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Letter to Judge on questions concerning asbestos-containing brake parts used on motor vehicles

February 10, 2004

The Honorable Patty Murray
United States Senate
Washington, D.C. 20510-4704

Dear Senator Murray:

Thank you for your November 4, 2003 letter to the Occupational Safety and Health Administration (OSHA). You are requesting answers for a set of five questions you have concerning asbestos-containing brake parts used on motor vehicles. Your questions numbered 1 and 5 are specifically related to the U.S. Environmental Protection Agency (EPA) and cannot be answered by OSHA. The remainder of your questions are answered below. This letter constitutes OSHA's perspective only on the matters discussed and may not be applicable to any question not delineated within your original correspondence.

Question 2: What is the most current EPA and OSHA information on the risks from asbestos exposure faced by auto mechanics working on brake maintenance? If current information is available, is it based on data from small, privately-owned facilities? If current information is not available, why have the agencies failed to collect such information?

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Response: Much of OSHA's current information on the risks from asbestos exposure faced by auto mechanics working on brake maintenance comes from studies conducted by its sister agency, the National Institute for Occupational Safety and Health (NIOSH).1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 OSHA relies on NIOSH for much of the research work it requires for carrying out its mission. The NIOSH studies indicate that brake mechanics' exposures to asbestos from brakes at various facilities, including small, privately-owned facilities, have characteristically been below the currently applicable OSHA permissible exposure limits (PELs) for asbestos. These studies were conducted at brake service centers that performed from 2 to 45 brake jobs per week.

In addition, NIOSH has conducted studies to evaluate dust control technologies such as those the OSHA general industry asbestos standard requires at 29 CFR 1910.1001(f)(3) (e.g., HEPA filter-equipped vacuum enclosures). The use of the engineering controls has resulted in a 10-fold decrease in asbestos exposures to brake mechanics.

OSHA also has knowledge of an article that presents a historical analysis of published data regarding the exposure of brake mechanics to asbestos as a result of doing brake work. Likewise, these data indicate that the exposures to asbestos have typically been below current OSHA asbestos PELs. (See "An Evaluation of the Historical Exposures of Mechanics to Asbestos in Brake Dust" by Paustenbach, D.J. et al. in Applied Occupational and Environmental Hygiene, 18: 786-804, October, 2003.)

Question 3: What is known about the extent to which imported brake parts containing asbestos comply with the requirements for warning labeling? This is a particular concern because imported brake parts appear to have increased in volume by one-third over the past 2 years.

Response: OSHA has not investigated the extent to which imported brake parts containing asbestos comply with the requirements for warning labeling. However, an importer's failure to label products containing asbestos fibers generally constitutes a violation of 29 CFR 1910.1001(j)(4)(i). Pursuant to 29 CFR 1910.1001(j)(4)(ii), the labels must comply with the requirements of 29 CFR 1910.1200(f) of OSHA's hazard communication standard. The hazard communication standard requires importers, among others, to ensure that the parts themselves and their packaging are labeled with the identity of hazardous chemical(s), the appropriate hazard warnings including affected target organs, and the name and address of the importer, among others.

Moreover, pursuant to 29 CFR 1910.1001(j)(4)(ii), the labels must have the following information:

DANGER
CONTAINS ASBESTOS FIBERS, AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD