WSR 19-01-094

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed December 18, 2018, 9:59 a.m., effective January 18, 2019]

Effective Date of Rule: Thirty-one days after filing.

Purpose: eRules Phase 9: Chapter 296-62 WAC, General occupational health standards. The purpose of adopting this rule making is to have a consistent format across all department of occupational safety and health (DOSH) rules. The updated format would provide easy access to rules from smart phones and tablet users. It will also provide easy navigation in PDF documents, as well as easier referencing by replacing bullets and dashes with numbers and letters. No rule requirements were changed as a result of this rule-making adoption. References, formatting and minor housekeeping changes were made throughout the chapter in this rule making. See below for a list of changes being adopted as proposed:

WAC 296-62-020 through WAC 296-62-50010.


•	Changed bullets to letters or numbers where applicable.
•	Changed "shall" to "must" where applicable.
•	Changed "shall be required to" to "must" where applicable.
•	Changed "shall assure" to "must ensure" where applicable.
•	Changed "assure" to "ensure" where applicable.
•	Removed numbers and quotation marks from all defined words.
•	Removed words/phrases such as "means," "as defined" or "is an" from all applicable definitions and replace[d] it with a period, making all definitions complete sentences.
•	Changed "his" or "her" to any variation of "their," "them" or "they" where applicable.

WAC 296-62-020 Definitions applicable to all sections of this chapter.


•	Updated outdated reference in definition of "Coal tar pitch volatiles" from WAC 296-62-07515 Table I to WAC 296-841-20025 Table 3.

WAC 296-62-07306 Requirements for areas containing carcinogens listed in WAC 296-62-07302.


•	Changed reference in subsection (2)(c) from WAC 296-62-07304(12) to 296-62-07304.
•	Removed outdated reference in subsections (2)(f)(vii)(B) and (2)(f)(viii)(B); in WAC 296-62-07310 there is no longer a subsection (4) after previous rule making and therefore that reference needs to be taken out.

WAC 296-62-07310 Signs, information and training.


•	Updated language in subsection (1)(a) to read: "The employer must post signs at entrances to regulated areas. The signs must bear the legend:"
•	Removed subsections (1)(c) and (d), and their outdated language referring to June 1, 2016, that is no longer relevant. Relettered the rest of the subsection.

WAC 296-62-07312 Reports.


•	Updated outdated reference under the "Carcinogens Standard Report" table from WAC 296-62-07308 to 296-62-07304.

WAC 296-62-07316 Premixed solutions.


•	Removed outdated reference in subsection (1)(c); in WAC 296-62-07310 there is no longer a subsection (4) after previous rule making and therefore that reference needs to be taken out.

WAC 296-62-07329 Vinyl chloride.


•	Removed subsections (12)(c) and (d) and their outdated language referring to June 1, 2016, that is no longer relevant.
•	Removed subsections (13)(b), (c), (d)(i) and (ii) and their outdated language referring to June 1, 2015, that is no longer relevant. Relettered the rest of the subsection.

WAC 296-62-07336 Acrylonitrile.


•	Removed subsection (16)(b)(iii) and its outdated language referring to June 1, 2016, that is no longer relevant.
•	Removed outdated language referring to June 1, 2015, from subsection (16)(c)(ii) that is no longer relevant. Renumbered the subsection.

WAC 296-62-07338 Appendix B—Substance technical guidelines for acrylonitrile.


•	Updated outdated reference in subsection (2)(a)(viii) from WAC 296-24-59207 to 296-800-300.
•	Updated outdated reference in subsection (2)(a)(ix) from WAC 296-24-95613 to 296-800-280.
•	Removed outdated reference in subsection (6) to WAC 296-24-120; those requirements are now in chapter 296-800 WAC, which is already listed.

WAC 296-62-07339 Appendix C—Medical surveillance guidelines for acrylonitrile.


•	In subsection (2)(a), removed the word "contract" and replaced it with the bracketed word "contact" that was next to it in the sentence. It appears this update was meant to be made previously, but it didn't occur. Removed the brackets around the word "contact."

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


•	Updated outdated reference in subsection (15)(a)(ii)(C) from "chapter 296-62 WAC, Part E" to "chapter 296-842 WAC," which is where respiratory protections are covered.
•	Removed subsection (16)(b)(ii) and its outdated language referring to June 1, 2016, that is no longer relevant. Renumbered the subsection.
•	Removed subsection (16)(c)(iii) and its outdated language referring to June 1, 2015, that is no longer relevant.

WAC 296-62-07373 Communication of EtO hazards.


•	Removed subsection (2)(a)(ii) and its outdated language referring to June 1, 2016, that is no longer relevant. Renumbered subsection.
•	Removed subsections (2)(b)(ii)(A) and (B) and (c) and its outdated language referring to June 1, 2015, that is no longer relevant. Relettered the subsection.

WAC 296-62-07425 Communication of cadmium hazards.


•	Removed outdated language referring to June 1, 2016, from subsection (4)(b) that is no longer relevant. Relettered the subsection.
•	Removed outdated language referring to June 1, 2015, from subsection (5)(b) that is no longer relevant. Relettered the subsection.
•	Updated outdated reference in subsection (6)(c)(ix) from "chapter 296-62 WAC, Part E" to "chapter 296-842 WAC," which is where respiratory protections are covered.

WAC 296-62-07460 1,3-Butadiene.


•	Updated outdated reference in subsection (10) from "WAC 296-62-3112 Hazardous waste operations and emergency responses" to "chapter 296-843 WAC, Hazardous waste operations."
•	Removed outdated language from subsection (14)(a) referring to "this section becoming effective in 1997." Relettered the subsection.
•	Removed subsection (14)[(b)](iii) and its outdated language referring to this subsection being "implemented by February 4, 2000."

WAC 296-62-07470 Methylene chloride.


•	Updated outdated reference in the "Note" under subsection (6)(d)(ii) from "WAC 296-62-3112" to "chapter 296-843 WAC."
•	Updated outdated reference in the "Note" under subsection (7)(d)(ii) from "WAC 296-62-07150 through 296-62-07516" to "WAC 296-842-14005."
•	Removed language referring to "medical surveillance" in subsection (10)(d)(i) that is outdated and no longer relevant.
•	Updated outdated reference in subsection (13)(e) from "WAC 296-62-05215" to "WAC 296-802-600 transfer and disposal of employee records."
•	Updated outdated reference in subsection (14)(d) from ["]WAC 296-62-07515" to "WAC 296-307-62610."

WAC 296-62-07473 Appendix A.


•	Removed outdated reference to "WAC 296-24-120" in subsection (V) "Housekeeping and Hygiene Facilities," those requirements are now in chapter 296-800 WAC, which is already listed.
•	Updated outdated reference in subsection (VI)(H) from "WAC 296-24-956" which was previously repealed to "WAC 296-24-957" where the electrical requirements are located.

WAC 296-62-07519 Thiram.


•	Updated outdated reference in subsection (1) from "WAC 296-62-07515" to "chapter 296-841 WAC, Airborne contaminants."
•	Updated outdated references in subsections (3)(c)(vi) and (ix) from "WAC 296-62-071" to "chapter 296-842 WAC, Respirators."

WAC 296-62-07521 Lead.


•	Updated subsection (5)(i) to "Reserved" and added subsection letter (j) to avoid confusion of how the subsections in (5) were listed.
•	Removed language from subsection (8)(b)(viii) referring to June 1, 2015, that is outdated and no longer relevant. Renumbered subsection.
•	Updated outdated reference in subsection (13)(v)(C) from "chapter 296-62 WAC, Part E" to "chapter 296-842 WAC" which is where respiratory protections are covered.
•	Removed subsection (14)(b)(v) and its outdated language referring to June 1, 2016, that is no longer relevant.
•	Removed language in subsection (17)(b)(xi) referring to June 1, 2016, that is outdated and no longer relevant.

WAC 296-62-07540 Formaldehyde.


•	Updated outdated reference in subsection (9)(a) from "WAC 296-24-120" to "WAC 296-800-230."

WAC 296-62-07601 Scope and application.


•	Removed outdated reference to "WAC 296-62-054" in subsection (4). Those requirements are located in chapter 296-901 WAC, which is already listed.

WAC 296-62-07619 Hygiene facilities and practices.


•	Updated outdated reference in subsection (2)(a)(i) from "WAC 296-24-12010" to "WAC 296-800-23065."

WAC 296-62-07621 Communication of hazards.


•	Removed subsection (2)(a)(ii) and its outdated language referring to June 1, 2016, that is no longer relevant. Relettered subsection.
•	Removed subsections (2)(b)(i) and (ii) and their outdated language referring to June 1, 2015, that is no longer relevant.
•	Updated outdated reference in subsection (4)(b)(iii) from "WAC 296-62-07625" to "WAC 296-62-07627" and also added a reference to WAC 296-62-07629 to cover all requirements regarding "medical removal."

WAC 296-62-07631 Recordkeeping.


•	Updated outdated references in subsections (3)(a), (4)(a), (d) and (6)(c) from "Part B of this chapter" to "chapter 296-802 WAC" which is where requirements regarding employee medical and exposure records are located.
•	Updated outdated reference in subsection (3)(c) from "Part B of this chapter" to "WAC 296-802-20010."
•	Updated outdated reference in subsection (6)(a) from "WAC 296-62-076" to "chapter 296-802 WAC."
•	Updated outdated reference in subsection (6)(b) from "WAC 296-800-170" to "chapter 296-800 WAC."

WAC 296-62-07637 Appendices.


•	Removed sentence referring to "respiratory fit testing in Appendix E of WAC 296-62-076," that section was previously repealed.

WAC 296-62-07711 Regulated areas.


•	Updated outdated reference in subsection (7) from "chapter 296-62 WAC, Part M" to "chapter 296-809 WAC," the requirements of Part M were previously moved.

WAC 296-62-07715 Respiratory protection.


•	Updated outdated reference in subsection (5)(b) from "WAC 296-62-07160 through 296-62-07162 and 296-62-07201 through 296-62-07248" to "chapter 296-842 WAC, Respirators."

WAC 296-62-07721 Communication of hazards.


•	Removed subsection (4)(b)(iii) and its outdated language referring to June 1, 2016, that is no longer relevant.
•	Removed subsection (5)(d) and its outdated language referring to June 1, 2015, that is no longer relevant.
•	Updated outdated reference in subsection (7) from "WAC 296-62-05413" to "WAC 296-901-14014."

WAC 296-62-14533 Cotton dust.


•	Removed subsection (10)(b) and its outdated language referring to June 1, 2016, that is no longer relevant. Also, removed letter (a) from subsection (10) for formatting purposes.

WAC 296-62-20021 Communication of hazards.


•	Removed subsections (2)(e) and (f) and their outdated language referring to June 1, 2016, that is no longer relevant.
•	Removed subsection (3)(b) and its outdated language referring to June 1, 2015, that is no longer relevant. Also, removed letter (a) from subsection (3) for formatting purposes.

WAC 296-62-50055 Implementation plan.


•	Removed subsections (1)(a)-(c) and their outdated language referring to implementing a "written hazardous drugs control program" by January 1, 2014, "training" by July 1, 2014 and "installation of appropriate ventilated cabinets" by January 1, 2015.
•	Removed subsection number (2) and replace subsection letters with numbers.

Citation of Rules Affected by this Order: Amending WAC 296-62-020 Definitions applicable to all sections of this chapter, 296-62-040 Unconstitutionality clause, 296-62-05520 Retain readily visible DOT labeling, 296-62-060 Control requirements in addition to those specified, 296-62-07302 Communication of hazards, 296-62-07304 Definitions, 296-62-07306 Requirements for areas containing carcinogens listed in WAC 296-62-07302, 296-62-07308 General regulated area requirements, 296-62-07310 Signs, information and training, 296-62-07312 Reports, 296-62-07314 Medical surveillance, 296-62-07316 Premixed solutions, 296-62-07329 Vinyl chloride, 296-62-07336 Acrylonitrile, 296-62-07338 Appendix B—Substance technical guidelines for acrylonitrile, 296-62-07339 Appendix C—Medical surveillance guidelines for acrylonitrile, 296-62-07340 Appendix D—Sampling and analytical methods for acrylonitrile, 296-62-07342 1,2-Dibromo-3-chloropropane, 296-62-07343 Appendix A—Substance safety data sheet for DBCP, 296-62-07355 Ethylene oxide, 296-62-07357 Definitions, 296-62-07359 Permissible exposure limits (PEL), 296-62-07361 Exposure monitoring, 296-62-07363 Regulated areas, 296-62-07365 Methods of compliance, 296-62-07369 Emergency situations, 296-62-07371 Medical surveillance, 296-62-07373 Communication of EtO hazards, 296-62-07375 Recordkeeping, 296-62-07377 Observation of monitoring, 296-62-07403 Definitions, 296-62-07405 Permissible exposure limit (PEL), 296-62-07407 Exposure monitoring, 296-62-07409 Regulated areas, 296-62-07411 Methods of compliance, 296-62-07415 Emergency situations, 296-62-07417 Protective work clothing and equipment, 296-62-07419 Hygiene areas and practices, 296-62-07421 Housekeeping, 296-62-07423 Medical surveillance, 296-62-07425 Communication of cadmium hazards, 296-62-07427 Recordkeeping, 296-62-07429 Observation of monitoring, 296-62-07441 Appendix A, substance safety data sheet—Cadmium, 296-62-07447 Appendix D—Occupational health history interview with reference to cadmium exposure directions, 296-62-07460 1,3-Butadiene, 296-62-07470 Methylene chloride, 296-62-07473 Appendix A, 296-62-07519 Thiram, 296-62-07521 Lead, 296-62-07540 Formaldehyde, 296-62-07544 Appendix B—Sampling strategy and analytical methods for formaldehyde, 296-62-07546 Appendix C medical surveillance—Formaldehyde, 296-62-07601 Scope and application, 296-62-07603 Definitions, 296-62-07605 Permissible exposure limits (PEL), 296-62-07607 Emergency situations, 296-62-07609 Exposure monitoring, 296-62-07611 Regulated areas, 296-62-07613 Methods of compliance, 296-62-07615 Respiratory protection, 296-62-07617 Protective work clothing and equipment, 296-62-07619 Hygiene facilities and practices, 296-62-07621 Communication of hazards, 296-62-07623 Housekeeping, 296-62-07625 Medical surveillance, 296-62-07627 Medical removal—Temporary medical removal of an employee, 296-62-07629 Medical removal protection benefits, 296-62-07631 Recordkeeping, 296-62-07633 Observation of monitoring, 296-62-07637 Appendices, 296-62-07703 Definitions, 296-62-07705 Permissible exposure limits (PEL), 296-62-07706 Multiemployer worksites, 296-62-07709 Exposure assessment and monitoring, 296-62-07711 Regulated areas, 296-62-07712 Requirements for asbestos activities in construction and shipyard work, 296-62-07715 Respiratory protection, 296-62-07717 Protective work clothing and equipment, 296-62-07719 Hygiene facilities and practices, 296-62-07721 Communication of hazards, 296-62-07722 Employee information and training, 296-62-07723 Housekeeping, 296-62-07725 Medical surveillance, 296-62-07727 Recordkeeping, 296-62-07728 Competent person, 296-62-07735 Appendix A—WISHA reference method—Mandatory, 296-62-07743 Appendix E—Interpretation and classification of chest roentgenograms—Mandatory, 296-62-07745 Appendix F—Work practices and engineering controls for automotive brake and clutch inspection, disassembly, repair and assembly—Mandatory, 296-62-08003 Hexavalent chromium, 296-62-08005 Definitions, 296-62-08007 Permissible exposure limit (PEL), 296-62-08009 Exposure determination, 296-62-08011 Regulated areas, 296-62-08013 Methods of compliance, 296-62-08015 Respiratory protection, 296-62-08017 Protective work clothing and equipment, 296-62-08019 Hygiene areas and practices, 296-62-08021 Housekeeping, 296-62-08023 Medical surveillance, 296-62-08025 Communication of chromium (VI) hazards, 296-62-08027 Recordkeeping, 296-62-08029 Dates, 296-62-09001 Definitions, 296-62-09004 Ionizing radiation, 296-62-09005 Nonionizing radiation, 296-62-09007 Pressure, 296-62-09009 Vibration, 296-62-09013 Temperature, radiant heat, or temperature-humidity combinations, 296-62-09510 Scope and purpose, 296-62-09520 Definitions, 296-62-11019 Spray-finishing operations, 296-62-135 Oxygen deficient atmospheres, 296-62-13605 Definition, 296-62-13615 Adequate system, 296-62-13620 Exhaust, 296-62-13625 Make-up air quantity, 296-62-13630 Design and operation, 296-62-13635 Compatibility of systems, 296-62-14533 Cotton dust, 296-62-14535 Appendix A—Air sampling and analytical procedures for determining concentrations of cotton dust, 296-62-14541 Appendix D—Pulmonary function standards for cotton dust standard, 296-62-20001 Definitions, 296-62-20003 Permissible exposure limit, 296-62-20005 Regulated areas, 296-62-20007 Exposure monitoring and measurement, 296-62-20009 Methods of compliance, 296-62-20013 Protective clothing and equipment, 296-62-20015 Hygiene facilities and practices, 296-62-20017 Medical surveillance, 296-62-20019 Employee information and training, 296-62-20021 Communication of hazards, 296-62-20023 Recordkeeping, 296-62-20025 Observation of monitoring, 296-62-50005 Scope, 296-62-50010 Definitions, and 296-62-50055 Implementation plan.

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

Adopted under notice filed as WSR 18-20-104 on October 2, 2018.

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 the Request of a Nongovernmental Entity: New 0, Amended 137, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 137, Repealed 0.

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

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 0, Amended 0, Repealed 0.

Date Adopted: December 18, 2018.

Joel Sacks

Director

AMENDATORY SECTION(Amending WSR 07-03-163, filed 1/24/07, effective 4/1/07)

WAC 296-62-020Definitions applicable to all sections of this chapter.

Unless the context indicates otherwise, words used in this chapter shall have the meaning given in this section.

(((1) "Adequate" or "effective" means))Adequate or effective. Compliance with terms and intent of these standards.

(((2) "Appendix" means))Appendix. References or recommendations to be used as guides in applying the provisions of this chapter.

(((3) "Approved" means))Approved. Approved by the director of the department of labor and industries or his authorized representative, or by an organization that is specifically named in a rule, such as Underwriters' Laboratories (UL), Mine Safety and Health Administration (MSHA), or the National Institute for Occupational Safety and Health (NIOSH).

(((4) "Authorized person" means))Authorized person. A person approved or assigned by the employer to perform a specific type of duty or duties or to be at a specific location or locations at the job site.

(((5) "Coal tar pitch volatiles"))Coal tar pitch volatiles. As used in WAC ((296-62-07515))296-841-20025, Table ((I))3, include the fused polycyclic hydrocarbons which volatilize from the distillation residues of coal, petroleum, (excluding asphalt), wood, and other organic matter. Asphalt (CAS 8052-42-4, and CAS 64742-93-4) is not covered under the "coal tar pitch volatiles" standard.

(((6) "Competent person" means))Competent person. One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective action to eliminate them.

(((7) "Department" means))Department. The department of labor and industries.

(((8) "Director" means))Director. The director of the department of labor and industries, or ((his))their designated representative.

(((9) "Employer" means))Employer. Any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees or who contracts with one or more persons, the essence of which is the personal labor of such person or persons and includes the state, counties, cities, and all municipal corporations, public corporations, political subdivisions of the state, and charitable organizations: Provided, That any persons, partnership, or business entity not having employees, and who is covered by the industrial insurance act shall be considered both an employer and an employee.

(((10) "Hazard" means))Hazard. That condition, potential or inherent, which can cause injury, death, or occupational disease.

(((11) "Occupational disease" means))Occupational disease. Such disease or infection as arises naturally and proximately out of employment.

(((12) "Qualified" means))Qualified. One who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated ability to solve or resolve problems relating to the subject matter, the work, or the project.

(((13) "Shall" or "must" means))Shall or must. Mandatory.

(((14) "Should" or "may" means))Should or may. Recommended.

(((15) "Suitable" means))Suitable. That which fits, or has the qualities or qualifications to meet a given purpose, occasion, condition, function, or circumstance.

(((16) "Worker," "personnel," "person," "employee,"))Worker, personnel, person, employee, and other terms of like meaning((,)). Unless the context of the provision containing such term indicates otherwise, mean an employee of an employer who is employed in the business of their employer whether by way of manual labor or otherwise and every person in this state who is engaged in the employment of or who is working under an independent contract the essence of which is their personal labor for an employer whether by manual labor or otherwise.

(((17) "Work place" means))Work place. Any plant, yard, premises, room, or other place where an employee or employees are employed for the performance of labor or service over which the employer has the right of access or control. This includes, but is not limited to, all work places covered by industrial insurance under Title 51 RCW, as now or hereafter amended.

(((18))) Abbreviations used in this chapter:

(((a) "ANSI" means))ANSI. American National Standards Institute.

(((b) "ASHRE" means))ASHRE. American Society of Heating and Refrigeration Engineers.

(((c) "BTU" means))BTU. British thermal unit.

(((d) "BTUH" means))BTUH. British thermal unit per hour.

(((e) "CFM" means))CFM. Cubic feet per minute.

(((f) "C.F.R." means))C.F.R. Code of Federal Register.

(((g) "CGA" means))CGA. Compressed Gas Association.

(((h) "ID" means))ID. Inside diameter.

(((i) "MCA" means))MCA. Manufacturing Chemist Association or Chemical Manufacturer Association (CMA).

(((j) "NEMA" means))NEMA. National Electrical Manufacturing Association.

(((k) "NFPA" means))NFPA. National Fire Protection Association.

(((l) "OD" means))OD. Outside diameter.

(((m) "WAC" means))WAC. Washington Administrative Code.

(((n) "WISHA" means))WISHA. Washington Industrial Safety and Health Act (chapter 80, Laws of 1973).

AMENDATORY SECTION(Amending Order 73-3, filed 5/7/73)

WAC 296-62-040Unconstitutionality clause.

In the event that any section, paragraph, sentence, clause, phrase or work of this chapter is declared unconstitutional or invalid for any reason the remainder of said standard or this chapter ((shall))must not be affected thereby.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-05520Retain readily visible DOT labeling.

You must((:

•))retain readily visible DOT labeling as specified in Table 1.

Table 1 Specifications for Retaining DOT Labeling
If you receive	Retain DOT markings, placards and labels UNTIL:
• Packages of hazardous materials	• Hazardous materials are sufficiently removed – Packaging must be ■ cleaned of residue ■ purged of vapors
• Freight containers • Rail freight cars • Motor vehicles • Transport vehicles	• Hazardous materials are sufficiently removed
• Nonbulk packages that will not be reshipped	• You replace the DOT labeling with labeling that complies with WAC 296-901-140((,)) Hazard communication

AMENDATORY SECTION(Amending WSR 02-16-047, filed 8/1/02, effective 10/1/02)

WAC 296-62-060Control requirements in addition to those specified.

Note:

The requirements in this section apply only to agriculture. The requirements for general industry relating to control requirements have been moved to chapter 296-800 WAC, Safety and health core rules.

(1) In those cases where no acceptable standards have been derived for the control of hazardous conditions, every reasonable precaution ((shall))must be taken to safeguard the health of the worker whether provided herein or not.

(2) Preservation of records.

(a) Scope and application. This section applies to each employer who makes, maintains or has access to employee exposure records or employee medical records.

(b) Definitions.

(i) (("))Employee exposure record((" -)). A record of monitoring or measuring which contains qualitative or quantitative information indicative of employee exposure to toxic materials or harmful physical agents. This includes both individual exposure records and general research or statistical studies based on information collected from exposure records.

(ii) (("))Employee medical record((" -)). A record which contains information concerning the health status of an employee or employees exposed or potentially exposed to toxic materials or harmful physical agents. These records may include, but are not limited to:

(A) The results of medical examinations and tests;

(B) Any opinions or recommendations of a physician or other health professional concerning the health of an employee or employees; and

(C) Any employee medical complaints relating to workplace exposure. Employee medical records include both individual medical records and general research or statistical studies based on information collected from medical records.

(c) Preservation of records. Each employer who makes, maintains, or has access to employee exposure records or employee medical records ((shall))must preserve these records.

(d) Availability of records. The employer ((shall))must make available, upon request, to the director, department of labor and industries, or his designee, all employee exposure records and employee medical records for examination and copying.

(e) Effective date. This standard shall become effective thirty days after filing with the code reviser.

(3) Monitoring of employees. The department ((shall))must use industrial hygiene sampling methods and techniques including but not limited to personal monitoring devices and equipment approved by the director or his designee for the purpose of establishing compliance with chapter 296-62 WAC.

(a) The employer ((shall))must permit the director or his designee to monitor and evaluate any workplace or employee in accordance with all provisions of this subsection.

(b) The employer ((shall))must not prevent or discourage an employee from cooperating with the department by restricting or inhibiting his/her participation in the use of personal monitoring devices and equipment in accordance with all provisions of this subsection.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-07302Communication of hazards.

(1) Hazard communication.

(a) Chemical manufacturers, importers, distributors, and employers ((shall))must comply with all requirements of the Hazard Communication Standard (HCS), WAC 296-901-140 for each carcinogen listed in subsection (2) of this section.

(b) In classifying the hazards of carcinogens listed in subsection (2) of this section, at least the hazards listed in subsection (2) of this section are to be addressed.

(c) Employers ((shall))must include the carcinogens listed in subsection (2) of this section in the hazard communication program established to comply with the HCS, WAC 296-901-140. Employers ((shall))must ensure that each employee has access to labels on containers of the carcinogens listed in subsection (2) of this section and to safety data sheets, and is trained in accordance with the requirements of HCS and subsection (2) of this section.

(2) List of carcinogens:

(a) 4-Nitrobiphenyl: Cancer (CAS 92-93-3).

(b) Alpha-Naphthylamine: Cancer; skin irritation; and acute toxicity effects (CAS 134-32-7).

(c) Methyl chloromethyl ether: Cancer; skin, eye and respiratory effects; acute toxicity effects; and flammability (CAS 107-30-2).

(d) 3,3'-Dichlorobenzidine (and its salts): Cancer and skin sensitization (CAS 91-94-1).

(e) Bis-Chloromethyl ether: Cancer; skin, eye, and respiratory tract effects; acute toxicity effects; and flammability (CAS 542-88-1).

(f) Beta-Naphthylamine: Cancer and acute toxicity effects (CAS 91-59-8).

(g) Benzidine: Cancer and acute toxicity effects (CAS 92-87-5).

(h) 4-Aminodiphenyl: Cancer (CAS 92-67-1).

(i) Ethyleneimine: Cancer; mutagenicity; skin and eye effects; liver effects; kidney effects; acute toxicity effects; and flammability (CAS 151-56-4).

(j) Beta-Propiolactone: Cancer; skin irritation; eye effects; and acute toxicity effects (CAS 57-57-8).

(k) 2-Acetylaminofluorene: Cancer (CAS 53-96-3).

(l) 4-Dimethylaminoazo-benzene: Cancer, skin effects; and respiratory tract irritation (CAS 60-11-7).

(m) N-Nitrosodimethylamine: Cancer; liver effects; and acute toxicity effects (CAS 62-75-9).

AMENDATORY SECTION(Amending WSR 02-12-098, filed 6/5/02, effective 8/1/02)

WAC 296-62-07304Definitions.

The definitions set forth in this section apply throughout WAC 296-62-073 through 296-62-07316.

(((1) Absolute filter -))Absolute filter. Is one capable of retaining 99.97 percent of a mono disperse aerosol of 0.3 micron size particles.

(((2) Authorized employee -))Authorized employee. An employee whose duties require him to be in the regulated area and who has been specifically assigned to those duties by the employer.

(((3) Clean change room -))Clean change room. A room where employees put on clean clothing and/or protective equipment in an environment free of carcinogens listed in WAC 296-62-07302. The clean change room shall be contiguous to and have an entry from a shower room, when the shower room facilities are otherwise required in this section.

(((4) Closed system -))Closed system. An operation involving carcinogens listed in WAC 296-62-07302 where containment prevents the release of carcinogens.

(((5) Decontamination -))Decontamination. The inactivation of a carcinogen listed in WAC 296-62-07302 or its safe disposal.

(((6) Disposal -))Disposal. The safe removal of a carcinogen listed in WAC 296-62-07302 from the work environment.

(((7) Emergency -))Emergency. An unforeseen circumstance or set of circumstances resulting in the release of a carcinogen which may result in exposure to or contact with any carcinogen listed in WAC 296-62-07302.

(((8) External environment -))External environment. Any environment external to regulated and nonregulated areas.

(((9) Isolated system -))Isolated system. A fully enclosed structure other than the vessel of containment of a listed carcinogen which is impervious to the passage of listed carcinogens and which would prevent the entry of carcinogens into regulated areas, nonregulated areas, or the external environment, should leakage or spillage from the vessel of containment occur.

(((10) Laboratory-type hood -))Laboratory-type hood. A device enclosed on three sides and the top and bottom, designed and maintained so as to draw air inward at an average linear face velocity of 150 feet per minute with a minimum of 125 feet per minute, designed, constructed and maintained such that an operation involving a listed carcinogen within the hood does not require the insertion of any portion of any employees' body other than his hands and arms.

(((11) Nonregulated area -))Nonregulated area. Any area under the control of the employer where entry and exit is neither restricted nor controlled.

(((12) Open-vessel system -))Open-vessel system. An operation involving listed carcinogens in an open vessel, which is not in an isolated system, a laboratory-type hood, nor in any other system affording equivalent protection against the entry of carcinogens into regulated areas, nonregulated areas, or the external environment.

(((13) Protective clothing -))Protective clothing. Clothing designed to protect an employee against contact with or exposure to listed carcinogens.

(((14) Regulated area -))Regulated area. An area where entry and exit is restricted and controlled.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-07306Requirements for areas containing carcinogens listed in WAC 296-62-07302.

(1) A regulated area ((shall))must be established by an employer where listed carcinogens are manufactured, processed, used, repackaged, released, handled or stored.

(2) All such areas ((shall))must be controlled in accordance with the requirements for the following category or categories describing the operation involved:

(a) Isolated systems. Employees working with carcinogens within an isolated system such as a "glove box" ((shall))must wash their hands and arms upon completion of the assigned task and before engaging in other activities not associated with the isolated system.

(b) Closed system operation. Within regulated areas where carcinogens are stored in sealed containers, or contained in a closed system including piping systems with any sample ports or openings closed while carcinogens are contained within:

(i) Access ((shall))must be restricted to authorized employees only;

(ii) Employees ((shall be required to))must wash hands, forearms, face and neck upon each exit from the regulated areas, close to the point of exit and before engaging in other activities.

(d) Transfer from a closed system. Charging or discharging point operations, or otherwise opening a closed system. In operations involving "laboratory-type hoods," or in locations where a carcinogen is contained in an otherwise "closed system," but is transferred, charged, or discharged into other normally closed containers, the provisions of this section shall apply.

(i) Access ((shall))must be restricted to authorized employees only;

(ii) Each operation ((shall))must be provided with continuous local exhaust ventilation so that air movement is always from ordinary work areas to the operation. Exhaust air ((shall))must not be discharged to regulated areas, nonregulated areas or the external environment unless decontaminated. Clean makeup air ((shall))must be introduced in sufficient volume to maintain the correct operation of the local exhaust system.

(iii) Employees ((shall))must be provided with, and required to wear, clean, full body protective clothing (smocks, coveralls, or long-sleeved shirt and pants), shoe covers and gloves prior to entering the regulated area.

(iv) Each employee engaged in handling operations involving the following carcinogens must be provided with and required to wear and use a NIOSH-certified self-contained breathing apparatus that has a full facepiece and is operated in a pressure-demand or other positive-pressure mode, or any supplied air respirator that has a full facepiece and is operated in a pressure-demand or other positive pressure mode in combination with an auxiliary self-contained positive-pressure breathing apparatus as required in chapter 296-842 WAC. A respirator affording higher levels of protection than this respirator may be substituted.

((•	Methyl Chloromethyl Ether;
•	bis-Chloromethyl Ether;
•	Ethylenemine;
•	beta-Propiolactone;
•	4-Amino Diphenyl.))

(A) Methyl Chloromethyl Ether;

(B) bis-Chloromethyl Ether;

(D) beta-Propiolactone;

(E) 4-Amino Diphenyl.

(v) Each employee engaged in handling operations involving the following carcinogens must be provided with, and required to wear and use, NIOSH-certified air-purifying, half-mask respirator with particulate filters as required in chapter 296-842 WAC. A respirator affording higher levels of protection than this respirator may be substituted.

((•	4-Nitrobiphenyl;
•	alpha-Naphthylamine;
•	4-4'Methylene bis(2-Chloroaniline);
•	3-3'Dichlorobenzidine (and its salts);
•	beta-Naphthylamine;
•	Benzidine;
•	2-acetylamino fluroene;
•	4-imethylaminoazobenzene;
•	n-nitrosodimethylamine.))

(A) 4-Nitrobiphenyl;

(B) alpha-Naphthylamine;

(D) 3-3'Dichlorobenzidine (and its salts);

(E) beta-Naphthylamine;

(F) Benzidine;

(G) 2-acetylamino fluroene;

(H) 4-imethylaminoazobenzene;

(I) n-nitrosodimethylamine.

must be provided with, and required to wear and use, a half-face, filter-type respirator certified for solid or liquid particulates with minimum efficiency rating of 95% as required in chapter 296-842 WAC. A respirator affording higher levels of protection than this respirator may be substituted.

(vi) Prior to each exit from a regulated area, employees ((shall be required to))must remove and leave protective clothing and equipment at the point of exit and at the last exit of the day, to place used clothing and equipment in impervious containers at the point of exit for purposes of decontamination or disposal. The contents of such impervious containers ((shall))must be identified, as required under WAC 296-62-07302.

(vii) Employees ((shall be required to))must wash hands, forearms, face and neck on each exit from the regulated area, close to the point of exit, and before engaging in other activities.

(viii) Employees ((shall be required to))must shower after the last exit of the day.

(ix) Drinking fountains are prohibited in the regulated area.

(e) Maintenance and decontamination activities. In clean up of leaks or spills, maintenance or repair operations on contaminated systems or equipment, or any operations involving work in an area where direct contact with carcinogens could result, each authorized employee entering the area ((shall))must:

(i) Be provided with and required to wear, clean, impervious garments, including gloves, boots and continuous-air supplied hood in accordance with WAC 296-800-160, and respiratory protective equipment required by this chapter 296-842 WAC;

(ii) Be decontaminated before removing the protective garments and hood;

(iii) ((Be required to))Shower upon removing the protective garments and hood.

(f) Laboratory activities. The requirements of this subdivision shall apply to research and quality control activities involving the use of carcinogens listed in WAC 296-62-07302.

(i) Mechanical pipetting aids ((shall))must be used for all pipetting procedures.

(ii) Experiments, procedures and equipment which could produce aerosols ((shall))must be confined to laboratory-type hoods or glove boxes.

(iii) Surfaces on which carcinogens are handled ((shall))must be protected from contamination.

(iv) Contaminated wastes and animal carcasses ((shall))must be collected in impervious containers which are closed and decontaminated prior to removal from the work area. Such wastes and carcasses ((shall))must be incinerated in such a manner that no carcinogenic products are released.

(v) All other forms of listed carcinogens ((shall))must be inactivated prior to disposal.

(vi) Laboratory vacuum systems ((shall))must be protected with high efficiency scrubbers or with disposable absolute filters.

(vii) Employees engaged in animal support activities ((shall))must be:

(A) Provided with, and required to wear, a complete protective clothing change, clean each day, including coveralls or pants and shirt, foot covers, head covers, gloves, and appropriate respiratory protective equipment or devices; and

(B) Prior to each exit from a regulated area, employees ((shall be required to))must remove and leave protective clothing and equipment at the point of exit and at the last exit of the day, to place used clothing and equipment in impervious containers at the point of exit for purposes of decontamination or disposal. The contents of such impervious containers ((shall))must be identified as required under WAC 296-62-07310 (2)((, (3) and (4)))and (3).

(C) Required to wash hands, forearms, face and neck upon each exit from the regulated area close to the point of exit, and before engaging in other activities; and

(D) Required to shower after the last exit of the day.

(viii) Employees, other than those engaged only in animal support activities, each day ((shall))must be:

(A) Provided with and required to wear a clean change of appropriate laboratory clothing, such as a solid front gown, surgical scrub suit, or fully buttoned laboratory coat.

(B) Prior to each exit from a regulated area, employees ((shall be required to))must remove and leave protective clothing and equipment at the point of exit and at the last exit of the day, to place used clothing and equipment in impervious containers at the point of exit for purposes of decontamination or disposal. The contents of such impervious containers shall be identified as required under WAC 296-62-07310 (2)((, (3) and (4)))and (3).

(C) Required to wash hands, forearms, face and neck upon each exit from the regulated area close to the point of exit, and before engaging in other activities.

(ix) Air pressure in laboratory areas and animal rooms where carcinogens are handled and bioassay studies are performed ((shall))must be negative in relation to the pressure in surrounding areas. Exhaust air ((shall))must not be discharged to regulated areas, nonregulated areas or the external environment unless decontaminated.

(x) There ((shall be no))must not be any connection between regulated areas and any other areas through the ventilation system.

(xi) A current inventory of the carcinogens ((shall))must be maintained.

(xii) Ventilated apparatus such as laboratory-type hoods, ((shall))must be tested at least ((semi-annually))semiannually or immediately after ventilation modification or maintenance operations, by personnel fully qualified to certify correct containment and operation.

AMENDATORY SECTION(Amending WSR 09-15-145, filed 7/21/09, effective 9/1/09)

WAC 296-62-07308General regulated area requirements.

(1) Respirator program. The employer must implement a respiratory protection program as required in chapter 296-62 WAC, Part E (except WAC 296-62-07130 (1) and (5) and 296-62-07131), which covers each employee required by this chapter to use a respirator.

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

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

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

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

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

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

(3) Hygiene facilities and practices.

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

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

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

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

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

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

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

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

(4) Contamination control.

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

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

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

(d) Dry sweeping and dry mopping are prohibited.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-07310Signs, information and training.

(1) Signs.

(a) The employer ((shall))must post signs at entrances to regulated areas ((with signs bearing)). The signs must bear the legend:

DANGER

(CHEMICAL IDENTIFICATION)

MAY CAUSE CANCER

AUTHORIZED PERSONNEL ONLY

(b) The employer ((shall))must post signs at entrances to regulated areas containing operations covered in WAC 296-62-07306 (2)(e). The signs ((shall))must bear the legend:

DANGER

(CHEMICAL IDENTIFICATION)

MAY CAUSE CANCER

WEAR AIR-SUPPLIED HOODS, IMPERVIOUS SUITS, AND PROTECTIVE EQUIPMENT IN THIS AREA

AUTHORIZED PERSONNEL ONLY

CANCER-SUSPECT AGENT

AUTHORIZED PERSONNEL ONLY

(d) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in (b) of this subsection:

CANCER-SUSPECT AGENT EXPOSED IN THIS AREA

IMPERVIOUS SUIT INCLUDING GLOVES, BOOTS, AND AIR-SUPPLIED HOOD

REQUIRED AT ALL TIMES

AUTHORIZED PERSONNEL ONLY

(e))) Appropriate signs and instructions ((shall))must be posted at the entrance to, and exit from, regulated areas, informing employees of the procedures that must be followed in entering and leaving a regulated area.

(2) Prohibited statements. No statements shall appear on or near any required sign, label, or instruction that contradicts or detracts from the effect of any required warning, information or instruction.

(3) Training and indoctrination.

(a) Each employee prior to being authorized to enter a regulated area, ((shall))must receive a training and indoctrination program including, but not necessarily limited to:

(i) The nature of the carcinogenic hazards of listed carcinogens, including local and systemic toxicity;

(ii) The specific nature of the operation involving carcinogens which could result in exposure;

(iii) The purpose for and application of the medical surveillance program, including, as appropriate, methods of self-examination;

(iv) The purpose for and application of decontamination practices and purposes;

(v) The purpose for and significance of emergency practices and procedures;

(vi) The employee's specific role in emergency procedures;

(vii) Specific information to aid the employee in recognition and evaluation of conditions and situations which may result in the release of listed carcinogens;

(viii) The purpose for and application of specific first-aid procedures and practices;

(ix) A review of this section at the employee's first training and indoctrination program and annually thereafter.

(b) Specific emergency procedures ((shall))must be prescribed, and posted, and employees, ((shall))must be familiarized with their terms, and rehearsed in their application.

AMENDATORY SECTION(Amending WSR 02-12-098, filed 6/5/02, effective 8/1/02)

WAC 296-62-07312Reports.

(1) Operations. Not later than October 30, 1974, the information required in ((WAC 296-62-07312 (1)))(a), (b), (c) and (d) of this ((section))subsection must be reported in writing to the Department of Labor and Industries, WISHA Services Division, Policy and Technical Services, P.O. Box 44610, Olympia, WA 98504-4610. Any changes in the information must also be reported in writing within 15 calendar days of the change.

(a) A brief description and in plant location of the area(s) regulated and the address of each regulated area;

(b) The name(s) and other identifying information as to the presence of listed carcinogens in each regulated area;

(d) The manner in which a carcinogen is present in each regulated area; e.g., whether it is manufactured, processed, used, repackaged, released, stored, or otherwise handled.

(2) Incidents. Incidents which result in the release of a listed carcinogen into any area where employees may be potentially exposed ((shall))must be reported in accordance with this subsection.

(a) The occurrence of the incident, including any facts obtainable at that time, as well as a report on any medical treatment of affected employees, must be reported within 24 hours to the Department of Labor and Industries, WISHA Services Division, Policy and Technical Services, P.O. Box 44610, Olympia, WA 98504-4610.

(b) A written report must be filed with the Department of Labor and Industries, WISHA Services Division, Policy and Technical Services, P.O. Box 44610, Olympia, WA 98504-4610, within 15 calendar days after the incident occurs, and must include:

(i) A specification of the amount of material released, the amount of time involved, and an explanation of the procedure used in determining this figure;

(ii) A description of the area involved, and the extent of known and possible employee exposure and area contamination;

(iii) A report of any medical treatment of affected employees, and any medical surveillance program implemented; and

(iv) An analysis of the circumstances of the incident, and measures taken or to be taken, with specific completion dates, to avoid further similar releases.

CARCINOGEN STANDARD REPORT
Company: . . . . . . . . . Plant Address: . . . . . . Date: . . . . . . . . . . . . .		Prepared By: . . . . . . . . . . Title: . . . . . . . . . . . . . . . .
Compound and Other Identifying Information	Description of Inplant Location of Regulated Area*		Number of Employees in Each Regulated Area* Normally Maintenance	Manner** In Which Compound is Present in Each Regulated Area*

*	See WAC ((296-62-07308))296-62-07304 for definition of "regulated area."
**	Indicated whether manufactured, processed, used, repackaged, released, stored, or if otherwise handled (describe).

AMENDATORY SECTION(Amending WSR 12-24-071, filed 12/4/12, effective 1/4/13)

WAC 296-62-07314Medical 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))their 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. The employer ((shall))must ensure that medical records are maintained and made available in accordance with chapter 296-802 WAC, Employee medical and exposure records.

(b) Records required by this section must be provided upon request to employees, designated representatives, and the director in accordance with 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.

AMENDATORY SECTION(Amending WSR 80-17-014, filed 11/13/80)

WAC 296-62-07316Premixed solutions.

(((1))) Where 4,4'-Methylene bis (2-chloroaniline) is present only in a single solution at a temperature not exceeding 220°F. the establishment of a regulated area is not required; however((,

(a))):

(1) Only authorized employees shall be permitted to handle such materials.

(((b)))(2) Each day employees ((shall))must be provided with and required to wear a clean change of protective clothing (smocks, coveralls, or long-sleeved shirts and pants), gloves and other protective garments and equipment necessary to prevent contact with the solution in the process used.

(((c)))(3) Employees ((shall be required to))must remove and leave protective clothing and equipment when leaving the work area at the end of the work day, or at any time solution is spilled on such clothing or equipment. Used clothing and equipment ((shall))must be placed in impervious containers for purposes of decontamination or disposal. The contents of such impervious containers ((shall))must be identified, as required under WAC 296-62-07310 (2)((,))and (3) ((and (4))).

(((d)))(4) Employees ((shall be required to))must wash hands and face after removing such clothing and equipment and before engaging in other activities.

(((e)))(5) Employees assigned to work covered by this section ((shall))must be deemed to be working in regulated areas for the purposes of WAC 296-62-07308 (1), (2)(a) and (b), and (3)(c) and (d), 296-62-07310, 296-62-07312 and 296-62-07314.

(((f)))(6) Work areas where solution may be spilled ((shall))must be:

(((i)))(a) Covered daily or after any spill with a clean covering; or

(((ii)))(b) Clean thoroughly, daily and after any spill.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-07329Vinyl chloride.

(1) Scope and application.

(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))Action level. A concentration of vinyl chloride of 0.5 ppm averaged over an eight-hour work day.

(b) (("Authorized person" means))Authorized person. Any person specifically authorized by the employer whose duties require ((him/her))them 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))Director. The director of department of labor and industries or ((his/her))their designated representative.

(d) (("Emergency" means))Emergency. A 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))Fabricated product. 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))Hazardous operation. 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. Polyvinyl chloride homopolymer or copolymer before such is converted to a fabricated product.

(h) (("Vinyl chloride" means))Vinyl chloride. 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.

(4) Monitoring.

(a) A program of initial monitoring and measurement ((shall))must 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))must be established. Such a program:

(i) ((Shall))Must 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))Must 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 five 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))must be performed.

(d) The method of monitoring and measurement ((shall))must have an accuracy (with a confidence level of 95 percent) of not less than plus or minus fifty percent from 0.25 through 0.5 ppm, plus or minus thirty-five percent from over 0.5 ppm through 1.0 ppm, plus or minus twenty-five percent over 1.0 ppm, (methods meeting these accuracy requirements are available from the director).

(e) Employees or their designated representatives ((shall))must be afforded reasonable opportunity to observe the monitoring and measuring required by this subsection.

(5) Regulated area.

(a) A regulated area ((shall))must 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))must be limited to authorized persons.

(6) Methods of compliance. Employee exposures to vinyl chloride ((shall))must 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))must 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))must nonetheless be used to reduce exposures to the lowest practicable level, and ((shall))must be supplemented by respiratory protection in accordance with subsection (7) of this section. A program ((shall))must 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))must be developed and furnished upon request for examination and copying to the director. Such plans ((shall))must 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 each employee an appropriate respirator that complies with the requirements of this section.

(b) Respirator program. The employer must develop, implement, and maintain a respiratory protection program as required in chapter 296-842 WAC, Respirators, which covers each employee required by this chapter to use a respirator. Exception: The requirements in WAC 296-842-13005 that address change out of vapor or gas respirator cartridges or canisters.

(i) Select and provide to employees appropriate respirators as specified in this section and WAC 296-842-13005 in the respirator rule.

(ii) Provide organic vapor cartridges that have a service life of at least one hour when employees use air-purifying respirators in vinyl chloride concentrations up to 10 parts per million (ppm).

(iii) Make sure the following respirators, when selected, are equipped with a canister with a service life of at least four hours when used in vinyl chloride concentrations up to 25 ppm:

(A) Helmet, hood, or full-facepiece PAPRs; or

(B) Gas masks with a front- or back-mounted canister.

(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))must 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))must 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))must be selected for the operation and its possible exposure conditions.

(b) Protective garments ((shall))must be provided clean and dry for each use.

(c) Emergency situations. A written operational plan for emergency situations ((shall))must be developed for each facility storing, handling, or otherwise using vinyl chloride as a liquid or compressed gas. Appropriate portions of the plan ((shall))must be implemented in the event of an emergency. The plan ((shall))must specifically provide that:

(i) Employees engaged in hazardous operations or correcting situations of existing hazardous releases ((shall))must be equipped as required in (a) and (b) of this subsection;

(ii) Other employees not so equipped ((shall))must 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))must be provided training in a program relating to the hazards of vinyl chloride and precautions for its safe use.

(a) The program ((shall))must 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))must be provided upon request to the director.

(10) Medical surveillance. A program of medical surveillance ((shall))must 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))must provide each such employee with an opportunity for examinations and tests in accordance with this subsection. All medical examinations and procedures ((shall))must be performed by or under the supervision of a licensed physician and ((shall))must 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))must 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))must be taken, including the following topics:

(A) Alcohol intake,

(B) Past history of hepatitis,

(D) Past history of blood transfusions, and

(E) Past history of hospitalizations.

(iii) A serum specimen ((shall))must be obtained and determinations made of:

(A) Total bilirubin,

(B) Alkaline phosphatase,

(D) Serum glutamic pyruvic transaminase (SGPT), and

(E) Gamma glustamyl transpeptidase.

(b) Examinations provided in accordance with this subdivision ((shall))must be performed at least:

(i) Every six months for each employee who has been employed in vinyl chloride or polyvinyl chloride manufacturing for ten years or longer; and

(ii) Annually for all other employees.

(d) A statement of each employee's suitability for continued exposure to vinyl chloride including use of protective equipment and respirators, ((shall))must be obtained from the examining physician promptly after any examination. A copy of the physician's statement ((shall))must be provided each employee.

(e) If any employee's health would be materially impaired by continued exposure, such employee ((shall))must be withdrawn from possible contact with vinyl chloride.

(f) Laboratory analyses for all biological specimens included in medical examinations ((shall))must be performed in laboratories licensed under 42 C.F.R. Part 74.

(g) If the examining physician determines that alternative medical examinations to those required by (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 (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))must be available upon request for examination and copying to authorized representatives of the director.

(11) Communication of hazards.

(a) Hazard communication – General.

(b) Chemical manufacturers, importers, distributors and employers ((shall))must comply with all requirements of the Hazard Communication Standard (HCS), WAC 296-901-140 for vinyl chloride and polyvinyl chloride.

(c) In classifying the hazards of vinyl chloride at least the following hazards are to be addressed: Cancer; central nervous system effects; liver effects; blood effects; and flammability.

(d) Employers ((shall))must include vinyl chloride in the hazard communication program established to comply with the HCS, WAC 296-901-140. Employers ((shall))must ensure that each employee has access to labels on containers of vinyl chloride and to safety data sheets, and is trained in accordance with the requirements of HCS and subsection (9) of this section.

(12) Signs.

(a) The employers ((shall))must post entrances to regulated areas with legible signs bearing the legend:

DANGER

VINYL CHLORIDE

MAY CAUSE CANCER

AUTHORIZED PERSONNEL ONLY

(b) The employer ((shall))must post signs at areas containing hazardous operations or where emergencies currently exist. The signs ((shall))must be legible and bear the legend:

DANGER

VINYL CHLORIDE

MAY CAUSE CANCER

WEAR RESPIRATORY PROTECTION AND PROTECTIVE CLOTHING IN THIS AREA

AUTHORIZED PERSONNEL ONLY

(((c) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in (a) of this subsection:

CANCER-SUSPECT AGENT IN THIS AREA PROTECTIVE EQUIPMENT REQUIRED AUTHORIZED PERSONNEL ONLY

(d) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in (b) of this subsection:

CANCER-SUSPECT AGENT IN THIS AREA

PROTECTIVE EQUIPMENT REQUIRED

AUTHORIZED PERSONNEL ONLY))

(13) Labels.

(a) In addition to the other requirements in this section, the employer ((shall))must ensure that labels for containers of polyvinyl chloride resin waste from reactors or other waste contaminated with vinyl chloride are legible and include the following information:

CONTAMINATED WITH VINYL CHLORIDE MAY CAUSE CANCER

(b) ((Prior to June 1, 2015, employers may include the following information on labels of containers of polyvinyl chloride resin waste from reactors or other waste contaminated with vinyl chloride in lieu of the labeling requirements in (a) of this subsection:

CONTAMINATED WITH VINYL CHLORIDE

CANCER-SUSPECT AGENT

(c) Prior to June 1, 2015, employers may include the following information for containers of polyvinyl chloride in lieu of the labeling requirements in subsection (11)(b) of this section:

POLYVINYL CHLORIDE (OR TRADE NAME) CONTAINS VINYL CHLORIDE VINYL CHLORIDE IS A CANCER-SUSPECT AGENT

(d) Containers of vinyl chloride shall be legibly labeled either:

(i) Prior to June 1, 2015, employers may include either the following information in either subsection (13)(d)(i) or (ii) of this section on containers of vinyl chloride in lieu of the labeling requirements in subsection (11)(b) of this section:

VINYL CHLORIDE EXTREMELY FLAMMABLE GAS UNDER PRESSURE CANCER-SUSPECT AGENT

(or)

(ii) In accordance with 49 C.F.R. Parts 170-189, with the additional legend applied near the label or placard:

CANCER-SUSPECT AGENT

(e))) 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.

(14) Records.

(a) All records maintained in accordance with this section ((shall))must include the name and Social Security number of each employee where relevant.

(b) Records of required monitoring and measuring and medical records ((shall))must be provided upon request to employees, designated representatives, and the director in accordance with chapter 296-802 WAC. These records ((shall))must be provided upon request to the director. Authorized personnel rosters ((shall))must also be provided upon request to the director.

(i) Monitoring and measuring records ((shall))must:

(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

(ii) Medical records ((shall))must be maintained for the duration of the employment of each employee plus 20 years, or 30 years, whichever is longer.

(d) Employees or their designated representatives ((shall))must be provided access to examine and copy records of required monitoring and measuring.

(e) Former employees ((shall))must 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))must be furnished to any physician designated by the employee.

(15) Reports.

(a) Not later than 1 month after the establishment of a regulated area, the following information ((shall))must be reported to the director. Any changes to such information ((shall))must be reported within fifteen 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))must be reported within twenty-four hours to the director. Upon request of the director, the employer ((shall))must 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 ten 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))must 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.

(16) 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 three to four 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 one 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.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-07336Acrylonitrile.

(1) Scope and application.

(a) This section applies to all occupational exposure to acrylonitrile (AN), Chemical Abstracts Service Registry No. 000107131, except as provided in (b) and (c) of this subsection.

(b) This section does not apply to exposures which result solely from the processing, use, and handling of the following materials:

(i) ABS resins, SAN resins, nitrile barrier resins, solid nitrile elastomers, and acrylic and modacrylic fibers, when these listed materials are in the form of finished polymers, and products fabricated from such finished polymers;

(ii) Materials made from and/or containing AN for which objective data is reasonably relied upon to demonstrate that the material is not capable of releasing AN in airborne concentrations in excess of 1 ppm as an eight-hour time-weighted average, under the expected conditions of processing, use, and handling which will cause the greatest possible release; and

(iii) Solid materials made from and/or containing AN which will not be heated above 170°F during handling, use, or processing.

(c) An employer relying upon exemption under (1)(b)(ii) ((shall))must maintain records of the objective data supporting that exemption, and of the basis of the employer's reliance on the data as provided in subsection (17) of this section.

(2) Definitions, as applicable to this section:

(a) (("Acrylonitrile" or "AN" -))Acrylonitrile or AN. Acrylonitrile monomer, chemical formula CH2=CHCN.

(b) (("Action level" -))Action level. A concentration of AN of 1 ppm as an eight-hour time-weighted average.

(c) (("Authorized person" -))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))Decontamination. Treatment of materials and surfaces by water washdown, ventilation, or other means, to ((assure))ensure that the materials will not expose employees to airborne concentrations of AN above 1 ppm as an eight-hour time-weighted average.

(e) (("Director" -))Director. The director of labor and industries, or ((his))their authorized representative.

(f) (("Emergency" -))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))Liquid AN. AN monomer in liquid form, and liquid or semiliquid polymer intermediates, including slurries, suspensions, emulsions, and solutions, produced during the polymerization of AN.

(h) (("Polyacrylonitrile" or "PAN" -))Polyacrylonitrile 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))must ensure that no employee is exposed to an airborne concentration of acrylonitrile in excess of two parts acrylonitrile per million parts of air (2 ppm), as an eight-hour time-weighted average.

(ii) Ceiling limit. The employer ((shall assure))must ensure that no employee is exposed to an airborne concentration of acrylonitrile in excess of 10 ppm as averaged over any fifteen-minute period during the working day.

(b) Dermal and eye exposure. The employer ((shall assure))must ensure that no employee is exposed to skin contact or eye contact with liquid AN or PAN.

(4) Notification of use and emergencies.

(a) Use. Within ten days of the effective date of this standard, or within fifteen days following the introduction of AN into the workplace, every employer ((shall))must report, unless he has done so pursuant to the emergency temporary standard, the following information to the director for each such workplace:

(i) The address and location of each workplace in which AN is present;

(ii) A brief description of each process of operation which may result in employee exposure to AN;

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

(iv) A brief description of the employer's safety and health program as it relates to limitation of employee exposure to AN. Whenever there has been a significant change in the information required by this subsection, the employer ((shall))must promptly amend such information previously provided to the director.

(b) Emergencies and remedial action. Emergencies, and the facts obtainable at that time, ((shall))must be reported within twenty-four hours of the initial occurrence to the director. Upon request of the director, the employer ((shall))must submit additional information in writing relevant to the nature and extent of employee exposures and measures taken to prevent future emergencies of a similar nature.

(5) Exposure monitoring.

(a) General.

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

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

(b) Initial monitoring. Each employer who has a place of employment in which AN is present ((shall))must monitor each such workplace and work operation to accurately determine the airborne concentrations of AN to which employees may be exposed. Such monitoring may be done on a representative basis, provided that the employer can demonstrate that the determinations are representative of employee exposures.

(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))must continue these quarterly measurements until at least two consecutive measurements taken at least seven days apart, are below the action level, and thereafter the employer may discontinue monitoring for that employee.

(ii) If the monitoring required by this section reveals employee exposure to be at or above the action level but below the permissible exposure limits, the employer ((shall))must repeat such monitoring for each such employee at least quarterly.

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

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

(e) Employee notification.

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

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

(f) Accuracy of measurement. The method of measurement of employee exposures ((shall))must be accurate, to a confidence level of ninety-five percent, to within plus or minus twenty-five percent for concentrations of AN at or above the permissible exposure limits, and plus or minus thirty-five percent for concentrations of AN between the action level and the permissible exposure limits.

(g) Weekly survey of operations involving liquid AN. In addition to monitoring of employee exposures to AN as otherwise required by this subsection, the employer ((shall))must survey areas of operations involving liquid AN at least weekly to detect points where AN liquid or vapor are being released into the workplace. The survey ((shall))must employ an infra-red gas analyzer calibrated for AN, a multipoint gas chromatographic monitor, or comparable system for detection of AN. A listing of levels detected and areas of AN release, as determined from the survey, ((shall))must be posted prominently in the workplace, and ((shall))must remain posted until the next survey is completed.

(6) Regulated areas.

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

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

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

(d) The employer ((shall assure))must ensure that in the regulated area, food or beverages are not present or consumed, smoking products are not present or used, and cosmetics are not applied, (except that these activities may be conducted in the lunchrooms, change rooms and showers required under subsection (13)(a) through (c) of this section.

(7) Methods of compliance.

(a) Engineering and work practice controls.

(i) The employer ((shall))must institute engineering or work practice controls to reduce and maintain employee exposures to AN, to or below the permissible exposure limits, except to the extent that the employer establishes that such controls are not feasible.

(ii) Wherever the engineering and work practice controls which can be instituted are not sufficient to reduce employee exposures to or below the permissible exposure limits, the employer ((shall))must nonetheless use them to reduce exposures to the lowest levels achievable by these controls and ((shall))must supplement them by the use of respiratory protection which complies with the requirements of subsection (8) of this section.

(b) Compliance program.

(i) The employer ((shall))must establish and implement a written program to reduce employee exposures to or below the permissible exposure limits solely by means of engineering and work practice controls, as required by subsection (7)(a) of this section.

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

(A) A description of each operation or process resulting in employee exposure to AN above the permissible exposure limits;

(B) Engineering plans and other studies used to determine the controls for each process;

(D) A detailed schedule for the implementation of engineering or work practice controls; and

(E) Other relevant information.

(iii) The employer ((shall))must complete the steps set forth in the compliance program by the dates in the schedule.

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

(v) The plans required by this subsection ((shall))must be revised and updated at least every six months to reflect the current status of the program.

(8) Respiratory protection.

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

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

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

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

(iv) In emergencies.

(b) Respirator program.

Employers must develop, implement and maintain a respiratory protection program in accordance with chapter 296-842 WAC, Respirators, which covers each employee required by this chapter to use a respirator.

(i) Select and provide to employees appropriate respirators by following the requirements in this section and WAC 296-842-13005 in the respirator rule.

(ii) Provide to employees, for escape, any organic vapor, air-purifying respirator or any self-contained breathing apparatus (SCBA) that meets the selection requirements of WAC 296-842-13005 in the respirator rule.

(9) Emergency situations.

(a) Written plans.

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

(ii) The plan ((shall))must specifically provide that employees engaged in correcting emergency conditions ((shall))must be equipped as required in subsection (8) of this section until the emergency is abated.

(b) Alerting employees.

(i) Where there is the possibility of employee exposure to AN in excess of the ceiling limit due to the occurrence of an emergency, a general alarm ((shall))must be installed and maintained to promptly alert employees of such occurrences.

(ii) Employees not engaged in correcting the emergency ((shall))must be evacuated from the area and ((shall))must not be permitted to return until the emergency is abated.

(10) Protective clothing and equipment.

(a) Provision and use. Where eye or skin contact with liquid AN or PAN may occur, the employer ((shall))must provide at no cost to the employee, and ((assure))ensure that employees wear, appropriate protective clothing or other equipment in accordance with WAC 296-800-160 to protect any area of the body which may come in contact with liquid AN or PAN.

(b) Cleaning and replacement.

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

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

(iii) The employer ((shall assure))must ensure that AN- or PAN-contaminated protective clothing and equipment is placed and stored in closable containers which prevent dispersion of the AN or PAN outside the container.

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

(v) The employer ((shall assure))must ensure that no employee removes AN- or PAN-contaminated protective equipment or clothing from the change room, except for those employees authorized to do so for the purpose of laundering, maintenance, or disposal.

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

(vii) The employer ((shall assure))must ensure that containers of contaminated protective clothing and equipment which are to be removed from the workplace for any reason are labeled in accordance with subsection (16)(c)(ii) of this section, and that such labels remain affixed when such containers leave the employer's workplace.

(11) Housekeeping.

(a) All surfaces ((shall))must be maintained free of accumulations of liquid AN and of PAN.

(b) For operations involving liquid AN, the employer ((shall))must institute a program for detecting leaks and spills of liquid AN, including regular visual inspections.

(c) Where spills of liquid AN are detected, the employer ((shall assure))must ensure that surfaces contacted by the liquid AN are decontaminated. Employees not engaged in decontamination activities ((shall))must leave the area of the spill, and shall not be permitted in the area until decontamination is completed.

(d) Liquids. Where AN is present in a liquid form, or as a resultant vapor, all containers or vessels containing AN ((shall))must be enclosed to the maximum extent feasible and tightly covered when not in use, with adequate provision made to avoid any resulting potential explosion hazard.

(e) Surfaces.

(i) Dry sweeping and the use of compressed air for the cleaning of floors and other surfaces where AN and PAN are found is prohibited.

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

(A) If a portable unit is selected, the exhaust ((shall))must be attached to the general workplace exhaust ventilation system or collected within the vacuum unit, equipped with high efficiency filters or other appropriate means of contaminant removal, so that AN is not reintroduced into the workplace air; and

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

(iii) Cleaning of floors and other contaminated surfaces may not be performed by washing down with a hose, unless a fine spray has first been laid down.

(12) Waste disposal. AN and PAN waste, scrap, debris, bags, containers or equipment, ((shall))must be disposed of in sealed bags or other closed containers which prevent dispersion of AN outside the container, and labeled as prescribed in subsection (16)(c)(ii) of this section.

(13) Hygiene facilities and practices. Where employees are exposed to airborne concentrations of AN above the permissible exposure limits, or where employees are required to wear protective clothing or equipment pursuant to subsection (11) of this section, or where otherwise found to be appropriate, the facilities required by WAC 296-800-230 ((shall))must be provided by the employer for the use of those employees, and the employer ((shall assure))must ensure that the employees use the facilities provided. In addition, the following facilities or requirements are mandated.

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

(b) Showers.

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

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

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

(i) Whenever food or beverages are consumed in the workplace, the employer ((shall))must provide lunchroom facilities which have a temperature controlled, positive pressure, filtered air supply, and which are readily accessible to employees exposed to AN above the permissible exposure limits.

(ii) In addition, the employer ((shall))must also ((assure))ensure that employees exposed to AN above the permissible exposure limits wash their hands and face prior to eating.

(14) Medical surveillance.

(a) General.

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

(ii) The employer ((shall assure))must ensure that all medical examinations and procedures are performed by or under the supervision of a licensed physician, and ((shall))must be provided without cost to the employee.

(b) Initial examinations. At the time of initial assignment, or upon institution of the medical surveillance program, the employer ((shall))must provide each affected employee an opportunity for a medical examination, including at least the following elements:

(i) A work history and medical history with special attention to skin, respiratory, and gastrointestinal systems, and those nonspecific symptoms, such as headache, nausea, vomiting, dizziness, weakness, or other central nervous system dysfunctions that may be associated with acute or chronic exposure to AN.

(ii) A physical examination giving particular attention to central nervous system, gastrointestinal system, respiratory system, skin and thyroid.

(iii) A 14" x 17" posteroanterior chest X-ray.

(iv) Further tests of the intestinal tract, including fecal occult blood screening, and proctosigmoidoscopy, for all workers forty years of age or older, and for any other affected employees for whom, in the opinion of the physician, such testing is appropriate.

(i) The employer ((shall))must provide examinations specified in this subsection at least annually for all employees specified in subsection (14)(a) of this section.

(ii) If an employee has not had the examinations prescribed in subsection (14)(b) of this section within six months of termination of employment, the employer ((shall))must make such examination available to the employee upon such termination.

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

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

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

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

(iii) The employee's representative exposure level;

(iv) The employee's anticipated or estimated exposure level (for preplacement examinations or in cases of exposure due to an emergency);

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

(vi) Information from previous medical examinations of the affected employee, which is not otherwise available to the examining physician.

(f) Physician's written opinion.

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

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

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

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

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

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

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

(15) Employee information and training.

(a) Training program.

(i) The employer ((shall))must train each employee exposed to AN above the action level, each employee whose exposures are maintained below the action level by engineering and work practice controls, and each employee subject to potential skin or eye contact with liquid AN in accordance with the requirements of this section. The employer ((shall))must institute a training program and ensure employee participation in the training program.

(ii) The training program ((shall))must 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))must ensure that each employee is informed of the following:

(A) The information contained in Appendices A, B and C;

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

(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))must make a copy of this standard and its appendices readily available to all affected employees.

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

(16) Communication of hazards.

(a) Hazard communication - General.

(i) Chemical manufacturers, importers, distributors and employers ((shall))must comply with all requirements of the Hazard Communication Standard (HCS), WAC 296-901-140 for AN and AN-based materials not exempted under subsection (1)(b) of this section.

(ii) In classifying the hazards of AN and AN-based materials at least the following hazards are to be addressed: Cancer; central nervous system effects; liver effects; skin sensitization; skin, respiratory, and eye irritation; acute toxicity effects; and flammability.

(iii) Employers ((shall))must include AN and AN-based materials in the hazard communication program established to comply with the HCS, WAC 296-901-140. Employers ((shall))must ensure that each employee has access to labels on containers of AN and AN-based materials and to safety data sheets, and is trained in accordance with the requirements of HCS and subsection (15) of this section.

(iv) The employer may use labels or signs required by other statutes, regulations, or ordinances in addition to, or in combination with, signs and labels required by this subsection.

(v) The employer ((shall))must ensure that no statement appears on or near any sign or label, required by this subsection, that contradicts or detracts from the required sign or label.

(b) Signs.

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

DANGER

ACRYLONITRILE (AN)

MAY CAUSE CANCER

RESPIRATORY PROTECTION MAY BE REQUIRED IN THIS AREA

AUTHORIZED PERSONNEL ONLY

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

(((iii) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in (b)(i) of this subsection:

DANGER

ACRYLONITRILE (AN)

CANCER HAZARD

AUTHORIZED PERSONNEL ONLY

RESPIRATORS MAY BE REQUIRED))

(i) The employer ((shall))must ensure that precautionary labels are in compliance with (a)(i) of this subsection and are affixed to all containers of liquid AN and AN-based materials not exempted under subsection (1)(b) of this section. The employer ((shall))must ensure that the labels remain affixed when the materials are sold, distributed or otherwise leave the employer's workplace.

(ii) ((Prior to June 1, 2015, employers may include the following information on precautionary labels required by this subsection in lieu of the labeling requirements in (b)(i) of this subsection:

DANGER

CONTAINS ACRYLONITRILE (AN)

CANCER HAZARD

(iii))) The employer ((shall))must ensure that the precautionary labels required by (c) of this subsection are readily visible and legible.

(17) Recordkeeping.

(a) Objective data for exempted operations.

(i) Where the processing, use, and handling of products fabricated from PAN are exempted pursuant to subsection (1)(b) of this section, the employer ((shall))must establish and maintain an accurate record of objective data reasonably relied upon in support of the exemption.

(ii) This record ((shall))must include the following information:

(A) The relevant condition in subsection (1)(b) upon which exemption is based;

(B) The source of the objective data;

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

(b) Exposure monitoring.

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

(ii) This record ((shall))must include:

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

(B) A description of the sampling and analytical methods used and the data relied upon to establish that the methods used meet the accuracy and precision requirements of subsection (5)(f) of this section;

(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))must maintain this record for at least ((40))forty years or the duration of employment plus ((20))twenty years, whichever is longer.

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

(ii) This record ((shall))must include:

(A) A copy of the physicians' written opinions;

(B) Any employee medical complaints related to exposure to AN;

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

(iii) The employer ((shall assure))must ensure that this record be maintained for at least forty years or for the duration of employment plus twenty years, whichever is longer.

(d) Availability.

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

(ii) Records required by (a) through (c) of this subsection ((shall))must be provided upon request to employees, designated representatives, and the assistant director in accordance with chapter 296-802 WAC. Records required by (a) of this subsection ((shall))must be provided in the same manner as exposure monitoring records.

(iii) The employer ((shall assure))must ensure that employee medical records required to be maintained by this section, be made available, upon request, for examination and copying, to the affected employee or former employee, or to a physician designated by the affected employee, former employee, or designated representative.

(e) Transfer of records.

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

(ii) The employer ((shall))must also comply with any additional requirements involving transfer of records set forth in WAC 296-802-60005.

(18) Observation of monitoring.

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

(b) Observation procedures.

(i) Whenever observation of the monitoring of employee exposure to AN requires entry into an area where the use of protective clothing or equipment is required, the employer ((shall))must provide the observer with personal protective clothing or equipment required to be worn by employees working in the area, ((assure))ensure the use of such clothing and equipment, and require the observer to comply with all other applicable safety and health procedures.

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

(A) To receive an explanation of the measurement procedures;

(B) To observe all steps related to the measurement of airborne concentrations of AN performed at the place of exposure; and

(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.

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

WAC 296-62-07338Appendix B—Substance technical guidelines for acrylonitrile.

(1) Physical and chemical data.

(a) Substance identification:

(i) Synonyms: AN; VCN; vinyl cyanide; propenenitrile; cyanoethylene; Acrylon; Carbacryl; Fumigrain; Ventox.

(ii) Formula: CH2=CHCN.

(iii) Molecular weight: 53.1.

(b) Physical data:

(i) Boiling point (760 mm Hg): 77.3°C (171°F);

(ii) Specific gravity (water = 1): 0.81 (at 20°C or 68°F);

(iii) Vapor density (air = 1 at boiling point of acrylonitrile): 1.83;

(iv) Melting point: -83°C (-117°F);

(v) Vapor pressure (@20°F): 83 mm Hg;

(vi) Solubility in water, percent by weight @20°C (68°F): 7.35;

(vii) Evaporation rate (Butyl Acetate = 1): 4.54; and

(viii) Appearance and odor: Colorless to pale yellow liquid with a pungent odor at concentrations above the permissible exposure level. Any detectable odor of acrylonitrile may indicate overexposure.

(2) Fire, explosion, and reactivity hazard data.

(a) Fire:

(i) Flash point: -1°C (30°F) (closed cup).

(ii) Autoignition temperature: 481°C (898°F).

(iii) Flammable limits air, percent by volume: Lower: 3, Upper: 17.

(iv) Extinguishing media: Alcohol foam, carbon dioxide, and dry chemical.

(v) Special firefighting procedures: Do not use a solid stream of water, since the stream will scatter and spread the fire. Use water to cool containers exposed to a fire.

(vi) Unusual fire and explosion hazards: Acrylonitrile is a flammable liquid. Its vapors can easily form explosive mixtures with air. All ignition sources must be controlled where acrylonitrile is handled, used, or stored in a manner that could create a potential fire or explosion hazard. Acrylonitrile vapors are heavier than air and may travel along the ground and be ignited by open flames or sparks at locations remote from the site at which acrylonitrile is being handled.

(vii) For purposes of compliance with the requirements of WAC 296-800-300, acrylonitrile is classified as a class IB flammable liquid. 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 ((296-24-59207))296-800-300, acrylonitrile is classified as a Class B fire hazard.

(ix) For purpose of compliance with WAC ((296-24-95613))296-800-280, locations classified as hazardous due to the presence of acrylonitrile ((shall))must be Class I, Group D.

(b) Reactivity:

(i) Conditions contributing to instability: Acrylonitrile will polymerize when hot, and the additional heat liberated by the polymerization may cause containers to explode. Pure AN may self-polymerize, with a rapid build-up of pressure, resulting in an explosion hazard. Inhibitors are added to the commercial product to prevent self-polymerization.

(ii) Incompatibilities: Contact with strong oxidizers (especially bromine) and strong bases may cause fires and explosions. Contact with copper, copper alloys, ammonia, and amines may start serious decomposition.

(iii) Hazardous decomposition products: Toxic gases and vapors (such as hydrogen cyanide, oxides of nitrogen, and carbon monoxide) may be released in a fire involving acrylonitrile and certain polymers made from acrylonitrile.

(iv) Special precautions: Liquid acrylonitrile will attack some forms of plastics, rubbers, and coatings.

(3) Spill, leak, and disposal procedures.

(a) If acrylonitrile is spilled or leaked, the following steps should be taken:

(i) Remove all ignition sources.

(ii) The area should be evacuated at once and reentered only after the area has been thoroughly ventilated and washed down with water.

(iii) If liquid acrylonitrile or polymer intermediate, collect for reclamation or absorb in paper, vermiculite, dry sand, earth, or similar material, or wash down with water into process sewer system.

(b) Persons not wearing protective equipment should be restricted from areas of spills or leaks until clean-up has been completed.

(c) Waste disposal methods: Waste materials ((shall))must be disposed of in a manner that is not hazardous to employees or to the general population. Spills of acrylonitrile and flushing of such spills ((shall))must be channeled for appropriate treatment or collection for disposal. They ((shall))must not be channeled directly into the sanitary sewer system. In selecting the method of waste disposal, applicable local, state, and federal regulations should be consulted.

(4) Monitoring and measurement procedures.

(a) Exposure above the permissible exposure limit:

(i) Eight-hour exposure evaluation: Measurements taken for the purpose of determining employee exposure under this section are best taken so that the average eight-hour exposure may be determined from a single eight-hour sample or two four-hour samples. Air samples should be taken in the employee's breathing zone (air that would most nearly represent that inhaled by the employee).

(ii) Ceiling evaluation: Measurements taken for the purpose of determining employee exposure under this section must be taken during periods of maximum expected airborne concentrations of acrylonitrile in the employee's breathing zone. A minimum of three measurements should be taken on one work shift. The average of all measurements taken is an estimate of the employee's ceiling exposure.

(iii) Monitoring techniques: The sampling and analysis under this section may be performed by collecting the acrylonitrile vapor on charcoal adsorption tubes or other composition adsorption tubes, with subsequent chemical analysis. Sampling and analysis may also be performed by instruments such as real-time continuous monitoring systems, portable direct-reading instruments, or passive dosimeters. Analysis of resultant samples should be by gas chromatograph.

(iv) Appendix D lists methods of sampling and analysis which have been tested by NIOSH and OSHA for use with acrylonitrile. NIOSH and OSHA have validated modifications of NIOSH Method S-156 (see Appendix D) under laboratory conditions for concentrations below 1 ppm. The employer has the obligation of selecting a monitoring method which meets the accuracy and precision requirements of the standard under his/her unique field conditions. The standard requires that methods of monitoring must be accurate, to a 95-percent confidence level, to ±35-percent for concentrations of AN at or above 2 ppm, and to ±50-percent for concentrations below 2 ppm. In addition to the methods described in Appendix D, there are numerous other methods available for monitoring for AN in the workplace. Details on these other methods have been submitted by various companies to the rulemaking record, and are available at the OSHA Docket Office.

(b) Since many of the duties relating to employee exposure are dependent on the results of monitoring and measuring procedures, employers ((shall assure))must ensure that the evaluation of employee exposures is performed by a competent industrial hygienist or other technically qualified person.

(5) Protective clothing.

(a) Employees ((shall))must be provided with and required to wear appropriate protective clothing to prevent any possibility of skin contact with liquid AN. Because acrylonitrile is absorbed through the skin, it is important to prevent skin contact with liquid AN. Protective clothing ((shall))must include impermeable coveralls or similar full-body work clothing, gloves, head-coverings, as appropriate to protect areas of the body which may come in contact with liquid AN.

(b) Employers should ascertain that the protective garments are impermeable to acrylonitrile. Nonimpermeable clothing and shoes should not be allowed to become contaminated with liquid AN. If permeable clothing does become contaminated, it should be promptly removed, placed in a regulated area for removal of the AN, and not worn again until the AN is removed. If leather footwear or other leather garments become wet from acrylonitrile, they should be replaced and not worn again, due to the ability of leather to absorb acrylonitrile and hold it against the skin. Since there is no pain associated with the blistering which may result from skin contact with liquid AN, it is essential that the employee be informed of this hazard so that he or she can be protected.

(c) Any protective clothing which has developed leaks or is otherwise found to be defective ((shall))must be repaired or replaced. Clean protective clothing ((shall))must be provided to the employee as necessary to ((assure))ensure its protectiveness. Whenever impervious clothing becomes wet with liquid AN, it ((shall))must be washed down with water before being removed by the employee. Employees are also required to wear splash-proof safety goggles where there is any possibility of acrylonitrile contacting the eyes.

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

(a) The workplace should be kept clean, orderly, and in a sanitary condition. The employer is required to institute a leak and spill detection program for operations involving liquid AN in order to detect sources of fugitive AN emissions.

(b) Dry sweeping and the use of compressed air is unsafe for the cleaning of floors and other surfaces where liquid AN may be found.

(c) Adequate washing facilities with hot and cold water are to be provided, and maintained in a sanitary condition. Suitable cleansing agents are also to be provided to ((assure))ensure the effective removal of acrylonitrile from the skin.

(d) Change or dressing rooms with individual clothes storage facilities must be provided to prevent the contamination of street clothes with acrylonitrile. Because of the hazardous nature of acrylonitrile, contaminated protective clothing should be placed in a regulated area designated by the employer for removal of the AN before the clothing is laundered or disposed of.

(7) Miscellaneous precautions.

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

(b) High exposures to acrylonitrile can occur when transferring the liquid from one container to another.

(c) Nonsparking tools must be used to open and close metal acrylonitrile containers. These containers must be effectively grounded and bonded prior to pouring.

(d) Never store uninhibited acrylonitrile.

(e) Acrylonitrile vapors are not inhibited.

They may form polymers and clog vents of storage tanks.

(f) Use of supplied-air suits or other impervious coverings may be necessary to prevent skin contact with and provide respiratory protection from acrylonitrile where the concentration of acrylonitrile is unknown or is above the ceiling limit. Supplied-air suits should be selected, used, and maintained under the immediate supervision of persons knowledgeable in the limitations and potential life-endangering characteristics of supplied-air suits.

(g) Employers ((shall))must advise employees of all areas and operations where exposure to acrylonitrile could occur.

(8) Common operations. Common operations in which exposure to acrylonitrile is likely to occur include the following: Manufacture of the acrylonitrile monomer; synthesis of acrylic fibers, ABS, SAN, and nitrile barrier plastics and resins, nitrile rubber, surface coatings, specialty chemicals; use as a chemical intermediate; use as a fumigant; and in the cyanoethylation of cotton.

AMENDATORY SECTION(Amending WSR 88-11-021, filed 5/11/88)

WAC 296-62-07339Appendix C—Medical surveillance guidelines for acrylonitrile.

(1) Route of entry.

(a) Inhalation;

(b) Skin absorption;

(2) Toxicology.

(a) Acrylonitrile vapor is an asphyxiant due to inhibitory action on metabolic enzyme systems. Animals exposed to 75 or 100 ppm for seven hours have shown signs of anoxia; in some animals which died at the higher level, cyanomethemoglobin was found in the blood. Two human fatalities from accidental poisoning have been reported; one was caused by inhalation of an unknown concentration of the vapor, and the other was thought to be caused by skin absorption or inhalation. Most cases of intoxication from industrial exposure have been mild, with rapid onset of eye irritation, headache, sneezing, and nausea. Weakness, lightheadedness, and vomiting may also occur. Exposure to high concentrations may produce profound weakness, asphyxia, and death. The vapor is a severe eye irritant. Prolonged skin ((contract [contact]))contact with the liquid may result in absorption with systemic effects, and in the formation of large blisters after a latent period of several hours. Although there is usually little or no pain or inflammation, the affected skin resembles a second-degree thermal burn. Solutions spilled on exposed skin, or on areas covered only by a light layer of clothing, evaporate rapidly, leaving no irritation, or, at the most, mild transient redness. Repeated spills on exposed skin may result in dermatitis due to solvent effects.

(b) Results after one year of a planned two-year animal study on the effects of exposure to acrylonitrile have indicated that rats ingesting as little as 35 ppm in their drinking water develop tumors of the central nervous system. The interim results of this study have been supported by a similar study being conducted by the same laboratory, involving exposure of rats by inhalation of acrylonitrile vapor, which has shown similar types of tumors in animals exposed to 80 ppm.

(c) In addition, the preliminary results of an epidemiological study being performed by duPont on a cohort of workers in their Camden, S.C. acrylic fiber plant indicate a statistically significant increase in the incidence of colon and lung cancers among employees exposed to acrylonitrile.

(3) Signs and symptoms of acute overexposure. Asphyxia and death can occur from exposure to high concentrations of acrylonitrile. Symptoms of overexposure include eye irritation, headache, sneezing, nausea and vomiting, weakness, and light-headedness. Prolonged skin contact can cause blisters on the skin with appearance of a second-degree burn, but with little or no pain. Repeated skin contact may produce scaling dermatitis.

(4) Treatment of acute overexposure. Remove employee from exposure. Immediately flush eyes with water and wash skin with soap or mild detergent and water. If AN has been swallowed, and person is conscious, induce vomiting. Give artificial respiration if indicated. More severe cases, such as those associated with loss of consciousness, may be treated by the intravenous administration of sodium nitrite, followed by sodium thiosulfate, although this is not as effective for acrylonitrile poisoning as for inorganic cyanide poisoning.

(5) Surveillance and preventive considerations.

(a) As noted above, exposure to acrylonitrile has been linked to increased incidence of cancers of the colon and lung in employees of the duPont acrylic fiber plant in Camden, S.C. In addition, the animal testing of acrylonitrile has resulted in the development of cancers of the central nervous system in rats exposed by either inhalation or ingestion. The physician should be aware of the findings of these studies in evaluating the health of employees exposed to acrylonitrile.

(b) Most reported acute effects of occupational exposure to acrylonitrile are due to its ability to cause tissue anoxia and asphyxia. The effects are similar to those caused by hydrogen cyanide. Liquid acrylonitrile can be absorbed through the skin upon prolonged contact. The liquid readily penetrates leather, and will produce burns of the feet if footwear contaminated with acrylonitrile is not removed.

(c) It is important for the physician to become familiar with the operating conditions in which exposure to acrylonitrile may occur. Those employees with skin diseases may not tolerate the wearing of whatever protective clothing may be necessary to protect them from exposure. In addition, those with chronic respiratory disease may not tolerate the wearing of negative-pressure respirators.

(d) Surveillance and screening. Medical histories and laboratory examinations are required for each employee subject to exposure to acrylonitrile above the action level. The employer must screen employees for history of certain medical conditions which might place the employee at increased risk from exposure.

(i) Central nervous system dysfunction. Acute effects of exposure to acrylonitrile generally involve the central nervous system. Symptoms of acrylonitrile exposure include headache, nausea, dizziness, and general weakness. The animal studies cited above suggest possible carcinogenic effects of acrylonitrile on the central nervous system, since rats exposed by either inhalation or ingestion have developed similar CNS tumors.

(ii) Respiratory disease. The duPont data indicate an increased risk of lung cancer among employees exposed to acrylonitrile.

(iii) Gastrointestinal disease. The duPont data indicate an increased risk of cancer of the colon among employees exposed to acrylonitrile. In addition, the animal studies show possible tumor production in the stomachs of the rats in the ingestion study.

(iv) Skin disease. Acrylonitrile can cause skin burns when prolonged skin contact with the liquid occurs. In addition, repeated skin contact with the liquid can cause dermatitis.

(e) General. The purpose of the medical procedures outlined in the standard is to establish a baseline for future health monitoring. Persons unusually susceptible to the effects of anoxia or those with anemia would be expected to be at increased risk. In addition to emphasis on the CNS, respiratory and gastro-intestinal systems, the cardiovascular system, liver, and kidney function should also be stressed.

AMENDATORY SECTION(Amending WSR 88-11-021, filed 5/11/88)

WAC 296-62-07340Appendix D—Sampling and analytical methods for acrylonitrile.

(1) There are many methods available for monitoring employee exposures to acrylonitrile. Most of these involve the use of charcoal tubes and sampling pumps, with analysis by gas chromatograph. The essential differences between the charcoal tube methods include, among others, the use of different desorbing solvents, the use of different lots of charcoal, and the use of different equipment for analysis of the samples.

(2) Besides charcoal, considerable work has been performed on methods using porous polymer sampling tubes and passive dosimeters. In addition, there are several portable gas analyzers and monitoring units available on the open market.

(3) This appendix contains details for the methods which have been tested at OSHA Analytical Laboratory in Salt Lake City, and NIOSH in Cincinnati. Each is a variation on NIOSH Method S-156, which is also included for reference. This does not indicate that these methods are the only ones which will be satisfactory. There also may be workplace situations in which these methods are not adequate, due to such factors as high humidity. Copies of the other methods available to OSHA are available in the rulemaking record, and may be obtained from the OSHA docket office. These include, the Union Carbide, Monsanto, Dow Chemical and Dow Badische methods, as well as NIOSH Method P & CAM 127.

(4) Employers who note problems with sample breakthrough should try larger charcoal tubes. Tubes of larger capacity are available, and are often used for sampling vinyl chloride. In addition, lower flow rates and shorter sampling times should be beneficial in minimizing breakthrough problems.

(5) Whatever method the employer chooses, ((he must assure himself))they must be ensured of the method's accuracy and precision under the unique conditions present in ((his))their workplace.

(6) NIOSH Method S-156 (unmodified)

Analyte: Acrylonitrile.

Matrix: Air.

Procedure: Absorption on charcoal, desorption with methanol, GC.

(a) Principle of the method. Reference (k)(i) of this subsection.

(i) A known volume of air is drawn through a charcoal tube to trap the organic vapors present.

(ii) The charcoal in the tube is transferred to a small, stoppered sample container, and the analyte is desorbed with methanol.

(iii) An aliquot of the desorbed sample is injected into a gas chromatograph.

(iv) The area of the resulting peak is determined and compared with areas obtained for standards.

(b) Range and sensitivity.

(i) This method was validated over the range of 17.5-70.0 mg/cu m at an atmospheric temperature and pressure of 22°C and 760 mm Hg, using a twenty-liter sample. Under the conditions of sample size (20 liters) the probable useful range of this method is 4.5-135 mg/cu m. The method is capable of measuring much smaller amounts if the desorption efficiency is adequate. Desorption efficiency must be determined over the range used.

(ii) The upper limit of the range of the method is dependent on the adsorptive capacity of the charcoal tube. This capacity varies with the concentrations of acrylonitrile and other substances in the air. The first section of the charcoal tube was found to hold at least 3.97 mg of acrylonitrile when a test atmosphere containing 92.0 mg/cu m of acrylonitrile in air was sampled 0.18 liter per minute for 240 minutes; at that time the concentration of acrylonitrile in the effluent was less than 5 percent of that in the influent. (The charcoal tube consists of two sections of activated charcoal separated by a section of urethane foam. See (f)(ii) of this subsection. If a particular atmosphere is suspected of containing a large amount of contaminant, a smaller sampling volume should be taken.)

(i) When the amount of water in the air is so great that condensation actually occurs in the tube, organic vapors will not be trapped efficiently. Preliminary experiments using toluene indicate that high humidity severely decreases the breakthrough volume.

(ii) When interfering compounds are known or suspected to be present in the air, such information, including their suspected identities, should be transmitted with the sample.

(iii) It must be emphasized that any compound which has the same retention time as the analyte at the operating conditions described in this method is an interference. Retention time data on a single column cannot be considered proof of chemical identity.

(iv) If the possibility of interference exists, separation conditions (column packing, temperature, etc.) must be changed to circumvent the problem.

(d) Precision and accuracy.

(i) The coefficient of variation (CVt) for the total analytical and sampling method in the range of 17.5-70.0 mg/cu m was 0.073. This value corresponds to a 3.3 mg/cu m standard deviation at the (previous) OSHA standard level (20 ppm). Statistical information and details of the validation and experimental test procedures can be found in (k)(ii) of this subsection.

(ii) On the average the concentrations obtained at the 20 ppm level using the overall sampling and analytical method were 6.0 percent lower than the "true" concentrations for a limited number of laboratory experiments. Any difference between the "found" and "true" concentrations may not represent a bias in the sampling and analytical method, but rather a random variation from the experimentally determined "true" concentration. Therefore, no recovery correction should be applied to the final result in (j)(v) of this subsection.

(e) Advantages and disadvantages of the method.

(i) The sampling device is small, portable, and involves no liquids. Interferences are minimal, and most of those which do occur can be eliminated by altering chromatographic conditions. The tubes are analyzed by means of a quick, instrumental method.

(ii) The method can also be used for the simultaneous analysis of two or more substances suspected to be present in the same sample by simply changing gas chromatographic conditions.

(iii) One disadvantage of the method is that the amount of sample which can be taken is limited by the number of milligrams that the tube will hold before overloading. When the sample value obtained for the backup section of the charcoal tube exceeds 25 percent of that found on the front section, the possibility of sample loss exists.

(iv) Furthermore, the precision of the method is limited by the reproducibility of the pressure drop across the tubes. This drop will affect the flow rate and cause the volume to be imprecise, because the pump is usually calibrated for one tube only.

(f) Apparatus.

(i) A calibrated personal sampling pump whose flow can be determined within ±5 percent at the recommended flow rate. Reference (k)(iii) of this subsection.

(ii) Charcoal tubes: Glass tubes with both ends flame sealed, 7 cm long with a 6 mm O.D. and a 4 mm I.D., containing 2 sections of 20/40 mesh activated charcoal separated by a 2 mm portion of urethane foam. The activated charcoal is prepared from coconut shells and is fired at 600°C prior to packing. The adsorbing section contains 100 mg of charcoal, the backup section 50 mg. A 3 mm portion of urethane foam is placed between the outlet end of the tube and the backup section. A plug of silicated glass wool is placed in front of the adsorbing section. The pressure drop across the tube must be less than 1 inch of mercury at a flow rate of 1 liter per minute.

(iii) Gas chromatograph equipped with a flame ionization detector.

(iv) Column (4 ft × 1/4 in stainless steel) packed with 50/80 mesh Poropak, type Q.

(v) An electronic integrator or some other suitable method for measuring peak areas.

(vi) Two-milliliter sample containers with glass stoppers or Teflon-lined caps. If an automatic sample injector is used, the associated vials may be used.

(vii) Microliter syringes: Ten-microliter and other convenient sizes for making standards.

(viii) Pipets: 1.0 ml delivery pipets.

(ix) Volumetric flask: 10 ml or convenient sizes for making standard solutions.

(g) Reagents.

(i) Chromatographic quality methanol.

(ii) Acrylonitrile, reagent grade.

(iii) Hexane, reagent grade.

(iv) Purified nitrogen.

(v) Prepurified hydrogen.

(vi) Filtered compressed air.

(h) Procedure.

(i) Cleaning of equipment. All glassware used for the laboratory analysis should be detergent washed and thoroughly rinsed with tap water and distilled water.

(ii) Calibration of personal pumps. Each personal pump must be calibrated with a representative charcoal tube in the line. This will minimize errors associated with uncertainties in the sample volume collected.

(iii) Collection and shipping of samples.

(A) Immediately before sampling, break the ends of the tube to provide an opening at least one-half the internal diameter of the tube (2mm).

(B) The smaller section of charcoal is used as a backup and should be positioned nearest the sampling pump.

(C) The charcoal tube should be placed in a vertical direction during sampling to minimize channeling through the charcoal.

(D) Air being sampled should not be passed through any hose or tubing before entering the charcoal tube.

(E) A maximum sample size of 20 liters is recommended. Sample at a flow of 0.20 liter per minute or less. The flow rate should be known with an accuracy of at least ±5 percent.

(F) The temperature and pressure of the atmosphere being sampled should be recorded. If pressure reading is not available, record the elevation.

(G) The charcoal tubes should be capped with the supplied plastic caps immediately after sampling. Under no circumstances should rubber caps be used.

(H) With each batch of ten samples submit one tube from the same lot of tubes which was used for sample collection and which is subjected to exactly the same handling as the samples except that no air is drawn through it. Label this as a blank.

(I) Capped tubes should be packed tightly and padded before they are shipped to minimize tube breakage during shipping.

(J) A sample of the bulk material should be submitted to the laboratory in a glass container with a Teflon-lined cap. This sample should not be transported in the same container as the charcoal tubes.

(iv) Analysis of samples.

(A) Preparation of samples. In preparation for analysis, each charcoal tube is scored with a file in front of the first section of charcoal and broken open. The glass wool is removed and discarded. The charcoal in the first (larger) section is transferred to a 2 ml stoppered sample container. The separating section of foam is removed and discarded; the second section is transferred to another stoppered container. These two sections are analyzed separately.

(B) Desorption of samples. Prior to analysis, 1.0 ml of methanol is pipetted into each sample container. Desorption should be done for 30 minutes. Tests indicate that this is adequate if the sample is agitated occasionally during this period. If an automatic sample injector is used, the sample vials should be capped as soon as the solvent is added to minimize volatilization.

(I) 50 ml/min (60 psig) nitrogen carrier gas flow.

(II) 65 ml/min (24 psig) hydrogen gas flow to detector.

(III) 500 ml/min (50 psig) air flow to detector.

(IV) 235°C injector temperature.

(V) 255°C manifold temperature (detector).

(VI) 155°C column temperature.

(D) Injection. The first step in the analysis is the injection of the sample into the gas chromatograph. To eliminate difficulties arising from blowback or distillation within the syringe needle, one should employ the solvent flush injection technique. The 10-microliter syringe is first flushed with solvent several times to wet the barrel and plunger. Three microliters of solvent are drawn into the syringe to increase the accuracy and reproducibility of the injected sample volume. The needle is removed from the solvent, and the plunger is pulled back about 0.2 microliter to separate the solvent flush from the sample with a pocket of air to be used as a marker. The needle is then immersed in the sample, and a five microliter aliquot is withdrawn, taking into consideration the volume of the needle, since the sample in the needle will be completely injected. After the needle is removed from the sample and prior to injection, the plunger is pulled back 1.2 microliters to minimize evaporation of the sample from the tip of the needle. Observe that the sample occupies 4.9-5.0 microliters in the barrel of the syringe. Duplicate injections of each sample and standard should be made. No more than a 3 percent difference in area is to be expected. An automatic sample injector can be used if it is shown to give reproducibility at least as good as the solvent flush method.

(E) Measurement of area. The area of the sample peak is measured by an electronic integrator or some other suitable form of area measurement, and preliminary results are read from a standard curve prepared as discussed below.

(v) Determination of desorption efficiency.

(A) Importance of determination. The desorption efficiency of a particular compound can vary from one laboratory to another and also from one batch of charcoal to another. Thus, it is necessary to determine at least once the percentage of the specific compound that is removed in the desorption process, provided the same batch of charcoal is used.

(B) Procedure for determining desorption efficiency.

(I) Activated charcoal equivalent to the amount in the first section of the sampling tube (100 mg) is measured into a 2.5 in., 4 mm I.D. glass tube, flame sealed at one end. This charcoal must be from the same batch as that used in obtaining the samples and can be obtained from unused charcoal tubes. The open end is capped with Parafilm. A known amount of hexane solution of acrylonitrile containing 0.239 g/ml is injected directly into the activated charcoal with a microliter syringe, and tube is capped with more Parafilm. When using an automatic sample injector, the sample injector vials, capped with Teflon-faced septa, may be used in place of the glass tube.

(II) The amount injected is equivalent to that present in a twenty-liter air sample at the selected level.

(III) Six tubes at each of three levels (0.5X, 1X, and 2X of the standard) are prepared in this manner and allowed to stand for at least overnight to ((assure))ensure complete adsorption of the analyte onto the charcoal. These tubes are referred to as the sample. A parallel blank tube should be treated in the same manner except that no sample is added to it. The sample and blank tubes are desorbed and analyzed in exactly the same manner as the sampling tube described in (h)(iv) of this subsection

(IV) Two or three standards are prepared by injecting the same volume of compound into 1.0 ml of methanol with the same syringe used in the preparation of the samples. These are analyzed with the samples.

(V) The desorption efficiency (D.E.) equals the average weight in mg recovered from the tube divided by the weight in mg added to the tube, or

D.E. =

Average weight recovered (mg)

———————————————

weight added (mg)

(VI) The desorption efficiency is dependent on the amount of analyte collected on the charcoal. Plot the desorption efficiency versus weight of analyte found. This curve is used in (j)(iv) of this subsection to correct for adsorption losses.

(i) Calibration and standards. It is convenient to express concentration of standards in terms of mg/1.0 ml methanol, because samples are desorbed in this amount of methanol. The density of the analyte is used to convert mg into microliters for easy measurement with a microliter syringe. A series of standards, varying in concentration over the range of interest, is prepared and analyzed under the same GC conditions and during the same time period as the unknown samples. Curves are established by plotting concentration in mg/1.0 ml versus peak area.

Note:

Since no internal standard is used in the method, standard solutions must be analyzed at the same time that the sample analysis is done. This will minimize the effect of known day-to-day variations and variations during the same day of the FID response.

(j) Calculations.

(i) Read the weight, in mg, corresponding to each peak area from the standard curve. No volume corrections are needed, because the standard curve is based on mg/1.0 ml methanol and the volume of sample injected is identical to the volume of the standards injected.

(ii) Corrections for the bank must be made for each sample.

mg = mg sample-mg blank

Where:

mg sample = mg found in front section of sample tube.

mg sample = mg found in front section of blank tube.

Note:

A similar procedure is followed for the backup sections.

(iii) Add the weights found in the front and backup sections to get the total weight in the sample.

(iv) Read the desorption efficiency from the curve (reference (h)(v)(B) of this subsection) for the amount found in the front section. Divide the total weight by this desorption efficiency to obtain the corrected mg/sample.

Corrected mg/sample =

Total

weight

————

D.E.

(v) The concentration of the analyte in the air sampled can be expressed in mg/cu m.

mg/cu m = Corrected mg (see (j)(iv)) x

1,000 (liter/cu m)

——————————————

air volume sampled (liter)

(vi) Another method of expressing concentration is ppm.

ppm = mg/cu m × 24.45/M.W. × 760/P × T + 273/298

Where:

P = Pressure (mm Hg) of air sampled.

T = Temperature (°C) of air sampled.

24.45 = Molar volume (liter/mole) at 25°C and 760 mm Hg.

M.W. = Molecular weight (g/mole) of analyte.

760 = Standard pressure (mm Hg).

298 = Standard temperature (°K).

(k) References.

(i) White, L. D. et al., "A Convenient Optimized Method for the Analysis of Selected Solvent Vapors in the Industrial Atmosphere," Amer. Ind. Hyg. Assoc. J., 31:225 (1970).

(ii) Documentation of NIOSH Validation Tests, NIOSH Contract No. CDC-99-74-45.

(iii) Final Report, NIOSH Contract HSM-99-71-31, "Personal Sampler Pump for Charcoal Tubes," September 15, 1972.

(7) NIOSH Modification of NIOSH Method S-156. The NIOSH recommended method for low levels for acrylonitrile is a modification of method S-156. It differs in the following respects:

(a) Samples are desorbed using 1 ml of 1 percent acetone in CS2 rather than methanol.

(b) The analytical column and conditions are:

(i) Column: 20 percent SP-1000 on 80/100 Supelcoport 10 feet × 1/8 inch S.S.

(ii) Conditions:

Injector temperature: 200°C.

Detector temperature: 100°C.

Column temperature: 85°C.

Helium flow: 25 ml/min.

Air flow: 450 ml/min.

Hydrogen flow: 55 ml/min.

(d) A sampling rate of 100 ml/min is recommended.

(8) OSHA Laboratory Modification of NIOSH Method S-156.

(a) Analyte: Acrylonitrile.

(b) Matrix: Air.

(d) Principle of the method (subsection (1)(a) of this section).

(i) A known volume of air is drawn through a charcoal tube to trap the organic vapors present.

(ii) The charcoal in the tube is transferred to a small, stoppered sample vial, and the analyte is desorbed with methanol.

(iii) An aliquot of the desorbed sample is injected into a gas chromatograph.

(iv) The area of the resulting peak is determined and compared with areas obtained for standards.

(e) Advantages and disadvantages of the method.

(ii) This method may not be adequate for the simultaneous analysis of two or more substances.

(iii) The amount of sample which can be taken is limited by the number of milligrams that the tube will hold before overloading. When the sample value obtained for the backup section of the charcoal tube exceeds 25 percent of that found on the front section, the possibility of sample loss exists.

(iv) The precision of the method is limited by the reproducibility of the pressure drop across the tubes. This drop will affect the flow rate and cause the volume to be imprecise, because the pump is usually calibrated for one tube only.

(f) Apparatus.

(i) A calibrated personal sampling pump whose flow can be determined within ±5 percent at the recommended flow rate.

(ii) Charcoal tubes: Glass tube with both ends flame sealed, 7 cm long with a 6 mm O.D. and a 4 mm I.D., containing 2 sections of 20/40 mesh activated charcoal separated by a 2 mm portion of urethane foam. The activated charcoal is prepared from coconut shells and is fired at 600°C prior to packing. The absorbing section contains 100 mg of charcoal, the back-up section 50 mg. A 3 mm portion of urethane foam is placed between the outlet end of the tube and the back-up section. A plug of silicated glass wool is placed in front of the adsorbing section. The pressure drop across the tube must be less than one inch of mercury at a flow rate of 1 liter per minute.

(iii) Gas chromatograph equipped with a nitrogen phosphorus detector.

(iv) Column (10 ft × 1/8 in stainless steel) packed with 100/120 Supelcoport coated with 10 percent SP 1000.

(v) An electronic integrator or some other suitable method for measuring peak area.

(vi) Two-milliliter sample vials with Teflon-lined caps.

(vii) Microliter syringes: 10 microliter, and other convenient sizes for making standards.

(viii) Pipets: 1.0 ml delivery pipets.

(ix) Volumetric flasks: Convenient sizes for making standard solutions.

(g) Reagents.

(i) Chromatographic quality methanol.

(ii) Acrylonitrile, reagent grade.

(iii) Filtered compressed air.

(iv) Purified hydrogen.

(v) Purified helium.

(h) Procedure.

(i) Cleaning of equipment. All glassware used for the laboratory analysis should be properly cleaned and free of organics which could interfere in the analysis.

(ii) Calibration of personal pumps. Each pump must be calibrated with a representative charcoal tube in the line.

(iii) Collection and shipping of samples.

(A) Immediately before sampling, break the ends of the tube to provide an opening at least one-half the internal diameter of the tube (2 mm).

(B) The smaller section of the charcoal is used as the backup and should be placed nearest the sampling pump.

(D) Air being sampled should not be passed through any hose or tubing before entering the charcoal tube.

(E) A sample size of 20 liters is recommended. Sample at a flow rate of approximately 0.2 liters per minute. The flow rate should be known with an accuracy of at least ±5 percent.

(F) The temperature and pressure of the atmosphere being sampled should be recorded.

(G) The charcoal tubes should be capped with the supplied plastic caps immediately after sampling. Rubber caps should not be used.

(H) Submit at least one blank tube (a charcoal tube subjected to the same handling procedures, without having any air drawn through it) with each set of samples.

(I) Take necessary shipping and packing precautions to minimize breakage of samples.

(iv) Analysis of samples.

(A) Preparation of samples. In preparation for analysis, each charcoal tube is scored with a file in front of the first section of charcoal and broken open. The glass wool is removed and discarded. The charcoal in the first (larger) section is transferred to a 2 ml vial. The separating section of foam is removed and discarded; the section is transferred to another capped vial. These two sections are analyzed separately.

(B) Desorption of samples. Prior to analysis, 1.0 ml of methanol is pipetted into each sample container. Desorption should be done for 30 minutes in an ultrasonic bath. The sample vials are recapped as soon as the solvent is added.

(I) 30 ml/min (60 psig) helium carrier gas flow.

(II) 3.0 ml/min (30 psig) hydrogen gas flow to detector.

(III) 50 ml/min (60 psig) air flow to detector.

(IV) 200°C injector temperature.

(V) 200°C dejector temperature.

(VI) 100°C column temperature.

(D) Injection. Solvent flush technique or equivalent.

(E) Measurement of area. The area of the sample peak is measured by an electronic integator or some other suitable form of area measurement, and preliminary results are read from a standard curve prepared as discussed below.

(v) Determination of desorption efficiency.

(A) Importance of determination. The desorption efficiency of a particular compound can vary from one laboratory to another and also from one batch of charcoal to another. Thus, it is necessary to determine, at least once, the percentage of the specific compound that is removed in the desorption process, provided the same batch of charcoal is used.

(B) Procedure for determining desorption efficiency. The reference portion of the charcoal tube is removed. To the remaining portion, amounts representing 0.5X, 1X, and 2X (X represents TLV) based on a 20 l air sample are injected onto several tubes at each level. Dilutions of acrylonitrile with methanol are made to allow injection of measurable quantities. These tubes are then allowed to equilibrate at least overnight. Following equilibration they are analyzed following the same procedure as the samples. A curve of the desorption efficiency (amt recovered/amt added) is plotted versus amount of analyte found. This curve is used to correct for adsorption losses.

(i) Calibration and standards. A series of standards, varying in concentration over the range of interest, is prepared and analyzed under the same GC conditions and during the same time period as the unknown samples. Curves are prepared by plotting concentration versus peak area.

Note:

(j) Calculations. Read the weight, corresponding to each peak area from the standard curve, correct for the blank, correct for the desorption efficiency, and make necessary air volume corrections.

(k) Reference. NIOSH Method S-156.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-073421,2-Dibromo-3-chloropropane.

(1) Scope and application.

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

(d) (("Emergency" -))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))must ensure that no employee is exposed to an airborne concentration in excess of one part DBCP per billion part of air (ppb) as an eight-hour time-weighted average.

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

(b) Dermal and eye exposure. The employer ((shall assure))must ensure 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))must 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))must establish, within each place of employment, regulated areas wherever DBCP concentrations are in excess of the permissible exposure limit.

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

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

(6) Exposure monitoring.

(a) General. Determinations of airborne exposure levels ((shall))must 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))must monitor each workplace and work operation to accurately determine the airborne concentrations of DBCP to which employees may be exposed.

(i) If the monitoring required by this section reveals employee exposures to be below the permissible exposure limits, the employer ((shall))must 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))must repeat these determinations for each such employee at least monthly. The employer ((shall))must 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))must 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))this subsection must be conducted.

(e) Employee notification.

(i) Within five working days after the receipt of monitoring results, the employer ((shall))must 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))must 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))must be accurate, to a confidence level of ninety-five percent, to within plus or minus twenty-five percent for concentrations of DBCP at or above the permissible exposure limits.

(7) Methods of compliance.

(a) Priority of compliance methods. The employer ((shall))must 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))must nonetheless use them to reduce exposures to the lowest level achievable by these controls, and ((shall))must supplement them by use of respiratory protection.

(b) Compliance program.

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

(iii) Written plans for these compliance programs ((shall))must be submitted upon request to the director, and ((shall))must 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))must 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 each employee an appropriate respirator that complies 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 296-842 WAC, Respirators, which covers each employee required by this chapter to use a respirator.

(i) Select and provide to employees appropriate respirators according to this chapter and WAC 296-842-13005 in the respirator rule.

(ii) Provide employees with one of the following respirator options to use for entry into, or escape from, unknown DBCP concentrations:

(A) A combination respirator that includes a full-facepiece air-line respirator operated in a pressure-demand or other positive-pressure mode or continuous-flow mode and an auxiliary self-contained breathing apparatus (SCBA) operated in a pressure-demand or positive-pressure mode; or

(B) A full-facepiece SCBA operated in a pressure-demand or other positive-pressure mode.

(9) Reserved.

(10) Emergency situations.

(a) Written plans.

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

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

(b) Employees engaged in correcting conditions ((shall))must 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))must be removed and restricted from the area and normal operations in the affected area ((shall))must 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))must 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))must provide medical surveillance in accordance with subsection (14) of this section.

(f) Exposure monitoring.

(i) Following an emergency, the employer ((shall))must 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))must provide at no cost to the employee, and ((assure))ensure 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))must clean, launder, maintain, or replace protective clothing and equipment required by this subsection to maintain their effectiveness. In addition, the employer ((shall))must provide clean protective clothing and equipment at least daily to each affected employee.

(ii) Removal and storage.

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

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

(v) Containers of DBCP-contaminated protective devices or work clothing which are to be taken out of change rooms or the workplace for cleaning, maintenance or disposal ((shall))must bear labels with the following information: CONTAMINATED WITH 1,2-Dibromo-3-chloropropane (DBCP), MAY CAUSE CANCER.

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

(12) Housekeeping.

(a) Surfaces.

(i) All surfaces ((shall))must 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.

(B) Portable vacuum units used to collect DBCP may not be used for other cleaning purposes and ((shall))must be labeled as prescribed by subsection (11)(b)(v) 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))must 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))must 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))must 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))must ensure that employees working in the regulated area shower at the end of the work shift.

(ii) The employer ((shall assure))must ensure 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))must provide shower facilities in accordance with WAC 296-800-230.

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

(ii) The employer ((shall))must 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))must ensure 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))must 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))must 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))must 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))must 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);

(D) Thyroid profile.

(iii) A serum specimen ((shall))must 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);

(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))must provide the employee with a medical examination which ((shall))must include those elements considered appropriate by the examining physician.

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

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

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

(iii) The 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))must obtain and provide the employee with a written opinion from the examining physician which ((shall))must 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))must instruct the physician not to reveal in the written opinion specific findings or diagnoses unrelated to occupational exposure to DBCP.

(iii) The employer ((shall))must 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))must 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 (b) of this subsection. The employer ((shall))must 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))must institute a training program for all employees who may be exposed to DBCP and ((shall assure))must ensure their participation in such training program.

(ii) The employer ((shall assure))must ensure that each employee is informed of the following:

(A) The information contained in Appendices A, B and C;

(B) The quantity, location, manner of use, release or storage of 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))296-842 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))must make a copy of this standard and its appendices readily available to all affected employees.

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

(16) Communication of hazards.

(a) Hazard communication - General.

(i) Chemical manufacturers, importers, distributors and employers ((shall))must comply with all requirements of the Hazard Communication Standard (HCS), WAC 296-901-140 for DBCP.

(ii) In classifying the hazards of DBCP at least the following hazards are to be addressed: Cancer; reproductive effects; liver effects; kidney effects; central nervous system effects; skin, eye and respiratory tract irritation; and acute toxicity effects.

(iii) Employers ((shall))must include DBCP in the hazard communication program established to comply with the HCS, WAC 296-901-140. Employers ((shall))must ensure that each employee has access to labels on containers of DBCP and to safety data sheets, and is trained in accordance with the requirements of HCS and subsection (15) of this section.

(iv) The employer may use labels or signs required by other statutes, regulations, or ordinances in addition to or in combination with, signs and labels required by this subsection.

(v) The employer ((shall))must ensure 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))must post signs to clearly indicate all regulated areas. These signs ((shall))must bear the legend:

DANGER

1,2-Dibromo-3-chloropropane

MAY CAUSE CANCER

WEAR RESPIRATORY PROTECTION IN THIS AREA

AUTHORIZED PERSONNEL ONLY

(((ii) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in (b) of this subsection:

DANGER

1,2-Dibromo-3-chloropropane

(Insert appropriate trade or common names)

CANCER HAZARD

AUTHORIZED PERSONNEL ONLY

RESPIRATOR REQUIRED))

(i) 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 C.F.R. Part 162, the labels required by (c) of this subsection need not be affixed.

(ii) The employer ((shall))must ensure that the precautionary labels required by (c) of this subsection are readily visible and legible.

(((iii) Prior to June 1, 2015, employers may include the following information on containers of DBCP or products containing DBCP, DBCP-contaminated protective devices or work clothing or DBCP-contaminated portable vacuums in lieu of the labeling requirements in (11)(b)(v), (12)(a)(iii)(B) and (a)(i) of this subsection:

DANGER

1,2-Dibromo-3-chloropropane

CANCER HAZARD))

(17) Recordkeeping.

(a) Exposure monitoring.

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

(ii) This record ((shall))must include:

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

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

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

(ii) This record ((shall))must include:

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

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

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

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

(ii) Employee exposure monitoring records and employee medical records required by this subsection ((shall))must be provided upon request to employees' designated representatives and the assistant director in accordance with chapter 296-802 WAC.

(d) Transfer of records.

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

(ii) The employer ((shall))must also comply with any additional requirements involving transfer of records set forth in WAC 296-802-60005.

(18) Observation of monitoring.

(a) Employee observation. The employer ((shall))must 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))must provide the observer with personal protective clothing or equipment required to be worn by employees working in the area, ((assure))ensure the use of such clothing and equipment, and require the observer to comply with all other applicable safety and health procedures.

(ii) Without interfering with the monitoring 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

(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.

AMENDATORY SECTION(Amending WSR 99-10-071, filed 5/4/99, effective 9/1/99)

WAC 296-62-07343Appendix A—Substance safety data sheet for DBCP.

(1) Substance identification.

(a) Synonyms and trades names: DBCP; Dibromochloropropane; Fumazone (Dow Chemical Company TM); Nemafume; Nemagon (Shell Chemical Co. TM); Nemaset; BBC 12; and OS 1879.

(b) Permissible exposure:

(i) Airborne. 1 part DBCP vapor per billion parts of air (1 ppb); time-weighted average (TWA) for an eight-hour workday.

(ii) Dermal. Eye contact and skin contact with DBCP are prohibited.

(c) Appearance and odor: Technical grade DBCP is a dense yellow or amber liquid with a pungent odor. It may also appear in granular form, or blended in varying concentrations with other liquids.

(d) Uses: DBCP is used to control nematodes, very small worm-like plant parasites, on crops including cotton, soybeans, fruits, nuts, vegetables and ornamentals.

(2) Health hazard data.

(a) Routes of entry: Employees may be exposed:

(i) Through inhalation (breathing);

(ii) Through ingestion (swallowing);

(iii) Skin contact; and

(iv) Eye contact.

(b) Effects of exposure:

(i) Acute exposure. DBCP may cause drowsiness, irritation of the eyes, nose, throat and skin, nausea and vomiting. In addition, overexposure may cause damage to the lungs, liver or kidneys.

(ii) Chronic exposure. Prolonged or repeated exposure to DBCP has been shown to cause sterility in humans. It also has been shown to produce cancer and sterility in laboratory animals and has been determined to constitute an increased risk of cancer in people.

(iii) Reporting signs and symptoms. If you develop any of the above signs or symptoms that you think are caused by exposure to DBCP, you should inform your employer.

(3) Emergency first-aid procedures.

(a) Eye exposure. If DBCP liquid or dust containing DBCP gets into your eyes, wash your eyes immediately with large amounts of water, lifting the lower and upper lids occasionally. Get medical attention immediately. Contact lenses should not be worn when working with DBCP.

(b) Skin exposure. If DBCP liquids or dusts containing DBCP get on your skin, immediately wash using soap or mild detergent and water. If DBCP liquids or dusts containing DBCP penetrate through your clothing, remove the clothing immediately and wash. If irritation is present after washing get medical attention.

(c) Breathing. If you or any person breathe in large amounts of DBCP, move the exposed person to fresh air at once. If breathing has stopped, perform artificial respiration. Do not use mouth-to-mouth. Keep the affected person warm and at rest. Get medical attention as soon as possible.

(d) Swallowing. When DBCP has been swallowed and the person is conscious, give the person large amounts of water immediately. After the water has been swallowed, try to get the person to vomit by having ((him))them touch the back of ((his))their throat with ((his))their finger. Do not make an unconscious person vomit. Get medical attention immediately.

(e) Rescue. Notify someone. Put into effect the established emergency rescue procedures. Know the locations of the emergency rescue equipment before the need arises.

(4) Respirators and protective clothing.

(a) Respirators. You may be required to wear a respirator in emergencies and while your employer is in the process of reducing DBCP exposures through engineering controls. If respirators are worn, they must have a label issued by the National Institute for Occupational Safety and Health (NIOSH) under the provisions of 42 C.F.R. part 84 stating that the respirators have been certified for use with organic vapors. For effective protection, a respirator must fit your face and head snugly. The respirator should not be loosened or removed in work situations where its use is required. Respirators must not be loosened or removed in work situations where their use is required.

(b) Protective clothing. When working with DBCP you must wear for your protection impermeable work clothing provided by your employer. (Standard rubber and neoprene protective clothing do not offer adequate protection). DBCP must never be allowed to remain on the skin. Clothing and shoes must not be allowed to become contaminated with DBCP, and if they do, they must be promptly removed and not worn again until completely free of DBCP. Turn in impermeable clothing that has developed leaks for repair or replacement.

(c) Eye protection. You must wear splashproof safety goggles where there is any possibility of DBCP liquid or dust contacting your eyes.

(5) Precautions for safe use, handling, and storage.

(a) DBCP must be stored in tightly closed containers in a cool, well-ventilated area.

(b) If your work clothing may have become contaminated with DBCP, or liquids or dusts containing DBCP, you must change into uncontaminated clothing before leaving the work premises.

(c) You must promptly remove any protective clothing that becomes contaminated with DBCP. This clothing must not be reworn until the DBCP is removed from the clothing.

(d) If your skin becomes contaminated with DBCP, you must immediately and thoroughly wash or shower with soap or mild detergent and water to remove any DBCP from your skin.

(e) You must not keep food, beverages, cosmetics, or smoking materials, nor eat or smoke, in regulated areas.

(f) If you work in a regulated area, you must wash your hands thoroughly with soap or mild detergent and water, before eating, smoking or using toilet facilities.

(g) If you work in a regulated area, you must remove any protective equipment or clothing before leaving the regulated area.

(h) Ask your supervisor where DBCP is used in your work area and for any additional safety and health rules.

(6) Access to information.

(a) Each year, your employer is required to inform you of the information contained in this substance safety data sheet for DBCP. In addition, your employer must instruct you in the safe use of DBCP, emergency procedures, and the correct use of protective equipment.

(b) Your employer is required to determine whether you are being exposed to DBCP. You or your representative have the right to observe employee exposure measurements and to record the result obtained. Your employer is required to inform you of your exposure. If your employer determines that you are being overexposed, they are required to inform you of the actions which are being taken to reduce your exposure.

(c) Your employer is required to keep records of your exposure and medical examinations. Your employer is required to keep exposure and medical data for at least forty years or the duration of your employment plus twenty years, whichever is longer.

(d) Your employer is required to release exposure and medical records to you, your physician, or other individual designated by you upon your written request.

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

WAC 296-62-07355Ethylene oxide.

Scope and application.

Note:

The requirements in WAC 296-62-07355 through 296-62-07386 apply only to agriculture. The requirements for all other industries relating to ethylene oxide have been moved to chapter 296-855 WAC, Ethylene oxide.

(1) WAC 296-62-07355 through 296-62-07389 applies to all occupational exposures to ethylene oxide (EtO), Chemical Abstracts Service Registry No. 75-21-8, except as provided in subsection (2) of this section.

(2) WAC 296-62-07355 through 296-62-07389 does not apply to the processing, use, or handling of products containing EtO where objective data are reasonably relied upon that demonstrate that the product is not capable of releasing EtO in airborne concentrations at or above the action level, and may not reasonably be foreseen to release EtO in excess of the excursion limit, under the expected conditions of processing, use, or handling that will cause the greatest possible release.

(3) Where products containing EtO are exempted under subsection (2) of this section, the employer ((shall))must maintain records of the objective data supporting that exemption and the basis for the employer's reliance on the data, as provided in WAC 296-62-07375(1).

AMENDATORY SECTION(Amending WSR 87-24-051, filed 11/30/87)

WAC 296-62-07357Definitions.

For the purpose of WAC 296-62-07355 through 296-62-07389, the following definitions shall apply:

(((1) "Action level" means))Action level. A concentration of airborne EtO of 0.5 ppm calculated as an eight-hour time-weighted average.

(((2) "Authorized person" means))Authorized person. Any person specifically authorized by the employer whose duties require the person to enter a regulated area, or any person entering such an area as a designated representative of employees for the purpose of exercising the right to observe monitoring and measuring procedures under WAC 296-62-07377, or any other person authorized by chapter 49.17 RCW or regulations issued under chapter 49.17 RCW.

(((3) "Director" means))Director. The director of the department of labor and industries, or designee.

(((4) "Emergency" means))Emergency. Any occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment that is likely to or does result in an unexpected significant release of EtO.

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

(((6) "Ethylene oxide" or "EtO" means))Ethylene oxide or EtO. The three-membered ring organic compound with chemical formula C2H4O.

AMENDATORY SECTION(Amending WSR 88-23-054, filed 11/14/88)

WAC 296-62-07359Permissible exposure limits (PEL).

(1) Eight-hour time-weighted average (TWA). The employer ((shall))must ensure that no employee is exposed to an airborne concentration of EtO in excess of one part EtO per million parts of air (1 ppm) as an eight-hour time-weighted average. (Eight-hour TWA.)

(2) Excursion limit. The employer ((shall))must ensure that no employee is exposed to an airborne concentration of EtO in excess of five parts of EtO per million parts of air (5 ppm) as averaged over a sampling period of fifteen minutes.

AMENDATORY SECTION(Amending WSR 88-23-054, filed 11/14/88)

WAC 296-62-07361Exposure monitoring.

(1) General.

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

(b) Representative eight-hour TWA employee exposure ((shall))must be determined on the basis of one or more samples representing full-shift exposure for each shift for each job classification in each work area. Representative fifteen-minute short-term employee exposures ((shall))must be determined on the basis of one or more samples representing fifteen-minute exposures associated with operations that are most likely to produce exposures above the excursion limit for each shift for each job classification in each work area.

(c) Where the employer can document that exposure levels are equivalent for similar operations in different work shifts, the employer need only determine representative employee exposure for that operation during one shift.

(2) Initial monitoring.

(a) Each employer who has a workplace or work operation covered by WAC 296-62-07355 through 296-62-07389, except as provided in WAC 296-62-07355(2) or (b) of this subsection, ((shall))must perform initial monitoring to determine accurately the airborne concentrations of EtO to which employees may be exposed.

(b) Where the employer has monitored after June 15, 1983, and the monitoring satisfies all other requirements of WAC 296-62-07355 through 296-62-07389, the employer may rely on such earlier monitoring results to satisfy the requirements of (a) of this subsection.

(c) Where the employer has previously monitored for the excursion limit and the monitoring satisfies all other requirements of this section, the employer may rely on such earlier monitoring results to satisfy the requirements of (a) of this subsection.

(3) Monitoring frequency (periodic monitoring).

(a) If the monitoring required by subsection (2) of this section reveals employee exposure at or above the action level but at or below the eight-hour TWA, the employer ((shall))must repeat such monitoring for each such employee at least every six months.

(b) If the monitoring required by subsection (2)(a) of this section reveals employee exposure above the eight-hour TWA, the employer ((shall))must repeat such monitoring for each such employee at least every three months.

(c) The employer may alter the monitoring schedule from quarterly to semiannually for any employee for whom two consecutive measurements taken at least seven days apart indicate that the employee's exposure has decreased to or below the eight-hour TWA.

(d) If the monitoring required by subsection (2)(a) of this section reveals employee exposure above the fifteen-minute excursion limit, the employer shall repeat such monitoring for each such employee at least every three months, and more often as necessary to evaluate the employee's short-term exposures.

(4) Termination of monitoring.

(a) If the initial monitoring required by subsection (2)(a) of this section reveals employee exposure to be below the action level, the employer may discontinue TWA monitoring for those employees whose exposures are represented by the initial monitoring.

(b) If the periodic monitoring required by subsection (3) of this section 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 TWA monitoring for those employees whose exposures are represented by such monitoring.

(c) If the initial monitoring required by subsection (2)(a) of this section reveals the employee exposure to be at or below the excursion limit, the employer may discontinue excursion limit monitoring for those employees whose exposures are represented by the initial monitoring.

(d) If the periodic monitoring required by subsection (3) of this section reveals that employee exposures, as indicated by at least two consecutive measurements taken at least seven days apart, are at or below the excursion limit, the employer may discontinue excursion limit monitoring for those employees whose exposures are represented by such monitoring.

(5) Additional monitoring. Notwithstanding the provisions of subsection (4) of this section, the employer ((shall))must institute the exposure monitoring required under subsections (2)(a) and (3) 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 EtO or when the employer has any reason to suspect that a change may result in new or additional exposures.

(6) Accuracy of monitoring.

(a) Monitoring ((shall))must be accurate, to a confidence level of ninety-five percent, to within plus or minus twenty-five percent for airborne concentrations of EtO at the 1 ppm TWA and to within plus or minus thirty-five percent for airborne concentrations of EtO at the action level of 0.5 ppm.

(b) Monitoring ((shall))must be accurate, to a confidence level of ninety-five percent, to within plus or minus thirty-five percent for airborne concentrations of EtO at the excursion limit.

(7) Employee notification of monitoring results.

(a) The employer ((shall))must, within fifteen working days after the receipt of the results of any monitoring performed under WAC 296-62-07355 through 296-62-07389, notify the affected employee of these results in writing either individually or by posting of results in an appropriate location that is accessible to affected employees.

(b) The written notification required by (a) of this subsection ((shall))must contain the corrective action being taken by the employer to reduce employee exposure to or below the TWA and/or excursion limit, wherever monitoring results indicated that the TWA and/or excursion limit has been exceeded.

AMENDATORY SECTION(Amending WSR 88-23-054, filed 11/14/88)

WAC 296-62-07363Regulated areas.

(1) The employer ((shall))must establish a regulated area wherever occupational exposures to airborne concentrations of EtO may exceed the TWA or wherever the EtO concentration exceeds or can reasonably be expected to exceed the excursion limit.

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

(3) Regulated areas ((shall))must be demarcated in any manner that minimizes the number of employees within the regulated area.

AMENDATORY SECTION(Amending WSR 88-23-054, filed 11/14/88)

WAC 296-62-07365Methods of compliance.

(1) Engineering controls and work practices.

(a) The employer ((shall))must institute engineering controls and work practices to reduce and maintain employee exposure to or below the TWA and to or below the excursion limit, except to the extent that such controls are not feasible.

(b) Wherever the feasible engineering controls and work practices that can be instituted are not sufficient to reduce employee exposure to or below the TWA and to or below the excursion limit, the employer ((shall))must use them to reduce employee exposure to the lowest levels achievable by these controls and ((shall))must supplement them by the use of respiratory protection that complies with the requirements of WAC 296-62-07367.

(c) Engineering controls are generally infeasible for the following operations: Collection of quality assurance sampling from sterilized materials removal of biological indicators from sterilized materials: Loading and unloading of tank cars; changing of ethylene oxide tanks on sterilizers; and vessel cleaning. For these operations, engineering controls are required only where the director demonstrates that such controls are feasible.

(2) Compliance program.

(a) Where the TWA or excursion limit is exceeded, the employer ((shall))must establish and implement a written program to reduce employee exposure to or below the TWA and to or below the excursion limit by means of engineering and work practice controls, as required by subsection (1) of this section, and by the use of respiratory protection where required or permitted under WAC 296-62-07355 through 296-62-07389.

(b) The compliance program ((shall))must include a schedule for periodic leak detection surveys and a written plan for emergency situations, as specified in WAC 296-62-07369 (1)(a).

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

(d) The employer ((shall))must not implement a schedule of employee rotation as a means of compliance with the TWA or excursion limit.

AMENDATORY SECTION(Amending WSR 99-10-071, filed 5/4/99, effective 9/1/99)

WAC 296-62-07369Emergency situations.

(1) Written plan.

(a) A written plan for emergency situations ((shall))must be developed for each workplace where there is a possibility of an emergency. Appropriate portions of the plan ((shall))must be implemented in the event of an emergency.

(b) The plan ((shall))must specifically provide that employees engaged in correcting emergency conditions ((shall))must be equipped with respiratory protection as required by WAC 296-62-07367 until the emergency is abated.

(c) The plan ((shall))must include the elements prescribed in WAC 296-24-567, "Employee emergency plans and fire prevention plans."

(2) Alerting employees. Where there is the possibility of employee exposure to EtO due to an emergency, means ((shall))must be developed to alert potentially affected employees of such occurrences promptly. Affected employees ((shall))must be immediately evacuated from the area in the event that an emergency occurs.

AMENDATORY SECTION(Amending WSR 87-24-051, filed 11/30/87)

WAC 296-62-07371Medical surveillance.

(1) General.

(a) Employees covered.

(i) The employer ((shall))must institute a medical surveillance program for all employees who are or may be exposed to EtO at or above the action level, without regard to the use of respirators, for at least thirty days a year.

(ii) The employer ((shall))must make available medical examinations and consultations to all employees who have been exposed to EtO in an emergency situation.

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

(2) Medical examinations and consultations.

(a) Frequency. The employer ((shall))must make available medical examinations and consultations to each employee covered under subsection (1)(a) of this section on the following schedules:

(i) Prior to assignment of the employee to an area where exposure may be at or above the action level for at least thirty days a year.

(ii) At least annually each employee exposed at or above the action level for at least thirty days in the past year.

(iii) At termination of employment or reassignment to an area where exposure to EtO is not at or above the action level for at least thirty days a year.

(iv) As medically appropriate for any employee exposed during an emergency.

(v) As soon as possible, upon notification by an employee either (A) that the employee has developed signs or symptoms indicating possible overexposure to EtO, or (B) that the employee desires medical advice concerning the effects of current or past exposure to EtO on the employee's ability to produce a healthy child.

(vi) If the examining physician determines that any of the examinations should be provided more frequently than specified, the employer ((shall))must provide such examinations to affected employees at the frequencies recommended by the physician.

(b) Content.

(i) Medical examinations made available pursuant to (a)(i) through (iv) of this subsection ((shall))must include:

(A) A medical and work history with special emphasis directed to symptoms related to the pulmonary, hematologic, neurologic, and reproductive systems and to the eyes and skin.

(B) A physical examination with particular emphasis given to the pulmonary, hematologic, neurologic, and reproductive systems and to the eyes and skin.

(C) A complete blood count to include at least a white cell count (including differential cell count), red cell count, hematocrit, and hemoglobin.

(D) Any laboratory or other test which the examining physician deems necessary by sound medical practice.

(ii) The content of medical examinations or consultation made available pursuant to (a)(i)(v) of this subsection shall be determined by the examining physician, and shall include pregnancy testing or laboratory evaluation of fertility, if requested by the employee and deemed appropriate by the physician.

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

(a) A copy of WAC 296-62-07355 through 296-62-07389.

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

(d) A description of any personal protective and respiratory equipment used or to be used.

(e) Information from previous medical examinations of the affected employee that is not otherwise available to the examining physician.

(4) Physician's written opinion.

(a) The employer ((shall))must obtain a written opinion from the examining physician. This written opinion ((shall))must contain the results of the medical examination and ((shall))must include:

(i) The physician's opinion as to whether the employee has any detected medical conditions that would place the employee at an increased risk of material health impairment from exposure to EtO;

(ii) Any recommended limitations on the employee or upon the use of personal protective equipment such as clothing or respirators; and

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

(b) The employer ((shall))must instruct the physician not to reveal in the written opinion given to the employer specific findings or diagnoses unrelated to occupational exposure to EtO.

(c) The employer ((shall))must provide a copy of the physician's written opinion to the affected employee within fifteen days from its receipt.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-07373Communication of EtO hazards.

(1) Hazard communication - General.

(a) Chemical manufacturers, importers, distributors and employers ((shall))must comply with all requirements of the Hazard Communication Standard (HCS), WAC 296-901-140 for EtO.

(b) In classifying the hazards of EtO at least the following hazards are to be addressed: Cancer; reproductive effects; mutagenicity; central nervous system; skin sensitization; skin, eye and respiratory tract irritation; acute toxicity effects; and flammability.

(c) Employers ((shall))must include EtO in the hazard communication program established to comply with the HCS, WAC 296-901-140. Employers ((shall))must ensure that each employee has access to labels on containers of EtO and to safety data sheets, and is trained in accordance with the requirements of HCS and WAC 296-855-20090.

(2) Signs and labels.

(a) Signs.

(((i))) The employer ((shall))must post and maintain legible signs demarcating regulated areas and entrances or accessways to regulated areas that bear the following legend:

DANGER

ETHYLENE OXIDE

MAY CAUSE CANCER

MAY DAMAGE FERTILITY OR THE UNBORN CHILD

RESPIRATORY PROTECTION AND PROTECTIVE CLOTHING MAY BE

REQUIRED IN THIS AREA

AUTHORIZED PERSONNEL ONLY

(((ii) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in (a)(i) of this subsection:

DANGER

ETHYLENE OXIDE

CANCER HAZARD AND REPRODUCTIVE HAZARD

AUTHORIZED PERSONNEL ONLY

RESPIRATORS AND PROTECTIVE CLOTHING MAY BE REQUIRED

TO BE WORN IN THIS AREA))

(b) Labels.

(((i))) The employer ((shall))must ensure that labels are affixed to all containers of EtO whose contents are capable of causing employee exposure at or above the action level or whose contents may reasonably be foreseen to cause employee exposure above the excursion limit, and that the labels remain affixed when the containers of EtO leave the workplace. For the purpose of this subsection, reaction vessels, storage tanks, and pipes or piping systems are not considered to be containers.

(((ii) Prior to June 1, 2015, employers may include the following information on containers of EtO in lieu of the labeling requirements in subsection (1)(a) of this section:

(A)

DANGER

CONTAINS ETHYLENE OXIDE

CANCER HAZARD AND REPRODUCTIVE HAZARD; and

(B) A warning statement against breathing airborne concentrations of EtO.

(c) The labeling requirements under WAC 296-62-07355 through 296-62-07389 do not apply where EtO is used as a pesticide, as such term is defined in the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), when it is labeled pursuant to that act and regulations issued under that act by the Environmental Protection Agency.

(d)))(c) The details of the hazard communication program developed by the employer, including an explanation of the labeling system and how employees can obtain and use the appropriate hazard information.

(3) Safety data sheets. Employers who are manufacturers or importers of EtO ((shall))must comply with the requirements regarding development of safety data sheets as specified in WAC 296-901-14014 of the Hazard Communication Standard.

(4) Information and training.

(a) The employer ((shall))must provide employees who are potentially exposed to EtO at or above the action level or above the excursion limit with information and training on EtO at the time of initial assignment and at least annually thereafter.

(b) Employees ((shall))must be informed of the following:

(i) The requirements of WAC 296-62-07353 through 296-62-07389 with an explanation of its contents, including Appendices A and B;

(ii) Any operations in their work area where EtO is present;

(iii) The location and availability of the written EtO final rule; and

(iv) The medical surveillance program required by WAC 296-62-07371 with an explanation of the information in Appendix C.

(i) Methods and observations that may be used to detect the presence or release of EtO in the work area (such as monitoring conducted by the employer, continuous monitoring devices, etc.);

(ii) The physical and health hazards of EtO;

(iii) The measures employees can take to protect themselves from hazards associated with EtO exposure, including specific procedures the employer has implemented to protect employees from exposure to EtO, such as work practices, emergency procedures, and personal protective equipment to be used; and

(iv) The details of the hazard communication program developed by the employer, including an explanation of the labeling system and how employees can obtain and use the appropriate hazard information.

AMENDATORY SECTION(Amending WSR 04-10-026, filed 4/27/04, effective 8/1/04)

WAC 296-62-07375Recordkeeping.

(1) Objective data for exempted operations.

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

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

(2) Exposure measurements.

(a) The employer ((shall))must 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))must 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.

(3) Medical surveillance.

(a) The employer ((shall))must establish and maintain an accurate record for each employee subject to medical surveillance by WAC 296-62-07371 (1)(a), in accordance with chapter 296-802 WAC.

(b) The record ((shall))must 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))must ensure that this record is maintained for the duration of employment plus thirty years, in accordance with chapter 296-802 WAC.

(4) Availability.

(a) The employer, upon written request, ((shall))must 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))must 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 chapter 296-802 WAC.

(c) The employer, upon request, ((shall))must 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 chapter 296-802 WAC.

(5) Transfer of records.

(a) The employer ((shall))must comply with the requirements concerning transfer of records set forth in 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))must notify the director at least ninety days prior to disposal and transmit them to the director.

AMENDATORY SECTION(Amending WSR 87-24-051, filed 11/30/87)

WAC 296-62-07377Observation of monitoring.

(1) Employee observation. The employer ((shall))must provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to EtO conducted in accordance with WAC 296-62-07361.

(2) Observation procedures. When observation of the monitoring of employee exposure to EtO requires entry into an area where the use of protective clothing or equipment is required, the observer ((shall))must be provided with and be required to use such clothing and equipment and ((shall))must comply with all other applicable safety and health procedures.

AMENDATORY SECTION(Amending WSR 93-21-075, filed 10/20/93, effective 12/1/93)

WAC 296-62-07403Definitions.

(((1) Action level (AL) is defined as))Action level (AL). 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).

(((2) Authorized person means))Authorized person. Any person authorized by the employer and required by work duties to be present in regulated areas or any person authorized by the WISH Act or regulations issued under it to be in regulated areas.

(((3) Director means))Director. The director of the department of labor and industries, or authorized representatives.

(((4)))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.

(((5)))Final medical determination((is)). The written medical opinion of the employee's health status by the examining physician under WAC 296-62-07423 (3) through (12) or, if multiple physician review under WAC 296-62-07423(13) or the alternative physician determination under WAC 296-62-07423(14) is invoked, it is the final, written medical finding, recommendation or determination that emerges from that process.

(((6)))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.

(((7) Regulated area means))Regulated area. 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).

AMENDATORY SECTION(Amending WSR 93-07-044, filed 3/13/93, effective 4/27/93)

WAC 296-62-07405Permissible exposure limit (PEL).

The employer ((shall assure))must ensure 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).

AMENDATORY SECTION(Amending WSR 93-07-044, filed 3/13/93, effective 4/27/93)

WAC 296-62-07407Exposure monitoring.

(1) General.

(a) Each employer who has a workplace or work operation covered by this section ((shall))must determine if any employee may be exposed to cadmium at or above the action level.

(b) Determinations of employee exposure ((shall))must be made from breathing zone air samples that reflect the monitored employee's regular, daily 8-hour TWA exposure to cadmium.

(c) 8-hour TWA exposures ((shall))must 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))must sample the employee(s) expected to have the highest cadmium exposures.

(2) Specific.

(a) Initial monitoring. Except as provided for in (b) and (c) of this subsection, the employer ((shall))must monitor employee exposures and ((shall))must base initial determinations on the monitoring results.

(b) Where the employer has monitored after September 14, 1991, under conditions that in all important aspects closely resemble those currently prevailing and where that monitoring satisfies all other requirements of this section, including the accuracy and confidence levels of subsection (6) of this section, the employer may rely on such earlier monitoring results to satisfy the requirements of WAC 296-62-07427 (2)(a).

(c) Where the employer has objective data, as defined in WAC 296-62-07427(2), demonstrating that employee exposure to cadmium will not exceed the action level under the expected conditions of processing, use, or handling, the employer may rely upon such data instead of implementing initial monitoring.

(3) Monitoring frequency (periodic monitoring).

(a) If the initial monitoring or periodic monitoring reveals employee exposures to be at or above the action level, the employer ((shall))must monitor at a frequency and pattern needed to represent the levels of exposure of employees and where exposures are above the PEL to ((assure))ensure the adequacy of respiratory selection and the effectiveness of engineering and work practice controls. However, such exposure monitoring ((shall))must be performed at least every six months. The employer, at a minimum, ((shall))must continue these semiannual measurements unless and until the conditions set out in (b) of this subsection are met.

(b) 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.

(4) Additional monitoring. The employer also ((shall))must institute the exposure monitoring required under (2)(a) and (3) of this section 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 has any reason to suspect that any other change might result in such further exposure.

(5) Employee notification of monitoring results.

(a) Within fifteen working days after the receipt of the results of any monitoring performed under this section, the employer ((shall))must notify each affected employee individually in writing of the results. In addition, within the same time period the employer ((shall))must post the results of the exposure monitoring in an appropriate location that is accessible to all affected employees.

(b) Wherever monitoring results indicate that employee exposure exceeds the PEL, the employer ((shall))must 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.

(6) Accuracy of measurement. The employer ((shall))must use a method of monitoring and analysis that has an accuracy of not less than plus or minus twenty-five percent, with a confidence level of ninety-five percent, for airborne concentrations of cadmium at or above the action level, the permissible exposure limit (PEL), and the separate engineering control air limit (SECAL).

AMENDATORY SECTION(Amending WSR 93-07-044, filed 3/13/93, effective 4/27/93)

WAC 296-62-07409Regulated areas.

(1) Establishment. The employer ((shall))must 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).

(2) Demarcation. Regulated areas ((shall))must be demarcated from the rest of the workplace in any manner that adequately establishes and alerts employees of the boundaries of the regulated area.

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

(4) Provision of respirators. Each person entering a regulated area ((shall))must be supplied with and required to use a respirator, selected in accordance with WAC 296-62-07413(2).

(5) Prohibited activities. The employer ((shall assure))must ensure that employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in regulated areas, carry the products associated with these activities into regulated areas, or store such products in those areas.

AMENDATORY SECTION(Amending WSR 93-21-075, filed 10/20/93, effective 12/1/93)

WAC 296-62-07411Methods of compliance.

(1) Compliance hierarchy.

(a) Except as specified in (b), (c), and (d) of this subsection, the employer ((shall))must 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.

(b) Except as specified in (c) and (d) of this subsection, in industries where a separate engineering control air limit (SECAL) has been specified for particular processes (Table ((1))I of this subsection), the employer ((shall))must implement engineering and work practice controls to reduce and maintain employee exposure at or below the SECAL, except to the extent that the employer can demonstrate that such controls are not feasible.

Table I.—Separate Engineering

Control Airborne Limits (SECALs) for Processes in Selected Industries

Industry	Process	SECAL (µg/m3)
Nickel cadmium battery	Plate making, plate preparation	50
Nickel cadmium battery	All other processes	15
Zinc/Cadmium refining*	Cadmium refining, casting, melting, oxide production, sinter plant	50
Pigment manufacture	Calcine, crushing, milling, blending	50
Pigment manufacture	All other processes	15
Stabilizers*	Cadmium oxide charging, crushing, drying, blending	50
Lead smelting*	Sinter plant, blast furnace, baghouse, yard area	50
Plating*	Mechanical plating	15

*	Processes in these industries that are not specified in this table must achieve the PEL using engineering controls and work practices as required in (a) of this subsection.

(c) The requirement to implement engineering and work practice controls to achieve the PEL or, where applicable, the SECAL does not apply where the employer demonstrates the following:

(i) The employee is only intermittently exposed; and

(ii) The employee is not exposed above the PEL on thirty or more days per year (twelve consecutive months).

(d) Wherever engineering and work practice controls are required and are not sufficient to reduce employee exposure to or below the PEL or, where applicable, the SECAL, the employer nonetheless ((shall))must implement such controls to reduce exposures to the lowest levels achievable. The employer ((shall))must supplement such controls with respiratory protection that complies with the requirements of WAC 296-62-07413 and the PEL.

(e) The employer ((shall))must not use employee rotation as a method of compliance.

(2) Compliance program.

(a) Where the PEL is exceeded, the employer ((shall))must establish and implement a written compliance program to reduce employee exposure to or below the PEL by means of engineering and work practice controls, as required by subsection (1) of this section. To the extent that engineering and work practice controls cannot reduce exposures to or below the PEL, the employer ((shall))must include in the written compliance program the use of appropriate respiratory protection to achieve compliance with the PEL.

(b) Written compliance programs ((shall))must include at least the following:

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

(ii) A description of the specific means that will be employed to achieve compliance, including engineering plans and studies used to determine methods selected for controlling exposure to cadmium, as well as, where necessary, the use of appropriate respiratory protection to achieve the PEL;

(iii) A report of the technology considered in meeting the PEL;

(iv) Air monitoring data that document the sources of cadmium emissions;

(v) A detailed schedule for implementation of the program, including documentation such as copies of purchase orders for equipment, construction contracts, etc.;

(vi) A work practice program that includes items required under WAC 296-62-07415, 296-62-07417, and 296-62-07419;

(vii) A written plan for emergency situations, as specified in WAC 296-62-07415; and

(viii) Other relevant information.

(c) The written compliance programs ((shall))must be reviewed and updated at least annually, or more often if necessary, to reflect significant changes in the employer's compliance status.

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

(3) Mechanical ventilation.

(a) 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))must be made as necessary to maintain its effectiveness.

(b) Measurements of the system's effectiveness in controlling exposure ((shall))must 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.

(c) Recirculation of air. If air from exhaust ventilation is recirculated into the workplace, the system ((shall))must have a high efficiency filter and be monitored to ((assure))ensure effectiveness.

(d) Procedures ((shall))must be developed and implemented to minimize employee exposure to cadmium when maintenance of ventilation systems and changing of filters is being conducted.

AMENDATORY SECTION(Amending WSR 93-07-044, filed 3/13/93, effective 4/27/93)

WAC 296-62-07415Emergency situations.

The employer ((shall))must develop and implement a written plan for dealing with emergency situations involving substantial releases of airborne cadmium. The plan ((shall))must include provisions for the use of appropriate respirators and personal protective equipment. In addition, employees not essential to correcting the emergency situation ((shall))must be restricted from the area and normal operations halted in that area until the emergency is abated.

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

WAC 296-62-07417Protective work clothing and equipment.

(1) 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))must provide at no cost to the employee, and ((assure))ensure 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:

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

(b) Gloves, head coverings, and boots or foot coverings; and

(2) Removal and storage.

(a) The employer ((shall assure))must ensure 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 WAC 296-62-07419(1).

(b) The employer ((shall assure))must ensure 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.

(c) The employer ((shall assure))must ensure 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.

(d) The employer ((shall assure))must ensure that bags or 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))must bear labels in accordance with WAC 296-62-07425(3).

(3) Cleaning, replacement, and disposal.

(a) The employer ((shall))must provide the protective clothing and equipment required by subsection (1) of this section 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 paragraph to maintain its effectiveness and is also responsible for disposing of such clothing and equipment.

(b) 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))must be immediately mended, or the worksuit ((shall))must be immediately replaced.

(c) The employer ((shall))must prohibit the removal of cadmium from protective clothing and equipment by blowing, shaking, or any other means that disperses cadmium into the air.

(d) The employer ((shall assure))must ensure 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 WAC 296-62-07405.

(e) The employer ((shall))must 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.

AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03, effective 11/1/03)

WAC 296-62-07419Hygiene areas and practices.

(1) General. For employees whose airborne exposure to cadmium is above the PEL, the employer ((shall))must provide clean change rooms, handwashing facilities, showers, and lunchroom facilities that comply with WAC 296-800-230.

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

(3) Showers and handwashing facilities.

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

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

(4) Lunchroom facilities.

(a) The employer ((shall assure))must ensure 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.

(b) The employer ((shall assure))must ensure 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.

AMENDATORY SECTION(Amending WSR 02-12-098, filed 6/5/02, effective 8/1/02)

WAC 296-62-07421Housekeeping.

(1) All surfaces ((shall))must be maintained as free as practicable of accumulations of cadmium.

(2) All spills and sudden releases of material containing cadmium ((shall))must be cleaned up as soon as possible.

(3) Surfaces contaminated with cadmium ((shall))must, wherever possible, be cleaned by vacuuming or other methods that minimize the likelihood of cadmium becoming airborne.

(4) HEPA-filtered vacuuming equipment or equally effective filtration methods ((shall))must be used for vacuuming. The equipment ((shall))must be used and emptied in a manner that minimizes the reentry of cadmium into the workplace.

(5) 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.

(6) Compressed air ((shall))must 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.

(7) Waste, scrap, debris, bags, containers, personal protective equipment, and clothing contaminated with cadmium and consigned for disposal must be collected and disposed of in sealed impermeable bags or other closed, impermeable containers. These bags and containers must be labeled in accordance with WAC 296-62-07425(3).

AMENDATORY SECTION(Amending WSR 93-21-075, filed 10/20/93, effective 12/1/93)

WAC 296-62-07423Medical surveillance.

(1) General.

(a) Scope.

(i) Currently exposed. The employer ((shall))must institute a medical surveillance program for all employees who are or may be exposed to cadmium at or above the action level unless the employer demonstrates that the employee is not, and will not be, exposed at or above the action level on thirty or more days per year (twelve consecutive months); and

(ii) Previously exposed. The employer ((shall))must also institute a medical surveillance program for all employees who prior to the effective date of this section might previously have been exposed to cadmium at or above the action level by the employer, unless the employer demonstrates that the employee did not prior to the effective date of this section work for the employer in jobs with exposure to cadmium for an aggregated total of more than sixty months.

(b) To determine an employee's fitness for using a respirator, the employer ((shall))must provide the limited medical examination specified in subsection (6) of this section.

(c) The employer ((shall assure))must ensure that all medical examinations and procedures required by this standard 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 laboratory selection in WAC 296-62-07451, Appendix F and the questionnaire of WAC 296-62-07447, Appendix D. These examinations and procedures ((shall))must be provided without cost to the employee and at a time and place that is reasonable and convenient to employees.

(d) The employer ((shall assure))must ensure that the collecting and handling of biological samples of cadmium in urine (CdU), cadmium in blood (CdB), and beta-2 microglobulin in urine (β2-M) taken from employees under this section is done in a manner that ((assures))ensures their reliability and that analysis of biological samples of cadmium in urine (CdU), cadmium in blood (CdB), and beta-2 microglobulin in urine (β2-M) taken from employees under this section is performed in laboratories with demonstrated proficiency for that particular analyte. (See WAC 296-62-07451, Appendix F.)

(2) Initial examination.

(a) The employer ((shall))must provide an initial (preplacement) examination to all employees covered by the medical surveillance program required in subsection (1)(a) of this section. The examination ((shall))must be provided to those employees within thirty days after initial assignment to a job with exposure to cadmium or no later than ninety days after the effective date of this section, whichever date is later.

(b) The initial (preplacement) medical examination ((shall))must include:

(i) 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

(ii) Biological monitoring that includes the following tests:

(A) Cadmium in urine (CdU), standardized to grams of creatinine (g/Cr);

(B) Beta-2 microglobulin in urine (β2-M), standardized to grams of creatinine (g/Cr), with pH specified, as described in WAC 296-62-07451, Appendix F; and

(c) 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) of this subsection within the past twelve months. In that case, such records ((shall))must be maintained as part of the employee's medical record and the prior exam ((shall))must be treated as if it were an initial examination for the purposes of subsections (3) and (4) of this section.

(3) Actions triggered by initial biological monitoring:

(a) If the results of the initial biological monitoring tests show the employee's CdU level to be at or below 3 µg/g Cr, β2-M level to be at or below 300 µg/g Cr and CdB level to be at or below 5 µg/lwb, then:

(i) For currently exposed employees, who are subject to medical surveillance under subsection (1)(a)(i) of this section, the employer ((shall))must provide the minimum level of periodic medical surveillance in accordance with the requirements in subsection (4)(a) of this section; and

(ii) For previously exposed employees, who are subject to medical surveillance under subsection (1)(a)(ii) of this section, the employer ((shall))must provide biological monitoring for CdU, β2-M, and CdB one year after the initial biological monitoring and then the employer ((shall))must comply with the requirements of subsection (4)(e) of this section.

(b) For all employees who are subject to medical surveillance under subsection (1)(a) of this section, if the results of the initial biological monitoring tests show the level of CdU to exceed 3 µg/g Cr, the level of β2-M to exceed 300 µg/g Cr, or the level of CdB to exceed 5 µg/lwb, the employer ((shall))must:

(i) Within two weeks after receipt of biological monitoring results, reassess the employee's occupational exposure to cadmium as follows:

(A) Reassess the employee's work practices and personal hygiene;

(B) Reevaluate the employee's respirator use, if any, and the respirator program;

(D) Reevaluate the maintenance and effectiveness of the relevant engineering controls;

(E) Assess the employee's smoking history and status;

(ii) Within thirty days after the exposure reassessment, specified in (b)(i) 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,

(iii) Within ninety days after receipt of biological monitoring results, provide a full medical examination to the employee in accordance with the requirements of WAC 296-62-07423 (4)(b). After completing the medical examination, the examining physician ((shall))must 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, µ2-M level falls to or below 300 µg/g Cr and CdB level falls to or below 5 µg/lwb, the employer ((shall))must:

(A) Provide biological monitoring in accordance with subsection (2)(b)(ii) of this section on a semiannual basis; and

(B) Provide annual medical examinations in accordance with subsection (4)(b) of this section.

(c) For all employees who are subject to medical surveillance under subsection (1)(a) of this section, 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 β2-M to be in excess of 1,500 µg/g Cr, the employer ((shall))must comply with the requirements of (b)(i) and (ii) of this subsection. Within ninety days after receipt of biological monitoring results, the employer ((shall))must provide a full medical examination to the employee in accordance with the requirements of subsection (4)(b) of this section. After completing the medical examination, the examining physician ((shall))must 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 β2-M exceeds 1500 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))must 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, β2-M level falls to or below 300 µg/g Cr and CdB level falls to or below 5 µg/lwb, the employer ((shall))must:

(i) Periodically reassess the employee's occupational exposure to cadmium;

(ii) Provide biological monitoring in accordance with subsection (2)(b)(ii) of this section on a quarterly basis; and

(iii) Provide semiannual medical examinations in accordance with subsection (4)(b) of this section.

(d) For all employees to whom medical surveillance is provided, beginning on January 1, 1999, and in lieu of (a) through (c) of this subsection:

(i) If the results of the initial biological monitoring tests show the employee's CdU level to be at or below 3 µg/g Cr, β2-M level to be at or below 300 µg/g Cr and CdB level to be at or below 5 µg/lwb, then for currently exposed employees, the employer ((shall))must comply with the requirements of (a)(i) of this subsection and for previously exposed employees, the employer shall comply with the requirements of (a)(ii) of this subsection;

(ii) If the results of the initial biological monitoring tests show the level of CdU to exceed 3 µg/g Cr, the level of β2-M to exceed 300 µg/g Cr, or the level of CdB to exceed 5 µg/lwb, the employer ((shall))must comply with the requirements of (b)(i) through (iii) of this subsection; and

(iii) If the results of the initial biological monitoring tests show the level of CdU to be in excess of 7 µg/g Cr, or the level of CdB to be in excess of 10 µg/lwb, or the level of β2-M to be in excess of 750 µg/g Cr, the employer ((shall))must: Comply with the requirements of (b)(i) through (ii) of this subsection; and, within ninety days after receipt of biological monitoring results, provide a full medical examination to the employee in accordance with the requirements of subsection (4)(b) of this section. After completing the medical examination, the examining physician ((shall))must 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 β2-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))must 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, β2-M level falls to or below 300 µg/g Cr and CdB level falls to or below 5 µg/lwb, the employer ((shall))must: Periodically reassess the employee's occupational exposure to cadmium; provide biological monitoring in accordance with subsection (2)(b)(ii) of this section on a quarterly basis; and provide semiannual medical examinations in accordance with subsection (4)(b) of this section.

(4) Periodic medical surveillance.

(a) For each employee who is covered under subsection (1)(a)(i) of this section, the employer ((shall))must 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))must be provided within one year after the initial examination required by subsection (2) of this section and thereafter at least biennially. Biological sampling ((shall))must be provided at least annually, either as part of a periodic medical examination or separately as periodic biological monitoring.

(b) The periodic medical examination ((shall))must include:

(i) 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 3-11 and 25-32 in WAC 296-62-07447, Appendix D;

(ii) A complete physical examination with emphasis on: Blood pressure, the respiratory system, and the urinary system;

(iii) 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);

(iv) Pulmonary function tests, including forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV1);

(v) Biological monitoring, as required in subsection (2)(b)(ii) of this section;

(vi) Blood analysis, in addition to the analysis required under this section, including blood urea nitrogen, complete blood count, and serum creatinine;

(vii) Urinalysis, in addition to the analysis required under subsection (2)(b)(ii) of this section, including the determination of albumin, glucose, and total and low molecular weight proteins;

(viii) For males over forty years old, prostate palpation, or other at least as effective diagnostic test(s); and

(ix) Any additional tests deemed appropriate by the examining physician.

(d) 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, β2-M, or CdB to be in excess of the levels specified in subsection (3)(b) or (c) of this section; or, beginning on January 1, 1999, in excess of the levels specified in subsection (3)(b) or (d) of this section, the employer ((shall))must take the appropriate actions specified in subsection (3)(b) through (d) of this section.

(e) For previously exposed employees under subsection (1)(a)(ii) of this section:

(i) If the employee's levels of CdU did not exceed 3 µg/g Cr, CdB did not exceed 5 µg/lwb, and β2-M did not exceed 300 µg/g Cr in the initial biological monitoring tests, and if the results of the followup biological monitoring required by subsection (3)(a)(ii) of this section one year after the initial examination confirm the previous results, the employer may discontinue all periodic medical surveillance for that employee.

(ii) If the initial biological monitoring results for CdU, CdB, or β2-M were in excess of the levels specified in subsection (3)(a) of this section, but subsequent biological monitoring results required by subsection (3)(b) through (e) of this section show that the employee's CdU levels no longer exceed 3 µg/g Cr, CdB levels no longer exceed 5 µg/lwb, and β2-M levels no longer exceed 300 µg/g Cr, the employer shall provide biological monitoring for CdU, CdB, and β2-M one year after these most recent biological monitoring results. If the results of the followup biological monitoring, specified in this section, confirm the previous results, the employer may discontinue all periodic medical surveillance for that employee.

(iii) However, if the results of the follow-up tests specified in (e)(i) or (ii) of this subsection indicate that the level of the employee's CdU, β2-M, or CdB exceeds these same levels, the employer is required to provide annual medical examinations in accordance with the provisions of (b) 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.

(f) A routine, biennial medical examination is not required to be provided in accordance with subsections (3)(a) and (4) of this section if adequate medical records show that the employee has been examined in accordance with the requirements of (b) of this subsection within the past twelve months. In that case, such records ((shall))must be maintained by the employer as part of the employee's medical record, and the next routine, periodic medical examination ((shall))must be made available to the employee within two years of the previous examination.

(5) 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 subsection((s)) (2), (3), or (4) of this section, the employer, within thirty days, ((shall))must reassess the employee's occupational exposure to cadmium and take the following corrective action until the physician determines they are no longer necessary:

(a) 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; and the maintenance and effectiveness of the relevant engineering controls;

(b) Within thirty days after the reassessment, take all reasonable steps to correct the deficiencies found in the reassessment that may be responsible for the employee's excess exposure to cadmium;

(c) 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

(d) 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.

(6) Examination for respirator use.

(a) To determine an employee's fitness for respirator use, the employer ((shall))must provide a medical examination that includes the elements specified in (a)(i) through (iv) of this subsection. This examination ((shall))must be provided prior to the employee's being assigned to a job that requires the use of a respirator or no later than ninety days after this section goes into effect, whichever date is later, to any employee without a medical examination within the preceding twelve months that satisfies the requirements of this paragraph.

(i) 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 musculoskeletal 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;

(ii) A blood pressure test;

(iii) Biological monitoring of the employee's levels of CdU, CdB and β2-M in accordance with the requirements of subsection (2)(b)(ii) of this section, unless such results already have been obtained within the previous twelve months; and

(iv) Any other test or procedure that the examining physician deems appropriate.

(b) After reviewing all the information obtained from the medical examination required in (a) of this subsection, the physician ((shall))must determine whether the employee is fit to wear a respirator.

(c) 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))must provide the employee with a periodic medical examination in accordance with subsection (4)(b) of this section to determine the employee's fitness to wear a respirator.

(d) Where the results of the examination required under (a), (b), or (c) of this subsection are abnormal, medical limitation or prohibition of respirator use ((shall))must be considered. If the employee is allowed to wear a respirator, the employee's ability to continue to do so ((shall))must be periodically evaluated by a physician.

(7) Emergency examinations.

(a) In addition to the medical surveillance required in subsections (2) through (6) of this section, the employer ((shall))must provide a medical examination as soon as possible to any employee who may have been acutely exposed to cadmium because of an emergency.

(b) The examination ((shall))must include the requirements of subsection (4)(b) of this section, with emphasis on the respiratory system, other organ systems considered appropriate by the examining physician, and symptoms of acute overexposure, as identified in WAC 296-62-07441 (2)(b)(i) through (ii) and (4), Appendix A.

(8) Termination of employment examination.

(a) At termination of employment, the employer ((shall))must provide a medical examination in accordance with subsection (4)(b) of this section, including a chest X-ray, to any employee to whom at any prior time the employer was required to provide medical surveillance under subsection (1)(a) or (7) of this section. However, if the last examination satisfied the requirements of subsection (4)(b) of this section and was less than six months prior to the date of termination, no further examination is required unless otherwise specified in subsection (3) or (5) of this section;

(b) However, for employees covered by subsection (1)(a)(ii) of this section, if the employer has discontinued all periodic medical surveillance under subsection (4)(e) of this section, no termination of employment medical examination is required.

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

(a) A copy of this standard and appendices;

(b) A description of the affected employee's former, current, and anticipated duties as they relate to the employee's occupational exposure to cadmium;

(d) 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

(e) Relevant results of previous biological monitoring and medical examinations.

(10) Physician's written medical opinion.

(a) The employer ((shall))must promptly obtain a written, signed medical opinion from the examining physician for each medical examination performed on each employee. This written opinion ((shall))must contain:

(i) The physician's diagnosis for the employee;

(ii) 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;

(iii) The results of any biological or other testing or related evaluations that directly assess the employee's absorption of cadmium;

(iv) 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;

(v) 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.

(b) The employer promptly ((shall))must obtain a copy of the results of any biological monitoring provided by an employer to an employee independently of a medical examination under subsections (2) and (4) of this section, and, in lieu of a written medical opinion, an explanation sheet explaining those results.

(c) The employer ((shall))must 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.

(11) Medical removal protection (MRP).

(a) General.

(i) The employer ((shall))must temporarily remove an employee from work where there is excess exposure to cadmium on each occasion that medical removal is required under subsection (3), (4), or (6) of this section 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.

(ii) The employer ((shall))must medically remove an employee in accordance with this subsection regardless of whether at the time of removal a job is available into which the removed employee may be transferred.

(iii) Whenever an employee is medically removed under this subsection, the employer ((shall))must transfer the removed employee to a job where the exposure to cadmium is within the permissible levels specified in that subsection as soon as one becomes available.

(iv) For any employee who is medically removed under the provisions of (a) of this subsection, the employer ((shall))must provide follow-up biological monitoring in accordance with subsection (2)(b)(ii) of this section at least every three months and follow-up medical examinations semiannually at least every six months until in a written medical opinion the examining physician determines that either the employee may be returned to ((his/her))their former job status as specified under (d) through (e) of this subsection or the employee must be permanently removed from excess cadmium exposure.

(v) The employer may not return an employee who has been medically removed for any reason to ((his/her))their 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.

(b) Where an employee is found unfit to wear a respirator under subsection (6)(b) of this section, the employer ((shall))must remove the employee from work where exposure to cadmium is above the PEL.

(c) Where removal is based on any reason other than the employee's inability to wear a respirator, the employer ((shall))must remove the employee from work where exposure to cadmium is at or above the action level.

(d) Except as specified in (e) of this subsection, no employee who was removed because ((his/her))their level of CdU, CdB and/or β2-M exceeded the medical removal trigger levels in subsection (3) or (4) of this section 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 falls to or below 5 µg/lwb, and β2-M falls to or below 300 µg/g Cr.

(e) 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))must fully discuss these matters with the employee, and then in a written determination may return a worker to ((his/her))their former job status despite what would otherwise be unacceptably high biological monitoring results. Thereafter, the returned employee ((shall))must continue to be provided with medical surveillance as if ((he/she))they were still on medical removal until the employee's levels of CdU fall to or below 3 µg/g Cr, CdB falls to or below 5 µg/lwb, and β2-M falls to or below 300 µg/g Cr.

(f) Where an employer, although not required by (a) through (c) of this subsection 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))must provide the same medical removal protection benefits to that employee under subsection (12) of this section as would have been provided had the removal been required under (a) through (c) of this subsection.

(12) Medical removal protection benefits (MRPB).

(a) The employer ((shall))must provide MRPB for up to a maximum of eighteen months to an employee each time and while the employee is temporarily medically removed under subsection (11) of this section.

(b) For purposes of this section, the requirement that the employer provide MRPB means that the employer ((shall))must 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))their former job status, as if the employee had not been removed from the employee's job or otherwise medically limited.

(c) Where, after eighteen 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))their former job status:

(i) The employer ((shall))must make available to the employee a medical examination pursuant in order to obtain a final medical determination as to whether the employee may be returned to ((his/her))their former job status or must be permanently removed from excess cadmium exposure; and

(ii) The employer ((shall assure))must ensure that the final medical determination indicates whether the employee may be returned to ((his/her))their former job status and what steps, if any, should be taken to protect the employee's health.

(d) The employer may condition the provision of MRPB upon the employee's participation in medical surveillance provided in accordance with this section.

(13) Multiple physician review.

(a) 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:

(i) Review any findings, determinations, or recommendations of the initial physician; and

(ii) Conduct such examinations, consultations, and laboratory tests as the second physician deems necessary to facilitate this review.

(b) The employer ((shall))must 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 days after receipt of this notice, or receipt of the initial physician's written opinion, whichever is later:

(i) Informing the employer that he or she intends to seek a medical opinion; and

(ii) Initiating steps to make an appointment with a second physician.

(c) If the findings, determinations, or recommendations of the second physician differ from those of the initial physician, then the employer and the employee ((shall assure))must ensure that efforts are made for the two physicians to resolve any disagreement.

(d) If the two physicians have been unable to quickly resolve their disagreement, then the employer and the employee, through their respective physicians, ((shall))must designate a third physician to:

(i) Review any findings, determinations, or recommendations of the other two physicians; and

(ii) 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.

(e) The employer ((shall))must 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.

(14) 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 subsection (13) of this section, so long as the alternative is expeditious and at least as protective of the employee.

(15) Information the employer must provide the employee.

(a) The employer ((shall))must provide a copy of the physician's written medical opinion to the examined employee within two weeks after receipt thereof.

(b) The employer ((shall))must provide the employee with a copy of the employee's biological monitoring results and an explanation sheet explaining the results within two weeks after receipt thereof.

(c) Within thirty days after a request by an employee, the employer ((shall))must provide the employee with the information the employer is required to provide the examining physician under subsection (9) of this section.

(16) Reporting. In addition to other medical events that are required to be reported on the OSHA Form No. 200, the employer ((shall))must report any abnormal condition or disorder caused by occupational exposure to cadmium associated with employment as specified in WAC ((296-27-060))296-27-02105.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-07425Communication of cadmium hazards.

(1) General. Chemical manufacturers, importers, distributors and employers ((shall))must comply with all requirements of WAC 296-901-140((,)) Hazard communication.

(2) In classifying the hazards of cadmium at least the following hazards are to be addressed: Cancer; lung effects; kidney effects; and acute toxicity effects.

(3) Employers ((shall))must include cadmium in the hazard communication program established to comply with WAC 296-901-140((,)) Hazard communication. Employers ((shall))must ensure that each employee has access to labels on containers of cadmium and to safety data sheets (SDSs), and is trained in accordance with the requirements of WAC 296-901-140((,)) Hazard communication and subsection (m)(4) of this section.

(4) Warning signs.

(a) Warning signs ((shall))must be provided and displayed in regulated areas. In addition, warning signs ((shall))must 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.

(b) ((Prior to June 1, 2016, employers may use the following legend in lieu of that specified in (d) of this subsection:

DANGER CADMIUM CANCER HAZARD CAN CAUSE LUNG

AND KIDNEY DISEASE AUTHORIZED PERSONNEL ONLY

RESPIRATORS REQUIRED IN THIS AREA

(c))) The employer ((shall))must ensure that signs required by this subsection are illuminated, cleaned, and maintained as necessary so that the legend is readily visible.

(((d)))(c) Warning signs required by (a) of this subsection ((shall))must bear the following legend:

DANGER CADMIUM MAY CAUSE CANCER

CAUSES DAMAGE TO LUNGS AND KIDNEYS

WEAR RESPIRATORY PROTECTION IN THIS AREA

AUTHORIZED PERSONNEL ONLY

(5) Warning labels.

(a) Shipping and storage containers containing cadmium, cadmium compounds, or cadmium contaminated clothing, equipment, waste, scrap, or debris ((shall))must bear appropriate warning labels, as specified in subsection (1) of this section.

(b) ((Prior to June 1, 2015, employers may include the following information on warning labels in lieu of the labeling requirements specified in subsection (1) of this section and (c) of this subsection:

DANGER CONTAINS CADMIUM CANCER HAZARD AVOID

CREATING DUST CAN CAUSE LUNG AND KIDNEY DISEASE

(c))) The warning labels for containers of contaminated protective clothing, equipment, waste, scrap, or debris ((shall))must include at least the following information:

DANGER CONTAINS CADMIUM MAY CAUSE CANCER

CAUSES DAMAGE TO LUNGS AND KIDNEYS

AVOID CREATING DUST

(((d)))(c) Where feasible, installed cadmium products ((shall))must have a visible label or other indication that cadmium is present.

(6) Employee information and training.

(a) The employer ((shall))must train each employee who is potentially exposed to cadmium in accordance with the requirements of this chapter. The employer ((shall))must institute a training program, ensure employee participation in the program, and maintain a record of the contents of such program.

(b) Training ((shall))must be provided prior to or at the time of initial assignment to a job involving potential exposure to cadmium and at least annually thereafter.

(c) The employer ((shall))must make the training program understandable to the employee and ((shall assure))must ensure that each employee is informed of the following:

(i) The health hazards associated with cadmium exposure, with special attention to the information incorporated in WAC 296-62-07441, Appendix A;

(ii) 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;

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

(iv) 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;

(v) The purpose, proper selection, fitting, proper use, and limitations of protective clothing;

(vi) The purpose and a description of the medical surveillance program required by WAC 296-62-07423;

(vii) The contents of this section and its appendices;

(viii) The employee's rights of access to records under WAC 296-901-140 and chapter 296-802 WAC; and

(ix) The purpose, proper use, limitations, and other training requirements for respiratory protection as required in chapter ((296-62))296-842 WAC((, Part E)).

(d) Additional access to information and training program and materials.

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

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

AMENDATORY SECTION(Amending WSR 04-10-026, filed 4/27/04, effective 8/1/04)

WAC 296-62-07427Recordkeeping.

(1) Exposure monitoring.

(a) The employer ((shall))must establish and keep an accurate record of all air monitoring for cadmium in the workplace.

(b) This record ((shall))must 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.

(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))must establish and maintain a record of the objective data for at least thirty years.

(3) Medical surveillance.

(a) The employer ((shall))must establish and maintain an accurate record for each employee covered by medical surveillance under WAC 296-62-07423 (1)(a).

(b) The record ((shall))must 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))must ensure that this record is maintained for the duration of employment plus thirty years, in accordance with chapter 296-802 WAC.

(4) Training. The employer ((shall))must 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))must be prepared at the completion of training and ((shall))must 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))must be in accordance with the provisions of chapter 296-802 WAC.

(b) Within fifteen days after a request, the employer ((shall))must 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))must comply with the requirements concerning transfer of records set forth in chapter 296-802 WAC.

AMENDATORY SECTION(Amending WSR 93-07-044, filed 3/13/93, effective 4/27/93)

WAC 296-62-07429Observation of monitoring.

(1) Employee observation. The employer ((shall))must provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to cadmium.

(2) Observation procedures. When observation of monitoring requires entry into an area where the use of protective clothing or equipment is required, the employer ((shall))must provide the observer with that clothing and equipment and ((shall assure))must ensure that the observer uses such clothing and equipment and complies with all other applicable safety and health procedures.

AMENDATORY SECTION(Amending WSR 99-10-071, filed 5/4/99, effective 9/1/99)

WAC 296-62-07441Appendix A, substance safety data sheet—Cadmium.

(1) Substance identification.

(a) Substance: Cadmium.

(b) 8-Hour, time-weighted-average, permissible exposure limit (TWA PEL):

(c) TWA PEL: Five micrograms of cadmium per cubic meter of air 5 µg/m3, time-weighted average (TWA) for an 8-hour workday.

(d) Appearance: Cadmium metal—soft, blue-white, malleable, lustrous metal or grayish-white powder. Some cadmium compounds may also appear as a brown, yellow, or red powdery substance.

(2) Health hazard data.

(a) Routes of exposure. Cadmium can cause local skin or eye irritation. Cadmium can affect your health if you inhale it or if you swallow it.

(b) Effects of overexposure.

(i) Short-term (acute) exposure: Cadmium is much more dangerous by inhalation than by ingestion. High exposures to cadmium that may be immediately dangerous to life or health occur in jobs where workers handle large quantities of cadmium dust or fume; heat cadmium-containing compounds or cadmium-coated surfaces; weld with cadmium solders or cut cadmium-containing materials such as bolts.

(ii) Severe exposure may occur before symptoms appear. Early symptoms may include mild irritation of the upper respiratory tract, a sensation of constriction of the throat, a metallic taste and/or a cough. A period of one to ten hours may precede the onset of rapidly progressing shortness of breath, chest pain, and flu-like symptoms with weakness, fever, headache, chills, sweating, and muscular pain. Acute pulmonary edema usually develops within twenty-four hours and reaches a maximum by three days. If death from asphyxia does not occur, symptoms may resolve within a week.

(iii) Long-term (chronic) exposure. Repeated or long-term exposure to cadmium, even at relatively low concentrations, may result in kidney damage and an increased risk of cancer of the lung and of the prostate.

(i) Eye exposure: Direct contact may cause redness or pain. Wash eyes immediately with large amounts of water, lifting the upper and lower eyelids. Get medical attention immediately.

(ii) Skin exposure: Direct contact may result in irritation. Remove contaminated clothing and shoes immediately. Wash affected area with soap or mild detergent and large amounts of water. Get medical attention immediately.

(iii) Ingestion: Ingestion may result in vomiting, abdominal pain, nausea, diarrhea, headache, and sore throat. Treatment for symptoms must be administered by medical personnel. Under no circumstances should the employer allow any person whom ((he/she))they retain((s)), employ((s)), supervise((s)), or control((s)) to engage in therapeutic chelation. Such treatment is likely to translocate cadmium from pulmonary or other tissue to renal tissue. Get medical attention immediately.

(iv) Inhalation: If large amounts of cadmium are inhaled, the exposed person must be moved to fresh air at once. If breathing has stopped, perform cardiopulmonary resuscitation. Administer oxygen if available. Keep the affected person warm and at rest. Get medical attention immediately.

(v) Rescue: Move the affected person from the hazardous exposure. If the exposed person has been overcome, attempt rescue only after notifying at least one other person of the emergency and putting into effect established emergency procedures. Do not become a casualty yourself. Understand your emergency rescue procedures and know the location of the emergency equipment before the need arises.

(3) Employee information.

(a) Protective clothing and equipment.

(i) Respirators: You may be required to wear a respirator for nonroutine activities; in emergencies; while your employer is in the process of reducing cadmium exposures through engineering controls; and where engineering controls are not feasible. If air-purifying respirators are worn, they must have a label issued by the National Institute for Occupational Safety and Health (NIOSH) under the provisions of 42 C.F.R. part 84 stating that the respirators have been certified for use with cadmium. Cadmium does not have a detectable odor except at levels well above the permissible exposure limits. If you can smell cadmium while wearing a respirator, proceed immediately to fresh air. If you experience difficulty breathing while wearing a respirator, tell your employer.

(ii) Protective clothing: You may be required to wear impermeable clothing, gloves, foot gear, a face shield, or other appropriate protective clothing to prevent skin contact with cadmium. Where protective clothing is required, your employer must provide clean garments to you as necessary to assure that the clothing protects you adequately. The employer must replace or repair protective clothing that has become torn or otherwise damaged.

(iii) Eye protection: You may be required to wear splash-proof or dust resistant goggles to prevent eye contact with cadmium.

(b) Employer requirements.

(i) Medical: If you are exposed to cadmium at or above the action level, your employer is required to provide a medical examination, laboratory tests and a medical history according to the medical surveillance provisions under WAC 296-62-07423. (See summary chart and tables in this section, appendix A.) These tests ((shall))must be provided without cost to you. In addition, if you are accidentally exposed to cadmium under conditions known or suspected to constitute toxic exposure to cadmium, your employer is required to make special tests available to you.

(ii) Access to records: All medical records are kept strictly confidential. You or your representative are entitled to see the records of measurements of your exposure to cadmium. Your medical examination records can be furnished to your personal physician or designated representative upon request by you to your employer.

(iii) Observation of monitoring: Your employer is required to perform measurements that are representative of your exposure to cadmium 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.

(c) Employee requirements. You will not be able to smoke, eat, drink, chew gum or tobacco, or apply cosmetics while working with cadmium in regulated areas. You will also not be able to carry or store tobacco products, gum, food, drinks, or cosmetics in regulated areas because these products easily become contaminated with cadmium from the workplace and can therefore create another source of unnecessary cadmium exposure. Some workers will have to change out of work clothes and shower at the end of the day, as part of their workday, in order to wash cadmium from skin and hair. Handwashing and cadmium-free eating facilities ((shall))must be provided by the employer and proper hygiene should always be performed before eating. It is also recommended that you do not smoke or use tobacco products, because among other things, they naturally contain cadmium. For further information, read the labeling on such products.

(4) Physician information.

(a) Introduction. The medical surveillance provisions of WAC 296-62-07423 generally are aimed at accomplishing three main interrelated purposes: First, identifying employees at higher risk of adverse health effects from excess, chronic exposure to cadmium; second, preventing cadmium-induced disease; and third, detecting and minimizing existing cadmium-induced disease. The core of medical surveillance in this standard is the early and periodic monitoring of the employee's biological indicators of:

(i) Recent exposure to cadmium;

(ii) Cadmium body burden; and

(iii) Potential and actual kidney damage associated with exposure to cadmium. The main adverse health effects associated with cadmium overexposure are lung cancer and kidney dysfunction. It is not yet known how to adequately biologically monitor human beings to specifically prevent cadmium-induced lung cancer. By contrast, the kidney can be monitored to provide prevention and early detection of cadmium-induced kidney damage. Since, for noncarcinogenic effects, the kidney is considered the primary target organ of chronic exposure to cadmium, the medical surveillance provisions of this standard effectively focus on cadmium-induced kidney disease. Within that focus, the aim, where possible, is to prevent the onset of such disease and, where necessary, to minimize such disease as may already exist. The by-products of successful prevention of kidney disease are anticipated to be the reduction and prevention of other cadmium-induced diseases.

(b) Health effects. The major health effects associated with cadmium overexposure are described below.

(i) Kidney: The most prevalent nonmalignant disease observed among workers chronically exposed to cadmium is kidney dysfunction. Initially, such dysfunction is manifested as proteinuria. The proteinuria associated with cadmium exposure is most commonly characterized by excretion of low-molecular weight proteins (15,000 to 40,000 MW) accompanied by loss of electrolytes, uric acid, calcium, amino acids, and phosphate. The compounds commonly excreted include: Beta-2-microglobulin (β2-M), retinol binding protein (RBP), immunoglobulin light chains, and lysozyme. Excretion of low molecular weight proteins are characteristic of damage to the proximal tubules of the kidney (Iwao et al., 1980). It has also been observed that exposure to cadmium may lead to urinary excretion of high-molecular weight proteins such as albumin, immunoglobulin G, and glycoproteins (Ex. 29). Excretion of high-molecular weight proteins is typically indicative of damage to the glomeruli of the kidney. Bernard et al., (1979) suggest that damage to the glomeruli and damage to the proximal tubules of the kidney may both be linked to cadmium exposure but they may occur independently of each other. Several studies indicate that the onset of low-molecular weight proteinuria is a sign of irreversible kidney damage (Friberg et al., 1974; Roels et al., 1982; Piscator 1984; Elinder et al., 1985; Smith et al., 1986). Above specific levels of β2-M associated with cadmium exposure it is unlikely that β2-M levels return to normal even when cadmium exposure is eliminated by removal of the individual from the cadmium work environment (Friberg, Ex. 29, 1990). Some studies indicate that such proteinuria may be progressive; levels of β2-M observed in the urine increase with time even after cadmium exposure has ceased. See, for example, Elinder et al., 1985. Such observations, however, are not universal, and it has been suggested that studies in which proteinuria has not been observed to progress may not have tracked patients for a sufficiently long time interval (Jarup, Ex. 8-661). When cadmium exposure continues after the onset of proteinuria, chronic nephrotoxicity may occur (Friberg, Ex. 29). Uremia results from the inability of the glomerulus to adequately filter blood. This leads to severe disturbance of electrolyte concentrations and may lead to various clinical complications including kidney stones (L-140-50). After prolonged exposure to cadmium, glomerular proteinuria, glucosuria, aminoaciduria, phosphaturia, and hypercalciuria may develop (Exs. 8-86, 4-28, 14-18). Phosphate, calcium, glucose, and amino acids are essential to life, and under normal conditions, their excretion should be regulated by the kidney. Once low molecular weight proteinuria has developed, these elements dissipate from the human body. Loss of glomerular function may also occur, manifested by decreased glomerular filtration rate and increased serum creatinine. Severe cadmium-induced renal damage may eventually develop into chronic renal failure and uremia (Ex. 55). Studies in which animals are chronically exposed to cadmium confirm the renal effects observed in humans (Friberg et al., 1986). Animal studies also confirm problems with calcium metabolism and related skeletal effects which have been observed among humans exposed to cadmium in addition to the renal effects. Other effects commonly reported in chronic animal studies include anemia, changes in liver morphology, immunosuppression and hypertension. Some of these effects may be associated with co-factors. Hypertension, for example, appears to be associated with diet as well as cadmium exposure. Animals injected with cadmium have also shown testicular necrosis (Ex. 8-86B).

(ii) Biological markers. It is universally recognized that the best measures of cadmium exposures and its effects are measurements of cadmium in biological fluids, especially urine and blood. Of the two, CdU is conventionally used to determine body burden of cadmium in workers without kidney disease. CdB is conventionally used to monitor for recent exposure to cadmium. In addition, levels of CdU and CdB historically have been used to predict the percent of the population likely to develop kidney disease (Thun et al., Ex. L-140-50; WHO, Ex. 8-674; ACGIH, Exs. 8-667, 140-50). The third biological parameter upon which WISHA relies for medical surveillance is beta-2-microglobulin in urine (β2-M), a low molecular weight protein. Excess β2-M has been widely accepted by physicians and scientists as a reliable indicator of functional damage to the proximal tubule of the kidney (Exs. 8-447, 144-3-C, 4-47, L-140-45, 19-43-A). Excess β2-M is found when the proximal tubules can no longer reabsorb this protein in a normal manner. This failure of the proximal tubules is an early stage of a kind of kidney disease that commonly occurs among workers with excessive cadmium exposure. Used in conjunction with biological test results indicating abnormal levels of CdU and CdB, the finding of excess β2-M can establish for an examining physician that any existing kidney disease is probably cadmium-related (Trs. 6/6/90, pp. 82-86, 122, 134). The upper limits of normal levels for cadmium in urine and cadmium in blood are 3 µg Cd/gram creatinine in urine and 5 µgCd/liter whole blood, respectively. These levels were derived from broad-based population studies. Three issues confront the physicians in the use of β2-M as a marker of kidney dysfunction and material impairment. First, there are a few other causes of elevated levels of β2-M not related to cadmium exposures, some of which may be rather common diseases and some of which are serious diseases (e.g., myeloma or transient flu, Exs. 29 and 8-086). These can be medically evaluated as alternative causes (Friberg, Ex. 29). Also, there are other factors that can cause β2-M to degrade so that low levels would result in workers with tubular dysfunction. For example, regarding the degradation of β2-M, workers with acidic urine (pH<6) might have β2-M levels that are within the "normal" range when in fact kidney dysfunction has occurred (Ex. L-140-1) and the low molecular weight proteins are degraded in acid urine. Thus, it is very important that the pH of urine be measured, that urine samples be buffered as necessary (See WAC 296-62-07451, appendix F.), and that urine samples be handled correctly, i.e., measure the pH of freshly voided urine samples, then if necessary, buffer to Ph˃6 (or above for shipping purposes), measure Ph again and then, perhaps, freeze the sample for storage and shipping. (See also WAC 296-62-07451, appendix F.) Second, there is debate over the pathological significance of proteinuria, however, most world experts believe that β2-M levels greater than 300 µg/g Cr are abnormal (Elinder, Ex. 55, Friberg, Ex. 29). Such levels signify kidney dysfunction that constitutes material impairment of health. Finally, detection of β2-M at low levels has often been considered difficult, however, many laboratories have the capability of detecting excess β2-M using simple kits, such as the Phadebas Delphia test, that are accurate to levels of 100 µg β2-M/g Cr U (Ex. L-140-1). Specific recommendations for ways to measure β2-M and proper handling of urine samples to prevent degradation of β2-M have been addressed by WISHA in WAC 296-62-07451, appendix F, in the section on laboratory standardization. All biological samples must be analyzed in a laboratory that is proficient in the analysis of that particular analyte, under WAC 296-62-07423 (1)(d). (See WAC 296-62-07451, appendix F). Specifically, under WAC 296-62-07423 (1)(d), the employer is to ((assure))ensure that the collecting and handling of biological samples of cadmium in urine (CdU), cadmium in blood (CdB), and beta-2 microglobulin in urine (β2-M) taken from employees is collected in a manner that ((assures))ensures reliability. The employer must also ((assure))ensure that analysis of biological samples of cadmium in urine (CdU), cadmium in blood (CdB), and beta-2 microglobulin in urine (β2-M) taken from employees is performed in laboratories with demonstrated proficiency for that particular analyte. (See WAC 296-62-07451, appendix F).

(iii) Lung and prostate cancer. The primary sites for cadmium-associated cancer appear to be the lung and the prostate (L-140-50). Evidence for an association between cancer and cadmium exposure derives from both epidemiological studies and animal experiments. Mortality from prostate cancer associated with cadmium is slightly elevated in several industrial cohorts, but the number of cases is small and there is not clear dose-response relationship. More substantive evidence exists for lung cancer. The major epidemiological study of lung cancer was conducted by Thun et al., (Ex. 4-68). Adequate data on cadmium exposures were available to allow evaluation of dose-response relationships between cadmium exposure and lung cancer. A statistically significant excess of lung cancer attributed to cadmium exposure was observed in this study even when confounding variables such as co-exposure to arsenic and smoking habits were taken into consideration (Ex. L-140-50). The primary evidence for quantifying a link between lung cancer and cadmium exposure from animal studies derives from two rat bioassay studies; one by Takenaka et al., (1983), which is a study of cadmium chloride and a second study by Oldiges and Glaser (1990) of four cadmium compounds. Based on the above cited studies, the U.S. Environmental Protection Agency (EPA) classified cadmium as "B1," a probable human carcinogen, in 1985 (Ex. 4-4). The International Agency for Research on Cancer (IARC) in 1987 also recommended that cadmium be listed as "2A," a probable human carcinogen (Ex. 4-15). The American Conference of Governmental Industrial Hygienists (ACGIH) has recently recommended that cadmium be labeled as a carcinogen. Since 1984, NIOSH has concluded that cadmium is possibly a human carcinogen and has recommended that exposures be controlled to the lowest level feasible.

(iv) Noncarcinogenic effects. Acute pneumonitis occurs 10 to 24 hours after initial acute inhalation of high levels of cadmium fumes with symptoms such as fever and chest pain (Exs. 30, 8-86B). In extreme exposure cases pulmonary edema may develop and cause death several days after exposure. Little actual exposure measurement data is available on the level of airborne cadmium exposure that causes such immediate adverse lung effects, nonetheless, it is reasonable to believe a cadmium concentration of approximately 1 mg/m3 over an eight hour period is "immediately dangerous" (55 FR 4052, ANSI; Ex. 8-86B). In addition to acute lung effects and chronic renal effects, long term exposure to cadmium may cause other severe effects on the respiratory system. Reduced pulmonary function and chronic lung disease indicative of emphysema have been observed in workers who have had prolonged exposure to cadmium dust or fumes (Exs. 4-29, 4-22, 4-42, 4-50, 4-63). In a study of workers conducted by Kazantzis et al., a statistically significant excess of worker deaths due to chronic bronchitis was found, which in his opinion was directly related to high cadmium exposures of 1 mg/m3 or more (Tr. 6/8/90, pp. 156-157). Cadmium need not be respirable to constitute a hazard. Inspirable cadmium particles that are too large to be respirable but small enough to enter the tracheobronchial region of the lung can lead to bronchoconstriction, chronic pulmonary disease, and cancer of that portion of the lung. All of these diseases have been associated with occupational exposure to cadmium (Ex. 8-86B). Particles that are constrained by their size to the extra-thoracic regions of the respiratory system such as the nose and maxillary sinuses can be swallowed through mucocillary clearance and be absorbed into the body (ACGIH, Ex. 8-692). The impaction of these particles in the upper airways can lead to anosmia, or loss of sense of smell, which is an early indication of overexposure among workers exposed to heavy metals. This condition is commonly reported among cadmium-exposed workers (Ex. 8-86-B).

(c) Medical surveillance. In general, the main provisions of the medical surveillance section of the standard, under WAC 296-62-07423 (1) through (16), are as follows:

(i) Workers exposed above the action level are covered;

(ii) Workers with intermittent exposures are not covered;

(iii) Past workers who are covered receive biological monitoring for at least one year;

(iv) Initial examinations include a medical questionnaire and biological monitoring of cadmium in blood (CdB), cadmium in urine (CdU), and Beta-2-microglobulin in urine (β2-M);

(v) Biological monitoring of these three analytes is performed at least annually; full medical examinations are performed biennially;

(vi) Until five years from the effective date of the standard, medical removal is required when CdU is greater than 15 µg/gram creatinine (g Cr), or CdB is greater than 15 µg/liter whole blood (lwb), or β2-M is greater than 1500 µg/g Cr, and CdB is greater than 5 µg/lwb or CdU is greater than 3 µg/g Cr;

(vii) Beginning five years after the standard is in effect, medical removal triggers will be reduced;

(viii) Medical removal protection benefits are to be provided for up to eighteen months;

(ix) Limited initial medical examinations are required for respirator usage;

(x) Major provisions are fully described under WAC 296-62-07423; they are outlined here as follows:

(A) Eligibility.

(B) Biological monitoring.

(D) Periodic medical surveillance.

(E) Actions triggered by periodic medical surveillance (See appendix A Summary Chart and Tables in WAC 296-62-07441(5).)

(F) Respirator usage.

(G) Emergency medical examinations.

(H) Termination examination.

(I) Information to physician.

(J) Physician's medical opinion.

(K) Medical removal protection.

(L) Medical removal protection benefits.

(M) Multiple physician review.

(N) Alternate physician review.

(O) Information employer gives to employee.

(P) Recordkeeping.

(Q) Reporting on OSHA form 200.

(xi) The above mentioned summary of the medical surveillance provisions, the summary chart, and tables for the actions triggered at different levels of CdU, CdB and β2-M (in subsection (5) of this section, Attachment 1) are included only for the purpose of facilitating understanding of the provisions of WAC 296-62-07423(3) of the final cadmium standard. The summary of the provisions, the summary chart, and the tables do not add to or reduce the requirements in WAC 296-62-07423(3).

(d) Recommendations to physicians.

(i) It is strongly recommended that patients with tubular proteinuria are counseled on: The hazards of smoking; avoidance of nephrotoxins and certain prescriptions and over-the-counter medications that may exacerbate kidney symptoms; how to control diabetes and/or blood pressure; proper hydration, diet, and exercise (Ex. 19-2). A list of prominent or common nephrotoxins is attached. (See subsection (6) of this section, Attachment 2.)

(ii) DO NOT CHELATE; KNOW WHICH DRUGS ARE NEPHROTOXINS OR ARE ASSOCIATED WITH NEPHRITIS.

(iii) The gravity of cadmium-induced renal damage is compounded by the fact there is no medical treatment to prevent or reduce the accumulation of cadmium in the kidney (Ex. 8-619). Dr. Friberg, a leading world expert on cadmium toxicity, indicated in 1992, that there is no form of chelating agent that could be used without substantial risk. He stated that tubular proteinuria has to be treated in the same way as other kidney disorders (Ex. 29).

(iv) After the results of a workers' biological monitoring or medical examination are received the employer is required to provide an information sheet to the patient, briefly explaining the significance of the results. (See subsection (7) of this section.)

(v) For additional information the physician is referred to the following additional resources:

(A) The physician can always obtain a copy of the OSHA final rule preamble, with its full discussion of the health effects, from OSHA's Computerized Information System (OCIS).

(B) The OSHA Docket Officer maintains a record of the OSHA rulemaking. The Cadmium Docket (H-057A), is located at 200 Constitution Ave. NW., Room N-2625, Washington, DC 20210; telephone: (202) 219-7894.

Exhibit number		Author and paper title
	8-447	Lauwerys et. al., Guide for physicians, "Health Maintenance of Workers Exposed to Cadmium," published by the Cadmium Council.
	4-67	Takenaka, S., H. Oldiges, H. Konig, D. Hochrainer, G. Oberdorster. "Carcinogenicity of Cadmium Chloride Aerosols in Wistar Rats." JNCI 70:367-373, 1983. (32)
	4-68	Thun, M.J., T.M. Schnoor, A.B. Smith, W.E. Halperin, R.A. Lemen. "Mortality Among a Cohort of U.S. Cadmium Production Workers—An Update." JNCI 74(2):325-33, 1985. (8)
	4-25	Elinder, C.G., Kjellstrom, T., Hogstedt, C., et al., "Cancer Mortality of Cadmium Workers." Brit. J. Ind. Med. 42:651-655, 1985. (14)
	4-26	Ellis, K.J. et al., "Critical Concentrations of Cadmium in Human Renal Cortex: Dose Effect Studies to Cadmium Smelter Workers." J. Toxicol. Environ. Health 7:691-703, 1981. (76)
	4-27	Ellis, K.J., S.H. Cohn and T.J. Smith. "Cadmium Inhalation Exposure Estimates: Their Significance with Respect to Kidney and Liver Cadmium Burden." J. Toxicol. Environ. Health 15:173-187, 1985.
	4-28	Falck, F.Y., Jr., Fine, L.J., Smith, R.G., McClatchey, K.D., Annesley, T., England, B., and Schork, A.M. "Occupational Cadmium Exposure and Renal Status." Am. J. Ind. Med. 4:541, 1983. (64)
	8-86A	Friberg, L., C.G. Elinder, et al., "Cadmium and Health a Toxicological and Epidemiological Appraisal, Volume I, Exposure, Dose, and Metabolism." CRC Press, Inc., Boca Raton, FL, 1986. (Available from the OSHA Technical Data Center)
	8-86B	Friberg, L., C.G. Elinder, et al., "Cadmium and Health: A Toxicological and Epidemiological Appraisal, Volume II, Effects and Response." CRC Press, Inc., Boca Raton, FL, 1986. (Available from the OSHA Technical Data Center)
	L-140-45	Elinder, C.G., "Cancer Mortality of Cadmium Workers," Brit. J. Ind. Med., 42, 651-655, 1985.
	L-140-50	Thun, M., Elinder, C.G., Friberg, L, "Scientific Basis for an Occupational Standard for Cadmium, Am. J. Ind. Med., 20; 629-642, 1991.

(5) Information sheet. The information sheet (subsection (8) of this section, Attachment 3) or an equally explanatory one should be provided to you after any biological monitoring results are reviewed by the physician, or where applicable, after any medical examination.

(6) Attachment 1—Appendix A, summary chart and Tables A and B of actions triggered by biological monitoring.

(a) Summary chart: WAC 296-62-07423(3) Medical surveillance—Categorizing biological monitoring results.

(i) Biological monitoring results categories are set forth in Table A for the periods ending December 31, 1998, and for the period beginning January 1, 1999.

(ii) The results of the biological monitoring for the initial medical exam and the subsequent exams ((shall))must determine an employee's biological monitoring result category.

(b) Actions triggered by biological monitoring.

(i) The actions triggered by biological monitoring for an employee are set forth in Table B.

(ii) The biological monitoring results for each employee under WAC 296-62-07423(3) ((shall))must determine the actions required for that employee. That is, for any employee in biological monitoring category C, the employer will perform all of the actions for which there is an X in column C of Table B.

(iii) An employee is assigned the alphabetical category ("A" being the lowest) depending upon the test results of the three biological markers.

(iv) An employee is assigned category A if monitoring results for all three biological markers fall at or below the levels indicated in the table listed for category A.

(v) An employee is assigned category B if any monitoring result for any of the three biological markers fall within the range of levels indicated in the table listed for category B, providing no result exceeds the levels listed for category B.

(vi) An employee is assigned category C if any monitoring result for any of the three biological markers are above the levels listed for category C.

(c) The user of Tables A and B should know that these tables are provided only to facilitate understanding of the relevant provisions of WAC 296-62-07423. Tables A and B are not meant to add to or subtract from the requirements of those provisions.

Table A

Categorization of Biological Monitoring Results

Applicable Through 1998 Only

	Monitoring result categories
Biological marker	A	B	C
Cadmium in urine (CdU) (µg/g creatinine)	≤=3	˃3 and ≤=15	˃15
β2-microglobulin (β2-M) (µg/g creatinine)	≤=300	˃300 and ≤=1500	˃1500*
Cadmium in blood (CdB) (µg/liter whole blood)	≤=5	˃5 and ≤=15	˃15

*	If an employee's β2-M levels are above 1,500 µg/g creatinine, in order for mandatory medical removal to be required (See WAC 296-62-07441, Appendix A Table B.), either the employee's CdU level must also be ˃3 µg/g creatinine or CdB level must also be ˃5 µg/liter whole blood.

Applicable Beginning January 1, 1999

	Monitoring result categories
Biological marker	A	B	C
Cadmium in urine (CdU) (µg/g creatinine)	≤=3	˃3 and ≤=7	˃7
β2-microglobulin (β2-M) (µg/g creatinine)	≤=300	˃300 and ≤=750	˃750*
Cadmium in blood (CdB) (µg/liter whole blood)	≤=5	˃5 and ≤=10	˃10

*	If an employee's β2-M levels are above 750 µg/g creatinine, in order for mandatory medical removal to be required (See WAC 296-62-07441, Appendix A Table B.), either the employee's CdU level must also be ˃3 µg/g creatinine or CdB level must also be ˃5 µg/liter whole blood.

Table B—Actions determined by biological monitoring.

This table presents the actions required based on the monitoring result in Table A. Each item is a separate requirement in citing noncompliance. For example, a medical examination within ninety days for an employee in category B is separate from the requirement to administer a periodic medical examination for category B employees on an annual basis.

Table B

Monitoring result category

		A1	B1	C1
Required actions
(1) Biological monitoring:
	(a) Annual.	X
	(b) Semiannual		X
	(c) Quarterly			X
(2) Medical examination:
	(a) Biennial	X
	(b) Annual.		X
	(c) Semiannual.			X
	(d) Within 90 days		X	X
(3) Assess within two weeks:
	(a) Excess cadmium exposure		X	X
	(b) Work practices		X	X
	(c) Personal hygiene		X	X
	(d) Respirator usage		X	X
	(e) Smoking history		X	X
	(f) Hygiene facilities		X	X
	(g) Engineering controls		X	X
	(h) Correct within 30 days		X	X
	(i) Periodically assess exposures			X
(4) Discretionary medical removal			X	X
(5) Mandatory medical removal				X2

1	For all employees covered by medical surveillance exclusively because of exposures prior to the effective date of this standard, if they are in Category A, the employer shall follow the requirements of WAC 296-62-07423 (3)(a)(ii) and (4)(e)(i). If they are in Category B or C, the employer shall follow the requirements of WAC 296-62-07423 (4)(e)(ii) and (iii).
2	See footnote in Table A.

(7) Attachment 2, list of medications.

(a) A list of the more common medications that a physician, and the employee, may wish to review is likely to include some of the following:

(i) Anticonvulsants: Paramethadione, phenytoin, trimethadone;

(ii) Antihypertensive drugs: Captopril, methyldopa;

(iii) Antimicrobials: Aminoglycosides, amphotericin B, cephalosporins, ethambutol;

(iv) Antineoplastic agents: Cisplatin, methotrexate, mitomycin-C, nitrosoureas, radiation;

(v) Sulfonamide diuretics: Acetazolamide, chlorthalidone, furosemide, thiazides;

(vi) Halogenated alkanes, hydrocarbons, and solvents that may occur in some settings: Carbon tetrachloride, ethylene glycol, toluene; iodinated radiographic contrast media; nonsteroidal anti-inflammatory drugs; and

(vii) Other miscellaneous compounds: Acetaminophen, allopurinol, amphetamines, azathioprine, cimetidine, cyclosporine, lithium, methoxyflurane, methysergide, D-penicillamine, phenacetin, phenendione.

(b) A list of drugs associated with acute interstitial nephritis includes:

(i) Antimicrobial drugs: Cephalosporins, chloramphenicol, colistin, erythromycin, ethambutol, isoniazid, para-amin-osalicylic acid, penicillins, polymyxin B, rifampin, sulfonamides, tetracyclines, and vancomycin;

(ii) Other miscellaneous drugs: Allopurinol, antipyrine, azathioprine, captopril, cimetidine, clofibrate, methyldopa, phenindione, phenylpropanolamine, phenytoin, probenecid, sulfinpyrazone, sulfonamide diuretics, triamterene; and

(iii) Metals: Bismuth, gold. This list has been derived from commonly available medical textbooks (e.g., Ex. 14-18). The list has been included merely to facilitate the physician's, employer's, and employee's understanding. The list does not represent an official OSHA opinion or policy regarding the use of these medications for particular employees. The use of such medications should be under physician discretion.

(8) Attachment 3—Biological monitoring and medical examination results.

Employee

Testing

Date

Cadmium in Urine ___ µg/g Cr—Normal Levels: ≤=3 µg/g Cr.

Cadmium in Blood ___ µg/lwb—Normal Levels: ≤=5 µg/lwb.

Beta-2-microglobulin in Urine ___ µg/g Cr-Normal Levels: ≤=300 µg/g Cr.

Physical Examination Results:

N/A ___ Satisfactory ___

Unsatisfactory ___ (see physician again).

Physician's Review of Pulmonary Function Test:

N/A ___ Normal ___ Abnormal ___.

Next biological monitoring or

medical examination scheduled

for __________________

(a) The biological monitoring program has been designed for three main purposes:

(i) To identify employees at risk of adverse health effects from excess, chronic exposure to cadmium;

(ii) To prevent cadmium-induced disease(s); and

(iii) To detect and minimize existing cadmium-induced disease(s).

(b) The levels of cadmium in the urine and blood provide an estimate of the total amount of cadmium in the body. The amount of a specific protein in the urine (beta-2-microglobulin) indicates changes in kidney function. All three tests must be evaluated together. A single mildly elevated result may not be important if testing at a later time indicates that the results are normal and the workplace has been evaluated to decrease possible sources of cadmium exposure. The levels of cadmium or beta-2-microglobulin may change over a period of days to months and the time needed for those changes to occur is different for each worker.

(c) If the results for biological monitoring are above specific "high levels" (cadmium urine greater than 10 micrograms per gram of creatinine µg/g Cr), cadmium blood greater than 10 micrograms per liter of whole blood (µg/lwb), or beta-2-microglobulin greater than 1000 micrograms per gram of creatinine (µg/g Cr)), the worker has a much greater chance of developing other kidney diseases.

(d) One way to measure for kidney function is by measuring beta-2-microglobulin in the urine. Beta-2-microglobulin is a protein which is normally found in the blood as it is being filtered in the kidney, and the kidney reabsorbs or returns almost all of the beta-2-microglobulin to the blood. A very small amount (less than 300 µg/g Cr in the urine) of beta-2-microglobulin is not reabsorbed into the blood, but is released in the urine. If cadmium damages the kidney, the amount of beta-2-microglobulin in the urine increases because the kidney cells are unable to reabsorb the beta-2-microglobulin normally. An increase in the amount of beta-2-microglobulin in the urine is a very early sign of kidney dysfunction. A small increase in beta-2-microglobulin in the urine will serve as an early warning sign that the worker may be absorbing cadmium from the air, cigarettes contaminated in the workplace, or eating in areas that are cadmium contaminated.

(e) Even if cadmium causes permanent changes in the kidney's ability to reabsorb beta-2-microglobulin, and the beta-2-microglobulin is above the "high levels," the loss of kidney function may not lead to any serious health problems. Also, renal function naturally declines as people age. The risk for changes in kidney function for workers who have biological monitoring results between the "normal values" and the "high levels" is not well known. Some people are more cadmium-tolerant, while others are more cadmium-susceptible.

(f) For anyone with even a slight increase of beta-2-microglobulin, cadmium in the urine, or cadmium in the blood, it is very important to protect the kidney from further damage. Kidney damage can come from other sources than excess cadmium-exposure so it is also recommended that if a worker's levels are "high" ((he/she))they should receive counseling about drinking more water; avoiding cadmium-tainted tobacco and certain medications (nephrotoxins, acetaminophen); controlling diet, vitamin intake, blood pressure and diabetes; etc.

AMENDATORY SECTION(Amending WSR 93-21-075, filed 10/20/93, effective 12/1/93)

WAC 296-62-07447Appendix D—Occupational health history interview with reference to cadmium exposure directions.

(To be read by employee and signed prior to the interview.)

Please answer the questions you will be asked as completely and carefully as you can. These questions are asked of everyone who works with cadmium. You will also be asked to give blood and urine samples. The doctor will give your employer a written opinion on whether you are physically capable of working with cadmium. Legally, the doctor cannot share personal information you may tell ((him/her))them with your employer. The following information is considered strictly confidential. The results of the tests will go to you, your doctor and your employer. You will also receive an information sheet explaining the results of any biological monitoring or physical examinations performed. If you are just being hired, the results of this interview and examination will be used to:

(1) Establish your health status and see if working with cadmium might be expected to cause unusual problems;

(2) Determine your health status today and see if there are changes over time;

(3) See if you can wear a respirator safely. If you are not a new hire: WISHA says that everyone who works with cadmium can have periodic medical examinations performed by a doctor. The reasons for this are:

(a) If there are changes in your health, either because of cadmium or some other reason, to find them early;

(b) To prevent kidney damage.

Please sign below.

I have read these directions and understand them:

Employee signature

Date

Thank you for answering these questions. (Suggested Format)

Name . . . .

Age . . . .

Social Security # . . . .

Company . . . .

Job . . . .

Type of Preplacement Exam:

[ ] Periodic [ ] Termination [ ] Initial [ ] Other

Blood Pressure . . . .

Pulse Rate . . . .

1. How long have you worked at the job listed above?

[ ] Not yet hired [ ] Number of months [ ] Number of years

2. Job Duties etc.

. . . .

3. Have you ever been told by a doctor that you had bronchitis?

[ ] Yes [ ] No

If yes, how long ago?

[ ] Number of months [ ] Number of years

4. Have you ever been told by a doctor that you had emphysema?

[ ] Yes [ ] No

If yes, how long ago?

[ ] Number of years [ ] Number of months

5. Have you ever been told by a doctor that you had other lung problems?

[ ] Yes [ ] No

If yes, please describe type of lung problems and when you had these problems

. . . .

6. In the past year, have you had a cough?

[ ] Yes [ ] No

If yes, did you cough up sputum?

[ ] Yes [ ] No

If yes, how long did the cough with sputum production last?

[ ] Less than 3 months [ ] 3 months or longer

If yes, for how many years have you had episodes of cough with sputum production lasting this long?

[ ] Less than one [ ] 1 [ ] 2 [ ] Longer than 2

7. Have you ever smoked cigarettes?

[ ] Yes [ ] No

8. Do you now smoke cigarettes?

[ ] Yes [ ] No

9. If you smoke or have smoked cigarettes, for how many years have you smoked, or did you smoke?

[ ] Less than 1 year [ ] Number of years

What is or was the greatest number of packs per day that you have smoked?

[ ] Number of packs

If you quit smoking cigarettes, how many years ago did you quit?

[ ] Less than 1 year [ ] Number of years

How many packs a day do you now smoke?

[ ] Number of packs per day

10. Have you ever been told by a doctor that you had a kidney or urinary tract disease or disorder?

[ ] Yes [ ] No

11. Have you ever had any of these disorders?

Kidney stones [ ] Yes [ ] No

Protein in urine [ ] Yes [ ] No

Blood in urine [ ] Yes [ ] No

Difficulty urinating [ ] Yes [ ] No

Other kidney/Urinary disorders [ ] Yes [ ] No

Please describe problems, age, treatment, and follow up for any kidney or urinary problems you have had:

. . . .

12. Have you ever been told by a doctor or other health care provider who took your blood pressure that your blood pressure was high?

[ ] Yes [ ] No

13. Have you ever been advised to take any blood pressure medication?

[ ] Yes [ ] No

14. Are you presently taking any blood pressure medication?

[ ] Yes [ ] No

15. Are you presently taking any other medication?

[ ] Yes [ ] No

16. Please list any blood pressure or other medications and describe how long you have been taking each one:

Medicine:

. . . .

How Long Taken

. . . .

17. Have you ever been told by a doctor that you have diabetes? (sugar in your blood or urine)

[ ] Yes [ ] No

If yes, do you presently see a doctor about your diabetes?

[ ] Yes [ ] No

If yes, how do you control your blood sugar?

[ ] Diet alone [ ] Diet plus oral medicine [ ] Diet plus insulin (injection)

18. Have you ever been told by a doctor that you had:

Anemia [ ] Yes [ ] No

A low blood count? [ ] Yes [ ] No

19. Do you presently feel that you tire or run out of energy sooner than normal or sooner than other people your age?

[ ] Yes [ ] No

If yes, for how long have you felt that you tire easily?

[ ] Less than 1 year [ ] Number of years

20. Have you given blood within the last year?

[ ] Yes [ ] No

If yes, how many times?

[ ] Number of times

How long ago was the last time you gave blood?

[ ] Less than 1 month [ ] Number of months

21. Within the last year have you had any injuries with heavy bleeding?

[ ] Yes [ ] No

If yes, how long ago?

[ ] Less than 1 month [ ] Number of months

describe: . . . .

. . . .

22. Have you recently had any surgery?

[ ] Yes [ ] No

If yes, please describe: . . . .

. . . .

23. Have you seen any blood lately in your stool or after a bowel movement?

[ ] Yes [ ] No

24. Have you ever had a test for blood in your stool?

[ ] Yes [ ] No

If yes, did the test show any blood in the stool?

[ ] Yes [ ] No

What further evaluation and treatment were done? . . . .

. . . .

The following questions pertain to the ability to wear a respirator. Additional information for the physician can be found in The Respiratory Protective Devices Manual.

25. Have you ever been told by a doctor that you have asthma?

[ ] Yes [ ] No

If yes, are you presently taking any medication for asthma?

Mark all that apply. [ ] Shots [ ] Pills [ ] Inhaler

26. Have you ever had a heart attack?

[ ] Yes [ ] No

If yes, how long ago?

[ ] Number of years [ ] Number of months

27. Have you ever had pains in your chest?

[ ] Yes [ ] No

If yes, when did it usually happen?

[ ] While resting [ ] While working [ ] While exercising [ ] Activity didn't matter

28. Have you ever had a thyroid problem?

[ ] Yes [ ] No

29. Have you ever had a seizure or fits?

[ ] Yes [ ] No

30. Have you ever had a stroke (cerebrovascular accident)?

[ ] Yes [ ] No

31. Have you ever had a ruptured eardrum or a serious hearing problem?

[ ] Yes [ ] No

32. Do you now have a claustrophobia, meaning fear of crowded or closed in spaces or any psychological problems that would make it hard for you to wear a respirator?

[ ] Yes [ ] No

The following questions pertain to reproductive history.

33. Have you or your partner had a problem conceiving a child?

[ ] Yes [ ] No

If yes, specify: [ ] Self [ ] Present mate [ ] Previous mate

34. Have you or your partner consulted a physician for a fertility or other reproductive problem?

[ ] Yes [ ] No

If yes, specify who consulted the physician: [ ] Self [ ] Spouse/partner [ ] Self and partner

If yes, specify diagnosis made: . . . .

. . . .

35. Have you or your partner ever conceived a child resulting in a miscarriage, still birth or deformed offspring?

[ ] Yes [ ] No

If yes, specify: [ ] Miscarriage [ ] Still birth [ ] Deformed offspring

If outcome was a deformed offspring, please specify type: . . . .

. . . .

36. Was this outcome a result of a pregnancy of: [ ] Yours with present partner [ ] Yours with a previous partner

37. Did the timing of any abnormal pregnancy outcome coincide with present employment?

[ ] Yes [ ] No

List dates of occurrences: . . . .

38. What is the occupation of your spouse or partner?

. . . .

For Women Only

39. Do you have menstrual periods?

[ ] Yes [ ] No

Have you had menstrual irregularities?

[ ] Yes [ ] No

If yes, specify type: . . . .

. . . .

If yes, what was the approximated date this problem began?

Approximate date problem stopped? . . . .

For Men Only

40. Have you ever been diagnosed by a physician as having prostate gland problem(s)?

[ ] Yes [ ] No

If yes, please describe type of problem(s) and what was done to evaluate

and treat the problem(s): . . . .

. . . .

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-074601,3-Butadiene.

(1) Scope and application.

(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))must 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))Action level. A concentration of airborne BD of 0.5 ppm calculated as an 8-hour time-weighted average.

(("Authorized person" means))Authorized person. 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))1,3-Butadiene. 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))Business day. Any Monday through Friday, except those days designated as federal, state, local or company specific holidays.

(("Complete blood count (CBC)" means))Complete blood count (CBC). 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))Day. Any part of a calendar day.

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

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

(("Objective data" means))Objective data. 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))Permissible exposure limits (PELs). 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))Physician or other licensed health care professional. An individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows ((him or her))them 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))Regulated area. 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 section. This 1,3-butadiene standard.

(3) Permissible exposure limits (PELs).

(a) Time-weighted average (TWA) limit. The employer ((shall))must 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))must 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))must 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))must 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))must 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))must perform initial monitoring to determine accurately the airborne concentrations of BD to which employees may be exposed, or ((shall))must rely on objective data pursuant to subsection (1)(b)(i) of this section to fulfill this requirement. The initial monitoring required under this subitem ((shall))must be completed within sixty days of the introduction of BD into the workplace.

(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.

(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))must 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))must 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))must 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))must 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))must 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))must 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))must, 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))must, 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))must 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))must provide the observer at no cost with protective clothing and equipment, and ((shall))must ensure that the observer uses this equipment and complies with all other applicable safety and health procedures.

(5) Regulated areas.

(a) The employer ((shall))must 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))must be limited to authorized persons.

(c) Regulated areas ((shall))must 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))must 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))must 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))must use them to reduce employee exposure to the lowest levels achievable by these controls and ((shall))must 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))must 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))must 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))must be furnished upon request for examination and copying to the director, affected employees and designated employee representatives. Such plans ((shall))must be reviewed at least every 12 months, and ((shall))must be updated as necessary to reflect significant changes in the status of the employer's compliance program.

(iv) The employer ((shall))must 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))must 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))must be furnished upon request for examination and copying to the director, affected employees and designated employee representatives.

(c) Such plans ((shall))must 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))must 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.

(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 296-842 WAC, except WAC 296-842-13005 and 296-842-14005, which covers each employee required by this section to use a respirator.

(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.

(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.

(ii) Air-purifying respirators must have filter elements certified by NIOSH for organic vapor or BD.

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

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

(10) Emergency situations. Written plan. A written plan for emergency situations ((shall))must be developed, or an existing plan ((shall))must 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))chapter 296-843 WAC, 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))must 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))must 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

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

(b) Program administration.

(i) The employer ((shall))must 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))must be performed or administered by a physician or other licensed health care professional.

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

(c) Frequency of medical screening activities. The employer ((shall))must 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;

(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))must 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 chapter 296-842 WAC.

(d) Content of medical screening.

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

(A) A baseline health questionnaire that includes a comprehensive occupational and health history and is updated annually. Particular emphasis ((shall))must 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))must 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;

(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))must 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))must 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))must refer the employee to an appropriate specialist for further evaluation and ((shall))must make available to the specialist the results of the medical screening.

(ii) The specialist to whom the employee is referred under this subsection ((shall))must 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))must 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))must 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))must 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;

(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))must not reveal specific records, findings, and diagnoses that have no bearing on the employee's ability to work with BD.

Note:

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

(h) Medical surveillance.

(i) The employer ((shall))must 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.

(a) Hazard communication - General.

(i) Chemical manufacturers, importers, distributors and employers ((shall))must comply with all requirements of the Hazard Communication Standard (HCS), WAC 296-901-140 for BD.

(ii) In classifying the hazards of BD at least the following hazards are to be addressed: Cancer; eye and respiratory tract irritation; central nervous system effects; and flammability.

(iii) Employers ((shall))must include BD in the hazard communication program established to comply with the HCS, WAC 296-901-140. Employers ((shall))must ensure that each employee has access to labels on containers of BD and to safety data sheets, and is trained in accordance with the requirements of HCS and (b) of this subsection.

(b) Employee information and training.

(i) The employer ((shall))must train each employee who is potentially exposed to BD at or above the action level or the STEL in accordance with the requirements of WAC 296-901-140((,)) Hazard communication.

(ii) The employer ((shall))must 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))must 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))must be conducted in a manner that the employee is able to understand. The employer ((shall))must 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.

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

(ii) The employer ((shall))must 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))must establish and maintain a record of the objective data reasonably relied upon in support of the exemption.

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

(A) The product or activity qualifying for exemption;

(B) The source of the objective data;

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

(b) Exposure measurements.

(i) The employer ((shall))must 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))must include at least the following information:

(A) The date of measurement;

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

(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))must maintain this record for at least 30 years in accordance with chapter 296-802 WAC.

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

(ii) The record ((shall))must 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))must be maintained for each employee for the duration of employment plus 30 years, in accordance with chapter 296-802 WAC.

(d) Availability.

(i) The employer, upon written request, ((shall))must 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))must be granted in accordance with chapter 296-802 WAC.

(e) Transfer of records. The employer shall transfer medical and exposure records as set forth in WAC 296-802-60005.

(14) ((Dates.

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

(b))) Start-up dates.

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

(((ii)))(b) 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))must 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.

(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 reentering 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 C.F.R. 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 C.F.R. 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

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 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.

(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.

(b) Disposal: This substance, when discarded or disposed of, is a hazardous waste according to Federal regulations (40 C.F.R. 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 C.F.R. parts 262, 263, 264, 268 and 270. Disposal can occur only in properly permitted facilities. Check state and local regulations for any additional requirements because these may be more restrictive than federal laws and regulations.

(4) Monitoring and Measurement Procedures.

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

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

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

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

Table 1. — Five Exposure Scenarios and Their Associated

Monitoring Frequencies

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

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

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

(5) Personal Protective Equipment.

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

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

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

(6) Housekeeping and Hygiene Facilities.

For purposes of complying with WAC 296-800-220 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.

(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.

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.

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.

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)

CAS No.: 106-99-0

Molecular weight: 54.1

Appearance: Colorless gas

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

Freezing point: -108.9 deg. C

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

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

Odor threshold: 0.45 ppm

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

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

(d) Limit defining parameters.

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

(e) Detection limit of the analytical procedure.

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

(f) Detection limit of the overall procedure.

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

(g) Reliable quantitation limit.

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

(h) Sensitivity.(1)

Footnote (1)

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

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

(i) Recovery.

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

(j) Precision (analytical method only).

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

(k) Precision (overall procedure).

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

(l) Reproducibility.

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

(2) Sampling procedure.

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

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

None required.

(d) Technique.

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

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

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

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

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

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

(e) Breakthrough.

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

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

(f) Desorption efficiency.

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

(g) Recommended air volume and sampling rate.

(h) The recommended air volume is 3 L.

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

(j) Interferences.

There are no known interferences to the sampling method.

(k) Safety precautions.

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

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

(3) Analytical procedure.

(a) Apparatus.

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

Footnote (2)

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

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

Footnote (3)

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

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

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

(b) Reagents.

(i) Carbon disulfide.(4)

Footnote (4)

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

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

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

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

Footnote (5)

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

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

Footnote (6)

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

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

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

Where:

MV = ambient molar volume

BP = ambient barometric pressure

T = ambient temperature

ug/uL = 54.09/MV

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

(d) Sample preparation.

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

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

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

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

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

(e) Analysis.

(i) GC Conditions.

Column temperature: 95 deg. C

Injector temperature: 180 deg. C

Detector temperature: 275 deg. C

Carrier gas flow rate: 30 mL/min.

Injection volume: 0.80 uL

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

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

(ii) Chromatogram. See Section 4.2.

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

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

(v) Bracket sample concentrations with standards.

(f) Interferences (analytical).

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

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

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

(g) Calculations.

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

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

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

mg/m(3) = (A)(B)/(C)(D)

Where:

A = ug/mL from Section 3.7.2

B = volume

C = L of air sampled

D = efficiency

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

ppm = (mg/m(3))(24.46)/54.09

Where:

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

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

(h) Safety precautions (analytical).

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

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

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

(4) Additional Information.

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

(i) Apparatus.

(A) Magnetic stirrer and stir bar.

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

Footnote (8)

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

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

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

(ii) Reagents.

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

Footnote (9)

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

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

Footnote (10)

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

Footnote (11)

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

(D) Nitrogen gas, GC grade.

(iii) Procedure.

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

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

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

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

(b) Chromatograms.

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

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

(5) References.

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

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

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

Appendix E: Reserved.

APPENDIX F, MEDICAL QUESTIONNAIRES, (Non-mandatory)

1,3-Butadiene (BD) Initial Health Questionnaire

DIRECTIONS:

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

This form is a confidential medical record. Only information directly related to your health and safety on the job may be given to your employer. Personal health information will not be given to anyone without your consent.

Date:
Name:			SSN___/___/___
Last	First	MI
Job Title:
Company's Name:
Supervisor's Name:
Supervisor's Phone No.: ( ) ___-_____

Work History

1. Please list all jobs you have had in the past, starting with the job you have now and moving back in time to your first job. (For more space, write on the back of this page.)

Main Job Duty

Year

Company Name

City, State

Chemicals

2. Please describe what you do during a typical work day. Be sure to tell about your work with BD.

3. Please check any of these chemicals that you work with now or have worked with in the past:

benzene	_____
glues	_____
toluene	_____
inks, dyes	_____
other solvents, grease cutters	_____
insecticides (like DDT, lindane, etc.)	_____
paints, varnishes, thinners, strippers	_____
dusts	_____
carbon tetrachloride ("carbon tet")	_____
arsine	_____
carbon disulfide	_____
lead	_____
cement	_____
petroleum products	_____
nitrites	_____

4. Please check the protective clothing or equipment you use at the job you have now:

gloves		_____
coveralls		_____
respirator		_____
dust mask		_____
safety glasses, goggles		_____

Please circle your answer.

5. Does your protective clothing or equipment fit you properly? yes no

6. Have you ever made changes in your protective clothing or equipment to make it fit better? yes no

7. Have you been exposed to BD when you were not wearing protective clothing or equipment? yes no

8. Where do you eat, drink and/or smoke when you are at work? (Please check all that apply.)

Cafeteria/restaurant/snack bar		_____
Break room/employee lounge		_____
Smoking lounge		_____
At my work station		_____

Please circle your answer.

9. Have you been exposed to radiation (like x-rays or nuclear material) at the job you have now or at past jobs? yes no

10. Do you have any hobbies that expose you to dusts or chemicals (including paints, glues, etc.)? yes no

11. Do you have any second or side jobs? yes no

	If yes, what are your duties there?

12. Were you in the military? yes no

If yes, what did you do in the military?

Family Health History

1. In the FAMILY MEMBER column, across from the disease name, write which family member, if any, had the disease.

DISEASE

FAMILY MEMBER

Cancer

Lymphoma

Sickle Cell Disease or Trait

Immune Disease

Leukemia

Anemia

2. Please fill in the following information about family health

Relative

Alive?

Age at Death?

Cause of Death?

Father

Mother

Brother/Sister

Personal Health History

Birth Date __/__/__ Age __ Sex __ Height___ Weight ___

Please circle your answer.

1. Do you smoke any tobacco products? yes no

2. Have you ever had any kind of surgery or operation? yes no

If yes, what type of surgery:

3. Have you ever been in the hospital for any other reasons? yes no

	If yes, please describe the reason

4. Do you have any on-going or current medical problems or conditions? yes no

	If yes, please describe:

5. Do you now have or have you ever had any of the following? Please check all that apply to you.

unexplained fever	_____
anemia ("low blood")	_____
HIV/AIDS	_____
weakness	_____
sickle cell	_____
miscarriage	_____
skin rash	_____
bloody stools	_____
leukemia/lymphoma	_____
neck mass/swelling	_____
wheezing	_____
yellowing of skin	_____
bruising easily	_____
lupus	_____
weight loss	_____
kidney problems	_____
enlarged lymph nodes	_____
liver disease	_____
cancer	_____
infertility	_____
drinking problems	_____
thyroid problems	_____
night sweats	_____
chest pain	_____
still birth	_____
eye redness	_____
lumps you can feel	_____
child with birth defect	_____
autoimmune disease	_____
overly tired	_____
lung problems	_____
rheumatoid arthritis	_____
mononucleosis ("mono")	_____
nagging cough	_____

Please circle your answer.

6. Do you have any symptoms or health problems that you think may be related to your work with BD? yes no

	If yes, please describe:

7. Have any of your co-workers had similar symptoms or problems? yes no don't know

	If yes, please describe:

8. Do you notice any irritation of your eyes, nose, throat, lungs, or skin when working with BD? yes no

9. Do you notice any blurred vision, coughing, drowsiness, nausea, or headache when working with BD? yes no

10. Do you take any medications (including birth control or over-the-counter)? yes no

	If yes, please list:

11. Are you allergic to any medication, food, or chemicals? yes no

	If yes, please list:

12. Do you have any health conditions not covered by this questionnaire that you think are affected by your work with

BD? yes no

	If yes, please explain:

13. Did you understand all the questions? yes no


Signature

1,3-Butadiene (BD) Health Update Questionnaire

DIRECTIONS:

Date:
Name:			SSN___/___/___
Last	First	MI
Job Title:
Company's Name:
Supervisor's Name:
Supervisor's Phone No.: ( ) ___-_____

1. Please describe any NEW duties that you have at your

job. _____

2. Please describe any additional job duties you have:

Please circle your answer.

3. Are you exposed to any other chemicals in your work since the last time you were evaluated for exposure to BD? yes no

	If yes, please list what they are: _____

4. Does your personal protective equipment and clothing fit you properly? yes no

5. Have you made changes in this equipment or clothing to make if fit better? yes no

6. Have you been exposed to BD when you were not wearing protective clothing or equipment? yes no

7. Are you exposed to any NEW chemicals at home or while working on hobbies? yes no

	If yes, please list what they are: _____

8. Since your last BD health evaluation, have you started working any new second or side jobs? yes no

	If yes, what are your duties there?

Personal Health History

1. What is your current weight? ____ pounds

2. Have you been diagnosed with any new medical conditions or illness since your last evaluation? yes no

	If yes, please tell what they are: _____

3. Since your last evaluation, have you been in the hospital for any illnesses, injuries, or surgery? yes no

	If yes, please describe: _____

4. Do you have any of the following? Please place a check for all that apply to you.

unexplained fever	_____
anemia ("low blood")	_____
HIV/AIDS	_____
weakness	_____
sickle cell	_____
miscarriage	_____
skin rash	_____
bloody stools	_____
leukemia/lymphoma	_____
neck mass/swelling	_____
wheezing	_____
yellowing of skin	_____
bruising easily	_____
lupus	_____
weight loss	_____
kidney problems	_____
enlarged lymph nodes	_____
liver disease	_____
cancer	_____
infertility	_____
drinking problems	_____
thyroid problems	_____
night sweats	_____
chest pain	_____
still birth	_____
eye redness	_____
lumps you can feel	_____
child with birth defect	_____
autoimmune disease	_____
overly tired	_____
lung problems	_____
rheumatoid arthritis	_____
mononucleosis ("mono")	_____
nagging cough	_____

Please circle your answer.

5. Do you have any symptoms or health problems that you think may be related to your work with BD? yes no

	If yes, please describe:

6. Have any of your co-workers had similar symptoms or problems? yes no don't know

	If yes, please describe:

7. Do you notice any irritation of your eyes, nose, throat, lungs, or skin when working with BD? yes no

8. Do you notice any blurred vision, coughing, drowsiness, nausea, or headache when working with BD? yes no

9. Have you been taking any NEW medications (including birth control or over-the-counter)? yes no

If yes, please list:

10. Have you developed any new allergies to medications, foods, or chemicals? yes no

If yes, please list:

11. Do you have any health conditions not covered by this questionnaire that you think are affected by your work with BD? yes no

	If yes, please describe:

12. Do you understand all the questions? yes no

Signature

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-07470Methylene chloride.

This occupational health standard establishes requirements for employers to control occupational exposure to methylene chloride (MC). Employees exposed to MC are at increased risk of developing cancer, adverse effects on the heart, central nervous system and liver, and skin or eye irritation. Exposure may occur through inhalation, by absorption through the skin, or through contact with the skin. MC is a solvent which is used in many different types of work activities, such as paint stripping, polyurethane foam manufacturing, and cleaning and degreasing. Under the requirements of subsection (4) of this section, each covered employer must make an initial determination of each employee's exposure to MC. If the employer determines that employees are exposed below the action level, the only other provisions of this section that apply are that a record must be made of the determination, the employees must receive information and training under subsection (12) of this section and, where appropriate, employees must be protected from contact with liquid MC under subsection (8) of this section.

The provisions of the MC standard are as follows:

(1) Scope and application. This section applies to all occupational exposures to methylene chloride (MC), Chemical Abstracts Service Registry Number 75-09-2, in general industry, construction and shipyard employment.

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

(("Action level" means))Action level. A concentration of airborne MC of 12.5 parts per million (ppm) calculated as an eight-hour time-weighted average (TWA).

(("Authorized person" means))Authorized person. Any person specifically authorized by the employer and required by work duties to be present in regulated areas, 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 (4) of this section, or any other person authorized by the WISH Act or regulations issued under the act.

(("Director" means))Director. The director of the department of labor and industries, or designee.

(("Emergency" means))Emergency. Any occurrence, such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment, which results, or is likely to result in an uncontrolled release of MC. If an incidental release of MC can be controlled by employees such as maintenance personnel at the time of release and in accordance with the leak/spill provisions required by subsection (6) of this section, it is not considered an emergency as defined by this standard.

(("Employee exposure" means))Employee exposure. Exposure to airborne MC which occurs or would occur if the employee were not using respiratory protection.

(("Methylene chloride (MC)" means))Methylene chloride (MC). An organic compound with chemical formula, CH2Cl2. Its Chemical Abstracts Service Registry Number is 75-09-2. Its molecular weight is 84.9 g/mole.

(("Physician or other licensed health care professional" is))Physician or other licensed health care professional. An individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows ((him or her))them to independently provide or be delegated the responsibility to provide some or all of the health care services required by subsection (10) of this section.

(("Regulated area" means))Regulated area. An area, demarcated by the employer, where an employee's exposure to airborne concentrations of MC exceeds or can reasonably be expected to exceed either the eight-hour TWA PEL or the STEL.

(("Symptom" means))Symptom. Central nervous system effects such as headaches, disorientation, dizziness, fatigue, and decreased attention span; skin effects such as chapping, erythema, cracked skin, or skin burns; and cardiac effects such as chest pain or shortness of breath.

(("This section" means))This section. This methylene chloride standard.

(3) Permissible exposure limits (PELs).

(a) Eight-hour time-weighted average (TWA) PEL. The employer ((shall))must ensure that no employee is exposed to an airborne concentration of MC in excess of twenty-five parts of MC per million parts of air (25 ppm) as an eight-hour TWA.

(b) Short-term exposure limit (STEL). The employer ((shall))must ensure that no employee is exposed to an airborne concentration of MC in excess of one hundred and twenty-five parts of MC per million parts of air (125 ppm) as determined over a sampling period of fifteen minutes.

(4) Exposure monitoring.

(a) Characterization of employee exposure.

(i) Where MC is present in the workplace, the employer ((shall))must determine each employee's exposure by either:

(A) Taking a personal breathing zone air sample of each employee's exposure; or

(B) Taking personal breathing zone air samples that are representative of each employee's exposure.

(ii) Representative samples. The employer may consider personal breathing zone air samples to be representative of employee exposures when they are taken as follows:

(A) Eight-hour TWA PEL. The employer has taken one or more personal breathing zone air samples for at least one employee in each job classification in a work area during every work shift, and the employee sampled is expected to have the highest MC exposure.

(B) Short-term exposure limits. The employer has taken one or more personal breathing zone air samples which indicate the highest likely fifteen-minute exposures during such operations for at least one employee in each job classification in the work area during every work shift, and the employee sampled is expected to have the highest MC exposure.

(C) Exception. Personal breathing zone air samples taken during one work shift may be used to represent employee exposures on other work shifts where the employer can document that the tasks performed and conditions in the workplace are similar across shifts.

(iii) Accuracy of monitoring. The employer ((shall))must ensure that the methods used to perform exposure monitoring produce results that are accurate to a confidence level of ninety-five percent, and are:

(A) Within plus or minus twenty-five percent for airborne concentrations of MC above the eight-hour TWA PEL or the STEL; or

(B) Within plus or minus thirty-five percent for airborne concentrations of MC at or above the action level but at or below the eight-hour TWA PEL.

(b) Initial determination. Each employer whose employees are exposed to MC ((shall))must perform initial exposure monitoring to determine each affected employee's exposure, except under the following conditions:

(i) Where objective data demonstrate that MC cannot be released in the workplace in airborne concentrations at or above the action level or above the STEL. The objective data ((shall))must represent the highest MC exposures likely to occur under reasonably foreseeable conditions of processing, use, or handling. The employer ((shall))must document the objective data exemption as specified in subsection (13) of this section;

(ii) Where the employer has performed exposure monitoring within ((12))twelve months prior to December 1, and that exposure monitoring meets all other requirements of this section, and was conducted under conditions substantially equivalent to existing conditions; or

(iii) Where employees are exposed to MC on fewer than thirty days per year (e.g., on a construction site), and the employer has measurements by direct reading instruments which give immediate results (such as a detector tube) and which provide sufficient information regarding employee exposures to determine what control measures are necessary to reduce exposures to acceptable levels.

(c) Periodic monitoring. Where the initial determination shows employee exposures at or above the action level or above the STEL, the employer shall establish an exposure monitoring program for periodic monitoring of employee exposure to MC in accordance with Table 1:

Table 1

Six Initial Determination Exposure Scenarios and Their Associated Monitoring Frequencies

Exposure scenario		Required monitoring activity
Below the action level and at or below the STEL.		No eight-hour TWA or STEL monitoring required.
Below the action level and above the STEL.		No eight-hour TWA monitoring required; monitor STEL exposures every three months.
At or above the action level, at or below the TWA, and at or below the STEL.		Monitor eight-hour TWA exposures every six months.
At or above the action level, at or below the TWA, and above the STEL.		Monitor eight-hour TWA exposures every six months and monitor STEL exposures every three months.
Above the TWA and at or below the STEL.		Monitor eight-hour TWA exposures every three months. In addition, without regard to the last sentence of the note to subsection (3) of this section, the following employers must monitor STEL exposures every three months until either the date by which they must achieve the eight-hour TWAs PEL under subsection (3) of this section or the date by which they in fact achieve the eight-hour TWA PEL, whichever comes first:
		• Employers engaged in polyurethane foam manufacturing;
		• Foam fabrication;
		• Furniture refinishing;
		• General aviation aircraft stripping;
		• Product formulation;
		• Use of MC-based adhesives for boat building and repair;
		• Recreational vehicle manufacture, van conversion, or upholstery; and use of MC in construction work for restoration and preservation of buildings, painting and paint removal, cabinet making, or floor refinishing and resurfacing.
Above the TWA and above the STEL.		Monitor both eight-hour TWA exposures and STEL exposures every three months.

(Note to subsection (4)(c) of this section: The employer may decrease the frequency of exposure monitoring to every six months when at least two consecutive measurements taken at least seven days apart show exposures to be at or below the eight-hour TWA PEL. The employer may discontinue the periodic eight-hour TWA monitoring for employees where at least two consecutive measurements taken at least seven days apart are below the action level. The employer may discontinue the periodic STEL monitoring for employees where at least two consecutive measurements taken at least seven days apart are at or below the STEL.)

(d) Additional monitoring.

(i) The employer ((shall))must perform exposure monitoring when a change in workplace conditions indicates that employee exposure may have increased. Examples of situations that may require additional monitoring include changes in production, process, control equipment, or work practices, or a leak, rupture, or other breakdown.

(ii) Where exposure monitoring is performed due to a spill, leak, rupture or equipment breakdown, the employer ((shall))must clean up the MC and perform the appropriate repairs before monitoring.

(e) Employee notification of monitoring results.

(i) The employer ((shall))must, within fifteen working days after the receipt of the results of any monitoring performed under this section, notify each affected 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 monitoring results indicate that employee exposure is above the eight-hour TWA PEL or the STEL, the employer ((shall))must describe in the written notification the corrective action being taken to reduce employee exposure to or below the eight-hour TWA PEL or STEL and the schedule for completion of this action.

(f) Observation of monitoring.

(ii) Observation procedures. When observation of the monitoring of employee exposure to MC requires entry into an area where the use of protective clothing or equipment is required, the employer ((shall))must provide, at no cost to the observer(s), and the observer(s) ((shall be required to))must use such clothing and equipment and ((shall))must comply with all other applicable safety and health procedures.

(5) Regulated areas.

(a) The employer ((shall))must establish a regulated area wherever an employee's exposure to airborne concentrations of MC exceeds or can reasonably be expected to exceed either the eight-hour TWA PEL or the STEL.

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

(c) The employer ((shall))must supply a respirator, selected in accordance with subsection (7)(c) of this section, to each person who enters a regulated area and ((shall))must require each affected employee to use that respirator whenever MC exposures are likely to exceed the eight-hour TWA PEL or STEL.

(Note to subsection (5)(c) of this section: An employer who has implemented all feasible engineering, work practice and administrative controls (as required in subsection (6) of this section), and who has established a regulated area (as required by subsection (5)(a) of this section) where MC exposure can be reliably predicted to exceed the eight-hour TWA PEL or the STEL only on certain days (for example, because of work or process schedule) would need to have affected employees use respirators in that regulated area only on those days.)

(d) The employer ((shall))must ensure that, within a regulated area, employees do not engage in nonwork activities which may increase dermal or oral MC exposure.

(e) The employer ((shall))must ensure that while employees are wearing respirators, they do not engage in activities (such as taking medication or chewing gum or tobacco) which interfere with respirator seal or performance.

(f) The employer ((shall))must demarcate regulated areas from the rest of the workplace in any manner that adequately establishes and alerts employees to the boundaries of the area and minimizes the number of authorized employees exposed to MC within the regulated area.

(g) An employer at a multiemployer worksite who establishes a regulated area ((shall))must communicate the access restrictions and locations of these areas to all other employers with work operations at that worksite.

(6) Methods of compliance.

(a) Engineering and work practice controls. The employer ((shall))must institute and maintain the effectiveness of engineering controls and work practices to reduce employee exposure to or below the PELs except to the extent that the employer can demonstrate that such controls are not feasible.

(b) Wherever the feasible engineering controls and work practices which can be instituted are not sufficient to reduce employee exposure to or below the 8-TWA PEL or STEL, the employer ((shall))must use them to reduce employee exposure to the lowest levels achievable by these controls and ((shall))must supplement them by the use of respiratory protection that complies with the requirements of subsection (7) of this section.

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

(d) Leak and spill detection.

(i) The employer ((shall))must implement procedures to detect leaks of MC in the workplace. In work areas where spills may occur, the employer ((shall))must make provisions to contain any spills and to safely dispose of any MC-contaminated waste materials.

(ii) The employer ((shall))must ensure that all incidental leaks are repaired and that incidental spills are cleaned promptly by employees who use the appropriate personal protective equipment and are trained in proper methods of cleanup.

(Note to subsection (6)(d)(ii) of this section: See Appendix A of this section for examples of procedures that satisfy this requirement. Employers covered by this standard may also be subject to the hazardous waste and emergency response provisions contained in ((WAC 296-62-3112))chapter 296-843 WAC.)

(7) Respiratory protection.

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

(i) Periods when an employee's exposure to MC exceeds or can reasonably be expected to exceed the eight-hour TWA PEL or the STEL (for example, when an employee is using MC in a regulated area);

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

(iii) In a few work operations, such as some maintenance operations and repair activities, for which the employer demonstrates that engineering and work practice controls are infeasible;

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

(v) Emergencies.

(b) Respirator program.

(i) The employer must develop, implement and maintain a respiratory protection program as required by chapter 296-842 WAC, Respirators, which covers each employee required by this chapter to use a respirator, except for the requirements in Table 5 of WAC 296-842-13005 that address gas or vapor cartridge change schedules and end-of-service-life indicators (ESLIs).

(ii) Employers who provide employees with gas masks with organic-vapor canisters for the purpose of emergency escape must replace the canisters after any emergency use and before the gas masks are returned to service.

(i) Select and provide to employees appropriate respirators according to this section and WAC 296-842-13005, found in the respirator rule.

(ii) Make sure half-facepiece respirators are not selected or used for protection against MC. This is necessary to prevent eye irritation or damage from MC exposure.

(iii) Provide to employees, for emergency escape, one of the following respirator options:

(A) A self-contained breathing apparatus operated in the continuous-flow or pressure demand mode; or

(B) A gas mask equipped with an organic vapor canister.

(d) Medical evaluation. Before having an employee use a supplied-air respirator in the negative-pressure mode, or a gas mask with an organic-vapor canister for emergency escape, the employer must:

(i) Have a physician or other licensed health care professional (PLHCP) evaluate the employee's ability to use such respiratory protection;

(ii) Ensure that the PLHCP provides their findings in a written opinion to the employee and the employer.

Note:

See WAC ((296-62-07150 through 296-62-07156))296-842-14005 for medical evaluation requirements for employees using respirators.

(8) Protective work clothing and equipment.

(a) Where needed to prevent MC-induced skin or eye irritation, the employer ((shall))must provide clean protective clothing and equipment which is resistant to MC, at no cost to the employee, and ((shall))must ensure that each affected employee uses it. Eye and face protection shall meet the requirements of WAC 296-800-160, as applicable.

(b) The employer ((shall))must clean, launder, repair and replace all protective clothing and equipment required by this subsection as needed to maintain their effectiveness.

(Note to subsection (8)(c) of this section: See Appendix A for examples of disposal procedures that will satisfy this requirement.)

(9) Hygiene facilities.

(a) If it is reasonably foreseeable that employees' skin may contact solutions containing 0.1 percent or greater MC (for example, through splashes, spills or improper work practices), the employer ((shall))must provide conveniently located washing facilities capable of removing the MC, and ((shall))must ensure that affected employees use these facilities as needed.

(b) If it is reasonably foreseeable that an employee's eyes may contact solutions containing 0.1 percent or greater MC (for example through splashes, spills or improper work practices), the employer ((shall))must provide appropriate eyewash facilities within the immediate work area for emergency use, and ((shall))must ensure that affected employees use those facilities when necessary.

(10) Medical surveillance.

(a) Affected employees. The employer ((shall))must make medical surveillance available for employees who are or may be exposed to MC as follows:

(i) At or above the action level on thirty or more days per year, or above the eight-hour TWA PEL or the STEL on ten or more days per year;

(ii) Above the 8-TWA PEL or STEL for any time period where an employee has been identified by a physician or other licensed health care professional as being at risk from cardiac disease or from some other serious MC-related health condition and such employee requests inclusion in the medical surveillance program;

(iii) During an emergency.

(b) Costs. The employer ((shall))must provide all required medical surveillance at no cost to affected employees, without loss of pay and at a reasonable time and place.

(c) Medical personnel. The employer ((shall))must ensure that all medical surveillance procedures are performed by a physician or other licensed health care professional, as defined in subsection (2) of this section.

(d) Frequency of medical surveillance. The employer ((shall))must make medical surveillance available to each affected employee as follows:

(i) Initial surveillance. The employer ((shall))must provide initial medical surveillance under the schedule provided by subsection (14)(b)(iii) of this section, or before the time of initial assignment of the employee, whichever is later. ((The employer need not provide the initial surveillance if medical records show that an affected employee has been provided with medical surveillance that complies with this section within twelve months before December 1.))

(ii) Periodic medical surveillance. The employer ((shall))must update the medical and work history for each affected employee annually. The employer ((shall))must provide periodic physical examinations, including appropriate laboratory surveillance, as follows:

(A) For employees forty-five years of age or older, within twelve months of the initial surveillance or any subsequent medical surveillance; and

(B) For employees younger than forty-five years of age, within thirty-six months of the initial surveillance or any subsequent medical surveillance.

(iii) Termination of employment or reassignment. When an employee leaves the employer's workplace, or is reassigned to an area where exposure to MC is consistently at or below the action level and STEL, medical surveillance ((shall))must be made available if six months or more have elapsed since the last medical surveillance.

(iv) Additional surveillance. The employer ((shall))must provide additional medical surveillance at frequencies other than those listed above when recommended in the written medical opinion. (For example, the physician or other licensed health care professional may determine an examination is warranted in less than thirty-six months for employees younger than forty-five years of age based upon evaluation of the results of the annual medical and work history.)

(e) Content of medical surveillance.

(i) Medical and work history. The comprehensive medical and work history ((shall))must emphasize neurological symptoms, skin conditions, history of hematologic or liver disease, signs or symptoms suggestive of heart disease (angina, coronary artery disease), risk factors for cardiac disease, MC exposures, and work practices and personal protective equipment used during such exposures.

(Note to subsection (10)(e)(i) of this section: See Appendix B of this section for an example of a medical and work history format that would satisfy this requirement.)

(ii) Physical examination. Where physical examinations are provided as required above, the physician or other licensed health care professional ((shall))must accord particular attention to the lungs, cardiovascular system (including blood pressure and pulse), liver, nervous system, and skin. The physician or other licensed health care professional ((shall))must determine the extent and nature of the physical examination based on the health status of the employee and analysis of the medical and work history.

(iii) Laboratory surveillance. The physician or other licensed health care professional ((shall))must determine the extent of any required laboratory surveillance based on the employee's observed health status and the medical and work history.

(Note to subsection (10)(e)(iii) of this section: See Appendix B of this section for information regarding medical tests. Laboratory surveillance may include before-and after-shift carboxyhemoglobin determinations, resting ECG, hematocrit, liver function tests and cholesterol levels.)

(iv) Other information or reports. The medical surveillance ((shall))must also include any other information or reports the physician or other licensed health care professional determines are necessary to assess the employee's health in relation to MC exposure.

(f) Content of emergency medical surveillance. The employer ((shall))must ensure that medical surveillance made available when an employee has been exposed to MC in emergency situations includes, at a minimum:

(i) Appropriate emergency treatment and decontamination of the exposed employee;

(ii) Comprehensive physical examination with special emphasis on the nervous system, cardiovascular system, lungs, liver and skin, including blood pressure and pulse;

(iii) Updated medical and work history, as appropriate for the medical condition of the employee; and

(iv) Laboratory surveillance, as indicated by the employee's health status.

(Note to subsection (10)(f)(iv) of this section: See Appendix B for examples of tests which may be appropriate.)

(g) Additional examinations and referrals. Where the physician or other licensed health care professional determines it is necessary, the scope of the medical examination ((shall))must be expanded and the appropriate additional medical surveillance, such as referrals for consultation or examination, shall be provided.

(h) Information provided to the physician or other licensed health care professional. The employer ((shall))must provide the following information to a physician or other licensed health care professional who is involved in the diagnosis of MC-induced health effects:

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

(ii) A description of the affected employee's past, current and anticipated future duties as they relate to the employee's MC exposure;

(iii) The employee's former or current exposure levels or, for employees not yet occupationally exposed to MC, the employee's anticipated exposure levels and the frequency and exposure levels anticipated to be associated with emergencies;

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

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

(i) Written medical opinions.

(i) For each physical examination required by this section, the employer ((shall))must ensure that the physician or other licensed health care professional provides to the employer and to the affected employee a written opinion regarding the results of that examination within fifteen days of completion of the evaluation of medical and laboratory findings, but not more than thirty days after the examination. The written medical opinion ((shall))must be limited to the following information:

(A) The physician's or other licensed health care professional's opinion concerning whether exposure to MC may contribute to or aggravate the employee's existing cardiac, hepatic, neurological (including stroke) or dermal disease or whether the employee has any other medical condition(s) that would place the employee's health at increased risk of material impairment from exposure to MC;

(B) Any recommended limitations upon the employee's exposure to MC, removal from MC exposure, or upon the employee's use of protective clothing or equipment and respirators;

(C) A statement that the employee has been informed by the physician or other licensed health care professional that MC is a potential occupational carcinogen, of risk factors for heart disease, and the potential for exacerbation of underlying heart disease by exposure to MC through its metabolism to carbon monoxide; and

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

(ii) The employer ((shall))must instruct the physician or other licensed health care professional not to reveal to the employer, orally or in the written opinion, any specific records, findings, and diagnoses that have no bearing on occupational exposure to MC.

(Note to subsection (10)(h)(ii) of this section: The written medical opinion may also include information and opinions generated to comply with other OSHA health standards.)

(j) Medical presumption. For purposes of this subsection (10), the physician or other licensed health care professional ((shall))must presume, unless medical evidence indicates to the contrary, that a medical condition is unlikely to require medical removal from MC exposure if the employee is not exposed to MC above the eight-hour TWA PEL. If the physician or other licensed health care professional recommends removal for an employee exposed below the eight-hour TWA PEL, the physician or other licensed health care professional ((shall))must cite specific medical evidence, sufficient to rebut the presumption that exposure below the eight-hour TWA PEL is unlikely to require removal, to support the recommendation. If such evidence is cited by the physician or other licensed health care professional, the employer must remove the employee. If such evidence is not cited by the physician or other licensed health care professional, the employer is not required to remove the employee.

(k) Medical removal protection (MRP).

(i) Temporary medical removal and return of an employee.

(A) Except as provided in (j) of this subsection, when a medical determination recommends removal because the employee's exposure to MC may contribute to or aggravate the employee's existing cardiac, hepatic, neurological (including stroke), or skin disease, the employer must provide medical removal protection benefits to the employee and either:

(I) Transfer the employee to comparable work where methylene chloride exposure is below the action level; or

(II) Remove the employee from MC exposure.

(B) If comparable work is not available and the employer is able to demonstrate that removal and the costs of extending MRP benefits to an additional employee, considering feasibility in relation to the size of the employer's business and the other requirements of this standard, make further reliance on MRP an inappropriate remedy, the employer may retain the additional employee in the existing job until transfer or removal becomes appropriate, provided:

(I) The employer ensures that the employee receives additional medical surveillance, including a physical examination at least every sixty days until transfer or removal occurs; and

(II) The employer or PLHCP informs the employee of the risk to the employee's health from continued MC exposure.

(C) The employer ((shall))must maintain in effect any job-related protective measures or limitations, other than removal, for as long as a medical determination recommends them to be necessary.

(ii) End of MRP benefits and return of the employee to former job status.

(A) The employer may cease providing MRP benefits at the earliest of the following:

(I) Six months;

(II) Return of the employee to the employee's former job status following receipt of a medical determination concluding that the employee's exposure to MC no longer will aggravate any cardiac, hepatic, neurological (including stroke), or dermal disease;

(III) Receipt of a medical determination concluding that the employee can never return to MC exposure.

(B) For the purposes of this subsection (10), the requirement that an employer return an employee to the employee's former job status is not intended to expand upon or restrict any rights an employee has or would have had, absent temporary medical removal, to a specific job classification or position under the terms of a collective bargaining agreement.

(l) Medical removal protection benefits.

(i) For purposes of this subsection (10), the term medical removal protection benefits means that, for each removal, an employer must maintain for up to six months the earnings, seniority, and other employment rights and benefits of the employee as though the employee had not been removed from MC exposure or transferred to a comparable job.

(ii) During the period of time that an employee is removed from exposure to MC, the employer may condition the provision of medical removal protection benefits upon the employee's participation in follow-up medical surveillance made available pursuant to this section.

(iii) If a removed employee files a workers' compensation claim for a MC-related disability, the employer ((shall))must continue the MRP benefits required by this section until either the claim is resolved or the six-month period for payment of MRP benefits has passed, whichever occurs first. To the extent the employee is entitled to indemnity payments for earnings lost during the period of removal, the employer's obligation to provide medical removal protection benefits to the employee shall be reduced by the amount of such indemnity payments.

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

(m) Voluntary removal or restriction of an employee. Where an employer, although not required by this section to do so, removes an employee from exposure to MC or otherwise places any limitation on an employee due to the effects of MC exposure on the employee's medical condition, the employer ((shall))must provide medical removal protection benefits to the employee equal to those required by (l) of this subsection.

(n) Multiple health care professional review mechanism.

(i) If the employer selects the initial physician or licensed health care professional (PLHCP) to conduct any medical examination or consultation provided to an employee under (k) of this subsection, the employer ((shall))must notify the employee of the right to seek a second medical opinion each time the employer provides the employee with a copy of the written opinion of that PLHCP.

(ii) If the employee does not agree with the opinion of the employer-selected PLHCP, notifies the employer of that fact, and takes steps to make an appointment with a second PLHCP within fifteen days of receiving a copy of the written opinion of the initial PLHCP, the employer ((shall))must pay for the PLHCP chosen by the employee to perform at least the following:

(A) Review any findings, determinations or recommendations of the initial PLHCP; and

(B) Conduct such examinations, consultations, and laboratory tests as the PLHCP deems necessary to facilitate this review.

(iii) If the findings, determinations or recommendations of the second PLHCP differ from those of the initial PLHCP, then the employer and the employee ((shall))must instruct the two health care professionals to resolve the disagreement.

(iv) If the two health care professionals are unable to resolve their disagreement within fifteen days, then those two health care professionals ((shall))must jointly designate a PLHCP who is a specialist in the field at issue. The employer ((shall))must pay for the specialist to perform at least the following:

(A) Review the findings, determinations, and recommendations of the first two PLHCPs; and

(B) Conduct such examinations, consultations, laboratory tests and discussions with the prior PLHCPs as the specialist deems necessary to resolve the disagreements of the prior health care professionals.

(v) The written opinion of the specialist ((shall))must be the definitive medical determination. The employer ((shall))must act consistent with the definitive medical determination, unless the employer and employee agree that the written opinion of one of the other two PLHCPs shall be the definitive medical determination.

(vi) The employer and the employee or authorized employee representative may agree upon the use of any expeditious alternate health care professional determination mechanism in lieu of the multiple health care professional review mechanism provided by this section so long as the alternate mechanism otherwise satisfies the requirements contained in this section.

(11) Hazard communication - General.

(a) Chemical manufacturers, importers, distributors, and employers ((shall))must comply with all requirements of the Hazard Communication Standard (HCS), WAC 296-901-140 for MC.

(b) In classifying the hazards of MC at least the following hazards are to be addressed: Cancer, cardiac effects (including elevation of carboxyhemoglobin), central nervous system effects, liver effects, and skin and eye irritation.

(c) Employers ((shall))must include MC in the hazard communication program established to comply with the HCS, WAC 296-901-140. Employers ((shall))must ensure that each employee has access to labels on containers of MC and to safety data sheets, and is trained in accordance with the requirements of HCS and subsection (12) of this section.

(12) Employee information and training.

(a) The employer ((shall))must provide information and training for each affected employee prior to or at the time of initial assignment to a job involving potential exposure to MC.

(b) The employer ((shall))must ensure that information and training is presented in a manner that is understandable to the employees.

(i) The employer ((shall))must inform each affected employee of the requirements of this section and information available in its appendices, as well as how to access or obtain a copy of it in the workplace;

(ii) Wherever an employee's exposure to airborne concentrations of MC exceeds or can reasonably be expected to exceed the action level, the employer ((shall))must inform each affected employee of the quantity, location, manner of use, release, and storage of MC and the specific operations in the workplace that could result in exposure to MC, particularly noting where exposures may be above the eight-hour TWA PEL or STEL;

(d) The employer ((shall))must train each affected employee as required under the Hazard Communication Standard at WAC 296-901-140, as appropriate.

(e) The employer ((shall))must retrain each affected employee as necessary to ensure that each employee exposed above the action level or the STEL maintains the requisite understanding of the principles of safe use and handling of MC in the workplace.

(f) Whenever there are workplace changes, such as modifications of tasks or procedures or the institution of new tasks or procedures, which increase employee exposure, and where those exposures exceed or can reasonably be expected to exceed the action level, the employer ((shall))must update the training as necessary to ensure that each affected employee has the requisite proficiency.

(g) An employer whose employees are exposed to MC at a multiemployer worksite ((shall))must notify the other employers with work operations at that site in accordance with the requirements of the Hazard Communication Standard, WAC 296-901-140, as appropriate.

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

(13) Recordkeeping.

(a) Objective data.

(i) Where an employer seeks to demonstrate that initial monitoring is unnecessary through reasonable reliance on objective data showing that any materials in the workplace containing MC will not release MC at levels which exceed the action level or the STEL under foreseeable conditions of exposure, the employer ((shall))must establish and maintain an accurate record of the objective data relied upon in support of the exemption.

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

(A) The MC-containing material in question;

(B) The source of the objective data;

(D) A description of the operation exempted under subsection (4)(b)(i) of this section 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))must maintain this record for the duration of the employer's reliance upon such objective data.

(b) Exposure measurements.

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

(ii) Where the employer has twenty or more employees, this record ((shall))must include at least the following information:

(A) The date of measurement for each sample taken;

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

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

(E) Type of personal protective equipment, such as respiratory protective devices, worn, if any; and

(F) Name, Social Security number, job classification and exposure of all of the employees represented by monitoring, indicating which employees were actually monitored.

(iii) Where the employer has fewer than twenty employees, the record ((shall))must include at least the following information:

(A) The date of measurement for each sample taken;

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

(C) Name, Social Security number, job classification and exposure of all of the employees represented by monitoring, indicating which employees were actually monitored.

(iv) The employer ((shall))must maintain this record for at least thirty (30) years, in accordance with chapter 296-802 WAC.

(i) The employer ((shall))must establish and maintain an accurate record for each employee subject to medical surveillance under subsection (10) of this section.

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

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

(B) Written medical opinions; and

(iii) The employer ((shall))must ensure that this record is maintained for the duration of employment plus thirty years, in accordance with chapter 296-802 WAC.

(d) Availability.

(i) The employer, upon written request, ((shall))must make all records required to be maintained by this section available to the director for examination and copying in accordance with chapter 296-802 WAC.

(Note to subsection (13)(d)(i) of this section: All records required to be maintained by this section may be kept in the most administratively convenient form (for example, electronic or computer records would satisfy this requirement).)

(ii) The employer, upon request, ((shall))must make any employee exposure and objective data records required by this section available for examination and copying by affected employees, former employees, and designated representatives in accordance with chapter 296-802 WAC.

(iii) The employer, upon request, ((shall))must make employee medical records required to be kept by this section available for examination and copying by the subject employee and by anyone having the specific written consent of the subject employee in accordance with chapter 296-802 WAC.

(e) Transfer of records. The employer ((shall))must comply with the requirements concerning transfer of records set forth in WAC ((296-62-05215))296-802-600 Transfer and disposal of employee records.

(14) Dates.

(a) Engineering controls required under subsection (6)(a) of this section ((shall))must be implemented according to the following schedule:

(i) For employers with fewer than twenty employees, no later than April 10, 2000.

(ii) For employers with fewer than one hundred fifty employees engaged in foam fabrication; for employers with fewer than fifty employees engaged in furniture refinishing, general aviation aircraft stripping, and product formulation; for employers with fewer than fifty employees using MC-based adhesives for boat building and repair, recreational vehicle manufacture, van conversion, and upholstering; for employers with fewer than fifty employees using MC in construction work for restoration and preservation of buildings, painting and paint removal, cabinet making and/or floor refinishing and resurfacing, no later than April 10, 2000.

(iii) For employers engaged in polyurethane foam manufacturing with twenty or more employees, no later than October 10, 1999.

(b) Use of respiratory protection whenever an employee's exposure to MC exceeds or can reasonably be expected to exceed the eight-hour TWA PEL, in accordance with subsections (3)(a), (5)(c), (6)(a) and (7)(a) of this section, ((shall))must be implemented according to the following schedule:

(i) For employers with fewer than one hundred fifty employees engaged in foam fabrication; for employers with fewer than fifty employees engaged in furniture refinishing, general aviation aircraft stripping, and product formulation; for employers with fewer than fifty employees using MC-based adhesives for boat building and repair, recreational vehicle manufacture, van conversion, and upholstering; for employers with fewer than fifty employees using MC in construction work for restoration and preservation of buildings, painting and paint removal, cabinet making and/or floor refinishing and resurfacing, no later than April 10, 2000.

(ii) For employers engaged in polyurethane foam manufacturing with twenty or more employees, no later than October 10, 1999.

(c) Notification of corrective action under subsection (4)(e)(ii) of this section, no later than ninety days before the compliance date applicable to such corrective action.

(d) Transitional dates. The exposure limits for MC specified in WAC ((296-62-07515))296-307-62610 Table 1, ((shall))must remain in effect until the start up dates for the exposure limits specified in subsection (14) of this section, or if the exposure limits in this section are stayed or vacated.

(e) Unless otherwise specified in this subsection, all other requirements of this section ((shall))must be complied with immediately.

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

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-07473Appendix A.

Substance Safety Data Sheet and Technical Guidelines for Methylene Chloride

I. Substance Identification

A. Substance: Methylene chloride (CH2Cl2).

B. Synonyms: MC, Dichloromethane (DCM); Methylene dichloride; Methylene bichloride; Methane dichloride; CAS: 75-09-2; NCI-C50102.

C. Physical data:

1. Molecular weight: 84.9.

2. Boiling point (760 mm Hg): 39.8 deg. C (104 deg. F).

3. Specific gravity (water = 1): 1.3.

4. Vapor density (air = 1 at boiling point): 2.9.

5. Vapor pressure at 20 deg. C (68 deg. F): 350 mm Hg.

6. Solubility in water, g/100 g water at 20 deg. C (68 deg. F) = 1.32.

7. Appearance and odor: colorless liquid with a chloroform-like odor.

D. Uses: MC is used as a solvent, especially where high volatility is required. It is a good solvent for oils, fats, waxes, resins, bitumen, rubber and cellulose acetate and is a useful paint stripper and degreaser. It is used in paint removers, in propellant mixtures for aerosol containers, as a solvent for plastics, as a degreasing agent, as an extracting agent in the pharmaceutical industry and as a blowing agent in polyurethane foams. Its solvent property is sometimes increased by mixing with methanol, petroleum naphtha or tetrachloroethylene.

E. Appearance and odor: MC is a clear colorless liquid with a chloroform-like odor. It is slightly soluble in water and completely miscible with most organic solvents.

F. Permissible exposure: Exposure may not exceed 25 parts MC per million parts of air (25 ppm) as an eight-hour time-weighted average (eight-hour TWA PEL) or 125 parts of MC per million parts of air (125 ppm) averaged over a fifteen-minute period (STEL).

II. Health Hazard Data

A. MC can affect the body if it is inhaled or if the liquid comes in contact with the eyes or skin. It can also affect the body if it is swallowed.

B. Effects of overexposure:

1. Short-term Exposure: MC is an anesthetic. Inhaling the vapor may cause mental confusion, light-headedness, nausea, vomiting, and headache. Continued exposure may cause increased light-headedness, staggering, unconsciousness, and even death. High vapor concentrations may also cause irritation of the eyes and respiratory tract. Exposure to MC may make the symptoms of angina (chest pains) worse. Skin exposure to liquid MC may cause irritation. If liquid MC remains on the skin, it may cause skin burns. Splashes of the liquid into the eyes may cause irritation.

2. Long-term (chronic) exposure: The best evidence that MC causes cancer is from laboratory studies in which rats, mice and hamsters inhaled MC six hours per day, five days per week for two years. MC exposure produced lung and liver tumors in mice and mammary tumors in rats. No carcinogenic effects of MC were found in hamsters. There are also some human epidemiological studies which show an association between occupational exposure to MC and increases in biliary (bile duct) cancer and a type of brain cancer. Other epidemiological studies have not observed a relationship between MC exposure and cancer. WISHA interprets these results to mean that there is suggestive (but not absolute) evidence that MC is a human carcinogen.

C. Reporting signs and symptoms: You should inform your employer if you develop any signs or symptoms and suspect that they are caused by exposure to MC.

D. Warning Properties:

1. Odor Threshold: Different authors have reported varying odor thresholds for MC. Kirk-Othmer and Sax both reported 25 to 50 ppm; Summer and May both reported 150 ppm; Spector reports 320 ppm. Patty, however, states that since one can become adapted to the odor, MC should not be considered to have adequate warning properties.

2. Eye Irritation Level: Kirk-Othmer reports that "MC vapor is seriously damaging to the eyes." Sax agrees with Kirk-Othmer's statement. The ACGIH Documentation of TLVs states that irritation of the eyes has been observed in workers exposed to concentrations up to 5000 ppm.

3. Evaluation of Warning Properties: Since a wide range of MC odor thresholds are reported (25-320 ppm), and human adaptation to the odor occurs, MC is considered to be a material with poor warning properties.

III. Emergency First-Aid Procedures

In the event of emergency, institute first-aid procedures and send for first-aid or medical assistance.

A. Eye and Skin Exposures: If there is a potential for liquid MC to come in contact with eye or skin, face shields and skin protective equipment must be provided and used. If liquid MC comes in contact with the eye, get medical attention. Contact lenses should not be worn when working with this chemical.

B. Breathing: If a person breathes in large amounts of MC, move the exposed person to fresh air at once. If breathing has stopped, perform cardiopulmonary resuscitation. Keep the affected person warm and at rest. Get medical attention as soon as possible.

C. Rescue: Move the affected person from the hazardous exposure immediately. If the exposed person has been overcome, notify someone else and put into effect the established emergency rescue procedures. Understand the facility's emergency rescue procedures and know the locations of rescue equipment before the need arises. Do not become a casualty yourself.

IV. Respirators, Protective Clothing, and Eye Protection

A. Respirators: Good industrial hygiene practices recommend that engineering 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 feasible, when such controls are in the process of being installed, or when these controls fail and need to be supplemented. Respirators may also be used for operations which require entry into tanks or closed vessels, and in emergency situations. 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). Supplied-air respirators are required because air-purifying respirators do not provide adequate respiratory protection against MC. In addition to respirator selection, a complete written respiratory protection program should be instituted which includes regular training, maintenance, inspection, cleaning, and evaluation. If you can smell MC while wearing a respirator, proceed immediately to fresh air. If you experience difficulty in breathing while wearing a respirator, tell your employer.

B. Protective Clothing: Employees must be provided with and required to use impervious clothing, gloves, face shields (eight-inch minimum), and other appropriate protective clothing necessary to prevent repeated or prolonged skin contact with liquid MC or contact with vessels containing liquid MC. Any clothing which becomes wet with liquid MC should be removed immediately and not reworn until the employer has ensured that the protective clothing is fit for reuse. Contaminated protective clothing should be placed in a regulated area designated by the employer for removal of MC before the clothing is laundered or disposed of. Clothing and equipment should remain in the regulated area until all of the MC contamination has evaporated; clothing and equipment should then be laundered or disposed of as appropriate.

C. Eye Protection: Employees should be provided with and required to use splash-proof safety goggles where liquid MC may contact the eyes.

V. Housekeeping and Hygiene Facilities

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

A. The workplace should be kept clean, orderly, and in a sanitary condition. The employer should institute a leak and spill detection program for operations involving liquid MC in order to detect sources of fugitive MC emissions.

B. Emergency drench showers and eyewash facilities are recommended. These should be maintained in a sanitary condition. Suitable cleansing agents should also be provided to assure the effective removal of MC from the skin.

C. Because of the hazardous nature of MC, contaminated protective clothing should be placed in a regulated area designated by the employer for removal of MC before the clothing is laundered or disposed of.

VI. Precautions for Safe Use, Handling, and Storage

A. Fire and Explosion Hazards: MC has no flash point in a conventional closed tester, but it forms flammable vapor-air mixtures at approximately 100 deg. C (212 deg. F), or higher. It has a lower explosion limit of 12%, and an upper explosion limit of 19% in air. It has an autoignition temperature of 556.1 deg. C (1033 deg. F), and a boiling point of 39.8 deg. C (104 deg. F). It is heavier than water with a specific gravity of 1.3. It is slightly soluble in water.

B. Reactivity Hazards: Conditions contributing to the instability of MC are heat and moisture. Contact with strong oxidizers, caustics, and chemically active metals such as aluminum or magnesium powder, sodium and potassium may cause fires and explosions. Special precautions: Liquid MC will attack some forms of plastics, rubber, and coatings.

C. Toxicity: Liquid MC is painful and irritating if splashed in the eyes or if confined on the skin by gloves, clothing, or shoes. Vapors in high concentrations may cause narcosis and death. Prolonged exposure to vapors may cause cancer or exacerbate cardiac disease.

D. Storage: Protect against physical damage. Because of its corrosive properties, and its high vapor pressure, MC should be stored in plain, galvanized or lead lined, mild steel containers in a cool, dry, well ventilated area away from direct sunlight, heat source and acute fire hazards.

E. Piping Material: All piping and valves at the loading or unloading station should be of material that is resistant to MC and should be carefully inspected prior to connection to the transport vehicle and periodically during the operation.

F. Usual Shipping Containers: Glass bottles, 5- and 55-gallon steel drums, tank cars, and tank trucks.

Note: This section addresses MC exposure in marine terminal and longshore employment only where leaking or broken packages allow MC exposure that is not addressed through compliance with WAC 296-56.

G. Electrical Equipment: Electrical installations in Class I hazardous locations as defined in Article 500 of the National Electrical Code, should be installed according to Article 501 of the code; and electrical equipment should be suitable for use in atmospheres containing MC vapors. See Flammable and Combustible Liquids Code (NFPA No. 325M), Chemical Safety Data Sheet SD-86 (Manufacturing Chemists' Association, Inc.).

H. Firefighting: When involved in fire, MC emits highly toxic and irritating fumes such as phosgene, hydrogen chloride and carbon monoxide. Wear breathing apparatus and use water spray to keep fire-exposed containers cool. Water spray may be used to flush spills away from exposures. Extinguishing media are dry chemical, carbon dioxide, foam. For purposes of compliance with WAC ((296-24-956))296-24-957, locations classified as hazardous due to the presence of MC shall be Class I.

I. Spills and Leaks: Persons not wearing protective equipment and clothing should be restricted from areas of spills or leaks until cleanup has been completed. If MC has spilled or leaked, the following steps should be taken:

1. Remove all ignition sources.

2. Ventilate area of spill or leak.

3. Collect for reclamation or absorb in vermiculite, dry sand, earth, or a similar material.

J. Methods of Waste Disposal: Small spills should be absorbed onto sand and taken to a safe area for atmospheric evaporation. Incineration is the preferred method for disposal of large quantities by mixing with a combustible solvent and spraying into an incinerator equipped with acid scrubbers to remove hydrogen chloride gases formed. Complete combustion will convert carbon monoxide to carbon dioxide. Care should be taken for the presence of phosgene.

K. You should not keep food, beverage, or smoking materials, or eat or smoke in regulated areas where MC concentrations are above the permissible exposure limits.

L. Portable heating units should not be used in confined areas where MC is used.

M. Ask your supervisor where MC is used in your work area and for any additional plant safety and health rules.

VII. Medical Requirements

Your employer is required to offer you the opportunity to participate in a medical surveillance program if you are exposed to MC at concentrations at or above the action level (12.5 ppm eight-hour TWA) for more than thirty days a year or at concentrations exceeding the PELs (25 ppm eight-hour TWA or 125 ppm fifteen-minute STEL) for more than ten days a year. If you are exposed to MC at concentrations over either of the PELs, your employer will also be required to have a physician or other licensed health care professional ensure that you are able to wear the respirator that you are assigned. Your employer must provide all medical examinations relating to your MC exposure at a reasonable time and place and at no cost to you.

VIII. Monitoring and Measurement Procedures

A. Exposure above the Permissible Exposure Limit:

1. Eight-hour exposure evaluation: Measurements taken for the purpose of determining employee exposure under this section are best taken with consecutive samples covering the full shift. Air samples must be taken in the employee's breathing zone.

2. Monitoring techniques: The sampling and analysis under this section may be performed by collection of the MC vapor on two charcoal adsorption tubes in series or other composition adsorption tubes, with subsequent chemical analysis. Sampling and analysis may also be performed by instruments such as real-time continuous monitoring systems, portable direct reading instruments, or passive dosimeters as long as measurements taken using these methods accurately evaluate the concentration of MC in employees' breathing zones. OSHA method 80 is an example of a validated method of sampling and analysis of MC. Copies of this method are available from OSHA or can be downloaded from the internet at http://www.osha.gov. The employer has the obligation of selecting a monitoring method which meets the accuracy and precision requirements of the standard under his or her unique field conditions. The standard requires that the method of monitoring must be accurate, to a ninety-five percent confidence level, to plus or minus twenty-five percent for concentrations of MC at or above 25 ppm, and to plus or minus thirty-five percent for concentrations at or below 25 ppm. In addition to OSHA method 80, there are numerous other methods available for monitoring for MC in the workplace.

B. Since many of the duties relating to employee exposure are dependent on the results of measurement procedures, employers must assure that the evaluation of employee exposure is performed by a technically qualified person.

IX. Observation of Monitoring

Your employer is required to perform measurements that are representative of your exposure to MC 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, protective clothing and equipment.

Access To Information

A. 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 MC, emergency procedures, and the correct use of protective equipment.

B. Your employer is required to determine whether you are being exposed to MC. 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 over exposed, he or she is required to inform you of the actions which are being taken to reduce your exposure to within permissible exposure limits.

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 years.

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

E. Your employer is required to provide labels and safety data sheets (SDS) for all materials, mixtures or solutions composed of greater than 0.1 percent MC. These materials, mixtures or solutions would be classified and labeled in accordance with WAC 296-901-140.

X. Common Operations and Controls The following list includes some common operations in which exposure to MC may occur and control methods which may be effective in each case:
Operations		Controls
Use as solvent in paint and varnish removers cold cleaning and ultrasonic cleaning, and as a solvent in furniture stripping.		General dilution ventilation; local; manufacture of aerosols; cold cleaning exhaust ventilation; personal protective equipment; substitution.
Use as solvent in vapor degreasing.		Process enclosure; local exhaust ventilation; chilling coils; substitution.
Use as a secondary refrigerant in air scientific testing.		General dilution ventilation; local conditioning and exhaust ventilation; personal protective equipment.

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

WAC 296-62-07519Thiram.

(1) Scope and application. This section applies to occupational exposure to thiram (tetramethylthiuram disulfide), in addition to those requirements listed in ((WAC 296-62-07515))chapter 296-841 WAC, Airborne contaminants. Nothing in this section shall preclude the application of other appropriate standards and regulations to minimize worker exposure to thiram.

(2) Definitions. The following definitions are applicable to this section:

(a) ((Clean -))Clean. The absence of dirt or materials which may be harmful to a worker's health.

(b) ((Large seedlings -))Large seedlings. Those seedlings of such size, either by length or breadth, that it is difficult to avoid contact of the thiram treated plant with the mouth or face during planting operations.

(3) General requirements.

(a) Workers should not be allowed to work more than five days in any seven day period with or around the application of thiram or thiram treated seedlings.

(b) Washing and worker hygiene.

(i) Workers ((shall))must wash their hands prior to eating or smoking at the close of work.

(ii) Warm (at least 85°F, 29.4°C) wash water and single use hand wiping materials ((shall))must be provided for washing.

(iii) The warm water and hand wiping materials ((shall))must be at fixed work locations or at the planting unit.

(iv) Where warm water is not available within ((15))fifteen minutes travel time, nonalcoholic based waterless hand cleaner ((shall))must be provided.

(v) Every planter or nursery worker ((shall))must be advised to bathe or shower daily.

(vi) The inside of worker carrying vehicles ((shall))must be washed or vacuumed and wiped down at least weekly during the period of thiram use.

(i) Clothing ((shall))must be worn by workers to reduce skin contact with thiram to the legs, arms and torso.

(ii) For those workers who have thiram skin irritations, exposed areas of the body ((shall))must be protected by a suitable barrier cream.

(iii) Clothing worn by workers ((shall))must be washed or changed at least every other day.

(iv) Only impervious gloves may be worn by workers.

(v) Workers hands should be clean of thiram before placing them into gloves.

(vi) Thiram applicators ((shall))must be provided with and use respiratory protection in accordance with ((WAC 296-62-071))chapter 296-842 WAC, Respirators, disposable coveralls or rubber slickers or other impervious clothing, rubberized boots, head covers and rubberized gloves.

(vii) Nursery workers, other than applicators, who are likely to be exposed to thiram ((shall))must be provided with and use disposable coveralls or rubber slickers or other impervious clothing, impervious footwear and gloves, and head covers in accordance with WAC 296-800-160, unless showers have been provided and are used.

(viii) Eye protection according to WAC 296-800-160, ((shall))must be provided and worn by workers who may be exposed to splashes of thiram during spraying, plug bundling, belt line grading and plugging or other operations.

(ix) Item (viii) of this subdivision need not be complied with where pressurized emergency eye wash fountains are within 10 seconds travel time of the work location. (Approved respirator - See ((WAC 296-62-071))chapter 296-842 WAC, Respirators.)

(x) A dust mask ((shall))must be worn, when planting large seedlings, to avoid mouth and face contact with the thiram treated plant unless equally effective measures or planting practices have been established.

(d) Food handling.

(i) Food snacks, beverages, smoking materials, or any other item which is consumed ((shall))must not be stored or consumed in the packing area of the nursery.

(ii) Worker carrying vehicles ((shall))must have a clean area for carrying lunches.

(iii) The clean area of the vehicle ((shall))must be elevated from the floor and not used to carry other than food or other consumable items.

(iv) The carrying of lunches, food or other consumable items in tree planting bags is prohibited.

(v) Care ((shall))must be taken to ((insure))ensure that worker exposure to thiram spray, including downwind driftings, is minimized or eliminated.

(vi) When bags that contained thiram or thiram treated seedlings are burned, prevent worker exposure to the smoke.

(e) Thiram use and handling.

(i) Thiram treated seedlings ((shall))must be allowed to dry or stabilize prior to packing.

(ii) Seedlings ((shall))must be kept moist during packing and whenever possible during planting operations.

(iii) Floors, where thiram is used, ((shall))must not be dry swept but instead vacuumed, washed or otherwise cleaned at least daily.

(iv) Silica chips used to cover thiram treated seedling plugs ((shall))must be removed at the nursery.

(f) Training.

(i) Each worker engaged in operations where exposure to thiram may occur ((shall))must be provided training on the hazards of thiram, as well as the necessary precautions for its safe use and handling.

(ii) The training ((shall))must include instruction in:

(A) The nature of the health hazard(s) from exposure to thiram including specifically the potential for alcohol intolerance, drug interaction, and skin irritation;

(B) The specific nature of operations which could result in exposure to thiram and the necessary protective steps;

(D) The necessity for and requirements of good personal hygiene; and

(E) A review of the thiram rules at the worker's first training and indoctrination, and annually thereafter.

(4) Effective date. This standard ((shall))must become effective ((30))thirty days after being filed with the code reviser.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-07521Lead.

(1) Scope and application.

(a) This section applies to all occupational exposure to lead, except as provided in subdivision (1)(b).

(b) This section does not apply to the construction industry or to agricultural operations covered by chapter 296-307 WAC.

(2) Definitions as applicable to this part.

(a) (("Action level" -))Action level. Employee exposure, without regard to the use of respirators, to an airborne concentration of lead of thirty micrograms per cubic meter of air (30 µg/m3) averaged over an eight-hour period.

(b) (("Director" -))Director. The director of the department of labor and industries.

(c) (("Lead" -))Lead. Metallic lead, all inorganic lead compounds, and organic lead soaps. Excluded from this definition are all other organic lead compounds.

(3) General requirements.

(a) Employers will assess the hazards of lead in the work place and provide information to the employees about the hazards of the lead exposures to which they may be exposed.

(b) Information provided ((shall))must include:

(i) Exposure monitoring (including employee notification);

(ii) Written compliance programs;

(iii) Respiratory protection programs;

(iv) Personnel protective equipment and housekeeping;

(v) Medical surveillance and examinations;

(vi) Training requirements;

(vii) Recordkeeping requirements.

(4) Permissible exposure limit (PEL).

(a) The employer ((shall assure))must ensure that no employee is exposed to lead at concentrations greater than fifty micrograms per cubic meter of air (50 µg/m3) averaged over an eight-hour period.

(b) If an employee is exposed to lead for more than eight hours in any work day, the permissible exposure limit, as a time weighted average (TWA) for that day, ((shall))must be reduced according to the following formula:

Maximum permissible limit (in µg/m3) = 400 ÷ hours worked in the day.

(c) When respirators are used to supplement engineering and work practice controls to comply with the PEL and all the requirements of subsection (7) have been met, employee exposure, for the purpose of determining whether the employer has complied with the PEL, may be considered to be at the level provided by the protection factor of the respirator for those periods the respirator is worn. Those periods may be averaged with exposure levels during periods when respirators are not worn to determine the employee's daily TWA exposure.

(5) Exposure monitoring.

(a) General.

(i) For the purposes of subsection (5), employee exposure is that exposure which would occur if the employee were not using a respirator.

(ii) With the exception of monitoring under subdivision (5)(c), the employer ((shall))must collect full shift (for at least seven continuous hours) personal samples including at least one sample for each shift for each job classification in each work area.

(iii) Full shift personal samples ((shall))must be representative of the monitored employee's regular, daily exposure to lead.

(b) Initial determination. Each employer who has a workplace or work operation covered by this standard ((shall))must determine if any employee may be exposed to lead at or above the action level.

(i) The employer ((shall))must monitor employee exposures and ((shall))must base initial determinations on the employee exposure monitoring results and any of the following, relevant considerations:

(A) Any information, observations, or calculations which would indicate employee exposure to lead;

(B) Any previous measurements of airborne lead; and

(ii) Monitoring for the initial determination may be limited to a representative sample of the exposed employees who the employer reasonably believes are exposed to the greatest airborne concentrations of lead in the workplace.

(iii) Measurements of airborne lead made in the preceding twelve months may be used to satisfy the requirement to monitor under item (5)(c)(i) if the sampling and analytical methods used meet the accuracy and confidence levels of subdivision (5)(i) of this section.

(d) Positive initial determination and initial monitoring.

(i) Where a determination conducted under subdivisions (5)(b) and (5)(c) of this section shows the possibility of any employee exposure at or above the action level, the employer ((shall))must conduct monitoring which is representative of the exposure for each employee in the workplace who is exposed to lead.

(ii) Measurements of airborne lead made in the preceding twelve months may be used to satisfy this requirement if the sampling and analytical methods used meet the accuracy and confidence levels of subdivision (5)(i) of this section.

(e) Negative initial determination. Where a determination, conducted under subdivisions (5)(b) and (5)(c) of this section is made that no employee is exposed to airborne concentrations of lead at or above the action level, the employer ((shall))must make a written record of such determination. The record ((shall))must include at least the information specified in subdivision (5)(c) of this section and ((shall))must also include the date of determination, location within the worksite, and the name and Social Security number of each employee monitored.

(f) Frequency.

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

(ii) If the initial determination or subsequent monitoring reveals employee exposure to be at or above the action level but below the permissible exposure limit the employer ((shall))must repeat monitoring in accordance with this subsection at least every six months. The employer ((shall))must continue monitoring at the required frequency until at least two consecutive measurements, taken at least seven days apart, are below the action level at which time the employer may discontinue monitoring for that employee except as otherwise provided in subdivision (5)(g) of this section.

(iii) If the initial monitoring reveals that employee exposure is above the permissible exposure limit the employer ((shall))must repeat monitoring quarterly. The employer ((shall))must continue monitoring at the required frequency until at least two consecutive measurements, taken at least seven days apart, are below the PEL but at or above the action level at which time the employer ((shall))must repeat monitoring for that employee at the frequency specified in item (5)(f)(ii), except as otherwise provided in subdivision (5)(g) of this section.

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

(h) Employee notification.

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

(ii) Whenever the results indicate that the representative employee exposure, without regard to respirators, exceeds the permissible exposure limit, the employer ((shall))must include in the written notice a statement that the permissible exposure limit was exceeded and a description of the corrective action taken or to be taken to reduce exposure to or below the permissible exposure limit.

(i) Reserved.

(j) Accuracy of measurement. The employer ((shall))must use a method of monitoring and analysis which has an accuracy (to a confidence level of ninety-five percent) of not less than plus or minus twenty percent for airborne concentrations of lead equal to or greater than 30 µg/m3.

(6) Methods of compliance.

(a) Engineering and work practice controls.

(i) Where any employee is exposed to lead above the permissible exposure limit for more than thirty days per year, the employer ((shall))must implement engineering and work practice controls (including administrative controls) to reduce and maintain employee exposure to lead in accordance with the implementation schedule in Table I below, except to the extent that the employer can demonstrate that such controls are not feasible. Wherever the engineering and work practice controls which can be instituted are not sufficient to reduce employee exposure to or below the permissible exposure limit, the employer ((shall))must nonetheless use them to reduce exposures to the lowest feasible level and ((shall))must supplement them by the use of respiratory protection which complies with the requirements of subsection (7) of this section.

(ii) Where any employee is exposed to lead above the permissible exposure limit, but for thirty days or less per year, the employer ((shall))must implement engineering controls to reduce exposures to 200 µg/m3, but thereafter may implement any combination of engineering, work practice (including administrative controls), and respiratory controls to reduce and maintain employee exposure to lead to or below 50 µg/m3.

TABLE 1

Industry	Compliance dates:1 (50 µg/m3)
Lead chemicals, secondary copper smelting.	July 19, 1996
Nonferrous foundries. . . .	July 19, 1996.2
Brass and bronze ingot manufacture.	6 years.3

1	Calculated by counting from the date the stay on implementation of subsection (6)(a) was lifted by the U.S. Court of Appeals for the District of Columbia, the number of years specified in the 1978 lead standard and subsequent amendments for compliance with the PEL of 50 µg/m3 for exposure to airborne concentrations of lead levels for the particular industry.
2	Large nonferrous foundries (20 or more employees) are required to achieve the PEL of 50 µg/m3 by means of engineering and work practice controls. Small nonferrous foundries (fewer than 20 employees) are required to achieve an 8-hour TWA of 75 µg/m3 by such controls.
3	Expressed as the number of years from the date on which the Court lifts the stay on the implementation of subsection (6)(a) for this industry for employers to achieve a lead in air concentration of 75 µg/m3. Compliance with subsection (6) in this industry is determined by a compliance directive that incorporates elements from the settlement agreement between OSHA and representatives of the industry.

(b) Respiratory protection. Where engineering and work practice controls do not reduce employee exposure to or below the 50 µg/m3 permissible exposure limit, the employer ((shall))must supplement these controls with respirators in accordance with subsection (7).

(i) Each employer ((shall))must establish and implement a written compliance program to reduce exposures to or below the permissible exposure limit, and interim levels if applicable, solely by means of engineering and work practice controls in accordance with the implementation schedule in subdivision (6)(a).

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

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

(B) A description of the specific means that will be employed to achieve compliance, including engineering plans and studies used to determine methods selected for controlling exposure to lead;

(D) Air monitoring data which documents the source of lead emissions;

(E) A detailed schedule for implementation of the program, including documentation such as copies of purchase orders for equipment, construction contracts, etc.;

(F) A work practice program which includes items required under subsections (8), (9) and (10) of this regulation;

(G) An administrative control schedule required by subdivision (6)(f), if applicable; and

(H) Other relevant information.

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

(iv) Written programs ((shall))must be revised and updated at least every six months to reflect the current status of the program.

(d) Mechanical ventilation.

(i) When ventilation is used to control exposure, measurements which demonstrate the effectiveness of the system in controlling exposure, such as capture velocity, duct velocity, or static pressure ((shall))must be made at least every three months. Measurements of the system's effectiveness in controlling exposure ((shall))must be made within five days of any change in production, process, or control which might result in a change in employee exposure to lead.

(ii) Recirculation of air. If air from exhaust ventilation is recirculated into the workplace, the employer ((shall assure))must ensure that (A) the system has a high efficiency filter with reliable back-up filter; and (B) controls to monitor the concentration of lead in the return air and to bypass the recirculation system automatically if it fails are installed, operating, and maintained.

(e) Administrative controls. If administrative controls are used as a means of reducing employees TWA exposure to lead, the employer ((shall))must establish and implement a job rotation schedule which includes:

(i) Name or identification number of each affected employee;

(ii) Duration and exposure levels at each job or work station where each affected employee is located; and

(iii) Any other information which may be useful in assessing the reliability of administrative controls to reduce exposure to lead.

(7) Respiratory protection.

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

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

(iii) Periods when an employee requests a respirator.

(b) Respirator program.

(ii) If an employee has breathing difficulty during fit testing or respirator use, the employer must provide the employee with a medical examination as required by subsection (11)(c)(ii)(C) of this section to determine whether or not the employee can use a respirator while performing the required duty.

(i) Select and provide to employees appropriate respirators according to this section and WAC 296-842-13005, found in the respirator rule.

(ii) Provide employees with a powered air-purifying respirator (PAPR) instead of a negative-pressure respirator selected when an employee chooses to use a PAPR and it provides adequate protection to the employee.

(iii) Provide employees with full-facepiece respirators instead of half-facepiece respirators for protection against lead aerosols that cause eye or skin irritation at the use concentration.

(iv) Provide HEPA filters or N-, R-, or P-100 filters for powered air-purifying respirators (PAPRs) and negative-pressure air-purifying respirators.

(8) Protective work clothing and equipment.

(a) Provision and use. If an employee is exposed to lead above the PEL, without regard to the use of respirators or where the possibility of skin or eye irritation exists, the employer ((shall))must provide at no cost to the employee and ((assure))ensure that the employee uses appropriate protective work clothing and equipment such as, but not limited to:

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

(ii) Gloves, hats, and shoes or disposable shoe coverlets; and

(iii) Face shields, vented goggles, or other appropriate protective equipment which complies with WAC 296-800-160.

(b) Cleaning and replacement.

(i) The employer ((shall))must provide the protective clothing required in subdivision (8)(a) of this section in a clean and dry condition at least weekly, and daily to employees whose exposure levels without regard to a respirator are over 200 µg/m3 of lead as an eight-hour TWA.

(ii) The employer ((shall))must provide for the cleaning, laundering, or disposal of protective clothing and equipment required by subdivision (8)(a) of this section.

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

(iv) The employer ((shall assure))must ensure that all protective clothing is removed at the completion of a work shift only in change rooms provided for that purpose as prescribed in subdivision (10)(b) of this section.

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

(vi) The employer ((shall))must inform in writing any person who cleans or launders protective clothing or equipment of the potentially harmful effects of exposure to lead.

(vii) The employer ((shall))must ensure that the containers of contaminated protective clothing and equipment required by subdivision (8)(b)(v) are labeled as follows:

DANGER: CLOTHING AND EQUIPMENT CONTAMINATED WITH LEAD. MAY DAMAGE FERTILITY OR THE UNBORN CHILD. CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM. DO NOT EAT, DRINK OR SMOKE WHEN HANDLING. DO NOT REMOVE DUST BY BLOWING OR SHAKING. DISPOSE OF LEAD CONTAMINATED WASH WATER IN ACCORDANCE WITH APPLICABLE LOCAL, STATE, OR FEDERAL REGULATIONS.

(viii) ((Prior to June 1, 2015, employers may include the following information on bags or containers of contaminated protective clothing and equipment in lieu of the labeling requirements in (b)(vii) of this subsection:

CAUTION: CLOTHING CONTAMINATED WITH LEAD.

DO NOT REMOVE DUST BY BLOWING OR SHAKING.

DISPOSE OF LEAD CONTAMINATED WASH WATER IN ACCORDANCE WITH APPLICABLE LOCAL, STATE, OR FEDERAL REGULATIONS.

(ix))) The employer ((shall))must prohibit the removal of lead from protective clothing or equipment by blowing, shaking, or any other means which disperses lead into the air.

(9) Housekeeping.

(a) Surfaces. All surfaces ((shall))must be maintained as free as practicable of accumulations of lead.

(b) Cleaning floors.

(i) Floors and other surfaces where lead accumulates may not be cleaned by the use of compressed air.

(ii) Shoveling, dry or wet sweeping, and brushing may be used only where vacuuming or other equally effective methods have been tried and found not to be effective.

(c) Vacuuming. Where vacuuming methods are selected, the vacuums ((shall))must be used and emptied in a manner which minimizes the reentry of lead into the workplace.

(10) Hygiene facilities and practices.

(a) The employer ((shall assure))must ensure that in areas where employees are exposed to lead above the PEL, without regard to the use of respirators, food or beverage is not present or consumed, tobacco products are not present or used, and cosmetics are not applied, except in change rooms, lunchrooms, and showers required under subdivision (10)(b) through (10)(d) of this section.

(b) Change rooms.

(i) The employer ((shall))must provide clean change rooms for employees who work in areas where their airborne exposure to lead is above the PEL, without regard to the use of respirators.

(ii) The employer ((shall assure))must ensure that change rooms are equipped with separate storage facilities for protective work clothing and equipment and for street clothes which prevent cross-contamination.

(i) The employer ((shall assure))must ensure that employees who work in areas where their airborne exposure to lead is above the PEL, without regard to the use of respirators, shower at the end of the work shift.

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

(iii) The employer ((shall assure))must ensure that employees who are required to shower pursuant to item (10)(c)(i) do not leave the workplace wearing any clothing or equipment worn during the work shift.

(d) Lunchrooms.

(i) The employer ((shall))must provide lunchroom facilities for employees who work in areas where their airborne exposure to lead is above the PEL, without regard to the use of respirators.

(ii) The employer ((shall assure))must ensure that lunchroom facilities have a temperature controlled, positive pressure, filtered air supply, and are readily accessible to employees.

(iii) The employer ((shall assure))must ensure that employees who work in areas where their airborne exposure to lead is above the PEL without regard to the use of a respirator wash their hands and face prior to eating, drinking, smoking or applying cosmetics.

(iv) The employer ((shall assure))must ensure that employees do not enter lunchroom facilities with protective work clothing or equipment unless surface lead dust has been removed by vacuuming, downdraft booth, or other cleaning method.

(e) Lavatories. The employer ((shall))must provide an adequate number of lavatory facilities which comply with WAC 296-800-230.

(11) Medical surveillance.

(a) General.

(i) The employer ((shall))must institute a medical surveillance program for all employees who are or may be exposed at or above the action level for more than thirty days per year.

(ii) The employer ((shall assure))must ensure that all medical examinations and procedures are performed by or under the supervision of a licensed physician.

(iii) The employer ((shall))must provide the required medical surveillance including multiple physician review under item (11)(c)(iii) without cost to employees and at a reasonable time and place.

(b) Biological monitoring.

(i) Blood lead and ZPP level sampling and analysis. The employer ((shall))must make available biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels to each employee covered under item (11)(a)(i) of this section on the following schedule:

(A) At least every six months to each employee covered under item (11)(a)(i) of this section;

(B) At least every two months for each employee whose last blood sampling and analysis indicated a blood lead level at or above 40 µg/100 g of whole blood. This frequency ((shall))must continue until two consecutive blood samples and analyses indicate a blood lead level below 40 µg/100 g of whole blood; and

(C) At least monthly during the removal period of each employee removed from exposure to lead due to an elevated blood lead level.

(ii) Follow-up blood sampling tests. Whenever the results of a blood lead level test indicate that an employee's blood lead level is at or above the numerical criterion for medical removal under item (12)(a)(i)(A), the employer ((shall))must provide a second (follow-up) blood sampling test within two weeks after the employer receives the results of the first blood sampling test.

(iii) Accuracy of blood lead level sampling and analysis. Blood lead level sampling and analysis provided pursuant to this section ((shall))must have an accuracy (to a confidence level of ninety-five percent) within plus or minus fifteen percent or 6 µg/100 ml, whichever is greater, and ((shall))must be conducted by a laboratory licensed by the Center for Disease Control (CDC), United States Department of Health, Education and Welfare or which has received a satisfactory grade in blood lead proficiency testing from CDC in the prior twelve months.

(iv) Employee notification. Within five working days after the receipt of biological monitoring results, the employer ((shall))must notify in writing each employee whose blood lead level is at or above 40 µg/100g: (A) of that employee's blood lead level and (B) that the standard requires temporary medical removal with medical removal protection benefits when an employee's blood lead level exceeds the numerical criterion for medical removal under item (12)(a)(i) of this section.

(i) Frequency. The employer ((shall))must make available medical examinations and consultations to each employee covered under item (11)(a)(i) of this section on the following schedule:

(A) At least annually for each employee for whom a blood sampling test conducted at any time during the preceding twelve months indicated a blood lead level at or above 40 µg/100 g;

(B) Prior to assignment for each employee being assigned for the first time to an area in which airborne concentrations of lead are at or above the action level;

(C) As soon as possible, upon notification by an employee either that the employee has developed signs or symptoms commonly associated with lead intoxication, that the employee desires medical advice concerning the effects of current or past exposure to lead on the employee's ability to procreate a healthy child, or that the employee has demonstrated difficulty in breathing during a respirator fitting test or during use; and

(D) As medically appropriate for each employee either removed from exposure to lead due to a risk of sustaining material impairment to health, or otherwise limited pursuant to a final medical determination.

(ii) Content. Medical examinations made available pursuant to subitems (11)(c)(i)(A) through (B) of this section ((shall))must include the following elements:

(A) A detailed work history and a medical history, with particular attention to past lead exposure (occupational and nonoccupational), personal habits (smoking, hygiene), and past gastrointestinal, hematologic, renal, cardiovascular, reproductive and neurological problems;

(B) A thorough physical examination, with particular attention to teeth, gums, hematologic, gastrointestinal, renal, cardiovascular, and neurological systems. Pulmonary status should be evaluated if respiratory protection will be used;

(D) A blood sample and analysis which determines:

(I) Blood lead level;

(II) Hemoglobin and hematocrit determinations, red cell indices, and examination of peripheral smear morphology;

(III) Zinc protoporphyrin;

(IV) Blood urea nitrogen; and

(V) Serum creatinine;

(E) A routine urinalysis with microscopic examination; and

(F) Any laboratory or other test which the examining physician deems necessary by sound medical practice.

The content of medical examinations made available pursuant to subitems (11)(c)(i)(C) through (D) of this section ((shall))must be determined by an examining physician and, if requested by an employee, shall include pregnancy testing or laboratory evaluation of male fertility.

(iii) Multiple physician review mechanism.

(A) If the employer selects the initial physician who conducts any medical examination or consultation provided to an employee under this section, the employee may designate a second physician:

(I) To review any findings, determinations or recommendations of the initial physician; and

(II) To conduct such examinations, consultations, and laboratory tests as the second physician deems necessary to facilitate this review.

(B) The employer ((shall))must promptly notify an employee of the right to seek a second medical opinion after each occasion that an initial physician conducts a medical examination or consultation pursuant to this section. The employer may condition its participation in, and payment for, the multiple physician review mechanism upon the employee doing the following within fifteen days after receipt of the foregoing notification, or receipt of the initial physician's written opinion, whichever is later:

(I) The employee informing the employer that ((he or she))they intend((s)) to seek a second medical opinion, and

(II) The employee initiating steps to make an appointment with a second physician.

(C) If the findings, determinations or recommendations of the second physician differ from those of the initial physician, then the employer and the employee ((shall assure))must ensure that efforts are made for the two physicians to resolve any disagreement.

(D) If the two physicians have been unable to quickly resolve their disagreement, then the employer and the employee through their respective physicians ((shall))must designate a third physician:

(I) To review any findings, determinations or recommendations of the prior physicians; and

(II) To conduct such examinations, consultations, laboratory tests and discussions with the prior physicians as the third physician deems necessary to resolve the disagreement of the prior physicians.

(E) The employer ((shall))must act consistent with the findings, determinations and recommendations of the third physician, unless the employer and the employee reach an agreement which is otherwise consistent with the recommendations of at least one of the three physicians.

(iv) Information provided to examining and consulting physicians.

(A) The employer ((shall))must provide an initial physician conducting a medical examination or consultation under this section with the following information:

(I) A copy of this regulation for lead including all appendices;

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

(III) The employee's exposure level or anticipated exposure level to lead and to any other toxic substance (if applicable);

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

(V) Prior blood lead determinations; and

(VI) All prior written medical opinions concerning the employee in the employer's possession or control.

(B) The employer ((shall))must provide the foregoing information to a second or third physician conducting a medical examination or consultation under this section upon request either by the second or third physician, or by the employee.

(v) Written medical opinions.

(A) The employer ((shall))must obtain and furnish the employee with a copy of a written medical opinion from each examining or consulting physician which contains the following information:

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

(II) Any recommended special protective measures to be provided to the employee, or limitations to be placed upon the employee's exposure to lead;

(III) Any recommended limitation upon the employee's use of respirators, including a determination of whether the employee can wear a powered air purifying respirator if a physician determines that the employee cannot wear a negative pressure respirator; and

(IV) The results of the blood lead determinations.

(B) The employer ((shall))must instruct each examining and consulting physician to:

(I) Not reveal either in the written opinion, or in any other means of communication with the employer, findings, including laboratory results, or diagnoses unrelated to an employee's occupational exposure to lead; and

(II) Advise the employee of any medical condition, occupational or nonoccupational, which dictates further medical examination or treatment.

(vi) Alternate physician determination mechanisms. The employer and an employee or authorized employee representative may agree upon the use of any expeditious alternate physician determination mechanism in lieu of the multiple physician review mechanism provided by this subsection so long as the alternate mechanism otherwise satisfies the requirements contained in this subsection.

(d) Chelation.

(i) The employer ((shall assure))must ensure that any person whom he retains, employs, supervises or controls does not engage in prophylactic chelation of any employee at any time.

(ii) If therapeutic or diagnostic chelation is to be performed by any person in item (11)(d)(i), the employer ((shall assure))must ensure that it be done under the supervision of a licensed physician in a clinical setting with thorough and appropriate medical monitoring and that the employee is notified in writing prior to its occurrence.

(12) Medical removal protection.

(a) Temporary medical removal and return of an employee.

(i) Temporary removal due to elevated blood lead levels.

(A) The employer ((shall))must remove an employee from work having an exposure to lead at or above the action level on each occasion that a periodic and a follow-up blood sampling test conducted pursuant to this section indicate that the employee's blood lead level is at or above 60 µg/100g of whole blood; and

(B) The employer ((shall))must remove an employee from work having an exposure to lead at or above the action level on each occasion that the average of the last three blood sampling tests conducted pursuant to this section (or the average of all blood sampling tests conducted over the previous six months, whichever is longer) indicates that the employee's blood lead level is at or above 50 µg/100g of whole blood; provided, however, that an employee need not be removed if the last blood sampling test indicates a blood lead level below 40 µg/100g of whole blood.

(ii) Temporary removal due to a final medical determination.

(A) The employer ((shall))must remove an employee from work having an exposure to lead at or above the action level on each occasion that a final medical determination results in a medical finding, determination, or opinion that the employee has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to lead.

(B) For the purposes of this section, the phrase "final medical determination" shall mean the outcome of the multiple physician review mechanism or alternate medical determination mechanism used pursuant to the medical surveillance provisions of this section.

(C) Where a final medical determination results in any recommended special protective measures for an employee, or limitations on an employee's exposure to lead, the employer ((shall))must implement and act consistent with the recommendation.

(iii) Return of the employee to former job status.

(A) The employer ((shall))must return an employee to ((his or her))their former job status:

(I) For an employee removed due to a blood lead level at or above 60 µg/100g, or due to an average blood lead level at or above 50 µg/100g, when two consecutive blood sampling tests indicate that the employee's blood lead level is below 40 µg/100g of whole blood;

(II) For an employee removed due to a final medical determination, when a subsequent final medical determination results in a medical finding, determination, or opinion that the employee no longer has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to lead.

(B) For the purposes of this section, the requirement that an employer return an employee to ((his or her))their former job status is not intended to expand upon or restrict any rights an employee has or would have had, absent temporary medical removal, to a specific job classification or position under the terms of a collective bargaining agreement.

(iv) Removal of other employee special protective measure or limitations. The employer ((shall))must remove any limitations placed on an employee or end any special protective measures provided to an employee pursuant to a final medical determination when a subsequent final medical determination indicates that the limitations or special protective measures are no longer necessary.

(v) Employer options pending a final medical determination. Where the multiple physician review mechanism, or alternate medical determination mechanism used pursuant to the medical surveillance provisions of this section, has not yet resulted in a final medical determination with respect to an employee, the employer ((shall))must act as follows:

(A) Removal. The employer may remove the employee from exposure to lead, provide special protective measures to the employee, or place limitations upon the employee, consistent with the medical findings, determinations, or recommendations of any of the physicians who have reviewed the employee's health status.

(B) Return. The employer may return the employee to ((his or her))their former job status, end any special protective measures provided to the employee, and remove any limitations placed upon the employee, consistent with the medical findings, determinations, or recommendations of any of the physicians who have reviewed the employee's health status, with two exceptions. If:

(I) The initial removal, special protection, or limitation of the employee resulted from a final medical determination which differed from the findings, determinations, or recommendations of the initial physician; or

(II) The employee has been on removal status for the preceding eighteen months due to an elevated blood lead level, then the employer ((shall))must await a final medical determination.

(b) Medical removal protection benefits.

(i) Provision of medical removal protection benefits. The employer ((shall))must provide to an employee up to eighteen months of medical removal protection benefits on each occasion that an employee is removed from exposure to lead or otherwise limited pursuant to this section.

(ii) Definition of medical removal protection benefits. For the purposes of this section, the requirement that an employer provide medical removal protection benefits means that the employer ((shall))must maintain the earnings, seniority and other employment rights and benefits of an employee as though the employee had not been removed from normal exposure to lead or otherwise limited.

(iii) Follow-up medical surveillance during the period of employee removal or limitation. During the period of time that an employee is removed from normal exposure to lead or otherwise limited, the employer may condition the provision of medical removal protection benefits upon the employee's participation in follow-up medical surveillance made available pursuant to this section.

(iv) Workers' compensation claims. If a removed employee files a claim for workers' compensation payments for a lead-related disability, then the employer ((shall))must continue to provide medical removal protection benefits pending disposition of the claim. To the extent that an award is made to the employee for earnings lost during the period of removal, the employer's medical removal protection obligation ((shall))must be reduced by such amount. The employer ((shall))must not receive ((no)) credit for workers' compensation payments received by the employee for treatment related expenses.

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

(vi) Employees whose blood lead levels do not adequately decline within eighteen months of removal. The employer ((shall))must take the following measures with respect to any employee removed from exposure to lead due to an elevated blood lead level whose blood lead level has not declined within the past eighteen months of removal so that the employee has been returned to ((his or her))their former job status:

(A) The employer ((shall))must make available to the employee a medical examination pursuant to this section to obtain a final medical determination with respect to the employee;

(B) The employer ((shall assure))must ensure that the final medical determination obtained indicates whether or not the employee may be returned to ((his or her))their former job status, and if not, what steps should be taken to protect the employee's health;

(C) Where the final medical determination has not yet been obtained, or once obtained indicates that the employee may not yet be returned to ((his or her))their former job status, the employer ((shall))must continue to provide medical removal protection benefits to the employee until either the employee is returned to former job status, or a final medical determination is made that the employee is incapable of ever safely returning to ((his or her))their former job status;

(D) Where the employer acts pursuant to a final medical determination which permits the return of the employee to ((his or her))their former job status despite what would otherwise be an unacceptable blood lead level, later questions concerning removing the employee again ((shall))must be decided by a final medical determination. The employer need not automatically remove such an employee pursuant to the blood lead level removal criteria provided by this section.

(vii) Voluntary removal or restriction of an employee. Where an employer, although not required by this section to do so, removes an employee from exposure to lead or otherwise places limitations on an employee due to the effects of lead exposure on the employee's medical condition, the employer ((shall))must provide medical removal protection benefits to the employee equal to that required by item (12)(b)(i) of this section.

(13) Employee information and training.

(a) Training program.

(i) Each employer who has a workplace in which there is a potential exposure to airborne lead at any level ((shall))must inform employees of the content of Appendices A and B of this regulation.

(ii) The employer ((shall))must train each employee who is subject to exposure to lead at or above the action level or for whom the possibility of skin or eye irritation exists, in accordance with the requirements of this section. The employer ((shall))must institute a training program for and ((assure))ensure the participation of all employees.

(iii) The employer ((shall))must provide initial training by one hundred eighty days from the effective date for those employees covered by item (13)(a)(ii) on the standard's effective date and prior to the time of initial job assignment for those employees subsequently covered by this subsection.

(iv) The training program ((shall))must be repeated at least annually for each employee.

(v) The employer ((shall assure))must ensure that each employee is informed of the following:

(A) The content of this standard and its appendices;

(B) The specific nature of the operations which could result in exposure to lead above the action level;

(C) The purpose, proper use, limitations, and other training requirements for respiratory protection as required by chapter ((296-62 WAC, Part E))296-842 WAC;

(D) The purpose and a description of the medical surveillance program, and the medical removal protection program including information concerning the adverse health effects associated with excessive exposure to lead (with particular attention to the adverse reproductive effects on both males and females);

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

(F) The contents of any compliance plan in effect; and

(G) Instructions to employees that chelating agents should not routinely be used to remove lead from their bodies and should not be used at all except under the direction of a licensed physician.

(b) Access to information and training materials.

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

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

(iii) In addition to the information required by item (13)(a)(v), the employer ((shall))must include as part of the training program, and ((shall))must distribute to employees, any materials pertaining to the Occupational Safety and Health Act, the regulations issued pursuant to the act, and this lead standard, which are made available to the employer by the director.

(14) Communication of hazards.

(a) Hazard communication - General.

(i) Chemical manufacturers, importers, distributors and employers ((shall))must comply with all requirements of the Hazard Communication Standard (HCS), WAC 296-901-140 for lead.

(ii) In classifying the hazards of lead at least the following hazards are to be addressed: Reproductive/developmental toxicity; central nervous system effects; kidney effects; blood effects; and acute toxicity effects.

(iii) Employers ((shall))must include lead in the hazard communication program established to comply with the HCS, WAC 296-901-140. Employers ((shall))must ensure that each employee has access to labels on containers of lead and to safety data sheets, and is trained in accordance with the requirements of HCS and subsection (13) of this section.

(b) Signs.

(i) The employer ((shall))must post the following warning signs in each work area where the PEL is exceeded:

DANGER

LEAD

MAY DAMAGE FERTILITY OR THE UNBORN CHILD

CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM

DO NOT EAT, DRINK OR SMOKE IN THIS AREA

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

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

(iv) The employer may use signs required by other statutes, regulations or ordinances in addition to, or in combination with, signs required by this subsection.

(((v) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in (b)(i) of this subsection:

WARNING

LEAD WORK AREA

POISON

NO SMOKING OR EATING))

(15) Recordkeeping.

(a) Exposure monitoring.

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

(ii) This record ((shall))must include:

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

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

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

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

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

(b) Medical surveillance.

(i) The employer ((shall))must establish and maintain an accurate record for each employee subject to medical surveillance as required by subsection (11) of this section.

(ii) This record ((shall))must include:

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

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

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

(D) Any employee medical complaints related to exposure to lead.

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

(A) A copy of the medical examination results including medical and work history required under subsection (11) of this section;

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

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

(i) The employer ((shall))must establish and maintain an accurate record for each employee removed from current exposure to lead pursuant to subsection (12) of this section.

(ii) Each record ((shall))must include:

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

(B) The date on each occasion that the employee was removed from current exposure to lead as well as the corresponding date on which the employee was returned to his or her former job status;

(D) A statement with respect to each removal indicating whether or not the reason for the removal was an elevated blood lead level.

(iii) The employer ((shall))must maintain each medical removal record for at least the duration of an employee's employment.

(d) Availability.

(i) The employer ((shall))must make available upon request all records required to be maintained by subsection (15) of this section to the director for examination and copying.

(ii) Environmental monitoring, medical removal, and medical records required by this subsection ((shall))must be provided upon request to employees, designated representatives, and the assistant director in accordance with chapter 296-802 WAC. Medical removal records ((shall))must be provided in the same manner as environmental monitoring records.

(iii) Upon request, the employer ((shall))must make an employee's medical records required to be maintained by this section available to the affected employee or former employee or to a physician or other individual designated by such affected employee or former employees for examination and copying.

(e) Transfer of records.

The employer ((shall))must comply with any additional requirements involving transfer of records set forth in WAC 296-802-60005.

(16) Observation of monitoring.

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

(b) Observation procedures.

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

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

(A) Receive an explanation of the measurement procedures;

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

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

(a) Appendix A. Substance Data Sheet for Occupational Exposure to Lead.

(i) Substance identification.

(A) Substance. Pure lead (Pb) is a heavy metal at room temperature and pressure and is a basic chemical element. It can combine with various other substances to form numerous lead compounds.

(B) Compounds covered by the standard. The word "lead" when used in this standard means elemental lead, all inorganic lead compounds (except those which are not biologically available due to either solubility or specific chemical interaction), and a class of organic lead compounds called lead soaps. This standard does not apply to other organic lead compounds.

(C) Uses. Exposure to lead occurs in at least one hundred twenty different occupations, including primary and secondary lead smelting, lead storage battery manufacturing, lead pigment manufacturing and use, solder manufacturing and use, shipbuilding and ship repairing, auto manufacturing, and printing.

(D) Permissible exposure. The Permissible Exposure Limit (PEL) set by the standard is 50 micrograms of lead per cubic meter of air (50 µg/m3), averaged over an eight-hour work day.

(E) Action level. The standard establishes an action level of 30 micrograms per cubic meter of air (30 µg/m3) time weighted average, based on an eight-hour work day. The action level initiates several requirements of the standard, such as exposure monitoring, medical surveillance, and training and education.

(ii) Health hazard data.

(A) Ways in which lead enters your body.

(I) When absorbed into your body in certain doses lead is a toxic substance. The object of the lead standard is to prevent absorption of harmful quantities of lead. The standard is intended to protect you not only from the immediate toxic effects of lead, but also from the serious toxic effects that may not become apparent until years of exposure have passed.

(II) Lead can be absorbed into your body by inhalation (breathing) and ingestion (eating). Lead (except for certain organic lead compounds not covered by the standard, such as tetraethyl lead) is not absorbed through your skin. When lead is scattered in the air as a dust, fume or mist, it can be inhaled and absorbed through your lungs and upper respiratory tract. Inhalation of airborne lead is generally the most important source of occupational lead absorption. You can also absorb lead through your digestive system if lead gets into your mouth and is swallowed. If you handle food, cigarettes, chewing tobacco, or make-up which have lead on them or handle them with hands contaminated with lead, this will contribute to ingestion.

(III) A significant portion of the lead that you inhale or ingest gets into your blood stream. Once in your blood stream lead is circulated throughout your body and stored in various organs and body tissues. Some of this lead is quickly filtered out of your body and excreted, but some remains in your blood and other tissue. As exposure to lead continues, the amount stored in your body will increase if you are absorbing more lead than your body is excreting. Even though you may not be aware of any immediate symptoms of disease, this lead stored in your tissues can be slowly causing irreversible damage, first to individual cells, then to your organs and whole body systems.

(B) Effects of overexposure to lead.

(I) Short-term (acute) overexposure. Lead is a potent, systemic poison that serves no known useful function once absorbed by your body. Taken in large enough doses, lead can kill you in a matter of days. A condition affecting the brain called acute encephalopathy may arise which develops quickly to seizures, coma, and death from cardiorespiratory arrest. A short-term dose of lead can lead to acute encephalopathy. Short-term occupational exposures of this magnitude are highly unusual, but not impossible. Similar forms of encephalopathy may, however arise from extended, chronic exposure to lower doses of lead. There is no sharp dividing line between rapidly developing acute effects of lead, and chronic effects which take longer to acquire. Lead adversely affects numerous body systems, and causes forms of health impairment and disease which arise after periods of exposure as short as days or as long as several years.

(II) Long-term (chronic) overexposure.

a) Chronic overexposure to lead may result in severe damage to your blood-forming, nervous, urinary and reproductive systems. Some common symptoms of chronic overexposure include loss of appetite, metallic taste in the mouth, anxiety, constipation, nausea, pallor, excessive tiredness, weakness, insomnia, headache, nervous irritability, muscle and joint pain or soreness, fine tremors, numbness, dizziness, hyperactivity and colic. In lead colic there may be severe abdominal pain.

b) Damage to the central nervous system in general and the brain (encephalopathy) in particular is one of the most severe forms of lead poisoning. The most severe, often fatal, form of encephalopathy may be preceded by vomiting, a feeling of dullness progressing to drowsiness and stupor, poor memory, restlessness, irritability, tremor, and convulsions. It may arise suddenly with the onset of seizures, followed by coma, and death. There is a tendency for muscular weakness to develop at the same time. This weakness may progress to paralysis often observed as a characteristic "wrist drop" or "foot drop" and is a manifestation of a disease to the nervous system called peripheral neuropathy.

c) Chronic overexposure to lead also results in kidney disease with few, if any, symptoms appearing until extensive and most likely permanent kidney damage has occurred. Routine laboratory tests reveal the presence of this kidney disease only after about two-thirds of kidney function is lost. When overt symptoms of urinary dysfunction arise, it is often too late to correct or prevent worsening conditions, and progression of kidney dialysis or death is possible.

d) Chronic overexposure to lead impairs the reproductive systems of both men and women. Overexposure to lead may result in decreased sex drive, impotence and sterility in men. Lead can alter the structure of sperm cells raising the risk of birth defects. There is evidence of miscarriage and stillbirth in women whose husbands were exposed to lead or who were exposed to lead themselves. Lead exposure also may result in decreased fertility, and abnormal menstrual cycles in women. The course of pregnancy may be adversely affected by exposure to lead since lead crosses the placental barrier and poses risks to developing fetuses. Children born of parents either one of whom were exposed to excess lead levels are more likely to have birth defects, mental retardation, behavioral disorders or die during the first year of childhood.

e) Overexposure to lead also disrupts the blood-forming system resulting in decreased hemoglobin (the substance in the blood that carries oxygen to the cells) and ultimately anemia. Anemia is characterized by weakness, pallor and fatigability as a result of decreased oxygen carrying capacity in the blood.

(III) Health protection goals of the standard.

a) Prevention of adverse health effects for most workers from exposure to lead throughout a working lifetime requires that worker blood lead (PbB) levels be maintained at or below forty micrograms per one hundred grams of whole blood (40 µg/100g). The blood lead levels of workers (both male and female workers) who intend to have children should be maintained below 30 µg/100g to minimize adverse reproductive health effects to the parents and to the developing fetus.

b) The measurement of your blood lead level is the most useful indicator of the amount of lead absorbed by your body. Blood lead levels (PbB) are most often reported in units of milligrams (mg) or micrograms (µg) of lead (1 mg = 1000 µg) per 100 grams (100g), 100 milliliters (100 ml) or deciliter (dl) of blood. These three units are essentially the same. Sometimes PbB's are expressed in the form of mg% or µg%. This is a shorthand notation for 100g, 100ml, or dl.

c) PbB measurements show the amount of lead circulating in your blood stream, but do not give any information about the amount of lead stored in your various tissues. PbB measurements merely show current absorption of lead, not the effect that lead is having on your body or the effects that past lead exposure may have already caused. Past research into lead-related diseases, however, has focused heavily on associations between PbBs and various diseases. As a result, your PbB is an important indicator of the likelihood that you will gradually acquire a lead-related health impairment or disease.

d) Once your blood lead level climbs above 40 µg/100g, your risk of disease increases. There is a wide variability of individual response to lead, thus it is difficult to say that a particular PbB in a given person will cause a particular effect. Studies have associated fatal encephalopathy with PbBs as low as 150 µg/100g. Other studies have shown other forms of disease in some workers with PbBs well below 80 µg/100g. Your PbB is a crucial indicator of the risks to your health, but one other factor is extremely important. This factor is the length of time you have had elevated PbBs. The longer you have an elevated PbB, the greater the risk that large quantities of lead are being gradually stored in your organs and tissues (body burden). The greater your overall body burden, the greater the chances of substantial permanent damage.

e) The best way to prevent all forms of lead-related impairments and diseases—both short-term and long-term—is to maintain your PbB below 40 µg/100g. The provisions of the standard are designed with this end in mind. Your employer has prime responsibility to ((assure))ensure that the provisions of the standard are complied with both by the company and by individual workers. You as a worker, however, also have a responsibility to assist your employer in complying with the standard. You can play a key role in protecting your own health by learning about the lead hazards and their control, learning what the standard requires, following the standard where it governs your own action, and seeing that your employer complies with the provisions governing his actions.

(IV) Reporting signs and symptoms of health problems. You should immediately notify your employer if you develop signs or symptoms associated with lead poisoning or if you desire medical advice concerning the effects of current or past exposure to lead on your ability to have a healthy child. You should also notify your employer if you have difficulty breathing during a respirator fit test or while wearing a respirator. In each of these cases your employer must make available to you appropriate medical examinations or consultations. These must be provided at no cost to you and at a reasonable time and place.

(b) Appendix B. Employee Standard Summary. This appendix summarizes key provisions of the standard that you as a worker should become familiar with. The appendix discusses the entire standard.

(i) Permissible exposure limit (PEL). The standard sets a permissible exposure limit (PEL) of fifty micrograms of lead per cubic meter of air (50 µg/m3), averaged over and eight-hour workday. This is the highest level of lead in air to which you may be permissibly exposed over an eight-hour workday. Since it is an eight-hour average it permits short exposures above the PEL so long as for each eight-hour workday your average exposure does not exceed the PEL.

(ii) Exposure monitoring.

(A) If lead is present in the work place where you work in any quantity, your employer is required to make an initial determination of whether the action level is exceeded for any employee. The initial determination must include instrument monitoring of the air for the presence of lead and must cover the exposure of a representative number of employees who are reasonably believed to have the highest exposure levels. If your employer has conducted appropriate air sampling for lead in the past year he may use these results. If there have been any employee complaints of symptoms which may be attributable to exposure to lead or if there is any other information or observations which would indicate employee exposure to lead, this must also be considered as part of the initial determination. If this initial determination shows that a reasonable possibility exists that any employee may be exposed, without regard to respirators, over the action level (30 µg/m3) your employer must set up an air monitoring program to determine the exposure level of every employee exposed to lead at your work place.

(B) In carrying out this air monitoring program, your employer is not required to monitor the exposure of every employee, but ((he or she))they must monitor a representative number of employees and job types. Enough sampling must be done to enable each employee's exposure level to be reasonably represented by at least one full shift (at least seven hours) air sample. In addition, these air samples must be taken under conditions which represent each employee's regular, daily exposure to lead.

(C) If you are exposed to lead and air sampling is performed, your employer is required to quickly notify you in writing of air monitoring results which represent your exposure. If the results indicate your exposure exceeds the PEL (without regard to your use of respirators), then your employer must also notify you of this in writing, and provide you with a description of the corrective action that will be taken to reduce your exposure.

(D) Your exposure must be rechecked by monitoring every six months if your exposure is over the action level but below the PEL. Air monitoring must be repeated every three months if you are exposed over the PEL. Your employer may discontinue monitoring for you if two consecutive measurements, taken at least two weeks apart, are below the action level. However, whenever there is a production, process, control, or personnel change at your work place which may result in new or additional exposure to lead, or whenever there is any other reason to suspect a change which may result in new or additional exposure to lead, your employer must perform additional monitoring.

(iii) Methods of compliance. Your employer is required to ((assure))ensure that no employee is exposed to lead in excess of the PEL. The standard establishes a priority of methods to be used to meet the PEL.

(iv) Respiratory protection.

(A) Your employer is required to provide and ((assure))ensure your use of respirators when your exposure to lead is not controlled below the PEL by other means. The employer must pay the cost of the respirator. Whenever you request one, your employer is also required to provide you a respirator even if your air exposure level does not exceed the PEL. You might desire a respirator when, for example, you have received medical advice that your lead absorption should be decreased. Or, you may intend to have children in the near future, and want to reduce the level of lead in your body to minimize adverse reproductive effects. While respirators are the least satisfactory means of controlling your exposure, they are capable of providing significant protection if properly chosen, fitted, worn, cleaned, maintained, and replaced when they stop providing adequate protection.

(B) Your employer is required to select respirators from the seven types listed in Table II of the respiratory protection section of this standard (see subsection (7)(c) of this section). Any respirator chosen must be certified by the National Institute for Occupational Safety and Health (NIOSH) under the provisions of 42 C.F.R. part 84. This respirator selection table will enable your employer to choose a type of respirator which will give you a proper amount of protection based on your airborne lead exposure. Your employer may select a type of respirator that provides greater protection than that required by the standard; that is, one recommended for a higher concentration of lead than is present in your work place. For example, a powered air purifying respirator (PAPR) is much more protective than a typical negative-pressure respirator, and may also be more comfortable to wear. A PAPR has a filter, cartridge or canister to clean the air, and a power source which continuously blows filtered air into your breathing zone. Your employer might make a PAPR available to you to ease the burden of having to wear a respirator for long periods of time. The standard provides that you can obtain a PAPR upon request.

(C) Your employer must also start a respiratory protection program. This program must include written procedures for the proper selection, use, cleaning, storage, and maintenance of respirators.

(D) Your employer must ((assure))ensure that your respirator facepiece fits properly. Proper fit of a respirator facepiece is critical to your protection against air borne lead. Obtaining a proper fit on each employee may require your employer to make available several different types of respirator masks. To ensure that your respirator fits properly and that facepiece leakage is minimal, your employer must give you either a qualitative or quantitative fit test as required in chapter 296-842 WAC.

(E) You must also receive from your employer proper training in the use of respirators. Your employer is required to teach you how to wear a respirator, to know why it is needed, and to understand its limitations.

(F) The standard provides that if your respirator uses filter elements, you must be given an opportunity to change the filter elements whenever an increase in breathing resistance is detected. You also must be permitted to periodically leave your work area to wash your face and respirator facepiece whenever necessary to prevent skin irritation. If you ever have difficulty breathing during a fit test or while using a respirator, your employer must make a medical examination available to you to determine whether you can safely wear a respirator. The result of this examination may be to give you a positive pressure respirator (which reduces breathing resistance) or to provide alternative means of protection.

(v) Protective work clothing and equipment. If you are exposed to lead above the PEL, or if you are exposed to lead compounds such as lead arsenate or lead azide which can cause skin and eye irritation, your employer must provide you with protective work clothing and equipment appropriate for the hazard. If work clothing is provided, it must be provided in a clean and dry condition at least weekly, and daily if your airborne exposure to lead is greater than 200 µg/m3. Appropriate protective work clothing and equipment can include coveralls or similar full-body work clothing, gloves, hats, shoes or disposable shoe coverlets, and face shields or vented goggles. Your employer is required to provide all such equipment at no cost to you. ((He or she is))They are responsible for providing repairs and replacement as necessary and also is responsible for the cleaning, laundering or disposal of protective clothing and equipment. Contaminated work clothing or equipment must be removed in change rooms and not worn home or you will extend your exposure and expose your family since lead from your clothing can accumulate in your house, car, etc. Contaminated clothing which is to be cleaned, laundered or disposed of must be placed in closed containers in the change room. At no time may lead be removed from protective clothing or equipment by any means which disperses lead into the work room air.

(vi) Housekeeping. Your employer must establish a housekeeping program sufficient to maintain all surfaces as free as practicable of accumulations of lead dust. Vacuuming is the preferred method of meeting this requirement, and the use of compressed air to clean floors and other surfaces is absolutely prohibited. Dry or wet sweeping, shoveling, or brushing may not be used except where vacuuming or other equally effective methods have been tried and do not work. Vacuums must be used and emptied in a manner which minimizes the reentry of lead into the work place.

(vii) Hygiene facilities and practices.

(A) The standard requires that change rooms, showers and filtered air lunchrooms be constructed and made available to workers exposed to lead above the PEL. When the PEL is exceeded, the employer must ((assure))ensure that food and beverage is not present or consumed, tobacco products are not present or used, and cosmetics are not applied, except in these facilities. Change rooms, showers and lunchrooms, must be used by workers exposed in excess of the PEL. After showering, no clothing or equipment worn during the shift may be worn home and this includes shoes and underwear. Your own clothing worn during the shift should be carried home and cleaned carefully so that it does not contaminate your home. Lunchrooms may not be entered with protective clothing or equipment unless surface dust has been removed by vacuuming, downdraft booth or other cleaning methods. Finally, workers exposed above the PEL must wash both their hands and faces prior to eating, drinking, smoking or applying cosmetics.

(B) All of the facilities and hygiene practices just discussed are essential to minimize additional sources of lead absorption from inhalation or ingestion of lead that may accumulate on you, your clothes or your possessions. Strict compliance with these provisions can virtually eliminate several sources of lead exposure which significantly contribute to excessive lead absorption.

(viii) Medical surveillance.

(A) The medical surveillance program is part of the standard's comprehensive approach to the prevention of lead-related disease. Its purpose is to supplement the main thrust of the standard which is aimed at minimizing airborne concentrations of lead and sources of ingestion. Only medical surveillance can determine if the other provisions of the standard have effectively protected you as an individual. Compliance with the standard's provision will protect most workers from the adverse effects of lead exposure, but may not be satisfactory to protect individual workers (I) who have high body burdens of lead acquired over past years, (II) who have additional uncontrolled sources of nonoccupational lead exposure, (III) who exhibit unusual variations in lead absorption rates, or (IV) who have specific nonwork related medical conditions which could be aggravated by lead exposure (e.g., renal disease, anemia). In addition, control systems may fail, or hygiene and respirator programs may be inadequate. Periodic medical surveillance of individual workers will help detect those failures. Medical surveillance will also be important to protect your reproductive ability - regardless of whether you are a man or a woman.

(B) All medical surveillance required by the standard must be performed by or under the supervision of a licensed physician. The employer must provide required medical surveillance without cost to employees and at a reasonable time and place. The standard's medical surveillance program has two parts - Periodic biological monitoring, and medical examinations.

(C) Your employer's obligation to offer medical surveillance is triggered by the results of the air monitoring program. Medical surveillance must be made available to all employees who are exposed in excess of the action level for more than thirty days a year. The initial phase of the medical surveillance program, which included blood lead level tests and medical examinations, must be completed for all covered employees no later than one hundred eighty days from the effective date of this standard. Priority within this first round of medical surveillance must be given to employees whom the employer believes to be at greatest risk from continued exposure (for example, those with the longest prior exposure to lead, or those with the highest current exposure). Thereafter, the employer must periodically make medical surveillance - both biological monitoring and medical examinations - available to all covered employees.

(D) Biological monitoring under the standard consists of blood lead level (PbB) and zinc protoporphyrin tests at least every six months after the initial PbB test. A zinc protoporphyrin (ZPP) test is a very useful blood test which measures an effect of lead on your body. If a worker's PbB exceeds 40 µg/100g, the monitoring frequency must be increased from every six months to at least every two months and not reduced until two consecutive PbBs indicate a blood lead level below 40 µg/100g. Each time your PbB is determined to be over 40 µg/100g, your employer must notify you of this in writing within five working days of the receipt of the test results. The employer must also inform you that the standard requires temporary medical removal with economic protection when your PbB exceeds certain criteria (see Discussion of Medical Removal Protection - subsection (12)). During the first year of the standard, this removal criterion is 80 µg/100g. Anytime your PbB exceeds 80 µg/100g your employer must make available to you a prompt follow-up PbB test to ascertain your PbB. If the two tests both exceed 80 µg/100g and you are temporarily removed, then your employer must make successive PbB tests available to you on a monthly basis during the period of your removal.

(E) Medical examinations beyond the initial one must be made available on an annual basis if your blood lead levels exceeds 40 µg/100g at any time during the preceding year. The initial examination will provide information to establish a baseline to which subsequent data can be compared. An initial medical examination must also be made available (prior to assignment) for each employee being assigned for the first time to an area where the airborne concentration of lead equals or exceeds the action level. In addition, a medical examination or consultation must be made available as soon as possible if you notify your employer that you are experiencing signs or symptoms commonly associated with lead poisoning or that you have difficulty breathing while wearing a respirator or during a respirator fit test. You must also be provided a medical examination or consultation if you notify your employer that you desire medical advice concerning the effects of current or past exposure to lead on your ability to procreate a healthy child.

(F) Finally, appropriate follow-up medical examinations or consultations may also be provided for employees who have been temporarily removed from exposure under the medical removal protection provisions of the standard (see item (ix) below).

(G) The standard specifies the minimum content of preassignment and annual medical examinations. The content of other types of medical examinations and consultations is left up to the sound discretion of the examining physician. Preassignment and annual medical examinations must include (I) a detailed work history and medical history, (II) a thorough physical examination, and (III) a series of laboratory tests designed to check your blood chemistry and your kidney function. In addition, at any time upon your request, a laboratory evaluation of male fertility will be made (microscopic examination of a sperm sample), or a pregnancy test will be given.

(H) The standard does not require that you participate in any of the medical procedures, tests, etc., which your employer is required to make available to you. Medical surveillance can, however, play a very important role in protecting your health. You are strongly encouraged, therefore, to participate in a meaningful fashion. Generally, your employer will choose the physician who conducts medical surveillance under the lead standard - unless you and your employer can agree on the choice of a physician or physicians. Some companies and unions have agreed in advance, for example, to use certain independent medical laboratories or panels of physicians. Any of these arrangements are acceptable so long as required medical surveillance is made available to workers.

(I) The standard requires your employer to provide certain information to a physician to aid in ((his or her))their examination of you. This information includes (I) the standard and its appendices, (II) a description of your duties as they relate to lead exposure, (III) your exposure level, (IV) a description of personal protective equipment you wear, (V) prior blood level results, and (VI) prior written medical opinions concerning you that the employer has. After a medical examination or consultation the physician must prepare a written report which must contain (I) the physician's opinion as to whether you have any medical conditions which places you at increased risk of material impairment to health from exposure to lead, (II) any recommended special protective measures to be provided to you, (III) any blood lead level determinations, and (IV) any recommended limitation on your use of respirators. This last element must include a determination of whether you can wear a powered air purifying respirator (PAPR) if you are found unable to wear a negative pressure respirator.

(J) The medical surveillance program of the lead standard may at some point in time serve to notify certain workers that they have acquired a disease or other adverse medical condition as a result of occupational lead exposure. If this is true these workers might have legal rights to compensation from public agencies, their employers, firms that supply hazardous products to their employers, or other persons. Some states have laws, including worker compensation laws, that disallow a worker to learn of a job-related health impairment to sue, unless the worker sues within a short period of time after learning of the impairment. (This period of time may be a matter of months or years.) An attorney can be consulted about these possibilities. It should be stressed that WISHA is in no way trying to either encourage or discourage claims or lawsuits. However, since results of the standard's medical surveillance program can significantly affect the legal remedies of a worker who has acquired a job-related disease or impairment, it is proper for WISHA to make you aware of this.

(K) The medical surveillance section of the standard also contains provisions dealing with chelation. Chelation is the use of certain drugs (administered in pill form or injected into the body) to reduce the amount of lead absorbed in body tissues. Experience accumulated by the medical and scientific communities has largely confirmed the effectiveness of this type of therapy for the treatment of very severe lead poisoning. On the other hand it has also been established that there can be a long list of extremely harmful side effects associated with the use of chelating agents. The medical community has balanced the advantages and disadvantages resulting from the use of chelating agents in various circumstances and has established when the use of these agents is acceptable. The standard includes these accepted limitations due to a history of abuse of chelation therapy by some lead companies. The most widely used chelating agents are calcium disodium EDTA, (Ca Na2EDTA), Calcium Disodium Versenate (Versenate), and d-penicillamine (penicillamine or Cupramine).

(L) The standard prohibits "prophylactic chelation" of any employee by any person the employer retains, supervises or controls. "Prophylactic chelation" is the routine use of chelating or similarly acting drugs to prevent elevated blood levels in workers who are occupationally exposed to lead, or the use of these drugs to routinely lower blood lead levels to predesignated concentrations believed to be safe. It should be emphasized that where an employer takes a worker who has no symptoms of lead poisoning and has chelation carried out by a physician (either inside or outside of a hospital) solely to reduce the worker's blood lead level, that will generally be considered prophylactic chelation. The use of a hospital and a physician does not mean that prophylactic chelation is not being performed. Routine chelation to prevent increased or reduce current blood lead levels is unacceptable whatever the setting.

(M) The standard allows the use of "therapeutic" or "diagnostic" chelation if administered under the supervision of a licensed physician in a clinical setting with thorough and appropriate medical monitoring. Therapeutic chelation responds to severe lead poisoning where there are marked symptoms. Diagnostic chelation, involves giving a patient a dose of the drug then collecting all urine excreted for some period of time as an aid to the diagnosis of lead poisoning.

(N) In cases where the examining physician determines that chelation is appropriate, you must be notified in writing of this fact before such treatment. This will inform you of a potentially harmful treatment, and allow you to obtain a second opinion.

(ix) Medical removal protection.

(A) Excessive lead absorption subjects you to increased risk of disease. Medical removal protection (MRP) is a means of protecting you when for whatever reasons, other methods, such as engineering controls, work practices, and respirators, have failed to provide the protection you need. MRP involves the temporary removal of a worker from his or her regular job to a place of significantly lower exposure without any loss of earnings, seniority, or other employment rights of benefits. The purpose of this program is to cease further lead absorption and allow your body to naturally excrete lead which has previously been absorbed. Temporary medical removal can result from an elevated blood lead level, or a medical opinion. Up to eighteen months of protection is provided as a result of either form of removal. The vast majority of removed workers, however, will return to their former jobs long before this eighteen month period expires. The standard contains special provisions to deal with the extraordinary but possible case where a long-term worker's blood lead level does not adequately decline during eighteen months of removal.

(B) During the first year of the standard, if your blood lead level is 80 µg/100g or above you must be removed from any exposure where your air lead level without a respirator would be 100 µg/m3 or above. If you are removed from your normal job you may not be returned until your blood lead level declines to at least 60 µg/100g. These criteria for removal and return will change according to the following schedule:

TABLE 1

Effective Date	Removal Blood Level (µg/100g)	Air Lead (µg/m3)	Return Blood Lead (µg/100g)
9/6/81	At or above 70	50 or above	At or below 50
9/6/82	At or above 60	30 or above	At or below 40
9/6/84	At or above 50 averaged over six months	30 or above	At or below 40

(C) You may also be removed from exposure even if your blood lead levels are below these criteria if a final medical determination indicates that you temporarily need reduced lead exposure for medical reasons. If the physician who is implementing your employer's medical program makes a final written opinion recommending your removal or other special protective measures, your employer must implement the physician's recommendation. If you are removed in this manner, you may only be returned when the physician indicates it is safe for you to do so.

(D) The standard does not give specific instructions dealing with what an employer must do with a removed worker. Your job assignment upon removal is a matter for you, your employer and your union (if any) to work out consistent with existing procedures for job assignments. Each removal must be accomplished in a manner consistent with existing collective bargaining relationships. Your employer is given broad discretion to implement temporary removals so long as no attempt is made to override existing agreements. Similarly, a removed worker is provided no right to veto an employer's choice which satisfies the standard.

(E) In most cases, employers will likely transfer removed employees to other jobs with sufficiently low lead exposure. Alternatively, a worker's hours may be reduced so that the time weighted average exposure is reduced, or he or she may be temporarily laid off if no other alternative is feasible.

(F) In all of these situations, MRP benefits must be provided during the period of removal - i.e., you continue to receive the same earnings, seniority, and other rights and benefits you would have had if you had not been removed. Earnings include more that just your base wage; it includes overtime, shift differentials, incentives, and other compensation you would have earned if you had not been removed. During the period of removal you must also be provided with appropriate follow-up medical surveillance. If you were removed because your blood lead level was too high, you must be provided with a monthly blood test. If a medical opinion caused your removal, you must be provided medical tests or examinations that the physician believes to be appropriate. If you do not participate in this follow-up medical surveillance, you may lose your eligibility for MRP benefits.

(G) When you are medically eligible to return to your former job, your employer must return you to your "former job status." This means that you are entitled to the position, wages, benefits, etc., you would have had if you had not been removed. If you would still be in your old job if no removal had occurred, that is where you go back. If not, you are returned consistent with whatever job assignment discretion your employer would have had if no removal had occurred. MRP only seeks to maintain your rights, not expand them or diminish them.

(H) If you are removed under MRP and you are also eligible for worker compensation or other compensation for lost wages, your employer's MRP benefits obligation is reduced by the amount that you actually receive from these other sources. This is also true if you obtain other employment during the time you are laid off with MRP benefits.

(I) The standard also covers situations where an employer voluntarily removes a worker from exposure to lead due to the effects of lead on the employee's medical condition, even though the standard does not require removal. In these situations MRP benefits must still be provided as though the standard required removal. Finally, it is important to note that in all cases where removal is required, respirators cannot be used as a substitute. Respirators may be used before removal becomes necessary, but not as an alternative to a transfer to a low exposure job, or to a lay-off with MRP benefits.

(x) Employee information and training.

(A) Your employer is required to provide an information and training program for all employees exposed to lead above the action level or who may suffer skin or eye irritation from lead. This program must inform these employees of the specific hazards associated with their work environment, protective measures which can be taken, the danger of lead to their bodies (including their reproductive systems), and their rights under the standard. In addition, your employer must make readily available to all employees, including those exposed below the action level, a copy of the standard and its appendices and must distribute to all employees any materials provided to the employer under the Washington Industrial Safety and Health Act (WISHA).

(B) Your employer is required to complete this training for all employees by March 4, 1981. After this date, all new employees must be trained prior to initial assignment to areas where there is possibility of exposure over the action level. This training program must also be provided at least annually thereafter.

(xi) Signs. The standard requires that the following warning sign be posted in work areas where the exposure to lead exceeds the PEL:

DANGER LEAD

MAY DAMAGE FERTILITY OR THE UNBORN CHILD

CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM

DO NOT EAT, DRINK OR SMOKE IN THIS AREA

((However, prior to June 1, 2016, employers may use the following legend in lieu of that specified above:

WARNING

LEAD WORK AREA

NO SMOKING OR EATING))

(xii) Recordkeeping.

(A) Your employer is required to keep all records of exposure monitoring for airborne lead. These records must include the name and job classification of employees measured, details of the sampling and analytic techniques, the results of this sampling and the type of respiratory protection being worn by the person sampled. Your employer is also required to keep all records of biological monitoring and medical examination results. These must include the names of the employees, the physician's written opinion and a copy of the results of the examination. All of the above kinds of records must be kept for forty years, or for at least twenty years after your termination of employment, whichever is longer.

(B) Recordkeeping is also required if you are temporarily removed from your job under the MRP program. This record must include your name and Social Security number, the date of your removal and return, how the removal was or is being accomplished, and whether or not the reason for the removal was an elevated blood lead level. Your employer is required to keep each medical removal record only for as long as the duration of an employee's employment.

(C) The standard requires that if you request to see or copy environmental monitoring, blood lead level monitoring, or medical removal records, they must be made available to you or to a representative that you authorize. Your union also has access to these records. Medical records other than PbBs must also be provided to you upon request, to your physician or to any other person whom you may specifically designate. Your union does not have access to your personal medical records unless you authorize their access.

(xiii) Observations of monitoring. When air monitoring for lead is performed at your work place as required by this standard, your employer must allow you or someone you designate to act as an observer of the monitoring. Observers are entitled to an explanation of the measurement procedure, and to record the results obtained. Since results will not normally be available at the time of the monitoring, observers are entitled to record or receive the results of the monitoring when returned by the laboratory. Your employer is required to provide the observer with any personal protective devices required to be worn by employees working in the areas that is being monitored. The employer must require the observer to wear all such equipment and to comply with all other applicable safety and health procedures.

(xiv) Effective date. The standard's effective date is September 6, 1980, and the employer's obligation under the standard begin to come into effect as of that date. The standard was originally adopted as WAC 296-62-07349 and later recodified to WAC 296-62-07521.

(i) Introduction.

(A) The primary purpose of the Washington Industrial Safety and Health Act of 1973 is to ((assure))ensure, so far as possible, safe and healthful working conditions for every working man and woman. The occupational health standard for inorganic lead* was promulgated to protect workers exposed to inorganic lead including metallic lead, all inorganic lead compounds and organic lead soaps.

*The term inorganic lead used throughout the medical surveillance appendices is meant to be synonymous with the definition of lead set forth in the standard.

(B) Under this final standard in effect as of September 6, 1980, occupational exposure to inorganic lead is to be limited to 50 µg/m3 (micrograms per cubic meter) based on an eight-hour time-weighted average (TWA). This level of exposure eventually must be achieved through a combination of engineering, work practice and other administrative controls. Periods of time ranging from one to ten years are provided for different industries to implement these controls which are based on individual industry considerations. Until these controls are in place, respirators must be used to meet the 50 µg/m3 exposure limit.

(C) The standard also provides for a program of biological monitoring and medical surveillance for all employees exposed to levels of inorganic lead above the action level of 30 µg/m3 for more than thirty days per year.

(D) The purpose of this document is to outline the medical surveillance provisions of the standard for inorganic lead, and to provide further information to the physician regarding the examination and evaluation of workers exposed to inorganic lead.

(E) Item (ii) provides a detailed description of the monitoring procedure including the required frequency of blood testing for exposed workers, provisions for medical removal protection (MRP), the recommended right of the employee to a second medical opinion, and notification and recordkeeping requirements of the employer. A discussion of the requirements for respirator use and respirator monitoring and WISHA's position on prophylactic chelation therapy are also included in this section.

(F) Item (iii) discusses the toxic effects and clinical manifestations of lead poisoning and effects of lead intoxication on enzymatic pathways in heme synthesis. The adverse effects on both male and female reproductive capacity and on the fetus are also discussed.

(G) Item (iv) outlines the recommended medical evaluation of the worker exposed to inorganic lead including details of the medical history, physical examination, and recommended laboratory tests, which are based on the toxic effects of lead as discussed in item (ii).

(H) Item (v) provides detailed information concerning the laboratory tests available for the monitoring of exposed workers. Included also is a discussion of the relative value of each test and the limitations and precautions which are necessary in the interpretation of the laboratory results.

(I) Airborne levels to be achieved without reliance or respirator protection through a combination of engineering and work practice or other administrative controls are illustrated in the following table:

Industry	Permissible Lead Level/Compliance Date
	200µg/m3	100µg/m3	50µg/m3
Primary Lead Production	1973	06/29/84	06/29/91
Secondary Lead Production	1973	06/29/84	06/29/91
Lead Acid Battery Manufacturing	1973	06/29/83	06/29/91
Automobile Mfg./Solder, Grinding	1973	N/A	03/08/97
Electronics, Gray Iron Foundries, Ink Mfg., Paints and Coatings Mfg., Can Mfg., Wallpaper Mfg., and Printing.	1973	N/A	06/29/91
Lead Chemical Mfg., Nonferrous Foundries, Leaded Steel Mfg., Battery Breaking in the Collection and Processing of Scrap (when not a part of secondary lead smelter) Secondary Copper Smelter, Brass and Bronze Ingot Production.	1973	N/A	N/A1*
All Other Industries	1973	N/A	09/08/92

*	Feasibility of achieving the PEL by engineering and work practice controls for these industries has yet to be resolved in court, therefore no date has been scheduled.

(ii) Medical surveillance and monitoring requirements for workers exposed to inorganic lead.

(A) Under the occupational health standard for inorganic lead, a program of biological monitoring and medical surveillance is to be made available to all employees exposed to lead above the action level of 30 µg/m3 TWA for more than thirty days each year. This program consists of periodic blood sampling and medical evaluation to be performed on a schedule which is defined by previous laboratory results, worker complaints or concerns, and the clinical assessment of the examining physician.

(B) Under this program, the blood lead level of all employees who are exposed to lead above the action level of 30 µg/m3 is to be determined at least every six months. The frequency is increased to every two months for employees whose last blood lead level was between 40 µg/100g whole blood and the level requiring employee medical removal to be discussed below. For employees who are removed from exposure to lead due to an elevated blood lead, a new blood lead level must be measured monthly. Zinc protoporphyrin (ZPP) measurement is required on each occasion that a blood lead level measurement is made.

(C) An annual medical examination and consultation performed under the guidelines discussed in item (iv) is to be made available to each employee for whom a blood test conducted at any time during the preceding twelve months indicated a blood lead level at or above 40 µg/100g. Also, an examination is to be given to all employees prior to their assignment to an area in which airborne lead concentrations reach or exceed the action level. In addition, a medical examination must be provided as soon as possible after notification by an employee that the employee has developed signs or symptoms commonly associated with lead intoxication, that the employee desires medical advice regarding lead exposure and the ability to procreate a healthy child, or that the employee has demonstrated difficulty in breathing during a respirator fitting test or during respirator use. An examination is also to be made available to each employee removed from exposure to lead due to a risk of sustaining material impairment to health, or otherwise limited or specially protected pursuant to medical recommendations.

(D) Results of biological monitoring or the recommendations of an examining physician may necessitate removal of an employee from further lead exposure pursuant to the standard's medical removal program (MRP). The object of the MRP program is to provide temporary medical removals to workers either with substantially elevated blood lead levels or otherwise at risk of sustaining material health impairment from continued substantial exposure to lead. The following guidelines which are summarized in Table 10 were created under the standard for the temporary removal of an exposed employee and ((his or her))their subsequent return to work in an exposure area.

TABLE 10

EFFECTIVE DATE
			Sept. 6, 1980	Sept. 6, 1981	Sept. 6, 1982	Sept. 6, 1983	Sept. 6, 1984
A.	Blood lead level requiring employee medical removal (level must be confirmed with second follow-up blood lead level within two weeks of first report).		˃80 µg/100g.	˃70 µg/100g.	˃60 µg/100g.	˃60 µg/100g.	˃60 µg/100g or average of last three blood samples or all blood samples over previous 6 months (whichever is over a longer time period) is 50 µg/100g. or greater unless last sample is 40 µg/100g or less.
B.	Frequency which employees exposed is action level of lead (30 µg/m8 TWA) must have blood lead level checked. (ZPP is also required in each occasion that a blood test is obtained):
	1.	Last blood lead level less than 40 µg/100g . . . .	Every 6 months.	Every 6 months.	Every 6 months.	Every 6 months.	Every 6 months.
	2.	Last blood lead level between 40 µg/100g and level requiring medical removal (see A above) . . . .	Every 2 months.	Every 2 months.	Every 2 months.	Every 2 months.	Every 2 months.
	3.	Employees removed from exposure to lead because of an elevated blood lead level . . . .	Every 1 month.	Every 1 month.	Every 1 month.	Every 1 month.	Every 1 month.
C.	Permissible airborne exposure limit for workers removed from work due to an elevated blood lead level (without regard to respirator protection).		100 µg/m3 8 hr TWA	50 µg/m3 8 hr TWA	30 µg/m3 8 hr TWA	30 µg/m3 8 hr TWA	30 µg/m3 8 hr TWA
D.	Blood lead level confirmed with a second blood analysis, at which employee may return to work. Permissible exposure without regard to respirator protection is listed by industry in Table 1.		60 µg/100g	50 µg/100g	40 µg/100g	40 µg/100g	40 µg/100g

Note:

Where medical opinion indicates that an employee is at risk of material impairment from exposure to lead, the physician can remove an employee from exposure exceeding the action level (or less) or recommend special protective measures as deemed appropriate and necessary. Medical monitoring during the medical removal period can be more stringent than noted in the table above if the physician so specifies. Return to work or removal of limitations and special protections is permitted when the physician indicates that the worker is no longer at risk of material impairment.

(E) Under the standard's ultimate worker removal criteria, a worker is to be removed from any work having any eight-hour TWA exposure to lead of 30 µg/m3 or more whenever either of the following circumstances apply. (I) a blood lead level of 60 µg/100g or greater is obtained and confirmed by a second follow-up blood lead level performed within two weeks after the employer receives the results of the first blood sample test, or (II) the average of the previous three blood lead determinations or the average of all blood lead determinations conducted during the previous six months, whichever encompasses the longest time period, equals or exceeds 50 µg/100g, unless the last blood sample indicates a blood lead level at or below 40 µg/100g, in which case the employee need not be removed. Medical removal is to continue until two consecutive blood lead levels are 40 µg/100g or less.

(F) During the first two years that the ultimate removal criteria are being phased in, the return criteria have been set to ((assure))ensure that a worker's blood lead level has substantially declined during the period of removal. From March 1, 1979, to March 1, 1980, the blood lead level requiring employee medical removal is 80 µg/100g. Workers found to have a confirmed blood lead at this level or greater need only be removed from work having a daily eight hour TWA exposure to lead at or above 100 µg/m3. Workers so removed are to be returned to work when their blood lead levels are at or below 60 µg/100g of whole blood. From March 1, 1980, to March 1, 1981, the blood lead level requiring medical removal is 70 µg/100g. During this period workers need only be removed from jobs having a daily eight hour TWA exposure to lead at or above 50 µg/m3 and are to be returned to work when a level of 50 µg/100g is achieved. Beginning March 1, 1981, return depends on the worker's blood lead level declining to 40 µg/100g of whole blood.

(G) As part of the standard, the employer is required to notify in writing each employee whose whole blood lead level exceeds 40 µg/100g. In addition, each such employee is to be informed that the standard requires medical removal with MRP benefits, discussed below, when an employee's blood lead level exceeds the above defined limits.

(H) In addition to the above blood lead level criteria, temporary worker removal may also take place as a result of medical determinations and recommendations. Written medical opinions must be prepared after each examination pursuant to the standard. If the examining physician includes medical finding, determination or opinion that the employee has a medical condition which places the employee at increased risk of material health impairment from exposure to lead, then the employee must be removed from exposure to lead at or above the action level. Alternatively, if the examining physician recommends special protective measures for an employee (e.g., use of a powered air purifying respirator) or recommends limitations on an employee's exposure to lead, then the employer must implement these recommendations. Recommendations may be more stringent than the specific provisions of the standard. The examining physician, therefore, is given broad flexibility to tailor special protective procedures to the needs of individual employees. This flexibility extends to the evaluation and management of pregnant workers and male and female workers who are planning to conceive children. Based on the history, physical examination, and laboratory studies, the physician might recommend special protective measures or medical removal for an employee who is pregnant or who is planning to conceive a child when, in the physician's judgment, continued exposure to lead at the current job would pose a significant risk. The return of the employee to his or her former job status, or the removal of special protections or limitations, depends upon the examining physician determining that the employee is no longer at increased risk of material impairment or that the special measures are no longer needed.

(I) During the period of any form of special protection or removal, the employer must maintain the worker's earnings, seniority, and other employment rights and benefits (as though the worker has not been removed) for a period of up to eighteen months. This economic protection will maximize meaningful worker participation in the medical surveillance program, and is appropriate as part of the employer's overall obligation to provide a safe and healthful work place. The provisions of MRP benefits during the employee's removal period may, however, be conditioned upon participation in medical surveillance.

(J) On rare occasions, an employee's blood lead level may not acceptably decline within eighteen months of removal. This situation will arise only in unusual circumstances, thus the standard relies on an individual medical examination to determine how to protect such an employee. This medical determination is to be based on both laboratory values, including lead levels, zinc protoporphyrin levels, blood counts, and other tests felt to be warranted, as well as the physician's judgment that any symptoms or findings on physical examination are a result of lead toxicity. The medical determination may be that the employee is incapable of ever safely returning to ((his or her))their former job status. The medical determination may provide additional removal time past eighteen months for some employees or specify special protective measures to be implemented.

(K) The lead standard provides for a multiple physician review in cases where the employee wishes a second opinion concerning potential lead poisoning or toxicity. If an employee wishes a second opinion, ((he or she))they can make an appointment with a physician of ((his or her))their choice. This second physician will review the findings, recommendations or determinations of the first physician and conduct any examinations, consultations or tests deemed necessary in an attempt to make a final medical determination. If the first and second physicians do not agree in their assessment they must try to resolve their differences. If they cannot reach an agreement then they must designate a third physician to resolve the dispute.

(L) The employer must provide examining and consulting physicians with the following specific information: A copy of the lead regulations and all appendices, a description of the employee's duties as related to exposure, the exposure level to lead and any other toxic substances (if applicable), a description of personal protective equipment used, blood lead levels, and all prior written medical opinions regarding the employee in the employer's possession or control. The employer must also obtain from the physician and provide the employee with a written medical opinion containing blood lead levels, the physician's opinion as to whether the employee is at risk of material impairment to health, any recommended protective measures for the employee if further exposure is permitted, as well as any recommended limitations upon an employee's use of respirators.

(M) Employers must instruct each physician not to reveal to the employer in writing or in any other way ((his or her))their findings, laboratory results, or diagnoses which are felt to be unrelated to occupational lead exposure. They must also instruct each physician to advise the employee of any occupationally or nonoccupationally related medical condition requiring further treatment or evaluation.

(N) The standard provides for the use of respirators when engineering and other primary controls have not been fully implemented. However, the use of respirator protection ((shall))must not be used in lieu of temporary medical removal due to elevated blood lead levels or findings that an employee is at risk of material health impairment. This is based on the numerous inadequacies of respirators including skin rash where the facepiece makes contact with the skin, unacceptable stress to breathing in some workers with underlying cardiopulmonary impairment, difficulty in providing adequate fit, the tendency for respirators to create additional hazards by interfering with vision, hearing, and mobility, and the difficulties of ((assuring))ensuring the maximum effectiveness of a complicated work practice program involving respirators. Respirators do, however, serve a useful function where engineering and work practice are inadequate by providing interim or short-term protection, provided they are properly selected for the environment in which the employee will be working, properly fitted to the employee, maintained and cleaned periodically, and worn by the employee when required.

(O) In its final standard on occupational exposure to inorganic lead, WISHA has prohibited prophylactic chelation. Diagnostic and therapeutic chelation are permitted only under the supervision of a licensed physician with appropriate medical monitoring in an acceptable clinical setting. The decision to initiate chelation therapy must be made on an individual basis and take into account the severity of symptoms felt to be a result of lead toxicity along with blood lead levels, ZPP levels and other laboratory tests as appropriate. EDTA and penicillamine, which are the primary chelating agents used in the therapy of occupational lead poisoning, have significant potential side effects and their use must be justified on the basis of expected benefits to the worker.

(P) Unless frank and severe symptoms are present, therapeutic chelation is not recommended given the opportunity to remove a worker from exposure and allow the body to naturally excrete accumulated lead. As a diagnostic aid, the chelation mobilization test using CA-EDTA has limited applicability. According to some investigators, the tests can differentiate between lead-induced and other nephropathies. The test may also provide an estimation of the mobile fraction of the total body lead burden.

(Q) Employers are required to ((assure))ensure that accurate records are maintained on exposure monitoring, medical surveillance, and medical removal for each employee. Exposure monitoring and medical surveillance records must be kept for forty years or the duration of employment plus twenty years, whichever is longer, while medical removal records must be maintained for the duration of employment. All records required under the standard must be made available upon request to representatives of the director of the department of labor and industries. Employers must also make environmental and biological monitoring and medical removal records available to affected employees and to former employees or their authorized employee representatives. Employees or their specifically designated representatives have access to their entire medical surveillance records.

(R) In addition, the standard requires that the employer inform all workers exposed to lead at or above the action level of the provisions of the standard and all its appendices, the purpose and description of medical surveillance and provisions for medical removal protection if temporary removal is required. An understanding of the potential health effects of lead exposure by all exposed employees along with full understanding of their rights under the lead standard is essential for an effective monitoring program.

(iii) Adverse health effects of inorganic lead.

(A) Although the toxicity of lead has been known for 2,000 years, the knowledge of the complex relationship between lead exposure and human response is still being refined. Significant research into the toxic properties of lead continues throughout the world, and it should be anticipated that our understanding of thresholds of effects and margins of safety will be improved in future years. The provisions of the lead standard are founded on two prime medical judgments; first, the prevention of adverse health effects from exposure to lead throughout a working lifetime requires that worker blood lead levels be maintained at or below 40 µg/100g, and second, the blood lead levels of workers, male or female, who intend to parent in the near future should be maintained below 30 µg/100g to minimize adverse reproduction health effects to the parent and developing fetus. The adverse effects of lead on reproduction are being actively researched and WISHA encourages the physician to remain abreast of recent developments in the area to best advise pregnant workers or workers planning to conceive children.

(B) The spectrum of health effects caused by lead exposure can be subdivided into five developmental states; normal, physiological changes of uncertain significance, pathophysiological changes, overt symptoms (morbidity), and mortality. Within this process there are no sharp distinctions, but rather a continuum of effects. Boundaries between categories overlap due to the wide variation of individual responses and exposures in the working population. WISHA's development of the lead standard focused on pathophysiological changes as well as later stages of disease.

(I) Heme synthesis inhibition.

a) The earliest demonstrated effect of lead involves its ability to inhibit at least two enzymes of the heme synthesis pathway at very low blood levels. Inhibition of delta aminolevulinic acid dehydrase (ALA-D) which catalyzes the conversion of delta-aminolevulinic acid (ALA) to protoporphyrin is observed at a blood lead level below 20µg/100g whole blood. At a blood lead level of 40 µg/100g, more than twenty percent of the population would have seventy percent inhibition of ALA-D. There is an exponential increase in ALA excretion at blood lead levels greater than 40 µg/100g.

b) Another enzyme, ferrochelatase, is also inhibited at low blood lead levels. Inhibition of ferrochelatase leads to increased free erythrocyte protoporphyrin (FEP) in the blood which can then bind to zinc to yield zinc protoporphyrin. At a blood lead level of 50 µg/100g or greater, nearly one hundred percent of the population will have an increase FEP. There is also an exponential relationship between blood lead levels greater than 40 µg/100g and the associated ZPP level, which has led to the development of the ZPP screening test for lead exposure.

c) While the significance of these effects is subject to debate, it is WISHA's position that these enzyme disturbances are early stages of a disease process which may eventually result in the clinical symptoms of lead poisoning. Whether or not the effects do progress to the later stages of clinical disease, disruption of these enzyme processes over a working lifetime is considered to be a material impairment of health.

d) One of the eventual results of lead-induced inhibition of enzymes in the heme synthesis pathway is anemia which can be asymptomatic if mild but associated with a wide array of symptoms including dizziness, fatigue, and tachycardia when more severe. Studies have indicated that lead levels as low as 50 µg/100g can be associated with a definite decreased hemoglobin, although most cases of lead-induced anemia, as well as shortened red-cell survival times, occur at lead levels exceeding 80 µg/100g. Inhibited hemoglobin synthesis is more common in chronic cases whereas shortened erythrocyte life span is more common in acute cases.

e) In lead-induced anemias, there is usually a reticulocytosis along with the presence of basophilic stippling, and ringed sideroblasts, although none of the above are pathognomonic for lead-induced anemia.

(II) Neurological effects.

a) Inorganic lead had been found to have toxic effects on both the central and peripheral nervous systems. The earliest stage of lead-induced central nervous system effects first manifest themselves in the form of behavioral disturbances and central nervous system symptoms including irritability, restlessness, insomnia and other sleep disturbances, fatigue, vertigo, headache, poor memory, tremor, depression, and apathy. With more severe exposure, symptoms can progress to drowsiness, stupor, hallucinations, delirium, convulsions and coma.

b) The most severe and acute form of lead poisoning which usually follows ingestion or inhalation of large amounts of lead is acute encephalopathy which may arise precipitously with the onset of intractable seizures, coma, cardiorespiratory arrest, and death within 48 hours.

c) While there is disagreement about what exposure levels are needed to produce the earliest symptoms, most experts agree that symptoms definitely can occur at blood lead levels of 60 µg/100g whole blood and therefore recommend a 40 µg/100g maximum. The central nervous system effects frequently are not reversible following discontinued exposure or chelation therapy and when improvement does occur, it is almost always only partial.

d) The peripheral neuropathy resulting from lead exposure characteristically involves only motor function with minimal sensory damage and has a marked predilection for the extensor muscles of the most active extremity. The peripheral neuropathy can occur with varying degrees of severity. The earliest and mildest form which can be detected in workers with blood lead levels as low as 50 µg/100g is manifested by slowing or motor nerve conduction velocity often without clinical symptoms. With progression of the neuropathy there is development of painless extensor muscle weakness usually involving the extensor muscles of the fingers and hand in the most active upper extremity, followed in severe cases by wrist drop, much less commonly, foot drop.

e) In addition to slowing of nerve conduction, electromyographical studies in patients with blood lead levels greater than 50 µg/100g have demonstrated a decrease in the number of acting motor unit potentials, an increase in the duration of motor unit potentials, and spontaneous pathological activity including fibrillations and fasciculation. Whether these effects occur at levels of 40 µg/100g is undetermined.

f) While the peripheral neuropathies can occasionally be reversed with therapy, again such recovery is not ((assured))ensured particularly in the more severe neuropathies and often improvement is only partial. The lack of reversibility is felt to be due in part to segmental demyelination.

(III) Gastrointestinal. Lead may also effect the gastrointestinal system producing abdominal colic or diffuse abdominal pain, constipation, obstipation, diarrhea, anorexia, nausea and vomiting. Lead colic rarely develops at blood lead levels below 80 µg/100g.

(IV) Renal.

a) Renal toxicity represents one of the most serious health effects of lead poisoning. In the early stages of disease nuclear inclusion bodies can frequently be identified in proximal renal tubular cells. Renal functions remain normal and the changes in this stage are probably reversible. With more advanced disease there is progressive interstitial fibrosis and impaired renal function. Eventually extensive interstitial fibrosis ensues with sclerotic glomeruli and dilated and atrophied proximal tubules; all represent end stage kidney disease. Azotemia can be progressive, eventually resulting in frank uremia necessitating dialysis. There is occasionally associated hypertension and hyperuricemia with or without gout.

b) Early kidney disease is difficult to detect. The urinalysis is normal in early lead nephropathy and the blood urea nitrogen and serum creatinine increase only when two-thirds of kidney function is lost. Measurement of creatinine clearance can often detect earlier disease as can other methods of measurement of glomerular filtration rate. An abnormal Ca-EDTA mobilization test has been used to differentiate between lead-induced and other nephropathies, but this procedure is not widely accepted. A form of Fanconi syndrome with aminoaciduria, glycosuria, and hyperphosphaturia indicating severe injury to the proximal renal tubules is occasionally seen in children.

(V) Reproductive effects.

a) Exposure to lead can have serious effects on reproductive function in both males and females. In male workers exposed to lead there can be a decrease in sexual drive, impotence, decreased ability to produce healthy sperm, and sterility. Malformed sperm (teratospermia), decreased number of sperm (hypospermia), and sperm with decreased motility (asthenospermia) can occur. Teratospermia has been noted at mean blood lead levels of 53 µg/100g and hypospermia and asthenospermia at 41 µg/100g. Furthermore, there appears to be a dose-response relationship for teratospermia in lead exposed workers.

b) Women exposed to lead may experience menstrual disturbances including dysmenorrhea, menorrhagia and amenorrhea. Following exposure to lead, women have a higher frequency of sterility, premature births, spontaneous miscarriages, and stillbirths.

c) Germ cells can be affected by lead and cause genetic damage in the egg or sperm cells before conception and result in failure to implant, miscarriage, stillbirth, or birth defects.

d) Infants of mothers with lead poisoning have a higher mortality during the first year and suffer from lowered birth weights, slower growth, and nervous system disorders.

e) Lead can pass through the placental barrier and lead levels in the mother's blood are comparable to concentrations of lead in the umbilical cord at birth. Transplacental passage becomes detectable at twelve-fourteen weeks of gestation and increases until birth.

f) There is little direct data on damage to the fetus from exposure to lead but it is generally assumed that the fetus and newborn would be at least as susceptible to neurological damage as young children. Blood lead levels of 50-60 µg/100g in children can cause significant neurobehavioral impairments, and there is evidence of hyperactivity at blood levels as low as 25 µg/100g. Given the overall body of literature concerning the adverse health effects of lead in children, WISHA feels that the blood lead level in children should be maintained below 30 µg/100g with a population mean of 15 µg/100g. Blood lead levels in the fetus and newborn likewise should not exceed 30 µg/100g.

g) Because of lead's ability to pass through the placental barrier and also because of the demonstrated adverse effects of lead on reproductive function in both males and females as well as the risk of genetic damage of lead on both the ovum and sperm, WISHA recommends a 30 µg/100g maximum permissible blood lead level in both males and females who wish to bear children.

(VI) Other toxic effects.

a) Debate and research continue on the effects of lead on the human body. Hypertension has frequently been noted in occupationally exposed individuals although it is difficult to assess whether this is due to lead's adverse effects on the kidneys or if some other mechanism is involved.

b) Vascular and electrocardiographic changes have been detected but have not been well characterized. Lead is thought to impair thyroid function and interfere with the pituitary-adrenal axis, but again these effects have not been well defined.

(iv) Medical evaluation.

(A) The most important principle in evaluating a worker for any occupational disease including lead poisoning is a high index of suspicion on the part of the examining physician. As discussed in Section (ii), lead can affect numerous organ systems and produce a wide array of signs and symptoms, most of which are nonspecific and subtle in nature at least in the early stages of disease. Unless serious concern for lead toxicity is present, many of the early clues to diagnosis may easily be overlooked.

(B) The crucial initial step in the medical evaluation is recognizing that a worker's employment can result in exposure to lead. The worker will frequently be able to define exposures to lead and lead-containing materials but often will not volunteer this information unless specifically asked. In other situations the worker may not know of any exposures to lead but the suspicion might be raised on the part of the physician because of the industry or occupation of the worker. Potential occupational exposure to lead and its compounds occur in at least one twenty occupations, including lead smelting, the manufacture of lead storage batteries, the manufacture of lead pigments and products containing pigments, solder manufacture, shipbuilding and ship repair, auto manufacturing, construction, and painting.

(C) Once the possibility for lead exposure is raised, the focus can then be directed toward eliciting information from the medical history, physical exam, and finally from laboratory data to evaluate the worker for potential lead toxicity.

(D) A complete and detailed work history is important in the initial evaluation. A listing of all previous employment with information on work processes, exposure to fumes or dust, known exposures to lead or other toxic substances, respiratory protection used, and previous medical surveillance should all be included in the worker's record. Where exposure to lead is suspected, information concerning on-the-job personal hygiene, smoking or eating habits in work areas, laundry procedures, and use of any protective clothing or respiratory protection equipment should be noted. A complete work history is essential in the medical evaluation of a worker with suspected lead toxicity, especially when long-term effects such as neurotoxicity and nephrotoxicity are considered.

(E) The medical history is also of fundamental importance and should include a listing of all past and current medical conditions, current medications including proprietary drug intake, previous surgeries and hospitalizations, allergies, smoking history, alcohol consumption, and also nonoccupational lead exposures such as hobbies (hunting, riflery). Also known childhood exposures should be elicited. Any previous history of hematological, neurological, gastrointestinal, renal, psychological, gynecological, genetic, or reproductive problems should be specifically noted.

(F) A careful and complete review of systems must be performed to assess both recognized complaints and subtle or slowly acquired symptoms which the worker might not appreciate as being significant. The review of symptoms should include the following:

General	-	Weight loss, fatigue, decreased appetite.
Head, Eyes, Ears, Nose, Throat (HEENT)	-	Headaches, visual disturbance or decreased visual acuity, hearing deficits or tinnitus, pigmentation of the oral mucosa, or metallic taste in mouth.
Cardiopulmonary	-	Shortness of breath, cough, chest pains, palpitations, or orthopnea.
Gastrointestinal	-	Nausea, vomiting, heartburn, abdominal pain, constipation or diarrhea.
Neurologic	-	Irritability, insomnia, weakness (fatigue), dizziness, loss of memory, confusion, hallucinations, incoordination, ataxia, decreased strength in hands or feet, disturbance in gait, difficulty in climbing stairs, or seizures.
Hematologic	-	Pallor, easy fatigability, abnormal blood loss, melena.
Reproductive (male or female and spouse where relevant)	-	History of infertility, impotence, loss of libido, abnormal menstrual periods, history of miscarriages, stillbirths, or children with birth defects.
Musculoskeletal	-	Muscle and joint pains.

(G) The physical examination should emphasize the neurological, gastrointestinal, and cardiovascular systems. The worker's weight and blood pressure should be recorded and the oral mucosa checked for pigmentation characteristic of a possible Burtonian or lead line on the gingiva. It should be noted, however, that the lead line may not be present even in severe lead poisoning if good oral hygiene is practiced.

(H) The presence of pallor on skin examination may indicate an anemia, which if severe might also be associated with a tachycardia. If an anemia is suspected, an active search for blood loss should be undertaken including potential blood loss through the gastrointestinal tract.

(I) A complete neurological examination should include an adequate mental status evaluation including a search for behavioral and psychological disturbances, memory testing, evaluation for irritability, insomnia, hallucinations, and mental clouding. Gait and coordination should be examined along with close observation for tremor. A detailed evaluation of peripheral nerve function including careful sensory and motor function testing is warranted. Strength testing particularly of extensor muscle groups of all extremities is of fundamental importance.

(J) Cranial nerve evaluation should also be included in the routine examination.

(K) The abdominal examination should include auscultation for bowel sounds and abnormal bruits and palpation for organomegaly, masses, and diffuse abdominal tenderness.

(L) Cardiovascular examination should evaluate possible early signs of congestive heart failure. Pulmonary status should be addressed particularly if respirator protection is contemplated.

(M) As part of the medical evaluation, the lead standard requires the following laboratory studies.

(I) Blood lead level.

(II) Hemoglobin and hematocrit determinations, red cell indices, and examination of the peripheral blood smear to evaluate red blood cell morphology.

(III) Blood urea nitrogen.

(IV) Serum creatinine.

(V) Routine urinalysis with microscopic examination.

(VI) A zinc protoporphyrin level.

(N) In addition to the above, the physician is authorized to order any further laboratory or other tests which ((he or she deems))they deem necessary in accordance with sound medical practice. The evaluation must also include pregnancy testing or laboratory evaluation of male fertility if requested by the employee.

(O) Additional tests which are probably not warranted on a routine basis but may be appropriate when blood lead and ZPP levels are equivocal include delta aminolevulinic acid and coproporphyrin concentrations in the urine, and dark-field illumination for detection of basophilic stippling in red blood cells.

(P) If an anemia is detected further studies including a careful examination of the peripheral smear, reticulocyte count, stool for occult blood, serum iron, total iron binding capacity, bilirubin, and, if appropriate vitamin B12 and folate may be of value in attempting to identify the cause of the anemia.

(Q) If a peripheral neuropathy is suspected, nerve conduction studies are warranted both for diagnosis and as a basis to monitor any therapy.

(R) If renal disease is questioned, a twenty-four-hour urine collection for creatinine clearance, protein, and electrolytes may be indicated. Elevated uric acid levels may result from lead-induced renal disease and a serum uric acid level might be performed.

(S) An electrocardiogram and chest X-ray may be obtained as deemed appropriate.

(T) Sophisticated and highly specialized testing should not be done routinely and where indicated should be under the direction of a specialist.

(v) Laboratory evaluation.

(A) The blood level at present remains the single most important test to monitor lead exposure and is the test used in the medical surveillance program under the lead standard to guide employee medical removal. The ZPP has several advantages over the blood lead level. Because of its relatively recent development and the lack of extensive data concerning its interpretation, the ZPP currently remains an ancillary test.

(B) This section will discuss the blood lead level and ZPP in detail and will outline their relative advantages and disadvantages. Other blood tests currently available to evaluate lead exposure will also be reviewed.

(C) The blood lead level is a good index of current or recent lead absorption when there is no anemia present and when the worker has not taken any chelating agents. However, blood lead levels along with urinary lead levels do not necessarily indicate the total body burden of lead and are not adequate measures of past exposure. One reason for this is that lead has a high affinity for bone and up to ninety percent of the body's total lead is deposited there. A very important component of the total lead body burden is lead in soft tissue (liver, kidneys, and brain). This fraction of the lead body burden, the biologically active lead, is not entirely reflected by blood lead levels since it is a function of the dynamics of lead absorption, distribution, deposition in bone and excretion. Following discontinuation of exposure to lead, the excess body burden is only slowly mobilized from bone and other relatively stable stores and excreted. Consequently, a high blood lead level may only represent recent heavy exposure to lead without a significant total body excess and likewise a low blood lead level does not exclude an elevated total body burden of lead.

(D) Also due to its correlation with recent exposures, the blood lead level may vary considerably over short time intervals.

(E) To minimize laboratory error and erroneous results due to contamination, blood specimens must be carefully collected after thorough cleaning of the skin with appropriate methods using lead-free containers and analyzed by a reliable laboratory. Under the standard, samples must be analyzed in laboratories which are approved by the Center for Disease Control (CDC) or which have received satisfactory grades in proficiency testing by the CDC in the previous year. Analysis is to be made using atomic absorption spectrophotometry anodic stripping; voltammetry or any method which meets the accuracy requirements set forth by the standard.

(F) The determination of lead in urine is generally considered a less reliable monitoring technique than analysis of whole blood primarily due to individual variability in urinary excretion capacity as well as the technical difficulty of obtaining accurate twenty-four hour urine collections. In addition, workers with renal insufficiency, whether due to lead or some other cause, may have decreased lead clearance and consequently urine lead levels may underestimate the true lead burden. Therefore, urine lead levels should not be used as a routine test.

(G) The zinc protoporphyrin test, unlike the blood lead determination, measures an adverse metabolic effect of lead and as such is a better indicator of lead toxicity than the level of blood lead itself. The level of ZPP reflects lead absorption over the preceding three to four months, and therefore is a better indicator of lead body burden. The ZPP requires more time than the blood lead to read significantly elevated levels; the return to normal after discontinuing lead exposure is also slower. Furthermore, the ZPP test is simpler, faster, and less expensive to perform and no contamination is possible. Many investigators believe it is the most reliable means of monitoring chronic lead absorption.

(H) Zinc protoporphyrin results from the inhibition of the enzyme ferrochelatase which catalyzes the insertion of an iron molecule into the protoporphyrin molecule, which then becomes heme. If iron is not inserted into the molecule then zinc, having a greater affinity for protoporphyrin, takes place in the iron, forming ZPP.

(I) An elevation in the level of circulating ZPP may occur at blood lead levels as low as 20-30 µg/100g in some workers. Once the blood lead level has reached 40 µg/100g there is more marked rise in the ZPP value from its normal range of less than 100 µg/100ml. Increases in blood lead levels beyond 40 µg/100g are associated with exponential increases in ZPP.

(J) Whereas blood lead levels fluctuate over short time spans, ZPP levels remain relatively stable. ZPP is measured directly in red blood cells and is present for the cell's entire one hundred twenty day lifespan. Therefore, the ZPP level in blood reflects the average ZPP production over the previous three to four months and consequently the average lead exposure during that time interval.

(K) It is recommended that a hematocrit be determined whenever a confirmed ZPP of 50 µg/100ml whole blood is obtained to rule out a significant underlying anemia. If the ZPP is in excess of 100 µg/100ml and not associated with abnormal elevations in blood lead levels, the laboratory should be checked to be sure the blood leads were determined using atomic absorption spectrophotometry, anodic stripping voltammetry or any method which meets the accuracy requirements set forth by the standard, by a CDC approved laboratory which is experienced in lead level determinations. Repeat periodic blood lead studies should be obtained in all individuals with elevated ZPP levels to be certain that an associated elevated blood lead level has not been missed due to transient fluctuations in blood leads.

(L) ZPP has characteristic fluorescence spectrum with a peak at 594nm which is detectable with a hematofluorimeter. The hematofluorimeter is accurate and portable and can provide on-site, instantaneous results for workers who can be frequently tested via a finger prick.

(M) However, careful attention must be given to calibration and quality control procedures. Limited data on blood lead -ZPP correlations and the ZPP levels which are associated with the adverse health effects discussed in item (ii) are the major limitations of the test. Also it is difficult to correlate ZPP levels with environmental exposure and there is some variation of response with age and sex. Nevertheless, the ZPP promises to be an important diagnostic test for the early detection of lead toxicity and its value will increase as more data is collected regarding its relationship to other manifestations of lead poisoning.

(N) Levels of delta-aminolevulinic acid (ALA) in the urine are also used as a measure of lead exposure. Increasing concentrations of ALA are believed to result from the inhibition of the enzyme delta-aminolevulinic acid dehydrase (ALA-D). Although the test is relatively easy to perform, inexpensive, and rapid, the disadvantages include variability in results, the necessity to collect a complete twenty-four hour urine sample which has a specific gravity greater than 1.010, and also the fact that ALA decomposes in the presence of light.

(O) The pattern of porphyrin excretion in the urine can also be helpful in identifying lead intoxication. With lead poisoning, the urine concentrations of coproporphyrins I and II, porphobilinogen and uroporphyrin I rise. The most important increase, however, is that of coproporphyrin III; levels may exceed 5,000 µg/1 in the urine in lead poisoned individuals, but its correlation with blood lead levels and ZPP are not as good as those of ALA. Increases in urinary porphyrins are not diagnostic of lead toxicity and may be seen in porphyria, some liver diseases, and in patients with high reticulocyte counts.

(vi) Summary.

(A) The WISHA standard for inorganic lead places significant emphasis on the medical surveillance of all workers exposed to levels of inorganic lead above the action level of 30 µg/m3 TWA. The physician has a fundamental role in this surveillance program, and in the operation of the medical removal protection program.

(B) Even with adequate worker education on the adverse health effects of lead and appropriate training in work practices, personal hygiene and other control measures, the physician has a primary responsibility for evaluating potential lead toxicity in the worker. It is only through a careful and detailed medical and work history, a complete physical examination and appropriate laboratory testing that an accurate assessment can be made. Many of the adverse health effects of lead toxicity are either irreversible or only partially reversible and therefore early detection of disease is very important.

(C) This document outlines the medical monitoring program as defined by the occupational safety and health standard for inorganic lead. It reviews the adverse health effects of lead poisoning and describes the important elements of the history and physical examinations as they relate to these adverse effects.

(D) It is hoped that this review and discussion will give the physician a better understanding of the WISHA standard with the ultimate goal of protecting the health and well-being of the worker exposed to lead under his or her care.

(d) Appendix D. Recommendations to employers concerning high-risk tasks (nonmandatory).

The department advises employers that the following tasks have a high risk for lead overexposure (this list is not complete; other tasks also can result in lead over-exposure):


•	Any open flame operation involving lead-containing solder in a manner producing molten solder, including the manufacture or repair of motor vehicle radiators;
•	Sanding, cutting or grinding of lead-containing solder;
•	Breaking, recycling or manufacture of lead-containing batteries;
•	Casting objects using lead, brass, or lead-containing alloys;
•	Where lead-containing coatings or paints are present:


•	abrasive blasting
•	welding
•	cutting
•	torch burning
•	manual demolition of structures
•	manual scraping
•	manual sanding
•	heat gun applications
•	power tool cleaning
•	rivet busting
•	clean-up activities where dry expendable abrasives are used
•	abrasive blasting enclosure movement and removal;


•	Spray-painting with lead-containing paint;
•	Using lead-containing mortar;
•	Lead burning;
•	Operation or cleaning of shooting facilities where lead bullets are used;
•	Formulation or processing of lead-containing pigments or paints;
•	Cutting, burning, or melting of lead-containing materials.

The department recommends that annual blood lead testing be offered to all employees potentially overexposed to lead, including those performing the tasks listed above, regardless of air lead levels. Research has shown that air lead levels often do not accurately predict workers' lead overexposure. The blood lead testing will provide the most information if performed during a period of peak lead exposure.

Employers should be aware that the United States Public Health Service has set a goal of eliminating occupational exposures which result in whole blood lead levels of 25 µg/dl or greater. This goal should guide whether employees' blood lead levels indicate lead overexposure.

If blood lead levels are elevated in an employee performing a task associated with lead overexposure, employers should assess the maintenance and effectiveness of exposure controls, hygiene facilities, respiratory protection program, the employee's work practices and personal hygiene, and the employee's respirator use, if any. If a deficiency exists in any of these areas, the employer should correct the problem.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-07540Formaldehyde.

Note:

The requirements in this chapter apply only to agriculture. The general industry requirements relating to formaldehyde have been moved to chapter 296-856 WAC, Formaldehyde.

(1) Scope and application. This standard applies to all occupational exposures to formaldehyde, i.e., from formaldehyde gas, its solutions, and materials that release formaldehyde.

(2) Definitions. For purposes of this standard, the following definitions shall apply:

(a) (("Action level" means))Action level. A concentration of 0.5 part formaldehyde per million parts of air (0.5 ppm) calculated as an 8-hour time-weighted average (TWA) concentration.

(b) (("Approved" means))Approved. Approved by the director of the department of labor and industries or ((his/her))their authorized representative: Provided, however, That should a provision of this chapter state that approval by an agency or organization other than the department of labor and industries is required, such as Underwriters' Laboratories or the Mine Safety and Health Administration and the National Institute for Occupational Safety and Health, the provision of WAC 296-800-370 shall apply.

(c) (("Authorized person" means))Authorized person. Any person required by work duties to be present in regulated work areas, or authorized to do so by the employer, by this section of the standard, or by the WISHA Act.

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

(e) (("Emergency" is))Emergency. Any occurrence, such as but not limited to equipment failure, rupture of containers, or failure of control equipment that results in an uncontrolled release of a significant amount of formaldehyde.

(f) (("Employee exposure" means))Employee exposure. The exposure to airborne formaldehyde which would occur without corrections for protection provided by any respirator that is in use.

(g) (("Formaldehyde" means))Formaldehyde. The chemical substance, HCHO, Chemical Abstracts Service Registry No. 50-00-0.

(3) Permissible exposure limit (PEL).

(a) TWA: The employer ((shall assure))must ensure that no employee is exposed to an airborne concentration of formaldehyde which exceeds 0.75 part formaldehyde per million parts of air as an 8-hour TWA.

(b) Short term exposure limit (STEL): The employer ((shall assure))must ensure that no employee is exposed to an airborne concentration of formaldehyde which exceeds two parts formaldehyde per million parts of air (2 ppm) as a fifteen-minute STEL.

(4) Exposure monitoring.

(a) General.

(i) Each employer who has a workplace covered by this standard ((shall))must monitor employees to determine their exposure to formaldehyde.

(ii) Exception. Where the employer documents, using objective data, that the presence of formaldehyde or formaldehyde-releasing products in the workplace cannot result in airborne concentrations of formaldehyde that would cause any employee to be exposed at or above the action level or the STEL under foreseeable conditions of use, the employer will not be required to measure employee exposure to formaldehyde.

(iii) When an employee's exposure is determined from representative sampling, the measurements used ((shall))must be representative of the employee's full shift or short-term exposure to formaldehyde, as appropriate.

(iv) Representative samples for each job classification in each work area ((shall))must be taken for each shift unless the employer can document with objective data that exposure levels for a given job classification are equivalent for different workshifts.

(b) Initial monitoring. The employer ((shall))must identify all employees who may be exposed at or above the action level or at or above the STEL and accurately determine the exposure of each employee so identified.

(i) Unless the employer chooses to measure the exposure of each employee potentially exposed to formaldehyde, the employer ((shall))must develop a representative sampling strategy and measure sufficient exposures within each job classification for each workshift to correctly characterize and not underestimate the exposure of any employee within each exposure group.

(ii) The initial monitoring process ((shall))must be repeated each time there is a change in production, equipment, process, personnel, or control measures which may result in new or additional exposure to formaldehyde.

(iii) If the employer receives reports or signs or symptoms of respiratory or dermal conditions associated with formaldehyde exposure, the employer ((shall))must promptly monitor the affected employee's exposure.

(i) The employer ((shall))must periodically measure and accurately determine exposure to formaldehyde for employees shown by the initial monitoring to be exposed at or above the action level or at or above the STEL.

(ii) If the last monitoring results reveal employee exposure at or above the action level, the employer ((shall))must repeat monitoring of the employees at least every six months.

(iii) If the last monitoring results reveal employee exposure at or above the STEL, the employer ((shall))must repeat monitoring of the employees at least once a year under worst conditions.

(d) Termination of monitoring. The employer may discontinue periodic monitoring for employees if results from two consecutive sampling periods taken at least seven days apart show that employee exposure is below the action level and the STEL. The results must be statistically representative and consistent with the employer's knowledge of the job and work operation.

(e) Accuracy of monitoring. Monitoring ((shall))must be accurate, at the ninety-five percent confidence level, to within plus or minus twenty-five percent for airborne concentrations of formaldehyde at the TWA and the STEL and to within plus or minus thirty-five percent for airborne concentrations of formaldehyde at the action level.

(f) Employee notification of monitoring results. Within fifteen days of receiving the results of exposure monitoring conducted under this standard, the employer ((shall))must notify the affected employees of these results. Notification ((shall))must be in writing, either by distributing copies of the results to the employees or by posting the results. If the employee exposure is over either PEL, the employer ((shall))must develop and implement a written plan to reduce employee exposure to or below both PELs, and give written notice to employees. The written notice ((shall))must contain a description of the corrective action being taken by the employer to decrease exposure.

(g) Observation of monitoring.

(i) The employer ((shall))must provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to formaldehyde required by this standard.

(ii) When observation of the monitoring of employee exposure to formaldehyde requires entry into an area where the use of protective clothing or equipment is required, the employer ((shall))must provide the clothing and equipment to the observer, require the observer to use such clothing and equipment, and ((assure))ensure that the observer complies with all other applicable safety and health procedures.

(5) Regulated areas.

(a) The employer ((shall))must establish regulated areas where the concentration of airborne formaldehyde exceeds either the TWA or the STEL and post all entrances and accessways with signs bearing the following information:

DANGER

FORMALDEHYDE

IRRITANT AND POTENTIAL CANCER HAZARD

AUTHORIZED PERSONNEL ONLY

(b) The employer ((shall))must limit access to regulated areas to authorized persons who have been trained to recognize the hazards of formaldehyde.

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

(6) Methods of compliance.

(a) Engineering controls and work practices. The employer ((shall))must institute engineering and work practice controls to reduce and maintain employee exposures to formaldehyde at or below the TWA and the STEL.

(b) Exception. Whenever the employer has established that feasible engineering and work practice controls cannot reduce employee exposure to or below either of the PELs, the employer ((shall))must apply these controls to reduce employee exposures to the extent feasible and ((shall))must supplement them with respirators which satisfy this standard.

(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, such as maintenance and repair activities or vessel 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 exposure to or below the PELs;

(iv) Emergencies.

(b) Respirator program.

(i) The employer must implement a respiratory protection program as required by chapter 296-842 WAC, except WAC 296-842-13005 and 296-842-14005.

(ii) If air-purifying chemical-cartridge respirators are used, the employer must:

(A) Replace the cartridge after three hours of use or at the end of the workshift, whichever occurs first, unless the cartridge contains a NIOSH-certified end-of-service-life indicator (ESLI) to show when breakthrough occurs.

(B) Unless the canister contains a NIOSH-certified ESLI to show when breakthrough occurs, replace canisters used in atmospheres up to 7.5 ppm (10 x PEL) every four hours and industrial-sized canisters used in atmospheres up to 75 ppm (100 x PEL) every two hours, or at the end of the workshift, whichever occurs first.

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

TABLE 1

MINIMUM REQUIREMENTS FOR RESPIRATORY PROTECTION AGAINST FORMALDEHYDE

Condition of use or formaldehyde concentration (ppm)	Minimum respirator required1
Up to 7.5 ppm (10 x PEL) . . . .	Full facepiece with cartridges or canisters specifically approved for protection against formaldehyde2.
Up to 75 ppm (100 x PEL). . . .	Full-face mask with chin style or chest or back mounted type industrial size canister specifically approved for protection against formaldehyde.
	Type C supplied-air respirator pressure demand or continuous flow type, with full facepiece, hood, or helmet.
Above 75 ppm or unknown (emergencies) (100 x PEL). . . .	Self-contained breathing apparatus (SCBA) with positive-pressure full facepiece.
	Combination supplied-air, full facepiece positive-pressure respirator with auxiliary self-contained air supply.
Firefighting. . . .	SCBA with positive-pressure in full facepiece.
Escape. . . .	SCBA in demand or pressure demand mode.
	Full-face mask with chin style or front or back mounted type industrial size canister specifically approved for protection against formaldehyde.

1	Respirators specified for use at higher concentrations may be used at lower concentrations.
2	A half-mask respirator with cartridges specifically approved for protection against formaldehyde can be substituted for the full facepiece respirator providing that effective gas-proof goggles are provided and used in combination with the half-mask respirator.

(ii) The employer must provide a powered air-purifying respirator adequate to protect against formaldehyde exposure to any employee who has difficulty using a negative-pressure respirator.

(8) Protective equipment and clothing. Employers ((shall))must comply with the provisions of WAC 296-800-160. When protective equipment or clothing is provided under these provisions, the employer ((shall))must provide these protective devices at no cost to the employee and ((assure))ensure that the employee wears them.

(a) Selection. The employer ((shall))must select protective clothing and equipment based upon the form of formaldehyde to be encountered, the conditions of use, and the hazard to be prevented.

(i) All contact of the eyes and skin with liquids containing one percent or more formaldehyde ((shall))must be prevented by the use of chemical protective clothing made of material impervious to formaldehyde and the use of other personal protective equipment, such as goggles and face shields, as appropriate to the operation.

(ii) Contact with irritating or sensitizing materials ((shall))must be prevented to the extent necessary to eliminate the hazard.

(iii) Where a face shield is worn, chemical safety goggles are also required if there is a danger of formaldehyde reaching the area of the eye.

(iv) Full body protection ((shall))must be worn for entry into areas where concentrations exceed 100 ppm and for emergency reentry into areas of unknown concentration.

(b) Maintenance of protective equipment and clothing.

(i) The employer ((shall assure))must ensure that protective equipment and clothing that has become contaminated with formaldehyde is cleaned or laundered before its reuse.

(ii) When ventilating formaldehyde-contaminated clothing and equipment, the employer ((shall))must establish a storage area so that employee exposure is minimized. Containers for contaminated clothing and equipment and storage areas ((shall))must have labels and signs containing the following information:

DANGER

FORMALDEHYDE-CONTAMINATED (CLOTHING) EQUIPMENT

AVOID INHALATION AND SKIN CONTACT

(iii) The employer ((shall assure))must ensure that only persons trained to recognize the hazards of formaldehyde remove the contaminated material from the storage area for purposes of cleaning, laundering, or disposal.

(iv) The employer ((shall assure))must ensure that no employee takes home equipment or clothing that is contaminated with formaldehyde.

(v) The employer ((shall))must repair or replace all required protective clothing and equipment for each affected employee as necessary to assure its effectiveness.

(vi) The employer ((shall))must inform any person who launders, cleans, or repairs such clothing or equipment of formaldehyde's potentially harmful effects and of procedures to safely handle the clothing and equipment.

(9) Hygiene protection.

(a) The employer shall provide change rooms, as described in WAC ((296-24-120))296-800-230 for employees who are required to change from work clothing into protective clothing to prevent skin contact with formaldehyde.

(b) If employees' skin may become splashed with solutions containing one percent or greater formaldehyde, for example because of equipment failure or improper work practices, the employer ((shall))must provide conveniently located quick drench showers and ((assure))ensure that affected employees use these facilities immediately.

(c) If there is any possibility that an employee's eyes may be splashed with solutions containing 0.1 percent or greater formaldehyde, the employer ((shall))must provide acceptable eyewash facilities within the immediate work area for emergency use.

(10) Housekeeping. For operations involving formaldehyde liquids or gas, the employer ((shall))must conduct a program to detect leaks and spills, including regular visual inspections.

(a) Preventative maintenance of equipment, including surveys for leaks, shall be undertaken at regular intervals.

(b) In work areas where spillage may occur, the employer ((shall))must make provisions to contain the spill, to decontaminate the work area, and to dispose of the waste.

(c) The employer ((shall assure))must ensure that all leaks are repaired and spills are cleaned promptly by employees wearing suitable protective equipment and trained in proper methods for cleanup and decontamination.

(d) Formaldehyde-contaminated waste and debris resulting from leaks or spills ((shall))must be placed for disposal in sealed containers bearing a label warning of formaldehyde's presence and of the hazards associated with formaldehyde.

(11) Emergencies. For each workplace where there is the possibility of an emergency involving formaldehyde, the employer ((shall assure))must ensure appropriate procedures are adopted to minimize injury and loss of life. Appropriate procedures ((shall))must be implemented in the event of an emergency.

(12) Medical surveillance.

(a) Employees covered.

(i) The employer ((shall))must institute medical surveillance programs for all employees exposed to formaldehyde at concentrations at or exceeding the action level or exceeding the STEL.

(ii) The employer ((shall))must make medical surveillance available for employees who develop signs and symptoms of overexposure to formaldehyde and for all employees exposed to formaldehyde in emergencies. When determining whether an employee may be experiencing signs and symptoms of possible overexposure to formaldehyde, the employer may rely on the evidence that signs and symptoms associated with formaldehyde exposure will occur only in exceptional circumstances when airborne exposure is less than 0.1 ppm and when formaldehyde is present in materials in concentrations less than 0.1 percent.

(b) Examination by a physician. All medical procedures, including administration of medical disease questionnaires, ((shall))must be performed by or under the supervision of a licensed physician and shall be provided without cost to the employee, without loss of pay, and at a reasonable time and place.

(c) Medical disease questionnaire. The employer ((shall))must make the following medical surveillance available to employees prior to assignment to a job where formaldehyde exposure is at or above the action level or above the STEL and annually thereafter. The employer ((shall))must also make the following medical surveillance available promptly upon determining that an employee is experiencing signs and symptoms indicative of possible overexposure to formaldehyde.

(i) Administration of a medical disease questionnaire, such as in Appendix D, which is designed to elicit information on work history, smoking history, any evidence of eye, nose, or throat irritation; chronic airway problems or hyperreactive airway disease; allergic skin conditions or dermatitis; and upper or lower respiratory problems.

(ii) A determination by the physician, based on evaluation of the medical disease questionnaire, of whether a medical examination is necessary for employees not required to wear respirators to reduce exposure to formaldehyde.

(d) Medical examinations. Medical examinations ((shall))must be given to any employee who the physician feels, based on information in the medical disease questionnaire, may be at increased risk from exposure to formaldehyde and at the time of initial assignment and at least annually thereafter to all employees required to wear a respirator to reduce exposure to formaldehyde. The medical examination ((shall))must include:

(i) A physical examination with emphasis on evidence of irritation or sensitization of the skin and respiratory system, shortness of breath, or irritation of the eyes.

(ii) Laboratory examinations for respirator wearers consisting of baseline and annual pulmonary function tests. As a minimum, these tests ((shall))must consist of forced vital capacity (FVC), forced expiratory volume in one second (FEV1), and forced expiratory flow (FEF).

(iii) Any other test which the examining physician deems necessary to complete the written opinion.

(iv) Counseling of employees having medical conditions that would be directly or indirectly aggravated by exposure to formaldehyde on the increased risk of impairment of their health.

(e) Examinations for employees exposed in an emergency. The employer ((shall))must make medical examinations available as soon as possible to all employees who have been exposed to formaldehyde in an emergency.

(i) The examination ((shall))must include a medical and work history with emphasis on any evidence of upper or lower respiratory problems, allergic conditions, skin reaction or hypersensitivity, and any evidence of eye, nose, or throat irritation.

(ii) Other examinations ((shall))must consist of those elements considered appropriate by the examining physician.

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

(i) A copy of this standard and Appendices A, C, D, and E;

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

(iii) The representative exposure level for the employee's job assignment;

(iv) Information concerning any personal protective equipment and respiratory protection used or to be used by the employee; and

(v) Information from previous medical examinations of the affected employee within the control of the employer.

(vi) In the event of a nonroutine examination because of an emergency, the employer ((shall))must provide to the physician as soon as possible: A description of how the emergency occurred and the exposure the victim may have received.

(g) Physician's written opinion.

(i) For each examination required under this standard, the employer shall obtain a written opinion from the examining physician. This written opinion ((shall))must contain the results of the medical examination except that it ((shall))must not reveal specific findings or diagnoses unrelated to occupational exposure to formaldehyde. The written opinion ((shall))must include:

(A) The physician's opinion as to whether the employee has any medical condition that would place the employee at an increased risk of material impairment of health from exposure to formaldehyde;

(B) Any recommended limitations on the employee's exposure or changes in the use of personal protective equipment, including respirators;

(C) A statement that the employee has been informed by the physician of any medical conditions which would be aggravated by exposure to formaldehyde, whether these conditions may have resulted from past formaldehyde exposure or from exposure in an emergency, and whether there is a need for further examination or treatment.

(ii) The employer ((shall))must provide for retention of the results of the medical examination and tests conducted by the physician.

(iii) The employer ((shall))must provide a copy of the physician's written opinion to the affected employee within fifteen days of its receipt.

(h) Medical removal.

(i) The provisions of this subdivision apply when an employee reports significant irritation of the mucosa of the eyes or of the upper airways, respiratory sensitization, dermal irritation, or dermal sensitization attributed to workplace formaldehyde exposure. Medical removal provisions do not apply in case of dermal irritation or dermal sensitization when the product suspected of causing the dermal condition contains less than 0.05% formaldehyde.

(ii) An employee's report of signs or symptoms of possible overexposure to formaldehyde ((shall))must be evaluated by a physician selected by the employer pursuant to (c) of this subsection. If the physician determines that a medical examination is not necessary under (c)(ii) of this subsection, there ((shall))must be a two-week evaluation and remediation period to permit the employer to ascertain whether the signs or symptoms subside untreated or with the use of creams, gloves, first-aid treatment, or personal protective equipment. Industrial hygiene measures that limit the employee's exposure to formaldehyde may also be implemented during this period. The employee ((shall))must be referred immediately to a physician prior to expiration of the two-week period if the signs or symptoms worsen. Earnings, seniority, and benefits may not be altered during the two-week period by virtue of the report.

(iii) If the signs or symptoms have not subsided or been remedied by the end of the two-week period, or earlier if signs or symptoms warrant, the employee ((shall))must be examined by a physician selected by the employer. The physician ((shall))must presume, absent contrary evidence, that observed dermal irritation or dermal sensitization are not attributable to formaldehyde when products to which the affected employee is exposed contain less than 0.1% formaldehyde.

(iv) Medical examinations ((shall))must be conducted in compliance with the requirements of (e)(i) and (ii) of this subsection. Additional guidelines for conducting medical exams are contained in WAC 296-62-07546, Appendix C.

(v) If the physician finds that significant irritation of the mucosa of the eyes or the upper airways, respiratory sensitization, dermal irritation, or dermal sensitization result from workplace formaldehyde exposure and recommends restrictions or removal. The employer ((shall))must promptly comply with the restrictions or recommendations of removal. In the event of a recommendation of removal, the employer ((shall))must remove the affected employee from the current formaldehyde exposure and if possible, transfer the employee to work having no or significantly less exposure to formaldehyde.

(vi) When an employee is removed pursuant to item (v) of this subdivision, the employer ((shall))must transfer the employee to comparable work for which the employee is qualified or can be trained in a short period (up to six months), where the formaldehyde exposures are as low as possible, but not higher than the action level. The employer ((shall))must maintain the employee's current earnings, seniority, and other benefits. If there is no such work available, the employer ((shall))must maintain the employee's current earnings, seniority, and other benefits until such work becomes available, until the employee is determined to be unable to return to workplace formaldehyde exposure, until the employee is determined to be able to return to the original job status, or for six months, whichever comes first.

(vii) The employer ((shall))must arrange for a follow-up medical examination to take place within six months after the employee is removed pursuant to this subsection. This examination ((shall))must determine if the employee can return to the original job status, or if the removal is to be permanent. The physician ((shall))must make a decision within six months of the date the employee was removed as to whether the employee can be returned to the original job status, or if the removal is to be permanent.

(viii) An employer's obligation to provide earnings, seniority, and other benefits to a removed employee may 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.

(ix) In making determinations of the formaldehyde content of materials under this subsection the employer may rely on objective data.

(i) Multiple physician review.

(i) After the employer selects the initial physician who conducts any medical examination or consultation to determine whether medical removal or restriction is appropriate, the employee may designate a second physician to review any findings, determinations, or recommendations of the initial physician and to conduct such examinations, consultations, and laboratory tests as the second physician deems necessary and appropriate to evaluate the effects of formaldehyde exposure and to facilitate this review.

(ii) The employer ((shall))must promptly notify an employee of the right to seek a second medical opinion after each occasion that an initial physician conducts a medical examination or consultation for the purpose of medical removal or restriction.

(iii) The employer may condition its participation in, and payment for, the multiple physician review mechanism upon the employee doing the following within fifteen days after receipt of the notification of the right to seek a second medical opinion, or receipt of the initial physician's written opinion, whichever is later:

(A) The employee informs the employer of the intention to seek a second medical opinion; and

(B) The employee initiates steps to make an appointment with a second physician.

(iv) 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))must ensure that efforts are made for the two physicians to resolve the disagreement. If the two physicians are unable to quickly resolve their disagreement, then the employer and the employee through their respective physicians ((shall))must designate a third physician who ((shall))must be a specialist in the field at issue:

(A) To review the findings, determinations, or recommendations of the prior physicians; and

(B) To conduct such examinations, consultations, laboratory tests, and discussions with prior physicians as the third physician deems necessary to resolve the disagreement of the prior physicians.

(v) In the alternative, the employer and the employee or authorized employee representative may jointly designate such third physician.

(vi) The employer ((shall))must act consistent with the findings, determinations, and recommendations of the third physician, unless the employer and the employee reach an agreement which is otherwise consistent with the recommendations of at least one of the three physicians.

(13) Hazard communication.

(a) General. Notwithstanding any exemption granted in WAC 296-901-140 for wood products, each employer who has a workplace covered by this standard ((shall))must comply with the requirements of WAC 296-901-140. The definitions of the hazard communication standard shall apply under this standard.

(i) The following shall be subject to the hazard communication requirements of this section: Formaldehyde gas, all mixtures or solutions composed of greater than 0.1 percent formaldehyde, and materials capable of releasing formaldehyde into the air under reasonably foreseeable concentrations reaching or exceeding 0.1 ppm.

(ii) As a minimum, specific health hazards that the employer ((shall))must address are: Cancer, irritation and sensitization of the skin and respiratory system, eye and throat irritation, and acute toxicity.

(b) Manufacturers and importers who produce or import formaldehyde or formaldehyde-containing products ((shall))must provide downstream employers using or handling these products with an objective determination through the required labels and SDSs as required by WAC 296-901-140.

(i) The employer ((shall assure))must ensure that hazard warning labels complying with the requirements of WAC 296-901-140 are affixed to all containers of materials listed in (a)(i) of this subsection, except to the extent that (a)(i) of this subsection is inconsistent with this item.

(ii) Information on labels. As a minimum, for all materials listed in (a)(i) of this subsection, capable of releasing formaldehyde at levels of 0.1 ppm to 0.5 ppm, labels ((shall))must identify that the product contains formaldehyde: List the name and address of the responsible party; and state that physical and health hazard information is readily available from the employer and from safety data sheets.

(iii) For materials listed in (a)(i) of this subsection, capable of releasing formaldehyde at levels above 0.5 ppm, labels shall appropriately address all the hazards as defined in WAC 296-901-140, and Appendices A and B, including respiratory sensitization, and ((shall))must contain the words "Potential Cancer Hazard."

(iv) In making the determinations of anticipated levels of formaldehyde release, the employer may rely on objective data indicating the extent of potential formaldehyde release under reasonably foreseeable conditions of use.

(v) Substitute warning labels. The employer may use warning labels required by other statutes, regulations, or ordinances which impart the same information as the warning statements required by this subitem.

(d) Safety data sheets.

(i) Any employer who uses formaldehyde-containing materials listed in (a)(i) of this subsection ((shall))must comply with the requirements of WAC 296-901-140 with regard to the development and updating of safety data sheets.

(ii) Manufacturers, importers, and distributors of formaldehyde containing materials listed in (a)(i) of this subsection ((shall assure))must ensure that safety data sheets and updated information are provided to all employers purchasing such materials at the time of the initial shipment and at the time of the first shipment after a safety data sheet is updated.

(e) Written hazard communication program. The employer ((shall))must develop, implement, and maintain at the workplace, a written hazard communication program for formaldehyde exposures in the workplace, which at a minimum describes how the requirements specified in this section for labels and other forms of warning and safety data sheets, and subsection (14) of this section for employee information and training, will be met. Employees in multi-employer workplaces ((shall))must comply with the requirements of WAC 296-901-140.

(14) Employee information and training.

(a) Participation. The employer ((shall assure))must ensure that all employees who are assigned to workplaces where there is a health hazard from formaldehyde participate in a training program, except that where the employer can show, using objective data, that employees are not exposed to formaldehyde at or above 0.1 ppm, the employer is not required to provide training.

(b) Frequency. Employers ((shall))must provide such information and training to employees at the time of their initial assignment and whenever a new exposure to formaldehyde is introduced into their work area. The training ((shall))must be repeated at least annually.

(c) Training program. The training program ((shall))must be conducted in a manner which the employee is able to understand and ((shall))must include:

(i) A discussion of the contents of this regulation and the contents of the safety data sheet;

(ii) The purpose for and a description of the medical surveillance program required by this standard, including:

(A) A description of the potential health hazards associated with exposure to formaldehyde and a description of the signs and symptoms of exposure to formaldehyde.

(B) Instructions to immediately report to the employer the development of any adverse signs or symptoms that the employee suspects is attributable to formaldehyde exposure.

(iii) Description of operations in the work area where formaldehyde is present and an explanation of the safe work practices appropriate for limiting exposure to formaldehyde in each job;

(iv) The purpose for, proper use of, and limitations of personal protective clothing;

(v) Instructions for the handling of spills, emergencies, and clean-up procedures;

(vi) An explanation of the importance of engineering and work practice controls for employee protection and any necessary instruction in the use of these controls;

(vii) A review of emergency procedures including the specific duties or assignments of each employee in the event of an emergency; and

(viii) The purpose, proper use, limitations, and other training requirements for respiratory protection as required by chapter 296-842 WAC.

(d) Access to training materials.

(i) The employer ((shall))must inform all affected employees of the location of written training materials and ((shall))must make these materials readily available, without cost, to the affected employees.

(ii) The employer ((shall))must provide, upon request, all training materials relating to the employee training program to the director of labor and industries, or his/her designated representative.

(15) Recordkeeping.

(a) Exposure measurements. The employer ((shall))must establish and maintain an accurate record of all measurements taken to monitor employee exposure to formaldehyde. This record ((shall))must include:

(i) The date of measurement;

(ii) The operation being monitored;

(iii) The methods of sampling and analysis and evidence of their accuracy and precision;

(iv) The number, durations, time, and results of samples taken;

(v) The types of protective devices worn; and

(vi) The names, job classifications, Social Security numbers, and exposure estimates of the employees whose exposures are represented by the actual monitoring results.

(b) Exposure determinations. Where the employer has determined that no monitoring is required under this standard, the employer ((shall))must maintain a record of the objective data relied upon to support the determination that no employee is exposed to formaldehyde at or above the action level.

(c) Medical surveillance. The employer ((shall))must establish and maintain an accurate record for each employee subject to medical surveillance under this standard. This record ((shall))must include:

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

(ii) The physician's written opinion;

(iii) A list of any employee health complaints that may be related to exposure to formaldehyde; and

(iv) A copy of the medical examination results, including medical disease questionnaires and results of any medical tests required by the standard or mandated by the examining physician.

(d) Record retention. The employer ((shall))must retain records required by this standard for at least the following periods:

(i) Exposure records and determinations ((shall))must be kept for at least thirty years; and

(ii) Medical records ((shall))must be kept for the duration of employment plus thirty years.

(e) Availability of records.

(i) Upon request, the employer ((shall))must make all records maintained as a requirement of this standard available for examination and copying to the director of labor and industries, or ((his/her))their designated representative.

(ii) The employer ((shall))must make employee exposure records, including estimates made from representative monitoring and available upon request for examination and copying, to the subject employee, or former employee, and employee representatives in accordance with chapter 296-802 WAC.

(iii) Employee medical records required by this standard ((shall))must be provided upon request for examination and copying, to the subject employee, or former employee, or to anyone having the specific written consent of the subject employee or former employee in accordance with chapter 296-802 WAC.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-07544Appendix B—Sampling strategy and analytical methods for formaldehyde.

(1) To protect the health of employees, exposure measurements must be unbiased and representative of employee exposure. The proper measurement of employee exposure requires more than a token commitment on the part of the employer. WISHA's mandatory requirements establish a baseline; under the best of circumstances all questions regarding employee exposure will be answered. Many employers, however, will wish to conduct more extensive monitoring before undertaking expensive commitments, such as engineering controls, to ((assure))ensure that the modifications are truly necessary. The following sampling strategy, which was developed at NIOSH by Nelson A. Leidel, Kenneth A. Busch, and Jeremiah R. Lynch and described in NIOSH publication No. 77-173 (Occupational Exposure Sampling Strategy Manual) will assist the employer in developing a strategy for determining the exposure of his or her employees.

(2) There is no one correct way to determine employee exposure. Obviously, measuring the exposure of every employee exposed to formaldehyde will provide the most information on any given day. Where few employees are exposed, this may be a practical solution. For most employers, however, use of the following strategy will give just as much information at less cost.

(3) Exposure data collected on a single day will not automatically guarantee the employer that ((his or her))their workplace is always in compliance with the formaldehyde standard. This does not imply, however, that it is impossible for an employer to be sure that ((his or her))their worksite is in compliance with the standard. Indeed, a properly designed sampling strategy showing that all employees are exposed below the PELs, at least with a ninety-five percent certainty, is compelling evidence that the exposure limits are being achieved provided that measurements are conducted using valid sampling strategy and approved analytical methods.

(4) There are two PELs, the TWA concentration and the STEL.

(a) Most employers will find that one of these two limits is more critical in the control of their operations, and WISHA expects that the employer will concentrate monitoring efforts on the critical component.

(b) If the more difficult exposure is controlled, this information, along with calculations to support the assumptions, should be adequate to show that the other exposure limit is also being achieved.

(5) Sampling strategy.

(a) Determination of the need for exposure measurements.

(b) The employer must determine whether employees may be exposed to concentrations in excess of the action level. This determination becomes the first step in an employee exposure monitoring program that minimizes employer sampling burdens while providing adequate employee protection.

(c) If employees may be exposed above the action level, the employer must measure exposure. Otherwise, an objective determination that employee exposure is low provides adequate evidence that exposure potential has been examined.

(d) The employer should examine all available relevant information, e.g., insurance company and trade association data and information from suppliers or exposure data collected from similar operations.

(e) The employer may also use previously-conducted sampling including area monitoring. The employer must make a determination relevant to each operation although this need not be on a separate piece of paper.

(f) If the employer can demonstrate conclusively that no employee is exposed above the action level or the STEL through the use of objective data, the employer need proceed no further on employee exposure monitoring until such time that conditions have changed and the determination is no longer valid.

(g) If the employer cannot determine that employee exposure is less than the action level and the STEL, employee exposure monitoring will have to be conducted.

(6) Workplace material survey.

(a) The primary purpose of a survey of raw material is to determine if formaldehyde is being used in the work environment and if so, the conditions under which formaldehyde is being used.

(b) The first step is to tabulate all situations where formaldehyde is used in a manner such that it may be released into the workplace atmosphere or contaminate the skin. This information should be available through analysis of company records and information on the SDS available through provisions of this standard and the hazard communication standard.

(c) If there is an indication from materials handling records and accompanying SDS that formaldehyde is being used in the following types of processes or work operations, there may be a potential for releasing formaldehyde into the workplace atmosphere:

(i) Any operation that involves grinding, sanding, sawing, cutting, crushing, screening, sieving, or any other manipulation of material that generates formaldehyde-bearing dust.

(ii) Any processes where there have been employee complaints or symptoms indicative of exposure to formaldehyde.

(iii) Any liquid or spray process involving formaldehyde.

(iv) Any process that uses formaldehyde in preserved tissue.

(v) Any process that involves the heating of a formaldehyde-bearing resin.

Processes and work operations that use formaldehyde in these manners will probably require further investigation at the worksite to determine the extent of employee monitoring that should be conducted.

(7) Workplace observations.

(a) To this point, the only intention has been to provide an indication as to the existence of potentially exposed employees. With this information, a visit to the workplace is needed to observe work operations, to identify potential health hazards, and to determine whether any employees may be exposed to hazardous concentrations of formaldehyde.

(b) In many circumstances, sources of formaldehyde can be identified through the sense of smell. However, this method of detection should be used with caution because of olfactory fatigue.

(c) Employee location in relation to source of formaldehyde is important in determining if an employee may be significantly exposed to formaldehyde. In most instances, the closer a worker is to the source, the higher the probability that a significant exposure will occur.

(d) Other characteristics should be considered. Certain high temperature operations give rise to higher evaporation rates. Locations of open doors and windows provide natural ventilation that tend to dilute formaldehyde emissions. General room ventilation also provides a measure of control.

(8) Calculation of potential exposure concentrations.

(a) By knowing the ventilation rate in a workplace and the quantity of formaldehyde generated, the employer may be able to determine by calculation if the PELs might be exceeded.

(b) To account for poor mixing of formaldehyde into the entire room, locations of fans and proximity of employees to the work operation, the employer must include a safety factor.

(c) If an employee is relatively close to a source, particularly if ((he or she is))they are located downwind, a safety factor of one hundred may be necessary.

(d) For other situations, a factor of ten may be acceptable. If the employer can demonstrate through such calculations that employee exposure does not exceed the action level or the STEL, the employer may use this information as objective data to demonstrate compliance with the standard.

(9) Sampling strategy.

(a) Once the employer determines that there is a possibility of substantial employee exposure to formaldehyde, the employer is obligated to measure employee exposure.

(b) The next step is selection of a maximum risk employee. When there are different processes where employees may be exposed to formaldehyde, a maximum risk employee should be selected for each work operation.

(c) Selection of the maximum risk employee requires professional judgment. The best procedure for selecting the maximum risk employee is to observe employees and select the person closest to the source of formaldehyde. Employee mobility may affect this selection; e.g., if the closest employee is mobile in ((his))their tasks, ((he))they may not be the maximum risk employee. Air movement patterns and differences in work habits will also affect selection of the maximum risk employee.

(d) When many employees perform essentially the same task, a maximum risk employee cannot be selected. In this circumstance, it is necessary to resort to random sampling of the group of workers. The objective is to select a subgroup of adequate size so that there is a high probability that the random sample will contain at least one worker with high exposure if one exists. The number of persons in the group influences the number that need to be sampled to ensure that at least one individual from the highest ten percent exposure group is contained in the sample. For example, to have ninety percent confidence in the results, if the group size is ten, nine should be sampled; for fifty, only eighteen need to be sampled.

(e) If measurement shows exposure to formaldehyde at or above the action level or the STEL, the employer needs to identify all other employees who may be exposed at or above the action level or STEL and measure or otherwise accurately characterize the exposure of these employees.

(f) Whether representative monitoring or random sampling are conducted, the purpose remains the same to determine if the exposure of any employee is above the action level. If the exposure of the most exposed employee is less than the action level and the STEL, regardless of how the employee is identified, then it is reasonable to assume that measurements of exposure of the other employees in that operation would be below the action level and the STEL.

(10) Exposure measurements.

(a) There is no "best" measurement strategy for all situations. Some elements to consider in developing a strategy are:

(i) Availability and cost of sampling equipment;

(ii) Availability and cost of analytic facilities;

(iii) Availability and cost of personnel to take samples;

(iv) Location of employees and work operations;

(v) Intraday and interday variations in the process;

(vi) Precision and accuracy of sampling and analytic methods; and

(vii) Number of samples needed.

(b) Samples taken for determining compliance with the STEL differ from those that measure the TWA concentration in important ways. STEL samples are best taken in a nonrandom fashion using all available knowledge relating to the area, the individual, and the process to obtain samples during periods of maximum expected concentrations. At least three measurements on a shift are generally needed to spot gross errors or mistakes; however, only the highest value represents the STEL.

(c) If an operation remains constant throughout the workshift, a much greater number of samples would need to be taken over the thirty-two discrete nonoverlapping periods in an 8-hour workshift to verify compliance with a STEL. If employee exposure is truly uniform throughout the workshift, however, an employer in compliance with the 1 ppm TWA would be in compliance with the 2 ppm STEL, and this determination can probably be made using objective data.

(11) Need to repeat the monitoring strategy.

(a) Interday and intraday fluctuations in employee exposure are mostly influenced by the physical processes that generate formaldehyde and the work habits of the employee. Hence, in-plant process variations influence the employer's determination of whether or not additional controls need to be imposed. Measurements that employee exposure is low on a day that is not representative of worst conditions may not provide sufficient information to determine whether or not additional engineering controls should be installed to achieve the PELs.

(b) The person responsible for conducting sampling must be aware of systematic changes which will negate the validity of the sampling results. Systematic changes in formaldehyde exposure concentration for an employee can occur due to:

(i) The employee changing patterns of movement in the workplace;

(ii) Closing of plant doors and windows;

(iii) Changes in ventilation from season to season;

(iv) Decreases in ventilation efficiency or abrupt failure of engineering control equipment; and

(v) Changes in the production process or work habits of the employee.

(c) Any of these changes, if they may result in additional exposure that reaches the next level of action (i.e., 0.5 or 1.0 ppm as an 8-hour average or 2 ppm over fifteen minutes) require the employer to perform additional monitoring to reassess employee exposure.

(d) A number of methods are suitable for measuring employee exposure to formaldehyde or for characterizing emissions within the worksite. The preamble to this standard describes some methods that have been widely used or subjected to validation testing. A detailed analytical procedure derived from the WISHA Method A.C.R.O. for acrolein and formaldehyde is presented below for informational purposes.

(e) Inclusion of WISHA's method in this appendix in no way implies that it is the only acceptable way to measure employee exposure to formaldehyde. Other methods that are free from significant interferences and that can determine formaldehyde at the permissible exposure limits within ± 25 percent of the "true" value at the ninety-five percent confidence level are also acceptable. Where applicable, the method should also be capable of measuring formaldehyde at the action level to ± 35 percent of the "true" value with a ninety-five percent confidence level. WISHA encourages employers to choose methods that will be best for their individual needs. The employer must exercise caution, however, in choosing an appropriate method since some techniques suffer from interferences that are likely to be present in workplaces of certain industry sectors where formaldehyde is used.

(12) WISHA's analytical laboratory method.

A.C.R.O. (also use methods F.O.R.M. and F.O.R.M. 2 when applicable).

(a) Matrix: Air.

(b) Target concentration: 1 ppm (1.2 mg/m3).

(c) Procedures: Air samples are collected by drawing known volumes of air through sampling tubes containing XAD-2 adsorbent which have been coated with 2-(hydroxymethyl) piperidine. The samples are desorbed with toluene and then analyzed by gas chromatography using a nitrogen selective detector.

(d) Recommended sampling rate and air volumes: 0.1 L/min and 24 L.

(e) Reliable quantitation limit: 16 ppb (20 ug/m3).

(f) Standard error of estimate at the target concentration: 7.3%.

(g) Status of the method: A sampling and analytical method that has been subjected to the established evaluation procedures of the organic methods evaluation branch.

(h) Date: March, 1985.

(13) General discussion.

(a) Background: The current WISHA method for collecting acrolein vapor recommends the use of activated 13X molecular sieves. The samples must be stored in an ice bath during and after sampling and also they must be analyzed within forty-eight hours of collection. The current WISHA method for collecting formaldehyde vapor recommends the use of bubblers containing ten percent methanol in water as the trapping solution.

(b) This work was undertaken to resolve the sample stability problems associated with acrolein and also to eliminate the need to use bubblers to sample formaldehyde. A goal of this work was to develop and/or to evaluate a common sampling and analytical procedure for acrolein and formaldehyde.

(c) NIOSH has developed independent methodologies for acrolein and formaldehyde which recommend the use of reagent-coated adsorbent tubes to collect the aldehydes as stable derivatives. The formaldehyde sampling tubes contain Chromosorb 102 adsorbent coated with N-benzylethanolamine (BEA) which reacts with formaldehyde vapor to form a stable oxazolidine compound. The acrolein sampling tubes contain XAD-2 adsorbent coated with 2-(hydroxymethyl) piperidine (2-HMP) which reacts with acrolein vapor to form a different, stable oxazolidine derivative. Acrolein does not appear to react with BEA to give a suitable reaction product. Therefore, the formaldehyde procedure cannot provide a common method for both aldehydes. However, formaldehyde does react with 2-HMP to form a very suitable reaction product. It is the quantitative reaction of acrolein and formaldehyde with 2-HMP that provides the basis for this evaluation.

(d) This sampling and analytical procedure is very similar to the method recommended by NIOSH for acrolein. Some changes in the NIOSH methodology were necessary to permit the simultaneous determination of both aldehydes and also to accommodate WISHA laboratory equipment and analytical techniques.

(14) Limit-defining parameters: The analyte air concentrations reported in this method are based on the recommended air volume for each analyte collected separately and a desorption volume of 1 mL. The amounts are presented as acrolein and/or formaldehyde, even though the derivatives are the actual species analyzed.

(15) Detection limits of the analytical procedure: The detection limit of the analytical procedure was 386 pg per injection for formaldehyde. This was the amount of analyte which gave a peak whose height was about five times the height of the peak given by the residual formaldehyde derivative in a typical blank front section of the recommended sampling tube.

(16) Detection limits of the overall procedure: The detection limits of the overall procedure were 482 ng per sample (16 ppb or 20 ug/m3 for formaldehyde). This was the amount of analyte spiked on the sampling device which allowed recoveries approximately equal to the detection limit of the analytical procedure.

(17) Reliable quantitation limits:

(a) The reliable quantitation limit was 482 ng per sample (16 ppb or 20 ug/m3) for formaldehyde. These were the smallest amounts of analyte which could be quantitated within the limits of a recovery of at least seventy-five percent and a precision (± 1.96 SD) of ± 25% or better.

(b) 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 operating parameters.

(18) Sensitivity: The sensitivity of the analytical procedure over concentration ranges representing 0.4 to 2 times the target concentration, based on the recommended air volumes, was seven thousand five hundred eighty-nine area units per ug/mL for formaldehyde. This value was determined from the slope of the calibration curve. The sensitivity may vary with the particular instrument used in the analysis.

(19) Recovery: The recovery of formaldehyde from samples used in an eighteen-day storage test remained above ninety-two percent when the samples were stored at ambient 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 seventy-five percent following storage.

(20) Precision (analytical method only): The pooled coefficient of variation obtained from replicate determinations of analytical standards over the range of 0.4 to 2 times the target concentration was 0.0052 for formaldehyde ((d)(C)(iii) of this subsection).

(21) Precision (overall procedure): The precision at the ninety-five percent confidence level for the ambient temperature storage tests was ±14.3% for formaldehyde. These values each include an additional ±5% for sampling error. The overall procedure must provide results at the target concentrations that are ±25% at the ninety-five percent confidence level.

(22) Reproducibility: Samples collected from controlled test atmospheres and a draft copy of this procedure were given to a chemist unassociated with this evaluation. The formaldehyde samples were analyzed following fifteen days storage. The average recovery was 96.3% and the standard deviation was 1.7%.

(23) Advantages:

(a) The sampling and analytical procedures permit the simultaneous determination of acrolein and formaldehyde.

(b) Samples are stable following storage at ambient temperature for at least eighteen days.

(24) Disadvantages: None.

(25) Sampling procedure.

(a) Apparatus:

(i) Samples are collected by use of a personal sampling pump that can be calibrated to within ±5% of the recommended 0.1 L/min sampling rate with the sampling tube in line.

(ii) Samples are collected with laboratory prepared sampling tubes. The sampling tube is constructed of silane treated glass and is about 8-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 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 a 75-mg backup section, located nearest the tapered end and a 150-mg sampling section of pretreated XAD-2 adsorbent which has been coated with 2-HMP. 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 and caps. Instructions for the pretreatment and the coating of XAD-2 adsorbent are presented in (d) of this subsection.

(b) Sampling tubes, similar to those recommended in this method, are marketed by Supelco, Inc. These tubes were not available when this work was initiated; therefore, they were not evaluated.

(26) Reagents: None required.

(27) Technique:

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

(b) Attach the sampling tube to the pump using a section of flexible plastic tubing such that the large, 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.

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

(d) 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.

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

(28) Breakthrough:

(a) Breakthrough was defined as the relative amount of analyte found on a backup sample in relation to the total amount of analyte collected on the sampling train.

(b) For formaldehyde collected from test atmospheres containing six times the PEL, the average five percent breakthrough air volume was 41 L. The sampling rate was 0.1 L/min and the average mass of formaldehyde collected was 250 ug.

(29) Desorption efficiency: No desorption efficiency corrections are necessary to compute air sample results because analytical standards are prepared using coated adsorbent. Desorption efficiencies were determined, however, to investigate the recoveries of the analytes from the sampling device. The average recovery over the range of 0.4 to 2 times the target concentration, based on the recommended air volumes, was 96.2% for formaldehyde. Desorption efficiencies were essentially constant over the ranges studied.

(30) Recommended air volume and sampling rate:

(a) The recommended air volume for formaldehyde is 24 L.

(b) The recommended sampling rate is 0.1 L/min.

(31) Interferences:

(a) Any collected substance that is capable of reacting with 2-HMP and thereby depleting the derivatizing agent is a potential interference. Chemicals which contain a carbonyl group, such as acetone, may be capable of reacting with 2-HMP.

(b) There are no other known interferences to the sampling method.

(32) Safety precautions:

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

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

(33) Analytical procedure.

(a) Apparatus:

(i) A gas chromatograph (GC), equipped with a nitrogen selective detector. A Hewlett-Packard model 5840A GC fitted with a nitrogen phosphorus flame ionization detector (NPD) was used for this evaluation. Injections were performed using a Hewlett-Packard model 7671A automatic sampler.

(ii) A GC column capable of resolving the analytes from any interference. A 6 ft x 1/4 in OD (2mm ID) glass GC column containing 10% UCON 50-HB-5100+ 2% KOH on 80/100 mesh Chromosorb W-AW was used for the evaluation. Injections were performed on-column.

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

(iv) Volumetric flasks, pipets, and syringes for preparing standards, making dilutions, and performing injections.

(b) Reagents:

(i) Toluene and dimethylformamide. Burdick and Jackson solvents were used in this evaluation.

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

(iii) Formaldehyde, thirty-seven percent by weight, in water. Aldrich Chemical, ACS Reagent Grade formaldehyde was used in this evaluation.

(iv) Amberlite XAD-2 adsorbent coated with 2-(hydroxymethyl) piperidine (2-HMP), 10% by weight ((d) of this subsection).

(v) Desorbing solution with internal standard. This solution was prepared by adding 20 uL of dimethylformamide to 100 mL of toluene.

(i) Formaldehyde: Prepare stock standards by diluting known volumes of thirty-seven percent formaldehyde solution with methanol. A procedure to determine the formaldehyde content of these standards is presented in (d) of this subsection. A standard containing 7.7 mg/mL formaldehyde was prepared by diluting 1 mL of the thirty-seven percent reagent to 50 mL with methanol.

(ii) It is recommended that analytical standards be prepared about sixteen hours before the air samples are to be analyzed in order to ensure the complete reaction of the analytes with 2-HMP. However, rate studies have shown the reaction to be greater than ninety-five percent complete after four hours. Therefore, one or two standards can be analyzed after this reduced time if sample results are outside the concentration range of the prepared standards.

(iii) Place 150-mg portions of coated XAD-2 adsorbent, from the same lot number as used to collect the air samples, into each of several glass 2-mL vials. Seal each vial with a Teflon-lined cap.

(iv) Prepare fresh analytical standards each day by injecting appropriate amounts of the diluted analyte directly onto 150-mg portions of coated adsorbent. It is permissible to inject both acrolein and formaldehyde on the same adsorbent portion. Allow the standards to stand at room temperature. A standard, approximately the target levels, was prepared by injecting 11 uL of the acrolein and 12 uL of the formaldehyde stock standards onto a single coated XAD-2 adsorbent portion.

(v) Prepare a sufficient number of standards to generate the calibration curves. Analytical standard concentrations should bracket sample concentrations. Thus, if samples are not in the concentration range of the prepared standards, additional standards must be prepared to determine detector response.

(vi) Desorb the standards in the same manner as the samples following the sixteen-hour reaction time.

(d) Sample preparation:

(i) Transfer the 150-mg section of the sampling tube to a 2-mL vial. Place the 75-mg section in a separate vial. If the glass wool plugs contain a significant number of adsorbent beads, place them with the appropriate sampling tube section. Discard the glass wool plugs if they do not contain a significant number of adsorbent beads.

(ii) Add 1 mL of desorbing solution 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 with vigorous force several times during the desorption time.

(iv) Save the used sampling tubes to be cleaned and recycled.

(e) Analysis:

(f) GC conditions.

(34) Column temperature:

(a) Bi-level temperature program.

(i) First level: 100°C to 140°C at 4°C/min following completion of the first level.

(ii) Second level: 140°C to 180°C at 20°C/min following completion of the first level.

(b) Isothermal period: Hold column at 180°C until the recorder pen returns to baseline (usually about twenty-five minutes after injection).

(d) Helium flow rate: 30 mL/min (detector response will be reduced if nitrogen is substituted for helium carrier gas).

(e) Injection volume: 51 0.8 uL.

(f) GC column: Six-ft x 1/4-in OD (2 mm ID) glass GC column containing 10% UCON 50-HB-5100NZG651+512% KOH on 80/100 Chromosorb W-AW.

(g) NPD conditions:

(i) Hydrogen flow rate: 3 mL/min.

(ii) Air flow rate: 50 mL/min.

(h) Detector temperature: 275 5151C.

(i) Use a suitable method, such as electronic integration, to measure detector response.

(ii) Use an internal standard method to prepare the calibration curve with several standard solutions of different concentrations. Prepare the calibration curve daily. Program the integrator to report results in ug/mL.

(iii) Bracket sample concentrations with standards.

(iv) Interferences (analytical).

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

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

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

(D) The coated adsorbent usually contains a very small amount of residual formaldehyde derivative.

(i) Calculations:

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

(iii) The acrolein and/or formaldehyde air concentration can be expressed using the following equation:

Mg/m3=(A)(B)/C.

where A=ug/mL from 3.7.2, B=desorption volume, and C=L of air sampled.

No desorption efficiency corrections are required.

(iv) The following equation can be used to convert results in mg/m51351 to ppm.

ppm=(mg/m3)(24.45)/MW

where mg/m3=result from 3.7.3, 24.45=molar volume of an ideal gas at 760 mm Hg and 25 5151C, MW=molecular weight (Formaldehyde=30.0).

(j) Backup data. Backup data on detection limits, reliable quantitation limits, sensitivity and precision of the analytical method, breakthrough, desorption efficiency, storage, reproducibility, and generation of test atmospheres are available in OSHA Method 52, developed by the Organics Methods Evaluation Branch, OSHA Analytical Laboratory, Salt Lake City, Utah.

(k) Procedure to coat XAD-2 adsorbent with 2-HMP:

(i) Apparatus: Soxhlet extraction apparatus, rotary evaporation apparatus, vacuum dessicator, 1-L vacuum flask, 1-L round-bottomed evaporative flask, 1-L Erlenmeyer flask, 250-mL Buchner funnel with a coarse fritted disc, etc.

(ii) Reagents:

(A) Methanol, isooctane, and toluene.

(B) (Hydroxymethyl) piperidine.

(C) Amberlite XAD-2 nonionic polymeric adsorbent, twenty to sixty mesh, Aldrich Chemical XAD-2 was used in this evaluation.

(l) Procedure: Weigh 125 g of crude XAD-2 adsorbent into a 1-L Erlenmeyer flask. Add about 200 mL of water to the flask and then swirl the mixture to wash the adsorbent. Discard any adsorbent that floats to the top of the water and then filter the mixture using a fritted Buchner funnel. Air dry the adsorbent for two minutes. Transfer the adsorbent back to the Erlenmeyer flask and then add about 200 mL of methanol to the flask. Swirl and then filter the mixture as before. Transfer the washed adsorbent back to the Erlenmeyer flask and then add about 200 mL of methanol to the flask. Swirl and then filter the mixture as before. Transfer the washed adsorbent to a 1-L round-bottomed evaporative flask, add 13 g of 2-HMP and then 200 mL of methanol, swirl the mixture and then allow it to stand for one hour. Remove the methanol at about 40°C and reduced pressure using a rotary evaporation apparatus. Transfer the coated adsorbent to a suitable container and store it in a vacuum desiccator at room temperature overnight. Transfer the coated adsorbent to a Soxhlet extractor and then extract the material with toluene for about twenty-four hours. Discard the contaminated toluene, add methanol in its place and then continue the Soxhlet extraction for an additional four hours. Transfer the adsorbent to a weighted 1-L round-bottom evaporative flask and remove the methanol using the rotary evaporation apparatus. Determine the weight of the adsorbent and then add an amount of 2-HMP, which is ten percent by weight of the adsorbent. Add 200 mL of methanol and then swirl the mixture. Allow the mixture to stand for one hour. Remove the methanol by rotary evaporation. Transfer the coated adsorbent to a suitable container and store it in a vacuum dessicator until all traces of solvents are gone. Typically, this will take two to three days. The coated adsorbent should be protected from contamination. XAD-2 adsorbent treated in this manner will probably not contain residual acrolein derivative. However, this adsorbent will often contain residual formaldehyde derivative levels of about 0.1 ug per 150 mg of adsorbent. If the blank values for a batch of coated adsorbent are too high, then the batch should be returned to the Soxhlet extractor, extracted with toluene again and then recoated. This process can be repeated until the desired blank levels are attained.

The coated adsorbent 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. A sufficient amount of each lot number of coated adsorbent should be retained to prepare analytical standards for use with air samples from that lot number.

(m) A procedure to determine formaldehyde by acid titration:

(i) Standardize the 0.1 N HC1 solution using sodium carbonate and methyl orange indicator.

(ii) Place 50 mL of 0.1 M sodium sulfite and three drops of thymophthalein indicator into a 250-mL Erlenmeyer flask. Titrate the contents of the flask to a colorless endpoint with 0.1 N HC1 (usually one or two drops is sufficient). Transfer 10 mL of the formaldehyde/methanol solution ((b)(iii)(A) of this subsection) into the same flask and titrate the mixture with 0.1 N HC1, again, to a colorless endpoint. The formaldehyde concentration of the standard may be calculated by the following equation:

Formaldehyde, mg/mL	=	acid titer x acid normality x 30.0
		mL of Sample

(iii) This method is based on the quantitative liberation of sodium hydroxide when formaldehyde reacts with sodium sulfite to form the formaldehyde-bisulfite addition product. The volume of sample may be varied depending on the formaldehyde content but the solution to be titrated must contain excess sodium sulfite. Formaldehyde solutions containing substantial amounts of acid or base must be neutralized before analysis.

AMENDATORY SECTION(Amending WSR 88-21-002, filed 10/6/88, effective 11/7/88)

WAC 296-62-07546Appendix C medical surveillance—Formaldehyde.

(1) Health hazards. The occupational health hazards of formaldehyde are primarily due to its toxic effects after inhalation, after direct contact with the skin or eyes by formaldehyde in liquid or vapor form, and after ingestion.

(2) Toxicology.

(a) Acute effects of exposure.

(i) Inhalation (breathing): Formaldehyde is highly irritating to the upper airways. The concentration of formaldehyde that is immediately dangerous to life and health is 100 ppm. Concentrations above 50 ppm can cause severe pulmonary reactions within minutes. These include pulmonary edema, pneumonia, and bronchial irritation which can result in death. Concentrations above 5 ppm readily cause lower airway irritation characterized by cough, chest tightness, and wheezing. There is some controversy regarding whether formaldehyde gas is a pulmonary sensitizer which can cause occupational asthma in a previously normal individual. Formaldehyde can produce symptoms of bronchial asthma in humans. The mechanism may be either sensitization of the individual by exposure to formaldehyde or direct irritation by formaldehyde in persons with preexisting asthma. Upper airway irritation is the most common respiratory effect reported by workers and can occur over a wide range of concentrations, most frequently above 1 ppm. However, airway irritation has occurred in some workers with exposures to formaldehyde as low as 0.1 ppm. Symptoms of upper airway irritation include dry or sore throat, itching and burning sensations of the nose, and nasal congestion. Tolerance to this level of exposure may develop within one to two hours. This tolerance can permit workers remaining in an environment of gradually increasing formaldehyde concentrations to be unaware of their increasingly hazardous exposure.

(ii) Eye contact: Concentrations of formaldehyde between 0.05 ppm and 0.5 ppm produce a sensation of irritation in the eyes with burning, itching, redness, and tearing. Increased rate of blinking and eye closure generally protects the eye from damage at these low levels, but these protective mechanisms may interfere with some workers' work abilities. Tolerance can occur in workers continuously exposed to concentrations of formaldehyde in this range. Accidental splash injuries of human eyes to aqueous solutions of formaldehyde (formalin) have resulted in a wide range of ocular injuries including corneal opacities and blindness. The severity of the reactions have been directly dependent on the concentration of formaldehyde in solution and the amount of time lapsed before emergency and medical intervention.

(iii) Skin contact: Exposure to formaldehyde solutions can cause irritation of the skin and allergic contact dermatitis. These skin diseases and disorders can occur at levels well below those encountered by many formaldehyde workers. Symptoms include erythema, edema, and vesiculation or hives. Exposure to liquid formalin or formaldehyde vapor can provoke skin reactions in sensitized individuals even when airborne concentrations of formaldehyde are well below 1 ppm.

(iv) Ingestion: Ingestion of as little as 30 ml of a thirty-seven percent solution of formaldehyde (formalin) can result in death. Gastrointestinal toxicity after ingestion is most severe in the stomach and results in symptoms which can include nausea, vomiting, and severe abdominal pain. Diverse damage to other organ systems including the liver, kidney, spleen, pancreas, brain, and central nervous systems can occur from the acute response to ingestion of formaldehyde.

(b) Chronic effects of exposure. Long-term exposure to formaldehyde has been shown to be associated with an increased risk of cancer of the nose and accessory sinuses, nasopharyngeal and oropharyngeal cancer, and lung cancer in humans. Animal experiments provide conclusive evidence of a causal relationship between nasal cancer in rats and formaldehyde exposure. Concordant evidence of carcinogenicity includes DNA binding, genotoxicity in short-term tests, and cytotoxic changes in the cells of the target organ suggesting both preneoplastic changes and a dose-rate effect. Formaldehyde is a complete carcinogen and appears to exert an effect on at least two stages of the carcinogenic process.

(3) Surveillance considerations.

(a) History.

(i) Medical and occupational history: Along with its acute irritative effects, formaldehyde can cause allergic sensitization and cancer. One of the goals of the work history should be to elicit information on any prior or additional exposure to formaldehyde in either the occupational or the nonoccupational setting.

(ii) Respiratory history: As noted above, formaldehyde has recognized properties as an airway irritant and has been reported by some authors as a cause of occupational asthma. In addition, formaldehyde has been associated with cancer of the entire respiratory system of humans. For these reasons, it is appropriate to include a comprehensive review of the respiratory system in the medical history. Components of this history might include questions regarding dyspnea on exertion, shortness of breath, chronic airway complaints, hyperreactive airway disease, rhinitis, bronchitis, bronchiolitis, asthma, emphysema, respiratory allergic reaction, or other preexisting pulmonary disease.

In addition, generalized airway hypersensitivity can result from exposures to a single sensitizing agent. The examiner should, therefore, elicit any prior history of exposure to pulmonary irritants, and any short-term or long-term effects of that exposure.

Smoking is known to decrease mucociliary clearance of materials deposited during respiration in the nose and upper airways. This may increase a worker's exposure to inhaled materials such as formaldehyde vapor. In addition, smoking is a potential confounding factor in the investigation of any chronic respiratory disease, including cancer. For these reasons, a complete smoking history should be obtained.

(iii) Skin disorders: Because of the dermal irritant and sensitizing effects of formaldehyde, a history of skin disorders should be obtained. Such a history might include the existence of skin irritation, previously documented skin sensitivity, and other dermatologic disorders. Previous exposure to formaldehyde and other dermal sensitizers should be recorded.

(iv) History of atopic or allergic diseases: Since formaldehyde can cause allergic sensitization of the skin and airways, it might be useful to identify individuals with prior allergen sensitization. A history of atopic disease and allergies to formaldehyde or any other substances should also be obtained. It is not definitely known at this time whether atopic diseases and allergies to formaldehyde or any other substances should also be obtained. Also it is not definitely known at this time whether atopic individuals have a greater propensity to develop formaldehyde sensitivity than the general population, but identification of these individuals may be useful for ongoing surveillance.

(v) Use of disease questionnaires: Comparison of the results from previous years with present results provides the best method for detecting a general deterioration in health when toxic signs and symptoms are measured subjectively. In this way recall bias does not affect the results of the analysis. Consequently, WISHA has determined that the findings of the medical and work histories should be kept in a standardized form for comparison of the year-to-year results.

(b) Physical examination.

(i) Mucosa of eyes and airways: Because of the irritant effects of formaldehyde, the examining physician should be alert to evidence of this irritation. A speculum examination of the nasal mucosa may be helpful in assessing possible irritation and cytotoxic changes, as may be indirect inspection of the posterior pharynx by mirror.

(ii) Pulmonary system: A conventional respiratory examination, including inspection of the thorax and auscultation and percussion of the lung fields should be performed as part of the periodic medical examination. Although routine pulmonary function testing is only required by the standard once every year for persons who are exposed over the TWA concentration limit, these tests have an obvious value in investigating possible respiratory dysfunction and should be used wherever deemed appropriate by the physician. In cases of alleged formaldehyde-induced airway disease, other possible causes of pulmonary dysfunction (including exposures to other substances) should be ruled out. A chest radiograph may be useful in these circumstances. In cases of suspected airway hypersensitivity or allergy, it may be appropriate to use bronchial challenge testing with formaldehyde or methacholine to determine the nature of the disorder. Such testing should be performed by or under the supervision of a physician experienced in the procedures involved.

(iii) Skin: The physician should be alert to evidence of dermal irritation of sensitization, including reddening and inflammation, urticaria, blistering, scaling, formation of skin fissures, or other symptoms. Since the integrity of the skin barrier is compromised by other dermal diseases, the presence of such disease should be noted. Skin sensitivity testing carries with it some risk of inducing sensitivity, and therefore, skin testing for formaldehyde sensitivity should not be used as a routine screening test. Sensitivity testing may be indicated in the investigation of a suspected existing sensitivity. Guidelines for such testing have been prepared by the North American Contact Dermatitis Group.

(4) Additional examinations or tests. The physician may deem it necessary to perform other medical examinations or tests as indicated. The standard provides a mechanism whereby these additional investigations are covered under the standard for occupational exposure to formaldehyde.

(5) Emergencies. The examination of workers exposed in an emergency should be directed at the organ systems most likely to be affected. Much of the content of the examination will be similar to the periodic examination unless the patient has received a severe acute exposure requiring immediate attention to prevent serious consequences. If a severe overexposure requiring medical intervention or hospitalization has occurred, the physician must be alert to the possibility of delayed symptoms. Followup nonroutine examinations may be necessary to ((assure))ensure the patient's well-being.

(6) Employer obligations. The employer is required to provide the physician with the following information: A copy of this standard and appendices A, C, D, and E; a description of the affected employee's duties as they relate to his or her exposure concentration; an estimate of the employee's exposure including duration (e.g., fifteen hr./wk., three eight-hour shifts, full-time); a description of any personal protective equipment, including respirators, used by the employee; and the results of any previous medical determinations for the affected employee related to formaldehyde exposure to the extent that this information is within the employer's control.

(7) Physician's obligations. The standard requires the employer to obtain a written statement from the physician. This statement must contain the physician's opinion as to whether the employee has any medical condition which would place ((him or her))them at increased risk of impaired health from exposure to formaldehyde or use of respirators, as appropriate. The physician must also state his opinion regarding any restrictions that should be placed on the employee's exposure to formaldehyde or upon the use of protective clothing or equipment such as respirators. If the employee wears a respirator as a result of his or her exposure to formaldehyde, the physician's opinion must also contain a statement regarding the suitability of the employee to wear the type of respirator assigned. Finally, the physician must inform the employer that the employee has been told the results of the medical examination and of any medical conditions which require further explanation or treatment. This written opinion is not to contain any information on specific findings or diagnoses unrelated to occupational exposure to formaldehyde.

The purpose in requiring the examining physician to supply the employer with a written opinion is to provide the employer with a medical basis to assist the employer in placing employees initially, in ((assuring))ensuring that their health is not being impaired by formaldehyde, and to assess the employee's ability to use any required protective equipment.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-07601Scope and application.

(1) WAC 296-62-076 applies to all occupational exposures to MDA, Chemical Abstracts Service Registry No. 101-77-9, except as provided in subsections (2) through (7) of this section.

(2) Except as provided in subsection (8) of this section and WAC 296-62-07609(5), this section does not apply to the processing, use, and handling of products containing MDA where initial monitoring indicates that the product is not capable of releasing MDA in excess of the action level under the expected conditions of processing, use, and handling which will cause the greatest possible release; and where no "dermal exposure to MDA" can occur.

(3) Except as provided in subsection (8) of this section, WAC 296-62-076 does not apply to the processing, use, and handling of products containing MDA where objective data are reasonably relied upon which demonstrate the product is not capable of releasing MDA under the expected conditions of processing, use, and handling which will cause the greatest possible release; and where no "dermal exposure to MDA" can occur.

(4) WAC 296-62-076 does not apply to the storage, transportation, distribution, or sale of MDA in intact containers sealed in such a manner as to contain the MDA dusts, vapors, or liquids, except for the provisions of WAC ((296-62-054,)) 296-62-07607 and 296-901-140.

(5) WAC 296-62-076 does not apply to the construction industry as defined in WAC 296-155-012(((6))). (Exposure to MDA in the construction industry is covered by WAC 296-155-173.)

(6) Except as provided in subsection (8) of this section, WAC 296-62-076 does not apply to materials in any form which contain less than 0.1% MDA by weight or volume.

(7) Except as provided in subsection (8) of this section, WAC 296-62-076 does not apply to "finished articles containing MDA."

(8) Where products containing MDA are exempted under subsections (2) through (7) of this section, the employer ((shall))must maintain records of the initial monitoring results or objective data supporting that exemption and the basis for the employer's reliance on the data, as provided in the recordkeeping provision of WAC 296-62-07631.

AMENDATORY SECTION(Amending WSR 93-04-111, filed 2/3/93, effective 3/15/93)

WAC 296-62-07603Definitions.

For the purpose of WAC 296-62-076, the following definitions shall apply:

(((1) "Action level" means))Action level. A concentration of airborne MDA of 5 ppb as an 8-hour time-weighted average.

(((2) "Authorized person" means))Authorized person. Any person specifically authorized by the employer whose duties require the person to enter a regulated area, or any person entering such an area as a designated representative of employees, for the purpose of exercising the right to observe monitoring and measuring procedures under WAC 296-62-07633 of WAC 296-62-076, or any other person authorized by WISHA or regulations issued by WISHA.

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

(((4) "Dermal exposure to MDA"))Dermal exposure to MDA. Occurs where employees are engaged in the handling, application, or use of mixtures or materials containing MDA, with any of the following nonairborne forms of MDA:

(a) Liquid, powdered, granular, or flaked mixtures containing MDA in concentrations greater than 0.1% by weight or volume; and

(b) Materials other than "finished articles" containing MDA in concentrations greater than 0.1% by weight or volume.

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

(((6) "Emergency" means))Emergency. Any occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which results in an unexpected and potentially hazardous release of MDA.

(((7) "Employee exposure" means))Employee exposure. Exposure to MDA which would occur if the employee were not using respirators or protective work clothing and equipment.

(((8) "Finished article containing MDA" is defined as))Finished article containing MDA. Is a manufactured item:

(a) Which is formed to a specific shape or design during manufacture;

(b) Which has end use function(s) dependent in whole or part upon its shape or design during end use; and

(c) Where applicable, is an item which is fully cured by virtue of having been subjected to the conditions (temperature, time) necessary to complete the desired chemical reaction.

(((9) "4,4' methylenedianiline" or "MDA" means))4,4' methylenedianiline or MDA. The chemical 4,4'- diaminodiphenylmethane, Chemical Abstract Service Registry number 101-77-9, in the form of a vapor, liquid, or solid. The definition also includes the salts of MDA.

(((10) "Regulated areas" means))Regulated areas. Areas where airborne concentrations of MDA exceed or can reasonably be expected to exceed, the permissible exposure limits, or where dermal exposure to MDA can occur.

(((11) "STEL" means))STEL. Short-term exposure limit as determined by any 15 minute sample period.

AMENDATORY SECTION(Amending WSR 93-04-111, filed 2/3/93, effective 3/15/93)

WAC 296-62-07605Permissible exposure limits (PEL).

The employer ((shall assure))must ensure that no employee is exposed to an airborne concentration of MDA in excess of ten parts per billion (10 ppb) as an 8-hour time-weighted average or a STEL of 100 ppb.

AMENDATORY SECTION(Amending WSR 93-04-111, filed 2/3/93, effective 3/15/93)

WAC 296-62-07607Emergency situations.

(1) Written plan.

(b) The plan ((shall))must specifically provide that employees engaged in correcting emergency conditions ((shall))must be equipped with the appropriate personal protective equipment and clothing as required in WAC 296-62-07615 and 296-62-07617 until the emergency is abated.

(c) The plan ((shall))must specifically include provisions for alerting and evacuating affected employees as well as the elements prescribed in chapter 296-24 WAC, Part G-1, "Employee emergency plans and fire prevention plans."

(2) Alerting employees. Where there is the possibility of employee exposure to MDA due to an emergency, means ((shall))must be developed to alert promptly those employees who have the potential to be directly exposed. Affected employees not engaged in correcting emergency conditions ((shall))must be evacuated immediately in the event that an emergency occurs. Means ((shall))must also be developed and implemented for alerting other employees who may be exposed as a result of the emergency.

AMENDATORY SECTION(Amending WSR 93-04-111, filed 2/3/93, effective 3/15/93)

WAC 296-62-07609Exposure monitoring.

(1) General.

(a) Determinations of employee exposure ((shall))must be made from breathing zone air samples that are representative of each employee's exposure to airborne MDA over an eight-hour period. Determination of employee exposure to the STEL ((shall))must be made from breathing zone air samples collected over a fifteen minute sampling period.

(b) Representative employee exposure ((shall))must be determined on the basis of one or more samples representing full shift exposure for each shift for each job classification in each work area where exposure to MDA may occur.

(c) Where the employer can document that exposure levels are equivalent for similar operations in different work shifts, the employer shall only be required to determine representative employee exposure for that operation during one shift.

(2) Initial monitoring. Each employer who has a workplace or work operation covered by this standard ((shall))must perform initial monitoring to determine accurately the airborne concentrations of MDA to which employees may be exposed.

(3) Periodic monitoring and monitoring frequency.

(a) If the monitoring required by subsection (2) of this section reveals employee exposure at or above the action level, but at or below the PELs, the employer ((shall))must repeat such representative monitoring for each such employee at least every six months.

(b) If the monitoring required by subsection (2) of this section reveals employee exposure above the PELs, the employer ((shall))must repeat such monitoring for each such employee at least every three months.

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

(4) Termination of monitoring.

(a) If the initial monitoring required by subsection (2) of this section reveals employee exposure to be below the action level, the employer may discontinue the monitoring for that employee, except as otherwise required by subsection (5) of this section.

(b) If the periodic monitoring required by subsection (3) of this section 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 subsection (5) of this section.

(5) Additional monitoring. The employer ((shall))must institute the exposure monitoring required under subsections (2) and (3) of this section when there has been a change in production process, chemicals present, control equipment, personnel, or work practices which may result in new or additional exposures to MDA, or when the employer has any reason to suspect a change which may result in new or additional exposures.

(6) Accuracy of monitoring. Monitoring ((shall))must be accurate, to a confidence level of ninety-five percent, to within plus or minus twenty-five percent for airborne concentrations of MDA.

(7) Employee notification of monitoring results.

(a) The employer ((shall))must, 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.

(b) The written notification required by subdivision (a) of this subsection ((shall))must contain the corrective action being taken by the employer to reduce the employee exposure to or below the PELs, wherever the PELs are exceeded.

(8) Visual monitoring. The employer ((shall))must make routine inspections of employee hands, face, and forearms potentially exposed to MDA. Other potential dermal exposures reported by the employee must be referred to the appropriate medical personnel for observation. If the employer determines that the employee has been exposed to MDA the employer ((shall))must:

(a) Determine the source of exposure;

(b) Implement protective measures to correct the hazard; and

AMENDATORY SECTION(Amending WSR 93-04-111, filed 2/3/93, effective 3/15/93)

WAC 296-62-07611Regulated areas.

(1) Establishment.

(a) Airborne exposures. The employer ((shall))must establish regulated areas where airborne concentrations of MDA exceed or can reasonably be expected to exceed, the permissible exposure limits.

(b) Dermal exposures. Where employees are subject to dermal exposure to MDA the employer ((shall))must establish those work areas as regulated areas.

(2) Demarcation. Regulated areas ((shall))must be demarcated from the rest of the workplace in a manner that minimizes the number of persons potentially exposed.

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

(4) Personal protective equipment and clothing. Each person entering a regulated area ((shall))must be supplied with, and required to use, the appropriate personal protective clothing and equipment in accordance with WAC 296-62-07615 and 296-62-07617.

(5) Prohibited activities. The employer ((shall))must ensure that employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in regulated areas.

AMENDATORY SECTION(Amending WSR 93-04-111, filed 2/3/93, effective 3/15/93)

WAC 296-62-07613Methods of compliance.

(1) Engineering controls and work practices.

(a) The employer ((shall))must institute engineering controls and work practices to reduce and maintain employee exposure to MDA at or below the PELs except to the extent that the employer can establish that these controls are not feasible or where the provisions of subdivision (b) of this subsection or WAC 296-62-07615(1) apply.

(b) 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))must use them to reduce employee exposure to the lowest levels achievable by these controls and ((shall))must supplement them by the use of respiratory protective devices which comply with the requirements of WAC 296-62-07615.

(2) Compliance program.

(a) The employer ((shall))must establish and implement a written program to reduce employee exposure to or below the PELs by means of engineering and work practice controls, as required by subsection (1) of this section, and by use of respiratory protection where permitted under WAC 296-62-076. The program ((shall))must include a schedule for periodic maintenance (e.g., leak detection) and ((shall))must include the written plan for emergency situations as specified in WAC 296-62-07607.

(b) Upon request this written program ((shall))must be furnished for examination and copying to the director, affected employees, and designated employee representatives. The employer ((shall))must review and, as necessary, update such plans at least once every twelve months to make certain they reflect the current status of the program.

(3) Employee rotation. Employee rotation ((shall))must not be permitted as a means of reducing exposure.

AMENDATORY SECTION(Amending WSR 09-15-145, filed 7/21/09, effective 9/1/09)

WAC 296-62-07615Respiratory protection.

(1) General. For employees who use respirators required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this subsection. Respirators must be used during:

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

(b) Work operations for which the employer establishes that engineering and work-practice controls are not feasible;

(c) Work operations for which feasible engineering and work-practice controls are not yet sufficient to reduce exposure to or below the PEL;

(d) Emergencies.

(2) Respirator program. The employer must develop, implement and maintain a respiratory protection program as required by chapter 296-842 WAC, Respirators, which covers each employee required by this chapter to use a respirator.

(3) Respirator selection.

(a) The employer must select and provide to employees appropriate respirators as specified in this section and WAC 296-842-13005 in the respirator rule.

(b) Any employee who cannot use a negative-pressure respirator must be given the option of using a positive-pressure respirator, or a supplied-air respirator operated in the continuous-flow or pressure-demand mode.

(c) Provide HEPA filters or N-, R-, or P-100 filters for powered air-purifying respirators (PAPRs) and negative-pressure air-purifying respirators.

(d) Provide to employees, for escape, one of the following respirator options:

(i) Any self-contained breathing apparatus with a full-facepiece or hood, operated in the positive-pressure or continuous-flow mode; or

(ii) A full-facepiece air-purifying respirator.

(e) Provide a combination HEPA filter (or N-, R-, or P-100 filter) and organic vapor canister or cartridge with air-purifying respirators when MDA is in liquid form or used as part of a process requiring heat.

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

WAC 296-62-07617Protective work clothing and equipment.

(1) Provision and use. Where employees are subject to dermal exposure to MDA, where liquids containing MDA can be splashed into the eyes, or where airborne concentrations of MDA are in excess of the PEL, the employer ((shall))must provide, at no cost to the employee, and ensure that the employee uses, appropriate protective work clothing and equipment which prevent contact with MDA such as, but not limited to:

(a) Aprons, coveralls, or other full-body work clothing;

(b) Gloves, head coverings, and foot coverings; and

(d) Other appropriate protective equipment which comply with WAC 296-800-160.

(2) Removal and storage.

(a) The employer ((shall))must ensure that, at the end of their work shift, employees remove MDA-contaminated protective work clothing and equipment that is not routinely removed throughout the day in change rooms provided in accordance with the provisions established for change rooms.

(b) The employer ((shall))must ensure that, during their work shift, employees remove all other MDA-contaminated protective work clothing or equipment before leaving a regulated area.

(c) The employer ((shall))must ensure that no employee takes MDA-contaminated work clothing or equipment out of the change room, except those employees authorized to do so for the purpose of laundering, maintenance, or disposal.

(d) MDA-contaminated work clothing or equipment ((shall))must be placed and stored in closed containers which prevent dispersion of the MDA outside the container.

(e) Containers of MDA-contaminated protective work clothing or equipment which are to be taken out of change rooms or the workplace for cleaning, maintenance, or disposal ((shall))must bear labels warning of the hazards of MDA.

(3) Cleaning and replacement.

(a) The employer ((shall))must provide the employee with clean protective clothing and equipment. The employer ((shall))must ensure that protective work clothing or equipment required by this paragraph is cleaned, laundered, repaired, or replaced at intervals appropriate to maintain its effectiveness.

(b) The employer ((shall))must prohibit the removal of MDA from protective work clothing or equipment by blowing, shaking, or any methods which allow MDA to reenter the workplace.

(c) The employer ((shall))must ensure that laundering of MDA-contaminated clothing shall be done so as to prevent the release of MDA in the workplace.

(d) Any employer who gives MDA-contaminated clothing to another person for laundering ((shall))must inform such person of the requirement to prevent the release of MDA.

(e) The employer ((shall))must inform any person who launders or cleans protective clothing or equipment contaminated with MDA of the potentially harmful effects of exposure.

(f) MDA-contaminated clothing ((shall))must be transported in properly labeled, sealed, impermeable bags or containers.

AMENDATORY SECTION(Amending WSR 01-17-033, filed 8/8/01, effective 9/1/01)

WAC 296-62-07619Hygiene facilities and practices.

(1) Change rooms.

(a) The employer ((shall))must provide clean change rooms for employees, who must wear protective clothing, or who must use protective equipment because of their exposure to MDA.

(b) Change rooms must be equipped with separate storage for protective clothing and equipment and for street clothes which prevents MDA contamination of street clothes.

(2) Showers.

(a) The employer ((shall))must ensure that employees, who work in areas where there is the potential for exposure resulting from airborne MDA (e.g., particulates or vapors) above the action level, shower at the end of the work shift.

(i) Shower facilities required by this section ((shall))must comply with WAC ((296-24-12010))296-800-23065.

(ii) The employer ((shall))must ensure that employees who are required to shower pursuant to the provisions contained herein do not leave the workplace wearing any protective clothing or equipment worn during the work shift.

(b) Where dermal exposure to MDA occurs, the employer ((shall))must ensure that materials spilled or deposited on the skin are removed as soon as possible by methods which do not facilitate the dermal absorption of MDA.

(3) Lunch facilities.

(a) Availability and construction.

(i) Whenever food or beverages are consumed at the worksite and employees are exposed to MDA at or above the PEL or are subject to dermal exposure to MDA the employer ((shall))must provide readily accessible lunch areas.

(ii) Lunch areas located within the workplace and in areas where there is the potential for airborne exposure to MDA at or above the PEL ((shall))must have a positive pressure, temperature controlled, filtered air supply.

(iii) Lunch areas may not be located in areas within the workplace where the potential for dermal exposure to MDA exists.

(b) The employer ((shall))must ensure that employees who have been subjected to dermal exposure to MDA or who have been exposed to MDA above the PEL wash their hands and faces with soap and water prior to eating, drinking, smoking, or applying cosmetics.

(c) The employer ((shall))must ensure that employees exposed to MDA do not enter lunch facilities with MDA-contaminated protective work clothing or equipment.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-07621Communication of hazards.

(1) Hazard communication - General.

(a) Chemical manufacturers, importers, distributors, and employers ((shall))must comply with all requirements of the Hazard Communication Standard (HCS), WAC 296-901-140 for MDA.

(b) In classifying the hazards of MDA at least the following hazards are to be addressed: Cancer; liver effects; and skin sensitization.

(c) Employers ((shall))must include MDA in the hazard communication program established to comply with the HCS, WAC 296-901-140. Employers shall ensure that each employee has access to labels on containers of MDA and to safety data sheets, and is trained in accordance with the requirements of HCS and subsection (4) of this section.

(2) Signs and labels.

(((a) Signs.

(i))) The employer ((shall))must post and maintain legible signs demarcating regulated areas and entrances or accessways to regulated areas that bear the following legend:

DANGER MDA MAY CAUSE CANCER

CAUSES DAMAGE TO THE LIVER

RESPIRATORY PROTECTION AND PROTECTIVE CLOTHING

MAY BE REQUIRED TO BE WORN IN THIS AREA

(((ii) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in (a)(i) of this subsection:

DANGER MDA MAY CAUSE CANCER LIVER TOXIN

AUTHORIZED PERSONNEL ONLY

RESPIRATORS AND PROTECTIVE CLOTHING

MAY BE REQUIRED TO BE WORN IN THIS AREA

(b) Labels. Prior to June 1, 2015, employers may include the following information workplace labels in lieu of the labeling requirements in subsection (1) of this section:

(i) For pure MDA:

DANGER CONTAINS MDA MAY CAUSE CANCER LIVER TOXIN

(ii) For mixtures containing MDA:

DANGER CONTAINS MDA CONTAINS MATERIALS

WHICH MAY CAUSE CANCER LIVER TOXIN))

(3) Safety data sheets (SDS). In meeting the obligation to provide safety data sheets, employers ((shall))must make appropriate use of the information found in Appendices A and B to WAC 296-62-076.

(4) Information and training.

(a) The employer ((shall))must provide employees with information and training on MDA, in accordance with WAC 296-901-14016, at the time of initial assignment and at least annually thereafter.

(b) In addition to the information required under WAC 296-901-140, the employer ((shall))must:

(i) Provide an explanation of the contents of WAC 296-62-076, including Appendices A and B, and indicate to employees where a copy of the standard is available;

(ii) Describe the medical surveillance program required under WAC 296-62-07625, and explain the information contained in Appendix C; and

(iii) Describe the medical removal provision required under WAC ((296-62-07625))296-62-07627 and 296-62-07629.

(5) Access to training materials.

(a) The employer ((shall))must make readily available to all affected employees, without cost, all written materials relating to the employee training program, including a copy of this regulation.

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

AMENDATORY SECTION(Amending WSR 93-04-111, filed 2/3/93, effective 3/15/93)

WAC 296-62-07623Housekeeping.

(1) All surfaces ((shall))must be maintained as free as practicable of visible accumulations of MDA.

(2) The employer ((shall))must institute a program for detecting MDA leaks, spills, and discharges, including regular visual inspections of operations involving liquid or solid MDA.

(3) All leaks ((shall))must be repaired and liquid or dust spills cleaned up promptly.

(4) Surfaces contaminated with MDA may not be cleaned by the use of compressed air.

(5) Shoveling, dry sweeping, and other methods of dry clean-up of MDA may be used where HEPA-filtered vacuuming and/or wet cleaning are not feasible or practical.

(6) Waste, scrap, debris, bags, containers, equipment, and clothing contaminated with MDA ((shall))must be collected and disposed of in a manner to prevent the reentry of MDA into the workplace.

AMENDATORY SECTION(Amending WSR 93-04-111, filed 2/3/93, effective 3/15/93)

WAC 296-62-07625Medical surveillance.

(1) General.

(a) The employer ((shall))must make available a medical surveillance program for employees exposed to MDA:

(i) Employees exposed at or above the action level for thirty or more days per year;

(ii) Employees who are subject to dermal exposure to MDA for fifteen or more days per year;

(iii) Employees who have been exposed in an emergency situation;

(iv) Employees whom the employer, based on results from compliance with WAC 296-62-07609(8), has reason to believe are being dermally exposed; and

(v) Employees who show signs or symptoms of MDA exposure.

(b) The employer ((shall))must ensure that all medical examinations and procedures are performed by, or under the supervision of, a licensed physician, at a reasonable time and place, and provided without cost to the employee.

(2) Initial examinations.

(a) Within one hundred fifty days of the effective date of this standard, or before the time of initial assignment, the employer ((shall))must provide each employee covered by subdivision (1)(a) of this section with a medical examination including the following elements:

(i) A detailed history which includes:

(A) Past work exposure to MDA or any other toxic substances;

(B) A history of drugs, alcohol, tobacco, and medication routinely taken (duration and quantity); and

(ii) A physical examination which includes all routine physical examination parameters, skin examination, and signs of liver disease.

(iii) Laboratory tests including:

(A) Liver function tests; and

(B) Urinalysis.

(iv) Additional tests as necessary in the opinion of the physician.

(b) No initial medical examination is required if adequate records show that the employee has been examined in accordance with the requirements of WAC 296-62-076 within the previous six months prior to the effective date of this standard or prior to the date of initial assignment.

(3) Periodic examinations.

(a) The employer ((shall))must provide each employee covered by WAC 296-62-076 with a medical examination at least annually following the initial examination. These periodic examinations ((shall))must include at least the following elements:

(i) A brief history regarding any new exposure to potential liver toxins, changes in drug, tobacco, and alcohol intake, and the appearance of physical signs relating to the liver and the skin;

(ii) The appropriate tests and examinations including liver function tests and skin examinations; and

(iii) Appropriate additional tests or examinations as deemed necessary by the physician.

(b) If in the physicians' opinion the results of liver function tests indicate an abnormality, the employee ((shall))must be removed from further MDA exposure in accordance with WAC 296-62-07627 and 296-62-07629. Repeat liver function tests ((shall))must be conducted on advice of the physician.

(4) Emergency examinations. If the employer determines that the employee has been exposed to a potentially hazardous amount of MDA in an emergency situation as addressed in WAC 296-62-07607, the employer ((shall))must provide medical examinations in accordance with subsection (3) of this section. If the results of liver function testing indicate an abnormality, the employee ((shall))must be removed in accordance with WAC 296-62-07627 and 296-62-07629. Repeat liver function tests ((shall))must be conducted on the advice of the physician. If the results of the tests are normal, tests must be repeated two to three weeks from the initial testing. If the results of the second set of tests are normal and on the advice of the physician, no additional testing is required.

(5) Additional examinations. Where the employee develops signs and symptoms associated with exposure to MDA, the employer shall provide the employee with an additional medical examination including a liver function test. Repeat liver function tests ((shall))must be conducted on the advice of the physician. If the results of the tests are normal, tests must be repeated two to three weeks from the initial testing. If the results of the second set of tests are normal and, on the advice of the physician, no additional testing is required.

(6) Multiple physician review mechanism.

(a) If the employer selects the initial physician who conducts any medical examination or consultation provided to an employee under WAC 296-62-076, and the employee has signs or symptoms of occupational exposure to MDA (which could include an abnormal liver function test), and the employee disagrees with the opinion of the examining physician, and this opinion could affect the employee's job status, the employee may designate an appropriate, mutually acceptable second physician:

(i) To review any findings, determinations, or recommendations of the initial physician; and

(ii) To conduct such examinations, consultations, and laboratory tests as the second physician deems necessary to facilitate this review.

(b) The employer ((shall))must promptly notify an employee of the right to seek a second medical opinion after each occasion that an initial physician conducts a medical examination or consultation pursuant to WAC 296-62-076. The employer may condition its participation in, and payment for, the multiple physician review mechanism upon the employee doing the following within fifteen days after receipt of the foregoing notification, or receipt of the initial physician's written opinion, whichever is later:

(i) The employee informing the employer that he or she intends to seek a second medical opinion; and

(ii) The employee initiating steps to make an appointment with a second physician.

(d) If the two physicians have been unable to resolve quickly their disagreement, then the employer and the employee through their respective physicians ((shall))must designate a third physician:

(i) To review any findings, determinations, or recommendations of the prior physicians; and

(ii) To conduct such examinations, consultations, laboratory tests, and discussions with the prior physicians as the third physician deems necessary to resolve the disagreement of the prior physicians.

(e) The employer ((shall))must act consistent with the findings, determinations, and recommendations of the third physician, unless the employer and the employee reach an agreement which is otherwise consistent with the recommendations of at least one of the three physicians.

(7) Information provided to the examining and consulting physicians.

(a) The employer ((shall))must 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 potential exposure to MDA;

(iii) The employee's current actual or representative MDA 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.

(b) The employer ((shall))must provide the foregoing information to a second physician under this section upon request either by the second physician or by the employee.

(8) Physician's written opinion.

(a) For each examination under WAC 296-62-076, the employer ((shall))must obtain, and provide the employee with a copy of, the examining physician's written opinion within fifteen days of its receipt. The written opinion ((shall))must include the following:

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

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

(iii) The physician's recommended limitations upon the employee's exposure to MDA or upon the employee's use of protective clothing or equipment and respirators; and

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

(b) The written opinion obtained by the employer ((shall))must not reveal specific findings or diagnoses unrelated to occupational exposures.

AMENDATORY SECTION(Amending WSR 93-04-111, filed 2/3/93, effective 3/15/93)

WAC 296-62-07627Medical removal—Temporary medical removal of an employee.

Temporary medical removal of an employee.

(1) Temporary removal resulting from occupational exposure. The employee ((shall))must be removed from work environments in which exposure to MDA is at or above the action level or where dermal exposure to MDA may occur, following an initial examination (WAC 296-62-07625(2)), periodic examinations (WAC 296-62-07625(3)), an emergency situation (WAC 296-62-07625(4)), or an additional examination (WAC 296-62-07625(5)) in the following circumstances:

(a) When the employee exhibits signs and/or symptoms indicative of acute exposure to MDA; or

(b) When the examining physician determines that an employee's abnormal liver function tests are not associated with MDA exposure but that the abnormalities may be exacerbated as a result of occupational exposure to MDA.

(i) The employer ((shall))must remove an employee from work environments in which exposure to MDA is at or above the action level or where dermal exposure to MDA may occur, on each occasion that there is a final medical determination or opinion that the employee has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to MDA.

(ii) For the purposes of WAC 296-62-076, the phrase "final medical determination" shall mean the outcome of the physician review mechanism used pursuant to the medical surveillance provisions of this section.

(iii) Where a final medical determination results in any recommended special protective measures for an employee, or limitations on an employee's exposure to MDA, the employer ((shall))must implement and act consistent with the recommendation.

(2) Return of the employee to former job status.

(a) The employer ((shall))must return an employee to ((his or her))their former job status:

(i) When the employee no longer shows signs or symptoms of exposure to MDA or upon the advice of the physician.

(ii) When a subsequent final medical determination results in a medical finding, determination, or opinion that the employee no longer has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to MDA.

(b) For the purposes of this section, the requirement that an employer return an employee to ((his or her))their former job status is not intended to expand upon or restrict any rights an employee has or would have had, absent temporary medical removal, to a specific job classification or position under the terms of a collective bargaining agreement.

(3) Removal of other employee special protective measure or limitations. The employer ((shall))must remove any limitations placed on an employee, or end any special protective measures provided to an employee, pursuant to a final medical determination, when a subsequent final medical determination indicates that the limitations or special protective measures are no longer necessary.

(4) Employer options pending a final medical determination. Where the physician review mechanism used pursuant to the medical surveillance provisions of WAC 296-62-076, has not yet resulted in a final medical determination with respect to an employee, the employer ((shall))must act as follows:

(a) Removal. The employer may remove the employee from exposure to MDA, provide special protective measures to the employee, or place limitations upon the employee, consistent with the medical findings, determinations, or recommendations of any of the physicians who have reviewed the employee's health status.

(b) Return. The employer may return the employee to ((his or her))their former job status, and end any special protective measures provided to the employee, consistent with the medical findings, determinations, or recommendations of any of the physicians who have reviewed the employee's health status, with two exceptions.

(i) If the initial removal, special protection, or limitation of the employee resulted from a final medical determination which differed from the findings, determinations, or recommendations of the initial physician; or

(ii) If the employee has been on removal status for the preceding six months as a result of exposure to MDA, then the employer ((shall))must await a final medical determination.

AMENDATORY SECTION(Amending WSR 93-04-111, filed 2/3/93, effective 3/15/93)

WAC 296-62-07629Medical removal protection benefits.

(1) Provisions of medical removal protection benefits. The employer ((shall))must provide to an employee up to six months of medical removal protection benefits on each occasion that an employee is removed from exposure to MDA or otherwise limited pursuant to this section.

(2) Definition of medical removal protection benefits. For the purposes of this section, the requirement that an employer provide medical removal protection benefits means that the employer ((shall))must maintain the earnings, seniority, and other employment rights and benefits of an employee as though the employee had not been removed from normal exposure to MDA or otherwise limited.

(3) Follow-up medical surveillance during the period of employee removal or limitations. During the period of time that an employee is removed from normal exposure to MDA or otherwise limited, the employer may condition the provision of medical removal protection benefits upon the employee's participation in follow-up medical surveillance made available pursuant to WAC 296-62-076.

(4) Workers' compensation claims. If a removed employee files a claim for workers' compensation payments for an MDA-related disability, then the employer ((shall))must continue to provide medical removal protection benefits pending disposition of the claim. To the extent that an award is made to the employee for earnings lost during the period of removal, the employer's medical removal protection obligation ((shall))must be reduced by such amount. The employer ((shall))must receive no credit for workers' compensation payments received by the employee for treatment-related expenses.

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

(6) Employees who do not recover within the six months of removal. The employer ((shall))must take the following measures with respect to any employee removed from exposure to MDA:

(a) The employer ((shall))must make available to the employee a medical examination pursuant to this section to obtain a final medical determination with respect to the employee;

(b) The employer ((shall assure))must ensure that the final medical determination obtained indicates whether or not the employee may be returned to ((his or her))their former job status, and, if not, what steps should be taken to protect the employee's health;

(c) Where the final medical determination has not yet been obtained, or, once obtained indicates that the employee may not yet be returned to ((his or her))their former job status, the employer ((shall))must continue to provide medical removal protection benefits to the employee until either the employee is returned to former job status, or a final medical determination is made that the employee is incapable of ever safely returning to ((his or her))their former job status; and

(d) Where the employer acts pursuant to a final medical determination which permits the return of the employee to ((his or her))their former job status, despite what would otherwise be an abnormal liver function test, later questions concerning removing the employee again ((shall))must be decided by a final medical determination. The employer need not automatically remove such an employee pursuant to the MDA removal criteria provided by WAC 296-62-076.

(7) Voluntary removal or restriction of an employee. Where an employer, although not required by WAC 296-62-076 to do so, removes an employee from exposure to MDA or otherwise places limitations on an employee due to the effects of MDA exposure on the employee's medical condition, the employer ((shall))must provide medical removal protection benefits to the employee equal to that required by this section.

AMENDATORY SECTION(Amending WSR 12-24-071, filed 12/4/12, effective 1/4/13)

WAC 296-62-07631Recordkeeping.

(1) Monitoring data for exempted employers.

(a) Where as a result of the initial monitoring the processing, use, or handling of products made from or containing MDA are exempted from other requirements of this section under WAC 296-62-07601(2), the employer ((shall))must establish and maintain an accurate record of monitoring relied on 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 monitoring data (e.g., was monitoring performed by the employer or a private contractor);

(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 (e.g., are the monitoring data representative of the conditions at the affected facility); and

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

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

(2) Objective data for exempted employers.

(a) Where the processing, use, or handling of products made from or containing MDA are exempted from other requirements of WAC 296-62-076 under WAC 296-62-07601, the employer ((shall))must establish and maintain an accurate record of objective data relied upon in support of the exemption.

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

(3) Exposure measurements.

(a) The employer ((shall))must establish and maintain an accurate record of all measurements required by WAC 296-62-07609, in accordance with ((Part B of this)) chapter 296-802 WAC.

(b) This record shall include:

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

(ii) Identification of the sampling and analytical methods used;

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

(iv) 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.

(c) The employer ((shall))must maintain this record for at least 30 years, in accordance with ((Part B of this chapter))WAC 296-802-20010.

(4) Medical surveillance.

(a) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance required by WAC 296-62-07625, 296-62-07627, and 296-62-07629, in accordance with ((Part B of this)) chapter 296-802 WAC.

(b) This record ((shall))must include:

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

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

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

(iv) Any employee medical complaints related to exposure to MDA.

(i) A copy of this standard and its appendices, except that the employer may keep one copy of the standard and its appendices for all employees provided the employer references the standard and its appendices in the medical surveillance record of each employee;

(ii) A copy of the information provided to the physician as required by any sections in the regulatory text;

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

(iv) A copy of the employee's medical and work history related to exposure to MDA.

(d) The employer ((shall))must maintain this record for at least the duration of employment plus thirty years, in accordance with ((Part B of this)) chapter 296-802 WAC.

(5) Medical removals.

(a) The employer ((shall))must establish and maintain an accurate record for each employee removed from current exposure to MDA pursuant to WAC 296-62-07625, 296-62-07627, and 296-62-07629.

(b) Each record ((shall))must include:

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

(ii) The date of each occasion that the employee was removed from current exposure to MDA as well as the corresponding date on which the employee was returned to ((his or her))their former job status;

(iii) A brief explanation of how each removal was or is being accomplished; and

(iv) A statement with respect to each removal indicating the reason for the removal.

(c) The employer ((shall))must maintain each medical removal record for at least the duration of an employee's employment plus thirty years.

(6) Availability.

(a) The employer ((shall assure))must ensure that records required to be maintained by ((WAC 296-62-076 shall))chapter 296-802 WAC must be made available, upon request, to the director for examination and copying.

(b) Employee exposure monitoring records required by WAC 296-62-076 ((shall))must be provided upon request for examination and copying to employees, employee representatives, and the director in accordance with the applicable sections of ((WAC 296-800-170))chapter 296-800 WAC.

(c) Employee medical records required by this section ((shall))must 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 ((Part B of this)) chapter 296-802 WAC.

(7) Transfer of records. The employer ((shall))must comply with the requirements involving transfer of records set forth in chapter 296-802 WAC.

AMENDATORY SECTION(Amending WSR 93-04-111, filed 2/3/93, effective 3/15/93)

WAC 296-62-07633Observation of monitoring.

(1) Employee observation. The employer ((shall))must provide affected employees, or their designated representatives, an opportunity to observe the measuring or monitoring of employee exposure to MDA conducted pursuant to WAC 296-62-07609.

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

AMENDATORY SECTION(Amending WSR 93-04-111, filed 2/3/93, effective 3/15/93)

WAC 296-62-07637Appendices.

The information contained in Appendices A, B, C, and D of WAC 296-62-076 is not intended by itself, to create any additional obligations not otherwise imposed by this standard nor detract from any existing obligation. ((The protocols for respiratory fit testing in Appendix E of WAC 296-62-076 are mandatory.))

AMENDATORY SECTION(Amending WSR 99-17-026, filed 8/10/99, effective 11/10/99)

WAC 296-62-07703Definitions.

For the purpose of WAC 296-62-07701 through 296-62-07753:

Accredited inspector((means)). Any person meeting the accreditation requirements of the Federal Toxic Substance Control Act, Section 206(a)(1) and (3). 15 U.S.C. 2646(a)(1) and (3).

Aggressive method((means)). Removal or disturbance of building material by sanding, abrading, grinding or other method that breaks, crumbles, or disintegrates intact ACM.

Amended water((means)). Water to which surfactant (wetting agent) has been added to increase the ability of the liquid to penetrate ACM.

Asbestos. Includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated and/or altered.

For purposes of this standard, "asbestos" includes PACM, as defined below.

Asbestos abatement project((means)). An asbestos project involving three square feet or three linear feet, or more, of asbestos-containing material.

Asbestos-containing material (ACM)((means)). Any material containing more than 1% asbestos.

Asbestos project. Includes the construction, demolition, repair, remodeling, maintenance or renovation of any public or private building or structure, mechanical piping equipment or system involving the demolition, removal, encapsulation, salvage, or disposal of material or outdoor activity releasing or likely to release asbestos fibers into the air.

Authorized person((means)). Any person authorized by the employer and required by work duties to be present in regulated areas.

Building/facility/vessel owner((means)). Any legal entity or person who owns any public or private building, vessel, structure, facility, or mechanical system or the remnants thereof, including the agent of such person, but does not include individuals who work on asbestos projects in their own single-family residences, no part of which is used for commercial purposes. Also included is any lessee, who exercises control over management and record keeping functions relating to a building, vessel, and/or facility in which activities covered by this standard takes place.

Certified asbestos supervisor((means)). An individual certified by the department under WAC 296-65-012.

Certified asbestos worker((means)). An individual certified by the department under WAC 296-65-010.

Certified industrial hygienist (CIH)((means)). One certified in the practice of industrial hygiene by the American Board of Industrial Hygiene.

Class I asbestos work((means)). Activities involving the removal of thermal system insulation or surfacing ACM/PACM.

Class II asbestos work((means)). Activities involving the removal of ACM which is not thermal system insulation or surfacing material. This includes, but is not limited to, the removal of asbestos-containing wallboard, floor tile and sheeting, roofing and siding shingles, and construction mastics.

Class III asbestos work((means)). Repair and maintenance operations where "ACM," including TSI and surfacing ACM and PACM, may be disturbed.

Class IV asbestos work((means)). Maintenance and custodial activities during which employees contact but do not disturb ACM or PACM and activities to clean up dust, waste and debris resulting from Class I, II, and III activities.

Clean room((means)). An uncontaminated room having facilities for the storage of employees' street clothing and uncontaminated materials and equipment.

Closely resemble((means that)). The major workplace conditions which have contributed to the levels of historic asbestos exposure, are no more protective than conditions of the current workplace.

Competent person((means,)). In addition to the definition in WAC 296-62-07728, one who is capable of identifying existing asbestos, hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, who has the authority to take prompt corrective measures to eliminate them as specified in WAC 296-62-07728. The competent person shall be certified as an asbestos supervisor in compliance with WAC 296-65-030(3) and 296-65-012 for Class I and Class II work, and for Class III and Class IV work involving 3 square feet or 3 linear feet or more of asbestos-containing material. For Class III and Class IV work, involving less than 3 square feet or 3 linear feet, the competent person shall be trained in an operations and maintenance (O&M) course which meets the criteria of EPA (40 C.F.R. 763.92(a)(2)).

Critical barrier((means)). One or more layers of plastic sealed over all openings into a work area or any other similarly placed physical barrier sufficient to prevent airborne asbestos in a work area from migrating to an adjacent area.

Decontamination area((means)). An enclosed area adjacent and connected to the regulated area and consisting of an equipment room, shower area, and clean room, which is used for the decontamination of workers, materials, and equipment contaminated with asbestos.

Demolition((means)). The wrecking or taking out of any load-supporting structural member and any related razing, removing, or stripping of asbestos products. Where feasible, asbestos-containing materials shall be removed from all structures prior to the commencement of any demolition activity as per WAC 296-155-775(9).

Department((means)). The department of labor and industries.

Director((means)). The director of the department of labor and industries or ((his/her))their authorized representative.

Director of NIOSH((means)). The Director, National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee.

Disturb or disturbance. Refers to activities that disrupt the matrix of ACM or PACM, crumble or pulverize ACM or PACM, or generate visible debris from ACM or PACM. This term includes activities that disrupt the matrix of ACM or PACM, render ACM or PACM friable, or generate visible debris. Disturbance includes cutting away small amounts of ACM or PACM, no greater than the amount that can be contained in one standard size glove bag or waste bag in order to access a building or vessel component. In no event shall the amount of ACM or PACM so disturbed exceed that which can be contained in one glove bag or waste bag which shall not exceed 60 inches in length and width.

Employee exposure((means that)). Exposure to airborne asbestos that would occur if the employee were not using respiratory protective equipment.

Equipment room(change room)((means)). A contaminated room located within the decontamination area that is supplied with impermeable bags or containers for the disposal of contaminated protective clothing and equipment.

Fiber((means)). A particulate form of asbestos, five micrometers or longer, with a length-to-diameter ratio of at least three to one.

Glove bag((means)). Not more than a 60 x 60 inch impervious plastic bag-like enclosure affixed around an asbestos-containing material, with glove-like appendages through which material and tools may be handled.

High-efficiency particulate air (HEPA) filter((means)). A filter capable of trapping and retaining at least 99.97 percent of all monodispersed particles of 0.3 micrometers mean aerodynamic diameter or larger.

Homogeneous area((means)). An area of surfacing material or thermal system insulation that is uniform in color and texture.

Industrial hygienist((means)). A professional qualified by education, training, and experience to anticipate, recognize, evaluate and develop controls for occupational health hazards.

Intact((means that)). The ACM has not crumbled, been pulverized, or otherwise deteriorated so that the asbestos is no longer likely to be bound with its matrix. Friable ACM that is disturbed, as defined in this part, is presumed to be no longer intact.

Modification. For the purpose of WAC 296-62-07712, "modification" means a changed or altered procedure, material or component of a control system, which replaces a procedure, material or component of a required system. Omitting a procedure or component, or reducing or diminishing the stringency or strength of a material or component of the control system is not a "modification" for the purposes of WAC 296-62-07712.

Negative initial exposure assessment((means)). A demonstration by the employer (which complies with the criteria in WAC 296-62-07709) that employee exposure during an operation is expected to be consistently below the PELs.

PACM((means ")). Presumed asbestos-containing material.(("))

Presumed asbestos-containing material((means)). Thermal system insulation and surfacing material found in buildings, vessels, and vessel sections constructed no later than 1980. The designation of a material as "PACM" may be rebutted pursuant to WAC 296-62-07721.

Project designer((means)). A person who has successfully completed the training requirements for an abatement project designer established by 40 U.S.C. 763.90(g).

Regulated area((means)). An area established by the employer to demarcate areas where Class I, II, and III asbestos work is conducted, and any adjoining area where debris and waste from such asbestos work accumulate; and a work area within which airborne concentrations of asbestos, exceed or can reasonably be expected to exceed the permissible exposure limit. Requirements for regulated areas are set out in WAC 296-62-07711.

Removal((means)). All operations where ACM and/or PACM is taken out or stripped from structures or substrates, and includes demolition operations.

Renovation((means)). The modifying of any existing vessel, vessel section, structure, or portion thereof.

Repair((means)). Overhauling, rebuilding, reconstructing, or reconditioning of vessels, vessel sections, structures or substrates, including encapsulation or other repair of ACM or PACM attached to vessels, vessel sections, structures or substrates.

((Surfacing material means material that is sprayed, troweled-on or otherwise applied to surfaces (such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, and other purposes).))

Surfacing ACM((means)). Surfacing material which contains more than 1% asbestos.

Surfacing material. Material that is sprayed, troweled-on or otherwise applied to surfaces (such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, and other purposes).

Thermal system insulation (TSI)((means)). ACM applied to pipes, fittings, boilers, breaching, tanks, ducts, or other structural components to prevent heat loss or gain.

Thermal system insulation ACM((is)). Thermal system insulation which contains more than 1% asbestos.

AMENDATORY SECTION(Amending WSR 97-01-079, filed 12/17/96, effective 3/1/97)

WAC 296-62-07705Permissible exposure limits (PEL).

(1) Time weighted average (TWA). The employer ((shall))must ensure that no employee is exposed to an airborne concentration of asbestos in excess of 0.1 fiber per cubic centimeter (0.1 f/cc) of air as an eight-hour time-weighted average (TWA) as determined by the method prescribed in Appendix A of this part, or by an equivalent method recognized by the department.

(2) Excursion limit. The employer ((shall))must ensure that no employee is exposed to an airborne concentration of asbestos in excess of 1.0 fiber per cubic centimeter of air (1 f/cc) as averaged over a sampling period of thirty minutes, as determined by the method prescribed in Appendix A of this part, or by an equivalent method recognized by the department.

AMENDATORY SECTION(Amending WSR 97-01-079, filed 12/17/96, effective 3/1/97)

WAC 296-62-07706Multiemployer worksites.

(1) On multiemployer worksites, an employer performing work requiring the establishment of a regulated area ((shall))must inform other employers on the site of the nature of the employer's work with asbestos and/or PACM, of the existence of and requirements pertaining to regulated areas, and the measures taken to ensure that employees of such other employers are not exposed to asbestos.

(2) Asbestos hazards at a multiemployer worksite ((shall))must be abated by the employer who created or controls the source of asbestos contamination. For example, if there is a significant breach of an enclosure containing Class I work, the employer responsible for erecting the enclosure ((shall))must repair the breach immediately.

(3) In addition, all employers of employees exposed to asbestos hazards ((shall))must comply with applicable protective provisions to protect their employees. For example, if employees working immediately adjacent to a Class I asbestos job are exposed to asbestos due to the inadequate containment of such jobs, their employer ((shall))must either remove the employees from the area until the enclosure breach is repaired; or perform an initial exposure assessment pursuant to WAC 296-62-07709.

(4) All employers of employees working adjacent to regulated areas established by another employer on a multiemployer worksite, ((shall))must take steps on a daily basis to ascertain the integrity of the enclosure and/or the effectiveness of the control method relied on by the primary asbestos contractor to ((assure))ensure that asbestos fibers do not migrate to such adjacent areas.

(5) All general contractors on a construction project which includes work covered by this standard ((shall))must be deemed to exercise general supervisory authority over the work covered by this standard, even though the general contractor is not qualified to serve as the asbestos "competent person" as defined by WAC 296-62-07703. As supervisor of the entire project, the general contractor ((shall))must ascertain whether the asbestos contractor is in compliance with this standard, and ((shall))must require such contractor to come into compliance with this standard when necessary.

AMENDATORY SECTION(Amending WSR 06-05-027, filed 2/7/06, effective 4/1/06)

WAC 296-62-07709Exposure assessment and monitoring.

(1) General monitoring criteria.

(a) Each employer who has a workplace or work operation where exposure monitoring is required under this part must perform monitoring to determine accurately the airborne concentrations of asbestos to which employees may be exposed.

(b) Determinations of employee exposure must be made from breathing zone air samples that are representative of the eight-hour TWA and thirty minute short-term exposures of each employee.

(c) Representative eight-hour TWA employee exposures must be determined on the basis of one or more samples representing full-shift exposure for each shift for each employee in each job classification in each work area.

(d) Representative thirty minute short-term employee exposures must be determined on the basis of one or more samples representing thirty minute exposures associated with operations that are most likely to produce exposures above the excursion limit for each shift for each job classification in each work area.

(2) Exposure monitoring requirements for all occupational exposures to asbestos in all industries covered by the Washington Industrial Safety and Health Act except construction work, as defined in WAC 296-155-012, and except ship repairing, shipbuilding and shipbreaking employments and related employments as defined in WAC 296-304-01001.

(a) Initial monitoring.

(i) Each employer who has a workplace or work operation covered by this standard, except as provided for in (a)(ii) and (iii) of this subsection, must perform initial monitoring of employees who are, or may reasonably be expected to be exposed to airborne concentrations at or above the TWA permissible exposure limit and/or excursion limit. The initial monitoring must be at the initiation of each asbestos job to accurately determine the airborne concentration of asbestos to which employees may be exposed.

(ii) Where the employer or his/her representative has monitored after March 31, 1992, for the TWA permissible exposure limit and/or excursion limit, and the monitoring satisfies all other requirements of this section, and the monitoring data was obtained during work operations conducted under workplace conditions closely resembling the processes, type of material including percentage of asbestos, control methods, work practices, and environmental conditions used and prevailing in the employer's current operations, the employer may rely on such earlier monitoring results to satisfy the requirements of (a)(i) of this subsection.

(iii) Where the employer has relied upon objective data that demonstrates that asbestos is not capable of being released in airborne concentrations at or above the TWA permissible exposure limit and/or excursion limit under those work conditions of processing, use, or handling expected to have the greatest potential for releasing asbestos, then no initial monitoring is required.

(b) Monitoring frequency (periodic monitoring) and patterns. After the initial determinations required by subsection (2)(a)(i) of this section, samples must be of such frequency and pattern as to represent with reasonable accuracy the levels of exposure of the employees. Sampling must not be at intervals greater than six months for employees whose exposures may reasonably be foreseen to exceed the TWA permissible exposure limit and/or excursion limit.

(c) Daily monitoring within regulated areas: The employer must conduct daily monitoring that is representative of the exposure of each employee who is assigned to work within a regulated area. Exception: When all employees within a regulated area are equipped with full facepiece supplied-air respirators operated in the pressure-demand mode equipped with either an auxiliary positive pressure self-contained breathing apparatus or a HEPA filter, the employer may dispense with the daily monitoring required by this subsection.

(d) Changes in monitoring frequency. If either the initial or the periodic monitoring required by subsection (2)(a) and (b) of this section statistically indicates that employee exposures are below the TWA permissible exposure limit and/or excursion limit, the employer may discontinue the monitoring for those employees whose exposures are represented by such monitoring.

(e) Additional monitoring. Notwithstanding the provisions of subsection (2)(a)(ii) and (c) of this section, the employer must institute the exposure monitoring required under subsection (2)(a)(i) and (ii) 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 above the TWA permissible exposure limit and/or excursion limit, or when the employer has any reason to suspect that a change may result in new or additional exposures above the TWA permissible exposure limit and/or excursion limit.

(3) Exposure assessment monitoring requirements for all construction work as defined in WAC 296-155-012 and for all ship repairing, shipbuilding and shipbreaking employments and related employments as defined in WAC 296-304-01001.

(a) Initial exposure assessment.

(i) Each employer who has a workplace or work operation covered by this standard must ensure that a "competent person" conducts an exposure assessment immediately before or at the initiation of the operation to ascertain expected exposures during that operation or workplace. The assessment must be completed in time to comply with the requirements which are triggered by exposure data or lack of a "negative exposure assessment," and to provide information necessary to ((assure))ensure that all control systems planned are appropriate for that operation and will work properly.

(ii) Basis of initial exposure assessment: Unless a negative exposure assessment has been made according to (b) of this subsection, the initial exposure assessment must, if feasible, be based on monitoring conducted according to (b) of this subsection. The assessment must take into consideration both the monitoring results and all observations, information or calculations which indicate employee exposure to asbestos, including any previous monitoring conducted in the workplace, or of the operations of the employer which indicate the levels of airborne asbestos likely to be encountered on the job. For Class I asbestos work, until the employer conducts exposure monitoring and documents that employees on that job will not be exposed in excess of the PELs, or otherwise makes a negative exposure assessment according to (b) of this subsection, the employer must presume that employees are exposed in excess of the TWA and excursion limit.

(b) Negative exposure assessment: For any one specific asbestos job which will be performed by employees who have been trained in compliance with the standard, the employer may demonstrate that employee exposures will be below the PELs by data which conform to the following criteria:

(i) Objective data demonstrating that the products or material containing asbestos minerals or the activity involving such product or material cannot release airborne fibers in concentrations exceeding the TWA and excursion limit under those work conditions having the greatest potential for releasing asbestos; or

(ii) Where the employer has monitored prior asbestos jobs for the PEL and the excursion limit within twelve months of the current or projected job, the monitoring and analysis were performed in compliance with the asbestos standard in effect; and the data was obtained during work operations conducted under workplace conditions "closely resembling" the processes, type of material including percentage of asbestos, control methods, work practices, and environmental conditions used and prevailing in the employer's current operations, the operations were conducted by employees whose training and experience are no more extensive than that of employees performing the current job, and these data show that under the conditions prevailing and which will prevail in the current workplace there is a high degree of certainty that employee exposures will not exceed the TWA or excursion limit; or

(iii) The results of initial exposure monitoring of the current job made from breathing zone samples that are representative of the 8-hour TWA and 30-minute short-term exposures of each employee covering operations which are most likely during the performance of the entire asbestos job to result in exposures over the PELs.

(i) Class I and Class II operations. The employer must conduct daily monitoring that is representative of the exposure of each employee who is assigned to work within a regulated area who is performing Class I or II work, unless the employer according to (b) of this subsection, has made a negative exposure assessment for the entire operation.

(ii) All operations under the standard other than Class I and II operations. The employer must conduct periodic monitoring of all work where exposures are expected to exceed a PEL, at intervals sufficient to document the validity of the exposure prediction.

(iii) Exception. When all employees required to be monitored daily are equipped with supplied-air respirators operated in the pressure demand mode, the employer may dispense with the daily monitoring required by subsection (2)(c) of this section. However, employees performing Class I work using a control method which is not listed in WAC 296-62-07712 or using a modification of a listed control method, must continue to be monitored daily even if they are equipped with supplied-air respirators.

(d) Termination of monitoring. If the periodic monitoring required by (c) of this subsection reveals that employee exposures, as indicated by statistically reliable measurements, are below the permissible exposure limit and excursion limit the employer may discontinue monitoring for those employees whose exposures are represented by such monitoring.

(e) Monitoring outside negative-pressure enclosures: The employer must conduct representative area monitoring of the airborne fiber levels at least every other day at the HEPA machine exhaust and entrance to the decontamination area.

(f) Additional monitoring. Notwithstanding the provisions of (b), (c), and (d) of this subsection, the employer must institute the exposure monitoring required under (c) of this subsection whenever there has been a change in process, control equipment, personnel or work practices that may result in new or additional exposures above the permissible exposure limit and/or excursion limit or when the employer has any reason to suspect that a change may result in new or additional exposures above the permissible exposure limit and/or excursion limit. Such additional monitoring is required regardless of whether a "negative exposure assessment" was previously produced for a specific job.

(g) Preabatement monitoring. Prior to the start of asbestos work, representative area air monitoring must be conducted for comparison to clearance monitoring as required by subsection (3)(h) of this section. Preabatement air monitoring is not required for outdoor work.

(h) Clearance monitoring. Representative area air monitoring must be taken at the completion of the asbestos work. Air sample results must be obtained before removal or reoccupancy of the regulated area. Clearance air monitoring is not required for outdoor asbestos work. The employer must demonstrate by monitoring that the airborne concentration is below:

((•))(i) The permissible exposure limit; or

((•))(ii) At or below the airborne fiber level existing prior to the start of the asbestos work, whichever level is lower.

(4) Method of monitoring.

(a) All samples taken to satisfy the employee exposure monitoring requirements of this section must be personal samples collected following the procedures specified in WAC 296-62-07735, Appendix A.

(b) Monitoring must be performed by persons having a thorough understanding of monitoring principles and procedures and who can demonstrate proficiency in sampling techniques.

(c) All samples taken to satisfy the monitoring requirements of this section must be evaluated using the WISHA reference method specified in WAC 296-62-07735, Appendix A, or an equivalent counting method recognized by the department.

(d) If an equivalent method to the WISHA reference method is used, the employer must ensure that the method meets the following criteria:

(i) Replicate exposure data used to establish equivalency are collected in side-by-side field and laboratory comparisons; and

(ii) The comparison indicates that ninety percent of the samples collected in the range 0.5 to 2.0 times the permissible limit have an accuracy range of plus or minus twenty-five percent of the WISHA reference method results at a ninety-five percent confidence level as demonstrated by a statistically valid protocol; and

(iii) The equivalent method is documented and the results of the comparison testing are maintained.

(e) To satisfy the monitoring requirements of this section, employers must use the results of monitoring analysis performed by laboratories which have instituted quality assurance programs that include the elements as prescribed in WAC 296-62-07735, Appendix A.

(5) Employee notification of monitoring results.

(a) The employer must, as soon as possible but no later than within five days for construction and shipyard industries and fifteen working days for other industries, after the receipt of the results of any monitoring performed under the standard, 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.

(b) The written notification required by (a) of this subsection must contain the corrective action being taken by the employer to reduce employee exposure to or below the TWA and/or excursion exposure limits, wherever monitoring results indicated that the TWA and/or excursion exposure limits had been exceeded.

(6) Observation of monitoring.

(a) The employer must provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to asbestos conducted in accordance with this section.

(b) When observation of the monitoring of employee exposure to asbestos requires entry into an area where the use of protective clothing or equipment is required, the observer must be provided with and be required to use such clothing and equipment and ((shall))must comply with all other applicable safety and health procedures.

AMENDATORY SECTION(Amending WSR 97-19-014, filed 9/5/97, effective 11/5/97)

WAC 296-62-07711Regulated areas.

(1) General. The employer ((shall))must establish a regulated area in work areas where airborne concentrations of asbestos exceed or can reasonably be expected to exceed the permissible exposure limits prescribed in WAC 296-62-07705. All Class I, II and III asbestos work ((shall))must be conducted within regulated areas. All other operations covered by this standard ((shall))must be conducted within the regulated area where airborne concentrations of asbestos exceed or can reasonably be expected to exceed permissible exposure limits. Regulated areas ((shall))must comply with the requirements of subsections (2), (3), (4), (5), (6), (7), and (8) of this section.

(2) Demarcation. The regulated area ((shall))must be demarcated in any manner that minimizes the number of persons within the area and protects persons outside the area from exposure to airborne asbestos. Where critical barriers or negative pressure enclosures are used, they may demarcate the regulated area. Signs ((shall))must be provided and displayed pursuant to the requirements of WAC 296-62-07721.

(3) Access. Access to regulated areas ((shall))must be limited to authorized persons or to persons authorized by the Washington Industrial Safety and Health Act or regulations issued pursuant thereto.

(4) Provision of respirators. Each person entering a regulated area where employees are required in WAC 296-62-07715(1) to wear respirators ((shall))must be supplied with and required to use a respirator, selected in accordance with WAC 296-62-07715(2).

(5) Protective clothing. All persons entering a regulated area ((shall))must be supplied with and required to wear protective clothing, selected in accordance with WAC 296-62-07717.

(6) Prohibited activities. The employer ((shall))must ensure that employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in the regulated areas.

(7) Permit-required confined space. The employer ((shall))must determine if a permit-required confined space hazard exists and ((shall))must take any necessary precautions in accordance with chapter ((296-62 WAC Part M))296-809 WAC.

(8) Competent persons. For construction and shipyard work the employer ((shall))must ensure that all asbestos work performed within regulated areas is supervised by a competent person, as defined in WAC 296-62-07703. The duties of the competent person are set out in WAC 296-62-07728.

AMENDATORY SECTION(Amending WSR 06-05-027, filed 2/7/06, effective 4/1/06)

WAC 296-62-07712Requirements for asbestos activities in construction and shipyard work.

(1) Methods of compliance, the following engineering controls and work practices of this section must be used for construction work defined in WAC 296-155-012 and for all ship repair defined in WAC 296-304-010.

(2) Engineering controls and work practices for all operations covered by this section. The employer must use the following engineering controls and work practices in all operations covered by this section, regardless of the levels of exposure:

(a) Vacuum cleaners equipped with HEPA filters to collect all debris and dust containing ACM and PACM, except as provided in subsection (10)(b) of this section in the case of roofing material.

(b) Wet methods, or wetting agents, to control employee exposures during asbestos handling, mixing, removal, cutting, application, and cleanup, except where employers demonstrate that the use of wet methods is infeasible due to, for example, the creation of electrical hazards, equipment malfunction, and, in roofing, except as provided in subsection (10)(b) of this section.

(c) Asbestos must be handled, mixed, applied, removed, cut, scored, or otherwise worked in a wet saturated state to prevent the emission of airborne fibers unless the usefulness of the product would be diminished thereby.

(d) Prompt cleanup and disposal of wastes and debris contaminated with asbestos in leak-tight containers except in roofing operations, where the procedures specified in this section apply.

(3) In addition to the requirements of subsection (2) of this section, the employer must use the following control methods to achieve compliance with the TWA permissible exposure limit and excursion limit prescribed by WAC 296-62-07705:

(a) Local exhaust ventilation equipped with HEPA filter dust collection systems;

(b) Enclosure or isolation of processes producing asbestos dust;

(c) Ventilation of the regulated area to move contaminated air away from the breathing zone of employees and toward a filtration or collection device equipped with a HEPA filter;

(d) Use of other work practices and engineering controls that the department can show to be feasible;

(e) Wherever the feasible engineering and work practice controls described above are not sufficient to reduce employee exposure to or below the permissible exposure limit and/or excursion limit prescribed in WAC 296-62-07705, the employer must use them to reduce employee exposure to the lowest levels attainable by these controls and must supplement them by the use of respiratory protection that complies with the requirements of WAC 296-62-07715.

(4) Prohibitions. The following work practices and engineering controls must not be used for work related to asbestos or for work which disturbs ACM or PACM, regardless of measured levels of asbestos exposure or the results of initial exposure assessments:

(a) High-speed abrasive disc saws that are not equipped with point or cut ventilator or enclosures with HEPA filtered exhaust air;

(b) Compressed air used to remove asbestos, or materials containing asbestos, unless the compressed air is used in conjunction with an enclosed ventilation system designed to capture the dust cloud created by the compressed air;

(d) Employee rotation as a means of reducing employee exposure to asbestos.

(5) Cleanup.

(a) After completion of asbestos work (removal, demolition, and renovation operations), all surfaces in and around the work area must be cleared of any asbestos debris.

(b) Encapsulant must be applied to all areas where asbestos has been removed to ensure binding of any remaining fibers.

(6) Class I requirements. The following engineering controls and work practices and procedures must be used:

(a) All Class I work, including the installation and operation of the control system must be supervised by a competent person as defined in WAC 296-62-07703;

(b) For all Class I jobs involving the removal of more than twenty-five linear or ten square feet of thermal system insulation or surfacing material; for all other Class I jobs, where the employer cannot produce a negative exposure assessment according to WAC 296-62-07709(3), or where employees are working in areas adjacent to the regulated area, while the Class I work is being performed, the employer must use one of the following methods to ensure that airborne asbestos does not migrate from the regulated area:

(i) Critical barriers must be placed over all the openings to the regulated area, except where activities are performed outdoors; or

(ii) The employer must use another barrier or isolation method which prevents the migration of airborne asbestos from the regulated area, as verified by perimeter area surveillance during each work shift at each boundary of the regulated area, showing no visible asbestos dust; and perimeter area monitoring showing that clearance levels contained in 40 C.F.R. Part 763, Subpart E, of the EPA Asbestos in Schools Rule are met, or that perimeter area levels, measured by Phase Contrast Microscopy (PCM) are no more than background levels representing the same area before the asbestos work began. The results of such monitoring must be made known to the employer no later than twenty-four hours from the end of the work shift represented by such monitoring. Exception: For work completed outdoors where employees are not working in areas adjacent to the regulated areas, (a) of this subsection is satisfied when the specific control methods in subsection (7) of this section are used;

(c) For all Class I jobs, HVAC systems must be isolated in the regulated area by sealing with a double layer of 6 mil plastic or the equivalent;

(d) For all Class I jobs, impermeable dropcloths ((shall))must be placed on surfaces beneath all removal activity;

(e) For all Class I jobs, all objects within the regulated area must be covered with impermeable dropcloths or plastic sheeting which is secured by duct tape or an equivalent;

(f) For all Class I jobs where the employer cannot produce a negative exposure assessment, or where exposure monitoring shows that a PEL is exceeded, the employer must ventilate the regulated area to move contaminated air away from the breathing zone of employees toward a HEPA filtration or collection device.

(7) Specific control methods for Class I work. In addition, Class I asbestos work must be performed using one or more of the following control methods according to the limitations stated below:

(a) Negative pressure enclosure (NPE) systems: NPE systems may be used where the configuration of the work area does not make the erection of the enclosure infeasible, with the following specifications and work practices:

(i) Specifications:

(A) The negative pressure enclosure (NPE) may be of any configuration;

(B) At least 4 air changes per hour must be maintained in the NPE;

(C) A minimum of -0.02 column inches of water pressure differential, relative to outside pressure, must be maintained within the NPE as evidenced by manometric measurements;

(D) The NPE must be kept under negative pressure throughout the period of its use; and

(E) Air movement must be directed away from employees performing asbestos work within the enclosure, and toward a HEPA filtration or collection device.

(ii) Work practices:

(A) Before beginning work within the enclosure and at the beginning of each shift, the NPE must be inspected for breaches and smoke-tested for leaks, and any leaks sealed.

(B) Electrical circuits in the enclosure must be deactivated, unless equipped with ground-fault circuit interrupters.

(b) Glove bag systems may be used to remove PACM and/or ACM from straight runs of piping and elbows and other connections with the following specifications and work practices:

(i) Specifications:

(A) Glove bags must be made of 6 mil thick plastic and must be seamless at the bottom.

(B) Glove bags used on elbows and other connections must be designed for that purpose and used without modifications.

(ii) Work practices:

(A) Each glove bag must be installed so that it completely covers the circumference of pipe or other structure where the work is to be done.

(B) Glove bags must be smoke-tested for leaks and any leaks sealed prior to use.

(D) Glove bags must not be used on surfaces whose temperature exceeds 150°F.

(E) Prior to disposal, glove bags must be collapsed by removing air within them using a HEPA vacuum.

(F) Before beginning the operation, loose and friable material adjacent to the glove bag/box operation must be wrapped and sealed in two layers of six mil plastic or otherwise rendered intact.

(G) Where system uses attached waste bag, such bag must be connected to collection bag using hose or other material which must withstand pressure of ACM waste and water without losing its integrity.

(H) Sliding valve or other device must separate waste bag from hose to ensure no exposure when waste bag is disconnected.

(I) At least two persons must perform Class I glove bag removal operations.

(c) Negative pressure glove bag systems. Negative pressure glove bag systems may be used to remove ACM or PACM from piping.

(i) Specifications: In addition to specifications for glove bag systems above, negative pressure glove bag systems must attach HEPA vacuum systems or other devices to bag during removal.

(ii) Work practices:

(A) The employer must comply with the work practices for glove bag systems in this section.

(B) The HEPA vacuum cleaner or other device used during removal must run continually during the operation until it is completed at which time the bag must be collapsed prior to removal of the bag from the pipe.

(C) Where a separate waste bag is used along with a collection bag and discarded after one use, the collection bag may be reused if rinsed clean with amended water before reuse.

(d) Negative pressure glove box systems: Negative pressure glove boxes may be used to remove ACM or PACM from pipe runs with the following specifications and work practices:

(i) Specifications:

(A) Glove boxes must be constructed with rigid sides and made from metal or other material which can withstand the weight of the ACM and PACM and water used during removal.

(B) A negative pressure generator must be used to create negative pressure in the system.

(D) The box must be fitted with gloved apertures.

(E) An aperture at the base of the box must serve as a bagging outlet for waste ACM and water.

(F) A back-up generator must be present on site.

(G) Waste bags must consist of 6 mil thick plastic double-bagged before they are filled or plastic thicker than 6 mil.

(ii) Work practices:

(A) At least two persons must perform the removal.

(B) The box must be smoke-tested for leaks and any leaks sealed prior to each use.

(C) Loose or damaged ACM adjacent to the box must be wrapped and sealed in two layers of 6 mil plastic prior to the job, or otherwise made intact prior to the job.

(D) A HEPA filtration system must be used to maintain pressure barrier in box.

(e) Water spray process system. A water spray process system may be used for removal of ACM and PACM from cold line piping if, employees carrying out such process have completed a forty-hour separate training course in its use, in addition to training required for employees performing Class I work. The system must meet the following specifications and ((shall))must be performed by employees using the following work practices:

(i) Specifications:

(A) Piping must be surrounded on three sides by rigid framing.

(B) A 360 degree water spray, delivered through nozzles supplied by a high pressure separate water line, must be formed around the piping.

(ii) Work practices:

(A) The system must be run for at least ten minutes before removal begins.

(B) All removal must take place within the water barrier.

(C) The system must be operated by at least three persons, one of whom must not perform removal, but must check equipment, and ensure proper operation of the system.

(D) After removal, the ACM and PACM must be bagged while still inside the water barrier.

(f) A small walk-in enclosure which accommodates no more than two persons (mini-enclosure) may be used if the disturbance or removal can be completely contained by the enclosure with the following specifications and work practices:

(i) Specifications:

(A) The fabricated or job-made enclosure must be constructed of 6 mil plastic or equivalent.

(B) The enclosure must be placed under negative pressure by means of a HEPA filtered vacuum or similar ventilation unit.

(C) Change room. A small change room made of 6-mil-thick polyethylene plastic should be contiguous to the mini-enclosure, and is necessary to allow the worker to vacuum off ((his/her))their protective coveralls and remove them before leaving the work area. While inside the enclosure, the worker should wear Tyvek disposable coveralls or equivalent and must use the appropriate HEPA-filtered dual cartridge respiratory protection. The advantages of mini-enclosures are that they limit the spread of asbestos contamination, reduce the potential exposure of bystanders and other workers who may be working in adjacent areas, and are quick and easy to install. The disadvantage of mini-enclosures is that they may be too small to contain the equipment necessary to create a negative-pressure within the enclosure; however, the double layer of plastic sheeting will serve to restrict the release of asbestos fibers to the area outside the enclosure.

(ii) Work practices:

(A) Before use, the mini-enclosure must be inspected for leaks and smoke-tested to detect breaches, and any breaches sealed.

(B) Before reuse, the interior must be completely washed with amended water and HEPA-vacuumed.

(8) Alternative control methods for Class I work. Class I work may be performed using a control method which is not referenced in subsections (2)(a) through (3)(e) of this section, or which modifies a control method referenced in subsections (2)(a) through (3)(e) of this section, if the following provisions are complied with:

(a) The control method ((shall))must enclose, contain or isolate the processes or source of airborne asbestos dust, before it enters the breathing zone of employees.

(b) A certified industrial hygienist or licensed professional engineer who is also qualified as a project designer as defined in WAC 296-62-07703, ((shall))must evaluate the work area, the projected work practices and the engineering controls and ((shall))must certify in writing that the planned control method is adequate to reduce direct and indirect employee exposure to below the PELs under worst-case conditions of use, and that the planned control method will prevent asbestos contamination outside the regulated area, as measured by clearance sampling which meets the requirements of EPA's Asbestos in Schools rule issued under AHERA, or perimeter monitoring which meets the criteria in subsection (6)(b)(ii) of this section. Where the TSI or surfacing material to be removed is twenty-five linear or ten square feet or less, the evaluation required in subsection (8)(b) of this section may be performed by a competent person.

(c) Before work which involves the removal of more than twenty-five linear or ten square feet of thermal system insulation or surfacing material is begun using an alternative method which has been the subject of subsections (2)(a) through (3)(e) of this section required evaluation and certification, the employer ((shall))must include a copy of such evaluation and certification with notifications required by WAC 296-65-020, Notification requirements. The submission shall not constitute approval by WISHA.

(d) The evaluation of employee exposure required in WAC 296-62-07712(8) must include and be based on sampling and analytical data representing employee exposure during the use of such method under the worst-case conditions and by employees whose training and experiences are equivalent to employees who are to perform the current job.

(9) Work practices and engineering controls for Class II work.

(a) All Class II work must be supervised by a competent person as defined in WAC 296-62-07703.

(b) For all indoor Class II jobs, where the employer has not produced a negative exposure assessment according to WAC 296-62-07709(3), or where during the job, changed conditions indicate there may be exposure above the PEL or where the employer does not remove the ACM in a substantially intact state, the employer must use one of the following methods to ensure that airborne asbestos does not migrate from the regulated area:

(i) Critical barriers must be placed over all openings to the regulated area; or

(ii) The employer must use another barrier or isolation method which prevents the migration of airborne asbestos from the regulated area, as verified by perimeter area monitoring or clearance monitoring which meets the criteria set out in subsection (6)(b)(ii) of this section.

(d) All Class II asbestos work must be performed using the work practices and requirements set out above in subsection (2) of this section.

(10) Additional controls for Class II work. Class II asbestos work must also be performed by complying with the work practices and controls designated for each type of asbestos work to be performed, set out in this paragraph. Where more than one control method may be used for a type of asbestos work, the employer may choose one or a combination of designated control methods. Class II work also may be performed using a method allowed for Class I work, except that glove bags and glove boxes are allowed if they fully enclose the Class II material to be removed.

(a) For removing vinyl and asphalt flooring materials which contain ACM or for which in buildings constructed no later than 1980, the employer has not verified the absence of ACM according to WAC 296-62-07712 (10)(a)(ix). The employer must ensure that employees comply with the following work practices and that employees are trained in these practices according to WAC 296-62-07722.

(i) Flooring or its backing must not be sanded.

(ii) Vacuums equipped with HEPA filter, disposable dust bag, and metal floor tool (no brush) must be used to clean floors.

(iii) Resilient sheeting must be removed by cutting with wetting of the snip point and wetting during delamination. Rip-up of resilient sheet floor material is prohibited.

(iv) All scraping of residual adhesive and/or backing must be performed using wet methods.

(v) Dry sweeping is prohibited.

(vi) Mechanical chipping is prohibited unless performed in a negative pressure enclosure which meets the requirements of subsection (7)(a) of this section.

(vii) Tiles must be removed intact, unless the employer demonstrates that intact removal is not possible.

(viii) When tiles are heated and can be removed intact, wetting may be omitted.

(ix) Resilient flooring material including associated mastic and backing must be assumed to be asbestos-containing unless an industrial hygienist determines that it is asbestos-free using recognized analytical techniques.

(b) For removing roofing material which contains ACM the employer must ensure that the following work practices are followed:

(i) Roofing material must be removed in an intact state to the extent feasible.

(ii) Wet methods must be used to remove roofing materials that are not intact, or that will be rendered not intact during removal, unless such wet methods are not feasible or will create safety hazards.

(iii) Cutting machines must be continuously misted during use, unless a competent person determines that misting substantially decreases worker safety.

(iv) When removing built-up roofs with asbestos-containing roofing felts and an aggregate surface using a power roof cutter, all dust resulting from the cutting operation must be collected by a HEPA dust collector, or must be HEPA vacuumed by vacuuming along the cut line. When removing built-up roofs with asbestos-containing roofing felts and a smooth surface using a power roof cutter, the dust resulting from the cutting operation must be collected either by a HEPA dust collector or HEPA vacuuming along the cut line, or by gently sweeping and then carefully and completely wiping up the still wet dust and debris left along the cut line. The dust and debris must be immediately bagged or placed in covered containers.

(v) Asbestos-containing material that has been removed from a roof must not be dropped or thrown to the ground. Unless the material is carried or passed to the ground by hand, it must be lowered to the ground via covered, dust-tight chute, crane or hoist:

(A) Any ACM that is not intact must be lowered to the ground as soon as is practicable, but in any event no later than the end of the work shift. While the material remains on the roof it must either be kept wet, placed in an impermeable waste bag, or wrapped in plastic sheeting.

(B) Intact ACM must be lowered to the ground as soon as is practicable, but in any event no later than the end of the work shift.

(vi) Upon being lowered, unwrapped material must be transferred to a closed receptacle in such manner so as to preclude the dispersion of dust.

(vii) Roof level heating and ventilation air intake sources must be isolated or the ventilation system must be shut down.

(viii) Notwithstanding any other provision of this section, removal or repair of sections of intact roofing less than twenty-five square feet in area does not require use of wet methods or HEPA vacuuming as long as manual methods which do not render the material nonintact are used to remove the material and no visible dust is created by the removal method used. In determining whether a job involves less than twenty-five square feet, the employer must include all removal and repair work performed on the same roof on the same day.

(c) When removing cementitious asbestos-containing siding and shingles or transite panels containing ACM on building exteriors (other than roofs, where subsection (10)(b) of this section applies) the employer must ensure that the following work practices are followed:

(i) Cutting, abrading or breaking siding, shingles, or transite panels, must be prohibited unless the employer can demonstrate that methods less likely to result in asbestos fiber release cannot be used.

(ii) Each panel or shingle must be sprayed with amended water prior to removal.

(iii) Unwrapped or unbagged panels or shingles must be immediately lowered to the ground via covered dust-tight chute, crane or hoist, or placed in an impervious waste bag or wrapped in plastic sheeting and lowered to the ground no later than the end of the work shift.

(iv) Nails must be cut with flat, sharp instruments.

(d) When removing gaskets containing ACM, the employer must ensure that the following work practices are followed:

(i) If a gasket is visibly deteriorated and unlikely to be removed intact, removal must be undertaken within a glove bag as described in subsection (7)(b) of this section.

(ii) (Reserved.)

(iii) The gasket must be immediately placed in a disposal container.

(iv) Any scraping to remove residue must be performed wet.

(e) When performing any other Class II removal of asbestos-containing material for which specific controls have not been listed in subsection (10) of this section, the employer must ensure that the following work practices are complied with.

(i) The material must be thoroughly wetted with amended water prior to and during its removal.

(ii) The material must be removed in an intact state unless the employer demonstrates that intact removal is not possible.

(iii) Cutting, abrading or breaking the material must be prohibited unless the employer can demonstrate that methods less likely to result in asbestos fiber release are not feasible.

(iv) Asbestos-containing material removed, must be immediately bagged or wrapped, or kept wet until transferred to a closed receptacle, no later than the end of the work shift.

(f) Alternative work practices and controls. Instead of the work practices and controls listed in subsection (10) of this section, the employer may use different or modified engineering and work practice controls if the following provisions are complied with.

(i) The employer must demonstrate by data representing employee exposure during the use of such method under conditions which closely resemble the conditions under which the method is to be used, that employee exposure will not exceed the PELs under any anticipated circumstances.

(ii) A competent person must evaluate the work area, the projected work practices and the engineering controls, and must certify in writing, that the different or modified controls are adequate to reduce direct and indirect employee exposure to below the PELs under all expected conditions of use and that the method meets the requirements of this standard. The evaluation must include and be based on data representing employee exposure during the use of such method under conditions which closely resemble the conditions under which the method is to be used for the current job, and by employees whose training and experience are equivalent to employees who are to perform the current job.

(11) Work practices and engineering controls for Class III asbestos work. Class III asbestos work must be conducted using engineering and work practice controls which minimize the exposure to employees performing the asbestos work and to bystander employees.

(a) The work must be performed using wet methods.

(b) To the extent feasible, the work must be performed using local exhaust ventilation.

(c) Where the disturbance involves drilling, cutting, abrading, sanding, chipping, braking, or sawing of thermal system insulation or surfacing material, the employer must use impermeable dropcloths, and must isolate the operation using mini-enclosures or glove bag systems according to subsection (7) of this section or another isolation method.

(d) Where the employer does not produce a "negative exposure assessment" for a job, or where monitoring results show the PEL has been exceeded, the employer must contain the area using impermeable dropcloths and plastic barriers or their equivalent, or must isolate the operation using a control system listed in and in compliance with subsection (7) of this section.

(e) Employees performing Class III jobs, which involve the disturbance of thermal system insulation or surfacing material, or where the employer does not produce a "negative exposure assessment" or where monitoring results show a PEL has been exceeded, must wear respirators which are selected, used and fitted according to provisions of WAC 296-62-07715.

(12) Class IV asbestos work. Class IV asbestos jobs must be conducted by employees trained according to the asbestos awareness training program set out in WAC 296-62-07722. In addition, all Class IV jobs must be conducted in conformity with the requirements set out in this section, mandating wet methods, HEPA vacuums, and prompt clean up of debris containing ACM and PACM.

(a) Employees cleaning up debris and waste in a regulated area where respirators are required must wear respirators which are selected, used and fitted according to provisions of WAC 296-62-07715.

(b) Employers of employees who clean up waste and debris in, and employers in control of, areas where friable thermal system insulation or surfacing material is accessible, must assume that such waste and debris contain asbestos.

(13) Alternative methods of compliance for installation, removal, repair, and maintenance of certain roofing and pipeline coating materials. Notwithstanding any other provision of this section, an employer who complies with all provisions of subsection (10)(a) and (b) of this section when installing, removing, repairing, or maintaining intact pipeline asphaltic wrap, or roof flashings which contain asbestos fibers encapsulated or coated by bituminous or resinous compounds will be deemed to be in compliance with this section. If an employer does not comply with all provisions of this subsection (13), or if during the course of the job the material does not remain intact, the provisions of subsection (10) of this section apply instead of this subsection (13).

(a) Before work begins and as needed during the job, a competent person who is capable of identifying asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, and who has the authority to take prompt corrective measures to eliminate such hazards, must conduct an inspection of the worksite and determine that the roofing material is intact and will likely remain intact.

(b) All employees performing work covered by this subsection (13) must be trained in a training program that meets the requirements of WAC 296-62-07722.

(d) Material that has been removed from a roof must not be dropped or thrown to the ground. Unless the material is carried or passed to the ground by hand, it must be lowered to the ground via covered, dust-tight chute, crane or hoist. All such material must be removed from the roof as soon as is practicable, but in any event no later than the end of the work shift.

(e) Where roofing products which have been labeled as containing asbestos pursuant to WAC 296-62-07721, installed on nonresidential roofs during operations covered by this subsection (13), the employer must notify the building owner of the presence and location of such materials no later than the end of the job.

(f) All removal or disturbance of pipeline asphaltic wrap must be performed using wet methods.

AMENDATORY SECTION(Amending WSR 09-15-145, filed 7/21/09, effective 9/1/09)

WAC 296-62-07715Respiratory protection.

(1) General. For employees who use respirators required by WAC 296-62-077 through 296-62-07747, the employer must provide each employee an appropriate respirator that complies with the requirements of this section. Respirators must be used during:

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

(b) Work operations, such as maintenance and repair activities, for which engineering and work-practice controls are not feasible;

(c) 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;

(d) Emergencies;

(e) Work operations in all regulated areas, except for construction activities which follow requirements set forth in WAC 296-62-07715 (1)(g);

(f) Work operations whenever employee exposure exceeds the permissible exposure limits;

(g) The following construction activities:

(i) Class I asbestos work;

(ii) Class II work where the ACM is not removed in a substantially intact state;

(iii) Class II and Class III work which is not performed using wet methods, except for removal of ACM from sloped roofs when a negative-exposure assessment has been made and the ACM is removed in an intact state;

(iv) Class II and Class III asbestos work for which a negative-exposure assessment has not been conducted;

(v) Class III work when TSI or surfacing ACM or PACM is being disturbed;

(vi) Class IV work performed within regulated areas where employees who are performing other work are required to wear respirators.

(2) Respirator program.

(a) The employer must develop, implement and maintain a respiratory protection program as required by chapter 296-842 WAC, Respirators, which covers each employee required by this chapter to use a respirator.

(b) Employers must provide an employee with a tight-fitting, powered, air-purifying respirator (PAPR) instead of a negative-pressure respirator selected when an employee chooses to use a PAPR and the respirator provides the required protection to the employee.

(c) The employer must inform any employee required to wear a respirator under this section that the employee may require the employer to provide a tight-fitting, powered, air-purifying respirator (PAPR) instead of a negative-pressure respirator.

(d) No employee must be assigned to tasks requiring the use of respirators if, based on their most recent medical examination, the examining physician determines that the employee will be unable to function normally using a respirator, or that the safety or health of the employee or other employees will be impaired by the use of a respirator. Such employees must be assigned to another job or given the opportunity to transfer to a different position, the duties of which they can perform. If such a transfer position is available, the position must be with the same employer, in the same geographical area, and with the same seniority, status, and rate of pay the employee had just prior to such transfer.

(3) Respirator selection. The employer must:

(a) Select and provide to employees appropriate respirators as specified in this section, and in WAC 296-842-13005, in the respirator rule.

Make sure filtering facepiece respirators are not selected or used for protection against asbestos fibers.

(b) Provide employees with an air-purifying, half-facepiece respirator, other than a filtering-facepiece respirator, that is equipped with a HEPA filter or an N-, R-, or P-100 series filter whenever the employee performs:

(i) Class II and III asbestos work for which no negative-exposure assessment is available;

(ii) Class III asbestos work involving disturbances of TSI or surfacing ACM or PACM.

(c) Equip any powered air-purifying respirator (PAPR) or negative pressure air-purifying respirator with HEPA filters or N-, R-, or P-100 series filters.

(4) Special respiratory protection requirements.

(a) Unless specifically identified in this subsection, respirator selection for asbestos removal, demolition, and renovation operations ((shall))must be in accordance with the selection specifications of this section and the general selection requirements in WAC 296-842-13005, found in the respirator rule. The employer must provide and require to be worn, at no cost to the employee, a full facepiece supplied-air respirator operated in the pressure demand mode equipped with either an auxiliary positive pressure self-contained breathing apparatus or a HEPA filter egress cartridge, to employees engaged in the following asbestos operations:

(i) Inside negative pressure enclosures used for removal, demolition, and renovation of friable asbestos from walls, ceilings, vessels, ventilation ducts, elevator shafts, and other structural members, but does not include pipes or piping systems; or

(ii) Any dry removal of asbestos.

(b) For all Class I work excluded or not specified in (a)(i) and (ii) of this subsection, when a negative-exposure assessment is not available, and the exposure assessment indicates the exposure level will be at or below 1 f/cc as an 8-hour time weighted average, employers must provide employees with one of the following respirators:

(i) A tight-fitting, powered, air-purifying respirator equipped with high-efficiency filters;

(ii) A full-facepiece supplied-air respirator operated in the pressure-demand mode equipped with either HEPA egress cartridges; or

(iii) An auxiliary positive-pressure, self-contained breathing apparatus.

(c) Whenever the employees are in a regulated area performing Class I asbestos work for which a negative exposure assessment is not available, and an exposure assessment indicates that the exposure level will be above 1 f/cc as an 8-hour TWA, employers must provide a full facepiece supplied-air respirator operated in the pressure-demand mode equipped with an auxiliary positive-pressure self-contained breathing apparatus.

EXCEPTION:

In lieu of the supplied-air respirator required by subsection (4) of this section, an employer may provide and require to be worn, at no cost to the employee, a full facepiece supplied-air respirator operated in the continuous flow mode equipped with either an auxiliary positive pressure self-contained breathing apparatus or a back-up HEPA filter egress cartridge where daily and historical personal monitoring data indicates the concentration of asbestos fibers is not reasonably expected to exceed 10 f/cc. The continuous flow respirator shall be operated at a minimum air flow rate of six cubic feet per minute at the facepiece using respirable air supplied as required by chapter 296-842 WAC, Respirators.

(5) Respirator fit testing.

(a) For each employee wearing negative pressure respirators, employers ((shall))must perform either quantitative or qualitative face fit tests at the time of initial fitting and at least annually thereafter. The qualitative fit tests may be used only for testing the fit of half-mask respirators where they are permitted to be worn.

(b) Any supplied-air respirator facepiece equipped with a back-up HEPA filter egress cartridge ((shall))must be quantitatively fit tested (see ((WAC 296-62-07160 through 296-62-07162 and 296-62-07201 through 296-62-07248))chapter 296-842 WAC, Respirators).

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-07717Protective work clothing and equipment.

(1) Provision and use. If an employee is exposed to asbestos above the permissible exposure limits, or where the possibility of eye irritation exists, or for which a required negative exposure assessment is not produced and for any employee performing Class I operations, the employer ((shall))must provide at no cost to the employee and require that the employee uses appropriate protective work clothing and equipment such as, but not limited to:

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

(b) Gloves, head coverings, and foot coverings; and

(2) Removal and storage.

(a) The employer ((shall))must ensure that employees remove work clothing contaminated with asbestos only in change rooms provided in accordance with WAC 296-62-07719(1).

(b) The employer ((shall))must ensure that no employee takes contaminated work clothing out of the change room, except those employees authorized to do so for the purpose of laundering, maintenance, or disposal.

(c) Contaminated clothing. Contaminated clothing ((shall))must be transported in sealed impermeable bags, or other closed, impermeable containers, and be labeled in accordance with WAC 296-62-07721.

(d) The employer ((shall))must ensure that containers of contaminated protective devices or work clothing which are to be taken out of change rooms or the workplace for cleaning, maintenance, or disposal, bear labels in accordance with WAC 296-62-07721(5).

(3) Cleaning and replacement.

(a) The employer ((shall))must clean, launder, repair, or replace protective clothing and equipment required by this paragraph to maintain their effectiveness. The employer ((shall))must provide clean protective clothing and equipment at least weekly to each affected employee.

(b) The employer ((shall))must prohibit the removal of asbestos from protective clothing and equipment by blowing or shaking.

(c) Laundering of contaminated clothing ((shall))must be done so as to prevent the release of airborne fibers of asbestos in excess of the permissible exposure limits prescribed in WAC 296-62-07705.

(d) Any employer who gives contaminated clothing to another person for laundering ((shall))must inform such person of the requirement in (c) of this subsection to effectively prevent the release of airborne fibers of asbestos in excess of the permissible exposure limits.

(e) The employer ((shall))must inform any person who launders or cleans protective clothing or equipment contaminated with asbestos of the potentially harmful effects of exposure to asbestos.

(f) The employer ((shall))must ensure that contaminated clothing is transported in sealed impermeable bags, or other closed, impermeable containers, and labeled in accordance with WAC 296-62-07721.

(4) Inspection of protective clothing for construction and shipyard work.

(a) The competent person ((shall))must examine worksuits worn by employees at least once per workshift for rips or tears that may occur during performance of work.

(b) When rips or tears are detected while an employee is working, rips and tears ((shall))must be immediately mended, or the worksuit ((shall))must be immediately replaced.

AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03, effective 11/1/03)

WAC 296-62-07719Hygiene facilities and practices.

(1) Change rooms.

(a) The employer ((shall))must provide clean change rooms for employees required to work in regulated areas or required by WAC 296-62-07717(1) to wear protective clothing.

Exception:

In lieu of the change area requirement specified in this subsection, the employer may permit employees in Class III and Class IV asbestos work, to clean their protective clothing with a portable HEPA-equipped vacuum before such employees leave the area where maintenance was performed.

(b) The employer ((shall))must ensure that change rooms are in accordance with WAC 296-800-230, and are equipped with two separate lockers or storage facilities, so separated as to prevent contamination of the employee's street clothes from ((his/her))their protective work clothing and equipment.

(2) Showers.

(a) The employer ((shall))must ensure that employees who work in negative pressure enclosures required by WAC 296-62-07712, or who work in areas where their airborne exposure is above the permissible exposure limits prescribed in WAC 296-62-07705, shower at the end of the work shift.

(b) The employer ((shall))must provide shower facilities which comply with WAC 296-800-230.

(c) The employer ((shall))must ensure that employees who are required to shower pursuant to (a) of this subsection do not leave the workplace wearing any clothing or equipment worn during the work shift.

(3) Special requirements in addition to the other provisions of WAC 296-62-07719 for construction work defined in WAC 296-155-012 and for all shipyard work defined in WAC 296-304-010.

(a) Requirements for employees performing Class I asbestos jobs involving over twenty-five linear or ten square feet of TSI or surfacing ACM and PACM.

(i) Decontamination areas: The employer ((shall))must establish a decontamination area that is adjacent and connected to the regulated area for the decontamination of such employees. The decontamination area ((shall))must consist of an equipment room, shower area, and clean room in series. The employer ((shall))must ensure that employees enter and exit the regulated area through the decontamination area.

(A) Equipment room. The equipment room ((shall))must be supplied with impermeable, labeled bags and containers for the containment and disposal of contaminated protective equipment.

(B) Shower area. Shower facilities ((shall))must be provided which comply with WAC 296-800-230, unless the employer can demonstrate that they are not feasible. The showers ((shall))must be adjacent both to the equipment room and the clean room, unless the employer can demonstrate that this location is not feasible. Where the employer can demonstrate that it is not feasible to locate the shower between the equipment room and the clean room, or where the work is performed outdoors, the employers ((shall))must ensure that employees:

(I) Remove asbestos contamination from their worksuits in the equipment room using a HEPA vacuum before proceeding to a shower that is not adjacent to the work area; or

(II) Remove their contaminated worksuits in the equipment room, then don clean worksuits, and proceed to a shower that is not adjacent to the work area.

(C) Clean change room. The clean room ((shall))must be equipped with a locker or appropriate storage container for each employee's use.

(ii) Decontamination area entry procedures. The employer ((shall))must ensure that employees:

(A) Enter the decontamination area through the clean room;

(B) Remove and deposit street clothing within a locker provided for their use; and

(D) Before entering the regulated area, the employer ((shall))must ensure that employees pass through the equipment room.

(iii) Decontamination area exit procedures. The employer ((shall))must ensure that:

(A) Before leaving the regulated area, employees ((shall))must remove all gross contamination and debris from their protective clothing;

(B) Employees ((shall))must remove their protective clothing in the equipment room and deposit the clothing in labeled impermeable bags or containers;

(D) Employees ((shall))must shower prior to entering the clean room. When taking a shower, employees ((shall))must be fully wetted, including the face and hair, prior to removing the respirators;

(E) After showering, employees ((shall))must enter the clean room before changing into street clothes.

(b) Requirements for Class I work involving less than twenty-five linear or ten square feet of TSI or surfacing ACM and PACM, and for Class II and Class III asbestos work operations where exposures exceed a PEL or where there is no negative exposure assessment produced before the operation.

(i) The employer ((shall))must establish an equipment room or area that is adjacent to the regulated area for the decontamination of employees and their equipment which is contaminated with asbestos which ((shall))must consist of an area covered by a impermeable drop cloth on the floor or horizontal working surface.

(ii) The area must be of sufficient size as to accommodate cleaning of equipment and removing personal protective equipment without spreading contamination beyond the area (as determined by visible accumulations).

(iii) Work clothing must be cleaned with a HEPA vacuum before it is removed.

(iv) All equipment and surfaces of containers filled with ACM must be cleaned prior to removing them from the equipment room or area.

(v) The employer ((shall))must ensure that employees enter and exit the regulated area through the equipment room or area.

(c) Requirements for Class IV work. Employers ((shall))must ensure that employees performing Class IV work within a regulated area comply with hygiene practice required of employees performing work which has a higher classification within that regulated area. Otherwise employers of employees cleaning up debris and material which is TSI or surfacing ACM or identified as PACM ((shall))must provide decontamination facilities for such employees which are required by WAC 296-62-07719 (3)(b).

(d) Decontamination area for personnel ((shall))must not be used for the transportation of asbestos debris.

(e) Waste load-out procedure. The waste load-out area as required by WAC 296-62-07723 ((shall))must be used as an area for final preparation and external decontamination of waste containers, as a short term storage area for bagged waste, and as a port for transporting waste. The employer ((shall))must ensure waste containers be free of all gross contaminated material before removal from the negative-pressure enclosure. Gross contamination ((shall))must be wiped, scraped off, or washed off containers before they are placed into a two chamber air lock which is adjacent to the negative-pressure enclosure. In the first chamber, the exterior of the waste container ((shall))must be decontaminated or placed within a second waste container, and then it ((shall))must be moved into the second chamber of the air lock for temporary storage or transferred outside of the regulated area. The second waste container ((shall))must not be reused unless thoroughly decontaminated.

(4) Lunchrooms.

(a) The employer ((shall))must provide lunchroom facilities for employees who work in areas where their airborne exposure is above the time weighted average and/or excursion limit.

(b) The employer ((shall))must ensure that lunchroom facilities have a positive pressure, filtered air supply, and are readily accessible to employees.

(c) The employer ((shall))must ensure that employees who work in areas where their airborne exposure is above the time weighted average and/or excursion limit, wash their hands and faces prior to eating, drinking, or smoking.

(d) The employer ((shall))must ensure that employees do not enter lunchroom facilities with protective work clothing or equipment unless surface asbestos fibers have been removed from the clothing or equipment by vacuuming or other method that removes dust without causing the asbestos to become airborne.

(5) Smoking in work areas. The employer ((shall))must ensure that employees do not smoke in work areas where they are occupationally exposed to asbestos because of activities in that work area.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-07721Communication of hazards.

(1)(a) Communication of hazards to employees - Introduction. This section applies to the communication of information concerning asbestos hazards in general industry to facilitate compliance with this standard. Asbestos exposure in general industry occurs in a wide variety of industrial and commercial settings. Employees who manufacture asbestos-containing products may be exposed to asbestos fibers. Employees who repair and replace automotive brakes and clutches may be exposed to asbestos fibers. In addition, employees engaged in housekeeping activities in industrial facilities with asbestos product manufacturing operations, and in public and commercial buildings with installed asbestos-containing materials may be exposed to asbestos fibers. It should be noted that employees who perform housekeeping activities during and after construction activities are covered by asbestos construction work requirements in WAC 296-62-077. Housekeeping employees, regardless of industry designation, should know whether building components they maintain may expose them to asbestos. The same hazard communication provisions will protect employees who perform housekeeping operations in all three asbestos standards; general industry, construction, and shipyard employment. Building owners are often the only and/or best source of information concerning the presence of previously installed asbestos-containing building materials. Therefore they, along with employers of potentially exposed employees, are assigned specific information conveying and retention duties under this section.

(i) Chemical manufacturers, importers, distributors and employers ((shall))must comply with all requirements of the Hazard Communication Standard (HCS), WAC 296-901-140 for asbestos.

(ii) In classifying the hazards of asbestos at least the following hazards are to be addressed: Cancer and lung effects.

(iii) Employers ((shall))must include asbestos in the hazard communication program established to comply with the HCS WAC 296-901-140. Employers ((shall))must ensure that each employee has access to labels on containers of asbestos and to safety data sheets, and is trained in accordance with the requirements of HCS and WAC 296-62-07722.

(b) Installed asbestos-containing material. Employers and building owners are required to treat installed TSI and sprayed-on and troweled-on surfacing materials as ACM for the purposes of this standard. These materials are designated "presumed ACM or PACM," and are defined in WAC 296-62-07703. Asphalt and vinyl flooring installed no later than 1980 also must be treated as asbestos-containing. The employer or building owner may demonstrate that PACM and flooring materials do not contain asbestos by complying with WAC 296-62-07712 (10)(a)(ix).

(i) Building and facility owners must determine the presence, location, and quantity of ACM and/or PACM at the worksite. Employers and building and facility owners must exercise due diligence in complying with these requirements to inform employers and employees about the presence and location of ACM and PACM.

(ii) Before authorizing or allowing any construction, renovation, remodeling, maintenance, repair, or demolition project, an owner or owner's agent must perform, or cause to be performed, a good faith inspection to determine whether materials to be worked on or removed contain asbestos. The inspection must be documented by a written report maintained on file and made available upon request to the director.

(A) The good faith inspection must be conducted by an accredited inspector.

(B) Such good faith inspection is not required if the owner or owner's agent is reasonably certain that asbestos will not be disturbed by the project or the owner or owner's agent assumes that the suspect material contains asbestos and handles the material in accordance with WAC 296-62-07701 through 296-62-07753.

(iii) The owner or owner's agent must provide, to all contractors submitting a bid to undertake any construction, renovation, remodeling, maintenance, repair, or demolition project, the written statement either of the reasonable certainty of nondisturbance of asbestos or of assumption of the presence of asbestos. Contractors must be provided with the written report before they apply or bid to work.

(iv) Any owner or owner's agent who fails to comply with (c)(ii) and (iii) of this subsection must be subject to a mandatory fine of not less than two hundred fifty dollars for each violation. Each day the violation continues must be considered a separate violation. In addition, any construction, renovation, remodeling, maintenance, repair, or demolition which was started without meeting the requirements of this section must be halted immediately and cannot be resumed before meeting such requirements.

(v) Building and facility owners must inform employers of employees, and employers must inform employees who will perform housekeeping activities in areas which contain ACM and/or PACM of the presence and location of ACM and/or PACM in such areas which may be contacted during such activities.

(vi) Upon written or oral request, building or facility owners must make a copy of the written report required in this section available to the department of labor and industries and the collective bargaining representatives or employee representatives of any employee who may be exposed to any asbestos or asbestos-containing materials. A copy of the written report must be posted conspicuously at the location where employees report to work.

(vii) Building and facility owners must maintain records of all information required to be provided according to this section and/or otherwise known to the building owner concerning the presence, location and quantity of ACM and PACM in the building/facility. Such records must be kept for the duration of ownership and must be transferred to successive owners.

(2) Communication of hazards to employees. Requirements for construction and shipyard employment activities.

(a) Introduction. This section applies to the communication of information concerning asbestos hazards in construction and shipyard employment activities. Most asbestos-related construction and shipyard activities involve previously installed building materials. Building/vessel owners often are the only and/or best sources of information concerning them. Therefore, they, along with employers of potentially exposed employees, are assigned specific information conveying and retention duties under this section. Installed Asbestos Containing Building/Vessel Material: Employers and building/vessel owners must identify TSI and sprayed or troweled on surfacing materials as asbestos-containing unless the employer, by complying with WAC 296-62-07721(3) determines it is not asbestos containing. Asphalt or vinyl flooring/decking material installed in buildings or vessels no later than 1980 must also be considered as asbestos containing unless the employer/owner, according to WAC 296-62-07712 (10)(a)(ix) determines it is not asbestos containing. If the employer or building/vessel owner has actual knowledge or should have known, through the exercise of due diligence, that materials other than TSI and sprayed-on or troweled-on surfacing materials are asbestos containing, they must be treated as such. When communicating information to employees according to this standard, owners and employers must identify "PACM" as ACM. Additional requirements relating to communication of asbestos work on multiemployer worksites are set out in WAC 296-62-07706.

(b) Duties of building/vessel and facility owners.

(i) Before work subject to this section is begun, building/vessel and facility owners must identify the presence, location and quantity of ACM, and/or PACM at the worksite. All thermal system insulation and sprayed on or troweled on surfacing materials in buildings/vessels or substrates constructed no later than 1980 must be identified as PACM. In addition, resilient flooring/decking material installed no later than 1980 must also be identified as asbestos containing.

(ii) Before authorizing or allowing any construction, renovation, remodeling, maintenance, repair, or demolition project, a building/vessel and facility owner or owner's agent must perform, or cause to be performed, a good faith inspection to determine whether materials to be worked on or removed contain asbestos. The inspection must be documented by a written report maintained on file and made available upon request to the director.

(A) The good faith inspection must be conducted by an accredited inspector.

(B) Such good faith inspection is not required if the building/vessel and facility owner or owner's agent assumes that the suspect material contains asbestos and handles the material in accordance with WAC 296-62-07701 through 296-62-07753 or if the owner or the owner's agent is reasonably certain that asbestos will not be disturbed by the project.

(iii) The building/vessel and facility owner or owner's agent must provide, to all contractors submitting a bid to undertake any construction, renovation, remodeling, maintenance, repair, or demolition project, the written statement either of the reasonable certainty of nondisturbance of asbestos or of assumption of the presence of asbestos. Contractors must be provided the written report before they apply or bid on work.

(iv) Any building/vessel and facility owner or owners agent who fails to comply with WAC 296-62-07721 (2)(b)(ii) and (iii) must be subject to a mandatory fine of not less than two hundred fifty dollars for each violation. Each day the violation continues must be considered a separate violation. In addition, any construction, renovation, remodeling, maintenance, repair, or demolition which was started without meeting the requirements of this section must be halted immediately and cannot be resumed before meeting such requirements.

(v) Upon written or oral request, building/vessel and facility owner or owner's agent must make a copy of the written report required in this section available to the department of labor and industries and the collective bargaining representatives or employee representatives of any employee who may be exposed to any asbestos or asbestos-containing materials. A copy of the written report must be posted conspicuously at the location where employees report to work.

(vi) Building/vessel and facility owner or owner's agent must notify in writing the following persons of the presence, location and quantity of ACM or PACM, at worksites in their buildings/facilities/vessels.

(A) Prospective employers applying or bidding for work whose employees reasonably can be expected to work in or adjacent to areas containing such material;

(B) Employees of the owner who will work in or adjacent to areas containing such material;

(C) On multiemployer worksites, all employers of employees who will be performing work within or adjacent to areas containing such materials;

(D) Tenants who will occupy areas containing such materials.

(c) Duties of employers whose employees perform work subject to this standard in or adjacent to areas containing ACM and PACM. Building/vessel and facility owner or owner's agents whose employees perform such work must comply with these provisions to the extent applicable.

(i) Before work subject to this standard is begun, building/vessel and facility owner or owner's agents must determine the presence, location, and quantity of ACM and/or PACM at the worksite according to WAC 296-62-07721 (2)(b).

(ii) Before work under this standard is performed employers of employees who will perform such work must inform the following persons of the location and quantity of ACM and/or PACM present at the worksite and the precautions to be taken to insure that airborne asbestos is confined to the area.

(A) Owners of the building/vessel or facility;

(B) Employees who will perform such work and employers of employees who work and/or will be working in adjacent areas;

(iii) Upon written or oral request, a copy of the written report required in this section must be made available to the department of labor and industries and the collective bargaining representatives or employee representatives of any employee who may be exposed to any asbestos or asbestos-containing materials. A copy of the written report must be posted conspicuously at the location where employees report to work.

(iv) Within 10 days of the completion of such work, the employer whose employees have performed work subject to this standard, must inform the building/vessel or facility owner and employers of employees who will be working in the area of the current location and quantity of PACM and/or ACM remaining in the former regulated area and final monitoring results, if any.

(d) In addition to the above requirements, all employers who discover ACM and/or PACM on a worksite must convey information concerning the presence, location and quantity of such newly discovered ACM and/or PACM to the owner and to other employers of employees working at the worksite, within 24 hours of the discovery.

(e) No contractor may commence any construction, renovation, remodeling, maintenance, repair, or demolition project without receiving a copy of the written response or statement required by WAC 296-62-07721 (2)(b). Any contractor who begins any project without the copy of the written report or statement will be subject to a mandatory fine of not less than two hundred fifty dollars per day. Each day the violation continues will be considered a separate violation.

(3) Criteria to rebut the designation of installed material as PACM.

(a) At any time, an employer and/or building/vessel owner may demonstrate, for purposes of this standard, that PACM does not contain asbestos. Building/vessel owners and/or employers are not required to communicate information about the presence of building material for which such a demonstration according to the requirements of (b) of this subsection has been made. However, in all such cases, the information, data and analysis supporting the determination that PACM does not contain asbestos, must be retained according to WAC 296-62-07727.

(b) An employer or owner may demonstrate that PACM does not contain asbestos by the following:

(i) Having a completed inspection conducted according to the requirements of AHERA (40 C.F.R. Part 763, Subpart E) which demonstrates that the material is not ACM;

(ii) Performing tests of the material containing PACM which demonstrate that no asbestos is present in the material. Such tests must include analysis of bulk samples collected in the manner described in 40 C.F.R. 763.86, Asbestos-containing materials in schools. The tests, evaluation and sample collection must be conducted by an accredited inspector. Analysis of samples must be performed by persons or laboratories with proficiency demonstrated by current successful participation in a nationally recognized testing program such as the National Voluntary Laboratory Accreditation Program (NVLAP) of the National Institute for Standards and Technology (NIST) or the Round Robin for bulk samples administered by the American Industrial Hygiene Associate (AIHA), or an equivalent nationally recognized Round Robin testing program.

(4) Warning signs.

(a) Warning signs that demarcate the regulated area must be provided and displayed at each location where a regulated area is required to be established by WAC 296-62-07711. Signs must be posted at such a location that an employee may read the signs and take necessary protective steps before entering the area marked by the signs.

(b) Sign specifications:

(i) The warning signs required by (a) of this subsection must bear the following information:

DANGER

ASBESTOS

MAY CAUSE CANCER

CAUSES DAMAGE TO LUNGS

AUTHORIZED PERSONNEL ONLY

(ii) In addition, where the use of respirators and protective clothing is required in the regulated area under this section, the warning signs ((shall))must include the following:

WEAR RESPIRATORY PROTECTION AND

PROTECTIVE CLOTHING IN THIS AREA

(((iii) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in (b)(i) and (ii) of this subsection:

DANGER

ASBESTOS

CANCER AND LUNG DISEASE HAZARD

AUTHORIZED PERSONNEL ONLY

RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA))

(c) The employer ((shall))must ensure that employees working in and contiguous to regulated areas comprehend the warning signs required to be posted by (a) of this subsection. Means to ensure employee comprehension may include the use of foreign languages, pictographs, and graphics.

(d) At the entrance to mechanical rooms/areas in which employees reasonably can be expected to enter and which contain TSI or surfacing ACM and PACM, the building/vessel and facility owner or owner's agent must post signs which identify the material which is present, its location, and appropriate work practices which, if followed, will ensure that ACM and/or PACM will not be disturbed. The employer ((shall))must ensure, to the extent feasible, that employees who come in contact with these signs can comprehend them. Means to ensure employee comprehension may include the use of foreign languages, pictographs, graphics, and awareness training.

(5) Warning labels.

(a) Labeling. Labels ((shall))must be affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing asbestos fibers, or to their containers. When a building owner or employer identifies previously installed ACM and/or PACM, labels or signs ((shall))must be affixed or posted so that employees will be notified of what materials contain ACM and/or PACM. The employer ((shall))must attach such labels in areas where they will clearly be noticed by employees who are likely to be exposed, such as at the entrance to mechanical room/areas. Signs required by subsection (1) of this section may be posted in lieu of labels so long as they contain the information required for labeling.

(b) Labels must be printed in large, bold letters on a contrasting background.

(c) Label specifications. In addition to the requirements of subsection (1) of this section, the employer ((shall))must ensure that labels of bags or containers of protective clothing and equipment, scrap, waste, and debris containing asbestos fibers include the following information:

DANGER

CONTAINS ASBESTOS FIBERS

MAY CAUSE CANCER

CAUSES DAMAGE TO LUNGS

DO NOT BREATHE DUST

AVOID CREATING DUST

(((d) Prior to June 1, 2015, employers may include the following information on raw materials, mixtures or labels of bags or containers of protective clothing and equipment, scrap, waste, and debris containing asbestos fibers in lieu of the labeling requirements in subsections (1)(a)(i) and (6)(c) of this section:

DANGER

CONTAINS ASBESTOS FIBERS

AVOID CREATING DUST

CANCER AND LUNG DISEASE HAZARD

AVOID BREATHING AIRBORNE ASBESTOS FIBERS))

(6) The provisions for labels and for safety data sheets required by subsection (1) of this section do not apply where:

(a) Asbestos fibers have been modified by a bonding agent, coating, binder, or other material, provided that the manufacturer can demonstrate that during any reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no airborne concentrations of fibers of asbestos in excess of the excursion limit will be released; or

(b) Asbestos is present in a product in concentrations less than 1.0 percent by weight.

(7) Safety data sheets. Employers who are manufacturers or importers of asbestos, or asbestos products must comply with the requirements regarding development of safety data sheets as specified in WAC ((296-62-05413))296-901-14014, except as provided by subsection (6) of this section.

(8) When a building/vessel owner/or employer identifies previously installed PACM and/or ACM, labels or signs must be affixed or posted so that employees will be notified of what materials contain PACM and/or ACM. The employer must attach such labels in areas where they will clearly be noticed by employees who are likely to be exposed, such as at the entrance to mechanical rooms/areas. Signs required by subsection (4)(a) of this section may be posted in lieu of labels so long as they contain information required for labeling. The employer must ensure, to the extent feasible, that employees who come in contact with these signs can comprehend them. Means to ensure employee comprehension may include the use of foreign languages, pictographs, graphics, and awareness training.

AMENDATORY SECTION(Amending WSR 05-03-093, filed 1/18/05, effective 3/1/05)

WAC 296-62-07722Employee information and training.

(1) Certification.

(a) Only certified asbestos workers may work on an asbestos project as required in WAC 296-65-010 and 296-65-030.

(b) Only certified asbestos supervisors may supervise asbestos abatement projects as required in WAC 296-65-012 and 296-65-030.

(c) In cases where certification requirements of chapter 296-65 WAC do not apply, all employees must be trained according to the provisions of this section regardless of their exposure levels.

(d) Certification is not required for asbestos work on materials containing less than one percent asbestos.

(2) Training must be provided prior to or at the time of initial assignment, unless the employee has received equivalent training within the previous twelve months, and at least annually thereafter.

(3) Asbestos projects.

(a) Class I work must be considered an asbestos project. Only certified asbestos workers may do this work.

(b) Only certified workers may conduct Class II asbestos work that is considered an asbestos project.

(i) The following Class II asbestos work must be considered asbestos projects:

(A) All Class II asbestos work where critical barriers, equivalent isolation methods, or negative pressure enclosures are required; or

(B) All Class II asbestos work where asbestos containing materials do not stay intact (including removal of vinyl asbestos floor (VAT) or roofing materials by mechanical methods such as chipping, grinding, or sanding).

(ii) The following Class II asbestos work is not considered an asbestos project and is excluded from asbestos worker certification:

(A) All Class II asbestos work involving intact asbestos containing materials (for example, intact roofing materials, bituminous or asphalt pipeline coatings, and intact flooring/decking materials);

(B) All Class II asbestos work of less than one square foot of asbestos containing materials; or

(C) All Class II asbestos work involving asbestos-cement water pipe when the work is done in accordance with training approved by the department through the asbestos certification program (see WAC 296-65-015(4)).

(iii) Asbestos work involving the removal of one square foot or more of intact roofing materials by mechanical sawing or heavy equipment must meet the following requirements:

(A) Only certified asbestos workers may conduct mechanical sawing of intact roofing material;

(B) Noncertified asbestos workers may handle roofing dust, material and debris;

(C) Operators of heavy equipment (such as track hoes with clam shells and excavators) do not need to be certified asbestos workers in the removal or demolition of intact roofing materials.

(c) Only certified asbestos workers may conduct all Class III and Class IV asbestos work that is considered an asbestos project.

(i) The following asbestos work is considered an asbestos project:

(A) All Class III asbestos work where one square foot or more of asbestos containing materials that do not stay intact;

(B) All Class IV asbestos work where one square foot or more of asbestos containing materials that do not stay intact; or

(ii) Except for a project involving pipe insulation work, any project involving only Class III or Class IV asbestos work with less than one square foot of asbestos containing materials is not considered an asbestos project.

(4) Training requirements for asbestos work that is not considered an asbestos project or is excluded from asbestos worker certification.

(a) Class II asbestos work.

(i) Employers must provide eight-hours of training to employees who perform asbestos work on one generic category of asbestos containing materials (ACM). When performing asbestos work in more than one category of asbestos containing materials, additional training must be used to supplement the first eight hour training course.

(ii) The training course must include:

((•	Hands-on training that applies to the category of asbestos containing materials,
•	Specific work practices and engineering controls related to the category of asbestos containing materials present as specified in WAC 296-62-07712, and
•	All the minimum elements of subsection (5) of this section.))

(A) Hands-on training that applies to the category of asbestos containing materials;

(B) Specific work practices and engineering controls related to the category of asbestos containing materials present as specified in WAC 296-62-07712; and

(b) Class III asbestos work (maintenance and custodial work in buildings containing asbestos containing materials).

(i) Employers must provide training with curriculum and training methods equivalent to the sixteen-hour operations and maintenance course developed by the EPA. (See 40 C.F.R. 763.92 (a)(2).) For those employees whose only affected work is Class II work as described in subsection (4)(a)(i) of this section, employers must meet this 16-hour training requirement or provide training that meets the eight hours Class II requirements in subsection (4)(a) of this section.

(ii) Sixteen hours of training must include:

((•	Hands-on training in the use of respiratory protection and work practices, and
•	All the minimum elements of subsection (5) of this section.))

(A) Hands-on training in the use of respiratory protection and work practices; and

(B) All the minimum elements of subsection (5) of this section.

(i) Employers must provide at least two hours of training with curriculum and training methods equivalent to the awareness training course developed by the EPA.

(ii) Training must include:

((•	Available information concerning the location of PACM, ACM, asbestos-containing flooring materials or flooring materials where the absence of asbestos has not been certified,
•	Instruction on how to recognize damaged, deteriorated, and delimitation of asbestos containing building materials, and
•	All of the minimum elements of subsection (5) of this section.))

(A) Available information concerning the location of PACM, ACM, asbestos-containing flooring materials or flooring materials where the absence of asbestos has not been certified;

(B) Instruction on how to recognize damaged, deteriorated, and delimitation of asbestos containing building materials; and

(5) The training program must be conducted in a manner which the employee is able to understand. The employer must ensure that each employee is informed of the following:

(a) The health effects associated with asbestos exposure;

(b) The relationship between smoking and exposure to asbestos producing lung cancer;

(c) Methods of recognizing asbestos and quantity, location, manner of use, release (including the requirements of WAC 296-62-07721 (1)(c) and (2)(b) to presume certain building materials contain asbestos), and storage of asbestos and the specific nature of operations which could result in exposure to asbestos;

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

(e) The specific procedures implemented to protect employees from exposure to asbestos, such as appropriate work practices, housekeeping procedures, hygiene facilities, decontamination procedures, emergency and clean-up procedures (including where Class III and IV work is performed, the contents "Managing Asbestos In Place" (EPA 20T-2003, July 1990) or its equivalent in content), personal protective equipment to be used, waste disposal procedures, and any necessary instructions in the use of these controls and procedures;

(f) The purpose, proper use, and limitations of protective clothing;

(g) The purpose and a description of the medical surveillance program required by WAC 296-62-07725;

(h) The content of this standard, including appendices;

(i) The names, addresses and phone numbers of public health organizations which provide information, materials, and/or conduct programs concerning smoking cessation. The employer may distribute the list of such organizations contained in Appendix I, to comply with this requirement;

(j) The requirements for posting signs and affixing labels and the meaning of the required legends for such signs and labels; and

(k) The purpose, proper use, limitations, and other training requirements for respiratory protection as required by chapter 296-842 WAC (see WAC 296-842-11005, 296-842-16005, and 296-842-19005).

(6) The employer must also provide, at no cost to employees who perform housekeeping operations in a facility which contains ACM or PACM, an asbestos awareness training course to all employees who are or will work in areas where ACM and/or PACM is present who work in buildings containing asbestos-containing materials, which must, at a minimum, contain the following elements:

((•	Health effects of asbestos,
•	Locations of ACM and PACM in the building/facility,
•	Recognition of ACM and PACM damage and deterioration,
•	Requirements in this standard relating to housekeeping, and
•	Proper response to fiber release episodes.))

(a) Health effects of asbestos;

(b) Locations of ACM and PACM in the building/facility;

(d) Requirements in this standard relating to housekeeping; and

(e) Proper response to fiber release episodes.

Each such employee must be so trained at least once a year.

(7) Access to information and training materials.

(a) The employer must make a copy of this standard and its appendices readily available without cost to all affected employees.

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

(c) The employer must inform all employees concerning the availability of self-help smoking cessation program material. Upon employee request, the employer must distribute such material, consisting of NIH Publication No. 89-1647, or equivalent self-help material, which is approved or published by a public health organization listed in Appendix I, WAC 296-62-07751.

AMENDATORY SECTION(Amending WSR 97-01-079, filed 12/17/96, effective 3/1/97)

WAC 296-62-07723Housekeeping.

(1) All surfaces ((shall))must be maintained as free as practicable of accumulations of dusts and waste containing asbestos.

(2) All spills and sudden releases of material containing asbestos ((shall))must be cleaned up as soon as possible.

(3) Surfaces contaminated with asbestos may not be cleaned by the use of compressed air.

(4) Vacuuming. HEPA-filtered vacuuming equipment ((shall))must be used for vacuuming. The equipment ((shall))must be used and emptied in a manner which minimizes the reentry of asbestos into the workplace.

(5) Shoveling, dry sweeping, and dry clean-up of asbestos may be used only where vacuuming and/or wet cleaning are not feasible.

(6) Waste disposal. Waste, scrap, debris, bags, containers, equipment, and clothing contaminated with asbestos consigned for disposal, ((shall))must be collected and disposed of in sealed impermeable bags, or other closed, impermeable containers. To avoid breakage, bags ((shall))must be at least six mils in thickness and shall not be dragged or slid across rough or abrasive surfaces.

(7) Waste removal. Whenever a negative-pressure enclosure is required by WAC 296-62-07712, the employer wherever feasible, ((shall))must establish a waste-load-out area that is adjacent and connected to the negative-pressure enclosure, constructed of a two chamber air lock, for the decontamination and removal of asbestos debris.

(8) Deterioration. Asbestos and asbestos containing material which has become damaged or deteriorated ((shall))must be repaired, enclosed, encapsulated, or removed.

(9) Care of asbestos-containing flooring/decking material.

(a) Sanding of asbestos-containing floor/deck material is prohibited.

(b) Stripping of finishes ((shall))must be conducted using low abrasion pads at speeds lower than 300 rpm and wet methods.

(c) Burnishing or dry buffing may be performed only on asbestos-containing flooring/decking which has sufficient finish so that the pad cannot contact the asbestos-containing material.

(d) Dust and debris in an area containing TSI or surfacing ACM/PACM or visibly deteriorated ACM, ((shall))must not be dusted or swept dry, or vacuumed without using a HEPA filter.

(10) Waste and debris and accompanying dust in an area containing accessible thermal system insulation or surfacing material or visibly deteriorated ACM:

(a) ((Shall))Must not be dusted or swept dry, or vacuumed without using a HEPA filter;

(b) ((Shall))Must be promptly cleaned up and disposed of in leak tight containers.

AMENDATORY SECTION(Amending WSR 06-05-027, filed 2/7/06, effective 4/1/06)

WAC 296-62-07725Medical surveillance.

(1) General.

(a) Employees covered. The employer ((shall))must institute a medical surveillance program for all employees who are or will be exposed to airborne concentrations of fibers of asbestos at or above the permissible exposure limits. Exception.

Employers in the construction or shipyard industries ((shall))must institute a medical surveillance program for all employees who for a combined total of thirty or more days per year are engaged in Class I, II, and III work, or are exposed at or above the permissible exposure limit for combined thirty days or more per year; or who are required by the standard to wear negative pressure respirators. For the purpose of this subsection, any day in which an employee engaged in Class II or III work or a combination thereof for one hour or less (taking into account the entire time spent on the removal operation, including cleanup), and, while doing so adheres to the work practices specified in this standard, shall not be counted.

(b) Examination by a physician.

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

(ii) Persons other than licensed physicians, who administer the pulmonary function testing required by this section, ((shall))must complete a training course in spirometry sponsored by an appropriate academic or professional institution.

(2) Preplacement examinations.

(a) Except as provided by WAC 296-62-07725 (1)(a), before an employee is assigned to an occupation exposed to airborne concentrations of asbestos, a preplacement medical examination ((shall))must be provided or made available by the employer. Examinations administered using the thirty or more days per year criteria of WAC 296-62-07725 (1)(a) ((shall))must be given within ten working days following the thirtieth day of exposure. Examinations must be given prior to assignment of employees to areas where negative-pressure respirators are worn.

(b) All examinations ((shall))must include, as a minimum, a medical and work history: A complete physical examination of all systems with special emphasis on the pulmonary, cardiovascular, and gastrointestinal systems; completion of the respiratory disease standardized questionnaire in WAC 296-62-07741, Appendix D, Part 1; a chest roentgenogram (posterior-anterior 14x17 inches); pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV1.0); and any additional tests deemed appropriate by the examining physician. Interpretation and classification of chest roentgenograms ((shall))must be conducted in accordance with WAC 296-62-07743, Appendix E.

(3) Periodic examinations.

(a) Periodic medical examinations ((shall))must be made available annually.

(b) The scope of the medical examination ((shall))must be in conformance with the protocol established in subsection (2)(b) of this section, except that the frequency of chest roentgenograms ((shall))must be conducted in accordance with Table 2 of this section, and the abbreviated standardized questionnaire contained in WAC 296-62-07741, Appendix D, Part 2, ((shall))must be administered to the employee.

TABLE 2—FREQUENCY OF CHEST ROENTGENOGRAMS

Years since first exposure		Age of employee
	15 to 35	35+ to 45	45+
0 to 10 . . . .	Every 5 years	Every 5 years	Every 5 years.
10+ . . . .	Every 5 years	Every 2 years	Every 1 year.

(c) If the examining physician determines that any of the examinations should be provided more frequently than specified, the employer ((shall))must provide such examinations to affected employees at the frequencies specified by the physician.

(4) Termination of employment examinations.

(a) The employer ((shall))must provide, or make available, a termination of employment medical examination for any employee who has been exposed to airborne concentrations of fibers of asbestos at or above the permissible exposure limits.

(b) The medical examination ((shall))must be in accordance with the requirements of the periodic examinations stipulated in subsection (3) of this section, and ((shall))must be given within thirty calendar days before or after the date of termination of employment.

(5) Recent examinations. No medical examination is required of any employee, if adequate records show that the employee has been examined in accordance with subsection (2), (3), or (4) of this section within the past one-year period.

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

(a) A copy of this standard and Appendices D, E, and H of WAC 296-62-07741, 296-62-07743, and 296-62-07749 respectively.

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

(d) A description of any personal protective and respiratory equipment used or to be used.

(e) Information from previous medical examinations of the affected employee that is not otherwise available to the examining physician.

(7) Physician's written opinion.

(a) The employer ((shall))must obtain a written opinion from the examining physician. This written opinion ((shall))must contain the results of the medical examination and ((shall))must include:

(i) The physician's opinion as to whether the employee has any detected medical conditions that would place the employee at an increased risk of material health impairment from exposure to asbestos;

(ii) Any recommended limitations on the employee or upon the use of personal protective equipment such as clothing or respirators;

(iii) A statement that the employee has been informed by the physician of the results of the medical examination and of any medical conditions resulting from asbestos exposure that require further explanation or treatment; and

(iv) A statement that the employee has been informed by the physician of the increased risk of lung cancer attributable to the combined effect of smoking and asbestos exposure.

(b) The employer ((shall))must instruct the physician not to reveal in the written opinion given to the employer specific findings or diagnoses unrelated to occupational exposure to asbestos.

(c) The employer ((shall))must provide a copy of the physician's written opinion to the affected employee within thirty days from its receipt.

AMENDATORY SECTION(Amending WSR 04-10-026, filed 4/27/04, effective 8/1/04)

WAC 296-62-07727Recordkeeping.

(1) Exposure measurements.

(a) The employer ((shall))must keep an accurate record of all measurements taken to monitor employee exposure to asbestos as prescribed in WAC 296-62-07709.

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

(i) Name of employer;

(ii) Name of person conducting monitoring;

(iii) The date of measurement;

(iv) Address of operation or activity;

(v) Description of the operation or activity involving exposure to asbestos that is being monitored;

(vi) Personal or area sample;

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

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

(ix) Pump calibration date and flow rate;

(x) Total volume of air sampled;

(xi) Name and address of analytical laboratory;

(xii) Number, duration, and results (f/cc) of samples taken;

(xiii) Date of analysis; and

(xiv) Sampling and analytical methods used and evidence of their accuracy.

(c) The employer ((shall))must maintain this record for the duration of employment plus thirty years, in accordance with chapter 296-802 WAC.

(2) Objective data for exempted operations.

(a) Where the processing, use, or handling of products made from or containing asbestos is exempted from other requirements of this section under WAC 296-62-07709 (2)(a)(iii) and (3)(b)(i), the employer ((shall))must establish and maintain an accurate record of objective data reasonably relied upon in support of the exemption.

(b) The record ((shall))must include at least the following:

(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 asbestos;

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

Note:

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.

(3) Medical surveillance.

(a) The employer ((shall))must establish and maintain an accurate record for each employee subject to medical surveillance by WAC 296-62-07725 (1)(a), in accordance with chapter 296-802 WAC.

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

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

(ii) Physician's written opinions;

(iii) Any employee medical complaints related to exposure to asbestos;

(iv) A copy of the information provided to the physician as required by WAC 296-62-07725(6); and

(v) A copy of the employee's medical examination results, including the medical history, questionnaire responses, results of any tests, and physicians recommendations.

(c) The employer ((shall))must ensure that this record is maintained for the duration of employment plus thirty years, in accordance with chapter 296-802 WAC.

(4) Training. The employer ((shall))must maintain all employee training records for one year beyond the last date of employment of that employee.

(5) Availability.

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

(b) The employer, upon request, ((shall))must make any exposure records required by subsection (1) of this section available for examination and copying to affected employees, former employees, designated representatives, and the director, in accordance with chapter 296-802 WAC.

(c) The employer, upon request, ((shall))must make employee medical records required by subsection (2) of this section available for examination and copying to the subject employee, to anyone having the specific written consent of the subject employee, and the director, in accordance with chapter 296-802 WAC.

(6) Transfer of records.

(a) The employer ((shall))must comply with the requirements concerning transfer of records set forth in chapter 296-802 WAC.

(7) Data to rebut PACM. Where the building owner and employer have relied on data to demonstrate that PACM is not asbestos-containing, such data ((shall))must be maintained for as long as they are relied upon to rebut the presumption.

(8) Records of required notifications. Where the building owner has communicated and received information concerning the identification, location and quantity of ACM and PACM, written records of such notifications and their content ((shall))must be maintained by the building owner for the duration of ownership and ((shall))must be transferred to successive owners of such buildings/facilities.

AMENDATORY SECTION(Amending WSR 99-17-026, filed 8/10/99, effective 11/10/99)

WAC 296-62-07728Competent person.

(1) General. For all construction and shipyard work covered by this standard, the employer must designate a competent person, having the qualifications and authorities for ensuring worker safety and health as required by chapter 296-155 WAC.

(2) Required inspections by the competent person. WAC 296-155-110(9) which requires health and safety prevention programs to provide for frequent and regular inspections on the job sites, materials, and equipment to be made by the competent person, is incorporated.

(3) Additional inspections. In addition, the competent person must make frequent and regular inspections of the job sites in order to perform the duties set out below in this section. For Class I jobs, on-site inspections must be made at least once during each work shift, and at any time at employee request. For Class II and III jobs, on-site inspections must be made at intervals sufficient to assess whether conditions have changed, and at any reasonable time at employee request.

(4) On all worksites where employees are engaged in Class I or II asbestos work, the competent person designated in accordance with WAC 296-62-07712 must perform or supervise the following duties, as applicable:

(a) Set up the regulated area, enclosure, or other containment;

(b) Ensure (by on-site inspection) the integrity of the enclosure or containment;

(d) Supervise all employee exposure monitoring required by this section and ensure that it is conducted as required by WAC 296-62-07709;

(e) Ensure that employees working within the enclosure and/or using glovebags wear protective clothing and respirators as required by WAC 296-62-07715 and 296-62-07717;

(f) Ensure through on-site supervision, that employees set up and remove engineering controls, use work practices and personal protective equipment in compliance with all requirements;

(g) Ensure that employees use the hygiene facilities and observe the decontamination procedures specified in WAC 296-62-07719;

(h) Ensure that through on-site inspection engineering controls are functioning properly and employees are using proper work practices; and

(i) Ensure that notification requirements in WAC 296-62-07721 are met.

(5) Training for competent person.

(a) For Class I and II asbestos work the competent person must be trained in all aspects of asbestos removal and handling, including:

((•	Abatement,
•	Installation,
•	Removal and handling,
•	The contents of this standard,
•	The identification of asbestos,
•	Removal procedures where appropriate, and
•	Other practices for reducing the hazard.))

(i) Abatement;

(ii) Installation;

(iii) Removal and handling;

(iv) The contents of this standard;

(v) The identification of asbestos;

(vi) Removal procedures where appropriate; and

(vii) Other practices for reducing the hazard.

Such training must be the certified asbestos supervisor training specified in WAC 296-65-003, 296-65-012, and 296-65-030.

(b) For Class III and IV asbestos work:

(i) The competent person must be certified as an asbestos supervisor as prescribed in WAC 296-65-012 and 296-65-030 for Class III and IV work involving an asbestos project of 3 square feet or 3 linear feet or more of asbestos containing material.

(ii) For Class III and IV asbestos work involving less than 3 square feet or 3 linear feet of asbestos containing material, the competent person must be trained in:

((•	Aspects of asbestos handling appropriate for the nature of the work, to include procedures for setting up glove bags and mini-enclosures,
•	Practices for reducing asbestos exposures,
•	Use of wet methods,
•	The contents of this standard, and
•	The identification of asbestos.))

(A) Aspects of asbestos handling appropriate for the nature of the work, to include procedures for setting up glove bags and mini-enclosures;

(B) Practices for reducing asbestos exposures;

(D) The contents of this standard; and

(E) The identification of asbestos.

Such training must include successful completion of a course equivalent in curriculum and training method to the 16-hour Operations and Maintenance course developed by EPA for maintenance and custodial workers (see 40 C.F.R. 763.92 (a)(2)) or its equivalent in stringency, content and length.

AMENDATORY SECTION(Amending WSR 99-17-026, filed 8/10/99, effective 11/10/99)

WAC 296-62-07735Appendix A—WISHA reference method—Mandatory.

This mandatory appendix specifies the procedure for analyzing air samples for asbestos, tremolite, anthophyllite, and actinolite and specifies quality control procedures that must be implemented by laboratories performing the analysis. The sampling and analytical methods described below represent the elements of the available monitoring methods (such as Appendix B to this section, the most current version of the WISHA method ID-60, or the most current version of the NIOSH 7400 method) which WISHA considers to be essential to achieve adequate employee exposure monitoring while allowing employers to use methods that are already established within their organizations. All employers who are required to conduct air monitoring under WAC 296-62-07709 are required to utilize analytical laboratories that use this procedure, or an equivalent method, for collecting and analyzing samples.

(1) Sampling and analytical procedure.

(a) The sampling medium for air samples must be mixed cellulose ester filter membranes. These must be designated by the manufacturer as suitable for asbestos, tremolite, anthophyllite, and actinolite counting. See below for rejection of blanks.

(b) The preferred collection device is the 25-mm diameter cassette with an open-faced 50-mm electrically conductive extension cowl. The 37-mm cassette may be used if necessary but only if written justification for the need to use the 37-mm filter cassette accompanies the sample results in the employee's exposure monitoring record. Do not reuse or reload cassettes for asbestos sample collection.

(c) An air flow rate between 0.5 liter/min and 4.0 liters/min must be selected for the 25-mm cassette. If the 37-mm cassette is used, an air flow rate between 1 liter/min and 4.0 liters/min must be selected.

(d) Where possible, a sufficient air volume for each air sample must be collected to yield between one hundred and one thousand three hundred fibers per square millimeter on the membrane filter. If a filter darkens in appearance or if loose dust is seen on the filter, a second sample must be started.

(e) Ship the samples in a rigid container with sufficient packing material to prevent dislodging the collected fibers. Packing material that has a high electrostatic charge on its surface (e.g., expanded polystyrene) cannot be used because such material can cause loss of fibers to the sides of the cassette.

(f) Calibrate each personal sampling pump before and after use with a representative filter cassette installed between the pump and the calibration devices.

(g) Personal samples must be taken in the "breathing zone" of the employee (i.e., attached to or near the collar or lapel near the worker's face).

(h) Fiber counts must be made by positive phase contrast using a microscope with an 8 to 10 X eyepiece and a 40 to 45 X objective for a total magnification of approximately 400 X and a numerical aperture of 0.65 to 0.75. The microscope ((shall))must also be fitted with a green or blue filter.

(i) The microscope must be fitted with a Walton-Beckett eyepiece graticule calibrated for a field diameter of one hundred micrometers (+/-2 micrometers).

(j) The phase-shift detection limit of the microscope must be about 3 degrees measured using the HSE phase shift test slide as outlined below.

(i) Place the test slide on the microscope stage and center it under the phase objective.

(ii) Bring the blocks of grooved lines into focus.

Note:

The slide consists of seven sets of grooved lines (ca. 20 grooves to each block) in descending order of visibility from sets one to seven, seven being the least visible. The requirements for asbestos, tremolite, anthophyllite, and actinolite counting are that the microscope optics must resolve the grooved lines in set three completely, although they may appear somewhat faint, and that the grooved lines in sets six and seven must be invisible. Sets four and five must be at least partially visible but may vary slightly in visibility between microscopes. A microscope that fails to meet these requirements has either too low or too high a resolution to be used for asbestos, tremolite, anthophyllite, and actinolite counting.

(iii) If the image deteriorates, clean and adjust the microscope optics. If the problem persists, consult the microscope manufacturer.

(k) Each set of samples taken will include ten percent blanks or a minimum of two blanks. These blanks must come from the same lot as the filters used for sample collection. The field blank results must be averaged and subtracted from the analytical results before reporting. Any samples represented by a blank having a fiber count in excess of the detection limit of the method being used must be rejected.

(l) The samples must be mounted by the acetone/triacetin method or a method with an equivalent index of refraction and similar clarity.

(m) Observe the following counting rules.

(i) Count only fibers equal to or longer than five micrometers. Measure the length of curved fibers along the curve.

(ii) Count all particles as asbestos, tremolite, anthophyllite, and actinolite that have a length-to-width ratio (aspect ratio) of three to one or greater.

(iii) Fibers lying entirely within the boundary of the Walton-Beckett graticule field must receive a count of one. Fibers crossing the boundary once, having one end within the circle, must receive the count of one-half. Do not count any fiber that crosses the graticule boundary more than once. Reject and do not count any other fibers even though they may be visible outside the graticule area.

(iv) Count bundles of fibers as one fiber unless individual fibers can be identified by observing both ends of an individual fiber.

(v) Count enough graticule fields to yield 100 fibers. Count a minimum of 20 fields; stop counting at 100 fields regardless of fiber count.

(n) Blind recounts must be conducted at the rate of ten percent.

(2) Quality control procedures.

(a) Intralaboratory program. Each laboratory and/or each company with more than one microscopist counting slides must establish a statistically designed quality assurance program involving blind recounts and comparisons between microscopists to monitor the variability of counting by each microscopist and between microscopists. In a company with more than one laboratory, the program must include all laboratories and must also evaluate the laboratory-to-laboratory variability.

(b) Interlaboratory program.

(i) Each laboratory analyzing asbestos, tremolite, anthophyllite, and actinolite samples for compliance determination ((shall))must implement an interlaboratory quality assurance program that as a minimum includes participation of at least two other independent laboratories. Each laboratory must participate in round robin testing at least once every six months with at least all the other laboratories in its interlaboratory quality assurance group. Each laboratory must submit slides typical of its own work load for use in this program. The round robin ((shall))must be designed and results analyzed using appropriate statistical methodology.

(ii) All laboratories should participate in a national sample testing scheme such as the Proficiency Analytical Testing Program (PAT), the Asbestos Registry sponsored by the American Industrial Hygiene Association (AIHA).

(c) All individuals performing asbestos, tremolite, anthophyllite, and actinolite analysis must have taken the NIOSH course for sampling and evaluating airborne asbestos, tremolite, anthophyllite, and actinolite dust or an equivalent course, recognized by the department.

(d) When the use of different microscopes contributes to differences between counters and laboratories, the effect of the different microscope must be evaluated and the microscope must be replaced, as necessary.

(e) Current results of these quality assurance programs must be posted in each laboratory to keep the microscopists informed.

AMENDATORY SECTION(Amending WSR 87-24-051, filed 11/30/87)

WAC 296-62-07743Appendix E—Interpretation and classification of chest roentgenograms—Mandatory.

(1) Chest roentgenograms ((shall))must be interpreted and classified in accordance with a professionally accepted classification system and recorded on an interpretation form following the format of the CDC/NIOSH (M) 2.8 form. As a minimum, the content within the bold lines of this form (items one through four) ((shall))must be included. This form is not to be submitted to NIOSH.

(2) Roentgenograms ((shall))must be interpreted and classified only by a B-reader, a board eligible/certified radiologist, or an experienced physician with known expertise in pneumoconioses.

(3) All interpreters, whenever interpreting chest roentgenograms made under this section, ((shall))must have immediately available for reference a complete set of the ILO-U/C International Classification of Radiographs for Pneumoconioses, 1980.

AMENDATORY SECTION(Amending WSR 00-06-075, filed 3/1/00, effective 4/10/00)

WAC 296-62-07745Appendix F—Work practices and engineering controls for automotive brake and clutch inspection, disassembly, repair and assembly—Mandatory.

This mandatory appendix specifies engineering controls and work practices that must be implemented by the employer during automotive brake and clutch inspection, disassembly, repair, and assembly operations. Proper use of these engineering controls and work practices will reduce employees' asbestos exposure below the permissible exposure level during clutch and brake inspection, disassembly, repair, and assembly operations. The employer ((shall))must institute engineering controls and work practices using either the method set forth in (1) or (2) of this appendix, or any other method which the employer can demonstrate to be equivalent in terms of reducing employee exposure to asbestos as defined and which meets the requirements described in (3) of this appendix, for those facilities in which no more than five pairs of brakes or five clutches are inspected, disassembled, reassembled and/or repaired per week, the method set forth in (4) of this appendix may be used:

(1) Negative pressure enclosure/HEPA vacuum system method.

(a) The brake and clutch inspection, disassembly, repair, and assembly operations ((shall))must be enclosed to cover and contain the clutch or brake assembly and to prevent the release of asbestos fibers into the worker's breathing zone.

(b) The enclosure ((shall))must be sealed tightly and thoroughly inspected for leaks before work begins on brake and clutch inspection, disassembly, repair and assembly.

(c) The enclosure ((shall))must be such that the worker can clearly see the operation and ((shall))must provide impermeable sleeves through which the worker can handle the brake and clutch inspection, disassembly, repair and assembly. The integrity of the sleeves and ports ((shall))must be examined before work begins.

(d) A HEPA-filtered vacuum ((shall))must be employed to maintain the enclosure under negative pressure throughout the operation. Compressed-air may be used to remove asbestos fibers or particles from the enclosure.

(e) The HEPA vacuum ((shall))must be used first to loosen the asbestos containing residue from the brake and clutch parts and then to evacuate the loosened asbestos containing material from the enclosure and capture the material in the vacuum filter.

(f) The vacuum's filter, when full, ((shall))must be first wetted with a fine mist of water, then removed and placed immediately in an impermeable container, labeled according to WAC 296-62-07721(6) and disposed of according to WAC 296-62-07723.

(g) Any spills or releases of asbestos containing waste material from inside of the enclosure or vacuum hose or vacuum filter ((shall))must be immediately cleaned up and disposed of according to WAC 296-62-07723.

(2) Low pressure/wet cleaning method.

(a) A catch basin ((shall))must be placed under the brake assembly, positioned to avoid splashes and spills.

(b) The reservoir ((shall))must contain water containing an organic solvent or wetting agent. The flow of liquid ((shall))must be controlled such that the brake assembly is gently flooded to prevent the asbestos-containing brake dust from becoming airborne.

(c) The aqueous solution ((shall))must be allowed to flow between the brake drum and brake support before the drum is removed.

(d) After removing the brake drum, the wheel hub and back of the brake assembly ((shall))must be thoroughly wetted to suppress dust.

(e) The brake support plate, brake shoes and brake components used to attach the brake shoes ((shall))must be thoroughly washed before removing the old shoes.

(f) In systems using filters, the filters, when full, ((shall))must be first wetted with a fine mist of water, then removed and placed immediately in an impermeable container, labeled according to WAC 296-62-07721(6) and disposed of according to WAC 296-62-07723.

(g) Any spills of asbestos-containing aqueous solution or any asbestos-containing waste material ((shall))must be cleaned up immediately and disposed of according to WAC 296-62-07723.

(h) The use of dry brushing during low pressure/wet cleaning operations is prohibited.

(3) Equivalent methods. An equivalent method is one which has sufficient written detail so that it can be reproduced and has been demonstrated that the exposures resulting from the equivalent method are equal to or less than the exposure which would result from the use of the method described in subsection (1) of this appendix. For purposes of making this comparison, the employer ((shall))must assume that exposures resulting from the use of the method described in subsection (1) of this appendix ((shall))must not exceed 0.016 f/cc, as measured by the WISHA reference method and as averaged over at least eighteen personal samples.

(4) Wet method.

(a) A spray bottle, hose nozzle, or other implement capable of delivering a fine mist of water or amended water or other delivery system capable of delivering water at low pressure, ((shall))must be used to first thoroughly wet the brake and clutch parts. Brake and clutch components ((shall))must then be wiped clean with a cloth.

(b) The cloth ((shall))must be placed in an impermeable container, labeled according to WAC 296-62-07721(6) and then disposed of according to WAC 296-62-07723, or the cloth ((shall))must be laundered in a way to prevent the release of asbestos fibers in excess of 0.1 fiber per cubic centimeter of air.

(c) Any spills of solvent or any asbestos containing waste material ((shall))must be cleaned up immediately according to WAC 296-62-07723.

(d) The use of dry brushing during the wet method operations is prohibited.

AMENDATORY SECTION(Amending WSR 06-16-106, filed 8/1/06, effective 9/1/06)

WAC 296-62-08003Hexavalent chromium.

Scope. This standard applies to occupational exposures to chromium (VI) in all forms and compounds in general industry; construction; shipyards, marine terminals, and longshoring, except:

((•))(1) Agricultural operations covered by chapter 296-307 WAC, Safety standards for agriculture((.

•));

(2) Exposures that occur in the application of pesticides regulated by the Washington state department of agriculture or another federal government agency (e.g., the treatment of wood with preservatives);

((•))(3) Exposures to portland cement; or

((•))(4) Where the employer has objective data demonstrating that a material containing chromium or a specific process, operation, or activity involving chromium cannot release dusts, fumes, or mists of chromium (VI) in concentrations at or above 0.5 (mu)g/m\3\ as an 8-hour time-weighted average (TWA) under any expected conditions of use.

AMENDATORY SECTION(Amending WSR 06-16-106, filed 8/1/06, effective 9/1/06)

WAC 296-62-08005Definitions.

For the purposes of this section the following definitions apply:

Action level((means)). A concentration of airborne chromium (VI) of 2.5 micrograms per cubic meter of air (2.5 (mu)g/m\3\) calculated as an 8-hour time-weighted average (TWA).

Chromium (VI) (hexavalent chromium or Cr(VI))((means)). Chromium with a valence of positive six, in any form and in any compound.

Emergency((means)). Any occurrence that results, or is likely to result, in an uncontrolled release of chromium (VI). If an incidental release of chromium (VI) can be controlled at the time of release by employees in the immediate release area, or by maintenance personnel, it is not an emergency.

Employee exposure((means)). The exposure to airborne chromium (VI) that would occur if the employee were not using a respirator.

High-efficiency particulate air (HEPA) filter((means)). A filter that is at least 99.97 percent efficient in removing mono-dispersed particles of 0.3 micrometers in diameter or larger.

Historical monitoring data((means)). Data from chromium (VI) monitoring conducted prior to July 31, 2006, obtained during work operations conducted under workplace conditions closely resembling the processes, types of material, control methods, work practices, and environmental conditions in the employer's current operations.

Objective data((means)). Information such as air monitoring data from industry-wide surveys or calculations based on the composition or chemical and physical properties of a substance demonstrating the employee exposure to chromium (VI) associated with a particular product or material or a specific process, operation, or activity. The data must reflect workplace conditions closely resembling the processes, types of material, control methods, work practices, and environmental conditions in the employer's current operations.

Physician or other licensed health care professional (PLHCP)((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 some or all of the particular health care services required by WAC 296-62-08023.

Regulated area((means)). An area, demarcated by the employer, where an employee's exposure to airborne concentrations of chromium (VI) exceeds, or can reasonably be expected to exceed, the PEL.

AMENDATORY SECTION(Amending WSR 06-16-106, filed 8/1/06, effective 9/1/06)

WAC 296-62-08007Permissible exposure limit (PEL).

Permissible exposure limit (PEL). The employer ((shall))must ensure that no employee is exposed to an airborne concentration of chromium (VI) in excess of 5 micrograms per cubic meter of air (5 (mu)g/m\3\), calculated as an 8-hour time-weighted average (TWA).

AMENDATORY SECTION(Amending WSR 10-24-119, filed 12/1/10, effective 1/1/11)

WAC 296-62-08009Exposure determination.

(1) General. Each employer who has a workplace or work operation covered by this section ((shall))must determine the 8-hour TWA exposure for each employee exposed to chromium (VI). This determination ((shall))must be made in accordance with either subsection (2) or (3) of this section.

(2) Scheduled monitoring option.

(a) The employer ((shall))must perform initial monitoring to determine the 8-hour TWA exposure for each employee on the basis of a sufficient number of personal breathing zone air samples to accurately characterize full shift exposure on each shift, for each job classification, in each work area. Where an employer does representative sampling instead of sampling all employees in order to meet this requirement, the employer ((shall))must sample the employee(s) expected to have the highest chromium (VI) exposures.

(b) If initial monitoring indicates that employee exposures are below the action level, the employer may discontinue monitoring for those employees whose exposures are represented by such monitoring.

(c) If monitoring reveals employee exposures to be at or above the action level, the employer ((shall))must perform periodic monitoring at least every six months.

(d) If monitoring reveals employee exposures to be above the PEL, the employer ((shall))must perform periodic monitoring at least every three months.

(e) If periodic monitoring indicates that employee exposures are below the action level, and the result is confirmed by the result 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.

(f) The employer ((shall))must perform additional monitoring when there has been any change in the production process, raw materials, equipment, personnel, work practices, or control methods that may result in new or additional exposures to chromium (VI), or when the employer has any reason to believe that new or additional exposures have occurred.

(3) Performance-oriented option. The employer ((shall))must determine the 8-hour TWA exposure for each employee on the basis of any combination of air monitoring data, historical monitoring data, or objective data sufficient to accurately characterize employee exposure to chromium (VI).

(4) Employee notification of determination results.

(a) In general industry within five work days after making an exposure determination in accordance with subsection (2) or (3) of this section, the employer ((shall))must individually notify each affected employee in writing of the results of that determination or post the results in an appropriate location accessible to all affected employees.

(b) In construction and shipyards, marine terminals, and longshoring within five work days after making an exposure determination in accordance with subsection (2) or (3) of this section, the employer ((shall))must individually notify each affected employee in writing of the results of that determination or post the results in an appropriate location accessible to all affected employees.

(c) Whenever the exposure determination indicates that employee exposure is above the PEL, the employer ((shall))must describe in the written notification the corrective action being taken to reduce employee exposure to or below the PEL.

(5) Accuracy of measurement. Where air monitoring is performed to comply with the requirements of this section, the employer ((shall))must use a method of monitoring and analysis that can measure chromium (VI) to within an accuracy of plus or minus twenty-five percent and can produce accurate measurements to within a statistical confidence level of ninety-five percent for airborne concentrations at or above the action level.

(6) Observation of monitoring.

(a) Where air monitoring is performed to comply with the requirements of this section, the employer ((shall))must provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to chromium (VI).

(b) When observation of monitoring requires entry into an area where the use of protective clothing or equipment is required, the employer ((shall))must provide the observer with clothing and equipment and ((shall assure))must ensure that the observer uses such clothing and equipment and complies with all other applicable safety and health procedures.

AMENDATORY SECTION(Amending WSR 06-16-106, filed 8/1/06, effective 9/1/06)

WAC 296-62-08011Regulated areas.

Exemption:

This section does not apply to construction, shipyards, marine terminals or longshoring.

(1) Establishment. The employer ((shall))must establish a regulated area wherever an employee's exposure to airborne concentrations of chromium (VI) is, or can reasonably be expected to be, in excess of the PEL.

(2) Demarcation. The employer ((shall))must ensure that regulated areas are demarcated from the rest of the workplace in a manner that adequately establishes and alerts employees of the boundaries of the regulated area.

(3) Access. The employer ((shall))must limit access to regulated areas to:

(a) Persons authorized by the employer and required by work duties to be present in the regulated area;

(b) Any person entering such an area as a designated representative of employees for the purpose of exercising the right to observe monitoring procedures under WAC 296-62-08009;

(c) Any person authorized by the Washington Industrial Safety and Health Act (WISHA) or regulations issued under it to be in a regulated area.

AMENDATORY SECTION(Amending WSR 06-16-106, filed 8/1/06, effective 9/1/06)

WAC 296-62-08013Methods of compliance.

(1) Engineering and work practice controls.

(a) Except as permitted in (c) of this subsection, the employer ((shall))must use engineering and work practice controls to reduce and maintain employee exposure to chromium (VI) to or below the PEL unless the employer can demonstrate that such controls are not feasible. Wherever feasible engineering and work practice controls are not sufficient to reduce employee exposure to or below the PEL, the employer ((shall))must use them to reduce employee exposure to the lowest levels achievable, and ((shall))must supplement them by the use of respiratory protection that complies with the requirements of WAC 296-62-08015.

Exemption:

This (b) does not apply to construction, shipyards, marine terminals and longshoring.

(b) Where painting of aircraft or large aircraft parts is performed in the aerospace industry, the employer ((shall))must use engineering and work practice controls to reduce and maintain employee exposure to chromium (VI) to or below 25 (mu)g/m\3\ unless the employer can demonstrate that such controls are not feasible. The employer ((shall))must supplement such engineering and work practice controls with the use of respiratory protection that complies with the requirements of WAC 296-62-08015 to achieve the PEL.

(c) Where the employer can demonstrate that a process or task does not result in any employee exposure to chromium (VI) above the PEL for thirty or more days per year (twelve consecutive months), the requirement to implement engineering and work practice controls to achieve the PEL does not apply to that process or task.

(2) Prohibition of rotation. The employer ((shall))must not rotate employees to different jobs to achieve compliance with the PEL.

AMENDATORY SECTION(Amending WSR 09-15-145, filed 7/21/09, effective 9/1/09)

WAC 296-62-08015Respiratory protection.

(1) General. Where respiratory protection is required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this chapter. Respiratory protection is required during:

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

(b) Work operations, such as maintenance and repair activities, for which engineering and work practice controls are not feasible;

(c) Work operations for which an employer has implemented all feasible engineering and work practice controls and such controls are not sufficient to reduce exposures to or below the PEL;

(d) Work operations where employees are exposed above the PEL for fewer than thirty days per year, and the employer has elected not to implement engineering and work practice controls to achieve the PEL; or

(e) Emergencies.

(2) Respiratory protection program. Where respirator use is required by this section, the employer ((shall))must institute a respiratory protection program in accordance with chapter 296-842 WAC, Respirators, which covers each employee required to use a respirator.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-08017Protective work clothing and equipment.

(1) Provision and use. Where a hazard is present or is likely to be present from skin or eye contact with chromium (VI), the employer ((shall))must provide appropriate personal protective clothing and equipment at no cost to employees, and ((shall))must ensure that employees use such clothing and equipment.

(2) Removal and storage.

(a) The employer ((shall))must ensure that employees remove all protective clothing and equipment contaminated with chromium (VI) at the end of the work shift or at the completion of their tasks involving chromium (VI) exposure, whichever comes first.

(b) The employer ((shall))must ensure that no employee removes chromium (VI) contaminated protective clothing or equipment from the workplace, except for those employees whose job it is to launder, clean, maintain, or dispose of such clothing or equipment.

(c) When contaminated protective clothing or equipment is removed for laundering, cleaning, maintenance, or disposal, the employer ((shall))must ensure that it is stored and transported in sealed, impermeable bags or other closed, impermeable containers.

(d) The employer ((shall))must ensure that bags or containers of contaminated protective clothing or equipment that are removed from change rooms for laundering, cleaning, maintenance, or disposal shall be labeled in accordance with the requirements of the hazard communication standard, WAC 296-901-140.

(3) Cleaning and replacement.

(a) The employer ((shall))must clean, launder, repair and replace all protective clothing and equipment required by this section as needed to maintain its effectiveness.

(b) The employer ((shall))must prohibit the removal of chromium (VI) from protective clothing and equipment by blowing, shaking, or any other means that disperses chromium (VI) into the air or onto an employee's body.

(c) The employer ((shall))must inform any person who launders or cleans protective clothing or equipment contaminated with chromium (VI) of the potentially harmful effects of exposure to chromium (VI) and that the clothing and equipment should be laundered or cleaned in a manner that minimizes skin or eye contact with chromium (VI) and effectively prevents the release of airborne chromium (VI) in excess of the PEL.

AMENDATORY SECTION(Amending WSR 06-16-106, filed 8/1/06, effective 9/1/06)

WAC 296-62-08019Hygiene areas and practices.

(1) General.

(a) General industry, shipyards, marine terminals and longshoring. Where protective clothing and equipment is required, the employer ((shall))must provide change rooms in conformance with WAC 296-800-230, Sanitation and hygiene facilities and procedures. Where skin contact with chromium (VI) occurs, the employer ((shall))must provide washing facilities in conformance with WAC 296-800-230, Sanitation and hygiene facilities and procedures. Eating and drinking areas provided by the employer ((shall))must also be in conformance with WAC 296-800-230, Sanitation and hygiene facilities and procedures.

(b) Construction. Where protective clothing and equipment is required, the employer ((shall))must provide change rooms in conformance with WAC 296-155-17321, Hygiene facilities and practices. Where skin contact with chromium (VI) occurs, the employer ((shall))must provide washing facilities in conformance with WAC 296-155-17321, Hygiene facilities and practices. Eating and drinking areas provided by the employer ((shall))must also be in conformance with WAC 296-155-17321, Hygiene facilities and practices.

(2) Change rooms. The employer ((shall assure))must ensure that change rooms are equipped with separate storage facilities for protective clothing and equipment and for street clothes, and that these facilities prevent cross-contamination.

(3) Washing facilities.

(a) The employer ((shall))must provide readily accessible washing facilities capable of removing chromium (VI) from the skin, and ((shall))must ensure that affected employees use these facilities when necessary.

(b) The employer ((shall))must ensure that employees who have skin contact with chromium (VI) wash their hands and faces at the end of the work shift and prior to eating, drinking, smoking, chewing tobacco or gum, applying cosmetics, or using the toilet.

(4) Eating and drinking areas.

(a) Whenever the employer allows employees to consume food or beverages at a worksite where chromium (VI) is present, the employer ((shall))must ensure that eating and drinking areas and surfaces are maintained as free as practicable of chromium (VI).

(b) The employer ((shall))must ensure that employees do not enter eating and drinking areas with protective work clothing or equipment unless surface chromium (VI) has been removed from the clothing and equipment by methods that do not disperse chromium (VI) into the air or onto an employee's body.

(5) Prohibited activities. The employer ((shall))must ensure that employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in areas where skin or eye contact with chromium (VI) occurs; or carry the products associated with these activities, or store such products in these areas.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-08021Housekeeping.

Exemption:

This section does not apply to construction, shipyards, marine terminals and longshoring.

(1) General. The employer ((shall))must ensure that:

(a) All surfaces are maintained as free as practicable of accumulations of chromium (VI).

(b) All spills and releases of chromium (VI) containing material are cleaned up promptly.

(2) Cleaning methods.

(a) The employer ((shall))must ensure that surfaces contaminated with chromium (VI) are cleaned by HEPA-filter vacuuming or other methods that minimize the likelihood of exposure to chromium (VI).

(b) Dry shoveling, dry sweeping, and dry brushing may be used only where HEPA-filtered vacuuming or other methods that minimize the likelihood of exposure to chromium (VI) have been tried and found not to be effective.

(i) The compressed air is used in conjunction with a ventilation system designed to capture the dust cloud created by the compressed air; or

(ii) No alternative method is feasible.

(d) The employer ((shall))must ensure that cleaning equipment is handled in a manner that minimizes the reentry of chromium (VI) into the workplace.

(3) Disposal. The employer ((shall))must ensure that:

(a) Waste, scrap, debris, and any other materials contaminated with chromium (VI) and consigned for disposal are collected and disposed of in sealed, impermeable bags or other closed, impermeable containers.

(b) Bags or containers of waste, scrap, debris, and any other materials contaminated with chromium (VI) that are consigned for disposal are labeled in accordance with the requirements of WAC 296-901-140((,)) Hazard communication.

AMENDATORY SECTION(Amending WSR 06-16-106, filed 8/1/06, effective 9/1/06)

WAC 296-62-08023Medical surveillance.

(1) General.

(a) The employer ((shall))must make medical surveillance available at no cost to the employee, and at a reasonable time and place, for all employees:

(i) Who are or may be occupationally exposed to chromium (VI) at or above the action level for thirty or more days a year;

(ii) Experiencing signs or symptoms of the adverse health effects associated with chromium (VI) exposure; or

(iii) Exposed in an emergency.

(b) The employer ((shall assure))must ensure that all medical examinations and procedures required by this section are performed by or under the supervision of a PLHCP.

(2) Frequency. The employer shall provide a medical examination:

(a) Within thirty days after initial assignment, unless the employee has received a chromium (VI) related medical examination that meets the requirements of this paragraph within the last twelve months;

(b) Annually;

(d) Whenever an employee shows signs or symptoms of the adverse health effects associated with chromium (VI) exposure;

(e) Within thirty days after exposure during an emergency which results in an uncontrolled release of chromium (VI); or

(f) At the termination of employment, unless the last examination that satisfied the requirements of WAC 296-62-08023, Medical surveillance was less than six months prior to the date of termination.

(3) Contents of examination. A medical examination consists of:

(a) A medical and work history, with emphasis on: Past, present, and anticipated future exposure to chromium (VI); any history of respiratory system dysfunction; any history of asthma, dermatitis, skin ulceration, or nasal septum perforation; and smoking status and history;

(b) A physical examination of the skin and respiratory tract; and

(4) Information provided to the PLHCP. The employer ((shall))must ensure that the examining PLHCP has a copy of this standard, and ((shall))must provide the following information:

(a) A description of the affected employee's former, current, and anticipated duties as they relate to the employee's occupational exposure to chromium (VI);

(b) The employee's former, current, and anticipated levels of occupational exposure to chromium (VI);

(c) A description of any personal protective equipment used or to be used by the employee, including when and for how long the employee has used that equipment; and

(d) Information from records of employment-related medical examinations previously provided to the affected employee, currently within the control of the employer.

(5) PLHCP's written medical opinion.

(a) The employer ((shall))must obtain a written medical opinion from the PLHCP, within thirty days for each medical examination performed on each employee, which contains:

(i) The PLHCP'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 chromium (VI);

(ii) Any recommended limitations upon the employee's exposure to chromium (VI) or upon the use of personal protective equipment such as respirators;

(iii) A statement that the PLHCP has explained to the employee the results of the medical examination, including any medical conditions related to chromium (VI) exposure that require further evaluation or treatment, and any special provisions for use of protective clothing or equipment.

(b) The PLHCP ((shall))must not reveal to the employer specific findings or diagnoses unrelated to occupational exposure to chromium (VI).

(c) The employer ((shall))must provide a copy of the PLHCP's written medical opinion to the examined employee within two weeks after receiving it.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-08025Communication of chromium (VI) hazards.

(1) Hazard communication - General.

(a) Chemical manufacturers, importers, distributors, and employers ((shall))must comply with all requirements of the hazard communication standard (HCS), WAC 296-901-140 for chromium (VI).

(b) In classifying the hazards of chromium (VI) at least the following hazards are to be addressed: Cancer, eye irritation, and skin sensitization.

(c) Employers ((shall))must include chromium (VI) in the hazard communication program established to comply with the HCS, WAC 296-901-140. Employers ((shall))must ensure that each employee has access to labels on containers of chromium (VI) and to safety data sheets, and is trained in accordance with the requirements of HCS and subsection (2) of this section. The employer ((shall))must ensure that at least the following hazards are addressed: Cancer, skin sensitization, and eye irritation.

(2) Employee information and training.

(a) The employer ((shall))must ensure that each employee can demonstrate knowledge of at least the following:

(i) The contents of this section; and

(ii) The purpose and a description of the medical surveillance program required by (a)(i) of this subsection.

(b) The employer ((shall))must make a copy of this section readily available without cost to all affected employees.

AMENDATORY SECTION(Amending WSR 06-16-106, filed 8/1/06, effective 9/1/06)

WAC 296-62-08027Recordkeeping.

(1) Air monitoring data.

(a) The employer ((shall))must maintain an accurate record of all air monitoring conducted to comply with the requirements of this section.

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

(i) The date of measurement for each sample taken;

(ii) The operation involving exposure to chromium (VI) that is being monitored;

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

(iv) Number, duration, and the results of samples taken;

(v) Type of personal protective equipment, such as respirators worn; and

(vi) Name, Social Security number, and job classification of all employees represented by the monitoring, indicating which employees were actually monitored.

(c) The employer ((shall))must ensure that exposure records are maintained and made available in accordance with chapter 296-802 WAC, Employee medical and exposure records.

(2) Historical monitoring data.

(a) Where the employer has relied on historical monitoring data to determine exposure to chromium (VI), the employer ((shall))must establish and maintain an accurate record of the historical monitoring data relied upon.

(b) The record ((shall))must include information that reflects the following conditions:

(i) The data were collected using methods that meet the accuracy requirements of WAC 296-62-08009(5);

(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 exposure is being determined;

(iii) The characteristics of the chromium (VI) containing material being handled when the historical monitoring data were obtained are the same as those on the job for which exposure is being determined;

(iv) Environmental conditions prevailing when the historical monitoring data were obtained are the same as those on the job for which exposure is being determined; and

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

(c) The employer ((shall))must ensure that historical exposure records are maintained and made available in accordance with chapter 296-802 WAC, Employee medical and exposure records.

(3) Objective data.

(a) The employer ((shall))must maintain an accurate record of all objective data relied upon to comply with the requirements of this section.

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

(i) The chromium (VI) containing material in question;

(ii) The source of the objective data;

(iii) The testing protocol and results of testing, or analysis of the material for the release of chromium (VI);

(iv) A description of the process, operation, or activity and how the data support the determination; and

(v) Other data relevant to the process, operation, activity, material, or employee exposures.

(c) The employer ((shall))must ensure that objective data are maintained and made available in accordance with chapter 296-802 WAC, Employee medical and exposure records.

(4) Medical surveillance.

(a) The employer ((shall))must establish and maintain an accurate record for each employee covered by medical surveillance under WAC 296-62-08023, Medical surveillance.

(b) The record ((shall))must include the following information about the employee:

(i) Name and Social Security number;

(ii) A copy of the PLHCP's written opinions;

(iii) A copy of the information provided to the PLHCP as required by WAC 296-62-08023(4).

(c) The employer ((shall))must ensure that medical records are maintained and made available in accordance with chapter 296-802 WAC, Employee medical and exposure records.

AMENDATORY SECTION(Amending WSR 06-16-106, filed 8/1/06, effective 9/1/06)

WAC 296-62-08029Dates.

(1) For employers with twenty or more employees, all obligations of this section, except engineering controls required by WAC 296-62-08013, commence November 27, 2006.

(2) For employers with nineteen or fewer employees, all obligations of this section, except engineering controls required by WAC 296-62-08013, commence May 30, 2007.

(3) For all employers, engineering controls required by WAC 296-62-08013 ((shall))must be implemented no later than May 31, 2010.

AMENDATORY SECTION(Amending WSR 01-17-033, filed 8/8/01, effective 9/1/01)

WAC 296-62-09001Definitions.

(((1) "Physical agents" shall mean, but are not limited to: Illumination, ionizing radiation, nonionizing radiation, pressure, vibration, temperature and humidity, and noise.

(2) "Nonionizing radiation" as related to industrial sources, means electromagnetic radiation within the spectral range of approximately 200 nanometers to 3 kilometers including ultraviolet, visible, infrared and radiofrequency/microwave radiation. The electromagnetic spectrum is shown graphically in Figure 1 below.

ELECTROMAGNETIC SPECTRUM

Figure 1

(3) Pressure is a barometric force. Positive pressure would be that above 14.7 lbs. per square inch absolute and negative pressure would be that below 14.7 lbs. per square inch absolute. 14.7 lbs. per square inch equals 760 mm. mercury.

(4) "Vibration" means rapid movement to and fro or oscillating movement.

(5) "Noise" means unwanted sound or loud discordant or disagreeable sound or sounds.

(6) "Temperature" means the degree of hotness or coldness measured by use of a thermometer.

(7) "Radiant heat" means infrared radiation emitted from hot surfaces.

(8) "Relative humidity" means the percent of moisture in the air compared to the maximum amount of moisture the air could contain at the same temperature.))Noise. Unwanted sound or loud discordant or disagreeable sound or sounds.

Nonionizing radiation. As related to industrial sources, means electromagnetic radiation within the spectral range of approximately 200 nanometers to 3 kilometers including ultraviolet, visible, infrared and radiofrequency/microwave radiation. The electromagnetic spectrum is shown graphically in Figure 1 below.

ELECTROMAGNETIC SPECTRUM

Figure 1

Physical agents. Must mean, but are not limited to: Illumination, ionizing radiation, nonionizing radiation, pressure, vibration, temperature and humidity, and noise.

Pressure is a barometric force. Positive pressure would be that above 14.7 lbs. per square inch absolute and negative pressure would be that below 14.7 lbs. per square inch absolute. 14.7 lbs. per square inch equals 760 mm. mercury.

Radiant heat. Infrared radiation emitted from hot surfaces.

Relative humidity. The percent of moisture in the air compared to the maximum amount of moisture the air could contain at the same temperature.

Temperature. The degree of hotness or coldness measured by use of a thermometer.

Vibration. Rapid movement to and fro or oscillating movement.

AMENDATORY SECTION(Amending WSR 85-01-022, filed 12/11/84)

WAC 296-62-09004Ionizing radiation.

(1) Definitions applicable to this section.

Note:

Definitions also appear in some subsections.

(a) (("))Radiation((")). Includes alpha rays, beta rays, gamma rays, X-rays, neutrons, high-speed electrons, high-speed protons, and other atomic particles; but such term does not include sound or radio waves, or visible light, or infrared or ultraviolet light.

(b) (("Radioactive material" means))Radioactive material. Any material which emits, by spontaneous nuclear disintegration, corpuscular or electromagnetic emanations.

(c) (("Restricted area" means))Restricted area. Any area access to which is controlled by the employer for purposes of protection of individuals from exposure to radiation or radioactive materials.

(d) (("Unrestricted area" means))Unrestricted area. Any area access to which is not controlled by the employer for purposes of protection of individuals from exposure to radiation or radioactive materials.

(e) (("Dose" means))Dose. The quantity of ionizing radiation absorbed, per unit of mass, by the body or by any portion of the body. When the provisions in this section specify a dose during a period of time, the dose is the total quantity of radiation absorbed, per unit of mass, by the body or by any portion of the body during such period of time. Several different units of dose are in current use. Definitions of units used in this section are set forth in subdivisions (f) and (g) of this subsection.

(f) (("Rad" means))Rad. A measure of the dose of any ionizing radiation to body tissues in terms of the energy absorbed per unit of mass of the tissue. One rad is the dose corresponding to the absorption of 100 ergs per gram of tissue (1 millirad (mrad) = 0.001 rad).

(g) (("Rem" means))Rem. A measure of the dose of any ionizing radiation to body tissue in terms of its estimated biological effect relative to a dose of 1 roentgen (r) of X-rays (1 millirem (mrem) = 0.001 rem). The relation of the rem to other dose units depends upon the biological effect under consideration and upon the conditions for irradiation. Each of the following is considered to be equivalent to a dose of 1 rem:

(i) A dose of 1 roentgen due to x- or gamma radiation;

(ii) A dose of 1 rad due to x-, gamma, or beta radiation;

(iii) A dose of 0.1 rad due to neutrons or high energy protons;

(iv) A dose of 0.05 rad due to particles heavier than protons and with sufficient energy to reach the lens of the eye;

(v) If it is more convenient to measure the neutron flux, or equivalent, than to determine the neutron dose in rads, as provided in item (iii) of this subdivision, 1 rem of neutron radiation may, for purposes of the provisions in this section be assumed to be equivalent to 14 million neutrons per square centimeter incident upon the body; or, if there is sufficient information to estimate with reasonable accuracy the approximate distribution in energy of the neutrons, the incident number of neutrons per square centimeter equivalent to 1 rem may be estimated from the following table:

Neutron Flux Dose Equivalents
Neutron energy (million electron volts (Mev))	Number of neutrons per square centimeter equivalent to a dose of 1 rem (neutrons/cm2)	Average flux to deliver 100 millirem in 40 hours (neutrons/cm2 per sec.)
Thermal. . . .	970 X 106	670
0.0001. . . .	720 X 106	500
0.005. . . .	820 X 106	570
0.02. . . .	400 X 106	280
0.1. . . .	120 X 106	80
0.5. . . .	43 X 106	30
1.0. . . .	26 X 106	18
2.5. . . .	29 X 106	20
5.0. . . .	26 X 106	18
7.5. . . .	24 X 106	17
10. . . .	24 X 106	17
10 to 30. . . .	14 X 106	10

(h) For determining exposures to X- or gamma rays up to 3 Mev., the dose limits specified in this section may be assumed to be equivalent to the "air dose." For the purpose of this section "air dose" means that the dose is measured by a properly calibrated appropriate instrument in air at or near the body surface in the region of the highest dosage rate.

(i) (("Curie" means))Curie. A unit of measurement of radioactivity. One curie (Ci) is that quantity of radioactive material which decays at the rate of 2.2 x 1012 disintegrations per minute (dpm).

(i) One millicurie (mCi) = 10-3Ci

(ii) One microcurie (uCi) = 10-6Ci

(iii) One nanocurie (nCi) = 10-9Ci

(iv) One picocurie (pCi) = 10-12Ci

(2) Nuclear Regulatory Commission licensees—NRC contractors operating NRC plants and facilities.

(a) Any employer who possesses or uses source material, byproduct material, or special nuclear material, as defined in the Atomic Energy Act of 1954, as amended, under a license issued by the Nuclear Regulatory Commission and in accordance with the requirements of chapter 402-24 WAC shall be deemed to be in compliance with the requirements of this section with respect to such possession and use.

(b) NRC contractors operating NRC plants and facilities: Any employer who possesses or uses source material, byproduct material, special nuclear material, or other radiation sources under a contract with the Nuclear Regulatory Commission for the operation of NRC plants and facilities and in accordance with the standards, procedures, and other requirements for radiation protection established by the commission for such contract pursuant to the Atomic Energy Act of 1954 as amended (42 U.S.C. 2011 et seq.) shall be deemed to be in compliance with the requirements of this section with respect to such possession and use.

(i) Atomic Energy Act sources. Any employer who possesses or uses source material, byproduct material, or special nuclear material, as defined in the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), and has registered such sources with, the state ((shall))must be deemed to be in compliance with the radiation requirements of this section, insofar as his possession and use of such material is concerned.

(ii) Other sources. Any employer who possesses or uses radiation sources other than source material, byproduct material, or special nuclear material, as defined in the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), and has registered such sources with the state ((shall))must be deemed to be in compliance with the radiation requirements of this section insofar as his possession and use of such material is concerned.

(3) Exposure of individuals to radiation in restricted areas.

(a) Except as provided in subdivision (b) of this subsection, no employer shall possess, use, or transfer sources of ionizing radiation in such a manner as to cause any individual in a restricted area to receive in any period of one calendar quarter from sources in the employer's possession or control a dose in excess of the limits specified in the following table:

EXPOSURE IN RESTRICTED AREAS	Rems per Calendar Quarter
Whole body: Head and trunk; active blood-forming organs; lens of eyes; or gonads. . . .		1 1/4
Hand and forearms; feet and ankles. . . .		18 3/4
Skin of whole body. . . .		7 1/2

(b) An employer may permit an individual in a restricted area to receive doses to the whole body greater than those permitted under subdivision (a) of this subsection, so long as:

(i) During any calendar quarter the dose to the whole body shall not exceed 3 rems; and

(ii) The dose to the whole body, when added to the accumulated occupational dose to the whole body, shall not exceed 5 (N-18) rems, where "N" equals the individual's age in years at his last birthday; and

(iii) The employer maintains adequate past and current exposure records which show that the addition of such a dose will not cause the individual to exceed the amount authorized in this subdivision. As used in this subdivision "Dose to the whole body" ((shall))must be deemed to include any dose to the whole body, gonad, active blood-forming organs, head and trunk, or lens of the eye.

(c) No employer ((shall))must permit any employee who is under eighteen years of age to receive in any period of one calendar quarter a dose in excess of ten percent of the limits specified in the preceding table entitled "exposure in restricted areas."

(d) (("Calendar quarter" means))Calendar quarter. Any three-month period determined as follows:

(i) The first period of any year may begin on any date in January: Provided, That the second, third and fourth periods accordingly begin on the same date in April, July, and October, respectively, and that the fourth period extends into January of the succeeding year, if necessary to complete a three-month quarter. During the first year of use of this method of determination, the first period for that year ((shall))must also include any additional days in January preceding the starting date for the first period; or

(ii) The first period in a calendar year of thirteen complete, consecutive calendar weeks; the second period in a calendar year of thirteen complete consecutive weeks; the third period in a calendar year of thirteen complete, consecutive calendar weeks; the fourth period in a calendar year of thirteen complete, consecutive calendar weeks. If at the end of a calendar year there are any days not falling within a complete calendar week of that year, such days ((shall))must be included within the last complete calendar week of that year. If at the beginning of any calendar year there are days not falling within a complete calendar week of that year, such days shall be included within the last complete calendar week of the previous year; or

(iii) The four periods in a calendar year may consist of the first 14 complete, consecutive calendar weeks; the next twelve complete, consecutive calendar weeks, the next fourteen complete, consecutive calendar weeks, and the last twelve complete, consecutive calendar weeks. If at the end of a calendar year there are any days not falling within a complete calendar week of that year, such days ((shall))must be included (for purposes of this section) within the last complete calendar week of the year. If at the beginning of any calendar year there are days not falling within a complete calendar week of that year, such days ((shall))must be included (for purposes of this section) within the last complete week of the previous year.

(e) No employer ((shall))must change the method used by him to determine calendar quarters except at the beginning of a calendar year.

(4) Exposure to airborne radioactive material.

(a) No employer ((shall))must possess, use or transport radioactive material in such a manner as to cause any employee, within a restricted area, to be exposed to airborne radioactive material in an average concentration in excess of the limits specified in Table I of WAC 402-24-220, Appendix A. The limits given in Table I are for exposure to the concentrations specified for forty hours in any workweek of seven consecutive days. In any such period where the number of hours of exposure is less than 40 the limits specified in the table may be increased proportionately. In any such period where the number of hours of exposure is greater than forty, the limits specified in the table shall be decreased proportionately.

(b) No employer shall possess, use, or transfer radioactive material in such a manner as to cause any individual within a restricted area, who is under eighteen years of age, to be exposed to airborne radioactive material in an average concentration in excess of the limits specified in Table II of WAC 402-24-220, Appendix A.

For purposes of this subdivision, concentrations may be averaged over periods not greater than 1 week.

(c) "Exposed" as used in this subdivision means that the individual is present in an airborne concentration. No allowance shall be made for the use of protective clothing or equipment, or particle size.

(5) Precautionary procedures and personal monitoring.

(a) Every employer ((shall))must make such surveys as may be necessary for him to comply with the provisions in this section. "Survey" means an evaluation of the radiation hazards incident to the production, use, release, disposal, or presence of radioactive materials or other sources of radiation under a specific set of conditions. When appropriate, such evaluation includes a physical survey of the location of materials and equipment, and measurements of levels of radiation or concentrations of radioactive material present.

(b) Every employer ((shall))must supply appropriate personnel monitoring equipment, such as film badges, pocket chambers, pocket dosimeters, or film rings, to, and ((shall))must require the use of such equipment by:

(i) Each employee who enters a restricted area under such circumstances that he receives, or is likely to receive, a dose in any calendar quarter in excess of twenty-five percent of the applicable value specified in subsection (3)(a) of this section; and

(ii) Each employee under eighteen years of age who enters a restricted area under such circumstances that he receives, or is likely to receive a dose in any calendar quarter in excess of five percent of the applicable value specified in subsection (3)(a) of this section; and

(iii) Each employee who enters a high radiation area.

(i) (("Personnel monitoring equipment" means))Personnel monitoring equipment. Devices designed to be worn or carried by an individual for the purpose of measuring the dose received (e.g., film badges, pocket chambers, pocket dosimeters, film rings, etc.);

(ii) (("Radiation area" means))Radiation area. Any area, accessible to personnel, in which there exists radiation at such levels that a major portion of the body could receive in any 1 hour a dose in excess of 5 millirem, or in any five consecutive days a dose in excess of 100 millirem; and

(iii) (("High radiation area" means))High radiation area. Any area, accessible to personnel, in which there exists radiation at such levels that a major portion of the body could receive in any one hour a dose in excess of 100 millirem.

(6) Caution signs, labels and signals.

(a) General.

(i) Symbols prescribed by this subsection ((shall))must use the conventional radiation caution colors (magenta or purple on yellow background). The symbol prescribed by this subsection is the conventional three-bladed design:

RADIATION SYMBOL

1. Cross-hatched area is to be magenta or purple.

2. Background is to be yellow.

(ii) In addition to the contents of signs and labels prescribed in this subsection, employers may provide on or near such signs and labels any additional information which may be appropriate in aiding individuals to minimize exposure to radiation or to radioactive material.

(b) Radiation area. Each radiation area ((shall))must be conspicuously posted with a sign or signs bearing the radiation caution symbol described in subdivision (a) of this subsection and the words:

CAUTION

RADIATION AREA

(i) Each high radiation area ((shall))must be conspicuously posted with a sign or signs bearing the radiation caution symbol and the words:

CAUTION

HIGH RADIATION AREA

(ii) Each high radiation area ((shall))must be equipped with a control device which ((shall))must either cause the level of radiation to be reduced below that at which an individual might receive a dose of 100 millirems in one hour upon entry into the area or ((shall))must energize a conspicuous visible or audible alarm signal in such a manner that the individual entering and the employer or a supervisor of the activity are made aware of the entry. In the case of a high radiation area established for a period of thirty days or less, such control device is not required.

(d) Airborne radioactivity area.

(i) As used in the provisions of this section, "airborne radioactivity area" means:

(A) Any room, enclosure, or operating area in which airborne radioactive materials, composed wholly or partly of radioactive material, exist in concentrations in excess of the amounts specified in column 1 of Table I of WAC 402-24-220, Appendix A.

(B) Any room, enclosure, or operating area in which airborne radioactive materials exist in concentrations which, averaged over the number of hours in any week during which individuals are in the area, exceed twenty-five percent of the amounts specified in column 1 of Table I of WAC 402-24-220, Appendix A.

(ii) Each airborne radioactivity area ((shall))must be conspicuously posted with a sign or signs bearing the radiation caution symbol described in subdivision (a) of this subsection and the words:

CAUTION

AIRBORNE RADIOACTIVITY AREA

(e) Additional requirements.

(i) Each area or room in which radioactive material is used or stored and which contains any radioactive material (other than natural uranium or thorium) in any amount exceeding ten times the quantity of such material specified in WAC 402-24-230, Appendix B ((shall))must be conspicuously posted with a sign or signs bearing the radiation caution symbol described in subdivision (a) of this subsection and the words:

CAUTION

RADIOACTIVE MATERIALS

(ii) Each area or room in which natural uranium or thorium is used or stored in an amount exceeding one hundred times the quantity of such material specified in chapter 402-24 WAC ((shall))must be conspicuously posted with a sign or signs bearing the radiation caution symbol described in subdivision (a) of this subsection and the words:

CAUTION

RADIOACTIVE MATERIALS

(f) Containers.

(i) Each container in which is transported, stored, or used a quantity of any radioactive material (other than natural uranium or thorium) greater than the quantity of such material specified in WAC 402-24-230, Appendix B ((shall))must bear a durable, clearly visible label bearing the radiation caution symbol described in subdivision (a) of this subsection and the words:

CAUTION

RADIOACTIVE MATERIALS

(ii) Each container in which natural uranium or thorium is transported, stored, or used in a quantity greater than ten times the quantity specified in WAC 402-24-230, Appendix B ((shall))must bear a durable, clearly visible label bearing the radiation caution symbol described in subdivision (a) of this subsection and the words:

CAUTION

RADIOACTIVE MATERIALS

(iii) Notwithstanding the provisions of items (i) and (ii) of this subdivision a label shall not be required:

(A) If the concentration of the material in the container does not exceed that specified in column 2 of Table I of WAC 402-24-220, Appendix A.

(B) For laboratory containers, such as beakers, flasks, and test tubes, used transiently in laboratory procedures, when the user is present.

(iv) Where containers are used for storage, the labels required in this subdivision ((shall))must state also the quantities and kinds of radioactive materials in the containers and the date of measurement of the quantities.

(7) Immediate evacuation warning signal.

(a) Signal characteristics.

(i) The signal ((shall))must be a midfrequency complex sound wave amplitude modulated at a subsonic frequency. The complex sound wave in free space ((shall))must have a fundamental frequency f1 between 450 and 500 hertz (Hz) modulated at a subsonic rate between 4 and 5 hertz.

(ii) The signal generator ((shall))must not be less than 75 decibels at every location where an individual may be present whose immediate, rapid, and complete evacuation is essential.

(iii) A sufficient number of signal units ((shall))must be installed such that the requirements of item (i) of this subdivision are met at every location where an individual may be present whose immediate, rapid, and complete evacuation is essential.

(iv) The signal ((shall))must be unique in the plant or facility in which it is installed.

(v) The minimum duration of the signal ((shall))must be sufficient to insure that all affected persons hear the signal.

(vi) The signal-generating system ((shall))must respond automatically to an initiating event without requiring any human action to sound the signal.

(b) Design objectives.

(i) The signal-generating system ((shall))must be designed to incorporate components which enable the system to produce the desired signal each time it is activated within one-half second of activation.

(ii) The signal-generating system ((shall))must be provided with an automatically activated secondary power supply which is adequate to simultaneously power all emergency equipment to which it is connected, if operation during power failure is necessary, except in those systems using batteries as the primary source of power.

(iii) All components of the signal-generating system ((shall))must be located to provide maximum practicable protection against damage in case of fire, explosion, corrosive atmosphere, or other environmental extremes consistent with adequate system performance.

(iv) The signal-generating system ((shall))must be designed with the minimum number of components necessary to make it function as intended, and should utilize components which do not require frequent servicing such as lubrication or cleaning.

(v) Where several activating devices feed activating information to a central signal generator, failure of any activating device ((shall))must not render the signal-generator system inoperable to activating information from the remaining devices.

(vi) The signal-generating system ((shall))must be designed to enhance the probability that alarm occurs only when immediate evacuation is warranted. The number of false alarms ((shall))must not be so great that the signal will come to be disregarded and shall be low enough to minimize personal injuries or excessive property damage that might result from such evacuation.

(i) Initial tests, inspections, and checks of the signal-generating system ((shall))must be made to verify that the fabrication and installation were made in accordance with design plans and specifications and to develop a thorough knowledge of the performance of the system and all components under normal and hostile conditions.

(ii) Once the system has been placed in service, periodic tests, inspections, and checks ((shall))must be made to minimize the possibility of malfunction.

(iii) Following significant alterations or revisions to the system, tests and checks similar to the initial installation tests ((shall))must be made.

(iv) Tests ((shall))must be designed to minimize hazards while conducting the tests.

(v) Prior to normal operation the signal-generating system shall be checked physically and functionally to ((assure))ensure reliability and to demonstrate accuracy and performance. Specific tests ((shall))must include:

(A) All power sources.

(B) Calibration and calibration stability.

(D) Continuity of function with loss and return of required services such as AC or DC power, air pressure, etc.

(E) All indicators.

(F) Trouble indicator circuits and signals, where used.

(G) Air pressure (if used).

(H) Determine that sound level of the signal is within the limit of item (a)(ii) of this subsection at all points that require immediate evacuation.

(vi) In addition to the initial startup and operating tests, periodic scheduled performance tests and status checks must be made to ((insure))ensure that the system is at all times operating within design limits and capable of the required response. Specific periodic tests or checks or both ((shall))must include:

(A) Adequacy of signal activation device.

(B) All power sources.

(D) Air pressure (if used).

(E) Function of entire system including operation without power where required.

(F) Complete operational tests including sounding of the signal and determination that sound levels are adequate.

(vii) Periodic tests ((shall))must be scheduled on the basis of need, experience, difficulty, and disruption of operations. The entire system should be operationally tested at least quarterly.

(viii) All employees whose work may necessitate their presence in an area covered by the signal shall be made familiar with the actual sound of the signal—preferably as it sounds at their work location. Before placing the system into operation, all employees normally working in the area ((shall))must be made acquainted with the signal by actual demonstration at their work locations.

(8) Exceptions from posting requirements. Notwithstanding the provisions of subsection (6) of this section:

(a) A room or area is not required to be posted with a caution sign because of the presence of a sealed source, provided the radiation level twelve inches from the surface of the source container or housing does not exceed 5 millirem per hour.

(b) Rooms or other areas in onsite medical facilities are not required to be posted with caution signs because of the presence of patients containing radioactive material, provided that there are personnel in attendance who ((shall))must take the precautions necessary to prevent the exposure of any individual to radiation or radioactive material in excess of the limits established in the provisions of this section.

(c) Caution signs are not required to be posted at areas or rooms containing radioactive materials for periods of less than 8 hours: Provided, that

(i) The materials are constantly attended during such periods by an individual who ((shall))must take the precautions necessary to prevent the exposure of any individual to radiation or radioactive materials in excess of the limits established in the provisions of this section; and

(ii) Such area or room is subject to the employer's control.

(9) Exemptions for radioactive materials packaged for shipment. Radioactive materials packaged and labeled in accordance with regulations of the Department of Transportation published in 49 C.F.R. Chapter I, are exempt from the labeling and posting requirements of this section during shipment, provided that the inside containers are labeled in accordance with the provisions of subsection (6) of this section.

(10) Instruction of personnel, posting.

(a) Employers regulated by the Nuclear Regulatory Commission shall be governed by 10 C.F.R. Part 20 standards. Employers conducting business in Washington state ((shall))must be governed by the requirements of the laws and regulations of the state. All other employers ((shall))must be regulated by the following:

(b) All individuals working in or frequenting any portion of a radiation area ((shall))must be informed of the occurrence of radioactive materials or of radiation in such portions of the radiation area; ((shall))must be instructed in the safety problems associated with exposure to such materials or radiation and in precautions or devices to minimize exposure; ((shall))must be instructed in the applicable provisions of this section for the protection of employees from exposure to radiation or radioactive materials; and ((shall))must be advised of reports of radiation exposure which employees may request pursuant to the regulations in this section.

(c) Each employer to whom this section applies ((shall))must post a current copy of its provisions and a copy of the operating procedures applicable to the work conspicuously in such locations as to ((insure))ensure that employees working in or frequenting radiation areas will observe these documents on the way to and from their place of employment, or ((shall))must keep such documents available for examination of employees upon request.

(11) Storage of radioactive materials. Radioactive materials stored in a nonradiation area ((shall))must be secured against unauthorized removal from the place of storage.

(12) Waste disposal. No employer ((shall))must dispose of radioactive material except as provided for in WAC 402-24-130.

(13) Notification of incidents.

(a) Immediate notification. Each employer ((shall))must immediately notify the industrial hygiene section, division of industrial safety and health for employees not protected by the Nuclear Regulatory Commission by means of 10 C.F.R. Part 20; subsection (2)(b) of this section by telephone or telegraph of any incident involving radiation which may have caused or threatens to cause:

(i) Exposure of the whole body of any individual to 25 rems or more of radiation; exposure of the skin of the whole body of any individual to 150 rems or more of radiation; or exposure of the feet, ankles, hands, or forearms of any individual to 375 rems or more of radiation; or

(ii) The release of radioactive material in concentrations which, if averaged over a period of twenty-four hours, would exceed 5,000 times the limit specified for such materials in Table II of WAC 402-24-220, Appendix A.

(iii) A loss of 1 working week or more of the operation of any facilities affected; or

(iv) Damage to property in excess of $100,000.

(b) Twenty-four hour notification. Each employer ((shall))must within twenty-four hours following its occurrence notify the industrial hygiene section, division of industrial safety and health, for employees not protected by the Nuclear Regulatory Commission by means of 10 C.F.R. Part 20; subsection (2)(b) of this section, by telephone or telegraph of any incident involving radiation which may have caused or threatens to cause:

(i) Exposure of the whole body of any individual to 5 rems or more of radiation; exposure of the skin of the whole body of any individual to 30 rems or more of radiation; or exposure of the feet, ankles, hands, or forearms to 75 rems or more of radiation; or

(ii) A loss of one day or more of the operation of any facilities; or

(iii) Damage to property in excess of $10,000.

(14) Reports of overexposure and excessive levels and concentrations.

(a) In addition to any notification required by subsection (13) of this section each employer ((shall))must make a report in writing within thirty days to the industrial hygiene section division of industrial safety and health, for employees not protected by the Nuclear Regulatory Commission by means of 10 C.F.R. Part 20; or under subsection (2)(b) of this section, of each exposure of an individual to radiation or concentrations of radioactive material in excess of any applicable limit in this section. Each report required under this subdivision ((shall))must describe the extent of exposure of persons to radiation or to radioactive material; levels of radiation and concentration of radioactive material involved, the cause of the exposure, levels of concentrations; and corrective steps taken or planned to ((assure))ensure against a recurrence.

(b) In any case where an employer is required pursuant to the provisions of this subsection to report to the industrial hygiene section, division of industrial safety and health, any exposure of an individual to radiation or to concentrations of radioactive material, the employer ((shall))must also notify such individual of the nature and extent of exposure. Such notice ((shall))must be in writing and ((shall))must contain the following statement: "You should preserve this report for future reference."

(15) Records.

(a) Every employer ((shall))must maintain records of the radiation exposure of all employees for whom personnel monitoring is required under subsection (5) of this section and advise each of his employees of his individual exposure on at least an annual basis.

(b) Every employer ((shall))must maintain records in the same units used in tables in subsection (2) of this section and WAC 402-24-220, Appendix A.

(16) Disclosure to former employee of individual employee's record.

(a) At the request of a former employee an employer ((shall))must furnish to the employee a report of the employee's exposure to radiation as shown in records maintained by the employer pursuant to subdivision (15)(a) of this section. Such report ((shall))must be furnished within thirty days from the time the request is made, and ((shall))must cover each calendar quarter of the individual's employment involving exposure to radiation or such lesser period as may be requested by the employee. The report ((shall))must also include the results of any calculations and analysis of radioactive material deposited in the body of the employee. The report ((shall))must be in writing and contain the following statement: "You should preserve this report for future reference."

(b) The former employee's request should include appropriate identifying data, such as Social Security number and dates and locations of employment.

(17) (Reserved)

(18) Radiation standards for mining.

(a) For the purpose of this subsection, a "working level" is defined as any combination of radon daughters in 1 liter of air which will result in the ultimate emission of 1.3 X 105 million electron volts of potential alpha energy. The numerical value of the "working level" is derived from the alpha energy released by the total decay of short-lived radon daughter products in equilibrium with 100 picocuries of radon 222 per liter of air. A working level month is defined as the exposure received by a worker breathing air at one working level concentration for 4-1/3 weeks of forty hours each.

(b) Occupational exposure to radon daughters in mines ((shall))must be controlled so that no individual will receive an exposure of more than two working level months in any calendar quarter and no more than four working level months in any calendar year. Actual exposures ((shall))must be kept as far below these values as practicable.

(c)(i) For uranium mines, records of environmental concentrations in the occupied parts of the mine, and of the time spent in each area by each person involved in an underground work ((shall))must be established and maintained. These records ((shall))must be in sufficient detail to permit calculations of the exposures, in units of working level months, of the individuals and shall be available for inspection by the industrial hygiene section, division of safety and health or their authorized representatives.

(ii) For other than uranium mines and for surface workers in all mines, item (i) of this subdivision will be applicable: Provided, however, That if no environmental sample shows a concentration greater than 0.33 working level in any occupied part of the mine, the maintenance of individual occupancy records and the calculation of individual exposures will not be required.

(d)(i) At the request of an employee (or former employee) a report of the employee's exposure to radiation as shown in records maintained by the employer pursuant to subdivision (c) of this subsection ((shall))must be furnished to ((him))them. The report ((shall))must be in writing and contain the following statement:

"This report is furnished to you under the provisions of the state of Washington, Ionizing Radiation Safety and Health Standards (chapter 296-62 WAC). You should preserve this report for future reference."

(ii) The former employee's request should include appropriate identifying data, such as Social Security number and dates and locations of employment. See tables in WAC 402-24-220, Appendix A and 402-24-230, Appendix B.

AMENDATORY SECTION(Amending WSR 92-22-067, filed 10/30/92, effective 12/8/92)

WAC 296-62-09005Nonionizing radiation.

(1) Introduction. Employees ((shall))must be protected from exposure to hazardous levels of nonionizing radiation. Health standards have been established for ultraviolet, radiofrequency/microwave, and laser radiations which ((shall))must be used to promote a healthful working environment. These standards refer to levels of nonionizing radiation and represent conditions under which it is believed that nearly all workers may be repeatedly exposed day after day without adverse effects. They are based on the best available information from experimental studies. Because of the wide variations in individual susceptibility, exposure of an occasional individual at, or even below, the permissible limit, may result in discomfort, aggravation of a preexisting condition, or physiological damage.

(a) Permissible exposure limits (PELs) refer to a time weighted average (TWA) of exposure for an eight-hour work day within a forty-hour workweek. Exceptions are those limits which are given a ceiling value.

(b) These PELs should be interpreted and applied only by technically qualified persons.

(c) Ceiling value. There are nonionizing radiations which produce physiological responses from short intense exposure and the PELs for these radiations are more appropriately based on this particular hazard. Nonionizing radiations with this type of hazard are best controlled by a ceiling value which is a maximum level of exposure which ((shall))must not be exceeded.

(2) The employer ((shall))must establish and maintain a program for the control and monitoring of nonionizing radiation hazards. This program ((shall))must provide employees adequate supervision, training, facilities, equipment, and supplies, for the control and assessment of nonionizing radiation hazards.

(3) Radiofrequency/microwave radiation permissible exposure limits.

(a) Definition((: "Partial body exposure" means)). Partial body exposure. The case in which only the hands and forearms or the feet and legs below the knee are exposed.

(b) Warning symbol.

(i) The warning symbol for radiofrequency/microwave radiation ((shall))must consist of a red isosceles triangle above an inverted black isosceles triangle, separated and outlined by an aluminum color border. The words "Warning - Radiofrequency/microwave radiation hazard" ((shall))must appear in the upper triangle. See Figure 1.

(ii) All areas where entry may result in an exposure to radiofrequency/microwave radiation in excess of the PEL ((shall))must have a warning symbol prominently displayed at their entrance.

(iii) American National Standard Safety Color Code for Marking Physical Hazards and the Identification of Certain Equipment, Z53.1-1953, ((shall))must be used for color specification. All lettering and the border ((shall))must be of aluminum color.

(iv) The inclusion and choice of warning information or precautionary instructions is at the discretion of the user. If such information is included it ((shall))must appear in the lower triangle of the warning symbol.

(([

Figure 1

Radiofrequency/Microwave Radiation Hazard Warning Symbol

]))

Figure 1

Radiofrequency/Microwave Radiation Hazard Warning Symbol

(([

]))

(c) These PELs refer to radiofrequency/microwave radiation exposures in the frequency range of 300 kHz to 100 GHz. Based on current knowledge, it is believed that workers may be exposed at these PELs without adverse health effects.

(i) Table I gives the PELs in terms of the mean squared electric (E2) and magnetic (H2) field strengths and in terms of the equivalent plane-wave free-space power density, as a function of frequency.

(ii) The average exposure for any six minute (0.1 hour) period ((shall))must not exceed the PEL.

(iii) Measurements ((shall))must be made at distances of 5 cm or greater from any object.

(iv) For mixed or broadband fields at a number of frequencies for which there are different PELs, the fraction of the PEL incurred within each frequency interval ((shall))must be determined and the sum of these fractions ((shall))must not exceed unity.

(v) PELs given in Table I for frequencies between 300 kHz and 1 GHz may be exceeded for partial body exposures if the output power of the radiating device is 7 watts or less.

Table I. Radiofrequency/Microwave Radiation

Permissible Exposure Limits (PELs).

Frequency(f)	Power Density*	Electric Field Strength Squared*	Magnetic Field Strength Squared*
	mW/cm2	V2/m2	A2/m2
0.3 to 3 MHz	100	400,000	2.5
3 to 30 MHz	900/f2	4000(900/f2)	0.025(900/f2)
30 to 300 MHz	1.0	4000	0.025
300 to 1500 MHz	f/300	4000(f/300)	0.025(f/300)
1.5 to 100 GHz	5.0	20,000	0.125
Note: f = frequency (MHz)
*Ceiling value

(4) Laser radiation permissible exposure limits.

(a) Definitions.

(i) (("Diffuse reflection" means))Diffuse reflection. A change of the spatial distribution of a beam of radiation when it is reflected in many directions by a surface or medium.

(ii) (("Specular reflection" means))Specular reflection. A mirrorlike reflection.

(iii) (("Accessible radiation" means))Accessible radiation. Laser radiation to which human access is possible.

(b) All lasers and laser systems ((shall))must be classified in accordance with the Federal Laser Product Performance Standards (21 C.F.R. 1040.10) or, if manufactured prior to August 2, 1976, in accordance with ANSI Z136.1-1980.

(i) Class I. Laser systems that are considered to be incapable of producing damaging radiation levels and are thereby exempt from control measures. This is a no hazard category.

(ii) Class II. Visible wavelength laser systems that have a low hazard potential because of the expected aversion response. There is some possibility of injury if stared at. This is a low hazard category.

(iii) Class III. Laser systems in which intrabeam viewing of the direct beam or specular reflections of the beam may be hazardous. This class is further subdivided into IIIa and IIIb. This is a moderate hazard category.

(iv) Class IV. Laser systems whose direct or diffusely reflected radiation may be hazardous and where the beam may constitute a fire hazard. Class IV systems require the use of controls that prevent exposure of the eye and skin to specular or diffuse reflections of the beam. This is a high hazard category.

(c) Warning signs and classification labels ((shall))must be prepared in accordance with 21 C.F.R. 1040.10 when classifying lasers and laser systems, and ANSI Z136.1 - 1980 when using classified lasers and laser systems. All signs and labels ((shall))must be conspicuously displayed.

(i) The signal word "CAUTION" ((shall))must be used with all signs and labels associated with Class II and Class IIIa lasers and laser systems.

(ii) The signal word "DANGER" ((shall))must be used with all signs and labels associated with Class IIIb and Class IV lasers and laser systems.

(d) Personal protective equipment ((shall))must be provided at no cost to the employee and ((shall))must be worn whenever operational conditions or maintenance of lasers may result in a potentially hazardous exposure.

(i) Protective eyewear ((shall))must be specifically designed for protection against radiation of the wavelength and radiant energy of the laser or laser system. Ocular exposure shall not exceed the recommendations of ANSI Z136.1 - 1980.

(ii) For Class IV lasers and laser systems protective eyewear ((shall))must be worn for all operational conditions or maintenance which may result in exposures to laser radiation.

(e) Engineering controls ((shall))must be used whenever feasible to reduce the accessible radiation levels for Class IV lasers and laser systems to a lower classification level. These controls may include, but are not limited to: Protective housings, interlocks, optical system attenuators, enclosed beam paths, remote controls, beam stops, and emission delays with audible warnings.

(f) All employees who may be exposed to laser radiation shall receive laser safety training. The training ((shall))must ensure that the employees are knowledgeable of the potential hazards and control measures for the laser equipment in use.

(5) Ultraviolet radiation.

(a) These permissible exposure limits refer to ultraviolet radiation in the spectral region between 200 and 400 nanometer (nm) and represent conditions under which it is believed that nearly all workers may be repeatedly exposed without adverse effect. These values for exposure of the eye or the skin apply to ultraviolet radiation from arcs, gas, and vapor discharges, and incandescent sources, but do not apply to ultraviolet lasers or solar radiation. These levels should not be used for determining exposure of photosensitive individuals to ultraviolet radiation. These values ((shall))must be used in the control of exposure to continuous sources where the exposure relation ((shall))must not be less than 0.1 sec.

(b) The permissible exposure limit for occupational exposure to ultraviolet radiation incident upon skin or eye where irradiance values are known and exposure time is controlled are as follows:

(i) For the near ultraviolet spectral region (320 to 400 nanometer (nm)), total irradiance incident upon the unprotected skin or eye ((shall))must not exceed 1.0 milliwatt/sq. centimeter for periods greater than 103 seconds (approximately 16 minutes) and for exposure times less than 103 seconds shall not exceed one Joule/sq. centimeter.

(ii) For the actinic ultraviolet spectral region (200 - 315 nm), radiant exposure incident upon the unprotected skin or eye ((shall))must not exceed the values given in Table 4 within an 8-hour period.

(iii) To determine the effective irradiance of a broadband source weighted against the peak of the spectral effectiveness curve (270 nanometer (nm)), the following weighting formulas shall be used.

Eeff = ∑ (E-Lambda) (S-Lambda) (Delta-Lambda)
Where:
Eeff	=	effective irradiance relative to a monochromatic source at 270nm
E-Lambda	=	spectral irradiance in Watts/sq. centimeter/nanometer.
S-Lambda	=	relative spectral effectiveness (unitless)
Delta-Lambda	=	band width in nanometers

(iv) Permissible exposure time in seconds for exposure to actinic ultraviolet radiation incident upon the unprotected skin or eye may be computed by dividing 0.003 Joules/sq. centimeter by Eeff in Watts/sq. centimeter. The exposure time may also be determined using Table 5 which provides exposure times corresponding to effective irradiances in µW/cm2.

TABLE 4

Wavelength nanometer	PEL millijoules/sq. centimeters		Relative Spectral Effectiveness S Lambda
200	100			0.03
210	40			0.075
220	25			0.12
230	16			0.19
240	10			0.30
250		7.0		0.43
254		6.0		0.5
260		4.6		0.65
270		3.0		1.0
280		3.4		0.88
290		4.7		0.64
300	10			0.30
305	50			0.06
310	200			0.015
315	1000			0.003

TABLE 5

Duration of Exposure Per Day		Effective Irradiance Eeff (µW/cm2)
8 hrs.		0.1
4 hrs.		0.2
2 hrs.		0.4
1 hr.		0.8
1/2 hr.		1.7
15 min.		3.3
10 min.		5
5 min.		10
1 min.		50
30 sec.		100
10 sec.		300
1 sec.		3,000
0.5 sec.		6,000
0.1 sec.		30,000

TABLE 6

Densities and Transmissions (in Percent); also Tolerances in Densities and Transmissions of Various Shades of Glasses for Protection Against Injurious Rays

(Shades 3 to 8, inclusive, are for use in goggles, shades 10 to 14, inclusive, for welder's helmets and face shields)

[CODIFICATION NOTE: The graphic presentation of this table has been varied slightly in order that it would fall within the printing specifications for the Washington Administrative Code. In the following table, the original table had columns relating to (1) "Optical Density" which is now "Part 1," (2) "Total Visible Luminous Transmittance" and "Maximum total Infrared" which are now "Part 2," (3) "Maximum Ultraviolet Transmission" which is now "Part 3," and (4) "Recommended Uses" which is now "Part 4." These columns were all positioned side by side. In the new WAC format these are split up into four separate tables.]

TABLE 6—Part 1

			Optical Density
Shade No.	Minimum [C]O.D.			Standard O.D.		Maximum O.D.
3.0		.64			.857		1.06
4.0		1.07			1.286		1.49
5.0		1.50			1.714		1.92
6.0		1.93			2.143		2.35
7.0		2.36			2.572		2.78
8		2.79			3.000		3.21
9		3.22			3.429		3.63
10		3.64			3.857		4.06
11		4.07			4.286		4.49
12		4.50			4.715		4.92
13		4.93			5.143		5.35
14		5.36			5.571		5.78

TABLE 6—Part 2


Total Visible					Maximum
Luminous Transmittance					Total
Shade No.	Maximum %	Standard %	Minimum %		Infrared %
3.0	22.9	13.9		8.70	9.0
4.0	8.51	5.18		3.24	5.0
5.0	3.16	1.93		1.20	2.5
6.0	1.18	.72		.45	1.5
7.0	.44	.27		.17	1.3
8	.162	.100		.062	1.0
9	.060	.037		.023	.8
10	.0229	.0139		.0087	.6
11	.0085	.0052		.0033	.5
12	.0032	.0019		.0012	.5
13	.00118	.00072		.00045	.4
14	.00044	.00027		.00017	.3

TABLE 6—Part 3

Maximum Ultraviolet Transmission
Shade No.	313mu %	334mu %	365mu %	405mu %
3.0	.2	.2	.5	1.0
4.0	.2	.2	.5	1.0
5.0	.2	.2	.2	.5
6.0	.1	.1	.1	.5
7.0	.1	.1	.1	.5
8	.1	.1	.1	.5
9	.1	.1	.1	.5
10	.1	.1	.1	.5
11	.05	.05	.05	.1
12	.05	.05	.05	.1
13	.05	.05	.05	.1
14	.05	.05	.05	.1

TABLE 6—Part 4

Shade
No.			Recommended Uses
3.0		Glare of reflected sunlight from snow, water, sand, etc., stray light from cutting and welding metal pouring and work around furnaces and foundries.
4.0
5.0		Light acetylene cutting and welding; light electric spot welding.
6.0
7.0		Acetylene cutting and medium welding; arc welding up to 30 amperes.
8
9		Heavy acetylene welding; arc cutting and welding between 30 and 75 amperes.
10
11		Arc cutting and welding between 75 and 200 amperes.
12
13		Arc cutting and welding between 200 and 400 amperes.
14		Arc cutting and welding above 400 amperes.
a.	American Standard Safety Code for the Protection of Heads, Eyes, and Respiratory Organs.
b.	Standard density is defined as the logarithms (base 10) of the reciprocal of the transmission. Shade number is determined by the density according to the relations:
Shade number = 7/3 density + 1 with tolerances as given in the table.

Note:

Safety glasses are available with lenses which protect the eyes against ultraviolet radiation.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION(Amending WSR 91-11-070, filed 5/20/91, effective 6/20/91)

WAC 296-62-09007Pressure.

(1) Employees exposed to pressures above normal atmospheric pressure which may produce physiological injury ((shall))must adhere to decompression schedules or other tables as are or may be adopted by the department of labor and industries: for example, state of Washington "safety standards for compressed air work" and "safety standards for commercial diving operations." The employer ((shall))must provide and supervise the use of decompression equipment and schedules in accordance with applicable requirements.

(2) If no specific requirements prevail for an unusual condition, a plan based on the recommendations of professionally qualified advisors, experienced with hazards associated with such exposures, ((shall))must be followed by both the employer and employee.

AMENDATORY SECTION(Amending Order 73-3, filed 5/7/73)

WAC 296-62-09009Vibration.

Reasonable precautions ((shall))must be taken to protect workmen against the hazardous effects of unavoidable exposure to vibrations.

AMENDATORY SECTION(Amending Order 73-3, filed 5/7/73)

WAC 296-62-09013Temperature, radiant heat, or temperature-humidity combinations.

(((1))) Workmen subjected to temperature extremes, radiant heat, humidity, or air velocity combinations which, over a period of time, are likely to produce physiological responses which are harmful ((shall))must be afforded protection by use of adequate controls, methods or procedures, or protective clothing. This ((shall))must not be construed to apply to normal occupations under atmospheric conditions which may be expected in the area except that special provisions which are required by other regulations for certain areas or occupations ((shall))must prevail.

AMENDATORY SECTION(Amending WSR 08-12-109, filed 6/4/08, effective 7/5/08)

WAC 296-62-09510Scope and purpose.

(1) WAC 296-62-095 through 296-62-09560 applies to all employers with employees performing work in an outdoor environment.

(2) The requirements of WAC 296-62-095 through 296-62-09560 apply to outdoor work environments from May 1 through September 30, annually, only when employees are exposed to outdoor heat at or above an applicable temperature listed in Table 1.

Table 1

To determine which temperature applies to each worksite, select the temperature associated with the general type of clothing or personal protective equipment (PPE) each employee is required to wear.

Outdoor Temperature Action Levels

All other clothing	89°
Double-layer woven clothes including coveralls, jackets and sweatshirts	77°
Nonbreathing clothes including vapor barrier clothing or PPE such as chemical resistant suits	52°

Note:

There is no requirement to maintain temperature records. The temperatures in Table 1 were developed based on Washington state data and are not applicable to other states.

(3) WAC 296-62-095 through 296-62-09560 does not apply to incidental exposure which exists when an employee is not required to perform a work activity outdoors for more than fifteen minutes in any sixty-minute period. This exception may be applied every hour during the work shift.

(4) WAC 296-62-095 through 296-62-09560 supplement all industry-specific standards with related requirements. Where the requirements under these sections provide more specific or greater protection than the industry-specific standards, the employer ((shall))must comply with the requirements under these sections. Additional related requirements are found in chapter 296-305 WAC, Safety standards for firefighters and chapter 296-307 WAC, Safety standards for agriculture.

AMENDATORY SECTION(Amending WSR 08-12-109, filed 6/4/08, effective 7/5/08)

WAC 296-62-09520Definitions.

(((1)))Acclimatization((means)). The body's temporary adaptation to work in heat that occurs as a person is exposed to it over time.

(((2)))Double-layer woven clothing((means)). Clothing worn in two layers allowing air to reach the skin. For example, coveralls worn on top of regular work clothes.

(((3)))Drinking water((means)). Potable water that is suitable to drink. Drinking water packaged as a consumer product and electrolyte-replenishing beverages (i.e., sports drinks) that do not contain caffeine are acceptable.

(((4)))Engineering controls((means)). The use of devices to reduce exposure and aid cooling (i.e., air conditioning).

(((5)))Environmental factors for heat-related illness((means)). Working conditions that increase susceptibility for heat-related illness such as air temperature, relative humidity, radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload (i.e., heavy, medium, or low) and duration, and personal protective equipment worn by employees. Measurement of environmental factors is not required by WAC 296-62-095.

(((6)))Heat-related illness((means)). A medical condition resulting from the body's inability to cope with a particular heat load, and includes, but is not limited to, heat cramps, heat rash, heat exhaustion, fainting, and heat stroke.

(((7)))Outdoor environment((means)). An environment where work activities are conducted outside. Work environments such as inside vehicle cabs, sheds, and tents or other structures may be considered an outdoor environment if the environmental factors affecting temperature are not managed by engineering controls. Construction activity is considered to be work in an indoor environment when performed inside a structure after the outside walls and roof are erected.

(((8)))Vapor barrier clothing((means)). Clothing that significantly inhibits or completely prevents sweat produced by the body from evaporating into the outside air. Such clothing includes encapsulating suits, various forms of chemical resistant suits used for PPE, and other forms of nonbreathing clothing.

AMENDATORY SECTION(Amending WSR 99-10-071, filed 5/4/99, effective 9/1/99)

WAC 296-62-11019Spray-finishing operations.

(1) Definitions.

(a) (("Spray-finishing operations" means))Spray-finishing operations. Employment of methods wherein organic or inorganic materials are utilized in dispersed form from deposit on surfaces to be coated, treated or cleaned. Such methods of deposit may involve either automatic, manual, or electrostatic deposition but do not include metal spraying or metallizing, dipping, flow coating, roller coating, tumbling, centrifuging, or spray washing and degreasing as conducted in self-contained washing and degreasing machines or systems.

(b) (("))Spray booth((")). Spray booths are defined and described in WAC 296-24-370 through 296-24-37007. (See sections 103, 104, and 105 of the Standard for Spray Finishing Using Flammable and Combustible Materials, NFPA No. 33-1969.)

(c) (("))Spray room((" means)). A room in which spray-finishing operations not conducted in a spray booth are performed separately from other areas.

(d) (("Minimum maintained velocity" means))Minimum maintained velocity. The velocity of air movement which must be maintained in order to meet minimum specified requirements for health and safety.

(2) Location and application. Spray booths or spray rooms are to be used to enclose or confine all operations. Spray-finishing operations ((shall))must be located as provided in sections 201 through 206 of the Standard for Spray Finishing Using Flammable and Combustible Materials, NFPA No. 33-1969.

(3) Design and construction of spray booths.

(a) Spray booths ((shall))must be designed and constructed in accordance with WAC 296-24-370 through 296-24-37007 (see sections 301-304 and 306-310 of the Standard for Spray Finishing Using Flammable and Combustible Materials, NFPA No. 33-1969), for general construction specifications.

Note:

For a more detailed discussion of fundamentals relating to this subject, see ANSI Z9.2-1960.

(i) Lights, motors, electrical equipment and other sources of ignition ((shall))must conform to the requirements of WAC 296-24-370. (See section 310 and chapter 4 of the Standard for Spray Finishing Using Flammable and Combustible Materials, NFPA No. 33-1969.)

(ii) In no case ((shall))must combustible material be used in the construction of a spray booth and supply or exhaust duct connected to it.

(b) Unobstructed walkways ((shall))must not be less than 6 1/2 feet high and ((shall))must be maintained clear of obstruction from any work location in the booth to a booth exit or open booth front. In booths where the open front is the only exit, such exits ((shall))must be not less than 3 feet wide. In booths having multiple exits, such exits ((shall))must not be less than 2 feet wide, provided that the maximum distance from the work location to the exit is 25 feet or less. Where booth exits are provided with doors, such doors shall open outward from the booth.

(c) Baffles, distribution plates, and dry-type overspray collectors ((shall))must conform to the requirements of WAC 296-24-370. (See sections 304 and 305 of the Standard for Spray Finishing Using Flammable and Combustible Materials, NFPA No. 33-1969.)

(i) Overspray filters ((shall))must be installed and maintained in accordance with the requirements of WAC 296-24-370, (See section 305 of the Standard for Spray Finishing Using Flammable and Combustible Materials, NFPA No. 33-1969), and ((shall))must only be in a location easily accessible for inspection, cleaning, or replacement.

(ii) Where effective means, independent of the overspray filters are installed which will result in design air distribution across the booth cross section, it is permissible to operate the booth without the filters in place.

(d)(i) For wet or water-wash spray booths, the water-chamber enclosure, within which intimate contact of contaminated air and cleaning water or other cleaning medium is maintained, if made of steel, ((shall))must be 18 gauge or heavier and adequately protected against corrosion.

(ii) Chambers may include scrubber spray nozzles, headers, troughs, or other devices. Chambers ((shall))must be provided with adequate means for creating and maintaining scrubbing action for removal of particulate matter from the exhaust air stream.

(e) Collecting tanks ((shall))must be of welded steel construction or other suitable noncombustible material. If pits are used as collecting tanks, they ((shall))must be concrete, masonry, or other material having similar properties.

(i) Tanks ((shall))must be provided with weirs, skimmer plates, or screens to prevent sludge and floating paint from entering the pump suction box. Means for automatically maintaining the proper water level ((shall))must also be provided. Fresh water inlets ((shall))must not be submerged. They ((shall))must terminate at least one pipe diameter above the safety overflow level of the tank.

(ii) Tanks ((shall))must be so constructed as to discourage accumulation of hazardous deposits.

(f) Pump manifolds, risers, and headers ((shall))must be adequately sized to insure sufficient water flow to provide efficient operation of the water chamber.

(4) Design and construction of spray rooms.

(a) Spray rooms, including floors, ((shall))must be constructed of masonry, concrete, or other noncombustible material.

(b) Spray rooms ((shall))must have noncombustible fire doors and shutters.

(c) Spray rooms ((shall))must be adequately ventilated so that the atmosphere in the breathing zone of the operator ((shall))must be maintained in accordance with the requirements of (6)(b) of this section.

(d) Spray rooms used for production spray-finishing operations ((shall))must conform to the requirements of spray booths.

(5) Ventilation.

(a) Ventilation ((shall))must be provided in accordance with provisions of WAC 296-24-370, (See chapter 5 of the Standard for Spray Finishing Using Flammable or Combustible Materials, NFPA No. 33-1969), and in accordance with the following:

(i) Where a fan plenum is used to equalize or control the distribution of exhaust air movement through the booth, it ((shall))must be of sufficient strength or rigidity to withstand the differential air pressure or other superficially imposed loads for which the equipment is designed and also to facilitate cleaning. Construction specifications ((shall))must be at least equivalent to those of (5)(c) of this section.

(ii) All fan ratings ((shall))must be in accordance with Air Moving and Conditioning Association Standard Test Code for Testing Air Moving Devices, Bulletin 210, April 1962.

(b) Inlet or supply ductwork used to transport makeup air to spray booths or surrounding areas ((shall))must be constructed of noncombustible materials.

(i) If negative pressure exists within inlet ductwork, all seams and joints ((shall))must be sealed if there is a possibility of infiltration of harmful quantities of noxious gases, fumes, or mists from areas through which ductwork passes.

(ii) Inlet ductwork ((shall))must be sized in accordance with volume flow requirements and provide design air requirements at the spray booth.

(iii) Inlet ductwork ((shall))must be so supported throughout its length to sustain at least its own weight plus any negative pressure which is exerted upon it under normal operating conditions.

(c) Ducts ((shall))must be so constructed as to provide structural strength and stability at least equivalent to sheet steel of not less than the following thickness:

DIAMETER OR GREATER DIMENSION
	(U.S. gauge)
Up to 8 inches inclusive . . . .	No. 24
Over 8 inches to 18 inches inclusive. . . .	No. 22
Over 18 inches to 30 inches inclusive. . . .	No. 20
Over 30 inches. . . .	No. 18

(i) Exhaust ductwork ((shall))must be adequately supported throughout its length to sustain its weight plus any normal accumulation in interior during normal operating conditions and any negative pressure exerted upon it.

(ii) Exhaust ductwork ((shall))must be sized in accordance with good design practice which shall include consideration of fan capacity, length of duct, number of turns and elbows, variation in size, volume, and character of materials being exhausted. See American National Standard Z9.2-1960 for further details and explanation concerning elements of design.

(iii) Longitudinal joints in sheet steel ductwork ((shall))must be either lock-seamed, riveted, or welded. For other than steel construction, equivalent securing of joints ((shall))must be provided.

(iv) Circumferential joints in ductwork ((shall))must be substantially fastened together and lapped in the direction of airflow. At least every fourth joint ((shall))must be provided with connecting flanges, bolted together or of equivalent fastening security.

(v) Inspection or clean-out doors ((shall))must be provided for every nine to twelve feet of running length for ducts up to twelve inches in diameter, but the distance between clean-out doors may be greater for larger pipes. (See 8.3.21 of American National Standard Z9.1-1960.) A clean-out door or doors ((shall))must be provided for servicing the fan, and where necessary, a drain shall be provided.

(vi) Where ductwork passes through a combustible roof or wall, the roof or wall ((shall))must be protected at the point of penetration by open space or fire-resistive material between the duct and the roof or wall. When ducts pass through fire-walls, they ((shall))must be provided with automatic fire dampers on both sides of the wall, except that three-eighth-inch steel plates may be used in lieu of automatic fire dampers for ducts not exceeding 18 inches in diameter.

(vii) Ductwork used for ventilating any process covered in this standard ((shall))must not be connected to ducts ventilating any other process or any chimney or flue used for conveying any products of combustion.

(6) Velocity and air flow requirements.

(a) Except where a spray booth has an adequate air replacement system, the velocity of air into all openings of a spray booth ((shall))must be not less than that specified in Table 14 for the operating conditions specified. An adequate air replacement system is one which introduces replacement air upstream or above the object being sprayed and is so designed that the velocity of air in the booth cross section is not less than that specified in Table 14 when measured upstream or above the object being sprayed.

TABLE 14

MINIMUM MAINTAINED VELOCITIES

INTO SPRAY BOOTHS

Operating Airflow conditions for object completely inside booth	Crossdraft f.p.m.	Velocities, f.p.m.
	Crossdraft f.p.m.	Design	Range
Electrostatic and automatic airless operation contained in booth without operator.	Negligible. . . .	50 large booth	50-75
		100 small booth	75-125
Air-operated guns, manual or automatic	Up to 50. . . .	100 large booth	75-125
Air-operated guns, manual or automatic		150 small booth	125-175
Air-operated guns, manual or automatic	Up to 100. . . .	150 large booth	125-175
Air-operated guns, manual or automatic		200 small booth	150-250

Notes:
(1)	Attention is invited to the fact that the effectiveness of the spray booth is dependent upon the relationship of the depth of the booth to its height and width.
(2)	Crossdrafts can be eliminated through proper design and such design should be sought. Crossdrafts in excess of 100 fpm (feet per minute) should not be permitted.
(3)	Excessive air pressures result in loss of both efficiency and material waste in addition to creating a backlash that may carry overspray and fumes into adjacent work areas.
(4)	Booths should be designed with velocity shown in the column headed "Design." However, booths operating with velocities shown in the column headed "Range" are in compliance with this standard.

(b) In addition to the requirements in (6)(a) of this section the total air volume exhausted through a spray booth ((shall))must be such as to dilute solvent vapor to at least 25 percent of the lower explosive limit of the solvent being sprayed. An example of the method of calculating this volume is given below.

	Example: To determine the lower explosive limits of the most common solvents used in spray finishing, see Table 15. Column 1 gives the number of cubic feet of vapor per gallon of solvent and column 2 gives the lower explosive limit (LEL) in percentage by volume of air. Note that the quantity of solvent will be diminished by the quantity of solids and nonflammable contained in the finish.
	To determine the volume of air in cubic feet necessary to dilute the vapor from 1 gallon of solvent to 25 percent of the lower explosive limit, apply the following formula:

Dilution volume required per gallon of solvent	=	4 (100-LEL) (cubic feet of vapor per gallon)
		LEL

Using toluene as the solvent. (1) LEL of toluene from Table 15, column 2, is 1.4 percent. (2) Cubic feet of vapor per gallon from Table 15, column 1, is 30.4 cubic feet per gallon. (3) Dilution volume required =
	4 (100-1.4) 30.4	= 8,564 cubic feet.
	1.4

(4) To convert to cubic feet per minute of required ventilation, multiply the dilution volume required per gallon of solvent by the

number of gallons of solvent evaporated per minute.

TABLE 15

LOWER EXPLOSIVE LIMIT OF SOME

COMMONLY USED SOLVENTS

	Cubic feet of vapor per gallon of liquid at 70°F.	Lower explosive limit in percent by volume of air at 70°F.
Solvent	Cubic feet of vapor per gallon of liquid at 70°F.	Lower explosive limit in percent by volume of air at 70°F.
	Column 1	Column 2
Acetone. . . .	44.0	2.6
Amyl Acetate (iso). . . .	21.6	1.01
Amyl Alcohol (n). . . .	29.6	1.2
Amyl Alcohol (iso). . . .	29.6	1.2
Benzene. . . .	36.8	1.41
Butyl Acetate (n). . . .	24.8	1.7
Butyl Alcohol (n). . . .	35.2	1.4
Butyl Cellosolve. . . .	24.8	1.1
Cellosolve. . . .	33.6	1.8
Cellosolve Acetate. . . .	23.2	1.7
Cyclohexanone. . . .	31.2	1.11
1,1 Dichloroethylene. . . .	42.4	5.6
1,2 Dichloroethylene. . . .	42.4	9.7
Ethyl Acetate. . . .	32.8	2.5
Ethyl Alcohol. . . .	55.2	4.3
Ethyl Lactate. . . .	28.0	1.51
Methyl Acetate. . . .	40.0	3.1
Methyl Alcohol. . . .	80.8	7.3
Methyl Cellosolve. . . .	40.8	2.5
Methyl Ethyl Ketone. . . .	36.0	1.8
Methyl n-Propyl Ketone. . . .	30.4	1.5
Naphtha (VM&P) (76° Naphtha). . . .	22.4	0.9
Naphtha (100° Flash) Safety Solvent-Stoddard Solvent. . . .	23.2	1.1
Propyl Acetate (n). . . .	27.2	2.0
Propyl Acetate (iso). . . .	28.0	1.8
Propyl Alcohol (n). . . .	44.8	2.1
Propyl Alcohol (iso). . . .	44.0	2.0
Toluene. . . .	30.4	1.4
Turpentine. . . .	20.8	0.8
Xylene (o). . . .	26.4	1.0

At 212°F.

(c)(i) When an operator is in a booth downstream of the object being sprayed, an air-supplied respirator or other type of respirator certified by NIOSH under 42 C.F.R. part 84 for the material being sprayed should be used by the operator.

(ii) Where downdraft booths are provided with doors, such doors ((shall))must be closed when spray painting.

(7) Make-up air.

(a) Clean fresh air, free of contamination from adjacent industrial exhaust systems, chimneys, stacks, or vents, ((shall))must be supplied to a spray booth or room in quantities equal to the volume of air exhausted through the spray booth.

(b) Where a spray booth or room receives make-up air through self-closing doors, dampers, or louvers, they ((shall))must be fully open at all times when the booth or room is in use for spraying. The velocity of air through such doors, dampers, or louvers ((shall))must not exceed 200 feet per minute. If the fan characteristics are such that the required air flow through the booth will be provided, higher velocities through the doors, dampers, or louvers may be used.

(c)(i) Where the air supply to a spray booth or room is filtered, the fan static pressure ((shall))must be calculated on the assumption that the filters are dirty to the extent that they require cleaning or replacement.

(ii) The rating of filters ((shall))must be governed by test data supplied by the manufacturer of the filter. A pressure gauge ((shall))must be installed to show the pressure drop across the filters. This gauge ((shall))must be marked to show the pressure drop at which the filters require cleaning or replacement. Filters ((shall))must be replaced or cleaned whenever the pressure drop across them becomes excessive or whenever the air flow through the face of the booth falls below that specified in Table 14.

(d)(i) Means of heating make-up air to any spray booth or room, before or at the time spraying is normally performed, ((shall))must be provided in all places where the outdoor temperature may be expected to remain below 55°F. for appreciable periods of time during the operation of the booth except where adequate and safe means of radiant heating for all operating personnel affected is provided. The replacement air during the heating seasons ((shall))must be maintained at not less than 65°F. at the point of entry into the spray booth or spray room. When otherwise unheated make-up air would be at a temperature of more than 10°F. below room temperature, its temperature ((shall))must be regulated as provided in section 3.6 of ANSI Z9.2-1960.

(ii) As an alternative to an air replacement system complying with the preceding section, general heating of the building in which the spray room or booth is located may be employed provided that all occupied parts of the building are maintained at not less than 65°F. when the exhaust system is in operation or the general heating system supplemented by other sources of heat may be employed to meet this requirement.

(iii) No means of heating make-up air ((shall))must be located in a spray booth.

(iv) Where make-up air is heated by coal or oil, the products of combustion ((shall))must not be allowed to mix with the make-up air, and the products of combustion ((shall))must be conducted outside the building through a flue terminating at a point remote from all points where make-up air enters the building.

(v) Where make-up air is heated by gas, and the products of combustion are not mixed with the make-up air but are conducted through an independent flue to a point outside the building remote from all points where make-up air enters the building, it is not necessary to comply with (7)(d)(vi) of this section.

(vi) Where make-up air to any manually operated spray booth or room is heated by gas and the products of combustion are allowed to mix with the supply air, the following precautions must be taken:

(A) The gas must have a distinctive and strong enough odor to warn workmen in a spray booth or room of its presence if in an unburned state in the make-up air.

(B) The maximum rate of gas supply to the make-up air heater burners must not exceed that which would yield in excess of 200 p.p.m. (parts per million) of carbon monoxide or 2,000 p.p.m. of total combustible gases in the mixture if the unburned gas upon the occurrence of flame failure were mixed with all of the make-up air supplied.

(C) A fan must be provided to deliver the mixture of heated air and products of combustion from the plenum chamber housing the gas burners to the spray booth or room.

(8) Scope. Spray booths or spray rooms are to be used to enclose or confine all spray finishing operations covered by this paragraph. This paragraph does not apply to the spraying of the exteriors of buildings, fixed tanks, or similar structures, nor to small portable spraying apparatus not used repeatedly in the same location.

AMENDATORY SECTION(Amending WSR 07-23-072, filed 11/19/07, effective 1/2/08)

WAC 296-62-135Oxygen deficient atmospheres.

(1) Definition. A lack of sufficient oxygen is deemed to exist if the atmosphere at sea level has less than 19.5% oxygen by volume or has a partial pressure of oxygen of 148 millimeters of mercury (mm Hg) or less. This may deviate when working at higher elevations and should be determined for an individual location. Factors such as acclimatization, physical conditions of the persons involved, etc., must be considered for such circumstances and conditions.

(2) Entering areas with possible oxygen deficient atmospheres. Workers entering any area where a lack of sufficient oxygen is probable ((shall))must be supplied with and ((shall))must use approved equipment (for specific requirements see applicable provisions of chapters 296-62, 296-307 (Part-U3), 296-809 and 296-841 WAC) capable of providing safe respirable air, or prior to entry and at all times when workers are in such areas a sufficient supply of safe, respirable air ((shall))must be provided. All workers so exposed ((shall))must be under constant observation. If the oxygen content is unknown or may change during occupation, tests ((shall))must be required prior to and during occupation of questionable areas.

AMENDATORY SECTION(Amending WSR 07-23-072, filed 11/19/07, effective 1/2/08)

WAC 296-62-13605Definition.

Ventilation shall mean the provision, circulation or exhausting of air into or from an area or space.

(((1) "Local exhaust ventilation" shall mean the mechanical removal of contaminated air from the point where the contaminant is being generated or liberated.

(2) "Dilution ventilation" means inducing and mixing uncontaminated air with contaminated air in such quantities that the resultant mixture in the breathing zone will not exceed the permissible exposure limit (PEL) specified for any contaminant.

(3) "Exhaust ventilation" means the general movement of air out of the area or permit-required confined space by mechanical or natural means.

(4) "Tempered make-up air" means air which has been conditioned by changing its heat content to obtain a specific desired temperature.))Dilution ventilation. Inducing and mixing uncontaminated air with contaminated air in such quantities that the resultant mixture in the breathing zone will not exceed the permissible exposure limit (PEL) specified for any contaminant.

Exhaust ventilation. The general movement of air out of the area or permit-required confined space by mechanical or natural means.

Local exhaust ventilation. The mechanical removal of contaminated air from the point where the contaminant is being generated or liberated.

Tempered make-up air. Air which has been conditioned by changing its heat content to obtain a specific desired temperature.

AMENDATORY SECTION(Amending WSR 07-23-072, filed 11/19/07, effective 1/2/08)

WAC 296-62-13615Adequate system.

Adequate ventilation systems ((shall))must be installed as needed to control concentrations of airborne contaminants below applicable threshold limit values.

AMENDATORY SECTION(Amending WSR 07-23-072, filed 11/19/07, effective 1/2/08)

WAC 296-62-13620Exhaust.

Exhaust from ventilation systems ((shall))must discharge in such a manner that the contaminated air being exhausted will not present a health hazard to any workman or reenter buildings in harmful amounts.

AMENDATORY SECTION(Amending WSR 07-23-072, filed 11/19/07, effective 1/2/08)

WAC 296-62-13625Make-up air quantity.

Make-up air ((shall))must be of ample quantity to replace the exhausted air and shall be tempered when necessary.

AMENDATORY SECTION(Amending WSR 07-23-072, filed 11/19/07, effective 1/2/08)

WAC 296-62-13630Design and operation.

Ventilation systems ((shall))must be designed and operated in such a manner that employees will not be subjected to excessive air velocities.

AMENDATORY SECTION(Amending WSR 07-23-072, filed 11/19/07, effective 1/2/08)

WAC 296-62-13635Compatibility of systems.

Make-up air systems ((shall))must be designed and operated in such a manner that they will not interfere with the effectiveness of the exhaust air system.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-14533Cotton dust.

(1) Scope and application.

(a) This section, in its entirety, applies to the control of employee exposure to cotton dust in all workplaces where employees engage in yarn manufacturing, engage in slashing and weaving operations, or work in waste houses for textile operations.

(b) This section does not apply to the handling or processing of woven or knitted materials; to maritime operations covered by chapters 296-56 and 296-304 WAC; to harvesting or ginning of cotton; or to the construction industry.

(c) Only subsection (8) of this section, Medical surveillance, subsection (11)(b) of this section, Medical surveillance, subsection (11)(c) of this section, Availability, subsection (11)(d) of this section, Transfer of records, and Appendices B, C, and D of this section apply in all work places where employees exposed to cotton dust engage in cottonseed processing or waste processing operations.

(d) This section applies to yarn manufacturing and slashing and weaving operations exclusively using washed cotton (as defined by subsection (14) of this section) only to the extent specified by subsection (14) of this section.

(e) This section, in its entirety, applies to the control of all employees exposure to the cotton dust generated in the preparation of washed cotton from opening until the cotton is thoroughly wetted.

(f) This section does not apply to knitting, classing or warehousing operations except that employers with these operations, if requested by WISHA, ((shall))must grant WISHA access to their employees and workplaces for exposure monitoring and medical examinations for purposes of a health study to be performed by WISHA on a sampling basis.

(2) Definitions applicable to this section:

(a) (("Blow down" -))Blow down. The cleaning of equipment and surfaces with compressed air.

(b) (("Blow off" -))Blow off. The use of compressed air for cleaning of short duration and usually for a specific machine or any portion of a machine.

(c) (("Cotton dust" -))Cotton dust. Dust present in the air during the handling or processing of cotton, which may contain a mixture of many substances including ground-up plant matter, fiber, bacteria, fungi, soil, pesticides, noncotton plant matter and other contaminants which may have accumulated with the cotton during the growing, harvesting and subsequent processing or storage periods. Any dust present during the handling and processing of cotton through the weaving or knitting of fabrics, and dust present in other operations or manufacturing processes using raw or waste cotton fibers or cotton fiber by-products from textile mills are considered cotton dust within this definition. Lubricating oil mist associated with weaving operations is not considered cotton dust.

(d) (("Director" -))Director. The director of labor and industries or ((his))their authorized representative.

(e) (("Equivalent instrument" -))Equivalent instrument. A cotton dust sampling device that meets the vertical elutriator equivalency requirements as described in subsection (4)(a)(iii) of this section.

(f) (("Lint-free respirable cotton dust" -))Lint-free respirable cotton dust. Particles of cotton dust of approximately 15 microns or less aerodynamic equivalent diameter.

(g) (("Vertical elutriator cotton dust sampler" or "vertical elutriator" -))Vertical elutriator cotton dust sampler or vertical elutriator. A dust sampler which has a particle size cut-off at approximately 15 microns aerodynamic equivalent diameter when operating at the flow rate of 7.4 ± 0.2 liters per minute.

(h) (("Waste processing" -))Waste processing. Waste recycling (sorting, blending, cleaning and willowing) and garnetting.

(i) (("Yarn manufacturing" -))Yarn manufacturing. All textile mill operations from opening to, but not including, slashing and weaving.

(3) Permissible exposure limits and action levels.

(a) Permissible exposure limits (PEL).

(i) The employer ((shall assure))must ensure that no employee who is exposed to cotton dust in yarn manufacturing and cotton washing operations is exposed to airborne concentrations of lint-free respirable cotton dust greater than 200 µg/m3 mean concentration, averaged over an eight-hour period, as measured by a vertical elutriator or an equivalent instrument.

(ii) The employer ((shall assure))must ensure than no employee who is exposed to cotton dust in textile mill waste house operations or is exposed in yarn manufacturing to dust from "lower grade washed cotton" as defined in subsection (14)(e) of this section is exposed to airborne concentrations of lint-free respirable cotton dust greater than 500 µg/m3 mean concentration, averaged over an eight-hour period, as measured by a vertical elutriator or an equivalent instrument.

(iii) The employer ((shall assure))must ensure that no employee who is exposed to cotton dust in the textile processes known as slashing and weaving is exposed to airborne concentrations of lint-free respirable cotton dust greater than 750 µg/m3 mean concentration, averaged over an eight-hour period, as measured by a vertical elutriator or an equivalent instrument.

(b) Action levels.

(i) The action level for yarn manufacturing and cotton washing operations is an airborne concentration of lint-free respirable cotton dust of 100 µg/m3 mean concentration, averaged over an eight-hour period, as measured by a vertical elutriator or an equivalent instrument.

(ii) The action level for waste houses for textile operations is an airborne concentration of lint-free respirable cotton dust of 250 µg/m3 mean concentration, averaged over an eight-hour period, as measured by a vertical elutriator or an equivalent instrument.

(iii) The action level for the textile processes known as slashing and weaving is an airborne concentration of lint-free respirable cotton dust of 375 µg/m3 mean concentration, averaged over an eight-hour period, as measured by a vertical elutriator or an equivalent instrument.

(4) Exposure monitoring and measurement.

(a) General.

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

(ii) The sampling device to be used ((shall))must be either the vertical elutriator cotton dust sampler or an equivalent instrument.

(iii) If an alternative to the vertical elutriator cotton dust sampler is used, the employer ((shall))must establish equivalency by demonstrating that the alternative sampling devices:

(A) It collects respirable particulates in the same range as the vertical elutriator (approximately 15 microns);

(B) Replicate exposure data used to establish equivalency are collected in side-by-side field and laboratory comparisons; and

(C) A minimum of 100 samples over the range of 0.5 to 2 times the permissible exposure limit are collected, and ninety percent of these samples have an accuracy range of plus or minus twenty-five percent of the vertical elutriator reading with a ninety-five percent confidence level as demonstrated by a statistically valid protocol. (An acceptable protocol for demonstrating equivalency is described in Appendix E of this section.)

(iv) WISHA will issue a written opinion stating that an instrument is equivalent to a vertical elutriator cotton dust sampler if:

(A) A manufacturer or employer requests an opinion in writing and supplies the following information:

(I) Sufficient test data to demonstrate that the instrument meets the requirements specified in this paragraph and the protocol specified in Appendix E of this section;

(II) Any other relevant information about the instrument and its testing requested by WISHA; and

(III) A certification by the manufacturer or employer that the information supplied is accurate; and

(B) If WISHA finds, based on information submitted about the instrument, that the instrument meets the requirements for equivalency specified by this subsection.

(b) Initial monitoring. Each employer who has a place of employment within the scope of subsection((s)) (1)(a), (d) or (e) of this section ((shall))must conduct monitoring by obtaining measurements which are representative of the exposure of all employees to airborne concentrations of lint-free respirable cotton dust over an eight-hour period. The sampling program ((shall))must include at least one determination during each shift for each work area.

(i) If the initial monitoring required by (4)(b) of this section or any subsequent monitoring reveals employee exposure to be at or below the permissible exposure limit, the employer shall repeat the monitoring for those employees at least annually.

(ii) If the initial monitoring required by (4)(b) of this section or any subsequent monitoring reveals employee exposure to be above the PEL, the employer ((shall))must repeat the monitoring for those employees at least every six months.

(iii) Whenever there has been a production, process, or control change which may result in new or additional exposure to cotton dust, or whenever the employer has any other reason to suspect an increase in employee exposure, the employer ((shall))must repeat the monitoring and measurements for those employees affected by the change or increase.

(d) Employee notification.

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

(ii) Whenever the results indicate that the employee's exposure exceeds the applicable permissible exposure limit specified in subsection (3) of this section, the employer ((shall))must include in the written notice a statement that the permissible exposure limit was exceeded and a description of the corrective action taken to reduce exposure below the permissible exposure limit.

(5) Methods of compliance.

(a) Engineering and work practice controls. The employer ((shall))must institute engineering and work practice controls to reduce and maintain employee exposure to cotton dust at or below the permissible exposure limit specified in subsection (3) of this section, except to the extent that the employer can establish that such controls are not feasible.

(b) Whenever feasible engineering and work practice controls are not sufficient to reduce employee exposure to or below the permissible exposure limit, the employer ((shall))must nonetheless institute these controls to immediately reduce exposure to the lowest feasible level, and ((shall))must supplement these controls with the use of respirators which ((shall))must comply with the provisions of subsection (6) of this section.

(i) Where the most recent exposure monitoring data indicates that any employee is exposed to cotton dust levels greater than the permissible exposure limit, the employer ((shall))must establish and implement a written program sufficient to reduce exposures to or below the permissible exposure limit solely by means of engineering controls and work practices as required by (a) of this subsection.

(ii) The written program ((shall))must include at least the following:

(A) A description of each operation or process resulting in employee exposure to cotton dust;

(B) Engineering plans and other studies used to determine the controls for each process;

(D) Monitoring data obtained in accordance with subsection (4) of this section;

(E) A detailed schedule for development and implementation of engineering and work practice controls, including exposure levels projected to be achieved by such controls;

(F) Work practice program; and

(G) Other relevant information.

(iii) The employer's schedule as set forth in the compliance program, ((shall))must project completion of the implementation of the compliance program no later than March 27, 1984 or as soon as possible if monitoring after March 27, 1984 reveals exposures over the PEL, except as provided in subsection (13)(b)(ii)(B) of this section.

(iv) The employer ((shall))must complete the steps set forth in his program by the dates in the schedule.

(v) Written programs ((shall))must be submitted, upon request, to the director, and ((shall))must be available at the worksite for examination and copying by the director, and any affected employee or their designated representatives.

(vi) The written programs required under subsection (5)(c) of this section ((shall))must be revised and updated at least every six months to reflect the current status of the program and current exposure levels.

(d) Mechanical ventilation. When mechanical ventilation is used to control exposure, measurements which demonstrate the effectiveness of the system to control exposure, such as capture velocity, duct velocity, or static pressure ((shall))must be made at reasonable intervals.

(6) Use of respirators.

(a) General. For employees who are required to use respirators by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this section. Respirators must be used during:

(i) Periods necessary to install or implement feasible engineering controls 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 limits;

(iv) Work operations specified under subsection (7)(a) of this section;

(v) Periods for which an employee requests a respirator.

(b) Respirator program.

(ii) Whenever a physician determines that an employee who works in an area in which the cotton-dust concentration exceeds the PEL is unable to use a respirator, including a powered air-purifying respirator, the employee must be given the opportunity to transfer to an available position, or to a position that becomes available later, that has a cotton-dust concentration at or below the PEL. The employer must ensure that such employees retain their current wage rate or other benefits as a result of the transfer.

(i) Select and provide to employees the appropriate respirators by following requirements in this section and WAC 296-842-13005, found in the respirator rule.

(ii) Provide employees with a powered air-purifying respirator (PAPR) when the employee chooses to use a PAPR instead of a negative-pressure air-purifying respirator, and the PAPR will provide adequate protection.

(iii) Limit the use of filtering facepiece respirators for protection against cotton dust to concentrations less than or equal to five times (5x) the PEL.

(iv) Provide high-efficiency particulate air (HEPA) filters or N-, R-, or P-100 series filters for powered air-purifying respirators (PAPRs) and negative-pressure air-purifying respirators when used in cotton dust concentrations greater than ten times (10x) the PEL.

(7) Work practices. Each employer ((shall))must, regardless of the level of employee exposure, immediately establish and implement a written program of work practices which ((shall))must minimize cotton dust exposure. The following ((shall))must be included where applicable:

(a) Compressed air "blow down" cleaning shall be prohibited, where alternative means are feasible. Where compressed air is used for cleaning, the employees performing the "blow down" or "blow off" ((shall))must wear suitable respirators. Employees whose presence is not required to perform "blow down" or "blow off" ((shall be required to))must leave the area affected by the "blow down" or "blow off" during this cleaning operation.

(b) Cleaning of clothing or floors with compressed air ((shall))must be prohibited.

(d) In areas where employees are exposed to concentrations of cotton dust greater than the permissible exposure limit, cotton and cotton waste ((shall))must be stacked, sorted, baled, dumped, removed or otherwise handled by mechanical means, except where the employer can show that it is infeasible to do so. Where infeasible, the method used for handling cotton and cotton waste ((shall))must be the method which reduces exposure to the lowest level feasible.

(8) Medical surveillance.

(a) General.

(i) Each employer covered by the standard ((shall))must institute a program of medical surveillance for all employees exposed to cotton dust.

(ii) The employer ((shall assure))must ensure that all medical examinations and procedures are performed by or under the supervision of a licensed physician and are provided without cost to the employee.

(iii) Persons other than licensed physicians, who administer the pulmonary function testing required by this section ((shall))must have completed a NIOSH approved training course in spirometry.

(b) Initial examinations. The employer ((shall))must provide medical surveillance to each employee who is or may be exposed to cotton dust. For new employees' this examination ((shall))must be provided prior to initial assignment. The medical surveillance ((shall))must include at least the following:

(i) A medical history;

(ii) The standardized questionnaire contained in WAC 296-62-14537; and

(iii) A pulmonary function measurement, including a determination of forced vital capacity (FVC) and forced expiratory volume in one second (FEV1), the FEV1/FVC ratio, and the percentage that the measured values of FEV1 and FVC differ from the predicted values, using the standard tables in WAC 296-62-14539. These determinations ((shall))must be made for each employee before the employee enters the workplace on the first day of the work week, preceded by at least thirty-five hours of no exposure to cotton dust. The tests ((shall))must be repeated during the shift, no less than four hours and no more than ten hours after the beginning of the work shift; and, in any event, no more than one hour after cessation of exposure. Such exposure ((shall))must be typical of the employee's usual workplace exposure. The predicted FEV1 and FVC for blacks ((shall))must be multiplied by 0.85 to adjust for ethnic differences.

(iv) Based upon the questionnaire results, each employee ((shall))must be graded according to Schilling's byssinosis classification system.

(i) The employer ((shall))must provide at least annual medical surveillance for all employees exposed to cotton dust above the action level in yarn manufacturing, slashing and weaving, cotton washing and waste house operations. The employer ((shall))must provide medical surveillance at least every two years for all employees exposed to cotton dust at or below the action level, for all employees exposed to cotton dust from washed cotton (except from washed cotton defined in subsection (9)(c) of this section), and for all employees exposed to cotton dust in cottonseed processing and waste processing operations. Periodic medical surveillance ((shall))must include at least an update of the medical history, standardized questionnaire (Appendix B-111), Schilling byssinosis grade, and the pulmonary function measurements in (b)(iii) of this subsection.

(ii) Medical surveillance as required in (c)(i) of this subsection ((shall))must be provided every six months for all employees in the following categories:

(A) An FEV1 of greater than eighty percent of the predicted value, but with an FEV1 decrement of five percent or 200 ml. on a first working day;

(B) An FEV1 of less than eighty percent of the predicted value; or

(C) Where, in the opinion of the physician, any significant change in questionnaire findings, pulmonary function results, or other diagnostic tests have occurred.

(iii) An employee whose FEV1 is less than sixty percent of the predicted value ((shall))must be referred to a physician for a detailed pulmonary examination.

(iv) A comparison ((shall))must be made between the current examination results and those of previous examinations and a determination made by the physician as to whether there has been a significant change.

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

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

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

(e) Physician's written opinion.

(i) The employer ((shall))must obtain and furnish the employee with a copy of a written opinion from the examining physician containing the following:

(A) The results of the medical examination and tests including the FEV1, FVC, and FEV1/FVC ratio;

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

(C) The physician's recommended limitations upon the employee's exposure to cotton dust or upon the employee's use of respirators including a determination of whether an employee can wear a negative pressure respirator, and where the employee cannot, a determination of the employee's ability to wear a powered air purifying respirator; 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 written opinion obtained by the employer ((shall))must not reveal specific findings or diagnoses unrelated to occupational exposure.

(9) Employee education and training.

(a) Training program.

(i) The employer ((shall))must train each employee exposed to cotton dust in accordance with the requirements of this section and ((shall assure))must ensure that each employee is informed of the following:

(A) The acute and long term health hazards associated with exposure to cotton dust;

(B) The names and descriptions of jobs and processes which could result in exposure to cotton dust at or above the PEL;

(C) The measures, including work practices required by subsection (7) of this section, necessary to protect the employee from exposures in excess of the permissible exposure limit;

(D) The purpose, proper use, limitations, and other training requirements for respiratory protection as required by subsection (6) of this section and chapter 296-842 WAC (see WAC 296-842-11005, 296-842-16005 and 296-842-19005);

(E) The purpose for and a description of the medical surveillance program required by subsection (8) of this section and other information which will aid exposed employees in understanding the hazards of cotton dust exposure; and

(F) The contents of this standard and its appendices.

(ii) The training program ((shall))must be provided prior to initial assignment and ((shall))must be repeated annually for each employee exposed to cotton dust, when job assignments or work processes change and when employee performance indicates a need for retraining.

(b) Access to training materials.

(i) Each employer ((shall))must post a copy of this section with its appendices in a public location at the workplace, and ((shall))must, upon request, make copies available to employees.

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

(10) Signs.

(((a))) The employer ((shall))must post the following warning sign in each work area where the permissible exposure limit for cotton dust is exceeded:

DANGER

COTTON DUST

CAUSES DAMAGE TO LUNGS

(BYSSINOSIS)

WEAR RESPIRATORY PROTECTION IN THIS AREA

(((b) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in (a) of this subsection:

WARNING

COTTON DUST WORK AREA

MAY CAUSE ACUTE OR DELAYED LUNG INJURY

(BYSSINOSIS)

RESPIRATORS REQUIRED IN THIS AREA))

(11) Recordkeeping.

(a) Exposure measurements.

(i) The employer ((shall))must establish and maintain an accurate record of all measurements required by subsection (4) of this section.

(ii) The record ((shall))must include:

(A) A log containing the items listed in WAC 296-62-14535 (4)(a), and 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) The type of protective devices worn, if any, and length of time worn; and

(C) The names, Social Security number, job classifications, and exposure levels of employees whose exposure the measurement is intended to represent.

(iii) The employer ((shall))must maintain this record for at least twenty years.

(b) Medical surveillance.

(i) The employer ((shall))must establish and maintain an accurate medical record for each employee subject to medical surveillance required by subsection (8) of this section.

(ii) The record ((shall))must include:

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

(B) A copy of the medical examination results including the medical history, questionnaire response, results of all tests, and the physician's recommendation;

(D) Any employee medical complaints related to exposure to cotton dust;

(E) A copy of this standard and its appendices, except that the employer may keep one copy of the standard and the appendices for all employees, provided that he references the standard and appendices in the medical surveillance record of each employee; and

(F) A copy of the information provided to the physician as required by subsection (8)(d) of this section.

(iii) The employer ((shall))must maintain this record for at least twenty years.

(i) The employer ((shall))must make all records required to be maintained by subsection (11) of this section available to the director for examination and copying.

(ii) Employee exposure measurement records and employee medical records required by this subsection ((shall))must be provided upon request to employees, designated representatives, and the assistant director in accordance with chapter 296-802 WAC.

(d) Transfer of records.

(i) Whenever the employer ceases to do business, the successor employer ((shall))must receive and retain all records required to be maintained by subsection (11) of this section.

(ii) The employer ((shall))must also comply with any additional requirements involving transfer of records set forth in WAC 296-802-60005.

(12) Observation of monitoring.

(a) The employer ((shall))must provide affected employees or their designated representatives an opportunity to observe any measuring or monitoring of employee exposure to cotton dust conducted pursuant to subsection (4) of this section.

(b) Whenever observation of the measuring or monitoring of employee exposure to cotton dust requires entry into an area where the use of personal protective equipment is required, the employer ((shall))must provide the observer with and assure the use of such equipment and ((shall))must require the observer to comply with all other applicable safety and health procedures.

(i) An explanation of the measurement procedures;

(ii) An opportunity to observe all steps related to the measurement of airborne concentrations of cotton dust performed at the place of exposure; and

(iii) An opportunity to record the results obtained.

(13) Washed cotton.

(a) Exemptions. Cotton, after it has been washed by the processes described in this section is exempt from all or parts of this section as specified if the requirements of this section are met.

(b) Initial requirements.

(i) In order for an employer to qualify as exempt or partially exempt from this standard for operations using washed cotton, the employer must demonstrate that the cotton was washed in a facility which is open to inspection by the director and the employer must provide sufficient accurate documentary evidence to demonstrate that the washing methods utilized meet the requirements of this section.

(ii) An employer who handles or processes cotton which has been washed in a facility not under the employer's control and claims an exemption or partial exemption under this paragraph, must obtain from the cotton washer and make available at the worksite, to the director, or ((his))their designated representative, to any affected employee, or to their designated representative the following:

(A) A certification by the washer of the cotton of the grade of cotton, the type of washing process, and that the batch meets the requirements of this section:

(B) Sufficient accurate documentation by the washer of the cotton grades and washing process; and

(C) An authorization by the washer that the director may inspect the washer's washing facilities and documentation of the process.

(c) Medical and dyed cotton. Medical grade (USP) cotton, cotton that has been scoured, bleached and dyed, and mercerized yarn ((shall))must be exempt from all provisions of this standard.

(d) Higher grade washed cotton. The handling or processing of cotton classed as "low middling light spotted or better" (color grade 52 or better and leaf grade code 5 or better according to the 1993 USDA classification system) ((shall))must be exempt from all provisions of the standard except requirements of subsection (8) of this section, medical surveillance; subsection (11)(b) through (d) of this section, recordkeeping-medical records, and Appendices B, C, and D of this section, if they have been washed on one of the following systems:

(i) On a continuous batt system or a rayon rinse system including the following conditions:

(A) With water;

(B) At a temperature of no less than 60°C;

(D) With the bacterial levels in the wash water controlled to limit bacterial contamination of the cotton.

(ii) On a batch kier washing system including the following conditions:

(A) With water;

(B) With cotton fiber mechanically opened and thoroughly prewetted before forming the cake;

(C) For low-temperature processing, at a temperature of no less than 60°C with a water-to-fiber ratio of no less than 40:1; or, for high-temperature processing, at a temperature of no less than 93°C with a water-to-fiber ratio of no less than 15:1;

(D) With a minimum of one wash cycle followed by two rinse cycles for each batch, using fresh water in each cycle; and

(E) With bacterial levels in the wash water controlled to limit bacterial contamination of the cotton.

(e) Lower grade washed cotton. The handling and processing of cotton of grades lower than "low middling light spotted," that has been washed as specified in (d) of this subsection and has also been bleached, ((shall))must be exempt from all provisions of the standard except the requirements of subsection (3)(a) of this section, Permissible exposure limits, subsection (4) of this section, Exposure monitoring and measurement, subsection (8) of this section, Medical surveillance, subsection (11) of this section, Recordkeeping, and Appendices B, C and D of this section.

(f) Mixed grades of washed cotton. If more than one grade of washed cotton is being handled or processed together, the requirements of the grade with the most stringent exposure limit, medical and monitoring requirements ((shall))must be followed.

(14) Appendices.

(a) Appendix B (B-I, B-II and B-III), WAC 296-62-14537, Appendix C, WAC 296-62-14539 and Appendix D, WAC 296-62-14541 are incorporated as part of this chapter and the contents of these appendices are mandatory.

(b) Appendix A of this chapter, WAC 296-62-14535 contains information which is not intended to create any additional obligations not otherwise imposed or to detract from any existing obligations.

(c) Appendix E of this chapter is a protocol which may be followed in the validation of alternative measuring devices as equivalent to the vertical elutriator cotton dust sampler. Other protocols may be used if it is demonstrated that they are statistically valid, meet the requirements in subsection (4)(a)(iii) of this section, and are appropriate for demonstrating equivalency.

AMENDATORY SECTION(Amending WSR 80-17-014, filed 11/13/80)

WAC 296-62-14535Appendix A—Air sampling and analytical procedures for determining concentrations of cotton dust.

(1) Sampling locations. The sampling procedures must be designed so that samples of the actual dust concentrations are collected accurately and consistently and reflect the concentrations of dust at the place and time of sampling. Sufficient number of six-hour area samples in each distinct work area of the plant should be collected at locations which provide representative samples of air to which the worker is exposed. In order to avoid filter overloading, sampling time may be shortened when sampling in dusty areas. Samples in each work area should be gathered simultaneously or sequentially during a normal operating period. The daily time-weighted average (TWA) exposure of each worker can then be determined by using the following formula:

Summation of hours spent in each location

and the dust concentration in that location.

Total hours exposed

A time-weighted average concentration should be computed for each worker and properly logged and maintained on file for review.

(2) Sampling equipment.

(a) Sampler. The instrument selected for monitoring is the Lumsden-Lynch vertical elutriator. It should operate at a flow rate of 7.4 ± 0.2 liters/minute. The samplers should be cleaned prior to sampling. The pumps should be monitored during sampling.

(b) Filter holder. A three-piece cassette constructed of polystyrene designed to hold a 37-mm diameter filter should be used. Care must be exercised to insure that an adequate seal exists between elements of the cassette.

(c) Filters and support pads. The membrane filters used should be polyvinyl chloride with a 5-um pore size and 37-mm diameter. A support pad, commonly called a backup pad, should be used under the filter membrane in the field monitor cassette.

(d) Balance. A balance sensitive to 10 micrograms should be used.

(3) Instrument calibration procedure. Samplers ((shall))must be calibrated when first received from the factory, after repair, and after receiving any abuse. The samplers should be calibrated in the laboratory both before they are used in the field and after they have been used to collect a large number of field samples. The primary standard, such as a spirometer or other standard calibrating instruments such as a wet test meter or a large bubble meter or dry gas meter, should be used. Instructions for calibration with the wet test meter follow. If another calibration device is selected, equivalent procedures should be used:

(a) Level wet test meter. Check the water level which should just touch the calibration point at the left side of the meter. If water level is low, add water 1-2°F. warmer than room temperature of till point. Run the meter for thirty minutes before calibration;

(b) Place the polyvinyl chloride membrane filter in the filter cassette;

(d) Connect the wet test meter to the train.

The pointer on the meter should run clockwise and a pressure drop of not more than 1.0 inch of water indicated. If the pressure drop is greater than 1.0, disconnect and check the system;

(e) Operate the system for ten minutes before starting the calibration;

(f) Check the vacuum gauge on the pump to insure that the pressure drop across the orifice exceeds seventeen inches of mercury;

(g) Record the following on calibration data sheets:

(i) Wet test meter reading, start and finish;

(ii) Elapsed time, start and finish (at least two minutes);

(iii) Pressure drop at manometer;

(iv) Air temperature;

(v) Barometric pressure; and

(vi) Limiting orifice number.

(h) Calculate the flow rate and compare against the flow of 7.4 ± 0.2 liters/minute. If flow is between these limits, perform calibration again, average results, and record orifice number and flow rate. If flow is not within these limits, discard or modify orifice and repeat procedure;

(i) Record the name of the person performing the calibration, the date, serial number of the wet test meter, and the number of the critical orifices being calibrated.

(4) Sampling procedure.

(a) Sampling data sheets should include a log of:

(i) The date of the sample collection;

(ii) The time of sampling;

(iii) The location of the sampler;

(iv) The sampler serial number;

(v) The cassette number;

(vi) The time of starting and stopping the sampling and the duration of sampling;

(vii) The weight of the filter before and after sampling;

(viii) The weight of dust collected (corrected for controls);

(ix) The dust concentration measured;

(x) Other pertinent information; and

(xi) Name of person taking sample.

(b) Assembly of filter cassette should be as follows:

(i) Loosely assemble three-piece cassette;

(ii) Number cassette;

(iii) Place absorbent pad in cassette;

(iv) Weigh filter to an accuracy of 10 µg;

(v) Place filter in cassette;

(vi) Record weight of filter in log, using cassette number for identification;

(vii) Fully assemble cassette, using pressure to force parts tightly together;

(viii) Install plugs top and bottom;

(ix) Put shrink band on cassette, covering joint between center and bottom parts of cassette; and

(x) Set cassette aside until shrink band dries thoroughly.

(i) Clean lint out of the motor and elutriator;

(ii) Install vertical elutriator in sampling locations specified above with inlet 4-1/2 to 5-1/2 feet from floor (breathing zone height);

(iii) Remove top section of cassette;

(iv) Install cassette in ferrule of elutriator;

(v) Tape cassette to ferrule with masking tape or similar material for air-tight seal;

(vi) Remove bottom plug of cassette and attach hose containing critical orifice;

(vii) Start elutriator pump and check to see if gauge reads above 17 in. of Hg vacuum;

(viii) Record starting time, cassette number, and sampler number;

(ix) At end of sampling period stop pump and record time; and

(x) Controls with each batch of samples collected, two additional filter cassettes should be subjected to exactly the same handling as the samples, except that they are not opened. These control filters should be weighed in the same manner as the sample filters.

Any difference in weight in the control filters would indicate that the procedure for handling sample filters may not be adequate and should be evaluated to ascertain the cause of the difference, whether and what necessary corrections must be made, and whether additional samples must be collected.

(d) Shipping. The cassette with samples should be collected, along with the appropriate number of blanks, and shipped to the analytical laboratory in a suitable container to prevent damage in transit.

(e) Weighing of the sample should be achieved as follows:

(i) Remove shrink band;

(ii) Remove top and middle sections of cassette and bottom plug;

(iii) Remove filter from cassette and weigh to an accuracy of 10 µg; and

(iv) Record weight in log against original weight.

(f) Calculation of volume of air sampled should be determined as follows:

(i) From starting and stopping times of sampling period, determine length of time in minutes of sampling period; and

(ii) Multiply sampling time in minutes by flow rate of critical orifice in liters per minute and divide by 1000 to find air quantity in cubic meters.

(g) Calculation of dust concentrations should be made as follows:

(i) Subtract weight of clean filter from dirty filter and apply control correction to find actual weight of sample. Record this weight (in µg) in log; and

(ii) Divide mass of sample in µg by air volume in cubic meters to find dust concentration in µg/m. Record in log.

AMENDATORY SECTION(Amending WSR 88-14-108, filed 7/6/88)

WAC 296-62-14541Appendix D—Pulmonary function standards for cotton dust standard.

The spirometric measurements of pulmonary function ((shall))must conform to the following minimum standards, and these standards are not intended to preclude additional testing or alternate methods which can be determined to be superior.

(1) Apparatus.

(a) The instrument ((shall))must be accurate to within ± 50 milliliters or within ± 3 percent of reading, whichever is greater.

(b) The instrument should be capable of measuring vital capacity from 0 to 7 liters BTPS.

(c) The instrument ((shall))must have a low inertia and offer low resistance to airflow such that the resistance to airflow at 12 liters per second must be less than 1.5 cm. H2O/liter/sec.

(d) The zero time point for the purpose of timing the FEV1((shall))must be determined by extrapolating the steepest portion of the volume time curve back to the maximal inspiration volume (1, 2, 3, 4) or by an equivalent method.

(e) Instruments incorporating measurements of airflow to determine volume ((shall))must conform to the same volume accuracy stated in (a) of this subsection when presented with flow rates from at least 0 to 12 liters per second.

(f) The instrument or user of the instrument must have means of correcting volumes to a body temperature saturated with water vapor (BTPS) under conditions of varying ambient spirometer temperatures and barometric pressures.

(g) The instrument used ((shall))must provide a tracing or display of either flow versus volume or volume versus time during the entire forced expiration. A tracing or display is necessary to determine whether the patient has performed the test properly. The tracing must be stored and available for recall and must be of sufficient size that hand measurements may be made within requirement of (a) of this subsection. If a paper record is made it must have a paper speed of at least 2 cm/sec and a volume sensitivity of at least 10.0 mm of chart per liter of volume.

(h) The instrument ((shall))must be capable of accumulating volume for a minimum of ten seconds and ((shall))must not stop accumulating volume before (i) the volume change for a 0.5 second interval is less than 25 milliliters or (ii) the flow is less than 50 milliliters per second for a 0.5 second interval.

(i) The forced vital capacity (FVC) and forced expiratory volume in l second FEV1.0 measurements ((shall))must comply with the accuracy requirements stated in (a) of this subsection. That is, they should be accurately measured to within ± 50 ml or within ± 3 percent of reading, whichever is greater.

(j) The instrument must be capable of being calibrated in the field with respect to the FEV1 and FVC. This calibration of the FEV1 and FVC may be either directly or indirectly through volume and time base measurements. The volume calibration source should provide a volume displacement of at least 2 liters and should be accurate to within ± 30 milliliters.

(2) Technique for measurement of forced vital capacity maneuver.

(a) Use of a nose clip is recommended but not required. The procedures ((shall))must be explained in simple terms to the patient who ((shall))must be instructed to loosen any tight clothing and stand in front of the apparatus. The subject may sit, but care should be taken on repeat testing that same position be used and, if possible, the same spirometer. Particular attention ((shall))must be given to insure that the chin is slightly elevated with the neck slightly extended. The patient ((shall))must be instructed to make a full inspiration from a normal breathing pattern and then blow into the apparatus, without interruption, as hard, fast, and completely as possible. At least three forced expirations ((shall))must be carried out. During the maneuvers, the patient ((shall))must be observed for compliance with instructions. The expirations ((shall))must be checked visually for reproducibility from flow-volume or volume-time tracings or displays. The following efforts ((shall))must be judged unacceptable when the patient:

(i) Has not reached full inspiration preceding the forced expiration,

(ii) Has not used maximal effort during the entire forced expiration,

(iii) Has not continued the expiration for at least 5 seconds or until an obvious plateau in the volume time curve has occurred,

(iv) Has coughed or closed his glottis,

(v) Has an obstructed mouthpiece or a leak around the mouthpiece (obstruction due to tongue being placed in front of mouthpiece, false teeth falling in front of mouthpiece, etc.),

(vi) Has an unsatisfactory start of expiration, one characterized by excessive hesitation (or false starts), and therefore not allowing back extrapolation of time 0 (extrapolated volume on the volume time tracing must be less than 10 percent of the FVC),

(vii) Has an excessive variability between the three acceptable curves. The variation between the two largest FVC's and FEV1's of the three satisfactory tracings should not exceed ten percent or ± 100 milliliters, whichever is greater.

(b) Periodic and routine recalibration of the instrument or method for recording FVC and FEV1.0 should be performed using a syringe or other volume source of at least 2 liters.

(3) Interpretation of spirogram.

(a) The first step in evaluating a spirogram should be to determine whether or not the patient has performed the test properly or as described in subsection (2) of this section. From the three satisfactory tracings, the forced vital capacity (FVC) and forced expiratory volume in one second (FEV1.0) ((shall))must be measured and recorded. The largest observed FVC and largest observed FEV1.0((shall))must be used in the analysis regardless of the curve(s) on which they occur.

(b) The following guidelines are recommended by NIOSH for the evaluation and management of workers exposed to cotton dust. It is important to note that employees who show reductions in FEV1/FVC ratio below .75 or drops in Monday FEV1 of five percent or greater on their initial screening exam, should be reevaluated within a month of the first exam. Those who show consistent decrease in lung function, as shown on the following table, should be managed as recommended.

(4) Qualifications of personnel administering the test.

Technicians who perform pulmonary function testing should have the basic knowledge required to produce meaningful results. Training consisting of approximately sixteen hours of formal instruction should cover the following areas.

(a) Basic physiology of the forced vital capacity maneuver and the determinants of airflow limitation with emphasis on the relation to reproducibility of results.

(b) Instrumentation requirements including calibration procedures, sources of error and their correction.

(c) Performance of the testing including subject coaching, recognition of improperly performed maneuvers and corrective actions.

(d) Data quality with emphasis on reproducibility.

(e) Actual use of the equipment under supervised conditions.

(f) Measurement of tracings and calculations of results.

AMENDATORY SECTION(Amending Order 77-14, filed 7/25/77)

WAC 296-62-20001Definitions.

For the purpose of this section:

(((1) "))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 and measuring procedures under WAC 296-62-20025.

(((2) "))Beehive oven.((")) A coke oven in which the products of carbonization other than coke are not recovered, but are released into the ambient air.

(((3) "))Coke oven.((")) A retort in which coke is produced by the destructive distillation or carbonization of coal.

(((4) "))Coke oven battery.((")) A structure containing a number of slot-type coke ovens.

(((5) "))Coke oven emissions.((")) The benzenesoluble fraction of total particulate matter present during the destructive distillation or carbonization of coal for the production of coke.

(((6) "))Director.((")) The director of the department of labor and industries or ((his or her))their authorized representative.

(((7) "))Emergency.((")) Any occurrence such as, but not limited to, equipment failure which is likely to, or does, result in any massive release of coke oven emissions.

(((8) "))Existing coke oven battery.((")) A battery in operation or under construction on January 20, 1977, and which is not rehabilitated.

(((9) "))Green push. Coke which when removed from the oven results in emissions due to the presence of unvolatized coal.

Pipeline charging. Any apparatus used to introduce coal into an oven which uses a pipe or duct permanently mounted onto an oven and through which coal is charged.

Rehabilitated coke oven battery.((")) A battery which is rebuilt, overhauled, renovated, or restored such as from the pad up, after January 20, 1977.

(((10) "))Sequential charging. A procedure, usually automatically timed, by which a predetermined volume of coal in each larry car hopper is introduced into an oven such that no more than two hoppers commence or finish discharging simultaneously although, at some point, all hoppers are discharging simultaneously.

Stage charging.((")) A procedure by which a predetermined volume of coal in each larry car hopper is introduced into an oven such that no more than two hoppers are discharging simultaneously.

(((11) "Sequential charging." A procedure, usually automatically timed, by which a predetermined volume of coal in each larry car hopper is introduced into an oven such that no more than two hoppers commence or finish discharging simultaneously although, at some point, all hoppers are discharging simultaneously.

(12) "Pipeline charging." Any apparatus used to introduce coal into an oven which uses a pipe or duct permanently mounted onto an oven and through which coal is charged.

(13) "Green push." Coke which when removed from the oven results in emissions due to the presence of unvolatized coal.))

AMENDATORY SECTION(Amending Order 77-14, filed 7/25/77)

WAC 296-62-20003Permissible exposure limit.

The employer ((shall assure))must ensure that no employee is exposed to coke oven emissions at concentrations greater than 150 micrograms per cubic meter of air (150 ug/m3), averaged over any 8-hour period.

AMENDATORY SECTION(Amending Order 77-14, filed 7/25/77)

WAC 296-62-20005Regulated areas.

(1) The employer ((shall))must establish regulated areas and ((shall))must limit access to them to authorized persons.

(2) The employer ((shall))must establish the following as regulated areas:

(a) The coke oven battery including topside and its machinery, pushside and its machinery, coke side and its machinery, and the battery ends; the wharf; and the screening station;

(b) The beehive oven and its machinery.

AMENDATORY SECTION(Amending Order 77-14, filed 7/25/77)

WAC 296-62-20007Exposure monitoring and measurement.

(1) Monitoring program.

(a) Each employer who has a place of employment where coke oven emissions are present ((shall))must monitor employees employed in the regulated area to measure their exposure to coke oven emissions.

(b) The employer ((shall))must obtain measurements which are representative of each employee's exposure to coke oven emissions over an eight-hour period. All measurements ((shall))must determine exposure without regard to the use of respiratory protection.

(c) The employer ((shall))must collect full-shift (for at least seven continuous hours) personal samples, including at least one sample during each shift for each battery and each job classification within the regulated areas including at least the following job classifications:

(i) Lidman;

(ii) Tar chaser;

(iii) Larry car operator;

(iv) Luterman;

(v) Machine operator, coke side;

(vi) Benchman, coke side;

(vii) Benchman, pusher side;

(viii) Heater;

(ix) Quenching car operator;

(x) Pusher machine operator;

(xi) Screening station operator;

(xii) Wharfman;

(xiii) Oven patcher;

(xiv) Oven repairman;

(xv) Spellman; and

(xvi) Maintenance personnel.

(d) The employer ((shall))must repeat the monitoring and measurements required by subsection (1) of this section at least every three months.

(2) Redetermination. Whenever there has been a production, process, or control change which may result in new or additional exposure to coke oven emissions, or whenever the employer has any other reason to suspect an increase in employee exposure, the employer ((shall))must repeat the monitoring and measurements required by subsection (1) of this section for those employees affected by such change or increase.

(3) Employee notification.

(a) The employer ((shall))must notify each employee in writing of the exposure measurements which represent that employee's exposure within five working days after the receipt of the results of measurements required by subsection (1) and (2) of this section.

(b) Whenever such results indicate that the representative employee exposure exceeds the permissible exposure limit, the employer ((shall))must, in such notification, inform each employee of that fact and of the corrective action being taken to reduce exposure to or below the permissible exposure limit.

(4) Accuracy of measurement. The employer ((shall))must use a method of monitoring and measurement which has an accuracy (with a confidence level of 95%) of not less than plus or minus 35% for concentrations of coke oven emissions greater than or equal to 150 Ug/m3.

AMENDATORY SECTION(Amending WSR 88-23-054, filed 11/14/88)

WAC 296-62-20009Methods of compliance.

The employer ((shall))must control employee exposure to coke oven emissions by the use of engineer controls, work practices and respiratory protection as follows:

(1) Priority of compliance methods.

(a) Existing coke oven batteries.

(i) The employer ((shall))must institute the engineer and work practice controls listed in subsections (2), (3) and (4) of this section in existing coke oven batteries at the earliest possible time, but not later than January 20, 1980, except to the extent that the employer can establish that such controls are not feasible. In determining the earliest possible time for institution of engineer and work practice controls, the requirement, effective August 27, 1971, to implement feasible administrative or engineer controls to reduce exposures to coal tar pitch volatiles, ((shall))must be considered. Wherever the engineer and work practice controls which can be instituted are not sufficient to reduce employee exposures to or below the permissible exposure limit, the employer ((shall))must nonetheless use them to reduce exposures to the lowest level achievable by these controls and ((shall))must supplement them by the use of respiratory protection which complies with the requirements of WAC 296-62-20011.

(ii) The engineer and work practice controls required under subsections (2), (3) and (4) of this section are minimum requirements generally applicable to all existing coke oven batteries. If, after implementing all controls required by subsections (2), (3) and (4) of this section, or after January 20, 1980, whichever is sooner, employee exposures still exceed the permissible exposure limit, employers ((shall))must implement any other engineer and work practice controls necessary to reduce exposure to or below the permissible exposure limit except to the extent that the employer can establish that such controls are not feasible. Whenever the engineer and work practice controls which can be instituted are not sufficient to reduce employee exposures to or below the permissible exposure limit, the employer ((shall))must nonetheless use them to reduce exposures to the lowest level achievable by these controls and ((shall))must supplement them by the use of respiratory protection which complies with the requirements of WAC 296-62-20011.

(b) New or rehabilitated coke oven batteries.

(i) The employer ((shall))must institute the best available engineer and work practice controls on all new or rehabilitated coke oven batteries to reduce and maintain employee exposures at or below the permissible exposure limit, except to the extent that the employer can establish that such controls are not feasible. Wherever the engineer and work practice controls which can be instituted are not sufficient to reduce employee exposures to or below the permissible exposure limit, the employer ((shall))must nonetheless use them to reduce exposures to the lowest level achievable by these controls and ((shall))must supplement them by the use of respiratory protection which complies with the requirements of WAC 296-62-20011.

(ii) If, after implementing all the engineer and work practice controls required by (b)(i) of this subsection, employee exposures still exceed the permissible exposure limit, the employer ((shall))must implement any other engineer and work practice controls necessary to reduce exposure to or below the permissible exposure limit except to the extent that the employer can establish that such controls are not feasible. Wherever the engineer and work practice controls which can be instituted are not sufficient to reduce employee exposures to or below the permissible exposure limit, the employer ((shall))must nonetheless use them to reduce exposures to the lowest level achievable by these controls and ((shall))must supplement them by the use of respiratory protection which complies with the requirements of WAC 296-62-20011.

(i) The employer ((shall))must institute engineer and work practice controls on all beehive ovens at the earliest possible time to reduce and maintain employee exposures at or below the permissible exposure limit, except to the extent that the employer can establish that such controls are not feasible. In determining the earliest possible time for institution of engineer and work practice controls, the requirement, effective August 27, 1971, to implement feasible administrative or engineer controls to reduce exposures to coal tar pitch volatiles, ((shall))must be considered. Wherever the engineer and work practice controls which can be instituted are not sufficient to reduce employee exposures to or below the permissible exposure limit, the employer ((shall))must nonetheless use them to reduce exposures to the lowest level achievable by these controls and ((shall))must supplement them by the use of respiratory protection which complies with the requirements of WAC 296-62-20011.

(ii) If, after implementing all engineer and work practice controls required by (c)(i) of this subsection, employee exposures still exceed the permissible exposure limit, the employer ((shall))must implement any other engineer and work practice controls necessary to reduce exposures to or below the permissible exposure limit except to the extent that the employer can establish that such controls are not feasible. Whenever the engineer and work practice controls which can be instituted are not sufficient to reduce employee exposures to or below the permissible exposure limit, the employer ((shall))must nonetheless use them to reduce exposures to the lowest level achievable by these controls and ((shall))must supplement them by the use of respiratory protection which complies with the requirements of WAC 296-62-20011.

(2) Engineer controls.

(a) Charging. The employer ((shall))must equip and operate existing coke oven batteries with all of the following engineer controls to control coke oven emissions during charging operations:

(i) One of the following methods of charging:

(A) Stage charging as described in subsection (3)(a)(ii) of this section; or

(B) Sequential charging as described in subsection (3)(a)(ii) of this section except that subsection (3)(a)(ii) and (3)(d) of this section does not apply to sequential charging; or

(C) Pipeline charging or other forms of enclosed charging in accordance with (a) of this subsection, except (a)(ii), (iv), (v), (vi) and (viii) of this subsection do not apply.

(ii) Drafting from two or more points in the oven being charged, through the use of double collector mains, or a fixed or moveable jumper pipe system to another oven, to effectively remove the gases from the oven to the collector mains;

(iii) Aspiration systems designed and operated to provide sufficient negative pressure and flow volume to effectively move the gases evolved during charging into the collector mains, including sufficient steam pressure, and steam jets of sufficient diameter;

(iv) Mechanical volumetric controls on each larry car hopper to provide the proper amount of coal to be charged through each charging hole so that the tunnel head will be sufficient to permit the gases to move from the oven into the collector mains;

(v) Devices to facilitate the rapid and continuous flow of coal into the oven being charged, such as stainless steel liners, coal vibrators or pneumatic shells;

(vi) Individually operated larry car drop sleeves and slide gates designed and maintained so that the gases are effectively removed from the oven into the collector mains;

(vii) Mechanized gooseneck and standpipe cleaners;

(viii) Air seals on the pusher machine leveler bars to control air infiltration during charging; and

(ix) Roof carbon cutters or a compressed air system or both on the pusher machine rams to remove roof carbon.

(b) Coking. The employer ((shall))must equip and operate existing coke oven batteries with all of the following engineer controls to control coke oven emissions during coking operations:

(i) A pressure control system on each battery to obtain uniform collector main pressure;

(ii) Ready access to door repair facilities capable of prompt and efficient repair of doors, door sealing edges and all door parts;

(iii) An adequate number of spare doors available for replacement purposes;

(iv) Chuck door gaskets to control chuck door emissions until such door is repaired, or replaced; and

(v) Heat shields on door machines.

(3) Work practice controls.

(a) Charging. The employer ((shall))must operate existing coke oven batteries with all of the following work practices to control coke oven emissions during the charging operation:

(i) Establishment and implementation of a detailed, written inspection and cleaning procedure for each battery consisting of at least the following elements:

(A) Prompt and effective repair or replacement of all engineer controls;

(B) Inspection and cleaning of goosenecks and standpipes prior to each charge to a specified minimum diameter sufficient to effectively move the evolved gases from the oven to the collector mains;

(C) Inspection for roof carbon build-up prior to each charge and removal of roof carbon as necessary to provide an adequate gas channel so that the gases are effectively moved from the oven into the collector mains;

(D) Inspection of the steam aspiration system prior to each charge so that sufficient pressure and volume is maintained to effectively move the gases from the oven to the collector mains;

(E) Inspection of steam nozzles and liquor sprays prior to each charge and cleaning as necessary so that the steam nozzles and liquor sprays are clean;

(F) Inspection of standpipe caps prior to each charge and cleaning and luting or both as necessary so that the gases are effectively moved from the oven to the collector mains; and

(G) Inspection of charging holes and lids for cracks, warpage and other defects prior to each charge and removal of carbon to prevent emissions, and application of luting material to standpipe and charging hole lids where necessary to obtain a proper seal.

(ii) Establishment and implementation of a detailed written charging procedure, designed and operated to eliminate emissions during charging for each battery, consisting of at least the following elements:

(A) Larry car hoppers filled with coal to a predetermined level in accordance with the mechanical volumetric controls required under subsection (2)(a)(iv) of this section so as to maintain a sufficient gas passage in the oven to be charged;

(B) The larry car aligned over the oven to be charged, so that the drop sleeves fit tightly over the charging holes; and

(I) The aspiration system turned on;

(II) Coal charged through the outermost hoppers, either individually or together, depending on the capacity of the aspiration system to collect the gases involved;

(III) The charging holes used under (a)(ii) and (b) of this subsection relidded or otherwise sealed off to prevent leakage of coke oven emissions;

(IV) If four hoppers are used, the third hopper discharged and relidded or otherwise sealed off to prevent leakage of coke oven emissions;

(V) The final hopper discharged until the gas channel at the top of the oven is blocked and then the chuck door opened and the coal leveled;

(VI) When the coal from the final hopper is discharged and the leveling operation complete, the charging hole relidded or otherwise sealed off to prevent leakage of coke oven emissions; and

(VII) The aspiration system turned off only after the charging holes have been closed.

(VIII) Establishment and implementation of a detailed written charging procedure, designed and operated to eliminate emissions during charging of each pipeline or enclosed charged battery.

(b) Coking. The employer ((shall))must operate existing coke oven batteries pursuant to a detailed written procedure established and implemented for the control of coke oven emissions during coking, consisting of at least the following elements:

(i) Checking oven back pressure controls to maintain uniform pressure conditions in the collecting main;

(ii) Repair, replacement and adjustment of oven doors and check doors and replacement of door jambs so as to provide a continuous metal-to-metal fit;

(iii) Cleaning of oven doors, chuck doors and door jambs each coking cycle so as to provide an effective seal;

(iv) An inspection system and corrective action program to control door emissions to the maximum extent possible; and

(v) Luting of doors that are sealed by luting each coking cycle and reluting, replacing or adjusting as necessary to control leakage.

(c) Pushing. The employer ((shall))must operate existing coke oven batteries with the following work practices to control coke oven emissions during pushing operations:

(i) Coke and coal spillage quenched as soon as practicable and not shoveled into a heated oven; and

(ii) A detailed written procedure for each battery established and implemented for the control of emissions during pushing consisting of the following elements:

(A) Dampering off the ovens and removal of charging hole lids to effectively control coke oven emissions during the push;

(B) Heating of the coal charge uniformly for a sufficient period so as to obtain proper coking including preventing green pushes;

(D) Inspection, adjustment and correction of heating flue temperatures and defective flues at least weekly and after any green push, so as to prevent green pushes;

(E) Cleaning of heating flues and related equipment to prevent green pushes, at least weekly and after any green push.

(d) Maintenance and repair. The employer ((shall))must operate existing coke oven batteries pursuant to a detailed written procedure of maintenance and repair established and implemented for the effective control of coke oven emissions consisting of the following elements:

(i) Regular inspection of all controls, including goosenecks, standpipes, standpipe caps, charging hole lids and castings, jumper pipes and air seals for cracks, misalignment or other defects and prompt implementation of the necessary repairs as soon as possible;

(ii) Maintaining the regulated area in a neat, orderly condition free of coal and coke spillage and debris;

(iii) Regular inspection of the damper system, aspiration system and collector main for cracks or leakage, and prompt implementation of the necessary repairs;

(iv) Regular inspection of the heating system and prompt implementation of the necessary repairs;

(v) Prevention of miscellaneous fugitive topside emissions;

(vi) Regular inspection and patching of over brickwork;

(vii) Maintenance of battery equipment and controls in good working order;

(viii) Maintenance and repair of coke oven doors, chuck doors, door jambs and seals; and

(ix) Repairs instituted and completed as soon as possible, including temporary repair measures instituted and completed where necessary, including but not limited to:

(A) Prevention of miscellaneous fugitive topside emissions; and

(B) Chuck door gaskets, which ((shall))must be installed prior to the start of the next coking cycle.

(4) Filtered air.

(a) The employer ((shall))must provide positive-pressure, temperature controlled filtered air for larry car, pusher machine, door machine, and quench car cabs.

(b) The employer ((shall))must provide standby pulpits on the battery topside, at the wharf, and at the screening station, equipped with positive-pressure, temperature controlled filtered air.

(5) Emergencies. Whenever an emergency occurs, the next coking cycle may not begin until the cause of the emergency is determined and corrected, unless the employer can establish that it is necessary to initiate the next coking cycle in order to determine the cause of the emergency.

(6) Compliance program.

(a) Each employer ((shall))must establish and implement a written program to reduce exposures solely by means of the engineer and work practice controls specified in subsections (2) through (4) of this section.

(b) The written program ((shall))must include at least the following:

(i) A description of each coke oven operation by battery, including work force and operating crew, coking time, operating procedures and maintenance practices;

(ii) Engineer plans and other studies used to determine the controls for the coke battery;

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

(iv) Monitoring data obtained in accordance with WAC 296-62-20007.

(v) A detailed schedule for the implementation of the engineer and work practice controls specified in subsections (2) through (4) of this section; and

(vi) Other relevant information.

(c) If, after implementing all controls required by subsections (2) through (4) of this section, or after January 20, 1980, whichever is sooner, or after completion of a new or rehabilitated battery the permissible exposure limit is still exceeded, the employer ((shall))must develop a detailed written program and schedule for the implementation of any additional engineer controls and work practices necessary to reduce exposure to or below the permissible exposure limit.

(d) Written plans for such programs ((shall))must be submitted, upon request, to the director, and ((shall))must be available at the worksite for examination and copying by the director, and the authorized employee representative. The plans required under this subsection ((shall))must be revised and updated at least every six months to reflect the current status of the program.

(7) Training in compliance procedures. The employer ((shall))must incorporate all written procedures and schedules required under this section in the education and training program required under WAC 296-62-20019 and, where appropriate, post in the regulated area.

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

WAC 296-62-20013Protective clothing and equipment.

(1) Provision and Use. The employer ((shall))must provide and ((assure))ensure the use of appropriate protective clothing and equipment, such as but not limited to:

(a) Flame resistant jacket and pants;

(b) Flame resistant gloves;

(d) Footwear providing insulation from hot surfaces;

(e) Safety shoes which comply with WAC 296-800-160; and

(f) Protective helmets which comply with WAC 296-800-160.

(2) Cleaning and Replacement.

(a) The employer ((shall))must provide the protective clothing required by subsection (1)(a) and (b) of this section in a clean and dry condition at least weekly.

(b) The employer ((shall))must clean, launder, or dispose of protective clothing required by subsection((s)) (1)(a) and (b) of this section.

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

(d) The employer ((shall assure))must ensure that all protective clothing is removed at the completion of a work shift only in change rooms prescribed in WAC 296-62-20015.

(e) The employer ((shall assure))must ensure that contaminated protective clothing which is to be cleaned, laundered, or disposed of, is placed in a closed container in the changeroom.

(f) The employer ((shall))must inform any person who cleans or launders protective clothing required by this section, of the potentially harmful effects of exposure to coke oven emissions.

AMENDATORY SECTION(Amending WSR 03-18-090, filed 9/2/03, effective 11/1/03)

WAC 296-62-20015Hygiene facilities and practices.

(1) Change rooms. The employer ((shall))must 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 WAC 296-62-20013.

(2) Showers.

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

(b) The employer ((shall))must provide shower facilities in accordance with WAC 296-800-230.

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

(4) Lavatories.

(a) The employer ((shall assure))must ensure that employees working in the regulated area wash their hands and face prior to eating.

(b) The employer ((shall))must provide lavatory facilities in accordance with WAC 296-800-230.

(5) Prohibition of activities in the regulated area.

(a) The employer ((shall assure))must ensure that in the regulated area, food or beverages are not present or consumed, smoking products are not present or used, and cosmetics are not applied, except, that these activities may be conducted in the lunchrooms, change rooms and showers required under subsections(((1)-(3)))(1) through (3) of this section.

(b) Drinking water may be consumed in the regulated area.

AMENDATORY SECTION(Amending WSR 99-17-094, filed 8/17/99, effective 12/1/99)

WAC 296-62-20017Medical surveillance.

(1) General requirements.

(a) Each employer ((shall))must institute a medical surveillance program for all employees who are employed in the regulated areas at least 30 days per year.

(b) This program ((shall))must provide each employee covered under subsection (1)(a) of this section with an opportunity for medical examinations in accordance with this section.

(c) The employer ((shall))must inform any employee who refuses any required medical examination of the possible health consequences of such refusal and ((shall))must obtain a signed statement from the employee indicating that the employee understands the risk involved in the refusal to be examined.

(d) The employer ((shall assure))must ensure that all medical examinations and procedures are performed by or under the supervision of a licensed physician, and are provided without cost to the employee.

(2) Initial examinations. At the time of initial assignment to a regulated area or upon the institution of the medical surveillance program, the employer ((shall))must provide a medical examination including at least the following elements:

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

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

(c) Pulmonary function tests including forced vital capacity (FVC) and forced expiratory volume at one second (FEV 1.0) with recording of type of equipment used;

(d) Weight;

(e) A skin examination;

(f) Urinalysis for sugar, albumin, and hematuria; and

(g) A urinary cytology examination.

(3) Periodic examinations.

(a) The employer ((shall))must provide the examinations specified in subsection((s (2)(a)-(f)))(2)(a) through (f) of this section at least annually for employees covered under subsection (1)(a) of this section.

(b) The employer ((shall))must provide the examinations specified in subsection (2)(a) and (((c)-(g)))(c) through (g) of this section at least semi-annually for employees forty-five years of age or older or with five or more years employment in the regulated area.

(c) Whenever an employee who is forty-five years of age or older or with five or more years employment in the regulated area transfers or is transferred from employment in a regulated area, the employer ((shall))must continue to provide the examinations specified in subsection((s)) (2)(a) and (((c)-(g)))(c) through (g) of this section semi-annually, as long as that employee is employed by the same employer or a successor employer.

(d) The employer ((shall))must provide the X-ray specified in subsection (2)(b) of this section at least annually for employees covered under this subsection.

(e) Whenever an employee has not taken the examination specified in subsection((s (3)(a)-(c)))(3)(a) through (c) of this section within the six months preceding the termination of employment, the employer ((shall))must provide such examinations to the employee upon termination of employment.

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

(a) A copy of this regulation and its Appendixes;

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

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

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

(5) Physician's written opinion.

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

(i) The results of the medical examinations;

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

(iii) Any recommended limitations upon the employee's exposure to coke oven emissions or upon the use of protective clothing or equipment such as respirators; and

(iv) 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 explanation or treatment.

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

AMENDATORY SECTION(Amending WSR 05-03-093, filed 1/18/05, effective 3/1/05)

WAC 296-62-20019Employee information and training.

(1) Training program.

(a) The employer ((shall))must institute a training program for employees who are employed in the regulated area and shall assure their participation.

(b) The training program ((shall))must be provided as of January 20, 1977, for employees who are employed in the regulated area at that time or at the time of initial assignment to a regulated area.

(c) The training program ((shall))must be provided at least annually for all employees who are employed in the regulated area, except that training regarding the occupational safety and health hazards associated with exposure to coke oven emissions and the purpose, proper use, and limitations of respiratory protective devices ((shall))must be provided at least quarterly until January 20, 1978.

(d) The training program ((shall))must include informing each employee of:

(i) The information contained in the substance information sheet for coke oven emissions (Appendix A);

(ii) The purpose, proper use, and limitations of respiratory protective devices in addition to other information as required by chapter 296-842 WAC (see WAC 296-842-11005, 296-842-16005, and 296-842-19005).

(iii) The purpose for and a description of the medical surveillance program required by WAC 296-62-20017 including information on the occupational safety and health hazards associated with exposure to coke oven emissions;

(iv) A review of all written procedures and schedules required under WAC 296-62-20009; and

(v) A review of this standard.

(2) Access to training materials.

(a) The employer ((shall))must make a copy of this standard and its appendixes readily available to all employees who are employed in the regulated area.

(b) The employer ((shall))must provide all materials relating to the employee information and training program to the director.

AMENDATORY SECTION(Amending WSR 14-07-086, filed 3/18/14, effective 5/1/14)

WAC 296-62-20021Communication of hazards.

(1) Hazard communication - General. The employer ((shall))must include coke oven emissions in the program established to comply with the Hazard Communication Standard (HCS), WAC 296-901-140. The employer ((shall))must ensure that each employee has access to labels on containers of chemicals and substances associated with coke oven processes and to safety data sheets, and is trained in accordance with the provisions of HCS and WAC 296-62-20019. The employer ((shall))must ensure that at least the following hazard is addressed: Cancer.

(2) Signs.

(a) The employer ((shall))must post signs in the regulated area bearing the legends:

DANGER

COKE OVEN EMISSIONS

MAY CAUSE CANCER

DO NOT EAT, DRINK OR SMOKE

WEAR RESPIRATORY PROTECTION IN THIS AREA

AUTHORIZED PERSONNEL ONLY

(b) In addition, the employer ((shall))must post signs in the areas where the permissible exposure limit is exceeded bearing the legend:

WEAR RESPIRATORY PROTECTION IN THIS AREA

(c) The employer ((shall))must ensure that no statement appears on or near any sign required by this section which contradicts or detracts from the effects of the required sign.

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

(((e) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in (a) of this subsection:

DANGER

CANCER HAZARD

AUTHORIZED PERSONNEL ONLY

NO SMOKING OR EATING

(f) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in (b) of this subsection:

DANGER

RESPIRATOR REQUIRED))

(3) Labels.

(((a))) The employer ((shall))must ensure that labels of contaminated protective clothing and equipment include the following information:

CONTAMINATED WITH COKE EMISSIONS

MAY CAUSE CANCER

DO NOT REMOVE DUST BY BLOWING OR SHAKING

(((b) Prior to June 1, 2015, employers may include the following information on contaminated protective clothing and equipment in lieu of the labeling requirements in (a) of this subsection:

CAUTION

CLOTHING CONTAMINATED WITH COKE

EMISSIONS

DO NOT REMOVE DUST BY BLOWING OR SHAKING))

AMENDATORY SECTION(Amending WSR 12-24-071, filed 12/4/12, effective 1/4/13)

WAC 296-62-20023Recordkeeping.

(1) Exposure measurements. The employer ((shall))must establish and maintain an accurate record of all measurements taken to monitor employee exposure to coke oven emissions required in WAC 296-62-20007.

(a) This record ((shall))must include:

(i) Name, Social Security number, and job classification of the employees monitored;

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

(iii) The type of respiratory protective devices worn, if any;

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

(v) The environment variables that could affect the measurement of employee exposure.

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

(2) Medical surveillance. The employer ((shall))must establish and maintain an accurate record for each employee subject to medical surveillance as required by WAC 296-62-20017.

(a) The record ((shall))must include:

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

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

(iii) The signed statement of any refusal to take a medical examination under WAC 296-62-20017; and

(iv) Any employee medical complaints related to exposure to coke oven emissions.

(b) The employer ((shall))must keep, or ((assure))ensure that the examining physician keeps, the following medical records:

(i) A copy of the medical examination results including medical and work history required under WAC 296-62-20017;

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

(iii) The initial X-ray;

(iv) The X-rays for the most recent five years;

(v) Any X-ray with a demonstrated abnormality and all subsequent X-rays;

(vi) The initial cytologic examination slide and written description;

(vii) The cytologic examination slide and written description for the most recent ten years; and

(viii) Any cytologic examination slides with demonstrated atypia, if such atypia persists for three years, and all subsequent slides and written descriptions.

(c) The employer ((shall))must maintain medical records required under subsection (2) of this section for at least forty years, or for the duration of employment plus twenty years, whichever is longer.

(3) Availability.

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

(b) Employee exposure measurement records and employee medical records required by this subsection ((shall))must be provided upon request to employees, designated representatives, and the assistant director in accordance with chapter 296-802 WAC.

(c) The employer ((shall))must make available upon request employee medical records required to be maintained by subsection (2) of this section to a physician designated by the affected employee or former employee.

(4) Transfer of records.

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

(b) The employer ((shall))must also comply with any additional requirements involving transfer of records set forth in WAC 296-802-60005.

AMENDATORY SECTION(Amending Order 77-14, filed 7/25/77)

WAC 296-62-20025Observation of monitoring.

(1) Employee observation. The employer ((shall))must provide affected employees or their representatives an opportunity to observe any measuring or monitoring of employee exposure to coke oven emissions conducted pursuant to WAC 296-62-20007.

(2) Observation procedures.

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

(b) Without interfering with the measurement, observers shall be entitled to:

(i) An explanation of the measurement procedures;

(ii) Observe all steps related to the measurement of coke oven emissions performed at the place of exposure; and

(iii) Record the results obtained.

AMENDATORY SECTION(Amending WSR 12-02-053, filed 1/3/12, effective 1/1/14)

WAC 296-62-50005Scope.

(1) This chapter applies to all employers in health care facilities regardless of the setting that have employees with occupational exposure to hazardous drugs.

(2) Chapter application.

(a) The requirements in this rule only apply to the hazardous drugs being used in the workplace.

(b) If hazardous drugs are being used in the workplace the requirements in this rule only apply if there is reasonably anticipated occupational exposure as defined in WAC 296-62-50010.

(c) If there is reasonably anticipated occupational exposure to one or more hazardous drugs, the employer must develop a hazardous drugs control program as required in section WAC 296-62-50015.

(d) For purposes of making the determinations in this section about scope and application, occupational exposure is that exposure which would be reasonably anticipated in the absence of engineering controls or PPE.

(3) The following lists jobs that may involve occupational exposure to hazardous drugs. This is not an exhaustive list and there may be other jobs that fall within the scope of this chapter:

((•))(a) Pharmacists and pharmacy technicians.

((•))(b) Physicians and physician assistants.

((•))(c) Nurses (ARNPs, RNs, LPNs).

((•))(d) Patient care assistive personnel (e.g., health care assistants, nursing assistants).

((•))(e) Operating room personnel.

((•))(f) Home health care workers.

((•))(g) Veterinarians and veterinary technicians.

((•))(h) Environmental services employees (e.g., housekeeping, laundry, and waste disposal) in health care facilities.

((•))(i) Employees in health care facilities who ship, or receive hazardous drugs from the manufacturer or distributor.

AMENDATORY SECTION(Amending WSR 16-10-083, filed 5/3/16, effective 6/3/16)

WAC 296-62-50010Definitions.

Biological safety cabinet((means)). A ventilated cabinet for compounding pharmaceutical ingredients, personnel, product, and environmental protection having an open front with inward airflow for personnel protection, downward high-efficiency air (HEPA)-filtered laminar airflow for product protection, and HEPA-filtered exhausted air for environmental protection. For a complete description of the different types of biologic safety cabinets see the Centers for Disease Control and Prevention (CDC)/National Institutes of Health (NIH) document Primary Containment for Biohazards: Selection, Installation and Use of Biological Safety Cabinets.

Chemotherapy glove((means)). A medical glove that has been approved by the Food and Drug Administration (FDA) and that meets the permeability standards of the American Society for Testing Materials (ASTM) Standard D6978 - 05.

Closed system drug-transfer device((means)). A drug-transfer device that mechanically prohibits the transfer of environmental contaminants into the system and the escape of hazardous drug or vapor concentrations outside of the system.

Decontamination((means)). Inactivation, neutralization, or removal of toxic agents, usually by chemical means.

Engineering controls((means)). Devices designed to eliminate or reduce worker exposure to hazards. Examples include biological safety cabinets, laboratory fume hoods, containment isolators, safer sharps devices, and safety interlocks.

Hazardous drugs((means)). Any drug identified as hazardous by the National Institute for Occupational Safety and Health (NIOSH) at the Centers for Disease Control (CDC) or any drug that meets at least one of the following six criteria:

((•))(a) Carcinogenicity.

((•))(b) Teratogenicity or developmental toxicity.

((•))(c) Reproductive toxicity in humans.

((•))(d) Organ toxicity at low doses in humans or animals.

((•))(e) Genotoxicity.

((•))(f) New drugs that mimic existing hazardous drugs in structure and toxicity.

Health care facilities((means)). All hospitals, clinics, nursing homes, laboratories, offices or similar places where a health care provider provides health care to patients. For purposes of this chapter this includes veterinary medicine, retail pharmacies, home health care agencies and also those research laboratories in settings where a health care provider provides health care to patients. It does not include the drug manufacturing sector or research laboratories where health care providers do not provide health care to patients.

HEPA filter((means)). A high-efficiency particulate air filter rated 99.97% efficient in capturing 0.3-micron-diameter particles.

• Isolator((means)). A device that is sealed or is supplied with air through a microbially retentive filtration system (HEPA minimum) and may be reproducibly decontaminated. When closed, an isolator uses only decontaminated interfaces (when necessary) or rapid transfer ports (RTPs) for materials transfer. When open, it allows for the ingress and/or egress of materials through defined openings that have been designed and validated to preclude the transfer of contaminants or unfiltered air to adjacent environments. An isolator can be used for aseptic processing, for containment of potent compounds, or for simultaneous asepsis and containment. Some isolator designs allow operations within the isolator to be conducted through attached rubber gloves without compromising asepsis and/or containment.

• Aseptic isolator((:)). A ventilated isolator designed to exclude external contamination from entering the critical zone inside the isolator.

• Aseptic containment isolator((:)). A ventilated isolator designed to meet the requirements of both an aseptic isolator and a containment isolator.

• Containment isolator((:)). A ventilated isolator designed to prevent the toxic materials processed inside it from escaping to the surrounding environment.

Occupational exposure((means)). Reasonably anticipated inhalation, skin, ingestion, or injection contact with hazardous drugs as a result of the performance of an employee's duties. Some drugs defined as hazardous may not pose a significant risk of occupational exposure because of their dosage formulation (for example, coated tablets or capsules that are administered to patients without modifying the formulation). However, they may pose a risk if altered (for example, if tablets are crushed or dissolved, or if capsules are pierced or opened).

Safety data sheet (SDS)((means)). A summary provided by the manufacturer to describe the chemical properties and hazards of specific chemicals and ways in which workers can protect themselves from exposure to these chemicals.

Ventilated cabinet((means)). A type of engineering control designed for purposes of worker protection. These devices are designed to minimize worker exposures by controlling emissions of airborne contaminants through the following:

((•))(a) The full or partial enclosure of a potential contaminant source.

((•))(b) The use of airflow capture velocities to capture and remove airborne contaminants near their point of generation.

((•))(c) The use of air pressure relationships that define the direction of airflow into the cabinet.

Examples of ventilated cabinets include biological safety cabinets and containment isolators.

AMENDATORY SECTION(Amending WSR 12-02-053, filed 1/3/12, effective 1/1/14)

WAC 296-62-50055Implementation plan.

(((1) Effective dates.

(a) The written hazardous drugs control program must be completed and implemented by January 1, 2014, with the exception of (b) and (c) of this subsection.

(b) Employee training must be implemented by July 1, 2014.

(2))) The department will work with stakeholders to implement this chapter by doing the following:

(((a)))(1) Establish a hazardous drugs advisory committee to discuss new NIOSH recommendations, scientific and technological developments and other unanticipated issues related to rule implementation. This committee will include employer and employee representatives of the health care industry and representatives of affected state agencies. It may provide recommendations to the department regarding appropriate actions.

(((b)))(2) Work with trade associations, labor unions and other representatives from the health care industry to develop model programs for implementation of these rules in a variety of health care facilities and settings. The department will provide education, training and consultation services to ensure that these model programs are widely distributed and can be effectively utilized.

(((c)))(3) Establish a hazardous drugs web page, and post relevant resources, sample programs and forms.