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Subchapter 7. General Industry Safety Orders Group 16. Control of Hazardous Substances Article 110. Regulated Carcinogens

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§5211. Coke Oven Emissions.

(a) Scope and Application. This section establishes work practices, engineering methods, and other requirements for the control of employee exposure to coke oven emissions during the production of coke from coal.

The requirements of this section are subject to the provisions of the Occupational Carcinogens Control Act of 1976 (Chapter 2 Division 20 Health and Safety Code).

(b) Definitions.

(1) Authorized Person.

Any employee or other person, specifically authorized by the employer, whose duties require access to a regulated area, including any employee representative designated to observe the performance of monitoring and measuring procedures pursuant to subsection (w).

(2) Beehive Oven. A coke oven in which the products of carbonization other than coke are not recovered but are released into the ambient air.

(3) Coke Oven. A retort in which coke is produced by the destructive distillation or carbonization of coal.

(4) Coke Oven Battery. A structure containing a number of slot-type coke ovens.

(5) Coke Oven Emissions. The benzene-soluble fraction of total particulate matter present during the destructive distillation or carbonization or coal for the production of coke.

(6) Emergency. Any occurrence such as, but not limited to, equipment failure which is likely to, or does, result in any massive release of coke oven emissions.

(7) Existing Coke Oven Battery. A battery in operation or under construction on the effective date of this section and which is not a rehabilitated coke oven battery.

(8) Rehabilitated Coke Oven Battery. A battery which is rebuilt, overhauled, renovated, or restored, such as from the pad up, after the effective date of this section.

(9) Stage Charging. A procedure by which a predetermined volume of coal in each larry car hopper is introduced into an oven such that no more than two hoppers are discharging simultaneously.

(10) Sequential Charging. A procedure, usually automatically timed, by which a predetermined volume of coal in each larry car hopper is introduced into an oven such that no more than two hoppers commence or finish discharging simultaneously although, at some point, all hoppers are discharging simultaneously.

(11) Pipeline Charging. Any procedure for the introduction of coal into an oven which uses a pipe or duct permanently mounted onto an oven and through which coal is charged.

(12) Green Push. Coke which when removed from the oven results in emissions due to the presence of unvolatilized coal.

(c) Permissible Exposure Limit. The employer shall assure that no employee is exposed to coke oven emissions at concentrations greater than 0.15 milligrams per cubic meter of air, averaged over any 8-hour period.

(d) Regulated Areas. Regulated areas, to which access shall be restricted to authorized persons, shall be established for the following areas:

(1) The coke oven battery including topside and its machinery, pushside and its machinery, coke side and its machinery, and the battery ends; the wharf; and the screening station.

(2) The beehive oven and its machinery.

(e) Monitoring. Each employer who has a place of employment where coke oven emissions are present shall monitor employees employed in the regulated area in accordance with this subsection.

(1) Measurements.

(A) The employer shall obtain measurements which are representative of each employee's exposure to coke oven emissions, as an 8-hour, time-weighted average concentration, without regard to the employee's use of respiratory protective equipment.

(B) The employer shall collect personal samples including at least one sample during each shift for each battery and each job classification within the regulated areas. Whenever normal assignments of employees in a particular job classification involve more than one battery, the employer shall collect representative personal samples which are proportionate in number to the number of batteries on which work is performed in such job classification.

NOTE: The job classifications referred to above include but are not limited to the following:

1. Lid tender

2. Spray tender

3. Larry car operator

4. Luter tender

5. Door machine operator

6. Door cleaner, coke side

7. Door cleaner, pusher side

8. Heater

9. Heater helper

10. Quenching car operator

11. Pusher operator

12. Lead pusher

13. Conveyor attendant

14. Wharf tender

15. First patcher

16. First oven door repair hand

17. Patcher

18. Oven door repair hand helper

19. Patcher helper

20. Spell hand

21. Nozzle cleaner

22. Oven labor

23. Heating labor

24. Maintenance personnel

25. Oven door repair hand

(C) The determination of each employee's exposure to coke oven emissions, as conducted in accordance with paragraph (e)(1), shall be repeated at least every three months.

(2) Redetermination. Whenever there has been a production, process, or control change which may result in new or additional exposure to coke oven emissions, or whenever the employer has any other reason to suspect an increase in employee exposure, the employer shall repeat the monitoring and measurements required by paragraph (e)(1) for those employees affected by such change or increase.

(3) Employee Notification.

(A) The employer shall notify the employee monitored of his exposure measurements and post representative levels for all other employees within five working days after the receipt of the results of measurements required by paragraph (e)(1) or (e)(2).

(B) Whenever such results indicate that the representative employee exposure exceeds the permissible exposure limit, the employer shall, in such notification, inform each employee of that fact and of the corrective action being taken to reduce exposure to, or below, the permissible exposure limit.

(4) Accuracy of Measurement. The employer shall use a method of monitoring and measurement which has an accuracy (with a confidence level of 95%) of not less than plus or minus 35% for concentrations of coke oven emissions greater than, or equal to, 0.15 milligrams per cubic meter of air.

(f) Methods of Compliance.

(1) Existing Coke Oven Batteries.

(A) The employer shall institute the generally applicable, but minimum, engineering and work practice controls prescribed by subsections (g) through (m) in existing coke oven batteries at the earliest possible time, but not later than January 20, 1980, except to the extent that the employer can establish that such controls are not feasible.

NOTE: In determining the earliest possible time for the institution of engineering and work practice controls, the requirement, effective August 27, 1971, to implement feasible administrative or engineering controls to reduce exposures to coal tar pitch volatiles shall be considered.

(B) If, after implementing all controls required by subsections (g) through (m), or after January 20, 1980, whichever is sooner, employee exposures still exceed the permissible exposure limit, the employer shall implement any other engineering controls necessary to reduce exposures to, or below, the permissible limit.

(C) Whenever the engineering and work practice controls which can be instituted, in accordance with the provisions of subparagraphs (f)(1)(A) or (f)(1)(B), are not sufficient to reduce employee exposures to, or below, the permissible exposure limit, the employer shall nonetheless use them to reduce exposures to the lowest level achievable by these controls and shall supplement them by the use of respiratory protection which complies with the requirements of subsection (p).

(2) New or Rehabilitated Coke Oven Batteries.

(A) The employer shall institute the best available engineering and work practice controls on all new or rehabilitated coke oven batteries to reduce and maintain employee exposures at, or below, the permissible exposure limit except to the extent that the employer can establish that such controls are not feasible.

(B) If, after implementing all the engineering and work practice controls required by subparagraph (f)(2)(A), employee exposures still exceed the permissible limit, the employer shall implement any other engineering and work practice controls necessary to reduce exposure to, or below, the permissible limit except to the extent that the employer can establish that such controls are not feasible.

(C) Wherever the engineering and work practice controls which can be instituted in accordance with subparagraph (f)(2)(A) or (f)(2)(B) are not sufficient to reduce employee exposures to or below the permissible exposure limit, the employer shall nonetheless use them to reduce exposures to the lowest level achievable by these controls and shall supplement them by the use of respiratory protection which complies with the requirements of subsection (p).

(3) Beehive Ovens.

(A) The employer shall institute engineering and work practice controls on all beehive ovens at the earliest possible time to reduce and maintain employee exposures at, or below, the permissible exposure limit except to the extent that the employer can establish that such controls are not feasible.

NOTE: In determining the earliest possible time for the institution of engineering and work practice controls, the requirement, effective August 27, 1971, to implement feasible administrative or engineering controls to reduce exposures to coal tar pitch volatiles, shall be considered.

(B) If, after implementing all the engineering and work practice controls required by subparagraph (f)(3)(A), employee exposures still exceed the permissible limit, the employer shall implement any other engineering and work practice controls necessary to reduce exposure to, or below, the permissible limit except to the extent that the employer can establish that such controls are not feasible.

(C) Wherever the engineering and work practice controls which can be instituted in accordance with subparagraph (f)(3)(A) or (f)(3)(B) are not sufficient to reduce employee exposures to or below the permissible exposure limit, the employer shall nonetheless use them to reduce exposures to the lowest level achievable by these controls and shall supplement them by the use of respiratory protection which complies with the requirements of subsection (p).

(g) Engineering Controls During Charging. The employer shall equip and operate existing coke oven batteries with all of the engineering controls specified by this subsection to control emissions during charging operations.

(1) One of the following methods of charging:

(A) Stage charging as described in paragraph (i)(2).

(B) Sequential charging as described in paragraph (i)(2), except that subparagraph (i)(2)(C)2, does not apply to sequential charging.

(C) Pipeline charging or other forms of enclosed charging in accordance with this subsection except that paragraphs (2), (4), (5), (6), and (8) do not apply.

(2) Drafting from two or more points in the oven being charged, through the use of double collector mains, or a fixed or moveable jumper pipe system to another oven, to effectively remove the gases from the oven to the collector mains.

(3) Aspiration systems designed and operated to provide sufficient negative pressure and flow volume to effectively move the gases evolved during charging into the collector mains, including sufficient steam pressure, and steam jets of sufficient diameter.

(4) Mechanical volumetric controls on each larry car hopper to provide the proper amount of coal to be charged through each charging hole so that the tunnel head will be sufficient to permit the gases to move from the oven into the collector mains.

(5) Devices to facilitate the rapid and continuous flow of coal into the oven being charged, such as stainless steel liners, coal vibrators or pneumatic shells.

(6) Individually operated larry car drop sleeves and slide gates designed and maintained so that the gases are effectively removed from the oven into the collector mains.

(7) Mechanized gooseneck and standpipe cleaners.

(8) Air seals on the pusher machine leveler bars to control air infiltration during charging.

(9) Roof carbon cutters or a compressed air system, or both, on the pusher machine rams to remove roof carbon.

(h) Engineering Controls During Coking. The employer shall equip and operate existing coke oven batteries with all of the engineering controls specified by this subsection to control emissions during coking.

(1) A pressure control system on each battery to obtain uniform collector main pressure.

(2) Ready access to door repair facilities capable of prompt and efficient repair of doors, door sealing edges, and all door parts.

(3) An adequate number of spare doors available for replacement purposes.

(4) Chuck door gaskets to control chuck door emissions until such door is repaired or replaced.

(5) Heat shields on door machines.

(i) Work Practice Controls During Charging. The employer shall operate existing coke oven batteries with all of the following work practices to control emissions during charging:

(1) Establishment and implementation of a detailed, written inspection and cleaning procedure for each battery which shall include, as a minimum, provision for the following:

(A) Prompt and effective repair or replacement of all engineering controls.

(B) Inspection and cleaning of goosenecks and standpipes, prior to each charge, to a specified minimum diameter sufficient to effectively move the evolved gases from the oven to the collector mains.

(C) Inspection for roof carbon build-up prior to each charge and removal of roof carbon as necessary to provide an adequate gas channel so that the gases are effectively moved from the oven into the collector mains.

(D) Inspection of the steam aspiration system prior to each charge so that sufficient pressure and volume is maintained to effectively move the gases from the oven to the collector mains.

(E) Inspection of steam nozzles and liquor sprays prior to each charge and cleaning as necessary so that the steam nozzles and liquor sprays are clean.

(F) Inspection of standpipe caps prior to each charge and cleaning and luting or both as necessary so that the gases are effectively moved from the oven to the collector mains.

(G) Inspection of charging holes and lids for cracks, warpage and other defects prior to each charge and removal of carbon to prevent emissions, and application of luting material to standpipe and charging hole lids where necessary to obtain a proper seal.

(2) Establishment and implementation of a detailed, written charging procedure, designed and operated to eliminate emissions during charging for each battery, which shall include, as a minimum, the following elements:

(A) Larry car hoppers filled with coal to a predetermined level in accordance with the mechanical volumetric controls required under paragraph (g)(4) so as to maintain a sufficient gas passage in the oven to be charged.

(B) The larry car aligned over the oven to be charged such that the drop sleeves fit tightly over the charging holes.

(C) Actual charging of the oven performed following the sequence and under the conditions prescribed by this subparagraph.

1. The aspiration system in operation.

2. Coal charged from the outermost hoppers, either individually or simultaneously, depending upon the capacity of the aspiration system to collect the evolved gases, and following charging, each charging hole immediately relidded or otherwise sealed off to prevent the leakage of coke oven emissions.

3. Additional hoppers discharged individually and each relidded or otherwise sealed off to prevent leakage of coke oven emissions before proceeding.

4. The final hopper discharged until the gas channel at the top of the oven is blocked and then the chuck door opened and the coal leveled.

5. When the coal from the final hopper is discharged and the leveling operation is completed, the charging hole relidded or otherwise sealed off to prevent leakage of coke oven emissions.

6. The aspiration system turned off only after the charging holes have been closed.

(3) Establishment and implementation of a detailed, written procedure, designed and operated to eliminate emissions during charging, of each pipeline or enclosed charged battery.

(j) Work Practice Controls During Coking. The employer shall operate existing coke oven batteries pursuant to a detailed, written procedure established and implemented for the control of coke oven emissions during coking which shall be based on at least the following work practices:

(1) Checking oven back pressure controls to maintain uniform pressure conditions in the collecting main.

(2) Repair, replacement, maintenance and adjustment of oven doors, chuck doors, and door jacks and replacement of door jambs so as to provide a continuous metal-to-metal fit. No more than two successive charges shall be allowed on ovens with defective oven doors or chuck doors before repair or replacement.

(3) Cleaning of oven doors, check doors and door jambs each coking cycle so as to provide an effective seal.

(4) An inspection system and program including positive correction action to control door emissions to the maximum extent possible.

(5) Luting of doors that are sealed by luting at each coking cycle and reluting, replacing or adjusting as necessary to control leakage.

(k) Work Practices During Pushing. The employer shall operate all existing coke oven batteries using all of the following work practices to control emissions during pushing:

(1) Coke and coal spillage quenched as soon as practicable and not shoveled into a heated oven.

(2) Establishment and implementation of a detailed, written procedure for each battery, designed and operated for the control of emissions during pushing, based, as a minimum, on the following elements:

(A) Dampering off the ovens and removal of charging hole lids to effectively control coke oven emissions during the push.

(B) Heating of the coal charge uniformly for a sufficient period so as to obtain proper coking including the prevention of green pushes.

(C) When it is known in advance that a green push will occur which can be prevented by corrective measures, such measures shall be taken before the push is made.

(D) Inspection, adjustment and correction of heating flue temperatures and defective flues at least weekly and after any green push so as to prevent green pushes.

(E) Cleaning of heating flues and related equipment to prevent green pushes, at least weekly and after any green push.

(l) Maintenance and Repair. The employer shall operate existing coke oven batteries following a detailed, written procedure of maintenance and repair established and implemented for the effective control of coke oven emissions and such procedure shall be based, as a minimum, on the following work practices:

(1) Regular inspection of all controls, including goosenecks, standpipes, standpipe caps, charging hole lids and castings, jumper pipes and air seals for cracks, misalignment or other defects and implementation of the necessary repairs as soon as possible.

(2) Maintaining the regulated area in an orderly condition reasonably free of coal and coke spillage and debris.

(3) Regular inspection of the damper system, aspiration system and collector main for cracks or leakage, and prompt implementation of the necessary repairs.

(4) Regular inspection of the heating system and prompt implementation of the necessary repairs.

(5) Prevention of miscellaneous fugitive topside emissions.

(6) Regular inspection and patching of oven brickwork.

(7) Maintenance of battery equipment and controls in good working order.

(8) Maintenance and repair of coke oven doors, chuck doors, door jambs and seals.

(9) Repairs instituted and completed as soon as possible, including temporary repair measures instituted and completed where necessary, including but not limited to:

(A) Prevention of miscellaneous fugitive topside emissions; and

(B) Installation of chuck door gaskets prior to the start of the next coking cycle.

(m) Filtered Air.

(1) The employer shall provide positive-pressure, temperature-controlled, filtered air for larry car, pusher machine, door machine, and quench car cabs.

(2) The employer shall provide standby pulpits on the battery topside, and one centrally located to the screening station equipped with positive-pressure, temperature-controlled, filtered air.

(n) Emergencies. Whenever an emergency occurs, the next coking cycle may not begin until the cause of the emergency is determined and corrected unless the employer can establish that it is necessary to initiate the next coking cycle in order to determine the cause of the emergency.

(o) Compliance Program.

(1) Each employer shall establish and implement a written program to reduce exposures solely by means of the engineering and work practice controls required in subsections (g) through (m). The written program shall include at least the following:

(A) A description of each coke oven by battery, including work force and operating crew, coking time, operating procedures and maintenance practices.

(B) Engineering plans and other studies used to determine the controls for the coke battery.

(C) A report of the technology considered in meeting the permissible exposure limit.

(D) Monitoring data obtained in accordance with subsection (e).

(E) A detailed schedule for the implementation of the engineering and work practice controls required in subsections (g) through (m).

(F) Any other relevant information.

(2) If, after implementing all controls required by subsections (g) through (m), or after January 20, 1980, whichever is sooner, or after completion of a new or rehabilitated battery, the permissible exposure limit is still exceeded, the employer shall develop a detailed, written plan and schedule for the implementation of any additional engineering controls and work practices necessary to reduce exposure to, or below, the permissible exposure limit.

(3) Written programs, as required by Sections 5211(o)(1) and (o)(2), shall be submitted upon request to the Chief of the Division of Occupational Safety and Health (the Chief) and the Director of the National Institute for Occupational Safety and Health (the Director) and shall be available at the worksite for examination and copying by authorized representatives of the Chief and the Director and by the authorized employee representative. These programs shall be revised and updated at least every 6 months to reflect the current status.

(4) The employer shall incorporate the written procedures required by Sections 5211(i) through (l) and the schedules required by Sections 5211(o)(1)(e) and (o)(2) in the employee information and training program under Section 5211(t) and, where appropriate, shall post the procedures and schedules in the regulated area(s).

(p) Respiratory Protection.

(1) General. For employees who use respirators required by this section, the employer must provide respirators that comply with the requirements of this subsection. Compliance with the permissible exposure limit may not be achieved by the use of respirators except during:

(A) Periods necessary to install or implement feasible engineering and work practice controls.

(B) Work operations such as maintenance and repair activity in which engineering and work practice controls are technologically 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 limit.

(D) Emergencies.

(2) Respirator program. The employer must implement a respiratory protection program in accordance with section 5144(b) (except (d)(1)(C)) through (m).

(3) Respirator Selection.

(A) The employer shall select, and provide to employees, the appropriate respirators specified in Section 5144(d)(3)(A)1; however, employers may use a filtering facepiece respirator only when it functions as a filter respirator for coke oven emissions particulates.


(q) Protective Clothing and Equipment.

(1) Provision and Use. The employer shall provide and assure the use of appropriate protective clothing and equipment, such as, but not limited to:

(A) Flame resistant jacket and pants.

(B) Flame resistant gloves.

(C) Face shields or vented goggles which comply with Section 3382.

(D) Insulation from hot surfaces for footwear.

(E) Safety shoes which comply with Section 3385.

(F) Protective helmets which comply with Section 3381.

(2) Cleaning and Replacement.

(A) Protective clothing required by subparagraphs (q)(1)(A) and (q)(1)(B) which has been wet with coal tar volatiles such that skin contact can occur shall be replaced immediately and cleaned before reissue. Such clothing which is wet with water shall be dried before being reissued, and all such protective clothing shall be cleaned at least weekly.

(B) The employer shall provide for the cleaning, laundering, or disposal of the protective clothing required by subparagraphs (q)(1)(A) and (q)(1)(B).

(C) The employer shall repair or replace the protective clothing and equipment as needed to maintain their effectiveness.

(D) The employer shall assure that all protective clothing is removed at the completion of a work shift and only in change rooms prescribed by paragraph (r)(1).

(E) The employer shall assure that protective clothing which is to be cleaned, laundered, or disposed of, is placed in a closable container in the change room.

(F) The employer shall inform any person who cleans or launders protective clothing of the potentially harmful effects of exposure to coke oven emissions.

(r) Hygiene Facilities and Practices.

(1) Change Rooms. As soon as possible but no later than January 20, 1978, the employer shall provide clean change rooms equipped with storage facilities for street clothes and separate storage facilities for protective clothing and equipment, in accordance with Section 3367(a), whenever employees are required to wear protective clothing and equipment as prescribed by paragraph (q)(1).

(2) Showers.

(A) The employer shall provide shower facilities in accordance with Section 3366(h).

(B) The employer shall assure that employees working in the regulated area shower at the end of the work shift.

(3) Lunchrooms. The employer shall provide lunchroom facilities which have a temperature-controlled, positive-pressure, filtered air supply, are readily accessible to employees working in the regulated area, and conform to the requirements of Section 3368.

(4) Lavatories.

(A) The employer shall provide lavatory facilities conforming to Section 3366, subsections (a) through (g).

(B) The employer shall assure that employees working in the regulated area wash their hands and face prior to eating.

(5) Prohibited Activities. The employer shall assure that, in the regulated area, food or beverages, with the exception of drinking water, are not present or consumed, smoking products are not present or consumed, and cosmetics are not present or applied, except that these activities may be conducted in the lunchrooms and change rooms required under the provisions of this subsection.

(s) Medical Surveillance.

(1) General.

(A) The employer shall provide or make available, at no cost to the employee, medical examinations conforming to the requirements of this subsection for each employee employed in a regulated area for at least 30 days per year.

(B) The employer shall inform any employee who refuses any required medical examination of the possible health consequences of such refusal. Any employee refusing a medical examination shall be requested to sign a statement acknowledging the personal health risk in such refusal.

(C) The employer shall assure that all medical examinations and procedures are performed by, or under the supervision of, a licensed physician.

(2) Initial Examination. At the time of initial assignment to a regulated area or upon the institution of the medical surveillance program, the employer shall provide a medical examination for employees covered under subparagraphs (s)(1)(A) which shall include at least the following elements:

(A) A work history and medical history which shall include smoking history and the presence and degree of respiratory symptoms, such as breathlessness, cough, sputum production, and wheezing.

(B) A 1″ x 17″ posterior-anterior chest X-ray and International Labor Office UICC/Cincinnati (ILO U/C) rating.

(C) Pulmonary function tests including forced vital capacity (FVC) and forced expiratory volume at one second (FEV 1.0) with recording of type of equipment used.

(D) Weight.

(E) A skin examination.

(F) Urinalysis for sugar, albumin, and hematuria.

(G) A sputum cytology examination.

(H) A urinary cytology examination.

(3) Periodic Examination.

(A) The employer shall provide the examination specified by paragraph (s)(2) at least annually for each employee except as prescribed by subparagraph (B) of this paragraph.

(B) The employer shall provide the examination specified by paragraph (s)(2) at least semi-annually for employees 45 years of age or older or with 5 or more years employment in areas which are defined as regulated areas by this section.

(C) Whenever an employee who is 45 years of age or older or with five (5) or more years employment in the regulated area transfers or is transferred from employment in the regulated area, the employer shall continue to provide the examination specified in paragraph (s)(2) at least semi-annually for as long as that employee is employed by the same employer or a successor employer.

(D) Whenever an employee has not taken the examination specified in paragraph (s)(2) within the 6 months preceding the termination of employment, the employer shall provide such examination to the employee upon termination of employment.

(4) Information Provided to the Physician. The employer shall provide the following information to the examining physician:

(A) A copy of this regulation.

(B) A description of the affected employee's duties as they relate to the employee's exposure.

(C) The employee's exposure level or estimated exposure level.

(D) A description of any personal protective equipment used or to be used.

(E) Information from previous medical examinations of the affected employee which is not readily available to the examining physician.

(5) 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.

2. The physician's opinion as to whether the employee has any detected medical conditions which would place the employee at increased risk of material impairment of the employee's health from exposure to coke oven emissions.

3. Any recommended limitations upon the employee's exposure to coke oven emissions or upon the use of protective clothing or equipment such as respirators.

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 explanation or treatment.

(B) The employer shall instruct the physician not to reveal in the written opinion specific findings or diagnoses unrelated to occupational exposure.

(C) The employer shall provide a copy of the written opinion to the affected employee.

(t) Employee Information and Training.

(1) Training Program.

(A) The employer shall institute a training program for employees who are employed in the regulated area and shall assure their participation.

(B) The training program shall be provided within seven days of the effective date of this section for employees who are employed in the regulated area at that time or at the time of initial assignment to a regulated area.

(C) The training program shall be provided at least annually for all employees who are employed in the regulated area.

(D) The minimum information provided each employee in the training program shall include the following:

1. A review of this standard.

2. The purpose, proper use, and limitations of respiratory protective devices required in accordance with subsection (p).

3. The purpose for and a description of the medical surveillance program required by subsection (s) including information on the occupational safety and health hazards associated with exposure to coke oven emissions.

4. A review of all written procedures required under subsections (i) through (l).

5. A review of the schedules required by Sections 5211(o)(1)(E) and (o)(2).

(2) Access to Training Materials.

(A) The employer shall provide a copy of this standard and a copy of the appendix contained in 29 CFR 1910.1029 to all employees who are employed in the regulated area.

(B) The employer shall provide all materials relating to the employee information and training program upon the request of authorized representatives of either the Chief of the Division of Occupational Safety and Health or the Director of the National Institute for Occupational Safety and Health.

(u) Communication of Hazards.

(1) Hazard Communication - General.

The employer shall include coke oven emissions in the program established to comply with the Hazard Communication Standard (HCS) (Section 5194). The employer shall ensure that each employee has access to labels on containers of chemicals and substances associated with coke oven processes and to safety data sheets, and is trained in accordance with the provisions of HCS and subsection (t) of this section. The employer shall ensure that at least the following hazard is addressed: Cancer.

(2) Signs.

(A) The employer shall post signs in the regulated area bearing the legends:

DANGER

COKE OVEN EMISSIONS

MAY CAUSE CANCER

DO NOT EAT, DRINK OR SMOKE

WEAR RESPIRATORY PROTECTION IN THIS AREA

AUTHORIZED PERSONNEL ONLY

(B) In addition, the employer shall post signs in the areas where the permissible exposure limit is exceeded bearing the legend:

WEAR RESPIRATORY PROTECTION IN THIS AREA

(C) The employer shall ensure that no statement appears on or near any sign required by this subsection (u) which contradicts or detracts from the effects of the required sign.

(D) The employer shall ensure that signs required by this subsection (u)(2) are illuminated and cleaned as necessary so that the legend is readily visible.

(E) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in subsection (u)(2)(A) of this section:

DANGER

CANCER HAZARD

AUTHORIZED PERSONNEL ONLY

NO SMOKING OR EATING

(F) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in subsection (u)(2)(B) of this section:

DANGER

RESPIRATOR REQUIRED

(3) Labels.

(A) The employer shall ensure that labels of containers of contaminated protective clothing and equipment include the following information:

CONTAMINATED WITH COKE EMISSIONS

MAY CAUSE CANCER

DO NOT REMOVE DUST BY BLOWING OR SHAKING

(B) Prior to June 1, 2015, employers may include the following information on contaminated protective clothing and equipment in lieu of the labeling requirements in subsection (u)(3)(A) of this section:

CAUTION

CLOTHING CONTAMINATED WITH COKE EMISSIONS

DO NOT REMOVE DUST BY BLOWING OR SHAKING

(v) Recordkeeping.

(1) Exposure Measurements. The employer shall establish and maintain an accurate record of all measurements taken to monitor employee exposure to coke oven emissions required by subsection (e).

(A) The record shall include the following information:

1. Name, social security number, and job classification of the employees monitored.

2. The date(s), number, duration and results of each of the samples taken including a description of the sampling procedure used to determine representative employee exposure where applicable.

3. The type of respiratory protective devices worn, if any.

4. A description of the sampling and analytical methods used and qualifications of persons performing such tests.

5. The environmental variables that could affect the measurement of employee exposure.

(B) The employer shall maintain the record for at least 40 years or for the duration of employment plus 20 years, whichever is longer.

(2) Medical Surveillance. The employer shall establish and maintain an accurate record for each employee for whom a medical surveillance program is implemented in accordance with subsection (s).

(A) The record shall include:

1. The name, social security number, and description of duties of the employee.

2. A copy of the physician's written opinion.

3. A notation of any refusal to take a medical examination or any signed statement to this effect obtained in accordance with subparagraph (s)(1)(B).

4. Any employee medical complaints related to exposure to coke oven emissions

(B) The employer shall keep, or assure that the examining physical keeps the following medical records:

1. A copy of the medical examination results including medical and work history required under paragraph (s)(2).

2. A description of the laboratory procedures used and a copy of any standards or guidelines used to interpret the test results.

3. The initial X-ray.

4. The X-rays for the most recent 5 years.

5. Any X-ray with a demonstrated abnormality and all subsequent X-rays.

6. The initial cytologic examination slide and written description.

7. The cytologic examination slide and written description for the most recent 10 years.

8. Any cytologic examination slides with demonstrated atypia, if such atypia persists for 3 years, and all subsequent slides and written descriptions.

(C) The employer shall maintain medical records under this paragraph for at least 40 years, or for the duration of employment plus 20 years, whichever is longer.

(3) Availability.

(A) The employer shall make available upon request all records required to be maintained by this section to the Chief of the Division of Occupational Safety and Health or the Director of the National Institute for Occupational Safety and Health, or to authorized representatives of either, for examination and copying.

(B) Employee exposure measurement records and employee medical records required by this section shall be provided upon request to employees, designated representatives, and authorized representatives of the Chief of the Division of Occupational Safety and Health in accordance with Section 3204.

(4) 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.

(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 by registered mail to the Director, National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services.

(C) At the expiration of the prescribed retention period for the records required to be maintained under this section, the employer shall either transmit these records to the Director, National Institute for Occupational Safety and Health, or shall continue to retain such records.

(D) The employer shall also comply with any additional requirements involving the transfer of records set forth in Section 3204.

(w) Observation of Monitoring.

(1) Employee Observation. The employer shall provide affected employees or their representative an opportunity to observe any measuring or monitoring of employee exposure to coke oven emissions conducted pursuant to subsection (e).

(2) Observation Procedures.

(A) Whenever observation of the measuring or monitoring of employee exposure to coke oven emissions requires entry into an area where the use of protective clothing or equipment is required, the employer shall provide the observer with, and assure the use of, such equipment and shall require the observer to comply with all other applicable safety and health procedures.

(B) Without interfering with the measurement, observers shall be entitled to:

1. An explanation of the measurement procedures.

2. Observe all steps related to the measurement of coke oven emissions at the place of exposure.

3. Record the results obtained.

(x) Reporting. See section 5203.

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 7-27-77; effective thirtieth day thereafter (Register 77, No. 31).

2. Editorial correction (Register 77, No. 52).

3. Repealer and new subsection (q)(2)(A) filed 11-16-79; effective thirtieth day thereafter (Register 79, No. 46).

4. Amendment of subsection (v) filed 3-20-81; effective thirtieth day thereafter (Register 81, No. 12).

5. Amendment of subsections (f), (o), and (t) filed 8-6-81; effective thirtieth day thereafter (Register 81, No. 32).

6. Editorial correction of subsection (x) filed 3-3-83 (Register 83, No. 10).

7. Change without regulatory effect amending subsection (t)(1)(C) filed 5-18-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 20).

8. Amendment of former subsections (p)(1)-(p)(4)(C) including subsection renumbering and relettering resulting in newly designated subsections (p)(1)-(p)(3)(A) filed 8-25-98; operative 11-23-98 (Register 98, No. 35).

9. Amendment of subsection (x), repealer of subsections (x)(1)-(5) and amendment of Note filed 7-6-99; operative 8-5-99 (Register 99, No. 28).

10. Amendment of subsection (p)(2) filed 7-31-2003; operative 8-30-2003 (Register 2003, No. 31).

11. Amendment of subsection (p)(3)(A) 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).

12. Amendment of subsection (u) 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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