1. 2014 Asbestos Symposium Enforcement overview
Eric Allen
Senior Industrial Hygienist
MIOSHA CSHD & Asbestos Division

2. MIOSHA Consultation, Education, and Training Division (CET)

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

4. 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

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

6. 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

7. 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

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

9. Part 602 – Asbestos in Construction
Standard Scope :

10. Responsibilities for all Employers

11. 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

12. General Contractor – (d)(5)

13. Abatement Work under 602

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

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

16. Competent Person - Continued

17. 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

18. Prohibited Activities

19. Classes of Asbestos Work

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

21. 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

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

23. 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

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

25. Class IV Work

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

27. Part 451- Respiratory Protection Program

28. 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

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

30. 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!

31. 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

32. 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!

33. How can I rebut a material?

34. 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 criteria for number of samples

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

36. Waste Disposal

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

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

39. 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

40. P.A. 135 – Asbestos Abatement Contractors Licensing Act

41. P.A. 135 – Asbestos Abatement Contractors Licensing Act

42. P.A. 440 – Asbestos Worker Accreditation Act

43. Questions?