PERMANENT RULES
LABOR AND INDUSTRIES
Date of Adoption: April 20, 2004.
Purpose: Chapter 296-802 WAC, Access to records; chapter 296-37 WAC, Safety standards for diving operations; chapter 296-62 WAC, General occupational health standards; chapter 296-155 WAC, Safety standards for construction workers; chapter 296-305 WAC, Safety standards for fire fighters; and chapter 296-800 WAC, Safety and health core rules. The department rewrote the requirements relating to access to records for clarity and ease of use. This proposal will move access to records requirements from chapter 296-62 WAC, General occupational health standards, to new chapter 296-802 WAC, Access to records.
Citation of Existing Rules Affected by this Order: Amending WAC 296-37-575 Recordkeeping requirements, 296-62-07314 Medical surveillance, 296-62-07329 Vinyl chloride, 296-62-07336 Acrylonitrite, 296-62-07342 1, 2-Dibromo 3, Chloropropane, 296-62-07375 Recordkeeping, 296-62-07427 Recordkeeping, 296-62-07460 Butadiene, 296-62-07470 Methylene chloride, 296-62-07521 Lead, 296-62-07540 Formaldehyde, 296-62-07631 Recordkeeping, 296-62-07727 Recordkeeping, 296-62-09041 Recordkeeping, 296-62-14533 Cotton dust, 296-62-20023 Recordkeeping, 296-62-40019 Recordkeeping, 296-155-17331 Recordkeeping, 296-155-174 Cadmium, 296-305-02501 Emergency medical protection, 296-800-17005 Develop, implement, maintain and make available a written chemical hazard communication program and 296-800-180 Material safety data sheets as exposure records; and repealing WAC 296-62-052 Access to employee exposure and medical records, 296-62-05201 Purpose, 296-62-05203 Scope and application, 296-62-05205 Definitions, 296-62-05207 Preservation of records, 296-62-05209 Access to records, 296-62-05213 Employee information, 296-62-05215 Transfer of records, 296-62-05217 Appendices, 296-62-05219 Effective date, 296-62-05221 Appendix A -- Sample authorization letter for the release of employee medical record information to a designated representative, and 296-62-05223 Appendix B -- Availability of NIOSH registry of toxic effects of chemical substances (RTECS).
Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060.
Adopted under notice filed as WSR 03-23-101 on November 18, 2003.
Changes Other than Editing from Proposed to Adopted Version: As a result of written and oral comments received, the following sections are being changed as indicated below:
CHANGES TO THE RULES (Proposed rule versus rule actually adopted):
Chapter 296-802 WAC, Access to records.
WAC 296-802-20010 Keep employee exposure records.
| • | Added a note to the section to clarify that exposure to substances that were purchased and used as consumer products was exempt from this section. |
| • | Revised wording to give options of how the record of the identity of toxic substances could be kept. |
| • | Added a bullet to the note to clarify that designated representatives must have written authorization from employees. |
| • | Rewrote note to clarify information. |
| • | Added bullet for clarification. |
| • | Corrected errors in information in the table. |
| • | Corrected definition of trade secrets. |
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 17, Amended 25, Repealed 12.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 17, Amended 25, Repealed 12.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 17,
Amended 25,
Repealed 12.
Effective Date of Rule:
August 1, 2004.
April 27, 2004
Paul Trause
Director
OTS-6742.4
EMPLOYEE MEDICAL AND EXPOSURE RECORDS
This chapter applies to:
• All employers who make, maintain, contract for, or have access to records relating to employee exposure to toxic substances or harmful physical agents, whether or not they are required by specific occupational safety and health rules. These records include:
– Employee medical records.
– Employee exposure records.
– Analyses of employee medical or exposure records.
IMPORTANT:
• The requirements of this chapter do not affect any other legal and ethical obligations the employer has to keep employee medical information confidential.
| Exemption: | Agricultural operations covered by chapter 296-307 WAC, Safety standards for agriculture, are exempt from the requirements of this chapter. |
| Reference: | • Requirements for material safety data sheets are found in WAC 296-800-180, Material safety data sheets (MSDSs) as exposure records. |
| • Additional information about accessing medical information can be found in chapter 70.02 RCW, Medical record -- Health care information access and disclosure. |
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Your responsibility:
To keep employee medical records, exposure records, and analyses.
IMPORTANT:
• Physicians or other health care personnel may keep medical records for you.
• You may keep information in any form as long as the information is retrievable.
• Unless a specific occupational safety and health rule provides a different time period, you must keep records for the period required by this chapter.
You must:
Keep employee medical records
Keep employee exposure records
Keep analyses of medical or exposure records
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You must:
• Keep medical records for at least as long as the employee works for you plus thirty years.
| Exemption: | • If an employee works for you for less than one year and you provide the records to them when they leave employment, you do not have to keep their medical records. |
| • You do not need to keep the following records for any specific period: |
| – Health insurance claims records maintained separately from your medical program and records. |
| – Records of first-aid treatment, if made on-site by a nonphysician and if kept separately from the employee medical record. |
• Keep chest X-ray films in their original state, such as film or electronic image.
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IMPORTANT:
You do not need to keep employee exposure records for exposure to toxic substances when they are:
• Purchased as a consumer product;
AND
• Used in the same manner and frequency that a consumer would use them.
You must:
• Keep employee exposure records for at least thirty years from the date the exposure record was made. These records include the following:
– The sampling results.
– The collection methodology (sampling plan).
– A description of the analytical and mathematical methods used.
– Background data to environmental monitoring or measuring, such as laboratory reports and work sheets.
| Note: | You do not have to keep the actual background data for more than one year if you keep a summary of the data for thirty years. |
Keep a record, for at least thirty years, of the identity of any toxic substance used in your workplace. Include:
• Where the substance was used.
• When the substance was used.
| Note: | The identity may be retained either as part of the exposure record or as a separate record. |
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You must:
• Keep each analysis using medical or exposure records for at least thirty years.
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Summary:
Your responsibility:
To inform current employees about their medical and exposure records.
You must:
Inform current employees about their medical and exposure records
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You must:
• Inform employees covered by this rule about medical and exposure records when they first start employment, and then at least annually. Include the following information:
– Where the records are located.
– Who is responsible for the records.
– Who to contact for access to the records.
– Their rights to copy the records.
• Make copies of this rule available upon request to employees.
• Distribute to your employees any information about this chapter that you are given by the department.
| Note: | Some of the ways to inform employees that you have medical and exposure records include e-mail, letters, posters, or classroom training. |
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Summary:
Your Responsibility:
To provide employees access to records and analyses.
IMPORTANT:
• Employees or their designated representatives can use the collective bargaining process to gain access to records beyond what is required by this chapter.
• The requirements of this section apply to both current and former employees.
You must:
Provide access to employee medical records, exposure records, and analyses
Provide employee medical records
Provide employee exposure records
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You must:
• Provide employees and their designated representatives access to requested records and analyses as follows:
– In a reasonable time, place, and manner.
– Within fifteen working days.
&sqbul; If there is a delay, inform the requesting party of the reason and the earliest date the record will be made available.
| Exemption: | You do not have to provide analyses that are currently being worked on or have not been reported to you. |
• Provide a copy of the record, when requested, to the employee or designated representative without cost. This may be done by one of the following methods:
– Make a copy for the requestor.
– Make the record and a copier available.
– Loan the record to the employee or designated representative for a reasonable time, so a copy can be made.
| Note: | • Access to employee medical records will be provided to designated representatives only when the employee provides specific written authorization. See WAC 296-802-40010. |
| • To locate or identify the records being requested, you may request, from employees or their designated representatives, only known and necessary information. For example, you may request dates and location of where the employee worked during the time period in question. | |
| • You are not required to perform an analysis of medical or exposure records at the request of an employee or designated representative. | |
| • When there is an original X ray you may restrict access to an on-site examination or make other arrangements for a temporary loan. | |
| • When a record has been provided without cost to an employee or designated representative, and they request additional copies, you may charge a reasonable, nondiscriminatory administrative cost. For example, you may charge search and copying expenses but not overhead expenses. | |
| – A reasonable fee for copying, as defined in chapter 70.02 RCW, should not exceed sixty-five cents per page for the first thirty pages and fifteen cents per page for all additional pages. In addition, a clerical fee for searching and handling may be charged not to exceed fifteen dollars. |
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You must:
• Make sure employees have access, upon request, to their own medical records.
| Note: | • A physician, nurse, or other responsible health care professional who maintains employee medical records may delete from requested medical records the identity of individuals who provided confidential information regarding an employee's health status. |
| • If a physician represents you and believes that providing an employee access to their specific diagnosis of a terminal illness or psychiatric condition could harm the employee, they may request that the record be released only to a designated representative having specific written authorization. | |
| • The physician representing you may recommend that the employee or designated representative do one of the following: | |
| – Consult with the physician to review and discuss requested records. | |
| – Accept a summary of facts and opinions instead of requested records. | |
| – Accept the release of requested records only to another physician or designated representative. |
• Make sure that individual employees are not identified in any portion of analyses that report the contents of employee medical records.
– Identifying information includes both direct identifiers such as name, address, Social Security number, and payroll number, and other information that could reasonably be used in the circumstances to identify individual employees such as exact age, height, or weight.
| Note: | If it is not feasible to remove personal identifying information from a document, you do not have to provide the portions where personal identifiers cannot be moved. |
• Provide designated representatives access to employee medical records when the employee provides specific written authorization.
– If the written authorization does not contain an expiration date, it expires ninety days after it is signed.
– Release only medical information that exists on the date of the written employee consent, unless the consent specifically states that future information may be released.
| Note: | An employee may revoke the specific written authorization in writing at any time. |
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You must:
• Provide requested exposure records that show the type and amount of toxic substances or harmful physical agents to which the employee is or has been exposed, for an employee's current or transfer work assignment.
– In the absence of records specific to the employee, exposure records of other employees with the same job duties or related working conditions will be used to the extent necessary to respond to the request.
• Provide a designated representative, who does not have specific employee consent, access to employee exposure records only when a reasonable written request is made that includes the following:
– The records requested.
– The occupational health need for accessing these records.
| Note: | Trade secret information may be withheld from exposure records. See chapter 296-816 WAC, Protecting trade secrets, for more information. |
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IMPORTANT:
This section describes how WISHA accesses employee medical records and your related rights and obligations.
Your responsibility:
To post written WISHA access orders.
You must:
Respond to WISHA access orders for employee medical records
Content of WISHA written access orders
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You must:
• Promptly respond to a written access order you receive from WISHA for personally identifiable employee medical information.
• Post a copy of the cover letter you receive from WISHA for fifteen working days where employees can easily review it.
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• The identity of employees whose medical information is being requested.
– This may be either by name, job classification, time clock number, department, or similar identifier.
• A description of the medical information that will be examined.
• The purpose for seeking access to this medical information.
– Any additional evidence supporting access to the medical information.
• A step-by-step description of how the records will be obtained, copied, reviewed, and stored, specifying the following:
– Who will be in charge of on-site review of the records, or who will take possession of the records for off-site review.
– Where the records will be reviewed.
– When review or receipt of the records is to take place.
– If the records are to be reviewed on-site, what type of information will be copied and removed off-site.
• How personal identifiers will be separated from the medical information and how long this information will be kept.
• The principal WISHA investigator's full name, business address and telephone number.
• The full names and titles of all individuals that will review the records.
• The WISHA industrial hygiene program manager's full name, business address and telephone number.
| Note: | WISHA does not need a written access order for the following types of employee medical records: |
| • Medical records and analyses that do not contain personal identification information. | |
| • Examination of records to verify compliance with the medical surveillance requirements of another occupational health and safety rule. | |
| • The following records when required by another occupational health and safety rule: | |
| – Medical opinions. | |
| – Biological monitoring results. | |
| – Results of medical examinations and laboratory tests. |
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Your responsibility:
To transfer or dispose of employee medical and exposure records when you go out of business.
You must:
Transfer or dispose of employee medical and exposure records when you go out of business
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You must:
• Follow the requirements in Table 1 when transferring or disposing of records.
| If | Then | |
| Another employer continues the business when you go out of business | Transfer all employee records to that employer | |
| No other employer continues the business when you go out of business | Do the following: | |
| – Notify affected current employees of their rights of access to records at least three months prior to the termination of your business | ||
| AND EITHER: | ||
| – Notify WISHA in writing of your impending decision to dispose of records at least three months prior to your planned disposal; | ||
| OR | ||
| – Transfer the records to WISHA, if required by a specific WISHA safety and health rule | ||
| You intend to dispose of | • Do the following: | |
| records after the retention
period has expired
|
– Notify WISHA in writing of your impending decision to dispose of records at least three months prior to your planned disposal; | |
| three months before your first disposal, with the | OR | |
| schedule of your planned disposals for the year | – Transfer the records to WISHA, if required by a specific WISHA safety and health rule | |
| Note: | The address to notify WISHA in writing is: |
| Department of Labor & Industries/WISHA Services | |
| Attention: Medical Records | |
| P.O. Box 44610 | |
| Olympia, WA 98504-4610 |
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Access
The right and opportunity to examine and copy an employee record.
Analysis using exposure or medical records
• Any collection of data or a statistical study based on either:
– Information from individual employee exposure or medical records;
OR
– Information collected from health insurance claim records.
Designated representative
• Any individual or organization to which an employee gives written authorization.
• A recognized or certified collective bargaining agent without regard to written employee authorization.
• The legal representative of a deceased or legally incapacitated employee.
Employee exposure record
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 (such as the level of a chemical in the blood, urine, breath, hair, or fingernails) 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 that reveals where and when used and the identity (e.g., chemical, common or trade name) of a toxic substance or harmful physical agent.
– Exposure records of other employees with past or present job duties or related working conditions.
Employee medical record
A record concerning the health status of an employee which is made or maintained by a physician, nurse, or other health care personnel, or technician, including:
• Medical and employment questionnaires or histories (including job description and occupational exposures).
• The results of medical examinations (preemployment, preassignment, periodic, or episodic) and laboratory tests (including chest and other X-ray examinations taken for purposes of establishing a baseline or detecting occupational illness, and all biological monitoring not defined as an "employee exposure record").
• Medical opinions, diagnoses, progress notes, and recommendations.
• First-aid records.
• Descriptions of treatments and prescriptions.
• Employee medical complaints.
An employee medical record does not include any of these types of medical information:
• Physical specimens (for example, blood or urine samples), which are routinely discarded as a part of normal medical practice.
• Records concerning health insurance claims if maintained separately from the employer's medical program and its records, and not accessible to the employer by employee name or other direct personal identifier, such as Social Security number or payroll number.
• Records created solely in preparation for litigation that are privileged from discovery under applicable rules of procedure or evidence.
• Records concerning voluntary employee assistance programs, such as alcohol, drug abuse, or personal counseling programs, if maintained separately from the employer's medical program and records.
Exposure or exposed
The contact an employee has with a toxic substance, harmful physical agent or oxygen deficient condition. Exposure can occur through various routes, such as inhalation, ingestion, skin contact, or skin absorption.
First aid
Any of the following are considered first aid:
• Using a nonprescription medication at nonprescription strength.
• Administering tetanus immunizations. Other immunizations, such as Hepatitis B vaccine or rabies vaccine, are considered medical treatment.
• Cleaning, flushing or soaking wounds on the surface of the skin.
• Using wound coverings such as bandages, Band-Aids™, or gauze pads.
• Using butterfly bandages or Steri-Strips™.
• Using hot or cold therapy.
• Using any nonrigid means of support, such as elastic bandages, wraps, or nonrigid back belts.
• Using temporary immobilization devices, such as splints, slings, neck collars, or back boards, while transporting an accident victim.
• Drilling a fingernail or toenail to relieve pressure.
• Draining fluid from a blister.
• Using eye patches.
• Removing foreign bodies from the eye using only irrigation or a cotton swab.
• Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means.
• Using finger guards.
• Using massages.
• Drinking fluids for relief of heat stress.
Harmful physical agent
Any physical stress such as noise, vibration, repetitive motion, heat, cold, ionizing and nonionizing radiation, and hypo- or hyperbaric pressure which:
• Is listed in the latest edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS);
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.
Health professional
A physician, occupational health nurse, industrial hygienist, toxicologist, or epidemiologist, who provides medical or other occupational health services to exposed employees.
Record
Any item, collection, or grouping of information. Examples include:
• Paper document.
• Microfiche.
• Microfilm.
• X-ray film.
• Computer record.
Specific chemical identity
Any other information that reveals the precise chemical designation of the substance, such as:
• Chemical name;
OR
• Chemical abstracts service (CAS) registry number.
Specific written authorization
A written authorization containing at least the following:
• The name and signature of the employee authorizing the release of medical information.
• The date of the written authorization.
• The name of the individual or organization that is authorized to release the medical information.
• The name of the designated representative (individual or organization) that is authorized to receive the information.
• A general description of the medical information that is authorized to be released.
• A general description of the purpose for the release of the medical information.
• A date or condition upon which the written authorization will expire.
Toxic substance
Any chemical substance or biological agent, such as bacteria, virus, and fungus, which is any of the following:
• Listed in the latest edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS).
• Shows positive evidence of an acute or chronic health hazard in testing conducted by, or known to, the employer.
• The subject of a material safety data sheet kept by or known to the employer showing the material may pose a hazard to human health.
Trade secrets
Any confidential information that is used in an employer's business and gives an opportunity to gain an advantage over competitors who do not know or use it. It can be a:
• Formula.
• Pattern.
• Process.
• Device.
• Information.
• Collection of information.
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OTS-6792.1
AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03,
effective 11/1/03)
WAC 296-800-17005
Develop, implement, maintain, and make
available a written Chemical Hazard Communication Program.
You must:
• Develop, implement, maintain, and make available a written Chemical Hazard Communication Program 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 employee work areas.
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 (( |
| • 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, 49.17.050, and 49.17.060. 03-18-090, § 296-800-17005, filed 9/2/03, effective 11/1/03. 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.]
This rule supplements the chemical hazard communication rule by extending access to MSDSs, or their alternative, after employment and after the hazardous chemical is no longer used in the workplace. Your responsibility:
To preserve and provide access to material safety data sheets (MSDSs) or their alternative as exposure records.
You must:
Preserve exposure records for at least 30 years.
Inform current employees of exposure records.
Provide access to exposure records.
Transfer records when ceasing to do business.
| Note: | • (( |
| • This rule applies to every employer who maintains, makes, contracts for, or has access to MSDSs for chemicals used in their workplace. | |
| • The specific identity of a toxic substance may be withheld from a disclosable record if it is a verifiable trade
secret. For trade secret requirements see (( |
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-23-060, § 296-800-180, filed 11/20/01, effective 12/1/01; 01-11-038, § 296-800-180, filed 5/9/01, effective 9/1/01.]
OTS-6791.1
AMENDATORY SECTION(Amending WSR 03-09-110, filed 4/22/03,
effective 8/1/03)
WAC 296-305-02501
Emergency medical protection.
(1)
Fire fighters who perform emergency medical care or otherwise
may be exposed to blood or other body fluids shall be provided
with emergency medical face protection devices, and emergency
medical garments that meet the applicable requirements of
NAPA, Standard on Protective Clothing for Emergency Medical
Operations 1999, 1992 edition.
| Note: | Prior to purchase, fire departments should request the technical data package required in NAPA 1999, 1992 edition, in order to compare glove and garment performance data. Departments reviewing these packages should ensure a relative ranking of the performance data before they purchase in order to provide the best performance of the EMS personal protective clothing. |
(3) Fire fighters shall don emergency medical garments and emergency medical face protection devises prior to any patient care during which splashes of body fluids can occur such as situations involving spurting blood or childbirth.
| Note: | Fire fighter turnout gear and gloves with vapor barriers may be used in lieu of emergency medical gloves and garments. |
(5) Fire departments shall establish a designated infection (exposure) control officer who shall ensure that an adequate infection control plan is developed and all personnel are trained and supervised on the plan.
(6) The infection control officer shall be responsible for establishing personnel exposure protocols so that a process for dealing with exposures is in writing and available to all personnel.
(7) The infection control officer or his/her designee
will function as a liaison between area hospitals and fire
department members to provide notification that a communicable
disease exposure is suspected or has been determined by
hospital medical personnel. The department infection control
officer will institute the established exposure protocols
immediately after report of an exposure. The infection
control officer shall follow the confidentiality requirements
of chapter 246-100 WAC and the medical protocol requirements
of ((WAC 296-62-05209)) chapter 296-802 WAC.
(8) Fire departments shall have a written infection (exposure) control plan which clearly explains the intent, benefits, and purpose of the plan. The written document must cover the standards of exposure control such as establishing the infection control officer and all members affected; education and training; HB. vaccination requirements; documentation and record keeping; cleaning/disinfection of personnel and equipment; and exposure protocols.
(9) Policy statements and standard operating procedure guidelines shall provide general guidance and specific regulation of daily activities. Procedures shall include delegation of specific roles and responsibilities, such as regulation of infection control, as well as procedural guidelines for all required tasks and functions.
(10) Fire departments shall establish a records system for members health and training.
(11) Fire fighters shall be trained in the proper use of P.E., exposure protection, post exposure protocols, disease modes of transmission as it related to infectious diseases.
(12) Infectious disease programs shall have a process for monitoring fire fighters compliance with established guidelines and a means for correcting noncompliance.
(13) Fire department members shall be required to annually review the infectious disease plan, updates, protocols, and equipment used in the program.
(14) Fire departments shall comply with chapter 296-823 WAC, Occupational exposure to bloodborne pathogens, in its entirety.
(15) Tuberculosis (TB) exposure and respiratory protection requirements.
(a) Fire fighters shall wear a particulate respirator (PR) when entering areas occupied by individuals with suspected or confirmed TB, when performing high risk procedures on such individuals or when transporting individuals with suspected or confirmed TB in a closed vehicle.
(b) A NOSH-approved, 95% efficient particulate air respirator is the minimum acceptable level of respiratory protection.
(i) Fit tests are required.
(ii) Fit tests shall be done in accordance with chapter 296-62 WAC, Part E.
Note 1:
Emergency-response personnel should be routinely screened for tuberculosis at regular intervals. The
tuberculin skin test is the only method currently available that demonstrates infection with
Mycobacterium tuberculosis (M. tuberculosis) in the absence of active tuberculosis.
Note 2:
If possible, the rear windows of a vehicle transporting patients with confirmed, suspected, or active
tuberculosis should be kept open, and the heater or air conditioner set on a noncirculating cycle.
Additional References:
Chapter 296-823 WAC, Occupational exposure to bloodborne pathogens.
WAC 296-62-08001(3), Exposure Control.
[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. 03-09-110, § 296-305-02501, filed 4/22/03, effective 8/1/03. Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, § 296-305-02501, filed 5/4/99, effective 9/1/99. Statutory Authority: RCW 49.17.010, [49.17].050 and [49.17].060. 96-11-067, § 296-305-02501, filed 5/10/96, effective 1/1/97.]
OTS-6790.1
AMENDATORY SECTION(Amending Order 92-15, filed 2/3/93,
effective 3/15/93)
WAC 296-155-17331
Recordkeeping.
(1) Objective data for
exempted operations.
(a) Where the employer has relied on objective data that demonstrate that products made from or containing MDA are not capable of releasing MDA or do not present a dermal exposure problem under the expected conditions of processing, use, or handling to exempt such operations from the initial monitoring requirements under WAC 296-155-17311(2), the employer shall establish and maintain an accurate record of objective data reasonably relied upon in support of the exemption.
(b) The record shall include at least the following information:
(i) The product qualifying for exemption;
(ii) The source of the objective data;
(iii) The testing protocol, results of testing, and/or analysis of the material for the release of MDA;
(iv) A description of the operation exempted and how the data support the exemption; and
(v) Other data relevant to the operations, materials, processing, or employee exposures covered by the exemption.
(c) The employer shall maintain this record for the duration of the employer's reliance upon such objective data.
(2) Historical monitoring data.
(a) Where the employer has relied on historical monitoring data that demonstrate that exposures on a particular job will be below the action level to exempt such operations from the initial monitoring requirements under WAC 296-155-17311(2), the employer shall establish and maintain an accurate record of historical monitoring data reasonably relied upon in support of the exception.
(b) The record shall include information that reflect the following conditions:
(i) The data upon which judgments are based are scientifically sound and were collected using methods that are sufficiently accurate and precise;
(ii) The processes and work practices that were in use when the historical monitoring data were obtained are essentially the same as those to be used during the job for which initial monitoring will not be performed;
(iii) The characteristics of the MDA-containing material being handled when the historical monitoring data were obtained are the same as those on the job for which initial monitoring will not be performed;
(iv) Environmental conditions prevailing when the historical monitoring data were obtained are the same as those on the job for which initial monitoring will not be performed; and
(v) Other data relevant to the operations, materials, processing, or employee exposures covered by the exception.
(c) The employer shall maintain this record for the duration of the employer's reliance upon such historical monitoring data.
(3) The employer may utilize the services of competent organizations such as industry trade associations and employee associations to maintain the records required by this section.
(4) Exposure measurements.
(a) The employer shall keep an accurate record of all measurements taken to monitor employee exposure to MDA.
(b) This record shall include at least the following information:
(i) The date of measurement;
(ii) The operation involving exposure to MDA;
(iii) Sampling and analytical methods used and evidence of their accuracy;
(iv) Number, duration, and results of samples taken;
(v) Type of protective devices worn, if any; and
(vi) Name, Social Security number, and exposure of the employees whose exposures are represented.
(c) The employer shall maintain this record for at least thirty years in accordance with chapter 296-62 WAC, Part B.
(5) Medical surveillance.
(a) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance by WAC 296-155-17327 in accordance with chapter 296-62 WAC, Part B.
(b) The record shall include at least the following information:
(i) The name and Social Security number of the employee;
(ii) A copy of the employee's medical examination results, including the medical history, questionnaire responses, results of any tests, and physician's recommendations;
(iii) Physician's written opinions;
(iv) Any employee medical complaints related to exposure to MDA; and
(v) A copy of the information provided to the physician as required by WAC 296-155-17327.
(c) The employer shall ensure that this record is maintained for the duration of employment plus thirty years in accordance with chapter 296-62 WAC, Part B.
(d) A copy of the employee's medical removal and return to work status.
(6) Training records. The employer shall maintain all employee training records for one year beyond the last date of employment.
(7) Availability.
(a) The employer, upon written request, shall make all records required to be maintained by this section available to the assistant secretary and the director for examination and copying.
(b) The employer, upon request, shall make any exposure
records required by WAC 296-155-17311 and 296-155-17327
available for examination and copying to affected employees,
former employees, designated representatives, and the
director, in accordance with ((WAC 296-62-05201 through
296-62-05209 and 296-62-05213 through 296-62-05223)) chapter 296-802 WAC.
(c) The employer, upon request, shall make employee
medical records required by WAC 296-155-17327 and this section
available for examination and copying to the subject employee,
anyone having the specific written consent of the subject
employee, and the director in accordance with chapter
((296-62)) 296-802 WAC((, Part B)).
(8) Transfer of records.
(a) The employer shall comply with the requirements
concerning transfer of records set forth in ((WAC 296-62-05215)) chapter 296-802 WAC.
(b) Whenever 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 notify the director at least 90 days prior to disposal and, upon request, transmit them to the director.
[Statutory Authority: Chapter 49.17 RCW. 93-04-111 (Order 92-15), § 296-155-17331, filed 2/3/93, effective 3/15/93.]
(a) Wrecking, demolition, or salvage of structures where cadmium or materials containing cadmium are present;
(b) Use of cadmium containing-paints and cutting, brazing, burning, grinding, or welding on surfaces that were painted with cadmium-containing paints;
(c) Construction, alteration, repair, maintenance, or renovation of structures, substrates, or portions thereof, that contain cadmium, or materials containing cadmium;
(d) Cadmium welding; cutting and welding cadmium-plated steel; brazing or welding with cadmium alloys;
(e) Installation of products containing cadmium;
(f) Electrical grounding with cadmium-welding, or electrical work using cadmium-coated conduit;
(g) Maintaining or retrofitting cadmium-coated equipment;
(h) Cadmium contamination/emergency cleanup; and
(i) Transportation, disposal, storage, or containment of cadmium or materials containing cadmium on the site or location at which construction activities are performed.
(2) Definitions.
(a) Action level (AL) is defined as an airborne concentration of cadmium of 2.5 micrograms per cubic meter of air (2.5 µg/m3), calculated as an 8-hour time-weighted average (TWA).
(b) Authorized person means any person authorized by the employer and required by work duties to be present in regulated areas or any person authorized by WISHA or regulations issued under it to be in regulated areas.
(c) Competent person, in accordance with WAC 296-155-012(4), means a person designated by the employer to act on the employer's behalf who is capable of identifying existing and potential cadmium hazards in the workplace and the proper methods to control them in order to protect workers, and has the authority necessary to take prompt corrective measures to eliminate or control such hazards. The duties of a competent person include at least the following: Determining prior to the performance of work whether cadmium is present in the workplace; establishing, where necessary, regulated areas and assuring that access to and from those areas is limited to authorized employees; assuring the adequacy of any employee exposure monitoring required by this standard; assuring that all employees exposed to air cadmium levels above the PEL wear appropriate personal protective equipment and are trained in the use of appropriate methods of exposure control; assuring that proper hygiene facilities are provided and that workers are trained to use those facilities; and assuring that the engineering controls required by this standard are implemented, maintained in proper operating condition, and functioning properly.
(d) Director means the director of the department of labor and industries or authorized representative.
(e) Employee exposure and similar language referring to the air cadmium level to which an employee is exposed means the exposure to airborne cadmium that would occur if the employee were not using respiratory protective equipment.
(f) Final medical determination is the written medical opinion of the employee's health status by the examining physician under subsection (12)(c) through (l) of this section or, if multiple physician review under subsection (12)(m) of this section or the alternative physician determination under subsection (12)(n) of this section is invoked, it is the final, written medical finding, recommendation or determination that emerges from that process.
(g) High-efficiency particulate air (HEPA) filter means a filter capable of trapping and retaining at least 99.97 percent of mono-dispersed particles of 0.3 micrometers in diameter.
(h) Regulated area means an area demarcated by the employer where an employee's exposure to airborne concentrations of cadmium exceeds, or can reasonably be expected to exceed the permissible exposure limit (PEL).
(i) This section means this cadmium standard.
(3) Permissible exposure limit (PEL). The employer shall assure that no employee is exposed to an airborne concentration of cadmium in excess of five micrograms per cubic meter of air (5 µg/m3), calculated as an 8-hour time-weighted average exposure (TWA).
(4) Exposure monitoring
(a) General.
(i) Prior to the performance of any construction work where employees may be potentially exposed to cadmium, the employer shall establish the applicability of this standard by determining whether cadmium is present in the workplace and whether there is the possibility that employee exposures will be at or above the action level. The employer shall designate a competent person who shall make this determination. Investigation and material testing techniques shall be used, as appropriate, in the determination. Investigation shall include a review of relevant plans, past reports, material safety data sheets, and other available records, and consultations with the property owner and discussions with appropriate individuals and agencies.
(ii) Where cadmium has been determined to be present in the workplace, and it has been determined that there is a possibility the employee's exposure will be at or above the action level, the competent person shall identify employees potentially exposed to cadmium at or above the action level.
(iii) Determinations of employee exposure shall be made from breathing-zone air samples that reflect the monitored employee's regular, daily 8-hour TWA exposure to cadmium.
(iv) Eight-hour TWA exposures shall be determined for each employee on the basis of one or more personal breathing-zone air samples reflecting full shift exposure on each shift, for each job classification, in each work area. Where several employees perform the same job tasks, in the same job classification, on the same shift, in the same work area, and the length, duration, and level of cadmium exposures are similar, an employer may sample a representative fraction of the employees instead of all employees in order to meet this requirement. In representative sampling, the employer shall sample the employee(s) expected to have the highest cadmium exposures.
(b) Specific.
(i) Initial monitoring. Except as provided for in (b)(iii) of this subsection, where a determination conducted under (a)(i) of this subsection shows the possibility of employee exposure to cadmium at or above the action level, the employer shall conduct exposure monitoring as soon as practicable that is representative of the exposure for each employee in the workplace who is or may be exposed to cadmium at or above the action level.
(ii) In addition, if the employee periodically performs tasks that may expose the employee to a higher concentration of airborne cadmium, the employee shall be monitored while performing those tasks.
(iii) Where the employer has objective data, as defined in subsection (14)(b) of this section, demonstrating that employee exposure to cadmium will not exceed airborne concentrations at or above the action level under the expected conditions of processing, use, or handling, the employer may rely upon such data instead of implementing initial monitoring.
(iv) Where a determination conducted under (a) or (b) of this subsection is made that a potentially exposed employee is not exposed to airborne concentrations of cadmium at or above the action level, the employer shall make a written record of such determination. The record shall include at least the monitoring data developed under (b)(i) through (iii) of this subsection, where applicable, and shall also include the date of determination, and the name and Social Security number of each employee.
(c) Monitoring frequency (periodic monitoring).
(i) If the initial monitoring or periodic monitoring reveals employee exposures to be at or above the action level, the employer shall monitor at a frequency and pattern needed to assure that the monitoring results reflect with reasonable accuracy the employee's typical exposure levels, given the variability in the tasks performed, work practices, and environmental conditions on the job site, and to assure the adequacy of respiratory selection and the effectiveness of engineering and work practice controls.
(ii) If the initial monitoring or the periodic monitoring indicates that employee exposures are below the action level and that result is confirmed by the results of another monitoring taken at least seven days later, the employer may discontinue the monitoring for those employees whose exposures are represented by such monitoring.
(d) Additional monitoring. The employer also shall institute the exposure monitoring required under (b)(i) and (c) of this subsection whenever there has been a change in the raw materials, equipment, personnel, work practices, or finished products that may result in additional employees being exposed to cadmium at or above the action level or in employees already exposed to cadmium at or above the action level being exposed above the PEL, or whenever the employer or competent person has any reason to suspect that any other change might result in such further exposure.
(e) Employee notification of monitoring results.
(i) No later than five working days after the receipt of the results of any monitoring performed under this section, the employer shall notify each affected employee individually in writing of the results. In addition, within the same time period, the employer shall post the results of the exposure monitoring in an appropriate location that is accessible to all affected employees.
(ii) Wherever monitoring results indicate that employee exposure exceeds the PEL, the employer shall include in the written notice a statement that the PEL has been exceeded and a description of the corrective action being taken by the employer to reduce employee exposure to or below the PEL.
(f) Accuracy of measurement. The employer shall use a method of monitoring and analysis that has an accuracy of not less than plus or minus 25 percent (± 25%), with a confidence level of 95 percent, for airborne concentrations of cadmium at or above the action level and the permissible exposure limit.
(5) Regulated areas.
(a) Establishment. The employer shall establish a regulated area wherever an employee's exposure to airborne concentrations of cadmium is, or can reasonably be expected to be in excess of the permissible exposure limit (PEL).
(b) Demarcation. Regulated areas shall be demarcated from the rest of the workplace in any manner that adequately establishes and alerts employees of the boundaries of the regulated area, including employees who are or may be incidentally in the regulated areas, and that protects persons outside the area from exposure to airborne concentrations of cadmium in excess of the PEL.
(c) Access. Access to regulated areas shall be limited to authorized persons.
(d) Provision of respirators. Each person entering a regulated area shall be supplied with and required to use a respirator, selected in accordance with subsection (7)(b) of this section.
(e) Prohibited activities. The employer shall assure that employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in regulated areas, or carry the products associated with any of these activities into regulated areas or store such products in those areas.
(6) Methods of compliance.
(a) Compliance hierarchy.
(i) Except as specified in (a)(ii) of this subsection, the employer shall implement engineering and work practice controls to reduce and maintain employee exposure to cadmium at or below the PEL, except to the extent that the employer can demonstrate that such controls are not feasible.
(ii) The requirement to implement engineering controls to achieve the PEL does not apply where the employer demonstrates the following:
(A) The employee is only intermittently exposed; and
(B) The employee is not exposed above the PEL on 30 or more days per year (12 consecutive months).
(iii) Wherever engineering and work practice controls are not sufficient to reduce employee exposure to or below the PEL, the employer nonetheless shall implement such controls to reduce exposures to the lowest levels achievable. The employer shall supplement such controls with respiratory protection that complies with the requirements of subsection (7) of this section and the PEL.
(iv) The employer shall not use employee rotation as a method of compliance.
(b) Specific operations.
(i) Abrasive blasting. Abrasive blasting on cadmium or cadmium-containing materials shall be conducted in a manner that will provide adequate protection.
(ii) Heating cadmium and cadmium-containing materials. Welding, cutting, and other forms of heating of cadmium or cadmium-containing materials shall be conducted in accordance with the requirements of WAC 296-155-415 and 296-155-420, where applicable.
(c) Prohibitions.
(i) High speed abrasive disc saws and similar abrasive power equipment shall not be used for work on cadmium or cadmium-containing materials unless they are equipped with appropriate engineering controls to minimize emissions, if the exposure levels are above the PEL.
(ii) Materials containing cadmium shall not be applied by spray methods, if exposures are above the PEL, unless employees are protected with supplied-air respirators with full facepiece, hood, helmet, suit, operated in positive pressure mode and measures are instituted to limit overspray and prevent contamination of adjacent areas.
(d) Mechanical ventilation.
(i) When ventilation is used to control exposure, measurements that demonstrate the effectiveness of the system in controlling exposure, such as capture velocity, duct velocity, or static pressure shall be made as necessary to maintain its effectiveness.
(ii) Measurements of the system's effectiveness in controlling exposure shall be made as necessary within five working days of any change in production, process, or control that might result in a significant increase in employee exposure to cadmium.
(iii) Recirculation of air. If air from exhaust ventilation is recirculated into the workplace, the system shall have a high efficiency filter and be monitored to assure effectiveness.
(iv) Procedures shall be developed and implemented to minimize employee exposure to cadmium when maintenance of ventilation systems and changing of filters is being conducted.
(e) Compliance program.
(i) Where employee exposure to cadmium exceeds the PEL and the employer is required under (a) of this subsection to implement controls to comply with the PEL, prior to the commencement of the job the employer shall establish and implement a written compliance program to reduce employee exposure to or below the PEL. To the extent that engineering and work practice controls cannot reduce exposures to or below the PEL, the employer shall include in the written compliance program the use of appropriate respiratory protection to achieve compliance with the PEL.
(ii) Written compliance programs shall be reviewed and updated as often and as promptly as necessary to reflect significant changes in the employer's compliance status or significant changes in the lowest air cadmium level that is technologically feasible.
(iii) A competent person shall review the comprehensive compliance program initially and after each change.
(iv) Written compliance programs shall be provided upon request for examination and copying to the director, or authorized representatives, affected employees, and designated employee representatives.
(7) Respirator protection.
(a) General. For employees who use respirators required by this section, the employer must provide respirators that comply with the requirements of this section. Respirators must be used during:
(i) Periods necessary to install or implement feasible engineering and work-practice controls when employee exposures exceed the PEL.
(ii) Maintenance and repair activities, and brief or intermittent operations, for which employee exposures exceed the PEL and engineering and work-practice controls are not feasible or are not required.
(iii) Work operations in regulated areas specified in subsection (5) of this section.
(iv) Work operations for which the employer has implemented all feasible engineering and work-practice controls, and such controls are not sufficient to reduce exposures to or below the PEL.
(v) Emergencies.
(vi) Work operations for which an employee, who is exposed to cadmium at or above the action level, requests a respirator.
(vii) Work operations for which engineering controls are not required under (a)(ii) of this subsection to reduce employee exposures that exceed the PEL.
(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 (12)(f)(ii) of this section to determine if the employee can use a respirator while performing the required duties.
(iii) No employees must use a respirator when, based on their recent medical examination, the examining physician determines that the employee will be unable to continue to function normally while using a respirator. If the physician determines the employee must be limited in, or removed from, their current job because of the employee's inability to use a respirator, the job limitation or removal must be conducted as required by (k) and (l) of this subsection.
(c) Respirator selection.
(i) The employer must select the appropriate respirator from Table 1 of this section.
| Airborne concentration or condition of use a | Required respirator typeb |
| 10 x or less | A half-mask, air-purifying respirator equipped with a HEPAc filter.d |
| 25 x or less | A powered air-purifying respirator ("PAPR") with a loose-fitting hood or helmet equipped with a HEPA filter, or a supplied-air respirator with a loose-fitting hood or helmet facepiece operated in the continuous flow mode. |
| 50 x or less | A full facepiece air-purifying respirator equipped with a HEPA filter, or a powered air-purifying respirator with a tight-fitting half-mask equipped with a HEPA filter, or a supplied air respirator with a tight-fitting half-mask operated in the continuous flow mode. |
| 250 x or less | A powered air-purifying respirator with a tight-fitting full facepiece equipped with a HEPA filter, or a supplied-air respirator with a tight-fitting full facepiece operated in the continuous flow mode. |
| 1000 x or less | A supplied-air respirator with half-mask or full facepiece operated in the pressure demand or other positive pressure mode. |
| >1000 x or unknown concentrations |
A self-contained breathing apparatus with a full facepiece operated in the pressure demand or other positive pressure mode, or a supplied-air respirator with a full facepiece operated in the pressure demand or other positive pressure mode and equipped with an auxiliary escape type self-contained breathing apparatus operated in the pressure demand mode. |
| Fire fighting | A self-contained breathing apparatus with full facepiece operated in the pressure demand or other positive pressure mode. |
| Note: | aConcentrations expressed as multiple of the PEL. |
| b | Respirators assigned for higher environmental concentrations may be used at lower exposure levels. Quantitative fit testing is required for all tight-fitting air purifying respirators where airborne concentration of cadmium exceeds 10 times the TWA PEL (10 x 5 µg/m3 = 50 µg/m3). A full facepiece respirator is required when eye irritation is experienced. |
| c | HEPA means High Efficiency Particulate Air. |
| d | Fit testing, qualitative or quantitative, is required. |
| Source: Respiratory Decision Logic, NIOSH, 1987. |
(8) Emergency situations. The employer shall develop and implement a written plan for dealing with emergency situations involving substantial releases of airborne cadmium. The plan shall include provisions for the use of appropriate respirators and personal protective equipment. In addition, employees not essential to correcting the emergency situation shall be restricted from the area and normal operations halted in that area until the emergency is abated.
(9) Protective work clothing and equipment
(a) Provision and use. If an employee is exposed to airborne cadmium above the PEL or where skin or eye irritation is associated with cadmium exposure at any level, the employer shall provide at no cost to the employee, and assure that the employee uses, appropriate protective work clothing and equipment that prevents contamination of the employee and the employee's garments. Protective work clothing and equipment includes, but is not limited to:
(i) Coveralls or similar full-body work clothing;
(ii) Gloves, head coverings, and boots or foot coverings; and
(iii) Face shields, vented goggles, or other appropriate protective equipment that complies with WAC 296-155-215.
(b) Removal and storage.
(i) The employer shall assure that employees remove all protective clothing and equipment contaminated with cadmium at the completion of the work shift and do so only in change rooms provided in accordance with subsection (10)(a) of this section.
(ii) The employer shall assure that no employee takes cadmium-contaminated protective clothing or equipment from the workplace, except for employees authorized to do so for purposes of laundering, cleaning, maintaining, or disposing of cadmium-contaminated protective clothing and equipment at an appropriate location or facility away from the workplace.
(iii) The employer shall assure that contaminated protective clothing and equipment, when removed for laundering, cleaning, maintenance, or disposal, is placed and stored in sealed, impermeable bags or other closed, impermeable containers that are designed to prevent dispersion of cadmium dust.
(iv) The employer shall assure that containers of contaminated protective clothing and equipment that are to be taken out of the change rooms or the workplace for laundering, cleaning, maintenance or disposal shall bear labels in accordance with subsection (13)(c) of this section.
(c) Cleaning, replacement, and disposal.
(i) The employer shall provide the protective clothing and equipment required by (a) of this subsection in a clean and dry condition as often as necessary to maintain its effectiveness, but in any event at least weekly. The employer is responsible for cleaning and laundering the protective clothing and equipment required by this subsection to maintain its effectiveness and is also responsible for disposing of such clothing and equipment.
(ii) The employer also is responsible for repairing or replacing required protective clothing and equipment as needed to maintain its effectiveness. When rips or tears are detected while an employee is working they shall be immediately mended, or the worksuit shall be immediately replaced.
(iii) The employer shall prohibit the removal of cadmium from protective clothing and equipment by blowing, shaking, or any other means that disperses cadmium into the air.
(iv) The employer shall assure that any laundering of contaminated clothing or cleaning of contaminated equipment in the workplace is done in a manner that prevents the release of airborne cadmium in excess of the permissible exposure limit prescribed in subsection (3) of this section.
(v) The employer shall inform any person who launders or cleans protective clothing or equipment contaminated with cadmium of the potentially harmful effects of exposure to cadmium, and that the clothing and equipment should be laundered or cleaned in a manner to effectively prevent the release of airborne cadmium in excess of the PEL.
(10) Hygiene areas and practices.
(a) General. For employees whose airborne exposure to cadmium is above the PEL, the employer shall provide clean change rooms, handwashing facilities, showers, and lunchroom facilities that comply with WAC 296-155-140.
(b) 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.
(c) Showers and handwashing facilities.
(i) The employer shall assure that employees whose airborne exposure to cadmium is above the PEL shower during the end of the work shift.
(ii) The employer shall assure that employees who are exposed to cadmium above the PEL wash their hands and faces prior to eating, drinking, smoking, chewing tobacco or gum, or applying cosmetics.
(d) Lunchroom facilities.
(i) 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 µg/m3.
(ii) 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.
(11) Housekeeping.
(a) All surfaces shall be maintained as free as practicable of accumulations of cadmium.
(b) All spills and sudden releases of material containing cadmium shall be cleaned up as soon as possible.
(c) Surfaces contaminated with cadmium shall, wherever possible, be cleaned by vacuuming or other methods that minimize the likelihood of cadmium becoming airborne.
(d) HEPA-filtered vacuuming equipment or equally effective filtration methods shall be used for vacuuming. The equipment shall be used and emptied in a manner that minimizes the reentry of cadmium into the workplace.
(e) Shoveling, dry or wet sweeping, and brushing may be used only where vacuuming or other methods that minimize the likelihood of cadmium becoming airborne have been tried and found not to be effective.
(f) Compressed air shall not be used to remove cadmium from any surface unless the compressed air is used in conjunction with a ventilation system designed to capture the dust cloud created by the compressed air.
(g) Waste, scrap, debris, bags, containers, personal protective equipment, and clothing contaminated with cadmium and consigned for disposal shall be collected and disposed of in sealed impermeable bags or other closed, impermeable containers. These bags and containers shall be labeled in accordance with subsection (13)(b) of this section.
(12) Medical surveillance.
(a) General.
(i) Scope.
(A) Currently exposed -- The employer shall institute a medical surveillance program for all employees who are or may be exposed at or above the action level and all employees who perform the following tasks, operations, or jobs: Electrical grounding with cadmium-welding; cutting, brazing, burning, grinding, or welding on surfaces that were painted with cadmium-containing paints; electrical work using cadmium-coated conduit; use of cadmium containing paints; cutting and welding cadmium-plated steel; brazing or welding with cadmium alloys; fusing of reinforced steel by cadmium welding; maintaining or retrofitting cadmium-coated equipment; and, wrecking and demolition where cadmium is present. A medical surveillance program will not be required if the employer demonstrates that the employee:
(I) Is not currently exposed by the employer to airborne concentrations of cadmium at or above the action level on 30 or more days per year (twelve consecutive months); and
(II) Is not currently exposed by the employer in those tasks on 30 or more days per year (twelve consecutive months).
(B) Previously exposed -- The employer shall also institute a medical surveillance program for all employees who might previously have been exposed to cadmium by the employer prior to the effective date of this section in tasks specified under (a)(i)(A) of this subsection, unless the employer demonstrates that the employee did not in the years prior to the effective date of this section work in those tasks for the employer with exposure to cadmium for an aggregated total of more than 12 months.
(ii) To determine an employee's fitness for using a respirator, the employer shall provide the limited medical examination specified in (f) of this subsection.
(iii) The employer shall assure that all medical examinations and procedures required by this section are performed by or under the supervision of a licensed physician, who has read and is familiar with the health effects WAC 296-62-07441, Appendix A, the regulatory text of this section, the protocol for sample handling and lab selection in WAC 296-62-07451, Appendix F, and the questionnaire of WAC 296-62-07447, Appendix D.
(iv) The employer shall provide the medical surveillance required by this section, including multiple physician review under (m) of this subsection without cost to employees, and at a time and place that is reasonable and convenient to employees.
(v) The employer shall assure that the collecting and handling of biological samples of cadmium in urine (CdU), cadmium in blood (CdB), and beta-2 microglobulin in urine (B2-M) taken from employees under this section is done in a manner that assures their reliability and that analysis of biological samples of cadmium in urine (CdU), cadmium in blood (CdB), and beta-2 microglobulin in urine (B2-M) taken from employees under this section is performed in laboratories with demonstrated proficiency to perform the particular analysis. (See WAC 296-62-07451, Appendix F.)
(b) Initial examination.
(i) For employees covered by medical surveillance under (a)(i) of this subsection, the employer shall provide an initial medical examination. The examination shall be provided to those employees within 30 days after initial assignment to a job with exposure to cadmium or no later than 90 days after the effective date of this section, whichever date is later.
(ii) The initial medical examination shall include:
(A) A detailed medical and work history, with emphasis on: Past, present, and anticipated future exposure to cadmium; any history of renal, cardiovascular, respiratory, hematopoietic, reproductive, and/or musculo-skeletal system dysfunction; current usage of medication with potential nephrotoxic side-effects; and smoking history and current status; and
(B) Biological monitoring that includes the following tests:
(I) Cadmium in urine (CdU), standardized to grams of creatinine (g/Cr);
(II) Beta-2 microglobulin in urine (B2-M), standardized to grams of creatinine (g/Cr), with pH specified, as described in WAC 296-62-07451, Appendix F; and
(III) Cadmium in blood (CdB), standardized to liters of whole blood (lwb).
(iii) Recent examination: An initial examination is not required to be provided if adequate records show that the employee has been examined in accordance with the requirements of (b)(ii) of this subsection within the past 12 months. In that case, such records shall be maintained as part of the employee's medical record and the prior exam shall be treated as if it were an initial examination for the purposes of (c) and (d) of this subsection.
(c) Actions triggered by initial biological monitoring.
(i) If the results of the biological monitoring tests in the initial examination show the employee's CdU level to be at or below 3 µg/g Cr, B2-M level to be at or below 300 µg/g Cr and CdB level to be at or below 5 µg/lwb, then:
(A) For employees who are subject to medical surveillance under (a)(i)(A) of this subsection because of current or anticipated exposure to cadmium, the employer shall provide the minimum level of periodic medical surveillance in accordance with the requirements in (d)(i) of this subsection; and
(B) For employees who are subject to medical surveillance under (a)(i)(B) of this subsection because of prior but not current exposure, the employer shall provide biological monitoring for CdU, B2-M, and CdB one year after the initial biological monitoring and then the employer shall comply with the requirements of (d)(vi) of this subsection.
(ii) For all employees who are subject to medical surveillance under (a)(i) of this subsection, if the results of the initial biological monitoring tests show the level of CdU to exceed 3 µg/g Cr, the level of B2-M to be in excess of 300 µg/g Cr, or the level of CdB to be in excess of 5 µg/lwb, the employer shall:
(A) Within two weeks after receipt of biological monitoring results, reassess the employee's occupational exposure to cadmium as follows:
(I) Reassess the employee's work practices and personal hygiene;
(II) Reevaluate the employee's respirator use, if any, and the respirator program;
(III) Review the hygiene facilities;
(IV) Reevaluate the maintenance and effectiveness of the relevant engineering controls;
(V) Assess the employee's smoking history and status;
(B) Within 30 days after the exposure reassessment, specified in (c)(ii)(A) of this subsection, take reasonable steps to correct any deficiencies found in the reassessment that may be responsible for the employee's excess exposure to cadmium; and
(C) Within 90 days after receipt of biological monitoring results, provide a full medical examination to the employee in accordance with the requirements of (d)(ii) of this subsection. After completing the medical examination, the examining physician shall determine in a written medical opinion whether to medically remove the employee. If the physician determines that medical removal is not necessary, then until the employee's CdU level falls to or below 3 µg/g Cr, B2-M level falls to or below 300 µg/g Cr and CdB level falls to or below 5 µg/lwb, the employer shall:
(I) Provide biological monitoring in accordance with (b)(ii)(B) of this subsection on a semiannual basis; and
(II) Provide annual medical examinations in accordance with (d)(ii) of this subsection.
(iii) For all employees who are subject to medical surveillance under (a)(i) of this subsection, if the results of the initial biological monitoring tests show the level of CdU to be in excess of 15 µg/g Cr, or the level of CdB to be in excess of 15 µg/lwb, or the level of B2-M to be in excess of 1,500 µg/g Cr, the employer shall comply with the requirements of (c)(ii)(A) and (B) of this subsection. Within 90 days after receipt of biological monitoring results, the employer shall provide a full medical examination to the employee in accordance with the requirements of (d)(ii) of this subsection. After completing the medical examination, the examining physician shall determine in a written medical opinion whether to medically remove the employee. However, if the initial biological monitoring results and the biological monitoring results obtained during the medical examination both show that: CdU exceeds 15 µg/g Cr; or CdB exceeds 15 µg/lwb; or B2-M exceeds 1500 µ/g Cr, and in addition CdU exceeds 3 µg/g Cr or CdB exceeds 5 µg/liter of whole blood, then the physician shall medically remove the employee from exposure to cadmium at or above the action level. If the second set of biological monitoring results obtained during the medical examination does not show that a mandatory removal trigger level has been exceeded, then the employee is not required to be removed by the mandatory provisions of this section. If the employee is not required to be removed by the mandatory provisions of this section or by the physician's determination, then until the employee's CdU level falls to or below 3 µg/g Cr, B2-M level falls to or below 300 µg/g Cr and CdB level falls to or below 5 µg/lwb, the employer shall:
(A) Periodically reassess the employee's occupational exposure to cadmium;
(B) Provide biological monitoring in accordance with (b)(ii)(B) of this subsection on a quarterly basis; and
(C) Provide semiannual medical examinations in accordance with (d)(ii) of this subsection.
(iv) For all employees to whom medical surveillance is provided, beginning on January 1, 1999, and in lieu of (c)(iii) of this subsection, whenever the results of initial biological monitoring tests show the employee's CdU level to be in excess of 7 µg/g Cr, or B2-M level to be in excess of 750 µg/g Cr, or CdB level to be in excess of 10 µg/lwb, the employer shall comply with the requirements of (c)(ii)(A) and (B) of this subsection. Within 90 days after receipt of biological monitoring results, the employer shall provide a full medical examination to the employee in accordance with the requirements of (d)(ii) of this subsection. After completing the medical examination, the examining physician shall determine in a written medical opinion whether to medically remove the employee. However, if the initial biological monitoring results and the biological monitoring results obtained during the medical examination both show that: CdU exceeds 7 µg/g Cr; or CdB exceeds 10 µg/lwb; or B2-M exceeds 750 µg/g Cr, and in addition CdU exceeds 3 µg/g Cr or CdB exceeds 5 µg/liter of whole blood, then the physician shall medically remove the employee from exposure to cadmium at or above the action level. If the second set of biological monitoring results obtained during the medical examination does not show that a mandatory removal trigger level has been exceeded, then the employee is not required to be removed by the mandatory provisions of this section. If the employee is not required to be removed by the mandatory provisions of this section or by the physician's determination, then until the employee's CdU level falls to or below 3 µg/g Cr, B2-M level falls to or below 300 µg/g Cr and CdB level falls to or below 5 µg/lwb, the employer shall:
(A) Periodically reassess the employee's occupational exposure to cadmium;
(B) Provide biological monitoring in accordance with (b)(ii)(B) of this subsection on a quarterly basis; and
(C) Provide semiannual medical examinations in accordance with (d)(ii) of this subsection.
(d) Periodic medical surveillance.
(i) For each employee who is covered by medical surveillance under (a)(i)(A) of this subsection because of current or anticipated exposure to cadmium, the employer shall provide at least the minimum level of periodic medical surveillance, which consists of periodic medical examinations and periodic biological monitoring. A periodic medical examination shall be provided within one year after the initial examination required by (b) of this subsection and thereafter at least biennially. Biological sampling shall be provided at least annually either as part of a periodic medical examination or separately as periodic biological monitoring.
(ii) The periodic medical examination shall include:
(A) A detailed medical and work history, or update thereof, with emphasis on: Past, present, and anticipated future exposure to cadmium; smoking history and current status; reproductive history; current use of medications with potential nephrotoxic side-effects; any history of renal, cardiovascular, respiratory, hematopoietic, and/or musculo-skeletal system dysfunction; and as part of the medical and work history, for employees who wear respirators, questions 3 through 11 and 25 through 32 in WAC 296-62-07447, Appendix D;
(B) A complete physical examination with emphasis on: Blood pressure, the respiratory system, and the urinary system;
(C) A 14 inch by 17 inch, or a reasonably standard sized posterior-anterior chest X ray (after the initial X ray, the frequency of chest X rays is to be determined by the examining physician);
(D) Pulmonary function tests, including forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV1);
(E) Biological monitoring, as required in (b)(ii)(B) of this subsection;
(F) Blood analysis, in addition to the analysis required under (b)(ii)(B) of this subsection, including blood urea nitrogen, complete blood count, and serum creatinine;
(G) Urinalysis, in addition to the analysis required under (b)(ii)(B) of this subsection, including the determination of albumin, glucose, and total and low molecular weight proteins;
(H) For males over 40 years old, prostate palpation, or other at least as effective diagnostic test(s); and
(I) Any additional tests or procedures deemed appropriate by the examining physician.
(iii) Periodic biological monitoring shall be provided in accordance with (b)(ii)(B) of this subsection.
(iv) If the results of periodic biological monitoring or the results of biological monitoring performed as part of the periodic medical examination show the level of the employee's CdU, B2-M, or CdB to be in excess of the levels specified in (c)(ii) and (iii) of this subsection; or, beginning on January 1, 1999, in excess of the levels specified in (c)(ii) or (iv) of this subsection, the employer shall take the appropriate actions specified in (c)(ii) through (iv) of this subsection, respectively.
(v) For previously exposed employees under (a)(i)(B) of this subsection:
(A) If the employee's levels of CdU did not exceed 3 µg/g Cr, CdB did not exceed 5 µg/lwb, and B2-M did not exceed 300 µg/g Cr in the initial biological monitoring tests, and if the results of the follow-up biological monitoring required by (c)(i)(B) of this subsection one year after the initial examination confirm the previous results, the employer may discontinue all periodic medical surveillance for that employee.
(B) If the initial biological monitoring results for CdU, CdB, or B2-M were in excess of the levels specified in (c)(i) of this subsection, but subsequent biological monitoring results required by (c)(ii) through (iv) of this subsection show that the employee's CdU levels no longer exceed 3 µg/g Cr, CdB levels no longer exceed 5 µg/lwb, and B2-M levels no longer exceed 300 µg/g Cr, the employer shall provide biological monitoring for CdU, CdB, and B2-M one year after these most recent biological monitoring results. If the results of the follow-up biological monitoring specified in this section, confirm the previous results, the employer may discontinue all periodic medical surveillance for that employee.
(C) However, if the results of the follow-up tests specified in (d)(v)(A) or (B) of this subsection indicate that the level of the employee's CdU, B2-M, or CdB exceeds these same levels, the employer is required to provide annual medical examinations in accordance with the provisions of (d)(ii) of this subsection until the results of biological monitoring are consistently below these levels or the examining physician determines in a written medical opinion that further medical surveillance is not required to protect the employee's health.
(vi) A routine, biennial medical examination is not required to be provided in accordance with (c)(i) and (d) of this subsection if adequate medical records show that the employee has been examined in accordance with the requirements of (d)(ii) of this subsection within the past 12 months. In that case, such records shall be maintained by the employer as part of the employee's medical record, and the next routine, periodic medical examination shall be made available to the employee within two years of the previous examination.
(e) Actions triggered by medical examinations. If the results of a medical examination carried out in accordance with this section indicate any laboratory or clinical finding consistent with cadmium toxicity that does not require employer action under (b), (c), or (d) of this subsection, the employer shall take the following steps and continue to take them until the physician determines that they are no longer necessary.
(i) Periodically reassess: The employee's work practices and personal hygiene; the employee's respirator use, if any; the employee's smoking history and status; the respiratory protection program; the hygiene facilities; the maintenance and effectiveness of the relevant engineering controls; and take all reasonable steps to correct the deficiencies found in the reassessment that may be responsible for the employee's excess exposure to cadmium.
(ii) Provide semiannual medical reexaminations to evaluate the abnormal clinical sign(s) of cadmium toxicity until the results are normal or the employee is medically removed; and
(iii) Where the results of tests for total proteins in urine are abnormal, provide a more detailed medical evaluation of the toxic effects of cadmium on the employee's renal system.
(f) Examination for respirator use.
(i) To determine an employee's fitness for respirator use, the employer shall provide a medical examination that includes the elements specified in (f)(i)(A) through (D) of this subsection. This examination shall be provided prior to the employee's being assigned to a job that requires the use of a respirator or no later than 90 days after this section goes into effect, whichever date is later, to any employee without a medical examination within the preceding 12 months that satisfies the requirements of this section.
(A) A detailed medical and work history, or update thereof, with emphasis on: Past exposure to cadmium; smoking history and current status; any history of renal, cardiovascular, respiratory, hematopoietic, and/or musculo-skeletal system dysfunction; a description of the job for which the respirator is required; and questions 3 through 11 and 25 through 32 in WAC 296-62-07447, Appendix D;
(B) A blood pressure test;
(C) Biological monitoring of the employee's levels of CdU, CdB and B2-M in accordance with the requirements of (b)(ii)(B) of this subsection, unless such results already have been obtained within the twelve months; and
(D) Any other test or procedure that the examining physician deems appropriate.
(ii) After reviewing all the information obtained from the medical examination required in (f)(i) of this subsection, the physician shall determine whether the employee is fit to wear a respirator.
(iii) Whenever an employee has exhibited difficulty in breathing during a respirator fit test or during use of a respirator, the employer, as soon as possible, shall provide the employee with a periodic medical examination in accordance with (d)(ii) of this subsection to determine the employee's fitness to wear a respirator.
(iv) Where the results of the examination required under (f)(i), (ii), or (iii) of this subsection are abnormal, medical limitation or prohibition of respirator use shall be considered. If the employee is allowed to wear a respirator, the employee's ability to continue to do so shall be periodically evaluated by a physician.
(g) Emergency examinations.
(i) In addition to the medical surveillance required in (b) through (f) of this subsection, the employer shall provide a medical examination as soon as possible to any employee who may have been acutely exposed to cadmium because of an emergency.
(ii) The examination shall include the requirements of (d)(ii), of this subsection, with emphasis on the respiratory system, other organ systems considered appropriate by the examining physician, and symptoms of acute overexposure, as identified in Appendix A, WAC 296-62-07441 (2)(b)(i) and (ii) and (4).
(h) Termination of employment examination.
(i) At termination of employment, the employer shall provide a medical examination in accordance with (d)(ii) of this subsection, including a chest X ray where necessary, to any employee to whom at any prior time the employer was required to provide medical surveillance under (a)(i) or (g) of this subsection. However, if the last examination satisfied the requirements of (d)(ii) of this subsection and was less than six months prior to the date of termination, no further examination is required unless otherwise specified in (c) or (e) of this subsection;
(ii) In addition, if the employer has discontinued all periodic medical surveillance under (d)(v) of this subsection, no termination of employment medical examination is required.
(i) Information provided to the physician. The employer shall provide the following information to the examining physician:
(i) A copy of this standard and appendices;
(ii) A description of the affected employee's former, current, and anticipated duties as they relate to the employee's occupational exposure to cadmium;
(iii) The employee's former, current, and anticipated future levels of occupational exposure to cadmium;
(iv) A description of any personal protective equipment, including respirators, used or to be used by the employee, including when and for how long the employee has used that equipment; and
(v) Relevant results of previous biological monitoring and medical examinations.
(j) Physician's written medical opinion.
(i) The employer shall promptly obtain a written, signed, medical opinion from the examining physician for each medical examination performed on each employee. This written opinion shall contain:
(A) The physician's diagnosis for the employee;
(B) The physician's opinion as to whether the employee has any detected medical condition(s) that would place the employee at increased risk of material impairment to health from further exposure to cadmium, including any indications of potential cadmium toxicity;
(C) The results of any biological or other testing or related evaluations that directly assess the employee's absorption of cadmium;
(D) Any recommended removal from, or limitation on the activities or duties of the employee or on the employee's use of personal protective equipment, such as respirators;
(E) A statement that the physician has clearly and carefully explained to the employee the results of the medical examination, including all biological monitoring results and any medical conditions related to cadmium exposure that require further evaluation or treatment, and any limitation on the employee's diet or use of medications.
(ii) The employer shall promptly obtain a copy of the results of any biological monitoring provided by an employer to an employee independently of a medical examination under (b) and (d) of this subsection, and, in lieu of a written medical opinion, an explanation sheet explaining those results.
(iii) The employer shall instruct the physician not to reveal orally or in the written medical opinion given to the employer specific findings or diagnoses unrelated to occupational exposure to cadmium.
(k) Medical removal protection (MRP).
(i) General.
(A) The employer shall temporarily remove an employee from work where there is excess exposure to cadmium on each occasion that medical removal is required under (c), (d), or (f) of this subsection and on each occasion that a physician determines in a written medical opinion that the employee should be removed from such exposure. The physician's determination may be based on biological monitoring results, inability to wear a respirator, evidence of illness, other signs or symptoms of cadmium-related dysfunction or disease, or any other reason deemed medically sufficient by the physician.
(B) The employer shall medically remove an employee in accordance with (k) of this subsection regardless of whether at the time of removal a job is available into which the removed employee may be transferred.
(C) Whenever an employee is medically removed under (k) of this subsection, the employer shall transfer the removed employee to a job where the exposure to cadmium is within the permissible levels specified in subsection (12) of this section as soon as one becomes available.
(D) For any employee who is medically removed under the provisions of (k)(i) of this subsection, the employer shall provide follow-up medical examinations semiannually until, in a written medical opinion, the examining physician determines that either the employee may be returned to his/her former job status or the employee must be permanently removed from excess cadmium exposure.
(E) The employer may not return an employee who has been medically removed for any reason to his/her former job status until a physician determines in a written medical opinion that continued medical removal is no longer necessary to protect the employee's health.
(ii) Where an employee is found unfit to wear a respirator under (f)(ii) of this subsection, the employer shall remove the employee from work where exposure to cadmium is above the PEL.
(iii) Where removal is based upon any reason other than the employee's inability to wear a respirator, the employer shall remove the employee from work where exposure to cadmium is at or above the action level.
(iv) Except as specified in (k)(v) of this subsection, no employee who was removed because his/her level of CdU, CdB and/or B2-M exceeded the trigger levels in (c) or (d) of this subsection may be returned to work with exposure to cadmium at or above the action level until the employee's levels of CdU fall to or below 3 µg/g Cr, CdB fall to or below 5 µg/lwb, and B2-M fall to or below 300 µg/g Cr.
(v) However, when in the examining physician's opinion continued exposure to cadmium will not pose an increased risk to the employee's health and there are special circumstances that make continued medical removal an inappropriate remedy, the physician shall fully discuss these matters with the employee, and then in a written determination may return a worker to his/her former job status despite what would otherwise be unacceptably high biological monitoring results. Thereafter and until such time as the employee's biological monitoring results have decreased to levels where he/she could have been returned to his/her former job status, the returned employee shall continue medical surveillance as if he/she were still on medical removal. Until such time, the employee is no longer subject to mandatory medical removal. Subsequent questions regarding the employee's medical removal shall be decided solely by a final medical determination.
(vi) Where an employer, although not required by this section to do so, removes an employee from exposure to cadmium or otherwise places limitations on an employee due to the effects of cadmium exposure on the employee's medical condition, the employer shall provide the same medical removal protection benefits to that employee under (l) of this subsection as would have been provided had the removal been required under (k) of this subsection.
(l) Medical removal protection benefits.
(i) The employer shall provide medical removal protection benefits to an employee for up to a maximum of 18 months each time, and while the employee is temporarily medically removed under (k) of this subsection.
(ii) For purposes of this section, the requirement that the employer provide medical removal protection benefits means that the employer shall maintain the total normal earnings, seniority, and all other employee rights and benefits of the removed employee, including the employee's right to his/her former job status, as if the employee had not been removed from the employee's job or otherwise medically limited.
(iii) Where, after 18 months on medical removal because of elevated biological monitoring results, the employee's monitoring results have not declined to a low enough level to permit the employee to be returned to his/her former job status:
(A) The employer shall make available to the employee a medical examination pursuant to this section in order to obtain a final medical determination as to whether the employee may be returned to his/her former job status or must be permanently removed from excess cadmium exposure; and
(B) The employer shall assure that the final medical determination indicates whether the employee may be returned to his/her former job status and what steps, if any, should be taken to protect the employee's health.
(iv) The employer may condition the provision of medical removal protection benefits upon the employee's participation in medical surveillance provided in accordance with this section.
(m) Multiple physician review.
(i) If the employer selects the initial physician to conduct any medical examination or consultation provided to an employee under this section, the employee may designate a second physician to:
(A) Review any findings, determinations, or recommendations of the initial physician; and
(B) Conduct such examinations, consultations, and laboratory tests as the second physician deems necessary to facilitate this review.
(ii) The employer shall promptly notify an employee of the right to seek a second medical opinion after each occasion that an initial physician provided by the employer conducts a medical examination or consultation pursuant to this section. The employer may condition its participation in, and payment for, multiple physician review upon the employee doing the following within fifteen (15) days after receipt of this notice, or receipt of the initial physician's written opinion, whichever is later:
(A) Informing the employer that he or she intends to seek a medical opinion; and
(B) Initiating steps to make an appointment with a second physician.
(iii) 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.
(iv) 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 to:
(A) Review any findings, determinations, or recommendations of the other two physicians; and
(B) Conduct such examinations, consultations, laboratory tests, and discussions with the other two physicians as the third physician deems necessary to resolve the disagreement among them.
(v) The employer shall act consistently with the findings, determinations, and recommendations of the third physician, unless the employer and the employee reach an agreement that is consistent with the recommendations of at least one of the other two physicians.
(n) Alternate physician determination. The employer and an employee or designated employee representative may agree upon the use of any alternate form of physician determination in lieu of the multiple physician review provided by (m) of this subsection, so long as the alternative is expeditious and at least as protective of the employee.
(o) Information the employer must provide the employee.
(i) The employer shall provide a copy of the physician's written medical opinion to the examined employee within five working days after receipt thereof.
(ii) The employer shall provide the employee with a copy of the employee's biological monitoring results and an explanation sheet explaining the results within five working days after receipt thereof.
(iii) Within 30 days after a request by an employee, the employer shall provide the employee with the information the employer is required to provide the examining physician under (i) of this subsection.
(p) Reporting. In addition to other medical events that are required to be reported on the OSHA Form No. 200, the employer shall report any abnormal condition or disorder caused by occupational exposure to cadmium associated with employment as specified in Chapter (V)(E) of the Bureau of Labor Statistics Recordkeeping Guidelines for Occupational Injuries and Illnesses.
(13) Communication of cadmium hazards to employees
(a) General. In communications concerning cadmium hazards, employers shall comply with the requirements of WISHA's Hazard Communication Standard, chapter 296-62 WAC, Part C, including but not limited to the requirements concerning warning signs and labels, material safety data sheets (MSDS), and employee information and training. In addition, employers shall comply with the following requirements:
(b) Warning signs.
(i) Warning signs shall be provided and displayed in regulated areas. In addition, warning signs shall be posted at all approaches to regulated areas so that an employee may read the signs and take necessary protective steps before entering the area.
(ii) Warning signs required by (b)(i) of this subsection
shall bear the following information:
(c) Warning labels.
(i) Shipping and storage containers containing cadmium, cadmium compounds, or cadmium contaminated clothing, equipment, waste, scrap, or debris shall bear appropriate warning labels, as specified in (c)(ii) of this subsection.
(ii) The warning labels shall include at least the
following information:
(d) Employee information and training.
(i) The employer shall institute a training program for all employees who are potentially exposed to cadmium, assure employee participation in the program, and maintain a record of the contents of such program.
(ii) Training shall be provided prior to or at the time of initial assignment to a job involving potential exposure to cadmium and at least annually thereafter.
(iii) The employer shall make the training program understandable to the employee and shall assure that each employee is informed of the following:
(A) The health hazards associated with cadmium exposure, with special attention to the information incorporated in WAC 296-62-07441, Appendix A;
(B) The quantity, location, manner of use, release, and storage of cadmium in the workplace and the specific nature of operations that could result in exposure to cadmium, especially exposures above the PEL;
(C) The engineering controls and work practices associated with the employee's job assignment;
(D) The measures employees can take to protect themselves from exposure to cadmium, including modification of such habits as smoking and personal hygiene, and specific procedures the employer has implemented to protect employees from exposure to cadmium such as appropriate work practices, emergency procedures, and the provision of personal protective equipment;
(E) The purpose, proper selection, fitting, proper use, and limitations of respirators and protective clothing;
(F) The purpose and a description of the medical surveillance program required by subsection (12) of this section;
(G) The contents of this section and its appendices; and
(H) The employee's rights of access to records under chapter 296-62 WAC, Part B.
(iv) Additional access to information and training program and materials.
(A) The employer shall make a copy of this section and its appendices readily available to all affected employees and shall provide a copy without cost if requested.
(B) Upon request, the employer shall provide to the director or authorized representative, all materials relating to the employee information and the training program.
(e) Multiemployer workplace. In a multiemployer workplace, an employer who produces, uses, or stores cadmium in a manner that may expose employees of other employers to cadmium shall notify those employers of the potential hazard in accordance with WAC 296-800-170 of the chemical hazard communication program standard.
(14) Recordkeeping.
(a) Exposure monitoring.
(i) The employer shall establish and keep an accurate record of all air monitoring for cadmium in the workplace.
(ii) This record shall include at least the following information:
(A) The monitoring date, shift, duration, air volume, and results in terms of an 8-hour TWA of each sample taken, and if cadmium is not detected, the detection level;
(B) The name, Social Security number, and job classification of all employees monitored and of all other employees whose exposures the monitoring result is intended to represent, including, where applicable, a description of how it was determined that the employee's monitoring result could be taken to represent other employee's exposures;
(C) A description of the sampling and analytical methods used and evidence of their accuracy;
(D) The type of respiratory protective device, if any, worn by the monitored employee and by any other employee whose exposure the monitoring result is intended to represent;
(E) A notation of any other conditions that might have affected the monitoring results;
(F) Any exposure monitoring or objective data that were used and the levels.
(iii) The employer shall maintain this record for at
least thirty (30) years, in accordance with ((WAC 296-62-05207)) chapter 296-802 WAC.
(iv) The employer shall also provide a copy of the results of an employee's air monitoring prescribed in subsection (4) of this section to an industry trade association and to the employee's union, if any, or, if either of such associations or unions do not exist, to another comparable organization that is competent to maintain such records and is reasonably accessible to employers and employees in the industry.
(b) Objective data for exemption from requirement for initial monitoring.
(i) For purposes of this section, objective data are information demonstrating that a particular product or material containing cadmium or a specific process, operation, or activity involving cadmium cannot release dust or fumes in concentrations at or above the action level even under the worst-case release conditions. Objective data can be obtained from an industry-wide study or from laboratory product test results from manufacturers of cadmium-containing products or materials. The data the employer uses from an industry-wide survey must be obtained under workplace conditions closely resembling the processes, types of material, control methods, work practices, and environmental conditions in the employer's current operations.
(ii) The employer shall maintain the record for at least 30 years of the objective data relied upon.
(c) Medical surveillance.
(i) The employer shall establish and maintain an accurate record for each employee covered by medical surveillance under (a)(i) of this subsection.
(ii) The record shall include at least the following information about the employee:
(A) Name, Social Security number, and description of duties;
(B) A copy of the physician's written opinions and of the explanation sheets for biological monitoring results;
(C) A copy of the medical history, and the results of any physical examination and all test results that are required to be provided by this section, including biological tests, X rays, pulmonary function tests, etc., or that have been obtained to further evaluate any condition that might be related to cadmium exposure;
(D) The employee's medical symptoms that might be related to exposure to cadmium; and
(E) A copy of the information provided to the physician as required by subsection (12)(i) of this section.
(iii) The employer shall assure that this record is
maintained for the duration of employment plus thirty (30)
years, in accordance with ((WAC 296-62-05207)) chapter 296-802 WAC.
(iv) At the employee's request, the employer shall promptly provide a copy of the employee's medical record, or update as appropriate, to a medical doctor or a union specified by the employee.
(d) Training. The employer shall certify that employees have been trained by preparing a certification record which includes the identity of the person trained, the signature of the employer or the person who conducted the training, and the date the training was completed. The certification records shall be prepared at the completion of training and shall be maintained on file for one (1) year beyond the date of training of that employee.
(e) Availability.
(i) Except as otherwise provided for in this section,
access to all records required to be maintained by (a) through
(d) of this subsection shall be in accordance with the
provisions of ((WAC 296-62-052)) chapter 296-802 WAC.
(ii) Within 15 days after a request, the employer shall make an employee's medical records required to be kept by (c) of this subsection available for examination and copying to the subject employee, to designated representatives, to anyone having the specific written consent of the subject employee, and after the employee's death or incapacitation, to the employee's family members.
(f) Transfer of records. Whenever an employer ceases to
do business and there is no successor employer or designated
organization to receive and retain records for the prescribed
period, the employer shall comply with the requirements
concerning transfer of records set forth in ((WAC 296-62-05215)) chapter 296-802 WAC.
(15) 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 cadmium.
(b) Observation procedures. When observation of monitoring requires entry into an area where the use of protective clothing or equipment is required, the employer shall provide the observer with that clothing and equipment and shall assure that the observer uses such clothing and equipment and complies with all other applicable safety and health procedures.
(16) Appendices.
(a) Compliance with the fit testing requirements in WAC 296-62-07201 through 296-62-07248, Appendices A-1, A-2 and A-3 of chapter 296-62 WAC, Part E, are mandatory.
(b) Except where portions of WAC 296-62-07441, 296-62-07443, 296-62-07447, 296-62-07449, and 296-62-07451, Appendices A, B, D, E, and F, respectively, to this section are expressly incorporated in requirements of this section, these appendices are purely informational and are not intended to create any additional obligations not otherwise imposed or to detract from any existing obligations.
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-155-174, filed 5/9/01, effective 9/1/01; 99-10-071, § 296-155-174, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), § 296-155-174, filed 7/20/94, effective 9/20/94; 93-21-075 (Order 93-06), § 296-155-174, filed 10/20/93, effective 12/1/93; 93-07-044 (Order 93-01), § 296-155-174, filed 3/13/93, effective 4/27/93.]
OTS-6784.1
AMENDATORY SECTION(Amending WSR 01-11-038, filed 5/9/01,
effective 9/1/01)
WAC 296-37-575
Recordkeeping requirements.
(1)
Recording and reporting.
(a) The employer shall comply with the requirements of chapters 296-27, 296-350, and 296-800 WAC.
(b) The employer shall record the occurrence of any diving-related injury or illness which requires any dive team member to be hospitalized for 24 hours or more, specifying the circumstances of the incident and the extent of any injuries or illnesses.
(2) Availability of records.
(a) Upon the request of the director of the department of labor and industries or his duly authorized designees, the employer shall make available for inspection and copying any record or document required by this standard.
(b) Records and documents required by this standard 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)) chapter 296-802 WAC. Safe practices
manuals (WAC 296-37-530), depth-time profiles (WAC 296-37-540), recording of dives (WAC 296-37-545),
decompression procedure assessment evaluations (WAC 296-37-545), and records of hospitalizations (WAC 296-37-575)
shall be provided in the same manner as employee exposure
records or analyses using exposure or medical records. Equipment inspections and testing records which pertain to
employees (WAC 296-37-570) shall also be provided upon request
to employees and their designated representatives.
(c) Records and documents required by this standard shall be retained by the employer for the following period:
(i) Dive team member medical records (physician's reports) (WAC 296-37-525) - five years;
(ii) Safe practices manual (WAC 296-37-530) - current document only;
(iii) Depth-time profile (WAC 296-37-540) - until completion of the recording of dive, or until completion of decompression procedure assessment where there has been an incident of decompression sickness;
(iv) Recording dive (WAC 296-37-545) one year, except five years where there has been an incident of decompression sickness;
(v) Decompression procedure assessment evaluations (WAC 296-37-545) - five years;
(vi) Equipment inspections and testing records (WAC 296-37-570) - current entry or tag, or until equipment is withdrawn from service;
(vii) Records of hospitalizations (WAC 296-37-575) - five years.
(d) After the expiration of the retention period of any
record required to be kept for five years, the employer shall
forward such records to the National Institute for
Occupational Safety and Health, Department of Health and Human
Services. The employer shall also comply with any additional
requirements set forth in ((WAC 296-62-05215)) chapter 296-802 WAC.
(e) In the event the employer ceases to do business:
(i) The successor employer shall receive and retain all dive and employee medical records required by this standard; or
(ii) If there is no successor employer, dive and employee medical records shall be forwarded to the National Institute for Occupational Safety and Health, Department of Health and Human Services.
[Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. 01-11-038, § 296-37-575, filed 5/9/01, effective 9/1/01. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), § 296-37-575, filed 7/20/94, effective 9/20/94. Statutory Authority: Chapter 49.17 RCW and RCW 49.17.040, [49.17].050 and [49.17].060. 92-22-067 (Order 92-06), § 296-37-575, filed 10/30/92, effective 12/8/92. Statutory Authority: RCW 49.17.040 and 49.17.050. 87-02-002 (Order 86-44), § 296-37-575, filed 12/26/86. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), § 296-37-575, filed 8/27/81. Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.240, and chapters 42.30 and 43.22 RCW. 78-10-094 (Order 78-18), § 296-37-575, filed 10/2/78.]
OTS-6761.1
REPEALER
The following sections of the Washington Administrative Code are repealed:
| WAC 296-62-052 | Access to employee exposure and medical records. |
| WAC 296-62-05201 | Purpose. |
| WAC 296-62-05203 | Scope and application. |
| WAC 296-62-05205 | Definitions. |
| WAC 296-62-05207 | Preservation of records. |
| WAC 296-62-05209 | Access to records. |
| WAC 296-62-05213 | Employee information. |
| WAC 296-62-05215 | Transfer of records. |
| WAC 296-62-05217 | Appendices. |
| WAC 296-62-05219 | Effective date. |
| WAC 296-62-05221 | Appendix A -- Sample authorization letter for the release of employee medical record information to a designated representative. |
| WAC 296-62-05223 | Appendix B -- Availability of NIOSH Registry of Toxic Effects of Chemical Substances (RTECS). |
OTS-6787.2
AMENDATORY SECTION(Amending WSR 02-12-098, filed 6/5/02,
effective 8/1/02)
WAC 296-62-07314
Medical surveillance.
(1) At no cost
to the employee, a program of medical surveillance must be
established and implemented for employees considered for
assignment to enter regulated areas, and for authorized
employees.
(2) Examinations.
(a) Before an employee is assigned to enter a regulated area, a preassignment physical examination by a physician must be provided and must include a personal history of the employee and/or his/her family and occupational background, including genetic and environmental factors.
(i) Taking of employees' medical history and background history must be considered to be a routine part of standard medical practice.
(ii) This provision does not require "genetic testing" of any employee.
(iii) This provision does not require the exclusion of otherwise qualified employees from jobs on the basis of genetic factors.
(b) Authorized employees must be provided periodic physical examination, not less often than annually, following the preassignment examination.
(c) In all physical examinations, the examining physician must be requested to consider whether there exist conditions of increased risk, including reduced immunological competence, pregnancy, cigarette smoking, and those undergoing treatment with steroids or cytotoxic agents.
(3) Records.
(a) Employers of employees examined pursuant to this subdivision must maintain complete and accurate records of all such medical examinations. Records must be maintained for the duration of the employee's employment. Upon termination of the employee's employment, including retirement or death, or in the event that the employer ceases business without a successor, records, or notarized true copies thereof, must be forwarded by registered mail to the director.
(b) Records required by this section must be provided
upon request to employees, designated representatives, and the
director in accordance with ((WAC 296-62-05201 through
296-62-05209 and 296-62-05213 through 296-62-05217)) chapter 296-802 WAC.
(c) Any employer who requests a physical examination of an employee or prospective employee as required by this section must obtain from the physician a statement of the employee's suitability for employment in the specific exposure.
[Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050. 02-12-098, § 296-62-07314, filed 6/5/02, effective 8/1/02. Statutory Authority: Chapter 49.17 RCW. 91-03-044 (Order 90-18), § 296-62-07314, filed 1/10/91, effective 2/12/91; 90-03-029 (Order 89-20), § 296-62-07314, filed 1/11/90, effective 2/26/90. Statutory Authority: RCW 49.17.040 and 49.17.050. 83-15-017 (Order 83-19), § 296-62-07314, filed 7/13/83, effective 9/12/83. 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), § 296-62-07314, filed 11/13/80.]
(a) This section includes requirements for the control of employee exposure to vinyl chloride (chloroethene), Chemical Abstracts Service Registry No. 75014.
(b) This section applies to the manufacture, reaction, packaging, repackaging, storage, handling or use of vinyl chloride or polyvinyl chloride, but does not apply to the handling or use of fabricated products made of polyvinyl chloride.
(c) This section applies to the transportation of vinyl chloride or polyvinyl chloride except to the extent that the department of transportation may regulate the hazards covered by this section.
(2) Definitions.
(a) "Action level" means a concentration of vinyl chloride of 0.5 ppm averaged over an 8-hour work day.
(b) "Authorized person" means any person specifically authorized by the employer whose duties require him/her to enter a regulated area or any person entering such an area as a designated representative of employees for the purpose of exercising an opportunity to observe monitoring and measuring procedures.
(c) "Director" means the director of department of labor and industries or his/her designated representative.
(d) "Emergency" means any occurrence such as, but not limited to, equipment failure, or operation of a relief device which is likely to, or does, result in massive release of vinyl chloride.
(e) "Fabricated product" means a product made wholly or partly from polyvinyl chloride, and which does not require further processing at temperatures, and for times, sufficient to cause mass melting of the polyvinyl chloride resulting in the release of vinyl chloride.
(f) "Hazardous operation" means any operation, procedure, or activity where a release of either vinyl chloride liquid or gas might be expected as a consequence of the operation or because of an accident in the operation, which would result in an employee exposure in excess of the permissible exposure limit.
(g) "Polyvinyl chloride" means polyvinyl chloride homopolymer or copolymer before such is converted to a fabricated product.
(h) "Vinyl chloride" means vinyl chloride monomer.
(3) Permissible exposure limit.
(a) No employee may be exposed to vinyl chloride at concentrations greater than 1 ppm averaged over any 8-hour period, and
(b) No employee may be exposed to vinyl chloride at concentrations greater than 5 ppm averaged over any period not exceeding 15 minutes.
(c) No employee may be exposed to vinyl chloride by direct contact with liquid vinyl chloride.
(4) Monitoring.
(a) A program of initial monitoring and measurement shall be undertaken in each establishment to determine if there is any employee exposed, without regard to the use of respirators, in excess of the action level.
(b) Where a determination conducted under subdivision (a) of this subsection shows any employee exposures without regard to the use of respirators, in excess of the action level, a program for determining exposures for each such employee shall be established. Such a program:
(i) Shall be repeated at least monthly where any employee is exposed, without regard to the use of respirators, in excess of the permissible exposure limit.
(ii) Shall be repeated not less than quarterly where any employee is exposed, without regard to the use of respirators, in excess of the action level.
(iii) May be discontinued for any employee only when at least two consecutive monitoring determinations, made not less than 5 working days apart, show exposures for that employee at or below the action level.
(c) Whenever there has been a production, process or control change which may result in an increase in the release of vinyl chloride, or the employer has any other reason to suspect that any employee may be exposed in excess of the action level, a determination of employee exposure under subdivision (a) of this subsection shall be performed.
(d) The method of monitoring and measurement shall have an accuracy (with a confidence level of 95 percent) of not less than plus or minus 50 percent from 0.25 through 0.5 ppm, plus or minus 35 percent from over 0.5 ppm through 1.0 ppm, plus or minus 25 percent over 1.0 ppm, (methods meeting these accuracy requirements are available from the director).
(e) Employees or their designated representatives shall be afforded reasonable opportunity to observe the monitoring and measuring required by this subsection.
(5) Regulated area.
(a) A regulated area shall be established where:
(i) Vinyl chloride or polyvinyl chloride is manufactured, reacted, repackaged, stored, handled or used; and
(ii) Vinyl chloride concentrations are in excess of the permissible exposure limit.
(b) Access to regulated areas shall be limited to authorized persons.
(6) Methods of compliance. Employee exposures to vinyl chloride shall be controlled to at or below the permissible exposure limit provided in subsection (3) of this section by engineering, work practice, and personal protective controls as follows:
(a) Feasible engineering and work practice controls shall immediately be used to reduce exposures to at or below the permissible exposure limit.
(b) Wherever feasible engineering and work practice controls which can be instituted immediately are not sufficient to reduce exposures to at or below the permissible exposure limit, they shall nonetheless be used to reduce exposures to the lowest practicable level, and shall be supplemented by respiratory protection in accordance with subsection (7) of this section. A program shall be established and implemented to reduce exposures to at or below the permissible exposure limit, or to the greatest extent feasible, solely by means of engineering and work practice controls, as soon as feasible.
(c) Written plans for such a program shall be developed and furnished upon request for examination and copying to the director. Such plans shall be updated at least every six months.
(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 section.
(b) Respirator program. The employer must establish, implement, and maintain a respiratory protection program as required in 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 296-62-17156).
(c) Respirator selection. Respirators must be selected from the following table.
| Atmospheric concentration of Vinyl Chloride |
Apparatus |
|
| (i) | Not over 10 ppm | Any chemical cartridge respirator with a vinyl chloride cartridge which provides a service life of at least 1 hour for concentrations of vinyl chloride up to 10 ppm. |
| (ii) | Not over 25 ppm | (A) A powered
air-purifying respirator
with hood, helmet, full or
half facepiece, and a
canister which provides a
service life of at least 4
hours for concentrations
of vinyl chloride up to 25
ppm, or (B) Gas mask, front or back-mounted canister which provides a service life of at least 4 hours for concentrations of vinyl chloride up to 25 ppm. |
| (iii) | Not over 100 ppm | Supplied air respirator demand type, with full facepiece. |
| (iv) | Not over 250 ppm | Type C, supplied air respirator, continuous flow type, with full or half facepiece, helmet or hood. |
| (v) | Not over 3,600 ppm | Combination Type C supplied air respirator, pressure demand type, with full or half facepiece and auxiliary self-contained air supply. |
| (vi) | Unknown, or above 3,600 ppm | Open-circuit, self-contained breathing apparatus, pressure demand type, with full facepiece. |
(d) Where air-purifying respirators are used:
(i) Air-purifying canisters or cartridges must be replaced prior to the expiration of their service life or the end of the shift in which they are first used, whichever occurs first, and
(ii) A continuous monitoring and alarm system must be provided when concentrations of vinyl chloride could reasonably exceed the allowable concentrations for the devices in use. Such system shall be used to alert employees when vinyl chloride concentrations exceed the allowable concentrations for the devices in use, and
(iii) Respirators specified for higher concentrations may be used for lower concentration.
(8) Hazardous operations.
(a) Employees engaged in hazardous operations, including entry of vessels to clean polyvinyl chloride residue from vessel walls, shall be provided and required to wear and use;
(i) Respiratory protection in accordance with subsections (3) and (7) of this section; and
(ii) Protective garments to prevent skin contact with liquid vinyl chloride or with polyvinyl chloride residue from vessel walls. The protective garments shall be selected for the operation and its possible exposure conditions.
(b) Protective garments shall be provided clean and dry for each use.
(c) Emergency situations. A written operational plan for emergency situations shall be developed for each facility storing, handling, or otherwise using vinyl chloride as a liquid or compressed gas. Appropriate portions of the plan shall be implemented in the event of an emergency. The plan shall specifically provide that:
(i) Employees engaged in hazardous operations or correcting situations of existing hazardous releases shall be equipped as required in subdivisions (a) and (b) of this subsection;
(ii) Other employees not so equipped shall evacuate the area and not return until conditions are controlled by the methods required in subsection (6) of this section and the emergency is abated.
(9) Training. Each employee engaged in vinyl chloride or polyvinyl chloride operations shall be provided training in a program relating to the hazards of vinyl chloride and precautions for its safe use.
(a) The program shall include:
(i) The nature of the health hazard from chronic exposure to vinyl chloride including specifically the carcinogenic hazard;
(ii) The specific nature of operations which could result in exposure to vinyl chloride in excess of the permissible limit and necessary protective steps;
(iii) The purpose for, proper use, and limitations of respiratory protective devices;
(iv) The fire hazard and acute toxicity of vinyl chloride, and the necessary protective steps;
(v) The purpose for and a description of the monitoring program;
(vi) The purpose for and a description of, the medical surveillance program;
(vii) Emergency procedures:
(A) Specific information to aid the employee in recognition of conditions which may result in the release of vinyl chloride; and
(B) A review of this standard at the employee's first training and indoctrination program, and annually thereafter.
(b) All materials relating to the program shall be provided upon request to the director.
(10) Medical surveillance. A program of medical surveillance shall be instituted for each employee exposed, without regard to the use of respirators, to vinyl chloride in excess of the action level. The program shall provide each such employee with an opportunity for 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.
(a) At the time of initial assignment, or upon institution of medical surveillance;
(i) A general physical examination shall be performed with specific attention to detecting enlargement of liver, spleen or kidneys, or dysfunction in these organs, and for abnormalities in skin, connective tissues and the pulmonary system (see Appendix A).
(ii) A medical history shall be taken, including the following topics:
(A) Alcohol intake,
(B) Past history of hepatitis,
(C) Work history and past exposure to potential hepatotoxic agents, including drugs and chemicals,
(D) Past history of blood transfusions, and
(E) Past history of hospitalizations.
(iii) A serum specimen shall be obtained and determinations made of:
(A) Total bilirubin,
(B) Alkaline phosphatase,
(C) Serum glutamic oxalacetic transaminase (SGOT),
(D) Serum glutamic pyruvic transaminase (SGPT), and
(E) Gamma glustamyl transpeptidase.
(b) Examinations provided in accordance with this subdivision shall be performed at least:
(i) Every 6 months for each employee who has been employed in vinyl chloride or polyvinyl chloride manufacturing for 10 years or longer; and
(ii) Annually for all other employees.
(c) Each employee exposed to an emergency shall be afforded appropriate medical surveillance.
(d) A statement of each employee's suitability for continued exposure to vinyl chloride including use of protective equipment and respirators, shall be obtained from the examining physician promptly after any examination. A copy of the physician's statement shall be provided each employee.
(e) If any employee's health would be materially impaired by continued exposure, such employee shall be withdrawn from possible contact with vinyl chloride.
(f) Laboratory analyses for all biological specimens included in medical examinations shall be performed in laboratories licensed under 42 CFR Part 74.
(g) If the examining physician determines that alternative medical examinations to those required by subdivision (a) of this subsection will provide at least equal assurance of detecting medical conditions pertinent to the exposure to vinyl chloride, the employer may accept such alternative examinations as meeting the requirements of subdivision (a) of this subsection, if the employer obtains a statement from the examining physician setting forth the alternative examinations and the rationale for substitution. This statement shall be available upon request for examination and copying to authorized representatives of the director.
(11) Signs and labels.
(a) Entrances to regulated areas shall be posted with
legible signs bearing the legend:
(g) No statement shall appear on or near any required sign, label or instruction which contradicts or detracts from the effect of any required warning, information or instruction.
(12) Records.
(a) All records maintained in accordance with this section shall include the name and social security number of each employee where relevant.
(b) Records of required monitoring and measuring and
medical records shall be provided upon request to employees,
designated representatives, and the director in accordance
with ((WAC 296-62-05201 through 296-62-05209; and 296-62-05213
through 296-62-05217)) chapter 296-802 WAC. These records
shall be provided upon request to the director. Authorized
personnel rosters shall also be provided upon request to the
director.
(i) Monitoring and measuring records shall:
(A) State the date of such monitoring and measuring and the concentrations determined and identify the instruments and methods used;
(B) Include any additional information necessary to determine individual employee exposures where such exposures are determined by means other than individual monitoring of employees; and
(C) Be maintained for not less than 30 years.
(ii) Medical records shall be maintained for the duration of the employment of each employee plus 20 years, or 30 years, whichever is longer.
(c) In the event that the employer ceases to do business
and there is no successor to receive and retain his/her
records for the prescribed period, these records shall be
transmitted by registered mail to the director, and each
employee individually notified in writing of this transfer. The employer shall also comply with any additional
requirements set forth in ((WAC 296-62-05215)) chapter 296-802 WAC.
(d) Employees or their designated representatives shall be provided access to examine and copy records of required monitoring and measuring.
(e) Former employees shall be provided access to examine and copy required monitoring and measuring records reflecting their own exposures.
(f) Upon written request of any employee, a copy of the medical record of that employee shall be furnished to any physician designated by the employee.
(13) Reports.
(a) Not later than 1 month after the establishment of a regulated area, the following information shall be reported to the director. Any changes to such information shall be reported within 15 days.
(i) The address and location of each establishment which has one or more regulated areas; and
(ii) The number of employees in each regulated area during normal operations, including maintenance.
(b) Emergencies and the facts obtainable at that time, shall be reported within 24 hours 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 similar nature.
(c) Within 10 working days following any monitoring and measuring which discloses that any employee has been exposed, without regard to the use of respirators, in excess of the permissible exposure limit, each such employee shall be notified in writing of the results of the exposure measurement and the steps being taken to reduce the exposure to within the permissible exposure limit.
(14) Appendix A supplementary medical information.
When required tests under subsection (10)(a) of this section show abnormalities, the tests should be repeated as soon as practicable, preferably within 3 to 4 weeks. If tests remain abnormal, consideration should be given to withdrawal of the employee from contact with vinyl chloride, while a more comprehensive examination is made.
Additional tests which may be useful:
(A) For kidney dysfunction: Urine examination for albumin, red blood cells, and exfoliative abnormal cells.
(B) Pulmonary system: Forced vital capacity, forced expiratory volume at 1 second, and chest roentgenogram (posterior-anterior, 14 x 17 inches).
(C) Additional serum tests: Lactic acid dehydrogenase, lactic acid dehydrogenase isoenzyme, protein determination, and protein electrophoresis.
(D) For a more comprehensive examination on repeated abnormal serum tests: Hepatitis B antigen, and liver scanning.
[Statutory Authority: RCW 49.17.010, [49.17].040 and [49.17].050. 99-10-071, § 296-62-07329, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 94-15-096 (Order 94-07), § 296-62-07329, filed 7/20/94, effective 9/20/94; 91-03-044 (Order 90-18), § 296-62-07329, filed 1/10/91, effective 2/12/91. Statutory Authority: RCW 49.17.040 and 49.17.050. 86-16-009 (Order 86-28), § 296-62-07329, filed 7/25/86; 82-13-045 (Order 82-22), § 296-62-07329, filed 6/11/82. Statutory Authority: RCW 49.17.040, 49.17.050 and 49.17.240. 81-18-029 (Order 81-21), § 296-62-07329, filed 8/27/81; 81-16-015 (Order 81-20), § 296-62-07329, filed 7/27/81; Order 75-41, § 296-62-07329, filed 12/19/75.]
(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.
| 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 facepieceand 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. | ||
(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 296-800-230 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 296-800-230.
(b) Showers.
(i) The employer shall provide shower facilities in accordance with WAC 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:
ACRYLONITRILE (AN)
CANCER HAZARD
AUTHORIZED PERSONNEL ONLY
RESPIRATORS REQUIRED
(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:
CONTAINS ACRYLONITRILE (AN)
CANCER HAZARD
(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)) chapter 296-802 WAC. 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)) chapter 296-802 WAC.
(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, 49.17.050, and 49.17.060. 03-18-090, § 296-62-07336, filed 9/2/03, effective 11/1/03. 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.
| 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. |
(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 296-800-230.
(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) |
AUTHORIZED PERSONNEL ONLY
(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:
1,2-Dibromo-3-chloropropane
CANCER HAZARD
(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))
chapter 296-802 WAC.
(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)) chapter 296-802 WAC.
(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, 49.17.050, and 49.17.060. 03-18-090, § 296-62-07342, filed 9/2/03, effective 11/1/03. 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.]
(a) Where the processing, use, or handling of products made from or containing EtO are exempted from other requirements of WAC 296-62-07355 through 296-62-07389 under WAC 296-62-07355, or where objective data have been relied on in lieu of initial monitoring under WAC 296-62-07361 (2)(b), the employer shall establish and maintain an accurate record of objective data reasonably relied upon in support of the exemption.
(b) This record shall include at least the following information:
(i) The product qualifying for exemption;
(ii) The source of the objective data;
(iii) The testing protocol, results of testing, and/or analysis of the material for the release of EtO;
(iv) A description of the operation exempted and how the data support the exemption; and
(v) Other data relevant to the operations, materials, processing, or employee exposures covered by the exemption.
(c) The employer shall maintain this record for the duration of the employer's reliance upon such objective data.
(2) Exposure measurements.
(a) The employer shall keep an accurate record of all measurements taken to monitor employee exposure to EtO as prescribed in WAC 296-62-07361.
(b) This record shall include at least the following information:
(i) The date of measurement;
(ii) The operation involving exposure to EtO which is being monitored;
(iii) Sampling and analytical methods used and evidence of their accuracy;
(iv) Number, duration, and results of samples taken;
(v) Type of protective devices worn, if any; and
(vi) Name, Social Security number and exposure of the employees whose exposures are represented.
(c) The employer shall maintain this record for at least
thirty years, in accordance with ((WAC 296-62-05207)) chapter 296-802 WAC.
(3) Medical surveillance.
(a) The employer shall establish and maintain an accurate
record for each employee subject to medical surveillance by
WAC 296-62-07371 (1)(a), in accordance with ((WAC 296-62-05207)) chapter 296-802 WAC.
(b) The record shall include at least the following information:
(i) The name and Social Security number of the employee;
(ii) Physicians' written opinions;
(iii) Any employee medical complaints related to exposure to EtO; and
(iv) A copy of the information provided to the physician as required by WAC 296-62-07371(3).
(c) The employer shall ensure that this record is
maintained for the duration of employment plus thirty years,
in accordance with ((WAC 296-62-05207)) chapter 296-802 WAC.
(4) Availability.
(a) The employer, upon written request, shall make all records required to be maintained by WAC 296-62-07355 through 296-62-07389 available to the director for examination and copying.
(b) The employer, upon request, shall make any exemption
and exposure records required by WAC 296-62-07377 (1) and (2)
available for examination and copying to affected employees,
former employees, designated representatives and the director,
in accordance with ((WAC 296-62-05201 through 296-62-05209 and
296-62-05213 through 296-62-05217)) chapter 296-802 WAC.
(c) The employer, upon request, shall make employee
medical records required by subsection (3) of this section
available for examination and copying to the subject employee,
anyone having the specific written consent of the subject
employee, and the director, in accordance with ((WAC 296-62-052)) chapter 296-802 WAC.
(5) Transfer of records.
(a) The employer shall comply with the requirements
concerning transfer of records set forth in ((WAC 296-62-05215)) chapter 296-802 WAC.
(b) Whenever 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 notify the director at least ninety days prior to disposal and transmit them to the director.
[Statutory Authority: Chapter 49.17 RCW. 87-24-051 (Order 87-24), § 296-62-07375, filed 11/30/87.]
(a) The employer shall establish and keep an accurate record of all air monitoring for cadmium in the workplace.
(b) This record shall include at least the following information:
(i) The monitoring date, duration, and results in terms of an 8-hour TWA of each sample taken;
(ii) The name, Social Security number, and job classification of the employees monitored and of all other employees whose exposures the monitoring is intended to represent;
(iii) A description of the sampling and analytical methods used and evidence of their accuracy;
(iv) The type of respiratory protective device, if any, worn by the monitored employee;
(v) A notation of any other conditions that might have affected the monitoring results.
(c) The employer shall maintain this record for at least
thirty years, in accordance with chapter ((296-62 WAC, Part
B)) 296-802 WAC.
(2) Objective data for exemption from requirement for initial monitoring.
(a) For purposes of this section, objective data are information demonstrating that a particular product or material containing cadmium or a specific process, operation, or activity involving cadmium cannot release dust or fumes in concentrations at or above the action level even under the worst-case release conditions. Objective data can be obtained from an industry-wide study or from laboratory product test results from manufacturers of cadmium-containing products or materials. The data the employer uses from an industry-wide survey must be obtained under workplace conditions closely resembling the processes, types of material, control methods, work practices and environmental conditions in the employer's current operations.
(b) The employer shall establish and maintain a record of the objective data for at least thirty years.
(3) Medical surveillance.
(a) The employer shall establish and maintain an accurate record for each employee covered by medical surveillance under WAC 296-62-07423 (1)(a).
(b) The record shall include at least the following information about the employee:
(i) Name, Social Security number, and description of the duties;
(ii) A copy of the physician's written opinions and an explanation sheet for biological monitoring results;
(iii) A copy of the medical history, and the results of any physical examination and all test results that are required to be provided by this section, including biological tests, X-rays, pulmonary function tests, etc., or that have been obtained to further evaluate any condition that might be related to cadmium exposure;
(iv) The employee's medical symptoms that might be related to exposure to cadmium; and
(v) A copy of the information provided to the physician as required by WAC 296-62-07423 (9)(b) through (e).
(c) The employer shall assure that this record is
maintained for the duration of employment plus thirty years,
in accordance with chapter ((296-62 WAC, Part B)) 296-802 WAC.
(4) Training. The employer shall certify that employees have been trained by preparing a certification record which includes the identity of the person trained, the signature of the employer or the person who conducted the training, and the date the training was completed. The certification records shall be prepared at the completion of training and shall be maintained on file for one year beyond the date of training of that employee.
(5) Availability.
(a) Except as otherwise provided for in this section,
access to all records required to be maintained by subsections
(1) through (4) of this section shall be in accordance with
the provisions of chapter ((296-62 WAC, Part B)) 296-802 WAC.
(b) Within fifteen days after a request, the employer shall make an employee's medical records required to be kept by subsection (3) of this section available for examination and copying to the subject employee, to designated representatives, to anyone having the specific written consent of the subject employee, and after the employee's death or incapacitation, to the employee's family members.
(6) Transfer of records. Whenever an employer ceases to
do business and there is no successor employer to receive and
retain records for the prescribed period or the employer
intends to dispose of any records required to be preserved for
at least thirty years, the employer shall comply with the
requirements concerning transfer of records set forth in ((WAC 296-62-05215)) chapter 296-802 WAC.
[Statutory Authority: Chapter 49.17 RCW. 93-07-044 (Order 93-01), § 296-62-07427, 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 | |
| Concentration of Airborne BD (ppm) or condition of use | Minimum required respirator |
| Less than or equal to 5 ppm (5 times PEL) | (a) Air-purifying half mask or full facepiece respirator equipped with approved BD or organic vapor cartridges or canisters. Cartridges or canisters shall be replaced every 4 hours. |
| Less than or equal to 10 ppm (10 times PEL) | (a) Air-purifying half mask or full facepiece respirator equipped with approved BD or organic vapor cartridges or canisters. Cartridges or canisters shall be replaced every 3 hours. |
| Less than or equal to 25 ppm (25 times PEL) | (a) Air-purifying full facepiece respirator equipped with approved BD or organic vapor cartridges or canisters. Cartridges or canisters shall be replaced every 2 hours. |
| (b) Any powered air-purifying respirator equipped with approved BD or organic vapor cartridges. PAPR cartridges shall be replaced every 2 hours. | |
| (c) Continuous flow supplied air respirator equipped with a hood or helmet. | |
| Less than or equal to 50 ppm (50 times PEL) | (a) Air-purifying full facepiece respirator equipped with approved BD or organic vapor cartridges or canisters. Cartridges or canisters shall be replaced every 1 hour. |
| (b) Powered air purifying respirator equipped with a tight-fitting facepiece and an approved BD or organic vapor cartridges. PAPR cartridges shall be replaced every 1 hour. | |
| Less than or equal to 1,000 ppm (1,000 times PEL) | (a) Supplied air respirator equipped with a half mask or full facepiece and operated in a pressure demand or other positive pressure mode. |
| Greater than 1,000 ppm | (a) Self-contained breathing unknown concentration, or apparatus equipped with a fire fighting full facepiece and operated in a pressure demand or other positive pressure mode. |
| (b) Any supplied air respirator equipped with a full facepiece and operated in a pressure demand or other positive pressure mode in combination with an auxiliary self-contained breathing apparatus operated in a pressure demand or other positive pressure mode. | |
| Escape from IDLH Conditions | (a) Any positive pressure self-contained breathing apparatus with an appropriate service life. |
| (b) Any air-purifying full facepiece respirator equipped with a front or back mounted BD or organic vapor canister. | |
| Notes: | Respirators approved for use in higher concentrations are permitted to be used in lower concentrations. Full
facepiece is required when eye irritation is anticipated. |
(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. |
(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)) chapter 296-802 WAC.
(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)) chapter 296-802 WAC.
(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)) chapter 296-802 WAC.
(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)) chapter 296-802 WAC.
(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. |
(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 296-800-220 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-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)
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.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.
(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)
(ii) A GC column capable of resolving the analytes from
any interference.(3)Footnote (2)
A Hewlett-Packard Model 5840A GC was used for this evaluation. Injections were performed using a
Hewlett-Packard Model 7671A automatic sampler.
(iii) Vials, glass 2-mL with Teflon-lined caps.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.
(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)
The benzene contaminant that was present in the carbon
disulfide was used as an internal standard (ISTD) in this
evaluation.Footnote (4)
Fisher Scientific Company A.C.S. Reagent Grade solvent was used in this evaluation.
(ii) Nitrogen, hydrogen and air, GC grade.
(iii) BD of known high purity.(5)
(c) Standard preparation.Footnote (5)
Matheson Gas Products, CP Grade 1,3-butadiene was used in this study.
(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)
(ii) The mass of BD gas used to prepare standards can be
determined by use of the following equations: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.
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)
(C) A means to purge nitrogen gas through the charcoal
inside the quartz tube.Footnote (8)
A Lindberg Type 55035 Tube furnace was used in this evaluation.
(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)
(B) 4-tert-Butylcatechol (TBC).(10)Footnote (9)
Baker Analyzed Reagent grade was diluted with water for use in this evaluation.
(C) Specially cleaned coconut shell charcoal, 20/40
mesh.(11)Footnote (10)
The Aldrich Chemical Company 99% grade was used in this evaluation.
(D) Nitrogen gas, GC grade.Footnote (11)
Specially cleaned charcoal was obtained from Supelco, Inc. for use in this evaluation. The cleaning
process used by Supelco is proprietary.
(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.