Document rjarr0aEZx0qxvVEbNKgOOE

FILE NAME THAN THAN DATE 1972 Sept DOC THAN009 DOCUMENT DESCRIPTION United Sierra Memo RE Asbestos Talc UNITED UNITED BOX 1201 NEW TRENTON JERSEY DIVISION CYPRUS MINES CORPORATION SIERRA 08606 SIERRA TELEPHONE 609. 883-5111 TWX 510.685-9585 510.685-9585 September 15 1972 Gentlemen Re Asbestos Talc Many of our customers are inquiring as to interested in knowing if our talcs are true contaminated with tremolite a form of asbestos a form letter outlining our position and should be handled and They are are not There are two separate types of Occupational Safety And Volume to Federal Federal Regulations Regulations Volume July 7 1972 and which concerns dust in the air of a manufacturing a result of the Federal Drug regarding asbestotas ke the OSHA law inquirie received one from the Administration OSHA pertaining 110 which became law on allowable amounts of asbestos plant The other inquiry is as Administration's Administration's proposed regulations you will copies Please be aware that under & proposal of the FDA there aren't any test methods suggested addition for determining if talc contains asbestos In addition it is not stated what asbestos of is For example line of pulp fiber from a bag can if looked at through a microscope present be classified as fibrous in nature in hav- ing just one particle present Under the proposed regulations the clasified as asbestos We have written to as the OSHA that they identify asbestos mineralogically Regulation does and also that they suggest a form of example identification Diffraction techniques limits be stated example 99 fiber We also suggested detect tremolite is our letter states what asbestos how we measure and what experimental limitations are Ray Diffraction techniques can tremolite at the % level This is the limitation of the and equipment equipment fiber 99 what we Free This are saying is is not to say that that our products are at least some of our products are not 100 fiber free but we know of no commercial method of determ- ining this accurately and quickly ; LDM 1 KIZER EXHIBIT 17 4.3.04 4.3.04 UNITED SIERRA DIVISION Cyprus Corporation CorpMioners a Cot rpoi rao tin on Mines Corporation aiftie durinodurino RULES AND REGULATIONS for given RULES RULES AND Occupational REGULATIONS Exposure for an Occupational Occupational Exposure Exposure Standard Occupational Asbestos National Institute Institute Occupational Occupational Safety and ; tations NIOSH Occupational Occupational Health receipt Public recommendations recommendations controversy exposure asbestos fibers manifesmanifes- manifes- asbestosis controversy ne such asbestosis cancers , given rise mesothelioma the have validity as the the Assistant presiding data views data proposed arguments proposed standard concerning concerning about March 1972 presiding presiding about relative aminer aminer certified to hearing Secre- Safety rise also to controversies these consequences concerning controversies Tiare relative toxicity the various kinds the asbestos varying hazards kinds dif- of hazards workplaces workplaces dif- qir- medical medical hearing proposed So standarstdandard with proposed standard dealt two fiber standard and five fibeAr. standard and a con- permissible permissible concentrations of asbesto concentrations of view of the exposure compliance sequences fibers signs methods essential exposure asbestos Con- monitoring recordk regulated warning examinations and ) abers regulated is now the exposure recordk best ical examinations examinations these on = evidence proposals elic major ing comments available now now even though though best ited arguments counterproposals They have examined and considered Haris, been results sirable An asbestos asbestos standard standard evaluated de. examined Acceptable f the tos dust The concent dard would proposed dard tos cannot for them Lives occupational would average TWA airborne them. there employees but weighted average It is concluded . asbestos . Title Title29 micromaeteconb cerntrastions Mco oncenitratiolnv s iteer tions concentrations concentrations concentrations : . ceeding asbestos longer than Ave . longer Concentra- Concentra- Concentra- concentration concentration would LABOR LABOR permitte concentration stand- Chopter Occupational Safety Chapter Chapter Occupational Depart- ment and Health minutes mae pernoth mitte at hour hours any one than than hours in any oneone , are PART OCCUPATIONAL . incentrations permitted permitted varieties PART 1910 incentrations thereafter TWA STANDARDS STANDARDS fiona should not more concentra- standard Stondard AND hes pe centimeter centimeter Abers , Asbestos centimeter ) of and forExposure Asbestos Exposure for concentrations should not exceed exceed because On On December see concentrations no time restriction restriction December On December 1971 emeri CYAN Numerous objections posals objections and counterpro- ' standard concerning posals limits made regard temporary asbestos standard concerning to asbestos REGISTER REGISTER in asbestos asbestos ^...berconcen- 23207 F.R. levels PEDERAL PEDERAL with section of ams: ams ordance section Safety Occuptaional Tealth iams Health Act of 1970 OccuptaionalOcuptaional day notice ; l.e. adopted protection ulemaking regarding regarding Walsh Walsh Healey Healey recom- 1969. vas tandard one minimum minimum standard asbestos applicable workplaces ex- be all mixture posed kind mixture mixture kinds to asbestos asbestos asbestos Reasons a practical ad- ministration ministration preclude variety stand- ards of - asbestos and workplaces of workplaces Alsowhile while the evidence evidence crocidolite crocidolite for tends show harmful than in- stance is more chrysotile chrysotile not sufficient establish establish separate separate standards standards varieties asbestos sufficient to there be Because standard of governing and workplaces workplaces apparenti asbestos hazardous than others some present employees because ex- employees probably posure asbestos have ready probably asbes- accumulated accumulated doses ex- appears safe cause regard asbestosis mesothelioma with regard regard mesothelioma cause statute requires requires protection protection who may published published the anuary anuary anuary interested 1972 lee Ice interested oth oth orally orally writing nd nd concerning concerning On or On about 466 The persons data the January Asbestos Dust n suo bm- it effecstitveandardefstandfard ective months finally finally for and years fiber standard standard These proposal ommendations standard ommendations after fair indication indication give the counterproposals counterproposals wide spread of the counterproposals was No one has disputed enough du zero- working life and because exceed exceed because of several considerations which which have been urged and proceeding the conflict the mu muc c ory ommendations standard ommendations ommendations omendations standard with asbestos asbestos the Department , itedto itted document .E Health Education Secretary Labor containing containing Recommenda- Recommenda- ria ra document containing or asbestosis Department as high enough causally related duration The dispute determination determination determination determination specific which exposure exposure safe Various cri- studies attempting to establish establish quantita- relations Recommenda- relations between between specific levels tive relations specific quantita between Specific WEDNESDAY WEDNESDAY FEDERAL REGISTER, VoL 37, NO. 110 wensieen ... related concentrations concentrations concentrations asbestos asbestos is TWA micrometers fibers than micrometers longer longer exceed two notwith will allowed ^...bers ^...bers cc currr with fibers value The ceiling concentrations concentrations concentrations currr TWA concentrations exceed five fibers WO concentrations . ceiling value of 10 Obers/cc., wi Nbers/ec. The ao currc: TWA concentrations of five ; fibers, aio! County Confidentiality Stipulational Jackson Stipulation Soule Soule Refractories Order Refractories Refractories Subj Caseto Order No. OrderSubj. Case RULES AND REGULATIONS ceiling concentrations of 10 fibers Abers so that 11319 will be permitted until July 1. 1976 dur- in the these would not be released 6. Records The ing what will be a transitional period normal use of the products should not be and as adopted standard as proposed deemed necessary to allow employers to required to be labeled and 2 words records of requires maintenance of make the needed changes for coming such as danger and cancer are examinationmsonMiotsotring and of medical into compliance with the more stringent standard unwarrantedly alarming Both contentions have merit and the this of the controversy in area has revolved around the tion ques- The record shows that the many work standard has been changed accordingly 4. Monitoring The proposed standard whether an employer should be allowed to have access to the results of operations subject to the single standard textile asbestos would have required personal monitor- the required medical examinations The manufacturing indus- trial and marine Installation etc. will Minagny ainssdues ehnavvierobnemeenntraailsedmonitoring concerning apprehension of those who have against employer access is based argued on the meet varying degrees of difficulty in complying with the standard In the availability and reliability of meas- tehxepectation that some employers will use some instruments plants extensive redesign and reloca- uring frequency of moni- medical examinations as a means of tion of equipment may be needed It toring and conditions in which monitor- screening employment applicants and ap- pears however the delay in the effective ing should be required The adopted worse as grounds for discharging current date of the fiber standard will standard takes the objections into con- employees show signs of being af- pro- by vide all employers a reasonable time to sideration It requires periodic monitor- fected exposure to asbestos Since the moniotf or comply At the same time so long as the ing at intervals no longer than 6 months thus allowing considerable time and dis- purpose the medical examinations is health of employees ex- ceiling limit is complied with no harm is reasonably expected to result from cretion and prescribes the use of the the hazards abestos em- ex- ployees cannot employers posures during the transitional period ac membrane filter method which is an ceptable method for determination in reason be granted the results sof 2. Methods of compliance It has been asbestos Abers determination of occupational expo- pointed out by many persons that pro- It has also been - sure sense to tection against asbestos abers is best employees or their employers to provide medical require representatives obtained by controlling the generation of have an should examina- Abers first and secondly by controlling opportunity to observe monitoring The recommendation the dispersion of released fibers into the been accepted a ambient air of the workplaces Therefore 5. Medical examinations 7 information the standard requires feasible techno- posed standard would only The pro- some medical require pro- logical controls and appropriate work appropriate medical only On the other hand there is pro- examination practices as the primary means of com- mass pliance Rotation of employees as a way periodic basis The the generap lfro- posal has attracted and tion to allow no inten- employers to abuse medical information obtained pursuant to the objections of meeting the TWA concentration re- also many helpful Act to the comment quirement is allowed only in stated ex- mendations of NIOSH recom- Therefore the NIOSH and Advi- ceptional circumstances because as a Asbestos eneral rule it would be dificult to im- respect ement Personal protective equipment with uch as respirators cannot be relied upon because among other reasons they required may be so uncomfortable as to be burthtehe . densome except for short periods of sory Committee were much more specific to both frequency type medical examina- tions to be coThmements vary as to the class employees to be ex- and amined and frequency of the time Therefore it is expected that respirators and shift rotation will be used during the period necessary to install en- standard requires medical at the beginning and termination gineering controls and to train employ- termination Other ees in sound work practices but after technological compliance has been Urs employments exposed of asbestos fibers and Fannual medical examina- :every achieved their use must be limited to $ employee exposed to air- Concentrations of special work situations and emergenciess asbestos It has pointed out that in Where both are practicable shift rots en, certain indus- required such as construction an employee Work 3. Labeling The proposed standard for several employers during same year standard stopped short of requiring labeling labeling labeling bestos and Accordingly the does not require either preemployment containing prod does The proposed standard would termination or periodic examinaton CoP have panied any employee who has been examined present present itnheapcacsotrdyaenacre with the standard within ratherthan However labeling than point signs has proved to be con- of con- One question which has been raised goes to whether the NIOSH troversy Both Asbestos tDuhset Ardevcisoomr-y Committee on Asbestos asbestos employer or the employee should be allowed to choose the examining physician Williams mended labels for products and and containers recommendations The standard gives the option to the employer Since some employers the course became very controversial in examination already have a medical of the proceeding Many counterpro- also have program in operation and have proposals made as to the lan- some medical departments with guage of the warning well as to the products to be subject to the labeling expertise in the diagnosis of abes- rreealsoantabelde diseases it seems more requirements Employers in general strongly contend that 1 Anished prod- to permit them to utilize the present programs and expertise than to ucts which effectively entrap asbestos permit an employee to choose a private general practitioner medical records requirement will be closely watched and in cases of abuse appropriate action will be considered The issues discussed above are belleved to be the major ones Numerous other issues have been raised in the rulemaking proceedings Some have been referred to incidentally Many recommendations for instance about work practices are so obviously meritorious that their adoption needs no exposition here recommendations and many objections have not been adopted for a variety of reasons which should be manifest Sev- eral for instance have recommended the use of respirators only pursuant to a variance or in cases of emergency and occasional short exposures The recommendation with respect to vari- ances undoubtedly has many merits but is considered administratively im- practical Accordingly after consideration of the whole record of the proceeding and pursuant to sections 6 b and c and c of the Occupa- tional Safety and Health Act of 1970 84 Stat 1593 1596 1599 29 U.S.C. 655 657 29 CFR 1910.4 and to Secretary of Labor's Order No. 12-71 36 F.R. 8754 Part 1910 of Title 29 of the Code of Fed- eral Regulations is amended as set forth below , 1 Section 1910.93 is amended by re- vising Table G to read as follows Subj to Stipulation of Confidentiality & Confidentiality Order Soule et al v A.P. Green Refractories et al Jackson County MO Case No. 207056 TH 0104-0 11320 RULES AND REGULATIONS 11320 11320 Air contaminants, which AAi irr contaminants . 7 TABLE micrometers Duste BileBubst'ance scribed Quarts (respirable).... Biller 280! ; 250 airbome ere QQuQuauaratrrzuttrzeospitraablle redusstpirable Cristobalita total ... ermalas ite Use Cristobalita calculated the quartz quartz q Tridymita Use value reduce calculated from for- 2 b diatomaceous (less than 1%, errve talling silica): American Governing csoonnnelnesssloontnnneaellnbesromotaettirohngrespiatorencies Billcates exceed RULES any REGULATIONS any employee employee may be exposed which may exposed ( ^...bers ^...bers than 1 micrometers micrometers cubic centimeter centimeter Men micrometers determined determined method method method prescribed scribed as paragraph this presection Ceiling concentration respirators ( lompan . shall concentration . No em ployees shall exposed time asbestos 10mg 7910 excecencsentrastions c1 encentration0 s cencentratiAons bo ersf asbestos to micrometers micrometers micrometers than to 30mg micrometers determined cubic centimeter centimeter by determined scribed paragraph paragraph the method section Methods Methods compliancecompliance- methods gineering gineering Engineering this trols Engineering mEnegineetringhods Engineering Engineering but feasible controls enclosure clent 8m 80mg shall prescribed Personal protective respirators shift airborne concentra- During the time period install the engineering necessary controls necessary work practices and and paragraph paragraph this section required required In work section which methods prsietusaticonrsibseidtupaaragrtaphions which the the section are either technically () of feasible feasible technically insum- not to airborne airborne extent concentra- concentra- the of asbestos fibers below oflimits paragraph this lbnits paragraph of this thls cud maintained section Locar i exhaust Local ventilation Local ventilation exhaust and dust lection shall installed designed and designed structed . National National Fundamentals and Operation of Local Exhi In constans per- respirators subdivi subdivi per. and are practicable practicable person- person- rotation preferred respirator respirator preferred permitted used subparagraph Where by used, this paragraph paragraph by ForFor than 910 . 10mg herein Inert Nuisance Nuisance Amg 18mg Note: dust hein fle in NOTE Conversion factors- factors- cuble meter : Conversion Conversion factors" mppa particles c.c. cubic million par particles par cubic meter based based air impinger counted impinger impinger impinger percentage crystalline formule operated en amount amount determindeeterminded crystalline from borns mmples asbestos except for exceptthose 4X en be instances applicable other method method = en determined applicable membrane determined magnification ^ phase contrast magnification quarts quarts scorers phase magnifcation concentration percent quarts for but limited 11 this UB application application wheels and limit selector determined determined Systems by reference corporated Bee 1910.6 ability Bee ANSI concerning avail maintenance of a 29.2-1971 avait: connec- maintenance therewith Thehistoric connec- tion National Standards addressaddress Institute Amer- given in 1910.100 a given Particular at erated and may power produce operated which asbestos ^...bers paragraph excess scribed in such such of the not exposure limits psreceti-on of this abrasive shall pro- drills ventilation ventilation sys- CFR Part the provisions of 1972 s3 hall 7 FR 6244 accordance of be used in accordance accordance 25, with subdivisions subdivisions ( Hi ) this subparagraph ( Air and . respirators A reusa- dy) purifying or single use a respirator respirator described purifying described subdivision subdivision or subparagraphsubparagraph subparagraph concentrations be of subparagraph concentrations Aerodynamic Aerodynamic vided wsuibtpahraagrcapchordance sys- (Gritynami Percent passing Percent with ot subparagraph 2 so handled zs HH ao sumcient bd 23 of measurements measurements this notenote refer refer + dustls AEC instrument instrument MRE respirable Se APE Jimits bo that dustdust determindeetermdined determined with the MRE coalfigure the the thereby A 2. 2. new 1910.93a 1910.93a to 1910 1 $10, reading follows added et follows oe tems subdivision subdivision this subparagraph subparagraph practices- subdivision (41) Work practicable asbestos Insofar shall practicable removed removed cut otherwise worked wet scored otherwise prevent the emission emission st airborne fibers excess excess airborne prescribed paragraph POSUre, 11 diminished prescribed paragraph paragraph paragraph Jimits section the ee product would diminished would be and Particular cement Fing Kions grout mortar material expected powered paragraph paragraph hour weighted ceiling - hour concentrations weighted in age airborne reasonably reasonably concentrations asbestos asbestos naobers reaPosweorendably those limits . exceed ( Powered Powered Powered purifying respirators respirators air powered air purifying full facepiece powered respirator respirator respirator purifying respirator described respirator 111 ) this subparagraph subparagraph subdivision used to tions airborne reduce concentra- the asbestos asbestos 1910.93 Asbestos vets the purpose Fing other 2 ity For purpose section Asbestos chrysotile chrysotile amosite crocidolite includes anthophyllite crocidolite ite,(2) anthophyllite anthophyllite Asbestos fibers ters bers Abers ters ( Permlonigesr seixbpolseure exposure fibers- concentrations concentrations efectionweighted demolition S~thaonudrard efection 1972. average airborne concentrations concentrations weighted average concentrations release containing plaster similar material asbestos asbestos shall containers from cartons or of which containers includes either they shipped shipped ventilated wetted wetted enclosed or 1 section in paragraph paragraph ) demolition removal removal Employees Employees engaged asbestos the removal equipment demolition equipment covered when ceiling ceiling weighted weighted average concentrations concentrations concentrations asbestos asbestos fibers reasonably reasonably expected exceed times expected times those limits not , are supplied respirators to iii Type supplied supplied air respirators continuous continuous demand class type C continuous respirator demand to supplied shall shall used used concentra- respirator asbestos fibers in the exposure limits i micrometers A which any employee Abers shall shall shall exceed per cubilconcegntiemetrer micrometers micrometers determined method method as ' dim determined determined of this Standard paragraph effective effective July Standard Standard weighted weighted average -t .. concentrations asbestos asbestos borne concentrations concentrations concentrations fbers than equipment sulation sulation coverings equipment pre- with respiratory ( accord- section ance special of clothing 1976 section with paragraph clothing air- cordance with paragraph d 3 of ^...berssection paragraph paragraph in ac- section. Paragraph (d) (3) of this . County Confidentiality Green Stipulaon Jackson Jackson Stipulation Soule Soule Refractories Order Refractories Order Refractories Subjto Order Bee RefractoiesSubj.Order, Pane FEDERAL REGISTER, VOL. 37. Na ous, RULES AND REGULATIONS 11321 the requirements of the American National Standards Practices for Respiratory Protection ANSI Z88.2-1969 which is incorporated by reference herein b Sec 1910.6 concerning the avallabulty of ANSI Z88.2 196a9nd the maintenance of an historic file in connection therewith The address of the American National Standards Institute is given in where asbestos fibers are released to be monitored in such a way as to determine whether every employee's exposure to asbestos Ebers is below the limits prescribed in paragraph b of this section If the limits are exceeded the em- ployer shall immediately undertake & compliance program in accordance with paragraph c of this section subparagraph shall conform to the re- quirements of 20 x 14 vertical format signs specified in 1910.145 4 and to this subdivision The signs shall display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to that specified in this subdivision 1910.100 c No employee shall be assigned to tasks requiring the use of respirators Uf based upon his most recent examination an examining physician determines that the employee will be unable to function normally wearing a respirator or that the safety or health of the employee or other employees will be impaired by his use of a respirator Such employee shall be rotated to another job or given the opportunity to transfer to a different position whose duties he is able to perform with the same employer in the same geographical area and with the same seniority status and rate of pay he had just prior to such transfer if such a different position is available 3 Special clothing The employer shall provide and require the use of special clothing such as coveralls or similar whole body clothing head coverings . 2 Personal monitoring- amples shall be collected from within the Legend Asbestos ee . Notation 1 Sana Berif breathing zone of the employees on membrane filters of 0.8 micrometer porossity mounted in an open Alter holder Samples shall be taken for the determination of the hour time- Gothic or fey fs Block Dust Hazard " Sans Serif Gothic or = Ses Sa to Block Avold Breathing Dust 1/4 Gothic weighted average airborne concentra- Wear Assigned Protective ...G...othic tions and of the ceiling concentrations of asbestos ^...bers 11 Sampling frequency and patterns t Asbestos After the initial determinations required by subparagraph 1 of this paragraph samples shall be of such frequency and Your Health pattern as to represent with reasonable accuracy the levels of exposure of em- SpI acit ngo between ployees In no case shall the sampling lines done at intervals greater than 6 months 3 for employees whose exposure to asbesto asbesto asbesto Hon may reasonably be foreseen tore Th) materials materials the limits prescribed by paragraph SDs of this section paragraph Equipment Area Do Not Rema IniArn ea Unless YourWork Requires BBrerathing eathing Asbestos Dust May Hazardous To 1/4 Gothic 14 point Gothic Sapa Spacing between the lines shall be at least height of the upper of any Hon materials and Caution labels- Labeling Caulabels shall be affixed to all raw mixtures scrap waste debris other products containing asbestos gloves and foot coverings for any employee exposed to airborne concentra- 3 Environmental samples shall be monitoring areas Abers or to their containers except that no label is required where asbestos Abers collected areas of tions of asbestos ^...berswhich exceed the which represent ceiling level prescribed in paragraph b airborne concentrations of this section whichreach 4 Change rooms 1 At any fixed employees place of employment exposed to airborne membrane concentrations of asbestos fibers in ex- ess of the exposure limits prescribed in micromehotldeerrSammopulnested paragraph b of this section the em- ployer shall provide change rooms for employees working regularly at the place ii Clothes lockers The employer shall provide two separate lockers or con- determinations tainers for each employee so separated a work environment ative of the asbestos abers of the breathing zone of shall be of 0.8 Samples alter in an open filter shall be taken for determination of the 8- hour weighted average airborne concentrations the ceiling concentrations abers 1 Sampling frequency and patterns After required have been modified by a bonding agent coating binder or other material so that during any reasonably foreseeable use handling storage disposal processing or transportation no airborne concentra- tions of asbestos ^...bersin excess of the exposure limits prescribed in paragraph b of this section will be released i Label specifications The caution labels required by subdivision 1 of this subparagraph shall be printed in letters of sumcient size and contrast as to be readily visible and legible The label shall shall or isolated as to prevent contamination of the employee's street clothes from his work clothes by subparagraph of this paragraph samples be of such frequency and represent with reasonable state CAUTION Contains Asbestos Fibers attern i Laundering a Laundering asbestos contaminated clothing shall done so as to prevent the release of of employees . the levels of exposure of the employees no case shall sampling be greater than 6 months for Avoid Creating Dust Breathing Asbestos Dust May Cause Serious Bodily Harm mployees bome asbestos fibers in excess of the mployees whosewhose exposures to asbestos h Housekeeping- Cleaning All posure limits prescribed in paragraph ~ b reasonably be foreseen to exceed external surfaces in any place of employ- . of this section b Any employer who gives asbesto exposure limits prescribed in paragraph b of this section ment shall be maintained free of accu- contaminated clothing to another for laundering shall inform such person 4 Employee observation of monitor- ing Affected employees or their mulations of asbestos fibers if with their dispersion there would be an excessive this subdi of the requirement in a rep- resentatives shall be given a reasonable concentration . prevent release vision to effectively release opportunity to observe any monitoring 2 Waste disposal Asbestos waste of airborne asbestos ^...bersexcess the exposure limits presschrailin slbpaerad- Hraph b of this section hall c be Contaminiamtepdecrlomtheiangblsheall transported in bags or other closed impermeable containers and labeled accordance para- sectiomen graph g of this asurement e All de- measoufrmeeasmureemnentt terminations ofairborne concentrations of asbestos Abers be made by the membrane filter method at 400-450 ^ magnification 4 millimeter objective with phase contrast illumination f Monitoring- Initial determi- nations Within 6 months of the publi- cation of this section every employer shall cause every place of employment required by this paragraph and shall have access to the records thereof g Caution signs and labels 1 Caution signs ) Posting Caution signs shall be provided and displayed at each location 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 at such a distance from such a location so that an employee may read the signs and take necessary protective steps be- fore entering the area marked by the signs Signs shall be posted at all approaches to areas containing excessive concentrations of airborne asbestos ^...bers 1 Sign specifications The warning signs required by subdivision 1 of this scrap debris bags containers equipment and contaminated cloth- ing consigned for disposal which may produce in any reasonably foreseeable use handling storage processing disposal or transportation airborne concentrations of asbestos fibers in excess of the exposure limits prescribed in paragraph b of this section shall be collected and disposed of in sealed impermeable bags or other closed impermeable containers 1 Recordkeeping- Exposure records Every employer shall maintain records of any personal or environmental monitoring required by this section Records shall be maintained for a period of at least 3 years and shall be made available upon request to the Assistant Secretary of Labor for Occupational Safety and Health the Director of the National FEDERAL REGISTER VOL 37 NO WEDNESDAY JUNE 7 1972 Sichl to Stioulation of Confidentiality & THAN 010460 ' 132 RULES AND REGULATIONS Institute for Occupational Safety and ir 1. and to authorized representa- . a either Imployee access Every employee kL ormer employee shall have reason- able access to any record required to be maintained by subparagraph 1 of this baragraph which indicates the em- ployee's own exposure to asbestos ^...bers 3 Employee notification Any em- ployee found to have been exposed any ime to airborne concentrations of asbes- os ^...bers in excess of the limits pre- cribed in paragraph b of this section hall be notified in writing of the expo- ure as soon as practicable but not later han 5 days of the finding The employee hall also be timely notified the cor- ective action being taken 1 .Medical examinations ~ en- ral The employer shall provide or make vailable at his cost medical examina- lons relative to exposure to asbestos re- uired by this paragraph 2 Preplacement The employer shall rovide or make available to each of his mployees within 30 calendar days fol- owing his first employment in an ccupation exposed to airborne conentrations of asbestos fibers a compreensive medical examination which shall nclude as a minimum a chest roentmogram posterior 14 x 17 iches a history to elicit symptom- tology of respiratory disease and ulmonary function tests to include orced vital capacity FVC and forced opiratory volume at 1 second FEV1 nual examinations On or be- uary 31 1973 and at least.an- _ thereafter every employer shall rovide or make available comprehen- ve medical examinationtso eaoc f hh is Employees engaged in occupations ex- ased to airborne concentrations of as- estos ^...bersSuch annual examination hall include as a minimum a chest Dentgenogram posterior 14 x 7 inches a history to elicit symptom- ology of respiratory disease and almonary function tests to include orced vital capacity FVC and forced piratory volume at 1 second FEV1 4 Termination of employment The mployer shall provide or make avail- ale within 30 calendar days before ter the termination of employment employee occupation ly engaged in an concentrations sposetdo airborne of sbestos Albers a comprehensive medical PUBLIC CONTRACTS PROPERTY MANAGEMENT Chapter Atomic Energy Commission . include tamination which shall medical inimum a chest roentgenogram s anterior 14 x 17 inches history 1 elicit symptomatology of respiratori sease function and pulmonarycapacity capacity tests + include forced vital FVC second nd forced expiratory volumeat1 at EVL examinations examinations medical 5 Recent No required tamination is ofany em- Royce If adequate recordsshow that ; |2 PART GENERAL Subpart Procurement Regulations -~ | MISCELLANEOUS AMENDMENTS The changes made in AECPR Subpart 9-1.1 Procurement Regulations have been made in order to establish the AECPR Temporary Regulations which are a part of the AEC Procurement Reg- he employee has been examined in ac- ulations and the Federal Procurement ordance with this paragraph within the Regulations System The AECPR Tem- ast year period porary Regulations implement and sup- edical records Mainte- plement the FPR Temporary Regula- . Employers of employees examined tions They also contain policies and a. nt to this paragraph shall cause " be maintained complete and accurate procedures initiated by the AEC which are to be effective for a period of 6 ecords of all such medical examina- months or less The AEC Procurement FEDERAL REGISTER VOL 37 NO WEDNESDAY JUN Subj to Stipulation of Confidentiality & Order Soule et al v A.P. Green Refractories et al Jackson County MO Case No. 207056 THAN 010461 Reprinted from Federal Federal Register of August 12 1972 37 F.R. 16407 EPARTMENT OF HEALTH EDUCATION AND WELFARE Food and Drug Administration 21 CFR Part 1211 rect and indirect food ingredients known to the Commissioner . requires Pralurt or Tolerance Limitatresitroictniosns : oe New scientific information requires on we occasion that additional limitations be Tale placed on the use of sanctioned in- piracies grgereddientis ents Accordingly the the Acordingly Comisioner Commissioner Ter has concluded that a procedure should OF 8 fere of ashes form . casentacee woe -- In chewing sum base and as on solistleking Agent forma 1:32 * in maiding foci shapes also be established under which a regu- eee re FOOD ADDITIVES emo Proposal Regarding Regulation of Sanctioned Food Ingredients SubpofaSurbpatrt E The Commissioner of Food and Drugs Subpart Sanctioned ee is conducting a study of food ingredients that have been used in feed products 121,2001 without approval of a food additive regu- lation on the ground either that they $ are generally recognized as safe GRAS are a2dd0ed00 or that they are subject to a prior sancGeneral tion The Commissioner has already mriched and Ingredient published proposed procedures for the #5 afirmation of GRAS status or the deterction mination of food additive status It is lation in Subpart E stating the existence of prior sanction may be established or amended to impose limitations upon the use of the ingredient when scientific data justify such limitations As the art action under this proposed new subpart the Commissioner proposes to issue a regulation for tale which has prior sanction for use in conting polished rice This use first approved in a food inspection decision issued under the Federal Food and Drugs Act of 1906. was subsequently recognized in the standard of identity for rice 15.525 Tale has also been listed paper GRAS in 121.101 for use in paper aa cra pie etal . 2. Subpart E of Part 121 is amended res as follows - =1,- ory es 2. is revised to read Food Ingredients 2Se0c0t5ionand is redesignated as 2005 and 121,2001 $ 121 121.2000 and 121.2008 to read as set forth below 121 In in In Ingredient whose use in food packaging is subject to a prior or approval within the meaning therefore appropriate to establish comparable procedures for the regulation of in cotton from Commissioner Ingredients subject to prior sanctions Section 201 of the Federal Food letter Drug and Cosmetic Act excludes from the definition of food additive 4 Any substance used in accordance with a sanction or approval granted prior to the this paraph enactment of pursuant to this Act the Poultry Products Inspection Act 7.3 451 and the following or the Science Inspection Act of March 4 1507 34 Science Idents -- 1250 as amended and extended 21 U.S.C. Ti and the following Pursuant to this grandfather clause a to coat independent food ingredient subject to a prior sancInvestigation A tion may not be regulated under the food ministrrae tiop n m oretd additive provisions of the law Such an be ingredient may however regulated under the general adulteration and mis- Clerk asbestos branding provisions of the Act and in 121.2006 particular may be banned from food if magnesium found to be a poisonous or deleterious substance in viclation of section 402 1 of the Act ; The and Drug Administration between Food between 1938 and 1958 armed many sanctions or approvals granted underthe Federal Food and Drugs Act of 1908 sanctions also granted additional DepartmeAnRt Food Drug approvals The U.S. T . culture has similariy granted many tions and approvals Not all sanctions and approvadlesstruction to him persons tained because of the can ascer- old records and the retirementpersonnel involved in these matters Food and Drug Administration requested_in- requested_in- formation on 35 PR prior sanctions 5810 in an files on efforctommplaeztees these matters more Whether or not a food ingredient is particles alter used as a result of a determination that It is GRAS or pursuant to a food addi- form in aging in 121.101 for use in classification as a food additive and cotton fabrics usedd ry pack- The will publish in this aging in an FDA opinion Subpart all known prior sanctions Any in chewing gum base and interested person may submit to the | Commissioner a request for publication an opinion letter for use as used in an of prior sanction supported by evi- agent forms 4 iv : dence to show that it falls within sec- food shapes Talc is a naturally cecurrin ri ydrous magnesium silicate without without -defined specifications or 141-142 recent publication 1141-1142 Idents September 17 1971 ence of asbestos- used independent has Food laboratory and Drug Ad- report copy Food Drug is on file with the Administration Hearing another form of tion 201 4 of the act b Based upon scientific data or information that shows that use of a priorsanctioned food ingredient may be injurious to health and thus is in violation of section 402 1 of the act the Com- missioner will establish or amend the applicable prior sanction regulation to impose whatever limitations or conditions are necessary for the safe use of the ingredient or to prohibit use of the ingredient magnesium silicate la carcino- and asbestos gporticleten therefore be injurious to ten ingested and since tale can rocessed to remove asbestos icles It is prudent to require that which is to be used in the manu- cture of food or food packaging be free free of asbestos particles Therefore pursuant to provisions of the Federal and Cosmetic Act secs 201 409 701 52 Stat 1055 and 72 Stat 1751 6a3s amended 21 U.S.C. 321 248 371 and under authority delegated 21 CFR 2.120 the Commissioner of Food and Drigs proposes to amend Part 121 as follows 1. Section 121.101 & amended as follows a Paragraphs 1 are amended adding of asbestos word tnic | the phrase free the particles 7 Tale a Tale is a naturally occurring hy- drous magnesium silicate for which no food grade specifications exist Tale is subject to a prior sanction for use in coating polished rice ; b Talc containing asbestos particles may be injurious to health Ac- cordingly any food or food packaging material containing tale that is not free of asbestos particles shall be deemed to be adulterated in violation of section 402 1 of the Act Interested may within 60 days after publication hereof in the FEDERAL REGISTER file with the Heaning Clerk . _ Department of Health Education and Welfare Room 6-88 5600 Fishers Lane Rockville Md 20352 written comments preferably in quintuplicate regarding this proposal Comments may be accom- panied by a memorandum or brief in support thereof Received comments may Five regulation or as a result of a prior tion the basis for such use should matter of public record The Com- . Assioner has therefore determined to b Paragraph d 8 is amended by adding the following entry in'alphabet- in'alphabet- ical sequence cae be seen in the above office during worwok rk-- ing hours Monday through Friday Dated August 1 1372 expand Subpart E under Part 121 within which will be established regula- tions governing all sanctioned di- 121.101 Substances that are generally . recognized as safe - 6AM D. FINE Associate Commissioner for Compliance Subj to Stipulation of Confidentiality Confidentiality & Order Soule et al v A.P. Green County MO