[Federal Register: July 1, 2010 (Volume 75, Number 126)]
[Notices]
[Page 38130-38135]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy10-106]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2010-0011]
Keystone Steel and Wire Company; Notice of Application for a
Permanent Variance, Grant of an Interim Order, and Request for Comments
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Notice of application for a permanent variance; grant of an
interim order.
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SUMMARY: Keystone Steel and Wire Company (KSW) is applying for a
permanent variance from the provisions of the OSHA standards that
regulate occupational exposure to lead and arsenic, specifically
paragraph (h)(2)(i) of 29 CFR 1910.1025 and paragraph (k)(2) of 29 CFR
1910.1018. These provisions prohibit the use of compressed air to clean
floors and other surfaces where lead and arsenic particulates
accumulate. This notice seeks public comment on the alternative
conditions proposed by KSW to protect its workers when they use
compressed air to remove lead and arsenic particulates from inside the
housings of crane motors.
DATES: Submit comments and requests for a hearing on or before August
2, 2010. The interim order specified by this notice becomes effective
July 1, 2010. All submissions must bear a postmark or provide other
evidence of the submission date.
ADDRESSES: Electronic. Submit comments and requests for a hearing
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
Facsimile. OSHA allows facsimile transmission of comments that are
10 pages or fewer in length (including attachments), as well as hearing
requests. Send these comments and requests to the OSHA Docket Office at
(202) 693-1648; hard copies of these comments are not required. Instead
of transmitting facsimile copies of attachments that supplement their
comments (e.g., studies and journal articles), commenters may submit
these attachments to the OSHA Docket Office, Technical Data Center,
Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution Ave.,
NW., Washington, DC 20210. These attachments must clearly identify the
sender's name, date, subject, and docket number (i.e., OSHA-2010-0011)
so that the Agency can attach them to the appropriate comments.
Regular mail, express delivery, hand (courier) delivery, and
messenger service. Submit three copies of comments and any additional
material (e.g., studies and journal articles), as well as hearing
requests, to the OSHA Docket Office, Docket No. OSHA-2010-0011,
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200
Constitution Ave., NW., Washington, DC 20210; telephone: (202) 693-
2350. Contact the OSHA Docket Office at (202) 693-2350 for information
about security procedures concerning the delivery of materials by
express delivery, hand delivery, and messenger service. The hours of
operation for the OSHA Docket Office and Department of Labor are 8:15
a.m. to 4:45 p.m., e.t.
Instructions. All submissions must include the Agency name and the
OSHA docket number (i.e., OSHA-2010-0011). OSHA places comments and
other materials, including any personal information, in the public
docket without revision, and these materials may be available online at
http://www.regulations.gov. Therefore, the Agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data.
Docket. To read or download submissions or other material in the
docket, go to http://www.regulations.gov or to the OSHA Docket Office
at the address above. All documents in the docket are listed in the
http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through this Web site. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.
FOR FURTHER INFORMATION CONTACT: General information and press
inquiries. For general information and press inquiries about this
notice contact Jennifer Ashley, Director, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone: (202) 693-1999.
Technical information. For technical information about this notice,
contact MaryAnn Garrahan, Director, Office of Technical Programs and
Coordination Activities, Room N-3655, OSHA, U.S. Department of Labor,
200 Constitution Avenue, NW., Washington, DC 20210; telephone: (202)
693-2110; fax: (202) 693-1644.
Copies of this Federal Register notice.
Electronic copies of this notice are available at http://www.regulations.gova,.
Electronic copies of this notice, as well as news releases and other
relevant information, are available on OSHA's Web page at http://www.osha.gov.
I. Notice of Application
Keystone Steel and Wire Company (hereafter, "KSW" or "the
applicant"), 7000 SW. Adams Street, Peoria, IL 61641,\1\ submitted an
application for a permanent variance under Section 6(d) of the
Occupational Safety and Health Act of 1970 ("OSH Act"; 29 U.S.C. 655)
and 29 CFR 1905.11 ("Variances and other relief under section 6(d)")
(see Exhibit 1: KSW's original variance application dated 09/10/1998).
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\1\ This address also is the place of employment described in
the application.
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The applicant seeks a permanent variance from the provisions of the
OSHA standards that regulate occupational exposure to lead and arsenic,
specifically paragraph (h)(2)(i) of 29 CFR 1910.1025 and paragraph
(k)(2) of 29 CFR 1910.1018. These paragraphs prohibit use of compressed
air to clean floors and other surfaces where lead and arsenic
particulates accumulate. These paragraphs specify the following
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requirements:
29 CFR 1910.1025(h)(2)(i): Floors and other surfaces where lead
accumulates may not be cleaned by the use of compressed air.
29 CFR 1910.1018(k)(2): Cleaning floors. Floors and other
accessible surfaces contaminated with inorganic arsenic may not be
cleaned by the use of compressed air, and shoveling and brushing may
be used only where vacuuming or other relevant methods have been
tried and found not to be effective.
The applicant contends that the permanent variance would provide
its workers with a place of employment that is at least as safe and
healthful as they would obtain under these standards.
The applicant certifies that it provided the union representative
\2\ with a copy of its variance application. The applicant also
certifies that it notified its workers of the variance request by
posting a summary of the application at a prominent location where it
normally posts notices to its workers, and specifying where the workers
can examine a complete copy of the application. In addition, the
applicant states that it informed workers and the union representative
of their right to petition the Assistant Secretary of Labor for
Occupational Safety and Health for a hearing on this variance
application.
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\2\ Mr. Tim Carroll, representative of the Independent Steel
Workers Alliance (ISWA) local union in Bartonville, IL.
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II. Supplementary Information
A. Overview
The applicant operates a melt shop where it processes scrap steel
into a molten state. The equipment used to accomplish the melting
process consists of: An electric-arc furnace, which uses an electric
arc generated from electrodes to melt the scrap steel; and a ladle
metallurgy furnace, which uses electrodes to maintain the molten steel
at a constant temperature to produce the proper consistency of steel.
The melting process requires the use of two overhead cranes to haul the
scrap to the furnaces, and to transport the molten steel for further
processing. Ten large, direct-current electric motors power each crane.
During the melting process, fugitive emissions containing trace
amounts of lead and arsenic accumulate inside the motor housings of the
overhead cranes.\3\ To prevent electric arcing, KSW must remove the
accumulated particulates from inside the crane-motor housings. To
accomplish this task, KSW uses compressed air supplemented by a vacuum-
containment system (see Exhibit 16: KSW's amended application dated 04/
02/2009). To demonstrate the effectiveness of this system, KSW
performed several rounds of personal-exposure monitoring for the
workers who use the system to remove particulates from inside the
crane-motor housings. Results of the sampling (see Exhibit 16: KSW's
amended application dated 04/02/2009) indicate that worker exposures
were below the action level of 30 micrograms of lead per cubic meter of
air ([micro]g/m\3\) \4\ and 5 [micro]g/m\3\ of inorganic arsenic \5\
during two consecutive rounds of sampling.
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\3\ The facility has local exhaust ventilation on the furnaces
and a canopy hood for the entire melt shop that captures most of the
fugitive emissions.
\4\ See Sec. 1910.1025(b).
\5\ See Sec. 1910.1018(b).
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B. Summary of KSW's Variance-Application Process
On April 2, 2009, KSW submitted an amended variance application
(see Exhibit 16: KSW's amended application dated 04/02/2009) requesting
a permanent variance from paragraph (h)(2)(i) of 29 CFR 1910.1025 and
paragraph (k)(2) of 29 CFR 1910.1018. The amended application was the
latest in a sequence of variance applications and related
correspondence that dates to 1998. These documents, each identified by
its exhibit numbers, are:
Exhibit 1: KSW's original variance application dated 09/10/1998.
Exhibit 2: OSHA letter dated 10/19/1998 to KSW denying the
application.
Exhibit 3: KSW's second application dated 08/26/1999.
Exhibit 4: KSW letter dated 09/02/1999 to OSHA describing
engineering controls.
Exhibit 5: OSHA letter dated 09/08/1999 to KSW acknowledging
receipt of the second application.
Exhibit 6: OSHA letter dated 07/06/2003 to KSW requesting
additional information.
Exhibit 7: KSW letter dated 09/08/2003 to OSHA acknowledging
receipt OSHA's letter of 07/06/2003.
Exhibit 8: KSW letter dated 06/18/2004 to OSHA providing additional
information.
Exhibit 9: OSHA letter dated 10/22/2005 to KSW requesting an
amended application.
Exhibit 10: KSW's amended application dated 11/27/2006.
Exhibit 11: OSHA letter dated 05/28/2008 to KSW requesting
additional information.
Exhibit 12: KSW letter dated 10/29/2008 to OSHA providing
additional information.
Exhibit 13: OSHA letter dated 12/05/2008 to KSW requesting
additional information.
Exhibit 14: KSW letter dated 02/13/2009 to OSHA providing
additional information.
Exhibit 15: KSW letter dated 04/02/2009 to OSHA submitting an
amended application.
Exhibit 16: KSW's amended application dated 04/02/2009.
Exhibit 17: OSHA letter dated 02/16/2010 to KSW proposing
alternative conditions.
Exhibit 18: KSW letter dated 03/09/2010 accepting OSHA's proposed
alternative conditions.\6\
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\6\ See also the following reference documents included in KSW's
amended variance application of 11/27/2006: Exhibit 19: KSW's
Arsenic, Lead and Cadmium Control Program; Exhibit 20: KSW's
Respiratory Protection Program; and Exhibit 21: KSW's Safe Job
Procedure.
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C. Proposed Alternative to 29 CFR 1910.1025(h)(2)(i) and 29 CFR
1910.1018(k)(2)
The applicant states that it is necessary to use compressed air in
combination with a vacuum-containment system to completely remove
particulates containing lead and arsenic from inside crane-motor
housings during periodic maintenance operations. Paragraph (h)(2)(i) of
29 CFR 1910.1025 regulates housekeeping operations involving lead
contamination, and prohibits the use of compressed air for cleaning
floors and other surfaces. Paragraph (k)(2) of 29 CFR 1910.1018
duplicates this housekeeping requirement for arsenic contamination.
Compliance with these two paragraphs prevents exposure of workers
(through inhalation) to unsafe airborne concentrations of lead and
arsenic particulates that would occur if employers use compressed air
for cleaning purposes.\7\
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\7\ See, e.g., the preamble to paragraph (h) of the final Lead
standard (43 Federal Register, vol. 43, p. 52994, November 14,
1978), which noted language from the proposed standard stating that
"the proposed language for this provision required `surfaces to be
maintained free of accumulation of lead which, if dispersed, would
result in airborne concentrations above the permissible exposure
limit.' "
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As an alternative to complying with the housekeeping requirements
specified by 29 CFR 1910.1025(h)(2) and 1910.1018(k)(2), the applicant
proposes to adopt an alternative means of compliance that consists, in
part, of a compressed-air-vacuum-containment
(CAVC) system mounted on a truck. A worker begins the crane-motor
cleaning operation by inserting the nozzle of the compressed-air gun
into an opening in the housing, then triggers the compressed air. The
vacuum-containment system, which the worker activates prior to
beginning the motor-cleaning operation, generates exhaust airflow
inside the crane-motor housing. The vacuum, delivered through a hose,
has an exhaust volume of 5,000 cubic feet per minute (cfm), and
collects the lead and arsenic particulates that the worker removes with
compressed air from the interior components of the crane motor. The
system then deposits the particulates in a hopper, also mounted on the
truck.
KSW designed a flanged end that fits over an opening in a housing
that covers each crane motor (see Exhibit 15). The vacuum hose is
connected to, and is supported by, this flange. Thus, the combination
of the housing, flanged end, compressed air, and the vacuum-containment
system captures most of the fugitive particulates released during the
motor-cleaning operation, thereby reducing worker exposure to airborne
lead and arsenic.
In support of its variance application, KSW submitted the following
data and information demonstrating the effectiveness of the alternative
means of compliance:
1. KSW administered several rounds of personal-exposure monitoring
to workers who used compressed air while cleaning the crane motors. The
results for the last two rounds of sampling for both lead and arsenic
were below the action levels for these substances (see Exhibit 15).
2. KSW performed several rounds of medical surveillance, including
biological monitoring for blood lead and zinc protoporphyrin
concentrations, on workers who cleaned crane motors. Blood-lead
monitoring results were well below the allowable concentration of 40
[mu]g lead/100 g whole blood (see Exhibit 15).
3. KSW developed and implemented a Respiratory Protection Program
designed to meet the requirements specified by 29 CFR 1910.134 and 29
CFR 1910.1025(f) (see Exhibit 20).
4. KSW developed and implemented an Arsenic, Lead, & Cadmium
Control Program to meet the requirements specified by 29 CFR 1910.1018,
29 CFR 1910.1025, and 29 CFR 1910.1027, respectively (see Exhibit 19).
5. KSW developed and implemented a Safe Job Procedure incorporating
key elements of a job-hazard analysis. This document provides affected
workers with a description of the steps required to complete the
cleaning task, and the hazards associated with, and control methods
used for, each of these steps (e.g., using vacuum exhaust in
conjunction with compressed air, the type of protective clothing and
other PPE to wear) (see Exhibit 21).
6. KSW developed and implemented a program to instruct affected
workers about the hazards associated with performing motor-cleaning
operations, and the hazard controls used while performing these
operations (see Exhibit 15).
In addition to the CACV, the applicant proposes to include the
following conditions in its alternative means of compliance:
Engineering Controls and Related Conditions
1. Implement engineering controls (i.e., a compressed-air-vacuum-
containment (CAVC) system) that maintain negative pressure inside the
housing enclosing each crane motor when using compressed air to clean
crane motors; this condition ensures that the exhaust airflow leaving
the enclosure exceeds the inflow of compressed air by maintaining the
volume of compressed air below 5,000 cfm. This condition effectively
prevents escape of lead and arsenic particulates from the crane-motor
housing.
2. To prevent the spread and recirculation of captured lead and
arsenic particulates from the vacuum truck, ensure that: (a) The
exhaust air in the CVAC system passes through a high-efficiency
particulate air (HEPA) filtration system prior to discharge; and (b)
this filtered exhaust does not reenter the work areas inside the plant.
3. Ensure the continued effectiveness of the alternative means of
compliance by: (a) Performing a pre-use or yearly inspection (whichever
occurs more frequently) of all equipment and components used in the
cleaning operations; \8\ (b) documenting such inspections using a
checklist; (c) replacing or repairing all defective parts and
components; and (d) maintaining records of inspections and corrective
actions. This condition ensures that the equipment performs
continuously at optimum effectiveness, thereby minimizing release of
lead and arsenic particulates into the ambient atmosphere during the
crane motor-cleaning operation.
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\8\ Examples of the equipment or components listed on the
checklist include: Air compressors; pressure regulators; gages;
compressed-air hoses; nozzle-pressure reducer; crane-motor
enclosures; flanges; vacuum-system operations, including the HEPA
filtration system and replacement of used filters; vacuum hoses; and
electric outlets and extension cords used during the cleaning
process.
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4. Before implementing revisions to the motor-cleaning process,
modify the Safe Job Procedure (see Exhibit 21) accordingly, and inform
affected workers of the modifications. This condition promptly informs
and updates workers performing the crane motor-cleaning operation of
revisions to work procedures and safety practices, thereby reducing the
possibility that they could compromise the effectiveness of the CACV
system and other protective measures.
Exposure Monitoring
5. Perform personal-exposure monitoring (i.e., breathing-zone
sampling) of the workers for lead and arsenic particulates during the
entire period they use compressed air to clean crane motors. For
multiple crane motor-cleaning operations during the same maintenance
cycle, perform such monitoring on at least two operations that are
representative of exposures for all affected workers performing
cleaning operations during the cycle. This condition allows KSW to
monitor worker exposure to lead and arsenic particulates outside the
crane-motor housing during the cleaning operation. KSW would use these
monitoring results to determine the effectiveness of the CACV system,
and to take corrective action if exposures are at or above the action
levels for lead or arsenic.
6. Conduct breathing-zone sampling of affected workers for the
entire work day (full shift) on days when workers use compressed air to
clean crane motors. The full-shift sampling must include separate
sampling during the crane motor-cleaning operation, as well as during
the remainder of the shift. This condition would assist KSW in
identifying the source of elevated exposures (i.e., at or above the
action level) that occur during the shift so that it can correct or
implement appropriate exposure-control measures to reduce worker
exposures below the action levels for lead and arsenic.
7. Ensure that results for the two most recent rounds of full-shift
sampling remain below the action levels for arsenic and lead. This
condition ensures that KSW can maintain worker exposure levels below
the action levels for lead and arsenic, thereby providing them with a
safe and healthful workplace.
8. Submit the breathing-zone samples for lead and arsenic
particulates to an analytical laboratory that meets and complies with
the certification criteria of the American Industrial Hygiene
Association's Industrial Hygiene Proficiency Analytical Testing
Program.
This condition provides assurance that the laboratory is performing the
testing of breathing-zone samples in accordance with recognized
analytical standards to maintain the accuracy, reliability, and
reproducibility of the sampling results. Accurate, reliable, and
reproducible sampling results ensure that worker exposure
determinations are valid.
Biological Monitoring
9. Within 30 calendar days after workers perform a motor-cleaning
operation, conduct biological monitoring for blood-lead and zinc
protoporphyrin concentrations on every worker involved in that motor-
cleaning operation. Blood-lead sample analysis must be performed by a
laboratory licensed by the U.S. Centers for Disease Control and
Prevention (CDC), or a laboratory that obtained a satisfactory grade in
blood-lead proficiency testing from CDC within the prior 12 months and
has an accuracy (to a confidence level of 95 percent) within 15 percent
or 6 ug/100 ml, whichever is greater. This condition provides
information (in addition to exposure monitoring) regarding
worker exposure to lead particulates while involved in the crane motor-
cleaning operation, and demonstrates the effectiveness of the
alternative means of compliance. This condition also provides assurance
that the laboratory is performing the analysis of blood-lead samples in
accordance with recognized analytical standards to maintain the
accuracy, reliability, and reproducibility of the sampling results.
10. Ensure that blood-lead results remain at or below 40 [mu]g
lead/100 g whole blood. This condition supplements other conditions in
providing information on the effectiveness of the alternative means of
compliance, in addition to signaling the need to remove affected
workers from the crane motor-cleaning operations in accordance with 29
CFR 1910.1025(k) should the blood-lead results exceed 40 [mu]g lead/100
g whole blood.
11. Whenever KSW assigns a new worker to perform the crane motor-
cleaning operation, conduct biological monitoring of the worker prior
to the worker beginning the cleaning operation. This condition
establishes a baseline blood-lead level against which to compare
subsequent biological samples and, thereby, assess the effectiveness of
the alternative means of compliance.
12. Not assign any worker to the crane motor-cleaning operation who
declines to undergo the biological-monitoring procedures. This
condition prevents worker exposure to the motor-cleaning operation
without the benefit of biological monitoring to assess over-exposure to
lead particulates.
Notifications
13. Provide written notification to affected workers of the results
of their individual personal-exposure and biological-monitoring results
in accordance with the requirements of the arsenic and lead standards
(29 CFR 1910.1018(e)(5) and 29 CFR 1910.1025(d)(8)) within 15 working
days from receipt of the results. The information provided to the
affected workers will enable them to assess the effectiveness of the
alternative means of compliance, i.e., the adequacy of existing
controls or the need for additional controls.
14. Whenever (a) personal-exposure monitoring results are at or
above the action levels for lead (30 [mu]g/m\3\) or arsenic (5 [mu]g/
m\3\), or (b) blood-lead monitoring results are above 20 [mu]g lead/100
g whole blood, provide these results to OSHA's Peoria, IL, Area Office,
OSHA's Chicago, IL, Regional Office, and OSHA's Office of Technical
Programs and Coordination Activities within 15 working days of
receiving the results, along with a written plan describing how KSW
will reduce exposure levels or blood-lead levels. This condition will
ensure that OSHA remains informed regarding the effectiveness of the
alternative means of compliance, and will provide OSHA with an
opportunity to assess KSW's plan to reduce exposures to lead and
arsenic below the action levels for these substances. Under this
condition, OSHA also can evaluate KSW's progress in restoring the
effectiveness of the alternative means of compliance, and, if
necessary, revise the conditions or revoke the variance should KSW not
attain exposure levels below the action levels in a timely manner.
15. At least 15 calendar days prior to commencing any operation
that involves using compressed air to clean crane motors, inform OSHA's
Peoria, IL, Area Office and OSHA's Chicago, IL, Regional Office of the
date and time the operation will commence. This condition provides OSHA
with an opportunity to conduct on-site assessments of KSW's compliance
with the conditions of the variance, and to ascertain directly the
effectiveness of the alternative means of compliance.
16. Notify in writing OSHA's Office of Technical Programs and
Coordination Activities as soon as KSW knows that it will: (a) Cease to
do business; or (b) transfer the activities covered by the variance to
a successor company. This condition allows OSHA to determine whether to
revoke the variance or transfer the variance to the successor company.
Training
17. Implement the worker-training programs described in 29 CFR
1910.1018(o) and 29 CFR 1910.1025(l), including: (a) Initial training
of new workers prior to their beginning a crane motor-cleaning
operation; (b) yearly refresher training of all other workers involved
in crane motor-cleaning operations; (c) documentation of this training;
and (d) maintenance of the training records.\9\ This condition ensures
that workers are knowledgeable regarding the hazards and corresponding
hazard-control measures KSW implements to prevent worker exposure to
harmful levels of airborne lead and arsenic particulates while engaged
in the crane motor-cleaning. Training also provides workers with
information necessary for them to assess KSW's compliance with the
conditions of the variance and the effectiveness of the alternative
means of compliance.
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\9\ As described by KSW's Arsenic, Lead, &Cadmium Control
Program (see Exhibit 19).
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Miscellaneous Program Conditions
18. Implement the: (a) Respiratory Protection Program that meets
the requirements specified by 29 CFR 1910.134 and 29 CFR 1910.1025(f);
(b) provisions of KSW's Arsenic, Lead, &Cadmium Control Program; and
(c) provisions of the Safe Job Procedure. This condition ensures that
KSW will implement the programs and associated safe-work practices that
prevent worker exposure to harmful levels of airborne lead and arsenic
particulates while engaged in crane motor-cleaning operations, which
are necessary for the continued effectiveness of the alternative means
of compliance.
Monitoring Work Practices
19. Ensure that supervisors observe and enforce applicable safe-
work practices \10\ while workers are cleaning crane motors, document
these supervisor observations and enforcement activities, and maintain
these records. This condition ensures that affected workers implement
the required safe-work practices during crane-motors cleaning
operations. This condition will permit OSHA, KSW managers, workers, and
worker representatives to assess compliance with the conditions of the
variance and,therefore, determine the effectiveness of the alternative
means of compliance.
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\10\ Examples of safe-work practices include use of personal-
protective equipment (including respirators, gloves, protective
clothing) as defined by (a) KSW's Respiratory Protection Program;
(b) provisions of KSW's Arsenic, Lead, &Cadmium Control Program;
and (c) provisions of KSW's Safe Job Procedure.
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Record Retention and Availability
20. Retain any records generated under these conditions for a
minimum period of five years, unless an applicable OSHA standard
specifies a longer period,\11\ and make these records available to
OSHA, affected workers, and worker representatives on request. This
condition allows OSHA, KSW managers, workers, and worker
representatives to assess the effectiveness of the alternative means of
compliance over an extended period, and provides baseline measurements
against which to evaluate the effectiveness of subsequent revisions
made to the alternative means of compliance.
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\11\ For example, Sec. 1910.1025(n)(1)(iii) and (n)(2)(iv)
require employers to retain lead exposure-monitoring records and
medical records for at least 40 years or for the duration of
employment plus 20 years, whichever is longer.
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III. Grant of Interim Order
OSHA is granting KSW an interim order that will remain in effect
until the Agency makes a decision on KSW's application for a permanent
variance, or until the Agency modifies or revokes the interim order.
During this period, KSW must comply fully with the conditions of the
interim order as an alternative to complying with housekeeping
requirements specified by 29 CFR 1910.1025(h)(2) and 29 CFR
1910.1018(k)(2).
OSHA believes that an interim order is justified in this case. As
noted above in Section II.C ("Proposed Alternative to 29 CFR
1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2)") of this notice, the
applicant provided exposure and medical data and information
demonstrating that the proposed alternative means of compliance was as
effective as 29 CFR 1910.1025(h)(2) and 29 CFR 1910.1018(k)(2) in
protecting workers from exposure to lead and arsenic particulates
during crane-motor cleaning operations. In this regard, the personal-
exposure monitoring results were below the action levels mandated for
lead and arsenic exposure, and the medical-surveillance results,
including biological monitoring for blood lead and zinc protoporphyrin
concentrations, also were well below the allowable concentration of 40
[mu]g lead/100 g whole blood.
Based on its determination that the alternative means of compliance
proposed by KSW will protect workers from exposure to lead- and
arsenic-particulate hazards during crane-motor cleaning operations at
least as effectively as the requirements of 29 CFR 1910.1025(h)(2)(i)
and 29 CFR 1910.1018(k)(2), OSHA is granting an interim order to the
applicant pursuant to the provisions of 29 CFR 1905.11(c). Accordingly,
instead of complying with 29 CFR 1910.1025(h)(2)(i) and 29 CFR
1910.1018(k)(2), the applicant will: (1) Provide notice of this grant
of an interim order to the workers affected by the conditions of the
interim order using the same means it used to inform these workers of
its application for a permanent variance; and (2) comply with the
conditions listed below in Section IV ("Specific Conditions of the
Interim Order and the Application for a Permanent Variance") of this
notice for the period between the date of this Federal Register notice
and the date the Agency publishes its final decision on the application
in the Federal Register. The interim order will remain in effect
between the date of this Federal Register notice and the date the
Agency publishes its final decision on the application in the Federal
Register unless OSHA modifies or revokes it in accordance with the
requirements of 29 CFR 1905.13.
IV. Specific Conditions of the Interim Order and the Application for a
Permanent Variance
The following conditions apply to the interim order granted by OSHA
to Keystone Steel and Wire as part of its application for a permanent
variance described in this Federal Register notice. In addition, these
conditions specify the alternative means of compliance that the
applicant is proposing in its application for a permanent variance.
These conditions include: \12\
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\12\ In these conditions, the verb "must" applies to the
interim order, while the verb "would" pertains to the application
for a permanent variance.
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1. Scope
(a) The interim order/permanent variance applies/would apply only
at the applicant's melt shop when using compressed air to clean crane
motors during maintenance operations.
(b) Engineering controls and related conditions. The applicant
must/would:
(1) Use engineering controls (i.e., a compressed-air-vacuum-
containment (CAVC) system) that maintain negative pressure inside the
housing enclosing each crane motor when using compressed air to clean
crane motors to ensure that the vacuum-exhaust airflow leaving the
enclosure exceeds the inflow of compressed air by maintaining the
volume of compressed air below 5,000 cfm.
(2) Ensure that the:
(A) Exhaust air in the CAVC system passes through a high-efficiency
particulate air (HEPA) filtration system prior to discharge; and
(B) Filtered exhaust does not reenter the work areas inside the
plant.
(3) Ensure the continued effectiveness of the alternative means of
compliance by:
(A) Performing a pre-use or yearly inspection (whichever occurs
more frequently) of all equipment and components used in the cleaning
operations; \13\
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\13\ Examples of the equipment or components listed on the
checklist include: Air compressors; pressure regulators; gages;
compressed-air hoses; nozzle-pressure reducer; crane-motor
enclosures; flanges; vacuum-system operations, including the HEPA
filtration system and replacement of used filters; vacuum hoses; and
electric outlets and extension cords used during the cleaning
process.
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(B) Documenting such inspections using a checklist;
(C) Replacing or repairing all defective parts and components; and
(D) Maintaining records of inspections and corrective actions.
(4) Before implementing revisions to the motor-cleaning process,
modify the Safe Job Procedure accordingly, and inform affected workers
of the modifications.
(c) Exposure monitoring. The applicant must/would:
(1) Perform personal-exposure monitoring (i.e., breathing-zone
sampling) of the workers for lead and arsenic particulates during the
entire period they use compressed air to clean crane motors. For
multiple crane motor-cleaning operations during the same maintenance
cycle, perform such monitoring on at least two operations that are
representative of exposures for all affected workers performing
cleaning operations during the cycle.
(2) Conduct breathing-zone sampling of affected workers for the
entire work day (full shift) on days when workers use compressed air to
clean crane motors. The full-shift sampling must/would include separate
sampling during the crane motor-cleaning operation, as well as during
the remainder of the shift.
(3) Ensure that results for the two most recent rounds of full-
shift sampling remain below the action level for arsenic and lead.
(4) Submit the breathing-zone samples for lead and arsenic
particulates to an analytical laboratory that meets and complies with
the certification criteria of the American Industrial Hygiene
Association's Industrial Hygiene Proficiency Analytical Testing
Program.
(d) Biological monitoring. The applicant must/would:
(1) Within 30 calendar days after workers perform a motor-cleaning
operation, conduct biological monitoring for blood-lead and zinc
protoporphyrin concentrations on every worker involved in that motor-
cleaning operation. Blood-lead sample analysis must be performed by a
laboratory licensed by the U.S. Centers for Disease Control and
Prevention (CDC), or a laboratory that obtained a satisfactory grade in
blood-lead proficiency testing from CDC within the prior 12 months and
has an accuracy (to a confidence level of 95 percent) within 15 percent
or 6 ug/100 ml, whichever is greater.
(2) Ensure that blood-lead results remain at or below 40 [mu]g
lead/100 g whole blood.
(3) Whenever KSW assigns a new worker to perform the crane motor-
cleaning operation, conduct biological monitoring of the worker prior
to the worker beginning the cleaning operation.
(4) Not assign any worker to the crane motor-cleaning operation who
declines to undergo the biological-monitoring procedures.
(e) Notifications. The applicant must/would:
(1) Provide written notification to affected workers of the results
of their individual personal-exposure and biological-monitoring results
in accordance with the requirements of the arsenic and lead standards
(29 CFR 1910.1018(e)(5) and 29 CFR 1910.1025(d)(8)) within 15 working
days from receipt of the results.
(2) Whenever personal-exposure monitoring results are at or above
the action levels for lead (30 [mu]g/m\3\) or arsenic (5 [mu]g/m\3\),
or blood-lead monitoring results are above 20 [mu]g lead/100 g whole
blood, provide these results to OSHA's Peoria, IL, Area Office, OSHA's
Chicago, IL, Regional Office, and OSHA's Office of Technical Programs
and Coordination Activities within 15 working days of receiving the
results, along with a written plan describing how KSW will reduce
exposure levels or blood-lead levels.
(3) At least 15 calendar days prior to commencing any operation
that involves using compressed air to clean crane motors, inform OSHA's
Peoria, IL, Area Office and OSHA's Chicago, IL, Regional Office of the
date and time the operation will commence.
(4) Notify in writing OSHA's Office of Technical Programs and
Coordination Activities as soon as KSW knows that it will:
(A) Cease to do business; or
(B) Transfer the activities covered by the variance to a successor
company.
(f) Training. The applicant must/would implement the worker-
training programs described in 29 CFR 1910.1018(o) and 29 CFR
1910.1025(l), including:
(A) Initial training of new workers prior to their beginning a
crane motor-cleaning operation;
(B) Yearly refresher training of all other workers involved in
crane motor-cleaning operations;
(C) Documentation of this training; and
(D) Maintenance of the training records.\14\
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\14\ As described by KSW's Arsenic, Lead, &Cadmium Control
Program.
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(g) Miscellaneous program conditions. The applicant must/would
implement the:
(A) Respiratory Protection Program that meets the requirements
specified by 29 CFR 1910.134 and 29 CFR 1910.1025(f);
(B) Provisions of KSW's Arsenic, Lead, &Cadmium Control Program;
and
(C) Provisions of the Safe Job Procedure.
(g) Monitoring work practices. The applicant must/would ensure that
supervisors:
(1) Observe and enforce applicable safe-work practices \15\ while
workers are cleaning crane motors;
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\15\ Examples of safe-work practices include use of personal-
protective equipment (including respirators, gloves, protective
clothing) as defined by (a) KSW's Respiratory Protection Program;
(b) provisions of KSW's Arsenic, Lead, &Cadmium Control Program;
and (c) provisions of KSW's Safe Job Procedure.
---------------------------------------------------------------------------
(2) Document these supervisor observations and enforcement
activities; and
(3) Maintain these records.
(h) Record retention and availability. The applicant must/would:
(1) Retain any records generated under these conditions for a
minimum period of five years, unless an applicable OSHA standard
specifies a longer period;\16\ and
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\16\ For example, Sec. 1910.1025(n)(1)(iii) and (n)(2)(iv)
require employers to retain lead exposure-monitoring records and
medical records for at least 40 years or for the duration of
employment plus 20 years, whichever is longer.
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(2) Make these records available to OSHA, affected workers, and
worker representatives on request.
V. Authority and Signature
David Michaels, PhD, MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave., NW., Washington, DC, directed the preparation of
this notice. This notice is issued under the authority specified by
Section 6(d) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655), Secretary of Labor's Order No. 5-2007 (72 FR 31160), and
29 CFR part 1905.
Signed at Washington, DC on June 28, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-16070 Filed 6-30-10; 8:45 am]
BILLING CODE 4510-26-P
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