Keystone Steel and Wire Company; Grant of a Permanent Variance, 62874-62879 [2010-25739]
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Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices
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Department of Justice, a proposed form
of written notification to be provided to
Acquiring Banks for distribution to
Merchants:
a. describing the Rules changes each
made pursuant to this Final Judgment;
and
b. informing Merchants that they are
permitted to engage in any of the
practices enumerated in Sections IV.A.1
through IV.A.8 of this Final Judgment.
Within five business days after
receiving the approval of the
Department of Justice, the Defendant
shall direct its Acquiring Banks to
furnish to each of the Merchants in the
United States with which the Acquiring
Banks have entered an agreement to
accept the Defendant’s General Purpose
Cards as payment for goods or services
(i) a paper or electronic copy of the
approved notification and (ii) a paper or
electronic copy of this Final Judgment
(or an Internet link to this Final
Judgment). MasterCard and Visa shall
direct the Acquiring Banks to provide
such information in their next billing
statement or within thirty days of their
receipt of MasterCard’s or Visa’s
direction, whichever is shorter.
2. Within five business days after
entry of this Final Judgment,
MasterCard and Visa shall each adopt a
Rule forbidding its Acquiring Banks
from adopting, maintaining, or
enforcing Rules with respect to
MasterCard or Visa General Purpose
Cards that the Defendant would be
prohibited from adopting, maintaining,
or enforcing pursuant to Section IV of
this Final Judgment.
F. MasterCard and Visa shall each
notify the Department of Justice and the
Plaintiff States, within five business
days of such adoption or modification,
if it adopts a new Rule that limits or
restrains, or modifies an existing Rule in
a manner that limits or restrains how
Merchants accept, process, promote, or
encourage use of Forms of Payment
other than General Purpose Cards or of
General Purpose Cards bearing the
Brand of another General Purpose Card
Network.
VI. Compliance Inspection
I. For purposes of determining or
securing compliance with this Final
Judgment, or of determining whether
the Final Judgment should be modified
or vacated, and subject to any legally
recognized privilege, from time to time
duly authorized representatives of the
Department of Justice, including
consultants and other persons retained
by the Department of Justice, shall,
upon written request of an authorized
representative of the Assistant Attorney
General in charge of the Antitrust
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Division, and on reasonable notice to
MasterCard or Visa, be permitted:
A. access during the Defendant’s
office hours to inspect and copy, or at
the option of the United States, to
require the Defendant to provide to the
United States and the Plaintiff States
hard copy or electronic copies of, all
books, ledgers, accounts, records, data,
and documents in the possession,
custody, or control of the Defendant,
relating to any matters contained in this
Final Judgment; and
B. to interview, either informally or
on the record, the Defendant’s officers,
employees, or agents, who may have
their individual counsel present,
regarding such matters. The interviews
shall be subject to the reasonable
convenience of the interviewee and
without restraint or interference by the
Defendant.
II. Upon the written request of an
authorized representative of the
Assistant Attorney General in charge of
the Antitrust Division, MasterCard and/
or Visa shall submit written reports or
respond to written interrogatories,
under oath if requested, relating to any
of the matters contained in this Final
Judgment as may be requested. Written
reports authorized under this paragraph
may, at the sole discretion of the United
States, require a Defendant to conduct,
at its cost, an independent audit or
analysis relating to any of the matters
contained in this Final Judgment.
III. No information or documents
obtained by the means provided in this
section shall be divulged by the United
States to any person other than an
authorized representative of (i) the
executive branch of the United States or
(ii) the Plaintiff States, except in the
course of legal proceedings to which the
United States is a party (including grand
jury proceedings), or for the purpose of
securing compliance with this Final
Judgment, or as otherwise required by
law.
IV. If at the time information or
documents are furnished by a Defendant
to the United States and the Plaintiff
States, the Defendant represents and
identifies in writing the material in any
such information or documents to
which a claim of protection may be
asserted under Rule 26(c)(1)(G) of the
Federal Rules of Civil Procedure, and
the Defendant marks each pertinent
page of such material, ‘‘Subject to claim
of protection under Rule 26(c)(1)(G) of
the Federal Rules of Civil Procedure,’’
then the United States and Plaintiff
States shall give the Defendant ten (10)
calendar days notice prior to divulging
such material in any legal proceeding
(other than a grand jury proceeding).
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VII. Retention of Jurisdiction
This Court retains jurisdiction to
enable any party to this Final Judgment
to apply to this Court at any time for
further orders and directions as may be
necessary or appropriate to carry out or
construe this Final Judgment, to modify
any of its provisions, to enforce
compliance, and to punish violations of
its provisions.
VIII. No Limitation on Government
Rights
Nothing in this Final Judgment shall
limit the right of the United States or of
the Plaintiff States to investigate and
bring actions to prevent or restrain
violations of the antitrust laws
concerning any Rule of MasterCard or
Visa, including any current Rule and
any Rule adopted in the future.
IX. Expiration of Final Judgment
Unless this Court grants an extension,
this Final Judgment shall expire ten
years from the date of its entry.
X. Public Interest Determination
Entry of this Final Judgment is in the
public interest. The parties have
complied with the requirements of the
Antitrust Procedures and Penalties Act,
15 U.S.C. 16, including making copies
available to the public of this Final
Judgment, the Competitive Impact
Statement, and any comments thereon
and the United States’ responses to
comments. Based upon the record
before the Court, which includes the
Competitive Impact Statement and any
comments and response to comments
filed with the Court, entry of this Final
Judgment is in the public interest.
Court approval subject to procedures
set forth in the Antitrust Procedures and
Penalties Act, 15 U.S.C. 16.
Date: llllllllllllllllll
lllllllllllllllllllll
United States District Judge
[FR Doc. 2010–25655 Filed 10–12–10; 8:45 am]
BILLING CODE 4410–11–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2010–0011]
Keystone Steel and Wire Company;
Grant of a Permanent Variance
Occupational Safety and Health
Administration (OSHA), Department of
Labor.
ACTION: Notice of a grant of a permanent
variance.
AGENCY:
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Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices
This notice announces the
grant of a permanent variance to
Keystone Steel and Wire Company. The
permanent variance addresses the
provisions that regulate occupational
exposure to lead and arsenic,
specifically paragraph (h)(2)(i) of 29
CFR 1910.1025 and paragraph (k)(2) of
29 CFR 1910.1018. These provisions
prohibit the use of compressed air to
clean floors and other surfaces where
lead and arsenic particulates
accumulate. As an alternative to
complying with these provisions,
Keystone Steel and Wire Company may
instead comply with the conditions
listed in this grant; these alternative
conditions regulate the use of
compressed air in combination with a
vacuum-containment system to remove
particulates containing lead and arsenic
from inside crane-motor housings
during periodic maintenance
operations. Accordingly, OSHA finds
that these alternative conditions protect
workers at least as well as the
requirements specified by 29 CFR
1910.1025(h)(2)(i) and 29 CFR
1910.1018(k)(2). This permanent
variance applies only in Federal OSHA
enforcement jurisdictions.
DATES: The effective date of the
permanent variance is October 13, 2010.
FOR FURTHER INFORMATION CONTACT:
General information and press inquiries.
For general information and press
inquiries about this notice, contact
MaryAnn Garrahan, Acting Director,
OSHA Office of Communications, Room
N–3647, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone: (202) 693–1999.
Technical information. For technical
information about this notice, contact
Stefan Weisz, Office of Technical
Programs and Coordination Activities,
Room N–3655, OSHA, U.S. Department
of Labor, 200 Constitution Avenue,
NW., Washington, DC 20210; telephone:
(202) 693–2110; fax: (202) 693–1644.
Copies of this Federal Register
notice. Electronic copies of this notice
are available at https://
www.regulations.gov. Electronic copies
of this notice, as well as news releases
and other relevant information, are
available on OSHA’s Web site at
https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Background
Keystone Steel and Wire Company
(hereafter, ‘‘KSW’’), 7000 S. Adams
Street, Peoria, IL 61641,1 submitted an
application for a permanent variance
1 This
address also is the place of employment
described in the application.
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under Section 6(d) of the Occupational
Safety and Health Act of 1970 (‘‘OSH
Act’’; 29 U.S.C. 655) and 29 CFR 1905.11
(‘‘Variances and other relief under
section 6(d)’’) for a permanent variance,
and for an interim order pending a
decision on the application for a
variance, from the safety standards
prescribed in 29 CFR 1910.1025(h)(2)(i)
and 29 CFR 1910.1018(k)(2). The
Agency published KSW’s variance
application and a grant for an interim
order in the Federal Register on July 1,
2010 (75 FR 38130).
KSW operates a melt shop where it
processes scrap steel into a molten state.
The equipment used to accomplish the
melting process consists of: an electricarc furnace, which uses an electric arc
generated from electrodes to melt the
scrap steel; and a ladle metallurgy
furnace, which uses electrodes to
maintain the molten steel at a constant
temperature to produce the proper
consistency of steel. The melting
process requires the use of two overhead
cranes to haul the scrap to the furnaces,
and to transport the molten steel for
further processing. Ten large, directcurrent electric motors power each
crane.
During the melting process, fugitive
emissions containing trace amounts of
lead and arsenic accumulate inside the
motor housings of the overhead cranes.2
To prevent electric arcing, KSW must
remove the accumulated particulates
from inside the crane-motor housings.
To accomplish this task, KSW uses
compressed air supplemented by a
vacuum-containment system.
As an alternative to complying with
the housekeeping requirements
specified by 29 CFR 1910.1025(h)(2)(i)
and 29 CFR 1910.1018(k)(2), KSW
proposed to adopt an alternative means
of compliance that consists, in part, of
a compressed-air vacuum-containment
(CAVC) system mounted on a truck. A
worker begins the crane-motor cleaning
operation by inserting the nozzle of the
compressed-air gun into an opening in
the housing, then triggers the
compressed air. The vacuumcontainment system, which the worker
activates prior to beginning the motorcleaning operation, generates exhaust
airflow inside the crane-motor housing.
The vacuum, delivered through a hose,
has an exhaust volume of 5,000 cubic
feet per minute, and collects the lead
and arsenic particulates that the worker
removes with compressed air from the
interior components of the crane motor.
The system then deposits the
2 The facility has local exhaust ventilation on the
furnaces, and a canopy hood for the entire melt
shop that captures most of the fugitive emissions.
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particulates in a hopper, also mounted
on the truck.
KSW designed a flanged end that fits
over an opening in a housing that covers
each crane motor. The vacuum hose is
connected to, and is supported by, this
flange. Thus, the combination of the
housing, flanged end, compressed air,
and the vacuum-containment system
captures most of the fugitive
particulates released during the motorcleaning operation, thereby reducing
worker exposure to airborne lead and
arsenic.
In support of its variance application,
KSW submitted the following data and
information demonstrating the
effectiveness of the alternative means of
compliance:
1. KSW administered several rounds
of personal-exposure monitoring to
workers who used compressed air while
cleaning the crane motors. The results
for the last two rounds of sampling for
both lead and arsenic were below the
action levels for these substances.
2. KSW performed several rounds of
medical surveillance, including
biological monitoring for blood lead and
zinc protoporphyrin concentrations, on
workers who cleaned crane motors.
Blood-lead monitoring results were well
below the allowable concentration of
40 μg lead/100 g whole blood.
3. KSW developed and implemented
a Respiratory Protection Program
designed to meet the requirements
specified by 29 CFR 1910.134, 29 CFR
1910.1025(f), and 29 CFR 1910.1018(h).
4. KSW developed and implemented
an Arsenic, Lead, & Cadmium Control
Program to meet the requirements
specified by 29 CFR 1910.1018, 29 CFR
1910.1025, and 29 CFR 1910.1027,
respectively.
5. KSW developed and implemented
a Safe Job Procedure incorporating key
elements of a job-hazard analysis. This
document provides affected workers
with a description of the steps required
to complete the cleaning task, and the
hazards associated with, and control
methods used for, each of these steps
(e.g., using vacuum exhaust in
conjunction with compressed air, the
type of protective clothing and other
PPE to wear).
6. KSW developed and implemented
a program to instruct affected workers
about the hazards associated with
performing motor-cleaning operations,
and the hazard controls used while
performing these operations.
In addition to the CACV, KSW
proposed to include the following
conditions in its alternative means of
compliance:
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Engineering Controls and Related
Conditions
1. Implement engineering controls
(i.e., a compressed-air vacuumcontainment (CAVC) system) that
maintain negative pressure inside the
housing enclosing each crane motor
when using compressed air to clean
crane motors; this condition ensures
that the exhaust airflow leaving the
enclosure exceeds the inflow of
compressed air by maintaining the
volume of compressed air below 5,000
cubic feet per minute. This condition
effectively prevents escape of lead and
arsenic particulates from the cranemotor housing.
2. To prevent the spread and
recirculation of captured lead and
arsenic particulates from the vacuum
truck, ensure that: (a) The exhaust air in
the CVAC system passes through a highefficiency particulate air (HEPA)
filtration system prior to discharge; and
(b) this filtered exhaust does not reenter
the work areas inside the plant.
3. Ensure the continued effectiveness
of the alternative means of compliance
by: (a) Performing a pre-use or yearly
inspection (whichever occurs more
frequently) of all equipment and
components used in the cleaning
operations; 3 (b) documenting such
inspections using a checklist; (c)
replacing or repairing all defective parts
and components; and (d) maintaining
records of inspections and corrective
actions. This condition ensures that the
equipment performs continuously at
optimum effectiveness, thereby
minimizing release of lead and arsenic
particulates into the ambient
atmosphere during the crane motorcleaning operation.
4. Before implementing revisions to
the motor-cleaning process, modify the
Safe Job Procedure accordingly, and
inform affected workers of the
modifications. This condition promptly
informs and updates workers
performing the crane motor-cleaning
operation of revisions to work
procedures and safety practices, thereby
reducing the possibility that they could
compromise the effectiveness of the
CACV system and other protective
measures.
Exposure Monitoring
5. Perform personal-exposure
monitoring (i.e., Breathing-zone
3 Examples of the equipment or components
listed on the checklist include: air compressors;
pressure regulators; gages; compressed-air hoses;
nozzle-pressure reducer; crane-motor enclosures;
flanges; vacuum-system operations, including the
HEPA filtration system and replacement of used
filters; vacuum hoses; and electric outlets and
extension cords used during the cleaning process.
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sampling) of the workers for lead and
arsenic particulates during the entire
period they use compressed air to clean
crane motors. For multiple crane motorcleaning operations during the same
maintenance cycle, perform such
monitoring on at least two operations
that are representative of exposures for
all affected workers performing cleaning
operations during the cycle. This
condition allows KSW to monitor
worker exposure to lead and arsenic
particulates outside the crane-motor
housing during the cleaning operation.
KSW would use these monitoring
results to determine the effectiveness of
the CACV system, and to take corrective
action if exposures are at or above the
action levels for lead or arsenic.
6. Conduct breathing-zone sampling
of affected workers for the entire work
day (full shift) on days when workers
use compressed air to clean crane
motors. The full-shift sampling must
include a separate sampling for the
crane motor-cleaning operation, and a
separate sampling for the portion of the
shift that does not involve motor
cleaning. This condition would assist
KSW in identifying the source of
elevated exposures (i.e., at or above the
action level) that occur during the shift
so that it can correct or implement
appropriate exposure-control measures
to reduce worker exposures below the
action levels for lead and arsenic.
7. Ensure that results for the two most
recent rounds of full-shift sampling
remain below the action levels for
arsenic and lead. This condition ensures
that KSW can maintain worker exposure
levels below the action levels for lead
and arsenic, thereby providing them
with a safe and healthful workplace.
8. Submit the breathing-zone samples
for lead and arsenic particulates to an
analytical laboratory that meets and
complies with the certification criteria
of the American Industrial Hygiene
Association’s Industrial Hygiene
Proficiency Analytical Testing Program.
This condition provides assurance that
the laboratory is performing the testing
of breathing-zone samples in accordance
with recognized analytical standards to
maintain the accuracy, reliability, and
reproducibility of the sampling results.
Accurate, reliable, and reproducible
sampling results ensure that worker
exposure determinations are valid.
Biological Monitoring
9. Within 30 calendar days after
workers perform a motor-cleaning
operation, conduct biological
monitoring for blood-lead and zincprotoporphyrin concentrations on every
worker involved in that motor-cleaning
operation. Blood-lead sample analysis
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must be performed by a laboratory
licensed by the U.S. Centers for Disease
Control and Prevention (CDC), or a
laboratory that obtained a satisfactory
grade in blood-lead proficiency testing
from CDC within the prior 12 months
and has an accuracy (to a confidence
level of 95 percent) within ±15 percent
or 6 μg/100 ml, whichever is greater.
This condition provides information (in
addition to exposure monitoring)
regarding worker exposure to lead
particulates while involved in the crane
motor-cleaning operation, and
demonstrates the effectiveness of the
alternative means of compliance. This
condition also provides assurance that
the laboratory is performing the analysis
of blood-lead samples in accordance
with recognized analytical standards to
maintain the accuracy, reliability, and
reproducibility of the sampling results.
10. Ensure that blood-lead results
remain at or below 40 μg lead/100 g
whole blood. This condition
supplements other conditions in
providing information on the
effectiveness of the alternative means of
compliance, in addition to signaling the
need to remove affected workers from
the crane motor-cleaning operations in
accordance with 29 CFR 1910.1025(k)
should the blood-lead results exceed 40
μg lead/100 g whole blood.
11. Whenever KSW assigns a new
worker to perform the crane motorcleaning operation, conduct biological
monitoring of the worker prior to the
worker beginning the cleaning
operation. This condition establishes a
baseline blood-lead level against which
to compare subsequent biological
samples and, thereby, assess the
effectiveness of the alternative means of
compliance.
12. KSW will not assign any worker
to the crane motor-cleaning operation
who declines to undergo the biologicalmonitoring procedures. This condition
prevents worker exposure to the motorcleaning operation without the benefit
of biological monitoring to assess overexposure to lead particulates.
Notifications
13. Provide written notification to
affected workers of the results of their
individual personal-exposure and
biological-monitoring results in
accordance with the requirements of the
arsenic and lead standards (29 CFR
1910.1018(e)(5), 29 CFR
1910.1018(n)(6)(iii), 29 CFR
1910.1025(d)(8) and 29 CFR
1910.1025(j)(3)(v)(A)(4)) within 15
working days from receipt of the results.
The information provided to the
affected workers will enable them to
assess the effectiveness of the
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alternative means of compliance, i.e.,
the adequacy of existing controls or the
need for additional controls.
14. Whenever (a) personal-exposure
monitoring results are at or above the
action levels for lead (30 μg/m3) or
arsenic (5 μg/m3), or (b) blood-lead
monitoring results are above 20 μg lead/
100 g whole blood, provide these results
to OSHA’s Peoria, IL, Area Office,
OSHA’s Chicago, IL, Regional Office,
and OSHA’s Office of Technical
Programs and Coordination Activities
within 15 working days of receiving the
results, along with a written plan
describing how KSW will reduce
exposure levels or blood-lead levels.
This condition will ensure that OSHA
remains informed regarding the
effectiveness of the alternative means of
compliance, and will provide OSHA
with an opportunity to assess KSW’s
plan to reduce exposures to lead and
arsenic below the action levels for these
substances. Under this condition, OSHA
also can evaluate KSW’s progress in
restoring the effectiveness of the
alternative means of compliance, and, if
necessary, revise the conditions or
revoke the variance should KSW not
attain exposure levels below the action
levels in a timely manner.
15. At least 15 calendar days prior to
commencing any operation that
involves using compressed air to clean
crane motors, inform OSHA’s Peoria, IL,
Area Office and OSHA’s Chicago, IL,
Regional Office of the date and time the
operation will commence. This
condition provides OSHA with an
opportunity to conduct on-site
assessments of KSW’s compliance with
the conditions of the variance, and to
ascertain directly the effectiveness of
the alternative means of compliance.
16. Notify in writing OSHA’s Office of
Technical Programs and Coordination
Activities as soon as KSW knows that it
will: (a) Cease to do business; or (b)
transfer the activities covered by the
variance to a successor company. This
condition allows OSHA to determine
whether to revoke the variance or
transfer the variance to the successor
company.
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Training
17. Implement the worker-training
programs described in 29 CFR
1910.1018(o) and 29 CFR 1910.1025(l),
including: (a) Initial training of new
workers prior to their beginning a crane
motor-cleaning operation; (b) yearly
refresher training of all other workers
involved in crane motor-cleaning
operations; (c) documentation of this
training; and (d) maintenance of the
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training records.4 This condition
ensures that workers are knowledgeable
regarding the hazards and
corresponding hazard-control measures
KSW implements to prevent worker
exposure to harmful levels of airborne
lead and arsenic particulates while
engaged in the crane motor-cleaning.
Training also provides workers with
information necessary for them to assess
KSW’s compliance with the conditions
of the variance and the effectiveness of
the alternative means of compliance.
longer period,7 and make these records
available to OSHA, affected workers,
and worker representatives on request.
This condition allows OSHA, KSW
managers, workers, and worker
representatives to assess the
effectiveness of the alternative means of
compliance over an extended period,
and provides baseline measurements
against which to evaluate the
effectiveness of subsequent revisions
made to the alternative means of
compliance.
Miscellaneous Program Conditions
II. Variance From 29 CFR
1910.1025(h)(2)(i) and 29 CFR
1910.1018(k)(2)
KSW seeks a permanent variance from
the provisions of the OSHA standards
that regulate occupational exposure to
lead and arsenic, specifically paragraph
(h)(2)(i) of 29 CFR 1910.1025 and
paragraph (k)(2) of 29 CFR 1910.1018.
These paragraphs prohibit use of
compressed air to clean floors and other
surfaces where lead and arsenic
particulates accumulate. These
paragraphs specify the following
requirements:
18. Implement the: (a) Respiratory
Protection Program that meets 5 the
requirements specified by 29 CFR
1910.134, 29 CFR 1910.1025(f), and 29
CFR 1910.1018(h); (b) provisions of
KSW’s Arsenic, Lead, & Cadmium
Control Program; and (c) provisions of
the Safe Job Procedure. This condition
ensures that KSW will implement the
programs and associated safe-work
practices that prevent worker exposure
to harmful levels of airborne lead and
arsenic particulates while engaged in
crane motor-cleaning operations, which
are necessary for the continued
effectiveness of the alternative means of
compliance.
Monitoring Work Practices
19. Ensure that supervisors observe
and enforce applicable safe-work
practices 6 while workers are cleaning
crane motors, document these
supervisor observations and
enforcement activities, and maintain
these records. This condition ensures
that affected workers implement the
required safe-work practices during
crane-motors cleaning operations. This
condition will permit OSHA, KSW
managers, workers, and worker
representatives to assess compliance
with the conditions of the variance and,
therefore, determine the effectiveness of
the alternative means of compliance.
Record Retention and Availability
20. Retain any records generated
under these conditions for a minimum
period of five years, unless an
applicable OSHA standard specifies a
4 As described by KSW’s Arsenic, Lead, &
Cadmium Control Program (see Exhibit 19).
5 The term ‘‘meets’’ means that the Respiratory
Protection Program must meet the requirements of
29 CFR 1910.134 and 29 CFR 1910.1025(f), not that
OSHA determined that the program meets these
requirements.
6 Examples of safe-work practices include use of
personal-protective equipment (including
respirators, gloves, protective clothing) as defined
by (a) KSW’s Respiratory Protection Program; (b)
provisions of KSW’s Arsenic, Lead, & Cadmium
Control Program; and (c) provisions of KSW’s Safe
Job Procedure.
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29 CFR 1910.1025(h)(2)(i): Floors and other
surfaces where lead accumulates may not be
cleaned by the use of compressed air.
29 CFR 1910.1018(k)(2): Cleaning floors.
Floors and other accessible surfaces
contaminated with inorganic arsenic may not
be cleaned by the use of compressed air, and
shoveling and brushing may be used only
where vacuuming or other relevant methods
have been tried and found not to be effective.
As an alternative to complying with
housekeeping requirements as specified
by 29 CFR 1910.1025(h)(2)(i) and 29
CFR 1910.1018(k)(2), KSW proposed to
use compressed air supplemented by a
vacuum-containment system discussed
in section I (‘‘Background’’) of this notice
to perform cleaning of crane-motor
housings. KSW asserted that use of the
proposed compressed air supplemented
by a vacuum-containment system
protected its workers as least as
effectively as the housekeeping
requirements of 29 CFR
1910.1025(h)(2)(i) and 29 CFR
1910.1018(k)(2).
III. Comments on the Variance
Application
The Federal Register notice (75 FR
38130) invited interested parties,
including KSW and affected employees,
to submit written data, views, and
arguments regarding the grant or denial
of the variance application submitted by
7 For example, § 1910.1025(n)(1)(iii) and (n)(2)(iv)
require employers to retain lead exposuremonitoring records and medical records for at least
40 years or for the duration of employment plus 20
years, whichever is longer.
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mstockstill on DSKH9S0YB1PROD with NOTICES
KSW. In addition, the Federal Register
notice notified KSW and affected
employees of their right to request a
hearing on the application for a
variance. OSHA received no comments
on the variance application, nor did it
receive any requests for a hearing.
IV. Decision
Keystone Steel and Wire Company
seeks a permanent variance from the
provisions of the OSHA standards that
regulate occupational exposure to lead
and arsenic, specifically paragraph
(h)(2)(i) of 29 CFR 1910.1025 and
paragraph (k)(2) of 29 CFR 1910.1018.
These paragraphs prohibit use of
compressed air to clean floors and other
surfaces where lead and arsenic
particulates accumulate. Paragraph
(h)(2)(i) of 29 CFR 1910.1025 states that
employers cannot use compressed air to
clean floors and other surfaces where
lead accumulates, while paragraph
(k)(2) of 29 CFR 1910.1018 prohibits
employers from using compressed air to
clean floors and other accessible
surfaces contaminated with inorganic
arsenic, and permits the use of
shoveling and brushing for this purpose
only after employers try vacuuming or
other relevant methods and find these
methods to be ineffective.
As an alternative to complying with
the housekeeping requirements
specified by 29 CFR 1910.1025(h)(2)(i)
and 29 CFR 1910.1018(k)(2), KSW
proposed to adopt an alternative means
of compliance that consists, in part, of
a compressed-air vacuum-containment
system mounted on a truck. A worker
begins the crane-motor cleaning
operation by inserting the nozzle of the
compressed-air gun into an opening in
the housing, then triggers the
compressed air. The vacuumcontainment system, which the worker
activates prior to beginning the motorcleaning operation, generates exhaust
airflow inside the crane-motor housing.
The vacuum, delivered through a hose,
has an exhaust volume of 5,000 cubic
feet per minute, and collects the lead
and arsenic particulates that the worker
removes with compressed air from the
interior components of the crane motor.
The system then deposits the
particulates in a hopper, also mounted
on the truck.
KSW designed a flanged end that fits
over an opening in a housing that covers
each crane motor. The vacuum hose is
connected to, and is supported by, this
flange. Thus, the combination of the
housing, flanged end, compressed air,
and the vacuum-containment system
captures most of the fugitive
particulates released during the motorcleaning operation, thereby reducing
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17:22 Oct 12, 2010
Jkt 223001
worker exposure to airborne lead and
arsenic.
Under Section 6(d) of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 655), and based on the
record discussed above, the Agency
finds that when KSW complies with the
conditions of the following order, the
working conditions of the KSW’s
workers will be at least as safe and
healthful as if KSW complied with the
working conditions specified by
paragraphs (h)(2)(i) of 29 CFR 1910.1025
and (k)(2) of 29 CFR 1910.1018. This
decision is applicable in all States under
Federal OSHA enforcement jurisdiction.
V. Order
OSHA issues this order authorizing
the Keystone Steel and Wire Company
(hereafter, ‘‘the employer’’) to comply
with the following conditions instead of
complying with paragraphs (h)(2)(i) of
29 CFR 1910.1025 and (k)(2) of 29 CFR
1910.1018. This order applies only in
Federal OSHA enforcement
jurisdictions, and does not permit the
employer to vary compliance with any
other provisions of 29 CFR 1910.1025
and 29 CFR 1910.1018.
1. Scope of the Permanent Variance
This permanent variance applies only
at the employer’s melt shop when using
compressed air to clean crane motors
during maintenance operations.
2. Engineering and Related Conditions
(a) The employer must:
(1) Use engineering controls (i.e., a
compressed-air vacuum-containment
(CAVC) system) that maintain negative
pressure inside the housing enclosing
each crane motor when using
compressed air to clean crane motors,
and ensure that the vacuum-exhaust
airflow leaving the enclosure exceeds
the inflow of compressed air by
maintaining the volume of compressed
air below 5,000 cubic feet per minute.
(b) Ensure that the:
(1) Exhaust air in the CAVC system
passes through a high-efficiency
particulate air (HEPA) filtration system
prior to discharge; and
(2) Filtered exhaust does not reenter
the work areas inside the plant.
(c) Ensure the continued effectiveness
of the alternative means of compliance
by:
(1) Performing a pre-use or yearly
inspection (whichever occurs more
frequently) of all equipment and
components used in the cleaning
operations; 8
8 Examples of the equipment or components
listed on the checklist include: air compressors;
pressure regulators; gages; compressed-air hoses;
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
(2) Documenting such inspections
using a checklist;
(3) Replacing or repairing all defective
parts and components; and
(4) Maintaining records of inspections
and corrective actions.
(d) Before implementing revisions to
the motor-cleaning process, modify the
Safe Job Procedure accordingly, and
inform affected workers of the
modifications.
3. Exposure Monitoring
The employer must:
(a) Perform personal-exposure
monitoring (i.e., breathing-zone
sampling) of the workers for lead and
arsenic particulates during the entire
period they use compressed air to clean
crane motors. For multiple crane motorcleaning operations during the same
maintenance cycle, perform such
monitoring on at least two operations
that are representative of exposures for
all affected workers performing cleaning
operations during the cycle.
(b) Conduct breathing-zone sampling
of affected workers for the entire work
day (full shift) on days when workers
use compressed air to clean crane
motors. The full-shift sampling must
include separate sampling during the
crane motor-cleaning operation, and a
separate sampling for the portion of the
shift that does not involve motor
cleaning.
(c) Ensure that results for the two
most recent rounds of full-shift
sampling remain below the action level
for arsenic and lead.
(d) Submit the breathing-zone
samples for lead and arsenic
particulates to an analytical laboratory
that complies with the certification
criteria of the American Industrial
Hygiene Association’s Industrial
Hygiene Proficiency Analytical Testing
Program.
4. Biological Monitoring
The employer must:
(a) Within 30 calendar days after
workers perform a motor-cleaning
operation, conduct biological
monitoring for blood-lead and zincprotoporphyrin concentrations on every
worker involved in that motor-cleaning
operation. Blood-lead sample analysis
must be performed by a laboratory
licensed by the U.S. Centers for Disease
Control and Prevention (CDC), or a
laboratory that obtained a satisfactory
grade in blood-lead proficiency testing
from CDC within the prior 12 months
nozzle-pressure reducer; crane-motor enclosures;
flanges; vacuum-system operations, including the
HEPA filtration system and replacement of used
filters; vacuum hoses; and electric outlets and
extension cords used during the cleaning process.
E:\FR\FM\13OCN1.SGM
13OCN1
Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices
and has an accuracy (to a confidence
level of 95 percent) within ±15 percent
or 6 μg/100 ml, whichever is greater.
(b) Ensure that blood-lead results
remain at or below 40 μg lead/100 g
whole blood.
(c) Whenever the employer assigns a
new worker to perform the crane motorcleaning operation, conduct biological
monitoring of the worker prior to the
worker beginning the cleaning
operation.
(d) Not assign any worker to the crane
motor-cleaning operation who declines
to undergo the biological-monitoring
procedures.
5. Notifications
mstockstill on DSKH9S0YB1PROD with NOTICES
(a) The employer must:
(1) Provide written notification to
affected workers of the results of their
individual personal-exposure and
biological-monitoring results in
accordance with the requirements of the
arsenic and lead standards (29 CFR
1910.1018(e)(5), 29 CFR
1910.1018(n)(6)(iii), 29 CFR
1910.1025(d)(8), and 29 CFR
1910.1025(j)(3)(v)(A)(4)) within 15
working days from receipt of the results.
(2) Whenever personal-exposure
monitoring results are at or above the
action levels for lead (30 μg/m3) or
arsenic (5 μg/m3), or blood-lead
monitoring results are above 20 μg lead/
100 g whole blood, provide these results
to OSHA’s Peoria, IL, Area Office,
OSHA’s Chicago, IL, Regional Office,
and OSHA’s Office of Technical
Programs and Coordination Activities
within 15 working days of receiving the
results, along with a written plan
describing how the employer will
reduce exposure levels or blood-lead
levels.
(3) At least 15 calendar days prior to
commencing any operation that
involves using compressed air to clean
crane motors, inform OSHA’s Peoria, IL,
Area Office and OSHA’s Chicago, IL,
Regional Office of the date and time the
operation will commence.
(b) Notify in writing OSHA’s Office of
Technical Programs and Coordination
Activities as soon as the employer
knows that it will:
(1) Cease to do business; or
(2) Transfer the activities covered by
this grant to a successor company.
6. Training
The employer must implement the
worker-training programs described in
29 CFR 1910.1018(o) and 29 CFR
1910.1025(l), including:
(a) Initial training of new workers
prior to their beginning a crane motorcleaning operation;
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17:22 Oct 12, 2010
Jkt 223001
(b) Yearly refresher training of all
other workers involved in crane motorcleaning operations;
(c) Documentation of this training;
and
(d) Maintenance of the training
records.9
62879
Signed in Washington, DC, on October 7,
2010.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2010–25739 Filed 10–12–10; 8:45 am]
BILLING CODE 4510–26–P
7. Miscellaneous Program Conditions
The employer must implement the:
(a) Respiratory Protection Program
that meets the requirements specified by
29 CFR 1910.134, and 29 CFR
1910.1025(f), and 29 CFR 1910.1018(h);
(b) Provisions of the employer’s
Arsenic, Lead, & Cadmium Control
Program; and
(c) Provisions of the Safe Job
Procedure.
8. Monitoring Work Practices
The employer must ensure that
supervisors:
(a) Observe and enforce applicable
safe-work practices 10 while workers are
cleaning crane motors;
(b) Document these supervisor
observations and enforcement activities;
and
(c) Maintain these records.
9. Record Retention and Availability
The employer must:
(a) Retain any records generated
under the conditions specified in this
grant for a minimum period of five
years, unless an applicable OSHA
standard specifies a longer period; 11
and
(b) Make these records available to
OSHA, affected workers, and worker
representatives on request.
VI. Authority and Signature
David Michaels, PhD, MPH, Assistant
Secretary of Labor for Occupational
Safety and Health, U.S. Department of
Labor, 200 Constitution Ave., NW.,
Washington, DC, directed the
preparation of this notice. OSHA is
issuing this notice under the authority
specified by Section 6(d) of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 655), Secretary of
Labor’s Order No. 4–2010 (75 FR
55355), and 29 CFR part 1905.
9 As described by KSW’s Arsenic, Lead, &
Cadmium Control Program.
10 Examples of safe-work practices include use of
personal-protective equipment (including
respirators, gloves, protective clothing) as defined
by (a) KSW’s Respiratory Protection Program; (b)
provisions of KSW’s Arsenic, Lead, & Cadmium
Control Program; and (c) provisions of KSW’s Safe
Job Procedure.
11 For example, § 1910.1025(n)(1)(iii) and
(n)(2)(iv) require employers to retain lead exposuremonitoring records and medical records for at least
40 years or for the duration of employment plus 20
years, whichever is longer.
PO 00000
Frm 00125
Fmt 4703
Sfmt 4703
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
[Prohibited Transaction Exemption No.
2010–30; Application No. L–11568]
Individual Exemption Involving
General Motors Company, General
Motors Holdings LLC, and General
Motors LLC, Located in Detroit, MI
Employee Benefits Security
Administration, U.S. Department of
Labor.
ACTION: Grant of individual exemption.
AGENCY:
This document contains an
exemption from certain prohibited
transaction restrictions of the Employee
Retirement Income Security Act of 1974
(the Act or ERISA). The transactions
involve the UAW GM Retiree Medical
Benefits Plan (the New UAW-GM
Retirees Plan) and its associated UAW
Retiree Medical Benefits Trust (the
VEBA Trust) (collectively the New
Plan).1 The exemption will affect the
New Plan, and its participants and
beneficiaries.
DATES: Effective Date: This exemption is
effective as of July 10, 2009.
SUPPLEMENTARY INFORMATION: On
September 18, 2009, the Department
published in the Federal Register a
notice of proposed individual
exemption from the restrictions of
sections 406(a)(1)(A), 406(a)(1)(B),
406(a)(1)(D), 406(a)(1)(E), 406(a)(2),
406(b)(1), 406(b)(2), and 407(a) of ERISA
(the Notice).2 The proposed exemption
was requested in an application filed by
General Motors Corporation (Old GM)
pursuant to section 408(a) of ERISA and
in accordance with the procedures set
forth in 29 CFR 2570, Subpart B (55 FR
32836, August 10, 1990). Subsequent to
the submission of its application, Old
SUMMARY:
1 In the notice of proposed exemption published
with respect to the exemption granted herein (74 FR
47963, September 18, 2009), the Department
referred to UAW GM Retiree Medical Benefits Plan
as ‘‘the New GM VEBA Plan’’ and collectively
referred to the New GM VEBA Plan and the VEBA
Trust as the ‘‘VEBA.’’ At the request of the
Applicant, the Department has substituted the
terms ‘‘the New UAW-GM Retirees Plan’’ and ‘‘the
New Plan,’’ respectively, therefor.
2 74 FR 47963.
E:\FR\FM\13OCN1.SGM
13OCN1
]]>Agencies
[Federal Register Volume 75, Number 197 (Wednesday, October 13, 2010)]
[Notices]
[Pages 62874-62879]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25739]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2010-0011]
Keystone Steel and Wire Company; Grant of a Permanent Variance
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Notice of a grant of a permanent variance.
-----------------------------------------------------------------------
[[Page 62875]]
SUMMARY: This notice announces the grant of a permanent variance to
Keystone Steel and Wire Company. The permanent variance addresses the
provisions that regulate occupational exposure to lead and arsenic,
specifically paragraph (h)(2)(i) of 29 CFR 1910.1025 and paragraph
(k)(2) of 29 CFR 1910.1018. These provisions prohibit the use of
compressed air to clean floors and other surfaces where lead and
arsenic particulates accumulate. As an alternative to complying with
these provisions, Keystone Steel and Wire Company may instead comply
with the conditions listed in this grant; these alternative conditions
regulate the use of compressed air in combination with a vacuum-
containment system to remove particulates containing lead and arsenic
from inside crane-motor housings during periodic maintenance
operations. Accordingly, OSHA finds that these alternative conditions
protect workers at least as well as the requirements specified by 29
CFR 1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2). This permanent
variance applies only in Federal OSHA enforcement jurisdictions.
DATES: The effective date of the permanent variance is October 13,
2010.
FOR FURTHER INFORMATION CONTACT: General information and press
inquiries. For general information and press inquiries about this
notice, contact MaryAnn Garrahan, Acting Director, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone: (202) 693-1999.
Technical information. For technical information about this notice,
contact Stefan Weisz, Office of Technical Programs and Coordination
Activities, Room N-3655, OSHA, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 693-
2110; fax: (202) 693-1644.
Copies of this Federal Register notice. Electronic copies of this
notice are available at https://www.regulations.gov. Electronic copies
of this notice, as well as news releases and other relevant
information, are available on OSHA's Web site at https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Keystone Steel and Wire Company (hereafter, ``KSW''), 7000 S. Adams
Street, Peoria, IL 61641,\1\ submitted an application for a permanent
variance under Section 6(d) of the Occupational Safety and Health Act
of 1970 (``OSH Act''; 29 U.S.C. 655) and 29 CFR 1905.11 (``Variances
and other relief under section 6(d)'') for a permanent variance, and
for an interim order pending a decision on the application for a
variance, from the safety standards prescribed in 29 CFR
1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2). The Agency published
KSW's variance application and a grant for an interim order in the
Federal Register on July 1, 2010 (75 FR 38130).
---------------------------------------------------------------------------
\1\ This address also is the place of employment described in
the application.
---------------------------------------------------------------------------
KSW operates a melt shop where it processes scrap steel into a
molten state. The equipment used to accomplish the melting process
consists of: an electric-arc furnace, which uses an electric arc
generated from electrodes to melt the scrap steel; and a ladle
metallurgy furnace, which uses electrodes to maintain the molten steel
at a constant temperature to produce the proper consistency of steel.
The melting process requires the use of two overhead cranes to haul the
scrap to the furnaces, and to transport the molten steel for further
processing. Ten large, direct-current electric motors power each crane.
During the melting process, fugitive emissions containing trace
amounts of lead and arsenic accumulate inside the motor housings of the
overhead cranes.\2\ To prevent electric arcing, KSW must remove the
accumulated particulates from inside the crane-motor housings. To
accomplish this task, KSW uses compressed air supplemented by a vacuum-
containment system.
---------------------------------------------------------------------------
\2\ The facility has local exhaust ventilation on the furnaces,
and a canopy hood for the entire melt shop that captures most of the
fugitive emissions.
---------------------------------------------------------------------------
As an alternative to complying with the housekeeping requirements
specified by 29 CFR 1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2), KSW
proposed to adopt an alternative means of compliance that consists, in
part, of a compressed-air vacuum-containment (CAVC) system mounted on a
truck. A worker begins the crane-motor cleaning operation by inserting
the nozzle of the compressed-air gun into an opening in the housing,
then triggers the compressed air. The vacuum-containment system, which
the worker activates prior to beginning the motor-cleaning operation,
generates exhaust airflow inside the crane-motor housing. The vacuum,
delivered through a hose, has an exhaust volume of 5,000 cubic feet per
minute, and collects the lead and arsenic particulates that the worker
removes with compressed air from the interior components of the crane
motor. The system then deposits the particulates in a hopper, also
mounted on the truck.
KSW designed a flanged end that fits over an opening in a housing
that covers each crane motor. The vacuum hose is connected to, and is
supported by, this flange. Thus, the combination of the housing,
flanged end, compressed air, and the vacuum-containment system captures
most of the fugitive particulates released during the motor-cleaning
operation, thereby reducing worker exposure to airborne lead and
arsenic.
In support of its variance application, KSW submitted the following
data and information demonstrating the effectiveness of the alternative
means of compliance:
1. KSW administered several rounds of personal-exposure monitoring
to workers who used compressed air while cleaning the crane motors. The
results for the last two rounds of sampling for both lead and arsenic
were below the action levels for these substances.
2. KSW performed several rounds of medical surveillance, including
biological monitoring for blood lead and zinc protoporphyrin
concentrations, on workers who cleaned crane motors. Blood-lead
monitoring results were well below the allowable concentration of 40
[mu]g lead/100 g whole blood.
3. KSW developed and implemented a Respiratory Protection Program
designed to meet the requirements specified by 29 CFR 1910.134, 29 CFR
1910.1025(f), and 29 CFR 1910.1018(h).
4. KSW developed and implemented an Arsenic, Lead, & Cadmium
Control Program to meet the requirements specified by 29 CFR 1910.1018,
29 CFR 1910.1025, and 29 CFR 1910.1027, respectively.
5. KSW developed and implemented a Safe Job Procedure incorporating
key elements of a job-hazard analysis. This document provides affected
workers with a description of the steps required to complete the
cleaning task, and the hazards associated with, and control methods
used for, each of these steps (e.g., using vacuum exhaust in
conjunction with compressed air, the type of protective clothing and
other PPE to wear).
6. KSW developed and implemented a program to instruct affected
workers about the hazards associated with performing motor-cleaning
operations, and the hazard controls used while performing these
operations.
In addition to the CACV, KSW proposed to include the following
conditions in its alternative means of compliance:
[[Page 62876]]
Engineering Controls and Related Conditions
1. Implement engineering controls (i.e., a compressed-air vacuum-
containment (CAVC) system) that maintain negative pressure inside the
housing enclosing each crane motor when using compressed air to clean
crane motors; this condition ensures that the exhaust airflow leaving
the enclosure exceeds the inflow of compressed air by maintaining the
volume of compressed air below 5,000 cubic feet per minute. This
condition effectively prevents escape of lead and arsenic particulates
from the crane-motor housing.
2. To prevent the spread and recirculation of captured lead and
arsenic particulates from the vacuum truck, ensure that: (a) The
exhaust air in the CVAC system passes through a high-efficiency
particulate air (HEPA) filtration system prior to discharge; and (b)
this filtered exhaust does not reenter the work areas inside the plant.
3. Ensure the continued effectiveness of the alternative means of
compliance by: (a) Performing a pre-use or yearly inspection (whichever
occurs more frequently) of all equipment and components used in the
cleaning operations; \3\ (b) documenting such inspections using a
checklist; (c) replacing or repairing all defective parts and
components; and (d) maintaining records of inspections and corrective
actions. This condition ensures that the equipment performs
continuously at optimum effectiveness, thereby minimizing release of
lead and arsenic particulates into the ambient atmosphere during the
crane motor-cleaning operation.
---------------------------------------------------------------------------
\3\ Examples of the equipment or components listed on the
checklist include: air compressors; pressure regulators; gages;
compressed-air hoses; nozzle-pressure reducer; crane-motor
enclosures; flanges; vacuum-system operations, including the HEPA
filtration system and replacement of used filters; vacuum hoses; and
electric outlets and extension cords used during the cleaning
process.
---------------------------------------------------------------------------
4. Before implementing revisions to the motor-cleaning process,
modify the Safe Job Procedure accordingly, and inform affected workers
of the modifications. This condition promptly informs and updates
workers performing the crane motor-cleaning operation of revisions to
work procedures and safety practices, thereby reducing the possibility
that they could compromise the effectiveness of the CACV system and
other protective measures.
Exposure Monitoring
5. Perform personal-exposure monitoring (i.e., Breathing-zone
sampling) of the workers for lead and arsenic particulates during the
entire period they use compressed air to clean crane motors. For
multiple crane motor-cleaning operations during the same maintenance
cycle, perform such monitoring on at least two operations that are
representative of exposures for all affected workers performing
cleaning operations during the cycle. This condition allows KSW to
monitor worker exposure to lead and arsenic particulates outside the
crane-motor housing during the cleaning operation. KSW would use these
monitoring results to determine the effectiveness of the CACV system,
and to take corrective action if exposures are at or above the action
levels for lead or arsenic.
6. Conduct breathing-zone sampling of affected workers for the
entire work day (full shift) on days when workers use compressed air to
clean crane motors. The full-shift sampling must include a separate
sampling for the crane motor-cleaning operation, and a separate
sampling for the portion of the shift that does not involve motor
cleaning. This condition would assist KSW in identifying the source of
elevated exposures (i.e., at or above the action level) that occur
during the shift so that it can correct or implement appropriate
exposure-control measures to reduce worker exposures below the action
levels for lead and arsenic.
7. Ensure that results for the two most recent rounds of full-shift
sampling remain below the action levels for arsenic and lead. This
condition ensures that KSW can maintain worker exposure levels below
the action levels for lead and arsenic, thereby providing them with a
safe and healthful workplace.
8. Submit the breathing-zone samples for lead and arsenic
particulates to an analytical laboratory that meets and complies with
the certification criteria of the American Industrial Hygiene
Association's Industrial Hygiene Proficiency Analytical Testing
Program. This condition provides assurance that the laboratory is
performing the testing of breathing-zone samples in accordance with
recognized analytical standards to maintain the accuracy, reliability,
and reproducibility of the sampling results. Accurate, reliable, and
reproducible sampling results ensure that worker exposure
determinations are valid.
Biological Monitoring
9. Within 30 calendar days after workers perform a motor-cleaning
operation, conduct biological monitoring for blood-lead and zinc-
protoporphyrin concentrations on every worker involved in that motor-
cleaning operation. Blood-lead sample analysis must be performed by a
laboratory licensed by the U.S. Centers for Disease Control and
Prevention (CDC), or a laboratory that obtained a satisfactory grade in
blood-lead proficiency testing from CDC within the prior 12 months and
has an accuracy (to a confidence level of 95 percent) within 15 percent or 6 [mu]g/100 ml, whichever is greater. This
condition provides information (in addition to exposure monitoring)
regarding worker exposure to lead particulates while involved in the
crane motor-cleaning operation, and demonstrates the effectiveness of
the alternative means of compliance. This condition also provides
assurance that the laboratory is performing the analysis of blood-lead
samples in accordance with recognized analytical standards to maintain
the accuracy, reliability, and reproducibility of the sampling results.
10. Ensure that blood-lead results remain at or below 40 [mu]g
lead/100 g whole blood. This condition supplements other conditions in
providing information on the effectiveness of the alternative means of
compliance, in addition to signaling the need to remove affected
workers from the crane motor-cleaning operations in accordance with 29
CFR 1910.1025(k) should the blood-lead results exceed 40 [mu]g lead/100
g whole blood.
11. Whenever KSW assigns a new worker to perform the crane motor-
cleaning operation, conduct biological monitoring of the worker prior
to the worker beginning the cleaning operation. This condition
establishes a baseline blood-lead level against which to compare
subsequent biological samples and, thereby, assess the effectiveness of
the alternative means of compliance.
12. KSW will not assign any worker to the crane motor-cleaning
operation who declines to undergo the biological-monitoring procedures.
This condition prevents worker exposure to the motor-cleaning operation
without the benefit of biological monitoring to assess over-exposure to
lead particulates.
Notifications
13. Provide written notification to affected workers of the results
of their individual personal-exposure and biological-monitoring results
in accordance with the requirements of the arsenic and lead standards
(29 CFR 1910.1018(e)(5), 29 CFR 1910.1018(n)(6)(iii), 29 CFR
1910.1025(d)(8) and 29 CFR 1910.1025(j)(3)(v)(A)(4)) within 15 working
days from receipt of the results. The information provided to the
affected workers will enable them to assess the effectiveness of the
[[Page 62877]]
alternative means of compliance, i.e., the adequacy of existing
controls or the need for additional controls.
14. Whenever (a) personal-exposure monitoring results are at or
above the action levels for lead (30 [mu]g/m\3\) or arsenic (5 [mu]g/
m\3\), or (b) blood-lead monitoring results are above 20 [mu]g lead/100
g whole blood, provide these results to OSHA's Peoria, IL, Area Office,
OSHA's Chicago, IL, Regional Office, and OSHA's Office of Technical
Programs and Coordination Activities within 15 working days of
receiving the results, along with a written plan describing how KSW
will reduce exposure levels or blood-lead levels. This condition will
ensure that OSHA remains informed regarding the effectiveness of the
alternative means of compliance, and will provide OSHA with an
opportunity to assess KSW's plan to reduce exposures to lead and
arsenic below the action levels for these substances. Under this
condition, OSHA also can evaluate KSW's progress in restoring the
effectiveness of the alternative means of compliance, and, if
necessary, revise the conditions or revoke the variance should KSW not
attain exposure levels below the action levels in a timely manner.
15. At least 15 calendar days prior to commencing any operation
that involves using compressed air to clean crane motors, inform OSHA's
Peoria, IL, Area Office and OSHA's Chicago, IL, Regional Office of the
date and time the operation will commence. This condition provides OSHA
with an opportunity to conduct on-site assessments of KSW's compliance
with the conditions of the variance, and to ascertain directly the
effectiveness of the alternative means of compliance.
16. Notify in writing OSHA's Office of Technical Programs and
Coordination Activities as soon as KSW knows that it will: (a) Cease to
do business; or (b) transfer the activities covered by the variance to
a successor company. This condition allows OSHA to determine whether to
revoke the variance or transfer the variance to the successor company.
Training
17. Implement the worker-training programs described in 29 CFR
1910.1018(o) and 29 CFR 1910.1025(l), including: (a) Initial training
of new workers prior to their beginning a crane motor-cleaning
operation; (b) yearly refresher training of all other workers involved
in crane motor-cleaning operations; (c) documentation of this training;
and (d) maintenance of the training records.\4\ This condition ensures
that workers are knowledgeable regarding the hazards and corresponding
hazard-control measures KSW implements to prevent worker exposure to
harmful levels of airborne lead and arsenic particulates while engaged
in the crane motor-cleaning. Training also provides workers with
information necessary for them to assess KSW's compliance with the
conditions of the variance and the effectiveness of the alternative
means of compliance.
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\4\ As described by KSW's Arsenic, Lead, & Cadmium Control
Program (see Exhibit 19).
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Miscellaneous Program Conditions
18. Implement the: (a) Respiratory Protection Program that meets
\5\ the requirements specified by 29 CFR 1910.134, 29 CFR 1910.1025(f),
and 29 CFR 1910.1018(h); (b) provisions of KSW's Arsenic, Lead, &
Cadmium Control Program; and (c) provisions of the Safe Job Procedure.
This condition ensures that KSW will implement the programs and
associated safe-work practices that prevent worker exposure to harmful
levels of airborne lead and arsenic particulates while engaged in crane
motor-cleaning operations, which are necessary for the continued
effectiveness of the alternative means of compliance.
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\5\ The term ``meets'' means that the Respiratory Protection
Program must meet the requirements of 29 CFR 1910.134 and 29 CFR
1910.1025(f), not that OSHA determined that the program meets these
requirements.
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Monitoring Work Practices
19. Ensure that supervisors observe and enforce applicable safe-
work practices \6\ while workers are cleaning crane motors, document
these supervisor observations and enforcement activities, and maintain
these records. This condition ensures that affected workers implement
the required safe-work practices during crane-motors cleaning
operations. This condition will permit OSHA, KSW managers, workers, and
worker representatives to assess compliance with the conditions of the
variance and, therefore, determine the effectiveness of the alternative
means of compliance.
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\6\ Examples of safe-work practices include use of personal-
protective equipment (including respirators, gloves, protective
clothing) as defined by (a) KSW's Respiratory Protection Program;
(b) provisions of KSW's Arsenic, Lead, & Cadmium Control Program;
and (c) provisions of KSW's Safe Job Procedure.
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Record Retention and Availability
20. Retain any records generated under these conditions for a
minimum period of five years, unless an applicable OSHA standard
specifies a longer period,\7\ and make these records available to OSHA,
affected workers, and worker representatives on request. This condition
allows OSHA, KSW managers, workers, and worker representatives to
assess the effectiveness of the alternative means of compliance over an
extended period, and provides baseline measurements against which to
evaluate the effectiveness of subsequent revisions made to the
alternative means of compliance.
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\7\ For example, Sec. 1910.1025(n)(1)(iii) and (n)(2)(iv)
require employers to retain lead exposure-monitoring records and
medical records for at least 40 years or for the duration of
employment plus 20 years, whichever is longer.
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II. Variance From 29 CFR 1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2)
KSW seeks a permanent variance from the provisions of the OSHA
standards that regulate occupational exposure to lead and arsenic,
specifically paragraph (h)(2)(i) of 29 CFR 1910.1025 and paragraph
(k)(2) of 29 CFR 1910.1018. These paragraphs prohibit use of compressed
air to clean floors and other surfaces where lead and arsenic
particulates accumulate. These paragraphs specify the following
requirements:
29 CFR 1910.1025(h)(2)(i): Floors and other surfaces where lead
accumulates may not be cleaned by the use of compressed air.
29 CFR 1910.1018(k)(2): Cleaning floors. Floors and other
accessible surfaces contaminated with inorganic arsenic may not be
cleaned by the use of compressed air, and shoveling and brushing may
be used only where vacuuming or other relevant methods have been
tried and found not to be effective.
As an alternative to complying with housekeeping requirements as
specified by 29 CFR 1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2), KSW
proposed to use compressed air supplemented by a vacuum-containment
system discussed in section I (``Background'') of this notice to
perform cleaning of crane-motor housings. KSW asserted that use of the
proposed compressed air supplemented by a vacuum-containment system
protected its workers as least as effectively as the housekeeping
requirements of 29 CFR 1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2).
III. Comments on the Variance Application
The Federal Register notice (75 FR 38130) invited interested
parties, including KSW and affected employees, to submit written data,
views, and arguments regarding the grant or denial of the variance
application submitted by
[[Page 62878]]
KSW. In addition, the Federal Register notice notified KSW and affected
employees of their right to request a hearing on the application for a
variance. OSHA received no comments on the variance application, nor
did it receive any requests for a hearing.
IV. Decision
Keystone Steel and Wire Company seeks a permanent variance from the
provisions of the OSHA standards that regulate occupational exposure to
lead and arsenic, specifically paragraph (h)(2)(i) of 29 CFR 1910.1025
and paragraph (k)(2) of 29 CFR 1910.1018. These paragraphs prohibit use
of compressed air to clean floors and other surfaces where lead and
arsenic particulates accumulate. Paragraph (h)(2)(i) of 29 CFR
1910.1025 states that employers cannot use compressed air to clean
floors and other surfaces where lead accumulates, while paragraph
(k)(2) of 29 CFR 1910.1018 prohibits employers from using compressed
air to clean floors and other accessible surfaces contaminated with
inorganic arsenic, and permits the use of shoveling and brushing for
this purpose only after employers try vacuuming or other relevant
methods and find these methods to be ineffective.
As an alternative to complying with the housekeeping requirements
specified by 29 CFR 1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2), KSW
proposed to adopt an alternative means of compliance that consists, in
part, of a compressed-air vacuum-containment system mounted on a truck.
A worker begins the crane-motor cleaning operation by inserting the
nozzle of the compressed-air gun into an opening in the housing, then
triggers the compressed air. The vacuum-containment system, which the
worker activates prior to beginning the motor-cleaning operation,
generates exhaust airflow inside the crane-motor housing. The vacuum,
delivered through a hose, has an exhaust volume of 5,000 cubic feet per
minute, and collects the lead and arsenic particulates that the worker
removes with compressed air from the interior components of the crane
motor. The system then deposits the particulates in a hopper, also
mounted on the truck.
KSW designed a flanged end that fits over an opening in a housing
that covers each crane motor. The vacuum hose is connected to, and is
supported by, this flange. Thus, the combination of the housing,
flanged end, compressed air, and the vacuum-containment system captures
most of the fugitive particulates released during the motor-cleaning
operation, thereby reducing worker exposure to airborne lead and
arsenic.
Under Section 6(d) of the Occupational Safety and Health Act of
1970 (29 U.S.C. 655), and based on the record discussed above, the
Agency finds that when KSW complies with the conditions of the
following order, the working conditions of the KSW's workers will be at
least as safe and healthful as if KSW complied with the working
conditions specified by paragraphs (h)(2)(i) of 29 CFR 1910.1025 and
(k)(2) of 29 CFR 1910.1018. This decision is applicable in all States
under Federal OSHA enforcement jurisdiction.
V. Order
OSHA issues this order authorizing the Keystone Steel and Wire
Company (hereafter, ``the employer'') to comply with the following
conditions instead of complying with paragraphs (h)(2)(i) of 29 CFR
1910.1025 and (k)(2) of 29 CFR 1910.1018. This order applies only in
Federal OSHA enforcement jurisdictions, and does not permit the
employer to vary compliance with any other provisions of 29 CFR
1910.1025 and 29 CFR 1910.1018.
1. Scope of the Permanent Variance
This permanent variance applies only at the employer's melt shop
when using compressed air to clean crane motors during maintenance
operations.
2. Engineering and Related Conditions
(a) The employer must:
(1) Use engineering controls (i.e., a compressed-air vacuum-
containment (CAVC) system) that maintain negative pressure inside the
housing enclosing each crane motor when using compressed air to clean
crane motors, and ensure that the vacuum-exhaust airflow leaving the
enclosure exceeds the inflow of compressed air by maintaining the
volume of compressed air below 5,000 cubic feet per minute.
(b) Ensure that the:
(1) Exhaust air in the CAVC system passes through a high-efficiency
particulate air (HEPA) filtration system prior to discharge; and
(2) Filtered exhaust does not reenter the work areas inside the
plant.
(c) Ensure the continued effectiveness of the alternative means of
compliance by:
(1) Performing a pre-use or yearly inspection (whichever occurs
more frequently) of all equipment and components used in the cleaning
operations; \8\
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\8\ Examples of the equipment or components listed on the
checklist include: air compressors; pressure regulators; gages;
compressed-air hoses; nozzle-pressure reducer; crane-motor
enclosures; flanges; vacuum-system operations, including the HEPA
filtration system and replacement of used filters; vacuum hoses; and
electric outlets and extension cords used during the cleaning
process.
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(2) Documenting such inspections using a checklist;
(3) Replacing or repairing all defective parts and components; and
(4) Maintaining records of inspections and corrective actions.
(d) Before implementing revisions to the motor-cleaning process,
modify the Safe Job Procedure accordingly, and inform affected workers
of the modifications.
3. Exposure Monitoring
The employer must:
(a) Perform personal-exposure monitoring (i.e., breathing-zone
sampling) of the workers for lead and arsenic particulates during the
entire period they use compressed air to clean crane motors. For
multiple crane motor-cleaning operations during the same maintenance
cycle, perform such monitoring on at least two operations that are
representative of exposures for all affected workers performing
cleaning operations during the cycle.
(b) Conduct breathing-zone sampling of affected workers for the
entire work day (full shift) on days when workers use compressed air to
clean crane motors. The full-shift sampling must include separate
sampling during the crane motor-cleaning operation, and a separate
sampling for the portion of the shift that does not involve motor
cleaning.
(c) Ensure that results for the two most recent rounds of full-
shift sampling remain below the action level for arsenic and lead.
(d) Submit the breathing-zone samples for lead and arsenic
particulates to an analytical laboratory that complies with the
certification criteria of the American Industrial Hygiene Association's
Industrial Hygiene Proficiency Analytical Testing Program.
4. Biological Monitoring
The employer must:
(a) Within 30 calendar days after workers perform a motor-cleaning
operation, conduct biological monitoring for blood-lead and zinc-
protoporphyrin concentrations on every worker involved in that motor-
cleaning operation. Blood-lead sample analysis must be performed by a
laboratory licensed by the U.S. Centers for Disease Control and
Prevention (CDC), or a laboratory that obtained a satisfactory grade in
blood-lead proficiency testing from CDC within the prior 12 months
[[Page 62879]]
and has an accuracy (to a confidence level of 95 percent) within 15 percent or 6 [mu]g/100 ml, whichever is greater.
(b) Ensure that blood-lead results remain at or below 40 [mu]g
lead/100 g whole blood.
(c) Whenever the employer assigns a new worker to perform the crane
motor-cleaning operation, conduct biological monitoring of the worker
prior to the worker beginning the cleaning operation.
(d) Not assign any worker to the crane motor-cleaning operation who
declines to undergo the biological-monitoring procedures.
5. Notifications
(a) The employer must:
(1) Provide written notification to affected workers of the results
of their individual personal-exposure and biological-monitoring results
in accordance with the requirements of the arsenic and lead standards
(29 CFR 1910.1018(e)(5), 29 CFR 1910.1018(n)(6)(iii), 29 CFR
1910.1025(d)(8), and 29 CFR 1910.1025(j)(3)(v)(A)(4)) within 15 working
days from receipt of the results.
(2) Whenever personal-exposure monitoring results are at or above
the action levels for lead (30 [mu]g/m\3\) or arsenic (5 [mu]g/m\3\),
or blood-lead monitoring results are above 20 [mu]g lead/100 g whole
blood, provide these results to OSHA's Peoria, IL, Area Office, OSHA's
Chicago, IL, Regional Office, and OSHA's Office of Technical Programs
and Coordination Activities within 15 working days of receiving the
results, along with a written plan describing how the employer will
reduce exposure levels or blood-lead levels.
(3) At least 15 calendar days prior to commencing any operation
that involves using compressed air to clean crane motors, inform OSHA's
Peoria, IL, Area Office and OSHA's Chicago, IL, Regional Office of the
date and time the operation will commence.
(b) Notify in writing OSHA's Office of Technical Programs and
Coordination Activities as soon as the employer knows that it will:
(1) Cease to do business; or
(2) Transfer the activities covered by this grant to a successor
company.
6. Training
The employer must implement the worker-training programs described
in 29 CFR 1910.1018(o) and 29 CFR 1910.1025(l), including:
(a) Initial training of new workers prior to their beginning a
crane motor-cleaning operation;
(b) Yearly refresher training of all other workers involved in
crane motor-cleaning operations;
(c) Documentation of this training; and
(d) Maintenance of the training records.\9\
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\9\ As described by KSW's Arsenic, Lead, & Cadmium Control
Program.
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7. Miscellaneous Program Conditions
The employer must implement the:
(a) Respiratory Protection Program that meets the requirements
specified by 29 CFR 1910.134, and 29 CFR 1910.1025(f), and 29 CFR
1910.1018(h);
(b) Provisions of the employer's Arsenic, Lead, & Cadmium Control
Program; and
(c) Provisions of the Safe Job Procedure.
8. Monitoring Work Practices
The employer must ensure that supervisors:
(a) Observe and enforce applicable safe-work practices \10\ while
workers are cleaning crane motors;
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\10\ Examples of safe-work practices include use of personal-
protective equipment (including respirators, gloves, protective
clothing) as defined by (a) KSW's Respiratory Protection Program;
(b) provisions of KSW's Arsenic, Lead, & Cadmium Control Program;
and (c) provisions of KSW's Safe Job Procedure.
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(b) Document these supervisor observations and enforcement
activities; and
(c) Maintain these records.
9. Record Retention and Availability
The employer must:
(a) Retain any records generated under the conditions specified in
this grant for a minimum period of five years, unless an applicable
OSHA standard specifies a longer period; \11\ and
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\11\ For example, Sec. 1910.1025(n)(1)(iii) and (n)(2)(iv)
require employers to retain lead exposure-monitoring records and
medical records for at least 40 years or for the duration of
employment plus 20 years, whichever is longer.
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(b) Make these records available to OSHA, affected workers, and
worker representatives on request.
VI. Authority and Signature
David Michaels, PhD, MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave., NW., Washington, DC, directed the preparation of
this notice. OSHA is issuing this notice under the authority specified
by Section 6(d) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655), Secretary of Labor's Order No. 4-2010 (75 FR 55355), and
29 CFR part 1905.
Signed in Washington, DC, on October 7, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-25739 Filed 10-12-10; 8:45 am]
BILLING CODE 4510-26-P
