DEPARTMENT OF LABOR

Occupational Safety and Health Administration, Labor

29 CFR Parts 1915 and 1926

RIN 1218-AB25

Occupational Exposure to Asbestos

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Final rule.

SUMMARY: This document revises the Construction and Shipyard standards regulating occupational exposure to asbestos to conform the standards to the Court of Appeals decision in Asbestos Information Association/ North America v. Reich, 117 F. 3d 891 (5th Cir. July 24, 1997). The Court vacated the construction and shipyard standards insofar as they regulate asbestos-containing roof cements, mastics and coatings. The court's decision did not affect the general industry asbestos standard, and that standard is not being changed.

DATES: Effective on July 24, 1997.

FOR FURTHER INFORMATION CONTACT: John Martonik, Acting Director, Directorate of Safety Standards Programs, Room N-3605, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210; Telephone (202) 219-8061.

SUPPLEMENTARY INFORMATION:

Background

On August 10, 1994, the Occupational Safety and Health Administration published final standards (59 FR 40964, 29 CFR 1910.1001, 1915.1001, and 1926.1101), regarding occupational asbestos exposure. On June 29, 1995, OSHA issued amendments (60 FR 33974, 29 CFR 1915.1001 and 1926.1101) to correct and clarify various provisions of the construction and shipyard employment standards.

The Asbestos Information Association/North American (AIA/NA) petitioned for review of the construction and maritime standards' requirements for work practices, training, and hazard communication for asphalt roof cements, coatings and mastics which contain asbestos. In Asbestos Information Association/North America v. Reich, 117 F. 3d 891 (5th Cir. July 24, 1997), the court vacated the standards insofar as they regulate these materials.

Need for Correction

OSHA is amending sections 1915.1001 and 1926.1101 to conform the regulations to the court's decision. OSHA is adding a statement to paragraph (a) in both standards to state that the standard does not apply to asbestos-containing asphalt roof cements, coatings and mastics. In paragraph (g)(12) in the maritime standard and in paragraph (g)(11) of the construction standard covering alternative work practices, OSHA is deleting references to roofing cements, mastics and coatings. Section 1910.1001 remains unchanged.

OSHA is required to make these corrections to conform the standard to the court's decision. Because OSHA has no discretion in the matter, notice and opportunity for public comment are not necessary.

List of Subjects

29 CFR Part 1915

Asbestos, Hazardous substances, Longshore and harbor workers, Occupational safety and health, Vessels.

29 CFR Part 1926

Asbestos, Construction industry, Hazardous substances, Occupational safety and health.

Signed at Washington, D.C., this 22nd day of June, 1998.

Charles N. Jeffress,
Assistant Secretary of Labor for Occupational Safety and Health.

Accordingly, 29 CFR Parts 1915 and 1926 are corrected by making the following correcting amendments:

PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD EMPLOYMENT

1. The authority citation for 29 CFR part 1915 is revised to read as follows:

Authority: Sec. 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), or 6-96 (62 FR 111), as applicable; 29 CFR part 1911.

Section 1915.100 also issued under Section 29, Hazardous Materials Transportation Uniform Safety Act of 1990 (49 U.S.C. 1801-1819) and 5 U.S.C. 553.

Subpart Z--Toxic and Hazardous Substances

2. In Sec. 1915.1001, add paragraph (a)(8) and revise paragraph (g)(12) introductory text to read as follows:

Sec. 1915.1001 Asbestos.

(a) Scope and application. * * *

* * * * *

(8) This section does not apply to asbestos-containing asphalt roof cements, coatings and mastics.

* * * * *

(g) Methods of compliance * * *

* * * * *

(12) Alternative methods of compliance for installation, removal, repair, and maintenance of certain roofing and pipeline coating materials. Notwithstanding any other provision of this section, an employer who complies with all provisions of this paragraph (g)(12) when installing, removing, repairing, or maintaining intact pipeline asphaltic wrap, or roof flashings which contain asbestos fibers encapsulated or coated by bituminous or resinous compounds shall be deemed to be in compliance with this section. If an employer does not comply with all provisions of this paragraph (g)(12) or if during the course of the job the material does not remain intact, the provisions of paragraph (g)(8) of this section apply instead of this paragraph (g)(12).

* * * * *

PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION

Subpart Z--Toxic and Hazardous Substances

3. The authority citation for Subpart Z of 29 CFR 1926 is revised to read as follows:

Authority: Sec. 107, Contract Work Hours and Safety Standards Act (40 U.S.C. 333); Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1- 90 (55 FR 9033), or 6-96 (62 FR 111), as applicable; 29 CFR part 1911.

Section 1926.1102 not issued under 29 U.S.C. 655 or 29 CFR part 1911; also issued under 5 U.S.C. 553.

4. In Sec. 1926.1101, add paragraph (a)(8) and revise paragraph (g)(11) introductory text to read as follows:

Sec. 1926.1101 Asbestos.

(a) Scope and application. * * *

* * * * *

(8) This section does not apply to asbestos-containing asphalt roof coatings, cements and mastics.

* * * * *

(g) Methods of compliance * * *

* * * * *

(11) Alternative methods of compliance for installation, removal, repair, and maintenance of certain roofing and pipeline coating materials. Notwithstanding any other provision of this section, an employer who complies with all provisions of this paragraph (g)(11) when installing, removing, repairing, or maintaining intact pipeline asphaltic wrap, or roof flashings which contain asbestos fibers encapsulated or coated by bituminous or resinous compounds shall be deemed to be in compliance with this section. If an employer does not comply with all provisions of this paragraph (g)(11) or if during the course of the job the material does not remain intact, the provisions of paragraph (g)(8) of this section apply instead of this paragraph (g)(11).

* * * * *

[FR Doc. 98-17091 Filed 6-26-98; 8:45 am]

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