Document zzbO5vmajxz115OJB74yDK6ra

FROM B. D. DINMAN, M.D. T. B. BONNEY PITTSBURGH OFFICE TO PLANT PHYSICIANS PLAINTIFFS EXHIBIT .AL-659 INDUSTRIAL HYGIENISTS August 30, 1974 RE: OSHA ASBESTOS STANDARD We would like to call your attention to two decisions by the Occupational Safety and Health Review Commission, one dated July 18 and the other dated July 23, 1974. In effect, both of these decisions held that the employer was responsible for providing medical examinations for all employees exposed to asbestos. It should be noted that in both decisions the finding was based upon the existence of any exposure to asbestos fibers, regardless of the extent of exposure. In view of these decisions, we would like to emphasize once more the requirements placed upon the company for medical surveillance as well as the surveillance of the work place. We would recommend that you refer back again to the Asbestos Standard to determine whether or not you are meeting all the requirements as regards medical and environmental surveillance. B. D. DINMAN, M.D. T. B. BONNEY vmd Attachment cc: M. 0. Colwell, M.D. - 29 R. H. Watson - 7 T. R. Gauthier - 12 V. W. Rieke - 2 J. D. Breazeal - Davenport G. H. Farrah/J. M. Plunkett, ATC R. B. Kempton/Nancy William, Rea Magnet B ALCOA Medical Exams Required for Employees Exposed to Any Level of Asbestos In two separate cases, citations were affirmed for GAF Corporation's fail ure to provide medical examinations for its employees in occupations exposed to airborne concentrations of asbestos fibers. The Judges rejected the employer's contention that the standard cited requires medical examinations only for those employees exposed to concentrations reaching or exceeding the maximum per missible levels. No such limitation is placed on the obligation to provide examina tions; tests must be made available for employees receiving any exposure. The cases appear at fi1 18,289 and 18,318. [1118,289] gap Corporation Digest of Judge's Decision dated July 18, 1974. OSHRC Docket No. 3203. Henry K. Osterman, Judge. Airborne Asbestos Concentrations--Employee Exposure--Medical Examinations. A penalty of $40 was deemed appropriate for an employees violation of S 1910.93a(j) through failure to provide medical examinations for its employees exposed to aitborae concentrations of asbestos fibers. The Judge rejected the employer's contention that the standard requires medical examinations only for those employees exposed to concentra tions reaching or exceeding the maximum permissible levels established by 119l0.93a(b). No such limitation is placed on the obligation to provide examinations; tests must be made available to employees receiving any exposure. Back reference*: fl 6802.1; 68054. Allan Sloan for the employer. Louis Weiner for the Secretary. [IT 18418] GAP Corporation Digest of Judge's Decision dated July 23, 1974. OSHRC Docket No. 4008. Vernon Riehl, Judge. Aibestoe--Employees' Exposure--Medical Examinations--Threshold Values--Abate ment. Ruling that employees were exposed on a regular basis to concentrations of asbestos dust and that the employer had not made medical examinations available to employees, a Judge found the employer had violated the requirements of 119t0.93a(j)(3). Although accepted testing methods were used to determine employee exposure to asbestos fibers longer than four microns for 8-hour daily shifts on an average of five days per week, it was noted that the standard requiring medical examinations makes no reference to a threshold value and is applicable to all employees exposed to asbestos airborne con centrations. The clear intent of the standard as adopted was to provide early detection, of asbestos-related diseases which are statistically inevitable regardless of exposure limits. After considering the gravity of violation, size of business, good faith and prior history of violations a zero penalty was proposed. An abatement period of 120 days was also affirmed. Back reference: fl 6805.3. McNeill Stokes for the employer. Donald McCoy for the Secretary.