Document yrgY37aNxrjK9om1Gj1omdnwD

FILE NAME: Foseco (FOS) DATE: 1972 June 7 DOC#: FOS027 DOCUMENT DESCRIPTION: Federal Regulations Title 29--LABOR IT.p. TMK] Hons to r a n O ccupational - Exposure exposure to asbestos fibers and the ap S ta n d a rd f o r Asbestos b y th e H&tton&l p earan ce of adverse biological m anifes PART 10-- ARTICLES CONDITIONALLY In s titu te fo r O ccupational S afety a n d tation*, su ch as asbestos!*, lu n g cancers, . FREE, SUBJECT TO A REDUCED H ealth (H IO S H ), Public no tice was given an d m esotheliom a, h av e given rise to SATE# ETC. of the receipt of the recommendations controversy as to the validity of the and th eir availability fo r inspection an d msastEring techniques used o ad the relia Fra a W ith d ra w a l of S u p p lie s a n d copying. O n o r a b o u t F eb ru ary 25,1372. bility o f th e relation* attem pted to be - Equipment for Aircraft the Advisory Committee on AsbestosD ust established. Because of the long lapse . In accordance w ith section 309(d), stoubtmh eittAedssUisstanwtriStteecnrertaercyomo fmleanbdoatriofnosr boifoltoimgiecabl emtwaeneinfesotnastieotnosf, ewxepohsauvree naonwd T ariff A ct of 1930, a e em ended <19 TJ.S.C. 1300(d)>, th e D epartm ent o f Com m erce Occupational Safely and H ealth. evidence of the consequences of exposure, h as found e n d u n d e r date o f A pril 29# a hpeuarrsiunagnwt taos htheeldnoonticMe aorfchro1le4 mtharokuinggh, bmuetawsueredso onfo tthheavlee,vetols goefneerxapl,oascucreuroacte 1372. h as advised Hie T reasury D epart m en t th a t Poland allows privileges to 17.1972, lo r th e purpose of raceirfn* oral curring 20 or 30 years ago. which have aircra ft registered in the U nited S tates data, views, an d argum ents ooncontog given rise to these consequences. T here a n d oncaned to foreign .tra d e su b stan th e proposed sta n d a rd . O n- o r sh o u t a r e also controversies concerning th e tially reciprocal to those provided to r In M arch 31,1972. th e presiding h earin g ex relative toxicity of th e various kinds ot sections 300 and 317 of th e T ariff A ct of am in er certified to th e A ssistan t (Secre asbestos, a n d varying hazards to dif 1930. os am ended (10 tLS.C. 1309,1317). ta r y o f L abor fo r O ccupatltm sl S afety fe re n t w orkplaces. T he sam e privileges are therefore hereby am t H ealth the record o t th e roceedtag. I t is fair to say th a t the controversy extended to a ir c ra ft registered in P o lan d T h e record Includes p reh earin g w ritten h a s ce n te red to th e area between a two- an d engaged to foreign trad e effective as comment*, a trn n ferip t of th e oral p res fiber TWA concentration an d five-fiber of the date of such notification. entations m ade a t the Hearing, and nu TWA concentration, with variations on Accordingly, p arag rap h (f) o f S 10-59, m erous ex h ib its received d uring th e th e tim e needed for compliance; M any custom s regulation*. Is am ended by Hie course of th e bearing o r w ithin th e pe employers support a five-fiber TWA. insertion o f P o la n d In a p p ro p ria te al riod allowed a fte r th e d o s e Of th e M eat m edical opinion Is divided betw een phabetical order and the num ber of this hearing. a two-fiber standard and a five-fiber Treasury decision to the opposite col T he proposed standard dealt with (1) standard. um n headed "T reasury Decision 0 0 " In permissible concentrations of asbestos I n view of the undisputed grave con th e list of nations to th a t paragraph. fibers: (2j m ethods of eompBftnce: (3) sequences from exposure to asbestos (S ees. 309 3 1 7 .6 2 4 , 4 0 9 U t. COO. a* amended, iwcaalrneixnagmsiignnasti:o(n4s): manodn it(o6r)ie.rse: c(o5r)dkmeeedp friebgeurlsa. tIetdIsneoswse, notnialththoabt athsies eoxfptohseurebebset 010062,4)w Amended. 769; 1 U .S .C .' 13W. 1317, ing. E ach of th ese m a jo r proposals elic evidence available now. even th o u g h it Iseat.1 Edwin F; Rains, ited comments, argum ents, objections, may n o t he as good ns scientifically de and counterpropcsat*,They all have been sirable. An asbestos standard can be re- Acting Commissioner o f Customs. exam ined an d considered. eTsduatcd to th e light of th e results of Approved; May 25,1972. 1. A cceptable concentrations o f asbesongoing studies, a n d future studies, b u t S bcxbs T . R ossjdes, tos d u st. T h e proposed sta n d a rd would can n o t w ait for th e m . Lives 61 employees lim it occupation si exposure to X-htrar are a t stake. Assistant Secretary o f the tlm c-w flghlcd average (TW A) airborne I t is concluded th a t th ere should be Treasury. concentrations of asbestos d u s t n o t ex oner m inim um sta n d a rd , o f exposure to J F II De,72~B578 P iled 5 -0 -7 3 ;5 ;6 0 &rrJ ceeding five 'fib e r s lo n g w th a n five asb esto s appBksSIfe. t o a h w orkplaces ex m icrometers per m illiliter. Concentra posed to an y kind, or m ixture of kinds, tions above five fibers b u t n o t to exceed of asbestos, Reasons of practical ad 10 fibers (celling concentration) w ould m in istratio n preclude a variety of sta n d be p erm itted u p to 15 m in u tes to a n h o u r, ard s fo r different kinds of asbestos and C hapter ^XVlt---O ccupational S a fe ly b u t fo r n o t m ore th a n 5 h o u rs to an y one of w orkplaces. Also, while the evidence and Health Administration, Depart 8-hour day. tends to show th a t crocldollto; fo r in m ent of Labor NTOSH to effect h a s recommended stance. is m ore harm ful th a n chrysolite, th a t the five-fiber TW A a n d 10-fiber the evidence Is n o t sufficient to establish PART 191 p --OCCUPATIONAL SAFETY p eak co ncentrations be perm itted only separate sta n d a rd s for varieties of AND HEALTH STANDARDS for 2 years: thereafter. TWA concentra asbestos. tions should be not more than 2 fibers Because there m ust be one standard S tandard for Exposure to A sbestos' p e r cubic centim eter (cm.*) of a ir, a n d governing exposure to all varieties ot Oust peak concentrations sh o u ld n o t exceed 10 asbestos, and In workplaces apparently, fibera/cm.*, w ith n o tim e restriction. m ore hazardous th an others: because ` o m jttx - m b e r 7-, 1971, a n emergency N um erous -Q bicctlons-aud counterpro some p re se n t etnployees.w ith.regular ex.-... temporary standard concerning exposure posals have been made, with regard to pegure to asbestos have probably al to asbestos fibers was published in the boll) the lim its of asbestos fiber concen ready accum ulated great doses of asbes PKnrasa n r o ts n ta (36 P.R. 23307. Jn ac tra tio n s a n d th e lim e periods lo com ply tos fibers, due to higher levels of ex cordance w ith section 8tc) (3) ol Uie W it- w ith them . Som e, lo r exam ple, Have rec posure in Dio p a s t; because It appenrs Uam a-Stelger O ccuptalonat S afely an d om m ended r e tu rn bo a 12-flber sta n d a rd th a t levels of exposure which m ay be H ealth A ct of 1970. a no tice o f proposed o f a n earlier dtsy: Lo., a level adopted safe w ith re g a rd to asbestos!* a r e n o t rulem aking regarding a perm anent under the W alsh-Heatey Public Con safe with regard to toesothclloma: be sta n d a rd fo r exposure to asbestos libers tra c ts A ct to 1969- O thers h ave recom cause th e s ta tu te requires the protection w as published In th e PcoerauK ecjsra * on m ended a tw o-fiber sta n d a rd lo becom e of every em ployee, even ot ono w ho m ay Ja n u a ry 12. 1973 (37 F.R . 46S>. T h e no- effective to 6 m onths, th e n a ona-fiber have re g u la r exposure to asbestos during Uca Invited interested persons to subm it sta n d a rd fo r 2 years, a n d finally a zero- a w orking life w hich m ay reach, o r even both orally a n d to w riting, d ata, views. fiber stan d ard a lte r 3 years. T hese r e c exceed, 49 years: and because ot several and argum ents concerning th e proposal, oram endatlons give a f a ir Indication ot o th er considerations which hav e been O n o r about Ja n u a ry 28. 1973. th e Ad Uie wide sp read of the counterproposals. urged a n d a re reflected to th e reco rd ol visory Com m ittee on Asbestos D ust was No one hns disputed th a t exposure to the proceeding, th e conflict in the medi established and requested to m oke w rit asbestos of high enough intensity an d cal evidence la resolved In favor of the te n recom m endations w ith regard to th e long enough duration is causally related h e a lth o f employees. As Of July I. 1070. proposed sta n d ard on asbestos. O n or lo asbeatosU a n d cancers. T he dispute Is TWA concentrations of asbestos fibers about February 1,1973. th e D epartm ent s s to the determ ination of a specific level longer th a n 5 m icrom eters trill n o t be of H ealth, Education, an d W elfare tran s below which exposure. Is safe. Various allowed to exceed two fibere/cc.. w ith a m itted to th e S ecretary o f L abor a cri studies attem p tin g to establish q u a n tita celling value of 10 fib e rs / . The c u rre n t teria docum ent containing Hecbmmcnda- tive relations between specific levels of TWA concentrations of five fibers, and rroiSAi SEcisria, vot. 37, no. n o ---whinssoay, juhe r, 1972  ^ y ^ f SftitV ^ ISS^S I RULES AND REGULATIONS 11319 celling concentrations of 10 flbers/cc, wiflbe perm itted until July 1 .1 # . du r ing w hat-irtll I a tnm ^tlcnal period deemed necessary to allow employers to rake th e needed changes for com ing Into compliance with the m ore stringent "*t*jxlsrdL Tim r ecor d show s th a t th e m any w ork operations subject to the single asbestos Standard/!textile, m anufactorln*. lndus. trial, a n d m arine installation, etc.! will m eet varying degrees of difficulty in roroptyin* w ith th standard. In som e plants, extensive redesign and -reloca tion of equipment may be needed. It-a p pears, however, th e delay in th e effective date of th e two-fiber standard will pro vide all employers a reasonable tim e to com ply-At the sam e time, so long as th e celling lim it is complied w ith, no h a rm is reasonably expected to resu lt fro m ex posures during th e transitional period, X M ethods of compliance. I t h a s been pointed out by m any persons, th a t pro tection against asbestos fibers is best obtained by controlling th e generation o f fibers first, and secondly, b y controlling the dispersion of released fibers into th e am bient a ir o f th e -workplaces. T herefore, the standard requires feasible techno logical controls an d appropriate w ork practices as the prim ary m eans of com pliance. R otation of employees as a w ay or meeting the TWA concentration re quirem ent Is allowed only in stated ex ceptional cirenm stancas.-because, as a general-rule, i t would .be dlfflcult t o im plem ent. such: a s respirators, can n o t bo u dit a upon because, am ong otheexeason*. they may be so uncomfortable as to be b u r densome. except for short periods o f time.- T h erefo re, i t i s expected t h a t r e s - durlng th e period necessary to Install en gineering contrpls and to train employ ees In sound work practices, but. a fte r technological compliance h as been s C d ts e S , f ta C -dfie m o s t i e yufiU A t o spedai work situations and emergencies. W here both are practicable, sh ift ro ta tion is required. 3. ZafteHrig. T h e proposed s ta n d a rd stopped sh o rt of requiring labeling as bestos a n d asbestos-containing products. The proposed standard would bave re quindhjQnly -w arning signs a t locations where asbestos hazards are present. However, labeling, rather th a n w arning signs, h as proved to be a p o in t o f con troversy. B oth NIOSH and the Advisory Committee on Asbestos B u st xecom- fibers, so th a t these would n o t be released in the norm al use of th e products, should n o t be required to be labeled: a n d (21 words such as "d an g er" and "cancer" are unwarrantedly alarm ing. B oth contentions have m erit, and the standard h as been changed accordingly, 4. Monitoring. T b o proposed stan d ard would have required personal m onitor ing and environm ental monitoring. M any issues hav e b een raised concerning the availability and reliability o t meas uring instrum ents, frequency of moni toring, end conditions in which m onitor in g should be required. T h e adopted standard takes th e objections Into con sideration. I t requires periodic m onitor ing a t Intervals n o longer th an 0 m onths. Urns allowing considerable tim e a n d dis cretion. and prescribes th e use of the membrane filter m ethod, which Is an ac ceptable m ethod fo r determ ination of asbestos fibers. I t has also been recommended th a t employees o r tbebrrepresentatives should have an opportunity to observe the monitoring. T he recom m endation has been accepted. 5. Medico! exam inations. T h e pro posed standard would only require an appropriate medical exam ination on a periodic basis. T he generality of the pro posal baa attracted m any objections and also many helpful com m ents. T h e recom m endations o f N IO SH an d o f th e Advi sory Committee on Asbestos B u st were m uch more specific w ith respect to both frequency and type of m edical exam ina- ~ti = s .-riHro req u ired . T h e com m ents vary TKFto "the class of employees to b e ex amined and as to th e frequency of the exam inations.' T he adopted stan d ard requires medical wsamlniWocgrbPth-w t-thc-beginning and th e term ination of em ploym ents exposed to concentrations o f asbestos fibers, and also requires annual m edical exam ina tions of every employee exposed ta aJvVxjrne con cen tratio n s cd asbestos. T t h a s been pointed o u t th a t to certain Indus tries, such as construction, a n employee m ay work for several employers during th e sam e year. Accoedlnab-. th e stan d ard does not require either preemployment, or term ination, or periodic exam lnaton of any employee who h a s been exam ined in-accordance w ith th e standard w ith in the p ast year. One question w hich has been raised goes to whether the employer or the em ployee should be allowed to choose the examining physician. T he standard 6. Record!. T h e sta n d a rd , ns proposed and a s adopted, requires m aintenance of records of monitoring nnd of medical exam inations. M ost of th e controversy In this area has revolved around the ques tion w hether an employer should be al lowed to bnvr access to th e results of the required medical examinations. The apprehension of those who have argued against employer ncccss is based on the expectation th at some employers will use the m edical exam inations os a m eans of screening employment applicants, nnd worse, ns grounds lo r dLvchnrglng current employees, who show signs of being af fected by exposure to asbestos. Since the purpose of the medical exam inations Ls to m onitor the health of employees ex posed to the hazards or abestoa. em ployees cannot in reason be granted the privilege of refusing lo disclose to their employers results of occupational expo sure. I t does n o t moke sense to require employers to provide medical examina tions if they cannot know and use the results of the exam inations. For these reasons th e s ta n d a rd provides th a t em ployers m ay have a restricted access to some medical Inform ation. On the other hnnd. there is no Inten tion to allow employers lo nbusc medical inform ation obtained pu rsu an t to the Act. to the d etrim ent of employees. Therefore, the adm inistration of the medical records requirem ent will be closely watphed. and. In cases of abuse, appropriate action wlil b e considered. T h e issues discussed above a r e believed to be th e m ajor ones. N um erous other Is sues have been raised to the rulemaking proceedings. Som e have been referred lo Incidentally. M any recommendations, for Instance, about work practices, are so obviously m eritorious th a t their adop tion needs no exposition here. Other recom m endations and m any objections h a v e n o t h r rn ndgnUrt fpy a variety ot 'reasons which shduW 'br-.iiim dexfeyfwT~ eral. for Instance. have recommended the use of respirators only pursuant to a variance, or to cases of emergency and occasional short-term exposures. The recommendation with respect to vari ances undoubtedly h as m any merits." b ut lx considered adm inistratively 1m- -practlcah- -- ...................... Accordingly, after consideration of the whole record of the proceeding, nnd pursuant to scellons 6 tb) nnd (c) and 8(c) of ttie W ilUam s-stelger Occupa- osb t l Products and containers, and these recom m endations Vitame very controversial to ttoTroimn! of th e proceeding. Many c m m W r ^ proposal, have been made a s ^ f w eives the option to some employers - 1 examination p m a1*- have m edL -- <mw* ynwHga _ffilployer. Since , MV* m edical Operation, and. fith e n ts vrith oh tionnl Safety and H ealth A ct of 1970 (84 StaU 1593. 150G, 1599; 29 UB.C. 855, G57). 29 c m . 1910.4. and lo Secretary of L abors O rder No. 12-71 (38 P JL 8754). guage of the w arning as well as to th e products to be subject to the labeling requirements. Employers, in general, strongly contend th a t (11 finished p ro d ucts w hich effectively en trap asbestos -j-.------f v o p u W A . r t a M H . Ui * - tos-ielated diseases. It seems more reasonable to p erm it them to utilize the present programs an d expertise, th an to perm it an employee to choose a private general practitioner. P a rt 1910 or T itle 29 of th e Code of Fed eral Regulations is amended as set forth below. (1) Section 1910.93 is am ended by re vising Table G-3 to read os follows; 30?>' * s ^ S ^ S `. 'gd* 11320 9UIES AND REGULATIONS 1910.93 Air oolaBilnnU. T tu x O-V-Mnnoui. BtM M p iif to which any employee m ay be exposed id) Personal protective equipment-- aboil n o t exceed two fibers, lo n g e r th a n <1> Com pliance w ith th e exposure lim its S m icrom eters, p e r cubic c e n tim e te r o i prescribed by parag rap h <b> Of th is secair. at determ ined by the m ethod p re tlo a m ay n o t bs achieved by the use of scribed in p a ra g ra p h <e> of th is section. resp irato rs o r sh ift ro tatio n of em 13) Ceiling concentration. N o e m ployees, except: ployee sh a ll be exposed a t an y tim e to fl> D u rin g the tim e period necessary m ik * alibom o concentrations of asbestos to install the engineering controls and Q u a rt* (fttp lttlil*).. '. .*'..* r js i o > + 3 fibers in excess of 10 fibers, lo n g e r th a n to In stitu te the work practices required * 5 8 i O i + 2 5 m icrom eters, p e r cubic c e n tim e te r of b y p a ra g ra p h ic> of this section; Q g m u ( t o t a l d e r t ) ..................... . 'U nic/M * air, as determ ined by the m ethod pre 111) I n w o rk 'situ atio n s in w hich th e scribed In p a ra g ra p h (e> o f th is section. m ethods prescribed in p a ra g ra p h fc) of C V btotaU iK r * * K U * . !c> M ethods o t compliance-- (1) Z h - tills section are either technically n o t rn Ju ic & iM b U d fr h * w u t w e u * * terrsDih* Set g in terin g m ethods. (1) E ngineering c o n - feasible or feasible lo an ex te n t Insuffi Iroh. Engineering controls, sa ch as. b a t cient to reduce the airborne concentra k t r a t a iW fr w n th o ter- n o t HmUed to. Isolation, enclosure, 'ex tions o f twberios fibers below, the lim its h au st ventilation, and dust collection, prescribed by r-n tg rap h (b) of this A rofcfpboo*, frv tsrfin x r e t a r d y> iO m u /Jf* sh a ll b e used to m eet th e ex p o su re lim its se ctio n ; o r prescribed in p arag rap h lb ) o f th is (111) In emergencies, XMOi section. liv) W here both respirators and per B S H rx tti d ry s H a n i% tiyfrlain u K iU k s): (ID Local exh a u st ven tila tio n . (o> lo cal exhaust ventilation an d d u st col sonnel rotation are allowed by subdivi 3> lection systems shall be designed, con sions (I), ill).-o r fill) of this subpara v> ,, ?8 3 C it*t-s * v*v - * 1 !A stru c te d , in stalled , a n d m a in ta in e d In gneral prho.taatniodnbsohtahllarbee pprraecfteircraebdlea,npderussoend. u accordance vritb th e American N ational Standard Fundam entals Governing the 12) W h ere a respirator Is perm itted by tre* e a st Design and O peration of lo c a l E xhaust subparagraph ID of this paragraph. It T v iJ M riU tn S Z S iO t....... VC iv n z fy t* System s. ANSI Z9.S-1971. w hich is In shall be selected from among those ap corporated by reference herein. proved bv the Bureau of Mines. D epart h r t s c S o Iow ki* l > u * t : T V = iO H 7 fb) S e e } 1010. concerning th e a v a il mstietnutteof fthore InOteecruio--rv, tolorntnhie NSaatfieolnyal aInnd K f * j t | ; r * b V f m t f o o . .................. 16 ISnm rM * ability of A N SI 9 .2 -1M l, a n d th e m aintenance of a historic file in connec H ealth, tk T i'rtm c n i o t H ealth , Educa- tion therew ith. T he address of th e Amer tion.and-W elfare.um l"r the provisions of N o n e C<M5TmW *7 f a c t o r * -- fT >M *t/X JSul*llO f> fB W ltolr* p d f f o b Ictn rtrf ic a n N ational S ta n d a rd s in s t i t u t e Is 31097C2F).Ra nPda rstha11ll (b3e7 uPsEed. 6In2 a,ccMoradra. n2c5e, I A H & k *t a *4 r * t o iW f M * 1 * lr . I*'# *) given In i 1910.100. with snbdlvlrions 'I ', fll). (ill), and flv) I h jj n y rt i+rapSrs c * u i i t * 4 b y tJjcht-fW rt till) Particular toots. Alt h an d -o p of IM ssubparreraph. T V p e r w t f U i * d c r r s t o l f t w s i l k * b lir f frrrtxj}* 1% I b e a x a * * a l t f f U s r jn h t c d 1 % ntr-borix* erated and power-operated tools which m ay produce o r release asbestos fibers >n A ir p tir l/g 'm respirators, A reu sa m * j ) t & t b s * fcft*o crii in >*h teb 0 * b r o r ll** f e r e jire ff sh o w n ia h r f> p lk b V . In excess of th e exposure lim its pre ble ctr single u-e n lr purifying' resp irato r, J U i V l y r m k m ! b y tlH ? w vftttlifHfii* f i l V r o r t l o l a l 430 X f*>n tnw t -fn s^ n U V sJItn . scribed In p a ra g ra p h <b> of th is section, o r a respirator described In subdivision fll) o r (HI) or this subparagraph, shall -** Ito th c o n m t t r a t t o n >osvj ( w m l }t3 *rtir f c f O i^ B M t i l o i t o f f ot 1h U t h J t * t o V W * 7 i t i n * - l l r * b such as..but n o t limited to, saws, scorers, abrasive wheels, and drifts, shall he pro be used to reduce tho concentrations of fc-7 th In trtkfti r o n d n e * rb A n rtrrtstk s: -w llh Ih ** fo C w r lftr vided w ith lo cal ex h au st v e n tila tio n sy s baeirlbowo rnleh*asetrxrpso'ossurfeibelirms iItns tphreesrcersipbierda toInr tem s in accordance w ith subdivision ill) Of th is su b p a rag rap h . p arag rap h (b> of th is section, w hen th e A rr# -b 'rao ik iJb a iH r r im r it >tf7iQ r.5ritM -) 1` o r m i t tKk&Qn H lK to r <2> W o rk practices--III W e t m ethods. colling o r th e 8-hour tim e-weighted aver age airborne conw ntratlons of asbestos JA; 2 2 .3 In s o fa r a s p racticable, asbestos sh a ll be fibers a re re.-tronaWv exoected to exceed w handled, mixed, applied, rem oved, cut. no more than ' 0 times those lim its. 73 scored, or otherw tss worked In a wet sli 3 .3 ku Sn sla te sufficient to prevent th e emission fll) Powered air pwrifsrtng respirators. I- w 0 o f airb o rn e fibers In excess o f th e (ex A lu ll facepiece powered a ir purifying posure lim its prescribed In parag rap h respirator, o r a powered air purifying Tle n4KTSiMili ii4w Ulb irrirr to ibe nw* of tb l of th is sectio n , unless t h e usefulness resp irato r, o r a resp irato r described In an AS5C btstnn*, II ibo rwfJfafcif' fnartloa tt of th e product would be dim inished subdivision rill) of thl3 subparagraph, ` *;: ioiuati2. az/aj*i*t **bv #*ra*ut u Mzm*. thereby. shall be used to reduce the concentra 2. A new } 1910.93a is added to P a r t 111) P articular products and. opera tions or airborne asbestos fibers In the respirator below th e exposure lim its-pre 1910, reading a s follow s: tions. No asbestos cement, m o rta r, coat scribed in paragraph (b) of this section, g 1910.93 AW to*. ing. grout, plaster, o r sim ilar m aterial when th e ceiling or the 8-hour tim econtaining asbestos shall be removed (a) Definitions. Tor the purpose of from bags, cartons, or other containers weighted average concentrations of asbestos fibers arc reasonably expected th is section. (1) "Asbestos" includes In w hich th e y a r e shipped, w ith o u t being to exceed 10 times, but n o t 100 tim es, chrysolite, am osite. croeldollte. trem o- eith er w etted, o r enclosed, or v entilated those lim its. f;v Ute. anthophylllts. and actinollte. so as to p revent effectively th e release of (21 "Asbestos fibers" m eans asbestos airb o rn e asbestos fibers in excess of the fill) T a p e "C" suppllcd-air respirators, fibers longer th a n 5 micrometers. lim its p rescrib ed in p a ra g ra p h <b> of continuous /low or pressure-demand class. A type "C" continuous flow or pres tb) Permissible exposure to airborne this section. sure-demand. supplled-alr respirator concentrations a f asbestos fibers-- ID till) Spraping, demolition, or removal. shall be used to reduce th e concentra Standard effective duly 7, JS72. T h e Employees engaged in the sp ray in g of tions of airborne asbestos fibers In the 8-hour tim e-w eighted average airborne asbestos, th e removal, o r dem olition ot respirator below the exposure lim its p re concentrations o f asbestos fibers to pipes, stru ctu res, or equipm ent covered scribed in paragraph lb) of this lection, which any employee m ay be exposed o r insulated w ith asbestos, a n d in tho w h at th e ceiling or the 8-hour tlm e- shall n o t exceed five fibers, longer th a n rem oval o r demolition of asbestos in welghted overage airborne concentra 5 micrometers, p e r cubic centim eter of sulation of Coverings shall be provided tions of asbestos fibers are reasonably r - nsclrri,baesd dInetperamraignreadp hby<et>h eo fmtheitsh osdectpior en. awnicthe wreistphirpaatroargyraepqhui(pdm) e(2n)t (iinll) aocfcothrdis expected to exceed 100 tim es those lim its. <21 Standard effective J u ly I , 1976. section a n d w ith special clo th in g in ac (iv) E stablishm ent o f a respirator p ro 'five 8-hour tim e-w eighted average a ir cordance w ith paragraph Id) (3) of this gram. (n) The employer shall establish borne concentrations of asbestos fibers section- a respirator program In accordance with IEOE2A1. KEGI51EB, VOU 3 7 , H O . 1 10-- W C t 5 P A Y , JUNE 7 , 1*72 RULES AND REGULATIONS 11321 ih Wiulreniaats o ft h e American Haticaar Standards Fraitices lor Keapiratorr Protection. ANSI Z883- 1969. which is incorporatili h r referenco herein. h. See i 1810.0 corserning th e avail ability of AN SI Z88-3M889 a n d th e m n ln tenoncs of an historic fils In ecrm ecitca therewith. The address of th e American National S tandards Institute is given in J 1910.100. fe) No employe shall be assigned to tasks requiring th e m e of respirator if, based upon his m ost recent exam ination, an examining physician determ ines th a t th e employee trill b e unable to function normally wearing a respirator, o r th a t the safety or h ealth of the employee o r other em ploy'w ill be Im paired b y his. m e of a respirator. Such employee shall be rotated to another iob o r given the opportunity to transfer to a different po sition whose duties he is able to perform with the sam e employer, in th e sam e geo graphical area an d with th e sam e senior ity, status, and ra te of pay h e h ad Just prior to such transfer, if such a different position is available. (3) Special clothing: T h e em ployer shall provide, and require th e use of. spe cial clothing, such as coveralls or sim ilar whole, body clothing, head coverings, gloves, and foot coverings fo r a n y em ployee exposed to airborne concentra tions of asbestos fibers, which exceed th e ceiling level prescribed In p arag rap h lb) of this section. (4) C hange room s: <i> A t a n y fixed place of employm ent exposed to airborne concentrations of asbestos fibers to ex cess of th e exposure limits prescribed in paragraph tb) of this section, th e em ployer shall provide change room s for employees working regularly a t th e place. til) Clothes lockers: T h e em ployer shall provide two separate lockers o r con tainers for each employee, so separated or Isolated as to prevent contam ination of th e employee's s tre e t clothes fro m h is work clothes. (ill) L aundering: to)- la u n d e r in g of asbestos co n tam in ated clo th in g s h a ll be. done so as to prevent the release of air borne asbestos fibers in excess of th e ex posure lim its prescribed In paragraph tb) of this section. (6) Any em ployer who gives asbesteacontffiminated clothing to a n o th e r person fo r laundering shah inform such perron of the requirem ent in to) of th is subdi vision to effectively prevent th e release of airborne asbestos fibers In excess of the exposure lim its prescribed 'in p ara graph tb) of this section. (c) C ontam inated clothing sh a ll be. transported in sealed impermeable bags, o r other closed, impermeable containers, and labeled In accordance w ith p ara graph (g> o f th is section. (e) M ethod o i measurement. All de term inations of airborne conceatratlons of asbestos fibers shall be m ads by the membrane filter m ethod a t 400-450 X (magnification) (4 mflUmaler objective) with phase co n trast Illumination. tf> MonitoHrtu-- U> in i t i a l d e te rm i nations. within s m onths or th e publi cation of this section, every em ployer shall cause every place of em ploym ent where asbestos fibers are released to be monitored in such a way as to determ ine w hether every employee's exposure to asbestos fiber* is below th e lim its p re scribed In p a ra g ra p h ' <b> o f th is sec tion. i f the lim its are exceeded, th e em ployer shan im m ediately -undertake a compliance program in accordance with paragraph (el of this section. (2) Personal m onitoring-- (I) S am ples shall be collected from w ithin the breathing zone of th e employees, on m em b ran e filters o f 0.8 m icro m eter poyossity m ounted In a n open-face filter holder. Samples shall be taken for the determ ination or th e 8-hour Umcwelghted average airborne concentra tions and of the celling concentrations oi asbestos fibers. (II) Sam pling frequency an d p atterns. A fter the Initial delermSnutlons required b y su b p a rag rap h <1> o f th is p a ra g ra p h , sam ples shall be of such frequency and p attern as to represent w ith reasonable accuracy th e levels of exposure of em ployees. In n o cose sh all the sam pling be done a t Intervals greater than a m onths fo r employee whose exposure to asbestos m ay reasonably be foreseen to exceed th e lim its prescribed try p a ra g ra p h ib> o f thin section. (3) E nvironm ental m onitoring--(1) sam ples 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. Sam ples shnll be collected on a m em brane filter o f 9.8 raicrcm cler porosity m ounted In an open-face filter holder. Samples shall be taken for the determ ination of th e 8 . hour lime-weighted average airborne concentrations and of the celling con centrations of asbestos fibers. ill) Sam pling frequency and patterns. A lter the Initial determ inations required by subparasp-aph ll> 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 sam pling be a t Intervals g re a te r th a n 8 m o n th s Tor employees whose exposures to asbestos m a y reasonably ire foreseen to exceed th e exposure lim its prescribed In p a ra graph (b) of this section. (4) Employee observation o f monitor ing. Affected employe!, or th eir rep resentatives. shall be given a reasonable opportunity to observe any m onitoring required by this paragraph and shall have access to the records thereof. fg> C aution signs a n d labels, f l) Cau tio n signs. (1> Posting. C aution signs shall be provided and displayed a t each location where airborne concentrations of asbestos fibers m ay be in excess.of the exposure limits prescribed in paragraph <b) of lid s section. S igns sh a ll be posted a t stich a distance from such a location so th a t a n employee may read th e signs and take necessary protective steps be fo re en terin g live a re a m arked by th e signs. Signs shall be posted a t all ap proaches to areas containing excessive concentrations of airborne asbestos fibers. (U) Sign specifications. X be `w arn in g signs required by subdivision (i) of this subporngrapli shall conform to the re quirements oi 20" x 14" vertical form at signs specified In 5 1910.H5td) (4>, and to th is subdivision. The signs shall dis play the. fbHowing legend hi th e lower panel, w ith letter sizes and styles of a visibility a t least equal to th a t specified' in.this subdivision. Legend Notation Aabtstc* . . . ------- ------- V* Smt* Serif, Ootlile or Block, Duttt t!iiu n i..,a -- . . . . . Avoid Bfcnlhhip Dust \V r AiwlpnetJ ProiccMw Equipment. Do Not Hrmnln In A t Unless Your Work Rrrutres It. Smt Serif. G o t h i c or Block. H" Oothtc. `;**Oothlc. **" Gothic. Breathing Abe.Vtn Dust H point Gothic. May Bo Hazardous To Your Health. Spacing between lines shall be a t least equal to the height of the upper of any two lines. *2' Caution Iabe*j-- fi* belfnp. Cau tion labels shall be affixed to nil raw m aterials, mixtures, scrap, waste, debris, and other products containing asbestos fibers, or to thc.lr containers, except Unit no Jnbel is required where asbestos fibers luive been modified by a bonding a Rent, coating, binder, o r o th er m aterial no 11m l during any reasonably foreseeable use. handling, storage, disposa}, processing, or transportation, no airborne concentra tions of asbestos fibers in excess of the exposure limits prescribed in paragraph tb of this section will be released. Oh Label sparijlvuttons. T he cnuUtm labels required by subdivision Hi o f this subparagraph shall be printed in letters of sufficient size and conlm st a* to be readily visible an d legible. T he label shall state: C aution Ctmloliw MbcAtcw SUberx Avoid- Creating D*t Breathing AsbenM Diwl May Cause SerJouA Bodily Harm *h> Housekeeping--<!> Cleaning^ All external surfaces In any place o f employ m ent shall be m aintained free o f accu->* muicUoirs of ajsbest03 fiber* if, w ith th eir dispersion..there would be an excessive concentration. <2> W aste ttisposal. Ashesto waste, scrap, debris, bags, containers, equip m ent. and asbciitos-conLominaled cloth ing. consigned for disposal, which .may produce Jn any reasonably foreseeable use. handling, storage, processing, dis posal. or transportation airborne concen trations of asbestos fibers Jn excess of th e exposure limits prescribed in paragraph <b> of th is sretion shall be collected and disposed of in sealed impermeable-bags, or other closed, impermeable containers. *i> Recordkeeping--U ) Exposure rec ords. Every employer shall m aintain rec ords of any personal or environmental m onitoring required by this section. Rec ords shall he maintained for a period of a t kraal 3 yc*ra and shall be made avail able upon request to the Assistant Secre tary of E&bor fo r Occupational Safety and Health, the Director of the N ational FB5ERAL k fO lS T I , VOU 3 7 , NO . I O -- WEDNESDAY, JUNE 7 , 1 9 7 2 11322 RULES AND REGULATIONS . Institute /or Occupational S olely m id Health, and to authorised representa tives of either, 12) Employee access. E very em ployee and form er employee shall have reason able access to any record required to be m aintained by subparagraph i ll o f this paragraph, which Indicates th e em ployee's own exposure to asbestos fibers. (3) Employee notification. A n y em ployee found to have been exposed a t any time to airborne concentrations of asbes tos fibers Jn excess of the lim its pre scribed in paragraph (b> of this section shall be notified in wilting of the expo sure os soon as practicable b u t not la te r than 5 days of the finding. T he employee shall' also be timely notified of the cor rective aetlon being taken. !J> Medical exam inations--<1> G en eral. T he employer shall provide o r m ake available a t his cost, medical exam ina tions relative to exposure to asbestos re tions. Records shall be retained by employers fo r a t least 20 years. (U) Access. T he contents o f th e re c ords of the medical exam inations required by this paragraph shall be made available, for Inspection and copying, to the Assistant Secretary of ta b o r for Occupational Safety and H ealth, the D irector or NIOSB, to authorized physi cians and medical consultants of either of them, and, upon the request o f an em ployee or form er employee, to h is physi cian. Any physician who conducts a m edical examination required by this paragraph shall ruprish to th e employer o f the examined employee all th e infor m ation specifically required by this paragraph, and any other medical in form ation related to occupational ex posure to asbestos fibers. 3. A new 11910.19 Is added to S u b p a rt B of P a r t 1910, reading a s follow s: quired by this paragraph. (2) ^replacement. T h e em ployer sh a ll provide o r make available to each of bis employees, within 30 calendar days fol lowing his first employment In an occupation exposed to rJrbom e con centrations of asbestos fibers, a compre hensive medical exam ination, which shall Include, as a minimum, a chest roent genogram (p o sterio r-an terio r 14 x 17 Inches), a history to elicit symptom atology of respiratory disease, an d .pulm onary function tests to include .fo rced v ital capacity (FVC) a n d fo rced .(expiratory volume a t 1 second iFEV i). 5 1910.19 AsTj- * I d* dust. Section 1910.93a shall apply to th e ex posure of every employee to asbestos d u st In every employment and place of em ploym ent covered by ] 1910.12. i 1910.13.1 1910.14,11 9 I0 J3 , o r i 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 dale. P aragraph lb>(2> of f 1910.93ft sh all becom e effective J u ly 1. 1970. All o th er provisions of 11 3919.93a, 191093. an d 1910.19 sh all becom e effec . <3). -Annual exainSrustUms. O n o r be tive Ju ly 7 .1912. H ie cu rre n t em ergency fo re Ja n u ary 31. 1073. an d a t least a n tem porary sta n d ard rem ains In effect n u ally th e re a t ter. every em ployer sh a ll u n til Ju ly 7, 1972. provide, o r make available, com prehen sive m edical exam inations to each o f his employees engaged In occupations ex posed to airborne concentrations of as bestos fibers. Such annual exam ination shall Include, as a m inim um , a chest (Sees. 8, S. St St*L 1593. 1598; 20 VJSJC. 655. 657; 20 e r a 1910.4-. Secretary of Labor's Order No. 12-71. 3 T.R. 8754) Signed a t W ashington, D.C- this 2d d a y o f Ju n e 1972. roenlgenoskam (posterior-anterior 14 x 17 Inches), a history to elicit sym ptom atology ofjf resp irato ry disease, a n d pulm onary: .fnncUon tests to Include CL C . O cx ST H n , Assistant Secretary of Labor. |FH Doe.72-*S74 Died S--72;;M amj forced vital' Capacity (FV O a n d forced expiratory'Volume a t 1 second (F E V iJ. (4) . Term ination of employment. T he employer shall provide, or m ake avail able. w ithin 30 calendar days before o r a lter the term ination or employm ent o f any employee engaged in an occupation exposed to i airborne concentrations of asbestos fibers*a comprehensive medical Title 41--PUBUC CONTRACTS ASO PROPERTY MAJUGEMEHT Chopler 9-- Atomic Energy C o m m ission exam ination which shall Include, as a minimum,- a- chest roentgenogram (pos terio r-an terio r,14 x 17 in c h e s), a histo ry to elicit symptomatology of respiratory disease, and -pulm onary function tesla to include forced v ital capacity (KVC) and forced expiratory volume a t 1 second (FEV,.,). " (5) A ccent exam inations. No medical examination Is required of any em ployee, if adequate records show th a t the employee has been examined in ac cordance with this paragraph within the past I-year period. PART 9 - 1 -- GENERAL S u b p o rl 9--1.1-- P ro c u rem en t R e g u la tio n s Mrscmxjuaaotm Avcidxctts The changes m ade In AECPR S ubpart 9-1.1. Procurem ent Regulations, have been made in order to establish the AECPR Temporary Regulations, which arc a part of the AEC Procurem ent Reg ulations and th e Federal Procurement Regulations: System. The AECPR Tem porary Regulations implement and sup-, (4) -Medical records-- (1) M ainte nance. Employers o f employees examined pursuant to this paragraph shall cause to be m aintained complete and. accurate records o f-aii such medical exam ina plem ent the P PK Tem porary Regula tions. They also contain policies and procedures Initiated by the AEC w idth a re to be effective for a period of 6 m onths or less. The AEC Procurem ent Instruction section has been revised ac cordingly. M inor editorial changes have also been made. 1. Section 9-1.101 Scope o f subpart. Is revised to read ns follows: 9-1*101 Scope of subpart. This subpart describes th e Atomic Energy Commission Procurem ent Regu lations and the AECPR Tem porary Reg ulations. I t also describes exclusions from the AECPR os contained In the AEC Procurem ent Instructions. 2. Section 9-1.102 E stablishm ent of AEC Procurement Hetmlatlons. Is revised to read as follows: 9--1.102 Establishment of the AEC Procurement Regulations and die AECPR Temporary Regulations. 9-1.102-1 AEC Procurement Rgulalions. (a) H ie AEC Procurem ent Regula tions (AECPR) are hereby established. (b) These regulations Im plem ent and supplement the Federal Procurement Regulations IFPR) and are a p a rt of th e Federal Procurem ent Regulations System. (c) T he effective date of FPR Issu ances throughout AEC will be the-data indicated In th e respective issuances un less otherwise provided In the AEC Pro curem ent Regulations. fd) T h e effective date of AECPR Is suances throughout AEC will be th e d a te ' indicated in th e respective issuances. 9 -1 .1 0 2 -2 AECPR Tem porary R es, lalionr. la) T he AECPR Tem porary Regula tions are hereby established. <b) T hese regulations im plem ent an d supplement the Federal Procurem ent Regulations Tem porary Regulations. T hey also contain policies and proce dures initiated by th e AEC w hich axe expected to be effective fo r a period of 8 m onths o r less. (c) H ie effective date of th e .FPR Tem porary Regulations Issuances throughout AEC will be th e d ate Indi cated 1n th e respective. Issuances unless otherwise provided in the AECPR Tern- ,, porary Regulations. (d) T he effective date of th e AECPR Temporary Regulations .issuances throughout AEC wQl be th e d a te in d i cated In th e respective issuances. (e) The AECPR Tem porary Regula tions are a p a rt of the AEC P rocurem ent. Regulations and the Federal Procure m ent Regulations System. All references to the AEC Procurem ent Regulations or AECPR In I I 9-1.103 through 9-1.109 of this subpart sholl-be deemed to Include the AECPR temporary regulations. 3. Section 9-1.103 A uthority, Is revised to read as follows: 9 --1-193 A alhorily. Tbe AEC Procurem ent Regulations arc prescribed by th e General M anager, As sistant General Manager for Admlnlstra' lion, or the Director, Division of Con tracts of the AEC, pursuant to the au thority of th e Atomic Energy A ct of 1954. and the Federal Property and Adminis trativ e Services Act of 1949: reDCTAL W IST IE. VO L 3 7 , NO- 7 1 0 -- W fpN V toA Y , JUNE 7 . 1 )7 7