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

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

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:

Remove Existing Pages Insert Replacement Pages

Pages 1-7 New Pages 1-8

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

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

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

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 Compliance OfficersState Designees NIOSH Regional Program Directors 7(c)(1) Project Managers

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

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

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

B. Scope. This instruction applies OSHA-wide.

C. References.

1. Federal Register, Volume 59, Number 153, August 10, 1994, 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 Directors shalluse the guidelines in this instruction to ensure uniform enforcement of theOccupational 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) thereasons why no change is necessary | to maintain a program which isas effective. | | 5. In responding to this Federal Program Change,States should | note particularly Paragraph 29 of the SettlementAgreement | between OSHA and Roofing Industry and Paragraph 15 ofthe | Settlement Agreement between OSHA and the Flooring Industry | (see Appendix D). If a State chooses to amend its asbestos | standard as a means to implement the negative exposure | assessmentprovisions contained in the those agreements | and/or the competentperson training provisions contained | in paragraph 3 of theagreement with the Flooring Industry, | such State standard will bedeemed "at least as effective" | as the Federal standard so long asthe State provisions are | consistent with the terms of theagreements. | | 6. The RA shall advise the State designees that theymay consult | with the OSHA Regional Office for technical assistanceand | questions relating to inspections. | | 7. The RA shallreview policies, instructions and guidelines | issued by the Stateto determine that this change has been | communicated to Statecompliance 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 CFR 1910.1001,1926.1101, and 1915.1001, apply to all activities (except agriculture)covered by the Act. The Construction standard, 29 CFR 1926.1101, covers (butis not limited to) activities involving asbestos: demolition, removal,alteration, repair, maintenance, installation, clean-up transportation,disposal, and storage. The Shipyard standard, 29 CFR 1915.1001, coversworkers engaged in shipyard industry activities such as shipbuilding, shiprepair 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 | standardapplies before proceeding. The Construction | standard and theShipyard standard are essentially the | same while the GeneralIndustry standard differs mainly | in the fact that work covered byGeneral Industry is not | included in the "class system". TheGeneral Industry | standard does have a mandatoryappendix for Brake and | Clutch repair and specific floormaintenance provisions.

I. Inspection Guidelines for Occupational Exposure to Asbestos. Thefollowing guidance provides a general framework to assist the CSHO inconducting 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 opening conferencethat the employer | begin collecting other required documents,e.g., | medical surveillance records, training records, and | the respiratory protection program for all affected | employees.

c. In general industry, if the TWA and/or the Excursion 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 provisions of the standardare provided in Appendices A through D to assist CSHOs in conductinginspections.

- Appendix A-- Construction/Shipyard Decision Flow Chart

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

- Appendix C-- Questions and Answers

- Appendix D-- Supplemental Information

K. Classification and Grouping of Violations. The procedures inthe Field Inspection Reference Manual, Chapters III, C.2. and 5, shall befollowed. If deviations appear appropriate, however, they may be discussedwith 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 concern addressedin this section is the protection of the CSHO. Compliance Officers arereminded about Agency policy that appropriate personal protective equipmentbe 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 Compliance Officers StateDesignees NIOSH Regional Program Directors 7(c)(1) Project Managers

Table of Contents

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

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

A. No to both questions. The Construction and Shipyard standards requirethe competent person evaluate the need for engineering controls, and toensure 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, whenremoving material which is bound in a matrix, misting may be appropriate.Removing ACM or PACM which is not so bound, or where deterioration of the ACMhas occurred, would require more aggressive wetting.

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

A: Clean up of sizable amounts of asbestos waste and debris is covered bythe Construction Standard. However, an asbestos spill has occurred when, forexample, water damage occurs in a building or facility, and sizable amountsof ACM and/or PACM are dislodged. A competent person shall evaluate the siteand ACM/PACM to be handled, and based on the type, condition and extent ofthe dislodged material, classify the cleanup as Class I, II, or III. Only ifthe material was intact and the cleanup involved mere contact of ACM, ratherthan disturbance, could there be a Class IV classification. An example mightbe the collection and disposal of dislodged intact ceiling tiles. Sincecollecting the tiles and disposing of them can be accomplished by carefulhandling, and would not result in disturbance of the material, this activitywould be a Class IV job. As such, it would still have to be assessed by acompetent person. Wet methods, HEPA vacuuming and prompt disposal are alsorequired.

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

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

Q. Does outdoor Class I work require an enclosure?

A. OSHA believes that most outdoor Class I work may be safely done withoutenclosures. Therefore, OSHA does not require enclosures. An exposureassessment must take place prior to outdoor work to determine other requiredcontrols.

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

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

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

A. Yes, for Category I asbestos work, a glove bag system which meets therequirements of the standard may be used. The glove bag must meet thespecifications 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.

Table of Contents

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