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Standard Number: | 1910.1096; 1926.53 |
September 27, 1990 Mr. James W. Krueger President American Association of Radon Scientists and Technologists, Inc. Post Office Box 70 Park Ridge, New Jersey 07656 Dear Mr. Krueger: This is in response to your letter of July 24 to Mr. David M. Smith of my staff concerning the Occupational Safety and Health Administration (OSHA) standard 29 CFR 1910.1096 Ionizing radiation. Please be advised that 29 CFR 1910.1096 applies to all workplaces except state and local governments, marine terminals, agricultural operations, construction operations and workplaces exempted from OSHA jurisdiction by section 4(b)(1) of the Occupational Safety and Health Act of 1970. Section 4(b)(1) reads: Nothing in this Act shall apply to working conditions of employees with respect to which other Federal agencies, and State agencies acting under section 274 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2021), exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health.OSHA Standard 29 CFR 1926.53 applies to ionizing radiation hazards in the construction industry. That standard incorporates by reference provisions that are comparable to those contained in 29 CFR 1910.1096. You also asked several questions in your letter and in your meeting with Mr. Smith concerning the application of 29 CFR 1910.1096 to conditions in the workplace. For your information I have enclosed a copy of an OSHA memorandum dated August 16, 1989 addressed to the OSHA Training Institute. This document provides current OSHA policy on the requirements for application of 29 CFR 1910.1096 to radon in the workplace. I trust the information contained in the memorandum is adequate. Sincerely, Patricia K. Clark Director Designate Directorate of Compliance Programs July 24, 1990 David M. Smith U.S. Dept. of Labor 200 Constitution Avenue, N.W. Room N3457 Washington, D.C. 20210 Mr. Smith, It was a pleasure to meet with you on Friday, July 20 to discuss CFR 29 1910.1096. I am very interested in your offices interpretation of section (c) (1) and (2) along with section (e)(4). I have included highlighted copies of these sections as well as a highlighted copy of 1910.5 (c) (2) which, I believe, indicates that the regulations listed in section 1910 pertain to "any industry." Particular questions of concern are: 1. Do the regulations detailed in section (c)(1) and (2) pertain to research laboratories, mining operations, nuclear facilities and other facilities with restricted access or is it, in accordance to section 1910.5(c)(2), applicable to "any industry"?The Environmental Protection Agency has recommended that every home and classroom in the nation test for radon. Congress mandated that every federal office building be tested for radon. Certainly the regulations cited here should warrant employers to include radon testing of the workplace to determine worker exposure and post warnings and notices where applicable I look forward to a prompt response to my query. Please forward your response to: AARST, 6900 East Camelback Road, Suite 430, Scottsdale, Arizona 85251. Should you have any questions pertaining to this correspondence please contact me at 1(800)729-7660. Sincerely, James W. Krueger President |
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