News Release
Monday, June 29, 1998
Contact: Frank Kane (202) 219-8151
OSHA REMOVES REGULATION OF ASPHALT ROOF
COATINGS AND SEALANTS FROM ASBESTOS STANDARDS
FOR CONSTRUCTION AND SHIPYARD WORK
Following a federal court of appeals decision, the Occupational
Safety and Health Administration (OSHA) today issued a final rule
removing regulation of asbestos-containing roofing cements, mastics
and coatings from the OSHA standards for occupational exposure to
asbestos in construction and shipyard work.
The Asbestos Information Association/ North America petitioned
for court review of the requirements in the construction and maritime
standards for work practices, training and hazard communication for
asphalt roof coatings and sealants which contain asbestos. In a decision
on July 24, 1997, the Fifth U.S. Circuit Court of Appeals vacated the
standards' regulation of those materials. The court held that there
was a lack of substantial evidence that asphalt roof coatings and
sealants containing asbestos posed a risk of asbestos exposure.
OSHA is amending the standards to conform the regulations to
the court's decision. A statement is added to both standards that
they do not apply to those materials and in sections of the standards
covering alternative work practices, OSHA is deleting references to
those materials. Because OSHA has no discretion in the matter,
notice and opportunity for public comment are not necessary, the
agency said.
The action is published in the Monday, June 29, 1998, Federal Register.
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