Document rpojek9ow7QjV5GjEw12mRKnv
VA'i.
the
Refractories institute
3154 ONE OLIVER PLAZA
Pittsburgh, pa. 15222
ornoc or thc Executive BCCftCTAftV
T
January 17, 1972
To the Official Representative of Each Member Company in the United Statesi-
Subject: OSHA Proposed Rule
Your attention is called to the attached proposed Federal Rule, "Standard for Exposure to Asbestos Dust." The proposed exposure standard is more strict than previous standards and is now in effect as a temporary standard. Also, notice Table G-3 incidentally published here which gives standards regarding Silica exposure.
Very truly yours
Bradford S. Tucker Assistant Executive Secretary Ene1
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PROPOSED RULE MAKING
DEPARTMENT OF LABOR
Occupational Safoty and Hoalth
Administration
129 CFR Part 1910]
STANDARD FOR EXPOSURE TO
ASBESTOS DUST
Notice of Proposed Rule Making
Section 6(e) of the Wllllams-Steiger Occupational Safety and Health Act of 1970 ( 84 Stat. 1598; 29 UjS.C. 655) pro vides that upon the publication of an emergency temporary standard In the FmctAL Register the Secretary of Labor shall commence a rule making proceed ing In accordance with section 6(b) of the Act,, and that the emergency standard as published shall also serve as proposed rule for the proceeding. An emergency temporary standard concern ing exposure to asbestos dust was pub lished In the Fxcxaal Register on De cember 7, 1971 <36 PA. 23207). Accord ingly, pursuant to section 6 <b) and (e) of the Wllllams-Steiger Occupational Safety and Health Act of 1970 (84 Stat. 1593, 1596; 29 UA.C. 855). 29 CFR 1910.4. and Secretary cf Labor'* Order No. 12-71 (36 PA 8754), It la hereby proposed to amend 29 CFR Part 1910 as set forth below. The proposals feiclude the emergency temporary standard end additional proposed rules on subsidiary issues.
Interested persons are Invited to sub mit, both orally and in writing, data, views, and arguments concerning these proposals.
Written data, views, and arguments may be mailed to the Office of Safety and Health Standards, Room 305. 400 First Street NW- Washington, DC 20210. with in 30 days after the publication of this notice In the Ftaxau. Register. The data, views, and arguments will be available for public Inspection and copying at the Office of Safety and Health Standarde, except es to matters the disclosure of which la prohibited by law.
Oral data, views, and arguments will be received by Hearing Examiner Arthur Goldberg, at a hearing beginning at 10 am. on Match 14, 1972. In Conference Room B. Departmental Auditorium. 14th Street and Constitution Avenue NW. Washington, DC. Persons desiring to ap pear at the hearing must file with the Office of Safety and Health Standards a notice of Intention to appear, no later than March 3, 1972. The notice must state the name and address of the per son to appear, the capacity in which he will appear, and the approximate amount of time required for his presentation. The notice must also include, or be ac companied by. a statement of the posi tion to be taken with regard to the pro posed rules.
The oral proceedings shall be reported verbatim, and transcripts shall be avail able lor inspection to any Interested per son on such conditions as the presiding
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PROPOSED RULE MAKING
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hearing examiner may prescribe. Hie hearing examiner shall regulate the
Mpprf
ftlf/M
paragraph are not feasible or do not re duce the concentration of asbestos dust
course of the oral proceedings, dispose of procedural requests, objections, and
similar matters, regulate the conduct of
those present at the hearing by appro-
Amorphous. Ineludln* Datura! <U*tomaecous earth..................
below the limits prescribed in paragraph
SO
SOmc/M1
%aiQi
(a) of this section, the employer shall require the use of respiratory protective
devices. The selection of respiratory pro
pnaie means, and shall exclude to the Silicates (less than 1% erye
tective devices shall be limited to those
extent practicable irrelevant, immaterial, rind unduly repetitious data or argu ments The hearing examiner shall have
Ulme iliic*):
Mies.........................................
20
Soapstone...................................................... 30
Talc.........................................
20
specified In paragraph (c) of this section. (ii) The employer shall require that
each employee test his respiratory pro
discretion to keep the record of the hear ing open for a reasonable, stated time to
Toriiand erment...................
Oronlilte (nnlafA1)................... Coal dint (rrplntble fraction
50 IS
tective device before each use in order to insure a proper fit according to the
receive written recommendations, and additional daw. views, and arguments from any person who has participated in
Icm than 6% filOi)...................................... 1 4mt/M manufacturer's Instructions The em
Por more than 6% SiOi......................
or 10ai(/M*
ployer shall further provide for effective training or supervision of employees in
the oral proceeding. Upon completion of the oral proceedings, the transcript
Inert or NuUaik# Dust: flmplrahlo fraction...............
%8IOH-3 the testing of respiratory protective de IS Imf/M* vices for fit before their use.
thereof, together with written submis
Total dust...............................
SO lSmc/M1 <c) Allowable respirators. (1) When
sions on the proposed rules, exhibits filed
the 8-hour time-weighted average con
during the hearing, and any posthearing Noti Convention factor*--
centration of asbestos dust is projected
data, views, arguments, and recommen dations shall be certified by the hearing
mppdX35.3-milllon pnrttetM per cable meter particles por e.e.
I Millions of pnrtlclrc per aible foot of sir, baaed on
to exceed 8 fibers longer thRn 5 microns per milliliter, but not to exceed 25 such
examiner to the Assistant Secretary of Labor for Occupational Safety and
Implupcr samples counted by lleht-fleld technic* < The |M*rcrnlivo of crystalline silica In the formula
h the amount determined from atr-borne wimple*,
fibers, and when a concentration over a period of 15 minutes exceeds 10 fibers
Health for his decision. The Assistant Secretary may adopt the proposals with or without changes, or determine not to issue a rule.
Under the authority of section 6(b) (1)
eieept In tho.<c Instances In which other methods have
been ilnwn to be Applicable. i As determined by the membrane filter method at
430 X phase contrast magnification. both concentration and percent Quarts for the
application of this limit are to be determined from
the fraction passing a tue-aelectof with the following
longer than 5 microns per milliliter, but does not exceed 50 such fibers, a re usable or single use filter type respira tor, operating with negative pressure during the Inhalation phase of breath
and section 7<b) of the Act. the Assist charectensltcs.
ing. approved by the U.8. Bureau of
ant Secretary of Labor for Occupational
Mines under the provisions of 30 CFR
Safety and Health will request the recommendations of an advisory com
Aerodynamic diameter (unit demity uphcre)
Parent paselnc elector
Part 14 (Bureau of Mines Schedule 21B), shall be used.
mittee with regard to the proposed rules.
(2) When the 8-hour time-weighted
The committee will be provided with copies of these proposals, together with
2 25 35
* 75 50
average concentration of asbestos dust Is projected to exceed 25 fibers longer
all pertinent factual information which is. or may become, available to the As
50 10
26 than 5 microns per milliliter but not to 0 exceed 250 such fibers, and when a con
sistant Secretary, including any infor
centration over a period of 15 minutes
mation submitted by the National Insti
'The measurement* wider thl* note refer to the aeo of 1 an AEC Instrument If the resptmble fraction of coal
tute for Occupational Safety and dust Is determined with a M ft E the figure corresponding
exceeds 50 fibers longer than 5 microns per milliliter but does not exceed 500
Health. The advisory* committee will be to that of 2.4 Mg/M* In the teble for cool dust I* 4.5 Mg/Mi such fibers, a powered filter positive
asked to submit to the Assistant Secre __2._A new } 1910.93a Is proposed to be tary written recommendations regarding (added to Part 1910, reading as follows: these proposed rules within 45 days after
pressure respirator approved by the US. Bureau of Mines under the provisions of 30 CFR Part 14 (Bureau of Mines Sched
the publication of this notice. The 1910.93n Asbestos dust.
ule 21B) shall be used.
recommendations will be available for (a) 8-hour time-weighted average. (3) When the 8-hour time-weighted
public inspection and copying. No other The 8-hour time-weighted average air average concentration of asbestos dust
advisory committee will be consulted borne concentration of asbestos dust to is projected to exceed 250 fibers longer
with reeard to these proposed rules.
which employees are exposed shall not than 5 microns per milliliter a type "C"
part 191Q of Title 20 of the Code of exceed 5 fibers longer than 5 microns per positive pressure supplled-air respirator
Federal Regulations is proposed to be milliliter, as determined by the mem approved by the UB. Bureau of Mmes
amcncTcd is follows!^
brane filter method at 400-450 x (mag under the provisions of 30 CFR Part 12
r 1910.9-3 Amended]
1. Table G-3 In 9 1910.93 (36 PJl. 15104. August 13.1971) is proposed to be amended by (deleting-the following:
nification) (4 millimeter objective) phase contrast Illumination. Concentra tions above 5 fibers per milliliter, but not to exceed 10 fibers per milliliter, may be permitted up to a total of 15 minutes in
(Bureau of Mines Schedule 19B) shall be used.
(4) The employer shall establish a respirator program In accordance with the requirements of American National
./A6bcstfls-l2 fibers per milliliter greeter than an hour, but for not more than 5 hours In Standard Practice for Respiratory Pro
I
5 microns In length er * 2 Mppcf.
an 8-hour day.
tection Z88.2--1969.
V Trcmollte 5 Mppcf.
| jf U so amended. Table 0-3 would read I pns follows:
(b) Methods of compliance--(1) Engineering methods. Engineering methods, such as, but not limited to. en closure. vacuum sweeping, and local ex haust ventilation, shall be used to meet
(5) The respirators provided each em ployee shall be properly inspected, cleaned, repaired, and stored.
(d) Particular operations and prod ucts. (1) When an employer has employ
Tahir O-3-MiNtSAl Dv*TS
the exposure limits prescribed in para ees who are exposed to asbestos dust re
graph <a of this section. Where such sulting from the operations or the use
cngir.ecnnr methods arc not feasible, or of toots described in the remaining sub
do not reduce the concentrations below paragraphs of tills paragraph (d>, the
the limits prescribed in paragraph (a) employer shall comply with the require
t^u ift> irMptniW*).........
450 lOmc/M** of this section, respiratory protective de ments of this paragraph. The require
Qinrtt (tout dust).........
7,SI0r+l .................. *
%8lO+3 JOmg/M1
vices shall be provided and used in ac cordance with subparagraph (2) of this
ments of this paragraph shall apply at all times, and, in addition, the require
paragraph.
ments of paragraph (b) of this section
t'e v A'tie c ,'eul.tiM from the conn*, or moM formulae for
'in \r't
(2) Other methods. (1) When the may also apply, according to the terms limits of exposure to asbestos dust pre thereof. scribed in paragraph (a) of this section (2) All hand- or power-operated tools
Tri-lymi** Use IS* *!o* fAiruptert from the for* muite fur quarts.
arc exceeded, and engineering controls which produce asbestos dust such as, but required by subparagraph (1) of this not limited to, saws, scorers, abrasive
*95*At WIST**. VOl. 37, NO. 7_W*DNfS0AV. JANUARY U. W*
16158
4 IX)
nimwi^W
wheels, and drills, shall be provided with local exhaust ventilation and dust col*
lectors in accordance with the American National Standard Fundamentals Gov erning the Design and Operation of Lo cal Exhaust Systems; AH6I Z.3A--1971.
(3) Employees exposed to the spray ing of asbestos, to the demolition of pipes, structures, or equipment covered or insulated with asbestos, or to the demolition of Insulating strippings, shall
be provided with respiratory protective devices in accordance with paragraph (c) (3) of this section.
(4) Asbestos cement, mortar, coatings,
grout, and plaster shall be mixed in
closed bags or other closed containers. (5) Asbestos waste and scrap shall be
collected and disposed of in sealed bags or other closed containers.
(6) Accumulation of asbestos dust shall be removed, as soon as practicable,
and only by vacuum cleaners.
(e) Warning signs-- (1) Posting. Warning*signs shall be provided and displayed at each location where asbestos dust hazards are present. Signs shall be posted at least SO feet in each direction
from the location where the hazard is present, and at Intervals of not more than 100 feet along each edge of the area where the hazard is present.
(3) Sign specifications. The warning signs shall conform to the requirements for 20" x 14" vertical format signs speci fied in I 1910.145(d) (2), and to this par agraph. The signs shall display the fol lowing legend in the white panel, with letter sizes and styles of a visibility at least equal to that specified in the nota tion In the following column to the right:
puit Hazard.
Follow these........... Safety and Health
Rule#.1 * * * S.
1. Avoid breathing dust.
g. Wear your respirator.
S. Do not remain tn area unless your work requires It.
Asbestos dust may otwus asbestosle. a qvere lung disease, and is iropUcated in
the development of
certain eanoars. Con trol of exposure to asbestos dust helps protect against these hazards.
Notation F* 6ans Ssrlf
Oothio or Block.
Sans Serif Ootbic or Block.
Oothie. Sans Serif Gothic or Block. K" Oothio.
W" Oothio,
*"Oothie.
14 petal Oothio.
(3) Spacing. Spacing between lines shall be at least equal to the height of the upper of any two lines, except lhAt the spacing between "Following these" and "Safety and Health Rules" shall be at least
(f) Monitoring-- (1> Personal. Em ployees engaged in the particular opera tions or using the particular tools speci fied in paragraph (d) of this section, or exposed to concentrations of asbestos
dust in excess of the limits specified in paragraph (c) (3) of this section shall be monitored in accordance with thm paragraph.
(1) Method. Dust samples shall bo col lected from within the normal breathing zone of the employees in their normal working posture. Employees wearing res piratory protective devices shall have the sample taken from a point located on the exterior of the respirator facepiece.
(ii) Procedure. The sampling proce dure shall be such as to permit the de terminations required by paragraph (a) of this section.
(iii) Sampling duration. The sampling duration shall be for a period of not less than 15 consecutive minutes.
(iv) Sampling frequency. Sampling periods shall be of such number and pattern as to represent accurately the exposure of the employees over their working period.
(2) Environmental. Environmttital monitoring shall be oonducted in all areas in which employees are exposed to concentrations of asbestos dust in excess
of the limits specified in paragraph (a) of this section.
(1) Method. Asbestos dust samples shall be collected from areas which are representative of the concentration of airborne asbestos dust which may reach the breathing zone of exposed employees.
Cii) Procedure. Sampling prooedure shall be such as to permit the determina tions required by paragraph (a) of this section.
(iii) Sampling duration. Sampling du
ration shall be for a penod of not less than 15 oonsecutive minutes.
(iv) Sampling frequency. Sampling periods shall be of such number and pattern as to represent accurately the exposure of the employees over their workuig period.
ig) Medical examination*. The em ployer shall provide, or make available at his cost, appropriate medical exami nations on a periodic basis to any em ployee who is exposed to asbestos dust in excess of the limits specified in para, graph (a) of this section.
<h> Records. (1) Every employer shall maintain records of the personal and environmental monitoring, and of the medical examinations, required by para graphs (f) and (g) of this section. Such records shall be maintained for at least 20 years.
(2) The records of monitoring shall be made available for inspection and copying to the Secretary of Labor and to his designated representatives.
(3) The records of medical examina tions shall bo nmrio available only to the Secretary of Inbor, to the Secretary of Health. Education and Welfare, to desig nated representatives of either of them, and, at the request of the employee or former employee examined, to his physician.
3. A new S 1910.10 Is proposed to be added to Subpart B, reading as follows:
6 1910.19 Aebceloe duel.
Section 1910.93a shall apply to the ex posure of every employee to asbeetoe dust
in every employment and place of em ployment covered by 31910.12. IOJG.is, 1910.14, 1910.15. or 1910.16 of this Sub part B, In lieu of any different standard on exposure to asbestos dust which would otherwise be applicable by virtue of any of those sections.
(Soo. 0, S4 8t*t. 1693; 30 USC. 666. 39 CFR 1910.4: Secretary of liter's Order Ko. 13-71, 36 PA. 6734)
Signed at Washington. D.C., this 6th day of January 1972.
G. C. Gozktuer, Assistant Secretory of Labor.
(FB DOC.72-403 Piled 1-11.73; 8:46 4m]
FUIIU ItOitlU, VOL 37, NO. 7--WIONitPAV, JANUA1Y 12, 1973
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