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

SUBJECT: Inspection Procedures for Occupational Exposure toAsbestos Final Rule 29 CFR Parts 1910.1001, 1926.1101, and1915.1001.

A. Purpose. This instruction transmits revised pages andadditional changes to the OSHA's Inspection Procedures for OccupationalExposure to Asbestos Final Rule 29 CFR Parts 1910.1001, 1926.1101, and1915.1001, CPL 2-2.63.

B. Scope. This instruction applies OSHA-wide.

C. Action.

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

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

D. Federal Program Change. This instruction describes aFederal Program change which affects State programs. Each RegionalAdministrator shall:

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

2. Explain the content of this change to the State designees asrequested.

Joseph A. Dear Assistant Secretary

Distribution: National, Regional and Area Offices All ComplianceOfficers State Designees NIOSH Regional Program Directors 7(c)(1) ProjectManagers

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

Subject: Inspection Procedures for Occupational Exposure toAsbestos Final Rule 29 CFR Parts 1910.1001, 1926.1101, and1915.1001.

A. Purpose. This instruction establishes policies andprovides clarification to ensure uniform enforcement of the OccupationalExposure to Asbestos Standards, 29 CFR 1910.1001, 1926.1101, and1915.1001.

B. Scope. This instruction applies OSHA-wide.

C. References.

1. Federal Register, Volume 59, Number 153, August 10, 1994, pages40964-41158: Occupational Exposure To Asbestos; Final Rule.

2. Federal Register, Volume 60, Number 125, June 29, 1995, pages33974-34002: Occupational Exposure to Asbestos; Correction; FinalRule.

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

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

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

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

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

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

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

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

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

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 - SeeAppendix D.

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

E. Action. OSHA Regional Administrators and Area Directorsshall use the guidelines in this instruction to ensure uniform enforcement ofthe Occupational Exposure to Asbestos, 29 CFR 1910.1001, 1926.1101, and1915.1001.

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 Statedesignee 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 ofthis change to the State designees as required.

3. TheState shall respond to this change within 70 days in accordancewith 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'splan to develop an alternative, which is as effective, or, (c)the reasons why no change is necessary to maintain a programwhich is as effective.

5. In responding to this Federal ProgramChange, States should note particularly Paragraph 29 of theSettlement Agreement between OSHA and Roofing Industry andParagraph 15 of the Settlement Agreement between OSHA and theFlooring Industry (see Appendix D). If a State chooses to amendits asbestos standard as a means to implement the negativeexposure 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 theFederal standard so long as the State provisions are consistentwith the terms of the agreements.

6. The RA shall advise the Statedesignees that they may consult with the OSHA Regional Office fortechnical 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 AsbestosStandards, 29 CFR 1910.1001, 1926.1101, and 1915.1001, were published in theFederal Register on August 10, 1994 and became effective October 11,1994. These final standards amend the Occupational Safety and HealthAdministration's (OSHA's) Asbestos Standards issued on June 17, 1986 (51 FR22612, 29 CFR 1910.1001, June 20, 1986) for occupational exposure to asbestosin general industry, and the construction industry, 29 CFR 1926.1101(previously 1926.58). In addition, a separate standard covering occupationalexposure 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 allindustries.

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

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

4. Limited notification requirements for employers who useunlisted 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 CFR1910.1001, 1926.1101, and 1915.1001, apply to all activities (exceptagriculture) covered by the Act. The Construction standard, 29 CFR1926.1101, covers (but is not limited to) activities involving asbestos: demolition, removal, alteration, repair, maintenance, installation, clean-uptransportation, disposal, and storage. The Shipyard standard, 29 CFR1915.1001, covers workers engaged in shipyard industry activities such asshipbuilding, ship repair and other work in shipyards.

1. The Construction and Shipyard asbestos standards contain bothperformance and specification standard elements. The standards haveclassified work activities into four (4) classes based on the potential ofthose 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 standardand the Shipyard standard are essentially the same while theGeneral Industry standard differs mainly in the fact that workcovered by General Industry is not included in the "classsystem". The General Industry standard does have amandatory appendix for Brake and Clutch repair andspecific floor maintenance provisions.

I. Inspection Guidelines for Occupational Exposure toAsbestos. The following guidance provides a general framework to assistthe 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 theappropriate choice of PPE.

a. If the employer has relied uponobjective data, additional time may be needed to locate andreview these data. If the material is not readily available the CSHO shall presume initially that potential over-exposure exists and evaluate the work area toselect appropriate entry procedures.

b. As a time-savingmeasure the CSHO should request during the openingconference that the employer begin collecting other requireddocuments, e.g., medical surveillance records, trainingrecords, and the respiratory protection program for allaffected employees.

c. In general industry, if the TWA and/or the Excursion Limitare exceeded, the employer is required to have established a writtencompliance program. The CSHO should request this document. This writtendocument 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 provisionsof the standard are provided in Appendices A through D to assist CSHOs inconducting 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. Theprocedures in the Field Inspection Reference Manual, Chapters III, C.2. and5, shall be followed. If deviations appear appropriate, however, they may bediscussed with the Regional Office.

L. Authorization to Review Limited Medical Information.Appropriately qualified compliance personnel, under the direction of the OSHASupervisory Industrial Hygienist, are authorized to review medical recordsand medical opinions pertinent to a review of compliance with the asbestosstandards. This authorization has limitations and procedures which must befollowed as set forth in OSHA Instructions CPL 2-2.30, CPL 2-2.32, CPL2-2.33, and CPL 2-2.46.

M. Training for OSHA Personnel.

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

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

b. Contents of the asbestos standards including theappendices.

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

d. Emergency procedures.

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

N. Medical Examinations for OSHA Personnel.

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

2. CSHOs who are required to wear any respiratory protection PPEshall be medically cleared via the CSHO Physical Examinationprocedures.

O. Protection of OSHA Personnel. The paramount concernaddressed in this section is the protection of the CSHO. Compliance Officersare reminded about Agency policy that appropriate personal protectiveequipment be used when exposed to a hazard.

1. Personal Protective Equipment (PPE).

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

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

(2) For inspections conducted under the asbestos standards,in which the CSHO is required to enter a regulated area or negative-pressureenclosure, disposable coveralls, head coverings, foot coverings, and glovesshall 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 expectedconditions at the site, and if they will be available for OSHA'suse.

a. CSHOs shall not enter negative pressure enclosuresunless it is absolutely necessary. Where the CSHO enters areas at theworksite where the asbestos standards would require decontamination, then theCSHO 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 decidesthat decontamination cannot be adequately provided thesupervisor shall be contacted for guidance.

Joseph A. Dear Assistant Secretary

DISTRIBUTION: National, Regional and Area Offices ComplianceOfficers State Designees NIOSH Regional Program Directors 7(c)(1) ProjectManagers

Appendix A is intended as a general guidance document in situationswhere all requirements of the Construction and Shipyard standards apply. Itis not a substitute for the standard or any requirements in specificsettlement agreements. CSHO's must use this Appendix as a companion guide tothe Construction and Shipyard standards and settlement agreements, as well asinterpretations found in Appendix C.

Glossary ACM Asbestos containing material AHERA Asbestos Hazard Emergency Response Act 1/2 APR Half mask airpurifying respirator (HEPA) ASHARA Asbestos School Hazard AbatementReauthorization Act bz Breathing zone CAB Cementasbestos board CAS Certified asbestos supervisor (AHERA/ASHARA)CIH Certified industrial hygienist CP Competent personEL Excursion limit GB Glovebag HEPA Highefficiency particulate air HVAC Heating, ventilation, airconditioning system NEA Negative exposure assessment NP Negative pressure NPE Negative pressure enclosure NP Negative pressure glovebag or box glovebag/box O & M Operations andMaintenance (AHERA/ASHARA) PACM Presumed asbestos containingmaterial PD Project designer (AHERA/ASHARA) PE Professional engineer PEL Permissible exposure limit PPE Personal protective equipment SARpd Supplied air pressure demandrespirator with SCBA escape bottle SARpp Supplied air positivepressure respirator SM Presumed and confirmed asbestos containingsurfacing material TSI Presumed and confirmed asbestos containingthermal system insulation 25/10 25 linear feet/10 squarefeet

REQUIRED FOR MOST JOBS (regardless of air monitoring result)
* wet methods
* HEPA vacuum
* prompt clean-up/disposal

REQUIRED FOR ALL JOBS WHEN EXPOSURE EXCEEDS PEL (g)(2)(i)-(v)

PROHIBITED ON ALL JOBS
* high speed abrasive disc sawswithout HEPA
* asbestos removal using compressed air without a capturedevice
* dry sweeping/shoveling
* employee rotation

(For Job Class Requirements, pages A-5 to A-9, see printed copy)

This provides a summary of the OSHA Asbestos Standards trainingrequirements and a description of the EPA training courses referenced in theOSHA standards. The corrections made to the Final Rule published in theFederal Register on June 29, 1995, have been incorporated.

OSHA'S GENERAL INDUSTRY STANDARD 1910.1001 (j)

Employees exposed at or above the permissible exposure levels:

Section 29 CFR 1910.1001(j)(7) requires that training be providedprior to the time of initial assignment and at least annually thereafter. The elements to be included in the training program are listed in 29 CFR1910.1001(j)(7)(iii). There are no specifications in the standard for thelength of the training session.

Employees who perform housekeeping operations:

Section 29 CFR 1910.1001(j)(7)(iv) requires that the employer shallprovide an awareness training course to employees who perform housekeepingoperations in an area which contains ACM and PACM. Elements to be includedin the asbestos awareness course are listed in the section. Training is tobe provided at least once per year. There are no specifications in thestandard for the length of the training session.

OSHA'S CONSTRUCTION STANDARD, 1926.1101 and SHIPYARD STANDARD,1915.1001

Section 29 CFR 1926.1101(k)(9) lists the training requirements forthe construction asbestos standard. Section 29 CFR 1915.1001(k)(9) lists thetraining requirements for shipyards.

Training is to be provided:

1) At no cost to the employee.

2) To all employees exposed at or above the PEL

3) To all employees who perform Class I through IV asbestosoperations

4) Prior to or at the time of initial assignment and at leastannually thereafter.

Class I Training Requirements

1) Equivalent in curriculum, training method and length to the EPAModel Accreditation Plan (MAP) asbestos abatement worker training. (40 CFRpart 763, subpart E, appendix C)

2) Eight hours of annual refresher training is required.

Class II Training Requirements

1) For work involving building materials including roofing,flooring, siding materials, ceiling tiles or transite panels, training shallinclude at a minimum the elements in paragraph (k)(9)(viii) and specific workpractices and engineering controls set forth in paragraph (g). It shallinclude hands-on training and it is to be at least 8 hours inlength.

2) Exception: For other Class II operations the training shallinclude, as a minimum, all the elements in paragraph (k)(9)(viii), specificwork practices and engineering controls in paragraph (g) and "hands-on"training. There are no specifications in the standard for the length of thistraining.

3) Annual refresher is required. The length of time for therefresher training is not specified.

Class III Training Requirements

1) Employees are to receive training which is consistent with EPArequirements for training local education agency maintenance and custodialstaff as set forth in 40 CFR 763.92(a)(2). The course shall include hands-ontraining and shall be at least 16 hours in length.

2) Exception: For Class III operations for which the competentperson determines that the EPA curriculum does not cover activities thatworkers perform, training shall include all the elements of paragraph(k)(9)(viii), specific work practices and engineering controls in paragraph(g) and "hands-on" training. There are no specifications in the standard forthe length of the training.

3) Annual refresher is required. The length of time for therefresher training is not specified.

Class IV Training Requirements

1) Employees shall receive training which is consistent with EPArequirements for training local education agency maintenance and custodialstaff as set forth in 40 CFR 763.92(a)(1). The course shall be at least 2hours in length.

2) The course shall include available information on locations ofTSI and surfacing ACM/PACM, asbestos containing flooring and instruction inrecognition of damaged, deterioration, and delamination of asbestoscontaining building materials.

3) Annual refresher is required. The length of time for therefresher training is not specified.

Unclassified Asbestos Operations

1) Unclassified asbestos operations cover employees likely to beexposed in excess of the PELs and who are performing asbestos operations thatare not covered by Class I though IV operations.

2) Training shall meet the requirements of (k)(9)(viii).

Competent Person Training (Section (o)(4))

1) For Class I and II: Training shall be obtained in acomprehensive course for supervisors such as a course conducted by an EPA ora state-approved training provider.

2) For Class III and IV asbestos work, training shall be equivalentin curriculum and training methods to the 16-hour operations and maintenancecourse developed by EPA for maintenance and custodial workers. Competentpersons for Class III and IV work may also be trained in a comprehensivecourse for supervisors conducted by EPA or a state-approved training provideras described for Class I and II competent persons.

Summary of EPA Course requirements:

A. EPA Model Accreditation Plan for asbestos abatementworkers.

1) At least 14 hours of hands-on training that providesasbestos workers with actual experience performing tasks associated withasbestos abatement work.

2) Topics for the course are to include the physicalcharacteristics of asbestos, potential health effects related to asbestosexposure, employee personal protective equipment, work practices, personalhygiene, medical monitoring, air monitoring, relevant state, local, andfederal standards, respiratory protection programs and medical monitoringprograms, additional safety hazards on asbestos abatementprojects.

3) Course review, and an examination (50 multiple choicequestions with 70% correct).

5) The EPA training course requirements are found on page5252 and 5253 of the February 3, 1994, Federal Register.

b) An annual refresher training session is required which isto be one full day. The refresher courses are to be conducted as separateand distinct courses, not to be combined with any other training during theperiod of the refresher course. The refresher course shall review anddiscuss changes in regulations, developments in state-of-the-art procedures,and a review of key aspects of the initial training course. Arecertification examination is at the option of the state.

B. Awareness training course developed by EPA for maintenance andcustodial workers.

This training is detailed in 40 CFR 763.92(a)(1). EPA specifiesthat this training is to be 2 hours in length. Training shall include, butnot be limited to:

1) Information regarding asbestos and its various uses andforms.

2) Information on the health effects associated withasbestos exposure.

3) Locations of asbestos-containing building materialidentified throughout each school building in which the employeeworks.

4) Recognition of damage, deterioration, and delaminationof asbestos containing building material.

5) Name and telephone number of the person designated tocarry out general local education agency responsibilities under 40 CFR 763.84and the availability and location of the management plan.

EPA does not specify refresher training for thiscategory.

C. Operations and Maintenance course

The training required by EPA for this course is detailed insections 40 CFR 763.92(a)(1) and 40 CFR 763.92(a)(2). This course is to be atotal of 16 hours, which is 2 hours for the awareness level portion and 14hours for the additional training required for operations and maintenancepersonnel.

The training shall include the same requirements forawareness training as well as the following additionalrequirements:

1) Descriptions of the proper methods of handlingasbestos containing building material.

2) Information on the use of respiratory protection andother personal protective measures.

3) The provisions of 40 CFR 763.92 and 40 CFR 763.91,Appendices A, B, C, D, EPA regulations contained in 40 CFR Part 763, SubpartG, and in 40 CFR Part 61, subpart M, and OSHA regulations contained in 29 CFR1926.58.

4) Hands-on training in the use of respiratoryprotection, other personal protective measures, and good workpractices.

D. EPA Model comprehensive course for supervisors

1) Lectures and demonstrations on the physicalcharacteristics of asbestos and asbestos-containing materials, potentialhealth effects related to asbestos exposure, employee personal protectiveequipment, work practices, personal hygiene, medical monitoring, airmonitoring, relevant state, local, and federal standards, respiratoryprotection programs and medical monitoring programs, insurance and liabilityissues, recordkeeping for asbestos abatement projects, supervisory techniquesfor asbestos abatement activities, and contractspecifications.

2) Fourteen hours of hands-on training must, permitasbestos workers actual experience in performing tasks associated withasbestos abatement.

4) Course review

5) Written examination (100 multiple course questions witha passing score of 70%)

b) One full day of refresher training. The refresher coursesare to be conducted as separate and distinct courses and not combined withany other training during the period of the refresher course. The refreshercourse shall review and discuss changes in regulations, developments instate-of-the-art procedures, and, a review of key aspects of the initialtraining course. A recertification examination is at the option of thestate.

OSHA Instruction CPL 2-2.63 CH-1 January 9, 1996 Office of HealthCompliance Assistance

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

NOTE: The page numbers referenced in the Q's refer to specific

pages in the August 10, 1994, Federal Register, Volume 59,Number 153.

Q. Are marine terminals and longshoring covered by the GeneralIndustry standard? (pg 40972)

A. Marine terminals and longshoring are covered by the GeneralIndustry standard if asbestos is being loaded, unloaded or stored.

Q. What work activity is most affected by the General IndustryAsbestos standard? (pg 40972)

A. Brake and clutch repair in the General Industry standard is theactivity engaged in by the largest group of asbestos exposed workers,although most of them are exposed sporadically and at low levels. The nextlargest group consists of custodial workers who do not perform their dutiesas part of construction activities, but clean surfaces, sweep, buff andvacuum floors and wash walls and windows in manufacturing plants and a widevariety of public and commercial buildings.

Q. Is housekeeping work covered under the General Industrystandard or the Construction standard? (pg 40973)

A. Housekeeping work which is not related to a constructionactivity, is regulated under the General Industry standard. Housekeepingwork which is related to construction activities at a construction site iscovered by the Construction standard.

Q. What other industries are covered by the General Industrystandard? (pg 40973)

A. Primary and secondary manufacture of asbestos-containing products.

Q. What activities does the Construction standard (29 CFR1926.1101) cover?

A. The construction standard explicitly states that it covers, butis not limited to, the following activities involving asbestos: demolition,removal, alteration, repair, maintenance, installation, clean-up,transportation, disposal, and storage. It has been redesignated 29 CFR1926.1101.

Q. If construction activities are performed in a facility normallycovered by the General Industry standard, which standard applies? (pg40973)

A. Asbestos work which involves removal, repair, maintenance ordemolition is explicitly regulated by the Construction standard even if suchwork is performed within a facility otherwise regulated under the GeneralIndustry standard.

Q. Does the standard apply during earthmoving projects, drilling,blasting or sawing where natural deposits of asbestos occur? (pg40973)

A. The record indicates that certain construction sites in mostlywell-defined areas contain deposits of naturally occurring asbestos. In suchcases, wetting of the excavation site, often required by local authorities,should be sufficient to suppress measurable airborne asbestos concentrations. No other actions are required by the standard.

Q. In the above case is the employer required to take any actionif there is no information readily available indicating asbestoscontamination of the soil?

A. In the absence of actual knowledge or information showingasbestos contamination of soil in the immediate vicinity of a constructionsite, the employer is not required to take any action under thisstandard.

Q. How has the definition of "asbestos" changed in the asbestosstandards?

A. The non-asbestiform varieties of the minerals actinolite,tremolite and anthophyllite are no longer included in the definition ofasbestos.

Q. Briefly, what are the four classes of activities covered in theConstruction standard? (pg 40976)

A. "Class I" work is defined as activities involving the removal ofthermal system insulation (TSI) and sprayed-on or troweled-on or otherwiseapplied surfacing asbestos-containing material or presumedasbestos-containing material.

"Class II" asbestos work is defined as removal of ACM or PACM whichis not TSI or surfacing ACM or PACM. Certain "incidental" roofing materialssuch as mastic, flashing and cements when they are still intact are excluded. See the Roofing section of this appendix for more information.

"Class III" asbestos work is defined as repair and maintenanceoperations which are likely to disturb ACM or PACM. "Disturbance" meansactivities that disrupt the matrix of ACM or PACM, crumble or pulverize ACMor PACM, or generate visible debris from ACM or PACM. Operations may includedrilling, abrading, cutting a hole, cable pulling, crawling through tunnels,or attics and spaces above the ceiling where asbestos is actively disturbedor asbestos-containing debris is actively disturbed.

"Class IV" asbestos work means maintenance and custodial activitiesduring which employees contact, but do not disturb ACM or PACM, andactivities to clean up dust, waste, and debris resulting from Class I, II,and III activities. This may include dusting surfaces where ACM waste anddebris and accompanying dust exists, and cleaning up loose ACM or PACM debrisfrom thermal system insulation or surfacing ACM/PACM, following constructionactivity.

Q. Do the new standards set a minimum level of asbestos contentfor asbestos-containing materials? (pg 40977)

A. Asbestos-containing material means any material containing morethan 1% asbestos.

Q. What is Presumed Asbestos Containing Material (PACM)?

A. The definition of PACM is limited to thermal system insulationand sprayed on and/or troweled or otherwise applied surfacing material inbuildings constructed no later than 1980. The material is "presumed" tocontain asbestos unless it is demonstrated in accordance with the standardthat PACM does not contain asbestos.

Q. Does OSHA still use the term "small-scale, short-term"? (pg 40991)

A. No. OSHA has dropped the term "small-scale, short term" workfrom the regulatory text. The term "small-scale, short term" was toolimiting, has been shown to be confusing, and could not be defined withsufficient precision to serve the purpose of distinguishing high riskasbestos-disturbing activity from activity of reduced risk.

Q. Are "wrap and cut" operations included in the definition of"removal"?

A. Yes, a wrap and cut operation is a type of asbestos removal. It consists of two distinct operations. The wrap portion requires theremoval of small amounts of asbestos from either side of the pipe to be cut. This will be a Class I or III operation depending on the amount of asbestosremoved. Once the asbestos is removed and wrapped, the pipe is then cut. The cutting portion of the job is unclassified, as it does not involveasbestos removal.

Q. Who is responsible for employee protection on multi-employerworksites? (pg 40982)

A. The standard explicitly requires asbestos hazards to be abated"by the contractor who created or controls the source of asbestoscontamination." Additionally, employers of employees exposed to the hazardmust protect their employees.

Q. How are potentially exposed employees protected when theiremployer is not creating the hazard? (pg 40982)

A. Paragraphs (d)(3) and (d)(4) of 1926.1101 set forth the dutiesof the employer of employees who are exposed to asbestos hazards, but who didnot create the source of asbestos. An employer shall request the contractorwith control of the hazard to take corrective action. For example, if thereis a breach of an enclosure within which asbestos work is being performed,the employer of employees working outside that enclosure shall request theasbestos contractor who erected the enclosure to repair the breachimmediately, as required by paragraph (d)(2). If the repair is not made, andif employees working outside the enclosure could be exposed to asbestos inexcess of the PEL, the employer of those employees shall either remove themfrom the worksite pending repairs, or consider his employees to be workingwithin a regulated area and comply with the provisions of paragraph (e)governing exposure assessments and monitoring of employees who work withinsuch areas. If there is an enclosure, then the employer must inspect it toensure the integrity of the enclosure. The general contractor who is deemedto have supervisory control over the entire worksite, including the regulatedarea, is also responsible for violations which could be abated or preventedby the exercise of such supervisory capacity.

Q. Does the standard provide "by-stander" protection, foremployees working outside an enclosure? (pg 40983)

A. Yes, the negative pressure enclosure system provisions are inparagraph (g), "Methods of Compliance." These systems reduce exposures ofthe employees who are disturbing the asbestos who are inside the enclosure,as well as employees outside the enclosure. In other cases, "criticalbarriers" are required where, for instance, Class II materials are removedusing aggressive methods.

Q. What is included in the new "exposure assessment" requirementsin the Construction and Shipyard standards? (pg 40977 and 40983)

A. The "exposure assessment" predicts exposure and evaluatespotential controls. In most cases, the exposure assessment will include bothpast and current monitoring. Monitoring results must be considered, but donot necessarily constitute an adequate "assessment" if they would notrepresent all representative employee exposures during the entire job. Theassessment must review relevant controls, conditions and factors thatinfluence the degree of exposure. These include, but are not limited to,quality of supervision and of employee training, techniques used for wettingthe ACM, placing and repositioning the ventilation equipment and impacts dueto weather conditions. The assessment must be based on a review of allaspects of the employer's performance doing similar jobs.

Q. Do all employers need to conduct an "initial exposure assessment"

under the Construction standard? (pg 40983)

A. In general, all employers who have a workplace covered by thisstandard are to conduct an "initial exposure assessment" at the beginning ofeach asbestos job [paragraph (f)(2)]. Exceptions to this requirement existonly for most Class IV work. Even employers who are planning to install fullnegative pressure enclosures with air flushing technology must conductinitial exposure assessments. Employers may base assessments of similar jobson prior assessments of repetitive, routine jobs.

Q. Is it more difficult than before to base an initial exposure on"historic data"? (pg 40984)

A. Yes, the standard establishes specific evaluation criteria fordata. This criteria included the experience and training of the crews and thehistoric data must be updated annually. It is important to note thathistoric data is usually that data generated by an individual employer,whereas objective data is related to a product, material, or activity and maybe derived from other employers' (such as the manufacturer of the product)data.

Q. Explain "objective data". (pg 40983)

A. The use of objective data grants a monitoring exemption and maybe used as a basis for a "negative exposure assessment". The employer using"objective data" must demonstrate that the product or material containingasbestos minerals or the activity involving such product or material cannotrelease airborne fibers in concentrations in excess of the PEL under thosework conditions having the greatest potential for releasing asbestos. Theemployer may use data derived from other employers jobs. The data shouldreflect worst case conditions in a variety of occupationalsettings.

Q. When can "objective data" be relied on for a negative exposureassessment? (pg 40983)

A. For any specific asbestos job (combination of activity andproduct) performed by employees who have been trained in compliance with thestandard the employer must demonstrate that, under worst case conditions,statistically there is a high degree of confidence that an exposure above thepermissible exposure limit will not occur.

Q. How would an employer who performs repetitive work completeexposure assessment? (pg 40964)

A. An employer may evaluate repetitive operations with highlycharacteristics, as one job, such as cable pulling in the same building, solong as the data used also reflect repetitive operations of the same durationand frequency.

Q. Did OSHA adopt a clearance level? (pg 40984)

A. OSHA has not included a provision for a specific "clearancelevel" in the revised standards.

Q. What are the three basic controls required initially in ALLoperations covered in the Construction standard? (pg 40988)

A. Regardless of the exposure levels the controls required are: use of HEPA filtered vacuums when the source of the dust/debris is damagedACM or disturbance of ACM or PACM; use of wet methods to control asbestosfiber dispersion; and prompt disposal of asbestos contaminated wastematerials. These provisions apply to, for example, employers who installasbestos-containing material (no Class designation), clean upasbestos-containing debris at a construction site (Class IV), repair a boilercovered with asbestos-containing TSI (Class I or III), and removeasbestos-containing surfacing material (Class I). Certain roofingoperations, however, are not subject to these requirements. (See AppendixD).

Q. When does OSHA consider the use of wet methods infeasible? (pg 40989)

A. An employer can demonstrate infeasibility if he/she can showthat wet methods cannot be used due to conditions such as electrical hazards,hot surfaces, and the presence of technical equipment which cannot toleratemoisture.

Q. What is required for the disposal of asbestos-contaminatedwaste? (pg 40989)

A. All asbestos-contaminated waste must be promptly disposed of inleak-tight containers [(g)(1)(iii)].

Q. What is meant by the term "air sweeping?" (pg 40990)

A. Where the exposure is expected to be above the PELs, OSHArequires ventilation that moves contaminated air away from employees toward aHEPA filtered exhaust device. It does NOT mean that a general buildingventilation system to vent asbestos contaminated air, would be acceptableunder the standard.

Q. Is the Negative Pressure Enclosure the only effective systemfor larger removal operations? (pg 40993)

A. Negative pressure enclosure systems are effective in manycircumstances in protecting workers both within and outside the enclosure.Other systems such as glove bags and mini-enclosures can be equallyeffective.

Q. What is the major difference between the negative pressureenclosure and negative air ventilation? (pg 40994)

A. The negative pressure enclosure system is primarily designed tokeep asbestos from contaminating the building. The air pressure inside theenclosure is less than outside the enclosure. Negative air ventilation drawsclean air from outside the enclosure at sufficient quantities and atstrategic locations, so as to provide clean air in the worker's breathingzone and is part of the negative enclosure system.

Q. If an employer has a variety of work activities, how does onedecide which class to follow?

A. The classes are exclusive. For example, the stripping of 50linear feet of thermal system insulation, whether or not it has beenpositively identified as asbestos containing material, is Class I, for it isthe removal of PACM. Repair of a valve covered by ACM is Class III, since"removal" is not taking place, if less than one glove bag of ACM has beendisturbed. Removal of flooring material containing ACM is Class II. If morethan one "class" of work occurs simultaneously, the work must be performedaccording to the highest hazard classification.

Q. Is all asbestos activity designated by "class"? (pg 40990)

A. All asbestos work under the Construction and Shipyard standardsis not in the "class system." The installation of new asbestos-containingproducts does not carry a class designation, and thus the class-specificrequirements do not apply to that activity. For work that does not readilyfall into one of the four classes, the employer must comply with the PEL. Work covered by the General Industry standard is not included in the "classsystem."

Q. What must an employer do if one is not sure what class theasbestos activity belongs in? (pg 40990)

A. If it is not clear in which category the work belongs, theemployer is to assume the higher, more restrictive, category applies, andmust comply with the listed work practices and controls for thatcategory.

Q. Does the new standard allow greater use of glove bags? (pg 40995)

A. Yes, the standard expands the conditions in which glove bag useis allowed. Glove bag use for removal of TSI and surfacing ACM is nowallowed without quantity limitation for intact TSI. For Class I work thestandard requires that at least two persons work on any one glove bagoperation. Class II glove bag work does not require two persons.

Q: Can an employer use glovebags which are larger than thestandard 60 X 60 bag?

A: Yes, some employers may have a supply of glovebags that areapproximate in size, such as 60 X 70. They may use their inventory untilthey are used up, however the employer is not permitted to fill the largerbags beyond a 60 X 60 capacity.

Q: Does OSHA allow the use of glove bags to remove asbestos fromelbows, corners, and valves in Class I work?

A: Yes, if the glove bag is designed for that type of work and theother provisions for glove bags are followed.

Q. Does the standard prohibit the practice of "continuous glovebagging"

for large removal projects?

A. No. This is permitted when performed following the Methods ofCompliance by trained workers.

Q. If an employer is using an "extender" glovebag on extended runsof pipe sections, what method of compliance must be followed?

A. This type of glove bag is a series of single glove bags thatare linked together. Each bag is separate from the next. The use of thesebags is allowed so long as the requirements for glove bag removal are met. Anoversized or "monster" glove bag is not a "glove bag" method and the employerwould need to comply with the requirements of Class I Alternative controlmethods in 1926.1101(g)(6).

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

A. No to both questions. The Construction and Shipyard standardsrequire the competent person evaluate the need for engineering controls, andto 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 beappropriate. Removing ACM or PACM which is not so bound, or wheredeterioration of the ACM has occurred, would require more aggressivewetting.

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

A: Clean up of sizable amounts of asbestos waste and debris iscovered by the Construction standard. However, an asbestos spill hasoccurred when, for example, water damage occurs in a building or facility,and sizable amounts of ACM and/or PACM are dislodged. A competent personshall 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 ClassI, II; or III. Only if the material was intact and the cleanup involved merecontact of ACM, rather than disturbance, could there be a Class IVclassification. An example might be the collection and disposal of dislodgedintact ceiling tiles. Since collecting the tiles and disposing of them canbe accomplished by careful handling, and would not result in disturbance ofthe material, this activity would be a Class IV job. As such, it would stillhave to be assessed by a competent person. Wet methods, HEPA vacuuming andprompt 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 inone standard glove bag (60x60) or waste bag, Class I precautions areequired.

Q. Does outdoor Class I work require an enclosure?

A. OSHA believes that most outdoor Class I work may be safely donewithout enclosures. Therefore, OSHA does not require enclosures. Anexposure assessment must take place prior to outdoor work to determine otherrequired controls.

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

A. Yes, decontamination procedures for all Class I work, outdoorsas well as indoors, including decontamination facilities and showers, must bemade available for all Class I work, unless showers are not feasible. (Anexample of a situation where a shower may be infeasible would be operationsconducted in cold temperatures, where an employer cannot provide temperaturecontrolled shower trailers.) In OSHA's, view a shower will most often befeasible. The standard requires that a shower be "available," meaning itdoes not have to be adjacent to the equipment room or clean room. Anemployer can use an existing shower located in a near-by building if thelocation next to the clean room is not feasible.

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

A. Yes, for Category I asbestos work, a glove bag system whichmeets the requirements of the standard may be used. The glove bag must meetthe 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 Ioperations on elbows and other connectors as long as the bag was manufacturedand designed for that purpose.

Q. When must a Negative Pressure Enclosure (NPE) be smoke tested?

A. The standard requires the NPE to be smoke tested at thebeginning of work within the enclosure and at the beginning of each shift. Smoke testing shall be conducted while the negative air machines or HEPAvacuums are operating to make it a valid test for leaks.

Q. If an employer chooses to use an alternative control method inaccordance with paragraph (g)(6), is there a specific time when the employermust submit the required evaluation and certification to OSHA?

A. The standard requires that a copy be sent "before work" isbegun, with no further time frame specified. It is important to note thatthis submission to OSHA does not constitute any kind of "approval" nor willOSHA acknowledge to the employer receipt of the submission. The purpose ofsending the evaluation to OSHA is to collect data on innovative removaltechniques.

Q. Can other professionals besides certified industrial hygienistsor licensed professional engineers evaluate and certify alternative controlmethods as required in CFR 1926.1101 (g)(6)(ii)?

A. Yes, however this must be determined by the CSHO on acase-by-case basis. It is recognized that other professionals such asCertified Safety Professionals (CSP), may be experienced in the asbestosfield and possess the combination of skills, professional judgment andbackground to perform the evaluation. A review of the CSP's past workhistory and training should provide adequate documentation for compliancepurposes. An employer would not be cited if it is determined that the CSP isqualified. Alternative control methods as defined by OSHA are modificationsand innovations beyond the limits of existing technology in asbestos controltechnology that prove to be effective in controlling asbestos. It isincluded in the standard to ensure that this industry can continue to inventnew ways to effectively and safely remove asbestos.

Q. What are some examples of Class II construction work? (pg 40999)

A. Class II asbestos work is defined as activities involving theremoval of ACM or PACM which is not TSI or surfacing ACM. According to thedefinition, this includes, but is not limited to, the removal ofasbestos-containing wallboard, floor tile and sheeting, gaskets, jointcompounds, roofing felts, roofing and siding shingles. Removal of smallamounts of these materials (which would fit into a glovebag) may beclassified as a Class III job. OSHA has excluded intact roofing mastics,coatings, flashings and cements as Class II materials. See the RoofingSection of this appendix for more information.

Q. Can an employer use Class I methods to perform Class II work?(pg 40999)

A. Yes, an employer can always use a more restrictive method toperform asbestos work. It is OSHA's intent to allow Class I methods to beused for removing Class II materials when no modification in the apparatus isrequired. This is not an "alternative method" and no special notice to OSHAis required.

Q. Under the Construction standard, what is the difference betweenClass III maintenance work and Class IV maintenance work? (pg41009)

A. Class III maintenance work involves "disturbances" of ACM. Theclarified meaning of the term "disturbance" an activity that disrupts thematrix of ACM or PACM, crumbles or pulverizes ACM or PACM, or generatesvisible debris from ACM or PACM. Class IV asbestos work means maintenanceand custodial activities during which employees contact but do not disturbACM or PACM and activities to clean up dust, waste and debris resulting fromClass I, II, or III activities.

Q. Is installing a smoke detector in a ceiling where asbestosproducts are present regulated by the Construction Standard?

A. Depending on the potential source of asbestos exposure, theinstallation of a smoke detector could be Class IV, Class III or neither. Ifthe ceiling material to which the detector is to be attached is asbestos, thecompetent person must assess whether the attachment will involve "contact"(Class IV) or actually "disturb" the ceiling ACM. Where the source ofasbestos exposure dust and debris above the ceiling, for example from friablesprayed on/troweled on surfacing materials, the competent person shoulddirect a Class IV cleanup before installing the detector. Otherwise theinstallation may be a Class III job if it involves disturbing debris and dustcontaining asbestos.

Q. What provisions cover housekeeping work involvingasbestos-containing materials? (pg 41009)

A. Housekeeping work is covered in all three standards. Housekeeping provisions in the General Industry standard are contained inparagraph (k). These provisions cover routine cleaning in public andcommercial buildings, in manufacturing and other industrial facilities, whereconstruction activity is not taking place. Housekeeping provisions in theConstruction standard are contained in paragraph (l). Housekeepingprovisions in the Maritime standard are contained in paragraph (l).

Q. What is included in Class IV work under the ConstructionStandard? (pg 41008)

A. Class IV work includes activities to clean up ACM waste, debrisand dust incidental to a construction activity. Examples of such work arecleaning up debris from cable running above a suspended ceiling, sweeping,mopping, dusting, cleaning, and vacuuming of asbestos containing materialsand dust and debris from construction work involving ACM and PACM. Certainactivities such as stripping and buffing of resilient flooring are Class IVmaintenance work if they are done incidental to construction work. Class IVwork also includes activities wherein the worker contacts, but does not"disturb" ACM/PACM.

Q: When must dust, which is unaccompanied by debris and waste, betreated as ACM?

A: Under all three standards ACM must be handled wet, and vacuumedusing HEPA filters. Dust which accompanies debris and waste in areas withaccessible PACM or visibly deteriorated ACM must be handled as ACM. Employerswho know, or reasonably should know that "unaccompanied" dust isasbestos-containing material (ACM) must also comply with these procedurestoo. The fact that the standards do not state explicitly when dustmust be considered as asbestos-containing does not mean that suchsituations do not exist. For example, where visibly deteriorated ACM, whichis not intact, is in close proximity to a dust accumulation, and there is nosimilar dust accumulation where the ACM is not so proximate or damaged, areasonable employer must either treat the dust as ACM or have the situationevaluated by a competent person.

Q. Are the appendices on Brake and Clutch Repair (Appendix F forGeneral Industry and Appendix L for Shipyard employment) mandatory? (pg40985)

A. Yes.

Q. What are the two "preferred" methods for Brake and ClutchRepair? (pg 40985)

A. The two "preferred" methods are the Low Pressure/Wet-Cleaningmethod and the Negative Pressure Enclosure/HEPA Vacuum System.

Q. Is the solvent spray method prohibited?

A. No. The solvent spray method is an "equivalent" method thatmay be used when proper work practices are followed.

Q. What are the work practices that must be used when an employerchooses the spray/solvent can method?

A. An employer who uses an "equivalent" method must followdetailed written procedures. At a minimum, the solvent spray method shouldinclude the following procedures: (1) the solvent shall be used to first wetthe brake and clutch parts; (2) the brake and clutch parts shall be wipedclean with a cloth; (3) the contaminated cloth shall be placed in animpermeable container, and then either disposed of properly or laundered in away that prevents the release of asbestos fibers in excess of 0.1 fiber percubic centimeter of air; (4) any spilled solvent or dispersed asbestos shallbe cleaned up immediately and not allowed to dry, either with a cloth or aHEPA vacuum. Dry brushing during solvent spray operations isprohibited.

Q. What other precautions are required when solvents are used?

A. The solvents typically used in brake and clutch work arehazardous chemicals, and the employer must therefore comply with the HazardCommunication standard. If the solvents used are flammable, appropriateprecautions against fire and explosion must be taken.

Q. If the employer chooses to use one of the two "preferred"methods or an "equivalent" method, does the employer have to conduct exposuremonitoring?

A. No.

Q. Does Appendix F that covers brake and clutch work practicesalso cover brake and clutch work done on large stationary equipment likeprinting presses?

A. No, the Appendix is only intended for automotive work. Forother asbestos jobs as described above, the employer must use work methodsthat reduce the exposures to below the PELs.

Q. What type of "aqueous" solution is allowed when the LowPressure/Wet Cleaning method is used? (pg 40985)

A. The intent of the standard was to ensure that the asbestos issufficiently wet so that exposures are kept well below the PELs. Thesolution can consist only of water, or water mixed with an organic solvent,or a detergent. It is important to note the potential danger of solvent usein these operations. The use of solvents, which are often flammable and mayalso present a health hazard, must be undertaken with great care. Theemployer must also be in compliance with the Hazard Communicationstandard.

Q. Are other methods allowed for employers who do brake and clutchwork infrequently? (pg 40987)

A. Yes, for those shops in which brake work is infrequent, OSHAhas determined to allow the use of a wet control method as a "preferred"method. Therefore, in facilities in which five (5) or fewer brake "jobs"(Five brake "jobs" is equivalent to five vehicles) or 5 clutches, or somecombination totaling 5, are repaired each week, the mechanic/technician maycontrol potential asbestos exposure through the use of a pump sprayer(bottle) containing water or amended water to wet down the drum or clutchhousing before it is removed and to control fiber release during subsequentactivities. The mechanic may use other implements to deliver the water suchas a garden hose; however, the resulting wastewater generated must becaptured and properly disposed of without allowing it to dry on any surfaces. The spray should be controlled through the use of low pressure to the extentfeasible. OSHA anticipates that the use of a spray bottle will be adequate tocontrol the dust without generating a large volume of wastewater. However,any waste water generated must be disposed of properly.

Q. What provisions are required to perform a brake inspection?

A. The extent to which an "inspection" is different from the otherbrake servicing depends on whether and how the drum is removed. Mostinspections of brake shoes involve removing the drum which may contain asubstantial number of asbestos fibers. Precautions must be taken against therelease of those fibers into the workplace. If the drum is carefully pulledback just far enough to observe the brake shoe and brake components, it issufficient to thoroughly wet the exterior and around the seam between thebrake drum and backing plate. Any dislodged material must be immediatelycleaned up in accordance with paragraph (k) of the standard.

Blows to the drum with a hammer or similar implement to dislodge arusted-in-place or frozen drum may cause asbestos fibers to be released. Forsuch cases, in shops performing 6 or more brake jobs per week, an enclosuremust be installed around the drum to capture the dust or the drum interiorand contents must be thoroughly wetted prior to striking or forcibly removingthe brake drum. As with other brake servicing, this must be done using apreferred or equivalent method. When using the equivalent spray can method,first wet the interior and contents of the drum before striking it. Then,carefully pull the drum back just enough to allow another application ofsolvent and thoroughly wet the interior before removal of the drum. Thereshould be no visible dust created during drum loosening andremoval.

Q. What roofing operations are Class II operations?

A. Removal of built-up roofing in which the roofing felts containasbestos, and removal of asbestos-containing shingles and asbestos-containingfelt underlayments, are the major Class II operations. Class II operationsmay also include removals of other asbestos-containing roofing materials,such as cements, coatings, mastics, and flashings, in the unusual situationswhen such materials are not intact. It is expected that cements, coatings,etc. will commonly be found intact.

Q: What roofing operations are NOT Class II operations?

A: Removal of "intact" cements, coatings, mastics, and flashings,is not Class II work.

Q. Under what circumstances is removed roofing material considerednon-intact?

A. As defined in the standard, ACM is considered non-intact if ithas crumbled, been pulverized, or has otherwise deteriorated so that theasbestos fibers are no longer likely to be bound within their matrix. Underthis definition, ACM is not rendered non-intact simply by being separatedinto smaller pieces. For example, in removing built-up roofing, the roof istypically cut into sections using a power roof cutter. The separation intosmaller sections does not render the material non-intact material if it isotherwise intact. Other roofing materials are also typically separated intosmaller sections during removal. Roof mastics and cements are usually pried,chipped or scraped off; asphalt felt underlayments are sliced and rolled-upor sometimes scraped-off or chipped-off; flashings are sliced into manageableunits and then pried-up; asbestos-containing shingles occasionally break evenwhen removed carefully. The fact that otherwise intact roofing materialsbecome separated in such a fashion does not by itself render them non-intactunder the standard. The condition of the smaller pieces must be examined todetermine whether the material is non-intact.

Q. What does the standard require during removals of intactcements, coatings, mastics, and flashings?

A. On many roof removal jobs, the only asbestos is found incements, mastics, coatings, and flashings. Because significant numbers ofasbestos fibers are not released from such products when the material isintact, only minimal precautions are required. The material must be removedusing manual methods and must not be sanded, abraded or ground. Materialthat has been removed from a roof must not be dropped or thrown to the groundand must be removed from the roof by the end of the work shift. Prior to thestart of the job, the material must be examined by a competent person todetermine whether it is intact and is likely to remain intact throughout thejob. The employees must be trained in the hazards of asbestos exposure andthe proper work practices and prohibitions applicable to such work.

Q. What does the standard require when ACM is newly installed on a roof?

A. Currently, the only materials being installed on roofs thatcontain asbestos are certain coatings, cements, and mastics. When suchmaterials are installed, the requirements discussed in the previous answerapply. In addition, when materials labeled as containing asbestos areinstalled on non-residential roofs, the contractor must notify the buildingowner of the presence and location of the asbestos-containingmaterial.

Q. What types of manual methods may be used to remove intactcements, coatings, mastics, and flashings?

A. Permissible methods include the use of spud, spade, flat-bladeor slicing tools, such as axes, mattocks, pry bars, spud bars, crow bars,shovels, flat-blade knives, and utility knives, to slice, cut, strip-off, orpry-up the material.

Note: C-24 was a duplicate of C-23. Page removed after printing bythe Office of Health Compliance.

Q. When must a roofing contractor monitor for asbestos on Class II jobs?

A. Evidence in the rulemaking record shows that exposures on mostClass II roof removal jobs will be well below the PEL when employers complywith the work practices required by the standard and the workers are properlytrained. Therefore, exposure monitoring is not required when a competentperson determines that the material is intact, the work practices specifiedin the standard are followed, and the employees have been trained inaccordance with the standard.

Q. Must asbestos-containing material that has been removed from aroof be bagged, wrapped, or kept wet on the roof?

A. These precautions are not required when the material is intact. If the material is not intact, it must either be lowered to the groundimmediately or must be bagged, wrapped, or kept wet while it remains on theroof. Whether or not the material is intact, it must be lowered from theroof no later than the end of the work shift.

Q. Must a roof be HEPA-vacuumed before removal work begins?

A. The ordinary accumulation of environmental dust and debris on aroof will not require HEPA-vacuuming. Only if there is an indication thatnon-intact ACM is the source of dust or debris must that dust or debris beHEPA-vacuumed.

Q. May dry sweeping be used to remove accumulated dust and debrisfrom a roof before removal work begins?

A. It is often appropriate to remove accumulated dust and debrisfrom a roof to reduce the total atmospheric contamination produced by theremoval job. Power brooms (machines similar to street sweepers) aresometimes used for this purpose. Dry cleanup of dust and debris is permittedunless the dust and debris is associated with non-intact ACM.

Q. May a power cutter be used to remove a built-up roof?

A. Yes. The blade of the cutter must be continuously mistedduring use unless a competent person determines that misting substantiallydecreases worker safety. If the roofing material is non-intact, beforeremoval work begins, additional wetting and/or other precautions, such as useof hand methods and respirators, may be needed.

Q. When a power roof cutter is used to remove a built-up roof, howmust the dust from the cutting operation be collected?

A. When the roof has an aggregate surface, the dust must becollected by a HEPA vacuum or HEPA dust collector. These methods may also beused if the roof has a smooth surface. However, in the case of roofs withsmooth surfaces, the dust may also be collected by gently sweeping andcarefully and completely wiping up the dust and debris left along the cutline while it is still wet and immediately placing the dust and debris in acovered container.

Q. Must asbestos-containing shingles be wetted before beingremoved from a roof?

A. Wetting shingles will often make them slippery and lead toslipping and falling hazards that can be particularly dangerous on slopedroofs. Wetting of intact shingles is therefore not required. Wetting ofnon-intact shingles is required where feasible but the shingles need not bewetted when the competent person determines that wetting would createslipping and falling hazards.

Q. When shingles are not wetted, must respirators be worn?

A. Although the standard generally requires that respirators beused for Class II work when wet methods are not used, there is an exceptionwhen shingles are removed from sloped roofs. Because respirator use reducesvisibility and mobility and would therefore be hazardous on sloped roofs,respirators are not required if a negative exposure assessment has been madeand the ACM is removed in an intact state.

Q. In what circumstances must respirators be worn?

A. In roofing work, respirators are required (1) when wet methodsare not used during removal of non-intact material; (2) when the materialdoes not remain substantially intact during removal; (3) when the employer isunable to make a negative exposure assessment; and (4) when asbestosexposures exceed the PEL.

Q. Is there an exception to the requirements for HEPA vacuumingand wet methods for small roofing jobs?

A. Yes. When an employer repairs or removes less than 25 squarefeet of a roof in a single day, HEPA vacuuming and wet methods need not beused. This exception only applies, however, when manual methods are used toremove the material and no visible dust is created by the removalmethod.

Q. When Class II roof removal work is done, must all roof levelair intake sources on the roof be isolated or shut down?

A. No. In general, only those air intakes within the regulatedarea must be isolated or shut down. However, intakes outside the regulatedarea may need to be isolated or shut down to prevent asbestos from enteringthe building's ventilation system if, for example, the wind is blowingtowards such intakes from the regulated area. OSHA expects the competentperson to use good judgment to achieve the intent of the standard.

Q. What isolation techniques for air intakes are permitted?

A. Acceptable isolation techniques include use of a buffer zone,use of HEPA filters over the air intakes, use of horizontal or verticalextensions that relocate the opening of the air intake outside or above theregulated area or away from or above a nearby upwind source of asbestos fiberemissions, or covering the intake with plastic sheeting or other barrier. The competent person must use good judgment to choose an appropriateisolation method based on the circumstances of the particular job.

Q. How are nails removed from cementitious asbestos-containingsiding and shingles?

A. The Construction standard requires in (g)(8)(iii)(D) that ifthe nails are to be cut they must be cut with a flat, sharp instrument. Ifthe nails are not to be cut, the nails can be pulled out.

Q. When must an employer presume that flooring material containsasbestos?

A. A 1988 EPA survey reported that 42% of public and commercialbuildings within the U.S. contain asbestos-containing flooring material. Thestandard requires that employers presume that floor tile and resilientflooring found in buildings constructed no later than 1980 contains asbestosand take the specific precautions required unless the employer demonstratesthat the flooring materials do not contain asbestos, by using recognizedanalytical techniques.

Q. What work practices are prohibited or restricted in floor maintenance?

A. (1) Sanding of asbestos-containing flooring material is prohibited;

(2) stripping of finishes must be conducted using low abrasion padsat speeds lower than 300 rpm and wet methods; and (3) burnishing or drybuffing may be performed only on asbestos-containing flooring which hassufficient finish so that the pad cannot contact the asbestos-containingmaterial.

Q. What work practices must be used when removing floor tile?

A. The floor must first be HEPA-vacuumed. The floor tiles thenmust be carefully pried up individually after being wetted. Misting issufficient if the tiles are removed intact. After removal, each tile must beplaced in an impermeable trash bag or other impermeable wastecontainer.

Q. If the wetting agent contains a hazardous substance what otherprecautions must the employer take?

A. The employer may be responsible for compliance with otherstandards such as the Hazard Communication standard. The employer shallobtain a Material Safety Data Sheet for the substance and follow therecommendations for the use of personal protective equipment and providetraining.

Q. If floor tiles are broken during removal, are they no longer "intact?"

A. Not necessarily. Some incidental breakage of floor tiles is tobe expected. Under the standard, material is not intact only if it hascrumbled, been pulverized, or has otherwise deteriorated so that the asbestosfibers are not longer likely to be bound with their matrix. Therefore, theincidental breakage of tiles does not by itself mean that the material is notintact.

Q. How are tiles to be removed when they cannot be removed bycareful prying?

A. The tiles may be heated to soften the adhesive holding them tothe substrate. When tiles are removed intact using heat, wetting may beomitted.

Q. How are tiles to be removed when they cannot be removed byeither careful prying or heating?

A. Aggressive techniques such as mechanical chipping can be usedif a competent person evaluates the worksite and determines that additionalprecautions required by the standard are properly installed and operated.This may include negative pressure enclosures.

Q. How must residual adhesive be removed?

A. The standard does not require removal of residual adhesive, butit is often necessary to remove or smooth residual adhesive to prepare thesurface for installation of a new floor. Wet methods must be used whenremoving residual adhesive. The adhesive must either be wet-scraped manuallyor removed using low speed floor machine and wetted sand or a removalsolution. The adhesive residues must be placed in an impermeable trash bagor other impermeable container while still wet. Remaining water or dirt inthe area must then be HEPA vacuumed.

Q. What work practices must be used when removing resilient sheetflooring?

A. The material must not be ripped up. The floor shall first beHEPA vacuumed. The sheet flooring shall then be removed in strips 4 to 8inches wide. As a strip is removed, the point of separation must beconstantly misted to minimize fiber release. A strip must be rolled up as itis removed and the roll placed in an impermeable trash bag or otherimpermeable container. Residual felt and adhesive is then removed by wetscraping, and the floor is HEPA vacuumed.

Q. When must flooring removal jobs be monitored for asbestos levels?

A. Most jobs will not require monitoring. Monitoring is onlyrequired if compliant work practices are not followed, if the material is notremoved intact, or if the employees are not properly trained in accordancewith the standard.

Q. What level of training is required for competent persons forflooring removal operations?

A. When flooring removal jobs are conducted using compliant workpractices and the material is removed intact, the competent person must havecompleted at least 12 hours of training. If the material is not removedintact, the competent person must have completed a training course that meetsthe requirement for a Class II competent person.

Q. Must respirators be worn when floor tiles are removed using heat?

A. The standard generally requires that respirators be worn whenClass II work, including floor tile removal, is not performed using wetmethods. However, the standard allows wetting to be omitted when floor tilesare removed intact using heat. Since the use of heat to remove floor tilesprovides the same level of protection against fiber release as the use ofwetting, the omission of wetting does not require respirators to be worn whenheat is used and the tiles are removed intact. Respirators would only beneeded if their use is required under another provision of thestandard.

Q. Does a Building owner have any responsibility under thestandard even though the employees at risk may not be the owner's directemployees? (pg 40972)

A. Yes. The building and/or facility owner must notifycontractors and tenants of the presence of ACM/PACM, even though theemployees at risk are not the owner's direct employees. OSHA has theauthority to require building owners who are "statutory employers" to takenecessary action such as notifying other employers, and to protect employeesother than their own. They also have the responsibility to identify andlabel ACM/PACM when required. Homeowners are not considered "buildingowners" when they have work done in their private homes.

Q. When shipyard vessels undergoing repair are foreign-owned, whois considered the "building owner?" (pg 41013)

A. When a foreign-owned vessel is repaired in an Americanshipyard, the employer is either the shipyard or an outside primarycontractor. They must either treat materials defined as PACM asasbestos-containing or sample the suspect material and analyze it todetermine whether or not it contains asbestos.

Q. Does a long term lessee of a building have the sameresponsibilities as a "building owner?" (pg 41014)

A. "Building owner" has been defined to include lessees whocontrol the management and recordkeeping functions of abuilding/facility/vessel. It is not OSHA's intention to exempt the ownerfrom notification requirements by allowing a lessee to comply. Rather, whenthe owner has transferred the management of the building to a long-termlessee, that lessee is the more appropriate party to receive, transmit, andretain information about in-place asbestos. When the lease is terminated,the records are to be transferred to the building owner.

Q. Can building owners use building records to rebut thepresumption of asbestos containing materials (PACM)? (pg 41015)

A. Generally, building records must be relied upon to rebut thepresumption of asbestos containing material (PACM). If an employer had anAHERA asbestos survey, such a survey would be accepted. However, fornon-PACM materials, building owners and employers may use all sources ofinformation including building records to show that the materials do notcontain asbestos.

Q. What materials must be presumed to contain asbestos? (pg 41015)

A. Thermal System Insulation (TSI) and sprayed on and troweled onsurfacing materials installed no later than 1980. (Note: In addition,resilient flooring material installed no later than 1980 shall be identifiedas asbestos-containing). Other building/facility areas and material wouldnot be exempt from the standard's control requirements; however, they wouldnot be presumptively considered to contain asbestos.

Q. Do the standards require any particular qualifications of theperson who designates materials as PACM? (pg 41017)

A. The person who designates materials as PACM is not required tohave any technical training. The evaluation is not to determine if thematerial is or is not asbestos, rather it is to identify thermal systeminsulation and surfacing materials. The process does not require technicaltraining. Thermal system insulation, and sprayed on or troweled on surfacingmaterial are easily recognized and identified.

Q. Are the sign and label requirements the same in the GeneralIndustry standard as they are in the Construction and shipyardstandard?

A. Yes, the three standards contain the same provisions.

Q: If Construction of a building began before 1981 but was notcompleted until several years later, is the owner responsible for presumingasbestos exists in the entire building?

A: The CSHO will need to evaluate this on a case-by-case basis.Generally speaking, the focus would be on areas that contain suspectmaterials in those areas built before 1981.

Q. How has the definition of repair and maintenance changed?

A. Repair and maintenance is now considered Class III work if itinvolves less than one glovebag of material, regardless of the time it takesto do the job. If the job involves more than one glovebag of TSI orsurfacing material then it is a Class I job. If the job involves more thanone bag of other ACM then it is a Class II job.

Q. What are some examples of activities that may be classified asClass III? (pg 41007)

A. These activities may include: maintenance/repair of boilers,air handling units, heat exchangers, and tanks; repair/replacement of pipeinsulation including cutting away of small amounts of ACM (that which fitsinto a standard glovebag or disposal bag); valve or gasket replacement, oractivities above suspended ceilings such as connections and/or extensions fortelecommunication/computer networks; adjustment/repair of HVAC systems and;testing/cleaning/replacing smoke or heat detectors when connected to ceilingscontaining ACM. Class III work involves a "disturbance" (see AppendixD).

Q. What training must a competent person have? (pg 40972)

A. For Class I and II work, the "competent person" must take acourse such as that under the EPA Model Accreditation Plan for accreditedcontractor/supervisor, or an equivalent in content, duration, and criteriafor success. For Class III and IV work, the competent person must receivethe equivalent of EPA's Operations and Maintenance training. All competentpersons must be capable of identifying existing asbestos hazards in theworkplace and taking prompt corrective action.

Q. Has the definition of "competent person" changed? (pg 40977)

A. The definition of a "competent person" has been amended in theConstruction standard and a definition of a "qualified person" has beenincluded in the shipyard standard. The scope of the competent person'sduties has expanded so that a competent person must supervise all asbestosactivities under the Construction standard.

Q. Under paragraph (o) in the Construction and Shipyard standards,is a specified number of on-site supervisors required? (pg 41023)

A. OSHA has not specified a ratio of on-site supervisors toabatement workers.

Q. What is the definition of a "competent person" in theConstruction standard? (pg 41023)

A. As in the regulations applying to all construction work, the"competent person" must be "capable of identifying existing and predictablehazards...which are...hazardous to employees, and (have) authorization totake prompt corrective measures to eliminate them" (29 CFR 1926.32 (f)). Also, the "competent person" must be designated by the employer (29 CFR1926.20(b)(2)). OSHA notes that this "competency" is independent of thetraining required to be an asbestos competent person. "Competency" as well astraining is required. Thus, a "competent person" is not merely someone witha specified level of training but connotes a high level of knowledge ofworksite safety and health issues as well.

Q. What are the respiratory protection requirements for Class Iwork when the exposure is in excess of 0.1 f/cc or when a Negative ExposureAssessment (NEA) has not been produced?

A. Respirators must be worn for all Class I work. In the abovecircumstances an employer must provide a Supplied Air respirator operated inthe pressure demand mode. In addition the employer must provide appropriateescape devices that could be either the auxiliary positive pressure SCBA oregress HEPA filters.

Q. When can a PAPR be used in Class I operations?

A. The standard allows a tight-fitting PAPR in Class I operationswhen the exposure levels do not exceed 1.0 f/cc as an 8-hour TWA.

Q. If an NEA has been produced in a Class I job, what respiratoris required? (pg 41011)

A. In situations where the competent person makes a determinationthat exposures in Class I jobs will be less than the PELs, the respiratorcould be selected from among available NIOSH-approved negative pressuredevices that are non-disposable and equipped with high efficiency filters,unless the employee requests a PAPR.

Q. Is an industrial hygiene consultant who is doing an asbestossurvey by taking bulk samples required to use a respirator?

A. This would be a Class III operation and, as in all Class IIIoperations, a negative exposure assessment must be made to determine if arespirator is required.

Q. In the Construction standard, 1926.1101(k)(5) requires thatsigns be posted at the entrance of mechanical rooms. Can the signs be placedinside the room?

A. Yes, the intent of the standard is to ensure that personsentering the rooms see the signs and are therefore forewarned of the presenceof asbestos. The sign can be inside the room, as long as the sign is visibleto those entering.

Q. Is color coding an acceptable alternative to labels whereasbestos containing products are installed?

A. Yes. There may be instances where asbestos-covered materials(pipes, tanks, etc.) would make labeling infeasible. The employer mustensure that all employees and contractors have been trained to understand thecoding system.

Q: Are there guidelines concerning the feasibility of postingsigns and labels on installed asbestos products in a building?

A: Signs and labels for installed asbestos products in all threestandards is a performance oriented requirement. The degree to which signsand labels are required depends on the exposure potential, access to theasbestos product, and the hazard of the material. Signs and labels arerequired to be posted on or near the product. It is generally not feasibleto put labels on walls or floors. If it is not feasible, alternatives may beused. For example, if asbestos-containing floors are being serviced byemployees using a common equipment room day after day, then a sign or labelfor the asbestos flooring can be posted in the equipment room. The object isto forewarn employees who may be potentially exposed during the floorcleaning operation and have access to the material. The label could beposted on the buffing machine which the employer chooses. In anotherexample, signs and labels can be used in a more limited way when themechanical staff performing asbestos related operations are internal. It isthe employers responsibility to train employees performing Class IIIoperations, which means signs and labels do not play as important a role asthey would if the employer uses outside contractors. When outsidecontractors come in, the employer must post signs and labels.

Q. Have the training requirements been expanded? (pg 41019)

A. Paragraph (k)(9) in the Construction standard and Shipyardstandard expands the training provisions. Training must be given tovirtually all employees who are actively exposed to asbestos, i.e., whoseexposure is the result of performing Class I through IV work, or who installnew asbestos products. The second major expansion of training requirementscovers curriculum method and length of training.

Q: What training is required for housekeepers under the GeneralIndustry standard?

A: The standard requires awareness training annually. Thestandard has a list of specific topics which must be covered. There is nolength of time specified for this training.

Q. What training is needed when a custodian does maintenance work?

A. The training requirements are not tied to the job title of theworker performing the work. Rather, if a worker is disturbing asbestos andthe disturbance will result in the generation of less than one standard 60" X60" waste or glovebag, then Class III work is being performed and Class IIItraining is required. For example, if a building custodian is told to scrapeoff a few inches of sprayed-on material on a decking to access an electricalbox, he/she will be performing Class III work and must have the requisitetraining.

Q. What are the fundamental elements of the medical surveillancerequirements? (pg 40975)

A. OSHA has clarified the medical surveillance provisions toexplain that two groups will receive more limited surveillance. These includethe following:

* where workers are required to wear negative pressurerespirators while performing Class I, II or III work for fewer than 30 daysper year, a physician must ensure that the worker is able to use arespirator, thus limiting the requirements for surveillance of occasionalrespirator wearers;

* where workers perform Class II and III work for more than 30days per year, the employer is not required to count jobs that take less thana total of one hour per day against the 30 day tally for medicalsurveillance.

Otherwise, all who perform Class I, II or III work for 30+ days peryear or may be exposed above the PELs for more than 30 days per year mustreceive full medical surveillance.

Q. When workers who have been exposed to asbestos and covered bythe medical surveillance program are no longer exposed, can medicalsurveillance be discontinued?

A. In the General Industry standard, workers who are no longerexposed at or above the PELs are not subject to medical surveillancerequirements. If the employment is terminated, the employer must provide atermination medical exam. In the Construction and Shipyard standards, themedical surveillance would stop once the provisions in (m)(1) are no longertrue. The Construction and Shipyard standards do not have a terminationmedical exam requirement.

Q. Once medical surveillance is discontinued, what furtherobligations does the employer have?

A. In all three standards, the employer has to maintain themedical records for the employee's duration of employment plus thirtyyears.

Table of Contents Settlement Agreement with the RoofingIndustry ............... 3 Settlement Agreement with the FlooringIndustry .............. 31 Settlement Agreement with the SafeBuildings Alliance ........ 55

--------------------------------------------- :

MAX EUBANK ROOFING COMPANY, INC. and THE :

NATIONAL ROOFING CONTRACTORS ASSOCIATION, :

: :

Petitioners, : :

v. : No. 94-40793:

THE UNITED STATES THE DEPARTMENT OF LABOR, :

OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION,:

:

Respondent. : :

--------------------------------------------: :

BELDON ROOFING AND REMODELING CO., :

:

Petitioner, : :

v. : No. 94-40794:

THE UNITED STATES DEPARTMENT OF LABOR, :

OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION,:

:

Respondent. : :

--------------------------------------------: :

BRUTON/GOMEZ & COMPANY, INC., :

:

Petitioner, : :

v. : No. 94-40795:

THE UNITED STATES DEPARTMENT OF LABOR, :

OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION,:

:

Respondent. : :

--------------------------------------------: :

LYDICK-HOOKS ROOFING OF LUBBOCK, INC., :

:

Petitioner, : :

v. : No. 94-40796:

THE UNITED STATES DEPARTMENT OF LABOR, :

OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION,:

:

Respondent. : :

--------------------------------------------:

--------------------------------------------: :

JOHNSON ROOFING COMPANY, INC., :

:

Petitioner, : :

v. : No. 94-41039:

THE UNITED STATES DEPARTMENT OF LABOR, :

OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION,:

:

Respondent. :

--------------------------------------------:

The Petitioners in the above-captioned cases have sought judicialreview of a revised asbestos standard for construction work issued by theOccupational Safety and Health Administration (OSHA) on August 10, 1994. 59Fed. Reg. 40964, to be codified at 29 C.F.R. 1926.1101. In addition, theNational Roofing Contractors Association (NRCA), on behalf of its members,has filed an application with OSHA asking that the agency reconsider certainaspects of the revised standard insofar as that standard applies to roofingwork. NRCA's application represents the interests of all of the petitionersin these cases.

OSHA has reevaluated the rulemaking record and has determined thatcertain provisions of the revised standard should be changed and that otherprovisions should be clarified. Accordingly, in order to resolve the issuesraised by these petitions and by NRCA's application for reconsideration, theparties to these cases hereby agree to the following terms andconditions.

1. A new paragraph 1101(g)(11) will be added to the standard toread as follows:

installation, removal, repair, and maintenance of certainroofing materials. Notwithstanding any other provision of this section, anemployer who complies with all provisions of this paragraph (g)(11) wheninstalling, removing, repairing, or maintaining intact roof cements, mastics,coatings, or flashings which contain asbestos fibers encapsulated or coatedby bituminous or resinous compounds shall be deemed to be in compliance withthis section. If an employer does not comply with all provisions of thisparagraph, or if during the course of the job the material does not remainintact, the provisions of paragraph (g)(8) apply instead of thisparagraph.

a competent person who is capable of identifying asbestoshazards in the workplace and selecting the appropriate control strategy forasbestos exposure, and who has the authority to take prompt correctivemeasures to eliminate such hazards, shall conduct an inspection of theworksite and determine that the roofing material is intact and will likelyremain intact.

paragraph (g)(11) shall be trained in a training program thatmeets the requirements of paragraph (k)(8)(vi) of thissection.

ground. Manual methods which do not render the materialnon-intact shall be used.

not be dropped or thrown to the ground. Unless the material iscarried or passed to the ground by hand, it shall be lowered to the groundvia covered, dust-tight chute, crane or hoist. All such material shall beremoved from the roof as soon as is practicable, but in any event no laterthan the end of the work shift.

containing asbestos pursuant to paragraph (k)(7) of this sectionare installed on non-residential roofs during operations covered by thisparagraph (g)(11), the employer shall notify the building owner of thepresence and location of such materials no later than the end of thejob.

2. Paragraph 1101(g)(8)(ii)(E) will be amended to read as follows:

Asbestos-containing material that has been removed from a roofshall not be dropped or thrown to the ground. Unless the material is carriedor passed to the ground by hand, it shall be lowered to the ground viacovered, dust-tight chute, crane or hoist:

ground as soon as is practicable, but in any event no later thanthe end of the work shift. While the material remains on the roof it shalleither be kept wet, placed in an impermeable waste bag, or wrapped in plasticsheeting.

as is practicable, but in any event no later than the end of thework shift.

3. Paragraph 1101(g)(8)(ii)(D) will be amended to read as follows:

When removing built-up roofs with asbestos-containing roofingfelts and an aggregate surface using a power roof cutter, all dust resultingfrom the cutting operation shall be collected by a HEPA dust collector, orshall be HEPA vacuumed by vacuuming along the cut line. When removingbuilt-up roofs with asbestos-containing roofing felts and a smooth surfaceusing a power roof cutter, the dust resulting from the cutting operationshall be collected either by a HEPA dust collector or HEPA vacuuming alongthe cut line, or by gently sweeping and then carefully and completely wipingup the still-wet dust and debris left along the cut line. The dust anddebris shall be immediately bagged or placed in coveredcontainers.

4. In order to comply with the requirement of paragraph1101(g)(1)(i) for HEPA vacuuming, employers shall collect dust and debrisusing a HEPA vacuum where the source of the dust and debris is accessible andnon-intact ACM. The accumulation of dust and debris on a built-up roof doesnot require HEPA vacuuming under paragraph 1101(g)(1)(i) in the absence ofany indication that non-intact ACM is the source of the dust and debris. Similarly, the prohibition against dry clean-up of dust and debris containingACM and PACM in paragraph 1101(g)(3)(iii) only applies when the source of thedust and debris is accessible and non-intact ACM.

5. Paragraph 1101(g)(1)(i) will be amended to read as follows:

Vacuum cleaners equipped with HEPA filters to collect all debrisand dust containing ACM and PACM, except as provided in paragraph (g)(8)(ii)of this section in the case of roofing material.

6. The requirement of paragraph 1101(g)(8)(ii)(B) that wet methodsbe used where feasible does not require ACM on sloped roofs to be wetted whenthe competent person determines that wetting the shingles would createslipping and falling hazards.

7. Paragraph 1101(h)(1)(iii) will be amended to read as follows.

During all Class II and III work which is not performed usingwet methods, provided, however, that respirators need not be worn duringremoval of ACM from sloped roofs when a negative exposure assessment has beenmade and the ACM is removed in an intact state.

8. A new paragraph 1101(g)(8)(ii)(H) reading as follows will be added:

Notwithstanding any other provision of this section, removal orrepair of sections of intact roofing less than 25 square feet in area doesnot require use of wet methods or HEPA vacuuming as long as manual methodswhich do not render the material non-intact are used to remove the materialand no visible dust is created by the removal method used. In determiningwhether a job involves less than 25 square feet, the employer shall includeall removal and repair work performed on the same roof on the sameday.

9. Paragraph 1101(f)(2)(ii) will be amended to read as follows:

Basis of Initial Exposure Assessment: Unless a negativeexposure assessment has been made pursuant to paragraph (f)(2)(iii) of thissection, the initial exposure assessment shall, if feasible, be based onmonitoring conducted pursuant to paragraph (f)(1)(iii) of this section. Theassessment shall take into consideration both the monitoring results and allobservations, information or calculations which indicate employee exposure toasbestos, including any previous monitoring conducted in the workplace, or ofthe operations of the employer which indicate the levels of airborne asbestoslikely to be encountered on the job. For Class I asbestos work, until theemployer conducts exposure monitoring and documents that employees on thatjob will not be exposed in excess of the PELs, or otherwise makes a negativeexposure assessment pursuant to paragraph (f)(2)(iii) of this section, theemployer shall presume that employees are exposed in excess of the TWA andexcursion limit.

10. Paragraph 1101(g)(8)(ii)(B) will be amended to read as follows:

Wet methods shall be used to remove roofing materials that arenot intact, or that will be rendered not intact during removal, unless suchwet methods are not feasible or will create safety hazards.

11. Paragraph 1101(g)(1)(ii) will be amended to read as follows:

Wet methods, or wetting agents, to control employee exposuresduring asbestos handling, mixing, removal, cutting, application, and cleanup,except where employers demonstrate that the use of wet methods is infeasibledue to, for example, the creation of electrical hazards, equipmentmalfunction and, in roofing, except as provided in paragraph (g)(8)(ii) ofthis section; and

12. Paragraph 1101(g)(1)(iii) will be amended to read as follows:

Prompt clean-up and disposal of waste and debris contaminatedwith asbestos in leak-tight containers, except in roofing operations, wherethe procedures specified in paragraph (g)(8)(ii) apply.

13. The introductory sentence of paragraph 1101(g)(8)(iii) will beamended to read as follows:

When removing cementitious asbestos-containing siding andshingles or transite panels containing ACM on building exteriors (other thanroofs, where paragraph (g)(8)(ii) of this section applies) the employer shallensure that the following work practices are followed:

14. Paragraph 1101(k)(8)(vi) will be amended to read as follows:

The training program shall be conducted in a manner that theemployee is able to understand. In addition to the content required byprovisions in paragraphs (k)(8)(iii)-(v) where applicable, the employer shallensure that each employee is informed of the following:

15. Paragraph 1101(k)(6)(ii) will be amended to read as follows:

The warning signs required by (k)(6) of this section shall bearthe following information.

In addition, where the use of respirators and protectiveclothing is required in the regulated area under this section, the warningsigns shall include the following.

16. Negative Exposure Assessment: The asbestos rulemakingrecord contains many personal breathing zone and area samples collectedpursuant to OSHA's 1986 asbestos standard showing worker exposures duringremoval from roofs of built-up roofing (BUR) containing asbestos felts,asbestos-cement (A/C) shingles, and asbestos-containing transite panels. Someof these data are summarized in a document entitled "'Objective Data'Demonstration for Certain Roofing Materials and Operations Under OSHA's 1994Asbestos standard," submitted by NRCA on December 14, 1994 (hereinafterreferred to as the "NRCA Objective Data Demonstration"). The data also arerepresentative of other roofing materials, such as asbestos-containingasphalt shingles and asphalt felt underlayments. These data consistently showexposures below the TWA and excursion limits specified in the revisedstandard. The data were collected by a number of different roofingcontractors and represent a range of variables that can affect exposurelevels during roof removals, including asbestos content of the material, theclimatic conditions to which the material was exposed over its lifetime, andthe age of the material. Moreover, because the 1986 standard did not mandatethat roofing removal work be conducted in accord with specific work practicesintended to minimize the concentration of airborne asbestos, the monitoringdata collected under that standard should generally reflect higher asbestosexposures than are likely to occur when the work practices required under therevised standard are followed.

OSHA concludes that the monitoring data in the rulemaking record,including the data summarized in the NRCA Objective Data Demonstration, showthat employee exposures during roof removal work will consistently be belowthe TWA and excursion limit when proper work practices are followed duringremoval of intact asbestos-containing roofing material. Accordingly, withoutdetermining whether the data meet the criteria for "objective data" inparagraph 1101(f)(2)(iii)(A), OSHA concludes that employers may rely on thedata in the rulemaking record to make negative exposure assessments for roofremoval, repair, and maintenance operations when: (1) the removal practicesstrictly adhere to the work practices required by the provisions of1101(g)(8)(ii), as amended and interpreted by this agreement; (2) all workersengaged in the removal are trained in accordance with the provisions of1101(k)(8); and (3) before removal begins, a competent person assesses thejob and determines that the roofing material is "intact" within the meaningof 1101(b) (see Appendix A, Section 6 of this Agreement).

An OSHA compliance officer may determine that a negative exposureassessment is not justified if the required work practices are not beingfollowed or if the employees performing the removal work are not trained inaccordance with the standard. Moreover, if OSHA field data or otherinformation, weighed against the data in the rulemaking record, show thatexposures during particular roof removal operations in which the requiredwork practices are used are likely to exceed the TWA or excursion limit, OSHAreserves the right to reconsider, after providing NRCA an opportunity tocomment on such field data or other information, whether roofing contractorscan continue to make negative exposure assessments for such particular roofremoval operations based solely on the data in the rulemakingrecord.

17. Paragraph 1101(1)(2) will be amended to read as follows:

Waste disposal. Asbestos waste, scrap, debris, bags,containers, equipment, and contaminated clothing consigned for disposal shallbe collected and disposed of in sealed, labeled, impermeable bags or otherclosed, labeled, impermeable containers, except in roofing operations, wherethe procedures specified in paragraph (g)(8)(ii) apply.

18. The requirement of paragraph 1101(g)(7)(iii) that impermeabledropcloths be placed on surfaces beneath all removal activity does not applyto the removal of asbestos containing roofing material from a solid substrateunderneath the material.

19. The reference in paragraph 1101(g)(7)(iv) to "paragraph(g)(3)(i) through (v)" will be corrected to read "paragraph (g)(1)(i) through(iii)," and the reference in paragraph 1101(o)(3) to "paragraph (p)(3)(i) and(ii)" will be corrected to read "paragraph (o)(3)(i)."

20. The amendments and additions to the language of the standardcontained in this agreement shall be published in the Federal Register assoon as practicable as part of a document containing general corrections andclarifications to the standard. The amendments and additions shall becomeeffective immediately upon publication in the Federal Register. Beforepublication, employers engaged in roofing work may rely on the provisions ofthis agreement as an expression of OSHA's enforcement policy, and OSHA willnot issue citations to any employer who is acting in accordance with thisagreement.

21. The statements in Appendices A and B to this agreementaccurately reflect the meaning of the standard insofar as roofing operationsare concerned. The interpretations set forth in Appendix A shall bepublished in the preamble of the Federal Register notice described inparagraph 20 of this agreement. The interpretations described in AppendicesA and B shall be published in an informational document describing how tocomply with the OSHA asbestos standard in roofing operations involvingasbestos-containing materials. Such informational document shall either bepublished by OSHA, or be published by NRCA after review by OSHA of thecontents. The parties hereby agree to use their best efforts to ensure thepublication of the informational document as soon as practicable, but in anyevent no later than August 10, 1995. Prior to publication as provided above,employers engaged in roofing work may rely on the interpretations set forthin this agreement, including Appendices A and B, as an expression of OSHA'senforcement policy, and OSHA will not issue citations to any employer actingin accordance with such interpretations

22. The date by which the employee training required by paragraph1101(k)(8) must be completed for employees engaged in roofing work covered bythe standard is extended to September 30, 1995.

23. Within ten days of the date the amendments and additions to thestandard are published in the Federal Register pursuant to paragraph 20 ofthis agreement, the Petitioners in the above-captioned cases shall filemotions with the Court to withdraw their petitions. Within ten days of thedate of execution of this Agreement, the Petitioners will file a joint motionon behalf of the Petitioners and OSHA asking the Court to sever these casesfrom the cases in which other petitioners are challenging the asbestosstandard and to hold briefing in these cases in abeyance until thePetitioners file motions to withdraw their petitions for review in accordancewith this paragraph. Should the Court deny that motion and should any of thePetitioners file a brief challenging any aspect of the standard, thisAgreement shall be null and void.

24. OSHA will not, in the Federal Register document referred to inparagraph 20 of this Agreement, change the language of the standard orannounce any interpretation of the standard, so as to impose additional ormore stringent requirements on installation, removal, repair, or maintenanceof asbestos-containing roofing material without the consent of thePetitioners.

25. This Agreement does not affect NRCA's status as an Intervenorin the case involving a Petition by the Building and Construction TradesDepartment, AFL-CIO. Should any other party that has petitioned for reviewof the asbestos standard challenge the roofing provisions of the standard, orshould any party petition for review of the amendments and additions to thestandard promulgated pursuant to this agreement, OSHA will not opposeintervention by NRCA in that case.

26. In the event that any party seeks judicial review of anyprovision of the standard as it applies to roofing operations, including anyof the amendments, additions, and interpretations published pursuant to thisagreement, OSHA will not, in defending the standard against such a challenge,make any reference to this agreement or represent in any fashion thatpetitioners endorse the standard, or accept the need for, appropriateness orfeasibility of any provision of the standard, including the amendments,additions, and interpretations published pursuant to this agreement. In theevent a reviewing court overturns any such provision, amendment, addition, orinterpretation, OSHA will keep such provision, amendment, addition, orinterpretation in effect during any subsequent rulemaking or otheradministrative proceedings with respect to any such provision, amendment,addition, or interpretation, unless otherwise ordered by the reviewingcourt.

27. By entering into this Agreement, the parties do not concede thevalidity or invalidity of any claim or argument that any party could haveraised in litigation. Nothing in this agreement constitutes an admission bypetitioners, or by any member of petitioner NRCA, that a significant risk ofmaterial health impairment exists in roofing operations not in compliancewith the provisions of the standard affecting such operations, including theamendments, additions, or interpretations adopted pursuant to this agreement,or that such provisions are feasible or reasonably necessary or appropriateto protect worker health.

28. This settlement agreement is intended for the benefit of andmay be relied upon by (a) each of the parties to this agreement and theirrespective successors and assigns; and (b) every employer subject to federalOSHA jurisdiction (whether or not a party to this agreement) that installs,repairs, removes, or maintains asbestos-containing roofingmaterials.

29. Within 30 days of the date of execution of this Agreement, OSHAwill provide copies of this Agreement to the Administrators of State Plansapproved by OSHA under Section 18 of the Occupational Safety and Health Act,and will notify them that the additions, amendments, and interpretations ofthe standard set forth in this Agreement, including the provisions ofparagraph 16 relating to the making of negative exposure assessments,constitute a Federal program change requiring such States to submit programchange supplements pursuant to 29 C.F.R. 1953.20 and 1953.23(a). When itprovides copies of this Agreement to State Plan Administrators, OSHA willinform them that any amendment to a State asbestos standard that permitsemployers to make negative exposure assessments in circumstances consistentwith paragraph 16 of this Agreement, and that is otherwise consistent withthe provisions of this Agreement, shall be deemed to be "at least aseffective" as the Federal program change.

30. The Compliance Directive issued by OSHA relating to thestandard shall include the substance of the following paragraphs of thisAgreement: paragraph l, 2, 3, 4, 6, 7, 8, and 16, and paragraph 3, 6, 7, and9 of Appendix A. Nothing in the Compliance Directive shall be inconsistentwith any of the provisions of this Agreement.

31. All parties shall bear their own costs and attorney fees.

32. The individuals signing this agreement on behalf of the partieshereby certify that they are authorized to bind the respective parties to theterms of this agreement.

Agreed, this 15th day of March, 1995.

THE UNITED STATES DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTHADMINISTRATION

By --------------------------------------------

Joseph A. Dear, Assistant Secretary Occupational Safety and HealthAdministration

MAX EUBANK ROOFING COMPANY, INC., and THE NATIONAL ROOFINGCONTRACTORS ASSOCIATION

By --------------------------------------------

Arthur F. Sampson, III, their Attorney

BELDON ROOFING AND REMODELING COMPANY

By --------------------------------------------

R. Gaines Griffin, its Attorney

BRUTON/GOMEZ & COMPANY, INC.

By --------------------------------------------

Richard J. Hatch, Jr., its Attorney

LYDICK-HOOKS ROOFING OF LUBBOCK, INC.

By --------------------------------------------

Don Graf, its Attorney

JOHNSON ROOFING COMPANY, INC.

By ---------------------------------------------

Robert E. Holden, its Attorney

1. Employees working on jobs covered by new paragraph 1101(g)(11)and no other jobs that are covered by the asbestos standard are not subjectto the special training requirements for Class II, III or IV work specifiedin paragraph 1101(k)(8)(iii)-(v). Workers on jobs covered by new paragraph1101(g)(11) must be trained in the following topics:

* Identification and Recognition of Asbestos- ContainingRoofing Materials * identification of asbestos * Uses in roofing, pastand present * Characteristics of asbestos

* Potential Health Effects of Asbestos * Nature ofasbestos related disease, including latency and medical tests for identifyingasbestos diseases * Routes of exposure * Dose response relationships * Relationship between cigarette smoking and asbestos exposure andavailability of smoking cessation programs

* Federal OSHA Construction Asbestos Standard * Overviewof standard * Discussion of alternative methods for handling intactasbestos roof coatings, mastics, cements, and flashings * Discussion ofPEL and significant risk

* Intact versus Non Intact Materials * Definitions * How to recognize non intact material * Procedures to be followed whenmaterial is found or becomes non intact

* Appropriate Work Practices * Applying mastics, cements,coatings * Manual methods for removing materials * Clean up and wastedisposal

2. Competent persons supervising jobs covered by new paragraph1101(g)(11) and no other jobs that are covered by the asbestos standard arenot subject to the special training requirements for Class II, III or IV workspecified in paragraph 1101(o)(4). Competent persons on jobs covered by newparagraph 1101(g)(11) must be knowledgeable in the following topics inaddition to the topics covered in worker training under paragraph l of thisAppendix A:

* Methods of Determining Presence of ACRM * Understandingand Interpreting Air Monitoring Data * Some states, building owners, etc.require air monitoring on all ACM projects * Understanding a negativeexposure assessment

* Notification Requirements - Commercial/Industrial WorkOnly

3. Under new paragraph 1101(g)(11)(iii), manual methods which "donot render the material non-intact" include (but are not limited to) the useof spud, spade, flat-blade or slicing tools, such as axes, mattocks, prybars, spud bars, crow bars, shovels, flat-blade knives, and utility knives,to slice, cut, strip-off, shear-under, or pry-up the material.

4. The interpretations of paragraphs 1101(g)(1)(i), (g)(3)(iii),and 1101(g)(8)(ii)(B) of the standard, as set forth in paragraphs 4 and 6 ofthis agreement.

5. Work on jobs covered by new paragraph 1101(g)(11) is not ClassI, II, or III work and is therefore not included under paragraph1101(m)(1)(i) in the determination of which employees are covered by themedical surveillance provisions of the standard unless during such jobsemployees are exposed at or above the TWA or excursion limit or wear negativepressure respirators.

6. Materials, such as roofing materials, which are separated intopieces in the process of removal or repair are not considered to be"non-intact" solely because the material has been cut, sliced, pried, orotherwise separated into smaller units for the purpose of removal. Thecondition of the smaller units or pieces of removed roofing (for example, a 2foot by 2 foot section) must be evaluated against the definition of the term"intact" in paragraph 1101(b) of the standard in order to determine whetherthe roofing material has been rendered "non-intact" by a removal or repairoperation. For example:

smaller sections (e.g., using a power roof cutter) and pried up fromthe roof is not deemed to be "non-intact" solely because it has beenseparated into pieces. If the pieces of removed BUR have "not crumbled, beenpulverized, or otherwise deteriorated so that [they] are no longer likely tobe bound with [their] matrix," then they are "intact" as defined in paragraph1101(b) of the standard. On the other hand, the dust created by thedestructive force of the cutting blade of a power roof cutter-would beconsidered "non-intact."

materials which are typically removed by dividing them into smallerunits. For example, roof mastics and cements are usually pried, chipped orscraped off; asphalt felt underlayments are sliced and rolled-up or sometimesscraped-off or chipped-off; and flashings are sliced into manageable unitsand then pried-up. The fact that roofing materials have been removed in thisfashion does not by itself render them non-intact under the standard. Rather, the removed pieces of roofing must be evaluated to determine whetherthey are "intact" as defined in paragraph 1101(b) of the standard.

are pried up by hand and removed as individual units of roofing,occasionally incidental breakage of the shingles will occur even duringcareful removal procedures. Such incidental breaking does not in and ofitself render the material non-intact under the standard; the question iswhether the shingles (whether broken or not) have been crumbled, pulverized,or otherwise are not likely to be bound with their cementitious matrix as aresult of the removal operation. The same interpretation applies toincidental breakage of other asbestos-containing roofing materials duringremoval or subsequent handling.

7. When power roof cutters are used in the removal of intactbuilt-up roofing containing asbestos felts, paragraph 1101(g)(8)(ii)(C)requires that the machine be continuously misted during use unless thecompetent person determines that misting substantially decreases workersafety. Paragraph (g)(8)(ii)(D), as revised by paragraph 3 of thisagreement, specifies circumstances when the dust resulting from such cuttingmust be a HEPA dust collector or HEPA vacuuming. Except for theserequirements, wet methods, HEPA vacuuming or HEPA dust collection, andleak-tight bagging or wrapping are not required when intactasbestos-containing roofing is removed by methods that do not render thematerial non-intact or create dust.

8. New paragraph 1101(g)(8)(ii)(H), although located in thesection of the standard addressing methods of compliance for Class II work,also applies to Class III and Class IV roofing operations.

9. Paragraph 1101(g)(8)(ii)(G) requires isolation or shutdown onlyof air intakes in the regulated area, unless the competent person determinesthat existing conditions (e.g., wind speed, and proximity and orientation ofthe intakes to the air flow) warrants isolation or closure of some intakesoutside the regulated area. OSHA intends that the competent person maychoose from various forms of "isolation" to satisfy this provision of thestandard, depending on the circumstances of each particular job, includingthe following: (i) the use of 20 foot "buffer zones," subject to theexercise of good judgment by the competent person based on site-specificconditions, as discussed in the August 10, 1994 preamble, 59 Fed. Reg. at41006; (ii) the use of HEPA filters; (iii) the use of horizontal or verticalextensions that relocate the opening of the air intake outside or above theregulated area or away from or above a nearby upwind source of asbestos fiberemissions; or (iv) covering the intake with plastic sheeting or another kindof barrier.

1. Power roof cutters are not "high speed abrasive disc saws"under paragraph 1101(g)(3)(i).

2. The requirements of paragraph 1101(g)(2) apply only where thePELs are exceeded or are expected to be exceeded.

3. Roof re-covering work not involving the removal or disturbanceof ACM does not constitute "encapsulation" or "renovation" work subject tothe standard.

4. Roofing materials are not "surfacing material" as defined inparagraph 1101(b) or otherwise subject to the requirements of the standardgoverning Class I ACM.

5. The same methodology is used to determine whether a materialcontains more than one percent asbestos and is therefore "ACM" as defined inparagraph 1101(b) of the OSHA asbestos standard as is used under the EPAAsbestos NESHAP, 40 C.F.R. 61.141.

6. Under paragraph 1101(e)(2), the regulated area need notencompass the entire roof, and "demarcation" methods other than warning tapecan satisfy the standard, including, for example, posting warning signs onroofs with only one or a few points of access (provided, of course, thecompetent person supervises access as required).

7. The negative exposure assessment determination in paragraph 16of this agreement.

8. The interpretation of paragraph 1101(g)(7)(iii) of the standardas set forth in paragraph 18 of this agreement.

--------------------------------------------- :

AZROCK INDUSTRIES INC., and :

FLOORS & INTERIORS, INC., :

:

:

:

OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION,:

UNITED STATES DEPARTMENT OF LABOR, :

:

--------------------------------------------:

:

HILLCREST FLOORS, INC., :

:

:

:

OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION,:

UNITED STATES DEPARTMENT OF LABOR, :

:

--------------------------------------------:

:

ARMSTRONG WORLD INDUSTRIES, INC., :

:

:

:

OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION,:

UNITED STATES DEPARTMENT OF LABOR, :

:

--------------------------------------------:

:

GAF CORPORATION, :

:

:

:

OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION,:

UNITED STATES DEPARTMENT OF LABOR, :

:

--------------------------------------------:

-----------------

The Petitioners in the above-captioned cases have sought judicialreview of a revised asbestos standard for construction work issued by theOccupational Safety and Health Administration (OSHA) on August 10, 1994. 59Fed. Reg. 40964, to be codified at 29 C.F.R. 1926.1101. In order to resolvethe issues raised by the petitions, the parties hereby agree to thefollowing.

1. Negative Exposure Assessment: The asbestos rulemakingrecord contains many measurements, collected under a variety of worksiteconditions, showing worker exposures during removals of asbestos-containingfloor tile, sheet vinyl floor covering, and flooring adhesive (hereinaftercollectively referred to as "flooring material"). The measurements werecollected to determine whether flooring removal operations complied withOSHA's 1986 asbestos standard, which set an action level of 0.1 f/cc as an8-hour time weighted average, an 8-hour time weighted average exposure limitof 0.2 f/cc, and an excursion limit of 1.0 f/cc averaged over 30 minutes. The 8-hour time weighted average exposure limit (TWA) under the revisedstandard is equal to the action level under the 1986 standard and theexcursion limits under both standards are the same, so the data in therulemaking record are relevant in determining whether flooring removaloperations can be conducted within the exposure limits specified in therevised standard.

The data show that use of certain work practices during removal offlooring material consistently result in worker exposures below the TWA andexcursion limit established by the revised standard. For example,measurements in the ENVIRON reports in the rulemaking record showed exposurelevels below the TWA and excursion limit when the following work practiceswere used.

Removal of sheet vinyl floor covering:

* Before removal begins, the entire. floor is vacuumed using aHEPA vacuum with a metal floor attachment.

* The material is sliced with a sharp edged instrument, such as autility knife, into strips approximately 4 to 8 inches wide.

* Each strip is rolled up tightly from end to end. * As eachstrip is rolled up, a constant mist of water or amended water is sprayed intothe point where the material separates from the backing.

* After a strip has been removed, it is placed in a heavy dutyimpermeable trash bag or other closed leak-tight container.

* After three strips of flooring material are removed, anyresidual felt, after being thoroughly wetted, is removed with a stiff-bladedscraper. The felt scrapings are placed while still wet in an impermeabletrash bag or other closed leak-tight container.

* As removal progresses, areas from which the flooring has beenremoved are vacuumed using a HEPA vacuum with a metal floorattachment.

* After the entire floor has been removed and has dried, it isvacuumed using a HEPA vacuum with a metal floor attachment.

Removal of floor tiles and associated adhesives:

* Before removal begins, the entire floor is vacuumed using aHEPA vacuum with a metal floor attachment.

* Each floor tile is pried up individually using a stiff bladedscraper. If a tile does not release from the adhesive when the scraper isforced under the tile by hand, the scraper may be struck with a hammer tocause the tile to release and/or the tile is heated (e.g. using a hot airgun) to soften the adhesive and facilitate removal.

* Alternatively, without first prying up floor tiles using ascraper, heat is applied to the floor tile from a heat source (e.g. infraredheat machine) and the tiles are removed by hand or by using ascraper.

* After the tile is removed, it is placed in a heavy dutyimpermeable trash bag or other closed leak-tight container without furtherbreakage.

* As small areas of floor are cleared of tile, residual adhesiveis removed, to the extent necessary to prepare the surface for installationof new flooring material, by being wetted and scraped using a stiff bladedfloor scraper.

* Alternatively, after the tile is removed, residual adhesive isremoved by using a low speed floor machine and wetted sand or a removalsolution.

* Adhesive residues are placed while still wet in a heavy dutyimpermeable trash bag or other closed leak-tight container.

* The area from which the adhesive has been removed is vacuumedusing a HEPA vacuum with a metal floor attachment.

* After the entire floor has been removed and has dried, it isvacuumed using a HEPA vacuum with a metal floor attachment.

In addition to the work practices used when the measurements in theENVIRON reports were made, the revised standard requires wetting of tilesprior to removal when the tiles are not heated (see 1101(g)(1)(ii) &(g)(8)(i)(H) and paragraph 9 of this Agreement). Removal of flooringmaterial using the above work practices, including wetting of unheated tilesprior to removal (see paragraph 9 of this Agreement), fully complies with therequirements of 1101(g)(1), (g)(2), and (g)(8)(i). This Agreement will referto this combination of work practices as "compliant workpractices."

Based on the data in the rulemaking record, OSHA concludes thatemployee exposures will consistently be below the TWA and excursion limitduring removal of intact (see 1101(b) and paragraph 2 of this Agreement)flooring material when compliant work practices are followed. Accordingly,without determining whether the data meet the criteria for "objective data"in 1101(f)(2)(iii)(A), OSHA concludes that employers may rely on the data inthe rulemaking record to make negative exposure assessments for floor removaloperations when: (1) only compliant work practices are used; (2) all workersengaged in the removal are trained in accordance with the provisions of 1101(k)(8); and (3) before removal begins, a competent person assesses thejob and determines that the flooring material is "intact" within the meaningof 1101(b.) and is likely to remain "intact" throughout the removal process. (See paragraph 2 of this Agreement for the meaning of "intact").

The rulemaking record also shows that exposure levels can exceed theTWA when removal methods that are not designed to minimize release ofasbestos fibers are used. Therefore, an OSHA compliance officer maydetermine that a negative exposure assessment is not justified if compliantwork practices are not being followed, if the employees performing theremoval work are not trained in accordance with the standard, or if theflooring material is not removed intact. (See 1101(b) and paragraph 2 ofthis Agreement). Moreover, if OSHA field data or other information, weighedagainst the data in the rulemaking record, show that exposures duringparticular floor removal operations in which compliant work practices areused are likely to exceed the TWA or excursion limit, OSHA reserves the rightto reconsider, after providing these Petitioners an opportunity to comment onsuch field data or other information, whether flooring contractors cancontinue to make negative exposure assessments for such particular floorremoval operations based solely on the data in the rulemakingrecord.

2. Definition of Intact: The term "intact" is defined at1101(b) to mean "that the ACM has not crumbled, been pulverized, or otherwisedeteriorated so that it is no longer likely to be bound with its matrix." Inaccordance with this definition, the incidental breakage of flooringmaterial, including slicing of sheet vinyl floor covering with a sharp edgedinstrument, during removal operations conducted in accordance with compliantwork practices (see paragraph 1 of this Agreement) does not mean that thematerial is not removed in an "intact" condition within the meaning of1101(b) and 1101(g)(8)(i)(G) & (H), and a "substantially intact" state withinthe meaning of 1101(g)(7)(ii) and (h)(1)(ii). Rather, the issue of whetherflooring material is "intact" or "substantially intact" is determined bywhether the flooring material (whether broken or not) has crumbled, beenpulverized, or has otherwise deteriorated so that it is not likely to bebound with its matrix. The incidental breakage of flooring materials, orslicing of sheet vinyl floor covering with a sharp edged instrument, duringremoval of flooring materials conducted in accordance with compliant workpractices (see paragraph 1 of this Agreement) also does not mean that suchoperations constitute an "aggressive method" within the meaning of1101(b).

  3.   Competent Person Training:  In order to comply with the requirement   of 1101(o)(4)(i) regarding competent person training, any removal of  flooring material in which the material is not removed intact (see 1101(b)  and paragraph 2 of this Agreement) must be supervised by a competent  person who has successfully completed a training course meeting the  criteria of EPA's Model Accreditation Plan (40 CFR 763) for supervisors.  In accordance with 1101(q)(3)(vii), as amended (60 Fed. Reg. 9624 (Feb.  21, 1995)), such training shall be completed as soon as possible but no  later than July 10, 1995.  A flooring removal project in which compliant  work practices (see paragraph l of this Agreement) are used and the material  is removed intact (see 1101(b) and paragraph 2 of this Agreement) may be  supervised by a competent person who has successfully completed a training  course providing instruction in the matters listed on the outline attached  as Appendix A to this Agreement, provided that person otherwise meets the  definition of a competent person in 29 CFR 1926.32(f).  Such training  course shall be at least 12 hours in duration.  If a job is being  supervised by a competent person who has not completed a training course  meeting the criteria of EPA's Model Accreditation Plan for supervisors  and, during the course of that job, it is found that the flooring material  cannot be removed intact (see 1101(b) and paragraph 2 of this Agreement),  work must be stopped until the job can be evaluated and supervised by a  competent person who has completed such a training course.

The training course for competent persons who supervise removal ofintact (see 1101(b) and paragraph 2 of this Agreement) flooring materialusing compliant work practices (see paragraph 1 of this Agreement) shall becompleted as soon as possible but no later than November 10, 1995. A personwho has successfully completed the employee training required by 1101(k)(8),as clarified under paragraph 10 of this Agreement, may satisfy the competentperson training requirement by successfully completing the "AdditionalTraining Course" set forth in Appendix A to this Agreement at a separatetraining session, which shall be at least 4 hours in duration.

4. Jobsite Inspections by Competent Person: In order tocomply with the requirement of 1101(o)(2) & (3) that the competent personmake frequent and regular inspections of a job site, and the requirement of1101(o)(3) that for Class II and III jobs, on-site inspections be made atintervals sufficient to assess whether conditions have changed, and at anyreasonable time at employee request, the competent person supervising aflooring removal project shall inspect the site prior to the start of removaloperations (e.g., during the pre-job bidding process) for purposes ofconducting the initial exposure assessment. If a negative exposureassessment is made, the competent person shall thereafter inspect the sitewithin a reasonable time of any employee request or upon learning of anyconditions that cast doubt on the validity of the negative exposureassessment, such as unusual difficulty in removing the material.

5. Impermeable Dropcloths: The requirement of1101(g)(7)(iii) that impermeable dropcloths be placed on surfaces beneath allremoval activity does not apply to the removal of flooring material from asolid substrate underneath the material.

6. Notification of Adjacent Employers: In order to complywith the requirement of 1101(k)(2)(ii)(B) for notification of employers ofemployees who work and/or will be working in areas adjacent to work that issubject to the asbestos standard, employers who remove "intact" flooringmaterial (see 1101(b) and paragraph 2 of this Agreement) using compliant workpractices (see paragraph 1 of this Agreement) must notify only employers ofemployees who, during the removal of flooring material, are or will beworking in areas that are not separated from the work area by an impermeablebarrier, which may include a wall, closed door or window.

7. Warning Signs: The warning signs required by 1101(k)(6)to demarcate a regulated area need not contain any statement to the effectthat respirators and/or protective clothing are required when the asbestosstandard does not require that respirators and/or protective clothing be usedunder the conditions present in the area.

8. Respirator Fit Test Training: Before any employee isassigned to a job in which the employee is required to wear a respiratorpursuant to 1101(h), the respirator must be fit tested pursuant to1101(h)(4)(i)-(ii), and the employee must be given fit test training thatcomplies with 29 C.F.R. 1910.134(e)(5). The requirement of 1101(k)(8)(vi)(E)that employees be trained in the purpose, proper use, fitting instructions,and limitations of respirators as part of the training program required priorto or at the time of initial assignment to any job that is subject to theasbestos standard does not require that hands-on fit testing be given toemployees whose assigned duties do not require them to wearrespirators.

9. Wetting: For the removal of floor tile not subject to1101(g)(8)(i)(H), the requirement to use wet methods or wetting agents under1101(g)(1)(ii) is satisfied by misting the floor tile with water or otherwetting agents, provided that the floor tile is removed "intact" within themeaning of 1101(b), as clarified by paragraph 2 of this Agreement.

10. Employee Training: The employee training required by1101(k)(8) shall be completed no later than November 10, 1995. A person whohas completed an 8-hour training course that addresses the topics listed inAppendix A to this Agreement shall have received the training required toconduct removals of intact flooring materials (see 1101(b) and paragraph 2 ofthis Agreement) using compliant work practices (see paragraph 1 of thisAgreement). Additional training in the precautions needed when removing nonintact flooring material shall be required before the employee may engage inremoval of such material.

A person who, after August 10, 1994, has successfully completed atraining course that substantially conforms to the requirements for an 8-houremployee training course set forth in Appendix A to this Agreement shall bedeemed to have satisfied the employee training requirement of 1101(k)(8) ifthe employee certifies by November 10, 1995 that he/she has received andreviewed supplemental training materials which address any subjects notcovered in the initial 8-hour course.

11. Removal of Floor Tile Using Heat: The requirement of1101(h)(1)(iii) that respirators be used during Class II work that is notperformed using wet methods does not apply to the non-wet removal of intactfloor tile using heat, as provided in 1101(g)(8)(i)(H), when the othercompliant work practices (see paragraph 1 of this Agreement) arefollowed.

12. Identification of ACM and PACM: When work subject tothe construction standard is limited to removal, repair, or maintenance offlooring material, the requirements in 1101(k)(1) & (2) for identifying andcommunicating the presence, location, and quantity of ACM and PACM apply onlyto the flooring material in the work site or work arearespectively.

13. Typographical Corrections: The reference in1101(g)(7)(iv) to "paragraph (g)(3)(i) through (v)" will be corrected to read"paragraph (g)(1)(i) through (iii)," the reference in 1101(o)(3) to"paragraph (p)(3)(i) and (ii)" will be corrected to read "paragraph(o)(3)(i)," and the reference in 1101(k)(7)(vi) to "paragraphs (k)(2)(i)through (k)(2)(iii)" will be corrected to read "paragraphs (k)(7)(i) through(k)(7)(iii)" in a corrections document to be published in the FederalRegister.

14. The interpretations, clarifications and corrections in thisAgreement with respect to the provisions of the revised asbestos standard forconstruction work shall apply to corresponding provisions in the revisedasbestos standard for shipyard employment issued by OSHA on August 10, 1994,59 Fed. Reg. 40964 to be codified at 29 C.F.R. 1915.1001.

15. OSHA will enforce the asbestos standard in accordance with theprovisions contained in this Agreement and will not enforce citations issuedto any employer who acted in accordance with this Agreement prior to itsexecution. This Agreement will be transmitted to OSHA's regional and areaoffices as an appendix to the Compliance Directive relating to the standard. OSHA will provide copies of this Agreement to the Administrators of StatePlans approved by OSHA under Section 18 of the Occupational Safety and HealthAct and will notify them that the interpretations of the standard set forthin this Agreement, including the provisions of paragraph 1 relating to themaking of negative exposure assessments and paragraph 3 related to competentperson training, constitute a Federal program change. When it providescopies of this Agreement to State Plan Administrators, OSHA will inform themthat any amendment to a State asbestos standard that permits employers tomake negative exposure assessments in circumstances consistent with paragraph1 of this Agreement and that establishes training requirements for competentpersons consistent with paragraph 3 of this Agreement, and that is otherwiseconsistent with the provisions of this Agreement, shall be deemed to be "atleast as effective" as the Federal program change.

16. OSHA will publish a Federal Register notice that contains thetypographical corrections listed in paragraph 13 of this Agreement and alsocorrects and amends the standard and its preamble in other ways. In thatFederal Register notice, OSHA will not amend the standard in any manner thatsignificantly affects the requirements pertaining to removal of flooringmaterial.

17. This Settlement Agreement is intended for the benefit of andmay be relied upon by (a) each of the parties to this Agreement and theirrespective successors and assigns, and (b) every employer subject to federalOSHA jurisdiction (whether or not a party to this Agreement) that conductsremovals of flooring material.

18. Within ten days of the date of execution of this Agreement,these Petitioners shall file motions with the Court to withdraw theirpetitions.

19. This Agreement does not affect the Petitioners' status asIntervenors in the case involving a Petition by the Building & ConstructionTrades Department, AFL-CIO, or a Petition by American Federation of State,County and Municipal Employees, or the right to seek Intervenor status in anyother petition filed in this case. Should any other party that haspetitioned for review of the asbestos standard challenge the flooringprovisions of the standard, or should any party challenge the validity of anyprovision of this Agreement in a judicial proceeding, OSHA will not opposeintervention by the Petitioners in that proceeding.

20. In the event that any party seeks judicial review of anyprovision of the standard as it applies to flooring operations, OSHA willnot, in defending the standard against such a challenge, make any referenceto this Agreement or represent in any fashion that Petitioners endorse thestandard, or accept the need for, appropriateness or feasibility of anyprovision of the standard.

21. In the event a reviewing court overturns any interpretationcontained herein, OSHA will keep such interpretation in effect until theagency takes subsequent action with respect to such interpretation unlessotherwise ordered by the reviewing court.

22. By entering into this Agreement, the parties do not concede thevalidity or invalidity of any claim or argument that any party could haveraised in litigation. Nothing in this Agreement constitutes an admission byPetitioners that a significant risk of material health impairment exists inflooring operations subject to, or not in compliance with, the provisions ofthe standard affecting such operations or that such provisions are feasibleor reasonably necessary or appropriate to protect worker health.

23. The terms of this settlement Agreement may not be modified oramended without the written consent of the parties to thisAgreement.

24. All parties will bear their own costs and attorney fees.

Agreed, this 15th day of June, 1995.

THE UNITED STATES DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTHADMINISTRATION

By --------------------------------------------

Joseph A. Dear, Assistant Secretary Occupational Safety and HealthAdministration

AZROCK INDUSTRIES, INC., FLOORS & INTERIORS, INC., and HILLCRESTFLOORS, INC.

By ---------------------------------------------

William N. Hall, their Attorney

ARMSTRONG WORLD INDUSTRIES, INC.

By ---------------------------------------------

Bethann Jakoboski, its Attorney

GAF CORPORATION

By ---------------------------------------------

Michael A. Wiegard, its Attorney

These courses are designed to train workers to remove "intact"flooring materials (see 1101(b) and paragraph 2 of this Agreement for meaningof "intact") using compliant work practices (see paragraph 1 of thisAgreement for a description of "compliant work practices") and to meet thetraining requirement for a competent person who supervises removals of intactflooring materials. To qualify as a competent person, a person must completethe 8-hour employee training course (including receiving a passingexamination grade) and then successfully complete the additional course,including a passing grade on a separate examination covering Sections 10-13,and must otherwise meet the definition of competent person under 29 CFR1926.32(f). Completion of these training courses does not qualify workers toremove non-intact flooring material or competent persons to supervise removalof non-intact flooring material.

  Section 1 -  Background Information on Asbestos (slides, lecture,               workbook, quiz)            -  Characteristics of asbestos            -  Categories of asbestos-containing building materials            -  Friable and non-friable condition of materials            -  List of suspect asbestos-containing materials            -  Determination/identification of asbestos-containing               materials (including presumptions regarding flooring               materials)            -  Control options            -  Potential health effects related to exposure to               airborne asbestos            -  Hazards of smoking and asbestos exposure            -  Protective work practices and controls to minimize               asbestos exposure

  Section 2 -  Laws and Regulations (video, slides, lecture,               workbook, quiz)            -  Current regulations concerning the removal and               disposal of asbestos-containing materials            -  Regulated areas/Respirators/Negative Air Pressure/               Protective Clothing/Decontamination Procedures            -  How Regulations are enforced            -  Federal Government agencies that regulate asbestos               removal                           -  OSHA Asbestos Standard                           -  EPA NESHAP                           -  EPA AHERA and ASHARA                           -  DOT Regulations            -  Difference between federal and state asbestos laws            -  State and local asbestos regulations            -  Hazard Communication standard and safety issues

  Section 3 -  Asbestos-Containing Resilient Flooring Materials               (slides, lecture, workbook, quiz)            -  Walk through survey versus bulk sample analysis            -  Types of floor coverings which contain asbestos            -  Determining friability of resilient floor coverings               (EPA Recommended Test)            -  Flooring adhesives which contain asbestos            -  Alternatives to removing asbestos-containing floor               covering and adhesives            -  Methods which should not be used to remove resilient               floor covering materials            -  Waste disposal procedures            -  Notification requirements

Section 4 - Removal of Resilient Floor Tile

- Video demonstration of properly removing floor tile - Livedemonstration of properly removing floor tile - "Hands on" student practiceremoving floor tiles using heat and without heat - Quiz

Section 5 - Removal of Residual Asphaltic Adhesive

- Video demonstration of proper procedure for removing adhesive- Review of proper procedure for removing adhesive - "Hands on" studentpractice removing adhesive - Quiz

Section 6 - Removal of Resilient Sheet Flooring

- Video demonstration of proper procedure for removing sheetflooring - Live demonstration of proper procedure for removing sheetflooring - "Hands on" student practice removing sheet flooring - Quiz

Section 7 - Complete Removal of Wood Underlayment

- Video demonstration of proper procedures for removingresilient flooring complete with underlayment - Review of proper proceduresfor complete removal of wood underlayment

Section 8 - Review

- Review previous instruction and clarify any unanswered questions

Section 9 - Examination Covering Sections 1-7

Section 10 - Prework Activities and Considerations

- Methods of identification - Walk through survey/bulksampling - Common building materials containing asbestos

             -  Review of regulations                  -  OSHA                  -  EPA                  -  DOT                  -  State and Local

Section 11 - Assessment of the Work Area

- Site preparation considerations - Conducting a NegativeExposure Assessment - Isolating the work area - Adjacent areas - Regulatedareas - Safety hazards

Section 12 - Notification, Recordkeeping, and Waste Disposal

- Recordkeeping requirements - Notification requirements - Warning signs - Special equipment - Transport and disposal of asbestoswaste

Section 13 - Supervising Workers

- Establishing goals - Providing clear instructions - Establishing expectations - Use of supervisory authority - Motivatingworkers

Section 14 - Review and Examination

- Review - Examination (covering sections 10-13)

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SAFE BUILDINGS ALLIANCE,

Petitioner,

THE UNITED STATES DEPARTMENT OF LABOR, OCCUPATIONAL SAFETY ANDHEALTH ADMINISTRATION,

Respondent.

---------------------------------------------

The petitioner in the above-captioned case has sought judicialreview of the revised asbestos standards for general industry, constructionand shipyards issued by the Occupational Safety and Health Administration(OSHA) on August 10, 1994, 59 F.R. 40964, to be codified at 29 CFR 1910.1001,1915.1001, and 1926.1101. In order to resolve the issues raised by thispetition, the parties hereby agree to the following.

1. In order to assure that the Preamble to the asbestos standardsis fully consistent with the regulatory text, OSHA will make the followingcorrections to the preamble to the final standards covering occupationalexposure to asbestos (59 FR 40964 et seq.).

a) OSHA will delete the second sentence in paragraph 2, p.40978,col 1, and in its place will insert the following paragraph.

In many places in this Preamble, OSHA refers to "high risk"

ACM and PACM. These terms are not used in the regulatory text. Theterm "risk" refers to the possibility or potential for injury and does notmean injury will necessarily occur. OSHA uses these terms in the Preamble ina relative sense to describe its findings that TSI and surfacing material aremore prevalent and can be more friable than many other asbestos-containingmaterials in buildings. As discussed elsewhere in the Preamble, OSHA findsthat the OSHA-required provisions involving all types of ACM should result inlow exposure levels that would protect employees from significantrisk.

b) OSHA will delete the phrase "high hazard" on page 40964, column1, paragraph 1.

c) OSHA will delete the phrase high hazard" three times, on lines8-9, 10 and 15 of the last paragraph, from the bottom of the first column onp. 41016 and in their place insert the phrase "high risk".

d) OSHA will delete the phrase "high hazard" on line 28 of thethird column on p. 41016 and in its place insert the phrase "potentially highrisk".

e) OSHA will delete the phrase "any contact with ACM/PACM whichreleases fibers or which alters its position or arrangement" on the lastthree lines in column 2 of page 40977 and line 1 of paragraph 1 of column 3.on p. 40977, and in its place substitute the phrase "activities that disruptthe matrix of ACM or PACM, crumble or pulverize ACM or PACM, or generatevisible debris from ACM or PACM."

f) OSHA will insert the phrase "perform housekeeping" after thephrase " all employees who", on line 10 of paragraph 2 in the first column onp. 40975.

2. OSHA will correct the regulatory text by making the followingredesignations and technical revisions:

a) OSHA will correct 1910.1001 (k)(7)(iv), 1926.1101(l)(4), and1915.1001 (1)(4) to read as follows:

Waste and debris and accompanying dust in an area containingaccessible thermal system insulation or surfacing material or visiblydeteriorated ACM...

b) To conform to the above correction, OSHA will correct 1910.1001(k)(1) to read as follows:

All surfaces shall be maintained as free as practicable of ACM wasteand debris and accompanying dust.

c). OSHA will clarify that a rebuttal of PACM must show that thematerial is not "ACM", defined as material containing more than 1% asbestos. Accordingly OSHA will substitute the term "ACM" for the term "asbestos" andwill delete the phrase "in the material" in paragraphs (j)(8)(ii)(A) and (B)in the general industry standard and paragraph (k)(4)(ii)(B) in the shipyardsand construction standards.

d) OSHA will correct its definition of the term "disturbance" toclarify the distinction between Class III and Class IV asbestos work.Therefore, the definition of "disturbance" in paragraph (b) of theconstruction and shipyards standards will be corrected to read:

"Disturbance" means activities that disrupt the matrix of ACM orPACM, crumble or pulverize ACM or PACM, or generate visible debris from ACMor PACM.

e) To further clarify the distinction between Class III and IVasbestos work, OSHA will correct the definition of Class IV asbestos work in1915.1001(b) and 1926.1101(b) to read as follows:

"Class IV asbestos work means maintenance and custodial activitiesduring which employees contact but do not disturb ACM or PACM and activitiesto clean up dust, waste and debris resulting from Class I, II and IIIactivities."

f) Paragraph (g)(9)(iii) of the construction and shipyardsstandards will be corrected to add the phrase "or another isolation method"at the end of the paragraph. As corrected the paragraph will read asfollows:

Where the disturbance involves drilling, cutting, abrading, sanding,chipping, breaking, or sawing of thermal system insulation or surfacingmaterial the employer shall use impermeable dropcloths, and shall isolate theoperation using mini-enclosures or glove bag systems pursuant to paragraph(g)(3) of this section, or another isolation method."

3. The corrections and additions to the Preamble and regulatorytext of the standards contained in this agreement shall be published in theFederal Register as soon as practicable as part of a documentcontaining general corrections and clarifications to the standards. Theamendments and additions to the regulatory text shall be effectiveimmediately upon publication in the Federal Register. Before publication,employers may rely on the provisions of this agreement as an expression ofOSHA's enforcement policy, and OSHA will not issue citations to any employerwho is acting in accordance with the provisions of this agreement.

4. Within ten days of the execution of this Agreement, thePetitioner will file a joint motion on behalf of the Petitioner and OSHAasking the Court to sever this case from the consolidated cases in whichother petitions are challenging the asbestos standards and to hold briefingin this case in abeyance until OSHA publishes in the Federal Register theadditions and amendments to these standards. If Petitioner's pending motionsto intervene in the cases brought challenging the OSHA standards by AFSCME,BCTD and SEIU have been granted, within ten days of the last called for inthis Agreement or any other additions or amendments published suasponte or as called by other Agreements, Petitioner shall, unless itdetermines that any of the other additions or amendments are inconsistentwith the issues covered by this Agreement, file a motion with the Court towithdraw its petition. In no event will Petitioner, once OSHA publishes theadditions and amendments called for in this Agreement, raise before the Courtany objections to any part of the standards as issued August 10,1994.

5. OSHA will inform the Petitioner of any other change in theregulatory text which will affect the requirements relating to buildingowners, which will be included in the Federal Register notice referred to inparagraph 10 of this Agreement.

6. By entering into this Agreement, the parties do not concede thevalidity or invalidity of any claim or argument that any party could haveraised in litigation.

7. All parties will bear their own costs and attorney fees.

8. The individuals signing this agreement on behalf of the partieshereby certify that they are authorized to bind the respective parties to theterms of this agreement.

Agreed, this 13th day of March, 1995.

THE UNITED STATES DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTHADMINISTRATION

By --------------------------------------------

Joseph A. Dear, Assistant Secretary Occupational Safety and HealthAdministration

SAFE BUILDINGS ALLIANCE

By ---------------------------------------------

Timothy S.Hardy, its Attorney