This notice provides information on a newly promulgated Occupational Safety and Health Administration (OSHA) rule which is applicable to Department of Energy (DOE) facilities according to the requirements contained in DOE Order 5480.4, Environmental Protection, Safety and Health Protection Standards. This is an informal notice only and no response is required.

The Occupational Exposure to Asbestos - Final Rule, 29 CFR 1926.1101, was published in the Federal Register August 10, 1994 (59 FR 40964). Asbestos is present in many facilities throughout the DOE complex. The requirements of DOE Order 5480.4 requires DOE contractors to comply with OSHA standards applicable to their operations.

SUMMARY

The new rule replaces the existing standard, "Occupational Exposure to Asbestos in Construction," 29 CFR 1926.58. It regulates construction industry exposure to asbestos, including chrysotile, amosite, crocidolite, tremolite, anthophyllite, actinolite, as well as any of these minerals that have been chemically treated and/or altered.

In general, much of the language and requirements contained in the new standard are identical to those in the existing standard; there are, however, some significant changes. The primary changes are outlined below to assist you in reviewing your existing procedures and making the necessary modifications to ensure full compliance with the new requirements.

• OSHA has lowered the maximum Permissible Exposure Limit (PEL) from 0.2 fibers/cc to 0.1 fibers/cc. OSHA concluded that accurate measurements lower than 0.1 fibers/cc were inconsistent and difficult to reproduce. Therefore, OSHA has not included an action level for asbestos exposure in the new standard.

• OSHA has included an "excursion" limit for asbestos exposure. It specifies that no employee may be exposed to airborne concentrations of asbestos in excess of 1.0 fibers/cc averages over a period of 30 minutes.

• The new standard introduces the concept of "presumed asbestos containing material" or PACM. The concept of establishing demarcated regulated areas and the requirements for work in these areas is now extended to airborne concentrations of PACM greater than the PEL. This has the potential for increasing dramatically the number of regulated areas which may need to be controlled. Further, the standard establishes requirements that housekeeping staff members in facilities containing PACM be provided asbestos awareness training. Facilities/areas with PACM must be included in the asbestos hazard communication program as outlined by the standard.

• The new standard divides asbestos-related work into four distinct classifications:
  • Class I asbestos work means activities involving the removal of thermal system insulation (TSI) and surfacing asbestos-containing material (ACM) and PACM.
  • Class II asbestos work means activities involving the removal of ACM which is not thermal system insulation or surfacing material. 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 material, is likely to be disturbed.
  • Class IV asbestos work means maintenance and custodial activities during which employees contact ACM and PACM and activities to clean up waste and debris containing ACM and PACM.

• The new standard requires that a regulated area be established wherever Class I, II or III work is performed. Use of critical barriers or other methods of isolating the space must be instituted for removal operations involving as little as 25 linear feet or 10 square feet of TSI or surfacing ACM/PACM.

• The new standard ties the demonstration that PACM does not contain asbestos to the Environmental Protection Agency Asbestos Hazard Emergency Response Act (AHERA) inspection criteria. In addition, the sampling of PACM must now be performed by a certified AHERA inspector or a certified industrial hygienist (CIH).

• The new standard provides specific control methods for minimizing exposure to asbestos fibers under all four work classes. Any change or deviation from specified control methods for Class I work must be approved in writing by a CIH or professional engineer with AHERA Project Designer credentials.

• The new standard presumes that employees are exposed in excess of the time-weighted average (TWA) and excursion limit in Class I asbestos work until exposure monitoring confirms otherwise.

• Levels of respiratory protection are partially mandated according to the level (Class I-IV) of work being performed.

• Upgrades in respiratory protection now are mandated at airborne asbestos fiber concentrations which are 50 percent lower than in the old standard. Regulated areas must be established and demarcated at the new PEL of 0.1 fibers/cc. The lower PEL has the potential for increasing the number of change rooms, showers and lunch rooms associated with asbestos work areas.

• The requirements for communication of hazards to employees have been substantially rewritten and expanded. The standard expands training requirements to include housekeeping staff in the asbestos hazard communication program. In addition, locations of both ACM and PACM areas must be included in the training program.

• OSHA has assigned specific information conveying and retention duties to both facility owners (DOE) and to employers (DOE and contractors). The owner must inform employers of locations of ACM and PACM, retain records of these locations for the duration of ownership and must transfer such records to successive owners. By introducing the concept of PACM, the new standard may require new or supplemental building surveys for PACM.

• The new standard requires that signs be posted at the entrances to areas which employees can enter and which contain TSI, ACM and/or PACM. The signs shall indicate safe work practices. This provision may require a review of language used in asbestos warning signs within DOE facilities or projects.

• The provisions for labels and material safety data sheets (MSDS) have been relaxed for the manufacturers of asbestos-containing products. The old standard exempted materials from the labeling and MSDS requirements if asbestos was present < 0.1 percent. The new standard exempts materials if asbestos is present at < 1 percent.

• The new standard has expanded training requirements for employees that perform Class I through Class IV asbestos operations. The new requirements are based on those developed under AHERA, 40 CFR 763.

• Asbestos-related activities must be supervised by a competent person who meets the requirements of 29 CFR 1926.32(f). Additionally, the competent person for Class I and II work must have completed training as an AHERA Project Designer/Supervisor. Competent persons supervising Class III and IV operations must have additional training for asbestos operations and maintenance as detailed in 40 CFR 763(a)(2).

• The new standard requires a medical surveillance program for all employees engaged for a combined total of 30 or more days per year in Class I, II, and III work or who are exposed at or above the PEL or excursion limit, or who wear negative pressure respirators. Employees enrolled in a medical surveillance program within the last year need not be enrolled again.

Effective Date

The final standard became effective October 11, 1994. In addition, the standard includes start-up dates for several of the specific elements which are detailed as follows:

• Housekeeping

  January 9, 1995

• Medical Surveillance

  January 9, 1995

• Respiratory Protection

  February 8, 1995

• Hygiene Facilities and Work Practices for Employees

  February 8, 1995

• Hazard Communications

  April 10, 1995

• Methods of Compliance, Engineering and Work Practices

  April 10, 1995

• Competent Person-Designation and Training

  April 10, 1995

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