Document oeEBq9V51dkJNjE7O83KQvQbg

Department of Environmental Sciences M 0 Varner Director February 16, 1984 FrOm MM OO Varner COp-ed tor. R J Mjlh U'-'H Mr. M. 0. Varner Building Draft Permanent OSHA Standard for Asbestos A draft copy of the proposed OSHA permanent standard for occupational exposure to asbestos was recently procured by Gary E. Walter from a representative of the Asbestos Information Association. A review of the provisions and comments included therein merit early consideration and planning, in my opinion. Proposed Regulations The regulatory text contains the exact same regulatory text published in the Emergency Temporary Standard (ETS) (48 FR 51086), because Section 6(c)(3) of the OSHA Act specifies that the ETS serves as a proposal for a permanent standard. However, the preamble contains references to numerous add itions and revisions under consideration. Proposed Timetables Deadlines following publication in the Federal Register include: 30 days for notices of intent to appear at the informal hearing. 45 days for submission of comments, documentary evidence and the full text of verbal testimony to be presented at the hearing. 60 days for commencement of the informal rulemaking hearing. Permissible Exposure Limit Preliminary regulatory analyses have been prepared for possible PEL's of 0.5 f/cc, 0.2 f/cc and 0.1 f/cc. OSHA, however, cautions that it "...may, therefore, set a PEL that is higher or lower" than these values. CAPCO JEN 0002446 Lung Cancer Risk Estimates OSHA's predicted 45-year exposure risk 64 excess deaths (per 1000 workers) at deaths at 0.5 f/cc, 7 excess deaths at cess deaths at a 0.1 f/cc PEL. for 2.0 0.2 lung cancer is f/cc, 17 excess f/cc and 3 ex Definition of Asbestos OSHA is considering the addition of the following language to the definition of "asbestos": "...and every product containing any of these minerals and any of these minerals that has been chemically treated and/or altered." Also, OSHA may amend the definition of "asbestos fiber" to "a particulate form of asbestos, 5 micrometers or longer, with a length-to-diameter ratio of at least 3 to 1, and with a maximum diameter of 5 micrometers." Although this defini tion would clearly include all nonasbestosform material meeting these criteria, OSHA is inviting comments "...on how mineral fibers that are not asbestos in the mineralogic sense should be regulated." Ceiling Limit OSHA is considering modifying the ceiling limit to 2 f/cc (from 10 f/cc) as measured over any 15-minute period during the workshift. Action Level OSHA is considering an action level of 0.2 f/cc or half the actual chosen PEL which would trigger certain require ments, such as exposure monitoring, regulated areas, hygiene facilities, protective clothing and medical surveillance requirements of the asbestos standard. Regulated Areas OSHA anticipates that the final standard will require the establishment of regulated areas by the employer to prevent asbestos exposure to unauthorized persons. Of course, certain activities such as smoking and eating will be pro hibited in regulated areas. Methods of Compliance OSHA considers it appropriate to retain the ETS proposal to allow flexibility in using any feasible combination of engineering controls, work practices and personal protective equipment and devices to reduce employee exposure to the PEL. However, OSHA intends to revoke the requirement in the current standard that personnel rotation should be used to control exposures to asbestos. CAPCO JEN 0002447 Respiratory Protection OSHA recognizes that, if a much lower PEL is ultimately promulgated, improved respirator types must be required at lower ambient air levels. OSHA also plans to require the use of high efficiency filters with air-purifying type respirators. Protective Clothing OSHA expects the final standard to contain the provision that employers must provide at no cost to the employee, coveralls or similar clothing and provide for laundering under certain circumstances, whenever employees are exposed at or above the action level. Medical Surveillance Program The action level is proposed to replace the current 0.1 f/cc level as the triggering mechanism for the medical sur veillance program. OSHA is considering reducing the frequency of X-rays and adding screening tests for colo-rectal cancer and asbestosis. Methods of Measurement OSHA is proposing retention of the phase contrast micro scopy analysis but mandate technical training, laboratory certification, and laboratory participation in a round robin testing program wherein labs must receive passing grades to retain certification. OSHA, however, will con sider other analytical methods to replace optical microscopy, such as electron microscopy. OSHA is seeking comments on the statistical limits of measurements down to 0.1 f/cc. Hygiene Facilities and Practices OSHA may require separate change room facilities, one for clean clothes, and one for dirty clothes. In addition, showering facilities may be required. These would be trig gered at the action level. Signs and Labels OSHA may revise the language to read as follows: DANGER ASBESTOS HAZARD CANCER AND LUNG DISEASE HAZARD AUTHORIZED PERSONNEL ONLY RESPIRATORS & PROTECTIVE CLOTHING MAY BE REQUIRED TO BE WORN IN THIS AREA CAPCO JEN 0002448 Recordkeeping OSHA will revise the existing provision to require that medical records be preserved and maintained for at least the duration of employment plus thirty years. Construction Industry Much discussion is made regarding whether or not to include the construction industry under any of the provisions of the OSHA asbestos standard, coupled with numerous requests for comments. Certification System OSHA is considering a system for certification and liscensing of employers and employees. Competency would be established in large part by the results of an examination. Work with asbestos could be performed only by specially trained "quali fied" and "competent" persons. Apparently this requirement may seek to mimic Great Britain where employer liscensing be comes effective on August 1, 1984. This system would include detailed reporting requirements for employers, should such a system be adopted. LDW/lb Lowell D. White, Ph.D Senior Environmental Scientist CAPCO JEN 0002449 ASARCO Department of Environmental Sciences M 0. Varner Director Mr. M. 0. Varner Building February 16, 1984 \ 0^ ______ / i. From M O Varner Copied tof: RJ. Mutft U'fW yj .rf! u! lvrtc-l l(3. V^lawk^oj'' . Samson L A Draft Permanent OSHA Standard for Asbestos A draft copy of the proposed OSHA permanent standard for occupational exposure to asbestos was recently procured by Gary E. Walter from a representative of the Asbestos Information Association. A review of the provisions and comments included therein merit early consideration and planning, in my opinion. Proposed Regulations The regulatory text contains the exact same regulatory text published in the Emergency Temporary Standard (ETS) (48 FR 51086), because Section 6(c)(3) of the OSHA Act specifies that the ETS serves as a proposal for a permanent standard. However, the preamble contains references to numerous add itions and revisions under consideration. Proposed Timetables Deadlines following publication in the Federal Register include: 30 days for notices of intent to appear at the informal hearing. 45 days for submission of comments, documentary evidence and the full text of verbal testimony to be presented at the hearing. 60 days for commencement of the informal rulemaking hearing. Permissible Exposure Limit Preliminary regulatory analyses have been prepared for possible PEL'S of 0.5 f/cc, 0.2 f/cc and 0.1 f/cc. OSHA, however, cautions that it "...may, therefore, set a PEL that is higher or lower" than these values. ASARCO Incorporated 3422 South 700 West. Salt Lake City. Utah 84119-4191 (801) 262-2459 CAPCO JEN 0002450 2- - Lung Cancer Risk Estimates OSHA's predicted 45-year exposure risk for lung cancer is 64 excess deaths (per 1000 workers) at 2.0 f/cc, 17 excess deaths at 0.5 f/cc, 7 excess deaths at 0.2 f/cc and 3 ex cess deaths at a 0.1 f/cc PEL. Definition of Asbestos OSHA is considering the addition of the following language to the definition of "asbestos": "...and every product containing any of these minerals and any of these minerals that has been chemically treated and/or altered." Also, OSHA may amend the definition of "asbestos fiber" to "a particulate form of asbestos, 5 micrometers or longer, with a length-to-diameter ratio of at least 3 to 1, and with a maximum diameter of 5 micrometers." Although this defini tion would clearly include all nonasbestosform material meeting these criteria, OSHA is inviting comments "...on how mineral fibers that are not asbestos in the mineralogic sense should be regulated." Ceiling Limit OSHA is considering modifying the ceiling limit to 2 f/cc (from 10 f/cc) as measured over any 15-minute period during the workshift. Action Level OSHA is considering an action level of 0.2 f/cc or half the actual chosen PEL which would trigger certain require ments, such as exposure monitoring, regulated areas, hygiene facilities, protective clothing and medical surveillance requirements of the asbestos standard. Regulated Areas OSHA anticipates that the final standard will require the establishment of regulated areas by the employer to prevent asbestos exposure to unauthorized persons. Of course, certain activities such as smoking and eating will be pro hibited in regulated areas. Methods of Compliance OSHA considers it appropriate to retain the ETS proposal to allow flexibility in using any feasible combination of engineering controls, work practices and personal protective equipment and devices to reduce employee exposure to the PEL. However, OSHA intends to revoke the requirement in the current standard that personnel rotation should be used to control exposures to asbestos. CAPCO JEN 0002451 Respiratory Protection OSHA recognizes that, if a much lower PEL is ultimately promulgated, improved respirator types must be required at lower ambient air levels. OSHA also plans to require the use of high efficiency filters with air-purifying type respirators. Protective Clothing OSHA expects the final standard to contain the provision that employers must provide at no cost to the employee, coveralls or similar clothing and provide for laundering under certain circumstances, whenever employees are exposed at or above the action level. Medical Surveillance Program The action level is proposed to replace the current 0.1 f/cc level as the triggering mechanism for the medical sur veillance program. OSHA is considering reducing the frequency of X-rays and adding screening tests for colo-rectal cancer and asbestosis. Methods of Measurement OSHA is proposing retention of the phase contrast micro scopy analysis but mandate technical training, laboratory certification, and laboratory participation in a round robin testing program wherein labs must receive passing grades to retain certification. OSHA, however, will con sider other analytical methods to replace optical microscopy, such as electron microscopy. OSHA is seeking comments on the statistical limits of measurements down to 0.1 f/cc. Hygiene Facilities and Practices OSHA may require separate change room facilities, one for clean clothes, and one for dirty clothes. In addition, showering facilities may be required. These would be trig gered at the action level. Signs and Labels OSHA may revise the language to read as follows: DANGER ASBESTOS HAZARD CANCER AND LUNG DISEASE HAZARD AUTHORIZED PERSONNEL ONLY RESPIRATORS & PROTECTIVE CLOTHING MAY BE REQUIRED TO BE WORN IN THIS AREA CAPCO JEN 00024-52 -4- Recordkeeping OSHA will revise the existing provision to require that medical records be preserved and maintained for at least the duration of employment plus thirty years. Construction Industry Much discussion is made regarding whether or not to include the construction industry under any of the provisions of the OSHA asbestos standard, coupled with numerous requests for comments. Certification System OSHA is considering a system for certification and liscensing of employers and employees. Competency would be established in large part by the results of an examination. Work with asbestos could be performed only by specially trained "quali fied" and "competent" persons. Apparently this requirement may seek to mimic Great Britain where employer liscensing be comes effective on August 1, 1984. This system would include detailed reporting requirements for employers, should such a system be adopted. LDW/lb Lowell D. White, Ph.D. Senior Environmental Scientist CAPCO JEN 0002453 CftPCO fEE21i:t'' CAPCO JEN 0002454