Document peM96ZMmMGwNebK8d8g9224yX

FILE NAME: Allied Signal Bendix (ASB) DATE: 1972 DOC#: ASB119 DOCUMENT DESCRIPTION: OSHA Asbestos Regulations 11318 RULES AND REGULATIONS [T.D. 72-1531 PART 10-- ARTICLES CONDITIONALLY / `'- `'EE, SUBJECT TO A REDUCED J E , ETC. . Free W ithdraw al of Supplies and Equipment for Aircraft In accordance with section 309(d), Tariff Act of 1930, as amended (19 TT.S.C. 1309(d)), the'Department of Commerce has found and under date of April 25, 1972, has advised the Treasury Depart ment that Poland allows privileges to aircraft registered in the United States and engaged in foreign trade substan tially reciprocal to those provided for in sections 309 and 317 of the Tariff Act of 1930, as amended (19 TJ.S.C. 1309,1317). The same privileges are therefore hereby extended to aircraft registered in Poland and engaged in foreign trade effective as of the date of such notification. Accordingly, paragraph (f) of 10.59, customs regulations, is amended by the insertion of Poland in appropriate al phabetical order and the number of this Treasury decision in the opposite col umn headed "Treasury Decision(s)" in the list of nations in that paragraph. (Secs. 309, 317, 624, 46 Stat. 690, as am ended, 696, a s am ended, 759;' 19 TT.S.C. '1309, 1317, 1624) " -- [ seal] Edwin F. Rains, Acting Commissioner of Customs. Approved: May 25,1972." E o c en e T. R ossides, _ Assistant Secretary of the ' __ Treasury. Doc.72-8578 Filed 6-6-72;8:50 am]' Title 20-- LABOR C hapier XVII-- O ccupaiional Safeiy ' an d Health Administration, Depart . m ent 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 F ederal R e g is t e r (36 F.R. 23207). In ac cordance with section 6(c) (3) ofth eW illiams-Steiger Occupbaional Safety and' Health'Act of 1970, a notice of proposed rulemaking regarding a permanent standard for exposure to asbestos fibers was published in the F ederal R e g is t e r on January 12, 1972 (37 F.R. 466). The no tice invited interested persons to submit both orally and in writing, data, views, and arguments concerning the proposal. On or about January 24, 1972, the Ad visory Committee on Asbestos Dust was established and requested to make writ ten recommendations with regard to the proposed standard on asbestos. On or about February 1.1972, the Department of Health, Education, and Welfare trans mitted to the Secretary of Labor a crit locument containing Recommenda tions for an Occupational Exposure exposure to asbestos fibers and the ap Standard for Asbestos by the National pearance of adverse biological manifes Institute for Occupational Safety and tations, such as asbestosis, lung cancers, Health (NIOSH). Public notice was given and mesothelioma, have given riso to of the receipt of the recommendations controversy as to the validity of the and their availability for inspection and measuring techniques used and the relia copying. On or about February 25, 1972, bility of the relations attempted to bo the Advisory Committee on Asbestos Dust established. Because of the long lapse submitted its written recommendations of time between onset of exposure and to the Assistant Secretary of Labor for biological manifestations, we have now Occupational Safety and Health. . evidence of the consequences of exposure, Pursuant to the notice of rule making, but we do not have, in general, accurate a hearing was held on March 14 through measures of the levels of exposure oc 17,1972, for the purpose of receiving oral curring 20 or 30 years ago, which have data, views, and arguments concerning 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. given rise to these consequences. There are also controversies concerning tho relative toxicity of the various kinds of asbestos, and varying hazards In dif ferent workplaces. It is fair to say that the controversy The record includes prehearing written has centered in the area between a two- comments, a transcript of the oral pres fiber TWA concentration and five-fiber entations made at the hearing, and nu TWA concentration, with variations on merous exhibits received during the the time needed for compliance. Many course of the hearing or within the pe employers support a five-fiber TWA, riod allowed after the close of the Most medical opinion is divided between hearing. ' a two-fiber "standard and a five-fiber The proposed standard dealt with (1) standard. permissible concentrations of asbestos In view of the undisputed grave con fibers; (2) methods of compliance; (3) sequences from exposure to asbestos warning signs; (4) monitoring; (5) med fibers, it is essential that the exposure bo ical examinations; and '(6) recordkeep regulated now, on the basis of the best ing. Each of these major proposals elic evidence available now, even though it ited comments, arguments, objections, may not be as good as scientifically de and counterproposals. They all have been sirable. An asbestos standard can bo re examined and considered. evaluated in the light of the results of 1. Acceptable concentratioTis of asbesongoing studies, and future studies, but tos dust. The proposed standard would cannot wait for them. Lives of employees limit occupational exposure to 8-hour are at stake. time-weighted-average (TWA) airborne It is concluded that, there should bo concentrations of asbestos dust not ex one minimum standard of exposure to ceeding five fibers longer than five asbestos applicable to all workplaces ex micrometers per milliliter. Concentra posed to any kind, or mixture of kinds, tions above five fibers but not to exceed of asbestos. Reasons of practical ad 10 fibers (ceiling concentration) would ministration preclude a variety of stand be permitted up to 15 minutes in an hour, ards for different kinds of asbestos and but for not more than 5 hours in any one of workplaces. Also, while the evidenco 8-hour day. tends to show that crocidolite, for in NIOSH in effect has Tecommended stance, is more harmful than chrysotUe, that the five-fiber TWA and 10-fiber the evidence is not sufficient to establish peak concentrations be permitted only separate standards for varieties of for 2 years; thereafter, TWA concentra- asbestos. tions should be not more than 2 fibers Because there must be one standard per cubic centimeter (cm.3) of air, and governing exposure to all varieties of peak concentrations should not exceed 10 asbestos, and in workplaces apparently fibers/cm.3, with no time .restriction. more hazardous than others; becaus Numerous objections and counterpro some present employees with regular ex posals have been made, with regard to posure to asbestos have probably al both the limits of asbestos fiber concen ready accumulated great doses of asbes trations and the time periods to comply tos fibers, due to higher levels of ex with them. Some, for example, have rec posure in the past; because it appears ommended return to-a 12-fiber standard- that levels of exposure which may bo of an earlier day; i.e., a level adopted safe with regard to asbestosis are not under the Walsh-Healey Public Con safe with regard to mesothelioma; be tracts Act in 1969. Others have recom cause the statute requires the protection mended a two-fiber standard to become of every employee, even of one who may effective in ,6 months, then a one-fiber have regular exposure to asbestos during standard for 2 years, and finally a zero a working life which may reach, or even fiber standard after 3 years. These rec exceed, 40 years; and because of soveral ommendations give a fair indication of other considerations which have been the wide spread of the counterproposals. urged and are reflected in the record of No one has disputed that exposure to the proceeding, the conflict in tho medi asbestos of high enough intensity and cal vidence is resolved in favor of tho long enough duration is causally related health of employees. As of July 1, 1976, to asbestosis and cancers. The dispute is TWA concentrations of asbestos fibers as to the determination of a specific level longer than 5 micrometers will not bo below which exposure is safe. Various allowed to exceed two flbers/cc., with a . studies attempting to establish Quantita ceiling value of 10 flbers/cc. The current tive relations between specific levels of TWA concentrations of five fibers, and FEDERAL REGISTER, V O L 37,110. H O -- WEDNESDAY, JUNE 7, 1972 Hu<3S RULES AN D REGULATIONS 11319 ceiling concentrations of' 10 fibers/cc, fibers, so that these would not be released will be permitted until July 1,1976, dur in the normal use of the products, should ing w hat m il be a transitional period not be required to be labeled; and (2) . deemed necessary to allow employers to words such as "danger" and "cancer" are make_ the needed changes for coming unwarrantedly alarming. into compliance with the more stringent Both contentions have merit, and the standard. standard has been changed accordingly. The record shows that the many work 4. Monitoring. The proposed standard operations subject to the single asbestos would have required personal monitor standard (textile, manufacturing, indus ing and environmental monitoring. trial, and marine installation, etc.) will Many issues have been raised concerning meet varying degrees of difficulty in the availability and reliability of meas complying with the standard. In some uring instruments, frequency of moni plants, extensive redesign and reloca toring, and conditions in which monitor tion .of equipment may be needed. It ap ing should be required. The adopted pears, however, the delay in the effective standard takes the objections into con date of the two-fiber standard will pro sideration. It requires periodic monitor vide all employers a reasonable time to ing a t intervals no longer than 6 months, comply. At the same time, so long as the thus allowing considerable time and dis ceiling limit is complied with, no harm cretion, and prescribes the use of the is'reasonably expected to result from ex membrane filter method, which is on ac posures during the transitional period. ceptable method for determination of 2. Methods of compliance. It has been pointed out by many persons, that pro tection against asbestos fibers is best obtained by controlling the generation of fibers first, and secondly, by controlling the dispersion of released fibers into the ambient air of the workplaces. Therefore, the standard requires feasible techno logical controls and appropriate work practices as the primary means of com pliance. Rotation of employees as a'way of meeting the TWA concentration re quirement is allowed only in stated ex ceptional circumstances, because, as a general rule, it would be difficult to im plement. Personal protective equipment, such as respirators, cannot be relied upon because, among other reasons, they may be so uncomfortable as to be bur densome, except for short periods 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. time. Therefore, it is expected that res The adopted standard requires medical pirators and shift rotation will be used examinations both at the beginning and during the period necessary to install en the termination of employments exposed gineering controls and to train employ to concentrations of asbestos fibers, and ees in sound work practices, but, after also requires annual medical examina technological compliance has been tions of every employee exposed to air achieved, their use must be limited to borne concentrations of asbestos. It has special work situations and emergencies. been pointed out that in certain indus Where both are practicable, shift rota- . tries, such as construction, an employee tion is required. may work for several employers during 3. Zabeiing. The proposed standard stopped short of requiring labeling as bestos and asbestos-containing products. The proposed standard would have re quired only warning signs at locations where asbestos hazards are present. 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. However, labeling, rather than warning One question which has been raised signs, has proved to be a point of con goes to whether the employer or the em troversy. Both NIOSH and the Advisory ployee should be allowed to choose the Committee on Asbestos Dust recom examining physician. The standard mended labels for asbestos products and Elves the option to the employer. Since containers, and these recommendations some employers already have a medical became very controversial in the course examination program in operation, and, of the proceeding. Many counterpro also, have medical departments with proposals have been made as to the lan some expertise in the diagnosis of abes- guage of the warning as well as to the tos-related diseases, It seems more products to be subject to the labeling reasonable to permit them to utilize the requirements. Employers, in general, present programs and expertise, than to strongly contend that (1) finished prod permit an employee to choose a private ucts which effectively entrap asbestos 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 m e the mdical examinations as a means of screening employment applicants, and worse, as grounds for discharging current employees, who show signs of being af fected by exposure to asbestos. Since the purpose of the medical examinations is to monitor the health of employees ex posed to the hazards of abestos, em ployees cannot in reason be granted the privilege of refusing to disclose to their employers results of occupational expo sure. It does not make sense to require employers to provide medical examina tions i f they cannot know and use the results of the examinations. Bor these reasons the standard provides that em ployers may have a restricted access to some medical information. On the other hand, there is no inten tion to allow employers to abuse medical information obtained pursuant to the Act, to the detriment of employees. Therefore, the administration of the medical records requirement will be closely watched, and, in cases of abuse, appropriate action will be considered. The issues discussedabove are believed to be the major ones. Numerous other is sues have been raised In the rulemaking proceedings. Some have been referred to incidentally. Many recommendations, for Instance, about work practices, are so obviously meritorious that their adop tion needs no exposition here. Other recommendations and many objections have'not been adopted for a variety of reasons which should be manifest. Sev eral, for instance, have recommended the use of respirators only pursuant to a variance, or in cases of emergency and occasional short-term exposures. The recommendation with respect to vari ances undoubtedly has many merits, but Is considered administratively im practical. ` Accordingly, after consideration of the whole record of the proceeding, and pursuant to sections 6 Cb) and (c) and 8(c) of the 'Wllliams-Stelger Occupa tional Safety and Health Act of 1970 (84 State 1593, 1596, 1599; 29 U.S.C. 655, 657), 29 CER 1910.4, and to Secretary of Labor's Order No. 12-71 (36 HR. 8754), Bart 1910 of Title 29 of the Code of Fed eral Regulations is amended as set forth Mow. (1) Section. 1910.93 is amended by re vising Tahle G-3 to read as follows; FEDERAI REGISTER, V O L 37, N O . H O -- WEDNESDAY, JUNE 7, 1972 11320 RULES AND REGULATIONS 1910.93 Air coniaminanls. * * T able G-3--Mm e b a i D usts Substanco Silica: Crystalline: Quartz (rcspirablo).. Quartz (total dust) Mppct 260 < %BlOH-5 Cristobalita: Uso tho valu calculated rom tho count or xaasa forznulao for quartz. Tndym ltc: Uso tho valu calculated from tho for* mulao for quartz. Amorphous, including natural diatomaccous e a r th ......___ 20 * Mg/M? I0mg/M? " ftSlOH-2 SOmg/M23 %SiOH-2 %BlOi to which any employee may be exposed (d) Personal protective eguipment-- shall not exceed two fibers, longer than (1) Compliance with the exposure limits 5_ micrometers, per cubic centimeter of prescribed by paragraph (b) of this sec air, as determined by the method pre tion may not be achieved by the use of scribed in paragraph (e) of this section. respirators or shift rotation of em (3) Ceiling concentration. No employees, except: ployee shall be exposed at any time to (1) During the time period necessary airborne cencentrations of asbestos to install the engineering controls and fibers in excess of 10 fibers, longer than to institute the work practices required 5_ micrometers, per cubic centimeter of by paragraph (c) of this section; air, as determined by the method pre scribed in paragraph (e) of this section.' (ii) In work situations in which tho (c) Methods of compliance--(1) Enmethods prescribed in paragraph (c) of gineering methods, (i) Engineering con- this section are either technically not froZs. Engineering controls, such as, but feasible or feasible to an extent insuffi not limited to, isolation, enclosure, ex cient to reduce the airborne concentra haust ventilation, and dust collection, ptiroensscroibfeadsbbeystops afribaegrrsapbhelow(b)theoflimthitiss pshreaslcl rbiebeudsedinto pmaereatgrthapehexp(bos)uroeflimthitiss section; or section. (iii) In emergencies. filUcalca (lo$3 than 1% crystolllno silica): Mica.................................... Soapstono.............................. T a te . ...................................... Portland c e m e n t........... Graphlta (natural)................. Coat dust (respirable fraction lees than 6% SiOs).................. For morothan 6%SiO*............... . (ii) Local exhaust ventilation. (a) (iv) Where both respirators and per 20 Local exhaust ventilation and dust col sonnel rotation are allowed by subdivi 20 lection systems shall be designed, con sions (i), (ii), or (iii) of this subpara 20 50 structed, installed, and maintained in graph, and both are practicable, person 15 accordance with the American National nel rotation shall be preferred and used. 2.4mg/M* or 10mg/M* Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems, ANSI Z9.2-1971, which is in (2) Where a respirator is permitted by subparagraph (1) of this paragraph, it shall be selected from among those ap %SI0*f2 corporated by reference herein. proved by the Bureau of Mines, Depart In e rt or Nulsanco D ust: (6) See 1910.6 concerning the avail ment of the Interior, or the National In Rcspirablo fraction__ Total d u s t.......____ 1550 155mmgg//MM*3 mabaiilnittyenaonf ceAoNfSaI hiZst9o.2r-ic19f7il1e, inacnodnntehce sHtietaultteh, fDoerpaOrtcmcuenptatioofnaHleaSltahf,etEyduacnad tion therewith. The address of the Amer tion, and Welfare, imdnr the provisions of Note: Conversion factors-- mppcfX3C.3=mUlion particles per cubic meter ican National Standards Institute is 30 CFR Part 11 (37 F.R. 6244, Mar. 25, =particles per &e. given in 1910.100. 1972), and shall be used in accordance /Millions of particles per cubic foot of air, based on impingcr samples counted b y light-field technics. (iii) Particular tools. All hand-op with subdivisions (i), (ii), (iii), and (iv) 1Tho percentage of crystalline silica in the formula erated and power-operated tools which of this subparagraph. is tho amount determined from air-borne samples, except in those instances in 'which other methods have may produce or release asbestos fibers (i) Air purifying respirators, A reusa been shown to be applicable. . in excess of the exposure limits pre ble or single use air purifying respirator, i As determined by tho membrane filter method at / - ^ ph&so contrast magnification. scribed in paragraph (b) of this section, or a respirator described in subdivision 5th concentration and percent quartz for tho such as, but not limited to, saws, scorers, (ii) or (iii) of this subparagraph, shall ation of this lim it aro to be determined from v... .motion passing a size-selector with tho following abrasive wheels, and drills, shall be pro be used to reduce the concentrations of . characteristics: vided with local exhaust ventilation sys airborne asbestos fibers in the respirator tems in accordance with subdivision (ii) below the exposure limits prescribed in Aerodynamic diameter Percent passing of this subparagraph. paragraph (b) of this section, when tho (unit density sphere) selector (2) Work practices-- (i) Wet methodsc. eiling or the 8-hour time-weighted aver Insofar as practicable, asbestos shall be age airborne concentrations of asbestos ' 2 DO ' handled, mixed, applied, removed, cut, fibers are reasonably exnected to exceed 2.6 3-6 75 50 scored, or otherwise worked in a wet no more than 10 times those limits. 5.0 25 state sufficient to prevent the emission (ii) Powered air purifying respirators. 10 0 of airborne fibers in excess of the ex A full facepiece powered air purifying posure limits prescribed in paragraph respirator, or a powered air purifying Tho measurements under this noto refer to the uso of an AEO instrument. If tho respirable fraction of coal (b) of this section, unless the usefulness respirator, or a respirator described in dust is determined with a M RE tho figuro corresponding of the 'product would be diminished subdivision (iii) of this subparagraph, to that of 2.4 Mg/M* tn the table for coal dust is 4.6 thereby.. shall be used to reduce the concentra 2. A new 1910.93a is added to Part (ii) Particular products and opera trieosnpsiraotforaibrebloorwnethaesbexepstoossurfiebleirmsitisnptrheo 1910, reading as follows: tions. No asbestos cement, mortar, coat scribed In paragraph (b) of this section, 1910.93a Asbestos. icnogn,tagirnoinutg, palsabsetsetro,s osrhsailml ilbaer rmeamteorvieadl when the ceiling or the 8-hour time- (a) Definitions. For the purpose of from bags, cartons, or other containers weighted average concentrations of asbestos fibers are reasonably expected this section, (1) "Asbestos" includes in which they are shipped, without being to exceed 10 times, but not 100 times, chrysotile, amosite, crocidolite, tremo- either wetted, or enclosed, or ventilated those limits. lite, anthophyllite, and actinolite. so as to prevent effectively the release of (2) "Asbestos fibers" means asbestosairborne asbestos fibers in excess of the (iii) Type "C" supplied-air respirators, fibers longer than 5 micrometers. limits prescribed in paragraph (b) of continuous flow or pressure-demand (b) Permissible exposure to airborne this section. class. A type "C" continuous flow or pres concentrations of asbestos fibers--(1) (iii) Spraying, demolition, or removal. sure-demand, supplied-air respirator Standard effective July 7, 1972. The Employees engaged in the spraying of shall be used to reduce the concentra 8-hour time-weighted average airborne asbestos, the removal, or demolition of tions of airborne asbestos fibers in tho concentrations of asbestos fibers to pipes, -structures, or equipment covered respirator below the exposure limits pre which any employee may be exposed or insulated with asbestos, and in the scribed in paragraph (b) of this section, shall not exceed five fibers, longer than removal or- demolition of asbestos in when the ceiling or the 8-hour time- 5 micrometers, per cubic centimeter of sulation or coverings shall be provided weighted average airborne concentra air, as determined by the method pre with respiratory equipment in accord tions of asbestos fibers are reasonably scribed in paragraph (e) of this section. ance with paragraph (d) (2) (iii) of this expected to exceed 100 times those limits. (2) Standard effective July 1, 1978. section and -with, special clothing in ac (iv) Establishment of a respirator pro 8-hour time-weighted average air cordance with paragraph (d) (3) of this gram. (a) The employer shall establish ) concentrations of asbestos fibers section. - a respirator program in accordance with FEDERAL REGISTER, VO L. 37, N O . 110-- WEDNESDAY, JU N E 7, 1972 ; 'L . RULES AND REGULATIONS 31321 the requirements of the American Na where asbestos fibers are released to be subparagraph shall conform to the re- ( tional' Standards Practices for Respira monitored in such a way as to determine quirements of 20" x 14" vertical format f tory Protection, ANSI Z88.2-I969, which, whether every employee's exposure to signs specified in 1910145(d)(4), and ; is incorporated by reference herein. asbestos fibers is below the limits pre to this subdivision. The signs shall dis 6. See 1 1910.6 concerning the avail- scribed in paragraph (b) of this sec play the following legend in the lower j ability of ANSI Z88.2-1969 and the main tion. I f the limits are exceeded, the em panel, with letter sizes and styles of a ; tenance of an historic file in connection ployer shall immediately undertake a visibility at least equal to that specified : therewith. The address of the American compliance program in accordance with in this subdivision. ; National Standards Institute is given in paragraph (c) of this section. Zegenti Natation ; 1910.100. ' (2) Personal monitoring--(I) Sam Asbestos________________ 1" S m s Serif, j (e) No employee shall be assigned tpoles shall he collected from within the tasks requiring the use of respirators if, breathing zone of the employees, on G othic or I Block. based upon his most recent examination, membrane filters of 0.8 micrometer po- D ust Hazard_______ ____ 54" Sans Serif, [ an examining physician determines that rossity mounted in an open-face filter G o th ic or j the .employee will he unable to function holder. Samples shall be taken for the Block. t normally wearing a respirator, or that determination of the 8-hour time- Avoid Breathing Dust___ 54" Gothic. . the safety or health of the employee or weighted average airborne concentra Wear Assigned Protective 54" Gothic. f other employees will be impaired by his- tions and of the celling concentrations of Equipment. [ use of a respirator. Such employee shall asbestos fibers. Do N otRem ain I n Area 54"G othic. t Dnles3"Tour Work Re be rotated to another Job or given the (ii) Sampling frequency and patterns. quires It. [ opportunity to transfer to a different po After the initial determinations required Breathing Asbestos D u st 14 point Gothic. j sition whose duties he is able to perform by subparagraph (1) of this paragraph, May Ba Hazardous To ! with the same employer, in the same geo samples shall be of such frequency and Tour Health. j graphical area and with the same senior pattern as to represent with reasonable Spacing between lines shall bo at least j ity, status, and rate of pay he had Just accuracy the levels of exposure of em equal to the height of the upper of any ; prior to such transfer, if such a different ployees. In no case shall the sampling b e . two lines. j position is available. ' done at intervals greater than Gmonths (2) Cautionldbels--(i) Labeling.Cau- ; . (31 Special clothing: The employer for employees whose exposure to asbestos tion labels shall be affixed to all raw shall provide, and require the use of, spe may reasonably be foreseen to exceed materials, mixtures, scrap, waste, debris, cial clothing, such as coveralls or similar the limits prescribed by paragraph (b) and other products containing asbestos whole body clothing, head coverings, of this section. fibers, or to their containers, except that gloves, and foot coverings for any em (3) Environmental monitoring-- (i) no label is required where asbestos fibers . ployee exposed to airborne concentra samples shall be collected from areas of have been modified by a bonding agent, tions of asbestos fibers, which exceed the a work environment which are represent coating, binder, or other material so that ceiling level prescribed in paragraph (b) ative of the airborne concentrations of during any reasonably foreseeable use, 1 of this section. asbestos fibers which may reach the handling, storage, disposal, processing, or (4) Change rooms: (i) At any fixedbreathing zone of employees. Samples transportation, no airborne concentra plac of employment exposed to airborne shall be collected on a membrane filter tions of asbestos fibers in excess of the | concentrations of asbestos fibers in ex of 0.8 micrometer porosity mounted In exposure limits prescribed in paragraph cess of the exposure limits prescribed in an open-face filter holder. Samples shall (b) of this section will be released. | paragraph (b) of this section, the em be taken for the determination of the 8- (il) Label specifications. The caution 1 ployer shall provide change rooms for hour time-weighted average airborne labels required by subdivision (1) of this t ' employees working regularly at the place. concentrations and of the celling con subparagraph shall be printed in letters ` ! (ii) Clothes lockers: The employer shall provide two separate lockers or con centrations of asbestos fibers. (ii) Sampling frequency and patterns. of sufficient size and contrast as to'be i tainers for each employee, so separated After the initial determinations required readily visible and legible. Tbelabel shall j or isolated as to prevent contamination by subparagraph (1) of this paragraph, state: CATmoK of the employee's street clothes from his samples shall be of such frequency and work clothes. pattern as to represent with reasonable Contains Asbestos Fibers (ffi) Laundering: (a) Laundering of accuracy the levels of exposure of the Avoid Creating D ust asbestos contaminated clothing shall be employees. In no case shall sampling be Breathing Asbestos D u st May Causa done so as to prevent the release of air- at intervals greater than G months for Serious Bodily Harm. . home asbestos fibers in excess of the ex employees whose exposures to asbestos (h) Housekeeping--(1) Cleaning. All posure |im its prescribed in paragraph (b) may reasonably be foreseen to exceed external surfaces in any place of employ .of this section. - the exposure limits prescribed in para ment shall brnmaintalned free of accu (b) Any employer who gives asbestos-graph (b) of this section. mulations of asbestos fibers if, with their contaminated clothing to another person (4) Employee observation of monitor dispersion, there would, he an excessive for laundering shall inform such person ing. Affected employees, or their rep concentration. of the requirement in (al of this subdi resentatives, shall be given a reasonable (2) Waste disposal. Asbestos waste, vision to effectively prevent the release opportunity to observe any monitoring scrap, debris, bags, containers, equip of airborne asbestos fibers in excess of required by this paragraph and shall have ment, and asbestos-contaminated cloth the exposure limits prescribed in para access to the records thereof. ing, consigned for disposal, which may graph (b) of this section. (g) Caution signs and labels, (l) Cau produce in any reasonably foreseeable (cl Contaminated clothing shall be tion signs, (i) Posting. Caution signs use, handling, storage, processing, dis transported in sealed impermeable bags, shall be provided and displayed at each posal, or transportation airborne concen or other closed, impermeable containers, location where airborne concentrations trations of asbestos fibers in excess of th e and labeled in accordance with para of asbestos fibers may be in excess of the exposure limits prescribed in paragraph graph (g) of this section. exposure limits prescribed in paragraph (b) of this section shall be collected and (el Method of measurement. All de (b) of this section. Signs shall be posted disposed of in sealed impermeable bags, terminations -of airborne concentrations at such a distance from such a location or other closed, impermeable containers. of asbestos fibers shall he made by the so that an employee may read the signs (i) Recordkeeping-- ID Exposure rec membrane filter method at 400-450 X and take necessary protective steps be ords. Every employer shall maintain rec (magnification) (4 millimeter objective) fore entering the area marked by the ords of any personal or environmental with phase contrast illumination. signs. Signs shall be posted at all ap monitoring required by this section. Rec (fl Monitoring---(1) Initial determi proaches to areas containing excessive concentrations oi airborne asbestos ords shall be maintained for a period of at least 3 years and shall be made avail nations. -within 0 mouths of the publi fibers. >. able upon, request to the Assistant Secre cation of this section, every employer (ii) Sign specifications. The warning tary of Labor for Occupational safety shall'cause every place of employment signs required by subdivision (i) of this and Health, the Director of the National FEDERAL REGISTER, V O L 37, N O . 110-- WEDNESDAY, JU N E 7, 1972 11322 RULES AN D REGULATIONS Institute for Occupational Safety and tions. Records shall be retained by >ieg,lth, and to authorized representa employers for at least 20 years. ' s of eitheri- ; ' ' (ii) Access. The contents.of the rec 2) Employee access. Every employee ords of the medical examinations and former employee shall have reason required by this paragraph shall be made able access to- any record required to be available, for inspection and copying, maintained by subparagraph (1) of this to the Assistant Secretary of Labor for paragraph, which indicates the em Occupational Safety and Health, the ployee's own exposure to asbestos fibers. Director of NIOSH, to authorized physi (31 Employee notification. Any em cians and medical consultants of either ployee found to have been exposed at any of them, and, upon the request of an em time to airborne concentrations of asbes ployee or former employee, to his physi tos fibers In excess of the limits pre cian. Any physician who conducts a scribed in paragraph- (b) of this section . medical examination required by this shall be notified in writing of the expo paragraph shall furnish to the employer sure as soon as practicable but not later of the examined employee all the infor than 5 days of the finding. The employee mation specifically required by this shall also be timely notified of the cor paragraph, and any other medical in rective action being taken. ~ formation related to occupational ex (j) Medical examinations--(!) Gen posure to asbestos^fibers. eral. The employer shall provide or make available at his cost, medical examina 3. A new 1910.19 is added to Subpart tions relative to exposure to asbestos re B of Part 1910, reading as follows: 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 airborne 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 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 1910.12, 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 1910.93a shall become effective July 1, forced' vital capacity (FVC) and forced 1976. All other provisions of 1919.93a, expiratory volume at 1 second (FEV1.0) . 1910.93, and 1910.19 shall become effec (3) Annual examinations..O n or be-r tive July 7,1972. The current emergency <e January 31, 1973, and at least an- temporary standard remains in effect lly thereafter, every employer shall until -July 7, 1972. . ..vide, or make available, comprehen (Secs. 6, 8, 84 Stat. 1593, 1598; 29 TLS.C. 655, sive medical examinations to each of his 657; 29 CFB 1910.4; Secretary 'ot Labor's employees engaged in occupations ex Order No. 12-71, 36 FJB. 8754) posed to airborne concentrations of as bestos fibers. Such annual examination shall include, as a minimum, a chest 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 (PR Doc.72-8574 Piled 6-6-72;8:48 am] forced vital capacity (FVC) and forced expiratory volume at 1 second (FEVj.c), (4) Termination of employment. The employer shall provide, or make avail able, within 30 calendar days before or after the termination of employment of Title 4 1 -- PUBLIC CONTRACTS AND PROPERTY MANAGEMENT any employee engaged in an occupation exposed to airborne concentrations of asbestos fibers, a comprehensive medical Chapter 9-- Atomic Energy Commission examination which shall include, as a PART 9 -1 -- GENERAL minimum, a chest roentgenogram (pos terior-anterior 14 x 17 inches), a history to elicit symptomatology of respiratory Subpart 9-1.1-- Procurement " ' ' Regulations dis.ease, and pulmonary function tests t6 include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV1.0). (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) M edical 'records-- (i) M ain te nance. Employers of employees examined /---'suant to this paragraph shall cause ie maintained complete and accurate ,,ords of all such medical examina- .M iscellaneous Amendments The changes made in AECPR Subpart 9-1.1, Procurement Regulations, have been made in order to establish the AECPR Temporary,Regulations, which are a'part of the AE Procurement Reg ulations and the Federal Procurement Regulations System. The AECPR Tem porary Regulations implement and sup plement the FPR Temporary Regula tions. They also contain policies and procedures initiated by the AEC which are to he effective for a period of 6 months or less. The AEC Procurement Instruction section has been revised ac cordingly. Minor editorial changes have also been made. . 1. Section 9-1,101 Scope of subpart, Is revised to read as follows: 9 -1 .1 0 1 Scope of subpart. This subpart describes tho Atomic Energy Commission Procurement Regu lations and the AECPR Temporary Reg ulations. It also describes exclusions from the AECPR as contained in tho AEC Procurement Instructions. 2. Section 9-1.102 Establishment of AEC Procurement Regulations, is revised to read as follws: 9--1.102 Establishment of ilio AEC Procurement Regulations anti tho AECPR Temporary Regulations. 9 -1 .1 0 2 -1 AEC Procurement Regolalions* (a) The AEC Procurement Regula tions (AECPR) are hereby established. (b) These regulations implement and supplement the Federal Procurement Regulations (FPR) and are a part of the Federal Procurement Regulations System. (c) The effective date of FPR issu ances throughout AEC will be the date indicated in the respective issuances un less otherwise provided in the AEC Pro curement Regulations. (d) The effective date of AECPR is suances throughout AEC will be the dato indicated in the respective issuances. 9 -1 .1 0 2 -2 AECPR Temporary Regu lations. (a) The AECPR Temporary Regula tions are hereby established. (b) These regulations implement and supplement the Federal Procurement Regulations Temporary Regulations. They also contain policies and proce dures initiated by the AEC which aro expected to be effective for a period of 6 months or less. (c) The effective date of tho FPR Temporary Regulations Issuances throughout AEC will be the date indi cated in the respective issuances unless otherwise provided in the AECPR Tem porary Regulations. ` (d) The effective date of tho 'AECPR Temporary Regulations issuances throughout AEC will be th dato indi cated in the respective issuances. (e) The AECPR Temporary Regula tions are a part of tho AEC Procurement Regulations and the Federal Procure ment Regulations System. AH references to the AEC Procurement Regulations or AEePR in 9-1.103 through 9-1.100 of this subpart shall be deemed to includo the AECPR temporary regulations. 3. Section 9-1.103 Authority, is revised to read as follows: 9-1.103 Authority. The AEC Procurement Regulations are prescribed by the General Manager, As sistant General Manager for Administra tion, or the Director, Division of Con tracts of the AEC, pursuant to the au thority of the Atomic Energy Act of 1951, and the Federal Property and Adminis trative Services Act of 1949, FEDERAL REGISTER, VO L, 37, 'NO. 10-- WEDNESDAY, JU N E 7, 1972