OSHA Instructional CPL 2-2.63 CH-1 January 9, 1996 Office of Health Compliance Assistance

SUBJECT: Inspection Procedures for Occupational Exposure to Asbestos Final Rule 29 CFR Parts 1910.1001, 1926.1101, and 1915.1001.

A. Purpose. This instruction transmits revised pages and additional changes to the OSHA's Inspection Procedures for Occupational Exposure to Asbestos Final Rule 29 CFR Parts 1910.1001, 1926.1101, and 1915.1001, CPL 2-2.63.

B. Scope. This instruction applies OSHA-wide.

C. Action.

1. Remove and replace existing pages with the attached CH-1 pages as listed:

Remove Existing Pages Insert Replacement Pages

Pages 1-7 New Pages 1-8

          Appendix C                    Appendix C
            Page C-2                      Page C-2
            Page C-14                     Page C-14

          Appendix D                    Appendix D
            Page D-2                      Page D-2

D. Federal Program Change. This instruction describes a Federal Program change which affects State programs. Each Regional Administrator shall:

1. Ensure that this change is promptly forwarded to each State designee, using a format consistent with the Plan Change Two-way memorandum in Appendix P, state Plan Policies and Procedures Manual.

2. Explain the content of this change to the State designees as requested.

Joseph A. Dear Assistant Secretary

Distribution: National, Regional and Area Offices All Compliance Officers State Designees NIOSH Regional Program Directors 7(c)(1) Project Managers

OSHA Instruction CPL 2-2.63 November 3, 1995 Office of Health Compliance Assistance

Subject: Inspection Procedures for Occupational Exposure to Asbestos Final Rule 29 CFR Parts 1910.1001, 1926.1101, and 1915.1001.

A. Purpose. This instruction establishes policies and provides clarification to ensure uniform enforcement of the Occupational Exposure to Asbestos Standards, 29 CFR 1910.1001, 1926.1101, and 1915.1001.

B. Scope. This instruction applies OSHA-wide.

C. References.

1. Federal Register, Volume 59, Number 153, August 10, 1994, pages 40964-41158: Occupational Exposure to Asbestos; Final Rule.

2. Federal Register, Volume 60, Number 125, June 29, 1995, pages 33974-34002: Occupational Exposure to Asbestos; Correction; Final Rule.

3. Federal Register, Volume 60, Number 189, September 20, 1995, pages 50411-50413: Occupational Exposure to Asbestos; Amendments; Final Rule.

4. OSHA Instruction, CPL 2.103, September 26, 1994, Field Inspection Reference Manual.

5. OSHA Instruction, CPL 2-2.30, November 14, 1980, Authorization of Review of Medical Opinions.

6. OSHA Instruction, CPL 2-2.32, January 19, 1981, Authorization of Review of Specific Medical Information.

7. OSHA Instruction, CPL 2-2.33, February 8, 1982, Rules of Agency Practice and Procedure Concerning OSHA Access to Employee Medical Records-Procedures Governing Enforcement Activities.

8. OSHA Instruction, CPL 2-2.46, January 5, 1989, Authorization and Procedures for Reviewing Medical Records.

9. OSHA Instruction, CPL 2-2.54, February 10, 1992, Respiratory Protection Program Manual.

10. OSHA Instruction, PER 8-2.4, March 31, 1989, CSHO Pre-Employment Medical Examinations.

11. OSHA Instruction, PER 8-2.5, March 31, 1989, CSHO Medical Examinations.

12. Settlement Agreement with Roofing Industry - See Appendix D.

| 13. Settlement Agreement with the Flooring Industry - See | Appendix D.

14. Settlement Agreement with the Safe Buildings Alliance - See Appendix D.

D. Cancellation. OSHA Instruction CPL 2-2.40, September 1, 1987.

E. Action. OSHA Regional Administrators and Area Directors shall use the guidelines in this instruction to ensure uniform enforcement of the Occupational Exposure to Asbestos, 29 CFR 1910.1001, 1926.1101, and 1915.1001.

|F. Federal Program Change. This is a Federal program change | which affects State programs. | | 1. The Regional Administrator (RA) shall ensure that this | change is promptly forwarded to each State designee using | a format consistent with the Plan Change Two-Way | Memorandum in Appendix P, State Plan Policies and | Procedures Manual (SPM). | | 2. The RA shall explain the content of this change to the | State designees as required. | | 3. The State shall respond to this change within 70 days in | accordance with paragraph I.1.a.(2)(a) and (b), Chapter | III of the SPM. | | 4. The State's acknowledgment shall include (a) the State's | plan to adopt and implement an identical change (b) the | State's plan to develop an alternative, which is as | effective, or, (c) the reasons why no change is necessary | to maintain a program which is as effective. | | 5. In responding to this Federal Program Change, States should | note particularly Paragraph 29 of the Settlement Agreement | between OSHA and Roofing Industry and Paragraph 15 of the | Settlement Agreement between OSHA and the Flooring Industry | (see Appendix D). If a State chooses to amend its asbestos | standard as a means to implement the negative exposure | assessment provisions contained in the those agreements | and/or the competent person training provisions contained | in paragraph 3 of the agreement with the Flooring Industry, | such State standard will be deemed "at least as effective" | as the Federal standard so long as the State provisions are | consistent with the terms of the agreements. | | 6. The RA shall advise the State designees that they may consult | with the OSHA Regional Office for technical assistance and | questions relating to inspections. | | 7. The RA shall review policies, instructions and guidelines | issued by the State to determine that this change has been | communicated to State compliance personnel.

G. Background. The final Occupational Exposure to Asbestos Standards, 29 CFR 1910.1001, 1926.1101, and 1915.1001, were published in the Federal Register on August 10, 1994 and became effective October 11, 1994. These final standards amend the Occupational Safety and Health Administration's (OSHA's) Asbestos Standards issued on June 17, 1986 (51 FR 22612, 29 CFR 1910.1001, June 20, 1986) for occupational exposure to asbestos in general industry, and the construction industry, 29 CFR 1926.1101 (previously 1926.58). In addition, a separate standard covering occupational exposure to asbestos in the shipyard industry, (29 CFR 1915.1001) was issued. Major revisions in the standards include:

1. A reduced time-weighted-average permissible exposure limit (PEL) of 0.1 fiber per cubic centimeter (f/cc) for all asbestos work in all industries.

2. A new classification scheme for asbestos construction and shipyard industry work which ties mandatory work practices to work classification.

3. A presumptive asbestos identification requirement for certain asbestos containing building materials.

4. Limited notification requirements for employers who use unlisted compliance methods in high risk asbestos abatement work.

5. Mandatory methods of control for brake and clutch repair.

H. General Consideration. The final standards, 29 CFR 1910.1001, 1926.1101, and 1915.1001, apply to all activities (except agriculture) covered by the Act. The Construction standard, 29 CFR 1926.1101, covers (but is not limited to) activities involving asbestos: demolition, removal, alteration, repair, maintenance, installation, clean-up transportation, disposal, and storage. The Shipyard standard, 29 CFR 1915.1001, covers workers engaged in shipyard industry activities such as shipbuilding, ship repair and other work in shipyards.

1. The Construction and Shipyard asbestos standards contain both performance and specification standard elements. The standards have classified work activities into four (4) classes based on the potential of those activities to result in exposure.

| 2. The three standards are not identical, so the CSHO will | have to give special attention to first defining which | standard applies before proceeding. The Construction | standard and the Shipyard standard are essentially the | same while the General Industry standard differs mainly | in the fact that work covered by General Industry is not | included in the "class system". The General Industry | standard does have a mandatory appendix for Brake and | Clutch repair and specific floor maintenance provisions.

I. Inspection Guidelines for Occupational Exposure to Asbestos. The following guidance provides a general framework to assist the CSHO in conducting an inspection (See Appendices A through D):

| 1. The CSHO shall request that the employer provide copies of | its initial exposure assessment and any monitoring data that | may be available for review prior to the walk-around. This | provides the CSHO the basic information necessary to make | the appropriate choice of PPE. | | a. If the employer has relied upon objective data, | additional time may be needed to locate and review | these data. If the material is not readily | available the CSHO shall presume initially that | potential over-exposure exists and evaluate the | work area to select appropriate entry procedures. | | b. As a time-saving measure the CSHO should request | during the opening conference that the employer | begin collecting other required documents, e.g., | medical surveillance records, training records, and | the respiratory protection program for all affected | employees.

c. In general industry, if the TWA and/or the Excursion Limit are exceeded, the employer is required to have established a written compliance program. The CSHO should request this document. This written document can be reviewed at a later time.

J. Specific Provisions of 29 CFR 1910.1001, 1926.1101, 1915.1001. Guidelines and clarifications relating to specific provisions of the standard are provided in Appendices A through D to assist CSHOs in conducting inspections.

- Appendix A-- Construction/Shipyard Decision Flow Chart

- Appendix B-- Summary of EPA/OSHA Training Requirements

- Appendix C-- Questions and Answers

- Appendix D-- Supplemental Information

K. Classification and Grouping of Violations. The procedures in the Field Inspection Reference Manual, Chapters III, C.2. and 5, shall be followed. If deviations appear appropriate, however, they may be discussed with the Regional Office.

L. Authorization to Review Limited Medical Information. Appropriately qualified compliance personnel, under the direction of the OSHA Supervisory Industrial Hygienist, are authorized to review medical records and medical opinions pertinent to a review of compliance with the asbestos standards. This authorization has limitations and procedures which must be followed as set forth in OSHA Instructions CPL 2-2.30, CPL 2-2.32, CPL 2-2.33, and CPL 2-2.46.

M. Training for OSHA Personnel.

1. For all inspections on a site where asbestos exposures are expected to be above the TWA or the excursion limit or where Class I through IV work is being conducted, only experienced and properly trained CSHOs shall perform the on-site asbestos evaluation. CSHOs are expected to be knowledgeable of the:

a. Potential hazards which may be encountered at the site, including the potential hazards of asbestos, as well as the relationship between smoking and asbestos in producing lung cancer.

b. Contents of the asbestos standards including the appendices.

c. Appropriate PPE to be worn. Each CSHO who will be expected to use PPE shall be trained in the proper care, use, and limitations of the PPE. Use of respiratory protection by CSHOs is contained in OSHA Instruction CPL 2-2.54.

d. Emergency procedures.

e. Disposal of asbestos-related waste generated by the CSHO and decontamination procedures.

N. Medical Examinations for OSHA Personnel.

l. Many of the hazards that CSHOs may encounter are already regulated by the medical surveillance requirements in other OSHA standards. In addition, Regional Administrators and Area Directors are responsible for implementing the CSHO medical examination program.

2. CSHOs who are required to wear any respiratory protection PPE shall be medically cleared via the CSHO Physical Examination procedures.

O. Protection of OSHA Personnel. The paramount concern addressed in this section is the protection of the CSHO. Compliance Officers are reminded about Agency policy that appropriate personal protective equipment be used when exposed to a hazard.

1. Personal Protective Equipment (PPE).

a. Regional Administrators and Area Directors shall ensure that appropriate PPE is available for the CSHO.

(1) Respirators shall be selected in accordance with the respirator selection tables of the asbestos standards. If the CSHO uses negative pressure respirators to perform asbestos inspections, the CSHO must be provided with semi-annual respirator fit-testing in accordance with the asbestos standards.

(2) For inspections conducted under the asbestos standards, in which the CSHO is required to enter a regulated area or negative-pressure enclosure, disposable coveralls, head coverings, foot coverings, and gloves shall be worn.

| 2. Decontamination Procedures for OSHA Personnel. Prior to | site entry CSHOs shall determine if decontamination | facilities exist, whether they are adequate for the | expected conditions at the site, and if they will be | available for OSHA's use.

a. CSHOs shall not enter negative pressure enclosures unless it is absolutely necessary. Where the CSHO enters areas at the worksite where the asbestos standards would require decontamination, then the CSHO shall also utilize decontamination procedures.

| b. In the event that decontamination facilities | are nonexistent, inadequate, or not available | for use, CSHOs shall determine if adequate | decontamination can be provided. If the CSHO | decides that decontamination cannot be | adequately provided the supervisor shall be | contacted for guidance.

Joseph A. Dear Assistant Secretary

DISTRIBUTION: National, Regional and Area Offices Compliance Officers State Designees NIOSH Regional Program Directors 7(c)(1) Project Managers

Table of Contents

|Scope..................................................... 3 | |Definitions............................................... 5 | |Multi-Employer Worksites ................................. 7 | |Exposure Assessment ...................................... 8 | |Methods of Compliance .................................... 10 | |Class I Work ............................................. 14 | |Class II Work ............................................ 16 | |Class III Work ........................................... 17 | |Class IV Work ............................................ 18 | |Brake and Clutch ......................................... 19 | |Roofing Operations ....................................... 22 | |Flooring Operations ...................................... 27 | |Building Owners Responsibilities ......................... 30 | |Repair and Maintenance ................................... 32 | |Competent Person ......................................... 33 | |Respirators .............................................. 34 | |Labels ................................................... 35 | |Training ................................................. 36 | |Medical Surveillance ..................................... 37

Q. Must ambient pressure glove bags be used inside a negative pressure enclosure (NPE)? If one is using a negative pressure glove bag to remove ACM and PACM from long runs of piping, must a NPE be used also?

A. No to both questions. The Construction and Shipyard standards require the competent person evaluate the need for engineering controls, and to ensure that they are being used.

Q. Is misting considered a "wet method?" (pg 41000)

A. Wet methods encompass a range of work practices. For example, when removing material which is bound in a matrix, misting may be appropriate. Removing ACM or PACM which is not so bound, or where deterioration of the ACM has occurred, would require more aggressive wetting.

Q: What are "asbestos spills/emergency cleanups" under the Construction standard, and how are they classified?

A: Clean up of sizable amounts of asbestos waste and debris is covered by the Construction Standard. However, an asbestos spill has occurred when, for example, water damage occurs in a building or facility, and sizable amounts of ACM and/or PACM are dislodged. A competent person shall evaluate the site and ACM/PACM to be handled, and based on the type, condition and extent of the dislodged material, classify the cleanup as Class I, II, or III. Only if the material was intact and the cleanup involved mere contact of ACM, rather than disturbance, could there be a Class IV classification. An example might be the collection and disposal of dislodged intact ceiling tiles. Since collecting the tiles and disposing of them can be accomplished by careful handling, and would not result in disturbance of the material, this activity would be a Class IV job. As such, it would still have to be assessed by a competent person. Wet methods, HEPA vacuuming and prompt disposal are also required.

|Q. When must repair activity which involves "disturbing" ACM be treated |as Class I work? (pg 40977)

A. If the amount of asbestos so "disturbed" cannot be contained in one standard glove bag (60x60) or waste bag, Class I precautions are required.

Q. Does outdoor Class I work require an enclosure?

A. OSHA believes that most outdoor Class I work may be safely done without enclosures. Therefore, OSHA does not require enclosures. An exposure assessment must take place prior to outdoor work to determine other required controls.

Q. Does Class I work that is performed outdoors require decontamination facilities? (pg 40995)

A. Yes, decontamination procedures for all Class I work, outdoors as well as indoors, including decontamination facilities and showers, must be made available for all Class I work, unless showers are not feasible. (An example of a situation where a shower may be infeasible would be operations conducted in cold temperatures, where an employer cannot provide temperature controlled shower trailers.) In OSHA's, view a shower will most often be feasible. The standard requires that a shower be "available," meaning it does not have to be adjacent to the equipment room or clean room. An employer can use an existing shower located in a near-by building if the location next to the clean room is not feasible.

Q. Are glove bag systems allowed as a control in the removal of Class I materials? (pg 40995)

A. Yes, for Category I asbestos work, a glove bag system which meets the requirements of the standard may be used. The glove bag must meet the specifications outlined in 29 CFR 1926(g)(5)(ii) or 1915(g)(5)(ii). Corrections to the Final Rule published in the Federal Register June 29, 1995, specifies that the standard allows glove bags to be used in Class I operations on elbows and other connectors as long as the bag was manufactured and designed for that purpose.

Table of Contents

|Settlement Agreement with the Roofing Industry .................. 3 |
|Settlement Agreement with the Flooring Industry ................ 31 |
|Settlement Agreement with the Safe Buildings Alliance .......... 55