Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Scope and
application --
(1) This section applies to
all occupational exposures to asbestos in all industries covered by the
California Occupational Safety and Health Act, except as provided in subsection
(a)(2) and (3) of this section.
(2)
This section does not apply to construction work as defined in Section
1502, except for the spraying of
asbestos containing material in subsection
5208(f)(1)(J).
(Exposure to asbestos in construction work other than spraying is covered by
Section 1529).
(3) This section does not apply to ship
repairing, shipbuilding and shipbreaking employments and related employments as
defined in Section
8354: Definitions. (Exposure to
asbestos in these employments is covered by Section
8358).
(4) Whenever employee exposure to asbestos as
defined in subsection (b) of this section consists only of exposure to
tremolite, anthophyllite, and actinolite in the non-asbestiform mineral habit,
the provisions of section
5208.1 shall apply and supersede
the provisions of this section.
(5)
The provisions of this section are subject to the requirements of the
Occupational Carcinogen Control Act of 1976 (Labor Code, Division 5, Part
10).
(b) Definitions --
"Asbestos" includes chrysotile, amosite, crocidolite,
tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of
these minerals that have been chemically treated and/or altered.
"Asbestos-containing material (ACM)" means any material
containing more than 1% asbestos.
"Chief" means the Chief of the Division of Occupational
Safety and Health, California Department of Industrial Relations.
"Authorized person" means any person authorized by the
employer and required by work duties to be present in regulated areas.
"Building/facility owner" is the legal entity,
including a lessee, which exercises control over management and record keeping
functions relating to a building and/or facility in which activities covered by
this standard take place.
"Certified Industrial Hygienist (CIH)" means one
certified in the practice of industrial hygiene by the American Board of
Industrial Hygiene.
"Director" means the Director of the National Institute
for Occupational Safety and Health, U.S. Department of Health and Human
Services, or designee.
"Employee exposure" means that exposure to airborne
asbestos that would occur if the employee were not using respiratory protective
equipment.
"Fiber" means a particulate form of asbestos 5
micrometers or longer, with a length-to-diameter ratio of at least 3 to
1.
"High-efficiency particulate air (HEPA) filter" means a
filter capable of trapping and retaining at least 99.97 percent of 0.3
micrometer diameter monodisperse particles.
"Homogeneous area" means an area of surfacing material
or thermal system insulation that is uniform in color and texture.
"Incident" means any unanticipated event which causes,
or is immediately likely to cause, an exposure of an employee, unprotected by
an appropriate respirator, to asbestos fibers in excess of the permissible
exposure limit.
"Industrial hygienist" means a professional qualified
by education, training, and experience to anticipate, recognize, evaluate and
develop controls for occupational health hazards.
"PACM" means "presumed asbestos containing
material".
"Presumed Asbestos Containing Material" means thermal
system insulation and surfacing material found in buildings constructed no
later than 1980. The designation of a material as "PACM" may be rebutted
pursuant to subsection (j)(8) of this section.
"Regulated area" means an area established by the
employer to demarcate areas where airborne concentrations of asbestos exceed,
or there is a reasonable possibility they may exceed, the permissible exposure
limits.
"Surfacing ACM" means surfacing material which contains
more than 1% asbestos.
"Surfacing materials" means material that is sprayed,
troweled-on or otherwise applied to surfaces (such as acoustical plaster on
ceilings and fireproofing materials on structural members, or other materials
on surfaces for acoustical, fireproofing, and other purposes).
"Thermal System Insulation (TSI)" means ACM applied to
pipes, fittings, boilers, breeching, tanks, ducts or other structural
components to prevent heat loss or gain.
"Thermal System Insulation ACM" means thermal system
insulation which contains more than 1% asbestos.
(c) Permissible exposure limit (PELS) --
(1) Time-weighted average limit (TWA): The
employer shall ensure that no employee is exposed to an airborne concentration
of asbestos in excess of 0.1 fiber per cubic centimeter (0.1 f/cc) of air as an
eight (8)-hour time-weighted average (TWA) as determined by the method
prescribed in Appendix A to this section, or by an equivalent method.
(2) Excursion limit: The employer shall
ensure that no employee is exposed to an airborne concentration of asbestos in
excess of 1.0 fiber per cubic centimeter of air (1 f/cc) as averaged over a
sampling period of thirty (30) minutes as determined by the method prescribed
in Appendix A to this section, or by an equivalent method.
(d) Exposure monitoring --
(1) General.
(A) Determinations of employee exposure shall
be made from breathing zone air samples that are representative of the 8-hour
TWA and 30-minute short-term exposures of each employee.
(B) Representative 8-hour TWA employee
exposures shall be determined on the basis of one or more samples representing
full- shift exposures for each shift for each employee in each job
classification in each work area. Representative 30-minute short- term employee
exposures shall be determined on the basis of one or more samples representing
30 minute exposures associated with operations that are most likely to produce
exposures above the excursion limit for each shift for each job classification
in each work area.
(2)
Initial monitoring.
(A) Each employer who has
a workplace or work operation covered by this standard, except as provided for
in subsections (d)(2)(B) and (d)(2)(C) of this section, shall perform initial
monitoring of employees who are, or may reasonably be expected to be exposed to
airborne concentrations at or above the TWA permissible exposure limit and/or
excursion limit.
(B) Where the
employer has monitored after March 31, 1992, for the TWA permissible exposure
limit and/or the excursion limit, and the monitoring satisfies all other
requirements of this section, the employer may rely on such earlier monitoring
results to satisfy the requirements of subsection (d)(2)(A) of this
section.
(C) Where the employer has
relied upon objective data that demonstrate that asbestos is not capable of
being released in airborne concentrations at or above the TWA permissible
exposure limit and/or excursion limit under the expected conditions of
processing, use, or handling, then no initial monitoring is
required.
(3) Monitoring
frequency (periodic monitoring) and patterns: After the initial determinations
required by subsection (d)(2)(A) of this section, samples shall be of such
frequency and pattern as to represent with reasonable accuracy the levels of
exposure of the employees. In no case shall sampling be at intervals greater
than six months for employees whose exposures may reasonably be foreseen to
exceed the TWA permissible exposure limit and/or excursion limit.
(4) Changes in monitoring frequency: If
either the initial or the periodic monitoring required by subsection (d)(2) and
(d)(3) of this section statistically indicates that employee exposures are
below the TWA permissible exposure limit and/or excursion limit, the employer
may discontinue the monitoring for those employees whose exposures are
represented by such monitoring.
(5)
Additional monitoring: Notwithstanding the provisions of subsections (d)(2)(B)
and (d)(4) of this section, the employer shall institute the exposure
monitoring required under subsections (d)(2)(A) and (d)(3) of this section
whenever there has been a change in the production, process, control equipment,
personnel or work practices that may result in new or additional exposures
above the TWA permissible exposure limit and/or excursion limit or when the
employer has any reason to suspect that a change may result in new or
additional exposures above the PEL and/or excursion limit.
(6) Method of monitoring.
(A) All samples taken to satisfy the
monitoring requirements of subsection (d) of this section shall be personal
samples collected following the procedures specified in Appendix A.
(B) All samples taken to satisfy the
monitoring requirements of subsection (d) of this section shall be evaluated
using the OSHA Reference Method (ORM) specified in Appendix A of this section,
or an equivalent counting method.
(C) If an equivalent method to the ORM is
used, the employer shall ensure that the method meets the following criteria:
1. Replicate exposure data used to establish
equivalency are collected in side-by-side field and laboratory comparisons;
and
2. The comparison indicates
that 90% of the samples collected in the range 0.5 to 2.0 times the permissible
limit have an accuracy range of plus or minus 25 percent of the ORM results at
a 95% confidence level as demonstrated by a statistically valid protocol;
and
3. The equivalent method is
documented and the results of the comparison testing are
maintained.
(D) To
satisfy the monitoring requirements of subsection (d) of this section,
employers must use the results of monitoring analysis performed by laboratories
which have instituted quality assurance programs that include the elements as
prescribed in Appendix A of this section.
(7) Employee notification of monitoring
results.
(A) The employer shall, within 15
working days after the receipt of the results of any monitoring performed under
the standard, notify the affected employees of these results in writing either
individually or by posting of results in an appropriate location that is
accessible to affected employees.
(B) The written notification required by
subsection (d)(7)(A) of this section shall contain the corrective action being
taken by the employer to reduce employee exposure to or below the TWA and/or
excursion limit, wherever monitoring results indicated that the TWA and/or
excursion limit had been exceeded.
(e) Regulated Areas--
(1) Establishment: The employer shall
establish regulated areas wherever airborne concentrations of asbestos and/or
PACM are in excess of the TWA and/or excursion limit prescribed in subsection
(c) of this section.
(2)
Demarcation: Regulated areas shall be demarcated from the rest of the workplace
in any manner that minimizes the number of persons who will be exposed to
asbestos.
(3) Access: Access to
regulated areas shall be limited to authorized persons or to persons authorized
by the Chief or the Director.
(4)
Provision of respirators: Each person entering a regulated area shall be
supplied with and required to use a respirator, selected in accordance with
subsection (g)(2) of this section.
(5) Prohibited activities: The employer shall
ensure that employees do not eat, drink, smoke, chew tobacco or gum, or apply
cosmetics in the regulated areas.
(f) Methods of compliance--
(1) Engineering controls and work practices.
(A) The employer shall institute engineering
controls and practices to reduce and maintain employee exposure to or below the
TWA and/or excursion limit prescribed in subsection (c) of this section, except
to the extent that such controls are not feasible.
(B) Wherever the feasible engineering
controls and work practices that can be instituted are not sufficient to reduce
employee exposure to or below the TWA and/or excursion limit prescribed in
subsection (c) of this section, 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) of this section.
(C) Particular tools: All hand-operated and
power-operated tools which would produce or release fibers of asbestos, such
as, but not limited to, saws, scorers, abrasive wheels, and drills, shall be
provided with local exhaust ventilation systems which comply with subsection
(f)(1)(E) of this section.
(D) For
the following operations, wherever feasible engineering controls and work
practices that can be instituted are not sufficient to reduce the employee
exposure to or below the TWA and/or excursion limit prescribed in subsection
(c) of this section, the employer shall use them to reduce employee exposure to
or below 0.5 fiber per cubic centimeter of air (as an eight-hour time-weighted
average) or 2.5 fibers/cc for 30 minutes (short-term exposure) and shall
supplement them by the use of any combination of respiratory protection that
complies with the requirements of subsection (g) of this section, work
practices and feasible engineering controls that will reduce employee exposure
to or below the TWA and to or below the excursion limit permissible prescribed
in subsection (c) of this section:
Coupling cutoff in primary asbestos cement pipe
manufacturing; sanding in primary and secondary asbestos cement sheet
manufacturing; grinding in primary and secondary friction product
manufacturing; carding and spinning in dry textile processes; and grinding and
sanding in primary plastics manufacturing.
(E) Local exhaust ventilation: Local exhaust
ventilation and dust collection systems shall be designed, constructed,
installed, and maintained in accordance with good practices such as those found
in the American National Standard Fundamentals Governing the Design and
Operation of Local Exhaust Systems, ANSI Z9.2-1979.
(F) Wet methods: Insofar as practicable,
asbestos shall be handled, mixed, applied, removed, cut, scored, or otherwise
worked in a wet state sufficient to prevent the emission of airborne fibers so
as to expose employees to levels in excess of the TWA and/or excursion limit,
prescribed in subsection (c) of this section, unless the usefulness of the
product would be diminished thereby.
(G) Particular products and operations: No
asbestos cement, mortar, coating, grout, plaster, or similar material
containing asbestos, shall be removed from bags, cartons, or other containers
in which they are shipped, without being either wetted, or enclosed, or
ventilated so as to prevent effectively the release of airborne
fibers.
(H) Compressed air:
Compressed air shall not be used to remove asbestos or materials containing
asbestos unless the compressed air is used in conjunction with a ventilation
system which effectively captures the dust cloud created by the compressed
air.
(I) Flooring: Sanding of
asbestos-containing flooring material is prohibited.
(J) The spraying of any substance containing
any amount of asbestos in or upon a building or other structure during its
construction, alteration, or repair is prohibited.
EXCEPTIONS:
1.
Exterior and interior coating and laminating resins containing encapsulated
asbestos fibers bound within the finished product from manufacture through
application.
2. Cold process
asphalt roof coatings.
3.
Substances containing less than one-quarter of one percent asbestos solely as a
result of naturally occurring impurities in the substance or its
components.
(2)
Compliance program.
(A) Where the TWA and/or
excursion limit is exceeded, the employer shall establish and implement a
written program to reduce employee exposure to or below the TWA and to or below
the excursion limit by means of engineering and work practice controls as
required by subsection (f)(1) of this section, and by the use of respiratory
protection where required or permitted under this section.
(B) Such programs shall be reviewed and
updated as necessary to reflect significant changes in the status of the
employer's compliance program.
(C)
Written programs shall be submitted upon request for examination and copying to
the Chief, the Director, affected employees and designated employee
representatives.
(D) The employer
shall not use employee rotation as a means of compliance with the TWA and/or
excursion limit.
(3)
Specific compliance methods for brake and clutch repair.
(A) Engineering controls and work practices
for brake and clutch repair and service: During automotive brake and clutch
inspection, disassembly, repair and assembly operations, the employer shall
institute engineering controls and work practices to reduce employee exposure
to materials containing asbestos using the negative pressure enclosure/HEPA
vacuum system requirements set out in Appendix F to this section. The employer
may also comply using an equivalent method which follows written procedures
which the employer demonstrates can achieve results equivalent to Method A in
Appendix F to this section. For facilities in which no more than 5 pair of
brakes or 5 clutches are inspected, disassembled, repaired, or assembled per
week, the method set forth in subsection [D] of Appendix F to this section may
be used.
(B) The employer may also
comply by using an equivalent method which follows written procedures, which
the employer demonstrates can achieve equivalent exposure reductions as do the
two "preferred methods." Such demonstration must include monitoring data
conducted under workplace conditions closely resembling the process, type of
asbestos containing materials, control method, work practices and environmental
conditions which the equivalent method will be used, or objective data, which
document that under all reasonably foreseeable conditions of brake and clutch
repair applications, the method results in exposures which are equivalent to
the methods set out in Appendix F to this
section.
(g)
Respiratory protection--
(1) General: 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
necessary to install or implement feasible engineering and work practice
controls;
(B) Work operations, such
as maintenance and repair activities, or other activities for which engineering
and work practice controls are not feasible;
(C) Work operations for which feasible
engineering and work practice controls are not yet sufficient to reduce
exposure to or below the TWA and/or excursion limit; and
(D) Emergencies.
(2) Respirator program.
(A) The employer must implement a respirator
program in accordance with section
5144(b) through
(d) (except (d)(1)(C)), and (f) through
(m).
(B) The employer must provide
a tight-fitting powered, air-purifying respirator instead of any negative
pressure respirator selected according to subsection (g)(3) when:
1. An employee chooses to use this type of
respirator; and
2. This respirator
provides adequate protection to the employee.
(C) No employee must be assigned to tasks
requiring the use of respirators if, based on their most recent examination, an
examining physician determines that the employee will be unable to function
normally using a respirator, or that the safety or health of the employee or
other employees will be impaired by the use of a respirator. Such employees
must be assigned to another job or given the opportunity to transfer to a
different position, the duties of which they can perform. If such a transfer
position is available, the position must be with the same employer, in the same
geographical area, and with the same seniority, status, and rate of pay the
employee had just prior to such transfer.
(3) Respirator selection.
(A) The employer shall select, and provide to
employees, the appropriate respirators specified in Section
5144(d)(3)(A)1;
however, employers must not select or use filtering facepiece respirators for
protection against asbestos fibers.
(B) Employers shall provide HEPA filters for
powered and non-powered air-purifying
respirators.
(h) Protective work clothing and equipment--
(1) Provision and use: If an employee is
exposed to asbestos above the TWA and/or excursion limit, or where the
possibility of eye irritation exists, the employer shall provide, at no cost to
the employee and ensure that the employee uses, appropriate protective work
clothing and equipment such as, but not limited to:
(A) Coveralls or similar full-body work
clothing;
(B) Gloves, head
coverings, and foot coverings; and
(C) Face shields, vented goggles, or other
appropriate protective equipment which complies with Section
3382.
(2) Removal and storage.
(A) The employer shall ensure that employees
remove work clothing contaminated with asbestos only in change rooms provided
in accordance with subsection (i)(1) of this section.
(B) The employer shall ensure that no
employee takes contaminated work clothing out of the change room, except those
employees authorized to do so for the purpose of laundering, maintenance, or
disposal.
(C) Contaminated work
clothing shall be placed and stored in closed containers which prevent
dispersion of the asbestos outside the container.
(D) The employer shall ensure that containers
of contaminated protective devices or work clothing which are to be taken out
of change rooms or the workplace for cleaning, maintenance or disposal, shall
bear labels in accordance with subsection (j) of this
section.
(3) Cleaning and
replacement:
(A) The employer shall clean,
launder, repair, or replace protective clothing and equipment required by this
subsection to maintain their effectiveness.
(B) The employer shall provide clean
protective clothing and equipment at least weekly to each affected
employee.
(C) The employer shall
prohibit the removal of asbestos from protective clothing and equipment by
blowing or shaking.
(D) Laundering
of contaminated clothing shall be done so as to prevent the release of airborne
fibers of asbestos in excess of the permissible exposure limits prescribed in
subsection (c) of this section.
(E)
Any employer who gives contaminated clothing to another person for laundering
shall inform such person of the requirement in subsection (h)(3)(D) of this
section to effectively prevent the release of airborne fibers of asbestos in
excess of the permissible exposure limits.
(F) The employer shall inform any person who
launders or cleans protective clothing or equipment contaminated with asbestos
of the potentially harmful effects of exposure to asbestos.
(G) The employer shall ensure that
contaminated clothing shall be transported in sealed impermeable bags, or other
closed, impermeable containers, and labeled in accordance with subsection (j)
of this section.
(i) Hygiene facilities and practices--
(1) Change rooms.
(A) The employer shall provide clean change
rooms for employees who work in areas where their airborne exposure to asbestos
is above the TWA and/or excursion limit.
(B) The employer shall ensure that change
rooms are in accordance with Section
3367, and are equipped with two
separate lockers or storage facilities, so separated as to prevent
contamination of the employee's street clothes from his protective work
clothing and equipment.
(2) Showers.
(A) The employer shall ensure that employees
who work in areas where their airborne exposure is above the TWA and/or
excursion limit, shower at the end of the work shift.
(B) The employer shall provide shower
facilities which comply with Section
3366(f).
(C) The employer shall ensure that employees
who are required to shower pursuant to subsection (i)(2)(A) of this section do
not leave the workplace wearing any clothing or equipment worn during the work
shift.
(3) Lunchrooms.
(A) The employer shall provide lunchroom
facilities for employees who work in areas where their airborne exposure is
above the TWA and/or excursion limit.
(B) The employer shall ensure that lunchroom
facilities have a positive pressure, filtered air supply, and are readily
accessible to employees.
(C) The
employer shall ensure that employees who work in areas where their airborne
exposure is above the PEL and/or excursion limit wash their hands and faces
prior to eating, drinking or smoking.
(D) The employer shall ensure that employees
do not enter lunchroom facilities with protective work clothing or equipment
unless surface asbestos fibers have been removed from the clothing or equipment
by vacuuming or other method that removes dust without causing the asbestos to
become airborne.
(4)
Smoking in work areas: The employer shall ensure that employees do not smoke in
work areas where they are occupationally exposed to asbestos because of
activities in that work area.
(j) Communication of hazards to employees--
Introduction: This section applies to the communication
of information concerning asbestos hazards in general industry to facilitate
compliance with this standard. Asbestos exposure in general industry occurs in
a wide variety of industrial and commercial settings. Employees who manufacture
asbestos-containing products may be exposed to asbestos fibers. Employees who
repair and replace automotive brakes and clutches may be exposed to asbestos
fibers. In addition, employees engaged in housekeeping activities in industrial
facilities with asbestos product manufacturing operations, and in public and
commercial buildings with installed asbestos containing materials may be
exposed to asbestos fibers. Most of these workers are covered by this general
industry standard. It should be noted that employees who perform housekeeping
activities during and after construction activities are covered by the asbestos
construction standard, Section
1529. However, housekeeping
employees, regardless of industry designation, should know whether building
components they maintain may expose them to asbestos. The same hazard
communication provisions will protect employees who perform housekeeping
operations in all three asbestos standards; general industry, construction, and
shipyard employment. As noted in the construction standard, building owners are
often the only and/or best source of information concerning the presence of
previously installed asbestos containing building materials. Therefore they,
along with employers of potentially exposed employees, are assigned specific
information conveyance and retention duties under this section.
(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 asbestos.
(B) In classifying the hazards of asbestos at
least the following hazards are to be addressed: Cancer and lung
effects.
(C) Employers shall
include asbestos 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 asbestos and to safety data
sheets, and is trained in accordance with the requirements of HCS and
subsection (j)(7) of this section.
(2) Installed Asbestos Containing Material:
Employers and building owners are required to treat installed TSI and sprayed
on and troweled-on surfacing materials as ACM in buildings constructed no later
than 1980 for purposes of this standard. These materials are designated
"presumed ACM" or "PACM", and are defined in subsection (b) of this section.
Asphalt and vinyl flooring material installed no later than 1980 also must be
treated as asbestos-containing. The employer or building owner may demonstrate
that PACM and flooring material do not contain asbestos by complying with
subsection (j)(8)(C) of this section.
(3) Duties of employers and building and
facility owners.
(A) Building and facility
owners shall determine the presence, location, and quantity of ACM and/or PACM
at the work site. Employers and building and facility owners shall exercise due
diligence in complying with these requirements to inform employers and
employees about the presence and location of ACM and PACM.
(B) Building and facility owners shall
maintain records of all information required to be provided pursuant to this
section and/or otherwise known to the building owner concerning the presence,
location and quantity of ACM and PACM in the building/facility. Such records
shall be kept for the duration of ownership and shall be transferred to
successive owners.
(C) Building and
facility owners shall inform employers of employees, and employers shall inform
employees who will perform housekeeping activities in areas which contain ACM
and/or PACM of the presence and location of ACM and/or PACM in such areas which
may be contacted during such activities.
Identification of ACM and PACM shall be made by an
industrial hygienist or by persons whose skill and experience with respect to
identification of asbestos hazards, is the equivalent to that of industrial
hygienists and so can be demonstrated by the owner.
(4) Warning signs.
(A) Posting.
1. Warning signs shall be provided and
displayed at each regulated area.
2. In addition, warning signs shall be posted
at all approaches to regulated areas so that an employee may read the signs and
take necessary protective steps before entering the area.
(B) Sign specifications:
1. The warning signs required by subsection
(j)(4)(A) of this section shall bear the following legend:DANGER ASBESTOS MAY
CAUSE CANCER CAUSES DAMAGE TO LUNGS AUTHORIZED PERSONNEL ONLY
2. In addition, where the use of respirators
and protective clothing is required in the regulated area under this section,
the warning signs shall include the following:WEAR RESPIRATORS AND PROTECTIVE
CLOTHING IN THIS AREA
3. Prior to
June 1, 2016, employers may use the following legend in lieu of that specified
in subsection (j)(4)(B)1. of this section:DANGER ASBESTOS CANCER AND LUNG
DISEASE HAZARD AUTHORIZED PERSONNEL ONLY
4. Prior to June 1, 2016, employers may use
the following legend in lieu of that specified in subsection (j)(4)(B)2. of
this section:RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS
AREA
(C) The employer
shall ensure that employees working in and contiguous to regulated areas
comprehend the warning signs required to be posted by subsection (j)(4)(A) of
this section. Means to ensure employee comprehension may include the use of
foreign languages, pictographs and graphics.
(D) At the entrance to mechanical rooms/areas
in which employees reasonably can be expected to enter and which contain ACM
and/or PACM, the building owner shall post signs which identify the material
which is present, its location, and appropriate work practices which, if
followed, will ensure that ACM and/or PACM will not be disturbed. The employer
shall ensure, to the extent feasible, that employees who come in contact with
these signs can comprehend them. Means to ensure employee comprehension may
include the use of foreign languages, pictographs, graphics, and awareness
training.
(5) Warning
labels.
(A) Labeling: Labels shall be affixed
to all raw materials, mixtures, scrap, waste, debris, and other products
containing asbestos fibers, or to their containers. When a building owner or
employer identifies previously installed ACM and/or PACM, labels or signs shall
be affixed or posted so that employees will be notified of what materials
contain ACM and/or PACM. The employer shall attach such labels in areas where
they will clearly be noticed by employees who are likely to be exposed, such as
at the entrance to mechanical rooms/areas. Signs required by subsection (j) of
this section may be posted in lieu of labels so long as they contain
information required for labeling.
(B) Label specifications: In addition to the
requirements of subsection (j)(1), the employer shall ensure that labels of
bags or containers of protective clothing and equipment, scrap, waste, and
debris containing asbestos fibers include the following information:
DANGER CONTAINS ASBESTOS FIBERS MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS DO NOT BREATHE DUST AVOID CREATING
DUST
(C) Prior to
June 1, 2015, employers may include the following information on raw materials,
mixtures or labels of bags or containers of protective clothing and equipment,
scrap, waste, and debris containing asbestos fibers in lieu of the labeling
requirements in subsections (j)(1)(A) and (j)(5)(B) of this section:DANGER
CONTAINS ASBESTOS FIBERS AVOID CREATING DUST CANCER AND LUNG DISEASE
HAZARD
(6) The provisions
for labels and for safety data sheets required by subsection (j) of this
section do not apply where:
(A) Asbestos
fibers have been modified by a bonding agent, coating, binder, or other
material, provided that the manufacturer has demonstrated by objective data
that during all reasonably foreseeable uses, handling, storage, disposal,
processing, or transportation, no airborne concentrations of asbestos fibers in
excess of the TWA permissible exposure level and/or excursion limit will be
released. The record of objective data shall include at least those elements
specified in subsection (m)(2)(B) of this section.
(B) No label is required when asbestos is
present in a waste product in concentrations less than 1.0%
NOTE: Section
5194 requires that manufactured and
imported products containing more than 0. 1 % asbestos by weight be labeled
with an appropriate warning. The exemption specified in subsection (j)(6)(B)
only applies to waste products or waste containers.
(7) Employee information and training.
(A) The employer shall institute a training
program for all employees who are exposed to airborne concentrations of
asbestos at or above the PEL and/or excursion limit and ensure their
participation in the program.
(B)
Training shall be provided prior to or at the time of initial assignment and at
least annually thereafter.
(C) The
training program shall be conducted in a manner which the employee is able to
understand. The employer shall ensure that each employee is informed of the
following:
1. The health effects associated
with asbestos exposure;
2. The
relationship between smoking and exposure to asbestos, producing lung
cancer;
3. The quantity, location,
manner of use, release, and storage of asbestos, and the specific nature of
operations which could result in exposure to asbestos;
4. The purpose for and a description of the
air monitoring program;
5. The
purpose and a description of the medical surveillance program required by
subsection (l) of this section;
6. The engineering controls and work
practices associated with the employee's job assignment;
7. The purpose, proper use, and limitations
of respirators and protective clothing, if required;
8. The specific procedures implemented to
protect employees from exposure to asbestos, such as appropriate work
practices, emergency and clean-up procedures, and personal protective equipment
to be used;
9. The content of this
standard, including appendices;
10.
The names, addresses and phone numbers of public health organizations which
provide information, materials, and/or conduct programs concerning smoking
cessation. The employer may distribute the list of such organizations contained
in Appendix I to this section, to comply with this requirement;
11. The requirements for posting signs and
affixing labels and the meaning of the required legends for such signs and
labels.
(D) The employer
shall also provide, at no cost to employees who perform housekeeping operations
in an area which contains ACM or PACM, an asbestos awareness training course,
which shall at a minimum contain the following elements: health effects of
asbestos, locations of ACM and PACM in the building/facility, recognition of
ACM and PACM damage and deterioration, requirements in this standard relating
to housekeeping, and proper response to fiber release episodes--to all
employees who perform housekeeping work in areas where ACM and/or PACM is
present. Each such employee shall be so trained at least once a year.
(E) Access to information and training
materials.
1. The employer shall make a copy
of this standard and its appendices readily available without cost to all
affected employees.
2. The employer
shall provide, upon request, all materials relating to the employee information
and training program to the Chief and the Director.
3. The employer shall inform all employees
concerning the availability of self-help smoking cessation program material.
Upon employee request, the employer shall distribute such material, consisting
of NIH Publication No. 89-1647, or equivalent self-help material, which is
approved or published by a public health organization listed in Appendix I to
this section.
(8) Criteria to rebut the designation of
installed material as PACM.
(A) At any time,
an employer and/or building owner may demonstrate, for purposes of this
standard, that PACM does not contain asbestos. Building owners and/or employers
are not required to communicate information about the presence of building
material for which such a demonstration pursuant to the requirements of
subsection (j)(8)(B) of this section has been made. However, in all such cases,
the information, data and analysis supporting the determination that PACM does
not contain asbestos, shall be retained pursuant to subsection (m) of this
section.
(B) An employer or owner
may demonstrate that PACM does not contain asbestos by the following:
1. Having a completed inspection conducted
pursuant to the requirements of AHERA ( 40 CFR 763, Subpart E) which
demonstrates that no ACM is present in the material; or
2. Performing tests of the material
containing PACM which demonstrate that no ACM is present in the material. Such
tests shall include analysis of bulk samples in the manner described in
40 CFR
763.86. The tests, evaluation and sample
collection shall be conducted by an accredited inspector or by a CIH. Analysis
of samples shall be performed by persons or laboratories with proficiency
demonstrated by current successful participation in a nationally recognized
testing program such as the National Voluntary Laboratory Accreditation Program
(NVLAP) or the National Institute for Standards and Technology (NIST) or the
Round Robin for bulk samples administered by the American Industrial Hygiene
Association (AIHA) or an equivalent nationally recognized round robin testing
program.
(C) The employer
and/or building owner may demonstrate that flooring material including
associated mastic and backing does not contain asbestos, by a determination of
an industrial hygienist based upon recognized analytical techniques showing
that the material is not ACM.
(k) Housekeeping--
(1) All surfaces shall be maintained as free
as practicable of ACM waste and debris and accompanying dust.
(2) All spills and sudden releases of
material containing asbestos shall be cleaned up as soon as possible.
(3) Surfaces contaminated with asbestos may
not be cleaned by the use of compressed air.
(4) Vacuuming: HEPA-filtered vacuuming
equipment shall be used for vacuuming asbestos containing waste and debris. The
equipment shall be used and emptied in a manner which minimizes the reentry of
asbestos into the workplace.
(5)
Shoveling, dry sweeping and dry clean-up of asbestos may be used only where
vacuuming and/or wet cleaning are not feasible.
(6) Waste disposal: Waste, scrap, debris,
bags, containers, equipment, and clothing contaminated with asbestos consigned
for disposal, shall be collected, recycled and disposed of in sealed
impermeable bags, or other closed, impermeable containers.
(7) Care of asbestos-containing flooring
material.
(A) Sanding of asbestos-containing
floor material is prohibited.
(B)
Stripping of finishes shall be conducted using low abrasion pads at speeds
lower than 300 rpm, and wet methods.
(C) Burnishing or dry buffing may be
performed only on asbestos-containing flooring which has sufficient finish so
that the pad cannot contact the asbestos-containing
material.
(8) Waste and
debris and accompanying dust in an area containing accessible ACM and/or PACM
or visibly deteriorated ACM, shall not be dusted or swept dry, or vacuumed
without using a HEPA filter.
(l) Medical surveillance--
(1) General
(A) Employees covered: The employer shall
institute a medical surveillance program for all employees who are or will be
exposed to airborne concentrations of fibers of asbestos at or above the TWA
and/or excursion limit.
(B)
Examination by a physician.
1. The employer
shall ensure that all medical examinations and procedures are performed by or
under the supervision of a licensed physician, and shall be provided without
cost to the employee and at a reasonable time and place.
2. Persons other than licensed physicians,
who administer the pulmonary function testing required by this section, shall
complete a training course in spirometry sponsored by an appropriate academic
or professional institution.
(2) Pre-placement examinations.
(A) Before an employee is assigned to an
occupation exposed to airborne concentrations of asbestos fibers at or above
the TWA and/or excursion limit, a pre-placement medical examination shall be
provided or made available by the employer.
(B) The employer shall obtain that part of
the examining physician's opinion required by subsection
(l)(7)(A)l. of this section before the employee is assigned to
any job requiring the use of respiratory protective equipment or personal
protective equipment.
(C) The
employer shall obtain that part of the examining physician's opinion required
by (l)(7)(A)2. of this section within 45 working days of the
employee's assignment to any work involving exposure to asbestos in excess of
the TWA and/or excursion limit.
(D)
Such examination shall include, as a minimum:
1. A medical and work history;
2. A complete physical examination of all
systems with emphasis on the respiratory system, the cardiovascular system and
digestive tract;
3. Completion of
the respiratory disease standardized questionnaire in Appendix D to this
section, Part 1;
4. A chest
roentgenogram in accordance with Table 2;
5. Pulmonary function tests to include forced
vital capacity (FVC) and forced expiratory volume at 1 second (FEV(1.0));
and
6. Any additional tests deemed
appropriate by the examining physician.
7. Interpretation and classification of chest
roentgenogram shall be conducted in accordance with Appendix E to this
section.
(3)
Periodic examinations.
(A) Periodic medical
examinations shall be made available annually.
(B) The scope of the medical examination
shall be in conformance with the protocol established in subsection
(
l)(2)(D) of this section, except that the frequency of chest
roentgenogram shall be conducted in accordance with Table 2, and the
abbreviated standardized questionnaire contained in, Part 2 of Appendix D to
this section shall be administered to the employee.
TABLE 2.
FREQUENCY OF CHEST ROENTGENOGRAM
|
Years since first
exposure |
Age of
employee |
| |
Less than 40 |
40 and
older |
|
| 0 to 10 | Every 3
years | Annually* |
|
| 10 |
Annually* | Annually* |
. Oblique x-rays need only be performed every 3
years.
(4)
Termination of employment examinations.
(A)
The employer shall provide, or make available, a termination of employment
medical examination for any employee who has been exposed to airborne
concentrations of fibers of asbestos at or above the TWA and/or excursion
limit.
(B) The medical examination
shall be in accordance with the requirements of the periodic examinations
stipulated in subsection (l)(3) of this section, and shall be
given within 30 calendar days before or after the date of termination of
employment.
(5) Recent
examinations: No medical examination is required of any employee if adequate
records show that the employee has been examined in accordance with any of
subsections (l)(2) through (l)(4) of this
section within the past 1 year period. A pre-employment medical examination
which was required as a condition of employment by the employer, may not be
used by that employer to meet the requirements of this subsection, unless the
cost of such examination is borne by the employer.
(6) Information provided to the physician:
The employer shall provide the following information to the examining
physician:
(A) A copy of this standard and
Appendices D and E.
(B) A
description of the affected employee's duties as they relate to the employee's
exposure.
(C) The employee's
representative exposure level or anticipated exposure level.
(D) A description of any personal protective
and respiratory equipment used or to be used.
(E) Information from previous medical
examinations of the affected employee that is not otherwise available to the
examining physician.
(7)
Physician's written opinion.
(A) The employer
shall obtain a written signed opinion from the examining physician. This
written opinion shall contain the results of the medical examination and shall
include:
1. Any recommended limitations on the
employee or upon the use of personal protective equipment such as clothing or
respirators;
2. The physician's
opinion as to whether the employee has any detected medical conditions that
would place the employee at an increased risk of material health impairment
from exposure to asbestos;
3. A
statement that the employee has been informed by the physician of the results
of the medical examination and of any medical conditions resulting from
asbestos exposure that require further explanation or treatment; and
4. A statement that the employee has been
informed by the physician of the increased risk of lung cancer attributable to
the combined effect of smoking and asbestos exposure.
(B) The employer shall instruct the physician
not to reveal in the written opinion given to the employer specific findings or
diagnoses unrelated to occupational exposure to asbestos.
(C) The employer shall provide a copy of the
physician's written opinion to the affected employee within 30 days from its
receipt.
(m)
Recordkeeping--
(1) Exposure measurements.
NOTE: The employer may utilize the services of
competent organizations such as industry trade associations and employee
associations to maintain the records required by this section.
(A) The employer shall keep an accurate
record of all measurements taken to monitor employee exposure to asbestos as
prescribed in subsection (d) of this section.
(B) This record shall include at least the
following information:
1. The date of
measurement;
2. The operation
involving exposure to asbestos 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 respiratory protective devices
worn, if any; and
6. Name, social
security number and exposure of the employees whose exposures are
represented.
(C) The
employer shall maintain this record for at least thirty (30) years in
accordance with Section
3204.
(2) Objective data for exempted operations.
(A) Where the processing, use, or handling of
products made from or containing asbestos is exempted from other requirements
of this section under subsection (d)(2)(C) of this section, the employer shall
establish and maintain an accurate record of objective data reasonably relied
upon in support of the exemption.
(B) The record shall include at least the
following:
1. The product qualifying for
exemption:
2. The source of the
objective data;
3. The testing
protocol, results of testing, and/or analysis of the material for the release
of asbestos;
4. A description of
the operation exempted 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.
(3) Medical surveillance.
(A) The employer shall establish and maintain
an accurate record for each employee subject to medical surveillance by
subsection (l)(1)(A) of this section, in accordance with
Section 3204.
(B) The record shall include at least the
following information:
1. The name and social
security number of the employee;
2.
Physician's written opinions;
3.
Any employee medical complaints related to exposure to asbestos; and
4. A copy of the information provided to the
physician as required by subsection (l)(6) of this
section.
(C) The employer
shall ensure that this record is maintained for the duration of employment plus
thirty (30) years, in accordance with Section
3204.
(4) Training: The employer shall maintain all
employee training records for one (1) year beyond the last date of employment
of that employee.
(5) Availability.
(A) The employer, upon written request, shall
make all records required to be maintained by this section available to the
Chief and the Director for examination and copying.
(B) The employer, upon request, shall make
any exposure records required by subsection (m)(1) of this section available
for examination and copying to affected employees, former employees, designated
representatives and the Chief, in accordance with Section
3204(a) through (e), and (g) through
(i)
(C) The employer, upon request, shall make
employee medical records required by subsection (m)(3) of this section
available for examination and copying to the subject employee, to anyone having
the specific written consent of the subject employee, and the Chief, in
accordance with Section
3204.
(6) Transfer of records.
(A) The employer shall comply with the
requirements concerning transfer of records set forth in Section
3204(h).
(B) Whenever the employer ceases to do
business and there is no successor employer to receive and retain the records
for the prescribed period, the employer shall notify the Director at least 90
days prior to disposal of records and, upon request, transmit them to the
Director.
(n)
Observation of monitoring--
(1) Employee
observation: The employer shall provide affected employees or their designated
representatives an opportunity to observe any monitoring of employee exposure
to asbestos conducted in accordance with subsection (d) of this
section.
(2) Observation
procedures: When observation of the monitoring of employee exposure to asbestos
requires entry into an area where the use of protective clothing or equipment
is required, the observer shall be provided with and be required to use such
clothing and equipment and shall comply with all other applicable safety and
health procedures.
(o)
Reports of use (User Registration, Temporary Worksite Notification, and
incident reporting)--See section
5203.
EXCEPTIONS:
A.
Automotive repair facilities which are registered with the State Bureau of
Automotive Repairs meet the registration requirements of this subsection but
are not otherwise exempt from this section.
B. Operations such as retail, wholesale,
warehousing, transportation or distribution of products containing asbestos are
exempt from report of use requirements of this section, provided such products
are handled or stored in sealed or unbroken containers.
C. Products in which the asbestos fibers have
been modified by a bonding agent, coating, binder, or other material, provided
that the manufacturer has demonstrated by objective data that during all
reasonably foreseeable uses, handling, storage, disposal, processing or
transportation, no airborne concentrations of asbestos fibers in excess of the
PEL [TWA] and/or excursion limit will be released. The record of objective data
shall include at least those elements specified in subsection (m)(2)(B) of this
section.
D. Large outdoor storage
such as mine ore tailings piles, if posted in accordance with the requirements
of 8 CCR
5208(j)(3).
(p) Appendices--
(1) Appendices A, C, D, E, and F to this
section are incorporated as part of this section and the contents of these
Appendices are mandatory
(2)
Appendices B, G, H, I, and J to this section are informational and are not
intended to create any additional obligations not otherwise imposed or to
detract from any existing obligations.
1.
Amendment of subsections (a) and (g)(1)(B), and new Appendix A filed 7-10-89 as
an emergency; operative 7-10-89 (Register 89, No. 28). A Certificate of
Compliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 11-7-89. For prior history, see Register 83, No.
10.
2. Readoption of amendment of subsections (a) and (g)(1)(B), and
new Appendix A filed 11-2-89 as an emergency; operative 11-2-89 (Register 89,
No. 45). A Certificate of Compliance must be transmitted to OAL within 120
days, by 3-2-90, or emergency language is repealed by operation of law
effective 3-3-90.
3. Readoption of amendment of subsections (a) and
(g)(1)(B), and new Appendix A filed 2-22-90 as an emergency; operative 2-22-90
(Register 90, No. 9). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed by operation of law on
6-22-90.
4. Readoption of amendment of subsections (a) and
(g)(1)(B), and new Appendix A filed 6-15-90 as an emergency; operative 6-15-90
(Register 90, No. 33). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed by operation of law on
10-15-90.
5. Amendment of subsections (a) and (g)(1)(B) and new
Appendix A filed 10-12-90 as an emergency readoption; operative 10-12-90
(Register 90, No. 46). A Certificate of Compliance must be transmitted to OAL
by 2-9-91 or emergency language will be repealed by operation of law on the
following day.
6. Readoption of amendment of subsections (a) and
(g)(1)(B) and new Appendix A filed 2-4-91 as an emergency; operative 2-4-91
(Register 91, No. 11). Certificate of Compliance must be transmitted to OAL by
6-4-91 or emergency language will be repealed by operation of law on the
following day.
7. Amendment filed 2-15-91; operative 2-15-91
pursuant to Government Code section
11346.2(d)
(Register 91, No. 19).
8. Editorial correction of printing error in
subsection (q) and restoring dropped HISTORYs 1., 2., 3., 4., 5., and 6. and
renumbering former HISTORY 1. to HISTORY
7. (Register 91, No.
31).
9. Editorial correction of HISTORY 7. amending date (Register
91, No. 45).
10. Change without regulatory effect amending
definition of Chief in subsection (b) filed 3-4-92 pursuant to section
100, title 1, California Code of
Regulations (Register 92, No. 19).
11. Amendment of subsection
(c)(1) and NOTE filed 5-1-95; operative 5-31-95 (Register 95, No.
18).
12. Repealer and new section filed 5-3-96; operative 7-3-96
(Register 96, No. 18).
13. Amendment of subsection (j)(3)(E) filed
10-3-97; operative 10-3-97. Submitted to OAL for printing only pursuant to
Labor Code section
142.3(a)(3)
(Register 97, No. 40).
14. Amendment of former subsections
(g)(1)-(g)(4)(B) including subsection renumbering and relettering resulting in
newly designated subsections (g)(1)-(g)(3)(A) filed 8-25-98; operative 11-23-98
(Register 98, No. 35).
15. Amendment of subsection (o) and repealer
of subsections (o)(1)(B)1. and (o)(1)(B)2.-(o)(4) filed 7-6-99; operative
8-5-99 (Register 99, No. 28).
16. Amendment of subsections (g)(2)(B)
and (g)(3)(A) and new subsection (g)(3)(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).
17. Amendment of subsections (h)(2)(D) and
(h)(3)(G) and subsections within subsection (j) 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).
18. Amendment of subsections (h)(2)(D) and
(h)(3)(G) and subsections within subsection (j) 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).
19. Repealer of 11-6-2013 order by
operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No.
19).
20. Amendment of subsections (h)(2)(D) and (h)(3)(G) and
subsections within subsection (j) 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,
6501.5,
9020,
9021.5,
9030, and
9040, Labor
Code. Reference: Sections
142.3,
6501.5,
6501.7,
6501.8,
6501.9,
6502,
9003,
9004(b),
9005,
9006,
9009,
9020,
9021.5,
9030, and
9040, Labor
Code; and Section
25910,
Health and Safety Code.
