Dear Dr. Finkel:

The manufacturers of insulation and special application glass, rock and slag fiber products (referred hereinafter as synthetic vitreous fibers or "SVF"1) are committed to the continued protection of the health and safety of their employees and the installers of their products. Therefore, the fiber glass and rock and slag wool industries voluntarily recommend a Health and Safety Partnership Program ("HSPP") that will further protect and safeguard workers while simultaneously conserving the regulatory resources of the Occupational Safety and Health Administration ("OSHA"). In addition, NAIMA and its members companies commit to augment the HSPP with "Recommended Work Practices" (see Appendix 1) and a "Stewardship and Product Responsibility Program and Performance Measurement for Synthetic Vitreous Fibers" (see Appendix 2). As more fully described below, the HSPP's health and safety provisions are designed to reduce and address any potential risks raised in the extensive health literature. In conjunction with the HSPP, the manufacturers of insulation and special application glass, rock and slag fiber products announce the implementation of a Product Responsibility Plan ("The Plan"). The Plan will commit manufacturers to produce bio-soluble fibers similar to those that have not been shown to produce irreversible effects following inhalation in laboratory animals (described in Attachment A). Thereby The Plan recognizes that fibers can have different properties. Different fiber formulations are often chosen to impart specific characteristics to the finished product required for its end use. Some characteristics, such as biopersistence or bio-solubility, also may have a role in the potential for the fiber to produce disease in animals. The newly developed fiber differentiation science has prompted the European Union ("EU") to adopt a fiber differentiation system similar to that contained in The Plan.

The North American Insulation Manufacturers Association's ("NAIMA") fiber glass manufacturing members (CertainTeed Corporation, Evanite Fiber Corp., Johns Manville Corporation, Knauf Fiber Glass, Owens Corning, and Western Fiberglass Group) and rock and slag wool (mineral wool) manufacturing members (American Rockwool, Inc.; Fibrex, Inc.; Isolatek International; MFS Incorporated; OCHT; Rock Wool Manufacturing; Roxul, Incorporated; Sloss Industries; and U.S.G. Interiors, Inc.) are committed to the full implementation of this HSPP and The Plan. NAIMA and its member companies seek OSHA's support and endorsement of the HSPP, and the establishment of a cooperative partnership that promotes worker safety. NAIMA and its member companies are not seeking OSHA's endorsement of The Plan referenced above at this time.

NAIMA, representing the SVF industry, recognizes that the HSPP contains pertinent guidance for workers handling SVF products, and, thus, it is desirable for NAIMA and its member companies to promote safe work practices by encouraging employers to utilize the training videos and literature made available through the HSPP. This new effort on the part of industry, as reflected in Appendix 2, builds on a history of product stewardship that should result in a major improvement towards uniformly proper and safe handling of SVF products.

BACKGROUND

Section 6(a) of the Occupational Safety and Health Act of 1970 directed the Secretary of Labor to promulgate, without rulemaking, permissible exposure limits ("PELs") for occupational safety and health based upon federal or national consensus standards. This resulted in the adoption of approximately 400 PELs in 1971. Section 6(b) of the Act set out the procedures for OSHA to follow in updating, revising, and promulgating additional PELs. Recognizing that PELs were becoming out of date with available scientific evidence, OSHA in 1988 instituted a massive multiple substance rulemaking to update 428 PELs in a single rulemaking. This effort became known as the "Air Contaminants" rulemaking.

OSHA issued a final Air Contaminants rule in 1989 for general industry. In June 1992, OSHA proposed to amend PELs for air contaminants in the construction, maritime and agricultural industries. 57 Fed. Reg. at 26,002 (June 12, 1992). As part of this second "Air Contaminants" standard, OSHA proposed addition of a fibrous glass and a mineral wool fiber (rock and slag) category to the Table Z list of air contaminants applicable to all industries.

The proposal, supported by labor and industry, contemplated the imposition of a 1 f/cc PEL for fibrous glass and mineral wool fibers. 57 Fed. Reg. at 26,195. Prior to that proposal, there were no specific OSHA limits governing occupational exposures to fibrous glass>or mineral wool fibers, although these substances are covered by the Agency's 15 mg/m³ (5 mg/m³ respirable) 8-hour TWA limit for all inert dusts and particulates not otherwise regulated. NIOSH has recommended a 5 mg/m³ 8-hour TWA limit for total dust and a 3 fibers/cc limit for airborne fibers less than 3.5 microns in diameter and longer than 10 microns in length. In May 1997, the American Conference of Governmental Industrial Hygienists ("ACGIH") adopted a 1 f/cc TLV for respirable glass wool, special application fibers and mineral wool fibers. Most recently, the State of California Air Contaminants Advisory Committee, on November 7, 1997, formally recommended a 1 f/cc limit for fiber glass.

In 1992, the United States Court of Appeals for the Eleventh Circuit vacated and remanded the entire Air Contaminants rule for general industry. As a result of the court's decision, OSHA withdrew the proposed Air Contaminants rule for the construction industry, including the proposed PEL for fibrous glass and mineral wool fibers. NAIMA's members supported the proposed PEL of 1 f/cc, and were therefore disappointed in the court's decision and subsequent withdrawal of the proposal. Nevertheless, those actions paved the way for a partnership approach for protecting workers.

OSHA's alternative approach was announced in August 1994 in its proposed "Priority Planning Process." This system was designed to prioritize potential occupational safety and health hazards in order to target agency resources for standard setting. The results of OSHA's "Priority Planning Process" were announced on December 13, 1995. Among the eighteen substances identified by OSHA as a priority was "synthetic mineral fibers."

Five of the new priorities were designated for rulemaking and added to OSHA's regulatory calendar. For all the other priorities, including synthetic mineral fibers, OSHA indicated that the Agency "will work with business, labor, the professional community, and the state plan as partners to encourage worker protection without developing new rules at this time." OSHA Priority Planning Process, p. 6. As another acceptable action approach, OSHA endorsed "[v]oluntary approaches [that] seek to correct workplace hazards through cooperative actions." OSHA Priority Planning Process, p. 6. OSHA indicated that three different action approaches would be considered for the priorities not slated for rulemaking: 1) intervention approach; 2) voluntary approach; and 3) informational approach. OSHA Priority Planning Process, p. 6.

Representatives of the fiber glass and mineral wool fiber industries notified OSHA that the industries would be interested in engaging in the voluntary development of health and safety programs. Indeed, OSHA encouraged the development of a non-regulatory initiative in a November 14, 1996 letter from Dr. Adam Finkel to Dr. Joel Bender of Owens Corning. Fiber glass and mineral wool fiber manufacturers have a mutual interest with their employees, customers, installers, trade unions and other stakeholders in ensuring that their products are produced and used safely.

To that end, NAIMA, a trade association representing manufacturers of fiber glass and mineral wool fiber products, has prepared this voluntary proposal to undertake in conjunction with unions and insulation contractors joint action that can further enhance worker safety in the manufacture, installation, removal, and fabrication of glass fiber and mineral wool fiber products. NAIMA is pleased to present for OSHA's support and endorsement an occupational HSPP that covers workers in the manufacturing, fabrication, installation, and removal setting.

THE HSPP PROPOSAL

SCOPE- The HSPP shall apply to the manufacture, fabrication, installation, removal, and other work settings where workers are subject to comparable exposures. The Program also includes compliance with all applicable provisions of the Hazard Communication Standard as already required by law. While NAIMA members are only directly responsible for compliance with these voluntary compliance guidelines in their own operations, NAIMA and its member companies will undertake the activities described herein to educate and encourage compliance with these guidelines by other employers and their workers within the scope of this proposal. As to timing of the Program's implementation and applicability, the HSPP allots to NAIMA and its member companies a period of three years to plan, prepare and arrange all Program components. Implementation of the HSPP will begin immediately and will be phased in over a three-year period. After completion of the three-year implementation phase, the complete initiation of the Program's recommendations and guidelines will commence. During the three-year implementation phase and the first five years of compliance, NAIMA will submit annual reports to OSHA on the Program's performance. At the close of the three-year implementation and five-year compliance periods, NAIMA will consider further voluntary partnerships with OSHA.

PERMISSIBLE EXPOSURE LIMIT ("PEL") - The HSPP establishes a 1 f/cc 8 hour TWA exposure limit for respirable SVF. The HSPP applies to all manufacturing, fabrication, installation, and removal activities. OSHA proposed a 1 f/cc PEL for glass and mineral wool fibers in 1992. The Building and Construction Trades Department, AFL-CIO also supported a 1 f/cc PEL based on its review of the health database in 1991. The ACGIH recommended in May 1997 a 1 f/cc TLV^® 8-hour TWA for SVF. In addition, California's Air Contaminants Advisory Committee has recently recommended a 1 f/cc limit for fiber glass. Where worker exposures can readily be reduced to below 1 f/cc, NAIMA recognizes that it is prudent to do so.

CONTROL MEASURES - NAIMA member companies will use product design, engineering controls, work practices, respiratory protection or a combination thereof to achieve the voluntary 1 f/cc 8 hour TWA exposure limit for SVF. While engineering controls will be emphasized where feasible, industry may utilize other techniques to assure worker protection. NAIMA members will not alter existing product properties that would lead to an increased compliance burden on the part of product users. Where exposures are currently below the voluntary 1 f/cc 8-hour TWA exposure limit, NAIMA's member companies are committed to maintaining those exposures and preventing increased exposure in the work place.

WORK PRACTICES - NAIMA has developed and will implement comprehensive work practices for those working with SVF and update its Work Smart practices in both its video and written format. The work practices will also include recommendations for cost effective engineering controls, proper respirator use, use of protective clothing, and work place guidelines. These work practices demonstrate the industry's product stewardship commitment to identify the best work practices and promote the continuous improvement of the appropriate handling and use of SVF products. The Work Practices are set forth in Appendix 1.

WORKER TRAINING - NAIMA will provide increased health and safety training for employers and their workers by sponsoring and conducting yearly training seminars, including "Train the Trainer" seminars. In addition, NAIMA will also provide training at trade shows and events that are sponsored by the ICAA and the NIA and other events attended by insulation contractors.

NAIMA will develop a communications program to promote and advertise training seminars and other training opportunities. In addition, NAIMA will produce and distribute a pamphlet describing this HSPP. NAIMA will also develop and implement a program to promote and encourage use of the updated Work Smart video tape and accompanying materials.

For details about NAIMA's commitment to measure the fulfillment of specific worker training performance objectives, see Appendix 2.

USER INTERVENTION – For NAIMA's commitment to measure the accomplishment of specific user intervention goals, see Appendix 2.

RESPIRATOR USE - NAIMA and its member companies will support and comply with OSHA's respiratory protection standard. In addition, NAIMA will adopt OSHA's Respiratory Protection Standard, and the OSHA Standard will constitute an industry wide respiratory protection program. NAIMA's training programs and materials will educate employers and their workers about the requirements of OSHA's new respiratory protection standard. The worker must always wear a NIOSH certified dust respirator, N 95 series, when the PEL of 1 f/cc on an eight hour TWA is exceeded or when performing the tasks identified in the following sections of Appendix 1 (Recommended Work Practices): 7.1.1 (blowing SVF insulation in the attic); 7.1.2 (other workers in the immediate area of blowing SVF insulation in attic); 7.2.1 (installer blowing SVF insulation for cavity fill); 7.2.2 (other workers in the immediate area of blowing SVF insulation for cavity fill); 7.7.1 (dumping or pouring unbonded, bulk, specialty filtration fiber products where engineering controls are absent); and 7.8.2 (removal of SVF products during significant repair or demolition activity). By the mutual consent of NAIMA (in consultation with the relevant user group) and OSHA, this list of tasks will be expeditiously modified by deletion or addition of a task where a change is appropriate. For further information on NAIMA's research commitment on proper respirator use, see Appendix 2. As part of the HSPP, NAIMA has committed to sponsor studies with respirator manufacturers to identify effective respirators for protection against fibers. At the conclusion of those studies, NAIMA also commits to communicate the conclusions and findings of the studies to employers and workers.

MEDICAL MONITORING - Manufacturing companies, unless designated a small business by the Small Business Administration, will maintain current medical monitoring programs for workers producing SVF, consistent with acceptable surveillance practice and protocols. NAIMA will provide information to users and employers about the Respiratory Protection Standard. This effort includes the preparation of additional questions to the medical questionnaire portion of the Respiratory Protection Standard that address SVF issues, such as skin irritation.

EXPOSURE MONITORING - NAIMA will continue to develop a database of representative exposure limits for manufacturing and end-use applications for SVF. The data will be organized on a product specific basis (i.e: batts and blankets, loose fill insulation with binder, loose fill insulation without binder, battery separator mats, aerospace insulation, liquid filtration media, and filters). Data will be presented by job function and intended use on a product basis. The core of this database will be the compendium of results submitted to NIOSH in 1990 supplemented with data from individual manufacturers that will be collected through the year 2003. This database will be provided to OSHA during the initial phase of the HSPP, and updated on an annual basis thereafter for a period not to exceed three years. For other details on exposure monitoring and specific exposure monitoring performance measurements, see Appendix 2.

QUALITY ASSURANCE/QUALITY CONTROL – For details on Quality Assurance and Control and specific performance measurements, see Appendix 2.

REPORTING - NAIMA will provide annual reports to OSHA for the three years of implementation. These reports will detail specific activities undertaken by industry to communicate the HSPP to the fiber glass and mineral wool manufacturing, installation industry, and other parties specified herein or as deemed appropriate by NAIMA and its member companies. NAIMA will continue to provide annual report during the first five years of compliance. These reports will provide information on Program performance accompanied with specific measurements on performance as described in Appendix 2.

OSHA may make the reports available to affected employee organizations. In addition, NAIMA will keep OSHA officials informed of significant developments in the scientific and medical assessment of fiber glass and mineral wool products. NAIMA will provide occasional briefings to other interested agencies.

COMPLIANCE DATE - Within three years after OSHA and NAIMA have exchanged letters indicating endorsement and commitment respectively, all necessary preparation for implementation of the HSPP will be completed, and full compliance with the Program will commence. Implementation of the HSPP will begin upon the signing of NAIMA and OSHA's letters as referenced above.

CONCLUSION

NAIMA and its member companies are confident that this HSPP satisfies the goals of the Priority Planning Process as it relates to synthetic vitreous fibers, and with the implementation of the HSPP, SVFs will no longer be an OSHA priority with the satisfactory implementation and execution of the HSPP.

NAIMA and its members recognize that OSHA has jurisdiction over worker safety issues. The industry recognizes that the HSPP for SVF is an appropriate vehicle to control potential workplace hazards to employees, and that there are engineering controls, work practices, and personal protective equipment readily available to implement the HSPP. This undertaking is not intended to detract or limit OSHA's regulatory mandate and authority. NAIMA further recognizes that OSHA's jurisdiction empowers the Assistant Secretary of Labor to perform inspections and to issue citations, either under the existing OSHA standard or Section 5(a) of the OSH Act, when appropriate. Major scientific developments or changes in recognized and credible expert bodies (ACGIH, European Union) advisory recommendations may make it appropriate for OSHA and NAIMA to discuss modifications to the HSPP. The creation of this HSPP in no way limits the requirements to comply with other OSHA regulations and laws.

Sincerely,

Kenneth D. Mentzer
Executive Vice President

1 The synthetic vitreous fibers ("SVF") referenced in this HSPP do not include refractory ceramic fibers. As indicated in the text above, any reference to SVF in this HSPP means glass, rock, and slag fibers.