OSHA's Standard Requirements

May 22, 1995

Dear Member,

NRCA and the Occupational Safety and Health Administration (OSHA) recently negotiated a settlement agreement to satisfy NRCA's legal challenge to OSHA's regulation. NRCA had three major objectives, all of which were met satisfactorily:

1. OSHA now regulates intact incidental -containing roofing material (ACRM) far less stringently than other ACRM. Incidental ACRM includes roof cements, mastics, coatings and flashings. Intact means that the material has not crumbled, been pulverized or otherwise deteriorated so that it is no longer likely to be bound with its matrix.
2. OSHA will allow roofing contractors to use NRCA's data compilation to make negative exposure assessments. This is an important determination because complying with the requirement for respirators, protective clothing, hygiene facilities and air monitoring is not necessary when a negative exposure assessment is made, provided the material is substantially intact and the permissible exposure limits are not exceeded. A bound copy of NRCA's data summary is available to members for $35.
3. OSHA's work practice and engineering control requirements have been amended to be consistent with EPA's.
   

   Enclosed is a detailed description of the OSHA standard's requirements. OSHA is in the process of updating the regulation, and a Federal Register notice is expected in June. That notice will be made available to members upon request. Also, May's issue of Professional Roofing features an article on the OSHA standard.

   While considering how to comply with OSHA's rule, don't forget about the Environmental Protection Agency (EPA) Interpretive Rule that was published in June 1994. A copy was mailed to you in August, but if you need another copy, call your local EPA office or call NRCA and ask Jennifer Patience to send you one.

   Included is a chart comparing the OSHA and EPA standards, a description of which projects are considered Class II work vs. intact incidental work and a list of NRCA recommendations.

   NRCA is preparing a training program to meet OSHA's worker training requirements. It will include a series of videos and comprehensive written materials. The program is expected to be available in July so that you will have time to conduct the required worker training by the Sept. 30 effective date. "Competent person" training for Class II work is required by July 10, and NRCA suggests that you contact your state EPA for a list of AHERA-approved training providers. In addition to AHERA training programs, state-approved training programs are acceptable to OSHA as well. Competent persons are also required for work involving intact incidental ACRM; however, they must simply be "knowledgeable" in a number of specific areas, which may mean they need only limited training, if any. This training may be conducted in-house. Your NRCA affiliates organization also may offer valuable information on local regulations and requirements.

   NRCA is also preparing a compliance program that will provide a step-by-step explanation of what you need to do to be in compliance with both federal OSHA and EPA standards. It is expected to be available this summer, and we will notify you when it is completed.

   Please keep NRCA informed of enforcement activity or interpretations in your area. If you are in an OSHA state-plan, please encourage OSHA in your state to adopt the settlement agreement. This is extremely important because, if the state OSHA does not adopt it, the former rule issued on August 10 becomes the law in your state. That would be disastrous.

   As always, if you have questions or need further information, call NRCA.

   Sincerely,
   Carl Good
   Associate Executive Director

   P.S. If you would like to obtain a copy of NRCA's data summary, it is available from NRCA for $35. Send your request along with a check or credit card number to:
   PO Box 809261
   Chicago, IL 60680-9261.
   Phone orders with a credit card are also accepted; please call Robyn Biskey at (800)323-9545.
   

National Roofing Contractor's Association Information Article