Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
338.015,
338.031,
29 C.F.R.
1910.134,
1910.141,
1910.1000-1910.1450
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
338.051(3) requires the
Kentucky Occupational Safety and Health Standards Board to promulgate
occupational safety and health administrative regulations and authorizes the
chairman to reference federal standards without board approval if necessary to
meet federal time requirements.
KRS
338.061 authorizes the board to establish,
modify, or repeal standards and reference federal standards.
29 C.F.R.
1910.1000 through
1910.1450
establish federal requirements relating to toxic and hazardous substances. This
administrative regulation establishes the toxic and hazardous substances
standards enforced by the Department of Workplace Standards in the area of
general industry.
Section 1.
Definitions.
(1) "Absolute filter" means a
filter capable of retaining 99.97 percent of a mono disperse aerosol of zero
and three-tenths (0.3) mu particles.
(2) "Area director" means Director, Division
of Occupational Safety and Health Compliance, Kentucky Labor Cabinet.
(3) "Authorized employee" means an employee
whose duties require the employee to be in the regulated area and who has been
specifically assigned to that area by the employer.
(4) "Clean change room" means a room where
employees put on clean clothing or protective equipment in an environment free
of 4,4' Methylene bis (2-chloroaniline).
(5) "Closed system" means an operation
involving 4,4'-Methylene bis (2-chloroaniline) if containment prevents the
release of 4,4' Methylene bis (2-chloroaniline) into regulated areas,
nonregulated areas, or the external environment.
(6) "Decontamination" means the inactivation
of 4,4'-Methylene bis (2-chloroaniline) or its safe disposal.
(7) "Director" means the Director, National
Institute for Occupational Safety and Health, or any person directed by the
director or the Secretary of Health, Education, and Welfare to act for the
director.
(8) "Disposal" means the
safe removal of 4,4'-Methylene bis (2-chloroaniline) from the work
environment.
(9) "Emergency" means
an unforeseen circumstance or set of circumstances resulting in the release of
4,4'-Methylene bis (2-chloroaniline) that could result in exposure to or
contact with 4,4'-Methylene bis (2-chloroaniline).
(10) "Employee" is defined by
KRS
338.015(2).
(11) "Employer" is defined by
KRS
338.015(1).
(12) "External environment" means any
environment external to regulated and nonregulated areas.
(13) "Isolated system" means a fully enclosed
structure, other than the vessel of containment, of 4,4'-Methylene bis
(2-chloroaniline), which is impervious to the passage of entry of
4,4'-Methylene bis (2-chloroaniline), and which would prevent the entry of
4,4'-Methylene bis (2-chloroaniline) into regulated areas, or the external
environment, if leakage or spillage from the vessel of containment
occurs.
(14) "Laboratory type hood"
means a device:
(a) Enclosed on three (3)
sides with the top and bottom designed and maintained to draw air inward at an
average linear face velocity of 150 feet per minute with a minimum of 125 feet
per minute; and
(b) Designed,
constructed, and maintained so that an operation involving 4,4'-Methylene bis
(2-chloroaniline) within the hood does not require the insertion of any portion
of an employee's body other than hands and arms.
(15) "Nonregulated area" means any area under
the control of the employer where entry and exit is neither restricted nor
controlled.
(16) "Open vessel
system" means an operation involving 4,4'-Methylene bis (2-chloroaniline) in an
open vessel, which is not in an isolated system, a laboratory type hood, nor in
any other system affording equivalent protection against the entry of
4,4'-Methylene bis (2-chloroaniline) into regulated areas, nonregulated areas,
or the external environment.
(17)
"Protective clothing" means clothing designed to protect an employee against
contact with or exposure to 4,4'-Methylene bis (2-chloroaniline).
(18) "Regulated area" means an area where
entry and exit is restricted and controlled.
(19) "Standard" means "occupational safety
and health standards" as defined by
KRS
338.015(3).
Section 2. 4,4'-Methylene bis
(2-Chloroaniline).
(1) Scope and application.
(a) This section shall apply to any area in
which 4,4'-Methylene bis (2-chloroaniline), Chemical Abstracts Service Registry
Number 101144, is manufactured, processed, repackaged, released, handled, or
stored. This section shall not apply to trans-shipment in sealed containers,
except for the labeling requirements under subsection (4)(b), (c), and (d) of
this section.
(b) This section
shall not apply to solid or liquid mixtures containing less than one and
zero-tenths (1.0) percent by weight of 4,4'-Methylene bis
(2-chloroaniline).
(2)
Requirements for areas containing 4,4'-Methylene bis (2-chloroaniline). A
regulated area shall be established by an employer where 4,4'-Methylene bis
(2-chloroaniline) is manufactured, processed, used, repackaged, released,
handled, or stored. Those areas shall be controlled in accordance with the
requirements established in paragraphs (a) through (g) of this subsection for
the category or categories describing the operations involved.
(a) Isolated systems. Employees working with
4,4'-Methylene bis (2-chloroaniline) within an isolated system such as a "glove
box" shall wash their hands and arms upon completion of the assigned task and
before engaging in other activities not associated with the isolated
system.
(b) Closed system
operation. Within regulated areas if 4,4'-Methylene bis (2-chloroaniline) is
stored in a sealed container, or contained in a closed system including piping
systems, with any sample ports or openings closed while 4,4'-Methylene bis
(2-chloroaniline) is contained within:
1.
Access shall be restricted to authorized employees only; and
2. Employees shall be required to wash hands,
forearms, face, and neck upon each exit from the regulated areas, close to the
point of exit and before engaging in other activities.
(c) Open vessel system operations. Open
vessel system operations shall be prohibited.
(d) Transfer from a closed system, charging
or discharging point operations, or otherwise opening a closed system. In
operations involving a "laboratory type hood," or in locations where
4,4'-Methylene bis (2-chloroaniline) is contained in an otherwise "closed
system," but is transferred, charged, or discharged into other normally closed
containers, the provisions of this paragraph shall apply.
1. Access shall be restricted to authorized
employees only.
2. Each operation
shall be provided with continuous local exhaust ventilation so that air
movement shall always be from ordinary work areas to the operation.
a. Exhaust air shall not be discharged to
regulated areas, nonregulated areas, or the external environment unless it is
decontaminated.
b. Clean make-up
air shall be introduced in sufficient volume to maintain the correct operation
of the local exhaust system.
3. Employees shall be provided with, and
required to wear, clean, full body protective clothing (smocks, coveralls, or
long-sleeved shirt and pants), shoe covers, and gloves prior to entering the
regulated area.
4. Employees
engaged in 4,4'-Methylene bis (2-chloroaniline) handling operations shall be
provided with and required to wear and use a half-face, filter-type respirator
for dusts, mists, and fumes, in accordance with
29 C.F.R.
1910.134. A respirator affording a higher
level of protection may be substituted.
5. Prior to each exit from a regulated area,
employees shall be required to remove and leave protective clothing and
equipment at the point of exit and at the last exit of the day and to place
used clothing and equipment in impervious containers at the point of exit for
decontamination or disposal. The contents of the impervious containers shall be
identified, as required under subsection (4)(b), (c), and (d) of this
section.
6. Employees shall be
required to wash hands, forearms, face, and neck on each exit from the
regulated area, close to the point of exit, and before engaging in other
activities.
7. Employees shall be
required to shower after the last exit of the day.
8. Drinking fountains shall be prohibited in
the regulated area.
(e)
Maintenance and decontamination activities. In cleanup of leaks or spills,
maintenance or repair operations on contaminated systems or equipment, or any
operations involving work in an area where direct contact with 4,4'-Methylene
bis (2-chloroaniline) could result, each authorized employee entering that area
shall be:
1. Provided with and required to
wear clean, impervious garments, including gloves, boots, and continuous-air
supplied hood in accordance with
29 C.F.R.
1910.134;
2. Decontaminated before removing the
protective garments and hood; and
3. Required to shower upon removing the
protective garments and hood.
(f) Laboratory activities. The requirements
of this paragraph shall apply to research and quality control activities
involving the use of 4,4'-Methylene bis (2-chloroaniline).
1. Mechanical pipetting aids shall be used
for all pipetting procedures.
2.
Experiments, procedures, and equipment that could produce aerosols shall be
confined to laboratory-type hoods or glove boxes.
3. Surfaces on which 4,4'-Methylene bis
(2-chloroaniline) is handled shall be protected from contamination.
4.
a.
Contaminated wastes and animal carcasses shall be collected in impervious
containers that are closed and decontaminated prior to removal from the work
area.
b. The wastes and carcasses
shall be incinerated so that no carcinogenic products are released.
5. All other forms of
4,4'-Methylene bis (2-chloroaniline) shall be inactivated prior to
disposal.
6. Employees engaged in
animal support activities shall be:
a.
Provided with and required to wear, a complete protective clothing change,
clean each day, including coveralls or pants and shirt, foot covers, head
covers, gloves, and appropriate respiratory protective equipment or
devices;
b. Required, prior to each
exit from a regulated area, to remove and leave protective clothing and
equipment at the point of exit and at the last exit of the day and to place
used clothing and equipment in impervious containers at the point of exit for
decontamination or disposal. The contents of the impervious containers shall be
identified as required under subsection (4)(b), (c), and (d) of this
section;
c. Required to wash hands,
forearms, face, and neck upon each exit from the regulated area close to the
point of exit and before engaging in other activities; and
d. Required to shower after the last exit of
the day.
7. Employees,
except for those engaged in animal support activities, each day shall be:
a. Provided with and required to wear a clean
change of appropriate laboratory clothing, such as a solid front gown, surgical
scrub suit, or fully buttoned laboratory coat;
b. Required, prior to each exit from a
regulated area, to remove and leave protective clothing and equipment at the
point of exit and at the last exit of the day and to place used clothing and
equipment in impervious containers at the point of exit for decontamination or
disposal. The contents of the impervious containers shall be identified as
required under subsection (4)(b), (c), and (d) of this section; and
c. Required to wash hands, forearms, face,
and neck upon each exit from the regulated area close to the point of exit and
before engaging in other activities.
8. Air pressure in laboratory areas and
animal rooms where 4,4'-Methylene bis (2-chloroaniline) is handled and bioassay
studies are performed shall be negative in relation to the pressure in the
surrounding area. Exhaust air shall not be discharged to regulated areas,
nonregulated areas, or the external environment unless it is
decontaminated.
9. There shall not
be a connection between regulated areas and any other areas through the
ventilation system.
10. A current
inventory of 4,4'-Methylene bis (2-chloroaniline) shall be
maintained.
11. Ventilated
apparatus such as laboratory type hoods, shall be tested at least semi-annually
or immediately after ventilation modification of maintenance operations, by
personnel fully qualified to certify correct containment and
operation.
(g) Premixed
solutions. If 4,4'-Methylene bis (2-chloroaniline) is present only in a single
solution at a temperature not exceeding 120 degrees Celsius, the establishment
of a regulated area shall not be required, except:
1. Only authorized employees shall be
permitted to handle the materials;
2. Each day employees shall be provided with
and required to wear a clean change of protective clothing (smocks, coveralls,
or long-sleeved shirts and pants), gloves, and other protective garments and
equipment necessary to prevent contact with the solution in the process
used;
3. Employees shall be
required to remove and leave protective clothing and equipment if leaving the
work area at the end of the work day or if solution is spilled on the clothing
or equipment. Used clothing and equipment shall be placed in impervious
containers for decontamination or disposal. The contents of the impervious
containers shall be identified, as required under subsection (4)(b), (c), and
(d) of this section;
4. Employees
shall be required to wash hands and face after removing protective clothing and
equipment and before engaging in other activities;
5. Employees assigned to work covered by this
paragraph shall be deemed to be working in regulated areas for the purposes of
subsection (4)(a), (b), and (c) of this section; and
6. Work areas where solution could be spilled
shall be:
a. Covered daily or after any spill
with a clean covering; and
b.
Cleaned thoroughly daily and after any spill.
(3) General regulated area
requirements.
(a) Employee identification.
1. A daily roster of employees entering
regulated areas shall be established and maintained.
2. The rosters or a summary of the rosters
shall be retained for a period of twenty (20) years.
3. The rosters or summaries shall be provided
upon request to authorized representatives of the assistant secretary and the
director.
4. If the employer ceases
business without a successor, rosters shall be forwarded by registered mail to
the director.
(b)
Emergencies. In an emergency, immediate measures, including the requirements of
this paragraph, shall be implemented.
1. The
potentially affected area shall be evacuated as soon as the emergency is
determined.
2. Hazardous conditions
created by the emergency shall be eliminated and the potentially affected area
shall be decontaminated prior to the resumption of normal operations.
3.
a.
Special medical surveillance by a physician shall be instituted within
twenty-four (24) hours for employees present in the potentially affected area
at the time of the emergency.
b. A
report of the medical surveillance and any treatment shall be included in the
incident report, in accordance with subsection (5)(b) of this
section.
4. If an
employee has a known contact with 4,4'-Methylene bis (2-chloroaniline), the
employee shall be required to shower as soon as possible, unless
contraindicated by physical injuries.
5. An incident report on the emergency shall
be reported as established in subsection (5)(b) of this section.
(c) Hygiene facilities and
practices.
1. Storage or consumption of food,
storage or use of containers of beverages, storage or consumption of beverages,
storage or application of cosmetics, smoking, storage of smoking materials,
tobacco products or other products for chewing, or the chewing of those
products, shall be prohibited in regulated areas.
2. If employees are required by this section
to wash, washing facilities shall be provided in accordance with
29
C.F.R. 1910.141.
3. If employees are required by this section
to shower, facilities shall be provided in accordance with
29
C.F.R.
1910.141(d)(3).
4. If employees wear protective clothing and
equipment, clean change rooms shall be provided, in accordance with
29
C.F.R. 1910.141(e), for the
number of employees required to change clothes.
5. If toilets are located in regulated areas,
the toilets shall be in a separate room.
(d) Contamination control.
1. Regulated areas, except for outdoor
systems, shall be maintained under pressure negative with respect to
nonregulated areas.
a. Local exhaust
ventilation may be used to satisfy this requirement.
b. Clean make-up air in equal volume shall
replace air removed.
2.
Any equipment, material, or other item taken or removed from a regulated area
shall be done so in a manner that does not cause contamination in nonregulated
areas or the external environment.
3. Decontamination procedures shall be
established and implemented to remove 4,4'-Methylene bis (2-chloroaniline) from
the surface of materials, equipment, and the decontamination
facility.
4. Dry sweeping and dry
mopping shall be prohibited.
(4) Signs, information, and training.
(a) Signs.
1. Entrance to regulated areas shall be
posted with signs bearing the legend:
CANCER-SUSPECT AGENT
Authorized Personnel Only |
2.
Entrances to regulated areas containing operations established in subsection
(2)(e) of this section shall be posted with signs bearing the legend:
Cancer-Suspect Agent Exposed In this Area
Impervious Suit Including Gloves,
Boots, and Air-Supplied Hood
Required At All Times
Authorized Personnel Only |
3.
Appropriate signs and instructions shall be posted at the entrance to, and exit
from, regulated areas, informing employees of the procedures that shall be
followed in entering and leaving a regulated area.
(b) Container labeling. Containers shall be
labeled in accordance with the requirements of
29 C.F.R.
1910.1200.
(c) Lettering.
1. Lettering on signs and instructions
required by paragraph (a) of this subsection shall be a minimum letter height
of two (2) inches.
2. Labels on
containers required by paragraph (b) of this subsection shall:
a. Not be less than one-half (1/2) the size
of the largest lettering on the package, up to a maximum required size of one
(1) inch in height; and
b. Not use
less than eight (8) point type.
(d) Prohibited statements. A statement shall
not appear on or near any required sign, label, or instruction that contradicts
or detracts from the effect of any required warning, information, or
instruction.
(e) Training and
indoctrination.
1. Each employee, prior to
being authorized to enter a regulated area, shall receive a training and
indoctrination program including:
a. The
nature of the carcinogenic hazards of 4,4'-Methylene bis (2-chloroaniline),
including local and systemic toxicity;
b. The specific nature of the operation
involving 4,4'-Methylene bis (2-chloroaniline) that could result in
exposure;
c. The purpose for and
application of the medical surveillance program, including, as appropriate,
methods of self-examination;
d. The
purpose for and application of decontamination practices and
procedures;
e. The purpose for and
significance of emergency practices and procedures;
f. The employee's specific role in emergency
procedures;
g. Specific information
to aid the employee in recognition and evaluation of conditions and situations
that could result in the release of 4,4'-Methylene bis (2-chloroaniline);
and
h. The purpose for and
application of specific first-aid procedures and practices.
2. Each employee shall receive a
review of this section at the employee's first training and indoctrination
program and annually thereafter.
3.
Specific emergency procedures shall be established and posted, and employees
shall be familiarized with their terms and rehearsed in their
application.
4. All materials
relating to the program shall be provided if requested by authorized
representatives of the assistant secretary and the director.
(5) Reports.
(a) Operations. Not later than March 1 of
each year, the information required by this paragraph shall be reported in
writing by the employer to the nearest Area Director. Any change in the
reported information shall be reported in writing within fifteen (15) calendar
days of the change. The report shall contain:
1. A brief description and in-plant location
of the areas regulated and the address of each regulated area;
2. The names and other identifying
information as to the presence of 4,4'-Methylene bis (2-chloroaniline) in each
regulated area;
3. The number of
employees in each regulated area, during normal operations including
maintenance activities; and
4. The
manner in which 4,4'-Methylene bis (2-chloroaniline) is present in each
regulated area, such as whether or not it is manufactured, processed, used,
repackaged, released, stored, or otherwise handled.
(b) Incidents. Incidents that result in the
release of 4,4'-Methylene bis (2-chloroaniline) into any area where employees
may be exposed shall be reported in accordance with this paragraph.
1. A report of the incident and the facts
obtainable at that time, including a report on any medical treatment of
affected employees, shall be made within twenty-four (24) hours to the nearest
Area Director.
2. A written report
shall be filed with the nearest Area Director within fifteen (15) calendar days
of the initial report and shall include:
a. A
specification of the amount of material released, the amount of time involved,
and an explanation of the procedure used in determining this figure;
b. A description of the area involved, and
the extent of known and possible employee and area contamination;
c. A report of any medical treatment of
affected employees and any medical surveillance program implemented;
and
d. An analysis of the steps to
be taken, with specific completion dates, to avoid further similar
release.
(6) Medical surveillance. At no cost to the
employee, a program of medical surveillance shall be established and
implemented for employees considered for assignment to enter regulated areas,
and for authorized employees.
(a)
Examinations.
1. Before an employee is
assigned to enter a regulated area, a preassignment physical examination by a
physician shall be provided. The examination shall include the personal history
of the employee, family, and occupational background, including genetic and
environmental factors.
2.
Authorized employees shall be provided with periodic physical examinations at
least annually, following the preassignment examination.
3. In all physical examinations, the
examining physician shall consider whether or not there exist conditions of
increased risk, including reduced immunological competence, current treatment
with steroids of cytotoxic agents, pregnancy, and cigarette smoking.
(b) Records.
1. Employers of employees examined pursuant
to this subsection shall maintain complete and accurate records of all medical
examinations. Records shall be maintained for at least the duration of the
employee's employment. If the employee's employment is terminated, including by
retirement or death, or if the employer ceases business without a successor,
records, or notarized true copies thereof, shall be forwarded by registered
mail to the director.
2. Records
required by this paragraph shall be provided if requested by authorized
representatives of the assistant secretary or the director. If requested by an
employee or former employee, the records shall be provided to a physician
designated by the employee or to a new employer.
3. Any physician who conducts a medical
examination required by this subsection shall furnish to the employer a
statement of the employee's suitability for employment in the specific
exposure.
Section 3. Laboratory Activities. The
requirements of this section shall apply to research and quality control
activities involving the use of chemicals covered by
29 C.F.R.
1910.1003 through
1910.1016.
(1) Mechanical pipetting aids shall be used
for all pipetting procedures.
(2)
Experiments, procedures, and equipment that could produce aerosols shall be
confined to laboratory-type hoods or glove boxes.
(3) Surfaces on which chemicals covered by
29 C.F.R.
1910.1003 through
1910.1016
are handled shall be protected from contamination.
(4) Contaminated wastes and animal carcasses
shall be collected in impervious containers that are closed and decontaminated
prior to removal from the work area. The wastes and carcasses shall be
incinerated so that carcinogenic products shall not be released.
(5) All other forms of chemicals covered by
29 C.F.R.
1910.1003 through
1910.1016
shall be inactivated prior to disposal.
(6) Laboratory vacuum systems shall be
protected with high-efficiency scrubbers or with disposal absolute
filters.
(7) Employees engaged in
animal support activities shall be:
(a)
Provided with and required to wear, a complete protective clothing change,
clean each day, including coveralls, or pants and shirt, foot covers, head
covers, gloves, and appropriate respiratory protective equipment or
devices;
(b)
1. Required, prior to each exit from a
regulated area, to remove and leave protective clothing and equipment at the
point of exit and at the last exit of the day, to place used clothing and
equipment in impervious containers at the point of exit for decontamination or
disposal; and
2. The contents of
the impervious containers shall be identified as required under Section
2(4)(b), (c), and (d) of this administrative regulation;
(c) Required to wash hands, forearms, face,
and neck upon each exit from the regulated area close to point of exit, and
before engaging in other activities; and
(d) Required to shower after the last exit of
the day.
(8) Employees,
except for those engaged only in animal support activities, each day shall be:
(a) Provided with and required to wear a
clean change of appropriate laboratory clothing, such as a solid front gown,
surgical scrub suit, or fully buttoned laboratory coat;
(b)
1.
Required, prior to each exit from a regulated area, to remove and leave
protective clothing and equipment at the point of exit and at the last exit of
the day, to place used clothing and equipment in impervious containers at the
point of exit for decontamination or disposal; and
2. The contents of the impervious containers
shall be identified as required under Section 2(4)(b), (c), and (d) of this
administrative regulation; and
(c) Required to wash hands, forearms, face,
and neck upon each exit from the regulated area close to point of exit, and
before engaging in other activities.
(9) Air pressure in laboratory areas and
animal rooms where chemicals covered by
29 C.F.R.
1910.1003 through
1910.1016
are handled and bioassay studies are performed shall be negative in relation to
the pressure in surrounding areas. Exhaust air shall not be discharged to
regulated areas, nonregulated areas, or the external environment unless it is
decontaminated.
(10) There shall
not be a connection between regulated areas and any other areas through the
ventilation system.
(11) A current
inventory of chemicals covered by
29 C.F.R.
1910.1003 through
1910.1016
shall be maintained.
(12)
Ventilated apparatus such as laboratory-type hoods shall be tested at least
semi-annually or immediately after ventilation modification or maintenance
operations, by personnel fully qualified to certify correct containment and
operation.
Section 4.
Access to Exposure or Medical Records.
(1) The
language relating to the access to exposure or medical records in subsection
(2) of this section shall apply in lieu of
29 C.F.R.
1910.1020(e)(1)(i).
(2) If an employee or designated
representative requests access to an exposure or medical record, the employer
shall ensure that access is provided in a reasonable time, place, and manner,
but not longer than fifteen (15) days after the request for access is made
unless sufficient reason is given why that time is unreasonable or
impractical.
(3) The language
relating to the access to exposure or medical records in subsection (4) of this
section shall apply in lieu of
29 C.F.R.
1910.1020(e)(1)(iii).
(4) If an employee or designated
representative requests a copy of a record, the employer shall, except as
specified in
29 C.F.R.
1910.1020(e)(1)(v) of this
section, within the period of time established in subsection (2) of this
section, ensure that either:
(a) A copy of
the record shall be provided without cost to the employee or
representative;
(b) The necessary
mechanical copying facilities (for example, photocopying) shall be made
available without cost to the employee or representative for copying the
record; or
(c) The record shall be
loaned to the employee or representative for a reasonable time to enable a copy
to be made.
Section
5.
(1) The language relating to
gloves in subsection (2) of this section shall apply in lieu of
29 C.F.R.
1910.1030(d)(3)(ix).
(2) Gloves shall be worn if it can be
reasonably anticipated that the employees might have hand contact with blood,
other potentially infectious materials, mucous membranes, and nonin-tact skin
if performing vascular access procedures or if handling or touching
contaminated items or surfaces.
Section 6. Except as established by Sections
1 through 5 of this administrative regulation, general industry shall comply
with 29 C.F.R. Subpart Z, Toxic and Hazardous Substances, published by the
Office of the Federal Register, National Archives and Records Services, General
Services Administration and the revisions to
29
C.F.R. 1910.1024 published in the July 14,
2020 Federal Register, Volume 85, Number 135.
STATUTORY AUTHORITY:
KRS
338.051(3),
338.061