Occupational Safety and Health Administration (OSHA), Department of Labor.
Notice of a grant of a permanent variance.
This notice announces the grant of a permanent variance to Keystone Steel and Wire Company. The permanent variance addresses the provisions that regulate occupational exposure to lead and arsenic, specifically paragraph (h)(2)(i) of 29 CFR 1910.1025 and paragraph (k)(2) of 29 CFR 1910.1018. These provisions prohibit the use of compressed air to clean floors and other surfaces where lead and arsenic particulates accumulate. As an alternative to complying with these provisions, Keystone Steel and Wire Company may instead comply with the conditions listed in this grant; these alternative conditions regulate the use of compressed air in combination with a vacuum-containment system to remove particulates containing lead and arsenic from inside crane-motor housings during periodic maintenance operations. Accordingly, OSHA finds that these alternative conditions protect workers at least as well as the requirements specified by 29 CFR 1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2). This permanent variance applies only in Federal OSHA enforcement jurisdictions.
The effective date of the permanent variance is October 13, 2010.
Keystone Steel and Wire Company (hereafter, “KSW”), 7000 S. Adams Street, Peoria, IL 61641,
KSW operates a melt shop where it processes scrap steel into a molten state. The equipment used to accomplish the melting process consists of: an electric-arc furnace, which uses an electric arc generated from electrodes to melt the scrap steel; and a ladle metallurgy furnace, which uses electrodes to maintain the molten steel at a constant temperature to produce the proper consistency of steel. The melting process requires the use of two overhead cranes to haul the scrap to the furnaces, and to transport the molten steel for further processing. Ten large, direct-current electric motors power each crane.
During the melting process, fugitive emissions containing trace amounts of lead and arsenic accumulate inside the motor housings of the overhead cranes.
As an alternative to complying with the housekeeping requirements specified by 29 CFR 1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2), KSW proposed to adopt an alternative means of compliance that consists, in part, of a compressed-air vacuum-containment (CAVC) system mounted on a truck. A worker begins the crane-motor cleaning operation by inserting the nozzle of the compressed-air gun into an opening in the housing, then triggers the compressed air. The vacuum-containment system, which the worker activates prior to beginning the motor-cleaning operation, generates exhaust airflow inside the crane-motor housing. The vacuum, delivered through a hose, has an exhaust volume of 5,000 cubic feet per minute, and collects the lead and arsenic particulates that the worker removes with compressed air from the interior components of the crane motor. The system then deposits the particulates in a hopper, also mounted on the truck.
KSW designed a flanged end that fits over an opening in a housing that covers each crane motor. The vacuum hose is connected to, and is supported by, this flange. Thus, the combination of the housing, flanged end, compressed air, and the vacuum-containment system captures most of the fugitive particulates released during the motor-cleaning operation, thereby reducing worker exposure to airborne lead and arsenic.
In support of its variance application, KSW submitted the following data and information demonstrating the effectiveness of the alternative means of compliance:
1. KSW administered several rounds of personal-exposure monitoring to workers who used compressed air while cleaning the crane motors. The results for the last two rounds of sampling for both lead and arsenic were below the action levels for these substances.
2. KSW performed several rounds of medical surveillance, including biological monitoring for blood lead and zinc protoporphyrin concentrations, on workers who cleaned crane motors. Blood-lead monitoring results were well below the allowable concentration of 40 μg lead/100 g whole blood.
3. KSW developed and implemented a
4. KSW developed and implemented an
5. KSW developed and implemented a
6. KSW developed and implemented a program to instruct affected workers about the hazards associated with performing motor-cleaning operations, and the hazard controls used while performing these operations.
In addition to the CACV, KSW proposed to include the following conditions in its alternative means of compliance:
1. Implement engineering controls (
2. To prevent the spread and recirculation of captured lead and arsenic particulates from the vacuum truck, ensure that: (a) The exhaust air in the CVAC system passes through a high-efficiency particulate air (HEPA) filtration system prior to discharge; and (b) this filtered exhaust does not reenter the work areas inside the plant.
3. Ensure the continued effectiveness of the alternative means of compliance by: (a) Performing a pre-use or yearly inspection (whichever occurs more frequently) of all equipment and components used in the cleaning operations;
4. Before implementing revisions to the motor-cleaning process, modify the
5. Perform personal-exposure monitoring (
6. Conduct breathing-zone sampling of affected workers for the entire work day (full shift) on days when workers use compressed air to clean crane motors. The full-shift sampling must include a separate sampling for the crane motor-cleaning operation, and a separate sampling for the portion of the shift that does not involve motor cleaning. This condition would assist KSW in identifying the source of elevated exposures (
7. Ensure that results for the two most recent rounds of full-shift sampling remain below the action levels for arsenic and lead. This condition ensures that KSW can maintain worker exposure levels below the action levels for lead and arsenic, thereby providing them with a safe and healthful workplace.
8. Submit the breathing-zone samples for lead and arsenic particulates to an analytical laboratory that meets and complies with the certification criteria of the American Industrial Hygiene Association's Industrial Hygiene Proficiency Analytical Testing Program. This condition provides assurance that the laboratory is performing the testing of breathing-zone samples in accordance with recognized analytical standards to maintain the accuracy, reliability, and reproducibility of the sampling results. Accurate, reliable, and reproducible sampling results ensure that worker exposure determinations are valid.
9. Within 30 calendar days after workers perform a motor-cleaning operation, conduct biological monitoring for blood-lead and zinc-protoporphyrin concentrations on every worker involved in that motor-cleaning operation. Blood-lead sample analysis must be performed by a laboratory licensed by the U.S. Centers for Disease Control and Prevention (CDC), or a laboratory that obtained a satisfactory grade in blood-lead proficiency testing from CDC within the prior 12 months and has an accuracy (to a confidence level of 95 percent) within ±15 percent or 6 μg/100 ml, whichever is greater. This condition provides information (in addition to exposure monitoring) regarding worker exposure to lead particulates while involved in the crane motor-cleaning operation, and demonstrates the effectiveness of the alternative means of compliance. This condition also provides assurance that the laboratory is performing the analysis of blood-lead samples in accordance with recognized analytical standards to maintain the accuracy, reliability, and reproducibility of the sampling results.
10. Ensure that blood-lead results remain at or below 40 μg lead/100 g whole blood. This condition supplements other conditions in providing information on the effectiveness of the alternative means of compliance, in addition to signaling the need to remove affected workers from the crane motor-cleaning operations in accordance with 29 CFR 1910.1025(k) should the blood-lead results exceed 40 μg lead/100 g whole blood.
11. Whenever KSW assigns a new worker to perform the crane motor-cleaning operation, conduct biological monitoring of the worker prior to the worker beginning the cleaning operation. This condition establishes a baseline blood-lead level against which to compare subsequent biological samples and, thereby, assess the effectiveness of the alternative means of compliance.
12. KSW will not assign any worker to the crane motor-cleaning operation who declines to undergo the biological-monitoring procedures. This condition prevents worker exposure to the motor-cleaning operation without the benefit of biological monitoring to assess over-exposure to lead particulates.
13. Provide written notification to affected workers of the results of their individual personal-exposure and biological-monitoring results in accordance with the requirements of the arsenic and lead standards (29 CFR 1910.1018(e)(5), 29 CFR 1910.1018(n)(6)(iii), 29 CFR 1910.1025(d)(8) and 29 CFR 1910.1025(j)(3)(v)(A)(4)) within 15 working days from receipt of the results. The information provided to the affected workers will enable them to assess the effectiveness of the
14. Whenever (a) personal-exposure monitoring results are at or above the action levels for lead (30 μg/m
15. At least 15 calendar days prior to commencing any operation that involves using compressed air to clean crane motors, inform OSHA's Peoria, IL, Area Office and OSHA's Chicago, IL, Regional Office of the date and time the operation will commence. This condition provides OSHA with an opportunity to conduct on-site assessments of KSW's compliance with the conditions of the variance, and to ascertain directly the effectiveness of the alternative means of compliance.
16. Notify in writing OSHA's Office of Technical Programs and Coordination Activities as soon as KSW knows that it will: (a) Cease to do business; or (b) transfer the activities covered by the variance to a successor company. This condition allows OSHA to determine whether to revoke the variance or transfer the variance to the successor company.
17. Implement the worker-training programs described in 29 CFR 1910.1018(o) and 29 CFR 1910.1025(l), including: (a) Initial training of new workers prior to their beginning a crane motor-cleaning operation; (b) yearly refresher training of all other workers involved in crane motor-cleaning operations; (c) documentation of this training; and (d) maintenance of the training records.
18. Implement the: (a)
19. Ensure that supervisors observe and enforce applicable safe-work practices
20. Retain any records generated under these conditions for a minimum period of five years, unless an applicable OSHA standard specifies a longer period,
KSW seeks a permanent variance from the provisions of the OSHA standards that regulate occupational exposure to lead and arsenic, specifically paragraph (h)(2)(i) of 29 CFR 1910.1025 and paragraph (k)(2) of 29 CFR 1910.1018. These paragraphs prohibit use of compressed air to clean floors and other surfaces where lead and arsenic particulates accumulate. These paragraphs specify the following requirements:
As an alternative to complying with housekeeping requirements as specified by 29 CFR 1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2), KSW proposed to use compressed air supplemented by a vacuum-containment system discussed in section I (“Background”) of this notice to perform cleaning of crane-motor housings. KSW asserted that use of the proposed compressed air supplemented by a vacuum-containment system protected its workers as least as effectively as the housekeeping requirements of 29 CFR 1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2).
The
Keystone Steel and Wire Company seeks a permanent variance from the provisions of the OSHA standards that regulate occupational exposure to lead and arsenic, specifically paragraph (h)(2)(i) of 29 CFR 1910.1025 and paragraph (k)(2) of 29 CFR 1910.1018. These paragraphs prohibit use of compressed air to clean floors and other surfaces where lead and arsenic particulates accumulate. Paragraph (h)(2)(i) of 29 CFR 1910.1025 states that employers cannot use compressed air to clean floors and other surfaces where lead accumulates, while paragraph (k)(2) of 29 CFR 1910.1018 prohibits employers from using compressed air to clean floors and other accessible surfaces contaminated with inorganic arsenic, and permits the use of shoveling and brushing for this purpose only after employers try vacuuming or other relevant methods and find these methods to be ineffective.
As an alternative to complying with the housekeeping requirements specified by 29 CFR 1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2), KSW proposed to adopt an alternative means of compliance that consists, in part, of a compressed-air vacuum-containment system mounted on a truck. A worker begins the crane-motor cleaning operation by inserting the nozzle of the compressed-air gun into an opening in the housing, then triggers the compressed air. The vacuum-containment system, which the worker activates prior to beginning the motor-cleaning operation, generates exhaust airflow inside the crane-motor housing. The vacuum, delivered through a hose, has an exhaust volume of 5,000 cubic feet per minute, and collects the lead and arsenic particulates that the worker removes with compressed air from the interior components of the crane motor. The system then deposits the particulates in a hopper, also mounted on the truck.
KSW designed a flanged end that fits over an opening in a housing that covers each crane motor. The vacuum hose is connected to, and is supported by, this flange. Thus, the combination of the housing, flanged end, compressed air, and the vacuum-containment system captures most of the fugitive particulates released during the motor-cleaning operation, thereby reducing worker exposure to airborne lead and arsenic.
Under Section 6(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), and based on the record discussed above, the Agency finds that when KSW complies with the conditions of the following order, the working conditions of the KSW's workers will be at least as safe and healthful as if KSW complied with the working conditions specified by paragraphs (h)(2)(i) of 29 CFR 1910.1025 and (k)(2) of 29 CFR 1910.1018. This decision is applicable in all States under Federal OSHA enforcement jurisdiction.
OSHA issues this order authorizing the Keystone Steel and Wire Company (hereafter, “the employer”) to comply with the following conditions instead of complying with paragraphs (h)(2)(i) of 29 CFR 1910.1025 and (k)(2) of 29 CFR 1910.1018. This order applies only in Federal OSHA enforcement jurisdictions, and does not permit the employer to vary compliance with any other provisions of 29 CFR 1910.1025 and 29 CFR 1910.1018.
This permanent variance applies only at the employer's melt shop when using compressed air to clean crane motors during maintenance operations.
(a) The employer must:
(1) Use engineering controls (
(b) Ensure that the:
(1) Exhaust air in the CAVC system passes through a high-efficiency particulate air (HEPA) filtration system prior to discharge; and
(2) Filtered exhaust does not reenter the work areas inside the plant.
(c) Ensure the continued effectiveness of the alternative means of compliance by:
(1) Performing a pre-use or yearly inspection (whichever occurs more frequently) of all equipment and components used in the cleaning operations;
(2) Documenting such inspections using a checklist;
(3) Replacing or repairing all defective parts and components; and
(4) Maintaining records of inspections and corrective actions.
(d) Before implementing revisions to the motor-cleaning process, modify the
(a) Perform personal-exposure monitoring (
(b) Conduct breathing-zone sampling of affected workers for the entire work day (full shift) on days when workers use compressed air to clean crane motors. The full-shift sampling must include separate sampling during the crane motor-cleaning operation, and a separate sampling for the portion of the shift that does not involve motor cleaning.
(c) Ensure that results for the two most recent rounds of full-shift sampling remain below the action level for arsenic and lead.
(d) Submit the breathing-zone samples for lead and arsenic particulates to an analytical laboratory that complies with the certification criteria of the American Industrial Hygiene Association's Industrial Hygiene Proficiency Analytical Testing Program.
(a) Within 30 calendar days after workers perform a motor-cleaning operation, conduct biological monitoring for blood-lead and zinc-protoporphyrin concentrations on every worker involved in that motor-cleaning operation. Blood-lead sample analysis must be performed by a laboratory licensed by the U.S. Centers for Disease Control and Prevention (CDC), or a laboratory that obtained a satisfactory grade in blood-lead proficiency testing from CDC within the prior 12 months
(b) Ensure that blood-lead results remain at or below 40 μg lead/100 g whole blood.
(c) Whenever the employer assigns a new worker to perform the crane motor-cleaning operation, conduct biological monitoring of the worker prior to the worker beginning the cleaning operation.
(d) Not assign any worker to the crane motor-cleaning operation who declines to undergo the biological-monitoring procedures.
(a)
(1) Provide written notification to affected workers of the results of their individual personal-exposure and biological-monitoring results in accordance with the requirements of the arsenic and lead standards (29 CFR 1910.1018(e)(5), 29 CFR 1910.1018(n)(6)(iii), 29 CFR 1910.1025(d)(8), and 29 CFR 1910.1025(j)(3)(v)(A)(4)) within 15 working days from receipt of the results.
(2) Whenever personal-exposure monitoring results are at or above the action levels for lead (30 μg/m
(3) At least 15 calendar days prior to commencing any operation that involves using compressed air to clean crane motors, inform OSHA's Peoria, IL, Area Office and OSHA's Chicago, IL, Regional Office of the date and time the operation will commence.
(b) Notify in writing OSHA's Office of Technical Programs and Coordination Activities as soon as the employer knows that it will:
(1) Cease to do business; or
(2) Transfer the activities covered by this grant to a successor company.
The employer must implement the worker-training programs described in 29 CFR 1910.1018(o) and 29 CFR 1910.1025(l), including:
(a) Initial training of new workers prior to their beginning a crane motor-cleaning operation;
(b) Yearly refresher training of all other workers involved in crane motor-cleaning operations;
(c) Documentation of this training; and
(d) Maintenance of the training records.
(a)
(b) Provisions of the employer's
(c) Provisions of the
(a) Observe and enforce applicable safe-work practices
(b) Document these supervisor observations and enforcement activities; and
(c) Maintain these records.
(a) Retain any records generated under the conditions specified in this grant for a minimum period of five years, unless an applicable OSHA standard specifies a longer period;
(b) Make these records available to OSHA, affected workers, and worker representatives on request.
David Michaels, PhD, MPH, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Ave., NW., Washington, DC, directed the preparation of this notice. OSHA is issuing this notice under the authority specified by Section 6(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), Secretary of Labor's Order No. 4–2010 (75 FR 55355), and 29 CFR part 1905.