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Subchapter 7. General Industry Safety Orders Group 16. Control of Hazardous
Substances Article 110. Regulated Carcinogens
§5214. Inorganic Arsenic.
(a) Scope and Application.
(1) This section establishes requirements for the control of employee exposure to inorganic arsenic.
(2) This section applies to the manufacture, reaction, release, packaging, repackaging, storage, handling, disposal or other use of inorganic arsenic except as otherwise provided by this subsection. This section applies to the transportation of inorganic arsenic except to the extent that the California Highway Patrol may regulate the hazards covered by this section.
(3) This section does not apply to the use of inorganic arsenic registered with the California Department of Food and Agriculture where such use occurs in:
(A) Pesticide application in agriculture, or
(B) Distribution, sale and use of ant control devices.
(4) This section applies to the manufacture and use of wood preservatives containing inorganic arsenic but does not apply to the utilization of arsenically preserved wood.
(5) This section does not apply to the utilization of electronic products or components which contain inorganic arsenic encapsulated or bound within the product in such a manner as to make unlikely the possibility of exposure to airborne inorganic arsenic.
(6) This section does not apply to the storage, transshipment, distribution, or sale of inorganic arsenic in intact, sealed containers except that the requirements for notification of use and incidents (Section 5214(d)), procedures for the effective cleanup of spills and leaks (Section 5214(j)), and signs and labels (Section 5214(l)) shall apply.
(7) The requirements of this section are subject to the provisions of the Occupational Carcinogens Control Act of 1976 (Labor Code, Division 5, Part 10).
Action level. An 8-hour time-weighted average concentration of 0.005 milligrams of inorganic arsenic per cubic meter of air (0.005 mg/m3, which is equal to 5 micrograms of inorganic arsenic per cubic meter of air, or 5 μg/m3).
Authorized person. Any employee or other person specifically authorized by the employer whose duties require access to a regulated area, including any employee or employee representative designated to observe the performance of monitoring and measuring procedures pursuant to Title 8, Section 340.1, California Administrative Code.
Chief. The Chief of the Division of Occupational Safety and Health, P.O. Box 420603, San Francisco, California 94142.
Director. The Director, National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee.
Incident. Any occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment resulting in the unexpected release of inorganic arsenic into an area where employees, unprotected by appropriate respirators, clothing or equipment in accordance with Sections 5214(h)(2)(A) or 5214(i), are exposed to concentrations in excess of 1.0 milligrams per cubic meter of air or are subjected to direct skin or eye contact with arsenic trichloride, tribromide, or trifluoride.
Inorganic arsenic. Elemental arsenic and all of its inorganic compounds, including copper acetoarsenite (Paris Green), with the exception of arsine. For the purposes and requirements of this section, any substance of a total inorganic arsenic content of 0.02 percent or less, by weight, is excluded from this definition.
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 or taste of a test agent is detectable by the respirator wearer while exposed to a test atmosphere.
Quantitative fit testing. A procedure using 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 fit factor) indicative of the degree of protection afforded the wearer by the respirator under the test conditions.
(c) Permissible Exposure Limit. During a work day, no employee shall be exposed to airborne inorganic arsenic in excess of an 8-hour time-weighted average concentration of 0.01 milligrams (as arsenic) per cubic meter of air.
(d) Registration of Use and Reporting of Incidents. See section 5203.
(e) Exposure Monitoring.
(A) A determination of the concentration of airborne inorganic arsenic to which each employee is exposed on an 8-hour time-weighted average basis shall be made from air samples that are representative of the employee's exposure without regard to the employee's use of respiratory protective equipment.
(B) The employer shall collect full shift (for at least 7 continuous hours) personal samples including at least one sample for each shift for each job classification in each work area.
(2) Initial Monitoring. Each employer who has a workplace or work operation covered by this standard shall monitor each such workplace and work operation to accurately determine the concentration of airborne inorganic arsenic to which employees may be exposed.
(A) If the determination conducted pursuant to Section 5214(e)(2) reveals an employee's exposure to be in excess of the permissible exposure limit, monitoring shall be repeated at least quarterly until two consecutive measurements, taken at least seven days apart, demonstrate that such employee's exposure no longer exceeds the permissible limit.
(B) Whenever an employee's exposure is demonstrated to be at the permissible exposure limit, or below the permissible exposure limit but at or above the action level, pursuant to determinations conducted in conformance with Section 5214(e)(2) or (e)(3)(A), monitoring of the employee's exposure shall be repeated at 6-month intervals, as a minimum, thereafter. Such measurements shall be continued until two consecutive determinations, taken at least seven days apart, are below the action level and thereafter monitoring may be discontinued except as required by Section 5214(e)(4).
(C) Whenever an employee's exposure is demonstrated to be below the action level upon initial monitoring, by at least two consecutive determinations, taken at least seven days apart in accordance with Section 5214(e)(2), no further monitoring is required except as required by Section 5214(e)(4).
(4) Additional Monitoring. Whenever there has been a personnel, production, process, control, or other change which may result in new or increased exposure to inorganic arsenic, additional monitoring which complies with this subsection shall be conducted for all potentially affected employees within 30 days of any such change.
(5) Employee Notification.
(A) Within five working days from the receipt of monitoring results, each employee shall be notified in writing of the results which represent that employee's exposure.
(B) Whenever the monitoring results representative of an employee's exposure indicate that the employee's exposure was in excess of the permissible limit, the written notice shall include a statement that the permissible limit was exceeded and shall include a description of the corrective action being taken to reduce the employee's exposure to or below the permissible exposure limit.
(6) Accuracy of Measurement.
(A) A method of monitoring and measurement shall be used which has an accuracy (with a confidence level of 95 percent) to within plus or minus 25 percent for concentrations of airborne inorganic arsenic, as arsenic, equal to or greater than the time-weighted average permissible exposure limit.
(B) The employer shall use a method of monitoring and measurement which has an accuracy (with a confidence level of 95 percent) of not less than plus or minus 35 percent for concentrations of airborne inorganic arsenic greater than 0.005 milligrams per cubic meter of air but less than 0.01 milligrams per cubic meter of air.
(f) Regulated Areas.
(1) Regulated areas shall be established where employee exposures to airborne inorganic arsenic, without regard to the use of respirators, are in excess of the permissible exposure limit.
(2) Regulated areas shall be demarcated and segregated from the rest of the workplace in any manner that minimizes the number of persons potentially exposed to inorganic arsenic. The posting of regulated areas shall be in conformance with Section 5214(1)(2)(A) of this standard.
(3) Access to regulated areas shall be restricted to authorized persons or to other persons authorized under the provisions of Labor Code Section 6314(a).
(4) All persons entering a regulated area shall be provided with a respirator selected in accordance with Section 5214(h).
(A) Employee exposure to airborne inorganic arsenic shall be controlled at or below the permissible limit solely by means of engineering and work practice controls except to the extent that such controls are not feasible. Where engineering and work practice controls are not sufficient to reduce exposure to or below the permissible exposure limit, they shall nonetheless be used to reduce exposures to the lowest levels achievable by such controls.
(B) Whenever engineering and work practice controls which can be instituted in accordance with Section 5214(g)(1)(A) do not reduce and maintain employee exposures to or below the permissible limit, respiratory protective equipment, in conformance with Section 5214(h), shall be utilized to effectively control exposures within the permissible limit.
NOTE: Employee rotation or other administrative controls are not required before respiratory protection is instituted. Employee rotation or other administrative controls are not required before respiratory protection is instituted.
(C) Employee protection against exposure to eye or skin contact with inorganic arsenic shall be provided by engineering and work practice controls and, in accordance with Section 5214(i), by personal protective clothing and equipment.
(2) Written Program.
(A) The employer shall establish and implement a written program to limit exposure to or below the permissible exposure limit by means of engineering and work practice controls.
(B) Written plans for these compliance programs shall include at least the following:
1. A description of each operation in which inorganic arsenic is emitted; e.g. machinery used, material processed, controls in place, crew size, operating procedures and maintenance practices;
2. Engineering plans and studies used to determine methods selected for controlling exposure to inorganic arsenic;
3. A report of the technology considered in meeting the permissible exposure limit;
4. Monitoring data;
5. A detailed schedule for implementation of the engineering controls and work practices that cannot be implemented immediately and for the adaptation and implementation of any additional engineering and work practices necessary to meet the permissible exposure limit; and
6. Other relevant information.
(C) The plan required by this paragraph shall be revised and updated at least every six months to reflect the current status of the program.
(D) Written plans required by this paragraph shall be submitted to the Chief upon the request of authorized representatives of the Division of Occupational Safety and Health and shall be available at the workplace for examination and copying by such authorized representatives or by any affected employee or employee representative.
(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 or work practice controls;
(B) Work operations in which the employer establishes that engineering and work practice controls are not feasible;
(C) Work operations for which engineering controls and supplemental work practice controls are not yet sufficient to reduce exposures to or below the permissible exposure limit;
(2) Respirator program.
(A) The employer must implement a respiratory protection program in accordance with section 5144(b) (except (d)(1)(C)) through (m).
(B) If an employee exhibits breathing difficulty during fit testing or respirator use, they must be examined by a physician trained in pulmonary medicine to determine whether they can use a respirator while performing the required duty.
(3) Respirator Selection.
(A) The employer shall select, and provide to employees, the appropriate respirators specified in Section 5144(d)(3)(A)1.
(B) Where employee exposures exceed the permissible exposure limit for inorganic arsenic and also exceed the relevant limit for particular gases, such as sulfur dioxide, any air purifying respirator supplied to the employee as permitted by this standard must have a combination high efficiency filter with an appropriate gas sorbent.
(C) The employer shall provide a powered, air purifying respirator in lieu of the respirator specified in Section 5214(h)(3)(A) whenever:
1. An employee chooses to use this type of respirator; and
2. This respirator will provide adequate protection to the employee.
(D) Employers shall ensure that employees do not use half mask respirators for protection against arsenic trichloride because it is absorbed rapidly through the skin.
(E) Employers shall provide HEPA filters for powered and non-powered air-purifying respirators.
(F) The employer shall select and provide one of the following respirators for protection against arsenic trichloride (and all compounds with significant vapor pressure) concentrations not greater than 0.5 milligrams per cubic meter;
1. Gas mask, front or back mounted, equipped with high efficiency filter, acid gas canister, and full facepiece;
2. Any supplied-air respirator with full facepiece;
3. Any self-contained breathing apparatus with full facepiece.
(i) Protective Clothing and Equipment.
(1) Provision and Use. Where the possibility of skin or eye irritation from inorganic arsenic exists and for all workers working in regulated areas, the employer shall provide at no cost to the employee, and require that employees use appropriate and clean protective work clothing and equipment such as, but not limited to:
(A) Coveralls or similar full-body work clothing;
(B) Gloves, and shoes or shoe coverlets;
(C) Eye protection, when necessary to prevent eye irritation, which complies with the requirements of Article 10; and
(D) Impervious clothing for employees subject to exposure to arsenic trichloride.
(2) Cleaning and Replacement.
(A) Protective clothing and equipment shall be cleaned, laundered, repaired, replaced, or disposed of in a manner which complies with all applicable provisions of this Order.
(B) Any person not under the control of the employer to whom inorganic arsenic-contaminated clothing and equipment is consigned for cleaning, laundering, disposal or other purpose shall be informed in writing by the employer of the provisions of this Order and of the potentially harmful effects, including carcinogenic effects, of exposure to inorganic arsenic.
(C) The employer shall provide the protective clothing required in Section 5214(i)(1), in a freshly laundered and dry condition at least weekly, and daily if the employee works in areas where exposures are over 0.1 milligrams of inorganic arsenic per cubic meter of air or in areas where more frequent laundering is needed to prevent skin irritation.
(D) The employer shall repair or replace the protective clothing and equipment as needed to maintain their effectiveness.
(E) The employer shall require that protective clothing and equipment be removed in change rooms provided in accordance with Section 5214(k)(3) and always at the end of the working day except under conditions which would place the employee at greater risk such as during an emergency situation.
(F) Labels on contaminated protective clothing and equipment.
1. The employer shall ensure that the containers of contaminated protective clothing and equipment in the workplace or which are to be removed from the workplace are labeled and that the labels include the following information:
DANGER: CONTAMINATED WITH INORGANIC ARSENIC. MAY CAUSE CANCER.
DO NOT REMOVE DUST BY BLOWING OR SHAKING.
DISPOSE OF INORGANIC ARSENIC CONTAMINATED WASH WATER IN ACCORDANCE WITH APPLICABLE LOCAL, STATE OR FEDERAL REGULATIONS.
2. Prior to June 1, 2015, employers may include the following information on containers of protective clothing and equipment in lieu of the labeling requirements in subsection (i)(2)(F) of this section:
CAUTION: Clothing contaminated with inorganic arsenic; do not remove dust by blowing or shaking. Dispose of inorganic arsenic contaminated wash water in accordance with applicable local, State or Federal regulations.
(G) Where inorganic arsenic compounds with significant vapor pressure such as arsenic trichloride are used, the employer shall develop a procedure prescribing appropriate emergency action for the removal and disposition of contaminated protective clothing and/or equipment.
(H) The employer shall prohibit the removal of inorganic arsenic from protective clothing or equipment by shaking or by the use of compressed air or other gases.
(1) Procedures shall be established and implemented for the prompt and effective cleanup of inorganic arsenic spills and leaks and for the maintenance of all accessible working surfaces such as floors, bench tops, and hand rails as free as practicable of accumulations of inorganic arsenic. Methods used shall minimize the reentry of inorganic arsenic into the workplace.
(2) Floors and other accessible surfaces contaminated with inorganic arsenic may not be cleaned by the use of compressed air, and shoveling and brushing may be used only where vacuuming or other relevant methods have been tried and found not to be effective.
(3) Where cleaning is performed by vacuuming methods, a high efficiency internal filter (99.97 percent efficiency against 0.3 micrometer monodisperse di(2-ethylhexyl)phthalate (DOP)particles) or other appropriate means shall be utilized for removal of inorganic arsenic from all air exhausted by the vacuum system or device.
(4) Where a portable vacuum cleaning device is utilized, it shall be labeled in accordance with Section 5214(l)(3).
(5) A written housekeeping and maintenance plan shall be kept which shall list appropriate frequencies for carrying out housekeeping operations, and for cleaning and maintaining ventilation and dust collection equipment. The plan shall be available for inspection by authorized representatives of the Chief.
(6) Periodic cleaning of dust collection and ventilation equipment and checks of their effectiveness shall be carried out to maintain the effectiveness of the system. Design, construction, operation, maintenance, testing, and record keeping for ventilation and dust collection systems shall comply with section 5143.
(7) Inorganic arsenic waste, scrap, debris, bags, containers, or equipment shall be disposed of in sealed and labeled bags or other closed and labeled containers which prevent dispersion of inorganic arsenic outside the container.
(k) Hygiene Facilities and Practices.
(1) Employees who work in a regulated area or who are otherwise subject to possible direct contact with inorganic arsenic shall be required to routinely exercise the following practices.
(A) To wash their hands and face before eating.
(B) To shower at the completion of the work shift and always before changing into street clothes.
(2) The storage and consumption of food or beverages; the storage, smoking, or chewing of tobacco products or other products for smoking or chewing; and the storage and application of cosmetics are prohibited in regulated areas. Drinking fountains are permitted in regulated areas.
(3) Change rooms and shower facilities shall be provided for the use of employees working in a regulated area or who are otherwise required to shower or use personal protective clothing and equipment in accordance with this Order.
(A) Change rooms shall conform with Section 3367.
(B) Shower facilities shall conform with Section 3366(f).
(4) The employer shall provide for employees working in regulated areas, lunchroom facilities which have a temperature controlled, positive pressure, filtered air supply, and which are readily accessible to employees working in regulated areas.
(5) The employer shall provide facilities for employees working in areas where exposure, without regard to the use of respirators, exceeds 0.1 milligrams of inorganic arsenic per cubic meter of air to vacuum their protective clothing and clean or change shoes worn in such areas before entering change rooms, lunchrooms or shower rooms required by this subsection and shall assure that employees use such facilities.
EXCEPTION: Workplaces where inorganic arsenic is restricted to compounds with significant vapor pressure such as arsenic trichloride.
(6) The employer shall assure that no employee is exposed to skin or eye contact with arsenic trichloride, or to skin or eye contact with liquid or particulate inorganic arsenic which is likely to cause skin or eye irritation.
(l) Communication of Hazards.
(1) Hazard Communication - General.
(A) Chemical manufacturers, importers, distributors and employers shall comply with all requirements of the Hazard Communication Standard (HCS) (Section 5194) for inorganic arsenic.
(B) In classifying the hazards of inorganic arsenic at least the following hazards are to be addressed: Cancer; liver effects; skin effects; respiratory irritation; nervous system effects; and acute toxicity effects.
(C) Employers shall include inorganic arsenic in the hazard communication program established to comply with the HCS (Section 5194). Employers shall ensure that each employee has access to labels on containers of inorganic arsenic and to safety data sheets, and is trained in accordance with the requirements of HCS and subsection (m) of this section.
(D) The employer shall ensure that no statement appears on or near any sign or label required by this subsection (l) which contradicts or detracts from the meaning of the required sign or label.
(A) The employer shall post signs demarcating regulated areas bearing the legend:
DO NOT EAT, DRINK OR SMOKE
WEAR RESPIRATORY PROTECTION IN THIS AREA
AUTHORIZED PERSONNEL ONLY
(B) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in subsection (p)(2)(A) of this section:
AUTHORIZED PERSONNEL ONLY
NO SMOKING OR EATING RESPIRATOR REQUIRED
(C) The employer shall assure that signs required by this section are illuminated and cleaned as necessary so that the legend is readily visible.
(3)(A) Prior to June 1, 2015, in lieu of the labeling requirements in subsection (l)(1)(A) of this section, employers may apply precautionary labels to all shipping and storage containers of inorganic arsenic, and to all products containing inorganic arsenic, bearing the following legend:
CONTAINS INORGANIC ARSENIC
HARMFUL IF INHALED OR SWALLOWED
USE ONLY WITH ADEQUATE VENTILATION
OR RESPIRATORY PROTECTION
(B) Labels are not required when the inorganic arsenic in the product is bound in such a manner so as to make unlikely the possibility of airborne exposure to inorganic arsenic. (Possible examples of products not requiring labels are semiconductors, light emitting diodes and glass.)
(m) Employee Information and Training.
(1) Training Program. A training program shall be instituted for all employees who may be exposed to inorganic arsenic above the action level without regard to respirator use or for whom there is the possibility of skin or eye irritation from inorganic arsenic. The employer shall require that those employees participate in the training program.
(A) The training program shall be provided at the time of an employee's initial assignment and at least annually thereafter.
(B) The program shall include, as a minimum, the following information, instruction, and training in language which all affected employees can understand:
1. The information contained in Appendix A;
2. The quantity, location, manner of use, storage, sources of exposure, and the specific nature of operations which could result in exposure to inorganic arsenic as well as any necessary protective steps;
3. Work and hygienic practices to be followed to preclude exposure to inorganic arsenic;
4. The purpose, proper use, and limitations of respiratory protective equipment and protective clothing and equipment;
5. The purpose and a description of the medical surveillance program as required by Section 5214(n);
6. The engineering controls and work practices associated with the employee's job assignment; and
7. A review of this standard.
(2) Access to Training Materials.
(A) A copy of this standard and its appendices shall be made readily available to all affected employees.
(B) The employer shall provide, upon request, all materials relating to the employee information and training program to authorized representatives of the Chief.
(n) Medical Surveillance.
(A) The employer shall institute a medical surveillance program for the following employees:
1. All employees who are or will be exposed above the action level, without regard to the use of respirators, at least 30 days per year; and
2. All employees who have been exposed above the action level, without regard to respirator use, for 30 days or more per year for a total of 10 years or more of combined employment with the employer or predecessor employers prior to or after the effective date of this standard. The determination of exposures prior to the effective date of this standard shall be based upon prior exposure records, comparison with the first measurements taken after the effective date of this standard, or comparison with records of exposures in areas with similar processes, extent of engineering controls utilized and materials used by that employer.
(B) The employer shall obtain the services of a licensed physician familiar with the occupational hazards of inorganic arsenic to perform or supervise all medical examinations and procedures required by this subsection.
(C) The employer shall provide all medical examinations and procedures without cost to the employee, without loss of pay and at a reasonable time and place.
(2) Initial Examinations. At the time of initial assignment to an area where the employee is likely to be exposed over the action level at least 30 days per year, the employer shall provide each affected employee an opportunity for a medical examination, including at least the following elements:
(A) A work and comprehensive medical history, including smoking history;
(B) A physical examination with special attention to skin, nose, respiratory tract, lymph nodes, nervous system, and liver;
(C) Posterior-anterior chest X-ray (14-inch x 17-inch);
(D) A sputum cytology examination and
(E) Other examinations which the physician believes appropriate because of the employee's exposure to inorganic arsenic or because of required respirator use.
(3) Periodic Examinations.
(A) The employer shall provide each affected employee under 45 years of age with fewer than 10 years of exposure over the action level, without regard to respirator use, an opportunity for an annual medical examination, including the following elements:
1. Interim work and medical history, including smoking history;
2. Interim physical examination; and
3. Other examinations which the physician believes appropriate because of the employee's exposure to inorganic arsenic or because of required respirator use.
(B) The employer shall provide each affected employee either 45 years of age or older or with 10 or more years of exposure over the action level, without regard to respirator use, with an opportunity for a semi-annual medical examination, including a sputum cytology examination in addition to the elements prescribed by Section 5214(n)(3)(A).
(C) Whenever an affected employee has not taken the applicable medical examination prescribed by Section 5214(n)(3)(A) or (n)(3)(B) within six (6) months preceding the termination of employment, the employer shall provide an opportunity for such examination upon termination of employment.
(4) Additional Examinations. Whenever signs or symptoms of health problems arise which the employee believes to be related to occupational exposure to inorganic arsenic, the employer shall provide the employee an opportunity for medical consultation from the physician.
(5) Physician's Written Report.
(A) The employer shall obtain from the physician a written report interpreting the results, insofar as they concern occupational hazards, of each medical examination and providing recommendations, if appropriate, of action to be taken by the employer for the protection of the employee's health.
(B) The employer shall instruct the physician not to reveal in the written opinion specific findings or diagnoses unrelated to occupational exposure.
(C) The physician's written report shall include 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 explanation or treatment.
(D) The employer shall provide a copy of the physician's written report to the affected employee.
(6) Information Provided to the Physician. The employer shall make the following information available to the physician prior to the conduct of any medical examination required by this subsection.
(A) A copy of this standard and its appendices.
(B) A description of the employee's duties as they relate to exposure to inorganic arsenic.
(C) For candidates for employment or new employees, a statement of the anticipated or estimated 8-hour, time-weighted average concentration of airborne inorganic arsenic which the employee will experience.
(D) For currently employed workers, a statement of the employee's representative level of exposure to airborne inorganic arsenic, as determined in accordance with Section 5214(e), resulting from usual and/or periodic work assignment and a statement of the employee's length of service in operations subject to known or probable exposure to inorganic arsenic.
(E) A description of respiratory protective equipment and other protective equipment and clothing used or anticipated to be used by the employee and a statement of the conditions and prevalence of such usage.
(F) Information from previous medical examinations of the affected employe which is not readily available to the examining physician.
(G) Any other information related to the employee's work involving inorganic arsenic which the employer may consider pertinent to the medical examination.
(1) Exposure Monitoring. The employer shall establish and maintain a record of all monitoring required by Section 5214(e).
(A) This record shall include:
1. The dates, number, duration, location, 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 evidence of their accuracy;
3. The type of respiratory protective devices worn, if any;
4. Name, social security number, and job classification of employee(s) monitored and of all other employees whose exposure the measurement is intended to represent; and
5. The environmental variables that could affect the measurement of the employees exposure.
(B) The employer shall maintain these monitoring records for at least 40 years or for the duration of employment plus 20 years, whichever is longer.
(2) Physician's Written Reports.
(A) The employer shall establish and maintain an accurate record of the physician's written reports obtained in accordance with Section 5214(n)(5) for each affected employee. The record shall include the name and social security number of the employee and the following:
1. Results of any exposure monitoring done for that employee and the representative exposure levels supplied to the physician; and
2. Any employee medical complaints related to exposure to inorganic arsenic.
(B) This record shall be maintained for at least 40 years or for the duration of employment plus 20 years, whichever is longer.
(3) Medical Records.
(A) The employer shall keep, or assure that the examining physician keeps, the following medical records:
1. A copy of the medical examination results including medical and work history required under Section 5214(n);
2. A description of the laboratory procedures and a copy of any standards or guidelines used to interpret the test results or references to that information;
3. The initial X-ray and any subsequent X-rays;
4. The initial cytologic examination slide and written description;
5. The cytologic examination slide and written description for the most recent 5 years; and
6. Any cytologic examination slides with demonstrated atypia, if such atypia persists for 3 years, and all subsequent slides and written descriptions.
(B) The employer shall maintain or assure that the physician maintains those medical records for at least 40 years or for the duration of employment plus 20 years, whichever is longer.
(A) The employer shall make available upon request all records required to be maintained by this section to authorized representatives of the Chief and the Director for examination and copying.
(B) Records required by this section shall be provided upon request to employees, designated representatives, and authorized representatives of the Chief in accordance with Section 3204.
(5) Transfer of Recordkeeping.
(A) Whenever an employer ceases to do business, all applicable records maintained under the requirements of this section shall be transferred to the successor employer for their continued maintenance.
(B) If an employer ceases to do business and there is no successor employer, the record(s) shall be transmitted to the Director.
(C) At the expiration of the retention period for the records required to be maintained by this section, the employer shall notify the Director at least 3 months prior to the disposal of such records and shall transmit those records to the Director if he requests them within that period.
(D) The employer shall also comply with any additional requirements involving the transfer of records set forth in Section 3204.
(p) Observation of Monitoring.
(1) Employee observation. The employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to inorganic arsenic conducted pursuant to Section 5214(e).
(2) Observation procedures.
(A) Whenever observation of the monitoring of employee exposure to inorganic arsenic requires entry into an area where the use of respirators, protective clothing, or equipment is required, the employer shall provide the observers with and assure the use of such respirators, clothing, and such equipment, and shall require the observers to comply with all other applicable safety and health procedures.
(B) Without interfering with the monitoring, observers shall be entitled to:
(1) Receive an explanation of the measurement procedures;
(2) Observe all steps related to the monitoring of inorganic arsenic performed at the place of exposure; and
(3) Record the results obtained or receive copies of the results when returned by the laboratory.
(q) 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.
1. Renumbering of Section 5214 to Section 5185 filed 5-3-78 as procedural and organizational; effective upon filing (Register 78, No. 18). For history of former Section 5214, see Register 77, No. 41.
2. New section filed 3-19-79; effective thirtieth day thereafter (Register 79, No. 12).
3. Amendment of subsection (a)(3) filed 9-15-80; effective thirtieth day thereafter (Register 80, No. 38).
4. Amendment of subsection (o) and Appendix A (VIII) filed 3-20-81; effective thirtieth day thereafter (Register 81, No. 12).
5. Amendment of subsections (a)(6), (a)(7), (b), (d)(1)(C), (e)(2), (h) and (n)(5)(A) filed 5-29-81; effective thirtieth day thereafter (Register 81, No. 22).
6. Editorial correction of subsection (b) filed 3-3-83 (Register 83, No. 10).
7. Amendment filed 10-29-87; operative 11-28-87 (Register 87, No. 44).
8. Change without regulatory effect amending definition of Chief in subsection (b) filed 3-4-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 19).
9. Amendment of subsections (l)(2)(B)-(C) filed 2-5-97; operative 3-7-97 (Register 97, No. 6).
10. Amendment of former subsections (h)(1)-(h)(3)(C)2. including subsection renumbering and relettering resulting in newly designated subsections (h)(1)-(h)(3)(C)2. filed 8-25-98; operative 11-23-98 (Register 98, No. 35).
11. Editorial correction moving Note and Histories 1-10 from following Appendix C to preceding Appendix A (Register 99, No. 28).
12. 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).
13. Amendment of subsections (h)(3)(A), (i)(1)(C) and (j)(5)-(6) and amendment of section III. of Appendix A filed 5-27-2003; operative 6-26-2003 (Register 2003, No. 22).
14. Amendment of subsection (h)(2)(A) filed 7-31-2003; operative 8-30-2003 (Register 2003, No. 31).
15. Editorial correction amending subsection (b) (Register 2004, No. 10).
16. Amendment of subsection (h)(3)(A) and new subsections (h)(3)(D)-(h)(3)(F)3. 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).
17. Repealer and new subsection (i)(2)(F), new subsections (i)(2)(F)1.-2. and amendment of subsection (l) and subsections therein filed 5-6-2013; operative 5-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4)(Register 2013, No. 19).
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