Document yrLZzMLvL57x6xpGK0agjX50E

AIRBORNE FIBER COUNTS for Georgia Pacific Corporation Akron, New York PLAINTIFF'S EXHIBIT February 26, 1973 Personnel Present: R. Schifferle Georgia Pacific Corporation D. E. Furlani Union Carbide Corporation B. L. 1 nga 1 1 s Union Carbide Corporation Samples Collected & Analyzed By: E. J. Kleber Union Carbide Corporation UNION CAR3IDE CORPORATION Mining and Metals Division Niagara Falls, New York / / ' i" i. SGP 0006731 'objectives Monitor airborne asbestos dust In Georgia Pacific's joint plant and during the unloading of a car of asbestos. SAMPLE LOCATIONS Tests were conducted January 18, 1973 at Georgia Pacific Corporation, Akron, New York. The unloading of a car of SG-210 was monitored in the following way: 3 separate samples were taken at the storage bay area, I before, I during and I after place ment of pallets. Two samples were taken In the car, I prior to and I during the actual unloading. The forklift operator was also monitored throughout the entire unloading process. Samples taken In the joint plant concentrated on two areas, the packer, bagging topping compound and the man actually dumping asbestos into the mix tank. APPARATUS & PROCEDURE Sampling and dust counting were carried out In accordance with OSHA Regulation 1910.93a, using the Bayer, Zummalde and Brown method for counting asbestos fibers by phase contrast microscopy (Bureau of Occupational Safety and Health, February 1969). Battery powered air pumps (M.S.A. type) calibrated to 2 liters per minute were used to collect personal breathing zone and environmental samples on Millipore membrane filters of 0.8 micron porosity. Fiber counting was performed on a Vickers Phase Contrast Microscope at 400X utilizing a Porton Reticle for sizing and field definition. TEST RESULTS The figures reported are expressed in fibers, greater than 5 microns In length, per cubic centimeter of air sampled. INTERPRETATION The OSHA Regulations have been established with a limit of 5 fibers, greater than 5 microns in length, per cubic centimeter on a time weighted average (TWA). The formula -C----T----+C--Ty---+-C----T---- describes TWA where C=fiber count in fibers/cc and T=t?me. For example. if the operator in sample 1929-86-8 dumped asbestos 10 times per day at two minutes per dump and the rest of the day he was exposed as in sample 1929-86-9 his TWA would be (I 0)(2)(5.6)+(460)(1.3) 480 I 12+598 480 1.5 fibers/cc, 8-hour TWA. |/; '.:/ > . f ./ SGP 0006732 I Lj I*(O 929-36-I Field No. 116 929-86-2 56 929-86-3 103 929-86-4 929-86-5 ''9-86-6 929-86-7 929-86-8 31 138 90 52 145 '929-86-9 95 SUMMARY OF FIBER COUNTS Description I) CAR UNLOADING Envtronmen+a1 - Stocking bay storage area for SG-210. (27 min.) 5-1/2 feet above floor - before car unloading Envlronmen+aI - In car monitoring air Immediately after (13 min.) door is opened and prior to unloading. 2 feet above floor just Inside door Persona I (62 min.) - Fork lift operator unloading car. Takes pallets from car and places In storage area, about 50 feet from car EnvIronmen+aI t- Same as 1929-86-1 during placement of (47 min.) palle+s Envlronmen+aI - In center of car 8 feet above floor (45 min.) during unloading Environmen+aI - Same as 1929-86-4 after completion of (56 min.) pallet placement Persona I (85 min.) - Packer on bagging machine, bagging topping compound Persona I (2 min.) - Operator dumping 2 bags Canadian 7RF9 into raw materials mixer for topping compound Persona I (63 min.) - Operator after dump cleaning, preparing other mixes, etc. Flbers/cc y5/* 0.2 0.3 6.3 5.6 10.6 0.8 4.0 5.6 1.3 / . I' v.i ; - - ->->-> SGP 0006733 THRESHOLD LIMIT VALUE FOR ASBESTOS FIBERS1 AIRBORNE ASBESTOS 1910.93a Asbestos. (a) Definitions. For the purpose of this section, (1) "Asbestos" includes chrysotile, amosite, crocidolite, tremolite, 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, 19777 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 5 micrometers, per cubic centimeter of air, as determined by the method prescribed in paragraph (e) of this section. (3) Ceiling concentration. No employee shall be exposed at any time to airborne concentrations of asbestos fibers in excess of 10 fibers, longer than 5 micrometers, per cubic centrimeter of air, as determined by the method prescribed in paragraph (e) of this section. . (e) Method of measurement. All determinations of airborne concentrations of asbestos fibers shall be made by the membrane filter method at 400-450 x (Magnification) (4 millimeter objective) with phase contrast illumination. Source: Federal Register, Vol. 37, No. 110 - Wednesday, June 7, 1972. SGP 0006734 RULES AND REGULATIONS l \ . . '** / %\ / Title 29--LABOR Chapter XVII--Occupational Safety and Health Administration, Depart ment of Labor PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS Standcrd for Exposure to Asbestos Dust On December 7, 1971, an emergency temporary standard concerning exposure to asbestos fibers was published In the Federal Register (36 FJt. 23207). In ac cordance with section 6(c) (3) of the Williams-Steiger Occuptalonal Safety and Health Act of 1970, a notice of proposed rulemaking regarding a permonent standard for exposure to asbestos fibers was published in the Federal Recister on January 12. 1972 (37 F.R. 466). The no tice invited Interested persons to submit both orally and In writing, data, views, and arguments concerning the proposal. On or about January 24, 1972, the Ad visory Committee on Asbestos Dust was established and requested to make writ ten recommendations with regard to the proposed standard on asbestos. On or about February 1, 1972, the Department of Health, Education, and Welfare trans mitted to the Secretary of Labor a cri teria document containing Recommenda tions for an Occupational Exposure Standard for Asbestos by the National Institute for Occupational Safety and Health (NIOSH). Public notice was given of the receipt of the recommendations and their availability for inspection and copying. On or about February 25, 1972, the Advisory Committee on Asbestos Dust submitted Its written recommendations to the Assistant Secretary of Labor for 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 March 31.1972, the presiding hearing ex aminer certified to the Assistant Secre tary of Labor for Occupational Safety and Health the record of the proceeding. The record Includes prehearing written comments, a transcript of the oral pres entations made at the hearing, and nu merous exhibits received during the course of the hearing or within the pe riod allowed after the dose of the hearing. The proposed standard dealt with (1) permissible concentrations of asbestos fibers; (2) methods of compliance; (3) 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. 1. Acceptable concentrations of asbes tos dust. The proposed standard would limit occupational exposure to 8-hour time-weighted average (TWA) airborne concentrations of asbestos dust not ex ceeding five fibers longer than five micrometers per milliliter. Concentra tions above five fibers but not to exceed 10 fibers (ceiling concentration) would be permitted up to 15 minutes In an hour, 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 peak concentrations be permitted only for 2 years: thereafter. TWA concentra tions should be not more than 2 fibers per cubic centimeter (cm.1) of air, and peak concentrations should not exceed 10 flbers/cm.*, with no time restriction. Numerous objections and counterpro posals have been made, with regard to both the limits of asbestos fiber concen trations and the time periods to comply with them. Some, for example, have rec ommended return to a 12-fiber standard of an earlier day; i.e.. a level adopted under the Wnlsh-Hcaley Public Con tracts Act in 10G9. Others have recom mended a two-fiber standard to become effective in 6 months, then a one-flbcr standard for 2 years, and finally a zerofiber standard after 3 years. These rec ommendations give a fair indication of the wide spread of the counterproposals. No one has disputed that exposure to asbestos of high enough intensity and long enouch duration is causally related to asbestosls ar.d cancers. The dispute is as to the determination of a specific level below which exposure is safe. Various studies attempting to establish quantita tive relations between specific levels of exposure to asbestos fibers and the ap pearance of adverse biological manifes tations, such as asbestosIs, lung cancers, and mesothelioma, have given rise to controversy as to the validity of the measuring techniques used and the relia bility of the relations attempted to be established. Because of the long lapse of time between onset of exposure and biological manifestations, we have now 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 asbestos, and varying hazards in dif ferent workplaces. It is fair to say that the controversy has centered In the area between a twofiber TWA concentration and five-fiber TWA concentration, with variations on the time needed for compliance. Many employers support a five-fiber TWA. Most medical opinion Is divided between a two-fiber standard and a five-fiber standard. In view of the undisputed grave con sequences from exposure to asbestos fibers, It Is essential that the exposure be regulated now, on the basis of the best evidence available now, even though it may not be as good os scientifically de sirable. An asbestos standard can be re evaluated In the light of the results of 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 asbestos applicable to all workplaces ex posed to any kind, or mixture of kinds, of asbestos. Reasons of practical ad ministration preclude a variety of stand ards for different kinds of asbestos and 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 separate standards for varieties of asbestos. Because there must be one standard governing exposure to all varieties of asbestos, and in workplaces apparently more hazardous than others; because, some present employees with regular ex posure to asbestos have probably al ready accumulated great doses of asbes tos fibers, due to higher levels of ex posure In the past; because it appears that levels of exposure which may be safe with regard to asbestosis arc not safe with regard to mesothelioma; be 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 urged and are reflected in the record of the proceeding, the conflict in the medi cal evidence Is resolved in favor of the health of employees. As of July 1, 1976, TWA concentrations of asbestos fibers longer than 5 micrometers will not be allowed to exceed two fibers'cc, with a celling value of 10 flbers/cc. The current TWA concentrations of five fibers, and FEDERAL REGISTER, VOL 37, NO. 110--WEDNESDAY, JUNE 7, 197J SGP 0006735 RULES AND REGULATIONS 11319 celling concentrations of 10 flbers/cc. fibers, so that these would not be released 6. Records. The standard, as proposed twill 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 & transitional period cot be required to be labeled; and (3) records of monitoring and of medical deemed necessary to allow employers to words such os "danger" and "cancer" are examinations. Most of the controversy in make the needed changes for coming unwarrantedly alarming. this area has revolved around the ques into compliance with the more stringent Both contentions have merit, and the tion whether on employer should be al 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 varylnc 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, os 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-flber standard will pro sideration. It requires periodic monitor purpose of the medical examinations Is vide nil 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 celling 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. It has been pointed out by many persons, that pro asbestos fibers. It hes also been recommended that sure. It does not make sense to require 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. Hie 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 pliance. Rotation of employees os a way or meeting the TWA concentration re quirement Is allowed only in stated ex ceptional circumstances, becoure, os a general rule. It would be difficult to Im plement. Personal protective equipment, such ns respirators, cannot be relied upon because, among other reasons, they may lx> so uncomfortable as to be bur densome, except for short periods of tune. Therefore, it Is expected that res pirators and shift rotation will be used during the period necessary to Install enguioenng controls and to train employ es 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. posed standard would only require an appropriate medical examination on a periodic basis. The generality of the pro 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 cs 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 os construction, on employee may work for several employers during the same year. Accordingly, the standard does not require either preemployment, or termination, or periodic examinaton On the other hand, there Is no Inten tion to allow employers to abuse medical Information obtained pursuant to the Act, to the detriment of employees. Therefore, the administration of the medical records requirement will be closely watched, and. In coses 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, arc 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. noth NIOSH and the Advisory Committee on Asbestos Dust recom 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 WUllams-Stelger Occupa mended labels for asbestos products and gives the option to the employer. Since tional Safety and Health Act of 1870 (C4 containers, and these recommendations some employers already have a medical Stat. 1593, 1598, 1599; 29 U3.C. 655. became very controversial In the course examination program In operation, and, 657), 29 CTO 1910.4, and to Secretary of of the proceeding. Many counterpro proposals have been 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 abcston-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 FJt. 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 0-3 to read as follows: / tI/.. i FEDERAL REOISTC*. VOL 37, NO. 110--WEDNESDAY, JUNE r, t7i SGP 0006736 *11320 RULES AND REGULATIONS * fi 1910.93 Air eonUmtaimU* Tots O-J--MmuLU. Dvm GiitoUno* Ifppef M|/U* Bilira' gujilt (recplreblt)............. Quartt (total <IurI) CVUtolmlltc V* H th Rulnr mkotalrd from th* uunt of mftM formulM for <iu*rir. Tildymltf: U*o H thr *!* flcultcO froni Uiofor* iihiIm* for qiinrU. Aniorpltouv luclii'llntf mtur*l nudi................. 910* tOmf/VJ* %810H-0 TO %8J0r+i 90 fillcalf* (taw tt*u eryo* tiilllni* silica); KMritcftupv..l.O....IW.......................................................... Talc............... ............. . !>rtltint| ecmrtit...................... (nalurnl)...................... 4'out (lint <r<'plrublc tractlou I*-.s lltuit 6% SKi)............... F*f ttifi 6'.J RIOi ... Iiifil or ViiImumv !>mt: TK*ila>tl>tili.utMMf (.n..a..t.io..n......................... 90 90 90 0u0 limf/M* or tOms/M* %9iOt+9 0100 10ffmi|tt/fM/M*' Notf: ronv^nJon factors-- mppcfx^ 3 nntiiou purtteka per cubic meter r per c.c. i Million* vt Iiir'u!<vs \+r cubic foot of (df, bu*J OH lni|>Mii.'( r wii|h<-* oxtiMcd by ll^ht-fleld technics. Ti. p<n **nti^u of crysteUine sJliee In the formule t* (tic ruiK'iiMt (Ji,u*rmlm\J from elr-borne fctmpim, <tminwn hi !l*i*Lavlpi.pnlcict-asbIlne which other methods have A\ rirtiTiiitiir.l b> the membrane Alter method at 4>i X | ill a* <"iirik>t iit(a*iiincailoti. li. ih (v,Kiiin.u<.n aiul percent quarti for the fciHiit.-.itioM .r this limit are to be drtermhiM from tt><- irMiH.il pVvst|' u *itr-iftecU>i with the follow mg Chtr.icten>tics. A........ .ttam. i. r Mtiiit thhsii) splirre) 5 J S 36 lu6 U Percent pastlnf eeleclor M 76 60 206 The mr.^tir^ments under this note refer to the use of ait AKC instrument If the respirable fraction of eoal dost n tteti rmine.l with % MRE the Asrureeorroapondlng V> t.'i.ti of ;1 4 M^'M* In the table for coil Uusl Is 4.0 Mf/M*. 2. A new | 1910.93a Is added to Part 1910. reading as follows: 1910.93b A.bcxlos. <a> Definitions. For the purpose of this section, (1) Asbestos" includes chrysotile. amosite, crocldollte, tremollte, onthophylllte, and actinollte. .2) "Asbestos fibers" means asbestos fibers longer tlian 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 5 micrometers, per cubic centimeter of air, as determined by the method pre scribed in paragraph (e) of this section. (2) Stcndcrd effective July 1, 1976. The 8-hour time-weighted average air borne concentration of asbestos fibers to which any employee may be exposed ahall not exceed two fibers, longer than 8 micrometers, per cubic centimeter of air, aa determined by the method preacrlbcd In paragraph <e) of this section. (3) Ceiling concentration. No em ployee shall be exposed at any time to airborne cencentratlons of asbestos fibers in excess of 10 fibers, longer than 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. (1) 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. (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 Design and Operation of Local Exhaust Systems. ANSI Z9.2-1971, which is In corporated by reference herein. <b> See 11910.6 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 ( 1910.100. (III) 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--(1) V/et 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. (II) 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. (III) 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) (ill) of this section and with special clothing in ac cordance with paragraph (d)(3) of this section. <d> Personal protective equipment-- (I) Compliance with the exposure limits prescribed by paragraph (b) of this sec tion may not be achieved by the use of respirators or shift rotation of em ployees, except: (1) During the time period necessary to Install the engineering controls and to institute the work practices required by paragraph (e> 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. (lv) 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. (2) Where a respirator is permitted by subparagraph (1) of .this paragraph. It shall be selected from among those ap proved by the Bureau of Mines. Depart ment of the Interior, or the National In stitute for Occupational Safety and Health, Department of Health, Educa tion. and Welfare, und-r the provisions of 30 CFR Part 11 (37 F.R. 6244. Mar. 25. 1972),' and shall be used In accordance with subdivisions (D, (11), (ill), and (iv) of this subparagraph. (1) Air purifying respirators. A reusa ble or single use air purifying respirator, or a respirator described In subdivision (II) or (111) 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 exnected to exceed no more than 10 times those limits. (ID Powered air purifying respirators. A full facepiece powered air purifying respirator, or a powered air purifying respirator, or a respirator described in subdivision (111) 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 timeweighted average concentrations of asbestos fibers are reasonably expected to exceed 10 times, but not 100 times, those limits. (Ill) Type "C" supplied-air respirators, continuous flow or pressure-demand Class. A type "C" continuous flow or pres sure-demand, supplled-alr respirator shall be used to reduce the concentra tions of airborne mbestos fibers In the respirator below the exposure limits pre scribed ln.paragraph (b) of this section, when the celling or the 8-hour timeweighted average airborne concentra tions of asbestos fibers are reasonably expected to exceed 100 limes those limits. (lv) Establishment of a respirctor pro gram. (a) The employer shall establish a respirator program In accordance with EEDEtAl KEOISTtS, VOL 37, NO. 110--WEDNESDAY, JUNE 7. 1972 SGP 0006737 !k * RULES AND REGULATIONS 11321 , the requirement* of the American Katlonal Standards Practices for Resplra- I '. tory Protection, ANSI Z88.2-1969, which , is incorporated by reference herein. / b. Sec (1910.6 concerning the availI ability of ANSI Z88.2-1969 and the maln> tenance of an historic file in connection therewith. The address of the American National Standards Institute is given in i 1910.100. (c> No employee shall be assigned to tasks requiring the use of respirators if, based uix>n Ills most recent examination, an examining physician determines that 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 hisuse of a respirator. Such employee shall be rotated to another Job or given the opportunity to transfer to a different po sition whose duties he is able to perform with the same employer, in the some geo graphical area and with the same senior ity. status, and rote of pay he had Just prior to such transfer, if such a different jKisition 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 exiioscd 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 cmDloyment exposed to airborne concentrations of asbestos fibers In ex cess of the exiiosure limits prescribed in paragraph (b) of this section, the em ployer .-.hall provide chnnge rooms for employees working regularly at the place. iii> 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 work clothes. ill) Laundering: (a) Laundering of asbestos contaminated clothing shall be done so as to prevent the release of air borne asbestos fibers In excess of the ex posure limits prescribed In paragraph (b> of this section. (6> 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 this section. ic> Contaminated clothing shall be transported in sealed impermeable bags, or oUier 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 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 shall cause every place of employment where asbestos fibers are released to be monitored In such a way as to determine whether every employee's exposure to asbestos fibers is below the limits pre scribed in paragraph (b) of this sec tion. If the limits are exceeded, the em ployer shall immediately undertake a compliance program in accordance with paragraph <c> of this section. (2) Personal monitoring--(1) Sam ples shall be collected from within the breathing zone of the employees, on membrane filters of 0.8 micrometer porossity mounted In an open-face filter holder. Samples shall be taken for the determination of the 8-hour timeweighted average airborne concentra tions and of the celling concentrations of asbestos fibers. (11) Sampling frequency and patterns. After the Initial determinations required by subparagraph (1) of this paragraph, samples shall be of such frequency and 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--(1) 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 (1) of this paragraph, samples shall be of such frequency and pattern as to represent with reasonable accuracy the levels of exposure of the employees. In no case shall sampling be at intervals greater than 6 months for 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 where airborne concentrations of asbestos fibers-may be in excess of the exposure limits prescribed In paragraph (b) of tills section. Signs shall be posted at such a distance from such a location so that an employee may read the signs 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. (11) Sign specifications. The wamlne signs required by subdivision (1) of this subparagraph shall conform to the re quirements of 20" z 14" vertical format signs specified In 11910.145(d)(4), and to this subdivision. The signs shall dis play the following legend In the lower panel, with letter sizes and styles of a visibility at least equal to that specified In this subdivision, legend Notation asbestos'..______ ... Dust Hsssrd. Avoid Breathing Dust... Wear Assigned Protective Equipment. Do Not Remain In Area Unless Your Work Re quires It. Breathing Asbestos Dust May Be Hazardous To Tour Health. I" Bans Serif, Gothic or Block. fe" Sans Serif, Oothle or Block. 14" Oothle. 14" Gothic. 14" Gothic. 14 point Oothle. 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, 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: Caution Contains Asbestos Fibers Avoid Creating Dust Breathing Asbestos Dust Ms; Cause Serious Bodily Harm (h) Housekeeping--(11 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 collected and disposed of In sealed Impermeable bags, or other closed. Impermeable containers. (1) Recordkeeping--(1) Exposure rec 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 years and shall be made avail able upon request to the Assistant Secre tary of Labor for Occupational Safety and Health, the Director of the National FEDERAL REGISTER, VOL 37, NO. 110--WEDNESDAY, JUNE 7, 1972 SGP 0006738 11322 RULES AND REGULATIONS institute for Occupational Safety and Health, and to authorized representa tives of either. , <2* Employee access. Every employee and former employee shall have reason able access to any record required to be maintained by subparagraph (1) of this 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 shall be notified in writing of the expo sure as soon as practicable but not later than 5 days of the findine. The employee sliall also be timely notified of the cor rective action heimi token. (J) Medical examinations--(1) Gen eral. The employer shall provide or make available at lii.i cost, medical examina tions relative to exposure to asbestos re quired by this paragraph. 21 Preplacemrnt. The employer shall provide or make available to each of his employee:;, wi'hin 20 calendar days fol lowing liis first employment in on occupation cxitoscri to rJrborne con centrations ot asbestos fibers, a compre hensive medical examination, which shall include, as a minimum, a chest roent genogram ipostci ior-anterior 14 x 17 Inches >. a history to elicit symptom atology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second tFEV,,). (3) Annual examinations. On or be fore January 31. 1973. and at least an nually thereafter, every employer sholl provide, or make available, comprehen sive tncdxnl examinations to each of his employees engaged in occupations exlosed to airborne concentrations of as bestos fibers. Such annual examination shall include, as a minimum, a chest roentgenogram (posterior-anterior 14 x 17 inches), a history to elicit symptom atology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume ot 1 second (FEVi.). (4) Termination of employment. The employer sholl provide, or make avail able. within 30 calendar days before or after the termination of employment of any employee engaged in an occupation exposed-to airborne concentrations of asbestos fibers, a comprehensive medical examination which shall include, as a minimum, a chest roentgenogram (pos terior-anterior 14 x 17 Inches), a history to elicit symptomatology of respiratory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second iFEV..). <51 Recent examinations. No medical examination Is required ot any em ployee. If adequate records show that the employee has been examined in ac cordance with this paragraph within the past 1-year period. C) Medical records--(I) Mainte nance. Employers of employees examined pursuant to this paragraph shall cause to be maintained complete and accurate records of all such medical examina tions. Records shall be retained by employers for at least 20 years. (11) Access. The contents of the rec ords of the medical examinations required by this paragraph shall be made available, for Inspection and copying, to the Assistant Secretary of Labor for 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 paragraph shall furnish to the employer 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. 3. A new 11910.19 Is added to Subpart B of Part 1910. reading os follows: S 1910.1*) Atlfiloi dint. Section 1910.93a shall apply to the ex posure of every employee to asbestos dust in every employment and place of employment covered by 11910.12, I 1910.13. I 1910.14.1 1910.15. or | 1910.10, in lieu of any different standard on ex posure to asbestos dust which would otherwise be applicable by virtue of any of those sections. Effective date. Paragraph (b)(2) of 11910.93a shall become effective July 1, 1976. All other provisions of II 1919.93a, 1910.93, and 1910.19 shall become effec tive July 7, 1972. The current emergency temporary standard remains in effect until July 7. 1972. (Secs. 6. 8. 84 Stat. 1S93, ISOS; 20 U.S.C. 656. 65*7; 29 CFR 1910.4; Secretary of Labor** Order No. 12*71. 30 F.R. 8764) Signed at Washington. D.C., this 2d day of June 1972. G. C. Guenther, Assistant Secretary of Labor. [FR Doc.72-8574 Plied 5-0-72;5:48 unj ,aV7'j< /.,/y\N> h-; I --1 (-V: . </ Va v wx \7