Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Scope and
application.
(1) This section shall apply to
all employers engaged in the laboratory use of hazardous chemicals as defined
below.
(2) Where this section
applies, it shall supersede, for laboratories, the requirements of Title 8 of
the California Code of Regulations Section
5190 and Article 110, Regulated
Carcinogens of the General Industry Safety Orders, except as follows:
(A) The requirement to limit employee
exposure to the specific exposure limit.
(B) When that particular regulation states
otherwise, as in the case of Section
5209(c)(6).
(C) Prohibition or prevention of eye and skin
contact where specified by any health regulation shall be observed.
(D) Where the action level (or in the absence
of an action level, the exposure limit) is exceeded for a regulated substance
with exposure monitoring and medical surveillance requirements.
(E) The "report of use" requirements of
Article 110, (Section
5200 et. seq.) Regulated
Carcinogens regulations.
(F)
Section 5217 shall apply to anatomy,
histology and pathology laboratories.
(3) This regulation shall not apply to:
(A) Uses of hazardous chemicals which do not
meet the definition of laboratory use, and in such cases, the employer shall
comply with the relevant regulations in Title 8, California Code of
Regulations, even is such use occurs in a laboratory.
(B) Laboratory uses of hazardous chemicals
which provide no potential for employee exposure. Examples of such conditions
might include:
1. Procedures using
chemically-impregnated test media such as Dip-and-Read tests where a reagent
strip is dipped into the specimen to be tested and the results are interpreted
by comparing the color reaction to a color chart supplied by the manufacturer
of the test strip; and
2.
Commercially prepared kits such as those used in performing pregnancy tests in
which all of the reagents needed to conduct the test are contained in the
kit.
(b) Definitions
Action level. A concentration designated in Title 8,
California Code of Regulations for a specific substance, calculated as an eight
(8)-hour time weighted average, which initiates certain required activities
such as exposure monitoring and medical surveillance.
Carcinogen (see "select carcinogen").
Chemical Hygiene Officer. An employee who is designated
by the employer, and who is qualified by training or experience, to provide
technical guidance in the development and implementation of the provisions of
the Chemical Hygiene Plan. This definition is not intended to place limitations
on the position description or job classification that the designated
individual shall hold within the employer's organizational structure.
Chemical Hygiene Plan. A written program developed and
implemented by the employer which sets forth procedures, equipment, personal
protective equipment and work practices that
(1) are capable of protecting employees from
the health hazards presented by hazardous chemicals used in that particular
work place and
(2) meets the
requirements of subsection
5191(e).
Chief. The Chief of the Division of Occupational Safety
and Health.
Designated area. An area which may be used for work
with "select carcinogens," reproductive toxins or substances which have a high
degree of acute toxicity. A designated area may be the entire laboratory, an
area of a laboratory or a device such as a laboratory hood.
Emergency. Any occurrence such as, but not limited to,
equipment failure, rupture of containers or failure of control equipment which
results in an uncontrolled release of a hazardous chemical into the
workplace.
Employee. An individual employed in a laboratory
workplace who may be exposed to hazardous chemicals in the course of his or her
assignments.
Hazardous chemical. Any chemical which is classified as
health hazard or simple asphyxiant in accordance with the Hazard Communication
Standard (Section
5194).
Health hazard. A chemical that is classified as posing
one of the following hazardous effects: Acute toxicity (any route of exposure);
skin corrosion or irritation; serious eye damage or eye irritation; respiratory
or skin sensitization; germ cell mutagenicity; carcinogenity; reproductive
toxicity; specific target organ toxicity (single or repeated exposure);
aspiration hazard. The criteria for determining whether a chemical is
classified as a health hazard are detailed in Appendix A of the Hazard
Communication Standard (Section
5194) and Section
5194(c)
(definition of "simple asphyxiant").
Laboratory. A facility where the "laboratory use of
hazardous chemicals" occurs. It is a workplace where relatively small
quantities of hazardous chemicals are used on a non-production basis.
Laboratory scale. Work with substances in which the
containers used for reactions, transfers, and other handling of substances are
designed to be easily and safely manipulated by one person. "Laboratory scale"
excludes those workplaces whose function is to produce commercial quantities of
materials.
Laboratory-type hood. A device located in a laboratory,
enclosed on five sides with a movable sash or fixed partial enclosure on the
remaining side; constructed and maintained to draw air from the laboratory and
to prevent or minimize the escape of air contaminants into the laboratory; and
allows chemical manipulations to be conducted in the enclosure without
insertion of any portion of the employee's body other than hands and
arms.
Walk-in hoods with adjustable sashes meet the above
definition provided that the sashes are adjusted during use so that the airflow
and the exhaust of air contaminants are not compromised and employees do not
work inside the enclosure during the release of airborne hazardous
chemicals.
Laboratory use of hazardous chemicals. Handling or use
of such chemicals in which all of the following conditions are
met:
(1) Chemical
manipulations are carried out on a "laboratory scale";
(2) Multiple chemical procedures or chemicals
are used;
(3) The procedures
involved are not part of a production process, nor in any way simulate a
production process; and
(4)
"Protective laboratory practices and equipment" are available and in common use
industry-wide to minimize the potential for employee exposure to hazardous
chemicals.
Medical consultation. A consultation which takes place
between an employee and a licensed physician for the purpose of determining
what medical examinations or procedures, if any, are appropriate in cases where
a significant exposure to a hazardous chemical may have taken place.
Mutagen. Chemicals that cause permanent changes in the
amount or structure of the genetic material in a cell. Chemicals classified as
mutagens in accordance with the Hazard Communication Standard (Section
5194) shall be considered mutagens
for purposes of this section.
Physical hazard. A chemical that is classified as
posing one of the following hazardous effects: Explosive; flammable (gases,
aerosols, liquids, or solids); combustible liquid; oxidizer (liquid, solid, or
gas); self-reactive; pyrophoric (gas, liquid or solid); self-heating; organic
peroxide; corrosive to metal; gas under pressure; in contact with water emits
flammable gas; water-reactive; or combustible dust. The criteria for
determining whether a chemical is classified as a physical hazard are in
Appendix B of the Hazard Communication Standard (Section
5194) and Section
5194(c)
(definitions of "combustible dust," "combustible liquid," "water-reactive" and
"pyrophoric gas").
Protective laboratory practices and equipment. Those
laboratory procedures, practices and equipment accepted by laboratory health
and safety experts as effective, or that the employer can show to be effective,
in minimizing the potential for employee exposure to hazardous
chemicals.
Reproductive toxins. Chemicals which affect the
reproductive capabilities including chromosomal damage (mutations), effects on
fetuses (teratogenesis), adverse effects on sexual function and fertility in
adult males and females, as well as adverse effects on the development of the
offspring. Chemicals classified as reproductive toxins in accordance with the
Hazard Communication Standard (Section
5194) shall be considered
reproductive toxins for purposes of this section.
Select carcinogen. Any substance which meets one of the
following criteria:
(1) It
is regulated by Cal/OSHA as a carcinogen; or
(2) It is listed under the category, "known
to be carcinogens," in the Annual Report on Carcinogens published by the
National Toxicology Program (NTP) (1985 edition); or
(3) It is listed under Group 1 ("carcinogenic
to humans") by the International Agency for Research on Cancer Monographs
(IARC) (Volumes 1-48 and Supplements 1-8); or
(4) It is listed in either Group 2A or 2B by
IARC or under the category, "reasonably anticipated to be carcinogens" by NTP,
and causes statistically significant tumor incidence in experimental animals in
accordance with any of the following criteria:
(A) After inhalation exposure of 6-7 hours
per day, 5 days per week, for a significant portion of a lifetime to dosages of
less than 10 mg/m3;
(B) After repeated skin application of less
than 300 mg/kg of body weight per week; or
(C) After oral dosages of less than 50 mg/kg
of body weight per day.
(c) Exposure limits. For laboratory uses of
Cal/OSHA regulated substances, the employer shall ensure that laboratory
employees' exposures to such substances do not exceed the exposure limits
specified in Title 8, California Code of Regulations, Group 16, Section
5139 et seq., of the General
Industry Safety Orders.
(d)
Employee exposure determination
(1) Initial
monitoring. The employer shall measure the employee's exposure to any substance
regulated by a standard which requires monitoring if there is reason to believe
that exposure levels for that substance exceed the action level (or in the
absence of an action level, the exposure limit). The person supervising,
directing or evaluating the monitoring shall be competent in industrial hygiene
practice.
(2) Periodic monitoring.
If the initial monitoring prescribed by subsection
5191(d)(1)
discloses employee exposure over the action level (or in the absence of an
action level, the exposure limit), the employer shall immediately comply with
the exposure monitoring provisions of the relevant regulation.
(3) Termination of monitoring. Monitoring may
be terminated in accordance with the relevant regulation.
(4) Employee notification of monitoring
results. The employer shall, within 15 working days after the receipt of any
monitoring results, notify the employee of these results in writing either
individually or by posting results in an appropriate location that is
accessible to employees.
(e) Chemical hygiene plan.
(1) Where hazardous chemicals as defined by
this regulation are used in the workplace, the employer shall develop and carry
out the provisions of a written Chemical Hygiene Plan which is:
(A) Capable of protecting employees from
health hazards associated with hazardous chemicals in that laboratory
and
(B) Capable of keeping
exposures below the limits specified in subsection
5191(c).
(2) The Chemical Hygiene Plan shall be
readily available to employees. employee representatives and, upon request, to
the Chief.
(3) The Chemical Hygiene
Plan shall include each of the following elements and shall indicate specific
measures that the employer will take to ensure laboratory employee protection;
(A) Standard operating procedures relevant to
safety and health considerations to be followed when laboratory work involves
the use of hazardous chemicals:
(B)
Criteria that the employer will use to determine and implement control measures
to reduce employee exposure to hazardous chemicals including engineering
controls, the use of personal protective equipment and hygiene practices;
particular attention shall be given to the selection of control measures for
chemicals that are known to be extremely hazardous;
(C) A requirement that fume hoods comply with
Section 5154.1, that all protective
equipment shall function properly and that specific measures shall be taken to
ensure proper and adequate performance of such equipment;
(D) Provisions for employee information and
training as prescribed in subsection
5191(f);
(E) The circumstances under which a
particular laboratory operation, procedure or activity shall require prior
approval from the employer or the employer's designee before
implementation;
(F) Provisions for
medical consultation and medical examinations in accordance with subsection
5191(g);
(G) Designation of personnel responsible for
implementation of the Chemical Hygiene Plan including the assignment of a
Chemical Hygiene officer and, if appropriate, establishment of a Chemical
Hygiene Committee; and
(H)
Provisions for additional employee protection for work with particularly
hazardous substances. These include "select carcinogens," reproductive toxins
and substances which have a high degree of acute toxicity. Specific
consideration shall be given to the following provisions which shall be
included where appropriate;
1. Establishment
of a designated area;
2. Use of
containment devices such as fume hoods or glove boxes;
3. Procedures for safe removal of
contaminated waste; and
4.
Decontamination procedures.
(4) The employer shall review and evaluate
the effectiveness of the Chemical Hygiene Plan at least annually and update it
as necessary.
Note: Appendix A of this section is
non-mandatory but provides guidance to assist employers in the development of
the Chemical Hygiene Plan.
(f) Employee information and training.
(1) The employer shall provide employees with
information and training to ensure that they are apprised of the hazards of
chemicals present in their work area. Information and training may relate to an
entire class of hazardous substances to the extent appropriate.
(2) Such information shall be provided at the
time of an employee's initial assignment to a work area where hazardous
chemicals are present and prior to assignments involving new exposure
situations. The frequency of refresher information and training shall be
determined by the employer.
(3)
Information. Employees shall be informed of:
(A) The contents of this regulation and its
appendices which shall be available to employees;
(B) The location and availability of the
employer's Chemical Hygiene Plan;
(C) The exposure limits for Cal/OSHA
regulated substances or recommended exposure limits for other hazardous
chemicals where there is no applicable Cal/OSHA regulation;
(D) Signs and symptoms associated with
exposures to hazardous chemicals used in the laboratory; and
(E) The location and availability of known
reference material on the hazards, safe handling, storage and disposal of
hazardous chemicals found in the laboratory including, but not limited to,
Safety Data Sheets received from the chemical supplier.
(4) Training.
(A) Employee training shall include;
1. Methods and observations that may be used
to detect the presence or release of a hazardous chemical (such as monitoring
conducted by the employer, continuous monitoring devices, visual appearance or
odor of hazardous chemicals when being released, etc.);
2. The physical and health hazards of
chemicals in the work area; and
3.
The measures employees can take to protect themselves from these hazards,
including specific procedures the employer has implemented to protect employees
from exposure to hazardous chemicals, such as appropriate work practices,
emergency procedures, and personal protective equipment to be
used.
(B) The employee
shall be trained on the applicable details of the employer's written Chemical
Hygiene Plan.
(g) Medical consultation and medical
examinations.
(1) The employer shall provide
all employees who work with hazardous chemicals an opportunity to receive
medical attention, including any follow-up examinations which the examining
physician determines to be necessary, under the following circumstances;
(A) Whenever an employee develops signs or
symptoms associated with a hazardous chemical to which the employee may have
been exposed in the laboratory, the employee shall be provided an opportunity
to receive an appropriate medical examination.
(B) Where exposure monitoring reveals an
exposure level above the action level (or in the absence of an action level,
the exposure limit) for a Cal/OSHA regulated substance for which there are
exposure monitoring and medical surveillance requirements, medical surveillance
shall be established for the affected employee as prescribed by the particular
standard.
(C) Whenever an event
takes place in the work area such as a spill, leak, explosion or other
occurrence resulting in the likelihood of a hazardous exposure, the affected
employee shall be provided an opportunity for a medical consultation. Such
consultation shall be for the purpose of determining the need for a medical
examination.
(2) All
medical examinations and consultations shall be performed by or under the
direct 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.
(3) Information provided to
the physician. The employer shall provide the following information to the
physician;
(A) The identity of the hazardous
chemical(s) to which the employee may have been exposed;
(B) A description of the conditions under
which the exposure occurred including quantitative exposure data, if available;
and
(C) A description of the signs
and symptoms of exposure that the employee is experiencing, if
any.
(4) Physician's
written opinion.
(A) For examination or
consultation required under this standard, the employer shall obtain a written
opinion from the examining physician which shall include the following;
1. Any recommendation for further medical
follow-up;
2. The results of the
medical examination and any associated tests, if requested by the
employee;
3. Any medical condition
which may be revealed in the course of the examination which may place the
employee at increased risk as a result of exposure to a hazardous chemical
found in the workplace; and
4. A
statement that the employee has been informed by the physician of the results
of the consultation or medical examination and any medical condition that may
require further examination or treatment.
(B) The written opinion shall not reveal
specific findings of diagnoses unrelated to occupational
exposure.
(h)
Hazard identification.
(1) With respect to
labels and safety data sheets;
(A) Employers
shall ensure that labels on incoming containers of hazardous chemicals are not
removed or defaced.
(B) Employers
shall maintain in the workplace any safety data sheets that are received with
incoming shipments of hazardous chemicals, and ensure that they are readily
accessible to laboratory employees during each work shift when they are in
their work area(s).
(2)
The following provisions shall apply to chemical substances developed in the
laboratory;
(A) If the composition of the
chemical substance which is produced exclusively for the laboratory's use is
known, the employer shall determine if it is a hazardous chemical as defined in
subsection 5191(b). If the
chemical is determined to be hazardous, the employer shall provide appropriate
training as required under subsection
5191(f).
(B) If the chemical produced is a byproduct
whose composition is not known, the employer shall assume that the substance is
hazardous and shall implement subsection
5191(e).
(C) If the chemical substance is produced for
commercial purposes by another user outside of the laboratory, the employer
shall comply with the Hazard Communication Standard (Section
5194) including the requirements
for preparation of safety data sheets and
labeling.
(i)
Use of respirators.
Where the use of respirators is necessary to maintain
exposure below permissible exposure limits, the employer shall provide, at no
cost to the employee, the proper respiratory equipment. Respirators shall be
selected and used in accordance with the requirements of Section
5144.
(j) Recordkeeping.
(1) The employer shall establish and maintain
for each employee an accurate record of any measurements taken to monitor
employee exposures and any medical consultation and examinations including
tests or written opinions required by this regulation.
(2) The employer shall ensure that such
records are kept, transferred, and made available in accordance with Section
3204.
(k) Dates
(1) Employers shall have developed and
implemented a written Chemical Hygiene Plan no later than October 31,
1991.
(2) Subsection (a) (2) shall
not take effect until the employer has developed and implemented a written
Chemical Hygiene Plan.
(l) 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.
1. New
section filed 3-25-91; operative 4-24-91 (Register 91, No. 17).
2.
Editorial correction of printing errors (Register 92, No. 33).
3.
Change without regulatory effect amending Appendix B subsections (b)1. and
(c)1. filed 12-28-92 pursuant to section
100, title 1, California Code of
Regulations (Register 93, No. 1).
4. Editorial correction of
Appendix A subsection D.11.(b) (Register 95, No. 24).
5. Amendment
of Appendix A, subsection E.1.(a) filed 1-18-2012; operative 1-18-2012 pursuant
to Labor Code section
142.3(a)(4)(C).
Submitted to OAL for printing only pursuant to Labor Code section
142.3(a)(3)
(Register 2012, No. 3).
6. Amendment of definitions within
subsection (b) and amendment of subsections (f)(3)(E), (h)(1)(B) and (h)(2)(C)
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).
7. Amendment of definitions within
subsection (b) and amendment of subsections (f)(3)(E), (h)(1)(B) and (h)(2)(C)
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).
8. Repealer of 11-6-2013 order by operation
of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No.
19).
9. Amendment of subsection (b) repealing definitions of
"Combustible Liquid," "Flammable" and "Flashpoint" filed 5-5-2014; operative
5-6-2014 pursuant to Government Code section
11343.4(b)(3)
(Register 2014, No. 19).
10. Amendment of definitions within
subsection (b) and amendment of subsections (f)(3)(E), (h)(1), (h)(1)(B) and
(h)(2)(C) filed 5-5-2014; operative 5-6-2014 pursuant to Government Code
section
11343.4(b)(3)
(Register 2014, No. 19).
11. Change without regulatory effect
amending subsection (b), definition of "Laboratory scale" filed 9-27-2017
pursuant to section
100, title 1, California Code of
Regulations (Register 2017, No. 39).
Note: Authority cited: Sections
142.3 and
9020, Labor
Code. Reference: Sections
142.3,
9004(d),
9009 and
9020, Labor
Code.
