[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Rules and Regulations]
[Pages 50411-50413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24171]



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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1915 and 1926

RIN 1218-AB25


Occupational Exposure to Asbestos

AGENCY: Occupational Safety and Health Administration, Department of 
Labor.

ACTION: Final rule; amendments.

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SUMMARY: This document corrects the Asbestos final rule which was 
published August 10, 1994 (59 FR 40964, 29 CFR 1915.1001 and 1926.1101) 
and corrected and clarified June 29, 1995 (60 FR 33974).

EFFECTIVE DATE: These amendments take effect on October 1, 1995.

FOR FURTHER INFORMATION CONTACT:
Ms. Ann Cyr, Acting Director of Information and Consumer Affairs, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Room N3647, 200 Constitution Avenue, NW., Washington, DC 20210, 
telephone (202) 219-8151.

SUPPLEMENTARY INFORMATION: OSHA issued improved asbestos standards for 
general industry, construction, and shipyard employment on August 10, 
1994 at 59 FR 40964 to better protect workers from lung cancer, 
asbestosis and other diseases caused by asbestos exposure. OSHA 
published a notice correcting and clarifying certain provisions on June 
29, 1995. This document further corrects and clarifies various 
provisions of the construction and shipyards employment standards. The 
general industry standard is not further amended.
    Because the corrections are based on the existing rulemaking record 
and are not intended to affect the protection afforded by the standard 
in a significant way, OSHA finds good cause, pursuant to 29 CFR 1911.15 
and the Administrative Procedure Act, for promulgating the corrections 
without notice and opportunity for public comment.
    OSHA briefly describes in this preamble, changes to the regulatory 
text of the standards which are more than typographical in nature.
    In both the construction and shipyards standards paragraph 
(g)(7)(iii) is redesignated as (g)(7)(ii)(C) to clarify that dropcloths 
are required beneath all indoor removal activity.
    OSHA has determined that when gaskets are removed intact, wet 
methods are not required. Therefore, paragraph (g)(8)(iv)(B) is deleted 
and the word ``wet'' is removed from (g)(8)(iv)(C). The standard still 
requires that when gaskets are visibly deteriorated, they must be 
removed using glovebags and wet methods.
    Paragraph (g)(11) of 1926.1101 and paragraph (g)(12) of 1915.1001 
are revised to allow bituminous or asphaltic pipeline coating to be 
handled using the same ``alternative methods'' set forth in the June 
1995 correction notice, for certain bituminous/resinous roofing 
materials. OSHA recognizes that asphaltic wrap is similar to these 
roofing materials because the highly effective material used to bind 
asbestos fibers, is the same. A new paragraph (g)(11)(vi) of the 
construction standard (1926.1101) and (g)(12)(vi) of the shipyard 
employment standard (1915.1001) is added to specify that activities 
that disturb asphaltic pipeline wrap must be performed using wet 
methods. Submissions by Exxon to the 1994 rulemaking record which 
indicate that these activities generate low fiber levels were performed 
using wet methods (Docket H033e, Exhibit 127).
    In the preamble to the June 29 Federal Register correction 
document, OSHA stated its intention to allow the use of powered air-
purifying respirators adequately fitted to give a good face seal when 
exposure assessment and monitoring data indicate that asbestos exposure 
levels do not exceed 1.0 fibers per cubic centimeter as an 8-hour time 
weighted average. However, this provision was inadvertently omitted 
from the regulatory text. Paragraph (h)(2)(v) of both standards is 
corrected to include this provision.
    Paragraph (o)(4) of both standards is corrected to allow competent/
qualified person training to be obtained in a course that meets the EPA 
criteria for supervisors, one which is state-approved, or one which is 
equivalent in stringency, content, and length. This restores the August 
10, 1994 regulatory text allowing training in state-approved courses 
for competent/qualified persons which was inadvertently omitted from 
the June 19 document.

List of Subjects in 29 CFR Parts 1915 and 1916

    Asbestos, Occupational Safety and Health.

    This document was prepared under the direction of Joseph A. Dear, 
Assistant Secretary of Labor for Occupational Safety and Health, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210.
    Accordingly, pursuant to sections 4, 6(b), 8(c), and 8(g) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); 
Sec. 107, Contract Work Hours and Safety Standards Act (Construction 
Safety Act, 40 U.S.C. 333); Sec. 41, Longshore and Harbor Workers' 
Compensation Act (33 U.S.C. 941); 5 U.S.C. Sec. 553; and 29 CFR Part 
1911; 29 CFR Parts 1915 and 1926 are amended as set forth below.

    Signed at Washington, DC this 25th day of September, 1995.
Joseph A. Dear,
Assistant Secretary, Occupational Safety and Health Administration.

PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD 
EMPLOYMENT


Sec. 1915.1001  [Amended]

    1. and 2. The authority citation of 29 CFR Part 1915 continues to 
read as follows:

    Authority: Sec. 41, Longshore and Harbor Workers Compensation 
Act (33 U.S.C. 941); sections 4, 6, and 8, Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653, 655, 657); sec. 4 of the 
Administrative Procedure Act (5 U.S.C. 553); Secretary of Labor's 
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-

[[Page 50412]]
83 (48 FR 35736) or 1-90 (55 FR 9033), as applicable; 29 CFR Part 1911.


Sec. 1915.1001  [Amended]

    3. In Sec. 1915.1001, paragraph (g)(7)(iii) is redesignated as 
(g)(7)(ii)(C), and a new paragraph (g)(7)(iii) is added and reserved.
    4. and 5. In Sec. 1915.1001, paragraph (g)(8)(iv)(B) is removed and 
reserved.
    6. In Sec. 1915.1001, paragraph (g)(8)(iv)(C) is revised to read as 
follows:


Sec. 1915.1001  Asbestos.

 * * * * *
    (g) * * *
    (8) * * *
    (iv) * * *
    (C) The gasket shall be immediately placed in a disposal container.
 * * * * *
    7. In Sec. 1915.1001, paragraph (g)(12) introductory text is 
revised to read as follows:
 * * * * *
    (g) * * *
    (12) Alternative methods of compliance for installation, removal, 
repair, and maintenance of certain roofing and pipeline coating 
materials. Notwithstanding any other provision of this section, and 
employer who complies with all provisions of this paragraph (g)(12) 
when installing, removing, repairing, or maintaining intact pipeline 
asphaltic wrap, or roof cements, mastics, coatings, or flashings which 
contain asbestos fibers encapsulated or coated by bituminous or 
resinous compounds shall be deemed to be in compliance with this 
section. If an employer does not comply with all provisions of this 
paragraph (g)(12), or if during the course of the job the material does 
not remain intact, the provisions of paragraph (g)(8) of this section 
apply instead of this paragraph (g)(12).
 * * * * *
    8. In Sec. 1915.1001, paragraph (g)(12)(vi) is added to read as 
follows:
 * * * * *
    (g) * * *
    (12) * * *
    (vi) All removal or disturbance of pipeline asphaltic wrap shall be 
performed using wet methods.
 * * * * *
    9. In Sec. 1915.1001, paragraph (h)(2)(v) is revised to read as 
follows:
 * * * * *
    (h) * * *
    (2) * * *
    (v) In addition to the selection criteria in paragraph (h)(2)(i) 
through (iv), the employer shall provide a tight-fitting powered air 
purifying respirator equipped with high efficiency filters or a full 
facepiece supplied air respirator operated in the pressure demand mode 
equipped with HEPA egress cartridges or an auxiliary positive pressure 
self-contained breathing apparatus for all employees within the 
regulated area where Class I work is being performed for which a 
negative exposure assessment has not been produced and, the exposure 
assessment indicates the exposure level will not exceed 1 f/cc as an 8-
hour time weighted average. A full facepiece supplied air respirator 
operated in the pressure demand mode equipped with an auxiliary 
positive pressure self-contained breathing apparatus shall be provided 
under such conditions, if the exposure assessment indicates exposure 
levels above 1 f/cc as an 8-hour time weighted average.
 * * * * *
    10. In Sec. 1915.1001, paragraph (o)(4)(i) is revised to read as 
follows:
 * * * * *
    (o) * * *
    (4) * * *
    (i) For Class I and II asbestos work the qualified person shall be 
trained in all aspects of asbestos removal and handling, including: 
Abatement, installation, removal and handling; the contents of this 
standard; the identification of asbestos; removal procedures, where 
appropriate; and other practices for reducing the hazard. Such training 
shall be obtained in a comprehensive course for supervisors, that meets 
the criteria of EPA's Model Accreditation Plan (40 CFR part 763, 
subpart E, Appendix C), such as a course conducted by an EPA-approved 
or state-approved training provider, certified by EPA or a state, or a 
course equivalent in stringency, content, and length.
* * * * *

PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

    1. and 2. The authority citation of subpart Z of 29 CFR Part 1926 
continues to read as follows:

    Authority: Sections 6 and 8, Occupational Safety and Health Act, 
29 U.S.C. 655, 657; Secretary of Labor's Orders Nos. 12-71 (36 FR 
8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9033) 
as applicable; and 29 CFR Part 1911.
    Section 1926.1101 also issued under 5 U.S.C. 553.
    Section 1926.1102 not issued under 29 U.S.C. 655 or 29 CFR Part 
1911; also issued under 5 U.S.C. 553.
    Section 1926.1103 through 1926.1118 also issued under 29 U.S.C. 
653.
    Section 1926.1128 also issued under 29 U.S.C. 653.
    Section 1926.1145 and 1926.1147 also issued under 29 U.S.C. 653.
    Section 1926.1148 also issued under 29 U.S.C. 653.


Sec. 1926.1101  [Amended]

    3. In Sec. 1926.1101, paragraph (g)(7)(iii) is redesignated as 
(g)(7)(ii)(C), and a new paragraph (g)(7)(iii) is added and reserved.
    4. and 5. In Sec. 1926.1101, paragraph (g)(8)(iv)(B) is removed and 
reserved.
    6. In Sec. 1926.1101, paragraph (g)(8)(iv)(C) is revised to read as 
follows:


Sec. 1926.1101  Asbestos.

* * * * *
    (g) * * *
    (8) * * *
    (iv) * * *
    (c) The gasket shall be immediately placed in a disposal container.
* * * * *
    7. In Sec. 1926.1101, paragraph (g)(11) introductory text is 
revised to read as follows:
* * * * *
    (g) * * *
    (11) Alternative methods of compliance for installation, removal, 
repair, and maintenance of certain roofing and pipeline coating 
materials. Notwithstanding any other provision of this section, an 
employer who complies with all provisions of this paragraph (g)(11) 
when installing, removing, repairing, or maintaining intact pipeline 
asphaltic wrap, or roof cements, mastics, coatings, or flashings which 
contain asbestos fibers encapsulated or coated by bituminous or 
resinous compounds shall be deemed to be in compliance with this 
section. If an employer does not comply with all provisions of this 
paragraph (g)(11), or if during the course of the job the material does 
not remain intact, the provisions of paragraph (g)(8) of this section 
apply instead of this paragraph (g)(11).
* * * * *
    8. In Sec. 1926.1101, paragraph (g)(11)(vi) is added to read as 
follows:
* * * * *
    (g) * * *
    (11) * * *
    (vi) All removal or disturbance of pipeline asphaltic wrap shall be 
performed using wet methods.
* * * * *
    9. In Sec. 1926.1101, paragraph (h)(2)(v) is revised to read as 
follows:
* * * * *
    (h) * * *
    (2) * * *
    (v) In addition to the selection criteria in paragraphs (h)(2)(i) 
through (iv), the employer shall provide a tight-fitting powered air 
purifying respirator equipped with high efficiency filters or 

[[Page 50413]]
a full facepiece supplied air respirator operated in the pressure 
demand mode equipped with HEPA egress cartridges or an auxiliary 
positive pressure self-contained breathing apparatus for all employees 
within the regulated area where Class I work is being performed for 
which a negative exposure assessment has not been produced and, the 
exposure assessment indicates the exposure level will not exceed 1 f/cc 
as an 8-hour time weighted average. A full facepiece supplied air 
respirator operated in the pressure demand mode equipped with an 
auxiliary positive pressure self-contained breathing apparatus shall be 
provided under such conditions, if the exposure assessment indicates 
exposure levels above 1 f/cc as an 8-hour time weighted average.
* * * * *
    10. In Sec. 1926.1101, paragraph (o)(4)(i) is revised to read as 
follows:
* * * * *
    (o) * * *
    (4) * * *
    (i) For Class I and II asbestos work the competent person shall be 
trained in all aspects of asbestos removal and handling, including: 
abatement, installation, removal and handling; the contents of this 
standard; the identification of asbestos; removal procedures, where 
appropriate; and other practices for reducing the hazard. Such training 
shall be obtained in a comprehensive course for supervisors that meets 
the criteria of EPA's Model Accreditation Plan (40 CFR part 763, 
subpart E, Appendix C), such as a course conducted by an EPA-approved 
or state-approved training provider, certified by EPA or a state, or a 
course equivalent in stringency, content, and length.
* * * * *
[FR Doc. 95-24171 Filed 9-28-95; 8:45 am]
BILLING CODE 4510-26-M