• Publication Date:
  • Publication Type:
    Final Rule
  • Fed Register #:
  • Standard Number:
  • Title:
    Occupational Exposure to Asbestos, Tremolite, Anthophyllite and Actinolite; Removal of Ban on Spraying Asbestos Containing Materials;Partial Response to Court Remand
This document constitutes OSHA's response on three of nine issues
which were remanded to OSHA by the U.S. Court of Appeals for the
District of Columbia after publication (6/20/86) of the revised
standards governing occupational exposure to asbestos in general
industry and construction. On 2/2/88 the Court upheld the standard
in most respects but remanded the case to OSHA on several issues. In
partial response, OSHA issued a short term exposure limit for
asbestos of 1 f/cc averaged over a sampling period of 30 minutes
(9/14/88). In 1989, the AFL-CIO petioned the Court to order OSHA to
resolve all remand issues on the record of the 1986 rulemakng
proceeding. The Court ordered OSHA to take action on 3 of the issues
by 12/14/89 and the remaining issues by January and February 1990.
OSHA is therefore, (1) removing the ban on the spraying of
asbestos-containing materials; (2) changing the regulatory text to
clarify when construction employers must resume periodic monitoring;
and (3) explaining why OSHA is not amending the regulatory text at
this time to clarify the limited exemption (from negative pressure
enclosure requirements) for "small- scale, short-duration
operations" in the construction industry standard. OSHA intends to
publish a notice of its resolution of another 3 remand issues by
1/18/90, and a notice of proposed rulemaking for the remaining 3 by
2/27/90. Amendments to the standard will become effective January
19, 1990. For information contact James Foster, (202) 523-8151.