Abstract:
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.