Document vV0vq0E24pjwXEY9ZrvYbJ2JZ

II OC I4S-S PLAINTIFF'S EXHIBIT Ta (NmJ Mfeha IraGu V. P. Bayes Speedway Factory Dr. Cf U. Dernehl W^TiKrassick J. LaFrance P. W. McDaniel * B. M. Neary Mi Ottgkatiag Dtpl. Amwrlng kthr Alt SrtfMt June 27, 1972 SAFETT AFFAIRS DEPARTMENT OLD SAW MILL HIVCR HD.. TARRVTOWN. N. T. !OSl Occupational Safety and Health Standards Exposure to Asbestos Dust - Attached is a copy of. amendments to the OSHA regulations which appeared in the June 7> 1972 Federal Register and become effective July 7, 1972, except for the amendment to Paragraph (b) (2) of 1910.93a which becomes effective July 1, 1976. The following amendments appeared in the attached. 1. Section 1910.93 is. amended by revising Table G-3 to delete the asbestos entry. - 2. A new See-tion 1910.93a is added on asbestos, including permissible exposure, methods of compliance, personnel protective equipment, etcr t } 3. A new Section 1910.19 is added which applies Section 1910.93a to "the i ; exposure of every employee to asbestos dust in every employment and \ place of employment covered by. . .etc." - . As you know, the OSHA regulations under Part 1910.93 cover silica, calcium oxide, and asbestos, all of which are being handled by the Speedway Factory. Yours very truly, TEW/jfc Enclosure T. E. Willoughby .A 217 2 7 X 41 - --tj' fc' 3 1972 '1 1 j 11318 RULES AND REGULATIONS tions for an Occupational Exposure exposure to asbestos fibers and the ap PART lO^ARTICLESCONDITIONALLY Standard for Asbestos by the National pearance of adverse biological manifes FREE, SUBJECT TO A REDUCED Institute for Occupational Safety and Health (NIOSH). Public notice was given tations, such as asbestosis, lung cancers, and mesothelioma, have given rise to RATE, ETC^v of the receipt of the recommendations controversy as to the validity of the Fre* WilhdrawaDqf'Supplies and Equipment' foKAIreraft,-- and their availability for inspection and measuring techniques used and the relia copying. On or about February 35, 1972, bility of the relations attempted to be the Advisory Committee on Asbestos Dust established. Because of the long lapse .In accordance with scHioh 309(d), submitted its written recommendations of Ume between onset of exposure' and Ta.iriff Act ot 1930, u *jnendecK119 U.S.C. to the Assistant Secretary of Labor for biological manifestations, we have- now /1133009(d))/the Department of Cinnmerce has found And under date of Apr^l 25, 1972. has advisqd the Treasury Depart ment that Poland allows privileges to aircraft registeredMn the United States and engaged In forelgp trade substan- Occupational Safety and Health. Pursuant to the notice of rule making, a hearing was held on March 14 through 17,1972, for the purpose of receiving oral data, views, and arguments concerning the proposed standard. On or about evidence of the consequences of exposure, but we do not have, in general, accurate measures of the levels of exposure oc curring 20 or 30 years ago, which have given rise to these consequences. There are also controversies concerning the v tlally reciprocal to thosK'provlded for In March 31,1972, the presiding hearing ex relative toxicity of the various kinds of Sections 309 and 317jOf thfcsTariff Act of aminer certified to the Assistant Secre asbestos, and varying hazards in dif 1930, as amended ,(19 TJ.S.C.N1309>J*17). tary of Labor for Occupational Safety ferent workplaces. Thdaame privileges are therefoMhereby and Health the record of the proceeding. It is fair to say that the controversy - extended to aircraft registered irrPoland The'record includes prehearing written has centered in the area between a twoand engafced in foreign inside effective as comments, a transcript of the.oral pres- fiber TWA concentration and five-fiber of the date'Nrf such notification. i entations made at the hearing, and nu TWA concentration, with variations on Accordinelvb naraemph (f) of 1 10 59, merous exhibit's receiv"d during the the time needed lor compliance. Many m customs regulations, is amendedJ>r the course of the hearing or within the pe employers support a five-fiber TWA. [j insertion of Polanti^In appropriate al riod allowed after the dose ot the Most medical opinion Is divided between 11 phabetical order and she number of this hearing. - a two-fiber standard and a five-fiber |j Treasury decision In tBv^opposite col- - The proposed standard dealt with (1) standard. headed "Treasury Decision(s)" in permissible concentrations of asbestos In view of the undisputed grave con Jist of nations- in that paragraph. fibers; (2) methods of compliance; (3) sequences from exposure to asbestos (So I, 300. 317. *24.' SB SUL no. Mdsodad, cse. 1817, 1634) / tKCALly Runs, feting :er of Customs. warning signs; (4) monitoring; (5) med ical examinations; and (6) recordkeep ing. Each of these major proposals elic ited comments, arguments, objections, and counterproposals. They all have been examined and considered. fibers. It is essential that the exposure be regulated now, on the basis at the best evidence available now, even though it may not be as good as scientifically de sirable. An asbestos standard can be re evaluated In the light of. the Jesuits of Approved Etrcrax.-T. Assistant < ^yrrtatarg. 1972. of the 1. Acceptable concentrations of asbes tos dust. The proposed standard would limit occupational exposure to 8-hour time-weighted average (TWA) airborne concentrations ot asbestos dust not ex ongoing studies, and future studies, but cannot wait for them. Lives of employees are at stake. It is concluded that there should be one minimum standard of exposure to [FR D0C.73-U7S Filed SS-n.S.SO am] ceeding five fibers longer than fire asbestos applicable to all workplaces ex micrometers per milliliter. Concentra- posed to any kind, or mixture of kinds, V tions above five fibers but not to exceed of asbestos. Reasons of practical ad Title 23--LABOR \l0 fibers (ceiling concentration) would ministration preclude a variety of stand \be permitted up to 15 minutes in an hour. ards for different kinds of asbestos and Chapter XVII--Occupational Safety and Health Administration, Depart ment of Labor * "*more " 6 hour* one NIOSH In effect has recommended that the five-fiber TWA and 10-flber of workplaces. Also, while the evidence tends to show that crocidolite, for in stance, is more harmful than chrysotile, the evidence is not sufficient to establish PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS peak concentrations be permitted only for 2 yean; thereafter, TWA concentra tions should be not more than 2 fibers separate standards lor varieties of asbestos. Because there must be one standard Standard for Exposure to Asbestos Dust per cubic centimeter (cm.*) of air, and governing exposure to all varieties of peak concentrations should not exceed 10 asbestos, and in workplaces apparently fibers/cm.*, with no time restriction. more hazardous than others; because On December 7, 1971. an emergency 'Numerous objections and. counterpro some present employees with regular ex temporary standard concerning exposure posals have been made, with regard to posure to asbestos have probably al to asbestos fibers was published in the both the limits of asbestos fiber concen ready accumulated great doses ot asbes Federal Register (36 FJl. 23207). In ac trations and the time periods to comply tos fibers, due to higher levels of ex cordance with section 6(c) (3) of the Wil- with them. Some, for example, have rec posure in the-past; because It appeals liams-Stelger Occuptaional Safety and ommended return to a 12-fiber standard that levels of exposure which may be Health Act ot 1970, a notice of proposed of an earlier day; l.e,, a level adopted safe with regard to asbestosis are not rulemaking regarding a permanent under the Walsh-Healey Public Con safe with regard to mesothelioma; be standard for exposure to asbestos fibers tracts Act in 1969. Others have recom cause the statute requires the protection was published in the Federal Register on mended a two-fiber standard to become of every employee, even of one who may January 12. 1972 (37 FJt. 466). The no effective in 6 months, then a one-fiber have regular exposure to asbestos during tice invited interested persons to submit standard for 2 years, and finally a zero- a working life which may reach, or even both orally and in writing, data, views, fiber standard after 3 years. These rec exceed. 40 years; and because of several and arguments concerning the proposal. ommendations give a fair indication of other considerations which have been On or about January 24,1972, the Ad the wide spread of the counterproposals. urged and are reflected in the record of visory Committee on Asbestos Dust was No one has disputed that exposure to the proceeding, the conflict in the medi established and requested to make writ asbestos of high enough intensity and cal evidence is resolved in favor of the ten recommendations with regard to the long enough duration is causally related health of employees..As of July 1. 1976, ;. proposed standard on asbestos. On or to asbestosis and cancers. The dispute is TWA concentrations of asbestos libers about February I, 1972, the Department as to the determination of a specific level longer than 5 micrometers will, not be .; of Health, Education, and Welfare trans below which exposure is safe. Various allowed^ to exceed_two_fibers/cc.. with a ; mitted to the Secretary of Labor a cri studies attempting to establish quantita ceilKg"value of 10'flbers/cc. The current . . teria document containing Recommends- tive relations between specific levels of TWA concentrations of five fibers, and f FEDERAL REGISTER, VOL 37, NO, JUNE 7, 1973 'X4J5689 RULES AND REGULATIONS . 11319 , celling concentrations of 10 flbers/ec, fibers, so that these would not be released 6. Records. The standard, as proposed I will be permitted until July 1, 1976, dur- in the normal use of the products, should and as adopted, requires maintenance of . I ' lng what will be a transitional period not be required to be labeled; and (2) records of monitoring and of medical {deemed necessary to allow employers to words such as "danger" and "cancer" are examinations. Most of the controversy In i *: iriaire the needed chances for coniine unwarrantedly tlanning. this area has revolved around the ques ; into compliance with the more stringent Both contentions have merit, and the tion whether an employer should be al 4> standard. standard has been changed accordingly. lowed to have access to the results of The record shows that the many work 4. Monitoring. The proposed standard the required medical examinations. The operations subject to the single asbestos would have required personal monitor apprehension of those who have argued standard (textile, manufacturing. Indus ing and environmental monitoring. against employer access Is based on the trial, and marine installation, etc.) will Many issues have been raised concerning expectation that some employers will use meet varying degrees of difficulty In the availability and reliability of meas the medical examinations as a means of complying with the standard. In some uring Instruments, frequency of moni screening employment applicants, and plants, extensive redesign and reloca- toring. and conditions in which monitor worse, as grounds for discharging current < tton of equipment may be needed. It ap- ing should be required. The adopted employees, who show signs of being af ] pears, however, the delay In the effective standard takes the objections into con fected by exposure to asbestos. Since the I date of the two-flber standard will pro- sideration. It requires periodic monitor purpose or the medical examinations Is I vide all employers a reasonable time to ing at intervals no longer than 6 months, to monitor the health of employees ex : comply. At the same time, so long as the thus allowing considerable time and dis posed to the hazards of abestos, em ceiling limit Is compiled with, no harm cretion. and prescribes the use of the ployees cannot in reason be granted the Is reasonably expected to result from ex membrane filter method, which Is an ac privilege of refusing to disclose to their posures during the transitional period. ceptable method for determination of employers results of occupational expo 2. Methods of compliance. XL lias been asbestos fibers. sure. It does not make sense to require pointed oat by many persons, that pro It baa also been recommended "that employers to provide medical examina tection against asbestos fibers Is best employees or their representatives should tions if they cannot know and use the -obtained by controlling the generation of have an opportunity to observe the results of the examinations. For these fibers first, and secondly, by controlling monitoring. The recommendation has reasons the standard provides that em the dispersion of released fibers into the been accepted. ployers may have a restricted access .to aunbient air of the workplaces. Therefore, 5. Medical examinations. The pro some medical Information. the standard requires feasible techno posed standard would only require an On the other hand, there Is no inten logical controls and appropriate work appropriate medical examination on a tion to allow employers to abuse medical practices as the primary means of com periodic basis. The generality of the pro Information obtained pursuant to the pliance. Rotation of employees as a way posal has attracted many objections and Act, to the detriment of employees. *of meeting the TWA concentration re also many helpful comments. The recom Therefore, the administration of the quirement Is allowed only In stated ex mendations of NIOSH and of the Advi medical records requirement will be ceptional circumstances, because, as a sory Committee on Asbestos Dust were closely watched, and, in cases of abuse, general rule, it would be difficult to lm- much more specific with respect to both appropriate action will be considered. ( piement. Personal protective equipment, such as respirators, cannot be relied upon because, among other reasons, they may be so uncomfortable as to be bur, densome. except for short periods of | time. Therefore. It Is expected that res< plrators and shift rotation will be used j during the period necessary to install en' glneerlng controls-and to train employ ees In sound work practices, but, after ' technological compliance has been - achieved, their use must be' hunited to | special work situations and emergencies.' {{ Where both are practicable, shift rota- tion 1s required. 3. Labeling. The proposed standard stopped short of requiring labeling as bestos and asbestos-containing products. frequency and type of medical examina tions to be required. The comments vary as to the class of employees to be ex amined and as to the frequency of the' examinations. The adopted standard requires medical examinations both at the beginning and the termination of employments exposed to concentrations of asbestos fibers, and also requires annual medical examina tions of every employee exposed to air borne concentrations of asbestos. It has been pointed out that In certain indus tries. such as construction, an employee may work for several employers during the same year. Accordingly, the standard does not require either preemployment, or termination, or periodic examlnaton The Issues discussed abore are believed to be the major ones. Numerous other lssues 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 adop tion needs no exposition here. Other 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-term exposures. The recommendation with respect to vari ances undoubtedly has many merits, The proposed standard would have re of any employee who has been examined but is considered administratively Im quired only warning signs at locations in accordance with the standard within practical. Where asbestos hazards are present. the past year. Accordingly, after consideration of the However, labeling, rather than warning signs, has proved to be a point of con troversy. Both NIOSH and the Advisory Committee an Asbestos Oust recom mended labels for asbestos products and One question which hss been raised goes to whether the employer or the em ployee should be allowed to choose the examining physician. The standard gives the opUon to the employer. Since whole record of the proceeding, and pursuant to sections 6 (b) and (c) and 8(c) of the Wllliams-Steiger Occupa tional Safety and Health Act of 1S70 (84 containers, and these recommendations some employers already have a medical Stat 1S93, 1596, 1599; 29 tTB.C. 655, became very controversial In the course examination program in operation, and, 657), 29 CFR 1910.4, and to Secretary of of the proceeding. Many counterpro proposals have bear made as to the lan guage of the warning as well as to the products to be subject to the labeling requirements. Employers, In general, also, have medical departments with some expertise in the diagnosis of abestos-related diseases. It seems more reasonable to permit them to utilize the present programs and expertise, than to Labor's Order No. 12-71 (36 FJS. 8754), Part 1910 of Title 29 of the Code of Fed eral Regulations Is amended as set forth below. strongly contend that (1) finished prod permit an employee to choose a private (1) Section 1910.93 Is amended by re ucts which effectively entrap asbestos general practitioner. vising Table G-3 to read as follows: ' A21729 RDEftAL UOISTO, VOL 31, NO. \ 10--WEDNESDAY, JUNE 7, 1*72 : X 41 5690 11320 RULES AND REGULATIONS { 1910.93 Air rantsmutants. 4 O TiU US--Umaii Dm hWw>: Upp* HflW 0Ua: CnrsteUac Quart* (iRpliiMi). ...;i M0* 10mc/hP- lSlOr+4 %W0i+2 Quart* (total Suit)_________ ItirngflP Crtotoballte: T7se H tt value paleulated na the oount or sum formula* tor tfujcU. Tridytntte: U*e H the value calculated Iran the far* mute* tor quarts. Amorphous, including uatml dtoTomaceoni auth____ -___ glUrtta Of? than cn> talUno silica): Utea 8oo(mIooim........... Tate_................ ............ Portland WMfii-,.,.-,... OraphJt* (eatanl)........... Coat duct (raepferabto fraction tom than IftMOt)_________ lor nor* (baa 810*.___ *Ms+* tomf/li* %sw. 20 3D 30 00 . U 3.4mg/M? ltan/M* Inert or Nutomms Dust: KespUabte traction %SK>ri-S u Iffig/M* 00 Umc/U> Hots:' Converitou toetom mppcfXMJ-nilUioc particle* per cubic mater IMUlkni of^mrttetosper cubic foot of air, based ou Implofcr samples counted by ttght-fietd technics. 1 Tfao percentage of crystalline sUka In the formula to the snennt determined from atr-boroe samples, except In Lbaee insUocee In which ether methods bare been shown to beappiteabto. i At determined by (be membrtad filter method at 400 X phase contrast magnification. Both concentration and percent quart* for (ho application of this limit are to bo determined from tin fraction pastes a Ske-catoeter with the following ebaracCerlstica: Aerodynamic diameter (unit density *phwt> Percent pesetas . selector 2 00 11 71 11 00 toL9 3S 0 Tb# measurements under this note refer to the use of an A EC Irutrameni. U the mpirahla inctloe of eoal dost is determined with a MB Che flrure corresponding to that of 2.4 UgJW 1& the table fuc ew dustla ii Ug/w. 2. A new 11910.93a Is added to Part 1910, reading as follows: S 1910.93a Asbestos. (a) Definitions. For the purpose of this section, (1) "Asbestos" includes chrysotUe, amoslte, crocldolite, tremoUte, anthophyllite, and actinolite. (2) "Asbestos fibers" means asbestos fibers longer than 5 micrometers. (b) Permissible exposure to airborne concentrations of asbestos fibers--(1) Standard effective July 7. 1972. The 8-hour time-weighted average airborne concentrations of asbestos fibers to which any employee may be exposed shall not exceed five fibers, longer than 3 micrometers, per cubic centimeter of air, as determined by the method pre scribed In paragraph <e) of this section. <2) Standard effective July 1, 1978. The 8-hour time-weighted average air borne concentrations of asbestos -fibers to which any employee may be exposed (d) Personal protective equipment-- shall not exceed two fibers, longer than (I) Compliance with the exposure limits S micrometers, per cubic centimeter of prescribed by paragraph (b> of this sec air, as determined by the method pre tion may not be achieved by the use of scribed in paragraph <e) of this section, respirators or shift rotation, of em . (3) Ceiling concentration. No em ployees, except: ployee shall be exposed at any time to (1) During the time period necessary airborne cenee&tratlons of asbestos to install the engineering controls and fibers in excess of 10 fibers, longer to institute the work practices required 5 micrometers, per cubic centimeter of by paragraph (e) of this section; air, as determined by the method pre scribed in paragraph (e) of this section.. (c) Methods of compliance--`(1) En gineering methods, (i) Engineering con trols. Engineering controls, such as, but not limited to, isolation, enclosure, ex haust ventilation, and dust collection, shall be used to meet the exposure limits prescribed in paragraph lb) of this section. (11) In work situations In which the methods prescribed In paragraph (c) of. this section are either technically not feasible or feasible to an extent insuffi cient to reduce the airborne concentra tions of asbestos fibers below the limits prescribed by paragraph <b) of this section; or '(ill) 'In emergencies. (ID hoed exhaust ventilation, (a) Local exhaust ventilation and dust col lection systems shall be designed, con structed, installed, and maintained In accordance with the American National (iv) Where both respirators and per sonnel rotation are allowed by subdivi sions (1), (11), or (111) of this subpara graph, and both are practicable, person nel rotation shall be preferred and used.' Standard Fundamentals Governing the (2) -Where a respirator is permitted by Design and Operation of Local Exhaust subparagraph (1) of this paragraph. It Systems, ANSI 29.2-1971. which is in shall be selected from among those ap corporated by reference herein. proved by the Bureau of Mines, Depart (b) See i 1910.8 concerning the avail ability of ANSI Z9.2-1971, and the maintenance of a historic file In connec tion therewith. The address of the Amer ican National Standards Institute is given in i 1910.100. (ill) Particular tools. All hand-op erated and power-operated tools which may produce or release asbestos fibers in excess of the exposure limits pre scribed in paragraph (b) of this section, such as, but not limited to, saws, scorers, abrasive wheels, and drills, shall be pro vided with local exhaust ventilation sys tems in accordance with subdivision (11) of this subparagraph, > (2) Work practices--(i) Wet methods. Insofar as practicable, asbestos shall be handled, mixed, applied, removed, cut, scored, or otherwise worked in a wet state sufficient to prevent the emission of airborne fibers In excess of the ex posure limits prescribed In paragraph (b) of this section, unless the usefulness of the product would be diminished thereby. (11) Particular' products and opera tions. No asbestos cement, mortar, coat ing, grout, plaster, or similar material containing asbestos shall be removed from bags, cartons, or other containers in which they are shipped, without being either wetted, or enclosed, or ventilated so as to prevent effectively the release of airborne asbestos fibers in excess of the limits prescribed in paragraph (b) of this section. (ill) Spraying, demolition, or removal. Employees engaged In the spraying of ment of the Interior, or the National In stitute for Occunational Safety and Health, Department of Health, Educa tion, and Welfare, under the provisions of 30 CFR Part H (37 F.R. 6244, Mar. 25, 1972), and shall be used in accordance with subdivisions (i), (11), (ill), and <lv) of this subparagraph. (i) Air purifying respirators. A reusa ble or single use air purifying respirator, or a respirator described In subdivision (II) or (ill) of this subparagraph, shall be used to reduce the concentrations of airborne asbestos fibers In the respirator below the exposure limits prescribed in paragraph (b) of this section, when the celling or the 8-hour time-weighted aver age airborne concentrations of asbestos fibers are reasonably expected to exceed no more than 10 times those limits. (II) Powered air purifying respirators. A full facepiece powered'air purifying respirator, or a powered air purifying respirator, or a respirator described in subdivision (ill) of this subparagraph, shall be used to reduce the concentra tions of airborne asbestos fibers in the respirator below the exposure limits pre scribed In paragraph (b) of this section, when the ceiling or the 8-hour time- weighted average concentrations of asbestos fibers are reasonably expected to exceed 10 times, but not 100 times, those limits. *- (III) Type "C" supplied-air respirators, continuous flow or pressure-demand class. A type "C" continuous flow or pres sure-demand. supplied-air respirator shall be used to reduce the concentra tions of airborne asbestos fibers In the asbestos, the removal, or demolition of pipes, structures, or equipment covered or Insulated with asbestos, and in the removal or demolition of asbestos in - respirator scribed in when the weighted below the exposure limits pre paragraph (b) of this section, ceiling or the 8-hour time- average airborne concentra sulation or coverings shall be provided tions of asbestos fibers are reasonably with respiratory equipment in accord ance with paragraph (d) (2) (ill) ol this section and with special clothing in ac expected to exceed 100 times those limits. (Iv) Establishment of a respirator pro cordance with paragraph (d) (3) of this gram. (a) The employer shall establish section. a respirator program, in SL*ta/fance with FEOEKAl RECimx, VOC 37, NO. 110--WEDNESDAY, JUNE 7, 1972 X415691 RULES AND REGULATIONS 11321 the requirements of the American Na where asbestos fibers are released to be subparagraph shall conform to the re tional Standards Practices for Respira monitored in such a way as to determine quirements of 20" x 14" vertical format tory Protection, ANSI ZS8-2--1969, -which whether every employee's exposure to signs specified In 11910.145(d) (4), and is Incorporated by reference herein. asbestos fibers is below the limits pre to this subdivision. The signs shall dis b. See 11910.0 concerning the avail scribed in paragraph <b) of this sec play the following legend in the lower ability of ANSI Z88.2-1969 and the main tion. If the limits are exceeded, the em panel, with letter sizes and styles of a tenance of an historic file in connection ployer shall immediately undertake a visibility at least equal to that specified therewith. The address of the American compliance program in accordance with in this subdivision. National Standards Institute is given in paragraph (c) of this section. Leyend 11910.100. (c) No employee shall be assigned to (3) Personal monitoring--(i) Sam ples shall be collected from within the Asbestos____ ____ ________ tastes requiring the use of respirators if, breathing zone of the employees; on Notation T* Sana Serif, Gothlo or Block. based upon his most recent examination, membrane filters of 0.S micrometer po- Dust Basard.. V Sana Sant. an examining physician determines that rossity mounted in an open-face filter Oothlo or 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 hi* use of a respirator. Such employee shall be rotated to another job or given the holder. Samples shall be taken for the determination of the 8-hour timeweighted 'average airborne concentra tions and of the ceiling concentrations of asbestos fibers. Ui) Sampling frequency and patterns. Avoid Breathing Dust-- Wear Assigned Protective Equipment. Do Not Remain In Area - Union Your Work Re quire# It. Block. V Oothlo. 14" Gothic. 14 "Gothic. opportunity to transfer to a different po After the Initial determinations required Breathing Asbestos Dust 14 point Oothlo. sition whose duties he is able to perform by subparagraph (1) of this paragraph, May he Hazardous To with the same employer, in the same geo 'samples shall be of such frequency and Taur Health. graphical area and with the same senior pattern as to represent with reasonable ity, status, and rate of pay be bad Just accuracy the levels of exposure of em prior to such transfer, if such a different ployees. In no case shall the sampling be position is available. done at intervals greater than 6 months (3) Special clothing: The employer for employees whose exposure to asbestos shall provide, and require the useof, spe may reasonably be foreseen to exceed cial clothing, such as coverall* or similar the limits prescribed by paragraph <b) whole body clothing, bead coverings, of this section. gloves, and foot coverings for any em (3) Environmental monitoring--(1) ployee exposed to airborne concentra samples shall be collected from areas of tions of asbestos fibers, which exceed the a work environment which ate represent celling level prescribed in paragraph (b) ative of the airborne concentrations of of this section.' asbestos fibers which' may reach the (4) Change rooms: (D At any fixed, breathing zone of employees. Samples place of employment exposed to airborne shall be collected on a membrane filter concentrations of asbestos fibers in ex of 0.8 micrometer porosity mounted in cess of the exposure limits prescribed in an open-face filter holder. Samples shall paragraph (b) of this section, the em be taken lor the determination of the 8- ployer shall provide change rooms for hour time-weighted average airborne employees working regularly at the place. concentrations and of the ceiling con (il> Clothes lockers: The employer centrations of asbestos fibers. shall provide two separate lockers or con (11) Sampling frequency and patterns; tainers far each employee, so separated After the Initial determinations required or Isolated as to prevent contamination by subparagraph (1) of this paragraph, of the employee's street clothes from his samples shall be of such frequency and work clothes. pattern as to represent with reasonable (ill) Laundering: (a) Laundering of accuracy the levels of exposure of the asbestos contaminated clothing shall be employees. In no case shall sampling be done so as to prevent the release of air at intervals greater than 8 months for Spacing between lines shall be at least equal to the height of the upper of any two lines. (2) Caution labels--(1) Labeling. Cau tion labels shall be affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing asbestos fibers, or to their containers, except that no label is required wheTe asbestos fibers 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 fibers in excess of the exposure limits prescribed in paragraph (b) of this section will be released. (11) Label specifications. The caution labels required by subdivision (1) of this subparagraph shall be printed in letters of sufficient size and contrast as to be readily visible and legible. The label shall state: CaunoN Contains Asbestos Plben Avoid Creating Dust Breathing Asbestos Dust May Cause Serious Bodily Harm borne asbestos fibers in excess of the ex-' employees whose exposures to asbestos (h) Housekeeping--(1) Cleaning. All posure limits prescribed in paragraph (b) may reasonably be foreseen to exceed external surfaces In any place of employ of this section. the exposure limits prescribed in para ment shall be maintained free of accu (b) Any employer who gives asbestos- graph (b) of this section. mulations of asbestos fibers if, with their contaminated clothing to another person (4) Employee observation of monitor dispersion, there would be an excessive for laundering shall inform such person ing. Affected employees, or their rep concentration. of the requirement in (o) of this subdi resentatives, shall be given a reasonable (2) Waste disposal. Asbestos waste, vision to effectively prevent the release opportunity to observe any monitoring scrap, debris, bags, containers, equip 'of airborne asbestos fibers in excess of required by this paragraph and shall have ment, and asbestos-contaminated cloth the exposure limits prescribed in para graph (b) of this section. <c) Contaminated clothing shall be access to the records thereof. ing. consigned for disposal, which may (g> Caution signs and labels. (1) Cau produce In any reasonably foreseeable tion signs. (1) Posting. Caution signs . use, handling, storage, processing, dis transported in scaled impermeable bags, shall be provided and displayed at each posal, or transportation airborne concen or other closed, impermeable containers, location where airborne concentrations trations of asbestos fibers in excess of the and labeled in accordance with para graph (g) of this section. of asbestos fibers may be in excess of the exposure limits prescribed in paragraph exposure limits prescribed in paragraph (b> of this section shall be collected ind (e) Method o/ measurement. All de (b) of this section. Signs shall be posted disposed of in sealed Impermeable bags, terminations of airborne concentrations at such a distance from such a location .or other closed, impermeable containers. of asbestos fibers shall be made by the so that- an employee may read the signs (i) . Recordkeeping--(1) Exposure rec . membrane filter method at 400-450 X (magnification) (4 millimeter objective) with phase contrast illumination. <f> Monitoring--(1) Initial determi nation*. Within 0 months of the publi and take necessary protective steps be fore entering the area marked by the signs. Signs shall be posted at all ap proaches to areas containing excessive concentrations of airborne asbestos fibers. ords. Every employer shall maintain rec ords of any personal or environmental monitoring required by this section. Rec ords shall be maintained for a period of at least 3 yean and shall be made avail able upon request to the Assistant Secre cation of this section, every employer <ii> Sign specifications. The warning tary of Labor for Occupational Safety shall cause every place of employment signs required by subdivision (1) of this and Health, the Director of the National A 2 1 7 3 1FEDERAL REGISTER, VOL 37, NO. 110--WEONESOAV, JUNE 7, 1973 X 415692 (6) Medical records--tt) Mainte- plement the FPR' Temporary Resula- tion. of the Director. Division of Con- nance. Employers of employees examined tlons.'-They also contain policies and tracts of the AEC, pursuant to the aupuisuant to this paragraph shall cause procedures initiated by .the AEC which thorlty of the Atomic Energy Act of 1954. to be maintained complete and accurate P** to be effective tar 'a period or S^and the Federal'Property and Adminis- records of all such medical examine- months or less. The AEC Procurement trative Services Act of 1949. FEDEtAl IFOlSTiB, VOL. 37, NO. 110--WEDNESDAY, JUNE 7, 1973 X 41 32 4 - THE QUESTIONS Short and simple answers to difficult questions I --" | I PLAINTIFF'S EXHIBIT -'-Hedrcal-- and Physical questions 1. If it is not true that 1 fibre can kill a man, how much asbestos than is needed to kill a man 7 2. The limit value-of 2 f/ml protects workers from asbestosis risk. Is this value low enough to protect them also from lungcancer and mesothelioma 7 3. Supposing the 2 fiber/ml standard rules out the risk of asbestosis, how much 1 of the workforce will die from other asbestos diseases in a factory operating at 2 f/ml T 4. Is it true that mesothelioma can occur after very short exposure to very high concentrations 7 5. If mesothelioma can also be caused by very low concentrations, how can industry justify the sale of asbestos based householdgoods such as simmering pads? 6. How to explain that asbestos diseases are often diagnosed only when it is already too late to stop the disease from progressing 7 7. If the diagnosis of asbestos related diseases is so difficult and requires highly specialized and experienced doctors, does it not mean that many cases remain undetected and that much more people die from asbestos than the reported cases. 8. The fibres which are too fine to be seen by the optical microscope, are they not dangerous 7 9. There are much more asbestos fibres present in the air than those detectable by optical microscopy. How then can industry justify the use of optical microscopy to measure asbestos concentrations in the workplace 7 10. Industry is in favour of optical microscopy because it gives lower figures than the electronmicroscope. Or not ? 11. Asbestos is recognized as a proven human carcinogen. How than to explain th; we need not worry about ingestion of asbestos 7 .../... AO 1 287 X42Q691 12. If ingestion of asbestos is harmless, why than have some countries * banned asbestos filters for wine ? 13, If ingestion of asbestos is harmless, how than to explain the excess gastro-intestinal cancer risk among AC industry workers found in the Laquet -- Lepoutre epidemiological study ? 14 The conviction that ingestion of asbestos is harmless is based on animal experiments. Is this sufficient proof to claim that it is safe for humans. 15. The San Francisco Bay Area study proves that ingestion of asbestos is not harmless. Vhat does industry answer to that 7 16. If the public is not at risk from asbestos in buildingj^hov than to explain that the US government has found it necessary to remove asbestos from schools AO 1288 X420692 t Nop Med- cal questions I. The ashestOE industry is opposed to substitution because it is a cheap raw material (Is it true that ...) 2. The use of asbestos is declining in--the western world and increasing in third world countries. Is this not a proof that the asbestos industry is taking advantage of the less severe or non existing worker protection or environment protection legislation in these countries ? 3. Can A.C. pipes be recommended for drinking water distribution in third world countries without any restriction 7 4. If asbestos cement is as safe a product as industry claims it to be, why then does industry find it necessary to warn its customers by labelling and why is it necessary to use special tool6 7 5. It has been proven that drinking water liberates fibres from AC pipes, and that natural erosion liberates fibres from AC roofs. Is it right than to claim that asbestos fibres are "locked-in" in A.C. 7 6. Since asbestos fibres are virtually indestructible, is there no danger that they will accumulate in the environmental air and reach unacceptable proportio if the use of asbestos containing products is not prohibited 7 A0 1 28d *420693 - THE ANSWERS i SHORT AND SIMPLE ANSWERS TO DIFFICULT QUESTIONS 1. Different individuals have different levels of resistance, but studies at mines (McDonald) and factories (Newhouse) indicate that long term exposure to 2 f/ml does not statistically increase the risk. 2. The studies mentioned above indicate that 2 f/ml is a safe level for chrysotile Experience in asbestos-cement factories (Belgium and Austria for example) indicates that crocidolite can be used safely in asbestos-cement (wet processes at this level. 3. See answers to questions 1 and 2. 4. Some individuals are apparently more susceptible than others to mesothelioma, but lung tissue analysis shows that this disease is dose related. See also answer to question 2. 5. It is difficult to believe that domestic articles such as simmering pads could produce enough dust to cause disease. Asbestos can be used safely in factories (questions 1 and 2) at levels much higher than could ever normally be encountered from such articles. 6. It is unfortunately true that asbestos-related diseases have a long latent period during which no changes can be detected. 7. To some degree this is true, but not significantly so where there is good medical experience and expertise in diagnosis. 8. Generally the very fine fibres are too short to lodge in the lung. 9. The optical microscope is at present the only instrument able to provide the necessary speed and convenience in analysis. 10. No, but consistency of measuring methods is essential if standards are to be meaningful. 11. It is obviously not desirable to ingest any mineral material like asbestos, but studies so far indicate that ingestion of asbestos is not a hazard. .12 To be on the safe side only. this. There is no real evidence of the need for X42C694 .13 The authors of this study explain that the findings referred to are not likely to be due to asbestos exposure. AO 1 29C 4** 4 14. No, it must be reinforced by human experience - as indeed it is in many studies of populations ingesting asbestos in drinking water. t 15. There is considerable doubt about the validity of the statistical calculation used in this study as shown in Dr. Crump's recent analysis. 16. To be on the safe sidejit is very doubtful whether there is justification for removal of material other than exposed or damaged sprayed asbestos insulation. Non Medical Questions 1. The economic value of asbestos products to the community is an important factor, but it is not true that industry is generally opposed to substitution. 2. It is not true, but this is an important consideration of which the industry is well aware. 3. No, the special considerations necessary when aggressive water is involved must always be recognised. 4. Asbestos products are safe when they are used properly. The industry has a responsibility to provide the means for this. 5. The "locked-in" concept has limitations when all conditions of use are considered. The question of natural erosion must be studied separately. There is no evidence however that natural erosion of a/c products can ever produce dangerous concentrations of respirable asbestos dust. 6. Asbestos fibres settle out relatively rapidly from the air and are washed away or incorporated into the soil. 40)291 X 4 2 0 6 95