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(continued)
(2) Only nonsparking paint buckets, spray guns and tools shall be used. Metal parts of paint brushes and rollers shall be insulated. Staging and scaffolding shall be erected in a manner which ensures that it is nonsparking.
(3) Spray guns, paint pots, and metallic parts of connecting tubing shall be electrically bonded, and the bonded assembly shall be grounded to the vessel.
(4) All motors and control equipment shall be of the explosion-proof type. Fans shall have nonferrous blades. Portable air ducts shall also be of nonferrous materials and bonded to prevent the accumulation of static electricity. All motors and associated control equipment shall be properly maintained and grounded.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
Appendix A to Section 8355 - Compliance Assistance Guidelines for Confined and Enclosed Spaces and Other Dangerous Atmospheres
This Appendix is a non-mandatory set of guidelines provided to assist employers in complying with the requirements of this section. This Appendix neither creates additional obligations nor detracts from obligations otherwise contained in the standard. It is intended to provide explanatory information and educational material to employers and employees to foster understanding of, and compliance with, the standard. The requirements of this standard are minimum safety standards for entering and working safely in vessel tanks and compartments.
Section 8354 Definition of "Hot work." There are several instances in which circumstances do not necessitate that grinding, drilling, abrasive blasting be regarded as hot work. Some examples are:
1. Abrasive blasting of the hull for paint preparation does not necessitate pumping and cleaning the tanks of a vessel.
2. Prior to hot work on any hollow structure, the void space should be tested and appropriate precautions taken.
Section 8354 Definition of "Lower explosive limit." The terms lower flammable limit (LFL) and lower explosive limit (LEL) are used interchangeably in fire science literature.
Section 8354 Definition of "Upper explosive limit." The terms upper flammable limit (UFL) and upper explosive limit (UEL) are used interchangeably in fire science literature.
Section 8355(e)(1). After a tank has been properly washed and ventilated, the tank should contain 20.8 percent oxygen by volume. This is the same amount found in our normal atmosphere at sea level. However, it is possible that the oxygen content will be lower. When this is the case, the reasons for this deficiency should be determined and corrective action taken.
An oxygen content of 19.5 percent can support life and is adequate for entry. However, any oxygen level less than 20.8 percent and greater than 19.5 percent level should also alert the competent person to look for the causes of the oxygen deficiency and to correct them prior to entry.
Section 8355(e)(2) Flammable atmospheres. Atmospheres with a concentration of flammable vapors at or above 10 percent of the lower explosive limit (LEL) are considered hazardous when located in confined spaces. However, atmospheres with flammable vapors below 10 percent of the LEL are not necessarily safe.
Such atmospheres are too lean to burn. Nevertheless, when a space contains or produces measurable flammable vapors below the 10 percent LEL, it might indicate that flammable vapors are being released or introduced into the space and could present a hazard in time. Therefore, the cause of the vapors should be investigated and, if possible, eliminated prior to entry.
Some situations that have produced measurable concentrations of flammable vapors that could exceed 10 percent of the LEL in time are:
1. Pipelines that should have been blanked or disconnected have opened, allowing product into the space.
2. The vessel may have shifted, allowing product not previously cleaned and removed during washing to move into other areas of the vessel.
3. Residues may be producing the atmosphere by releasing flammable vapor.
Section 8355(e)(2) Flammable atmospheres that are toxic. An atmosphere with a measurable concentration of a flammable substance below 10 percent of the LEL may be above the permissible exposure limit for that substance. In that case, refer to subsection (e)(3)(B), (C), and (D).
Section 8355(f)(2)(D), (h)(3) and (h)(5). The frequency with which a tank is monitored to determine if atmospheric conditions are being maintained is a function of several factors that are discussed below:
1. Temperature. Higher temperatures will cause a combustible or flammable liquid to vaporize at a faster rate than lower temperatures. This is important since hotter days may cause tank residues to produce more vapors and that may result in the vapors exceeding 10 percent of the LEL or an overexposure to toxic contaminants.
2. Work in the tank. Any activity in the tank could change the atmospheric conditions in that tank. Oxygen from a leaking oxyfuel hose or torch could result in an oxygen-enriched atmosphere that would more easily propagate a flame. Some welding operations use inert gas, and leaks can result in an oxygen-deficient atmosphere. Manual tank cleaning with high pressure spray devices can stir up residues and result in exposures to toxic contaminants. Simple cleaning or mucking out, where employees walk through and shovel residues and sludge, can create a change in atmospheric conditions.
3. Period of time elapsed. If a period of time has elapsed since a Marine Chemist or Coast Guard authorized person has certified a tank as safe, the atmospheric condition should be rechecked by the competent person prior to entry and starting work.
4. Unattended tanks or spaces. When a tank or space has been tested and declared safe, then subsequently left unattended for a period of time, it should be retested prior to entry and starting work. For example, when barges are left unattended at night, unidentified products from another barge are sometimes dumped into their empty tanks. Since this would result in a changed atmosphere, the tanks should be retested prior to entry and starting work.
5. Work break. When workers take a break or leave at the end of the shift, equipment sometimes is inadvertently left in the tanks. At lunch or work breaks and at the end of the shift are the times when it is most likely someone will leave a burning or cutting torch in the tank, perhaps turned on and leaking oxygen or an inert gas. Since the former can produce an oxygen-enriched atmosphere, and the latter an oxygen-deficient atmosphere, tanks should be checked for equipment left behind, and atmosphere, monitored if necessary prior to re-entering and resuming work. In an oxygen-enriched atmosphere, the flammable range is severely broadened. This means than an oxygen-enriched atmosphere can promote very rapid burning.
6. Ballasting or trimming. Changing the position of the ballast, or trimming or in any way moving the vessel so as to expose cargo that had been previously trapped, can produce a change in the atmosphere of the tank. The atmosphere should be retested after any such move and prior to entry or work.
Section 8355(g)(1) and (2) Hot work. This is a reminder that other sections of the shipyard safety and health standards in subchapter 18 should be reviewed prior to starting any hot work. Most notably, Article 7 Welding, Cutting and Heating, places additional restrictions on hot work begun on any metal that is toxic, covered by a preservative coating or is begun on any structural voids.
Section 8355(e)(1)(B). During hot work, more than 20.8 percent oxygen by volume can be unsafe since it extends the normal flammable range. The standard permits the oxygen level to reach 22 percent by volume in order to account for instrument error. However, the cause of excess oxygen should be investigated and the source removed.
Section 8355(i)(2). If the entire vessel has been found to be in the same condition, then employers shall be considered to be in compliance with this requirement when signs using appropriate warning language in accordance with subsection (i)(1) are posted at the gangway and at all other means of access to the vessel.
Appendix B to Section 8355 - Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment
This Appendix provides a complete reprint of U.S. Coast Guard regulations as of October 1, 1993 referenced in section 8355 for purposes of determining who is a Coast Guard authorized person.
1. Title 46 CFR 35.01-1(a) through (c) covering hot work on tank vessels reads as follows:
(a) The provisions of "Standard for the Control of Gas Hazards on Vessels to be Repaired." NFPA No. 306, published by National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be used as a guide in conducting the inspections and issuance of certificates required by this section.
(b) Until an inspection has been made to determine that such operation can be undertaken with safety, no alterations, repairs, or other such operations involving riveting, welding, burning, or like fire-producing actions shall be made:
(1) Within or on the boundaries of cargo tanks that have been used to carry flammable or combustible liquid or chemicals in bulk, or within spaces adjacent to such cargo tanks; or
(2) Within or on the boundaries of fuel tanks; or
(3) To pipelines, heating coils, pumps, fittings, or other appurtenances connected to such cargo or fuel tanks.
(c) Such inspections shall be made and evidenced as follows:
(1) In ports or places in the United States or its territories and possessions, the inspection shall be made by a Marine Chemist certificated by the National Fire Protection Association; however, if the services of such certified Marine Chemists are not reasonably available, the Officer in Charge, Marine Inspection, upon the recommendation of the vessel owner and his contractor or their representative, shall select a person who, in the case of an individual vessel, shall be authorized to make such inspection. If the inspection indicates that such operations can be undertaken with safety, a certificate setting forth the fact in writing and qualified as may be required, shall be issued by the certified Marine Chemist or the authorized person before the work is started. Such qualifications shall include any requirements as may be deemed necessary to maintain, insofar as can reasonably be done, the safe conditions in the spaces certified, throughout the operation and shall include such additional tests and certifications as considered required. Such qualifications and requirements shall include precautions necessary to eliminate or minimize hazards that may be present from protective coatings or residues from cargoes.
2. Title 46 CFR 71.60(c)(1) covering hot work on passenger vessels reads as follows:
(a) The provisions of "Standard for the Control of Gas Hazards on Vessels to be Repaired," NFPA No. 306, published by National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be used as a guide in conducting the inspections and issuance of certificates required by this section.
(b) Until an inspection has been made to determine that such operation can be undertaken with safety, repairs, or other such operations involving riveting, welding, burning, or like fire-producing actions shall be made:
(1) Within or on the boundaries of cargo tanks which have been used to carry flammable or combustible liquid or chemicals in bulk, or within spaces adjacent to such cargo tanks; or
(2) Within or on the boundaries of fuel tanks; or
(3) To pipe lines, heating coils, pumps, fittings, or other appurtenances connected to such cargo or fuel tanks.
(c) Such inspections shall be made and evidenced as follows:
(1) In ports or or places in the United States or its territories and possessions the inspection shall be made by a Marine Chemist certificated by the National Fire Protection Association; however, if the services of such certified Marine Chemist are not reasonably available, the Officer in Charge, Marine Inspection, upon the recommendation of the vessel owner and his contractor or their representative, shall select a person who, in the case of an individual vessel, shall be authorized to make such inspection. If the inspection indicated that such operations can be undertaken with safety, a certificate setting forth the fact in writing and qualified as may be required, shall be issued by the certified Marine Chemist or the authorized person before the work is started. Such qualifications shall include any requirements as may be deemed necessary to maintain, insofar as can reasonably be done, the safe conditions in the spaces certified throughout the operation and shall include such additional tests and certifications as considered required. Such qualifications and requirements shall include precautions necessary to eliminate or minimize hazards that may be present from protective coatings or residues from cargoes.
3. Title 46 CFR 91.50-1(c)(1) covering hot work on cargo and miscellaneous vessels as follows:
(a) The provisions of "Standard for the Control of Gas Hazards on Vessels to be Repaired." NFPA No. 306, published by National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269, shall be used as a guide in conducting the inspections and issuance of certificates required by this section.
(b) Until an inspection has been made to determine that such operation can be undertaken with safety, no alterations, repairs, or other such operations involving riveting, welding, burning, or like fire-producing actions shall be made:
(1) Within or on the boundaries of cargo tanks which have been used to carry flammable or combustible liquid or chemicals in bulk, or within spaces adjacent to such cargo tanks; or,
(2) Within or on the boundaries of fuel tanks; or,
(3) To pipe lines, heating coils, pumps, fittings, or other appurtenances connected to such cargo or fuel tanks.
(c) Such inspections shall be made and evidenced as follows:
(1) In ports or places in the United States or its territories and possessions the inspection shall be made by a Marine Chemist certificated by the National Fire Protection Association; however, if the services of such certified Marine Chemist are not reasonably available, the Officer in Charge, Marine Inspection, upon the recommendation of the vessel owner and his contractor or their representative, shall select a person who, in the case of an individual vessel, shall be authorized to make such inspection. If the inspection indicated that such operations can be undertaken with safety, a certificate setting forth the fact in writing and qualified as may be required, shall be issued by the certified Marine Chemist or the authorized person before the work is started. Such qualifications shall include any requirements as may be deemed necessary to maintain, insofar as can reasonably be done, the safe conditions in the spaces certified throughout the operation and shall include such additional tests and certifications as considered required. Such qualifications and requirements shall include precautions necessary to eliminate or minimize hazards that may be present from protective coatings or residues from cargoes.
s 8357. Inert-Gas Shielded Metal-Arc Welding.
Employees shall not be permitted or required to operate such equipment until they have been thoroughly instructed in its use, and have knowledge of the hazards involved. Before starting operations, the following shall be complied with:
(a) Before starting to work in an area used for purposes other than welding, permission to weld shall be obtained from the supervisor directly responsible.
(b) General ventilation for such operations shall be installed.
(c) Local exhaust ventilation or supplied-air respirators shall be provided in all cases when doing inert-gas shielded metal-arc welding of stainless steel, lead, zinc, beryllium, copper, or cadmium to protect against dangerous concentrations of toxic gases and fumes.
(d) The use of chlorinated solvents shall be kept away from the exposed arc; surfaces prepared with chlorinated solvents shall be steamed and thoroughly dried or otherwise cleaned of chlorinated solvents before welding is permitted on such surface.
(e) Where inert-gas shielded metal-arc welding is being used, employees and others in the area not protected by screening shall be provided with and shall wear shaded goggles, with side shields.
(f) Protective clothing, including gloves, shall be worn by employees within the areas exposed to radiation so that the skin is covered completely to prevent burns and other damage by ultraviolet rays. Shirts worn shall be dark in color to reduce reflection to the face from underneath the helmet. Welding helmets and hand-held shields shall be free from leaks and openings and free of highly reflective surfaces.
Note: Cotton clothing should be covered since it disintegrates rapidly when exposed to high intensities of ultraviolet rays.
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
s 8358. Asbestos.
(a) Scope and application.
This section regulates asbestos exposure in all shipyard employment work as defined in Section 8347, including but not limited to the following:
(1) Demolition or salvage of structures, vessels, and vessel sections where asbestos is present;
(2) Removal or encapsulation of materials containing asbestos;
(3) Construction, alteration, repair, maintenance, or renovation of vessels, vessel sections, structures, substrates, or portions thereof, that contain asbestos;
(4) Installation of products containing asbestos;
(5) Asbestos spill/emergency cleanup; and
(6) Transportation, disposal, storage, containment of and housekeeping activities involving asbestos or products containing asbestos, on the site or location at which construction activities are performed.
(7) Coverage under this standard shall be based on the nature of the work operation involving asbestos exposure.
(8) Whenever employee exposure to asbestos, as defined in subsection (b) of this section consists only of exposure to tremolite, anthophyllite, and actinolite in the non-asbestiform mineral habit, the provisions of Section 5208.1 of the General Industry Safety Orders shall apply and supersede the provisions of this section.
(9) The provisions of this section are subject to the requirements of the Occupational Carcinogen Control Act of 1976 (Labor Code, Division 5, part 10).
(b) Definitions.
"Aggressive method" means removal or disturbance of building/vessel materials by sanding, abrading, grinding, or other method that breaks, crumbles, or otherwise disintegrates intact ACM.
"Amended water" means water to which surfactant (wetting agent) has been added to increase the ability of the liquid to penetrate ACM.
"Asbestos" includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that has been chemically treated and/or altered. For purposes of this standard, "asbestos" includes PACM, as defined below.
"Asbestos-containing material, (ACM)" means any material containing more than one percent asbestos.
"Assistant Secretary" means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or designee.
"Authorized person" means any person authorized by the employer and required by work duties to be present in regulated areas.
"Building/facility/vessel owner" is the legal entity, including a lessee, which exercises control over management and record keeping functions relating to a building, facility, and/or vessel in which activities covered by this standard take place.
"Certified Industrial Hygienist (CIH)" means one certified in the practice of industrial hygiene by the American Board of Industrial Hygiene.
"Chief". The Chief of the Division of Occupational Safety and Health, P.O. Box 420603, San Francisco, CA 94142.
"Class I asbestos work" means activities involving the removal of thermal system insulation or surfacing ACM/PACM.
"Class II asbestos works" means activities involving the removal of ACM which is neither TSI or surfacing ACM. This includes, but is not limited to, the removal of asbestos-containing wallboard, floor tile and sheeting, roofing and siding shingles, and construction mastics.
"Class III asbestos work means" repair and maintenance operations, where "ACM", including TSI and surfacing ACM and PACM, is likely to be disturbed.
"Class IV asbestos work" means maintenance and custodial activities during which employees contact but do not disturb ACM or PACM and activities to clean up dust, waste and debris resulting from Class I, II, and III activities.
"Clean room" means an uncontaminated room having facilities for the storage of employees' street clothing and uncontaminated materials and equipment.
"Closely resemble" means that the major workplace conditions which have contributed to the levels of historic asbestos exposure, are no more protective than conditions of the current workplace.
"Competent person" see "Qualified person."
"Critical barrier" means one or more layers of plastic sealed over all openings into a work area or any other physical barrier sufficient to prevent airborne asbestos in a work area from migrating to an adjacent area.
"Decontamination area" means an enclosed area adjacent and connected to the regulated area and consisting of an equipment room, shower area, and clean room, which is used for the decontamination of workers, materials, and equipment that are contaminated with asbestos.
"Demolition" means the wrecking or taking out of any load- supporting structural member and any related razing, removing, or stripping of asbestos products.
"Director" means the Director, National institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee.
"Disturbance" means activities that disrupt the matrix of ACM or PACM, crumble or pulverize ACM or PACM, or generate visible debris from ACM or PACM. Disturbance includes cutting away small amounts of ACM and PACM, no greater than the amount which can be contained in one standard sized glovebag or waste bag, in order to access a building or vessel component. In no event shall the amount of ACM or PACM so disturbed exceed that which can be contained in one glovebag or waste bag which shall not exceed 60 inches in length and width.
"Employee exposure" means that exposure to airborne asbestos that would occur if the employee were not using respiratory protective equipment.
"Equipment room (change room)" means a contaminated room located within the decontamination area that is supplied with impermeable bags or containers for the disposal of contaminated protective clothing and equipment.
"Fiber" means a particulate form of asbestos, 5 micrometers or longer, with a length-to-diameter ratio of at least 3 to 1.
"Glovebag" means not more than a 60 x 60 inch impervious plastic bag-like enclosure affixed around asbestos-containing material, with glove-like appendages through which material and tools may be handled.
"High-efficiency particulate air (HEPA) filter" means a filter capable of trapping and retaining at least 99.97 percent of all mono-dispersed particles of 0.3 micrometers in diameter.
"Homogeneous area" means an area of surfacing material or thermal system insulation that is uniform in color and texture.
"Incident" means any unanticipated event which causes, or is immediately likely to cause, an exposure of an employee, unprotected by an appropriate respirator, to asbestos fibers in excess of the PEL and/or excursion limit.
"Industrial hygienist" means a professional qualified by education, training, and experience to anticipate, recognize, evaluate and develop controls for occupational health hazards.
"Intact" means that the ACM has not crumbled, been pulverized, or otherwise deteriorated so that the asbestos is no longer likely to be bound with its matrix.
"Modification" for purposes of subsection (g)(6)(B) of this section, means a changed or altered procedure, material or component of a control system, which replaces a procedure, material or component of a required system. Omitting a procedure or component, or reducing or diminishing the stringency or strength of a material or component of the control system is not a "modification" for purposes of subsection (g)(6) of this section.
"Negative Initial Exposure Assessment" means a demonstration by the employer, which complies with the criteria in subsection (f)(2)(C) of this section, that employee exposure during an operation is expected to be consistently below the PELs.
"PACM" means "presumed asbestos containing material".
"Presumed Asbestos Containing Material" means thermal system insulation and surfacing material found in buildings, vessels, and vessel sections constructed no later than 1980. The designation of a material as "PACM" may be rebutted pursuant to subsection (k)(5) of this section.
"Project Designer" means a person who has successfully completed the training requirements for an abatement project designer established by 40 U.S.C. Sec. 763.90(g).
"Qualified person" means, in addition to the definition in section 1504(a), one who is capable of identifying existing asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, who has the authority to take prompt corrective measures to eliminate them, as specified in section 1504(a); in addition, for Class I and Class II work who is specially trained in a training course which meets the criteria of EPA's Model Accreditation Plan (40 CFR part 763) for supervisor, or its equivalent, and for Class Ill and Class IV work, who is trained in a manner consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2).
"Regulated area" means an area established by the employer to demarcate areas where Class I, II, and III asbestos work is conducted, and any adjoining area where debris and waste from such asbestos work accumulate; and a work area within which airborne concentrations of asbestos, exceed or can reasonably be expected to exceed the permissible exposure limit. Requirements for regulated areas are set out in subsection (e) of this section.
"Removal" means all operations where ACM and/or PACM is taken out or stripped from structures or substrates, and includes demolition operations.
"Renovation" means the modifying of any existing vessel, vessel section, structure, or portion thereof.
"Repair" means overhauling, rebuilding, reconstructing, or reconditioning of vessels, vessel sections, structures or substrates, including encapsulation or other repair of ACM or PACM attached to structures or substrates.
"Surfacing material" means material that is sprayed, troweled-on or otherwise applied to surfaces (such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, and other purposes).
"Surfacing ACM" means surfacing material which contains more than 1% asbestos.
"Thermal system insulation (TSI)" means ACM applied to pipes, fittings, boilers, breeching, tanks, ducts or other structural components to prevent heat loss or gain.
"Thermal system insulation ACM" is thermal system insulation which contains more than 1% asbestos.
(c) Permissible exposure limits (PELS).
(1) Time-weighted average limit (TWA). The employer shall ensure that no employee is exposed to an airborne concentration of asbestos in excess of 0.1 fiber per cubic centimeter of air as an eight (8) hour time-weighted average (TWA), as determined by the method prescribed in Appendix A to this section, or by an equivalent method.
(2) Excursion limit. The employer shall ensure that no employee is exposed to an airborne concentration of asbestos in excess of 1.0 fiber per cubic centimeter of air (1 f/cc) as averaged over a sampling period of thirty (30) minutes, as determined by the method prescribed in Appendix A to this section, or by an equivalent method.
(d) Multi-employer worksites.
(1) On multi-employer worksites, an employer performing work requiring the establishment of a regulated area shall inform other employers on the site of the nature of the employer's work with asbestos and/or PACM, of the existence of and requirements pertaining to regulated areas, and the measures taken to ensure that employees of such other employers are not exposed to asbestos.
(2) Asbestos hazards at a multi-employer work site shall be abated by the contractor who created or controls the source of asbestos contamination. For example, if there is a significant breach of an enclosure containing Class I work, the employer responsible for erecting the enclosure shall repair the breach immediately.
(3) In addition, all employers of employees exposed to asbestos hazards shall comply with applicable protective provisions to protect their employees. For example, if employees working immediately adjacent to a Class I asbestos job are exposed to asbestos due to the inadequate containment of such job, their employer shall either remove the employees from the area until the enclosure breach is repaired; or perform an initial exposure assessment pursuant to subsection (f) of this section.
(4) All employers of employees working adjacent to regulated areas established by another employer on a multi-employer work-site, shall take steps on a daily basis to ascertain the integrity of the enclosure and/or the effectiveness of the control method relied on by the primary asbestos contractor to assure that asbestos fibers do not migrate to such adjacent areas.
(5) All general contractors on a shipyard project which includes work covered by this standard shall be deemed to exercise general supervisory authority over the work covered by this standard, even though the general contractor is not qualified to serve as the asbestos "qualified person" as defined by subsection (b) of this section. As supervisor of the entire project, the general contractor shall ascertain whether the asbestos contractor is in compliance with this standard, and shall require such contractor to come into compliance with this standard when necessary.
(e) Regulated areas.
(1) All Class I, II and III asbestos work shall be conducted within regulated areas. All other operations covered by this standard shall be conducted within a regulated area where airborne concentrations of asbestos exceed, or there is a reasonable possibility they may exceed a PEL. Regulated areas shall comply with the requirements of subsections (e)(2), (3), (4) and (5) of this section.
(2) Demarcation. The regulated area shall be demarcated in any manner that minimizes the number of persons within the area and protects persons outside the area from exposure to airborne asbestos. Where critical barriers or negative pressure enclosures are used, they may demarcate the regulated area. Signs shall be provided and displayed pursuant to the requirements of subsection (k)(7) of this section.
(3) Access. Access to regulated areas shall be limited to authorized persons and to persons authorized by the Chief or Director.
(4) Respirators. All persons entering a regulated area where employees are required pursuant to subsection (h)(1) of this section to wear respirators shall be supplied with a respirator selected in accordance with subsection (h)(2) of this section.
(5) Prohibited activities. The employer shall ensure that employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in the regulated area.
(6) Qualified Persons. The employer shall ensure that all asbestos work performed within regulated areas is supervised by a qualified person, as defined in subsection (b) of this section. The duties of the qualified person are set out in subsection (o) of this section.
(f) Exposure assessments and monitoring.
(1) General monitoring criteria.
(A) Each employer who has a workplace or work operation where exposure monitoring is required under this section shall perform monitoring to determine accurately the airborne concentrations of asbestos to which employees may be exposed.
(B) Determinations of employee exposure shall be made from breathing zone air samples that are representative of the 8-hour TWA and 30-minute short-term exposures of each employee.
(C) Representative 8-hour TWA employee exposure shall be determined on the basis of one or more samples representing full-shift exposure for employees in each work area. Representative 30-minute short-term employee exposures shall be determined on the basis of one or more samples representing 30 minute exposures associated with operations that are most likely to produce exposures above the excursion limit for employees in each work area.
(2) Initial Exposure Assessment.
(A) Each employer who has a workplace or work operation covered by this standard shall ensure that a "qualified person" conducts an exposure assessment immediately before or at the initiation of the operation to ascertain expected exposures during that operation or workplace. The assessment must be completed in time to comply with requirements which are triggered by exposure data or the lack of a "negative exposure assessment," and to provide information necessary to assure that all control systems planned are appropriate for that operation and will work properly.
(B) Basis of Initial Exposure Assessment: Unless a negative exposure assessment has been made pursuant to subsection (f)(2)(C) of this section, the initial exposure assessment shall, if feasible, be based on monitoring conducted pursuant to subsection (f)(1)(C) of this section. The assessment shall take into consideration both the monitoring results and all observations, information or calculations which indicate employee exposure to asbestos, including any previous monitoring conducted in the workplace, or of the operations of the employer which indicate the levels of airborne asbestos likely to be encountered on the job. For Class I asbestos work, until the employer conducts exposure monitoring and documents that employees on that job will not be exposed in excess of the PELs, or otherwise makes a negative exposure assessment pursuant to subsection (f)(2)(C) of this section, the employer shall presume that employees are exposed in excess of the TWA and excursion limit.
(C) Negative Initial Exposure Assessment: For any one specific asbestos job which will be performed by employees who have been trained in compliance with the standard, the employer may demonstrate that employee exposures will be below the PELs by data which conform to the following criteria;
1. Objective data demonstrating that the product or material containing asbestos minerals or the activity involving such product or material cannot release airborne fibers in concentrations exceeding the TWA and excursion limit under those work conditions having the greatest potential for releasing asbestos; or
2. Where the employer has monitored prior asbestos jobs for the PEL and the excursion limit within 12 months of the current or projected job, the monitoring and analysis were performed in compliance with the asbestos standard in effect; and the data were obtained during work operations conducted under workplace conditions "closely resembling" the processes, type of material, control methods, work practices, and environmental conditions used and prevailing in the employer's current operations, the operations were conducted by employees whose training and experience are no more extensive than that of employees performing the current job, and these data show that under the conditions prevailing and which will prevail in the current workplace there is a high degree of certainty that employee exposures will not exceed the TWA and excursion limit; or
3. The results of initial exposure monitoring of the current job made from breathing zone air samples that are representative of the 8-hour TWA and 30 minute short-term exposures of each employee covering operations which are most likely during the performance of the entire asbestos job to result in exposures over the PELs.
(3) Periodic monitoring.
(A) Class I and II operations. The employer shall conduct daily monitoring that is representative of the exposure of each employee who is assigned to work within a regulated area who is performing Class I or II work, unless the employer pursuant to subsection (f)(2)(C) of this section, has made a negative exposure assessment for the entire operation.
(B) All operations under the standard other than Class I and II operations. The employer shall conduct periodic monitoring of all work where exposures are expected to exceed a PEL, at intervals sufficient to document the validity of the exposure prediction.
(C) Exception: When all employees required to be monitored daily are equipped with supplied-air respirators operated in the pressure demand mode, or other positive pressure mode respirator, the employer may dispense with the daily monitoring required by this subsection. However, employees performing Class I work using a control method which is not listed in subsections (g)(4)(A), (B), or (C) of this section or using a modification of a listed control method, shall continue to be monitored daily even if they are equipped with supplied-air respirators
(4) Termination of monitoring.
(A) If the periodic monitoring required by subsection (f)(3) of this section reveals that employee exposures, as indicated by statistically reliable measurements, are below the permissible exposure limit and excursion limit the employer may discontinue monitoring for those employees whose exposures are represented by such monitoring.
(B) Additional monitoring. Notwithstanding the provisions of subsections (f)(2) and (3), and (f)(4) of this section, the employer shall institute the exposure monitoring required under subsection (f)(3) of this section whenever there has been a change in process, control equipment, personnel or work practices that may result in new or additional exposures above the permissible exposure limit and/or excursion limit or when the employer has any reason to suspect that a change may result in new or additional exposures above the permissible exposure limit and/or excursion limit. Such additional monitoring is required regardless of whether a "negative exposure assessment" was previously produced for a specific job.
(5) Employee notification of monitoring results.
(A) The employer shall notify affected employees of the monitoring results that represent that employee's exposure as soon as possible but no later than 5 days following receipt of monitoring results.
(B) The employer shall notify affected employees of the results of monitoring representing the employee's exposure in writing either individually or by posting at a centrally located place that is accessible to affected employees.
(6) Observation of monitoring.
(A) The employer shall provide affected employees and their designated representatives an opportunity to observe any monitoring of employee exposure to asbestos conducted in accordance with this section.
(B) When observation of the monitoring of employee exposure to asbestos requires entry into an area where the use of protective clothing or equipment is required, the observer shall be provided with and be required to use such clothing and equipment and shall comply with all other applicable safety and health procedures.
(g) Methods of compliance.
(1) Engineering controls and work practices for all operations covered by this section. The employer shall use the following engineering controls and work practices in all operations covered by this section, regardless of the levels of exposure:
(A) Vacuum cleaners equipped with HEPA filters to collect all debris and dust containing ACM and PACM, except as provided in subsection (g)(8)(B) of this section in the case of roofing material;
(B) Wet methods, or wetting agents, to control employee exposures during asbestos handling, mixing, removal, cutting, application, and cleanup, except where employers demonstrate that the use of wet methods is infeasible due to for example, the creation of electrical hazards, equipment malfunction, and, in roofing, except as provided in subsection (g)(8)(B) of this section.
(C) Prompt clean-up and disposal of wastes and debris contaminated with asbestos in leak-tight containers except in roofing operations, where the procedures specified in subsection (g)(8)(B) of this section apply.
(2) In addition to the requirements of subsection (g)(1) of this section above, the employer shall use the following control methods to achieve compliance with the TWA permissible exposure limit and excursion limit prescribed by subsection (c) of this section;
(A) Local exhaust ventilation equipped with HEPA filter dust collection systems;
(B) Enclosure or isolation of processes producing asbestos dust;
(C) Ventilation of the regulated area to move contaminated air away from the breathing zone of employees and toward a filtration or collection device equipped with a HEPA filter;
(D) Use of other work practices and engineering controls that the Assistant Secretary can show to be feasible.
(E) Wherever the feasible engineering and work practice controls described above are not sufficient to reduce employee exposure to or below the permissible exposure limit and/or excursion limit prescribed in subsection (c) of this section, the employer shall use them to reduce employee exposure to the lowest levels attainable by these controls and shall supplement them by the use of respiratory protection that complies with the requirements of subsection (h) of this section.
(3) Prohibitions. The following work practices and engineering controls shall not be used for work related to asbestos or for work which disturbs ACM or PACM, regardless of measured levels of asbestos exposure or the results of initial exposure assessments:
(A) High-speed abrasive disc saws that are not equipped with point of cut ventilator or enclosures with HEPA filtered exhaust air.
(B) Compressed air used to remove asbestos, or materials containing asbestos, unless the compressed air is used in conjunction with an enclosed ventilation system designed to capture the dust cloud created by the compressed air.
(C) Dry sweeping, shoveling or other dry clean-up of dust and debris containing ACM and PACM.
(D) Employee rotation as a means of reducing employee exposure to asbestos.
(E) The spraying of any substance containing any amount of asbestos in or upon a building or other structure during its construction, alteration, or repair is prohibited. Exceptions: 1. Exterior and interior coating and laminating resins containing encapsulated asbestos fibers bound within the finished product from manufacture through application. 2. Cold process asphalt roof coatings. 3. Substances containing less than one-quarter of 1 percent asbestos solely as a result of naturally occurring impurities in the substance or its components.
(4) Class I Requirements. In addition to the provisions of subsections (g)(1) and (2) of this section, the following engineering controls and work practices and procedures shall be used.
(A) All Class I work, including the installation and operation of the control system shall be supervised by a qualified person as defined in subsection (b) of this section;
(B) For all Class I jobs involving the removal of more than 25 linear or 10 square feet of TSI or surfacing ACM or PACM; for all other Class I jobs, where the employer cannot produce a negative exposure assessment pursuant to subsection (f)(2)(C) of this section, or where employees are working in areas adjacent to the regulated area, while the Class I work is being performed, the employer shall use one of the following methods to ensure that airborne asbestos does not migrate from the regulated area:
1. Critical barriers shall be placed over all the openings to the regulated area, except where activities are performed outdoors; or
2. The employer shall use another barrier or isolation method which prevents the migration of airborne asbestos from the regulated area, as verified by perimeter area surveillance during each work shift at each boundary of the regulated area, showing no visible asbestos dust; and perimeter area monitoring showing that clearance levels contained in 40 CFR Part 763, Subpart E of the EPA Asbestos in Schools Rule are met, or that perimeter area levels, measured by Phase Contrast Microscopy (PCM) are no more than background levels representing the same area before the asbestos work began. The results of such monitoring shall be made known to the employer no later than 24 hours from the end of the work shift represented by such monitoring. Exception: For work completed outdoors where employees are not working in areas adjacent to the regulated areas, this subsection (g)(4)(B) is satisfied when the specific control methods in subsection (g)(5) of this section are used.
(C) For all Class I jobs, HVAC systems shall be isolated in the regulated area by sealing with a double layer of 6 mil plastic or the equivalent;
(D) For all Class I jobs, impermeable dropcloths shall be placed on surfaces beneath all removal activity;
(E) For all Class I jobs, all objects within the regulated area shall be covered with impermeable dropcloths or plastic sheeting which is secured by duct tape or an equivalent.
(F) For all Class I jobs where the employer cannot produce a negative exposure assessment or where exposure monitoring shows the PELs are exceeded, the employer shall ventilate the regulated area to move contaminated air away from the breathing zone of employees toward a HEPA filtration or collection device.
(5) Specific Control Systems for Class I Work. In addition, Class I asbestos work may be performed using one or more of the following control methods pursuant to the limitations stated below:
(A) Negative Pressure Enclosure (NPE) systems: NPE systems may be used where the configuration of the work area does not make the erection of the enclosure infeasible, with the following specifications and work practices.
1. Specifications:
A. The negative pressure enclosure (NPE) may be of any configuration,
B. At least 4 air changes per hour shall be maintained in the NPE,
C. A minimum of -0.02 column inches of water pressure differential, relative to outside pressure, shall be maintained within the NPE as evidenced by manometric measurements,
D. The NPE shall be kept under negative pressure throughout the period of its use, and
E. Air movement shall be directed away from employees performing asbestos work within the enclosure, and toward a HEPA filtration ora collection device.
2. Work Practices:
A. Before beginning work within the enclosure and at the beginning of each shift, the NPE shall be inspected for breaches and smoke- tested for leaks, and any leaks sealed.
B. Electrical circuits in the enclosure shall be deactivated, unless equipped with ground-fault circuit interrupters.
(B) Glove bag systems way be used to remove PACM and/or ACM from straight runs of piping and elbows and other connections with the following specifications and work practices:
1. Specifications:
A. Glovebags shall be node of 6 mil thick plastic and shall be seamless at the bottom.
B. Glovebags used on elbows and other connections must be designed for that purpose and used without modifications.
2. Work Practices:
a. Each glovebag shall be installed so that it completely covers the circumference of pipe or other structure where the work is to be done.
b. Glovebags shall be smoke-tested for leaks and any leaks sealed prior to use.
c. Glovebags may be used only once and may not be moved.
d. Glovebags shall not be used on surfaces whose temperature exceeds 150<< degrees>>F.
e. Prior to disposal, glovebags shall be collapsed by removing air within them using a HEPA vacuum.
f. Before beginning the operation, loose and friable material adjacent to the glovebag/box operation shall be wrapped and sealed in two layers of six mil plastic or otherwise rendered intact.
g. Where system uses attached waste bag, such bag shall be connected to collection bag using hose or other material which shall withstand pressure of ACM waste and water without losing its integrity:
h. Sliding valve or other device shall separate waste bag from hose to ensure no exposure when waste bag is disconnected:
i. At least two persons shall perform Class I glovebag removal operations.
(C) Negative Pressure Glove Bag Systems. Negative pressure glove bag systems may be used to remove ACM or PACM from piping.
1. Specifications: In addition to specifications for glove bag systems above, negative pressure glove bag systems shall attach HEPA vacuum system or other device to bag to prevent collapse during removal.
2. Work Practices:
a. The employer shall comply with the work practices for glove bag systems in subsection (g)(5)(B)2.d. of this section,
b. The HEPA vacuum cleaner or other device used to prevent collapse of bag during removal shall run continually during the operation until it is completed at which time the bag shall be collapsed prior to removal of the bag from the pipe.
c. Where a separate waste bag is used along with a collection bag and discarded after one use, the collection bag may be reused if rinsed clean with amended water before reuse.
(D) Negative Pressure Glove Box systems: Negative pressure glove boxes may beused to remove ACM or PACM from pipe runs with the following specifications and work practices. (continued)