Current through Register 2024 Notice Reg. No. 38, September 20, 2024
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 (d), 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
(l) and, where appropriate, employees must be protected from
contact with liquid MC under subsection (h). The provisions of the MC standard
are as follows:
(a)
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.
(b)
Definitions. For the
purposes of this section, the following definitions shall apply:
Action level means a concentration of
airborne MC of 12.5 parts per million (ppm) calculated as an eight (8)-hour
time-weighted average (TWA).
Authorized person means 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 (d), or any other person
authorized by the Chief.
Chief means the Chief of the Division
of Occupational Safety and Health, or designee.
Emergency means 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 (f), it is not considered an
emergency as defined by this standard.
Employee exposure means exposure to
airborne MC which occurs or would occur if the employee were not using
respiratory protection.
Methylene chloride (MC) means 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.
NIOSH means the Director of the
National Institute for Occupational Safety and Health, U.S. Department of
Health and Human Services, or designee.
Physician or other licensed health care
professional 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 health care services required by subsection (j).
Regulated area means 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
8-hour TWA PEL or the STEL.
Symptom means 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.
(c)
Permissible exposure limits (PELs).
(1)
Eight-hour time-weighted average
(TWA) PEL. The employer shall 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 8-hour TWA.
(2)
Short-term exposure limit
(STEL). The employer shall 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.
(d)
Exposure monitoring.
(1)
Characterization of employee exposure.
(A) Where MC is present in the workplace, the
employer shall determine each employee's exposure by either:
1. Taking a personal breathing zone air
sample of each employee's exposure; or
2. Taking personal breathing zone air samples
that are representative of each employee's exposure.
(B)
Representative samples.
The employer may consider personal breathing zone air samples to be
representative of employee exposures when they are taken as follows:
1.
8-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.
2.
Short-term exposure
limits. The employer has taken one or more personal breathing zone air
samples which indicate the highest likely 15-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.
3.
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.
(C)
Accuracy of monitoring.
The employer shall ensure that the methods used to perform exposure monitoring
produce results that are accurate to a confidence level of 95 percent, and are:
1. Within plus or minus 25 percent for
airborne concentrations of MC above the 8-hour TWA PEL or the STEL;
or
2. Within plus or minus 35
percent for airborne concentrations of MC at or above the action level but at
or below the 8-hour TWA PEL.
(2)
Initial determination.
Each employer whose employees are exposed to MC shall perform initial exposure
monitoring to determine each affected employee's exposure, except under the
following conditions:
(A) 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 represent the highest MC exposures likely to occur under reasonably
foreseeable conditions of processing, use, or handling. The employer shall
document the objective data exemption as specified in subsection (m);
(B) Where the employer has performed exposure
monitoring within 12 months prior to the effective date of this section and
that exposure monitoring meets all other requirements of this section, and was
conducted under conditions substantially equivalent to existing conditions;
or
(C) Where employees are exposed
to MC on fewer than 30 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.
(3)
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.--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 8-hour TWA or STEL monitoring required. |
| Below the action level and above the
STEL. | No 8-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 8-hour TWA exposures every six
months. |
| At or above the action level, at the
STEL. | Monitor 8-hour TWA exposures every six months and monitor STEL
exposures every three months. |
| Above the TWA and at or below the
STEL. | Monitor 8-hour TWA exposures every three months. In addition,
without regard to the last sentence of the note to subsection (d)(3), the
following employers must monitor STEL exposures every three months until either
the date by which they must achieve the 8-hour TWA PEL under subsection (n) of
this section or the date by which they in fact achieve the 8-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 or resurfacing |
| Above the TWA and above the STEL. | Monitor
8-hour TWA exposures and STEL exposures every three months. |
Note to subsection (d)(3): The employer
may decrease the frequency of 8-hour TWA 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 8-hour TWA PEL. The employer may
discontinue the periodic 8-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.
(4)
Additional monitoring.(A)
The employer shall 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.
(B) Where
exposure monitoring is performed due to a spill, leak, rupture or equipment
breakdown, the employer shall clean-up the MC and perform the appropriate
repairs before monitoring.
(5)
Employee notification of
monitoring results.
(A) The employer
shall, within 15 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.
(B) Whenever monitoring results indicate that
employer exposure is above the 8-hour TWA PEL or the STEL, the employer shall
describe in the written notification the corrective action being taken to
reduce employee exposure to or below the 8-hour TWA PEL or STEL and the
schedule for completion of this action.
(6)
Observation of
monitoring.
(A)
Employee
observation. The employer shall provide affected employees or their
designated representatives an opportunity to observe any monitoring of employee
exposure to MC conducted in accordance with this section.
(B)
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 provide, at no cost to the observer(s), and the observer(s)
shall be required to use such clothing and equipment and shall comply with all
other applicable safety and health procedures.
(e)
Regulated areas.
(1) The employer shall establish a regulated
area whenever an employee's exposure to airborne concentrations of MC exceeds
or can reasonably be expected to exceed either the 8-hour TWA PEL or the
STEL.
(2) The employer shall limit
access to regulated areas to authorized persons.
(3) The employer shall supply a respirator,
selected in accordance with subsection (g)(3), to each person who enters a
regulated area and shall require each affected employee to use that respirator
whenever MC exposures are likely to exceed the 8-hour TWA PEL or STEL.
Note to subsection (e)(3): An employer who has
implemented all feasible engineering, work practice and administrative controls
(as required in subsection (f)), and who has established a regulated area (as
required by subsection (e)(1)) where MC exposure can be reliably predicted to
exceed the 8-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.
(4) The employer shall ensure that, within a
regulated area, employees do not engage in non-work activities which may
increase dermal or oral MC exposure.
(5) The employer shall 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.
(6) The
employer shall 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.
(7) An employer
at a multi-employer worksite who establishes a regulated area shall communicate
the access restrictions and locations of these areas to all other employers
with work operations at that worksite.
(f)
Methods of compliance.
(1)
Engineering and work practice
controls. The employer shall 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. 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 use them to
reduce employee exposure to the lowest levels achievable by these controls and
shall supplement them by the use of respiratory protection that complies with
the requirements of subsection (g).
(2)
Prohibition of rotation.
The employer shall not implement a schedule of employee rotation as a means of
compliance with the PELs.
(3)
Leak and spill detection.
(A) The employer shall implement procedures
to detect leaks of MC in the workplace. In work areas where spills may occur,
the employer shall make provisions to contain any spills and to safely dispose
of any MC-contaminated waste materials.
(B) The employer shall 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 (f)(3)(B): See Appendix A 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 §
5192(q).
(g)
Respiratory protection.
(1)
General requirements.
For employees who are required to use respirators by this section, the employer
must provide respirators that comply with the requirements of this subsection.
Respirators must be used during:
(A) Periods
when an employee's exposure to MC exceeds or can reasonably be expected to
exceed the 8-hour TWA PEL or the STEL (such as where an employee is using MC in
a regulated area);
(B) Periods
necessary to install or implement feasible engineering and work practice
controls;
(C) 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;
(D) Work operations for
which feasible engineering and work practice controls are not sufficient to
reduce exposures to or below the PELs; or
(E) Emergencies.
(2) Respirator program.
(A) The employer must institute a respirator
program in accordance with section
5144(b) through
(m) (except (d)(1)(C) and (d)(3)(C)2.a. and
b.).
(B) Employers who provide gas
masks with organic vapor canisters for the purpose of emergency escape shall
replace those canisters after any emergency use before those gas masks are
returned to service.
(3)
Respirator selection.
(A)
The employer must select, and provide to employees, appropriate
atmosphere-supplying respirators specified in Section
5144(d)(3)(A)1.;
however employers must not select or use half masks of any type because MC may
cause eye irritation or damage.
(B)
For emergency escape, the employer shall provide employees with one of the
following respirator options: A self-contained breathing apparatus operated in
the continuous-flow or pressure-demand mode; or a gas mask with an organic
vapor canister.
(h)
Protective Work Clothing and
Equipment.
(1) Where needed to
prevent MC-induced skin or eye irritation, the employer shall provide clean
protective clothing and equipment which is resistant to MC, at no cost to the
employee, and shall ensure that each affected employee uses it. Eye and face
protection shall meet the requirements of §
3382, as applicable.
(2) The employer shall clean, launder, repair
and replace all protective clothing and equipment required by this subsection
as needed to maintain their effectiveness.
(3) The employer shall be responsible for the
safe disposal of such clothing and equipment.
Note to subsection (h)(3): See Appendix A for examples
of disposal procedures that will satisfy this
requirement.
(i)
Hygiene facilities.
(1) 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 provide conveniently located
washing facilities capable of removing the MC, and shall ensure that affected
employees use these facilities as needed.
(2) 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 provide appropriate eyewash facilities within the immediate work area for
emergency use, and shall ensure that affected employees use those facilities
when necessary.
(j)
Medical surveillance.
(1)
Affected employees. The employer shall make medical surveillance available for
employees who are or may be exposed to MC as follows:
(A) At or above the action level on 30 or
more days per year, or above the 8-hour TWA PEL or the STEL on 10 or more days
per year;
(B) 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;
(C) During an emergency.
(2)
Costs. The employer
shall provide all required medical surveillance at no cost to affected
employees, without loss of pay and at a reasonable time and place.
(3)
Medical personnel. The
employer shall ensure that all medical surveillance procedures are performed by
a physician or other licensed health care professional, as defined in
subsection (b).
(4)
Frequency of medical surveillance. The employer shall make
medical surveillance available to each affected employee as follows:
(A)
Initial surveillance.
The employer shall provide initial medical surveillance under the schedule
provided by subsection (n)(2)(C), 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 12
months before the effective date of this section.
(B)
Periodic medical
surveillance. The employer shall update the medical and work history
for each affected employee annually. The employer shall provide periodic
physical examinations, including appropriate laboratory surveillance, as
follows:
1. For employees 45 years of age or
older, within 12 months of the initial surveillance or any subsequent medical
surveillance; and
2. For employees
younger than 45 years of age, within 36 months of the initial surveillance or
any subsequent medical surveillance.
(C)
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 be made available if six
months or more have elapsed since the last medical surveillance.
(D)
Additional surveillance.
The employer shall 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 36 months for employees younger than
45 years of age based upon evaluation of the results of the annual medical and
work history.)
(5)
Content of medical surveillance.
(A)
Medical and work
history. The comprehensive medical and work history shall emphasize
neurological symptoms, skin conditions, history of hematological 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 (j)(5)(A): See Appendix B for an
example of a medical and work history format that would satisfy this
requirement.
(B)
Physical examination. Where physical examinations are provided
as required above, the physician or other licensed health care professional
shall 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 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.
(C)
Laboratory surveillance.
The physician or other licensed health care professional shall 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 (j)(5)(C): See Appendix B for
information regarding medical tests. Laboratory surveillance may include
before- and after-shift carboxyhemoglobin determinations, resting ECG,
hematocrit, liver function tests and cholesterol levels.
(D)
Other information or
reports. The medical surveillance shall 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.
(6)
C
ontent of emergency medical surveillance. The employer shall
ensure that medical surveillance made available when an employee has been
exposed to MC in emergency situations includes, at a minimum:
(A) Appropriate emergency treatment and
decontamination of the exposed employee;
(B) Comprehensive physical examination with
special emphasis on the nervous system, cardiovascular system, lungs, liver and
skin, including blood pressure and pulse;
(C) Updated medical and work history, as
appropriate for the medical condition of the employee; and
(D) Laboratory surveillance, as indicated by
the employee's health status.
Note to subsection (j)(6)(D): See Appendix B for
examples of tests which may be appropriate.
(7)
Additional examinations and
referrals. Where the physician or other licensed health care
professional determines it is necessary, the scope of the medical examination
shall be expanded and the appropriate additional medical surveillance, such as
referrals for consultation or examination, shall be provided.
(8)
Information provided to the
physician or other licensed health care professional. The employer
shall provide the following information to a physician or other licensed health
care professional who is involved in the diagnosis of MC-induced health
effects:
(A) A copy of this section including
its applicable appendices;
(B) A
description of the affected employee's past, current and anticipated future
duties as they relate to the employee's MC exposure;
(C) 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;
(D) A description of any personal protective
equipment, such as respirators, used or to be used; and
(E) 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.
(9)
Written medical opinions.(A)
For each physical examination required by this section, the employer shall
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 15 days of completion of the evaluation of
medical and laboratory findings, but not more than 30 days after the
examination. The written medical opinion shall be limited to the following
information:
1. The physician or other
licensed health care professional's opinion concerning whether exposure to MC
may contribute to or aggravate the employee's existing cardiac, hepatic,
neurologic (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;
2. Any recommended limitations upon the
employee's exposure to MC including removal from MC exposure, or upon the
employee's use of respirators, protective clothing, or other protective
equipment;
3. 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
4. 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.
(B) The
employer shall 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 (j)(9)(B): The written medical
opinion may also include information and opinions generated to comply with
other Title 8 health standards.
(10)
Medical presumption.
For purposes of subsection (j), the physician or other licensed health care
professional shall 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 8-hour TWA PEL. If the
physician or other licensed health care professional recommends removal for an
employee exposed below the 8-hour TWA PEL, the physician or other licensed
health care professional shall cite specific medical evidence, sufficient to
rebut the presumption that exposure below the 8-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.
(11)
Medical
removal protection (MRP).
(A)
Temporary medical removal and return of an employee.
1. Except as provided in subsection (j)(10),
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:
a. Transfer the employee to comparable work
where methylene chloride exposure is below the action level; or
b. Remove the employee from MC
exposure.
2. 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:
a. The employer ensures that the employee
receives additional medical surveillance, including a physical examination at
least every 60 days until transfer or removal occurs; and
b. The employer or physician or other
licensed health care professional informs the employee of the risk to the
employee's health from continued MC exposure.
3. The employer shall 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.
(B) End of MRP benefits and return of the
employee to former job status.
1. The employer
may cease providing MRP benefits at the earliest of the following:
a. Six months;
b. 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;
c. Receipt of a medical determination that
the employee can never return to MC exposure.
2. For the purposes of subsection (j), 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.
(12)
Medical removal protection benefits.
(A) For purposes of subsection (j), 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.
(B) 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.
(C) If a removed employee
files a workers' compensation claim for an MC-related disability, the employer
shall continue the MRP benefits required by this subsection until either the
claim is resolved or the 6-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.
(D) 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 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.
(13)
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 provide medical removal
protection benefits to the employee equal to those required by subsection
(j)(12).
(14)
Multiple
health care professional review mechanism.
(A) If the employer selects the initial
physician or licensed health care professional to conduct any medical
examination or consultation provided to an employee under subsection (j)(11),
the employer shall 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 physician or other licensed health care professional.
(B) If the employee does not agree with the
employer-selected physician or other licensed health care professional,
notifies the employer of that fact, and takes steps to make an appointment with
a second physician or other licensed health care professional within 15 days of
receiving a copy of the written opinion of the initial physician or other
licensed health care professional, the employer shall pay for the physician or
other licensed health care professional chosen by the employee to perform at
least the following:
1. Review any findings,
determinations or recommendations of the initial physician or other licensed
health care professional; and
2.
Conduct such examinations, consultations, and laboratory tests as the physician
or other licensed health care professional deems necessary to facilitate this
review.
(C) If the
findings, determinations or recommendations of the second physician or other
licensed health care professional differ from those of the initial physician or
other licensed health care professional, then the employer and the employee
shall instruct the two health care professionals to resolve the
disagreement.
(D) If the two health
care professionals are unable to resolve their disagreement within 15 days,
then those two health care professionals shall jointly designate a physician or
other licensed health care professional who is a specialist in the field at
issue. The employee shall pay for the specialist to perform at least the
following:
1. Review the findings,
determinations and recommendations of the first two physicians or other
licensed health care professionals; and
2. Conduct such examinations, consultations,
laboratory tests, and discussions with the prior physicians or other licensed
health care professionals as the specialist deems necessary to resolve the
disagreements of the prior health care professionals.
(E) The written opinion of the specialist
shall be the definitive medical determination. The employer shall act
consistent with the definitive medical determination, unless the employer and
employee agree that the written opinion of one of the other two physicians or
other licensed health care professionals shall be the definitive medical
determination.
(F) The employer and
the employee or authorized employee representative may agree upon the use of
any expeditious alternate health care professional determination mechanism in
place of the multiple health care professional review mechanism provided by
this subsection so long as the alternate mechanism otherwise satisfies the
requirements contained in this subsection.
(k)
Hazard communication.
(1) Hazard communication--general.
(A) Chemical manufacturers, importers,
distributors and employers shall comply with all requirements of the Hazard
Communication Standard (HCS) (Section
5194) 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 include MC in the hazard communication program established to
comply with the HCS (Section
5194). Employers shall 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 (l) of this section.
(2) [Reserved]
(l)
Employee information and
training.
(1) The employer shall
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.
(2) The employer shall ensure
that information and training is presented in a manner that is understandable
to the employees.
(3) In addition
to the information required under §
5194:
(A) The employer shall 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;
(B) Wherever an
employee's exposure to airborne concentrations of MC exceeds or can reasonably
be expected to exceed the action level, the employer shall 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 8-hour TWA PEL or
STEL;
(4) The employer
shall train each affected employee as required under §
5194.
(5) The employer shall re-train 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.
(6) 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
update the training as necessary to ensure that each affected employee has the
requisite proficiency.
(7) An
employer whose employees are exposed to MC at a multi-employer worksite shall
notify the other employers with work operations at that site in accordance with
the requirements of §
5194.
(8) The employer shall provide to the Chief
or NIOSH, upon request, all available materials relating to employee
information and training.
(m)
Recordkeeping.
(1)
Objective data.
(A) 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 establish and maintain an accurate
record of the objective data relied upon in support of the exemption.
(B) This record shall include at least the
following information:
1. The MC-containing
material in question;
2. The source
of the objective data;
3. The
testing protocol, results of testing, and/or analysis of the material for the
release of MC;
4. A description of
the operation exempted under subsection (d)(2)(A) and how the data support the
exemption; and
5. Other data
relevant to the operations, materials, processing, or employee exposures
covered by the exemption.
(C) The employer shall maintain this record
for the duration of the employer's reliance upon such objective
data.
(2)
Exposure measurements.
(A)
The employer shall establish and keep an accurate record of all measurements
taken to monitor employee exposure to MC as prescribed in subsection
(d).
(B) Where the employer has 20
or more employees, this record shall include at least the following
information:
1. The date of measurement for
each sample taken;
2. The operation
involving exposure to MC which is being monitored;
3. Sampling and analytical methods used and
evidence of their accuracy;
4.
Number, duration, and results of samples taken;
5. Type of personal protective equipment,
such as respiratory protective devices, worn, if any; and
6. Name, social security number, job
classification and exposure of all of the employees represented by monitoring,
indicating which employees were actually monitored.
(C) Where the employer has fewer than 20
employees, the record shall include at least the following information:
1. The date of measurement for each sample
taken;
2. Number, duration, and
results of samples taken; and
3.
Name, social security number, job classification and exposure of all of the
employees represented by monitoring, indicating which employees were actually
monitored.
4. The employer shall
maintain this record for at least thirty (30) years, in accordance with §
3204.
(3)
Medical surveillance.
(A) The employer shall establish and maintain
an accurate record for each employee subject to medical surveillance under
subsection (j).
(B) The record
shall include at least the following information:
1. The name, social security number and
description of the duties of the employee;
2. Written medical opinions; and
3. Any employee medical conditions related to
exposure to MC.
4. The employer
shall ensure that this record is maintained for the duration of employment plus
thirty (30) years, in accordance with §
3204.
(4)
Availability.
(A) The employer, upon written request, shall
make all records required to be maintained by this section available to the
Chief or NIOSH for examination and copying in accordance with §
3204.
Note to subsection (m)(4)(A): 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).
(B) The
employer, upon request, shall 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 §
3204.
(C) The employer, upon request, shall 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 §
3204.
(5)
Transfer of records. The
employer shall comply with the requirements concerning transfer of records set
forth in §
3204(h).
(n)
Dates.
(1)
Effective date. This
section became effective on November 2, 1997.
(2)
Start-up dates.
(A) Engineering controls required under
subsection (f)(1) shall be implemented according to the following schedule:
1. For employers with fewer than 20
employees, within three (3) years after the effective date of this
section.
2. For employers with
fewer than 150 employees engaged in foam fabrication; for employers with fewer
than 50 employees engaged in furniture refinishing, general aviation aircraft
stripping, and product formulation; for employers with fewer than 50 employees
using MC based adhesives for boat building and repair, recreational vehicle
manufacture, van conversion, and upholstering; for employers with fewer than 50
employees using MC in construction work for restoration and preservation of
buildings, painting and paint removal, cabinet making and/or floor refinishing
and resurfacing, within three (3) years after the effective date of this
section.
3. For employers engaged
in polyurethane foam manufacturing with 20 or more employees, within thirty
(30) months after the effective date of this section.
4. For employers with 150 or more employees
engaged in foam fabrication; for employers with 50 or more employees engaged in
furniture refinishing, general aviation aircraft stripping, and product
fabrication; for employers with 50 or more employees using MC-based adhesives
in boat building and repair, recreational vehicle manufacture, van conversion,
and upholstering; and for employers with 50 or more employees using MC in
construction work for restoration and preservation of buildings, painting and
paint removal, cabinet making and/or floor refinishing and resurfacing, within
two (2) years after the effective date of this section.
(B) . Employers identified in subsections
(n)(2)(A)2., 3., and 4. shall comply with the following requirements by the
dates indicated:
1. Use of respiratory
protection whenever an employee's exposure to MC exceeds or can reasonably be
expected to exceed the 8-hour TWA PEL, in accordance with subsections (c)(1),
(e)(3), (f)(1), and (g)(1), by the applicable dates set out in subsections
(n)(2)(A)2., 3., and 4. for the installation of engineering controls.
2. Use of respiratory protection whenever an
employee's exposure to MC exceeds or can reasonably be expected to exceed the
STEL in accordance with subsections (e)(3), (f)(1), and (g)(1), by the
applicable dates indicated in subsection (n)(2)(C).
3. Implementation of work practices (such as
leak and spill detection, cleanup, and enclosure of containers) required by
subsection (f)(1), by the applicable dates indicated in subsection
(n)(2)(C).
4. Notification of
corrective action under subsection (d)(5)(B) of this section, by no later than
ninety (90) days before the compliance date applicable to such corrective
action.
(C) . Unless
otherwise specified in subsection (n), all other requirements of this section
shall be complied with.
(o) Reporting requirements. See section
5203.
(p)
Appendices. The
information contained in the appendices does not, by itself, create any
additional obligations not otherwise imposed or detract from any existing
obligation.
1. New
section filed 8-4-97; operative 11-2-97 (Register 97, No. 32). For prior
history, see Register 87, No. 51.
2. Change without regulatory
effect amending subsection (n)(1) filed 2-3-98 pursuant to section
100, title 1, California Code of
Regulations (Register 98, No. 6).
3. Editorial correction of
subsection (b) (Register 98, No. 6).
4. Amendment of former
subsections (g)(1)-(g)(7)(B) including subsection renumbering and relettering
resulting in newly designated subsections (g)(1)-(g)(4)(B) filed 8-25-98;
operative 11-23-98 (Register 98, No. 35).
5. Amendment of subsection
(o) and repealer of subsections (o)(1)-(4) filed 7-6-99; operative 8-5-99
(Register 99, No. 28).
6. Amendment filed 7-29-99; operative
7-29-99. Submitted to OAL for printing only pursuant to Labor Code section
142.3(a)(3)
(Register 99, No. 31).
7. Amendment of subsection (g)(3), new
subsections (g)(3)(A)-(B) and repealer of subsections (g)(4)-(g)(4)(B) filed
3-6-2007; operative 3-6-2007. Submitted to OAL for printing only pursuant to
Labor Code section
142.3(a)(3)
(Register 2007, No. 10).
8. Editorial correction of subsections
(g)(1)(D) and (g)(2)(A) (Register 2008, No. 6).
9. Amendment of
subsection (k) and new subsections (k)(1)-(2) 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).
10. Amendment of subsection (k) and new
subsections (k)(1)-(2) 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).
11. Repealer of 11-6-2013 order by
operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No.
19).
12. Amendment of subsection (k) and new subsections (k)(1)-(2)
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,
9031 and
9040, Labor
Code.
