Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Scope and Application.
(1) This section
includes requirements for the control of employee exposure to vinyl chloride
(chloroethene), Chemical Abstracts Service Registry No. 75014.
(2) This section applies to the manufacture,
reaction, packaging, repackaging, storage, handling or use of vinyl chloride or
polyvinyl chloride, but does not apply to fabricated products made of polyvinyl
chloride.
(3) This section applies
to the transportation of vinyl chloride or polyvinyl chloride except to the
extent that the Department of Transportation may regulate the hazards covered
by this section.
(b)
Definitions.
(1) Action Level. A time-weighted
concentration of vinyl chloride of 0.5 ppm averaged over any 8-hour
period.
(2) Authorized Person. Any
person specifically authorized by the employer whose duties require him to
enter a regulated area or any person entering such an area as a designated
representative of employees for the purpose of exercising an opportunity to
observe monitoring and measuring procedures.
(3) Fabricated product. A product made wholly
or partly from polyvinyl chloride, and which has been processed at
temperatures, and for times, sufficient to cause mass melting of the polyvinyl
chloride.
(4) Polyvinyl Chloride.
The homopolymer or copolymer of polyvinyl chloride before such is converted to
a fabricated product.
(5) Vinyl
Chloride. The monomer of vinyl chloride.
(c) Permissible Exposure Limit.
(1) No employee may be exposed to vinyl
chloride at concentrations greater than 1 ppm averaged over any 8-hour period,
and
(2) No employee may be exposed
to vinyl chloride at concentrations greater than 5 ppm averaged over any period
not exceeding 15 minutes.
(3) No
employee may be exposed to vinyl chloride by direct contact with liquid vinyl
chloride.
(d) Monitoring.
(1) A program of initial monitoring and
measurement shall be undertaken in each establishment to determine if there is
any employee exposed, without regard to the use of respirators, in excess of
the action level.
(2) Where a
determination conducted under paragraph (d)(1) of this section shows any
employee exposures, without regard to the use of respirators, in excess of the
action level, a program for determining exposures for each such employee shall
be established. Such a program:
(A) Shall be
repeated at least monthly where any employee is exposed, without regard to the
use of respirators, in excess of the permissible exposure limit.
(B) Shall be repeated not less than quarterly
where any employee is exposed, without regard to the use of respirators, in
excess of the action level.
(C) May
be discontinued for any employee only when at least two consecutive monitoring
determinations, made not less than 5 working days apart, show exposures for
that employee at or below the action level.
(3) Whenever there has been a production,
process or control change which may result in an increase in the release of
vinyl chloride, or the employer has any other reason to suspect that any
employee may be exposed in excess of the action level, a determination of
employee exposure under paragraph (d)(1) of this section shall be
performed.
(4) The method of
monitoring and measurement shall have an accuracy (with a confidence level of
95 percent) of not less than plus or minus 50 percent from 0.25 through 0.5
ppm, plus or minus 35 percent from over 0.5 ppm through 1.0 ppm, and plus or
minus 25 percent over 1.0 ppm. (Methods meeting these accuracy requirements are
available in the "NIOSH Manual of Analytical Methods.")
(5) Employees or their designated
representatives shall be afforded reasonable opportunity to observe the
monitoring and measuring required by this paragraph.
(6) Employee Notification of Monitoring
Results. The employer must, within 15 working days after the receipt of the
results of any monitoring performed under this section, notify each affected
employee of these results and the steps being taken to reduce exposures within
the permissible exposure limit either individually in writing or by posting the
results in an appropriate location that is accessible to affected
employees.
(e) Regulated
Area.
(1) A regulated area shall be
established where vinyl chloride is released into work areas such that
employees are exposed above the limits specified in paragraph (c)(1) or (c)(2)
of this section, without regard to the use of respirators.
(2) Access to regulated areas shall be
limited to authorized persons.
(f) Methods of Compliance. Employee exposures
to vinyl chloride shall be controlled to at or below the permissible exposure
limit provided in paragraph (c) of this section by engineering, work practice,
and personal protective controls as follows:
(1) Feasible engineering and work practice
controls shall immediately be used to reduce exposures to at or below the
permissible exposure limit.
(2)
Wherever feasible engineering and work practice controls which can be
instituted immediately are not sufficient to reduce exposures to at or below
the permissible exposure limit, they shall nonetheless be used to reduce
exposures to the lowest practicable level, and shall be supplemented by
respiratory protection in accordance with paragraph (g) of this section. A
program shall be established and implemented to reduce exposures to at or below
the permissible exposure limit, or to the greatest extent feasible, solely by
means of engineering and work practice controls, as soon as feasible.
(3) Written plans for such a program shall be
developed and furnished upon request for examination and copying to the Chief
of the Division of Industrial Safety or the Director of the Department of
Health or their authorized representatives. Such plans shall be updated at
least every six months.
(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.
(2) Respirator program. The employer must
implement a respiratory protection program in accordance with section
5144 (b) through
(d) (except (d)(1)(C), and (d)(3)(C)2.a. and
b.), and (f) through (m).
(3)
Respirator selection.
(A) The appropriate
respirators shall be selected, and provided to employees, as specified in
Section 5144(d)(3)(A)1:
(B) Employers shall provide an organic vapor
cartridge that has a service life of at least one hour when using a chemical
cartridge respirator at vinyl chloride concentrations up to 10 ppm.
(C) Employers shall select a canister that
has a service life of at least four hours when using a powered air-purifying
respirator having a hood, helmet, or full or half facepiece, or a gas mask with
a front- or back-mounted canister, at vinyl chloride concentrations up to 25
ppm.
(h)
Hazardous Operations.
(1) Employees engaged
in hazardous operations, including entry of vessels to clean polyvinyl chloride
residue from vessel walls, shall be provided and required to wear and use:
(A) Respiratory protection in accordance with
paragraphs (c) and (g) of this section; and
(B) Protective garments to prevent skin
contact with liquid vinyl chloride or with polyvinyl chloride residue from
vessel walls. The protective garments shall be selected for the operation and
its possible exposure conditions.
(2) Protective garments shall be provided
clean and dry for each use.
(i) Emergency Situations. A written
operational plan for emergency situations shall be developed for each facility
storing, handling, or otherwise using vinyl chloride as a liquid or compressed
gas. Appropriate portions of the plan shall be implemented in the event of an
emergency. The plan shall specifically provide that:
(1) Employees engaged in hazardous operations
or correcting situations of existing hazardous releases shall be equipped as
required in paragraph (h) of this section.
(2) Other employees not so equipped shall
evacuate the area and not return until conditions are controlled by the methods
required in paragraph (f) of this section and the emergency is
abated.
(j) Training.
Each employee engaged in vinyl chloride or polyvinyl chloride operations shall
be provided training in a program relating to the hazards of vinyl chloride and
precautions for its safe use.
(1) The program
shall include:
(A) The nature of the health
hazard from chronic exposure to vinyl chloride including specifically the
carcinogenic hazard;
(B) The
specific nature of operations which could result in exposure to vinyl chloride
in excess of the permissible limit and necessary protective steps;
(C) The purpose for, proper use, and
limitations of respiratory protective devices;
(D) The fire hazard and acute toxicity of
vinyl chloride, and the necessary protective steps;
(E) The purpose for and a description of the
monitoring program;
(F) The purpose
for and a description of the medical surveillance program;
(G) Emergency procedures;
(H) Specific information to aid the employee
in recognition of conditions which may result in the release of vinyl chloride;
and
(I) A review of this standard
at the employee's first training and indoctrination program, and annually
thereafter.
(2) All
materials relating to the program shall be provided upon request to the Chief
of the Division of Industrial Safety or the Director of the Department of
Health or their authorized representatives.
(k) Medical Surveillance. A program of
medical surveillance shall be instituted for each employee exposed, without
regard to the use of respirators, to vinyl chloride in excess of the action
level. The program shall provide each such employee with an opportunity for
examinations and tests in accordance with this paragraph. All medical
examinations and procedures shall be performed by or under the supervision of a
licensed physician, and shall be provided without cost to the employee.
(1) At the time of initial assignment, or
upon institution of medical surveillance:
(A)
A general physical examination shall be performed, with specific attention to
detecting enlargement of the liver, spleen or kidneys, or dysfunction in these
organs, and for abnormalities in skin, connective tissues, and the pulmonary
system. (See Appendix A.)
(B) A
medical history shall be taken including the following topics:
1. Alcohol intake;
2. Past history of hepatitis;
3. Work history and past exposure to
potential hepato-toxic agents, including drugs and chemicals;
4. Past history of blood transfusions;
and
5. Past history of
hospitalizations.
(C) A
serum specimen shall be obtained and determinations made of:
1. Total bilirubin;
2. Alkaline phosphatase;
3. Serum glutamic oxalacetic transaminase
(SGOT);
4. Serum glutamic pyruvic
transaminase (SGPT); and
5. Gamma
glutamyl transpeptidase.
(2) Examinations provided in accordance with
this paragraph shall be performed at least:
(A) Every 6 months for each employee who has
been employed in vinyl chloride or polyvinyl chloride manufacturing for 10
years or longer; and
(B) Annually
for all other employees.
(3) Each employee exposed to an emergency
shall be afforded appropriate medical surveillance.
(4) A statement of each employee's
suitability for continued exposure to vinyl chloride including use of
protective equipment and respirators, shall be obtained from the examining
physician promptly after any examination. A copy of the physician's statement
shall be provided each employee.
(5) If any employee's health would be
materially impaired by continued exposure, such employee shall be withdrawn
from possible contact with vinyl chloride.
(6) Laboratory analyses for all biological
specimens included in medical examinations shall be performed in laboratories
licensed under Division 2, Chapter 3 of the California Business and Professions
Code, or 42 CFR Part 74.
(7) If the
examining physician determines that alternative medical examinations to those
required by paragraph (k)(1) of this section will provide at least equal
assurance of detecting medical conditions pertinent to the exposure to vinyl
chloride, the employer may accept such alternative examinations as meeting the
requirements of paragraph (k)(1) of this section, if the employer obtains a
statement from the examining physician setting forth the alternative
examinations and the rationale for substitution. This statement shall be
available upon request for examination and copying to authorized
representatives of the Chief of the Division of Occupational Safety and Health
or the Director of the Department of Health.
(l) Communication of Hazards.
(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 vinyl chloride and
polyvinyl chloride.
(B) In
classifying the hazards of vinyl chloride at least the following hazards are to
be addressed: Cancer; central nervous system effects; liver effects; blood
effects; and flammability.
(C)
Employers shall include vinyl chloride 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 vinyl chloride and to
safety data sheets, and is trained in accordance with the requirements of HCS
and paragraph (j) of this section.
(2) Signs.
(A) The employer shall post entrances to
regulated areas with legible signs bearing the legend:
DANGER
VINYL CHLORIDE
MAY CAUSE CANCER
AUTHORIZED PERSONNEL ONLY
(B) The employer shall post signs at areas
containing hazardous operations or where emergencies currently exist. The signs
shall be legible and bear the legend:
DANGER
VINYL CHLORIDE
MAY CAUSE CANCER
WEAR RESPIRATORY PROTECTION
AND PROTECTIVE CLOTHING IN THIS
AREA
AUTHORIZED PERSONNEL ONLY
(C) Prior to June 1, 2016, employers may use
the following legend in lieu of that specified in paragraph
(
l)(2)(A) of this section:
CANCER-SUSPECT AGENT AREA
AUTHORIZED PERSONNEL ONLY
(D) Prior to June 1, 2016, employers may use
the following legend in lieu of that specified in paragraph
(
l)(2)(B) of this section:
CANCER-SUSPECT AGENT IN THIS AREA
PROTECTIVE EQUIPMENT REQUIRED
AUTHORIZED PERSONNEL
ONLY
(3)
Labels.
(A) In addition to the other
requirements in this paragraph (
l), the employer shall ensure
that labels for containers of polyvinyl chloride resin waste from reactors or
other waste contaminated with vinyl chloride are legible and include the
following information:
CONTAMINATED WITH VINYL CHLORIDE
MAY CAUSE CANCER
(B) Prior to June 1, 2015, employers may
include the following information on labels of containers of polyvinyl chloride
resin waste from reactors or other waste contaminated with vinyl chloride in
lieu of the labeling requirements in paragraphs (
l)(3)(A) of
this section:
CONTAMINATED WITH VINYL CHLORIDE
CANCER-SUSPECT
AGENT
(4)
Prior to June 1, 2015, employers may include the following information for
containers of polyvinyl chloride in lieu of the labeling requirements in
paragraph (
l)(1)(A) of this section:
POLYVINYL CHLORIDE (OR TRADE NAME)
Contains
VINYL CHLORIDE
VINYL CHLORIDE IS A CANCER-SUSPECT
AGENT
(5)
(A) Prior to June 1, 2015, employers may
include either the following information in either paragraph
(
l)(5)(A) or (
l)(5)(B) of this section on
containers of vinyl chloride in lieu of the labeling requirements in paragraph
(
l)(1)(A) of this section:
VINYL CHLORIDE
EXTREMELY FLAMMABLE GAS UNDER
PRESSURE
CANCER-SUSPECT AGENT
(B) In accordance with 49 CFR Parts 170-189,
with the additional legend applied near the label or placard:
CANCER-SUSPECT
AGENT
(6)
No statement shall appear on or near any required sign, label or instruction
which contradicts or detracts from the effect of, any required warning,
information or instruction.
(m) Records.
(1) All records maintained in accordance with
this section shall include the name and social security number of each employee
where relevant.
(2) Records of
required monitoring and measuring and medical records shall be provided upon
request to employees, designated representatives, and authorized
representatives of the Division of Occupational Safety and Health in accordance
with Section
3204. These records shall also be
provided upon request to the Director, National Institute for Occupational
Safety and Health.
(A) Monitoring and
measuring records shall:
1. State the date of
such monitoring and measuring and the concentrations determined and identify
the instruments and methods used;
2. Include any additional information
necessary to determine individual employee exposures where such exposures are
determined by means other than individual monitoring of employees;
and
3. Be maintained for not less
than 30 years.
(B)
Medical records shall be maintained for the duration of the employment of each
employee plus 20 years, or 30 years, whichever is longer.
(3) In the event that the employer ceases to
do business and there is no successor to receive and retain his records for the
prescribed period, these records shall be transmitted by registered mail to the
Director, National Institute for Occupational Safety and Health, 5600 Fisher
Lane, Rockville, Maryland 20852, and each employee individually notified in
writing of this transfer. The employer shall also comply with any additional
requirements involving the transfer of records set forth in Section
3204.
(n) Reports. See section
5203.
1. New
subsection (n)(1)(C), (n)(4), (n)(5) and (o) filed 6-1-77; effective thirtieth
day thereafter (Register 77, No. 23). For prior history, see Register 75, No.
29.
2. Editorial correction to history note (Register 79, No.
10).
3. Amendment of subsections (e)(2) and (m)(2) filed 1-17-80;
effective thirtieth day thereafter (Register 80, No. 3).
4.
Amendment of subsection (m) filed 3-20-81; effective thirtieth day thereafter
(Register 81, No. 12).
5. Editorial correction of subsections (k)(7)
and (n) filed 3-3-83 (Register 83, No. 10).
6. Amendment of former
subsections (g)(1)-(g)(5)(B) including subsection renumbering and relettering
resulting in newly designated subsections (g)(1)-(g)(3)(C) filed 8-25-98;
operative 11-23-98 (Register 98, No. 35).
7. Amendment of subsection
(n), repealer of subsections (n)(1)-(5) and amendment of NOTE filed 7-6-99;
operative 8-5-99 (Register 99, No. 28).
8. New subsection (d)(6)
filed 7-28-2005; operative 7-28-2005. Submitted to OAL for printing only
pursuant to Labor Code section
142.3(a)(3)
(Register 2005, No. 30).
9. Amendment of subsection (g)(3)(A),
repealer and new subsection (g)(3)(B), repealer of subsections (g)(3)(B)1.-2.
and repealer and new subsection (g)(3)(C) 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).
10. Amendment of subsection (l) and
subsections therein 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).
11. Amendment of subsection (l) and
subsections therein 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).
12. Repealer of 11-6-2013 order by
operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No.
19).
13. Amendment of subsection (l) and subsections therein 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,
9030,
9031 and
9040, Labor
Code.
