WSR 07-06-005

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed February 22, 2007, 10:59 a.m. , effective April 1, 2007 ]


     Effective Date of Rule: April 1, 2007.

     Purpose: The following sections were amended to correct references to chapter 296-841 WAC: WAC 296-848-20060 Exposure evaluations, 296-848-40020 Exposure controls, 296-855-20050 Exposure evaluations, and 296-855-40030 Exposure controls.

     Citation of Existing Rules Affected by this Order: Amending WAC 296-848-20060 Exposure evaluations, 296-848-40020 Exposure controls, 296-855-20050 Exposure evaluations, and 296-855-40030 Exposure controls.

     Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060.

      Adopted under notice filed as WSR 07-01-079 on December 19, 2007 [2006].

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 4, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: February 22, 2007.

Judy Schurke

Acting Director

OTS-9407.1


AMENDATORY SECTION(Amending WSR 05-17-168, filed 8/23/05, effective 1/1/06)

WAC 296-855-20050   Exposure evaluations.  

     IMPORTANT:

     This section applies when there is a potential for airborne exposure to ethylene oxide (EtO) in your workplace.

     When you conduct an exposure evaluation in a workplace where an employee uses a respirator, the protection provided by the respirator is not considered.

     Following this section will also meet the requirements to identify and evaluate respiratory hazards found in ((another chapter, Respiratory hazards,)) chapter 296-841 WAC, Airborne contaminants.

     You must:

     • Conduct an employee exposure evaluation to accurately determine airborne concentrations of EtO by completing Steps one through seven of the exposure evaluation process, each time any of the following apply:

     – No evaluation has been conducted.

     – Changes have occurred in any of the following areas that may result in new or increased employee exposures:

     &sqbul; Production.

     &sqbul; Processes.

     &sqbul; Personnel.

     &sqbul; Exposure controls such as ventilation systems or work practices.

     – You have any reason to suspect new or increased employee exposure may occur.

     • Provide affected employees and their designated representatives an opportunity to observe any exposure monitoring during Step six of the exposure evaluation process.

     • Make sure observers entering areas with EtO exposure:

     – Are provided with and use the same protective clothing, respirators, and other personal protective equipment (PPE) that employees working in the area are required to use;

     AND

     – Follow all safety and health requirements that apply.

     Exposure evaluation process

Step one: Identify all employees who have potential exposure to airborne ethylene oxide (EtO) in your workplace.
Step two: Identify operations where employee exposures could exceed EtO's fifteen-minute short-term exposure limit (STEL) of five parts per million (ppm).
Step three: Select employees from those working in the operations you identified in Step two who will have their STEL exposures measured.
Step four: Select employees from those identified in Step one who will have their eight-hour exposures monitored.
• Make sure the exposures of the employees selected represent eight-hour exposures for all employees identified in Step one including each job classification, work area, and shift.
• If you expect all employee exposures to be below the action level (AL), you can choose to limit your selection to those employees reasonably believed to have the highest exposures. If you find these employees' exposure to be above the AL, then you'll need to repeat Step four to represent all employees identified in Step one.

Note: You can use Steps three through six of this process to create a written description of the procedure used for obtaining representative employee exposure monitoring results, which is a requirement in Exposure records, WAC 296-855-20070.
Exemption: • You can skip Steps four through seven if you have documentation conclusively demonstrating that employee exposure for a particular material and the operation where it's used, cannot exceed the AL or STEL during any conditions reasonably anticipated.
• Such documentation can be based on observations, data, calculations, and previous air monitoring results. Previous air monitoring results:
– Must meet the accuracy required by Step five.
– May be from outside sources, such as industry or labor studies.
– Must be based on data that represents conditions being evaluated in your workplace.

Step five: Determine how you will obtain accurate employee exposure monitoring results. Select and use an air monitoring method with a confidence level of ninety-five percent, that's accurate to:
• ±twenty-five percent when concentrations are potentially above the AL or eight-hour time-weighted average of one part per million (ppm).
• ±thirty-five percent when concentrations are potentially above the AL of 0.5 ppm or the STEL of five ppm.

Note: Here are examples of air monitoring methods that meet this accuracy requirement:
• OSHA Method thirty found by going to: http://www.osha.gov/dts/sltc/methods/toc.html.
• NIOSH Method thirty eight hundred found by going to: http://www.cdc.gov./niosh/homepage.html and linking to the NIOSH Manual of analytical methods.

Step six: Obtain employee monitoring results by collecting air samples representing employees identified in Steps three and four.
• Collect STEL samples for employees and operations selected in Step three.
• Collect samples representing the eight-hour exposure, for at least one shift, for each employee selected in Step four.
• Make sure samples are collected from each selected employee's breathing zone.

Note: • You may use any sampling method that meets the accuracy specified in Step five. Examples of these methods include:
– Real-time monitors that provide immediate exposure monitoring results.
– Equipment that collects samples that are sent to a laboratory for analysis.
• The following are examples of methods for collecting samples representative of eight-hour exposures.
– Collect one or more continuous samples, such as a single eight-hour sample or four two-hour samples.
– Take a minimum of five brief samples, such as five fifteen-minute samples, during a work shift at randomly selected times.
• For work shifts longer than eight hours, monitor the continuous eight-hour portion of the shift expected to have the highest average exposure concentration.

Step seven: Have the samples you collected analyzed to obtain monitoring results for eight-hour and STEL exposures.
• Determine if employee exposure monitoring results are above or below the following values:
– Eight-hour time-weighted average (TWA8) of one ppm.
– Fifteen-minute short-term exposure limit (STEL) of five ppm.
– Eight-hour action level (AL) of 0.5 ppm.

Note: • You may contact your local WISHA consultant for help:
– Interpreting data or other information.
– Determining eight-hour or fifteen-minute employee exposure monitoring results.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-17-168, § 296-855-20050, filed 8/23/05, effective 1/1/06.]


AMENDATORY SECTION(Amending WSR 05-17-168, filed 8/23/05, effective 1/1/06)

WAC 296-855-40030   Exposure controls.  

     IMPORTANT:

     The use of an employee rotation schedule to control employee exposure to ethylene oxide (EtO) is prohibited.

     Respirators and other personal protective equipment (PPE) are not exposure controls.

     You must:

     • Use feasible exposure controls to:

     – Reduce exposure to, or below, the permissible exposure limit (PELs);

     OR

     – To reduce exposure to the lowest achievable level above the PELs.


((Reference: Go to another chapter, Respiratory hazards, chapter 296-841 WAC for additional information on employee exposure controls.))

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-17-168, § 296-855-40030, filed 8/23/05, effective 1/1/06.]

OTS-9405.1


AMENDATORY SECTION(Amending WSR 05-01-173, filed 12/21/04, effective 5/1/05)

WAC 296-848-20060   Exposure evaluations.  

     IMPORTANT:

     • This section applies when workplace operations create potential airborne exposure to inorganic arsenic.

     • When you conduct an exposure evaluation in a workplace where an employee uses a respirator, the protection provided by the respirator is not considered.

     • Following this section will fulfill the requirements to identify and evaluate respiratory hazards found in ((another chapter, Respiratory hazards,)) chapter 296-841 WAC, Airborne contaminants.

     You must:

     (1) Conduct an employee exposure evaluation to accurately determine airborne concentrations of inorganic arsenic by completing Steps 1 through 5 of the Exposure Evaluation Process, each time any of the following apply:

     • No evaluation has been conducted.

     • Changes have occurred in any of the following areas that may result in new or increased exposures:

     – Production.

     – Processes.

     – Exposure controls such as ventilation systems or work practices.

     – Personnel.

     • You have any reason to suspect new or increased exposure may occur.

     (2) Provide affected employees and their designated representatives an opportunity to observe exposure monitoring during Step 4 of the Exposure Evaluation Process.

     • Make sure observers do not interfere with exposure measurements.

     • Make sure observers are entitled to:

     – An explanation of your exposure measurement and monitoring procedures;

     – Observe all tasks of exposure measurement performed at the workplace;

     AND

     – Receive a copy of the exposure measurement results when you obtain them; or are allowed to record the exposure measurement results, if made during observations.

     • Make sure observers who enter areas with inorganic arsenic exposure:

     – Are provided with and use the same protective clothing, respirators, and other personal protective equipment (PPE) that employees working in the area are required to use;

     AND

     – Follow safety and health requirements that apply.

     Exposure Evaluation Process

     IMPORTANT:

     Following the Exposure Evaluation Process is not necessary when you have documentation conclusively demonstrating inorganic arsenic exposures for a particular operation and material, cannot exceed the action level (AL) during any conditions reasonably anticipated. Documentation can be based on quantitative information such as soil test results OR qualitative information such as observations of how inorganic arsenic-containing materials are handled.

     – Retain this documentation for as long as you rely on it.

     Step 1: Identify all employees who have potential airborne exposure to inorganic arsenic in your workplace.

     Step 2: Select employees from those identified in Step 1 who will have their eight-hour exposures monitored.

     • Make sure the exposures of the employees selected represent eight-hour exposures for all employees identified in Step 1, including each job classification, work area, and shift.

Note: • A written description of the procedure used for obtaining representative employee exposure monitoring results needs to be kept as part of your exposure records required by this chapter in Exposure records, WAC 296-848-20090. This description can be created while completing Steps 2 through 4 of this exposure evaluation process.
     Step 3: Determine how you'll obtain employee exposure monitoring results.

     • Select and use a method that meets the following criteria for accuracy:

     – ±25%, with a confidence level of 95%, when concentrations are potentially at or above an eight-hour time-weighted average of 10 micrograms per cubic meter (µg/m3);

     OR

     – ±35%, with a confidence level of 95%, when concentrations are potentially between the eight-hour time-weighted averages of 5 ΅g/m3 and 10 ΅g/m3.

Note: • Here are examples of methods that meet this accuracy requirement:
– OSHA Method ID105 found by going to http://www.osha.gov/dts/sltc/methods/toc.html.
– NIOSH method 7901 found by going to http://www.cdc.gov/niosh/homepage.html and linking to the NIOSH Manual of Analytical Methods.
     Step 4: Obtain employee exposure monitoring results by collecting air samples representing employees identified in Step 1.

     • Sample at least one shift representative of the eight-hour exposure, for each employee selected in Step 2.

     • Make sure samples are collected from each selected employee's breathing zone.

Note: • You may use any sampling method that meets the accuracies specified in Step 3. Examples of these methods include:
– Real-time monitors that provide immediate exposure monitoring results.
– Equipment that collects samples that are sent to a laboratory for analysis.
• The following are examples of methods for collecting samples representative of eight-hour exposures.
– Collect one or more continuous samples, for example, a single eight-hour sample or four two-hour samples.
– Take a minimum of 4 to 7 brief samples, such as fifteen-minute samples, during the work shift and at times selected randomly.
• For work shifts longer than eight hours, monitor the continuous eight-hour portion of the shift expected to have the highest average exposure concentration.
     Step 5: Have the samples you collected analyzed to obtain monitoring results representing eight-hour exposures.

     • Go to the Scope of this chapter, WAC 296-848-100, and compare employee exposure monitoring results to the values found in Step 1 and follow Step 2 to determine if additional sections of this chapter apply.

Note: • You may contact your local WISHA consultant for help:
– Interpreting data or other information.
– Determining eight-hour employee exposure monitoring results.
• To contact a WISHA consultant:
– Go to the Safety and health core rules, chapter 296-800 WAC;
AND
– Find the Resources section, and under "Other Resources," find Service Locations for Labor and Industries.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-01-173, § 296-848-20060, filed 12/21/04, effective 5/1/05.]


AMENDATORY SECTION(Amending WSR 05-01-173, filed 12/21/04, effective 5/1/05)

WAC 296-848-40020   Exposure controls.  

     IMPORTANT:

     • Use of employee rotation to control exposures is not advisable since inorganic arsenic is a known carcinogen.

     • Respirators and other personal protective equipment (PPE) do not substitute for feasible exposure controls.

     You must:

     • Use feasible exposure controls to reduce exposures to or below the permissible exposure limit (PEL), or as low as achievable.

((Reference: To see examples of exposure controls go to Respiratory hazards, chapter 296-841 WAC, and find Table 1 in the section, Control employee exposure, WAC 296-848-20010.))

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060. 05-01-173, § 296-848-40020, filed 12/21/04, effective 5/1/05.]

© Washington State Code Reviser's Office