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(a) Scope and Application.
(1) This section applies to all occupational exposures to acrylonitrile (AN), Chemical Abstracts Service Registry No. 107131, except as provided in Sections 5213(a)(2) and (a)(3).
(2) This section does not apply to exposures which result solely from the processing, use, and handling of the following materials:
(A) Acrylonitrile-butadiene-styrene (ABS) resins, styrene-acrylonitrile (SAN) resins, nitrile barrier resins, solid nitrile elastomers, and acrylic and modacrylic fibers, when these listed materials are in the form of finished polymers, and products fabricated from such finished polymers;
(B) Materials made from and/or containing AN for which objective data is reasonably relied upon to demonstrate that the material is not capable of releasing AN in airborne concentrations in excess of 1 part per million of air by volume (1 ppm) as an 8-hour time-weighted average, under the expected conditions of processing, use, and handling which will cause the greatest possible release; and
(C) Solid materials made from and/or containing AN which will not be heated above 170<<degrees>>F during handling, use, or processing.
(3) An employer relying upon exemption under Section 5213(a)(2)(B) shall maintain records of the objective data supporting that exemption, and of the basis of the employer's reliance on the data, as provided in Section 5213(q).
(4) The requirements of this section are subject to the provisions of the Occupational Carcingens Control Act of 1976 (Health and Safety Code, Division 20, Chapter 2).
Acrylonitrile or AN. Acrylonitrile monomer; chemical formula, CH2 = CHCN.
Action level. A concentration of 1 part AN per million parts of air by volume (1 ppm) as an 8-hour time-weighted average.
Authorized Person. Any person specifically authorized by the employer and whose duties require the person to be present in areas where AN concentrations exceed the permissible exposure limit and any person entering this area as a designated representative of employees exercising an opportunity to observe employee exposure monitoring pursuant to Title 8 Cal. Admin. Code 340.1.
Chief. The Chief of the Division of Occupational Safety and Health, P.O. Box 420603, San Francisco, California 94142.
Decontamination. Treatment of materials and surfaces by water washdown, ventilation, or other means, to assure that the materials will not expose employees to airborne concentrations of AN above 1 ppm.
Director. The Director, National Institute for Occupational Safety and Health, U. S. Department of Health, Education and Welfare, 5600 Fisher Lane, Rockville, Maryland 20852.
Emergency. Any occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment, which results in an unexpected massive release of AN.
Liquid AN. Acrylonitrile monomer in liquid form, and liquid or semiliquid polymer intermediates, including slurries, suspensions, emulsions, and solutions, produced during the polymerization of AN.
Qualitative fit testing. A procedure which tests for leakage at the juncture of the respirator facepiece and the wearer's face by determining whether or not the odor of a test agent is detectable by the respirator wearer while exposed to a test atmosphere.
Quantitative fit testing. A procedure using sophisticated instrumentation which measures the concentration of a test agent inside a respirator while worn in a test atmosphere of known concentration; the ratio of the concentration of the agent in the test atmosphere to its concentration inside the respirator provides a numerical value (the protection factor) indicative of the degree of protection afforded the wearer by the respirator.
(c) Exposure Limits.
(1) Permissible Exposure Limits -Inhalation.
(A) Time-Weighted Average Limit (TWA). The employer shall assure that no employee is exposed to a concentration in excess of 2 parts acrylonitrile per million parts of air by volume (2 ppm) as an 8-hour time-weighted average.
(B) Ceiling Limit. The employer shall assure that no employee is exposed to a concentration in excess of 10 parts acrylonitrile per million parts of air by volume (10 ppm) as averaged over any 15-minute period during the working day.
(2) Dermal and Eye Exposure. The employer shall assure that no employee is exposed to skin or eye contact with liquid AN.
(d) Reporting of Use and Emergencies. See section 5203.
(e) Exposure Monitoring.
(1) General. Determinations of exposure levels shall be made from air samples that are representative of each employee's exposure to AN over an 8-hour period. (For the purposes of this subsection, employee exposure is that which would occur if the employee were not using a respirator.)
(2) Initial Monitoring. Within 30 days of the effective date of this standard (or within 30 days of the introduction of AN into the workplace), each employer who has a place of employment in which AN is present shall monitor each such workplace and work operation to accurately determine the concentrations of airborne AN to which employees may be exposed. Such monitoring may be done on a representative basis, provided that the employer can demonstrate that these determinations are representative of employee exposures.
Note: Monitoring conducted under the provisions of the temporary emergency standard for AN may be relied upon to meet this initial monitoring requirement.
(A) If the monitoring required by this subsection reveals employee exposure to be below the action level, the employer may discontinue monitoring for that employee.
(B) If the monitoring required by this subsection reveals employee exposure to be at or above the action level but below the permissible exposure limits, the employer shall repeat monitoring for each such employee within three months. Quarterly measurements shall be continued until at least two consecutive measurements taken at least 7 days apart, are below the action level and thereafter monitoring may be discontinued for that employee.
(C) If the monitoring required by this subsection reveals employee exposure to be in excess of the permissible exposure limits, the employer shall repeat these determinations for each such employee at least monthly. The employer shall continue these monthly measurements until at least two consecutive measurements, taken at least seven (7) days apart, are below the permissible exposure limits, and thereafter the employer shall monitor at least quarterly.
(4) Additional Monitoring. Whenever there has been a production, process, control, or personnel change which may result in new or increased exposures to AN, or whenever the employer has any reason to suspect a change which may result in new or increased exposures to AN, additional monitoring which complies with this subsection shall be conducted.
(5) Employee Notification.
(A) Within five (5) working days after the receipt of monitoring results, the employer shall notify each employee in writing of the results which represent that employee's exposure.
(B) Whenever the results indicate that the representative employee exposure exceeds the permissible exposure limits, the employer shall include in the written notice a statement that the permissible exposure limits were exceeded and a description of the corrective action being taken to reduce exposure to or below the permissible exposure limits.
(6) Accuracy of Measurement. The method of measurement shall be accurate, to a confidence level of 95 percent, to within plus or minus 35 percent for concentrations of AN at or above the permissible exposure limits, and to within plus or minus 50 percent for concentrations of AN below the permissible exposure limits.
(f) Regulated Areas.
(1) The employer shall establish regulated areas where AN concentrations are in excess of the permissible exposure limits.
(2) Regulated areas shall be demarcated and segregated from the rest of the workplace, in any manner that minimizes the number of persons who will be exposed to AN.
(3) Access to regulated areas shall be limited to authorized persons.
(4) The employer shall assure that food or beverages are not present or consumed, tobacco products are not present or used, and cosmetics are not applied in the regulated area.
(g) Methods of Compliance.
(1) Engineering and Work Practice Controls.
(A) By November 2, 1980, the employer shall institute engineering and work practice controls to reduce and maintain employee exposures to AN, to or below the permissible exposure limits, except to the extent that such controls are not feasible.
(B) Wherever the engineering and work practice controls which can be instituted are not sufficient to reduce employee exposures to or below the permissible exposure limits, the employer shall nonetheless use them to reduce exposures to the lowest levels achievable by these controls, and shall supplement them by the use of respiratory protection which complies with the requirements of Section 5213(h).
(2) Compliance Program.
(A) The employer shall establish and implement a written program to reduce employee exposures to or below the permissible exposure limits solely by means of engineering and work practice controls as required by Section 5213(g)(1).
(B) Written plans for these compliance programs shall be established within 60 days from the effective date of this standard and shall include at least the following:
1. A description of each operation or process resulting in employee exposure to AN above the permissible exposure limits;
2. An outline of the nature of the engineering controls and work practices to be applied to the operation or process in question;
3. A report of the technology considered in meeting the permissible exposure limits;
4. A schedule for implementation of engineering and work practice controls for operation or process, which shall project completion no later than November 2, 1980; and
5. Any other relevant information.
(C) The employer shall complete the steps set forth in the compliance program by the dates in the schedule.
(D) Written plans shall be submitted to the Chief upon the request of authorized representatives of the Chief and shall be available at the workplace for examination and copying by such authorized representatives or by any affected employee or employee representative.
(E) The plans required by this subsection shall be revised and updated at least every 6 months to reflect the current status of the program.
(h) Respiratory Protection.
(1) General. For employees who are required to use respirators by this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:
(A) Periods necessary to install or implement feasible engineering and work practice controls;
(B) Work operations, such as maintenance and repair activities or reactor cleaning, in which the employer establishes that engineering and work practice controls are not feasible;
(C) Work operations for which feasible engineering and work practice controls are not yet sufficient to reduce exposure to or below the permissible exposure limits; and
(2) Respirator program.
(A) The employer must implement a respiratory protection program in accordance with section 5144 (b) through (d) (except (d)(1)(C), and (f) through (m).
(3) Respirator selection.
(A) The employer must select, and provide to employees, the appropriate respirators specified in Section 5144(d)(3)(A)1.
(B) For escape, the employer shall provide employees with any organic vapor respirator or any self-contained breathing apparatus permitted for use under subsection (h)(3).
(i) Emergencies. Within fifteen (15) days of the effective date of this section, a written plan for emergency situations shall be developed for each workplace where liquid AN is present. The plan shall address, as a minimum, the implementation of the requirements of this subsection. Within 45 days of the effective date of this section, all elements of the emergency plan shall have been implemented.
(1) Written Procedures. Specific, written procedures prescribing the course of action to be followed in an emergency shall be posted in those areas of the workplace where liquid AN is present.
(A) The procedure shall require that employees involved in the abatement of an emergency be equipped with specific items of respiratory protective equipment and personal protective clothing appropriate to the emergency conditions.
(B) All employees potentially affected by an emergency shall be thoroughly familiarized with the emergency procedure and shall be instructed in the performance of their assigned or potential role in an emergency.
(C) Twin-headed eyewash fountains supplied with potable running water shall be installed near, within sight of, and on the same level with locations where eye contact with liquid AN would be likely to occur as the result of equipment failure or improper work practice.
(D) Necessary emergency equipment, including appropriate respiratory protective devices, shall be stored in readily accessible locations.
(E) Employees not engaged in correcting the emergency shall be evacuated from the area and shall not be permitted to return until the emergency is abated.
(F) Hazardous conditions created by the emergency shall be eliminated and the potentially affected area shall be decontaminated prior to the resumption of normal operations.
(2) Emergency Alarm. Where there is the possibility of employee exposure to AN in excess of the ceiling limit due to the occurrence of an emergency, a general alarm shall be installed, maintained, and used to promptly alert employees of such occurrence.
(j) Protective Clothing and Equipment.
(1) Provision and Use. Where eye or skin contact with liquid AN may occur, the employer shall provide at no cost to the employee, and assure that employees wear, impermeable protective clothing or other equipment such as protective eye and face equipment, in accordance with Article 10, to protect any area of the body which may come in contact with liquid AN.
(2) Cleaning and Replacement.
(A) The employer shall clean, launder, maintain, or replace protective clothing and equipment required by this section as needed to maintain their effectiveness.
(B) The employer shall assure that impermeable protective clothing which contacts or is likely to have contacted liquid AN shall be decontaminated before being removed by the employee.
(C) The employer shall assure that an employee whose nonimpermeable clothing becomes wetted with liquid AN shall immediately remove that clothing and proceed to shower. The clothing shall be decontaminated before it is removed from the regulated area.
(D) The employer shall assure that no employee removes protective clothing or equipment from the change room, except for those employees authorized to do so for the purpose of laundering, maintenance, or disposal.
(E) The employer shall inform any person who launders or cleans protective clothing or equipment of the potentially harmful effects of exposure to AN.
(1) All surfaces shall be maintained free of visible accumulations of liquid AN.
(2) For operations involving liquid AN, the employer shall institute a program for detecting leaks and spills of liquid AN, including regular visual inspections.
(3) Where spills of liquid AN are detected, the employer shall assure that surfaces contacted by the liquid AN are decontaminated. Employees not engaged in decontamination activities shall leave the area of the spill, and shall not be permitted in the area until decontamination is completed.
(l) Waste Disposal. Acrylonitrile-contaminated waste, scrap, debris, bags, containers, or equipment shall be decontaminated before being incorporated in the general waste disposal system.
(m) Hygiene Facilities and Practices.
(1) Where employees are exposed to airborne concentrations of AN above the permissible exposure limits, or where employees are required to wear protective clothing or equipment pursuant to Section 5213(j), the facilities required by Article 9, including clean change rooms and shower facilities, shall be provided by the employer for the use of those employees, and the employer shall assure that the employees use the facilities provided.
(2) The employer shall assure that employees wearing protective clothing or equipment for protection from skin contact with liquid AN shall shower at the end of the work shift.
(3) The employer shall assure that, in the event of skin or eye exposure to liquid AN, the affected employee shall shower immediately to minimize the danger of skin absorption.
(4) The employer shall assure that employees working in the regulated area wash their hands and faces prior to eating.
(n) Medical Surveillance.
(A) The employer shall institute a program of medical surveillance for each employee who is or will be exposed to AN at or above the action level, without regard to the use of respirators. The employer shall provide each such employee with an opportunity for medical examinations and tests in accordance with this paragraph.
(B) The employer shall assure that all medical examinations and procedures are performed by or under the supervision of a California-licensed physician and that they shall be provided without cost to the employee.
(2) Initial Examinations. Within thirty (30) days of the effective date of this section, or thereafter at the time of initial assignment, the employer shall provide each affected employee an opportunity for a medical examination, including at least the following elements:
(A) A work history and medical history with special attention to skin, respiratory, and gastrointestinal systems, and those nonspecific symptoms, such as headache, nausea, vomiting, dizziness, weakness, or other central nervous system dysfunctions that may be associated with acute or chronic exposure to AN;
(B) A comprehensive physical examination giving particular attention to the peripheral and central nervous system, gastrointestinal system, respiratory system, skin, and thyroid;
(C) Posterior-anterior chest X-ray (14- by 17-inch); and
(D) Further tests of the intestinal tract, including fecal occult blood screening, for all workers 40 years of age or older, and for any other affected employees for whom, in the opinion of the physician, such testing is appropriate.
Note: Medical surveillance conducted under the provisions of the temporary emergency standard for AN may be relied upon by the employer to meet this initial medical surveillance requirement.
(3) Periodic Examinations.
(A) The employer shall provide the examinations prescribed by Section 5213(n)(2) at least annually for all employees specified in Section 5213(n)(1).
(B) If an employee has not had the examination specified in Section 5213(n)(2) within 6 months preceding termination of employment, the employer shall make such examination available to the employee prior to such termination.
(4) Additional Examinations. If the employee for any reason develops signs or symptoms which may be associated with exposure to AN, the employer shall provide an appropriate examination and emergency medical treatment.
(5) Information Provided to the Physician. The employer shall provide the following information to the examining physician:
(A) A copy of this standard and its appendices;
(B) A description of the affected employee's duties as the relate to the employee's exposure;
(C) The employee's representative exposure level;
(D) The employee's anticipated or estimated exposure level (for preplacement examinations or in cases of exposure due to an emergency);
(E) A description of any personal protective equipment used or to be used; and
(F) Information from previous medical examinations of the affected employee which is not otherwise available to the examining physician.
(6) Physician's Written Opinion.
(A) The employer shall obtain a written opinion from the examining physician which shall include:
1. The results of the medical examination and tests performed insofar as such findings relate to occupational exposure to AN;
2. The physician's opinion as to whether the employee has any detected medical condition(s) which would place the employee at an increased risk of material impairment of the employee's health from exposure to AN;
3. Any recommended limitations upon the employee's exposure to AN or upon the use of protective clothing and equipment such as respirators; and
4. A statement that the employee has been informed by the physician of the results of the medical examination and any medical conditions which require further examination or treatment.
(B) The employer shall instruct the physician not to reveal in the written opinion specific findings or diagnoses unrelated to occupational exposure to AN.
(C) The employer shall provide a copy of the written opinion to the affected employee.
(o) Employee Information and Training.
(1) Training Program.
(A) Within 60 days of the effective date of this section, the employer shall institute a training program for, and assure the participation of, all employees exposed to AN above the action level, all employees whose exposures are maintained below the action level by engineering and work practice controls, and all employees subject to potential skin or eye contact with liquid AN.
(B) Training shall be provided at the time of initial assignment, or upon institution of the training program, and at least annually thereafter, and the employer shall assure that each employee is informed of the following:
1. The information contained in Appendices A and B;
2. The quantity, location, manner of use, release, or storage of AN, and the specific nature of operations which could result in exposure to AN, as well as any necessary protective steps;
3. The purpose, proper use, and limitations of respirators and protective clothing;
4. The purpose and a description of the medical surveillance program required by Section 5213(n);
5. The emergency procedures developed, as required by Section 5213(i);
6. First-aid measures for acute exposure to AN;
7. Engineering and work practice controls, their function, and the employee's relationship to these controls; and
8. A review of this standard.
(2) Access to Training Materials.
(A) The employer shall make a copy of this section and its appendices readily available to all affected employees and employee representatives.
(B) All materials relating to the employee information and training program shall be provided, upon request, to authorized representatives of the Chief.
(p) Signs and Labels.
(A) The employer may use labels or signs required by other statutes, regulations, or ordinances in addition to, or in combination with, signs and labels required by this subsection.
(B) The employer shall assure that no statement appears on or near any sign or label required by this paragraph which contradicts or detracts from the required sign or label.
(A) The employer shall post signs to clearly indicate all workplaces where AN concentrations exceed the permissible exposure limits. The signs shall bear the following legend:
DANGER ACRYLONITRILE (AN) CANCER HAZARD AUTHORIZED PERSONNEL ONLY RESPIRATOR REQUIRED
(B) The employer shall assure that signs required by this paragraph are illuminated and cleaned as necessary so that the legend is readily visible.
(A) The employer shall assure that precautionary labels are affixed to all containers of liquid AN and AN-based materials not exempted under Section 5213(a)(2). The employer shall assure that the labels remain affixed when the materials are sold, distributed, or otherwise leave the employer's workplace.
(B) The employer shall assure that the precautionary labels required by this paragraph are readily visible and legible. The labels shall bear the following legend:
DANGER CONTAINS ACRYLONITRILE (AN) CANCER HAZARD
(1) Objective Data for Exempted Operations.
(A) Where the processing, use, or handling of materials made from or containing AN are exempted pursuant to Section 5213(a)(2)(B), the employer shall establish and maintain an accurate record of objective data reasonably relied upon in support of the exemption.
(B) This record shall include at least the following information:
1. The material qualifying for exemption;
2. The source of the objective data;
3. The testing protocol, results of testing, and/or analysis of the material for the release of AN;
4. A description of the operation exempted and how the data supports the exemption; and
5. Other data relevant to the operations, materials, and processing covered by the exemption.
(C) The employer shall maintain this record for the duration of the employer's reliance upon such objective data.
(2) Exposure Monitoring.
(A) The employer shall establish and maintain an accurate record of all monitoring required by Section 5213(e).
(B) This record shall include:
1. The dates, number, duration, and results of each of the samples taken, including a description of the sampling procedure used to determine representative employee exposure;
2. A description of the sampling and analytical methods used and the data relied upon to establish that the methods used meet the accuracy and precision requirements of Section 5213(e)(6);
3. Type of respiratory protective devices worn, if any; and
4. Name, social security number, and job classification of the employee monitored and of all other employees whose exposure the measurement is intended to represent.
(C) The employer shall maintain this record for at least forty (40) years, or for the duration of employment plus twenty (20) years, whichever is longer.
(3) Medical Surveillance.
(A) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance as required by Section 5213(n).
(B) This record shall include:
1. A copy of the physician's written opinions;
2. Any employee medical complaints related to exposure to AN;
3. A copy of the information provided to the physician as required by Section 5213(n)(5); and
4. A copy of the employee's medical and work history.
(C) The employer shall assure that this record be maintained for at least forty (40) years, or for the duration of employment plus twenty (20) years, whichever is longer.
(4) Availability of Records.
(A) The employer shall make all records required to be maintained by this subsection available, upon request, to authorized representatives of the Chief and the Director for examination and copying.
(B) Records required by Sections 5213(q)(1)-(3) shall be provided upon request to employees, designated representatives, and authorized representatives of the Chief in accordance with Section 3204. Records required by Section 5213(q)(1) shall be provided a collective bargaining agent in the same manner as exposure monitoring records under Section 3204.
(5) Transfer of Records.
(A) Whenever the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by this subsection for the prescribed period.
(B) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, these records shall be transmitted to the Director.
(C) At the expiration of the retention period for the records required to be maintained pursuant to this section, the employer shall notify the Director at least 3 months prior to the disposal of the records, and shall transmit them to the Director upon request.
(D) The employer shall also comply with any additional requirements involving the transfer of records set forth in Section 3204.
(r) Observation of Monitoring. During any observation of monitoring by an affected employee or employees, or their representative, pursuant to Title 8, California Administrative Code, Section 340.1, the employer shall provide the observer with personal protective clothing or equipment required to be worn by employees working in the area, assure the use of such clothing and equipment, and require the observer to comply with all other applicable safety and health procedures.
(s) Appendices. The information contained in the appendices to this standard is not intended, by itself, to create any additional obligations not otherwise imposed by the standard or to detract from any such obligation.
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.
HISTORY 1. New section filed 5-15-79; effective thirtieth day thereafter (Register 79, No. 20). For history of former section which expired on its own terms on 3- 15-79, see Register 7, No. 40.
2. Amendment of subsection (q) and Appendix A (VI) filed 3-20-81; effective thirtieth day thereafter (Register 81, No. 12).
3. Amendment of subsections (b) and (h)(3) filed 5-29-81; effective thirtieth day thereafter (Register 81, No. 22).
4. Editorial correction of subsection (b) filed 3-3-83 (Register 83, No. 10). Section Numbers contained in this file are listed below. 5209 5210 5211 5212 5213
5. Change without regulatory effect amending definition of Chief in subsection (b) filed 3-4-92 pursuant to section 100, title 1, California Code ofRegulations (Register 92, No. 19).
6. Amendment of former subsections (h)(1)-(h)(3)(B) including subsection renumbering and relettering resulting in newly designated subsections (h)(1)- (h)(3), and amendment of appendix A, subsection IV. filed 8-25-98; operative 11-23-98 (Register 98, No. 35).
7. Editorial correction moving Note and Histories 1-6 from following Appendix D to preceding Appendix A (Register 99, No. 28).
8. Amendment of subsection (d), repealer of subsections (d)(1)-(3) and amendment of Note filed 7-6-99; operative 8-5-99 (Register 99, No. 28).
9. Amendment of subsection (h)(2)(A), repealer of subsections (h)(2)(B)-(B)2., amendment of subsection (h)(3) and new subsections (h)(3)(A)-(B) filed 3-6- 2007; operative 3-6-2007. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2007, No. 10).
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