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Federal Register / Vol. 49, No. 166 / Friday, August 24, 1984 / Notices 33757 As soon as possible, the Graniteville Variance Determination, at the above U.S. Department of Labor--OSHA. 6000 Company shall give notice of this address, telephone (202) 523-7193, or the West Touhy Avenue, Niles, Illinois interim order to employees affected following Regional and Area Offices: 60648 thereby by the same means required to be used to inform them of the* applications for a variance. This interim order shall remain in effect until March 27,1985. or until a decision is rendered on the applications for variance, whichever is the earlier. U.S. Department of Labor--OSHA, 1515 Broadway (1 Astor Plaza), Room 3445, New York, New York 10036 U.S. Department of Labor--OSHA, 90 Church Street, Room 1405. New York. New York 10007 U.S. Department of Labor--OSHA, U.S Department of Labor--OSHA. 344 Smoke Tree Business Park, North Aurora. Illinois 60542 U.S. Department of Labor--OSHA. Federal Office Building, Room 4028, 550 Main Street Cincinnati, Ohio 45202 Signed at Washington, D.C.. this 20th day Gateway Building, Suite 2100, 3535 U.S. Department of Labor--OSHA, of August 1984. Market Street, Philadelphia, Federal Office Building, Room 899, Robert A. Rowland. Pennsylvania 19104 1240 East 9th Street, Cleveland. Ohio Assistant Secretary ofLabor. U.S. Department of Labor--OSHA. 44199 [FR Doc. M-22MS Filed S-33-M; M3 m| BIlUNa CODE 4S10-M-M Room 242. U.S. Custom House. Second U.S. Department of Labor--OSHA, and Chestnut Street, Philadelphia, USPO 4 Courthouse, Room 422, 48 h[V*--8-4-4] Pennsylvania 19106 U.S. Department of Labor--OSHA. Penn Place, Room 2005, 20 North East Ohio Street. Indianapolis, Indiana 46204U.S. Department of Labor--OSHA, Henry S. Reuss Temporary Variances From Final Trigger Level for Medical Removal Protection Under the Standard for Occupational Exposure to Lead Pennsylvania Avenue, Wilkes-Barre, Pennsylvania 18701 U.S. Department of Labor--OSHA, Federal Building, Room 2236,1000 Liberty Avenue, Pittsburgh, Building, 310 West Wisconsin Avenue, Suite 1180, Milwaukee, Wisconsin 53203 U.S. Department of Labor--OSHA, 555 Griffin Square Building. Room 602, a g e n c y : Occupational Safety and Pennsylvania 15522 .. Dallas, Texas 75202 Health Administration. Labor, U.S. Department of Labor--OSHA, U.S, Department of Labor--OSHA, 1425 ' a c t io n s : Notice of Applications for Temporary Variance and Interim Order Grants of Interim Order, and Request for Comments. Progress Plaza, 49 North Progress Avenue, Harrisburg, Pennsylvania 17109 U.S. Department of Labor--OSHA, Federal Building, Room 6226, 400 .. s u mma r y : This notice announce* the ^ : applications of 87 plants fora temporary."ta-K North 8th Street, Post Office Box 10186, Richmond, Virginia 23240 variance and an iniaria order from the*^;; U.S. Department of Labor--OSHA, 850 final triggerlevelforMadicalRemoval \lti N, 5th Street, Allentown, _ Protection (MRP) of the Standard for ', " Pennsylvania 18102 Occupational Exposure to Lead (29 CFR ; U.S. Department ofLabor--OSHA, 1375 19iai02B(k)). Of the total 87 plants. 85*^L ; Peachtree Street, NE,, Suite 587, were granted.the interim order. 1 Atlanta, Georgia 30367 , : ' However, recent blood lead data show' U.S. Department of Labor--OSHA, that of the 65 remaining plants 32 are no Building 10--Suite 33. La Vista longer in need of the relief. Therefore, Perimeter Office Park, Tucker, OSHA is hereby terminating the interim Georgia 30084 orders granted to 32 plants. This notice U.S. Department of Labor--OSHA, 1835 West Pioneer DriveJrving. Texas 75061 U.S. Department of Labor--OSHA, Savers Building--Suite 828.320 West Capitol Avenue.-Little Rock. Arkansas 72201 U.S. Department of Labor--OSHA, Hoover Annex, Suite 200, 2158 .' Wooddale Boulevard, Baton Rouge,. Louisiana 70808 U.S. Department of Labor--OSHA. 911 Walnut Street, Room 408. Kansas City, Missouri 84108 U.S. Department of Labor--OSHA, 1150 . Grand Avenue, 6th Floor. Room 606. Kansas .City, Missouri 64106 SUPPLEMENTARY INFORMATION; announces the granting of the interim Assembly Street, Room 1488, 1. Background order to the remaining 33 piants and Columbia, South Carolina 29201 invites comments on the variance U.S. Department of Labor--OSHA, Todd applications. Mall, 2047 Canyon Road. Birmingham, d a t e s : Of the 33 remaining plants, the interim order became effective for 21 on,' September 2.1983 and for 5 on October 17,1983. The Interim order will become effective for 7 additional plants on August 24,1984. The last date for interested persons to submit comments on the variance applications is ' - Alabama 35216 U.S. Department of Labor--OSHA, 951 Government Street--Suite 502, Mobile, Alabama 36604 U.S. Department of Labor--OSHA. Federal Building, Room 302.299 East Broward Boulevard, Fort Lauderdale, Florida 33301 U.S. Department of Labor, 700 Twiggs September 24,1984. The date by which affected employers and employees must - Street, Room 624, Tampa, Florida 33602 request a hearing is September 24,1984. U.S. Department of Labor--OSHA, Under the medical removal protection (MRP) provision of the lead standard, ,... (29 CFR 1910.1025(k)J, employers are required to remove an employee whose blood lead level is at or above the medical removal trigger level from work having an exposure to lead at or above the action level of 30 micrograms of lead per cubic meter of air (30 pg/ms). The employee must be kept on temporary medical removal until the employee's blood lead level has declined to or below the return trigger. Employees are guaranteed full wages and benefits a d o r e s s e s : Send written comments and Federal Office Building, Room 408,310 throughout the duration of the removal requests for a hearing to: Office of New Bern Avenue, Raleigh. North period to a maximum of eighteen Variance Determination, Occupational Carolina 27601 months. Safety and Health Administration. U.S. U.S. Department of Labor--OSHA, 32nd The purpose of the MRP provision is Department of Labor, Room N3656, Floor, Room 3244. 230 South Dearborn to provide temporary medical removal Third Street and Constitution Avenue, Street, Chicago, Illinois 60604 protection to workers who are at risk of NW,, Washington, D.C. 20210. U.S. Department of Labor--OSHA, 1400 . sustaining material impairment to health FOR FURTHER INFORMATION CONTACT. Torrence Avenue--2nd Floor, Calumet from continuous exposure to lead. The James J. Concannon. Director. Office of City, Illinois 60409 standard specifies four medical removal N17441 CYW1 3-001118 33758 Federal Register Vol. 49, No. 169 / Friday, August 24, 1964 / Notices and three return trigger levels. These levels were phased in over a five-year period. Phase one required removal of employees having blood-lead levels at or above 80 micrograms of lead per 100 grams of whole blood (80 pg/lOOg) and allowed return when blood-lead levels decline to 60 micrograms of lead per 100 grams of whole blood (60 pg/lOOg). Phase two required removal at 70 p.g/ lOOg and permitted return at 50 fig/100g. Phase three requires removal at 60 fig/ lOOg and authorizes return at 40 jig/ lOOg. The fourth and final phase requires removal at 50 pg/lOOg and allows return at 40 fig/lOOg. The first three medical removal triggers--the 80, 70, and 60 jig/lOOg triggers--would require removal of an employee after periodic and followup blood sample tests indicate that the employee's blood lead is at or above the specified trigger. The fourth removal trigger, however, requires the removal of an employee whenever the average of the last three blood tests or the average of all blood tests taken over the previous six months, whichever is longer, is at or above 50 pg/lOOg. An employee need not be removed under the terms of the 50 pg/lOOg trigger whenever the \ employee's last blood test results indicate a blood lead level of 40 jig/lOOg or below. At present and for the indefinite future, the 60 and 50 (ig/lOOg removal triggers are concurrently in effect. Thus, an employee must be removed when the employee's blood-lead test results average 50 pg/lOOg or when the employee's blood-lead level is confirmed by a follow-up sample to be 60 jig/lOOg or over. Prior to the March 1981 effective date of the 60/40 MRP triggers, the primary and secondary lead smelters and lead battery manufacturers petitioned the Agency for industry-wide stays. The petitions were based upon assertions that the companies would be unable to comply with the MRP provision because of the anticipated removal and resulting unavailability of so many key employees affected by the 60/40 pg/ lOOg MRP triggers. The petitions were denied because the data submitted by these industries did not demonstrate a need for an industry-wide stay of the MRP trigger (48 FR 24558 and 46 FR 37891). However, OSHA did find that, on a p!ant-by-piant basis, there were some feasibility problems. Therefore, on July 23 and 24,1981 (46 FR 37891 and 48 FR 38074), OSHA announced that the temporary variance and interim order mechanism, set forth in section 6(b)(8)(A) of the OSH Act and covered by regulations in 29 CFR Part 1905, would be used to afford relief to lead smelting and battery companies on a plant-by-plant basis. comply with the 60 /ig/lOOg removal and 40+ig/l00g return trigger levels. As conditions of the relief, the employers The July 23 and 24, 1981 Federal Register notice (46 FR 37891 and 48 FR 38074) gave the affected plants until August 31,1981 to demonstrate that 10 were obligated to comply with the 70/50 jig/lOOg triggers, the other conditions and requirements of the order, and with all other provisions of the lead standard. percent or more of their total lead- The order also required increased exposed supervisory, maintenance and medical surveillance and additional skilled employees would be subjected to safeguards to protect the health of temporary removal because of blood affected employees. lead levels between 60-70 pg/lOOg, or, On March 1. 1983, the 50 pg/lOOg MRP for any plant below the 10 percent removal trigger level became effective. figure, to show by compelling evidence Based on the data that had been that the relief was needed. Eligible submitted in support of the requests for employers were required to submit to. temporary variance from the 60/40 p.g/ OSHA an application for a temporary lOOg MRP trigger levels, the lead variance and an interim ordef, written rulemaking record (OSHA Docket No. acceptance of the terms of the interim H-004), the judicial history of the lead order, certification of notice to the standard and surveys of lead industries, affected employees and certain data to OSHA recognized that this trigger was support their application. likely to pose feasibility problems for Seventy applications for a temporary many companies. variance and an interim order were One-hundred and twenty-five plants received. Of the 70 plants requesting this sought relief from the 50 jig/lOOg relief, 45 were granted the interim order removal trigger. Of that number, only 67 (46 FR 48654, October 2,1981; 47 FR were considered appropriate for relief 8431, February 26,1982; and 47 FR 10434, by OSHA at this time. They submitted April 10,1982), which remained in effect - applications for a temporary variance until OSHA rendered a decision on the and an interim order with supporting applications for temporary variance. data indicating that 10 percent or more The variance record demonstrated of their total skilled lead exposed that immediate compliance with the 60/ employees would require removal 40 pg/lOOg MRP removal and return because their blood lead levels exceed trigger levels presented major feasibility the 50 ug/lOOg trigger. Based on that problems for the 45 plants in four main data, OSHA decided to grant the interim areas: (1) The plants would have to order to 65 of the 67 plants, since two remove 10 percent to 66 percent of their plants (General Battery's Dallas smelter total skilled workforce from lead and Indiana battery plants) no longer exposure; (2) experiehced'employees needed this relief. Of theJS, the interim who would be removed could not easily order is being granted to 7 plants today. be replaced because employers would The remaining 58 plants were granted be unable to recruit other employees the interim order by letter. The interim with the levels of skills necessary to order became effective for 48 plants on perform these highly skilled positions or- September 2,1983, for one plant on to quickly train replacements; (3) September 20,1983, and for nine plants removal of highly skilled and on October 17,1983. However, of the 58 experienced employees would diminish plants, 32 no longer need the relief: two the health and safety of the remaining plants have closed; 19 no longer qualify; employees at the affected plants, with a and recent blood lead data indicate that resulting increased probability of work- 11 plants are now in compliance with related injuries, illnesses, and deaths; the standard. Therefore, OSHA is and (4) sufficient transfer opportunities hereby terminating the relief to the did not exist for removed employees to following plants who earlier were be transferred to other jobs in the granted interim orders: affected plants, and extensive medical renjoval layoffs would result in greatly increased MRP costs. Based on the above. OSHA concluded that the 45 plants had demonstrated that immediate compliance with 60/40 jig/lOOg MRP removal and return trigger levels was infeasible. Each, therefore, merited a temporary variance, which was granted on January 28,1983 (48 FR 4062), Amax Lead Company of Missouri, Boss, Missouri 65440 Associated Lead, 85 Jay Street, Brooklyn, New York 11201 Bulldog Battery Corporation, 1000 Airport Road, Terrell, Texas 75160 C & D Batteries, 1835 Rockdale Industrial Boulevard, Conyers. Georgia 30207 effective until February 28,1983. C & D Batteries, Washington and Cherry The order temporarily relieved the Streets, Conshohocken, Pennsylvania affected employers of the requirement to 19428 CYWI 3-001119 Federal Register ( Vol. 49, No. 166 / Friday, August C & D Batteries, 82 East Main Street, Leola, Pennsylvania 17540 Canton Metal Alloys Company, 1551 Belden Avenue, S.E., Canton. Ohio ' 44701 F.ast Penn Manufacturing Company {Secondary Smelter). Deka Road. Lyon Station. Pennsylvania 19536 East Penn Manufacturing Company (Battery Plant). Oeka Road. Lyon Station. Pennsylvania 19536 Fry Metals, Im- r: 'y" S M Po t Pov T Que Ini Quen Par Rever of N Midi Schuyli Brool Louisrrta70S97-3918 Schuylkill Metals Corporation. Cannon Hollow Road. Forest City, Missouri 64451 Standard Industries. Nelson Road at Reliable Drive, San Antonio, Texas 78227 Taracorp Industries, 16th and Cleveland Boulevard, Granite City, Illinois 62040 Of the remainder of the 125 plants which had sought relief, 28 failed to submit sufficient data to establish need, 13 were referred to the appropriate States with approved occupational safety and health plans, and 12 are not being granted relief at this time. Four of the remaining 5 plants submitted applications in error, and one has been withdrawn. Thirty-three plants also requested relief from the 40 fig/lOOg return trigger. These plants claim that the 40 return tri"------is infeasible because the length required for blood lead levels to below 40 is longer than ted by OSHA. Their concerns ticularly on long-tenured s. Based on the evidence to ever, OSHA concludes-that re insufficient to support the feasibility. Thus, OSHA requests for relief from the 40 urn trigger. This issue is addressed in the proposal to-revise the lead porary variance requests ployer at multiple uding one or more in a tpproved occupational Ith plan, the interim order r the Federal/State eement established at 29 >). Thus, each of the a authorities having the place of red in the application granting of this interim r grants temporary from the requirement 50 p.g/100g removal iployers must vith the 60 pg/lOOg ill other provisions and must satisfy quirements of die -esses of each he grant of lows: 735 Forsyth issouri 63105 omelters Franklin Smelting & Refining Corporation. Castor Avenue East of Richmond Street, Philadelphia, Pennsylvania 19134 GNB Batteries, Inc., South 5th Street. Frisco. Texas 75034 General Battery Corporation, Spring Valley Road, Reading, Pennsylvania 19603 Gulf Coast Lead Company, 1910 N. 66th Street, Tampa. Florida 33619 ILCO, Inc., Dunnanant Road, Leeds, Alabama 35094 Inland Metals Refining Company, 651 East 119th Street, Chicago, Illinois 60628 Master Metals, IncTM 2850 West 3rd Street, Cleveland. Ohio 44113 Non-Ferrous Processing Corporation. 551 Stewart Avenue, Brooklyn, New York 11222 Sanders Lead Company, Inc., Henderson Road, Troy. Alabama 36081 Seitzinger, Inc., 900 Ashby Street, NW.. Atlanta, Georgia 30318 Tonolii Corporation, R. D. #1, Route 54, Nesquehoning, Pennsylvania 18204 Battery Manufacturers Abex Corporation, Bronze and Alloy Division, Route 19 (Baldwin Street Extension), Meadville. Pennsylvania 16335 Battery Manufacturing Company, fnc.. 804 South Dixie, West Palm Beach. Florida 33401 Exide Corporation, 303 Water Street. Logansport, Indiana 46947 Exide Corporation, 2510 North Boulevard, Raleigh, North Carolina 27604 Exide Corporation, 2001 Lee High Street, Allentown, Pennsylvania, 18103 Exide Corporation, U.S. Highway 15, Sumter, South Carolina 29150 Exide Corporation, 1222 18th Street, Racine, Wisconsin 53403 GNB Batteries IncTM 11331 Satellite Boulevard, Orlando, Florida 32809 GNB Batteries Inc., West Station Road, Kankakee, Illinois 60901 GNB Batteries Inc., 2800 Carroll Avenue, Lynchburg, Virginia 24508 General Battery Corporation, 250 Grand Street, Hamburg, Pennsylvania 19526 General Battery Corporation, Spring Valley Road, Reading, Pennsylvania 19603 K W Battery Company, 3555 Howard Street, Skokie, Illinois 60076 Miami Battery Manufacturing Company, 11100 N. W. South River Drive, Miami, Florida 33178 New Castle Battery Manufacturing Company, 3601 Wimington Road. New Castle, Pennsylvania 16105 Prestolite Battery Division, 4700 Fifth Street Highway, Temple, Pennsylvania 19603 Red Diamond Battery Company, Route 6, Box 828. Garland County Industrial Park, Hot Springs, Arkansas 71901 Other Industries '.4000 ' vVHIvwMDQI Illinois 60823 Associated Lead, IncTM 2545 Aramingo ' Avenue, Philadelphia, Pennsylvania 19125 Eagle-Picher Industries, IncTM Post Office Box 550, Joplin, Missouri 64802 Hamilton Brass & Aluminum Casting Company, Eighth and Chestnut Streets, Hamilton. Ohio 45011 CYWI 3-001120 33760 Federal Register / Vol. 49, No, 166 / Frfday. August 24. 1984 / Notices II. Notice of Application for Temporary Variance and Interim Order Notice is hereby given that 67 primary and secondary lead smelters, lead battery manufacturers, and facilities in other segments of the lead industry submitted appropriate applications pursuant to section 6(b)(6)(A) of theOccupational Safety and Health Act of 1970 (84 Stat. 1596; 29 U.S.C. 655), 29 CFR 1905.10 and the Secretary of Labor's Order No. 9-83 (48 FR 35736) for a temporary variance and an interim order, pending a decision on the variance, from 29 CFR 1910.1025(k)(l)(i)(D), the 50 ug/lOOg medical removal protection (MRP) trigger of the lead standard. Subsequently, the interim order was granted to 58 of the 67 plants, by letter. However, thirty-two of the 58 now no longer need relief. Of the nine remaining plants 7 will be granted the interim order today, and 2 plants no longer needed this relief. Thus, 33 plants will continue to have interim relief for the 50 ug/lOOg removal trigger. This trigger requires an employer to remove an employee from work where lead exposure is at or above 30 ug/ma action level whenever the average of the employee's last three blood sample tests or of all tests conducted over the previous six months, whichever is longer, is at or above 50 ug/lOOg. However, the employee need not be removed if the employee's last blood test is at or below 40 ug/lOOg. The requests for temporary variance are based upon the employers' alleged inability to comply with the standard because of the anticipated removal and consequent unavailability of certain employees if the 50 removal and 40 return triggers for MRP were put into effect. Essentially, the applicants made the following three-pronged feasibility argument: (1) The removal trigger would require for the first time, the removal of many supervisory, maintenance and highly skilled employees whose blood-lead levels are between 50-59 jig/lOOg. (2) The removal of the supervisory,' maintenance and highly skilled employees would be prolonged beyond OSHA's original expectation in order for their blood-lead levels to drop to the 40 pg/lOOg return level. (3) Since these employees are highly paid, occupy crucial positions and are extremely difficult to replace, placing them on MRP not only would be costly, but also would drastically reduce productivity and result in a less safe and healthful workplace. The employers have submitted data to establish their need for this relief. Submissions by each employer include: III. Summary and Explanation of the individual employee blood lead and air Interim Order Requirements lead levels; documentation of safety and health programs presently administered The primary purpose of the and enforced at the plant, e.g., respirator requirements contained in the interim and work practice programs; order is to provide significantly engineering improvements anticipated increased protection to supervisory, for implementation in the next 18 maintenance and skilled employees with months; projections for MRP removal elevated blood lead levels between 50- period; estimated costs; and specific 59 pg/lOOg who, because of this analyses of any adverse safety and variance, need not be removed from health consequences of removing supervisors, maintenance and skilled employees who have blood lead levels between 50-59 jtg/lOOg. An analysis of the blood lead data , from September 1,1982 to March 1,1983 indicate that the plants receiving relief appear to have severe problems in coming into compliance with the 50 trigger. For the 67 plants that originally required relief, the numbers alone suggest the severity of the problem. The their jobs. In the absence of this relief the employer would have to remove such employees in compliance with the 50 jig/lOOg removal trigger. Because the order temporarily denies the affected employees that particular form of protection, OSHA, in fulfillment of its statutory obligations under section 6(b)(6)(A) of the Act, mandates further safeguards in order to protect the safety and health of the affected employees from the hazards of lead exposure. anticipated removals range from a high The following is a discussion of the of approximately 100 percent of all lead individual requirements of the variance exposed supervisory, maintenance and order, including OSHA's rationale for s9JkV4i1ll4eCdU eCmliippiUlo^yCeCeOs tIoV aO liVowV* oUfi each specific provision. (if approximately 10 percent. Hamilton Paragraph 1 requires that the Brass and Aluminum Company, with the highest blood lead levels, would have to remove approximately 100 percent of its total skilled workforce. Other plants on the high side include: Miami Battery (86 percent); Steitzinger, (72 percent); NonFerrous (71 percent); ILCO, Inc. (70 percent); Eagle-Picher (63 percent); GNB's Frisco smelter and Standard employers perform blood leacTand ZPP testing bi-monthly on all employees with bloodieads over 40 ug/lOOg wholtre "exposed to lead above the 30 ug/in* aqtjpn ipvnL.Ttii requirement imposes no additional burden upon employers. Section 1910.1025(j){2) of the lead standard presently requires such monitoring. Industries (49 percent); Red Diamond (4a s ) Paragraph 2 requires that the percent); Inland Metals (40 percent). employer provide for a consultation with Among the companies having the lowest a physician every 2 months and a blood lead levels, approximately 10 comprehensive medical examination percent, are: New Castle and GNB's every 6 months (or sooner, at the Reading battery plant. 'discretion of the consulting or examining The employers certify that employees who would be affected by the variance have been notified of the applications by the employer providing copies to the employees' authorized representatives and posting copies at all places where notices to employees are normally posted. The employers also certify that physician) lor employees witfi blood leatfaverageS StKWdfift 5d-5a jig/lOOg wHo afe BOt lemoved because oi this order. By contrast the lead standard requires medical examinations and consultations annually for any employee whose blood lead level during the preceding 12 months is at or above 40 employees have been informed of their/--otg/lOOg (8 1910.1O250)(3}). right to petition the Assistant Secretary}^/ Paragraph 3 requires a written Tfortrli aa hnaeaaMrinAgn. TThkae aefmnapllaoDyAerMs ff*u, rthea*r _m>>edical opinion by kthLe,, physician a tp certify that they accept the conditions "whether the employee has a detected and requirements of the interim order, medical condition which places the which was forwarded to them by OSHA employee at increased nsk ofmaterial prior to granting this relief. impairment to health from exposureto The interim order temporarily relieves lead. Section I9io.f01!!l(kj(l)ltt| ufthe the affected employers of the lead standard already requires removal requirement to comply with the 50 jig/ of an employee from lead exposure at or lOOg removal trigger level under the lead above 30 pg/m'on each occasion when standard. As a condition of the interim a final medical determination indicates relief, employers must continue to that the employee has a detected comply with the 60/40 jig/lOOg triggers medical condition which places the and all other provisions of the standard, employee at increased risk of material and must satisfy the special conditions impairment to health from exposure to and requirements of the order. lead. To more fully implement the CYWI 3-001121 33 760 Federal Register / Vol. 49. No. 186 / Frfday. August 24. 1984 / Notices II. Notice of Application for Temporary Variance and Interim Order Notice is hereby given that 87 primary and secondary lead smelters, lead battery manufacturers, and facilities in other segments of the lead industry submitted appropriate applications pursuant to section 6(b)(6)(A) of the Occupational Safety and Health Act of 1970 ( 64 Stat. 1596; 29 U.S.C. 855), 29 CFR 1905.10 and the Secretary of Labor's Order No. 9-83 (48 FR 35736) for a temporary variance and an interim order, pending a decision on the variance, from 29 CFR 1910.1025(k)(l)(i)(D), the 50 ug/lOOg medical removal protection (MRP) trigger of the lead standard. Subsequently, the interim order was granted to 58 of the 67 plants, by letter. However, thirty-two of the 58 now no longer need relief. Of the nine remaining plants 7 will be granted the interim order today, and 2 plants no longer needed this relief. Thus, 33 plants will continue to have interim relief for the 50 ug/100g removal trigger. This trigger requires an employer to remove an employee from work where lead exposure is at or above 30 ug/m3 action level whenever the average of the employee's last three blood sample tests or of all tests conducted over the previous six months, whichever is longer, is at or above 50 ug/lOOg. However, the employee need not be removed if the employee's last blood test is at or below 40 ug/lOOg. The requests for temporary variance are based upon the employers' alleged inability to comply with the standard because of the anticipated removal and consequent unavailability of certain employees if the 50 removal and 40 return triggers for MRP were put into effect. Essentially, the applicants made the following three-pronged feasibility argument; (1) The removal trigger would require for the first time, the removal of many supervisory, maintenance and highly skilled employees whose blood-lead levels are between 50-59 pg/lOOg. (2) The removal of the supervisory,' maintenance and highly skilled ' employees would be prolonged beyond OSHA's original expectation in order for their blood-lead levels to drop to the 40 pg/lOOg return level. (3) Since these employees are highly paid, occupy crucial positions and are extremely difficult to replace, placing them on MRP not only would be costly, but also would drastically reduce productivity and result in a less safe and healthful workplace. The employers have subiqitted data to establish their need for this relief. Submissions by each employer include: 111. Summary and Explanation of the individual employee blood lead and air Interim Order Requirements lead levels: documentation of safety and health programs presently administered and enforced at the plant, e.g., respirator and work practice programs; engineering improvements anticipated for implementation in the next 18 months; projections for MRP removal period; estimated costs: and specific analyses of any adverse safety and health consequences of removing supervisors, maintenance and skilled employees who have blood lead levels between 50-59 pg/lOOg. The primary purpose of the requirements contained in the interim order is to provide significantly increased protection to supervisory, maintenance and skilled employees with elevated blopd lead levels between 5059 pg/lOOg who. because of this variance, need not be removed from their jobs. In the absence of this relief the employer would have to remove such employees in compliance with the 50 pg/lOOg removal trigger. Because the order temporarily denies the affected An analysis of the blood lead data ' from September 1,1982 to March 1.1983 indicate that the plants receiving-relief appear to have severe problems in coming into compliance with the 50 trigger. For the 67 plants that originally required relief, the numbers.alone suggest the severity of the problem. The employees that particular form of protection, OSHA, in fulfillment of its statutory obligations under section 6(b)(6)(A) of the Act, mandates further safeguards in order to protect the safety and health of the affected employees from the hazards of lead exposure. anticipated removals range from a high The following is a discussion of the of approximately lOO percent of all lead individual requirements of the variance exposed supervisory, maintenance and order, including OSHA's rationale for skilled employees to a low of ^--each specific provision. approximately 10 percent. Hamilton W Paragraph 1 requires that the Brass and Aluminum Company, with the highest blood lead levels, would have to remove approximately 100 percent of its total skilled workforce. Other plants on the high side include: Miami Battery (86 percent); Steitzinger, (72 percent); NonFerrous (71 percent); ILCO. Inc. (70 percent); Eagie-Picher (63 percent); GNB's Frisco smelter and Standard employers perform blood lead and ZPP testing bi-monthly on all employeeswith blood leads over 40 pg/lOOg wholire exposed to lead abnvp the 30 ug/m3 Ipval-Tbi. rpquirpmgnl impncaa no additional burden upon employers. Section 1910.1025(j)(2] of the lead standard presently requires such monitoring. Industries (49 percent); Red Diamond (4a s Paragraph 2 requires that the percent); Inland Metals (40 percent). employer provide for a consultation with Among the companies having the lowest a pnhvysici'an every 2 mont'hs and a blood lead levels, approximately 10 comprehensive medical examination percent, are; New Castle and GNB's every 6 months (or sooner, at the Reading battery plant. giscretton oi the consulting or examining The employers certify that employees physician) lor employees with blood who would be affected by the variance have been notified of the applications lead averages betwetth 6U-59 pg/lOOg 'wEo not removed because ot this"* by the employer providing copies to the order. By contrast the lead standard employees' authorized representatives requires medical examinations and and posting copies at all places where consultations annually for any employee notices to employees are normally whose blood lead level during the posted. The employers also certify that preceding 12 months is at or above 40 employees have been informed of their r--^g/100g (j 19l0.1025(j)(3)). right to petition the Assistant Secretary}^?/ Paragraph 3 requires a written flAohr aa bHeaaarninnga. TTVhea AemtnpnllioMyiear*s* ffunrtkhea *r medical opinion Uby. ttVhe. _pLh.y..s-- iHan-- in certify that they accept the conditions "wQether the employee has a detected and requirements of the interim order, which was forwarded to them by OSHA prior to granting this relief. medical condition which places the employee at increased risk of material impairment to health from exposureto The interim order temporarily relieves lead. Section 1910 IP25(k)TiHii) ufthe the affected employers of the lead standard already requires removal requirement to comply with the 50 pg/ of an employee from lead exposure at or lOOg removal trigger level under the lead above 30 pg/m3 on each occasion when standard. As a condition of the interim a final medical determination indicates relief, employers must continue to that the employee has a detected comply with the 60/40 pg/lOOg triggers medical condition which places the and all other provisions of the standard, employee at increased risk of material and must satisfy the special conditions impairment to health from exposure to and requirements of the order. lead. To more fully implement the CYWI 3-001122 1 VI? Federal Register / Vot. 49, No. 166 / Friday, August 24, 1984 / Notices 33761 ji preventive aspects of the medical employees. OSHA has concluded that , employee has a detected medical '__ consultations and examinations ' the data will assist in determining the condition which places the employee at /^4-j required by this order. OSHA is applicant's compliance with the lead increased risk of material impairment to V requiring the physician's written standard and terms of the variance health from exposure to lead. medical opinion alter each visit. This ^--order. (a) if the employee is determined to paragrapTTalso requires the employer td /.0 J Paragraph 9 requires that the have such a condition, the employee submit tcTDSHA after each consultation 'employer agree to USRA-fpr. where shall be removed from work having an arid medical exammatiooZa written relevant.^Tafel~negtth~gnd~safety . exposure to lead at or above 30 pg/m3: sfatementiroro (He physician concerning inspecTtons related ttriTsTemporary or. eJcrTaTfer.ied employee who need not be variance. OSHA, in granting this relief, (b) if the employee is determined not moved fromhiTorber|ob, staljngjSjt >t must be assured that it can readily to have such a condition, the employer is medically appropriate for the monitor compliance with the shall submit to the Office of Variance employee to continue to worat his or requirements of the order. Determination a written statement from her present ioh..This requirement will enable OSHA to monitor compliance IV. Grants of Interim Order the physician stating that it is medically appropriate for the employee to continue with this provision. It appears from the applications and to work at the employee's present job. Paragraph 4 requires the employer to supporting data that temporary (4) Employers shall remove each remove an employee with blood leads at variances are likely to be granted to the employee with blood lead levels at or 60 ug/lOQg or above to areas where lead exposure is below 30 pg/m*, and allows the employer to return the employee vThen the blood lead level lias diminished to 40 ug/lOOg or below. This is already required by the lead standard (Paragraphs (k)(l)(i)(C) and (k)(l)(iii)(A)(3)). (D Paragraph 5 requires that the employer provide OSHA with the name. jbo ciassilication, and position of each 'employee who is subject to MRP as a Tisuit of either a blood ,oor> Q> " * "above 60 ug/lOOg, or the recommendation of the examining physiciamjlequiring this data will ehablefOSHA to confirm employer compliance with the applicable removal Q provisions of the lead standard. Paragraph 6 requires fuil-shift respirator usage for employees with blood lead levels at or above 50 ug/lOQg. who are working m areas with air lead above listed 33 plants. The interim order is necessary to prevent undue hardship to the employers and their employees pending decision on the variance. Therefore, it is ordered, pursuant to the authority in section 6(b)(6)(A) of the Occupational Safety and Health Act of 1970. in the Secretary of Labor's Order No 9-83 (48 FR 35736), and in 29 CFR Part 1905, that the 33 plants listed above are hereby authorized to comply with, the requirements of the interim order set forth below, with respect to their lead exposed supervisory, maintenance and skilled employees, in lieu of complying with 29 CFR 1910.1025(k)(l)(i)(D). All other provisions of the lead standard are unaffected by this order and therefore must be complied with in conjunction with the terms of this order. The conditions and requirements of the interim order are enumerated below: (1) As presently required by 29 CFR about 60 pg/'tOOg and return the employee when the employee's blood lead level is at or below 40 ag/l00g in accordance with the provisions of 1910.1025(k)(l)(i)(C) and 1910.1025(k)(l)(iii)(A)(3) of the lead standard. (5) The name and job classification of each employee on MRP and the area where the employee is assigned shall be submitted to die Office of Variance Determination each time an affected employee is placed on medical removal protection as a result of either a blood lead level at or above 60 pg/lOOg or the recommendation of a physician. (6) For employees with blood lood levels at or above 50 pg/lOOg who nrn working in orn.ns with nlr-limd l/wil* nl or above 30 pg/m*. respirator usage shall be mandatory during the entire workshift. (7) For all employees with blood lead I levels at or above 30 ug/mJ. and who, ''because of thisjrderj are not,removed.^ 1910.1025(0(2) of the lead standard, employers shall perform blood lend and levels between 50-59 jty/lOOg, who need not bo removed under the term* of Ihn shift respirator usage at or above the 30 fig/m3 action level, in lieu of the more limited respirator usage at or above the' 50 pg/m3 permissible exposure limit required by 1910.1025(e)(2) of the lead standard, will provide increased protection to these employees. Paragraph 7 requires that the employer make an immediate'inspection and evaluation of the work conditions and practices~breiYlplgyees with blood leacTTeveis between 50--S9 ug/lOOgwho need not b r?rPnve>H ""dpr thjg order, andJake aUnreasonable and appropriate corrective steps necessary to reduce ernployelTlead-sbsorption. This paragraph also requires the employer to make periodic inspections and evaluations of the work conditions and practices until the affected employees blood lead levels are below 50 pg/lOOg. Paragraph 8 requires that the pmjrWei-pfSvide OSHA wltHTflopd leSarZPPTand air lead data as acrmntrtated bi-monthly for alt skilled zinc protoporphyrin (ZPP) tests every two months on each employee whose last blood test indicated a blood lead level at or above 40 jxg/lOOg and who is . exposed to lead above the 30 pg/m3 action level. (2) For employees whose last three blood tests or all blood tests for the previous six months (whichever is longer) average 50 pig/lOOg or above who work in jobs having airborne lead exposure at or above 30 pg/m* and who need not be removed because of this order, the employer shall provide: (a) A personal consultation with a licensed physician every two months; and. (b) A comprehensive medical examination by a licensed physician every six months, or sooner, as determined by a physician. (3) After each personal consultation and comprehensive medical examination, the physician shall make a written medical determination as to whether the order, the employer shall make immediate inspections and evaluations of: (a) The lead-related work practices affecting the employees; (b) The employee's respirator usage; (c) The use and availability of hygiene facilities, and the employee's relevant personal hygiene habits: and. (d) The existing engineering controls, to determine whether they are maintained properly to ensure that such controls do not have an adverse effect on the employee. Based on that inspection and evaluation, the employer shall take all reasonable and appropriate corrective steps in these regards to reduce the employee's absorption of lead. The employer shall submit to the Office of Variance Determination a written report (within 45 days after the effective date of this order) documenting when and where the evaluation took place, any corrective actions that were necessary. CYWl 3-001W3 33762 Federal Register / Vol. 49, No. 166 / Friday, August 24, 1984 / Notices and the name and job classification of the affected employee. Periodic inspections and evaluations shall be conducted until the employee's blood lead level is below 50 pg/lOOg. (8) For the duration of the interim order, the employer shall submit to the Office of Variance Determination every two months blood lead. ZPP. and air lead data as accumulated for all skilled employees. (9) The employer shall agree to allow OSHA or, where relevant. State safety and health officials to inspect its facility in connection with this variance application and this interim order. e f f e c t iv e d a t e : This order became effective for the following 21 plants on September 2,1983: American Cyanamid Company Associated Lead, Inc. (Philadelphia, PA plant) Battery Manufacturing Company, Inc. Eagle-Picher Industries, Inc. Exide Corporation (2 plants) Allentown, PA plant Sumter, SC plant Franklin Smelting and Refining Corporation GNB Batteries Inc. (4 plants) Orlando, FL plant Kankakee, IL plant Frisco, Texas--Secondary Smelter Lynchburg, VA plant General Battery Corporation [3 plants) Hamburg, PA plant Reading, PA--Secondary Smelter Reading. PA--Battery Manufacturing plant Gulf Coast Lead Company Hamilton Brass & Aluminum Casting Company Master Metals New Castle Battery Manufacturing Company ''X. Seitzinger, Inc. ..... St. Joe Lead Company Tonolli Corp'oration This order became effective for the following 5 plants on October 17,1983. Exide Corporation (3 Plants) Logansport, IN plant Raleigh. NC plant -. Racine, WI plant ILCO. Inc. K W Battery Corporation This order shall become effective for the following 7 plants on August 24, 1984. Abex Corporation Inland Metals, Inc. Miami Battery Manufacfuring Company Non-Ferrous Processing Corporation Prestolite Battery Division Red Diamond Battery Company Sanders Lead Company The above 33 plants shall give notice of this grant of interim order to all affected employees by the same means required to be used to inform them of the application for variance. The Assistant Secretary may revoke this order at any time if the employer does not comply with any requirement of the order or the relevant standards, or if other information indicates that revocation of the interim order is warranted. Unless revoked, the interim order will remain in effect until a decision is made on the applications for variance. Copies of the applications for variance will be made available for inspection and copying upon request at the locations listed above. A!! interested persons, including employers and employees, who believe they would be affected by the grant or denial of the applications for variance are invited to submit written data, views, and arguments relating to the applications no later than September 24,1984. In addition, employers and employees who believe they would be adversely affected by the grant or denial of the variance may request a hearing on the application no later than September 24, 1984, in conformity with the requirements of 29 CFR 1905.15. Submission of written comments and request for a hearing should be in quadruplicate and must be addressed to the Office of Variance Determination at the above address. Signed at Washington, D.C. this 20th day of August, 1984. Robert A. Rowland, ' Assistant Secretary ofLabor. |FR Doc. Si-22548 Filed 8-2S-84: 8i4S >m) BILLING CODE 4S10-M-M NUCLEAR REGULATORY ____-- COMMISSION -------- Advisory Committee on Reactor . Safeguards; Meeting In accordance with the purposes of sections 29 and 182b. of the Atomic Energy Act (41 U.S.C. 2039. 2232b.), the Advisory Committee on Reactor Safeguards will hold a meeting on September 8-8,1984, in Room 1046,1717 H Street, NW, Washington, DC. Notice of this meeting was published in the Federal Register on July 20,1984. The agenda for the subject meeting will be as follows: Thursday, September 6,1984 8:30 a.m.-8:45 a.m.: ACRS Chairman is Report (Open}--The Chairman will briefly report on items of current interest. 8:45 o.m.-10:45 a.m.: USNRC Backfitting Requirements (Open)--The members will hear and discuss reports of its Subcommittee and representatives of the NRC Staff regarding the proposed . final NRC Program for Mangement of Plant-Specific Backfitting of Operating Power Plants (NRC Manual Chapter 0514). 10:45 a.m.-12:30 p.m.: Consideration of Class 9 Accidents (Open)--The members will discuss proposed comments regarding the severity and frequency of severe nuclear power plant accidents. 1:30 p,m.-3:30 p.m.: Categorization of - Generic and Licensing Issues Regarding Their Application to Standardized Nuclear Plants (Open)--The members will hear and discuss reports from its Subcommittee and representatives of the NRC Staff regarding proposed categorization of generic and licensing issues as applied to standardized nuclear plants. 3:30 p.m.-4:30p.m.: Recent Operating Experience (Open)--The members will hear reports from members of the NRC Staff regarding recent events and occurrences at nuclear power plants. Portions of this session will be closed as necessary to discuss Proprietary Information applicable to the (natters being discussed. 4:30 p.m.-5:30 pun.: ACRS Subcommittee Report (Open)--The members will hear and discuss the report of its Subcommittee regarding consideration of an independent board to investigate/evaluate nuclear power plant incidents/accidents. 5:30 p.m.-6:00p.m.: Future A CRS Activities (Open)--The members will discuss anticipated ACRS Subcommittee activities and proposed items for consideration by the full Committee. Friday, September 7,1984 8:30 a.m.-9:39 a.m.: Meeting with NRC Executive Directorfor Operations (Open)--Discuss items of mutual interest, 9:30 a.m.-12:30 p.m. and 1:30p.m.-3:30 p.m.: Millstone Nuclear Power Station, Unit 3 (Open)--The members will hear and discuss reports of its Subcommittee, members of the NRC Staff, and representatives of the applicant regarding the request for an Operating License for this facility. Portions of this session will be closed as necessary to discuss Proprietary Information applicable to this plant and information which involves detailed security arragements for this station. 3:30p.m.-5:00p.m.: Selection ofNew Unresolved Safety Issues (Open)--The members will hear and discuss reports of designated ACRS Subcommittees and representatives of the NRC Staff CYWI 3-001124