(1) Scope and application.
(a) This section applies to all occupational exposure to acrylonitrile (AN), Chemical Abstracts Service Registry No. 000107131, except as provided in (b) and (c) of this subsection.
(b) This section does not apply to exposures which result solely from the processing, use, and handling of the following materials:
(i) ABS resins, SAN resins, nitrile barrier resins, solid nitrile elastomers, and acrylic and modacrylic fibers, when these listed materials are in the form of finished polymers, and products fabricated from such finished polymers;
(ii) Materials made from and/or containing AN for which objective data is reasonably relied upon to demonstrate that the material is not capable of releasing AN in airborne concentrations in excess of 1 ppm as an eight-hour time-weighted average, under the expected conditions of processing, use, and handling which will cause the greatest possible release; and
(iii) Solid materials made from and/or containing AN which will not be heated above 170°F during handling, use, or processing.
(c) An employer relying upon exemption under (1)(b)(ii) must maintain records of the objective data supporting that exemption, and of the basis of the employer's reliance on the data as provided in subsection (17) of this section.
(2) Definitions, as applicable to this section:
(a) Acrylonitrile or AN. Acrylonitrile monomer, chemical formula CH2=CHCN.
(b) Action level. A concentration of AN of 1 ppm as an eight-hour time-weighted average.
(c) Authorized person. Any person specifically authorized by the employer whose duties require the person to enter a regulated area, or any person entering such an area as a designated representative of employees for the purpose of exercising the opportunity to observe monitoring procedures under subsection (18) of this section.
(d) Decontamination. Treatment of materials and surfaces by water washdown, ventilation, or other means, to ensure that the materials will not expose employees to airborne concentrations of AN above 1 ppm as an eight-hour time-weighted average.
(e) Director. The director of labor and industries, or their authorized representative.
(f) Emergency. Any occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment, which is likely to, or does, result in unexpected exposure to AN in excess of the ceiling limit.
(g) Liquid AN. AN monomer in liquid form, and liquid or semiliquid polymer intermediates, including slurries, suspensions, emulsions, and solutions, produced during the polymerization of AN.
(h) Polyacrylonitrile or PAN. Polyacrylonitrile homopolymers or copolymers, except for materials as exempted under subsection (1)(b) of this section.
(3) Permissible exposure limits.
(a) Inhalation.
(i) Time-weighted average limit (TWA). The employer must ensure that no employee is exposed to an airborne concentration of acrylonitrile in excess of two parts acrylonitrile per million parts of air (2 ppm), as an eight-hour time-weighted average.
(ii) Ceiling limit. The employer must ensure that no employee is exposed to an airborne concentration of acrylonitrile in excess of 10 ppm as averaged over any fifteen-minute period during the working day.
(b) Dermal and eye exposure. The employer must ensure that no employee is exposed to skin contact or eye contact with liquid AN or PAN.
(4) Notification of use and emergencies.
(a) Use. Within ten days of the effective date of this standard, or within fifteen days following the introduction of AN into the workplace, every employer must report, unless he has done so pursuant to the emergency temporary standard, the following information to the director for each such workplace:
(i) The address and location of each workplace in which AN is present;
(ii) A brief description of each process of operation which may result in employee exposure to AN;
(iii) The number of employees engaged in each process or operation who may be exposed to AN and an estimate of the frequency and degree of exposure that occurs; and
(iv) A brief description of the employer's safety and health program as it relates to limitation of employee exposure to AN. Whenever there has been a significant change in the information required by this subsection, the employer must promptly amend such information previously provided to the director.
(b) Emergencies and remedial action. Emergencies, and the facts obtainable at that time, must be reported within twenty-four hours of the initial occurrence to the director. Upon request of the director, the employer must submit additional information in writing relevant to the nature and extent of employee exposures and measures taken to prevent future emergencies of a similar nature.
(5) Exposure monitoring.
(a) General.
(i) Determinations of airborne exposure levels must be made from air samples that are representative of each employee's exposure to AN over an eight-hour period.
(ii) For the purposes of this section, employee exposure is that which would occur if the employee were not using a respirator.
(b) Initial monitoring. Each employer who has a place of employment in which AN is present must monitor each such workplace and work operation to accurately determine the airborne concentrations of AN to which employees may be exposed. Such monitoring may be done on a representative basis, provided that the employer can demonstrate that the determinations are representative of employee exposures.
(c) Frequency.
(i) If the monitoring required by this section reveals employee exposure to be below the action level, the employer may discontinue monitoring for that employee. The employer must continue these quarterly measurements until at least two consecutive measurements taken at least seven days apart, are below the action level, and thereafter the employer may discontinue monitoring for that employee.
(ii) If the monitoring required by this section reveals employee exposure to be at or above the action level but below the permissible exposure limits, the employer must repeat such monitoring for each such employee at least quarterly.
(iii) If the monitoring required by this section reveals employee exposure to be in excess of the permissible exposure limits, the employer must repeat these determinations for each such employee at least monthly. The employer must continue these monthly measurements until at least two consecutive measurements, taken at least seven days apart, are below the permissible exposure limits, and thereafter the employer must monitor at least quarterly.
(d) Additional monitoring. Whenever there has been a production, process, control or personnel change which may result in new or additional exposure to AN, or whenever the employer has any other reason to suspect a change which may result in new or additional exposures to AN, additional monitoring which complies with this subsection must be conducted.
(e) Employee notification.
(i) Within five working days after the receipt of monitoring results, the employer must notify each employee in writing of the results which represent that employee's exposure.
(ii) Whenever the results indicate that the representative employee exposure exceeds the permissible exposure limits, the employer must include in the written notice a statement that the permissible exposure limits were exceeded and a description of the corrective action being taken to reduce exposure to or below the permissible exposure limits.
(f) Accuracy of measurement. The method of measurement of employee exposures must be accurate, to a confidence level of ninety-five percent, to within plus or minus twenty-five percent for concentrations of AN at or above the permissible exposure limits, and plus or minus thirty-five percent for concentrations of AN between the action level and the permissible exposure limits.
(g) Weekly survey of operations involving liquid AN. In addition to monitoring of employee exposures to AN as otherwise required by this subsection, the employer must survey areas of operations involving liquid AN at least weekly to detect points where AN liquid or vapor are being released into the workplace. The survey must employ an infra-red gas analyzer calibrated for AN, a multipoint gas chromatographic monitor, or comparable system for detection of AN. A listing of levels detected and areas of AN release, as determined from the survey, must be posted prominently in the workplace, and must remain posted until the next survey is completed.
(6) Regulated areas.
(a) The employer must establish regulated areas where AN concentrations are in excess of the permissible exposure limits.
(b) Regulated areas must be demarcated and segregated from the rest of the workplace, in any manner that minimizes the number of persons who will be exposed to AN.
(c) Access to regulated areas must be limited to authorized persons or to persons otherwise authorized by the act or regulations issued pursuant thereto.
(d) The employer must ensure that in the regulated area, food or beverages are not present or consumed, smoking products are not present or used, and cosmetics are not applied, (except that these activities may be conducted in the lunchrooms, change rooms and showers required under subsection (13)(a) through (c) of this section.
(7) Methods of compliance.
(a) Engineering and work practice controls.
(i) The employer must institute engineering or work practice controls to reduce and maintain employee exposures to AN, to or below the permissible exposure limits, except to the extent that the employer establishes that such controls are not feasible.
(ii) Wherever the engineering and work practice controls which can be instituted are not sufficient to reduce employee exposures to or below the permissible exposure limits, the employer must nonetheless use them to reduce exposures to the lowest levels achievable by these controls and must supplement them by the use of respiratory protection which complies with the requirements of subsection (8) of this section.
(b) Compliance program.
(i) The employer must establish and implement a written program to reduce employee exposures to or below the permissible exposure limits solely by means of engineering and work practice controls, as required by subsection (7)(a) of this section.
(ii) Written plans for these compliance programs must include at least the following:
(A) A description of each operation or process resulting in employee exposure to AN above the permissible exposure limits;
(B) Engineering plans and other studies used to determine the controls for each process;
(C) A report of the technology considered in meeting the permissible exposure limits;
(D) A detailed schedule for the implementation of engineering or work practice controls; and
(E) Other relevant information.
(iii) The employer must complete the steps set forth in the compliance program by the dates in the schedule.
(iv) Written plans for such a program must be submitted upon request to the director, and must be available at the worksite for examination and copying by the director, or any affected employee or representative.
(v) The plans required by this subsection must be revised and updated at least every six months to reflect the current status of the program.
(8) Respiratory protection.
(a) General. For employees who use respirators required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this subsection. Respirators must be used during:
(i) Periods necessary to install or implement feasible engineering and work-practice controls;
(ii) Work operations, such as maintenance and repair activities or reactor cleaning, for which the employer establishes that engineering and work-practice controls are not feasible;
(iii) Work operations for which feasible engineering and work-practice controls are not yet sufficient to reduce employee exposure to or below the permissible exposure limits;
(iv) In emergencies.
(b) Respirator program.
Employers must develop, implement and maintain a respiratory protection program in accordance with chapter
296-842 WAC, Respirators, which covers each employee required by this chapter to use a respirator.
(c) Respirator selection. The employer must:
(i) Select and provide to employees appropriate respirators by following the requirements in this section and WAC
296-842-13005 in the respirator rule.
(ii) Provide to employees, for escape, any organic vapor, air-purifying respirator or any self-contained breathing apparatus (SCBA) that meets the selection requirements of WAC
296-842-13005 in the respirator rule.
(9) Emergency situations.
(a) Written plans.
(i) A written plan for emergency situations must be developed for each workplace where AN is present. Appropriate portions of the plan must be implemented in the event of an emergency.
(ii) The plan must specifically provide that employees engaged in correcting emergency conditions must be equipped as required in subsection (8) of this section until the emergency is abated.
(b) Alerting employees.
(i) Where there is the possibility of employee exposure to AN in excess of the ceiling limit due to the occurrence of an emergency, a general alarm must be installed and maintained to promptly alert employees of such occurrences.
(ii) Employees not engaged in correcting the emergency must be evacuated from the area and must not be permitted to return until the emergency is abated.
(10) Protective clothing and equipment.
(a) Provision and use. Where eye or skin contact with liquid AN or PAN may occur, the employer must provide at no cost to the employee, and ensure that employees wear, appropriate protective clothing or other equipment in accordance with WAC
296-800-160 to protect any area of the body which may come in contact with liquid AN or PAN.
(b) Cleaning and replacement.
(i) The employer must clean, launder, maintain, or replace protective clothing and equipment required by this subsection, as needed to maintain their effectiveness. In addition, the employer must provide clean protective clothing and equipment at least weekly to each affected employee.
(ii) The employer must ensure that impermeable protective clothing which contacts or is likely to have contacted liquid AN must be decontaminated before being removed by the employee.
(iii) The employer must ensure that AN- or PAN-contaminated protective clothing and equipment is placed and stored in closable containers which prevent dispersion of the AN or PAN outside the container.
(iv) The employer must ensure that an employee whose nonimpermeable clothing becomes wetted with liquid AN must immediately remove that clothing and proceed to shower. The clothing must be decontaminated before it is removed from the regulated area.
(v) The employer must ensure that no employee removes AN- or PAN-contaminated protective equipment or clothing from the change room, except for those employees authorized to do so for the purpose of laundering, maintenance, or disposal.
(vi) The employer must inform any person who launders or cleans AN- or PAN-contaminated protective clothing or equipment of the potentially harmful effects of exposure to AN.
(vii) The employer must ensure that containers of contaminated protective clothing and equipment which are to be removed from the workplace for any reason are labeled in accordance with subsection (16)(c)(ii) of this section, and that such labels remain affixed when such containers leave the employer's workplace.
(11) Housekeeping.
(a) All surfaces must be maintained free of accumulations of liquid AN and of PAN.
(b) For operations involving liquid AN, the employer must institute a program for detecting leaks and spills of liquid AN, including regular visual inspections.
(c) Where spills of liquid AN are detected, the employer must ensure that surfaces contacted by the liquid AN are decontaminated. Employees not engaged in decontamination activities must leave the area of the spill, and shall not be permitted in the area until decontamination is completed.
(d) Liquids. Where AN is present in a liquid form, or as a resultant vapor, all containers or vessels containing AN must be enclosed to the maximum extent feasible and tightly covered when not in use, with adequate provision made to avoid any resulting potential explosion hazard.
(e) Surfaces.
(i) Dry sweeping and the use of compressed air for the cleaning of floors and other surfaces where AN and PAN are found is prohibited.
(ii) Where vacuuming methods are selected, either portable units or a permanent system may be used.
(A) If a portable unit is selected, the exhaust must be attached to the general workplace exhaust ventilation system or collected within the vacuum unit, equipped with high efficiency filters or other appropriate means of contaminant removal, so that AN is not reintroduced into the workplace air; and
(B) Portable vacuum units used to collect AN may not be used for other cleaning purposes and must be labeled as prescribed by subsection (16)(c)(ii) of this section.
(iii) Cleaning of floors and other contaminated surfaces may not be performed by washing down with a hose, unless a fine spray has first been laid down.
(12) Waste disposal. AN and PAN waste, scrap, debris, bags, containers or equipment, must be disposed of in sealed bags or other closed containers which prevent dispersion of AN outside the container, and labeled as prescribed in subsection (16)(c)(ii) of this section.
(13) Hygiene facilities and practices. Where employees are exposed to airborne concentrations of AN above the permissible exposure limits, or where employees are required to wear protective clothing or equipment pursuant to subsection (11) of this section, or where otherwise found to be appropriate, the facilities required by WAC
296-800-230 must be provided by the employer for the use of those employees, and the employer must ensure that the employees use the facilities provided. In addition, the following facilities or requirements are mandated.
(a) Change rooms. The employer must provide clean change rooms in accordance with WAC
296-800-230.
(b) Showers.
(i) The employer must provide shower facilities in accordance with WAC
296-800-230.
(ii) In addition, the employer must also ensure that employees exposed to liquid AN and PAN shower at the end of the work shift.
(iii) The employer must ensure that, in the event of skin or eye exposure to liquid AN, the affected employee must shower immediately to minimize the danger of skin absorption.
(c) Lunchrooms.
(i) Whenever food or beverages are consumed in the workplace, the employer must provide lunchroom facilities which have a temperature controlled, positive pressure, filtered air supply, and which are readily accessible to employees exposed to AN above the permissible exposure limits.
(ii) In addition, the employer must also ensure that employees exposed to AN above the permissible exposure limits wash their hands and face prior to eating.
(14) Medical surveillance.
(a) General.
(i) The employer must institute a program of medical surveillance for each employee who is or will be exposed to AN above the action level. The employer must provide each such employee with an opportunity for medical examinations and tests in accordance with this subsection.
(ii) The employer must ensure that all medical examinations and procedures are performed by or under the supervision of a licensed physician, and must be provided without cost to the employee.
(b) Initial examinations. At the time of initial assignment, or upon institution of the medical surveillance program, the employer must provide each affected employee an opportunity for a medical examination, including at least the following elements:
(i) A work history and medical history with special attention to skin, respiratory, and gastrointestinal systems, and those nonspecific symptoms, such as headache, nausea, vomiting, dizziness, weakness, or other central nervous system dysfunctions that may be associated with acute or chronic exposure to AN.
(ii) A physical examination giving particular attention to central nervous system, gastrointestinal system, respiratory system, skin and thyroid.
(iii) A 14" x 17" posteroanterior chest X-ray.
(iv) Further tests of the intestinal tract, including fecal occult blood screening, and proctosigmoidoscopy, for all workers forty years of age or older, and for any other affected employees for whom, in the opinion of the physician, such testing is appropriate.
(c) Periodic examinations.
(i) The employer must provide examinations specified in this subsection at least annually for all employees specified in subsection (14)(a) of this section.
(ii) If an employee has not had the examinations prescribed in subsection (14)(b) of this section within six months of termination of employment, the employer must make such examination available to the employee upon such termination.
(d) Additional examinations. If the employee for any reason develops signs or symptoms commonly associated with exposure to AN, the employer must provide appropriate examination and emergency medical treatment.
(e) Information provided to the physician. The employer must provide the following information to the examining physician:
(i) A copy of this standard and its appendices;
(ii) A description of the affected employee's duties as they relate to the employee's exposure;
(iii) The employee's representative exposure level;
(iv) The employee's anticipated or estimated exposure level (for preplacement examinations or in cases of exposure due to an emergency);
(v) A description of any personal protective equipment used or to be used; and
(vi) Information from previous medical examinations of the affected employee, which is not otherwise available to the examining physician.
(f) Physician's written opinion.
(i) The employer must obtain a written opinion from the examining physician which must include:
(A) The results of the medical examination and test performed;
(B) The physician's opinion as to whether the employee has any detected medical condition which would place the employee at an increased risk of material impairment of the employee's health from exposure to AN;
(C) Any recommended limitations upon the employee's exposure to AN or upon the use of protective clothing and equipment such as respirators; and
(D) A statement that the employee has been informed by the physician of the results of the medical examination and any medical conditions which require further examination or treatment.
(ii) The employer must instruct the physician not to reveal in the written opinion specific findings or diagnoses unrelated to occupational exposure to AN.
(iii) The employer must provide a copy of the written opinion to the affected employee.
(15) Employee information and training.
(a) Training program.
(i) The employer must train each employee exposed to AN above the action level, each employee whose exposures are maintained below the action level by engineering and work practice controls, and each employee subject to potential skin or eye contact with liquid AN in accordance with the requirements of this section. The employer must institute a training program and ensure employee participation in the training program.
(ii) The training program must be provided at the time of initial assignment, or upon institution of the training program, and at least annually thereafter, and the employer must ensure that each employee is informed of the following:
(A) The information contained in Appendices A, B and C;
(B) The quantity, location, manner of use, release or storage of AN and the specific nature of operations which could result in exposure to AN, as well as any necessary protective steps;
(C) The purpose, proper use, and limitations of respirators and protective clothing;
(D) The purpose and a description of the medical surveillance program required by subsection (14) of this section;
(E) The emergency procedures developed, as required by subsection (9) of this section; and
(F) The engineering and work practice controls, their function and the employee's relationship thereto; and
(G) A review of this standard.
(b) Access to training materials.
(i) The employer must make a copy of this standard and its appendices readily available to all affected employees.
(ii) The employer must provide, upon request, all materials relating to the employee information and training program to the director.
(16) Communication of hazards.
(a) Hazard communication - General.
(i) Chemical manufacturers, importers, distributors and employers must comply with all requirements of the Hazard Communication Standard (HCS), WAC
296-901-140 for AN and AN-based materials not exempted under subsection (1)(b) of this section.
(ii) In classifying the hazards of AN and AN-based materials at least the following hazards are to be addressed: Cancer; central nervous system effects; liver effects; skin sensitization; skin, respiratory, and eye irritation; acute toxicity effects; and flammability.
(iii) Employers must include AN and AN-based materials in the hazard communication program established to comply with the HCS, WAC
296-901-140. Employers must ensure that each employee has access to labels on containers of AN and AN-based materials and to safety data sheets, and is trained in accordance with the requirements of HCS and subsection (15) of this section.
(iv) The employer may use labels or signs required by other statutes, regulations, or ordinances in addition to, or in combination with, signs and labels required by this subsection.
(v) The employer must ensure that no statement appears on or near any sign or label, required by this subsection, that contradicts or detracts from the required sign or label.
(b) Signs.
(i) The employer must post signs to clearly indicate all workplaces where AN concentrations exceed the permissible exposure limits. The signs must bear the following legend:
DANGER
ACRYLONITRILE (AN)
MAY CAUSE CANCER
RESPIRATORY PROTECTION MAY BE REQUIRED IN THIS AREA
AUTHORIZED PERSONNEL ONLY
(ii) The employer must ensure that signs required by (b) of this subsection are illuminated and cleaned as necessary so that the legend is readily visible.
(c) Labels.
(i) The employer must ensure that precautionary labels are in compliance with (a)(i) of this subsection and are affixed to all containers of liquid AN and AN-based materials not exempted under subsection (1)(b) of this section. The employer must ensure that the labels remain affixed when the materials are sold, distributed or otherwise leave the employer's workplace.
(ii) The employer must ensure that the precautionary labels required by (c) of this subsection are readily visible and legible.
(17) Recordkeeping.
(a) Objective data for exempted operations.
(i) Where the processing, use, and handling of products fabricated from PAN are exempted pursuant to subsection (1)(b) of this section, the employer must establish and maintain an accurate record of objective data reasonably relied upon in support of the exemption.
(ii) This record must include the following information:
(A) The relevant condition in subsection (1)(b) upon which exemption is based;
(B) The source of the objective data;
(C) The testing protocol, results of testing, and/or analysis of the material for the release of AN;
(D) A description of the operation exempted and how the data supports the exemption; and
(E) Other data relevant to the operations, materials, and processing covered by the exemption.
(iii) The employer must maintain this record for the duration of the employer's reliance upon such objective data.
(b) Exposure monitoring.
(i) The employer must establish and maintain an accurate record of all monitoring required by subsection (5) of this section.
(ii) This record must include:
(A) The dates, number, duration, and results of each of the samples taken, including a description of the sampling procedure used to determine representative employee exposure;
(B) A description of the sampling and analytical methods used and the data relied upon to establish that the methods used meet the accuracy and precision requirements of subsection (5)(f) of this section;
(C) Type of respiratory protective devices worn, if any; and
(D) Name, Social Security number and job classification of the employee monitored and of all other employees whose exposure the measurement is intended to represent.
(iii) The employer must maintain this record for at least forty years or the duration of employment plus twenty years, whichever is longer.
(c) Medical surveillance.
(i) The employer must establish and maintain an accurate record for each employee subject to medical surveillance as required by subsection (14) of this section.
(ii) This record must include:
(A) A copy of the physicians' written opinions;
(B) Any employee medical complaints related to exposure to AN;
(C) A copy of the information provided to the physician as required by subsection (14)(f) of this section; and
(D) A copy of the employee's medical and work history.
(iii) The employer must ensure that this record be maintained for at least forty years or for the duration of employment plus twenty years, whichever is longer.
(d) Availability.
(i) The employer must ensure that all records required to be maintained by this section be made available upon request to the director for examination and copying.
(ii) Records required by (a) through (c) of this subsection must be provided upon request to employees, designated representatives, and the assistant director in accordance with chapter
296-802 WAC. Records required by (a) of this subsection must be provided in the same manner as exposure monitoring records.
(iii) The employer must ensure that employee medical records required to be maintained by this section, be made available, upon request, for examination and copying, to the affected employee or former employee, or to a physician designated by the affected employee, former employee, or designated representative.
(e) Transfer of records.
(i) Whenever the employer ceases to do business, the successor employer must receive and retain all records required to be maintained by this section.
(ii) The employer must also comply with any additional requirements involving transfer of records set forth in WAC
296-802-60005.
(18) Observation of monitoring.
(a) Employee observation. The employer must provide affected employees, or their designated representatives, an opportunity to observe any monitoring of employee exposure to AN conducted pursuant to subsection (5) of this section.
(b) Observation procedures.
(i) Whenever observation of the monitoring of employee exposure to AN requires entry into an area where the use of protective clothing or equipment is required, the employer must provide the observer with personal protective clothing or equipment required to be worn by employees working in the area, ensure the use of such clothing and equipment, and require the observer to comply with all other applicable safety and health procedures.
(ii) Without interfering with the monitoring, observers shall be entitled:
(A) To receive an explanation of the measurement procedures;
(B) To observe all steps related to the measurement of airborne concentrations of AN performed at the place of exposure; and
(C) To record the results obtained.
(19) Appendices. The information contained in the appendices is not intended, by itself, to create any additional obligation not otherwise imposed, or to detract from any obligation.