(a) Scope and application.
(1)
This section applies to all occupational exposures to asbestos in all
industries covered by the Occupational Safety and Health Act, except as
provided in paragraph (a)(2) and (3) of this section.
(2) This section does not apply to
construction work as defined in
29 CFR
1910.12(b). (Exposure to
asbestos in construction work is covered by
29 CFR
1926.1101 ).
(3) This section does not apply to ship
repairing, shipbuilding and shipbreaking employments and related employments as
defined in 29 CFR
1915.4. (Exposure to asbestos in these
employments is covered by 29
CFR 1915.1001 ).
(b) Definitions. Asbestos includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated and/or altered.
Asbestos-containing material (ACM) means
any material containing more than 1% 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 owner is the legal
entity, including a lessee, which exercises control over management and record
keeping functions relating to a building and/or facility 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.
Director means the Director of the
National Institute for Occupational Safety and Health, U.S. Department of
Health and Human Services, or designee.
Employee exposure means that exposure to
airborne asbestos that would occur if the employee were not using respiratory
protective equipment.
Fiber means a particulate form of
asbestos 5 micrometers or longer,with a length-to-diameter ratio of at least 3
to 1.
High-efficiency particulate air (HEPA)
filter means a filter capable of trapping and retaining at least 99.97
percent of 0.3 micrometer diameter mono-disperse particles.
Homogeneous area means an area of
surfacing material or thermal system insulation that is uniform in color and
texture.
Industrial hygienist means a
professional qualified by education, training, and experience to anticipate
recognize, evaluate and develop controls for occupational health
hazards.
PACM means "presumed asbestos containing
material."
Presumed asbestos containing material
means thermal system insulation and surfacing material found in buildings
constructed no later than 1980. The designation of a material as "PACM" may be
rebutted pursuant to paragraph (j)(8) of this section.
Regulated area means an area established
by the employer to demarcate areas where airborne concentrations of asbestos
exceed, or there is a reasonable possibility they may exceed, the permissible
exposure limits.
Surfacing ACM means surfacing material
which contains more than 1% asbestos.
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).
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 means
thermal system insulation which contains more than 1% asbestos.
(c) Permissible exposure limit (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) Exposure monitoring -
(1)
General.(i) 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.
(ii) Representative
8-hour TWA employee exposures shall be determined on the basis of one or more
samples representing full-shift exposures for each shift for each employee in
each job classification 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 each shift for each
job classification in each work area.
(2)
Initial monitoring.
(i) Each employer who has a workplace or work
operation covered by this standard, except as provided for in paragraphs
(d)(2)(ii) and (d)(2)(iii) of this section, shall perform initial monitoring of
employees who are, or may reasonably be expected to be exposed to airborne
concentrations at or above the TWA permissible exposure limit and/or excursion
limit.
(ii) Where the employer has
monitored after March 31, 1992, for the TWA permissible exposure limit and/or
the excursion limit, and the monitoring satisfies all other requirements of
this section, the employer may rely on such earlier monitoring results to
satisfy the requirements of paragraph (d)(2)(i) of this section.
(iii) Where the employer has relied upon
objective data that demonstrate that asbestos is not capable of being released
in airborne concentrations at or above the TWA permissible exposure limit
and/or excursion limit under the expected conditions of processing, use, or
handling, then no initial monitoring is required.
(3)
Monitoring frequency (periodic
monitoring) and patterns. After the initial determinations required by
paragraph (d)(2)(i) of this section, samples shall be of such frequency and
pattern as to represent with reasonable accuracy the levels of exposure of the
employees. In no case shall sampling be at intervals greater than six months
for employees whose exposures may reasonably be foreseen to exceed the TWA
permissible exposure limit and/or excursion limit.
(4)
Changes in monitoring
frequency. If either the initial or the periodic monitoring required
by paragraphs (d)(2) and (d)(3) of this section statistically indicates that
employee exposures are below the TWA permissible exposure limit and/or
excursion limit, the employer may discontinue the monitoring for those
employees whose exposures are represented by such monitoring.
(5)
Additional monitoring.
Notwithstanding the provisions of paragraphs (d)(2)(ii) and (d)(4) of this
section, the employer shall institute the exposure monitoring required under
paragraphs (d)(2)(i) and (d)(3) of this section whenever there has been a
change in the production, process, control equipment, personnel or work
practices that may result in new or additional exposures above the TWA
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 PEL and/or excursion limit.
(6)
Method of monitoring.(i) All
samples taken to satisfy the monitoring requirements of paragraph (d) of this
section shall be personal samples collected following the procedures specified
in appendix A.
(ii) All samples
taken to satisfy the monitoring requirements of paragraph (d) of this section
shall be evaluated using the OSHA Reference Method (ORM) specified in appendix
A of this section, or an equivalent counting method.
(iii) If an equivalent method to the ORM is
used, the employer shall ensure that the method meets the following criteria
(A) Replicate exposure data used to establish
equivalency are collected in side-by-side field and laboratory comparisons
and
(B) The comparison indicates
that 90% of the samples collected in the range 0.5 to 2.0 times the permissible
limit have an accuracy range of plus or minus 25 percent of the ORM results at
a 95% confidence level as demonstrated by a statistically valid protocol
and
(C) The equivalent method is
documented and the results of the comparison testing are maintained.
(iv) To satisfy the monitoring
requirements of paragraph (d) of this section, employers must use the results
of monitoring...
