Document zdBR2DDpkZ8O4kZZnVbgbEwr3

United States Steel Corporation Tr General Superintendents, Plant Managers and Attendees at OSHA Regional Meetings InUrorginizition Corraapondanea Oatt: July 3 , 1972 fnm: Kenneth M. Morse, Director Environmental Health MjKt Proposed Permanent Asbestos Standard OSHA published its permanent (final) Standard for Exposure to Asbestos Dust, in the Federal Register of June 7, 1972. A copy of this standard is enclosed for your informa tion. We suggest your thorough review of this standard due to the highly restrictive requirements that are established. It is further suggested that you inventory your uses of asbestos compounds as to location, jobs and quantity used per month or year in order to establish a priority list of jobs and areas for monitoring. We are indicating below the pertinent aspects of this standard. 1. Permissible Maximum Dust Exposure a. As of July 7, 1972, the 8-hour time-weighted average exposure is limited to'5 fibers per milliliter of air for dust not exceeding 5 micrometers in length. However, as of July 1, 1976, the limit is reduced to 2 fibers per milliliter. b. While a time-weighted average is determined over an 8-hour work period, the dust concen tration to which a worker is exposed cannot exceed 10 fibers per milliliter for any period oi time (ceiling value). c. This standard applies to the use of any type of asbestos. 2. Methods of Compliance Feasible technological controls and appropriate work practices must be the primary means of controls. Rotation of employees is allowed only in stated exceptional circumstances. The use of respirators and shift rotation of employees will be limited. The methods for controls consist of, hire are not limited to, the followings USEI000025 -2- a. Engineering Controls (1) Dust collection systems of the local exnaust ventilation The design criteria for such systems is the American National Standard Fundamentals Covering the Design and Operation of Local Exhaust Systems (ANSI Z9.2-1971). (2) Particular Tools All tools which release dust in excess of the exposure limits when used on asbestos' must be equipped with local exhaust ventilation. b. Work Practices (1) Wet methods must be used, when handling asbestos, to preclude excessive dust exposure, unless the usefulness of the product would be diminished. (2) Asbestos products cannot be removed from containers in which they are shipped un less they are wetted, or enclosed, or ventilated. (3) Employees engaged in spraying asbestos, the removal, or demolition of pipes, structures or equipment covered or in sulated with asbestos, or demolition of asbestos insulation or coverings, shall be provided approved respiratory equip ment and special clothing. 3. Personal Protective Equipment a. Respirators and shift rotation of workers are permitted only under the following conditions: (1) During the period necessary to install engineering controls and the changes in work practices. (2) Where the work practices, as listed above, are not feasible or cannot reduce the dust to within the exposure limits. USEI000026 -3- (3) In emergencies (4) Where both respirators and personnel rotation are allowed, the latter shall be preferred. b. The types of air-purifying respirators allowed are based upon the dust concen tration to which an employee is exposed and must be of the types approved by the U. S. Bureau of Mines CUSBM) and the National Institute of Occupational Safety and Health (NIOSH). (1) When the employee may be expected to receive an exposure no more than 10 times the exposure limits, a reusable or single use air purifying respirator of the non-powered or supplied air type may be used. (This is the commonly used mechanical filter type.) (2) When the exposure is expected to be be tween 10 to 100 times the exposure limits, a full face piece, oral-nasal, or continuous flow or pressure-demand types of supplied-air respirators must be used. (3) When the exposure is expected to be in excess of 100 times the exposure limits, only the supplied-air respirators of the continuous flow or pressure-demand class can be used. These are now classed by USBM and NIOSH as Type "C". (4) A respirator program must be established by the employer in compliance with the American National Standards Practices For Respiratory Protection (ANSI Z88.21969). If an employee cannot function normally when wearing a respirator, as determined by a physician from the employee's most recent examination, he must be rotated to another job or provided the opportunity for a job transfer. The job to. which he USEI000027 -4- may be rotated or may transfer must be in the same geographical area and with the same seniority, status and rate of pay. c. Special Clothing Protective clothing must be provided to employees exposed to a dust concentration in excess of the "ceiling value" (10 fibersper milliliter). The use of such clothing must be required by the employer. d. Change Rooms (1) Change rooms for employees regularly employed must be provided when employees have dust exposures in excess of the exposure limits. (2) Two separate lockers, or containers, must be provided for each employee ex cessively exposed to dust. They must be separated, or isolated, to prevent con tamination of street clothes. (3) Laundering Clothing (a) Laundering of asbestos contaminated clothing must be done. It appears that such laundering shall be the responsibility of the employer but it is not so stated. (b) The employer must notify the person to whom he gives clothing for laundering that it shall be done in a manner preventing exposures in ex cess of the exposure limits. (c) Contaminated clothing must be trans ported in properly labeled closed impermeable containers. 4. Measurement of Asbestos Dust a. Method Asbestos dust surveys will be conducted by Headquartars^Environmental Health for the present, due to the detailed procedure which such a survey involves. Requests for sucK survey should be directed to K. M. Morse, Director of Environmental Health. USEI000028 -5- b. Monitoring Requirements (1) Initial Survey: Within six months a survey must be conducted to de termine the exposure of every em ployee to asbestos dust. If the exposure limits are exceeded, a control program, as herein indicated must be immediately initiated. (2) Periodic Survey: At least every six months for all employees who may be reasonably expected to have exposures exceeding the exposure limits. (3) Personal and Area Samples: Both personal and area air samples are required. No significant reason for both appears justified. Exposures of workers are best determined by having workers wear battery-operated sampling devices (per sonal samplers) which provide a timeweighted concentration to which the wearer is exposed. If this sampling is done, area sampling would be superflu ous. c. Employee Observation of Monitoring Affected employees, or their representa tives, must be given a reasonable oppor tunity to observe monitoring and shall have access to the records thereof. 5. Caution Signs and Labels a. Posting of Asbestos Areas Caution signs of prescribed specifica tions must be posted at all approaches to areas containing excessive concen trations of dust and at each location where dust may be excessive. b. Labels Caution labels are required on all asbestos containing materials or on their containers except when a bonding agent is used to pre vent in any foreseeable use, airborne dust in excess of the exposure limits. Speci fications for such labels are prescribed. USEI000029 6- 6. Housekeeping a. Cleaning All external surfaces must be main tained free of accumulations of asbestos fibers if their dispersion could result in an excessive dust concentration. b. Waste Disposal Asbestos waste, containers and con taminated clothing shall be collected and disposed of in sealed or closed impermeable containers if its handling may produce excessive dust. 7. Recordkeeping a. Exposure records must be maintained on personal and area monitoring for a minimum period of three years and shall be available upon request to OSHA or NIOSH. b. Employee Access: Every employee or Conner employee shall have reasonable access to any record which indicates his exposure and is required to be main tained. c. Employee Notification: Any employee who has received an excess exposure must be notified in writing of such exposure within five days of the finding. 8. Medical Examinations a. Extensive medical examinations are re quired to be provided, or made avail able, at the employer's cost. Head quarters-Medical is alerting plant physi cians on this program. b. Types of Medical Examinations: (1) Preplacement examinations within 30 calendar days following the first exposure of an employee. Such exami nation shall include; a chest x-ray, medical history and pulmonary func tion tests. USEI000030 -7- (2) On or before January 31, 1973, and at least annually thereafter, every exposed employee shall be provided, or have available to him, a comprehensive medical examination. (3) A comprehensive medical examina tion shall be provided, or made available to every exposed employee within 30 days before, or after termination of employment. (4) No medical examination is required if records show such an examination within the past 1-year period. Records (1) Employers shall maintain complete and accurate medical records for at least 20 years. Such records shall be made available, for inspection, and copying, to OSHA, NIOSH, author ized physicians and medical con sultants of OSHA and NOZSH, and to the personal physician of employees or former employees if requested by such employees. (2) The employer shall be furnished all the medical information of the re quired medical examination by the physician who conducts same. \ USEI000031 mis RULES AND REGULATIONS ITJ? n i| tions for an Occupational Exposure exposure to asbestos fibers and the ap PART 10--ARTICLES CONDITIONALLY FREE. SUBJECT TO A REOUCED RATE, ETC. Standard for Asbestos by the National Institute for Occupational Safaty and Health iNIOSH i. public notice was riven of the receipt of th* recommendations pearance of adverse biological manlies- teUona. such as asbestosls. lung cancers, and mesotheliooaa, have given rue to controversy as to th* validity ot the Free Wilhdrowol ( Supplies and Equipment far Aircraft and their availability for inspection aad measuring techniques used and the relia copying. On or about February 39. 1973, bility of the relation* attempted to be the Advisory Committee on Asbestos Dust established. Baeaus* of the long lapse In accordance with section 309>di, submitted us written recommendations of time between onset of exposure and 1 unit Act ot 1930. as amended ' It U-B.C. to the Assistant Secretary of Labor for biological manifestations, we have now 1309'di>. Uie Department ol Commerce Occupational Safety and Health. evidence of the consequences of exposure, has found and under date of April 33. Pursuant to the notice of rula making, but we do not have, in general, accurate 1973. haa advised the Treasury Depart a hearing was held on March 14 through meaaursa of th* levels of exposure oc ment that Poland allows pnvlleies to 17,1973, for the purpose of receiving ora) curring 30 or 30 years ago. which have aircraft registered In the United States dau. views, and arguments concerning given rise to these consequences. There and enimced In foreign trade substan the proposed standard. On or about are also controversies concerning the tially reciprocal to those provided for in March 31.1973. the presiding hearing ex relative toxicity of th* various kinds of sections 309 and 317 of the Tariff Act of aminer certified to th* Assistant Secre asbestos, and varying hazards In dif 1930. as amended at UB.C. 1309.1317). tary of Labor for Occupational Safaty ferent workplaces. The same privileges are therefore hereby and Health the record of th* proceeding. It is fair to aay that the controversy extended to aircraft registered in Poland The record include* 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 mad* at th* hearing, and nu TWA concentration, with variations on Accordingly, paragraph if) of 11039, merous sxhibits received during th* the time needed for compliance. Many customs regulations, is amended by the course of iht bearing or within th* pe employers support a five-fiber TWA. insertion of Poland Bi appropriate al riod allowed after th* close of th* 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 is)" In, permissible concentrations of asbestos In view of th* undisputed grave con the list of nations in that paragraph. fibers; (3) methods of compliance: (3) sequences from exposure to asbestos (Secs. soe. SIT. (24. <( Stst. 9*0. as amended, ate. as aoendad. 739; 19 UJ.C. 130*. 1317, 1034) warning signs: > monitoring; (S) med ical examinations: and <8> recordkeep ing. Each of these malor proposals elic fibers, it is essential that the exposure be regulated now. on the basis of the best evidence available now, even though it [sru.1 Edwin p. Rains. Actinp Commissioner 0/ Customs. ited comment*, arguments, objections, may not be as good as scientifically de and counterproposal*. They all have bean sirable. An asbestos standard can be re examined and considered. evaluated in the light of the results of Approved: May 35.1973. 1. Acceptable eoneentrattona of asbes ongoing studies, and future studies, but Euegwr T. Rossrocs. Assistant Secretary of the Treasury. tos dust. The proposed standard would cannot wait for them. Lives of employees limit occupational exposure to t-hour are at stake. time-weighted average (TWA) airborne It 1* concluded that there should be concentrations of asbestos dust not ex one minimum standard of exposure to (PR D0C.72-S37S Piled *-9-73:9:90 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, tion* above five fibers but not to acted 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 minute* 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 on* -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 ehrysotile. th* evidence is not sufficient to establish PART 191D--OCCUPATIONAL SAFETY AND HEALTH STANDARDS peak concentrations be permitted only for 3 yean: thereafter. TWA concentra tions should be not more than 3 fibers aaparata standards for varieties of sabesto*. Because them must be one standard Standard for fxposur* to Atbostos par cubic centimeter (cm.1) of air, and governing exposure to all varieties of Dust peak concentrations should not exceed 10 asbestos, and in workplaces apparently flbers/em.1. with no time restriction. more hazardous than others; because On December 7. 1971, an emergency Numerous objections and counterpro aoma present employees with regular ex temporary standard concerning exposure posals have been mad*, 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 Fcstrai. Rceistcx <39 PJt. 33347). In ac trations and th* time periods to comply tos fibers, du* to higher levels of ex cordance with section 9'c) (3) of th* Wil- with them. Some, for example, have rec posure in th* past: because it appears liams-Steiger Oecuptaiona) Safety and ommended return to a 12-fiber standard that levels of exposure which may be Health Aet of 1970. a notice of proposed of an earlier day; La- a level adapted sat* with regard to asbestoais are not rulemaking regarding a permanent under th* Walsh-Healey FubUc Con safe with regard to mesothelioma: be standard tor exposure to asbestos fibers tracts Act in 1949. Others have recom cause th* statute require* the protection was published in th* Psoras. Rccistr on mended a two-fiber standard to become of every employee, even of one who may January 13. 1973 (37 FJfl. 466.-. The no effective in I months, then a one-fiber have regular exposure to asbestos during tice invited interested persons to submit standard for 3 years, and finally a xero- a working Ufa winch may resell, or even both orally and in writing, dau, views, fiber standard after 3 years. These rec exceed, 40 yean: and because of several and arguments concerning the proposal. ommendations give a fair indication of other considerations which have been On or about January 34.1973. the Ad the wide spread of the counterproposals. urged and are reflected in the record ol visory Committee on Asbestos Dust was No on* 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 th* long enough duration is causally related health of employees. As of Jnh- ] lit* .proposed standard on asbestos. On or to asbestos!* and cancers. Hie dispute is TWA concentrations &i asbestos fibers about February 1, 1973, the Department as to th* determination of a specific level longer, than S mUrnm.np will he of Health. Education, and Welfare trans below which exposure is safe. Various *l'"ivrt 'q vr*r* *rn fTTP-'^ * mitted to the Secretary of Labor a cri studies attempting to establish quantita ceiling value of 10 fibers, fc The enrrent teria document containing Recommenda tive relations between specific levels of TWA concentrations n( Ave~Wb*rs- nnd KOftat RIGHT!!, VOL 37, NO. 110--WIONtiDAT, JUNI 7. 1*73 USEI000032 RULES AND REGULATIONS 1131!) rfl>,nc *r"``rnt,lfft""* "f-1n -'"IV 1 . fibers, so that these would not be released 6. Records. The standard, is proposed in the normal use of the products, should and as adopted, requires maintenance ol inn --T^"'11 1 Hir|,"taffllJ "#rlnd not be required to be labeled: and (2) records of momtonne and of medical deemed rtfesnary to allow employer* to words such as "danger" and "cancer" art examinations. Most of the controversy m make the needed change* for coming unwarranted!/ alarming. this area has revolved around the ques into compliance with the more stringent Bout eontenUons have merit, and the tion whether an employer should be al standard. standard has been changed accordingly. lowed to have access to the results of Tile record shows that the many work 4. Monitoring. The proposed standard th* required medical examinations. The operation! subject to the abide asbestoe 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 maun* installation, etc.) will Many issues have been raised concerning expectation that tome employers will use meet varying degree* of difficulty In the availability and reliability of meas Uw medical.examinations at 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 ground* 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. howavtr, 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 all employers a reasonable time to ing at intervals no longer than 8 months, to monitor th* health of employees ex comply. At the same time, so long as the thus allowing considerable Umt and dis posed to the hazards of abestos. 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 from ex membrane filter method, which U an ac privilege of refusing to disclose to their posures during the transitional period. ceptable method for determination of employers result* of occupations! expo 2. ifethods 0/ compliance. It has been aabestoa fibers. sure. It doe* not make sense to require pointed out by many persona, that pro It ha* also been recommended that employers to provide medical examina tection against asbestos fibers is bast employees or their representative* should tions If they cannot know and use the obtained by controlling the generation of have an opportunity to observe the results of th* examinations. For these fibers first, and secondly, by controlling monitoring. The' raeotnaendation ha* reasons ths standard provides thst em the dispersion of released fibers Into the been accepted. ployers may have a restricted access to ambient air of the workplaces. Therefore, 5. Jfedfcot examination*. The pro some medical information. the standard requires feasible techno logical controls and appropriate work posed standard would only require an appropriate medical examination on a On th* other hand, there is no Inten tion to allow employers to abuse medical practices as the primary means of com pliance. Rotation of employees aa a war periodic basis. Tb* generality of tba pro posal has attracted many objections and Information obtained pursuant to the Act. to the detriment of employees. of meeting the TWA concentration re also many helpful comments. The recom Therefor*, the administration of the quirement is allowed only in stated ex mendations of NIOSH and of the Advi medical records requirement will be ceptional circumstances, because, as a sory Committee on Asbestos Dust were closely watched, and. in cases of abuse, general nil*, it would be difficult to Im much man specific with respect to both appropriate action will be considered. 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 period* of frequency and type of medical examineUen* to be required. Th* comments vary as to the class of employees to b* ex amined and aa to ths frequency of th* examination*. Th* Issues discussed above are believed to be th* major ones. Numerous other is sues have been raised in th* rulemaking proceedings. Some have been referred to incidentally. Many recommendations, for time. Therefor*. It is expected that res Th* adopted standard requires medical instance, about work practices, are so pirators and shift rotation will be used examinations both at th* beginning and obviously meritorious that their adop during the period necessary to install en the termination of employments exposed tion needs no exposition here. Other gineering controls and to train employ to concentrations of asbestos fibers, and recommendations and many objections ees in sound work practices, but after also requires annual medical examina have not been adopted for a variety of technological eompUenc* has been tion* of every employee exposed to air reasons which should be manifest. Sev achieved, their us* must be limited to borne concentrations of asbestos. It has eral. for instance, have' recommended specisl work situations and emergencies. been pointed out that in certain indus the us* of respirators only pursuant to a Where both are practicable, shift rota tries, such as construction, an employ** variance, or in cases of emergency and tion is required. 3. labeling. The proposed standard stopped short of requiring labeling as bestos and asbestos-containing products. may work for several employers during ths asm* year. Accordingly, ths standard do** not require either prtemployment, or termination, or periodic examlnaton occasional short-term exposures. The recommendation with respect to vari ance* undoubtedly has many merits, The proposed standard would have re of any employe* who has been examined but is considered administratively im quired only warning signs at locations in accordance with th* standard within practical. where asbestos hazards are present UM past year. Accordingly, after consideration of the However, labeling, rather than warning On* question which has been raised whole record of the proceeding, and signs, has proved to be a point of con troversy. Both NIOSH and the Advisory Committee on Asbestos Dust recom mended labels for asbestos products and goes to whether th* employer or ths em ploys* .should be allowed to choc** th* examining physician. Tb* standard girt* th* option to th* employer. Sines pursuant to sections 8 and <e> and 8(e) of ths WUUams-Steigcr Occupa tional Safety and Health Act of 1970 (14 containers, and these recommendations some employers already have a medical BUt. 1393. 1398. 1399; 29 VS.C. 633. became very controversial in the course examination program in operation, and. 837). 28 CFR 1910.4. and to Secretary of of the proceeding. Many eounterproproposals have been mad* a* to the lan guage of the warning as well as to the products to bt subject to the labeling requirements. Employers, to central, strongly contend that ill finished prod also, have medical department* with aoms expertise in the diagnosis of abastea-related diseases, it seem* mere reasonable to permit them to utilise th* present programs and expertise, than to permit an employee to choose a private Labor's Order Ho. 12-71 <38 Fit. I7S4>. Fart 1910 of Title 2* of the Code of FM- sral Regulation* Is amended as set forth below. (1) Section 1910.93 is amended by re ucts which effectively entrap asbestos general practitioner. vising Tkble 0-3 to read it iollors: noitAi ttoimt, voc ir, no. no--wiomsoay, nm r, im USEI000033 11.EO RULES AND REGULATIONS [ 1410.1) Air ronuminsnt*. to which any employee may be exposed Id) Personal protective eautpment__ shall not exceed two fibers, longer than jtl i Compliance with the exposure limits T**ut 0>>- Minima! Doim 3 micrometers, per cubic centimeter of prescribed by paragraph Oil of this sec air, as determined by the method pre tion may pot be achieved by the use of nMmm wpmi M*/M scribed in paragraph <e) of this section. respirator* or shift rotation of em (3) Ceiling concentration. No em ployees. except: di4mn*'litHw*1 Ummr ........... V<4 Ml* (Wlll Cr+uiiH*' U*hu cmtavtaMj tri |pr r n*a fanatlM tor lUMTfcl. TtrHu)iv*untmotr.4 UfrwanHLUA*hMrr.iMi null** fctnutrti. An'i>lUR. U*Hxlmc Mlwal MtUu......... ployee (hall be' exposed at any time to (1) During the time period nreesstrv JtA* *> Wwf.W TSUSS %*Qr*t w^mfw Wh airborne eencentratlons of ashestoe to install the engineering controls and fibers In excess of 10 fibers, longer than to Institute the work practices required 3 micrometers, per cubic centimeter of by paragraph <c> of this section: air. as determined by the method pre scribed In paragraph <e> of this section. <c> Mtthodx ot compliance--(1) Cn-. pineering methods. (1) Engineering con trail. Engineering controls, such at, 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. (U) In work dilutions in which the methods prescribed in paragraph tc> of this section tre 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 <111) In emergendas. (Kijm.liiH- lOUnmtJt;>ma vn> ............... T*k..................... _......... t'wifend win.................. GrtplUU MIMlI.................. ink*4 di&am*t rrr*x*pJ*r>*b*)l..t..r.i.c.t...f... (< fc.'O Uitn c; fto. Ii *ft # Nufcvw* I>Wt* 'hlv^i<*iJ<dir4uh#l(.f.r.a.c.d..M..i..... JJ1IOOf0 tAmCrM* Mnr'M* |A Mi lift* M' Soil. f#ll*AfRWWi flfcU.r a>H<fXJSJmULMf ovtK p*rttek(*f e i MUImrh 9t tMTttefW pH lu.ritftc** >*tnpt*A caeftttti b * Tfct* ptmntiif af *ry- * ip*- tmaoiH Atirmir*- ebxerfritstlIMnwtnhalot*bifnaitopipMh*ifif A< TKi*rtlT^d bf |p tfi x piitM comraat Hfrr * n>ih conevnuttMA v ol urn ttmli i* (rueikMt o if *lnet*rutie: prf KliX H**rt UM foot *1 ait. ba**%! m tarhrucA mm mu m ui* Jarmute las **-)M*tw aimpka, RMb atiicr MXha (Hrta aikfina filter not had at nan. pmtfll rmartt lar Iha io b dKmulfMd Iran etar aith tia MJowtug A*fMvnom>edUm*i*f <mt drrzutr p****> 25 .* Jf-.u4 19 P*ffMM nawtf tt**r m TW2S1 a T` oAdrr \ . MU rrkf l*UMWd at. Af.i I( iu -^MraMa haetian af anal du*' a <t*vithaMf mt IWw UMBw--idK win tti*f^ilcM*4.tkM<m:Mraa^<iaMa4iM|rfl*. 2. A new I 1910.93a u added to Part 1910, reading a* follows: S 1910.93a A<Jm*!m. <a) DcAnitiont. Par the purpoat * this section, (1) "Asbestos** Includes chrysotll*. amoslte. crocidolit*. tremollte. anthophylllte, and actuiollte. 2> "Asbestos fibers" means asbestos fibers longer than 3 micrometers. *b) ftrmiaxblt exposure to airborne concentrations o/ asbestos Abers--<1) Standard effective Jutp 7. 1772. The l-hour time-weighted averse* airborne concentrations of asbestos fibers to which any employee may be exposed shnll not exceed five fibers, longer than 5 micrometers, per cubic centimeter of sir. at determined by the method pre..peribed In paragraph <c> ot this section. <2> Standard elective July J, 1777. toeal exhoasf 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 Z9.3-1971. which U In corporated by reference herein. See I lSIO.f concerning the avail ability of ANSI Zf.3-1971, and the maintenance of a historic file in connec tion therewith. The address of the Amer ican National Standards Institute Is given fit < 1910.104. <U1) Particular fools. All hand-op erated and power-opersted tools which may produce or release asbestoa 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 <U) of this subparagraph. (21 Work practices--ii) Wat methods. Insofar aa practicable, asbestos shall be handled, mixed, applied, removed, cut. aeered, or otherwise worked in a wet state auffieient 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. UI) Particular products and opera tions. No asbestos cement, mortar, coat ing. grout, plaster, or similar material containing asbestoa shall be removed from bags, cartons, or other containers in which they an shipped, without being either wetted, or enclosed, or ventilated aa as to prevent effectively the release of airborne asbestos fibers in excess of the limits prescribed in paragraph (b> of this section. (ill) Spraptnp. drmolttion, 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> lilt) oi this section and with special clothing In ac (iv) Where both respirators and per sonnel rotation are allowed by subdivi sions (1), (11). or dll) of this subpara graph. and both are practicable, person nel rotation shall be preferred and used. (2) Where a respirator is permuted 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 Occunatlonal Safety and Health. Department of Health. Educa tion. and Welfare, under the provisions of 30 CFR Part 11 (37 PR. 6244. Mar. 23. 1972), and shall be used In accordance with subdivisions ri>. (11). Oil;, 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 'll) or (1U) ot this subparagraph, shall be used to reduce the concentrations of airborne asbestos fibers In the respirator below the exposure limits prescribed in paragraph of this section, when the ceiling or the f-hour time-weighted aver age airborne concentrations of asbestos fibers are reasonable- 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 dascribed in subdivision (111) ot 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 celling or the 6-hour timeweighted average concentrations of asbestos fibers arc reasonably expected to exceed 10 times, but not 100 timci. those limits. (Ui) Type"C~supptied-airrespirators, continuous Arne or pressure-demand dose. A type "C~ continuous flow or pres sure-demand. supplied-air respirator shall be used to reduce the concentra tions of airborne asbestoa fibers ui the respirator below the exposure limits pre scribed in paiagreph (b> of this section, when the celling or the l-hour timeweighted average airborne concentra tions of asbestos fibers art reasonably expected to exceed 100 times those limits. (Iv) Establishment of d respirator pro , The S-hour time*welithted average air* cordance with paragraph <d> (3) of this gram. (a) The employer shall establish * borne concentrations of asbestos fibers aactioe. a respirator program m accordance with MOiiAt ueiSTtt, vot. sr. no. no--wionisoat, juni 7. 1V7J USEI000034 1 RULES AND REGULATIONS f*<r Occ'iii'.tion:l (safety Slid tion . Records ahull Is: retained by Instruction section has been revised ac 11,-Hl`h at./l u< < uLlxari/vcl (nHTVa.l*. employers for at least 30 yeur.v. cordingly. Minor editorial changes have Uvc.. **l t'lUifr ig. Bmplnwe or"".- Every employee mid lurmer muilov"- - doll hove rea.sun- nine seem* to ariv iixura required to be nainuilnetj by subparagraph <li of this para.'-rspli. which indicates the cut* l/.-'i-.-et- s ov. n exposure to ssbcMos fibers. 3/ Employee no/i/lcafton. Any emfound to hsve been exitosed stony t.n.' i of this section be notified in writing of the expofure os soon os practicable but not later than i days of the finding. The employe* jr.ii: also be umeiy notified of the cor rective action being taken. ') Medical examinations--'1) Cen tral The employer shall provide of make 'in 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 Dlreetor of NIOSH. to authorised physi cians and medical consultants of either of them, and, upon the request of an em ployee or former employee, to hla physi cian. Any physician who conducts 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 relatad to occupational ex posure to asbestos fibers. also been made. 1. Section 9-1.101 Scope of tubpart, i,-, revised to read as fallows: {9--1.101 Scope of -uliftxrt. This subpart describes the Atomic Energy Commission Procurement Refu tations and the AECPR Temporary Reg. ulsUon*. It also describes exclusions from the AECPR as contained In ths AEC Procurement Instructions. 3. Section 9-1.103 Establishment of AEC Procurement Reputations, is revised to read as follows: {9--1.102 EsUblirlimetil of the AK(! Procurement Regulations and tltr AECPR Temporary Regulation-. {9-1.103-1 AEC Procurement Rrsvlu. available at his cost, medical examina 3. A new | 1*10.19 is added to Subpart 1kms. tions relative to exposure to asbestos re B of Part mo. reading as follows: quired by tms paragraph. <2> Previacement. The employer shall 11910.19 Asbestos dust. provide or make available to each of hla Section 1910.33a 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 Urbom* con of employment covered by 11910.13, centrations ol asbestos fibers, a compre I 1910.13,11910.14.11910.13. or 11910.19, hensive medical examination, which shall in lieu of any different standard on ex include, as a minimum, a cheat roent posure to aabeato* dust which would genogram (posterior-anterior 14 x 17 ' otherwise be applicable by virtue of any Inches >. a history to alicit symptom of those sections. atology of respiratory disease, and Effective date. Paragraph (b)(3) of pulmonary function tests to include 11910.93a shall become effective July 1, forced vital capacity <FVC) and forced 197S. All other provisions of |{ 1919.93a, expiratory volume at 1 second <rEV,.). 1910.93, and 1910.19 shaS becomt effec (3i Annual examinations. On or be tive July 7,1973. The current emergency fore January 31. 1>73. and at least an temporary standard remains In effect (a) The AEC Procurement Regula tions (AECPR) are hereby established. These regulations Implement and supplement the federal Procurement Regulations (ITR) and art a part of the Federal Procurement Regulations System. ____ <c) The effective data of PPR issu ances throughout AEC will be the date Indicated in the respective issuances un less otherwise provided In the AEC Pro curement Regulations. id) The effective data of AECPR Is suances throughout AEC will be the date Indicated la Use respective issuances. {9-1.103-3 AECPR Temporary Regulalions- nually thereafter, every employer shall until July 7, 1973. (a) The AECPR Temporary Regula provide, or make available, comprehen (Secs. *. 9, S* Slat. UN. ISM: 2* CS C. US. tions are hereby established. sive medical examinations to each of hla M7; 79 cn 1910.4: Secretary ot Labors tb) These regulations implement and employees engaged in occupations ex Order Mo. 13-71. Si ML 97M) supplement the Federal Procurement posed to airborne concentrations of as bestos fibers. Such annual examination shall include, as a minimum, a chest Signed at Washington, D.C, this 3d day of June 1973. Regulations Temporary Regulations. They also contain policies and proce dures Initiated by the AEC which are r'en:venogram (poatenor-anterlor 14 * O. C. Ouxxthzs. expected to be effective for a period of 17 Inches), a history to elicit symptom AsiUtant Secretary ol Labor. 9 months or less. atology of reeplratory disease, and pulmonary function tests to include |IH DOC.73-4474 rued 44-73:9:49 is] (e) The effective date of the PPR Temporary Regulations issuances forced vital capacity (FVC) and forced throughout AEC still be the date Indi expiratory volume at 1 second <FEV...>. cated In the respective issuances unless -> Termination of employment. The Title 41--PUBLIC CONTRACTSemployer shall provide, or make avail otherwise provided in the AECPR TernBor&nr RcitilAtiosB. AND PROPERTY MANAGEMENTable. within 30 calendar days before or after the termination of employment of Id) The effective date of the AECPR Temporary Regulations issuances any employee engaatd In an occupation exposed to airborne concentrations of asbestos fibers, a comprehensive medical Chapter 9--Atomic Energy Commissien throughout AEC still be the data Indi cated in the respective issuances. (*) The AECPR Temporary Regula examination which shall include, as a minimum, a cheat roentgenogram (pos PART 9-1--GENERAL tions are a part of the AEC Procurement Regulations and the Federal Procure terior-anterior 14 x 17 Inchest, a history Subpart 9-1.1--Procurement ment Regulations System. All references to elicit symptomatology ol respiratory Regulations to the AEC Procurement Regulations or disease, and pulmonary function teats to include forced vital eaparity (FVC) MlSCnLAKCOOI AWtXDWIXTI AECPR in f19-1.103 through 9-1.109 or this subpart shall be deemed to include and forced expiratory volume at 1 arrond The ehangts made hi AECPR Subpart the AECPR temporary regulations. 'FEV ). <51 Recent examinations. No medical 9-1.1, Procurement Regulations, have been mads In order to establish the 3. Section 9-1.103 Authority, is revised to read as follows: examination la required of any em ployee. if adequate records show that AECPR Temporary Regulations, which are a part of the AEC Procurement Reg (9-1.103 Awthevity. tne employee has been examined in ac ulations and the Federal Procurement The AEC Procurement Regulstions are cordance with this paragraph within the Regulations System. The AECPR Tem prescribed by the General Manager. As part 1-yenr period. porary Regulations Implement and sup sistant General Manager for Administra _ -O Mtdiral records--(|> Mamie- plement the FPR Temporary Regula tion. or tli* Director. Division of Con 'nance. Employer; of employees examined tions. They also contain policies and tracts of the AEC, pursuant to the au pur mint to this paragraph shall cause procedures Initiated by the AEC which thority of the Atomic Energy Act of 19.44. v t- maintained complete and accurate are to be effective tor a period of and the Federal Property and Adminis r.Tord? of all auch medical examina months or less. The AEC Procurement trative Services Act of 1949. 1(00*1 itOISTil. VOti 17, NO. US--WtONISOXT, JUNt 7, Kn USEI000035 RULES AND REGULATIONS 11321 the recturfments of the American Ns- where asbestos fibers ere released to be subparagraph shall conform to the re Standards Practices for Resplrs- monitored m such a way as to determine quirements of 20" x 11" vertical format tor' Protection. ANSI Z88.2-1989. which whether every employee's exposure to signs specified in I 19l0.145(d> (4). sr,d is mrorporsted by reference herein.' asbestos fibers is below the limits pre to this subdivision. The signs shall dis b See } 1910.6 concermnc the avail scribed in paragraph (b> of tills sec play the following lecend in the lower ability of ANSI ZBS.2-19f>9 and the main tion. If the limits are exceeded, the em panel, with letter size: 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 (lven In t 1910.100. <c> No employee shall be asslmed to tasks requiring the use of respirators If. based upon his most recent examination, an examining physician determines that paragraph <e> of this section. (2) Perianal monitoring--(i > Sam ples shall be collected from within the breathing aont of the employees, on membrane filters of 0.1 micrometer poroeaity mounted in an open-fact filter Legend asbestos ......_____ Dust Hazard.._____ _____ A'otetion 1" Sana Serif. O o th1c or Block. I," Sods Serif. Gothic or the employee will be unable to function normally wearing a respirator, or that the safety or health of the employee or other employees will be impaired by his use of a respirator. Such employee shall be rotated to another job or given the holder. Samples shall be taken for the determination of tha (-hour timeweighted average airborne concentra tions and of the ceiling concentrations of asbestos fibers. (11) Sampling frequency and patterns. Avoid Breathing Oust... w*u- Aaslgotd Protective Squlpmeat. Do Not lUmaln Id Area UniMS Your Wora luqulnalt. Block U " Gothic I, " Gothic. 14" Gothic. opportunity to transfer to a different po After the initial determinations required Smithing Aabestoi Dust 14 point Online. sition whose duties he is able to perform by subparagraph (1) of this paragraph, May Be Haraidou* To with the same employer. In Uie same iteo- samples shall be of such frequency and Tour Btaith. graphical area and with the same senior* ity. status, and rate of pay he had just prior to such transfer. If such a different po1s3i>tioSnpiescaiavlaiclaloblteh.ing: The employer shall provide, and require the use of. spe cial clothing, such-aa coveralls or similar whole body clothing, head coverings, gloves, and . jot coverings for any em ployee exposed to airborne concentra tions of ssbes :os fibers, which exceed the ceiling level resenbed In paragraph (b) of this sectic . 14> Chant rooms: U> At any fixed place of cm; yment exposed to airborne concentrate s of asbestos fibers In ex cess of the e oosure limits prescribed In peragreph 1 of this section, the em ployer shall irovide change rooms for employees w king regularly at the place. a- Clothe lockers: The employer shall provide wo separate lockers or con tainers for t ;h employee, so separated or Isolated a. to prevent contamination of the emplo' re's street clothes fiom hit work clothes i ill Launcrrlng: is) Laundering of asbestos com mlnated clothing shall be done so as to prevent the release of air pattern as to represent with reasonable accuracy the levels of exposure of em ployees. In no ease shall the sampling be done at intervals greater than g 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 aabaatoa fibers which may reach tha breathing zone of employees. Samples shall be collected on a membrane filter of 0.1 micrometer porealty mounted in an open-face filter bolder. Samples shall be taken for the determination of the Ihour time-weighted average airborne concentrations and of the celling con centrations of asbestos fibers. (ill Sampling /regurney and patterns. After the initial determinations required by subparagraph (I) of this paragraph: samples shall be of such frequency and pattern aa to represent with reasonable accuracy the levels of exposure of the employees. In no case shall sampling be at intervals greater than f months for Spacing between lines shall be at least equal to the height of the upper of any two line*. (2) Caution labels-- ft) Labeling Cau tion labels shall be affixed to ail rnw 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 sc that during any reasonably foreseeable use. handling, storage, disposal, processing, or transportation, no airborne concentra tions of asbestos fibers m excess of the exposure limits prescribed in paragraph (bi of this section will be released. (ii) Label specifications. The caution labels required by subdivision in of this subparagraph shall be printed in letters of sufficient size and contrast as to be readily visible and legible. The label shall state: Czutiox Contains Asbestos Fibers Avoid Creating Dust Breaming Asbestos Dust Mi7 Cause Serious Bedltv Hsrm borne asbestos fibers In excess of the ex employees whose exposures to asbestos (hi Housekeeping--(1) Cleaning. All posure limits prescribed In paragraph (b) mar reasonably be foreseen to exceed external surfaces in any place of employ of this section. the exposure limits prescribed in para ment shall be mamtamed free of accu Any employer who gives aabaatoa- graph of this section. mulations of asbestos fibers if. with their contaminated clothing to another person (4) employee observation of monitor- dispersion, there would be an excessive lor laundering shall Inform such person fug. Affected employees, or their rep concentration. of the requirement in <c> of this subdi resentatives. shall be given a reasonable (2> Waste disposal. Asbestos waste, vision to effectively prevent the release opportunity to observe any monitoring scrap, debris, bags, containers, equip of airborne asbestos libera In excasa of required by this paragraph and shall have ment. and asbestos-contaminated cloth the exposure limits prescribed in para access to the records thereof. ing, consigned for disposal, which may graph <b) of this section. ((> Caution signs and labels. (1) Cau produce in any reasonably foreseeable <c> Contaminated clothing shall bo tion signs. (Ii Posting. Caution signs use. handling, storage, processing, dis transported in sealed Impermeable bags, shall be provided and displayed at each posal. or transportation airborne concen or other closed, impermeable containers, location where airborne concentrations trations of asbestos fibers in excess of the and labeled in accordance with para of asbestos fibers may be in excess of the exposure limits prescribed in paragraph graph <g) of this section. exposure limits prescribed in paragraph (bi of this section slisll be collected snd (e) Method of measurement. AH de (b) of this section. Signs shall be posted disposed of in sealed impermeable bags, terminations of airborne concentrations at such a distance from such a location or other closed. Impermeable containers. of asbestos fibers shall be made by the so that an employee may read the signs <li Recordkeeping--111 Esposure rec membrane filter method at 100-490 X (magnification) (4 millimeter objective) wiili phase contrast Illumination. (fi Monitoring--(l) Initial determi nations. Within g months of the publi and take necessary protective steps be fore entering the area marked by the signs. Signs shall be posted at all ap proaches to areas containing excessive concentrations of airborne asbestos fibers. ords. Zvery employer shall maintain rec ords of any personal or environmental monitoring required by this section. Rec ords shall be maintained for a period of at least 3 yean snd shall be mace availabls upon request to the Assistant Secre cation of this section, every employer (U> Sign specifications. Tha warning tary of Labor for Occupational Safety shall cause every place of employment signs required by subdivision (i) of Uus snd Health, the Director of the National HOKAt SIOIS7II, VOL 37, NO. ) 10--WIONIiDAT, JUKI 7, i*F2 USEI000036