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(continued)
Installed Asbestos Containing Building Material. Employers and building owners shall identify TSI and sprayed or troweled on surfacing materials in buildings as asbestos-containing, unless they determine in compliance with subsection (k)(5) of this section that the material is not asbestos-containing. Asphalt and vinyl flooring material installed no later than 1980 must also be considered as asbestos containing unless the employer, pursuant to subsection (g)(8)(A)9. of this section determines that it is not asbestos-containing. If the employer/building owner has actual knowledge, or should have known through the exercise of due diligence, that other materials are asbestos-containing, they too must be treated as such. When communicating information to employees pursuant to this standard, owners and employers shall identify "PACM" as ACM. Additional requirements relating to communication of asbestos work on multi-employer worksites are set out in subsection (d) of this section.
(2) Duties of building and facility owners.
(A) Before work subject to this standard is begun, building and facility owners shall determine the presence, location, and quantity of ACM and/or PACM at the work site pursuant to subsection (k)(1) of this section.
(B) Building and/or facility owners shall notify the following persons of the presence, location and quantity of ACM or PACM, at the work sites in their buildings and facilities. Notification either shall be in writing, or shall consist of a personal communication between the owner and the person to whom notification must be given or their authorized representatives:
1. Prospective employers applying or bidding for work whose employees reasonably can be expected to work in or adjacent to areas containing such material;
2. Employees of the owner who will work in or adjacent to areas containing such material:
3. On multi-employer worksites, all employers of employees who will be performing work within or adjacent to areas containing such materials;
4. Tenants who will occupy areas containing such material.
(3) Duties of employers whose employees perform work subject to this standard in or adjacent to areas containing ACM and PACM. Building/facility owners whose employees perform such work shall comply with these provisions to the extent applicable.
(A) Before work in areas containing ACM and PACM is begun; employers shall identify the presence, location, and quantity of ACM, and/or PACM therein pursuant to subsection (k)(1) of this section.
(B) Before work under this standard is performed employers of employees who will perform such work shall inform the following persons of the location and quantity of ACM and/or PACM present in the area and the precautions to be taken to insure that airborne asbestos is confined to the area.
1. Owners of the building/facility;
2. Employees who will perform such work and employers of employees who work and/or will be working in adjacent areas.
(C) Within 10 days of the completion of such work, the employer whose employees have performed work subject to this standard, shall inform the building/facility owner and employers of employees who will be working in the area of the current location and quantity of PACM and/or ACM remaining in the area and final monitoring results, if any.
(4) In addition to the above requirements, all employers who discover ACM and/or PACM on a worksite shall convey information concerning the presence, location and quantity of such newly discovered ACM and/or PACM to the owner and to other employers of employees working at the work site, within 24 hours of the discovery.
(5) Criteria to rebut the designation of installed material as PACM.
(A) At any time, an employer and/or building owner may demonstrate, for purposes of this standard, that PACM does not contain asbestos. Building owners and/or employers are not required to communicate information about the presence of building material for which such a demonstration pursuant to the requirements of subsection (k)(5)(B) of this section has been made. However, in all such cases, the information, data and analysis supporting the determination that PACM does not contain asbestos, shall be retained pursuant to subsection (n) of this section.
(B) An employer or owner may demonstrate that PACM does not contain more than 1% asbestos by the following:
1. Having completed an inspection conducted pursuant to the requirements of AHERA (40 CFR Part 763, Subpart E) which demonstrates that the material is not ACM or;
2. Performing tests of the material containing PACM which demonstrate that no ACM is present in the material. Such tests shall include analysis of bulk samples collected in the manner described in 40 CFR 763.86. The tests, evaluation and sample collection shall be conducted by an accredited inspector or by a CIH. Analysis of samples shall be performed by persons or laboratories with proficiency demonstrated by current successful participation in a nationally recognized testing program such as the National Voluntary Laboratory Accreditation Program (NVLAP) or the National Institute for Standards and Technology (NIST) or the Round Robin for bulk samples administered by the American Industrial Hygiene Association (AIHA) or an equivalent nationally-recognized round robin testing program.
(C) The employer and/or building owner may demonstrate that flooring material including associated mastic and backing does not contain asbestos, by a determination of an industrial hygienist based upon recognized analytical techniques showing that the material is not ACM.
(6) At the entrance to mechanical rooms/areas in which employees reasonably can be expected to enter and which contain thermal system insulation and surfacing ACM and/or PACM, the building owner shall post signs which identify the material which is present, its location, and appropriate work practices which, if followed, will ensure that ACM and/or PACM will not be disturbed. The employer shall ensure, to the extent feasible, that employees who come in contact with these signs can comprehend them. Means to ensure employee comprehension may include the use of foreign languages, pictographs, graphics, and awareness training.
(7) Signs.
(A) Warning signs that demarcate the regulated area shall be provided and displayed at each location where a regulated area is required to be established by subsection (e) of this section. Signs shall be posted at such a distance from such a location that an employee may read the signs and take necessary protective steps before entering the area marked by the signs.
(B) 1. The warning signs required by subsection (k)(7) of this section shall bear the following information:
DANGER ASBESTOS CANCER AND LUNG DISEASE HAZARD AUTHORIZED PERSONNEL ONLY
2. In addition, where the use of respirators and protective clothing is required in the regulated area under this section, the warning signs shall include the following:
RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA
(C) The employer shall ensure that employees working in and contiguous to regulated areas comprehend the warning signs required to be posted by subsection (k)(7)(A) of this section. Means to ensure employee comprehension may include the use of foreign languages, pictographs and graphics.
(8) Labels.
(A) Labels shall be affixed to all products containing asbestos and to all containers containing such products, including waste containers. Where feasible, installed asbestos products shall contain a visible label.
(B) Labels shall be printed in large, bold letters on a contrasting background.
(C) Labels shall be used in accordance with the requirements of Section 5194 (f) of the General Industry Safety Orders, and shall contain the following information:
DANGER CONTAINS ASBESTOS FIBERS AVOID CREATING DUST CANCER AND LUNG DISEASE HAZARD
(D) Labels shall contain a warning statement against breathing asbestos fibers.
(E) The provisions for labels required by subsections (k)(8)(A) through (k)(8)(C) do not apply where:
1. Asbestos fibers have been modified by a bonding agent, coating, binder, or other material, provided that the manufacturer can demonstrate that, during any reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no airborne concentrations of asbestos fibers in excess of the permissible exposure limit and/or excursion limit will be released, or
2. Asbestos is present in a waste product in concentrations less than 1.0 percent. Note:Section 5194 of the General Industry Safety Orders requires that manufactured and imported products containing more than 0.1% asbestos by weight be labeled with an appropriate warning. The exemptions specified in subsection (k)(7)(E) only apply to waste products or waste containers.
(F) When a building owner/or employer identifies previously installed PACM and/or ACM, labels or signs shall be affixed or posted so that employees will be notified of what materials contain PACM and/or ACM. The employer shall attach such labels in areas where they will clearly be noticed by employees who are likely to be exposed, such as at the entrance to mechanical room/areas. Signs required by subsection (k)(6) of this section may be posted in lieu of labels so long as they contain information required for labelling. The employer shall ensure, to the extent feasible, that employees who come in contact with these signs or labels can comprehend them. Means to ensure employee comprehension may include the use of foreign languages, pictographs, graphics, and awareness training.
(9) Employee Information and Training.
(A) The employer shall, at no cost to the employee, institute a training program for all employees who are likely to be exposed in excess of a PEL and for all employees who perform Class I through IV asbestos operations, and shall ensure their participation in the program.
(B) Training shall be provided prior to or at the time of initial assignment and at least annually thereafter. Employees engaged in asbestos-related work that requires employer registration under Section 341.6 or engaged in asbestos cement pipe operations as defined in subsection (r), shall be trained and certified by a Division approved training provider. To be approved by the Division, training providers shall (1) apply to the Division for course approval and (2) pay fees covering the cost of the approval process to the Division as specified in regulations promulgated by the Division pursuant to the provisions of Chapter 3.5 (beginning with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(C) Training for Class I operations and for Class II operations that require the use of critical barriers (or equivalent isolation methods) and/or negative pressure enclosures under this section shall be the equivalent in curriculum training method and length to the EPA Model Accreditation Plan (MAP) asbestos abatement workers training (40 CFR Part 763, Subpart E, Appendix C).
(D) Training for other Class II work.
1. For work with asbestos containing material involving roofing materials, flooring materials, siding materials, ceiling tiles, or transite panels, training shall include at a minimum all the elements included in subsection (k)(9)(H) of this section and in addition, the specific work practices and engineering controls set forth in subsection (g) of this section which specifically relate to that category. Such course shall include "hands-on" training and shall take at least 8 hours.
2. An employee who works with more than one of the categories of material specified in subsection (k)(9)(D)1. of this section shall receive training in the work practices applicable to each category of material that the employee removes and each removal method that the employee uses.
3. For Class II operations not involving the categories of material specified in subsection (k)(9)(D)1. of this section, training shall be provided which shall include at a minimum all the elements included in subsection (k)(9)(H) of this section and in addition, the specific work practices and engineering controls set forth in subsection (g) of this section which specifically relate to the category of material being removed, and shall include "hands-on" training in the work practices applicable to each category of material that the employee removes and each removal method that the employee uses.
(E) Training for Class III employees shall be consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2). Such a course shall also include "hands-on' training and shall take at least 16 hours.
Exception: For Class III operations for which the competent person determines that the EPA curriculum does not adequately cover the training needed to perform that activity, training shall include as a minimum all the elements included in subsection (k)(9)(H) of this section and in addition, the specific work practices and engineering controls set forth in subsection (g) of this section which specifically relate to that activity, and shall include "hands-on" training in the work practices applicable to each category of material that the employee disturbs.
(F) Training for employees performing Class IV operations shall be consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(1). Such a course shall include available information concerning the locations of thermal system insulation and surfacing ACM/PACM, and asbestos-containing flooring material, or flooring material where the absence of asbestos has not yet been certified; and instruction in recognition of damage, deterioration, and delamination of asbestos containing building materials. Such course shall take at least 2 hours.
(G) Training for employees who are likely to be exposed in excess of the PEL and who are not otherwise required to be trained under subsections (k)(9)(C) through (F) of this section, shall meet the requirements of subsection (k)(9)(H) of this section.
(H) The training program shall be conducted in a manner that the employee is able to understand. In addition to the content required by provisions in subsections (k)(9)(C) through (F) of this section, the employer shall ensure that each such employee is informed of the following:
1. Methods of recognizing asbestos, including the requirement in subsection (k)(1) of this section to presume that certain building materials contain asbestos;
2. The health effects associated with asbestos exposure;
3. The relationship between smoking and asbestos in producing lung cancer;
4. The nature of operations that could result in exposure to asbestos, the importance of necessary protective controls to minimize exposure including, as applicable, engineering controls, work practices, respirators, housekeeping procedures, hygiene facilities, protective clothing, decontamination procedures, emergency procedures, and waste disposal procedures, and any necessary instruction in the use of these controls and procedures where Class III and IV work will be or is performed, the contents of EPA 20T-2003, "Managing Asbestos In-Place" July 1990 or its equivalent in content;
5. The purpose, proper use, fitting instructions, and limitations of respirators as required by Section 5144;
6. The appropriate work practices for performing the asbestos job;
7. Medical surveillance program requirements;
8. The content of this standard including appendices;
9. The names, addresses and phone numbers of public health organizations which provide information, materials and/or conduct programs concerning smoking cessation. The employer may distribute the list of such organizations contained in Appendix J to this section, to comply with this requirement; and
10. The requirements for posting signs and affixing labels and the meaning of the required legends for such signs and labels.
(10) Access to training materials.
(A) The employer shall make readily available to affected employees without cost, written materials relating to the employee training program, including a copy of this regulation.
(B) The employer shall provide to the Chief and the Director, upon request, all information and training materials relating to the employee information and training program.
(C) The employer shall inform all employees concerning the availability of self-help smoking cessation program material. Upon employee request, the employer shall distribute such material, consisting of NIH Publication No. 89- 1647, or equivalent self-help material, which is approved or published by a public health organization listed in Appendix J to this section.
(l) Housekeeping.
(1) Vacuuming. Where vacuuming methods are selected, HEPA filtered vacuuming equipment must be used. The equipment shall be used and emptied in a manner that minimizes the reentry of asbestos into the workplace.
(2) Waste disposal. Asbestos waste, scrap, debris, bags, containers, equipment, and contaminated clothing consigned for disposal shall be collected and disposed of in sealed, labeled, impermeable bags or other closed, labeled, impermeable containers except in roofing operations, where the procedures specified in subsection (g)(8)(B) of this section apply.
(3) Care of asbestos-containing flooring material.
(A) All vinyl and asphalt flooring material shall be maintained in accordance with this subsection unless the building/facility owner demonstrates, pursuant to subsection (g)(8)(A)9. of this section that the flooring does not contain asbestos.
(B) Sanding of flooring material is prohibited.
(C) Stripping of finishes shall be conducted using low abrasion pads at speeds lower than 300 rpm and wet methods.
(D) Burnishing or dry buffing may be performed only on flooring which has sufficient finish so that the pad cannot contact the flooring material.
(4) Waste and debris and accompanying dust in an area containing accessible thermal system insulation or surfacing ACM/PACM or visibly deteriorated ACM:
(A) shall not be dusted or swept dry, or vacuumed without using a HEPA filter;
(B) shall be promptly cleaned up and disposed of in leak tight containers.
(m) Medical surveillance.
(1) General
(A) Employees covered.
1. The employer shall institute a medical surveillance program for all employees who, for a combined total of 30 or more days per year, are engaged in Class I, II and III work or are exposed at or above the permissible exposure limit. For purposes of this paragraph, any day in which a worker engages in Class II or Class III operations or a combination thereof on intact material for one hour or less (taking into account the entire time spent on the removal operation, including cleanup) and, while doing so, adheres fully to the work practices specified in this standard, shall not be counted.
2. For employees otherwise required by this standard to wear a negative pressure respirator, employers shall ensure employees are physically able to perform the work and use the equipment. This determination shall be made under the supervision of a physician.
(B) Examination.
1. The employer shall ensure that all medical examinations and procedures are performed by or under the supervision of a licensed physician, and are provided at no cost to the employee and at a reasonable time and place.
2. Persons other than such licensed physicians who administer the pulmonary function testing required by this section shall complete a training course in spirometry sponsored by an appropriate academic or professional institution.
(2) Medical examinations and consultations.
(A) Frequency. The employer shall make available medical examinations and consultations to each employee covered under subsection (m)(1)(A) of this section on the following schedules:
1. Prior to assignment of the employee to an area where negative- pressure respirators are worn;
2. When the employee is assigned to an area where exposure to asbestos may be at or above the permissible exposure limit for 30 or more days per year, or engage in Class I, II or III work for a combined total of 30 or more days per year, a medical examination must be given within 10 working days following the thirtieth day of exposure;
3. And at least annually thereafter.
4. If the examining physician determines that any of the examinations should be provided more frequently than specified, the employer shall provide such examinations to affected employees at the frequencies specified by the physician.
5. Exception: No medical examination is required of any employee if adequate records show that the employee has been examined in accordance with this subsection within the past 1 year period.
6. Employers shall provide a medical examination at the termination of employment for any employee who has been exposed to airborne concentrations of asbestos at or above the permissible exposure limit and/or excursion limit. The medical examination shall be given within 30 calendar days before or after the date of termination of employment.
(B) Content. Medical examinations made available pursuant to subsections (m)(2)(A)1. through (m)(2)(A)3. of this section shall include:
1. A medical and work history with special emphasis directed to the pulmonary, cardiovascular, and gastrointestinal systems.
2. On initial examination, the standardized questionnaire contained in Part 1 of Appendix D to this section, and, on annual examination, the abbreviated standardized questionnaire contained in Part 2 of Appendix D to this section.
3. A physical examination directed to the pulmonary and gastrointestinal systems, including a chest roentgenogram to be administered in accordance with Table 2 below, and pulmonary function tests of forced vital capacity (FVC) and forced expiratory volume at one second (FEV(1)). Interpretation and classification of chest roentgenograms shall be conducted in accordance with Appendix E to this section.
Table 2 Frequency of Chest X-Rays
THIS IS TABLE 2
YEARS SINCE ........... AGE OF EMPLOYEE
FIRST
EXPOSURE ..... LESS THAN 40 ... 40 AND OLDER
0 -10 ........ EVERY 3 YEARS .. ANNUALLY [FNa1]
10+ ......... ANNUALLY [FNa1]
ANNUALLY [FNa1]
[FNa1] Oblique x-rays need only be performed every 3 years.
4. Any other examinations or tests deemed necessary by the examining physician.
(3) Information provided to the physician. The employer shall provide the following information to the examining physician:
(A) A copy of this standard and Appendices D, E, and I to this section;
(B) A description of the affected employee's duties as they relate to the employee's exposure;
(C) The employee's representative exposure level or anticipated exposure level;
(D) A description of any personal protective and respiratory equipment used or to be used; and
(E) Information from previous medical examinations of the affected employee that is not otherwise available to the examining physician.
(4) Physician's written opinion.
(A) The employer shall obtain a written opinion from the examining physician. This written opinion shall contain the results of the medical examination and shall include:
1. The physician's opinion as to whether the employee has any detected medical conditions that would place the employee at an increased risk of material health impairment from exposure to asbestos;
2. Any recommended limitations on the employee or on the use of personal protective equipment such as respirators; and
3. A statement that the employee has been informed by the physician of the results of the medical examination and of any medical conditions that may result from asbestos exposure.
4. A statement that the employee has been informed by the physician of the increased risk of lung cancer attributable to the combined effect of smoking and asbestos exposure.
(B) The employer shall instruct the physician not to reveal in the written opinion given to the employer specific findings or diagnoses unrelated to occupational exposure to asbestos.
(C) The employer shall provide a copy of the physician's written opinion to the affected employee within 30 days from its receipt.
(n) Recordkeeping.
(1) Objective data relied on pursuant to subsection (f) to this section.
(A) Where the employer has relied on objective data that demonstrates that products made from or containing asbestos or the activity involving such products or material are not capable of releasing fibers of asbestos in concentrations at or above the permissible exposure limit and/or excursion limit under the expected conditions of processing, use, or handling to satisfy the requirements of subsection (f), the employer shall establish and maintain an accurate record of objective data reasonably relied upon in support of the exemption.
(B) The record shall include at least the following information:
1. The product qualifying for exemption;
2. The source of the objective data;
3. The testing protocol, results of testing, and/or analysis of the material for the release of asbestos;
4. A description of the operation exempted and how the data support the exemption; and
5. Other data relevant to the operations, materials, processing, or employee exposures covered by the exemption.
(C) The employer shall maintain this record for the duration of the employer's reliance upon such objective data.
(2) Exposure measurements.
(A) The employer shall keep an accurate record of all measurements taken to monitor employee exposure to asbestos as prescribed in subsection (f) of this section. Note:The employer my utilize the services of competent organizations such as industry trade associations and employee associations to maintain the records required by this section.
(B) This record shall include at least the following information:
1. The date of measurement;
2. The operation involving exposure to asbestos that is being monitored;
3. Sampling and analytical methods used and evidence of their accuracy;
4. Number, duration, and results of samples taken;
5. Type of protective devices worn, if any; and
6. Name, social security number, and exposure of the employees whose exposures are represented.
(C) The employer shall maintain this record for at least thirty (30) years, in accordance with Section 3204 of the General Industry Safety Orders.
(3) Medical surveillance.
(A) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance by subsection (m) of this section, in accordance with Section 3204 of the General Industry Safety Orders.
(B) The record shall include at least the following information:
1. The name and social security number of the employee;
2. A copy of the employee's medical examination results, including the medical history, questionnaire responses, results of any tests, and physician's recommendations.
3. Physician's written opinions;
4. Any employee medical complaints related to exposure to asbestos; and
5. A copy of the information provided to the physician as required by subsection (m) of this section.
(C) The employer shall ensure that this record is maintained for the duration of employment plus thirty (30) years, in accordance with Section 3204 of the General Industry Safety Orders.
(4) Training records. The employer shall maintain all employee training records for one (1) year beyond the last date of employment by that employer.
(5) Data to Rebut PACM. Where the building owner and employer have relied on data to demonstrate that PACM is not asbestos-containing, such data shall be maintained for as long as they are relied upon to rebut the presumption.
(6) Records of Required Notifications. Where the building owner has communicated and received information concerning the identification, location and quantity of ACM and PACM, written records of such notifications and their content shall be maintained by the building owner for the duration of ownership and shall be transferred to successive owners of such buildings/facilities.
(7) Availability.
(A) The employer, upon written request, shall make all records required to be maintained by this section available to the Chief and the Director for examination and copying.
(B) The employer, upon request, shall make any exposure records required by subsections (f) and (n) of this section available for examination and copying to affected employees, former employees, designated representatives, and the Chief, in accordance with Section 3204 of the General Industry Safety Orders.
(C) The employer, upon request, shall make employee medical records required by subsections (m) and (n) of this section available for examination and copying to the subject employee, anyone having the specific written consent of the subject employee, and the Chief, in accordance with Section 3204 of the General Industry Safety Orders.
(8) Transfer of records.
(A) The employer shall comply with the requirements concerning transfer of records set forth in Section 3204 of the General Industry Safety orders.
(B) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, the employer shall notify the Director at least 90 days prior to disposal and, upon request, transmit them to the Director.
(o) Competent person.
(1) General. On all construction worksites covered by this standard, the employer shall designate a competent person, having the qualifications and authorities for ensuring worker safety and health required by Sections 1509, 1510, 1512, 1513, 1514, 1523, and 1920 of these orders.
(2) Required Inspections by the Competent Person. Section 1509(a) of these orders, which requires health and safety prevention programs to provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons, is incorporated.
(3) Additional Inspections. In addition, the competent person shall make frequent and regular inspections of the job sites, in order to perform the duties set out below in subsection (o)(3)(A). For Class I jobs, on-site inspections shall be made at least once during each work shift, and at any time at employee request. For Class II, III and IV jobs, on-site inspections shall be made at intervals sufficient to assess whether conditions have changed, and at any reasonable time at employee request.
(A) On all worksites where employees are engaged in Class I or II asbestos work, the competent person designated in accordance with subsection (e)(6) of this section shall perform or supervise the following duties, as applicable:
1. Set up the regulated area, enclosure, or other containment;
2. Ensure (by on-site inspection) the integrity of the enclosure or containment;
3. Set up procedures to control entry to and exit from the enclosure and/or area;
4. Supervise all employee exposure monitoring required by this section and ensure that it is conducted as required by subsection (f) of this section;
5. Ensure that employees working within the enclosure and/or using glove bags wear respirators and protective clothing as required by subsections (h) and (i) of this section;
6. Ensure through on-site supervision, that employees set up, use, and remove engineering controls, use work practices and personal protective equipment in compliance with all requirements;
7. Ensure that employees use the hygiene facilities and observe the decontamination procedures specified in subsection (j) of this section;
8. Ensure that, through on-site inspection, engineering controls are functioning properly and employees are using proper work practices; and,
9. Ensure that notification requirement in subsection (k) of this section are met.
(4) Training for the competent person.
(A) For Class I, and II asbestos work the competent person shall be trained in all aspects of asbestos removal and handling, including: abatement, installation, removal and handling; the contents of this standard; the identification of asbestos; removal procedures, where appropriate; and other practices for reducing the hazard. Such training shall be obtained in a comprehensive course for supervisors, that meets the criteria of EPA's Model Accredited Plan (40 CFR Part 763, Subpart E. Appendix C), such as a course conducted by an EPA-approved or state approved training provider, certified by EPA or a state, or a course equivalent in stringency, content and length.
(B) For Class III and IV asbestos work, the competent person shall be trained in aspects of asbestos handling appropriate for the nature of the work, to include procedures for setting up glove bags and mini-enclosures, practices for reducing asbestos exposures, use of wet methods, the contents of this standard, and the identification of asbestos. Such training shall include successful completion of a course that is consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2), or its equivalent in stringency, content, and length. Competent persons for Class III and IV work, may also be trained pursuant to the requirements of subsection (o)(4)(A) of this section.
(p) Appendices.
(1) Appendices A, C, D, and E to this section are incorporated as part of this section and the contents of these appendices are mandatory.
(2) Appendices B, F, H, I, J, and K to this section are informational and are not intended to create any additional obligations not otherwise imposed or to detract from any existing obligations.
(q) Certified Asbestos Consultants and Certified Site Surveillance Technicians.
(1) The following definitions are applicable to subsection (q) only:
"Asbestos consultant" means any person who contracts to provide professional health and safety services relating to asbestos- containing construction material as defined in this subsection, which comprises 100 square feet or more of surface area. The activities of an asbestos consultant include building inspection, abatement project design, contract administration, sample collection, preparation of asbestos management plans, clearance monitoring, and supervision of site surveillance technicians as defined in this subsection.
"Asbestos-containing construction material" means any manufactured construction material which contains more than one tenth of 1 percent asbestos by weight.
"Certified asbestos consultant" means any asbestos consultant certified by the Division pursuant to this section.
"Certified site surveillance technician" means any surveillance technician certified by the Division pursuant to the section.
"Division" means the Division of Occupational Safety and Health of the California Department of Industrial Relations.
"Site surveillance technician" means any person who acts as an independent on-site representative of an asbestos consultant. The site surveillance technician monitors the asbestos abatement activities of others, provides asbestos air monitoring services for area and personal samples, and performs building surveys and contract administration at the direction of an asbestos consultant.
"State-of-the-art" means all asbestos abatement and control work procedures currently in use which have been demonstrated to be the most effective, reliable, and protective of workers health. As new procedures are developed which demonstrate greater effectiveness, reliability, and worker protection and thereby come into use, they become state-of-the-art.
(2) Certified Asbestos Consultant Criteria.
To obtain certification, an asbestos consultant must apply to the Division and complete all application requirements specified in Section 341.15. In order to qualify as an asbestos consultant, the applicant must meet all of the following requirements:
(A) Achievement of a passing score as determined by the Division on an examination approved or administered by the Division including, but not limited to, the following subjects:
1. The physical characteristics of asbestos;
2. The health effects of asbestos;
3. The regulatory requirements of the Division, the Federal Occupational Safety and Health Administration, the U.S. Environmental Protection Agency, air quality management districts, and the Department of Health Services, including protective clothing, respiratory protection, exposure limits, personal hygiene, medical monitoring, disposal, and general industry safety hazards;
4. State-of-the-art asbestos abatement and control work procedures;
5. Federal Asbestos Hazard Emergency Response Act training information and procedures for inspectors, management planners, and supervisors, as provided for under Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code, or the equivalent, as determined by the Division; and
6. Information concerning industrial hygiene sampling methodology, including asbestos sampling and analysis techniques and recordkeeping.
(B) Providing such documentation and other information as the Division shall require to substantiate:
1. The possession of a valid and appropriate federal Asbestos Hazard Emergency Response Act [Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code] certificate, or its equivalent, as determined by the Division; and
2. Any one of the following combinations of education and experience:
A. One year of asbestos-related experience and a bachelor of science degree in engineering, architecture, industrial hygiene, construction management, or a related biological or physical science;
B. Two years of asbestos-related experience and a bachelor's degree;
C. Three years of asbestos-related experience and an associate of arts degree in engineering, architecture, industrial hygiene, construction management, or a related biological or physical science; or
D. Four years of asbestos-related experience and a high school diploma or its equivalent.
(3) Certified Site Surveillance Technician Criteria.
To obtain certification, a site surveillance technician must apply to the Division and complete all application requirements specified in Section 341.15. In order to qualify as a site surveillance technician, the applicant must meet all of the following requirements:
(A) Achievement of a passing score as determined by the Division on an examination approved or administered by the Division including, but not limited to, the following subjects:
1. The physical characteristics of asbestos;
2. The health effects of asbestos;
3. The regulatory requirements of the Division, the Federal Occupational Safety and Health Administration, the U.S. Environmental Protection Agency, air quality management districts, and the Department of Health Services, including protective clothing, respiratory protection, exposure limits, personal hygiene, medical monitoring, disposal, and general industry safety hazards;
4. State-of-the-art asbestos abatement and control work procedures.
5. Information concerning industrial hygiene sampling methodology, including sampling techniques and recordkeeping.
(B) Providing such documentation and other information as the Division shall require to substantiate all of the following:
1. Possession of a valid federal Asbestos Hazard Emergency Response Act [Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code] certificate for the type of work being performed, or its equivalent, as determined by the Division.
2. Six (6) months of asbestos-related experience under the supervision of an asbestos consultant.
3. Possession of a high school diploma or equivalent.
(4) No employer shall engage the services of an asbestos consultant or site surveillance technician unless that person provides proof of certification by the Division.
(r) Report of Use and Asbestos-related Work Registration.
(1) The following definitions are applicable to subsection (r) only:
"Asbestos-containing construction material" means any manufactured construction material which contains more than one tenth of 1 percent asbestos by weight.
"Asbestos-related work" means any activity which by disturbing asbestos-containing construction materials may release asbestos fibers into the air and which is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials, or the installation or repair of automotive materials containing asbestos. Asbestos-related work does not include the installation, repair, maintenance, or nondestructive removal of asbestos cement pipe used outside of buildings if the work operations do not result in employee exposures to asbestos in excess of 0.1 fibers per cubic centimeter of air (f/cc) as an 8- hour time-weighted average and the employees and supervisors involved in the work operations are trained and certified by an asbestos cement pipe training program which is approved by the Division.
(2) Report of Use. See section 5203. Note: Employers registered with the Chief in accordance with Sections 341.6 to 341.9 for the purpose of conducting asbestos-related work involving over 100 square feet, as defined in Section 341.6(a), of asbestos-containing construction material shall be deemed to be in compliance with section 5203 for the asbestos-related work requiring registration. Except that emergencies as defined in section 5203(a) must be reported as required in section 5203(f).
Exception: An employer need not register all the materials containing asbestos if objective data demonstrates that during all reasonably foreseeable uses, handling, storage, disposal, processing, or transportation, no airborne concentrations of asbestos fibers in excess of the permissible exposure limit and/or excursion limit will be released. The objective data shall include at least those elements specified in subsection (n)(1) of this section.
Note: Authority cited: Sections 142.3, 6501.5, 9020, 9021.5, 9021.9, 9030 and 9040, Labor Code. Reference: Sections 142.3, 6501.5, 6501.7, 6501.8, 6501.9, 6502, 9003, 9004(b), 9005, 9006, 9009, 9020, 9021.5, 9021.9, 9030 and 9040, Labor Code; Section 25910, Health and Safety Code; and Sections 7180, 7180.5, 7181, 7182, 7183, 7183.5, 7184, 7185, 7187, 7189, 7189.5 and 7189.7, Business and Professions Code.
Appendix A.
OSHA Reference Method Mandatory
This mandatory appendix specifies the procedure for analyzing air samples for asbestos and specifies quality control procedures that must be implemented by laboratories performing the analysis. The sampling and analytical methods described below represent the elements of the available monitoring methods (such as appendix B to this section, the most current version of the OSHA method ID-60, or the most current version of the NIOSH 7400 method) which OSHA considers to be essential to achieve adequate employee exposure monitoring while allowing employers to use methods that are already established within their organizations. All employers who are required to conduct air monitoring under subsection (f) of this section are required to utilize analytical laboratories that use this procedure, or an equivalent method, for collecting and analyzing samples.
Sampling and Analytical Procedure
1. The sampling medium for air samples shall be mixed cellulose ester filter membranes. These shall be designated by the manufacturer as suitable for asbestos counting. See below for rejection of blanks.
2. The preferred collection device shall be the 25-mm diameter cassette with an open-faced 50-mm extension cowl. The 37-mm cassette may be used if necessary but only if written justification for the need to use the 37-mm filter cassette accompanies the sample results in the employee's exposure monitoring record. Do not reuse or reload cassettes for asbestos sample collection.
3. An air flow rate between 0.5 liter/min and 2.5 liters/min shall be selected for the 25-mm cassette. If the 37-mm cassette is used, an air flow rate between 1 liter/min and 2.5 liters/min shall be selected.
4. Where possible, a sufficient air volume for each air sample shall be collected to yield between 100 and 1,300 fibers per square millimeter on the membrane filter. If a filter darkens in appearance or if loose dust is seen on the filter, a second sample shall be started.
5. Ship the samples in a rigid container with sufficient packing material to prevent dislodging the collected fibers. Packing material that has a high electrostatic charge on its surface (e.g., expanded polystyrene) cannot be used because such material can cause loss of fibers to the sides of the cassette.
6. Calibrate each personal sampling pump before and after use with a representative filter cassette installed between the pump and the calibration devices.
7. Personal samples shall be taken in the "breathing zone" of the employee (i.e., attached to or near the collar or lapel near the worker's face).
8. Fiber counts shall be made by positive phase contrast using a microscope with an 8 to 10 X eyepiece and a 40 to 45 X objective for a total magnification of approximately 400 X and a numerical aperture of 0.65 to 0.75. The microscope shall also be fitted with a green or blue filter.
9. The microscope shall be fitted with a Walton-Beckett eyepiece graticule calibrated for a field diameter of 100 micrometers (+/- 2 micrometers).
10. The phase-shift detection limit of the microscope shall be about 3 degrees measured using the HSE phase shift test slide as outlined below.
a. Place the test slide on the microscope stage and center it under the phase objective.
b. Bring the blocks of grooved lines into focus.
Note: The slide consists of seven sets of grooved lines (ca. 20 grooves to each block) in descending order of visibility from sets 1 to 7, seven being the least visible. The requirements for asbestos counting are that the microscope optics must resolve the grooved lines in set 3 completely, although they may appear somewhat faint, and that the grooved lines in sets 6 and 7 must be invisible. Sets 4 and 5 must be at least partially visible but may vary slightly in visibility between microscopes. A microscope that fails to meet these requirements has either too low or too high a resolution to be used for asbestos.
c. If the image deteriorates, clean and adjust the microscope optics. If the problem persists, consult the microscope manufacturer.
11. Each set of samples taken will include 10% field blanks or a minimum of 2 field blanks. These blanks must come from the same lot as the filters used for sample collection. The field blank results shall be averaged and subtracted from the analytical results before reporting. A set consists of any sample or group of samples for which an evaluation for this standard must be made. Any samples represented by a field blank having a fiber count in excess of the detection limit of the method being used shall be rejected.
12. The samples shall be mounted by the acetone/triacetin method or a method with an equivalent index of refraction and similar clarity.
13. Observe the following counting rules.
a. Count only fibers equal to or longer than 5 micrometers. Measure the length of curved fibers along the curve.
b. Count all particles as asbestos that have a length-to-width ratio (aspect ratio) of 3:1 or greater.
c. Fibers lying entirely within the boundary of the Walton-Beckett graticule field shall receive a count of 1. Fibers crossing the boundary once, having one end within the circle, shall receive the count of one half (1/2). Do not count any fiber that crosses the graticule boundary more than once. Reject and do not count any other fibers even though they may be visible outside the graticule area.
d. Count bundles of fibers as one fiber unless individual fibers can be identified by observing both ends of an individual fiber.
e. Count enough graticule fields to yield 100 fibers. Count a minimum of 20 fields; stop counting at 100 fields regardless of fiber count.
14. Blind recounts shall be conducted at the rate of 10 percent.
Quality Control Procedures
1. Intra-laboratory program. Each laboratory and/or each company with more than one microscopist counting slides shall establish a statistically designed quality assurance program involving blind recounts and comparisons between microscopists to monitor the variability of counting by each microscopist and between microscopists. In a company with more than one laboratory, the program shall include all laboratories and shall also evaluate the laboratory-to-laboratory variability.
2. a. Interlaboratory program. Each laboratory analyzing asbestos samples for compliance determination shall implement an interlaboratory quality assurance program that as a minimum includes participation of at least two other independent laboratories. Each laboratory shall participate in round robin testing at least once every 6 months with at least all the other laboratories in its interlaboratory quality assurance group. Each laboratory shall submit slides typical of its own work load for use in this program. The round robin shall be designed and results analyzed using appropriate statistical methodology. (continued)