• Record Type:
    OSHA Instruction
  • Current Directive Number:
    CPL 02-00-035
  • Old Directive Number:
    CPL 2.35 CH-16
  • Title:
    Changes to the Standard Alleged Violation Elements (SAVEs) Manual for the Asbestos standard
  • Information Date:
  • Standard Number:
Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

U.S. Department of Labor Occupational Safety and Health Administration

Washington, D.C. 20210

Reply to the Attention of:

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

Subject: Changes to the Regulatory and General Industry Standard Alleged Violation Elements (SAVEs) Manual

A. Purpose. This instruction transmits revised and new pages to the Regulatory and General Industry SAVEs Manual for "Occupational Exposure to Asbestos, Tremolite, Anthophyllite, and Actinolite."

B. Scope. This instruction applies OSHA-wide.

C. Action. Regional Administrators and Area Directors shall ensure that all compliance personnel:

1. Make the following page changes to the Regulatory and General Industry (SAVEs) Manual:

Remove Pages Insert Pages

523-536 523-524
525 through 535.27
535.28 through 536
2. File a copy of this transmittal sheet behind OSHA Instruction CPL 2.35 CH-15 in the appropriate OSHA Directives System binder.

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

D. Background. Final rule and regulations for 29 CFR 1910.1001, Occupational Exposure to Asbestos, Tremolite, Anthophyllite, and Actinolite were published in the Federal Register, Vol. 51, No. 119, on June 20, 1986.

1. Corrections and Technical Amendments to the final rule were published in the Federal Register, Vol. 53, No. 178, pages 35610-35629 on September 14, 1988; Vol. 54, No. 243, pages 52024-52028 on December 20, 1989; and Vol. 55, No.24 on February 5, 1990.

E. State Plan States. Regional Administrators shall advise State designees of the action required by this instruction and encourage their participation in the SAVEs program.

Patricia K. Clark, Director Directorate of Compliance Programs

DISTRIBUTION: National, Regional, and Area Offices Compliance Officers State Designees Area Office Clericals 11(c)/405 Programs NIOSH Regional Program Directors

2

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(c)(1): The employer did not ensure that no employee was exposed to an airborne concentration of asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals in excess of 0.2 fiber per cubic centimeter of air as an eight (8)-hour time-weighted average (TWA) as determined by the method prescribed in Appendix A of this section or by an equivalent method:

(a) (LOCATION) IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(c)(2): The employer did not ensure that no employee is exposed to an airborne concentration of asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals, in excess of 1.0 fiber per cubic centimeter of air (1 f/cc) as averaged over a sampling period of thirty (30) minutes:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

3 29 CFR 1910.1001(d)(1)(i): Determinations of employee(s) were not made from breathing zone air samples that were representative of the 8-hour TWA and 30-minute short-term exposures of each employee:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBED TYPE OF ASBESTOS AND EXPOSURE LEVELS)

524
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

OPTION 1 1 29 CFR 1910.1001(d)(1)(ii): Representative 8-hour TWA employee exposures were not determined on the basis of one or more samples representing full-shift exposures for each shift for each employee in each job classification in each work area:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

OPTION 2 2 29 CFR 1910.1001(d)(1)(ii): Representative 30-minute short-term employee exposures were not determined on the basis of one or more samples representing 30 minute exposures associated with operations that are most likely to produce exposures above the excursion limits for each shift for each job classification in each work area:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

3 29 CFR 1910.1001(d)(2)(i): Each employer did not perform initial monitoring of employees who were, or could reasonably be expected to be exposed to airborne concentrations at or above the action level and/or excursion limits:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)
NOTE: When the employer does not fully comply with 29 CFR 1910.1001(d)(2)(ii) or 29 CFR 1910.1001(d)(2)(iii) the employer is in violation of 29 CFR 1910.1001(d)(2)(i).

525

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

OPTION 1 1 29 CFR 1910.1001(d)(3): Samples were not of such frequency and pattern as to represent with reasonable accuracy the levels of exposure of the employees:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

OPTION 2 2 29 CFR 1910.1001(d)(3): Sampling was at intervals greater than six months for employees whose exposure could reasonably be foreseen to exceed the action level and/or excursion limits:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

3 29 CFR 1910.1001(d)(5): Notwithstanding the provisions of 29 CFR 1910.1001(d)(2)(ii) and 29 CFR 1910.1001 (d)(4), the employer did not institute the exposure monitoring required whenever there was a change in production, process, control equipment, personnel or work practices that may result in new or additional exposures above the action level and/or excursion limits or when the employer had reason to suspect that a change could have resulted in new or additional exposures above the action level and/or excursion limits:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

4 29 CFR 1910.1001(d)(6)(i): All samples taken to satisfy the monitoring requirements of 29 CFR 1910.1001(d) were not personal samples collected following the procedures specified in Appendix A:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

526
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(d)(6)(ii): All samples taken to satisfy the monitoring requirements of 29 CFR 1910.1001(d) were not evaluated using the OSHA Reference Method (ORM) specified in Appendix A, or an equivalent counting method:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(d)(6)(iii)(A): The employer using an equivalent method to the ORM did not ensure that the replicate exposure data used to establish equivalency was collected in side-by-side field and laboratory comparisons:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

3 29 CFR 1910.1001(d)(6)(iii)(B): The employee using an equivalent method to the ORM did not ensure that comparison indicated that 90% of the samples collected in the range 0.5 to 2.0 times the permissible limit had an accuracy range of plus or minus 25 percent of the ORM results with a 95% confidence level as demonstrated by a statistically valid protocol:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

4 29 CFR 1910.1001(d)(6)(iii)(C): The equivalent method of documentation developed by the employer and/or results of the comparison testing was not maintained:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

527

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(d)(6)(iv): The employer did not use the results of monitoring analysis performed by laboratories which had instituted quality assurance programs that included the elements as prescribed in Appendix A:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(d)(7)(i): The employer did not, within 15 working days after receipt of the results of any monitoring performed under the standard, notify the affected employees of these results in writing either individually or by posting of results in an appropriate location that was accessible to the affected employees:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

3 29 CFR 1910.1001(d)(7)(ii): The written notification required by 29 CFR 1910.1001(d)(7)(i) did not contain the corrective action being taken by the employer to reduce employee exposure to or below the PELs, whenever monitoring results indicated the 8-hour TWA and/or the excursion limits had been exceeded:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

4 29 CFR 1910.1001(e)(1): The employer did not establish regulated areas wherever airborne concentrations of asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals were in excess of the 8-hour TWA and/or excursion limits prescribed in 29 CFR 1910.1001(c):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

528
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(e)(2): Regulated areas were not demarcated from the rest of the workplace in any manner that minimized the number of persons who would be exposed to asbestos, tremolite, anthophyllite, or actinolite:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(e)(3): Access to regulated areas was not limited to authorized persons or to persons authorized by the Act or regulations issued pursuant thereto:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

3 29 CFR 1910.1001(e)(4): Each person entering a regulated area was not supplied with and required to use a respirator, selected in accordance with 29 CFR 1910.1001(g)(2):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

4 29 CFR 1910.1001(e)(5): The employer did not ensure that employees did not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in the regulated areas:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

529

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(f)(l)(i): The employer did not institute engineering and work practices to reduce and maintain employee exposure to or below the exposure limits prescribed in 29 CFR 1910.1001(c), except to the extent that such controls was not feasible:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(f)(l)(ii): Wherever the feasible engineering controls and work practices that could be instituted were not sufficient to reduce employee exposure to or below the permissible exposure limits prescribed in 29 CFR 1910.1001(c), the employer did not use them to reduce employee exposure to the lowest levels achievable by these controls and/or did not supplement them by the use of the respiratory protection that complied with the requirements of 29 CFR 1910.1001(g):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

530
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(f)(l)(iii): For the following operations, wherever feasible engineering controls and work practices that could be instituted were not sufficient to reduce the employee exposure to or below the permissible exposure limits prescribed in 29 CFR 1910.1001(c), the employer did not use them to reduce employee exposure to or below 0.5 fiber per cubic centimeter of air (as an eight-hour time-weighted average) or 2.5 fibers/cc for 30 minutes (short-term exposure) and did not supplement them by the use of any combination of respiratory protection that complied with the requirements of 29 CFR 1910.1001(g), work practices and feasible engineering controls that would reduce employee exposure to or below the permissible exposure limits prescribed in 29 CFR 1910.1001(c):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)
NOTE: Consult standard 29 CFR 1910.1001 (f)(l)(iii)) to determine which specific operations are correct.

2 29 CFR 1910.1001(f)(l)(iv): Local exhaust ventilation and dust collection systems were not designed, constructed, installed, and maintained in accordance with good practices such as those found in the American National Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems, ANSI Z9.2-1979:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

531

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(f)(l)(v): All hand-operated and power-operated tools which would produce or release fibers of asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals so as to expose employees to levels in excess of the exposure limits prescribed in 29 CFR 1910.1001(c), such as, but not limited to, saws, scorers, abrasive wheels, and drills, were not provided with local exhaust ventilation systems which complied with 29 CFR 1910.1001(f)(l)(iv):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(f)(l)(vi): Insofar as practicable, asbestos, tremolite, anthophyllite, or actinolite was not handled, mixed, applied, removed, cut, scored, or otherwise worked in a wet state sufficient to prevent the emission of airborne fibers which exposed employees to levels in excess of the exposure limits prescribed in 29 CFR 1910.1001(c), where the usefulness of the product would not be diminished thereby:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

532
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(f)(1)(viii): Asbestos cement, mortar, coating, grout, plaster or similar material containing asbestos, tremolite, anthophyllite, or actinolite was not removed from bags, cartons, or other containers in which they are shipped without being either wetted, or enclosed, or ventilated so as to prevent effectively the release of airborne fibers of asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals so as to expose employees to levels in excess of the limits prescribed in 29 CFR 1910.1001(c):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(f)(1)(ix): Compressed air was used to remove asbestos, tremolite, anthophyllite,or actinolite or materials containing asbestos, tremolite, anthophyllite,or actinolite, where the compressed air was not used in conjunction with a ventilation system designed to capture the dust cloud created by the compressed air:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

533

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(f)(2)(i): Where the PELs were exceeded, the employer did not establish and implement a written program to reduce employee exposure to or below the TWA and/or below the excursion limits by means of engineering and work practice controls as required by 29 CFR 1910.1001(f)(1), and did not use respiratory protection where required or permitted under this section:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(f)(2)(ii): Written program was not reviewed and updated as necessary to reflect significant changes in the status of the employer's compliance program:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

3 29 CFR 1910.1001(f)(2)(iii): Written program was not submitted upon request for examination and copying to the affected employees and designated employee representatives:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

4 29 CFR 1910.1001(f)(2)(iv): The employer used employee rotation as a means of compliance with the TWA and/or excursion limits:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

534
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance
29 CFR 1910.1001(g)(1): The employer did not provide respirators, and ensure that they were used, where required by this section:
(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(g)(1)(i): Respirators were not provided and used where required during the interval necessary to install or implement feasible engineering and work practice controls:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

3 29 CFR 1910.1001(g)(1)(ii): Respirators were not provided and used where required in work operations, such as maintenance and repair activities, or other activities for which engineering and work practice controls were not feasible:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

4 29 CFR 1910.1001(g)(1)(iii): Respirators were not provided and used in work situations where feasible engineering and work practice controls were not yet sufficient to reduce exposure to or below the exposure limits:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

535

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(g)(1)(iv): The employer did not provide respirators, and ensure that they were used, where required in emergencies:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

OPTION 1 2 29 CFR 1910.1001(g)(2)(i): Where respirators were required, the employer did not select and provide, at no cost to the employee, the appropriate respirator as specified in Table 1:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

OPTION 2 3 29 CFR 1910.1001(g)(2)(i): The employer did not select respirators from among those jointly approved as being acceptable for protection by the Mine Safety and Health Administration (MSHA) and the National Institute for Occupational Safety and Health (NIOSH) under the provisions of 30 CFR Part 11:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

535.1
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(g)(2)(ii)(A): The employer did not provide a powered air-purifying respirator in lieu of any negative pressure respirator specified in Table 1 when an employee chose to use this type of respirator:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(g)(2)(ii)(B): The employer did not provide a powered air-purifying respirator in lieu of any negative pressure respirator specified in Table 1 whenever this respirator would provide adequate protection to the employee:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

3 29 CFR 1910.1001(g)(3)(i): Where respiratory protection was required, the employer did not institute a respirator program in accordance with 29 CFR 1910.134(b), (d), (e), and (f):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

OPTION 1 4 29 CFR 1910.1001(g)(3)(ii): The employer did not permit each employee who uses a filter respirator to change the filter elements whenever an increase in breathing resistance was detected:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

535.2

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

OPTION 2 1 29 CFR 1910.1001(g)(3)(ii): The employer did not maintain an adequate supply of filter elements for the employee's use:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS) 2 29 CFR 1910.1001(g)(3)(iii): Employees who wore respirators were not permitted to leave the regulated area to wash their faces and respirator facepieces whenever necessary to prevent skin irritation associated with respirator use:
(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

OPTION 1 3 29 CFR 1910.1001(g)(3)(iv): The employee was assigned to tasks requiring the use of a respirator when, based on his or her most recent examination, an examining physician had determined that the employee would be unable to function normally wearing a respirator, or that the safety or health of the employee or other employees would be impaired by the use of a respirator:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

535.3
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

OPTION 2 1 29 CFR 1910.1001(g)(3)(iv): The employee found by an examining physician to be unable to wear a respirator was not assigned to another job or given the opportunity to transfer to a different position whose duties he or she was able to perform with the same employer, in the same geographical area and with the same seniority, status, and rate of pay the employee had just prior to such transfer.

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(g)(4)(i): The employer did not ensure that the respirator issued to the employee exhibited the least possible facepiece leakage and that the respirator was fitted properly:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

OPTION 1 3 29 CFR 1910.1001(g)(4)(ii): For each employee wearing a negative pressure respirator, the employer did not perform either quantitative or qualitative face fit tests at the time of initial fitting and at least every six months thereafter:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

OPTION 2 4 29 CFR 1910.1001(g)(4)(ii): The qualitative fit tests were used for testing the fit of half-mask respirators where they were permitted to be worn, and tests were not conducted in accordance with Appendix C:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

535.4

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(h)(1): Where an employee was exposed to asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals above the TWA and/or the excursion limits, or where the possibility of eye irritation exists, the employer did not provide at no cost to the employee and ensure that the employee used appropriate protective work clothing and equipment:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(h)(1)(i): Coveralls or similar full-body work clothing were not provided by the employer for employees protection when required:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

3 29 CFR 1910.1001(h)(1)(ii): Gloves, head coverings and foot coverings were not provided by the employer for employee's protection when required:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

4 29 CFR 1910.1001(h)(1)(iii): Face shields, vented goggles, or other appropriate protective equipment provided by the employer to employees did not meet the requirements of 29 CFR 1910.133:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

535.5
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(h)(2)(i): The employer did not ensure that employees removed work clothing contaminated with asbestos, tremolite, anthophyllite, or actinolite only in change rooms provided in accordance with 29 CFR 1910.1001(i)(1):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(h)(2)(ii): The employer did not ensure that no employee took contaminated work clothing out of the change room, except those employees authorized to do so for the purpose of laundering, maintenance, or disposal:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

3 29 CFR 1910.1001(h)(2)(iii): Contaminated work clothing was not placed and stored in closed containers which prevented dispersion of the asbestos, tremolite, anthophyllite and actinolite outside the container:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

535.6

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(h)(2)(iv): Containers of contaminated protective devices or work clothing which were to be taken out of change rooms or the workplace for cleaning, maintenance, or disposal did not bear labels in accordance with 29 CFR 1910.1001(j)(2):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

OPTION 1 2 29 CFR 1910.1001(h)(3)(i): The employer did not clean, launder, repair, or replace protective clothing and equipment required to maintain their effectiveness:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

OPTION 2 3 29 CFR 1910.1001(h)(3)(i): The employer did not provide clean protective clothing and equipment at least weekly to each affected employee:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

4 29 CFR 1910.1001(h)(3)(ii): The employer did not prohibit the removal of asbestos, tremolite, anthophyllite, and actinolite from protective clothing by blowing or shaking:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

535.7
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(h)(3)(iii): Laundering of contaminated clothing was not done so as to prevent the release of airborne fibers of asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals in excess of the permissible exposure limit prescribed in 29 CFR 1910.1001(c):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(h)(3)(iv): The employer gave contaminated clothing to another person for laundering and did not inform the person of the requirement in 29 CFR 1910.1001(h)(3)(iii) to effectively prevent the release of airborne fibers of asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals in excess of the permissible exposure limits:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

3 29 CFR 1910.1001(h)(3)(v): The employer did not inform the person who launders or cleans protective clothing or equipment contaminated with asbestos, tremolite, anthophyllite, actinolite, of the potentially harmful effects of exposure to asbestos, tremolite, anthophyllite, or actinolite:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

535.8

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(h)(3)(vi): Contaminated clothing was not transported in sealed impermeable bags, or other closed, impermeable containers, and labeled in accordance with 29 CFR 1910.1001(j):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(i)(1)(i): The employer did not provide clean change rooms for employees who worked in areas where their airborne exposure to asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals was above the TWA and/or excursion limits:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

OPTION 1 3 29 CFR 1910.1001(i)(1)(ii): The employer did not ensure that change rooms were in accordance with 29 CFR 1910.141(e):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

535.9
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

OPTION 2 1 29 CFR 1910.1001(i)(1)(ii): The employer did not ensure that change rooms were equipped with two separate lockers or storage facilities, so separated as to prevent contamination of the employee's street clothes from his protective work clothing and equipment:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(i)(2)(i): The employer did not ensure that employees who worked in areas where their airborne exposure was above the TWA and/or excursion limit shower at the end of the work shift:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

3 29 CFR 1910.1001(i)(2)(ii): The employer did not provide shower facilities which complied with 29 CFR 1910.141(d)(3):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

4 29 CFR 1910.1001(i)(2)(iii): The employer did not ensure that employees who were required to shower pursuant to 29 CFR 1910.1001(i)(2)(i) did not leave the workplace wearing any clothing or equipment worn during the work shift:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

535.10

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(i)(3)(i): The employer did not provide lunchroom facilities for employees who work in areas where their airborne exposure was above the TWA and/or excursion limit:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(i)(3)(ii): The employer did not ensure that lunchroom facilities had a positive pressure, filtered air supply, and were readily accessible to employees:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

3 29 CFR 1910.1001(i)(3)(iii): The employer did not ensure that employees who worked in areas where their airborne exposure was above the TWA and/or excursion limit washed their hands and faces prior to eating, drinking or smoking:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

535.11
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(i)(3)(iv): The employer did not ensure that employees did not enter lunchroom facilities with protective work clothing or equipment unless surface asbestos, tremolite, anthophyllite, and actinolite fibers had been removed from the clothing or equipment by vacuuming or other methods that removed dust without causing the asbestos, tremolite, anthophyllite or actinolite to become airborne.

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(i)(4): The employer did not ensure that employees do not smoke in work areas where they are occupationally exposed to asbestos because of activities in that work area:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

OPTION 1 3 29 CFR 1910.1001(j)(1)(i): Warning signs were not provided and displayed at each regulated area:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

OPTION 2 4 29 CFR 1910.1001(j)(1)(i): Warning signs were not posted at all approaches to the regulated area so that an employee could read the signs and could take necessary protective steps before entering the area:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

535.12

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(j)(1)(ii): The warning signs required by 29 CFR 1910.1001(j)(1)(i) did not bear the following information:

DANGER ASBESTOS CANCER AND LUNG DISEASE HAZARD AUTHORIZED PERSONNEL ONLY RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA
(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.1001(j)(1)(iv): The employer did not ensure that employees working in and contiguous to regulated areas comprehended the warning signs required to be posted by 29 CFR 1910.1001(j)(1)(i):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS)
NOTE: Means to ensure employee comprehension may include the use of foreign languages, pictographs and graphics.

3 29 CFR 1910.1001(j)(2)(i): Warning labels were not affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing asbestos, tremolite, anthophyllite, or actinolite fibers, or to their containers:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

535.13
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(j)(2)(ii): The labels did not comply with the requirements of 29 CFR 1910.1200(f) of OSHA's Hazard Communication Standard and did not include the following information:

DANGER CONTAINS ASBESTOS FIBERS AVOID CREATING DUST CANCER AND LUNG DISEASE HAZARD
(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(j)(3): Employers who are manufacturers or importers of asbestos, tremolite, anthophyllite, or actinolite or asbestos, tremolite, anthophyllite, or actinolite products, did not comply with the requirements regarding development of material safety data sheets as specified in 29 CFR 1910.1200(g) of OSHA's Hazard Communication Standard, except as provided by 29 CFR 1910.1001(j)(4):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)
NOTE: The exception as provided by 29 CFR 1910.1001(j)(4) before citing this standard.

3 29 CFR 1910.1001(j)(5)(i): The employer did not institute a training program for all employees who were exposed to airborne concentrations of asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals at or above the action level and/or excursion limit:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

535.14

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(j)(5)(ii): Training was not provided prior to or at the time of initial assignment and at least annually thereafter:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

OPTION 1 2 29 CFR 1910.1001(j)(5)(iii): The training program was not conducted in a manner which the employee was able to understand:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

3 29 CFR 1910.1001(j)(5)(iii) * : The employer did not ensure that each employee was informed of: (** ENTER APPROPRIATE OPTION):

* Insert the appropriate subparagraph A-H
** Insert the appropriate statement for each OPTION
(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)
     OPTION 2
          (A)  The health effects associated with asbestos,
               tremolite, anthophyllite, or actinolite
               exposure:
     OPTION 3
          (B)  The relationship between smoking and exposure
               to asbestos, tremolite, anthophyllite, and
               actinolite in producing lung cancer:
NOTE: OPTION 4 (C) THROUGH OPTION 9 (H) CONTINUED ON NEXT PAGE

535.15
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance OPTION 4 (C) The quantity, location, manner of use, release, and storage of asbestos, tremolite, anthophyllite, or actinolite and the specific nature of operations which could result in exposure to asbestos, tremolite, anthophyllite, or actinolite:
     OPTION 5
          (D)  The engineering controls and work practices
               associated with the employees job assignment:
     OPTION 6
          (E)  The specific procedures implemented to
               protect employees from exposure:
     OPTION 7
          (F)  The purpose, proper use, and limitations of
               respirators and protective clothing:
     OPTION 8
          (G)  The purpose and a description of the medical
               surveillance program required by 29 CFR
               1910.1001(1):
     OPTION 9
          (H)  The content of this standard, including
               appendices:
NOTE: OPTION 10 (I) AND OPTION 11 (J) CONTINUED ON NEXT PAGE

535.16

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

     OPTION 10
          (I)  The name, addresses and phone numbers of
               public health organizations which provide
               information, materials, and/or conduct
               programs concerning smoking cessation:
     OPTION 11
          (J)  The requirements for posting signs and
               affixing labels and the meaning of required
               legends for such signs and labels:
NOTE: The employer may distribute the list of such organizations contained in Appendix I, to comply with this requirement.

535.17
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(j)(5)(iv)(A): The employer did not make a copy of this standard and its appendices readily available without cost to all affected employees:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

OPTION 1 2 29 CFR 1910.1001(j)(5)(iv)(C): The employer did not inform all employees concerning the availability of self-help smoking cessation program materials:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 3 29 CFR 1910.1001(j)(5)(iv)(C): Upon employee request, the employer did not distribute such materials, consisting of NIH Publication No.89-1647, or equivalent self-help materials, which is approved or published by a public health organization listed in Appendix I:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.1001(k)(1): All surfaces were not maintained as free as practicable of accumulations of dusts and waste containing asbestos, tremolite, anthophyllite, or actinolite:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

5 29 CFR 1910.1001(k)(2): All spills and sudden releases of material containing asbestos, tremolite, anthophyllite, or actinolite were not cleaned up as soon as possible:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

535.18

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(k)(3): Surfaces contaminated with asbestos, tremolite, anthophyllite, or actinolite were being cleaned by the use of compressed air:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

OPTION 1 2 29 CFR 1910.1001(k)(4): HEPA-filtered vacuuming equipment was not used for vacuuming:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS, EXPOSURE LEVELS, AND EQUIPMENT)

OPTION 2 3 29 CFR 1910.1001(k)(4): The equipment was not used and emptied in a manner which minimized the reentry of asbestos, tremolite, anthophyllite, or actinolite into the workplace:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS, AND EXPOSURE LEVELS)

4 29 CFR 1910.1001(k)(5): Shoveling, dry sweeping and dry clean-up of asbestos, tremolite, anthophyllite, or actinolite was not prohibited where vacuuming and/or wet cleaning was feasible:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS INCLUDING METHOD USED TO REMOVE THE ASBESTOS)

535.19
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(k)(6): Waste, scrap, debris, bags, containers equipment, and clothing contaminated with asbestos, tremolite, anthophyllite, or actinolite consigned for disposal, were not collected and disposed of in sealed impermeable bags, or other closed, impermeable containers:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

2 29 CFR 1910.1001(l)(1)(i): The employer did not institute a medical surveillance program for all employees who were or would be exposed to airborne concentrations of fibers of asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals at or above the action level and/or excursion limit:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE TYPE OF ASBESTOS AND EXPOSURE LEVELS)

OPTION 1 3 29 CFR 1910.1001(l)(1)(ii)(A): The employer did not ensure that all medical examinations and procedures were performed by or under the supervision of a licensed physician:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

OPTION 2 4 29 CFR 1910.1001(l)(1)(ii)(A): Medical examinations were not provided without cost to the employee and at a reasonable time and place:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

535.20

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(l)(1)(ii)(B): Persons other than licensed physicians, who administered the pulmonary function testing required by this section, did not complete a training course in spirometry sponsored by an appropriate academic or professional institution:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

2 29 CFR 1910.1001(l)(2)(i): Before an employee was assigned to an occupation exposed to airborne concentrations of asbestos, tremolite, anthophyllite, actinolite fibers, a preplacement medical examination was not provided or made available by the employer:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

3 29 CFR 1910.1001(l)(2)(ii): A preplacement medical examination did not include, as a minimum, a medical and work history; a complete physical examination of all systems with emphasis on the respiratory system; the cardiovascular system and digestive tract; completion of the respiratory disease standardized questionnaire required by Appendix D, Part 1, and/or Appendix E of this section:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)(DESCRIBE WHAT WAS LACKING IN THE PREPLACEMENT MEDICAL EXAMINATION)

4 29 CFR 1910.1001(l)(3)(i): Periodic medical examinations were not made available annually:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

535.21
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(l)(4)(i): The employer did not provide or make available a termination of employment medical examination for any employee who was exposed to airborne concentrations of fibers, asbestos, tremolite, anthophyllite, actinolite, or a combination of these minerals at or above the action level and/or excursion limit:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

2 29 CFR 1910.1001(l)(6): The employer did not provide to the examining physician all the elements listed in 29 CFR 1910.1001(l)(6)(i) through 29 CFR 1910.1001 (l)(6)(v):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (IDENTIFY MISSING ELEMENT(S))

3 29 CFR 1910.1001(l)(7)(i): The employer did not obtain a written signed opinion covering all the elements listed in 29 CFR 1910.1001(l)(7)(i)(A) through 29 CFR 1910.1001(l)(7)(i)(C) from the examining physician:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (IDENTIFY WHAT ELEMENT(S) LACKING IN THE SIGNED PHYSICIAN OPINION)

4 29 CFR 1910.1001(l)(7)(iii): The employer did not provide a copy of the physician's written opinion to the affected employee within 30 days from its receipt:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

535.22

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(m)(1)(i): The employer did not keep an accurate record of all measurements taken to monitor employee exposure to asbestos, tremolite, anthophyllite or actinolite as prescribed in 29 CFR 1910.1001(d):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE WHY RECORD WAS INACCURATE)

2 29 CFR 1910.1001(m)(1)(ii)(A): The employer did not keep an accurate record of the date of measurements taken to monitor employee exposure to asbestos, tremolite, anthophyllite or actinolite as prescribed in 29 CFR 1910.1001(d):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

3 29 CFR 1910.1001(m)(1)(ii)(B): The employer did not keep an accurate record of all measurements taken to monitor employee exposure which included the operation involving exposure to asbestos, tremolite, anthophyllite or actinolite which was being monitored:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

4 29 CFR 1910.1001(m)(1)(ii)(C): The employer did not keep an accurate record of all measurements taken to monitor employee exposure to asbestos, tremolite, anthophyllite or actinolite as prescribed in 29 CFR 1910.1001(d) which included the sampling and analytical methods used and evidence of their accuracy:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

535.23
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(m)(1)(ii)(D): The employer did not keep an accurate record of all measurements to monitor employee exposure to asbestos, tremolite, anthophyllite or actinolite as prescribed in 29 CFR 1910.1001(d) which included the number, duration, and results of samples taken:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

2 29 CFR 1910.1001(m)(1)(ii)(E): The employer did not keep an accurate record of all measurements to monitor employee exposure to asbestos, tremolite, anthophyllite, or actinolite as prescribed in 29 CFR 1910.1001(d) which included the type of respiratory protective device worn, if any:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

3 29 CFR 1910.1001(m)(1)(ii)(F): The employer did not keep an accurate record of measurements taken to monitor employee exposure to asbestos, tremolite, anthophyllite, or actinolite as prescribed in 29 CFR 1910.1001(d) which included the name, social security number and exposure of the employees, whose exposure was represented:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

535.24

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(m)(1)(iii): The employer did not maintain records of employee exposure to asbestos, tremolite, anthophyllite or actinolite for at least thirty (30) years, in accordance with 29 CFR 1910.20:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

2 29 CFR 1910.1001(m)(2)(i): The employer did not establish and maintain an accurate record of objective data reasonably relied upon in support of the processing, use, or handling of products made from or containing asbestos, tremolite, anthophyllite or actinolite is exempted from other requirements of this section under 29 CFR 1910.1001(d)(2)(iii):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE WHAT WAS LACKING IN THE EXEMPTION REQUIREMENTS)
NOTE: If the employer does not successfully comply with exempted requirements of 29 CFR 1910.1001(d)(2)(iii) there may be a violation to 29 CFR 1910.1001(d)(2)(i) existing.

535.25
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(m)(2)(ii)(A): The employer did not establish and maintain an accurate record of objective data reasonably relied upon in support of exemption which included the product qualifying for exemption under 29 CFR 1910.1001(m)(2)(i):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE WHAT WAS LACKING IN THE EXEMPTION REQUIREMENTS)

2 29 CFR 1910.1001(m)(2)(ii)(B): The employer did not establish and maintain an accurate record of objective data reasonably relied upon in support of the exemption which included the source of the objective data under 29 CFR 1910.1001(m)(2)(i):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS) (DESCRIBE WHAT WAS LACKING IN THE EXEMPTION DATA)

3 29 CFR 1910.1001(m)(3)(ii)(A): The employer did not establish and maintain an accurate record which included the name and social security number of each employee subject to medical surveillance by 29 CFR 1910.1001(l)(1)(i) in accordance with 29 CFR 1910.20:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

4 29 CFR 1910.1001(m)(3)(ii)(B): The employer did not establish and maintain an accurate record which included the physicians written opinions of each employee subject to medical surveillance by 29 CFR 1910.1001(l)(1)(i) in accordance with 29 CFR 1910.20:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

535.26

OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(m)(3)(ii)(C): The employer did not establish and maintain an accurate record which included any employee medical complaints related to exposure to asbestos, tremolite, anthophyllite, or actinolite of each employee subject to medical surveillance by 29 CFR 1910.1001(1)(1)(i) in accordance with 29 CFR 1910.20:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

2 29 CFR 1910.1001(m)(4): The employer did not maintain all employee training records for one (1) year beyond the last date of employment of that employee:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

3 29 CFR 1910.1001(m)(5)(ii): The employer, upon request, did not make exposure records required by 29 CFR 1910.1001(m)(1) available for examination and copying to affected employees, former employees, and designated representatives in accordance with 29 CFR 1910.20(a)-(e) and (g)-(i):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

4 29 CFR 1910.1001(m)(5)(iii): The employer, upon request, did not make employee medical records required by 29 CFR 1910.1001(m)(2) available for examination and copying to the subject employee, to anyone having the specific written consent of the subject employee, in accordance with 29 CFR 1910:20:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

535.27
OSHA Instruction CPL 2.35 CH-16 FEB 28 1991 Office of General Industry Compliance Assistance

1 29 CFR 1910.1001(m)(6)(i): The employer did not comply with the requirements concerning transfer of records set forth in 29 CFR 1910.20(h):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)

2 29 CFR 1910.1001(n)(1): The employer did not provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to asbestos, tremolite, anthophyllite, or actinolite conducted in accordance with 29 CFR 1910.1001(d):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR DEPARTMENTS)
535.28


Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.