Volume 5, No. 1 Fall 2001

MDCIS - Asbestos Program

Index

þ Asbestos: Still a Present Danger .................. 1þ Asbestos Program Website......................... 1þ The Enforcement Corner ............................ 2þ Did you know that ..................................... 2þ Set-up Activities ....................................... 3þ Unlicensed Asbestos Contractor .................. 3þ Demolition .............................................. 3þ Spray Painting ......................................... 3þ Training Issues ........................................ 4þ Training Course ....................................... 5þ Roofing .................................................. 6þ HEPA Vacuum ........................................ 6þ MWREC ................................................ 7þ Renewing Contractor Licenses .................... 7þ Floor Tile Removal Machines ...................... 7þ Floor Tile Revisited ................................... 7þ How to Contact Us ................................... 8

Application and NotificationForms available on the

Internet?

ES! The accreditation, contractor,and training course applicationsare now available on the Asbes-

tos Program website. These applica-tions can be completed and printedfrom the website. To choose specificcategories on an application, just clickin the appropriate box and the corre-sponding monetary amounts will au-tomatically fill in.

The Notification form is also availableon the website. It can be easily com-pleted and printed as well.

These new forms have been put inplace for your benefit and use.☺

Website . . . What’s New?

n August 2000, the Asbestos Pro-gram launched a new website,which provides applications, bro-

chures, regulations, interpretations,and other asbestos related informa-tion. It is hoped that it will be a usefultool for those in the asbestos industryas well as the general public. Thewebsite can be easily reached by vis-iting the state of Michigan website atwww.mi.gov and search “asbestosprogram.”☺

lthough bio-terrorism is on theforefront, as witnessed in recentevents, asbestos also still raises

concerns. These concerns are beingconfirmed in occupational health re-ports.

Asbestos-related lung disease is themost common of the dust diseasesreported to the Michigan Departmentof Consumer and Industry Services(MDCIS). The number of reports forboth asbestosis and pleural thicken-ing is continuing to increase (seechart). In Michigan, the public healthreports indicate the majority of occu-pational health deaths are over-whelmingly asbestos-related.

Asbestos-Related Fatalities

In the 2000 Annual Summary of Oc-cupational Disease Reports to the

ASBESTOS:STILL A PRESENT DANGER

Chrysotile AmositeCrocidolite

MDCIS, fatalities related to occupa-tional illnesses were reported for 70workers. All 70 cases were men whoranged in age from 21 to 86. Sixty-one died from asbestos-related can-cer, eight died from asbestosis, andone died of a respiratory illness.Thirty-six of the deceased workershad been employed in manufacturing,nine were utility workers, eight workedin construction, two worked in the mili-tary, and one worked in education.Former occupations were not speci-fied for 14 workers.

These deceased workers were notasbestos abatement workers andtheir listed occupations would nothave obvious asbestos exposure.These unsuspecting exposures dem-onstrate the need for training of work-ers who have the potential for con-tacting or disturbing asbestos-con-taining materials.☺

Asbestos-Related Cases Reported to the MDCIS: 1989-1999

2 Fall 2001

Accreditation Renewal

Did you know that . . .

renewal application must bereturned to the Asbestos Pro-gram 30 days prior to the ac-

creditation card expiration date. Ifthis deadline is not met, the renewalapplication would require the initialfee, which is double the renewal fee.This policy was instituted to encour-age individuals to send in their re-newal applications early and to helpensure that all individuals workingin the asbestos industry are accred-ited. To avoid the doubled fee, it isimportant to send in the renewal ap-plication by the renewal due date,even if you have not received yourtraining certificate.

When an applicant’s addresschanges, the Asbestos Programmust be notified to ensure the re-newal application is mailed to thecurrent address.

When the Asbestos Program re-ceives a renewal application witha training certificate that will expirewithin 30 days, the application willbe considered deficient. To avoid anaccreditation deficiency letter, sub-mit a letter informing the AsbestosProgram where and when you in-tend to acquire your refreshercourse. Once the refresher traininghas been completed, you must sub-mit a copy of the refresher trainingcertif icate to the AsbestosProgram.☺

¡Hola! ¿Habla español?Hi! Do you speak Spanish?

he Asbestos Program has de-veloped a handout in Spanishto assist with our Spanish-

speaking walk-ins. The handoutexplains our accreditation process-ing procedures.☺

Building and Facility OwnersResponsibilities

hether you are a buildingowner, employer, generalcontractor, subcontractor, ex-

empt trade group, or asbestosabatement contractor; when workinvolves the removal and/or distur-bance of asbestos-containing mate-rial (ACM) and/or presumed asbes-tos-containing materials (PACM),you have many legal obligations.This article is the first in a series toaddress these obligations. In thisarticle, we will look at the buildingor facility owner’s responsibilities inregards to these materials.

The two MIOSHA asbestos stan-dards that directly impact work ac-tivities within buildings containingasbestos are the Asbestos Stan-dards for General Industry (i.e., 29CFR 1910.1001) and the AsbestosStandards for Construction (i.e., 29CFR 1926.1101). These standardsare enforced by the Michigan De-partment of Consumer and IndustryServices, Bureau of Safety andRegulation.

The Asbestos Standards for GeneralIndustry applies to all industries ex-cept construction work and ship-building, repairing, and breaking ac-tivities. It also applies to generalhousekeeping activities in buildingscontaining asbestos and to vehiclebrake repair activities. Section (j)(2)of this standard requires buildingand facility owners to determine thepresence, location and quantity ofACM and/or PACM at the work siteand to inform employees who willperform housekeeping activities inthese areas of the presence and lo-cation of these materials that maybe contacted/disturbed during theirwork activities.

The Asbestos Standards for Con-struction applies to the construction,demolition, alteration, repair, main-tenance, and renovation of struc-tures containing asbestos that en-tail asbestos disturbance, removal,or encapsulation activities. Section(k)(2) of this standard requires thatbefore construction related work isperformed in buildings constructedno later than 1980, the building andfacility owners must determine thepresence, location, and quantity ofACM and/or PACM and convey thisinformation to all employers with em-ployees who will be working withinor adjacent to areas containing suchmaterials. This would also includeinforming contractors who may en-counter ACM or PACM while work-ing in the building.

During investigations, we often de-termine that building or facilityowners have not complied with 29CFR 1910.1001(j)(2) and 29 CFR1926.1101(k)(2)(i). This deficiencyconstitutes a violation that typicallycarries a significant monetary fine.Building or facility owners can eas-ily avoid such violations by obtain-ing a building survey from a Michi-gan accredited asbestos building in-spector or certified industrial hygien-ist (CIH). For a listing of inspectors,you may contact the Asbestos Pro-gram, or search your local yellowpages under “Asbestos Consult-ants.”

Also, please be advised that allhousekeeping personnel who workin areas that contain ACM and/orPACM must be given an annual as-bestos awareness training courseas required by 29 CFR1910.1001(j)(7)(iv). This trainingcan be provided by any recognizedasbestos trainer.☺

THEENFORCEMENTCORNER

emolition activities are regu-lated by the OSHA AsbestosStandards for Construction (29

CFR 1926.1101) and the NationalEnvironmental Standard for Hazard-ous Air Pollutants (NESHAP). AMichigan licensed asbestos abate-ment contractor may remove asbes-tos-containing materials or, if priorapproval is received from the De-partment of Environmental Quality(DEQ), the asbestos-containing ma-terials may remain in the building.

The OSHA Asbestos Standards forConstruction (29 CFR 1926.1101)defines “Demolition” as the wreck-ing or taking out of any load-support-ing structural member and any re-lated razing, removing, or strippingof asbestos products. Section (k)(Communication of Hazards) para-graph (1) states that employers andbuilding owners shall identify ther-mal system insulation (TSI) andsprayed or troweled on surfacingmaterials in buildings as asbestos-containing if the building was builtbefore 1980 or the materials wereinstalled before 1980. It further indi-cates that asphalt and vinyl flooringmaterials installed no later than1980 must be considered asbestos-containing. Section (k)(2)(i) statesthat before work subject to this stan-

dard is conducted, building and fa-cility owners shall determine thepresence, location and quantity ofasbestos-containing material(ACM), and/or presumed asbestos-containing material (PACM).

The Asbestos Standards for Con-struction is triggered when anyamount of asbestos is removed ordisturbed; this includes demolition ifthe ACM remains. Therefore,whether the facility contains friableor non-friable materials; engineeringcontrols, personal protective equip-ment, an appropriately trained com-petent person, appropriately trainedworkers, air monitoring, proper workpractices and procedures, and res-piratory protection are required.

If the building is being demolishedwithout first removing the ACM, allsubsequent demolished buildingmaterials or rubble may be classi-fied as asbestos contaminatedwaste. Therefore, in many cases, itis more cost effective to remove anyACM with the potential to becomefriable before demolition. You areencouraged to contact the DEQ, AirQuality Division at 517.373.7064 fortheir regulations involving buildingdemolition activities underNESHAP.☺

3

DEMOLITION

Caution!ContractorsCaution!

lease be advised that youMUST be a Michigan LicensedAsbestos Abatement Contrac-

tor to remove or encapsulate friableasbestos-containing material on thepremises of other individuals or busi-ness entities. Therefore, if you arean accredited worker or an accred-ited contractor/supervisor, you CAN-NOT remove/encapsulate asbestosfrom someone else’s home or facil-ity without first obtaining a Michiganasbestos abatement contractor li-cense. Additionally, it has come toour attention that inspectors/consult-ants have ‘helped out’ facilities bycleaning up small amounts of asbes-tos-containing debris. Please beadvised that such an action by anunlicensed asbestos abatementcontractor is subject to a penaltyunder Public Act 135 of 1986, asamended.☺

Fall 2001

Spray Painting

hen spray painting an asbes-tos-containing textured sur-face, (i.e., walls, ceiling, etc.)

training requirements and work prac-tices vary.

If the textured surface has been pre-viously encapsulated, this work ac-tivity would not likely disturb ACMand therefore would not be consid-ered a Class III work activity under29 CFR 1926.1101.

If, however, the textured surface has

NOT been encapsulated, the workactivity could disturb ACM andwould be considered a Class III workactivity under 29 CFR 1926.1101.

If this Class III spray painting projectinvolves encapsulation of ACM over10 linear or 15 square feet, it maybe considered anasbestos abate-ment project re-quiring notifica-tion under P.A.135 or 1986, asamended.☺

Set-up Activities

uring investigations, we haveencountered nonaccreditedemployees performing setup

activities. As long as the asbestos-containing material is not contactedor disturbed, the state of Michigandoes not require accreditation for thesetup of an enclosure. However,these individuals should receiveasbestos awareness training. Fur-ther, utilization of these individualswould require careful monitoring ofthe asbestos project to assure thatnonaccredited individuals do notperform work that will disturb asbes-tos-containing materials.

If set-up activities require an indi-vidual to conduct a response actionbeyond the scope of a small-scale,short-duration operation, mainte-nance and repair activity, or an ac-tivity that involves a major fiber re-lease episode, that person must beaccredited in accordance with Sec-tion 3(1)(d) of Act 440 of the PublicActs of 1988, as amended.☺

TRAINING ISSUES

n Michigan, an approved train-ing sponsor is allowed to issuetraining certificates. Each certifi-

cate issued in the state of MichiganMUST contain the following informa-tion:

1. A unique certificate number.2. Name of accredited person.3. Social Security Number.4. Discipline of the training course

completed.5. Date(s) of the training course6. Date of the examination.7. An expiration date of 1 year af-

ter the date upon which the per-son successfully completed thecourse and examination.

8. The name, address, and tele-phone number of the trainingprovider that issued the certifi-cate.

9. A statement that the person re-ceiving the certificate has com-pleted the requisite training forasbestos accreditation underthe Toxic Substance ControlAct (TSCA) Title II.

For all worker, contractor/supervi-sor, inspector, management plan-ner, and project designer trainingcertificates approved by the state of

4

Kimberly A. Weaver

Exam Date: 10/05/01

George E. Howard

Michigan, the compliance statementmust state that the training fulfillsthe requirements under TSCATitle II and is in compliance with40 CFR 763 and Michigan PublicAct 440 of 1988, as amended.

With an increase of falsified trainingcertificates being submitted to thestate of Michigan, we are emphasiz-ing the need to keep your trainingcertificates (i.e., borders and font)consistent.

We have also noted that many as-bestos training providers, both instate and out-of-state, are placingthe student’s picture on training cer-tificates. This is especially helpful inthe proper identification of a studentand helps ensure that the persontaking the course is indeed that per-son.

To alleviate situations involvingfraudulent certificates, the state ofMichigan is exploring the possibilityof training providers taking picturesof their students and sending themto the Asbestos Program and/or pro-viding certificates with pictures onthem.☺

Fall 2001

Can I take thiscourse?

raining Sponsors of refreshertraining courses must confirm iftheir students are within the

grace period allowed before grant-ing course admission (not to exceedone year after course expiration).Additionally, the trainer shouldverify, by means of picture identifi-cation, if the person taking thecourse is who the person says he/she is.☺

Social Security Numbers

Michigan approved asbestostraining course sponsor mustissue a numbered certificate to

a student upon successful comple-tion of a training course. On the num-bered certificate, the social securitynumber of the student is required foraccurate identification.

The Asbestos Program considersthis information confidential. If a stu-dent refuses to present his/her so-cial security card or number due toreligious reasons, the program asksfor the reason in writing from a rec-ognized religious organization ontheir letterhead. From the informa-tion that is received, a decision ismade as to whether the applicationwill be processed.

Requiring social security numberson training certificates has provento be very effective in the properidentification of individuals. With thesocial security number, we canreadily verify that individuals are giv-ing accurate identifying informationas well as distinguish between indi-viduals having identical names. Re-quiring this number has also in-creased efficiency in processingapplications.☺

Training Certificates

Foreign Language . . . Whichcourses can be taught? Accord-ing to EPA policy, only the workerinitial and worker refresher trainingcourses are allowed to be taught ina foreign language. Further, suchcourses shall not be taught using anEnglish-speaking lecturer and aninterpreter. These courses must beequivalent in training methods to theEPA Model Accreditation Plan(MAP). All other asbestos trainingcourses must be taught in English.

To be taught in a foreign language,the training course must meet thefollowing requirements:

1. Translate the course materialsinto the foreign language.

2. Provide the translated coursematerials to the state of Michi-gan.

3. Give written assurance with thesubmission of the course that thetranslation has been checked foraccuracy.

4. Ensure the instructor is fluent inthe language of the trainees.☺

Refresher Courses

ands-on instruction is recom-mended for all refreshercourses. “Proper glove bag tech-

niques” is one of the suggestedhands-on topics for most courses.☺

Instructor Change . . . How tocomply? Act 440 of 1988, asamended, section 11(2)(g) statesthat “an applicant desiring to spon-sor a training course shall submit foreach course . . . the names andqualifications of course instructors.”Thus, a training provider must no-tify the state of Michigan in advancewhen a new course instructor is tobe added. Records must accuratelyidentify the instructor(s) that taughteach particular course for each datethat a course is offered. Please note,this also applies to guest speakers.☺ Breaks

t is recommended that a shortbreak be given at least everyhour during the training course.

This allows students to regenerateand focus on the material once theyreturn to class. To accommodatethis proposal, as well as stay withinthe required time parameters, it issuggested to have working breaksand possibly a working lunch. In aworking break and/or lunch, stu-dents are provided with an exerciseand then allowed to move aroundthe classroom during this exercise.

Training Styles

t is important to emphasize thatbreaking up a lecture with differ-ent presentation/training media

(i.e., videos, slides, marker board,games, etc.) greatly enhances thecourse material. Studies haveshown that the presentation of re-quired topics in different trainingstyles benefits the students and en-ables them to retain more of thecourse materials.

5

Exam Times

n the final day of an initialcourse, it is expected that therewill be at least five hours of in-

struction prior to the exam. Thelength of time permitted to completethe exam may vary per course butshould not normally exceed twohours.

Quizzes

or training courses, instructorsshould develop a group of simi-lar questions to be used, thus

avoiding the use of identical ques-tions for exams. This will deter thetendency to teach to the test andhelp give the student an overall un-derstanding of the presented topic.The answers to the exam should notbe revealed before students take theexam.

Manuals

ourse materials distributed tostudents must be up-to-date andaccurate. It is imperative that the

instructor furnishes students with thelatest versions of regulations. Up-dates can be obtained from the As-bestos Program or the AsbestosProgram’s website.

Fall 2001

Training/Accreditation . . . Arethey both up-to-date? An indi-vidual must have current trainingAND a current accreditation card tobe able to work in the asbestos field.An individual is not allowed to per-form asbestos activities with lapsedtraining, even if their accreditationcard is valid. To do so would sub-ject the individual to possible lossof accreditation and their employerto possible loss of licensure and/ormonetary penalties.☺

BreaksBreaks

QuizzesQuizzes

Exam Times

Exam Times

Refresher CoursesRefresher Courses

ManualsManuals

Training StylesTraining Styles

CONTRACTORISSUES

6

Roofing

rior to the initiation of a demoli-tion or renovation project, athorough inspection (by a quali-

fied person) MUST be conducted ofthe facility. This survey must deter-mine what asbestos-containing roof-ing materials are present and whatasbestos-containing building mate-rials may be affected by vibrationcaused by reroofing activities. Thisinvolves assessing the individualroofing materials and flashing, in ad-dition to considering the deck’s un-derside, such as, the fireproofing,drain pipes, suspended pipes, andsuspended ceilings. It is importantto recognize that, under the Asbes-tos Hazard Emergency ResponseAct (AHERA), asbestos building in-spections performed in K-12 publicor private schools do not address ex-terior building materials that maycontain asbestos (ex: roofing mate-rials).

A roofing contractor should assumesuspect roofing materials (e.g., baseflashings, membranes, vapor retard-ers, and insulation facers) containasbestos unless these materialshave been analyzed by an accred-

ited laboratory and confirmed to beasbestos free.

If suspect asbestos-containing roof-ing materials are presumed or con-firmed to contain asbestos, the roof-ing contractor must assure that itswork practices comply with the re-quirements of 29 CFR1926.1101(g)(8)(ii), (g)(8)(iii), and(g)(11) as applicable.

• 29 CFR 1926.1101(g)(8)(ii) cov-ers work practices/procedures in-volving built-up or asphaltshingled asbestos-containingroofs.

• 29 CFR 1926.1101(g)(8)(iii) ap-plies to cementitious asbestos-containing siding and shingles in-cluding transite panels containingasbestos.

• 29 CFR 1926.1101(g)(11) appliesto asbestos-containing roofflashings.

In addition, employees and super-visors performing work involvingasbestos-containing roofing materi-als must be trained in accordancewith 29 CFR 1926.1101 (k)(9)(iv)(A)and 29 CFR 1926.1101(o)(4)(i) re-spectively. ☺

HEPA Vacuums

HEPA-filtered vacuum is essen-tial for cleaning the work area af-ter asbestos has been removed.

Such vacuums are designed to beused with a HEPA (High EfficiencyParticulate Air) filter. A HEPA filteris defined in 1926.1101 as a filtercapable of trapping and retaining atleast 99.97 percent of allmonodispersed particles of 0.3 mi-crometers in diameter or larger.

HEPA vacuums must meet the re-quirements as specified in theOSHA asbestos standards 29 CFR1910.1001 and 29 CFR 1926.1101.Therefore, HEPA filters utilized onproject sites must be tested and cer-tified. The HEPA filter test method,commonly employed by the nuclearindustry and the military, uses a ther-mally generated monodisperse DOP(dioctyl or di-2-ethylhexyl phthalate)aerosol as a challenge agent.

Contractors utilizing homemadeHEPA vacuums would not be incompliance with the above require-ments. Further, a householdvacuum cleaner retrofitted and usedas a HEPA vacuum is not an accept-able engineering control.☺

Fall 2001

Fall 2001 7

n June 15, 1995, federal OSHAentered into a Settlement Agree-ment with flooring industry rep-

resentatives. This agreement per-mits flooring removal contractors tomake negative exposure assess-ments, and thereby avoid work-sitemonitoring, when:

1. removal is conducted in strictcompliance with certain workpractices ;

2. the employees are properlytrained; and

3. a competent person determinesthat the material being removedis intact.

The Settlement Agreement alsomodifies the requirement for com-petent person training involvingflooring removal work. Instead of the40-hour training generally required,the competent person who super-vises removal of ‘intact’ flooringmaterial must receive at least a 12-hour training course. The coursetopics are listed in Appendix A of theAgreement. If the flooring materialis not removed intact or if other workpractices are used, the competentperson must receive the full 40-hourtraining.

The work practices required toqualify for the exceptions are listedbelow:

• Before removal begins, the en-tire floor is vacuumed using aHEPA vacuum with a metal floorattachment.

• Each floor tile is pried up indi-vidually using a stiff bladedscraper. If a tile does not releasefrom the adhesive when thescraper is forced under the tileby hand, the scraper may bestruck with a hammer to causethe tile to release and/or the tile

may be heated (e.g. using a hotair gun) to soften the adhesive andfacilitate removal.

• Alternatively, without first pryingup floor tiles using a scraper, heatis applied to the floor tile from aheat source (e.g. infrared heatmachine) and the tiles are re-moved by hand or by using ascraper.

• After the tile is removed, it isplaced in a heavy-duty imperme-able trash bag or other closedleak-tight container without furtherbreakage.

• As small areas of floor are clearedof tile, residual adhesive is re-moved, to the extent necessary toprepare the surface for installationof new flooring material, by beingwetted and scraped using a stiffbladed floor scraper.

• Alternatively, after the tile is re-moved, residual adhesive is re-moved by using a low speed floormachine and wetted sand or a re-moval solution.

• The area from which the adhesivehas been removed is vacuumedusing a HEPA vacuum with ametal floor attachment.

• After the entire floor has been re-moved and has dried, it is vacu-umed using a HEPA vacuum witha metal floor attachment.☺

Floor Tile RemovalMachines

loor tile removal machines doNOT typically remove floor tilein an intact state. Contractors

utilizing these machines for floor tileremoval must perform this activitywithin a negative pressure enclo-sure. Additionally, such activity willrequire 32-hour trained workers anda 40-hour trained competentperson.☺

FLOOR TILE REVISITED

Renewing ContractorLicenses

uite often, deficiencies are notedin contractor license renewal ap-plications. As a reminder, when

renewing your contractor’s license,be sure to include a copy of yourworkers’ compensation insurancecertificate (issued within the last 30days) and a list of all workers andcontractor/supervisors in youremploy.☺

MWREC?

he Michigan Asbestos Programparticipates in the Midwest Re-gional Environmental Consor-

tium (MWREC) consisting of sixstates (Illinois, Indiana, Michigan,Minnesota, Ohio, Wisconsin, andEPA Region V). This group wasformed in 1999 and serves as a fo-rum for sharing and communicatingasbestos-related information.MWREC also helps to provide bet-ter customer service to asbestoscontractors, their workers, and ulti-mately to Midwest citizens by pro-viding regulatory consistency, andimproving training and accreditationprogram efficiencies.

MWREC was instrumental in spon-soring the Annual National Asbes-tos Conference held in Chicago inApril 2000. At the conference, rep-resentatives from Michigan’s Asbes-tos Program gave a well-receivedpresentation on “CoordinatingOSHA and AHERA/MAP AsbestosRegulations.☺

Consumer & Industry ServicesBureau of Safety & RegulationOccupational Health DivisionAsbestos Program7150 Harris DriveP.O. Box 30671Lansing, Michigan 48909-8171

PRSRT STDU.S. Postage

PAIDLansing, MI

Permit No. 1200

How To Contact Us Asbestos Program 517.322.1320Bill DeLiefde Regional Supervisor 517.322.1320George Howard Program Coordinator 517.322.1320Susan Baldwin Industrial Hygienist 517.322.5204Fred Kirkland Industrial Hygienist 517.322.5789Keith Langworthy Industrial Hygienist 517.322.5207Jon Walker Industrial Hygienist 517.322.5211Lisa Hogan Departmental Technician 517.322.5238Lisa VanSteeland Word Processing Assistant 517.322.1320Kim Weaver Secretary 517.322.5806James Harris Student Assistant 517.322.6831Facsimile Number 517.322.1713

Website: www.cis.state.mi.us/bsr/divisions/occ/asbestos.htm

The Training Sponsor Update is pub-lished periodically by the MichiganDepartment of Consumer and Indus-try Services (MDCIS), Asbestos Pro-gram, which is responsible for assur-ing that people working with asbes-tos or individuals performing asbes-tos abatement activities are properlytrained and comply with rules govern-ing the work activity.

The purpose of the Training SponsorUpdate is to educate Michigan train-ing providers, contractors, and otherinterested parties, offer suggestions,and present updated information inregards to asbestos. It is hoped thatthis information will improve coursecontent and structure as well as in-form others of asbestos-related mat-ters.

This document is in the public domainand we encourage reprinting.☺

MDCIS - Asbestos Program

Fall 2001