DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, and 1926

RIN 1218-AB25

Occupational Exposure to Asbestos

AGENCY: Occupational Safety and Health Administration, Department of Labor.

ACTION: Final rule; extension of start-up dates for compliance.

SUMMARY: OSHA is extending the start-up dates for some provisions of the asbestos standards until July 10, 1995 to give the public more time to understand the provisions and implement compliance.

DATES: These amendments take effect on February 21, 1995. For Part 1910-General Industry, for Sec. 1910.1001, the start-up dates for compliance for paragraph (g) -- methods of compliance, paragraph (h) -- respiratory protection, paragraph (j) -- hygiene facilities, paragraph (k) -- communication of hazards, paragraph (l) -- housekeeping, paragraph (m) -- medical surveillance and paragraph (o) -- competent persons are extended to July 10, 1995. For Part 1915 -- Shipyards, for Sec. 1915.1001, the start-up dates for compliance for paragraph (d)(2) -- initial monitoring, paragraph (e) -- regulated area, paragraph (f)(i) -- methods of compliance, paragraph (f)(2) compliance program, paragraph (g) -- respiratory protection, paragraph (i) -- hygiene facilities, paragraph (j)(7) employee information and training, and paragraph (l) -- medical surveillance are extended to July 10, 1995. For Part 1926 -- Construction, for Sec. 1926.1101, the start-up dates for compliance for paragraph (g) -- methods of compliance, paragraph (h) -- respiratory protection, paragraph (j) -- hygiene facilities, paragraph (k) -- communication of hazards, paragraph (l) -- housekeeping, paragraph (m) -- medical surveillance and paragraph (o) -- competent person are extended to July 10, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Liblong, Director of Information and Consumer Affairs, Occupational Safety and Health Administration, U.S. Department of Labor, Room N3647, 200 Constitution Avenue, NW., Washington, DC 20210, telephone (202) 219-8151.

SUPPLEMENTARY INFORMATION: OSHA issued improved asbestos standards for general industry, construction and shipyards on August 10, 1994 at 59 FR 40964 to better protect workers from lung cancer, asbestosis and other diseases caused by asbestos exposure. The new standards took effect on October 11, 1994 and that date was the start-up date for some provisions such as the new lower exposure limit of .1 f/cc. However, various other provisions such as the new medical surveillance, respiratory protection and training provisions and the engineering control requirements had start-up dates from between January 9, 1995 and April 10, 1995.

Various members of the public have in meetings requested that OSHA grant more time for the public to study and comply with some provisions. In addition OSHA intends to publish in the hear future a correction and clarification notice and various compliance and training materials to assist in the understanding of the new standard. The American Petroleum Institute by letter dated February 3, 1995 also requested a delay in the start-up of some provisions.

After considering all these reasons together, OSHA has concluded that it is appropriate to give the public additional time to study and implement some of the provisions of the new asbestos standards which may require more time to implement. Other provisions such as the new exposure limit had a start-up date of October 11, 1995 and OSHA is not extending the start-up date of those provisions. In the interim, the provisions of the preexisting asbestos standards remain in effect for those provisions of the new standards whose start-up dates have been extended.

The provisions extended are listed above in the DATES section of this preamble. OSHA has concluded that July 10, 1995 is a reasonable time for employers to fully study and come into compliance with the provisions for which the start-up dates have been extended.

For simplicity and to reduce possible confusion OSHA is setting a single start-up date for those provisions and eliminating the language that required compliance as soon as possible not latter than the start- up date specified. However, some provisions such as exposure monitoring where exposures are over the new limit may need to be completed prior to the implementation of engineering controls. All the provisions whose start-up dates have been extended will be enforced on July 10, 1995.

OSHA is publishing this as an amendment to the new standards so that the new start-up dates will be codified in the Code of Federal Regulations. OSHA finds that there is good cause to issue this extension without notice and public procedure because such is impractical, unnecessary or contrary to the public interest. It is necessary to issue the extension to permit employers sufficient time to come into full compliance and notice and comment would delay the issuance of the extension until past the new start-up dates. For the same reasons OSHA finds good cause for the extension of the start-up date to take immediate effect.

This document was prepared under the direction of Joseph A. Dear, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210.

Accordingly, pursuant to sections 4, 6(b), 8(c), and 8(g) of the Occupational Safety and Health Act of 1979 (29 U.S.C. 653, 655, 657); Sec. 107, Contract Work Hours and Safety Standards Act (Construction Safety Act, 40 U.S.C. 333); Sec. 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); 5. U.S.C. Sec. 553; and 29 CFR Part 1911; 29 CFR Parts 1910, 1915 and 1926 are amended as set forth below.

List of Subjects

29 CFR Part 1910

Asbestos, Occupational safety and health.

29 CFR Part 1915

Asbestos, Longshore and harbor workers, Occupational safety and health, Vessels.

29 CFR Part 1926

Asbestos, Construction industry, Occupational safety and health.

Signed at Washington, DC this 14th day of February, 1995.

Joseph A. Dear,
Assistant Secretary of Labor.

OSHA hereby amends 29 CFR Parts 1910, 1915 and 1926 as follows:

PART 1910 -- OCCUPATIONAL SAFETY AND HEALTH STANDARDS

1. The authority citation of subpart Z of 29 CFR part 1910 is revised to read as follows:

Authority: Secs. 6, 8 Occupational Safety and Health Act, 29 U.S.C. 655, 657; Secretary of Labor's Order 12-71 (36 FR 8754), 9-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9033), as applicable; and 29 CFR part 1911.

All of subpart Z issued under section 6(b) of the Occupational Safety and Health Act, except those substances which have exposure limits listed in Tables Z-1, Z-2 and Z-3 of 29 CAR 1910.1000. The latter were issued under section 6(a) (29 U.S.C. 655(a)).

Section 1910.1000, Tables Z-1, Z-2 and Z-3 also issued under 5 U.S.C. 553. Section 1910.1000, Table Z-1, Z-1 and Z-3 not issued under 29 CFR part 1911 except for the arsenic (organic compounds), benzene, and cotton dust listings.

Section 1910.1001 also issued under section 107 of Contract Work Hours and Safety and Standards Act, 40 U.S.C. 333 and 5 U.S.C. 553.

Section 1910.1002 not issued under 29 U.S.C. or 29 CFR part 1911; also issued under 5 U.S.C. 553.

Section 1910.1003 through 1910.1018 also issued under 29 CFR 653. Section 1910.1025 also issued under 29 U.S.C. 653 and 5 U.S.C. 553. Section 1910.1028 also issued under 29 U.S.C. 653. Section 1910.1030 also issued under 29 U.S.C. 653. Section 1910.1043 also issued under 5 U.S.C. 551 et seq. Section 1910.1045 and 1910.1047 also issued under 29 U.S.C. 653. Section 1910.1048 also issued under 29 U.S.C. 653. Sections 1910.1200, 1910.1499 and 1910.1500 also issued under 5 U.S.C.

553.

Section 1910.1450 is also issued under sec. 6(b), 8(c) and 8(g)(2), Pub. L. 91-596, 84 Stat. 1593, 1599, 1600; U.S.C. 655, 657.

2. Section 1910.1001 is amended by revising paragraph (o) to read as follows:

1910.1001 Asbestos.

* * * * *

(o) Dates -- (1) Effetive date. This standard shall become effective October 11, 1994.

(2) The provisions of 29 CFR 1910.1001 remain in effect until the start-up dates of the equivalent provisions of this standard.

(3) Start-up dates. All obligations of this standard commence on the effective date except as follows:

(i) Exposure monitoring. Initial monitoring required by paragraph (d)(2) of this section shall be completed by July 10, 1995.

(ii) Regulated areas. Regulated areas required to be established by paragraph (e) of this section as a result of initial monitoring shall be set up by July 10, 1995.

(iii) Respiratory protection. Respiratory protection required by paragraph (g) of this section shall be provided by July 10, 1995.

(iv) Hygiene and lunchroom facilities. Construction plans for change rooms, showers, lavatories, and lunchroom facilities shall be completed by July 10, 1995.

(v) Employee information and training. Employee information and training shall be provided by July 10, 1995.

(vi) Medical surveillance. Medical surveillance not previously required by paragraph (l) of this section shall be provided by July 10, 1995.

(vii) Compliance program. Written compliance programs required by paragraph (f)(2) of this section shall be completed and available for inspection and copying by July 10, 1995.

(viii) Methods of compliance. The engineering and work practice controls as required by paragraph (f) shall be implemented by July 10, 1995.

* * * * *

PART 1915 -- OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD EMPLOYMENT

3. The authority citation of 29 CFR part 1915 continues to read as follows:

Authority: Sec. 41, Longshore and Harbor Workers Compensation Act (33 U.S.C. 941); secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); sec. 4 of the Administrative Procedure Act (5 U.S.C. 553); Secretary of Labor's Order No. 12-71 (36 FR 6754), 8-76 (41 FR 35736) or 1-90 (55 FR 9033), as applicable; 29 CFR part 1911.

2. Section 1915.1001 is amended by revising paragraph (q) to read as follows:

1915.1001 Asbestos.

* * * * * (q) Dates.

(1) This standard shall become effective October 11, 1994.

(2) The provisions of 29 CFR 1926.58 and 29 CFR 1910.1001 remain in effect until the start-up dates of the equivalent provisions of this standard.

(3) Start-up dates. All obligations of this standard commence on the effective date except as follows:

(i) Methods of compliance. The engineering and work practice controls required by paragraph (g) of this section shall be implemented by July 10, 1995.

(ii) Respiratory protection. Respiratory protection required by paragraph (h) of this section shall be provided by July 10, 1995.

(iii) Hygiene facilities and practices for employees. Hygiene facilities and practices required by paragraph (j) of this section shall be provided by July 10, 1995.

(iv) Communication of hazards. Identification, notification, labeling and sign posting, and training required by paragraph (k) of this section shall be provided by July 10, 1995.

(v) Housekeeping. Housekeeping practices and controls required by paragraph (l) of this section shall be provided by July 10, 1995.

(vi) Medical surveillance required by paragraph (m) of this section shall be provided by July 10, 1995.

(vii) The designation and training of competent persons required by paragraph (o) of this section shall be completed by July 10, 1995.

* * * * *

PART 1926 -- SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

5. The authority citation of subpart Z of 29 CFR part 1926 is revised to read as follows:

Authority: Sections 6 and 8, Occupational Safety and Health Act, 29 U.S.C. 655, 657; Secretary of Labor's Orders Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9033) as applicable; and 29 CFR part 1911.

Section 1926.1101 also issued under 5 U.S.C. 553. Section 1926.1102 not issued under 29 U.S.C. 655 or 29 CFR part 1911;

also issued under 5 U.S.C. 553.

Section 1926.1103 through 1926. 1118 also issued under 29 U.S.C. 653. Section 1926.1128 also issued under 29 U.S.C. 653. Section 1926.1145 and 1926.1147 also issued under 29 U.S.C. 653. Section 1926.1148 also issued under 29 U.S.C. 653.

6. Section 1926.1101 is amended by revising paragraph (q) to read as follows:

1926.1101 Asbestos.

* * * * *

(q) Dates. (1) This standard shall become effective October 11, 1994. (2) This provision of 29 CFR 1926.58 remain in effect until the start-up dates of the equivalent provisions of this standard.

(3) Start-up dates. All obligations of this standard commence on the effective date except as follows:

(i) Methods of compliance. The engineering and work practice controls required by paragraph (g) of this section shall be implemented by July 10, 1995.

(ii) Respiratory protection. Respiratory protection required by paragraph (h) of this section shall be provided by July 10, 1995.

(iii) Hygiene facilities and practices for employees. Hygiene facilities and practices required by paragraph (j) of this section shall be provided by July 10, 1995.

(iv) Communication of hazards. Identification, notification, labeling and sign posting, and training required by paragraph (k) of this section shall be provided by July 10, 1995.

(v) Housekeeping. Housekeeping practices and controls required by paragraph (l) of this section shall be provided by July 10, 1995.

(vi) Medical surveillance required by paragraph (m) of this section shall be provided by July 10, 1995.

(vii) The designation and training of competent persons required by paragraph (o) of this section shall be completed by July 10, 1995.

* * * * *

[FR Doc. 95-4083 Filed 2-17-95; 8:45 am]