[Federal Register: October 13, 2010 (Volume 75, Number 197)][Notices]
[Page 62874-62879]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13oc10-91]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2010-0011]
Keystone Steel and Wire Company; Grant of a Permanent Variance
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Notice of a grant of a permanent variance.
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SUMMARY: This notice announces the grant of a permanent variance to
Keystone Steel and Wire Company. The permanent variance addresses the
provisions 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. As an alternative to complying with
these provisions, Keystone Steel and Wire Company may instead comply
with the conditions listed in this grant; these alternative conditions
regulate the use of compressed air in combination with a vacuum-
containment system to remove particulates containing lead and arsenic
from inside crane-motor housings during periodic maintenance
operations. Accordingly, OSHA finds that these alternative conditions
protect workers at least as well as the requirements specified by 29
CFR 1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2). This permanent
variance applies only in Federal OSHA enforcement jurisdictions.
DATES: The effective date of the permanent variance is October 13,
2010.
FOR FURTHER INFORMATION CONTACT: General information and press
inquiries. For general information and press inquiries about this
notice, contact MaryAnn Garrahan, Acting 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 Stefan Weisz, 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.gov. Electronic copies
of this notice, as well as news releases and other relevant
information, are available on OSHA's Web site at http://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Keystone Steel and Wire Company (hereafter, "KSW"), 7000 S. 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)") for a permanent variance, and
for an interim order pending a decision on the application for a
variance, from the safety standards prescribed in 29 CFR
1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2). The Agency published
KSW's variance application and a grant for an interim order in the
Federal Register on July 1, 2010 (75 FR 38130).
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\1\ This address also is the place of employment described in
the application.
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KSW 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.\2\ 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.
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\2\ 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.
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As an alternative to complying with the housekeeping requirements
specified by 29 CFR 1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2), KSW
proposed 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, 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. 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.
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.
3. KSW developed and implemented a Respiratory Protection Program
designed to meet the requirements specified by 29 CFR 1910.134, 29 CFR
1910.1025(f), and 29 CFR 1910.1018(h).
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.
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).
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.
In addition to the CACV, KSW proposed 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 cubic feet per minute. 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; \3\ (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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\3\ 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 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 a separate
sampling for the crane motor-cleaning operation, and a separate
sampling for the portion of the shift that does not involve motor
cleaning. 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 [mu]g/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. KSW will 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), 29 CFR 1910.1018(n)(6)(iii), 29 CFR
1910.1025(d)(8) and 29 CFR 1910.1025(j)(3)(v)(A)(4)) 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.\4\ 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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\4\ 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
\5\ the requirements specified by 29 CFR 1910.134, 29 CFR 1910.1025(f),
and 29 CFR 1910.1018(h); (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.
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\5\ The term "meets" means that the Respiratory Protection
Program must meet the requirements of 29 CFR 1910.134 and 29 CFR
1910.1025(f), not that OSHA determined that the program meets these
requirements.
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Monitoring Work Practices
19. Ensure that supervisors observe and enforce applicable safe-
work practices \6\ 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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\6\ 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,\7\ 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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\7\ 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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II. Variance From 29 CFR 1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2)
KSW 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
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.
As an alternative to complying with housekeeping requirements as
specified by 29 CFR 1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2), KSW
proposed to use compressed air supplemented by a vacuum-containment
system discussed in section I ("Background") of this notice to
perform cleaning of crane-motor housings. KSW asserted that use of the
proposed compressed air supplemented by a vacuum-containment system
protected its workers as least as effectively as the housekeeping
requirements of 29 CFR 1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2).
III. Comments on the Variance Application
The Federal Register notice (75 FR 38130) invited interested
parties, including KSW and affected employees, to submit written data,
views, and arguments regarding the grant or denial of the variance
application submitted by
KSW. In addition, the Federal Register notice notified KSW and affected
employees of their right to request a hearing on the application for a
variance. OSHA received no comments on the variance application, nor
did it receive any requests for a hearing.
IV. Decision
Keystone Steel and Wire Company 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. Paragraph (h)(2)(i) of 29 CFR
1910.1025 states that employers cannot use compressed air to clean
floors and other surfaces where lead accumulates, while paragraph
(k)(2) of 29 CFR 1910.1018 prohibits employers from using compressed
air to clean floors and other accessible surfaces contaminated with
inorganic arsenic, and permits the use of shoveling and brushing for
this purpose only after employers try vacuuming or other relevant
methods and find these methods to be ineffective.
As an alternative to complying with the housekeeping requirements
specified by 29 CFR 1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2), KSW
proposed to adopt an alternative means of compliance that consists, in
part, of a compressed-air vacuum-containment 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, 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. 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.
Under Section 6(d) of the Occupational Safety and Health Act of
1970 (29 U.S.C. 655), and based on the record discussed above, the
Agency finds that when KSW complies with the conditions of the
following order, the working conditions of the KSW's workers will be at
least as safe and healthful as if KSW complied with the working
conditions specified by paragraphs (h)(2)(i) of 29 CFR 1910.1025 and
(k)(2) of 29 CFR 1910.1018. This decision is applicable in all States
under Federal OSHA enforcement jurisdiction.
V. Order
OSHA issues this order authorizing the Keystone Steel and Wire
Company (hereafter, "the employer") to comply with the following
conditions instead of complying with paragraphs (h)(2)(i) of 29 CFR
1910.1025 and (k)(2) of 29 CFR 1910.1018. This order applies only in
Federal OSHA enforcement jurisdictions, and does not permit the
employer to vary compliance with any other provisions of 29 CFR
1910.1025 and 29 CFR 1910.1018.
1. Scope of the Permanent Variance
This permanent variance applies only at the employer's melt shop
when using compressed air to clean crane motors during maintenance
operations.
2. Engineering and Related Conditions
(a) The employer must:
(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, and 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 cubic feet per minute.
(b) Ensure that the:
(1) Exhaust air in the CAVC system passes through a high-efficiency
particulate air (HEPA) filtration system prior to discharge; and
(2) Filtered exhaust does not reenter the work areas inside the
plant.
(c) Ensure the continued effectiveness of the alternative means of
compliance by:
(1) Performing a pre-use or yearly inspection (whichever occurs
more frequently) of all equipment and components used in the cleaning
operations; \8\
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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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(2) Documenting such inspections using a checklist;
(3) Replacing or repairing all defective parts and components; and
(4) Maintaining records of inspections and corrective actions.
(d) Before implementing revisions to the motor-cleaning process,
modify the Safe Job Procedure accordingly, and inform affected workers
of the modifications.
3. Exposure Monitoring
The employer must:
(a) 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.
(b) 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, and a separate
sampling for the portion of the shift that does not involve motor
cleaning.
(c) Ensure that results for the two most recent rounds of full-
shift sampling remain below the action level for arsenic and lead.
(d) Submit the breathing-zone samples for lead and arsenic
particulates to an analytical laboratory that complies with the
certification criteria of the American Industrial Hygiene Association's
Industrial Hygiene Proficiency Analytical Testing Program.
4. Biological Monitoring
The employer must:
(a) 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 [mu]g/100 ml, whichever is greater.
(b) Ensure that blood-lead results remain at or below 40 [mu]g
lead/100 g whole blood.
(c) Whenever the employer 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.
(d) Not assign any worker to the crane motor-cleaning operation who
declines to undergo the biological-monitoring procedures.
5. Notifications
(a) The employer must:
(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), 29 CFR 1910.1018(n)(6)(iii), 29 CFR
1910.1025(d)(8), and 29 CFR 1910.1025(j)(3)(v)(A)(4)) 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 the employer 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.
(b) Notify in writing OSHA's Office of Technical Programs and
Coordination Activities as soon as the employer knows that it will:
(1) Cease to do business; or
(2) Transfer the activities covered by this grant to a successor
company.
6. Training
The employer must 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\
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\9\ As described by KSW's Arsenic, Lead, & Cadmium Control
Program.
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7. Miscellaneous Program Conditions
The employer must implement the:
(a) Respiratory Protection Program that meets the requirements
specified by 29 CFR 1910.134, and 29 CFR 1910.1025(f), and 29 CFR
1910.1018(h);
(b) Provisions of the employer's Arsenic, Lead, & Cadmium Control
Program; and
(c) Provisions of the Safe Job Procedure.
8. Monitoring Work Practices
The employer must ensure that supervisors:
(a) Observe and enforce applicable safe-work practices \10\ while
workers are cleaning crane motors;
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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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(b) Document these supervisor observations and enforcement
activities; and
(c) Maintain these records.
9. Record Retention and Availability
The employer must:
(a) Retain any records generated under the conditions specified in
this grant for a minimum period of five years, unless an applicable
OSHA standard specifies a longer period; \11\ and
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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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(b) Make these records available to OSHA, affected workers, and
worker representatives on request.
VI. 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. OSHA is issuing this notice 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. 4-2010 (75 FR 55355), and
29 CFR part 1905.
Signed in Washington, DC, on October 7, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-25739 Filed 10-12-10; 8:45 am]
BILLING CODE 4510-26-P
