Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Scope and Application.
(1) This section
establishes requirements for the control of employee exposure to inorganic
arsenic.
(2) This section applies
to the manufacture, reaction, release, packaging, repackaging, storage,
handling, disposal or other use of inorganic arsenic except as otherwise
provided by this subsection. This section applies to the transportation of
inorganic arsenic except to the extent that the California Highway Patrol may
regulate the hazards covered by this section.
(3) This section does not apply to the use of
inorganic arsenic registered with the California Department of Food and
Agriculture where such use occurs in:
(A)
Pesticide application in agriculture, or
(B) Distribution, sale and use of ant control
devices.
(4) This section
applies to the manufacture and use of wood preservatives containing inorganic
arsenic but does not apply to the utilization of arsenically preserved
wood.
(5) This section does not
apply to the utilization of electronic products or components which contain
inorganic arsenic encapsulated or bound within the product in such a manner as
to make unlikely the possibility of exposure to airborne inorganic
arsenic.
(6) This section does not
apply to the storage, transshipment, distribution, or sale of inorganic arsenic
in intact, sealed containers except that the requirements for notification of
use and incidents (Section
5214(d)),
procedures for the effective cleanup of spills and leaks (Section
5214(j)), and
signs and labels (Section
5214 (l)) shall
apply.
(7) The requirements of this
section are subject to the provisions of the Occupational Carcinogens Control
Act of 1976 (Labor Code, Division 5, Part 10).
(b) Definitions.
Action level. An 8-hour time-weighted average
concentration of 0.005 milligrams of inorganic arsenic per cubic meter of air
(0.005 mg/m3, which is equal to 5 micrograms of
inorganic arsenic per cubic meter of air, or
5µg/m3).
Authorized person. Any employee or other person
specifically authorized by the employer whose duties require access to a
regulated area, including any employee or employee representative designated to
observe the performance of monitoring and measuring procedures pursuant to
Title 8, Section
340.1, California Administrative
Code.
Chief. The Chief of the Division of Occupational Safety
and Health, P.O. Box 420603, San Francisco, California 94142.
Director. The Director, National Institute for
Occupational Safety and Health, U.S. Department of Health and Human Services,
or designee.
Incident. Any occurrence such as, but not limited to,
equipment failure, rupture of containers, or failure of control equipment
resulting in the unexpected release of inorganic arsenic into an area where
employees, unprotected by appropriate respirators, clothing or equipment in
accordance with Sections
5214(h)(2)(A) or
5214(i), are
exposed to concentrations in excess of 1.0 milligrams per cubic meter of air or
are subjected to direct skin or eye contact with arsenic trichloride,
tribromide, or trifluoride.
Inorganic arsenic. Elemental arsenic and all of its
inorganic compounds, including copper acetoarsenite (Paris Green), with the
exception of arsine. For the purposes and requirements of this section, any
substance of a total inorganic arsenic content of 0.02 percent or less, by
weight, is excluded from this definition.
Qualitative fit testing. A procedure which tests for
leakage at the juncture of the respirator facepiece and the wearer's face by
determining whether or not the odor or taste of a test agent is detectable by
the respirator wearer while exposed to a test atmosphere.
Quantitative fit testing. A procedure using
instrumentation which measures the concentration of a test agent inside a
respirator while worn in a test atmosphere of known concentration; the ratio of
the concentration of the agent in the test atmosphere to its concentration
inside the respirator provides a numerical value (the fit factor) indicative of
the degree of protection afforded the wearer by the respirator under the test
conditions.
(c) Permissible
Exposure Limit. During a work day, no employee shall be exposed to airborne
inorganic arsenic in excess of an 8-hour time-weighted average concentration of
0.01 milligrams (as arsenic) per cubic meter of air.
(d) Registration of Use and Reporting of
Incidents. See section
5203.
(e) Exposure Monitoring.
(1) General.
(A) A determination of the concentration of
airborne inorganic arsenic to which each employee is exposed on an 8-hour
time-weighted average basis shall be made from air samples that are
representative of the employee's exposure without regard to the employee's use
of respiratory protective equipment.
(B) The employer shall collect full shift
(for at least 7 continuous hours) personal samples including at least one
sample for each shift for each job classification in each work
area.
(2) Initial
Monitoring. Each employer who has a workplace or work operation covered by this
standard shall monitor each such workplace and work operation to accurately
determine the concentration of airborne inorganic arsenic to which employees
may be exposed.
(3) Frequency.
(A) If the determination conducted pursuant
to Section 5214(e)(2) reveals
an employee's exposure to be in excess of the permissible exposure limit,
monitoring shall be repeated at least quarterly until two consecutive
measurements, taken at least seven days apart, demonstrate that such employee's
exposure no longer exceeds the permissible limit.
(B) Whenever an employee's exposure is
demonstrated to be at the permissible exposure limit, or below the permissible
exposure limit but at or above the action level, pursuant to determinations
conducted in conformance with Section
5214(e)(2) or
(e)(3)(A), monitoring of the employee's
exposure shall be repeated at 6-month intervals, as a minimum, thereafter. Such
measurements shall be continued until two consecutive determinations, taken at
least seven days apart, are below the action level and thereafter monitoring
may be discontinued except as required by Section
5214(e)(4).
(C) Whenever an employee's exposure is
demonstrated to be below the action level upon initial monitoring, by at least
two consecutive determinations, taken at least seven days apart in accordance
with Section
5214(e)(2), no
further monitoring is required except as required by Section
5214(e)(4).
(4) Additional Monitoring. Whenever there has
been a personnel, production, process, control, or other change which may
result in new or increased exposure to inorganic arsenic, additional monitoring
which complies with this subsection shall be conducted for all potentially
affected employees within 30 days of any such change.
(5) Employee Notification.
(A) Within five working days from the receipt
of monitoring results, each employee shall be notified in writing of the
results which represent that employee's exposure.
(B) Whenever the monitoring results
representative of an employee's exposure indicate that the employee's exposure
was in excess of the permissible limit, the written notice shall include a
statement that the permissible limit was exceeded and shall include a
description of the corrective action being taken to reduce the employee's
exposure to or below the permissible exposure limit.
(6) Accuracy of Measurement.
(A) A method of monitoring and measurement
shall be used which has an accuracy (with a confidence level of 95 percent) to
within plus or minus 25 percent for concentrations of airborne inorganic
arsenic, as arsenic, equal to or greater than the time-weighted average
permissible exposure limit.
(B) The
employer shall use a method of monitoring and measurement which has an accuracy
(with a confidence level of 95 percent) of not less than plus or minus 35
percent for concentrations of airborne inorganic arsenic greater than 0.005
milligrams per cubic meter of air but less than 0.01 milligrams per cubic meter
of air.
(f)
Regulated Areas.
(1) Regulated areas shall be
established where employee exposures to airborne inorganic arsenic, without
regard to the use of respirators, are in excess of the permissible exposure
limit.
(2) Regulated areas shall be
demarcated and segregated from the rest of the workplace in any manner that
minimizes the number of persons potentially exposed to inorganic arsenic. The
posting of regulated areas shall be in conformance with Section
5214(1)(2)(A) of
this standard.
(3) Access to
regulated areas shall be restricted to authorized persons or to other persons
authorized under the provisions of Labor Code Section
6314(a).
(4) All persons entering a regulated area
shall be provided with a respirator selected in accordance with Section
5214(h).
(g) Compliance.
(1) Methods.
(A) Employee exposure to airborne inorganic
arsenic shall be controlled at or below the permissible limit solely by means
of engineering and work practice controls except to the extent that such
controls are not feasible. Where engineering and work practice controls are not
sufficient to reduce exposure to or below the permissible exposure limit, they
shall nonetheless be used to reduce exposures to the lowest levels achievable
by such controls.
(B) Whenever
engineering and work practice controls which can be instituted in accordance
with Section
5214(g)(1)(A) do
not reduce and maintain employee exposures to or below the permissible limit,
respiratory protective equipment, in conformance with Section
5214(h), shall be
utilized to effectively control exposures within the permissible limit.
NOTE: Employee rotation or other administrative
controls are not required before respiratory protection is
instituted.
(C) Employee
protection against exposure to eye or skin contact with inorganic arsenic shall
be provided by engineering and work practice controls and, in accordance with
Section 5214(i), by
personal protective clothing and equipment.
(2) Written Program.
(A) The employer shall establish and
implement a written program to limit exposure to or below the permissible
exposure limit by means of engineering and work practice controls.
(B) Written plans for these compliance
programs shall include at least the following:
1. A description of each operation in which
inorganic arsenic is emitted; e.g. machinery used, material processed, controls
in place, crew size, operating procedures and maintenance practices;
2. Engineering plans and studies used to
determine methods selected for controlling exposure to inorganic
arsenic;
3. A report of the
technology considered in meeting the permissible exposure limit;
4. Monitoring data;
5. A detailed schedule for implementation of
the engineering controls and work practices that cannot be implemented
immediately and for the adaptation and implementation of any additional
engineering and work practices necessary to meet the permissible exposure
limit; and
6. Other relevant
information.
(C) The plan
required by this paragraph shall be revised and updated at least every six
months to reflect the current status of the program.
(D) Written plans required by this paragraph
shall be submitted to the Chief upon the request of authorized representatives
of the Division of Occupational Safety and Health and shall be available at the
workplace for examination and copying by such authorized representatives or by
any affected employee or employee representative.
(h) 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 or work practice controls;
(B) Work operations in which the employer
establishes that engineering and work practice controls are not
feasible;
(C) Work operations for
which engineering controls and supplemental work practice controls are not yet
sufficient to reduce exposures to or below the permissible exposure
limit;
(D)
Emergencies.
(2)
Respirator program.
(A) The employer must
implement a respiratory protection program in accordance with section
5144(b) (except
(d)(1)(C)) through (m).
(B) If an
employee exhibits breathing difficulty during fit testing or respirator use,
they must be examined by a physician trained in pulmonary medicine to determine
whether they can use a respirator while performing the required
duty.
(3) Respirator
Selection.
(A) The employer shall select, and
provide to employees, the appropriate respirators specified in Section
5144(d)(3)(A)1.
(B) Where employee exposures exceed the
permissible exposure limit for inorganic arsenic and also exceed the relevant
limit for particular gases, such as sulfur dioxide, any air purifying
respirator supplied to the employee as permitted by this standard must have a
combination high efficiency filter with an appropriate gas sorbent.
(C) The employer shall provide a powered, air
purifying respirator in lieu of the respirator specified in Section
5214(h)(3)(A)
whenever:
1. An employee chooses to use this
type of respirator; and
2. This
respirator will provide adequate protection to the
employee.
(D) Employers
shall ensure that employees do not use half mask respirators for protection
against arsenic trichloride because it is absorbed rapidly through the
skin.
(E) Employers shall provide
HEPA filters for powered and non-powered air-purifying respirators.
(F) The employer shall select and provide one
of the following respirators for protection against arsenic trichloride (and
all compounds with significant vapor pressure) concentrations not greater than
0.5 milligrams per cubic meter;
1. Gas mask,
front or back mounted, equipped with high efficiency filter, acid gas canister,
and full facepiece;
2. Any
supplied-air respirator with full facepiece;
3. Any self-contained breathing apparatus
with full facepiece.
(i) Protective Clothing and Equipment.
(1) Provision and Use. Where the possibility
of skin or eye irritation from inorganic arsenic exists and for all workers
working in regulated areas, the employer shall provide at no cost to the
employee, and require that employees use appropriate and clean protective work
clothing and equipment such as, but not limited to:
(A) Coveralls or similar full-body work
clothing;
(B) Gloves, and shoes or
shoe coverlets;
(C) Eye protection,
when necessary to prevent eye irritation, which complies with the requirements
of Article 10; and
(D) Impervious
clothing for employees subject to exposure to arsenic
trichloride.
(2) Cleaning
and Replacement.
(A) Protective clothing and
equipment shall be cleaned, laundered, repaired, replaced, or disposed of in a
manner which complies with all applicable provisions of this Order.
(B) Any person not under the control of the
employer to whom inorganic arsenic-contaminated clothing and equipment is
consigned for cleaning, laundering, disposal or other purpose shall be informed
in writing by the employer of the provisions of this Order and of the
potentially harmful effects, including carcinogenic effects, of exposure to
inorganic arsenic.
(C) The employer
shall provide the protective clothing required in Section
5214(i)(1), in a
freshly laundered and dry condition at least weekly, and daily if the employee
works in areas where exposures are over 0.1 milligrams of inorganic arsenic per
cubic meter of air or in areas where more frequent laundering is needed to
prevent skin irritation.
(D) The
employer shall repair or replace the protective clothing and equipment as
needed to maintain their effectiveness.
(E) The employer shall require that
protective clothing and equipment be removed in change rooms provided in
accordance with Section
5214(k)(3) and
always at the end of the working day except under conditions which would place
the employee at greater risk such as during an emergency situation.
(F) Labels on contaminated protective
clothing and equipment.
1. The employer shall
ensure that the containers of contaminated protective clothing and equipment in
the workplace or which are to be removed from the workplace are labeled and
that the labels include the following information:
DANGER: CONTAMINATED WITH
INORGANIC ARSENIC. MAY CAUSE
CANCER.
DO NOT REMOVE DUST BY BLOWING OR
SHAKING
DISPOSE OF INORGANIC ARSENIC
CONTAMINATED
WASH WATER IN ACCORDANCE WITH
APPLICABLE
LOCAL, STATE OR FEDERAL
REGULATIONS.
2. Prior
to June 1, 2015, employers may include the following information on containers
of protective clothing and equipment in lieu of the labeling requirements in
subsection (i)(2)(F) of this section:
CAUTION: Clothing contaminated with inorganic arsenic;
do not remove dust by blowing or shaking. Dispose of inorganic arsenic
contaminated wash water in accordance with applicable local, State or Federal
regulations.
(G)
Where inorganic arsenic compounds with significant vapor pressure such as
arsenic trichloride are used, the employer shall develop a procedure
prescribing appropriate emergency action for the removal and disposition of
contaminated protective clothing and/or equipment.
(H) The employer shall prohibit the removal
of inorganic arsenic from protective clothing or equipment by shaking or by the
use of compressed air or other gases.
(j) Housekeeping.
(1) Procedures shall be established and
implemented for the prompt and effective cleanup of inorganic arsenic spills
and leaks and for the maintenance of all accessible working surfaces such as
floors, bench tops, and hand rails as free as practicable of accumulations of
inorganic arsenic. Methods used shall minimize the reentry of inorganic arsenic
into the workplace.
(2) Floors and
other accessible surfaces contaminated with inorganic arsenic may not be
cleaned by the use of compressed air, and shoveling and brushing may be used
only where vacuuming or other relevant methods have been tried and found not to
be effective.
(3) Where cleaning is
performed by vacuuming methods, a high efficiency internal filter (99.97
percent efficiency against 0.3 micrometer monodisperse
di(2-ethylhexyl)phthalate (DOP)particles) or other appropriate means shall be
utilized for removal of inorganic arsenic from all air exhausted by the vacuum
system or device.
(4) Where a
portable vacuum cleaning device is utilized, it shall be labeled in accordance
with Section
5214
(l)(3).
(5) A
written housekeeping and maintenance plan shall be kept which shall list
appropriate frequencies for carrying out housekeeping operations, and for
cleaning and maintaining ventilation and dust collection equipment. The plan
shall be available for inspection by authorized representatives of the
Chief.
(6) Periodic cleaning of
dust collection and ventilation equipment and checks of their effectiveness
shall be carried out to maintain the effectiveness of the system. Design,
construction, operation, maintenance, testing, and record keeping for
ventilation and dust collection systems shall comply with section
5143.
(7) Inorganic arsenic waste, scrap, debris,
bags, containers, or equipment shall be disposed of in sealed and labeled bags
or other closed and labeled containers which prevent dispersion of inorganic
arsenic outside the container.
(k) Hygiene Facilities and Practices.
(1) Employees who work in a regulated area or
who are otherwise subject to possible direct contact with inorganic arsenic
shall be required to routinely exercise the following practices.
(A) To wash their hands and face before
eating.
(B) To shower at the
completion of the work shift and always before changing into street
clothes.
(2) The storage
and consumption of food or beverages; the storage, smoking, or chewing of
tobacco products or other products for smoking or chewing; and the storage and
application of cosmetics are prohibited in regulated areas. Drinking fountains
are permitted in regulated areas.
(3) Change rooms and shower facilities shall
be provided for the use of employees working in a regulated area or who are
otherwise required to shower or use personal protective clothing and equipment
in accordance with this Order.
(A) Change
rooms shall conform with Section
3367.
(B) Shower facilities shall conform with
Section 3366(f).
(4) The employer shall provide for employees
working in regulated areas, lunchroom facilities which have a temperature
controlled, positive pressure, filtered air supply, and which are readily
accessible to employees working in regulated areas.
(5) The employer shall provide facilities for
employees working in areas where exposure, without regard to the use of
respirators, exceeds 0.1 milligrams of inorganic arsenic per cubic meter of air
to vacuum their protective clothing and clean or change shoes worn in such
areas before entering change rooms, lunchrooms or shower rooms required by this
subsection and shall assure that employees use such facilities.
EXCEPTION: Workplaces where inorganic arsenic is
restricted to compounds with significant vapor pressure such as arsenic
trichloride.
(6) The
employer shall assure that no employee is exposed to skin or eye contact with
arsenic trichloride, or to skin or eye contact with liquid or particulate
inorganic arsenic which is likely to cause skin or eye
irritation.
(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 inorganic
arsenic.
(B) In classifying the
hazards of inorganic arsenic at least the following hazards are to be
addressed: Cancer; liver effects; skin effects; respiratory irritation; nervous
system effects; and acute toxicity effects.
(C) Employers shall include inorganic arsenic
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 inorganic arsenic and to
safety data sheets, and is trained in accordance with the requirements of HCS
and subsection (m) of this section.
(D) The employer shall ensure that no
statement appears on or near any sign or label required by this subsection
(l) which contradicts or detracts from the meaning of the
required sign or label.
(2) Signs.
(A) The employer shall post signs demarcating
regulated areas bearing the legend:
DANGER
INORGANIC ARSENIC
MAY CAUSE CANCER
DO NOT EAT, DRINK OR SMOKE
WEAR RESPIRATORY PROTECTION IN THIS
AREA
AUTHORIZED PERSONNEL ONLY
(B) Prior to June 1, 2016, employers may use
the following legend in lieu of that specified in subsection (p)(2)(A) of this
section:
DANGER
INORGANIC ARSENIC
CANCER HAZARD
AUTHORIZED PERSONNEL ONLY
NO SMOKING OR EATING
RESPIRATOR REQUIRED
(C) The employer shall assure that signs
required by this section are illuminated and cleaned as necessary so that the
legend is readily visible.
(3) Labels.
(A) Prior to June 1, 2015, in lieu of the
labeling requirements in subsection (
l)(1)(A) of this section,
employers may apply precautionary labels to all shipping and storage containers
of inorganic arsenic, and to all products containing inorganic arsenic, bearing
the following legend:
DANGER
CONTAINS INORGANIC ARSENIC
CANCER HAZARD
HARMFUL IF INHALED OR SWALLOWED
USE ONLY WITH ADEQUATE
VENTILATION
OR RESPIRATORY PROTECTION
(B) Labels are not required when the
inorganic arsenic in the product is bound in such a manner so as to make
unlikely the possibility of airborne exposure to inorganic arsenic. (Possible
examples of products not requiring labels are semiconductors, light emitting
diodes and glass.)
(m) Employee Information and Training.
(1) Training Program. A training program
shall be instituted for all employees who may be exposed to inorganic arsenic
above the action level without regard to respirator use or for whom there is
the possibility of skin or eye irritation from inorganic arsenic. The employer
shall require that those employees participate in the training program.
(A) The training program shall be provided at
the time of an employee's initial assignment and at least annually
thereafter.
(B) The program shall
include, as a minimum, the following information, instruction, and training in
language which all affected employees can understand:
1. The information contained in Appendix
A;
2. The quantity, location,
manner of use, storage, sources of exposure, and the specific nature of
operations which could result in exposure to inorganic arsenic as well as any
necessary protective steps;
3. Work
and hygienic practices to be followed to preclude exposure to inorganic
arsenic;
4. The purpose, proper
use, and limitations of respiratory protective equipment and protective
clothing and equipment;
5. The
purpose and a description of the medical surveillance program as required by
Section 5214(n);
6. The engineering controls and work
practices associated with the employee's job assignment; and
7. A review of this
standard.
(2)
Access to Training Materials.
(A) A copy of
this standard and its appendices shall be made readily available to all
affected employees.
(B) The
employer shall provide, upon request, all materials relating to the employee
information and training program to authorized representatives of the
Chief.
(n)
Medical Surveillance.
(1) General.
(A) The employer shall institute a medical
surveillance program for the following employees:
1. All employees who are or will be exposed
above the action level, without regard to the use of respirators, at least 30
days per year; and
2. All employees
who have been exposed above the action level, without regard to respirator use,
for 30 days or more per year for a total of 10 years or more of combined
employment with the employer or predecessor employers prior to or after the
effective date of this standard. The determination of exposures prior to the
effective date of this standard shall be based upon prior exposure records,
comparison with the first measurements taken after the effective date of this
standard, or comparison with records of exposures in areas with similar
processes, extent of engineering controls utilized and materials used by that
employer.
(B) The
employer shall obtain the services of a licensed physician familiar with the
occupational hazards of inorganic arsenic to perform or supervise all medical
examinations and procedures required by this subsection.
(C) The employer shall provide all medical
examinations and procedures without cost to the employee, without loss of pay
and at a reasonable time and place.
(2) Initial Examinations. At the time of
initial assignment to an area where the employee is likely to be exposed over
the action level at least 30 days per year, the employer shall provide each
affected employee an opportunity for a medical examination, including at least
the following elements:
(A) A work and
comprehensive medical history, including smoking history;
(B) A physical examination with special
attention to skin, nose, respiratory tract, lymph nodes, nervous system, and
liver;
(C) Posterior-anterior chest
X-ray (14-inch x 17-inch);
(D) A
sputum cytology examination and
(E)
Other examinations which the physician believes appropriate because of the
employee's exposure to inorganic arsenic or because of required respirator
use.
(3) Periodic
Examinations.
(A) The employer shall provide
each affected employee under 45 years of age with fewer than 10 years of
exposure over the action level, without regard to respirator use, an
opportunity for an annual medical examination, including the following
elements:
1. Interim work and medical history,
including smoking history;
2.
Interim physical examination; and
3. Other examinations which the physician
believes appropriate because of the employee's exposure to inorganic arsenic or
because of required respirator use.
(B) The employer shall provide each affected
employee either 45 years of age or older or with 10 or more years of exposure
over the action level, without regard to respirator use, with an opportunity
for a semi-annual medical examination, including a sputum cytology examination
in addition to the elements prescribed by Section
5214(n)(3)(A).
(C) Whenever an affected employee has not
taken the applicable medical examination prescribed by Section
5214(n)(3)(A) or
(n)(3)(B) within six (6) months preceding the
termination of employment, the employer shall provide an opportunity for such
examination upon termination of employment.
(4) Additional Examinations. Whenever signs
or symptoms of health problems arise which the employee believes to be related
to occupational exposure to inorganic arsenic, the employer shall provide the
employee an opportunity for medical consultation from the physician.
(5) Physician's Written Report.
(A) The employer shall obtain from the
physician a written report interpreting the results, insofar as they concern
occupational hazards, of each medical examination and providing
recommendations, if appropriate, of action to be taken by the employer for the
protection of the employee's health.
(B) The employer shall instruct the physician
not to reveal in the written opinion specific findings or diagnoses unrelated
to occupational exposure.
(C) The
physician's written report shall include a statement that the employee has been
informed by the physician of the results of the medical examination and any
medical conditions which require further explanation or treatment.
(D) The employer shall provide a copy of the
physician's written report to the affected employee.
(6) Information Provided to the Physician.
The employer shall make the following information available to the physician
prior to the conduct of any medical examination required by this subsection.
(A) A copy of this standard and its
appendices.
(B) A description of
the employee's duties as they relate to exposure to inorganic
arsenic.
(C) For candidates for
employment or new employees, a statement of the anticipated or estimated
8-hour, time-weighted average concentration of airborne inorganic arsenic which
the employee will experience.
(D)
For currently employed workers, a statement of the employee's representative
level of exposure to airborne inorganic arsenic, as determined in accordance
with Section
5214(e), resulting
from usual and/or periodic work assignment and a statement of the employee's
length of service in operations subject to known or probable exposure to
inorganic arsenic.
(E) A
description of respiratory protective equipment and other protective equipment
and clothing used or anticipated to be used by the employee and a statement of
the conditions and prevalence of such usage.
(F) Information from previous medical
examinations of the affected employe which is not readily available to the
examining physician.
(G) Any other
information related to the employee's work involving inorganic arsenic which
the employer may consider pertinent to the medical
examination.
(o) Recordkeeping.
(1) Exposure Monitoring. The employer shall
establish and maintain a record of all monitoring required by Section
5214(e).
(A) This record shall include:
1. The dates, number, duration, location, and
results of each of the samples taken, including a description of the sampling
procedure used to determine representative employee exposure;
2. A description of the sampling and
analytical methods used and evidence of their accuracy;
3. The type of respiratory protective devices
worn, if any;
4. Name, social
security number, and job classification of employee(s) monitored and of all
other employees whose exposure the measurement is intended to represent;
and
5. The environmental variables
that could affect the measurement of the employees
exposure.
(B) The
employer shall maintain these monitoring records for at least 40 years or for
the duration of employment plus 20 years, whichever is
longer.
(2) Physician's
Written Reports.
(A) The employer shall
establish and maintain an accurate record of the physician's written reports
obtained in accordance with Section
5214(n)(5) for
each affected employee. The record shall include the name and social security
number of the employee and the following:
1.
Results of any exposure monitoring done for that employee and the
representative exposure levels supplied to the physician; and
2. Any employee medical complaints related to
exposure to inorganic arsenic.
(B) This record shall be maintained for at
least 40 years or for the duration of employment plus 20 years, whichever is
longer.
(3) Medical
Records.
(A) The employer shall keep, or
assure that the examining physician keeps, the following medical records:
1. A copy of the medical examination results
including medical and work history required under Section
5214(n);
2. A description of the laboratory procedures
and a copy of any standards or guidelines used to interpret the test results or
references to that information;
3.
The initial X-ray and any subsequent X-rays;
4. The initial cytologic examination slide
and written description;
5. The
cytologic examination slide and written description for the most recent 5
years; and
6. Any cytologic
examination slides with demonstrated atypia, if such atypia persists for 3
years, and all subsequent slides and written descriptions.
(B) The employer shall maintain or assure
that the physician maintains those medical records for at least 40 years or for
the duration of employment plus 20 years, whichever is
longer.
(4) Availability.
(A) The employer shall make available upon
request all records required to be maintained by this section to authorized
representatives of the Chief and the Director for examination and
copying.
(B) Records required by
this section shall be provided upon request to employees, designated
representatives, and authorized representatives of the Chief in accordance with
Section 3204.
(5) Transfer of Recordkeeping.
(A) Whenever an employer ceases to do
business, all applicable records maintained under the requirements of this
section shall be transferred to the successor employer for their continued
maintenance.
(B) If an employer
ceases to do business and there is no successor employer, the record(s) shall
be transmitted to the Director.
(C)
At the expiration of the retention period for the records required to be
maintained by this section, the employer shall notify the Director at least 3
months prior to the disposal of such records and shall transmit those records
to the Director if he requests them within that period.
(D) The employer shall also comply with any
additional requirements involving the transfer of records set forth in Section
3204.
(p) 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 inorganic arsenic conducted
pursuant to Section
5214(e).
(2) Observation procedures.
(A) Whenever observation of the monitoring of
employee exposure to inorganic arsenic requires entry into an area where the
use of respirators, protective clothing, or equipment is required, the employer
shall provide the observers with and assure the use of such respirators,
clothing, and such equipment, and shall require the observers to comply with
all other applicable safety and health procedures.
(B) Without interfering with the monitoring,
observers shall be entitled to:
(1) Receive
an explanation of the measurement procedures;
(2) Observe all steps related to the
monitoring of inorganic arsenic performed at the place of exposure;
and
(3) Record the results obtained
or receive copies of the results when returned by the
laboratory.
(q) Appendices. The information contained in
the appendices to this standard is not intended, by itself, to create any
additional obligations not otherwise imposed by the standard or to detract from
any such obligation.
1.
Renumbering of Section 5214 to Section
5185 filed 5-3-78 as procedural and
organizational; effective upon filing (Register 78, No. 18). For history of
former Section 5214, see Register 77, No. 41.
2. New section filed
3-19-79; effective thirtieth day thereafter (Register 79, No.
12).
3. Amendment of subsection (a)(3) filed 9-15-80; effective
thirtieth day thereafter (Register 80, No. 38).
4. Amendment of
subsection (o) and Appendix A (VIII) filed 3-20-81; effective thirtieth day
thereafter (Register 81, No. 12).
5. Amendment of subsections
(a)(6), (a)(7), (b), (d)(1)(C), (e)(2), (h) and (n)(5)(A) filed 5-29-81;
effective thirtieth day thereafter (Register 81, No. 22).
6.
Editorial correction of subsection (b) filed 3-3-83 (Register 83, No.
10).
7. Amendment filed 10-29-87; operative 11-28-87 (Register 87,
No. 44).
8. 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).
9. Amendment of subsections
(l)(2)(B)-(C) filed 2-5-97; operative 3-7-97 (Register 97, No.
6).
10. Amendment of former subsections (h)(1)-(h)(3)(C)2. including
subsection renumbering and relettering resulting in newly designated
subsections (h)(1)-(h)(3)(C)2. filed 8-25-98; operative 11-23-98 (Register 98,
No. 35).
11. Editorial correction moving NOTE and HISTORIES 1-10
from following Appendix C to preceding Appendix A (Register 99, No.
28).
12. Amendment of subsection (d), repealer of subsections
(d)(1)-(3) and amendment of NOTE filed 7-6-99; operative 8-5-99 (Register 99,
No. 28).
13. Amendment of subsections (h)(3)(A), (i)(1)(C) and
(j)(5)-(6) and amendment of section III. of Appendix A filed 5-27-2003;
operative 6-26-2003 (Register 2003, No. 22).
14. Amendment of
subsection (h)(2)(A) filed 7-31-2003; operative 8-30-2003 (Register 2003, No.
31).
15. Editorial correction amending subsection (b) (Register
2004, No. 10).
16. Amendment of subsection (h)(3)(A) and new
subsections (h)(3)(D)-(h)(3)(F)3. 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. Repealer and new subsection (i)(2)(F),
new subsections (i)(2)(F)1.-2. and 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).
18. Repealer and new subsection (i)(2)(F),
new subsections (i)(2)(F)1.-2. and 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).
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. Repealer and new subsection (i)(2)(F), new subsections
(i)(2)(F)1.-2. and 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.
