WSR 99-17-026

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed August 10, 1999, 4:18 p.m. , effective November 10, 1999 ]

Date of Adoption: August 10, 1999.

Purpose: Changes adopted in chapters 296-62 WAC, Part I-1, and WAC 296-65, incorporate new OSHA changes to the scope of the federal construction and shipyard standards; add existing OSHA requirements; clarify existing WISHA requirements; correct errors; and eliminate two interim department policies.

Citation of Existing Rules Affected by this Order: WAC 296-62, General occupational health standards, WAC 296-62-07701 Scope and application, 296-62-07703 Definitions, 296-62-07709 Exposure assessment and monitoring, 296-62-07712 Requirements for asbestos activities in construction and shipyard work, 296-62-07713 Methods of compliance for asbestos activities in general industry, 296-62-07721 Communication of hazards to employees, 296-62-07722 Employee information and training, 296-62-07728 Competent person, 296-62-07735 Appendix A--WISHA reference method--Mandatory, and 296-62-07737 Appendix B--Detailed procedures for asbestos sampling and analysis--Nonmandatory.

WAC 296-65, Asbestos removal and encapsulation, WAC 296-65-003 Definitions, 296-65-010 Asbestos worker certification, 296-65-012 Asbestos supervisor certification, 296-65-020 Notification requirements, 296-65-025 Fees, and 296-65-030 Methods of compliance.

Other regulations related to WISHA's asbestos rules include:

OSHA rules in 29 C.F.R. 1910.1001, 29 C.F.R. 1915.1001, and 29 C.F.R. 1926.1101.
EPA rules in 40 C.F.R. Part 763.
RCW 49.26.

Statutory Authority for Adoption: RCW 49.17.040, 49.17.050, 49.26.040, and 49.26.130.

Adopted under notice filed as WSR 99-08-071 on April 5, 1999.

Changes Other than Editing from Proposed to Adopted Version:

WAC 296-62-07709 Exposure assessment and monitoring.

In subsection (3)(c), deleted the phrase "of this section."
In subsection (3)(c), moved the requirement for monitoring outside negative-pressure enclosures from subsection (3)(c)(iv) to subsection (3)(e). This is a different type of monitoring and not part of periodic monitoring. The subsections following (3)(e) are lettered appropriately.
WAC 296-62-07712 Requirements for asbestos activities in construction and shipyard work.

In subsection (9)(d), we corrected a reference by changing "(9)(a) and (b)" to "(2)." Also, we clarified the requirements by moving the language from 9 (b)(iii) to (9)(c).

WAC 296-62-07713 Methods of compliance for asbestos activities in general industry.

In subsection (1)(g), we changed the sentence to make it easier to understand.

WAC 296-62-07722 Employee information and training.

In subsection (3)(ii)(C), we added the phrase "done in accordance with training" to clarify that the department approves the training - not the work.
Based on a public comment, we made the following changes in subsection (4)(b):

Rewrote the exception to 16-hour training for Class III work, making it easier to understand.
Moved the exception into subsection (4)(b)(i) so that all of the basic requirements related to how much training is required are together.
Moved all of the requirements about what must be included in the 16-hour training to subsection (4)(b)(ii).
Added the word "is."
Made subsections (4)(a), (b) and (c) consistent. Under each of these subsections,
&sqbul; item (i) contains the how many hours of training is required and any exceptions, and
&sqbul; item (ii) contains what must be included in a particular training course.
&sqbul; In subsection (4)(b) and (c), we also added "maintenance and custodial work in building containing asbestos-containing materials" into the titles, making them consistent. This also clarifies that workers doing this type of work may not be maintenance and custodial workers.
WAC 206-62-07728 Competent person.

In subsection (5)(b)(ii), we removed the phrase, "and asbestos work exempted from certification requirements in WAC 296-65," based on public comment. This makes the rule consistent with RCW 49.26.115 Asbestos abatement projects.
In subsections (5)(a) and (5)(b)(ii), we added bullet points to list the training requirements and make them easier to understand.
WAC 296-65-020 Notification requirements.

In subsection (1), we also added the phrase "as defined in WAC 296-62-07722 and 296-65-003" to include the exceptions deleted from the definition of asbestos project. This was inadvertently left out of proposal.
In subsection (1)(e), we added the phrase "for asbestos removal" to clarify how contract dates must correspond to dates in the notice.
In subsection (1)(e), we also changed the wording to indicate that all notices may be sent to the department by facsimile.
WAC 296-65-030 Methods of compliance.

We made the following changes based on public comments.

In subsection (2), we moved the word "linear" to the correct place in the sentence.
In subsection (4), we added a reference in subsection (4) to include the exceptions that were deleted from the asbestos project definition. This change is based on public comment.
In subsection (5), we changed the wording of the second sentence to make it easier to understand. This change is based on public comment.
In subsection (5), we added the word "be" to correct a grammatical error in the proposal.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 16, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 16, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 16, Repealed 0. Effective Date of Rule: November 10, 1999.

July 30, 1999

Gary Moore

Director

OTS-2947.5


AMENDATORY SECTION(Amending WSR 97-01-079, filed 12/17/96, effective 3/1/97)

WAC 296-62-07701
Scope and application.

(1) WAC 296-62-07701 through 296-62-07753 applies to all occupational exposures to asbestos in all industries covered by ((the)) RCW 49.17, Washington Industrial Safety and Health Act and RCW 49.26, Health and Safety--Asbestos.

(2) This ((section does apply)) part applies to construction work as defined in WAC 296-155-012 except for work involving asbestos-containing asphalt roof coatings, cements, and mastics. The exception for roofing materials does not apply to asphalt coated asbestos felting and similar built-up roofing.

(3) This ((section does apply)) part applies to ship repairing, shipbuilding and shipbreaking employments and related employments as defined in WAC 296-304-01001 except for work involving asbestos-containing asphalt roof coatings, cements, and mastics. The exception for roofing materials does not apply to asphalt coated asbestos felting and similar built-up roofing.

[Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  97-01-079, 296-62-07701, filed 12/17/96, effective 3/1/97.  Statutory Authority: RCW 49.17.  87-24-051 (Order 87-24), 296-62-07701, filed 11/30/87.  Statutory Authority: RCW 49.17.050(2) and RCW 49.17.040.  87-10-008 (Order 87-06), 296-62-07701, filed 4/27/87.]


AMENDATORY SECTION(Amending WSR 97-01-079, filed 12/17/96, effective 3/1/97)

WAC 296-62-07703
Definitions.

For the purpose of WAC 296-62-07701 through 296-62-07753:

Accredited inspector means any person meeting the accreditation requirements of the Federal Toxic Substance Control Act, Section 206(a)(1) and (3).  15 U.S.C. 2646(a)(1) and (3).

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 have been chemically treated and/or altered.

For purposes of this standard, "asbestos" includes PACM, as defined below.

Asbestos abatement project means an asbestos project involving three square feet or three linear feet, or more, of asbestos-containing material.

Asbestos-containing material (ACM) means any material containing more than 1% asbestos.

Asbestos project(( - definition as stated in WAC 296-65-003)) includes the construction, demolition, repair, remodeling, maintenance or renovation of any public or private building or structure, mechanical piping equipment or system involving the demolition, removal, encapsulation, salvage, or disposal of material or outdoor activity releasing or likely to release asbestos fibers into the air.

Authorized person means any person authorized by the employer and required by work duties to be present in regulated areas.

Building/facility/vessel owner means any legal entity or person who owns any public or private building, vessel, structure, facility, or mechanical system or the remnants thereof, including the agent of such person, but does not include individuals who work on asbestos projects in their own single-family residences, no part of which is used for commercial purposes.  Also included is any lessee, who exercises control over management and record keeping functions relating to a building, vessel, and/or facility in which activities covered by this standard takes place.

Certified asbestos supervisor means an individual certified by the department under WAC 296-65-012.

Certified asbestos worker means an individual certified by the department under WAC 296-65-010.

Certified industrial hygienist (CIH) means one certified in the practice of industrial hygiene by the American Board of Industrial Hygiene.

Class I asbestos work means activities involving the removal of thermal system insulation or surfacing ACM/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, may 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 the definition in WAC 296-62-07728, 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 as specified in WAC 296-62-07728.  The competent person shall be certified as an asbestos supervisor in compliance with WAC 296-65-030(3) and 296-65-012 for Class I and Class II work, and for Class III and Class IV work involving 3 square feet or 3 linear feet or more of asbestos-containing material.  For Class III and Class IV work, involving less than 3 square feet or 3 linear feet, the competent person shall be trained in an operations and maintenance (O&M) course which meets the criteria of EPA (40 CFR 763.92(a)(2)).

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 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.  Where feasible, asbestos-containing materials shall be removed from all structures prior to the commencement of any demolition activity as per WAC 296-155-775(9).

Department means the department of labor and industries.

Director means the director of the department of labor and industries or his/her authorized representative.

Director of NIOSH means the Director, National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee.

Disturb or disturbance ((means)) refers to activities that disrupt the matrix of ACM or PACM, crumble or pulverize ACM or PACM, or generate visible debris from ACM or PACM.  This term includes activities that disrupt the matrix of ACM or PACM, render ACM or PACM friable, or generate visible debris.  Disturbance includes cutting away small amounts of ACM or PACM, no greater than the amount ((which)) that can be contained in one standard size glove bag or waste bag in order to access a building or vessel 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, five micrometers or longer, with a length-to-diameter ratio of at least three to one.

Glove bag means not more than a 60 x 60 inch impervious plastic bag-like enclosure affixed around an 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 monodispersed particles of 0.3 micrometers mean aerodynamic diameter or larger.

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. Friable ACM that is disturbed, as defined in this part, is presumed to be no longer intact.

Modification for the purpose of WAC 296-62-07712 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 the purposes of WAC 296-62-07712.

Negative initial exposure assessment means a demonstration by the employer (which complies with the criteria in WAC 296-62-07709) 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, vessels, and vessel sections constructed no later than 1980.  The designation of a material as "PACM" may be rebutted pursuant to WAC 296-62-07721.

Project designer means a person who has successfully completed the training requirements for an abatement project designer established by 40 U.S.C. 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 can reasonably be expected to exceed the permissible exposure limit.  Requirements for regulated areas are set out in WAC 296-62-07711.

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 vessel, vessel section, structure, or portion thereof.

Repair means overhauling, rebuilding, reconstructing, or reconditioning of vessels, vessel sections, structures or substrates, including encapsulation or other repair of ACM or PACM attached to vessels, vessel sections, 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, breaching, 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.

[Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  97-01-079, 296-62-07703, filed 12/17/96, effective 3/1/97.  Statutory Authority: RCW 49.17.  89-21-018 (Order 89-10), 296-62-07703, filed 10/10/89, effective 11/24/89; 89-11-035 (Order 89-03), 296-62-07703, filed 5/15/89, effective 6/30/89; 87-24-051 (Order 87-24), 296-62-07703, filed 11/30/87.  Statutory Authority: RCW 49.17.050(2) and RCW 49.17.040.  87-10-008 (Order 87-06), 296-62-07703, filed 4/27/87.]


AMENDATORY SECTION(Amending WSR 97-01-079, filed 12/17/96, effective 3/1/97)

WAC 296-62-07709
Exposure assessment and monitoring.

(1) General monitoring criteria.

(a) Each employer who has a workplace or work operation where exposure monitoring is required under this ((section shall)) part must perform monitoring to determine accurately the airborne concentrations of asbestos to which employees may be exposed.

(b) Determinations of employee exposure ((shall)) must be made from breathing zone air samples that are representative of the eight-hour TWA and thirty minute short-term exposures of each employee.

(c) Representative eight-hour TWA employee exposures ((shall)) must be determined on the basis of one or more samples representing full-shift exposure for each shift for each employee in each job classification in each work area.

(d) Representative thirty minute short-term employee exposures ((shall)) must be determined on the basis of one or more samples representing thirty minute exposures associated with operations that are most likely to produce exposures above the excursion limit for each shift for each job classification in each work area.

(2) Exposure monitoring requirements for all occupational exposures to asbestos in all industries covered by the Washington Industrial Safety and Health Act except construction work, as defined in WAC 296-155-012, and except ship repairing, shipbuilding and shipbreaking employments and related employments as defined in WAC 296-304-01001.

(a) Initial monitoring.

(i) Each employer who has a workplace or work operation covered by this standard, except as provided for in (a)(ii) and (iii) of this subsection, ((shall)) must perform initial monitoring of employees who are, or may reasonably be expected to be exposed to airborne concentrations at or above the TWA permissible exposure limit and/or excursion limit.  The initial monitoring ((shall)) must be at the initiation of each asbestos job to accurately determine the airborne concentration of asbestos to which employees may be exposed.

(ii) Where the employer or his/her representative has monitored after March 31, 1992, for the TWA permissible exposure limit and/or excursion limit, and the monitoring satisfies all other requirements of this section, and the monitoring data was obtained during work operations conducted under workplace conditions closely resembling the processes, type of material including percentage of asbestos, control methods, work practices, and environmental conditions used and prevailing in the employer's current operations, the employer may rely on such earlier monitoring results to satisfy the requirements of (a)(i) of this subsection.

(iii) Where the employer has relied upon objective data that demonstrates that asbestos is not capable of being released in airborne concentrations at or above the TWA permissible exposure limit and/or excursion limit under those work conditions of processing, use, or handling expected to have the greatest potential for releasing asbestos, then no initial monitoring is required.

(b) Monitoring frequency (periodic monitoring) and patterns.  After the initial determinations required by subsection (2)(a)(i) of this section, samples ((shall)) must be of such frequency and pattern as to represent with reasonable accuracy the levels of exposure of the employees.  ((In no case shall)) Sampling must not be at intervals greater than six months for employees whose exposures may reasonably be foreseen to exceed the TWA permissible exposure limit and/or excursion limit.

(c) Daily monitoring within regulated areas: The employer ((shall)) must conduct daily monitoring that is representative of the exposure of each employee who is assigned to work within a regulated area.  Exception: When all employees within a regulated area are equipped with full facepiece supplied-air respirators operated in the pressure-demand mode equipped with either an auxiliary positive pressure self-contained breathing apparatus or a HEPA filter, the employer may dispense with the daily monitoring required by this subsection.

(d) Changes in monitoring frequency.  If either the initial or the periodic monitoring required by subsection (2)(a) and (b) of this section statistically indicates that employee exposures are below the TWA permissible exposure limit and/or excursion limit, the employer may discontinue the monitoring for those employees whose exposures are represented by such monitoring.

(e) Additional monitoring.  Notwithstanding the provisions of subsection (2)(a)(ii) and (c) of this section, the employer ((shall)) must institute the exposure monitoring required under subsection (2)(a)(i) and (ii) of this section whenever there has been a change in the production, process, control equipment, personnel, or work practices that may result in new or additional exposures above the TWA 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 TWA permissible exposure limit and/or excursion limit.

(3) Exposure assessment monitoring requirements for all construction work as defined in WAC 296-155-012 and for all ship repairing, shipbuilding and shipbreaking employments and related employments as defined in WAC 296-304-01001.

(a) Initial exposure assessment.

(i) Each employer who has a workplace or work operation covered by this standard ((shall)) must 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 the requirements which are triggered by exposure data or 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.

(ii) Basis of initial exposure assessment: Unless a negative exposure assessment has been made ((pursuant)) according to (b) of this subsection, the initial exposure assessment ((shall)) must, if feasible, be based on monitoring conducted ((pursuant)) according to (b) of this subsection.  The assessment ((shall)) must 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)) according to (b) of this subsection, the employer ((shall)) must presume that employees are exposed in excess of the TWA and excursion limit.

(b) Negative exposure assessment: For any one specific asbestos job which will be performed by employees who have been trained in compliance with the standard, the employer may demonstrate that employee exposures will be below the PELs by data which conform to the following criteria:

(i) Objective data demonstrating that the products 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

(ii) 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 was obtained during work operations conducted under workplace conditions "closely resembling" the processes, type of material including percentage of asbestos, 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 or excursion limit; or

(iii) The results of initial exposure monitoring of the current job made from breathing zone 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((; or

(iv) Monitoring outside negative-pressure enclosures: The employer shall conduct representative area monitoring of the airborne fiber levels at least every other day at the HEPA machine exhaust and entrance to the decontamination area)).

(c) Periodic monitoring.

(i) Class I and Class II operations.  The employer ((shall)) must 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)) according to (b) of this subsection, has made a negative exposure assessment for the entire operation.

(ii) All operations under the standard other than Class I and II operations.  The employer ((shall)) must conduct periodic monitoring of all work where exposures are expected to exceed a PEL, at intervals sufficient to document the validity of the exposure prediction.

(iii) Exception.  When all employees required to be monitored daily are equipped with supplied-air respirators operated in the pressure demand mode, the employer may dispense with the daily monitoring required by subsection (2)(c) of this section.  However, employees performing Class I work using a control method which is not listed in WAC 296-62-07712 ((of this section)) or using a modification of a listed control method, ((shall)) must continue to be monitored daily even if they are equipped with supplied-air respirators.

(d) Termination of monitoring.  If the periodic monitoring required by (c) of this subsection 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.

(e) Monitoring outside negative-pressure enclosures: The employer must conduct representative area monitoring of the airborne fiber levels at least every other day at the HEPA machine exhaust and entrance to the decontamination area.

(f) Additional monitoring.  Notwithstanding the provisions of (b), (c), and (d) of this subsection, the employer ((shall)) must institute the exposure monitoring required under (c) of this subsection 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.

(((f) Prior to the start of the removal, demolition, or renovation project, representative area monitoring shall be conducted for later use)) (g) Preabatement monitoring. Prior to the start of asbestos work, representative area air monitoring must be conducted for comparison to clearance monitoring as required by WAC 296-62-07709 (3)(g). Preabatement air monitoring is not required for outdoor work (see WAC 296-62-07712 (5)(c)).

(h) Clearance monitoring. Representative area air monitoring must be taken at the completion of the asbestos work. Air sample results must be obtained before removal or reoccupancy of the regulated area. Clearance air monitoring is not required for outdoor asbestos work.

(4) Method of monitoring.

(a) All samples taken to satisfy the employee exposure monitoring requirements of this section ((shall)) must be personal samples collected following the procedures specified in WAC 296-62-07735, Appendix A.

(b) Monitoring ((shall)) must be performed by persons having a thorough understanding of monitoring principles and procedures and who can demonstrate proficiency in sampling techniques.

(c) All samples taken to satisfy the monitoring requirements of this section ((shall)) must be evaluated using the WISHA reference method specified in WAC 296-62-07735, Appendix A, or an equivalent counting method recognized by the department.

(d) If an equivalent method to the WISHA reference method is used, the employer ((shall)) must ensure that the method meets the following criteria:

(i) Replicate exposure data used to establish equivalency are collected in side-by-side field and laboratory comparisons; and

(ii) The comparison indicates that ninety percent of the samples collected in the range 0.5 to 2.0 times the permissible limit have an accuracy range of plus or minus twenty-five percent of the WISHA reference method results at a ninety-five percent confidence level as demonstrated by a statistically valid protocol; and

(iii) The equivalent method is documented and the results of the comparison testing are maintained.

(e) To satisfy the monitoring requirements of this section, employers must use the results of monitoring analysis performed by laboratories which have instituted quality assurance programs that include the elements as prescribed in WAC 296-62-07735, Appendix A.

(5) Employee notification of monitoring results.

(a) The employer ((shall)) must, as soon as possible but no later than within fifteen working days after the receipt of the results of any monitoring performed under the standard, notify the affected employees of these results in writing either individually or by posting of results in an appropriate location that is accessible to affected employees.

(b) The written notification required by (a) of this subsection ((shall)) must contain the corrective action being taken by the employer to reduce employee exposure to or below the TWA and/or excursion exposure limits, wherever monitoring results indicated that the TWA and/or excursion exposure limits had been exceeded.

(6) Observation of monitoring.

(a) The employer ((shall)) must provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to asbestos conducted in accordance with this section.

(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)) must be provided with and be required to use such clothing and equipment and shall comply with all other applicable safety and health procedures.

[Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  97-01-079, 296-62-07709, filed 12/17/96, effective 3/1/97.  Statutory Authority: RCW 49.17.  89-11-035 (Order 89-03), 296-62-07709, filed 5/15/89, effective 6/30/89; 87-24-051 (Order 87-24), 296-62-07709, filed 11/30/87.  Statutory Authority: RCW 49.17.050(2) and RCW 49.17.040.  87-10-008 (Order 87-06), 296-62-07709, filed 4/27/87.]


AMENDATORY SECTION(Amending WSR 97-19-014, filed 9/5/97, effective 11/5/97)

WAC 296-62-07712
Requirements for asbestos activities in construction and shipyard work.

(1) Methods of compliance, the following engineering controls and work practices of this section ((shall)) must be used for construction work defined in WAC 296-155-012 and for all ship repair defined in WAC 296-304-010.

(2) Engineering controls and work practices for all operations covered by this section.  The employer ((shall)) must use the following engineering controls and work practices in all operations covered by this section, regardless of the levels of exposure:

(a) Vacuum cleaners equipped with HEPA filters to collect all debris and dust containing ACM and PACM, except as provided in subsection (10)(b) of this section in the case of roofing material.

(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 (10)(b) of this section.

(c) Asbestos ((shall)) must be handled, mixed, applied, removed, cut, scored, or otherwise worked in a wet saturated state to prevent the emission of airborne fibers unless the usefulness of the product would be diminished thereby.

(d) Prompt cleanup and disposal of wastes and debris contaminated with asbestos in leak-tight containers except in roofing operations, where the procedures specified in this section apply.

(3) In addition to the requirements of subsection (2) of this section, the employer ((shall)) must use the following control methods to achieve compliance with the TWA permissible exposure limit and excursion limit prescribed by WAC 296-62-07705:

(a) Local exhaust ventilation equipped with HEPA filter dust collection systems;

(b) Enclosure or isolation of processes producing asbestos dust;

(c) Ventilation of the regulated area to move contaminated air away from the breathing zone of employees and toward a filtration or collection device equipped with a HEPA filter;

(d) Use of other work practices and engineering controls that the department can show to be feasible;

(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 WAC 296-62-07705, the employer ((shall)) must use them to reduce employee exposure to the lowest levels attainable by these controls and ((shall)) must supplement them by the use of respiratory protection that complies with the requirements of WAC 296-62-07715.

(4) Prohibitions.  The following work practices and engineering controls ((shall)) must not be used for work related to asbestos or for work which disturbs ACM or PACM, regardless of measured levels of asbestos exposure or the results of initial exposure assessments:

(a) High-speed abrasive disc saws that are not equipped with point or cut ventilator or enclosures with HEPA filtered exhaust air;

(b) Compressed air used to remove asbestos, or materials containing asbestos, unless the compressed air is used in conjunction with an enclosed ventilation system designed to capture the dust cloud created by the compressed air;

(c) Dry sweeping, shoveling or other dry cleanup of dust and debris containing ACM and PACM;

(d) Employee rotation as a means of reducing employee exposure to asbestos.

(5) Cleanup.

(a) After completion of asbestos work (removal, demolition, and renovation operations), all surfaces in and around the work area ((shall)) must be cleared of any asbestos debris.

(b) ((Lock-down.  Where asbestos has been removed, encapsulant shall be applied to ensure binding of remaining fibers.

(c) The employer shall demonstrate by monitoring that the airborne fiber concentration is below the permissible exposure limits; or, at or below the airborne fiber level existing prior to the start of the removal, demolition, or renovation project; whichever level is lower.)) Encapsulant must be applied to all areas where asbestos has been removed to ensure binding of any remaining fibers.

(6) Class I requirements.  The following engineering controls and work practices and procedures ((shall)) must be used:

(a) All Class I work, including the installation and operation of the control system ((shall)) must be supervised by a competent person as defined in WAC 296-62-07703;

(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)) according to WAC 296-62-07709(3), or where employees are working in areas adjacent to the ((regulation)) regulated area, while the Class I work is being performed, the employer ((shall)) must use one of the following methods to ensure that airborne asbestos does not migrate from the regulated area:

(i) Critical barriers ((shall)) must be placed over all the openings to the regulated area, except where activities are performed outdoors; or

(ii) The employer ((shall)) must 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)) must 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, (a) of this subsection is satisfied when the specific control methods in subsection (7) of this section are used;

(c) For all Class I jobs, HVAC systems ((shall)) must be isolated in the regulated area by sealing with a double layer of 6 mil plastic or the equivalent;

(d) For all Class I jobs, impermeable dropcloths shall be placed on surfaces beneath all removal activity;

(e) For all Class I jobs, all objects within the regulated area ((shall)) must be covered with impermeable dropcloths or plastic sheeting which is secured by duct tape or an equivalent;

(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)) must ventilate the regulated area to move contaminated air away from the breathing zone of employees toward a HEPA filtration or collection device.

(7) Specific control methods for Class I work.  In addition, Class I asbestos work ((shall)) must be performed using one or more of the following control methods ((pursuant)) according to the limitations stated below:

(a) Negative pressure enclosure (NPE) systems: NPE systems may be used where the configuration of the work area does not make the erection of the enclosure infeasible, with the following specifications and work practices:

(i) Specifications:

(A) The negative pressure enclosure (NPE) may be of any configuration;

(B) At least 4 air changes per hour ((shall)) must be maintained in the NPE;

(C) A minimum of -0.02 column inches of water pressure differential, relative to outside pressure, ((shall)) must be maintained within the NPE as evidenced by manometric measurements;

(D) The NPE ((shall)) must be kept under negative pressure throughout the period of its use; and

(E) Air movement ((shall)) must be directed away from employees performing asbestos work within the enclosure, and toward a HEPA filtration or collection device.

(ii) Work practices:

(A) Before beginning work within the enclosure and at the beginning of each shift, the NPE ((shall)) must be inspected for breaches and smoke-tested for leaks, and any leaks sealed.

(B) Electrical circuits in the enclosure ((shall)) must be deactivated, unless equipped with ground-fault circuit interrupters.

(b) Glove bag systems may be used to remove PACM and/or ACM from straight runs of piping and elbows and other connections with the following specifications and work practices:

(i) Specifications:

(A) Glove bags ((shall)) must be made of 6 mil thick plastic and ((shall)) must be seamless at the bottom.

(B) Glove bags used on elbows and other connections must be designed for that purpose and used without modifications.

(ii) Work practices:

(A) Each glove bag ((shall)) must be installed so that it completely covers the circumference of pipe or other structure where the work is to be done.

(B) Glove bags ((shall)) must be smoke-tested for leaks and any leaks sealed prior to use.

(C) Glove bags may be used only once and may not be moved.

(D) Glove bags ((shall)) must not be used on surfaces whose temperature exceeds 150F.

(E) Prior to disposal, glove bags ((shall)) must be collapsed by removing air within them using a HEPA vacuum.

(F) Before beginning the operation, loose and friable material adjacent to the glove bag/box operation ((shall)) must be wrapped and sealed in two layers of six mil plastic or otherwise rendered intact.

(G) Where system uses attached waste bag, such bag ((shall)) must be connected to collection bag using hose or other material which ((shall)) must withstand pressure of ACM waste and water without losing its integrity.

(H) Sliding valve or other device ((shall)) must separate waste bag from hose to ensure no exposure when waste bag is disconnected.

(I) At least two persons ((shall)) must perform Class I glove bag removal operations.

(c) Negative pressure glove bag systems.  Negative pressure glove bag systems may be used to remove ACM or PACM from piping.

(i) Specifications: In addition to specifications for glove bag systems above, negative pressure glove bag systems ((shall)) must attach HEPA vacuum systems or other devices to bag during removal.

(ii) Work practices:

(A) The employer ((shall)) must comply with the work practices for glove bag systems in this section.

(B) The HEPA vacuum cleaner or other device used during removal ((shall)) must run continually during the operation until it is completed at which time the bag ((shall)) must be collapsed prior to removal of the bag from the pipe.

(C) Where a separate waste bag is used along with a collection bag and discarded after one use, the collection bag may be reused if rinsed clean with amended water before reuse.

(d) Negative pressure glove box systems: Negative pressure glove boxes may be used to remove ACM or PACM from pipe runs with the following specifications and work practices:

(i) Specifications:

(A) Glove boxes ((shall)) must be constructed with rigid sides and made from metal or other material which can withstand the weight of the ACM and PACM and water used during removal.

(B) A negative pressure generator ((shall)) must be used to create negative pressure in the system.

(C) An air filtration unit ((shall)) must be attached to the box.

(D) The box ((shall)) must be fitted with gloved apertures.

(E) An aperture at the base of the box ((shall)) must serve as a bagging outlet for waste ACM and water.

(F) A back-up generator ((shall)) must be present on site.

(G) Waste bags ((shall)) must consist of 6 mil thick plastic double-bagged before they are filled or plastic thicker than 6 mil.

(ii) Work practices:

(A) At least two persons ((shall)) must perform the removal.

(B) The box ((shall)) must be smoke-tested for leaks and any leaks sealed prior to each use.

(C) Loose or damaged ACM adjacent to the box ((shall)) must be wrapped and sealed in two layers of 6 mil plastic prior to the job, or otherwise made intact prior to the job.

(D) A HEPA filtration system ((shall)) must be used to maintain pressure barrier in box.

(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)) must meet the following specifications and shall be performed by employees using the following work practices:

(i) Specifications:

(A) Piping ((shall)) must be surrounded on 3 sides by rigid framing.

(B) A 360 degree water spray, delivered through nozzles supplied by a high pressure separate water line, ((shall)) must be formed around the piping.

(C) The spray ((shall)) must collide to form a fine aerosol which provides a liquid barrier between workers and the ACM and PACM.

(ii) Work practices:

(A) The system ((shall)) must be run for at least 10 minutes before removal begins.

(B) All removal ((shall)) must take place within the water barrier.

(C) The system ((shall)) must be operated by at least three persons, one of whom ((shall)) must not perform removal, but ((shall)) must check equipment, and ensure proper operation of the system.

(D) After removal, the ACM and PACM ((shall)) must be bagged while still inside the water barrier.

(f) A small walk-in enclosure which accommodates no more than two persons (mini-enclosure) may be used if the disturbance or removal can be completely contained by the enclosure with the following specifications and work practices:

(i) Specifications:

(A) The fabricated or job-made enclosure ((shall)) must be constructed of 6 mil plastic or equivalent.

(B) The enclosure ((shall)) must be placed under negative pressure by means of a HEPA filtered vacuum or similar ventilation unit.

(C) Change room.  A small change room made of 6-mil-thick polyethylene plastic should be contiguous to the mini-enclosure, and is necessary to allow the worker to vacuum off his/her protective coveralls and remove them before leaving the work area.  While inside the enclosure, the worker should wear ((Tyvekl)) Tyvek disposable coveralls or equivalent and must use the appropriate HEPA-filtered dual cartridge respiratory protection.  The advantages of mini-enclosures are that they limit the spread of asbestos contamination, reduce the potential exposure of bystanders and other workers who may be working in adjacent areas, and are quick and easy to install.  The disadvantage of mini-enclosures is that they may be too small to contain the equipment necessary to create a negative-pressure within the enclosure; however, the double layer of plastic sheeting will serve to restrict the release of asbestos fibers to the area outside the enclosure.

(ii) Work practices:

(A) Before use, the mini-enclosure ((shall)) must be inspected for leaks and smoke-tested to detect breaches, and any breaches sealed.

(B) Before reuse, the interior ((shall)) must be completely washed with amended water and HEPA-vacuumed.

(C) During use, air movement ((shall)) must be directed away from the employee's breathing zone within the mini-enclosure.

(8) Alternative control methods for Class I work.  Class I work may be performed using a control method which is not referenced in subsection (2)(a) through (3)(e) of this section, or which modifies a control method referenced in subsection (2)(a) through (3)(e) of this section, if the following provisions are complied with:

(a) The control method shall enclose, contain or isolate the processes or source of airborne asbestos dust, ((or otherwise capture or redirect such dust)) before it enters the breathing zone of employees.

(b) A certified industrial hygienist or licensed professional engineer who is also qualified as a project designer as defined in WAC 296-62-07703, 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 (6)(b)(ii) of this section.  Where the TSI or surfacing material to be removed is 25 linear or 10 square feet or less, the evaluation required in subsection (8)(b) of this section may be performed by a competent person.

(c) Before work which involves the removal of more than 25 linear or 10 square feet of thermal system insulation or surfacing material is begun using an alternative method which has been the subject of subsection (2)(a) through (3)(e) of this section required evaluation and certification, the employer shall send a copy of such evaluation and certification to the Department of Labor and Industries, Asbestos Certification Program, P.O. Box 44614, Olympia, Washington 98504-4614.  The submission shall not constitute approval by WISHA.

(d) The evaluation of employee exposure required in WAC 296-62-07712(8) must include and be based on sampling and analytical data representing employee exposure during the use of such method under the worst-case conditions and by employees whose training and experiences are equivalent to employees who are to perform the current job.

(9) Work practices and engineering controls for Class II work.

(a) All Class II work ((shall)) must be supervised by a competent person as defined in WAC 296-62-07703.

(b) For all indoor Class II jobs, where the employer has not produced a negative exposure assessment ((pursuant)) according to WAC 296-62-07709(3), 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)) must use one of the following methods to ensure that airborne asbestos does not migrate from the regulated area:

(i) Critical barriers ((shall)) must be placed over all openings to the regulated area; or

(ii) The employer ((shall)) must use another barrier or isolation method which prevents the migration of airborne asbestos from the regulated area, as verified by perimeter area monitoring or clearance monitoring which meets the criteria set out in subsection (6)(b)(ii) of this section((; or

(iii) Impermeable dropcloths shall be placed on surfaces beneath all removal activity)).

(c) (((Reserved.))) Impermeable dropcloths must be placed on surfaces beneath all removal activity.

(d) All Class II asbestos work ((shall)) must be performed using the work practices and requirements set out above in subsection (((9)(a) and (b))) (2) of this section.

(10) Additional controls for Class II work.  Class II asbestos work ((shall)) must 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 paragraph.  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)) according to WAC 296-62-07712 (10)(a)(ix).  The employer ((shall)) must ensure that employees comply with the following work practices and that employees are trained in these practices ((pursuant)) according to WAC 296-62-07722.

(i) Flooring or its backing ((shall)) must not be sanded.

(ii) Vacuums equipped with HEPA filter, disposable dust bag, and metal floor tool (no brush) ((shall)) must be used to clean floors.

(iii) Resilient sheeting ((shall)) must be removed by cutting with wetting of the snip point and wetting during delamination.  Rip-up of resilient sheet floor material is prohibited.

(iv) All scraping of residual adhesive and/or backing ((shall)) must be performed using wet methods.

(v) Dry sweeping is prohibited.

(vi) Mechanical chipping is prohibited unless performed in a negative pressure enclosure which meets the requirements of subsection (7)(a) of this section.

(vii) Tiles ((shall)) must be removed intact, unless the employer demonstrates that intact removal is not possible.

(viii) When tiles are heated and can be removed intact, wetting may be omitted.

(ix) Resilient flooring material including associated mastic and backing ((shall)) must be assumed to be asbestos-containing unless an industrial hygienist determines that it is asbestos-free using recognized analytical techniques.

(b) For removing roofing material which contains ACM the employer ((shall)) must ensure that the following work practices are followed:

(i) Roofing material ((shall)) must be removed in an intact state to the extent feasible.

(ii) Wet methods ((shall)) must be used to remove roofing materials that are not intact, or that will be rendered not intact during removal, unless such wet methods are not feasible or will create safety hazards.

(iii) Cutting machines ((shall)) must be continuously misted during use, unless a competent person determines that misting substantially decreases worker safety.

(iv) 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)) must be collected by a HEPA dust collector, or ((shall)) must 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)) must 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)) must be immediately bagged or placed in covered containers.

(v) Asbestos-containing material that has been removed from a roof ((shall)) must not be dropped or thrown to the ground.  Unless the material is carried or passed to the ground by hand, it ((shall)) must be lowered to the ground via covered, dust-tight chute, crane or hoist:

(A) Any ACM that is not intact ((shall)) must be lowered to the ground as soon as is practicable, but in any event no later than the end of the work shift.  While the material remains on the roof it ((shall)) must either be kept wet, placed in an impermeable waste bag, or wrapped in plastic sheeting.

(B) Intact ACM ((shall)) must be lowered to the ground as soon as is practicable, but in any event no later than the end of the work shift.

(vi) Upon being lowered, unwrapped material ((shall)) must be transferred to a closed receptacle in such manner so as to preclude the dispersion of dust.

(vii) Roof level heating and ventilation air intake sources ((shall)) must be isolated or the ventilation system ((shall)) must be shut down.

(viii) 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)) must include all removal and repair work performed on the same roof on the same day.

(c) When removing cementitious asbestos-containing siding and shingles or transite panels containing ACM on building exteriors (other than roofs, where subsection (10)(b) of this section applies) the employer ((shall)) must ensure that the following work practices are followed:

(i) Cutting, abrading or breaking siding, shingles, or transite panels, ((shall)) must be prohibited unless the employer can demonstrate that methods less likely to result in asbestos fiber release cannot be used.

(ii) Each panel or shingle ((shall)) must be sprayed with amended water prior to removal.

(iii) Unwrapped or unbagged panels or shingles ((shall)) must be immediately lowered to the ground via covered dust-tight chute, crane or hoist, or placed in an impervious waste bag or wrapped in plastic sheeting and lowered to the ground no later than the end of the work shift.

(iv) Nails ((shall)) must be cut with flat, sharp instruments.

(d) When removing gaskets containing ACM, the employer ((shall)) must ensure that the following work practices are followed:

(i) If a gasket is visibly deteriorated and unlikely to be removed intact, removal ((shall)) must be undertaken within a glove bag as described in subsection (7)(b) of this section.

(ii) (Reserved.)

(iii) The gasket ((shall)) must be immediately placed in a disposal container.

(iv) Any scraping to remove residue must be performed wet.

(e) When performing any other Class II removal of asbestos-containing material for which specific controls have not been listed in subsection (10) of this section, the employer ((shall)) must ensure that the following work practices are complied with.

(i) The material ((shall)) must be thoroughly wetted with amended water prior to and during its removal.

(ii) The material ((shall)) must be removed in an intact state unless the employer demonstrates that intact removal is not possible.

(iii) Cutting, abrading or breaking the material ((shall)) must be prohibited unless the employer can demonstrate that methods less likely to result in asbestos fiber release are not feasible.

(iv) Asbestos-containing material removed, ((shall)) must be immediately bagged or wrapped, or kept wet until transferred to a closed receptacle, no later than the end of the work shift.

(f) Alternative work practices and controls.  Instead of the work practices and controls listed in subsection (10) of this section, the employer may use different or modified engineering and work practice controls if the following provisions are complied with.

(i) The employer ((shall)) must demonstrate by 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, that employee exposure will not exceed the PELs under any anticipated circumstances.

(ii) A competent person ((shall)) must evaluate the work area, the projected work practices and the engineering controls, and ((shall)) must 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)) must 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.

(11) Work practices and engineering controls for Class III asbestos work.  Class III asbestos work ((shall)) must be conducted using engineering and work practice controls which minimize the exposure to employees performing the asbestos work and to bystander employees.

(a) The work ((shall)) must be performed using wet methods.

(b) To the extent feasible, the work ((shall)) must be performed using local exhaust ventilation.

(c) Where the disturbance involves drilling, cutting, abrading, sanding, chipping, braking, or sawing of thermal system insulation or surfacing material, the employer ((shall)) must use impermeable dropcloths, and ((shall)) must isolate the operation using mini-enclosures or glove bag systems ((pursuant)) according to subsection (7) 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)) must contain the area using impermeable dropcloths and plastic barriers or their equivalent, or ((shall)) must isolate the operation using a control system listed in and in compliance with subsection (7) 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)) must wear respirators which are selected, used and fitted ((pursuant)) according to provisions of WAC 296-62-07715.

(12) Class IV asbestos work.  Class IV asbestos jobs ((shall)) must be conducted by employees trained ((pursuant)) according to the asbestos awareness training program set out in WAC 296-62-07722.  In addition, all Class IV jobs ((shall)) must be conducted in conformity with the requirements set out in this section, mandating wet methods, HEPA vacuums, and prompt clean up of debris containing ACM and PACM.

(a) Employees cleaning up debris and waste in a regulated area where respirators are required ((shall)) must wear respirators which are selected, used and fitted ((pursuant)) according to provisions of WAC 296-62-07715.

(b) Employers of employees who clean up waste and debris in, and employers in control of, areas where friable thermal system insulation or surfacing material is accessible, ((shall)) must assume that such waste and debris contain asbestos.

(13) 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 subsection (10)(a) and (b) of this section 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)) will be deemed to be in compliance with this section.  If an employer does not comply with all provisions of this subsection (13), or if during the course of the job the material does not remain intact, the provisions of subsection (10) of this section apply instead of this subsection (13).

(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)) must conduct an inspection of the worksite and determine that the roofing material is intact and will likely remain intact.

(b) All employees performing work covered by this subsection (13) ((shall)) must be trained in a training program that meets the requirements of WAC 296-62-07722.

(c) The material ((shall)) must not be sanded, abraded, or ground.  When manual methods ((which do not render the material nonintact shall be)) are used, materials must stay intact.

(d) Material that has been removed from a roof ((shall)) must not be dropped or thrown to the ground.  Unless the material is carried or passed to the ground by hand, it ((shall)) must be lowered to the ground via covered, dust-tight chute, crane or hoist.  All such material ((shall)) must 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 WAC 296-62-07721, installed on nonresidential roofs during operations covered by this subsection (13), the employer ((shall)) must notify the building owner of the presence and location of such materials no later than the end of the job.

(f) All removal or disturbance of pipeline asphaltic wrap ((shall)) must be performed using wet methods.

[Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  97-19-014, 296-62-07712, filed 9/5/97, effective 11/5/97; 97-01-079, 296-62-07712, filed 12/17/96, effective 3/1/97.  Statutory Authority: RCW 49.17.  89-21-018 (Order 89-10), 296-62-07712, filed 10/10/89, effective 11/24/89; 89-11-035 (Order 89-03), 296-62-07712, filed 5/15/89, effective 6/30/89; 87-24-051 (Order 87-24), 296-62-07712, filed 11/30/87.]


AMENDATORY SECTION(Amending WSR 97-01-079, filed 12/17/96, effective 3/1/97)

WAC 296-62-07713
Methods of compliance for asbestos activities in general industry.

(1) Engineering controls and work practices.

(a) The employer ((shall)) must institute engineering controls and work practices to reduce and maintain employee exposure to or below the permissible exposure limits prescribed in WAC 296-62-07705, except to the extent that such controls are not feasible.  Engineering controls and work practices include but are not limited to the following:

(i) Local exhaust ventilation equipped with HEPA filter dust collection systems;

(ii) Vacuum cleaners equipped with HEPA filters;

(iii) Enclosure or isolation of processes producing asbestos dust;

(iv) Use of wet methods, wetting agents, or removal encapsulants to control employee exposures during asbestos handling, mixing, removal, cutting, application, and cleanup;

(v) Prompt disposal of wastes contaminated with asbestos in leak-tight containers; or

(vi) Use of work practices or other engineering controls that the director can show to be feasible.

(b) Wherever the feasible engineering controls and work practices that can be instituted are not sufficient to reduce employee exposure to or below the permissible exposure limits prescribed in WAC 296-62-07705, the employer ((shall)) must use them to reduce employee exposure to the lowest levels achievable by these controls and ((shall)) must supplement them by the use of respiratory protection that complies with the requirements of WAC 296-62-07715.

(c) For the following operations, wherever feasible engineering controls and work practices that can be instituted are not sufficient to reduce the employee exposure to or below the permissible exposure limits prescribed in WAC 296-62-07705, the employer ((shall)) must use them to reduce employee exposure to or below 0.5 fiber per cubic centimeter of air (as an eight-hour time-weighted average) or 2.5 fibers per cubic centimeter of air for 30 minutes (short-term exposure), and ((shall)) must supplement them by the use of any combination of respiratory protection that complies with the requirements of WAC 296-62-07715, work practices and feasible engineering controls that will reduce employee exposure to or below the permissible exposure limits prescribed in WAC 296-62-07705: Coupling cutoff in primary asbestos cement pipe manufacturing; sanding in primary and secondary asbestos cement sheet manufacturing; grinding in primary and secondary friction product manufacturing; carding and spinning in dry textile processes; and grinding and sanding in primary plastics manufacturing.

(d) Local exhaust ventilation.  Local exhaust HEPA ventilation and dust collection systems ((shall)) must be designed, constructed, installed, and maintained in accordance with good practices such as those found in the American National Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems, ANSI Z9.2-1979.

(e) Particular tools.  All hand-operated and power-operated tools which would produce or release fibers of asbestos so as to expose employees to levels in excess of the exposure limits prescribed in WAC 296-62-07705, such as, but not limited to, saws, scorers, abrasive wheels, and drills, ((shall)) must be provided with local exhaust ventilation systems which comply with (d) of this subsection.  High-speed abrasive disc saws that are not equipped with appropriate engineering controls ((shall)) must not be used for work related to asbestos.

(f) Wet methods.  Asbestos ((shall)) must be handled, mixed, applied, removed, cut, scored, or otherwise worked in a wet saturated state to prevent the emission of airborne fibers unless the usefulness of the product would be diminished thereby.

(g) Particular products and operations.  ((No)) When asbestos cement, mortar, coating, grout, plaster, or similar material containing asbestos ((shall be)) is removed from bags, cartons, or other containers in which they are shipped, ((without being)) it must be either wetted, enclosed, or ventilated so as to prevent effectively the release of airborne fibers of asbestos.

(h) Compressed air.  Compressed air ((shall)) must not be used to remove asbestos or materials containing asbestos unless the compressed air is used in conjunction with an enclosed ventilation system designed to effectively capture the dust cloud created by the compressed air.

(2) Clean-up.

(a) After completion of asbestos ((removal, demolition, and renovation operations, all surfaces in and around the work area shall be cleared of any)) work, all surfaces in and around the work area must be cleared of asbestos debris.

(b) ((Lock-down.  Where asbestos has been removed, encapsulant shall be applied to ensure binding of remaining fibers.)) Encapsulant must be applied to all areas where asbestos has been removed to ensure binding of any remaining fibers.

(c) The employer ((shall)) must demonstrate by monitoring that the airborne fiber concentration is below:

The permissible exposure limits; or((,))

At or below the airborne fiber level existing prior to the start of the ((removal, demolition, or renovation project)) asbestos work; whichever level is lower.

(3) Compliance program.

(a) Where either the time weighted average and/or excursion limit is exceeded, the employer ((shall)) must establish and implement a written program to reduce employee exposure to or below the permissible exposure limits by means of engineering and work practice controls as required by subsection (1) of this section, and by the use of respiratory protection where required or permitted under this section.

(b) Such programs ((shall)) must be reviewed and updated as necessary to reflect significant changes in the status of the employer's compliance program.

(c) Written programs ((shall)) must be submitted upon request for examination and copying to the director, affected employees and designated employee representatives.

(d) The employer ((shall)) must not use employee rotation as a means of compliance with the permissible exposure limits specified in WAC 296-62-07705.

(4) Specific compliance methods for brake and clutch repair:

(a) Engineering controls and work practices for brake and clutch repair and service.  During automotive brake and clutch inspection, disassembly, repair and assembly operations, the employer ((shall)) must institute engineering controls and work practices to reduce employee exposure to materials containing asbestos using a negative pressure enclosure/HEPA vacuum system method or low pressure/wet cleaning method which meets the detailed requirements set out in Appendix F to this section.  The employer may also comply using an equivalent method which follows written procedures which the employer demonstrates can achieve results equivalent to Method A in Appendix F to this section.  For facilities in which no more than 5 pair of brakes or 5 clutches are inspected, disassembled, repaired, or assembled per week, the method set forth in Appendix F to this section may be used.

(b) The employer may also comply by using an equivalent method which follows written procedures, which the employer demonstrates can achieve equivalent exposure reductions as do the two "preferred methods." Such demonstration must include monitoring data conducted under workplace conditions closely resembling the process, type of asbestos containing materials, control method, work practices and environmental conditions which the equivalent method will be used, or objective data, which document that under all reasonably foreseeable conditions of brake and clutch repair applications, the method results in exposure which are equivalent to the methods set out in Appendix F to this section.

[Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  97-01-079, 296-62-07713, filed 12/17/96, effective 3/1/97.  Statutory Authority: RCW 49.17.  90-17-051 (Order 90-10), 296-62-07713, filed 8/13/90, effective 9/24/90; 89-11-035 (Order 89-03), 296-62-07713, filed 5/15/89, effective 6/30/89; 87-24-051 (Order 87-24), 296-62-07713, filed 11/30/87.  Statutory Authority: RCW 49.17.050(2) and RCW 49.17.040.  87-10-008 (Order 87-06), 296-62-07713, filed 4/27/87.]


AMENDATORY SECTION(Amending WSR 97-19-014, filed 9/5/97, effective 11/5/97)

WAC 296-62-07721
Communication of hazards to employees.

(1) Communication of hazards to employees.  General industry requirements.

(a) Introduction.  This section applies to the communication of information concerning asbestos hazards in general industry.  Asbestos exposure in industry occurs in a wide variety of industrial and commercial settings.  Employees who manufacture asbestos-containing products may be exposed to asbestos fibers.  Employees who repair and replace automotive brakes and clutches may be exposed to asbestos fibers.  In addition, employees engaged in housekeeping activities in industrial facilities with asbestos product manufacturing operations, and in public and commercial buildings with installed asbestos-containing materials may be exposed to asbestos fibers.  It should be noted that employees who perform housekeeping activities during and after construction activities are covered by asbestos construction work requirements in WAC 296-62-077.  Housekeeping employees, regardless of industry designation, should know whether building components they maintain may expose them to asbestos.  Building owners are often the only and/or best source of information concerning the presence of previously installed asbestos-containing building materials.  Therefore they, along with employers of potentially exposed employees, are assigned specific information conveying and retention duties under this section.

(b) Installed asbestos-containing material.  Employers and building owners are required to treat installed TSI and sprayed-on and troweled-on surfacing materials as ACM for the purposes of this standard.  These materials are designated "presumed ACM or PACM," and are defined in WAC 296-62-07703.  Asphalt and vinyl flooring installed no later than 1980 also ((shall)) must be treated as asbestos-containing.  The employer or building owner may demonstrate that PACM and flooring materials do not contain asbestos by complying with WAC 296-62-07712 (10)(a)(ix).

(c) Duties of employers and building and facility owners.

(i) Building and facility owners ((shall)) must determine the presence, location, and quantity of ACM and/or PACM at the worksite.  Employers and building and facility owners ((shall)) must exercise due diligence in complying with these requirements to inform employers and employees about the presence and location of ACM and PACM.

(ii) Before authorizing or allowing any construction, renovation, remodeling, maintenance, repair, or demolition project, an owner or owner's agent ((shall)) must perform, or cause to be performed, a good faith inspection to determine whether materials to be worked on or removed contain asbestos.  The inspection ((shall)) must be documented by a written report maintained on file and made available upon request to the director.

(A) The good faith inspection ((shall)) must be conducted by an accredited inspector.

(B) Such good faith inspection is not required if the owner or owner's agent is reasonably certain that asbestos will not be disturbed by the project or the owner or owner's agent assumes that the suspect material contains asbestos and handles the material in accordance with WAC 296-62-07701 through 296-62-07753.

(iii) The owner or owner's agent ((shall)) must provide, to all contractors submitting a bid to undertake any construction, renovation, remodeling, maintenance, repair, or demolition project, the written statement either of the reasonable certainty of nondisturbance of asbestos or of assumption of the presence of asbestos.  Contractors ((shall)) must be provided with the written report before they apply or bid to work.

(iv) Any owner or owner's agent who fails to comply with (c)(ii) and (iii) of this subsection ((shall)) must be subject to a mandatory fine of not less than two hundred fifty dollars for each violation.  Each day the violation continues ((shall)) must be considered a separate violation.  In addition, any construction, renovation, remodeling, maintenance, repair, or demolition which was started without meeting the requirements of this section ((shall)) must be halted immediately and cannot be resumed before meeting such requirements.

(v) Building and facility owners ((shall)) must inform employers of employees, and employers ((shall)) must inform employees who will perform housekeeping activities in areas which contain ACM and/or PACM of the presence and location of ACM and/or PACM in such areas which may be contacted during such activities.

(vi) Upon written or oral request, building or facility owners ((shall)) must make a copy of the written report required in this section available to the department of labor and industries and the collective bargaining representatives or employee representatives of any employee who may be exposed to any asbestos or asbestos-containing materials.  A copy of the written report ((shall)) must be posted conspicuously at the location where employees report to work.

(vii) Building and facility owners ((shall)) must maintain records of all information required to be provided ((pursuant)) according to this section and/or otherwise known to the building owner concerning the presence, location and quantity of ACM and PACM in the building/facility.  Such records ((shall)) must be kept for the duration of ownership and ((shall)) must be transferred to successive owners.

(2) Communication of hazards to employees.  Requirements for construction and shipyard employment activities.

(a) Introduction.  This section applies to the communication of information concerning asbestos hazards in construction and shipyard employment activities.  Most asbestos-related construction and shipyard activities involve previously installed building materials.  Building/vessel 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/Vessel Material: Employers and building/vessel owners ((shall)) must identify TSI and sprayed or troweled on surfacing materials as asbestos-containing unless the employer, by complying with WAC 296-62-07721(3) determines it is not asbestos containing.  Asphalt or vinyl flooring/decking material installed in buildings or vessels no later than 1980 ((shall)) must also be considered as asbestos containing unless the employer/owner, ((pursuant)) according to WAC 296-62-07712 (10)(a)(ix) determines it is not asbestos containing.  If the employer or building/vessel owner has actual knowledge or should have known, through the exercise of due diligence, that materials other than TSI and sprayed-on or troweled-on surfacing materials are asbestos containing, they ((shall)) must be treated as such.  When communicating information to employees ((pursuant)) according to this standard, owners and employers ((shall)) must identify "PACM" as ACM.  Additional requirements relating to communication of asbestos work on multi-employer worksites are set out in WAC 296-62-07706.

(b) Duties of building/vessel and facility owners.

(i) Before work subject to this section is begun, building/vessel and facility owners ((shall)) must identify the presence, location and quantity of ACM, and/or PACM at the worksite.  All thermal system insulation and sprayed on or troweled on surfacing materials in buildings/vessels or substrates constructed no later than 1980 ((shall)) must be identified as PACM.  In addition, resilient flooring/decking material installed no later than 1980 ((shall)) must also be identified as asbestos containing.

(ii) Before authorizing or allowing any construction, renovation, remodeling, maintenance, repair, or demolition project, a building/vessel and facility owner or owner's agent ((shall)) must perform, or cause to be performed, a good faith inspection to determine whether materials to be worked on or removed contain asbestos.  The inspection ((shall)) must be documented by a written report maintained on file and made available upon request to the director.

(A) The good faith inspection ((shall)) must be conducted by an accredited inspector.

(B) Such good faith inspection is not required if the building/vessel and facility owner or owner's agent assumes that the suspect material contains asbestos and handles the material in accordance with WAC 296-62-07701 through 296-62-07753 or if the owner or the owner's agent is reasonably certain that asbestos will not be ((distributed)) disturbed by the project.

(iii) The building/vessel and facility owner or owner's agent ((shall)) must provide, to all contractors submitting a bid to undertake any construction, renovation, remodeling, maintenance, repair, or demolition project, the written statement either of the reasonable certainty of nondisturbance of asbestos or of assumption of the presence of asbestos.  Contractors ((shall)) must be provided the written report before they apply or bid on work.

(iv) Any building/vessel and facility owner or owners agent who fails to comply with WAC ((296-62-07719)) 296-62-07721 (2)(b)(ii) and (iii) ((shall)) must be subject to a mandatory fine of not less than two hundred fifty dollars for each violation.  Each day the violation continues ((shall)) must be considered a separate violation.  In addition, any construction, renovation, remodeling, maintenance, repair, or demolition which was started without meeting the requirements of this section ((shall)) must be halted immediately and cannot be resumed before meeting such requirements.

(v) Upon written or oral request, building/vessel and facility owner or owner's agent ((shall)) must make a copy of the written report required in this section available to the department of labor and industries and the collective bargaining representatives or employee representatives of any employee who may be exposed to any asbestos or asbestos-containing materials.  A copy of the written report ((shall)) must be posted conspicuously at the location where employees report to work.

(vi) Building/vessel and facility owner or owner's agent ((shall)) must notify in writing the following persons of the presence, location and quantity of ACM or PACM, at worksites in their buildings/facilities/vessels.

(A) Prospective employers applying or bidding for work whose employees reasonably can be expected to work in or adjacent to areas containing such material;

(B) Employees of the owner who will work in or adjacent to areas containing such material;

(C) On multi-employer worksites, all employers of employees who will be performing work within or adjacent to areas containing such materials;

(D) Tenants who will occupy areas containing such materials.

(c) Duties of employers whose employees perform work subject to this standard in or adjacent to areas containing ACM and PACM.  Building/vessel and facility owner or owner's agents whose employees perform such work ((shall)) must comply with these provisions to the extent applicable.

(i) Before work subject to this standard is begun, building/vessel and facility owner or owner's agents ((shall)) must determine the presence, location, and quantity of ACM and/or PACM at the worksite ((pursuant)) according to WAC 296-62-07721 (2)(b).

(ii) Before work under this standard is performed employers of employees who will perform such work ((shall)) must inform the following persons of the location and quantity of ACM and/or PACM present at the worksite and the precautions to be taken to insure that airborne asbestos is confined to the area.

(A) Owners of the building/vessel or facility;

(B) Employees who will perform such work and employers of employees who work and/or will be working in adjacent areas;

(iii) Upon written or oral request, a copy of the written report required in this section ((shall)) must be made available to the department of labor and industries and the collective bargaining representatives or employee representatives of any employee who may be exposed to any asbestos or asbestos-containing materials.  A copy of the written report ((shall)) must be posted conspicuously at the location where employees report to work.

(iv) Within 10 days of the completion of such work, the employer whose employees have performed work subject to this standard, ((shall)) must inform the building/vessel or 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 former regulated area and final monitoring results, if any.

(d) In addition to the above requirements, all employers who discover ACM and/or PACM on a worksite ((shall)) must 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 worksite, within 24 hours of the discovery.

(e) No contractor may commence any construction, renovation, remodeling, maintenance, repair, or demolition project without receiving a copy of the written response or statement required by WAC 296-62-07721 (2)(b).  Any contractor who begins any project without the copy of the written report or statement ((shall)) will be subject to a mandatory fine of not less than two hundred fifty dollars per day.  Each day the violation continues ((shall)) will be considered a separate violation.

(3) Criteria to rebut the designation of installed material as PACM.

(a) At any time, an employer and/or building/vessel owner may demonstrate, for purposes of this standard, that PACM does not contain asbestos.  Building/vessel owners and/or employers are not required to communicate information about the presence of building material for which such a demonstration ((pursuant)) according to the requirements of (b) of this subsection has been made.  However, in all such cases, the information, data and analysis supporting the determination that PACM does not contain asbestos, ((shall)) must be retained ((pursuant)) according to WAC 296-62-07727.

(b) An employer or owner may demonstrate that PACM does not contain asbestos by the following:

(i) Having a completed inspection conducted ((pursuant)) according to the requirements of AHERA (40 CFR Part 763, Subpart E) which demonstrates that the material is not ACM;

(ii) Performing tests of the material containing PACM which demonstrate that no asbestos is present in the material.  Such tests ((shall)) must include analysis of bulk samples collected in the manner described in 40 CFR 763.86, Asbestos-containing materials in schools.  The tests, evaluation and sample collection ((shall)) must be conducted by an accredited inspector.  Analysis of samples ((shall)) must 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) of the National Institute for Standards and Technology (NIST) or the Round Robin for bulk samples administered by the American Industrial Hygiene Associate (AIHA), or an equivalent nationally recognized Round Robin testing program.

(4) At the entrance to mechanical rooms/areas in which employees reasonably can be expected to enter and which contain TSI or surfacing ACM and PACM, the building/vessel and facility owner or owner's agent ((shall)) must 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.

(5) Warning signs.

(a) Warning signs that demarcate the regulated area ((shall)) must be provided and displayed at each location where a regulated area is required.  In addition, warning signs ((shall)) must be posted at all approaches to regulated areas and 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.

(b) The warning signs required by (a) of this subsection ((shall)) must bear the following information:

DANGER

ASBESTOS

CANCER AND LUNG DISEASE HAZARD

AUTHORIZED PERSONNEL ONLY

RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA



(c) The employer shall ensure that employees working in and contiguous to regulated areas comprehend the warning signs required to be posted by (a) of this subsection.  Means to ensure employee comprehension may include the use of foreign languages, pictographs, and graphics.

(6) Warning labels.

(a) Warning labels ((shall)) must be affixed to all products containing asbestos including raw materials, mixtures, scrap, waste, debris, and other products containing asbestos fibers, and to their containers including waste containers.  ((Where feasible,)) Installed asbestos products ((shall)) must contain a visible label, except where such a label would clearly not be feasible.

(b) Labels ((shall)) must be printed in large, bold letters on a contrasting background.

(c) The labels ((shall)) must comply with the requirements of WAC 296-62-05411, and ((shall)) must include the following information:

DANGER

CONTAINS ASBESTOS FIBERS

AVOID CREATING DUST

CANCER AND LUNG DISEASE HAZARD

AVOID BREATHING AIRBORNE ASBESTOS FIBERS



(7) The provisions for labels required by subsection (6)(a) of this section or for material safety data sheets required by subsection (8) of this section do not apply where:

(a) 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 fibers of asbestos in excess of the excursion limit will be released; or

(b) Asbestos is present in a product in concentrations less than ((0.1)) 1.0 percent by weight.

(8) Material safety data sheets.  Employers who are manufacturers or importers of asbestos, or asbestos products ((shall)) must comply with the requirements regarding development of material safety data sheets as specified in WAC 296-62-05413, except as provided by subsection (7) of this section.

(9) When a building/vessel owner/or employer identifies previously installed PACM and/or ACM, labels or signs ((shall)) must be affixed or posted so that employees will be notified of what materials contain PACM and/or ACM.  The employer ((shall)) must 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 rooms/areas.  Signs required by subsection (5)(a) of this section may be posted in lieu of labels so long as they contain information required for labeling.  The employer ((shall)) must 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.

[Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  97-19-014, 296-62-07721, filed 9/5/97, effective 11/5/97; 97-01-079, 296-62-07721, filed 12/17/96, effective 3/1/97.  Statutory Authority: RCW 49.17.  93-01-005 (Order 92-20), 296-62-07721, filed 12/2/92, effective 1/15/93; 91-03-044 (Order 90-18), 296-62-07721, filed 1/10/91, effective 2/12/91; 89-21-018 (Order 89-10), 296-62-07721, filed 10/10/89, effective 11/24/89; 89-11-035 (Order 89-03), 296-62-07721, filed 5/15/89, effective 6/30/89; 87-24-051 (Order 87-24), 296-62-07721, filed 11/30/87.  Statutory Authority: RCW 49.17.050(2) and RCW 49.17.040.  87-10-008 (Order 87-06), 296-62-07721, filed 4/27/87.]


AMENDATORY SECTION(Amending WSR 99-10-071, filed 5/4/99, effective 9/1/99)

WAC 296-62-07722
Employee information and training.

(1) Certification.

(a) ((All individuals working or supervising asbestos projects, as defined in WAC 296-65-003 shall be certified as required by WAC 296-65-010, 296-65-012, and 296-65-030.

(b) In cases where certification requirements of WAC 296-65 do not apply, all employees shall be trained according to provisions of this section regardless of their exposure levels.)) Only certified asbestos workers may work on an asbestos project as required in WAC 296-65-010 and 296-65-030.

(b) Only certified asbestos supervisors may supervise asbestos abatement projects as required in WAC 296-65-012 and 296-65-030.

(c) In cases where certification requirements of WAC 296-65 do not apply, all employees must be trained according to the provisions of this section regardless of their exposure levels.

(d) Certification is not required for asbestos work on materials containing less than one percent asbestos.

(2) Training ((shall)) must be provided prior to or at the time of initial assignment, unless the employee has received equivalent training within the previous twelve months, and at least annually thereafter.

(3) ((Training for employees performing Class I and Class II operations.)) Asbestos projects.

(a) ((Training for)) Class I and Class II ((operations shall be the certified asbestos worker training specified in WAC 296-65-003, 296-65-010, and 296-65-030)) work must be considered an asbestos project. Only certified asbestos workers may do this work.

(b) ((Exceptions.  For employees whose Class II work with intact asbestos-containing materials involves only the removal and/or disturbance of one generic category of intact building/vessel material, such as intact roofing material, bituminous or asphaltic pipeline coating, intact flooring/decking material, siding materials and ceiling tiles, or transite panels, such employers are required to train employees who perform such work by providing a training course which includes as a minimum all elements of subsection (5) of this section and in addition the specific work practices and engineering controls set forth in WAC 296-62-07712 and 296-62-07713 which specifically relate to that material category.  Such course shall include "hands-on" training, and shall take at least 8 hours.

(i) For Class II operations involving intact materials not specified in (b) of this subsection, training shall include the requirements of (b) of this subsection and specific work practices and engineering controls specified in WAC 296-62-07712 which specifically relates to the category of material being removed, and shall include hands-on training in the work practices applicable to each category of material the employee removes and each removal method that the employee uses.

(ii) Employees performing Class II operations that require the use of critical barriers (or equivalent isolation methods) and/or negative pressure enclosures, shall be certified as required by WAC 296-65-010, 296-65-012, and 296-65-030.)) Only certified workers may conduct Class II asbestos work that is considered an asbestos project.

(i) The following Class II asbestos work must be considered asbestos projects:

(A) All Class II asbestos work where critical barriers, equivalent isolation methods, or negative pressure enclosures are required; or

(B) All Class II asbestos work where asbestos containing materials do not stay intact (including removal of vinyl asbestos floor (VAT) or roofing materials by mechanical methods such as chipping, grinding, or sanding).

(ii) The following Class II asbestos work is not considered an asbestos project and is excluded from asbestos worker certification:

(A) All Class II asbestos work involving intact asbestos containing materials (for example, intact roofing materials, bituminous or asphalt pipeline coatings, and intact flooring/decking materials);

(B) All Class II asbestos work of less than one square foot of asbestos containing materials; or

(C) All Class II asbestos work involving asbestos-cement water pipe when the work is done in accordance with training approved by the department through the asbestos certification program (see WAC 296-65-015(4)).

(iii) Asbestos work involving the removal of one square foot or more of intact roofing materials by mechanical sawing or heavy equipment must meet the following requirements:

(A) Only certified asbestos workers may conduct mechanical sawing of intact roofing material;

(B) Noncertified asbestos workers may handle roofing dust, material and debris;

(C) Operators of heavy equipment (such as track hoes with clam shells and excavators) do not need to be certified asbestos workers in the removal or demolition of intact roofing materials.

(c) Only certified asbestos workers may conduct all Class III and Class IV asbestos work that is considered an asbestos project.

(i) The following asbestos work is considered an asbestos project:

(A) All Class III asbestos work where one square foot or more of asbestos containing materials that do not stay intact;

(B) All Class IV asbestos work where one square foot or more of asbestos containing materials that do not stay intact; or

(C) All Class III and Class IV asbestos work with pipe insulation.

(ii) Except for a project involving pipe insulation work, any project involving only Class III or Class IV asbestos work with less than one square foot of asbestos containing materials is not considered an asbestos project.

(4) Training ((for Class III and IV operations)) requirements for asbestos work that is not considered an asbestos project or is excluded from asbestos worker certification.

(a) ((Training for employees performing Class III and IV operations shall be the certified asbestos worker training specified in WAC 296-65-003, 296-65-001, and 296-65-030.

(b) Training for Class III asbestos work exempted from certification requirements in WAC 296-65, safety standards for asbestos removal and encapsulation shall be the equivalent in curriculum and training method to the 16-hour operations and maintenance course developed by EPA for maintenance and custodial workers who conduct activities that will result in the disturbance of ACM.  (See 40 CFR 763.92(a)(2).) Such course shall include "hands-on" training in the use of respiratory protection and work practices and shall take at least 16 hours.)) Class II asbestos work.

(i) Employers must provide eight-hours of training to employees who perform asbestos work on one generic category of asbestos containing materials (ACM). When performing asbestos work in more than one category of asbestos containing materials, additional training must be used to supplement the first eight hour training course.

(ii) The training course must include:

Hands-on training that applies to the category of asbestos containing materials,
Specific work practices and engineering controls related to the category of asbestos containing materials present as specified in WAC 296-62-07712, and
All the minimum elements of subsection (5) of this section.
(b) Class III asbestos work (maintenance and custodial work in buildings containing asbestos containing materials).

(i) Employers must provide training with curriculum and training methods equivalent to the 16-hour operations and maintenance course developed by the EPA. (See 40 CFR 763.92(a)(2).) For those employees whose only affected work is Class II work as described in subsection (4)(a)(i) of this section, employers must meet this 16-hour training requirement or provide training that meets the eight hours Class II requirements in subsection (4)(a) of this section.

(ii) Sixteen hours of training must include:

Hands-on training in the use of respiratory protection and work practices, and
All the minimum elements of subsection (5) of this section.
(c) ((Training for)) Class IV asbestos work ((exempted from certification requirements in WAC 296-65, safety standards for asbestos removal and encapsulation shall be the equivalent in curriculum and training method to the awareness training course developed by EPA for maintenance and custodial workers who work in buildings containing asbestos-containing material.  (See 40 CFR 763.92(a)(1).) Such course shall include available information concerning the locations of PACM an ACM, and asbestos-containing flooring material, or flooring material where the absence of asbestos has not been certified; and instruction in recognition of damage, deterioration, and delamination of asbestos-containing building materials.  Such a course shall take at least 2 hours.)) (maintenance and custodial work in buildings containing asbestos-containing materials).

(i) Employers must provide at least two hours of training with curriculum and training methods equivalent to the awareness training course developed by the EPA.

(ii) Training must include:

Available information concerning the location of PACM, ACM, asbestos-containing flooring materials or flooring materials where the absence of asbestos has not been certified,
Instruction on how to recognize damaged, deteriorated, and delimitation of asbestos containing building materials, and
All of the minimum elements of subsection (5) of this section.
(5) The training program ((shall)) must be conducted in a manner which the employee is able to understand.  The employer ((shall)) must ensure that each employee is informed of the following:

(a) The health effects associated with asbestos exposure;

(b) The relationship between smoking and exposure to asbestos producing lung cancer;

(c) Methods of recognizing asbestos and quantity, location, manner of use, release (including the requirements of WAC 296-62-07721 (1)(c) and (2)(b) to presume certain building materials contain asbestos), and storage of asbestos and the specific nature of operations which could result in exposure to asbestos;

(d) The engineering controls and work practices associated with the employee's job assignment;

(e) The specific procedures implemented to protect employees from exposure to asbestos, such as appropriate work practices, housekeeping procedures, hygiene facilities, decontamination procedures, emergency and clean-up procedures (including where Class III and IV work is performed, the contents "Managing Asbestos In Place" (EPA 20T-2003, July 1990) or its equivalent in content), personal protective equipment to be used, waste disposal procedures, and any necessary instructions in the use of these controls and procedures;

(f) The purpose, proper use, and limitations of protective clothing;

(g) The purpose and a description of the medical surveillance program required by WAC 296-62-07725;

(h) The content of this standard, including appendices;

(i) 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 I, to comply with this requirement;

(j) The requirements for posting signs and affixing labels and the meaning of the required legends for such signs and labels; and

(k) The purpose, proper use, limitations, and other training requirements for respiratory protection as required by WAC 296-62, Part E (see WAC 296-62-07117, 296-62-07172, and 296-62-07186 through 296-62-07190).

(6) The employer ((shall)) must also provide, at no cost to employees who perform housekeeping operations in a facility which contains ACM or PACM, an asbestos awareness training course to all employees who are or will work in areas where ACM and/or PACM is present who work in buildings containing asbestos-containing materials, which ((shall)) must, at a minimum, contain the following elements:

Health effects of asbestos,
Locations of ACM and PACM in the building/facility,
Recognition of ACM and PACM damage and deterioration,
Requirements in this standard relating to housekeeping, and
Proper response to fiber release episodes((, to all employees who are or will work in areas where ACM and/or PACM is present)).
Each such employee ((shall)) must be so trained at least once a year.

(7) Access to information and training materials.

(a) The employer ((shall)) must make a copy of this standard and its appendices readily available without cost to all affected employees.

(b) The employer ((shall)) must provide, upon request, all materials relating to the employee information and training program to the director.

(c) The employer ((shall)) must inform all employees concerning the availability of self-help smoking cessation program material.  Upon employee request, the employer ((shall)) must 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 I, WAC 296-62-07751.

[Statutory Authority: RCW 49.17.010, [ RCW 49.17].040 and [ RCW 49.17].050.   WSR 99-10-071, 296-62-07722, filed 5/4/99, effective 9/1/99. Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  97-01-079, 296-62-07722, filed 12/17/96, effective 3/1/97.]


AMENDATORY SECTION(Amending WSR 97-19-014, filed 9/5/97, effective 11/5/97)

WAC 296-62-07728
Competent person.

(1) General.  For all construction and shipyard work covered by this standard, the employer ((shall)) must designate a competent person, having the qualifications and authorities for ensuring worker safety and health as required by WAC 296-155.

(2) Required inspections by the competent person.   WAC 296-155-110(9) which requires health and safety prevention programs to provide for frequent and regular inspections on the job sites, materials, and equipment to be made by the competent person, is incorporated.

(3) Additional inspections.  In addition, the competent person ((shall)) must make frequent and regular inspections of the job sites in order to perform the duties set out below in this section.  For Class I jobs, on-site inspections ((shall)) must be made at least once during each work shift, and at any time at employee request.  For Class II and III jobs, on-site inspections ((shall)) must be made at intervals sufficient to assess whether conditions have changed, and at any reasonable time at employee request.

(4) On all worksites where employees are engaged in Class I or II asbestos work, the competent person designated in accordance with WAC 296-62-07712 ((shall)) must perform or supervise the following duties, as applicable:

(a) Set up the regulated area, enclosure, or other containment;

(b) Ensure (by on-site inspection) the integrity of the enclosure or containment;

(c) Set up procedures to control entry and exit from the enclosure and/or area;

(d) Supervise all employee exposure monitoring required by this section and ensure that it is conducted as required by WAC 296-62-07709;

(e) Ensure that employees working within the enclosure and/or using glovebags wear protective clothing and respirators as required by WAC 296-62-07715 and 296-62-07717;

(f) Ensure through on-site supervision, that employees set up and remove engineering controls, use work practices and personal protective equipment in compliance with all requirements;

(g) Ensure that employees use the hygiene facilities and observe the decontamination procedures specified in WAC 296-62-07719;

(h) Ensure that through on-site inspection engineering controls are functioning properly and employees are using proper work practices; and

(i) Ensure that notification requirements in WAC 296-62-07721 are met.

(5) Training for competent person.

(a) For Class I and II asbestos work the competent person ((shall)) must 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)) must be the certified asbestos supervisor training specified in WAC 296-65-003, 296-65-012, and 296-65-030.

(b) For Class III and IV asbestos work:

(i) The competent person ((shall)) must be certified as an asbestos supervisor as prescribed in WAC 296-65-012 and 296-65-030 for Class III and IV work involving an asbestos project of 3 square feet or 3 linear feet or more of asbestos containing material.

(ii) For Class III and IV asbestos work involving less than 3 square feet or 3 linear feet of asbestos containing material, ((and asbestos work exempted from certification requirements in WAC 296-65,)) the competent person ((shall)) must 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)) must include successful completion of a course equivalent in curriculum and training method to the 16-hour Operations and Maintenance course developed by EPA for maintenance and custodial workers (see 40 CFR 763.92 (a)(2)) or its equivalent in stringency, content and length.

[Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  97-19-014, 296-62-07728, filed 9/5/97, effective 11/5/97; 97-01-079, 296-62-07728, filed 12/17/96, effective 3/1/97.]


AMENDATORY SECTION(Amending WSR 97-01-079, filed 12/17/96, effective 3/1/97)

WAC 296-62-07735
Appendix A--WISHA reference method--Mandatory.

This mandatory appendix specifies the procedure for analyzing air samples for asbestos, tremolite, anthophyllite, and actinolite and specifies quality control procedures that must be implemented by laboratories performing the analysis.  The sampling and analytical methods described below represent the elements of the available monitoring methods (such as Appendix B to this section, the most current version of the WISHA method ID-60, or the most current version of the NIOSH 7400 method) which WISHA considers to be essential to achieve adequate employee exposure monitoring while allowing employers to use methods that are already established within their organizations.  All employers who are required to conduct air monitoring under WAC 296-62-07709 are required to utilize analytical laboratories that use this procedure, or an equivalent method, for collecting and analyzing samples.

(1) Sampling and analytical procedure.

(a) The sampling medium for air samples ((shall)) must be mixed cellulose ester filter membranes.  These ((shall)) must be designated by the manufacturer as suitable for asbestos, tremolite, anthophyllite, and actinolite counting.  See below for rejection of blanks.

(b) The preferred collection device ((shall be)) is the 25-mm diameter cassette with an open-faced 50-mm electrically conductive extension cowl.  The 37-mm cassette may be used if necessary but only if written justification for the need to use the 37-mm filter cassette accompanies the sample results in the employee's exposure monitoring record.  Do not reuse or reload cassettes for asbestos sample collection.

(c) An air flow rate between 0.5 liter/min and ((2.5)) 4.0 liters/min ((shall)) must be selected for the 25-mm cassette.  If the 37-mm cassette is used, an air flow rate between 1 liter/min and 4.0 liters/min ((shall)) must be selected.

(d) Where possible, a sufficient air volume for each air sample ((shall)) must be collected to yield between one hundred and one thousand three hundred fibers per square millimeter on the membrane filter.  If a filter darkens in appearance or if loose dust is seen on the filter, a second sample ((shall)) must be started.

(e) Ship the samples in a rigid container with sufficient packing material to prevent dislodging the collected fibers.  Packing material that has a high electrostatic charge on its surface (e.g., expanded polystyrene) cannot be used because such material can cause loss of fibers to the sides of the cassette.

(f) Calibrate each personal sampling pump before and after use with a representative filter cassette installed between the pump and the calibration devices.

(g) Personal samples ((shall)) must be taken in the "breathing zone" of the employee (i.e., attached to or near the collar or lapel near the worker's face).

(h) Fiber counts ((shall)) must be made by positive phase contrast using a microscope with an 8 to 10 X eyepiece and a 40 to 45 X objective for a total magnification of approximately 400 X and a numerical aperture of 0.65 to 0.75.  The microscope shall also be fitted with a green or blue filter.

(i) The microscope ((shall)) must be fitted with a Walton-Beckett eyepiece graticule calibrated for a field diameter of one hundred micrometers (+/-2 micrometers).

(j) The phase-shift detection limit of the microscope ((shall)) must be about 3 degrees measured using the HSE phase shift test slide as outlined below.

(i) Place the test slide on the microscope stage and center it under the phase objective.

(ii) Bring the blocks of grooved lines into focus.


Note: The slide consists of seven sets of grooved lines (ca. 20 grooves to each block) in descending order of visibility from sets one to seven, seven being the least visible.  The requirements for asbestos, tremolite, anthophyllite, and actinolite counting are that the microscope optics must resolve the grooved lines in set three completely, although they may appear somewhat faint, and that the grooved lines in sets six and seven must be invisible.  Sets four and five must be at least partially visible but may vary slightly in visibility between microscopes.  A microscope that fails to meet these requirements has either too low or too high a resolution to be used for asbestos, tremolite, anthophyllite, and actinolite counting.


(iii) If the image deteriorates, clean and adjust the microscope optics.  If the problem persists, consult the microscope manufacturer.

(k) Each set of samples taken will include ten percent blanks or a minimum of two blanks.  These blanks must come from the same lot as the filters used for sample collection.  The field blank results ((shall)) must be averaged and subtracted from the analytical results before reporting.  Any samples represented by a blank having a fiber count in excess of the detection limit of the method being used ((shall)) must be rejected.

(l) The samples ((shall)) must be mounted by the acetone/triacetin method or a method with an equivalent index of refraction and similar clarity.

(m) Observe the following counting rules.

(i) Count only fibers equal to or longer than five micrometers.  Measure the length of curved fibers along the curve.

(ii) Count all particles as asbestos, tremolite, anthophyllite, and actinolite that have a length-to-width ratio (aspect ratio) of three to one or greater.

(iii) Fibers lying entirely within the boundary of the Walton-Beckett graticule field ((shall)) must receive a count of one.  Fibers crossing the boundary once, having one end within the circle, ((shall)) must receive the count of one-half.  Do not count any fiber that crosses the graticule boundary more than once.  Reject and do not count any other fibers even though they may be visible outside the graticule area.

(iv) Count bundles of fibers as one fiber unless individual fibers can be identified by observing both ends of an individual fiber.

(v) Count enough graticule fields to yield 100 fibers.  Count a minimum of 20 fields; stop counting at 100 fields regardless of fiber count.

(n) Blind recounts ((shall)) must be conducted at the rate of ten percent.

(2) Quality control procedures.

(a) Intralaboratory program.  Each laboratory and/or each company with more than one microscopist counting slides ((shall)) must establish a statistically designed quality assurance program involving blind recounts and comparisons between microscopists to monitor the variability of counting by each microscopist and between microscopists.  In a company with more than one laboratory, the program ((shall)) must include all laboratories and ((shall)) must also evaluate the laboratory-to-laboratory variability.

(b) Interlaboratory program.

(i) Each laboratory analyzing asbestos, tremolite, anthophyllite, and actinolite samples for compliance determination shall implement an interlaboratory quality assurance program that as a minimum includes participation of at least two other independent laboratories.  Each laboratory ((shall)) must participate in round robin testing at least once every six months with at least all the other laboratories in its interlaboratory quality assurance group.  Each laboratory ((shall)) must submit slides typical of its own work load for use in this program.  The round robin shall be designed and results analyzed using appropriate statistical methodology.

(ii) All laboratories should participate in a national sample testing scheme such as the Proficiency Analytical Testing Program (PAT), the Asbestos Registry sponsored by the American Industrial Hygiene Association (AIHA).

(c) All individuals performing asbestos, tremolite, anthophyllite, and actinolite analysis must have taken the NIOSH course for sampling and evaluating airborne asbestos, tremolite, anthophyllite, and actinolite dust or an equivalent course, recognized by the department.

(d) When the use of different microscopes contributes to differences between counters and laboratories, the effect of the different microscope ((shall)) must be evaluated and the microscope ((shall)) must be replaced, as necessary.

(e) Current results of these quality assurance programs ((shall)) must be posted in each laboratory to keep the microscopists informed.

[Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  97-01-079, 296-62-07735, filed 12/17/96, effective 3/1/97.  Statutory Authority: RCW 49.17.  87-24-051 (Order 87-24), 296-62-07735, filed 11/30/87.  Statutory Authority: RCW 49.17.050(2) and RCW 49.17.040.  87-10-008 (Order 87-06), 296-62-07735, filed 4/27/87.]


AMENDATORY SECTION(Amending WSR 97-01-079, filed 12/17/96, effective 3/1/97)

WAC 296-62-07737
Appendix B--Detailed procedure for asbestos sampling and analysis--Nonmandatory.


Air
Matrix:
WISHA Permissible Exposure Limits:
Time Weighted Average 0.1 fiber/cc
Excursion Level (30 minutes) 1.0 fiber/cc

Collection Procedure:

A known volume of air is drawn through a 25-mm diameter cassette containing a mixed-cellulose ester filter.  The cassette must be equipped with an electrically conductive 50-mm extension cowl.  The sampling time and rate are chosen to give a fiber density of between 100 to 1,300 fibers/mm2 on the filter.


Recommended Sampling Rate 0.5 to ((5.0)) 4.0 liters/minute (L/min)
Recommended Air Volumes:
Minimum 25 L
Maximum 2,400 L

Analytical Procedure: A portion of the sample filter is cleared and prepared for asbestos fiber counting by Phase Contrast Microscopy (PCM) at 400X.  Commercial manufacturers and products mentioned in this method are for descriptive use only and do not constitute endorsements by WISHA.  Similar products from other sources can be substituted.


Introduction.


This method describes the collection of airborne asbestos fibers using calibrated sampling pumps with mixed-cellulose ester (MCE) filters and analysis by phase contrast microscopy (PCM).  Some terms used are unique to this method and are defined below:

Asbestos: A term for naturally occurring fibrous minerals.  Asbestos includes chrysotile, crocidolite, amosite (cummingtonite-grunerite asbestos), tremolite asbestos, actinolite asbestos, anthophyllite asbestos, and any of these minerals that have been chemically treated and/or altered.  The precise chemical formulation of each species will vary with the location from which it was mined.  Nominal compositions are listed:


Chrysotile Mg3Si2O5(OH)4
Crocidolite Na2Fe32+Fe23+Si8O22(OH)2
Amosite (Mg,Fe)7Si8O22(OH)2
Tremolite-actinolite Ca2(Mg,Fe)5Si8O22(OH)2
Anthophyllite (Mg,Fe)7Si8O22(OH)2

Asbestos Fiber: A fiber of asbestos which meets the criteria specified below for a fiber.

Aspect Ratio: The ratio of the length of a fiber to it's diameter (e.g. 3:1, 5:1 aspect ratios).

Cleavage Fragments: Mineral particles formed by comminution of minerals, especially those characterized by parallel sides and a moderate aspect ratio (usually less than 20:1).

Detection Limit: The number of fibers necessary to be 95% certain that the result is greater than zero.

Differential Counting: The term applied to the practice of excluding certain kinds of fibers from the fiber count because they do not appear to be asbestos.

Fiber: A particle that is 5 m or longer, with a length-to-width ratio of 3 to 1 or longer.

Field: The area within the graticule circle that is superimposed on the microscope image.

Set: The samples which are taken, submitted to the laboratory, analyzed, and for which, interim or final result reports are generated.

Tremolite, Anthophyllite, and Actinolite: The non-asbestos form of these minerals which meet the definition of a fiber.  It includes any of these minerals that have been chemically treated and/or altered.

Walton-Beckett Graticule: An eyepiece graticule specifically designed for asbestos fiber counting.  It consists of a circle with a projected diameter of 100 2 m (area of about 0.00785 mm2) with a crosshair having tic-marks at 3-m intervals in one direction and 5-m in the orthogonal direction.  There are marks around the periphery of the circle to demonstrate the proper sizes and shapes of fibers.  The disk is placed in one of the microscope eyepieces so that the design is superimposed on the field of view.


1. History.


(a) Early surveys to determine asbestos exposures were conducted using impinger counts of total dust with the counts expressed as million particles per cubic foot.  The British Asbestos Research Council recommended filter membrane counting in 1969.  In July 1969, the Bureau of Occupational Safety and Health published a filter membrane method for counting asbestos fibers in the United States.  This method was refined by NIOSH and published as P & CAM 239.  On May 29, 1971, OSHA specified filter membrane sampling with phase contrast counting for evaluation of asbestos exposures at worksites in the United States.  The use of this technique was again required by OSHA in 1986.  Phase contrast microscopy has continued to be the method of choice for the measurement of occupational exposure to asbestos.

(b) Principle.  Air is drawn through a MCE filter to capture airborne asbestos fibers.  A wedge shaped portion of the filter is removed, placed on a glass microscope slide and made transparent.  A measured area (field) is viewed by PCM.  All the fibers meeting a defined criteria for asbestos are counted and considered a measure of the airborne asbestos concentration.

(c) Advantages and Disadvantages

(i) There are four main advantages of PCM over other methods:

(A) The technique is specific for fibers.  Phase contrast is a fiber counting technique which excludes non-fibrous particles from the analysis.

(B) The technique is inexpensive and does not require specialized knowledge to carry out the analysis for total fiber counts.

(C) The analysis is quick and can be performed on-site for rapid determination of air concentrations of asbestos fibers.

(D) The technique has continuity with historical epidemiological studies so that estimates of expected disease can be inferred from long-term determinations of asbestos exposures.

(ii) The main disadvantage of PCM is that it does not positively identify asbestos fibers.  Other fibers which are not asbestos may be included in the count unless differential counting is performed.  This requires a great deal of experience to adequately differentiate asbestos from non-asbestos fibers.  Positive identification of asbestos must be performed by polarized light or electron microscopy techniques.  A further disadvantage of PCM is that the smallest visible fibers are about 0.2 m in diameter while the finest asbestos fibers may be as small as 0.02 m in diameter.  For some exposures, substantially more fibers may be present than are actually counted.

(d) Workplace Exposure.  Asbestos is used by the construction industry in such products as shingles, floor tiles, asbestos cement, roofing felts, insulation and acoustical products.  Non-construction uses include brakes, clutch facings, paper, paints, plastics, and fabrics.  One of the most significant exposures in the workplace is the removal and encapsulation of asbestos in schools, public buildings, and homes.  Many workers have the potential to be exposed to asbestos during these operations.  About 95% of the asbestos in commercial use in the United States is chrysotile.  Crocidolite and amosite make up most of the remainder.  Anthophyllite and tremolite or actinolite are likely to be encountered as contaminants in various industrial products.

(e) Physical Properties.  Asbestos fiber possesses a high tensile strength along its axis, is chemically inert, non-combustible, and heat resistant.  It has a high electrical resistance and good sound absorbing properties.  It can be weaved into cables, fabrics or other textiles, and also matted into asbestos papers, felts, or mats.


2. Range and Detection Limit.


(a) The ideal counting range on the filter is 100 to 1,300 fibers/mm2.  With a Walton-Beckett graticule this range is equivalent to 0.8 to 10 fibers/field.  Using NIOSH counting statistics, a count of 0.8 fibers/field would give an approximate coefficient of variation (CV) of 0.13.

(b) The detection limit for this method is 4.0 fibers per 100 fields or 5.5 fibers/mm2.  This was determined using an equation to estimate the maximum CV possible at a specific concentration (95% confidence) and a Lower Control Limit of zero.  The CV value was then used to determine a corresponding concentration from historical CV vs fiber relationships.  As an example:


Lower Control Limit (95% Confidence)=AC--1.645(CV)(AC)
Where:
AC = Estimate of the airborne fiber concentration (fibers/cc) Setting the Lower Control Limit=0 and solving for CV:
0 = AC--1.645(CV)(AC)
CV = 0.61

This value was compared with CV vs. count curves.  The count at which CV= 0.61 for Leidel-Busch counting statistics 8(i) or for an OSHA Salt Lake Technical Center (OSHA-SLTC) CV curve (see Appendix A for further information) was 4.4 fibers or 3.9 fibers per 100 fields, respectively.  Although a lower detection limit of 4 fibers per 100 fields is supported by the OSHA-SLTC data, both data sets support the 4.5 fibers per 100 fields value.


3. Method Performance--Precision and Accuracy.  Precision is dependent upon the total number of fibers counted and the uniformity of the fiber distribution on the filter.  A general rule is to count at least 20 and not more than 100 fields.  The count is discontinued when 100 fibers are counted, provided that 20 fields have already been counted.  Counting more than 100 fibers results in only a small gain in precision.  As the total count drops below 10 fibers, an accelerated loss of precision is noted.  At this time, there is no known method to determine the absolute accuracy of the asbestos analysis.  Results of samples prepared through the Proficiency Analytical Testing (PAT) Program and analyzed by the OSHA-SLTC showed no significant bias when compared to PAT reference values.  The PAT samples were analyzed from 1987 to 1989 (N=36) and the concentration range was from 120 to 1,300 fibers/mm2.


4. Interferences.  Fibrous substances, if present, may interfere with asbestos analysis.  Some common fibers are:


Fiber glass Perlite veins.
Anhydrite plant fibers gypsum Some synthetic fibers.
Membrane structures Sponge spicules and diatoms.
Microorganisms Wollastonite.

The use of electron microscopy or optical tests such as polarized light, and dispersion staining may be used to differentiate these materials from asbestos when necessary.


5. Sampling.


(a) Equipment.

(i) Sample assembly.  Conductive filter holder consisting of a 25-mm diameter, 3-piece cassette having a 50-mm long electrically conductive extension cowl.  Backup pad, 25-mm, cellulose.  Membrane filter, mixed-cellulose ester (MCE), 25-mm, plain, white, 0.8-to 1.2-m pore size.


Notes: (A) DO NOT RE-USE CASSETTES.

(B) Fully conductive cassettes are required to reduce fiber loss to the sides of the cassette due to electrostatic attraction.

(C) Purchase filters which have been selected by the manufacturer for asbestos counting or analyze representative filters for fiber background before use.  Discard the filter lot if more than ((4)) 5 fibers/100 fields are found.

(D) To decrease the possibility of contamination, the sampling system (filter-backup pad-cassette) for asbestos is usually preassembled by the manufacturer.

(ii) Gel bands for sealing cassettes.

(iii) Sampling pump.  Each pump must be a battery operated, self-contained unit small enough to be placed on the monitored employee and not interfere with the work being performed.  The pump must be capable of sampling at 2.5 liters per minute (L/min) for the required sampling time.

(iv) Flexible tubing, 6-mm bore.

(v) Pump calibration.  Stopwatch and bubble tube/burette or electronic meter.

(b) Sampling Procedure.

(i) Seal the point where the base and cowl of each cassette meet with a gel band or tape.

(ii) Charge the pumps completely before beginning.

(iii) Connect each pump to a calibration cassette with an appropriate length of 6-mm bore plastic tubing.  Do not use luer connectors--the type of cassette specified above has built-in adapters.

(iv) Select an appropriate flow rate for the situation being monitored.  The sampling flow rate must be between 0.5 and ((5.0)) 4.0 L/min for personal sampling and is commonly set between 1 and 2 L/min.  Always choose a flow rate that will not produce overloaded filters.

(v) Calibrate each sampling pump before and after sampling with a calibration cassette in-line (Note: This calibration cassette should be from the same lot of cassettes used for sampling).  Use a primary standard (e.g. bubble burette) to calibrate each pump.  If possible, calibrate at the sampling site.


Note: If sampling site calibration is not possible, environmental influences may affect the flow rate. The extent is dependent on the type of pump used. Consult with the pump manufacturer to determine dependence on environmental influences. If the pump is affected by temperature and pressure changes, use the formula in ((Appendix B to)) subsection (10) of this section to calculate the actual flow rate.

(vi) Connect each pump to the base of each sampling cassette with flexible tubing.  Remove the end cap of each cassette and take each air sample open face.  Assure that each sample cassette is held open side down in the employee's breathing zone during sampling.  The distance from the nose/mouth of the employee to the cassette should be about 10 cm.  Secure the cassette on the collar or lapel of the employee using spring clips or other similar devices.

(vii) A suggested minimum air volume when sampling to determine TWA compliance is 25 L.  For Excursion Limit (30 min sampling time) evaluations, a minimum air volume of 48 L is recommended.

(viii) The most significant problem when sampling for asbestos is overloading the filter with non-asbestos dust.  Suggested maximum air sample volumes for specific environments are:


((Type of asbestos

Index of refraction
Chrysotile. . . . . . . . . . . . . n=1.550.
Amosite. . . . . . . . . . . . . n=1.670 r 1.680.
Crocidolite. . . . . . . . . . . . n=1.690.
Anthophylite. . . . . . . . . . n=1.605 nd 1.620.
Tremolite. . . . . . . . . . . . . n=6.05 and 1.620
Actinolite. . . . . . . . . . . . . n=1.620))

Environment Air Vol. (L)
Asbestos removal operations (visible dust) 100
Asbestos removal operations (little dust) 240
Office environments 400 to 2,400

Caution: Do not overload the filter with dust. High levels of non-fibrous dust particles may obscure fibers on the filter and lower the count or make counting impossible. If more than about 25 to 30% of the field area is obscured with dust, the result may be biased low. Smaller air volumes may be necessary when there is excessive non-asbestos dust in the air. While sampling, observe the filter with a small flashlight. If there is a visible layer of dust on the filter, stop sampling, remove and seal the cassette, and replace with a new sampling assembly. The total dust loading should not exceed 1 mg.

(ix) Blank samples are used to determine if any contamination has occurred during sample handling.  Prepare two blanks for the first 1 to 20 samples.  For sets containing greater than 20 samples, prepare blanks as 10% of the samples.  Handle blank samples in the same manner as air samples with one exception: Do not draw any air through the blank samples.  Open the blank cassette in the place where the sample cassettes are mounted on the employee.  Hold it open for about 30 seconds.  Close and seal the cassette appropriately.  Store blanks for shipment with the sample cassettes.

(x) Immediately after sampling, close and seal each cassette with the base and plastic plugs.  Do not touch or puncture the filter membrane as this will invalidate the analysis.

(xi) Attach a seal (OSHA-21 or equivalent) around each cassette in such a way as to secure the end cap plug and base plug.  Tape the ends of the seal together since the seal is not long enough to be wrapped end-to-end.  Also wrap tape around the cassette at each joint to keep the seal secure.

(c) Sample Shipment.

(i) Send the samples to the laboratory with paperwork requesting asbestos analysis.  List any known fibrous interferences present during sampling on the paperwork.  Also, note the workplace operation(s) sampled.

(ii) Secure and handle the samples in such that they will not rattle during shipment nor be exposed to static electricity.  Do not ship samples in expanded polystyrene peanuts, vermiculite, paper shreds, or excelsior.  Tape sample cassettes to sheet bubbles and place in a container that will cushion the samples without rattling.

(iii) To avoid the possibility of sample contamination, always ship bulk samples in separate mailing containers.


6. Analysis.


(a) Safety Precautions.

(i) Acetone is extremely flammable and precautions must be taken not to ignite it.  Avoid using large containers or quantities of acetone.  Transfer the solvent in a ventilated laboratory hood.  Do not use acetone near any open flame.  For generation of acetone vapor, use a spark free heat source.

(ii) Any asbestos spills should be cleaned up immediately to prevent dispersal of fibers.  Prudence should be exercised to avoid contamination of laboratory facilities or exposure of personnel to asbestos.  Asbestos spills should be cleaned up with wet methods and/or a High Efficiency Particulate-Air (HEPA) filtered vacuum.

Caution: Do not use a vacuum without a HEPA filter--It will disperse fine asbestos fibers in the air.


(b) Equipment.

(i) Phase contrast microscope with binocular or trinocular head.

(ii) Widefield or Huygenian 10X eyepieces (NOTE: The eyepiece containing the graticule must be a focusing eyepiece.  Use a 40X phase objective with a numerical aperture of 0.65 to 0.75).

(iii) Kohler illumination (if possible) with green or blue filter.

(iv) Walton-Beckett Graticule, type G-22 with 100 2 m projected diameter.

(v) Mechanical stage.  A rotating mechanical stage is convenient for use with polarized light.

(vi) Phase telescope.

(vii) Stage micrometer with 0.01-mm subdivisions.

(viii) Phase-shift test slide, mark II (Available from PTR optics Ltd., and also McCrone).

(ix) Precleaned glass slides, 25 mm X 75 mm.  One end can be frosted for convenience in writing sample numbers, etc., or paste-on labels can be used.

(x) Cover glass #1-1/2.

(xi) Scalpel (#10, curved blade).

(xii) Fine tipped forceps.

(xiii) Aluminum block for clearing filter.

(xiv) Automatic adjustable pipette, 100-to 500-L.

(xv) Micropipette, 5 L.

(c) Reagents.

(i) Acetone (HPLC grade).

(ii) Triacetin (glycerol triacetate).

(iii) Lacquer or nail polish.

(d) Standard Preparation.  A way to prepare standard asbestos samples of known concentration has not been developed.  It is possible to prepare replicate samples of nearly equal concentration.  This has been performed through the PAT program.  These asbestos samples are distributed by the AIHA to participating laboratories.  Since only about one-fourth of a 25-mm sample membrane is required for an asbestos count, any PAT sample can serve as a "standard" for replicate counting.

(e) Sample Mounting.


Note: See Safety Precautions in (6)(a) before proceeding. The objective is to produce samples with a smooth (non-grainy) background in a medium with a refractive index of approximately 1.46. The technique below collapses the filter for easier focusing and produces permanent mounts which are useful for quality control and interlaboratory comparison. An aluminum block or similar device is required for sample preparation.

See Safety Precautions in (6)(a) before proceeding. The objective is to produce samples with a smooth (non-grainy) background in a medium with a refractive index of approximately 1.46. The technique below collapses the filter for easier focusing and produces permanent mounts which are useful for quality control and interlaboratory comparison. An aluminum block or similar device is required for sample preparation.

(i) Heat the aluminum block to about 70C.  The hot block should not be used on any surface that can be damaged by either the heat or from exposure to acetone.

(ii) Ensure that the glass slides and cover glasses are free of dust and fibers.

(iii) Remove the top plug to prevent a vacuum when the cassette is opened.  Clean the outside of the cassette if necessary.  Cut the seal and/or tape on the cassette with a razor blade.  Very carefully separate the base from the extension cowl, leaving the filter and backup pad in the base.

(iv) With a rocking motion cut a triangular wedge from the filter using the scalpel.  This wedge should be one-sixth to one-fourth of the filter.  Grasp the filter wedge with the forceps on the perimeter of the filter which was clamped between the cassette pieces.  DO NOT TOUCH the filter with your finger.  Place the filter on the glass slide sample side up.  Static electricity will usually keep the filter on the slide until it is cleared.

(v) Place the tip of the micropipette containing about 200 L acetone into the aluminum block.  Insert the glass slide into the receiving slot in the aluminum block.  Inject the acetone into the block with slow, steady pressure on the plunger while holding the pipette firmly in place.  Wait 3 to 5 seconds for the filter to clear, then remove the pipette and slide from the aluminum block.

(vi) Immediately (less than 30 seconds) place 2.5 to 3.5 L of triacetin on the filter (Note: Waiting longer than 30 seconds will result in increased index of refraction and decreased contrast between the fibers and the preparation.  This may also lead to separation of the cover slip from the slide).

(vii) Lower a cover slip gently onto the filter at a slight angle to reduce the possibility of forming air bubbles.  If more than 30 seconds have elapsed between acetone exposure and triacetin application, glue the edges of the cover slip to the slide with lacquer or nail polish.

(viii) If clearing is slow, warm the slide for 15 min on a hot plate having a surface temperature of about 50C to hasten clearing.  The top of the hot block can be used if the slide is not heated too long.

(ix) Counting may proceed immediately after clearing and mounting are completed.

(f) Sample Analysis.  Completely align the microscope according to the manufacturer's instructions.  Then, align the microscope using the following general alignment routine at the beginning of every counting session and more often if necessary.

(i) Alignment.

(A) Clean all optical surfaces.  Even a small amount of dirt can significantly degrade the image.

(B) Rough focus the objective on a sample.

(C) Close down the field iris so that it is visible in the field of view.  Focus the image of the iris with the condenser focus.  Center the image of the iris in the field of view.

(D) Install the phase telescope and focus on the phase rings.  Critically center the rings.  Misalignment of the rings results in astigmatism which will degrade the image.

(E) Place the phase-shift test slide on the microscope stage and focus on the lines.  The analyst must see line set 3 and should see at least parts of 4 and 5 but, not see line set 6 or 6.  A microscope/microscopist combination which does not pass this test may not be used.

(ii) Counting Fibers.

(A) Place the prepared sample slide on the mechanical stage of the microscope.  Position the center of the wedge under the objective lens and focus upon the sample.

(B) Start counting from one end of the wedge and progress along a radial line to the other end (count in either direction from perimeter to wedge tip).  Select fields randomly, without looking into the eyepieces, by slightly advancing the slide in one direction with the mechanical stage control.

(C) Continually scan over a range of focal planes (generally the upper 10 to 15 m of the filter surface) with the fine focus control during each field count.  Spend at least 5 to 15 seconds per field.

(D) Most samples will contain asbestos fibers with fiber diameters less than 1 .  Look carefully for faint fiber images.  The small diameter fibers will be very hard to see.  However, they are an important contribution to the total count.

(E) Count only fibers equal to or longer than 5 .  Measure the length of curved fibers along the curve.

(F) Count fibers which have a length to width ratio of 3:1 or greater.

(G) Count all the fibers in at least 20 fields.  Continue counting until either 100 fibers are counted or 100 fields have been viewed; whichever occurs first.  Count all the fibers in the final field.

(H) Fibers lying entirely within the boundary of the Walton-Beckett graticule field ((shall)) receive a count of 1.  Fibers crossing the boundary once, having one end within the circle ((shall)) receive a count of 1/2.  Do not count any fiber that crosses the graticule boundary more than once.  Reject and do not count any other fibers even though they may be visible outside the graticule area.  If a fiber touches the circle, it is considered to cross the line.

(I) Count bundles of fibers as one fiber unless individual fibers can be clearly identified and each individual fiber is clearly not connected to another counted fiber.

(J) Record the number of fibers in each field in a consistent way such that filter non-uniformity can be assessed.

(K) Regularly check phase ring alignment.

(L) When an agglomerate (mass of material) covers more than 25% of the field of view, reject the field and select another.  Do not include it in the number of fields counted.

(M) Perform a "blind recount" of 1 in every 10 filter wedges (slides).  Re-label the slides using a person other than the original counter.

(g) Fiber Identification.  As previously mentioned in (1)(c), PCM does not provide positive confirmation of asbestos fibers.  Alternate differential counting techniques should be used if discrimination is desirable.  Differential counting may include primary discrimination based on morphology, polarized light analysis of fibers, or modification of PCM data by Scanning Electron or Transmission Electron Microscopy.  A great deal of experience is required to routinely and correctly perform differential counting.  It is discouraged unless it is legally necessary.  Then, only if a fiber is obviously not asbestos should it be excluded from the count.  Further discussion of this technique can be found in reference 8(j).  If there is a question whether a fiber is asbestos or not, follow the rule: "WHEN IN DOUBT, COUNT."

(h) Analytical Recommendations--Quality Control System.

(i) All individuals performing asbestos analysis must have taken the NIOSH course for sampling and evaluating airborne asbestos or an equivalent course.

(ii) Each laboratory engaged in asbestos counting ((shall)) must set up a slide trading arrangement with at least two other laboratories in order to compare performance and eliminate inbreeding of error.  The slide exchange occurs at least semiannually.  The round robin results ((shall)) must be posted where all analysts can view individual analyst's results.

(iii) Each laboratory engaged in asbestos counting ((shall)) must participate in the Proficiency Analytical Testing Program, the Asbestos Analyst Registry or equivalent.

(iv) Each analyst ((shall)) must select and count prepared slides from a "slide bank".  These are quality assurance counts.  The slide bank ((shall)) must be prepared using uniformly distributed samples taken from the workload.  Fiber densities should cover the entire range routinely analyzed by the laboratory.  These slides are counted blind by all counters to establish an original standard deviation.  This historical distribution is compared with the quality assurance counts.  A counter must have 95% of all quality control samples counted within three standard deviations of the historical mean.  This count is then integrated into a new historical mean and standard deviation for the slide.  The analyses done by the counters to establish the slide bank may be used for an interim quality control program if the data are treated in a proper statistical fashion.


7. Calculations.


(a) Calculate the estimated airborne asbestos fiber concentration on the filter sample using the following formula:
Place illustration here.

Where:
AC = Airborne fiber concentration
FB = Total number of fibers greater than 5 m counted
FL = Total number of fields counted on the filter
BFB = Total number of fibers greater than 5m counted in the blank
BFL = Total number of fields counted on the blank
ECA = Effective collecting area of filter (385 mm2 nominal for a 25-mm filter.)
FR = Pump flow rate (L/min)
MFA = Microscope count field area (mm2). This is 0.00785 mm2 for a Walton-Beckett Graticule.
T = Sample collection time (min)
1,000 = Conversion of L to cc

Note: The collection area of a filter is seldom equal to 385 mm2. It is appropriate for laboratories to routinely monitor the exact diameter using an inside micrometer. The collection area is calculated according to the formula: Area= &pgr;(d/2)2


(b) Short-cut Calculation

Since a given analyst always has the same interpupillary distance, the number of fields per filter for a particular analyst will remain constant for a given size filter.  The field size for that analyst is constant (i.e. the analyst is using an assigned microscope and is not changing the reticle).  For example, if the exposed area of the filter is always 385 mm2 and the size of the field is always 0.00785 mm2, the number of fields per filter will always be 49,000.  In addition it is necessary to convert liters of air to cc.  These three constants can then be combined such that ECA/(1,000 X MFA)= 49.  The previous equation simplifies to:
Place illustration here.
(c) Recount Calculations.  As mentioned in step 13 of 6 (f)(ii), a "blind recount" of 10% of the slides is performed.  In all cases, differences will be observed between the first and second counts of the same filter wedge.  Most of these differences will be due to chance alone, that is, due to the random variability (precision) of the count method.  Statistical recount criteria enables one to decide whether observed differences can be explained due to chance alone or are probably due to systematic differences between analysts, microscopes, or other biasing factors.  The following recount criterion is for a pair of counts that estimate AC in fibers/cc.  The criterion is given at the type-I error level.  That is, there is 5% maximum risk that we will reject a pair of counts for the reason that one might be biased, when the large observed difference is really due to chance.  Reject a pair of counts if:
Place illustration here.
Where:
AC1 = lower estimated airborne fiber concentration
AC2 = higher estimated airborne fiber concentration
ACavg = average of the two concentration estimates
CVFB = CV for the average of the two concentration estimates

If a pair of counts are rejected by this criterion then, recount the rest of the filters in the submitted set.  Apply the test and reject any other pairs failing the test.  Rejection shall include a memo to the industrial hygienist stating that the sample failed a statistical test for homogeneity and the true air concentration may be significantly different than the reported value.

(d) Reporting Results.  Report results to the industrial hygienist as fibers/cc.  Use two significant figures.  If multiple analyses are performed on a sample, an average of the results is to be reported unless any of the results can be rejected for cause.


8. References.


(a) Dreesen, W.C., et al, U.S. Public Health Service: A Study of Asbestosis in the Asbestos Textile Industry, (Public Health Bulletin No. 241), US Treasury Dept., Washington, DC, 1938.

(b) Asbestos Research Council: The Measurement of Airborne Asbestos Dust by the Membrane Filter Method (Technical Note), Asbestos Research Council, Rockdale, Lancashire, Great Britain, 1969.

(c) Bayer, S.G., Zumwalde, R.D., Brown, T.A., Equipment and Procedure for Mounting Millipore Filters and Counting Asbestos Fibers by Phase Contrast Microscopy, Bureau of Occupational Health, U.S. Dept. of Health, Education and Welfare, Cincinnati, OH, 1969.

(d) NIOSH Manual of Analytical Methods, 2nd ed., Vol. 1 (DHEW/NIOSH Pub. No. 77-157-A).  National Institute for Occupational Safety and Health, Cincinnati, OH, 1977.pp.239-1-239-21.

(e) Asbestos, Code of Federal Regulations 29 CFR 1910.1001. 1971.

(f) Occupational Exposure to Asbestos, Tremolite, Anthophyllite, and Actinolite.  Final Rule, Federal Register 51: 119 (20 June 1986). pp.22612-22790.

(g) Asbestos, Tremolite, Anthophyllite, and Actinolite, Code of Federal Regulations 1910.1001. 1988. pp 711-752.

(h) Criteria for a Recommended Standard--Occupational Exposure to Asbestos (DHEW/NIOSH Pub. No. HSM 72-10267), National Institute for Occupational Safety and Health NIOSH, Cincinnati, OH, 1972. pp. III-1-III-24.

(i) Leidel, N.A., Bayer, S.G., Zumwalde, R.D., Busch, K.A., USPHS/NIOSH Membrane Filter Method for Evaluating Airborne Asbestos Fibers (DHEW/NIOSH Pub. No. 79-127).  National Institute for Occupational Safety and Health, Cincinnati, OH, 1979.

(j) Dixon, W.C., Applications of Optical Microscopy in Analysis of Asbestos and Quartz, Analytical Techniques in Occupational Health Chemistry, edited by D.D. Dollberg and A.W. Verstuyft. Wash. D.C.: American Chemical Society, (ACS Symposium Series 120) 1980. pp. 13-41.


9. Quality Control.  The OSHA asbestos regulations require each laboratory to establish a quality control program.  The following is presented as an example of how the OSHA-SLTC constructed its internal CV curve as part of meeting this requirement.  Data for the CV curve shown below is from 395 samples collected during OSHA compliance inspections and analyzed from October 1980 through April 1986.  Each sample was counted by 2 to 5 different counters independently of one another.  The standard deviation and the CV statistic was calculated for each sample.  This data was then plotted on a graph of CV vs. fibers/mm2.  A least squares regression was performed using the following equation:


CV=antilog10[A(log10(x))2+B(log10(x))+C]
Where:

x= the number of fibers/mm2

Application of least squares gave:

A=0.182205
B=-0.973343
C=0.327499

Using these values, the equation becomes:

CV= antilog10[0.182205(log10 (x))2- 0.973343(log 10(x)) +0.327499].

10. Sampling Pump Flow Rate Corrections.  This correction is used if a difference greater than 5% in ambient temperature and/or pressure is noted between calibration and sampling sites and the pump does not compensate for the differences.
Place illustration here.
Where:
Qact = actual flow rate
Qcal = calibrated flow rate (if a rotameter was used, the rotameter value)
Pcal = uncorrected air pressure at calibration
Pact = uncorrected air pressure at sampling site
Tact = temperature at sampling site (K)
Tcal = temperature at calibration (K)

11.  Walton-Beckett Graticule


When ordering the Graticule for asbestos counting, specify the exact disc diameter needed to fit the ocular of the microscope and the diameter (mm) of the circular counting area.  Instructions for measuring the dimensions necessary are listed:

(a) Insert any available graticule into the focusing eyepiece and focus so that the graticule lines are sharp and clear.

(b) Align the microscope.

(c) Place a stage micrometer on the microscope object stage and focus the microscope on the graduated lines.

(d) Measure the magnified grid length, PL (m), using the stage micrometer.

(e) Remove the graticule from the microscope and measure its actual grid length, AL (mm).  This can be accomplished by using a mechanical stage fitted with verniers, or a jeweler's loupe with a direct reading scale.

(f) Let D=100 m.  Calculate the circle diameter, dc (mm), for the Walton-Beckett graticule and specify the diameter when making a purchase:
Place illustration here.

Example: If PL=108 m, AL=2.93 mm and D=100 m, then,
dc= (2.93 x 100)/108= 2.71 mm

(g) Each eyepiece-objective-reticle combination on the microscope must be calibrated.  Should any of the three be changed (by zoom adjustment, disassembly, replacement, etc.), the combination must be recalibrated.  Calibration may change if interpupillary distance is changed.  Measure the field diameter, D (acceptable range: 100 2 m) with a stage micrometer upon receipt of the graticule from the manufacturer.  Determine the field area (mm2).


Field Area=&pgr;(D/2)2
If D=100 m=0.1 mm, then
Field Area=+(0.1 mm/2)2=0.00785 mm2

The Graticule is available from: Graticules Ltd., Morley Road, Tonbridge TN9 IRN, Kent, England (Telephone 011-44-732-359061). Also available from PTR Optics Ltd., 145 Newton Street, Waltham, MA 02154 [telephone (617) 891-6000] or McCrone Accessories and Components, 2506 S. Michigan Ave., Chicago, IL 60616 [phone (312) 842-7100].  The graticule is custom made for each microscope.


BILLING CODE 4510-26-P
Place illustration here.

[Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  97-01-079, 296-62-07737, filed 12/17/96, effective 3/1/97.  Statutory Authority: RCW 49.17.  87-24-051 (Order 87-24), 296-62-07737, filed 11/30/87.  Statutory Authority: RCW 49.17.050(2) and RCW 49.17.040.  87-10-008 (Order 87-06), 296-62-07737, filed 4/27/87.]

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

OTS-2921.3


AMENDATORY SECTION(Amending WSR 96-05-056, filed 2/16/96, effective 4/1/96)

WAC 296-65-003
Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this standard.

"Approved" means approved by the department.

"Asbestos" includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, and actinolite asbestos, and any of these minerals that have been chemically treated and/or altered.

"Asbestos fiber" means asbestos fiber as defined in WAC 296-62-07703 as "fiber."

"Asbestos abatement project" means an asbestos project involving three square feet or three linear feet, or more, of asbestos containing material.

"Asbestos project" includes the construction, demolition, repair, remodeling, maintenance or renovation of any public or private building or structure, mechanical piping equipment or system involving the demolition, removal, encapsulation, salvage, or disposal of material or outdoor activity releasing or likely to release asbestos fibers into the air.  ((Removal of intact vinyl asbestos tile (VAT), and intact roofing materials is excluded from this definition, unless these items are removed by mechanical methods such as chipping, grinding, sanding, or sawing.  Also excluded is any project in which there is a disturbance of asbestos of less than one square foot of total surface area of asbestos-containing material (ACM), but this latter exclusion does not pertain to any disturbance of asbestos during a project dealing with pipe insulation.  Also excluded from this definition is work on asbestos-cement water pipe provided such work is done in accordance with the latest edition of "Recommended Standard Asbestos-Cement Pipe Work Practice Procedures and Training Requirements" adopted and published by the Pacific Northwest Section of the American Water Works Association and as approved by the department.))

"Certified asbestos contractor" means any partnership, firm, association, corporation or sole proprietorship, registered under RCW 18.27, that submits a bid, or contracts to remove or encapsulate asbestos for another and is certified by the department to remove or encapsulate asbestos.

"Certificate" means a certificate issued by the department that shall include the name of person awarded the certificate, certificate number, the discipline for which certification was conferred, training and examination dates, the course provider's name and address, and the course provider's telephone number, expiration date, and a statement that the person receiving the certificate has completed the training for asbestos accreditation under TSCA Title II.

"Certified asbestos supervisor" means an individual who is certified by the department under WAC 296-65-012.

"Certified asbestos worker" means an individual certified by the department under WAC 296-65-010.

"Department" means the department of labor and industries.

"Demolition" means the activity of razing a structure which includes the wrecking, removal, or dismantling of any load-supporting structural member of any facility including any related handling operations.

(("Direct on-site supervision" means the supervision of no more than three workers by a certified asbestos supervisor who is physically present at all times at the asbestos project.  It includes the authority to immediately correct any deficiencies on the project.))

"Director" means the director of the department of labor and industries or the director's designee.

"Emergency project" means a project that was not planned but results from a sudden, unexpected event and includes operations which are necessitated by nonroutine failures of equipment or systems.

"Encapsulation" means the application of an encapsulant to asbestos containing materials to control the release of asbestos fibers into the air.  The encapsulation process either creates a membrane over the surface (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant).

"EPA MAP" means the environmental protection agency model accreditation plan for asbestos requirements in 40 CFR Part 763.

"HEPA filtration" means high-efficiency particulate air filtration found in respirators and vacuum systems capable of filtering 0.3 micron particles with 99.97% efficiency.

"Intact" means that the asbestos containing material has not crumbled, been pulverized, or otherwise deteriorated so that it is no longer likely to be bound with its matrix.

"NESHAP" means the National Emission Standards for Hazardous Air Pollutants.

"Owner" means the person who owns any public or private building, structure, facility, or mechanical system, or the remnants thereof, or the agent of such person, but does not include individuals who work on asbestos projects in their own single-family residences, no part of which is used for commercial purposes.

"Person" means any individual, partnership, firm, association, corporation, sole proprietorship, or the state of Washington or its political subdivisions.

"Revocation" means a permanent withdrawal of a certification issued by the department.

"Suspension" means a temporary withdrawal of a certification issued by the department.  No suspension shall be less than six months or longer than one year.

[Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  96-05-056, 296-65-003, filed 2/16/96, effective 4/1/96.  Statutory Authority: RCW 49.17.  89-21-018 (Order 89-10), 296-65-003, filed 10/10/89, effective 11/24/89; 87-24-051 (Order 87-24), 296-65-003, filed 11/30/87.  Statutory Authority: SSB 4209, 1985 c 387.  85-21-080 (Order 85-30), 296-65-003, filed 10/22/85.]


AMENDATORY SECTION(Amending WSR 96-05-056, filed 2/16/96, effective 4/1/96)

WAC 296-65-010
Asbestos worker certification.

(1) For the purposes of this section "individual" means any natural person.

(2) To qualify for an asbestos worker certificate, an individual must do the following:

(a) Successfully complete an approved asbestos worker training course;

(b) Achieve a score of at least seventy percent on a one hundred question multiple choice closed book examination approved by the department but administered by the training course sponsor. If an individual does not pass the examination, then another examination (meeting the above criteria) may be given after a sufficient period of study. The new examination must not duplicate more than fifty percent of the questions used on prior examinations;

(c) Submit to the department a timely application validated by an approved training course sponsor.  To be considered timely, an application must be received by the department ((not)) no later than sixty days after the completion of the course.  In the event that an application is not timely, the individual ((shall)) will be required to pass, with a score of at least seventy percent, an examination administered by the department.  A nonrefundable fifty-dollar ((assessment shall be charged to take this examination)) fee will be assessed when the application is submitted to the department; and

(d) Pay the fee prescribed in WAC 296-65-025.

(3) Individuals ((shall)) must not perform any asbestos project work prior to issuance of the certificate.

(4) Certificates ((shall)) will be issued and mailed to the individual applicants and ((shall)) will be valid for one year from the date of issuance.

(5) Certified asbestos workers shall attend an eight-hour worker refresher course prior to certificate renewal.

(a) The course shall, at a minimum, adequately review the subjects required by WAC 296-65-005, update information on state-of-the-art procedures and equipment, and review regulatory changes and interpretations.  ((Specific subjects may be required by)) The department may require specific subjects.

(b) An application for renewal of the certificate must be validated by the refresher training course instructor.

(c) The refresher course must be taken prior to expiration of the certificate.

(d) The ((certificate renewal application must be received by the)) department must receive the certificate renewal application no later than the expiration date of the current certificate.  Applicants missing this renewal deadline ((shall)) will be required to pass, with a score of seventy percent, an examination administered by the department.  A nonrefundable fifty-dollar fee will be charged to take this examination.

(e) Individuals whose certificates have been expired for more than six months will be required to retake the entire basic worker course.

(6) The initial TSCA Title II worker accreditation certificate and the current worker certificate ((shall)) must be available for inspection at all times at the location of the asbestos project.

(7) The department may suspend or revoke a certificate as provided in WAC 296-65-050 and WAC 296-350.

[Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  96-05-056, 296-65-010, filed 2/16/96, effective 4/1/96.  Statutory Authority: RCW 49.17.  89-21-018 (Order 89-10), 296-65-010, filed 10/10/89, effective 11/24/89.  Statutory Authority: SSB 4209, 1985 c 387.  85-21-080 (Order 85-30), 296-65-010, filed 10/22/85.]


AMENDATORY SECTION(Amending WSR 96-05-056, filed 2/16/96, effective 4/1/96)

WAC 296-65-012
Asbestos supervisor certification.

(1) For the purposes of this section, "individual" means any natural person.

(2) To qualify for an asbestos supervisor certificate, an individual must meet the following criteria:

(a) Have at least 1600 hours of experience in one or more of the following disciplines:

(i) Asbestos abatement;

(ii) Asbestos project design;

(iii) Consultation on asbestos abatement projects;

(iv) Operations and maintenance program supervision;

(v) Construction project supervision;

(b) Successfully complete an approved asbestos supervisor training course;

(c) Achieve a score of at least seventy percent on a one hundred question multiple choice closed book examination approved by the department but administered by the training course sponsor. If an individual does not pass the examination, then another examination (meeting the above criteria) may be given after a sufficient period of study. The new examination must not duplicate more than fifty percent of the questions used on prior examinations;

(d) Submit to the department a timely application validated by an approved training course sponsor.  To be considered timely, an application must be received by the department ((not)) no later than sixty days after the completion of the course.  In the event that an application is not timely, the individual ((shall)) will be required to pass, with a score of at least seventy percent, an examination administered by the department.  A nonrefundable fifty-dollar ((assessment shall be charged to take this examination)) fee will be assessed when the application is submitted to the department; and

(e) Pay the fee prescribed in WAC 296-65-025.

(3) An individual ((shall)) must not supervise any asbestos project prior to issuance of the certificate.

(4) Certificates ((shall)) will be issued and mailed to the individual applicants and ((shall)) will be valid for one year from the date of issuance.

(5) A certified asbestos supervisor ((shall)) must attend an eight-hour supervisor refresher course prior to certificate renewal.  It ((shall)) is not ((be)) necessary to also take a worker refresher course.

(a) The course ((shall)) must, at a minimum, adequately review the subjects required by WAC 296-65-007, update information on state-of-the-art procedures and equipment, and review regulatory changes and interpretations.  ((Specific subjects may be required by the department.)) The department may require specific subjects.

(b) An application for renewal of the certificate must be validated by the refresher training course instructor.

(c) The refresher course must be taken prior to expiration of the certificate.

(d) The ((certificate renewal application must be received by the)) department must receive the certificate renewal application no later than the expiration date of the current certificate.  Applicants missing this renewal deadline ((shall)) will be required to pass, with a score of seventy percent, an examination administered by the department.  A nonrefundable fifty-dollar fee will be charged to take this examination.

(e) Individuals whose certificates have been expired for more than six months will be required to retake the entire basic supervisor course.

(6) The initial TSCA Title II supervisor accreditation certificate and the current supervisor certificate ((shall)) must be available for inspection at all times at the location of the asbestos project.

(7) The department may suspend or revoke a certificate as provided in WAC 296-65-050 and WAC 296-350.

[Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  96-05-056, 296-65-012, filed 2/16/96, effective 4/1/96.  Statutory Authority: RCW 49.17.  89-21-018 (Order 89-10), 296-65-012, filed 10/10/89, effective 11/24/89.]


AMENDATORY SECTION(Amending WSR 96-05-056, filed 2/16/96, effective 4/1/96)

WAC 296-65-020
Notification requirements.

(1) Before any person or individual begins an asbestos project as defined in WAC 296-62-07722 and 296-65-003 involving more than forty-eight square feet or ten linear feet, unless the surface area of the pipe is greater than forty-eight square feet, of asbestos containing material, written notification ((shall)) must be provided to the department.  Notices ((shall)) must include:

(a) Name and address of the owner and contractor.

(b) Description of the facility including size, age, and prior use of the facility.

(c) Amount of asbestos-containing material to be removed or encapsulated.

(d) Location of the facility.

(e) Exact starting and completion dates of the asbestos project, including shifts during which abatement work will be accomplished.  These dates must correspond to the dates specified for asbestos removal in the contract.  Any change in these dates or work shifts ((shall)) must be communicated to the department by an amended notice filed at the office where the original notice was filed.

When the starting date or time changes, the amended notice must be filed no later than 5:00 p.m. on the business day prior to the starting date in the original notice and prior to the new starting date.

When the completion date or time changes, the amended notice must be filed before completion of the project, and within eight hours from when the person learns that the change will occur.

Notice may be filed by facsimile (FAX).

(f) Nature of the project and methods used to remove or encapsulate the material.

(2) Notices must be received by the department no later than ten days prior to the start of the project.  Notices ((shall)) must be sent directly to the department of labor and industries regional office having jurisdiction on the project.

(3) The director may waive the prenotification requirement upon written request of an owner for large-scale, on-going projects.  In granting such a waiver, the director ((shall)) will require the owner to provide prenotification if significant changes in personnel, methodologies, equipment, work site, or work procedures occur or are likely to occur.  The director ((shall)) will further require annual resubmittal of such notification.

(4) The director, upon review of an owner's reports, work practices, or other data available as a result of inspections, audits, or other authorized activities, may reduce the size threshold for prenotification required by this section.  Such a change ((shall)) will be based on the director's determination that significant problems in personnel, methodologies, equipment, work site, or work procedures are creating the potential for violations of this chapter.

(5) Emergency projects which disturb or release asbestos into the air ((shall)) must be reported to the department within three working days after commencement of the project in the manner otherwise required under this chapter.  The employees, the employees' collective bargaining representative or employee representative, if any, and other persons at the project area ((shall)) must be notified of the emergency as soon as possible by the person undertaking the emergency project.  A notice describing the nature of the emergency project ((shall)) must be clearly posted adjacent to the work area.

(6) Incremental phasing in the conduct or design of asbestos projects or otherwise conducting or designing asbestos projects of a size less than the threshold exemption specified in subsection (1) of this section, with the intent of avoiding the notification requirements, is a violation of this chapter.

[Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  96-05-056, 296-65-020, filed 2/16/96, effective 4/1/96.  Statutory Authority: RCW 49.17.  89-21-018 (Order 89-10), 296-65-020, filed 10/10/89, effective 11/24/89; 87-24-051 (Order 87-24), 296-65-020, filed 11/30/87.  Statutory Authority: RCW 49.17.050(2) and RCW 49.17.040.  87-10-008 (Order 87-06), 296-65-020, filed 4/27/87.  Statutory Authority: SSB 4209, 1985 c 387.  85-21-080 (Order 85-30), 296-65-020, filed 10/22/85.]


AMENDATORY SECTION(Amending Order 89-10, filed 10/10/89, effective 11/24/89)

WAC 296-65-025
Fees.

(1) A nonrefundable administrative fee of twenty-five dollars ((shall)) will be assessed for each initial, replacement, or renewal asbestos worker certificate application.  The fee (check or money order) must accompany the certificate application and be made payable to the department.  An application form may be obtained from any approved training course instructor or directly from the department.

(2) A nonrefundable administrative fee of thirty-five dollars ((shall)) will be assessed for each initial, replacement, or renewal asbestos supervisor certificate application.  The fee (check or money order) must accompany the certificate application and be made payable to the department.  An application form may be obtained from any approved training course instructor or directly from the department.

(3) A nonrefundable administrative fee of one thousand dollars ((shall)) will be assessed for each initial or renewal contractor certificate application.  The fee (check or money order) must accompany the certificate application and be made payable to the department.  An application form may be obtained from the department.

Note: In circumstances where it is necessary to coordinate an expiration date with the date of expiration of a contractor registration issued under RCW 18.27, certificates may be valid for less than one year. In such circumstances, the certificate fee prescribed in WAC 296-65-025 ((shall)) will be prorated accordingly for the initial application only.


(4) A nonrefundable administrative fee of one thousand dollars ((shall)) will be assessed for each initial and renewal application for training course approval.  A check or money order ((shall)) must accompany any application made under the provisions of WAC 296-65-015.

[Statutory Authority: RCW 49.17.  89-21-018 (Order 89-10), 296-65-025, filed 10/10/89, effective 11/24/89; 87-24-051 (Order 87-24), 296-65-025, filed 11/30/87.  Statutory Authority: SSB 4209, 1985 c 387.  85-21-080 (Order 85-30), 296-65-025, filed 10/22/85.]


AMENDATORY SECTION(Amending WSR 97-19-014, filed 9/5/97, effective 11/5/97)

WAC 296-65-030
Methods of compliance.

(1) Before submitting a bid or working on an asbestos abatement project, any person or individual ((shall)) must obtain an asbestos contractor certificate as provided in WAC 296-65-017 and ((shall)) must have in its employ at least one certified asbestos supervisor responsible for supervising all asbestos projects undertaken by the contractor.

(2) A certified asbestos supervisor will not be required on asbestos projects involving less than three square feet or three linear feet of asbestos-containing material unless the surface area of the pipe is greater than three square feet.  A certified asbestos supervisor is required for all Class I and II asbestos work in accordance with WAC 296-62-07728 (4)(((a))).

(3) No employee or other individual is eligible to do work or supervise an asbestos project without being issued a certificate by the department.

(a) Employees performing Class I or Class II asbestos work ((shall)) must be certified asbestos workers ((except when excluded)) as specified in WAC 296-62-07722 (((3)(b))).

(b) Employees performing Class III or Class IV asbestos work specified by WAC 296-62-07722 as an asbestos project shall be certified asbestos workers.


((Note: Exceptions to certification of asbestos work not considered to be an asbestos project are found in WAC 296-65-003 in the definition of "asbestos project," and in WAC 296-62-07722.  If intact asbestos-containing materials or PACM are removed according to the required work practices, controls, respiratory protection, training and related provisions of WAC 296-62-077, certification is not required as specified in the exceptions.  If asbestos-containing material or PACM is not intact, or becomes nonintact during removal, the asbestos work is considered as an asbestos project and the certification requirements of WAC 296-65 apply.))

(4) No person may assign any employee, contract with, or permit any individual, to ((remove or encapsulate asbestos)) work on an asbestos project as specified in WAC 296-62-07722 in any facility without the project being performed by a certified asbestos worker ((and under the direct, on-site supervision of a certified asbestos supervisor)).

(5) ((In cases in which)) A certified asbestos supervisor must provide direct, on-site supervision for an asbestos project. When an employer conducts an asbestos abatement project in its own facility by its own certified employees, supervision ((can)) may be performed in the regular course of a certified asbestos supervisor's duties.  Asbestos workers must have access to and be under the control of certified asbestos supervisors throughout the duration of the project.

(6) Any construction, renovation, remodeling, maintenance, repair, or demolition which was started without meeting the requirements of this section ((shall)) must be halted immediately and cannot be resumed before meeting such requirements.

[Statutory Authority: RCW 49.17.040, [ RCW 49.17.]050 and [ RCW 49.17.]060.  97-19-014, 296-65-030, filed 9/5/97, effective 11/5/97; 96-05-056, 296-65-030, filed 2/16/96, effective 4/1/96.  Statutory Authority: RCW 49.17.  89-21-018 (Order 89-10), 296-65-030, filed 10/10/89, effective 11/24/89.  Statutory Authority: RCW 49.17.050(2) and RCW 49.17.040.  87-10-008 (Order 87-06), 296-65-030, filed 4/27/87.  Statutory Authority: SSB 4209, 1985 c 387.  85-21-080 (Order 85-30), 296-65-030, filed 10/22/85.]