Document zQLx3oKbMe0J874ZQeY0OvJL3

FILE NAME Packings and Gaskets PAG DATE 2003 DOC PAG056 DOCUMENT DESCRIPTION OSHA Letter Interpreting Standard Rimes ee eR Fbp PAR EEE WEE U2 H OU NOLO NA OUTINERET MALINE Abbe dant ge, Aw eee ww edawta bY we aem~ see U.S. Department of Labor Occupational Safety & Health Administration www.osha.gov www.osha.gov d nr Search | GO | Advanced Search A Index ; Standard Interpretations 12/22/2003 - Application of the asbestos standard and labeling requirements to gaskets or packings containing % asbestos & Standard Interpretations : Table of Contents @ Standard Number 1910.1001 1926.1101 1910.1001 December 22 2003 Frederick W. Boelter CIH PE Boelter & Yates Inc. Environmental Engineers & Scientists 1300 Higgins Road Suite 301 Park Ridge IL 60068-5772 Dear Mr. Boelter Thank you for your March 14 letter to the Occupational Safety and Health Administration's OSHA's Directorate of Enforcement Programs You have a question regarding the labeling of gaskets and packings containing % asbestos This letter constitutes OSHA'S interpretation only of the requirements discussed and may not be applicable to any question not delineated within your original correspondence Your paraphrased scenario and question and our reply are below Scenario You have conducted a study of asbestos exposures resulting from the removal and replacement of containing gaskets and packings Question Given your findings are gaskets and packings containing % asbestos exempt from labeling on the basis of 29 CFR 1926.1101 or 29 CFR 1910.1001 Reply No your findings cannot be used to exempt the mentioned gaskets and packings from labeling because these provisions are directed toward the manufacturers of the gaskets and packings Please note that labels do not have to be affixed to the gaskets and packings or their containers if sbestos fibers have been modified by a bonding agent coating binder or other material provided that the manufacturer can demonstrate that during any reasonably foreseeable use handling storage disposal processing or transportation nc airborne concentrations of asbestos fibers in excess of the permissible exposure limit PEL and excursion limit will be released " emphasis added Moreover the manufacturer must provide the demonstration for each specific model type or make of gasket or packing that the manufacturer wishes to have exempted from labeling Furthermore it is our opinion that your data do not demonstrate that the gaskets you examined possess the physical property that these provisions require in order to qualify for exemption from labeling Your data show that a person can be exposed to an hour timeweighted average TWA asbestos air concentration of 0.035 fibers centimeter cc when using a flat blade scraper over a period of 8 hours to clean off the residue left behind by 8 removed gaskets Your data also show that a person can be exposed to an hour TWA asbestos air concentration of 0.052 cc when making 8 new gaskets over a period of 8 hours with a ball peen hammer Consequently if the same person does both tasks the combined exposure would likely be greater It is a reasonably foreseeable occurrence for a person to perform the same tasks in regard to 10 gaskets instead of 8 gaskets in an hour period In that event a person could be exposed to an hour TWA asbestos air concentration that could exceed the hour TWA PEL of 0.1 cc Please realize that even if a manufacturer were successful in demonstrating that one or //www.osha.gov/pls/oshaweb/owadisp.show_document 12/21/2008 142, 2Z2Z/2Z0U - Application Application Application of the asbestos Statuatu anu ravenng ravenng requiemens to gasKTIS DI Fage 201 more of the models types or makes of gaskets or packings that it manufactures qualifies under these provisions for exemption from labeling the gaskets or packings would still be covered by OSHA's asbestos standards Thank you for your interest in occupational safety and health We hope you find this information helpful OSHA requirements are set by statute standards and regulations Our interpretation letters explain these requirements and how they apply to particular circumstances but they cannot create additional employer obligations This letter constitutes OSHA's interpretation of the requirements discussed Note that our enforcement guidance may be affected by changes to OSHA rules Also from time to time we update our guidance in response to new information To keep apprised of such developments you can consult OSHA's website at http://www.osha.gov If you need further assistance please contact the Office of Health Enforcement at 202 693-2190 Sincerely Richard E. Fairfax Director Directorate of Enforcement Programs @ Standard Interpretations - Table of Contents {&! Back to Top www.osha.gov Contact Us | Freedom of Information Act | Customer Survey Privacy and Security Statement | Disclaimers Occupational Safety & Health Administration 200 Constitution Avenue NW Washington DC 2021C www.dol.gov //www.osha.gov/pls/oshaweb/owadisp.show_document INTERPRETATIO 12/21/2008