsmen (Tr. 6/26, p. 119), the
: , International Brotherhood of Teamsters (Tr. 7/3, pp. 161-182), the United
j : Steelworkers of-America (Tr. 7/3, p. 132), the International Brotherhood of
i Boilermakers (Tr. 7/3, p. 174)1 the
Another issue discussed in the April
notice was the need to promulgate different PELs for different types of asbestos fiber. As discussed in Section IV (Health Effects), epidemiologic data
suggest that exposure to amphiboles, particularly crocidolite, is associated with a higher risk of mortality from mesothelioma than is exposure to chrysolite. The United Kingdom and the
Province of Ontario have both, promulgated lower PELs for crocidolite than for other types of asbestos minerals, based on these data (Exs. 84379, 84-223).
Comments that OSHA received on
this issue recommended against the
TWA level; that is, there is no evidence
that exposure to asbestos results in a "dose-rate" effect. ThiB is reflected In
OSHA's risk models for lung cancer and mesothelioma, which associate health risk with cumulative dose. The decision not to promulgate a short-term exposure limit for asbestos is consistent with OSHA's recent policy decision described in the Supplemental Statement of Reasons for the Final Rule
for Ethylene Oxide (50 FR 64), in which OSHA established that short-term exposure limits for-ioxic substances arenot Warranted in the absence of health evidence demonstrating a dose-rate
effect.
National Constructors Association (Tr. 7/12, p. 142), Organization ResourcesCounselors.(Ex. 123-A), the Oil,
promulgation of different PELs for the different forms of asbestos. For example. NIOSH (Tr. 8/21), ORC (Ex.
Paragraph (d)--Communication Among Employers
1 !t Chemical, and Atomic Workers Union
j ' (Tr. 6/26, p. 9), and the Asbestos.
( Information Association of North .
i America (Tr. 7/6, p. 10).
123-A), and A1A lEx. 328) did not believe thst the scientific evidence warranted this approach. OSHA agrees with this assessment of the evidence.
Paragraph (d) of the revised rule requires that, on multi-employer construction worksites, employers performing asbestos work requiring the
. Most of these organizations (Trs. 8/26, Although a differential risk by fiber type establishment of a regulated area inform
: p, .9; 8/27, p. 120; 6/27, p. 108; 6/27. p.
for mesothelioma is suggested by the
other employers on the site of the nature
157; 6/27. p. 119; 7/3, pp. 161-162; 7/3, p. human studies, no differential risk is
of their work with asbestos and of the
, 132; 7/3, p. 174; 7/3, p. 158) supported the evident for lung cancer. In addition,
existence of and requirements
standard recommended bv the BCTD
animal inhalation and injection studies pertaining to regulated areas. This ,,
jj (Exs. 227; 330; Tr. 6/27, p. 72) that the 8- suggest that chrysotile, and not the
provision is new and has been included
| hour TWA PEL be reduced to 0.1 f/cc.
amphiboles. pose the greatest hazard.
to minimize the exposure of employees .
: 3, This recommendation was based on the As discussed in Section IV, a number of. working near the asbestos work area.
5 .. significant risk of death from
mechanisms have been proposed to
For example, plumbers, electricians,
6 cancer and other health impairments
explain these human and animal results. carpenters, and workers from other
5 due to occupational exposures to
OSHA has found that these results and construction trades frequently work
w asbestos . . ." in the construction
the scientific community's current level alongside of employees installing .
S industry (Ex. 330, p. 31): The-BCTD
of understanding of the mechanisms
asbestos-containing materials, and
$ argued that OSHA's belief, as expressed - leading to asbestos-related disease are paragraph (d) intends that employers
* in the April notice, that the 0.5 and 0.2 f/ insufficient to justify the establishment engaged in asbestos work notify the
.|. cc alternative PEL'S were the lowest that of different PELs for the different
employers responsible for the safety and
j |. could be achieved through-the use of
asbestos minerals. Accordingly, in the
health of these nearby workers of the
: y engineering controls and work practices revised rule,, the Agency has retained . hazards of asbestos. OSHA has
j |: ". . . is no. longer valid (since) it is
the concept of the existing asbestos
included this provision after reviewing
* contrary to the weight of evidence
standard that one PEL be established for the record evidence on the hazards and
) |. contained in the record . . ." (Ex. 330, p. all types of-asbestos minerals.
health effects.associated with the
; 31). As discussed above and in Section
As with the revised standard for
incidental exposure of employees and
- ? VII of this Preamble, OSHA disagrees
general industry, the revised standard
bystanders who were not themselves
. .1
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