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 ethylene dibromide (EDB) including
exposures which may result after EDB use as a fumigant. Because of the higher
risk of harm due to exposure above the permissible exposure limit,
noncompliance with subsections (c), (e) through (j), and (m) constitutes a real
and apparent hazard.
(2) This
section applies to the manufacture, reaction, packaging, repackaging, storage,
transportation, distribution, sale, handling and use of ethylene
dibromide.
(3) This section does
not apply to the storage, transportation, distribution or sale of EDB in intact
containers sealed in such a manner as to prevent the release of EDB vapor or
liquid except for the following provisions:
(A) Notification of use and emergencies
(subsection (d));
(B) Emergency
Procedures (subsection (i));
(C)
Training (subsection (j)); and
(D)
Posting and notification of shipment (subsection (j)).
(4) This section, with the exception of
subsection (c), Permissible Exposure Limit, does not apply to:
(A) The distribution, storage, bulk handling,
or use of leaded fuel;
NOTE: This section applies to the entering of leaded
fuel storage tanks.
(B) The
handling and storage of EDB-treated materials at or between wholesale and
retail establishments provided the requirements of subsection (n), Receipt of
EDB-Treated Materials, have been met;
(C) Liquid mixtures that contain less than
0.01% EDB by weight or volume.
(5) This section does not apply to the use of
EDB by pest control applicators who are regulated by the California Department
of Food and Agriculture. Employees who may be exposed to EDB as a result of the
activities of such applicators are covered by this section.
(6) The provisions of this section are
subject to the requirements of the Occupational Carcinogens Control Act of 1976
(Health and Safety Code, Division 20, Chapter 2).
(b) Definitions.
Action level. An 8-hour time-weighted average
concentration of 15 parts of EDB per billion parts of air by volume (ppb) but
not exceeding 130 ppb over any 15-minute period.
Chief. Chief of the Division of Occupational Safety and
Health, P.O Box 420603, San Francisco, CA 94142.
First receiver. A retail warehouse, wholesale
establishment, or container freight station where any portion of a shipment of
EDB-treated material is first unloaded in California.
EXCEPTION: The handling of sealed intermodal
containers.
Shipping container. The smallest unit into which
EDB-treated materials are packaged for distribution in commerce in California,
for example, a box, crate, or pallet.
Supplier. The shipper or shipper's agent who arranges
for shipment of treated materials between the point of treatment and the first
receiver under the requirements of (m), Receipt of EDB-Treated
Materials.
(c) Permissible
Exposure Limit (PEL).
(1) Inhalation. The
employer shall assure that no employee is exposed to a concentration of
airborne EDB in excess of 130 parts of EDB per billion parts of air by volume
(ppb) as an 8-hour, time-weighted average (TWA), and in excess of a ceiling
concentration of airborne EDB of 130 ppb, as measured over a 15-minute
period.
(2) Dermal and Eye
Exposure. The employer shall assure that no employee is exposed to eye or skin
contact with liquid EDB or liquid mixtures containing greater than 0.1% EDB by
weight.
(d) Reporting of
Use and Emergencies. See section
5203.
(e) Exposure Monitoring.
(1) General.
(A) Determinations of exposure levels shall
be made from air samples that are representative of each employee's 8-hour
time-weighted average and peak exposure to airborne EDB.
(B) For the purpose of this subsection,
employee exposure is that exposure which would occur if the employee were not
using a respirator.
(2)
Initial. Each employer who has a place of employment in which EDB is present
shall monitor each such workplace and work operation to accurately determine
the 8-hour time-weighted average and peak concentrations of airborne EDB to
which employees may be exposed. Such monitoring shall be conducted as soon as
possible but not later than 30 days following the effective date of this
section or within 30 days following the initial introduction of EDB into the
workplace.
(3) Frequency.
(A) If monitoring required by this section
reveals employee exposures to be below the action level, no additional
monitoring of such employees is necessary other than as required by paragraph
(e)(4).
(B) If the monitoring
required by this section reveals employee exposures to be below the permissible
exposure limit, but at or above the action level, the employer shall repeat
exposure measurements representative of each such employee's exposure at least
quarterly. The employer shall continue quarterly monitoring until at least two
consecutive measurements taken at least seven (7) days apart are below the
action level.
(C) If the monitoring
required by this section reveals employee exposures to be in excess of the
permissible exposure limit, the employer shall repeat exposure measurements
representative of each such employee at least monthly. The employer shall
continue monthly monitoring until at least two consecutive measurements, taken
at least seven (7) days apart, are below the permissible exposure limit.
Thereafter the employer shall monitor as required by paragraphs (e)(3) and
(e)(4).
(4) Additional.
Whenever there has been a production, process, or engineering control change or
leak or spill which may result in any new or additional exposure to EDB, or
whenever the employer has any reason to suspect new or additional exposures to
EDB, the employer shall monitor the employees potentially affected by such
change for the purpose of redetermining their exposure. Monitoring shall be
conducted as soon as possible but not later than 15 days after the change.
Subsequent monitoring shall be in accordance with paragraph (e)(3).
(5) Employee Notification.
(A) Within five (5) working days after the
receipt of monitoring results, the employer shall notify each employee in
writing, through conspicuous posting or through letter, of the monitoring
results which represent the employee's exposure. Posting shall be for at least
30 days.
(B) Whenever the results
indicate that employee exposure exceeds the permissible exposure limit, the
employer shall include in the written notice a statement that the permissible
exposure limit was exceeded and a description of the corrective action being
taken to reduce exposure to or below the permissible exposure
limit.
(6) Accuracy of
Measurement. The employer shall use NIOSH Method No. P&CAM 260 or a method
of equivalent accuracy.
(f) Methods of Compliance. Where employee
exposure exceeds the limits specified in subsection (c), exposure shall be
controlled by the following methods:
(1)
Feasible engineering and work practice controls shall immediately be used to
reduce exposures.
(2) Where
engineering controls are not feasible to control employee exposure within the
limits specified in subsection (c), or during the time such controls are being
implemented, worker exposure shall be controlled by administrative and work
practice controls, and by appropriate personal protective equipment as
described in (g) and (h).
(g) Protective Clothing and Equipment.
(1) Provision and Use. Where there is a
possibility of eye or skin contact with liquid EDB or liquid mixtures
containing greater than 0.1% EDB by weight, the employer shall provide at no
cost to the employee, and require that the employee wears, resistant protective
clothing and equipment to protect the area of the body which may come into such
contact with EDB. Eye and face protection and protective clothing and equipment
shall comply with the requirements of Sections
3380,
3382 and
3384 of the General Industry Safety
Orders.
(2) Removal and Storage.
(A) The employer shall require that employees
promptly remove any protective equipment and clothing which becomes
contaminated with EDB-containing liquids. This clothing and equipment shall not
be reworn until it has been decontaminated.
(B) The employer shall assure that
EDB-contaminated protective devices and work clothing shall be placed and
stored in containers which prevent dispersion of the EDB into the
workplace.
(C) The employer shall
assure that containers of EDB-contaminated protective devices or work clothing
shall bear labels with the following information:
CONTAMINATED WITH Ethylene Dibromide
(EDB)
MAY CAUSE CANCER
MAY DAMAGE FERTILITY OR THE UNBORN
CHILD
(3)
Cleaning and Replacement.
(A) The employer
shall clean, launder, repair, or replace protective clothing and equipment
required by this section to maintain their effectiveness. The employer shall
provide uncontaminated protective clothing and equipment to each affected
employee as required.
(B) The
employer shall inform any person who launders or cleans EDB-contaminated
protective clothing or equipment of the potentially harmful effects of exposure
to EDB.
(h)
Respiratory Protection. Where respiratory protection is required in subsection
(f), or during emergencies, respiratory protection shall be provided and used
in accordance with General Industry Safety Order 5144 and the following table:
| CONCENTRATIONS OF AIRBORNE EDB OR
CONDITION OF USE | RESPIRATOR
TYPE1 |
| (A) Not greater than 0.130 ppm (130
ppb) | Respirators not required. |
| (B) Not greater than 1.3 ppm. (1300
ppb) | 1. Any supplied-air respirator; or |
|
| 2. Any self-contained breathing
apparatus. |
| (C) Not greater than 6.5 ppm. (6500
ppb) | 1. Any supplied-air respirator with full facepiece, helmet, or
hood; or |
|
| 2. Any self-contained breathing
apparatus with full facepiece. |
| (D) Not greater than 130 ppm. (130,000
ppb) | A Type C supplied-air respirator operated in pressure-demand or
the positive pressure or continuous flow mode. |
| (E) Not greater than 260 ppm. (260,000
ppb) | A Type C supplied-air respirator with full facepiece operated
inpressure-de mand or other positive pressure mode, or with full face-piece,
helmet, or hood oper ated in continuous flow mode. |
| (F) Greater than 260 ppm or entry and escape from
unknown concentrations. | 1.A combination respirator which includes a
Type C supplied-air respirator with full facepiece operated in pressure-demand
or other positive pressure or continuous flow mode and an auxiliary
self-contained breathing apparatus operated in pressure-demand or positive
pressure mode; or |
|
| 2. A self-contained breathing apparatus
with full facepiece operated in pressure-demand mode. |
| (G) Firefighting | A self-contained
breathing apparatus with full facepiece operated in pressure demand mode. |
| __________ |
1 Respirators specified for high concentrations can be
used for lower concentrations of EDB.
(i) Emergency Procedures.
(1) Skin or Eye Contact. When skin or eye
contact with liquid EDB or liquid mixtures containing greater than 0.1% EDB by
weight occurs, the employer shall assure that affected employees immediately
flush contaminated eyes with water for 15 minutes and remove all contaminated
clothing and shoes and flush contaminated skin with water. Appropriate medical
treatment shall be provided.
EXCEPTION: For skin contact with liquid mixtures
containing EDB, an appropriate cleaning agent may precede a flush with
water.
NOTE: For proper selection, installation, and
maintenance of emergency wash facilities, consult American National Standards
Institute (ANSI) Z358.1-1981.
(2) Written Procedures. Each facility that
stores, handles, or otherwise uses liquid EDB or liquid mixtures containing
greater than 0.1% EDB by weight shall develop and implement as necessary, a
written operation plan such that:
(A)
Employees engaged in correcting emergency situations are protected in
accordance with this section;
(B)
Employees not engaged in correcting emergency situations are evacuated from
areas of potential overexposure;
(C) Employees who have eye or skin contact
with EDB are decontaminated and given treatment in accordance with paragraph
(1) above, and;
(D) Employees who
may have inhaled airborne EDB at concentrations greater than the permissible
exposure limit are directed to and provided appropriate medical treatment and
offered annual medical examinations.
(j) Communication of EDB hazards to
employees.
(1) Hazard communication --
general.
(A) Chemical manufacturers,
importers, distributors and employers shall co-ply with all requirements of the
Hazard Communication Standard (HCS) (Section
5194) for EDB.
(B) In classifying the hazards of EDB at
least the following hazards are to be addressed: Cancer; reproductive effects;
liver effects; kidney effects; skin, eye and respiratory tract irritation; and
acute toxicity effects.
(C)
Employers shall include EDB 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 EDB and to safety data
sheets, and is trained in accordance with the requirements of HCS and paragraph
(j)(4).
(D) The employer shall
ensure that no statement appears on or near any sign or label required by this
paragraph (j) which contradicts or detracts from the meaning of the required
sign or label.
(2)
Warning Signs.
(A) The employer shall post
signs to clearly indicate areas where employee exposure may exceed the action
level or where liquid EDB or mixtures of greater than 0.1% EDB by weight are
transferred or stored.
These signs shall bear the following legend in both
Spanish and English:
DANGER
ETHYLENE DIBROMIDE
MAY CAUSE CANCER MAY DAMAGE FERTILITY OR THE
UNBORN CHILD
PELIGRO
ETHYLENE DIBROMIDE
RIESGO DE CANCER
PUEDE REDUCIR LA FERTILIDAD O PUEDE DAÑAR
AL FETO
(B) Prior to
June 1, 2016, employers may use the following legend in lieu of that specified
in paragraph (j)(2) of this section:
DANGER
ETHYLENE DIBROMIDE
CANCER HAZARD
MAY CAUSE STERILITY IN MALES
For instructions concerning safe work practices,
contact your employer.
PELIGRO
ETHYLENE DIBROMIDE
RIESGO DE CANCER
PUEDE CAUSAR ESTERILIDAD A LOS
HOMBRES
Pida a su patron instrucciones para seguridad en el
trabajo.
(C) Intermodal containers
containing EDB-treated materials received at marine terminals shall be
conspicuously posted at the door end with a notice equivalent to (j)(2)(A) or
the Notification of Shipment required by (j)(3).
(3) Notification of Shipment. All employers
shipping or handling material treated with EDB shall provide the recipient of
the material with a written notice informing the recipient that the material
was treated with EDB and the date of treatment. The notice shall be provided
prior to any handling of the treated material by the recipient.
(4) Information and Training.
(A) Each employee who may be exposed at or
above the action level regardless of respirator use or work practice, and all
employees subject to skin or eye contact with liquid EDB or liquid mixtures
containing greater than 0.1% EDB by weight shall be provided a training and
education program relating to the hazards of EDB and precautions for its safe
use. The employer shall provide initial training prior to working with EDB and
at least annually thereafter. The training shall be appropriate to the jobs to
which the worker is assigned and presented in a language the employee
understands.
(B) The training
program shall include and cover:
1. A Safety
Data Sheet on EDB or the EDB-containing mixture; NOTE: An SDS for the chemical
or pesticide may be obtained from the manufacturer or seller.
2. Safe work practices on EDB;
3. The purpose for, proper use, and
limitations of respiratory protective devices, if such devices are
required;
4. The purpose for,
proper use, and limitations of personal protective clothing and equipment, if
such clothing and equipment are required;
5. The purpose for and a description of the
medical surveillance program, if one is required;
6. Emergency procedures as required by
subsection (i);
7. The interaction
of disulfiram (Antabuse) and similar compounds with EDB; and
8. Section
5219, including employee rights
granted by paragraphs (a)(1) and (e)(5).
9. In addition, for uses of EDB as a
pesticide, a copy and discussion of the Hazard Evaluation System and
Information Service (HESIS) Hazard Alert on EDB.
NOTE: The Hazard Alert is available in both English and
Spanish from the Hazard Evaluation System and Information Service (HESIS),
California Department of Public Health, 850 Marina Bay Parkway, Building P, 3rd
Floor, Richmond, CA 94804, (866)
627-1586.
(k) Recordkeeping. The employer shall
establish and maintain an accurate record of all monitoring and medical
surveillance required by this section, allow employee access to all such
records, and otherwise conform to the requirements set forth in General
Industry Safety Order 3204.
(l)
Medical Surveillance. A medical surveillance program shall be provided for
employees assigned to areas where exposure monitoring required by (e) indicates
employees will be exposed at or above the action level. The comprehensive
medical examination shall include but not be limited to:
(1) Preassignment and annual
examinations.
(2) The employee's
personal, reproductive, and family history insofar as these are related to
pertinent genetic, occupational, and environmental factors.
(3) A consideration by the physician of
whether factors exist which would predispose the employee to increased risk,
such as reduced immunological competence, treatment with steroids or cytotoxic
agents, pregnancy, and cigarette smoking.
(4) The examining physician shall be provided
with:
(A) The HESIS Hazard Alert or
SDS.
(B) A copy of Section
5219, and
(C) Information on the interaction of
disulfiram (Antabuse R) and similar compounds with EDB.
(5) Employee medical records shall be
retained in accordance with Section
3204.
(m) Receipt of EDB-Treated Materials.
(1) First receivers or suppliers on their
behalf shall submit a written application to the Chief for approval which shall
include, but not be limited to, the following:
(A) A written plan for packaging and shipping
EDB-treated material which will result in exposures of 15 ppb or less over a
maximum 30-minute period to employees off-loading such material.
(B) Measurements of airborne levels of EDB
taken in the operator's breathing zone demonstrating that exposure to employees
will be as specified in (A) for all shipments. Sampling data shall include:
1. Test results for shipments treated with
EDB on three different days within one month of the start of treatment each
season, if applicable; and
2. One
test on any representative shipment per month thereafter.
(C) A plan to make copies of the Appendix
available to employees off-loading treated materials.
(2) The supplier shall provide the first
receiver with a written notice that the material was treated with EDB and the
date of treatment. The notice shall be provided prior to any handling of the
treated material by the recipient.
(3) Where the first receiver consolidates
EDB-treated materials into intermodal containers, he shall provide the
recipient of the intermodal container with a written notice that the material
was treated with EDB and the date of treatment. The notice shall be provided
prior to any handling of the intermodal container by the recipient.
(4) Shipping containers shall be clearly
labeled in 10 point type or larger as follows:
This produce has been fumigated with Ethylene Dibromide
(EDB) for the control of fruit fly infestation. Procedures approved by Cal/OSHA
have been undertaken by the supplier to assure safe exposure levels at this
workplace. For further information contact your employer, Cal/OSHA Consultation
Service at 1-800-963-9424, or your local Cal/OSHA office.
(5) Where the first receiver consolidates
EDB-treated materials into intermodal containers, the first receiver shall
clearly label the container at the door end with a notice equivalent to that in
(m)(3) or the Notification of Shipment required by (j)(3).
(6) In addition to procedures outlined in the
shipping plan, (m)(1)(A), trucks hauling materials between treatment and the
first receiver shall have:
(A) Trailer vents
opened, forward and rear, during the last two hours in transit; and
(B) Trailer doors opened upon
arrival.
(7) Failure by
suppliers to comply with subsection (m) subjects first receivers, upon notice
by the Division, to the full requirements of this section.
Appendix
Information for Persons Handling Fresh Produce and
Other Materials Treated with Ethylene Dibromide (EDB)
The cartons you will be handling contain fruit that has
been fumigated with Ethylene Dibromide (EDB). Fumigation with EDB is done only
when it is required by law to prevent the spread of fruit flies that lay eggs
on citrus fruit, mangos, and papayas. High concentrations of EDB cause cancer
and reproductive problems in animals. Even though these effects have not been
seen in humans, special precautions, required by law, have been undertaken to
make sure you are exposed to only very low levels of this chemical.
The shipper of this fumigated fruit has applied to the
California Division of Occupational Safety and Health (Cal/OSHA) with his plan
to pack and ship fruit assuring that when it is unloaded, only trace amounts of
EDB will remain in the trailer or shipping container. Cal/OSHA regulations
require that truck trailer vents be opened the last two hours on the road and
the trailer doors be opened upon arrival.
Fruit shipments handled according to Cal/OSHA's
requirements are safe to unload and will have a notice on each carton to
confirm this. If you want more information you should consult your employer or
call Cal/OSHA (Toll Free) at 1-800-652-1476.
1. New
section filed 8-4-81 as an emergency; effective upon filing (Register 81, No.
33).
2. Order of Repeal of 8-4-81 emergency order filed 8-13-81 by
OAL pursuant to Government Code section
11349.6
(Register 81, No. 33).
3. New section filed 9-23-81 as an emergency;
effective upon filing (Register 81, No. 41). A Certificate of Compliance must
be transmitted to OAL within 120 days or emergency language will be repealed on
1-21-82.
4. Certificate of Compliance including amendment
transmitted to OAL 1-21-82 and filed 2-19-82; effective thirtieth day
thereafter (Register 82, No. 8).
5. Editorial correction of
subsection (i)(2)(B) (Register 82, No. 14).
6. Amendment filed
6-6-84; effective thirtieth day thereafter (Register 84, No. 23).
7.
Change without regulatory effect of NOTE filed 2-14-86; effective thirtieth day
thereafter (Register 86, No. 7).
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 subsection (d),
repealer of subsections (d)(1)-(3) and amendment of NOTE filed 7-6-99;
operative 8-5-99 (Register 99, No. 28).
10. 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(d),
9009,
9020,
9030,
9031 and
9040, Labor
Code.
