Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-07-155.

     Title of Rule and Other Identifying Information: The department is proposing to rewrite and clarify requirements relating to benzene. The department is amending the rule in chapter 296-62 WAC to only apply to agriculture and proposing benzene as a new chapter for all other industries, chapter 296-849 WAC. This rule making is part of our goal to rewrite all of WISHA's general occupational safety and health rules for clarity. The department is eliminating unnecessary requirements and outdated terminology. References will also be updated throughout other WISHA rules.

     The purpose of this rule making is to make this rule easy to read, understand and more usable for employers. This proposal will place all benzene requirements (WAC 296-62-07523) into one chapter (chapter 296-849 WAC, Benzene). This rule making is part of an initiative by the department to revise all safety and health rules.

     Amending WAC 296-62-07523 Benzene, the requirements from this section are being moved to chapter 296-849 WAC, Benzene. A note will be added to clarify that the requirements in this section apply only to agriculture.

     New sections WAC 296-849-100 Scope, 296-849-110 Basic rules, 296-849-11010 Use preventive practices, 296-849-11020 Establish exposure control areas, 296-849-11030 Conduct employee exposure evaluations, 296-849-11040 Provide and use personal protective equipment (PPE), 296-849-11050 Train employees, 296-849-11065 Follow rules for observing exposure measurement, 296-849-11070 Notify employees, 296-849-11090 Establish employee exposure records, 296-849-120 Exposure and medical monitoring, 296-849-12010 Conduct periodic employee exposure evaluations, 296-849-12030 Make medical evaluations available, 296-849-12050 Remove employees from benzene exposures, 296-849-12080 Maintain employee medical records, 296-849-130 Rules for exposure control areas, 296-849-13005 Establish an exposure control plan, 296-849-13020 Control employee exposures, 296-849-13045 Provide and use respirators, and 296-849-190 Definitions.

     Hearing Location(s): Department of Labor and Industries, Auditorium, 7273 Linderson Way S.W., Tumwater, WA 98501, on August 24, 2004, at 1:30 p.m.

     Date of Intended Adoption: November 16, 2004.

     Submit Written Comments to: Jamie Scibelli, P.O. Box 44620, Olympia, WA 98504-4620, e-mail Scij235@lni.wa.gov, fax (360) 902-5529, by August 31, 2004.

     Assistance for Persons with Disabilities: Contact Sally Elliott by August 17, 2004, yous235@lni.wa.gov or (360) 902-5484.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to make this rule easy to read, understand, and more usable for employers. This proposal will place all benzene requirements (WAC 296-62-07523) into one chapter (chapter 296-849 WAC, Benzene). There are no anticipated effects. See Title of Rule and Other Identifying Information above.

     Reasons Supporting Proposal: See Title of Rule and Other Identifying Information above.

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

     Statute Being Implemented: Chapter 49.17 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

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

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

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impose more than a minor cost on business. Therefore, as stated in RCW 19.85.030 (1)(a), a small business economic impact statement is not required. An analysis of the rule reveals that in addition to not imposing new costs on businesses, these revisions will make WISHA rules easier for employers and employees to understand and use, and thus save them time.

     A cost-benefit analysis is not required under RCW 34.05.328. There are no costs to assess within these rule amendments. The amendments would require employers to provide notification of exposure evaluation results to employees within five days. Currently employers are required to provide this information within fifteen days. This amendment will require employers to provide data that they already have to employees quicker and will not require additional costs.

July 20, 2004

Paul Trause

Director

OTS-7337.1

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

WAC 296-62-07523   Benzene.  

Note:

The requirements in WAC 296-62-07523 apply only to agriculture. The requirements for all other industries relating to noise have been moved to chapter 296-849 WAC, Benzene.

     (1) Scope and application.

     (a) This section applies to all occupational exposures to benzene. Chemical Abstracts Service Registry No. 71-43-2, except as provided in (b) and (c) of this subsection.

     (b) This section does not apply to:

     (i) The storage, transportation, distribution, dispensing, sale or use of gasoline, motor fuels, or other fuels containing benzene subsequent to its final discharge from bulk wholesale storage facilities, except that operations where gasoline or motor fuels are dispensed for more than four hours per day in an indoor location are covered by this section.

     (ii) Loading and unloading operations at bulk wholesale storage facilities which use vapor control systems for all loading and unloading operations, except for the provisions of WAC 296-62-054 and 296-800-170 as incorporated into this section and the emergency provisions of subsections (7) and (9)(d) of this section.

     (iii) The storage, transportation, distribution, or sale of benzene or liquid mixtures containing more than 0.1 percent benzene in intact containers or in transportation pipelines while sealed in such a manner as to contain benzene vapors or liquid, except for the provisions of WAC 296-62-054 and 296-800-170 as incorporated into this section and the emergency provisions of subsections (7) and (9)(d) of this section.

     (iv) Containers and pipelines carrying mixtures with less than 0.1 percent benzene and natural gas processing plants processing gas with less than 0.1 percent benzene.

     (v) Work operations where the only exposure to benzene is from liquid mixtures containing 0.5 percent or less of benzene by volume, or the vapors released from such liquids until September 12, 1988; work operations where the only exposure to benzene is from liquid mixtures containing 0.3 percent or less of benzene by volume or the vapors released from such liquids from September 12, 1988, to September 12, 1989; and work operations where the only exposure to benzene is from liquid mixtures containing 0.1 percent or less of benzene by volume or the vapors released from such liquids after September 12, 1989; except that tire building machine operators using solvents with more than 0.1 percent benzene are covered by subsection (9) of this section.

     (vi) Oil and gas drilling, production, and servicing operations.

     (vii) Coke oven batteries.

     (c) The cleaning and repair of barges and tankers which have contained benzene are excluded from subsection (6) of this section (Methods of compliance), subsection (5)(a) of this section (General), and subsection (5)(f) of this section (Accuracy of monitoring). Engineering and work practice controls shall be used to keep exposures below 10 ppm unless it is proven to be not feasible.

     (2) Definitions.

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

     (b) "Authorized person" means any person specifically authorized by the employer whose duties require the person to enter a regulated area, or any person entering such an area as a designated representative of employees for the purpose of exercising the right to observe monitoring and measuring procedures under subsection (5) of this section, or any other person authorized by the Washington Industrial Safety and Health Act (WISHA) or regulations issued under WISHA.

     (c) "Benzene" (C6H6) (CAS Registry No. 71-43-2) means liquefied or gaseous benzene. It includes benzene contained in liquid mixtures and the benzene vapors released by these liquids. It does not include trace amounts of unreacted benzene contained in solid materials.

     (d) "Bulk wholesale storage facility" means a bulk terminal or bulk plant where fuel is stored prior to its delivery to wholesale customers.

     (e) "Container" means any barrel, bottle, can, cylinder, drum, reaction vessel, storage tank, or the like, but does not include piping systems.

     (f) "Day" means any part of a calendar day.

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

     (h) "Emergency" means any occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which may or does result in an unexpected significant release of benzene.

     (i) "Employee exposure" means exposure to airborne benzene which would occur if the employee were not using respiratory protective equipment.

     (j) "Regulated area" means any area where airborne concentrations of benzene exceed or can reasonably be expected to exceed, the permissible exposure limits, either the 8-hour time-weighted average exposure of 1 ppm or the short-term exposure limit of 5 ppm for fifteen minutes.

     (k) "Vapor control system" means any equipment used for containing the total vapors displaced during the loading of gasoline, motor fuel, or other fuel tank trucks and the displacing of these vapors through a vapor processing system or balancing the vapor with the storage tank. This equipment also includes systems containing the vapors displaced from the storage tank during the unloading of the tank truck which balance the vapors back to the tank truck.

     (3) Permissible exposure limits (PELs).

     (a) Time-weighted average limit (TWA). The employer shall assure that no employee is exposed to an airborne concentration of benzene in excess of one part of benzene per million parts of air (1 ppm) as an 8-hour time-weighted average.

     (b) Short-term exposure limit (STEL). The employer shall assure that no employee is exposed to an airborne concentration of benzene in excess of 5 ppm as averaged over any fifteen minute period.

     (4) Regulated areas.

     (a) The employer shall establish a regulated area wherever the airborne concentration of benzene exceeds or can reasonably be expected to exceed the permissible exposure limits, either the 8-hour time-weighted average exposure of 1 ppm or the short-term exposure limit of 5 ppm for fifteen minutes.

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

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

     (5) Exposure monitoring.

     (a) General.

     (i) Determinations of employee exposure shall be made from breathing zone air samples that are representative of each employee's average exposure to airborne benzene.

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

     (iii) Determinations of compliance with the STEL shall be made from fifteen minute employee breathing zone samples measured at operations where there is reason to believe exposures are high, such as where tanks are opened, filled, unloaded, or gauged; where containers or process equipment are opened and where benzene is used for cleaning or as a solvent in an uncontrolled situation. The employer may use objective data, such as measurements from brief period measuring devices, to determine where STEL monitoring is needed.

     (iv) Except for initial monitoring as required under (b) of this subsection, where the employer can document that one shift will consistently have higher employee exposures for an operation, the employer shall only be required to determine representative employee exposure for that operation during the shift on which the highest exposure is expected.

     (b) Initial monitoring.

     (i) Each employer who has a place of employment covered under subsection (1)(a) of this section shall monitor each of these workplaces and work operations to determine accurately the airborne concentrations of benzene to which employees may be exposed.

     (ii) The initial monitoring required under (b)(i) of this subsection shall be completed by sixty days after the effective date of this standard or within thirty days of the introduction of benzene into the workplace. Where the employer has monitored within one year prior to the effective date of this standard 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.

     (c) Periodic monitoring and monitoring frequency.

     (i) If the monitoring required by (b)(i) of this subsection reveals employee exposure at or above the action level but at or below the TWA, the employer shall repeat such monitoring for each such employee at least every year.

     (ii) If the monitoring required by (b)(i) of this subsection reveals employee exposure above the TWA, the employer shall repeat such monitoring for each such employee at least every six months.

     (iii) The employer may alter the monitoring schedule from every six months to annually for any employee for whom two consecutive measurements taken at least seven days apart indicate that the employee exposure has decreased to the TWA or below, but is at or above the action level.

     (iv) Monitoring for the STEL shall be repeated as necessary to evaluate exposures of employees subject to short term exposures.

     (d) Termination of monitoring.

     (i) If the initial monitoring required by (b)(i) of this subsection reveals employee exposure to be below the action level the employer may discontinue the monitoring for that employee, except as otherwise required by (e) of this subsection.

     (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 seven days apart, are below the action level the employer may discontinue the monitoring for that employee, except as otherwise required by (e) of this subsection.

     (e) Additional monitoring.

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

     (ii) Whenever spills, leaks, ruptures, or other breakdowns occur that may lead to employee exposure, the employer shall monitor (using area or personal sampling) 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, to a confidence level of ninety-five percent, to within plus or minus twenty-five percent for airborne concentrations of benzene.

     (g) Employee notification of monitoring results.

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

     (ii) Whenever the PELs are exceeded, the written notification required by (g)(i) of this subsection shall contain the corrective action being taken by the employer to reduce the employee exposure to or below the PEL, or shall refer to a document available to the employee which states the corrective actions to be taken.

     (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 benzene at or below the permissible exposure limits, except to the extent that the employer can establish that these controls are not feasible or where the provisions of (a)(iii) of this subsection or subsection (7)(a) of this section apply.

     (ii) Wherever the feasible engineering controls and work practices which can be instituted are not sufficient to reduce employee exposure to or below the PELs, 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 which complies with the requirements of subsection (7) of this section.

     (iii) Where the employer can document that benzene is used in a workplace less than a total of thirty days per year, the employer shall use engineering controls, work practice controls or respiratory protection or any combination of these controls to reduce employee exposure to benzene to or below the PELs, except that employers shall use engineering and work practice controls, if feasible, to reduce exposure to or below 10 ppm as an 8-hour TWA.

     (b) Compliance program.

     (i) When any exposures are over the PEL, the employer shall establish and implement a written program to reduce employee exposure to or below the PEL primarily by means of engineering and work practice controls, as required by (a) of this subsection.

     (ii) The written program shall include a schedule for development and implementation of the engineering and work practice controls. These plans shall be reviewed and revised as appropriate based on the most recent exposure monitoring data, to reflect the current status of the program.

     (iii) Written compliance programs shall be furnished upon request for examination and copying to the director, affected employees, and designated employee representatives.

     (7) Respiratory protection.

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

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

     (ii) Work operations for which the employer establishes that compliance with either the TWA or STEL through the use of engineering and work-practice controls is not feasible; for example some maintenance and repair activities, vessel cleaning, or other operations where engineering and work-practice controls are infeasible because exposures are intermittent and limited in duration;

     (iii) Work operations for which feasible engineering and work-practice controls are not yet sufficient, or are not required under subsection (6)(a)(iii) of this section, to reduce exposure 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) For air-purifying respirators, the employer must replace the air-purifying element at the expiration of its service life or at the beginning of each shift in which such elements are used, whichever comes first.

     (iii) If NIOSH certifies an air-purifying element with an end-of-service-life indicator for benzene, such an element may be used until the indicator shows no further useful life.

     (c) Respirator selection.

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

     (ii) Any employee who cannot use a negative-pressure respirator must be allowed to use a respirator with less breathing resistance, such as a powered air-purifying respirator or supplied-air respirator.

TABLE 1. - RESPIRATORY PROTECTION FOR BENZENE

Airborne concentration of benzene or condition of use		Respirator type
(a)	Less than or equal to 10 ppm.	(1)	Half-mask air-purifying respirator with organic vapor cartridge.
(b)	Less than or equal to 50 ppm.	(1)	Full facepiece respirator with organic vapor cartridges.
		(1)	Full facepiece gas mask with chin style canister.1
(c)	Less than or equal to 100 ppm.	(1)	Full facepiece powered air-purifying respirator with organic vapor canister.1
(d)	Less than or equal to 1,000 ppm.	(1)	Supplied air respirator with full facepiece in positive-pressure mode.
(e)	Greater than 1,000 ppm or unknown concentration.	(1)	Self-contained breathing apparatus with full facepiece in positive-pressure mode.
		(2)	Full facepiece positive-pressure supplied-air respirator with auxiliary self-contained air supply.
(f)	Escape . . . . . . . . . . . .	(1)	Any organic vapor gas mask; or
		(2)	Any self-contained breathing apparatus with full facepiece.
(g)	Firefighting . . . . . . . . . . . .	(1)	Full facepiece self-contained breathing apparatus in positive pressure mode.

1

Canisters must have a minimum service life of four (4) hours when tested at 150 ppm benzene, at a flow rate of 64 LPM, 25° C, and 85% relative humidity for nonpowered air purifying respirators. The flow rate shall be 115 LPM and 170 LPM respectively for tight fitting and loose fitting powered air-purifying respirators.

     (8) Protective clothing and equipment. Personal protective clothing and equipment shall be worn where appropriate to prevent eye contact and limit dermal exposure to liquid benzene. Protective clothing and equipment shall be provided by the employer at no cost to the employee and the employer shall assure its use where appropriate. Eye and face protection shall meet the requirements of WAC 296-800-160.

     (9) Medical surveillance.

     (a) General.

     (i) The employer shall make available a medical surveillance program for employees who are or may be exposed to benzene at or above the action level thirty or more days per year; for employees who are or may be exposed to benzene at or above the PELs ten or more days per year; for employees who have been exposed to more than 10 ppm of benzene for thirty or more days in a year prior to the effective date of the standard when employed by their current employer; and for employees involved in the tire building operations called tire building machine operators, who use solvents containing greater than 0.1 percent benzene.

     (ii) The employer shall assure that all medical examinations and procedures are performed by or under the supervision of a licensed physician and that all laboratory tests are conducted by an accredited laboratory.

     (iii) The employer shall assure that persons other than licensed physicians who administer the pulmonary function testing required by this section shall complete a training course in spirometry sponsored by an appropriate governmental, academic, or professional institution.

     (iv) The employer shall assure that all examinations and procedures are provided without cost to the employee and at a reasonable time and place.

     (b) Initial examination.

     (i) Within sixty days of the effective date of this standard, or before the time of initial assignment, the employer shall provide each employee covered by (a)(i) of this subsection with a medical examination including the following elements:

     (A) A detailed occupational history which includes:

     (I) Past work exposure to benzene or any other hematological toxins;

     (II) A family history of blood dyscrasias including hematological neoplasms;

     (III) A history of blood dyscrasias including genetic hemoglobin abnormalities, bleeding abnormalities, abnormal function of formed blood elements;

     (IV) A history of renal or liver dysfunction;

     (V) A history of medicinal drugs routinely taken;

     (VI) A history of previous exposure to ionizing radiation; and

     (VII) Exposure to marrow toxins outside of the current work situation.

     (B) A complete physical examination.

     (C) Laboratory tests. A complete blood count including a leukocyte count with differential, a quantitative thrombocyte count, hematocrit, hemoglobin, erythrocyte count and erythrocyte indices (MCV, MCH, MCHC). The results of these tests shall be reviewed by the examining physician.

     (D) Additional tests as necessary in the opinion of the examining physician, based on alterations to the components of the blood or other signs which may be related to benzene exposure.

     (E) For all workers required to wear respirators for at least thirty days a year, the physical examination shall pay special attention to the cardiopulmonary system and shall include a pulmonary function test.

     (ii) No initial medical examination is required to satisfy the requirements of (b)(i) of this subsection if adequate records show that the employee has been examined in accordance with the procedures of (b)(i) of this subsection within the twelve months prior to the effective date of this standard.

     (c) Periodic examinations.

     (i) The employer shall provide each employee covered under (a)(i) of this subsection with a medical examination annually following the previous examination. These periodic examinations shall include at least the following elements:

     (A) A brief history regarding any new exposure to potential marrow toxins, changes in medicinal drug use, and the appearance of physical signs relating to blood disorders;

     (B) A complete blood count including a leukocyte count with differential, quantitative thrombocyte count, hemoglobin, hematocrit, erythrocyte count and erythrocyte indices (MCV, MCH, MCHC); and

     (C) Appropriate additional tests as necessary, in the opinion of the examining physician, in consequence of alterations in the components of the blood or other signs which may be related to benzene exposure.

     (ii) Where the employee develops signs and symptoms commonly associated with toxic exposure to benzene, the employer shall provide the employee with an additional medical examination which shall include those elements considered appropriate by the examining physician.

     (iii) For persons required to use respirators for at least thirty days a year, a pulmonary function test shall be performed every three years. A specific evaluation of the cardiopulmonary system shall be made at the time of the pulmonary function test.

     (d) Emergency examinations.

     (i) In addition to the surveillance required by (a)(i) of this subsection, if an employee is exposed to benzene in an emergency situation, the employer shall have the employee provide a urine sample at the end of the employee's shift and have a urinary phenol test performed on the sample within seventy-two hours. The urine specific gravity shall be corrected to 1.024.

     (ii) If the result of the urinary phenol test is below 75 mg phenol/L of urine, no further testing is required.

     (iii) If the result of the urinary phenol test is equal to or greater than 75 mg phenol/L of urine, the employer shall provide the employee with a complete blood count including an erythrocyte count, leukocyte count with differential and thrombocyte count at monthly intervals for a duration of three months following the emergency exposure.

     (iv) If any of the conditions specified in (e)(i) of this subsection exists, then the further requirements of (e) of this subsection shall be met and the employer shall, in addition, provide the employees with periodic examinations if directed by the physician.

     (e) Additional examinations and referrals.

     (i) Where the results of the complete blood count required for the initial and periodic examinations indicate any of the following abnormal conditions exist, then the blood count shall be repeated within two weeks.

     (A) The hemoglobin level or the hematocrit falls below the normal limit (outside the ninety-five percent confidence interval (C.I.)) as determined by the laboratory for the particular geographic area and/or these indices show a persistent downward trend from the individual's preexposure norms; provided these findings cannot be explained by other medical reasons.

     (B) The thrombocyte (platelet) count varies more than twenty percent below the employee's most recent values or falls outside the normal limit (ninety-five percent C.I.) as determined by the laboratory.

     (C) The leukocyte count is below 4,000 per mm3 or there is an abnormal differential count.

     (ii) If the abnormality persists, the examining physician shall refer the employee to a hematologist or an internist for further evaluation unless the physician has good reason to believe such referral is unnecessary. (See Appendix C for examples of conditions where a referral may be unnecessary.)

     (iii) The employer shall provide the hematologist or internist with the information required to be provided to the physician under this subsection and the medical record required to be maintained by subsection (11)(b)(ii) of this section.

     (iv) The hematologist's or internist's evaluation shall include a determination as to the need for additional tests, and the employer shall assure that these tests are provided.

     (f) Information provided to the physician. The employer shall provide the following information to the examining physician:

     (i) A copy of this regulation and its appendices;

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

     (iii) The employee's actual or representative exposure level;

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

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

     (g) Physician's written opinions.

     (i) For each examination under this section, the employer shall obtain and provide the employee with a copy of the examining physician's written opinion within fifteen days of the examination. The written opinion shall be limited to the following information:

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

     (B) The physician's opinion concerning whether the employee has any detected medical conditions which would place the employee's health at greater than normal risk of material impairment from exposure to benzene;

     (C) The physician's recommended limitations upon the employee's exposure to benzene or upon the employee's use of protective clothing or equipment and respirators.

     (D) A statement that the employee has been informed by the physician of the results of the medical examination and any medical conditions resulting from benzene exposure which require further explanation or treatment.

     (ii) The written opinion obtained by the employer shall not reveal specific records, findings, and diagnoses that have no bearing on the employee's ability to work in a benzene-exposed workplace.

     (h) Medical removal plan.

     (i) When a physician makes a referral to a hematologist/internist as required under (e)(ii) of this subsection, the employee shall be removed from areas where exposures may exceed the action level until such time as the physician makes a determination under (h)(ii) of this subsection.

     (ii) Following the examination and evaluation by the hematologist/internist, a decision to remove an employee from areas where benzene exposure is above the action level or to allow the employee to return to areas where benzene exposure is above the action level shall be made by the physician in consultation with the hematologist/internist. This decision shall be communicated in writing to the employer and employee. In the case of removal, the physician shall state the required probable duration of removal from occupational exposure to benzene above the action level and the requirements for future medical examinations to review the decision.

     (iii) For any employee who is removed pursuant to (h)(ii) of this subsection, the employer shall provide a follow-up examination. The physician, in consultation with the hematologist/internist, shall make a decision within six months of the date the employee was removed as to whether the employee shall be returned to the usual job or whether the employee should be removed permanently.

     (iv) Whenever an employee is temporarily removed from benzene exposure pursuant to (h)(i) or (ii) of this subsection, the employer shall transfer the employee to a comparable job for which the employee is qualified (or can be trained for in a short period) and where benzene exposures are as low as possible, but in no event higher than the action level. The employer shall maintain the employee's current wage rate, seniority, and other benefits. If there is no such job available, the employer shall provide medical removal protection benefits until such a job becomes available or for six months, whichever comes first.

     (v) Whenever an employee is removed permanently from benzene exposure based on a physician's recommendation pursuant to (h)(iii) of this subsection, the employee shall be given the opportunity to transfer to another position which is available or later becomes available for which the employee is qualified (or can be trained for in a short period) and where benzene exposures are as low as possible but in no event higher than the action level. The employer shall assure that such employee suffers no reduction in current wage rate, seniority, or other benefits as a result of the transfer.

     (i) Medical removal protection benefits.

     (i) The employer shall provide to an employee six months of medical removal protection benefits immediately following each occasion an employee is removed from exposure to benzene because of hematological findings pursuant to (h)(i) and (ii) of this subsection, unless the employee has been transferred to a comparable job where benzene exposures are below the action level.

     (ii) For the purposes of this section, the requirement that an employer provide medical removal protection benefits means that the employer shall maintain the current wage rate, seniority, and other benefits of an employee as though the employee had not been removed.

     (iii) The employer's obligation to provide medical removal protection benefits to a removed employee shall be reduced to the extent that the employee receives compensation for earnings lost during the period of removal either from a publicly or employer-funded compensation program, or from employment with another employer made possible by virtue of the employee's removal.

     (10) Communication of benzene hazards to employees.

     (a) Signs and labels.

     (i) The employer shall post signs at entrances to regulated areas. The signs shall bear the following legend:

DANGER BENZENE CANCER HAZARD FLAMMABLE-NO SMOKING AUTHORIZED PERSONNEL ONLY RESPIRATOR REQUIRED

     (ii) The employer shall ensure that labels or other appropriate forms of warning are provided for containers of benzene within the workplace. There is no requirement to label pipes. The labels shall comply with the requirements of WAC 296-800-170 and in addition shall include the following legend:

DANGER CONTAINS BENZENE CANCER HAZARD

     (b) Material safety data sheets.

     (i) Employers shall obtain or develop, and shall provide access to their employees, to a material safety data sheet (MSDS) which addresses benzene and complies with WAC 296-62-054 and 296-800-170.

     (ii) Employers who are manufacturers or importers shall:

     (A) Comply with subsection (1) of this section; and

     (B) Comply with the requirement in WISHA's hazard communication standard, WAC 296-62-054 (Hazard communication purpose), that they deliver to downstream employers an MSDS which addresses benzene.

     (c) Information and training.

     (i) The employer shall provide employees with information and training at the time of their initial assignment to a work area where benzene is present. If exposures are above the action level, employees shall be provided with information and training at least annually thereafter.

     (ii) The training program shall be in accordance with the requirements of WAC 296-800-170, and shall include specific information on benzene for each category of information included in that section.

     (iii) In addition to the information required under WAC 296-800-170, the employer shall:

     (A) Provide employees with an explanation of the contents of this section, including Appendices A and B, and indicate to them where the standard is available; and

     (B) Describe the medical surveillance program required under subsection (9) of this section, and explain the information contained in Appendix C.

     (11) Recordkeeping.

     (a) Exposure measurements.

     (i) The employer shall establish and maintain an accurate record of all measurements required by subsection (5) of this section, in accordance with WAC 296-62-052.

     (ii) This record shall include:

     (A) The dates, number, duration, and results of each of the samples taken, including a description of the procedure used to determine representative employee exposures;

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

     (C) A description of the type of respiratory protective devices worn, if any; and

     (D) The name, Social Security number, job classification, and exposure levels of the employee monitored and all other employees whose exposure the measurement is intended to represent.

     (iii) The employer shall maintain this record for at least the duration of employment plus thirty years, in accordance with Part B, Access to records, WAC 296-62-052 through 296-62-05223.

     (b) Medical surveillance.

     (i) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance required by subsection (9) of this section, in accordance with WAC 296-62-052.

     (ii) This record shall include:

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

     (B) The employer's copy of the physician's written opinion on the initial, periodic, and special examinations, including results of medical examinations and all tests, opinions, and recommendations;

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

     (D) A copy of the information provided to the physician as required by subsection (9)(f)(ii) through (v) of this section; and

     (E) A copy of the employee's medical and work history related to exposure to benzene or any other hematologic toxins.

     (iii) The employer shall maintain this record for at least the duration of employment plus thirty years, in accordance with Part B, Access to records, WAC 296-62-052 through 296-62-05223.

     (c) Availability.

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

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

     (iii) Employee medical records required by this subsection shall be provided upon request for examination and copying, to the subject employee, to anyone having the specific written consent of the subject employee, and to the director in accordance with WAC 296-62-052.

     (d) Transfer of records.

     (i) The employer shall comply with the requirements involving transfer of records set forth in WAC 296-62-05205.

     (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 notify the director, at least three months prior to disposal, and transmit them to the director if required by the director within that period.

     (12) Observation of monitoring.

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

     (b) Observation procedures. When observation of the measuring or monitoring of employee exposure to benzene requires entry into areas where the use of protective clothing and equipment or respirators is required, the employer shall provide the observer with personal protective clothing and equipment or respirators required to be worn by employees working in the area, assure the use of such clothing and equipment or respirators, and require the observer to comply with all other applicable safety and health procedures.

     (13) Appendices. The information contained in WAC 296-62-07525, Appendices A, B, C, and D is not intended, by itself, 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, § 296-62-07523, filed 5/9/01, effective 9/1/01; 99-10-071, § 296-62-07523, filed 5/4/99, effective 9/1/99. Statutory Authority: Chapter 49.17 RCW. 88-21-002 (Order 88-23), § 296-62-07523, filed 10/6/88, effective 11/7/88.]

OTS-7288.1

     Definition:

     Exposure is the contact an employee has with benzene, whether or not protection is provided by respirators or other personal protective equipment (PPE). Exposure can occur through various routes of entry such as inhalation, ingestion, skin contact, or skin absorption.

Exemptions:	This chapter does not apply to any of the following:
	• Liquids, vapors, mixtures in containers or pipelines, and gas in natural gas processing plants when benzene content is 0.1% or less.
	• Gasoline and other fuels containing benzene once they leave the final bulk wholesale facility and are being:
	– Transported;
	– Sold;
	– Distributed;
	– Stored;
	– Dispensed either:
	&sqbul; Outdoors;
	OR
	&sqbul; Indoors four hours or less a day.
	– Used as a fuel.
	• Laboratories subject to the requirements in hazardous chemicals in laboratories, WAC 296-62-400, the General occupational health standards, chapter 296-62 WAC.
	• Oil and gas drilling, production, and servicing operations.
	• Solid materials that contain only trace amounts of benzene.
	• Coke ovens.

     All requirements in this chapter will not apply to every workplace. Follow these steps to find out which requirements apply to you.

     Step 1: If any of your work tasks are listed in Table 1, follow Table 1.

     • Go to Step 2a if you have additional work tasks or other exposures that are not covered in Table 1.

Table 1
     Requirements that Apply to Specific Tasks

     • This includes completing an exposure evaluation, as specified in Conduct employee exposure evaluations, WAC 296-849-11060, to:

     – Measure employee fifteen-minute and eight-hour exposure concentrations of airborne benzene;

     AND

     – Determine if employee exposure concentrations are above, at, or below these values:

     &sqbul; Eight-hour time-weighted average (TWA₈). . . . . . . . 1 parts per million (ppm).

     &sqbul; Fifteen-minute short-term exposure limit (STEL). . . . 5 ppm.

     &sqbul; Eight-hour action level (AL). . . . . . . . 0.5 ppm.

     Step 2b: Use employee exposure concentrations and follow Table 2 to find out which sections apply.

Table 2
     Section Application

[]

     Summary:

     Your responsibility:

     To measure and minimize employee exposure to benzene.

     IMPORTANT:

     To determine which requirements to follow for your work tasks, go to Table 1 in the scope of this chapter, WAC 296-849-100.

     Contents:

     Use preventive practices

     WAC 296-849-11010.

     Establish exposure control areas

     WAC 296-849-11020.

     Conduct employee exposure evaluations

     WAC 296-849-11030.

     Provide and use personal protective equipment (PPE)

     WAC 296-849-11040.

     Train employees

     WAC 296-849-11050.

     Follow rules for observing exposure measurement

     WAC 296-849-11065.

     Notify employees

     WAC 296-849-11070.

     Establish employee exposure records

     WAC 296-849-11090.

[]

     You must:

     • Make sure containers of benzene in the workplace are labeled, tagged, or marked with this warning:

Note:

Containers should be kept tightly covered when not in use. This helps prevent unnecessary exposure and accidental spills.

References:	Additional requirements are found in other chapters as follows:
	• For spills, leaks, or other releases of benzene, go to Emergency response, chapter 296-     824 WAC.
	• For labeling go to:
	– The Safety and health core rules, chapter 296-800 WAC, and find Label containers holding hazardous chemicals, WAC 296-800-17025;
	AND
	– Material safety data sheet and label preparation, chapter 296-839 WAC.

[]

     You must:

     • Establish temporary or permanent exposure control areas where airborne concentrations of benzene are above, or can be reasonably expected to be above, the permissible exposure limits (PELs) for benzene by doing all the following:

     – Distinguish the boundaries of exposure control areas from the rest of the workplace in any way that minimizes employee access.

     – Post signs at access points to exposure control areas that include this warning:

Note:	• You may use permanent or temporary enclosures, caution tape, ropes, painted lines on surfaces, or other materials to visibly distinguish these areas or separate them from the rest of the workplace.
	• When distinguishing exposure control areas you should consider factors such as:
	– The level and duration of airborne exposure.
	– Whether the area is permanent or temporary.
	– The number of employees in adjacent areas.

Reference:

If exposure control areas are established, go to Provide and use respirators, WAC 296-849-13045.

[]

     IMPORTANT:

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

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

     You must:

     • Conduct an employee exposure evaluation to determine airborne concentrations of benzene by completing Steps 1 through 7 of the exposure evaluation process, each time any of the following apply:

     – No evaluation has been conducted.

     &sqbul; You have up to thirty days to complete an evaluation once benzene is introduce into your workplace.

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

     &sqbul; Production.

     &sqbul; Processes.

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

     &sqbul; Personnel.

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

     – Spills, leaks, or other releases have been cleaned up.

Note:

As part of your exposure evaluation after cleanup, you will make sure exposure concentrations have returned to prerelease concentrations.

     Exposure evaluation process.

     IMPORTANT:

     If you are evaluating employee exposures during cleaning and repair of barges and tankers that contained benzene:

     • Collect samples that effectively measure benzene concentrations that employees may be exposed to;

     AND

     • Skip to Step 7.

     Step 1: Identify all employees who have exposure to benzene in your workplace.

     Step 2: Identify operations where fifteen-minute exposures could exceed benzene's short-term exposure limit (STEL) of 5 parts per million (ppm).

     • Include operations where it is reasonable to expect high, fifteen-minute exposures, such as operations where:

     – Tanks are opened, filled, unloaded, or gauged.

     – Containers or process equipment are opened.

     – Benzene is used as a solvent for cleaning.

Note:

You may use sampling devices such as colorimetric indicator tubes or real-time monitors to screen for activities where employee exposure concentrations could be high.

     Step 3: Select employees from those working in the operations you identified in Step 2 who will have their fifteen-minute exposures measured.

     Step 4: Select employees from those identified in Step 1 who will have their eight-hour exposures measured.

     • Make sure the exposures of the employees selected represent:

     – Eight-hour exposures for all employees identified at Step 1;

     AND

     – Each job classification, work area, and shift for employees identified in Step 1.

Note:

• You need to keep a written description of your sample collection strategy in the records required by Establish employee exposure records, WAC 296-849-11090.

     • The purpose of a sample collection strategy is to make sure the variety of exposures occurring in your workplace is represented by your exposure evaluation.

     • Following Steps 3 through 6 of this evaluation process will help you create your sample collection strategy.

     Step 5: Select and use sample collection and analysis methods that are accurate to ±25%, with a confidence level of 95%.

Note:	Here are examples of methods that meet this accuracy requirement:
	• OSHA Method 12 for air samples.
	• NIOSH Method 1500.

Links:	To access the OSHA method, go to http://www.osha.gov/dts/sltc/methods/toc.html.
	To access the NIOSH method, go to http://www.cdc.gov/niosh/homepage.html and link to the NIOSH Manual of Analytical Methods.

     Step 6: Measure employee exposure concentrations by collecting air samples representative of employees identified at Step 1.

     • When collecting samples make sure:

     – You collect samples from each selected employee's breathing zone.

     &sqbul; Collecting area samples is permitted after emergency releases.

     – You collect fifteen-minute samples from employees selected at Step 3.

     – You collect at least one sample representing the eight-hour exposure for each employee selected at Step 4.

Note:	• You may use any sampling method that meets the accuracy requirement in Step 4. Examples of these methods include:
	– Real-time monitors that provide immediate exposure concentration measurements.
	– Equipment that collects samples that are sent to a laboratory for analysis.
	• The following are examples of methods for collecting samples representative of eight-hour exposures:
	– Collect one or more continuous samples, for example, a single eight-hour sample or four four-hour samples.
	– Take a minimum of five brief samples (also called grab samples) during the work shift at randomly determined times.
	• If you collect samples during work shifts longer than eight hours, collect samples from the eight-hour portion of the shift expected to have the highest exposure concentration.

     Step 7: Have the samples you collected analyzed to obtain employee exposure concentrations for eight-hour and fifteen-minute exposures.

     • Go to the scope of this chapter, WAC 296-849-100, and compare employee exposure concentrations to the values found in Step 2a and follow Step 2b to determine if additional chapter sections apply.

Note:	• You may contact your local WISHA consultant for help:
	– Interpreting data or other information.
	– Calculating eight-hour or fifteen-minute employee exposure concentrations.
	• To contact a WISHA consultant, go to another chapter, the Safety and health core rules, chapter 296-800 WAC, and find Service locations for L&I within the resources section.

[]

     You must:

     • Make sure employees wear appropriate PPE as protection from skin or eye contact with liquid benzene.

Note:

Harmful amounts of benzene can enter the body through skin and eye contact.

Reference:

To see additional personal protective equipment requirements, go to the Safety and health core rules, chapter 296-800 WAC.

[]

     You must:

     • Provide training and information to employees:

     – At the time of initial assignment to a work area where benzene is present;

     AND

     – At least every twelve months for employees exposed to airborne concentrations at or above the action level (AL) of 0.5 parts per million (ppm).

     • Make sure training and information includes:

     – Specific information on benzene for each hazard communication training topic. For the list of hazard communication training tropics, go to the Safety and health core rules, chapter 296-800 WAC, and find Inform and train your employees about hazardous chemicals in your workplace, WAC 296-800-17030;

     AND

     – An explanation of the contents of each of the following and guidance about where to find a copy:

     &sqbul; This chapter.

     &sqbul; The following found in another chapter, the General occupational health standards, chapter 296-62 WAC:

     ♦ The substance safety data sheet -- benzene, found in WAC 296-62-07525, Appendix A.

     ♦ The substance technical guidelines -- benzene, found in WAC 296-62-07527, Appendix B.

     ♦ The medical surveillance guidelines for benzene, found in WAC 296-62-07529, Appendix C;

     AND

     – A description of the medical evaluation requirements of this chapter found in:

     &sqbul; Make medical evaluations available, WAC 296-849-12030;

     AND

     &sqbul; Remove employees from benzene exposure, WAC 296-849-12050.

Reference:	To see additional training and information requirements:
	• Go to the Safety and health core rules, chapter 296-800 WAC;
	AND
	• Find employer chemical hazard communication, WAC 296-800-170.

[]

     You must:

     (1) Provide affected employees and their designated representatives an opportunity to observe the measurement or monitoring activity during Step 6 of the exposure evaluation process found in exposure evaluations, WAC 296-849-11030.

     (2) Make sure observers who need to enter areas with benzene exposure to observe exposure measurement or monitoring:

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

     AND

     • Follow safety and health requirements that apply.

[]

     You must:

     • Provide written notification about employee exposure concentrations to the employees represented by your exposure evaluation within five business days after employee exposure concentrations become known to you.

     – In addition, when employee exposure concentrations are above a permissible exposure limit (PEL), provide written notification within fifteen business days after these exposure concentrations become known to you, of the following:

     &sqbul; Corrective actions being taken and a schedule for completion;

     AND

     &sqbul; Any reason why exposures cannot be lowered to below the PELs for benzene.

Note:	• You can notify employees individually or post the notifications in areas readily accessible to affected employees.
	• When notifying employees about corrective actions, your notification may refer them to a separate document that is available and provides the required information.

[]

     You must:

     • Establish complete and accurate employee exposure records that include at least the following:

     – The name, Social Security number, or other unique identifier, and job classification of:

     &sqbul; The employee sampled;

     AND

     &sqbul; All other employees represented by the sampled employee.

     – The type of respirator worn, if any.

     – A description of the sample collection and analysis methods used.

     – A description of the sample collection strategy used to determine representative employee exposures.

     – The dates, number, durations, and results of each sample taken.

Note:

It is useful to record any personal protective equipment worn by the employee, in addition to the type of respirator worn.

Reference:

To see additional requirements for employee exposure records including access, maintenance, and transfer requirements, go to Employee medical and exposure records, chapter 296-802 WAC.

[]

     Summary:

     Your responsibility:

     To detect any significant changes in employee health and exposure concentrations.

     IMPORTANT:

     These sections apply when employee exposure concentrations are either:

     • At or above the action level (AL) of 0.5 parts per million (ppm) for benzene;

     OR

     • Above either of the permissible exposure limits for benzene.

     Contents

     Conduct periodic employee exposure evaluations

     WAC 296-849-12010.

     Make medical evaluations available

     WAC 296-849-12030.

     Remove employees from benzene exposures

     WAC 296-849-12050.

     Maintain employee medical records

     WAC 296-849-12080.

[]

     You must:

     • Monitor employee exposure concentrations as specified in Table 3, by repeating Steps 6 and 7 of the exposure evaluation process found in Conduct employee exposure evaluations, WAC 296-849-11030.

Note:

If you document that one work shift consistently has higher exposure concentrations than another for a particular operation, then you can limit sample collection to the work shift with higher exposures.

Periodic Exposure Evaluation Frequencies
     Table 3

[]

     IMPORTANT:

     Medical evaluations conducted under this section will satisfy the medical evaluation requirement found in Respirators, chapter 296-842 WAC.

     You must:

     (1) Provide the relevant medical follow-up specified in Tables 4 and 5 to any employee exposed to benzene during an emergency.

     (2) Make medical evaluations available to current employees who meet the following criteria, by completing Steps 1 through 6 of the medical evaluation process:

     • Potential or actual exposure to benzene at or above the action level (AL) for at least thirty days in any twelve-month period.

     • Potential or actual exposure to benzene at or above either permissible exposure limit (PEL) for at least ten days in a twelve-month period.

     • Past exposure to concentrations above 10 ppm benzene for at least thirty days in a twelve-month period before November 11, 1988.

     • Current or past work as a tire building machine operator using solvents containing more than 0.1% benzene during tire building operations.

     Helpful tool:

     Declination form for nonemergency related medical evaluations.

     You may use this optional form to document employee decisions to decline participation in part or all of your medical evaluation process.

     You must:

     (3) Make medical evaluations available at no cost to employees.

     • Pay all costs, including travel costs and wages associated with any time spent outside of the employee's normal work hours;

     AND

     • Make medical evaluations available at reasonable times and places.

     Medical evaluation process:

     Step 1: Identify employees who qualify for medical evaluations.

     Step 2: Make medical evaluations available for employees identified in Step 1 at these times:

     • Initially, before the employee starts a job or task assignment where benzene exposure will occur.

     • Every twelve months from the initial medical evaluation.

     • Whenever the employee develops signs or symptoms commonly associated with toxic benzene exposure.

     • After benzene exposure from an emergency.

     Step 3: Select a licensed health care professional (LHCP) who will conduct or supervise medical evaluations and make sure:

     • Individuals who conduct pulmonary function tests have completed a training course in spirometry sponsored by an appropriate governmental, academic, or professional institution, if they are not licensed physicians;

     AND

     • Your LHCP uses an accredited laboratory, such as one accredited by a nationally or state-recognized organization, to conduct laboratory tests.

     Step 4: Make sure the examining LHCP receives all of the following before performing the medical evaluation:

     • A copy of:

     – This chapter.

     – The following found in the General occupational health

     standards, chapter 296-62 WAC:

     &sqbul; The substance safety data sheet -- benzene found in WAC 296-62-07525, Appendix A.

     &sqbul; The substance technical guidelines -- benzene found in WAC 296-62-07527, Appendix B.

     &sqbul; The medical surveillance guidelines for benzene found in WAC 296-62-07529, Appendix C.

     • A description of the duties of each employee being evaluated and how the duties relate to benzene exposure.

     • Actual or representative exposure concentrations for each employee being evaluated.

     • A description of the personal protective equipment (PPE) each employee being evaluated uses or will use.

     • Information from employment-related physical examinations for each employee being evaluated when this information is not available to the examining LHCP.

     • Instructions that the written opinions LHCPs provide you for each employee, be limited to the following information:

     – Specific records, findings, or diagnosis relevant to the employee's ability to work around benzene.

     – The occupationally relevant results from examinations and tests.

     – A statement about whether or not medical conditions were found that would increase the employee's risk for impairment from exposure to benzene.

     – Any recommended limitations for benzene exposure.

     – Whether or not the employee can use respirators and any recommended limitations for respirator or other PPE use.

     – A statement that the employee has been informed of medical results and medical conditions caused by benzene exposure requiring further explanation or treatment.

     Step 5: Provide the medical evaluation to the employee. Make sure it includes the content listed in Table 4, Content of medical evaluations, and Table 5, Medical follow-up requirements.

     Step 6: Obtain the examining LHCP's written opinion for each employee's medical evaluation completed and give a copy to the employee within fifteen days of the evaluation date.

Note:

If the written opinion is not limited to the information specified at Step 4, send it back and obtain a revised version without the additional information.

     IMPORTANT:

     These tables apply when conducting medical evaluations, including medical follow-up for employees exposed to benzene during emergencies.

Table 4
     Content of Medical Evaluations

Table 5
     Medical Follow-up Requirements

[]

     IMPORTANT:

     This section applies when an employee is referred to a hematologist or an internist for follow-up medical examination and evaluation required in Table 5, medical follow-up requirements found in medical evaluations, WAC 296-849-12030.

     You must:

     (1) Remove the employee from areas where benzene exposure is above the action level (AL) by doing either of the following:

     • Transfer the employee to a job currently available that:

     – The employee qualifies for, or could be trained for in a short period of time;

     AND

     – Will keep the employee's exposure to benzene as low as possible and never above the AL;

     OR

     • Remove the employee from the workplace until either:

     – A job becomes available that:

     &sqbul; The employee qualifies for, or could be trained for in a short period of time;

     AND

     &sqbul; Will keep the employee's exposure to benzene as low as possible and never above the AL;

     OR

     – The employee is returned to work or permanently removed from benzene exposure as determined by completing the Medical evaluation process for removed employees.

     (2) Maintain the employee's current pay rate, seniority, and other benefits.

Note:	If you must provide medical removal benefits and the employee will receive compensation for lost pay from other sources, you may reduce your medical removal benefit obligation to offset the amount provided by these sources. Examples of other sources are:
	• Public or employer-funded compensation programs;
	• Employment by another employer, made possible by the employee's removal.

     You must:

     (3) Complete Steps 1 through 4 of the medical evaluation process for removed employees, within six months of the date the licensed health care professional (LHCP) refers an employee to a hematologist or internist for follow-up.

     • Make sure all examinations and evaluations are provided at no cost to the employee.

     – Make examinations and evaluations available at reasonable times and places;

     AND

     – Pay for travel costs and wages, including any time spent outside of the employee's normal work hours.

     Medical evaluation process for removed employees:

     Step 1: Make sure the following is provided to the hematologist or internist:

     • The information you provided to the LHCP in Step 4 of medical evaluations, WAC 296-849-12030;

     • The employee's medical record as described in medical records.

Note:

The examining LHCP may provide this information for you.

     Step 2: Provide the employee an examination and evaluation by a hematologist or internist.

     • When the examination and evaluation is completed, you and the employee must be informed, in writing, of the referring LHCP's decision to continue or end the employee's removal from benzene exposure.

     • Include the following in the LHCP's decision if removal of the employee continues:

     – The expected time period for removal to continue;

     AND

     – Requirements for future medical examinations to review the decision.

     • If the LHCP recommends the employee end removal and return to the usual job with benzene exposure, skip Steps 3 and 4.

     Step 3: Provide further medical examination and evaluation to the employee when the LHCP's decision from Step 2 informs you that medical removal must continue.

Note:	• During this step the LHCP, in consultation with the hematologist or internist, decides whether the employee:
	– May return to their usual job;
	OR
	– Should be permanently removed from exposures that exceed the AL.
	• If the LHCP recommends the employee return to their usual job, skip Step 4.

     Step 4: When the LHCP recommends permanent removal for the employee, make sure all the following conditions are met:

     • The employee has an opportunity to transfer to another job that is currently available (or will become available);

     • The job is one the employee qualifies for, or could be trained for in a short period of time;

     • There is no reduction in the employee's current pay rate, seniority, and other benefits;

     • The employee's benzene exposures will be as low as possible, but never more than the AL.

[]

     IMPORTANT:

     This section applies when a medical evaluation is performed, or any time a medical record is created for an employee exposed to benzene.

     You must:

     • Maintain complete and accurate medical records for each employee receiving a medical evaluation and make sure the records include all the following:

     – The employee's name and Social Security number, or other unique identifier;

     – A copy of the licensed health care professional's (LHCP's) written opinions including written decisions and recommendations for the employee removed from exposure;

     – A copy of the information required in Step 4 of the medical evaluation process, found in WAC 296-849-12030, except for the copy of this chapter and the appendices listed.

Note:

Your medical provider may keep these records for you. Other medical records such as an employee's medical history, need to be kept as a confidential record by the medical provider and accessed only with the employee's consent.

Reference:

For additional employee medical record requirements, including access, maintenance, and transfer requirements go to Employee medical and exposure records, chapter 296-802 WAC.

[]

     Summary:

     Your responsibility:

     To protect employees from exposure to benzene by using feasible exposure controls and appropriate respirators.

     IMPORTANT:

     These sections apply when existing or potential employee exposure concentrations exceed either of the following permissible exposure limits (PELs):

     • The eight-hour time-weighted average (TWA₈) of 1 part per million (ppm);

     OR

     • The fifteen-minute short-term exposure limit (STEL) of 5 ppm.

     Contents:

     Establish an exposure control plan

     WAC 296-849-13005.

     Control employee exposures

     WAC 296-849-13020.

     Provide and use respirators

     WAC 296-849-13045.

[]

Exemption:

This section does not apply to the cleaning and repair of barges and tankers that contained benzene.

     You must:

     (1) Establish and implement a written exposure control plan for work areas where existing or potential exposures exceed either of the permissible exposure limit (PEL) for benzene.

     • Make sure the plan includes a schedule for developing and implementing feasible exposure controls to reduce benzene exposure to, or below, the PELs.

Reference:

To see examples of exposure controls, go to Respiratory hazards, chapter 296-841 WAC, and find Table 1 in Control employee exposure, WAC 296-841-20010.

Note:

Respirators and other personal protective equipment (PPE) help protect employees from exposures, but are not substitutes for feasible exposure controls.

     You must:

     • Review and update your exposure control plan as needed, based on the most recent exposure evaluation results.

     (2) Provide a copy of your exposure control plan to affected employees and their designated representatives when they ask to review or copy it.

[]

     IMPORTANT:

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

     You must:

     • Use feasible exposure controls to reduce exposures, as specified in Table 6.

Reference:

To see examples of exposure controls, go to Respiratory hazards, chapter 296-841 WAC, found in Table 1 in Control employee exposures, WAC 296-841-20010.

Table 6
     Exposure Control Requirements

[]

     IMPORTANT:

     These requirements are in addition to the requirements found in:

     • Respiratory hazards, chapter 296-841 WAC;

     • Respirators, chapter 296-842 WAC.

     You must:

     (1) Provide respirators and require that employees use them when exposure is above either permissible exposure limit (PEL) for benzene, including any of the following:

     • Employees are in an exposure control area;

     • Feasible exposure controls are being put in place;

     • Exposure controls are not feasible;

     • Feasible exposure controls do not reduce exposures to, or below, a PEL;

     • Emergencies.

     (2) Meet these requirements to protect employees from benzene exposure above a PEL:

     • Limit selection of escape respirators to either:

     – A full-facepiece organic vapor gas mask;

     OR

     – A full-facepiece self-contained breathing apparatus (SCBA);

     OR

     – A hood-style SCBA that operates in positive-pressure mode.

     • Make sure respirator cartridges or canisters are replaced at the beginning of each work shift, or sooner if their service life has expired.

     • Make sure canisters on gas masks and powered air-purifying respirators (PAPRs) have a minimum service life of four hours when tested under these conditions:

     – A benzene concentration of 150 ppm;

     – A temperature of 25°C;

     – A relative humidity of 85%;

     – A flow rate of one of the following:

     &sqbul; 64 liters per minute (lpm) for nonpowered air-purifying respirators;

     &sqbul; 115 lpm for tight-fitting PAPRs;

     &sqbul; 170 lpm for loose-fitting PAPRs.

     • Provide an employee a respirator with low breathing resistance, such as a PAPR or an air-line respirator when the:

     – Licensed health care professional's (LHCP's) written opinion recommends this type of respirator;

     AND

     – Employee cannot use a negative-pressure respirator.

[]

     Action level an airborne concentration of benzene of 0.5 parts per million (ppm) calculated as an eight-hour time-weighted average.

     Authorized personnel individuals specifically permitted by the employer to enter the exposure control area to perform necessary duties, or to observe employee exposure evaluations as a designated representative.

     Benzene liquid benzene, benzene vapor, and benzene in liquid mixtures and the vapors released by these liquids.

     The Chemical Abstract Service (CAS) Registry Number for benzene is 71-43-2. CAS numbers are internationally recognized and used on material safety data sheets (MSDSs) and other documents to identify substances. For more information see http://www.cas.org/about.

     Breathing zone the space around and in front of an employee's nose and mouth, forming a hemisphere with a 6- to 9-inch radius.

     Bulk wholesale storage facility any bulk terminal or bulk plant where fuel is stored before its delivery to wholesale customers.

     Container any container, except for pipes or piping systems, that contains benzene. It can be any of the following:

     • Barrel;

     • Bottle;

     • Can;

     • Cylinder;

     • Drum;

     • Reaction vessel;

     • Storage tank.

     Day any part of a calendar day.

     Designated representative any individual or organization to which an employee gives written authorization;

     OR

     A recognized or certified collective bargaining agent without regard to written employee authorization;

     OR

     The legal representative of a deceased or legally incapacitated employee.

     Emergency any event that could or does result in the unexpected significant release of benzene. Examples of emergencies include equipment failure, container rupture, or control equipment failure.

     Exposure the contact an employee has with benzene, whether or not protection is provided by respirators or other personal protective equipment (PPE). Contact can occur through various routes of entry such as inhalation, skin contact, or skin absorption.

     Licensed health care professional (LHCP) an individual whose legally permitted scope of practice allows him or her to provide some or all of the health care services required for medical evaluations.

     Permissible exposure limits (PELs) PELs are exposure concentrations to toxic substances or harmful agents that must not be exceeded. PELs are specified in various WISHA rules found in other chapters. The PELs for benzene are the:

     • Eight-hour time-weighted average (TWA₈) of 1 part per million (ppm);

     AND

     • Fifteen-minute short-term exposure limit (STEL) of 5 ppm.

     Short-term exposure limit (STEL) an exposure limit averaged over a fifteen-minute period that must not be exceeded during any part of an employee's workday.

     Time-weighted average (TWA₈) an exposure limit averaged over an eight-hour period that must not be exceeded during an employee's workday.

     Vapor control systems equipment that controls the vapor displaced when chemicals are loaded and unloaded from truck or storage tanks. It also processes or balances the vapor back into the truck or storage tanks.

[]

© Washington State Code Reviser's Office