[Federal Register Volume 60, Number 124 (Wednesday, June 28, 1995)]
[Rules and Regulations]
[Pages 33343-33345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15790]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, and 1926
RIN: 1218-AB25
Occupational Exposure to Asbestos
AGENCY: Occupational Safety and Health Administration, Department of
Labor.
ACTION: Final rule; extension of start-up dates for compliance.
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SUMMARY: OSHA is extending the start-up dates for some provisions of
the asbestos standards until October 1, 1995 to give the public more
time to implement compliance.
DATES: These amendments take effect on June 28, 1995. For Part 1910--
General Industry, for Sec. 1910.1001, the start-up dates for compliance
for paragraph (d)(2)--initial monitoring, for paragraph (e)--regulated
area, for paragraph (f)--methods of compliance, for paragraph (g)--
respiratory protection, for paragraph (i)--hygiene facilities, for
paragraph (j)--communication of hazards, and for paragraph (l)--medical
surveillance are extended to October 1, 1995. For Part 1915--Shipyards,
for Sec. 1915.1001, the start-up dates for compliance for paragraph
(g)--methods of compliance, for paragraph (h)--respiratory protection,
for paragraph (j)--hygiene facilities, for paragraph (k)--communication
of hazards, for paragraph (l)--housekeeping, for paragraph (m)--medical
surveillance and for paragraph (o)--qualified person are extended to
October 1, 1995. For Part 1926--Construction, for Sec. 1926.1101, the
start-up dates for compliance for paragraph (g)--methods of compliance,
for paragraph (h)--respiratory protection, for paragraph (j)--hygiene
facilities, for paragraph (k)--communication of hazards, for paragraph
(l)--housekeeping, for paragraph (m)--medical surveillance and for
paragraph (o)--competent person are extended to October 1, 1995.
FOR FURTHER INFORMATION CONTACT:
Mr. Richard Liblong, Director of Information and Consumer Affairs,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N3647, 200 Constitution Avenue NW., Washington, DC 20210,
telephone (202) 219-8151.
SUPPLEMENTARY INFORMATION: OSHA issued improved asbestos standards for
general industry, construction and shipyards on August 10, 1994 at 59
FR 40964 to better protect workers from lung cancer, asbestosis and
other diseases caused by asbestos exposure. The new standards took
effect on October 11, 1994 and that date was the start-up date for some
provisions such as the new lower exposure limit of 0.1 f/cc. However,
various other provisions such as the new medical surveillance,
respiratory protection and training provisions and the engineering
control requirements had start-up dates from between January 9, 1995
and April 10, 1995.
Various members of the public have requested that OSHA grant more
time for the public to comply with some provisions. OSHA is publishing
a correction and clarification notice and various compliance and
training materials to assist in the understanding of the new standard.
OSHA has concluded that it is appropriate to give the public
additional time to implement some of the provisions of the new asbestos
standards which may require more time for implementation. Other
provisions such as the new exposure limit had a start-up date of
October 11, 1994 and again, OSHA is not extending the start-up date of
those provisions. In the interim, the provisions of the preexisting
asbestos standards remain in effect for those provisions of the new
standards whose start-up dates have been extended.
The provisions extended are listed above in the DATES section of
this preamble. OSHA has concluded that October 1, 1995 is a reasonable
time for employers to fully come into compliance with the provisions
for [[Page 33344]] which the start-up dates have been extended.
All of the provisions whose start-up dates have been extended will
be enforced on October 1, 1995.
OSHA is publishing this as an amendment to the new standards so
that the new start-up dates will be codified in the Code of Federal
Regulations. OSHA finds that there is good cause to issue this
extension without notice and public procedure because such is
impractical, unnecessary or contrary to the public interest. It is
necessary to issue the extension to permit employers sufficient time to
come into full compliance and notice and comment would delay the
issuance of the extension until past the new start-up dates. For the
same reasons OSHA finds good cause for the extension of the start-up
date to take immediate effect.
List of Subjects in 29 CFR Parts 1910, 1915, and 1916
Asbestos, Occupational safety and health.
This document was prepared under the direction of Joseph A. Dear,
Assistant Secretary of Labor for Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210.
Accordingly, pursuant to sections 4, 6(b), 8(c), and 8(g) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657);
Sec. 107, Contract Work Hours and Safety Standards Act (Construction
Safety Act, 40 U.S.C. 333); Sec. 41, Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 941); 5. U.S.C. Sec. 553; and 29 CFR part
1911; 29 CFR parts 1910, 1915, and 1926 are amended as set forth below.
Signed at Washington, DC this 22nd day of June, 1995.
Joseph A. Dear,
Assistant Secretary, Occupational Safety and Health Administration.
OSHA hereby amends 29 CFR parts 1910, 1915, and 1926 as follows:
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
1. The authority citation of subpart Z of 29 CFR part 1910 is
revised to read as follows:
Authority: Sections 6 and 8 Occupational Safety and Health Act,
29 U.S.C. 655, 657: Secretary of Labor's Order 12071 (36 FR 8754),
9-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9033), as
applicable; and 29 CFR part 1911.
All of subpart Z issued under section 6(b) of the Occupational
Safety and Health Act, except those substances which have exposure
limits listed in Tables Z-1, Z-2, and Z-3 of 29 CFR 1910.1000. The
latter were issued under section 6(a) [29 U.S.C. 655(a)].
Section 1910.1000, Tables Z-1, Z-2, and Z-3 also issued under 5
U.S.C. 553. Section 1910.1000, Table Z-1, Z-2, and Z-3 not issued
under 29 CFR part 1911 except for the arsenic (organic compounds),
benzene, and cotton dust listings.
Section 1910.1001 also issued under section 107 of Contract Work
Hours and Safety and Standards Act, 40 U.S.C. 333 and 5 U.S.C. 553.
Section 1910.1002 not issued under 29 U.S.C. or 29 CFR part
1911; also issued under 5 U.S.C. 553.
Section 1910.1003 through 1910.1018 also issued under 29 CFR
653.
Section 1910.1025 also issued under 29 U.S.C. 653 and 5 U.S.C.
553.
Section 1910.1028 also issued under 29 U.S.C. 653.
Section 1910.1030 also issued under 29 U.S.C. 653.
Section 1910.1043 also issued under 5 U.S.C. 551 et seq.
Section 1910.1045 and 1910.1047 also issued under 29 U.S.C. 653.
Section 1910.1048 also issued under 29 U.S.C. 653.
Secitons 1910.1200, 1910.1499, and 1910.1500 also issued under 5
U.S.C. 553.
Section 1910.1450 is also issued under sec. 6(b), 8(c) and
8(g)(2), Pub. L. 91-596, 84 Stat. 1593, 1599, 1600; U.S.C. 655, 657.
2. Section 1910.1001 is amended by revising paragraph (o) to read
as follows:
Sec. 1910.1001 Asbestos.
* * * * *
(o) Dates. (1) Effective date. This standard shall become effective
October 11, 1994.
(2) The provisions of 29 CFR 1910.1001 remain in effect until the
start-up dates of the equivalent provisions of this standard.
(3) Start-up dates. All obligations of this standard commence on
the effective date except as follows:
(i) Exposure monitoring. Initial monitoring required by paragraph
(d)(2) of this section shall be completed by October 1, 1995.
(ii) Regulated areas. Regulated areas required to be established by
paragraph (e) of this section as a result of initial monitoring shall
be set up by October 1, 1995.
(iii) Respiratory protection. Respiratory protection required by
paragraph (g) of this section shall be provided by October 1, 1995.
(iv) Hygiene and lunchroom facilities. Construction plans for
change rooms, showers, lavatories, and lunchroom facilities shall be
completed by October 1, 1995.
(v) Communication of hazards. Identification, notification,
labeling and sign posting, and training required by paragraph (j) of
this section shall be provided by October 1, 1995.
(vi) Medical surveillance. Medical surveillance not previously
required by paragraph (1) of this section shall be provided by October
1, 1995.
(vii) Compliance program. Written compliance programs required by
paragraph (f)(2) of this section shall be completed and available for
inspection and copying by October 1, 1995.
(viii) Methods of compliance. The engineering and work practice
controls as required by paragraph (f) shall be implemented by October
1, 1995.
* * * * *
PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD
EMPLOYMENT
3. The authority citation of 29 CFR part 1915 continues to read as
follows:
Authority: Sec. 41, Longshore and Harbor Workers Compensation
Act (33 U.S.C. 941); sections 4, 6, and 8, Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, 657); sec. 4 of the
Administrative Procedure Act (5 U.S.C. 553); Secretary of Labor's
Order No. 12-71 (36 FR 6754), 8-76 (41 FR 35736) or 1-90 (55 FR
9033), as applicable; 29 CFR part 1911.
4. Section 1915.1001 is amended by revising paragraph (q) to read
as follows:
Sec. 1915.1001 Asbestos.
* * * * *
(q) Dates. (1) This standard shall become effective October 11,
1994.
(2) The provisions of 29 CFR 1926.58 and 29 CFR 1910.1001 remain in
effect until the start-up dates of the equivalent provisions of this
standard.
(3) Start-up dates. All obligations of this standard commence on
the effective date except as follows:
(i) Methods of compliance. The engineering and work practice
controls required by paragraph (g) of this section shall be implemented
by October 1, 1995.
(ii) Respiratory protection. Respiratory protection required by
paragraph (h) of this section shall be provided by October 1, 1995.
(iii) Hygiene facilities and practices for employees. Hygiene
facilities and practices required by paragraph (j) of this section
shall be provided by October 1, 1995.
(iv) Communication of hazards. Identification, notification,
labeling and sign posting, and training required by paragraph (k) of
this section shall be provided by October 1, 1995.
(v) Housekeeping. Housekeeping practices and controls required by
paragraph (1) of this section shall be provided by October 1, 1995.
(vi) Medical surveillance required by paragraph (m) of this section
shall be provided by October 1, 1995.
(vii) The designation and training of qualified persons required by
paragraph [[Page 33345]] (o) of this section shall be completed by
October 1, 1995.
* * * * *
PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
5. The authority citation of subpart Z of 29 CFR Part 1926 is
revised to read as follows:
Authority: Sections 6 and 8, Occupational Safety and Health Act,
29 U.S.C. 655, 657; Secretary of Labor's Orders Nos. 12-71 (36 FR
8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9003)
as applicable; and 29 CFR part 1911.
Section 1926.1101 also issued under 5 U.S.C. 553.
Section 1926.1102 not issued under 29 U.S.C. 655 or 29 CFR part
1911; also issued under 5 U.S.C. 553.
Section 1926.1103 through 1926.1118 also issued under 29 U.S.C.
653.
Section 1926.1128 also issued under 29 U.S.C. 653.
Section 1926.1145 and 1926.1147 also issued under 29 U.S.C. 653.
Section 1926.1148 also issued under 29 U.S.C. 653.
6. Section 1926.1101 is amended by revising paragraph (q) to read
as follows:
Sec. 1926.1101 Asbestos.
* * * * *
(q) Dates. (1) This standard shall become effective October 11,
1994.
(2) The provisions of 29 CFR 1926.58 remain in effect until the
start-up dates of the equivalent provisions of this standard.
(3) Start-up dates. All obligations of this standard commence on
the effective date except as follows:
(i) Methods of compliance. The engineering and work practice
controls required by paragraph (g) of this section shall be implemented
by October 1, 1995.
(ii) Respiratory protection. Respiratory protection required by
paragraph (h) of this section shall be provided by October 1, 1995.
(iii) Hygiene facilities and practices for employees. Hygience
facilities and practices required by paragraph (j) of this section
shall be provided by October 1, 1995.
(iv) Communication of hazards. Identification, notification,
labeling and sign posting, and training required by paragraph (k) of
this section shall be provided by October 1, 1995.
(v) Housekeeping. Housekeeping practices and controls required by
paragraph (1) of this section shall be provided by October 1, 1995.
(vi) Medical surveillance required by paragraph (m) of this section
shall be provided by October 1, 1995.
(vii) The designation and training of competent persons required by
paragraph (o) of this section shall be completed by October 1, 1995.
* * * * *
[FR Doc. 95-15790 Filed 6-27-95; 8:45 am]
BILLING CODE 4510-26-M
