WAC
296-62-07713 Methods of compliance for asbestos activities
in general industry.
(1) Engineering controls and work practices.
(a) The employer must institute engineering controls and work
practices to reduce and maintain employee exposure to or below
the permissible exposure limits prescribed in WAC 296-62-07705,
except to the extent that such controls are not feasible. Engineering
controls and work practices include but are not limited to the
following:
(i) Local exhaust ventilation equipped with HEPA filter dust
collection systems;
(ii) Vacuum cleaners equipped with HEPA filters;
(iii) Enclosure or isolation of processes producing asbestos
dust;
(iv) Use of wet methods, wetting agents, or removal encapsulants
to control employee exposures during asbestos handling, mixing,
removal, cutting, application, and cleanup;
(v) Prompt disposal of wastes contaminated with asbestos
in leak-tight containers; or
(vi) Use of work practices or other engineering controls
that the director can show to be feasible.
(b) Wherever the feasible engineering controls and work practices
that can be instituted are not sufficient to reduce employee
exposure to or below the permissible exposure limits prescribed
in WAC 296-62-07705, the employer must use them to reduce employee
exposure to the lowest levels achievable by these controls and
must supplement them by the use of respiratory protection that
complies with the requirements of WAC 296-62-07715.
(c) For the following operations, wherever feasible engineering
controls and work practices that can be instituted are not sufficient
to reduce the employee exposure to or below the permissible
exposure limits prescribed in WAC 296-62-07705, the employer
must use them to reduce employee exposure to or below 0.5 fiber
per cubic centimeter of air (as an eight-hour time-weighted
average) or 2.5 fibers per cubic centimeter of air for 30 minutes
(short-term exposure), and must supplement them by the use of
any combination of respiratory protection that complies with
the requirements of WAC 296-62-07715, work practices and feasible
engineering controls that will reduce employee exposure to or
below the permissible exposure limits prescribed in WAC 296-62-07705:
Coupling cutoff in primary asbestos cement pipe manufacturing;
sanding in primary and secondary asbestos cement sheet manufacturing;
grinding in primary and secondary friction product manufacturing;
carding and spinning in dry textile processes; and grinding
and sanding in primary plastics manufacturing.
(d) Local exhaust ventilation. Local exhaust HEPA ventilation
and dust collection systems must be designed, constructed, installed,
and maintained in accordance with good practices such as those
found in the American National Standard Fundamentals Governing
the Design and Operation of Local Exhaust Systems, ANSI Z9.2-1979.
(e) Particular tools. All hand-operated and power-operated
tools which would produce or release fibers of asbestos so as
to expose employees to levels in excess of the exposure limits
prescribed in WAC 296-62-07705, such as, but not limited to,
saws, scorers, abrasive wheels, and drills, must be provided
with local exhaust ventilation systems which comply with (d)
of this subsection. High-speed abrasive disc saws that are not
equipped with appropriate engineering controls must not be used
for work related to asbestos.
(f) Wet methods. Asbestos must be handled, mixed, applied,
removed, cut, scored, or otherwise worked in a wet saturated
state to prevent the emission of airborne fibers unless the
usefulness of the product would be diminished thereby.
(g) Particular products and operations. When asbestos cement,
mortar, coating, grout, plaster, or similar material containing
asbestos is removed from bags, cartons, or other containers
in which they are shipped, it must be either wetted, enclosed,
or ventilated so as to prevent effectively the release of airborne
fibers of asbestos.
(h) Compressed air. Compressed air must not be used to remove
asbestos or materials containing asbestos unless the compressed
air is used in conjunction with an enclosed ventilation system
designed to effectively capture the dust cloud created by the
compressed air.
(2) Compliance program.
(a) Where either the time weighted average and/or excursion
limit is exceeded, the employer must establish and implement
a written program to reduce employee exposure to or below the
permissible exposure limits by means of engineering and work
practice controls as required by subsection (1) of this section,
and by the use of respiratory protection where required or permitted
under this section.
(b) Such programs must be reviewed and updated as necessary
to reflect significant changes in the status of the employer's
compliance program.
(c) Written programs must be submitted upon request for examination
and copying to the director, affected employees and designated
employee representatives.
(d) The employer must not use employee rotation as a means
of compliance with the permissible exposure limits specified
in WAC 296-62-07705.
(3) Specific compliance methods for brake and clutch repair:
(a) Engineering controls and work practices for brake and clutch
repair and service. During automotive brake and clutch inspection,
disassembly, repair and assembly operations, the employer must
institute engineering controls and work practices to reduce
employee exposure to materials containing asbestos using a negative
pressure enclosure/HEPA vacuum system method or low pressure/wet
cleaning method which meets the detailed requirements in WAC
296-62-07745, Appendix F. The employer may also comply using
an equivalent method which follows written procedures which
the employer demonstrates can achieve results equivalent to
Method (1) Negative pressure enclosure/HEPA vacuum system method
in WAC 296-62-07745, Appendix F. For facilities in which no
more than 5 pair of brakes or 5 clutches are inspected, disassembled,
repaired, or assembled per week, (4) Wet method in WAC 296-62-07745,
Appendix F may be used instead of Method (1).
(b) The employer may also comply by using an equivalent method
which follows written procedures, which the employer demonstrates
can achieve equivalent exposure reductions as do the two “preferred
methods.” Such demonstration must include monitoring data
conducted under workplace conditions closely resembling the
process, type of asbestos containing materials, control method,
work practices and environmental conditions which the equivalent
method will be used, or objective data, which document that
under all reasonably foreseeable conditions of brake and clutch
repair applications, the method results in exposure which are
equivalent to the methods in WAC 296-62-07745, Appendix F.
(1) General. For employees who use respirators as required by
WAC 296-62-077 through 296-62-07747, the employer must provide
respirators that comply with the requirements of this section.
Respirators must be used during:
(a) Periods necessary to install or implement feasible engineering
and work-practice controls;
(b) Work operations, such as maintenance and repair activities,
for which engineering and work-practice controls are not feasible;
(c) Work operations for which feasible engineering and work-practice
controls are not yet sufficient to reduce employee exposure
to or below the permissible exposure limits;
(d) Emergencies;
(e) Work operations in all regulated areas, except for construction
activities which follow requirements set forth in WAC 296-62-07715
(1)(g);
(f) Work operations whenever employee exposure exceeds the
permissible exposure limits;
(g) The following construction activities:
(i) Class I asbestos work;
(ii) Class II work where the ACM is not removed in a substantially
intact state;
(iii) Class II and Class III work which is not performed
using wet methods, except for removal of ACM from sloped roofs
when a negative-exposure assessment has been made and the
ACM is removed in an intact state;
(iv) Class II and Class III asbestos work for which a negative-exposure
assessment has not been conducted;
(v) Class III work when TSI or surfacing ACM or PACM is being
disturbed;
(vi) Class IV work performed within regulated areas where
employees who are performing other work are required to wear
respirators.
(2) Respirator program.
(a) The employer must develop, implement and maintain a respiratory
protection program as required by chapter 296-842 WAC, Respirators.
(b) Employers must provide an employee with a tight-fitting,
powered, air-purifying respirator (PAPR) instead of a negative-pressure
respirator selected when an employee chooses to use a PAPR and
the respirator provides the protection to the employee.
(c) The employer must inform any employee required to wear
a respirator under this section that the employee may require
the employer to provide a tight-fitting, powered, air-purifying
respirator (PAPR) instead of a negative-pressure respirator.
(d) No employee must be assigned to tasks requiring the use
of respirators if, based on their most recent medical examination,
the examining physician determines that the employee will be
unable to function normally using a respirator, or that the
safety or health of the employee or other employees will be
impaired by the use of a respirator. Such employees must be
assigned to another job or given the opportunity to transfer
to a different position, the duties of which they can perform.
If such a transfer position is available, the position must
be with the same employer, in the same geographical area, and
with the same seniority, status, and rate of pay the employee
had just prior to such transfer.
(3) Respirator selection. The employer must:
(a) Select and provide to employees appropriate respirators
as specified in this section, and in WAC 296-842-13005, in the
respirator rule.
Make sure filtering facepiece respirators aren't selected or
used for protection against asbestsos fibers.
(b) Provide employees with an air-purifying, half-facepiece
respirator, other than a filtering-facepiece respirator, that
is equipped with a HEPA filter or an N-, R-, orP-100 series
filter whenever the employee performs:
(i) Class II and III asbestos work for which no negative-exposure
assessment is available;
(ii) Class III asbestos work involving disturbances of TSI
or surfacing ACM or PACM.
(e) Equip any powered air-purifying respirator (PAPR) or negative-pressure
air-purifying respirator with HEPA filters or N-, R-, or P-100
series filters.
(4) Special respiratory protection requirements.
(a) Unless specifically identified in this subsection, respirator
selection for asbestos removal, demolition, and renovation operations
shall be in accordance with the selection specifications of
this section and the general selection requirements in WAC 296-842-13005,
found in the respirator rule. The employer must provide and
require to be worn, at no cost to the employee, a full facepiece
supplied-air respirator operated in the pressure demand mode
equipped with either an auxiliary positive pressure self-contained
breathing apparatus or a HEPA filter egress cartridge, to employees
engaged in the following asbestos operations:
(i) Inside negative pressure enclosures used for removal,
demolition, and renovation of friable asbestos from walls,
ceilings, vessels, ventilation ducts, elevator shafts, and
other structural members, but does not include pipes or piping
systems; or
(ii) Any dry removal of asbestos.
(b) For all Class I work excluded or not specified in (a)(i)
and (ii) of this subsection, when a negative-exposure assessment
isn't available, and the exposure assessment indicates the exposure
level will be at or below 1f/cc as an 8-hour time weighted average,
employers must provide employees with one of the following respirators:
(i) A tight-fitting, powered, air-purifying respirator
equipped with high-efficiency filters;
(ii) A full-facepiece supplied-air respirator operated
in the pressure-demand mode equipped with either HEPA egress
cartridges; or
(iii) An auxiliary positive-pressure, self-contained breathing
apparatus.
(c) Whenever the employees are in a regulated area performing
Class I asbestos work for which a negative exposure assessment
isn't available, and and exposure assessment indicates that
the exposure level will be above 1 f/cc as an 8-hour TWA,
employers must provide a full-facepiece supplied-air respirator
operated in the pressure-demand mode equipped with an auxiliary
positive-pressure self-contained breathing apparatus.
Exception: In lieu of the supplied-air respirator required
by subsection (4) of this section, an employer may provide and
require to be worn, at no cost to the employee, a full facepiece
supplied-air respirator operated in the continuous flow mode
equipped with either an auxiliary positive pressure self-contained
breathing apparatus or a back-up HEPA filter egress cartridge
where daily and historical personal monitoring data indicates
the concentration of asbestos fibers is not reasonably expected
to exceed 10 f/cc. The continuous flow respirator shall be operated
at a minimum air flow rate of six cubic feet per minute at the
facepiece using respirable air supplied as required by chapter
296-842 WAC, Respirators.
(5) Respirator fit testing.
(a) For each employee wearing negative pressure respirators,
employers shall perform either quantitative or qualitative
face fit tests at the time of initial fitting and at least
annually thereafter. The qualitative fit tests may be used
only for testing the fit of half-mask respirators where they
are permitted to be worn.
(b) Any supplied-air respirator facepiece equipped with a
back-up HEPA filter egress cartridge shall be quantitatively
fit tested (see WAC 296-62-07160 through 296-62-07162 and
296-62-07201 through 296-62-07248).
(1) Provision and use. If an employee is exposed to asbestos
above the permissible exposure limits, or where the possibility
of eye irritation exists, or for which a required negative exposure
assessment is not produced and for any employee performing Class
I operations, the employer shall provide at no cost to the employee
and require that the employee uses appropriate protective work
clothing and equipment such as, but not limited to:
(a) Coveralls or similar full-body work clothing;
(b) Gloves, head coverings, and foot coverings; and
(c) Face shields, vented goggles, or other appropriate protective
equipment which complies with WAC 296-800-160.
(2) Removal and storage.
(a) The employer shall ensure that employees remove work
clothing contaminated with asbestos only in change rooms provided
in accordance with WAC 296-62-07719(1).
(b) The employer shall ensure that no employee takes contaminated
work clothing out of the change room, except those employees
authorized to do so for the purpose of laundering, maintenance,
or disposal.
(c) Contaminated clothing. Contaminated clothing shall be
transported in sealed impermeable bags, or other closed, impermeable
containers, and be labeled in accordance with WAC 296-62-07721.
(d) Containers of contaminated protective devices or work
clothing which are to be taken out of change rooms or the
workplace for cleaning, maintenance, or disposal, shall bear
labels in accordance with WAC 296-62-07721(6).
(3) Cleaning and replacement.
(a) The employer shall clean, launder, repair, or replace
protective clothing and equipment required by this paragraph
to maintain their effectiveness. The employer shall provide
clean protective clothing and equipment at least weekly to
each affected employee.
(b) The employer shall prohibit the removal of asbestos from
protective clothing and equipment by blowing or shaking.
(c) Laundering of contaminated clothing shall be done so
as to prevent the release of airborne fibers of asbestos in
excess of the permissible exposure limits prescribed in WAC
296-62-07705.
(d) Any employer who gives contaminated clothing to another
person for laundering shall inform such person of the requirement
in (c) of this subsection to effectively prevent the release
of airborne fibers of asbestos in excess of the permissible
exposure limits.
(e) The employer shall inform any person who launders or
cleans protective clothing or equipment contaminated with
asbestos of the potentially harmful effects of exposure to
asbestos.
(f) Contaminated clothing shall be transported in sealed
impermeable bags, or other closed, impermeable containers,
and labeled in accordance with WAC 296-62-07721.
(4) Inspection of protective clothing for construction and
shipyard work.
(a) The competent person shall examine worksuits worn by
employees at least once per workshift for rips or tears that
may occur during performance of work.
(b) When rips or tears are detected while an employee is
working, rips and tears shall be immediately mended, or the
worksuit shall be immediately replaced.
(a) The employer shall provide clean change rooms for employees
required to work in regulated areas or required by WAC 296-62-07717(1)
to wear protective clothing.
Exception: In lieu of the change area
requirement specified in this subsection, the employer may permit
employees in Class III and Class IV asbestos work, to clean
their protective clothing with a portable HEPA-equipped vacuum
before such employees leave the area where maintenance was performed.
(b) The employer shall ensure that change rooms are in accordance
with WAC 296-800-230, and are equipped with two separate lockers
or storage facilities, so separated as to prevent contamination
of the employee's street clothes from his/her protective work
clothing and equipment.
(2) Showers.
(a) The employer shall ensure that employees who work in
negative pressure enclosures required by WAC 296-62-07712,
or who work in areas where their airborne exposure is above
the permissible exposure limits prescribed in WAC 296-62-07705,
shower at the end of the work shift.
(b) The employer shall provide shower facilities which comply
with WAC 296-800-230.
(c) The employer shall ensure that employees who are required
to shower pursuant to (a) of this subsection do not leave
the workplace wearing any clothing or equipment worn during
the work shift.
(3) Special requirements in addition to the other provisions
of WAC 296-62-07719 for construction work defined in WAC 296-155-012
and for all shipyard work defined in WAC 296-304-010.
(a) Requirements for employees performing Class I asbestos
jobs involving over 25 linear or 10 square feet of TSI or
surfacing ACM and PACM.
(i) Decontamination areas: The employer shall establish
a decontamination area that is adjacent and connected to
the regulated area for the decontamination of such employees.
The decontamination area shall consist of an equipment room,
shower area, and clean room in series. The employer shall
ensure that employees enter and exit the regulated area
through the decontamination area.
(A) Equipment room. The equipment room shall be supplied
with impermeable, labeled bags and containers for the
containment and disposal of contaminated protective equipment.
(B) Shower area. Shower facilities shall be provided
which comply with WAC 296-800-230, unless the employer
can demonstrate that they are not feasible. The showers
shall be adjacent both to the equipment room and the clean
room, unless the employer can demonstrate that this location
is not feasible. Where the employer can demonstrate that
it is not feasible to locate the shower between the equipment
room and the clean room, or where the work is performed
outdoors, the employers shall ensure that employees:
(I) Remove asbestos contamination from their worksuits
in the equipment room using a HEPA vacuum before proceeding
to a shower that is not adjacent to the work area; or
(II) Remove their contaminated worksuits in the equipment
room, then don clean worksuits, and proceed to a shower
that is not adjacent to the work area.
(C) Clean change room. The clean room shall be equipped
with a locker or appropriate storage container for each
employee's use.
(ii) Decontamination area entry procedures. The employer
shall ensure that employees:
(A) Enter the decontamination area through the clean
room;
(B) Remove and deposit street clothing within a locker
provided for their use; and
(C) Put on protective clothing and respiratory protection
before leaving the clean room.
(D) Before entering the regulated area, the employer
shall ensure that employees pass through the equipment
room.
(iii) Decontamination area exit procedures. The employer
shall ensure that:
(A) Before leaving the regulated area, employees shall
remove all gross contamination and debris from their protective
clothing;
(B) Employees shall remove their protective clothing
in the equipment room and deposit the clothing in labeled
impermeable bags or containers;
(C) Employees shall not remove their respirators in the
equipment room;
(D) Employees shall shower prior to entering the clean
room. When taking a shower, employees shall be fully wetted,
including the face and hair, prior to removing the respirators;
(E) After showering, employees shall enter the clean
room before changing into street clothes.
(b) Requirements for Class I work involving less than 25
linear or 10 square feet of TSI or surfacing ACM and PACM,
and for Class II and Class III asbestos work operations where
exposures exceed a PEL or where there is no negative exposure
assessment produced before the operation.
(i) The employer shall establish an equipment room or area
that is adjacent to the regulated area for the decontamination
of employees and their equipment which is contaminated with
asbestos which shall consist of an area covered by a impermeable
drop cloth on the floor or horizontal working surface.
(ii) The area must be of sufficient size as to accommodate
cleaning of equipment and removing personal protective equipment
without spreading contamination beyond the area (as determined
by visible accumulations).
(iii) Work clothing must be cleaned with a HEPA vacuum
before it is removed.
(iv) All equipment and surfaces of containers filled with
ACM must be cleaned prior to removing them from the equipment
room or area.
(v) The employer shall ensure that employees enter and
exit the regulated area through the equipment room or area.
(c) Requirements for Class IV work. Employers shall ensure
that employees performing Class IV work within a regulated
area comply with hygiene practice required of employees performing
work which has a higher classification within that regulated
area. Otherwise employers of employees cleaning up debris
and material which is TSI or surfacing ACM or identified as
PACM shall provide decontamination facilities for such employees
which are required by WAC 296-62-07719 (3)(b).
(d) Decontamination area for personnel shall not be used
for the transportation of asbestos debris.
(e) Waste load-out procedure. The waste load-out area as
required by WAC 296-62-07723 shall be used as an area for
final preparation and external decontamination of waste containers,
as a short term storage area for bagged waste, and as a port
for transporting waste. The employer shall ensure waste containers
be free of all gross contaminated material before removal
from the negative-pressure enclosure. Gross contamination
shall be wiped, scraped off, or washed off containers before
they are placed into a two chamber air lock which is adjacent
to the negative-pressure enclosure. In the first chamber,
the exterior of the waste container shall be decontaminated
or placed within a second waste container, and then it shall
be moved into the second chamber of the air lock for temporary
storage or transferred outside of the regulated area. The
second waste container shall not be reused unless thoroughly
decontaminated.
(4) Lunchrooms.
(a) The employer shall provide lunchroom facilities for employees
who work in areas where their airborne exposure is above the
time weighted average and/or excursion limit.
(b) The employer shall ensure that lunchroom facilities have
a positive pressure, filtered air supply, and are readily
accessible to employees.
(c) The employer shall ensure that employees who work in
areas where their airborne exposure is above the time weighted
average and/or excursion limit, wash their hands and faces
prior to eating, drinking, or smoking.
(d) The employer shall ensure that employees do not enter
lunchroom facilities with protective work clothing or equipment
unless surface asbestos fibers have been removed from the
clothing or equipment by vacuuming or other method that removes
dust without causing the asbestos to become airborne.
(5) Smoking in work areas. The employer shall ensure that employees
do not smoke in work areas where they are occupationally exposed
to asbestos because of activities in that work area.
(1) Communication of hazards to employees. General industry
requirements.
(a) Introduction. This section applies to the communication
of information concerning asbestos hazards in general industry.
Asbestos exposure in industry occurs in a wide variety of
industrial and commercial settings. Employees who manufacture
asbestos-containing products may be exposed to asbestos fibers.
Employees who repair and replace automotive brakes and clutches
may be exposed to asbestos fibers. In addition, employees
engaged in housekeeping activities in industrial facilities
with asbestos product manufacturing operations, and in public
and commercial buildings with installed asbestos-containing
materials may be exposed to asbestos fibers. It should be
noted that employees who perform housekeeping activities during
and after construction activities are covered by asbestos
construction work requirements in WAC 296-62-077. Housekeeping
employees, regardless of industry designation, should know
whether building components they maintain may expose them
to asbestos. Building owners are often the only and/or best
source of information concerning the presence of previously
installed asbestos-containing building materials. Therefore
they, along with employers of potentially exposed employees,
are assigned specific information conveying and retention
duties under this section.
(b) Installed asbestos-containing material. Employers and
building owners are required to treat installed TSI and sprayed-on
and troweled-on surfacing materials as ACM for the purposes
of this standard. These materials are designated “presumed
ACM or PACM,” and are defined in WAC 296-62-07703. Asphalt
and vinyl flooring installed no later than 1980 also must
be treated as asbestos-containing. The employer or building
owner may demonstrate that PACM and flooring materials do
not contain asbestos by complying with WAC 296-62-07712 (10)(a)(ix).
(c) Duties of employers and building and facility owners.
(i) Building and facility owners must determine the presence,
location, and quantity of ACM and/or PACM at the worksite.
Employers and building and facility owners must exercise
due diligence in complying with these requirements to inform
employers and employees about the presence and location
of ACM and PACM.
(ii) Before authorizing or allowing any construction, renovation,
remodeling, maintenance, repair, or demolition project,
an owner or owner's agent must perform, or cause to be performed,
a good faith inspection to determine whether materials to
be worked on or removed contain asbestos. The inspection
must be documented by a written report maintained on file
and made available upon request to the director.
(A) The good faith inspection must be conducted by an
accredited inspector.
(B) Such good faith inspection is not required if the
owner or owner's agent is reasonably certain that asbestos
will not be disturbed by the project or the owner or owner's
agent assumes that the suspect material contains asbestos
and handles the material in accordance with WAC 296-62-07701
through 296-62-07753.
(iii) The owner or owner's agent must provide, to all contractors
submitting a bid to undertake any construction, renovation,
remodeling, maintenance, repair, or demolition project,
the written statement either of the reasonable certainty
of nondisturbance of asbestos or of assumption of the presence
of asbestos. Contractors must be provided with the written
report before they apply or bid to work.
(iv) Any owner or owner's agent who fails to comply with
(c)(ii) and (iii) of this subsection must be subject to
a mandatory fine of not less than two hundred fifty dollars
for each violation. Each day the violation continues must
be considered a separate violation. In addition, any construction,
renovation, remodeling, maintenance, repair, or demolition
which was started without meeting the requirements of this
section must be halted immediately and cannot be resumed
before meeting such requirements.
(v) Building and facility owners must inform employers
of employees, and employers must inform employees who will
perform housekeeping activities in areas which contain ACM
and/or PACM of the presence and location of ACM and/or PACM
in such areas which may be contacted during such activities.
(vi) Upon written or oral request, building or facility
owners must make a copy of the written report required in
this section available to the department of labor and industries
and the collective bargaining representatives or employee
representatives of any employee who may be exposed to any
asbestos or asbestos-containing materials. A copy of the
written report must be posted conspicuously at the location
where employees report to work.
(vii) Building and facility owners must maintain records
of all information required to be provided according to
this section and/or otherwise known to the building owner
concerning the presence, location and quantity of ACM and
PACM in the building/facility. Such records must be kept
for the duration of ownership and must be transferred to
successive owners.
(2) Communication of hazards to employees. Requirements for
construction and shipyard employment activities.
(a) Introduction. This section applies to the communication
of information concerning asbestos hazards in construction
and shipyard employment activities. Most asbestos-related
construction and shipyard activities involve previously installed
building materials. Building/vessel owners often are the only
and/or best sources of information concerning them. Therefore,
they, along with employers of potentially exposed employees,
are assigned specific information conveying and retention
duties under this section. Installed Asbestos Containing Building/Vessel
Material: Employers and building/vessel owners must identify
TSI and sprayed or troweled on surfacing materials as asbestos-containing
unless the employer, by complying with WAC 296-62-07721(3)
determines it is not asbestos containing. Asphalt or vinyl
flooring/decking material installed in buildings or vessels
no later than 1980 must also be considered as asbestos containing
unless the employer/owner, according to WAC 296-62-07712 (10)(a)(ix)
determines it is not asbestos containing. If the employer
or building/vessel owner has actual knowledge or should have
known, through the exercise of due diligence, that materials
other than TSI and sprayed-on or troweled-on surfacing materials
are asbestos containing, they must be treated as such. When
communicating information to employees according to this standard,
owners and employers must identify “PACM” as ACM.
Additional requirements relating to communication of asbestos
work on multi-employer worksites are set out in WAC 296-62-07706.
(b) Duties of building/vessel and facility owners.
(i) Before work subject to this section is begun, building/vessel
and facility owners must identify the presence, location
and quantity of ACM, and/or PACM at the work site. All thermal
system insulation and sprayed on or troweled on surfacing
materials in buildings/vessels or substrates constructed
no later than 1980 must be identified as PACM. In addition,
resilient flooring/decking material installed no later than
1980 must also be identified as asbestos containing.
(ii) Before authorizing or allowing any construction, renovation,
remodeling, maintenance, repair, or demolition project,
a building/vessel and facility owner or owner's agent must
perform, or cause to be performed, a good faith inspection
to determine whether materials to be worked on or removed
contain asbestos. The inspection must be documented by a
written report maintained on file and made available upon
request to the director.
(A) The good faith inspection must be conducted by an
accredited inspector.
(B) Such good faith inspection is not required if the
building/vessel and facility owner or owner's agent assumes
that the suspect material contains asbestos and handles
the material in accordance with WAC 296-62-07701 through
296-62-07753 or if the owner or the owner's agent is reasonably
certain that asbestos will not be disturbed by the project.
(iii) The building/vessel and facility owner or owner's
agent must provide, to all contractors submitting a bid
to undertake any construction, renovation, remodeling, maintenance,
repair, or demolition project, the written statement either
of the reasonable certainty of nondisturbance of asbestos
or of assumption of the presence of asbestos. Contractors
must be provided the written report before they apply or
bid on work.
(iv) Any building/vessel and facility owner or owners agent
who fails to comply with WAC 296-62-07721 (2)(b)(ii) and
(iii) must be subject to a mandatory fine of not less than
two hundred fifty dollars for each violation. Each day the
violation continues must be considered a separate violation.
In addition, any construction, renovation, remodeling, maintenance,
repair, or demolition which was started without meeting
the requirements of this section must be halted immediately
and cannot be resumed before meeting such requirements.
(v) Upon written or oral request, building/vessel and facility
owner or owner's agent must make a copy of the written report
required in this section available to the department of
labor and industries and the collective bargaining representatives
or employee representatives of any employee who may be exposed
to any asbestos or asbestos-containing materials. A copy
of the written report must be posted conspicuously at the
location where employees report to work.
(vi) Building/vessel and facility owner or owner's agent
must notify in writing the following persons of the presence,
location and quantity of ACM or PACM, at work sites in their
buildings/facilities/vessels.
(A) Prospective employers applying or bidding for work
whose employees reasonably can be expected to work in
or adjacent to areas containing such material;
(B) Employees of the owner who will work in or adjacent
to areas containing such material;
(C) On multi-employer worksites, all employers of employees
who will be performing work within or adjacent to areas
containing such materials;
(D) Tenants who will occupy areas containing such materials.
(c) Duties of employers whose employees perform work subject
to this standard in or adjacent to areas containing ACM and
PACM. Building/vessel and facility owner or owner's agents
whose employees perform such work must comply with these provisions
to the extent applicable.
(i) Before work subject to this standard is begun, building/vessel
and facility owner or owner's agents must determine the
presence, location, and quantity of ACM and/or PACM at the
work site according to WAC 296-62-07721 (2)(b).
(ii) Before work under this standard is performed employers
of employees who will perform such work must inform the
following persons of the location and quantity of ACM and/or
PACM present at the work site and the precautions to be
taken to insure that airborne asbestos is confined to the
area.
(A) Owners of the building/vessel or facility;
(B) Employees who will perform such work and employers
of employees who work and/or will be working in adjacent
areas;
(iii) Upon written or oral request, a copy of the written
report required in this section must be made available to
the department of labor and industries and the collective
bargaining representatives or employee representatives of
any employee who may be exposed to any asbestos or asbestos-containing
materials. A copy of the written report must be posted conspicuously
at the location where employees report to work.
(iv) Within 10 days of the completion of such work, the
employer whose employees have performed work subject to
this standard, must inform the building/vessel or facility
owner and employers of employees who will be working in
the area of the current location and quantity of PACM and/or
ACM remaining in the former regulated area and final monitoring
results, if any.
(d) In addition to the above requirements, all employers
who discover ACM and/or PACM on a work site must convey information
concerning the presence, location and quantity of such newly
discovered ACM and/or PACM to the owner and to other employers
of employees working at the work site, within 24 hours of
the discovery.
(e) No contractor may commence any construction, renovation,
remodeling, maintenance, repair, or demolition project without
receiving a copy of the written response or statement required
by WAC 296-62-07721 (2)(b). Any contractor who begins any
project without the copy of the written report or statement
will be subject to a mandatory fine of not less than two hundred
fifty dollars per day. Each day the violation continues will
be considered a separate violation.
(3) Criteria to rebut the designation of installed material
as PACM.
(a) At any time, an employer and/or building/vessel owner
may demonstrate, for purposes of this standard, that PACM
does not contain asbestos. Building/vessel owners and/or employers
are not required to communicate information about the presence
of building material for which such a demonstration according
to the requirements of (b) of this subsection has been made.
However, in all such cases, the information, data and analysis
supporting the determination that PACM does not contain asbestos,
must be retained according to WAC 296-62-07727.
(b) An employer or owner may demonstrate that PACM does not
contain asbestos by the following:
(i) Having a completed inspection conducted according to
the requirements of AHERA (40 CFR Part 763, Subpart E) which
demonstrates that the material is not ACM;
(ii) Performing tests of the material containing PACM which
demonstrate that no asbestos is present in the material.
Such tests must include analysis of bulk samples collected
in the manner described in 40 CFR 763.86, Asbestos-containing
materials in schools. The tests, evaluation and sample collection
must be conducted by an accredited inspector. Analysis of
samples must be performed by persons or laboratories with
proficiency demonstrated by current successful participation
in a nationally recognized testing program such as the National
Voluntary Laboratory Accreditation Program (NVLAP) of the
National Institute for Standards and Technology (NIST) or
the Round Robin for bulk samples administered by the American
Industrial Hygiene Associate (AIHA), or an equivalent nationally
recognized Round Robin testing program.
(4) At the entrance to mechanical rooms/areas in which employees
reasonably can be expected to enter and which contain TSI or
surfacing ACM and PACM, the building/vessel and facility owner
or owner's agent must 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.
(5) Warning signs.
(a) Warning signs that demarcate the regulated area must
be provided and displayed at each location where a regulated
area is required. In addition, warning signs must be posted
at all approaches to regulated areas and be posted at such
a distance from such a location that an employee may read
the signs and take necessary protective steps before entering
the area marked by the signs.
(b) The warning signs required by (a) of this subsection
must bear the following information:
DANGER
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY
RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED
IN THIS AREA
(c) The employer shall ensure that employees working in and
contiguous to regulated areas comprehend the warning signs
required to be posted by (a) of this subsection. Means to
ensure employee comprehension may include the use of foreign
languages, pictographs, and graphics.
(6) Warning labels.
(a) Warning labels must be affixed to all products containing
asbestos including raw materials, mixtures, scrap, waste,
debris, and other products containing asbestos fibers, and
to their containers including waste containers. Installed
asbestos products must contain a visible label, except where
such a label would clearly not be feasible.
(b) Labels must be printed in large, bold letters on a contrasting
background.
(c) The labels must comply with the requirements of WAC 296-800-170,
and must include the following information:
DANGER
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD
AVOID BREATHING AIRBORNE ASBESTOS FIBERS
(7) The provisions for labels required by subsection (6)(a)
of this section or for material safety data sheets required
by subsection (8) of this section do not apply where:
(a) Asbestos fibers have been modified by a bonding agent,
coating, binder, or other material, provided that the manufacturer
can demonstrate that during any reasonably foreseeable use,
handling, storage, disposal, processing, or transportation,
no airborne concentrations of fibers of asbestos in excess
of the excursion limit will be released; or
(b) Asbestos is present in a product in concentrations less
than 1.0 percent by weight.
(8) Material safety data sheets. Employers who are manufacturers
or importers of asbestos, or asbestos products must comply with
the requirements regarding development of material safety data
sheets as specified in WAC 296-62-05413, except as provided
by subsection (7) of this section.
(9) When a building/vessel owner/or employer identifies previously
installed PACM and/or ACM, labels or signs must be affixed or
posted so that employees will be notified of what materials
contain PACM and/or ACM. The employer must 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
rooms/areas. Signs required by subsection (5)(a) of this section
may be posted in lieu of labels so long as they contain information
required for labeling. The employer must 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.
(a) Only certified asbestos workers may work on an asbestos
project as required in WAC 296-65-010 and 296-65-030.
(b) Only certified asbestos supervisors may supervise asbestos
abatement projects as required in WAC 296-65-012 and 296-65-030.
(c) In cases where certification requirements of chapter
296-65 WAC do not apply, all employees must be trained according
to the provisions of this section regardless of their exposure
levels.
(d) Certification is not required for asbestos work on materials
containing less than one percent asbestos.
(2) Training must be provided prior to or at the time of initial
assignment, unless the employee has received equivalent training
within the previous twelve months, and at least annually thereafter.
(3) Asbestos projects.
(a) Class I and must be considered an asbestos project. Only
certified asbestos workers may do this work.
(b) Only certified workers may conduct Class II asbestos
work that is considered an asbestos project.
(i) The following Class II asbestos work must be considered
asbestos projects:
(A) All Class II asbestos work where critical barriers,
equivalent isolation methods, or negative pressure enclosures
are required; or
(B) All Class II asbestos work where asbestos containing
materials do not stay intact (including removal of vinyl
asbestos floor (VAT) or roofing materials by mechanical
methods such as chipping, grinding, or sanding).
(ii) The following Class II asbestos work is not considered
an asbestos project and is excluded from asbestos worker
certification:
(A) All Class II asbestos work involving intact asbestos
containing materials (for example, intact roofing materials,
bituminous or asphalt pipeline coatings, and intact flooring/decking
materials);
(B) All Class II asbestos work of less than one square
foot of asbestos containing materials; or
(C) All Class II asbestos work involving asbestos-cement
water pipe when the work is done in accordance with training
approved by the department through the asbestos certification
program (see WAC 296-65-015(4)).
(iii) Asbestos work involving the removal of one square
foot or more of intact roofing materials by mechanical sawing
or heavy equipment must meet the following requirements:
(A) Only certified asbestos workers may conduct mechanical
sawing of intact roofing material;
(B) Noncertified asbestos workers may handle roofing
dust, material and debris;
(C) Operators of heavy equipment (such as track hoes
with clam shells and excavators) do not need to be certified
asbestos workers in the removal or demolition of intact
roofing materials.
(c) Only certified asbestos workers may conduct all Class
III and Class IV asbestos work that is considered an asbestos
project.
(i) The following asbestos work is considered an asbestos
project:
(A) All Class III asbestos work where one square foot
or more of asbestos containing materials that do not stay
intact;
(B) All Class IV asbestos work where one square foot
or more of asbestos containing materials that do not stay
intact; or
(C) All Class III and Class IV asbestos work with pipe
insulation.
(ii) Except for a project involving pipe insulation work,
any project involving only Class III or Class IV asbestos
work with less than one square foot of asbestos containing
materials is not considered an asbestos project.
(4) Training requirements for asbestos work that is not considered
an asbestos project or is excluded from asbestos worker certification.
(a) Class II asbestos work.
(i) Employers must provide eight-hours of training to employees
who perform asbestos work on one generic category of asbestos
containing materials (ACM). When performing asbestos work
in more than one category of asbestos containing materials,
additional training must be used to supplement the first
eight hour training course.
(ii) The training course must include:
Hands-on training that applies to the category of asbestos
containing materials,
Specific work practices and engineering controls related
to the category of asbestos containing materials present
as specified in WAC 296-62-07712, and
All the minimum elements of subsection (5) of this section.
(b) Class III asbestos work (maintenance and custodial work
in buildings containing asbestos containing materials).
(i) Employers must provide training with curriculum and
training methods equivalent to the 16-hour operations and
maintenance course developed by the EPA. (See 40 CFR 763.92(a)(2).)
For those employees whose only affected work is Class II
work as described in subsection (4)(a)(i) of this section,
employers must meet this 16-hour training requirement or
provide training that meets the eight hours Class II requirements
in subsection (4)(a) of this section.
(ii) Sixteen hours of training must include:
Hands-on training in the use of respiratory protection
and work practices, and
All the minimum elements of subsection (5) of this section.
(c) Class IV asbestos work (maintenance and custodial work
in buildings containing asbestos-containing materials).
(i) Employers must provide at least two hours of training
with curriculum and training methods equivalent to the awareness
training course developed by the EPA.
(ii) Training must include:
Available information concerning the location of PACM,
ACM, asbestos-containing flooring materials or flooring
materials where the absence of asbestos has not been certified,
Instruction on how to recognize damaged, deteriorated,
and delimitation of asbestos containing building materials,
and
All of the minimum elements of subsection (5) of this
section.
(5) The training program must be conducted in a manner which
the employee is able to understand. The employer must ensure
that each employee is informed of the following:
(a) The health effects associated with asbestos exposure;
(b) The relationship between smoking and exposure to asbestos
producing lung cancer;
(c) Methods of recognizing asbestos and quantity, location,
manner of use, release (including the requirements of WAC
296-62-07721 (1)(c) and (2)(b) to presume certain building
materials contain asbestos), and storage of asbestos and the
specific nature of operations which could result in exposure
to asbestos;
(d) The engineering controls and work practices associated
with the employee's job assignment;
(e) The specific procedures implemented to protect employees
from exposure to asbestos, such as appropriate work practices,
housekeeping procedures, hygiene facilities, decontamination
procedures, emergency and clean-up procedures (including where
Class III and IV work is performed, the contents “Managing
Asbestos In Place” (EPA 20T-2003, July 1990) or its
equivalent in content), personal protective equipment to be
used, waste disposal procedures, and any necessary instructions
in the use of these controls and procedures;
(f) The purpose, proper use, and limitations of protective
clothing;
(g) The purpose and a description of the medical surveillance
program required by WAC 296-62-07725;
(h) The content of this standard, including appendices;
(i) The names, addresses and phone numbers of public health
organizations which provide information, materials, and/or
conduct programs concerning smoking cessation. The employer
may distribute the list of such organizations contained in
Appendix I, to comply with this requirement;
(j) The requirements for posting signs and affixing labels
and the meaning of the required legends for such signs and
labels; and
(6) The employer must also provide, at no cost to employees
who perform housekeeping operations in a facility which contains
ACM or PACM, an asbestos awareness training course to all employees
who are or will work in areas where ACM and/or PACM is present
who work in buildings containing asbestos-containing materials,
which must, at a minimum, contain the following elements:
Health effects of asbestos,
Locations of ACM and PACM in the building/facility,
Recognition of ACM and PACM damage and deterioration,
Requirements in this standard relating to housekeeping,
and
Proper response to fiber release episodes.
Each such employee must be so trained at least once a year.
(7) Access to information and training materials.
(a) The employer must make a copy of this standard and its
appendices readily available without cost to all affected
employees.
(b) The employer must provide, upon request, all materials
relating to the employee information and training program
to the director.
(c) The employer must inform all employees concerning the
availability of self-help smoking cessation program material.
Upon employee request, the employer must distribute such material,
consisting of NIH Publication No. 89-1647, or equivalent self-help
material, which is approved or published by a public health
organization listed in Appendix I, WAC 296-62-07751.
(1) All surfaces shall be maintained as free as practicable
of accumulations of dusts and waste containing asbestos.
(2) All spills and sudden releases of material containing asbestos
shall be cleaned up as soon as possible.
(3) Surfaces contaminated with asbestos may not be cleaned
by the use of compressed air.
(4) Vacuuming. HEPA-filtered vacuuming equipment shall be used
for vacuuming. The equipment shall be used and emptied in a
manner which minimizes the reentry of asbestos into the workplace.
(5) Shoveling, dry sweeping, and dry clean-up of asbestos may
be used only where vacuuming and/or wet cleaning are not feasible.
(6) Waste disposal. Waste, scrap, debris, bags, containers,
equipment, and clothing contaminated with asbestos consigned
for disposal, shall be collected and disposed of in sealed impermeable
bags, or other closed, impermeable containers. To avoid breakage,
bags shall be at least six mils in thickness and shall not be
dragged or slid across rough or abrasive surfaces.
(7) Waste removal. Whenever a negative-pressure enclosure is
required by WAC 296-62-07712, the employer wherever feasible,
shall establish a waste-load-out area that is adjacent and connected
to the negative-pressure enclosure, constructed of a two chamber
air lock, for the decontamination and removal of asbestos debris.
(8) Deterioration. Asbestos and asbestos containing material
which has become damaged or deteriorated shall be repaired,
enclosed, encapsulated, or removed.
(9) Care of asbestos-containing flooring/decking material.
(a) Sanding of asbestos-containing floor/deck material is
prohibited.
(b) Stripping of finishes shall be conducted using low abrasion
pads at speeds lower than 300 rpm and wet methods.
(c) Burnishing or dry buffing may be performed only on asbestos-containing
flooring/decking which has sufficient finish so that the pad
cannot contact the asbestos-containing material.
(d) Dust and debris in an area containing TSI or surfacing
ACM/PACM or visibly deteriorated ACM, shall not be dusted
or swept dry, or vacuumed without using a HEPA filter.
(10) Waste and debris and accompanying dust in an area containing
accessible thermal system insulation or surfacing material or
visibly deteriorated ACM:
(a) Shall not be dusted or swept dry, or vacuumed without
using a HEPA filter;
(b) Shall be promptly cleaned up and disposed of in leak
tight containers.
(a) Employees covered. The employer shall institute a medical
surveillance program for all employees who are or will be
exposed to airborne concentrations of fibers of asbestos at
or above the permissible exposure limits. Exception.
Employers in the construction or shipyard industries 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 the
permissible exposure limit for combined 30 days or more per
year; or who are required by the standard to wear negative
pressure respirators. For the purpose of this subsection,
any day in which an employee engaged in Class II or III work
or a combination thereof for one hour or less (taking into
account the entire time spent on the removal operation, including
cleanup), and, while doing so adheres to the work practices
specified in this standard, shall not be counted.
(b) Examination by a physician.
(i) The employer shall ensure that all medical examinations
and procedures are performed by or under the supervision
of a licensed physician, and shall be provided without cost
to the employee and at a reasonable time and place.
(ii) Persons other than licensed physicians, who administer
the pulmonary function testing required by this section,
shall complete a training course in spirometry sponsored
by an appropriate academic or professional institution.
(2) Preplacement examinations.
(a) Except as provided by WAC 296-62-07725 (1)(a), before
an employee is assigned to an occupation exposed to airborne
concentrations of asbestos, a preplacement medical examination
shall be provided or made available by the employer. Examinations
administered using the thirty or more days per year criteria
of WAC 296-62-07725 (1)(a) shall be given within ten working
days following the thirtieth day of exposure. Examinations
must be given prior to assignment of employees to areas where
negative-pressure respirators are worn.
(b) All examinations shall include, as a minimum, a medical
and work history: A complete physical examination of all systems
with special emphasis on the pulmonary, cardiovascular, and
gastrointestinal systems; completion of the respiratory disease
standardized questionnaire in WAC 296-62-07741, Appendix D,
Part 1; a chest roentgenogram (posterior-anterior 14x17 inches);
pulmonary function tests to include forced vital capacity
(FVC) and forced expiratory volume at 1 second (FEV1.0); and
any additional tests deemed appropriate by the examining physician.
Interpretation and classification of chest roentgenograms
shall be conducted in accordance with WAC 296-62-07743, Appendix
E.
(3) Periodic examinations.
(a) Periodic medical examinations shall be made available
annually.
(b) The scope of the medical examination shall be in conformance
with the protocol established in subsection (2)(b) of this
section, except that the frequency of chest roentgenograms
shall be conducted in accordance with Table 2 of this section,
and the abbreviated standardized questionnaire contained in
WAC 296-62-07741, Appendix D, Part 2, shall be administered
to the employee.
TABLE 2--FREQUENCY OF CHEST ROENTGENOGRAMS
Year
since first exposure
Age
of employee
15 to
35
35+
to 45
45+
0 to
10
Every
5 years
Every
5 years
Every
5 years
10+
Every
5 years
Every
2 years
Every
1 year
(c) If the examining physician determines that any of the
examinations should be provided more frequently than specified,
the employer shall provide such examinations to affected employees
at the frequencies specified by the physician.
(4) Termination of employment examinations.
(a) The employer shall provide, or make available, a termination
of employment medical examination for any employee who has
been exposed to airborne concentrations of fibers of asbestos
at or above the permissible exposure limits.
(b) The medical examination shall be in accordance with the
requirements of the periodic examinations stipulated in subsection
(3) of this section, and shall be given within thirty calendar
days before or after the date of termination of employment.
(5) Recent examinations. No medical examination is required
of any employee, if adequate records show that the employee
has been examined in accordance with subsection (2), (3), or
(4) of this section within the past one-year period.
(6) Information provided to the physician. The employer shall
provide the following information to the examining physician:
(a) A copy of this standard and Appendices D, E, and H of
WAC 296-62-07741, 296-62-07743, and 296-62-07749 respectively.
(b) A description of the affected employee's duties as they
relate to the employee's exposure.
(c) The employee's representative exposure level or anticipated
exposure level.
(d) A description of any personal protective and respiratory
equipment used or to be used.
(e) Information from previous medical examinations of the
affected employee that is not otherwise available to the examining
physician.
(7) Physician's written opinion.
(a) The employer shall obtain a written opinion from the
examining physician. This written opinion shall contain the
results of the medical examination and shall include:
(i) The physician's opinion as to whether the employee
has any detected medical conditions that would place the
employee at an increased risk of material health impairment
from exposure to asbestos;
(ii) Any recommended limitations on the employee or upon
the use of personal protective equipment such as clothing
or respirators;
(iii) A statement that the employee has been informed by
the physician of the results of the medical examination
and of any medical conditions resulting from asbestos exposure
that require further explanation or treatment; and
(iv) A statement that the employee has been informed by
the physician of the increased risk of lung cancer attributable
to the combined effect of smoking and asbestos exposure.
(b) The employer shall instruct the physician not to reveal
in the written opinion given to the employer specific findings
or diagnoses unrelated to occupational exposure to asbestos.
(c) The employer shall provide a copy of the physician's
written opinion to the affected employee within thirty days
from its receipt.
(a) The employer shall keep an accurate record of all measurements
taken to monitor employee exposure to asbestos as prescribed
in WAC 296-62-07709.
(b) This record shall include at least the following information:
(i) Name of employer;
(ii) Name of person conducting monitoring;
(iii) The date of measurement;
(iv) Address of operation or activity;
(v) Description of the operation or activity involving
exposure to asbestos that is being monitored;
(vi) Personal or area sample;
(vii) Name, Social Security number, and exposure level
of the employees whose exposures are represented;
(viii) Type of protective devices worn, if any;
(ix) Pump calibration date and flow rate;
(x) Total volume of air sampled;
(xi) Name and address of analytical laboratory;
(xii) Number, duration, and results (f/cc) of samples taken;
(xiii) Date of analysis; and
(xiv) Sampling and analytical methods used and evidence
of their accuracy.
(c) The employer shall maintain this record for the duration
of employment plus thirty years, in accordance with chapter
296-802 WAC.
(2) Objective data for exempted operations.
(a) Where the processing, use, or handling of products made
from or containing asbestos is exempted from other requirements
of this section under WAC 296-62-07709 (2)(a)(iii) and (3)(b)(i),
the employer shall establish and maintain an accurate record
of objective data reasonably relied upon in support of the
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