Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Scope, Application and Definitions.
(1) Scope.
(A) This section applies to work in the
following facilities, service categories or operations:
1. Operations involving the management,
capture, sampling, transportation or disposal of wild birds or other
wildlife.
2. Farms producing
animals or animal products, including the transport of animals and untreated
animal products, byproducts, or wastes to or from farms.
3. Slaughterhouses and initial processing
facilities for untreated animal products, byproducts, or wastes.
4. Veterinary, animal inspection, and other
animal health operations.
5.
Importers of live animals and untreated animal products.
6. Zoos, animal parks, pet stores and other
operations in which animals are displayed, transported, or housed.
7. Laboratory operations involving samples,
cultures, or other materials potentially containing zoonotic aerosol
transmissible pathogens (zoonotic ATPs).
8. Zoonotic ATP incident response operations
as defined below.
(B)
This section does not apply to restaurants or facilities or portions of
facilities in which the sole exposure to animal products, byproducts, or wastes
comes from carcasses or portions thereof that have passed an inspection
conducted in accordance with regulations of the USDA or CDFA and have been
determined to be fit for human consumption.
(2) Application.
(A) Basic requirements applicable to all
covered employers. Every employer with facilities, operations or services that
are within the scope of this standard shall establish, implement, and maintain
effective procedures for preventing employee exposure to zoonotic aerosol
transmissible pathogens in accordance with Section
3203 of these orders. These
procedures shall include sanitation, investigation of occupational injuries and
illnesses, training, and where applicable, biosecurity and the use of personal
protective equipment. Training shall cover all of the employer's exposure
control procedures required by this subsection, and shall be appropriate in
content and vocabulary for the educational level, literacy, and language of
employees. An employer is not required to comply with any requirement of this
standard beyond what is contained in this subsection if they do not have
employees who participate in or are exposed to any of the work operations
listed below in subsections (a)(2)(B) through (a)(2)(G). This subsection does
not exclude the application of Section
3203 to zoonotic diseases that are
not transmitted by infectious aerosols.
(B) In addition to complying with subsection
(a)(2)(A), employers shall also comply with subsections (b) and (e) if they
have work operations that involve:
1.
capturing or sampling of wildlife for the purpose of determining whether they
are infected with zoonotic ATPs, or
2. collecting and disposing of wildlife for
which an alert regarding the potential of zoonotic ATP infection has been
issued by the CDC, CDFA, CDFG, CDPH, USDA, or USDOI, and the alert is
applicable to the employer's operations based on conditions specified in the
alert, e.g., the geographic area and the species or type of
animal.
(C) In addition
to complying with subsection (a)(2)(A), employers shall also comply with
subsections (c) and (e) if they have establishments or operations for which the
USDA or CDFA have issued a quarantine order, movement restriction, or other
infection control order due to an increased risk of zoonotic ATP
infection.
(D) In addition to
complying with subsection (a)(2)(A), employers shall also comply with
subsections (d) and (e) if they have work operations that involve:
1. handling, culling, transporting, killing,
eradicating, or disposing of animals infected with zoonotic ATPs as defined in
subsection (a)(4), or
2. cleaning
or disinfecting areas used, or previously used, to contain such animals or
their wastes.
(E)
Laboratory operations. Laboratory operations involving samples, cultures, or
other materials potentially containing zoonotic ATPs shall comply with Section
5199(f) of these
orders.
(F) Vertebrate animal
research facilities shall comply with this standard by performing and
documenting a risk assessment and adopting control measures consistent with
Biosafety in Microbiological and Biomedical Laboratories. These facilities
shall also comply with subsection (e) of this standard. Where the risk
assessment determines that ABSL-3 or above practices are required the employer
shall also comply with subsection (d).
(G) Hazardous Waste and Emergency Response
Operations shall also comply with Section
5192 of these
orders.
(3) The employer
shall provide all safeguards required by this section, including provision of
personal protective equipment, respirators, training, and medical services, at
a reasonable time and place for the employee, at no cost to the employee, and
during the employee's working hours.
(4) Definitions.
Aerosol. A suspension of liquid or solid particles in
the air, including droplets, droplet nuclei, fomites, and dusts.
Aerosol transmissible pathogen (ATP). A pathogen that
is transmitted by liquid or solid particles in the air, including droplets,
droplet nuclei, fomites and dusts.
Alert. A public announcement or notification by a local
health officer, or California or federal agency, regarding a detected zoonotic
ATP hazard. This notification may be issued for a species or type of animal
and/or a geographic area.
Animal Biosafety Level 3 (ABSL-3). Compliance with the
criteria for work practices, safety equipment, and facility design and
construction recommended by the CDC in Biosafety in Microbiological and
Biomedical Laboratories for work with laboratory animals infected with
indigenous or exotic agents, agents that present a potential for aerosol
transmission and agents causing serious or potentially lethal disease.
Animals infected with zoonotic ATPs. Animals that (1)
have been diagnosed with a zoonotic ATP through recognized testing methods or
(2) meet the clinical definition of a suspect case of infection with a zoonotic
ATP or (3) have been identified by the CDFA, CDFG, USDA, or USDOI as requiring
isolation, quarantine, or destruction due to suspected or confirmed
infection.
Animal waste. Animal carcasses, excrement, contaminated
litter, or debris from the bodies of animals, such as feathers or
dander.
Biosafety in Microbiological and Biomedical
Laboratories (BMBL). Biosafety in Microbiological and Biomedical Laboratories,
Fifth Edition, CDC and National Institutes for Health, 2007, which is hereby
incorporated by reference for the purpose of establishing requirements for risk
assessments and control measures in vertebrate animal research
facilities.
Biosecurity procedures. Control measures, such as
traffic control, disinfection, and isolation, that are implemented to reduce
the risk of transmission of infection into, from, or within an establishment.
The purpose of biosecurity measures is to prevent direct or indirect
animal-to-animal transmission of zoonotic ATPs, release of pathogens into the
environment, and infection of people who may come into contact with animals or
areas where animals are housed, or with debris from those areas. The specific
biosecurity measures necessary depend on the type of operation conducted by the
employer. Typically, no provision for biosecurity other than the use of common
sanitation measures is required for incidental removal of animal carcasses or
other wastes, unless the activity may result in the introduction of pathogens
into areas where animals are kept or housed, or unless the animal is the
subject of an applicable alert or disease control order.
CDFA. California Department of Food and
Agriculture.
CDFG. California Department of Fish and Game.
CDC. United States Centers for Disease Control and
Prevention.
CDPH. California Department of Public Health and its
predecessor the California Department of Health Services.
Chief. The Chief of the Division of Occupational Safety
and Health of the Department of Industrial Relations or his or her designated
representative.
Decontamination. The removal of hazardous substances
from employees and their equipment to the extent necessary to preclude the
occurrence of foreseeable adverse health effects.
Immediately dangerous to life or health (IDLH). An
atmosphere that poses an immediate threat to life, would cause irreversible
adverse health effects, or would impair an individual's ability to
escape.
Local health officer. The health officer for the local
jurisdiction responsible for receiving and/or sending reports of communicable
diseases, as defined in Title 17 of the California Code of Regulations.
NIOSH. The director of the National Institute for
Occupational Safety and Health, CDC, or his or her designated
representative.
Occupational exposure. Reasonably anticipated work
exposure to a source of zoonotic ATPs under conditions that, without the use of
protective measures, create a significant risk of contracting the disease
caused by the pathogen. Examples of such conditions include: conducting
diagnostic sampling of animals reasonably suspected of infection, performing
animal husbandry activities with flocks quarantined due to an increased risk of
infection with zoonotic ATPs, and disposing of infected animal carcasses or
their wastes.
Oxygen deficient atmosphere. An atmosphere with an
oxygen content below 19.5% by volume.
Physician or other licensed healthcare professional
(PLHCP). An individual whose legally permitted scope of practice in California
allows him or her to provide independently or be delegated the responsibility
to provide some or all of the health care services required by this
section.
Untreated animal products, byproducts, or wastes.
Materials derived from animals that have not been processed in a manner that
will deactivate zoonotic ATPs the materials may contain. "Untreated animal
products, byproducts, or wastes" do not include animal carcasses or portions
thereof that have passed an inspection in accordance with the standards of the
USDA or CDFA and have been determined to be fit for human consumption.
USDA. United States Department of Agriculture.
USDOI. United States Department of the Interior, or any
of its agencies, including the United States Fish and Wildlife Service and the
United States Geological Survey.
Wildlife. Wild birds and other animals that are not
domesticated, including their remains and wastes.
Zoonotic aerosol transmissible pathogen (Zoonotic ATP).
A disease agent that is transmissible from animals to humans by aerosol, and is
capable of causing human disease. Zoonotic ATPs include pathogens that are
classified as transmissible either by droplets or by an airborne route.
Zoonotic ATP incident response. Operations conducted to
control an outbreak of an animal disease involving the destruction and/or
disposal of animals infected with zoonotic ATPs and the clean up,
decontamination and disinfection of areas and equipment associated with the
infected animals or their remains.
(b) Exposure to potentially infectious
wildlife.
(1) The employer shall establish,
implement, and maintain effective written procedures for operations that
involve capturing or sampling of wildlife to detect the presence of infection
with zoonotic ATPs, or the collecting and disposing of wildlife for which an
alert regarding the potential of zoonotic ATP infection has been issued by the
CDC, CDFA, CDFG, CDPH, USDA or USDOI. These procedures shall be kept available
at the site of all work operations covered by this subsection.
(2) These procedures shall include:
(A) work procedures that minimize the
production of aerosols,
(B) use of
personal protective equipment,
(C)
cleaning and decontamination procedures,
(D) medical services as recommended by the
CDC, CDPH or Local Health Officer, and
(E) training.
(3) These procedures shall include the use of
a respirator at least as effective as an N95 filtering facepiece respirator, in
accordance with Section
5144 of these orders, whenever:
(A) there is an increased potential of
exposure to infectious aerosols, such as when handling animals in an enclosed
or indoor area,
(B) responding to a
mortality event involving a significant number of animals, or
(C) there are animal-related dusts in the
environment that are reasonably likely to be an aerosol infection hazard to
employees.
(c)
When the USDA or the CDFA issues a quarantine order, movement restriction, or
other infection control order applicable to an establishment due to an
increased risk of zoonotic ATP infection, the employer shall establish,
implement and maintain effective written zoonotic disease control procedures to
protect employees from hazards related to undetected or early infection in
animals. These procedures shall be available onsite at all times when employees
are present, and shall include the following elements:
(1) The employer shall identify restricted
areas in which occupational exposure to potentially infectious animals may
occur and shall post signs at all entrances to those areas identifying them as
restricted areas. These signs shall be in all languages necessary to ensure
that they are understood by all employees who may be in the vicinity of an
entrance to the restricted area.
(2) The employer shall ensure that all
employees who enter into restricted areas are protected as follows:
(A) Those employees who enter into the
restricted area shall be supervised by a person who is knowledgeable in the
employer's zoonotic disease control procedures.
(B) The employer shall provide those
employees with, and the employer shall ensure that the employees use,
protective clothing and equipment, such as coveralls or similar whole-body
clothing, head coverings, gloves, and foot coverings. The employer shall
provide for the disposal or laundering of this clothing and equipment in a
manner that will not further expose employees to potentially infectious
materials. Laundry shall be handled in accordance with Section
5193(d)(3)(J) of
these orders. Where the disease may be transmitted by contact with the eyes or
mucous membranes, appropriate eye, mouth and nose protection shall be used. The
use of personal protective equipment shall comply with Sections
3380 through
3387 of these orders.
(C) The employer shall provide, and ensure
that the employees use approved respiratory protection when entering into
enclosed areas in which aerosols from potentially infectious animals or animal
wastes are present. Respirator use shall be in accordance with Section
5144 of these orders.
(D) The employer shall provide sanitary
facilities, change rooms, shower rooms, and drinking water, and a method to
access them. These facilities shall meet the requirements of Sections
3360 through
3368 of these orders.
EXCEPTION: Where change rooms and shower rooms are not
feasible, the employer shall implement alternative measures for sanitation and
changing clothes that protect employees from infectious materials that may be
present on their clothing or their person.
(E) The employer shall provide all medical
services, including surveillance, vaccinations, and prophylaxis recommended by
the CDC, CDPH or local health officer for exposed employees.
(F) The employer shall provide training that
is appropriate in content and vocabulary for the educational level, literacy,
and language of employees. This training shall include the nature of the
zoonotic disease hazard, the employer's control measures, the use of personal
protective equipment and respiratory protective equipment, decontamination
procedures, the employer's medical services program including recommended
surveillance, evaluations, vaccinations and prophylaxis, and heat illness
prevention.
(G) The employer shall
establish procedures for recording the entry of persons into the restricted
area. These records shall be maintained and made available in accordance with
subsection (e).
(3) The
additional protective measures required by subsection (c) are no longer
required if testing acceptable to the agency placing the movement restriction,
quarantine or other infection control order determines that the premises is
free from infection, and is no longer at increased risk, although the movement
restriction may remain in place.
(d) Every employer with work operations
involving handling, culling, transporting, killing, eradicating, or disposing
of animals infected with zoonotic ATPs, or the cleaning and disinfection of
areas used, or previously used, to contain such animals or their wastes, shall
establish, implement, and maintain written zoonotic disease control procedures
to control the risk of transmission of disease from the animals to employees.
These procedures shall be available onsite at all times when employees are
present, and shall be maintained as an employee exposure record, in accordance
with Section
3204 of these orders.
(1) The written procedures shall include all
of the following as they apply to the employer's operation:
(A) A detailed work plan including an
assessment of the risks to employees, including biological, chemical, physical,
and safety hazards, and a description of site control measures including
designating a restricted area consisting of contaminated zones and contaminant
reduction zones. Support equipment and personnel shall be staged outside of the
restricted area.
(B) A list of all
jobs, tasks or procedures in which employees may have occupational
exposure.
(C) The measures the
employer will use to control employee exposure, including each of the
following:
1. Engineering controls, work
practice controls, and exposure monitoring.
2. Procedures for the safe handling of
hazardous substances, including hazardous substances used for disinfection and
decontamination.
3. Procedures for
the application of toxic or asphyxiant gases, if such gases are to be used in
the operation.
4. Respiratory
protection.
5. Personal protective
equipment and protective clothing.
6. Decontamination procedures.
7. Disposal of animal waste and contaminated
personal protective equipment.
8.
Medical services.
9.
Training.
10.
Recordkeeping.
(D)
Procedures to provide employees ready or frequent access to drinking water and
sanitation facilities, including appropriate decontamination methods for
employees who need to access these facilities.
(E) Procedures to protect employees from the
risk of heat illness.
(2)
Operations in the restricted area shall be supervised at all times by a person
knowledgeable about and authorized by the employer to enforce the employer's
zoonotic disease control procedures. The supervisor shall ensure that all
persons entering the restricted area have been trained in the control
procedures applicable to the site or operation and are protected in accordance
with this section. The supervisor shall record the identity and time of entry
and exit for each person who enters and/or exits the restricted area. These
records shall be maintained and made available in accordance with subsection
(e).
(3) The employer shall provide
and ensure that employees use personal protective equipment and clothing that
meets the requirements of Sections
3380 through
3387 of these orders and is
adequate to ensure that hazardous substances and contaminated fluids and
aerosols do not penetrate to the employee's mucous membranes or skin. The
equipment and clothing shall be reasonably comfortable and shall not unduly
encumber the employee's movements necessary to perform the work. The equipment
and clothing shall be compatible with decontamination and disposal methods
available at the site.
(4)
Respiratory Protection. The employer shall provide and ensure that employees
use appropriate respiratory protection during operations in the restricted area
in accordance with Section
5144 of these orders, unless the
employer has demonstrated through objective evidence, that engineering and work
practice controls have eliminated the risk of disease transmission to
employees. Respirator selection shall be based on the infectious disease hazard
and on any hazardous substances that may require respiratory protection.
Respirators shall be used until work areas have been decontaminated. Employees
who work in enclosed areas shall use, at a minimum, elastomeric facepiece
respirators or powered air purifying respirators (PAPR) with appropriate
cartridges, unless the employer has demonstrated through objective evidence,
that such use is not necessary to protect employees. The employer shall provide
and ensure that employees use appropriate eye protection, unless employees use
full facepiece respirators or PAPRs that provide eye protection.
(5) Additional procedures for the application
of toxic or asphyxiant gases. Employers whose work operations include areas in
which toxic or asphyxiant gases are applied shall develop and implement written
procedures that ensure all of the following:
(A) Prior to the application of toxic or
asphyxiant gases to occupiable areas, the employer shall take positive measures
to ensure that no person is in areas to which gas is applied, unless that
person is protected by all of the measures required in Section
5144(g) of these
orders for atmospheres that are immediately dangerous to life or health (IDLH).
The completion of the measures shall be documented in writing and the
documentation shall be signed by the supervisor of the restricted area. These
measures shall include, but not be limited to, each of the following:
1. A physical or visual search of the
area.
2. An audible or visual
warning that is distinctive and recognizable by all persons in the
area.
3. An accounting for all
personnel who are known to be in the restricted zone.
(B) Signs shall be posted at all possible
entry points to the area prior to the application of gases. The signs shall be
visible from a distance of 12 feet and clearly display the words "Danger -- Do
Not Enter," the poison symbol shown in Appendix A, and the name of the gas
being applied. The signs shall be in all languages necessary to be understood
by employees. Employees shall be prohibited from entering the area once the
signs have been posted unless the employees enter under procedures for IDLH
atmospheres as required by Section
5144(g).
(C) The area shall be effectively ventilated
prior to the re-entry of employees. Ventilation shall be accomplished in a
manner that does not endanger employees working in other areas of the
site.
(D) The signs required by
subsection (d)(5)(B) shall not be removed until the employer has tested the
atmosphere in the area and determined that it is not oxygen deficient, does not
contain an atmosphere that is IDLH, and does not exceed the ceiling or short
term exposure limits in Section
5155 of these orders for the
applied gases. The employer shall ensure that the testing represents all
potential exposures in the area. The results of this testing shall be recorded,
including the specific area in which the measurements were taken, the date and
time of the measurements, and the name and title of the person taking the
measurements. This record shall be posted at the entrance to the area for the
duration of the work operation, and then shall be retained in accordance with
subsection (e).
(E) Continuous
monitoring for oxygen deficiency and toxic gases shall be conducted in areas in
which employees are working adjacent to the area of application and where a
hazardous atmosphere may exist. Employees shall be directed to exit the area
immediately if an oxygen deficient atmosphere is detected or if toxic
substances are detected at levels which exceed the permissible exposure limits
in Section 5155 of these orders, independent
of the duration of exposure. The area shall be posted as described in
subsection (d)(5)(B), and entry shall be prohibited except under IDLH
procedures, until the employer has verified that the area is safe for re-entry
in accordance with subsection (d)(5)(D).
(F) Where employees enter confined spaces,
the employer shall comply with Section
5157 of these orders.
(G) Fumigation operations shall also comply
with Sections
5221 through
5223 of these
orders.
(6) Disposal.
Procedures for treatment and disposal of animal waste and contaminated personal
protective equipment and clothing shall minimize employee exposure to zoonotic
disease hazards, and shall be in accordance with applicable standards of the
California Environmental Protection Agency and the United States Environmental
Protection Agency.
(7)
Decontamination. The employer shall ensure that employees are properly
decontaminated when leaving the restricted area and that contaminated clothing
and equipment are appropriately decontaminated or disposed of. Decontamination
facilities shall include change rooms and shower facilities that meet the
requirements of Sections
3360 through
3368 of these orders.
EXCEPTION: Where change rooms and shower facilities are
not feasible, the employer shall implement alternative effective measures for
decontamination and changing clothes that protect employees from infectious
materials and hazardous substances that may be present on their clothing or
their person.
(8) Medical
Services. The employer shall provide a medical services program to all
employees who enter the restricted area. The employer shall consult a PLHCP
knowledgeable about chemical and zoonotic disease hazards in developing the
program. The program shall maintain medical confidentiality in accordance with
Section 3204 of these orders. The employer
shall provide all vaccinations, prophlyaxis, and medical surveillance
recommended by the PLHCP, the CDC, the CDPH or the local health officer for
employees involved in these operations. The medical services program shall
include, at a minimum:
(A) Initial medical
evaluation to be provided prior to first entrance into a restricted area. This
shall include a respirator medical evaluation, in accordance with Section
5144(e) of these
orders.
(B) Surveillance for signs
and symptoms of zoonotic disease. Employees exhibiting signs or symptoms of
zoonotic disease and employees requesting referral shall be referred
immediately to the PLHCP for follow-up evaluation.
(C) Surveillance for signs and symptoms of
over-exposures to hazardous substances as appropriate for substances present in
the work operation. Employees exhibiting these signs or symptoms shall be
referred immediately to the PLHCP for follow-up evaluation, and the employer
shall further investigate the source of the potential over-exposure and take
corrective measures, as needed.
(D)
Provision of vaccinations or prophylaxis as recommended by the CDC, the CDPH,
the local health officer, or the PLHCP.
(E) Follow-up medical evaluations as
recommended by the CDC, the CDPH, the local health officer or the
PLHCP.
(F) The PLHCP shall provide
the employer with a written report that shall contain only the following
information:
1. For respirator medical
evaluations, information shall be limited to the information required in
Section 5144(e)(6)(A) of
these orders.
2. For provision of
vaccination or prophylaxis, the PLHCP shall inform the employer as to whether
the employee has been provided with vaccine and/or prophylaxis, and whether the
employee is authorized to enter the restricted area.
3. For referrals and follow-up medical
evaluations, the PLHCP shall inform the employer that the employee has received
the evaluation, whether additional evaluation is required, and whether the
employee is authorized to work in the restricted
area.
(9)
Training. Employees shall receive training upon initial assignment, when site
conditions are substantially changed, and when hazards are newly introduced or
newly recognized. Training shall be appropriate in content and vocabulary for
the educational level, literacy, and language of employees. The training shall
include each of the following as they apply to the work operation:
(A) The identification and description of the
zoonotic diseases that may be present in the work operation, and their signs
and symptoms.
(B) The processes and
procedures employees will use in restricted areas or when dealing with infected
animals or their waste.
(C) The
employer's safety program, including engineering and administrative controls,
exposure monitoring and the results of exposure monitoring, the use of personal
and respiratory protection equipment, cleaning and decontamination procedures,
access to sanitation facilities and drinking water, and methods to control the
risk of heat illness.
(D) The
meaning of signs that will be used onsite.
(E) Hazard communications training in
accordance with Section
5194 of these orders.
(F) The employer's medical services
program.
(e)
Recordkeeping. The employer shall establish and maintain records of
implementation of the employer's zoonotic disease control procedures as
follows:
(1) Records of implementation of
hazard identification, evaluation and control, and employee training required
by this section shall be created and maintained in accordance with Section
3203 of these orders.
(2) Employee exposure records, including the
employer's zoonotic disease control procedures as required by subsections (b),
(c), and (d), records of entry into restricted areas, records of atmospheric
testing, and records of exposures to hazardous substances shall be maintained
in accordance with Section
3204 of these orders.
(3) Employee medical records shall be
maintained in a confidential manner in accordance with Section
3204 of these orders.
(4) Records of the respiratory protection
program shall be established, maintained, and made available in accordance with
Sections 5144 and
3204 of these orders.
(5) Availability.
(A) Employee medical records required by this
section shall be provided upon request for examination and/or copying, in
accordance with Section
3204 of these orders, to the
subject employee, to anyone having the subject employee's written consent, and
to the Chief, NIOSH, and the local health officer.
(B) All other records shall be made available
upon request for examination and/or copying to employees, employee
representatives, the Chief, NIOSH, and the local health
officer.
1. New
section and Appendix A filed 7-6-2009; operative 8-5-2009 (Register 2009, No.
28).
Note: Authority cited: Section
142.3, Labor
Code. Reference: Section
142.3, Labor
Code.
