2014 Asbestos Symposium Enforcement overview Eric Allen Senior Industrial Hygienist MIOSHA CSHD & Asbestos Division

MIOSHA Consultation, Education, and Training Division (CET)

Disclaimer The asbestos regulations are very complex. Each scenario is individually unique. Each inspection is based on a case by case scenario.

Overview Other Construction Rules Other Occ. Health Standards Asbestos - General Industry (Part 305) Asbestos - Construction (Part 602) Public Act 135 – Asbestos Abatement Contractors Licensing Act Public Act 440 – Asbestos Worker Accreditation Act

Common MIOSHA Construction Safety Rules Part 1 – General Rules Part 6 – Personal Protective Equipment Part 11 – Ladders Part 20 – Demolition Part 45 – Fall Protection

Common Occupational Health Rules Part 309 – Cadmium Paint Disturbance Part 430 – Hazard Communication (Global Harmonized System) Part 451 – Respiratory Protection All aspects Part 601 – Air Contaminants for Construction Part 603 – Lead in Construction

General Industry Asbestos Regulations Applies more to the Facility / Property Owner than the Abatement Contractor Schools / Factories / Commercial Buildings Asbestos Survey Informing custodial staff, custodial employers of the Asbestos Survey Labeling Jurisdiction - Homeowners

General Industry Asbestos Regulations Air Monitoring – Appendix A (Later) Air Monitoring only – GI work

Part 602 – Asbestos in Construction Standard Scope :

Responsibilities for all Employers

Responsibilities for General Contractor A General Contractor cannot absolve themselves of asbestos hazards on the site. Overall authority over the jobsite Typical scenarios for asbestos Have the asbestos abatement work completely separate from the other “regular” construction activities

General Contractor – (d)(5)

Abatement Work under 602

Regulated Area Asbestos Tape – Red Note* = Change in 2015/2016 for signage

Competent Person Must be up-to-date on Contractor/Supervisor Training and Licensing (PA 440)

Competent Person - Continued

Air Monitoring Negative Exposure Assessment Initial Determination Must be “apples to apples” Closely resembling Initial Determination 8-hour samples and 30-minute samples are required

Prohibited Activities

Classes of Asbestos Work

Class I Work Thermal System Insulation Plaster – Skim and/or Base Fireproofing

Typical Items to be asked for during a Class I MIOSHA Inspection Manometric Pressure Readings – NPE Manometer Smoke Tubes – Glove Bags HEPA Vacuum – Glove Box Water Spray Process System – Special Training License 6 Mil plastic – HVAC jobs

Class II Work Floor Tile* Roofing Materials* Siding / Shingles / Transite Panels Gaskets * Settlement Agreements with OSHA

Typical Items to be asked for during a Class II MIOSHA Inspection Floor Tile* Manometric Readings/ Manometer for Mechanical Chipping Roofing Materials* How was it done? * Settlement Agreements with OSHA

Class III Work Mini Enclosure 60” x 60” glove bag See Class I Work

Class IV Work

Other Work (g)(11) Asphaltic Pipelines Roof Flashing These have specific rules contained in the Roofing Industry Settlement with OSHA

Part 451- Respiratory Protection Program

Respiratory Protection An Assigned Protection Factor cannot be established unless the following have been established; 1. Fit Test 2. Medical Evaluation 3. Written Program 4. Training 5. Maintenance 6. Use Requirements

Protective Clothing Protective clothing Tyvek Spun Bound Paper Undergarments Class I – No street clothes on underneath Laundering

Decontamination – Class I Equipment Room Shower Room Hot and Cold Water from a common stream Clean Room Very Rare – Remote Decon There is no “It’s below freezing” rule!

Decontamination - Continued Requirements for Class I work involving less than 25 linear or 10 square feet of TSI or surfacing ACM and PACM, and for Class II and Class III asbestos work operations where exposures exceed a PEL or where there is no negative exposure assessment produced before the operation. Plastic dropcloth beneath HEPA Vacuum

Do I need an asbestos survey? Yes. The facility / property owner or employer must conduct an asbestos survey. Can I claim everything as asbestos? Yes! But, it must be in writing!

How can I rebut a material?

Proper Laboratories for Rebuttal Sample collection by an accredited inspector or a CIH Sample must be submitted to: NVLAP NIST Round Robin for Bulk Samples (AIHA) Or an equivalent recognized round robin testing facility Must follow EPA AHERA – 40 CFR 763.86 criteria for number of samples

Training Make Sure all employees are up-to-date on their annual license and training requirement.

Waste Disposal

Medical Surveillance Maintain your paperwork through the medical provider or the company!

Appendix A - Sampling and Analytical Procedure Air Monitoring HSE Phase Shift Test Slide

Appendix A – Quality Control Procedures Intralaboratory – Statistically designed QA Program involving blind recounts and comparisons between microscopists Interlaboratory – QA Program with at least 2 other independent laboratories Proficiency Analytical Testing Program (PAT) or the Asbestos Registry (AIHA) NIOSH Course 582 – Equivalency Course

P.A. 135 – Asbestos Abatement Contractors Licensing Act

P.A. 135 – Asbestos Abatement Contractors Licensing Act

P.A. 440 – Asbestos Worker Accreditation Act

Questions?