MIOSHA ASBESTOS PROGRAM UPDATE Michael T. Mason March 13, 2014.
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Transcript of MIOSHA ASBESTOS PROGRAM UPDATE Michael T. Mason March 13, 2014.
MIOSHA ASBESTOS PROGRAMUPDATEMichael T. Mason
March 13, 2014
MIOSHA Asbestos Program• Was initiated in 1986• In 2012, program was combined with the construction
industrial hygiene enforcement program in MIOSHA.• All MIOSHA regulations and laws are now enforced in the
combined program, not just asbestos.• We ensure employees are protected to the full extent that
the MIOSHA laws allows.
Program Responsibilities
The program is responsible for enforcement of:• The Asbestos Abatement Contractors Licensing Act
(Act 135 of 1986)• The Asbestos Workers Accreditation Act (Act 440 of
1988)• The asbestos, lead, and cadmium regulations for
construction, and all the other construction rules and regulations authorized by the Michigan Occupational Safety and Health Act (Act 154 of 1974)
• Some responsibilities under AHERA
Tony Casaletta
• Supervisor• Supervises enforcement staff
• Worked in MIOSHA since September of 2000 (13 years)
Fred Kirkland
• Industrial Hygiene Specialist
• Asbestos training and accreditation administrator
• Worked in MIOSHA since January of 1987 (27 years)
Lisa Hogan
• Analyst• Statistical analyses, maintenance of databases, bill paying, and backup for secretaries
• Worked in MIOSHA since January of 1993 (21 years)
Lisa VanSteeland
• Secretary• Processing asbestos abatement project notifications forms
• Processes and tracks citations
• Worked in MIOSHA since January of 1988 (26 years)
Kimberly Weaver
• Secretary• Recordkeeping, licensing, and accreditation under Act 440 of 1988
• Worked in MIOSHA since November of 1997 (16 years)
Angie Tate
• Secretary• General operations safety and health enforcement programs
• Worked in MIOSHA since July of 1976 (37 years)
Eric Allen
• Senior Industrial Hygienist
• Enforcement in Area 3 (Wayne County)
• Worked in MIOSHA since October of 2008 (5 years)
Keith Langworthy
• Senior Industrial Hygienist
• Enforcement in Area 1 based in Grand Rapids
• Worked in MIOSHA since May of 2000 (13 years)
Dan Maki
• Senior Industrial Hygienist
• Enforcement in Area 6 (northern Michigan)
• Worked in MIOSHA since November of 1998 (15 years)
Scott Thelen
• Senior Industrial Hygienist
• Enforcement in Area 2 based in Lansing
• Worked in MIOSHA since July of 2005 (8 years)
Compliance ActivityFY 2013
LEGAL AUTHORITY NUMBER OF INVESTIGATIONS
NUMBER OF
CITATIONS
AMOUNT OF
PENALTY
Asbestos Abatement Contractors Licensing Act (1986 Act 135)
NA 28 $69,433
Asbestos Workers Accreditation Act (1988 Act 440)
NA 13 $6,240
Michigan Occupational Safety and Health Act (1974 Act 154)
NA 531 $391,278
TOTAL 314 572 $466,951
Types of ViolationsFY 2013
TYPE OF CITATION FREQUENCY
Other than serious 115
Serious 398
Repeat 11
Willful 7
Act 135 of 1986 (licensing) 28
Act 440 of 1988 (accreditation) 13
TOTAL 572
Top Five Cited Asbestos Rulesin FY 2013
RULE DESCRIPTION
1 1926.1101(f)(1) Exposure monitoring was not performed
2 1926.1101(g)(1) Engineering controls and work practices were not used
3 1926.1101(e)(6) Competent person did not supervise the asbestos work in the regulated area
4 1926.1101(h)(1) Appropriate respirator was not used
5 1926.1101(k)(9)(i) No or inadequate information and training provided
Revenue SummaryFY 2013
CATEGORY REVENUE
Training Course $37,400
Accreditation 262,025
Contractor Licensing 51,450
Project Notification Fees 325,328
SUBTOTAL $676,203
Citation Penalties Assessed $466,951 ($230,000)
TOTAL $1,143,154 ($906,203)
Part 602 Asbestos for Construction• (h) Respiratory protection—Table 1 removed—Employers
must now select a respirator that complies with the respiratory protection regulation (29 CFR 1910.134 or Part 451)
• (k) Communication of hazards—Language added about new hazard communication standard (29 CFR 1910.1200)—Info on signs and labels changed
Part 305 Asbestos for General Industry
• (g) Respiratory protection—Table 1 removed—Employers must now select a respirator that complies with the respiratory protection regulation (29 CFR 1910.134 or Part 451)
• (k) Communication of hazards—Language added about new hazard communication standard (29 CFR 1910.1200)—Info on signs and labels
Part 42 Hazard Communication• Hazard classification: Chemical manufacturers and importers are
required to determine the hazards of the chemicals they produce or import. Hazard classification under the new, updated standard provides specific criteria to address health and physical hazards as well as classification of chemical mixtures.
• Labels: Chemical manufacturers and importers must provide a label that includes a signal word, pictogram, hazard statement, and precautionary statement for each hazard class and category.
• Safety Data Sheets: The new format requires 16 specific sections, ensuring consistency in presentation of important protection information.
• Information and training: To facilitate understanding of the new system, the new standard requires that workers be trained by December 1, 2013 on the new label elements and safety data sheet format, in addition to the current training requirements.
Part 42 Hazard CommunicationEffective DatesEffective Completion Date
Requirement(s) Who
December 1, 2013
Train employees on the new label elements and safety data sheet (SDS) format.
Employers
June 1, 2015
December 1, 2015
Compliance with all modified provisions of this final rule, except:
The distributor shall not ship containers labeled by the chemical manufacturer or importer unless it is a GHS label.
Chemical manufacturers, importers, distributors, and employers
June 1, 2016 Update alternative workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards.
Employers
Crystalline Silica Rulemaking