NOTES

The following notes describe circumstances or situations in which the specified Title 8 sections in Attachment F may not be associated with a substantial probability of death or serious physical harm.

Note 1:

Not Serious, if exposure exceeds the PEL, provided effective personal protective equipment and all feasible engineering or administrative controls are being used.

Note 2:

Not serious, if the conditions do not contribute to an employee exposure to a substance or agent which can result in a serious adverse health effect.

Note 3:

Not serious, if the exposure exceeds the PEL, STEL or Ceiling values, provided the substance involved does not have a Health Effects Code (HEC) of 14 or less or an HEC of 17 or 18 as listed in Note 22.

Note 4:

All violations related to the "Use" of a carcinogen, regardless of the exposure level, shall be classified as serious, unless it is determined that the violation was minor and would not result in a substantial health hazard.

Note 5:

"Other than use" violations of a carcinogen regulation shall be classified as serious when the PEL, Excursion, and Action Level or Ceiling value is exceeded, or if it is determined that the violation could contribute to an exposure above the PEL, Excursion, and Action Level or Ceiling value.

Note 6:

Not serious, if the employer does not have a written program or plan available at the time of the inspection and there is substantial evidence the employer has implemented an effective program or plan and that the lack of such a written program or plan does not directly contribute to a serious exposure risk.

Note 7:

Not serious, if equipment is improperly stored, provided that the equipment is not contaminated by a substance which has a Health Effects Code (HEC) of 14 or less as listed in Note 22.

Note 8:

Not serious, if the exposure is equal to or greater than the Action Level, but less than the PEL provided there are no high blood levels.

Note 9:

For mixtures of diluted substances, the MSDS toxicity information may be used to establish a serious health violation.

Note 10:

Violations related to access to exposure and medical records, observation of monitoring, recordkeeping, notification of work or registration posting requirements shall be classified as "Regulatory" violations.

Note 11:

Not serious, if the measured airborne concentration does not exceed 25 percent of the lower explosive limits (LEL).

Note 12:

Not Serious, if exposure is at or Above Action Level, but less than the PEL.

Note 13:

Not serious, if the violations are directly attributable to a contracted audiometric service.

Note 14:

Not Serious, if concentration within the duct system does not exceed 20 percent of the lower explosive limits (LEL).

Note 15:

Violations related to the use of perchloric acid shall always be cited as serious.

Note 16:

8 CCR Section 5155(e)(1) shall not be cited unless documentation exists to support the citation, e.g., sampling results. The employer's sampling data shall not be acceptable, unless the data is representative of actual working conditions and was obtained using a validated method by a person qualified, pursuant to the requirements of 8 CCR Section 5155(e)(3), to obtain and evaluate the data.

Note 17:

Not serious, but only if (1) side or bottom openings are used to enter a confined space; (2) all required air monitoring, personal protective and rescue equipment are available and in use; (3) only trained personel are engaged in the entry activity, and (4) the only hazard within the space is related to airborne chemical contamination.

Note 18:

Not serious, if there is a substantial probability that a serious exposure does not exist because of the small quantities handled and the lack of a splash hazard, irrespective of the use of PPE.

Note 19:

Violations of the monthly testing of equipment requirements should be classified as "General," unless such testing could have detected an existing non-functional equipment.

Note 20:

No citation shall be issued, unless there is adequate evidence to document that the hazardous substance for which the device is being required meets the criteria for causing the injuries, and/or causes toxic effects by absorption as specified in the regulation.

Note 21:

Not serious, if the reaction of incompatible materials would not lead to serious exposure, including fire and explosion, because of the quantities stored, properties of the substances or the location of the storage.

Note 22: HEALTH EFFECTS CODES

Note 23:

 

Serious violation if information not provided to employees or the program is not implemented.

 

Note 24:

 

Not serious if addressed in subsections (d) or (j).

 

Note: 25:

 

Serious if not referenced anywhere in employer's PSM program.

 

Note 26:

 

Serious if inspection would identify failed or faulty equipment whose failure would lead to a serious exposure, serious injury or death.

 

Note 27:

 

Serious if maintenance materials, spare parts or equipment do not meet manufacturer's specifications or applicable codes such as: ANSI, ASME, API, etc.

 

Note 28:

 

Serious violation if changes actually made and Management of Change program not implemented. Failure to address a change to equipment, process, chemicals, etc. did not inform and train employees involved with the process of the impact of the change, prior to start-up.

 

P&PC-1B, Attachment F (8/13/04)