[Federal Register Volume 63, Number 124 (Monday, June 29, 1998)]
[Rules and Regulations]
[Pages 35137-35138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17091]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration, Labor
29 CFR Parts 1915 and 1926
RIN 1218-AB25
Occupational Exposure to Asbestos
AGENCY: Occupational Safety and Health Administration, Labor.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document revises the Construction and Shipyard standards
regulating occupational exposure to asbestos to conform the standards
to the Court of Appeals decision in Asbestos Information Association/
North America v. Reich, 117 F. 3d 891 (5th Cir. July 24, 1997). The
Court vacated the construction and shipyard standards insofar as they
regulate asbestos-containing roof cements, mastics and coatings. The
court's decision did not affect the general industry asbestos standard,
and that standard is not being changed.
DATES: Effective on July 24, 1997.
FOR FURTHER INFORMATION CONTACT: John Martonik, Acting Director,
Directorate of Safety Standards Programs, Room N-3605, U.S. Department
of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210;
Telephone (202) 219-8061.
SUPPLEMENTARY INFORMATION:
Background
On August 10, 1994, the Occupational Safety and Health
Administration published final standards (59 FR 40964, 29 CFR
1910.1001, 1915.1001, and 1926.1101), regarding occupational asbestos
exposure. On June 29, 1995, OSHA issued amendments (60 FR 33974, 29 CFR
1915.1001 and 1926.1101) to correct and clarify various provisions of
the construction and shipyard employment standards.
The Asbestos Information Association/North American (AIA/NA)
petitioned for review of the construction and maritime standards'
requirements for work practices, training, and hazard communication for
asphalt roof cements, coatings and mastics which contain asbestos. In
Asbestos Information Association/North America v. Reich, 117 F. 3d 891
(5th Cir. July 24, 1997), the court vacated the standards insofar as
they regulate these materials.
Need for Correction
OSHA is amending sections 1915.1001 and 1926.1101 to conform the
regulations to the court's decision. OSHA is adding a statement to
paragraph (a) in both standards to state that the standard does not
apply to asbestos-containing asphalt roof cements, coatings and
mastics. In paragraph (g)(12) in the maritime standard and in paragraph
(g)(11) of the construction standard covering alternative work
practices, OSHA is deleting references to roofing cements, mastics and
coatings. Section 1910.1001 remains unchanged.
OSHA is required to make these corrections to conform the standard
to the court's decision. Because OSHA has no discretion in the matter,
notice and opportunity for public comment are not necessary.
List of Subjects
29 CFR Part 1915
Asbestos, Hazardous substances, Longshore and harbor workers,
Occupational safety and health, Vessels.
29 CFR Part 1926
Asbestos, Construction industry, Hazardous substances, Occupational
safety and health.
Signed at Washington, D.C., this 22nd day of June, 1998.
Charles N. Jeffress,
Assistant Secretary of Labor for Occupational Safety and Health.
Accordingly, 29 CFR Parts 1915 and 1926 are corrected by making the
following correcting amendments:
PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD
EMPLOYMENT
1. The authority citation for 29 CFR part 1915 is revised 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); Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55 FR 9033), or 6-96 (62 FR 111), as applicable; 29 CFR part 1911.
Section 1915.100 also issued under Section 29, Hazardous Materials
Transportation Uniform Safety Act of 1990 (49 U.S.C. 1801-1819) and 5
U.S.C. 553.
Subpart Z--Toxic and Hazardous Substances
2. In Sec. 1915.1001, add paragraph (a)(8) and revise paragraph
(g)(12) introductory text to read as follows:
Sec. 1915.1001 Asbestos.
(a) Scope and application. * * *
* * * * *
(8) This section does not apply to asbestos-containing asphalt roof
cements, coatings and mastics.
* * * * *
(g) Methods of compliance * * *
* * * * *
(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, an
employer who complies with all provisions of this paragraph (g)(12)
when installing, removing, repairing, or maintaining intact pipeline
asphaltic wrap, or roof 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).
* * * * *
[[Page 35138]]
PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
Subpart Z--Toxic and Hazardous Substances
3. The authority citation for Subpart Z of 29 CFR 1926 is revised
to read as follows:
Authority: Sec. 107, Contract Work Hours and Safety Standards
Act (40 U.S.C. 333); Secs. 4, 6, 8, Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order
Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-
90 (55 FR 9033), or 6-96 (62 FR 111), as applicable; 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. 553.
4. In Sec. 1926.1101, add paragraph (a)(8) and revise paragraph
(g)(11) introductory text to read as follows:
Sec. 1926.1101 Asbestos.
(a) Scope and application. * * *
* * * * *
(8) This section does not apply to asbestos-containing asphalt roof
coatings, cements and mastics.
* * * * *
(g) Methods of compliance * * *
* * * * *
(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 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).
* * * * *
[FR Doc. 98-17091 Filed 6-26-98; 8:45 am]
BILLING CODE 4510-26-U