Occupational Exposure to Asbestos, Tremolite, Anthophyllite and Actinolite

Federal RegisterAug 23, 1996

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, and 1926

[Docket number H-033-e]

RIN 1218-AB25

Occupational Exposure to Asbestos, Tremolite, Anthophyllite and

Actinolite

AGENCY: Occupational Safety and Health Administration, Department of

Labor.

ACTION: Final rule: corrections.

-----------------------------------------------------------------------

SUMMARY: The Occupational Safety and Health Administration (OSHA) is

correcting certain provisions of the final asbestos standards issued

August 10, 1994 (59 FR 40964) and corrected and clarified June 29, 1995

(60 FR 33974) and September 29, 1995 (60 FR 50411).

EFFECTIVE DATE: These amendments take effect September 23, 1996.

FOR FURTHER INFORMATION CONTACT: Ms. Anne Cyr, Office of Information

and Consumer Affairs, OSHA, U. S. Department of Labor, Room N3647, 200

Constitution Avenue, N.W., Washington, DC 20210; telephone: (202) 219-

8151.

SUPPLEMENTARY INFORMATION:

1. Background

On August 10, 1994, OSHA issued asbestos standards for general

industry, construction work, and shipyard work. 59 FR 40964. On June

29, 1995, and September 29, 1995, OSHA issued notices correcting and

clarifying various provisions of those standards. 60 FR 33974; 60 FR

50411. This notice further corrects various provisions of the standards

and clarifies the meaning of certain provisions of the standards.

The corrections set forth in this document are based on the

existing rulemaking record and are not intended to affect the

protection afforded by the standards in a significant way. OSHA

therefore finds good cause, pursuant to 29 CFR 1911.15 and the

Administrative Procedure Act, for promulgating the corrections without

notice and opportunity for public comment.

This preamble will describe the changes to the regulatory text of

the standards and will also clarify the meaning of certain existing

provisions of the asbestos standards.

2. Respirators

The standards require that engineering and work practice controls

be supplemented by respirator use when employees are exposed to

asbestos fibers in concentrations exceeding the permissible exposure

limit (PEL) and in certain other circumstances. The type of respirator

that may be used depends on the amount by which exposures are expected

to exceed the PEL. When exposures are less than 10 times the PEL, half-

mask air-purifying respirators equipped with high efficiency filters

may be used. Full-facepiece air-purifying respirators with high

efficiency filters are permissible for exposures up to 50 times the

PEL. Higher exposures require the use of positive pressure respirators,

either powered air-purifying respirators (for exposures up to 100 times

the PEL) or full facepiece supplied-air respirators (for even higher

exposures).

Paragraph (h)(2)(iii) of the construction and shipyard standards

provides that any employee who must wear a respirator under the

standard may require that the employer provide him or her with a

powered air-purifying respirator in lieu of a negative pressure

respirator. Accordingly, even if the amount of asbestos to which an

employee is exposed would permit that employee to be protected by a

negative pressure respirator, an employee who wishes to wear a more

effective respirator may require the employer to provide a powered air-

purifying respirator.

It is important that employees understand that they have this

choice. Accordingly, paragraph (h)(2)(iii) of the construction and

shipyard standards is being revised to state explicitly that the

employer must inform employees of their right to require provision of a

powered air-purifying respirator in lieu of a negative pressure

respirator. This requirement for employee notification is already

implicit in provisions of the standards requiring that employees who

perform work that is covered by a standard be trained in the contents

of the standard. By stating explicitly that the employer must inform

employees who are required to wear respirators that the employee may

require the employer to provide a powered air-purifying respirator, the

standards will better assure that employees receive the information

they need to exercise the option afforded them by paragraph

(h)(2)(iii).

3. Signs and Labels

The asbestos standards require that signs and labels be used to

warn employees of the presence of asbestos in buildings and vessels.

When the 1994 standards were issued, certain provisions for signs and

labels were carried over from earlier standards issued in 1986, and

other provisions were added.

In resolving the judicial challenges to the 1986 standards, the

court of appeals ordered OSHA to reconsider its determination not to

require signs and labels to be in languages other than English. In

response to the court's order, OSHA did not require that signs and

labels be in languages other than English but did take other steps to

assure that employees who were not fluent in English understood the

warnings provided by the signs and labels. The agency added a new

requirement that the training program specifically cover the contents

of signs and labels and also required that the training assure that

employees comprehend the warning signs. With these changes, OSHA

concluded that the entire hazard communication program required by the

standard ``will ensure that all exposed employees are effectively

warned of the presence and hazards of asbestos-containing material on

worksites.'' 55 FR 3724, 3730 (Feb. 5, 1990).

The 1994 standards carried over the provisions requiring that

employees be trained in the contents of signs and labels and that the

training be conducted in a manner that the employee can comprehend. To

further ensure that workers understand the warnings provided by signs

and labels, the June 29, 1995 notice added a requirement to the

construction and shipyard standards stating that the employer assure

that the signs required at the entrance to regulated areas be

comprehensible to employees. The regulated area sign provisions listed

foreign languages, pictographs and graphics, as means to promote

employee comprehension.

OSHA has determined that language stating the need to promote

employee comprehension of signs and labels should be included in all of

the sign and label requirements found in the asbestos standards.

Accordingly, this notice revises paragraph (j)(3)(v) of the general

industry standard, and paragraphs (k)(6) and (k)(8)(vii) of the

construction and shipyard standards, to similarly state that employers

must assure employee comprehension of the signs and labels. These

revisions will provide for consistency in all of the provisions of the

standards that require asbestos warning signs and labels and will

therefore better assure that workers, particularly those who are not

fluent in

[[Page 43455]]

English, are aware of the presence and location of asbestos in their

workplaces. OSHA reiterates, however, that it is not mandating that

signs and labels be written in languages other than English. The

standards give each employer flexibility in deciding how to best assure

that the employees in its workplace understand the message conveyed by

the signs and labels.

4. Training

Proper training is vital to assure that workers who remove or

disturb asbestos-containing materials are aware of the hazards of

asbestos exposure and understand the requirements of the standard that,

if followed, will minimize such exposure. The standard's training

provisions are designed to assure that each employee receives a degree

of training appropriate to the nature of the asbestos-related tasks

that employee performs.

Employees who perform Class I asbestos removals must be given a 32-

hour training course equivalent to the asbestos abatement training

required under the EPA Model Accreditation Plan. The 1994 standard

required similar training for workers who engage in general Class II

removals but required 8-hour training for workers who remove only a

single generic type of Class II material, such as roofing or flooring

material. The intent was to assure that those employees who were

employed by asbestos abatement contractors and performed a wide range

of asbestos abatement work would receive the full 32-hour training,

while workers who worked for specialty contractors and performed

limited asbestos removal work would receive 8-hour training that

focused on the particular type of material they removed.

The June 29, 1995 notice retained the requirement that workers who

remove a single generic type of Class II building material receive 8-

hour training. However, OSHA determined that workers who remove

asbestos-containing materials other than building materials, such as

gaskets, do not necessarily require 8 hours of training. Accordingly,

the standards were revised to specify the topics that the training for

such workers had to cover rather than the duration of the training.

In making these changes to the Class II training provisions, the

requirement in paragraph (k)(9)(iii) for a 32-hour training course for

those workers who engage in Class II removals as part of general

asbestos abatement work was inadvertently deleted. This notice restores

and clarifies that requirement. Paragraph (k)(9)(iii) now states that

32-hour training is required when Class II operations require controls

such as critical barriers (or equivalent isolation methods) or negative

pressure enclosures. Such controls are required for those operations

that present the greatest potential for high exposures, and the workers

who perform such operations must thoroughly understand when and how

such controls must be used. The training provisions are also being

clarified to state that training for workers who engage in other Class

II removals must include training in each category of material the

employee removes and in each work practice and each removal method the

employee uses. Similar performance-oriented language is also being

added to the Class III training provision. By stating the training

requirement in performance-oriented terms, the standard gives each

employer flexibility in designing a training course suited to its

operation while assuring that each employee receives training that

covers all of the asbestos-related tasks that employee performs.

As discussed above, all training must be conducted in a manner that

is comprehensible to the employee. Therefore, any written or electronic

media that is used in the training must be presented at a reading level

that is appropriate for the workers being trained, and the employer

must take reasonable steps to assure that employees who are not fluent

in English understand the content of the training. A worker's ability

to obtain a timely response to questions he or she may have about the

content of the training is also a key to worker comprehension.

Accordingly, while a training course may use written materials and

electronic media such as videotapes or computer-based training, a

knowledgeable person (such as a person who qualifies as a ``competent

person'' for the particular type of asbestos work addressed in the

training) must be available to answer questions during the training.

Modern communication techniques permit effective questioning of a

person who is not physically present in the room where the training is

taking place, and the standards do not preclude reliance on such

methods. However, regardless of whether an instructor is physically

present during the training, the employer must assure that the

employees have a full opportunity to have questions answered in a

timely manner.

OSHA has received several inquiries about the training required for

a person to qualify as a ``competent person'' for roof removal work.

Roof removal is Class II work, and paragraph (o)(4)(i) of the

construction and shipyard standards generally requires a Class II

competent person to receive a 40-hour course that meets the requirement

of EPA's Model Accreditation Plan. However, paragraph (o)(4)(i) also

permits an alternative course that is certified by the EPA or by a

state and is equivalent in stringency, content, and length to the EPA

Model Accreditation Plan course. Various training providers have

developed ``competent person'' training courses that are specifically

designed to train roof removal supervisors. These courses focus on roof

removal work rather than asbestos removal methods that are used in

indoor work and therefore require less training time than the EPA MAP

course. Because these courses are shorter than the 40-hour MAP course,

training providers that have developed such courses and state agencies

whose approval has been sought have been uncertain as to whether

roofing supervisors trained in such courses would qualify as

``competent persons'' under the OSHA asbestos standards.

It was OSHA's intent to assure that a competent person receives

full and effective training in the type of asbestos jobs that the

person supervises. For routine roof removal work, where the material is

intact prior to removal, a well-designed training course that deals

specifically with roof removal work will effectively train competent

persons to supervise such jobs. However, where roofing material has

deteriorated to the point where it is no longer ``intact'' within the

meaning of the standards, removal of the material can result in

excessive exposures, and the job should be supervised by a person who

has been trained in the full range of asbestos abatement methods.

Therefore, OSHA has interpreted paragraph (o)(4)(i) to require 40-hour

training for competent persons who oversee roof removal work when the

material being removed is non-intact prior to removal. For competent

persons who supervise removals for which the roofing material is intact

prior to removal, state-approved courses of shorter than 40-hour

duration are permitted. When a powered roof cutter is used to remove

built-up roofing, the force of the cutting blade produces dust that is

non-intact even if the material is intact to begin with. However, for

purpose of the competent person training provision, this would not be

considered a non-intact removal that would require 40-hour training.

Only if the material has deteriorated to the point where it is non-

intact prior to removal is 40-hour training required.

[[Page 43456]]

5. Medical Surveillance

The 1994 construction and shipyard standards required medical

surveillance ``for all employees who for a combined total of 30 or more

days per year are engaged in Class I, II and III work or are exposed at

or above the permissible exposure limit or excursion limit.'' The

agency's intent was to count towards the medical surveillance

requirement all of the days in which an employee performed either Class

I or Class II or Class III work or, regardless of the type of work

being done, was exposed over either the permissible exposure limit or

excursion limit. The June 29, 1995 corrections notice modified this

provision to require medical surveillance ``for all employees who for a

combined total of 30 or more days per year are engaged in Class I, II

and III work or are exposed at or above the permissible exposure limit

or excursion limit for a combined 30 days or more per year.'' The

addition of the second reference to 30 days or more per year was not

intended to change the substantive meaning of the provision and has

proven to be confusing. The provision is therefore being revised to

return to the original wording.

The June 29, 1995 corrections notice also provided that days in

which an employee spends less than one hour performing Class II or III

work and, in doing so, fully conforms to the work practices specified

in the standard, need not be counted towards the medical surveillance

requirement. This provision is being further modified to state that

such days are excluded only if the material being removed or disturbed

is intact. Removal or disturbance of non-intact material presents the

potential for considerable exposure to asbestos fibers, and any day in

which such work takes place should count towards the medical

surveillance requirement. The provision is also being clarified by

stating that the one hour time period includes the time spent on the

entire removal operation, including cleanup.

6. One Waste-Bag Limitation for Class III Work

Class III work includes maintenance work for which a small amount

of ACM must be cut away to access mechanical or structural components

of buildings. In order to qualify as Class III work (rather than Class

I or Class II work), the amount cut away must be less than the amount

that can be contained in a standard-sized glove bag or waste bag.

Employers may not circumvent the requirements for Class I and Class II

removals by overfilling a single glove bag or waste bag and treating

the job as Class III. Material is only considered to be ``contained''

if the glove bag or waste bag is filled to the point where it can be

sealed effectively and will not become opened inadvertently or broken

during normal handling. To facilitate secure closure and avoid

breakage, it is generally proper practice to fill a bag only \1/3\ to

\1/2\ full.

7. Class IV Work

As OSHA has explained previously, Class IV work must be related to

and on the site of a construction job to be regulated by the Asbestos

Construction Standard, 29 CFR 1926.1101. 60 FR 33974. This

distinguishes such ``clean-up'' work from housekeeping which is

regulated by the Asbestos General Industry Standard, 29 CFR 1910.1001.

OSHA further wishes to clarify that ``clean-up'' performed as a

Class IV activity does not include picking up and bagging asbestos

debris/dust during Class I, II, or III work. Class I, II, and III work

is subject to the requirement in paragraph (g)(1)(iii) of the

construction and shipyard standards for prompt clean-up and disposal of

asbestos-containing waste and debris. Therefore, the collection and

bagging of dust and debris that results from Class I, II, or III work

is considered a part of that class of work and must be done by

employees trained to do such work. Class IV activities consist of

clean-up work that takes place in an area after a Class I, II, or III

job in that area has been completed. Although any asbestos-containing

dust and debris should have been removed during the Class I, II, or III

job, OSHA recognizes that some residual asbestos-containing dust or

debris may be present after the Class I, II, or III job (including

cleanup) has been completed. The Class IV classification under the

construction and shipyard standards for further cleanup work in areas

where Class I, II, or III work has taken place means that an asbestos-

trained ``competent person'' must evaluate the work before it is done

to assure that it should not be classified under another category. The

Class IV classification also means that the employees who perform the

work must receive sufficient training to recognize the presence of ACM,

understand the hazards associated with asbestos exposure, and know the

appropriate work practices that must be followed to minimize the

potential for asbestos exposure.

List of Subjects in 29 CFR Part 1910, 1915, and 1926

Asbestos, Occupational Safety and Health.

This document was prepared under the direction of Joseph A. Dear,

Assistant Secretary of Labor for Occupational Safety and Health, U.S.

Department of Labor, 200 Constitution Avenue, N.W., Washington, DC

20210.

Accordingly, pursuant to sections 4, 6(b), (8)(c), and 8(g) of the

Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657);

Sec. 107, Contract Work Hours and Safety Standard Act (Construction

Safety Act, 40 U.S.C. 333); Sec. 41, Longshore and Harbor Workers'

Compensation Act (33 U.S.C. 941); 5 U.S.C. Sec. 553; and 29 CFR Part

1911; 29 CFR Parts 1910, 1915 and 1926 are amended as set forth below.

Signed at Washington, DC, this 19th day of August, 1996.

Joseph A. Dear,

Assistant Secretary Occupational Safety and Health Administration.

OSHA hereby amends 29 CFR Parts 1910, 1915 and 1926 as follows:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

1. The authority citation of subpart Z of 29 CFR part 1910

continues to read as follows:

Authority: Secs. 6, 8 Occupational Safety and Health Act, 29

U.S.C. 655, 657: Secretary of Labor's Order 12-71 (36 FR 8754), 9-76

(41 FR 25059), 9-83 [48 FR 35736] or 1-90 (55 FR 9033), as

applicable; and 29 CFR part 1911.

All of subpart Z issued under section 6(b) of the Occupational

Safety and Health Act, except those substances which have exposure

limits listed in Tables Z-1, Z-2 and Z-3 of 29 CFR 1910.1000. The

latter were issued under section 6(a) [29 U.S.C. 655(a)].

Section 1910.1000, Tables Z-1, Z-2 and Z-3 also issued under 5

U.S.C. 553. Section 1910.1000, Tables Z-1, Z-2 and Z-3 not issued under

29 CFR part 1911 except for the arsenic (organic compounds), benzene,

and cotton dust listings.

Section 1910.1001 also issued under section 107 of Contract Work

Hours and Safety Standards Act, 40 U.S.C. 333.

Section 1910.1002 not issued under 29 U.S.C. or 29 CFR part 1911;

also issued under 5 U.S.C. 653.

Section 1910.1003 through 1910.1018 also issued under 29 CFR 653.

Section 1910.1025 also issued under 29 U.S.C. 653 and 5 U.S.C. 553.

Section 1910.1028 also issued under 29 U.S.C. 653.

Section 1910.1030 also issued under 29 U.S.C. 653.

Section 1910.1043 also issued under 5 U.S.C. 551 et seq.

Section 1910.1045 and 1910.1047 also issued under 29 U.S.C. 653.

[[Page 43457]]

Section 1910.1048 also issued under 29 U.S.C. 653.

Sections 1910.1200, 1910.1499 and 1910.1500 also issued under 5

U.S.C. 553.

Section 1910.1450 is also issued under sec. 6(b), 8(c) and 8(g)(2),

Pub. L. 91-596, 84 Stat. 1593, 1599, 1600; 29 U.S.C. 655, 657.

2. In Sec. 1910.1001, paragraph (j)(3)(v) is revised to read as

follows:

Sec. 1910.1001 Asbestos.

* * * * *

(j) * * *

(3) * * *

(v) At the entrance to mechanical rooms/areas in which employees

reasonably can be expected to enter and which contain ACM and/or PACM,

the building owner shall post signs which identify the material which

is present, its location, and appropriate work practices which, if

followed, will ensure that ACM and/or PACM will not be disturbed. The

employer shall ensure, to the extent feasible, that employees who come

in contact with these signs can comprehend them. Means to ensure

employee comprehension may include the use of foreign languages,

pictographs, graphics, and awareness training.

* * * * *

PART 1915--[AMENDED]

1. The authority citation of 29 CFR part 1915 continues to read as

follows:

Authority: Sec. 41, Longshore and Harbor Workers Compensation

Act (33 U.S.C. 941); secs. 4, 6, 8, Occupational Safety and Health

Act of 1970 (29 U.S.C. 653, 655, 657); sec. 4 of the Administrative

Procedure Act (5 U.S.C. 553); Secretary of Labor's Order No. 12-71

(36 FR 8754), 8-76 (41 FR 35736) or 1-90 (55 FR 9033), as

applicable; 29 CFR part 1911.

2. In Sec. 1915.1001, paragraph (h)(2)(iii) is revised to read as

follows:

Sec. 1915.1001 Asbestos.

* * * * *

(h) * * *

(2) * * *

(iii)(A) The employer shall provide a tight fitting powered, air-

purifying respirator in lieu of any negative-pressure respirator

specified in Table 1 whenever:

(1) an employee chooses to use this type of respirator; and

(2) this respirator will provide adequate protection to the

employee.

(B) The employer shall inform any employee required to wear a

respirator under this paragraph that the employee may require the

employer to provide a powered, air-purifying respirator in lieu of a

negative pressure respirator.

Table 1 * * *

* * * * *

3. In Sec. 1915.1001, paragraph (k)(6) is revised to read as

follows:

* * * * *

(k) * * *

(6) At the entrance to mechanical rooms/areas in which employees

reasonably can be expected to enter and which contain ACM and/or PACM,

the building/vessel owner shall post signs which identify the material

which is present, its location, and appropriate work practices which,

if followed, will ensure that ACM and/or PACM will not be disturbed.

The employer shall ensure, to the extent feasible, that employees who

come in contact with these signs can comprehend them. Means to ensure

employee comprehension may include the use of foreign languages,

pictographs, graphics, and awareness training.

* * * * *

4. In Sec. 1915.1001, paragraph (k)(8)(vii) is revised to read as

follows:

* * * * *

(k) * * *

(8) * * *

(vii) When a building/vessel owner or employer identifies

previously installed PACM and/or ACM, labels or signs shall be affixed

or posted so that employees will be notified of what materials contain

PACM and/or ACM. The employer shall attach such labels in areas where

they will clearly be noticed by employees who are likely to be exposed,

such as at the entrance to mechanical room/areas. Signs required by

paragraph (k)(6) of this section may be posted in lieu of labels so

long as they contain information required for labelling. The employer

shall ensure, to the extent feasible, that employees who come in

contact with these signs or labels can comprehend them. Means to ensure

employee comprehension may include the use of foreign languages,

pictographs, graphics, and awareness training.

* * * * *

5. In Sec. 1915.1001, paragraphs (k)(9)(iii), (k)(9)(iv), and

(k)(9)(v) are revised to read as follows:

* * * * *

(k) * * *

(9) * * *

(iii) Training for Class I operations and for Class II operations

that require the use of critical barriers (or equivalent isolation

methods) and/or negative pressure enclosures under this section shall

be the equivalent in curriculum, training method and length to the EPA

Model Accreditation Plan (MAP) asbestos abatement workers training (40

CFR part 763, subpart E, appendix C).

(iv) Training for other Class II work.

(A) For work with asbestos containing roofing materials, flooring

materials, siding materials, ceiling tiles, or transite panels,

training shall include at a minimum all the elements included in

paragraph (k)(9)(viii) of this section and in addition, the specific

work practices and engineering controls set forth in paragraph (g) of

this section which specifically relate to that category. Such course

shall include ``hands-on'' training and shall take at least 8 hours.

(B) An employee who works with more than one of the categories of

material specified in paragraph (k)(9)(iv)(A) of this section shall

receive training in the work practices applicable to each category of

material that the employee removes and each removal method that the

employee uses.

material specified in paragraph (k)(9)(iv)(A) of this section, training

shall be provided which shall include at a minimum all the elements

included in paragraph (k)(9)(viii) of this section and in addition, the

specific work practices and engineering controls set forth in paragraph

(g) of this section which specifically relate to the category of

material being removed, and shall include ``hands-on'' training in the

work practices applicable to each category of material that the

employee removes and each removal method that the employee uses.

(v) Training for Class III employees shall be consistent with EPA

requirements for training of local education agency maintenance and

custodial staff as set forth at 40 CFR 763.92(a)(2). Such a course

shall also include ``hands-on'' training and shall take at least 16

hours. Exception: For Class III operations for which the competent

person determines that the EPA curriculum does not adequately cover the

training needed to perform that activity, training shall include as a

minimum all the elements included in paragraph (k)(9)(viii) of this

section and in addition, the specific work practices and engineering

controls set forth in paragraph (g) of this section which specifically

relate to that activity, and shall include ``hands-on'' training in the

work practices applicable to each category of material that the

employee disturbs.

* * * * *

6. In Sec. 1915.1001, paragraph (m)(1)(i)(A) is revised to read as

follows:

* * * * *

(m) * * *

(1) * * *

(i) * * *

[[Page 43458]]

(A) The employer shall institute a medical surveillance program for

all employees who for a combined total of 30 or more days per year are

engaged in Class I, II and III work or are exposed at or above a

permissible exposure limit. For purposes of this paragraph, any day in

which a worker engages in Class II or Class III operations or a

combination thereof on intact material for one hour or less (taking

into account the entire time spent on the removal operation, including

cleanup) and, while doing so, adheres fully to the work practices

specified in this standard, shall not be counted.

* * * * *

PART 1926--[AMENDED]

1. The authority citation of subpart Z of 29 CFR part 1926

continues to read as follows:

Authority: Sections 6 and 8, Occupational Safety and Health Act,

29 U.S.C. 655, 657; Secretary of Labor's Orders Nos. 12-71 (36 FR

8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 FR 9033)

as applicable; and 29 CFR part 1911.

Section 1926.1102 not issued under 29 U.S.C. 655 or 29 CFR part

1911; also issued under 5 U.S.C. 653.

Section 1926.1103 through 1926.1118 also issued under 29 U.S.C.

6653.

Section 1926.1128 also issued under 29 U.S.C. 653.

Section 1926.1145 and 1926.1147 also issued under 29 U.S.C. 653.

Section 1926.1148 also issued under 29 U.S.C. 653.

2. In Sec. 1926.1101, paragraph (h)(2)(iii) is revised to read as

follows:

Sec. 1926.1101 Asbestos.

* * * * *

(h) * * *

(2) * * *

(iii)(A) The employer shall provide a tight fitting powered, air-

purifying respirator in lieu of any negative-pressure respirator

specified in Table 1 whenever:

(1) An employee chooses to use this type of respirator; and

(2) This respirator will provide adequate protection to the

employee.

(B) The employer shall inform any employee required to wear a

respirator under this paragraph that the employee may require the

employer to provide a powered, air-purifying respirator in lieu of a

negative pressure respirator.

Table 1 * * *

* * * * *

3. In Sec. 1926.1101, paragraph (k)(6) is revised to read as