§ 1529. Asbestos.
8 CA ADC § 1529Barclays Official California Code of Regulations
8 CCR § 1529
§ 1529. Asbestos.
“Aggressive-method” means removal or disturbance of building material by sanding, abrading, grinding or other method that breaks, crumbles, or disintegrates intact ACM.
“Amended water” means water to which surfactant (wetting agent) has been added to increase the ability of the liquid to penetrate ACM.
“Asbestos” includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that has been chemically treated and/or altered. For purposes of this standard,
“asbestos” includes PACM, as defined below.
“Asbestos-containing material (ACM)”, means any material containing more than one percent asbestos.
“Assistant Secretary” means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or designee.
“Authorized person” means any person authorized by the employer and required by work duties to be present in regulated areas.
“Building/facility owner” is the legal entity, including a lessee, which exercises control over management and record keeping functions relating to a building and/or facility in which activities covered by this standard take place.
“Certified Industrial Hygienist (CIH)” means one certified in the practice of industrial hygiene by the American Board of Industrial Hygiene.
“Chief” means the Chief of the Division of Occupational Safety and Health, P.O. Box 420603, San Francisco, CA 94142.
“Class I asbestos work” means activities involving the removal of TSI and surfacing ACM and PACM.
“Class II asbestos work” means activities involving the removal of ACM which is not thermal system insulation or surfacing material. This includes, but is not limited to, the removal of asbestos-containing wallboard, floor tile and sheeting, roofing and siding shingles, and construction mastics.
“Class III asbestos work” means repair and maintenance operations, where “ACM”, including TSI and surfacing ACM and PACM, is likely to be disturbed.
“Class IV asbestos work” means maintenance and custodial activities during which employees contact but do not disturb ACM or PACM and activities to clean up dust, waste and debris resulting from Class I, II, and III activities.
“Clean room” means an uncontaminated room having facilities for the storage of employees' street clothing and uncontaminated materials and equipment.
“Closely resemble” means that the major workplace conditions which have contributed to the levels of historic asbestos exposure, are no more protective than conditions of the current workplace.
“Competent person” means, in addition to one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them, one who is capable of identifying existing asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, who has the authority to take prompt corrective measures to eliminate them: in addition, for Class I and Class II work who is specially trained in a training course which meets the criteria of EPA's Model Accreditation Plan (40 CFR part 763) for supervisor, or its equivalent and, for Class III and Class IV work, who is trained in a manner consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92 (a)(2). Note: For operations involving more than 100 square feet of asbestos containing construction material as defined in subsection (r) of this section the competent person may fulfill the requirement contained in Section 341.9 to specify a certified supervisor for asbestos related work.
“Critical barrier” means one or more layers of plastic sealed over all openings into a work area or any other similarly placed physical barrier sufficient to prevent airborne asbestos in a work area from migrating to an adjacent area.
“Decontamination area” means an enclosed area adjacent and connected to the regulated area and consisting of an equipment room, shower area, and clean room, which is used for the decontamination of workers, materials, and equipment that are contaminated with asbestos.
“Demolition” means the wrecking or taking out of any load- supporting structural member and any related razing, removing, or stripping of asbestos products.
“Director” means the Director, National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee.
“Disturbance” means activities that disrupt the matrix of ACM or PACM, crumble or pulverize ACM or PACM, or generate visible debris from ACM or PACM. Disturbance includes cutting away small amounts of ACM and PACM, no greater than the amount which can be contained in one standard sized glove bag or waste bag in order to access a building component. In no event shall the amount of ACM or PACM so disturbed exceed that which can be contained in one glove bag or waste bag which shall not exceed 60 inches in length and width.
“Employee exposure” means that exposure to airborne asbestos that would occur if the employee were not using respiratory protective equipment.
“Equipment room (change room)” means a contaminated room located within the decontamination area that is supplied with impermeable bags or containers for the disposal of contaminated protective clothing and equipment.
“Fiber” means a particulate form of asbestos, 5 micrometers or longer, with a length-to-diameter ratio of at least 3 to 1.
“Glovebag” means an impervious plastic bag-like enclosure affixed around not more than a 60 x 60 inch asbestos-containing material, with glove-like appendages through which material and tools may be handled.
“High-efficiency particulate air (HEPA) filter” means a filter capable of trapping and retaining at least 99.97 percent of all mono-dispersed particles of 0.3 micrometers in diameter.
“Homogeneous area” means an area of surfacing material or thermal system insulation that is uniform in color and texture.
“Industrial hygienist” means a professional qualified by education, training, and experience to anticipate, recognize, evaluate and develop controls for occupational health hazards.
“Intact” means that the ACM has not crumbled, been pulverized, or otherwise deteriorated so that the asbestos is no longer likely to be bound with its matrix.
“Modification” for purposes of subsection (g)(6), means a changed or altered procedure, material or component of a control system, which replaces a procedure, material or component of a required system. Omitting a procedure or component, or reducing or diminishing the stringency or strength of a material or component of the control system is not a “modification” for purposes of subsection (g)(6) of this section.
“Negative Initial Exposure Assessment” means a demonstration by the employer, which complies with the criteria in subsection (f)(2)(C) of this section, that employee exposure during an operation is expected to be consistently below the PELs.
“PACM” means “presumed asbestos-containing material”.
“Presumed Asbestos Containing Material” means thermal system insulation and surfacing material found in buildings constructed no later than 1980. The designation of a material as “PACM” may be rebutted pursuant to subsection (k)(5) of this section.
“Project Designer” means a person who has successfully completed the training requirements for an abatement project designer established by 40 U.S.C. Sec. 763.90(g).
“Regulated area” means: an area established by the employer to demarcate areas where Class I, II, and III asbestos work is conducted, and any adjoining area where debris and waste from such asbestos work accumulate; and a work area within which airborne concentrations of asbestos, exceed or there is a reasonable possibility they may exceed the permissible exposure limit. Requirements for regulated areas are set out in subsection (e) of this section.
“Removal” means all operations where ACM and/or PACM is taken out or stripped from structures or substrates, and includes demolition operations.
“Renovation” means the modifying of any existing structure, or portion thereof.
“Repair” means overhauling, rebuilding, reconstructing, or reconditioning of structures or substrates, including encapsulation or other repair of ACM or PACM attached to structures or substrates.
“Surfacing material” means material that is sprayed, troweled-on or otherwise applied to surfaces (such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, and other purposes).
“Surfacing ACM” means surfacing material which contains more than 1% asbestos.
“Thermal system insulation (TSI)” means ACM applied to pipes, fittings, boilers, breeching, tanks, ducts or other structural components to prevent heat loss or gain.
“Thermal system insulation ACM” is thermal system insulation which contains more than 1% asbestos.
(1) Time-weighted average limit (TWA). The employer shall ensure that no employee is exposed to an airborne concentration of asbestos in excess of 0.1 fiber per cubic centimeter of air as an eight (8) hour time-weighted average (TWA), as determined by the method prescribed in Appendix A to this section, or by an equivalent method.
(2) Excursion limit. The employer shall ensure that no employee is exposed to an airborne concentration of asbestos in excess of 1.0 fiber per cubic centimeter of air (1 f/cc) as averaged over a sampling period of thirty (30) minutes, as determined by the method prescribed in Appendix A to this section, or by an equivalent method.
(1) On multi-employer worksites, an employer performing work requiring the establishment of a regulated area shall inform other employers on the site of the nature of the employer's work with asbestos and/or PACM, of the existence of and requirements pertaining to regulated areas, and the measures taken to ensure that employees of such other employers are not exposed to asbestos.
(2) Asbestos hazards at a multi-employer work site shall be abated by the contractor who created or controls the source of asbestos contamination. For example, if there is a significant breach of an enclosure containing Class I work, the employer responsible for erecting the enclosure shall repair the breach immediately.
(3) In addition, all employers of employees exposed to asbestos hazards shall comply with applicable protective provisions to protect their employees. For example, if employees working immediately adjacent to a Class I asbestos job are exposed to asbestos due to the inadequate containment of such job, their employer shall either remove the employees from the area until the enclosure breach is repaired; or perform an initial exposure assessment pursuant to subsection (f) of this section.
(4) All employers of employees working adjacent to regulated areas established by another employer on a multi-employer work-site, shall take steps on a daily basis to ascertain the integrity of the enclosure and/or the effectiveness of the control method relied on by the primary asbestos contractor to assure that asbestos fibers do not migrate to such adjacent areas.
(5) All general contractors on a construction project which includes work covered by this standard shall be deemed to exercise general supervisory authority over the work covered by this standard, even though the general contractor is not qualified to serve as the asbestos “competent person” as defined by subsection (b) of this section. As supervisor of the entire project, the general contractor shall ascertain whether the asbestos contractor is in compliance with this standard, and shall require such contractor to come into compliance with this standard when necessary.
(1) All Class I, II and III asbestos work shall be conducted within regulated areas. All other operations covered by this standard shall be conducted within a regulated area where airborne concentrations of asbestos exceed, or there is a reasonable possibility they may exceed a PEL. Regulated areas shall comply with the requirements of subsections (2), (3), (4), and (5) of this subsection.
(2) Demarcation. The regulated area shall be demarcated in any manner that minimizes the number of persons within the area and protects persons outside the area from exposure to airborne asbestos. Where critical barriers or negative pressure enclosures are used, they may demarcate the regulated area. Signs shall be provided and displayed pursuant to the requirements of subsection (k)(7) of this section.
(C) Representative 8-hour TWA employee exposure shall be determined on the basis of one or more samples representing full-shift exposure for employees in each work area. Representative 30-minute short-term employee exposures shall be determined on the basis of one or more samples representing 30 minute exposures associated with operations that are most likely to produce exposures above the excursion limit for employees in each work area.
(A) Each employer who has a workplace or work operation covered by this standard shall ensure that a “competent person” conducts an exposure assessment immediately before or at the initiation of the operation to ascertain expected exposures during that operation or workplace. The assessment must be completed in time to comply with requirements which are triggered by exposure data or the lack of a “negative exposure assessment,” and to provide information necessary to assure that all control systems planned are appropriate for that operation and will work properly.
(B) Basis of Initial Exposure Assessment: Unless a negative exposure assessment has been made pursuant to subsection (f)(2)(C) of this section, the initial exposure assessment shall, if feasible, be based on monitoring conducted pursuant to subsection (f)(1)(C) of this section. The assessment shall take into consideration both the monitoring results and all observations, information or calculations which indicate employee exposure to asbestos, including any previous monitoring conducted in the workplace, or of the operations of the employer which indicate the levels of airborne asbestos likely to be encountered on the job. For Class I asbestos work, until the employer conducts exposure monitoring and documents that employees on that job will not be exposed in excess of the PELs, or otherwise makes a negative exposure assessment pursuant to subsection (f)(2)(C) of this section, the employer shall presume that employees are exposed in excess of the TWA and excursion limit.
1. Objective data demonstrating that the product or material containing asbestos minerals or the activity involving such product or material cannot release airborne fibers in concentrations exceeding the TWA and excursion limit under those work conditions having the greatest potential for releasing asbestos; or
2. Where the employer has monitored prior asbestos jobs for the PEL and the excursion limit within 12 months of the current or projected job, the monitoring and analysis were performed in compliance with the asbestos standard in effect; and the data were obtained during work operations conducted under workplace conditions “closely resembling” the processes, type of material, control methods, work practices, and environmental conditions used and prevailing in the employer's current operations, the operations were conducted by employees whose training and experience are no more extensive than that of employees performing the current job, and these data show that under the conditions prevailing and which will prevail in the current workplace there is a high degree of certainty that employee exposures will not exceed the TWA and excursion limit; or
3. The results of initial exposure monitoring of the current job made from breathing zone air samples that are representative of the 8-hour TWA and 30-minute short-term exposures of each employee covering operations which are most likely during the performance of the entire asbestos job to result in exposures over the PELs.
(A) Class I and II operations. The employer shall conduct daily monitoring that is representative of the exposure of each employee who is assigned to work within a regulated area who is performing Class I or II work, unless the employer pursuant to subsection (f)(2)(C) of this section, has made a negative exposure assessment for the entire operation.
(C) Exception: When all employees required to be monitored daily are equipped with supplied-air respirators operated in the pressure demand mode, or other positive pressure mode respirator, the employer may dispense with the daily monitoring required by this subsection. However, employees performing class I work using a control method which is not listed in subsection (g)(4)(A), (B), or (C) of this section or using a modification of a listed control method, shall continue to be monitored daily even if they are equipped with supplied-air respirators.
(4) Termination of monitoring. (A) If the periodic monitoring required by subsection (f)(3) of this section reveals that employee exposures, as indicated by statistically reliable measurements, are below the permissible exposure limit and excursion limit the employer may discontinue monitoring for those employees whose exposures are represented by such monitoring.
(B) Additional monitoring. Notwithstanding the provisions of subsections (f)(2), (f)(3), and (f)(4) of this section, the employer shall institute the exposure monitoring required under subsection (f)(3) of this section whenever there has been a change in process, control equipment, personnel or work practices that may result in new or additional exposures above the permissible exposure limit and/or excursion limit or when the employer has any reason to suspect that a change may result in new or additional exposures above the permissible exposure limit and/or excursion limit. Such additional monitoring is required regardless of whether a “negative exposure assessment” was previously produced for a specific job.
(C) The written notification required by subsection (f)(5)(A) of this section shall include the corrective action being taken by the employer to reduce employee exposure to or below the PEL and/or excursion limit wherever monitoring results have indicated that the PEL and/or excursion limit has been exceeded.
(B) When observation of the monitoring of employee exposure to asbestos requires entry into an area where the use of protective clothing or equipment is required, the observer shall be provided with and be required to use such clothing and equipment and shall comply with all other applicable safety and health procedures.
(B) Wet methods, or wetting agents, to control employee exposures during asbestos handling, mixing, removal, cutting, application, and cleanup, except where employers demonstrate that the use of wet methods is infeasible due to for example, the creation of electrical hazards, equipment malfunction, and, in roofing, except as provided in subsection (g)(8)(B) of this section; and
(E) Wherever the feasible engineering and work practice controls described above are not sufficient to reduce employee exposure to or below the permissible exposure limit and/or excursion limit prescribed in subsection (c) of this section, the employer shall use them to reduce employee exposure to the lowest levels attainable by these controls and shall supplement them by the use of respiratory protection that complies with the requirements of subsection (h) of this section.
(B) For all Class I jobs involving the removal of more than 25 linear or 10 square feet of thermal system insulation or surfacing material; for all other Class I jobs, where the employer cannot produce a negative exposure assessment pursuant to subsection (f)(2)(C) of this section, or where employees are working in areas adjacent to the regulated area, while the Class I work is or being performed, the employer shall use one of the following methods to ensure that airborne asbestos does not migrate from the regulated area:
2. The employer shall use another barrier or isolation method which prevents the migration of airborne asbestos from the regulated area, as verified by perimeter area surveillance during each work shift at each boundary of the regulated area, showing no visible asbestos dust; and perimeter area monitoring showing that clearance levels contained in 40 CFR Part 763, Subpart E, of the EPA Asbestos in Schools Rule are met, or that perimeter area levels, measured by Phase Contrast Microscopy (PCM) are no more than background levels representing the same area before the asbestos work began. The results of such monitoring shall be made known to the employer no later than 24 hours from the end of the work shift represented by such monitoring.
Exception: For work completed outdoors where employees are not working in areas adjacent to the regulated areas, this subsection (g)(4)(B) is satisfied when the specific control methods in subsection (g)(5) of this section are used.
(F) For all Class I jobs where the employer cannot produce a negative exposure assessment, or where exposure monitoring shows that a PEL is exceeded, the employer shall ventilate the regulated area to move contaminated air away from the breathing zone of employees toward a HEPA filtration or collection device.
(E) Water Spray Process System. A water spray process system may be used for removal of ACM and PACM from cold line piping if, employees carrying out such process have completed a 40-hour separate training course in its use, in addition to training required for employees performing Class I work. The system shall meet the following specifications and shall be performed by employees using the following work practices.
(B) A certified industrial hygienist or licensed professional engineer who is also qualified as a project designer as defined in subsection (b) of this section, shall evaluate the work area, the projected work practices and the engineering controls and shall certify in writing that the planned control method is adequate to reduce direct and indirect employee exposure to below the PELs under worst-case conditions of use, and that the planned control method will prevent asbestos contamination outside the regulated area, as measured by clearance sampling which meets the requirements of EPA's Asbestos in Schools rule issued under AHERA, or perimeter monitoring which meets the criteria in subsection (g)(4)(B)2. of this section.
2. The evaluation of employee exposure required in subsection (g)(6) of this section, shall include and be based on sampling and analytical data representing employee exposure during the use of such method under worst-case conditions and by employees whose training and experience are equivalent to employees who are to perform the current job.
(B) For all indoor Class II jobs, where the employer has not produced a negative exposure assessment pursuant to subsection (f)(2)(C) of this section, or where during the job, changed conditions indicate there may be exposure above the PEL or where the employer does not remove the ACM in a substantially intact state, the employer shall use one of the following methods to ensure that airborne asbestos does not migrate from the regulated area;
(8) Additional Controls for Class II work. Class II asbestos work shall also be performed by complying with the work practices and controls designated for each type of asbestos work to be performed, set out in this subsection. Where more than one control method may be used for a type of asbestos work, the employer may choose one or a combination of designated control methods. Class II work also may be performed using a method allowed for Class I work, except that glove bags and glove boxes are allowed if they fully enclose the Class II material to be removed.
(A) For removing vinyl and asphalt flooring materials which contain ACM or for which, in buildings constructed no later than 1980, the employer has not verified the absence of ACM pursuant to subsection (g)(8)(A)9. of this section. The employer shall ensure that employees comply with the following work practices and that employees are trained in these practices pursuant to subsection (k)(9) of this section:
4. When removing built-up roofs with asbestos-containing roofing felts and an aggregate surface using a power roof cutter, all dust resulting from the cutting operation shall be collected by a HEPA dust collector, or shall be HEPA vacuumed by vacuuming along the cut line. When removing built-up roofs with asbestos containing roofing felts and a smooth surface using a power roof cutter, the dust resulting from the cutting operation shall be collected either by a HEPA dust collector or HEPA vacuuming along the cut line, or by gently sweeping and then carefully and completely wiping up the still-wet dust and debris left along the cut line. The dust and debris shall be immediately bagged or placed in covered containers.
8. Notwithstanding any other provision of this section, removal or repair of sections of intact roofing less than 25 square feet in area does not require use of wet methods or HEPA vacuuming as long as manual methods which do not render the material nonintact are used to remove the material and no visible dust is created by the removal method used. In determining whether a job involves less than 25 square feet, the employer shall include all removal and repair work performed on the same roof on the same day.
2. A competent person shall evaluate the work area, the projected work practices and the engineering controls, and shall certify in writing, that the different or modified controls are adequate to reduce direct and indirect employee exposure to below the PELs under all expected conditions of use and that the method meets the requirements of this standard. The evaluation shall include and be based on data representing employee exposure during the use of such method under conditions which closely resemble the conditions under which the method is to be used for the current job, and by employees whose training and experience are equivalent to employees who are to perform the current job.
(C) Where the disturbance involves drilling, cutting, abrading, sanding, chipping, breaking, or sawing of thermal system insulation or surfacing material, the employer shall use impermeable dropcloths, and shall isolate the operation using mini-enclosures or glove bag systems pursuant to subsection (g)(5) of this section or another isolation method.
(D) Where the employer does not produce a “negative exposure assessment” for a job, or where monitoring results show the PEL has been exceeded, the employer shall contain the area using impermeable dropcloths and plastic barriers or their equivalent, or shall isolate the operation using a control system listed in and in compliance with subsection (g)(5) of this section.
(E) Employees performing Class III jobs, which involve the disturbance of thermal system insulation or surfacing material, or where the employer does not produce a “negative exposure assessment” or where monitoring results show a PEL has been exceeded, shall wear respirators which are selected, used and fitted pursuant to provisions of subsection (h) of this section.
(10) Class IV asbestos work. Class IV asbestos jobs shall be conducted by employees trained pursuant to the asbestos awareness training program set out in subsection (k)(9) of this section. In addition, all Class IV jobs shall be conducted in conformity with the requirements set out in subsection (g)(1) of this section, mandating wet methods, HEPA vacuums, and prompt clean up of debris containing ACM or PACM.
(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 subsection (g)(11) when installing, removing, repairing, or maintaining intact pipeline asphaltic wrap, or roof cements, mastics, coatings, or 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 subsection (g)(11), or if during the course of the job the material does not remain intact, the provisions of subsection (g)(8) of this section apply instead of this subsection (g)(11).
(A) Before work begins and as needed during the job, a competent person who is capable of identifying asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, and who has the authority to take prompt corrective measures to eliminate such hazards, shall conduct an inspection of the worksite and determine that the roofing material is intact and will likely remain intact.
(D) Material that has been removed from a roof shall not be dropped or thrown to the ground. Unless the material is carried or passed to the ground by hand, it shall be lowered to the ground via covered, dust-tight chute, crane or hoist. All such material shall be removed from the roof as soon as is practicable, but in any event no later than the end of the work shift.
(E) Where roofing products which have been labeled as containing asbestos pursuant to subsection (k)(8) of this section are installed on non-residential roofs during operations covered by this subsection (g)(11), the employer shall notify the building owner of the presence and location of such materials no later than the end of the job.
(B) No employee shall be assigned to asbestos work that requires respirator use if, based on their most recent medical examination, the examining physician determines that the employee will be unable to function normally while using a respirator, or that the safety or health of the employee or other employees will be impaired by the employee's respirator use. Such employees must be assigned to another job or given the opportunity to transfer to a different position that they can perform. If such a transfer position is available, it must be with the same employer, in the same geographic area, and with the same seniority, status, rate of pay, and other job benefits the employee had just prior to such transfer.
(E) In addition to the above selection criteria, when employees are in a regulated area where Class I work is being performed, a negative exposure assessment of the area has not been produced, and the exposure assessment of the area indicates the exposure level will exceed 1 f/cc as an 8-hour time weighted average, employers must provide the employees with a full facepiece supplied-air respirator operated in the pressure-demand mode and equipped with an auxiliary positive pressure self-contained breathing apparatus. When the exposure assessment of the area indicates the exposure level will not exceed 1 f/cc as an 8-hour time weighted average, employers must provide the employees with one of the following respirators:
(1) General. The employer shall provide or require the use of protective clothing, such as coveralls or similar whole-body clothing, head coverings, gloves, and foot coverings for any employee exposed to airborne concentrations of asbestos that exceed the TWA and/or excursion limit prescribed in subsection (c) of this section, or for which a required negative exposure assessment is not produced, and for any employee performing Class I operations which involve the removal of over 25 linear or 10 square feet of TSI or surfacing ACM and PACM. The employer shall prohibit the removal of asbestos from protective clothing and equipment by blowing, shaking, or brushing.
(B) Any employer who gives contaminated clothing to another person for laundering shall inform such person of the requirement in subsection (i)(2)(A) of this section to effectively prevent the release of airborne asbestos in excess of the TWA and excursion limit prescribed in subsection (c) of this section.
(A) Decontamination areas: the employer shall establish a decontamination area that is adjacent and connected to the regulated area for the decontamination of such employees. The decontamination area shall consist of an equipment room, shower area, and clean room in series. The employer shall ensure that employees enter and exit the regulated area through the decontamination area.
2. Shower area. Shower facilities shall be provided which comply with Section 3366(f) of the General Industry Safety Orders, unless the employer can demonstrate that they are not feasible. The showers shall be adjacent both to the equipment room and the clean room, unless the employer can demonstrate that this location is not feasible. Where the employer can demonstrate that it is not feasible to locate the shower between the equipment room and the clean room, or where the work is performed outdoors, the employers shall ensure that employees:
3. Clean change room. The clean room shall be equipped with a locker or appropriate storage container for each employee's use. When the employer can demonstrate that it is not feasible to provide a clean change area adjacent to the work area or where the work is performed outdoors, the employer may permit employees engaged in Class I asbestos jobs to clean their protective clothing with a portable HEPA-equipped vacuum before such employees leave the regulated area. Following showering, such employees however must then change into street clothing in clean change areas provided by the employer which otherwise meet the requirements of this section.
(A) The employer shall establish an equipment room or area that is adjacent to the regulated area for the decontamination of employees and their equipment which is contaminated with asbestos which shall consist of an area covered by a impermeable drop cloth on the floor or horizontal working surface.
(3) Requirements for Class IV work. Employers shall ensure that employees performing Class IV work within a regulated area comply with the hygiene practice required of employees performing work which has a higher classification within that regulated area. Otherwise employers of employees cleaning up debris and material which is TSI or surfacing ACM or identified as PACM shall provide decontamination facilities for such employees which are required by subsection (j)(2) of this section.
(A) This section applies to the communication of information concerning asbestos hazards in construction activities to facilitate compliance with this standard. Most asbestos-related construction activities involve previously installed building materials. Building owners often are the only and/or best sources of information concerning them. Therefore, they, along with employers of potentially exposed employees, are assigned specific information conveying and retention duties under this section. Installed Asbestos Containing Building Material. Employers and building owners shall identify TSI and sprayed or troweled on surfacing materials in buildings as asbestos-containing, unless they determine in compliance with subsection (k)(5) of this section that the material is not asbestos-containing. Asphalt and vinyl flooring material installed no later than 1980 must also be considered as asbestos containing unless the employer, pursuant to subsection (g)(8)(A)9. of this section determines that it is not asbestos-containing. If the employer/building owner has actual knowledge, or should have known through the exercise of due diligence, that other materials are asbestos-containing, they too must be treated as such. When communicating information to employees pursuant to this standard, owners and employers shall identify “PACM” as ACM. Additional requirements relating to communication of asbestos work on multi-employer worksites are set out in subsection (d) of this section.
(B) The employer shall include asbestos in the program established to comply with the Hazard Communication Standard (HCS) (Section 5194). The employer shall ensure that each employee has access to labels on containers of asbestos and safety data sheets, and is trained in accordance with the provisions of HCS and subsections (k)(9) and (10) of this section. The employer shall provide information on at least the following hazards: Cancer and lung effects.
(B) Building and/or facility owners shall notify the following persons of the presence, location and quantity of ACM or PACM, at the work sites in their buildings and facilities. Notification either shall be in writing, or shall consist of a personal communication between the owner and the person to whom notification must be given or their authorized representatives:
(C) Within 10 days of the completion of such work, the employer whose employees have performed work subject to this standard, shall inform the building/facility owner and employers of employees who will be working in the area of the current location and quantity of PACM and/or ACM remaining in the area and final monitoring results, if any.
(4) In addition to the above requirements, all employers who discover ACM and/or PACM on a worksite shall convey information concerning the presence, location and quantity of such newly discovered ACM and/or PACM to the owner and to other employers of employees working at the work site, within 24 hours of the discovery.
(A) At any time, an employer and/or building owner may demonstrate, for purposes of this standard, that PACM does not contain asbestos. Building owners and/or employers are not required to communicate information about the presence of building material for which such a demonstration pursuant to the requirements of subsection (k)(5)(B) of this section has been made. However, in all such cases, the information, data and analysis supporting the determination that PACM does not contain asbestos, shall be retained pursuant to subsection (n) of this section.
2. Performing tests of the material containing PACM which demonstrate that no ACM is present in the material. Such tests shall include analysis of bulk samples collected in the manner described in 40 CFR 763.86. The tests, evaluation and sample collection shall be conducted by an accredited inspector or by a CIH. Analysis of samples shall be performed by persons or laboratories with proficiency demonstrated by current successful participation in a nationally recognized testing program such as the National Voluntary Laboratory Accreditation Program (NVLAP) or the National Institute for Standards and Technology (NIST) or the Round Robin for bulk samples administered by the American Industrial Hygiene Association (AIHA) or an equivalent nationally-recognized round robin testing program.
(6) At the entrance to mechanical rooms/areas in which employees reasonably can be expected to enter and which contain thermal system insulation and surfacing ACM and/or PACM, the building owner shall post signs which identify the material which is present, its location, and appropriate work practices which, if followed, will ensure that ACM and/or PACM will not be disturbed. The employer shall ensure, to the extent feasible, that employees who come in contact with these signs can comprehend them. Means to ensure employee comprehension may include the use of foreign languages, pictographs, graphics, and awareness training.
(A) Warning signs that demarcate the regulated area shall be provided and displayed at each location where a regulated area is required to be established by subsection (e) of this section. Signs shall be posted at such a distance from such a location that an employee may read the signs and take necessary protective steps before entering the area marked by the signs.
DANGER
ASBESTOS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AUTHORIZED PERSONNEL ONLYWEAR RESPIRATORY PROTECTION AND
PROTECTIVE CLOTHING IN THIS AREADANGER
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLYRESPIRATORS AND PROTECTIVE CLOTHING
ARE REQUIRED IN THIS AREADANGER
CONTAINS ASBESTOS FIBERS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
DO NOT BREATHE DUST
AVOID CREATING DUST(D) 1. Prior to June 1, 2015, employers may include the following information on raw materials, mixtures or labels of bags or containers of protective clothing and equipment, scrap, waste, and debris containing asbestos fibers in lieu of the labeling requirements in subsections (k)(8)(B) and (k)(8)(C) of this section:
DANGER
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD1. Asbestos fibers have been modified by a bonding agent, coating, binder, or other material, provided that the manufacturer can demonstrate that, during any reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no airborne concentrations of asbestos fibers in excess of the permissible exposure limit and/or excursion limit will be released, or
Note: Section 5194 of the General Industry Safety Orders requires that manufactured and imported products containing more than 0.1% asbestos by weight be labeled with an appropriate warning. The exemptions specified in subsection (k)(7)(E) only apply to waste products or waste containers.
(F) When a building owner/or employer identifies previously installed PACM and/or ACM, labels or signs shall be affixed or posted so that employees will be notified of what materials contain PACM and/or ACM. The employer shall attach such labels in areas where they will clearly be noticed by employees who are likely to be exposed, such as at the entrance to mechanical room/areas. Signs required by subsection (k)(6) of this section may be posted in lieu of labels so long as they contain information required for labelling. The employer shall ensure, to the extent feasible, that employees who come in contact with these signs or labels can comprehend them. Means to ensure employee comprehension may include the use of foreign languages, pictographs, graphics, and awareness training.
(B) Training shall be provided prior to or at the time of initial assignment and at least annually thereafter. Employees engaged in asbestos-related work that requires employer registration under Section 341.6 or engaged in asbestos cement pipe operations as defined in subsection (r), shall be trained and certified by a Division approved training provider. To be approved by the Division, training providers shall (1) apply to the Division for course approval and (2) pay fees covering the cost of the approval process to the Division as specified in regulations promulgated by the Division pursuant to the provisions of Chapter 3.5 (beginning with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(C) Training for Class I operations and for Class II operations that require the use of critical barriers (or equivalent isolation methods) and/or negative pressure enclosures under this section shall be the equivalent in curriculum training method and length to the EPA Model Accreditation Plan (MAP) asbestos abatement workers training (40 CFR Part 763, Subpart E, Appendix C).
1. For work with asbestos containing material involving roofing materials, flooring materials, siding materials, ceiling tiles, or transite panels, training shall include at a minimum all the elements included in subsection (k)(9)(H) of this section and in addition, the specific work practices and engineering controls set forth in subsection (g) of this section which specifically relate to that category. Such course shall include “hands-on” training and shall take at least 8 hours.
3. For Class II operations not involving the categories of material specified in subsection (k)(9)(D)1. of this section, training shall be provided which shall include at a minimum all the elements included in subsection (k)(9)(H) of this section and in addition, the specific work practices and engineering controls set forth in subsection (g) of this section which specifically relate to the category of material being removed, and shall include “hands-on” training in the work practices applicable to each category of material that the employee removes and each removal method that the employee uses.
Exception: For Class III operations for which the competent person determines that the EPA curriculum does not adequately cover the training needed to perform that activity, training shall include as a minimum all the elements included in subsection (k)(9)(H) of this section and in addition, the specific work practices and engineering controls set forth in subsection (g) of this section which specifically relate to that activity, and shall include “hands-on” training in the work practices applicable to each category of material that the employee disturbs.
(F) Training for employees performing Class IV operations shall be consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(1). Such a course shall include available information concerning the locations of thermal system insulation and surfacing ACM/PACM, and asbestos-containing flooring material, or flooring material where the absence of asbestos has not yet been certified; and instruction in recognition of damage, deterioration, and delamination of asbestos containing building materials. Such course shall take at least 2 hours.
4. The nature of operations that could result in exposure to asbestos, the importance of necessary protective controls to minimize exposure including, as applicable, engineering controls, work practices, respirators, housekeeping procedures, hygiene facilities, protective clothing, decontamination procedures, emergency procedures, and waste disposal procedures, and any necessary instruction in the use of these controls and procedures where Class III and IV work will be or is performed, the contents of EPA 20T-2003, “Managing Asbestos In-Place” July 1990 or its equivalent in content;
9. The names, addresses and phone numbers of public health organizations which provide information, materials and/or conduct programs concerning smoking cessation. The employer may distribute the list of such organizations contained in Appendix J to this section, to comply with this requirement; and
(C) The employer shall inform all employees concerning the availability of self-help smoking cessation program material. Upon employee request, the employer shall distribute such material, consisting of NIH Publication No. 89-1647, or equivalent self-help material, which is approved or published by a public health organization listed in Appendix J to this section.
(2) Waste disposal. Asbestos waste, scrap, debris, bags, containers, equipment, and contaminated clothing consigned for disposal shall be collected and disposed of in sealed, labeled, impermeable bags or other closed, labeled, impermeable containers except in roofing operations, where the procedures specified in subsection (g)(8)(B) of this section apply.
1. The employer shall institute a medical surveillance program for all employees who, for a combined total of 30 or more days per year, are engaged in Class I, II and III work or are exposed at or above the permissible exposure limit. For purposes of this paragraph, any day in which a worker engages in Class II or Class III operations or a combination thereof on intact material for one hour or less (taking into account the entire time spent on the removal operation, including cleanup) and, while doing so, adheres fully to the work practices specified in this standard, shall not be counted.
2. When the employee is assigned to an area where exposure to asbestos may be at or above the permissible exposure limit for 30 or more days per year, or engage in Class I, II or III work for a combined total of 30 or more days per year, a medical examination must be given within 10 working days following the thirtieth day of exposure;
6. Employers shall provide a medical examination at the termination of employment for any employee who has been exposed to airborne concentrations of asbestos at or above the permissible exposure limit and/or excursion limit. The medical examination shall be given within 30 calendar days before or after the date of termination of employment.
3. A physical examination directed to the pulmonary and gastrointestinal systems, including a chest roentgenogram to be administered in accordance with Table 2 below, and pulmonary function tests of forced vital capacity (FVC) and forced expiratory volume at one second (FEV(1)). Interpretation and classification of chest roentgenograms shall be conducted in accordance with Appendix E to this section.
(A) Where the employer has relied on objective data that demonstrates that products made from or containing asbestos or the activity involving such products or material are not capable of releasing fibers of asbestos in concentrations at or above the permissible exposure limit and/or excursion limit under the expected conditions of processing, use, or handling to satisfy the requirements of subsection (f), the employer shall establish and maintain an accurate record of objective data reasonably relied upon in support of the exemption.
Note: The employer my utilize the services of competent organizations such as industry trade associations and employee associations to maintain the records required by this section.
(6) Records of Required Notifications. Where the building owner has communicated and received information concerning the identification, location and quantity of ACM and PACM, written records of such notifications and their content shall be maintained by the building owner for the duration of ownership and shall be transferred to successive owners of such buildings/facilities.
(B) The employer, upon request, shall make any exposure records required by subsections (f) and (n) of this section available for examination and copying to affected employees, former employees, designated representatives, and the Chief, in accordance with Section 3204 of the General Industry Safety Orders.
(C) The employer, upon request, shall make employee medical records required by subsections (m) and (n) of this section available for examination and copying to the subject employee, anyone having the specific written consent of the subject employee, and the Chief, in accordance with Section 3204 of the General Industry Safety Orders.
(3) Additional Inspections. In addition, the competent person shall make frequent and regular inspections of the job sites, in order to perform the duties set out below in subsection (o)(3)(A). For Class I jobs, on-site inspections shall be made at least once during each work shift, and at any time at employee request. For Class II, III and IV jobs, on-site inspections shall be made at intervals sufficient to assess whether conditions have changed, and at any reasonable time at employee request.
(A) For Class I, and II asbestos work the competent person shall be trained in all aspects of asbestos removal and handling, including: abatement, installation, removal and handling; the contents of this standard; the identification of asbestos; removal procedures, where appropriate; and other practices for reducing the hazard. Such training shall be obtained in a comprehensive course for supervisors, that meets the criteria of EPA's Model Accredited Plan (40 CFR Part 763, Subpart E. Appendix C), such as a course conducted by an EPA-approved or state approved training provider, certified by EPA or a state, or a course equivalent in stringency, content and length.
(B) For Class III and IV asbestos work, the competent person shall be trained in aspects of asbestos handling appropriate for the nature of the work, to include procedures for setting up glove bags and mini-enclosures, practices for reducing asbestos exposures, use of wet methods, the contents of this standard, and the identification of asbestos. Such training shall include successful completion of a course that is consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2), or its equivalent in stringency, content, and length. Competent persons for Class III and IV work, may also be trained pursuant to the requirements of subsection (o)(4)(A) of this section.
“Asbestos consultant” means any person who contracts to provide professional health and safety services relating to asbestos- containing construction material as defined in this subsection, which comprises 100 square feet or more of surface area. The activities of an asbestos consultant include building inspection, abatement project design, contract administration, sample collection, preparation of asbestos management plans, clearance monitoring, and supervision of site surveillance technicians as defined in this subsection.
“Asbestos-containing construction material” means any manufactured construction material which contains more than one tenth of 1 percent asbestos by weight.
“Certified asbestos consultant” means any asbestos consultant certified by the Division pursuant to this section.
“Certified site surveillance technician” means any surveillance technician certified by the Division pursuant to the section.
“Division” means the Division of Occupational Safety and Health of the California Department of Industrial Relations.
“Site surveillance technician” means any person who acts as an independent on-site representative of an asbestos consultant. The site surveillance technician monitors the asbestos abatement activities of others, provides asbestos air monitoring services for area and personal samples, and performs building surveys and contract administration at the direction of an asbestos consultant.
“State-of-the-art” means all asbestos abatement and control work procedures currently in use which have been demonstrated to be the most effective, reliable, and protective of workers health. As new procedures are developed which demonstrate greater effectiveness, reliability, and worker protection and thereby come into use, they become state-of-the-art.
To obtain certification, an asbestos consultant must apply to the Division and complete all application requirements specified in Section 341.15. In order to qualify as an asbestos consultant, the applicant must meet all of the following requirements:
3. The regulatory requirements of the Division, the Federal Occupational Safety and Health Administration, the U.S. Environmental Protection Agency, air quality management districts, and the Department of Health Services, including protective clothing, respiratory protection, exposure limits, personal hygiene, medical monitoring, disposal, and general industry safety hazards;
5. Federal Asbestos Hazard Emergency Response Act training information and procedures for inspectors, management planners, and supervisors, as provided for under Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code, or the equivalent, as determined by the Division; and
To obtain certification, a site surveillance technician must apply to the Division and complete all application requirements specified in Section 341.15. In order to qualify as a site surveillance technician, the applicant must meet all of the following requirements:
3. The regulatory requirements of the Division, the Federal Occupational Safety and Health Administration, the U.S. Environmental Protection Agency, air quality management districts, and the Department of Health Services, including protective clothing, respiratory protection, exposure limits, personal hygiene, medical monitoring, disposal, and general industry safety hazards;
“Asbestos-containing construction material” means any manufactured construction material which contains more than one tenth of 1 percent asbestos by weight.
“Asbestos-related work” means any activity which by disturbing asbestos-containing construction materials may release asbestos fibers into the air and which is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials, or the installation or repair of automotive materials containing asbestos. Asbestos-related work does not include the installation, repair, maintenance, or nondestructive removal of asbestos cement pipe used outside of buildings if the work operations do not result in employee exposures to asbestos in excess of 0.1 fibers per cubic centimeter of air (f/cc) as an 8-hour time-weighted average and the employees and supervisors involved in the work operations are trained and certified by an asbestos cement pipe training program which is approved by the Division.
Note: Employers registered with the Chief in accordance with Sections 341.6 to 341.9 for the purpose of conducting asbestos-related work involving over 100 square feet, as defined in Section 341.6(a), of asbestos-containing construction material shall be deemed to be in compliance with section 5203 for the asbestos-related work requiring registration. Except that emergencies as defined in section 5203(a) must be reported as required in section 5203(f).
Exception: An employer need not register all the materials containing asbestos if objective data demonstrates that during all reasonably foreseeable uses, handling, storage, disposal, processing, or transportation, no airborne concentrations of asbestos fibers in excess of the permissible exposure limit and/or excursion limit will be released. The objective data shall include at least those elements specified in subsection (n)(1) of this section.
Credits
Note: Authority cited: Sections 142.3, 6501.5, 9020, 9021.5, 9021.9, 9030 and 9040, Labor Code. Reference: Sections 142.3, 6501.5, 6501.7, 6501.8, 6501.9, 6502, 9003, 9004(b), 9005, 9006, 9009, 9020, 9021.5, 9021.9, 9030 and 9040, Labor Code; Section 25910, Health and Safety Code; and Sections 7180, 7180.5, 7181, 7182, 7183, 7183.5, 7184, 7185, 7187, 7189, 7189.5 and 7189.7, Business and Professions Code.
History
1. New section filed 2-15-91; operative 2-15-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 19).
2. Editorial correction of History 1. (Register 91, No. 45).
3. Amendment of subsection (b) and Note and adoption of subsections (o)(6)-(o)(8) and (t) filed 1-21-92 as an emergency; operative 2-20-92 (Register 92, No. 13).
4. Change without regulatory effect amending definition of chief in subsection (b) filed 3-4-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 19).
5. Amendment of subsection (c)(1) filed 5-1-95; operative 5-31-95 (Register 95, No. 18).
6. Editorial correction of subsection (b) (Register 95, No. 41).
7. Change without regulatory effect deleting duplicate “Certified supervisor” definition filed 12-21-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 51).
8. Repealer and new section filed 5-3-96; operative 7-3-96 (Register 96, No. 18).
9. Amendment of subsections (k)(9)(B), (q)(2)-(3) and (r)(1) definition of “Asbestos-related work,” and amendment of Note filed 2-5-97; operative 3-7-97 (Register 97, No. 6).
10. New subsection (h)(2)(F), amendment of subsections (k)(6), (k)(8)(F) and (k)(9)(C)-(k)(9)(D)1., new (k)(9)(D)2.-3. and amendment of subsections (k)(9)(E) and (m)(1)(A)1. filed 10-3-97; operative 10-3-97. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 97, No. 40).
11. Amendment of former subsections (h)(1)-(h)(4)(B) including subsection renumbering and relettering resulting in newly designated subsections (h)(1)-(h)(3)(D)3. filed 8-25-98; operative 11-23-98 (Register 98, No. 35).
12. Amendment of subsections (r)-(r)(2), repealer of subsection (r)(2)(A), Note 1. and Note 2. designator, amendment of former Note 2., and repealer of subsections (r)(2)(B)-(r)(2)(B)1. and (r)(2)(B)2.-(r)(5) filed 7-6-99; operative 8-5-99 (Register 99, No. 28).
13. Change without regulatory effect amending subsections (h)(3)(D)2.-3. filed 12-20-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 52).
14. Amendment of subsection (g)(5) filed 3-22-2004; operative 3-22-2004. Submitted to OAL for printing only. This filing is necessary to correct a discrepancy between this section and the corresponding federal regulation, 29 CFR 1926.1101, and is not subject to Articles 5 and 6 of the Administrative Procedure Act pursuant to subdivision (a)(3) of Labor Code section 142.3 (Register 2004, No. 13).
15. Amendment of subsection (f)(5)(A) and repealer of subsection (g)(6)(C) filed 7-28-2005; operative 7-28-2005. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2005, No. 30).
16. Amendment of subsections (h)(3)(A), new subsection (h)(3)(B), subsection relettering and amendment of newly designated subsections (h)(3)(C), (h)(3)(D), (h)(3)(E) and (h)(3)(E)2.-3. filed 3-6-2007; operative 3-6-2007. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2007, No. 10).
17. Amendment of subsection (k)(1), new subsections (k)(1)(A)-(B), amendment of subsections (k)(7)(B)1.-2., new subsections (k)(7)(B)3.-4., repealer and new subsections (k)(8)(B)-(C), new subsection (k)(8)(D)1. and redesignation of former subsection (k)(8)(D) as new subsection (k)(8)(D)2. filed 5-6-2013; operative 5-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 19).
18. Amendment of subsection (k)(1), new subsections (k)(1)(A)-(B), amendment of subsections (k)(7)(B)1.-2., new subsections (k)(7)(B)3.-4., repealer and new subsections (k)(8)(B)-(C), new subsection (k)(8)(D)1. and redesignation of former subsection (k)(8)(D) as new subsection (k)(8)(D)2. refiled 11-6-2013; operative 11-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 45).
19. Repealer of 11-6-2013 order by operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No. 19).
20. Amendment of subsection (k)(1), new subsections (k)(1)(A)-(B), amendment of subsections (k)(7)(B)1.-2., new subsections (k)(7)(B)3.-4., repealer and new subsections (k)(8)(B)-(C), new subsection (k)(8)(D)1. and redesignation of former subsection (k)(8)(D) as new subsection (k)(8)(D)2. filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).
21. Editorial correction of formatting of subsection (g)(4)(D) (Register 2015, No. 37).
This database is current through 9/20/24 Register 2024, No. 38.
Cal. Admin. Code tit. 8, § 1529, 8 CA ADC § 1529
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