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In the 1985 ANPR, OSHA requested comments on the coverage of nuisance particulates. true warrious black panther watercolor poster Under the HCS, all chemicals for which OSHA has a standard,

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recommendations for control of the exposures to the material. There were concerns raised about the potential irritant effects of the dusts still being covered (Exs. 11-7, 11-51). true warrious black panther watercolor poster If a properly conducted hazard evaluation indicates the potential to cause eye irritation, that is a covered hazard and the chemical would not be exempted as a nuisance particulate. Similarly, one commenter said that dusts which exhibit effects at high concentrations should not be exempted (Ex. ). The hazard evaluation process for nuisance particulates is not any different than for any other chemical. If the dust does not meet the definition of hazard , it is not covered. Evaluation of the hazards of the dusts is to be done by the producer of the material. Again, dusts are not different from

any other material under the rule in terms of hazard evaluation (Ex. ). One commenter also stated that the exemption will discourage rigorous testing (Ex. 11-58). OSHA is not sure why this would be the case, particularly since it has been our understanding that many companies have undertaken more testing since the HCS was promulgated to help ensure that better information is available. In the 1988 NPRM, OSHA proposed to exempt nuisance particulates which did not meet any of the definitions of health or physical hazards under the rule. Most participants who commented on this change supported the exemption (see, e.g., Exs. 11-40, 11-50, 11-56, 11-90, , , and ). However, it was suggested that the exemption was too limited (Ex. ). This does not appear to OSHA to be true since the dusts are being treated in the same manner as any other type of chemical would be. Nuisance particulates.