of the Act requires

of exposures measurements. The recchanged accordingly. The recordkeepthat employers provide employees or ords required include name and job ing requirements have been substantheir representatives with the opporclassification of employees measured, tially reduced as a result of the tunity to observe monitoring of emdetails of the sampling and analytic changes discussed above. The reducployee exposures to toxic materials or techniques, results, and type of respition in the monitoring frequency and harmful physical agents. In accordratory protection worn. The standard change in the definitions of persons ance with this section and consistent also requires records of medical sursubject to medical surveillance will with the proposal and other OSHA veillance. These include names of emalso reduce the volume of the records standards, the standard contains proployees, the physician's written opinwhich must be retained. visions for such observation. To ensure ion, and copy of the results of the ex- The final standard, in uniformity that this right is meaningful, observamination. In addition, the initial X- with the proposal and other OSHA ers are entitled to an explanation of ray and cytology slide, the most recent standards, requires that such records the measurement procedure, to ob- 5 years of x-rays and 10 years of be made available to the Director and serve all steps related to the measuresputum cytology slides, and all x-ray Assistant Secretary, that exposure recment procedure, and to record the reand cytology slides indicating atypia, ords be available to employees and sults obtained. Since results will not or subsequent to atypia must be retheir representatives, and medical recnormally be available at the time of tained. These records must be kept for ords to an employee or physician desmonitoring, the standard has been 40 years or for at least 20 years after ignated by an employee or former emclarified to indicate that the observers termination of employment, whichployee. These provisions carry out are entitled to receive the results of ever is longer. statutory requirements. In addition it the monitoring when returned by the The participants at the hearing genis necessary for the Assistant Secrelaboratory. The observer, whether an erally agreed with the necessity for tary and Director to have access for employee or designated representative, FEDERAL REGISTER, VOL. 43, NO. 88-FRIDAY, MAY 5, 1978 19624 RULES AND REGULATIONS must be provided with, and is required them are deleted. Calcium arsenate and by amending the entry which now to use, any personal protective devices and lead arsenate will now be regulatreads: required to be worn by employees ed under the new standard on inorgan- "Arsenic and its compounds (as As)... 0.5 working in the area that is being moniic arsenic in § 1910.1018. mg/m²." tored, and must comply with all other applicable safety and health proce- IX. AUTHORITY to read: dures. This document was prepared under "Organic Arsenic compounds (as As)... 0.5 the direction of Eula Bingham, Assistmg/m3." P. EFFECTIVE DATE: PARAGRAPH (s) ant Secretary of Labor for Occupa- 3. A new § 1910.1018 and appendices The effective date is August 1, 1978. tional Safety and Health, 200 Consti- A, B and C are added to read as foltution Ave. NW., Washington, D.C. lows: Q. STARTUP DATES: PARAGRAPH (u) 20210. Startup dates included have been ex- Accordingly, pursuant to sections § 1910.1018 Inorganic arsenic. tended from the proposal. This is 6(b) and 8(c) of the Occupational (a) Scope and application. This secbased on OSHA's experience as to the Safety and Health Act of 1970 (84 tion applies to all occupational expotime required to set up employee Stat. 1593, 1599; 29 U.S.C. 655, 657), sures to inorganic arsenic except that training programs and medical surveil- Secretary of Labor's Order No. 8-76 this section does not apply to employlance, to order and receive protective (41 FR 25059) and 29 CFR Part 1911, ee exposures in agriculture or resultequipment and respirators, and to Part 1910 of Title 29, Code of Federal ing from pesticide application, the plan, order, receive, and install engi- Regulations is hereby amended by treatment of wood with preservatives neering controls. The approximately adding a new permanent standard for or the utilization of arsenically pre- 3-month period between the publicaoccupational exposure to inorganic arserved wood. tion of this standard and its effective senic at § 1910.1018 and by making (b) Definitions. "Action level" means date provides time to arrange to make consequential amendments to Table Z- a concentration of inorganic arsenic of available protective clothing and to 1 of 29 CFR 1910.1000. 5 micrograms per cubic meter of air (5 commence monitoring on the effective In addition, pursuant to the above µg/m³) averaged over any eight (8) date of the standard (or earlier if the authority, section 4(b)(2) of the Act hour period. employer wishes). It gives additional (84 Stat. 1592; 29 U.S.C. 653) and the "Assistant Secretary" means the Astime to arrange for the implementaspecific statutes referred to in section sistant Secretary of Labor for Occupation of this standard and to order nec- 4(b)(2), OSHA has determined that tional Safety and Health, U.S. Departessary equipment. All startup dates this new standard is more effective ment of Labor, or designee. are listed at the beginning of the prethan the corresponding standards now "Authorized person" means any amble. It should be noted that some in Subpart B of Part 1910, and in person specifically authorized by the starting dates are set forth in the Parts 1915, 1916, 1917, 1918, and 1926 employer whose duties require the paragraphs to which they directly perof Title 29, Code of Federal Regulaperson to enter a regulated area, or tain. If there is no specific startup tions. Therefore, these corresponding any person entering such an area as a date set forth in the standard, then standards are superseded by designated representative of employthe startup date is the effective date § 1910.1018. This determination, and ees for the purpose of exercising the of the standard. The immediate instalthe application of the new standard to right to observe monitoring and measlation of change houses, etc., is not rethe maritime and construction indusuring procedures under paragraph (e) tries are implemented by adding a new of this section. quired if installation of engineering paragraph (e) to § 1910.19. "Director" means the Director, Nacontrols would only make their use tional Institute for Occupational necessary for a few months. If the Signed at Washington, D.C., this Safety and Health, U.S. Department time period for meeting any of these 26th day of April, 1978. These amendof Health, Education and Welfare, or startup dates cannot be met because ments are effective on August 1, 1978. designee. of technical difficulties, any employer EULA BINGHAM, "Inorganic arsenic" means copper is entitled to petition for a temporary variance under section 6(b)(6)(A) of Assistant Secretary of Labor. aceto- arsenite and all inorganic compounds containing arsenic except the Act. Part 1910 of Title 29 of the Code of arsine, measured as arsenic (As). Federal Regulations is hereby amend- R. APPENDIXES: PARAGRAPH (t) (c) Permissible exposure limit. The ed as follows: employer shall assure that no employ- The three appendixes included with 1. A new paragraph (e) is added to ee is exposed to inorganic arsenic at the regulation are not intended to § 1910.19 to read as follows: concentrations greater than 10 microcreate any additional obligations not otherwise imposed or to detract from $ 1910.19 Special provisions for air congrams per cubic meter of air (10 µg/ m³, averaged over any 8-hour period. taminants. any existing obligation. (d) Notification of use. (1) By October 1, 1978 or within 60 days after the S. ORGANIC ARSENIC AND SPECIFIC introduction of inorganic arsenic into ARSENIC COMPOUNDS (e) Section 1910.1018 shall apply to the workplace, every employer who is The existing entry in Table Z-1 of the exposure of every employee to inrequired to establish a regulated area 1910.1000 reads "Arsenic and its comorganic arsenic in every employment in his workplaces shall report in writpounds (as As), 0.5 mg/m3," and accovered by §§ 1910.12, 1910.13, 1910.14, ing to the OSHA area office for each cordingly covers both inorganic and 1910.15, or 1910.16, in lieu of any difsuch workplace: organic arsenic. The new section ferent standard on exposure to inor- (i) The address of each such workganic arsenic which would otherwise place; 1910.1018 covers just inorganic arsenic. be applicable by virtue of any of those (ii) The approximate number of em- Accordingly the Table Z-1 entry is amended to indicate that just organic sections. ployees who will be working in regulated areas; and arsenic is covered by the 0.5 mg/m3 limit.