Document qaJ0zxmxam8nk1Gwg8vojeQ05

r BCC: 0. J. Sibley T/i",- s falulrm asbestos___________________ UNION CARBIDE CORPORATION METALS DIVISION P.O.BOX 579 NIAGARA FALLS, N.Y. 14302 . TEL: 716-278-3376 PLAINTIFF'S EXHIBIT November 24, 1980 UC-3900 TO: "Calidria" Asbestos Customers, Distributors & Warehouses: Enclosed is the most recent version of the OSHA standard on asbestos. In our annual mailing of asbestos health and regulatory informa tion sent to you in early October, we inadvertently Included a copy o,f an earlier version. In addition to recodifying the standard from 1910.93a (Subpart G) to 1910.1001 (Subpart Z), the section on Recordkeeping, 1910.1001(1)0), has been revised to require that exposure records be maintained for "at least 20 years" rather than 3 years. Please replace any OSHA asbestos standards in your files with the enclosed (pink) version. Very truly yours R. E. Byrne Manager-Asbestos Technology REB:da1 Enclosure UCC 014049 RECEIVED MOV 2 51980 UCC-CALIDRIA' hiaoaRA fall'i. tl. A0858 I Title 29--LABOR Ctioplcr XVII--Ottopofionol Sofety end Health Administration, Depart* men* of Labor PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS Standard for Exposure to Asbestos Dust On December 7. 1971, n emergency temporary standard concerning exposure to asbestos fibers was published in ihe Federal Recisier 36 F.R. 231107). In ac cordance with section 6`c) (3) of the Willtoms-Stciger Occupuional 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 Recistcr 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 w*as 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 tranr milted to the Secretary of Labor a cri teria document containing Recommenda- NOTE: Th preamble to the "permanent" asbestoa stan dard, issued June 7, 1972, is reproduced for informa tion. It was not included in the republication of the standard on June 27, 1974, but directly relates, pro viding background consider ations for OSHA's exposure to asbestos dust regulation RULES ANO REGULATIONS 11318 lions 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 Safely and tations. such as asbestosis. lung cancers, Health INIOSII).Public notice was given and mesothelioma, have given rise to Of the receipt Of the recommendations controversy as to the validity of the end their availability for Inspection and measuring techniques used and the relia copying. On or about February 23. 1972. bility of the relations attempted to be the Advisory Committee on Asbestos Dust established. Because of the long lapse submitted its written recommendations of'lime between onset of exposure and to the Assistant Secretary of Labor for biological manifestations, we have now* Occupational Safely and Health. evidence of the consequences of exposure, Pursuant to the notice of rule making, but we do not have. In ccncral, accurate a hearing was held on March H 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 given rise to these consequences. There the proposed standard. On or about are also controversies conecniing the March 31.1972. the presiding hearing ex relative toxicity of the various kinds of aminer certified to the Assistant Secre asbestos, and varying hazards in dif tary of Labor for Occupational Safety ferent workplaces. and Health the record of the proceeding. It is fair to sav that the controversy The record includes prehearing written has centered in the area between a two- comments, a transcript of the oral pres flber TVVA 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 confibers; (2) methods of compliance; <3> . sequences from exposure to asbestos warning signs; (4) monitoring: (5) med fibers, it is essential that the exposure be 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 ail have been sirable. An asbestos standard can be re examined and considered. evaluated in the light of the results of 1. Acceptable concentrations of asbes ongoing studies, and future studies, but tos dust. The proposed standard would limit occupational exposure to S-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 13 minutes in an hour, but for not more than 5 hours in any one 8-hour day. NIOSH in effect has recommenued that the five-fiber TWA and 10-fiber peak concentrations be permitted only for 2 years; thereafter, TWA concentra cannot wait for them. Lives 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 chrysolite, the evidence-is not sufficient to establish separate standards for varieties of asbestos. tions should be not more than 2 fibers per cubic centimeter (cm.') 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 tile time periods to comply with them. Some, for example, have rec ommended return to a 12-fiber standard of an earlier day; l.e.. a level adopted under the Walsh-Hcaley Public Con tracts Act in 1969. Others have recom mended a two-fiber standard to become effective in 6 niontlis. (hen a one-fiber standard for 2 years, and finally a zerofiber standard after 3 years. These rec ommendations give a fair judication of the wide spread of the counterproposals. 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 safe with regard to asbestosis are not safe with regard to mesothelioma; be cause the statute requires the protection of every employee, even of one v ho 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 are reflected in the record of No one has disputed that exposure to the proceeding, the conflict in the medi asbestos of high enough intensity and cal evidence is resolved lit favor of the 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 be below which exposure Is safe. Various allowed to exceed two fibers 'cc.. with a studies attempting'to establish quantita ceiling value of 10 fibers cc. The current tive relations between specific levels of TWA concentrations of five fibers, and FIOUAt StCISir*. VOL IT. NO. 110--WfONCSOAT, JUNE 7, 1*71 UCC 014050 AO8582 RULES AND REGULATIONS 11319 crUine concentrations of to fibers/ec. fibers, so that these would not be rrtresrd . Records. The standard, as proposed will be permitted unUl July 1. tTG%durtnj: whnt will be a transitional period deemed necessary to allow employers to make the reeded changes for coming Into compliance with the more stringent standard. The record shows that the many work opera lions subject to the single asbestos standard (textile, manufacturing. Indus* trial. and marine Installation, etc.) will meet varying dcitices of difficulty In In the normal use of the products, should not be required to be labeled; and <2) words such as "danger" and "cancer" are unwarrantcdly alarming. Both contentions have merit, and the standard inis 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 and at adopted, requires maintenance of records of monitoring and of medical examinations. Most of the controversy In tills area has revolved around the ques tion whether nn employer should be al lowed to have access to the results of the required medical examinations. Tl apprehension of those wtio hare argued against employer access is based on the expectation that some employers wUl use the medical examinations as a means of complying with the standard. In some uring instruments, frequency of moni s: rccimig employment applicants, and pj.'.r.:.'. extensive redesign and reloca toring. and conditions in which monitor worse, as grounds for disrhirring current te:! of equipment may be needed. It ap ing should be required. The adopted employees, wlio show signs of being af pears, however, the delay in the effective standard takes tiie objections Into con fected by exposure to asbestos. Since the date of the two-fiber standard will pro sideration. It requires periodic monitor purpose of the medical examinations is vide all employers a reasonable time to ing at intervals no longer than 6 months, to monitor the health of employees ex comply. At the same time, so long as the thus allowing considerable time and dis posed to the hazards of abestos. em ceiling limit Is complied with, no harm cretion. and prescribes the use of the ployees cannot in reason be granted the is reason ably expected to result from ex membrane filter method, which Is an ac privilege of refusing to disclose to their posures dunng the transitional period* ceptable method for determination of employers results of occupational expo 2. Methods ol compliance. It has been pointed out by many peisons. that pro tection against asbestos fibers is best obtained by controlling the generation of nbers 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 reiled upon because, among other reasons, they may bo 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 havo 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 posed 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 os 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 empicyments exposed gineering controls and to train employ to concentrations of asbestos fibers, and ees In sound work practices, but, after also inquires 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. Labeling. The proposed standard the same year. Accordingly, the standard stopped short of requiring labeling as does not require either preemployment, bestos and asbestos-containing products. or termination, or periodic examlnaton The proposed standard would have re of any employee who has been examined quired only warning signs at locations in accordance with the standard within where asbestos hazards are present. the past year. sure. It docs 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 ther Act, to the detriment of employees. Therefore, the administration of the medical records requirement will ba closely watched, and. in cases of abuse, appropriate action will be considered. The issues discussed above 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 h:.ve 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. 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 gives 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 countcrpro- also, have medical departments with proposals have been made as to the lan some expertise in the diagnosis of abes- guage of the warning os 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 procrams and expertise, than to strongly contend that (1) finished prod permit an employee to choose a private ucts which effectively entrap asbestos general practitioner. nociAi xtcurti. vol 37, no. no--Wednesday, iuni r, if73 UCC 014051 A0S583  1910.1001 Title 29--Lobor Title 29 Code of Federal Regulations Parts 1900 to 1919 Revised as of July 1, 1979 19 JO. 1001 Asbestos. " (a> Definitions. For the purpose of this section. (1) "Asbestos" includes chrysolile. amosite. crocidolite. tremolite. anthophyllite. and actinolite. (2) "Asbestos fibers" means asbestos fibers longer than 5 micrometers. (b) Permissible exposure to airborne concentrations of asbestos fibers--(1) Standard effective July 7. 1972. The 8hour time-weighted average airborne concentrations of asbestos fibers to which any employee may be exposed shall not exceed five fibers, longer titan 5 micrometers, per cubic centi meter ol air. as determined b> the method prescribed in paragraph (el of tins section. (2 Standard effective July }. 1976. The 8-hour time-weighted average air borne concentrations oi asbestos fibers to which any employee may be ex posed shall not exceed two fibers. UCC 014052 A08584 Chapter XVII--Occupational Safety and Health Administration 1910.1001 longer than 5 micrometers, per cubic centimeter of air, as determined by the method prescribed in paragraph (e) 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 than 5 micrometers, per cubic centi meter of air, as determined by the method prescribed in paragraph (e) of this section. (c) Methods of compliance--(1) Engi neering methods, (i) Engineering con trols. Engineering controls, such as, but not limited to, isolation, enclosure, exhaust ventilation, and dust collec tion, shall be used to meet the expo sure limits prescribed in paragraph (b) of this section. (ii) Local exhaust ventilation, (a) Local exhaust ventilation and dust col lection systems shall be designed, con structed. installed, and maintained in. accordance with the American. Nation al Standard Fundamentals Governing the Design and Operation of Local Ex haust Systems, ANSI Z9.2-1971, which is incorporated by reference herein. (6) See 1910.6 concerning the avail ability of ANSI Z9.2-1971, and the maintenance of a historic file in con nection therewith. The address of the American National Standards Insti tute is given in 1910.100. (iii) Particular tools. All hand-oper ated and power-operated tools which may produce or release asbestos fibers in excess of the exposure limits pre scribed in paragraph (b) of this sec tion. such as. but not limited to, saws, scorers, abrasive wheels, and drills, shall be provided with local exhaust ventilation systems 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 exposure limits prescribed in para graph (b) of this section, unless the usefulness of the product would be di minished thereby. (ii) Particular products and oper ations. No asbestos cement, mortar, coating, grout, plaster, or similar ma terial containing asbestos shall be re moved from bags, cartons, or other containers in which they are shipped, without being either wetted, or en closed. or ventilated so as to prevent effectively the release of airborne as bestos fibers in excess of the limits prescribed in paragraph (b) of this sec tion. (Ill) Spraying, demolition, or remov al. Employees engaged in the spraying of asbestos, the removal, or demolition of pipes, structures, or equipment cov ered or insulated with asbestos, and in the removal or demolition of asbestos insulation .or coverings shall be pro vided with respiratory equipment in accordance with paragraph (d)(2)(iii) of this section and with special cloth ing in accordance with paragraph (d)(3) of this section. (d) Personal protective equipment-- (1) Compliance with the exposure limits prescribed by paragraph (b) of this section may not be achieved by the use of respirators or shift rotation of employees, except: (1) During the time period necessary to install the engineering controls and to institute the work practices re quired by paragraph (c) of this sec tion', (ii) In work situations in which the methods prescribed in paragraph (c) of this section are either technically not feasible or feasible to an extent in sufficient to reduce the airborne con centrations of asbestos fibers below the limits prescribed by paragraph (b) of this section: or (iii) In emergencies. (iv) Where both respirators and per sonnel rotation are allowed by para graphs (d)(1) (i), (ii), or (iii) of this sec tion, and both are practicable, person nel rotation shall be preferred and used. (2) Where a respirator is permitted by paragraph (d)(1) of this section, it shall be selected from among those ap proved by the Bureau of Mines, De partment of the Interior, or the Na tional Institute for Occupational Safety and Health, Department of Health. Education, and Welfare,' under the provisions of 30 CFR Part 11 <37 F.R. 6244, Mar. 25. 1972), and shall be used in accordance with subdivisions (i), (ii), (iii), and (iv) of this subpara graph. 581 UCC 014053 AOS 58 b  1910.1001 Tille 29--Labor (i) Air purifying respirators. A reusabo or single use air purifying respira tor. or a respirator described in para graphs (d)(2) (ii) or (iii> of tins section, shall be used to reduce (he concentra tions of airborne asbestos fibers in the respirator below the- exposure limits prescribed in paragraph (b) of this sec unable to function normally wearing a respirator, or that the safety or health of the employee or other employees will be impaired by his use of a respi rator. Such employee shall be rotated to another job or given the opportuni ty to transfer to a different position whose duties he is able to perform tion. when the ceiling or the 8-hour with the same employer, in the same time-weighted average airborne con- geographical area and with the same central ions of asbestos fibers are rea seniority, status, and rate of pay he sonably expected to exceed no more had just prior to such transfer, if such than 10 times those limits. a different position is available. (ii) Powered air purifying respira (3) Special clothing: The employer tors. A full facepiece powered air puri shall provide, and require the use of, fying respirator, or a powered air puri special clothing, such as coveralls or fying respirator, or a .respirator de similar whole body clothing, head co-. scribed in paragraph (d)(2)(iii) of this verings. gloves, and foot coverings for section, shall be used to reduce the any employee exposed to airborne con concentrations of airborne asbestos centrations of asbestos fibers, which fibers in the respirator below the ex exceed the ceiling level prescribed in posure limits prescribed in paragraph paragraph (b) of this section. (b) of this section, when the ceiling or (4) Change rooms: (i) At any fixed the 8-hour time-weighted average con place of employment exposed to air centrations of asbestos fibers are rea borne concentrations of asbestos fibers sonably expected to exceed 10 times, in excess of the exposure limits pre but not 100 times, those limits. scribed in paragraph (b) of this sec (iii) Type "C" supplied-air respira tion, the employer shall provide tors, continuous flow or pressure- change rooms for employees working demand class. A type "C" continuous regularly at the place, flow or pressure-demand, supplied-air (ii) Clothes lockers: The employer respirator shall be used to reduce the shall provide two separate lockers or concentrations of airborne asbestos containers for each employee, so sepa fibers in the respirator below the ex rated or isolated as to prevent con posure limits prescribed in paragraph tamination of the employee's street (b) of this section, when the ceiling or clothes from his work clothes. the 8-hour tine-weighted average air (iii) Laundering: (a) Laundering of borne concentrations of asbestos fibers -asbestos contaminated clothing shall are reasonably expected to exceed 100 be done so as to prevent the release of times those limits. air-borne asbestos fibers in excess of (iv) Establishment of a respirator the exposure limits prescribed in para program, (a) The employer shall es graph (b) of this section. tablish a respirator program in accord (b) Any employer who gives asbes ance with the requirements of the tos-contaminated clothing to another American National Standards Prac person for laundering shall inform tices for Respiratory Protection, ANSI such person of the requirement in Z88.2-1969. which is Incorporated by paragraph (d)(4)(iii)(a) of this section reference herein. to effectively prevent the release of (b) See 5 1910.6 concerning the avail airborne asbestos fibers in excess of ability of ANSI ZSS.2-1009 and (he the oxposme limits prescribed in para maintenance of a historic file in con graph (b) of this section. nection therewith. The address of the (c) Contaminated clothing shall be American National Standards Insti transported in scaled impermeable tute is given in 5 191O.1C0. bags, or other closed, impermeable (c) No employee shall be assigned to containers, and labeled in accordance tasks requiring the use of respirators with paragraph <g) of this section. if, based upon his most recent exami (e) Method of measurement Ail de nation. an examining physician dctcr: terminations of airborne concentra mines that the employee will be tions of asbestos fibers shall be made 582 UCC 014054 A08586 Chaptor XVII--Occupational Safety and Hoalth Administration 1910.1001 by the membrane filter method at quency and pattern as to represent 4GC 450 v (magnification) (4 millinic- with reasonable accuracy the levels of ter objective) with plia.se contract illu exposure of the employees. In no ease mination. shall sampling be at intervals grealer <f) Monitoring--(1) Initial determi than 6 months for employees whose nations. Within 6 months of the publi exposures to asbestos may reasonably cation of this section, every employer be foreseen to exceed the exposure shall cause every place of employment limits prescribed in paragraph (b) of where asbestos fibers are released to this section. be monitored in such a way as to de termine whether eve ry employee's ex posure to asbestos fibers is below the (4) Employee observation of moni toring. Affected employees, or their representatives, shall be given a rea limits prescribed in paragraph (b) of sonable opportunity to observe any this section. If the limits arc exceeded, monitoring required by this paragraph the employer shall immediately under and shall have access to the records take a compliance program in accord thereof. ance with paragraph (c) of this sec (g) Caution signs and labels. (1) tion. Caution signs. !i) Posting. Caution (2) Personal monitoring--(i> Sam signs shall be provided and displayed ples shall be collected from within the at each location where airborne con breathing zone of the employees,, on centrations of asbestos fibers may be membrane filters of 0.8 micrometer in excess of the exposure limits pre porosity mounted in an open-face scribed in paragraph (b) of this sec filter holder. Samples shall be taken- tion. Signs shall be posted at such a for the determination of the 3-hour distance from such a location so that time-weighted average airborne con an employee may read the signs and centrations and of the ceiling concen take necessary protective steps before trations of asbestos fibers. entering the area marked by the signs. (ii) Sampling frequency and pat Signs shall be posted at all approaches terns. After the initial determinations to areas containing excessive concen required by paragraph (f)(1) of this trations of airborne asbestos fibers. section, samples shall be of such fre (ii) Sign specifications. The warning quency and pattern as to represent signs required by paragraph (g)(l)(i) with reasonable accuracy the levels of of this section shall conform to the exposure of employees. In no case requirements of 20" x 14" vertical shall the sampling be done at intervals format ' signs specified in greater than 6 months for employees 1910.145(d)(4), and to this subdivi whose exposure to asbestos may rea sion. The signs shall display the fol sonably be foreseen to exceed the lowing legend in the lower panel, with limits prescribed by paragraph (b) of letter sizes and styles of a visibility at this section. least equal to that specified in this (3) Environmental monitoring--(l) . subdivision. Samples shall be collected from areas Ltqesx) Notation of a work environment which are rep Asbestos ............... .......... ...... .......... l" Sans Sent. Gothic ct resentative of the airborne concentra tions of asbestos fibers which may reach the breathing zone of employ Block. Oust Haiard....... ..............--......... .. V Sans Soril. Gotfoc Of Block. Avoid Breathing 0o$t.............. -........ Gothic ees. Samples shall be collected on a membrane filter of 0.3 micrometer po rosity mounted in an open-face filter Wear Assxjnod Protective Equipment. Do Not Romom In Area Unless Your Work Requires H. V*" Gothic. Gothic. holder. Samples shall be taken for the Bruaihm*} Asbcsios Oust May 8e < 4 pomt Gothic determination of the 8-hour time- Haearoous To Your Health. weighted average airborne concentra Spacing between lines shall be at least tions and of the ceiling concentrations equal to the height of the upper of of asbestos fibers. any two lines. (ii) Sampling frequency and pat (2) Caution labels--(.i) Labeling. Cau terns. After the initial determinations tion labels shall be affixed to all raw required by paragraph (f)(1) of this materials, mixtures, scrap, waste, section, samples shall be of such fre debris, and other products containing *0-07 J 0--7*-------)1 583 A08587 UCC 014055  1910.1001 Title 29--Labor asbestos fibers, or to their containers, exiept that no label is required where asbestos fibers have been modified by a bonding agent, coating, binder, or other material so that during any rea sonably foreseeable use. handling, storage, disposal, processing, or trans portation, no airborne concentrations of asbestos fibers in excess of the ex posure limits prescribed in paragraph (b) of this section will be released. <fi) Label specifications. The caution labels required by paragraph (g)(2)(i) of this section shall be printed in let ters 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 Bodily Harm (h) Housekeeping--(1) Cleaning. All external surfaces in any place of em ployment shall be maintained free of accumulations of asbestos fibers if, with their dispersion, there would be an excessive concentration. (2) Waste disposal. Asbestos Waste, scrap, debris, bags, containers, equip ment, ana asbestos-contaminated clothing, consigned for disposal; which may produce in any reasonably fore seeable use, handling, storage, process ing, disposal, or transportation air borne concentrations of asbestos fibers in excess of the exposure limits pre scribed in paragraph Co) of this section shall be collected and disposed of in scaled impermeable bags, or other closed, impermeable containers. (i) Recordkeeping--(11 Exposure rec ords. Every employer shall maintain records of any personal or environ mental monitoring required by this section. Records shall be maintained for a period of a*, least 20 years and shall be made r.vr'la.bio upon request to 'he Assistant Secretary c: Labor for Occupational Safety and Health, the Director of the National Institute for Occupational Safety and Health, and to authorized representatives of either. (2) Employee access. Every employee and former employee shall have rea sonable access to any record required to be maintained by paragraph (i)(l) of this section, which indicates the employee's own exposure to asbestos fibers. <3) Employee notification. Any em ployee found to have been exposed at any time to airborne concentrations of asbestos fibers in excess of the limits prescribed in paragraph (b) of this sec tion shall be notified in writing of the exposure as soon as practicable but not later than 5 days of the finding. The employee shall also bs timely no tified of the corrective action being taken. (j) Medical examinations--11) Gen eral. The employer shall provide or make available at his cost, medical ex aminations relative to exposure to as bestos required by this paragraph. (2) Preptacement. The employer shall provide or make available to each of his employees, within 30 calen dar days following his first employ ment in an occupation exposed to air borne concentrations of asbestos fibers, a comprehensive medical exam ination, which shall include, as a mini mum, a chest roentgenogram (posteri or-anterior 14 x 17 inches), a history to elicit symptomatology of respira tory disease, and pulmonary function tests to include forced vital capacity (PVC) and forced expiratory volume at 1 second (DEV,.*). (3) Annual examinations. On or before January 31, 1973, and at least annually thereafter, every employer shall provide, or make available, com prehensive medical examinations to each of his employees engaged in occu pations exposed to airborne concentra tions of asbestos fibers. Such annual examination shall include, as a mini mum. a chest roentgenogram (posteri or-anterior 14 x 17 inches), a history to elicit symptomatology of respira tory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second < i-'.: "',.). (4) Termination of employment. The employer shall provide, or make avail able. within 30 calendar days before or after tlie termination of employment of any employee engaged in ai> occu pation exposed to airborne concentra tions of asbestos fibers, a comprehen sive medical examination which shall 504 A08588 UCC014056 Chapter XVtl--Occupational Safoty and Hoalfh Administration include. ax a minimum, a chest roent genogram (posterior-anterior 14 x 17 inches), a history to plicit symptoms* tology of respiratory disease, and pul monary 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 'tie 'ueployeo ha:; been examined in accordance with this paragraph within the past 1-ycar period. 78 (6) Medical records--Ci) Mainte nance. Employers of employees exam ined pursuant to this paragraph shall 11)10.19 S;ieciiil provisions for air con cause to be maintained complete and taminants. accurate records of all such medical examinations. Records shall be re tained by employers for at least 20 years. (ii) Access. The contents of the rec ords of the medical examinations re quired by this paragraph shall be made available, for inspection and copying, to the Assistant Secretary of Labor for Occupational Safety and (a) Asbestos dust. Section 1910.1001 shall apply to the exposure of every employee to asbestos dust in every em ployment and place of employment covered by 1910.12, 1910.13. 1010.K, 1910.15. or 1910.16, in lieu of any dif ferent standard on exposure to asbes tos dust which would otherwise be ap plicable by virtue of any of those sec tions. Health, the Director of NIGSH. to au thorized physicians and medical con Note: Following defines sultants of either of them, and, upon the request of an employee or former additional occupational employee, to his physician. Any physi areas affected.by section cian who conducts a medical examina 1910.19 above: tion required by this paragraph shall furnish to the employer of trie exam ined employee all the information spe 1910.12 - Construction cifically required by this paragraph, and any other medical information re lated to occupational exposure to as bestos fibers. Work (construc tion, alteration, and/or repair, in i29 PR 2.1502. June 27. 1974. Redesignated at 40 PP. U";)73. May 28, Ui75, and ainorjed at 41 PR 1)505. Mar. 19. 1976] 1910.13 eluding painting and decorating) - Ship repairing 1910.14 - Shipbuilding 1910.15 - Shipbreaking 1910.16 - Longshoring 585 UCC 014057 A08 5?