Document v178L6rvb9Y1eGBJXjZoKybN8

Federal Register / Vol. 51, No. 119 / Friday, June 20. .1980 / Rules and Regulations 22707 out in paragraph (a)(4) of the scope and standard. In some instances, the with the potential for high asbestos application section. Although'the record definitions used are consistent with exposures. Thus the action level in the indicated that the exposures associated those of other OSHA standards, e.g., revised standard provides for the most with the installation of new asbestos- "Director," "Assistant Secretary," and cost-effective means of employee containing products are typically much "Authorised person." However, certain . protection. lower than those occurring in asbestos other terms require definition because The final standard's definition of abatement work (Tr. 6/21, p. 5), there is they are used in accordance with their "demolition"--the wrecking or taking evidence in the record showing that meanings in the, construction industry. out of any load-supporting structural these operations can sometimes cause "Action level" is defined in the member and any related razing, high employee exposures, particularly if revised standard as an airborne removing, or stripping of asbestos specific work practices and engineering concentration of asbestos of 0.1 f/cc of products--is identical to that proposed controls are not used. air, calculated as an 8-hour time- by the BCTD in its recommended Paragraph (a)(5) of the revised weighted average. Several provisions of standard and parallels that used by the standard specifically includes asbestos the standard, such as initial monitoring, Environmental Protection Agency in 40 spill and emergency situations within employee training, and recordkeeping, CFR 61.141, the National Emission the scope of the standard, because these events clearly have the potential for serious employee and bystander exposures. Asbestos spills might occur during the handling of bags or containers of asbestos-containing materials or during the removal of a drop ceiling situated beneath badly deteriorated asbestos insulation material. The final group of activities listed in the scope and application paragraph includes the transportation, disposal, storage, or containment of asbestos or asbestos-containing products on the worksites at which construction operations occur. These operations are included because they have considerable potential for excessive employee exposure to asbestos, and, if not closely supervised and properly conducted, may lead to serious . bystander exposure as well. The Environmental Protection Agency (EPA) has specific requirements for the . disposalof hazardous waste, and'the revised standard's provisions for the safe disposal and handling of asbestoscontaining .wastes (paragraph (g)(1)(i)(F)) at<d of asbestoscontaminated clothing (paragraph (i)(3)) is consistent with EPA requirements. OSHA notes that the final standard 'has been carefully structured by the Agency to relate the stringency of the requirements lo.the extent and duration" of employee exposures. OSHA therefore believes that.no compliance burden will be. placed on. construction employers who either do not use, handle, or remove asbestos-containing products or who. maintain asbestos exposures in their workplaces.to levels below the action . level of 0.1 fiber/cc. The Agency believes that tailoring the revised are triggered whenever exposure Standards for Hazardous Air Pollutants measurements reach or exceed one-half (NESHAP). The term, so defined, has of the revised permissible exposure limit been included in the construction (0.2 f/cc). If employers are engaged in standard for asbestos to clarify the asbestos work causing worksite levels distinction made between major of asbestos above the action level for 30 asbestos abatement projects and small- or more days per year, they must also scale. short-duration operations. institute a medical surveillance program "Employee.exposure" is defined as for all employees. In addition, on sites that exposure to airborne asbestos that where food and beverages are would occur if the employee were not consumed and the airborne asbestos using respiratory protective equipment. level exceeds the PEL; the standard This meaning of the term has a requires employers to provide lunch precedent in many OSHA standards, areas that have airborne asbestos levels including ethylene oxide (29 CFR below the action level. 1910.1047), and has been incorporated in Past experience with the action level the asbestos standard because OSHA concept in other OSHA standards has believes it is essential to determine demonstrated its usefulness to employee exposure levels without the employers as an objective means of use of respiratory protection in order to determining a cutoff point for some . gauge the efficacy of mandated work mandated compliance activities, thus practice and engineering controls.. relieving them of some of their In keeping with other OSHA compliance obligations in situations standards that regulate exposure to wherehigher exposures do not occur. hazardous substances (e.g., Arsenic, 29 Many commenters in the rulemaking CFR 1910.1018; VinyfChloride, 29 CFR record advocated the inclusion of.an 1910.1017), the revised asbestos rule action level in the revised rule. These contains a provision requiring the commenters generally proposed that the establishment of regulated areas to aid action level be established at one-half In limiting exposure to asbestos. The the PEL recommended by that particular definition of "regulated area" in the cOmmenler. (Building and Construction revised asbestos standard covers two Trades Department, AFL-CIO. Ex. 330; types of regulated areas; the negative- Advisory Committee for Construction pressure enclosures mandated in Safety and Health, 84-424; United paragraph (e)(6) for major asbestos Brotherhood of Carpenters arid Joiners abatement operations, and the restricted of America, Tr.'6/27.;.International access required wherever airborne ' Brotherhood of Teamsters, Tr. 7/3: and - asbestos concentrations exceed or can . the Asbestos Information Association/ reasonablybe expected to exceed the North America. Ex. 328). Typical of - PEL. The fact that the revised standard these, commenters was the contains requirements for two types of recommendation of the Building and regulated areas reflects both the wide Construction Trades Department, AFL- differences in construction worksites CIO, which stated; and OSHA's approach in this standard In accordance with the original action level to dealing with this wide range in . standard in this manner responds to the concept as developed by NIOSH and exposure conditions. For example, the concerns of the Advisory Committee for Construction Safety and Health and to the evidence in the record as a whole. Paragraph (b)--Definitions recommended to OSHA for regulatory purposes.' the BCTD recommends that the action level be set at one-half the BCTD. proposed PEL TWA. (Ex. 330.) Action levels are important because restricted access regulated area required in paragraph (e)(3) is an area that is demarcated in any manner that will alert employees to the existence of.an area where airborne asbestos levels are'. i;- Paragraph (b) of the revised asbestos . their use permits employers to likely to exceed the PEL; this provision standard for the construction industry concentrate their resources oh those is included in all OSHA health defines a number of terms used in the employees and workplace conditions standards, and was a requirement in GLEASON-000955