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