OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

March 22, 1995

The Honorable Sam Farr
U.S. House of Representatives
100 W. Alisal Post
Office Box 145
Salinas, California 93902

Dear Congressman Farr:

Thank you for your letter of February 3, on behalf of your constituent, Mr. Gary Smith, concerning the Occupational Safety and Health Administration's (OSHA) revised Asbestos Standard (Federal Register 59:40964, August 10, 1994) as it pertains to asbestos in the car repair industry.

OSHA's 1986 asbestos rule included methods of suppression and collection of asbestos dust and debris in brake and clutch repair operations. These were described in a non-mandatory appendix to the rule.

In response to a court remand of the 1986 rule, OSHA reconsidered certain provisions and issued a revised asbestos rule on August 10, 1994. In the final standard, 29 CFR 1910.1001, Occupational Exposure to Asbestos, Appendix F, OSHA lists two "preferred methods," the wet-brush recycle method and the enclosure/HEPA vacuum system. A more recent change is that OSHA will accept the use of spray/solvent cans when performing brake and clutch repair as full compliance with the standard when simple clean-up procedures as described in the proposal are followed.

Finally, on February 21, OSHA published in the Federal Register 60:9624 an extension of the start-up dates for compliance, including the provisions for brake and clutch operations. OSHA decided to extend the start-up date until July 10, to give the public more time to understand the provisions and implement compliance.

We hope that this information will prove useful to you in responding to your constituent's concerns. Thank you for your interest in occupational safety and health.



Joseph A. Dear
Assistant Secretary



February 3, 1995

U.S. Department Of Labor Assistant Secretary Congressional Affairs 200 Constitution Avenue, N. W. Washington, D.C. 20210

RE: Mr. Gary Smith 2725 Monterey Avenue Soquel, CA 95073

Dear Ladies/Gentlemen:

The above referenced constituent has requested my assistance. The constituent has a concern which I believe you can address.

Please review this material and reply to the issues which this constituent raises. Send your reply to my Salinas office, addressed as follows: Congress member Sam Farr, 100 W. Alisal/P.O. Box 145, Salinas, California 93902, ATTN: Juan Uranga, Congressional Aide.

Thank you very much. I appreciate your time and attention.



Sam Farr
Member of Congress






January 18, 1995


Mr. Gary Smith
2725 Monterey Avenue
Soquel, California 95073


Status of OSHA regulation on car repair

Mr. Smith would like to know the status of OSHA regulation on asbestos control relating to car repair. It appeared in Federal Register Volume 59, #153, August 1994, pp 40,985.

Mr. Smith states that some auto repair equipment salespersons are implying the regulation, unchanged from when it appeared in the Federal Register as cited above, is either currently the rule or imminently the rule.

Mr. Smith believes the regulation may be changing, and would like to know the final form and the date the requirement goes into effect.