December 4, 1995

Kenneth H. Mueller, Esq.
Greentree Consulting Incorporated
163 Stockton Street
Highstown, New Jersey 08520

Dear Mr. Mueller:

This is to confirm your phone conversation on October 20, with Doug Ray of my staff, that your interpretation (letter of June 12th) of 1926.1101(f)(2)(iii)(B) of the asbestos standard is correct. More specifically, per your conversation with Doug Ray, a negative exposure assessment has been established when the workplace conditions "closely resemble" the process, type of material, control methods, work practices, environmental conditions, and employee training of an asbestos job monitored within the past 12 months. Documentation should address the above 6 areas for a negative exposure assessment, and should be available at each new worksite.

We apologize for the delay in responding to your letter of June 12, and any inconvenience it may have caused.

Sincerely,



Ruth McCully, Director
Office of Health Compliance




June 12, 1995

Mr. John Miles
Director of Compliance Programs
OSHA
200 Constitution Avenue, N.W.
Washington, DC 20210

RE: Request for written OSHA Interpretation on Use of Asbestos Air Monitoring Data from a Prior Job to Establish a "Negative Exposure Assessment" for a Projected Job: 29 CFR 1926.1101(f)(2)(iii)(B)

Dear Mr. Miles:

In researching the OSHA Asbestos Exposure Assessment and Monitoring Regulation 29 CFR 1926.1101(f)(2)(iii)(B), the need has arisen for a written interpretation from OSHA on the use of asbestos air monitoring data from a prior job to establish a "Negative Exposure Assessment" for a projected job in a different geographic region (i.e. state). For purposes of clearly explaining this issue, the following illustration is presented.

Illustration

Company "XYZ" performs drilling into asbestos containing floor tiles at their "XYZ" - NJ facility. At the start of the job, "XYZ" performs initial eight (8) hour air monitoring and the results establish a "Negative Exposure Assessment" at their "XYZ" - NJ facility. Nine (9) months later, "XYZ" needs to perform drilling into asbestos containing floor tiles at their "XYZ" - Texas facility. The drilling work to occur at the "XYZ" - Texas facility "closely resembles" the work conditions (i.e. process, type of material) and environmental conditions of the prior job which occurred at their "XYZ" - NJ facility. Also, the workers scheduled to perform the work at the "XYZ" - Texas facility have similar asbestos training to those workers who performed the work at the "XYZ" - NJ facility.

Issue 1

Assuming the above fact pattern, per Asbestos Exposure Assessment and Monitoring Regulation 29 CFR 1926.1101(f)(2)(iii)(B), can the "XYZ" - NJ facility eight (8) hour asbestos air monitoring data (which establishes a "Negative Exposure Assessment" at the "XYZ" - NJ facility) be used to establish a "Negative Exposure Assessment" for the "XYZ" - Texas facility, and thus eliminate the need to conduct asbestos air monitoring at the "XYZ" - Texas facility?

Issue 2

If the answer to the above stated Issue 1 is "yes", what documentation must be maintained at the "XYZ" - Texas facility prior to the start of the asbestos related work? (i.e. copies of eight (8) hour asbestos air monitoring from the "XYZ" - NJ facility, etc.).

A formal interpretation on the above two (2) issues is respectfully requested from your office. The response can be faxed to my attention at fax #(609) 490-9544 (or if necessary by your office) mailed to my attention at:

Greentree Consulting, Inc.
163 Stockton Street
Hightstown, NJ 08520
Attn: Kenneth H. Mueller, Esq.

Your cooperation is appreciated regarding the above issues. Should you have any questions, please contact me directly at (609) 490-0400.

Very truly yours,



Kenneth H. Mueller, Esq.