Document qa1R40Q3vjvNpk24obRvEmLQq

PLAINTIFF'S EXHIBIT (: RULES AND REGULATIONS As amended, Table G-3 reads as follows: TilUJ Q-3--MlNtPUL Don) Chapter XVII--Occupational Safety and Health Administration, Do* partmnt of labor PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS Emergency Standard for Exposure to Asbestos Dust Pursuant to section 8(c) of the WHliams-Stelger Occupational Safety and Health Act of 1970 (84 Stat. 1598. 29 U.S.C. 655), Part 1910 of Title 29. Code of Federal Regulations (36 F.R. 10468. Mar 29; 1971) Is hereby amended in the manner indicated below in order to pro* vide an emergency standard dealing with the exposure of employees to asbestos dust. In light of Increasing Information on the results of exposure of employees to airborne asbestos dust. Including recent studies by the National Institute for Oc* cupational Safety and Health and others, and recommendations by the American Conference of Governmental Industrial Hygienists (ACGIH), it Is hereby deter mined that (1) exposure under the pres ent standard for asbestos dust in Table G-3. i 1910.93, of 12 fibers per milliliter greater than S microns in length or 2 million particles per cubic foot of air. which Is derived from an established Fed eral standard promulgated under the Walsh-Heniey Public Contracts Act on May 20. 1909. constitutes a grave danger to employees exposed to this 8-hour time-weighted average concentration: and that (2) an emergency standard is necessary to protect employees from this excessive exposure. The National Insti tute for Occupational Safety and Health concurs that the proposed change in the asbestos dust standard recommended by the American Conference of Governmen tal Industrial Hygienists should be the substantial base for the emergency standard. Action concerning the standard will be commenced under section 6(b) in the immediate future. Any notice of pro posed rulemaking under section 6(b) will give notice of the emergency standard as a proposed rule and also of any ap propriate subsidiary proposals which may be required under subparagraphs (5) and (7). of section 6(b) relating to the ex posure of employees to toxic substances. Part 1910 is amended as follows: 1. Table 0-3 following i 1910.93 (36 VS.. 15104. Aug. 13, 1971) Is hereby amended by deleting the following: Asbestos--13 fibers per mlllUtter greater than 6 microns la length or2 Wppcf. TTemollte............. 5 Upper. 20mgyM* SIO, " Fobxunae Uppei Mc/U' Silk*: Ory-UHne: Quern (rnfdnble)............... 390 ' - . %SlOrt-l Queru (loui doll).................................... CrOlebellie: C H (be .yelue cskuleird from (be fount or moss formulae for uusrts. Tridymitc: Vto H (he rahee rekuiated bom (be (or* raulse foe qasrte. Amorphous. tocludlnf aetarsl dlstoreerfous ttnb_--.... 30 %SiOH-l Xhsc/M' %*iOi+3 Wat/>P %S10i (Dirndl (less (bis!% cry* Ulllne ulkm): Hire....................................... 1 Sooprwoe..........i.................. Tile................................. Pa/tlond ocmtnt........... Omphite (herural?........... Co1 tlun (rtoplrable freedom ku Ibsfl 1% SiOi)................ Tot non tbu t% SlOt.......... 30 30 to IS .... :tiuc/>n .... lOms/Wt Inert or Nr'-enee Case Respirable IneUos.... Totsl dust.................... %SIOrf-3 It Stbc/M1 10 lSac/M> Note; Conrrrrto* ftetas-- appc(XSS.3-mlUlob psrtkles per ruble mrtrr panicles per el. Millions of particles per eublc foot of sir, bmmrd oo lmpln<rr smmplrs mounted by Hcbt-Crid (rcfinlcs. ' Tlim percentage of crystalline slllrm io tbe tormuls tm (he mmoant drtmrretned from mlnbornm samples, cxrrpt In (hotr innimncmm In vltlrh other methods here breu thovn to b mppUamblm. I As determined by tbe mrrebrmnm flllrr tnrUtod mt OOxnherr rontrmit metnincstloa. ltoih ooneriitrmtlon end tvrctnt Qnmrtt for (hr titpllrstlon of thMtmltmn to be determined from ihmfrmeiuo pmulnt m rtte-irlMloe tmh the follorntny rhirectcniilea: Atrodrotate dlinttar (unit dtmur fpfen) Frrttnt ptning ictetor 1 11 ^ LI > 90 to 15 0 Tbt mniurtamnts under tbls nou rrlrr to the use of mn A EC Iruiramtai. It the respirable fraction of cool (tiirt Udrltrmfnrd erllb tMRC the ftcure corresponding to Urn of 2.4 Mg/M1 In Uit table lor cool dust is id Mg/M, 2. A new i 1910.93a is added to Part 1910. The new i 1910.93a reads as follows: . | 1910.93a Asbestos dust. (a) The 8-hour time-weighted aver age airborne concentration of asbestos dust to which employees are exposed shall not exceed 5 fibers per milliliter greater than 5 microns in length, as de termined by the membrance filter method at 400-450 x magnification (4 millimeter objective) phase contrast illumination. Concentrations above 5 fibers per milliliter but, not to exceed 10 fibers per milliliter, may be permitted up to a total of 15 minutes In an hour fur up to 5 hours In an 8-hour day. (b) Engineering methods, such as but not limited to, enclosure, vacuum sweep ing, and local exhaust ventilation, shall FEDERAL SEGISTU, VOL 3, NO. 334--TUESDAY, DECtMIEt 7, 1*31 be used to meet the exposure limits pre comply with the requirements of these scribed In paragraph (a) or this section. subparagraphs relating to the operations Where such engineering methods are not involved. The requirements of this para feasible, or do not otherwise reduce the graph are in addition to those prescribed concentrations below thoee prescribed la in paragraph (b) of this section. paragraph <a> of this section, respira (2) All hand- or power-operated tools A tory orotectlve devices shall be provided which produce asbestos dust such as. but I and used la accordance with paragraph not limited to. saws, scorers, abrasive n (c) of this section. wheels, and drills shall be provided witl H (c)(1) (i> When the limits of ex local exhaust ventilation and dust col- / posure to asbestos dust prescribed in lectors in accordance with the American f paragraph (a) of this section arc ex National Standard Fundamentals Gov- j ceeded and when engineering controls omlng the Design and Operation of Local I required by paragraph (b> of this scctioa Exhaust Systems; ANSIZ9.2--1971. are not feasible or do not otherwise re duce the concentration of asbestos dust below those prescribed in paragraph <a) of this section, the employer shall re quire the use of respiratory protective de vices. The selection of respiratory protective devices shall be limited to those specified in the remaining sub paragraphs of this paragraph (e). (ii) The employer shall require that each employee test his respiratory pro tective device before each use in order to Insure a proper fit according to the manufacturer's instructions. The em ployer shall further provide tor effective training or supervision of einptoyces in the testing of respiratory protective de vices for fit before their use. (3) Employees exposed to the spraying of asbestos or the demolition of pipes, j structures, or equipment covered or in sulated with asbestos shall be provided 1 with respiratory protective devices In 1 accordance with paragraph (el (4) of J this section. (e) Asbestos cement, mortar, coatings/] grout, and plaster shall be mixed in closed bags or other containers. (f> Asbestos waste and scrap shall SS~I collected and disposed of In sealed bagsj or other containers. (g> AH cleanup of asbestos dust and blowing shall be performed by vacuum cleaners. No dry sweeping shall be per formed. / (2) For an atmosphere containing not 3. Section 1910.12 is amended by more than 2$ fibers per milliliter greater changing paragraph (a) in order to apply than 5 microns in length over an 8-hour the emergency standard prescribed in the average, or more than 50 fibers per milli new 11910.93a. which is published In this liter over any period of 15 minutes, a document, to construction work which is reusable or single-use filter type respira subject to the Act. The amendment is tor, operating with negative pressure necessary In light of the rule of regula during the inhalation phase oi breathing, tory construction set forth in 11910.5(e). approved by the US. Bureau of Mines As amended, f 1910.12 reads as follows: under the provisions of 30 CFR Part 14 (Bureau of Mines Schedule 21B), or a 1910.12 Construction work. valveless respirator providing equivalent (a) (1) Adoption and extension of es protection, shall be used. tablished safety and health standards (3) For an atmosphere containing not for construction. The standards pre more than 250 fibers per milUlter greater scribed by Part 1518 of this title and In than 5 microns in length over an 8-hour effect on April 28, 1971, are adopted as average, or more than 500 fibers per occupational safety or health standards milliliter over any period of IS minutes, under section 8(a) of the Act and shall a powered filter pocitive pressure res apply, according to the provisions pirator approved by the U.S. Bureau of thereof, to every employment and place Mines under the provisions of 30 CFR of employment of every employee en Part 14 (Bureau of Mines Schedule 21B) gaged in construction work. Each em shall be used. ' ployer shall protect the employment and (4) For an atmosphere containing places of employment of each of his more than 250 fibers per milliliter employee* engaged in construction work greater than 5 microns In length over by complying with the appropriate an 8-hour average a type C positive pres standards prescribed by this paragraph. . sure supplied-air respirator approved by the 05. Bureau of Mines under the pro visions of 30 CFR Part 12 (Bureau of Mines Schedule 19B) shall be used. (5) The employer shall establish a respirator program in accordance with the requirements of American National Standard Practice for Respiratory.Pro tection ZttJt--1969. (6) The respirator* provided each em ployee shall be properly inspected, (2) The standards prescribed in"\t''"" f 1518.55(c) of this title ahall apply in t> ~f the ease of the exposure of any em ployee in construction work to airborne^, asbestos dust. a ^ Effective date.- These amendments shall become effective immediately upon publication in the Ftoexal Ricnixa (12-7-71). ----------------------------- cleaned, repaired and stored. ' TSie. Slat. ISM. 29 tJAC. S55; Sec (d> (1) When an employer has em retary* Order No. 12-71, SO PJL1754) ployees who are exposed to asbestos dust exceeding the limits prescribed in para graph (a) of this section and the ex posure results from the operations de scribed in the remaining subparagraphs Signed at Washington, D.C., this 2d day of December 1971. O. C. OtJXNTKxa, Assistant Secretary of Labor. of this paragraph (d>. the employer shall [PR DOC.71-17J3*'Piled 12-8-71;*:t7 ami