Current through Register 2024 Notice Reg. No. 38, September 20, 2024
This section applies to occupational exposures to
non-asbestiform tremolite, anthophyllite, and actinolite.
(a) The 8-hour time weighted average
concentration of airborne non-asbestiform tremolite, anthophyllite, and
actinolite fibers to which any employee may be exposed shall not exceed 2
fibers, longer than 5 micrometers, per cubic centimeter of air as determined by
the membrane filter method using phase contrast illumination and 400 to 450X
magnification. The ceiling or short time concentration to which employees are
exposed shall not exceed 10 fibers, longer than 5 micrometers, per cubic
centimeter of air.
(b) Engineering
Controls. Controls such as, but not limited to, isolation, enclosure, exhaust
ventilation, and dust collection shall be used to meet the exposure limits in
5208.1(a). All hand-operated and power-operated tools which may produce or
release non-asbestiform tremolite, anthophyllite, and actinolite fibers in
excess of such limit shall be provided with local exhaust ventilation systems.
The American National Standards Institute Z9.2-1971 Standard Governing the
Design and Operations of Local Exhaust Systems shall be used to design,
construct, install, and maintain exhaust ventilation and dust collection
systems in accordance with section
5143.
(c) Work Practices.
(1) Non-asbestiform tremolite, anthophyllite,
and actinolite shall be mixed, handled, applied, removed, cut, or otherwise
worked wet insofar as practicable.
(2) Non-asbestiform tremolite, anthophyllite,
and actinolite spills shall be cleaned up promptly.
(3) Non-asbestiform tremolite, anthophyllite,
and actinolite-containing cement, mortar, coating, grout, plastic, or similar
material shall not be removed from bags, cartons, or other containers without
being wetted, unless it is enclosed and/or ventilated to effectively control
airborne fibers as specified in section
5208.1(a).
(4) The spraying of any substance containing
any amount of non-asbestiform tremolite, anthophyllite, and actinolite in or
upon a building or other structure during its construction, alteration, or
repair is prohibited.
EXCEPTIONS:
(A) Exterior and interior coatings and
laminating resins containing encapsulated non-asbestiform tremolite,
anthophyllite, and actinolite fibers bound within finished product from
manufacture through application.
(B) Cold process asphalt roof
coatings.
(C) Substances containing
less than one-quarter of 1 percent non-asbestiform tremolite, anthophyllite,
and actinolite solely as a result of naturally occurring impurities in the
substance or its components.
(5) Non-asbestiform tremolite, anthophyllite,
and actinolite waste, scrap, debris, bags, containers, equipment or other
non-asbestiform tremolite, anthophyllite, and actinolite-contaminated material
consigned for disposal which may produce in any reasonably foreseeable use,
handling, storage, processing, disposal, or transportation employee exposure to
airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers in
excess of the limits prescribed by section
5208.1(a) shall be
collected and disposed of in sealed impermeable bags or other closed
impermeable containers which shall be labeled in accordance with section
5208.1(i).
(d) Respiratory Protective Equipment. When
engineering controls and wet handling methods are not feasible or are incapable
of controlling the concentration or in an emergency, respiratory protection and
shall be provided and worn in accordance with provisions of section
5144 and the following
requirements:
(1) Reusable or single-use air
filtering respirators shall be used when the concentration exceeds the levels
specified in section
5208.1(a), but may
not be used when the concentration may reasonable be expected to exceed 10
times the limit.
(2) Powered air
filtering respirators may be worn for lower concentrations, but shall be worn
when the non-asbestiform tremolite, anthophyllite, and actinolite fiber
concentration is reasonable expected to exceed 10 times, but not 100 times the
limit in section
5208.1(a).
(3) Continuous flow or pressure demand
air-line respirators or self-contained breathing apparatus may be worn for
lower concentrations, but shall be worn when the non-asbestiform tremolite,
anthophyllite, and actinolite fiber concentration is reasonably expected to
exceed 100 times the limit in section
5208.1(a).
(4) No employee shall be assigned to tasks
requiring the use of respirators if based on his most recent examination an
examining physician determines that the employee will be unable to function
normally wearing a respirator or that the safety or health of the employee or
other employees will be impaired by his use of the respirator. Such employee
shall be rotated to an equivalent job whose duties he is able to perform, with
the same employer, in the same geographical area and with the same seniority,
status, and rate of pay, if such a position is available.
(e) Change Rooms and Special Clothing.
(1) The employer shall provide and require
the use of special clothing such as coveralls or similar whole body clothing,
head coverings, gloves, and foot coverings for any employee exposed to airborne
concentrations of non-asbestiform tremolite, anthophyllite, and actinolite
fibers which exceed the ceiling level prescribed in section
5208.1(a).
(2) Any fixed place of employment exposed to
airborne concentrations of non-asbestiform tremolite, anthophyllite, and
actionlite fibers in excess of exposure limits prescribed in section
5208.1(a), the
employer shall provide change rooms for employees working regularly at the
place, and shall provide two separate lockers or containers for each employee,
so separated or isolated as to prevent contamination of the employees' street
clothes from his work clothes.
(f) Laundering.
(1) Laundering of non-asbestiform tremolite,
anthophyllite, and actinolite-contaminated clothing shall be done so as to
prevent the release of airborne non-asbestiform tremolite, anthophyllite, and
actinolite fibers in excess of the exposure limits prescribed in section
5208.1(a).
(2) Any employer who gives non-asbestiform
tremolite, anthophyllite, and actinolite-contaminated clothing to another
person for laundering shall inform such person of the requirement in section
5208.1 to effectively prevent the
release of airborne non-asbestiform tremolite, anthophyllite, and actinolite
fibers in excess of the exposure limits prescribed in section
5208.1(a).
(3) The employer shall ensure that
contaminated clothing shall be transported in sealed impermeable bags or other
closed, impermeable containers, and labeled in accordance with section
5208.1(h).
(g) Monitoring and Record Keeping.
(1) Monitoring.
(A) The employer shall sample the air and
determine the concentration of non-asbestiform tremolite, anthophyllite, and
actinolite fibers within the breathing zone of employees whose exposure to
non-asbestiform tremolite, anthophyllite, and actinolite fibers may exceed an
8-hour time-weighted average concentration of 0.1 fiber longer than 5
micrometers, per cubic centimeter due to work assignment(s) at or near
operations with non- asbestiform tremolite, anthophyllite, and actinolite or
non-asbestiform tremolite, anthophyllite, and actinolite-containing products
which result in the release of non-asbestiform tremolite, anthophyllite, and
actinolite fibers.
(B) Monitoring
shall be repeated at least once every 6 months where exposure to airborne
non-asbestiform tremolite, anthophyllite, and actinolite may exceed an 8-hour
time-weighted average concentration of 0.5 fiber, longer than 5 micrometers,
per cubic centimeter or a ceiling concentration of 5 fibers longer than 5
micrometers, per cubic centimeter.
(C) Following any change in control, process,
or production method which may alter the concentration of airborne
non-asbestiform tremolite, anthophyllite, and actinolite, the employer shall
monitor the level of any employee's exposure which may have been affected by
such change.
(D) The sampling of
airborne non-asbestiform tremolite, anthophyllite, and actinolite shall be
performed in a manner which will assure a reasonable accurate determination and
shall be made without regard to employee use of respiratory protective
equipment.
(E) All determinations
of concentrations of airborne non-asbestiform tremolite, anthophyllite, and
actinolite fibers shall use the membrane filter method with phase contrast
illumination, 400 to 450X magnification. and 4 millimeter
objective.
(2) Record
Keeping.
(A) The employer shall maintain
complete and accurate records of monitoring required by section
5208.1(g)(1).
(B) Monitoring records shall be maintained
for at least 30 years.
(C)
Monitoring records shall be made available upon request to authorized
representatives of the Chief of the Division of Safety and Health, in
accordance with section
3204, or the Director of the
National Institute for Occupational Safety and Health.
(D) Upon request of an employee, former
employee or an employee representative of either, the employer shall provide a
copy of the monitoring record of the employee or former employee in accordance
with section
3204.
(E) The employer shall comply with the
provisions of section
3204 concerning the transfer or
disposition of monitoring records.
(h) Communication of hazards to employees.
(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 non-asbestiform,
tremolite, anthophyllite, and actinolite.
(B) In classifying the hazards of
non-asbestiform, tremolite, anthophyllite, and actinolite at least the
following hazards are to be addressed: cancer and lung effects.
(C) Employers shall include non-asbestiform,
tremolite, anthophyllite, and actinolite 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 non-asbestiform, tremolite,
anthophyllite, and actinolite and to safety data sheets, and is trained in
accordance with the requirements of HCS and section
5208.1(h)(4).
(2) Warning signs.
(A) Posting. Warning signs shall be provided
and displayed at each location where airborne concentrations of non-asbestiform
tremolite, anthophyllite, and actinolite fibers may be in excess of the
exposure limits prescribed in section
5208.1(a). Signs
shall be posted at such a distance from such a location so that an employee may
read the signs and take necessary protective steps before entering the area
marked by the signs. Signs shall be posted at all approaches to areas
containing excessive concentrations of airborne non-asbestiform tremolite,
anthophyllite, and actinolite fibers.
(B) Sign Specifications.
1. The warning signs required by subsection
(h)(2)(A) shall bear the following legend:
DANGER
[MINERAL NAME]
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:
[MINERAL NAME] DUST HAZARD AVOID BREATHING DUST
WEAR ASSIGNED PROTECTIVE EQUIPMENT DO NOT REMAIN IN AREA UNLESS YOUR WORK
REQUIRES IT BREATHING [MINERAL NAME] DUST MAY BE HAZARDOUS TO YOUR
HEALTH
(3) Warning Labels.
(A) Labeling. Labels shall be affixed to all
raw materials, mixtures, scrap, waste, debris, and other products containing
non-asbestiform tremolite, anthophyllite, and actinolite fibers or to their
containers.
EXCEPTIONS:
1.
No label is required where non-asbestiform tremolite, anthophyllite, and
actinolite fibers have been modified by a bonding agent, coating, binder, or
other material so that during any reasonably foreseeable use, handling,
storage, disposal, processing, or transportation, no airborne non-asbestiform
tremolite, anthophyllite, and actinolite fibers in excess of the exposure
limits prescribed in section
5208.1(a) will be
released.
2. No label is required
for large outdoor storage such as mine ore tailing piles, if properly
posted.
(B) Label
Specifications. In addition to the requirements of subsection (h)(1), the
employer shall ensure that labels of bags or containers of protective clothing
and equipment, scrap, waste and debris containing non-asbestiform tremolite,
anthophyllite, and actinolite fibers include the following information:
DANGER CONTAINS [MINERAL NAME] 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 non-asbestiform tremolite, anthophyllite,
and actinolite fibers in lieu of the labeling requirements in subsections
(h)(3)(A) and (h)(3)(B) of this section:
CAUTION Contains [Mineral Name] Fibers Avoid
Creating Dust Breathing [Mineral Name] Dust May Cause Serious Bodily
Harm
(4)
Employee Information and Training.
(A) The
employer shall institute a training program for, and assure the participation
of all employees exposed to non-asbestiform tremolite, anthophyllite, and
actinolite such that medical examination are required pursuant to section
5208.1.
EXCEPTION: Employees who are certified as having been
trained in an apprenticeship non-asbestiform tremolite, anthophyllite, and
actinolite training program meeting all the criteria in section
5208.1.
(B) Training shall be provided at the time of
initial assignment and at least annually thereafter, and the employer shall
assure that each employee is informed of the following information in a
language that the employee can understand:
1.
The nature of all health hazards directly attributable to non-asbestiform
tremolite, anthophyllite, and actinolite exposure including carcinogenic
hazards.
2. The increased risk of
lung cancer associated with smoking cigarettes and non-asbestiform tremolite,
anthophyllite, and actinolite exposure.
3. The specific nature of the operations and
specific information to aid the employee in recognizing when and where
non-asbestiform tremolite, anthophyllite, and actinolite exposure may
result.
4. The purpose for and a
description of the monitoring program.
5. The purpose for and description of the
medical surveillance program.
6.
The necessary protective steps to prevent exposure, including engineering
controls and safe work practices.
7. Where the employee is required to wear a
respirator, the purpose for, proper use and limitations of the respiratory
devices.
8. Where protective
clothing is required, the purpose for, proper use and limitations of protective
devices or clothing.
9. The purpose
for and application of housekeeping and personal hygiene practices and
procedures to prevent non-asbestiform tremolite, anthophyllite, and actinolite
exposure to others.
10. The purpose
for, significance of and familiarization with emergency procedures.
11. A review of the provisions of this
standard.
(C) Access to
Training Materials.
1. The employer shall make
a copy of this standard readily available to all affected employees and their
representatives.
2. All materials
relating to the employee information and training program shall be provided,
upon request, to authorized representatives of the Chief of the Division of
Occupational Safety and Health or the Chief's authorized
representative.
(i) Medical Surveillance.
(1) Medical Examinations. The employer shall
provide or make available at no cost to the employee a comprehensive medical
examination by a licensed physician in accordance with this subsection for each
employee engaged in an occupation where exposure to airborne non-asbestiform
tremolite, anthophyllite, and actinolite, without regard to the use of
respiratory protective equipment, has been determined to exceed, or may be
reasonably expected to exceed, an 8-hour time-weighted average concentration of
0.1 fiber, longer than 5 micrometers, per cubic centimeter.
(A) The examination shall be conducted within
30 calendar days of the employee's initial assignment, thereafter, as required
by section 5208.1 (i)(1)(B)1 or
(i)(1)(B)2, and within 30 calendar days of
termination of employment if an examination has not been performed within the
year preceding termination.
(B) The
examination shall include, as a minimum, a history to elicit symptomatology of
upper and lower respiratory and gastrointestinal diseases, a physical
examination of the respiratory and gastrointestinal diseases, a 14-inch by
17-inch posterior-anterior chest X-ray, right and left anterior oblique chest
X-rays, pulmonary function tests including forced vital capacity (FVC) and
forced expiratory volume at one second (FEV1).
1. For employees less than 40 years of age
with less than 10 years since initial occupational exposure to non-asbestiform
tremolite, anthophyllite, and actinolite, the medical examination shall be
provided every three years after the initial examination and shall include as a
minimum a 14-inch by 17-inch posterior-anterior chest X-ray, a physical
examination of the respiratory and gastrointestinal systems, and pulmonary
function tests including forced vital capacity (FVC) and forced expiratory
volume at one second (FEV1).
2. For
employees 40 years of age or older or with 10 years or more since initial
occupational exposure to non-asbestiform tremolite, anthophyllite, and
actinolite, the medical examination, as described in section
5208.1(j)(1)(B),
shall be performed annually, except that the oblique X-rays need only be
performed every three years. A rectal examination and a stool guaiac test for
occult blood shall be performed annually.
(C) The employer shall obtain from the
examining physician all the information required by this subsection and any
other medical information or diagnosis relevant to occupational exposure to
non-asbestiform tremolite, anthophyllite, and actinolite including the
physician's opinion as to whether the employee has any detected medical
condition which would place the employee at increased risk of material
impairment of the employee's health from exposure to non-asbestiform tremolite,
anthophyllite, and actinolite.
(2) Recordkeeping.
(A) Complete and accurate records of medical
examinations required by this section shall be maintained for each
employee.
(B) Medical examination
records shall be maintained for at least 30 years.
(C) Records of the medical examinations
required by this section shall be provided upon request to employees,
designated representatives, and authorized representatives of the Chief of the
Division of Occupational Safety and Health in accordance with section
3204. Medical records shall also be
provided upon the request of the Director, National Institute for Occupational
Safety and Health.
(D) The employer
shall comply with the provisions of section
3204 concerning the transfer or
disposition of medical records.
(j) Employee Notification. Any employee found
to have been exposed to non-asbestiform tremolite, anthophyllite, and
actinolite fibers in excess of either the permissible limits prescribed by
subsection (a) shall be notified in writing of the exposure within 5 days of
the finding. The individuals so exposed shall also be notified of the
corrective action in compliance with subsections (b), (c), (d), (e), and (f)
being taken by the employer.
(k)
Reports of Use. See section
5203.
(l) Transfer of Records.
(1) In the event the employer ceases to do
business and there is no successor to receive and retain records in accordance
with section
5208.1 and such records shall be
transmitted to the Director, National Institute for Occupational Safety and
Health, 5600 Fisher Lane, Rockville, Maryland 20852.
(2) Upon the expiration of the retention
period prescribed by section
5208.1(g)(2)(B) and
(i)(2)(B), the employer shall notify the
Director, National Institute for Occupational Safety and Health at least 3
months prior to any planned disposal of the records and shall transfer those
records to the Director if requested within the period.
1. New
section 5208.1 filed 2-15-91; operative 2-15-91 pursuant to Government Code
section
11346.2(d)
(Register 91, No. 19).
2. Editorial correction of HISTORY 1.
(Register 91, No. 45).
3. Change without regulatory effect amending
subsection (l) filed 3-4-92 pursuant to section
100, title 1, California Code of
Regulations (Register 92, No. 19).
4. Amendment of subsection (h)(2)
filed 2-5-97; operative 3-7-97 (Register 97, No. 6).
5. Editorial
correction of subsections (e)(1), (g)(1)(A), (i)(2), (j)(1)(B)2. and (n)(1)(A)
(Register 98, No. 35).
6. Amendment of subsection (l), repealer of
subsections (l)(1)-(4) and amendment of NOTE filed 7-6-99; operative 8-5-99
(Register 99, No. 28).
7. Amendment 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(b),
9009,
9020,
9030,
9031 and
9040, Labor
Code.
