Title of Rule: Chapter 296-24 WAC, General safety and health standards; chapter 296-45 WAC, Safety standards for electrical workers; chapter 296-62 WAC, General occupational health standards; chapter 296-115 WAC, Safety requirements for charter boats; and chapter 296-800 WAC, Safety and health core rules.

     Purpose: The primary reason for this rule making is to incorporate the existing requirements relating to sanitation (showers, change rooms and consumption of food and beverages at the workplace) from chapter 296-24 WAC into chapter 296-800 WAC, Safety and health core rules. As a result of these rules being incorporated into chapter 296-800 WAC, several references are also being updated throughout our chapters. These proposed changes are housekeeping in nature and do not increase requirements. On November 7, 2002, the Occupational Safety and Health Administration (OSHA) published a final rule for exit routes, emergency action plans, and fire prevention plans. We are correcting the requirement in WAC 296-800-31050 in order to be at-least-as-effective-as the federal equivalent. Also, other areas in chapter 296-800 WAC will be clarified for ease of use and understanding. These proposed changes are housekeeping in nature and do not increase requirements.

     Other Identifying Information: The following are the amended, new, and repealed WAC sections:

WAC 296-24-120 Sanitation.

•     Requirements relating to sanitation are now located in chapter 296-800 WAC, Safety and health core rules.

•     Add a note to this section indicating where requirements have been moved.

WAC 296-24-12001 Scope.

•     Requirements relating to sanitation are now located in chapter 296-800 WAC, Safety and health core rules. Repeal this section.

WAC 296-24-12002 Definitions.

•     Definitions relating to sanitation are now located in chapter 296-800 WAC, Safety and health core rules. Repeal this section.

WAC 296-24-12010 Showers.

•     Requirements relating to showers are now located in chapter 296-800 WAC, Safety and health core rules. Repeal this section.

WAC 296-24-12011 Change rooms.

•     Requirements relating to change rooms are now located in chapter 296-800 WAC, Safety and health core rules. Repeal this section.

WAC 296-24-12017 Consumption of food and beverages on the premises.

•     Requirements relating to consumption of food and beverages on the premises are now located in chapter 296-800 WAC, Safety and health core rules. Repeal this section.

WAC 296-45-48535 Chemical cleaning of boilers and pressure vessels.

•     Update a reference.

WAC 296-62-07308 General regulated area requirements.

•     Subsection (3)(c)(ii), update a reference.

WAC 296-62-07336 Acrylonitrile.

•     Subsection (13), delete a reference.

•     Subsection (13)(a), update a reference.

•     Subsection (13)(b)(i), update a reference.

WAC 296-62-07342 1,2-Dibromo-3-chloropropane.

•     Subsection (13)(b)(iii), update a reference.

WAC 296-62-07347 Inorganic arsenic.

•     Subsection (13)(a), update a reference.

•     Subsection (13)(b)(ii), update a reference.

WAC 296-62-07419 Hygiene areas and practices.

•     Subsection (1), delete a reference.

WAC 296-62-07460 Butadiene.

•     Subsection (6), delete a reference.

WAC 296-62-07521 Lead.

•     Subsection (1)(b), update a reference.

•     Subsection (10)(c)(ii), update a reference.

WAC 296-62-07719 Hygiene facilities and practices.

•     Subsection (1)(b), update a reference.

•     Subsection (2)(b), update a reference.

•     Subsection (3)(a)(i)(B), update a reference.

WAC 296-62-20015 Hygiene facilities and practices.

•     Subsection (2)(b), update a reference.

WAC 296-62-31020 Showers and change rooms used for decontamination.

•     Update a reference.

WAC 296-62-31335 Showers and change rooms.

•     Subsection (2), update a reference.

WAC 296-115-050 General requirements.

•     Subsection (13)(a), update a reference.

•     Subsection (13)(c), update a reference.

WAC 296-800-110 Summary.

•     Changed the title of WAC 296-800-11030 to read, "Prohibit employees from using tools and equipment that are not safe."

WAC 296-800-11030 Prohibit employees from using equipment or materials that do not meet the applicable WISHA requirements.

•     Change the title of this section to read, "Prohibit employees from using tools and equipment that are not safe."

•     Delete the first bullet for clarity.

•     Amend the second bullet to read, "Take responsibility for the safe condition of tools and equipment used by employees."

•     Remove the words "under control of" in the note.

WAC 296-800-170 Summary.

•     Add a new section to this summary page titled, "Include multiemployer workplaces in your program if necessary."

•     Change title of WAC 296-800-17020 to read, "Make sure material safety data sheets (MSDSs) are readily accessible to your employees and NIOSH."

WAC 296-800-17005 Develop, implement, maintain, and make available a written chemical hazard communication program.

•     Move requirements relating to multiemployer worksites from this section into a new section, WAC 296-800-17007.

•     Clarify the language in this section.

WAC 296-800-17007 Include multiemployer worksites in your program if necessary.

•     Create this section and move requirements relating to multiemployer worksites from WAC 296-800-17005 for clarity.

WAC 296-800-17015 Obtain and maintain material safety data sheets (MSDSs) for each hazardous chemical used.

•     Change note to read, "See material safety data sheets and label preparation, chapter 296-839 WAC if you choose to create your own MSDS or label."

WAC 296-800-17020 Make sure material safety data sheets (MSDSs) are readily accessible to your employees.

•     Change title of this section to, "Make sure material safety data sheets (MSDSs) are readily accessible to your employees and NIOSH."

•     Clarify language relating to making MSDSs readily available, when requested, to representatives of the National Institute for Occupational Safety and Health (NIOSH).

WAC 296-800-230 Summary.

•     Amend this section to reflect the requirements moved here from chapter 296-24 WAC.

•     Add section headings for clarity.

WAC 296-800-23005 Provide safe drinking (potable) water in your workplace.

•     Clarified the language in this section.

•     Add a definition for "Personal service rooms." It reads, "Personal service rooms are used for activities not directly connected with a business' production or service function such as first aid, medical services, dressing, showering, bathrooms, washing, eating."

WAC 296-800-23010 Clearly mark the water outlets that are not fit for drinking (nonpotable).

•     Clarified the language in this section.

WAC 296-800-23020 Provide bathrooms for your employees.

•     Clarified the language in this section.

WAC 296-800-23025 Provide convenient, clean washing facilities.

•     Change title of this section to, "Provide convenient and clean washing facilities."

•     Clarified the language in this section.

WAC 296-800-23030 Keep containers used for garbage or waste in a sanitary condition.

•     Move these requirements to WAC 296-800-23050 for better organization of information.

•     Repeal this section.

WAC 296-800-23035 Remove garbage and waste in a way that does not create a health hazard.

•     Move these requirements to WAC 296-800-23055 for better organization of information.

•     Repeal this section.

WAC 296-800-23040 Make sure eating areas are safe and healthy.

•     Create this section and move requirements from WAC 296-24-12017 into this section.

WAC 296-800-23045 Follow these requirements if you provide food service to your employees.

•     Create this section and move requirements from WAC 296-24-12017 into this section.

WAC 296-800-23050 Dispose of garbage and waste safely.

•     Incorporate language from WAC 296-24-12017 and 296-800-23030 relating to disposal of garbage into this section for clarity.

WAC 296-800-23055 Remove garbage and waste in a way that does not create a health hazard.

•     Move requirements from WAC 296-800-23035 to this section.

WAC 296-800-23060 Provide a separate lunchroom if employees are exposed to toxic substances if they are allowed to eat and drink on the jobsite.

•     Create this section and move requirements from WAC 296-24-12017 into this section.

WAC 296-800-23065 Provide showers when required for employees working with chemicals.

•     Create this section and move requirements from WAC 296-24-12010 into this section.

WAC 296-800-23070 Provide change rooms when required.

•     Create this section and move requirements from WAC 296-24-12011 into this section.

WAC 296-800-23075 Make sure any work clothes you provide are dry.

•     Create this section and move requirements from WAC 296-24-12011 into this section.

WAC 296-800-31050 Mark exits adequately.

•     Add a bullet that reads, "Make sure the letters in the word "EXIT" are at least six inches high and 3/4 of an inch wide." This is being added as a result of an effectiveness issue with the occupational safety and health requirements (OSHA).

WAC 296-800-350 Summary.

•     Change the title of WAC 296-800-35038 to read, "Minimum and maximum adjusted base penalty amounts.

WAC 296-800-35038 Maximum base penalty amount.

•     Change title of this section to, "Minimum and maximum adjusted base penalty amounts" for clarity.

•     Add a second bullet that reads, "The minimum adjusted base penalty for any violation carrying a penalty is $100.00."

WAC 296-800-35040 Reasons for increasing civil penalty amounts.

•     Clarify language relating to repeat violations.

•     Clarify language relating to failure-to-abate violations.

WAC 296-800-35062 WISHA's response to your request for more time.

•     Clarify language relating to granting requests for an extension of an abatement date.

WAC 296-800-35064 A hearing can be requested about the department's response.

•     Delete the word "you" from the first bullet.

•     Delete unnecessary language from the second bullet.

•     Deleted the last secondary bullet. This requirement is in WAC 296-800-35065.

WAC 296-800-370 Definitions.

•     Amend the following definitions:

     - Chemical agents (airborne or contact)

     - Corrosive

     - Distributor

     - Harmful physical agent

     - Health hazard

     - Importer

     - Material safety data sheet (MSDS)

     - Occupational Safety and Health Administration (OSHA)

     - Permissible exposure limits (PELs)

     - Qualified person

     - Repeat violation

     - Toxic substance

•     Add the following definitions:

     - Ceiling

     - Dust

     - Fume

     - Gas

     - Irritant

     - Mist

     - Short-term exposure limit (STEL)

     - Time weighted average (TWA₈)

     - Toxicant

     - Vapor

•     Delete the following definition:

     - Strong irritant

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

     Statute Being Implemented: Chapter 49.17 RCW.

     Summary: See Other Identifying Information above.

     Reasons Supporting Proposal: See Other Identifying Information above.

     Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael A. Silverstein, Tumwater, (360) 902-5495.

     Name of Proponent: Department of Labor and Industries, governmental.

     Rule is necessary because of federal law, C.F.R. 1910.37 (b)(7).

     Explanation of Rule, its Purpose, and Anticipated Effects: The primary reason for this rule making is to incorporate the existing requirements relating to sanitation (showers, change rooms and consumption of food and beverages at the workplace) from chapter 296-24 WAC into chapter 296-800 WAC, Safety and health core rules. As a result of these rules being incorporated into chapter 296-800 WAC, several references are also being updated throughout our chapters. Also, other areas in chapter 296-800 WAC will be clarified for ease of use and understanding. These proposed changes are housekeeping in nature and do not increase requirements.

     Proposal Changes the Following Existing Rules: All changes proposed with this rule making are technical corrections and typographical changes.

June 3, 2003

Paul Trause

Director

OTS-6384.1

PART B-1

((SANITATION,)) TEMPORARY LABOR CAMPS AND NONWATER CARRIAGE DISPOSAL SYSTEMS

((Sanitation))
AMENDATORY SECTION(Amending Order 73-5, filed 5/9/73 and Order 73-4, filed 5/7/73)

WAC 296-24-120   Sanitation.  

Note:

• Rules and regulations of the state board of health governing sanitation of places of work shall be complied with by every employer, and shall be enforced as provided for by statute law (RCW 43.20.050). • Requirements relating to sanitation and hygiene facilities and procedures are now located in WAC 296-800-230, the safety and health core rules.

[Order 73-5, § 296-24-120, filed 5/9/73 and Order 73-4, § 296-24-120, filed 5/7/73.]

     The following sections of the Washington Administrative Code are repealed:

WAC 296-24-12001	Scope.
WAC 296-24-12002	Definitions.
WAC 296-24-12010	Showers.
WAC 296-24-12011	Change rooms.
WAC 296-24-12017	Consumption of food and beverages on the premises.

OTS-6385.1

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-45-48535   Chemical cleaning of boilers and pressure vessels.   The following requirements apply to chemical cleaning of boilers and pressure vessels:

     (1) Areas where chemical cleaning is in progress shall be cordoned off to restrict access during cleaning. If flammable liquids, gases, or vapors or combustible materials will be used or might be produced during the cleaning process, the following requirements also apply:

     (a) The area shall be posted with signs restricting entry and warning of the hazards of fire and explosion; and

     (b) Smoking, welding, and other possible ignition sources are prohibited in these restricted areas.

     (2) The number of personnel in the restricted area shall be limited to those necessary to accomplish the task safely.

     (3) There shall be ready access to water or showers for emergency use.

Note:

See ((chapter 296-24 WAC, Part B and)) WAC 296-800-230, of the safety and health core rules, for requirements that apply to the water supply and to washing facilities.

     (4) Employees in restricted areas shall wear protective equipment meeting the requirements of this chapter and including, but not limited to, protective clothing, boots, goggles, and gloves.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-45-48535, filed 5/9/01, effective 9/1/01. Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. 98-07-009, § 296-45-48535, filed 3/6/98, effective 5/6/98.]

OTS-6386.1

AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01, effective 9/1/01)

WAC 296-62-07308   General regulated area requirements.   (1) Respirator program. The employer must implement a respiratory protection program as required in chapter 296-62 WAC, Part E (except WAC 296-62-07130 (1) and (5) and 296-62-07131).

     (2) Emergencies. In an emergency, immediate measures including, but not limited to, the requirements of (a), (b), (c), (d) and (e) of this subsection shall be implemented.

     (a) The potentially affected area shall be evacuated as soon as the emergency has been determined.

     (b) Hazardous conditions created by the emergency shall be eliminated and the potentially affected area shall be decontaminated prior to the resumption of normal operations.

     (c) Special medical surveillance by a physician shall be instituted within twenty-four hours for employees present in the potentially affected area at the time of the emergency. A report of the medical surveillance and any treatment shall be included in the incident report, in accordance with WAC 296-62-07312(2).

     (d) Where an employee has a known contact with a listed carcinogen, such employee shall be required to shower as soon as possible, unless contraindicated by physical injuries.

     (e) An incident report on the emergency shall be reported as provided in WAC 296-62-07312(2).

     (3) Hygiene facilities and practices.

     (a) Storage or consumption of food, storage or use of containers of beverages, storage or application of cosmetics, smoking, storage of smoking materials, tobacco products or other products for chewing, or the chewing of such products, are prohibited in regulated areas.

     (b) Where employees are required by this section to wash, washing facilities shall be provided in accordance with WAC 296-800-230.

     (c) Where employees are required by this section to shower, shower facilities shall be provided.

     (i) One shower shall be provided for each ten employees of each sex, or numerical fraction thereof, who are required to shower during the same shift.

     (ii) Body soap or other appropriate cleansing agents convenient to the showers shall be provided as specified in WAC ((296-24-12009)) 296-800-230, of the ((general safety and health standards)) safety and health core rules.

     (iii) Showers shall be provided with hot and cold water feeding a common discharge line.

     (iv) Employees who use showers shall be provided with individual clean towels.

     (d) Where employees wear protective clothing and equipment, clean change rooms shall be provided and shall be equipped with storage facilities for street clothes and separate storage facilities for the protective clothing for the number of such employees required to change clothes.

     (e) Where toilets are in regulated areas, such toilets shall be in a separate room.

     (4) Contamination control.

     (a) Regulated areas, except for outdoor systems, shall be maintained under pressure negative with respect to nonregulated areas. Local exhaust ventilation may be used to satisfy this requirement. Clean makeup air in equal volume shall replace air removed.

     (b) Any equipment, material, or other item taken into or removed from a regulated area shall be done so in a manner that does not cause contamination in nonregulated areas or the external environment.

     (c) Decontamination procedures shall be established and implemented to remove carcinogens from the surfaces of materials, equipment and the decontamination facility.

     (d) Dry sweeping and dry mopping are prohibited.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-62-07308, filed 5/9/01, effective 9/1/01; 99-10-071, § 296-62-07308, filed 5/4/99, effective 9/1/99. Statutory Authority: RCW 49.17.040 and 49.17.050. 83-24-013 (Order 83-34), § 296-62-07308, filed 11/30/83. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. 80-17-014 (Order 80-20), § 296-62-07308, filed 11/13/80.]

     (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) shall 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" means treatment of materials and surfaces by water washdown, ventilation, or other means, to assure 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 his 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" means 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 shall assure 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 shall assure 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 shall assure 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 shall 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 shall promptly amend such information previously provided to the director.

     (b) Emergencies and remedial action. Emergencies, and the facts obtainable at that time, shall be reported within 24 hours of the initial occurrence to the director. Upon request of the director, the employer shall 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 shall 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 shall 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 shall 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 shall 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 shall repeat these determinations for each such employee at least monthly. The employer shall 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 shall 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 shall be conducted.

     (e) Employee notification.

     (i) Within five working days after the receipt of monitoring results, the employer shall 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 shall 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 shall be accurate, to a confidence level of 95 percent, to within plus or minus 25 percent for concentrations of AN at or above the permissible exposure limits, and plus or minus 35 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 shall 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 shall 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, shall be posted prominently in the workplace, and shall remain posted until the next survey is completed.

     (6) Regulated areas.

     (a) The employer shall establish regulated areas where AN concentrations are in excess of the permissible exposure limits.

     (b) Regulated areas shall 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 shall be limited to authorized persons or to persons otherwise authorized by the act or regulations issued pursuant thereto.

     (d) The employer shall assure 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 subsections (13)(a)-(13)(c) of this section.

     (7) Methods of compliance.

     (a) Engineering and work practice controls.

     (i) The employer shall 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 shall nonetheless use them to reduce exposures to the lowest levels achievable by these controls and shall 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 shall 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 shall 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 shall complete the steps set forth in the compliance program by the dates in the schedule.

     (iv) Written plans for such a program shall be submitted upon request to the director, and shall 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 shall 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 respirators that comply 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.

     The employer must implement a respiratory protection program in accordance with chapter 296-62 WAC, Part E (except WAC 296-62-07130(1) and 296-62-07150 through 296-62-07156).

     (c) Respirator selection. The employer must select the appropriate respirator from Table I of this subsection.

TABLE I

RESPIRATORY PROTECTION FOR ACRYLONITRILE (AN)

Concentration of AN or Condition of Use			Respirator Type
(a)	Less than or equal to 25 x permissible exposure limits.	(i)	Any Type C supplied air respirator.
(b)	Less than or equal to 100 x permissible exposure limits.	(i)	Any supplied air respirator with full facepiece; or
		(ii)	Any self-contained breathing apparatus with full facepiece.
(c)	Less than or equal to 250 x permissible exposure limits	(i)	Supplied air respirator in positive pressure mode with full facepiece, helmet, hood, or suit.
(d)	Greater than 250 x permissible exposure limits.	(i)	Supplied air respirator with full facepiece and an auxiliary self-contained air supply, operated in pressure demand mode; or
		(ii)	Open circuit self-contained breathing apparatus with full facepiece in positive pressure mode.
(e)	Emergency entry into unknown concentration or firefighting	(i)	Any self-contained breathing apparatus with full facepiece in positive pressure mode.
(f)	Escape.	(i)	Any organic vapor gas mask; or
		(ii)	Any self-contained breathing.

     (9) Emergency situations.

     (a) Written plans.

     (i) A written plan for emergency situations shall be developed for each workplace where AN is present. Appropriate portions of the plan shall be implemented in the event of an emergency.

     (ii) The plan shall specifically provide that employees engaged in correcting emergency conditions shall 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 shall be installed and maintained to promptly alert employees of such occurrences.

     (ii) Employees not engaged in correcting the emergency shall be evacuated from the area and shall 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 shall provide at no cost to the employee, and assure 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 shall clean, launder, maintain, or replace protective clothing and equipment required by this subsection, as needed to maintain their effectiveness. In addition, the employer shall provide clean protective clothing and equipment at least weekly to each affected employee.

     (ii) The employer shall assure that impermeable protective clothing which contacts or is likely to have contacted liquid AN shall be decontaminated before being removed by the employee.

     (iii) The employer shall assure 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 shall assure that an employee whose nonimpermeable clothing becomes wetted with liquid AN shall immediately remove that clothing and proceed to shower. The clothing shall be decontaminated before it is removed from the regulated area.

     (v) The employer shall assure 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 shall 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 shall assure 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 shall be maintained free of accumulations of liquid AN and of PAN.

     (b) For operations involving liquid AN, the employer shall 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 shall assure that surfaces contacted by the liquid AN are decontaminated. Employees not engaged in decontamination activities shall 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 shall 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 shall 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 shall 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, shall 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 ((296-24-12009 and)) 296-800-230 shall be provided by the employer for the use of those employees, and the employer shall assure that the employees use the facilities provided. In addition, the following facilities or requirements are mandated.

     (a) Change rooms. The employer shall provide clean change rooms in accordance with WAC ((296-24-12011)) 296-800-230.

     (b) Showers.

     (i) The employer shall provide shower facilities in accordance with WAC ((296-24-12009(3))) 296-800-230.

     (ii) In addition, the employer shall also assure that employees exposed to liquid AN and PAN shower at the end of the work shift.

     (iii) The employer shall assure that, in the event of skin or eye exposure to liquid AN, the affected employee shall shower immediately to minimize the danger of skin absorption.

     (c) Lunchrooms.

     (i) Whenever food or beverages are consumed in the workplace, the employer shall 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 shall also assure 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 shall institute a program of medical surveillance for each employee who is or will be exposed to AN above the action level. The employer shall provide each such employee with an opportunity for medical examinations and tests in accordance with this subsection.

     (ii) The employer shall assure that all medical examinations and procedures are performed by or under the supervision of a licensed physician, and shall 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 shall 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 40 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 shall 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 shall 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 shall provide appropriate examination and emergency medical treatment.

     (e) Information provided to the physician. The employer shall 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 shall obtain a written opinion from the examining physician which shall 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 shall instruct the physician not to reveal in the written opinion specific findings or diagnoses unrelated to occupational exposure to AN.

     (iii) The employer shall provide a copy of the written opinion to the affected employee.

     (15) Employee information and training.

     (a) Training program.

     (i) The employer shall institute a training program for all employees where there is occupational exposure to AN and shall assure their participation in the training program.

     (ii) The training program shall be provided at the time of initial assignment, or upon institution of the training program, and at least annually thereafter, and the employer shall assure 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 shall make a copy of this standard and its appendices readily available to all affected employees.

     (ii) The employer shall provide, upon request, all materials relating to the employee information and training program to the director.

     (16) Signs and labels.

     (a) General.

     (i) 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.

     (ii) The employer shall assure that no statement appears on or near any sign or label, required by this subsection, which contradicts or detracts from such effects of the required sign or label.

     (b) Signs.

     (i) The employer shall post signs to clearly indicate all workplaces where AN concentrations exceed the permissible exposure limits. The signs shall bear the following legend:

     (c) Labels.

     (i) The employer shall assure that precautionary labels are affixed to all containers of AN, and to containers of PAN and products fabricated from PAN, except for those materials for which objective data is provided as to the conditions specified in subsection (1)(b) of this section. The employer shall assure that the labels remain affixed when the AN or PAN are sold, distributed or otherwise leave the employer's workplace.

     (ii) The employer shall assure that the precautionary labels required by this subsection are readily visible and legible. The labels shall bear the following legend:

     (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 shall establish and maintain an accurate record of objective data reasonably relied upon in support of the exemption.

     (ii) This record shall 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 shall maintain this record for the duration of the employer's reliance upon such objective data.

     (b) Exposure monitoring.

     (i) The employer shall establish and maintain an accurate record of all monitoring required by subsection (5) of this section.

     (ii) This record shall 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 shall maintain this record for at least 40 years or the duration of employment plus 20 years, whichever is longer.

     (c) Medical surveillance.

     (i) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance as required by subsection (14) of this section.

     (ii) This record shall 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 shall assure 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 shall assure 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 subdivisions (a) through (c) of this subsection shall be provided upon request to employees, designated representatives, and the assistant director in accordance with WAC 296-62-05201 through 296-62-05209 and 296-62-05213 through 296-62-05217. Records required by subdivision (a) of this section shall be provided in the same manner as exposure monitoring records.

     (iii) The employer shall assure 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 shall receive and retain all records required to be maintained by this section.

     (ii) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, these records shall be transmitted to the director.

     (iii) At the expiration of the retention period for the records required to be maintained pursuant to this section, the employer shall transmit these records to the director.

     (iv) The employer shall also comply with any additional requirements involving transfer of records set forth in WAC 296-62-05215.

     (18) Observation of monitoring.

     (a) Employee observation. The employer shall 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 shall provide the observer with personal protective clothing or equipment required to be worn by employees working in the area, assure 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.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-62-07336, filed 5/9/01, effective 9/1/01; 99-10-071, § 296-62-07336, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 88-11-021 (Order 88-04), § 296-62-07336, filed 5/11/88.]

     (a) This section applies to occupational exposure to 1,2-dibromo-3-chloropropane (DBCP).

     (b) This section does not apply to:

     (i) Exposure to DBCP which results solely from the application and use of DBCP as a pesticide; or

     (ii) The storage, transportation, distribution or sale of DBCP in intact containers sealed in such a manner as to prevent exposure to DBCP vapors or liquids, except for the requirements of subsections (11), (16) and (17) of this section.

     (2) Definitions applicable to this section:

     (a) "Authorized person" - any person specifically authorized by the employer and whose duties require the person to be present in areas where DBCP is present; and any person entering this area as a designated representative of employees exercising an opportunity to observe employee exposure monitoring.

     (b) "DBCP" - 1,2-dibromo-3-chloropropane, Chemical Abstracts Service Registry Number 96-12-8, and includes all forms of DBCP.

     (c) "Director" - the director of labor and industries, or his authorized representative.

     (d) "Emergency" - any occurrence such as, but not limited to equipment failure, rupture of containers, or failure of control equipment which may, or does, result in unexpected release of DBCP.

     (3) Permissible exposure limits.

     (a) Inhalation.

     (i) Time-weighted average limit (TWA). The employer shall assure that no employee is exposed to an airborne concentration in excess of 1 part DBCP per billion part of air (ppb) as an eight-hour time-weighted average.

     (ii) Ceiling limit. The employer shall assure that no employee is exposed to an airborne concentration in excess of 5 parts DBCP per billion parts of air (ppb) as averaged over any 15 minutes during the working day.

     (b) Dermal and eye exposure. The employer shall assure that no employee is exposed to eye or skin contact with DBCP.

     (4) Notification of use. Within ten days of the effective date of this section or within ten days following the introduction of DBCP into the workplace, every employer who has a workplace where DBCP is present shall report the following information to the director for each such workplace:

     (a) The address and location of each workplace in which DBCP is present;

     (b) A brief description of each process or operation which may result in employee exposure to DBCP;

     (c) The number of employees engaged in each process or operation who may be exposed to DBCP and an estimate of the frequency and degree of exposure that occurs;

     (d) A brief description of the employer's safety and health program as it relates to limitation of employee exposure to DBCP.

     (5) Regulated areas. The employer shall establish, within each place of employment, regulated areas wherever DBCP concentrations are in excess of the permissible exposure limit.

     (a) The employer shall limit access to regulated areas to authorized persons.

     (b) All employees entering or working in a regulated area shall wear respiratory protection in accordance with Table I.

     (6) Exposure monitoring.

     (a) General. Determinations of airborne exposure levels shall be made from air samples that are representative of each employee's exposure to DBCP over an eight-hour period. (For the purposes of this section, employee exposure is that exposure which would occur if the employee were not using a respirator.)

     (b) Initial. Each employer who has a place of employment in which DBCP is present shall monitor each workplace and work operation to accurately determine the airborne concentrations of DBCP to which employees may be exposed.

     (c) Frequency.

     (i) If the monitoring required by this section reveals employee exposures to be below the permissible exposure limits, the employer shall repeat these determinations at least quarterly.

     (ii) If the monitoring required by this section reveals employee exposure to be in excess of the permissible exposure limits, the employer shall repeat these determinations for each such employee at least monthly. The employer shall continue these monthly determinations until at least two consecutive measurements, taken at least seven days apart, are below the permissible exposure limit, thereafter the employer shall monitor at least quarterly.

     (d) Additional. Whenever there has been a production process, control or personnel change which may result in any new or additional exposure to DBCP, or whenever the employer has any other reason to suspect a change which may result in new or additional exposure to DBCP, additional monitoring which complies with subsection (6) shall be conducted.

     (e) Employee notification.

     (i) Within five working days after the receipt of monitoring results, the employer shall notify each employee in writing of results which represent the employee's exposure.

     (ii) Whenever the results indicate that employee exposure exceeds the permissible exposure limit, the employer shall include in the written notice a statement that the permissible exposure limit was 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 shall be accurate, to a confidence level of 95 percent, to within plus or minus 25 percent for concentrations of DBCP at or above the permissible exposure limits.

     (7) Methods of compliance.

     (a) Priority of compliance methods. The employer shall institute engineering and work practice controls to reduce and maintain employee exposures to DBCP at or below the permissible exposure limit, except to the extent that the employer establishes that such controls are not feasible. Where feasible engineering and work practice controls are not sufficient to reduce employee exposures to within the permissible exposure limit, the employer shall nonetheless use them to reduce exposures to the lowest level achievable by these controls, and shall supplement them by use of respiratory protection.

     (b) Compliance program.

     (i) The employer shall establish and implement a written program to reduce employee exposure to DBCP to or below the permissible exposure limit solely by means of engineering and work practice controls as required by this section.

     (ii) The written program shall include a detailed schedule for development and implementation of the engineering and work practice controls. These plans shall be revised at least every six months to reflect the current status of the program.

     (iii) Written plans for these compliance programs shall be submitted upon request to the director, and shall be available at the worksite for examination and copying by the director, and any affected employee or designated representative of employees.

     (iv) The employer shall institute and maintain at least the controls described in his most recent written compliance program.

     (8) Respiratory protection.

     (a) General. For employees who are required to use respirators under this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:

     (i) Period necessary to install or implement feasible engineering and work-practice controls;

     (ii) Maintenance and repair activities for which 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 limit;

     (iv) Emergencies.

     (b) The employer must establish, implement, and maintain a respiratory protection program as required by chapter 296-62 WAC, Part E (except WAC 296-62-07130(1) and 296-62-07150 through 296-62-07156).

     (c) Respirator selection. The employer must select the appropriate respirator from Table I of this subsection.

TABLE I

RESPIRATORY PROTECTION FOR DBCP

Concentration Not Greater Than			Respirator Type
(a)	10 ppb:	(i)	Any supplied-air respirator.
		(ii)	Any self-contained breathing apparatus.
(b)	50 ppb:	(i)	Any supplied-air respirator with full facepiece, helmet or hood.
		(ii)	Any self-contained breathing apparatus with full facepiece.
(c)	250 ppb:	(i)	A Type C supplied-air respirator operated in pressure-demand or other positive pressure or continuous flow mode.
(d)	500 ppb:	(i)	A Type C supplied-air respirator with full facepiece operated in pressure-demand mode with full facepiece.
(e)	Greater than 500 ppb or entry into unknown concentrations:	(i)	A combination respirator which includes a Type C supplied-air respirator with full facepiece operated in pressure-demand mode and an auxiliary self-contained breathing apparatus.
		(ii)	A self-contained breathing apparatus with full facepiece operated in pressure-demand mode.
(f)	Fire fighting:	(i)	A self-contained breathing apparatus with full facepiece operated in pressure-demand mode.

     (9) Reserved.

     (10) Emergency situations.

     (a) Written plans.

     (i) A written plan for emergency situations shall be developed for each workplace in which DBCP is present.

     (ii) Appropriate portions of the plan shall be implemented in the event of an emergency.

     (b) Employees engaged in correcting conditions shall be equipped as required in subsection (11) of this section until the emergency is abated.

     (c) Evacuation. Employees not engaged in correcting the emergency shall be removed and restricted from the area and normal operations in the affected area shall not be resumed until the emergency is abated.

     (d) Alerting employees. Where there is a possibility of employee exposure to DBCP due to the occurrence of an emergency, a general alarm shall be installed and maintained to promptly alert employees of such occurrences.

     (e) Medical surveillance. For any employee exposed to DBCP in an emergency situation, the employer shall provide medical surveillance in accordance with subsection (14) of this section.

     (f) Exposure monitoring.

     (i) Following an emergency, the employer shall conduct monitoring which complies with subsection (6) of this section.

     (ii) In workplaces not normally subject to periodic monitoring, the employer may terminate monitoring when two consecutive measurements indicate exposures below the permissible exposure limit.

     (11) Protective clothing and equipment.

     (a) Provision and use. Where eye or skin contact with liquid or solid DBCP may occur, employers shall provide at no cost to the employee, and assure that employees wear impermeable protective clothing and equipment in accordance with WAC 296-800-160 to protect the area of the body which may come in contact with DBCP.

     (b) Cleaning and replacement.

     (i) The employer shall clean, launder, maintain, or replace protective clothing and equipment required by this subsection to maintain their effectiveness. In addition, the employer shall provide clean protective clothing and equipment at least daily to each affected employee.

     (ii) Removal and storage.

     (A) The employer shall assure that employees remove DBCP contaminated work clothing only in change rooms provided in accordance with subsection (13) of this section.

     (B) The employer shall assure that employees promptly remove any protective clothing and equipment which becomes contaminated with DBCP-containing liquids and solids. This clothing shall not be reworn until the DBCP has been removed from the clothing or equipment.

     (C) The employer shall assure that no employee takes DBCP contaminated protective devices and work clothing out of the change room, except those employees authorized to do so for the purpose of laundering, maintenance, or disposal.

     (iii) The employer shall assure that DBCP-contaminated protective work clothing and equipment is placed and stored in closed containers which prevent dispersion of DBCP outside the container.

     (iv) The employer shall inform any person who launders or cleans DBCP-contaminated protective clothing or equipment of the potentially harmful effects of exposure to DBCP.

     (v) The employer shall assure that the 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) of this section.

     (vi) The employer shall prohibit the removal of DBCP from protective clothing and equipment by blowing or shaking.

     (12) Housekeeping.

     (a) Surfaces.

     (i) All surfaces shall be maintained free of accumulations of DBCP.

     (ii) Dry sweeping and the use of air for the cleaning of floors and other surfaces where DBCP dust or liquids are found is prohibited.

     (iii) Where vacuuming methods are selected, either portable units or a permanent system may be used.

     (A) If a portable unit is selected, the exhaust shall 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 DBCP is not reintroduced into the workplace air; and

     (B) Portable vacuum units used to collect DBCP may not be used for other cleaning purposes and shall be labeled as prescribed by subsection (16)(c) of this section.

     (iv) 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.

     (b) Liquids. Where DBCP is present in a liquid form, or as a resultant vapor, all containers or vessels containing DBCP shall be enclosed to the maximum extent feasible and tightly covered when not in use.

     (c) Waste disposal. DBCP waste, scrap, debris, bags, containers or equipment, shall be disposed in sealed bags or other closed containers which prevent dispersion of DBCP outside the container.

     (13) Hygiene facilities and practices.

     (a) Change rooms. The employer shall provide clean change rooms equipped with storage facilities for street clothes and separate storage facilities for protective clothing and equipment whenever employees are required to wear protective clothing and equipment in accordance with subsections (8), (9) and (11) of this section.

     (b) Showers.

     (i) The employer shall assure that employees working in the regulated area shower at the end of the work shift.

     (ii) The employer shall assure that employees whose skin becomes contaminated with DBCP-containing liquids or solids immediately wash or shower to remove any DBCP from the skin.

     (iii) The employer shall provide shower facilities in accordance with WAC ((296-24-12009 (3)(c))) 296-800-230.

     (c) Lunchrooms. The employer shall provide lunchroom facilities which have a temperature controlled, positive pressure, filtered air supply, and which are readily accessible to employees working in regulated areas.

     (d) Lavatories.

     (i) The employer shall assure that employees working in the regulated area remove protective clothing and wash their hands and face prior to eating.

     (ii) The employer shall provide a sufficient number of lavatory facilities which comply with WAC 296-800-230.

     (e) Prohibition of activities in regulated areas. The employer shall assure that, in regulated areas, food or beverages are not present or consumed, smoking products and implements are not present or used, and cosmetics are not present or applied.

     (14) Medical surveillance.

     (a) General. The employer shall institute a program of medical surveillance for each employee who is or will be exposed, without regard to the use of respirators, to DBCP. The employer shall provide each such employee with an opportunity for medical examinations and tests in accordance with this subsection. All medical examinations and procedures shall be performed by or under the supervision of a licensed physician, and shall be provided without cost to the employee.

     (b) Frequency and content. At the time of initial assignment, annually thereafter, and whenever exposure to DBCP occurs, the employer shall provide a medical examination for employees who work in regulated areas, which includes at least the following:

     (i) A complete medical and occupational history with emphasis on reproductive history.

     (ii) A complete physical examination with emphasis on the genito-urinary tract, testicle size, and body habitus including the following tests:

     (A) Sperm count;

     (B) Complete urinalysis (U/A);

     (C) Complete blood count; and

     (D) Thyroid profile.

     (iii) A serum specimen shall be obtained and the following determinations made by radioimmunoassay techniques utilizing National Institutes of Health (NIH) specific antigen or one of equivalent sensitivity:

     (A) Serum multiphasic analysis (SMA 12);

     (B) Serum follicle stimulating hormone (FSH);

     (C) Serum luteinizing hormone (LH); and

     (D) Serum estrogen (females).

     (iv) Any other tests deemed appropriate by the examining physician.

     (c) Additional examinations. If the employee for any reason develops signs or symptoms commonly associated with exposure to DBCP, the employer shall provide the employee with a medical examination which shall include those elements considered appropriate by the examining physician.

     (d) Information provided to the physician. The employer shall 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 level of DBCP to which the employee is exposed; and

     (iv) A description of any personal protective equipment used or to be used.

     (e) Physician's written opinion.

     (i) For each examination under this section, the employer shall obtain and provide the employee with a written opinion from the examining physician which shall include:

     (A) The results of the medical tests 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 health from exposure to DBCP;

     (C) Any recommended limitations upon the employee's exposure to DBCP or upon the use of protective clothing and equipment such as respirators; and

     (D) A statement that the employee was informed by the physician of the results of the medical examination, and any medical conditions which require further examination or treatment.

     (ii) The employer shall instruct the physician not to reveal in the written opinion specific findings or diagnoses unrelated to occupational exposure to DBCP.

     (iii) The employer shall provide a copy of the written opinion to the affected employee.

     (f) Emergency situations. If the employee is exposed to DBCP in an emergency situation, the employer shall provide the employee with a sperm count test as soon as practicable, or, if the employee is unable to produce a semen specimen, the hormone tests contained in subsection (14)(b) of this section. The employer shall provide these same tests three months later.

     (15) Employee information and training.

     (a) Training program.

     (i) Within thirty days of the effective date of this standard, the employer shall institute a training program for all employees who may be exposed to DBCP and shall assure their participation in such training program.

     (ii) The employer shall assure 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 DBCP and the specific nature of operations which could result in exposure to DBCP as well as any necessary protective steps;

     (C) The purpose, proper use, limitations, and other training requirements covering respiratory protection as required in chapter 296-62 WAC, Part E;

     (D) The purpose and description of the medical surveillance program required by subsection (14) of this section; and

     (E) A review of this standard.

     (b) Access to training materials.

     (i) The employer shall make a copy of this standard and its appendices readily available to all affected employees.

     (ii) The employer shall provide, upon request, all materials relating to the employee information and training program to the director.

     (16) Signs and labels.

     (a) General.

     (i) 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.

     (ii) The employer shall assure that no statement appears on or near any sign or label required by this subsection which contradicts or detracts from the required sign or label.

     (b) Signs.

     (i) The employer shall post signs to clearly indicate all work areas where DBCP may be present. These signs shall bear the legend:

DANGER

1,2-Dibromo-3-chloropropane

(Insert appropriate trade or common names)

     (i) The employer shall assure that precautionary labels are affixed to all containers of DBCP and of products containing DBCP, and that the labels remain affixed when the DBCP or products containing DBCP are sold, distributed, or otherwise leave the employer's workplace. Where DBCP or products containing DBCP are sold, distributed or otherwise leave the employer's workplace bearing appropriate labels required by EPA under the regulations in 40 CFR Part 162, the labels required by this subsection need not be affixed.

     (ii) The employer shall assure that the precautionary labels required by this subsection are readily visible and legible. The labels shall bear the following legend:

     (a) Exposure monitoring.

     (i) The employer shall establish and maintain an accurate record of all monitoring required by subsection (6) of this section.

     (ii) This record shall 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;

     (C) Type of respiratory 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 shall maintain this record for at least forty years or the duration of employment plus twenty years, whichever is longer.

     (b) Medical surveillance.

     (i) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance required by subsection (14) of this section.

     (ii) This record shall include:

     (A) The name and Social Security number of the employee;

     (B) A copy of the physician's written opinion;

     (C) Any employee medical complaints related to exposure to DBCP;

     (D) A copy of the information provided the physician as required by subsection (14)(c) of this section; and

     (E) A copy of the employee's medical and work history.

     (iii) The employer shall maintain this record for at least forty years or the duration of employment plus twenty years, whichever is longer.

     (c) Availability.

     (i) The employer shall assure that all records required to be maintained by this section be made available upon request to the director for examination and copying.

     (ii) Employee exposure monitoring records and employee medical records required by this subsection shall be provided upon request to employees' designated representatives and the assistant director in accordance with WAC 296-62-05201 through 296-62-05209; and 296-62-05213 through 296-62-05217.

     (d) Transfer of records.

     (i) If the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by this section for the prescribed period.

     (ii) If the employer ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, the employer shall transmit these records by mail to the director.

     (iii) At the expiration of the retention period for the records required to be maintained under this section, the employer shall transmit these records by mail to the director.

     (iv) The employer shall also comply with any additional requirements involving transfer of records set forth in WAC 296-62-05215.

     (18) Observation of monitoring.

     (a) Employee observation. The employer shall provide affected employees, or their designated representatives, an opportunity to observe any monitoring of employee exposure to DBCP conducted under subsection (6) of this section.

     (b) Observation procedures.

     (i) Whenever observation of the measuring or monitoring of employee exposure to DBCP requires entry into an area where the use of protective clothing or equipment is required, the employer shall provide the observer with personal protective clothing or equipment required to be worn by employees working in the area, assure 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 or measurement, observers shall be entitled to:

     (A) Receive an explanation of the measurement procedures;

     (B) Observe all steps related to the measurement of airborne concentrations of DBCP performed at the place of exposure; and

     (C) Record the results obtained.

     (19) Appendices. The information contained in the appendices is not intended, by itself, to create any additional obligations not otherwise imposed or to detract from any existing obligation.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-62-07342, filed 5/9/01, effective 9/1/01; 99-10-071, § 296-62-07342, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 96-09-030, § 296-62-07342, filed 4/10/96, effective 6/1/96; 88-11-021 (Order 88-04), § 296-62-07342, filed 5/11/88.]

     (2) Definitions.

     (a) "Action level" - a concentration of inorganic arsenic of 5 micrograms per cubic meter of air (5 ΅g/m³) averaged over any eight-hour period.

     (b) "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 right to observe monitoring and measuring procedures under subsection (5) of this section.

     (c) "Director" - the director of the department of labor and industries, or his/her designated representative.

     (d) "Inorganic arsenic" - copper aceto-arsenite and all inorganic compounds containing arsenic except arsine, measured as arsenic (As).

     (3) Permissible exposure limit. The employer shall assure that no employee is exposed to inorganic arsenic at concentrations greater than 10 micrograms per cubic meter of air (10 ΅g/m³), averaged over any eight-hour period.

     (4) Notification of use.

     (a) Within sixty days after the introduction of inorganic arsenic into the workplace, every employer who is required to establish a regulated area in his/her workplaces shall report in writing to the department of labor and industries for each such workplace:

     (i) The address of each such workplace;

     (ii) The approximate number of employees who will be working in regulated areas; and

     (iii) A brief summary of the operations creating the exposure and the actions which the employer intends to take to reduce exposures.

     (b) Whenever there has been a significant change in the information required by subsection (4)(a) of this section, the employer shall report the changes in writing within sixty days to the department of labor and industries.

     (5) Exposure monitoring.

     (a) General.

     (i) Determinations of airborne exposure levels shall be made from air samples that are representative of each employee's exposure to inorganic arsenic over an eight-hour period.

     (ii) For the purposes of this section, employee exposure is that exposure which would occur if the employee were not using a respirator.

     (iii) The employer shall collect full shift (for at least seven continuous hours) personal samples including at least one sample for each shift for each job classification in each work area.

     (b) Initial monitoring. Each employer who has a workplace or work operation covered by this standard shall monitor each such workplace and work operation to accurately determine the airborne concentration of inorganic arsenic to which employees may be exposed.

     (c) Frequency.

     (i) If the initial monitoring reveals employee exposure to be below the action level the measurements need not be repeated except as otherwise provided in subsection (5)(d) of this section.

     (ii) If the initial monitoring, required by this section, or subsequent monitoring reveals employee exposure to be above the permissible exposure limit, the employer shall repeat monitoring at least quarterly.

     (iii) If the initial monitoring, required by this section, or subsequent monitoring reveals employee exposure to be above the action level and below the permissible exposure limit the employee shall repeat monitoring at least every six months.

     (iv) The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least seven days apart, are below the action level at which time the employer may discontinue monitoring for that employee until such time as any of the events in subsection (5)(d) of this section occur.

     (d) Additional monitoring. Whenever there has been a production, process, control or personal change which may result in new or additional exposure to inorganic arsenic, or whenever the employer has any other reason to suspect a change which may result in new or additional exposures to inorganic arsenic, additional monitoring which complies with subsection (5) of this section shall be conducted.

     (e) Employee notification.

     (i) Within five working days after the receipt of monitoring results, the employer shall notify each employee in writing of the results which represent that employee's exposures.

     (ii) Whenever the results indicate that the representative employee exposure exceeds the permissible exposure limit, the employer shall include in the written notice a statement that the permissible exposure limit was exceeded and a description of the corrective action taken to reduce exposure to or below the permissible exposure limit.

     (f) Accuracy of measurement.

     (i) The employer shall use a method of monitoring and measurement which has an accuracy (with a confidence level of 95 percent) of not less than plus or minus 25 percent for concentrations of inorganic arsenic greater than or equal to 10 ΅g/m³.

     (ii) The employer shall use a method of monitoring and measurement which has an accuracy (with confidence level of 95 percent) of not less than plus or minus 35 percent for concentrations of inorganic arsenic greater than 5 ΅g/m³ but less than 10 ΅g/m³.

     (6) Regulated area.

     (a) Establishment. The employer shall establish regulated areas where worker exposures to inorganic arsenic, without regard to the use of respirators, are in excess of the permissible limit.

     (b) Demarcation. Regulated areas shall be demarcated and segregated from the rest of the workplace in any manner that minimizes the number of persons who will be exposed to inorganic arsenic.

     (c) Access. Access to regulated areas shall be limited to authorized persons or to persons otherwise authorized by the Act or regulations issued pursuant thereto to enter such areas.

     (d) Provision of respirators. All persons entering a regulated area shall be supplied with a respirator, selected in accordance with subsection (8)(c) of this section.

     (e) Prohibited activities. The employer shall assure that in regulated areas, food or beverages are not consumed, smoking products, chewing tobacco and gum are not used and cosmetics are not applied, except that these activities may be conducted in the lunchrooms, change rooms and showers required under subsection (12) of this section. Drinking water may be consumed in the regulated area.

     (7) Methods of compliance.

     (a) Controls.

     (i) The employer shall institute engineering and work practice controls to reduce exposures to or below the permissible exposure limit, except to the extent that the employer can establish that such controls are not feasible.

     (ii) Where engineering and work practice controls are not sufficient to reduce exposures to or below the permissible exposure limit, they shall nonetheless be used to reduce exposures to the lowest levels achievable by these controls and shall be supplemented by the use of respirators in accordance with subsection (8) of this section and other necessary personal protective equipment. Employee rotation is not required as a control strategy before respiratory protection is instituted.

     (b) Compliance program.

     (i) The employer shall establish and implement a written program to reduce exposures to or below the permissible exposure limit by means of engineering and work practice controls.

     (ii) Written plans for these compliance programs shall include at least the following:

     (A) A description of each operation in which inorganic arsenic is emitted; e.g., machinery used, material processed, controls in place, crew size, operating procedures and maintenance practices;

     (B) Engineering plans and studies used to determine methods selected for controlling exposure to inorganic arsenic;

     (C) A report of the technology considered in meeting the permissible exposure limit;

     (D) Monitoring data;

     (E) A detailed schedule for implementation of the engineering controls and work practices that cannot be implemented immediately and for the adaption and implementation of any additional engineering and work practices necessary to meet the permissible exposure limit;

     (F) Whenever the employer will not achieve the permissible exposure limit with engineering controls and work practices, the employer shall include in the compliance plan an analysis of the effectiveness of the various controls, shall install engineering controls and institute work practices on the quickest schedule feasible, and shall include in the compliance plan and implement a program to minimize the discomfort and maximize the effectiveness of respirator use; and

     (G) Other relevant information.

     (iii) Written plans for such a program shall be submitted upon request to the director, and shall be available at the worksite for examination and copying by the director, any affected employee or authorized employee representatives.

     (iv) The plans required by this subsection shall 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 respirators that comply with the requirements of this subsection. Respirators must be used during:

     (i) Period necessary to install or implement feasible engineering or work-practice controls;

     (ii) Work operations, such as maintenance and repair activities, in which the employer establishes that engineering and work-practice controls are not feasible;

     (iii) Work operations for which engineering work-practice controls are not yet sufficient to reduce employee exposures to or below the permissible exposure limit;

     (iv) Emergencies.

     (b) Respirator program.

     (i) The employer must establish, implement, and maintain a respiratory protection program as required by chapter 296-62 WAC, Part E (except WAC 296-62-07130(1) and 296-62-07150 through 296-62-07156).

     (ii) If an employee exhibits breathing difficulty during fit testing or respirator use, they must be examined by a physician trained in pulmonary medicine to determine whether they can use a respirator while performing the required duty.

     (c) Respirator selection.

     (i) The employer must use Table I of this section to select the appropriate respirator or combination of respirators for inorganic arsenic compounds without significant vapor pressure, and Table II of this section to select the appropriate respirator or combination of respirators for inorganic arsenic compounds that have significant vapor pressure.

     (ii) Where employee exposures exceed the permissible exposure limit for inorganic arsenic and also exceed the relevant limit for other gases (for example, sulfur dioxide), any air-purifying respirator provided to the employee as specified by this section must have a combination high-efficiency filter with an appropriate gas sorbent. (See footnote in Table I)

     (iii) Employees required to use respirators may choose, and the employer must provide, a powered air-purifying respirator if it will provide proper protection. In addition, the employer must provide a combination dust and acid-gas respirator to employees who are exposed to gases over the relevant exposure limits.

TABLE I

RESPIRATORY PROTECTION FOR INORGANIC ARSENIC

PARTICULATE EXCEPT FOR THOSE WITH SIGNIFICANT VAPOR

PRESSURE

TABLE II

RESPIRATORY PROTECTION FOR INORGANIC ARSENICALS

(SUCH AS ARSENIC TRICHLORIDE² AND ARSENIC PHOSPHIDE)

WITH SIGNIFICANT VAPOR PRESSURE

     (10) Protective work clothing and equipment.

     (a) Provision and use. Where the possibility of skin or eye irritation from inorganic arsenic exists, and for all workers working in regulated areas, the employer shall provide at no cost to the employee and assure that employees use appropriate and clean protective work clothing and equipment such as, but not limited to:

     (i) Coveralls or similar full-body work clothing;

     (ii) Gloves, and shoes or coverlets;

     (iii) Face shields or vented goggles when necessary to prevent eye irritation, which comply with the requirements of WAC 296-800-160.

     (iv) Impervious clothing for employees subject to exposure to arsenic trichloride.

     (b) Cleaning and replacement.

     (i) The employer shall provide the protective clothing required in subsection (10)(a) of this section in a freshly laundered and dry condition at least weekly, and daily if the employee works in areas where exposures are over 100 ΅g/m³ of inorganic arsenic or in areas where more frequent washing is needed to prevent skin irritation.

     (ii) The employer shall clean, launder, or dispose of protective clothing required by subsection (10)(a) of this section.

     (iii) The employer shall repair or replace the protective clothing and equipment as needed to maintain their effectiveness.

     (iv) The employer shall assure that all protective clothing is removed at the completion of a work shift only in change rooms prescribed in subsection (13)(a) of this section.

     (v) The employer shall assure that contaminated protective clothing which is to be cleaned, laundered, or disposed of, is placed in a closed container in the change-room which prevents dispersion of inorganic arsenic outside the container.

     (vi) The employer shall inform in writing any person who cleans or launders clothing required by this section, of the potentially harmful affects including the carcinogenic effects of exposure to inorganic arsenic.

     (vii) The employer shall assure that the containers of contaminated protective clothing and equipment in the workplace or which are to be removed from the workplace are labeled as follows:

     Caution: Clothing contaminated with inorganic arsenic; do not remove dust by blowing or shaking. Dispose of inorganic arsenic contaminated wash water in accordance with applicable local, state, or federal regulations.

     (viii) The employer shall prohibit the removal of inorganic arsenic from protective clothing or equipment by blowing or shaking.

     (11) Housekeeping.

     (a) Surfaces. All surfaces shall be maintained as free as practicable of accumulations of inorganic arsenic.

     (b) Cleaning floors. Floors and other accessible surfaces contaminated with inorganic arsenic may not be cleaned by the use of compressed air, and shoveling and brushing may be used only where vacuuming or other relevant methods have been tried and found not to be effective.

     (c) Vacuuming. Where vacuuming methods are selected, the vacuums shall be used and emptied in a manner to minimize the reentry of inorganic arsenic into the workplace.

     (d) Housekeeping plan. A written housekeeping and maintenance plan shall be kept which shall list appropriate frequencies for carrying out housekeeping operations, and for cleaning and maintaining dust collection equipment. The plan shall be available for inspection by the director.

     (e) Maintenance of equipment. Periodic cleaning of dust collection and ventilation equipment and checks of their effectiveness shall be carried out to maintain the effectiveness of the system and a notation kept of the last check of effectiveness and cleaning or maintenance.

     (12) Reserved.

     (13) Hygiene facilities and practices.

     (a) Change rooms. The employer shall provide for employees working in regulated areas or subject to the possibility of skin or eye irritation from inorganic arsenic, clean change rooms equipped with storage facilities for street clothes and separate storage facilities for protective clothing and equipment in accordance with WAC ((296-24-12011)) 296-800-230.

     (b) Showers.

     (i) The employer shall assure that employees working in regulated areas or subject to the possibility of skin or eye irritation from inorganic arsenic shower at the end of the work shift.

     (ii) The employer shall provide shower facilities in accordance with WAC ((296-24-12009(3))) 296-800-230.

     (c) Lunchrooms.

     (i) The employer shall provide for employees working in regulated areas, lunchroom facilities which have a temperature controlled, positive pressure, filtered air supply, and which are readily accessible to employees working in regulated areas.

     (ii) The employer shall assure that employees working in the regulated area or subject to the possibility of skin or eye irritation from exposure to inorganic arsenic wash their hands and face prior to eating.

     (d) Lavatories. The employer shall provide lavatory facilities which comply with WAC 296-800-230.

     (e) Vacuuming clothes. The employer shall provide facilities for employees working in areas where exposure, without regard to the use of respirators, exceeds 100 ΅g/m³ to vacuum their protective clothing and clean or change shoes worn in such areas before entering change rooms, lunchrooms or shower rooms required by subsection (10) of this section and shall assure that such employees use such facilities.

     (f) Avoidance of skin irritation. The employer shall assure that no employee is exposed to skin or eye contact with arsenic trichloride, or to skin or eye contact with liquid or particulate inorganic arsenic which is likely to cause skin or eye irritation.

     (14) Medical surveillance.

     (a) General.

     (i) Employees covered. The employer shall institute a medical surveillance program for the following employees:

     (A) All employees who are or will be exposed above the action level, without regard to the use of respirators, at least thirty days per year; and

     (B) All employees who have been exposed above the action level, without regard to respirator use, for thirty days or more per year for a total of ten years or more of combined employment with the employer or predecessor employers prior to or after the effective date of this standard. The determination of exposures prior to the effective date of this standard shall be based upon prior exposure records, comparison with the first measurements taken after the effective date of this standard, or comparison with records of exposures in areas with similar processes, extent of engineering controls utilized and materials used by that employer.

     (ii) Examination by physician. The employer shall assure that all medical examinations and procedures are performed by or under the supervision of a licensed physician, and shall be provided without cost to the employee, without loss of pay and at a reasonable time and place.

     (b) Initial examinations. For employees initially covered by the medical provisions of this section, or thereafter at the time of initial assignment to an area where the employee is likely to be exposed over the action level at least thirty days per year, the employer shall provide each affected employee an opportunity for a medical examination, including at least the following elements:

     (i) A work history and a medical history which shall include a smoking history and the presence and degree of respiratory symptoms such as breathlessness, cough, sputum production and wheezing.

     (ii) A medical examination which shall include at least the following:

     (A) A 14" by 17" posterior-anterior chest X ray and International Labor Office UICC/Cincinnati (ILO U/C) rating;

     (B) A nasal and skin examination; and

     (C) Other examinations which the physician believes appropriate because of the employees exposure to inorganic arsenic or because of required respirator use.

     (c) Periodic examinations.

     (i) The employer shall provide the examinations specified in subsection (14)(b)(i) and (ii)(A), (B) and (C) of this section at least annually for covered employees who are under forty-five years of age with fewer than ten years of exposure over the action level without regard to respirator use.

     (ii) The employer shall provide the examinations specified in subsection (14)(b)(i) and (ii)(B) and (C) of this section at least semi-annually, and the X-ray requirements specified in subsection (14)(b)(ii)(A) of this section at least annually, for other covered employees.

     (iii) Whenever a covered employee has not taken the examinations specified in subsection (14)(b)(i) and (ii)(B) and (C) of this section within six months preceding the termination of employment, the employer shall provide such examinations to the employee upon termination of employment.

     (d) Additional examinations. If the employee for any reason develops signs or symptoms commonly associated with exposure to inorganic arsenic the employer shall provide an appropriate examination and emergency medical treatment.

     (e) Information provided to the physician. The employer shall 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 or anticipated exposure level;

     (iv) A description of any personal protective equipment used or to be used; and

     (v) Information from previous medical examinations of the affected employee which is not readily available to the examining physician.

     (f) Physician's written opinion.

     (i) The employer shall obtain a written opinion from the examining physician which shall include:

     (A) The results of the medical examination and tests performed;

     (B) The physician's opinion as to whether the employee has any detected medical conditions which would place the employee at increased risk of material impairment of the employee's health from exposure to inorganic arsenic;

     (C) Any recommended limitations upon the employee's exposure to inorganic arsenic or upon the use of protective clothing or 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 shall instruct the physician not to reveal in the written opinion specific findings or diagnoses unrelated to occupational exposure.

     (iii) The employer shall provide a copy of the written opinion to the affected employee.

     (15) Employee information and training.

     (a) Training program.

     (i) The employer shall institute a training program for all employees who are subject to exposure to inorganic arsenic above the action level without regard to respirator use, or for whom there is the possibility of skin or eye irritation from inorganic arsenic. The employer shall assure that those employees participate in the training program.

     (ii) The training program shall be provided for employees covered by this provision, at the time of initial assignment for those subsequently covered by this provision, and shall be repeated at least quarterly for employees who have optional use of respirators and at least annually for other covered employees thereafter, and the employer shall assure that each employee is informed of the following:

     (A) The information contained in Appendix A;

     (B) The quantity, location, manner of use, storage, sources of exposure, and the specific nature of operations which could result in exposure to inorganic arsenic as well as any necessary protective steps;

     (C) The purpose, proper use, and limitation of respirators;

     (D) The purpose and a description of medical surveillance program as required by subsection (14) of this section;

     (E) The engineering controls and work practices associated with the employee's job assignment; and

     (F) A review of this standard.

     (b) Access to training materials.

     (i) The employer shall make readily available to all affected employees a copy of this standard and its appendices.

     (ii) The employer shall provide, upon request, all materials relating to the employee information and training program to the director.

     (16) Signs and labels.

     (a) General.

     (i) 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.

     (ii) The employer shall assure that no statement appears on or near any sign or label required by this subsection which contradicts or detracts from the meaning of the required sign or label.

     (b) Signs.

     (i) The employer shall post signs demarcating regulated areas bearing the legend:

DANGER

INORGANIC ARSENIC

CANCER HAZARD

AUTHORIZED PERSONNEL ONLY

NO SMOKING OR EATING

RESPIRATOR REQUIRED

     (ii) The employer shall assure that signs required by this subsection are illuminated and cleaned as necessary so that the legend is readily visible.

     (c) Labels. The employer shall apply precautionary labels to all shipping and storage containers of inorganic arsenic, and to all products containing inorganic arsenic except when the inorganic arsenic in the product is bound in such a manner so as to make unlikely the possibility of airborne exposure to inorganic arsenic. (Possible examples of products not requiring labels are semiconductors, light emitting diodes and glass.) The label shall bear the following legend:

DANGER

CONTAINS INORGANIC ARSENIC

CANCER HAZARD

HARMFUL IF INHALED OR SWALLOWED

USE ONLY WITH ADEQUATE VENTILATION OR RESPIRATORY PROTECTION

     (17) Recordkeeping.

     (a) Exposure monitoring.

     (i) The employer shall establish and maintain an accurate record of all monitoring required by subsection (5) of this section.

     (ii) This record shall include:

     (A) The date(s), number, duration location, and results of each of the samples taken, including a description of the sampling procedure used to determine representative employee exposure where applicable;

     (B) A description of the sampling and analytical methods used and evidence of their accuracy;

     (C) The purpose, proper use, limitations, and other training requirements covering respiratory protection as required in chapter 296-62 WAC, Part E;

     (D) Name, Social Security number, and job classification of the employees monitored and of all other employees whose exposure the measurement is intended to represent; and

     (E) The environmental variables that could affect the measurement of the employee's exposure.

     (iii) The employer shall maintain these monitoring records for at least forty years or for the duration of employment plus twenty years, whichever is longer.

     (b) Medical surveillance.

     (i) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance as required by subsection (14) of this section.

     (ii) This record shall include:

     (A) The name, Social Security number, and description of duties of the employee;

     (B) A copy of the physician's written opinions;

     (C) Results of any exposure monitoring done for that employee and the representative exposure levels supplied to the physician; and

     (D) Any employee medical complaints related to exposure to inorganic arsenic.

     (iii) The employer shall in addition keep, or assure that the examining physician keeps, the following medical records:

     (A) A copy of the medical examination results including medical and work history required under subsection (14) of this section;

     (B) A description of the laboratory procedures and a copy of any standards or guidelines used to interpret the test results or references to that information;

     (C) The initial X ray;

     (D) The X rays for the most recent five years; and

     (E) Any X rays with a demonstrated abnormality and all subsequent X rays.

     (iv) The employer shall maintain or assure that the physician maintains those medical records for at least forty years, or for the duration of employment, plus twenty years, whichever is longer.

     (c) Availability.

     (i) The employer shall make available upon request all records required to be maintained by subsection (17) of this section to the director for examination and copying.

     (ii) Records required by this subsection shall be provided upon request to employees, designated representatives, and the assistant director in accordance with WAC 296-62-05201 through 296-62-05209 and 296-62-05213 through 296-62-05217.

     (iii) The employer shall make available upon request an employee's medical records and exposure records representative of that employee's exposure required to be maintained by subsection (17) of this section to the affected employee or former employee or to a physician designated by the affected employee or former employee.

     (d) Transfer of records.

     (i) Whenever the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by this section.

     (ii) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records required to be maintained by this section for the prescribed period, these records shall be transmitted to the director.

     (iii) At the expiration of the retention period for the records required to be maintained by this section, the employer shall notify the director at least three months prior to the disposal of such records and shall transmit those records to the director if he requests them within that period.

     (iv) The employer shall also comply with any additional requirements involving transfer of records set forth in WAC 296-62-05215.

     (18) Observation of monitoring.

     (a) Employee observation. The employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to inorganic arsenic conducted pursuant to subsection (5) of this section.

     (b) Observation procedures.

     (i) Whenever observation of the monitoring of employee exposure to inorganic arsenic requires entry into an area where the use of respirators, protective clothing, or equipment is required, the employer shall provide the observer with and assure the use of such respirators, clothing, and such equipment, and shall require the observer to comply with all other applicable safety and health procedures.

     (ii) Without interfering with the monitoring, observers shall be entitled to;

     (A) Receive an explanation of the measurement procedures;

     (B) Observe all steps related to the monitoring of inorganic arsenic performed at the place of exposure; and

     (C) Record the results obtained or receive copies of the results when returned by the laboratory.

     (19) Appendices. The information contained in the appendices to this section is not intended by itself, to create any additional obligations not otherwise imposed by this standard nor detract from any existing obligation.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-62-07347, filed 5/9/01, effective 9/1/01; 99-17-094, § 296-62-07347, filed 8/17/99, effective 12/1/99; 99-10-071, § 296-62-07347, filed 5/4/99, effective 9/1/99; 98-02-030, § 296-62-07347, filed 12/31/97, effective 1/31/98. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), § 296-62-07347, filed 7/20/94, effective 9/20/94. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), § 296-62-07347, filed 8/27/81; 81-16-015 (Order 81-20), § 296-62-07347, filed 7/27/81; 79-08-115 (Order 79-9), § 296-62-07347, filed 7/31/79; 79-02-037 (Order 79-1), § 296-62-07347, filed 1/23/79.]

     (2) Change rooms. The employer shall assure that change rooms are equipped with separate storage facilities for street clothes and for protective clothing and equipment, which are designed to prevent dispersion of cadmium and contamination of the employee's street clothes.

     (3) Showers and handwashing facilities.

     (a) The employer shall assure that employees who are exposed to cadmium above the PEL shower during the end of the work shift.

     (b) The employer shall assure that employees whose airborne exposure to cadmium is above the PEL wash their hands and faces prior to eating, drinking, smoking, chewing tobacco or gum, or applying cosmetics.

     (4) Lunchroom facilities.

     (a) The employer shall assure that the lunchroom facilities are readily accessible to employees, that tables for eating are maintained free of cadmium, and that no employee in a lunchroom facility is exposed at any time to cadmium at or above a concentration of 2.5 ΅g/m³.

     (b) The employer shall assure that employees do not enter lunchroom facilities with protective work clothing or equipment unless surface cadmium has been removed from the clothing and equipment by HEPA vacuuming or some other method that removes cadmium dust without dispersing it.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-62-07419, filed 5/9/01, effective 9/1/01. Statutory Authority: Chapter 49.17 RCW. 93-07-044 (Order 93-01), § 296-62-07419, filed 3/13/93, effective 4/27/93.]

     (a) This section applies to all occupational exposures to 1,3-Butadiene (BD), Chemical Abstracts Service Registry No. 106-99-0, except as provided in (b) of this subsection.

     (b)(i) Except for the recordkeeping provisions in subsection (13)(a) of this section, this section does not apply to the processing, use, or handling of products containing BD or to other work operations and streams in which BD is present where objective data are reasonably relied upon that demonstrate the work operation or the product or the group of products or operations to which it belongs may not reasonably be foreseen to release BD in airborne concentrations at or above the action level or in excess of the STEL under the expected conditions of processing, use, or handling that will cause the greatest possible release or in any plausible accident.

     (ii) This section also does not apply to work operations, products or streams where the only exposure to BD is from liquid mixtures containing 0.1% or less of BD by volume or the vapors released from such liquids, unless objective data become available that show that airborne concentrations generated by such mixtures can exceed the action level or STEL under reasonably predictable conditions of processing, use or handling that will cause the greatest possible release.

     (iii) Except for labeling requirements and requirements for emergency response, this section does not apply to the storage, transportation, distribution or sale of BD or liquid mixtures in intact containers or in transportation pipelines sealed in such a manner as to fully contain BD vapors or liquids.

     (c) Where products or processes containing BD are exempted under (b) of this subsection, the employer shall maintain records of the objective data supporting that exemption and the basis for the employer's reliance on the data, as provided in subsection (13)(a) of this section.

     (2) Definitions: For the purpose of this section, the following definitions shall apply:

     "Action level" means a concentration of airborne BD of 0.5 ppm calculated as an 8-hour time-weighted average.

     "Director" means the director of the department of labor and industries, or authorized representatives.

     "Authorized person" means any person specifically designated by the employer, whose duties require entrance into a regulated area, or a person entering such an area as a designated representative of employees to exercise the right to observe monitoring and measuring procedures under subsection (4)(h) of this section, or a person designated under the WISH Act or regulations issued under the WISH Act to enter a regulated area.

     "1,3-Butadiene" means an organic compound with chemical formula CH(2)=CH-CH=CH(2) that has a molecular weight of approximately 54.15 gm/mole.

     "Business day" means any Monday through Friday, except those days designated as federal, state, local or company specific holidays.

     "Complete blood count (CBC)" means laboratory tests performed on whole blood specimens and includes the following: White blood cell count (WBC), hematocrit (Hct), red blood cell count (RBC), hemoglobin (Hgb), differential count of white blood cells, red blood cell morphology, red blood cell indices, and platelet count.

     "Day" means any part of a calendar day.

     "Emergency situation" means any occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment that may or does result in an uncontrolled significant release of BD.

     "Employee exposure" means exposure of a worker to airborne concentrations of BD which would occur if the employee were not using respiratory protective equipment.

     "Objective data" means monitoring data, or mathematical modelling or calculations based on composition, chemical and physical properties of a material, stream or product.

     "Permissible exposure limits (PELs)" means either the 8-hour time-weighted average (8-hour TWA) exposure or the short-term exposure limit (STEL).

     "Physician or other licensed health care professional" is an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows him or her to independently provide or be delegated the responsibility to provide one or more of the specific health care services required by (k) of this subsection.

     "Regulated area" means any area where airborne concentrations of BD exceed or can reasonably be expected to exceed the 8-hour time-weighted average (8-hour TWA) exposure of 1 ppm or the short-term exposure limit (STEL) of 5 ppm for 15 minutes.

     "This section" means this 1,3-butadiene standard.

     (3) Permissible exposure limits (PELs).

     (a) Time-weighted average (TWA) limit. The employer shall ensure that no employee is exposed to an airborne concentration of BD in excess of one part BD per million parts of air (ppm) measured as an eight (8)-hour time-weighted average.

     (b) Short-term exposure limit (STEL). The employer shall ensure that no employee is exposed to an airborne concentration of BD in excess of five parts of BD per million parts of air (5 ppm) as determined over a sampling period of fifteen minutes.

     (4) Exposure monitoring.

     (a) General.

     (i) Determinations of employee exposure shall be made from breathing zone air samples that are representative of the 8-hour TWA and 15-minute short-term exposures of each employee.

     (ii) Representative 8-hour TWA employee exposure shall be determined on the basis of one or more samples representing full-shift exposure for each shift and for each job classification in each work area.

     (iii) Representative 15-minute short-term employee exposures shall be determined on the basis of one or more samples representing 15-minute exposures associated with operations that are most likely to produce exposures above the STEL for each shift and for each job classification in each work area.

     (iv) Except for the initial monitoring required under (b) of this subsection, where the employer can document that exposure levels are equivalent for similar operations on different work shifts, the employer need only determine representative employee exposure for that operation from the shift during which the highest exposure is expected.

     (b) Initial monitoring.

     (i) Each employer who has a workplace or work operation covered by this section, shall perform initial monitoring to determine accurately the airborne concentrations of BD to which employees may be exposed, or shall rely on objective data pursuant to subsection (1)(b)(i) of this section to fulfill this requirement.

     (ii) Where the employer has monitored within two years prior to the effective date of this section and the monitoring satisfies all other requirements of this section, the employer may rely on such earlier monitoring results to satisfy the requirements of (b)(i) of this subsection, provided that the conditions under which the initial monitoring was conducted have not changed in a manner that may result in new or additional exposures.

     (c) Periodic monitoring and its frequency.

     (i) If the initial monitoring required by (b) of this subsection reveals employee exposure to be at or above the action level but at or below both the 8-hour TWA limit and the STEL, the employer shall repeat the representative monitoring required by (a) of this subsection every twelve months.

     (ii) If the initial monitoring required by (b) of this subsection reveals employee exposure to be above the 8-hour TWA limit, the employer shall repeat the representative monitoring required by (a)(ii) of this subsection at least every three months until the employer has collected two samples per quarter (each at least 7 days apart) within a two-year period, after which such monitoring must occur at least every six months.

     (iii) If the initial monitoring required by (b) of this subsection reveals employee exposure to be above the STEL, the employer shall repeat the representative monitoring required by (a)(iii) of this subsection at least every three months until the employer has collected two samples per quarter (each at least 7 days apart) within a two-year period, after which such monitoring must occur at least every six months.

     (iv) The employer may alter the monitoring schedule from every six months to annually for any required representative monitoring for which two consecutive measurements taken at least 7 days apart indicate that employee exposure has decreased to or below the 8-hour TWA, but is at or above the action level.

     (d) Termination of monitoring.

     (i) If the initial monitoring required by (b) of this subsection reveals employee exposure to be below the action level and at or below the STEL, the employer may discontinue the monitoring for employees whose exposures are represented by the initial monitoring.

     (ii) If the periodic monitoring required by (c) of this subsection reveals that employee exposures, as indicated by at least two consecutive measurements taken at least 7 days apart, are below the action level and at or below the STEL, the employer may discontinue the monitoring for those employees who are represented by such monitoring.

     (e) Additional monitoring.

     (i) The employer shall institute the exposure monitoring required under subsection (4) of this section whenever there has been a change in the production, process, control equipment, personnel or work practices that may result in new or additional exposures to BD or when the employer has any reason to suspect that a change may result in new or additional exposures.

     (ii) Whenever spills, leaks, ruptures or other breakdowns occur that may lead to employee exposure above the 8-hour TWA limit or above the STEL, the employer shall monitor (using leak source, such as direct reading instruments, area or personal monitoring), after the cleanup of the spill or repair of the leak, rupture or other breakdown, to ensure that exposures have returned to the level that existed prior to the incident.

     (f) Accuracy of monitoring.

     Monitoring shall be accurate, at a confidence level of 95 percent, to within plus or minus 25 percent for airborne concentrations of BD at or above the 1 ppm TWA limit and to within plus or minus 35 percent for airborne concentrations of BD at or above the action level of 0.5 ppm and below the 1 ppm TWA limit.

     (g) Employee notification of monitoring results.

     (i) The employer shall, within 5 business days after the receipt of the results of any monitoring performed under this section, notify the affected employees of these results in writing either individually or by posting of results in an appropriate location that is accessible to affected employees.

     (ii) The employer shall, within 15 business days after receipt of any monitoring performed under this section indicating the 8-hour TWA or STEL has been exceeded, provide the affected employees, in writing, with information on the corrective action being taken by the employer to reduce employee exposure to or below the 8-hour TWA or STEL and the schedule for completion of this action.

     (h) Observation of monitoring.

     (i) Employee observation. The employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to BD conducted in accordance with this section.

     (ii) Observation procedures. When observation of the monitoring of employee exposure to BD requires entry into an area where the use of protective clothing or equipment is required, the employer shall provide the observer at no cost with protective clothing and equipment, and shall ensure that the observer uses this equipment and complies with all other applicable safety and health procedures.

     (5) Regulated areas.

     (a) The employer shall establish a regulated area wherever occupational exposures to airborne concentrations of BD exceed or can reasonably be expected to exceed the permissible exposure limits, either the 8-hour TWA or the STEL.

     (b) Access to regulated areas shall be limited to authorized persons.

     (c) Regulated areas shall be demarcated from the rest of the workplace in any manner that minimizes the number of employees exposed to BD within the regulated area.

     (d) An employer at a multiemployer worksite who establishes a regulated area shall communicate the access restrictions and locations of these areas to other employers with work operations at that worksite whose employees may have access to these areas.

     (6) Methods of compliance.

     (a) Engineering controls and work practices.

     (i) The employer shall institute engineering controls and work practices to reduce and maintain employee exposure to or below the PELs, except to the extent that the employer can establish that these controls are not feasible or where subsection (8)(a)(i) of this section applies.

     (ii) Wherever the feasible engineering controls and work practices which can be instituted are not sufficient to reduce employee exposure to or below the 8-hour TWA or STEL, the employer shall use them to reduce employee exposure to the lowest levels achievable by these controls and shall supplement them by the use of respiratory protection that complies with the requirements of subsection (8) of this section.

     (b) Compliance plan.

     (i) Where any exposures are over the PELs, the employer shall establish and implement a written plan to reduce employee exposure to or below the PELs primarily by means of engineering and work practice controls, as required by (a) of this subsection, and by the use of respiratory protection where required or permitted under this section. No compliance plan is required if all exposures are under the PELs.

     (ii) The written compliance plan shall include a schedule for the development and implementation of the engineering controls and work practice controls including periodic leak detection surveys.

     (iii) Copies of the compliance plan required in (b) of this subsection shall be furnished upon request for examination and copying to the director, affected employees and designated employee representatives. Such plans shall be reviewed at least every 12 months, and shall be updated as necessary to reflect significant changes in the status of the employer's compliance program.

     (iv) The employer shall not implement a schedule of employee rotation as a means of compliance with the PELs.

     (7) Exposure goal program.

     (a) For those operations and job classifications where employee exposures are greater than the action level, in addition to compliance with the PELs, the employer shall have an exposure goal program that is intended to limit employee exposures to below the action level during normal operations.

     (b) Written plans for the exposure goal program shall be furnished upon request for examination and copying to the director, affected employees and designated employee representatives.

     (c) Such plans shall be updated as necessary to reflect significant changes in the status of the exposure goal program.

     (d) Respirator use is not required in the exposure goal program.

     (e) The exposure goal program shall include the following items unless the employer can demonstrate that the item is not feasible, will have no significant effect in reducing employee exposures, or is not necessary to achieve exposures below the action level:

     (i) A leak prevention, detection, and repair program.

     (ii) A program for maintaining the effectiveness of local exhaust ventilation systems.

     (iii) The use of pump exposure control technology such as, but not limited to, mechanical double-sealed or seal-less pumps.

     (iv) Gauging devices designed to limit employee exposure, such as magnetic gauges on rail cars.

     (v) Unloading devices designed to limit employee exposure, such as a vapor return system.

     (vi) A program to maintain BD concentration below the action level in control rooms by use of engineering controls.

     (8) Respiratory protection.

     (a) General. For employees who use respirators required by this section, the employer must provide respirators that comply 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) Nonroutine work operations that are performed infrequently and for which exposures are limited in duration;

     (iii) Work operations for which feasible engineering controls and work-practice controls are not yet sufficient to reduce employee exposures to or below the PELs;

     (iv) Emergencies.

     (b) Respirator program.

     (i) The employer must implement a respiratory protection program as required by chapter 296-62 WAC, Part E (except WAC 296-62-07130(1), 296-62-07131 (4)(b)(i) and (ii), and 296-62-07150 through 296-62-07156).

     (ii) If air-purifying respirators are used, the employer must replace the air-purifying filter elements according to the replacement schedule set for the class of respirators listed in Table 1 of this section, and at the beginning of each work shift.

     (iii) Instead of using the replacement schedule listed in Table 1 of this section, the employer may replace cartridges or canisters at 90% of their expiration service life, provided the employer:

     (A) Demonstrates that employees will be adequately protected by this procedure;

     (B) Uses BD breakthrough data for this purpose that have been derived from tests conducted under worst-case conditions of humidity, temperature, and air-flow rate through the filter element, and the employer also describes the data supporting the cartridge- or canister-change schedule, as well as the basis for using the data in the employer's respirator program.

     (iv) A label must be attached to each filter element to indicate the date and time it is first installed on the respirator.

     (v) If NIOSH approves an end-of-service-life indicator (ESLI) for an air-purifying filter element, the element may be used until the ESLI shows no further useful service life or until the element is replaced at the beginning of the next work shift, whichever occurs first.

     (vi) Regardless of the air-purifying element used, if an employee detects the odor of BD, the employer must replace the air-purifying element immediately.

     (c) Respirator selection.

     (i) The employer must select appropriate respirators from Table 1 of this section.

Table 1. - Minimum Requirements for Respiratory Protection for Airborne BD

     (iii) When an employee whose job requires the use of a respirator cannot use a negative-pressure respirator, the employer must provide the employee with a respirator that has less breathing resistance than the negative-pressure respirator, such as a powered air-purifying respirator or supplied-air respirator, when the employee is able to use it and if it provides the employee adequate protection.

     (9) Protective clothing and equipment. Where appropriate to prevent eye contact and limit dermal exposure to BD, the employer shall provide protective clothing and equipment at no cost to the employee and shall ensure its use. Eye and face protection shall meet the requirements of WAC 296-800-160.

     (10) Emergency situations. Written plan. A written plan for emergency situations shall be developed, or an existing plan shall be modified, to contain the applicable elements specified in WAC 296-24-567, Employee emergency plans and fire prevention plans, and in WAC 296-62-3112, hazardous waste operations and emergency responses, for each workplace where there is a possibility of an emergency.

     (11) Medical screening and surveillance.

     (a) Employees covered. The employer shall institute a medical screening and surveillance program as specified in this subsection for:

     (i) Each employee with exposure to BD at concentrations at or above the action level on 30 or more days or for employees who have or may have exposure to BD at or above the PELs on 10 or more days a year;

     (ii) Employers (including successor owners) shall continue to provide medical screening and surveillance for employees, even after transfer to a non-BD exposed job and regardless of when the employee is transferred, whose work histories suggest exposure to BD:

     (A) At or above the PELs on 30 or more days a year for 10 or more years;

     (B) At or above the action level on 60 or more days a year for 10 or more years; or

     (C) Above 10 ppm on 30 or more days in any past year; and

     (iii) Each employee exposed to BD following an emergency situation.

     (b) Program administration.

     (i) The employer shall ensure that the health questionnaire, physical examination and medical procedures are provided without cost to the employee, without loss of pay, and at a reasonable time and place.

     (ii) Physical examinations, health questionnaires, and medical procedures shall be performed or administered by a physician or other licensed health care professional.

     (iii) Laboratory tests shall be conducted by an accredited laboratory.

     (c) Frequency of medical screening activities. The employer shall make medical screening available on the following schedule:

     (i) For each employee covered under (a)(i) and (ii) of this subsection, a health questionnaire and complete blood count (CBC) with differential and platelet count every year, and a physical examination as specified below:

     (A) An initial physical examination that meets the requirements of this rule, if twelve months or more have elapsed since the last physical examination conducted as part of a medical screening program for BD exposure;

     (B) Before assumption of duties by the employee in a job with BD exposure;

     (C) Every 3 years after the initial physical examination;

     (D) At the discretion of the physician or other licensed health care professional reviewing the annual health questionnaire and CBC;

     (E) At the time of employee reassignment to an area where exposure to BD is below the action level, if the employee's past exposure history does not meet the criteria of (a)(ii) of this subsection for continued coverage in the screening and surveillance program, and if twelve months or more have elapsed since the last physical examination; and

     (F) At termination of employment if twelve months or more have elapsed since the last physical examination.

     (ii) Following an emergency situation, medical screening shall be conducted as quickly as possible, but not later than 48 hours after the exposure.

     (iii) For each employee who must wear a respirator, physical ability to perform the work and use the respirator must be determined as required by WAC 296-62-071.

     (d) Content of medical screening.

     (i) Medical screening for employees covered by (a)(i) and (ii) of this subsection shall include:

     (A) A baseline health questionnaire that includes a comprehensive occupational and health history and is updated annually. Particular emphasis shall be placed on the hematopoietic and reticuloendothelial systems, including exposure to chemicals, in addition to BD, that may have an adverse effect on these systems, the presence of signs and symptoms that might be related to disorders of these systems, and any other information determined by the examining physician or other licensed health care professional to be necessary to evaluate whether the employee is at increased risk of material impairment of health from BD exposure. Health questionnaires shall consist of the sample forms in Appendix C to this section, or be equivalent to those samples;

     (B) A complete physical examination, with special emphasis on the liver, spleen, lymph nodes, and skin;

     (C) A CBC; and

     (D) Any other test which the examining physician or other licensed health care professional deems necessary to evaluate whether the employee may be at increased risk from exposure to BD.

     (ii) Medical screening for employees exposed to BD in an emergency situation shall focus on the acute effects of BD exposure and at a minimum include: A CBC within 48 hours of the exposure and then monthly for three months; and a physical examination if the employee reports irritation of the eyes, nose, throat, lungs, or skin, blurred vision, coughing, drowsiness, nausea, or headache. Continued employee participation in the medical screening and surveillance program, beyond these minimum requirements, shall be at the discretion of the physician or other licensed health care professional.

     (e) Additional medical evaluations and referrals.

     (i) Where the results of medical screening indicate abnormalities of the hematopoietic or reticuloendothelial systems, for which a nonoccupational cause is not readily apparent, the examining physician or other licensed health care professional shall refer the employee to an appropriate specialist for further evaluation and shall make available to the specialist the results of the medical screening.

     (ii) The specialist to whom the employee is referred under this subsection shall determine the appropriate content for the medical evaluation, e.g., examinations, diagnostic tests and procedures, etc.

     (f) Information provided to the physician or other licensed health care professional. The employer shall provide the following information to the examining physician or other licensed health care professional involved in the evaluation:

     (i) A copy of this section including its appendices;

     (ii) A description of the affected employee's duties as they relate to the employee's BD exposure;

     (iii) The employee's actual or representative BD exposure level during employment tenure, including exposure incurred in an emergency situation;

     (iv) A description of pertinent personal protective equipment used or to be used; and

     (v) Information, when available, from previous employment-related medical evaluations of the affected employee which is not otherwise available to the physician or other licensed health care professional or the specialist.

     (g) The written medical opinion.

     (i) For each medical evaluation required by this section, the employer shall ensure that the physician or other licensed health care professional produces a written opinion and provides a copy to the employer and the employee within 15 business days of the evaluation. The written opinion shall be limited to the following information:

     (A) The occupationally pertinent results of the medical evaluation;

     (B) A medical opinion concerning whether the employee has any detected medical conditions which would place the employee's health at increased risk of material impairment from exposure to BD;

     (C) Any recommended limitations upon the employee's exposure to BD; and

     (D) A statement that the employee has been informed of the results of the medical evaluation and any medical conditions resulting from BD exposure that require further explanation or treatment.

     (ii) The written medical opinion provided to the employer shall not reveal specific records, findings, and diagnoses that have no bearing on the employee's ability to work with BD.

Note:

This provision does not negate the ethical obligation of the physician or other licensed health care professional to transmit any other adverse findings directly to the employee.

     (h) Medical surveillance.

     (i) The employer shall ensure that information obtained from the medical screening program activities is aggregated (with all personal identifiers removed) and periodically reviewed, to ascertain whether the health of the employee population of that employer is adversely affected by exposure to BD.

     (ii) Information learned from medical surveillance activities must be disseminated to covered employees, as defined in (a) of this subsection, in a manner that ensures the confidentiality of individual medical information.

     (12) Communication of BD hazards to employees.

     (a) Hazard communication. The employer shall communicate the hazards associated with BD exposure in accordance with the requirements of the chemical hazard communication standard, WAC 296-800-170.

     (b) Employee information and training.

     (i) The employer shall provide all employees exposed to BD with information and training in accordance with the requirements of the chemical hazard communication standard, WAC 296-800-170.

     (ii) The employer shall institute a training program for all employees who are potentially exposed to BD at or above the action level or the STEL, ensure employee participation in the program and maintain a record of the contents of such program.

     (iii) Training shall be provided prior to or at the time of initial assignment to a job potentially involving exposure to BD at or above the action level or STEL and at least annually thereafter.

     (iv) The training program shall be conducted in a manner that the employee is able to understand. The employer shall ensure that each employee exposed to BD over the action level or STEL is informed of the following:

     (A) The health hazards associated with BD exposure, and the purpose and a description of the medical screening and surveillance program required by this section;

     (B) The quantity, location, manner of use, release, and storage of BD and the specific operations that could result in exposure to BD, especially exposures above the PEL or STEL;

     (C) The engineering controls and work practices associated with the employee's job assignment, and emergency procedures and personal protective equipment;

     (D) The measures employees can take to protect themselves from exposure to BD;

     (E) The contents of this standard and its appendices; and

     (F) The right of each employee exposed to BD at or above the action level or STEL to obtain:

     (I) Medical examinations as required by subsection (10) of this section at no cost to the employee;

     (II) The employee's medical records required to be maintained by subsection (13)(c) of this section; and

     (III) All air monitoring results representing the employee's exposure to BD and required to be kept by subsection (13)(b) of this section.

     (c) Access to information and training materials.

     (i) The employer shall make a copy of this standard and its appendices readily available without cost to all affected employees and their designated representatives and shall provide a copy if requested.

     (ii) The employer shall provide to the director, or the designated employee representatives, upon request, all materials relating to the employee information and the training program.

     (13) Recordkeeping.

     (a) Objective data for exemption from initial monitoring.

     (i) Where the processing, use, or handling of products or streams made from or containing BD are exempted from other requirements of this section under subsection (1)(b) of this section, or where objective data have been relied on in lieu of initial monitoring under subsection (4)(b)(ii) of this section, the employer shall establish and maintain a record of the objective data reasonably relied upon in support of the exemption.

     (ii) This record shall include at least the following information:

     (A) The product or activity qualifying for exemption;

     (B) The source of the objective data;

     (C) The testing protocol, results of testing, and analysis of the material for the release of BD;

     (D) A description of the operation exempted and how the data support the exemption; and

     (E) Other data relevant to the operations, materials, processing, or employee exposures covered by the exemption.

     (iii) The employer shall maintain this record for the duration of the employer's reliance upon such objective data.

     (b) Exposure measurements.

     (i) The employer shall establish and maintain an accurate record of all measurements taken to monitor employee exposure to BD as prescribed in subsection (4) of this section.

     (ii) The record shall include at least the following information:

     (A) The date of measurement;

     (B) The operation involving exposure to BD which is being monitored;

     (C) Sampling and analytical methods used and evidence of their accuracy;

     (D) Number, duration, and results of samples taken;

     (E) Type of protective devices worn, if any;

     (F) Name, Social Security number and exposure of the employees whose exposures are represented; and

     (G) The written corrective action and the schedule for completion of this action required by subsection (4)(g)(ii) of this section.

     (iii) The employer shall maintain this record for at least 30 years in accordance with WAC 296-62-052.

     (c) Medical screening and surveillance.

     (i) The employer shall establish and maintain an accurate record for each employee subject to medical screening and surveillance under this section.

     (ii) The record shall include at least the following information:

     (A) The name and Social Security number of the employee;

     (B) Physician's or other licensed health care professional's written opinions as described in subsection (11) (e) of this section;

     (C) A copy of the information provided to the physician or other licensed health care professional as required by subsection (11)(e) of this section.

     (iii) Medical screening and surveillance records shall be maintained for each employee for the duration of employment plus 30 years, in accordance with WAC 296-62-052.

     (d) Availability.

     (i) The employer, upon written request, shall make all records required to be maintained by this section available for examination and copying to the director.

     (ii) Access to records required to be maintained by (a) and (b) of this subsection shall be granted in accordance with WAC 296-62-05209.

     (e) Transfer of records.

     (i) Whenever the employer ceases to do business, the employer shall transfer records required by this section to the successor employer. The successor employer shall receive and maintain these records. If there is no successor employer, the employer shall notify the director, at least three months prior to disposal, and transmit them to the director if requested by the director within that period.

     (ii) The employer shall transfer medical and exposure records as set forth in WAC 296-62-05215.

     (14) Dates.

     (a) Effective date. This section shall become effective (day, month), 1997.

     (b) Start-up dates.

     (i) The initial monitoring required under subsection (4)(b) of this section shall be completed immediately or within sixty days of the introduction of BD into the workplace.

     (ii) The requirements of subsections (3) through (13) of this section, including feasible work practice controls but not including engineering controls specified in subsection (6)(a) of this section, shall be complied with immediately.

     (iii) Engineering controls specified by subsection (6)(a) of this section shall be implemented by February 4, 1999, and the exposure goal program specified in subsection (7) of this section shall be implemented by February 4, 2000.

     (15) Appendices.

     Appendices A, B, C, D, and F to this section are informational and are not intended to create any additional obligations not otherwise imposed or to detract from any existing obligations.

     Appendix A. Substance Safety Data Sheet For 1,3-Butadiene (Non-Mandatory)

     (1) Substance Identification.

     (a) Substance: 1,3-Butadiene (CH(2)=CH-CH=CH(2)).

     (b) Synonyms: 1,3-Butadiene (BD); butadiene; biethylene; bi-vinyl; divinyl; butadiene-1,3; buta-1,3-diene; erythrene; NCI-C50602; CAS-106-99-0.

     (c) BD can be found as a gas or liquid.

     (d) BD is used in production of styrene-butadiene rubber and polybutadiene rubber for the tire industry. Other uses include copolymer latexes for carpet backing and paper coating, as well as resins and polymers for pipes and automobile and appliance parts. It is also used as an intermediate in the production of such chemicals as fungicides.

     (e) Appearance and odor: BD is a colorless, noncorrosive, flammable gas with a mild aromatic odor at standard ambient temperature and pressure.

     (f) Permissible exposure: Exposure may not exceed 1 part BD per million parts of air averaged over the 8-hour workday, nor may short-term exposure exceed 5 parts of BD per million parts of air averaged over any 15-minute period in the 8-hour workday.

     (2) Health Hazard Data.

     (a) BD can affect the body if the gas is inhaled or if the liquid form, which is very cold (cryogenic), comes in contact with the eyes or skin.

     (b) Effects of overexposure: Breathing very high levels of BD for a short time can cause central nervous system effects, blurred vision, nausea, fatigue, headache, decreased blood pressure and pulse rate, and unconsciousness. There are no recorded cases of accidental exposures at high levels that have caused death in humans, but this could occur. Breathing lower levels of BD may cause irritation of the eyes, nose, and throat. Skin contact with liquefied BD can cause irritation and frostbite.

     (c) Long-term (chronic) exposure: BD has been found to be a potent carcinogen in rodents, inducing neoplastic lesions at multiple target sites in mice and rats. A recent study of BD-exposed workers showed that exposed workers have an increased risk of developing leukemia. The risk of leukemia increases with increased exposure to BD. OSHA has concluded that there is strong evidence that workplace exposure to BD poses an increased risk of death from cancers of the lymphohematopoietic system.

     (d) Reporting signs and symptoms: You should inform your supervisor if you develop any of these signs or symptoms and suspect that they are caused by exposure to BD.

     (3) Emergency First-Aid Procedures.

     In the event of an emergency, follow the emergency plan and procedures designated for your work area. If you have been trained in first-aid procedures, provide the necessary first aid measures. If necessary, call for additional assistance from co-workers and emergency medical personnel.

     (a) Eye and Skin Exposures: If there is a potential that liquefied BD can come in contact with eye or skin, face shields and skin protective equipment must be provided and used. If liquefied BD comes in contact with the eye, immediately flush the eyes with large amounts of water, occasionally lifting the lower and the upper lids. Flush repeatedly. Get medical attention immediately. Contact lenses should not be worn when working with this chemical. In the event of skin contact, which can cause frostbite, remove any contaminated clothing and flush the affected area repeatedly with large amounts of tepid water.

     (b) Breathing: If a person breathes in large amounts of BD, move the exposed person to fresh air at once. If breathing has stopped, begin cardiopulmonary resuscitation (CPR) if you have been trained in this procedure. Keep the affected person warm and at rest. Get medical attention immediately.

     (c) Rescue: Move the affected person from the hazardous exposure. If the exposed person has been overcome, call for help and begin emergency rescue procedures. Use extreme caution so that you do not become a casualty. Understand the plant's emergency rescue procedures and know the locations of rescue equipment before the need arises.

     (4) Respirators and Protective Clothing.

     (a) Respirators: Good industrial hygiene practices recommend that engineering and work practice controls be used to reduce environmental concentrations to the permissible exposure level. However, there are some exceptions where respirators may be used to control exposure. Respirators may be used when engineering and work practice controls are not technically feasible, when such controls are in the process of being installed, or when these controls fail and need to be supplemented or during brief, nonroutine, intermittent exposure. Respirators may also be used in situations involving nonroutine work operations which are performed infrequently and in which exposures are limited in duration, and in emergency situations. In some instances cartridge respirator use is allowed, but only with strict time constraints. For example, at exposure below 5 ppm BD, a cartridge (or canister) respirator, either full or half face, may be used, but the cartridge must be replaced at least every 4 hours, and it must be replaced every 3 hours when the exposure is between 5 and 10 ppm.

     If the use of respirators is necessary, the only respirators permitted are those that have been approved by the National Institute for Occupational Safety and Health (NIOSH). In addition to respirator selection, a complete respiratory protection program must be instituted which includes regular training, maintenance, fit testing, inspection, cleaning, and evaluation of respirators. If you can smell BD while wearing a respirator, proceed immediately to fresh air, and change cartridge (or canister) before re-entering an area where there is BD exposure. If you experience difficulty in breathing while wearing a respirator, tell your supervisor.

     (b) Protective Clothing: Employees should be provided with and required to use impervious clothing, gloves, face shields (eight-inch minimum), and other appropriate protective clothing necessary to prevent the skin from becoming frozen by contact with liquefied BD (or a vessel containing liquid BD).

     Employees should be provided with and required to use splash-proof safety goggles where liquefied BD may contact the eyes.

     (5) Precautions for Safe Use, Handling, and Storage.

     (a) Fire and Explosion Hazards: BD is a flammable gas and can easily form explosive mixtures in air. It has a lower explosive limit of 2%, and an upper explosive limit of 11.5%. It has an autoignition temperature of 420 deg. C (788 deg. F). Its vapor is heavier than air (vapor density, 1.9) and may travel a considerable distance to a source of ignition and flash back. Usually it contains inhibitors to prevent self-polymerization (which is accompanied by evolution of heat) and to prevent formation of explosive peroxides. At elevated temperatures, such as in fire conditions, polymerization may take place. If the polymerization takes place in a container, there is a possibility of violent rupture of the container.

     (b) Hazard: Slightly toxic. Slight respiratory irritant. Direct contact of liquefied BD on skin may cause freeze burns and frostbite.

     (c) Storage: Protect against physical damage to BD containers. Outside or detached storage of BD containers is preferred. Inside storage should be in a cool, dry, well-ventilated, noncombustible location, away from all possible sources of ignition. Store cylinders vertically and do not stack. Do not store with oxidizing material.

     (d) Usual Shipping Containers: Liquefied BD is contained in steel pressure apparatus.

     (e) Electrical Equipment: Electrical installations in Class I hazardous locations, as defined in Article 500 of the National Electrical Code, should be in accordance with Article 501 of the Code. If explosion-proof electrical equipment is necessary, it shall be suitable for use in Group B. Group D equipment may be used if such equipment is isolated in accordance with Section 501-5(a) by sealing all conduit 1/2-inch size or larger. See Venting of Deflagrations (NFPA No. 68, 1994), National Electrical Code (NFPA No. 70, 1996), Static Electricity (NFPA No. 77, 1993), Lightning Protection Systems (NFPA No. 780, 1995), and Fire Hazard Properties of Flammable Liquids, Gases and Volatile Solids (NFPA No. 325, 1994).

     (f) Fire Fighting: Stop flow of gas. Use water to keep fire-exposed containers cool. Fire extinguishers and quick drenching facilities must be readily available, and you should know where they are and how to operate them.

     (g) Spill and Leak: Persons not wearing protective equipment and clothing should be restricted from areas of spills or leaks until clean-up has been completed. If BD is spilled or leaked, the following steps should be taken:

     (i) Eliminate all ignition sources.

     (ii) Ventilate area of spill or leak.

     (iii) If in liquid form, for small quantities, allow to evaporate in a safe manner.

     (iv) Stop or control the leak if this can be done without risk. If source of leak is a cylinder and the leak cannot be stopped in place, remove the leaking cylinder to a safe place and repair the leak or allow the cylinder to empty.

     (h) Disposal: This substance, when discarded or disposed of, is a hazardous waste according to Federal regulations (40 CFR part 261). It is listed as hazardous waste number D001 due to its ignitability. The transportation, storage, treatment, and disposal of this waste material must be conducted in compliance with 40 CFR parts 262, 263, 264, 268 and 270. Disposal can occur only in properly permitted facilities. Check state and local regulation of any additional requirements as these may be more restrictive than federal laws and regulation.

     (i) You should not keep food, beverages, or smoking materials in areas where there is BD exposure, nor should you eat or drink in such areas.

     (j) Ask your supervisor where BD is used in your work area and ask for any additional plant safety and health rules.

     (6) Medical Requirements.

     Your employer is required to offer you the opportunity to participate in a medical screening and surveillance program if you are exposed to BD at concentrations exceeding the action level (0.5 ppm BD as an 8-hour TWA) on 30 days or more a year, or at or above the 8-hr TWA (1 ppm) or STEL (5 ppm for 15 minutes) on 10 days or more a year. Exposure for any part of a day counts. If you have had exposure to BD in the past, but have been transferred to another job, you may still be eligible to participate in the medical screening and surveillance program.

     The WISHA rule specifies the past exposures that would qualify you for participation in the program. These past exposure are work histories that suggest the following:

     (a) That you have been exposed at or above the PELs on 30 days a year for 10 or more years;

     (b) That you have been exposed at or above the action level on 60 days a year for 10 or more years; or

     (c) That you have been exposed above 10 ppm on 30 days in any past year.

     Additionally, if you are exposed to BD in an emergency situation, you are eligible for a medical examination within 48 hours. The basic medical screening program includes a health questionnaire, physical examination, and blood test. These medical evaluations must be offered to you at a reasonable time and place, and without cost or loss of pay.

     (7) Observation of Monitoring.

     Your employer is required to perform measurements that are representative of your exposure to BD and you or your designated representative are entitled to observe the monitoring procedure. You are entitled to observe the steps taken in the measurement procedure, and to record the results obtained. When the monitoring procedure is taking place in an area where respirators or personal protective clothing and equipment are required to be worn, you or your representative must also be provided with, and must wear, the protective clothing and equipment.

     (8) Access to Information.

     (a) Each year, your employer is required to inform you of the information contained in this appendix. In addition, your employer must instruct you in the proper work practices for using BD, emergency procedures, and the correct use of protective equipment.

     (b) Your employer is required to determine whether you are being exposed to BD. You or your representative has the right to observe employee measurements and to record the results obtained. Your employer is required to inform you of your exposure. If your employer determines that you are being overexposed, he or she is required to inform you of the actions which are being taken to reduce your exposure to within permissible exposure limits and of the schedule to implement these actions.

     (c) Your employer is required to keep records of your exposures and medical examinations. These records must be kept by the employer for at least thirty (30) years.

     (d) Your employer is required to release your exposure and medical records to you or your representative upon your request.

     Appendix B. Substance Technical Guidelines for 1,3-Butadiene (Non-Mandatory)

     (1) Physical and Chemical Data.

     (a) Substance identification:

     (i) Synonyms: 1,3-Butadiene (BD); butadiene; biethylene; bivinyl; divinyl; butadiene-1,3; buta-1,3-diene; erythrene; NCI-C50620; CAS-106-99-0.

     (ii) Formula: (CH(2)=CH-CH=CH(2)).

     (iii) Molecular weight: 54.1.

     (b) Physical data:

     (i) Boiling point (760 mm Hg): -4.7 deg. C (23.5 deg. F).

     (ii) Specific gravity (water = 1):0.62 at 20 deg. C (68 deg. F).

     (iii) Vapor density (air = 1 at boiling point of BD): 1.87.

     (iv) Vapor pressure at 20 deg. C (68 deg. F): 910 mm Hg.

     (v) Solubility in water, g/100 g water at 20 deg. C (68 deg. F): 0.05.

     (vi) Appearance and odor: Colorless, flammable gas with a mildly aromatic odor. Liquefied BD is a colorless liquid with a mildly aromatic odor.

     (2) Fire, Explosion, and Reactivity Hazard Data.

     (a) Fire:

     (i) Flash point: -76 deg. C (-105 deg. F) for take out; liquefied BD; Not applicable to BD gas.

     (ii) Stability: A stabilizer is added to the monomer to inhibit formation of polymer during storage. Forms explosive peroxides in air in absence of inhibitor.

     (iii) Flammable limits in air, percent by volume: Lower: 2.0; Upper: 11.5.

     (iv) Extinguishing media: Carbon dioxide for small fires, polymer or alcohol foams for large fires.

     (v) Special fire fighting procedures: Fight fire from protected location or maximum possible distance. Stop flow of gas before extinguishing fire. Use water spray to keep fire-exposed cylinders cool.

     (vi) Unusual fire and explosion hazards: BD vapors are heavier than air and may travel to a source of ignition and flash back. Closed containers may rupture violently when heated.

     (vii) For purposes of compliance with the requirements of WAC 296-24-330, BD is classified as a flammable gas. For example, 7,500 ppm, approximately one-fourth of the lower flammable limit, would be considered to pose a potential fire and explosion hazard.

     (viii) For purposes of compliance with WAC 296-24-585, BD is classified as a Class B fire hazard.

     (ix) For purposes of compliance with WAC 296-24-956 and 296-800-280, locations classified as hazardous due to the presence of BD shall be Class I.

     (b) Reactivity:

     (i) Conditions contributing to instability: Heat. Peroxides are formed when inhibitor concentration is not maintained at proper level. At elevated temperatures, such as in fire conditions, polymerization may take place.

     (ii) Incompatibilities: Contact with strong oxidizing agents may cause fires and explosions. The contacting of crude BD (not BD monomer) with copper and copper alloys may cause formations of explosive copper compounds.

     (iii) Hazardous decomposition products: Toxic gases (such as carbon monoxide) may be released in a fire involving BD.

     (iv) Special precautions: BD will attack some forms of plastics, rubber, and coatings. BD in storage should be checked for proper inhibitor content, for self-polymerization, and for formation of peroxides when in contact with air and iron. Piping carrying BD may become plugged by formation of rubbery polymer.

     (c) Warning Properties:

     (i) Odor Threshold: An odor threshold of 0.45 ppm has been reported in The American Industrial Hygiene Association (AIHA) Report, Odor Thresholds for Chemicals with Established Occupational Health Standards. (Ex. 32-28C).

     (ii) Eye Irritation Level: Workers exposed to vapors of BD (concentration or purity unspecified) have complained of irritation of eyes, nasal passages, throat, and lungs. Dogs and rabbits exposed experimentally to as much as 6700 ppm for 7 1/2 hours a day for 8 months have developed no histologically demonstrable abnormality of the eyes.

     (iii) Evaluation of Warning Properties: Since the mean odor threshold is about half of the 1 ppm PEL, and more than 10-fold below the 5 ppm STEL, most wearers of air purifying respirators should still be able to detect breakthrough before a significant overexposure to BD occurs.

     (3) Spill, Leak, and Disposal Procedures.

     (a) Persons not wearing protective equipment and clothing should be restricted from areas of spills or leaks until cleanup has been completed. If BD is spilled or leaked, the following steps should be taken:

     (i) Eliminate all ignition sources.

     (ii) Ventilate areas of spill or leak.

     (iii) If in liquid form, for small quantities, allow to evaporate in a safe manner.

     (iv) Stop or control the leak if this can be done without risk. If source of leak is a cylinder and the leak cannot be stopped in place, remove the leaking cylinder to a safe place and repair the leak or allow the cylinder to empty.

     (b) Disposal: This substance, when discarded or disposed of, is a hazardous waste according to Federal regulations (40 CFR part 261). It is listed by the EPA as hazardous waste number D001 due to its ignitability. The transportation, storage, treatment, and disposal of this waste material must be conducted in compliance with 40 CFR parts 262, 263, 264, 268 and 270. Disposal can occur only in properly permitted facilities. Check state and local regulations for any additional requirements because these may be more restrictive than federal laws and regulations.

     (4) Monitoring and Measurement Procedures.

     (a) Exposure above the Permissible Exposure Limit (8-hr TWA) or Short-Term Exposure Limit (STEL):

     (i) 8-hr TWA exposure evaluation: Measurements taken for the purpose of determining employee exposure under this standard are best taken with consecutive samples covering the full shift. Air samples must be taken in the employee's breathing zone (air that would most nearly represent that inhaled by the employee).

     (ii) STEL exposure evaluation: Measurements must represent 15 minute exposures associated with operations most likely to exceed the STEL in each job and on each shift.

     (iii) Monitoring frequencies: Table 1 gives various exposure scenarios and their required monitoring frequencies, as required by the final standard for occupational exposure to butadiene.
Table 1. -- Five Exposure Scenarios and Their Associated

Monitoring Frequencies

Action Level	8-hr TWA	STEL	Required Monitoring Activity
__*	__	__	No 8-hour TWA or STEL monitoring required.
+*	__	__	No STEL monitoring required. Monitor 8-hr TWA annually.
+	__	__	No STEL monitoring required. Periodic monitoring 8-hour TWA, in accordance with (4)(c)(iii).**
+	+	+	Periodic monitoring 8-hour TWA, in accordance with (4)(c)(iii)**. Periodic monitoring STEL in accordance with (4)(c)(iii).
+	__	+	Periodic monitoring STEL, in accordance with (4)(c)(iii). Monitor 8-hour TWA annually.

Footnote (*)	Exposure Scenario, Limit Exceeded: + = Yes, - = No.
Footnote (**)	The employer may decrease the frequency of exposure monitoring to annually when at least 2 consecutive measurements taken at least 7 days apart show exposures to be below the 8-hour TWA, but at or above the action level.

     (iv) Monitoring techniques: Appendix D describes the validated method of sampling and analysis which has been tested by OSHA for use with BD. The employer has the obligation of selecting a monitoring method which meets the accuracy and precision requirements of the standard under his or her unique field conditions. The standard requires that the method of monitoring must be accurate, to a 95 percent confidence level, to plus or minus 25 percent for concentrations of BD at or above 1 ppm, and to plus or minus 35 percent for concentrations below 1 ppm.

     (5) Personal Protective Equipment.

     (a) Employees should be provided with and required to use impervious clothing, gloves, face shields (eight-inch minimum), and other appropriate protective clothing necessary to prevent the skin from becoming frozen from contact with liquid BD.

     (b) Any clothing which becomes wet with liquid BD should be removed immediately and not reworn until the butadiene has evaporated.

     (c) Employees should be provided with and required to use splash proof safety goggles where liquid BD may contact the eyes.

     (6) Housekeeping and Hygiene Facilities.

     For purposes of complying with WAC ((296-24-120,)) 296-800-220 and 296-800-230, the following items should be emphasized:

     (a) The workplace should be kept clean, orderly, and in a sanitary condition.

     (b) Adequate washing facilities with hot and cold water are to be provided and maintained in a sanitary condition.

     (7) Additional Precautions.

     (a) Store BD in tightly closed containers in a cool, well-ventilated area and take all necessary precautions to avoid any explosion hazard.

     (b) Nonsparking tools must be used to open and close metal containers. These containers must be effectively grounded.

     (c) Do not incinerate BD cartridges, tanks or other containers.

     (d) Employers must advise employees of all areas and operations where exposure to BD might occur.

     Appendix C. Medical Screening and Surveillance for 1,3-Butadiene (Nonmandatory)

     (1) Basis for Medical Screening and Surveillance Requirements.

     (a) Route of Entry Inhalation.

     (b) Toxicology.

     Inhalation of BD has been linked to an increased risk of cancer, damage to the reproductive organs, and fetotoxicity. Butadiene can be converted via oxidation to epoxybutene and diepoxybutane, two genotoxic metabolites that may play a role in the expression of BD's toxic effects. BD has been tested for carcinogenicity in mice and rats. Both species responded to BD exposure by developing cancer at multiple primary organ sites. Early deaths in mice were caused by malignant lymphomas, primarily lymphocytic type, originating in the thymus.

     Mice exposed to BD have developed ovarian or testicular atrophy. Sperm head morphology tests also revealed abnormal sperm in mice exposed to BD; lethal mutations were found in a dominant lethal test. In light of these results in animals, the possibility that BD may adversely affect the reproductive systems of male and female workers must be considered.

     Additionally, anemia has been observed in animals exposed to butadiene. In some cases, this anemia appeared to be a primary response to exposure; in other cases, it may have been secondary to a neoplastic response.

     (c) Epidemiology.

     Epidemiologic evidence demonstrates that BD exposure poses an increased risk of leukemia. Mild alterations of hematologic parameters have also been observed in synthetic rubber workers exposed to BD.

     (2) Potential Adverse Health Effects.

     (a) Acute.

     Skin contact with liquid BD causes characteristic burns or frostbite. BD in gaseous form can irritate the eyes, nasal passages, throat, and lungs. Blurred vision, coughing, and drowsiness may also occur. Effects are mild at 2,000 ppm and pronounced at 8,000 ppm for exposures occurring over the full workshift.

     At very high concentrations in air, BD is an anesthetic, causing narcosis, respiratory paralysis, unconsciousness, and death. Such concentrations are unlikely, however, except in an extreme emergency because BD poses an explosion hazard at these levels.

     (b) Chronic.

     The principal adverse health effects of concern are BD-induced lymphoma, leukemia and potential reproductive toxicity. Anemia and other changes in the peripheral blood cells may be indicators of excessive exposure to BD.

     (c) Reproductive.

     Workers may be concerned about the possibility that their BD exposure may be affecting their ability to procreate a healthy child. For workers with high exposures to BD, especially those who have experienced difficulties in conceiving, miscarriages, or stillbirths, appropriate medical and laboratory evaluation of fertility may be necessary to determine if BD is having any adverse effect on the reproductive system or on the health of the fetus.

     (3) Medical Screening Components At-A-Glance.

     (a) Health Questionnaire.

     The most important goal of the health questionnaire is to elicit information from the worker regarding potential signs or symptoms generally related to leukemia or other blood abnormalities. Therefore, physicians or other licensed health care professionals should be aware of the presenting symptoms and signs of lymphohematopoietic disorders and cancers, as well as the procedures necessary to confirm or exclude such diagnoses. Additionally, the health questionnaire will assist with the identification of workers at greatest risk of developing leukemia or adverse reproductive effects from their exposures to BD.

     Workers with a history of reproductive difficulties or a personal or family history of immune deficiency syndromes, blood dyscrasias, lymphoma, or leukemia, and those who are or have been exposed to medicinal drugs or chemicals known to affect the hematopoietic or lymphatic systems may be at higher risk from their exposure to BD. After the initial administration, the health questionnaire must be updated annually.

     (b) Complete Blood Count (CBC).

     The medical screening and surveillance program requires an annual CBC, with differential and platelet count, to be provided for each employee with BD exposure. This test is to be performed on a blood sample obtained by phlebotomy of the venous system or, if technically feasible, from a fingerstick sample of capillary blood. The sample is to be analyzed by an accredited laboratory.

     Abnormalities in a CBC may be due to a number of different etiologies. The concern for workers exposed to BD includes, but is not limited to, timely identification of lymphohematopoietic cancers, such as leukemia and non-Hodgkin's lymphoma. Abnormalities of portions of the CBC are identified by comparing an individual's results to those of an established range of normal values for males and females. A substantial change in any individual employee's CBC may also be viewed as "abnormal" for that individual even if all measurements fall within the population-based range of normal values. It is suggested that a flowsheet for laboratory values be included in each employee's medical record so that comparisons and trends in annual CBCs can be easily made.

     A determination of the clinical significance of an abnormal CBC shall be the responsibility of the examining physician, other licensed health care professional, or medical specialist to whom the employee is referred. Ideally, an abnormal CBC should be compared to previous CBC measurements for the same employee, when available. Clinical common sense may dictate that a CBC value that is very slightly outside the normal range does not warrant medical concern. A CBC abnormality may also be the result of a temporary physical stressor, such as a transient viral illness, blood donation, or menorrhagia, or laboratory error. In these cases, the CBC should be repeated in a timely fashion, i.e., within 6 weeks, to verify that return to the normal range has occurred. A clinically significant abnormal CBC should result in removal of the employee from further exposure to BD. Transfer of the employee to other work duties in a BD-free environment would be the preferred recommendation.

     (c) Physical Examination.

     The medical screening and surveillance program requires an initial physical examination for workers exposed to BD; this examination is repeated once every three years. The initial physical examination should assess each worker's baseline general health and rule out clinical signs of medical conditions that may be caused by or aggravated by occupational BD exposure. The physical examination should be directed at identification of signs of lymphohematopoietic disorders, including lymph node enlargement, splenomegaly, and hepatomegaly.

     Repeated physical examinations should update objective clinical findings that could be indicative of interim development of a lymphohematopoietic disorder, such as lymphoma, leukemia, or other blood abnormality. Physical examinations may also be provided on an as needed basis in order to follow up on a positive answer on the health questionnaire, or in response to an abnormal CBC. Physical examination of workers who will no longer be working in jobs with BD exposure are intended to rule out lymphohematopoietic disorders.

     The need for physical examinations for workers concerned about adverse reproductive effects from their exposure to BD should be identified by the physician or other licensed health care professional and provided accordingly. For these workers, such consultations and examinations may relate to developmental toxicity and reproductive capacity.

     Physical examination of workers acutely exposed to significant levels of BD should be especially directed at the respiratory system, eyes, sinuses, skin, nervous system, and any region associated with particular complaints. If the worker has received a severe acute exposure, hospitalization may be required to assure proper medical management. Since this type of exposure may place workers at greater risk of blood abnormalities, a CBC must be obtained within 48 hours and repeated at one, two, and three months.

     Appendix D: Sampling and Analytical Method for 1,3-Butadiene (Nonmandatory)

     OSHA Method No.: 56.

     Matrix: Air.

     Target concentration: 1 ppm (2.21 mg/m(3)).

     Procedure: Air samples are collected by drawing known volumes of air through sampling tubes containing charcoal adsorbent which has been coated with 4-tert-butylcatechol. The samples are desorbed with carbon disulfide and then analyzed by gas chromatography using a flame ionization detector.

     Recommended sampling rate and air volume: 0.05 L/min and 3 L.

     Detection limit of the overall procedure: 90 ppb (200 ug/m(3)) (based on 3 L air volume).

     Reliable quantitation limit: 155 ppb (343 ug/m(3)) (based on 3 L air volume).

     Standard error of estimate at the target concentration: 6.5%.

     Special requirements: The sampling tubes must be coated with 4-tert-butylcatechol. Collected samples should be stored in a freezer.

     Status of method: A sampling and analytical method has been subjected to the established evaluation procedures of the Organic Methods Evaluation Branch, OSHA Analytical Laboratory, Salt Lake City, Utah 84165.

     (1) Background.

     This work was undertaken to develop a sampling and analytical procedure for BD at 1 ppm. The current method recommended by OSHA for collecting BD uses activated coconut shell charcoal as the sampling medium (Ref. 5.2). This method was found to be inadequate for use at low BD levels because of sample instability.

     The stability of samples has been significantly improved through the use of a specially cleaned charcoal which is coated with 4-tert-butylcatechol (TBC). TBC is a polymerization inhibitor for BD (Ref. 5.3).

     (a) Toxic effects.

     Symptoms of human exposure to BD include irritation of the eyes, nose and throat. It can also cause coughing, drowsiness and fatigue. Dermatitis and frostbite can result from skin exposure to liquid BD. (Ref. 5.1)

     NIOSH recommends that BD be handled in the workplace as a potential occupational carcinogen. This recommendation is based on two inhalation studies that resulted in cancers at multiple sites in rats and in mice. BD has also demonstrated mutagenic activity in the presence of a liver microsomal activating system. It has also been reported to have adverse reproductive effects. (Ref. 5.1)

     (b) Potential workplace exposure.

     About 90% of the annual production of BD is used to manufacture styrene-butadiene rubber and Polybutadiene rubber. Other uses include: Polychloroprene rubber, acrylonitrile butadiene-((stryene)) styrene resins, nylon intermediates, styrene-butadiene latexes, butadiene polymers, thermoplastic elastomers, nitrile resins, methyl methacrylate-butadiene styrene resins and chemical intermediates. (Ref. 5.1)

     (c) Physical properties (Ref. 5.1).

     CAS No.: 106-99-0

     Molecular weight: 54.1

     Appearance: Colorless gas

     Boiling point: -4.41 deg. C (760 mm Hg)

     Freezing point: -108.9 deg. C

     Vapor pressure: 2 atm (a) 15.3 deg. C; 5 atm (a) 47 deg. C

     Explosive limits: 2 to 11.5% (by volume in air)

     Odor threshold: 0.45 ppm

     Structural formula: H(2)C:CHCH:CH(2)

     Synonyms: BD; biethylene; bivinyl; butadiene; divinyl; buta-1,3-diene; alpha-gamma-butadiene; erythrene; NCI-C50602; pyrrolylene; vinylethylene.

     (d) Limit defining parameters.

     The analyte air concentrations listed throughout this method are based on an air volume of 3 L and a desorption volume of 1 mL. Air concentrations listed in ppm are referenced to 25 deg. C and 760 mm Hg.

     (e) Detection limit of the analytical procedure.

     The detection limit of the analytical procedure was 304 pg per injection. This was the amount of BD which gave a response relative to the interferences present in a standard.

     (f) Detection limit of the overall procedure.

     The detection limit of the overall procedure was 0.60 ug per sample (90 ppb or 200 ug/m(3)). This amount was determined graphically. It was the amount of analyte which, when spiked on the sampling device, would allow recovery approximately equal to the detection limit of the analytical procedure.

     (g) Reliable quantitation limit.

     The reliable quantitation limit was 1.03 ug per sample (155 ppb or 343 ug/m(3)). This was the smallest amount of analyte which could be quantitated within the limits of a recovery of at least 75% and a precision (+/- 1.96 SD) of +/-25% or better.

     (h) Sensitivity.(1)

Footnote (1)

The reliable quantitation limit and detection limits reported in the method are based upon optimization of the instrument for the smallest possible amount of analyte. When the target concentration of an analyte is exceptionally higher than these limits, they may not be attainable at the routine operation parameters.

     The sensitivity of the analytical procedure over a concentration range representing 0.6 to 2 times the target concentration, based on the recommended air volume, was 387 area units per ug/mL. This value was determined from the slope of the calibration curve. The sensitivity may vary with the particular instrument used in the analysis.

     (i) Recovery.

     The recovery of BD from samples used in storage tests remained above 77% when the samples were stored at ambient temperature and above 94% when the samples were stored at refrigerated temperature. These values were determined from regression lines which were calculated from the storage data. The recovery of the analyte from the collection device must be at least 75% following storage.

     (j) Precision (analytical method only).

     The pooled coefficient of variation obtained from replicate determinations of analytical standards over the range of 0.6 to 2 times the target concentration was 0.011.

     (k) Precision (overall procedure).

     The precision at the 95% confidence level for the refrigerated temperature storage test was +/- 12.7%. This value includes an additional +/- 5% for sampling error. The overall procedure must provide results at the target concentrations that are +/- 25% at the 95% confidence level.

     (l) Reproducibility.

     Samples collected from a controlled test atmosphere and a draft copy of this procedure were given to a chemist unassociated with this evaluation. The average recovery was 97.2% and the standard deviation was 6.2%.

     (2) Sampling procedure.

     (a) Apparatus. Samples are collected by use of a personal sampling pump that can be calibrated to within +/- 5% of the recommended 0.05 L/min sampling rate with the sampling tube in line.

     (b) Samples are collected with laboratory prepared sampling tubes. The sampling tube is constructed of silane-treated glass and is about 5-cm long. The ID is 4 mm and the OD is 6 mm. One end of the tube is tapered so that a glass wool end plug will hold the contents of the tube in place during sampling. The opening in the tapered end of the sampling tube is at least one-half the ID of the tube (2 mm). The other end of the sampling tube is open to its full 4-mm ID to facilitate packing of the tube. Both ends of the tube are fire-polished for safety. The tube is packed with 2 sections of pretreated charcoal which has been coated with TBC. The tube is packed with a 50-mg backup section, located nearest the tapered end, and with a 100-mg sampling section of charcoal. The two sections of coated adsorbent are separated and retained with small plugs of silanized glass wool. Following packing, the sampling tubes are sealed with two 7/32 inch OD plastic end caps. Instructions for the pretreatment and coating of the charcoal are presented in Section 4.1 of this method.

     (c) Reagents.

     None required.

     (d) Technique.

     (i) Properly label the sampling tube before sampling and then remove the plastic end caps.

     (ii) Attach the sampling tube to the pump using a section of flexible plastic tubing such that the larger front section of the sampling tube is exposed directly to the atmosphere. Do not place any tubing ahead of the sampling tube. The sampling tube should be attached in the worker's breathing zone in a vertical manner such that it does not impede work performance.

     (iii) After sampling for the appropriate time, remove the sampling tube from the pump and then seal the tube with plastic end caps. Wrap the tube lengthwise.

     (iv) Include at least one blank for each sampling set. The blank should be handled in the same manner as the samples with the exception that air is not drawn through it.

     (v) List any potential interferences on the sample data sheet.

     (vi) The samples require no special shipping precautions under normal conditions. The samples should be refrigerated if they are to be exposed to higher than normal ambient temperatures. If the samples are to be stored before they are shipped to the laboratory, they should be kept in a freezer. The samples should be placed in a freezer upon receipt at the laboratory.

     (e) Breakthrough.

     (Breakthrough was defined as the relative amount of analyte found on the backup section of the tube in relation to the total amount of analyte collected on the sampling tube. Five-percent breakthrough occurred after sampling a test atmosphere containing 2.0 ppm BD for 90 min. at 0.05 L/min. At the end of this time 4.5 L of air had been sampled and 20.1 ug of the analyte was collected. The relative humidity of the sampled air was 80% at 23 deg. C.)

     Breakthrough studies have shown that the recommended sampling procedure can be used at air concentrations higher than the target concentration. The sampling time, however, should be reduced to 45 min. if both the expected BD level and the relative humidity of the sampled air are high.

     (f) Desorption efficiency.

     The average desorption efficiency for BD from TBC coated charcoal over the range from 0.6 to 2 times the target concentration was 96.4%. The efficiency was essentially constant over the range studied.

     (g) Recommended air volume and sampling rate.

     (h) The recommended air volume is 3 L.

     (i) The recommended sampling rate is 0.05 L/min. for 1 hour.

     (j) Interferences.

     There are no known interferences to the sampling method.

     (k) Safety precautions.

     (i) Attach the sampling equipment to the worker in such a manner that it will not interfere with work performance or safety.

     (ii) Follow all safety practices that apply to the work area being sampled.

     (3) Analytical procedure.

     (a) Apparatus.

     (i) A gas chromatograph (GC), equipped with a flame ionization detector (FID).(2)

Footnote (2)

A Hewlett-Packard Model 5840A GC was used for this evaluation. Injections were performed using a Hewlett-Packard Model 7671A automatic sampler.

     (ii) A GC column capable of resolving the analytes from any interference.(3)

Footnote (3)

A 20-ft x 1/8-inch OD stainless steel GC column containing 20% FFAP on 80/100 mesh Chromabsorb W-AW-DMCS was used for this evaluation.

     (iii) Vials, glass 2-mL with Teflon-lined caps.

     (iv) Disposable Pasteur-type pipets, volumetric flasks, pipets and syringes for preparing samples and standards, making dilutions and performing injections.

     (b) Reagents.

     (i) Carbon disulfide.(4)

Footnote (4)

Fisher Scientific Company A.C.S. Reagent Grade solvent was used in this evaluation.

     The benzene contaminant that was present in the carbon disulfide was used as an internal standard (ISTD) in this evaluation.

     (ii) Nitrogen, hydrogen and air, GC grade.

     (iii) BD of known high purity.(5)

Footnote (5)

Matheson Gas Products, CP Grade 1,3-butadiene was used in this study.

     (c) Standard preparation.

     (i) Prepare standards by diluting known volumes of BD gas with carbon disulfide. This can be accomplished by injecting the appropriate volume of BD into the headspace above the 1-mL of carbon disulfide contained in sealed 2-mL vial. Shake the vial after the needle is removed from the septum.(6)

Footnote (6)

A standard containing 7.71 ug/mL (at ambient temperature and pressure) was prepared by diluting 4 uL of the gas with 1-mL of carbon disulfide.

     (ii) The mass of BD gas used to prepare standards can be determined by use of the following equations:

     MV = (760/BP)(273+t)/(273)(22.41)

     Where:

     MV = ambient molar volume

     BP = ambient barometric pressure

     T = ambient temperature

     ug/uL = 54.09/MV

     ug/standard = (ug/uL)(uL) BD used to prepare the standard

     (d) Sample preparation.

     (i) Transfer the 100-mg section of the sampling tube to a 2-mL vial. Place the 50-mg section in a separate vial. If the glass wool plugs contain a significant amount of charcoal, place them with the appropriate sampling tube section.

     (ii) Add 1-mL of carbon disulfide to each vial.

     (iii) Seal the vials with Teflon-lined caps and then allow them to desorb for one hour. Shake the vials by hand vigorously several times during the desorption period.

     (iv) If it is not possible to analyze the samples within 4 hours, separate the carbon disulfide from the charcoal, using a disposable Pasteur-type pipet, following the one hour. This separation will improve the stability of desorbed samples.

     (v) Save the used sampling tubes to be cleaned and repacked with fresh adsorbent.

     (e) Analysis.

     (i) GC Conditions.

     Column temperature: 95 deg. C

     Injector temperature: 180 deg. C

     Detector temperature: 275 deg. C

     Carrier gas flow rate: 30 mL/min.

     Injection volume: 0.80 uL

     GC column: 20-ft x 1/8-in OD stainless steel GC column containing 20%

     FFAP on 80/100 Chromabsorb W-AW-DMCS.

     (ii) Chromatogram. See Section 4.2.

     (iii) Use a suitable method, such as electronic or peak heights, to measure detector response.

     (iv) Prepare a calibration curve using several standard solutions of different concentrations. Prepare the calibration curve daily. Program the integrator to report the results in ug/mL.

     (v) Bracket sample concentrations with standards.

     (f) Interferences (analytical).

     (i) Any compound with the same general retention time as the analyte and which also gives a detector response is a potential interference. Possible interferences should be reported by the industrial hygienist to the laboratory with submitted samples.

     (ii) GC parameters (temperature, column, etc.) may be changed to circumvent interferences.

     (iii) A useful means of structure designation is GC/MS. It is recommended that this procedure be used to confirm samples whenever possible.

     (g) Calculations.

     (i) Results are obtained by use of calibration curves. Calibration curves are prepared by plotting detector response against concentration for each standard. The best line through the data points is determined by curve fitting.

     (ii) The concentration, in ug/mL, for a particular sample is determined by comparing its detector response to the calibration curve. If any analyte is found on the backup section, this amount is added to the amount found on the front section. Blank corrections should be performed before adding the results together.

     (iii) The BD air concentration can be expressed using the following equation:

     mg/m(3) = (A)(B)/(C)(D)

     Where:

     A = ug/mL from Section 3.7.2

     B = volume

     C = L of air sampled

     D = efficiency

     (iv) The following equation can be used to convert results in mg/m(3) to ppm:

     ppm = (mg/m(3))(24.46)/54.09

     Where:

     mg/m(3) = result from Section 3.7.3.

     24.46 = molar volume of an ideal gas at 760 mm Hg and 25 deg. C.

     (h) Safety precautions (analytical).

     (i) Avoid skin contact and inhalation of all chemicals.

     (ii) Restrict the use of all chemicals to a fume hood whenever possible.

     (iii) Wear safety glasses and a lab coat in all laboratory areas.

     (4) Additional Information.

     (a) A procedure to prepare specially cleaned charcoal coated with TBC.

     (i) Apparatus.

     (A) Magnetic stirrer and stir bar.

     (B) Tube furnace capable of maintaining a temperature of 700 deg. C and equipped with a quartz tube that can hold 30 g of charcoal.(8)

Footnote (8)

A Lindberg Type 55035 Tube furnace was used in this evaluation.

     (C) A means to purge nitrogen gas through the charcoal inside the quartz tube.

     (D) Water bath capable of maintaining a temperature of 60 deg. C.

     (E) Miscellaneous laboratory equipment: One-liter vacuum flask, 1-L Erlenmeyer flask, 350-M1 Buchner funnel with a coarse fitted disc, 4-oz brown bottle, rubber stopper, Teflon tape etc.

     (ii) Reagents.

     (A) Phosphoric acid, 10% by weight, in water.(9)

Footnote (9)

Baker Analyzed Reagent grade was diluted with water for use in this evaluation.

     (B) 4-tert-Butylcatechol (TBC).(10)

Footnote (10)

The Aldrich Chemical Company 99% grade was used in this evaluation.

     (C) Specially cleaned coconut shell charcoal, 20/40 mesh.(11)

Footnote (11)

Specially cleaned charcoal was obtained from Supelco, Inc. for use in this evaluation. The cleaning process used by Supelco is proprietary.

     (D) Nitrogen gas, GC grade.

     (iii) Procedure.

     Weigh 30g of charcoal into a 500-mL Erlenmeyer flask. Add about 250 mL of 10% phosphoric acid to the flask and then swirl the mixture. Stir the mixture for 1 hour using a magnetic stirrer. Filter the mixture using a fitted Buchner funnel. Wash the charcoal several times with 250-mL portions of deionized water to remove all traces of the acid. Transfer the washed charcoal to the tube furnace quartz tube. Place the quartz tube in the furnace and then connect the nitrogen gas purge to the tube. Fire the charcoal to 700 deg. C. Maintain that temperature for at least 1 hour. After the charcoal has cooled to room temperature, transfer it to a tared beaker. Determine the weight of the charcoal and then add an amount of TBC which is 10% of the charcoal, by weight.

     CAUTION-TBC is toxic and should only be handled in a fume hood while wearing gloves.

     Carefully mix the contents of the beaker and then transfer the mixture to a 4-oz bottle. Stopper the bottle with a clean rubber stopper which has been wrapped with Teflon tape. Clamp the bottle in a water bath so that the water level is above the charcoal level. Gently heat the bath to 60 deg. C and then maintain that temperature for 1 hour. Cool the charcoal to room temperature and then transfer the coated charcoal to a suitable container.

     The coated charcoal is now ready to be packed into sampling tubes. The sampling tubes should be stored in a sealed container to prevent contamination. Sampling tubes should be stored in the dark at room temperature. The sampling tubes should be segregated by coated adsorbent lot number.

     (b) Chromatograms.

     The chromatograms were obtained using the recommended analytical method. The chart speed was set at 1 cm/min. for the first three min. and then at 0.2 cm/min. for the time remaining in the analysis.

     The peak which elutes just before BD is a reaction product between an impurity on the charcoal and TBC. This peak is always present, but it is easily resolved from the analyte. The peak which elutes immediately before benzene is an oxidation product of TBC.

     (5) References.

     (a) "Current Intelligence Bulletin 41, 1,3-Butadiene", U.S. Dept. of Health and Human Services, Public Health Service, Center for Disease Control, NIOSH.

     (b) "NIOSH Manual of Analytical Methods", 2nd ed.; U.S. Dept. of Health Education and Welfare, National Institute for Occupational Safety and Health: Cincinnati, OH. 1977, Vol. 2, Method No. S91 DHEW (NIOSH) Publ. (U.S.), No. 77-157-B.

     (c) Hawley, G.C., Ed. "The Condensed Chemical Dictionary", 8th ed.; Van Nostrand Rienhold Company: New York, 1971; 139.5.4. Chem. Eng. News (June 10, 1985), (63), 22-66.

     Appendix E: Reserved.

APPENDIX F, MEDICAL QUESTIONNAIRES, (Non-mandatory)

1,3-Butadiene (BD) Initial Health Questionnaire

DIRECTIONS:

You have been asked to answer the questions on this form because you work with BD (butadiene). These questions are about your work, medical history, and health concerns. Please do your best to answer all of the questions. If you need help, please tell the doctor or health care professional who reviews this form.

This form is a confidential medical record. Only information directly related to your health and safety on the job may be given to your employer. Personal health information will not be given to anyone without your consent.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-62-07460, filed 5/9/01, effective 9/1/01; 99-10-071, § 296-62-07460, filed 5/4/99, effective 9/1/99. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 97-19-014, § 296-62-07460, filed 9/5/97, effective 11/5/97.]

     (a) This section applies to all occupational exposure to lead, except as provided in subdivision (1)(b).

     (b) This section does not apply to the construction industry or to agricultural operations covered by chapter ((296-306)) 296-307 WAC.

     (2) Definitions as applicable to this part.

     (a) "Action level" - employee exposure, without regard to the use of respirators, to an airborne concentration of lead of thirty micrograms per cubic meter of air (30 ΅g/m³) averaged over an eight-hour period.

     (b) "Director" - the director of the department of labor and industries.

     (c) "Lead" - metallic lead, all inorganic lead compounds, and organic lead soaps. Excluded from this definition are all other organic lead compounds.

     (3) General requirements.

     (a) Employers will assess the hazards of lead in the work place and provide information to the employees about the hazards of the lead exposures to which they may be exposed.

     (b) Information provided shall include:

     (i) Exposure monitoring (including employee notification);

     (ii) Written compliance programs;

     (iii) Respiratory protection programs;

     (iv) Personnel protective equipment and housekeeping;

     (v) Medical surveillance and examinations;

     (vi) Training requirements;

     (vii) Recordkeeping requirements.

     (4) Permissible exposure limit (PEL).

     (a) The employer shall assure that no employee is exposed to lead at concentrations greater than fifty micrograms per cubic meter of air (50 ΅g/m³) averaged over an eight-hour period.

     (b) If an employee is exposed to lead for more than eight hours in any work day, the permissible exposure limit, as a time weighted average (TWA) for that day, shall be reduced according to the following formula:

     Maximum permissible limit (in ΅g/m³) = 400 χ

     hours worked in the day.

     (c) When respirators are used to supplement engineering and work practice controls to comply with the PEL and all the requirements of subsection (7) have been met, employee exposure, for the purpose of determining whether the employer has complied with the PEL, may be considered to be at the level provided by the protection factor of the respirator for those periods the respirator is worn. Those periods may be averaged with exposure levels during periods when respirators are not worn to determine the employee's daily TWA exposure.

     (5) Exposure monitoring.

     (a) General.

     (i) For the purposes of subsection (5), employee exposure is that exposure which would occur if the employee were not using a respirator.

     (ii) With the exception of monitoring under subdivision (5)(c), the employer shall collect full shift (for at least seven continuous hours) personal samples including at least one sample for each shift for each job classification in each work area.

     (iii) Full shift personal samples shall be representative of the monitored employee's regular, daily exposure to lead.

     (b) Initial determination. Each employer who has a workplace or work operation covered by this standard shall determine if any employee may be exposed to lead at or above the action level.

     (c) Basis of initial determination.

     (i) The employer shall monitor employee exposures and shall base initial determinations on the employee exposure monitoring results and any of the following, relevant considerations:

     (A) Any information, observations, or calculations which would indicate employee exposure to lead;

     (B) Any previous measurements of airborne lead; and

     (C) Any employee complaints of symptoms which may be attributable to exposure to lead.

     (ii) Monitoring for the initial determination may be limited to a representative sample of the exposed employees who the employer reasonably believes are exposed to the greatest airborne concentrations of lead in the workplace.

     (iii) Measurements of airborne lead made in the preceding twelve months may be used to satisfy the requirement to monitor under item (5)(c)(i) if the sampling and analytical methods used meet the accuracy and confidence levels of subdivision (5)(i) of this section.

     (d) Positive initial determination and initial monitoring.

     (i) Where a determination conducted under subdivision (5)(b) and (5)(c) of this section shows the possibility of any employee exposure at or above the action level, the employer shall conduct monitoring which is representative of the exposure for each employee in the workplace who is exposed to lead.

     (ii) Measurements of airborne lead made in the preceding twelve months may be used to satisfy this requirement if the sampling and analytical methods used meet the accuracy and confidence levels of subdivision (5)(i) of this section.

     (e) Negative initial determination. Where a determination, conducted under subdivisions (5)(b) and (5)(c) of this section is made that no employee is exposed to airborne concentrations of lead at or above the action level, the employer shall make a written record of such determination. The record shall include at least the information specified in subdivision (5)(c) of this section and shall also include the date of determination, location within the worksite, and the name and social security number of each employee monitored.

     (f) Frequency.

     (i) If the initial monitoring reveals employee exposure to be below the action level the measurements need not be repeated except as otherwise provided in subdivision (5)(g) of this section.

     (ii) If the initial determination or subsequent monitoring reveals employee exposure to be at or above the action level but below the permissible exposure limit the employer shall repeat monitoring in accordance with this subsection at least every six months. The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least seven days apart, are below the action level at which time the employer may discontinue monitoring for that employee except as otherwise provided in subdivision (5)(g) of this section.

     (iii) If the initial monitoring reveals that employee exposure is above the permissible exposure limit the employer shall repeat monitoring quarterly. The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least seven days apart, are below the PEL but at or above the action level at which time the employer shall repeat monitoring for that employee at the frequency specified in item (5)(f)(ii), except as otherwise provided in subdivision (5)(g) of this section.

     (g) Additional monitoring. Whenever there has been a production, process, control or personnel change which may result in new or additional exposure to lead, or whenever the employer has any other reason to suspect a change which may result in new or additional exposures to lead, additional monitoring in accordance with this subsection shall be conducted.

     (h) Employee notification.

     (i) Within five working days after the receipt of monitoring results, the employer shall notify each employee in writing of the results which represent that employee's exposure.

     (ii) Whenever the results indicate that the representative employee exposure, without regard to respirators, exceeds the permissible exposure limit, the employer shall include in the written notice a statement that the permissible exposure limit was exceeded and a description of the corrective action taken or to be taken to reduce exposure to or below the permissible exposure limit.

     (i) Accuracy of measurement. The employer shall use a method of monitoring and analysis which has an accuracy (to a confidence level of ninety-five percent) of not less than plus or minus twenty percent for airborne concentrations of lead equal to or greater than 30 ΅g/m³.

     (6) Methods of compliance.

     (a) Engineering and work practice controls.

     (i) Where any employee is exposed to lead above the permissible exposure limit for more than thirty days per year, the employer shall implement engineering and work practice controls (including administrative controls) to reduce and maintain employee exposure to lead in accordance with the implementation schedule in Table I below, except to the extent that the employer can demonstrate that such controls are not feasible. Wherever the engineering and work practice controls which can be instituted are not sufficient to reduce employee exposure to or below the permissible exposure limit, the employer shall nonetheless use them to reduce exposures to the lowest feasible level and shall supplement them by the use of respiratory protection which complies with the requirements of subsection (7) of this section.

     (ii) Where any employee is exposed to lead above the permissible exposure limit, but for thirty days or less per year, the employer shall implement engineering controls to reduce exposures to 200 ΅g/m³, but thereafter may implement any combination of engineering, work practice (including administrative controls), and respiratory controls to reduce and maintain employee exposure to lead to or below 50 ΅g/m³.

TABLE 1

Industry	Compliance dates:1 (50 ΅g/m3)
Lead chemicals, secondary copper smelting. Nonferrous foundries . . . . . . . . . . . .	July 19, 1996 July 19, 1996.2
Brass and bronze ingot manufacture.	6 years.3

1	Calculated by counting from the date the stay on implementation of subsection (6)(a) was lifted by the U.S. Court of Appeals for the District of Columbia, the number of years specified in the 1978 lead standard and subsequent amendments for compliance with the PEL of 50 ΅g/m3 for exposure to airborne concentrations of lead levels for the particular industry.
2	Large nonferrous foundries (20 or more employees) are required to achieve the PEL of 50 ΅g/m3 by means of engineering and work practice controls. Small nonferrous foundries (fewer than 20 employees) are required to achieve an 8-hour TWA of 75 ΅g/m3 by such controls.
3	Expressed as the number of years from the date on which the Court lifts the stay on the implementation of subsection (6)(a) for this industry for employers to achieve a lead in air concentration of 75 ΅g/m3. Compliance with subsection (6) in this industry is determined by a compliance directive that incorporates elements from the settlement agreement between OSHA and representatives of the industry.

     (b) Respiratory protection. Where engineering and work practice controls do not reduce employee exposure to or below the 50 ΅g/m³ permissible exposure limit, the employer shall supplement these controls with respirators in accordance with subsection (7).

     (c) Compliance program.

     (i) Each employer shall establish and implement a written compliance program to reduce exposures to or below the permissible exposure limit, and interim levels if applicable, solely by means of engineering and work practice controls in accordance with the implementation schedule in subdivision (6)(a).

     (ii) Written plans for these compliance programs shall include at least the following:

     (A) A description of each operation in which lead is emitted; e.g., machinery used, material processed, controls in place, crew size, employee job responsibilities, operating procedures and maintenance practices;

     (B) A description of the specific means that will be employed to achieve compliance, including engineering plans and studies used to determine methods selected for controlling exposure to lead;

     (C) A report of the technology considered in meeting the permissible exposure limit;

     (D) Air monitoring data which documents the source of lead emissions;

     (E) A detailed schedule for implementation of the program, including documentation such as copies of purchase orders for equipment, construction contracts, etc.;

     (F) A work practice program which includes items required under subsections (8), (9) and (10) of this regulation;

     (G) An administrative control schedule required by subdivision (6)(f), if applicable; and

     (H) Other relevant information.

     (iii) Written programs shall be submitted upon request to the director, and shall be available at the worksite for examination and copying by the director, any affected employee or authorized employee representatives.

     (iv) Written programs shall be revised and updated at least every six months to reflect the current status of the program.

     (d) Mechanical ventilation.

     (i) When ventilation is used to control exposure, measurements which demonstrate the effectiveness of the system in controlling exposure, such as capture velocity, duct velocity, or static pressure shall be made at least every three months. Measurements of the system's effectiveness in controlling exposure shall be made within five days of any change in production, process, or control which might result in a change in employee exposure to lead.

     (ii) Recirculation of air. If air from exhaust ventilation is recirculated into the workplace, the employer shall assure that (A) the system has a high efficiency filter with reliable back-up filter; and (B) controls to monitor the concentration of lead in the return air and to bypass the recirculation system automatically if it fails are installed, operating, and maintained.

     (e) Administrative controls. If administrative controls are used as a means of reducing employees TWA exposure to lead, the employer shall establish and implement a job rotation schedule which includes:

     (i) Name or identification number of each affected employee;

     (ii) Duration and exposure levels at each job or work station where each affected employee is located; and

     (iii) Any other information which may be useful in assessing the reliability of administrative controls to reduce exposure to lead.

     (7) Respiratory protection.

     (a) General. For employees who use respirators required by this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:

     (i) Period necessary to install or implement engineering or work-practice controls;

     (ii) Work operations for which engineering and work-practice controls are not sufficient to reduce exposures to or below the permissible exposure limit;

     (iii) Periods when an employee requests a respirator.

     (b) Respirator program.

     (i) The employer must implement a respiratory protection program as required by chapter 296-62 WAC, Part E (except WAC 296-62-07130(1) and 296-62-07150 through 296-62-07156).

     (ii) If an employee has breathing difficulty during fit testing or respirator use, the employer must provide the employee with a medical examination as required by subsection (11)(c)(ii)(C) of this section to determine whether or not the employee can use a respirator while performing the required duty.

     (c) Respirator selection.

     (i) The employer must select the appropriate respirator or combination of respirators from Table II of this section.

     (ii) The employer must provide a powered air-purifying respirator instead of the respirator specified in Table II of this section when an employee chooses to use this type of respirator and that such a respirator provides adequate protection to the employee.

TABLE II

RESPIRATORY PROTECTION FOR LEAD AEROSOLS

Airborne Concentration of Lead or Condition of Use	Required Respirator1
Not in excess of 0.5 mg/m3 (10X PEL).	Half-mask, air-purifying respirator equipped with high efficiency filters.2,3
Not in excess of 2.5 mg/m3 (50X PEL).	Full facepiece, air-purifying respirator with high efficiency filters.3
Not in excess of 50 mg/m3 (1000X PEL).	(1) Any powered, air-purifying respirator with high efficiency filters3; or (2) Half-mask supplied-air respirator operated in positive-pressure mode.2
Not in excess of 100 mg/m3 (2000X PEL).	Supplied-air respirators with full facepiece, hood, helmet, or suit, operated in positive pressure mode.
Greater than 100 mg/m3, unknown concentration or fire fighting.	Full facepiece, self-contained breathing apparatus operated in positive-pressure mode.

Note: 1

Respirators specified for high concentrations can be used at lower concentrations of lead.

2	Full facepiece is required if the lead aerosols cause eye or skin irritation at the use concentrations.

3	A high efficiency particulate filter means 99.97 percent efficient against 0.3 micron size particles.

     (8) Protective work clothing and equipment.

     (a) Provision and use. If an employee is exposed to lead above the PEL, without regard to the use of respirators or where the possibility of skin or eye irritation exists, the employer shall provide at no cost to the employee and assure that the employee uses appropriate protective work clothing and equipment such as, but not limited to:

     (i) Coveralls or similar full-body work clothing;

     (ii) Gloves, hats, and shoes or disposable shoe coverlets; and

     (iii) Face shields, vented goggles, or other appropriate protective equipment which complies with WAC 296-800-160.

     (b) Cleaning and replacement.

     (i) The employer shall provide the protective clothing required in subdivision (8)(a) of this section in a clean and dry condition at least weekly, and daily to employees whose exposure levels without regard to a respirator are over 200 ΅g/m³ of lead as an eight-hour TWA.

     (ii) The employer shall provide for the cleaning, laundering, or disposal of protective clothing and equipment required by subdivision (8)(a) of this section.

     (iii) The employer shall repair or replace required protective clothing and equipment as needed to maintain their effectiveness.

     (iv) The employer shall assure that all protective clothing is removed at the completion of a work shift only in change rooms provided for that purpose as prescribed in subdivision (10)(b) of this section.

     (v) The employer shall assure that contaminated protective clothing which is to be cleaned, laundered, or disposed of, is placed in a closed container in the change-room which prevents dispersion of lead outside the container.

     (vi) The employer shall inform in writing any person who cleans or launders protective clothing or equipment of the potentially harmful effects of exposure to lead.

     (vii) The employer shall assure that the containers of contaminated protective clothing and equipment required by subdivision (8)(b)(v) are labeled as follows:

CAUTION: CLOTHING CONTAMINATED WITH LEAD.

DO NOT REMOVE DUST BY BLOWING OR SHAKING.

DISPOSE OF LEAD CONTAMINATED WASH WATER IN ACCORDANCE WITH APPLICABLE LOCAL, STATE, OR FEDERAL REGULATIONS.

     (viii) The employer shall prohibit the removal of lead from protective clothing or equipment by blowing, shaking, or any other means which disperses lead into the air.

     (9) Housekeeping.

     (a) Surfaces. All surfaces shall be maintained as free as practicable of accumulations of lead.

     (b) Cleaning floors.

     (i) Floors and other surfaces where lead accumulates may not be cleaned by the use of compressed air.

     (ii) Shoveling, dry or wet sweeping, and brushing may be used only where vacuuming or other equally effective methods have been tried and found not to be effective.

     (c) Vacuuming. Where vacuuming methods are selected, the vacuums shall be used and emptied in a manner which minimizes the reentry of lead into the workplace.

     (10) Hygiene facilities and practices.

     (a) The employer shall assure that in areas where employees are exposed to lead above the PEL, without regard to the use of respirators, food or beverage is not present or consumed, tobacco products are not present or used, and cosmetics are not applied, except in change rooms, lunchrooms, and showers required under subdivision (10)(b) through (10)(d) of this section.

     (b) Change rooms.

     (i) The employer shall provide clean change rooms for employees who work in areas where their airborne exposure to lead is above the PEL, without regard to the use of respirators.

     (ii) The employer shall assure that change rooms are equipped with separate storage facilities for protective work clothing and equipment and for street clothes which prevent cross-contamination.

     (c) Showers.

     (i) The employer shall assure that employees who work in areas where their airborne exposure to lead is above the PEL, without regard to the use of respirators, shower at the end of the work shift.

     (ii) The employer shall provide shower facilities in accordance with WAC ((296-24-12009)) 296-800-230.

     (iii) The employer shall assure that employees who are required to shower pursuant to item (10)(c)(i) do not leave the workplace wearing any clothing or equipment worn during the work shift.

     (d) Lunchrooms.

     (i) The employer shall provide lunchroom facilities for employees who work in areas where their airborne exposure to lead is above the PEL, without regard to the use of respirators.

     (ii) The employer shall assure that lunchroom facilities have a temperature controlled, positive pressure, filtered air supply, and are readily accessible to employees.

     (iii) The employer shall assure that employees who work in areas where their airborne exposure to lead is above the PEL without regard to the use of a respirator wash their hands and face prior to eating, drinking, smoking or applying cosmetics.

     (iv) The employer shall assure that employees do not enter lunchroom facilities with protective work clothing or equipment unless surface lead dust has been removed by vacuuming, downdraft booth, or other cleaning method.

     (e) Lavatories. The employer shall provide an adequate number of lavatory facilities which comply with WAC 296-800-230.

     (11) Medical surveillance.

     (a) General.

     (i) The employer shall institute a medical surveillance program for all employees who are or may be exposed above the action level for more than thirty days per year.

     (ii) The employer shall assure that all medical examinations and procedures are performed by or under the supervision of a licensed physician.

     (iii) The employer shall provide the required medical surveillance including multiple physician review under item (11)(c)(iii) without cost to employees and at a reasonable time and place.

     (b) Biological monitoring.

     (i) Blood lead and ZPP level sampling and analysis. The employer shall make available biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels to each employee covered under item (11)(a)(i) of this section on the following schedule:

     (A) At least every six months to each employee covered under item (11)(a)(i) of this section;

     (B) At least every two months for each employee whose last blood sampling and analysis indicated a blood lead level at or above 40 ΅g/100 g of whole blood. This frequency shall continue until two consecutive blood samples and analyses indicate a blood lead level below 40 ΅g/100 g of whole blood; and

     (C) At least monthly during the removal period of each employee removed from exposure to lead due to an elevated blood lead level.

     (ii) Follow-up blood sampling tests. Whenever the results of a blood lead level test indicate that an employee's blood lead level exceeds the numerical criterion for medical removal under item (12)(a)(i)(A), the employer shall provide a second (follow-up) blood sampling test within two weeks after the employer receives the results of the first blood sampling test.

     (iii) Accuracy of blood lead level sampling and analysis. Blood lead level sampling and analysis provided pursuant to this section shall have an accuracy (to a confidence level of ninety-five percent) within plus or minus fifteen percent or 6 ΅g/100 ml, whichever is greater, and shall be conducted by a laboratory licensed by the Center for Disease Control (CDC), United States Department of Health, Education and Welfare or which has received a satisfactory grade in blood lead proficiency testing from CDC in the prior twelve months.

     (iv) Employee notification. Within five working days after the receipt of biological monitoring results, the employer shall notify in writing each employee whose blood lead level exceeds 40 ΅g/100 g: (A) of that employee's blood lead level and (B) that the standard requires temporary medical removal with medical removal protection benefits when an employee's blood lead level exceeds the numerical criterion for medical removal under item (12)(a)(i) of this section.

     (c) Medical examinations and consultations.

     (i) Frequency. The employer shall make available medical examinations and consultations to each employee covered under item (11)(a)(i) of this section on the following schedule:

     (A) At least annually for each employee for whom a blood sampling test conducted at any time during the preceding twelve months indicated a blood lead level at or above 40 ΅g/100 g;

     (B) Prior to assignment for each employee being assigned for the first time to an area in which airborne concentrations of lead are at or above the action level;

     (C) As soon as possible, upon notification by an employee either that the employee has developed signs or symptoms commonly associated with lead intoxication, that the employee desires medical advice concerning the effects of current or past exposure to lead on the employee's ability to procreate a healthy child, or that the employee has demonstrated difficulty in breathing during a respirator fitting test or during use; and

     (D) As medically appropriate for each employee either removed from exposure to lead due to a risk of sustaining material impairment to health, or otherwise limited pursuant to a final medical determination.

     (ii) Content. Medical examinations made available pursuant to subitems (11)(c)(i)(A) through (B) of this section shall include the following elements:

     (A) A detailed work history and a medical history, with particular attention to past lead exposure (occupational and nonoccupational), personal habits (smoking, hygiene), and past gastrointestinal, hematologic, renal, cardiovascular, reproductive and neurological problems;

     (B) A thorough physical examination, with particular attention to teeth, gums, hematologic, gastrointestinal, renal, cardiovascular, and neurological systems. Pulmonary status should be evaluated if respiratory protection will be used;

     (C) A blood pressure measurement;

     (D) A blood sample and analysis which determines:

     (I) Blood lead level;

     (II) Hemoglobin and hematocrit determinations, red cell indices, and examination of peripheral smear morphology;

     (III) Zinc protoporphyrin;

     (IV) Blood urea nitrogen; and

     (V) Serum creatinine;

     (E) A routine urinalysis with microscopic examination; and

     (F) Any laboratory or other test which the examining physician deems necessary by sound medical practice.

     The content of medical examinations made available pursuant to subitems (11)(c)(i)(C) through (D) of this section shall be determined by an examining physician and, if requested by an employee, shall include pregnancy testing or laboratory evaluation of male fertility.

     (iii) Multiple physician review mechanism.

     (A) If the employer selects the initial physician who conducts any medical examination or consultation provided to an employee under this section, the employee may designate a second physician:

     (I) To review any findings, determinations or recommendations of the initial physician; and

     (II) To conduct such examinations, consultations, and laboratory tests as the second physician deems necessary to facilitate this review.

     (B) The employer shall promptly notify an employee of the right to seek a second medical opinion after each occasion that an initial physician conducts a medical examination or consultation pursuant to this section. The employer may condition its participation in, and payment for, the multiple physician review mechanism upon the employee doing the following within fifteen days after receipt of the foregoing notification, or receipt of the initial physician's written opinion, whichever is later:

     (I) The employee informing the employer that he or she intends to seek a second medical opinion, and

     (II) The employee initiating steps to make an appointment with a second physician.

     (C) If the findings, determinations or recommendations of the second physician differ from those of the initial physician, then the employer and the employee shall assure that efforts are made for the two physicians to resolve any disagreement.

     (D) If the two physicians have been unable to quickly resolve their disagreement, then the employer and the employee through their respective physicians shall designate a third physician:

     (I) To review any findings, determinations or recommendations of the prior physicians; and

     (II) To conduct such examinations, consultations, laboratory tests and discussions with the prior physicians as the third physician deems necessary to resolve the disagreement of the prior physicians.

     (E) The employer shall act consistent with the findings, determinations and recommendations of the third physician, unless the employer and the employee reach an agreement which is otherwise consistent with the recommendations of at least one of the three physicians.

     (iv) Information provided to examining and consulting physicians.

     (A) The employer shall provide an initial physician conducting a medical examination or consultation under this section with the following information:

     (I) A copy of this regulation for lead including all appendices;

     (II) A description of the affected employee's duties as they relate to the employee's exposure;

     (III) The employee's exposure level or anticipated exposure level to lead and to any other toxic substance (if applicable);

     (IV) A description of any personal protective equipment used or to be used;

     (V) Prior blood lead determinations; and

     (VI) All prior written medical opinions concerning the employee in the employer's possession or control.

     (B) The employer shall provide the foregoing information to a second or third physician conducting a medical examination or consultation under this section upon request either by the second or third physician, or by the employee.

     (v) Written medical opinions.

     (A) The employer shall obtain and furnish the employee with a copy of a written medical opinion from each examining or consulting physician which contains the following information:

     (I) The physician's opinion as to whether the employee has any detected medical condition which would place the employee at increased risk of material impairment of the employee's health from exposure to lead;

     (II) Any recommended special protective measures to be provided to the employee, or limitations to be placed upon the employee's exposure to lead;

     (III) Any recommended limitation upon the employee's use of respirators, including a determination of whether the employee can wear a powered air purifying respirator if a physician determines that the employee cannot wear a negative pressure respirator; and

     (IV) The results of the blood lead determinations.

     (B) The employer shall instruct each examining and consulting physician to:

     (I) Not reveal either in the written opinion, or in any other means of communication with the employer, findings, including laboratory results, or diagnoses unrelated to an employee's occupational exposure to lead; and

     (II) Advise the employee of any medical condition, occupational or nonoccupational, which dictates further medical examination or treatment.

     (vi) Alternate physician determination mechanisms. The employer and an employee or authorized employee representative may agree upon the use of any expeditious alternate physician determination mechanism in lieu of the multiple physician review mechanism provided by this subsection so long as the alternate mechanism otherwise satisfies the requirements contained in this subsection.

     (d) Chelation.

     (i) The employer shall assure that any person whom he retains, employs, supervises or controls does not engage in prophylactic chelation of any employee at any time.

     (ii) If therapeutic or diagnostic chelation is to be performed by any person in item (11)(d)(i), the employer shall assure that it be done under the supervision of a licensed physician in a clinical setting with thorough and appropriate medical monitoring and that the employee is notified in writing prior to its occurrence.

     (12) Medical removal protection.

     (a) Temporary medical removal and return of an employee.

     (i) Temporary removal due to elevated blood lead levels.

     (A) The employer shall remove an employee from work having an exposure to lead at or above the action level on each occasion that a periodic and a follow-up blood sampling test conducted pursuant to this section indicate that the employee's blood lead level is at or above 60 ΅g/100 g of whole blood; and

     (B) The employer shall remove an employee from work having an exposure to lead at or above the action level on each occasion that the average of the last three blood sampling tests conducted pursuant to this section (or the average of all blood sampling tests conducted over the previous six months, whichever is longer) indicates that the employee's blood lead level is at or above 50 ΅g/100 g of whole blood; provided, however, that an employee need not be removed if the last blood sampling test indicates a blood lead level at or below 40 ΅g/100 g of whole blood.

     (ii) Temporary removal due to a final medical determination.

     (A) The employer shall remove an employee from work having an exposure to lead at or above the action level on each occasion that a final medical determination results in a medical finding, determination, or opinion that the employee has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to lead.

     (B) For the purposes of this section, the phrase "final medical determination" shall mean the outcome of the multiple physician review mechanism or alternate medical determination mechanism used pursuant to the medical surveillance provisions of this section.

     (C) Where a final medical determination results in any recommended special protective measures for an employee, or limitations on an employee's exposure to lead, the employer shall implement and act consistent with the recommendation.

     (iii) Return of the employee to former job status.

     (A) The employer shall return an employee to his or her former job status:

     (I) For an employee removed due to a blood lead level at or above 60 ΅g/100 g, or due to an average blood lead level at or above 50 ΅g/100 g, when two consecutive blood sampling tests indicate that the employee's blood lead level is at or below 40 ΅g/100 g of whole blood;

     (II) For an employee removed due to a final medical determination, when a subsequent final medical determination results in a medical finding, determination, or opinion that the employee no longer has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to lead.

     (B) For the purposes of this section, the requirement that an employer return an employee to his or her former job status is not intended to expand upon or restrict any rights an employee has or would have had, absent temporary medical removal, to a specific job classification or position under the terms of a collective bargaining agreement.

     (iv) Removal of other employee special protective measure or limitations. The employer shall remove any limitations placed on an employee or end any special protective measures provided to an employee pursuant to a final medical determination when a subsequent final medical determination indicates that the limitations or special protective measures are no longer necessary.

     (v) Employer options pending a final medical determination. Where the multiple physician review mechanism, or alternate medical determination mechanism used pursuant to the medical surveillance provisions of this section, has not yet resulted in a final medical determination with respect to an employee, the employer shall act as follows:

     (A) Removal. The employer may remove the employee from exposure to lead, provide special protective measures to the employee, or place limitations upon the employee, consistent with the medical findings, determinations, or recommendations of any of the physicians who have reviewed the employee's health status.

     (B) Return. The employer may return the employee to his or her former job status, end any special protective measures provided to the employee, and remove any limitations placed upon the employee, consistent with the medical findings, determinations, or recommendations of any of the physicians who have reviewed the employee's health status, with two exceptions. If:

     (I) The initial removal, special protection, or limitation of the employee resulted from a final medical determination which differed from the findings, determinations, or recommendations of the initial physician; or

     (II) The employee has been on removal status for the preceding eighteen months due to an elevated blood lead level, then the employer shall await a final medical determination.

     (b) Medical removal protection benefits.

     (i) Provision of medical removal protection benefits. The employer shall provide to an employee up to eighteen months of medical removal protection benefits on each occasion that an employee is removed from exposure to lead or otherwise limited pursuant to this section.

     (ii) Definition of medical removal protection benefits. For the purposes of this section, the requirement that an employer provide medical removal protection benefits means that the employer shall maintain the earnings, seniority and other employment rights and benefits of an employee as though the employee had not been removed from normal exposure to lead or otherwise limited.

     (iii) Follow-up medical surveillance during the period of employee removal or limitation. During the period of time that an employee is removed from normal exposure to lead or otherwise limited, the employer may condition the provision of medical removal protection benefits upon the employee's participation in follow-up medical surveillance made available pursuant to this section.

     (iv) Workers' compensation claims. If a removed employee files a claim for workers' compensation payments for a lead-related disability, then the employer shall continue to provide medical removal protection benefits pending disposition of the claim. To the extent that an award is made to the employee for earnings lost during the period of removal, the employer's medical removal protection obligation shall be reduced by such amount. The employer shall receive no credit for workers' compensation payments received by the employee for treatment related expenses.

     (v) Other credits. The employer's obligation to provide medical removal protection benefits to a removed employee shall be reduced to the extent that the employee receives compensation for earnings lost during the period of removal either from a publicly or employer-funded compensation program, or receives income from employment with another employer made possible by virtue of the employee's removal.

     (vi) Employees whose blood lead levels do not adequately decline within eighteen months of removal. The employer shall take the following measures with respect to any employee removed from exposure to lead due to an elevated blood lead level whose blood lead level has not declined within the past eighteen months of removal so that the employee has been returned to his or her former job status:

     (A) The employer shall make available to the employee a medical examination pursuant to this section to obtain a final medical determination with respect to the employee;

     (B) The employer shall assure that the final medical determination obtained indicates whether or not the employee may be returned to his or her former job status, and if not, what steps should be taken to protect the employee's health;

     (C) Where the final medical determination has not yet been obtained, or once obtained indicates that the employee may not yet be returned to his or her former job status, the employer shall continue to provide medical removal protection benefits to the employee until either the employee is returned to former job status, or a final medical determination is made that the employee is incapable of ever safely returning to his or her former job status.

     (D) Where the employer acts pursuant to a final medical determination which permits the return of the employee to his or her former job status despite what would otherwise be an unacceptable blood lead level, later questions concerning removing the employee again shall be decided by a final medical determination. The employer need not automatically remove such an employee pursuant to the blood lead level removal criteria provided by this section.

     (vii) Voluntary removal or restriction of an employee. Where an employer, although not required by this section to do so, removes an employee from exposure to lead or otherwise places limitations on an employee due to the effects of lead exposure on the employee's medical condition, the employer shall provide medical removal protection benefits to the employee equal to that required by item (12)(b)(i) of this section.

     (13) Employee information and training.

     (a) Training program.

     (i) Each employer who has a workplace in which there is a potential exposure to airborne lead at any level shall inform employees of the content of Appendices A and B of this regulation.

     (ii) The employer shall institute a training program for and assure the participation of all employees who are subject to exposure to lead at or above the action level or for whom the possibility of skin or eye irritation exists.

     (iii) The employer shall provide initial training by one hundred eighty days from the effective date for those employees covered by item (13)(a)(ii) on the standard's effective date and prior to the time of initial job assignment for those employees subsequently covered by this subsection.

     (iv) The training program shall be repeated at least annually for each employee.

     (v) The employer shall assure that each employee is informed of the following:

     (A) The content of this standard and its appendices;

     (B) The specific nature of the operations which could result in exposure to lead above the action level;

     (C) The purpose, proper use, limitations, and other training requirements for respiratory protection as required by chapter 296-62 WAC, Part E;

     (D) The purpose and a description of the medical surveillance program, and the medical removal protection program including information concerning the adverse health effects associated with excessive exposure to lead (with particular attention to the adverse reproductive effects on both males and females);

     (E) The engineering controls and work practices associated with the employee's job assignment;

     (F) The contents of any compliance plan in effect; and

     (G) Instructions to employees that chelating agents should not routinely be used to remove lead from their bodies and should not be used at all except under the direction of a licensed physician.

     (b) Access to information and training materials.

     (i) The employer shall make readily available to all affected employees a copy of this standard and its appendices.

     (ii) The employer shall provide, upon request, all materials relating to the employee information and training program to the director.

     (iii) In addition to the information required by item (13)(a)(v), the employer shall include as part of the training program, and shall distribute to employees, any materials pertaining to the Occupational Safety and Health Act, the regulations issued pursuant to the act, and this lead standard, which are made available to the employer by the director.

     (14) Signs.

     (a) General.

     (i) The employer may use signs required by other statutes, regulations or ordinances in addition to, or in combination with, signs required by this subsection.

     (ii) The employer shall assure that no statement appears on or near any sign required by this subsection which contradicts or detracts from the meaning of the required sign.

     (b) Signs.

     (i) The employer shall post the following warning signs in each work area where the PEL is exceeded:

     (15) Recordkeeping.

     (a) Exposure monitoring.

     (i) The employer shall establish and maintain an accurate record of all monitoring required in subsection (5) of this section.

     (ii) This record shall include:

     (A) The date(s), number, duration, location and results of each of the samples taken, including a description of the sampling procedure used to determine representative employee exposure where applicable;

     (B) A description of the sampling and analytical methods used and evidence of their accuracy;

     (C) The type of respiratory protective devices worn, if any;

     (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; and

     (E) The environmental variables that could affect the measurement of employee exposure.

     (iii) The employer shall maintain these monitoring records for at least forty years or for the duration of employment plus twenty years, whichever is longer.

     (b) Medical surveillance.

     (i) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance as required by subsection (11) of this section.

     (ii) This record shall include:

     (A) The name, social security number, and description of the duties of the employee;

     (B) A copy of the physician's written opinions;

     (C) Results of any airborne exposure monitoring done for that employee and the representative exposure levels supplied to the physician; and

     (D) Any employee medical complaints related to exposure to lead.

     (iii) The employer shall keep, or assure that the examining physician keeps, the following medical records:

     (A) A copy of the medical examination results including medical and work history required under subsection (11) of this section;

     (B) A description of the laboratory procedures and a copy of any standards or guidelines used to interpret the test results or references to that information; and

     (C) A copy of the results of biological monitoring.

     (iv) The employer shall maintain or assure that the physician maintains those medical records for at least forty years, or for the duration of employment plus twenty years, whichever is longer.

     (c) Medical removals.

     (i) The employer shall establish and maintain an accurate record for each employee removed from current exposure to lead pursuant to subsection (12) of this section.

     (ii) Each record shall include:

     (A) The name and social security number of the employee;

     (B) The date on each occasion that the employee was removed from current exposure to lead as well as the corresponding date on which the employee was returned to his or her former job status;

     (C) A brief explanation of how each removal was or is being accomplished; and

     (D) A statement with respect to each removal indicating whether or not the reason for the removal was an elevated blood lead level.

     (iii) The employer shall maintain each medical removal record for at least the duration of an employee's employment.

     (d) Availability.

     (i) The employer shall make available upon request all records required to be maintained by subsection (15) of this section to the director for examination and copying.

     (ii) Environmental monitoring, medical removal, and medical records required by this subsection shall be provided upon request to employees, designated representatives, and the assistant director in accordance with WAC 296-62-05201 through 296-62-05209 and 296-62-05213 through 296-62-05217. Medical removal records shall be provided in the same manner as environmental monitoring records.

     (iii) Upon request, the employer shall make an employee's medical records required to be maintained by this section available to the affected employee or former employee or to a physician or other individual designated by such affected employee or former employees for examination and copying.

     (e) Transfer of records.

     (i) Whenever the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by subsection (15) of this section.

     (ii) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records required to be maintained by this section for the prescribed period, these records shall be transmitted to the director.

     (iii) At the expiration of the retention period for the records required to be maintained by this section, the employer shall notify the director at least three months prior to the disposal of such records and shall transmit those records to the director if requested within the period.

     (iv) The employer shall also comply with any additional requirements involving transfer of records set forth in WAC 296-62-05215.

     (16) Observation of monitoring.

     (a) Employee observation. The employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to lead conducted pursuant to subsection (5) of this section.

     (b) Observation procedures.

     (i) Whenever observation of the monitoring of employee exposure to lead requires entry into an area where the use of respirators, protective clothing or equipment is required, the employer shall provide the observer with and assure the use of such respirators, clothing and such equipment, and shall require the observer to comply with all other applicable safety and health procedures.

     (ii) Without interfering with the monitoring, observers shall be entitled to:

     (A) Receive an explanation of the measurement procedures;

     (B) Observe all steps related to the monitoring of lead performed at the place of exposure; and

     (C) Record the results obtained or receive copies of the results when returned by the laboratory.

     (17) Appendices. The information contained in the appendices to this section is not intended by itself, to create any additional obligations not otherwise imposed by this standard nor detract from any existing obligation.

     (a) Appendix A. Substance Data Sheet for Occupational Exposure to Lead.

     (i) Substance identification.

     (A) Substance. Pure lead (Pb) is a heavy metal at room temperature and pressure and is a basic chemical element. It can combine with various other substances to form numerous lead compounds.

     (B) Compounds covered by the standard. The word "lead" when used in this standard means elemental lead, all inorganic lead compounds (except those which are not biologically available due to either solubility or specific chemical interaction), and a class of organic lead compounds called lead soaps. This standard does not apply to other organic lead compounds.

     (C) Uses. Exposure to lead occurs in at least 120 different occupations, including primary and secondary lead smelting, lead storage battery manufacturing, lead pigment manufacturing and use, solder manufacturing and use, shipbuilding and ship repairing, auto manufacturing, and printing.

     (D) Permissible exposure. The Permissible Exposure Limit (PEL) set by the standard is 50 micrograms of lead per cubic meter of air (50 ΅g/m³), averaged over an eight-hour work day.

     (E) Action level. The standard establishes an action level of 30 micrograms per cubic meter of air (30 ΅g/m³) time weighted average, based on an eight-hour work day. The action level initiates several requirements of the standard, such as exposure monitoring, medical surveillance, and training and education.

     (ii) Health hazard data.

     (A) Ways in which lead enters your body.

     (I) When absorbed into your body in certain doses lead is a toxic substance. The object of the lead standard is to prevent absorption of harmful quantities of lead. The standard is intended to protect you not only from the immediate toxic effects of lead, but also from the serious toxic effects that may not become apparent until years of exposure have passed.

     (II) Lead can be absorbed into your body by inhalation (breathing) and ingestion (eating). Lead (except for certain organic lead compounds not covered by the standard, such as tetraethyl lead) is not absorbed through your skin. When lead is scattered in the air as a dust, fume or mist, it can be inhaled and absorbed through your lungs and upper respiratory tract. Inhalation of airborne lead is generally the most important source of occupational lead absorption. You can also absorb lead through your digestive system if lead gets into your mouth and is swallowed. If you handle food, cigarettes, chewing tobacco, or make-up which have lead on them or handle them with hands contaminated with lead, this will contribute to ingestion.

     (III) A significant portion of the lead that you inhale or ingest gets into your blood stream. Once in your blood stream lead is circulated throughout your body and stored in various organs and body tissues. Some of this lead is quickly filtered out of your body and excreted, but some remains in your blood and other tissue. As exposure to lead continues, the amount stored in your body will increase if you are absorbing more lead than your body is excreting. Even though you may not be aware of any immediate symptoms of disease, this lead stored in your tissues can be slowly causing irreversible damage, first to individual cells, then to your organs and whole body systems.

     (B) Effects of overexposure to lead.

     (I) Short-term (acute) overexposure. Lead is a potent, systemic poison that serves no known useful function once absorbed by your body. Taken in large enough doses, lead can kill you in a matter of days. A condition affecting the brain called acute encephalopathy may arise which develops quickly to seizures, coma, and death from cardiorespiratory arrest. A short-term dose of lead can lead to acute encephalopathy. Short-term occupational exposures of this magnitude are highly unusual, but not impossible. Similar forms of encephalopathy may, however arise from extended, chronic exposure to lower doses of lead. There is no sharp dividing line between rapidly developing acute effects of lead, and chronic effects which take longer to acquire. Lead adversely affects numerous body systems, and causes forms of health impairment and disease which arise after periods of exposure as short as days or as long as several years.

     (II) Long-term (chronic) overexposure.

     a) Chronic overexposure to lead may result in severe damage to your blood-forming, nervous, urinary and reproductive systems. Some common symptoms of chronic overexposure include loss of appetite, metallic taste in the mouth, anxiety, constipation, nausea, pallor, excessive tiredness, weakness, insomnia, headache, nervous irritability, muscle and joint pain or soreness, fine tremors, numbness, dizziness, hyperactivity and colic. In lead colic there may be severe abdominal pain.

     b) Damage to the central nervous system in general and the brain (encephalopathy) in particular is one of the most severe forms of lead poisoning. The most severe, often fatal, form of encephalopathy may be preceded by vomiting, a feeling of dullness progressing to drowsiness and stupor, poor memory, restlessness, irritability, tremor, and convulsions. It may arise suddenly with the onset of seizures, followed by coma, and death. There is a tendency for muscular weakness to develop at the same time. This weakness may progress to paralysis often observed as a characteristic "wrist drop" or "foot drop" and is a manifestation of a disease to the nervous system called peripheral neuropathy.

     c) Chronic overexposure to lead also results in kidney disease with few, if any, symptoms appearing until extensive and most likely permanent kidney damage has occurred. Routine laboratory tests reveal the presence of this kidney disease only after about two-thirds of kidney function is lost. When overt symptoms of urinary dysfunction arise, it is often too late to correct or prevent worsening conditions, and progression of kidney dialysis or death is possible.

     d) Chronic overexposure to lead impairs the reproductive systems of both men and women. Overexposure to lead may result in decreased sex drive, impotence and sterility in men. Lead can alter the structure of sperm cells raising the risk of birth defects. There is evidence of miscarriage and stillbirth in women whose husbands were exposed to lead or who were exposed to lead themselves. Lead exposure also may result in decreased fertility, and abnormal menstrual cycles in women. The course of pregnancy may be adversely affected by exposure to lead since lead crosses the placental barrier and poses risks to developing fetuses. Children born of parents either one of whom were exposed to excess lead levels are more likely to have birth defects, mental retardation, behavioral disorders or die during the first year of childhood.

     e) Overexposure to lead also disrupts the blood-forming system resulting in decreased hemoglobin (the substance in the blood that carries oxygen to the cells) and ultimately anemia. Anemia is characterized by weakness, pallor and fatigability as a result of decreased oxygen carrying capacity in the blood.

     (III) Health protection goals of the standard.

     a) Prevention of adverse health effects for most workers from exposure to lead throughout a working lifetime requires that worker blood lead (PbB) levels be maintained at or below forty micrograms per one hundred grams of whole blood (40 ΅g/100g). The blood lead levels of workers (both male and female workers) who intend to have children should be maintained below 30 ΅g/100g to minimize adverse reproductive health effects to the parents and to the developing fetus.

     b) The measurement of your blood lead level is the most useful indicator of the amount of lead absorbed by your body. Blood lead levels (PbB) are most often reported in units of milligrams (mg) or micrograms (΅g) of lead (1 mg = 1000 ΅g) per 100 grams (100g), 100 milliliters (100 ml) or deciliter (dl) of blood. These three units are essentially the same. Sometimes PbB's are expressed in the form of mg% or ΅g%. This is a shorthand notation for 100g, 100ml, or dl.

     c) PbB measurements show the amount of lead circulating in your blood stream, but do not give any information about the amount of lead stored in your various tissues. PbB measurements merely show current absorption of lead, not the effect that lead is having on your body or the effects that past lead exposure may have already caused. Past research into lead-related diseases, however, has focused heavily on associations between PbBs and various diseases. As a result, your PbB is an important indicator of the likelihood that you will gradually acquire a lead-related health impairment or disease.

     d) Once your blood lead level climbs above 40 ΅g/100g, your risk of disease increases. There is a wide variability of individual response to lead, thus it is difficult to say that a particular PbB in a given person will cause a particular effect. Studies have associated fatal encephalopathy with PbBs as low as 150 ΅g/100g. Other studies have shown other forms of disease in some workers with PbBs well below 80 ΅g/100g. Your PbB is a crucial indicator of the risks to your health, but one other factor is extremely important. This factor is the length of time you have had elevated PbBs. The longer you have an elevated PbB, the greater the risk that large quantities of lead are being gradually stored in your organs and tissues (body burden). The greater your overall body burden, the greater the chances of substantial permanent damage.

     e) The best way to prevent all forms of lead-related impairments and diseases -- both short-term and long-term -- is to maintain your PbB below 40 ΅g/100g. The provisions of the standard are designed with this end in mind. Your employer has prime responsibility to assure that the provisions of the standard are complied with both by the company and by individual workers. You as a worker, however, also have a responsibility to assist your employer in complying with the standard. You can play a key role in protecting your own health by learning about the lead hazards and their control, learning what the standard requires, following the standard where it governs your own action, and seeing that your employer complies with the provisions governing his actions.

     (IV) Reporting signs and symptoms of health problems. You should immediately notify your employer if you develop signs or symptoms associated with lead poisoning or if you desire medical advice concerning the effects of current or past exposure to lead on your ability to have a healthy child. You should also notify your employer if you have difficulty breathing during a respirator fit test or while wearing a respirator. In each of these cases your employer must make available to you appropriate medical examinations or consultations. These must be provided at no cost to you and at a reasonable time and place.

     (b) Appendix B. Employee Standard Summary. This appendix summarizes key provisions of the standard that you as a worker should become familiar with. The appendix discusses the entire standard.

     (i) Permissible exposure limit (PEL). The standard sets a permissible exposure limit (PEL) of fifty micrograms of lead per cubic meter of air (50 ΅g/m³), averaged over and eight-hour workday. This is the highest level of lead in air to which you may be permissibly exposed over an eight-hour workday. Since it is an eight-hour average it permits short exposures above the PEL so long as for each eight-hour workday your average exposure does not exceed the PEL.

     (ii) Exposure monitoring.

     (A) If lead is present in the work place where you work in any quantity, your employer is required to make an initial determination of whether the action level is exceeded for any employee. The initial determination must include instrument monitoring of the air for the presence of lead and must cover the exposure of a representative number of employees who are reasonably believed to have the highest exposure levels. If your employer has conducted appropriate air sampling for lead in the past year he may use these results. If there have been any employee complaints of symptoms which may be attributable to exposure to lead or if there is any other information or observations which would indicate employee exposure to lead, this must also be considered as part of the initial determination. If this initial determination shows that a reasonable possibility exists that any employee may be exposed, without regard to respirators, over the action level (30 ΅g/m³) your employer must set up an air monitoring program to determine the exposure level of every employee exposed to lead at your work place.

     (B) In carrying out this air monitoring program, your employer is not required to monitor the exposure of every employee, but he or she must monitor a representative number of employees and job types. Enough sampling must be done to enable each employee's exposure level to be reasonably represented by at least one full shift (at least seven hours) air sample. In addition, these air samples must be taken under conditions which represent each employee's regular, daily exposure to lead.

     (C) If you are exposed to lead and air sampling is performed, your employer is required to quickly notify you in writing of air monitoring results which represent your exposure. If the results indicate your exposure exceeds the PEL (without regard to your use of respirators), then your employer must also notify you of this in writing, and provide you with a description of the corrective action that will be taken to reduce your exposure.

     (D) Your exposure must be rechecked by monitoring every six months if your exposure is over the action level but below the PEL. Air monitoring must be repeated every three months if you are exposed over the PEL. Your employer may discontinue monitoring for you if two consecutive measurements, taken at least two weeks apart, are below the action level. However, whenever there is a production, process, control, or personnel change at your work place which may result in new or additional exposure to lead, or whenever there is any other reason to suspect a change which may result in new or additional exposure to lead, your employer must perform additional monitoring.

     (iii) Methods of compliance. Your employer is required to assure that no employee is exposed to lead in excess of the PEL. The standard establishes a priority of methods to be used to meet the PEL.

     (iv) Respiratory protection.

     (A) Your employer is required to provide and assure your use of respirators when your exposure to lead is not controlled below the PEL by other means. The employer must pay the cost of the respirator. Whenever you request one, your employer is also required to provide you a respirator even if your air exposure level does not exceed the PEL. You might desire a respirator when, for example, you have received medical advice that your lead absorption should be decreased. Or, you may intend to have children in the near future, and want to reduce the level of lead in your body to minimize adverse reproductive effects. While respirators are the least satisfactory means of controlling your exposure, they are capable of providing significant protection if properly chosen, fitted, worn, cleaned, maintained, and replaced when they stop providing adequate protection.

     (B) Your employer is required to select respirators from the seven types listed in Table II of the respiratory protection section of this standard (see subsection (7)(c) of this section). Any respirator chosen must be certified by the National Institute for Occupational Safety and Health (NIOSH) under the provisions of 42 CFR part 84. This respirator selection table will enable your employer to choose a type of respirator which will give you a proper amount of protection based on your airborne lead exposure. Your employer may select a type of respirator that provides greater protection than that required by the standard; that is, one recommended for a higher concentration of lead than is present in your work place. For example, a powered air purifying respirator (PAPR) is much more protective than a typical negative-pressure respirator, and may also be more comfortable to wear. A PAPR has a filter, cartridge or canister to clean the air, and a power source which continuously blows filtered air into your breathing zone. Your employer might make a PAPR available to you to ease the burden of having to wear a respirator for long periods of time. The standard provides that you can obtain a PAPR upon request.

     (C) Your employer must also start a respiratory protection program. This program must include written procedures for the proper selection, use, cleaning, storage, and maintenance of respirators.

     (D) Your employer must assure that your respirator facepiece fits properly. Proper fit of a respirator facepiece is critical to your protection against air borne lead. Obtaining a proper fit on each employee may require your employer to make available several different types of respirator masks. To ensure that your respirator fits properly and that facepiece leakage is minimal, your employer must give you either a qualitative or quantitative fit test as required in chapter 296-62 WAC, Part E.

     (E) You must also receive from your employer proper training in the use of respirators. Your employer is required to teach you how to wear a respirator, to know why it is needed, and to understand its limitations.

     (F) The standard provides that if your respirator uses filter elements, you must be given an opportunity to change the filter elements whenever an increase in breathing resistance is detected. You also must be permitted to periodically leave your work area to wash your face and respirator facepiece whenever necessary to prevent skin irritation. If you ever have difficulty breathing during a fit test or while using a respirator, your employer must make a medical examination available to you to determine whether you can safely wear a respirator. The result of this examination may be to give you a positive pressure respirator (which reduces breathing resistance) or to provide alternative means of protection.

     (v) Protective work clothing and equipment. If you are exposed to lead above the PEL, or if you are exposed to lead compounds such as lead arsenate or lead azide which can cause skin and eye irritation, your employer must provide you with protective work clothing and equipment appropriate for the hazard. If work clothing is provided, it must be provided in a clean and dry condition at least weekly, and daily if your airborne exposure to lead is greater than 200 ΅g/m³. Appropriate protective work clothing and equipment can include coveralls or similar full-body work clothing, gloves, hats, shoes or disposable shoe coverlets, and face shields or vented goggles. Your employer is required to provide all such equipment at no cost to you. He or she is responsible for providing repairs and replacement as necessary and also is responsible for the cleaning, laundering or disposal of protective clothing and equipment. Contaminated work clothing or equipment must be removed in change rooms and not worn home or you will extend your exposure and expose your family since lead from your clothing can accumulate in your house, car, etc. Contaminated clothing which is to be cleaned, laundered or disposed of must be placed in closed containers in the change room. At no time may lead be removed from protective clothing or equipment by any means which disperses lead into the work room air.

     (vi) Housekeeping. Your employer must establish a housekeeping program sufficient to maintain all surfaces as free as practicable of accumulations of lead dust. Vacuuming is the preferred method of meeting this requirement, and the use of compressed air to clean floors and other surfaces is absolutely prohibited. Dry or wet sweeping, shoveling, or brushing may not be used except where vacuuming or other equally effective methods have been tried and do not work. Vacuums must be used and emptied in a manner which minimizes the reentry of lead into the work place.

     (vii) Hygiene facilities and practices.

     (A) The standard requires that change rooms, showers and filtered air lunchrooms be constructed and made available to workers exposed to lead above the PEL. When the PEL is exceeded, the employer must assure that food and beverage is not present or consumed, tobacco products are not present or used, and cosmetics are not applied, except in these facilities. Change rooms, showers and lunchrooms, must be used by workers exposed in excess of the PEL. After showering, no clothing or equipment worn during the shift may be worn home and this includes shoes and underwear. Your own clothing worn during the shift should be carried home and cleaned carefully so that it does not contaminate your home. Lunchrooms may not be entered with protective clothing or equipment unless surface dust has been removed by vacuuming, downdraft booth or other cleaning methods. Finally, workers exposed above the PEL must wash both their hands and faces prior to eating, drinking, smoking or applying cosmetics.

     (B) All of the facilities and hygiene practices just discussed are essential to minimize additional sources of lead absorption from inhalation or ingestion of lead that may accumulate on you, your clothes or your possessions. Strict compliance with these provisions can virtually eliminate several sources of lead exposure which significantly contribute to excessive lead absorption.

     (viii) Medical surveillance.

     (A) The medical surveillance program is part of the standard's comprehensive approach to the prevention of lead-related disease. Its purpose is to supplement the main thrust of the standard which is aimed at minimizing airborne concentrations of lead and sources of ingestion. Only medical surveillance can determine if the other provisions of the standard have effectively protected you as an individual. Compliance with the standard's provision will protect most workers from the adverse effects of lead exposure, but may not be satisfactory to protect individual workers (I) who have high body burdens of lead acquired over past years, (II) who have additional uncontrolled sources of nonoccupational lead exposure, (III) who exhibit unusual variations in lead absorption rates, or (IV) who have specific nonwork related medical conditions which could be aggravated by lead exposure (e.g., renal disease, anemia). In addition, control systems may fail, or hygiene and respirator programs may be inadequate. Periodic medical surveillance of individual workers will help detect those failures. Medical surveillance will also be important to protect your reproductive ability -regardless of whether you are a man or a woman.

     (B) All medical surveillance required by the standard must be performed by or under the supervision of a licensed physician. The employer must provide required medical surveillance without cost to employees and at a reasonable time and place. The standard's medical surveillance program has two parts - periodic biological monitoring, and medical examinations.

     (C) Your employer's obligation to offer medical surveillance is triggered by the results of the air monitoring program. Medical surveillance must be made available to all employees who are exposed in excess of the action level for more than 30 days a year. The initial phase of the medical surveillance program, which included blood lead level tests and medical examinations, must be completed for all covered employees no later than 180 days from the effective date of this standard. Priority within this first round of medical surveillance must be given to employees whom the employer believes to be at greatest risk from continued exposure (for example, those with the longest prior exposure to lead, or those with the highest current exposure). Thereafter, the employer must periodically make medical surveillance - both biological monitoring and medical examinations - available to all covered employees.

     (D) Biological monitoring under the standard consists of blood lead level (PbB) and zinc protoporphyrin tests at least every six months after the initial PbB test. A zinc protoporphyrin (ZPP) test is a very useful blood test which measures an effect of lead on your body. If a worker's PbB exceeds 40 ΅g/100g, the monitoring frequency must be increased from every six months to at least every two months and not reduced until two consecutive PbBs indicate a blood lead level below 40 ΅g/100g. Each time your PbB is determined to be over 40΅g/100g, your employer must notify you of this in writing within five working days of the receipt of the test results. The employer must also inform you that the standard requires temporary medical removal with economic protection when your PbB exceeds certain criteria (see Discussion of Medical Removal Protection - subsection (12)). During the first year of the standard, this removal criterion is 80 ΅g/100g. Anytime your PbB exceeds 80 ΅g/100g your employer must make available to you a prompt follow-up PbB test to ascertain your PbB. If the two tests both exceed 80 ΅g/100g and you are temporarily removed, then your employer must make successive PbB tests available to you on a monthly basis during the period of your removal.

     (E) Medical examinations beyond the initial one must be made available on an annual basis if your blood lead levels exceeds 40΅g/100g at any time during the preceding year. The initial examination will provide information to establish a baseline to which subsequent data can be compared. An initial medical examination must also be made available (prior to assignment) for each employee being assigned for the first time to an area where the airborne concentration of lead equals or exceeds the action level. In addition, a medical examination or consultation must be made available as soon as possible if you notify your employer that you are experiencing signs or symptoms commonly associated with lead poisoning or that you have difficulty breathing while wearing a respirator or during a respirator fit test. You must also be provided a medical examination or consultation if you notify your employer that you desire medical advice concerning the effects of current or past exposure to lead on your ability to procreate a healthy child.

     (F) Finally, appropriate follow-up medical examinations or consultations may also be provided for employees who have been temporarily removed from exposure under the medical removal protection provisions of the standard (see item (ix) below).

     (G) The standard specifies the minimum content of preassignment and annual medical examinations. The content of other types of medical examinations and consultations is left up to the sound discretion of the examining physician. Preassignment and annual medical examinations must include (I) a detailed work history and medical history, (II) a thorough physical examination, and (III) a series of laboratory tests designed to check your blood chemistry and your kidney function. In addition, at any time upon your request, a laboratory evaluation of male fertility will be made (microscopic examination of a sperm sample), or a pregnancy test will be given.

     (H) The standard does not require that you participate in any of the medical procedures, tests, etc., which your employer is required to make available to you. Medical surveillance can, however, play a very important role in protecting your health. You are strongly encouraged, therefore, to participate in a meaningful fashion. Generally, your employer will choose the physician who conducts medical surveillance under the lead standard - unless you and your employer can agree on the choice of a physician or physicians. Some companies and unions have agreed in advance, for example, to use certain independent medical laboratories or panels of physicians. Any of these arrangements are acceptable so long as required medical surveillance is made available to workers.

     (I) The standard requires your employer to provide certain information to a physician to aid in his or her examination of you. This information includes (I) the standard and its appendices, (II) a description of your duties as they relate to lead exposure, (III) your exposure level, (IV) a description of personal protective equipment you wear, (V) prior blood level results, and (VI) prior written medical opinions concerning you that the employer has. After a medical examination or consultation the physician must prepare a written report which must contain (I) the physician's opinion as to whether you have any medical conditions which places you at increased risk of material impairment to health from exposure to lead, (II) any recommended special protective measures to be provided to you, (III) any blood lead level determinations, and (IV) any recommended limitation on your use of respirators. This last element must include a determination of whether you can wear a powered air purifying respirator (PAPR) if you are found unable to wear a negative pressure respirator.

     (J) The medical surveillance program of the lead standard may at some point in time serve to notify certain workers that they have acquired a disease or other adverse medical condition as a result of occupational lead exposure. If this is true these workers might have legal rights to compensation from public agencies, their employers, firms that supply hazardous products to their employers, or other persons. Some states have laws, including worker compensation laws, that disallow a worker to learn of a job-related health impairment to sue, unless the worker sues within a short period of time after learning of the impairment. (This period of time may be a matter of months or years.) An attorney can be consulted about these possibilities. It should be stressed that WISHA is in no way trying to either encourage or discourage claims or lawsuits. However, since results of the standard's medical surveillance program can significantly affect the legal remedies of a worker who has acquired a job-related disease or impairment, it is proper for WISHA to make you aware of this.

     (K) The medical surveillance section of the standard also contains provisions dealing with chelation. Chelation is the use of certain drugs (administered in pill form or injected into the body) to reduce the amount of lead absorbed in body tissues. Experience accumulated by the medical and scientific communities has largely confirmed the effectiveness of this type of therapy for the treatment of very severe lead poisoning. On the other hand it has also been established that there can be a long list of extremely harmful side effects associated with the use of chelating agents. The medical community has balanced the advantages and disadvantages resulting from the use of chelating agents in various circumstances and has established when the use of these agents is acceptable. The standard includes these accepted limitations due to a history of abuse of chelation therapy by some lead companies. The most widely used chelating agents are calcium disodium EDTA, (Ca Na₂EDTA), Calcium Disodium Versenate (Versenate), and d-penicillamine (penicillamine or Cupramine).

     (L) The standard prohibits "prophylactic chelation" of any employee by any person the employer retains, supervises or controls. "Prophylactic chelation" is the routine use of chelating or similarly acting drugs to prevent elevated blood levels in workers who are occupationally exposed to lead, or the use of these drugs to routinely lower blood lead levels to predesignated concentrations believed to be safe. It should be emphasized that where an employer takes a worker who has no symptoms of lead poisoning and has chelation carried out by a physician (either inside or outside of a hospital) solely to reduce the worker's blood lead level, that will generally be considered prophylactic chelation. The use of a hospital and a physician does not mean that prophylactic chelation is not being performed. Routine chelation to prevent increased or reduce current blood lead levels is unacceptable whatever the setting.

     (M) The standard allows the use of "therapeutic" or "diagnostic" chelation if administered under the supervision of a licensed physician in a clinical setting with thorough and appropriate medical monitoring. Therapeutic chelation responds to severe lead poisoning where there are marked symptoms. Diagnostic chelation, involves giving a patient a dose of the drug then collecting all urine excreted for some period of time as an aid to the diagnosis of lead poisoning.

     (N) In cases where the examining physician determines that chelation is appropriate, you must be notified in writing of this fact before such treatment. This will inform you of a potentially harmful treatment, and allow you to obtain a second opinion.

     (ix) Medical removal protection.

     (A) Excessive lead absorption subjects you to increased risk of disease. Medical removal protection (MRP) is a means of protecting you when for whatever reasons, other methods, such as engineering controls, work practices, and respirators, have failed to provide the protection you need. MRP involves the temporary removal of a worker from his or her regular job to a place of significantly lower exposure without any loss of earnings, seniority, or other employment rights of benefits. The purpose of this program is to cease further lead absorption and allow your body to naturally excrete lead which has previously been absorbed. Temporary medical removal can result from an elevated blood lead level, or a medical opinion. Up to eighteen months of protection is provided as a result of either form of removal. The vast majority of removed workers, however, will return to their former jobs long before this eighteen month period expires. The standard contains special provisions to deal with the extraordinary but possible case where a long-term worker's blood lead level does not adequately decline during eighteen months of removal.

     (B) During the first year of the standard, if your blood lead level is 80 ΅g/100g or above you must be removed from any exposure where your air lead level without a respirator would be 100 ΅g/m³ or above. If you are removed from your normal job you may not be returned until your blood lead level declines to at least 60 ΅g/100g. These criteria for removal and return will change according to the following schedule:

TABLE 1

Effective Date	Removal Blood Level (΅g/100g)	Air Lead (΅g/m3)	Return Blood Lead (΅g/100g)
9/6/81	At or above 70	50 or above	At or below 50
9/6/82	At or above 60	30 or above	At or below 40
9/6/84	At or above 50 averaged over six months	30 or above	At or below 40

     (C) You may also be removed from exposure even if your blood lead levels are below these criteria if a final medical determination indicates that you temporarily need reduced lead exposure for medical reasons. If the physician who is implementing your employer's medical program makes a final written opinion recommending your removal or other special protective measures, your employer must implement the physician's recommendation. If you are removed in this manner, you may only be returned when the physician indicates it is safe for you to do so.

     (D) The standard does not give specific instructions dealing with what an employer must do with a removed worker. Your job assignment upon removal is a matter for you, your employer and your union (if any) to work out consistent with existing procedures for job assignments. Each removal must be accomplished in a manner consistent with existing collective bargaining relationships. Your employer is given broad discretion to implement temporary removals so long as no attempt is made to override existing agreements. Similarly, a removed worker is provided no right to veto an employer's choice which satisfies the standard.

     (E) In most cases, employers will likely transfer removed employees to other jobs with sufficiently low lead exposure. Alternatively, a worker's hours may be reduced so that the time weighted average exposure is reduced, or he or she may be temporarily laid off if no other alternative is feasible.

     (F) In all of these situations, MRP benefits must be provided during the period of removal - i.e., you continue to receive the same earnings, seniority, and other rights and benefits you would have had if you had not been removed. Earnings include more that just your base wage; it includes overtime, shift differentials, incentives, and other compensation you would have earned if you had not been removed. During the period of removal you must also be provided with appropriate follow-up medical surveillance. If you were removed because your blood lead level was too high, you must be provided with a monthly blood test. If a medical opinion caused your removal, you must be provided medical tests or examinations that the physician believes to be appropriate. If you do not participate in this follow-up medical surveillance, you may lose your eligibility for MRP benefits.

     (G) When you are medically eligible to return to your former job, your employer must return you to your "former job status." This means that you are entitled to the position, wages, benefits, etc., you would have had if you had not been removed. If you would still be in your old job if no removal had occurred, that is where you go back. If not, you are returned consistent with whatever job assignment discretion your employer would have had if no removal had occurred. MRP only seeks to maintain your rights, not expand them or diminish them.

     (H) If you are removed under MRP and you are also eligible for worker compensation or other compensation for lost wages, your employer's MRP benefits obligation is reduced by the amount that you actually receive from these other sources. This is also true if you obtain other employment during the time you are laid off with MRP benefits.

     (I) The standard also covers situations where an employer voluntarily removes a worker from exposure to lead due to the effects of lead on the employee's medical condition, even though the standard does not require removal. In these situations MRP benefits must still be provided as though the standard required removal. Finally, it is important to note that in all cases where removal is required, respirators cannot be used as a substitute. Respirators may be used before removal becomes necessary, but not as an alternative to a transfer to a low exposure job, or to a lay-off with MRP benefits.

     (x) Employee information and training.

     (A) Your employer is required to provide an information and training program for all employees exposed to lead above the action level or who may suffer skin or eye irritation from lead. This program must inform these employees of the specific hazards associated with their work environment, protective measures which can be taken, the danger of lead to their bodies (including their reproductive systems), and their rights under the standard. In addition, your employer must make readily available to all employees, including those exposed below the action level, a copy of the standard and its appendices and must distribute to all employees any materials provided to the employer under the Washington Industrial Safety and Health Act (WISHA).

     (B) Your employer is required to complete this training for all employees by March 4, 1981. After this date, all new employees must be trained prior to initial assignment to areas where there is possibility of exposure over the action level. This training program must also be provided at least annually thereafter.

     (xi) Signs. The standard requires that the following warning sign be posted in work areas where the exposure to lead exceeds the PEL:

     (A) Your employer is required to keep all records of exposure monitoring for airborne lead. These records must include the name and job classification of employees measured, details of the sampling and analytic techniques, the results of this sampling and the type of respiratory protection being worn by the person sampled. Your employer is also required to keep all records of biological monitoring and medical examination results. These must include the names of the employees, the physician's written opinion and a copy of the results of the examination. All of the above kinds of records must be kept for 40 years, or for at least 20 years after your termination of employment, whichever is longer.

     (B) Recordkeeping is also required if you are temporarily removed from your job under the MRP program. This record must include your name and social security number, the date of your removal and return, how the removal was or is being accomplished, and whether or not the reason for the removal was an elevated blood lead level. Your employer is required to keep each medical removal record only for as long as the duration of an employee's employment.

     (C) The standard requires that if you request to see or copy environmental monitoring, blood lead level monitoring, or medical removal records, they must be made available to you or to a representative that you authorize. Your union also has access to these records. Medical records other than PbBs must also be provided to you upon request, to your physician or to any other person whom you may specifically designate. Your union does not have access to your personal medical records unless you authorize their access.

     (xiii) Observations of monitoring. When air monitoring for lead is performed at your work place as required by this standard, your employer must allow you or someone you designate to act as an observer of the monitoring. Observers are entitled to an explanation of the measurement procedure, and to record the results obtained. Since results will not normally be available at the time of the monitoring, observers are entitled to record or receive the results of the monitoring when returned by the laboratory. Your employer is required to provide the observer with any personal protective devices required to be worn by employees working in the areas that is being monitored. The employer must require the observer to wear all such equipment and to comply with all other applicable safety and health procedures.

     (xiv) Effective date. The standard's effective date is September 6, 1980, and the employer's obligation under the standard begin to come into effect as of that date. The standard was originally adopted as WAC 296-62-07349 and later recodified to WAC 296-62-07521.

     (c) Appendix C. Medical Surveillance Guidelines.

     (i) Introduction.

     (A) The primary purpose of the Washington Industrial Safety and Health Act of 1973 is to assure, so far as possible, safe and healthful working conditions for every working man and woman. The occupational health standard for inorganic lead* was promulgated to protect workers exposed to inorganic lead including metallic lead, all inorganic lead compounds and organic lead soaps.

     *The term inorganic lead used throughout the medical surveillance appendices is meant to be synonymous with the definition of lead set forth in the standard.

     (B) Under this final standard in effect as of September 6, 1980, occupational exposure to inorganic lead is to be limited to 50 ΅g/m³ (micrograms per cubic meter) based on an eight-hour time-weighted average (TWA). This level of exposure eventually must be achieved through a combination of engineering, work practice and other administrative controls. Periods of time ranging from one to ten years are provided for different industries to implement these controls which are based on individual industry considerations. Until these controls are in place, respirators must be used to meet the 50 ΅g/m³ exposure limit.

     (C) The standard also provides for a program of biological monitoring and medical surveillance for all employees exposed to levels of inorganic lead above the action level of 30 ΅g/m³ for more than thirty days per year.

     (D) The purpose of this document is to outline the medical surveillance provisions of the standard for inorganic lead, and to provide further information to the physician regarding the examination and evaluation of workers exposed to inorganic lead.

     (E) Item (ii) provides a detailed description of the monitoring procedure including the required frequency of blood testing for exposed workers, provisions for medical removal protection (MRP), the recommended right of the employee to a second medical opinion, and notification and recordkeeping requirements of the employer. A discussion of the requirements for respirator use and respirator monitoring and WISHA's position on prophylactic chelation therapy are also included in this section.

     (F) Item (iii) discusses the toxic effects and clinical manifestations of lead poisoning and effects of lead intoxication on enzymatic pathways in heme synthesis. The adverse effects on both male and female reproductive capacity and on the fetus are also discussed.

     (G) Item (iv) outlines the recommended medical evaluation of the worker exposed to inorganic lead including details of the medical history, physical examination, and recommended laboratory tests, which are based on the toxic effects of lead as discussed in item (ii).

     (H) Item (v) provides detailed information concerning the laboratory tests available for the monitoring of exposed workers. Included also is a discussion of the relative value of each test and the limitations and precautions which are necessary in the interpretation of the laboratory results.

     (I) Airborne levels to be achieved without reliance or respirator protection through a combination of engineering and work practice or other administrative controls are illustrated in the following table:

Industry	Permissible Lead Level/Compliance Date
	200΅g/m3	100΅g/m3	50΅g/m3
Primary Lead Production	1973	06/29/84	06/29/91
Secondary Lead Production	1973	06/29/84	06/29/91
Lead Acid Battery Manufacturing	1973	06/29/83	06/29/91
Automobile Mfg./Solder, Grinding	1973	N/A	03/08/97
Electronics, Gray Iron Foundries, Ink Mfg., Paints and Coatings Mfg., Can Mfg., Wallpaper Mfg., and Printing.	1973	N/A	06/29/91
Lead Chemical Mfg., Nonferrous Foundries, Leaded Steel Mfg., Battery Breaking in the Collection and Processing of Scrap (when not a part of secondary lead smelter) Secondary Copper Smelter, Brass and Bronze Ingot Production.	1973	N/A	N/A1*
All Other Industries	1973	N/A	09/08/92

*	Feasibility of achieving the PEL by engineering and work practice controls for these industries has yet to be resolved in court, therefore no date has been scheduled.

     (ii) Medical surveillance and monitoring requirements for workers exposed to inorganic lead.

     (A) Under the occupational health standard for inorganic lead, a program of biological monitoring and medical surveillance is to be made available to all employees exposed to lead above the action level of 30 ΅g/m³ TWA for more than thirty days each year. This program consists of periodic blood sampling and medical evaluation to be performed on a schedule which is defined by previous laboratory results, worker complaints or concerns, and the clinical assessment of the examining physician.

     (B) Under this program, the blood lead level of all employees who are exposed to lead above the action level of 30 ΅g/m³ is to be determined at least every six months. The frequency is increased to every two months for employees whose last blood lead level was between 40΅g/100g whole blood and the level requiring employee medical removal to be discussed below. For employees who are removed from exposure to lead due to an elevated blood lead, a new blood lead level must be measured monthly. Zinc protoporphyrin (ZPP) measurement is required on each occasion that a blood lead level measurement is made.

     (C) An annual medical examination and consultation performed under the guidelines discussed in item (iv) is to be made available to each employee for whom a blood test conducted at any time during the preceding twelve months indicated a blood lead level at or above 40΅g/100g. Also, an examination is to be given to all employees prior to their assignment to an area in which airborne lead concentrations reach or exceed the action level. In addition, a medical examination must be provided as soon as possible after notification by an employee that the employee has developed signs or symptoms commonly associated with lead intoxication, that the employee desires medical advice regarding lead exposure and the ability to procreate a healthy child, or that the employee has demonstrated difficulty in breathing during a respirator fitting test or during respirator use. An examination is also to be made available to each employee removed from exposure to lead due to a risk of sustaining material impairment to health, or otherwise limited or specially protected pursuant to medical recommendations.

     (D) Results of biological monitoring or the recommendations of an examining physician may necessitate removal of an employee from further lead exposure pursuant to the standard's medical removal program (MRP). The object of the MRP program is to provide temporary medical removals to workers either with substantially elevated blood lead levels or otherwise at risk of sustaining material health impairment from continued substantial exposure to lead. The following guidelines which are summarized in Table 10 were created under the standard for the temporary removal of an exposed employee and his or her subsequent return to work in an exposure area.

TABLE 10

	EFFECTIVE DATE
			Sept. 6, 1980	Sept. 6, 1981	Sept. 6, 1982	Sept. 6, 1983	Sept. 6, 1984
A.	Blood lead level requiring employee medical removal (level must be confirmed with second follow-up blood lead level within two weeks of first report).		>80 ΅g/100g.	>70 ΅g/100g.	>60 ΅g/100g.	>60 ΅g/100g.	>60 ΅g/100g or average of last three blood samples or all blood samples over previous 6 months (whichever is over a longer time period) is 50 ΅g/100g. or greater unless last sample is 40 ΅g/100g or less.
B.	Frequency which employees exposed is action level of lead (30 ΅g/m8 TWA) must have blood lead level checked. (ZPP is also required in each occasion that a blood test is obtained):
	1.	Last blood lead level less than 40 ΅g/100g . . . . . . . . . . . .	Every 6 months.	Every 6 months.	Every 6 months.	Every 6 months.	Every 6 months.
	2.	Last blood lead level between 40 ΅g/100g and level requiring medical removal (see A above)     . . . . . . . . . . . .	Every 2 months.	Every 2 months.	Every 2 months.	Every 2 months.	Every 2 months.
	3.	Employees removed from exposure to lead because of an elevated blood lead level     . . . . . . . . . . . .	Every 1 month.	Every 1 month.	Every 1 month.	Every 1 month.	Every 1 month.
C.	Permissible airborne exposure limit for workers removed from work due to an elevated blood lead level (without regard to respirator protection).		100 ΅g/m3 8 hr TWA	50 ΅g/m3 8 hr TWA	30 ΅g/m3 8 hr TWA	30 ΅g/m3 8 hr TWA	30 ΅g/m3 8 hr TWA
D.	Blood lead level confirmed with a second blood analysis, at which employee may return to work. Permissible exposure without regard to respirator protection is listed by industry in Table 1.		60 ΅g/100g	50 ΅g/100g	40 ΅g/100g	40 ΅g/100g	40 ΅g/100g

Note:

Where medical opinion indicates that an employee is at risk of material impairment from exposure to lead, the physician can remove an employee from exposure exceeding the action level (or less) or recommend special protective measures as deemed appropriate and necessary. Medical monitoring during the medical removal period can be more stringent than noted in the table above if the physician so specifies. Return to work or removal of limitations and special protections is permitted when the physician indicates that the worker is no longer at risk of material impairment.

     (E) Under the standard's ultimate worker removal criteria, a worker is to be removed from any work having any eight-hour TWA exposure to lead of 30 ΅g/m³ or more whenever either of the following circumstances apply. (I) a blood lead level of 60 ΅g/100g or greater is obtained and confirmed by a second follow-up blood lead level performed within two weeks after the employer receives the results of the first blood sample test, or (II) the average of the previous three blood lead determinations or the average of all blood lead determinations conducted during the previous six months, whichever encompasses the longest time period, equals or exceeds 50 ΅g/100g, unless the last blood sample indicates a blood lead level at or below 40 ΅g/100g, in which case the employee need not be removed. Medical removal is to continue until two consecutive blood lead levels are 40 ΅g/100g or less.

     (F) During the first two years that the ultimate removal criteria are being phased in, the return criteria have been set to assure that a worker's blood lead level has substantially declined during the period of removal. From March 1, 1979, to March 1, 1980, the blood lead level requiring employee medical removal is 80 ΅g/100g. Workers found to have a confirmed blood lead at this level or greater need only be removed from work having a daily eight hour TWA exposure to lead at or above 100 ΅g/m³. Workers so removed are to be returned to work when their blood lead levels are at or below 60 ΅g/100g of whole blood. From March 1, 1980, to March 1, 1981, the blood lead level requiring medical removal is 70 ΅g/100g. During this period workers need only be removed from jobs having a daily eight hour TWA exposure to lead at or above 50 ΅g/m³ and are to be returned to work when a level of 50 ΅g/100g is achieved. Beginning March 1, 1981, return depends on the worker's blood lead level declining to 40 ΅g/100g of whole blood.

     (G) As part of the standard, the employer is required to notify in writing each employee whose whole blood lead level exceeds 40 ΅g/100g. In addition, each such employee is to be informed that the standard requires medical removal with MRP benefits, discussed below, when an employee's blood lead level exceeds the above defined limits.

     (H) In addition to the above blood lead level criteria, temporary worker removal may also take place as a result of medical determinations and recommendations. Written medical opinions must be prepared after each examination pursuant to the standard. If the examining physician includes medical finding, determination or opinion that the employee has a medical condition which places the employee at increased risk of material health impairment from exposure to lead, then the employee must be removed from exposure to lead at or above the action level. Alternatively, if the examining physician recommends special protective measures for an employee (e.g., use of a powered air purifying respirator) or recommends limitations on an employee's exposure to lead, then the employer must implement these recommendations. Recommendations may be more stringent than the specific provisions of the standard. The examining physician, therefore, is given broad flexibility to tailor special protective procedures to the needs of individual employees. This flexibility extends to the evaluation and management of pregnant workers and male and female workers who are planning to conceive children. Based on the history, physical examination, and laboratory studies, the physician might recommend special protective measures or medical removal for an employee who is pregnant or who is planning to conceive a child when, in the physician's judgment, continued exposure to lead at the current job would pose a significant risk. The return of the employee to his or her former job status, or the removal of special protections or limitations, depends upon the examining physician determining that the employee is no longer at increased risk of material impairment or that the special measures are no longer needed.

     (I) During the period of any form of special protection or removal, the employer must maintain the worker's earnings, seniority, and other employment rights and benefits (as though the worker has not been removed) for a period of up to eighteen months. This economic protection will maximize meaningful worker participation in the medical surveillance program, and is appropriate as part of the employer's overall obligation to provide a safe and healthful work place. The provisions of MRP benefits during the employee's removal period may, however, be conditioned upon participation in medical surveillance.

     (J) On rare occasions, an employee's blood lead level may not acceptably decline within eighteen months of removal. This situation will arise only in unusual circumstances, thus the standard relies on an individual medical examination to determine how to protect such an employee. This medical determination is to be based on both laboratory values, including lead levels, zinc protoporphyrin levels, blood counts, and other tests felt to be warranted, as well as the physician's judgment that any symptoms or findings on physical examination are a result of lead toxicity. The medical determination may be that the employee is incapable of ever safely returning to his or her former job status. The medical determination may provide additional removal time past eighteen months for some employees or specify special protective measures to be implemented.

     (K) The lead standard provides for a multiple physician review in cases where the employee wishes a second opinion concerning potential lead poisoning or toxicity. If an employee wishes a second opinion, he or she can make an appointment with a physician of his or her choice. This second physician will review the findings, recommendations or determinations of the first physician and conduct any examinations, consultations or tests deemed necessary in an attempt to make a final medical determination. If the first and second physicians do not agree in their assessment they must try to resolve their differences. If they cannot reach an agreement then they must designate a third physician to resolve the dispute.

     (L) The employer must provide examining and consulting physicians with the following specific information: A copy of the lead regulations and all appendices, a description of the employee's duties as related to exposure, the exposure level to lead and any other toxic substances (if applicable), a description of personal protective equipment used, blood lead levels, and all prior written medical opinions regarding the employee in the employer's possession or control. The employer must also obtain from the physician and provide the employee with a written medical opinion containing blood lead levels, the physician's opinion as to whether the employee is at risk of material impairment to health, any recommended protective measures for the employee if further exposure is permitted, as well as any recommended limitations upon an employee's use of respirators.

     (M) Employers must instruct each physician not to reveal to the employer in writing or in any other way his or her findings, laboratory results, or diagnoses which are felt to be unrelated to occupational lead exposure. They must also instruct each physician to advise the employee of any occupationally or nonoccupationally related medical condition requiring further treatment or evaluation.

     (N) The standard provides for the use of respirators when engineering and other primary controls have not been fully implemented. However, the use of respirator protection shall not be used in lieu of temporary medical removal due to elevated blood lead levels or findings that an employee is at risk of material health impairment. This is based on the numerous inadequacies of respirators including skin rash where the facepiece makes contact with the skin, unacceptable stress to breathing in some workers with underlying cardiopulmonary impairment, difficulty in providing adequate fit, the tendency for respirators to create additional hazards by interfering with vision, hearing, and mobility, and the difficulties of assuring the maximum effectiveness of a complicated work practice program involving respirators. Respirators do, however, serve a useful function where engineering and work practice are inadequate by providing interim or short-term protection, provided they are properly selected for the environment in which the employee will be working, properly fitted to the employee, maintained and cleaned periodically, and worn by the employee when required.

     (O) In its final standard on occupational exposure to inorganic lead, WISHA has prohibited prophylactic chelation. Diagnostic and therapeutic chelation are permitted only under the supervision of a licensed physician with appropriate medical monitoring in an acceptable clinical setting. The decision to initiate chelation therapy must be made on an individual basis and take into account the severity of symptoms felt to be a result of lead toxicity along with blood lead levels, ZPP levels and other laboratory tests as appropriate. EDTA and penicillamine, which are the primary chelating agents used in the therapy of occupational lead poisoning, have significant potential side effects and their use must be justified on the basis of expected benefits to the worker.

     (P) Unless frank and severe symptoms are present, therapeutic chelation is not recommended given the opportunity to remove a worker from exposure and allow the body to naturally excrete accumulated lead. As a diagnostic aid, the chelation mobilization test using CA-EDTA has limited applicability. According to some investigators, the tests can differentiate between lead-induced and other nephropathies. The test may also provide an estimation of the mobile fraction of the total body lead burden.

     (Q) Employers are required to assure that accurate records are maintained on exposure monitoring, medical surveillance, and medical removal for each employee. Exposure monitoring and medical surveillance records must be kept for forty years or the duration of employment plus twenty years, whichever is longer, while medical removal records must be maintained for the duration of employment. All records required under the standard must be made available upon request to representatives of the director of the department of labor and industries. Employers must also make environmental and biological monitoring and medical removal records available to affected employees and to former employees or their authorized employee representatives. Employees or their specifically designated representatives have access to their entire medical surveillance records.

     (R) In addition, the standard requires that the employer inform all workers exposed to lead at or above the action level of the provisions of the standard and all its appendices, the purpose and description of medical surveillance and provisions for medical removal protection if temporary removal is required. An understanding of the potential health effects of lead exposure by all exposed employees along with full understanding of their rights under the lead standard is essential for an effective monitoring program.

     (iii) Adverse health effects of inorganic lead.

     (A) Although the toxicity of lead has been known for 2,000 years, the knowledge of the complex relationship between lead exposure and human response is still being refined. Significant research into the toxic properties of lead continues throughout the world, and it should be anticipated that our understanding of thresholds of effects and margins of safety will be improved in future years. The provisions of the lead standard are founded on two prime medical judgments; first, the prevention of adverse health effects from exposure to lead throughout a working lifetime requires that worker blood lead levels be maintained at or below 40 ΅g/100g, and second, the blood lead levels of workers, male or female, who intend to parent in the near future should be maintained below 30 ΅g/100g to minimize adverse reproduction health effects to the parent and developing fetus. The adverse effects of lead on reproduction are being actively researched and WISHA encourages the physician to remain abreast of recent developments in the area to best advise pregnant workers or workers planning to conceive children.

     (B) The spectrum of health effects caused by lead exposure can be subdivided into five developmental states; normal, physiological changes of uncertain significance, pathophysiological changes, overt symptoms (morbidity), and mortality. Within this process there are no sharp distinctions, but rather a continuum of effects. Boundaries between categories overlap due to the wide variation of individual responses and exposures in the working population. WISHA's development of the lead standard focused on pathophysiological changes as well as later stages of disease.

     (I) Heme synthesis inhibition.

     a) The earliest demonstrated effect of lead involves its ability to inhibit at least two enzymes of the heme synthesis pathway at very low blood levels. Inhibition of delta aminolevulinic acid dehydrase (ALA-D) which catalyzes the conversion of delta-aminolevulinic acid (ALA) to protoporphyrin is observed at a blood lead level below 20΅g/100g whole blood. At a blood lead level of 40 ΅g/100g, more than twenty percent of the population would have seventy percent inhibition of ALA-D. There is an exponential increase in ALA excretion at blood lead levels greater than 40 ΅g/100g.

     b) Another enzyme, ferrochelatase, is also inhibited at low blood lead levels. Inhibition of ferrochelatase leads to increased free erythrocyte protoporphyrin (FEP) in the blood which can then bind to zinc to yield zinc protoporphyrin. At a blood lead level of 50΅g/100g or greater, nearly 100 percent of the population will have an increase FEP. There is also an exponential relationship between blood lead levels greater than 40 ΅g/100g and the associated ZPP level, which has led to the development of the ZPP screening test for lead exposure.

     c) While the significance of these effects is subject to debate, it is WISHA's position that these enzyme disturbances are early stages of a disease process which may eventually result in the clinical symptoms of lead poisoning. Whether or not the effects do progress to the later stages of clinical disease, disruption of these enzyme processes over a working lifetime is considered to be a material impairment of health.

     d) One of the eventual results of lead-induced inhibition of enzymes in the heme synthesis pathway is anemia which can be asymptomatic if mild but associated with a wide array of symptoms including dizziness, fatigue, and tachycardia when more severe. Studies have indicated that lead levels as low as 50 ΅g/100g can be associated with a definite decreased hemoglobin, although most cases of lead-induced anemia, as well as shortened red-cell survival times, occur at lead levels exceeding 80 ΅g/100g. Inhibited hemoglobin synthesis is more common in chronic cases whereas shortened erythrocyte life span is more common in acute cases.

     e) In lead-induced anemias, there is usually a reticulocytosis along with the presence of basophilic stippling, and ringed sideroblasts, although none of the above are pathognomonic for lead-induced anemia.

     (II) Neurological effects.

     a) Inorganic lead had been found to have toxic effects on both the central and peripheral nervous systems. The earliest stage of lead-induced central nervous system effects first manifest themselves in the form of behavioral disturbances and central nervous system symptoms including irritability, restlessness, insomnia and other sleep disturbances, fatigue, vertigo, headache, poor memory, tremor, depression, and apathy. With more severe exposure, symptoms can progress to drowsiness, stupor, hallucinations, delirium, convulsions and coma.

     b) The most severe and acute form of lead poisoning which usually follows ingestion or inhalation of large amounts of lead is acute encephalopathy which may arise precipitously with the onset of intractable seizures, coma, cardiorespiratory arrest, and death within 48 hours.

     c) While there is disagreement about what exposure levels are needed to produce the earliest symptoms, most experts agree that symptoms definitely can occur at blood lead levels of 60 ΅g/100g whole blood and therefore recommend a 40 ΅g/100g maximum. The central nervous system effects frequently are not reversible following discontinued exposure or chelation therapy and when improvement does occur, it is almost always only partial.

     d) The peripheral neuropathy resulting from lead exposure characteristically involves only motor function with minimal sensory damage and has a marked predilection for the extensor muscles of the most active extremity. The peripheral neuropathy can occur with varying degrees of severity. The earliest and mildest form which can be detected in workers with blood lead levels as low as 50 ΅g/100g is manifested by slowing or motor nerve conduction velocity often without clinical symptoms. With progression of the neuropathy there is development of painless extensor muscle weakness usually involving the extensor muscles of the fingers and hand in the most active upper extremity, followed in severe cases by wrist drop, much less commonly, foot drop.

     e) In addition to slowing of nerve conduction, electromyographical studies in patients with blood lead levels greater than 50 ΅g/100g have demonstrated a decrease in the number of acting motor unit potentials, an increase in the duration of motor unit potentials, and spontaneous pathological activity including fibrillations and fasciculation. Whether these effects occur at levels of 40 ΅g/100g is undetermined.

     f) While the peripheral neuropathies can occasionally be reversed with therapy, again such recovery is not assured particularly in the more severe neuropathies and often improvement is only partial. The lack of reversibility is felt to be due in part to segmental demyelination.

     (III) Gastrointestinal. Lead may also effect the gastrointestinal system producing abdominal colic or diffuse abdominal pain, constipation, obstipation, diarrhea, anorexia, nausea and vomiting. Lead colic rarely develops at blood lead levels below 80 ΅g/100g.

     (IV) Renal.

     a) Renal toxicity represents one of the most serious health effects of lead poisoning. In the early stages of disease nuclear inclusion bodies can frequently be identified in proximal renal tubular cells. Renal functions remain normal and the changes in this stage are probably reversible. With more advanced disease there is progressive interstitial fibrosis and impaired renal function. Eventually extensive interstitial fibrosis ensues with sclerotic glomeruli and dilated and atrophied proximal tubules; all represent end stage kidney disease. Azotemia can be progressive, eventually resulting in frank uremia necessitating dialysis. There is occasionally associated hypertension and hyperuricemia with or without gout.

     b) Early kidney disease is difficult to detect. The urinalysis is normal in early lead nephropathy and the blood urea nitrogen and serum creatinine increase only when two-thirds of kidney function is lost. Measurement of creatinine clearance can often detect earlier disease as can other methods of measurement of glomerular filtration rate. An abnormal Ca-EDTA mobilization test has been used to differentiate between lead-induced and other nephropathies, but this procedure is not widely accepted. A form of Fanconi syndrome with aminoaciduria, glycosuria, and hyperphosphaturia indicating severe injury to the proximal renal tubules is occasionally seen in children.

     (V) Reproductive effects.

     a) Exposure to lead can have serious effects on reproductive function in both males and females. In male workers exposed to lead there can be a decrease in sexual drive, impotence, decreased ability to produce healthy sperm, and sterility. Malformed sperm (teratospermia), decreased number of sperm (hypospermia), and sperm with decreased motility (asthenospermia) can occur. Teratospermia has been noted at mean blood lead levels of 53 ΅g/100g and hypospermia and asthenospermia at 41 ΅g/100g. Furthermore, there appears to be a dose-response relationship for teratospermia in lead exposed workers.

     b) Women exposed to lead may experience menstrual disturbances including dysmenorrhea, menorrhagia and amenorrhea. Following exposure to lead, women have a higher frequency of sterility, premature births, spontaneous miscarriages, and stillbirths.

     c) Germ cells can be affected by lead and cause genetic damage in the egg or sperm cells before conception and result in failure to implant, miscarriage, stillbirth, or birth defects.

     d) Infants of mothers with lead poisoning have a higher mortality during the first year and suffer from lowered birth weights, slower growth, and nervous system disorders.

     e) Lead can pass through the placental barrier and lead levels in the mother's blood are comparable to concentrations of lead in the umbilical cord at birth. Transplacental passage becomes detectable at 12-14 weeks of gestation and increases until birth.

     f) There is little direct data on damage to the fetus from exposure to lead but it is generally assumed that the fetus and newborn would be at least as susceptible to neurological damage as young children. Blood lead levels of 50-60 ΅g/100g in children can cause significant neurobehavioral impairments, and there is evidence of hyperactivity at blood levels as low as 25 ΅g/100g. Given the overall body of literature concerning the adverse health effects of lead in children, WISHA feels that the blood lead level in children should be maintained below 30 ΅g/100g with a population mean of 15 ΅g/100g. Blood lead levels in the fetus and newborn likewise should not exceed 30 ΅g/100g.

     g) Because of lead's ability to pass through the placental barrier and also because of the demonstrated adverse effects of lead on reproductive function in both males and females as well as the risk of genetic damage of lead on both the ovum and sperm, WISHA recommends a 30 ΅g/100g maximum permissible blood lead level in both males and females who wish to bear children.

     (IV) Other toxic effects.

     a) Debate and research continue on the effects of lead on the human body. Hypertension has frequently been noted in occupationally exposed individuals although it is difficult to assess whether this is due to lead's adverse effects on the kidneys or if some other mechanism is involved.

     b) Vascular and electrocardiographic changes have been detected but have not been well characterized. Lead is thought to impair thyroid function and interfere with the pituitary-adrenal axis, but again these effects have not been well defined.

     (iv) Medical evaluation.

     (A) The most important principle in evaluating a worker for any occupational disease including lead poisoning is a high index of suspicion on the part of the examining physician. As discussed in Section (ii), lead can affect numerous organ systems and produce a wide array of signs and symptoms, most of which are nonspecific and subtle in nature at least in the early stages of disease. Unless serious concern for lead toxicity is present, many of the early clues to diagnosis may easily be overlooked.

     (B) The crucial initial step in the medical evaluation is recognizing that a worker's employment can result in exposure to lead. The worker will frequently be able to define exposures to lead and lead-containing materials but often will not volunteer this information unless specifically asked. In other situations the worker may not know of any exposures to lead but the suspicion might be raised on the part of the physician because of the industry or occupation of the worker. Potential occupational exposure to lead and its compounds occur in at least 120 occupations, including lead smelting, the manufacture of lead storage batteries, the manufacture of lead pigments and products containing pigments, solder manufacture, shipbuilding and ship repair, auto manufacturing, construction, and painting.

     (C) Once the possibility for lead exposure is raised, the focus can then be directed toward eliciting information from the medical history, physical exam, and finally from laboratory data to evaluate the worker for potential lead toxicity.

     (D) A complete and detailed work history is important in the initial evaluation. A listing of all previous employment with information on work processes, exposure to fumes or dust, known exposures to lead or other toxic substances, respiratory protection used, and previous medical surveillance should all be included in the worker's record. Where exposure to lead is suspected, information concerning on-the-job personal hygiene, smoking or eating habits in work areas, laundry procedures, and use of any protective clothing or respiratory protection equipment should be noted. A complete work history is essential in the medical evaluation of a worker with suspected lead toxicity, especially when long-term effects such as neurotoxicity and nephrotoxicity are considered.

     (E) The medical history is also of fundamental importance and should include a listing of all past and current medical conditions, current medications including proprietary drug intake, previous surgeries and hospitalizations, allergies, smoking history, alcohol consumption, and also nonoccupational lead exposures such as hobbies (hunting, riflery). Also known childhood exposures should be elicited. Any previous history of hematological, neurological, gastrointestinal, renal, psychological, gynecological, genetic, or reproductive problems should be specifically noted.

     (F) A careful and complete review of systems must be performed to assess both recognized complaints and subtle or slowly acquired symptoms which the worker might not appreciate as being significant. The review of symptoms should include the following:

General	-	weight loss, fatigue, decreased appetite.
Head, Eyes, Ears, Nose, Throat (HEENT)	-	headaches, visual disturbance or decreased visual acuity, hearing deficits or tinnitus, pigmentation of the oral mucosa, or metallic taste in mouth.
Cardiopulmonary	-	shortness of breath, cough, chest pains, palpitations, or orthopnea.
Gastrointestinal	-	nausea, vomiting, heartburn, abdominal pain, constipation or diarrhea.
Neurologic	-	irritability, insomnia, weakness (fatigue), dizziness, loss of memory, confusion, hallucinations, incoordination, ataxia, decreased strength in hands or feet, disturbance in gait, difficulty in climbing stairs, or seizures.
Hematologic	-	pallor, easy fatigability, abnormal blood loss, melena.
Reproductive (male or female and spouse where relevant)	-	history of infertility, impotence, loss of libido, abnormal menstrual periods, history of miscarriages, stillbirths, or children with birth defects.
Musculoskeletal	-	muscle and joint pains.

     (G) The physical examination should emphasize the neurological, gastrointestinal, and cardiovascular systems. The worker's weight and blood pressure should be recorded and the oral mucosa checked for pigmentation characteristic of a possible Burtonian or lead line on the gingiva. It should be noted, however, that the lead line may not be present even in severe lead poisoning if good oral hygiene is practiced.

     (H) The presence of pallor on skin examination may indicate an anemia, which if severe might also be associated with a tachycardia. If an anemia is suspected, an active search for blood loss should be undertaken including potential blood loss through the gastrointestinal tract.

     (I) A complete neurological examination should include an adequate mental status evaluation including a search for behavioral and psychological disturbances, memory testing, evaluation for irritability, insomnia, hallucinations, and mental clouding. Gait and coordination should be examined along with close observation for tremor. A detailed evaluation of peripheral nerve function including careful sensory and motor function testing is warranted. Strength testing particularly of extensor muscle groups of all extremities is of fundamental importance.

     (J) Cranial nerve evaluation should also be included in the routine examination.

     (K) The abdominal examination should include auscultation for bowel sounds and abnormal bruits and palpation for organomegaly, masses, and diffuse abdominal tenderness.

     (L) Cardiovascular examination should evaluate possible early signs of congestive heart failure. Pulmonary status should be addressed particularly if respirator protection is contemplated.

     (M) As part of the medical evaluation, the lead standard requires the following laboratory studies.

     (I) Blood lead level.

     (II) Hemoglobin and hematocrit determinations, red cell indices, and examination of the peripheral blood smear to evaluate red blood cell morphology.

     (III) Blood urea nitrogen.

     (IV) Serum creatinine.

     (V) Routine urinalysis with microscopic examination.

     (VI) A zinc protoporphyrin level.

     (N) In addition to the above, the physician is authorized to order any further laboratory or other tests which he or she deems necessary in accordance with sound medical practice. The evaluation must also include pregnancy testing or laboratory evaluation of male fertility if requested by the employee.

     (O) Additional tests which are probably not warranted on a routine basis but may be appropriate when blood lead and ZPP levels are equivocal include delta aminolevulinic acid and coproporphyrin concentrations in the urine, and dark-field illumination for detection of basophilic stippling in red blood cells.

     (P) If an anemia is detected further studies including a careful examination of the peripheral smear, reticulocyte count, stool for occult blood, serum iron, total iron binding capacity, bilirubin, and, if appropriate vitamin B12 and folate may be of value in attempting to identify the cause of the anemia.

     (Q) If a peripheral neuropathy is suspected, nerve conduction studies are warranted both for diagnosis and as a basis to monitor any therapy.

     (R) If renal disease is questioned, a 24-hour urine collection for creatinine clearance, protein, and electrolytes may be indicated. Elevated uric acid levels may result from lead-induced renal disease and a serum uric acid level might be performed.

     (S) An electrocardiogram and chest X ray may be obtained as deemed appropriate.

     (T) Sophisticated and highly specialized testing should not be done routinely and where indicated should be under the direction of a specialist.

     (v) Laboratory evaluation.

     (A) The blood level at present remains the single most important test to monitor lead exposure and is the test used in the medical surveillance program under the lead standard to guide employee medical removal. The ZPP has several advantages over the blood lead level. Because of its relatively recent development and the lack of extensive data concerning its interpretation, the ZPP currently remains an ancillary test.

     (B) This section will discuss the blood lead level and ZPP in detail and will outline their relative advantages and disadvantages. Other blood tests currently available to evaluate lead exposure will also be reviewed.

     (C) The blood lead level is a good index of current or recent lead absorption when there is no anemia present and when the worker has not taken any chelating agents. However, blood lead levels along with urinary lead levels do not necessarily indicate the total body burden of lead and are not adequate measures of past exposure. One reason for this is that lead has a high affinity for bone and up to 90 percent of the body's total lead is deposited there. A very important component of the total lead body burden is lead in soft tissue (liver, kidneys, and brain). This fraction of the lead body burden, the biologically active lead, is not entirely reflected by blood lead levels since it is a function of the dynamics of lead absorption, distribution, deposition in bone and excretion. Following discontinuation of exposure to lead, the excess body burden is only slowly mobilized from bone and other relatively stable stores and excreted. Consequently, a high blood lead level may only represent recent heavy exposure to lead without a significant total body excess and likewise a low blood lead level does not exclude an elevated total body burden of lead.

     (D) Also due to its correlation with recent exposures, the blood lead level may vary considerably over short time intervals.

     (E) To minimize laboratory error and erroneous results due to contamination, blood specimens must be carefully collected after thorough cleaning of the skin with appropriate methods using lead-free containers and analyzed by a reliable laboratory. Under the standard, samples must be analyzed in laboratories which are approved by the Center for Disease Control (CDC) or which have received satisfactory grades in proficiency testing by the CDC in the previous year. Analysis is to be made using atomic absorption spectrophotometry anodic stripping; voltammetry or any method which meets the accuracy requirements set forth by the standard.

     (F) The determination of lead in urine is generally considered a less reliable monitoring technique than analysis of whole blood primarily due to individual variability in urinary excretion capacity as well as the technical difficulty of obtaining accurate 24 hour urine collections. In addition, workers with renal insufficiency, whether due to lead or some other cause, may have decreased lead clearance and consequently urine lead levels may underestimate the true lead burden. Therefore, urine lead levels should not be used as a routine test.

     (G) The zinc protoporphyrin test, unlike the blood lead determination, measures an adverse metabolic effect of lead and as such is a better indicator of lead toxicity than the level of blood lead itself. The level of ZPP reflects lead absorption over the preceding three to four months, and therefore is a better indicator of lead body burden. The ZPP requires more time than the blood lead to read significantly elevated levels; the return to normal after discontinuing lead exposure is also slower. Furthermore, the ZPP test is simpler, faster, and less expensive to perform and no contamination is possible. Many investigators believe it is the most reliable means of monitoring chronic lead absorption.

     (H) Zinc protoporphyrin results from the inhibition of the enzyme ferrochelatase which catalyzes the insertion of an iron molecule into the protoporphyrin molecule, which then becomes heme. If iron is not inserted into the molecule then zinc, having a greater affinity for protoporphyrin, takes place in the iron, forming ZPP.

     (I) An elevation in the level of circulating ZPP may occur at blood lead levels as low as 20-30 ΅g/100g in some workers. Once the blood lead level has reached 40 ΅g/100g there is more marked rise in the ZPP value from its normal range of less than 100 ΅g/100ml. Increases in blood lead levels beyond 40 ΅g/100g are associated with exponential increases in ZPP.

     (J) Whereas blood lead levels fluctuate over short time spans, ZPP levels remain relatively stable. ZPP is measured directly in red blood cells and is present for the cell's entire 120 day lifespan. Therefore, the ZPP level in blood reflects the average ZPP production over the previous three to four months and consequently the average lead exposure during that time interval.

     (K) It is recommended that a hematocrit be determined whenever a confirmed ZPP of 50 ΅g/100ml whole blood is obtained to rule out a significant underlying anemia. If the ZPP is in excess of 100΅g/100ml and not associated with abnormal elevations in blood lead levels, the laboratory should be checked to be sure the blood leads were determined using atomic absorption spectrophotometry, anodic stripping voltammetry or any method which meets the accuracy requirements set forth by the standard, by a CDC approved laboratory which is experienced in lead level determinations. Repeat periodic blood lead studies should be obtained in all individuals with elevated ZPP levels to be certain that an associated elevated blood lead level has not been missed due to transient fluctuations in blood leads.

     (L) ZPP has characteristic fluorescence spectrum with a peak at 594nm which is detectable with a hematofluorimeter. The hematofluorimeter is accurate and portable and can provide on-site, instantaneous results for workers who can be frequently tested via a finger prick.

     (M) However, careful attention must be given to calibration and quality control procedures. Limited data on blood lead -ZPP correlations and the ZPP levels which are associated with the adverse health effects discussed in item (ii) are the major limitations of the test. Also it is difficult to correlate ZPP levels with environmental exposure and there is some variation of response with age and sex. Nevertheless, the ZPP promises to be an important diagnostic test for the early detection of lead toxicity and its value will increase as more data is collected regarding its relationship to other manifestations of lead poisoning.

     (N) Levels of delta-aminolevulinic acid (ALA) in the urine are also used as a measure of lead exposure. Increasing concentrations of ALA are believed to result from the inhibition of the enzyme delta-aminolevulinic acid dehydrase (ALA-D). Although the test is relatively easy to perform, inexpensive, and rapid, the disadvantages include variability in results, the necessity to collect a complete 24 hour urine sample which has a specific gravity greater than 1.010, and also the fact that ALA decomposes in the presence of light.

     (O) The pattern of porphyrin excretion in the urine can also be helpful in identifying lead intoxication. With lead poisoning, the urine concentrations of coproporphyrins I and II, porphobilinogen and uroporphyrin I rise. The most important increase, however, is that of coproporphyrin III; levels may exceed 5,000 ΅g/1 in the urine in lead poisoned individuals, but its correlation with blood lead levels and ZPP are not as good as those of ALA. Increases in urinary porphyrins are not diagnostic of lead toxicity and may be seen in porphyria, some liver diseases, and in patients with high reticulocyte counts.

     (vi) Summary.

     (A) The WISHA standard for inorganic lead places significant emphasis on the medical surveillance of all workers exposed to levels of inorganic lead above the action level of 30 ΅g/m³ TWA. The physician has a fundamental role in this surveillance program, and in the operation of the medical removal protection program.

     (B) Even with adequate worker education on the adverse health effects of lead and appropriate training in work practices, personal hygiene and other control measures, the physician has a primary responsibility for evaluating potential lead toxicity in the worker. It is only through a careful and detailed medical and work history, a complete physical examination and appropriate laboratory testing that an accurate assessment can be made. Many of the adverse health effects of lead toxicity are either irreversible or only partially reversible and therefore early detection of disease is very important.

     (C) This document outlines the medical monitoring program as defined by the occupational safety and health standard for inorganic lead. It reviews the adverse health effects of lead poisoning and describes the important elements of the history and physical examinations as they relate to these adverse effects.

     (D) It is hoped that this review and discussion will give the physician a better understanding of the WISHA standard with the ultimate goal of protecting the health and well-being of the worker exposed to lead under his or her care.

     (d) Appendix D. Recommendations to employers concerning high-risk tasks (nonmandatory).

     The department advises employers that the following tasks have a high risk for lead overexposure (this list is not complete; other tasks also can result in lead over-exposure):

•	Any open flame operation involving lead-containing solder in a manner producing molten solder, including the manufacture or repair of motor vehicle radiators;
•	Sanding, cutting or grinding of lead-containing solder;
•	Breaking, recycling or manufacture of lead-containing batteries;
•	Casting objects using lead, brass, or lead-containing alloys;
•	Where lead-containing coatings or paints are present:

•	abrasive blasting
•	welding
•	cutting
•	torch burning
•	manual demolition of structures
•	manual scraping
•	manual sanding
•	heat gun applications
•	power tool cleaning
•	rivet busting
•	clean-up activities where dry expendable abrasives are used
•	abrasive blasting enclosure movement and removal;

•	Spray-painting with lead-containing paint;
•	Using lead-containing mortar;
•	Lead burning;
•	Operation or cleaning of shooting facilities where lead bullets are used;
•	Formulation or processing of lead-containing pigments or paints;
•	Cutting, burning, or melting of lead-containing materials.

     The department recommends that annual blood lead testing be offered to all employees potentially overexposed to lead, including those performing the tasks listed above, regardless of air lead levels. Research has shown that air lead levels often do not accurately predict workers' lead overexposure. The blood lead testing will provide the most information if performed during a period of peak lead exposure.

     Employers should be aware that the United States Public Health Service has set a goal of eliminating occupational exposures which result in whole blood lead levels of 25 ΅g/dl or greater. This goal should guide whether employees' blood lead levels indicate lead overexposure.

     If blood lead levels are elevated in an employee performing a task associated with lead overexposure, employers should assess the maintenance and effectiveness of exposure controls, hygiene facilities, respiratory protection program, the employee's work practices and personal hygiene, and the employee's respirator use, if any. If a deficiency exists in any of these areas, the employer should correct the problem.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-62-07521, filed 5/9/01, effective 9/1/01; 99-10-071, § 296-62-07521, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 96-09-030, § 296-62-07521, filed 4/10/96, effective 6/1/96; 95-04-078, § 296-62-07521, filed 1/30/95, effective 3/2/95; 91-24-017 (Order 91-07), § 296-62-07521, filed 11/22/91, effective 12/24/91; 90-17-051 (Order 90-10), § 296-62-07521, filed 8/13/90, effective 9/24/90; 90-03-029 (Order 89-20), § 296-62-07521, filed 1/11/90, effective 2/26/90; 88-14-108 (Order 88-11), § 296-62-07521, filed 7/6/88. Statutory Authority: RCW 49.17.040 and 49.17.050. 83-24-013 (Order 83-34), § 296-62-07521, filed 11/30/83; 82-13-045 (Order 82-22), § 296-62-07521, filed 6/11/82. Formerly WAC 296-62-07349.]

     (a) The employer shall provide clean change rooms for employees required to work in regulated areas or required by WAC 296-62-07717(1) to wear protective clothing.

Exception:

In lieu of the change area requirement specified in this subsection, the employer may permit employees in Class III and Class IV asbestos work, to clean their protective clothing with a portable HEPA-equipped vacuum before such employees leave the area where maintenance was performed.

     (b) The employer shall ensure that change rooms are in accordance with WAC ((296-24-120)) 296-800-230, and are equipped with two separate lockers or storage facilities, so separated as to prevent contamination of the employee's street clothes from his/her protective work clothing and equipment.

     (2) Showers.

     (a) The employer shall ensure that employees who work in negative pressure enclosures required by WAC 296-62-07712, or who work in areas where their airborne exposure is above the permissible exposure limits prescribed in WAC 296-62-07705, shower at the end of the work shift.

     (b) The employer shall provide shower facilities which comply with WAC ((296-24-12010)) 296-800-230.

     (c) The employer shall ensure that employees who are required to shower pursuant to (a) of this subsection do not leave the workplace wearing any clothing or equipment worn during the work shift.

     (3) Special requirements in addition to the other provisions of WAC 296-62-07719 for construction work defined in WAC 296-155-012 and for all shipyard work defined in WAC 296-304-010.

     (a) Requirements for employees performing Class I asbestos jobs involving over 25 linear or 10 square feet of TSI or surfacing ACM and PACM.

     (i) Decontamination areas: The employer shall establish a decontamination area that is adjacent and connected to the regulated area for the decontamination of such employees. The decontamination area shall consist of an equipment room, shower area, and clean room in series. The employer shall ensure that employees enter and exit the regulated area through the decontamination area.

     (A) Equipment room. The equipment room shall be supplied with impermeable, labeled bags and containers for the containment and disposal of contaminated protective equipment.

     (B) Shower area. Shower facilities shall be provided which comply with WAC ((296-24-12010)) 296-800-230, unless the employer can demonstrate that they are not feasible. The showers shall be adjacent both to the equipment room and the clean room, unless the employer can demonstrate that this location is not feasible. Where the employer can demonstrate that it is not feasible to locate the shower between the equipment room and the clean room, or where the work is performed outdoors, the employers shall ensure that employees:

     (I) Remove asbestos contamination from their worksuits in the equipment room using a HEPA vacuum before proceeding to a shower that is not adjacent to the work area; or

     (II) Remove their contaminated worksuits in the equipment room, then don clean worksuits, and proceed to a shower that is not adjacent to the work area.

     (C) Clean change room. The clean room shall be equipped with a locker or appropriate storage container for each employee's use.

     (ii) Decontamination area entry procedures. The employer shall ensure that employees:

     (A) Enter the decontamination area through the clean room;

     (B) Remove and deposit street clothing within a locker provided for their use; and

     (C) Put on protective clothing and respiratory protection before leaving the clean room.

     (D) Before entering the regulated area, the employer shall ensure that employees pass through the equipment room.

     (iii) Decontamination area exit procedures. The employer shall ensure that:

     (A) Before leaving the regulated area, employees shall remove all gross contamination and debris from their protective clothing;

     (B) Employees shall remove their protective clothing in the equipment room and deposit the clothing in labeled impermeable bags or containers;

     (C) Employees shall not remove their respirators in the equipment room;

     (D) Employees shall shower prior to entering the clean room. When taking a shower, employees shall be fully wetted, including the face and hair, prior to removing the respirators;

     (E) After showering, employees shall enter the clean room before changing into street clothes.

     (b) Requirements for Class I work involving less than 25 linear or 10 square feet of TSI or surfacing ACM and PACM, and for Class II and Class III asbestos work operations where exposures exceed a PEL or where there is no negative exposure assessment produced before the operation.

     (i) The employer shall establish an equipment room or area that is adjacent to the regulated area for the decontamination of employees and their equipment which is contaminated with asbestos which shall consist of an area covered by a impermeable drop cloth on the floor or horizontal working surface.

     (ii) The area must be of sufficient size as to accommodate cleaning of equipment and removing personal protective equipment without spreading contamination beyond the area (as determined by visible accumulations).

     (iii) Work clothing must be cleaned with a HEPA vacuum before it is removed.

     (iv) All equipment and surfaces of containers filled with ACM must be cleaned prior to removing them from the equipment room or area.

     (v) The employer shall ensure that employees enter and exit the regulated area through the equipment room or area.

     (c) Requirements for Class IV work. Employers shall ensure that employees performing Class IV work within a regulated area comply with hygiene practice required of employees performing work which has a higher classification within that regulated area. Otherwise employers of employees cleaning up debris and material which is TSI or surfacing ACM or identified as PACM shall provide decontamination facilities for such employees which are required by WAC 296-62-07719 (3)(b).

     (d) Decontamination area for personnel shall not be used for the transportation of asbestos debris.

     (e) Waste load-out procedure. The waste load-out area as required by WAC 296-62-07723 shall be used as an area for final preparation and external decontamination of waste containers, as a short term storage area for bagged waste, and as a port for transporting waste. The employer shall ensure waste containers be free of all gross contaminated material before removal from the negative-pressure enclosure. Gross contamination shall be wiped, scraped off, or washed off containers before they are placed into a two chamber air lock which is adjacent to the negative-pressure enclosure. In the first chamber, the exterior of the waste container shall be decontaminated or placed within a second waste container, and then it shall be moved into the second chamber of the air lock for temporary storage or transferred outside of the regulated area. The second waste container shall not be reused unless thoroughly decontaminated.

     (4) Lunchrooms.

     (a) The employer shall provide lunchroom facilities for employees who work in areas where their airborne exposure is above the time weighted average and/or excursion limit.

     (b) The employer shall ensure that lunchroom facilities have a positive pressure, filtered air supply, and are readily accessible to employees.

     (c) The employer shall ensure that employees who work in areas where their airborne exposure is above the time weighted average and/or excursion limit, wash their hands and faces prior to eating, drinking, or smoking.

     (d) The employer shall ensure that employees do not enter lunchroom facilities with protective work clothing or equipment unless surface asbestos fibers have been removed from the clothing or equipment by vacuuming or other method that removes dust without causing the asbestos to become airborne.

     (5) Smoking in work areas. The employer shall ensure that employees do not smoke in work areas where they are occupationally exposed to asbestos because of activities in that work area.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-17-033, § 296-62-07719, filed 8/8/01, effective 9/1/01. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 97-01-079, § 296-62-07719, filed 12/17/96, effective 3/1/97. Statutory Authority: Chapter 49.17 RCW. 91-03-044 (Order 90-18), § 296-62-07719, filed 1/10/91, effective 2/12/91; 89-11-035 (Order 89-03), § 296-62-07719, filed 5/15/89, effective 6/30/89; 87-24-051 (Order 87-24), § 296-62-07719, filed 11/30/87. Statutory Authority: RCW 49.17.050(2) and 49.17.040. 87-10-008 (Order 87-06), § 296-62-07719, filed 4/27/87.]

     (2) Showers.

     (a) The employer shall assure that employees working in the regulated area shower at the end of the work shift.

     (b) The employer shall provide shower facilities in accordance with WAC ((296-24-12009)) 296-800-230.

     (3) Lunchrooms. The employer shall provide lunchroom facilities which have a temperature controlled, positive pressure, filtered air supply, and which are readily accessible to employees working in the regulated area.

     (4) Lavatories.

     (a) The employer shall assure that employees working in the regulated area wash their hands and face prior to eating.

     (b) The employer shall provide lavatory facilities in accordance with WAC 296-800-230.

     (5) Prohibition of activities in the regulated area.

     (a) The employer shall assure 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 (1)-(3) of this section.

     (b) Drinking water may be consumed in the regulated area.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-62-20015, filed 5/9/01, effective 9/1/01; Order 77-14, § 296-62-20015, filed 7/25/77.]

[Statutory Authority: RCW 49.17.040. 99-07-097, § 296-62-31020, filed 3/23/99, effective 6/23/99.]

     (1) Showers must be provided and must meet the requirements of WAC 296-24-12010.

     (2) Change rooms must be provided and must meet the requirements of WAC ((296-24-12011)) 296-800-230. Change rooms must consist of two separate change areas separated by the shower area required in (1) of this subsection. One change area, with an exit leading off the worksite, must provide employees with a clean area where they can remove, store, and put on street clothing. The second area, with an exit to the worksite, must provide employees with an area where they can put on, remove and store work clothing and personal protective equipment.

     (3) Showers and change rooms must be located in areas where exposures are below the permissible exposure limits and published exposure levels. If this cannot be accomplished, then a ventilation system must be provided that will supply air that is below the permissible exposure limits and published exposure levels.

     (4) Employers must assure that employees shower at the end of their work shift and when leaving the hazardous waste site.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-17-033, § 296-62-31335, filed 8/8/01, effective 9/1/01. Statutory Authority: RCW 49.17.040. 99-07-097, § 296-62-31335, filed 3/23/99, effective 6/23/99.]

OTS-6387.1

AMENDATORY SECTION(Amending WSR 00-23-100, filed 11/21/00, effective 1/1/01)

WAC 296-115-050   General requirements.   (1) Application.

     (a) The following rules are applicable to all vessels operated within the scope of this chapter.

     (b) Where an existing vessel does not comply with a particular requirement of this section, the director may grant a temporary variance to allow time for modifications to be made.

     (c) Where an existing vessel does not comply with a specific requirement contained herein but the degree of protection afforded is judged to be adequate for the service in which the vessel is used, the director may grant a permanent variance.

     (2) Lifesaving equipment. Where equipment required by this section is required to be of an approved type, the equipment is required to be approved by the USCG.

     (3) Lifesaving equipment required.

     (a) All vessels carrying passengers must carry life floats or buoyant apparatus for all persons on board.

     (b) All life floats or buoyant apparatus must be international orange in color.

     (c) In the case of vessels operating not more than one mile from land, the director may permit operation with reduced amounts of life floats or buoyant apparatus, when, in his opinion, it is safe to do so.

     (d) Lifeboats, life rafts, dinghies, dories, skiffs, or similar type craft may be substituted for the required life floats or buoyant apparatus if the substitution is approved by the director.

     (e) Life floats, buoyant apparatus, or any authorized substitute must have the following equipment:

     (i) A life line around the sides at least equivalent to 3/8-inch manila, festooned in bights of at least three feet, with a seine float in the center of each bight.

     (ii) Two paddles or oars not less than four feet in length.

     (iii) A painter of at least thirty feet in length and of at least two-inch manila or the equivalent.

     (f) All vessels must have an approved adult type life preserver for each person carried, with at least ten percent additional of a type suitable for children.

     (g) Life preservers must be stowed in readily accessible places in the upper part of the vessel, and each life preserver shall be marked with the vessel's name.

     (h) All vessels must carry at least one life ring buoy of an approved type with sixty feet of line attached.

     (i) The life ring buoy must be carried in a readily accessible location and must be capable of being cast loose at any time.

     (4) Fire protection.

     (a) The general construction of a vessel must minimize fire hazards.

     (b) Internal combustion engine exhausts, boiler and galley uptakes, and similar sources of ignition must be kept clear of and suitably insulated from woodwork or other combustible material.

     (c) Lamp, paint, and oil lockers and similar storage areas for flammable or combustible liquids must be constructed of metal or lined with metal.

     (5) Fire protection equipment. Equipment required by this section, when required to be of an approved type, must be of a type approved by the USCG or other agency acceptable to the director.

     (6) Fire pumps.

     (a) All vessels carrying more than forty-nine passengers must carry an approved power fire pump, and all other vessels must carry an approved hand fire pump. These pumps must be provided with a suitable suction and discharge hose. These pumps may also serve as bilge pumps.

     (b) Vessels required to have a power fire pump must also have a fire main system, including fire main, hydrants, hose, and nozzles. The fire hose may be a good commercial grade garden hose of not less than 5/8 inch size.

     (7) Fixed fire extinguishing system.

     (a) All vessels powered by internal combustion engines using gasoline or other fuel having a flashpoint of 110°F or lower, must have a fixed fire extinguishing system to protect the machinery and fuel tank spaces.

     (b) This system must be an approved type using carbon dioxide and have a capacity sufficient to protect the space.

     (c) Controls for the fixed system must be installed in an accessible location outside the space protected.

     (8) Fire axe. All vessels must have one fire axe located in or near the pilothouse.

     (9) Portable fire extinguishers.

     (a) All vessels must have a minimum number of portable fire extinguishers of an approved type. The number required will be determined by the director.

     (b) Portable fire extinguishers must be inspected at least once a month. Extinguishers found defective must be serviced or replaced.

     (c) Portable fire extinguishers must be serviced at least once a year. The required service must consist of discharging and recharging foam and dry chemical extinguishers and weighing and inspecting carbon dioxide extinguishers.

     (d) Portable fire extinguishers must be hydrostatically tested at intervals not to exceed those specified in WAC 296-24-59211(2) and Table I (after August 31, 2001, see WAC 296-800-300).

     (e) Portable fire extinguishers of the vaporizing liquid type such as carbon tetrachloride and other toxic vaporizing liquids are prohibited and must not be carried on any vessel.

     (f) Portable fire extinguishers must be mounted in brackets or hangers near the space protected. The location must be marked in a manner satisfactory to the director.

     (10) Means of escape.

     (a) Except as otherwise provided in this section, all vessels must be provided with not less than two avenues of escape from all general areas accessible to the passengers or where the crew may be quartered or normally employed. The avenues must be located so that if one is not available the other may be. At least one of the avenues should be independent of watertight doors.

     (b) Where the length of the compartment is less than twelve feet, one vertical means of escape will be acceptable under the following conditions:

     (i) There is no source of fire in the space, such as a galley stove or heater and the vertical escape is remote from the engine and fuel tank space; or

     (ii) The arrangement is such that the installation of two means of escape does not materially improve the safety of the vessel or those aboard.

     (11) Ventilation.

     (a) All enclosed spaces within the vessel must be properly vented or ventilated. Where such openings would endanger the vessel under adverse weather conditions, means must be provided to close them.

     (b) All crew and passenger space must be adequately ventilated in a manner suitable to the purpose of the space.

     (12) Crew and passenger accommodations.

     (a) Vessels with crew members living aboard must have suitable accommodations.

     (b) Vessels carrying passengers must have fixed seating for the maximum number of passengers permitted to be carried.

     (c) Fixed seating must be installed with spacing to provide for ready escape in case of fire or other casualty.

     (d) Fixed seating must be installed as follows, except that special consideration may be given by the director if escape over the side can be readily accomplished through windows or other openings in the way of the seats:

     (i) Aisles not over fifteen feet long must be not less than twenty-four inches wide.

     (ii) Aisles over fifteen feet long must be not less than thirty inches wide.

     (iii) Where seats are in rows the distance from seat front to seat front must be not less than thirty inches.

     (e) Portable or temporary seating may be installed but must be arranged in general as provided for fixed seating.

     (13) Toilet facilities and drinking water.

     (a) Vessels must be provided with toilets and wash basins as specified in WAC ((296-24-12007 and 296-24-12009 (after August 31, 2001, see WAC 296-800-300))) 296-800-230, except that in the case of vessels used exclusively on short runs of approximately thirty minutes or less, the director may approve other arrangements.

     (b) All toilets and wash basins must be fitted with adequate plumbing. Facilities for men and women must be in separate compartments, except in the case of vessels carrying forty-nine passengers and less, the director may approve other arrangements.

     (c) Potable drinking water must be provided for all passengers and crew. The provisions of WAC ((296-24-12005 applies through August 31, 2001, after August 31, 2001, see WAC 296-800-300)) 296-800-230 apply.

     (d) Covered trash containers must be provided in passenger areas.

     (14) Rails and guards.

     (a) Except as otherwise provided in this section, rails or equivalent protection must be installed near the periphery of all weather decks accessible to passengers and crews. Where space limitations make deck rails impractical, such as at narrow catwalks in the way of deckhouse sides, hand grabs may be substituted.

     (b) Rails must consist of evenly spaced courses. The spacing must not be greater than twelve inches except as provided in WAC 296-115-050 (14)(f). The lower rail courses may not be required where all or part of the space below the upper rail course is fitted with a bulwark, chain link fencing, wire mesh or the equivalent.

     (c) On passenger decks of vessels engaged in ferry or excursion type operation, rails must be at least forty-two inches high. The top rail must be pipe, wire, chain, or wood and must withstand at least two hundred pounds of side loading. The space below the top rail must be fitted with bulwarks, chain link fencing, wire mesh, or the equivalent.

     (d) On vessels in other than passenger service, the rails must be not less than thirty-six inches high, except that where vessels are used in special service, the director may approve other arrangements, but in no case less than thirty inches.

     (e) Suitable storm rails or hand grabs must be installed where necessary in all passageways, at deckhouse sides, and at ladders and hatches where passengers or crew might have normal access.

     (f) Suitable covers, guards, or rails must be installed in the way of all exposed and hazardous places such as gears or machinery. (See WAC 296-24-150 for detailed requirements.)

     (15) Machinery installation.

     (a) Propulsion machinery.

     (i) Propulsion machinery must be suitable in type and design for the propulsion requirements of the hull in which it is installed. Installations meeting the requirements of the USCG or other classification society will be considered acceptable to the director.

     (ii) Installations using gasoline as a fuel must meet the requirements of applicable USCG standards.

     (iii) Installations using diesel fuel must meet the requirements of applicable USCG standards.

     (b) Auxiliary machinery and bilge systems.

     (i) All vessels must be provided with a suitable bilge pump, piping and valves for removing water from the vessel.

     (ii) Vessels carrying more that forty-nine passengers must have a power operated bilge pump. The source of power must be independent of the propulsion machinery. Other vessels must have a hand operated bilge pump, but may have a power operated pump if it is operated by an independent power source.

     (c) Steering apparatus and miscellaneous systems.

     (i) All vessels must be provided with a suitable steering apparatus.

     (ii) All vessels must be provided with navigation lights and shapes, whistles, fog horns, and fog bells as required by the USCG rules of navigation.

     (iii) All vessels must be equipped with a suitable number of portable battery lights for emergency purposes.

     (d) Electrical installations. The electrical installations of all vessels must be at least equal to applicable USCG standards, or as approved by the director.

[Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and 1999 c 111. 00-23-100, § 296-115-050, filed 11/21/00, effective 1/1/01. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, chapters 42.30 and 43.22 RCW. 80-17-014 (Order 80-20), § 296-115-050, filed 11/13/80.]

OTS-6388.1

AMENDATORY SECTION(Amending WSR 02-16-047, filed 8/1/02, effective 10/1/02)

WAC 296-800-110   Employer responsibilities: Safe workplace -- Summary.  

     Your responsibility:

     To provide a safe and healthy workplace free from recognized hazards.

     IMPORTANT:

     Use these rules where there are no specific rules applicable to the particular hazard.

     You must:

     Provide a workplace free from recognized hazards.

     WAC 296-800-11005.

     Provide and use means to make your workplace safe.

     WAC 296-800-11010.

     Prohibit employees from entering, or being in, any workplace that is not safe.

     WAC 296-800-11015.

     Construct your workplace so it is safe.

     WAC 296-800-11020.

     Prohibit alcohol and narcotics from your workplace.

     WAC 296-800-11025.

     Prohibit employees from using tools and equipment ((or materials)) that ((do not meet requirements)) are not safe.

     WAC 296-800-11030.

     Establish, supervise, and enforce rules that lead to a safe and healthy work environment that are effective in practice.

     WAC 296-800-11035.

     Control chemical agents.

     WAC 296-800-11040.

     Protect employees from biological agents.

     WAC 296-800-11045.

Note:

Employees may discuss and participate in any WISHA safety and health related practice and may refuse to perform dangerous tasks without fear of discrimination. Discrimination includes: Dismissal, demotion, loss of seniority, denial of a promotion, harassment, etc. See chapter 296-360 WAC, Discrimination pursuant to RCW 49.17.160, for a complete description of discrimination and the department's responsibility to protect employees.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-16-047, § 296-800-110, filed 8/1/02, effective 10/1/02; 01-23-060, § 296-800-110, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-110, filed 5/9/01, effective 9/1/01.]

     You must:

     ((• Prohibit employees from using equipment, materials, tools, or machinery that fails to meet the applicable WISHA requirements, including the rules for specific industries.))

     • ((Be responsible)) Take responsibility for the safe condition of tools and equipment used by employees.

Note:

This applies to all equipment, materials, tools, and machinery whether owned by the employer or ((under control of)) another firm or individual.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-800-11030, filed 5/9/01, effective 9/1/01.]

     IMPORTANT:

     Thousands of chemicals can be found in today's workplaces. These chemicals may have the capacity to cause health problems, from minor skin irritations to serious injuries or diseases like cancer. You should review the type of chemicals you use and consider using less hazardous chemicals (such as less toxic and nonflammable chemicals).

     The Employer Chemical Hazard Communication rule was developed to make sure employers and employees are informed about chemical hazards in the workplace.

     This rule applies to:

     • Employers engaged in businesses where chemicals are used, distributed, or produced for use or distribution.

     • Contractors or subcontractors that work for employers engaged in businesses where chemicals are used, distributed, or produced for use or distribution.

Exemptions:	• Certain products, chemicals, or items are exempt from this rule. Below is a summarized list of these exemptions. See WAC 296-800-17055 at the end of this rule to get complete information about these exemptions:
	– Any hazardous waste or substance
	– Tobacco or tobacco products
	– Wood or wood products that are not chemically treated and will not be processed, for example, by sawing and sanding
	– Food or alcoholic beverages
	– Some drugs, such as retail or prescription medications
	– Retail cosmetics
	– Ionizing and nonionizing radiation
	– Biological hazards
	– Any consumer product or hazardous substance when workplace exposure is the same as that of a consumer
	♦ Retail products used in offices in the same manner and frequency used by consumers can be termed "consumer products", and include things such as: Correction fluid, glass cleaner, and dishwashing liquid.
	Example: If you use a household cleaner in your workplace in the same manner and frequency that a consumer would use it when cleaning their house, your exposure should be the same as the consumer's, you are exempt. A janitor using a household cleaner, such as bleach, throughout the day, is not considered to be a consumer, and is not exempt.
	– Manufactured items that remain intact are exempt from this rule.
	– Manufactured items that are fluids or in the form of particles are not exempt from this rule.

The following are examples:

Item	Covered by this rule	Not covered by this rule
Brick	Sawed or cut in half	Used whole or intact
Pipe	Cut by a torch	Bent with a tube bender
Nylon Rope	Burning the ends	Tying a knot

Reference:	• If you produce, import, distribute and/or repackage chemicals, or choose not to rely on labels or material safety data sheets provided by the manufacturer or importer, you must comply with chemical hazard communication for manufacturers, importers and distributers, WAC 296-62-054.
	• You may withhold trade secret information under certain circumstances. See trade secrets, WAC 296-62-053, to find out what information may be withheld as a trade secret and what information must be released.

     Your responsibility:

     To inform and train your employees about the hazards of chemicals they may be exposed to during normal working conditions, or in foreseeable emergencies by:

     • Making a list of the hazardous chemicals present in your workplace

     • Preparing a written Chemical Hazard Communication Program for your workplace

     • Informing your employees about this rule and your program

     • Providing training to your employees about working in the presence of hazardous chemicals

     • Getting and keeping the material safety data sheets (MSDSs) for the hazardous chemicals

     • Making sure that labels on containers of hazardous chemicals are in place and easy to read.

     You must:

     Develop, implement, maintain, and make available a written Chemical Hazard Communication Program.

     WAC 296-800-17005.

     Include multiemployer workplaces in your program if necessary.

     WAC 296-800-17007.

     Identify and list all the hazardous chemicals present in your workplace.

     WAC 296-800-17010.

     Obtain and maintain material safety data sheets (MSDS) for each hazardous chemical used.

     WAC 296-800-17015.

     Make sure that material safety data sheets (MSDS) are readily accessible to your employees and NIOSH.

     WAC 296-800-17020.

     Label containers holding hazardous chemicals.

     WAC 296-800-17025.

     Inform and train your employees about hazardous chemicals in your workplace.

     WAC 296-800-17030.

     Follow these rules for laboratories using hazardous chemicals.

     WAC 296-800-17035.

     Follow these rules for handling chemicals in factory sealed containers.

     WAC 296-800-17040.

     The department must:

     Translate certain chemical hazard communication documents upon request.

     WAC 296-800-17045.

     Attempt to obtain a material safety data sheet (MSDS) upon request.

     WAC 296-800-17050.

     Exemption:

     Items or chemicals exempt from the rule, and exemptions from labeling.

     WAC 296-800-17055.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-16-047, § 296-800-170, filed 8/1/02, effective 10/1/02; 01-23-060, § 296-800-170, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-170, filed 5/9/01, effective 9/1/01.]

     You must:

     • Develop, implement, maintain, and make available a written Chemical Hazard Communication Program ((specifically for)) specific to your workplace. The Chemical Hazard Communication Program must, at a minimum, include:

     – A list of hazardous chemicals known to be present in your workplace.

     – Procedures for making sure all containers are properly labeled.

     – A description of how you are going to obtain and maintain your material safety data sheets (MSDSs).

     – A description of how you are going to train and inform your employees about hazardous chemicals in their workplace.

     – A description of how you are going to inform your employees about:

     ♦ Chemical hazards used during nonroutine tasks.

     ♦ The hazards associated with chemicals contained in unlabeled pipes in ((their)) employee work areas.

     You must:

     ((• Make sure your written chemical hazard communication program includes the following communication methods you will apply if you produce, use, or store hazardous chemicals at your workplace(s) in such a way that the employees of other employer(s) may be exposed:

     – Provide the other employer(s) with a copy of the relevant material safety data sheets (MSDSs), or provide access to the MSDSs in a central location at the workplace.

     – Inform the other employer(s) of any precautionary measures that need to be taken to protect employees during normal operating conditions and in foreseeable emergencies.

     – Describe how to inform the other employer(s) of the labeling system used in the workplace.

Note:	• Examples of employees of other employers who could be exposed to chemical hazards that you produce, use, or store in your workplace include employees of construction companies, cleaning services, or maintenance contractors visiting or working on-site.
	• Your employees have the right to get chemical hazard communication information from other employers at workplaces where they are working; and
	Employees of other employers have the right to get the information from you when they are working at your workplace.
	• Include in your written Chemical Hazard Communication Program the methods that you will use to share information with other employers and their employees at your workplace(s) regarding:
	– Access to MSDSs.
	– Precautionary measures such as personal protective equipment (PPE) and emergency plans.
	– Any labeling systems used at the workplace.
	If you rely on another employer's Chemical Hazard Communication Program to share the information required and the program meets the requirements of this rule, document this in your own written Chemical Hazard Communication Program.

     You must:))

     • Make your Chemical Hazard Communication Program available to your employees.

Note:	• You must make the written Chemical Hazard Communication Program available, upon request, to employees, their designated representatives, the department and NIOSH, in accordance with the requirements of Access to records, WAC 296-62-052.
	• Where employees must travel between workplaces during a workshift, that is, if their work is carried out at more than one geographical location, the written Chemical Hazard Communication Program may be kept at the primary workplace facility.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-23-060, § 296-800-17005, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-17005, filed 5/9/01, effective 9/1/01.]

     IMPORTANT:

     • Sharing chemical hazard information at multiemployer workplaces is required for the success of your hazard communication program and the success of other employers' programs.

     • This section applies to a site where you or your employees work if:

     – Your employees may be exposed to hazardous chemicals used by another employer;

     OR

     – Another employer's employees may be exposed to hazardous chemicals you or your employees use.

     Examples include employees of construction companies, cleaning services, or maintenance contractors visiting or working on-site.

     You must:

     • Include, in your written Chemical Hazard Communication Program, the methods you will use to share the following hazard information with other employers when their employees share a workplace with you and are potentially exposed to chemicals you produce, use, or store:

     – How you will provide other employers with a copy of the relevant material safety data sheets (MSDSs), or provide access to the MSDSs in a specified location.

     – How you will inform the other employers of any precautionary measures needed to protect employees during normal operating conditions and in foreseeable emergencies.

     – A description of how you will inform other employers of the labeling system you use.

Note:

You may rely on another employer's Chemical Hazard Communication Program to share the information required if the program meets the requirements of this rule.

[]

Note:

MSDSs are a type of employee exposure record. Therefore, you must comply with the material safety data sheets (MSDSs) as exposure records, WAC 296-800-180, located in this book.

     You must:

     • Obtain a MSDS for each hazardous chemical used as soon as possible if the MSDS is not provided with the shipment of a hazardous chemical, from the chemical manufacturer or importer.

Note:	• To obtain a MSDS, you may try calling the manufacturer or checking their website.
	• If you have a commercial account with a retailer or wholesaler, you have the right to request and receive a MSDS about hazardous chemicals you purchase.
	• If a chemical is purchased from a retailer with no commercial accounts, you have the right to request and receive the manufacturer's name and address so that you can contact them and request a MSDS for the chemical.
	• Whoever prepares the MSDS is required to mark all blocks on the form, even if there is no relevant information for that section.
	• If you have problems getting a MSDS within 30 calendar days after making a written request to the chemical manufacturer, importer, or distributor, you can get help from WISHA. You may contact your local regional office for assistance or make a written request for assistance to the:
	Department of Labor and Industries
	Right-to-Know Program
	P.O. Box 44610
	Olympia, Washington 98504-4610.
	Include in your request:
	– A copy of the purchaser's written request to the chemical manufacturer, importer, or distributor.
	– The name of the product suspected of containing a hazardous chemical.
	– The identification number of the product, if available.
	– A copy of the product label, if available.
	– The name and address of the chemical manufacturer, importer, or distributor from whom the product was obtained.

     You must:

     • Maintain a MSDS for each hazardous chemical:

     – Keep copies of the required MSDSs for each hazardous chemical present in your workplace.

     – Each MSDS must be in English. You may also keep copies in other languages.

((Note:

• If you choose not to rely on MSDSs or labels provided by the manufacturer or importer, you must comply with the Chemical hazard communication standard for manufacturers, importers, and distributors, WAC 296-62-054.

• It may be more appropriate to address the hazards of a process rather than individual hazardous chemicals. MSDS can be designed to cover groups of hazardous chemicals in a work area.))

Reference:

See material safety data sheets and label preparation, chapter 296-839 WAC, if you choose to create your own MSDS or label.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-23-060, § 296-800-17015, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-17015, filed 5/9/01, effective 9/1/01.]

     You must:

     • Make sure that MSDSs are readily accessible, easily obtained without delay during each work shift by employees when they are in their work area(s).

     • Make sure that employees, who must travel between workplaces during a work shift, such as when their work is carried out at more than one geographical location, can immediately obtain the required MSDS information in an emergency. (MSDSs may be kept at a central location at the primary workplace facility and accessed by means such as voice communication or laptop computer.)

Note:	• Electronic access (such as computer or fax), microfiche, and other alternatives to maintaining paper copies of the MSDSs are permitted as long as they do not create barriers to immediate employee access in each workplace.
	• Barriers to immediate access of electronic MSDSs may include:
	– Power outages
	– Equipment failure
	– System delays
	– Deficient user knowledge to operate equipment
	– Location of equipment outside the work area.
	Solutions to eliminating these and other possible barriers to access may require the availability of back-up systems, employee training, and providing access equipment in the work areas.
	((• MSDSs must also be made readily available, upon request, to the department in accordance with the requirements of material safety data sheets (MSDSs) as exposure records, WAC 296-800-180. NIOSH (National Institute for Occupational Safety and Health) must also be given access to MSDSs in the same manner.))

     You must:

     • Make MSDSs readily available, when requested, to representatives of the National Institute for Occupational Safety and Health (NIOSH).

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-16-047, § 296-800-17020, filed 8/1/02, effective 10/1/02; 01-23-060, § 296-800-17020, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-17020, filed 5/9/01, effective 9/1/01.]

     WAC 296-800-23035.))

     Your responsibility:

     To provide safe drinking (potable) water, bathrooms, washing facilities, eating areas and garbage and waste disposal in your workplace.

     You must:

     General requirements for all workplaces.

     Drinking water

     Provide safe drinking (potable) water in your workplace.

     WAC 296-800-23005.

     Clearly mark water outlets that are not fit for drinking (nonpotable).

     WAC 296-800-23010.

     Make sure systems delivering not fit for drinking (nonpotable) water prevent backflow into drinking water systems.

     WAC 296-800-23015.

     Bathrooms and washing facilities

     Provide bathrooms for your employees.

     WAC 296-800-23020.

     Provide convenient, clean washing facilities.

     WAC 296-800-23025.

     Eating areas and food service

     Make sure eating areas are safe and healthy.

     WAC 296-800-23040.

     Follow these requirements if you provide food service to your employees.

     WAC 296-800-23045.

     Garbage and waste disposal

     Dispose of garbage and waste safely.

     WAC 296-800-23050.

     Remove garbage and waste in a way that does not create a health hazard.

     WAC 296-800-23055.

     Lunchrooms and personal service rooms

     Provide a separate lunchroom if employees are exposed to toxic substances if they are allowed to eat and drink on the job site.

     WAC 296-800-23060.

     Provide showers when required for employees working with chemicals.

     WAC 296-800-23065.

     Provide change rooms when required.

     WAC 296-800-23070.

     Make sure any work clothes you provide are dry.

     WAC 296-800-23075.

Note:

Some industries may have additional rules on bathrooms and washing facilities. ((For example)) Some examples include:

Industry	WAC
Agriculture; indoor sanitation and temporary labor camps	chapter 296-307 WAC
Carcinogens; general regulated area requirements	WAC 296-62-07308
Charter boats	WAC 296-115-050
Compressed air work	WAC 296-36-160(5)
Construction	WAC 296-155-140
((Hazardous waste operations and treatment, storage and disposal facilities	WAC 296-62-31315))
Temporary labor camps	WAC 296-24-12507

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-23-060, § 296-800-230, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-230, filed 5/9/01, effective 9/1/01.]

     You must:

     (1) Provide safe drinking (potable) water for employees for:

     ((–)) • Washing themselves

     ((–)) • Personal service rooms

     ((–)) • Cooking

     ((–)) • Washing premises where food is prepared or processed

     ((–)) • Washing food, eating utensils, or clothing

     (2) Make sure when ((containers and)) providing movable or portable drinking water dispensers ((are provided)) that they are:

     • ((Your movable, or portable, drinking water dispensers are:

     –)) Capable of being closed

     ((–)) • Kept in sanitary condition

     ((–)) • Equipped with a tap

     ((• The use of open containers such as barrels, pails, and tanks from which employees must dip or pour drinking water are prohibited, even if the containers have covers.))

     (3) Prohibit employees from ((using shared drinking cups or utensils)):

     • Using shared drinking cups or utensils.

     • Using open containers such as barrels, pails, and tanks that require employees to dip or pour drinking water, even if the containers have covers.

     Definition:

     • Potable water is water that you can safely drink that meets specific safety standards prescribed by the United States Environmental Protection Agency's National Interim Primary Drinking Water Regulations, published in 40 CFR Part 141, and 40 CFR 147.2400.

     • Personal service rooms are used for activities not directly connected with a business' production or service function such as first aid, medical services, dressing, showering, bathrooms, washing and eating.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-23-060, § 296-800-23005, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-23005, filed 5/9/01, effective 9/1/01.]

     You must:

     (1) Mark ((nonpotable)) water outlets that are not fit for drinking (nonpotable), such as those used for industrial processes or fire fighting, so ((that no one will use them)) they will not be used for:

     • Drinking

     • Washing themselves, except in emergencies

     • Cooking

     • Washing food, eating utensils, or clothing.

     (2) Prohibit the use of nonpotable water containing substances that could create unsafe conditions such as:

     • Concentrations of chemicals, ((for example,)) such as lead or chlorine

     • Fecal coliform bacteria.

Note:	As long as the nonpotable water ((does not contain)) is free of substances that could create unsafe conditions, ((then nonpotable)) the water can be used for cleaning both:
–	((Cleaning)) Work premises ((that do not involve)) used for activities other than food preparation or ((food)) processing
	AND
–	((Cleaning)) Personal service rooms, such as bathrooms.

Reference:

((For)) You may need to follow additional requirements for emergency washing facilities. See WAC 296-800-150 First aid, for more information.

Place illustration here.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-16-047, § 296-800-23010, filed 8/1/02, effective 10/1/02; 01-23-060, § 296-800-23010, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-23010, filed 5/9/01, effective 9/1/01.]

((Exemption:	You do not have to provide bathrooms:
	• For mobile crews, if the employees have transportation immediately available to nearby bathrooms that meet the requirements of this section.
	• At work locations not normally attended by employees, if they have transportation immediately available to nearby bathrooms meeting the requirements of this section.

     You must:

     (1) Provide bathrooms with the appropriate number of toilets for your employees at every workplace. Use the chart below to determine how many toilets you need at your workplace.

Number of Employees*	Minimum Number of Toilets Required**
1 to 15	1
16 to 35	2
36 to 55	3
56 to 80	4
81 to 110	5
111 to 150	6
Over 150	One additional toilet for each additional 40 employees

*	The "number of employees" used in this table means the maximum number of employees present at any one time on a regular shift.
**	A shared bathroom (multiple toilets without enclosures) counts as one toilet no matter how many toilets it contains. In bathrooms used only by men, urinals may be substituted for up to one-third of the required toilets.

     You must:    

     • Have the appropriate number of toilets for each gender, based on the number of male and female employees at your workplace. For example, if you have 37 men and 17 women, you need to have three toilets for the men and two toilets for the women, based on the chart in this section.

     – Separate bathrooms for men and women are not required if the bathroom:

     ♦ Will be occupied by no more than one person at a time

     ♦ Can be locked from the inside

     ♦ Contains at least one toilet

     • Make sure each toilet is in a separate compartment with a door and walls, or partitions to assure privacy.

     (2) Provide toilet paper and a toilet paper holder for every toilet.

     (3) Make sure the sewage disposal method does not endanger the health of employees.

     (4) Make sure bathrooms are maintained in a clean and sanitary condition.))

Exemption:	You do not have to provide bathrooms:
	For mobile crews or at work locations not normally attended by employees, if there is transportation immediately available to nearby bathrooms that meet the requirements of this section.

     You must:

     (1) Provide bathrooms with the appropriate number of toilets for your employees at every workplace based on Table 1.

     • Have an appropriate number of toilets for each gender, based on the number of male and female employees at your workplace.

     – For example, if you have thirty-seven men and seventeen women, you need to have three toilets for the men and two toilets for the women, based on Table 1.

     • Make sure each toilet is in a separate compartment with a door and walls or partitions for privacy.

Table 1

Required Number of Employee Toilets at Every Workplace

Maximum Number of Employees Present at Any One Time During a Shift	Minimum Number of Toilets Required
1 to 15	1
16 to 35	2
36 to 55	3
56 to 80	4
81 to 110	5
111 to 150	6
Over 150	One additional toilet for each additional 40 employees

Note:

A shared bathroom (multiple toilets without enclosures) counts as one toilet no matter how many toilets it contains. In bathrooms used only by men, urinals may be substituted for up to 1/3 of the required toilets.

     You must:

     (2) Provide toilet paper and a toilet paper roll holder for each toilet.

     (3) Make sure bathrooms are maintained in a clean and sanitary condition.

     (4) Make sure the sewage disposal method does not endanger the health of employees.

Exemption:	Separate bathrooms for men and women are not required if the bathroom:
	• Will only be occupied by one person at a time.
	• Can be locked from the inside.
	• Contains at least one toilet.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-16-047, § 296-800-23020, filed 8/1/02, effective 10/1/02; 01-11-038, § 296-800-23020, filed 5/9/01, effective 9/1/01.]

Exemption:	You do not have to provide washing facilities for:
	• Mobile crews((, if your employees working there have transportation immediately available to nearby washing facilities meeting the requirements of this rule.
	• Work locations not normally attended by employees, if they have transportation immediately available to nearby accessible washing facilities meeting)) or work locations not normally attended by employees, if there is immediately available transportation to nearby washing facilities that meet the requirements of this rule.

     You must:

     • Provide ((the following)) convenient and clean washing facilities for ((your)) employees including:

     – ((Convenient, clean washing facilities, including)) Sinks or basins for personal washing

     – Hot and cold water, or lukewarm (tepid), running water in each sink and basin

     – Hand soap or similar cleaning agents

     – One of the following:

     ((–)) • Individual paper or cloth hand towels((; or))

     • Individual sections of clean continuous cloth toweling((; or))

     • Warm air blowers for drying hands, ((in a location)) located near the sinks and basins.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-23-060, § 296-800-23025, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-23025, filed 5/9/01, effective 9/1/01.]

     You must:

     (1) Make sure employees are not allowed to eat and drink in:

     • Bathrooms.

     • Areas exposed to toxic substances.

     (2) Make sure food is not stored in bathrooms or areas exposed to toxic substances.

[]

     You must:

     • Make sure all food service facilities and operations you make available follow sound hygiene principles.

     • Make sure the food is:

     – Unspoiled.

     – Protected from contamination during processing, preparation, handling, and storage.

[]

     You must:

     (1) Make sure garbage containers are:

     • Kept in a clean and sanitary condition.

     • Made from smooth, corrosion resistant materials.

     • Easily cleaned or are disposable.

     • Equipped with a solid tight-fitting cover unless you can keep them in a sanitary condition without a cover.

     (2) Provide enough garbage containers to make sure they:

     • Are conveniently located to encourage their use.

     • Won't be overfilled.

[]

     You must:

     • Remove all sweepings, solid and liquid wastes, refuse, and garbage as often as needed to keep the workplace in a sanitary condition.

[]

     You must:

     (1) Provide a lunchroom separate from the work area if employees are exposed to toxic substances.

     (2) Use Table 2 to determine the required square footage in your lunchroom based on the number of employees using the room at any one time.

Table 2

Maximum Number of Employees Using Lunchroom at One Time

Number of Persons	Square Feet per Person
25 and less	13
26-74	12
75-149	11
150 and over	10

Note:

You do not have to provide a separate lunchroom if it is convenient for employees to leave the workplace to eat and drink.

[]

     You must:

     • Provide showers for employees if:

     – They work with chemicals that could cause an occupational illness;

     AND

     – The chemicals remain on the skin between work shifts.

     • Make sure employees who work with such chemicals shower at the end of their shifts.

     – Make sure showers have:

     • Soap or other cleansing agents.

     • Hot and cold water with a common discharge line.

     – Provide individual, clean towels for each employee who is required to shower.

     • Provide at least one shower for every ten employees (or every fraction of 10) of each gender.

Note:

Table 3 shows the number of showers to provide based on a "fraction of 10."

Table 3

Number of Employees of Each Gender	Number of Showers
1-10	1
11-20	2
21-30	3
31-40	4
41-50	5

[]

     You must:

     • Provide change rooms when employees are required by a particular standard to wear protective clothing because of the possibility of contamination with toxic materials.

     • Make sure change rooms have separate storage facilities for street clothes and protective clothing.

[]

     You must:

     • Make sure when providing work clothes to employees that the clothing provided is dry if the clothing:

     – Gets wet during use;

     OR

     – Is washed before it is reused.

[]

     You must:

     • Mark each exit with a clearly visible, distinctive sign reading "exit."

     • Make sure the letters in the word "EXIT" are at least six inches high and 3/4 inch wide.

     • Mark any doorway or passage that might be mistaken for an exit with "not an exit" or with an indication of its actual use.

     • Make sure exit signs are a distinctive color.

     • Make sure signs are posted and arranged along exit routes to adequately show how to get to the nearest exit and clearly indicate the direction of travel.

     • Not obstruct or conceal exit signs in any way.

     • Keep exit doors free of signs or decorations that obscure their visibility.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-800-31050, filed 5/9/01, effective 9/1/01.]

     This section describes actions WISHA takes during or after inspections, and your related obligation and rights.

     Your responsibility: You must follow posting requirements and notify your employees of the information listed in these rules, as indicated.

     You must:

     WISHA INSPECTIONS AND CITATIONS

     Types of workplace inspections

     WAC 296-800-35002 . . . . . . . . . . . .

     Scheduling inspections

     WAC 296-800-35004 . . . . . . . . . . . .

     Inspection techniques

     WAC 296-800-35006 . . . . . . . . . . . .

     Response to complaints submitted by employees or their representatives

     WAC 296-800-35008 . . . . . . . . . . . .

     Citations mailed after an inspection

     WAC 296-800-35010 . . . . . . . . . . . .

     Employees (or their representatives) can request a citation and notice

     WAC 296-800-35012 . . . . . . . . . . . .

     Posting a citation and notice and employee complaint information

     WAC 296-800-35016 . . . . . . . . . . . .

     CIVIL PENALTIES FOR VIOLATING WISHA REQUIREMENTS

     Reasons to assess civil penalties

     WAC 296-800-35018 . . . . . . . . . . . .

     Minimum penalties

     WAC 296-800-35020 . . . . . . . . . . . .

     HOW CIVIL PENALTIES ARE CALCULATED

     Base penalty calculations - severity and probability

     WAC 296-800-35022 . . . . . . . . . . . .

     Severity rate determination

     WAC 296-800-35024 . . . . . . . . . . . .

     Probability rate determination

     WAC 296-800-35026 . . . . . . . . . . . .

     Determining the gravity of a violation

     WAC 296-800-35028 . . . . . . . . . . . .

     Base penalty adjustments

     WAC 296-800-35030 . . . . . . . . . . . .

     Types of base penalty adjustments

     WAC 296-800-35032 . . . . . . . . . . . .

     Minimum and maximum adjusted base penalty amounts

     WAC 296-800-35038 . . . . . . . . . . . .

     Reasons for increasing civil penalty amounts

     WAC 296-800-35040 . . . . . . . . . . . .

     CERTIFY THAT VIOLATIONS HAVE BEEN ABATED

     Employers must certify that violations have been abated

     WAC 296-800-35042 . . . . . . . . . . . .

     For willful, repeated, or serious violations, submit additional documentation

     WAC 296-800-35044 . . . . . . . . . . . .

     Submitting correction action plans

     WAC 296-800-35046 . . . . . . . . . . . .

     Submit progress reports to the department, when required

     WAC 296-800-35048 . . . . . . . . . . . .

     WISHA determines the date by which abatement documents must be submitted

     WAC 296-800-35049 . . . . . . . . . . . .

     Inform affected employees and their representatives of abatement actions you have taken

     WAC 296-800-35050 . . . . . . . . . . . .

     Tag cited moveable equipment to warn employees of a hazard

     WAC 296-800-35052 . . . . . . . . . . . .

     REQUESTING MORE TIME TO COMPLY

     You can request more time to comply

     WAC 296-800-35056 . . . . . . . . . . . .

     WISHA's response to your request for more time

     WAC 296-800-35062 . . . . . . . . . . . .

     Post the department's response

     WAC 296-800-35063 . . . . . . . . . . . .

     A hearing can be requested about the department's response

     WAC 296-800-35064 . . . . . . . . . . . .

     Post the department's hearing notice

     WAC 296-800-35065 . . . . . . . . . . . .

     Hearing procedures

     WAC 296-800-35066 . . . . . . . . . . . .

     Post the hearing decision

     WAC 296-800-35072 . . . . . . . . . . . .

     REQUESTING AN APPEAL OF WISHA CITATIONS AND CORRECTIVE NOTICES

     Employers and employees can request an appeal of a citation and notice

     WAC 296-800-35076 . . . . . . . . . . . .

     Await the department's response to your appeal request

     WAC 296-800-35078 . . . . . . . . . . . .

     Department actions when reassuming jurisdiction over an appeal

     WAC 296-800-35080 . . . . . . . . . . . .

     Appealing a corrective notice

     WAC 296-800-35082 . . . . . . . . . . . .

     Notify employees

     WAC 296-800-35084 . . . . . . . . . . . .

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-23-060, § 296-800-350, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-350, filed 5/9/01, effective 9/1/01.]

     • The maximum penalty for a violation other than repeat, willful, egregious or failure-to-abate is $7,000.

     • The minimum adjusted base penalty for any violation carrying a penalty is $100.00.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-800-35038, filed 5/9/01, effective 9/1/01.]

     • WISHA may increase civil penalties by applying a multiplier to an adjusted base penalty. Multipliers may be applied for the following reasons:

     Repeat violations:

     ((A repeat violation occurs when WISHA cites an employer more than once in the last 3 years for a substantially similar hazard.

     – The 3-year period is measured from the date of the final order for each previous citation)) A violation is a repeat violation if the employer has been cited one or more times previously for a substantially similar hazard.

     • WISHA cites such violations if the final order for the previous citation was dated no more than three years prior to the employer committing the violation being cited.

     ((–)) • The adjusted base penalty will be multiplied by the total number of ((inspections)) citations with violations (((including the current inspection with a violation))) involving similar hazards, including the current inspection.

     ((–)) • The maximum penalty cannot exceed $70,000 for each violation.

     Willful violations:

     A willful violation is a voluntary action done either with an intentional disregard of, or plain indifference to, the requirements of the applicable WISHA rule(s):

     – For all willful violations, the adjusted base penalty will be multiplied by 10

     – All willful violations will receive at least the statutory minimum penalty of $5,000

     – The maximum penalty cannot exceed $70,000 for each violation

     For example: When management is aware that employees are resistant to following specific WAC rule(s); employee resistance results in imminent danger situation or a serious violation; and management fails to make efforts that are effective in practice to overcome the resistance, then WISHA will presume that the failure constitutes voluntary action.

     Egregious violations:

     An egregious violation may be issued for exceptionally flagrant cases involving willful violations. In these cases, WISHA will issue a separate penalty for each instance of an employer failing to comply with a particular rule

     Failure-to-abate violations:

     A failure-to-abate violation occurs when an employer who has been cited for a WISHA violation, fails to correct the violation on time (certifying corrected violations is covered in WAC ((296-800-35200 through 296-800-35270)) 296-800-35042 through 296-800-35052)

     ((– The maximum penalty cannot exceed $7,000 for every day the violation is not corrected

     – For a general violation with no initial penalty, the minimum failure-to-abate penalty is $1,000, with a possible adjustment for the employer's effort to comply

     – For violations with an initial penalty, WISHA,)) • Based on the facts at the time of reinspection, WISHA will:

     ((♦ Will)) – Multiply the adjusted base penalty by a factor of at least 5, but ((may possibly make adjustments for)) up to 10, based on the employer's effort to comply

     ((♦ May)) – Multiply the adjusted base penalty by the number of calendar days past the correction date ((if the employer does not make an effort to comply)).

     • The maximum penalty cannot exceed $7,000 per day for every day the violation is not corrected.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 02-16-047, § 296-800-35040, filed 8/1/02, effective 10/1/02; 01-23-060, § 296-800-35040, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-35040, filed 5/9/01, effective 9/1/01.]

     • ((Within 5 working days of receiving your request for more time to comply, the assistant director must make a decision to approve or deny it.)) Before making a decision, ((the assistant director)) WISHA may conduct an investigation. Once made, the decision remains in effect unless a hearing is requested by the employee or employee representative.

     ((• The assistant director must issue the following 3 notices (which can be combined into one):

     – A notice verifying that your request was received, including the correction dates listed in your citation.

     – A notice of your right to request a hearing on the decision

     – A notice announcing the decision.

     ♦ These notices must:

     &sqbul; Be signed by the assistant director,

     &sqbul; Contain the date they were issued, and

     &sqbul; Include the address to which a hearing request may be sent.)) • Unless you receive a response from the department granting your request for more time, the original abatement date will remain in effect.

Note:

Although the department may grant more time to correct hazards at its discretion, an employee can appeal if an extension is granted.

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-23-060, § 296-800-35062, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-35062, filed 5/9/01, effective 9/1/01.]

     • ((You, your)) The affected employees or their authorized representative((,)) may request a hearing if they disagree with the department's response to a request for more time to comply.

     • All hearing requests must be sent or delivered to the assistant director and be received ((at the address identified in the notice of your right to request a hearing)) no later than 10 calendar days after the issue date of the notice.

     • Upon receiving a hearing request, the assistant director will issue a notice of hearing to the requesting party and the employer at least 20 days before the hearing date. The hearing notice will:

     – state that all interested parties can participate in the hearing

     – set the time and date, including:

     ♦ The time, place, and nature of the proceeding

     ♦ The legal authority and jurisdiction under which the hearing will be held

     ♦ A reference to the particular sections of the statute and rules involved, and

     ♦ A short and clear explanation why a hearing was requested.

     • The employer must post the department's hearing notice or a complete copy until the hearing is held. This includes the:

     – Citation containing the correction date for which more time was requested.

     ((– Department notices issued in response to the employer's request for more time.))

[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-23-060, § 296-800-35064, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-35064, filed 5/9/01, effective 9/1/01.]

     Abatement Action Plans

     Refers to your written plans for correcting a WISHA violation.

     Abatement date

     The date on the citation when you must comply with specific safety and health standards listed on the citation and notice of assessment or the corrective notice of redetermination.

     Acceptable

     As used in Electrical, WAC 296-800-280 means an installation or equipment is acceptable to the director of labor and industries, and approved:

     • If it is accepted, or certified, or listed, or labeled, or otherwise determined to be safe by a nationally recognized testing laboratory; or

     • With respect to an installation or equipment of a kind which no nationally recognized testing laboratory accepts, certifies, lists, labels, or determines to be safe, if it is inspected or tested by another federal agency, or by a state, municipal, or other local authority responsible for enforcing occupational safety provisions of the National Electrical Code, and found in compliance with the provisions of the National Electrical Code as applied in this section;

     OR

     • With respect to custom-made equipment or related installations which are designed, fabricated for, and intended for use by a particular customer, if it is determined to be safe for its intended use by its manufacturer on the basis of test data which the employer keeps and makes available for inspection to the director and his/her authorized representatives. Refer to federal regulation 29 CFR 1910.7 for definition of nationally recognized testing laboratory.

     Accepted

     As used in Electrical, WAC 296-800-280 means an installation is accepted if it has been inspected and found by a nationally recognized testing laboratory to conform to specified plans or to procedures of applicable codes.

     Access

     As used in material safety data sheets (MSDSs) as Exposure Records, WAC 296-800-180 means the right and opportunity to examine and copy exposure records.

     Affected employees

     As used in WISHA appeals, penalties and other procedural rules, WAC 296-800-350 means employees exposed to hazards identified as violations in a citation.

     Analysis using exposure or medical records

     • An analysis using exposure records or medical records can be any collection of data or a statistical study. It can be based on either:

     – Partial or complete information from individual employee exposure or medical records or

     – Information collected from health insurance claim records

     • The analysis is not final until it has been:

     – Reported to the employer or

     – Completed by the person responsible for the analysis

     ANSI

     This is an acronym for the American National Standards Institute.

     Approved means:

     • Approved by the director of the department of labor and industries or their authorized representative, or by an organization that is specifically named in a rule, such as Underwriters' Laboratories (UL), Mine Safety and Health Administration (MSHA), or the National Institute for Occupational Safety and Health (NIOSH).

     • As used in Electrical, WAC 296-800-280 means acceptable to the authority enforcing this section. The authority enforcing this section is the director of labor and industries. The definition of acceptable indicates what is acceptable to the director and therefore approved.

     Assistant director

     The assistant director for the WISHA services division at the department of labor and industries or his/her designated representative.

     ASTM

     This is an acronym for American Society for Testing and Materials.

     Attachment plug or plug

     As used in the basic electrical rules, WAC 296-800-280 means the attachment at the end of a flexible cord or cable that is part of a piece of electrical equipment. When it is inserted into an outlet or receptacle, it connects the conductors supplying electrical power from the outlet to the flexible cable.

     Bare conductor

     A conductor that does not have any covering or insulation.

     Bathroom

     A room maintained within or on the premises of any place of employment, containing toilets that flush for use by employees.

     Biological agents

     Organisms or their by-products.

     Board

     As used in WISHA appeals, penalties and other procedural rules, WAC 296-800-350 means the board of industrial insurance appeals.

     Ceiling

     An exposure limit that must not be exceeded during any part of the employee's workday. The ceiling must be determined over the shortest time period feasible and should not exceed fifteen minutes.

     Certification

     As used in WISHA appeals, penalties and other procedural rules, WAC 296-800-350 means refers to an employer's written statement describing when and how a citation violation was corrected.

     CFR

     This is an acronym for Code of Federal Regulations.

     Chemical

     Any element, chemical compound, or mixture of elements and/or compounds.

     Chemical agents (airborne or contact)

     A chemical agent is any of the following:

     • Airborne chemical agent which is any of the following:

     – Dust - solid particles suspended in air, ((generated by handling, drilling, crushing, grinding, rapid impact, detonation, or decrepitation of organic or inorganic materials such as rock, ore, metal, coal, wood, grain, etc)) that are created by actions such as:

     • Handling.

     • Drilling.

     • Crushing.

     • Grinding.

     • Rapid impact.

     • Detonation.

     • Decrepitation of organic or inorganic materials such as rock, ore, metal, coal, wood, and grain.

     – Fume - solid particles suspended in air, ((generated)) that are created by condensation from the gaseous state((, generally after volatilization from molten metals, etc., and often accompanied by a chemical reaction such as oxidation)).

     – Gas - a normally formless fluid ((that)), such as air, which can be changed to the liquid or solid state by the effect of increased pressure or decreased temperature or both.

     – Mist - liquid droplets suspended in air((, generated by condensation from the gaseous to the liquid state or by breaking up a liquid into a dispersed state, such as by splashing, foaming or atomizing)). Mist is created by:

     • Condensation from the gaseous to the liquid state;

     OR

     • Converting a liquid into a dispersed state with actions such as splashing, foaming, spraying or atomizing.

     – Vapor - the gaseous form of a substance that is normally in the solid or liquid state.

     • Contact chemical agent which is any of the following:

     – Corrosive((s)) - a substance((s)) that ((in)), upon contact ((with living tissue)), causes destruction of ((the)) living tissue by chemical action, including acids with a pH of 2.5 or below or caustics with a pH of 11.0 or above.

     – Irritant((s)) - a substance((s)) that ((on immediate, prolonged, or repeated contact with normal living tissue)) will induce a local inflammatory reaction upon immediate, prolonged, or repeated contact with normal living tissue.

     – Toxicant((s)) - a substance((s)) that ((have)) has the inherent capacity to produce personal injury or illness to individuals by absorption through any body surface.

     Chemical manufacturer

     An employer with a workplace where one or more chemicals are produced for use or distribution.

     Chemical name

     The scientific designation of a chemical in accordance with one of the following:

     • The nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC)

     • The Chemical Abstracts Service (CAS) rules of nomenclature

     • A name which will clearly identify the chemical for the purpose of conducting a hazard evaluation.

     Circuit breaker

     • Is a device used to manually open or close a circuit. This device will also open the circuit automatically and without damage to the breaker when a predetermined overcurrent is applied. (600 volts nominal or less)

     • Is a switching device capable of making, carrying, and breaking currents under normal circuit conditions, and also making, carrying for a specified time, and breaking currents under specified abnormal circuit conditions, such as those of short circuit. (Over 600 volts nominal)

     Citation

     Refers to the citation and notice issued to an employer for any violation of WISHA safety and health rules. A citation and notice may be referred to as a citation and notice of assessment but is more commonly referred to as a citation.

     Combustible liquid

     A combustible liquid has a flashpoint of at least 100°F (37.8°C) and below 200°F (93.3°C). Mixtures with at least 99% of their components having flashpoints of 200°F (93.3°C) or higher are not considered combustible liquids.

     Commercial account

     As used in Employer Chemical Hazard Communication, WAC 296-800-170 means an arrangement in which a retail distributor sells hazardous chemical(s) to an employer, generally in large quantities over time, and/or at costs that are below the regular retail price.

     Common name

     As used in Employer Chemical Hazard Communication, WAC 296-800-170 means any designation or identification such as:

     • Code name

     • Code number

     • Trade name

     • Brand name

     • Generic name used to identify a chemical other than by its chemical name.

     Compressed gas

     A gas or mixture of gases that, when in a container, has an absolute pressure exceeding:

     • 40 psi at 70°F (21.1°C)

     OR

     • 104 psi at 130°F (54.4°C) regardless of the pressure at 70°F (21.1°C)

     Compressed gas can also mean a liquid with a vapor pressure that exceeds 40 psi at 100°F (37.8°C)

     Conductor

     A wire that transfers electric power.

     Container

     As used in Employer Chemical Hazard Communication, WAC 296-800-170 means any container, except for pipes or piping systems, that contains a hazardous chemical. It can be any of the following:

     • Bag

     • Barrel

     • Bottle

     • Box

     • Can

     • Cylinder

     • Drum

     • Reaction vessel

     • Storage tank

     Correction date

     The date by which a violation must be corrected. Final orders or extensions that give additional time to make corrections establish correction dates. A correction date established by an order of the board of industrial insurance appeals remains in effect during any court appeal unless the court suspends the date.

     Corrective notice

     Refers to a notice changing a citation and is issued by the department after a citation has been appealed.

     Corrosive

     ((As used in first aid, WAC 296-800-150, is)) A substance that, upon contact, causes destruction of living tissue by chemical action, including acids with a pH of 2.5 or below or caustics with a pH of 11.0 or above.

     Covered conductor

     A conductor that is covered by something else besides electrical insulation.

     Damp location

     As used in basic electrical rules, WAC 296-800-280 means partially protected areas that are exposed to moderate moisture. Outdoor examples include roofed open porches and marquees. Interior examples include basements and barns.

     Department

     Those portions of the department of labor and industries responsible for enforcing the Washington Industrial Safety Act (WISHA).

     Designated representative

     • Any individual or organization to which an employee gives written authorization.

     • A recognized or certified collective bargaining agent without regard to written authorization.

     • The legal representative of a deceased or legally incapacitated employee.

     Director

     The director means the director of the department of labor and industries or their designee.

     Distributor

     ((As used in Employer Chemical Hazard Communication, WAC 296-800-170 means)) A business, other than a chemical manufacturer or importer, that supplies hazardous chemicals to other distributors or to employers. ((See WAC 296-62-054 for requirements dealing with Manufacturers, Distributors and Importers - Hazard Communication.))

     Documentation

     As used in WISHA appeals, penalties and other procedural rules, WAC 296-800-350 means material that you submit to prove that a correction is completed. Documentation includes, but is not limited to, photographs, receipts for materials and/or labor.

     Dry location

     As used in basic electrical rules, WAC 296-800-280 means areas not normally subjected to damp or wet conditions. Dry locations may become temporarily damp or wet, such as when constructing a building.

     Dust

     Solid particles suspended in air that are created by actions such as:

     • Handling.

     • Drilling.

     • Crushing.

     • Grinding.

     • Rapid impact.

     • Detonation.

     • Decrepitation of organic or inorganic materials such as rock, ore, metal, coal, wood, and grain.

     Emergency washing facilities

     Emergency washing facilities are emergency showers, eyewashes, eye/face washes, hand-held drench hoses, or other similar units.

     Electrical outlets

     Places on an electric circuit where power is supplied to equipment through receptacles, sockets, and outlets for attachment plugs.

     Employee

     Based on chapter 49.17 RCW, the term employee and other terms of like meaning, unless the context of the provision containing such term indicates otherwise, means an employee of an employer who is employed in the business of his or her employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is personal labor for an employer under this standard whether by way of manual labor or otherwise.

     Employee exposure record

     As used in material safety data sheets (MSDSs) as exposure records, WAC 296-800-180 means a record containing any of the following kinds of information:

     • Environmental (workplace) monitoring or measuring of a toxic substance or harmful physical agent, including personal, area, grab, wipe, or other form of sampling, as well as related collection and analytical methodologies, calculations, and other background data relevant to interpretation of the results obtained;

     • Biological monitoring results which directly assess the absorption of a toxic substance or harmful physical agent by body systems (e.g., the level of a chemical in the blood, urine, breath, hair, fingernails, etc.) but not including results which assess the biological effect of a substance or agent or which assess an employee's use of alcohol or drugs;

     • Material safety data sheets indicating that the material may pose a hazard to human health;

     OR

     • In the absence of the above, a chemical inventory or any other record which reveals where and when used and the identity (e.g., chemical, common or trade name) of a toxic substance or harmful physical agent.

     Employer

     Based on chapter 49.17 RCW, an employer is any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees or who contracts with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations: Provided, That any persons, partnership, or business entity not having employees, and who is covered by the Industrial Insurance Act must be considered both an employer and an employee.

     Exit

     Provides a way of travel out of the workplace.

     Exit route

     A continuous and unobstructed path of exit travel from any point within a workplace to safety outside.

     Explosive

     A chemical that causes a sudden, almost instant release of pressure, gas, and heat when exposed to a sudden shock, pressure, or high temperature.

     Exposed live parts

     Electrical parts that are:

     • Not suitably guarded, isolated, or insulated

     AND

     • Capable of being accidentally touched or approached closer than a safe distance.

     Exposed wiring methods

     Involve working with electrical wires that are attached to surfaces or behind panels designed to allow access to the wires.

     Exposure or exposed

     As used in employer chemical hazard communication, WAC 296-800-170 and material safety data sheets (MSDSs) as exposure records, WAC 296-800-180. An employee has been, or may have possibly been, subjected to a hazardous chemical, toxic substance or harmful physical agent while working. An employee could have been exposed to hazardous chemicals, toxic substances, or harmful physical agents in any of the following ways:

     • Inhalation

     • Ingestion

     • Skin contact

     • Absorption

     • Related means.

     The terms exposure and exposed only cover workplace exposure involving a toxic substance or harmful physical agent in the workplace different from typical nonoccupational situations in the way it is:

     • Used

     • Handled

     • Stored

     • Generated

     • Present

     Exposure record

     See definition for employee exposure record.

     Extension ladder

     A portable ladder with 2 or more sections and is not self-supporting. The 2 or more sections travel in guides or brackets that let you change the length. The size of a portable ladder is determined by adding together the length of each section.

     Failure-to-abate

     Any violation(s) resulting from not complying with an abatement date.

     Final order

     Any of the following (unless an employer or other party files a timely appeal):

     • Citation and notice;

     • Corrective notice;

     • Decision and order from the board of industrial insurance appeals;

     • Denial of petition for review from the board of industrial insurance appeals; or

     • Decision from a Washington State superior court, court of appeals, or the state supreme court.

     Final order date

     The date a final order is issued.

     First aid

     The extent of treatment you would expect from a person trained in basic first aid, using supplies from a first-aid kit.

     Tests, such as X rays, must not be confused with treatment.

     Flammable

     A chemical covered by one of the following categories:

     • Aerosol flammable means an aerosol that, when tested by the method described in 16 CFR 1500.45 yields either a flame projection more than 18 inches at full valve opening or a flashback (a flame extending back to the valve) at any degree of valve opening;

     • Gas, flammable means:

     – A gas that, at temperature and pressure of the surrounding area, forms a flammable mixture with air at a concentration of 13% by volume or less or

     – A gas that, at temperature and pressure of the surrounding area, forms a range of flammable mixtures with air wider than 12% by volume, regardless of the lower limit.

     • Liquid, flammable means any liquid having a flashpoint below 100°F (37.8°C), except any mixture having components with flashpoints of 100°F (37.8°C) or higher, the total of which make up 99% or more of the total volume of the mixture.

     • Solid, flammable means a solid, other than a blasting agent or explosive as defined in 29 CFR 1910.109(a), that is likely to cause fire through friction, moisture absorption, spontaneous chemical change, or retained heat from manufacturing or processing, or which can be ignited readily. Solid, inflammable also means that when the substance is ignited, it burns so powerfully and persistently that it creates a serious hazard. A chemical must be considered to be a flammable solid if, when tested by the method described in 16 CFR 1500.44, it ignites and burns with a self-sustained flame at a rate greater than one-tenth of an inch per second along its major axis.

     Flashpoint

     • The minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite when tested by any of the following measurement methods:

     – Tagliabue closed tester: (See American National Standard Method of Test for Flash Point by Tag Closed Tester, Z11.24-1979 (ASTM D 56-79)) for liquids with a viscosity of less than 45 Saybolt Universal Seconds (SUS) at 100°F (37.8°C), that do not contain suspended solids and do not have a tendency to form a surface film under test; or

     – Pensky-Martens closed tester: (See American National Standard Method of Test for Flash Point by Pensky-Martens Closed Tester, Z11.7-1979 (ASTM D 93-79)) for liquids with a viscosity equal to or greater than 45 SUS at 100°F (37.8°C), or that contain suspended solids, or that have a tendency to form a surface film under test; or

     – Setaflash closed tester: (See American National Standard Method of Test for Flash Point by Setaflash Closed Tester (ASTM D 3278-78).)

Note:

Organic peroxides, which undergo auto accelerating thermal decomposition, are excluded from any of the flashpoint measurement methods specified above.

     Flexible cords and cables

     Typically used to connect electrical equipment to an outlet or receptacle. These cords can have an attachment plug to connect to a power source or can be permanently wired into the power source. Flexible cords, extension cords, cables and electrical cords are all examples of flexible cord.

     Floor hole

     An opening in any floor, platform, pavement, or yard that measures at least one inch but less than 12 inches at its smallest dimension and through which materials and tools (but not people) can fall.

     Examples of floor holes are:

     • Belt holes

     • Pipe openings

     • Slot openings

     Floor opening

     An opening in any floor, platform, pavement, or yard that measures at least 12 inches in its smallest dimension and through which a person can fall.

     Examples of floor openings are:

     • Hatchways

     • Stair or ladder openings

     • Pits

     • Large manholes

     The following are NOT considered floor openings:

     • Openings occupied by elevators

     • Dumbwaiters

     • Conveyors

     • Machinery

     • Containers

     Foreseeable emergency

     As used in Employer Chemical Hazard Communication, WAC 296-800-170 means any potential event that could result in an uncontrolled release of a hazardous chemical into the workplace. Examples of foreseeable emergencies include equipment failure, rupture of containers, or failure of control equipment.

     Fume

     Solid particles suspended in air that are created by condensation from the gaseous state.

     Gas

     A normally formless fluid, such as air, which can be changed to the liquid or solid state by the effect of increased pressure or decreased temperature or both.

     Ground

     As used in Electrical, WAC 296-800-280, a connection between an electrical circuit or equipment and the earth or other conducting body besides the earth. This connection can be intentional or accidental.

     Grounded

     A connection has been made between an electrical circuit or equipment and the earth or another conducting body besides the earth.

     Grounded conductor

     A system or circuit conductor that is intentionally grounded.

     Ground-fault circuit-interrupter

     A device whose function is to interrupt the electric circuit to the load when a fault current to ground exceeds some predetermined value that is less than that required to operate the overcurrent protective device of the supply circuit.

     Grounding conductor

     Is used to connect equipment or the grounded circuit of a wiring system to a grounding electrode or electrodes.

     Grounding conductor, equipment

     A conductor used to connect noncurrent-carrying metal parts of equipment, raceways, and other enclosures to the system grounded conductor and/or the grounding electrode conductor at the service equipment or at the source of a separately derived system.

     Guarded

     Covered, shielded, fenced, enclosed, or otherwise protected by means of suitable covers, casings, barriers, rails, screens, mats, or platforms to remove the likelihood of being accidentally touched or approached closer than a safe distance.

     Hand-held drench hoses

     Hand-held drench hoses are single-headed emergency washing devices connected to a flexible hose that can be used to irrigate and flush the face or other body parts.

     Handrail

     A single bar or pipe supported on brackets from a wall or partition to provide a continuous handhold for persons using a stair.

     Harmful physical agent

     Any ((chemical substance, biological agent (bacteria, virus, fungus, etc.), or)) physical stress ((())such as noise, vibration, repetitive motion, heat, cold, ((vibration, repetitive motion,)) ionizing and nonionizing radiation, and hypo- or hyperbaric pressure((, etc.))) which:

     • Is listed in the latest ((printed)) edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS) (((see Appendix B))); or

     • Has shown positive evidence of an acute or chronic health hazard in testing conducted by, or known to, the employer;

     OR

     • Is the subject of a material safety data sheet kept by or known to the employer showing that the material may pose a hazard to human health.

     Hazard

     Any condition, potential or inherent, which can cause injury, death, or occupational disease.

     Hazard warning

     As used in Employer Chemical Hazard Communication, WAC 296-800-170 can be a combination of words, pictures, symbols, or combination appearing on a label or other appropriate form of warning which shows the specific physical and health hazard(s), including target organ effects, of the chemical(s) in the container(s).

Note:

See definition for physical hazard and health hazard to determine which hazards must be covered.

     Hazardous chemical

     Any chemical that is a physical or health hazard.

     Health hazard

     ((As used in Employer Chemical Hazard Communication, WAC 296-800-170 means any)) A chemical ((with the potential to cause acute or chronic health effects in)), mixture, biological agent, or physical agent that may cause health effects in short- or long-term exposed employees. ((The potential must be)) Based on statistically significant ((based on)) evidence from at least one study conducted ((under)) using established scientific principles. Health hazards include:

     • ((Chemicals which are)) Carcinogens

     • Toxic or highly toxic agents

     • Reproductive toxins

     • Irritants

     • Corrosives

     • Sensitizers

     • Hepatotoxins (liver toxins)

     • Nephrotoxins (kidney toxins)

     • Neurotoxins (nervous system toxins)

     • ((Agents which)) Substances that act on the hematopoietic system (blood or blood-forming system)

     • ((Agents which)) Substances that can damage the lungs, skin, eyes, or mucous membranes

     ((See WAC 296-62-054 for more definitions and explanations about the scope of health hazards covered by this part.

     See WAC 296-62-054 for the criteria used for determining whether or not a chemical is considered hazardous for purposes of this rule.)) • Hot or cold conditions.

     Hospitalization

     To be sent to, to go to, or be admitted to, a hospital or an equivalent medical facility and receive medical treatment beyond first-aid treatment, regardless of the length of stay in the hospital or medical facility.

     Identity

     As used in Employer Chemical Hazard Communication, WAC 296-800-170 means any chemical or common name listed on the material safety data sheet (MSDS) for the specific chemical. Each identity used must allow cross-references among the:

     • Required list of hazardous chemicals

     • Chemical label

     • MSDSs

     Imminent danger violation

     Any violation(s) resulting from conditions or practices in any place of employment, which are such that a danger exists which could reasonably be expected to cause death or serious physical harm, immediately or before such danger can be eliminated through the enforcement procedures otherwise provided by the Washington Industrial Safety and Health Act.

     Importer

     ((As used in Employer Chemical Hazard Communication, WAC 296-800-170 means)) The first business within the Customs Territory of the USA that:

     • Receives hazardous chemicals produced in other countries

     AND

     • Supplies them to distributors or employers within the USA

     ((See WAC 296-62-054 for requirements dealing with Manufacturers, Importer and Distributors - Hazard Communication.))

     Insulated

     A conductor has been completely covered by a material that is recognized as electrical insulation and is thick enough based on:

     • The amount of voltage involved

     AND

     • The type of covering material

     Interim waiver

     An order granted by the department allowing an employer to vary from WISHA requirements until the department decides to grant a permanent or temporary waiver.

     Irritant