[Federal Register Volume 61, Number 165 (Friday, August 23, 1996)]
[Rules and Regulations]
[Pages 43454-43459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21519]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, and 1926
[Docket number H-033-e]
RIN 1218-AB25
Occupational Exposure to Asbestos, Tremolite, Anthophyllite and
Actinolite
AGENCY: Occupational Safety and Health Administration, Department of
Labor.
ACTION: Final rule: corrections.
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SUMMARY: The Occupational Safety and Health Administration (OSHA) is
correcting certain provisions of the final asbestos standards issued
August 10, 1994 (59 FR 40964) and corrected and clarified June 29, 1995
(60 FR 33974) and September 29, 1995 (60 FR 50411).
EFFECTIVE DATE: These amendments take effect September 23, 1996.
FOR FURTHER INFORMATION CONTACT: Ms. Anne Cyr, Office of Information
and Consumer Affairs, OSHA, U. S. Department of Labor, Room N3647, 200
Constitution Avenue, N.W., Washington, DC 20210; telephone: (202) 219-
8151.
SUPPLEMENTARY INFORMATION:
1. Background
On August 10, 1994, OSHA issued asbestos standards for general
industry, construction work, and shipyard work. 59 FR 40964. On June
29, 1995, and September 29, 1995, OSHA issued notices correcting and
clarifying various provisions of those standards. 60 FR 33974; 60 FR
50411. This notice further corrects various provisions of the standards
and clarifies the meaning of certain provisions of the standards.
The corrections set forth in this document are based on the
existing rulemaking record and are not intended to affect the
protection afforded by the standards in a significant way. OSHA
therefore 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.
This preamble will describe the changes to the regulatory text of
the standards and will also clarify the meaning of certain existing
provisions of the asbestos standards.
2. Respirators
The standards require that engineering and work practice controls
be supplemented by respirator use when employees are exposed to
asbestos fibers in concentrations exceeding the permissible exposure
limit (PEL) and in certain other circumstances. The type of respirator
that may be used depends on the amount by which exposures are expected
to exceed the PEL. When exposures are less than 10 times the PEL, half-
mask air-purifying respirators equipped with high efficiency filters
may be used. Full-facepiece air-purifying respirators with high
efficiency filters are permissible for exposures up to 50 times the
PEL. Higher exposures require the use of positive pressure respirators,
either powered air-purifying respirators (for exposures up to 100 times
the PEL) or full facepiece supplied-air respirators (for even higher
exposures).
Paragraph (h)(2)(iii) of the construction and shipyard standards
provides that any employee who must wear a respirator under the
standard may require that the employer provide him or her with a
powered air-purifying respirator in lieu of a negative pressure
respirator. Accordingly, even if the amount of asbestos to which an
employee is exposed would permit that employee to be protected by a
negative pressure respirator, an employee who wishes to wear a more
effective respirator may require the employer to provide a powered air-
purifying respirator.
It is important that employees understand that they have this
choice. Accordingly, paragraph (h)(2)(iii) of the construction and
shipyard standards is being revised to state explicitly that the
employer must inform employees of their right to require provision of a
powered air-purifying respirator in lieu of a negative pressure
respirator. This requirement for employee notification is already
implicit in provisions of the standards requiring that employees who
perform work that is covered by a standard be trained in the contents
of the standard. By stating explicitly that the employer must inform
employees who are required to wear respirators that the employee may
require the employer to provide a powered air-purifying respirator, the
standards will better assure that employees receive the information
they need to exercise the option afforded them by paragraph
(h)(2)(iii).
3. Signs and Labels
The asbestos standards require that signs and labels be used to
warn employees of the presence of asbestos in buildings and vessels.
When the 1994 standards were issued, certain provisions for signs and
labels were carried over from earlier standards issued in 1986, and
other provisions were added.
In resolving the judicial challenges to the 1986 standards, the
court of appeals ordered OSHA to reconsider its determination not to
require signs and labels to be in languages other than English. In
response to the court's order, OSHA did not require that signs and
labels be in languages other than English but did take other steps to
assure that employees who were not fluent in English understood the
warnings provided by the signs and labels. The agency added a new
requirement that the training program specifically cover the contents
of signs and labels and also required that the training assure that
employees comprehend the warning signs. With these changes, OSHA
concluded that the entire hazard communication program required by the
standard ``will ensure that all exposed employees are effectively
warned of the presence and hazards of asbestos-containing material on
worksites.'' 55 FR 3724, 3730 (Feb. 5, 1990).
The 1994 standards carried over the provisions requiring that
employees be trained in the contents of signs and labels and that the
training be conducted in a manner that the employee can comprehend. To
further ensure that workers understand the warnings provided by signs
and labels, the June 29, 1995 notice added a requirement to the
construction and shipyard standards stating that the employer assure
that the signs required at the entrance to regulated areas be
comprehensible to employees. The regulated area sign provisions listed
foreign languages, pictographs and graphics, as means to promote
employee comprehension.
OSHA has determined that language stating the need to promote
employee comprehension of signs and labels should be included in all of
the sign and label requirements found in the asbestos standards.
Accordingly, this notice revises paragraph (j)(3)(v) of the general
industry standard, and paragraphs (k)(6) and (k)(8)(vii) of the
construction and shipyard standards, to similarly state that employers
must assure employee comprehension of the signs and labels. These
revisions will provide for consistency in all of the provisions of the
standards that require asbestos warning signs and labels and will
therefore better assure that workers, particularly those who are not
fluent in
[[Page 43455]]
English, are aware of the presence and location of asbestos in their
workplaces. OSHA reiterates, however, that it is not mandating that
signs and labels be written in languages other than English. The
standards give each employer flexibility in deciding how to best assure
that the employees in its workplace understand the message conveyed by
the signs and labels.
4. Training
Proper training is vital to assure that workers who remove or
disturb asbestos-containing materials are aware of the hazards of
asbestos exposure and understand the requirements of the standard that,
if followed, will minimize such exposure. The standard's training
provisions are designed to assure that each employee receives a degree
of training appropriate to the nature of the asbestos-related tasks
that employee performs.
Employees who perform Class I asbestos removals must be given a 32-
hour training course equivalent to the asbestos abatement training
required under the EPA Model Accreditation Plan. The 1994 standard
required similar training for workers who engage in general Class II
removals but required 8-hour training for workers who remove only a
single generic type of Class II material, such as roofing or flooring
material. The intent was to assure that those employees who were
employed by asbestos abatement contractors and performed a wide range
of asbestos abatement work would receive the full 32-hour training,
while workers who worked for specialty contractors and performed
limited asbestos removal work would receive 8-hour training that
focused on the particular type of material they removed.
The June 29, 1995 notice retained the requirement that workers who
remove a single generic type of Class II building material receive 8-
hour training. However, OSHA determined that workers who remove
asbestos-containing materials other than building materials, such as
gaskets, do not necessarily require 8 hours of training. Accordingly,
the standards were revised to specify the topics that the training for
such workers had to cover rather than the duration of the training.
In making these changes to the Class II training provisions, the
requirement in paragraph (k)(9)(iii) for a 32-hour training course for
those workers who engage in Class II removals as part of general
asbestos abatement work was inadvertently deleted. This notice restores
and clarifies that requirement. Paragraph (k)(9)(iii) now states that
32-hour training is required when Class II operations require controls
such as critical barriers (or equivalent isolation methods) or negative
pressure enclosures. Such controls are required for those operations
that present the greatest potential for high exposures, and the workers
who perform such operations must thoroughly understand when and how
such controls must be used. The training provisions are also being
clarified to state that training for workers who engage in other Class
II removals must include training in each category of material the
employee removes and in each work practice and each removal method the
employee uses. Similar performance-oriented language is also being
added to the Class III training provision. By stating the training
requirement in performance-oriented terms, the standard gives each
employer flexibility in designing a training course suited to its
operation while assuring that each employee receives training that
covers all of the asbestos-related tasks that employee performs.
As discussed above, all training must be conducted in a manner that
is comprehensible to the employee. Therefore, any written or electronic
media that is used in the training must be presented at a reading level
that is appropriate for the workers being trained, and the employer
must take reasonable steps to assure that employees who are not fluent
in English understand the content of the training. A worker's ability
to obtain a timely response to questions he or she may have about the
content of the training is also a key to worker comprehension.
Accordingly, while a training course may use written materials and
electronic media such as videotapes or computer-based training, a
knowledgeable person (such as a person who qualifies as a ``competent
person'' for the particular type of asbestos work addressed in the
training) must be available to answer questions during the training.
Modern communication techniques permit effective questioning of a
person who is not physically present in the room where the training is
taking place, and the standards do not preclude reliance on such
methods. However, regardless of whether an instructor is physically
present during the training, the employer must assure that the
employees have a full opportunity to have questions answered in a
timely manner.
OSHA has received several inquiries about the training required for
a person to qualify as a ``competent person'' for roof removal work.
Roof removal is Class II work, and paragraph (o)(4)(i) of the
construction and shipyard standards generally requires a Class II
competent person to receive a 40-hour course that meets the requirement
of EPA's Model Accreditation Plan. However, paragraph (o)(4)(i) also
permits an alternative course that is certified by the EPA or by a
state and is equivalent in stringency, content, and length to the EPA
Model Accreditation Plan course. Various training providers have
developed ``competent person'' training courses that are specifically
designed to train roof removal supervisors. These courses focus on roof
removal work rather than asbestos removal methods that are used in
indoor work and therefore require less training time than the EPA MAP
course. Because these courses are shorter than the 40-hour MAP course,
training providers that have developed such courses and state agencies
whose approval has been sought have been uncertain as to whether
roofing supervisors trained in such courses would qualify as
``competent persons'' under the OSHA asbestos standards.
It was OSHA's intent to assure that a competent person receives
full and effective training in the type of asbestos jobs that the
person supervises. For routine roof removal work, where the material is
intact prior to removal, a well-designed training course that deals
specifically with roof removal work will effectively train competent
persons to supervise such jobs. However, where roofing material has
deteriorated to the point where it is no longer ``intact'' within the
meaning of the standards, removal of the material can result in
excessive exposures, and the job should be supervised by a person who
has been trained in the full range of asbestos abatement methods.
Therefore, OSHA has interpreted paragraph (o)(4)(i) to require 40-hour
training for competent persons who oversee roof removal work when the
material being removed is non-intact prior to removal. For competent
persons who supervise removals for which the roofing material is intact
prior to removal, state-approved courses of shorter than 40-hour
duration are permitted. When a powered roof cutter is used to remove
built-up roofing, the force of the cutting blade produces dust that is
non-intact even if the material is intact to begin with. However, for
purpose of the competent person training provision, this would not be
considered a non-intact removal that would require 40-hour training.
Only if the material has deteriorated to the point where it is non-
intact prior to removal is 40-hour training required.
[[Page 43456]]
5. Medical Surveillance
The 1994 construction and shipyard standards required medical
surveillance ``for all employees who for a combined total of 30 or more
days per year are engaged in Class I, II and III work or are exposed at
or above the permissible exposure limit or excursion limit.'' The
agency's intent was to count towards the medical surveillance
requirement all of the days in which an employee performed either Class
I or Class II or Class III work or, regardless of the type of work
being done, was exposed over either the permissible exposure limit or
excursion limit. The June 29, 1995 corrections notice modified this
provision to require medical surveillance ``for all employees who for a
combined total of 30 or more days per year are engaged in Class I, II
and III work or are exposed at or above the permissible exposure limit
or excursion limit for a combined 30 days or more per year.'' The
addition of the second reference to 30 days or more per year was not
intended to change the substantive meaning of the provision and has
proven to be confusing. The provision is therefore being revised to
return to the original wording.
The June 29, 1995 corrections notice also provided that days in
which an employee spends less than one hour performing Class II or III
work and, in doing so, fully conforms to the work practices specified
in the standard, need not be counted towards the medical surveillance
requirement. This provision is being further modified to state that
such days are excluded only if the material being removed or disturbed
is intact. Removal or disturbance of non-intact material presents the
potential for considerable exposure to asbestos fibers, and any day in
which such work takes place should count towards the medical
surveillance requirement. The provision is also being clarified by
stating that the one hour time period includes the time spent on the
entire removal operation, including cleanup.
6. One Waste-Bag Limitation for Class III Work
Class III work includes maintenance work for which a small amount
of ACM must be cut away to access mechanical or structural components
of buildings. In order to qualify as Class III work (rather than Class
I or Class II work), the amount cut away must be less than the amount
that can be contained in a standard-sized glove bag or waste bag.
Employers may not circumvent the requirements for Class I and Class II
removals by overfilling a single glove bag or waste bag and treating
the job as Class III. Material is only considered to be ``contained''
if the glove bag or waste bag is filled to the point where it can be
sealed effectively and will not become opened inadvertently or broken
during normal handling. To facilitate secure closure and avoid
breakage, it is generally proper practice to fill a bag only \1/3\ to
\1/2\ full.
7. Class IV Work
As OSHA has explained previously, Class IV work must be related to
and on the site of a construction job to be regulated by the Asbestos
Construction Standard, 29 CFR 1926.1101. 60 FR 33974. This
distinguishes such ``clean-up'' work from housekeeping which is
regulated by the Asbestos General Industry Standard, 29 CFR 1910.1001.
OSHA further wishes to clarify that ``clean-up'' performed as a
Class IV activity does not include picking up and bagging asbestos
debris/dust during Class I, II, or III work. Class I, II, and III work
is subject to the requirement in paragraph (g)(1)(iii) of the
construction and shipyard standards for prompt clean-up and disposal of
asbestos-containing waste and debris. Therefore, the collection and
bagging of dust and debris that results from Class I, II, or III work
is considered a part of that class of work and must be done by
employees trained to do such work. Class IV activities consist of
clean-up work that takes place in an area after a Class I, II, or III
job in that area has been completed. Although any asbestos-containing
dust and debris should have been removed during the Class I, II, or III
job, OSHA recognizes that some residual asbestos-containing dust or
debris may be present after the Class I, II, or III job (including
cleanup) has been completed. The Class IV classification under the
construction and shipyard standards for further cleanup work in areas
where Class I, II, or III work has taken place means that an asbestos-
trained ``competent person'' must evaluate the work before it is done
to assure that it should not be classified under another category. The
Class IV classification also means that the employees who perform the
work must receive sufficient training to recognize the presence of ACM,
understand the hazards associated with asbestos exposure, and know the
appropriate work practices that must be followed to minimize the
potential for asbestos exposure.
List of Subjects in 29 CFR Part 1910, 1915, and 1926
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, N.W., 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 Standard 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 1910, 1915 and 1926 are amended as set forth below.
Signed at Washington, DC, this 19th day of August, 1996.
Joseph A. Dear,
Assistant Secretary Occupational Safety and Health Administration.
OSHA hereby amends 29 CFR Parts 1910, 1915 and 1926 as follows:
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
1. The authority citation of subpart Z of 29 CFR part 1910
continues to read as follows:
Authority: Secs. 6, 8 Occupational Safety and Health Act, 29
U.S.C. 655, 657: Secretary of Labor's Order 12-71 (36 FR 8754), 9-76
(41 FR 25059), 9-83 [48 FR 35736] or 1-90 (55 FR 9033), as
applicable; and 29 CFR part 1911.
All of subpart Z issued under section 6(b) of the Occupational
Safety and Health Act, except those substances which have exposure
limits listed in Tables Z-1, Z-2 and Z-3 of 29 CFR 1910.1000. The
latter were issued under section 6(a) [29 U.S.C. 655(a)].
Section 1910.1000, Tables Z-1, Z-2 and Z-3 also issued under 5
U.S.C. 553. Section 1910.1000, Tables Z-1, Z-2 and Z-3 not issued under
29 CFR part 1911 except for the arsenic (organic compounds), benzene,
and cotton dust listings.
Section 1910.1001 also issued under section 107 of Contract Work
Hours and Safety Standards Act, 40 U.S.C. 333.
Section 1910.1002 not issued under 29 U.S.C. or 29 CFR part 1911;
also issued under 5 U.S.C. 653.
Section 1910.1003 through 1910.1018 also issued under 29 CFR 653.
Section 1910.1025 also issued under 29 U.S.C. 653 and 5 U.S.C. 553.
Section 1910.1028 also issued under 29 U.S.C. 653.
Section 1910.1030 also issued under 29 U.S.C. 653.
Section 1910.1043 also issued under 5 U.S.C. 551 et seq.
Section 1910.1045 and 1910.1047 also issued under 29 U.S.C. 653.
[[Page 43457]]
Section 1910.1048 also issued under 29 U.S.C. 653.
Sections 1910.1200, 1910.1499 and 1910.1500 also issued under 5
U.S.C. 553.
Section 1910.1450 is also issued under sec. 6(b), 8(c) and 8(g)(2),
Pub. L. 91-596, 84 Stat. 1593, 1599, 1600; 29 U.S.C. 655, 657.
2. In Sec. 1910.1001, paragraph (j)(3)(v) is revised to read as
follows:
Sec. 1910.1001 Asbestos.
* * * * *
(j) * * *
(3) * * *
(v) At the entrance to mechanical rooms/areas in which employees
reasonably can be expected to enter and which contain ACM and/or PACM,
the building owner shall post signs which identify the material which
is present, its location, and appropriate work practices which, if
followed, will ensure that ACM and/or PACM will not be disturbed. The
employer shall ensure, to the extent feasible, that employees who come
in contact with these signs can comprehend them. Means to ensure
employee comprehension may include the use of foreign languages,
pictographs, graphics, and awareness training.
* * * * *
PART 1915--[AMENDED]
1. 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); secs. 4, 6, 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 35736) or 1-90 (55 FR 9033), as
applicable; 29 CFR part 1911.
2. In Sec. 1915.1001, paragraph (h)(2)(iii) is revised to read as
follows:
Sec. 1915.1001 Asbestos.
* * * * *
(h) * * *
(2) * * *
(iii)(A) The employer shall provide a tight fitting powered, air-
purifying respirator in lieu of any negative-pressure respirator
specified in Table 1 whenever:
(1) an employee chooses to use this type of respirator; and
(2) this respirator will provide adequate protection to the
employee.
(B) The employer shall inform any employee required to wear a
respirator under this paragraph that the employee may require the
employer to provide a powered, air-purifying respirator in lieu of a
negative pressure respirator.
Table 1 * * *
* * * * *
3. In Sec. 1915.1001, paragraph (k)(6) is revised to read as
follows:
* * * * *
(k) * * *
(6) At the entrance to mechanical rooms/areas in which employees
reasonably can be expected to enter and which contain ACM and/or PACM,
the building/vessel owner shall post signs which identify the material
which is present, its location, and appropriate work practices which,
if followed, will ensure that ACM and/or PACM will not be disturbed.
The employer shall ensure, to the extent feasible, that employees who
come in contact with these signs can comprehend them. Means to ensure
employee comprehension may include the use of foreign languages,
pictographs, graphics, and awareness training.
* * * * *
4. In Sec. 1915.1001, paragraph (k)(8)(vii) is revised to read as
follows:
* * * * *
(k) * * *
(8) * * *
(vii) When a building/vessel owner or employer identifies
previously installed PACM and/or ACM, labels or signs shall be affixed
or posted so that employees will be notified of what materials contain
PACM and/or ACM. The employer shall attach such labels in areas where
they will clearly be noticed by employees who are likely to be exposed,
such as at the entrance to mechanical room/areas. Signs required by
paragraph (k)(6) of this section may be posted in lieu of labels so
long as they contain information required for labelling. The employer
shall ensure, to the extent feasible, that employees who come in
contact with these signs or labels can comprehend them. Means to ensure
employee comprehension may include the use of foreign languages,
pictographs, graphics, and awareness training.
* * * * *
5. In Sec. 1915.1001, paragraphs (k)(9)(iii), (k)(9)(iv), and
(k)(9)(v) are revised to read as follows:
* * * * *
(k) * * *
(9) * * *
(iii) Training for Class I operations and for Class II operations
that require the use of critical barriers (or equivalent isolation
methods) and/or negative pressure enclosures under this section shall
be the equivalent in curriculum, training method and length to the EPA
Model Accreditation Plan (MAP) asbestos abatement workers training (40
CFR part 763, subpart E, appendix C).
(iv) Training for other Class II work.
(A) For work with asbestos containing roofing materials, flooring
materials, siding materials, ceiling tiles, or transite panels,
training shall include at a minimum all the elements included in
paragraph (k)(9)(viii) of this section and in addition, the specific
work practices and engineering controls set forth in paragraph (g) of
this section which specifically relate to that category. Such course
shall include ``hands-on'' training and shall take at least 8 hours.
(B) An employee who works with more than one of the categories of
material specified in paragraph (k)(9)(iv)(A) of this section shall
receive training in the work practices applicable to each category of
material that the employee removes and each removal method that the
employee uses.
(C) For Class II operations not involving the categories of
material specified in paragraph (k)(9)(iv)(A) of this section, training
shall be provided which shall include at a minimum all the elements
included in paragraph (k)(9)(viii) of this section and in addition, the
specific work practices and engineering controls set forth in paragraph
(g) of this section which specifically relate to the category of
material being removed, and shall include ``hands-on'' training in the
work practices applicable to each category of material that the
employee removes and each removal method that the employee uses.
(v) Training for Class III employees shall be consistent with EPA
requirements for training of local education agency maintenance and
custodial staff as set forth at 40 CFR 763.92(a)(2). Such a course
shall also include ``hands-on'' training and shall take at least 16
hours. Exception: For Class III operations for which the competent
person determines that the EPA curriculum does not adequately cover the
training needed to perform that activity, training shall include as a
minimum all the elements included in paragraph (k)(9)(viii) of this
section and in addition, the specific work practices and engineering
controls set forth in paragraph (g) of this section which specifically
relate to that activity, and shall include ``hands-on'' training in the
work practices applicable to each category of material that the
employee disturbs.
* * * * *
6. In Sec. 1915.1001, paragraph (m)(1)(i)(A) is revised to read as
follows:
* * * * *
(m) * * *
(1) * * *
(i) * * *
[[Page 43458]]
(A) The employer shall institute a medical surveillance program for
all employees who for a combined total of 30 or more days per year are
engaged in Class I, II and III work or are exposed at or above a
permissible exposure limit. For purposes of this paragraph, any day in
which a worker engages in Class II or Class III operations or a
combination thereof on intact material for one hour or less (taking
into account the entire time spent on the removal operation, including
cleanup) and, while doing so, adheres fully to the work practices
specified in this standard, shall not be counted.
* * * * *
PART 1926--[AMENDED]
1. 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 1926.1102 not issued under 29 U.S.C. 655 or 29 CFR part
1911; also issued under 5 U.S.C. 653.
Section 1926.1103 through 1926.1118 also issued under 29 U.S.C.
6653.
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.
2. In Sec. 1926.1101, paragraph (h)(2)(iii) is revised to read as
follows:
Sec. 1926.1101 Asbestos.
* * * * *
(h) * * *
(2) * * *
(iii)(A) The employer shall provide a tight fitting powered, air-
purifying respirator in lieu of any negative-pressure respirator
specified in Table 1 whenever:
(1) An employee chooses to use this type of respirator; and
(2) This respirator will provide adequate protection to the
employee.
(B) The employer shall inform any employee required to wear a
respirator under this paragraph that the employee may require the
employer to provide a powered, air-purifying respirator in lieu of a
negative pressure respirator.
Table 1 * * *
* * * * *
3. In Sec. 1926.1101, paragraph (k)(6) is revised to read as
follows:
* * * * *
(k) * * *
(6) At the entrance to mechanical rooms/areas in which employees
reasonably can be expected to enter and which contain ACM and/or PACM,
the building owner shall post signs which identify the material which
is present, its location, and appropriate work practices which, if
followed, will ensure that ACM and/or PACM will not be disturbed. The
employer shall ensure, to the extent feasible, that employees who come
in contact with these signs can comprehend them. Means to ensure
employee comprehension may include the use of foreign languages,
pictographs, graphics, and awareness training.
* * * * *
4. In Sec. 1926.1101, paragraph (k)(8)(vii) is revised to read as
follows:
* * * * *
(k) * * *
(8) * * *
(vii) When a building owner or employer identifies previously
installed PACM and/or ACM, labels or signs shall be affixed or posted
so that employees will be notified of what materials contain PACM and/
or ACM. The employer shall attach such labels in areas where they will
clearly be noticed by employees who are likely to be exposed, such as
at the entrance to mechanical room/areas. Signs required by paragraph
(k)(6) of this section may be posted in lieu of labels so long as they
contain information required for labelling. The employer shall ensure,
to the extent feasible, that employees who come in contact with these
signs or labels can comprehend them. Means to ensure employee
comprehension may include the use of foreign languages, pictographs,
graphics, and awareness training.
* * * * *
5. In Sec. 1926.1101, paragraphs (k)(9)(iii), (k)(9)(iv), and
(k)(9)(v) are revised to read as follows:
* * * * *
(k) * * *
(9) * * *
(iii) Training for Class I operations and for Class II operations
that require the use of critical barriers (or equivalent isolation
methods) and/or negative pressure enclosures under this section shall
be the equivalent in curriculum, training method and length to the EPA
Model Accreditation Plan (MAP) asbestos abatement workers training (40
CFR Part 763, subpart E, appendix C).
(iv) Training for other Class II work.
(A) For work with asbestos containing roofing materials, flooring
materials, siding materials, ceiling tiles, or transite panels,
training shall include at a minimum all the elements included in
paragraph (k)(9)(viii) of this section and in addition, the specific
work practices and engineering controls set forth in paragraph (g) of
this section which specifically relate to that category. Such course
shall include ``hands-on'' training and shall take at least 8 hours.
(B) An employee who works with more than one of the categories of
material specified in paragraph (k)(9)(iv)(A) of this section shall
receive training in the work practices applicable to each category of
material that the employee removes and each removal method that the
employee uses.
(C) For Class II operations not involving the categories of
material specified in paragraph (k)(9)(iv)(A) of this section, training
shall be provided which shall include at a minimum all the elements
included in paragraph (k)(9)(viii) of this section and in addition, the
specific work practices and engineering controls set forth in paragraph
(g) of this section which specifically relate to the category of
material being removed, and shall include ``hands-on'' training in the
work practices applicable to each category of material that the
employee removes and each removal method that the employee uses.
(v) Training for Class III employees shall be consistent with EPA
requirements for training of local education agency maintenance and
custodial staff as set forth at 40 CFR 763.92(a)(2). Such a course
shall also include ``hands-on'' training and shall take at least 16
hours. Exception: For Class III operations for which the competent
person determines that the EPA curriculum does not adequately cover the
training needed to perform that activity, training shall include as a
minimum all the elements included in paragraph (k)(9)(viii) of this
section and in addition, the specific work practices and engineering
controls set forth in paragraph (g) of this section which specifically
relate to that activity, and shall include ``hands-on'' training in the
work practices applicable to each category of material that the
employee disturbs.
* * * * *
6. In Sec. 1926.1101, paragraph (m)(1)(i)(A) is revised to read as
follows:
* * * * *
(m) * * *
(1) * * *
(i) * * *
(A) The employer shall institute a medical surveillance program for
all employees who for a combined total of 30 or more days per year are
engaged in Class I, II and III work or are exposed at or above a
permissible exposure limit.
[[Page 43459]]
For purposes of this paragraph, any day in which a worker engages in
Class II or Class III operations or a combination thereof on intact
material for one hour or less (taking into account the entire time
spent on the removal operation, including cleanup) and, while doing so,
adheres fully to the work practices specified in this standard, shall
not be counted.
[FR Doc. 96-21519 Filed 8-22-96; 8:45 am]
BILLING CODE 4510-26-P