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Subchapter 7. General Industry Safety Orders Group 16. Control of Hazardous
Substances Article 110. Regulated Carcinogens
(1) This section establishes requirements for the control of employee exposure to 1,2-dibromo-3-chloropropane (DBCP).
(2) This section applies to the manufacture, reaction, release, packaging, storage, handling, disposal or other use of DBCP except as otherwise provided by this subsection.
(3) This section does not apply to exposures to DBCP which result from the application or use of DBCP as a pesticide. These exposures are governed by the California Department of Health Services for low level DBCP concentrations in water and the California Environmental Protection Agency for direct pesticide application or use.
(4) The storage, transportation, distribution or sale of DBCP in intact containers sealed in such a manner as to prevent the release of DBCP vapor or liquid are subject to the following provisions of this section:
(A) Notification of use and emergencies (subsection (d)).
(B) Emergency requirements (subsection (i)).
(C) Training (subsection (n)).
(D) Labeling requirements (subsection (o)(3)).
(5) The provisions of this section are subject to the requirements of the Occupational Carcinogens Control Act of 1976 (Health and Safety Code, Division 20, Chapter 2).
(1) 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 California Administrative Code, Title 8, Section 340.1.
(2) Chief. The Chief of the Division of Occupational Safety and Health, P.O. Box 420603, San Francisco, California, 94142.
(3) DBCP. 1,2-Dibromo-3-chloropropane, Chemical Abstracts Service Registry Number 96-12-8, and includes all forms of DBCP.
(4) Emergency. Any occurrence such as, but not limited to equipment failure, rupture of containers, or failure of control equipment which may, or does, result in an unexpected release of DBCP.
(c) Permissible Exposure Limit.
(1) Inhalation. The employer shall assure that no employee is exposed to a concentration of airborne DBCP in excess of 1 part DBCP per billion parts of air by volume (ppb) as an 8-hour time-weighted average (TWA).
(2) Dermal and Eye Exposure. The employer shall assure that no employee is exposed to eye or skin contact with DBCP.
(d) Notification of Use and Emergencies. See section 5203.
(e) Regulated Areas.
(1) The employer shall establish, within each place of employment, regulated areas wherever DBCP concentrations 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 airborne DBCP. The posting of regulated areas shall be in conformance with Subsection (o) (2) (A).
(3) Access to regulated areas shall be restricted to authorized persons.
(f) Exposure Monitoring.
(A) Determinations of exposure levels shall be made from air samples that are representative of each employee's exposure to airborne DBCP over an 8-hour period.
(B) For the purpose of this paragraph, employee exposure is that exposure which would occur if the employee were not using a respirator.
(2) Initial. Each employer who has a place of employment in which DBCP is present, shall monitor each workplace and work operation to accurately determine the concentration of airborne DBCP to which employees may be exposed. Such monitoring shall be conducted as soon as possible but not latter than 30 days following the effective date of this section. Each employer who has a place of employment in which DBCP is present, shall monitor each workplace and work operation to accurately determine the concentration of airborne DBCP to which employees may be exposed. Such monitoring shall be conducted as soon as possible but not latter than 30 days following the effective date of this section.
(A) If the monitoring required by this section reveals employee exposure to be below the permissible exposure limit, the employer shall repeat these measurements at least quarterly.
(B) If the monitoring required by this section reveals employee exposures to be in excess of the permissible exposure limit, the employer shall repeat these measurements for each such employee at least monthly. The employer shall continue monthly monitoring until at least two consecutive measurements, taken at least seven (7) days apart, are below the permissible exposure limit. Thereafter the employer shall monitor at least quarterly.
(4) Additional. Whenever there has been a production, process, control, or personnel change which may result in any new or additional exposure to DBCP, or whenever the employer has any reason to suspect new or additional exposures to DBCP, the employer shall monitor the employees potentially affected by such change for the purpose of redetermining their exposure. Monitoring shall be conducted as soon as possible but not later than 30 days after the change.
(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 measurements which represent the employee's exposure.
(B) Whenever the results indicate that employee exposure exceeds the permissible exposure limit, the employer shall include in the written notice a statement that the permissible exposure limit was exceeded and a description of the corrective action being taken to reduce exposure to or below the permissible exposure limit.
(6) Accuracy of Measurement. The employer shall use a method of measurement which has an accuracy, to a confidence level of 95 percent, of not less than plus or minus 25 percent for concentrations of DBCP at or above the permissible exposure limit.
(g) Methods of Compliance.
(1) Priority of Compliance Methods.
The employer shall institute engineering and work practice controls to reduce and maintain employee exposures to DBCP at or below the permissible exposure limit, except to the extent that the employer establishes that such controls are not feasible. Where feasible engineering and work practice controls are not sufficient to reduce employee exposures to within 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 use of respiratory protection.
(2) Compliance Program.
(A) The employer shall establish and implement a written program to reduce employee exposures to DBCP to or below the permissible exposure limit solely by means of engineering and work practice controls as required by paragraph (g)(1). The program shall be established within 30 days of the effective date of the Order or within 30 days of the introduction of DBCP into the workplace.
(B) The written program shall include a detailed schedule for development and implementation of the engineering and work practice controls. These plans shall be revised at least every six months to reflect the current status of the program.
(C) Written plans for these compliance programs shall be submitted to the Chief upon request of authorized representatives of the Division of Occupational Safety and Health Administration and shall be available at the worksite for examination and copying by authorized representatives of the Division of Occupational Safety and Health Administration and any affected employee or designated representative of employees.
(D) The employer shall institute and maintain at least the controls described in his most recent written compliance program.
(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) Maintenance and repair activities in which 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 limit;
(2) Respirator program. 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 shall select, and provide to employees, the appropriate atmosphere-supplying specified in Section 5144(d)(3)(A)1.
(B) The employer shall provide employees with one of the following respirator options to use for entry into, or escape from, unknown DBCP concentrations:
1. A combination respirator that includes a supplied-air respirator with a full facepiece operated in a pressure-demand or other positive-pressure or continuous-flow mode, as well as an auxiliary self-contained breathing apparatus (SCBA) operated in a pressure-demand or positive-pressure mode.
2. An SCBA with a full facepiece operated in a pressure-demand or other positive-pressure mode.
Within 15 days of the effective date of this Order, a written plan for emergency situations shall be developed for each workplace where DBCP is present. The plan shall address, as a minimum, the implementation of the requirements of this subsection. Within 45 days of this Order, 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 DBCP is present. The procedure shall be in English and in the predominant language of non-English-speaking employees.
(2) Personal Protective Equipment.
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.
(3) Emergency Procedure Training.
All employees potentially affected by an emergency shall be thoroughly familiarized with the emergency procedure and shall be instructed and rehearsed in the performance of their assigned or potential role in an emergency.
Employees not engaged in correcting the emergency shall be removed and restricted from the area and normal operations in the affected area shall not be resumed until the emergency is abated.
(5) Alerting Employees. Where there is a possibility of employee exposure to DBCP due to the occurrence of an emergency, a general alarm shall be installed and maintained to promptly alert employees of such occurrences.
(6) Medical Surveillance. For any employee exposed to DBCP in an emergency situation, the employer shall provide medical surveillance in accordance with paragraph (m)(6) of this section.
(7) Exposure Monitoring.
(A) Following an emergency, the employer shall conduct monitoring which complies with Subsection (f) of this section.
(B) In workplaces not normally subject to periodic monitoring, the employer may terminate monitoring when two consecutive measurements indicate exposures below the permissible exposure limit.
(j) Protective Clothing and Equipment.
(1) Provision and Use. Where there is any possibility of eye or dermal contact with liquid or solid DBCP, the employer shall provide, at no cost to the employee, and assure that the employee wears impermeable protective clothing and equipment to protect the area of the body which may come in contact with DBCP. Eye and face protection and protective clothing and equipment shall be in compliance with requirements of Article 10.
(2) Removal and Storage.
(A) The employer shall assure that employees remove work clothing only in change rooms provided in accordance with paragraph (l) (1).
(B) The employer shall assure that employees promptly remove any protective clothing and equipment which becomes contaminated with DBCP containing liquids and solids. This clothing shall not be reworn until the DBCP has been removed from the clothing or equipment.
(C) The employer shall assure that no employee takes DBCP-contaminated protective devices and work clothing out of the change room, except those employees authorized to do so for the purpose of laundering, maintenance, or disposal.
(D) DBCP-contaminated protective devices and work clothing shall be placed and stored in closed containers which prevent dispersion of the DBCP outside the container.
(E) Containers of DBCP-contaminated protective devices or work clothing which are to be taken out of change rooms or the workplace for cleaning, maintenance or disposal, shall bear labels with the following information:
CONTAMINATED WITH 1,2-Dibromo-3-chloropropane (DBCP), MAY CAUSE CANCER. MAY DAMAGE FERTILITY OR THE UNBORN CHILD.
(3) Cleaning and Replacement.
(A) The employer shall clean, launder, repair, or replace protective clothing and equipment required by this paragraph to maintain their effectiveness. The employer shall provide clean protective clothing and equipment at least daily to each affected employee.
(B) The employer shall inform any person who launders or cleans DBCP-contaminated protective clothing or equipment of the potentially harmful effects of exposure to DBCP.
(C) The employer shall prohibit the removal of DBCP from protective clothing and equipment by blowing or shaking.
(A) All workplace surfaces shall be maintained free of visible accumulations of DBCP.
(B) Dry sweeping and the use of compressed air for the cleaning of floors and other surfaces is prohibited where DBCP dust or liquids are present.
(C) Where vacuuming methods are selected to clean floors and other surfaces, either portable units or a permanent system may be used.
1. If a portable unit is selected, the exhaust shall be attached to the general workplace exhaust ventilation system or collected within the vacuum unit, equipped with high efficiency filters or other appropriate means of contaminant removal, so that DBCP is not reintroduced into the workplace air; and
2. Portable vacuum units used to collect DBCP may not be used for other cleaning purposes and shall be labeled as prescribed by paragraph (j)(2)(E) of this section.
(D) Cleaning of floor and other surfaces contaminated with DBCP-containing dusts shall not be performed by washing down with a hose, unless a fine spray has first been laid down.
(2) Liquids. Where DBCP is present in a liquid form, or as a resultant vapor, all containers or vessels containing DBCP shall be enclosed to the maximum extent feasible and tightly covered when not in use.
(3) Waste Disposal. DBCP waste, scrap, debris, containers or equipment, shall be disposed of in sealed bags or other closed containers which prevent dispersion of DBCP outside the container.
(l) Hygiene Facilities and Practices.
(1) Change Rooms. The employer shall provide clean change rooms equipped with storage facilities for street clothes and separate storage facilities for protective clothing and equipment whenever employees are required to wear protective clothing and equipment in accordance with Subsections (h) and (j) of this section. Change rooms shall conform to Section 3367.
(A) The employer shall assure that employees working in the regulated area shower at the end of the work shift.
(B) The employer shall assure that employees whose skin becomes contaminated with DBCP-containing liquids or solids immediately wash or shower to remove any DBCP from the skin.
(C) The employer shall provide shower facilities in accordance with Section 3366(h).
(3) Lunchrooms. The employer shall provide lunchroom facilities which have a temperature controlled, positive pressure, filtered air supply, and which are readily accessible to employees working in regulated areas. Section 3368 shall be complied with.
(A) The employer shall assure that employees working in the regulated area remove protective clothing and wash their hands and face prior to eating.
(B) The employer shall provide a sufficient number of lavatory facilities to comply with Section 3364.
(5) Prohibition of Activities in Regulated Areas. The employer shall assure that, in regulated areas, food or beverages are not present or consumed, smoking products and implements are not present or used, and cosmetics are not present or applied.
(m) Medical Surveillance.
(A) The employer shall make available a medical surveillance program for employees who work in regulated areas and employees who are subjected to DBCP exposures in an emergency situation.
(B) All medical examinations and procedures shall be performed by or under the supervision of a licensed physician, and shall be provided without cost to the employee.
(2) Frequency and Content. At the time of initial assignment, and annually thereafter the employer shall provide a medical examination for employees who work in regulated areas, which includes at least the following:
(A) A medical and occupational history including reproductive history.
(B) A physical examination, including examination of the genito-urinary tract, testicle size, and body habitus, and a determination of sperm count.
(C) If a sperm count cannot be obtained, a serum specimen shall be obtained and the following determinations made by radioimmunoassay techniques utilizing National Institutes of Health (NIH) specific antigen or one of equivalent sensitivity:
1. Serum follicle stimulating hormone (FSH); and
2. Serum luteinizing hormone (LH); and
(D) Serum total estrogen shall be performed by radioimmunoassay on samples from females.
(E) Any other tests deemed appropriate by the examining physician.
(3) Additional Examinations. If the employee for any reason develops signs or symptoms commonly associated with exposure to DBCP, the employer shall provide the employee with a medical examination which shall include those elements considered appropriate by the examining physician.
(4) Information Provided to the Physician. The employer shall provide the following information to the examining physician:
(A) A copy of this regulation and its appendices;
(B) A description of the affected employee's duties as they relate to the employee's exposure;
(C) The level of DBCP to which the employee is exposed; and
(D) A description of any personal protective equipment used or to be used.
(5) Physician's Written Opinion.
(A) For each examination under this section, the employer shall obtain and provide the employee with a written opinion from the examining physician which shall include:
1. The results of the medical tests performed;
2. The physician's opinion as to whether the employee has any detected medical condition which would place the employee at an increased risk of material impairment of health from exposure to DBCP; and
3. Any recommended limitations upon employee's exposure to DBCP or upon the use of protective clothing and equipment such as respirators.
(B) The employer shall instruct the physician not to reveal in the written opinion specific findings or diagnoses unrelated to occupational exposure to DBCP.
(6) Emergency Situations. If the employee is exposed to DBCP in an emergency situation, the employer shall provide the employee with a sperm count test as soon as practicable, or, if the employee has had a vasectomy or is unable to produce a semen specimen, the hormone tests contained in subparagraph (m)(2)(C) of this section. Such tests shall also be provided three months later.
(n) Employee Information and Training.
(1) Training Program.
(A) The employer shall institute a training program for all employees who may be exposed to DBCP and shall assure their participation in such training program. Training shall be performed prior to potential exposure or to allowing employees in a regulated area and at least annually thereafter.
(B) The employer shall assure that each employee is informed of the following:
1. The information contained in Appendix A;
2. The quantity, location, manner of use, release or storage of DBCP and the specific nature of operations which could result in exposure to DBCP as well as any necessary protective steps;
3. The purpose, proper use, and limitations of respirators;
4. The purpose and description of the medical surveillance program required by Subsection (m); and
5. A review of this standard, including appendices.
(C) The employer shall provide a copy of Appendix A of this standard to each operator of a vehicle permitted to transport DBCP off the employer's premises. This copy shall be provided to each such operator prior to loading the vehicle with the DBCP and shall remain in the operator's control for the duration of the shipment.
(2) Access to Training Materials.
(A) The employer shall make a copy of this standard and its appendices readily available to all affected employees.
(B) The employer shall provide all materials relating to the employee information and training program upon request to authorized representatives of the Chief.
(o) 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 DBCP.
(B) In classifying the hazards of DBCP at least the following hazards are to be addressed: Cancer; reproductive effects; liver effects; kidney effects; central nervous system effects; skin, eye and respiratory tract irritation; and acute toxicity effects.
(C) Employers shall include DBCP 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 DBCP and to safety data sheets, and is trained in accordance with the requirements of HCS and paragraph (n) of this section.
(D) The employer shall ensure that no statement appears on or near any sign or label required by this paragraph (o) which contradicts or detracts from the meaning of the required sign or label.
(A) The employer shall post signs to clearly indicate all regulated areas. These signs shall bear the legend:
MAY CAUSE CANCER
MAY DAMAGE FERTILITY OR THE UNBORN CHILD
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 paragraph (o)(2) of this section:
(Insert Appropriate Trade or Common Names)
MAY DAMAGE FERTILITY OR THE UNBORN CHILD
AUTHORIZED PERSONNEL ONLY
(A) The employer shall assure that precautionary labels are in compliance with paragraph (o)(1)(A), and affixed to all containers of DBCP and of products containing DBCP in the workplace, and that the labels remain affixed when the DBCP or products containing DBCP are sold, distributed, or otherwise leave the employer's workplace. Where DBCP or products containing DBCP are sold, distributed, or otherwise leave the employer's workplace bearing appropriate labels required by the Environmental Protection Agency (EPA) under the regulations in 40 CFR Part 162, the labels required by this paragraph (o)(3) need not be affixed.
(B) The employer shall assure that the precautionary labels required by this paragraph (o)(3) are readily visible and legible.
(C) Prior to June 1, 2015, employers may include the following information on containers of DBCP or products containing DBCP, DBCP-contaminated protective devices or work clothing or DBCP-contaminated portable vacuums in lieu of the labeling requirements in paragraphs (j)(2)(E), (k)(l)(C)2. and (o)(1)(A) of this section:
MAY DAMAGE FERTILITY OR THE UNBORN CHILD
(1) Exposure Monitoring.
(A) The employer shall establish and maintain an accurate record of all monitoring required by subsection (f) of this Section.
(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;
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 40 years or the duration of employment plus 20 years, whichever is longer.
(2) Medical Surveillance.
(A) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance required by Subsection (m) of this section.
(B) This record shall include:
1. The name and social security number of the employee;
2. A copy of the physician's written opinion;
3. Any employee medical complaints related to exposure to DBCP;
4. A copy of the information provided the physician as required by subsections (m)(4)(B) through (m)(4)(D) of this Section; and
5. A copy of the employee's medical and work history.
(C) The employer shall maintain this record for at least 40 years or the duration of employment plus 20 years, whichever is longer.
(A) The employer shall assure that all records required to be maintained by this section be made available for examination and copying upon the request of authorized representatives of the Chief and the Director, National Institute for Occupational Safety and Health.
(B) Employee exposure monitoring records and employee medical 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.
(4) Transfer of Records.
(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 continued maintenance.
(B) If an employer ceases to do business and there is no successor employer, or whenever the prescribed retention period for a record expires, the record(s) shall be transmitted by registered mail to the Director, National Institute for Occupational Safety and Health, 5600 Fisher Lane, Rockville, MD 20852.
(C) The employer shall also comply with any additional requirements involving the transfer of records set forth in Section 3204.
(q) Observation of Monitoring. During any observation of monitoring by an affected employee or employees or their representative, pursuant to California Administrative Code, Title 8, 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.
(r) Appendices. The information contained in the appendices is not intended, by itself, to create any additional obligations not otherwise imposed by this standard or to detract from any such obligation.
1. New section filed 10-5-77 as an emergency; effective upon filing. Under the authority of section 142.4(b) of the Labor Code, section is effective until 120 days after the promulgation of a permanent standard by the Secretary of Labor pursuant to section 6(c)(3) of the Federal Occupational Safety and Health Act of 1970 (Register 77, No. 41).
2. Expired 8-17-78 by operation of section 142.4(b), Labor Code (Register 78, No. 40).
3. New section filed 10-4-78; effective thirtieth day thereafter (Register 78, No. 40).
4. Amendment of subsections (l)(4)(B) and (o)(2) filed 2-6-79; effective thirtieth day thereafter (Register 79, No. 6).
5. Editorial correction of subsection (n)(1)(B) (Register 79, No. 17).
6. Amendment of subsection (p) filed 3-20-81; effective thirtieth day thereafter (Register 81, No. 12).
10. Editorial correction of printing error in subsection (f)(2), table in subsection (h)(2), and I.B.1 of Appendix B (Register 92, No. 33).
11. Amendment of former subsections (h)(1)-(h)(3)(B) including subsection renumbering and relettering resulting in newly designated subsections (h)(1)-(h)(3) filed 8-25-98; operative 11-23-98 (Register 98, No. 35).
12. Editorial correction moving Note and Histories 1-11 from following Appendix C to preceding Appendix A (Register 99, No. 28).
13. 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).
14. Amendment of subsection (h)(3) and new subsections (h)(3)(A)-(B)2. 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).
15. Amendment of subsections (j)(2)(E) and (k)(1)(C)2., subsection (o) and subsections therein and section II.A.7. of Appendix B 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).
16. Amendment of subsections (j)(2)(E) and (k)(1)(C), subsection (o) and subsections therein and section II.A.7. of Appendix B refiled 11-6-2013; operative 11-6-2013 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. 45).
17. Repealer of 11-6-2013 order by operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No. 19).
18. Amendment of subsections (j)(2)(E) and (k)(1)(C), subsection (o) and subsections therein and section II.A.7. of Appendix B filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).