Document wqybvL61Q1GbZ9QmbxnrKw8Zd

'11318 V?v>;' : f " ; % RULES AND REGULATIONS ,, . ;i:' ITX>. 72-1631';", tions for an Occupational Exposure exposure to asbestos fibers and the ap - PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED Standard for Asbestos by the National Institute for Occupational Safety and Health (NIOSH). Public notice was given pearance of adverse biological manifes tations, such os asbestosis, lung cancers, and mesothelioma, have given rise to RATE, ETC. Of the receipt of`the recommendations controversy as to the validity of the Free Withdrawal of Supplies and Equipment for Aircraft " and their availability for inspection and copying. On or about February 25, 1972, the Advisory Committee on Asbestos Dust measuring techniques used and the relia bility of the relations attempted to be established. Because of the long lapse In accordance with section 309(d), submitted its written recommendations of time between onset of exposure and Tariff Act of 1930, as amended (19 U.S.C. to the Assistant Secretary of Labor for. biological manifestations, we have now 1309(d)), the Department of Commerce has found and under date of April 25, 1972, has advised the Treasury Depart ment' that Poland allows privileges to aircraft registered in the United States and engaged in foreign trade substan tially reciprocal to those provided for in 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 proposal standard. On or about March 31,1972. the presiding hearing ex 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 relative toxicity of the various kinds of . sections 309 and 317 of the Tariff Act of 1830, as amended (19 UJ5.C. 1309.1317). aminer certified to the Assistant Secre tary of Labor for Occupational Safety asbestos, and varying hazards in dif ferent workplaces. The same privileges are therefore hereby and Health the record of the proceeding. It Is fair to say that the controversy extended to aircraft registered in Poland The record includes prehearing written has centered in the area between a two- and engaged in foreign trade effective as comments, a transcript of the oral pres fiber TWA concentration and five-fiber of the date of such notification. entations made at the hearing, and nu TWA concentration, with variations on Accordingly, paragraph (f) of S 10.59. merous exhibits received during the the time needed for compliance. Many customs regulations, is amended by the course of the hearing or within the pe employers support a five-fiber TWA insertion of Poland in appropriate al riod allowed after the close of the Most medical opinion is divided between phabetical order and the number of this hearing. a two-fiber standard and a five-fiber Treasury decision in the opposite col The proposed standard dealt.with (1) standard. umn headed "Treasury Decision (s)" in permissible concentrations of asbestos In view of the undisputed grave con the list of nations in that paragraph. fibers; (2) methods of compliance; (3) sequences from exposure to asbestos (Sees. 309, 317, 624, 46 Stat. 690. as amended, 696. as amended, 759; 19 UJS.C. 1309, 1317, 1624} [seal! Edwin P. Rains, ' Acting Commissioner of Customs. warning signs; (4) monitoring; (5) med fibers, it is essential that the exposure be ical examinations; and (6) recordkeep regulated now. on the basis of the best ing. Each of these major proposals elic evidence available now. even though it ited comments, arguments, objections, may not be as good as scientifically de and counterproposals. They all have been' sirable. An asbestos standard can be re examined and considered. evaluated in tlie light of the results of Approved: May 25,1972. 1. Acceptable concentrations of asbes ongoing 6tudies, and future studies, but ' Eocene T. Rossides, Assistant Secretary of the Treasury. tos dust. The proposed standard would cannot wait for them. Lives of employees limit occupational exposure to 8-hour are at stake. time-weighted average (TWA) airborne It is concluded that there should be concentrations of asbestos dust not ex one minimum standard of exposure to (PR Doc.72-8578 Filed 6-6-72;8:50 am] ceeding five fibers longer than five asbestos applicable to all workplaces ex micrometers per milliliter. Concentra posed to any kind, or mixture of kinds, tions above five fibers but not to exceed of asbestos. Reasons of practical ad Title 29--LABOR 10 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 but for not more than 5 hours in any one 8-hour day. NIOSH in effect has recommended that the five-fiber TWA and 10-fiber of workplaces. Also, while the evidence tends to show that crocidolite, for in stance, is more harmful than chrysotile, the evidence is net sufficient to establish PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS peak concentrations be permitted only ' separate standards for varieties of for 2 years: thereafter, TWA concentra asbestos. tions should be not more than 2 fibers 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 of asbes Federal Register (36 FR. 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 appears liaxns-Steiger Occuptaional Safety and ommended return to a 12-fiber standard . that levels of exposure which may be Health Act of 1970. a notice of proposed of an earlier day; i.c., a level adopted safe with regard to asbestosis are not rulemaking regarding a permanent under the Walsh-Hcnley Public Con safe with regard to mesothelioma: be standard for exposure to asbestos fibers was published in the Federal Register on January 12. 1972 (37 F.R. 466). The no tice Invited interested person:, to submit both orally and in writing, data, views, and arguments concerning the proposal. tracts Act in 1969. Others have recom mended a two-fiber standard to become effective in 6 months, then a one-fiber standard for 2 years, and finally a zerofiber standard after 3 years. Vnese rec ommendations give a fair indication of cause the statute requires the protection of every employee, even of one who may have regular exposure to asbestos during a working life which may reach, or even exceed. 40 years: and because of several 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 fibers about February 1, 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 ceiling value of 10 fibcrs/cc. The current teria document containing Recommenda- tive relations between specific levels of TWA concentrations of five fibers, and ,FEDERAL REGISTER, VOL 37, NO. 110--WEDNESDAY, JUNE 7 1972 PLAINTIFFS EXHIBIT BASF-82 - ' - RULES AND REGULATIONS ' *11319 ceiling concentrations of 10 fibers/cc, fibers, so that these would not be released 6. Records. The standard, as proposed will be'permitted until July 1, 1976, dur in the normal use of the products, should and as adopted, requires maintenance of ing 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 make the needed changes for coming umvarrantedly alarming. 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 standard. standard has been chanced 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 tion 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 date of the two-ilber standard will pro sideration. It requires periodic monitor purpose of the medical examinations is 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 afaestos, em ceiling limit is complied with, no harm cretion, and prescribes the use of the ployees cannot in reason be granted the is reasonably expected to result Irom 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. It has been asbestos fibers. sure. It does not make sense to require pointed out by many persons, that pro It has also been recommended that employers to proride medical examina tection against asbestos fibers is best employees or their representatives should tions if they cannot know and use the obtained b7 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 ambient air of the workplaces. Therefore, 5. Medical examinations. The pro- some medical information. the standard requires feasible techno logical controls and appropriate work practices as the primary means of com posed standard would only require an appropriate medical examination on a periodic basis. The generality of the pro On the other hand, there is no inten tion to allow employers to abuse medical information obtained pursuant to the - pliance. Rotation of employees as a way of meeting the TWA concentration re quirement is allowed only in stated ex ceptional circumstances, because, as a general rule, it would be difficult to im plement. 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 pirators and shift rotation will be used during the period necessary to install engineering controls and to train employ ees in sound work practices, but, after technological compliance has been achieved, their use must be limited to special work situations and emergencies. Where both are practicable, shift rota tion is required. 3. Labeling. The proposed standard stopped short of requiring labeling as bestos and asbestos-containing products. posal has attracted many objections and also many helpful comments. The recom mendations of NIOSH and of the Advi sory Committee on Asbestos Dust were much more specific with respect to both 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 reouires medical examinations both at the beginning ana "TRO t&TTjimaiion oi employments exposed to concentrations ox asbestos libers, and &Ts6 Mflhires.annual' mMli'Ure.MIffbia- trntp n pvprv emfilftvw prnnqprl tn alr- bome 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 examinaton Act, to the detriment of employees. Therefore, the administration of the medical records requirement will be closely" watched, and, in cases of abuse, appropriate action will be considered. The issues discussed above are believed to be the major ones. Numerous other is sues 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 adopJ^on needs no exposition here. Other recommendations and many objections have not been adopted for a variety of reasons which should be manifest. Scv-. 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 on Asbestos Dust recora- One question which has been raised goes to whether the employer or the em ployee should be allowed to choose the examining physician. The standard whole record of the proceeding, and pursuant to sections 6 <b) and (c) and 8(c) of the Williams-Steiger Occupa ' mended labels for asbestos products and gives the option to the employer. Since tional Safety and Health Act of 1970 (84 containers, and these reemmendations some employers already iia/e a medical Stab 1593, 1596, 1599 ; 29 UJS.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 been mad.. as to the lan guage of the warning as well as to the products to be subject to the labeling also, have medical departments with some expertise in the diagnosis of abestos-related diseases, it seems more, reasonable to permit thpm t.n ut.iii?p thn 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 requirements. Employers, In general, pfesfilli jSVdgnuiri and taufrrli.se. than to below. strongly contend that (1) finished prod pglgill an fenipioyee to cnoose a private <1) Section 1910.93 Is amended by re ucts which, effectively entrap asbestos geperSThractitionfir- vising Table G-3 to read as follows; r fEDERAl REGI57ER, VOL. 37, NO. 110--WEDNESDAY, JUNE 7, 1972 ' i ;11320. RULES AND REGULATIONS .... i 'VS 1910.93 Air contaminants. .. to which any employee may be exposed <d) Personal protective equipment-- 1 JiV.v;' ' ' TaskG-*--Hmrtut Doits ' shall not exceed two fibers, longer than (1) 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 'J . Eubstsne* Mppcf Ug/M1 scribed In paragraph (e) of this section. respirators or shift rotation of em (3) Ceiling concentration. No em ployees, except: Bilfco: ployee shall be exposed at any time to (1) During the time period necessary Crystalline: Quart* (respirable), 2S0 airborne concentrations of asbestos J0ae/M*. fibers in excess of 10 fibers, longer than to install the engineering controls and to institute the work practices required \. %S10H-6 TfSlOrf-3 Quart* (totaldolt)..________________ _ *0mg/M* ` Crfatobillle: C* K the value calculated from the count or mas formulae for quart*. - ..Tridjmitc: TJje X th value eeieubtnd from the lor- " oiulae for Quart*. .Amorphous, including natural diatomaceoui earth______ ___ %SiOH-i 39 89mg/M* %sto* 5 micrometers, per cubic centimeter of 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 (b) of this section. by paragraph (c) of this section; (ii) 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 , (iii) In emergencies. . fiflic&tes (less this 1% crj3briUncsUic*); 8oop5t_on________-__________________ 20 20 Portland eminent..0 GrapMlc (natural)___ _____ - 16 Coal dust (respirable traction (ii) local 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 Standard Fundamentals Governing the (lv) Where both respirators and per sonnel rotation are allowed by subdivi sions (i), (ii). or (iii) of this subpara graph. and both are practicable, person nel rotation shall be preferred and used. (2) Where a respirator is permitted by : Jess than 67# 6iOa)........... ......................... for more than 6% SIOj.............. ...... *.4mfc*P or lOmg/M* Design and Operation of Local Exhaust Systems, ANSI Z9.2-1971, which Is in subparagraph (1) of this paragraph, it shall be selected from among those ap \ I \ *. ( > ; ' Inert or Nuisance Dust: . Respirable (ruction__ 16 * BmgfSP Total __ .... 60 ScSiOH-2 Mrat'M* -Note*. Conversion factors-- tnppcfX353snUllou particles per cubic meter particles per e.c. /pillions of particles per cubic foot of air, based on impinpcr samples counted by light-fiold technics. i Tlie percentage of crystalline silica in the formula is the amount determined from airborne samples, except in those instances in which other methods hare been shown to be applicable. i As determined by the membrane filter method at 43ft X phase contrast magnification. *Doth concentration and percent quarts for the Application of this limit arc to be determined from the fraction pissing a size-selector with tl>e following characteristics: Aerodynamic diameter (unit density sphere) Percent passing selector * 2* 2.6 16 6.0 * 19 * 90 76 60 25 0 The measurements under this Dote refer to the use of an AEC instrument. If the respirable fraction of coal dust Is tM'rminrd with a MUK the figure correspond!:^ to that of 2.4 Mg/li* in tbo Cable for coal dust is 4.5 Mg/M*. 2. A new {1910.93a Is added to Part 1910, reading as follows: 1910.93a Asbestos. (a) Definitions. For the purpose of this section, (1) "Asbestos" includes chrysotile, amositc, crocidolite, tremolite, anthophyllite. and actinolite. (2) "Asbestos fibers" means asbestos fibers longer than 5 micrometers. (b) Permissible exposure to airborne concentrations of asbestos dbers--(1) Standard effective July 7. 1972. The 8-hour time-weigh ted average airborne concentrations of asbestos fibers to which any employee may be exposed shall not exceed five fibers, longer than 5 micrometers,' per cubic centimeter of air, as determined by the method pre scribed In paragraph (e) of this" section. (2) Standard effective July 1, 1976. corporated by reference herein. proved by the Bureau of Mines, Depart (b) See $ 1910.6 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 J 1910.100. (iii) Particular tools. All hand-op erated and power-operated tools winch 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 (ii) of this subparagraph. (2) Work practices--(1) 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 tills section, unless the usefulness of the product would be diminished thereby. (U) 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 W'hich 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. (Ui) Spraying, demolition, or removal. Employees engaged in the spraying of asbestos, the removal, or demolition of pipes, structures, or equipment covered or insulated with asbestos, and in. the removal or demolition of asbestos in sulation or coverings shall be provided With respiratory equipment in accord ance with paragraph (d) (2) <iii> of tliis section and with special clothing in ac ment of the Interior, or the National In stitute for Occupational Safety, and Health. Department of Health, Educa tion. and Welfare, und"'- the provisions of 30 CFR Part 11 (37 F.R. 6244, Mar. 25, 1972), and shall be us~d in accordance with subdivisions (i>. (ii), (iii), and (iv> of this subparagraph. (i) Air purifying respirators. A reusa ble or single u-e air purifying respirator, or a respirator described in subdivision (ii) or (iii) 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 ceiling or the S-hour time-weighted aver- age airborne concentrations of asbestos fibers are reasonabir 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 (iii) of this subparagraph, shall be used to reouce tne 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. (iiil Type "C" supvlied-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 respirator below the exposure limits pre scribed in paragraph (b) of this section, when the ceiling or the 8-hour timeweighted average airborne concentrations of asbestos fibers are reasonably expected to exceed 100 times those limits. (iv) Establishment of a respirator pro te 8-liour time-weighted average air- cordance with paragraph (d> (3) of this gram. (a) The employer shall establish .ome concentrations of asbestos fibers section. a respirator program in accordance with .. FEOERAt REGISTER, VOL 37, NO. 110--WEDNESDAY, JONE 7 1972 : RULES AND .REGULATIONS . ... ...11321 the requirements of the American Na where asbestos fibers are released to be subparagraph sliall 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 Z88.2-1969, which whether every employee's exposure to signs specified in 1910.145(d) (4). and Is Incorporated by reference herein. asbestos fibers Is below the limits pre to this subdivision. The signs shall dis b. See 5 19X0.6 concerning the avail scribed in paragraph (b) of this sec play the following legend in the lower ability of ANSI Z83.2-1969 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 f 1910.100. <e) No employee shall be assigned to paragraph cc) of this section. (2) Personal monitoring--Ci) Sam ples shall be collected from within the Legend Asbestos' 1" Sans Serif, tasks requiring the use of respirators if, breathing zone of the employees, on Notation Gothic or Block. based upon his most recent examination, membrane filters of 0.8 micrometer po- Oust Hazard-------------------- VI" Sans Serif, an examining physician determines that rosslty mounted In an open-face filter Gothic or the employee will be unable to function holder. Samples shall be taken for the Block. normally wearing a respirator, or that the safety or health of the employee or other employees will be impaired by hisuse of a respirator. Such employee shall be rotated to another job or given the determination of the 8-hour timeweighted average airborne concentra tions and of the ceiling concentrations of asbestos fibers. (ii) Sampling frequency and patterns. Avoid Breathing Dust___ Wear Assigned Protective Equipment. Do Not Remain In Area Unless Tour Work Re quires It. Gothic. V4" Gothic. Vi" Gothic. - opportunity to transfer to a different po- After the initial determinations required Breathing Asbestos Dust X4 point Gothic. -sition -whose duties he is able to perform . by subparagraph (1) of this paragraph, May Be Hazardous To with the same employer, in the same geo samples shall be of such frequency and Tour Health. graphical area and with the same seniorliar, 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, spe cial clothing, such as coveralls or similar whole body clothing, head coverings, gloves, and foot coverings for any em ployee. exposed to airborne concentra tions of asbestos fibers, which exceed the ceiling level prescribed in paragraph (b) of this section. (4) Change rooms: (1) At any fixed place of employment exposed to airborne concentrations of asbestos fibers in ex cess of the exposure limits prescribed in 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 tainers for each employee, so separated or Isolated as to prevent contamination of the employee's street clothes from his pattern as to represent with reasonable accuracy the levels of exposure of em ployees. In no case shall the sampling be done at intervals greater than 6 months for employees whose exposure to asbestos may reasonably be foreseen to exceed the limits prescribed by paragraph (b) of this section. (3) Environmental monitoring--(i) samples shall be collected from areas of a work environment which are represent ative of the airborne concentrations of asbestos fibers which may reach the breathing zone of employees. Samples shall be collected on a membrane filter of 0.8 micrometer porosity mounted in an open-face filter holder. Samples shall be taken for the determination of the 8hour time-weighted average airborne concentrations and of the celling con centrations of asbestos fibers. (ii) Sampling frequency and patterns. After the initial determinations required by subparagraph (I) of this paragraph, samples shall be of such frequency and 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 where asbestos fibers have been modified by a bonding agent, coating, u.nder, 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. (ii) Label specifications. The caution labels required by subdivision (i) of this subparagraph shall be printed in letters of sufficient size and contrast as to be readily visible and legible. The label shall state: CAUTtON' work clothes. pattern as to represent with reasonable Contains Asbestos Fibers Oil) laundering: (a) Laundering of accuracy the leyels of exposure of the Avoid Creating Dust asbestos contaminated clothing shall be employees. In no case shall sampling be Breathing Asbestos Dust May Cause done so as to prevent the release of air at intervals greater than 6 months for Serious BodUy Harm borne asbestos fibers in excess of the ex posure limits prescribed In paragraph (b) of this section. _Cb) Any employer who gives asbestoscontaminated clothing to another person for laundering shall inform such person of the requirement in (.a) of this subdi vision to effectively prevent the release of airborne asbestos fibers in excess of the exposure limits prescribed in para graph (b) of tills section. - (c) Contaminated clothing shall be transported in sealed impermeable bags, or other closed, impermeable containers, and labeled in accordance with para graph (g) of this section. (e) Method of measurement. All de terminations of airborne concentrations of asbestos fibers shall be made by the employees whose exposures to asbestos may reasonably be foreseen to exceed the exposure limits prescribed In para graph (b) of this section. (4) Employee observation of monitor ing. Affected employees, or their rep resentatives, shall be given a reasonable opportunity to observe any monitoring required by this paragraph and shall have access to the records thereof. (g) Caution signs and labels. (1) Cau tion signs. (1) Posting. Caution signs shall be provided and displayed at each location w'here 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 (h) Housekeeping--(1) Cleaning. All external surfaces in any place of employ ment shall be maintained free of accu mulations of asbestos fibers if, with their dispersion, there would be an excessive concentration. (2) Waste disposal. Asbestos waste, scrap, debris, bags, containers, equip ment, and asbestos-contaminated cloth ing, consigned for disposal, which may produce in any reasonably foreseeable use, handling, storage, processing, dis posal, or transportation airborne concen trations of asbestos fibers in excess of the exposure limits prescribed in paragraph (b) of this section shall be codected and disposed of In sealed impermeable bags, or other closed, impermeable containers. (1) Recordkeeping--<il) Exposure rec membrane filter method at 400-450 X (magnification) (4 millimeter objective) with phase contrast illumination. <f> Monitoring--(1) Initial determi nations. Within 6 months of the publi cation of this section, every employer and take necessary protective steps be fore entering the -arcs.-marked by the signs. Signs shall be posted at all ap proaches to areas containing excessive concentrations of airborne asbestos fibers. (ii) Sign specifications. The warning ords. Every employer sliall 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 years and shall be made avail able upon request to the Assistant Secre tary of Labor for Occupational Safety shall cause every place of employment signs required by subdivision Cl) of this and Health, the Director of the National FEDERAL REGISTER, VOL 37, NO. 110--WEDNESDAY, JUNE 7, V72 -11322 -RULES AND REGULATIONS . Institute for Occupational Safety and tions. Records shall be retained by Instruction section has been revised ; ':Health, and to authorized representa employers for at least 20 years. cordingly. Minor editorial changes hi tives of either. <il) Access. The contents of the rec also been made. ' (2) Employee access. Every employee ords of the medical examinations 1. Section 9-1.101 Scope of subpart and former employee shall have reason required by tills paragraph shall be made revised to read as follows: able access to any record required to be maintained by subparagraph (1) of this available, for inspection and copying, to the Assistant Secretary of Labor for 5--1.101 Scope of culipsrL paragraph, which indicates the em ployee's own exposure to asbestos fibers. (3) Employee notification. Any em ployee found to have been exposed at any time to airborne concentrations of asbes tos fibers in excess of the limits pre scribed in paragraph (b) of this section Occupational Safety and Health, the Director of NIOSH, to authorized physi cians and medical consultants of either of them, and, upon the request of an em ployee or former employee, to his physi cian. Any physician who conducts a medical examination required by this This subpart describes the Ator Energy Commission Procurement Ret lations and the AECPR Temporary R< ulations. It also describes exclusic from the AECPR as contained in 1 AEC Procurement Instructions. 2. Section 9-1.102 Establishment shall be notified in writing of the expo paragraph shall furnish to the employer AEC Procurement Regulations, is revii sure as soon as practicable but not later than 5 days of the finding. The employee shall also be timely notified of the cor rective action being taken. (J) Medical examinations--.<1) Gen eral. The employer shall provide or make of the examined employee all the infor mation specifically required by this paragraph, and any other medical In formation related to occupational ex posure to asbestos fibers. to read as follows: 9--1.102 EitaWMimcnl of the -A! Procurement Regulations and 1 AECPR Temporary Regulations, 9--1.102--1 AEC Procurement Rcgu available at his cost, medical examina 3. A new S 1910.19 is added to Subpart Rons. tions relative to exposure to asbestos re B of Part 1910, reading as follows: quired by this paragraph. (2) Prcplacement. The employer shall 1910.19 Asbestos dust. provide or make available to each of his Section 1910.93a shall apply to the ex employees, within 30 calendar days fol posure of every employee to asbestos lowing his first employment in an dust in every employment and place occupation exposed to airborne con of employment covered by 1910.12, centrations of asbestos fibers, a compre 1910.13,11910.14, 5 1910.15, or 5 1910.16, hensive medical examination, which shall in lieu of any different standard on ex include, as a minimum, a chest roent- . posure to asbestos dust which would genogram (posterior-anterior 14 x 17 otherwise be applicable by virtue of any inches), a history to elicit symptom of those sections. atology of respiratory disease, and Effective date. Paragraph (b)(2) of pulmonary function tests to include 1910.93a shall become effective July 1, forced vital capacity (FVC) and forced 1976. All other provisions of S 1919.93a, expiratory volume at 1 second (FEVt..). 1910.93, and 1910.19 shall become effec (3) Annual examinations. On or be tive July 7, 1972. The current emergency fore January 31, 1373, and at least an temporary standard remains in effect <a) The AEC Procurement Regul tions (AECPR) are hereby establishc (b) These regulations implement ai supplement the Federal Procureme Regulations (FPR) and are a part the Federal Procurement Regulatio; System. (c) The effective date of FPR issi ances throughout AEC will be the da indicated in the respective issuances ui less otherwise provided in the AEC Pr< curement Regulations. (d) The effective date of AECPR i: suances throughout AEC will be the dal indicated in the respective issuances. 9-1.102-2 AECPR Temporary Reg, lations, nually thereafter, every employer shall until July 7, 1972. (a) The AECPR Temporary Regula provide, or make available, comprehen sive medical examinations to each of his (Secs. 6, 8, 84 Stat. 1593, 1598; 29 TJ.S.C. 655, 657; 29 CFR 1910.4; Secretary of Labor's tions are hereby established. <b) These regulations implement an employees engaged in occupations ex Order No. 12-71. 36 TM. 8754) supplement the Federal Procuremen posed to airborne concentrations of as bestos fibers. Such annual examination shall include, as a minimum, a chest Signed at Washington, D.C., this 2d day of June 1972. Regulations Temporary Regulation; They also contain policies and proce dures initiated by the AEC which ar roentgenogram (posterior-anterior 14 x G. C. Guenther, expected to be effective for a period c 17 inches), a history to elicit symptom- Assistant Secretary of Labor. 6 months or less. ' atology of respiratory disease, and pulmonary function tests to include IFR Doc.72-8574 Filed 6-6-72;8:48 am] (c) The effective date of the FP1 Temporary Regulations issuance forced vital capacity (FVC) and forced throughout AEC will be the date indi expiratory volume at 1 second (FEVi,.). cated in the respective issuances unlcs Tills 41--PUBLIC C0NT!!A0TS(4) Termination of employment. The employer shall provide, or make avail otherwise provided in the AECPR Tern porary Regulations. m PROPERTY MANAGEMENTable, within 30 calendar days before or after the termination of employment of <d) The effective date of the AECP) Temporary Regulations issuance any employee engaged in an occupation exposed to airborne concentrations of asbestos fibers, a comprehensive medical Chapter 9--Atomic Energy Commission throughout AEC will be the date indi cated in the respective issuances. (e) The AECPR Temporary Reguls examination which shall include, as a minimum, a chest roentgenogram (pos PART 9-1--GENERAL tions are a part of the AEC Procuremer Regulations and the Federal Procure terior-anterior 14 x 17 inches), a history Subpart 9--1.1--Procurement ment Regulations System. All reference to elicit symptomatology of respiratory Regulations to the AEC Procurement Regulations c disease, and pulmonary function tests to include forced vital capacity (FVC) Miscellaneous Amendments AECPR in 55 9-1.103 tl-ough 9-1.109 C this subpart shall be deemed to includ and forced expiratory volume at 1 second The changes made in AECPR Subpart the AECPR temporary regulations. (FEV,,.). (5) Recent examinations. No medical examination is required of any em 9-1.1, Procurement Regulations, have been made in order to establish the AECPR Temporary Regulations, which 3. Section 9-1.103 Authority, is revise to read as follows: ployee, if adequate records show that are a part of the AEC Procurement Reg 9--1.103 Authority. tlie employee has been examined in ac ulations and the Federal Procurement The AEC Procurement Regulations ai cordance with this paragraph within the Regulations System. The AECPR Tem prescribed by the General Manager, As past 1-year period. porary Regulations implement and sup sistant General Manager for Administra (6) Medical records--(i) Mainte plement the FPR Temporary Regula tion. or the Director, Division of Cor nance. Employers of employees examined tions. They also contain policies and tracts of the AEC. pursuant to the at pursuant to this paragraph shall cause procedures initiated by the AEC which thority of the Atomic Energy Act ot 195' to be maintained complete and accurate are to be effective for a period of 6 and the Federal Property and Admini: records of all such medical examina months or less. The AEC Procurement trative Services Act of 1949. FEDERAL REGISTER, VOL 37, NO. 110--r-WEDNESDAY, JUNE 7, 1972