Document rpnr2DqJyNVorEMxDw7ORoV5V

:>*> -k- . Asbestos Information Association/North America 22 East 40th StrMt Mw York. N. Y. 10016 - <212} J661-4206 . .* i-: . '"> <r *3V- , JluCfilVM rtsj2- _ July 5, 1972 T. A. DENT TO: AIA/NA MEMBER COMPANIES AIA/NA ENVIRONMENTAL CONTROL SUB--COMMITTEE AIA/NA LEGAL COUNSEL James Armstrong -- Bendix Corporation E. c. Bratt - H- iL. Porter Company* Inc, G, CL. Gibi'ifliwni Jr. -- Ktcolefc Industries, Inc. . Bernard Gross American Bilt Rite Rubber Company J. Hall GAP Corporation H. M. Jackson Johns-Manville Corporation W. n. Johnson Union Carbide Corporation A. R. Hooker The Flintkote Company C. A. Nr neinn Kentile Floors Incorporated G. W. Nickel Armstrong Cork Company Clifford Seymour The Carborundum Company J. R. Stetson Congoleua Industries, Inc.. Philip Weinstein Evertex Incorporated G. W. Wright, M.D. St. Luke's Hospital Gentlemen: .A A meeting was held in Washington last Thursday between the AIA/NA and representatives of the OSHA standards development and compliance sections. Attending on behalf of the AIA were John Marsh, Raybestos-Manhattan; Paul Weiner, GAF; Hugh Jackson, Johns-Manville; Frank Zimmerman, National Gypsum; Bradley Walls, AIA/NA Legal Counsel, and M. M. Swetonic, AXA/KA Executive Secretary. OSHA was represented by John O'Neill and Harry Gilbert of Standards Development; and Ray McClure of Compliance. . . The purpose of the meeting, as was discussed at the Association meeting on June 22, was to clarify a number of points with regard to the interpretation and enforcement of the asbestos standards. Because the standards are to go into effect this . _. .week, we considered it imperative, to provide you with the ' - basic points of interpretation and compliance established ' at the meeting. A more complete report os the meeting will be forthcoming in the near future. -? ^ UjU k* **44.<**j , Slb*V# S ` |i, AtlM A tur bo,.. * tM . C.-- < tv, . sm < > . Ttt0* :. , c. . `*1 m* H+****tr* M.< `. im. ..CfVLL' Jt - n . -2- ?he* following are the mein areas discussed and the decisions reached: - 1. LABELING: The AIA/NA is applying for a temporary industry-wide variance cn the exact wording of the labeling requirements of the standards, in order that existing supplies of boxes, cartons, bags, etc* containing a label with wording somewhat different than that called for in the standards will be permitted . until they are used up* As long as the label currently being used contains basically the same information as the required one, it will be acceptable to OSHA until stocks are used op* ^ Products to be labeled should fellow the list ing submitted by Dr. Fred Fundsack of Johns-Manville to OSHA following the March hearings* A copy of Dr. Pundsack's list, with minor alterations, is attached for your --- information. - No product which requires labeling will be. permitted to be used without any label until existing stocks of non-labeled bags, etc* are used up. A stick-on label of some type would be satisfactory. The site, color, placement, etc* of the label is left to the discretion of the employer, as long as the label is "readily visible and legible." A good rule to follow would be: if you are trying to hide the label, OSHA will probably not accept it. 2* CLOTHES LOCKERS: Separate clothes lockers are required only for employees working at levels in excess of the five fiber TWA. 3. It was the intention of OHIIA to require Typo "C" supplied-air respirators and protective clothing only for insulation and fireproofing spray applications* AIA/NA will apply for a modification of the law to cxcluue other types or asbestos-spray applications from these requirements -Moro- 01-02l5^rJ JZESPX3UCT0BS i There is a mistake Is the standards"' in. paragraph <d) 12) (ii) Powered Air Purifying * >.I- first.: wifniCT f mK full facepiece powered air purifying respirator, or a powered air purifying respirator, or a respirator etc "A full facepiece powered air purifying - ` respirator, or a respirator etc She-phrase *or a poueredair purifying zepintor^ should he deleted. / "V. . _. MONITOHING AND PHYSICAL EXAMINATIONS: Company monitoring and physical examinations should be /: conducted on all employees vho regularly with asbestos and are exposed to airborne fiber,-'" .' as well as on maintenance men. oomoanv industrial'-* feels require monitoring and physical 'r examination because of the nature of their work or because of their close proximity to " `T ~ dusty asbestos operations. This would exclude / . office personnel, most people working in ': non-asbestos using sections of an asbestos - manufacturing operation, etc* .\ CITATIONS3 A company's own monitoring or other records will not be used as evidence to issuxe citations, nor will they be used to give a plant a clean bill of health. *r,~ OSHA INSPECTIONS: OSHA industrial hygienists will take dust samples, if at all possible, for a full eight hours, perhaps divided into two four hour samples. In addition, samples will bo- taken on more than one day.,. so that . -armomo: accurate count can be produced. Ceil: . sampling periods will be at the discretion `of the OSHA hygienist. Ceiling samples as short as five minutes may be taken if deemed appropriate. Under some circumstances i.' -vi> (an obviaualy very hwy dnit ^mjiu , -cmly oeiltm? ~-saepig way be-taken# bat this ^` v would sot be normal practice, ^ployers will be given .specific dost counts only if they -. are in excess of the standard* Coasts taken by BIOSH hygienists will be reported to QSHA# -: H-. hut will not be need by J3SHA lor- yscposts el. - Is wing-citations, .r * * V,;^> ' ,.-1.h*"-- ** '' . EMPLOYES BOTIFICATiaW: On the question of -- notifying employees if -they are found to be .. - >5>`<*, * . working in dust conoentrti am . ^mss.^ neither Ofleill'or Tlrnmr --mln. art i i .. - ' decision whether the notification clause in ' ."T . the standard vould be satisfied by the posting . ' on a plant bulletin board of stations above ~ ~- TWA# or whether a more individualized approach# ... --J such as sending the employee a registered letter* would be required. Tt answer this question# we were asked -to write to the solicitors office ....... in OSBA for a ruling. Unfortunately# je prior' : informal conversation between Paul l?e&er of ' GAP and a member of the legal staff of OSBA . rV:V. indicated that the answer to such a -question r'.*:'Ty . would be in favor of the registered letter- : -. . / approach. As a result, we have decided not ' 5 - to submit this question for a ruling# but will ' ' : leave it up to each company in the industry to - >*:' decide invchat manner it wishes to abide by . >* this. Twyilriernt#and lait tp set if board notification will be challenged,by OSHA, - * ' regional inspectors, . ' In general# the-concensus .of the AZA group that attended the _ . .: ' ;^%.i Vashingtoa mneH ngwas^thn^-thk.bndustgyi coaid expect-r<esonahlevr-^r^'-- .... treatment from. OSBA as long as-the industry did not try to . . - . circumvent the intent of -the regulations. For example# the ^ .. %&,various requirements in. the standard for protective clothing# : ... / change rooms#; separate lockers#**etc, have as their purpose -- , v the preventing of* exceseive^aaouRts of asbestos dust being - carried borne on <s a^Liayel*ii ciotie< bcs vorit. :-4t long as - ^this -purpose Is achieved, the* industary will be given wide * ' " 1~ latitude as to the types of protective clothing# footwear and headgear required! the location and si2e of change rooms; -. .it v _ ..s. 'Sfc-.:r.r .' . - . . . -More 01-0215426 5-- **'* rdl; the distance between separate lockers, etc. In short, the industry is free to interpret many sections of the regulations -mm- if sees ZtU sa Jfieg as the spirit sad intent of the - ~ "laW l9 otaerved. Sincerely, Matthew M. Svetonic Executive Secretary NOTE* The following is the new address and telephone number - of the UVA effective iif illately. Asbestos Information Association/Sorth America ` 22 East 40th.Street Suite 1611 New York* New York 10016 . ... .. , 212- 6BS-3378 . Oi-021