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
4,4'-methylenebis(2-chloroaniline), MBOCA, Chemical Abstracts Service Registry
No. 101144.
(2) This section
applies to the manufacture, packaging, repackaging, storage, handling and use
of MBOCA, but does not apply to:
(A)
Fabricated products; or
(B) The
storage or transportation of MBOCA in sealed, unbroken containers except for
labeling of containers under Section
5215(j)(3),
reporting of use under Section
5215(m) and
preparation of emergency plan under Section
5215(h)(4).
(3) The requirements of this section are
subject to the provisions of the Occupational Carcinogens Control Act of 1976
(Health and Safety Code, Division 20, Chapter 2).
(b) Definitions.
Authorized Person. Any person specifically authorized
by the employer to handle or use MBOCA or to enter a controlled access 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.
Chief. The Chief of the Division of Occupational Safety
and Health, P.O. Box 420603, San Francisco, CA 94142.
Controlled Access Area. An area where entry and exit
are restricted and controlled for the purpose of limiting occupational exposure
to MBOCA.
Engineering Controls. Methods of controlling
occupational exposure to injurious materials or conditions by means of general
or local exhaust ventilation, by process modification, or by isolation or
enclosure of health hazard-producing operation or machinery. Engineering
controls do not include employee personal protection.
Work Practice Controls. Methods of controlling
occupational exposure to injurious materials or conditions by means of written
procedures specifying handling, employee personal protection and personal
hygiene.
Fabricated Products. Any elastomer or foam product
processed so that the unreacted MBOCA is less than 1.0 percent by weight of
polymer.
MBOCA. 4,4'-Methylenebis(2-chloroaniline), Chemical
Abstracts Service Registry No. 101144. Appendix A contains other
synonyms.
(c) Permissible
Exposure Limit.
(1) Exposure to MBOCA shall
be controlled such that no employee's urine contains more than 100 micrograms
(µg) of MBOCA per liter of urine when the specific gravity of the urine
is adjusted to 1.024.
(2) Where
specific urine samples are not received as requested by the Chief or his
authorized representatives:
(A) Employees
shall not be exposed to an 8-hour time-weighted average concentration of MBOCA
in excess of 10 µg (micrograms) per cubic meter of air, and
(B) Employees shall not be exposed to a
ceiling concentration in excess of 50 µg per cubic meter of air during
any 15-minute period, and
(C)
Accessible surfaces which employees are likely to contact in controlled access
areas or uncontrolled areas during their normal work shall not exceed 100
µg MBOCA per 100 cm2 of surface. For
regulatory purposes, the average of at least five wipe samples shall be used;
if one sample exceeds the mean by a factor of 10 or more, it will be rejected
as not being representative.
(d) Monitoring.
(1) Within 30 days of the effective date of
this standard, employers using more than one kilogram of MBOCA regardless of
concentration, dilution or form, except frozen premix, in any 6-month period
shall institute a program of monitoring of surface contamination and urine
analysis.
(2) All authorized
employees who enter a controlled access area shall have the urine analysis
repeated quarterly. Samples are to be obtained near the end of the work
shift.
(3)
(A) Employees whose urinary levels of MBOCA
exceed 100 µg/1 with specific gravity adjusted to 1.024 shall be tested
at least monthly until 2 consecutive samples taken no less than 3 days apart
have been reduced to below 100 µg/liter.
(B) No later than 6 months from the effective
date of this standard, employees whose urinary levels of MBOCA exceed 100
µg/1 with specific gravity adjusted to 1.024 shall be tested at least
monthly until 2 consecutive samples taken no less than 3 days apart have been
reduced to below 30 µg/liter.
(4) The method of monitoring and measurement
shall be accurate and precise so that 95% of the determinations are within 25%
of the true value at the exposure limit.
(5) Employees or their designated
representatives shall be afforded reasonable opportunity to observe the
monitoring and measuring required by this paragraph.
(6) Within 10 working days following any
monitoring and measuring which discloses that any employee has been exposed in
excess of the permissible exposure limit, each such employee shall be notified
in writing of the numerical results of the monitoring.
(e) Controlled Access Area.
(1) All areas outside of controlled access
areas shall be maintained so that MBOCA contamination of surfaces does not
exceed 100 µg per 100 cm2.
(2) All equipment and materials removed from
a controlled access area shall be decontaminated so that MBOCA does not exceed
100 µg per 100 cm2 of surface.
(3) Entry to controlled access areas shall be
limited to authorized personnel and escorted visitors. A daily roster shall be
made of persons who enter the controlled access area.
(4) Storage, consumption or use of food,
beverages, cosmetics, smoking or chewing materials are prohibited in controlled
access areas, except for foot-operated drinking fountains.
(f) Methods of Control.
(1) Employee exposures which exceed the
limits specified in Section
5215(c) shall be
prevented by engineering controls whenever feasible.
(2) Written plans, including timetables for
attaining compliance with this section, shall be developed and furnished on
request for examination and copying by the Chief or his authorized
representative. Such plans shall be updated at least every six months until
compliance is achieved and maintained to reflect current methods of
control.
(g) Respiratory
Protection.
(1) Respiratory protective
equipment shall be provided in accordance with this subsection and Section
5144. Records of face fit tests
shall be maintained.
(2)
Appropriate selection, provision, and use of respiratory protective equipment
shall be based on the following table.
RESPIRATORY PROTECTION FOR MBOCA
Concentration of
Airborne | |
MBOCA | Respiratory
Type |
1. Not greater than 0.1 milligram per cubic
meter. | Air-purifying with high efficiency particulate filter* and
half-mask; |
| Any supplied air respirator with
half-mask. |
2. Not greater than 0.5 milligrams cubic
meter. | Air-purifying, with high efficiency particper ulate filter* and
full facepiece; |
| Any supplied air respirator with full
facepiece; |
| Any self-contained breathing apparatus
with full facepiece. |
Concentration of
Airborne |
|
MBOCA | Respiratory
Type |
3. Not greater 10 milligrams per cubic
meter | Powered air-purifying, with high efficiency particulate filter*,
half-mask, full facepiece, hood or helmet; |
| Supplied air, operated in positive
pressure mode, with half-mask. |
4. Not greater than 20 milligrams per cubic
meter | Supplied air, operated in .positive pressure mode, with full
facepiece, hood, helmet, or suit. |
5. Firefighting and/or any high or potentially
high concentration | Self-contained breathing apparatus with full
facepiece operated in pressure demand mode; |
| Combination breathing apparatus:
supplied-air, positive pressure, full facepiece respirator with auxiliary
self-contained compressed air supply with sufficient service time for
escape. |
* High efficiency filter--99.97 percent efficiency
against 0.3 micrometer monodisperse diethylhexyl phthalate (DOP)
particles.
(3) Employee
Options.
(A) Employees who wear respirators
shall be allowed reasonable time to leave work areas to wash the face and
respirator facepiece to prevent potential skin irritation associated with
respirator use.
(B) Where
air-purifying respirators are required for protection against MBOCA, the
employee shall be permitted to change filter elements whenever an increase in
breathing resistance is detected, a the employer shall maintain an adequate
supply of filter elements for this purpose.
(C) Where compliance with this section
requires employee use of an air-purifying respirator for a major portion of the
work shift, the employer shall provide, at the option of each affected
employee, a powered respirator within 120 days of the effective date of this
order.
(h)
Hazardous Operations and Emergencies.
(1)
Employees engaged in hazardous operations, shall be provided with and required
to use:
(A) Respiratory protection that is in
accordance with Section
5215(g).
(B) Protective garments to prevent skin
contact. The protective garments shall be selected for the operation and its
possible exposure conditions.
(C)
Eye and face protection where splash hazards from liquid or solution of MBOCA
exist.
(2) Employees
shall be decontaminated before removing protective garments.
(3) Protective garments shall be provided
clean and dry for each use of the garments.
(4) A written operational plan for hazardous
operations and emergency situations shall be developed for each facility
manufacturing, processing, handling, packaging, repackaging, releasing,
storing, selling, transferring, transporting, disposing, or using MBOCA.
Appropriate portions of the plan shall be implemented in the event of an
emergency. The plan shall specifically provide that:
(A) Employees engaged in hazardous operations
or correcting situations of existing hazardous spills shall be equipped as
required in this paragraph.
(B)
Other employees not so equipped shall evacuate the area and not return until
conditions are controlled by methods required in Section
5215(f) and the
emergency is abated.
(C) Areas
containing hazardous operations, or where the emergency currently exists, shall
be posted in accordance with Section
5215
(l)(2).
(D)
Reports shall be made as required by Section
5215(m).
(E) An employee with a known contact with
MBOCA shall be required to shower and wash hair as soon as possible, unless
prevented by physical injuries, and shall be given the option to provide a
urine specimen for analysis of MBOCA content.
(i) Decontamination and Disposal. All waste
contaminated with MBOCA shall be disposed of in accordance with Hazardous Waste
Disposal Regulations, Title 22, California Code of Regulations, Sections 60001
through 60283.
(1) All shipping containers
shall be considered contaminated until decontaminated, or shown not to be
contaminated.
(2) Contaminated
surfaces may be decontaminated by:
(A) Removal
of MBOCA by appropriate mechanical and chemical means; or
(B) Reacting and sealing the MBOCA with
urethane or isocyanate solutions.
(3) Decontaminated surfaces shall be retested
by wipe samples or fixed with a label showing date and method by which surface
was decontaminated, and the label required by Section
5215(j)(3).
(j) Communication of MBOCA 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 MBOCA.
(B) In classifying the hazards of MBOCA at
least the following hazards are to be addressed: cancer; liver effects; blood
effects; kidney effects; and acute toxicity effects.
(C) Employers shall include MBOCA 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 MBOCA and to safety data
sheets, and is trained in accordance with the requirements of HCS and
subsection (j)(4) of this section.
(2) Signs.
(A) The employer shall post entrances to
controlled access areas with legible signs bearing the legend:
DANGER
4,4'-METHYLENEBIS(2-CHLOROANILINE)
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
4,4'-METHYLENEBIS(2-CHLOROANILINE)
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 subsection (j)(2)(A) of this
section:
CONTROLLED ACCESS AREA
AUTHORIZED PERSONNEL ONLY
4,4'-METHYLENEBIS(2-CHLOROANILINE)
(D) Prior to June 1, 2016, employers may use
the following legend in lieu of that specified in subsection (j)(2)(B) of this
section:
DANGER
HAZARDOUS/EMERGENCY CONDITION
4,4'-METHYLENEBIS(2-CHLOROANILINE)
ENTRY PROHIBITED EXCEPT UNDER
EMERGENCY
PROCEDURES
(E) Prescribed emergency procedures shall be
posted or available in appropriate locations.
(3) Labels.
(A) The employer shall ensure that labels or
other appropriate forms of warning are provided for containers of MBOCA within
the workplace. The labels shall comply with the requirements of subsection
(j)(1) of this section and section
5194(f).
(B) Prior to June 1, 2015, employers may
include the following information for containers of MBOCA in lieu of the
labeling requirements in subsection (j)(1) of this section:
CAUTION
4,4'-METHYLENEBIS(2-CHLOROANILINE)
AVOID SKIN CONTACT
AVOID BREATHING DUST/VAPOR
REGULATED CARCINOGEN
(C) 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.
(4)
Information and Training.
Each employee engaged in an operation or activity where
MBOCA is used shall receive an Information and Training Program including the
information or requirements of this subsection and precautions for its safe
use.
(A) Instruction shall include all
information in the Safety Data Sheets applicable to the specific
MBOCA-containing product to which there is possible exposure. Such a program
shall be provided without cost to the employee.
(B) The program shall include:
1. The nature of the carcinogenic hazard,
including local and systemic toxicity.
2. The specific nature of the operation
involving MBOCA which could result in exposure in excess of the permissible
exposure limits and necessary protective steps.
3. The purpose, proper use, and limitations
of respiratory protective devices, gloves and protective garments.
4. The purpose for, and application of,
decontamination procedures.
5. The
purpose for, and significance of, emergency practices and procedures.
6. The employee's specific role in prescribed
emergency procedures.
7. Employee
familiarization with the prescribed emergency procedures and rehearsal in their
application.
8. Specific
information to aid the employee in recognition of conditions which may result
in exposure to MBOCA.
9. The
purpose for, and application of, specific first aid procedures and
practices.
10. The purpose for, and
description of, the monitoring program.
11. The purpose for, and description of, the
medical surveillance program.
12.
Employee rights under this section and the CAL/OSHA program.
13. A review of this section at the
employee's first training and indoctrination program and annually
thereafter.
(C) All
materials relating to the program shall be provided on request to the Chief or
his authorized representative.
(D)
The employer shall make a copy of this section and its appendices readily
available to all affected employees.
(k) Medical Surveillance. A program of
medical surveillance shall be instituted for each authorized person. The
employer shall provide each such employee with an opportunity for medical
examinations and tests in accordance with this subsection. 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) Frequency of medical examinations:
(A) Prior to time of initial assignment or
within 90 days of the effective date of this order.
(B) At least every 3 years for the first 10
years of employment involving the use of MBOCA, and annually
thereafter.
(2) Content
of medical examinations:
(A) A comprehensive
medical history with emphasis on pertinent medical, occupational, genetic, and
environmental factors (employee and employee's family).
(B) A comprehensive physical examination with
emphasis on detecting abnormalities of the liver, pulmonary system, urinary
system, breasts, and hematologic system.
(C) Evaluation of the advisability of the
employee using negative or positive pressure respirators.
(D) Laboratory tests shall include:
1. Chest X-ray (14-inch by 17-inch,
posterior-anterior).
2. Serum total
bilirubin.
3. Serum alkaline
phosphatase.
4. Serum glutamic
oxaloacetic transaminase (SGOT) or serum glutamic pyruvic transaminase
(SGPT).
5. Complete blood count
(CBC).
6. Complete urinalysis
(UA).
(3)
Information provided to the physician by the employer:
(A) A copy of this standard and its
appendices.
(B) The results of the
biological monitoring required by this section since the last medical
examination.
(4) The
examining physician's written opinion to the employer regarding each employee
shall include:
(A) The results of the medical
tests performed.
(B) Any medical
condition that could place the employee at an increased risk of material
impairment of health from his employment.
(5) The employer shall provide a copy of the
written opinion to the affected employee.
(l) Records.
(1) All records maintained in accordance with
this section shall include the name an social security number of each employee
where relevant.
(2) Records of
required monitoring and measuring, face fit tests, medical records, and
authorized personnel rosters shall be made and shall be available upon request
for examination and copying to authorized representatives of the Chief. Such
records shall also be provided upon request to authorized representatives of
the Chief in accordance with Section
3204.
(3) The daily roster of employees entering
regulated areas or a summary of the rosters shall be retained for a period of a
year. The roster and/or summaries shall be provided upon request to authorized
representatives of the Chief.
(4)
Monitoring and measuring records shall be maintained for not less than 30 years
and shall contain the following information:
(A) Date, location, and concentration of each
determination;
(B) Instruments and
methods used;
(C) Any additional
information necessary to determine individual employee
exposure.
(5) Face fit
tests shall be maintained for not less than one year and shall include persons
tested, method used and results.
(6) The employer shall maintain the originals
or true copies of the physician's written opinions regarding each affected
employee for the duration of the employment plus 20 years or for 30 years,
whichever is longer.
(7) In the
event that the employer ceases to do business and there is no successor to
receive and retain the records for the prescribed period, these records shall
be transmitted by Registered Mail to the Director of National Institute for
Occupational Safety and Health, U.S. Department of Health and Human Services.
The employer shall also comply with any additional requirements involving the
transfer of records set forth in Section
3204.
(8) Employees, former employees, or their
designated representatives shall be provided records of required monitoring and
measuring in accordance with Section
3204.
(9) Upon written request of any employee or
former employee, a copy of the medical record of that employee shall be
furnished to the employee or to any physician or other individual or
organization designated by the employee or former employee in accordance with
Section 3204.
(m) Reports. See section
5203.