Seafarer Evaluation Training System Sets Plus.14 architecte standard

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On January 28, 1990, OSHA issued its response on these issues (55 FR 3724, February 5, 1990). In that document, OSHA: (1) prohibited workplace smoking in areas where occupational exposure to asbestos takes place; expanded training requirements to include information about available smoking cessation programs; required the distribution of self-help smoking cessation material; and, required a written opinion by the physician stating that the employee has been advised of the combined dangers of smoking and working with asbestos; (2) explained how and why the 1986 respiratory protection standards will reduce employee risk below that remaining solely as a result of the PEL, and that the effectiveness levels of respirators are under review; and (3) required employers to ensure that employees working in or near regulated areas understand warning signs, and required training programs to specifically instruct employees as to the content and presence of signs and labels.


In the Court of Appeals litigation, AIA challenged OSHA's use of the PEL to calculate the residual risk remaining after the standard is implemented. AIA contended that workers would actually be exposed to average levels significantly below the PEL because employers would be required to engineer down to levels well below the PEL to assure that random fluctuations would not result in an OSHA compliance officer measuring an exposure level over the PEL during a routine inspection. Therefore, AIA contended, in calculating residual risk, OSHA should assume that employees will be exposed to average levels that are between one-half and one-quarter of the PEL. The Court implied that such an argument might have merit if factually supported and suggested that OSHA should make its own calculations of the relation between permissible exposure limit and the actual exposures such a limit would produce. (838 F.2d at 1266) Having carefully considered the issue, OSHA concludes it would be unrealistic to base its risk assessment on the assumption that employers will engineer to levels significantly below the PEL. First, as discussed below, the PEL of 0.1 f/cc is at the limit of feasibility for those workplaces in which asbestos levels are most difficult to control, and an assumption that average exposures will be substantially below the PEL will clearly be unrealistic for such workplaces. Second, OSHA found in issuing the 1986 standard that AIA's argument about uncontrollable fluctuations was exaggerated because such fluctuations could be minimized through proper inspection and maintenance of engineering controls and through proper training and supervision of employees whose work practices affected exposure levels. (51 FR at 22653). Third, OSHA's enforcement policy gives employers the opportunity to show that a compliance officer's measurement over the PEL is unrepresentatively high and does not justify a citation, thus alleviating any concern employers might have that they will be cited on the basis of a single measurement that results from uncontrollable fluctuations. Fourth, even if some employers are sufficiently risk-averse to engineer down to well below the PEL to avoid a slight risk of citation, OSHA cannot base a realistic risk assessment on the assumption that most employers will do so.


Accordingly, in July 1990, OSHA proposed related changes in both provisions "small scale, short duration" operations would be redefined in terms of general criteria, as well as the 1986 approach of listing specific examples. However, the underlying premise remained the same as in the 1986 standard: i.e. exemptions to the negative-pressure enclosure requirement for removal, renovation and demolition projects and limited to jobs which conformed to specified criteria. "Competent" persons, according to the 1990 proposal, were to be required as superv

Seafarer Evaluation Training System Sets Plus.14 Architecte Standard

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