(a) Scope and application. (1) This section, in its entirety, applies to the control of employee exposure to cotton dust in all workplaces where employees engage in yarn manufacturing, engage in slashing and weaving operations, or work in waste houses for textile operations.
(1) This section, in its entirety, applies to the control of employee exposure to cotton dust in all workplaces where employees engage in yarn manufacturing, engage in slashing and weaving operations, or work in waste houses for textile operations.
(2) This section does not apply to the handling or processing of woven or knitted materials; to maritime operations covered by 29 CFR Parts 1915 and 1918; to harvesting or ginning of cotton; or to the construction industry.
(3) Only paragraphs (h) Medical surveillance, (k)(2) through (4) Recordkeeping--Medical Records, and Appendices B, C and D of this section apply in all work places where employees exposed to cotton dust engage in cottonseed processing or waste processing operations.
(4) This section applies to yarn manufacturing and slashing and weaving operations exclusively using washed cotton (as defined by paragraph (n) of this section) only to the extent specified by paragraph (n) of this section.
(5) This section, in its entirety, applies to the control of all employees exposure to the cotton dust generated in the preparation of washed cotton from opening until the cotton is thoroughly wetted.
(6) This section does not apply to knitting, classing or warehousing operations except that employers with these operations, if requested by NIOSH, shall grant NIOSH access to their employees and workplaces for exposure monitoring and medical examinations for purposes of a health study to be performed by NIOSH on a sampling basis.
(b) Definitions. For the purpose of this section:
Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or designee;
Blow down means the general cleaning of a room or a part of a room by the use of compressed air.
Blow off means the use of compressed air for cleaning of short duration and usually for a specific machine or any portion of a machine.
Cotton dust means dust present in the air during the handling or processing of cotton, which may contain a mixture of many substances including ground up plant matter, fiber, bacteria, fungi, soil, pesticides, non-cotton plant matter and other contaminants which may have accumulated with the cotton during the growing, harvesting and subsequent processing or storage periods. Any dust present during the handling and processing of cotton through the weaving or knitting of fabrics, and dust present in other operations or manufacturing processes using raw or waste cotton fibers or cotton fiber byproducts from textile mills are considered cotton dust within this definition. Lubricating oil mist associated with weaving operations is not considered cotton dust.
Director means the Director of the National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services, or designee.
Equivalent Instrument means a cotton dust sampling device that meets the vertical elutriator equivalency requirements as described in paragraph (d)(1)(iii) of this section.
Lint-free respirable cotton dust means particles of cotton dust of approximately 15 micrometers or less aerodynamic equivalent diameter;
Vertical elutriator cotton dust sampler or vertical elutriator means a dust sampler which has a particle size cut-off at approximately 15 micrometers aerodynamic equivalent diameter when operating at the flow rate of 7.4 0.2 liters of air per minute;
Waste processing means waste recycling (sorting, blending, cleaning and willowing) and garnetting.
Yarn manufacturing means all textile mill operations from opening to, but not including, slashing and weaving.
(c) Permissible exposure limits and action levels--(1) Permissible exposure limits (PEL). (i) The employer shall assure that no employee who is exposed to cotton dust in yarn manufacturing and cotton washing operations is exposed to airborne concentrations of lint-free respirable cotton dust greater than 200 [micro]g/m\3\ mean concentration, averaged over an eight-hour period, as measured be a vertical elutriator or an equivalent instrument.
(1) Permissible exposure limits (PEL). (i) The employer shall assure that no employee who is exposed to cotton dust in yarn manufacturing and cotton washing operations is exposed to airborne concentrations of lint-free respirable cotton dust greater than 200 [micro]g/m\3\ mean concentration, averaged over an eight-hour period, as measured be a vertical elutriator or an equivalent instrument.
(i) The employer shall assure that no employee who is exposed to cotton dust in yarn manufacturing and cotton washing operations is exposed to airborne concentrations of lint-free respirable cotton dust greater than 200 [micro]g/m\3\ mean concentration, averaged over an eight-hour period, as measured be a vertical elutriator or an equivalent instrument.
(ii) The employer shall assure that no employee who is exposed to cotton dust in textile mill waste house operations or is exposed in yarn manufacturing to dust from ``lower grade washed cotton'' as defined in paragraph (n)(5) of this section is exposed to airborne concentrations of lint-free respirable cotton dust greater than 500 [micro]g/m\3\ mean concentration, averaged over an eight-hour period, as measured by a vertical elutriator or an equivalent instrument.
(iii) The employer shall assure that no employee who is exposed to cotton dust in the textile processes known as slashing and weaving is exposed to airborne concentrations of lint-free respirable cotton dust greater than 750 [micro]g/m\3\ mean concentration, averaged over an eight hour period, as measured by a vertical elutriator or an equivalent instrument.
(2) Action levels. (i) The action level for yarn manufacturing and cotton washing operations is an airborne concentration of lint-free respirable cotton dust of 100 [micro]g/m\3\ mean concentration, averaged over an eight-hour period, as measured by a vertical elutriator or an equivalent instrument.
(i) The action level for yarn manufacturing and cotton washing operations is an airborne concentration of lint-free respirable cotton dust of 100 [micro]g/m\3\ mean concentration, averaged over an eight-hour period, as measured by a vertical elutriator or an equivalent instrument.
(ii) The action level for waste houses for textile operations is an airborne concentration of lint-free respirable cotton dust of 250 [micro]g/m\3\ mean concentration, averaged over an eight-hour period, as measured by a vertical elutriator or an equivalent instrument.
(iii) The action level for the textile processes known as slashing and weaving is an airborne concentration of lint-free respirable cotton dust of 375 [micro]g/m\3\ mean concentration, averaged over an eight-hour period, as measured by a vertical elutriator or an equivalent instrument.
(d) Exposure monitoring and measurement--(1) General. (i) For the purposes of this section, employee exposure is that exposure which would occur if the employee were not using a respirator.
(1) General. (i) For the purposes of this section, employee exposure is that exposure which would occur if the employee were not using a respirator.
(i) For the purposes of this section, employee exposure is that exposure which would occur if the employee were not using a respirator.
(ii) The sampling device to be used shall be either the vertical elutriator cotton dust sampler or an equivalent instrument.
(iii) If an alternative to the vertical elutriator cotton dust sampler is used, the employer shall establish equivalency by reference to an OSHA opinion or by documenting, based on data developed by the employer or supplied by the manufacturer, that the alternative sampling devices meets the following criteria:
(A) It collects respirable particulates in the same range as the vertical elutriator (approximately 15 microns);
(B) Replicate exposure data used to establish equivalency are collected in side-by-side field and laboratory comparisons; and
(C) A minimum of 100 samples over the range of 0.5 to 2 times the permissible exposure limit are collected, and 90% of these samples have an accuracy range of plus or minus 25 per cent of the vertical elutriator reading with a 95% confidence level as demonstrated by a statistically valid protocol. (An acceptable protocol for demonstrating equivalency is described in appendix E of this section.)
(iv) OSHA will issue a written opinion stating that an instrument is equivalent to a vertical elutriator cotton dust sampler if
(A) A manufacturer or employer requests an opinion in writing and supplies the following information:
(1) Sufficient test data to demonstrate that the instrument meets the requirements specified in this paragraph and the protocol specified in appendix E of this section;
(2) Any other relevant information about the instrument and its testing requested by OSHA; and
(3) A certification by the manufacturer or employer that the information supplied is accurate, and
(B) if OSHA finds, based on information submitted about the instrument, that the instrument meets the requirements for equivalency specified by paragraph (d) of this section.
(2) Initial monitoring. Each employer who has a place of employment within the scope of paragraph (a)(1), (a)(4), or (a)(5) of this section shall conduct monitoring by obtaining measurements which are representative of the exposure of all employees to airborne concentrations of lint-free respirable cotton dust over an eight-hour period. The sampling program shall include at least one determination during each shift for each work area.
(3) Periodic monitoring. (i) If the initial monitoring required by paragraph (d)(2) of this section or any subsequent monitoring reveals employee exposure to be at or below the permissible exposure limit, the employer shall repeat the monitoring for those employees at least annually.
(i) If the initial monitoring required by paragraph (d)(2) of this section or any subsequent monitoring reveals employee exposure to be at or below the permissible exposure limit, the employer shall repeat the monitoring for those employees at least annually.
(ii) If the initial monitoring required by paragraph (d)(2) of this section or any subsequent monitoring reveals employee exposure to be above the PEL, the employer shall repeat the monitoring for those employees at least every six months.
(iii) Whenever there has been a production, process, or control change which may result in new or additional exposure to cotton dust, or whenever the employer has any other reason to suspect an increase in employee exposure, the employer shall repeat the monitoring and measurements for those employees affected by the change or increase.
(4) Employee notification. (i) The employer must, within 15 working days after the receipt of the results of any monitoring performed under this section, notify each affected employee of these results either individually in writing or by posting the results in an appropriate location that is accessible to employees.
(i) The employer must, within 15 working days after the receipt of the results of any monitoring performed under this section, notify each affected employee of these results either individually in writing or by posting the results in an appropriate location that is accessible to employees.
(ii) Whenever the results indicate that the employee's exposure exceeds the applicable permissible exposure limit specified in paragraph (c) of this section, the employer shall include in the written notice a statement that the permissible exposure limit was exceeded and a description of the corrective action taken to reduce exposure below the permissible exposure limit.
(e) Methods of compliance--(1) Engineering and work practice controls. The employer shall institute engineering and work practice controls to reduce and maintain employee exposure to cotton dust at or below the permissible exposure limit specified in paragraph (c) of this section, except to the extent that the employer can establish that such controls are not feasible.
(1) Engineering and work practice controls. The employer shall institute engineering and work practice controls to reduce and maintain employee exposure to cotton dust at or below the permissible exposure limit specified in paragraph (c) of this section, except to the extent that the employer can establish that such controls are not feasible.
(2) Whenever feasible engineering and work practice controls are not sufficient to reduce employee exposure to or below the permissible exposure limit, the employer shall nonetheless institute these controls to reduce exposure to the lowest feasible level, and shall supplement these controls with the use of respirators which shall comply with the provisions of paragraph (f) of this section.
(3) Compliance program. (i) Where the most recent exposure monitoring data indicates that any employee is exposed to cotton dust levels greater than the permissible exposure limit, the employer shall establish and implement a written program sufficient to reduce exposures to or below the permissible exposure limit solely by means of engineering controls and work practices as required by paragraph (e)(1) of this section.
(i) Where the most recent exposure monitoring data indicates that any employee is exposed to cotton dust levels greater than the permissible exposure limit, the employer shall establish and implement a written program sufficient to reduce exposures to or below the permissible exposure limit solely by means of engineering controls and work practices as required by paragraph (e)(1) of this section.
(ii) The written program shall include at least the following:
(A) A description of each operation or process resulting in employee exposure to cotton dust at levels greater than the PEL;
(B) Engineering plans and other studies used to determine the controls for each process;
(C) A report of the technology considered in meeting the permissible exposure limit;
(D) Monitoring data obtained in accordance with paragraph (d) of this section;
(E) A detailed schedule for development and implementation of engineering and work practice controls, including exposure levels projected to be achieved by such controls;
(F) Work practice program; and
(G) Other relevant information.
(iii) The employer's schedule as set forth in the compliance program, shall project completion of the implementation of the compliance program no later than March 27, 1984 or as soon as possible if monitoring after March 27, 1984 reveals exposures over the PEL, except as provided in paragraph (m)(2)(ii)(B) of this section.
(iv) The employer shall complete the steps set forth in his program by the dates in the schedule.
(v) Written programs shall be submitted, upon request, to the Assistant Secretary and the Director, and shall be available at the worksite for examination and copying by the Assistant Secretary, the Director, and any affected employee or their designated representatives.
(vi) The written program required under paragraph (e)(3) of this section shall be revised and updated when necessary to reflect the current status of the program and current exposure levels.
(4) Mechanical ventilation. When mechanical ventilation is used to control exposure, measurements which demonstrate the effectiveness of the system to control exposure, such as capture velocity, duct velocity, or static pressure shall be made at reasonable intervals.
(f) Respiratory protection--(1) General. For employees who are required to use respirators by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph. Respirators must be used during:
(1) General. For employees who are required to use respirators by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph. Respirators must be used during:
(i) Periods necessary to install or implement feasible engineering and work-practice controls.
(ii) Maintenance and repair activities for which engineering and work-practice controls are not feasible.
(iii) Work operations for which feasible engineering and work-practice controls are not yet sufficient to reduce employee exposure to or below the permissible exposure limits.
(iv) Work operations specified under paragraph (g)(1) of this section.
(v) Periods for which an employee requests a respirator.
(2) Respirator program. (i) The employer must implement a respiratory protection program in accordance withSec. 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m), which covers each employee required by this section to use a respirator.
(i) The employer must implement a respiratory protection program in accordance withSec. 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m), which covers each employee required by this section to use a respirator.
(ii) Whenever a physician determines that an employee who works in an area in which the cotton-dust concentration exceeds the PEL is unable to use a respirator, including a powered air-purifying respirator, the employee must be given the opportunity to transfer to an available position, or to a position that becomes available later, that has a cotton-dust concentration at or below the PEL. The employer must ensure that such employees retain their current wage rate or other benefits as a result of the transfer.
(3) Respirator selection. (i) Employers must:
(i) Employers must:
(A) Select, and provide to employees, the appropriate respirators specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134; however, employers must not select or use filtering facepieces for protection against cotton dust concentrations greater than five times (5 x) the PEL.
(B) Provide HEPA filters for powered and non-powered air-purifying respirators used at cotton dust concentrations greater than ten times (10 x) the PEL.
(ii) Employers must provide an employee with a powered air-purifying respirator (PAPR) instead of a non-powered air-purifying respirator selected according to paragraph (f)(3)(i) of this standard when the employee chooses to use a PAPR and it provides adequate protection to the employee as specified by paragraph (f)(3)(i) of this standard.
(g) Work practices. Each employer shall, regardless of the level of employee exposure, immediately establish and implement a written program of work practices which shall minimize cotton dust exposure. The following shall be included were applicable:
(1) Compressed air ``blow down'' cleaning shall be prohibited where alternative means are feasible. Where compressed air is used for cleaning, the employees performing the ``blow down'' or ``blow off'' shall wear suitable respirators. Employees whose presence is not required to perform ``blow down'' or ``blow of'' shall be required to leave the area affected by the ``blow down'' or ``blow off'' during this cleaning operation.
(2) Cleaning of clothing or floors with compressed air shall be prohibited.
(3) Floor sweeping shall be performed with a vacuum or with methods designed to minimize dispersal of dust.
(4) In areas where employees are exposed to concentrations of cotton dust greater than the permissible exposure limit, cotton and cotton waste shall be stacked, sorted, baled, dumped, removed or otherwise handled by mechanical means, except where the employer can show that it is infeasible to do so. Where infeasible, the method used for handling cotton and cotton waste shall be the method which reduces exposure to the lowest level feasible.
(h) Medical survelliance--(1) General. (i) Each employer covered by the standard shall institute a program of medical surveillance for all employees exposed to cotton dust.
(1) General. (i) Each employer covered by the standard shall institute a program of medical surveillance for all employees exposed to cotton dust.
(i) Each employer covered by the standard shall institute a program of medical surveillance for all employees exposed to cotton dust.
(ii) The employer shall assure that all medical examinations and procedures are performed by or under the supervision of a licensed physician and are provided without cost to the employee.
(iii) Persons other than licensed physicians, who administer the pulmonary function testing required by this section shall have completed a NIOSH-approved training course in spirometry.
(2) Initial examinations. The employer shall provide medical surveillance to each employee who is or may be exposed to cotton dust. For new employees, this examination shall be provided prior to initial assignment. The medical surveillance shall include at least the following:
(i) A medical history;
(ii) The standardized questionnaire contained in appendix B; and
(iii) A pulmonary function measurement, including a determination of forced vital capacity (FVC) and forced expiratory volume in one second (FEV1), the FEV1/FVC ratio, and the percentage that the measured values of FEV1 and FVC differ from the predicted values, using the standard tables in appendix C. These determinations shall be made for each employee before the employee enters the workplace on the first day of the work week, preceded by at least 35 hours of no exposure to cotton dust. The tests shall be repeated during the shift, no less than 4 and no more than 10 hours after the beginning of the work shift; and, in any event, no more than one hour after cessation of exposure. Such exposure shall be typical of the employee's usual workplace exposure. The predicted FEV1 and FVC for blacks shall be multiplied by 0.85 to adjust for ethnic differences.
(iv) Based upon the questionnaire results, each employee shall be graded according to Schilling's byssinosis classification system.
(3) Periodic examinations. (i) The employer shall provide at least annual medical surveillance for all employees exposed to cotton dust above the action level in yarn manufacturing, slashing and weaving, cotton washing and waste house operations. The employer shall provide medical surveillance at least every two years for all employees exposed to cotton dust at or below the action level, for all employees exposed to cotton dust from washed cotton (except from washed cotton defined in paragraph (n)(3) of this section), and for all employees exposed to cotton dust in cottonseed processing and waste processing operations. Periodic medical surveillance shall include at least an update of the medical history, standardized questionnaire (App. B-111), Schilling byssinosis grade, and the pulmonary function measurements in paragraph (h)(2)(iii) of this section.
(i) The employer shall provide at least annual medical surveillance for all employees exposed to cotton dust above the action level in yarn manufacturing, slashing and weaving, cotton washing and waste house operations. The employer shall provide medical surveillance at least every two years for all employees exposed to cotton dust at or below the action level, for all employees exposed to cotton dust from washed cotton (except from washed cotton defined in paragraph (n)(3) of this section), and for all employees exposed to cotton dust in cottonseed processing and waste processing operations. Periodic medical surveillance shall include at least an update of the medical history, standardized questionnaire (App. B-111), Schilling byssinosis grade, and the pulmonary function measurements in paragraph (h)(2)(iii) of this section.
(ii) Medical surveillance as required in paragraph (h)(3)(i) of this section shall be provided every six months for all employees in the following categories:
(A) An FEV1 of greater than 80 percent of the predicted value, but with an FEV1 decrement of 5 percent or 200 ml. on a first working day;
(B) An FEV1 of less than 80 percent of the predicted value; or
(C) Where, in the opinion of the physician, any significant change in questionnaire findings, pulmonary function results, or other diagnostic tests have occurred.
(iii) An employee whose FEV1 is less than 60 percent of the predicted value shall be referred to a physician for a detailed pulmonary examination.
(iv) A comparison shall be made between the current examination results and those of previous examinations and a determination made by the physician as to whether there has been a significant change.
(4) Information provided to the physician. The employer shall provide the following information to the examination physician:
(i) A copy of this regulation and its Appendices:
(ii) A description of the affected employee's duties as they relate to the employee's exposure;
(iii) The employee's exposure level or anticipated exposure level;
(iv) A description of any personal protective equipment used or to be used; and
(v) Information from previous medical examinations of the affected employee which is not readily available to the examining physician.
(5) Physician's written opinion. (i) The employer shall obtain and furnish the employee with a copy of a written opinion from the examining physician containing the following:
(i) The employer shall obtain and furnish the employee with a copy of a written opinion from the examining physician containing the following:
(A) The results of the medical examination and tests including the FEV1, FVC, AND FEV1/FVC ratio;
(B) 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 cotton dust;
(C) The physician's recommended limitations upon the employee's exposure to cotton dust or upon the employee's use of respirators including a determination of whether an employee can wear a negative pressure respirator, and where the employee cannot, a determination of the employee's ability to wear a powered air purifying respirator; and,
(D) A statement that the employee has been informed by the physician of the results of the medical examination and any medical conditions which require further examination or treatment.
(ii) The written opinion obtained by the employer shall not reveal specific findings or diagnoses unrelated to occupational exposure.
(i) Employee education and training--(1) Training program. (i) The employer shall train each employee exposed to cotton dust in accordance with the requirements of this section. The employer shall institute a training program and ensure employee participation in the program.
(1) Training program. (i) The employer shall train each employee exposed to cotton dust in accordance with the requirements of this section. The employer shall institute a training program and ensure employee participation in the program.
(i) The employer shall train each employee exposed to cotton dust in accordance with the requirements of this section. The employer shall institute a training program and ensure employee participation in the program.
(A) The acute and long term health hazards associated with exposure to cotton dust;
(B) The names and descriptions of jobs and processes which could result in exposure to cotton dust at or above the PEL.
(C) The measures, including work practices required by paragraph (g) of this section, necessary to protect the employee from exposures in excess of the permissible exposure limit;
(D) The purpose, proper use and limitations of respirators required by paragraph (f) of this section;
(E) The purpose for and a description of the medical surveillance program required by paragraph (h) of this section and other information which will aid exposed employees in understanding the hazards of cotton dust exposure; and
(F) The contents of this standard and its appendices.
(ii) The training program shall be provided prior to initial assignment and shall be repeated annually for each employee exposed to cotton dust, when job assignments or work processes change and when employee performance indicates a need for retraining.
(2) Access to training materials. (i) Each employer shall post a copy of this section with its appendices in a public location at the workplace, and shall, upon request, make copies available to employees.
(i) Each employer shall post a copy of this section with its appendices in a public location at the workplace, and shall, upon request, make copies available to employees.
(ii) The employer shall provide all materials relating to the employee training and information program to the Assistant Secretary and the Director upon request.
(j) Signs. (1) The employer shall post the following warning sign in each work area where the permissible exposure limit for cotton dust is exceeded: DANGERCOTTON DUSTCAUSES DAMAGE TO LUNGS(BYSSINOSIS)WEAR RESPIRATORY PROTECTION IN THIS AREA
(1) The employer shall post the following warning sign in each work area where the permissible exposure limit for cotton dust is exceeded: DANGERCOTTON DUSTCAUSES DAMAGE TO LUNGS(BYSSINOSIS)WEAR RESPIRATORY PROTECTION IN THIS AREA
(2) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in paragraph (j)(1) of this section: WARNINGCOTTON DUST WORK AREAMAY CAUSE ACUTE OR DELAYEDLUNG INJURY(BYSSINOSIS)RESPIRATORSREQUIRED IN THIS AREA
(k) Recordkeeping--(1) Exposure measurements. (i) The employer shall establish and maintain an accurate record of all measurements required by paragraph (d) of this section.
(1) Exposure measurements. (i) The employer shall establish and maintain an accurate record of all measurements required by paragraph (d) of this section.
(i) The employer shall establish and maintain an accurate record of all measurements required by paragraph (d) of this section.
(ii) The record shall include:
(A) A log containing the items listed in paragraph IV (a) of appendix A, and the dates, number, duration, and results of each of the samples taken, including a description of the procedure used to determine representative employee exposure;
(B) The type of protective devices worn, if any, and length of time worn; and
(C) The names, social security numbers, job classifications, and exposure levels of employees whose exposure the measurement is intended to represent.
(iii) The employer shall maintain this record for at least 20 years.
(2) Medical surveillance. (i) The employer shall establish and maintain an accurate medical record for each employee subject to medical surveillance required by paragraph (h) of this section.
(i) The employer shall establish and maintain an accurate medical record for each employee subject to medical surveillance required by paragraph (h) of this section.
(ii) The record shall include:
(A) The name and social security number and description of the duties of the employee;
(B) A copy of the medical examination results including the medical history, questionnaire response, results of all tests, and the physician's recommendation;
(C) A copy of the physician's written opinion;
(D) Any employee medical complaints related to exposure to cotton dust;
(E) A copy of this standard and its appendices, except that the employer may keep one copy of the standard and the appendices for all employees, provided that he references the standard and appendices in the medical surveillance record of each employee; and
(F) A copy of the information provided to the physician as required by paragraph (h)(4) of this section.
(iii) The employer shall maintain this record for at least 20 years.
(3) Availability. (i) The employer shall make all records required to be maintained by paragraph (k) of this section available to the Assistant Secretary and the Director for examination and copying.
(i) The employer shall make all records required to be maintained by paragraph (k) of this section available to the Assistant Secretary and the Director for examination and copying.
(ii) Employee exposure measurement records and employee medical records required by this paragraph shall be provided upon request to employees, designated representatives, and the Assistant Secretary in accordance with 29 CFR 1910.1020 (a) through (e) and (g) through (i).
(4) Transfer of records. (i) Whenever the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by paragraph (k) of this section.
(i) Whenever the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by paragraph (k) of this section.
(ii) The employer shall also comply with any additional requirements involving transfer of records set forth in 29 CFR 1910.1020(h).
(l) Observation of monitoring. (1) The employer shall provide affected employees or their designated representatives an opportunity to observe any measuring or monitoring of employee exposure to cotton dust conducted pursuant to paragraph (d) of this section.
(1) The employer shall provide affected employees or their designated representatives an opportunity to observe any measuring or monitoring of employee exposure to cotton dust conducted pursuant to paragraph (d) of this section.
(2) Whenever observation of the measuring or monitoring of employee exposure to cotton dust requires entry into an area where the use of personal protective 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.
(3) Without interfering with the measurement, observers shall be entitled to:
(i) An explanation of the measurement procedures:
(ii) An opportunity to observe all steps related to the measurement of airborne concentrations of cotton dust performed at the place of exposure; and
(iii) An opportunity to record the results obtained.
(m) Washed Cotton--(1) Exemptions. Cotton, after it has been washed by the processes described in this paragraph, is exempt from all or parts of this section as specified if the requirements of this paragraph are met.
(1) Exemptions. Cotton, after it has been washed by the processes described in this paragraph, is exempt from all or parts of this section as specified if the requirements of this paragraph are met.
(2) Initial requirements. (i) In order for an employer to qualify as exempt or partially exempt from this standard for operations using washed cotton, the employer must demonstrate that the cotton was washed in a facility which is open to inspection by the Assistant Secretary and the employer must provide sufficient accurate documentary evidence to demonstrate that the washing methods utilized meet the requirements of this paragraph.
(i) In order for an employer to qualify as exempt or partially exempt from this standard for operations using washed cotton, the employer must demonstrate that the cotton was washed in a facility which is open to inspection by the Assistant Secretary and the employer must provide sufficient accurate documentary evidence to demonstrate that the washing methods utilized meet the requirements of this paragraph.
(ii) An employer who handles or processes cotton which has been washed in a facility not under the employer's control and claims an exemption or partial exemption under this paragraph, must obtain from the cotton washer and make available at the worksite, to the Assistant Secretary, to any affected employee, or to their designated representative the following:
(A) A certification by the washer of the cotton of the grade of cotton, the type of washing process, and that the batch meets the requirements of this paragraph;
(B) Sufficient accurate documentation by the washer of the cotton grades and washing process; and
(C) An authorization by the washer that the Assistant Secretary or the Director may inspect the washer's washing facilities and documentation of the process.
(3) Medical and dyed cotton. Medical grade (USP) cotton, cotton that has been scoured, bleached and dyed, and mercerized yarn shall be exempt from all provisions of this standard.
(4) Higher grade washed cotton. The handling or processing of cotton classed as ``low middling light spotted or better'' (color grade 52 or better and leaf grade code 5 or better according to the 1993 USDA classification system) shall be exempt from all provisions of the standard except the requirements of paragraphs (h) medical surveillance, (k)(2) through (4) recordkeeping--medical records, and Appendices B, C, and D of this section, if they have been washed on one of the following systems:
(i) On a continuous batt system or a rayon rinse system including the following conditions:
(A) With water;
(B) At a temperature of no less than 60 [deg]C;
(C) With a water-to-fiber ratio of no less than 40:1; and
(D) With the bacterial levels in the wash water controlled to limit bacterial contamination of the cotton.
(ii) On a batch kier washing system including the following conditions:
(A) With water;
(B) With cotton fiber mechanically opened and thoroughly prewetted before forming the cake;
(C) For low-temperature processing, at a temperature of no less than 60 [deg]C with a water-to-fiber ratio of no less than 40:1; or, for high-temperature processing, at a temperature of no less than 93 [deg]C with a water-to-fiber ratio of no less than 15:1;
(D) With a minimum of one wash cycle followed by two rinse cycles for each batch, using fresh water in each cycle, and
(E) With bacterial levels in the wash water controlled to limit bacterial contamination of the cotton.
(5) Lower grade washed cotton. The handling and processing of cotton of grades lower than ``low middling light spotted,'' that has been washed as specified in paragraph (n)(4) of this section and has also been bleached, shall be exempt from all provisions of the standard except the requirements of paragraphs (c)(1)(ii) Permissible Exposure Limit, (d) Exposure Monitoring, (h) Medical Surveillance, (k) Recordkeeping, and Appendices B, C and D of this section.
(6) Mixed grades of washed cotton. If more than one grade of washed cotton is being handled or processed together, the requirements of the grade with the most stringent exposure limit, medical and monitoring requirements shall be followed.
(n) Appendices. (1) Appendices B, C, and D of this section are incorporated as part of this section and the contents of these appendices are mandatory.
(1) Appendices B, C, and D of this section are incorporated as part of this section and the contents of these appendices are mandatory.
(2) Appendix A of this section contains information which is not intended to create any additional obligations not otherwise imposed or to detract from any existing obligations.
(3) Appendix E of this section is a protocol which may be followed in the validation of alternative measuring devices as equivalent to the vertical elutriator cotton dust sampler. Other protocols may be used if it is demonstrated that they are statistically valid, meet the requirements in paragraph (d)(l)(iii) of this section, and are appropriate for demonstrating equivalency.
Appendix A toSec. 1910.1043--Air Sampling and Analytical Procedures
for Determining Concentrations of Cotton Dust
i. sampling locations
The sampling procedures must be designed so that samples of the actual dust concentrations are collected accurately and consistently and reflect the concentrations of dust at the place and time of sampling. Sufficient number of 6-hour area samples in each distinct work area of the plant should be collected at locations which provide representative samples of air to which the worker is exposed. In order to avoid filter overloading, sampling time may be shortened when sampling in dusty areas. Samples in each work area should be gathered simultaneously or sequentially during a normal operating period. The daily time-weighted average (TWA) exposure of each worker can then be determined by using the following formula: Summation of hours spent in each location and the dust concentration in
that location.
Total hours exposed A time-weighted average concentration should be computed for each worker and properly logged and maintained on file for review.
ii. sampling equipment
(a) Sampler. The instrument selected for monitoring is the Lumsden-Lynch vertical elutriator. It should operate at a flow rate of 7.40.2 liters/minute. The samplers should be cleaned prior to sampling. The pumps should be monitored during sampling.
(b) Filter Holder. A three-piece cassette constructed of polystyrene designed to hold a 37-mm diameter filter should be used. Care must be exercised to insure that an adequate seal exists between elements of the cassette.
(c) Filers and Support Pads. The membrane filters used should be polyvinyl chloride with a 5-um pore size and 37-mm diameter. A support pad, commonly called a backup pad, should be used under the filter membrane in the field monitor cassette.
(d) Balance. A balance sensitive to 10 micrograms should be used.
(e) Monitoring equipment for use in Class III hazardous locations must be approved for use in such locations, in accordance with the requirements of the OSHA electrical standards in subpart S of part 1910.
iii. instrument calibration procedure
Samplers shall be calibrated when first received from the factory, after repair, and after receiving any abuse. The samplers should be calibrated in the laboratory both before they are used in the field and after they have been used to collect a large number of field samples. The primary standard, such as a spirometer or other standard calibrating instruments such as a wet test meter or a large bubble meter or dry gas meter, should be used. Instructions for calibration with the wet test meter follow. If another calibration device is selected, equivalent procedures should be used:
(a) Level wet test meter. Check the water level which should just touch the calibration point at the left side of the meter. If water level is low, add water 1-2 [deg]F. warmer than room temperature of till point. Run the meter for 30 minutes before calibration;
(b) Place the polyvinyl chloride membrane filter in the filter cassette;
(c) Assemble the calibration sampling train;
(d) Connect the wet test meter to the train. The pointer on the meter should run clockwise and a pressure drop of not more than 1.0 inch of water indicated. If the pressure drop is greater than 1.0, disconnect and check the system;
(e) Operate the system for ten minutes before starting the calibration;
(f) Check the vacuum gauge on the pump to insure that the pressure drop across the orifice exceeds 17 inches of mercury;
(g) Record the following on calibration data sheets:
(1) Wet test meter reading, start and finish;
(2) Elapsed time, start and finish (at least two minutes);
(3) Pressure drop at manometer;
(4) Air temperature;
(5) Barometric pressure; and
(6) Limiting orifice number;
(h) Calculate the flow rate and compare against the flow of 7.40.2 liters/minute. If flow is between these limits, perform calibration again, average results, and record orifice number and flow rate. If flow is not within these limits, discard or modify orifice and repeat procedure;
(i) Record the name of the person performing the calibration, the date, serial number of the wet test meter, and the number of the critical orifices being calibrated.
iv. sampling procedure
(a) Sampling data sheets should include a log of:
(1) The date of the sample collection;
(2) The time of sampling;
(3) The location of the sampler;
(4) The sampler serial number;
(5) The cassette number;
(6) The time of starting and stopping the sampling and the duration of sampling;
(7) The weight of the filter before and after sampling;
(8) The weight of dust collected (corrected for controls);
(9) The dust concentration measured;
(10) Other pertinent information; and
(11) Name of person taking sample
(b) Assembly of filter cassette should be as follows:
(1) Loosely assemble 3-piece cassette;
(2) Number cassette;
(3) Place absorbant pad in cassette;
(4) Weigh filter to an accuracy of 10 [micro]g;
(5) Place filter in cassette;
(6) Record weight of filter in log, using cassette number for identification;
(7) Fully assemble cassette, using pressure to force parts tightly together;
(8) Install plugs top and bottom;
(9) Put shrink band on cassette, covering joint between center and bottom parts of cassette; and
(10) Set cassette aside until shrink band dries thoroughly.
(c) Sampling collection should be performed as follows:
(1) Clean lint out of the motor and elutriator;
(2) Install vertical elutriator in sampling locations specified above with inlet 4\1/2\ to 5\1/2\ feet from floor (breathing zone height);
(3) Remove top section of cassette;
(4) Install cassette in ferrule of elutriator;
(5) Tape cassette to ferrule with masking tape or similar material for air-tight seal;
(6) Remove bottom plug of cassette and attach hose containing critical orifice;
(7) Start elutriator pump and check to see if gauge reads above 17 in. of Hg vacuum;
(8) Record starting time, cassette number, and sampler number;
(9) At end of sampling period stop pump and record time; and
(10) Controls with each batch of samples collected, two additional filter cassettes should be subjected to exactly the same handling as the samples, except that they are not opened. These control filters should be weighed in the same manner as the sample filters. Any difference in weight in the control filters would indicate that the procedure for handling sample filters may not be adequate and should be evaluated to ascertain the cause of the difference, whether and what necessary corrections must be made, and whether additional samples must be collected.
(d) Shipping. The cassette with samples should be collected, along with the appropriate number of blanks, and shipped to the analytical laboratory in a suitable container to prevent damage in transit.
(e) Weighing of the sample should be achieved as follows:
(1) Remove shrink band;
(2) Remove top and middle sections of cassette and botton plug;
(3) Remove filter from cassette and weigh to an accuracy of 10 [micro]g; and
(4) Record weight in log against original weight
(f) Calculation of volume of air sampled should be determined as follows:
(1) From starting and stopping times of sampling period, determine length of time in minutes of sampling period; and
(2) Multiply sampling time in minutes by flow rate of critical orifice in liters per minute and divide by 1000 to find air quantity in cubic meters.
(g) Calculation of Dust Concentrations should be made as follows:
(1) Substract weight of clean filter from dirty filter and apply control correction to find actual weight of sample. Record this weight (in [micro]g) in log; and
(2) Divide mass of sample in [micro]g by air volume in cubic meters to find dust concentration in [micro]g/m. Record in log. [GRAPHIC] [TIFF OMITTED] TC28OC91.020 [GRAPHIC] [TIFF OMITTED] TC28OC91.021 [GRAPHIC] [TIFF OMITTED] TC28OC91.022 [GRAPHIC] [TIFF OMITTED] TC28OC91.023 [GRAPHIC] [TIFF OMITTED] TC28OC91.024 [GRAPHIC] [TIFF OMITTED] TC28OC91.025 [GRAPHIC] [TIFF OMITTED] TC28OC91.026 [GRAPHIC] [TIFF OMITTED] TC28OC91.027 [GRAPHIC] [TIFF OMITTED] TC28OC91.028 [GRAPHIC] [TIFF OMITTED] TC28OC91.029 [GRAPHIC] [TIFF OMITTED] TC28OC91.030 [GRAPHIC] [TIFF OMITTED] TC28OC91.031 [GRAPHIC] [TIFF OMITTED] TC28OC91.032 [GRAPHIC] [TIFF OMITTED] TC28OC91.033 [GRAPHIC] [TIFF OMITTED] TC28OC91.034 [GRAPHIC] [TIFF OMITTED] TC28OC91.035 [GRAPHIC] [TIFF OMITTED] TC28OC91.036 [GRAPHIC] [TIFF OMITTED] TC28OC91.037
Appendix D toSec. 1910.1043--Pulmonary Function Standards for Cotton
Dust Standard
The spirometric measurements of pulmonary function shall conform to the following minimum standards, and these standards are not intended to preclude additional testing or alternate methods which can be determined to be superior.
i. apparatus
a. The instrument shall be accurate to within 50 milliliters or within 3 percent of reading, whichever is greater.
b. The instrument should be capable of measuring vital capacity from 0 to 7 liters BTPS.
c. The instrument shall have a low inertia and offer low resistance to airflow such that the resistance to airflow at 12 liters per second must be less than 1.5 cm H2 O/(liter/sec).
d. The zero time point for the purpose of timing the FEV1 shall be determined by extrapolating the steepest portion of the volume time curve back to the maximal inspiration volume (1, 2, 3, 4) or by an equivalent method.
e. Instruments incorporating measurements of airflow to determine volume shall conform to the same volume accuracy stated in (a) of this section when presented with flow rates from at least 0 to 12 liters per second.
f. The instrument or user of the instrument must have a means of correcting volumes to body temperature saturated with water vapor (BTPS) under conditions of varying ambient spirometer temperatures and barometric pressures.
g. The instrument used shall provide a tracing or display of either flow versus volume or volume versus time during the entire forced expiration. A tracing or display is necessary to determine whether the patient has performed the test properly. The tracing must be stored and available for recall and must be of sufficient size that hand measurements may be made within requirement of paragraph (a) of this section. If a paper record is made it must have a paper speed of at least 2 cm/sec and a volume sensitivity of at least 10.0 mm of chart per liter of volume.
h. The instrument shall be capable of accumulating volume for a minimum of 10 seconds and shall not stop accumulating volume before (1) the volume change for a 0.5 second interval is less than 25 milliliters, or (2) the flow is less than 50 milliliters per second for a 0.5 second interval.
i. The forced vital capacity (FVC) and forced expiratory volume in 1 second (FEV1.0) measurements shall comply with the accuracy requirements stated in paragraph (a) of this section. That is, they should be accurately measured to within 50 ml or within 3 percent of reading, whichever is greater.
j. The instrument must be capable of being calibrated in the field with respect to the FEV1 and FVC. This calibration of the FEV1 and FVC may be either directly or indirectly through volume and time base measurements. The volume calibration source should provide a volume displacement of at least 2 liters and should be accurate to within 30 milliliters.
ii. technique for measurement of forced vital capacity maneuver
a. Use of a nose clip is recommended but not required. The procedures shall be explained in simple terms to the patient who shall be instructed to loosen any tight clothing and stand in front of the apparatus. The subject may sit, but care should be taken on repeat testing that the same position be used and, if possible, the same spirometer. Particular attention shall be given to insure that the chin is slightly elevated with the neck slightly extended. The patient shall be instructed to make a full inspiration from a normal breathing pattern and then blow into the apparatus, without interruption, as hard, fast, and completely as possible. At least three forced expirations shall be carried out. During the maneuvers, the patient shall be observed for compliance with instruction. The expirations shall be checked visually for reproducibility from flow-volume or volume-time tracings or displays. The following efforts shall be judged unacceptable when the patient:
1. Has not reached full inspiration preceding the forced expiration,
2. Has not used maximal effort during the entire forced expiration,
3. Has not continued the expiration for at least 5 seconds or until an obvious plateau in the volume time curve has occurred,
4. Has coughed or closed his glottis,
5. Has an obstructed mouthpiece or a leak around the mouthpiece (obstruction due to tongue being placed in front of mouthpiece, false teeth falling in front of mouthpiece, etc.)
6. Has an unsatisfactory start of expiration, one characterized by excessive hesitation (or false starts), and therefore not allowing back extrapolation of time 0 (extrapolated volume on the volume time tracing must be less than 10 percent of the FVC.)
7. Has an excessive variability between the three acceptable curves. The variation between the two largest FVC's and FEV1's of the three satisfactory tracings should not exceed 10 percent or 100 milliliters, whichever is greater.
b. Periodic and routine recalibration of the instrument or method for recording FVC and FEV1.0 should be performed using a syringe or other volume source of at least 2 liters.
iii. interpretation of spirogram
a. The first step in evaluating a spirogram should be to determine whether or not the patient has performed the test properly or as described in II above. From the three satisfactory tracings, the forced vital capacity (FVC) and forced expiratory volume in 1 second (FEV1.0) shall be measured and recorded. The largest observed FVC and largest observed FEV1 shall be used in the analysis regardless of the curve(s) on which they occur.
b. The following guidelines are recommended by NIOSH for the evaluation and management of workers exposed to cotton dust. It is important to note that employees who show reductions in FEV1/FVC ratio below .75 or drops in Monday FEV1 of 5 percent or greater on their initial screening exam, should be re-evaluated within a month of the first exam. Those who show consistent decrease in lung function, as shown on the following table, should be managed as recommended.
iv. qualifications of personnel administering the test
Technicians who perform pulmonary function testing should have the basic knowledge required to produce meaningful results. Training consisting of approximately 16 hours of formal instruction should cover the following areas.
a. Basic physiology of the forced vital capacity maneuver and the determinants of airflow limitation with emphasis on the relation to reproducibility of results.
b. Instrumentation requirements including calibration procedures, sources of error and their correction.
c. Performance of the testing including subject coaching, recognition of improperly performed maneuvers and corrective actions.
d. Data quality with emphasis on reproducibility.
e. Actual use of the equipment under supervised conditions.
f. Measurement of tracings and calculations of results.
Appendix E toSec. 1910.1043--Vertical Elutriator Equivalency Protocol
a. Samples to be taken--In order to ascertain equivalency, it is necessary to collect a total of 100 samples from at least 10 sites in a mill. That is, there should be 10 replicate readings at each of 10 sites. The sites should represent dust levels which vary over the allowable range of 0.5 to 2 times the permissible exposure limit. Each sample requires the use of two vertical elutriators (VE's) and at least one but not more than two alternative devices (AD's). Thus, the end result is 200 VE readings and either 100 or 200 AD readings. The 2 VE readings and the 1 or 2 AD readings at each time and site must be made simultaneously. That is, the two VE's and one or two AD's must be arranged together in such a way that they are measuring essentially the same dust levels.
b. Data averaging--The two VE readings taken at each site are then averaged. These averages are to be used as the 100 VE readings. If two alternate devices were used, their test results are also averaged. Thus, after this step is accomplished, there will be 100 VE readings and 100 AD readings.
c. Differences--For each of the 100 sets of measurements (VE and AD) the difference is obtained as the average VE reading minus the AD reading. Call these differences Di. Thus, we have. Di = VEi - ADi, i = 1,2, . . . ,100 (1)
Next we compute the arithmetic mean and standard deviations of the differences, using equations (2) and (3), respectively.[GRAPHIC] [TIFF OMITTED] TC28OC91.038
where N equals the number of differences (100 in this case), XD is the arithmetic mean and SD is the standard deviation.
We next calculate the critical value as T=KSD+[verbar]XD[verbar] where K=1.87, based on 100 samples.
d. Equivalency test. The next step is to obtain the average of the 100 VE readings. This is obtained by equation (4)[GRAPHIC] [TIFF OMITTED] TC28OC91.039
We next multiply 0.25 by XVE. If T <= 0.25 XVE, we can say that the alternate device has passed the equivalency test. [43 FR 27394, June 23, 1978; 43 FR 35035, Aug. 8, 1978, as amended at 45 FR 67340, Oct. 10, 1980; 50 FR 51173, Dec. 13, 1985; 51 FR 24325, July 3, 1986; 54 FR 24334, June 7, 1989; 61 FR 5508, Feb. 13, 1996; 63 FR 1290, Jan. 8, 1998; 65 FR 76567, Dec. 7, 2000; 70 FR 1142, Jan. 5, 2005; 71 FR 16672, 16673, Apr. 3, 2006; 71 FR 50189, Aug. 24, 2006; 73 FR 75586, Dec. 12, 2008; 76 FR 33609, June 8, 2011; 77 FR 17782, Mar. 26, 2012] Sec. 1910.1044 1,2-dibromo-3-chloropropane.
(a) Scope and application. (1) This section applies to occupational exposure to 1,2-dibromo-3-chloropropane (DBCP).
(1) This section applies to occupational exposure to 1,2-dibromo-3-chloropropane (DBCP).
(2) This section does not apply to:
(i) Exposure to DBCP which results solely from the application and use of DBCP as a pesticide; or
(ii) The storage, transportation, distribution or sale of DBCP in intact containers sealed in such a manner as to prevent exposure to DBCP vapors or liquid, except for the requirements of paragraphs (i), (n) and (o) of this section.
(b) Definitions. Authorized person means any person required by his duties to be present in regulated areas and authorized to do so by his employer, by this section, or by the Act. Authorized person also includes any person entering such areas as a designated representative of employees exercising an opportunity to observe employee exposure monitoring.
DBCP means 1,2-dibromo-3-chloropropane, Chemical Abstracts Service Registry Number 96-12-8, and includes all forms of DBCP.
Director means the Director, National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee.
Emergency means 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.
OSHA Area Office means the Area Office of the Occupational Safety and Health Administration having jurisdiction over the geographic area where the affected workplace is located.
Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or designee.
(c) Permissible exposure limit--(1) Inhalation. The employer shall assure that no employee is exposed to an airborne concentration of DBCP in excess of 1 part DBCP per billion parts of air (ppb) as an 8-hour time-weighted average.
(1) Inhalation. The employer shall assure that no employee is exposed to an airborne concentration of DBCP in excess of 1 part DBCP per billion parts of air (ppb) as an 8-hour time-weighted average.
(2) Dermal and eye exposure. The employer shall assure that no employee is exposed to eye or skin contact with DBCP.
(d) [Reserved]
(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.
(1) The employer shall establish, within each place of employment, regulated areas wherever DBCP concentrations are in excess of the permissible exposure limit.
(2) The employer shall limit access to regulated areas to authorized persons.
(f) Exposure monitoring--(1) General. (i) Determinations of airborne exposure levels shall be made from air samples that are representative of each employee's exposure to DBCP over an 8-hour period.
(1) General. (i) Determinations of airborne exposure levels shall be made from air samples that are representative of each employee's exposure to DBCP over an 8-hour period.
(i) Determinations of airborne exposure levels shall be made from air samples that are representative of each employee's exposure to DBCP over an 8-hour period.
(ii) For the purposes 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 airborne concentrations of DBCP to which employees may be exposed.
(3) Frequency. (i) If the monitoring required by this section reveals employee exposures to be at or below the permissible exposure limit, the employer must repeat these measurements at least every 6 months.
(i) If the monitoring required by this section reveals employee exposures to be at or below the permissible exposure limit, the employer must repeat these measurements at least every 6 months.
(ii) If the monitoring required by this section reveals employee exposures to be in excess of the permissible exposure limit, the employer must repeat these measurements for each such employee at least quarterly. The employer must continue quarterly monitoring until at least two consecutive measurements, taken at least seven (7) days apart, are at or below the permissible exposure limit. Thereafter the employer must monitor at least every 6 months.
(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.
(5) Employee notification. (i) The employer must, within 15 working days after the receipt of the results of any monitoring performed under this section, notify each employee of these results either individually in writing or by posting the results in an appropriate location that is accessible to employees.
(i) The employer must, within 15 working days after the receipt of the results of any monitoring performed under this section, notify each employee of these results either individually in writing or by posting the results in an appropriate location that is accessible to employees.
(ii) 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.
(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. (i) 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) of this section.
(i) 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) of this section.
(ii) The written program shall include a detailed schedule for development and implementation of the engineering and work practice controls. These plans must be revised at least annually to reflect the current status of the program.
(iii) Written plans for these compliance programs shall be submitted upon request to the Assistant Secretary and the Director, and shall be available at the worksite for examination and copying by the Assistant Secretary, the Director, and any affected employee or designated representative of employees.
(iv) The employer shall institute and maintain at least the controls described in his most recent written compliance program.
(h) Respiratory protection--(1) General. For employees who are required to use respirators by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph. Respirators must be used during:
(1) General. For employees who are required to use respirators by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph. Respirators must be used during:
(i) Periods necessary to install or implement feasible engineering and work-practice controls.
(ii) Maintenance and repair activities for which engineering and work-practice controls are not feasible.
(iii) Work operations for which feasible engineering and work-practice controls are not yet sufficient to reduce employee exposure to or below the permissible exposure limit.
(iv) Emergencies.
(2) Respirator program. The employer must implement a respiratory protection program in accordance withSec. 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m), which covers each employee required by this section to use a respirator.
(3) Respirator selection. Employers must:
(i) Select, and provide to employees, the appropriate atmosphere-supplying respirator specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.
(ii) Provide employees with one of the following respirator options to use for entry into, or escape from, unknown DBCP concentrations:
(A) 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.
(B) An SCBA with a full facepiece operated in a pressure-demand or other positive-pressure mode.
(i) Emergency situations--(1) Written plans. (i) A written plan for emergency situations shall be developed for each workplace in which DBCP is present.
(1) Written plans. (i) A written plan for emergency situations shall be developed for each workplace in which DBCP is present.
(i) A written plan for emergency situations shall be developed for each workplace in which DBCP is present.
(ii) Appropriate portions of the plan shall be implemented in the event of an emergency.
(2) Employees engaged in correcting emergency conditions shall be equipped as required in paragraphs (h) and (j) of this section until the emergency is abated.
(3) Evacuation. 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.
(4) 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.
(5) 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.
(6) Exposure monitoring. (i) Following an emergency, the employer shall conduct monitoring which complies with paragraph (f) of this section.
(i) Following an emergency, the employer shall conduct monitoring which complies with paragraph (f) of this section.
(ii) 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 equipments--(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 shall meet the requirements ofSec. 1910.133 of this part.
(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 shall meet the requirements ofSec. 1910.133 of this part.
(2) Removal and storage. (i) The employer shall assure that employees remove DBCP contaminated work clothing only in change rooms provided in accordance with paragraph (l) (1) of this section.
(i) The employer shall assure that employees remove DBCP contaminated work clothing only in change rooms provided in accordance with paragraph (l) (1) of this section.
(ii) 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.
(iii) 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, of disposal.
(iv) DBCP-contaminated protective devices and work clothing shall be placed and stored in closed containers which prevent dispersion of the DBCP outside the container.
(v) 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.
(3) Cleaning and replacement. (i) 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.
(i) 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.
(ii) The employer shall inform any person who launders or clean DBCP-contaminated protective clothing or equipment of the potentially harmful effects of exposure to DBCP.
(iii) The employer shall prohibit the removal of DBCP from protective clothing and equipment by blowing or shaking.
(k) Housekeeping--(1) Surfaces. (i) All workplace surfaces shall be maintained free of visible accumulations of DBCP.
(1) Surfaces. (i) All workplace surfaces shall be maintained free of visible accumulations of DBCP.
(i) All workplace surfaces shall be maintained free of visible accumulations of DBCP.
(ii) Dry sweeping and the use of compressed air for the cleaning of floors and other surfaces is prohibited where DBCP dusts or liquids are present.
(iii) Where vacuuming methods are selected to clean floors and other surfaces, either portable units or a permanent system may be used.
(a) 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
(b) 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)(v) of this section.
(iv) Cleaning of floors 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 paragraphs (h) and (j) of this section.
(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 paragraphs (h) and (j) of this section.
(2) Showers. (i) The employer shall assure that employees working in the regulated area shower at the end of the work shift.
(i) The employer shall assure that employees working in the regulated area shower at the end of the work shift.
(ii) 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.
(iii) The employer shall provide shower facilities in accordance with 29 CFR 1910.141(d)(3).
(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.
(4) Lavatories. (i) The employer shall assure that employees working in the regulated area remove protective clothing and wash their hands and face prior to eating.
(i) The employer shall assure that employees working in the regulated area remove protective clothing and wash their hands and face prior to eating.
(ii) The employer shall provide a sufficient number of lavatory facilities which comply with 29 CFR 1910.141(d) (1) and (2).
(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--(1) General. (i) 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.
(1) General. (i) 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.
(i) 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.
(ii) 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:
(i) A medical and occupational history including reproductive history.
(ii) A physical examination, including examination of the genito-urinary tract, testicle size and body habitus, including a determination of sperm count.
(iii) 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:
(a) Serum follicle stimulating hormone (FSH);
(b) Serum luteinizing hormone (LH); and
(c) Serum total estrogen (females).
(iv) 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:
(i) A copy of this regulation and its appendices;
(ii) A description of the affected employee's duties as they relate to the employee's exposure;
(iii) The level of DBCP to which the employee is exposed; and
(iv) A description of any personal protective equipment used or to be used.
(5) Physician's written opinion. (i) 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:
(a) The results of the medical tests performed;
(b) 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
(c) Any recommended limitations upon the employee's exposure to DBCP or upon the use of protective clothing and equipment such as respirators.
(ii) The employer shall instruct the physician not to reveal in the written opinion specific findings or diagnoses unrelated to occupational exposure.
(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 been vasectionized or is unable to produce a semen specimen, the hormone tests contained in paragraph (m)(2)(iii) of this section. The employer shall provide these same tests three months later.
(n) Employee information and training--(1) Training program. (i) The employer shall train each employee who may be exposed to DBCP in accordance with the requirements of this section. The employer shall institute a training program and ensure employee participation in the program.
(1) Training program. (i) The employer shall train each employee who may be exposed to DBCP in accordance with the requirements of this section. The employer shall institute a training program and ensure employee participation in the program.
(i) The employer shall train each employee who may be exposed to DBCP in accordance with the requirements of this section. The employer shall institute a training program and ensure employee participation in the program.
(ii) The employer shall assure that each employee is informed of the following:
(a) The information contained in appendix A;
(b) 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;
(c) The purpose, proper use, and limitations of respirators;
(d) The purpose and description of the medical surveillance program required by paragraph (m) of this section; and
(e) A review of this standard, including appendices.
(2) Access to training materials. (i) The employer shall make a copy of this standard and its appendices readily available to all affected employees.
(i) The employer shall make a copy of this standard and its appendices readily available to all affected employees.
(ii) The employer shall provide, upon request, all materials relating to the employee information and training program to the Assistant Secretary and the Director.
(o) Communication of hazards--(1) Hazard communication--general. (i) Chemical manufacturers, importers, distributors and employers shall comply with all requirements of the Hazard Communication Standard (HCS) (Sec. 1910.1200) for DBCP.
(1) Hazard communication--general. (i) Chemical manufacturers, importers, distributors and employers shall comply with all requirements of the Hazard Communication Standard (HCS) (Sec. 1910.1200) for DBCP.
(i) Chemical manufacturers, importers, distributors and employers shall comply with all requirements of the Hazard Communication Standard (HCS) (Sec. 1910.1200) for DBCP.
(ii) 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.
(iii) Employers shall include DBCP in the hazard communication program established to comply with the HCS (Sec. 1910.1200). 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.
(iv) 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.
(2) Signs. (i) The employer shall post signs to clearly indicate all regulated areas. These signs shall bear the legend: DANGER1,2-Dibromo-3-chloropropaneMAY CAUSE CANCERWEAR RESPIRATORY PROTECTION IN THIS AREAAUTHORIZED PERSONNEL ONLY
(i) The employer shall post signs to clearly indicate all regulated areas. These signs shall bear the legend: DANGER1,2-Dibromo-3-chloropropaneMAY CAUSE CANCERWEAR RESPIRATORY PROTECTION IN THIS AREAAUTHORIZED PERSONNEL ONLY
(ii) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in paragraph (o)(2) of this section: DANGER 1,2-Dibromo-3-chloropropane(Insert appropriate trade or common names)CANCER HAZARDAUTHORIZED PERSONNEL ONLYRESPIRATOR REQUIRED
(3) Labels. (i) Where DBCP or products containing DBCP are sold, distributed or otherwise leave the employer's workplace bearing appropriate labels required by EPA under the regulations in 40 CFR Part 162, the labels required by this paragraph (o)(3) need not be affixed.
(i) Where DBCP or products containing DBCP are sold, distributed or otherwise leave the employer's workplace bearing appropriate labels required by EPA under the regulations in 40 CFR Part 162, the labels required by this paragraph (o)(3) need not be affixed.
(ii) The employer shall ensure that the precautionary labels required by this paragraph (o)(3) are readily visible and legible.
(iii) 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)(v), (k)(l)(iii)(b) and (o)(1)(i) of this section: DANGER1,2-Dibromo-3-chloropropaneCANCER HAZARD
(p) Recordkeeping--(1) Exposure monitoring. (i) The employer shall establish and maintain an accurate record of all monitoring required by paragraph (f) of this section.
(1) Exposure monitoring. (i) The employer shall establish and maintain an accurate record of all monitoring required by paragraph (f) of this section.
(i) The employer shall establish and maintain an accurate record of all monitoring required by paragraph (f) of this section.
(ii) This record shall include:
(a) 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;
(b) A description of the sampling and analytical methods used;
(c) Type of respiratory protective devices worn, if any; and
(d) Name, social security number, and job classification of the employee monitored and of all other employees whose exposure the measurement is intended to represent.
(iii) 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. (i) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance required by paragraph (m) of this section.
(i) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance required by paragraph (m) of this section.
(ii) This record shall include:
(a) The name and social security number of the employee;
(b) A copy of the physician's written opinion;
(c) Any employee medical complaints related to exposure to DBCP;
(d) A copy of the information provided the physician as required by paragraphs (m)(4)(ii) through (m)(4)(iv) of this section; and
(e) A copy of the employee's medical and work history.
(iii) The employer shall maintain this record for at least 40 years or the duration of employment plus 20 years, whichever is longer.
(3) Availability. (i) The employer shall assure that all records required to be maintained by this section be made available upon request to the Assistant Secretary and the Director for examination and copying.
(i) The employer shall assure that all records required to be maintained by this section be made available upon request to the Assistant Secretary and the Director for examination and copying.
(ii) Employee exposure monitoring records and employee medical records required by this paragraph shall be provided upon request to employees, designated representatives, and the Assistant Secretary in accordance with 29 CFR 1910.1020 (a) through (e) and (g) through (i).
(4) Transfer of records. (i) If the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by paragraph (p) of this section for the prescribed period.
(i) If the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by paragraph (p) of this section for the prescribed period.
(ii) The employer shall also comply with any additional requirements involving transfer of records set forth in 29 CFR 1910.1020(h).
(q) Observation of monitoring--(1) Employee observation. The employer shall provide affected employees, or their designated representatives, with an opportunity to observe any monitoring of employee exposure to DBCP required by this section.
(1) Employee observation. The employer shall provide affected employees, or their designated representatives, with an opportunity to observe any monitoring of employee exposure to DBCP required by this section.
(2) Observation procedures. (i) Whenever observation of the measuring or monitoring of employee exposure to DBCP requires entry into an area where the use of protective clothing or equipment is required, 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.
(i) Whenever observation of the measuring or monitoring of employee exposure to DBCP requires entry into an area where the use of protective clothing or equipment is required, 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.
(ii) Without interfering with the monitoring or measurement, observers shall be entitled to:
(a) Receive an explanation of the measurement procedures;
(b) Observe all steps related to the measurement of airborne concentrations of DBCP performed at the place of exposure; and
(c) Record the results obtained.
(r) Appendices. The information contained in the appendices is not intended, by itself, to create any additional obligations not otherwise imposed or to detract from any existing obligation.
Appendix A toSec. 1910.1044--Substance Safety Data Sheet For DBCP
i. Substance Identification
A. Synonyms and trades names: DBCP; Dibromochloropropane; Fumazone (Dow Chemical Company TM); Nemafume; Nemagon (Shell Chemical Co. TM); Nemaset; BBC 12; and OS 1879.
B. Permissible exposure:
1. Airborne. 1 part DBCP vapor per billion parts of air (1 ppb); time-weighted average (TWA) for an 8-hour workday.
2. Dermal. Eye contact and skin contact with DBCP are prohibited.
C. Appearance and odor: Technical grade DBCP is a dense yellow or amber liquid with a pungent odor. It may also appear in granular form, or blended in varying concentrations with other liquids.
D. Uses: DBCP is used to control nematodes, very small worm-like plant parasites, on crops including cotton, soybeans, fruits, nuts, vegetables and ornamentals.
ii. Health Hazard Data
A. Routes of entry: Employees may be exposed:
1. Through inhalation (breathing);
2. Through ingestion (swallowing);
3. Skin contact; and
4. Eye contact.
B. Effects of exposure:
1. Acute exposure. DBCP may cause drowsiness, irritation of the eyes, nose, throat and skin, nausea and vomiting. In addition, overexposure may cause damage to the lungs, liver or kidneys.
2. Chronic exposure. Prolonged or repeated exposure to DBCP has been shown to cause sterility in humans. It also has been shown to produce cancer and sterility in laboratory animals and has been determined to constitute an increased risk of cancer in man.
3. Reporting Signs and Symptoms. If you develop any of the above signs or symptoms that you think are caused by exposure to DBCP, you should inform your employer.
iii. Emergency First Aid Procedures
A. Eye exposure. If DBCP liquid or dust containing DBCP gets into your eyes, wash your eyes immediately with large amounts of water, lifting the lower and upper lids occasionally. Get medical attention immediately. Contact lenses should not be worn when working with DBCP.
B. Skin exposure. If DBCP liquids or dusts containing DBCP get on your skin, immediately wash using soap or mild detergent and water. If DBCP liquids or dusts containing DBCP penetrate through your clothing, remove the clothing immediately and wash. If irritation is present after washing get medical attention.
C. Breathing. If you or any person breathe in large amounts of DBCP, move the exposed person to fresh air at once. If breathing has stopped, perform artificial respiration. Do not use mouth-to-mouth. Keep the affected person warm and at rest. Get medical attention as soon as possible.
D. Swallowing. When DBCP has been swallowed and the person is conscious, give the person large amounts of water immediately. After the water has been swallowed, try to get the person to vomit by having him touch the back of his throat with his finger. Do not make an unconscious person vomit. Get medical attention immediately.
E. Rescue. Notify someone. Put into effect the established emergency rescue procedures. Know the locations of the emergency rescue equipment before the need arises.
iv. Respirators and Protective Clothing
A. Respirators. You may be required to wear a respirator in emergencies and while your employer is in the process of reducing DBCP exposures through engineering controls. If respirators are worn, they must have a National Institute for Occupational Safety and Health (NIOSH) approval label (Older respirators may have a Bureau of Mines Approval label). For effective protection, a respirator must fit your face and head snugly. The respirator should not be loosened or removed in work situations where its use is required. DBCP does not have a detectable odor except at 1,000 times or more above the permissible exposure limit. If you can smell DBCP while wearing a respirator, the respirator is not working correctly; go immediately to fresh air. If you experience difficulty breathing while wearing a respirator, tell your employer.
B. Protective clothing. When working with DBCP you must wear for your protection impermeable work clothing provided by your employer. (Standard rubber and neoprene protective clothing do not offer adequate protection).
DBCP must never be allowed to remain on the skin. Clothing and shoes must not be allowed to become contaminated with DBCP, and if they do, they must be promptly removed and not worn again until completely free of DBCP. Turn in impermeable clothing that has developed leaks for repair or replacement.
C. Eye protection. You must wear splash-proof safety goggles where there is any possibility of DBCP liquid or dust contacting your eyes.
v. Precautions for Safe Use, Handling, and Storage
A. DBCP must be stored in tightly closed containers in a cool, well-ventilated area.
B. If your work clothing may have become contaminated with DBCP, or liquids or dusts containing DBCP, you must change into uncontaminated clothing before leaving the work premises.
C. You must promptly remove any protective clothing that becomes contaminated with DBCP. This clothing must not be reworn until the DBCP is removed from the clothing.
D. If your skin becomes contaminated with DBCP, you must immediately and thoroughly wash or shower with soap or mild detergent and water to remove any DBCP from your skin.
E. You must not keep food, beverages, cosmetics, or smoking materials, nor eat or smoke, in regulated areas.
F. If you work in a regulated area, you must wash your hands thoroughly with soap or mild detergent and water, before eating, smoking or using toilet facilities.
G. If you work in a regulated area, you must remove any protective equipment or clothing before leaving the regulated area.
H. Ask your supervisor where DBCP is used in your work area and for any additional safety and health rules.
vi. Access to Information
A. Each year, your employer is required to inform you of the information contained in this Substance Safety Data Sheet for DBCP. In addition, your employer must instruct you in the safe use of DBCP, emergency procedures, and the correct use of protective equipment.
B. Your employer is required to determine whether you are being exposed to DBCP. You or your representative have the right to observe employee exposure measurements and to record the result obtained. Your employer is required to inform you of your exposure. If your employer determines that you are being overexposed, he is required to inform you of the actions which are being taken to reduce your exposure.
C. Your employer is required to keep records of your exposure and medical examinations. Your employer is required to keep exposure and medical data for at least 40 years or the duration of your employment plus 20 years, whichever is longer.
D. Your employer is required to release exposure and medical records to you, your physician, or other individual designated by you upon your written request.
Appendix B toSec. 1910.1044--Substance Technical Guidelines for DBCP
i. Physical and Chemical Data
A. Substance Identification
1. Synonyms: 1,2-dibromo-3-chloropropane; DBCP, Fumazone; Nemafume; Nemagon; Nemaset; BBC 12; OS 1879. DBCP is also included in agricultural pesticides and fumigants which include the phrase ``Nema--'' in their name.
2. Formula: C3H5Br2 C1.
3. Molecular Weight: 236.
B. Physical Data:
1. Boiling point (760 mm HG): 195C (383F)
2. Specific gravity (water=1): 2.093.
3. Vapor density (air=1 at boiling point of DBCP): Data not available.
4. Melting point: 6C (43F).
5. Vapor pressure at 20C (68F): 0.8 mm Hg
6. Solubility in water: 1000 ppm.
7. Evaporation rate (Butyl Acetate=1): very much less than 1.
8. Appearance and odor: Dense yellow or amber liquid with a pungent odor at high concentrations. Any detectable odor of DBCP indicates overexposure.
ii. Fire Explosion and Reactivity Hazard Data
A. Fire
1. Flash point: 170F (77C)
2. Autoignition temperature: Data not available.
3. Flammable limits in air, percent by volume: Data not available.
4. Extinguishing media: Carbon dioxide, dry chemical.
5. Special fire-fighting procedures: Do not use a solid stream of water since a stream will scatter and spread the fire. Use water spray to cool containers exposed to a fire.
6. Unusual fire and explosion hazards: None known.
7. For purposes of complying with the requirements ofSec. 1910.106, liquid DBCP is classified as a Category 4 flammable liquid.
8. For the purpose of complying withSec. 1910.309, the classification of hazardous locations as described in article 500 of the National Electrical Code for DBCP shall be Class I, Group D.
9. For the purpose of compliance withSec. 1910.157, DBCP is classified as a Class B fire hazard.
10. For the purpose of compliance withSec. 1910.178, locations classified as hazardous locations due to the presence of DBCP shall be Class I, Group D.
11. Sources of ignition are prohibited where DBCP presents a fire or explosion hazard.
B. Reactivity
1. Conditions contributing to instability: None known.
2. Incompatibilities: Reacts with chemically active metals, such as aluminum, magnesium and tin alloys.
3. Hazardous decomposition products: Toxic gases and vapors (such as HBr, HCl and carbon monoxide) may be released in a fire involving DBCP.
4. Special precautions: DBCP will attack some rubber materials and coatings.
iii. Spill, Leak and Disposal Procedures
A. If DBCP is spilled or leaked, the following steps should be taken:
1. The area should be evacuated at once and re-entered only after thorough ventilation.
2. Ventilate area of spill or leak.
3. If in liquid form, collect for reclamation or absorb in paper, vermiculite, dry sand, earth or similar material.
4. If in solid form, collect spilled material in the most convenient and safe manner for reclamation or for disposal.
B. Persons not wearing protective equipment must be restricted from areas of spills or leaks until cleanup has been completed.
C. Waste Disposal Methods:
1. For small quantities of liquid DBCP, absorb on paper towels, remove to a safe place (such as a fume hood) and burn the paper. Large quantities can be reclaimed or collected and atomized in a suitable combustion chamber equipped with an appropriate effluent gas cleaning device. If liquid DBCP is absorbed in vermiculite, dry sand, earth or similar material and placed in sealed containers it may be disposed of in a State-approved sanitary landfill.
2. If in solid form, for small quantities, place on paper towels, remove to a safe place (such as a fume hood) and burn. Large quantities may be reclaimed. However, if this is not practical, dissolve in a flammable solvent (such as alcohol) and atomize in a suitable combustion chamber equipped with an appropriate effluent gas cleaning device. DBCP in solid form may also be disposed in a state-approved sanitary landfill.
iv. Monitoring and Measurement Procedures
A. Exposure above the permissible exposure limit.
1. Eight Hour Exposure Evaluation: Measurements taken for the purpose of determining employee exposure under this section are best taken so that the average 8-hour exposure may be determined from a single 8-hour sample or two (2) 4-hour samples. Air samples should be taken in the employee's breathing zone (air that would most nearly represent that inhaled by the employee).
2. Monitoring Techniques: The sampling and analysis under this section may be performed by collecting the DBCP vapor on petroleum based charcoal absorption tubes with subsequent chemical analyses. The method of measurement chosen should determine the concentration of airborne DBCP at the permissible exposure limit to an accuracy of plus or minus 25 percent. If charcoal tubes are used, a total volume of 10 liters should be collected at a flow rate of 50 cc. per minute for each tube. Analyze the resultant samples as you would samples of halogenated solvent.
B. Since many of the duties relating to employee protection are dependent on the results of monitoring and measuring procedures, employers should assure that the evaluation of employee exposures is performed by a competent industrial hygienist or other technically qualified person.
v. Protective Clothing
Employees should be required to wear appropriate protective clothing to prevent any possibility of skin contact with DBCP. Because DBCP is absorbed through the skin, it is important to prevent skin contact with both liquid and solid forms of DBCP. Protective clothing should include impermeable coveralls or similar fullbody work clothing, gloves, headcoverings, and workshoes or shoe coverings. Standard rubber and neoprene gloves do not offer adequate protection and should not be relied upon to keep DBCP off the skin. DBCP should never be allowed to remain on the skin. Clothing and shoes should not be allowed to become contaminated with the material, and if they do, they should be promptly removed and not worn again until completely free of the material. Any protective clothing which has developed leaks or is otherwise found to be defective should be repaired or replaced. Employees should also be required to wear splash-proof safety goggles where there is any possibility of DBCP contacting the eyes.
vi. Housekeeping and Hygiene Facilities
1. The workplace must be kept clean, orderly and in a sanitary condition;
2. Dry sweeping and the use of compressed air is unsafe for the cleaning of floors and other surfaces where DBCP dust or liquids are found. To minimize the contamination of air with dust, vacuuming with either portable or permanent systems must be used. If a portable unit is selected, the exhaust must 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 contamination removal and not used for other purposes. Units used to collect DBCP must be labeled.
3. Adequate washing facilities with hot and cold water must be provided, and maintained in a sanitary condition. Suitable cleansing agents should also be provided to assure the effective removal of DBCP from the skin.
4. Change or dressing rooms with individual clothes storage facilities must be provided to prevent the contamination of street clothes with DBCP. Because of the hazardous nature of DBCP, contaminated protective clothing must be stored in closed containers for cleaning or disposal.
vii. Miscellaneous Precautions
A. Store DBCP in tightly closed containers in a cool, well ventilated area.
B. Use of supplied-air suits or other impervious clothing (such as acid suits) may be necessary to prevent skin contact with DBCP. Supplied-air suits should be selected, used, and maintained under the supervision of persons knowlegeable in the limitations and potential life-endangering characteristics of supplied-air suits.
C. The use of air-conditioned suits may be necessary in warmer climates.
D. Advise employees of all areas and operations where exposure to DBCP could occur.
viii. Common Operations
Common operations in which exposure to DBCP is likely to occur are: during its production; and during its formulation into pesticides and fumigants.
Appendix C toSec. 1910.1044--Medical Surveillance Guidelines For DBCP
i. Route of Entry
Inhalation; skin absorption
ii. Toxicology
Recent data collected on workers involved in the manufacture and formulation of DBCP has shown that DBCP can cause sterility at very low levels of exposure. This finding is supported by studies showing that DBCP causes sterility in animals. Chronic exposure to DBCP resulted in pronounced necrotic action on the parenchymatous organs (i.e., liver, kidney, spleen) and on the testicles of rats at concentrations as low as 5 ppm. Rats that were chronically exposed to DBCP also showed changes in the composition of the blood, showing low RBC, hemoglobin, and WBC, and high reticulocyte levels as well as functional hepatic disturbance, manifesting itself in a long prothrombin time. Reznik et al. noted a single dose of 100 mg produced profound depression of the nervous system of rats. Their condition gradually improved. Acute exposure also resulted in the destruction of the sex gland activity of male rats as well as causing changes in the estrous cycle in female rats. Animal studies have also associated DBCP with an increased incidence of carcinoma. Olson, et al. orally administered DBCP to rats and mice 5 times per week at experimentally predetermined maximally tolerated doses and at half those doses. As early as ten weeks after initiation of treatment, DBCP induced a high incidence of squamous cell carcinomas of the stomach with metastases in both species. DBCP also induced mammary adenocarcinomas in the female rats at both dose levels.
iii. Signs and Symptoms
A. Inhalation: Nausea, eye irritation, conjunctivitis, respiratory irritation, pulmonary congestion or edema, CNS depression with apathy, sluggishness, and ataxia.
B. Dermal: Erythema or inflammation and dermatitis on repeated exposure.
iv. Special Tests
A. Semen analysis: The following information excerpted from the document ``Evaluation of Testicular Function'', submitted by the Corporate Medical Department of the Shell Oil Company (exhibit 39-3), may be useful to physicians conducting the medical surveillance program;
In performing semen analyses certain minimal but specific criteria should be met:
1. It is recommended that a minimum of three valid semen analyses be obtained in order to make a determination of an individual's average sperm count.
2. A period of sexual abstinence is necessary prior to the collection of each masturbatory sample. It is recommended that intercourse or masturbation be performed 48 hours before the actual specimen collection. A period of 48 hours of abstinence would follow; then the masturbatory sample would be collected.
3. Each semen specimen should be collected in a clean, widemouthed, glass jar (not necessarily pre-sterilized) in a manner designated by the examining physician. Any part of the seminal fluid exam should be initialed only after liquifaction is complete, i.e., 30 to 45 minutes after collection.
4. Semen volume should be measured to the nearest \1/10\ of a cubic centimeter.
5. Sperm density should be determined using routine techniques involving the use of a white cell pipette and a hemocytometer chamber. The immobilizing fluid most effective and most easily obtained for this process is distilled water.
6. Thin, dry smears of the semen should be made for a morphologic classification of the sperm forms and should be stained with either hematoxalin or the more difficult, yet more precise, Papanicolaou technique. Also of importance to record is obvious sperm agglutination, pyospermia, delayed liquifaction (greater than 30 minutes), and hyperviscosity. In addition, pH, using nitrazine paper, should be determined.
7. A total morphology evaluation should include percentages of the following:
a. Normal (oval) forms,
b. Tapered forms,
c. Amorphous forms (include large and small sperm shapes),
d. Duplicated (either heads or tails) forms, and
e. Immature forms.
8. Each sample should be evaluated for sperm viability (percent viable sperm moving at the time of examination) as well as sperm motility (subjective characterization of ``purposeful forward sperm progression'' of the majority of those viable sperm analyzed) within two hours after collection, ideally by the same or equally qualified examiner.
B. Serum determinations: The following serum determinations should be performed by radioimmuno-assay techniques using National Institutes of Health (NIH) specific antigen or antigen preparations of equivalent sensitivity:
1. Serum follicle stimulating hormone (FSH);
2. Serum luteinizing hormone (LH); and
3. Serum total estrogen (females only).
v. Treatment
Remove from exposure immediately, give oxygen or artificial resuscitation if indicated. Contaminated clothing and shoes should be removed immediately. Flush eyes and wash contaminated skin. If swallowed and the person is conscious, induce vomiting. Recovery from mild exposures is usually rapid and complete.
vi. Surveillance and Preventive Considerations
A. Other considerations. DBCP can cause both acute and chronic effects. It is important that the physician become familiar with the operating conditions in which exposure to DBCP occurs. Those with respiratory disorders may not tolerate the wearing of negative pressure respirators.
B. Surveillance and screening. Medical histories and laboratory examinations are required for each employee subject to exposure to DBCP. The employer should screen employees for history of certain medical conditions (listed below) which might place the employee at increased risk from exposure.
1. Liver disease. The primary site of biotransformation and detoxification of DBCP is the liver. Liver dysfunctions likely to inhibit the conjugation reactions will tend to promote the toxic actions of DBCP. These precautions should be considered before exposing persons with impaired liver function to DBCP.
2. Renal disease. Because DBCP has been associated with injury to the kidney it is important that special consideration be given to those with possible impairment of renal function.
3. Skin desease. DBCP can penetrate the skin and can cause erythema on prolonged exposure. Persons with pre-existing skin disorders may be more susceptible to the effects of DBCP.
4. Blood dyscrasias. DBCP has been shown to decrease the content of erythrocytes, hemoglobin, and leukocytes in the blood, as well as increase the prothrombin time. Persons with existing blood disorders may be more susceptible to the effects of DBCP.
5. Reproductive disorders. Animal studies have associated DBCP with various effects on the reproductive organs. Among these effects are atrophy of the testicles and changes in the estrous cycle. Persons with pre-existing reproductive disorders may be at increased risk to these effects of DBCP.
References
1. Reznik, Ya. B. and Sprinchan, G. K.: Experimental Data on the Gonadotoxic effect of Nemagon, Gig. Sanit., (6), 1975, pp. 101-102, (translated from Russian).
2. Faydysh, E. V., Rakhmatullaev, N. N. and Varshavskii, V. A.: The Cytotoxic Action of Nemagon in a Subacute Experiment, Med. Zh. Uzbekistana, (No. 1), 1970, pp. 64-65, (translated from Russian).
3. Rakhmatullaev, N. N.: Hygienic Characteristics of the Nematocide Nemagon in Relation to Water Pollution Control, Hyg. Sanit., 36(3), 1971, pp. 344-348, (translated from Russian).
4. Olson, W. A. et al.: Induction of Stomach Cancer in Rats and Mice by Halogenated Aliphatic Fumigants, Journal of the National Cancer Institute, (51), 1973, pp. 1993-1995.
5. Torkelson, T. R. et al.: Toxicologic Investigations of 1,2-Dibromo-3-chloropropane, Toxicology and Applied Pharmacology, 3, 1961 pp. 545-559. [43 FR 11527, Mar. 17, 1978, as amended at 45 FR 35283, May 23, 1980; 49 FR 18295, Apr. 30, 1984; 54 FR 24334, June 7, 1989; 58 FR 35310, June 30, 1993; 61 FR 5508, Feb. 13, 1996; 63 FR 1291, Jan. 8, 1998; 70 FR 1142, Jan. 5, 2005; 71 FR 16772, Apr. 3, 2006; 71 FR 50189, Aug. 24, 2006; 73 FR 75586, Dec. 12, 2008; 76 FR 33609, June 8, 2011; 77 FR 17782, Mar. 26, 2012; 78 FR 9313, Feb. 8, 2013]