Standard Interpretations - Table of Contents Standard Interpretations - Table of Contents
• Standard Number: 1926.58(e)(6)


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 http://www.osha.gov.


May 3, 1990

Lawrence Michaels, Esq.
Law Offices Lawrence Michaels & Associates
1700 Walnut Street, Suite 600
Philadelphia, Pennsylvania 19103

Dear Mr. Michaels:

This is in response to your letter of April 2, regarding the "Red Baron" negative air enclosure system. Enclosed is a copy of the letter sent to Global Consumer Services on February 9, by the Occupational Safety and Health Administration (OSHA).

As you can see, our previous letter to Global Consumer Services, Inc., did not approve or endorse the product. As our letter states "the Agency does not approve or endorse any products or work processes. However, when provided with adequate information, we can offer an opinion as to whether or not the use of a certain piece of equipment or process will meet the intent of the regulations."

The asbestos standard is a performance standard. As such, it does not specify the size or shape of the negative-pressure enclosure required by [29 CFR 1926.1101(g)(5)(i)]. The purpose of the enclosure is to prevent the spread of asbestos contamination to the outside work areas. The "Red Baron" system does constitute a negative-pressure enclosure. Compliance with OSHA regulations on a particular work site, however, depends on proper usage and meeting all other provisions of the asbestos standard, such as air monitoring, establishment of a regulated area, etc.

We hope we have addressed your concerns adequately. If we can be of further assistance, please do not hesitate to contact us again.

Sincerely,


Patricia K. Clark, Director Designate
[Directorate of Enforcement Programs]

Enclosure

[Corrected 6/2/2005]



February 9, 1990

Mr. Lance Conrad
Global Consumer Services, Inc.
3607 W. Pacific Avenue
Burbank, California 91505

Dear Mr. Conrad:

This is in response to your letter of February 1 to Helen Li of my staff, requesting the Occupational Safety and Health Administration (OSHA) to provide an opinion on your "Red Baron" negative air enclosure system for asbestos removal.

As you are aware, the Agency does not approve or endorse any products or work processes. However, when provided with adequate information, we can offer an opinion as to whether or not the use of a certain piece of equipment or process will meet the intent of the regulations.

It is the Agency's opinion that the use of your system meets the intent of [29 CFR 1926.1101(g)(5)(i)] when all other provisions of the asbestos standard are met, such as air monitoring, establishment of a regulated area, designation of a competent person, etc.

However, please be aware that the effectiveness of your system can only be determined by the health and safety professional observing it in actual use under specific circumstances.

If we can be of further assistance, please do not hesitate to contact us.

Sincerely,


Patricia K. Clark, Director Designate
[Directorate of Enforcement Programs]



Standard Interpretations - Table of Contents Standard Interpretations - Table of Contents