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D.N.CO. .* ) 'INTER-OFFICE MEMORANDUM to \j. H. Walton at 1586 KB Cories to d. R. Canham P. J. Franklin P. D. Orleman E. H. Schaper J. S. Sheahan R. J. Wiborn date July 31, 1972 from A. J./Trommershausen at 2675 OB Subject Antioch - Asbestos You are already quite familiar with the OSHA asbestos standards; however, a copy is attached for your easy reference. On April 12 and July 18 air samples were taken at the Antioch Gypsum plant. The area sampled was on*the second deck of the pre-mix department where the bags of the various materials are dumped into hoppers. Fifteen to fifty bags of asbestos are dumped in an eighthour shift, depending on the product. Personal samplers were used according to standard procedures. The asbestos counting was done by Trapelo/West and the School of Public Health at the University of California in Berkeley. RESULTS Name - Badge No. Sample Date Volume Fibers No. Sampled Sampled per ml Operation Jan Wright - 6223 Jan Wright - 6223 Jan Wright - 6223 W. Potter - 6185 Jan Wright - 6223 W. Potter - 6185 1A 4/12 26 27.1* Dumping bags 2A 4/12 35 2.9* Sweeping 3A 7/18 146 1.0 Dumping bags 4A 7/18 162 1.0 Dumping bags 5A 7/18 84 1.0 Dumping bags 6A 7/18 62 2.0 Dumping bags Reported by analyst - "The fibers on 1A and 2A were extremely bulky, not as slender as typical asbestos fibers. After discussion of these two results with specialists at the School of Public Health, it appears likely that materials other than asbestos were counted. This possibility was avoided in the samples taken on July 18 by supplying samples of all the materials to the microscopist for examination and comparison studies. With the exception of sample No. 1A, which is suspect, the results are within the present threshold limit value of 5 fibers per milliliter (time-weighted average). KG-0011 J. H. Walton 2 July 31, 1972 RECOMMENDATIONS 1. Respirators Maintain present practice of wearing respirators when handling asbestos - such as unloading cars, dumping bags, weighing and disposing of bags. The rationale for doing this, in view of the low values found, is to avoid the inhalation of large amounts of asbestos dust for short periods, as it is possible that the ceiling concentration of 10 fibers per milliliter will occasionally be exceeded for brief periods at the times the bags are dumped. Ceiling concentration will be determined upon the next visit. . 2. Protective Clothing The regulations specify special clothes, change rooms and double lockers when airborne asbestos fibers exceed the limits. We seem to be in compliance with the time-weighted average, and at this time a protective clothing program is not indicated. However, this matter should be left open and studied further. One reason for the change in clothing requirement is to prevent the workmen from taking asbestos contaminated clothing home to their families. Consequently, steps should be taken to avoid accidents and poor work practices which would cause excessive asbestos dusts in the workers' clothing. 3. Clean-up A vacuum cleaner should be obtained and used frequently during the day to pick up asbestos spills. The material picked up should be dumped into the hopper to be processed; or, if considered as waste, placed in plastic bags, tied, labeled and buried. 4. Empty Bag Disposal The empty asbestos bags should be segregated and placed in plastic bags, tied, labeled and buried. The present practice of "throwing" the empty asbestos bags after dumping should be discouraged. 5. Signs and Labels A warning sign should be posted according to the regulations paragraph 1910.93a(g) (1). It also appears that the dry mixes which contain asbestos should contain a warning label - paragraph 1910.93a(g)(2). J. H. Walton t ) 3 July 31, 1972 6. Recordkeeping Exposure records must be maintained for three years and made available to the workmen; and, in addition,' notification in writing must be made to the employee when the exposures exceed the limits. In the present case, the exposures should be noted in the personnel files, but formal notification is unnecessary, although oral discussions are recommended. 7. Medical Examinations Special medical examinations for those exposed to asbestos will need to be implemented before the end of the year. My interpretation of "exposed" is that this would apply to those unloading asbestos, dumping bags and disposing of bags. Ideally, this all could be done by the same two men. We will make the arrangements for these physical examinations and coordinate through you and the plant people. The dust exposure at the sacker appeared to be minimal, as the ventilation system was operating well. However, since the materials being sacked sometimes contain asbestos, the exposures should be evaluated and documented. Arrangements to do this will be made. In summary, the immediate things to do are: 1. Continue respirator program. 2. Clean up asbestos spills frequently, with vacuum cleaner. 3. Dispose of waste and empty bags properly. 4. Encourage men to use work practices which minimize generation of airborne asbestos dust and excessive asbestos on clothing. 5. Record exposures in personnel files. 6. Post signs. 7. Wait for guidelines and assistance for medical examinations. gb Attachment 11318 RULES AND REGULATIONS 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 Recister (36 F.R. 23207). In ac cordance with section 6(c) (3) of the Williams-Stcigor 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 Federal Register on January 12. 1972 i37 F.R. 4GG'. 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, F.ducation, and Welfare trans mitted to the Secretary of Labor ft cri teria document containing Recommenda tions for an Occupational Exposure Standard for Asbestos by the National Institute for Occupational Safety nnd Health (NIOSHi. Public notice was given of the receipt of the recommendations nnd their availability for inspection and copying. On or about February 25, 1972, the Advisory Committee on Asbestos Dust submitted its written recommendations to the Assistant Secretary of Labor lor Occupational Safety and Health. Pursuant to the notice of rule making, a hearing was held on March 14 through 17, 1972, for the purpose of receiving oral data, views, and arguments concerning the proposed standard. On or about March 31.1972. the presiding hearing ex aminer certified to the Assistant Secre tary of Labor for Occupational Safety and Health the record of the proceeding. The record includes prehearing written comments, a transcript of the oral pres entations made at the heanng, and nu merous exhibits received during the course of the hearing or within the pe riod allowed after the close of the hearing. The proposed standard dealt with (1) permissible concentrations of asbestos fibers: (2) methods of compliance; (3) warning signs: (4) monitoring: (5) med ical examinations; and (6> recordkeep ing. Each of these major proposals elic ited comments, arguments, objections, and counterproposals. They all have been examined and considered. 1. Acceptable concentrations of asbes tos dust. The proposed standard would limit occupational exposure to 8-hour time-weighted average (TWA) airborne concentrations of asbestos dust not ex ceeding five fibers longer than five micrometers per milliliter. Concentra tions above five fibers but not to exceed 10 fibers (ceiling concentration) would be permitted up to 15 minutes in an hour, but for not more titan 5 hours in any one 8-hour day. NIOSH in effect has recommended that the five-fiber TWA and 10-fiber peak concentrations be permitted only for 2 years: thereafter. TW'A concentra tions should be not more than 2 fibers per cubic centimeter (cm.3) of air, and peak concentrations should not exceed 10 fibers/cm.*, with no time restriction. Numerous objections and counterpro posals have been made, with regard to both the limits of asbestos fiber concen trations and the time periods to comply with them. Some, for example, have rec ommended return to a 12-fiber standard of an earlier day; i.e.. a level adopted under the Walsh-Healey Public Con tracts Act in 1969. Others have recom mended a two-fiber standard to become effective in 6 months, then a one-fiber standard for 2 years, and finally a zerofiber standard after 3 years. These rec ommendations give a fair indication of the wide spread of the counterproposals. No one has disputed that exposure to asbestos of high enough intensity and long enough duration is causally related to asbestosis and cancers. The dispute is as to the determination of a specific level below which exposure is safe. Various studies attempting to establish quantita tive relations between specific levels of .posure to asbestos fibers nnd the ap pearance of adverse biological manifes tations. such as asbestosis, lung cancers, and mesothelioma, have riven rise to controversy ns to the validity of the measuring techniques used nnd the relia bility of the relations attempted to he established. Because of the long lapse of time between onset of exposure and biological manifestations, we have now evidence of the consequences of exposure, but we do not have, in general, accurate measures of the levels of exposure oc curring 20 or 30 years ago. which have given rise to these consequences. There are also controversies concerning the relative toxicity of the various kinds of asbestos, and varying hazards in dif ferent workplaces. . It is lair to say that the controversy has centered in the area between a two- fiber TWA concentration and five-fiber TWA concentration, with variations on the time needed for compliance. Many employers support a five-fiber TWA. Most medical opinion Is divided between a two-fiber standard and a five-fiber standard. In view of the undisputed grave con sequences from exposure to asbestos fibers, it is essential that the exposure be' regulated now, on the basis of the best evidence available now, even though It may not be as good as scientifically de sirable. An asbestos standard can be re evaluated in the light of the results of ongoing studies, and future studies, but cannot wait for them. laves of employees are at stake. It is concluded that there should be one minimum standard of exposure to asbestos applicable to all workplaces ex posed to any kind, or mixture of kinds, of asbestos. Reasons of practical ad ministration preclude a variety of stand ards for different kinds of asbestos and of workplaces. Also, while the evidence tends to show that erocidolite. for in stance, is more harmful than chrysotile. the evidence is not sufficient to establish separate standards for varieties of asbestos. Because there must be one standard governing exposure to all varieties of asbestos, and in workplaces apparently more hazardous than others; because some present employees with regular ex posure to asbestos have probably al ready accumulated great doses of asbes tos fibers, due to higher levels of ex posure in the past: because it appears that levels of exposure which may be sate with regard to asbestosis arc not safe with regard to mesothelioma: be cause the statute requires the protection of every employee, even of one who may have regular exposure to asbestos during a working life which may reach, or even exceed. 40 years: and because of several other considerations which have been urged and arc reflected in the record of the proceeding, the conflict in the medi cal evidence is resolved in favor of the health of employees. As of July 1, 1976, TWA concentrations of asbestos fibers longer than 5 micrometers will not be allowed to exceed two fibers'cc., with a ceiling value of 10 fibcrs/cc. The current TWA concentrations of five fibers, and KDERAl RECISTER. VOL 37, NO. 110--WEDNESDAY. JUNE 7, 1972 ) RULES AND REGULATIONS 11319 celling concentrations of 10 flbcrs/cc. will be permitted until July 1. 1976. dur ing what ulIfcjiftjjjj^rnnMMoniU period deemed necessary to allow employers to mako the needed changes for coming Into compliance with the more stringent standard. Tho record shows that the many work operations subject to the single asbestos standard Ucxtlle, manufacturing. Indus trial. and marine installation, etc.) will meet varying degrees of ditrieully 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 cifcctive date of the two-fiber standard will pro vide all employers n reasonable time to comply. At the same time, so long its the celling limit Is complied with, no harm Is reasonably expected to result from ex posures during the transitional period. 2. Methods ol 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 oppropriate work practices as the primary means of com pliance. notation of employees as a way of meeting the TWA concentration re quirement Is allowed only in stated exdteptlonal circumstances, because, as a general rule, it would be difficult to im plement. Personal protective equipment, such as respirators, cannot be relied upon because, among other reasons, they may be so uncomfortable as to be bur densome, except for short periods of time. Therefore, It is expected that res pirators and shift rotation will be used during the period necessary to install en gineering controls and to train employ ees in sound work practices, but, alter technological compliance has been achieved, their use .must be limited to special work situatlolfaand emergencies. Where both are practicable, shift rota tion Is required. 3. Labeling. The proposed standard stopped short of requiring labeling as bestos and nsbcstos-contninlng products. The proposed standard would have re quired only wanting signs at locations where asbestos hazards are present. However, labeling rather than warning signs, hu 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, nnd 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 aublcct to the labeling requirements, nmployers. 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 "dnnger" and "cancer" are unwnrrantedly alarming. Both contentions have merit, and the standard lias 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. nnd 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 helpful 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 animal 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 he 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 nbestos-rclaicd diseases, it seems more reasonable to permit them to utilize the present procrams and expertise, than to permit on 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 emplovers 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 tlie 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. The Issues discussed above arc 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 fc> and 8(c) of the Williams-Steiger Occupa tional Safety and Health Act of 1970 (84 Slat. 1593, 1598, 1509; 29 U.S.C. 655, 657), 29 CFR 1910.4, and to Secretary of Labor's Order No. 12-71 (36 F.R. 8754), Part 1910 of Title 29 of the Code of Fed eral Regulations is amended as set forth below. (1) Section 1010.93 is amended by re vising Table Q-3 to read as follows: . rtSMAl HOIST!!, VOL 37, NO. 110--WCDNfSDAY, JUKI 7, 197] 11320 RULES AND REGULATIONS $1910.91 AircoiiUminnnU. Tuu 0-1--Mutual Dsm tttbiUiw Mppef H|/M> ElUCrray:stalline; Qturli {rfsplnblr)....,:... 200r JOmf/M1* %81Ch+4 ?,SIOr+2 Quarts (total dust).................................. Crfetoballte: V H the fshie calculated from the count or bums torroutae for quartz. Tridymltc: Ue H the value calculated from lb# for* molar for quartc. Amorphous, including natural - diaiomaceous earth........... %S40r+2 . ' 20 lOmf/M* ' %BIOs fiillntn (Wsthio \% crye talline silica): Mica..... .............. .. SooDitono............................. .. Title.......................... . Portland cement................. Graphite (natural)................. Coot dust (respirable fraction lest than 4% S1O1)...................- Tar mor* than % 8IO,........ ........... inert or Nuisance Dust: Respirable traction......... Total dust............... ................. 20 30 to 16 2.4mg/Ml or Mmi/lP %8lOr4-2 Uto lBmg/M1 Note: Conversion factors-- B>ppcfX36-3**million particles per cubic meter particles per e.c. 4 Millions of panicles per cubic foot of air, based on isspmerr sunplcs counted by light*field technics. * The percentage of crystalline silica In the formula If the amount determined from air-borne samples, except In those instances in which other methods have been shown to be applicable. at* As determined by the membrane filter method 430 X phase contrast magnification. Both concentration and percent quarts for the aapplication of this limit are to bo determined from the fraction passing size-selector with the following characteristics: Aerodynamic diameter (unit density sphere) Percent passinf selector - 3 2.6 XI LI 10 00 71 M 31 0 The measurements under this note refer to the use of an AEC instrument. If the respirable fraction of ooal dust is determined with aMR the ticure corresponding to that of 2.4 Alg,JilJ in the table tor coal dust is 46 Mt-M1. 2. A new 1 1910.93a Is added to Part 1B10. reading as follows: - 1910.93a Asbestos. (a) Definitions. For the purpose of this section, (1) "Asbestos" includes chrysotilc. nmosite, crocidolite. tremollte. anthophyliite. and actinollte. (2) "Asbestos fibers" means asbestos `libers longer than 5 micrometers. (b) Permissible exposure to airborne concentrations o) asbestos fibers--<1) Standard effective July 7. 1972. The 8-hour time-weighted average airborne concentrations of asbestos fibers to which any employee may be exposed shall not exceed five fibers, longer than S micrometers, per cubic centimeter of air, as determined by the method pre scribed in paragraph <e) of this section. (2) Standard effective July 1. 1976. The 8-hour time-weighted average air borne concentrations ol asbestos fibers to which any employee may be exposed shall not exceed two fibers, longer than S micrometers, per cubic centimeter of air. ivs determined by the method pre scribed In paracraph (c) of this section. (3) Ceiling concentration. No em ployee shall be exposed at any time to airborne concentrations of asbestos fibers In excess of 10 fibers. longer titan 5 micrometers, per cubic centimeter of air, as determined by the method pre scribed in ParaGraph (e) of this section. (C) Methods of compliance--M) En gineering methods. (1) Engineering con trols. Engineering controls, such as. but not limited to, isolation, enclosure, ex haust ventilation, and dust collection, shall be used to meet the exposure limits prescribed in paragraph (b> of this section. <11) Local exhaust ventilation, fa) Local exhaust ventilation and dust col lection systems shall be designed, con structed, Installed, and maintained In accordance with the American National Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems, ANSI Z9.2-1971, which is in corporated by reference herein. (b) See f 1910.6 concerning the avail ability of ANSI Z9.2-1971, and the malntenance-of a historic file in connec tion therewith. The address of the Amer ican National Standards Institute is given in S 1910.100. . (lii) Particular tools. All hand-op erated and power-operated tools which may produce or release asbestos fibers in excess of the exposure limits pre scribed in paragraph (b) of this section, such as. but not limited to, saws, scorers, abrasive wheels, and drills, shall be pro vided with local exhaust ventilation sys tems In accordance with subdivision (ii> of this subparagraph. (2) Work practices--(i) Wet methods. Insofar as practicable, asbestos shall be handled, mixed, applied, removed, cut. scored, or otherwise worked in a wet state sufficient to prevent the emission Of airborne fibers in excess of the ex posure limits prescribed in paragraph (b) of this section, unless the usefulness of the product would be diminished thereby. (U) Particular products and opera tions. No asbestos cement, mortar, coat ing. grout, plaster, or similar material containing asbestos shall be removed from bags, cartons, or other containers in which they are shipped, without being either wetted, or. enclosed, or ventilated so as to prevent effectively the release of airborne asbestos fibers In excess of the limits prescribed In paragraph (b) of this section. (ill) Spraying, demolition, or removal. Employees engaged In the spraying of asbestos, the removal, or demolition of pipes, structures, or equipment covered or Insulated with asbestos, and In the removal or demolition of asbestos in sulation or coverings shall be provided with respiratory equipment In accord ance with parngraph (d)(2) (111) of this section and with speclnl clothing in ac cordance with paragraph (d) (3) of this section. d> Personal protective equipment-- (1) Compliance with the exposure limits prescribed by paragraph <b> of this sec tion may not-be achieved by the use of respirators or shift rotation of em ployees, except: (l> During the time rcrlod necessary to install the engineering controls and to Institute the work practices required by paragraph (c) of this section; (it) In work situations in which the methods prescribed in paragraph <c) of this section are either technically not feasible or feasible to an extent insuffi cient to reduce the airborne concentra tions of asbestos fibers below the limits prescribed by paragraph (b) of this section; or . (iU) In emergencies. . <iv> Where both respirators and per sonnel rotation are allowed by subdivi sions (0, (ii), or (lii) of this subpara graph. and both are practicable, person nel rotation shall be preferred and used. .(21. Where a respirator Is permitted by subparagraph (1) of this paragraph, it shall be selected from among those ap proved bv the Bureau of Mines. Depart ment of the Interior, or the National In stitute for Occupational Safety and Health. Department of Health, Educa tion. and Welfare, und-*- the provisions of 30 CFR Part n (37 F.R. 6244, Mar. 25. 1972), and shall be used in accordance with subdivisions (1), (ii), (iii), and (iv) of this subparagraph. (1) Air purifying resp`rators. A reusa-. ble or single U'e air purifying respirator, or a respirator described in subdivision (il) or (iii) of this subparagraph, shall be used to reduce the concentrations of airborne asbestos fibers In the respirator below the exposure 1 units prescribed in paragraph (b) of this section, when the ceiling or the 8-hour time-weighted aver age airborne concentrations of asbestos fibers are reasonably expected to exceed no more than 10 times those limits. (ii) Powered air purifying respirators. A full facepiece powered air purifying respirator, or a powered air purifying respirator, or a respirator described in subdivision (lii) of this subparagraphs 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 celling or the 8-hour timeweighted average concentrations of asbestos fibers are reasonably expected to exceed 10 times, but not 100 times, those limits. (iii) Type "C" supplied-air respirators, continuous flow or pressure-demand class. A type "C'' continuous flow or pres sure-demand. supplicd-alr 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-liour time- weighted average airborne concentra tions of asbestos fibers are reasonably expected to exceed 100 times those limits. (lv) Establishment of a respirator pro gram. (a) The employer shall establish It respirator program in accordance with rtOflAl REGISTER. VOL 37, NO. 110--WEDNESDAY, JUNE 7, 1972 RULES AND REGULATIONS 11321 the requirements of the American Na where asbestos fibers are released to be tional Standards Practices for Respira monitored in such a way ns to determine tory Protection. ANSI Z88.2-1DG9. which whether every employee's exposure to Is Incorporated by reference herein, asbestos fibers is below the limits pre f'b.' See 9 1910.6 concerning the avail scribed in paragraph lb) of this sec ability of ANSI Z88.2-1969 and the main tion. If the limits are exceeded, the em tenance of on historic file in connection ployer shall immediately undertake a therewith. The address of the American compliance program in accordance with National Standards Institute is given in paragraph (c) of this section. S 1910.100. (2) Personal monitoring--(!) Sam - ' Cel No employee shall be assigned to ples shall be collected from within the tasks requiring the use of respirators if. breathing zone of the employees, on based upon his most recent examination, membrane filters of 0.8 micrometer poan examining physician determines that rossity mounted in an open-face filter the employee will be unable to function holder. Samples shall be taken for the normally wearing a respirator, or that determination of the 8-hour timethe safety or health of the employee or weighted average airborne concentra other employees will be impaired by his- tions and of the ceiling concentrations of Use of a respirator. Such employee shall asbestos fibers. be rotated to another job or given the (ii) Sampling frequency and patterns. opportunity to transfer to a different po After the initial determinations required sition whose duties he is able to perform by subparagraph (1) of this paragraph, with the same employer, in the same geo samples shall be of such frequency and graphical area and with the same senior pattern as to represent with reasonable ity, status, and rate of pay he had just accuracy the levels of exposure of em prior to such transfer, if such a different ployees. In no case shall the sampling be position is available. done at intervals greater than 6 months <3> Special clothing: The employer for employees whose exposure to asbestos shall provide, and require the use of. spe may reasonably be foreseen to exceed cial clothing, such as coveralls or similar the limits prescribed by paragraph (b) ' 'whole body clothing, head coverings, of this section. gloves, and foot coverings for any em (3) Environmental monitoring--(1) ployee exposed to airborne concentra samples shall be collected from areas of tions of asbestos fibers, which exceed the a work environment which are represent oeiling level prescribed in paragraph <b) ative of the airborne concentrations of of`this section. asbestos fibers which may reach the (4) Change rooms: (i) At any fixed breathing zone of* employees. Samples place of employment exposed to airborne' shall be collected on a membrane filter concentrations of asbestos fibers in ex of 0.8 micrometer porosity mounted in cess of the exposure limits prescribed in an open-face filter holder. Samples shall paragraph (b) of this section, the em be taken for the determination of the 8- ployer shall provide change rooms for hour time-weighted average airborne employees working regularly at the place. concentrations and of the ceiling con <lt> Clothes lockers: The employer centrations of asbestos fibers. shall provide two separate lockers or con (ii) Sampling frequency and patterns. tainers for each employee, so separated After the initial determinations required or isolated as to prevent contamination by subparagraph (1) of this paragraph, of the employee's street clothes from his samples shall be of such frequency and work clothes. pattern as to represent with reasonable (lit) Laundering: (a) Laundering of accuracy the levels of exposure of the asbestos contaminated clothing shall be employees. In no case shall sampling be done so as to prevent the release of air at intervals greater than 6 months for borne asbestos fibers in excess of the ex employees whose exposures to asbestos posure limits prescribed in paragraph <b) may reasonably be foreseen to exceed of this section. ' the exposure limits prescribed in para (b) Any employer who gives asbestos- graph (b) of this section. contaminated clothing to another person for laundering shall inform such person of the requirement in (o) of this subdi vision to effectively prevent the release of airborne asbestos fibers in excess of the exposure limits prescribed in para graph (b) of this section. tc) Contaminated clothing shall be transported in seated impermeable bags, or other closed, impermeable containers, and labeled in accordance with paiagraph <g> of this section. (e> Method of measurement. All de terminations of airborne concentrations of asbestos fibers shall be made by the membrane filter method at 400-450 X (magnification) (4 millimeter objective) with phase contrast illumination. if) Monitoring--(1) Initial determi nations. Within C months of the publi cation of this section, every employer hall cause every place of employment <41 Employee observation of monitor ing. Affected employees, or their rep resentatives, shall be given a reasonable opportunity to observe any monitoring required by this paragraph and shall have access to the records thereof. (g) Caution signs and labels. (1) Cau tion signs, (i) Posting. Caution signs shall be provided and displayed at each location where airborne concentrations of asbestos fibers may be in excess of the exposure limits prescribed In paragraph (b) of tins section. Signs shall be posted at sucli a distance from such a location so Hint an employee may read the signs and take necessary protective steps be fore entering the area marked by the signs. Signs shall be posted at all ap proaches to areas containing excessive concentrations of airborne asbestos fibers. (11) Sign specifications. The warning stens required by subdivision (1) of this subparagraph shall conform to the re quirements of 20" x 14" vertical format signs specified in 9 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 ut least equal to that specified in this subdivision. Legend Notation Asbestos __________ \ 1" Ban* Serif, Gothic or Block. Dust Hazard__________ %" Sans Serif. Gothic or Block. Avoid Breathing Dust.__ Wear Assigned Protective Equipment. % " Gothic. Vi" Gothic. Do Not Remain In Area Vi" Gothic. Unless Your Work Re quires It. Breathing Asbestos Dust 14 point Gothic. May Be Hazardous To Your Health. Spacing between lines shall be at least equal to the height of the upper of any two lines. (2) Caution labels--(i) Labeling. Cau tion labels shall be affixed to all raw materials, mixtures, -scrap, waste, debris, and other-products containing asbestos fibers, or to their containers, except that no label Is required where asbestos fibers have been modified by a bonding agent, coating, binder, or other material so that during any reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no airborne concentra tions of asbestos fibers in excess of the exposure limits prescribed in paragraph (b) of this section will be released. <ii> Label specifications. The caution labels required by subdivision (i) of this subparagraph shall be printed in letters 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 Cause Serious BodUy 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 theexposure limits prescribed in paragraph (b> of this section shall be collected and disposed of hi sealed impermeable bags, or other closed, impermeable containers. (i) /CccordAccping--11) 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 uiul sliull be made avail able upon request to the Assistant Secre tary of Labor for Occupational Safety and Health, the Director of the National rCDIIAl REGISTER, VOl. 37, NO. 110--WEDNESDAY, JUNE 7, 1973 15322 RULES AND REGULATIONS 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 subnnrarrnDh (1) of tills 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) Preplacement. 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 rlrborne 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 tlons. Records shall be retained by employers for at least 20 yearn. (11) Access. The contents of the rec ords of the medical rxnmlnaltons 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 iris 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. A3. new 11910.19 Is added to Subpart B of Part 1910, reading as follows: 1910.19 Asbestos dust. Section 1910.93a shall apply to the ex posure of every employee to asbestos dust in every employment and place of employment covered by 11910.12, I 1910.13. } 1910.14, { 1910.15. or ! 1910.16. in lieu of any different standard on ex posure to asbestos dust which would otherwise be applicable by virtue of any of those sections. atology of respiratory disease, and Effective date. Paragraph (b)(2) of pulmonary function tests to include f 1910.93a shall become effective July 1, forced vital capacity (FVC) and forced 1976. All other provisions of 55 1919.93a, expiratory volume at 1 second (FEV,.). 1910.93, and 1910.19 shall become effec (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 tive July 7, 1972. The current emergency temporary standard remains in effect until July 7. 1972. (Secs. 6. 8. 84 Stat. 1693. 1698; 29 U.S.C. 665, 857; 29 CFR 1910.4; Secretary of Labor's Order No. 13-71, 38 FJt. 8764) Signed at Washington, D.C., this 2d day of June 1972. roentgenogram (posterior-anterior 14 x 17 inches). a history to elicit symptom G. C. Guenther. Assistant Secretary of Labor. atology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEW.). JFR Doc.72-8674 Filed 6-6-72;8:48 am] (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 <FEV,.). . (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--(1) Mainte nance. Employers of employees examined pursuant to tins paragraph shall cause to be maintained complete and accurate records of all such medical examlna- riDUAl RfOISTIR. VqL 37, NO. 11--WEDNESDAY, JUNE 7, 1972