OSHA’s long-delayed fact sheet

OSHA was criticized for its poor record of enforcement by Congressman Kucinich (OSHA’s Failure to Monitor and Enforce Asbestos Regulations in Auto Repair Shops, Feb. 2004). And when Sen. Murray suggested that OSHA monitor the imports of these products from Brazil, China, Colombia, Brazil, and Canada, she was told, "OSHA is not contemplating a warning label survey." (John Henshaw, OSHA Administrator, letter to Sen. Murray, Aug. 31, 2004)

OSHA did post a long-delayed fact sheet on its Web site on July 26, 2006, explaining the mandatory appendix of the current (1994) OSHA asbestos standard applicable to mechanics doing brake and clutch repair.

This was immediately challenged by former OSHA chief John Henshaw, urging his former subordinates at OSHA to retract the fact sheet and possibly redo it with additional references included. Henshaw threatened that OSHA could be hit with a data quality challenge, the same tactic that had been used to press EPA to withdraw its published brake asbestos guidance document in 2003 (explained below). Henshaw’s call precipitated a conference at OSHA that same day, including his successor, Edwin G. Foulke, Jr.

In the flurry that followed, OSHA scientist Daniel Crane was among those who did a technical review of the fact sheet. He noted that, in issuing the 1986 asbestos standard, OSHA had relied on NIOSH data showing that asbestos exposures of mechanics exceeded the current permissible exposure limit. "OSHA has no reason to believe that the nature of dust generated in the repair of asbestos-containing brakes has changed since that time." (Aug. 26, 2006)