MIOSHA ASBESTOS PROGRAM UPDATE Michael T. Mason March 13, 2014

MIOSHA Asbestos Program Was initiated in 1986 In 2012, program was combined with the construction industrial hygiene enforcement program in MIOSHA. All MIOSHA regulations and laws are now enforced in the combined program, not just asbestos. We ensure employees are protected to the full extent that the MIOSHA laws allows.

Program Responsibilities The program is responsible for enforcement of: The Asbestos Abatement Contractors Licensing Act (Act 135 of 1986) The Asbestos Workers Accreditation Act (Act 440 of 1988) The asbestos, lead, and cadmium regulations for construction, and all the other construction rules and regulations authorized by the Michigan Occupational Safety and Health Act (Act 154 of 1974) Some responsibilities under AHERA

Tony Casaletta Supervisor Supervises enforcement staff Worked in MIOSHA since September of 2000 (13 years)

Fred Kirkland Industrial Hygiene Specialist Asbestos training and accreditation administrator Worked in MIOSHA since January of 1987 (27 years)

Lisa Hogan Analyst Statistical analyses, maintenance of databases, bill paying, and backup for secretaries Worked in MIOSHA since January of 1993 (21 years)

Lisa VanSteeland Secretary Processing asbestos abatement project notifications forms Processes and tracks citations Worked in MIOSHA since January of 1988 (26 years)

Kimberly Weaver Secretary Recordkeeping, licensing, and accreditation under Act 440 of 1988 Worked in MIOSHA since November of 1997 (16 years)

Angie Tate Secretary General operations safety and health enforcement programs Worked in MIOSHA since July of 1976 (37 years)

Eric Allen Senior Industrial Hygienist Enforcement in Area 3 (Wayne County) Worked in MIOSHA since October of 2008 (5 years)

Keith Langworthy Senior Industrial Hygienist Enforcement in Area 1 based in Grand Rapids Worked in MIOSHA since May of 2000 (13 years)

Dan Maki Senior Industrial Hygienist Enforcement in Area 6 (northern Michigan) Worked in MIOSHA since November of 1998 (15 years)

Scott Thelen Senior Industrial Hygienist Enforcement in Area 2 based in Lansing Worked in MIOSHA since July of 2005 (8 years)

Compliance Activity FY 2013 LEGAL AUTHORITYNUMBER OF INVESTIGATIONS NUMBER OF CITATIONS AMOUNT OF PENALTY Asbestos Abatement Contractors Licensing Act (1986 Act 135) NA28$69,433 Asbestos Workers Accreditation Act (1988 Act 440) NA13$6,240 Michigan Occupational Safety and Health Act (1974 Act 154) NA531$391,278 TOTAL314572$466,951

Types of Violations FY 2013 TYPE OF CITATIONFREQUENCY Other than serious115 Serious398 Repeat11 Willful7 Act 135 of 1986 (licensing)28 Act 440 of 1988 (accreditation)13 TOTAL572

Top Five Cited Asbestos Rules in FY 2013 RULEDESCRIPTION (f)(1)Exposure monitoring was not performed (g)(1)Engineering controls and work practices were not used (e)(6)Competent person did not supervise the asbestos work in the regulated area (h)(1)Appropriate respirator was not used (k)(9)(i)No or inadequate information and training provided

Revenue Summary FY 2013 CATEGORYREVENUE Training Course$37,400 Accreditation262,025 Contractor Licensing51,450 Project Notification Fees325,328 SUBTOTAL$676,203 Citation Penalties Assessed$466,951 ($230,000) TOTAL$1,143,154 ($906,203)

Part 602 Asbestos for Construction (h) Respiratory protection—Table 1 removed—Employers must now select a respirator that complies with the respiratory protection regulation (29 CFR or Part 451) (k) Communication of hazards—Language added about new hazard communication standard (29 CFR )—Info on signs and labels changed

Part 305 Asbestos for General Industry (g) Respiratory protection—Table 1 removed—Employers must now select a respirator that complies with the respiratory protection regulation (29 CFR or Part 451) (k) Communication of hazards—Language added about new hazard communication standard (29 CFR )—Info on signs and labels

Part 42 Hazard Communication Hazard classification: Chemical manufacturers and importers are required to determine the hazards of the chemicals they produce or import. Hazard classification under the new, updated standard provides specific criteria to address health and physical hazards as well as classification of chemical mixtures. Labels: Chemical manufacturers and importers must provide a label that includes a signal word, pictogram, hazard statement, and precautionary statement for each hazard class and category. Safety Data Sheets: The new format requires 16 specific sections, ensuring consistency in presentation of important protection information. Information and training: To facilitate understanding of the new system, the new standard requires that workers be trained by December 1, 2013 on the new label elements and safety data sheet format, in addition to the current training requirements.

Part 42 Hazard Communication Effective Dates Effective Completion Date Requirement(s)Who December 1, 2013 Train employees on the new label elements and safety data sheet (SDS) format. Employers June 1, 2015 December 1, 2015 Compliance with all modified provisions of this final rule, except: The distributor shall not ship containers labeled by the chemical manufacturer or importer unless it is a GHS label. Chemical manufacturers, importers, distributors, and employers June 1, 2016Update alternative workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards. Employers

Crystalline Silica Rulemaking