OSHA Asbestos Regulations For The Construction Industry UNDERSTANDING

OSHA Asbestos Regulations For The Construction Industry

UNDERSTANDING OSHA First of all, the OSHA regulation on asbestos in the construction industry is directed to owners and employers involved in “Construction” as defined by paragraph (a) in 29 CFR 1926. 1101: “Scope and application”. It is not a regulation directed only to the “asbestos abatement” industry as a specialty contractor group!

It is a pro-active regulation that requires controls to keep “construction” employees safe when working on a site that contains ACM or asbestos. Most of the controls required are in lieu of measured airborne asbestos exposure. THEY ARE TO KEEP ASBESTOS EXPOSURE FROM HAPPENING.

The pro-active requirements are: 1. Competent Person in control of work site. 2. Identify asbestos at a site before work begins. 3. Notify those in control. 4. Regulated areas for any disturbance. 5. Negative Exposure Assessments for all work. 6. Specified work practices for all work. 7. PPE for Class I Work. 8. Decontamination for Class I Work.

9. Signage and labeling for ACM. 10. Training of employees. 11. Medical Surveillance for respirator use. These controls are required because of ACM in the work project – not because there has already been exposure. These are required controls to keep asbestos exposure from happening. They are necessarily pro-active.

Main Intent of OSHA Regs: No Exposure PELs Exposure No Exposure 0. 1 f/cc TWA 1. 0 f/cc EL You must work below the line. Never above the line.

The issue of exposure • In a regulatory way, the term “exposure” means air monitoring data which exceeds the Permissible Exposure Limits (PELs). • “No exposure” means that you have not exceeded the PEL. • There are two PELs: The 8 hour Time Weighted Average (TWA) of 0. 1 f/cc and the Excursion Limit (EL) 30 minute measurement or average of 1. 0 f/cc. • Both must be measured for. Both must be in compliance. • Except for small jobs of < 30 minutes in one day, you must use more than one cassette. • This is the most important compliance issue in all of OSHA. You must have air monitoring data for any asbestos work.

PACM Video • PACM

OSHA Presumed Asbestos Containing Material (PACM) (A better way to protect workers) PACM: TSI and Surfacing thru 1980 PACM ACM/Non-ACM (Due Diligence) ACM Floor Tile 1890 1980 This is ACM by law. Today This, you need to find out about

The Definition of PACM includes only TSI (mechanical system insulation) and Surfacing (friable). These are the “high risk” materials. TSI is insulation on mechanical systems. Think pipe, duct, boiler and tank insulation. It is insulation, not any ACM on a system (i. e. gaskets, duct tape, etc. ). Surfacing is what you would call “friable” surfacing (to use an EPA term). Think fireproofing, sprayed on acoustical, “popcorn ceilings”. Surfacing does not include plaster, stucco, wall or ceiling texturing or joint compound in wallboard systems. Surfacing does not include non-friables.

The Concept of PACM “Presumed ACM” is not a choice that you can make. It means that this material (TSI and Surfacing) is ACM by law. You do not choose to presume. It is a legal requirement from OSHA. All of this material in construction through 1980 is ACM. OSHA reasons that this is a better way to protect workers from exposure when working with this “High Risk” material than relying on an inspection report that may be in error.

The Concept of PACM An owner or employer may choose to rebut the presumption, but he doesn’t have to. OSHA does not require an inspection. If an owner or contractor chooses to rebut the PACM requirement, OSHA gives him a detailed protocol that must be followed (who can sample, how that is done, who can analyze the samples, how the analysis is done, and what the results mean). If the analysis results are less than or equal to 1%, the material is not PACM, but some controls are still required. If the material analysis is “no asbestos detected”, the material is not regulated under OSHA.

Presumed Vinyl Asbestos Tile OSHA also classifies all vinyl floor tile in construction through 1980 as ACM. Again, this is a regulatory requirement, not a choice that you make. An owner or contractor may choose to rebut this requirement, but again, he doesn’t have to. OSHA does not require an inspection. If rebuttal is chosen, OSHA gives a procedure that is different than rebutting PACM in proving that the tile is not ACM. PLM analysis does not work on floor tile. A consultant will usually use gravimetric reduction of a sample, and ultimate analysis by TEM, giving a % by weight result. This is our most accurate method of analysis for any suspect ACM.

1981 through today On the PACM chart that you reviewed, this period of time is the “Due Diligence” period. Due diligence just means that someone (owner or contractor) must find out. This is usually done by a bulk sampling inspection, and would include all suspect material on the worksite. Or, an owner may choose to simply assume that material is ACM, and proceed without an inspection. The “bottom line” is that OSHA does not leave the identity of the high risk material up to chance.

The 1980 Date Do not be confused by the 1980 date. It does not mean that OSHA doesn’t regulate material after that date. The 1980 date simply means that OSHA considers it highly unlikely that any high risk (TSI or Surfacing ACM) materials were installed in construction after 1980 as compared to the previous 100 years. EPA had essentially banned the use of TSI or Surfacing by 1978. Also, personal injury and property damage litigation against manufacturers ended the use of asbestos as an additive in manufacturing by about the same time (1980).

CLASSES OF WORK OSHA has divided all ACM work into 4 “Classes of Work”. The first two classes are removal work, the third class is maintenance disturbance and the forth class is custodial & maintenance contact, but no disturbance. The two removal classes are Class I Work and Class II Work. Class I Work is the removal of Class I Materials. Since these are “high risk” materials (Friable surfacing & TSI), this work is heavily regulated for your protection. Class II materials are less regulated for removal, as they are not high risk materials (roofing, flooring, etc. ). Class III and IV are even less regulated, because removal is not the intention of the work.

CLASSES OF WORK DEFINITIONS Class I Work The removal of TSI, fireproofing or popcorn Class II Work The removal of anything else Class III Work The small scale, short duration disturbance of ACM Class IV Work Contact, but no disturbance, or cleanup of previously generated debris

On the previous slide, Class III work is described as “Disturbance”. The OSHA regulation defines disturbance as ‘disrupting the matrix of the ACM, or generating a visible debris from ACM or PACM, no greater than the amount that can be contained in a single normal sized glovebag or wastebag’. This, then, is the threshold between Class III work and Class I or II removal.

CLASSES OF WORK Class II Work Class IV Work Competent Person In All Classes Class I Work APPLICATION Requires NPE, shower decon, full PPE, certified people, air monitoring, Negative Exposure Assessment (NEA) No initial NPE, NEA exemptions for shower decon, PPE, certified workers, air monitoring. One day training. Requires PPE for TSI & Surfacing, NEA exemptions for all other ACM. Two day training. SS, SD only. Requires NEA, all exemptions allowed, 2 hour training required.

CONTRACTOR ISSUES The Permissible Exposure Limit: • TWA 0. 1 f/cc • EL 1. 0 f/cc Comply with all the proactive requirements. Do not allow workers to be “exposed”.

BUILDING OWNER ISSUES § § § PACM: TSI & Surfacing Resilient Flooring Predating 1981 Due diligence responsibility Notifications Recordkeeping.

(k) COMMUNICATION OF HAZARDS The Building Owner Is A “Statutory Employer”, and must notify persons of ACM before it is disturbed. ALL TSI, SURFACING & RESILIENT FLOORING IN BUILDINGS BUILT BEFORE 1981 MUST BE PRESUMED TO BE, AND TREATED AS ASBESTOS! Prior to disturbance, the owner must notify: • Contractors • In - House Maintenance • Adjacent Contractors on Multi-Employer Worksites • Commercial Tenants

(k) COMMUNICATION OF HAZARDS (cont. ) PACM may be rebutted by: • Referring to an AHERA report, OR • Sampling per 40 CFR 763. 86 THE SAMPLING INSPECTOR MUST BE AHERA ACCREDITED.

(k) COMMUNICATION OF HAZARDS (cont. ) WORKER TRAINING: • CLASS I: AHERA Worker Accreditation • CLASS II: 8 hr. specific • CLASS III: AHERA 16 hr. O & M • CLASS IV: AHERA 2 hr. awareness Training required prior to work and annually thereafter.

Training All 4 of the major regulations address training. Without losing our focus on OSHA, lets review how each regulation addresses or requires training. The EPA NESHAP requires that the “supervisor” on a RACM site be trained at the AHERA Contractor/Supervisor level. This person must be present at all times whenever any RACM is being dealt with. NESHAP, at the federal level, does not address worker training, however, some local jurisdictions may address workers. AHERA requires custodial and maintenance workers in schools to be trained at the 2 hour awareness level, and for those who may disturb ACM, at the 16 hour level (2 days). In addition, for Response Action (“high risk”: friable or TSI) work in schools, AHERA requires certification for Project Designers, Contractor/Supervisors and Workers.

Training AHERA also requires certified training for Building Inspectors and Management Planners in schools. The Model Accreditation Plan (MAP) requires AHERA certified Building Inspectors in about all buildings except houses, and requires AHERA certified Project Designers, Contractor/Supervisors and Workers for Response Action (friable and TSI) work in the interior portions of all buildings except houses. OSHA Requires AHERA certified Contractor/Supervisors for Class I and Class II removal (Competent Person) and AHERA certified Workers for Class I work. OSHA also requires OSHA Class II training for Class II work, 16 hour AHERA maintenance training for Competent Persons and Workers performing Class III work and AHERA 2 hour training for Class IV work.

Training OSHA is your primary resource for information on required training in the construction industry. OSHA simply adopted AHERA training for Class I, III and IV work, and structured their own training for Class II Work ( the lower risk asbestos removal work).

The main issues of non-compliance likely to be cited are: NEA 3 basic work controls [(g)(1)] Notification Training

(q) DATES The final rule became effective October 1, 1995 The regulated community is in either compliance or non-compliance as of that date.

Thank you for your attention. If you have questions, please contact us: bill@theasbestosinstitute. com dale@theasbestosinstitute. com j@theasbestosinstitute. com