Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Scope and
application.
This section regulates asbestos exposure in all shipyard
employment work as defined in Section
8347, including but not limited to
the following:
(1) Demolition or
salvage of structures, vessels, and vessel sections where asbestos is
present;
(2) Removal or
encapsulation of materials containing asbestos;
(3) Construction, alteration, repair,
maintenance, or renovation of vessels, vessel sections, structures, substrates,
or portions thereof, that contain asbestos;
(4) Installation of products containing
asbestos;
(5) Asbestos
spill/emergency cleanup; and
(6)
Transportation, disposal, storage, containment of and housekeeping activities
involving asbestos or products containing asbestos, on the site or location at
which construction activities are performed.
(7) Coverage under this standard shall be
based on the nature of the work operation involving asbestos
exposure.
(8) Whenever employee
exposure to asbestos, as defined in subsection (b) of this section consists
only of exposure to tremolite, anthophyllite, and actinolite in the
non-asbestiform mineral habit, the provisions of Section
5208.1 of the General Industry
Safety Orders shall apply and supersede the provisions of this
section.
(9) The provisions of this
section are subject to the requirements of the Occupational Carcinogen Control
Act of 1976 (Labor Code, Division 5, part 10).
(b) Definitions.
"Aggressive method" means removal or disturbance of
building/vessel materials by sanding, abrading, grinding, or other method that
breaks, crumbles, or otherwise disintegrates intact ACM.
"Amended water" means water to which surfactant (wetting
agent) has been added to increase the ability of the liquid to penetrate
ACM.
"Asbestos" includes chrysotile, amosite, crocidolite,
tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of
these minerals that has been chemically treated and/or altered. For purposes of
this standard, "asbestos" includes PACM, as defined below.
"Asbestos-containing material, (ACM)" means any material
containing more than one percent asbestos.
"Assistant Secretary" means the Assistant Secretary of
Labor for Occupational Safety and Health, U.S. Department of Labor, or
designee.
"Authorized person" means any person authorized by the
employer and required by work duties to be present in regulated areas.
"Building/facility/vessel owner" is the legal entity,
including a lessee, which exercises control over management and record keeping
functions relating to a building, facility, and/or vessel in which activities
covered by this standard take place.
"Certified Industrial Hygienist (CIH)" means one
certified in the practice of industrial hygiene by the American Board of
Industrial Hygiene.
"Chief". The Chief of the Division of Occupational Safety
and Health, P.O. Box 420603, San Francisco, CA 94142.
"Class I asbestos work" means activities involving the
removal of thermal system insulation or surfacing ACM/PACM.
"Class II asbestos works" means activities involving the
removal of ACM which is neither TSI or surfacing ACM. This includes, but is not
limited to, the removal of asbestos-containing wallboard, floor tile and
sheeting, roofing and siding shingles, and construction mastics.
"Class III asbestos work means" repair and maintenance
operations, where "ACM", including TSI and surfacing ACM and PACM, is likely to
be disturbed.
"Class IV asbestos work" means maintenance and custodial
activities during which employees contact but do not disturb ACM or PACM and
activities to clean up dust, waste and debris resulting from Class I, II, and
III activities.
"Clean room" means an uncontaminated room having
facilities for the storage of employees' street clothing and uncontaminated
materials and equipment.
"Closely resemble" means that the major workplace
conditions which have contributed to the levels of historic asbestos exposure,
are no more protective than conditions of the current workplace.
"Competent person" see "Qualified person." "Critical
barrier" means one or more layers of plastic sealed over all openings into a
work area or any other physical barrier sufficient to prevent airborne asbestos
in a work area from migrating to an adjacent area.
"Decontamination area" means an enclosed area adjacent
and connected to the regulated area and consisting of an equipment room, shower
area, and clean room, which is used for the decontamination of workers,
materials, and equipment that are contaminated with asbestos.
"Demolition" means the wrecking or taking out of any
load- supporting structural member and any related razing, removing, or
stripping of asbestos products.
"Director" means the Director, National institute for
Occupational Safety and Health, U.S. Department of Health and Human Services,
or designee.
"Disturbance" means activities that disrupt the matrix of
ACM or PACM, crumble or pulverize ACM or PACM, or generate visible debris from
ACM or PACM. Disturbance includes cutting away small amounts of ACM and PACM,
no greater than the amount which can be contained in one standard sized
glovebag or waste bag, in order to access a building or vessel component. In no
event shall the amount of ACM or PACM so disturbed exceed that which can be
contained in one glovebag or waste bag which shall not exceed 60 inches in
length and width.
"Employee exposure" means that exposure to airborne
asbestos that would occur if the employee were not using respiratory protective
equipment.
"Equipment room (change room)" means a contaminated room
located within the decontamination area that is supplied with impermeable bags
or containers for the disposal of contaminated protective clothing and
equipment.
"Fiber" means a particulate form of asbestos, 5
micrometers or longer, with a length-to-diameter ratio of at least 3 to
1.
"Glovebag" means not more than a 60 x 60 inch impervious
plastic bag-like enclosure affixed around asbestos-containing material, with
glove-like appendages through which material and tools may be handled.
"High-efficiency particulate air (HEPA) filter" means a
filter capable of trapping and retaining at least 99.97 percent of all
mono-dispersed particles of 0.3 micrometers in diameter.
"Homogeneous area" means an area of surfacing material or
thermal system insulation that is uniform in color and texture.
"Incident" means any unanticipated event which causes, or
is immediately likely to cause, an exposure of an employee, unprotected by an
appropriate respirator, to asbestos fibers in excess of the PEL and/or
excursion limit.
"Industrial hygienist" means a professional qualified by
education, training, and experience to anticipate, recognize, evaluate and
develop controls for occupational health hazards.
"Intact" means that the ACM has not crumbled, been
pulverized, or otherwise deteriorated so that the asbestos is no longer likely
to be bound with its matrix.
"Modification" for purposes of subsection (g)(6)(B) of
this section, means a changed or altered procedure, material or component of a
control system, which replaces a procedure, material or component of a required
system. Omitting a procedure or component, or reducing or diminishing the
stringency or strength of a material or component of the control system is not
a "modification" for purposes of subsection (g)(6) of this section.
"Negative Initial Exposure Assessment" means a
demonstration by the employer, which complies with the criteria in subsection
(f)(2)(C) of this section, that employee exposure during an operation is
expected to be consistently below the PELs.
"PACM" means "presumed asbestos containing
material".
"Presumed Asbestos Containing Material" means thermal
system insulation and surfacing material found in buildings, vessels, and
vessel sections constructed no later than 1980. The designation of a material
as "PACM" may be rebutted pursuant to subsection (k)(5) of this section.
"Project Designer" means a person who has successfully
completed the training requirements for an abatement project designer
established by 40 U.S.C. Sec. 763.90(g).
"Qualified person" means, in addition to the definition
in section 1504(a), one who
is capable of identifying existing asbestos hazards in the workplace and
selecting the appropriate control strategy for asbestos exposure, who has the
authority to take prompt corrective measures to eliminate them, as specified in
section 1504(a); in
addition, for Class I and Class II work who is specially trained in a training
course which meets the criteria of EPA's Model Accreditation Plan ( 40 CFR Part
763) for supervisor, or its equivalent, and for Class Ill and Class IV work,
who is trained in a manner consistent with EPA requirements for training of
local education agency maintenance and custodial staff as set forth at
40 CFR
763.92(a)(2).
"Regulated area" means an area established by the
employer to demarcate areas where Class I, II, and III asbestos work is
conducted, and any adjoining area where debris and waste from such asbestos
work accumulate; and a work area within which airborne concentrations of
asbestos, exceed or can reasonably be expected to exceed the permissible
exposure limit. Requirements for regulated areas are set out in subsection (e)
of this section.
"Removal" means all operations where ACM and/or PACM is
taken out or stripped from structures or substrates, and includes demolition
operations.
"Renovation" means the modifying of any existing vessel,
vessel section, structure, or portion thereof.
"Repair" means overhauling, rebuilding, reconstructing,
or reconditioning of vessels, vessel sections, structures or substrates,
including encapsulation or other repair of ACM or PACM attached to structures
or substrates.
"Surfacing material" means material that is sprayed,
troweled-on or otherwise applied to surfaces (such as acoustical plaster on
ceilings and fireproofing materials on structural members, or other materials
on surfaces for acoustical, fireproofing, and other purposes).
"Surfacing ACM" means surfacing material which contains
more than 1% asbestos.
"Thermal system insulation (TSI)" means ACM applied to
pipes, fittings, boilers, breeching, tanks, ducts or other structural
components to prevent heat loss or gain.
"Thermal system insulation ACM" is thermal system
insulation which contains more than 1% asbestos.
(c) Permissible exposure limits (PELS).
(1) Time-weighted average limit (TWA). The
employer shall ensure that no employee is exposed to an airborne concentration
of asbestos in excess of 0.1 fiber per cubic centimeter of air as an eight (8)
hour time-weighted average (TWA), as determined by the method prescribed in
Appendix A to this section, or by an equivalent method.
(2) Excursion limit. The employer shall
ensure that no employee is exposed to an airborne concentration of asbestos in
excess of 1.0 fiber per cubic centimeter of air (1 f/cc) as averaged over a
sampling period of thirty (30) minutes, as determined by the method prescribed
in Appendix A to this section, or by an equivalent method.
(d) Multi-employer worksites.
(1) On multi-employer worksites, an employer
performing work requiring the establishment of a regulated area shall inform
other employers on the site of the nature of the employer's work with asbestos
and/or PACM, of the existence of and requirements pertaining to regulated
areas, and the measures taken to ensure that employees of such other employers
are not exposed to asbestos.
(2)
Asbestos hazards at a multi-employer work site shall be abated by the
contractor who created or controls the source of asbestos contamination. For
example, if there is a significant breach of an enclosure containing Class I
work, the employer responsible for erecting the enclosure shall repair the
breach immediately.
(3) In
addition, all employers of employees exposed to asbestos hazards shall comply
with applicable protective provisions to protect their employees. For example,
if employees working immediately adjacent to a Class I asbestos job are exposed
to asbestos due to the inadequate containment of such job, their employer shall
either remove the employees from the area until the enclosure breach is
repaired; or perform an initial exposure assessment pursuant to subsection (f)
of this section.
(4) All employers
of employees working adjacent to regulated areas established by another
employer on a multi-employer work-site, shall take steps on a daily basis to
ascertain the integrity of the enclosure and/or the effectiveness of the
control method relied on by the primary asbestos contractor to assure that
asbestos fibers do not migrate to such adjacent areas.
(5) All general contractors on a shipyard
project which includes work covered by this standard shall be deemed to
exercise general supervisory authority over the work covered by this standard,
even though the general contractor is not qualified to serve as the asbestos
"qualified person" as defined by subsection (b) of this section. As supervisor
of the entire project, the general contractor shall ascertain whether the
asbestos contractor is in compliance with this standard, and shall require such
contractor to come into compliance with this standard when
necessary.
(e) Regulated
areas.
(1) All Class I, II and III asbestos
work shall be conducted within regulated areas. All other operations covered by
this standard shall be conducted within a regulated area where airborne
concentrations of asbestos exceed, or there is a reasonable possibility they
may exceed a PEL. Regulated areas shall comply with the requirements of
subsections (e)(2), (3), (4) and (5) of this section.
(2) Demarcation. The regulated area shall be
demarcated in any manner that minimizes the number of persons within the area
and protects persons outside the area from exposure to airborne asbestos. Where
critical barriers or negative pressure enclosures are used, they may demarcate
the regulated area. Signs shall be provided and displayed pursuant to the
requirements of subsection (k)(7) of this section.
(3) Access. Access to regulated areas shall
be limited to authorized persons and to persons authorized by the Chief or
Director.
(4) Respirators. All
persons entering a regulated area where employees are required pursuant to
subsection (h)(1) of this section to wear respirators shall be supplied with a
respirator selected in accordance with subsection (h)(2) of this
section.
(5) Prohibited activities.
The employer shall ensure that employees do not eat, drink, smoke, chew tobacco
or gum, or apply cosmetics in the regulated area.
(6) Qualified Persons. The employer shall
ensure that all asbestos work performed within regulated areas is supervised by
a qualified person, as defined in subsection (b) of this section. The duties of
the qualified person are set out in subsection (o) of this
section.
(f) Exposure
assessments and monitoring.
(1) General
monitoring criteria.
(A) Each employer who
has a workplace or work operation where exposure monitoring is required under
this section shall perform monitoring to determine accurately the airborne
concentrations of asbestos to which employees may be exposed.
(B) Determinations of employee exposure shall
be made from breathing zone air samples that are representative of the 8-hour
TWA and 30-minute short-term exposures of each employee.
(C) Representative 8-hour TWA employee
exposure shall be determined on the basis of one or more samples representing
full-shift exposure for employees in each work area. Representative 30-minute
short-term employee exposures shall be determined on the basis of one or more
samples representing 30 minute exposures associated with operations that are
most likely to produce exposures above the excursion limit for employees in
each work area.
(2)
Initial Exposure Assessment.
(A) Each employer
who has a workplace or work operation covered by this standard shall ensure
that a "qualified person" conducts an exposure assessment immediately before or
at the initiation of the operation to ascertain expected exposures during that
operation or workplace. The assessment must be completed in time to comply with
requirements which are triggered by exposure data or the lack of a "negative
exposure assessment," and to provide information necessary to assure that all
control systems planned are appropriate for that operation and will work
properly.
(B) Basis of Initial
Exposure Assessment: Unless a negative exposure assessment has been made
pursuant to subsection (f)(2)(C) of this section, the initial exposure
assessment shall, if feasible, be based on monitoring conducted pursuant to
subsection (f)(1)(C) of this section. The assessment shall take into
consideration both the monitoring results and all observations, information or
calculations which indicate employee exposure to asbestos, including any
previous monitoring conducted in the workplace, or of the operations of the
employer which indicate the levels of airborne asbestos likely to be
encountered on the job. For Class I asbestos work, until the employer conducts
exposure monitoring and documents that employees on that job will not be
exposed in excess of the PELs, or otherwise makes a negative exposure
assessment pursuant to subsection (f)(2)(C) of this section, the employer shall
presume that employees are exposed in excess of the TWA and excursion
limit.
(C) Negative Initial
Exposure Assessment: For any one specific asbestos job which will be performed
by employees who have been trained in compliance with the standard, the
employer may demonstrate that employee exposures will be below the PELs by data
which conform to the following criteria;
1.
Objective data demonstrating that the product or material containing asbestos
minerals or the activity involving such product or material cannot release
airborne fibers in concentrations exceeding the TWA and excursion limit under
those work conditions having the greatest potential for releasing asbestos;
or
2. Where the employer has
monitored prior asbestos jobs for the PEL and the excursion limit within 12
months of the current or projected job, the monitoring and analysis were
performed in compliance with the asbestos standard in effect; and the data were
obtained during work operations conducted under workplace conditions "closely
resembling" the processes, type of material, control methods, work practices,
and environmental conditions used and prevailing in the employer's current
operations, the operations were conducted by employees whose training and
experience are no more extensive than that of employees performing the current
job, and these data show that under the conditions prevailing and which will
prevail in the current workplace there is a high degree of certainty that
employee exposures will not exceed the TWA and excursion limit; or
3. The results of initial exposure monitoring
of the current job made from breathing zone air samples that are representative
of the 8-hour TWA and 30 minute short-term exposures of each employee covering
operations which are most likely during the performance of the entire asbestos
job to result in exposures over the PELs.
(3) Periodic monitoring.
(A) Class I and II operations. The employer
shall conduct daily monitoring that is representative of the exposure of each
employee who is assigned to work within a regulated area who is performing
Class I or II work, unless the employer pursuant to subsection (f)(2)(C) of
this section, has made a negative exposure assessment for the entire
operation.
(B) All operations under
the standard other than Class I and II operations. The employer shall conduct
periodic monitoring of all work where exposures are expected to exceed a PEL,
at intervals sufficient to document the validity of the exposure
prediction.
(C) Exception: When all
employees required to be monitored daily are equipped with supplied-air
respirators operated in the pressure demand mode, or other positive pressure
mode respirator, the employer may dispense with the daily monitoring required
by this subsection. However, employees performing Class I work using a control
method which is not listed in subsections (g)(4)(A), (B), or (C) of this
section or using a modification of a listed control method, shall continue to
be monitored daily even if they are equipped with supplied-air
respirators
(4)
Termination of monitoring.
(A) If the periodic
monitoring required by subsection (f)(3) of this section reveals that employee
exposures, as indicated by statistically reliable measurements, are below the
permissible exposure limit and excursion limit the employer may discontinue
monitoring for those employees whose exposures are represented by such
monitoring.
(B) Additional
monitoring. Notwithstanding the provisions of subsections (f)(2) and (3), and
(f)(4) of this section, the employer shall institute the exposure monitoring
required under subsection (f)(3) of this section whenever there has been a
change in process, control equipment, personnel or work practices that may
result in new or additional exposures above the permissible exposure limit
and/or excursion limit or when the employer has any reason to suspect that a
change may result in new or additional exposures above the permissible exposure
limit and/or excursion limit. Such additional monitoring is required regardless
of whether a "negative exposure assessment" was previously produced for a
specific job.
(5)
Employee notification of monitoring results.
(A) The employer shall notify affected
employees of the monitoring results that represent that employee's exposure as
soon as possible but no later than 5 days following receipt of monitoring
results.
(B) The employer shall
notify affected employees of the results of monitoring representing the
employee's exposure in writing either individually or by posting at a centrally
located place that is accessible to affected employees.
(6) Observation of monitoring.
(A) The employer shall provide affected
employees and their designated representatives an opportunity to observe any
monitoring of employee exposure to asbestos conducted in accordance with this
section.
(B) When observation of
the monitoring of employee exposure to asbestos requires entry into an area
where the use of protective clothing or equipment is required, the observer
shall be provided with and be required to use such clothing and equipment and
shall comply with all other applicable safety and health
procedures.
(g)
Methods of compliance.
(1) Engineering
controls and work practices for all operations covered by this section. The
employer shall use the following engineering controls and work practices in all
operations covered by this section, regardless of the levels of exposure:
(A) Vacuum cleaners equipped with HEPA
filters to collect all debris and dust containing ACM and PACM, except as
provided in subsection (g)(8)(B) of this section in the case of roofing
material;
(B) Wet methods, or
wetting agents, to control employee exposures during asbestos handling, mixing,
removal, cutting, application, and cleanup, except where employers demonstrate
that the use of wet methods is infeasible due to for example, the creation of
electrical hazards, equipment malfunction, and, in roofing, except as provided
in subsection (g)(8)(B) of this section.
(C) Prompt clean-up and disposal of wastes
and debris contaminated with asbestos in leak-tight containers except in
roofing operations, where the procedures specified in subsection (g)(8)(B) of
this section apply.
(2)
In addition to the requirements of subsection (g)(1) of this section above, the
employer shall use the following control methods to achieve compliance with the
TWA permissible exposure limit and excursion limit prescribed by subsection (c)
of this section;
(A) Local exhaust ventilation
equipped with HEPA filter dust collection systems;
(B) Enclosure or isolation of processes
producing asbestos dust;
(C)
Ventilation of the regulated area to move contaminated air away from the
breathing zone of employees and toward a filtration or collection device
equipped with a HEPA filter;
(D)
Use of other work practices and engineering controls that the Assistant
Secretary can show to be feasible.
(E) Wherever the feasible engineering and
work practice controls described above are not sufficient to reduce employee
exposure to or below the permissible exposure limit and/or excursion limit
prescribed in subsection (c) of this section, the employer shall use them to
reduce employee exposure to the lowest levels attainable by these controls and
shall supplement them by the use of respiratory protection that complies with
the requirements of subsection (h) of this section.
(3) Prohibitions. The following work
practices and engineering controls shall not be used for work related to
asbestos or for work which disturbs ACM or PACM, regardless of measured levels
of asbestos exposure or the results of initial exposure assessments:
(A) High-speed abrasive disc saws that are
not equipped with point of cut ventilator or enclosures with HEPA filtered
exhaust air.
(B) Compressed air
used to remove asbestos, or materials containing asbestos, unless the
compressed air is used in conjunction with an enclosed ventilation system
designed to capture the dust cloud created by the compressed air.
(C) Dry sweeping, shoveling or other dry
clean-up of dust and debris containing ACM and PACM.
(D) Employee rotation as a means of reducing
employee exposure to asbestos.
(E)
The spraying of any substance containing any amount of asbestos in or upon a
building or other structure during its construction, alteration, or repair is
prohibited.
EXCEPTIONS:
1.
Exterior and interior coating and laminating resins containing encapsulated
asbestos fibers bound within the finished product from manufacture through
application.
2. Cold process
asphalt roof coatings.
3.
Substances containing less than one-quarter of 1 percent asbestos solely as a
result of naturally occurring impurities in the substance or its
components.
(4)
Class I Requirements. In addition to the provisions of subsections (g)(1) and
(2) of this section, the following engineering controls and work practices and
procedures shall be used.
(A) All Class I
work, including the installation and operation of the control system shall be
supervised by a qualified person as defined in subsection (b) of this
section;
(B) For all Class I jobs
involving the removal of more than 25 linear or 10 square feet of TSI or
surfacing ACM or PACM; for all other Class I jobs, where the employer cannot
produce a negative exposure assessment pursuant to subsection (f)(2)(C) of this
section, or where employees are working in areas adjacent to the regulated
area, while the Class I work is being performed, the employer shall use one of
the following methods to ensure that airborne asbestos does not migrate from
the regulated area:
1. Critical barriers
shall be placed over all the openings to the regulated area, except where
activities are performed outdoors; or
2. The employer shall use another barrier or
isolation method which prevents the migration of airborne asbestos from the
regulated area, as verified by perimeter area surveillance during each work
shift at each boundary of the regulated area, showing no visible asbestos dust;
and perimeter area monitoring showing that clearance levels contained in 40 CFR
Part 763, Subpart E of the EPA Asbestos in Schools Rule are met, or that
perimeter area levels, measured by Phase Contrast Microscopy (PCM) are no more
than background levels representing the same area before the asbestos work
began. The results of such monitoring shall be made known to the employer no
later than 24 hours from the end of the work shift represented by such
monitoring. Exception: For work completed outdoors where employees are not
working in areas adjacent to the regulated areas, this subsection (g)(4)(B) is
satisfied when the specific control methods in subsection (g)(5) of this
section are used.
(C) For
all Class I jobs, HVAC systems shall be isolated in the regulated area by
sealing with a double layer of 6 mil plastic or the equivalent;
(D) For all Class I jobs, impermeable
dropcloths shall be placed on surfaces beneath all removal activity;
(E) For all Class I jobs, all objects within
the regulated area shall be covered with impermeable dropcloths or plastic
sheeting which is secured by duct tape or an equivalent.
(F) For all Class I jobs where the employer
cannot produce a negative exposure assessment or where exposure monitoring
shows the PELs are exceeded, the employer shall ventilate the regulated area to
move contaminated air away from the breathing zone of employees toward a HEPA
filtration or collection device.
(5) Specific Control Systems for Class I
Work. In addition, Class I asbestos work may be performed using one or more of
the following control methods pursuant to the limitations stated below:
(A) Negative Pressure Enclosure (NPE)
systems: NPE systems may be used where the configuration of the work area does
not make the erection of the enclosure infeasible, with the following
specifications and work practices.
1.
Specifications:
A. The negative pressure
enclosure (NPE) may be of any configuration,
B. At least 4 air changes per hour shall be
maintained in the NPE,
C. A minimum
of -0.02 column inches of water pressure differential, relative to outside
pressure, shall be maintained within the NPE as evidenced by manometric
measurements,
D. The NPE shall be
kept under negative pressure throughout the period of its use, and
E. Air movement shall be directed away from
employees performing asbestos work within the enclosure, and toward a HEPA
filtration or a collection device.
2. Work Practices:
A. Before beginning work within the enclosure
and at the beginning of each shift, the NPE shall be inspected for breaches and
smoke- tested for leaks, and any leaks sealed.
B. Electrical circuits in the enclosure shall
be deactivated, unless equipped with ground-fault circuit
interrupters.
(B) Glove bag systems way be used to remove
PACM and/or ACM from straight runs of piping and elbows and other connections
with the following specifications and work practices:
1. Specifications:
A. Glovebags shall be node of 6 mil thick
plastic and shall be seamless at the bottom.
B. Glovebags used on elbows and other
connections must be designed for that purpose and used without
modifications.
2. Work
Practices:
a. Each glovebag shall be installed
so that it completely covers the circumference of pipe or other structure where
the work is to be done.
b.
Glovebags shall be smoke-tested for leaks and any leaks sealed prior to
use.
c. Glovebags may be used only
once and may not be moved.
d.
Glovebags shall not be used on surfaces whose temperature exceeds
150°F.
e. Prior to disposal,
glovebags shall be collapsed by removing air within them using a HEPA
vacuum.
f. Before beginning the
operation, loose and friable material adjacent to the glovebag/box operation
shall be wrapped and sealed in two layers of six mil plastic or otherwise
rendered intact.
g. Where system
uses attached waste bag, such bag shall be connected to collection bag using
hose or other material which shall withstand pressure of ACM waste and water
without losing its integrity:
h.
Sliding valve or other device shall separate waste bag from hose to ensure no
exposure when waste bag is disconnected:
i. At least two persons shall perform Class I
glovebag removal operations.
(C) Negative Pressure Glove Bag Systems.
Negative pressure glove bag systems may be used to remove ACM or PACM from
piping.
1. Specifications: In addition to
specifications for glove bag systems above, negative pressure glove bag systems
shall attach HEPA vacuum system or other device to bag to prevent collapse
during removal.
2. Work Practices:
a. The employer shall comply with the work
practices for glove bag systems in subsection (g)(5)(B)2.d. of this
section,
b. The HEPA vacuum cleaner
or other device used to prevent collapse of bag during removal shall run
continually during the operation until it is completed at which time the bag
shall be collapsed prior to removal of the bag from the pipe.
c. Where a separate waste bag is used along
with a collection bag and discarded after one use, the collection bag may be
reused if rinsed clean with amended water before
reuse.
(D)
Negative Pressure Glove Box systems: Negative pressure glove boxes may be used
to remove ACM or PACM from pipe runs with the following specifications and work
practices.
1. Specifications:
a. Glove boxes shall be constructed with
rigid sides and made from metal or other material which can withstand the
weight of the ACM and PACM and water used during removal:
b. A negative pressure generator shall be
used to create negative pressure in the system:
c. An air filtration unit shall be attached
to the box:
d. The box shall be
fitted with gloved apertures:
e. An
aperture at the base of the box shall serve as a bagging outlet for waste ACM
and water:
f. A back-up generator
shall be present on site:
g. Waste
bags shall consist of 6 mil thick plastic double-bagged before they are filled
or plastic thicker than 6 mil.
2. Work practices:
a. At least two persons shall perform the
removal:
b. The box shall be
smoke-tested for leaks and any leaks sealed prior to each use.
c. Loose or damaged ACM adjacent to the box
shall be wrapped and sealed in two layers of 6 mil plastic prior to the job, or
otherwise made intact prior to the job.
d. A HEPA filtration system shall be used to
maintain the pressure barrier in the box.
(E) Water Spray Process System: A water spray
process system may be used for removal of ACM and PACM from cold line piping
if, employees carrying out such process have completed a 40-hour separate
training course in its use, in addition to training required for employees
performing Class I work. The system shall meet the following specifications and
shall be performed by employees using the following work practices.
1. Specifications:
a. Piping from which insulation will be
removed shall be surrounded on 3 sides by rigid framing,
b. A 360 degree water spray, delivered
through nozzles supplied by a high pressure separate water line, shall be
formed around the piping.
c. The
spray shall collide to form a fine aerosol which provides a liquid barrier
between workers and the ACM and PACM.
2. Work Practices:
a. The system shall be run for at least 10
minutes before removal begins.
b.
All removal shall take place within the barrier.
c. The system shall be operated by at least
three persons, one of whom shall not perform removal but shall check equipment,
and ensure proper operation of the system.
d. After removal, the ACM and PACM shall be
bagged while still inside the water barrier.
(F) A small walk-in enclosure which
accommodates no more than two persons (mini-enclosure) may be used if the
disturbance or removal can be completely contained by the enclosure, with the
following specifications and work practices.
1. Specifications:
a. The fabricated or job-made enclosure shall
be constructed of 6 mil plastic or equivalent.
b. The enclosure shall be placed under
negative pressure by means of a HEPA filtered vacuum or similar ventilation
unit.
2. Work practices:
a. Before use, the mini-enclosure shall be
inspected for leaks and smoke-tested to detect breaches, and any breaches
sealed.
b. Before reuse, the
interior shall be completely washed with amended water and
HEPA-vacuumed.
c. During use, air
movement shall be directed away from the employee's breathing zone within the
mini-enclosure.
(6) Alternative control methods for Class I
work. Class I work may be performed using a control method which is not
referenced in subsection (g)(5) of this section, or which modifies a control
method referenced in subsection (g)(5) of this section, if the following
provisions are complied with:
(A) The control
method shall enclose, contain or isolate the processes or source of airborne
asbestos dust, or otherwise capture or redirect such dust before it enters the
breathing zone of employees.
(B) A
certified industrial hygienist or licensed professional engineer who is also
qualified as a project designer as defined in subsection (b) of this section,
shall evaluate the work area, the projected work practices and the engineering
controls and shall certify in writing that: the planned control method is
adequate to reduce direct and indirect employee exposure to below the PELs
under worst-case conditions of use, and that the planned control method will
prevent asbestos contamination outside the regulated area, as measured by
clearance sampling which meets the requirements of EPA's Asbestos in Schools
Rule issued under AHERA, or perimeter monitoring which meets the criteria in
subsection (g)(4)(B)2. of this section.
1.
Where the TSI or surfacing material to be removed is 25 linear or 10 square
feet or less, the evaluation required in subsection (g)(6) of this section may
be performed by a "qualified person", and may omit consideration of perimeter
or clearance monitoring otherwise required.
2. The evaluation of employee exposure
required in subsection (g)(6) of this section, shall include and be based on
sampling and analytical data representing employee exposure during the use of
such method under worst-case conditions and by employees whose training and
experience are equivalent to employees who are to perform the current
job.
(7) Work
Practices and Engineering Controls for Class II work.
(A) All Class II work shall be supervised by
a qualified person as defined in subsection (b) of this section.
(B) For all indoor Class II jobs, where the
employer has not produced a negative exposure assessment pursuant to subsection
(f)(2)(C) of this section, or where during the job, changed conditions indicate
there may be exposure above the PEL or where the employer does not remove the
ACM in a substantially intact state, the employer shall use one of the
following methods to ensure that airborne asbestos does not migrate from the
regulated area;
1. Critical barriers shall be
placed over all openings to the regulated area; or,
2. The employer shall use another barrier or
isolation method which prevents the migration of airborne asbestos from the
regulated area, as verified by perimeter area monitoring or clearance
monitoring which meets the criteria set out in subsection (g)(4)(B)2. of this
section.
(C) Impermeable
dropcloths shall be placed on surfaces beneath all removal activity;
(D) All Class II asbestos work shall be
performed using the work practices and requirements set out above in
subsections (g)(1)(A) through (g)(1)(C) of this section.
(8) Additional Controls for Class II work.
Class II asbestos work shall also be performed by complying with the work
practices and controls designated for each type of asbestos work to be
performed, set out in this subsection. Where more than one control method may
be used for a type of asbestos work, the employer may choose one or a
combination of designated control methods. Class II work also may be performed
using a method allowed for Class I work, except that glove bags and glove boxes
are allowed if they fully enclose the Class II material to be removed.
(A) For removing vinyl and asphalt
flooring/deck materials which contain ACM or for which, in buildings
constructed not later than 1980, the employer has not verified the absence of
ACM pursuant to subsection (g)(8)(A)9.: the employer shall ensure that
employees comply with the following work practices and that employees are
trained in these practices pursuant to subsection (k)(9) of this section:
1. Flooring/deck materials or its backing
shall not be sanded.
2. Vacuums
equipped with HEPA filter, disposable dust bag, and metal floor tool (no brush)
shall be used to clean floors.
3.
Resilient sheeting shall be removed by cutting with wetting of the snip point
and wetting during delamination. Rip-up of resilient sheet floor material is
prohibited.
4. All scraping of
residual adhesive and/or backing shall be performed using wet
methods.
5. Dry sweeping is
prohibited.
6. Mechanical chipping
is prohibited unless performed in a negative pressure enclosure which meets the
requirements of subsection (g)(5)(A) of this section.
7. Tiles shall be removed intact, unless the
employer demonstrates that intact removal is not possible.
8. When tiles are heated and can be removed
intact, wetting may be omitted.
9.
Resilient flooring/deck material in buildings/vessels constructed no later than
1980, including associated mastic and backing shall be assumed to be
asbestos-containing unless an industrial hygienist determines that it is
asbestos-free using recognized analytical techniques.
(B) For removing roofing material which
contains ACM the employer shall ensure that the following work practices are
followed:
1. Roofing material shall be removed
in an intact state to the extent feasible.
2. Wet methods shall be used to remove
roofing materials,that are not intact, or that will be rendered not intact
during removal, unless such wet methods are not feasible or will create safety
hazards.
3. Cutting machines shall
be continuously misted during use, unless a competent person determines that
misting substantially decreases worker safety.
4. When removing built-up roofs with
asbestos-containing roofing felts and an aggregate surface using a power roof
cutter, all dust resulting from the cutting operation shall be collected by a
HEPA dust collector, or shall be HEPA vacuumed by vacuuming along the cut line.
When removing built-up roofs with asbestos-containing roofing felts and a
smooth surface using a power roof cutter, the dust resulting from the cutting
operation shall be collected either by a HEPA dust collector or HEPA vacuuming
along the cut line, or by gently sweeping and then carefully and completely
wiping up the still-wet dust and debris left along the cut line. The dust and
debris shall be immediately bagged or placed in covered containers.
5. Asbestos-containing material that has been
removed from a roof shall not be dropped or thrown to the ground. Unless the
material is carried or passed to the ground by hand, it shall be lowered to the
ground via covered, dust-tight chute, crane or hoist:
a. Any ACM that is not intact shall be
lowered to the ground as soon as is practicable, but in any event no later than
the end of the work shift.
While the material remains on the roof it shall either be
kept wet, placed in an impermeable waste bag, or wrapped in plastic
sheeting.
b. Intact ACM
shall be lowered to the ground as soon as is practicable, but in any event no
later than the end of the work shift.
6. Upon being lowered, unwrapped material
shall be transferred to a closed receptacle in such manner so as to preclude
the dispersion of dust.
7. Roof
level heating and ventilation air intake sources shall be isolated or the
ventilation system shall be shut down.
8. Notwithstanding any other provision of
this section, removal or repair of sections of intact roofing less than 25
square feet in area does not require use of wet methods or HEPA vacuuming as
long as manual methods which do not render the material nonintact are used to
remove the material and no visible dust is created by the removal method used.
In determining whether a job involves less than 25 square feet, the employer
shall include all removal and repair work performed on the same roof on the
same day.
(C) When
removing cementitious asbestos-containing siding and shingles or transite
panels containing ACM on building exteriors (other than roofs, where subsection
(g)(8)(B) of this section applies) the employer shall ensure that the following
work practices are followed:
1. Cutting,
abrading or breaking siding, shingles, or transite panels shall be prohibited
unless the employer can demonstrate that methods less likely to result in
asbestos fiber release cannot be used.
2. Each panel or shingle shall be sprayed
with amended water prior to removal.
3. Unwrapped or unbagged panels or shingles
shall be immediately lowered to the ground via covered dust-tight chute, crane
or hoist, or placed in an impervious waste bag or wrapped in plastic sheeting
and lowered to the ground no later than the end of the work shift.
4. Nails shall be cut with flat, sharp
instruments.
(D) When
removing gaskets containing ACM, the employer shall ensure that the following
work practices are followed:
1. If a gasket is
visibly deteriorated and unlikely to be removed intact, removal shall be
undertaken within a glovebag as described in subsection (g)(5)(B) of this
section.
2. The gasket shall be
thoroughly wetted with amended water prior to its removal.
3. The gasket shall be immediately placed in
a disposal container.
4. Any
scraping to remove residue must be performed wet.
(E) When performing any other Class II
removal of asbestos containing material for which specific controls have not
been listed in subsections (g)(8)(A) through (D), of this section, the employer
shall ensure that the following work practices are complied with.
1. The materials shall be thoroughly wetted
with amended water prior to and during its removal.
2. The material shall be removed in an intact
state unless the employer demonstrates that intact removal is not
possible.
3. Cutting, abrading or
breaking the material shall be prohibited unless the employer can demonstrate
that methods less likely to result in asbestos fiber release are not
feasible.
4. Asbestos-containing
materials removed, shall be immediately bagged or wrapped, or kept wetted until
transferred to a closed receptacle, no later than the end of the work
shift.
(F) Alternative
Work Practices and Controls. Instead of the work practices and controls listed
in subsections (g)(8)(A) through (E) of this section, the employer may use
different or modified engineering and work practice controls if the following
provisions are complied with.
1. The employer
shall demonstrate by data representing employee exposure during the use of such
method under conditions which closely resemble the conditions under which the
method is to be used, that employee exposure will not exceed the PELs under any
anticipated circumstances.
2. A
qualified person shall evaluate the work area, the projected work practices and
the engineering controls, and shall certify in writing, that the different or
modified controls are adequate to reduce direct and indirect employee exposure
to below the PELs under all expected conditions of use and that the method
meets the requirements of this standard. The evaluation shall include and be
based on data representing employee exposure during the use of such method
under conditions which closely resemble the conditions under which the method
is to be used for the current job, and by employees whose training and
experience are equivalent to employees who are to perform the current
job.
(9) Work
Practices and Engineering Controls for Class III asbestos work. Class III
asbestos work shall be conducted using engineering and work practice controls
which minimize the exposure to employees performing the asbestos work and to
bystander employees.
(A) The work shall be
performed using wet methods.
(B) To
the extent feasible, the work shall be performed using local exhaust
ventilation.
(C) Where the
disturbance involves drilling, cutting, abrading, sanding, chipping, breaking,
or sawing of thermal system insulation or surfacing material, the employer
shall use impermeable dropcloths and shall isolate the operation using
mini-enclosures or grove bag systems pursuant to subsection (g)(5) of this
section or another isolation method.
(D) Where the employer does not demonstrate
by a negative exposure assessment performed in compliance with subsection
(f)(2)(C) of this section that the PELs will not be exceeded, or where
monitoring results show exceedances of a PEL, the employer shall contain the
area using impermeable dropcloths and plastic barriers or their equivalent, or
shall isolate the operation using mini-enclosure or glove bag systems pursuant
to subsection (g)(5) of this section.
(E) Employees performing Class III jobs which
involve the disturbance of TSI or surfacing ACM or PACM or where the employer
does not demonstrate by a "negative exposure assessment" in compliance with
subsection (f)(2)(C) of this section that the PELs will not be exceeded or
where monitoring results show exceedances of the PEL, shall wear respirators
which are selected, used and fitted pursuant to provisions of subsection (h) of
this section.
(10) Class
IV asbestos work. Class IV asbestos jobs shall be conducted by employees
trained pursuant to the asbestos training program set out in subsection (k)(9)
of this section. In addition, all Class IV jobs shall be conducted in
conformity with the requirements set out in subsection (g)(1) of this section,
mandating wet methods, HEPA vacuums, and prompt clean up of debris containing
ACM or PACM.
(A) Employees cleaning up debris
and waste in a regulated area where respirators are required shall wear
respirators which are selected, used and fitted pursuant to provisions of
subsection (h) of this section.
(B)
Employers of employees cleaning up waste and debris in an area where friable
TSI or surfacing ACM/PACM is accessible, shall assume that such waste and
debris contain asbestos.
(11) Specific compliance methods for brake
and clutch repair:
(A) Engineering controls
and work practices for brake and clutch repair and service. During automotive
brake and clutch inspection, disassembly, repair and assembly operations, the
employer shall institute engineering controls and work practices to reduce
employee exposure to materials containing asbestos using a negative pressure
enclosure/HEPA vacuum system method or low pressure/wet cleaning method, which
meets the detailed requirements set out in Appendix L to this section. The
employer way also comply using an equivalent method which follows written
procedures which the employer demonstrates can achieve results equivalent to
Method A. For facilities in which no more than 5 pairs of brakes or 5 clutches
are inspected, disassembled, repaired, or assembled per week, the method set
for in subsection [D] of Appendix L to this section may be used.
(B) The employer may also comply by using an
equivalent method which follows written procedures, which the employer
demonstrates can achieve equivalent exposure reductions as do the two
"preferred methods." Such demonstration must include monitoring data conducted
under workplace conditions closely resembling the process, type of asbestos
containing materials, control method, work practices and environmental
conditions under which the equivalent method will be used, or objective data,
which document that under all reasonably foreseeable conditions of brake and
clutch repair applications, the method results in exposures which are
equivalent to the methods set out in Appendix L to this
section.
(12) Alternative
methods of compliance for installation, removal, repair, and maintenance of
certain roofing materials and pipeline coating materials. Notwithstanding any
other provision of this section, an employer who complies with all provisions
of this subsection (g)(12) when installing, removing, repairing, or maintaining
intact pipeline asphaltic wrap, or roof cements, mastics, coatings, or
flashings which contain asbestos fibers encapsulated or coated by bituminous or
resinous compounds shall be deemed to be in compliance with this section. If an
employer does not comply with all provisions of this subsection (g)(12), or if
during the course of the job the material does not remain intact, the
provisions of subsection (g)(8) of this section apply instead of this
subsection (g)(12).
(A) Before work begins
and as needed during the job, a qualified person who is capable of identifying
asbestos hazards in the workplace and selecting the appropriate control
strategy for asbestos exposure, and who has the authority to take prompt
corrective measures to eliminate such hazards, shall conduct an inspection of
the worksite and determine that the roofing material is intact and will likely
remain intact.
(B) All employees
performing work covered by this subsection (g)(12) shall be trained in a
training program that meets the requirements of subsection (k)(9)(H) of this
section.
(C) The material shall not
be sanded, abraded, or ground. Manual methods which do not render the material
non-intact shall be used.
(D)
Material that has been removed from a roof shall not be dropped or thrown to
the ground. Unless the material is carried or passed to the ground by hand, it
shall be lowered to the ground via covered, dust-tight chute, crane or hoist.
All such material shall be removed from the roof as soon as is practicable, but
in any event no later than the end of the work shift.
(E) Where roofing products which have been
labeled as containing asbestos pursuant to subsection (k)(8) of this section
are installed on non-residential roofs during operations covered by this
subsection (g)(12), the employer shall notify the building owner of the
presence and location of such materials no later than the end of the
job.
(F) All removal or disturbance
of pipeline asphaltic wrap shall be performed using wet
methods.
(h)
Respiratory protection.
(1) General. For
employees who use respirators required by this section, the employer must
provide respirators that comply with the requirements of this subsection.
Respirators must be used during:
(A) Class I
asbestos work.
(B) Class II
asbestos work where the ACM is not removed in a substantially intact
state.
(C) Class II and III
asbestos work which is not performed using wet methods, provided, however, that
respirators need not be worn during removal of ACM from sloped roofs when a
negative exposure assessment has been made and the ACM is removed in an intact
state.
(D) Class II and III
asbestos work for which a "negative exposure assessment" has not been
conducted.
(E) Class III asbestos
work where TSI or surfacing ACM or PACM is being disturbed.
(F) Class IV asbestos work performed within
regulated areas where employees performing other work are required to wear
respirators.
(G) Work operations
covered by this section where employees are exposed above the TWA or excursion
limit.
(H)
Emergencies.
(2)
Respirator program.
(A) The employer must
implement a respiratory protection program in accordance with section
5144 (b) through
(d) (except (d)(1)(C)), and (f) through
(m).
(B) No employee shall be
assigned to asbestos work that requires respirator use if, based on their most
recent medical examination, the examining physician determines that the
employee will be unable to function normally while using a respirator, or that
the safety or health of the employee or other employees will be impaired by the
employee's respirator use. Such employees must be assigned to another job or
given the opportunity to transfer to a different position that they can
perform. If such a transfer position is available, it must be with the same
employer, in the same geographic area, and with the same seniority, status,
rate of pay, and other job benefits the employee had just prior to such
transfer.
(3) Respirator
selection.
(A) The employer shall select, and
provide to employees, the appropriate respirators specified in Section
5144(d)(3)(A)1;
however, employers shall not select or use filtering facepiece respirators for
use against asbestos fibers.
(B)
Employer shall inform employees that they may require the employer to provide a
tight-fitting, powered air-purifying respirator (PAPR) permitted for use under
subsection (h)(3)(A) instead of a negative pressure respirator.
(C) The employer shall provide a tight
fitting powered, air- purifying respirator in lieu of any negative-pressure
respirator whenever:
1. An employee chooses to
use this type of respirator; and
2.
this respirator will provide adequate protection to the
employee.
(D) Employers
shall provide HEPA filters for powered and non-powered air-purifying
respirators.
(E) Employers shall
provide employees with an air-purifying, half mask respirator, other than a
filtering facepiece respirator; whenever the employees perform:
1. Class II or Class III asbestos work for
which no negative exposure assessment is available.
2. Class III asbestos work involving
disturbance of TSI or surfacing ACM or PACM.
(F) In addition to the above selection
criteria, the employer shall provide a tight-fitting air purifying respirator
equipped with high efficiency filters or a full facepiece supplied air
respirator operated in the pressure demand mode equipped with HEPA egress
cartridges or an auxiliary positive pressure self contained breathing apparatus
for all employees within the regulated area where Class I work is being
performed for which a negative exposure assessment has not been produced and,
the exposure assessment indicates the exposure level will not exceed 1 f/cc, as
an 8-hour time weighted average. A full facepiece supplied air respirator
operated in the pressure demand mode equipped with an auxiliary positive
pressure self-contained breathing apparatus shall be provided under such
conditions, if the exposure assessment indicates exposure levels above 1 f/cc
as an 8-hour time weighted average.
(i) Protective clothing.
(1) General. The employer shall provide and
require the use of protective clothing, such as coveralls or similar whole-body
clothing, head coverings, gloves, and foot coverings for any employee exposed
to airborne concentrations of asbestos that exceed the TWA and/or excursion
limit prescribed in subsection (c) of this section, or for which a required
negative exposure assessment is not produced, or for any employee performing
Class I operations which involve the removal of over 25 linear or 10 square
feet of TSI or surfacing ACM or PACM.
(2) Laundering.
(A) The employer shall ensure that laundering
of contaminated clothing is done so as to prevent the release of airborne
asbestos in excess of the TWA or excursion limit prescribed in subsection (c)
of this section.
(B) Any employer
who gives contaminated clothing to another person for laundering shall inform
such person of the requirement in subsection (i)(2)(A) of this section to
effectively prevent the release of airborne asbestos in excess of the TWA
excursion limit prescribed in subsection (c) of this
section.
(3) The employer
shall ensure that contaminated contaminated clothing shall be transported in
sealed impermeable bags, or other closed, impermeable containers, and be
labeled in accordance with subsection (k) of this section.
(4) Inspection of protective clothing.
(A) The qualified person shall examine
worksuits worn by employees at least once per workshift for rips or tears that
may occur during performance of work.
(B) When rips or tears are detected while an
employee is working, rips and tears shall be immediately mended, or the
worksuit shall be immediately replaced.
(j) Hygiene facilities and practices for
employees.
(1) Requirements for employees
performing Class I asbestos jobs involving over 25 linear or 10 square feet of
TSI or surfacing ACM and PACM.
(A)
Decontamination areas: For all Class I jobs involving over 25 linear or 10
square feet of TSI or surfacing ACM or PACM, the employer shall establish a
decontamination area that is adjacent and connected to the regulated area for
the decontamination of such employees. The decontamination area shall consist
of an equipment room, shower area, and clean room in series. The employer shall
ensure that employees enter and exit the regulated area through the
decontamination area.
1. Equipment room. The
equipment room shall be supplied with impermeable, labeled-bags and containers
for the containment and disposal of contaminated protective
equipment.
2. Shower area. Shower
facilities shall be provided which comply with Section
3366(f) of the
General Industry Safety Orders, unless the employer can demonstrate that they
are not feasible. The showers shall be adjacent both to the equipment room and
the clean room, unless the employer can demonstrate that this location is not
feasible. Where the employer can demonstrate that it is not feasible to locate
the shower between the equipment room and the clean room, or where the work is
performed outdoors, or when the work involving asbestos exposure takes place on
board a ship, the employer shall ensure that employees:
A. Remove asbestos contamination from their
worksuits in the equipment room using a HEPA vacuum before proceeding to a
shower that is not adjacent to the work area; or
B. Remove their contaminated worksuits in the
equipment room, then don clean worksuits, and proceed to a shower that is not
adjacent to the work area.
3. Clean change room. The clean room small be
equipped with a locker or appropriate storage container for each employee's
use. When the employer can demonstrate that it is not feasible to provide a
clean change area adjacent to the work area, or where the work is performed
outdoors, or when the work takes place aboard a ship, the employer may permit
employees engaged in Class I asbestos jobs to clean their protective clothing
with a portable HEPA-equipped vacuum before such employees leave the regulated
area. Following showering, such employees however must then change into street
clothing in clean change areas provided by the employer which otherwise meet
the requirements of this section.
(B) Decontamination area entry procedures.
The employer shall ensure that employees:
1.
Enter the decontamination area through the clean room;
2. Remove and deposit street clothing within
a locker provided for their use;
3.
Put on protective clothing and respiratory protection before leaving the clean
room; and
4. Before entering the
regulated area, the employer shall ensure that employees pass through the
equipment room.
(C)
Decontamination area exit procedures. The employer shall ensure that:
1. Before leaving the regulated area,
employees shall remove all gross contamination and debris from their protective
clothing.
2. Employees shall remove
their protective clothing in the equipment room and deposit the clothing in
labeled impermeable bags or containers.
3. Employees shall not remove their
respirators in the equipment room.
4. Employees shall shower prior to entering
the clean room.
5. After showering,
employees shall enter the clean room before changing into street
clothes.
(D) Lunch Areas.
Whenever food or beverages are consumed at the worksite where employees are
performing Class I asbestos work, the employer shall provide lunch areas in
which the airborne concentrations of asbestos are below the permissible
exposure limit and/or excursion limit.
(2) Requirements for Class I work involving
less than 25 linear or 10 square feet of TSI or surfacing and PACM, and for
Class II and Class III asbestos work operations where exposures exceed a PEL or
where there is no negative exposure assessment produced before the operation.
(A) The employer shall establish an equipment
room or area that is adjacent to the regulated area for the decontamination of
employees and their equipment which is contaminated with asbestos which shall
consist of an area covered by a impermeable drop cloth on the floor/deck or
horizontal working surface.
(B) The
area must be of sufficient size as to accommodate cleaning of equipment and
removing personal protective equipment without spreading contamination beyond
the area (as determined by visible accumulations).
(C) Work-clothing must be cleaned with a HEPA
vacuum before it is removed.
(D)
All equipment and surfaces of containers filled with ACM must be cleaned prior
to removing them from the equipment room or area.
(E) The employer shall ensure that employees
enter and exit the regulated area through the equipment room or
area.
(3) Requirements
for Class IV work. Employers shall ensure that employees performing Class IV
work within a regulated area comply with the hygiene practice required of
employees performing work which has a higher classification within that
regulated area. Otherwise employers of employees cleaning up debris and
material which is TSI or surfacing ACM or identified as PACM shall provide
decontamination facilities for such employees which are required by subsection
(j)(2) of this section.
(4) Smoking
in work areas. The employer shall ensure that employees do not smoke in work
areas where they are occupationally exposed to asbestos because of activities
in that work area.
(k)
Communication of hazards.
(1) This section
applies to the communication of information concerning asbestos hazards in
shipyard employment activities to facilitate compliance with this standard.
Most asbestos-related shipyard activities involve previously installed building
materials. Building/vessel owners often are the only and/or best sources of
information concerning them. Therefore, they, along with employers of
potentially exposed employees, are assigned specific information conveying and
retention duties under this section.
Installed Asbestos Containing Building/Vessel Material:
Employers and building/vessel owners shall identify TSI and sprayed or troweled
on surfacing materials as asbestos-containing unless the employer, by complying
with subsection (k)(5) of this section determines that the material is not
asbestos-containing. Asphalt or vinyl flooring/decking material installed in
buildings or vessels no later than 1980 must also be considered as asbestos
containing unless the employer/owner, pursuant to subsection (g)(8)(A)9. of
this section determines it is not asbestos containing.
If the employer or building/vessel owner has actual
knowledge or should have known, through the exercise of due diligence, that
materials other than TSI and sprayed-on or troweled-on surfacing materials are
asbestos-containing, they must be treated as such. When communicating
information to employees pursuant to this standard, owners and employers shall
identify "PACM" as ACM. Additional requirements relating to communication of
asbestos work on multi- employer worksites are set out in subsection (d) of
this standard.
(2) Duties of
building/vessel and facility owners.
(A)
Before work subject to this standard is begun, building/vessel and facility
owners shall determine the presence, location, and quantity of ACM and/or PACM
at the work site pursuant to this subsection (k)(1) of this section.
(B) Building/vessel and/or facility owners
shall notify the following persons of the presence, location and quantity of
ACM or PACM, at work sites in their buildings/facilities/vessels. Notification
either shall be in writing or shall consist of a personal communication between
the owner and the person to whom notification must be given or their authorized
representatives:
1. Prospective employers
applying or bidding for work whose employees reasonably can be expected to work
in or adjacent to areas containing such material;
2. Employees of the owner who will work in or
adjacent to areas containing such material;
3. On multi-employer worksites, all employers
of employees who will be performing work within or adjacent to areas containing
such materials; and
4. Tenants who
will occupy areas containing such materials.
(3) Duties of employers whose employees
perform work subject to this standard in or adjacent to areas containing ACM
and PACM. Building/vessel and facility owners whose employees perform such work
shall comply with these provisions to the extent applicable.
(A) Before work in areas containing ACM and
PACM is begun, employers shall identify the presence, location, and quantity of
ACM, and/or PACM therein pursuant to subsection (k)(1) of this
section.
(B) Before work under this
standard is performed employers of employees who will perform such work shall
inform the following persons of the location and quantity of ACM and/or PACM
present at the work site and the precautions to be taken to insure that
airborne asbestos is confined to the area:
1.
Owners of the building/vessel or facility; and
2. Employees who will perform such work and
employers of employees who work and/or will be working in adjacent
areas.
(C) Within 10 days
of the completion of such work, the employer whose employees have performed
work subject to this standard, shall inform the building/vessel or facility
owner and employers of employees who will be working in the area of the current
location and quantity of PACM and/or ACM remaining in the former regulated area
and final monitoring results, if any.
(4) In addition to the above requirements,
all employers who discover ACM and/or PACM on a work site shall convey
information concerning the presence, location and quantity of such newly
discovered ACM and/or PACM to the owner and to other employers of employees
working at the work site, within 24 hours of the discovery.
(5) Criteria to rebut the designation of
installed material as PACM.
(A) At any time,
an employer and/or building/vessel owner may demonstrate, for purposes of this
standard, that PACM does not contain asbestos. Building/vessel owners and/or
employers are not required to communicate information about the presence of
building material for which such a demonstration pursuant to the requirements
of subsection (k)(5)(B) of this section has been made. However, in all such
cases, the information, data and analysis supporting the determination that
PACM does not contain asbestos, shall be retained pursuant to subsection (n) of
this section.
(B) An employer or
owner may demonstrate that PACM does not contain more than 1% asbestos by the
following:
1. Having a completed inspection
conducted pursuant to the requirements of AHERA (40 CFR Part 763, Subpart E)
which demonstrates that the material is not ACM or;
2. Performing tests of the material
containing PACM which demonstrate that no ACM is present in the material. Such
tests shall include analysis of bulk samples collected in the manner described
in 40 CFR
763.86. The tests, evaluation and sample
collection shall be conducted by an accredited inspector or by a CIH. Analysis
of samples shall be performed by persons or laboratories with proficiency
demonstrated by current successful participation in a nationally recognized
testing program such as the National Voluntary Laboratory Accreditation Program
(NVLAP) or the National Institute for Standards and Technology (NIST) or the
Round Robin for bulk samples administered by the American Industrial Hygiene
Association (AIHA), or an equivalent nationally-recognized round robin testing
program.
(C) The employer
and/or building/ vessel owner may demonstrate that flooring material including
associated mastic and backing does not contain asbestos, by a determination of
an industrial hygienist based upon recognized analytical techniques showing
that the material is not ACM.
(6) At the entrance to mechanical rooms/areas
in which employees reasonably can be expected to enter and which contain TSI or
surfacing 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.
(7) Hazard communication.
(A) Labels shall be affixed to all products
containing asbestos and to all containers containing such products, including
waste containers. Where feasible, installed asbestos products shall contain a
visible label.
(B) General. The
employer shall include asbestos in the program established to comply with the
Hazard Communication Standard (HCS) (Section
5194). The employer shall ensure
that each employee has access to labels on containers of asbestos and safety
data sheets, and is trained in accordance with the provisions of the HCS and
subsection (k)(9) of this section. The employer shall ensure that at least the
following hazards are addressed: Cancer and lung effects.
(C) Labels.
1. The employer shall ensure that labels of
bags or containers of protective clothing and equipment, scrap, waste, and
debris containing asbestos fibers bear the following information:
DANGER CONTAINS ASBESTOS FIBERS MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS DO NOT BREATHE DUST AVOID CREATING
DUST
2.
a. Prior to June 1, 2015, employers may
include the following information on raw materials, mixtures or labels of bags
or containers of protective clothing and equipment, scrap, waste, and debris
containing asbestos fibers in lieu of the labeling requirements in subsections
(k)(7)(B) and (k)(7)(C)1. of this section:
DANGER CONTAINS ASBESTOS FIBERS AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD
b. Labels shall also contain a warning
statement against breathing asbestos fibers.
(D) The provisions for labels required in
subsection (k)(7) of this section do not apply where:
1. Asbestos fibers have been modified by a
bonding agent, coating, binder, or other material, provided that the
manufacturer can demonstrate that, during any reasonably foreseeable use,
handling, storage, disposal, processing, or transportation, no airborne
concentrations of asbestos fibers in excess of the permissible exposure limit
and/or excursion limit will be released, or
2. Asbestos is present in a product in
concentrations less than 1.0 percent.
(8) Signs.
(A) Warning signs that demarcate the
regulated area shall be provided and displayed at each location where a
regulated area is required to be established by subsection (e) of this section.
Signs shall be posted at such a distance from such a location that an employee
may read the signs and take necessary protective steps before entering the area
marked by the signs.
(B) The
warning signs required by subsection (k)(8) of this section shall bear the
following legend.
DANGER
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY
(C) In addition, where the use of respirators
and protective clothing is required in the regulated area under this section,
the warning signs shall include the following:
WEAR RESPIRATORY PROTECTION
AND PROTECTIVE CLOTHING IN THIS AREA
(D) The employer shall ensure that employees
working in and contiguous to regulated areas comprehend the warning signs
required to be posted by subsection (k)(8) of this section. Means to ensure
employee comprehension may include the use of foreign languages, pictographs,
and graphics.
(E) 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 subsection (k)(6) of this section may be posted in lieu of labels,
so long as they contain information required for labeling. 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.
(F) Prior to June 1,
2016, employers may use the following legend in lieu of that specified in
subsection (k)(8)(B) of this section:
DANGER
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY
(G) Prior to June 1, 2016, employers may use
the following legend in lieu of that specified in subsection (k)(8)(C) of this
section:
RESPIRATORS AND PROTECTIVE CLOTHING
ARE
REQUIRED IN THIS AREA
(9) Employee Information and Training.
(A) The employer shall, at no cost to the
employee, institute a training program for all employees who are likely to be
exposed in excess of a PEL and for all employees who perform Class I through IV
asbestos operations, and shall ensure their participation in the
program.
(B) Training shall be
provided prior to or at the time of initial assignment and at least annually
thereafter.
(C) 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).
(D) Training for other Class II work.
1. For work with asbestos containing material
involving roofing materials, flooring materials, siding materials, ceiling
tiles, or transite panels, training shall include at a minimum all the elements
included in subsection (k)(9)(H) of this section and in addition, the specific
work practices and engineering controls set forth in subsection (g) of this
section which specifically relate to that category. Such course shall include
"hands-on" training and shall take at least 8 hours.
2. An employee who works with more than one
of the categories of material specified in subsection (k)(9)(D)1. 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.
3. For Class II
operations not involving the categories of material specified in subsection
(k)(9)(D)1. of this section, training shall be provided which shall include at
a minimum all the elements included in subsection (k)(9)(H) of this section and
in addition, the specified work practices and engineering controls set forth in
subsection (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.
(E) 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
qualified 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 subsection (k)(9)(H) of this section and
in addition, the specific work practices and engineering controls set forth in
subsection (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.
(F) Training for employees performing Class
IV operations 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)(1). Such a course
shall include available information concerning the locations of thermal system
insulation and surfacing ACM/PACM, and asbestos-containing flooring material,
or flooring material where the absence of asbestos has not yet been certified;
and instruction in recognition of damage, deterioration, and delamination of
asbestos containing building materials. Such course shall take at least 2
hours.
(G) Training for employees
who are likely to be exposed in excess of the PEL and who are not otherwise
required to be trained under subsection (k)(9)(C) through (F) of this section,
shall meet the requirements of subsection (k)(9)(H) of this section.
(H) The training program shall be conducted
in a manner that the employee is able to understand. In addition to the content
required by provisions in subsections (k)(9)(C) through (F) of this section,
the employer shall ensure that each such employee is informed of the following:
1. Methods of recognizing asbestos, including
the requirement in subsection (k)(1) of this section to presume that certain
building materials contain asbestos;
2. The health effects associated with
asbestos exposure;
3. The
relationship between smoking and asbestos in producing lung cancer;
4. The nature of operations that could result
in exposure to asbestos, the importance of necessary protective controls to
minimize exposure including, as applicable, engineering controls, work
practices, respirators, housekeeping procedures, hygiene facilities, protective
clothing, decontamination procedures, emergency procedures, and waste disposal
procedures, and any necessary instruction in the use of these controls and
procedures; where Class III and IV work will be or is performed, the contents
of EPA 20T-2003, "Managing Asbestos In-Place" July 1990 or its equivalent in
content;
5. The purpose, proper
use, fitting instructions, and limitations of respirators as required by
section 1531;
6. The appropriate work practices for
performing the asbestos job;
7.
Medical surveillance program requirements;
8. The content of this standard including
appendices;
9. The names, addresses
and phone numbers of public health organizations which provide information,
materials and/or conduct programs concerning smoking cessation. The employer
may distribute the list of such organizations contained in Appendix J to this
section to comply with this requirement; and
10. The requirements for posting signs and
affixing labels and the meaning of the required legends for such signs and
labels.
(10)
Access to training materials.
(A) The
employer shall make readily available to affected employees without cost,
written materials relating to the employee training program, including a copy
of this regulation.
(B) The
employer shall provide to the Chief and the Director, upon request, all
information and training materials relating to the employee information and
training program.
(C) The employer
shall inform all employees concerning the availability of self-help smoking
cessation program material. Upon employee request, the employer shall
distribute such material, consisting of NIH Publication No, 89-1647, or
equivalent self-help material, which is approved or published by a public
health organization listed in Appendix J to this
section.
(l)
Housekeeping
(1) Vacuuming. Where vacuuming
methods are selected, HEPA filtered vacuuming equipment must be used. The
equipment shall be used and emptied in a manner that minimizes the reentry of
asbestos into the workplace.
(2)
Waste disposal. Asbestos waste, scrap, debris, bags, containers, equipment, and
contaminated clothing consigned for disposal shall be collected and disposed of
in sealed, labeled, impermeable bags or other closed, labeled, impermeable
containers except in roofing operations, where the procedures specified in
subsection (g)(8)(B) of this section apply.
(3) Care of asbestos-containing flooring/deck
material.
(A) All vinyl and asphalt
flooring/deck material shall be maintained in accordance with this subsection
unless the building/facility owner demonstrates, pursuant to subsection
(g)(8)(A)9. of this section, that the flooring/deck does not contain
asbestos.
(B) Sanding of
flooring/deck material is prohibited.
(C) Stripping of finishes shall be conducted
using low abrasion pads at speeds lower than 300 rpm and wet methods.
(D) Burnishing or dry buffing may be
performed only on flooring/deck which has sufficient finish so that the pad
cannot contact the flooring/deck material.
(4) Waste and debris and accompanying dust in
an area containing accessible thermal system insulation or surfacing ACM/PACM
or visibly deteriorated ACM:
(A) shall not be
dusted or swept dry, or vacuumed without using a HEPA filter;
(B) shall be promptly cleaned up and disposed
of in leak tight containers.
(m) Medical surveillance
(1) General
(A) Employees covered.
1. 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 the permissible 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.
2. For employees otherwise
required by this standard to wear a negative pressure respirator, employers
shall ensure employees are physically able to perform the work and use the
equipment. This determination shall be made under the supervision of a
physician.
(B)
Examination.
1. The employer shall ensure that
all medical examinations and procedures are performed by or under the
supervision of a licensed physician, and are provided at no cost to the
employee and at a reasonable time and place.
2. Persons other than such licensed
physicians who administer the pulmonary function testing required by this
section shall complete a training course in spirometry sponsored by an
appropriate academic or professional institution.
(2) Medical examinations and consultations.
(A) Frequency. The employer shall make
available medical examinations and consultations to each employee covered under
subsection (m)(1)(A) of this section on the following schedules:
1. Prior to assignment of the employee to an
area where negative-pressure respirators are worn;
2. When the employee is assigned to an area
where exposure to asbestos may be at or above the permissible exposure limit
for 30 or more days per year, or engage in Class I, II, or III work for a
combined total of 30 or more days per year, a medical examination must be given
within 10 working days following the thirtieth day of exposure;
3. And at least annually
thereafter.
4. If the examining
physician determines that any of the examinations should be provided more
frequently than specified, the employer shall provide such examinations to
affected employees at the frequencies specified by the physician.
5. Within 30 calendar days before or after
termination of employment.
6.
Exception: No medical examination is required of any employee if adequate
records show that the employee has been examined in accordance with this
subsection within the past 1-year period.
(B) Content. Medical examinations made
available pursuant to subsections (m)(2)(A)l. through (m)(2)(A)3. of this
section shall include:
1. A medical and work
history with special emphasis directed to the pulmonary, cardiovascular, and
gastrointestinal systems.
2. On
initial examination, the standard questionnaire contained in Part 1 of Appendix
D to this section and, on annual examination, the abbreviated standardized
questionnaire contained in Part 2 of Appendix D to this section.
3. A physical examination directed to the
pulmonary and gastrointestinal systems, including a chest, x-ray to be
administered in accordance with Table 2 below, and pulmonary function tests of
forced vital capacity (FVC) and forced expiratory volume at one second
(FEV(1)). interpretation and classification of chest roentgenogram shall be
conducted in accordance with Appendix E to this section.
TABLE 2 FREQUENCY OF CHEST X-RAYS
| YEARS SINCE FIRST |
AGE OF
EMPLOYEE |
| EXPOSURE | LESS
THAN 40 | 40 AND OLDER |
| 0-10 | EVERY
3
YEARS | ANNUALLY* |
| 10+ | ANNUALLY* | ANNUALLY* |
* Oblique x-rays need only be performed every 3
years.
4. Any other
examinations or tests deemed necessary by the examining
physician.
(3)
Information provided to the physician. The employer shall provide the following
information to the examining physician:
(A) A
copy of this standard and Appendices D, E, and I to this section;
(B) A description of the affected employee's
duties as they relate to the employee's exposure;
(C) The employee's representative exposure
level or anticipated exposure level;
(D) A description of any personal protective
and respiratory equipment used or to be used; and
(E) Information from previous medical
examinations of the affected employee that is not otherwise available to the
examining physician.
(4)
Physician's written opinion.
(A) The employer
shall obtain a written opinion from the examining physician. This written
opinion shall contain the results of the medical examination and shall include:
1. The physician's opinion as to whether the
employee has any detected medical conditions that would place the employee at
an increased risk of material health impairment from exposure to
asbestos;
2. Any recommended
limitations on the employee or on the use of personal protective equipment such
as respirators; and
3. A statement
that the employee has been informed by the physician of the results of the
medical examination and of any medical conditions that may result from asbestos
exposure.
4. A statement that the
employee has been informed by the physician of the increased risk of lung
cancer attributable to the combined effect of smoking and asbestos
exposure.
(B) The
employer shall instruct the physician not to reveal in the written opinion
given to the employer specific findings or diagnoses unrelated to occupational
exposure to asbestos.
(C) The
employer shall provide a copy of the physician's written opinion to the
affected employee within 30 days from its
receipt.
(n)
Recordkeeping.
(1) Objective data relied on
pursuant to subsection (f) of this section.
(A) Where the employer has relied on
objective data that demonstrates that products made from or containing asbestos
or the activity involving such products or material are not capable of
releasing fibers of asbestos in concentrations at or above the permissible
exposure limit and/or excursion limit under the expected conditions of
processing, use, or handling to satisfy the requirements of subsection (f) of
this section, the employer shall establish and maintain an accurate record of
objective data reasonably relied upon in support of the exemption.
(B) The record shall include at least the
following information:
1. The product
qualifying for exemption;
2. The
source of the objective data;
3.
The testing protocol, results of testing, and/or analysis of the material for
the release of asbestos;
4. A
description of the operation exempted and how the data support the exemption;
and
5. Other data relevant to the
operations, materials, processing, or employee exposures covered by the
exemption. (C) The employer shall maintain this record for the duration of the
employer's reliance upon such objective data.
(2) Exposure measurements.
(A) The employer shall keep an accurate
record of all measurements taken to monitor employee exposure to asbestos as
prescribed in subsection (f) of this section.
NOTE: The employer may utilize the services of qualified
organizations such as industry trade associations and employee associations to
maintain the records required by this section.
(B) This record shall include at least the
following information:
1. The date of
measurement;
2. The operation
involving exposure to asbestos that is being monitored;
3. Sampling and analytical methods used and
evidence of their accuracy;
4.
Number, duration, and results of samples taken;
5. Type of protective devices worn, if any;
and
6. Name, social security
number, and exposure of the employees whose exposures are
represented.
(C) The
employer shall maintain this record for at least thirty (30) years, in
accordance with Section
3204 of the General industry Safety
Orders.
(3) Medical
surveillance.
(A) The employer shall
establish and maintain an accurate record for each employee subject to medical
surveillance by subsection (m) of this section, in accordance with Section
3204 of the General Industry Safety
Orders.
(B) The record shall
include at least the following information:
1. The name and social security number of the
employee;
2. A copy of the
employee's medical examination results, including the medical history,
questionnaire responses, results of any tests, and physician's
recommendations.
3. Physician's
written opinions;
4. Any employee
medical complaints related to exposure to asbestos; and
5. A copy of the information provided to the
physician as required by subsection (m) of this section.
(C) The employer shall ensure that this
record is maintained for the duration of employment plus thirty (30) years, in
accordance with Section
3204 of the General Industry Safety
Orders.
(4) Training
records. The employer shall maintain all employee training records for one (1)
year beyond the last date of employment by that employer.
(5) Data to Rebut PACM: Where the building
owner and employer have relied on data to demonstrate that PACM is not
asbestos-containing, such data shall be maintained for as long as they are
relied upon to rebut the presumption.
(6) Records of Required Notification. Where
the building/vessel owner has communicated and received information concerning
the identity, location and quantity of ACM and PACM, written records of such
notifications and their content shall be maintained by the owner for the
duration of ownership and shall be transferred to successive owners of such
buildings/facilities/vessels.
(7)
Availability.
(A) The employer, upon written
request, shall make all records required to be maintained by this section
available to the Chief and the Director for examination and copying.
(B) The employer, upon request, shall make
any exposure records required by subsections (f) and (n) of this section
available for examination and copying to affected employees, former employees,
designated representatives, and the Chief, in accordance with Section
3204 of the General Industry Safety
Orders.
(C) The employer, upon
request, shall make employee medical records required by subsections (m) and
(n) of this section available for examination and copying to the subject
employee, anyone having the specific written consent of the subject employee,
and the Chief, in accordance with Section
3204 of the General Industry Safety
Orders.
(8) Transfer of
records.
(A) The employer shall comply with
the requirements concerning transfer of records set forth in Section
3204 of the General Industry Safety
Orders.
(B) Whenever the employer
ceases to do business and there is no successor employer to receive and retain
the records for the prescribed period, the employer shall notify the Director
at least 90 days prior to disposal and, upon request, transmit them to the
Director.
(o)
Qualified person.
(1) General. On all
shipyard worksites covered by this standard, the employer shall designate a
qualified person, having the qualifications and authorities for ensuring worker
safety and health required by Sections
1509,
1510,
1512,
1513,
1514,
1523, and
1920 of the Construction Safety
Orders.
(2) Required Inspections by
the Qualified Person. Section
1509(a) of the
Construction Safety Orders which requires health and safety prevention programs
to provide for frequent and regular inspections of the job sites, materials,
and equipment to be made by qualified persons, is incorporated.
(3) Additional Inspections. In addition, the
qualified person shall make frequent and regular inspections of the job sites,
in order to perform the duties set out in subsection (o)(3)(A) of this section.
For Class I jobs, on-site inspections shall be made at least once during each
work shift, and at any time at employee request. For Class II, III, and IV
jobs, on-site inspections shall be made at intervals sufficient to assess
whether conditions have changed, and at any reasonable time at employee
request.
(A) On all worksites where employees
are engaged in Class I or II asbestos work, the qualified person designated in
accordance with subsection (e)(6) of this section shall perform or supervise
the following duties, as applicable:
1. Set up
the regulated area, enclosure, or other containment;
2. Ensure (by on-site inspection) the
integrity of the enclosure or containment;
3. Set up procedures to, control entry to and
exit from the enclosure and/or area;
4. Supervise all employee exposure monitoring
required by this section and ensure that it is conducted as required by
subsection (f) of this section;
5.
Ensure that employees working within the enclosure and/or using glove bags wear
respirators and protective clothing as required by subsections (h) and (i) of
this section;
6. Ensure through
on-site supervision, that employees set up, use, and remove engineering
controls, use work practices and personal protective equipment in compliance
with all requirements;
7. Ensure
that employees use the hygiene facilities and observe the decontamination
procedures specified in subsection (j) of this section;
8. Ensure that through on-site inspection,
engineering controls are functioning property and employees are using proper
work practices; and
9. Ensure that
notification requirements in subsection (k) of this section are
met.
(4)
Training for the competent person;
(A) For
Class I and II asbestos work the qualified person shall be trained in all
aspects of asbestos removal and handling, including: abatement, installation,
removal and handling: the contents of this standard; the identification of
asbestos; removal procedures, where appropriate; and other practices for
reducing the hazard. Such training shall be obtained in a comprehensive course
for supervisors, that meets the criteria of EPA's Model Accredited Plan ( 40
CFR Part 763 Subpart E, Appendix C), such as a course conducted by an
EPA-approved or state-approved training provider, certified by EPA or a state,
or a course equivalent in stringency, content, and length.
(B) For Class III and IV asbestos work, the
qualified person shall be trained in aspects of asbestos handling appropriate
for the nature of the work, to include procedures for setting up glove bags and
mini-enclosures, practices for reducing asbestos exposures, use of wet methods,
the contents of this standard, and the identification of asbestos. Such
training shall include successful completion of a course that is consistent
with EPA requirements for training of local education agency maintenance and
custodial staff as set forth at
40 CFR
763.92(a)(2), or its
equivalent in stringency, content, and length. Qualified persons for Class III
and Class IV work may also be trained pursuant to the requirements of
subsection (o)(4)(A) of this section.
(p) Appendices.
(1) Appendices A, C, D, E, and L to this
section are incorporated as part of this section and the contents of these
appendices are mandatory.
(2)
Appendices B, F, H, I, J, and K to this section are informational and are not
intended to create any additional obligations not otherwise imposed or to
detract from any existing obligations.
(q) Reports of use (User Registration,
Temporary Worksite Notification, and Incident Reporting). See section
5203.
1. New
section and appendicies A-F and H-L filed 5-3-96; operative 7-3-96 (Register
96, No. 18).
2. New subsection (h)(2)(F), amendment of subsections
(k)(6), (k)(8)(F) and (k)(9)(C)-(k)(9)(D)1., new (k)(9)(D)2.-3. and amendment
of subsections (k)(9)(E) and (m)(1)(A)1. filed 10-3-97; operative 10-3-97.
Submitted to OAL for printing only pursuant to Labor Code section
142.3(a)(3)
(Register 97, No. 40).
3. Amendment of former subsections
(h)(1)-(h)(4)(B) including subsection renumbering and relettering resulting in
newly designated subsections (h)(1)-(h)(3)(D)3. filed 8-25-98; operative
11-23-98 (Register 98, No. 35).
4. Change without regulatory effect
amending subsection (h)(2)(B) filed 9-14-98 pursuant to section
100, title 1, California Code of
Regulations (Register 98, No. 38).
5. Amendment of subsection (q)
and repealer of subsections (q)(1)-(4) filed 7-6-99; operative 8-5-99 (Register
99, No. 28).
6. Amendment of subsection (f)(5)(A) and repealer of
subsection (g)(6)(C) filed 7-28-2005; operative 7-28-2005. Submitted to OAL for
printing only pursuant to Labor Code section
142.3(a)(3)
(Register 2005, No. 30).
7. Amendment of subsection (h)(3)(A),
repealer of subsections (h)(3)(D)-(D)3., new subsections (h)(3)(B) and
(h)(3)(D)-(E)2., subsection relettering and amendment of newly designated
subsections (h)(3)(C) and (h)(3)(C)2. filed 3-6-2007; operative 3-6-2007.
Submitted to OAL for printing only pursuant to Labor Code section
142.3(a)(3)
(Register 2007, No. 10).
8. Amendment of subsection (i)(3) and
subsections within subsection (k) filed 5-6-2013; operative 5-6-2013 pursuant
to Labor Code section
142.3(a)(4)(C).
Submitted to OAL for printing only pursuant to Labor Code section
142.3(a)(4)
(Register 2013, No. 19).
9. Amendment of subsection (i)(3) and
subsections within subsection (k) refiled 11-6-2013; operative 11-6-2013
pursuant to Labor Code section
142.3(a)(4)(C).
Submitted to OAL for printing only pursuant to Labor Code section
142.3(a)(4)
(Register 2013, No. 45).
10. Repealer of 11-6-2013 order by
operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No.
19).
11. Amendment of subsection (i)(3) and subsections within
subsection (k) filed 5-5-2014; operative 5-6-2014 pursuant to Government Code
section
11343.4(b)(3)
(Register 2014, No. 19).
Note: Authority cited: Sections
142.3,
6501.5,
9020,
9021.5,
9030 and
9040, Labor
Code. Reference: Sections
142.3,
6501.5,
6501.7,
6501.8,
6501.9,
6502,
9003,
9004(b),
9005,
9006,
9009,
9020,
9021.5,
9030, and
9040, Labor
Code; and Section
25910,
Health and Safety Code.