ASBESTOS

At intervals not greater than every twelve (12) months, the Agency shall conduct an inspection of Asbestos Containing Materials (ACM), or Presumed Asbestos Containing Materials (PACM), whether exposed or contained internally in the construction of the facility. Air sampling may be necessary if the ACM has deteriorated to the point that it may present an airborne asbestos hazard. Upon request, the Principal Facility Representative, or his/her designee, shall be allowed to observe any inspection and testing. The Principal Facility Representative, or his/her designee, shall receive a written copy of the test results. All testing shall be conducted by a qualified Occupational Safety and Health (OSH) professional experienced in asbestos/air quality monitoring. The Union, at its own expense, may designate an Industrial Hygienist to observe all air monitoring activities conducted by the Agency's qualified OSH professional.

In the event that a facility is planning a construction project that may cause the release of airborne asbestos fibers in areas frequented by bargaining unit employees, the Principal Facility Representative, or his/her designee, shall be given a pre- and post-briefing on the construction project and be permitted to participate in all abatement project meetings that may impact bargaining unit employees. Additionally, the Principal Facility Representative will be permitted to attend any management briefings at the facility concerning air sampling and monitoring information. The Parties at the local level will collaborate on the development of a project-specific contingency plan for construction projects, when necessary.

If, during the construction project, there is a release of airborne asbestos fibers, the Principal Facility Representative, or his/her designee, shall be immediately notified, will receive periodic progress reviews as appropriate, and will be provided copies of all documents concerning the release. Upon request, the Principal Facility Representative shall be given an explanation of these reports. In addition, the Union may appoint a representative on each shift to receive copies of all air monitoring reports as soon as they can be made available. Upon request, the Union’s Industrial Hygienist shall be permitted to attend meetings under this Section.

The objectives of air monitoring by the Agency in connection with construction projects which may cause the release of airborne asbestos fibers are as follows:

a. to establish baseline fiber levels in affected occupied space;

b. to determine if fiber levels above established baseline levels are present in these occupied spaces; and

c. to determine if correlations exist between routine activities and any increase above baseline.

Baseline fiber levels at each facility shall be established by the Agency in consultation with the Union’s Certified Industrial Hygienist.

The Agency will make every effort to ensure a safe working environment. However, in any release of airborne asbestos fibers or if Agency-conducted air monitoring indicates fiber levels can reasonably be expected to meet or exceed the OSHA permissible exposure limits, employees in affected occupied spaces will be evacuated from those spaces as soon as operational conditions permit.

Any evidence of visible release or airborne asbestos contamination, in excess of FAA/OSHA safety limits, shall result in immediate control steps by the Agency to abate the hazard caused by the asbestos. The Agency shall retain an asbestos abatement contractor as soon as possible.

The Agency and all abatement contractors hired must comply with all applicable OSHA, EPA, FAA, local, and state regulations regarding asbestos. Contractors directly involved in the abatement process must be certified by their local and state governments.

If protection measures will not provide adequate protection of occupants, the Agency will relocate bargaining unit employees outside of the affected work area while asbestos removal or renovation work is being done. This includes any work where asbestos may be disturbed due to construction activity.

In the event that relocation is not required/possible, the abatement contractor will seal off the abatement area, when required, with a negative pressure enclosure. When negative pressure enclosures are used, the contractor will ensure and maintain negative pressure at all times.

Decontamination facilities will be provided for all abatement workers and strict decontamination procedures will be enforced to ensure that workers cannot bring asbestos outside of the enclosure.

At least once annually and before any major renovation or removal project in their workplace, bargaining unit employees who work in facilities known to contain asbestos will receive asbestos awareness training.

The contractor, who should be an independent Certified Industrial Hygienist (CIH), will be required by the Agency to take continuous air samples by Phase Contrast Microscopy (PCM) both inside and outside the containment for Class I and Class II asbestos abatement projects as defined in 29 CFR 1926.1101. Sample results will be posted the day they are received. All data and reports from the laboratory will be shared with the Union as soon as they are received. Representative personal monitoring shall also be conducted in accordance with the project-specific contingency plan or model Facility Asbestos Abatement Contingency Plan (FAACP) on at least one (1) employee in areas occupied by bargaining unit employees. Due to the potential noise level of the monitor and its associated distractions, any bargaining unit employee who volunteers to wear the monitor shall, if staffing and workload permits, be assigned to a non-control position for the period in which such monitoring occurs.

The abatement area cannot be reoccupied until it has passed a visual inspection and met a clearance air sampling criteria (e.g. by PCM or Transmission Electron Microscopy [TEM]) in accordance with applicable regulations. For asbestos-containing floor tile abatement projects, the clearance methodology must be TEM/Asbestos Hazard Emergency Response Act (AHERA) protocol. Unless it can be established with certainty that floor tiles are non-asbestos containing, bulk sampling by TEM must be used.

The Union, at its own expense, may designate an Industrial Hygienist to observe the work of the abatement contractor.

Upon request, the Union will be given the air sampling slides for validation by an accredited laboratory, either on- or off-site. These materials will be returned to the Agency with a written chain-of-custody record covering the period during which they were outside the possession of the Agency. Upon request, the Union's Industrial Hygienist will be given the opportunity to validate, through an accredited laboratory, any air samples collected by the Agency. The Union's Industrial Hygienist will be allowed to perform side-by-side TEM air monitoring on a random basis, on days and times to be determined by the Union, at the Union's expense. The Parties will exchange copies of all reports, records, memoranda, notes, and other documents prepared by the Agency, the Agency's contractor, the Union, the Union's Industrial Hygienist, and the Union's accredited laboratory. The Union will give the Agency advance notice of visits by its Industrial Hygienist.

Bargaining unit employees who have been exposed to asbestos levels equal to or greater than OSHA permissible exposure limits shall be eligible for medical surveillance programs paid for by the Agency, in accordance with OSHA standards and Agency directives.

The Agency recognizes its obligation to comply with the requirements of 29 CFR in connection with all facets of asbestos abatement operations. Asbestos abatement will comply with OSHA Standards 1910 and 1926, FAA Order 3900.19, appropriate Agency directives, and the appropriate contingency plan(s).