Document rBbd5OEYnVydgD7ZKzx3a45av

TO: R.H. Vining Ht A Jjr.g*n. T.L. Lyall O.M. Favorlto H.C. Duecker V.&. Wright B.E. Schneider F.G. Serafln R.A. Kulberg FROM: H.A. Eschenbach CAMBRIDGE WRG UUU'lJO I PLAINTIFF'S | EXHIBIT i HwRG^66i DATE: June 13, 1972 JUN 13 1972 cci?:...^iuii3l/iicTSDjyisiOH H, A. B. Attached is the new OSHA Asbestos Standard. It is a rather unusual document. In that, they have taken tvo pages to try to explain the rationale for the provisions of the standard. The standard is going to require many changes, especially In relation to physical examinations, labeling, and perhaps some operational techniques. Apparently, the asbestos situation vlll be under continual review and changes made as necessary. Great Britain has begun to differentiate between types of asbestos with regard to health hazard and Indications are that OSHA any go this way as knowledge concerning asbestos is further developed. 1 %t  Mtu ktUULAllONS ' |TD. 73-ISl| PAtT 10--AiTIClES CONDITIONAltY FREE. SUBJECT TO A REDUCED KATE, ETC Er*t Withdrawal af Supplies and Equipment far Aircraft In accordance with section 309(d). Tariff Act or 1930. as amended <19 XJ&.C. 1309(d) >. the Department of Commerce has found and under date of April 33. 1972. has advised the Treasury Depart* meat that Poland allows privileges to aircraft registered In the United States asd encaged in foreign trade substan tially reciprocal to those provided for In sections 309 and 317 of the Tariff Act of 1930. as amended (19 U.S.C. 1309. 1317). The came privileges are therefore hereby extended to aircraft registered In Poland and engaged in foreign trade effective as of the date of such notification. Accordingly, paragraph (f) of f 10.59. customs regulations. Is amended by the Insertion of Poland In appropriate al phabetical order and the number of this Treasury decision In the opposite col umn headed Treasury Decision (s)" la the list of nations la that paragraph. (tm. aoe. I17. n. 4* sut. SSO. m amended. M. as aaeaded. 7tt; If DSC. MOO. 1117. MM) Isxax.) Sews* P. hun, Acting Commiuioner of Custom*. Approved: May 23.1973. BKm T. Rossocs, Assistant Secretary of tfu Treasury. |MI DOC.73-U7I Piled am) Title 29--IAB0H Chapter XVII--Occupational Safety and Health Administration, Depart ment af Labor FART 191D--OCCUPATIONAL SAFETY AND HEALTH STANDARDS Standard for Exposure to Asbestos Dust On December 7. 1971, an emergency temporary standard concerning exposure to asbestos fibers was published in the Fxncasa Racism (30 PJt. 33207). In ac cordance with section <(e) (3) of the Wil liams-Steiger Occuptalonal Safety and Health Act of 1970. a notice of proposed rulemaking regarding a permanent standard for exposure to asbestos fibers was published in the Freswu. RcciXTsa on January 13. 15/2 <37 PJt. 409). 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 oh Asbestos Dust was established and requested to make writ ten recommendations with regard to the proposed standard on asbestos. On or about February 1. 1973. the Department of Health. Education, and Welfare trans mitted to the Secretary of Labor a cri teria document containing Recommenda tions for an Occupational Exposure Standard for Asbestos by the National InsUtulc (or Occupational Safely and Health (NIOSH). Public notice was given of the receipt of the recommendations and their availability for inspection and copying. On or about February 35. 1973. ths Advisory Committee on Asbestos Dust submitted its written recommendations to the Assistant Secretary of Labor for Occupational Safety and Health. Pursuant to the notice of rule making, a hearing waa held on March 14 through 17.1972, for the purpose of receiving oral data, views, and arguments concerning the proposed standard. Ob or about March 31.1973. the presiding hearing ex aminer certified to the Assistant Secre tary of labor for Occupational Safety and Health the record of the proceeding. The record Includes prehearing written comments, a transcript of the oral pres eatations* made at the hearing, and nu merous exhibits received during the course of the hearing or within the pe riod allowed after the close of the bearing. The proposed standard dealt with (1) permissible concentrations of asbestos fibers: (2) methods of compliance; (3) warning signs; (4) monitoring: (5) med ical examinations; and <<) recordkeep ing. Each of these major proposals alie ned commaU. arguments, objections, and counterproposals. They all have been examined and considered. 1. Acceptable concentration of asbes tos dust. The proposed standard would limit occupational exposure to 9-hour time-weighted average (TWA) airborne concentrations of asbestos dust not ex ceeding five fibers longer than five micrometers per mUUllter. Concentra tions above five fibers but not to exceed 10 fibers (celling concentration) would be permitted up to 13 minutes In an bow, but for not more than 5 hours In any one l-hour day. - NIOSH in effect has recommmded that Urn five-fiber TWA and 10-fiber peak concentrations be permitted only lor 3 yean; thereafter, TWA concentra 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 end counterpro posals have been made, with regard to both the limits of asbestos fiber concen trations and the time periods to comply with them. Some, for example, have rec ommended return to a 12-fiber standard of an earlier day; la., a level adopted under the Walsh-Healey Fublle Con tracts Act In 19C9. Others have recom mended a two-fiber standard to become effective In f months, then a ooe-fiber standard for 3 years, and finally a serofiber standard alter 3 years. These rec ommendations give a fair indication of the wide spread of the counterproposals. No one has disputed that exposure to asbestos of high enough Intensity and long enough duration is causally.related to asbestests and cancers. The dispute Is as to Ute determination of a specific level below which exposure la safe. Various studies attempting to establish quantita tive relations between specific levels of exposure to asbestos fibers and the i pear*nee of adverse biolocical minih talions, such as asbeslosi*. lunc cwnct and mesothelioma, have given rue controversy as to Ute validity ol L messurine techniques used and the rch blllty of the relations attempted to established. Because of the long lap of line between onset of exposure nr biological manifestations, we have nc evidence of the consequences of exposur but we do not have. In general, accura measures of (he levels of exposure o muring 30 or 30 years ago. which bs' given rise to these consequences. The: are also controversies concerning U relative toxicity of the various kinds < asbestos, and varying hazards Is Cl: ferent workplaces. Zt Is fair to aay that the controvert has centered In the area between a nrc fiber TWA concentration and five-fib* TWA concentration, with variations o the time needed for compliance. Man: employers support a five-fiber TWA Most medical opinion Is divided betwre: a two-fiber standard and a five-fib* standard. Za view of the undisputed grave con sequences from exposure to asbesta fibers, it Is csscnlltl that ths exposure lx regulated now. on the basis of the bey evidence available now. even though H may not be as good as scientifically de sirable. An asbestos standard can be re evaluated la the light of the result* of ongoing studies, and future studies, but cannot wait for them. ZJvas of employees are at stake. Zt Is concluded that them should be ono minimum standard of exposure to asbestos applicable to an workplaces ex posed to any kind, or mixture of kinds, of osbssiot. Reasons of practical ad ministration preclude a variety of stand ards for different kinds of asbestos and of workpieces. Also, white the evidence tends to shew that crocJdoUte. for in stance. Is mon harmful than chrysolite, the evidence Is not sufficient to establish separate standards for varieties of 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: beesuse It appears that levels of exposure which may be safe with regard to asbestos!* are not safe with regard to mesothelioma: be cause the statute requires the protection of every employee, even of one who may have regular exposure to asbestos during a working life which may reach, or even exceed. 40 years: and because of several other considerations which have been urged and are reflected M tile fecovd of the proceeding, the conflict in the medi cal evidence Is resolved In favor or ths health of employees. As of July 1. 1979. TWA concentrations of asbestos fibers longer than S micrometers will not be allowed to exceed two flbers/ce.. with a ceiling value of 10 flbers/cc. The current TWA concentrations of five fibers, and nPICAl MCinit, VOL 37. NO. no--WIONtSOAY. JVNf 7. 1972 ( `P- L la- be pac >nd ow ire. ate oc- ITt ere lh of Ui- rsy rober on my 7A. ten ber ooZoe i ba cat i tt dertof but l v. exd*. ididrnd ooa tn- U, liii of an* of >Uy use esaJaexan be not beion tar ln ren r%l ecn l of 41. j j i 1 | RULES AND REGULATIONS 1 LI crlllnc coneentratloos of 10 flbers/ec. -HI be permitted until July I. H7. dur ing -hat will be a transitional period deemed necessary to allow employers to maka the needed chances for comlnc into compliance with the more strincent standard. The record shoes that the many work operations subject to the Uncle asbestos standard (textile, manufacturing Indus* Ifni, and marine Installation, etc.) will BKtt nrylni decrees of difficulty In complyini with the standard. In some plants, extensive redesien and relocaUoa of equipment may be needed. It ap pears. however, the delay In the effective date of the two-flber standard will pro vide all employers a reasonable time to comply. At the same time, so long as the ceiling limit Is compiled with, no harm Is reasonably expected to result from ex posures during the transitional period. 2. Methods of compliance. It has been pointed out by many persons, that pro tection against asbestos fibers Is best obtained by controlling the generation of fibers first, and secondly, by controlling the dispersion of released fibers Into the ambient air of the workplaces. Therefore, the standard requires feasible techno logical controls and appropriate work practices as the primary.means of com pliance. Rotation of employees as a way of meeting the TWA concentration re quirement is allowed only In stated ex ceptional circumstances, because, as a general rule, it would be difficult to Im plement. Persona] protective equipment, such as respirators, cannot bo relied upon because, among other reasons, they may be so uncomfortable as to be bur densome, except for short periods of time. Therefore, it Is expected that res pirators and shift rotation trill be used during the period necessary to Install en gineering controls and to train employ ees In sound work practices, but, after technological compliance has been achieved, their use must be limited to special work situations and emergencies. Where both are practicable, shift rota tion is required. 9. Labeling. The proposed standard topped short of requiring labeling as bestos and asbestos-containing products. The proposed standard would have re quired only warning signs at locations where asbestos hazards are present. However, labeling, rather than warning rtgns. has proved to be a point of con troversy. Both NIOSH and the Advisory Committee on Asbestos Dust recom mended labels for asbestos products and containera. and these recommendations became very controversial in the course ol *he proceeding. Many counterpro proposals have been made as to the Iannuage of the warning as well as to the products to be subject to the labeling requirements. Employers, in general, strongly contend that (X) finished prod uct* which effectively entrap asbestos fibers, to that these would not be released in the normal use ol the products, should not be required to be labeled: and (21 words such as ''dancer" and "cancer" are unwarranted]? alarmlag. Both contentions have merit, and the standard has 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 snd reliability of meas uring Instruments, frequency of moni toring. and conditions In which monitor ing should be required. The. adopted standard takes the objections Into con sideration. It requires periodic monitor ing at intervals no longer than C months, thus allowing considerable time and dis cretion. and prescribes the use of the membrane filter method, which is an ac ceptable method for determination of asbestos fibers. It has also been recommended that employees or their representatives should have an opportunity to observe the monitoring. The recommendation has been accepted. 5. Medical examinations. The pro posed standard would only require an appropriate medical examination on a periodic basts. The generality of the pro posal has attracted many objections and also many helpful comments. The recom mendations of NIOSH and of the Advi sory Committee oo Asbestos Dust war* much more specific with respect to both frequency and type of medical examina tions to be required. The comments vary as to the class of employees to bo ex amined and as to the frequency of the The adopted standard requires medical examinations both at the beginning and the termination of employments exposed to concentrations of asbestos fibers, and also requires annual medical examina tions of every employee exposed to air borne concentrations of asbestos. Xt has been pointed out that In certain indus tries. such as construction, an employee may work for several employers during the same year. Accordingly, the standard does not require either preemployment, or termination, or periodic examinston of any employee who has been examined In accordance with the standard within the past year. One question which has been raised goes to whether the employer or the or ptoyeo should be allowed to choose the examining pliysiclan. The standard gives the option to the employer. Since some employers already have a medical examination program In operation, and, also, have medical departments with some expertise la the diagnosis of sbestos-related diseases. It seems more reasonable to permit them to utilise the present programs and expertise, than to permit an employee to Choose a private genera] practitioner. 4. Records. The standard, as prop* and as adopted, requires mauuenone records of monitoring and of mcc examinations. Most of the controvert this area has revolved around the O' tlon whether an employer should be lowed to have access to the result! the required medical examinations. ' apprehension of those who have arg against employer access Is based on expectation that some employers will the medical examinations as a mean, screening employment applicants. i worse, as grounds for discharging curr employees, who show signs of being fcctcd by exposure to asbestos. Since purpose of the medical examination to monitor the health of employees posed to the hazards of abestoa. ployces cannot In reason be granted privilege of refusing to disclose to t) employers results of occupational ex sure. It does not make sense to reqi employers to provide medical cxacrvL Uoos If they cannot know and use results of the examinations. For th reasons the standard provides that e ployers may haws a restricted access some medical information. On the ether hand, there it no tab tlon to allow employers to abuse medi Information obtained pursuant to i Act, to the detriment of employ* Therefore, tbe administration of i medical records requirement will closely watched, and. In cases of abt appropriate action win be considered. The Issues discussed above are bdin to be the major ones. Numerous other sues have been raised in the nilemaki proceeding*. Some have been referred taddartaUr. Many recommendations.: Instance, about work practices, are obviously meritorious that their ad< Uon needs no exposition here. OU rorommendsUoos and many objectic have not been adopted for o variety reasons which should be manifest. 8* eral, for instance, have recammenc the use of respirators only pursuant h variance, or In cases of emergency a occasional short-term exposures. T recommendation with respect to va anees undoubtedly has many nth but Is considered admlnistraUvely L practical. Aeeordtngly. after consideration of l whole record of the proceeding, a pursuant to sections I <b) and (c) a (c) of the WUUenu-Stelger Occur Uonol Safety and Health Act of 1*1 < 8UL ISM. 1SH. ISM; 2S VS.C. 6 6Si). 2S cm 1919.4. and to Secretary Labor's Order No. 12-TI (36 PJL g7S- Part 1910 of Title 39 of the Code of Pc eral Regulations la amended as set for below. U> Bectlon 1919J3 Is amended by i vising Table 0-3 to read as follows: aa ent | md : i! 11320 RULES AND REGULATIONS | 1910.93 Air tvnUminanM. Tua 0 1 >imu Dim MppW Mc/M* C(nWiUtHa h(rrwptnbW)......... dwti (fetal dart) CitMOb: VkHUk *Mm caitalaita **> Ika ml m mm Iwmwlat tar Infant: Um H b* *lJsa akakiH 1m itt tm- <ka tar aiwU. Amrrlwa*. Mrto4ln( aaiaia) lliiaifm avis.......... tag' *S)CMS W NmtW* *S3B10*/4M-1> %0rM mmiNP Oala Oa thaa 1% ar UJHnt aucaj: lanM arawaa................. OrapbHr (Mlural)............. Caat daw (mpliabtr Oaeitae ha ttata *% StOi)............... la an tkaa *S UOi.......... Iiart Nataaaea Dart: TInMlnt bMla_k_a_u_n______ S*DB SUO X*m*/hO ar %SKM-1 U taraOO Ihaa/ll* tapprfXrtJ-aiim-- parUctar p aiMa aiur Httlrls nrtA * UtBlm W panictn prr mbit tart at air. band aa bapUff* ataiplrt maud by Uki-rM Inbatat. Tha kawalaa af crmalUM alba la Iba taimata ta Iba aiaaaal drfermiwd bam ab-bara* tampAa. Oaafl Ia thaaa (arlanra M vbfcb aUa axthada baaa baaa abaaa la ba aopltaabta. i Aa Aalarailnad kj iba mrmbiaaa filler maOiad rt AM X *baa* aaniraal aucaUioltan. Path aanrmirattaa and paacaal oaarta tar Ota aapMaaltan af Ihb ball ara a bt tfnrrsuard baa *aa banIan paalng a ilir aabtiar allb Iba taUaalat abarart trbllrr (Mi! tOMltjr n+ftt) frMpjrti| s e as as Is* imMs Tba maavarrmrvila aodrr Ihb nott irbr la tha aa rt aa ACC Iniuvaimt. II Ihr rr-ptrehl* Iradian rt anal dad b drtrrmlnad with a IIKF. Hit frurr aarmpamSina Is that rl 14 UcAI> ta Iba UUa lar aaal dun b 4J Mc/M*. 3. A near 11910J3a Is Added to Part 1910. reading u lollow*: f 1910.93a Aaheaiba. (a) Dt/lnttiems. For the purpoee at Ihb aectloo. (1) "Asbestos" Includes chrysotlle. amaslto, croddoUte. tremoUU. anlhophyllite. and actinollto. (3) "Asbestos fibers" means asbestos fibers longer than S micrometers. (b) Permissible exposure to airborne concentrations a/ asbestos fibcrt--tl> Standard -elective July 1. Jtft.-The 9-hour lime-weighted average airborne concentrations of asbestos fibers to which any employee may ba exposed shall not exceed five fibers, longer than * micrometers, per cubic centimeter of air. as determined by the method pre scribed In paragraph <e) of UUs section. 13) Standard elective July 1. lift. The 9-hour time-weighted average air borne concentrations ol asbestos fibers to which any rmployec may be exposed shall not eiceed two fibers, longer than 9 micrometers, per cubic centimeter of air, as determined by the method pre scribed In paragraph <e> of thb section (3) Ceiling concentration. No em ployee shall be exposed at any time to airborne cencentraUons of asbestos fibers In excess of 10 fibers, longer than S micrometer*, per cubic centimeter of air, as determined by the method pre scribed In paragraph (e) of this section. <c> Method* of compliance--(1) En gineering methods. II) Engineering con trols. Engineering controls, such ms. but not limited to. isolation, enclosure, ex haust ventilation, and dust collection, shall be used to meet the exposure limits prescribed In paragraph (b) of this section. ill) local exhaust ocntQation. (a) Local exhaust ventilation and dust col lection systems shell be designed, con structed. Installed, and maintained In accordance with the American National Standard Fundamentals Governing tha Design and Operation of Local Exhaust Systems. ANSI 291971. which Is in corporated by reference herein. ib) See 11910.9 concerning the avail ability of ANSI 29.3-1971, and tha maintenance of a historic fils in connec tion therewith. The address of the Amer ican National Standards Institute la given In 11910.100. (Ill) Particular tools. All hand-op erated and power-operated tools which snay produce or release asbestos fibers In excess of tha exposure limits pro scribed in paragraph <b> of this section, such as. but net limited to. saws, scorers, abrasive wheels, and drills, shall be pro vided with local exhaust ventilation sys tems In accordance with subdivision (11) of this subparagraph.. O) Work practice*--(1) Wet method*. Xbiofa? u pnettetbtee iibcius ttwii be handled, mixed; applied, removed, cot, scored, or otherwise worked In o wet state sufficient to prevent the emission of airborne fibers In excess of the ex posure limits prescribed in paragraph (b) of this section, unless the usefulness of the product would be diminished thereby. ill) Particular product* and opera tion*. No asbestos cement, mortar, coat ing. grout, plaster, or similar material containing asbestos shall be removed from bags, cartons, or other containers In which they ore shipped, without being either welted, or enclosed, or ventilated so as to prevent effectively the release of airborne asbestos fibers ia excess of the limits prescribed la paragraph (b) of this section. (Ul> Spraying, demolition, or removal. Employees engaged III the spraying of asbestos. the removal, or demolition of pipes, structures, or equipment covered or Insulated with asbestos. and ta tha removal or demolition of asbeatoa In sulation or coverings shell be provided with respiratory equipment In accord ance with paragraph (d)(3) (111) of thta section and with special clothing In ac cordance with paragraph (d)(3) of this section. (d> Pertonal protective eqvipmr (I) Compliance with the exposure U. prescribed by paragraph (b) of this tlon may not be achieved by the us respirators or shift rotation of ployees. except: (I) During the Ume period ncceu to InsbiU the engineering controls i to Institute the work practice* rrqu; by paragraph (c) of this section; (It) In work situations In which methods prescribed In paragraph (c) this section sre either technically feasible or feasible to an extent Insu dent to reduce the airborne concent, tloru of asbeatoa fibers below the Urr prescribed by paragraph (b> of t section: or (til) In emergencies. (tv) Where both respirators and p sonnel rotation are ellowed by eubdi slons (I). (ID. or (111) of this subpe: graph, and both are practicable, perse nel rotation shall be preferred and u <3> Where a respirator Is permitted subparagraph (1) of this paragraph, shall be selected from among those a proved by the Bureau of Mines. Depar meat of the Interior, or the National 1 stituto for Occupational Safety a; Health, Department of Health. Educ tloo. and Welfare, under the pnerUloeu 30 CFR Fart 11 07 PJL 0344. Mar. I 1073), and shall bt used In aceordan with subdivisions (1), UU, (111), and O' of this subparagraph. (t) Atr purifying respirator*. A rruw bit or single use air purifying rasplratc or a respirator described In subdivide (II) or (111) of this subparagraph, aha be used to reduce the concentrations t airborne asbeatoa fibers la the resptraU below the exposure limits prescribed 1 paragraph (b) of this section, when to celling or the 0-hour time-weighted avei age airborne ooneentrettens of asberte fibers are reasonably expected to tacee no more than 10 timet those Unfits. (ID Powered air purifying respirator; A fall facepiece powered air purifyin respirator, or a powered air purifyln respirator, or a respirator described l> subdivision (111) of this subparsgraph shall be used to reduce the concentre lions of airborne asbestos fibers In th respirator below the exposure Unfits pre scribed In paragraph (b> of this secliar when the celling or the 0-hour time weighted average concentrations c asbestos fibers sre reasonably expecte to exceed 10 times, but not 100 ism those limits. (ill) Type "C" supplied-sir respirator continuous flow or pressure-demon clots. A type "C" continuous flow or pres sure-demand, supplied-air resptraU) nn be-jssed to-Mduce the concentre Uons of airborne asbestos fibers In th respirator below the exposure limits pre scribed In paragraph (b) of this senior when the celling or the l-hour Ume weighted averse* airborne concentre Uons of asbestos fibers are reasonsbl expected to exceed 100 times those limit tlv) Establishment of a respirator pro gram, (a) The employer shall establish a respirator program la accordance wit. MOftAi afcimt. vol 37, no. no--wtom soar, juhi r. mi i !r RULES AND REGULATIONS 11 the requiremenu of the American Na where asbestos fiber* are released lo be subparagraph shall conform to Ibr U. tional Standards Practice* for He*plra- monitored In such a way as to determine qulremcnls of 20" s 14" tertical for: lory Protection. ANSI UII-1KI. which whether every employee's exposure to signs specified in 119lD.Mi<d> <4 >. ir i- la Incorporated by reference hereto. asbestos fibers Is below the limits pre to this subdivision. The signs shsl) 6. See | 1914.4 concerning Ute avail* scribed In paragraph tb) of this sec play the following legend in the lc ability of ANSI ZM.2-1969 and the main tion. Jl the limits are exceeded, the em panel, with letter sixes and it>lej c tenance of an historic flic in connection ployer shall Immediately undertake a visibility at least equal to that speo d therewith. The address of the American compliance program In accordance with In this subdivision. d t National Standards Institute Is fives In 11910.100. <c> No employee shall be asslcned lo tasks requiring the use of respirators If, paragraph (d ot UUs section. (2) Persona1 monitoring--0) Sam ples shall be collected from within the breathing sone of the employees, on tsfsnd Aibestoi______________________ XMiim I" baas a Oasbte Black. l based upon his most recent examination, membrane filters of 0.9 micrometer po- t>nl Hassid. K" Ssiu aa examining physician determines that rossity mounted In an open-face Alter aathic the employee will be unable lo function holder. Samples shaU be taken for the Black, i normally wearing a respirator, or that determination of the (-hour time- Avote Bfcsthtng Oust... ti" OotAle. i the safety or health of the employee or other employees win be Impaired by his use of a respirator. Such employee shall weighted average airborne concentra tions and of the ceiling concentrations of asbestos fibers. Wear Assigned Protective Equipment. Do Not neasola la Area Oaless Tour Wore Ac V Oethtc. V'Oethic. be rotated to another Job or given the <11) Sampling frequency and patterns. quires il opportunity to transfer lo a different po After the Initial determinaUons required Breathing Asbestae Dust 14 point oo< sition whose duties he Is able to perform by subparagraph <1) of this paragraph, Slsy Be Rassrdoui To with the same employer. In the same geo samples shall be of such frequency and Your Health. graphical area and with the same senior pattern as to represent with reasonable ity. status, and rate of pay he had Just accuracy the levels of exposure of em prior lo such transfer. If such a different ployees. In no case shah the sampling be position Is available. done at intervals greater than 6 months (3) Special clothing: The employer for employees whose exposure to asbestos hall provide, and require Ute use of. spe may reasonably be foreseen to exceed cial clothing, such as coveralls or similar the limits prescribed by paragraph <b> whole body clothing, bead coverings., of this section. gloves, and foot coverings for any em (3) Environmental monitoring--fl) ployee exposed to airborne concentra samples shall be collected from areas of tions of asbestos fibers, which exceed the n work environment which are represent celling level prescribed In paragraph (b) ative of tire airborne concentrations of of this section. asbestos fibers which may reach the (4) Change rooms: U) At any fixed breathing tone of employees. Samples place of employment exposed to airborne shall be collected on a membrane filter concentrations of asbestos fibers In ex of 0.1 micrometer porosity mounted in cess of the exposure limits prescribed in an open-face filter holder. Semples shall paragraph (hi of this section, the em be taken for the determination of the - ployer shsfi provide change rooms for hour time-weighted average airborne employees working regularly at the place. concentrations and of Die celling con <U) Clothes lockers: The employer centrations of asbestos fibers. shall provide taro separate lockers or con (U) Sampling /requeue* ead patients. tainers for each employee, so separated After the initial detennlnaUons required or isolated as to prevent contamination by subparagraph (1) of UUs paragraph, Spacing between Unes shall be at 1< equal to the height of the upper of : two Unes. 43> Caution labels--<11 Labeling. C Uon labels shall be affixed to all i materials, mixtures, scrap, waste, deb and other products containing asbei fibers, or to their containers, except t no label Is required when aiMitas fit have been modified by n bonding ag> coating, binder, or other material so t during any reasonably foreseeable \ handling, storage, disposal, processing transportation, no airborne concent Uons of asbestae fibers to excess of expocufo limits prescribed to psrmgn (b) ot this section sill be released. til) Lobe! spcri/tcatioau. The caut labels required by subdivision <1> el t subparagraph shall be printed to iett of sufficient atac and contrast as to readily visible and legible. The label s) state: of the employee's street clothes from his samples shall be of such frequency and work clothes. pattern as to represent with reasonable (Ill) Laundering: (a) Laundering of accuracy the levels of exposure of the asbestos containInsted clothing shall be employees. In no case shall sampling be done so as to prevent the release of air at Intervals greater than I months for BuithWp Aitiiio Dost Stay Csum Ism BadSy Harm borne asbestos fibers in excess of the ex employees wltose exposures to asbestos <h) Housekeeping--(1) Cleaning. posure limits prescribed In paragraph <b) may reasonably be foreseen to exceed external surfaces in any place of empk of this section. the exposure limits prescribed In. para ment shall bo maintained free of set <b> Any employer who gives asbestos- graph <b> of this section. mutations of asbestos fibers If. with u> contaminated clothing to another person (4) Employee observation of monitar dispersion, these would be en excess for laundering shall Inform such person of the requirement In (aY of this subdi vision to effectively prevent the release of airborne asbestos fibers In excess of the exposure Rmlto prescribed in para graph (b) of (his section. <e> Contaminated clothing shall be transported la sealed Impermeable bags, or other closed. Impermeable containers, and labeled h accordance with para graph (g) of this section. <e> Uethod */ measurement. All de ing. Affected employees, or their rep resents lives, shall be given a reasonable opportunity to observe any monitoring required by this paragraph and shall have access to the records thereof. <g) Caution signs and labels. 43> Coafioa signs. <l> Potting. Caution signs shall bo provided and displayed at each locaUon where airborne concentrations of asbestos fibers may be In excess of the exposure limits prescribed in paragraph <b> of this section. Signs shall be posted concentration. (t) Waste disposal. Asbestos wai scrap, debrto. bags, container*, cqu ment. and asbestos-containmated do tog. consigned for dfsporsl. which a product to any reasonably foresees use. handling, storage, processing, d posal. or transportation airborne cooci trations of asbestos fibres In excess ot i exposure limits proscribed to psragre <b> of this secUon shafi be collected a disposed of to scaled bapermeahlc ba terminations-of airborne concentrations at such *-dtstance from such a location of asbestos fibers shall be made by the so that an employee may read the signs (I) Heeordktepspg - <i> exposure r membrane filer meUtod at I0MM X (magntficatioai <4 minimeter objective) with phase contrast Illumination. If) Monitoring-- II) Initial determinations. Wllhto g months of the publi and take necessary protective steps be fore entering the area marked by the signs. Signs shall be potted at* all approacltex to areas containing excessive concentrations of airborne asbestae fibers. ords. Every employer shall maintain r ords of any personal or envtronmrn monitoring required by this section. R ords shall bo maintained for a period at least 3 rears and shal be made avi able upon request to the Assistant Sec cation of this section, every employer <U> Stys spedfiestions. The warning tary of Labor for Occupational Sat shall cause every place of employment signs required by subdivision (1) of this and Health, the Director of the NaUo riutsAi stcimt. vol ir, no. ho--wionisoat, juni y, mi !I lias RULES AND REGULATIONS Institute for Occupational Safety and Health, and to authorised representa tive! of cttlier. (3) Employee access. Every employee and former employee shall have reason* able aeceas to any record required to be maintained by subparagraph (1) of this paragraph, which indicates the em ployees own exposure to asbestos fibers. 13) Cmployet notification. Any em ployee found to have been exposed at any time to airborne concentrations of asbes tos fibers In excess of the limits pre scribed In paragraph (b) of this section shall be notified In writing of the expo sure as soon as practicable but not later than i days of the finding. The employee shall also be timely notified of Ute cor rective action being taken. <j> ifedieel examinations--(1) Gen eral. The employer shall provide or make available at his cost, medical examina tions relative to exposure to asbestos re quired by thl! paragraph. 13) PrepJaeement. The employer shall provide or make available to each of his employees, within 3b calendar days fol lowing his first employment In an occupation exposed to tirborae con centrations of asbestos fibers, a compre hensive medics] examination, which shall 'Include, as a minimum, a chest roent genogram (posterior-anterior 14 z 17 Inches), a history to elldt symptom atology of respiratory disease, and pulmonary function tests to Include forced vital capacity 1FVC) and forced expiratory volume at 1 second tFEV,.J. 13) Annual examination*. On or be fore January 31. 1S73. and at least an nually thereafter, every employer shall provide, or make available, comprehen sive medical examinations to each of his employees engaged In occupations ex posed to airborne concentrations of as bestos fiber*. Such annual examination shall Include, as a minimum, a chest roentgenogram (posterior-anterior 14 x 17 Inches), a history to elicit symptom atology of respiratory disease, and pulmonary function tests to Include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV,.). 14) Termination Of employment. The employer shall provide, or make avail able, within 30 calendar days before or after the termination of employment of any employee engaged In an occupation exposed to airborne concentrations of asbestos fibers, a comprehensive medical examination which shall Include, as a minimum, a chest roentgenogram (pos terior-anterior 14 x 17 Inches), a history to elicit symptomatology of respiratory disease, and pulmonary function texts to Include forced VilaI capacity (FVC) and forced expiratory volume an second (FEV..), 19) Kecent examinations. HO medical examination Is required of any em ployee. If adequate records show that the employee has been examined In ac cordance with Dlls paragraph within Die past 1-year period. 16) tiedteal records--(1) mainte nance. Employers of employees examined pursuant to this paragraph shall cause to be maintained complete and accurate records of all such medical cxamlna- lions. Records shall be retained by employers for at least 30 years. Ill) Access. The contents of the rec ords of the medical examinations required by this paracraph shall be made available, for Inspection and coming, to the Assistant Secretary of Labor for Occupational Safety and Health, the Director of NIOSII. to authorized physi cians and medical consultants of cither of them. and. upon the request of an em ployee or former employee, to his physi cian. Any physician who conducts a medical examination required by this paragraph shall furnish to the employer of the examined employee all the Infor mation specifically required by this paragraph, and any other medical In formation related to occupational ex posure to asbestos fibers. 3. A new 11910.19 Is added to Subpart B of Part 1910, reading as follows: 11910.19 A>br*loa iw*. Section 1910.93a shall apply to the ex posure of every employee to asbestos dust In every employment and place of employment covered by 11910.13. I 1910.13.11910.14. | 1010.1$. or I 1010.10, In lieu of any different standard on ex posure to asbestos dust which would otherwise be applicable by virtue of any of those sections. Effective date. Paragraph 1b>(3) of 11910.93a shall become effective July 1. 1976. All other provisions of II 1919.93a, 1910J3. and 1910.19 'shall become effec tive July 7.1972. The current emergency temporary standard remains In effect until July 7. 1972. (Sees. . 0. 04 Slat. 1893. ISM; 39 VS C. 1U. 37; 39 CTO 1010.4; Secretary at Labor's Order Mo. 13-71, M PJL 0134) Signed at Washington. D C, this 2d day of June 1972. G. C. Gonmct. Assistant Secretary of Labor. (TO Doc.13-0314 nied 0-0-13;t;43 am] Title 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT Chapter 9--Atomic Energy Commission PART 9-1--GENERAL Subpart 9--1.1--Pracwrement Regulations Miscellaneous Aximnikts The changes made In AECPR Subpart 9-1.1, Procurement Regulations, have been made In order to establish the AECFR Temporary Regulations, which are a part of the AEC Procurement Reg ulations and the Federal Procurement Regulations System. The AECPR Tem porary Regulations Implement and sup plement the FPR Temporary Regula tion*. They also contain policies and procedures Initiated by the AEC which are to be effective lor a period of 6 months or less. The AEC Procurement Instruction section has been revised s cording!/. Minor editorial changes bs also been made. 1. Section 9-1.101 Scope of mbport, revised to read as follows: $9--1.101 Srvpt ( uikpm. Thu subpart describes the Atom Energy Commission Procurement Rer. lotions and the AECPR Temporary Rrt ulations. It also describes exclusion from the AECPR as contained la tr. AEC Procurement Instructions. 3. Section 9-1.103 Establishment c AEC Procurement Regulations. U revise to read as follows: $9--1.102 IUuMi>lim<ni of ilic AE Procurement Regulation* and lb AECl'n Temporary Regulation*. | 9-1.102-1 AEC Procurement Rrguli ion*. (a) The AEC Procurement Regula tlons (AECPR) are hereby established (b) These regulations Implement acc supplement the Federal Procuremec Regulations (FPR) and are a part o: the Federal Procurement Regulation. System. ___ (c> The effective date of FPR Issu ances throughout AEC will be the dat< Indicated in the respective Issuances un less otherwise provided in the AEC Pro curement Regulations. id) Ths effective date of AECPR Is suances throughout AEC will be the dale Indicated in the respective Issuances. $9-1.102-3 AECPR Temporary neguUliana. Is) Th* AECPR Temporary Regula tions are hereby established. (b) These regulations implement and supplement the Federal Procurement Regulations Temporary Regulations. They also contain policies and proce dures Initiated by the AEC which arc expected to be effective for a period of 6 months or less. 1c) The effective date of the FPR Temporary Regulations Issuances throughout AEC will be the date Indi cated In the respective Issuances unless otherwise provided In the AECPR Tem porary Regulations. (d> The effective date of the AECPR Temporary Regulations Issuances throughout AEC will be the date Indi cated in the respective issuances. (e) The AECPR Temporary Regula tions are a part of the AEC Procurement Regulations and the Federal Procure ment Regulations System. All references to the AEC Procurement Regulations or AECPR In H 9-1.103 through 9-1.109 of this subpart shall be deemed to Include the AXCPRTtSiporanr regulations. 3. Section 0-1.103 Authority. Is revised to read as follows: $ 9-1.103 Authority. The AEC Procurement Regulations are prescribed by the General Manager. As sistant General Manager for Administra tion, or the Director. Division of Con tracts of the AEC, pursuant to the au thority of the Atomic Energy Act of 1991, and the Federal Property and Adminis trative Services Act of 1949. tt