Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Scope.
(1) This standard applies to occupational
exposures to chromium (VI) in all forms and compounds in shipyards, marine
terminals, and longshoring, except:
(2) Exposures that occur in the application
of pesticides regulated by the California Department of Pesticide Regulation,
the U.S. Environmental Protection Agency 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
µg/m3 as an 8-hour time-weighted average (TWA)
under any expected conditions of use.
NOTE: Exposures to strontium chromate shall comply with
the provisions of Section
5155 in addition to this
standard.
(b)
Definitions. 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
µg/m3) 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 September 19, 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 subsection (i) of this
section.
"This section" means this 8359 Chromium (VI)
standard.
(c) Permissible
exposure limit (PEL). The employer shall ensure that no employee is exposed to
an airborne concentration of chromium (VI) in excess of 5 micrograms per cubic
meter of air (5 µg/m3), calculated as an
8-hour time-weighted average (TWA).
(d) Exposure determination.
(1) General. Each employer who has a
workplace or work operation covered by this section shall determine the 8 hour
TWA exposure for each employee exposed to chromium (VI). This determination
shall be made in accordance with either subsection (d)(2) or subsection (d)(3)
of this section.
(2) Scheduled
monitoring option.
(A) The employer shall
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 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 perform periodic monitoring at least every six
months.
(D) If monitoring reveals
employee exposures to be above the PEL, the employer shall 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 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 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) As soon as possible
but not more than 5 working days after making an exposure determination in
accordance with subsections (d)(2) or (d)(3), the employer shall either post
the results in an appropriate location that is accessible to all affected
employees or shall notify each affected employee individually in writing of the
results.
(B) Whenever the exposure
determination indicates that employee exposure is above the PEL, the employer
shall 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 use a method of monitoring and analysis that can measure
chromium (VI) to within an accuracy of plus or minus 25 percent (+/- 25%) and
can produce accurate measurements to within a statistical confidence level of
95 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 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 provide the observer with clothing and equipment
and shall assure that the observer uses such clothing and equipment and
complies with all other applicable safety and health
procedures.
(e)
Methods of compliance.
(1) Engineering and
work practice controls.
(A) Except as
permitted in subsection (e)(1)(B) of this section, the employer shall 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 use them to reduce employee exposure to the lowest levels
achievable, and shall supplement them by the use of respiratory protection that
complies with the requirements of subsection (f) of this section.
(B) Where the employer can demonstrate that a
process or task does not result in any employee exposure to chromium (VI) above
the PEL for 30 or more days per year (12 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 not rotate employees to different jobs to achieve compliance with the
PEL.
(f) Respiratory
protection.
(1) General. The employer shall
provide respiratory protection for employees 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 30 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 institute a respiratory protection program in
accordance with Section
5144.
(g) Protective 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 provide appropriate personal protective clothing and
equipment at no cost to employees, and shall ensure that employees use such
clothing and equipment.
(2) Removal
and storage.
(A) The employer shall 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 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 ensure that it is stored and transported in sealed, impermeable
bags or other closed, impermeable containers.
(D) The employer shall 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, Section
5194.
(3) Cleaning and replacement.
(A) The employer shall clean, launder, repair
and replace all protective clothing and equipment required by this section as
needed to maintain its effectiveness.
(B) The employer shall 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 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.
(h)
Hygiene areas and practices.
(1) General.
Where protective clothing and equipment is required, the employer shall provide
change rooms in conformance with Section
3367. Where skin contact with
chromium (VI) occurs, the employer shall provide washing facilities in
conformance with Section
8397.4. Eating and drinking areas
provided by the employer shall be in conformance with Section
8397.4.
(2) Change rooms. The employer shall assure
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
provide readily accessible washing facilities capable of removing chromium (VI)
from the skin, and shall ensure that affected employees use these facilities
when necessary.
(B) The employer
shall 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 ensure that eating and drinking areas and
surfaces are maintained as free as practicable of chromium (VI).
(B) The employer shall 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 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.
(i) Medical surveillance.
(1) General.
(A) The employer shall make medical
surveillance available at no cost to the employee, and at a reasonable time and
place, for all employees:
1. Who are or may be
occupationally exposed to chromium (VI) at or above the action level for 30 or
more days a year;
2. Experiencing
signs or symptoms of the adverse health effects associated with chromium (VI)
exposure; or
3. Exposed in an
emergency.
(B) The
employer shall assure 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 30 days after initial assignment,
unless the employee has received a chromium (VI) related medical examination
that meets the requirements of this subsection within the last twelve
months;
(B) Annually;
(C) Within 30 days after a PLHCP's written
medical opinion recommends an additional examination;
(D) Whenever an employee shows signs or
symptoms of the adverse health effects associated with chromium (VI)
exposure;
(E) Within 30 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 subsection (i) of this section 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
(C) Any additional tests deemed appropriate
by the examining PLHCP.
(4) Information provided to the PLHCP. The
employer shall ensure that the examining PLHCP has a copy of this standard, and
shall 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 obtain a written
medical opinion from the PLHCP, within 30 days for each medical examination
performed on each employee, which contains:
1.
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);
2. Any recommended limitations upon the
employee's exposure to chromium (VI) or upon the use of personal protective
equipment such as respirators;
3. 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 not reveal to the
employer specific findings or diagnoses unrelated to occupational exposure to
chromium (VI).
(C) The employer
shall provide a copy of the PLHCP's written medical opinion to the examined
employee within two weeks after receiving it.
(j) Communication of chromium (VI) hazards to
employees.
(1) Hazard communication. The
employer shall include chromium (VI) in the program established to comply with
the Hazard Communication Standard (HCS) (Section
5194). The employer shall ensure
that each employee has access to labels on containers of chromium (VI) and
safety data sheets, and is trained in accordance with the provisions of HCS and
subsection (j)(2) of this section. The employer shall ensure that at least the
following hazards are addressed: Cancer; skin sensitization; and eye
irritation.
(2) Employee
information and training.
(A) The employer
shall ensure that each employee can demonstrate knowledge of at least the
following:
1 The contents of this section;
and
2. The purpose and a
description of the medical surveillance program required by subsection (i) of
this section.
(B) The
employer shall make a copy of this section readily available without cost to
all affected employees.
(k) Recordkeeping.
(1) Air monitoring data.
(A) The employer shall maintain an accurate
record of all air monitoring conducted to comply with the requirements of this
section.
(B) This record shall
include at least the following information:
1.
The date of measurement for each sample taken;
2. The operation involving exposure to
chromium (VI) that is being monitored;
3. Sampling and analytical methods used and
evidence of their accuracy;
4.
Number, duration, and the results of samples taken;
5. Type of personal protective equipment,
such as respirators worn; and
6.
Name, social security number, and job classification of all employees
represented by the monitoring, indicating which employees were actually
monitored.
(C) The
employer shall ensure that exposure records are maintained and made available
in accordance with Section
3204.
(2) Historical monitoring data.
(A) Where the employer has relied on
historical monitoring data to determine exposure to chromium (VI), the employer
shall establish and maintain an accurate record of the historical monitoring
data relied upon.
(B) The record
shall include information that reflects the following conditions:
1. The data were collected using methods that
meet the accuracy requirements of subsection (d)(5) of this section;
2. 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;
3. 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;
4.
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
5. Other data
relevant to the operations, materials, processing, or employee exposures
covered by the exception.
(C) The employer shall ensure that historical
exposure records are maintained and made available in accordance with Section
3204.
(3) Objective data.
(A) The employer shall maintain an accurate
record of all objective data relied upon to comply with the requirements of
this section.
(B) This record shall
include at least the following information:
1. The chromium containing material in
question;
2. The source of the
objective data;
3. The testing
protocol and results of testing, or analysis of the material for the release of
chromium (VI);
4. A description of
the process, operation, or activity and how the data support the determination;
and
5. Other data relevant to the
process, operation, activity, material, or employee
exposures.
(C) The
employer shall ensure that objective data are maintained and made available in
accordance with Section
3204.
(4) Medical surveillance.
(A) The employer shall establish and maintain
an accurate record for each employee covered by medical surveillance under
subsection (i) of this section.
(B)
The record shall include the following information about the employee:
1. Name and social security number;
2. A copy of the PLHCP's written
opinions;
3. A copy of the
information provided to the PLHCP as required by subsection (i)(4) of this
section.
(C) The employer
shall ensure that medical records are maintained and made available in
accordance with Section
3204.
(l) Dates.
(1) For employers with 20 or more employees,
all obligations of this section, except engineering controls required by
subsection (e) of this section, commence November 27, 2006.
(2) For employers with 19 or fewer employees,
all obligations of this section, except engineering controls required by
subsection (e) of this section, commence May 30, 2007.
(3) For all employers, engineering controls
required by subsection (e) of this section shall be implemented no later than
May 31, 2010.
(m)
Reporting requirements. See Section
5203.
1. New
section filed 9-19-2006; operative 9-19-2006. Submitted to OAL for printing
only pursuant to Labor Code section
142.3(a)(3)
(Register 2006, No. 38).
2. New subsection (m) and amendment of NOTE
filed 10-30-2007; operative 11-29-2007 (Register 2007, No. 44).
3.
Amendment of subsection (d)(4)(A) filed 9-13-2010; operative 9-13-2010.
Submitted to OAL for printing only pursuant to Labor Code section
142.3(a)(3)
(Register 2010, No. 38).
4. Amendment of subsection (g)(2)(D) and
repealer and new subsection (j)(1) filed 5-6-2013; operative 5-6-2013 pursuant
to Labor Code section
142.3(a)(4)(C).
Submitted to OAL for printing only pursuant to Labor Code section
142.3(a)(4)
(Register 2013, No. 19).
5. Amendment of subsection (g)(2)(D) and
repealer and new subsection (j)(1) refiled 11-6-2013; operative 11-6-2013
pursuant to Labor Code section
142.3(a)(4)(C).
Submitted to OAL for printing only pursuant to Labor Code section
142.3(a)(4)
(Register 2013, No. 45).
6. Repealer of 11-6-2013 order by operation
of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No.
19).
7. Amendment of subsection (g)(2)(D) and repealer and new
subsection (j)(1) filed 5-5-2014; operative 5-6-2014 pursuant to Government
Code section
11343.4(b)(3)
(Register 2014, No. 19).
Note: Authority cited: Sections
142.3,
9020,
9030 and
9040, Labor
Code. Reference: Sections
142.3,
9004(d),
9009,
9020,
9030,
9031 and
9040, Labor
Code.
