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OSHA Instruction TED 3.7 SEP 9 1986 Office of Consultation Programs
Subject: Consultation for Wood Treatment Operations Utilizing Inorganic
Compounds
A. Purpose. This instruction established the policy and procedures for
assisting employers in complying with Environmental Protection Agency (EPA)
requirements governing exposures to inorganic arsenic in wood treatment
operations.
B. Scope. This instruction applies OSHA-wide.
C. References.
1. EPA Federal Register Notice of January 10, 1986, (51 FR 1334)
Creosote, Pentachlorophenol, and Inorganic Arsenicals; Amendment of Notice of
Intent to Cancel Registrations. (Excerpt provided as Appendix A.)
2. OSHA Standard for Occupational Exposure to Inorganic Arsenic, 29
CFR 1910.1018 (for information and guidance only).
3. OSHA Instruction CPL 2-2.22, 29 CFR 1910.1018, Inspection and
Compliance Procedures for the Permanent Occupational Exposure Standard for
Inorganic Arsenic Compounds, January 2, 1979 (for information and guidance
only).
4. OSHA Instruction CPL 2-2.20A, Industrial Hygiene Technical
Manual, March 30, 1984.
5. OSHA Instruction CPL 2.45A, Revised Field Operations Manual
(FOM), April 18, 1983.
6. OSHA Consultation Agreements, 29 CFR 1908.
D. Action. Regional Administrators shall ensure that the policy and
procedures established in this instruction are understood and followed by
7(c)(1) Consultation Projects.
E. Federal Program Change. This instruction describes a Federal program
change which affects State Programs providing private sector consultation
services under 23(g) grants. Each Regional Administrator shall:
1. Ensure that this change is promptly forwarded to each State Designee.
2. Explain the technical content of this change to the State
Designee as requested.
3. Ensure that each State designee acknowledges receipt of this
Federal program change in writing, within 30 days of notification, to the
Regional Administrator. This acknowledgment should include a description
either of the State's plan to implement the change or of the reasons why the
change should not apply to that state.
4. Advise the State designee that the State's acknowledgment should
address the fact that State Plan States, unlike Federal OSHA, are not limited
by section 4(b)(1) of the Federal Act. A State whose State plan legislation
does not contain a State restriction similar to Federal 4(b)(1) can
potentially apply its inorganic arsenic standard to wood treatment
operations, which would of course, affect the advice rendered by
consultations in that State.
a. If a State intends to apply its State plan inorganic arsenic
standard to wood treatment operations instead of deferring to the EPA
requirements governing employee exposure to inorganic arsenic, it shall
follow its established procedures under the State plan, making referrals to
its enforcement operation as appropriate.
b. If a State intends to defer to the EPA requirements instead
of applying its State plan inorganic arsenic standard to wood treatment
operations, procedural arrangements should be established between the State
and Region for making the enforcement referrals to EPA.
5. Routine monitoring activities shall be used to determine if this
change has been implemented by actual performance.
F. Background.
1. EPA is exercising authority over the exposure of employees to
pesticides in their application, including the preservative treatment of wood
with inorganic arsenicals. The OSHA Standard for Occupational Exposure to
Inorganic Arsenic (29 CFR 1910.1018) does not apply to such
exposures.
2. EPA controls the use of arsenicals in wood preservation by
registration and labeling requirements established under the Federal
Insecticide, Fungicide and Rodenticide Act. The sale and use of inorganic
arsenicals for wood preservation is restricted to certified applicators (wood
treatment establishments) or persons under their direct supervision and the
uses are limited to those uses covered by the certification.
4. Compliance with the new requirements by wood treatment
establishments using products carrying the new label, has been required since
July 10, 1986, except for new operations, which must be in compliance no
later than 3 months after beginning operations. Under the "Existing Stocks
Provision", manufacturers to ensure that all stocks in the Marketplace carry
the new label. There is no provision to require that labeling be done
earlier than this. Wood treatment establishments will not be held to the
conditions of the new label until the product in use carries the new
label.
5. The wood preservative industry consists primarily of small,
high-hazard workplaces and is, therefore, the kind of industry where the
7(c)(1) Consultation Program focuses its resources. The major trade
associations representing arsenical wood treatment employers have expressed
interest in receiving comprehensive assistance from 7(c)(1) consultants,
including monitoring for arsenic air levels.
6. OSHA has entered into an agreement with EPA, through an exchange
of letters (see Appendix B) to provide, through State 7(c)(1) Consultation
Projects, consultation services relative to employee exposure to inorganic
arsenic at wood treatment plants where the employer requests a comprehensive
consultation visit.
G. Summary of the EPA Requirements.
1. In the preservative treatment of wood with inorganic arsenicals,
EPA has adopted a permissible exposure limit (PEL) of 10 micrograms of
arsenic per cubic meter of air averaged over an 8-hour day, identical to the
OSHA PEL.
2. Unless air monitoring shows that the PEL will not be exceeded,
arsenical wood treatment plant employers must require all employees
potentially exposed to airborne inorganic arsenic to wear properly fitting,
well maintained, high efficiency filter respirators MSHA/NIOSH-approved for
inorganic arsenic. Such respirators must be worn for the entire period that
they are in the treatment application work area or are engaged in any
activity associated with the treatment process.
3. Applicators may not eat, drink, or use tobacco products during
parts of the process that may expose them to the wood treatment formulation.
Thorough washing is required after skin contact and before eating, drinking,
use of tobacco products or use of restrooms.
4. When dermal contact is expected, applicators must wear gloves
impervious to the wood treatment formulation. When entering pressure
treatment cylinders or other related equipment that is contaminated,
employees must wear protective clothing, including overalls, jacket, gloves
and boots impervious to the formulation.
5. Protective clothing must be changed when it shows signs of
contamination. Applicators must leave protective clothing, including
workshoes and boots, at the plant.
6. All excess pesticides and wastes and worn-out protective
clothing must be disposed of in accordance with State and Federal regulations
for the disposal of pesticides.
7. The treatment process must leave no visible surface deposits on
the treated wood.
8. Closed emptying and mixing systems must be used for all powder
formulations of inorganic arsenic.
H. OSHA Consultation Procedures.
1. Consultation Projects will respond to requests from employers in
wood preservative plants for air monitoring for inorganic arsenic only when
the request is for a comprehensive consultation visit (covering all
operations at the worksite). [Projects are not to conduct initial arsenic
air monitoring in response to specific (limited) requests.] Requests for
comprehensive visits which include air monitoring for inorganic arsenic will
be given the same priority as other requests for consultation. If excessive
backlogs develop due to a large number of these requests, the Project Manager
is asked to contact the Region, which will then contact the OSHA National
Office, Directorate of Federal-State Operations (FSO) to develop methods to
reduce the request backlog. Responses to requests for visits to conduct
arsenic air monitoring subsequent to the initial air monitoring shall be made
only as resources of the consultation project permit.
2. Consultant preparation for the visit shall include a review of
the EPA requirements and their comparison with the requirements of 29 CFR
1910.1018, the OSHA Standard for Occupational Exposure to Inorganic Arsenic.
In addition, a review of OSHA Instruction CPL 2-2.22 should be made so that
the consultant will be prepared to use it as a source of information and
guidance for the employer. The instructions for compliance officers
concerning the use of personal protective equipment and other precautions
regarding their own exposure to inorganic arsenic shall be heeded by
consultants wherever they are applicable.
3. That portion of the consultation visit concerning exposure to
inorganic arsenic in the preservative treatment of wood will be made with
reference to the EPA Federal Register Notice of January 10, 1986. The
employer shall be advised on compliance with the requirements of the EPA
label. As requested by the employer, the consultant shall conduct initial or
subsequent (as consultation resources permit) air monitoring specified by the
EPA label and will report the results to the employer.
4. Where the 8-hour time weighted permissible exposure limit of 10
micrograms of arsenic per cubic meter of air is exceeded, the employer shall
be advised of the EPA requirement for reducing these exposures to acceptable
levels or for wearing appropriate and adequate respiratory protection
whenever the exposure level remains above this limit. The advantages of
reducing arsenic exposures to 10 ug/m3 or less or to the extent feasible
through the use of engineering controls and effective work practices will be
provided. In addition, advice and recommendations on the selection, fitting
and maintenance of respirators shall be provided. Reference to OSHA
Instruction CPL 2-2.22 shall be made, but only for the purpose of providing
information and guidance to employers as an aid to limiting employee
exposure.
5. Available evidence (from OSHA Docket #H-037, developed during
the promulgation of the OSHA Standard for Occupational Exposure to Inorganic
Arsenic) indicates that arsenic exposures in wood treatment operations
rarely, if ever, exceed 10 times the 10 ug/m3 PEL. However, if the PEL is
exceeded by a factor of 10 or more, i.e,, 8-hour time weighed exposures 100
ug/m3, the employer shall be advised of the necessity of requiring the use of
a full facepiece air-purifying respirator equipped with a high efficiency
filter in order to provide adequate protection. (Note that the full
facepiece respirator provided protection up to 500 ug/m3. See 29 CFR
1910.1018, Table I.) If any arsenic levels exceeding 100 ug/m3 are found,
this information (absent employer name) shall be reported to the OSHA
National Office, Directorate of Federal-State Operations. Any such
information received will be relayed to EPA for consideration in future
regulatory action on arsenic exposures in wood treatment plants.
6. Any violation of the EPA requirements concerning exposure to
arsenic which poses a serious hazard to employees, as determined in
accordance with the guidelines contained in the FOM, Chapter IV, and which
the employer fails to correct within a reasonable period of time, shall be
reported by telephone to the OSHA Regional Administrator, who shall, in turn,
notify the EPA Regional Office 7(c)(1) contact. (See Appendix C.)
7. The initial telephone notice of an employer's failure to correct
a serious violation of the EPA requirements shall be followed with a written
notice to the OSHA Director of Federal-State Operations, the EPA Regional
Office 7(c)(1) contact, and to the Director, Compliance Monitoring Staff, EPA
(EN-342), 401 M Street SW, Washington, D.C. 20460.
8. The remainder of the consultation visit will be conducted as
other consultation visits are, with the employer being advised on correction
of all hazards under OSHA jurisdiction.
9. Onsite consultation procedures set forth in 29 CFR 1908 shall be
followed in conducting the visit, including the reporting of an employer's
failure to correct serious hazards under OSHA jurisdiction within a
reasonable period of time to the appropriate OSHA Regional Office.
I. Completion of Consultation Data System Forms. In completing the
Consultation Data System Forms, consultants shall make special note of the
EPA Wood Treatment program on the appropriate forms in the following items:
1. Request Form, Consultation-20.
Item 11. SIC CODE. Under SIC code, Item 11 on the Request Form
should indicate SIC "2491," which represents "Wood Preserving and Treating"
in the 1972 SIC manual.
Item 13. HIGH HAZARD. Indicate that the request is "high hazard,"
on the basis of the OSHA-generated SIC Listing.
Item 19. SCOPE OF HAZARD SURVEY REQUESTED. Request Forms for
the EPA Wood Treatment program must reflect that a comprehensive safety and
health survey is required.
Item 26. OPTIONAL INFORMATION. Indicate "N" under Optional
Information Type. Indicate "10" under Optional ID. Indicate "EPA Wood
Treatment" under Optional Information Value.
2. State Visit Report, Consultation-30.
Item 34. OPTIONAL INFORMATION. Indicate "N" under Optional
Information Type. Indicate "10" under Optional Information ID. Indicate "EPA
Wood Treatment" under Optional Information Value.
3. Hazard Record, Consultation-40
Item 16. STANDARD OR INJURY CODE. When referencing the EPA
requirement, reference "O" "Other Standard or Code Reference".
Item 17. STANDARD REFERENCED OR SOURCE OF INJURY. When
referencing the EPA requirement, reference "51 FR 1334 EPA WOOD
TREATMENT."
Item 30. VERIFIED/REFERRED CODE. Complete this item as usual.
Employers who do not comply with the EPA requirement which is classified as a
"serious" hazard will be referred to the OSHA Regional
Administrator.
John A. Pendergrass Assistant Secretary
DISTRIBUTION: National and Regional Offices 7(c)(1) Project Managers State
Designees
Appendix A
Revised Registration Requirements for Employers
that Treat Wood with Inorganic Arsenicals
(EPA Federal Register Notice Excerpt)
Federal Register / Vol. 51, No. 7 / Friday, January 10, 1986 / Notices
1334
=============================================================================
ENVIRONMENTAL PROTECTION AGENCY
[OPP-30000/28H; FRL-2952-6]
Creosote, Pentachlorophenol, and Inorganic Arsenicals; Amendment of Notice
of Intent To Cancel Registrations.
AGENCY: Environmental Protection Agency [EPA]. ACTION: Amendment of notice
of intent to cancel.
1338
===========================================================================
IV. Modifications to the Terms and Conditions of Registration Required to
Avoid Cancellation
A. Label Changes
In order to avoid cancellation, registrants must make the
modification specified below to the labeling of their products following the
procedures set forth in Unit IV of this Notice. 1. For all products labeled
for use as wood preservatives and containing pentachlorophenol or its salts,
the following language must appear on the labels: The U.S. EPA has
determined that pentachlorophenol can produce defects in the offspring of
laboratory animals. Exposure to pentachlorophenol during pregnancy should be
avoided.
2. For all products labeled for pressure treatment of wood and
containing inorganic arsenicals, the following language must appear on the
labels:
Restricted Use Pesticide
For sale to and use only by certified applicators or by persons
under their direct supervision and only for those uses covered by the
certified applicators' certification.
Applicators must wear gloves impervious to the wood treatment
formulation in all situations where dermal contact is expected (e.g.,
handling freshly treated wood and manually opening cylinder doors).
Individuals who enter pressure treatment cylinders and other related
equipment that is contaminated with the wood treatment solution (e.g.,
cylinders that are in operation or are not free of the treatment solution)
must wear protective clothing, including overalls, jacket, gloves, and boots,
impervious to the wood treatment formulation. In addition, individuals who
enter pressure-treatment cylinders must wear properly fitting,
well-maintained, high efficiency filter respirators, MSHA/NIOSH-approved for
inorganic arsenic if the level of inorganic arsenic in the plant is unknown
or exceeds 10 micrograms per cubic meter of air (10 ug/m3) average over an
8-hour work period. Air monitoring programs, procedures and record retention
and submission must be conducted in accordance with the instructions on the
attached labeling material.
Applicators must not eat, drink, or use tobacco products during
those parts of the application process that may expose them to the wood
treatment formulation (e.g., manually opening/closing cylinder doors, moving
trams out of cylinders, mixing chemicals, and handling freshly treated
wood).
Wash thoroughly after skin contact, and before eating, drinking, use
of tobacco products, or using restrooms.
Protective clothing must be changed when it shows signs of
contamination. Applicators must leave protective clothing and workshoes or
boots and equipment at the plant. Worn-out protective clothing and workshoes
or boots must be left at the plant and disposed of in a manner approved for
pesticide disposal and in accordance with state and federal
regulations.
Pesticide wastes are acutely hazardous. Improper disposal of excess
pesticide, spray mixture, or rinsate is a violation of Federal law. If these
wastes cannot be disposed of by use according to label instruction, contact
your State Pesticide or Environmental Control Agency, or the Hazardous Waste
representative at the nearest EPA Regional Office for guidance.
Processes used to apply inorganic arsenical formulations shall leave
no visible surface deposits on the wood, as defined by AWPA Standard C-1 and
AWPB Standards LP2 and LP22. (Visible surface deposits means a surface
residue or crystallization on the treated wood. Small isolated or infrequent
spots of chemical on otherwise clean wood shall be allowed.)
Individuals in the work area of an arsenical wood, treatment plant
must wear properly fitting, well-maintained high efficiency filter
respirators, MSHA/NIOSH-approved for inorganic arsenic if the level of
inorganic arsenic in the plant is unknown or exceeds 10 micrograms per cubic
meter of air (10 um/m3) average over an 8-hour work period. Air monitoring
programs, procedures and record retention and submission must be conducted in
accordance with the instructions on the attached labeling material.
For powder formulations of inorganic arsenicals: A closed emptying
and mixing system must be used for all powder formulations of the inorganic
arsenicals. A closed system is defined as any containment which prevents the
release of subject chemicals into the surrounding external environment,
except that the release of incidental amounts of chemical during equipment
loading and periodic clean-out or maintenance operations shall not be deemed
a breach of containment.
Note to User: Examples of acceptable materials for protective
clothing (e.g., gloves, overalls, jackets, and boot(s) required during
application and handling of inorganic arsenicals are vinyl, polyvinyl
chloride (PVC), neoprene, NBR (Buna-N), rubber, and polyethylene.
3. For all products labeled for pressure treatment of wood and
containing inorganic arsenicals, the following language must be attached as
labeling:
====================================================================== a. Implementation of the permissible exposure limit (PEL) monitoring
program. Each arsenical wood treatment plant employer shall require all
employees potentially exposed to airborne inorganic arsenic to wear properly
fitting, well maintained high efficiency filter respirators
MSHA/NIOSH-approved for inorganic arsenic for the entire period that the
employees are in the treatment application work area or engaged in any
activity associated with the treatment process. Alternatively, to
potentially relieve employees from the burden of wearing respirators, the
employer may implement a Permissible Exposure Limit (PEL) monitoring program.
This requirement becomes effective for existing plants on July 10, 1986.
Any plants which begin operations in the future will have 3 months from the
date of initial operation to implement this requirement.
===============================================================================
All wood treatment plant employers who elect to implement the PEL
monitoring program must determine the current levels of airborne arsenic,
averaged over an 8-hour period, to which their employees are exposed by July
10, 1986. Monitoring data obtained two years prior to this implementation
date may be used to determine the initial levels of airborne exposure to
employees, if the date were obtained in the same manner as described below in
the "Monitoring and Measurements Procedures" unit, and if the employer can
certify that no changes have been made since the time of monitoring that
could have resulted in new or additional employee exposure to inorganic
arsenic including events on the "PEL Checklist" below.
If the initial or subsequent monitoring demonstrates that airborne
inorganic arsenic in a work area is greater than 10 ug/m3, all employees
working in that area are required to wear properly fitting, well maintained
high efficiency filter respirators MSHA/NIOSH-approved for inorganic arsenic.
If in subsequent monitoring, at least two consecutive measurements taken at
least 7 days apart, the inorganic arsenic levels are below 10 ug/m3,
employees in those areas may discontinue the wearing of the respirators,
except as discussed in the "PEL Checklist" below. However, if the employee
exposure is above 5 ug/m3 and below 10 ug/m3, the employer shall repeat
monitoring at least every 6 months until at least two consecutive
measurements, taken at least 7 days apart, are below 5 ug/m3. The employer
may then continue monitoring, except as discussed in the "PEL Checklist"
below.
b. PEL Checklist. In all cases where there has been a change in
production, process, control, or employee handling procedures, or if any
events in the PEL Checklist occurred, or if, for any other reason an employer
should suspect new or additional airborne inorganic arsenic, additional
monitoring that complies with the requirements for initial monitoring shall
be completed. Responses to the Checklist will become part of the monitoring
records. Monitoring is required within 3 months if any of the following
events/questions on the check list can be answered in the affirmative with
respect to any events which may have occurred since the last monitoring
report submitted to the Agency:
1. After the wood has been treated, have you changed from hand
stacking to mechanical stacking or from mechanical stacking to hand stacking?
If yes, when?
2. Has your production capacity increased significantly? If yes,
when?
3. Have you changed from a ready-to-use or dilute concentrate to a
mix-it-yourself formulation? Has the proportional amount of arsenic in the
solution increased, e.g., have you shifted from CCA type A or C to type B?
If yes, when?
4. Has a significant, i.e., reportable under the "Comprehensive
Environmental Response, Compensation, and Liability Act of 1980" (Superfund),
42 U.S.C. 9601 et seq., spill occurred? If yes, when?
5. Is treated wood being retained on the drip pad for less time? If
yes, when?
6. Have there been any other production, process, control or
employee handling procedure changes which could result in new or additional
airborne inorganic arsenic? Identify change, and when it occurred.
c. Monitoring and measurement procedures. The employer shall
collect personal air samples, including at least one sample which is adequate
to represent typical conditions for a full work shift (at least 7 hours) for
each job classification in each work area. Sampling should be done using a
personal sampling pump calibrated at a flow rate of 2 liters per minute.
Samples should be collected on 0.8 micrometer pore size membrane filter (37
mm diameter). The method of sampling analysis should have an accuracy of not
less than +- 35 percent (with a confidence limit of 95 percent) for
concentrations of inorganic arsenic between 5 and 10 ug/m3.
Monitoring may be conducted through a request made to the
Occupational Safety and Health administration (OSHA) for monitoring
assistance which may be provided free of charge under the terms of the OSHA
consultation program as provided under section 7(c)(1) of the OSHA Act, or by
employees or contractors of the employer's choosing.
The Environmental Protection Agency (EPA) may direct that
remonitoring take place at statistically selected establishments to assure
that the Checklist is effective in identifying events which increase airborne
arsenic. Selected employers will be notified by EPA/State enforcement
representatives. The employer will be responsible for obtaining current air
monitoring data within the time specified in the remonitoring notification
and for submitting these data and reports to the EPA as described
below.
d. Data submission and certification. The employer shall establish
and maintain accurate records which include responses to PEL Checklist and
all monitoring reports. The annual records or copies thereof shall be
submitted to the U.S. Environmental Protection Agency, Office of Pesticides
and Toxic Substances Office of Compliance Monitoring (EN-342), 401 M Street
SW., Washington, D.C. 20460. All records submitted will be certified by the
employer as accurate and in compliance with all calibration, analytical and
sampling requirements outlined in this program. If the employer received
assistance from an OSHA 7(c)(1) consultant, that consultant's report to the
employer will be an acceptable record of calibration, analysis, and
monitoring requiring no additional certification.
V. Existing Stocks Provision
In order to be lawfully distributed, sold, offered for sale, held
for sale, shipped, delivered for shipment, or received and (having been so
received) delivered or offered for delivery to any other person, all wood
preservative products subject to this amended Notice, and all existing stocks
of such products (whether in the hands of registrants or others) must be
relabled with Agency approved labels in accordance with the label language
set forth in Unit IV of this Notice by November 10, 1986.
APPENDIX B
OSHA Agreement with EPA
(Through an exchange of letters)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Washington, D.C. 20460
FEB 14 1986
Mr. Patrick Tyson Acting Assistant Secretary Occupational Safety and Health
Administration U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, D.C. 20210
Dear Mr. Tyson:
This will confirm the request made by the Environmental Protection Agency
(EPA) that the Occupational Safety and Health Administration (OSHA) permit
consultants funded under the OSHA 7(c)(1) consultation program to respond to
consultation requests from arsenical wood treatment plant employers. The
consultation visit will be comprehensive and include the monitoring of
ambient inorganic arsenicals.
BACKGROUND
As stated in the November 8, 1979, letter from the OSHA Deputy Assistant
Secretary, "as a matter of policy to avoid duplicative regulation of wood
preservative pesticides, it [OSHA] will defer to EPA on workplace regulation
of uses and impregnation/application so long as OSHA has full assurance from
EPA of an active program in that agency to investigate any public or
occupational health risks from these wood preservatives that are brought to
its attention, and full assurances that regulatory action to eliminate any
significant risks also are forthcoming from EPA." Furthermore, the Scope and
Application of the OSHA Inorganic Arsenic (1978) standard, 29 CFR 1910.1018,
states, "[T]his section applies to all occupational exposures to inorganic
arsenic except that this section does not apply to employee exposures in
agriculture or resulting from pesticide application, the treatment of wood
with preservatives or the utilization of arsenically preserved wood."
On July 13, 1984, EPA published in the Federal Register a Notice of Intent
to Cancel Registrations of Pesticide Products containing Creosote,
Pentachlorophenol (including its salts) and the Inorganic Arsenicals (49 FR
28666). This Notice concluded the Rebuttable Presumption Against
Registration (RPAR) process of the wood preservative uses of the three
chemicals and announced that certain modifications in the terms and
conditions of registration were required to avoid cancellation. One of the
requirements of this Notice was the use of respirators in arsenic pressure
treatment plants where the arsenic ambient air levels exceed 10 ug/m3 or are
unknown.
(Permissible Exposure Limit [PEL] program). EPA has concluded that certain
minor changes to the July 13 Notice are appropriate and issued an amended
Notice on January 10, 1986. The PEL program will remain the same as set out
in the July 13 Notice except for minor revisions in the dates for certain
monitoring requirements. A six month phase-in period will be allowed from
the date of publication of the amended Notice for the PEL program in existing
inorganic arsenic pressure treatment plants. Any plants which begin
operations in the future will have three months from the date of initial
operation to conduct monitoring. When a PEL checklist item has been
exceeded, there will be a three month period to conduct remonitoring. A two
year grandfathering period from the date of publication of the amended Notice
will be allowed for use of existing monitoring data as long as the data were
obtained in the same manner as described in the Notice.
The PEL Program describes the conditions which require either a respirator
to be worn or require the periodic monitoring of ambient arsenic levels by
the employer to determine if respiratory protection is required. The
requirements for employee protection from inorganic arsenicals are consistent
with OSHA's requirements at 29 CFR 1910.1018 by requiring properly fitting,
well-maintained filter respirators approved by MSHA-NIOSH to be effective
with inorganic arsenic when employees are exposed to ambient levels of
inorganic arsenic which meet or exceed 10 ug/m3. In addition, all pressure
treatment applicators are required to use processes (engineering controls) to
apply the inorganic arsenical formulations in a manner which causes no
visible surface deposits to be left on the treated wood. Excess arsenic
formulations on the drying wood surfaces are believed to cause increased
ambient arsenic levels in the workplace.
Employers may elect to forego monitoring and if so, employees would be
required to wear the respirators during their entire work period. The
Permissible Exposure Limit (PEL) Program is preferred for the following
reasons: 1) requiring compliance with a PEL of 10 ug/m3 is a more effective
way of reducing exposures than would be achieved by requiring workers to wear
respirators, and 2) establishments with acceptable ambient arsenic levels
would be identified and the employees of these establishments would not be
required to wear respirators unnecessarily.
Employers who elect monitoring will be responsible for providing arsenic
monitoring information to the EPA/State enforcement agencies. In addition,
if exposures are over the PEL, employers may choose to install engineering
controls to control exposure to avoid less effective respirator use. The
majority of the approximately 200 arsenic wood treatment plants which are
expected to request a consultation visit fall into the category of "small
business." They may not be knowledgeable of monitoring techniques or cost
effective engineering controls which do exist.
The goal of assisting small business, coupled with the limited resources
available to EPA to provide technical assistance in monitoring the ambient
levels of arsenic in wood treatment plants has led to this EPA request.
AGREEMENT
As a result of comprehensive discussions between our respective staffs, it
is mutually agreed that:
OSHA will permit consultants funded by the 7(c)(1) program to
respond to initial requests from arsenical wood treatment plant employers for
a comprehensive consultation visit. The visit will include a review of
OSHA-regulated hazards and the consultants will advise employers regarding
compliance with OSHA standards which are applicable as well as compliance
with the EPA label concerning arsenic air levels and the OSHA arsenic
standard. If the EPA label requirements or OSHA standards are not being met,
the consultant will advise employers of ways to meet the requirements. The
consultant's written report, including the arsenic monitoring data, may be
submitted by the employer to EPA-delegated enforcement personnel to satisfy
the monitoring data requirements. If the consultant finds, in the course of
any follow-up consultation that the employer is not taking adequate steps to
correct serious (TWA 10 ug/m3) arsenic hazards, in violation of the EPA
requirements, the consultation program will notify OSHA and OSHA would notify
EPA. Employer requests for follow up or additional consultation visits will
be considered on a case-by-case basis. The service provided by the OSHA
7(c)(1) program will be free of charge to the employer or to EPA.
EFFECT OF AGREEMENT
Arsenical wood treatment plant employers enthusiastically support the use of
OSHA's 7(c)(1) program in their industry. EPA has been assured by the major
trade associations representing arsenical wood treatment employers that an
active effort will be made to advise employers of the availability of a
comprehensive visit by an OSHA 7(c)(1) consultant and that the subsequent
arsenic monitoring report may be used to comply with EPA requirements, and to
encourage use of the OSHA consultation program.
The four major groups affected by this agreement are expected to accrue the
following benefits:
-- Employees will benefit from protection against excessive exposure
to arsenic as well as protection from OSHA regulated health and safety
hazards.
-- Employers will benefit from free OSHA consultation visits in
which safety and health problems will be identified and advice on hazard
correction will be provided. In addition, the employers will be provided a
valid monitoring report with which to comply with EPA's requirement under the
PEL Program.
-- EPA will benefit by having valid exposure data for enforcement
purposes.
-- OSHA will benefit by meeting its mandate in reducing risks to
employees and by assisting other agencies in also achieving this
mandate.
I recommend that the terms of this agreement become effective upon the
signature of the agencies and remain in effect until terminated by (1) mutual
agreement; or (2) a 30-day advance written notice by any of the parties.
Sincerely,
John A. Moore Assistant Administrator for Pesticides
and Toxic Substances
UNITED STATES DEPARTMENT OF LABOR Assistant Secretary for
Occupational Safety and Health Washington, D.C.
20210
MAR 7 1986
Mr. John Moore Assistant Administrator for Pesticides and Toxic Substances
Environmental Protection Agency 401 M Street, S.W. Washington, D.C. 20460
Dear Mr. Moore:
This is in response to your letter of February 14, containing a proposed
agreement between the Environmental Protection Agency (EPA) and the
Occupational Safety and Health Administration (OSHA) under which the OSHA
7(c)(1) consultants would not normally provide such assistance since, under
our understanding of November 8, 1979, exposure to arsenic resulting from the
treatment of wood with preservatives is regulated by EPA.
We have reviewed the agreement, and we will be pleased to assist smaller
employers in the wood preservative industry as the agreement provides. State
consultants in the OSHA 7(c)(1) Program will monitor for inorganic arsenic as
part of a comprehensive visit to wood preservative employers during which
they provide advice on all applicable OSHA standards. Consultants will also
advise on ways to meet the EPA label requirements when the employer is not in
compliance. OSHA understands that the consultant's monitoring results can be
used by the employer to comply with the EPA monitoring requirements. If an
employer fails to take the actions necessary to correct serious arsenic
hazards (TWA 10 ug/m3) within a reasonable period of time, the State
consultation project would notify OSHA and OSHA would notify EPA.
The assistance being provided in conjunction with this agreement falls
directly within the mission of our 7(c)(1) Consultation Program, i.e., help
smaller employers within high-hazard industries identify potential hazards
and develop preventive management systems. We are pleased that this
agreement will assist employers and employees in wood treatment plants in
preventing both OSHA-regulated hazards and exposure to inorganic arsenicals.
This response constitutes OSHA's endorsement of the provisions of the
agreement as set forth in your February 14 letter.
Sincerely,
Patrick R. Tyson Acting Assistant Secretary
Appendix C
EPA/OSHA 7(c)(1) CONSULTATION AGREEMENT
EPA Regional Program Managers/Contacts
Region Name Title FTS Mailing Address
------ ---- ----- --- ---------------
1 Louis F. Gitto Director 223-2226 JFK Federal Bldg.
Air Mgmt. Room 2311 - AAA
Division Boston, MA 02203
2 Dr. Barbara Metzger Director 340-6754 Woodbridge Av
Environmental Building 10
Services Division Edison, NJ 08837
3 Stephen R. Wassersug Director 597-8131 841 Chestnut St.
Hazardous Waste Philadelphia, PA
Division 19107
4 Winston A. Smith Director 257-3043 345 Courtland St. NE
Air, Pesticides Atlanta, GA 30365
& Toxic Substances
Division
5 Phyllis Reed Acting Chief 353-2291 536 S. Clark St.
Pesticides & Chicago, IL 60605
Toxic Substances
Branch
6 William B. Hathaway Director 729-0104 1201 Elm Street
Air & Pesticides Dallas, TX 75270
and Toxic Division 6T
7 Art Spratlin Director 757-2834 726 Minnesota Av
Air & Toxics Kansas City, KS
Division 66101
8 Irwin L. Dickstein Director 564-1437 One Denver Place
Air & Toxics Suite 1300
Division Denver, CO
80202-2413
9 Harry Seraydarian Director 454-7460 215 Fremont St.
Toxics & San Francisco, CA
Waste Mgmt. 94105
Division
10 Gary O'Neal Director 399-1198 STOP: 531
Air & Toxics 1200 6th Av
Division Seattle, WA 98101
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