TITLE 8: Chapter 4, Subchapter 4, Article 4,
Sections 1529, 1532, 1535 of the Construction Safety Orders;
Chapter 4, Subchapter 7, Article 110, Sections 5200, 5201 5202, 5203,
5207, 5208, 5208.1, 5209, 5210, 5211, 5212, 5213, 5214, 5215, 5217,
5218, 5219, and 5220 of the General Industry Safety orders; and
Chapter 4, Subchapter 18, Article 4, Section 8358 of the
Ship Building, Ship Repairing and Ship Breaking Safety Orders.

Carcinogen Report of Use Requirements


Amend Section 1529 to read:

1529. Asbestos.

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(r) Reports (User Registration, Temporary Worksite Notification, and Incident Reporting). Report of Use and Asbestos-related Work Registration.

(1) The following definitions are applicable to subsection (r) only:

"Asbestos-containing construction material" means any manufactured construction material which contains more than one tenth of 1 percent asbestos by weight.

"Asbestos-related work" means any activity which by disturbing asbestos-containing construction materials may release asbestos fibers into the air and which is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials, or the installation or repair of automotive materials containing asbestos. Asbestos-related work does not include the installation, repair, maintenance, or nondestructive removal of asbestos cement pipe used outside of buildings if the work operations do not result in employee exposures to asbestos in excess of 0.1 fibers per cubic centimeter of air (f/cc) as an 8-hour time-weighted average and the employees and supervisors involved in the work operations are trained and certified by an asbestos cement pipe training program which is approved by the Division.

"Incident" means any unanticipated event which causes, or is immediately likely to cause, an exposure of an employee, unprotected by an appropriate respirator, to asbestos fibers in excess of the PEL and/or excursion limit.

(2) Report of Use. See section 5203.

(A) Prior to the commencement of any operation specified in subsection (r)(2)(B) of this section, employers shall provide the information required by subsection (r)(2)(C) of this section to the Chief of the Division of Occupational Safety and Health, P.O. Box 42603, San Francisco, California 94142. Employers shall also inform the Chief within 15 days of any change in the information required to be provided and shall update or confirm their registration information when requested by the Chief.

NOTE: 1. Except as required by subsection (r)(3) of this section, Temporary Worksite Notification, it is not intended that each activity listed in subsection (r)(2)(B) of this section, involving asbestos or materials containing asbestos be reported upon each use or activity. Anticipated present and future use reported is sufficient to comply with the requirements of this subsection.

2. Employers registered with the Chief in accordance with Sections 341.6 to 341.9 for the purpose of conducting asbestos-related work involving over 100 square feet, as defined in Section 341.6(a), of asbestos-containing construction material shall be deemed to be in compliance with subsection(r)(2) section 5203 for the asbestos-related work requiring registration. Except that emergencies as defined in section 5203(a) must be reported as required in section 5203(f).

(B) Operations and Processes Requiring Registration.

1. Employers conducting an operation which involves the use, handling, disruption, removal, disposal, processing, manufacturing, packaging of asbestos or asbestos-containing construction material shall register with the Chief. Note: for registration and notification requirements see Sections 341.6 through 341.12.

EXCEPTION: An employer need not register all the materials containing asbestos if objective data demonstrates that during all reasonably foreseeable uses, handling, storage, disposal, processing, or transportation, no airborne concentrations of asbestos fibers in excess of the permissible exposure limit and/or excursion limit will be released. The objective data shall include at least those elements specified in subsection (n)(1) of this section.

2. Employers conducting any operations which may reasonably be expected to result in employee exposure in excess of the permissible exposure limit and/or excursion limit shall register with the Chief.

(C) Report of Use Requirements. The following information shall be provided to the Chief as required by this section:

1. The name of the employer and address(es) of the place(s) of employment. Where there are multiple locations, where employees may be exposed to asbestos or materials containing asbestos infrequently (such as public utility vaults), the employer may provide a general description of such potential exposures and the nature and type of such locations in lieu of identifying each separate location;

2. A brief description of the way(s) in which the asbestos or materials containing asbestos are to be processed, handled, used or transported;

3. The estimated number of employees potentially exposed;

4. The materials containing asbestos being used or manufactured; and

5. The names and addresses of any collective bargaining representatives or other representatives of the affected employees.

(3) Temporary Worksite Notification. Employers with temporary worksites need register with the Chief only once. Such employers shall also send notification of the time and date of commencement of the work, the approximate duration of the work, the location, the type of business, and the kind of work for each temporary worksite at least 24 hours prior to the commencement of each job, when feasible, to the District Office having jurisdiction for the temporary worksite by telegram, letter, or a telephone call.

(4) Incident Reporting. Any incident, accident or emergency resulting in a known exposure of an employee, unprotected by an appropriate respirator, to asbestos fibers in excess of the PEL and/or excursion limit shall be reported in writing to the Chief within 15 days of the incident. The report shall include the following information:

(A) The number of employees over-exposed;

(B) The circumstances surrounding the over-exposure, including the process, operation or job involved;

(C) The results of any environmental analyses done to monitor employee exposure or to define the hazard;

(D) The steps taken, or being taken, to prevent a recurrence or to avoid future over-exposures; and

(E) The product being manufactured or type of structure being repaired, constructed or demolished.

(5) Posting. A copy of the User Registration and/or the Temporary Worksite Notification shall be posted as long as the operation and/or process requiring registration takes place at the worksite. A copy of the incident report shall be posted for at least 30 days following the date of the incident. These reports shall be posted in the location(s) where the asbestos is used or in other appropriate location(s) where posting is conspicuous to affected employees.

NOTE: Authority cited: Sections 142.3, 6501.5, 9020, 9021.5, 9021.9, 9030 and 9040, Labor Code. Reference: Sections 142.3, 6501.5, 6501.7, 6501.8, 6501.9, 6502, 9003, 9004(b), 9005, 9006, 9009, 9020, 9021.5, 9021.9, 9030 and 9040, Labor Code; Section 25910, Health and Safety Code; and Sections 7180, 7180.5, 7181, 7182, 7183, 7183.5, 7184, 7185, 7187, 7189, 7189.5 and 7189.7, Business and Professions Code.

 

Amend Section 1532 to read:

1532. Cadmium.

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(p) Reporting requirements. See section 5203.

(1) Use. All uses of Cadmium that are covered by this section and require the establishment of regulated areas shall be reported in writing to the Chief within 15 calendar days. Any changes in the reported information shall be similarly reported in writing within 15 calendar days of such change. The report shall include:

(A) The name of the employer and the address of each workplace where regulated areas are required;

(B) An identifying description of where the regulated areas are located in the workplace;

(C) A brief description of each process or operation which creates employee exposure to Cadmium including the estimated number of employees engaged in each process or operation; and

(D) The names and addresses of any collective bargaining units or other representatives of the affected employees.

(2) Temporary Worksite Notification. Employers with temporary worksites need to report, as provided by subsection (p)(1), with the Chief only once. Such employers shall also provide notification of the time and date of commencement of work, the approximate duration of the work, the location, the type of business, and the kind of work for each temporary worksite at least 24 hours prior to the commencement of each job when feasible, to the nearest district office of the Division of Occupational Safety and Health.

(3) Emergency. Any emergency, as defined in subsection (b), shall be reported as follows:

(A) A report of the occurrence of the emergency and the facts obtainable at that time shall be made within 24 hours to the nearest district office of the Division of Occupational Safety and Health.

(B) A written report shall be filed with the Chief within 15 calendar days after the emergency occurred. The written report shall include:

1. A description of the operation or process involved including its location, the amount of Cadmium released, and the duration of the emergency.

2. A statement of the known or estimated extent of employee exposure to Cadmium and area of contamination.

3. An analysis of the circumstances that led up to the emergency.

4. A description of the measures taken or to be taken, with specific completion dates, to prevent further similar emergencies from occurring again.

(4) Posting. A copy of each written report shall be posted in the regulated areas or other appropriate location where the posting is conspicuous to affected employees.

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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.

Amend Section 1535 to read:

1535. Methylenedianiline.

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(q) Reporting requirements. See section 5203.

(1) Use. All uses of MDA that are covered by this section and require the establishment of regulated areas shall be reported in writing to the Chief within 15 calendar days. Any changes in the reported information shall be similarly reported in writing within 15 calendar days of such change. The report shall include:

(A) The name of the employer and the address of each workplace where regulated areas are required;

(B) An identifying description of where the regulated areas are located in the workplace;

(C) A brief description of each process or operation which creates employee exposure to MDA including the number of employees engaged in each process or operation; and

(D) The names and addresses of any collective bargaining units or other representatives of the affected employees.

(2) Emergency. Any emergency, as defined in subsection (b), shall be reported as follows:

(A) A report of the occurrence of the emergency and the facts obtainable at that time shall be made within 24 hours to the nearest district office of the Division of Occupational Safety and Health.

(B) A written report shall be filed with the Chief within 15 calendar days after the emergency occurred. The written report shall include:

1. A description of the operation or process involyed including its location, the amount of MDA released, and the duration of the emergency.

2. A statement of the known or estimated extent of employee exposure to MDA and area of contamination.

3. An analysis of the circumstances that led up to the emergency.

4. A description of the measures taken or to be taken, with specific completion dates, to prevent further similar emergencies from occurring again.

(3) Posting. A copy of each written report shall be posted in the regulated areas or other appropriate location where the posting is conspicuous to affected employees.

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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.

Amend Section 5200 to read:

5200. Methylenedianiline.

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(p) Reporting requirements. See section 5203.

(1) Use. All uses of MDA that are covered by this section and require the establishment of regulated areas shall be reported in writing to the Chief within 15 calendar days. Any changes in the reported information shall be similarly reported in writing within 15 calendar days of such change. The report shall include:

(A) The name of the employer and the address of each workplace where regulated areas are required;

(B) An identifying description of where the regulated areas are located in the workplace;

(C) A brief description of each process or operation which creates employee exposure to MDA including the estimated number of employees engaged in each process or operation; and

(D) The names and addresses of any collective bargaining units or other representatives of the affected employees.

(2) Temporary Worksite Notification. Employers with temporary worksites need register with the Chief only once. Such employers shall also provide notification of the time and date of commencement of work, the approximate duration of the work, the location, the type of business, and the kind of work for each temporary worksite at least 24 hours prior to the commencement of each job when feasible, to the nearest district office of the Division of Occupational Safety and Health.

(3) Emergency. Any emergency, as defined in subsection (b), shall be reported as follows:

(A) A report of the occurrence of the emergency and the facts obtainable at that time shall be made within 24 hours to the nearest district office of the Division of Occupational Safety and Health.

(B) A written report shall be filed with the Chief within 15 calendar days after the emergency occurred. The written report shall include:

1. A description of the operation or process involved including its location, the amount of MDA released, and the duration of the emergency.

2. A statement of the known or estimated extent of employee exposure to MDA and area of contamination.

3. An analysis of the circumstances that led up to the emergency.

4. A description of the measures taken or to be taken, with specific completion dates, to prevent further similar emergencies from occurring again.

(4) Posting. A copy of each written report shall be posted in the regulated areas or other appropriate location where the posting is conspicuous to affected employees.

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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.

Amend Section 5201 to read:

5201. 1,3-Butadiene.

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(n) Reporting requirements. See section 5203.

(1) Use. All uses of BD that are covered by this section and require the establishment of regulated areas shall be reported in writing to the Chief within 15 calendar days. Any changes in the reported information shall be similarly reported in writing within 15 calendar days of such change. The report shall include:

(A) The name of the employer and the address of each workplace where regulated areas are required;

(B) An identifying description of where the regulated areas are located in the workplace;

(C) A brief description of each process or operation which creates employee exposure to BD including the estimated number of employees engaged in each process or operation; and

(D) The names and addresses of any collective bargaining units or other representatives of the affected employees.

(2) Temporary Worksite Notification. Employers with temporary worksites need register with the Chief only once. Such employers shall also provide notification of the time and date of commencement of work, the approximate duration of the work, the location, the type of business, and the kind of work for each temporary worksite at least 24 hours prior to the commencement of each job when feasible, to the nearest district office of the Division of Occupational Safety and Health.

(3) Emergency. Any emergency, as defined in subsection (b), shall be reported as follows:

(A) A report of the occurrence of the emergency and the facts obtainable at that time shall be made within 24 hours to the nearest district office of the Division of Occupational Safety and Health.

(B) A written report shall be filed with the Chief within 15 calendar days after the emergency occurred. The written report shall include:

1. A description of the operation or process involved including its location, the amount of BD released, and the duration of the emergency.

2. A statement of the known or estimated extent of employee exposure to BD and area of contamination.

3. An analysis of the circumstances that led up to the emergency.

4. A description of the measures taken or to be taken, with specific completion dates, to prevent further similar emergencies from occurring again.

(4) Posting. A copy of each written report shall be posted in the regulated areas or other appropriate location where the posting is conspicuous to affected employees.

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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.

Amend Section 5202 to read:

5202. Methylene Chloride.

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(o) Reporting requirements. See section 5203.

(1) Use. All uses of MC that are covered by this section and require the establishment of regulated areas shall be reported in writing to the Chief within 15 calendar days. Any changes in the reported information shall be similarly reported in writing within 15 calendar days of such change. The report shall include:

(A) The name of the employer and the address of each workplace where regulated areas are required;

(B) An identifying description of where the regulated areas are located in the workplace;

(C) A brief description of each process or operation which creates employee exposure to MC including the estimated number of employees engaged in each process or operation; and

(D) The names and addresses of any collective bargaining units or other representatives of the affected employees.

(2) Temporary Worksite Notification. Employers with temporary worksites need register with the Chief only once. Such employers shall also provide notification of the time and date of commencement of work, the approximate duration of the work, the location, the type of business, and the kind of work for each temporary worksite at least 24 hours prior to the commencement of each job when feasible, to the nearest district office of the Division of Occupational Safety and Health.

(3) Emergency. Any emergency, as defined in subsection (b), shall be reported as follows:

(A) A report of the occurrence of the emergency and the facts obtainable at that time shall be made within 24 hours to the nearest district office of the Division of Occupational Safety and Health.

(B) A written report shall be filed with the Chief within 15 calendar days after the emergency occurred. The written report shall include:

1. A description of the operation or process involved including its location, the amount of MC released, and the duration of the emergency.

2. A statement of the known or estimated extent of employee exposure to MC and area of contamination.

3. An analysis of the circumstances that led up to the emergency.

4. A description of the measures taken or to be taken, with specific completion dates, to prevent further similar emergencies from occurring again.

(4) Posting. A copy of each written report shall be posted in the regulated areas or other appropriate location where the posting is conspicuous to affected employees.

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NOTE: Authority cited: Sections 142.3, 9020, 9030 and 9040, Labor Code. Reference: Sections 142.3, 9004(d), 9009, 9020, 9031 and 9040, Labor Code.

Amend Section 5203 to read:

5203. Molten Salt Baths Carcinogen Report of Use Requirements.

 

(a) Scope. All employers who use a regulated carcinogen shall report that use in writing to the Chief as required by this section.

Note: Asbestos has additional report of use and asbestos-related work registration requirements in sections 1529, 5208, and 8358.

(b) Definitions.

Chief means the Chief of the Division of Occupational Safety and Health, or designee.

Emergency means any occurrence such as, but not limited to equipment failure, rupture of containers, or failure of control equipment which results in an unexpected and potentially hazardous release of a regulated carcinogen.

Regulated carcinogen means a recognized cancer causing substance, compound, mixture, or product regulated by sections 1529, 1532, 1535, 8358, or Article 110 sections 5200-5220. Section 5216, Lead is not a regulated carcinogen.

Use means any use by an employer that could potentially result in employee exposure to a regulated carcinogen. Use includes but is not limited to: manufacturing, sale, transfer, storage, disposal, handling, research utilization, and transportation of a regulated carcinogen.

(c) Use that requires reporting.

(1) Regulated area. For all regulated carcinogens that specify a requirement for the employer to establish a regulated area, use of a regulated carcinogen within such a regulated area shall be reported.

(2) Other use. For regulated carcinogens that do not have a regulated area requirement, reporting is required for any use of a concentration greater than or equal to 0.1% by weight or volume and which results in exposure or potential exposure to employees.

(d) Report of use.

(1) Initial use of a regulated carcinogen shall be reported in writing to the Chief within 15 calendar days of that initial use.

(2) Any changes in the reported information shall be similarly reported in writing within 15 calendar days of such change.

(3) All written reports shall be mailed to:

Occupational Carcinogen Control Unit

Division of Occupational Safety and Health

Post Office Box 420603

San Francisco, California 94142

(4) The report shall include:

(A) The name of the employer and address of each workplace where a regulated carcinogen is in use;

(B) An identifying description of where the use of a regulated carcinogen is located in the workplace;

(C) A brief description of each process or operation which creates employee exposure to the regulated carcinogen including the estimated number of employees engaged in each process or operation; and

(D) The names and addresses of any collective bargaining units or other representatives of the affected employees.

Note: An optional non-mandatory form that can be filled out to meet the requirements of subsection (d)(4) is available from the Occupational Carcinogen Control Unit.

(e) Temporary worksite notification. Employers with temporary worksites need only provide an initial report and changes as specified in subsection (c) for the employer’s permanent workplace location. Such employers shall also provide notification of the time and date of commencement of work, the approximate duration of the work, the location, the type of business, and the kind of work for each temporary worksite at least 24 hours prior to the commencement of each job when feasible, to the nearest district office of the Division of Occupational Safety and Health.

(f) Emergency. Any emergency, as defined in subsection (b), shall be reported as follows:

(1) A report of the occurrence of an emergency and the facts obtainable at that time shall be made within 24 hours to the nearest district office of the Division of Occupational Safety and Health.

(2) A written report shall be filed with the Chief within 15 calendar days after the occurrence of an emergency. The written report shall include:

(A) A description of the operation or process involved including its location, the amount of regulated carcinogen released, and the duration of the emergency.

(B) A statement of the known or estimated extent of employee exposure to the regulated carcinogen and area of contamination.

(C) An analysis of the circumstances that led up to the emergency.

(D) A description of the measures taken or to be taken, with specific completion dates, to prevent further similar emergencies from reoccurring.

(g) Posting. A copy of the applicable written report or use, temporary worksite notification, and emergency report shall be posted where the regulated carcinogen is in use or other appropriate location where the posting is conspicuous to affected employees. The reports shall be posted until the use no longer takes place at the worksite with the exception of emergency reports which shall be posted for at least 30 days after the written report was filed with the Chief.

NOTE: Authority cited: Sections 142.3, 9020, and 9030, Labor Code. Reference: Sections 142.3, 9004, 9009, 9020, 9030, and 9031, Labor Code.

Amend Section 5207 to read:

5207. Cadmium.

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(p) Reporting requirements. See section 5203.

(1) Use. All uses of Cadmium that are covered by this section and require the establishment of regulated areas shall be reported in writing to the Chief within 15 calendar days. Any changes in the reported information shall be similarly reported in writing within 15 calendar days of such change. The report shall include:

(A) The name of the employer and the address of each workplace where regulated areas are required;

(B) An identifying description of where the regulated areas are located in the workplace;

(C) A brief description of each process or operation which creates employee exposure to Cadmium including the estimated number of employees engaged in each process or operation; and

(D) The names and addresses of any collective bargaining units or other representatives of the affected employees.

(2) Temporary Worksite Notification. Employers with temporary worksites need register with the Chief only once. Such employers shall also provide notification of the time and date of commencement of work, the approximate duration of the work, the location, the type of business, and the kind of work for each temporary worksite at least 24 hours prior to the commencement of each job when feasible, to the nearest district office of the Division of Occupational Safety and Health.

(3) Emergency. Any emergency, as defined in subsection (b), shall be reported as follows:

(A) A report of the occurrence of the emergency and the facts obtainable at that time shall be made within 24 hours to the nearest district office of the Division of Occupational Safety and Health.

(B) A written report shall be filed with the Chief within 15 calendar days after the emergency occurred. The written report shall include:

1. A description of the operation or process involved including its location, the amount of Cadmium released, and the duration of the emergency.

2. A statement of the known or estimated extent of employee exposure to Cadmium and area of contamination.

3. An analysis of the circumstances that led up to the emergency.

4. A description of the measures taken or to be taken, with specific completion dates, to prevent further similar emergencies from occurring again.

(4) Posting. A copy of each written report shall be posted in the regulated areas or other appropriate location where the posting is conspicuous to affected employees.

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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.

Amend Section 5208 to read:

5208. Asbestos.

 

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(o) Reports of use (User Registration, Temporary Worksite Notification, and incident reporting) - See section 5203.

(1) Report of Use.

(A) Prior to the commencement of any operation specified in subsection (o)(1)(B) of this section, employers shall provide the information required by subsection (o)(1)(C) of this section to the Chief of the Division of Occupational Safety and Health, P.O. Box 420603, San Francisco, California 94142. Employers shall also inform the Chief within 15 days of any change in the information required to be provided and shall update or confirm their registration information when requested by the Chief.

NOTE: Except as required by subsection (o)(2) of this section (Temporary Worksite Notification) it is not intended that each activity listed in subsection (o)(1)(B) of this section, involving asbestos or materials containing asbestos be reported upon each use or activity. Anticipated present and future use reported is sufficient to comply with the requirements of this subsection.

(B) Operations and Processes Requiring Registration.

1. Employers conducting an operation which involves the use, handling, disruption, removal, disposal, processing, manufacturing, packaging or repackaging of asbestos or any material containing greater than 0.1% asbestos (dry weight), or to their containers, shall register with the Chief.

EXCEPTIONS:

A. Automotive repair facilities which are registered with the State Bureau of Automotive Repair meet the registration requirements of this subsection but are not otherwise exempt from this section.

B. Operations such as retail, wholesale, warehousing, transportation or distribution of products containing asbestos are exempt from report of use requirements of this section, provided such products are handled or stored in sealed or unbroken containers.

C. Products in which the asbestos fibers have been modified by a bonding agent, coating, binder, or other material, provided that the manufacturer has demonstrated by objective data that during all reasonably foreseeable uses, handling, storage, disposal, processing or transportation, no airborne concentrations of asbestos fibers in excess of the PEL [TWA] and/or excursion limit will be released. The record of objective data shall include at least those elements specified in subsection (m)(2)(B) of this section.

D. Large outdoor storage such as mine ore tailings piles, if posted in accordance with the requirements of 8 CCR 5208(j)(3).

2. Employers conducting any operations which may reasonably be expected to result in employee exposure in excess of the PEL [TWA] and/or excursion limit shall register with the Chief.

(C) Report of Use Requirements. The following information shall be provided to the Chief as required by this section.

1. The name of the employer and address(es) of the place(s) of employment.

NOTE: Where there are multiple locations where employees may be exposed to asbestos, or materials containing asbestos, infrequently (such as public utility vaults) the employer may provide a general description of such potential exposures and the nature and type of such locations in lieu of identifying each separate location.

2. A brief description of the way(s) in which the asbestos or materials containing asbestos are to be processed, handled, used or transported.

3. The estimated number of employees potentially exposed.

4. The materials containing asbestos being used or manufactured or the type(s) of structure(s) being constructed, demolished or repaired, and

5. The names and addresses of any collective bargaining representatives of the affected employees.

(2) Temporary Worksite Notification.

Employers with temporary worksites need register with the Chief only once. Such employers shall also send notification of the time and date of commencement of the work, the approximate duration of the work, the location, the type of business, and the kind of work for each temporary worksite at least 24 hours prior to the commencement of each job when feasible, to the District Office having jurisdiction for the temporary worksite by telegram, letter, or a telephone call.

(3) Incident reporting.

Any incident, accident or emergency resulting in a known exposure of an employee, unprotected by an appropriate respirator, to asbestos fibers in excess of the PEL and/or excursion limit shall be reported in writing to the Chief within 15 days of the incident. The report shall include the following information:

(A) The number of employees over-exposed;

(B) The circumstances surrounding the overexposure, including the process, operation or job involved;

(C) The results of any environmental analysis done to monitor employee exposure or to define the hazard;

(D) The steps taken, or being taken, to prevent a reoccurrence or to avoid future over-exposures; and

(E) The product being manufactured or type of structure being repaired, constructed or demolished.

(4) Posting. A copy of the User Registration and/or the Temporary Worksite Notification shall be posted as long as the operation and/or process requiring registration takes place at the worksite. A copy of the incident report shall be posted at least for 30 days following the date of the incident. These reports shall be posted in the locations where the asbestos is used or in other appropriate locations where posting is conspicuous to affected employees.

 

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Note: Authority cited: Sections 142.3, 6501.5, 9020, 9021.5, 9030 and 9040, Labor Code. Reference: Sections 142.3, 6501.5, 6501.7, 6501.8, 6501.9, 6502, 9003, 9004(b), 9005, 9006, 9009, 9020, 9021.5, 9030 and 9040, Labor Code and Section 25910, Health and Safety Code.

Amend Section 5208.1 to read:

5208.1. Non-Asbestiform Tremolite, Anthophyllite, and Actinolite.

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(l) Reports of Use. See section 5203. Not later than September 1, 1977, employers shall report the information required by subsection (l)(2) to the Chief of the Division of Occupational Safety and Health, P.O. Box 420603, San Francisco, California 94142. After September 1, 1977, the information required by subsection (l)(2) shall be reported prior to the commencement of any new, unreported operation or process covered by these Orders.

Note: It is not intended that each activity listed in paragraph (l)(1) involving asbestos non-asbestiform asbestiform tremolite, anthophyllite, and actinolite-containing products be reported upon each use or activity. Anticipated present and future use reported initially is sufficient to comply with this section.

(1) Operations and Processes Requiring Reporting.

(A) Any use, handling, disposal, processing, manufacturing, packaging or repackaging of non-asbestiform tremolite, anthophyllite, and actinolite or non-asbestiform tremolite, anthophyllite, and actinolite-containing products which require labeling by subsection (i) of this section.

(B) Brake repair and clutch repair operations where non-asbestiform tremolite, anthophyllite, and actinolite-containing friction materials are processed in a manner which may produce airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers, such as: grinding, sanding, drilling, brake shoe arcing and beveling, or removing non-asbestiform tremolite, anthophyllite, and actinolite-containing dust with compressed air. Automotive repair facilities which are registered with the State Bureau of Automotive Repairs meet the registration requirement of this subparagraph, but are not otherwise exempt from this section.

(C) Maintenance, construction, repair, renovation, demolition or salvage activities in which any materials containing more than 1% non-asbestiform tremolite, anthophyllite, and actinolite (dry weight) are sanded, ground, abrasive blasted, sawed, cut, shoveled, removed or otherwise handled in such a manner that non-asbestiform tremolite, anthophyllite, and actinolite dust would be raised.

(D) Any other use where employee exposure exceeds the concentrations of airborne fibers given in subsection (a).

Note: The ordinary use, handling, or installation of products which do not require labeling under subsection (i) are exempt from the reporting requirements. Examples of non-labeled products include but are not limited to, vinyl-non-asbesiform tremolite, anthophyllite, and actinolite floor tile, resilient sheet flooring, packings and gaskets, fibrated asphalt coatings and coated non-asbesiform tremolite, anthophyllite, and actinolite cloth.

Operations such as retail, wholesale, warehousing, transportation or distribution of products requiring labeling are exempt from reporting requirements providing such products are handled or stored in sealed or unbroken containers.

(2) Reporting Requirements.

(A) The name of the employer and the address(es) of the place(s) of employment.

Where there are multiple locations where employees may be exposed to non-asbestiform tremolite, anthophyllite, and actinolite-containing materials infrequently (such as public utility vaults), the employer may provide a general description of such potential exposures and the nature and type of such locations in lieu of identifying each separate location.

(B) A brief description of the way(s) in which the non-asbestiform tremolite, anthophyllite, and actinolite or non-asbestiform tremolite, anthophyllite, and actinolite-containing product(s) are to be processed, handled, used or transported.

(C) The estimated number of employees potentially exposed.

(D) The non-asbestiform tremolite, anthophyllite, and actinolite-containing product(s) being used or manufactured or the type(s) of structure(s) being constructed, demolished or repaired.

(E) The names and addresses of any collective bargaining representatives or other representatives of the affected employees.

(F) Employers with temporary jobsites, such as construction or demolition need register with the Division only once. Such registration is valid only on condition that the work is performed by the same employer and that prior to the commencement of each work when known in advance, the employer notifies the appropriate District Office by telegram, letter, or a telephone call which shall be confirmed in writing indicating the location and commencement of the activity.

(3) Incidents. Any incident, accident or emergency resulting in a known exposure of any employee, unprotected by an appropriate respirator, to non-asbestiform tremolite, anthophyllite, and actinolite fibers in excess of the limits prescribed by section 5208.1(a), shall be reported in writing to the Chief of the Division of Occupational Safety and Health within 15 days of the incident. The report shall include the following information:

(A) The number of employees over-exposed.

(B) The circumstances surrounding the over-exposure, including the process , operation or job involved.

(C) The results of any environment analyses done to monitor employee exposure or to define the hazard.

(D) The steps taken, or being taken to prevent a recurrence or to avoid future over-exposures.

(E) The product being manufactured or the type of structure being repaired, constructed or demolished.

(4) A copy of each report required by this subsection shall be posted by the employer in the location or locations where non-asbestiform tremolite, anthophyllite, and actinolite is used, or where other notices are normally posted, which shall be conspicuous to affected employees.

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Note: Authority cited: Sections 142.3, 9020, 9030 and 9040, Labor Code. Reference: Sections 142.3, 9004(b), 9009, 9020, 9030, 9031 and 9040, Labor Code.

Amend Section 5209 to read:

5209. Carcinogens.

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(f) Reports. See section 5203.

(1) Operations. No later than 30 days from the effective date of this Order, every employer who manufactures, processes, uses, repackages, stores, releases or otherwise handles a carcinogen to which this Order applies shall report, in writing, the information required by this paragraph to the Chief. Any changes in such information shall be similarly reported in writing within 15 calendar days of such change.

(A) The name of the employer and the address of each place of employment where a carcinogen is present.

(B) A brief description and in-plant location of each regulated area.

(C) The name(s) and other identifying information as to the presence of carcinogen(s) in each place of employment.

(D) The number of employees in each regulated area during normal operations including maintenance activities.

(E) The manner in which each carcinogen is present in each place of employment; e.g., whether it is manufactured, processed, used, repackaged, released, stored or otherwise handled including the approximate quantity of each carcinogen.

(F) The names and addresses of any collective bargaining or other representatives of the affected employees.

(2) Incidents. Incidents which result in the release of a carcinogen into any area where employees may be potentially exposed shall be reported in accordance with this paragraph.

(A) A report of the occurrence of the incident and the facts obtainable at that time including a report on any medical treatment of affected employees shall be made within 24 hours to the Chief.

(B) A written report shall be filed with the Chief within 15 calendar days thereafter and shall include:

1. A specification of the amount of material released, the amount of time involved, and an explanation of the procedure used in determining this figure;

2. A description of the area involved and the extent of known and possible employee exposure and area contamination;

3. A report of any medical treatment of affected employees and any medical surveillance program implemented; and

4. An analysis of the circumstances of the incident and measures taken or to be taken, with specific completion dates, to avoid further similar releases.

 

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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.

Amend Section 5210 to read:

5210. Vinyl Chloride.

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(n) Reports. See section 5203.

(1) Not later than 1 month after the establishment of a regulated area, the following information shall be reported to the Chief of the Division of Occupational Safety and Health. Any changes to such information shall be reported within 15 days.

(A) The address and location of each establishment which has one or more regulated areas; and

(B) The number of employees in each regulated area during normal operations, including maintenance.

(C) Effective September 1, 1977, the names and addresses of any collective bargaining representatives or other representatives of affected employees.

(2) Emergencies, and the facts obtainable at that time, shall be reported within 24 hours to the Chief of the Division of Occupational Safety and Health. Upon request of the Chief of the Division of Occupational Safety and Health, the employer shall submit additional information in writing relevant to the nature and extent of employee exposures and measures taken to prevent future emergencies of similar nature.

(3) Within 10 working days following any monitoring and measuring which discloses that any employee has been exposed, without regard to the use of respirators, in excess of the permissible exposure limit, each such employee shall be notified in writing of the results of the exposure measurement and the steps being taken to reduce the exposure to within the permissible exposure limit.

(4) Not later than September 1, 1977, any use, processing, storage, packaging, or repackaging of vinyl chloride monomer shall be reported as prescribed by this paragraph; however, if a report has been filed previously in accordance with Subsection (n)(1), no additional report is required by this paragraph.

(A) The address and location of each establishment.

(B) The number of employees in each area during normal operations including maintenance.

(C) The names and addresses of any collective bargaining representatives or other representatives of affected employees.

NOTE: The reporting requirements set forth in this paragraph shall not apply to the use, processing, storage, packaging, or repackaging of polyvinyl chloride.

(5) Posting. A copy of each report required under subsection (n) shall be posted by the employer in the location or locations where vinyl chloride is used or where other notices are normally posted, which shall be conspicuous to affected employees.

 

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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.

Amend Section 5211 to read:

5211. Coke Oven Emissions.

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(x) Reporting. See section 5203. Within 30 days of the effective date of this standard, every employer who establishes a regulated area in accordance with subsection (d) shall report the following information in writing to the Chief of the Division of Occupational Safety and Health, P.O. Box 603, San Francisco, California 94101. Any significant changes in such information shall be similarly reported in writing within 15 calendar days of such change:

(1) The name and address of each establishment.

(2) A brief description of each process or operation where employee exposure to coke oven emissions occur.

(3) The number of employees engaged in each process or operation which may result in exposure to coke oven emissions and an estimate of the frequency and degree of exposure that results.

(4) A brief description of the employee safety and health program as it relates to limitation of employee exposure to coke oven emissions.

(5) The name(s) and address(es) of any collective bargaining unit(s) which represent employees working in a regulated area.

 

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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.

Amend Section 5212 to read:

5212. 1,2 Dibromo-3-Chloropropane (DBCP).

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(d) Notification of Use and Emergencies. See section 5203.

(1) Use. Within ten (10) days of the effective date of this Order, or within ten (10) days following the introduction of DBCP into the workplace, the information prescribed by this paragraph shall be reported in writing to the Chief. Any significant change in this information shall be similarly reported within ten (10) days of such change.

EXCEPTION: The discontinuance of all use of DBCP.

(A) The name and address of each workplace in which DBCP is present.

(B) A statement as to the quantity, physical state and manner in which DBCP is used in the workplace (e.g. whether it is manufactured, processed, formulated, packaged, repackaged, stored, transported or otherwise used or handled) and an identifying description of the respective in-plant location(s).

(C) A brief description of each process or operation which may result in employee exposure to DBCP, the number of employees engaged in each process or operation and an estimate of the frequency and level of exposure that occurs in each process or operation and the employer's health and safety program as it relates to limitation of employees' exposure to DBCP.

(D) The names and addresses of any collective bargaining units or other representatives of the affected employees.

(2) Emergencies and Remedial Action.

(A) Emergencies, and the facts obtainable at that time, shall be reported within 24 hours of the occurrence to the nearest District Office of the Division of Occupational Safety and Health Administration.

(B) A written report shall be filed with the chief within 15 calendar days thereafter which shall include a description of the operation or process and the location involved in the emergency, a statement of the known or estimated extent of employee exposure to DBCP, an analysis of circumstances resulting in the emergency, and a description of remedial measures taken or to be taken, with specific completion dates, to prevent further similar emergencies.

(3) Posting. A copy of each written report required by this subsection shall be posted in the locations where DBCP is present in the workplace or in other appropriate location(s) where the posting is conspicuous to affected employees.

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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.

Amend Section 5213 to read:

5213. Acrylonitrile.

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(d) Reporting of Use and Emergencies. See section 5203.

(1) Notification of Use.

(A) Within thirty (30) days of the effective date of this section or within fifteen (15) days following the introduction of AN into the workplace, the following information shall be reported in writing to the Chief:

1. The name and address of each establishment where AN is present.

2. Where applicable, the location(s) within the establishment of each regulated area.

3. A brief description of each process or operation which results in employee exposure to AN within each regulated area.

4. The number of employees engaged in each process or operation within each regulated area which results in exposure to AN and an estimate of the frequency and degree of the exposure that occurs.

5. The names and addresses of any collective bargaining units or other representatives of the affected employees.

EXCEPTION: The information specified by Section 5213(d)(1)(A) need not be reported if the employer previously complied with the Notification of Use provisions of the emergency temporary standard for acrylonitrile.

(B) Any significant change in the information required by Section 5213(d)(1)(A), other than the discontinuance of all use of AN, shall be reported in writing to the Chief within fifteen (15) calendar days of such change.

(2) Reporting of Emergencies.

(A) Emergencies, and the facts obtainable at that time shall be reported within 72 hours of the occurrence to the nearest District Office of the Division of Occupational Safety and Health Administration (DOSHA)

(B) Upon request of the DOSHA District Office, the employer shall file a written report with the Chief within fifteen (15) calendar days thereafter which shall include a description of the operation or process and the in-plant location involved in the emergency, a statement of the known or estimated extent of employee exposure to AN, an analysis of the circumstances resulting in the emergency, and a description of remedial measures taken or to be taken, with specific completion dates, to prevent future emergencies of a similar nature.

(3) Posting. A copy of each written report required by this subsection shall be posted in the location(s) where acrylonitrile is present in the workplace or in other appropriate location(s) where the posting is conspicuous to affected employees. Each written report shall be posted for a minimum period of 60 days.

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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.

Amend Section 5214 to read:

5214. Inorganic Arsenic.

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(d) Registration of Use and Reporting of Incidents. See section 5203.

(1) Use. Within 60 days following the introduction of inorganic arsenic into the workplace, the information prescribed by this paragraph shall be registered in writing to the Chief. Any significant change in such information shall be similarly registered within 15 calendar days of such change.

(A) The name and address of each workplace in which inorganic arsenic is present.

(B) The chemical name(s) or other identifying information as to the presence of inorganic arsenic in the workplace.

(C) Where a regulated area must be established within the workplace in accordance with Section 5214(f)(1):

1. An identifying description of the in-plant location(s).

2. A brief description of each process or operation which creates the employee exposure to inorganic arsenic, the approximate number of employees engaged in each process or operation, and the actions which the employer intends to take to reduce exposures.

(D) The names and addresses of any collective bargaining units or other representatives of the affected employees.

(2) Incidents. Any incident shall be reported in accordance with this paragraph.

(A) A report of the occurrence of the incident and the facts obtainable at that time shall be made within 24 hours to the nearest district office of the Division of Occupational Safety and Health.

(B) A written report shall be filed with the Chief within 15 calendar days thereafter which shall include a description of the operation or process and the in-plant location involved, a statement of the known or estimated extent of employee exposure to inorganic arsenic, an analysis of the circumstances resulting in the incident, and a description of remedial measures taken or to be taken, with specific completion dates, to prevent further similar incidents.

(3) Posting. A copy of each written report required by this subsection shall be posted in the location(s) where inorganic arsenic is present in the workplace or in other appropriate location(s) where the posting is conspicuous to affected employees. Each written report shall be posted for a minimum period of 30 days.

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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.

Amend Section 5215 to read:

5215. 4,4’-Methylenebis(2-Chloroaniline).

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(n) Reports. See section 5203.

(1) Operations. Not later than 30 days from the effective date of this section, or 15 days following any substantive change in operation, users specified in Section 5215(a)(2) shall report the following information in writing to the Chief:

(A) Name and address of the employer and location of areas where MBOCA is used.

(B) Number of affected employees.

(C) The manner in which MBOCA is present and used, e.g., solid pellet or granule, liquid solution, frozen premix; whether it is manufactured, processed, used, repackaged, stored, shipped, released, or otherwise handled.

(D) Names and addresses of representatives of bargaining units.

(2) Incidents. Incidents which result in the release of MBOCA into any area where unauthorized employees may be potentially exposed shall be reported to the Chief.

(A) A report alerting the Chief of the incident shall be made to the Chief within 24 hours of the occurrence, stating the facts obtainable at that time.

(B) A written report shall be filed with the Chief within 15 calendar days thereafter and shall include:

1. A specification of the amount of material released, the duration and extent of exposure, and an explanation of the procedure used in determining this figure;

2. A description of the area involved and the extent of known and possible employee exposure and area contamination;

3. A report of any medical treatment of affected employees and any medical surveillance program implemented; and

4. An analysis of the circumstances of the incident and measures taken, or to be taken, with specific completion dates, to avoid further similar releases.

(3) A copy of each report required under this subsection shall be posted in a conspicuous place in the location where MBOCA is used.

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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.

Amend Section 5217 to read:

5217. Formaldehyde.

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(p) Reporting requirements. See section 5203.

(1) Use.

All uses of formaldehyde or its solutions, resulting in occupational exposures in airborne concentrations at the action level of 0.5 parts per million and above, shall be reported in writing to the Chief within 15 days after the introduction of such substances into the workplace. Any significant change in such information shall be similarly reported within 15 days of such change. The report shall include:

(A) The name and address of each workplace in which formaldehyde or its solutions are present;

(B) An identifying description of the workplace location of each regulated area established in accordance with subsection (e);

(C) A brief description of each process or operation which creates employee exposure to formaldehyde including the number of employees engaged in each process or operation; and

(D) The names and addresses of any collective bargaining units or other representatives of the affected employees.

(2) Emergencies.

Any emergency as defined in subsection (b), shall be reported as follows:

(A) A report of the occurrence of the emergency and the facts obtainable at the time shall be made within 24 hours to the nearest district office of the Division of Occupational Safety and Health.

(B) A written report shall be filed with the Chief within 15 calendar days thereafter which shall include a description of the operation or process and the inplant location involved, a statement of the known or estimated extent of employee exposure to formaldehyde, an analysis of the circumstances resulting in the emergency, and a description of remedial measures taken or to be taken, with specific completion dates, to prevent further similar incidents.

(3) Posting.

A copy of each written report required by this subsection shall be posted in the location(s) where formaldehyde is present in the workplace or in other appropriate location(s) where the posting is conspicuous to affected employees. Each written report shall be posted for a minimum period of 30 days.

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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.

Amend Section 5218 to read:

5218. Benzene.

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(m) Reporting Requirements. See section 5203.

(1) Use. All uses of benzene or its solutions, in concentrations of 0.1 percent by volume and above, resulting in occupational exposure above the action level shall be reported in writing to the Chief within 15 days after the introduction of such substances into the workplace unless they are excluded from compliance with this standard as provided in subsection (a). Any significant change in such information shall be similarly reported within 15 days of such change. The report shall include:

(A) The name and address of each workplace in which benzene or its solutions are present;

(B) An identifying description of the workplace location of each regulated area established in accordance with subsection (d);

(C) A brief description of each process or operation which creates employee exposure to benzene including the number of employees engaged in each process or operation; and

(D) The names and addresses of any collective bargaining units or other representatives of the affected employees.

(2) Emergencies. Any emergency, as defined in subsection (b), shall be reported as follows:

(A) A report of the occurrence of the emergency and the facts obtainable at that time shall be made within 24 hours to the nearest district office of the Division of Occupational Safety and Health.

(B) A written report shall be filed with the Chief within 15 calendar days thereafter which shall include a description of the operation or process and the in-plant location involved, a statement of the known or estimated extent of employee exposure to benzene, an analysis of the circumstances resulting in the emergency, and a description of remedial measures taken or to be taken, with specific completion dates, to prevent further similar incidents.

(3) Posting. A copy of each written report required by this subsection shall be posted in the location(s) where benzene is present in the workplace or in other appropriate location(s) where the posting is conspicuous to affected employees. Each written report shall be posted for a minimum period of 30 days.

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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.

Amend Section 5219 to read:

5219. Ethylene Dibromide (EDB).

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(d) Reporting of Use and Emergencies. See section 5203.

(1) Use.

(A) Within 24 hours following the initial introduction of EDB into the workplace, the employer shall report by telephone to the Chief of the Division the name and address of each workplace in which EDB is present.

(B) Within 10 days following the initial introduction of EDB into the workplace, the following information shall be reported in writing to the Chief of the Division:

1. The name and address of each workplace in which EDB is present;

2. A statement as to the quantity of EDB (or the quantity of EDB-containing products for which the content of EDB is unknown), the physical state, and the manner in which EDB is used in the workplace (e.g. whether it is manufactured, processed, formulated, packaged, repackaged, stored, transported or otherwise used or handled) and an identifying description of the respective in-plant location(s);

3. A brief description of each process or operation which may result in employee exposure to EDB;

4. The number of employees engaged in each process or operation and an estimate of the frequency of exposure that occurs in each process or operation; and

5. The names and addresses of any collective bargaining units or other representatives of the affected employees.

(C) Any significant change in the information required by paragraph (d)(1)(A) other than discontinuance of all use of EDB shall be reported in writing to the Chief of the Division within ten (10) calendar days of such change.

(2) Emergencies.

(A) Emergencies resulting in unplanned and uncontrolled release of and potential exposure to EDB in excess of the limits prescribed by subsection (c) and the facts obtainable at that time shall be reported within 24 hours of the occurrence to the nearest District Office of the Division of Occupational Safety and Health (DOSH).

(B) A written report shall be filed with the Chief of the Division within 15 calendar days thereafter which shall include a description of the operation or process and the location involved in the emergency, a statement of the known or estimated extent of employee exposure to EDB, an analysis of circumstances resulting in the emergency, and a description of remedial measures taken or to be taken with specific completion dates to prevent further similar emergencies.

 

 

(3) Posting. A copy of the report of use shall be posted for as long as EDB is present in the workplace. A copy of the report of an emergency shall be posted for at least 30 days following the date of the emergency. These reports shall be posted in locations where EDB is present in the workplace or in other appropriate location(s) where posting is conspicuous to affected employees.

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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.

 

Amend Section 5220 to read:

5220. Ethylene Oxide.

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(m) Notification of Use and Emergencies. See section 5203.

(1) Use. Within ten (10) days of the effective date of this section, or within ten (10) days following the introduction of EtO into the workplace, the information prescribed by this subsection shall be reported in writing to the Chief. Any significant change in this information shall be similarly reported within ten (10) days of such change.

(A) The name and address of each workplace in which EtO is present;

(B) A statement as to the quantity and manner in which EtO is used in the workplace (e.g., whether it is manufactured, is used to produce other chemicals or products, or is used as a sterilant or fumigant) and an identifying description of the respective workplace location(s);

(C) A brief description of each process or operation which may result in employee exposure to EtO, the number of employees engaged in each process or operation and an estimate of the frequency and level of exposure that occurs in each process or operation and the employer’s health and safety program as it relates to limitation of employee’s exposure to EtO; and

(D) The names and addresses of any collective bargaining units or other representatives of the affected employees.

(2) Emergencies and Remedial Action.

(A) Emergencies, and the facts obtainable at that time, shall be reported within 24 hours of the occurrence to the nearest District Office of The Division of Occupational Safety and Health; and

(B) A written report shall be filed with the Chief within 15 calendar days thereafter which shall include a description of the operation or process and the location involved in the emergency, a statement of the known or estimated extent of employee exposure to EtO, an analysis of circumstances resulting in the emergency, and a description of remedial measures taken or to be taken, with specific completion dates, to prevent further similar emergencies.

(C) Posting. A copy of each written report required by subsections (m)(1) and (m)(2) shall be posted in the locations where EtO is present in the workplace or in other appropriate location(s) where the posting is conspicuous to affected employees.

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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.

Amend Section 8358 to read:

8358. Asbestos.

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(q) Reports of use (User Registration, Temporary Worksite Notification, and Incident Reporting). See section 5203.

(1) Report of Use.

(A) Prior to the commencement of any operation specified in subsection (q)(1)(B) of this section, employers shall provide the information required by subsection (q)(1)(C) of this section to the Chief of the Division of Occupational Safety and Health, P.O. Box 420603, San Francisco, California 94142. Employers shall also inform the Chief within 15 days of and change in the information required to be provided and shall update or confirm their registration information when requested by the chief.

NOTE: Except as required by subsection (q)(2) of this section Temporary Worksite Notification, it is not intended that each activity listed in subsection (q)(1)(B) of this section, involving asbestos or materials containing asbestos be reported upon each use or activity. Anticipated present and future use reported is sufficient to comply with the requirements of this subsection.

(B) Operations and Processes Requiring Registration.

1. Employers conducting an operation which involves the use, handling, disruption, removal, disposal, processing, manufacturing, packaging or repackaging of asbestos or any material containing greater than 0.1% asbestos (dry weight), or to their containers shall register with the Chief.

EXCEPTIONS:

A. Automotive repair facilities which are registered with the State Bureau of Automotive Repairs meet the registration requirements of this subsection, but are not otherwise exempt from this section.

B. Operations such as retail, wholesale, warehousing, transportation or distribution of products containing asbestos are exempt from report of use requirements of this section, provided such products are handled or stored in sealed or unbroken containers.

C. Employers conducting any operations which may reasonably be expected to result in employee exposure in excess of the permissible exposure level and/or excursion limit shall register with the Chief.

(C) Report of Use Requirements. The following information shall be provided to the Chief as required by this section.

1. The name of the employer and address(es) of the place(s) of employment.

NOTE: Where there are multiple locations where employees may be exposed to asbestos or materials containing asbestos infrequently (such as public utility vaults), the employer may provide a general description of such potential exposures and the nature and type of such locations in lieu of identifying each separate location. 2. A brief description of the way(s) in which the asbestos or materials containing asbestos are to be processed, handled, used or transported.

3. The estimated number of employees potentially exposed.

4. The materials containing asbestos being used or manufactured or the type(s) of structures being constructed, demolished or repaired, and

5. The names and addresses of any collective bargaining representatives or other representatives of the affected employees.

(2) Temporary Worksite Notification.

Employers with temporary worksites need register with the Chief only once. Such employer’s shall also send notification of the time and date of commencement of the work, the approximate duration of the work, the location, the type of business, and the kind of work for each temporary worksite at least 24 hours prior to the commencement of each job when feasible, to the District Office having jurisdiction for the temporary worksite by telegram, letter, or a telephone call.

(3) Incident Reporting. Any incident, accident or emergency resulting in a known exposure of an employee, unprotected by an appropriate respirator, to asbestos fibers in excess of the PEL and/or excursion limit shall be reported in writing to the Chief within 15 days of the incident. The report shall include the following information:

(A) The number of employees over-exposed;

(B) The circumstances surrounding the overexposure, including the process, operation or job involved;

(C) The results of any environmental analyses done to monitor employee exposure or to define the hazard;

(D) The steps taken, or being taken, to prevent a recurrence or to avoid future over-exposures; and

(E) The product being manufactured or type of structure being repaired, constructed or demolished.

(4) Posting. A copy of the User Registration and/or the Temporary Worksite Notification shall be posted as long as the operation and/or process requiring registration takes place at the worksite. A copy of the incident report shall be posted for at least 30 days following the date of the incident. These reports shall be posted in the location(s) where the asbestos is used or in other appropriate locations where posting is conspicuous to affected employees.

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NOTE: Authority cited: Sections 142.3, 6501.5, 9020, 9021.5, 9030 and 9040, Labor Code. Reference: Sections 142.3, 6501.5, 6501.7, 6501.8, 6501.9, 6502, 9003, 9004(b), 9005, 9006, 9009, 9020, 9021.5, 9030 and 9040, Labor Code; and Section 25910, Health and Safety Code.