ASBESTOS MANUFACTURING, PROCESSING, IMPORTATION AND DISTRIBUTION PROHIBITIONS
(TSCA) November 5, 1993 40 CFR Part 763
EPA issued a final rule under section 6 of the Toxic Substances Control Act (TSCA) prohibiting, at staged intervals, the future manufacture, importation, processing, and distribution in commerce of almost all asbestos-containing products, and required labeling of such products in the interim.
On October 18, 1991, the United States Court of Appeals vacated and remanded most of the rule but left intact the portion that regulates products that were not being
manufactured, produced, or imported when the rule was published on July 12, 1989.
The six asbestos-containing product categories that are still subject to the prohibition are corrugated paper, rollboard, commercial paper, specialty paper, flooring felt, and new uses of asbestos.
The asbestos-containing product categories that are no longer subject to the rule (i.e. can be manufactured and sold) are: asbestos-cement corrugated sheet, asbestos-cement flat sheet, asbestos clothing, pipeline wrap, roofing felt, vinyl-asbestos floor tile, asbestos- cement shingle, millboard, asbestos-cement pipe, automatic transmission components, clutch facings, friction materials, disc brake pads, drum brake linings, brake blocks, gaskets, non-roofing coatings, and roof coatings. (Thus, it is possible that these products could contain asbestos, even today. Work involving these materials should proceed with caution. The supervisor should either have samples taken by an accredited asbestos building inspector or obtain reliable information on the content of these materials before performing work activities.)
State of Maryland
EXECUTIVE ORDER 01.01.1987.22 - ASBESTOS OVERSIGHT COMMITTEE (AOC) (Rescinded Executive Order 01.01.1983.09)
established the AOC and its responsibilities. Re-affirmed the State Asbestos Safety and Health Program and addressed each agency's/facility's requirements for identifying LEVEL I & II State employees1 and maintaining programs of Medical monitoring and training for these employees.
AOC: assigned to "define the status of the asbestos situation in the State with respect to its employees and facilities and to develop and implement an asbestos management plan (AMP) and appropriate policies to effectively address and resolve any asbestos related issues." Established members from several Departments with at least quarterly meetings.
Asbestos Management Plan (AMP): develop and update annually and consist of a safety, health, and equipment program, a training and medical monitoring
program, and a Statewide operations and maintenance program.
Asbestos Abatement Plan: develop a prioritized schedule of abatement activities.
Safety and Health Program: State employees required to work with asbestos only when incidental to their work and less than 160 square feet or 260 linear feet or
1 Level I employees are those workers employed in positions with the potential for asbestos
35 cubic feet of ACM per building per year. Exceeding shall be contracted out.
Each department/agency shall implement and shall appoint a S&H Coordinator who appoints a S&H Committee. Each facility shall have a S&H Specialist be responsible for their program. Level II State employees can volunteer to remove ACM if requirements of training, medical monitoring, and
PPE usage are in order but only if it is under the 160/260/35 limits for the building.
Incentive pay for working with asbestos.
Equipment: provide employees with appropriate respiratory protection [(1/2 face for automotive workers) (PAPR, or Type C, pressure-demand, supplied-air for other designations)] and protective clothing while performing Level II-type activities.
Medical Monitoring and Training: Employees agreeing to work in positions which involve incidental exposure to asbestos shall participate in this monitoring program after successfully completing a formal asbestos training program.
Operations and Maintenance Program: (within the AMP) contains a procedure to locate and identify asbestos in State buildings, and to assess its condition and type; a statewide project schedule for abatement projects; a procedure for performing recurrent surveys and inspections to update existing conditions, and guidelines for preparation and prioritization of contract removals with outside contractors.
LABOR AND EMPLOYMENT ARTICLE TITLE 5. OCCUPATIONAL SAFETY AND HEALTH
Subtitle 4.
ACCESS TO INFORMATION ABOUT HAZARDOUS AND TOXIC SUBSTANCES Employer is required to generate and maintain a Chemical Information List (CIL) which lists the hazardous and toxic substances that an employee is exposed or potentially exposed.
- Lists the chemicals alphabetically by common name, includes their chemicals name(s), and where it is found on the worksite.
- Update every 2 years.
- Copy sent to MDE initially and upon each updating.
- Each employee has a right of access to the CIL within 1 day for viewing and 5 days for a copy.
FACT SHEET
MEDICAL AND EXPOSURE RECORD ACCESS
THE OSHA ACCESS TO EMPLOYEE EXPOSURE AND MEDICAL RECORDS STANDARD OPENS THREE TYPES OF VALUABLE DOCUMENTS TO WORKERS:
--- Medical Records
The worker is assured access to his or her medical records maintained by their employers or by outside contractors. Medical records include:
Medical and employment questionnaires or histories (including job description and occupational exposures).
Results of medical examinations (pre-employment, pre-assignment, periodic or episodic) and laboratory tests (including X-ray examinations and all biological monitoring).
Medical opinions, diagnoses, progress notes and recommendations.
Descriptions of treatment and prescriptions.
Employee medical complaints.
The worker has the option, under this Standard of having his/her medical record sent to them in writing, or having it explained by a company physician.
A limited restriction to the worker's access denies direct access to information "regarding specific diagnosis of a terminal illness or a psychiatric condition which could be detrimental to the worker's health." However, the worker's designated representative (such as a personal physician) can obtain this information, and may then give it to the worker.
Exposure Records
The worker has the right to examine and copy five types of exposure records:
Industrial hygiene sampling data from personal, area, grab, wipe, bulk, or other forms of sampling for:
- chemicals
- bacteria, virus, fungus, etc.
- noise
Results of biological monitoring on blood, urine, breath, hair, etc. for toxic chemicals Material Safety Data Sheets (MSDS). In the absence of MSDS, any other record which reveals the identity of a toxic substance or harmful physical agent.
Exposure records of other employees with similar past or present job duties or working conditions.
Exposure records of workplace conditions to which the worker is to be assigned or transferred.
Facility Studies
Any study or analysis using exposure or medial records concerning the employee's working conditions or environment, will be made available to the worker upon request.
Facility Duties
Inform workers once a year of the existence and location of medical and exposure records Tell workers once a year who the facility representative responsible for providing access is
Provide a copy of the Access to Employee Exposure and Medical Records Standard to each worker requesting it
Provide that access is provided in a reasonable manner of time, but in not event later than 15 days
Provide access at times and places convenient to workers
When workers request copies of records, the facility must make certain that:
- a copy is provided, or
- copying facilities are made available, or
- the records are loaned out to enable copies to be made
The first time a record is provided, the company must pay all expenses. After that they may make reasonable search and copy charges.
Employers must maintain exposure records for 30 years after they are made; medical records for the duration of employment plus 30 years.
Transfer all records to the successor employer if the company goes out of business. If there is no successor, NIOSH must be given the opportunity to take the records.
OSHA Rights
OSHA has immediate rights to all worker exposure and medical records. If medical records contain personally identifiable information, the written consent of the worker must be obtained.
However, OSHA is subject to stringent safeguards to preserve the confidentiality of medical records.
Union Rights
Collective bargaining agents shall be automatically treated as designated representatives of all workers. They may:
Examine, copy and share information contained in the exposure records of all workers.
Examine and copy information in the medical records of workers who have signed a written consent form giving the union access.
Examine, copy and share analyses which use exposure or medical records.
Individual Worker Rights - How To Use Them
To qualify to use the regulation a worker must believe that he or she has been or is being exposed to a toxic substance or physical agent. The regulation applies to workers, former workers, and the representatives of dead workers. If you think you have been exposed, you may:
Request access to your exposure and/or medical records or
Grant permission to the union for access to your medical and/or exposure records by signing a written consent form. This permission can be limited in scope, and you may revoke it in writing at any time. Date your request for access and have it notarized.
You or your representative may then:
Examine, copy and share information contained in your medical records.
Examine, copy and share information contained in your exposure records, and the exposure records of others if they are relevant.
Examine, copy and share analyses which use exposure or medical records.
When you have examined your records you will better understand which health and safety
STATE EMPLOYEES ASBESTOS PROGRAM SUMMARY OF MAJOR POLICIES
TRAINING
- All new Level II employees or employees who transfer into Level II positions must be trained during their probationary period in a Level II training program approved by the Department of the Environment (MDE).
- No employee shall work with asbestos until he/she has been trained by the MDE and has passed the written examination.
- If training is not provided, the employee has the right to refuse the assignment.
- All Level II automotive employees must be retrained annually by their Agency Safety
& Health Specialist.
- A standardized written examination will be provided at the end of both the initial and refresher training. These exams are administered and retained confidentially for five years by MDE.
DEFINITIONS
LEVEL I WORKER - Any worker with the potential for asbestos exposure because of work-related activities, but who does not normally break, cut into, tear out, or otherwise disturb asbestos or asbestos-containing materials.
LEVEL II WORKER - Any worker whose job activity causes him/her to break, cut into, tear out, grind, or otherwise disturb asbestos or asbestos-containing materials, or who must work in areas where this activity takes place or who must enter an area restricted due to asbestos contamination.
INCIDENTAL JOB ACTIVITIES - Those job activities which happen as a result of, or in connection with, the performance of an employee's normal duties that are unavoidable because of the nature of that job activity.
MEDICAL MONITORING
- Post-probationary Level II employees who cannot be medically approved for respirator use will be reassigned, within classification, to other available work not involving Level II activities.
- All Level II workers will be provided pre-placement and periodic, examinations by the medical monitoring contractor. Termination examinations will be offered when the employee leaves Level II work.
- All Level II employees must participate in the Medical Monitoring process. Level II employees are not to perform Level II asbestos duties until their Medical Monitoring exam approves them to use respiratory protective equipment.
- An employee who participates in the medical monitoring program, but refuses any components of the examination, will be advised that the refusal may compromise his health status.
- All Level II new hires shall meet the prerequisites for both Medical Monitoring and Training during the Probationary Period. The probationary period can be extended if necessary.
- If an employee refuses to work with asbestos, he will not be eligible for medical monitoring. This refusal will be documented.
- If an employee can document previous Level II exposure as a State employee and no longer works with asbestos, he shall be entitled to medical monitoring on a voluntary basis.
- Confidentiality of all medical records will be assured by maintaining medical records separately from personnel records and limiting access to medical personnel, the employee, and the employee's designated representative.
WORK PRACTICES
- State employees will be assigned work with Asbestos only when it is incidental, but necessary for the performance of their normal job functions.
- Employees found to be unable to wear respirators, or otherwise unfit for potential asbestos exposure, shall not be permitted to work with asbestos.
- Protective clothing shall be provided and worn when performing Level II activities.
- State employees can volunteer to perform non-incidental work with notification to and approval by their Agency Safety & Health Specialist.
- Negative pressure half-face air purifying respirators with P100 cartridges are to be used only when performing brake-repairs using an vacuum enclosure system or an approved wet system. PAPRs are to be used when the brake or clutch enclosure or wet system is not possible and when changing vacuum filters.
- Facial hair which prevents direct contact of bare skin with the respirator sealing surface is prohibited by The State Employees Asbestos Program.
- All occupants in the vicinity of an asbestos-related job shall be evacuated to another area.
- All non-essential movable objects shall be decontaminated as necessary and removed from the work site. All electrical equipment, outlets and ventilation systems shall be properly prepared for the project (i.e., covered, locked out, etc.)
- A clean uncontaminated change area must be set up on all asbestos-related jobs.
- OSHA warning signs must be posted on all asbestos related jobs.
- An asbestos work differential of 50% will be paid to Level II employees in 1/10 hour increments, for time spent by the employee performing asbestos-related activities, and for time spent changing into and removing specified clothing and equipment.
- Upon completion of initial Level II training (i.e., the old 2 day class), each employee hired prior to March 15, 1985 has 15 days to decide his/her option to sign a formal work refusal form and turn it into their maintenance/automotive supervisor. Failure to turn in this form implies a consent to perform Level II work if required.
- Employees who were hired after March 15, 1985 do not have the option to refuse to work with asbestos when such employees have been duly informed of Level II job requirements via the consent form and have been trained, medically monitored, respirator fit tested, and provided with appropriate safety equipment.