Federal Registers - Table of Contents
• Publication Date: 07/20/1990
• Publication Type: Proposed Rules
• Fed Register #: 55:29712-53
• Standard Number: 1910.1001; 1926.58
• Title: Occupational Exposure to Asbestos, Tremolite, Anthophyllite and Actinolite - Proposed Rulemaking (Supplemental) and Notice of Hearing


OSHA is conducting supplemental rulemaking on its standards issued 6/7/86 (51 FR 22512, 6/20/86) for occupational exposure to asbestos, tremolite, anthophyllite and actinolite in general industry (1910.1001) and in the construction industry (1926.58). These standards revised the 1972 asbestos standard, reduced the permissible exposure limit (PEL) from 2.0 to 0.2 fibers per cubic centimeter (f/cc) time-weighted average (TWA) and updated other requirements. On 2/2/88 the U.S. Court of Appeals upheld most aspects of the standard but remanded the case to OSHA on several issues. As a part of its response to this decision, on 9/14/88 OSHA issued a short term excursion limit (STEL) for asbestos of 1.0 f/cc averaged over a 30 minute sampling period (53 FR 35610). On 10/ 30/89 the court ordered OSHA to take action on 3 remand issues by 12/ 14/ 89, 3 others by 1/28/90, and the remaining issues by 2/27/90. OSHA issued its response to the first 6 issues on 12/14/89 and 2/5/90, but has determined that four remanded issues cannot be resolved on the existing record and that their resolution will require new rulemaking. These are: The establishment of operation-specific permissible exposure limits; extension of reporting and information transfer requirements; expansion of the competent person requirement to all workers engaged in any kind of construction work; and clarification of the exemption for "small-scale, short duration operations"