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ASBESTOS
THE DISCOVERY COMPANY
UNION CARBIDE CORPORATION .7.INING & METALS DIVISION P.0. BOX 579 NIAGARA FALLS. N. Y. 14302 TEL: 716-278 3376
April 25, 1975
Mr. Ken Campbell Monte!lo, Inc. P. 0. Box 130 Sand Springs, OK
74063
Dear Ken:
A suggested modification of your proposed letter to Dallas OSHA is attached. It has been considerably softened and pursues the theme we discussed, i.e. we are presenting evidence which shows that asbestos levels are typically well below those requiring signs. Based on this evidence it is certainly prudent for them to monitor before citing in the future.
It gives them the opportunity to save face and be reasonable about this and other things if they so choose. He also lays the groundwork for a stronger approach in Washington if it becomes appropriate.
I am inclined to avoid the question of where signs really need to be on the assumption that signs will not be needed at all.
I like your summary but it didn't seem to fit. Feel free to work this over.
So far I have not sent this to Bill Thurber or our attorney. This can be done very quickly when we are together on the basic slant.
Regards,
H. B. Rhodes Technology Manager
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Montello supplies a special asbestos to the drilling industry. Our business is being damaged by the
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issuing of citations, against users of our product, for non-posting of caution signs.^Thiit*cMotions
-have been substaintiated by monitoring to determine if excessive airborne fiber concentrations 6.cf>*-lly
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a. Caution signs are required where in the judgement of the compliance officer, based upon air sample results or visual! observation, backed up with documentation that airborne concentrations of asbestos *may be in excess of exposure limits.
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Monte I lo has been a small distributor of specialty drilling fluid additives since 1957. One of our
products is a unique, high density asbestos which is manufactured at King City, California.
us by Union Carbide Corporation
On the drilling rig, asbestos usage is very sporadic. It is odded to the drilling fluid through a mud hopperor large funnel. Venturi action of the fluid rushing through the bottom of this hopper creates a suction which pulls the dry product into the liquid stream. Additions typically occur no more often than once per shift. The amounts odded are small, rarely exceeding 500 lbs. at a time. With three eight-hour shifts per day and 8 to 10 men per shift, assignments are exchanged frequently and the same worker rarely performs the job of odding materials for more than a few shifts. And then only for
a small part of each shift. Dumping rates on asbestos are slow, averaging an hour or so for 500 lbs. When dumping, the worker cuts the end of the 50 lb. bag and allows the material to fall into the suction end of the hopper, where the product becomes part of the liquid drilling fluid seconds later. Totally enclosed mixing areas are rare with the hopper itself generally being located in the open.
Since the regulations governing the use of asbestos become law in July, 1972, Union Carbide and Montello have joined in carrying out periodic field monitoring tests on rigs where our product was being used. As a result, we have accumulated airborne asbestos fiber counts from a wide range of drill sites. We have appended a number of these reports for your consideration. A brief recap of the results follows.
(Plan to recap and append the four 1972 tests; the Cactus ^16 and Cedco *37 tests from Michigan; and the three Woodward tests.)
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This history of reodings,which are far below the regulated TLV of ten fibers and the TWA of five fibers, leods us to believe that there is no reasonable expectation of excessive ariborne concentrations when using our product. In the present context, we believe that this field experience supports the contention that monitoring on location should be the only documentation for issuance of citations for non-posting of caution signs.' Clearly it is far superior to visual surveillance in terms of accuracy.
In the more than 2 1/2 years since the asbestos regulations became law, we have no knowledge of any citation having been issued, based on corroborating monitoring data to show the existence of excess airborne fiber concentrations. In fact, where such tests have been run by compliance officers, no basis has been found for citation. In September of 1974, a compliance officer for the state of Utah
A**fus;s carried on field monitoring tests at one of our customer's locations, Result of these tests resulted in a ruling of "In Compliance". A copy of the form is attached. In addition, we understand that one or more monitoring tests have been run in the state of Oklahoma, and that no counts in excess of the allowable limits provided in the regulations were found. We know of no other instances where monitoring by compliance officers has been undertaken in the drilling industry.
F.bwCTy 27, 1975
Mr. Jim Knorpp, Area Director
Occupational Safety & Health Administration
Roam 512, Petroleum Club Bldg.
420 South Boulder
Tulsa, Oklahoma
74103
Dear Mr. Knorppt
Enclosed are two copies of the case mentioned In our discussions yesterday and today. Thank you very much for taking the time to talk with us.
Of course the working environment In this cose Is quite different from that of a drilling rig. However the salient point seem to us to be the foct that a citation far non-display of caution signs (among other things), was vacated, on the basis of unsatisfactory moni toring. In the matter of the west Texas citations for non-display of caution signs, there was no monitoring done at all.
We suggest that the operative wording In the regulations covering caution signs, relates to where these signs must be physically posted. To quote, "Signs shall be posted at all approaches to areas containing excessive concentrations of airborne asbestos fibers". It seems to us that monitoring must be carried on In order to determine Just where those areas of excessive airborne concentration exist.
Thank you again for talking with us. Please feel free to send a copy of this letter along with your recommendations to the Regional Office, If you wish. We'll look forward to hearing from you when their response Is received.
Sincerely,
MONTELLO, INC.
Kenneth N. Campbell KNC/w| Enc. (2)
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' U.S. DEPARTMENT OF LABOR occurATIOHAL MFETY 1 HEALTH ADMIHtSTRATlOH
OOa III. MTlOLtUM AUILOIHS
410 SOUTH (OuLO(* STMCt TULSA. OKLAHOMA 74101
March 26, 1975
Mr. Ken Campbell Montello, Inc. P.O. Box 130
Sand Springs, Oklahoma
74063
RE: Asbestos - 29 CfR 1910.93(a)(g)(l)(i)
Dear Mr. Campbell:
The following information is provided regarding your inquiry and to confirm our telephone conversation of March 24, 1975.
a. Caution signs are required where in the judgement of the compliance officer, based upon air sample results or visual observation, backed up with documentation that airborne concentrations of asbestos may be in excess of exposure limits..
b. Signs shall be posted at all approaches to areas containing excessive concentrations of airborne asbestos fibers. These signs are required where airborne concentrations of.asbestos exceed exposure limits.
It is hoped that this Information will assist in providing a safe and healthful workplace and complying with applicable standards.
Sincerely,
J. T. KNORPP Area Director
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