California Code of Regulations, Title 8 Construction Safety Orders and Electrical Safety Orders
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Subchapter 4. Construction Safety Orders
Article 1. Introduction
§1500 Title [Repealed]
§1501 Superseded Orders [Repealed]
§1502 Application
(a) These Orders establish minimum safety standards whenever employment exists in connection with the construction, alteration, painting, repairing, construction maintenance, renovation, removal, or wrecking of any fixed structure or its parts. These Orders also apply to all excavations not covered by other safety orders for a specific industry or operation. [§1502(a)]
(b) At construction projects, these Orders take precedence over any other general orders that are inconsistent with them, except for Tunnel Safety Orders or the Pressurized Worksite Standards in Article 154 of the General Industry Safety Orders. [§1502(b)]
(c) Machines, equipment, processes, and operations not specifically covered by these Orders shall be governed by other applicable general Safety Orders. [§1502(c)]
§1502.1 OSHA Standards [Repealed]
§1503 Permits for Excavations, Trenches, Construction, (Building Structure, Scaffolding or Falsework), and Demolition. [Repealed]
Note: Permit requirements of the Division of Occupational Safety and Health are contained in Chapter 3.2, Group 2, Title 8, CAC.
Article 2. Definitions
§1504 Definitions
(a) The following definitions shall apply in the application of these Orders. [§1504(a)]
Access. A means of reaching a workspace or a work area.
Accessible. Within reach from a workspace or work area.
Adequate Ventilation. Ventilation which, under normal operating conditions, is sufficient to keep the concentration of a hazardous gas, vapor, mist, fume or dust below the amount which will produce harmful effects or below 20 percent of the lower explosive limit, whichever is lower.
Anchorage. A secure point of attachment for lifelines, lanyards or deceleration devices.
Approved. See Section 1505.
Body Belt. A simple or compound strap with means for securing it about the waist and for securing a lanyard to it.
Body Harness. Straps which may be secured about the employee in a manner that will distribute the fall arrest forces over at least the thighs, pelvis, waist, chest and shoulders with means for attaching it to other components of a personal fall arrest system.
Buckle. Any device for holding the body belt or body harness closed around the employee's body.
Bulldozer. A tractor having a blade in front for moving earth or other materials.
Bull Float. A tool used to spread out and smooth a concrete surface.
Carryall. A self-loading and unloading vehicle pulled by a tractor or powered attachment, and used for movement and placing of earth or other materials.
Certified Safety Professional or CSP. A safety professional who has met education and experience standards, has demonstrated by examination the knowledge that applies to professional safety practice, continues to meet recertification requirements established by the Board of Certified Safety Professionals (BCSP), and is authorized by BCSP to use the Certified Safety Professional designation.
Closed Container. A container as herein defined, so sealed by means of a lid or other device that neither liquid nor vapor will escape from it at ordinary temperatures.
Combustible Liquid. A liquid having a flash point greater than 199.4°F (93°C) (formerly designated Class IIIB Combustible liquids).
Competent Person. One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.
Connector. A device which is used to couple (connect) parts of the personal fall arrest system and positioning device systems together. It may be an independent component of the system, such as a carabiner, or it may be an integral component of part of
the system (such as a buckle or dee-ring sewn into a body belt or body harness, or a snap-hook spliced or sewn to a lanyard or selfretracting lanyard).
Contaminant. A harmful, irritating or nuisance material that is foreign to the environment.
Note: For definition of "harmful exposure" refer to Section 5140 of General Industry Safety Orders.
Controlled Access Zone (CAZ). An area in which certain work may take place without the use of guardrails, personal fall arrest systems, or safety nets and access to the zone is controlled.
Coon. To straddle and move horizontally on a beam while walking on the bottom flanges.
Crawling Board (Chicken Ladder). A plank with cleats spaced and secured at equal intervals and used by workers on roofs as a means of access.
Dangerous Equipment. Equipment (such as pickling or galvanizing tanks, degreasing units, machinery, electrical equipment, and other construction related equipment such as hoppers and conveyors) which, as a result of form or function, may be hazardous to employees who fall onto or into such equipment.
Deceleration Device. Any mechanism, such as a rope grab, ripstitch lanyard, specially-woven lanyard, tearing or deforming lanyards, automatic self-retracting lifelines/lanyards, etc., which serves to dissipate a substantial amount of energy during a fall arrest, or otherwise limit the energy imposed on an employee during fall arrest.
Deceleration Distance. The additional vertical distance a falling employee travels, excluding lifeline elongation and free fall distance, before stopping, from the point at which the deceleration device begins to operate. It is measured as the distance between the location of an employee's body belt or body harness attachment point at the moment of activation (at the onset of fall arrest forces) of the deceleration device during a fall, and the location of that attachment point after the employee comes to a full stop.
Defect. Any characteristic or condition which tends to weaken or reduce the strength or the safety of the tool, machine, object, or structure of which it is a part.
Division. The current Division of Occupational Safety and Health or any of its predecessors including the former Division of Industrial Safety or the Division of Occupational Safety and Health Administration. Reference to the former Division of Industrial Safety or Division of Occupational Safety and Health Administration in these Orders is meant to refer to their successor, the Division of Occupational Safety and Health, or any subsequent successor agency.
Drop Line (Safety Line). A vertical line from a fixed anchorage, independent of the work surface, to which the lanyard is affixed. Elevator, Construction. Any means used to hoist persons or material of any kind on a building under course of construction, when operated within guides, by any power other than muscular power.
Emergency Medical Services.
(A) Appropriately Trained Person. A physician or registered nurse currently licensed in California or a person possessing a current certificate (training within the past three years or as specifically stated on the certificate) from the American National Red Cross or equivalent training that can be likewise verified. Acceptable Red Cross certificates are those from the Standard First-Aid Multimedia, Standard First Aid and Personal Safety, or Advanced First Aid and Emergency Care courses.
Note: Equivalent training includes, but is not limited to, training which is equivalent to that provided by the American National Red Cross, or training required for certification as mobile intensive care paramedics as provided under Chapter 2.5, Article 3, Sections 1480 through 1484.4 of the California Health and Safety Code; and, courses that are given by nationally recognized voluntary health organizations, official agencies, such as Mine Safety and Health Administration, or accredited teaching institutions.
(B) Emergency Medical Services. The communications, transportation and medical and related services, such as first aid, rendered in response to the individual need for immediate medical care in order to reduce or prevent suffering and disability and reduce the incidence of death.
(C) First Aid. The recognition of, and prompt care for injury or sudden illness prior to the availability of medical care by licensed health-care personnel.
Employer.
(A) The State and every State agency.
(B) Each county, city, district, and all public and quasi-public corporations and public agencies therein.
(C) Every person including any public service corporation which has any natural person in service.
(D) The legal representative of any deceased employer.
Subchapter 4. Construction Safety Orders
(B) Scaffold, Engineered. Scaffold designed by a Civil Engineer currently registered in the State of California and experienced in scaffold design.
(C) Scaffold, Light-Duty. A scaffold designed and constructed to carry a working load of 25 pounds per square foot of scaffold platform, including weight of materials and workers on the platform.
Note: Load requirements for light-duty interior scaffolds are contained in Section 1640(c)(1).
(D) Scaffold, Medium-Duty. A scaffold designed and constructed to carry a working load of 50 pounds per square foot of scaffold platform, including weight of materials and workers on the platform.
(E) Scaffold, Heavy-Duty. A scaffold designed and constructed to carry a working load of 75 pounds per square foot of scaffold platform, including weight of materials and workers on the platform.
(F) Scaffold, Special-Duty. A scaffold designed and constructed to carry a working load that exceeds 75 pounds per square foot of scaffold platform, including weight of materials and workers on the platform.
(G) Ledger. The horizontal member of a scaffold that runs at right angles to the wall and directly supports the planking of the platform.
(H) Ribbon. The horizontal member in a scaffold which runs from upright to upright parallel to the building and is normally placed directly under the ledger.
(I) Uprights. The vertical members of a pole scaffold, such as posts, poles, or columns.
(J) Scaffold, Outrigger. A scaffold not suspended by ropes, that is supported by outrigger beams cantilevered out from the structure to which they are anchored.
(K) Scaffold, Suspended. A scaffold suspended from above by ropes or cables and rigged with pulley blocks, winches, or equivalent, so that the scaffold elevation is easily adjustable.
(L) Scaffold, Suspended, Power-Driven. Any suspended scaffold equipped with 1 or more power units for raising or lowering that are a part of and travel with the scaffold.
(M) Thrust-Out. The beam extending out from a structure to support a suspended scaffold.
(N) Stud Jack. A scaffold device of metal with saw-like teeth that grip the stud when the load is applied, and having a cantilevered ledger for the support of a working platform.
(O) Catenary or Stretch Cables. Cables for the support of staging, that are secured at each end and extend in a nearly horizontal plane. The staging is placed on and supported by these cables.
(P) Boatswain's Chair. A seat which may be raised or lowered by means of attached rigging which suspends it and the seated worker from above.
(Q) Working Load. Load imposed by workers, materials and equipment.
(R) Brace. A tie that holds one scaffold member in a fixed position with respect to another.
(S) Coupler. A device for locking together the component parts of a tubular metal scaffold. (The material used for the couplers shall be of a structural type, such as drop-forged steel, malleable iron, or structural grade aluminum.)
(T) Maximum Rated Load. The total of all loads including the working load, the weight of the scaffold, and such other loads that may be reasonably anticipated.
(U) Scaffold, Bricklayer's Square. A scaffold composed of framed wood squares which support a platform.
(V) Scaffold, Carpenter's Bracket. A scaffold consisting of wood or metal brackets that support a platform.
(W) Scaffold, Float. A scaffold hung from overhead supports by means of ropes and usually consisting of a 3/4-inch plywood platform supported by 2 securely fastened bearers.
(X) Scaffold, Horse. A scaffold composed of horses supporting a work platform.
(Y) Scaffold, Interior Hung. A scaffold suspended from the ceiling or roof structure.
(Z) Scaffold, Ladder Jack. A light trade scaffold supported by brackets attached to ladders.
(AA) Scaffold, Manually Propelled Mobile. (See Rolling Scaffold.)
(BB) Scaffold, Needle Beam. (See Outrigger Scaffold.)
(CC) Scaffold, Pole. A scaffold built of one or two rows of vertical members, horizontal ledgers, platform planks, ribbons and braces.
(DD) Scaffold, Rolling. A portable rolling scaffold supported by caster wheels.
(EE) Scaffold, Tube and Coupler. An assembly consisting of tubing which serves as posts, ledgers, ribbons, ties and braces, a base supporting the posts, and special couplers which serve to connect the uprights and to join the various members.
(FF) Scaffold, Tubular Welded Frame. A sectional panel or frame metal scaffold substantially built-up of prefabricated, welded sections which consist of posts and horizontal ledgers with intermediate members.
(GG) Scaffold, Window Jack. A scaffold, the platform of which is supported by a bracket or jack which projects through a window opening.
(HH) Scaffold, Wooden Pole. A scaffold built of one or two rows of vertical members (uprights), horizontal ledgers, platform planks, ribbons and braces. A single pole scaffold consists of one row of uprights and a double pole scaffold consists of two rows of uprights. Shall. Mandatory.
Sheet Pile. A pile, or sheeting, that may form one of a continuous interlocking line, or a row of timber, concrete, or steel piles, driven in close contact to provide a tight wall to resist the lateral pressure of water, adjacent earth, or other materials.
Shore. A supporting member that resists a compressive force imposed by a load.
Should. Recommended.
Side Pull or Side Loading. A load applied at any angle to the vertical plane of the boom.
Skip. A container with sides in which materials are hoisted.
Snaphook. A connector comprised of a hook-shaped member with a normally closed keeper, or similar arrangement, which may be opened to permit the hook to receive an object and, when released, automatically closes to retain the object.
Stairs, Stairways. A series of steps and landings having 2 or more risers leading from one level or floor to another.
Standard. Standard as referred to ladders, ROPS, railings, etc., means as described elsewhere in the Orders, ultimately based upon standards established by ANSI, SAE, engineers competent in specialized fields, equipment manufacturers and other duly recognized authorities.
Standing Rope (Guy). A supporting rope which maintains a constant distance between the points of attachment to the two components connected by the rope.
Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than 6 feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar or unused underfloor space shall be considered as a story.
Structural Competence. The ability of the machine and its components to withstand the stresses imposed by applied loads.
Structure. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
Toeboard. A barrier secured along the sides and ends of a platform at the platform level used to guard against the falling of material.
Trench Jack. Screw, pneumatic or hydraulic type jacks used as cross bracing in a trench shoring system.
Trench Shield. A shoring system composed of plates and bracing, welded or bolted together, which can safely support the walls of a trench from the ground level to the trench bottom and which can be moved along as work progresses.
Unprotected Sides and Edges. Any side or edge (except at entrances to points of access) of a walking/working surface, e.g., floor, roof, ramp, or runway where there is no wall or standard guardrail or protection provided.
Vertical Slip Forms. Forms which are jacked vertically during placement of concrete.
Wall opening. A gap or void 30 inches or more high and 18 inches or more wide, in a wall or partition, through which employees can fall to a lower level.
§1505 Approvals
(a) Approvals. [§1505(a)]
(1) When the term "approved" is used in these orders, it shall refer to products, materials, devices, systems, or installations that have been approved, listed, labeled, or certified as conforming to applicable governmental or other nationally recognized standards, or applicable scientific principles. The approval, listing, labeling, or certification of conformity, shall be based upon an evaluation performed by a person, firm, or entity with appropriate registered engineering competence or by a person, firm, or entity, independent of the manufacturer or supplier of the product, with demonstrated competence in the field of such evaluation. [§1505(a)(1)]
Exception: Where written approval by the Division is required in these orders.
(2) The term "approved" shall also refer to products, materials, devices, systems, or installations that have been approved, listed, labeled, or certified by a Nationally Recognized Testing Laboratory (NRTL). [§1505(a)(2)]
(b) The division may require proof in addition to that under (a) that the products, materials, devices, systems, or installations will provide reasonable safety under the conditions of use. [§1505(b)]
(c) When these orders require an approval of products, materials, devices, systems, or installations and that approval is not available under (a), it will be necessary to submit to the division engineering calculations, stress analyses, and other data for each design, model, or make for which an approval is requested. The division will then approve or disapprove the product, material, device, system, or installation as submitted or under specified conditions. [§1505(c)]
Article 3. General
§1508 Permits [Repealed]
§1509 Injury and Illness Prevention Program
(a) Every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program in accordance with Section 3203 of the General Industry Safety Orders. [§1509(a)]
(b) Every employer shall adopt a written Code of Safe Practices which relates to the employer's operations. The Code shall contain language equivalent to the relevant parts of Plate A-3 of the Appendix. [§1509(b)]
(c) The Code of Safe Practices shall be posted at a conspicuous location at each job site office or be provided to each supervisory employee who shall have it readily available. [§1509(c)]
(d) Periodic meetings of supervisory employees shall be held under the direction of management for the discussion of safety problems and accidents that have occurred. [§1509(d)]
(e) Supervisory employees shall conduct "toolbox" or "tailgate" safety meetings, or equivalent, with their crews at least every 10 working days to emphasize safety. [§1509(e)]
§1510 Safety Instructions for Employees
(a) When workers are first employed they shall be given instructions regarding the hazards and safety precautions applicable to the type of work in question and directed to read the Code of Safe Practices. [§1510(a)]
(b) The employer shall permit only qualified persons to operate equipment and machinery. [§1510(b)]
(c) Where employees are subject to known job site hazards, such as, flammable liquids and gases, poisons, caustics, harmful plants and animals, toxic materials, confined spaces, etc., they shall be instructed in the recognition of the hazard, in the procedures for protecting themselves from injury, and in the first aid procedure in the event of injury. [§1510(c)]
§1511 General Safety Precautions
(a) No worker shall be required or knowingly permitted to work in an unsafe place, unless for the purpose of making it safe and then only after proper precautions have been taken to protect the employee while doing such work. [§1511(a)]
(b) Prior to the presence of its employees, the employer shall make a thorough survey of the conditions of the site to determine, so far as practicable, the predictable hazards to employees and the kind and extent of safeguards necessary to prosecute the work in a safe manner in accordance with the relevant parts of Plate A-2-a and b of the Appendix. [§1511(b)]
§1512 Emergency Medical Services
(a) Provision of Services. Where more than one employer is involved in a single construction project on a given construction site, each employer is responsible to ensure the availability of emergency medical services for its employees. The employers on the project may agree to ensure employee access to emergency medical services for the combined work force present at the job site. Such an emergency medical service program shall be adequate to service the combined work force present, but only one emergency medical program need be established at such site. [§1512(a)]
(b) Appropriately Trained Person. Each employer shall ensure the availability of a suitable number of appropriately trained persons to render first aid. Where more than one employer is involved in a single construction project on a given construction site, the employers may form a pool of appropriately trained persons. However, such pool shall be large enough to service the combined work forces of such employers. [§1512(b)]
Exception: Engineering contractors or service providers on a job site not engaged in construction activity (e.g., operation of tools, equipment or machinery directly associated with construction) that are in compliance with the requirements of Section 3400(b) of the General Industry Safety Orders.
(c) First-Aid Kit. [§1512(c)]
(1) Every employer working on or furnishing personnel on a construction project, on line crews and on other short duration or transient jobs shall provide at least one first-aid kit in a weatherproof container. The contents of the first-aid kit shall be inspected regularly to ensure that the expended items are promptly replaced. The contents of the first-aid kit shall be arranged to be quickly found and remain sanitary. First-aid dressings shall be sterile in individually sealed packages for each item. The minimum first-aid supplies shall be determined by an employer-authorized, licensed physician or in accordance with the following Table: [§1512(c)(1)]
* To be readily available but not necessarily within the first-aid kit.
(2) Other supplies and equipment, when provided, shall be in accordance with the documented recommendations of an employer-authorized, licensed physician upon consideration of the extent and type of emergency care to be given based upon the anticipated incidence and nature of injuries and illnesses and availability of transportation to medical care. [§1512(c)(2)]
(3) Drugs, antiseptics, eye irrigation solutions, inhalants, medicines, or proprietary preparations shall not be included in firstaid kits unless specifically approved, in writing, by an employer-authorized, licensed physician. [§1512(c)(3)]
(d) Informing Employees of Emergency Procedures. Each employer shall inform all of its employees of the procedure to follow in case of injury or illness. [§1512(d)]
(e) Provision for Obtaining Emergency Medical Services. Proper equipment for the prompt transportation of the injured or ill person to a physician or hospital where emergency care is provided, or an effective communication system for contacting hospitals or other emergency medical facilities, physicians, ambulance and fire services, shall be provided. The telephone numbers of the following emergency services in the area shall be posted near the job telephone, telephone switchboard, or otherwise made available to the employees where no job site telephone exists: [§1512(e)]
(1) A physician and at least one alternate if available. [§1512(e)(1)] (2)
§1513
Subchapter 4. Construction Safety Orders
(f) Emergency Washing Facilities. Where the eyes or body of any person may be exposed to injurious or corrosive materials, suitable facilities for drenching the body or flushing the eyes with clean water shall be conspicuously and readily accessible. [§1512(f)]
(g) Emergency Call Systems. A two-way voice emergency communication system shall be installed, for buildings and structures five or more floors or 48 feet or more above or below ground level, to notify persons designated in the emergency medical services plan. The location and condition of the employee shall be able to be communicated over the system. The use of the construction passenger elevators for medical emergencies shall take precedence over all other use. [§1512(g)]
Exception: Where jobsite conditions prevent or impair the communication of the required information over the system, an alternative system acceptable to the Division shall be used.
(h) Basket Litter. At least one basket or equally appropriate litter equipped with straps and two blankets, or other similar warm covering, shall be provided for each building or structure five or more floors or 48 feet or more either above or below ground level. [§1512(h)]
(i) Written Plan. The employer shall have a written plan to provide emergency medical services. The plan shall specify the means of implementing all applicable requirements in this section. When employers form a combined emergency medical services program with appropriately trained persons, one written plan will be considered acceptable to comply with the intent of this subsection. N [§1512(i)]
Note: The provisions of Section 1512 are not intended to exclude immediate treatment of minor injuries which do not require the services of a physician.
§1513 Housekeeping
(a)During the course of construction, alteration, or repairs, form and scrap lumber with protruding nails and all other debris shall be kept reasonably cleared from work areas, passageways, and stairs in and around buildings or other structures. [§1513(a)]
(b)The ground area within 6 feet of a building under construction shall be reasonable free from irregularities wherever it is practicable to attain this condition by grading or similar methods, and open ditches shall be bridged to provide passageways at convenient places. [§1513(b)]
(c)Material storage areas and walkways on the construction site shall be maintained reasonably free of dangerous depressions, obstructions, and debris. [§1513(c)]
(d) Combustible debris accumulated within the building or structure shall be removed promptly during the course of construction. Safe means shall be provided to expedite such removal. [§1513(d)]
(e) Flammable or hazardous wastes shall be placed in covered containers separate from the normal debris. [§1513(e)]
(f) All waste shall be disposed of at intervals determined by the rate of accumulation and capacity of the job site container. [§1513(f)]
(g) Waste, materials, or tools shall not be thrown from buildings or structures to areas where employee(s) may be located, unless the area where the material falls is guarded by fences, barricades, or other methods/means to prevent employee(s) from entering and being struck by falling objects. Signs shall be posted to warn employees of the hazard. [§1513(g)]
§1514 Personal Protective Devices
(a) The employer shall require employees to use the required personal protective equipment. [§1514(a)]
(b) Personal protective equipment required by these orders shall be approved for its intended use as provided in Section 1505 and distinctly marked so as to facilitate identification of the manufacturer. [§1514(b)]
Exception: Employer manufactured shields, barriers, etc.
(c) Personal protective equipment shall be used in accordance with the manufacturer's instructions. [§1514(c)]
(d) The employer shall assure that all required safety devices and safeguards, whether employer or employee provided, including personal protective equipment for the eyes, face, head, hand, foot, and extremities (limbs), protective clothing, respiratory protection, protective shields and barriers, comply with the applicable Title 8 standards and are maintained in a safe, sanitary condition. [§1514(d)]
(e) Protectors shall be of such design, fit and durability as to provide adequate protection against the hazards for which they are designed. They shall be reasonably comfortable and shall not unduly encumber the employee's movements necessary to perform his or her work. [§1514(e)]
§1515 Head Protection [Repealed]
§1516 Eye and Face Protection [Repealed]
§1517 Foot Protection [Repealed]
§1518 Protection from Electric Shock
(a) Suitable protective equipment or devices shall be provided and used on or near energized equipment for the protection of employees where there is a recognized hazard of electrical shock or burns. [§1518(a)]
(b) When protective insulating equipment is used, it shall comply with the Electrical Safety Orders. [§1518(b)]
(c) In lieu of other protective equipment, barricades shall be used to provide protection from exposed, energized equipment. [§1518(c)]
(d) Before work is begun, the employer shall ascertain by inquiry, direct observation, or by instruments, whether any part of an energized electric power circuit, exposed or concealed, is so located that the performance of the work may bring any person, tool or machine into physical or electrical contact with the electric power circuit. [§1518(d)]
(1) Where such circuits exist, a legible marking shall be made indicating the presence and location of the energized circuit(s), or warning signs shall be posted in accordance with Section 3340 of the General Industry Safety Orders. [§1518(d)(1)]
(2) The employer shall advise the employee of the location of such energized circuits, the hazards involved, and the protective measures to be taken in accordance with Section 1509 of these Orders. [§1518(d)(2)]
Note: Section 1518(d) applies to electrical installations present on the jobsite which do not involve excavations. For electrical installations involving excavations as defined in Section 1540, see Section 1541.
§1519 Sanitation
Personal protective equipment shall be kept clean and in good repair. Safety devices, including protective clothing worn by the employee, shall not be interchanged among the employees until properly cleaned. Exception: Safety devices worn over shoes or outer clothing, no part of which contacts the skin of the wearer, such as metal footguards.
§1520 Hand Protection. [Repealed]
§1521 Ear Protection
Where required by Section 5096(b) of the General Industry Safety Orders, ear protection shall be provided by the employer and the employer shall require employees to wear the ear protection.
§1522 Body Protection
(a) Appropriate body protection shall be required for those employees whose work exposes them to injurious materials. [§1522(a)]
Note: Employees should be cautioned to wash promptly and thoroughly after exposure to injurious substances.
(b) Clothing appropriate for the work being done shall be worn. Loose sleeves, tails, ties, frills, lapels, cuffs, or other loose clothing shall not be worn around machinery in which it might become entangled. [§1522(b)]
(c) Clothing saturated or impregnated with flammable liquids, corrosive substances, irritants, or oxidizing agents shall be promptly removed, and shall not be worn until cleaned. [§1522(c)]
§1523 Illumination
(a) Construction areas, ramps, corridors, offices, shops and storage areas, etc., shall be lighted to not less than the minimum illumination intensities in the following Table while work is in progress. [§1523(a)]
Note: For areas or operations not covered above, refer to the recommended illumination values contained in the Illuminating Engineering Society (IES) of North America, Committee on Industrial Lighting, American National Standard, (ANSI/IES) Practice for Industrial Lighting, Publication RP-7-1991.
(b) Nighttime highway construction work lighting shall be provided within the work zone to illuminate the task(s) in a manner that will minimize glare to work crews and not interfere with the vision of oncoming motorists (e.g. providing screens, mounting lamps below the top edge of the barrier wall, varying the beam angle, etc.). [§1523(b)]
§1524 Water Supply
(a) Potable Water. [§1524(a)]
(1) An adequate supply of potable water shall be provided in all places of employment. [§1524(a)(1)]
Note: Additional requirements for the provision of drinking water in outdoor places of employment are contained in Section 3395.
(2) The employer shall take one or more of the following steps to ensure every employee has access to drinking water: [§1524(a)(2)]
(A) Provide drinking fountains. [§1524(a)(2)(A)]
(B) Supply single-service cups. Where single-service cups are supplied, a sanitary container for the unused cups and a receptacle for disposing of the used cups shall be provided. [§1524(a)(2)(B)]
(C) Supply sealed one-time use water containers. Where sealed one-time use water containers are supplied, a receptacle for disposing of the used containers shall be provided. [§1524(a)(2)(C)]
(D) Ensure re-usable, closable containers are available for individual employee use. Where re-usable containers for individual use are relied upon for compliance with this section, the employer shall ensure the containers are marked to identify the user and maintained in a sanitary condition. [§1524(a)(2)(D)]
(3) Portable containers used to dispense drinking water to more than one person shall be equipped with a faucet or drinking fountain. Drinking water containers shall be capable of being tightly closed and shall be otherwise designed, constructed and serviced so that sanitary conditions are maintained. Water shall not be dipped from containers. [§1524(a)(3)]
(4) Any container used to store or dispense drinking water shall be clearly marked as to the nature of its contents and shall not be used for any other purpose. [§1524(a)(4)]
(5) Re-usable containers for individual use and drinking cups shall not be shared or used in common. [§1524(a)(5)]
Exception: Re-usable containers for individual use and drinking cups which are safely and effectively cleaned and sanitized between use by different users.
(b) Nonpotable Water. [§1524(b)]
(1) Nonpotable water shall not be used for the purposes of drinking, washing, or food preparation. [§1524(b)(1)]
(2) Outlets for nonpotable water, such as water for industrial or firefighting purposes, shall be posted in a manner understandable to all employees to indicate that the water is unsafe and is not to be used for drinking, washing or cooking purposes. [§1524(b)(2)]
(3) Nonpotable water systems or systems carrying any other nonpotable substance shall be maintained so as to prevent backflow or backsiphonage into a potable water system. [§1524(b)(3)]
§1525 Glass
(a) Employees shall be protected against the hazard of walking through glass by barriers or by conspicuous durable markings. [§1525(a)]
§1526
Toilets at Construction Jobsites
(a) A minimum of one separate toilet facility shall be provided for each 20 employees or fraction thereof of each sex. Such facilities may include both toilets and urinals provided that the number of toilets shall not be less than one half of the minimum required number of facilities. [§1526(a)]
Exception: Where there are less than 5 employees, separate toilet facilities for each sex are not required provided the toilet facilities can be locked from the inside and contain at least one toilet.
(b) Under temporary field conditions, not less than one toilet shall be available. [§1526(b)]
(c) Where the provision of water closets is not feasible due to the absence of a sanitary sewer or the lack of an adequate water supply, nonwater carriage disposal facilities shall be provided. Unless prohibited by applicable local regulations, these facilities may include privies (where their use will not contaminate either surface or underground waters), chemical toilets, recirculating toilets, or combustion toilets. [§1526(c)]
(d) Toilet facilities shall be kept clean, maintained in good working order, designed and maintained in a manner which will assure privacy and provided with an adequate supply of toilet paper. [§1526(d)]
(e) The requirements of this section shall not apply to mobile crews having readily available transportation to nearby toilet facilities. [§1526(e)]
§1527
Washing Facilities, Food Handling, and Temporary Sleeping Quarters
(a) Washing Facilities. [§1527(a)]
(1) General. Washing facilities shall be provided as follows: A minimum of one washing station shall be provided for each twenty employees or fraction thereof. Washing stations provided to comply with this requirement shall at all times: [§1527(a)(1)]
(A) Be maintained in a clean and sanitary condition; [§1527(a)(1)(A)]
(B) Have an adequate supply of water for effective washing; [§1527(a)(1)(B)]
(C) Have a readily available supply of soap or other suitable cleansing agent; [§1527(a)(1)(C)]
(D) Have a readily available supply of single-use towels or a warm-air blower; [§1527(a)(1)(D)]
(E) Be located and arranged so that any time a toilet is used, the user can readily wash; and [§1527(a)(1)(E)]
(F) When provided in association with a nonwater carriage toilet facility in accordance with Section 1526(c), [§1527(a)(1)(F)]
1. Provide a sign or equivalent method of notice indicating that the water is intended for washing; and [§1527(a)(1)(F)1.]
2. Be located outside of the toilet facility and not attached to it. [§1527(a)(1)(F)2.]
Exception to subsection (a)(1)(F)2.: Where there are less than 5 employees, and only one toilet facility is provided, the required washing facility may be located inside of the toilet facility.
Exception to subsection (a)(1): Mobile crews having readily available transportation to a nearby toilet and washing facility.
(2) Washing facilities for hazardous substances. Where employees are engaging in the application of paints or coatings, or in other operations involving substances which may be harmful to the employees, washing facilities shall be provided in near proximity to the worksite and shall be so equipped as to enable employees to remove such substances. Facilities provided to comply with this requirement shall at all times: [§1527(a)(2)]
(A) Be maintained in a clean and sanitary condition; [§1527(a)(2)(A)]
(B) Have an adequate supply of water sufficient for effective removal of the hazardous substance from skin surfaces; and [§1527(a)(2)(B)]
(C) Have a readily available supply of soap, and where necessary to effect removal, special cleansing compounds designed specifically for removal of the hazardous substance from skin surfaces; and [§1527(a)(2)(C)]
(D) Have a readily available supply of single use towels or a warm-air blower. [§1527(a)(2)(D)]
(3) Showers. When showering is required by the employer or these orders, the shower shall meet the requirements of Section 3366(f). [§1527(a)(3)]
(b) Food Handling. All food service facilities and operations shall meet the applicable laws, ordinances, and regulations of the jurisdictions in which they are located. [§1527(b)]
(c) Temporary Sleeping Quarters. When temporary sleeping quarters are provided, they shall be heated, ventilated, and lighted and shall meet the applicable laws, ordinances and regulations of the jurisdictions in which they are located. [§1527(c)]
Article 4. Dusts, Fumes, Mists, Vapors, and Gases
§1528 General
(a) Whenever an oxygen deficient atmosphere or harmful dusts, fumes, mists, vapors, or gases exist or are produced in the course of employment in quantities giving rise to harmful exposure of employees, such hazards shall be controlled by removing the employees from exposure to the hazard, by limiting the daily exposure of employees to the hazard, or by application of engineering controls. Whenever such controls are not practicable or fail to achieve full compliance, respiratory protective equipment shall be provided as prescribed in Section 1531. [§1528(a)]
(b) Employees exposed to hazardous substances shall be protected as required by Group 16 of the General Industry Safety Orders. [§1528(b)]
(c) When ventilation is used as an engineering control method, the system shall be installed and operated according to the requirements of this Article. [§1528(c)]
(d) The spraying of any substance containing any amount of asbestos in or upon a building or other structure during its construction, alteration or repair is prohibited. [§1528(d)]
Exceptions:
1.Exterior and interior coatings and laminating resins containing encapsulated asbestos fibers bound within the finished product from manufacture through application.
2.Cold process asphalt roof coatings.3.Substances containing less than one-quarter of 1 percent asbestos solely as a result of naturally occurring impurities in the substance or its components.
§1529 Asbestos
(a) Scope and application. [§1529(a)]
(1) This section regulates asbestos exposure in all construction work as defined in Section 1502 including but not limited to the following: [§1529(a)(1)]
(A) Demolition or salvage of structures where asbestos is present; [§1529(a)(1)(A)]
(B) Removal or encapsulation of materials containing asbestos; [§1529(a)(1)(B)]
(C) Construction, alteration, repair, maintenance, or renovation of structures, substrates, or portions thereof, that contain asbestos; [§1529(a)(1)(C)]
(D) Installation of products containing asbestos; [§1529(a)(1)(D)]
(E) Asbestos spill/emergency cleanup; [§1529(a)(1)(E)]
(F) Transportation, disposal, storage, containment of and housekeeping activities involving asbestos or products containing asbestos, on the site or location at which construction activities are performed; [§1529(a)(1)(F)]
§1529
Subchapter 4. Construction Safety Orders
(G) Excavation which may involve exposure to asbestos as a natural constituent which is not related to asbestos mining and milling activities; [§1529(a)(1)(G)]
(H) Routine facility maintenance; and [§1529(a)(1)(H)]
(I) Erection of new electric transmission and distribution lines and equipment, and alteration, conversion and improvement of the existing transmission and distribution lines and equipment. [§1529(a)(1)(I)]
(2) Whenever employee exposures to asbestos, as defined in subsection (b) of this section consist only of exposure to tremolite, anthophyllite, and actinolite in the nonasbestiform mineral habit, the provisions of Section 5208.1 shall apply. [§1529(a)(2)]
(3) The provisions of this section are subject to the requirements of the Occupational Carcinogen Control Act of 1976 (Labor Code, Division 5, Part 10). [§1529(a)(3)]
(4) Coverage under this Section shall be based on the nature of the work operation involving asbestos exposure. [§1529(a)(4)]
(b) Definitions. [§1529(b)]
Aggressive-method means removal or disturbance of building material by sanding, abrading, grinding or other method that breaks, crumbles, or disintegrates intact ACM.
Amended water means water to which surfactant (wetting agent) has been added to increase the ability of the liquid to penetrate ACM.
Asbestos includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that has been chemically treated and/or altered. For purposes of this standard, "asbestos" includes PACM, as defined below.
Asbestos-containing material (ACM) means any material containing more than one percent asbestos.
Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or designee.
Authorized person means any person authorized by the employer and required by work duties to be present in regulated areas.
Building/facility owner is the legal entity, including a lessee, which exercises control over management and record keeping functions relating to a building and/or facility in which activities covered by this standard take place.
Certified Industrial Hygienist (CIH) means one certified in the practice of industrial hygiene by the American Board of Industrial Hygiene.
Chief means the Chief of the Division of Occupational Safety and Health, P.O. Box 420603, San Francisco, CA 94142.
Class I asbestos work means activities involving the removal of TSI and surfacing ACM and PACM.
Class II asbestos work means activities involving the removal of ACM which is not thermal system insulation or surfacing material. This includes, but is not limited to, the removal of asbestos-containing wallboard, floor tile and sheeting, roofing and siding shingles, and construction mastics.
Class III asbestos work means repair and maintenance operations, where “ACM”, including TSI and surfacing ACM and PACM, is likely to be disturbed.
Class IV asbestos work means maintenance and custodial activities during which employees contact but do not disturb ACM or PACM and activities to clean up dust, waste and debris resulting from Class I, II, and III activities.
Clean room means an uncontaminated room having facilities for the storage of employees' street clothing and uncontaminated materials and equipment.
Closely resemble means that the major workplace conditions which have contributed to the levels of historic asbestos exposure, are no more protective than conditions of the current workplace.
Competent person means, in addition to one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them, one who is capable of identifying existing asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, who has the authority to take prompt corrective measures to eliminate them: in addition, for Class I and Class II work who is specially trained in a training course which meets the criteria of EPA's Model Accreditation Plan (40 CFR part 763) for supervisor, or its equivalent and, for Class III and Class IV work, who is trained in a manner consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92 (a)(2).
Note: For operations involving more than 100 square feet of asbestos containing construction material as defined in subsection (r) of this section the competent person may fulfill the requirement contained in Section 341.9 to specify a certified supervisor for asbestos related work.
Critical barrier means one or more layers of plastic sealed over all openings into a work area or any other similarly placed physical barrier sufficient to prevent airborne asbestos in a work area from migrating to an adjacent area.
Decontamination area means an enclosed area adjacent and connected to the regulated area and consisting of an equipment room, shower area, and clean room, which is used for the decontamination of workers, materials, and equipment that are contaminated with asbestos.
Demolition means the wrecking or taking out of any load-supporting structural member and any related razing, removing, or stripping of asbestos products.
Director means the Director, National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee.
Disturbance means activities that disrupt the matrix of ACM or PACM, crumble or pulverize ACM or PACM, or generate visible debris from ACM or PACM. Disturbance includes cutting away small amounts of ACM and PACM, no greater than the amount which can be contained in one standard sized glovebag or waste bag in order to access a building component. In no event shall the amount of ACM or PACM so disturbed exceed that which can be contained in one glove bag or waste bag which shall not exceed 60 inches in length and width.
Employee exposure means that exposure to airborne asbestos that would occur if the employee were not using respiratory protective equipment.
Equipment room (change room) means a contaminated room located within the decontamination area that is supplied with impermeable bags or containers for the disposal of contaminated protective clothing and equipment.
Fiber means a particulate form of asbestos, 5 micrometers or longer, with a length-to-diameter ratio of at least 3 to 1.
Glovebag means an impervious plastic bag-like enclosure affixed around not more than a 60 × 60 inch asbestos-containing material, with glove-like appendages through which material and tools may be handled.
High-efficiency particulate air (HEPA) filter means a filter capable of trapping and retaining at least 99.97 percent of all mono-dispersed particles of 0.3 micrometers in diameter.
Homogeneous area means an area of surfacing material or thermal system insulation that is uniform in color and texture.
Industrial hygienist means a professional qualified by education, training, and experience to anticipate, recognize, evaluate and develop controls for occupational health hazards.
Intact means that the ACM has not crumbled, been pulverized, or otherwise deteriorated so that the asbestos is no longer likely to be bound with its matrix.
Modification for purposes of subsection (g)(6), means a changed or altered procedure, material or component of a control system, which replaces a procedure, material or component of a required system. Omitting a procedure or component, or reducing or diminishing the stringency or strength of a material or component of the control system is not a "modification" for purposes of subsection (g)(6) of this section.
Negative Initial Exposure Assessment means a demonstration by the employer, which complies with the criteria in subsection (f)(2)(C) of this section, that employee exposure during an operation is expected to be consistently below the PELs.
PACM means "presumed asbestos-containing material".
Presumed Asbestos Containing Material means thermal system insulation and surfacing material found in buildings constructed no later than 1980. The designation of a material as "PACM" may be rebutted pursuant to subsection (k)(5) of this section.
Project Designer means a person who has successfully completed the training requirements for an abatement project designer established by 40 U.S.C. §763.90(g).
Regulated area means an area established by the employer to demarcate areas where Class I, II, and III asbestos work is conducted, and any adjoining area where debris and waste from such asbestos work accumulate; and a work area within which airborne concentrations of asbestos, exceed or there is a reasonable possibility they may exceed the permissible exposure limit. Requirements for regulated areas are set out in subsection (e) of this section.
Removal means all operations where ACM and/or PACM is taken out or stripped from structures or substrates, and includes demolition operations.
Renovation means the modifying of any existing structure, or portion thereof.
a. Any ACM that is not intact shall be lowered to the ground as soon as is practicable, but in any event no later than the end of the work shift. While the material remains on the roof it shall either be kept wet, placed in an impermeable waste bag, or wrapped in plastic sheeting. [§1529(g)(8)(B)5.a.]
b. Intact ACM shall be lowered to the ground as soon as is practicable, but in any event no later than the end of the work shift. [§1529(g)(8)(B)5.b.]
6. Upon being lowered, unwrapped material shall be transferred to a closed receptacle in such manner so as to preclude the dispersion of dust. [§1529(g)(8)(B)6.]
7. Roof level heating and ventilation air intake sources shall be isolated or the ventilation system shall he shut down. [§1529(g)(8)(B)7.]
8. Notwithstanding any other provision of this section, removal or repair of sections of intact roofing less than 25 square feet in area does not require use of wet methods or HEPA vacuuming as long as manual methods which do not render the material nonintact are used to remove the material and no visible dust is created by the removal method used. In determining whether a job involves less than 25 square feet, the employer shall include all removal and repair work performed on the same roof on the same day. [§1529(g)(8)(B)8.]
(C) When removing cementitious asbestos-containing siding and shingles or transite panels containing ACM on building exteriors (other than roofs, where subsection (g)(8)(B) of this section applies) the employer shall ensure that the following work practices are followed: [§1529(g)(8)(C)]
1. Cutting, abrading or breaking siding, shingles, or transite panels, shall be prohibited unless the employer can demonstrate that methods less likely to result in asbestos fiber release cannot be used. [§1529(g)(8)(C)1.]
2. Each panel or shingle shall be sprayed with amended water prior to removal. [§1529(g)(8)(C)2.]
3. Unwrapped or unbagged panels or shingles shall be immediately lowered to the ground via covered dust-tight chute, crane or hoist, or placed in an impervious waste bag or wrapped in plastic sheeting and lowered to the ground no later than the end of the work shift. [§1529(g)(8)(C)3.]
4. Nails shall be cut with flat, sharp instruments. [§1529(g)(8)(C)4.]
(D) When removing gaskets containing ACM, the employer shall ensure that the following work practices are followed: [§1529(g)(8)(D)]
1. If a gasket is visibly deteriorated and unlikely to be removed intact, removal shall be undertaken within a glovebag as described in subsection (g)(5)(B) of this section. [§1529(g)(8)(D)1.]
2. The gasket shall be immediately placed in a disposal container. [§1529(g)(8)(D)2.]
3. Any scraping to remove residue must be performed wet. [§1529(g)(8)(D)3.]
(E) When performing any other Class II removal of asbestos containing material for which specific controls have not been listed in subsections (g)(8)(A) through (D) of this section, the employer shall ensure that the following work practices are complied with. [§1529(g)(8)(E)]
1. The material shall be thoroughly wetted with amended water prior to and during its removal. [§1529(g)(8)(E)1.]
2. The material shall be removed in an intact state unless the employer demonstrates that intact removal is not possible. [§1529(g)(8)(E)2.]
3. Cutting, abrading or breaking the material shall be prohibited unless the employer can demonstrate that methods less likely to result in asbestos fiber release are not feasible. [§1529(g)(8)(E)3.]
4. Asbestos-containing material removed, shall be immediately bagged or wrapped, or kept wetted until transferred to a closed receptacle, no later than the end of the work shift. [§1529(g)(8)(E)4.]
(F) Alternative Work Practices and Controls. Instead of the work practices and controls listed in subsection (g)(8)(A) through (E) of this section, the employer may use different or modified engineering and work practice controls if the following provisions are complied with. [§1529(g)(8)(F)]
1. The employer shall demonstrate by data representing employee exposure during the use of such method under conditions which closely resemble the conditions under which the method is to be used, that employee exposure will not exceed the PELs under any anticipated circumstances. [§1529(g)(8)(F)1.]
2. A competent person shall evaluate the work area, the projected work practices and the engineering controls, and shall certify in writing, that the different or modified controls are adequate to reduce direct and indirect employee exposure to below the PELs under all expected conditions of use and that the method meets the requirements of this standard. The evaluation shall include and be based on data representing employee exposure during the use of such method under conditions which closely resemble the conditions under which the method is to be used for the current job, and by employees whose training and experience are equivalent to employees who are to perform the current job. [§1529(g)(8)(F)2.]
(9) Work Practices and Engineering Controls for Class III asbestos work. Class III asbestos work shall be conducted using engineering and work practice controls which minimize the exposure to employees performing the asbestos work and to bystander employees. [§1529(g)(9)]
(A) The work shall be performed using wet methods. [§1529(g)(9)(A)]
(B) To the extent feasible, the work shall be performed using local exhaust ventilation. [§1529(g)(9)(B)]
(C) Where the disturbance involves drilling, cutting, abrading, sanding, chipping, breaking, or sawing of thermal system insulation or surfacing material, the employer shall use impermeable dropcloths, and shall isolate the operation using mini-enclosures or glove bag systems pursuant to subsection (g)(5) of this section or another isolation method. [§1529(g)(9)(C)]
(D) Where the employer does not produce a "negative exposure assessment" for a job, or where monitoring results show the PEL has been exceeded, the employer shall contain the area using impermeable dropcloths and plastic barriers or their equivalent, or shall isolate the operation using a control system listed in and in compliance with subsection (g)(5) of this section. [§1529(g)(9)(D)]
(E) Employees performing Class III jobs, which involve the disturbance of thermal system insulation or surfacing material, or where the employer does not produce a "negative exposure assessment" or where monitoring results show a PEL has been exceeded, shall wear respirators which are selected, used and fitted pursuant to provisions of subsection (h) of this section. [§1529(g)(9)(E)]
(10) Class IV asbestos work. Class IV asbestos jobs shall be conducted by employees trained pursuant to the asbestos awareness training program set out in subsection (k)(9) of this section. In addition, all Class IV jobs shall be conducted in conformity with the requirements set out in subsection (g)(1) of this section, mandating wet methods, HEPA vacuums, and prompt clean up of debris containing ACM or PACM. [§1529(g)(10)]
(A) Employees cleaning up debris and waste in a regulated area where respirators are required shall wear respirators which are selected, used and fitted pursuant to provisions of subsection (h) of this section. [§1529(g)(10)(A)]
(B) Employers of employees who clean up waste and debris in, and employers in control of, areas where friable thermal system insulation or surfacing material is accessible, shall assume that such waste and debris contain asbestos. [§1529(g)(10)(B)]
(11) Alternative methods of compliance for installation, removal, repair, and maintenance of certain roofing and pipeline coating materials. Notwithstanding any other provision of this section, an employer who complies with all provisions of this subsection (g)(11) when installing, removing, repairing, or maintaining intact pipeline asphaltic wrap, or roof cements, mastics, coatings, or flashings which contain asbestos fibers encapsulated or coated by bituminous or resinous compounds shall be deemed to be in compliance with this section. If an employer does not comply with all provisions of this subsection (g)(11), or if during the course of the job the material does not remain intact, the provisions of subsection (g)(8) of this section apply instead of this subsection (g)(11). [§1529(g)(11)]
(A) Before work begins and as needed during the job, a competent person who is capable of identifying asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, and who has the authority to take prompt corrective measures to eliminate such hazards, shall conduct an inspection of the worksite and determine that the roofing material is intact and will likely remain intact. [§1529(g)(11)(A)]
(B) All employees performing work covered by this subsection (g)(11) shall be trained in a training program that meets the requirements of subsection (k)(9)(H). [§1529(g)(11)(B)]
(C) The material shall not be sanded, abraded, or ground. Manual methods which do not render the material non-intact shall be used. [§1529(g)(11)(C)]
Subchapter 4. Construction Safety Orders
(D) Material that has been removed from a roof shall not be dropped or thrown to the ground. Unless the material is carried or passed to the ground by hand, it shall be lowered to the ground via covered, dust-tight chute, crane or hoist. All such material shall be removed from the roof as soon as is practicable, but in any event no later than the end of the work shift. [§1529(g)(11)(D)]
(E) Where roofing products which have been labeled as containing asbestos pursuant to subsection (k)(8) of this section are installed on non-residential roofs during operations covered by this subsection (g)(11), the employer shall notify the building owner of the presence and location of such materials no later than the end of the job. [§1529(g)(11)(E)]
(F) All removal or disturbance of pipeline asphaltic wrap shall be performed using wet methods. [§1529(g)(11)(F)]
(h) Respiratory protection. [§1529(h)]
(1) General. For employees who use respirators required by this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during: [§1529(h)(1)]
(A) Class I asbestos work. [§1529(h)(1)(A)]
(B) Class II asbestos work where the ACM is not removed in a substantially intact state, [§1529(h)(1)(B)]
(C) Class II and III asbestos work which is not performed using wet methods, except for removal of ACM from sloped roofs when a negative exposure assessment has been made and the ACM is removed in an intact state. [§1529(h)(1)(C)]
(D) Class II and III asbestos work for which a "negative exposure assessment" has not been conducted. [§1529(h)(1)(D)]
(E) Class III asbestos work when TSI or surfacing ACM or PACM is being disturbed. [§1529(h)(1)(E)]
(F) Class IV asbestos work performed within regulated areas where employees performing other work are required to use respirators. [§1529(h)(1)(F)]
(G) Work operations covered by this section where employees are exposed above the TWA or excursion limit. [§1529(h)(1)(G)]
(H) Emergencies. [§1529(h)(1)(H)]
(2) Respirator program. [§1529(h)(2)]
(A) The employer must implement a respiratory protection program in accordance with Section 5144(b) through (d) (except (d)(1)(C)), and (f) through (m). [§1529(h)(2)(A)]
(B) No employee shall be assigned to asbestos work that requires respirator use if, based on their most recent medical examination, the examining physician determines that the employee will be unable to function normally while using a respirator, or that the safety or health of the employee or other employees will be impaired by the employee's respirator use. Such employees must be assigned to another job or given the opportunity to transfer to a different position that they can perform. If such a transfer position is available, it must be with the same employer, in the same geographic area, and with the same seniority, status, rate of pay, and other job benefits the employee had just prior to such transfer. [§1529(h)(2)(B)]
(3) Respirator selection. [§1529(h)(3)]
(A) The employer shall select, and provide to employees, the appropriate respirators as specified in Section 5144(d)(3)(A)1; however, employers shall not select or use filtering facepiece respirators for use against asbestos fibers. [§1529(h)(3)(A)]
(B) The employer shall provide HEPA filters for powered and non-powered air-purifying respirators. [§1529(h)(3)(B)]
(C) The employer shall provide a tight fitting powered, air-purifying respirator in lieu of any negative-pressure respirator selected according to subsection (h)(3)(A) whenever: [§1529(h)(3)(C)]
1. An employee chooses to use this type of respirator; and [§1529(h)(3)(C)1.]
2. This respirator will provide adequate protection to the employee. [§1529(h)(3)(C)2.]
(D) The employer shall provide a half-mask air purifying respirator, other than a filtering facepiece respirator, equipped with high efficiency filters whenever the employee performs: [§1529(h)(3)(D)]
1. Class II and III asbestos work and a negative exposure assessment has not been conducted by the employer; [§1529(h)(3)(D)1.]
2. Class III jobs where TSI or surfacing ACM or PACM is being disturbed. [§1529(h)(3)(D)2.]
(E) In addition to the above selection criteria, when employees are in a regulated area where Class I work is being performed, a negative exposure assessment of the area has not been produced, and the exposure assessment of the area indicates the exposure level will exceed 1 f/cc as
an 8-hour time weighted average, employers must provide the employees with a full facepiece supplied-air respirator operated in the pressure-demand mode and equipped with an auxiliary positive pressure self-contained breathing apparatus. When the exposure assessment of the area indicates the exposure level will not exceed 1 f/cc as an 8-hour time weighted average, employers must provide the employees with one of the following respirators: [§1529(h)(3)(E)]
1. A tight-fitting powered air-purifying respirator equipped with high efficiency filters; [§1529(h)(3)(E)1.]
2. A full facepiece supplied air-respirator operated in the pressure-demand mode equipped with HEPA egress cartridges or an auxiliary positive-pressure, self-contained breathing apparatus (SCBA); or [§1529(h)(3)(E)2.]
3. A full facepiece supplied-air respirator operated in the pressure demand mode equipped with an auxiliary positive pressure self-contained breathing apparatus. [§1529(h)(3)(E)3.]
(i) Protective clothing. [§1529(i)]
(1) General. The employer shall provide or require the use of protective clothing, such as coveralls or similar whole-body clothing, head coverings, gloves, and foot coverings for any employee exposed to airborne concentrations of asbestos that exceed the TWA and/or excursion limit prescribed in subsection (c) of this section, or for which a required negative exposure assessment is not produced, and for any employee performing Class I operations which involve the removal of over 25 linear or 10 square feet of TSI or surfacing ACM and PACM. The employer shall prohibit the removal of asbestos from protective clothing and equipment by blowing, shaking, or brushing. [§1529(i)(1)]
(2) Laundering. [§1529(i)(2)]
(A) The employer shall ensure that laundering of contaminated clothing is done so as to prevent the release of airborne asbestos in excess of the TWA or excursion limit prescribed in subsection (c) of this section. [§1529(i)(2)(A)]
(B) Any employer who gives contaminated clothing to another person for laundering shall inform such person of the requirement in subsection (i)(2)(A) of this section to effectively prevent the release of airborne asbestos in excess of the TWA and excursion limit prescribed in subsection (c) of this section. [§1529(i)(2)(B)]
(3) Contaminated clothing. Contaminated clothing shall be transported in sealed impermeable bags, or other closed, impermeable containers, and be labeled in accordance with subsection (k) of this section. [§1529(i)(3)]
(4) Inspection of protective clothing. [§1529(i)(4)]
(A) The competent person shall examine worksuits worn by employees at least once per workshift for rips or tears that may occur during performance of work. [§1529(i)(4)(A)]
(B) When rips or tears are detected while an employee is working, rips and tears shall be immediately mended, or the worksuit shall be immediately replaced. [§1529(i)(4)(B)]
(j) Hygiene facilities and practices for employees. [§1529(j)]
(1) Requirements for employees performing Class I asbestos jobs involving over 25 linear or 10 square feet of TSI or surfacing ACM and PACM. [§1529(j)(1)]
(A) Decontamination areas: the employer shall establish a decontamination area that is adjacent and connected to the regulated area for the decontamination of such employees. The decontamination area shall consist of an equipment room, shower area, and clean room in series. The employer shall ensure that employees enter and exit the regulated area through the decontamination area. [§1529(j)(1)(A)]
1. Equipment room. The equipment room shall be supplied with impermeable, labeled bags and containers for the containment and disposal of contaminated protective equipment. [§1529(j)(1)(A)1.]
2. Shower area. Shower facilities shall be provided which comply with Section 3366(f) of the General Industry Safety Orders, unless the employer can demonstrate that they are not feasible. The showers shall be adjacent both to the equipment room and the clean room, unless the employer can demonstrate that this location is not feasible. Where the employer can demonstrate that it is not feasible to locate the shower between the equipment room and the clean room, or where the work is performed outdoors, the employers shall ensure that employees: [§1529(j)(1)(A)2.]
A. Remove asbestos contamination from their worksuits in the equipment room using a HEPA vacuum before proceeding to a shower that is not adjacent to the work area; or [§1529(j)(1)(A)2.A.]
B. Remove their contaminated worksuits in the equipment room, then don clean worksuits, and proceed to a shower that is not adjacent to the work area. [§1529(j)(1)(A)2.B.]
3. Clean change room. The clean room shall be equipped with a locker or appropriate storage container for each employee's use. When the employer can demonstrate that it is not feasible to provide a clean change area adjacent to the work area or where the work is performed outdoors, the employer may permit employees engaged in Class I asbestos jobs to clean their protective clothing with a portable HEPA-equipped vacuum before such employees leave the regulated area. Following showering, such employees however must then change into street clothing in clean change areas provided by the employer which otherwise meet the requirements of this section. [§1529(j)(1)(A)3.]
(B) Decontamination area entry procedures. The employer shall ensure that employees: [§1529(j)(1)(B)]
1. Enter the decontamination area through the clean room; [§1529(j)(1)(B)1.]
2. Remove and deposit street clothing within a locker provided for their use; and [§1529(j)(1)(B)2.]
3. Put on protective clothing and respiratory protection before leaving the clean room. [§1529(j)(1)(B)3.]
4. Before entering the regulated area, the employer shall ensure that employees pass through the equipment room. [§1529(j)(1)(B)4.]
(C) Decontamination area exit procedures. The employer shall ensure that: [§1529(j)(1)(C)]
1. Before leaving the regulated area, employees shall remove all gross contamination and debris from their protective clothing. [§1529(j)(1)(C)1.]
2. Employees shall remove their protective clothing in the equipment room and deposit the clothing in labeled impermeable bags or containers. [§1529(j)(1)(C)2.]
3. Employees shall not remove their respirators in the equipment room. [§1529(j)(1)(C)3.]
4. Employees shall shower prior to entering the clean room. [§1529(j)(1)(C)4.]
5. After showering, employees shall enter the clean room before changing into street clothes. [§1529(j)(1)(C)5.]
(D) Lunch Areas. Whenever food or beverages are consumed at the worksite where employees are performing Class I asbestos work, the employer shall provide lunch areas in which the airborne concentrations of asbestos are below the permissible exposure limit and/or excursion limit. [§1529(j)(1)(D)]
(2) Requirements for Class I work involving less than 25 linear or 10 square feet of TSI or surfacing ACM and PACM, and for Class II and Class III asbestos work operations where exposures exceed a PEL or where there is no negative exposure assessment produced before the operation. [§1529(j)(2)]
(A) The employer shall establish an equipment room or area that is adjacent to the regulated area for the decontamination of employees and their equipment which is contaminated with asbestos which shall consist of an area covered by a impermeable drop cloth on the floor or horizontal working surface. [§1529(j)(2)(A)]
(B) The area must be of sufficient size as to accommodate cleaning of equipment and removing personal protective equipment without spreading contamination beyond the area (as determined by visible accumulations). [§1529(j)(2)(B)]
(C) Work clothing must be cleared with a HEPA vacuum before it is removed. [§1529(j)(2)(C)]
(D) All equipment and surfaces of containers filled with ACM must be cleaned prior to removing them from the equipment room or area. [§1529(j)(2)(D)]
(E) The employer shall ensure that employees enter and exit the regulated area through the equipment room or area. [§1529(j)(2)(E)]
(3) Requirements for Class IV work. Employers shall ensure that employees performing Class IV work within a regulated area comply with the hygiene practice required of employees performing work which has a higher classification within that regulated area. Otherwise employers of employees cleaning up debris and material which is TSI or surfacing ACM or identified as PACM shall provide decontamination facilities for such employees which are required by subsection (j)(2) of this section. [§1529(j)(3)]
(4) Smoking in work areas. The employer shall ensure that employees do not smoke in work areas where they are occupationally exposed to asbestos because of activities in that work area. [§1529(j)(4)]
(k) Communication of hazards. [§1529(k)]
(1) Hazard Communication. [§1529(k)(1)]
(A) This section applies to the communication of information concerning asbestos hazards in construction activities to facilitate compliance with this standard. Most asbestosrelated construction activities involve previously installed building materials. Building owners often are the only and/ or best sources of information concerning them. Therefore, they, along with employers of potentially exposed employees, are assigned specific information conveying and retention duties under this section. Installed Asbestos Containing Building Material. Employers and building owners shall identify TSI and sprayed or troweled on surfacing materials in buildings as asbestos-containing, unless they determine in compliance with subsection (k)(5) of this section that the material is not asbestos-containing. Asphalt and vinyl flooring material installed no later than 1980 must also be considered as asbestos containing unless the employer, pursuant to subsection (g)(8)(A)9. of this section determines that it is not asbestos-containing. If the employer/building owner has actual knowledge, or should have known through the exercise of due diligence, that other materials are asbestos-containing, they too must be treated as such. When communicating information to employees pursuant to this standard, owners and employers shall identify "PACM" as ACM. Additional requirements relating to communication of asbestos work on multi-employer worksites are set out in subsection (d) of this section. [§1529(k)(1)(A)]
(B) The employer shall include asbestos in the program established to comply with the Hazard Communication Standard (HCS) (Section 5194). The employer shall ensure that each employee has access to labels on containers of asbestos and safety data sheets, and is trained in accordance with the provisions of HCS and subsections (k)(9) and (10) of this section. The employer shall provide information on at least the following hazards: Cancer and lung effects. [§1529(k)(1)(B)]
(2) Duties of building and facility owners. [§1529(k)(2)]
(A) Before work subject to this standard is begun, building and facility owners shall determine the presence, location, and quantity of ACM and/or PACM at the work site pursuant to subsection (k)(1) of this section. [§1529(k)(2)(A)]
(B) Building and/or facility owners shall notify the following persons of the presence, location and quantity of ACM or PACM, at the work sites in their buildings and facilities. Notification either shall be in writing, or shall consist of a personal communication between the owner and the person to whom notification must be given or their authorized representatives: [§1529(k)(2)(B)]
1. Prospective employers applying or bidding for work whose employees reasonably can be expected to work in or adjacent to areas containing such material; [§1529(k)(2)(B)1.]
2. Employees of the owner who will work in or adjacent to areas containing such material; [§1529(k)(2)(B)2.]
3. On multi-employer worksites, all employers of employees who will be performing work within or adjacent to areas containing such materials; [§1529(k)(2)(B)3.]
4. Tenants who will occupy areas containing such material. [§1529(k)(2)(B)4.]
(3) Duties of employers whose employees perform work subject to this standard in or adjacent to areas containing ACM and PACM. Building/facility owners whose employees perform such work shall comply with these provisions to the extent applicable. [§1529(k)(3)]
(A) Before work in areas containing ACM and PACM is begun; employers shall identify the presence, location, and quantity of ACM, and/or PACM therein pursuant to subsection (k)(1) of this section. [§1529(k)(3)(A)]
(B) Before work under this standard is performed employers of employees who will perform such work shall inform the following persons of the location and quantity of ACM and/or PACM present in the area and the precautions to be taken to insure that airborne asbestos is confined to the area. [§1529(k)(3)(B)]
1. Owners of the building/facility; [§1529(k)(3)(B)1.]
2. Employees who will perform such work and employers of employees who work and/or will be working in adjacent areas. [§1529(k)(3)(B)2.]
(C) Within 10 days of the completion of such work, the employer whose employees have performed work subject to this standard, shall inform the building/facility owner and employers of employees who will be working in the area of the current location and quantity of PACM and/or ACM remaining in the area and final monitoring results, if any. [§1529(k)(3)(C)]
Subchapter 4. Construction Safety Orders
(4) In addition to the above requirements, all employers who discover ACM and/or PACM on a worksite shall convey information concerning the presence, location and quantity of such newly discovered ACM and/or PACM to the owner and to other employers of employees working at the work site, within 24 hours of the discovery. [§1529(k)(4)]
(5) Criteria to rebut the designation of installed material as PACM. [§1529(k)(5)]
(A) At any time, an employer and/or building owner may demonstrate, for purposes of this standard, that PACM does not contain asbestos. Building owners and/or employers are not required to communicate information about the presence of building material for which such a demonstration pursuant to the requirements of subsection (k)(5)(B) of this section has been made. However, in all such cases, the information, data and analysis supporting the determination that PACM does not contain asbestos, shall be retained pursuant to subsection (n) of this section. [§1529(k)(5)(A)]
(B) An employer or owner may demonstrate that PACM does not contain more than 1% asbestos by the following: [§1529(k)(5)(B)]
1. Having completed an inspection conducted pursuant to the requirements of AHERA (40 CFR Part 763, Subpart E) which demonstrates that the material is not ACM or; [§1529(k)(5)(B)1.]
2. Performing tests of the material containing PACM which demonstrate that no ACM is present in the material. Such tests shall include analysis of bulk samples collected in the manner described in 40 CFR 763.86. The tests, evaluation and sample collection shall be conducted by an accredited inspector or by a CIH. Analysis of samples shall be performed by persons or laboratories with proficiency demonstrated by current successful participation in a nationally recognized testing program such as the National Voluntary Laboratory Accreditation Program (NVLAP) or the National Institute for Standards and Technology (NIST) or the Round Robin for bulk samples administered by the American Industrial Hygiene Association (AIHA) or an equivalent nationallyrecognized round robin testing program. [§1529(k)(5)(B)2.]
(C) The employer and/or building owner may demonstrate that flooring material including associated mastic and backing does not contain asbestos, by a determination of an industrial hygienist based upon recognized analytical techniques showing that the material is not ACM. [§1529(k)(5)(C)]
(6) At the entrance to mechanical rooms/areas in which employees reasonably can be expected to enter and which contain thermal system insulation and surfacing ACM and/or PACM, the building owner shall post signs which identify the material which is present, its location, and appropriate work practices which, if followed, will ensure that ACM and/or PACM will not be disturbed. The employer shall ensure, to the extent feasible, that employees who come in contact with these signs can comprehend them. Means to ensure employee comprehension may include the use of foreign languages, pictographs, graphics, and awareness training. [§1529(k)(6)]
(7) Signs. [§1529(k)(7)]
(A) Warning signs that demarcate the regulated area shall be provided and displayed at each location where a regulated area is required to be established by subsection (e) of this section. Signs shall be posted at such a distance from such a location that an employee may read the signs and take necessary protective steps before entering the area marked by the signs. [§1529(k)(7)(A)]
(B) 1. The warning signs required by subsection (k)(7) of this section shall bear the following information: [§1529(k)(7)(B)1.]
DANGER
ASBESTOS MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AUTHORIZED PERSONNEL ONLY
2. In addition, where the use of respirators and protective clothing is required in the regulated area under this section, the warning signs shall include the following: [§1529(k)(7)(B)2.]
WEAR RESPIRATORY PROTECTION AND PROTECTIVE CLOTHING IN THIS AREA
3. Prior to June 1, 2016, employers may use the following legend in lieu of that specified in subsection (k)(7)(B)1. of this section: [§1529(k)(7)(B)3.]
DANGER
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY
4. Prior to June 1, 2016, employers may use the following legend in lieu of that specified in subsection (k)(7)(B)2. of this section: [§1529(k)(7)(B)4.]
RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA
(C) The employer shall ensure that employees working in and contiguous to regulated areas comprehend the warning signs required to be posted by subsection (k)(7)(A) of this section. Means to ensure employee comprehension may include the use of foreign languages, pictographs and graphics. [§1529(k)(7)(C)]
(8) Labels. [§1529(k)(8)]
(A) Labels shall be affixed to all products containing asbestos and to all containers containing such products, including waste containers. Where feasible, installed asbestos products shall contain a visible label. [§1529(k)(8)(A)]
(B) The employer shall ensure that such labels comply with subsection (k) of this section. [§1529(k)(8)(B)]
(C) The employer shall ensure that labels of bags or containers of protective clothing and equipment, scrap, waste, and debris containing asbestos fibers bear the following information: [§1529(k)(8)(C)]
DANGER
CONTAINS ASBESTOS FIBERS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
DO NOT BREATHE DUST
AVOID CREATING DUST
(D) 1. Prior to June 1, 2015, employers may include the following information on raw materials, mixtures or labels of bags or containers of protective clothing and equipment, scrap, waste, and debris containing asbestos fibers in lieu of the labeling requirements in subsections (k)(8)(B) and (k)(8)(C) of this section: [§1529(k)(8)(D)1.]
DANGER
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD
2. Labels shall contain a warning statement against breathing asbestos fibers. [§1529(k)(8)(D)2.]
(E) The provisions for labels required by subsections (k)(8)(A) through (k)(8)(C) do not apply where: [§1529(k)(8)(E)]
1. Asbestos fibers have been modified by a bonding agent, coating, binder, or other material, provided that the manufacturer can demonstrate that, during any reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no airborne concentrations of asbestos fibers in excess of the permissible exposure limit and/or excursion limit will be released, or [§1529(k)(8)(E)1.]
2. Asbestos is present in a waste product in concentrations less than 1.0 percent. [§1529(k)(8)(E)2.]
Note: Section 5194 of the General Industry Safety Orders requires that manufactured and imported products containing more than 0.1% asbestos by weight be labeled with an appropriate warning. The exemptions specified in subsection (k)(7)(E) only apply to waste products or waste containers.
(F) When a building owner or employer identifies previously installed PACM and/or ACM, labels or signs shall be affixed or posted so that employees will be notified of what materials contain PACM and/or ACM. The employer shall attach such labels in areas where they will clearly be noticed by employees who are likely to be exposed, such as at the entrance to mechanical room/areas. Signs required by subsection (k)(6) of this section may be posted in lieu of labels so long as they contain information required for labeling. The employer shall ensure, to the extent feasible, that employees who come in contact with these signs or labels can comprehend them. Means to ensure employee comprehension may include the use of foreign languages, pictographs, graphics, and awareness training. [§1529(k)(8)(F)]
(9) Employee Information and Training. [§1529(k)(9)]
(A) The employer shall, at no cost to the employee, institute a training program for all employees who are likely to be exposed in excess of a PEL and for all employees who perform Class I through IV asbestos operations, and shall ensure their participation in the program. [§1529(k)(9)(A)]
(B) Training shall be provided prior to or at the time of initial assignment and at least annually thereafter. Employees engaged in asbestos-related work that requires employer registration under Section 341.6 or engaged in asbestos cement pipe operations as defined in subsection (r), shall
be trained and certified by a Division approved training provider. To be approved by the Division, training providers shall (1) apply to the Division for course approval and (2) pay fees covering the cost of the approval process to the Division as specified in regulations promulgated by the Division pursuant to the provisions of Chapter 3.5 (beginning with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. [§1529(k)(9)(B)]
(C) Training for Class I operations and for Class II operations that require the use of critical barriers (or equivalent isolation methods) and/or negative pressure enclosures under this section shall be the equivalent in curriculum training method and length to the EPA Model Accreditation Plan (MAP) asbestos abatement workers training (40 CFR Part 763, Subpart E, Appendix C). [§1529(k)(9)(C)]
(D) Training for other Class II work. [§1529(k)(9)(D)]
1. For work with asbestos containing material involving roofing materials, flooring materials, siding materials, ceiling tiles, or transite panels, training shall include at a minimum all the elements included in subsection (k)(9)(H) of this section and in addition, the specific work practices and engineering controls set forth in subsection (g) of this section which specifically relate to that category. Such course shall include "hands-on" training and shall take at least 8 hours. [§1529(k)(9)(D)1.]
2. An employee who works with more than one of the categories of material specified in subsection (k)(9)(D)1. of this section shall receive training in the work practices applicable to each category of material that the employee removes and each removal method that the employee uses. [§1529(k)(9)(D)2.]
3. For Class II operations not involving the categories of material specified in subsection (k)(9)(D)1. of this section, training shall be provided which shall include at a minimum all the elements included in subsection (k)(9)(H) of this section and in addition, the specific work practices and engineering controls set forth in subsection (g) of this section which specifically relate to the category of material being removed, and shall include "hands-on" training in the work practices applicable to each category of material that the employee removes and each removal method that the employee uses. [§1529(k)(9)(D)3.]
(E) Training for Class III employees shall be consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2). Such a course shall also include "hands-on" training and shall take at least 16 hours. [§1529(k)(9)(E)]
Exception: For Class III operations for which the competent person determines that the EPA curriculum does not adequately cover the training needed to perform that activity, training shall include as a minimum all the elements included in subsection (k)(9)(H) of this section and in addition, the specific work practices and engineering controls set forth in subsection (g) of this section which specifically relate to that activity, and shall include "hands-on" training in the work practices applicable to each category of material that the employee disturbs.
(F) Training for employees performing Class IV operations shall be consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(1). Such a course shall include available information concerning the locations of thermal system insulation and surfacing ACM/PACM, and asbestos-containing flooring material, or flooring material where the absence of asbestos has not yet been certified; and instruction in recognition of damage, deterioration, and delamination of asbestos containing building materials. Such course shall take at least 2 hours. [§1529(k)(9)(F)]
(G) Training for employees who are likely to be exposed in excess of the PEL and who are not otherwise required to be trained under subsections (k)(9)(C) through (F) of this section, shall meet the requirements of subsection (k)(9)(H) of this section. [§1529(k)(9)(G)]
(H) The training program shall be conducted in a manner that the employee is able to understand. In addition to the content required by provisions in subsections (k)(9)(C) through (F) of this section, the employer shall ensure that each such employee is informed of the following: [§1529(k)(9)(H)]
1. Methods of recognizing asbestos, including the requirement in subsection (k)(1) of this section to presume that certain building materials contain asbestos; [§1529(k)(9)(H)1.]
2. The health effects associated with asbestos exposure; [§1529(k)(9)(H)2.]
3. The relationship between smoking and asbestos in producing lung cancer; [§1529(k)(9)(H)3.]
4. The nature of operations that could result in exposure to asbestos, the importance of necessary protective controls
to minimize exposure including, as applicable, engineering controls, work practices, respirators, housekeeping procedures, hygiene facilities, protective clothing, decontamination procedures, emergency procedures, and waste disposal procedures, and any necessary instruction in the use of these controls and procedures where Class III and IV work will be or is performed, the contents of EPA 20T2003, "Managing Asbestos In-Place" July 1990 or its equivalent in content; [§1529(k)(9)(H)4.]
5. The purpose, proper use, fitting instructions, and limitations of respirators as required by Section 5144; [§1529(k)(9)(H)5.]
6. The appropriate work practices for performing the asbestos job; [§1529(k)(9)(H)6.]
7. Medical surveillance program requirements; [§1529(k)(9)(H)7.]
8. The content of this standard including appendices; [§1529(k)(9)(H)8.]
9. The names, addresses and phone numbers of public health organizations which provide information, materials and/or conduct programs concerning smoking cessation. The employer may distribute the list of such organizations contained in Appendix J to this section, to comply with this requirement; and [§1529(k)(9)(H)9.]
10. The requirements for posting signs and affixing labels and the meaning of the required legends for such signs and labels. [§1529(k)(9)(H)10.]
(10)Access to training materials. [§1529(k)(10)]
(A) The employer shall make readily available to affected employees without cost, written materials relating to the employee training program, including a copy of this regulation. [§1529(k)(10)(A)]
(B) The employer shall provide to the Chief and the Director, upon request, all information and training materials relating to the employee information and training program. [§1529(k)(10)(B)]
(C) The employer shall inform all employees concerning the availability of self-help smoking cessation program material. Upon employee request, the employer shall distribute such material, consisting of NIH Publication No. 89-1647, or equivalent self-help material, which is approved or published by a public health organization listed in Appendix J to this section. [§1529(k)(10)(C)]
(l)Housekeeping. [§1529(l)]
(1) Vacuuming. Where vacuuming methods are selected, HEPA filtered vacuuming equipment must be used. The equipment shall be used and emptied in a manner that minimizes the reentry of asbestos into the workplace. [§1529(l)(1)]
(2) Waste disposal. Asbestos waste, scrap, debris, bags, containers, equipment, and contaminated clothing consigned for disposal shall be collected and disposed of in sealed, labeled, impermeable bags or other closed, labeled, impermeable containers except in roofing operations, where the procedures specified in subsection (g)(8)(B) of this section apply. [§1529(l)(2)]
(3) Care of asbestos-containing flooring material. [§1529(l)(3)]
(A) All vinyl and asphalt flooring material shall be maintained in accordance with this subsection unless the building/facility owner demonstrates, pursuant to subsection (g)(8)(A)9. of this section that the flooring does not contain asbestos. [§1529(l)(3)(A)]
(B) Sanding of flooring material is prohibited. [§1529(l)(3)(B)]
(C) Stripping of finishes shall be conducted using low abrasion pads at speeds lower than 300 rpm and wet methods. [§1529(l)(3)(C)]
(D) Burnishing or dry buffing may be performed only on flooring which has sufficient finish so that the pad cannot contact the flooring material. [§1529(l)(3)(D)]
(4) Waste and debris and accompanying dust in an area containing accessible thermal system insulation or surfacing ACM/ PACM or visibly deteriorated ACM: [§1529(l)(4)]
(A) shall not be dusted or swept dry, or vacuumed without using a HEPA filter; [§1529(l)(4)(A)]
(B) shall be promptly cleaned up and disposed of in leak tight containers. [§1529(l)(4)(B)]
(m) Medical surveillance. [§1529(m)]
(1) General. [§1529(m)(1)]
(A) Employees covered. [§1529(m)(1)(A)]
1. The employer shall institute a medical surveillance program for all employees who, for a combined total of 30 or more days per year, are engaged in Class I, II and III work or are exposed at or above the permissible exposure limit. For purposes of this paragraph, any day in which a worker engages in Class II or Class III operations or a combination thereof on intact material for one hour or less (taking into account the entire time spent on the removal operation, including cleanup) and, while doing so, adheres fully to the work practices specified in this standard, shall not be counted. [§1529(m)(1)(A)1.]
§1529
Subchapter 4. Construction Safety Orders
2. For employees otherwise required by this standard to wear a negative pressure respirator, employers shall ensure employees are physically able to perform the work and use the equipment. This determination shall be made under the supervision of a physician. [§1529(m)(1)(A)2.]
(B) Examination. [§1529(m)(1)(B)]
1. The employer shall ensure that all medical examinations and procedures are performed by or under the supervision of a licensed physician, and are provided at no cost to the employee and at a reasonable time and place. [§1529(m)(1)(B)1.]
2. Persons other than such licensed physicians who administer the pulmonary function testing required by this section shall complete a training course in spirometry sponsored by an appropriate academic or professional institution. [§1529(m)(1)(B)2.]
(2) Medical examinations and consultations. [§1529(m)(2)]
(A) Frequency. The employer shall make available medical examinations and consultations to each employee covered under subsection (m)(1)(A) of this section on the following schedules: [§1529(m)(2)(A)]
1. Prior to assignment of the employee to an area where negative-pressure respirators are worn; [§1529(m)(2)(A)1.]
2. When the employee is assigned to an area where exposure to asbestos may be at or above the permissible exposure limit for 30 or more days per year, or engage in Class I, II or III work for a combined total of 30 or more days per year, a medical examination must be given within 10 working days following the thirtieth day of exposure; [§1529(m)(2)(A)2.]
3. And at least annually thereafter. [§1529(m)(2)(A)3.]
4. If the examining physician determines that any of the examinations should be provided more frequently than specified, the employer shall provide such examinations to affected employees at the frequencies specified by the physician. [§1529(m)(2)(A)4.]
5. EXCEPTION: No medical examination is required of any employee if adequate records show that the employee has been examined in accordance with this subsection within the past 1 year period. [§1529(m)(2)(A)5.]
6. Employers shall provide a medical examination at the termination of employment for any employee who has been exposed to airborne concentrations of asbestos at or above the permissible exposure limit and/or excursion limit. The medical examination shall be given within 30 calendar days before or after the date of termination of employment. [§1529(m)(2)(A)6.]
(B) Content. Medical examinations made available pursuant to subsections (m)(2)(A)1. through (m)(2)(A)3. of this section shall include: [§1529(m)(2)(B)]
1. A medical and work history with special emphasis directed to the pulmonary, cardiovascular, and gastrointestinal systems. [§1529(m)(2)(B)1.]
2. On initial examination, the standardized questionnaire contained in Part 1 of Appendix D to this section, and, on annual examination, the abbreviated standardized questionnaire contained in Part 2 of Appendix D to this section. [§1529(m)(2)(B)2.]
3. A physical examination directed to the pulmonary and gastrointestinal systems, including a chest roentgenogram to be administered in accordance with Table 2 below, and pulmonary function tests of forced vital capacity (FVC) and forced expiratory volume at one second (FEV1(1)). Interpretation and classification of chest roentgenograms shall be conducted in accordance with Appendix E to this section. [§1529(m)(2)(B)3.]
* Oblique x-rays need only be performed every 3 years.
4. Any other examinations or tests deemed necessary by the examining physician. [§1529(m)(2)(B)4.]
(3) Information provided to the physician. The employer shall provide the following information to the examining physician: [§1529(m)(3)]
(A) A copy of this standard and Appendices D, E, and I to this section; [§1529(m)(3)(A)]
(B) A description of the affected employee's duties as they relate to the employee's exposure; [§1529(m)(3)(B)]
(C) The employee's representative exposure level or anticipated exposure level; [§1529(m)(3)(C)]
(D) A description of any personal protective and respiratory equipment used or to be used; and [§1529(m)(3)(D)]
(E) Information from previous medical examinations of the affected employee that is not otherwise available to the examining physician. [§1529(m)(3)(E)]
(4) Physician's written opinion. [§1529(m)(4)]
(A) The employer shall obtain a written opinion from the examining physician. This written opinion shall contain the results of the medical examination and shall include: [§1529(m)(4)(A)]
1. The physician's opinion as to whether the employee has any detected medical conditions that would place the employee at an increased risk of material health impairment from exposure to asbestos; [§1529(m)(4)(A)1.]
2. Any recommended limitations on the employee or on the use of personal protective equipment such as respirators; and [§1529(m)(4)(A)2.]
3. A statement that the employee has been informed by the physician of the results of the medical examination and of any medical conditions that may result from asbestos exposure. [§1529(m)(4)(A)3.]
4. A statement that the employee has been informed by the physician of the increased risk of lung cancer attributable to the combined effect of smoking and asbestos exposure. [§1529(m)(4)(A)4.]
(B) The employer shall instruct the physician not to reveal in the written opinion given to the employer specific findings or diagnoses unrelated to occupational exposure to asbestos. [§1529(m)(4)(B)]
(C) The employer shall provide a copy of the physician's written opinion to the affected employee within 30 days from its receipt. [§1529(m)(4)(C)]
(n) Recordkeeping. [§1529(n)]
(1) Objective data relied on pursuant to subsection (f) to this section. [§1529(n)(1)]
(A) Where the employer has relied on objective data that demonstrates that products made from or containing asbestos or the activity involving such products or material are not capable of releasing fibers of asbestos in concentrations at or above the permissible exposure limit and/or excursion limit under the expected conditions of processing, use, or handling to satisfy the requirements of subsection (f), the employer shall establish and maintain an accurate record of objective data reasonably relied upon in support of the exemption. [§1529(n)(1)(A)]
(B) The record shall include at least the following information: [§1529(n)(1)(B)]
1. The product qualifying for exemption; [§1529(n)(1)(B)1.]
2. The source of the objective data; [§1529(n)(1)(B)2.]
3. The testing protocol, results of testing, and/or analysis of the material for the release of asbestos; [§1529(n)(1)(B)3.]
4. A description of the operation exempted and how the data support the exemption; and [§1529(n)(1)(B)4.]
5. Other data relevant to the operations, materials, processing, or employee exposures covered by the exemption. [§1529(n)(1)(B)5.]
(C) The employer shall maintain this record for the duration of the employer's reliance upon such objective data. [§1529(n)(1)(C)]
(2) Exposure measurements. [§1529(n)(2)]
(A) The employer shall keep an accurate record of all measurements taken to monitor employee exposure to asbestos as prescribed in subsection (f) of this section. [§1529(n)(2)(A)]
Note: The employer may utilize the services of competent organizations such as industry trade associations and employee associations to maintain the records required by this section.
(B) This record shall include at least the following information: [§1529(n)(2)(B)]
1. The date of measurement; [§1529(n)(2)(B)1.]
2. The operation involving exposure to asbestos that is being monitored; [§1529(n)(2)(B)2.]
3. Sampling and analytical methods used and evidence of their accuracy; [§1529(n)(2)(B)3.]
4. Number, duration, and results of samples taken; [§1529(n)(2)(B)4.]
5. Type of protective devices worn, if any; and [§1529(n)(2)(B)5.]
6. Name, social security number, and exposure of the employees whose exposures are represented. [§1529(n)(2)(B)6.]
(C) The employer shall maintain this record for at least thirty (30) years, in accordance with Section 3204 of the General Industry Safety Orders. [§1529(n)(2)(C)]
(3) Medical surveillance. [§1529(n)(3)]
(A) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance by subsection (m) of this section, in accordance with Section 3204 of the General Industry Safety Orders. [§1529(n)(3)(A)]
(B) The record shall include at least the following information: [§1529(n)(3)(B)]
1. The name and social security number of the employee; [§1529(n)(3)(B)1.]
2. A copy of the employee's medical examination results, including the medical history, questionnaire responses, results of any tests, and physician's recommendations. [§1529(n)(3)(B)2.]
3. Physician's written opinions; [§1529(n)(3)(B)3.]
4. Any employee medical complaints related to exposure to asbestos; and [§1529(n)(3)(B)4.]
5. A copy of the information provided to the physician as required by subsection (m) of this section. [§1529(n)(3)(B)5.]
(C) The employer shall ensure that this record is maintained for the duration of employment plus thirty (30) years, in accordance with Section 3204 of the General Industry Safety Orders. [§1529(n)(3)(C)]
(4) Training records. The employer shall maintain all employee training records for one (1) year beyond the last date of employment by that employer. [§1529(n)(4)]
(5) Data to Rebut PACM. Where the building owner and employer have relied on data to demonstrate that PACM is not asbestoscontaining, such data shall be maintained for as long as they are relied upon to rebut the presumption. [§1529(n)(5)]
(6) Records of Required Notifications. Where the building owner has communicated and received information concerning the identification, location and quantity of ACM and PACM, written records of such notifications and their content shall be maintained by the building owner for the duration of ownership and shall be transferred to successive owners of such buildings/ facilities. [§1529(n)(6)]
(7) Availability. [§1529(n)(7)]
(A) The employer, upon written request, shall make all records required to be maintained by this section available to the Chief and the Director for examination and copying. [§1529(n)(7)(A)]
(B) The employer, upon request, shall make any exposure records required by subsections (f) and (n) of this section available for examination and copying to affected employees, former employees, designated representatives, and the Chief, in accordance with Section 3204 of the General Industry Safety Orders. [§1529(n)(7)(B)]
(C) The employer, upon request, shall make employee medical records required by subsections (m) and (n) of this section available for examination and copying to the subject employee, anyone having the specific written consent of the subject employee, and the Chief, in accordance with Section 3204 of the General Industry Safety Orders. [§1529(n)(7)(C)]
(8) Transfer of records. [§1529(n)(8)]
(A) The employer shall comply with the requirements concerning transfer of records set forth in Section 3204 of the General Industry Safety orders. [§1529(n)(8)(A)]
(B) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, the employer shall notify the Director at least 90 days prior to disposal and, upon request, transmit them to the Director. [§1529(n)(8)(B)]
(o) Competent person. [§1529(o)]
(1) General. On all construction worksites covered by this standard, the employer shall designate a competent person, having the qualifications and authorities for ensuring worker safety and health required by Sections 1509, 1510, 1512, 1513, 1514, 1523, and 1920 of these orders. [§1529(o)(1)]
(2) Required Inspections by the Competent Person. Section 1509(a) of these orders, which requires health and safety prevention programs to provide for frequent and regular inspections of the job sites, materials, and equipment to be made by competent persons, is incorporated. [§1529(o)(2)]
(3) Additional Inspections. In addition, the competent person shall make frequent and regular inspections of the job sites, in order to perform the duties set out below in subsection (o)(3)(A). For Class I jobs, on-site inspections shall be made at least once during each work shift, and at any time at employee request. For Class II, III and IV jobs, on-site inspections shall be made at
intervals sufficient to assess whether conditions have changed, and at any reasonable time at employee request. [§1529(o)(3)]
(A) On all worksites where employees are engaged in Class I or II asbestos work, the competent person designated in accordance with subsection (e)(6) of this section shall perform or supervise the following duties, as applicable: [§1529(o)(3)(A)]
1. Set up the regulated area, enclosure, or other containment; [§1529(o)(3)(A)1.]
2. Ensure (by on-site inspection) the integrity of the enclosure or containment; [§1529(o)(3)(A)2.]
3. Set up procedures to control entry to and exit from the enclosure and/or area; [§1529(o)(3)(A)3.]
4. Supervise all employee exposure monitoring required by this section and ensure that it is conducted as required by subsection (f) of this section; [§1529(o)(3)(A)4.]
5. Ensure that employees working within the enclosure and/or using glove bags wear respirators and protective clothing as required by subsections (h) and (i) of this section; [§1529(o)(3)(A)5.]
6. Ensure through on-site supervision, that employees set up, use, and remove engineering controls, use work practices and personal protective equipment in compliance with all requirements; [§1529(o)(3)(A)6.]
7. Ensure that employees use the hygiene facilities and observe the decontamination procedures specified in subsection (j) of this section; [§1529(o)(3)(A)7.]
8. Ensure that, through on-site inspection, engineering controls are functioning properly and employees are using proper work practices; and, [§1529(o)(3)(A)8.]
9. Ensure that notification requirement in subsection (k) of this section are met. [§1529(o)(3)(A)9.]
(4) Training for the competent person. [§1529(o)(4)]
(A) For Class I and II asbestos work, the competent person shall be trained in all aspects of asbestos removal and handling, including: abatement, installation, removal and handling; the contents of this standard; the identification of asbestos; removal procedures, where appropriate; and other practices for reducing the hazard. Such training shall be obtained in a comprehensive course for supervisors, that meets the criteria of EPA's Model Accredited Plan (40 CFR Part 763, Subpart E. Appendix C), such as a course conducted by an EPA-approved or state approved training provider, certified by EPA or a state, or a course equivalent in stringency, content and length. [§1529(o)(4)(A)]
(B) For Class III and IV asbestos work, the competent person shall be trained in aspects of asbestos handling appropriate for the nature of the work, to include procedures for setting up glove bags and mini-enclosures, practices for reducing asbestos exposures, use of wet methods, the contents of this standard, and the identification of asbestos. Such training shall include successful completion of a course that is consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2), or its equivalent in stringency, content, and length. Competent persons for Class III and IV work, may also be trained pursuant to the requirements of subsection (o)(4)(A) of this section. [§1529(o)(4)(B)]
(p) Appendices. [§1529(p)]
(1) Appendices A, C, D, and E to this section are incorporated as part of this section and the contents of these appendices are mandatory. [§1529(p)(1)]
(2) Appendices B, F, H, I, J, and K to this section are informational and are not intended to create any additional obligations not otherwise imposed or to detract from any existing obligations. [§1529(p)(2)]
(q) Certified Asbestos Consultants and Certified Site Surveillance Technicians. [§1529(q)]
(1) The following definitions are applicable to subsection (q) only: [§1529(q)(1)]
Asbestos consultant means any person who contracts to provide professional health and safety services relating to asbestoscontaining construction material as defined in this subsection, which comprises 100 square feet or more of surface area. The activities of an asbestos consultant include building inspection, abatement project design, contract administration, sample collection, preparation of asbestos management plans, clearance monitoring, and supervision of site surveillance technicians as defined in this subsection.
Asbestos-containing construction material means any manufactured construction material which contains more than one tenth of 1 percent asbestos by weight.
Certified asbestos consultant means any asbestos consultant certified by the Division pursuant to this section.
§1529 Appendix A
Subchapter 4. Construction Safety Orders
Certified site surveillance technician means any surveillance technician certified by the Division pursuant to the section.
Division means the Division of Occupational Safety and Health of the California Department of Industrial Relations. Site surveillance technician means any person who acts as an independent on-site representative of an asbestos consultant. The site surveillance technician monitors the asbestos abatement activities of others, provides asbestos air monitoring services for area and personal samples, and performs building surveys and contract administration at the direction of an asbestos consultant. State-of-the-art means all asbestos abatement and control work procedures currently in use which have been demonstrated to be the most effective, reliable, and protective of workers health. As new procedures are developed which demonstrate greater effectiveness, reliability, and worker protection and thereby come into use, they become state-of-the-art.
(2) Certified Asbestos Consultant Criteria. [§1529(q)(2)]
To obtain certification, an asbestos consultant must apply to the Division and complete all application requirements specified in Section 341.15. In order to qualify as an asbestos consultant, the applicant must meet all of the following requirements:
(A) Achievement of a passing score as determined by the Division on an examination approved or administered by the Division including, but not limited to, the following subjects: [§1529(q)(2)(A)]
1. The physical characteristics of asbestos; [§1529(q)(2)(A)1.]
2. The health effects of asbestos; [§1529(q)(2)(A)2.]
3. The regulatory requirements of the Division, the Federal Occupational Safety and Health Administration, the U.S. Environmental Protection Agency, air quality management districts, and the Department of Health Services, including protective clothing, respiratory protection, exposure limits, personal hygiene, medical monitoring, disposal, and general industry safety hazards; [§1529(q)(2)(A)3.]
4. State-of-the-art asbestos abatement and control work procedures; [§1529(q)(2)(A)4.]
5. Federal Asbestos Hazard Emergency Response Act training information and procedures for inspectors, management planners, and supervisors, as provided for under Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code, or the equivalent, as determined by the Division; and [§1529(q)(2)(A)5.]
6. Information concerning industrial hygiene sampling methodology, including asbestos sampling and analysis techniques and recordkeeping. [§1529(q)(2)(A)6.]
(B) Providing such documentation and other information as the Division shall require to substantiate: [§1529(q)(2)(B)]
1. The possession of a valid and appropriate federal Asbestos Hazard Emergency Response Act [Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code] certificate, or its equivalent, as determined by the Division; and [§1529(q)(2)(B)1.]
2. Any one of the following combinations of education and experience: [§1529(q)(2)(B)2.]
A. One year of asbestos-related experience and a bachelor of science degree in engineering, architecture, industrial hygiene, construction management, or a related biological or physical science; [§1529(q)(2)(B)2.A.]
B. Two years of asbestos-related experience and a bachelor's degree; [§1529(q)(2)(B)2.B.]
C. Three years of asbestos-related experience and an associate of arts degree in engineering, architecture, industrial hygiene, construction management, or a related biological or physical science; or [§1529(q)(2)(B)2.C.]
D. Four years of asbestos-related experience and a high school diploma or its equivalent. [§1529(q)(2)(B)2.D.]
(3) Certified Site Surveillance Technician Criteria. [§1529(q)(3)]
To obtain certification, a site surveillance technician must apply to the Division and complete all application requirements specified in Section 341.15. In order to qualify as a site surveillance technician, the applicant must meet all of the following requirements:
(A) Achievement of a passing score as determined by the Division on an examination approved or administered by the Division including, but not limited to, the following subjects: [§1529(q)(3)(A)]
1. The physical characteristics of asbestos; [§1529(q)(3)(A)1.]
2. The health effects of asbestos; [§1529(q)(3)(A)2.]
3. The regulatory requirements of the Division, the Federal Occupational Safety and Health Administration, the U.S.
Environmental Protection Agency, air quality management districts, and the Department of Health Services, including protective clothing, respiratory protection, exposure limits, personal hygiene, medical monitoring, disposal, and general industry safety hazards; [§1529(q)(3)(A)3.]
4. State-of-the-art asbestos abatement and control work procedures. [§1529(q)(3)(A)4.]
5. Information concerning industrial hygiene sampling methodology, including sampling techniques and recordkeeping. [§1529(q)(3)(A)5.]
(B) Providing such documentation and other information as the Division shall require to substantiate all of the following: [§1529(q)(3)(B)]
1. Possession of a valid federal Asbestos Hazard Emergency Response Act [Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code] certificate for the type of work being performed, or its equivalent, as determined by the Division. [§1529(q)(3)(B)1.]
2. Six (6) months of asbestos-related experience under the supervision of an asbestos consultant. [§1529(q)(3)(B)2.]
3. Possession of a high school diploma or equivalent. [§1529(q)(3)(B)3.]
(4) No employer shall engage the services of an asbestos consultant or site surveillance technician unless that person provides proof of certification by the Division. [§1529(q)(4)]
(r) Report of Use and Asbestos-related Work Registration. [§1529(r)]
(1) The following definitions are applicable to subsection (r) only: [§1529(r)(1)]
Asbestos-containing construction material means any manufactured construction material which contains more than one tenth of 1 percent asbestos by weight. Asbestos-related work means any activity which by disturbing asbestos-containing construction materials may release asbestos fibers into the air and which is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials, or the installation or repair of automotive materials containing asbestos. Asbestos-related work does not include the installation, repair, maintenance, or nondestructive removal of asbestos cement pipe used outside of buildings if the work operations do not result in employee exposures to asbestos in excess of 0.1 fibers per cubic centimeter of air (f/cc) as an 8-hour time-weighted average and the employees and supervisors involved in the work operations are trained and certified by an asbestos cement pipe training program which is approved by the Division.
(2) Report of Use. See Section 5203. [§1529(r)(2)]
Note: Employers registered with the Chief in accordance with Sections 341.6 to 341.9 for the purpose of conducting asbestos-related work involving over 100 square feet, as defined in Section 341.6(a), of asbestos-containing construction material shall be deemed to be in compliance with Section 5203 for the asbestosrelated work requiring registration. Except that emergencies as defined in Section 5203(a) must be reported as required in Section 5203(f).
Exception: An employer need not register all the materials containing asbestos if objective data demonstrates that during all reasonably foreseeable uses, handling, storage, disposal, processing, or transportation, no airborne concentrations of asbestos fibers in excess of the permissible exposure limit and/or excursion limit will be released. The objective data shall include at least those elements specified in subsection (n)(1) of this section.
§1529 Appendix A OSHA Reference Method (Mandatory)
This mandatory appendix specifies the procedure for analyzing air samples for asbestos and specifies quality control procedures that must be implemented by laboratories performing the analysis. The sampling and analytical methods described below represent the elements of the available monitoring methods (such as Appendix B to this section, the most current version of the OSHA method ID-60, or the most current version of the NIOSH 7400 method) which OSHA considers to be essential to achieve adequate employee exposure monitoring while allowing employers to use methods that are already established within their organizations. All employers who are required to conduct air monitoring under subsection (f) of this section are required to utilize analytical laboratories that use this procedure, or an equivalent method, for collecting and analyzing samples.
Sampling and Analytical Procedure
1. The sampling medium for air samples shall be mixed cellulose ester filter membranes. These shall be designated by the manufacturer as suitable for asbestos counting. See below for rejection of blanks.
2. The preferred collection device shall be the 25-mm diameter cassette with an open-faced 50-mm extension cowl. The 37-mm cassette may be used if necessary but only if written justification for the need to use the 37-mm filter cassette accompanies the sample results in the employee's exposure monitoring record. Do not reuse or reload cassettes for asbestos sample collection.
3. An air flow rate between 0.5 liter/min and 2.5 liters/min shall be selected for the 25-mm cassette. If the 37-mm cassette is used, an air flow rate between 1 liter/min and 2.5 liters/min shall be selected.
4. Where possible, a sufficient air volume for each air sample shall be collected to yield between 100 and 1,300 fibers per square millimeter on the membrane filter. If a filter darkens in appearance or if loose dust is seen on the filter, a second sample shall be started.
5. Ship the samples in a rigid container with sufficient packing material to prevent dislodging the collected fibers. Packing material that has a high electrostatic charge on its surface (e.g., expanded polystyrene) cannot be used because such material can cause loss of fibers to the sides of the cassette.
6. Calibrate each personal sampling pump before and after use with a representative filter cassette installed between the pump and the calibration devices.
7. Personal samples shall be taken in the "breathing zone" of the employee (i.e., attached to or near the collar or lapel near the worker's face).
8. Fiber counts shall be made by positive phase contrast using a microscope with an 8 to 10 X eyepiece and a 40 to 45 X objective for a total magnification of approximately 400 X and a numerical aperture of 0.65 to 0.75. The microscope shall also be fitted with a green or blue filter.
9. The microscope shall be fitted with a Walton-Beckett eyepiece graticule calibrated for a field diameter of 100 micrometers (± 2 micrometers).
10. The phase-shift detection limit of the microscope shall be about 3 degrees measured using the HSE phase shift test slide as outlined below.
a. Place the test slide on the microscope stage and center it under the phase objective.
b. Bring the blocks of grooved lines into focus.
Note: The slide consists of seven sets of grooved lines (ca. 20 grooves to each block) in descending order of visibility from sets 1 to 7, seven being the least visible. The requirements for asbestos counting are that the microscope optics must resolve the grooved lines in set 3 completely, although they may appear somewhat faint, and that the grooved lines in sets 6 and 7 must be invisible. Sets 4 and 5 must be at least partially visible but may vary slightly in visibility between microscopes. A microscope that fails to meet these requirements has either too low or too high a resolution to be used for asbestos.
c. If the image deteriorates, clean and adjust the microscope optics. If the problem persists, consult the microscope manufacturer.
11. Each set of samples taken will include 10% field blanks or a minimum of 2 field blanks. These blanks must come from the same lot as the filters used for sample collection. The field blank results shall be averaged and subtracted from the analytical results before reporting. A set consists of any sample or group of samples for which an evaluation for this standard must be made. Any samples represented by a field blank having a fiber count in excess of the detection limit of the method being used shall be rejected.
12. The samples shall be mounted by the acetone/triacetin method or a method with an equivalent index of refraction and similar clarity.
13. Observe the following counting rules.
a. Count only fibers equal to or longer than 5 micrometers. Measure the length of curved fibers along the curve.
b. Count all particles as asbestos that have a length-to-width ratio (aspect ratio) of 3:1 or greater.
c. Fibers lying entirely within the boundary of the Walton-Beckett graticule field shall receive a count of 1. Fibers crossing the boundary once, having one end within the circle, shall receive the count of one half (1⁄2). Do not count any fiber that crosses the graticule boundary more than once. Reject and do not count any other fibers even though they may be visible outside the graticule area.
d. Count bundles of fibers as one fiber unless individual fibers can be identified by observing both ends of an individual fiber.
e. Count enough graticule fields to yield 100 fibers. Count a minimum of 20 fields; stop counting at 100 fields regardless of fiber count.
14. Blind recounts shall be conducted at the rate of 10 percent.
Quality Control Procedures
1. Intra-laboratory program. Each laboratory and/or each company with more than one microscopist counting slides shall establish a statistically designed quality assurance program involving blind recounts and comparisons between microscopists to monitor the variability of counting by each microscopist and between microscopists. In a company with more than one laboratory, the program shall include all laboratories and shall also evaluate the laboratoryto-laboratory variability.
2. a. Interlaboratory program. Each laboratory analyzing asbestos samples for compliance determination shall implement an interlaboratory quality assurance program that as a minimum includes participation of at least two other independent laboratories. Each laboratory shall participate in round robin testing at
least once every 6 months with at least all the other laboratories in its interlaboratory quality assurance group. Each laboratory shall submit slides typical of its own work load for use in this program. The round robin shall be designed and results analyzed using appropriate statistical methodology.
b. All laboratories should participate in a national sample testing scheme such as the Proficiency Analytical Testing Program (PAT), the Asbestos Registry sponsored by the American Industrial Hygiene Association (AIHA).
3. All individuals performing asbestos analysis must have taken the NIOSH course for sampling and evaluating airborne asbestos dust or an equivalent course.
4. When the use of different microscopes contributes to differences between counters and laboratories, the effect of the different microscopes shall be evaluated and the microscopes shall be replaced, as necessary.
5. Current results of these quality assurance programs shall be posted in each laboratory to keep the microscopists informed.
§1529 Appendix B Sampling and Analysis (Non-mandatory)
Matrix Air:
OSHA Permissible Exposure Limits:
Time Weighted Average 0.1 fiber/cc
Collection Procedure:
A known volume of air is drawn through a 25-mm diameter cassette containing a mixed-cellulose ester filter. The cassette must be equipped with an electrically conductive 50-mm extension cowl. The sampling time and rate are chosen to give a fiber density of between 100 to 1,300 fibers/mm2 on the filter.
Recommended Sampling Rate:
0.5 to 5.0 liters/minute (L/min)
Recommended Air Volumes:
Minimum 25 L
Maximum 2,400 L
Analytical Procedure:
A portion of the sample filter is cleared and prepared for asbestos fiber counting by Phase Contrast Microscopy (PCM) at 400X. Commercial manufacturers and products mentioned in this method are for descriptive use only and do not constitute endorsements by USDOLOSHA. Similar products from other sources can be substituted.
1. Introduction
This method describes the collection of airborne asbestos fibers using calibrated sampling pumps with mixed-cellulose ester (MCE) filters and analysis by phase contrast microscopy (PCM). Some terms used are unique to this method and are defined below:
Asbestos: A term for naturally occurring fibrous minerals. Asbestos includes chrysotile, crocidolite, amosite (cummingtonite-grunerite asbestos), tremolite asbestos, actinolite asbestos, anthophyllite asbestos, and any of these minerals that have been chemically treated and/or altered. The precise chemical formulation of each species will vary with the location from which it was mined. Nominal compositions are listed:
Chrysotile..................... Mg3Si2O5(OH)4
Crocidolite.................... Na2Fe32+Fe23Si8O22(OH)2
Amosite........................ (Mg,Fe)7Si8O22(OH)2
Tremolite-actinolite....... Ca2(Mg,Fe)5Si8O22(OH)2
Anthophyllite................ (Mg,Fe)7Si8O22(OH)2
Asbestos Fiber: A fiber of asbestos which meets the criteria specified below for a fiber.
Aspect Ratio: The ratio of the length of a fiber to it's diameter (e.g. 3:1, 5:1 aspect ratios).
Cleavage Fragments: Mineral particles formed by comminution of minerals, especially those characterized by parallel sides and a moderate aspect ratio (usually less than 20:1).
Detection Limit: The number of fibers necessary to be 95% certain that the result is greater than zero.
Differential Counting: The term applied to the practice of excluding certain kinds of fibers from the fiber count because they do not appear to be asbestos.
Fiber: A particle that is 5 μm or longer, with a length-to-width ratio of 3 to 1 or longer.
Field: The area within the graticule circle that is superimposed on the microscope image.
Set: The samples which are taken, submitted to the laboratory, analyzed, and for which, interim or final result reports are generated.
Tremolite, Anthophyllite, and Actinolite: The non-asbestos form of these minerals which meet the definition of a fiber. It includes any of these minerals that have been chemically treated and/or altered.
Subchapter 4. Construction Safety Orders
Walton-Beckett Graticule: An eyepiece graticule specifically designed for asbestos fiber counting. It consists of a circle with a projected diameter of 100 plus or minus 2 μm (area of about 0.00785 mm2) with a crosshair having tic-marks at 3-μm intervals in one direction and 5-μm in the orthogonal direction. There are marks around the periphery of the circle to demonstrate the proper sizes and shapes of fibers. This design is reproduced in Figure 1. of this appendix. The disk is placed in one of the microscope eyepieces so that the design is superimposed on the field of view.
1.1. History
Early surveys to determine asbestos exposures were conducted using impinger counts of total dust with the counts expressed as million particles per cubic foot. The British Asbestos Research Council recommended filter membrane counting in 1969. In July 1969, the Bureau of Occupational Safety and Health published a filter membrane method for counting asbestos fibers in the United States. This method was refined by NIOSH and published as P & CAM 239. On May 29, 1971, OSHA specified filter membrane sampling with phase contrast counting for evaluation of asbestos exposures at work sites in the United States. The use of this technique was again required by OSHA in 1986. Phase contrast microscopy has continued to be the method of choice for the measurement of occupational exposure to asbestos.
1.2. Principle
Air is drawn through a MCE filter to capture airborne asbestos fibers. A wedge shaped portion of the filter is removed, placed on a glass microscope slide and made transparent. A measured area (field) is viewed by PCM. All the fibers meeting defined criteria for asbestos are counted and considered a measure of the airborne asbestos concentration.
1.3. Advantages and Disadvantages
There are four main advantages of PCM over other methods:
(1) The technique is specific for fibers. Phase contrast is a fiber counting technique which excludes non-fibrous particles from the analysis.
(2) The technique is inexpensive and does not require specialized knowledge to carry out the analysis for total fiber counts.
(3) The analysis is quick and can be performed on-site for rapid determination of air concentrations of asbestos fibers.
(4) The technique has continuity with historical epidemiological estimates of expected disease can be inferred from longterm determinations of asbestos exposures. The main disadvantage of PCM is that it does not positively identify asbestos fibers. Other fibers which are not asbestos may be included in the count unless differential counting is performed. This requires a great deal of experience to adequately differentiate asbestos from non-asbestos fibers. Positive identification of asbestos must be performed by polarized light or electron microscopy techniques. A further disadvantage of PCM is that the smallest visible fibers are about 0.2 μm in diameter while the finest asbestos fibers may be as small as 0.02 μm in diameter. For some exposures, substantially more fibers may be present than are actually counted.
1.4. Workplace Exposure
Asbestos is used by the construction industry in such products as shingles, floor tiles, asbestos cement, roofing felts, insulation and acoustical products. Non-construction uses include brakes, clutch facings, paper, paints, plastics, and fabrics. One of the most significant exposures in the workplace is the removal and encapsulation of asbestos in schools, public buildings, and homes. Many workers have the potential to be exposed to asbestos during these operations.
About 95% of the asbestos in commercial use in the United States is chrysotile. Crocidolite and amosite make up most of the remainder. Anthophyllite and tremolite or actinolite are likely to be encountered as contaminants in various industrial products.
1.5. Physical Properties
Asbestos fiber possesses a high tensile strength along its axis, is chemically inert, non-combustible, and heat resistant. It has a high electrical resistance and good sound absorbing properties. It can be weaved into cables, fabrics or other textiles, and also matted into asbestos papers, felts, or mats.
2. Range and Detection Limit
2.1. The ideal counting range on the filter is 100 to 1,300 fibers/ mm2. With a Walton-Beckett graticule this range is equivalent to 0.8 to 10 fibers/field. Using NIOSH counting statistics, a count of 0.8 fibers/field would give an approximate coefficient of variation (CV) of 0.13.
2.2. The detection limit for this method is 4.0 fibers per 100 fields or 5.5 fibers/mm2. This was determined using an equation to estimate the maximum CV possible at a specific concentration
(95% confidence) and a Lower Control Limit of zero. The CV value was then used to determine a corresponding concentration from historical CV vs fiber relationships.
As an example:
Lower Control Limit (95% Confidence) = AC - 1.645(CV)(AC)
Where:
AC = Estimate of the airborne fiber concentration (fibers/cc)
Setting the Lower Control Limit = 0 and solving for CV:
0 = AC - 1.645(CV)(AC)
CV = 0.61
This value was compared with CV vs. count curves. The count at which CV = 0.61 for Leidel-Busch counting statistics or for an OSHA Salt Lake Technical Center (OSHA-SLTC) CV curve (see Appendix A for further information) was 4.4 fibers or 3.9 fibers per 100 fields, respectively. Although a lower detection limit of 4 fibers per 100 fields is supported by the OSHA-SLTC data, both data sets support the 4.5 fibers per 100 fields value.
3. Method Performance — Precision and Accuracy
Precision is dependent upon the total number of fibers counted and the uniformity of the fiber distribution on the filter. A general rule is to count at least 20 and not more than 100 fields. The count is discontinued when 100 fibers are counted, provided that 20 fields have already been counted. Counting more than 100 fibers results in only a small gain in precision. As the total count drops below 10 fibers, an accelerated loss of precision is noted. At this time, there is no known method to determine the absolute accuracy of the asbestos analysis. Results of samples prepared through the Proficiency Analytical Testing (PAT) Program and analyzed by the OSHA-SLTC showed no significant bias when compared to PAT reference values. The PAT samples were analyzed from 1987 to 1989 (N=36) and the concentration range was from 120 to 1,300 fibers/mm2
4. Interferences
Fibrous substances, if present, may interfere with asbestos analysis. Some common fibers are: fiberglass anhydrite plant fibers perlite veins gypsum some synthetic fibers membrane structures sponge spicules diatoms microorganisms wollastonite
The use of electron microscopy or optical tests such as polarized light, and dispersion staining may be used to differentiate these materials from asbestos when necessary.
5. Sampling
5.1. Equipment
5.1.1. Sample assembly. Conductive filter holder consisting of a 25-mm diameter, 3-piece cassette having a 50-mm long electrically conductive extension cowl, Backup pad, 25-mm, cellulose. Membrane filter, mixed-cellulose ester (MCE), 25mm, plain, white, 0.4- to 1.2-μm pore size.
Notes:
(a)DO NOT RE-USE CASSETTES.
(b)Fully conductive cassettes are required to reduce fiber loss to the sides of the cassette due to electrostatic attraction.
(c)Purchase filters which have been selected by the manufacturer for asbestos counting or analyze representative filters for fiber background before use. Discard the filter lot if more than 4 fibers/ 100 fields are found.
(d)To decrease the possibility of contamination, the sampling system (filter-backup pad-cassette) for asbestos is usually preassembled by the manufacturer.
(e)Other cassettes, such as the Bell-mouth, may be used within the limits of their validation.
5.1.2. Gel bands for sealing cassettes.
5.1.3. Sampling pump. Each pump must be a battery operated, self-contained unit small enough to be placed on the monitored employee and not interfere with the work being performed. The pump must be capable of sampling at the collection rate for the required sampling time.
5.1.4. Flexible tubing, 6-mm bore.
5.1.5. Pump calibration.
Stopwatch and bubble tube/burette or electronic meter.
5.2. Sampling Procedure
5.2.1. Seal the point where the base and cowl of each cassette meet with a gel band or tape.
separate samples of each different phase of the material. This will aid in determining the actual hazard. DO NOT USE ENVELOPES, PLASTIC OR PAPER BAGS OF ANY KIND TO COLLECT SAMPLES. The use of plastic bags presents a contamination hazard to laboratory personnel and to other samples. When these containers are opened, a bellows effect blows fibers out of the container onto everything, including the person opening the container.
If a cork-borer type sampler is available, push the tube through the material all the way, so that all layers of material are sampled. Some samplers are intended to be disposable. These should be capped and sent to the laboratory. If a non-disposable cork borer is used, empty the contents into a scintillation vial and send to the laboratory. Vigorously and completely clean the cork borer between samples.
2.4. Shipment
Samples packed in glass vials must not touch or they might break in shipment.
(a) Seal the samples with a sample seal over the end to guard against tampering and to identify the sample.
(b) Package the bulk samples in separate packages from the air samples. They may cross-contaminate each other and will invalidate the results of the air samples.
(c) Include identifying paperwork with the samples, but not in contact with the suspected asbestos.
(d) To maintain sample accountability, ship the samples by certified mail, overnight express, or hand carry them to the laboratory.
3. Analysis
The analysis of asbestos samples can be divided into two major parts: sample preparation and microscopy. Because of the different asbestos uses that may be encountered by the analyst, each sample may need different preparation steps. The choices are outlined below. There are several different tests that are performed to identify the asbestos species and determine the percentage. They will be explained below.
3.1. Safety
(a) Do not create unnecessary dust. Handle the samples in HEPA-filter equipped hoods. If samples are received in bags, envelopes or other inappropriate container, open them only in a hood having a face velocity at or greater than 100 fpm. Transfer a small amount to a scintillation vial and only handle the smaller amount.
(b) Open samples in a hood, never in the open lab area.
(c) Index of refraction oils can be toxic. Take care not to get this material on the skin. Wash immediately with soap and water if this happens.
(d) Samples that have been heated in the muffle furnace or the drying oven may be hot. Handle them with tongs until they are cool enough to handle.
(e) Some of the solvents used, such as THF (tetrahydrofuran), are toxic and should only be handled in an appropriate fume hood and according to instructions given in the Safety Data Sheet (SDS).
3.2. Equipment
(a) Phase contrast microscope with 10x, 16x and 40x objectives, 10x wide-field eyepieces, G-22 Walton-Beckett graticule, Whipple disk, polarizer, analyzer and first order red or gypsum plate, 100 Watt illuminator, rotating position condenser with oversize phase rings, central stop dispersion objective, Kohler illumination and a rotating mechanical stage. (see Figure 1. of this appendix)
(b) Stereo microscope with reflected light illumination, transmitted light illumination, polarizer, analyzer and first order red or gypsum plate, and rotating stage.
(c) Negative pressure hood for the stereo microscope
(d) Muffle furnace capable of 600 °C
(e) Drying oven capable of 50 — 150 °C
(f) Aluminum specimen pans
(g) Tongs for handling samples in the furnace
(h) High dispersion index of refraction oils (Special for dispersion staining.)
n = 1.550
n = 1.585
n = 1.590
n = 1.605
n = 1.620
n = 1.670
n = 1.680
n = 1.690
(i) A set of index of refraction oils from about n = 1.350 to n = 2.000 in n = 0.005 increments. (Standard for Becke line analysis.)
(j) Glass slides with painted or frosted ends 1x3 inches 1mm thick, precleaned.
(k) Cover Slips 22x22 mm, #1 1⁄2
(l) Paper clips or dissection needles
(m) Hand grinder
(n) Scalpel with both #10 and #11 blades
(o) 0.1 molar HCl
(p) Decalcifying solution (Baxter Scientific Products)
Ethylenediaminetetraacetic Acid, Tetrasodium 0.7 g/l
Sodium Potassium Tartrate 8.0 mg/liter
Hydrochloric Acid 99.2 g/liter
Sodium Tartrate 0.14 g/liter
(q) Tetrahydrofuran (THF)
(r) Hotplate capable of 60 °C
(s) Balance
(t) Hacksaw blade
(u) Ruby mortar and pestle
3.3. Sample Pre-Preparation
Sample preparation begins with pre-preparation which may include chemical reduction of the matrix, heating the sample to dryness or heating in the muffle furnace. The end result is a sample which has been reduced to a powder that is sufficiently fine to fit under the cover slip. Analyze different phases of samples separately, e.g., tile and the tile mastic should be analyzed separately as the mastic may contain asbestos while the tile may not.
(a) Wet Samples
Samples with a high water content will not give the proper dispersion colors and must be dried prior to sample mounting. Remove the lid of the scintillation vial, place the bottle in the drying oven and heat at 100 °C to dryness (usually about 2 h). Samples which are not submitted to the lab in glass must be removed and placed in glass vials or aluminum weighing pans before placing them in the drying oven.
(b) Samples With Organic Interference — Muffle Furnace
These may include samples with tar as a matrix, vinyl asbestos tile, or any other organic that can be reduced by heating. Remove the sample from the vial and weigh in a balance to determine the weight of the submitted portion. Place the sample in a muffle furnace at 500 °C for 1 to 2 h or until all obvious organic material has been removed. Retrieve, cool and weigh again to determine the weight loss on ignition. This is necessary to determine the asbestos content of the submitted sample, because the analyst will be looking at a reduced sample.
Note: Heating above 600 °C will cause the sample to undergo a structural change which, given sufficient time, will convert the chrysotile to forsterite. Heating even at lower temperatures for 1 to 2 h may have a measurable effect on the optical properties of the minerals. If the analyst is unsure of what to expect, a sample of standard asbestos should be heated to the same temperature for the same length of time so that it can be examined for the proper interpretation.
(c) Samples With Organic Interference — THF
Vinyl asbestos tile is the most common material treated with this solvent, although, substances containing tar will sometimes yield to this treatment. Select a portion of the material and then grind it up if possible. Weigh the sample and place it in a test tube. Add sufficient THF to dissolve the organic matrix. This is usually about 4 to 5 mL. Remember, THF is highly flammable. Filter the remaining material through a tared silver membrane, dry and weigh to determine how much is left after the solvent extraction. Further process the sample to remove carbonate or mount directly.
(d) Samples With Carbonate Interference
Carbonate material is often found on fibers and sometimes must be removed in order to perform dispersion microscopy. Weigh out a portion of the material and place it in a test tube. Add a sufficient amount of 0.1 M HCl or decalcifying solution in the tube to react all the carbonate as evidenced by gas formation; i.e., when the gas bubbles stop, add a little more solution. If no more gas forms, the reaction is complete. Filter the material out through a tared silver membrane, dry and weigh to determine the weight lost.
3.4. Sample Preparation
Samples must be prepared so that accurate determination can be made of the asbestos type and amount present. The following steps are carried out in the low-flow hood (a low-flow hood has less than 50 fpm flow):
(1) If the sample has large lumps, is hard, or cannot be made to lie under a cover slip, the grain size must be reduced. Place a small amount between two slides and grind the material between them or grind a small amount in a clean mortar and pestle. The choice of whether to use an alumina, ruby, or diamond mortar depends on the hardness of the material. Impact damage can alter the asbestos mineral if too much mechanical shock occurs. (Freezer mills can completely destroy the observable crystallinity of asbestos and should not be used). For some samples, a portion of material can be shaved off with a scalpel, ground off with a hand grinder or hack saw blade. The preparation tools should either be disposable or cleaned thoroughly. Use vigorous scrubbing to loosen the fibers during the washing. Rinse the implements with copious amounts of water and air-dry in a dust-free environment.
(2) If the sample is powder or has been reduced as in (1) above, it is ready to mount. Place a glass slide on a piece of optical
Subchapter 4. Construction Safety Orders
tissue and write the identification on the painted or frosted end. Place two drops of index of refraction medium n=1.550 on the slide. (The medium n=1.550 is chosen because it is the matching index for chrysotile. Dip the end of a clean paper-clip or dissecting needle into the droplet of refraction medium on the slide to moisten it. Then dip the probe into the powder sample. Transfer what sticks on the probe to the slide. The material on the end of the probe should have a diameter of about 3 mm for a good mount. If the material is very fine, less sample may be appropriate. For non-powder samples such as fiber mats, forceps should be used to transfer a small amount of material to the slide. Stir the material in the medium on the slide, spreading it out and making the preparation as uniform as possible. Place a cover-slip on the preparation by gently lowering onto the slide and allowing it to fall "trapdoor" fashion on the preparation to push out any bubbles. Press gently on the cover slip to even out the distribution of particulate on the slide. If there is insufficient mounting oil on the slide, one or two drops may be placed near the edge of the coverslip on the slide. Capillary action will draw the necessary amount of liquid into the preparation. Remove excess oil with the point of a laboratory wiper. Treat at least two different areas of each phase in this fashion. Choose representative areas of the sample. It may be useful to select particular areas or fibers for analysis. This is useful to identify asbestos in severely in homogeneous samples. When it is determined that amphiboles may be present, repeat the above process using the appropriate high-dispersion oils until an identification is made or all six asbestos minerals have been ruled out. Note that percent determination must be done in the index medium 1.550 because amphiboles tend to disappear in their matching mediums.
3.5.Analytical procedure
Note: This method presumes some knowledge of mineralogy and optical petrography. The analysis consists of three parts: The determination of whether there is asbestos present, what type is present and the determination of how much is present. The general flow of the analysis is:
(1) Gross examination.
(2) Examination under polarized light on the stereo microscope.
(3) Examination by phase-polar illumination on the compound phase microscope.
(4) Determination of species by dispersion stain. Examination by Becke line analysis may also be used; however, this is usually more cumbersome for asbestos determination.
(5) Difficult samples may need to be analyzed by SEM or TEM, or the results from those techniques combined with light microscopy for a definitive identification.
Identification of a particle as asbestos requires that it be asbestiform. Description of particles should follow the suggestion of Campbell. (Figure 1 of this appendix)
For the purpose of regulation, the mineral must be one of the six minerals covered and must be in the asbestos growth habit. Large specimen samples of asbestos generally have the gross appearance of wood. Fibers are easily parted from it. Asbestos fibers are very long compared with their widths. The fibers have a very high tensile strength as demonstrated by bending without breaking. Asbestos fibers exist in bundles that are easily parted, show longitudinal fine structure and may be tufted at the ends showing "bundle of sticks" morphology. In the microscope some of these properties may not be observable. Amphiboles do not always show striations along their length even when they are asbestos. Neither will they always show tufting. They generally do not show a curved nature except for very long fibers. Asbestos and asbestiform minerals are usually characterized in groups by extremely high aspect ratios (greater than 100:1). While aspect ratio analysis is useful for characterizing populations of fibers, it cannot be used to identify individual fibers of intermediate to short aspect ratio. Observation of many fibers is often necessary to determine whether a sample consists of "cleavage fragments" or of asbestos fibers. Most cleavage fragments of the asbestos minerals are easily distinguishable from true asbestos fibers. This is because true cleavage fragments usually have larger diameters than 1 μm. Internal structure of particles larger than this usually shows them to have no internal fibrillar structure. In addition, cleavage fragments of the monoclinic amphiboles show inclined extinction under crossed polars with no compensator. Asbestos fibers usually show extinction at zero degrees or ambiguous extinction if any at all. Morphologically, the larger cleavage fragments are obvious by their blunt or stepped ends showing prismatic habit. Also, they tend to be circular rather than filiform. Where the particles are less than 1 μm in diameter and have an aspect ratio greater than or equal to 3:1, it is recommended that the sample be analyzed by SEM or TEM if there is any question whether the fibers are cleavage fragments or asbestiform particles. Care must be taken when analyzing by electron microscopy because the interferences are different from those in light microscopy and may structurally be very similar to asbestos. The classic interference is between anthophyllite and biopyribole or intermediate fiber. Use the same morphological clues for electron microscopy as are used for light microscopy, e.g. fibril splitting, internal longitudinal striation, fraying, curvature, etc.
(1) Gross examination:
Examine the sample, preferably in the glass vial. Determine the presence of any obvious fibrous component. Estimate a percentage based on previous experience and current observation. Determine whether any pre-preparation is necessary. Determine the number of phases present. This step may be carried out or augmented by observation at 6 to 40x under a stereo microscope.
(2) After performing any necessary pre-preparation, prepare slides of each phase as described above. Two preparations of the same phase in the same index medium can be made sideby-side on the same glass for convenience. Examine with the polarizing stereo microscope. Estimate the percentage of asbestos based on the amount of birefringent fiber present.
(3) Examine the slides on the phase-polar microscopes at magnifications of 160 and 400x. Note the morphology of the fibers. Long, thin, very straight fibers with little curvature are indicative of fibers from the amphibole family. Curved, wavy fibers are usually indicative of chrysotile. Estimate the percentage of asbestos on the phase-polar microscope under conditions of crossed polars and a gypsum plate. Fibers smaller than 1.0 mm in thickness must be identified by inference to the presence of larger, identifiable fibers and morphology. If no larger fibers are visible, electron microscopy should be performed. At this point, only a tentative identification can be made. Full identification must be made with dispersion microscopy. Details of the tests are included in the appendices.
(4) Once fibers have been determined to be present, they must be identified. Adjust the microscope for dispersion mode and observe the fibers. The microscope has a rotating stage, one polarizing element, and a system for generating dark-field dispersion microscopy (see Section 4.6. of this appendix). Align a fiber with its length parallel to the polarizer and note the color of the Becke lines. Rotate the stage to bring the fiber length perpendicular to the polarizer and note the color. Repeat this process for every fiber or fiber bundle examined. The colors must be consistent with the colors generated by standard asbestos reference materials for a positive identification. In n=1.550, amphiboles will generally show a yellow to straw-yellow color indicating that the fiber indices of refraction are higher than the liquid. If long, thin fibers are noted and the colors are yellow, prepare further slides as above in the suggested matching liquids listed below:
Where more than one liquid is suggested, the first is preferred; however, in some cases this liquid will not give good dispersion color. Take care to avoid interferences in the other liquid; e.g., wollastonite in n=1.620 will give the same colors as tremolite. In n=1.605 wollastonite will appear yellow in all directions. Wollastonite may be determined under crossed polars as it will change from blue to yellow as it is rotated along its fiber axis by tapping on the cover slip. Asbestos minerals will not change in this way.
Determination of the angle of extinction may, when present, aid in the determination of anthophyllite from tremolite. True asbestos fibers usually have 0 deg. extinction or ambiguous extinction, while cleavage fragments have more definite extinction. Continue analysis until both preparations have been examined and all present species of asbestos are identified. If there are no fibers present, or there is less than 0.1% present, end the analysis with the minimum number of slides (2).
(5) Some fibers have a coating on them which makes dispersion microscopy very difficult or impossible. Becke line analysis or electron microscopy may be performed in those cases. Determine the percentage by light microscopy. TEM analysis tends to overestimate the actual percentage present.
(6) Percentage determination is an estimate of occluded area, tempered by gross observation. Gross observation information is used to make sure that the high magnification microscopy does not greatly over-or under-estimate the amount of fiber present. This part of the analysis requires a great deal of experience. Satisfactory models for asbestos content analysis have not yet been developed, although some models based on metallurgical grain-size determination have found some utility. Estimation is more easily handled in situations where the grain sizes visible at about 160x are about the same and the sample is relatively homogeneous.
View all of the area under the cover slip to make the percentage determination. View the fields while moving the stage, paying attention to the clumps of material. These are not usually the best areas to perform dispersion microscopy because of the interference from other materials. But, they are the areas most likely to represent the accurate percentage in the sample. Small amounts of asbestos require slower scanning and more frequent analysis of individual fields.
Report the area occluded by asbestos as the concentration. This estimate does not generally take into consideration the difference in density of the different species present in the sample. For most samples this is adequate. Simulation studies with similar materials must be carried out to apply microvisual estimation for that purpose and is beyond the scope of this procedure.
(7) Where successive concentrations have been made by chemical or physical means, the amount reported is the percentage of the material in the "as submitted" or original state. The percentage determined by microscopy is multiplied by the fractions remaining after pre-preparation steps to give the percentage in the original sample. For example:
Step 1. 60% remains after heating at 550 °C for 1 h.
Step 2. 30% of the residue of step 1 remains after dissolution of carbonate in 0.1 m HCl.
Step 3. Microvisual estimation determines that 5% of the sample is chrysotile asbestos. The reported result is:
R = (Microvisual result in percent) × (Fraction remaining after step 2) × (Fraction remaining of original sample after step 1)
R = (5) × (.30) × (.60) = 0.9%
(8) Report the percent and type of asbestos present. For samples where asbestos was identified, but is less than 1.0%, report "Asbestos present, less than 1.0%." There must have been at least two observed fibers or fiber bundles in the two preparations to be reported as present. For samples where asbestos was not seen, report as "None Detected."
4. Auxiliary Information
Because of the subjective nature of asbestos analysis, certain concepts and procedures need to be discussed in more depth. This information will help the analyst understand why some of the procedures are carried out the way they are.
4.1. Light
Light is electromagnetic energy. It travels from its source in packets called quanta. It is instructive to consider light as a plane wave. The light has a direction of travel. Perpendicular to this and mutually perpendicular to each other, are two vector components. One is the magnetic vector and the other is the electric vector. We shall only be concerned with the electric vector. In this description, the interaction of the vector and the mineral will describe all the observable phenomena. From a light
source such a microscope illuminator, light travels in all different direction from the filament. In any given direction away from the filament, the electric vector is perpendicular to the direction of travel of a light ray. While perpendicular, its orientation is random about the travel axis. If the electric vectors from all the light rays were lined up by passing the light through a filter that would only let light rays with electric vectors oriented in one direction pass, the light would then be POLARIZED.
Polarized light interacts with matter in the direction of the electric vector. This is the polarization direction. Using this property it is possible to use polarized light to probe different materials and identify them by how they interact with light.
The speed of light in a vacuum is a constant at about 2.99 × 10(8) m/s. When light travels in different materials such as air, water, minerals or oil, it does not travel at this speed. It travels slower. This slowing is a function of both the material through which the light is traveling and the wavelength or frequency of the light. In general, the more dense the material, the slower the light travels. Also, generally, the higher the frequency, the slower the light will travel. The ratio of the speed of light in a vacuum to that in a material is called the index of refraction (n). It is usually measured at 589 nm (the sodium D line). If white light (light containing all the visible wavelengths) travels through a material, rays of longer wavelengths will travel faster than those of shorter wavelengths, this separation is called dispersion. Dispersion is used as an identifier of materials as described in Section 4.6.
4.2.Material Properties
Materials are either amorphous or crystalline. The difference between these two descriptions depends on the positions of the atoms in them. The atoms in amorphous materials are randomly arranged with no long range order. An example of an amorphous material is glass. The atoms in crystalline materials, on the other hand, are in regular arrays and have long range order. Most of the atoms can be found in highly predictable locations. Examples of crystalline material are salt, gold, and the asbestos minerals.
It is beyond the scope of this method to describe the different types of crystalline materials that can be found, or the full description of the classes into which they can fall. However, some general crystallography is provided below to give a foundation to the procedures described.
With the exception of anthophyllite, all the asbestos minerals belong to the monoclinic crystal type. The unit cell is the basic repeating unit of the crystal and for monoclinic crystals can be described as having three unequal sides, two 90° angles and one angle not equal to 90°. The orthorhombic group, of which anthophyllite is a member has three unequal sides and three 90° angles. The unequal sides are a consequence of the complexity of fitting the different atoms into the unit cell. Although the atoms are in a regular array, that array is not symmetrical in all directions. There is long range order in the three major directions of the crystal. However, the order is different in each of the three directions. This has the effect that the index of refraction is different in each of the three directions. Using polarized light, we can investigate the index of refraction in each of the directions and identify the mineral or material under investigation. The indices alpha, beta, and gamma are used to identify the lowest, middle, and highest index of refraction respectively. The x direction, associated with alpha is called the fast axis. Conversely, the z direction is associated with gamma and is the slow direction. Crocidolite has alpha along the fiber length making it "length-fast". The remainder of the asbestos minerals have the gamma axis along the fiber length. They are called "length-slow". This orientation to fiber length is used to aid in the identification of asbestos.
4.3.Polarized Light Technique
Polarized light microscopy as described in this section uses the phase-polar microscope described in Section 3.2. A phase contrast microscope is fitted with two polarizing elements, one below and one above the sample. The polarizers have their polarization directions at right angles to each other. Depending on the tests performed, there may be a compensator between these two polarizing elements. A compensator is a piece of mineral with known properties that "compensates" for some deficiency in the optical train. Light emerging from a polarizing element has its electric vector pointing in the polarization direction of the element. The light will not be subsequently transmitted through a second element set at a right angle to the first element. Unless the light is altered as it passes from one element to the other, there is no transmission of light.
4.4. Angle of Extinction
Crystals which have different crystal regularity in two or three main directions are said to be anisotropic. They have a different index of refraction in each of the main directions. When such a crystal is inserted between the crossed polars, the field of view is no longer dark but shows the crystal in color. The color depends on the properties of the crystal. The light acts as if it travels through the crystal along the optical axes. If a crystal optical axis were lined up along one of the polarizing directions (either the polarizer or the analyzer) the light would appear to
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travel only in that direction, and it would blink out or go dark. The difference in degrees between the fiber direction and the angle at which it blinks out is called the angle of extinction. When this angle can be measured, it is useful in identifying the mineral. The procedure for measuring the angle of extinction is to first identify the polarization direction in the microscope. A commercial alignment slide can be used to establish the polarization directions or use anthophyllite or another suitable mineral. This mineral has a zero degree angle of extinction and will go dark to extinction as it aligns with the polarization directions. When a fiber of anthophyllite has gone to extinction, align the eyepiece reticle or graticule with the fiber so that there is a visual cue as to the direction of polarization in the field of view. Tape or otherwise secure the eyepiece in this position so it will not shift.
After the polarization direction has been identified in the field of view, move the particle of interest to the center of the field of view and align it with the polarization direction. For fibers, align the fiber along this direction. Note the angular reading of the rotating stage. Looking at the particle, rotate the stage until the fiber goes dark or "blinks out". Again note the reading of the stage. The difference in the first reading and the second is an angle of extinction. The angle measured may vary as the orientation of the fiber changes about its long axis. Tables of mineralogical data usually report the maximum angle of extinction. Asbestos forming minerals, when they exhibit an angle of extinction, usually do show an angle of extinction close to the reported maximum, or as appropriate depending on the substitution chemistry.
4.5.Crossed Polars with Compensator
When the optical axes of a crystal are not lined up along one of the polarizing directions (either the polarizer or the analyzer) part of the light travels along one axis and part travels along the other visible axis. This is characteristic of birefringent materials. The color depends on the difference of the two visible indices of refraction and the thickness of the crystal. The maximum difference available is the difference between the alpha and the gamma axes. This maximum difference is usually tabulated as the birefringence of the crystal. For this test, align the fiber at 45° to the polarization directions in order to maximize the contribution to each of the optical axes. The colors seen are called retardation colors. They arise from the recombination of light which has traveled through the two separate directions of the crystal. One of the rays is retarded behind the other since the light in that direction travels slower. On recombination, some of the colors which make up white light are enhanced by constructive interference and some are suppressed by destructive interference. The result is a color dependent on the difference between the indices and the thickness of the crystal. The proper colors, thicknesses, and retardations are shown on a MichelLevy chart. The three items, retardation, thickness and birefringence are related by the following relationship:
R = t (n gamma - n alpha)
R = retardation, t = crystal thickness in μm, and n alpha, gamma = indices of refraction.
Examination of the equation for asbestos minerals reveals that the visible colors for almost all common asbestos minerals and fiber sizes are shades of gray and black. The eye is relatively poor at discriminating different shades of gray. It is very good at discriminating different colors. In order to compensate for the low retardation, a compensator is added to the light train between the polarization elements. The compensator used for this test is a gypsum plate of known thickness and birefringence. Such a compensator when oriented at 45° to the polarizer direction, provides a retardation of 530 nm of the 530 nm wavelength color. This enhances the red color and gives the background a characteristic red to red-magenta color. If this "full-wave" compensator is in place when the asbestos preparation is inserted into the light train, the colors seen on the fibers are quite different. Gypsum, like asbestos has a fast axis and a slow axis. When a fiber is aligned with its fast axis in the same direction as the fast axis of the gypsum plate, the ray vibrating in the slow direction is retarded by both the asbestos and the gypsum. This results in a higher retardation than would be present for either of the two minerals. The color seen is a second order blue. When the fiber is rotated 90 degrees using the rotating stage, the slow direction of the fiber is now aligned with the fast direction of the gypsum and the fast direction of the fiber is aligned with the slow direction of the gypsum. Thus, one ray vibrates faster in the fast direction of the gypsum, and slower in the slow direction of the fiber; the other ray will vibrate slower in the slow direction of the gypsum and faster in the fast direction of the fiber. In this case, the effect is subtractive and the color seen is a first order yellow. As long as the fiber thickness does not add appreciably to the color, the same basic colors will be seen for all asbestos types except crocidolite. In crocidolite the colors will be weaker, may be in the opposite directions, and will be altered by the blue absorption color natural to crocidolite. Hundreds of other materials will give the same colors as asbestos, and therefore, this test is not definitive for asbestos. The test is useful in discriminating against fiberglass or other amorphous fibers such as some synthetic fibers. Certain synthetic fibers will show retardation colors different than asbestos; however, there are some forms of polyethylene and aramid which will show morphology and retardation colors similar to asbestos
minerals. This test must be supplemented with a positive identification test when birefringent fibers are present which cannot be excluded by morphology. This test is relatively ineffective for use on fibers less than 1 μm in diameter. For positive confirmation TEM or SEM should be used if no larger bundles or fibers are visible.
4.6.Dispersion Staining
Dispersion microscopy or dispersion staining is the method of choice for the identification of asbestos in bulk materials. Becke line analysis is used by some laboratories and yields the same results as does dispersion staining for asbestos and can be used in lieu of dispersion staining. Dispersion staining is performed on the same platform as the phase-polar analysis with the analyzer and compensator removed. One polarizing element remains to define the direction of the light so that the different indices of refraction of the fibers may be separately determined. Dispersion microscopy is a dark-field technique when used for asbestos. Particles are imaged with scattered light. Light which is unscattered is blocked from reaching the eye either by the back field image mask in a McCrone objective or a back field image mask in the phase condenser. The most convenient method is to use the rotating phase condenser to move an oversized phase ring into place. The ideal size for this ring is for the central disk to be just larger than the objective entry aperture as viewed in the back focal plane. The larger the disk, the less scattered light reaches the eye. This will have the effect of diminishing the intensity of dispersion color and will shift the actual color seen. The colors seen vary even on microscopes from the same manufacturer. This is due to the different bands of wavelength exclusion by different mask sizes. The mask may either reside in the condenser or in the objective back focal plane. It is imperative that the analyst determine by experimentation with asbestos standards what the appropriate colors should be for each asbestos type. The colors depend also on the temperature of the preparation and the exact chemistry of the asbestos. Therefore, some slight differences from the standards should be allowed. This is not a serious problem for commercial asbestos uses. This technique is used for identification of the indices of refraction for fibers by recognition of color. There is no direct numerical readout of the index of refraction. Correlation of color to actual index of refraction is possible by referral to published conversion tables. This is not necessary for the analysis of asbestos. Recognition of appropriate colors along with the proper morphology are deemed sufficient to identify the commercial asbestos minerals. Other techniques including SEM, TEM, and XRD may be required to provide additional information in order to identify other types of asbestos. Make a preparation in the suspected matching high dispersion oil, e.g., n=1.550 for chrysotile. Perform the preliminary tests to determine whether the fibers are birefringent or not. Take note of the morphological character. Wavy fibers are indicative of chrysotile while long, straight, thin, frayed fibers are indicative of amphibole asbestos. This can aid in the selection of the appropriate matching oil. The microscope is set up and the polarization direction is noted as in Section 4.4. Align a fiber with the polarization direction. Note the color. This is the color parallel to the polarizer. Then rotate the fiber rotating the stage 90° so that the polarization direction is across the fiber. This is the perpendicular position. Again note the color. Both colors must be consistent with standard asbestos minerals in the correct direction for a positive identification of asbestos. If only one of the colors is correct while the other is not, the identification is not positive. If the colors in both directions are bluishwhite, the analyst has chosen a matching index oil which is higher than the correct matching oil, e.g. the analyst has used n=1.620 where chrysotile is present. The next lower oil (Section 3.5.) should be used to prepare another specimen. If the color in both directions is yellow-white to straw-yellow-white, this indicates that the index of the oil is lower than the index of the fiber, e.g. the preparation is in n=1.550 while anthophyllite is present. Select the next higher oil (Section 3.5.) and prepare another slide. Continue in this fashion until a positive identification of all asbestos species present has been made or all possible asbestos species have been ruled out by negative results in this test. Certain plant fibers can have similar dispersion colors as asbestos. Take care to note and evaluate the morphology of the fibers or remove the plant fibers in pre-preparation. Coating material on the fibers such as carbonate or vinyl may destroy the dispersion color. Usually, there will be some outcropping of fiber which will show the colors sufficient for identification. When this is not the case, treat the sample as described in Section 3.3. and then perform dispersion staining. Some samples will yield to Becke line analysis if they are coated or electron microscopy can be used for identification.
5. References
5.1. Crane, D.T., Asbestos in Air, OSHA method ID160, Revised November 1992.
5.2. Ford, W.E., Dana's Textbook of Mineralogy; Fourth Ed.; John Wiley and Son, New York, 1950, p. vii.
5.3. Selikoff, I.J., Lee, D.H.K., Asbestos and Disease, Academic Press, New York, 1978, pp. 3,20.
5.4. Women Inspectors of Factories. Annual Report for 1898, H.M. Statistical Office, London, p. 170 (1898).
5.5. Selikoff, I.J., Lee, D.H.K., Asbestos and Disease, Academic Press, New York, 1978, pp. 26,30.
5.6. Campbell, W.J., et al, Selected Silicate Minerals and Their Asbestiform Varieties, United States Department of the Interior, Bureau of Mines, Information Circular 8751, 1977.
5.7. Asbestos, Code of Federal Regulations, 29 CFR 1910.1001 and 29 CFR 1926.58.
5.8. National Emission Standards for Hazardous Air Pollutants; Asbestos NESHAP Revision, Federal Register, Vol. 55, No. 224, 20 November 1990, p. 48410.
5.9. Ross, M. The Asbestos Minerals: Definitions, Description, Modes of Formation, Physical and Chemical Properties and Health Risk to the Mining Community, Nation Bureau of Standards Special Publication, Washington, D.C., 1977.
5.10. Lilis, R., Fibrous Zeolites and Endemic Mesothelioma in Cappadocia, Turkey, J. Occ Medicine, 1981, 23,(8),548-550.
5.11. Occupational Exposure to Asbestos — 1972, U.S. Department of Health Education and Welfare, Public Health Service, Center for Disease Control, National Institute for Occupational Safety and Health, HSM-72-10267.
5.12. Campbell,W.J., et al, Relationship of Mineral Habit to Size Characteristics for Tremolite Fragments and Fibers, United States Department of the Interior, Bureau of Mines, Information Circular 8367, 1979.
5.13. Mefford, D., DCM Laboratory, Denver, private communication, July 1987.
5.14. Deer, W.A., Howie, R.A., Zussman, J., Rock Forming Minerals, Longman, Thetford, UK, 1974.
5.15. Kerr, P.F., Optical Mineralogy; Third Ed. McGraw-Hill, New York, 1959.
5.16. Veblen, D.R. (Ed.), Amphiboles and Other Hydrous Pyriboles — Mineralogy, Reviews in Mineralogy, Vol 9A, Michigan, 1982, pp 1-102.
5.17. Dixon, W.C., Applications of Optical Microscopy in the Analysis of Asbestos and Quartz, ACS Symposium Series, No. 120, Analytical Techniques in Occupational Health Chemistry, 1979.
5.18. Polarized Light Microscopy, McCrone Research Institute, Chicago, 1976.
5.19. Asbestos Identification, McCrone Research Institute, G & G printers, Chicago, 1987.
5.20. McCrone, W.C., Calculation of Refractive Indices from Dispersion Staining Data, The Microscope, No 37, Chicago, 1989.
5.21. Levadie, B. (Ed.), Asbestos and Other Health Related Silicates, ASTM Technical Publication 834, ASM, Philadelphia 1982.
5.22. Steel, E. and Wylie, A., Riordan, P.H. (Ed.), Mineralogical Characteristics of Asbestos, Geology of Asbestos Deposits, pp. 93-101, SME-AIME, 1981.
5.23. Zussman, J., The Mineralogy of Asbestos, Asbestos: Properties, Applications and Hazards, pp. 45-67 Wiley, 1979.
§1530 General Requirements of Mechanical Ventilation Systems
(a) Design and Operation. [§1530(a)]
(1) When local exhaust ventilation is used, the system (including exhaust fans, jets, ducts, hoods, separators, and all necessary appurtenances) shall be designed, constructed, installed, inspected, tested, maintained, and operated so as to ensure the required protection by maintaining a volume and velocity of exhaust air sufficient to gather dusts, fumes, mists, vapors, or gases from the equipment or processes, and to convey them to suitable points of safe disposal, thereby preventing their dispersion in harmful quantities into the atmosphere of work rooms or other places where persons are employed. [§1530(a)(1)]
(2) When general mechanical ventilation is used, the volume and distribution of air shall be sufficient to dilute airborne contaminant concentrations in employees' breathing zones to safe levels. [§1530(a)(2)]
(b) Duration of Operations. The exhaust system shall be in operation continually during all operations for which it is designed. The system shall continue to operate some time after the cessation of said operations, the length of time to depend upon the individual circumstances and effectiveness of the ventilation system. [§1530(b)]
(c) Disposal of Exhaust Materials. [§1530(c)]
(1) The air outlet from every dust separator/collector and the dusts, fumes, mists, vapors or gases collected by an exhaust or ventilating system shall discharge to the outside atmosphere, provided that the exhaust system shall discharge to the outer air in such a manner that it will not cause a harmful exposure in any accessible workplace. Collecting systems which return air to work areas may be used if contaminants which accumulate in the work area air do not result in harmful exposure to employees. [§1530(c)(1)]
(2) The air exhausted from blast-cleaning equipment, grinding, buffing, polishing equipment and all other equipment requiring exhausting of dust or particulate shall be discharged through dust-collecting equipment. Dust and refuse discharged from an exhaust system shall be disposed of in such a manner that it will not result in harmful exposure to employees. [§1530(c)(2)]
§1530.1 Control of Employee Exposures from DustGenerating Operations Conducted on Concrete or Masonry Materials
(a) Scope and Application. This section applies to the use of powered tools or equipment to cut, grind, core, or drill, concrete or masonry materials. [§1530.1(a)]
Note: This section does not preclude the application of other sections of Title 8 including, but not limited to, Sections 1509, 1530, 3203, 5141, 5143, 5144, 5155, and 5194.
Exception: This section does not apply to:
(1)Stucco, plastering material, or other similar products.
(2)Wall cladding, siding, or other similar products.
(3)Downward drilling.
(4)Jack-hammering or chipping when that work is incidental to the scope of work or planned operations of a plumbing or landscaping activity.
(5)Work with powder-actuated tools.
(6)Work incidental to the installation of concrete and masonry materials such as the drilling of holes for plumbing fixtures.
(7)Tile backer board when cut with powered shears or a dust reduction blade having a dust containment device.
(b) Definitions. [§1530.1(b)]
(1) Concrete or masonry material — A hard stone-like building material made of clay or made by mixing cement or a combination of cement, sand, gravel, broken stone, or other aggregate with water. Examples include brick, clay brick, concrete block, mortar, natural or manufactured stone, floor, wall, or counter top tile, and terra cotta. Unless otherwise indicated by evidence presented by the employer that the mixture does not include cement, sand, gravel, stone, clay, or aggregate material containing silica, material that is apparently stone-like in appearance and texture shall be presumed to be concrete or masonry material.
(2) Dust containment device — A device attached to a power tool such as a pouch, bag, plastic container, or similar attachment which is intended to capture dust generated by the power tool. This device is not intended to be a dust reduction system as defined under this section.
(3) Dust reduction system — Technology that utilizes the application of water or local exhaust ventilation to reduce airborne dust generated by the use of powered tools or equipment. Local exhaust ventilation may include vacuum systems, dust collection systems, and dust exhaust systems.
(4) Powered tools or equipment — Tools or equipment for which the motive force that disrupts concrete or masonry materials is provided by a source other than human energy. Powered tools or equipment include those powered by electrical, combustion, hydraulic, chemical, or pneumatic energy.
(c) Control of employee exposures to airborne particulate. During operations in which powered tools or equipment are used to cut, grind, core, or drill, concrete or masonry materials, a dust reduction system shall be applied to effectively reduce airborne particulate. [§1530.1(c)]
Exceptions:
1.A dust-reduction system is not required if the operation, without considering any protection provided by personal protective equipment, does not result in employee exposure exceeding the Permissible Exposure Limits for applicable particulates listed in Section 5155 including, but not limited to, crystalline silica, as demonstrated reliably by air sampling data applicable to the specific operation being performed.
2.A dust reduction system is not required for rooftop operations with roofing tile, roofing pavers, or similar materials.
3.During the first 24 hours of an operation undertaken in response to an emergency, a dust reduction system is not required where it can reasonably be demonstrated or foreseen that use of a dust reduction system will materially impair the timely progress of the operation. For the purposes of this exception, emergency means an unexpected occurrence requiring immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. "Emergency" includes, but is not limited to, a fire, flood, earthquake or other soil or geologic movement, structural collapse, damage to a subsurface installation, terrorist act, or sabotage.
(d) Safety and effectiveness of dust reduction systems. [§1530.1(d)]
(1) Procedures shall be implemented to ensure that dust reduction systems maintain their effectiveness for dust reduction throughout the work shift. [§1530.1(d)(1)]
(2) Dust reduction systems shall be installed, operated, and maintained in accordance with manufacturer recommendations to the extent they exist. [§1530.1(d)(2)]
(3) Local exhaust ventilation systems shall be designed, tested, maintained, used, and the waste materials they collect disposed of, in compliance with applicable requirements of Sections 1530 and 5143 of these orders. [§1530.1(d)(3)]
(4) Where electrical tools are used with water as a dust reduction system, this shall be done in accordance with applicable requirements of the Electrical Safety Orders. [§1530.1(d)(4)]
(e) Training. [§1530.1(e)]
Subchapter 4. Construction Safety Orders
(1) Employee training. An employer whose operations include using powered tools or equipment to cut, grind, core, or drill concrete or masonry materials shall provide training on the following topics to all employees prior to their assignment to jobs or work areas where the employer will be conducting these operations: [§1530.1(e)(1)]
(A) The potential health hazards of overexposure to airborne dust generated from concrete and masonry materials, including silicosis, lung cancer, chronic obstructive lung disease (COPD) and decreased lung function. [§1530.1(e)(1)(A)]
(B) Methods used by the employer to control employee exposures to airborne dust from concrete and masonry materials, including wet cutting, local exhaust ventilation systems, and isolation of the process from the operator or other employees by means of distance, enclosure, or other method, as applicable. [§1530.1(e)(1)(B)]
(C) Proper use and maintenance of dust reduction systems, including the safe handling and disposal of waste materials collected in connection with their use. [§1530.1(e)(1)(C)]
(D) The importance of good personal hygiene and housekeeping practices when working in proximity to dust from concrete and masonry materials including: [§1530.1(e)(1)(D)]
1. Not smoking tobacco products; appropriate methods of cleaning up before eating, and appropriate methods of cleaning clothes. [§1530.1(e)(1)(D)1.]
2. Avoiding, to the extent practical, activities that would contribute significantly to an employee's exposure to airborne dusts. [§1530.1(e)(1)(D)2.]
(2) Supervisor training. Prior to engaging in supervision of employees who will be cutting, grinding, drilling, or coring concrete or masonry materials, supervisory employees shall be trained on the following topics: [§1530.1(e)(2)]
(A) The information required to be provided by subsection (e)(1) above. [§1530.1(e)(2)(A)]
(B) Identification of tasks the employees will perform, which may result in employee exposure to concrete or masonry dust. [§1530.1(e)(2)(B)]
(C) Procedures for implementation of the measures used by the employer to reduce the exposure to concrete or masonry dust. [§1530.1(e)(2)(C)]
(3) Periodic training. The employer shall conduct the training required by this section at least annually. [§1530.1(e)(3)]
§1531 Respiratory Protective Equipment
Note: The requirements applicable to construction work under this section are identical to those set forth in Section 5144.
§1532 Cadmium
(a) Scope. [§1532(a)]
This standard applies to all occupational exposures to cadmium and cadmium compounds, in all forms, in all construction work where an employee may potentially be exposed to cadmium. Construction work is defined as work involving construction, alteration and/or repair, including but not limited to the following:
(1) wrecking, demolition or salvage of structures where cadmium or materials containing cadmium are present; [§1532(a)(1)]
(2) use of cadmium-containing paints and cutting, brazing, burning, grinding or welding on surfaces that were painted with cadmium-containing paints; [§1532(a)(2)]
(3) construction, alteration, repair, maintenance, or renovation of structures, substrates, or portions thereof, that contain cadmium, or materials containing cadmium; [§1532(a)(3)]
(4) cadmium welding; cutting and welding cadmium-plated steel; brazing or welding with cadmium alloys; [§1532(a)(4)]
(5) installation of products containing cadmium; [§1532(a)(5)]
(6) electrical grounding with cadmium welding, or electrical work using cadmium-coated conduit; [§1532(a)(6)]
(7) maintaining or retrofitting cadmium-coated equipment; [§1532(a)(7)]
(8) cadmium contamination/emergency cleanup; and [§1532(a)(8)]
(9) transportation, disposal, storage, or containment of cadmium or materials containing cadmium on the site or location at which construction activities are performed. [§1532(a)(9)]
(b) Definitions. [§1532(b)]
Action level (AL) is defined as an airborne concentration of cadmium of 2.5 micrograms per cubic meter of air (2.5 μg/m3), calculated as an 8-hour time-weighted average (TWA).
Authorized person means any person authorized by the employer and required by work duties to be present in regulated areas or any person authorized by the Chief to be in regulated areas.
Chief means the Chief of the Division of Occupational Safety and Health, or designee.
Competent person, in accordance with Section 1504, means a person designated by the employer to act on the employer's behalf who is capable of identifying existing and potential cadmium hazards in the workplace and the proper methods to control them in order to protect workers, and has the authority necessary to take prompt corrective measures to eliminate or control such hazards. The duties of a competent person include at least the following: determining prior to the performance of work whether cadmium is present in the workplace; establishing, where necessary, regulated areas and assuring that access to and from those areas is limited to authorized employees; assuring the adequacy of any employee exposure monitoring required by this standard; assuring that all employees exposed to air cadmium levels above the PEL wear appropriate personal protective equipment and are trained in the use of appropriate methods of exposure control; assuring that proper hygiene facilities are provided and that workers are trained to use those facilities; and assuring that the engineering controls required by this standard are implemented, maintained in proper operating condition, and functioning properly.
Emergency means any occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which results in an unexpected and potentially hazardous release of Cadmium.
Employee exposure and similar language referring to the air cadmium level to which an employee is exposed means the exposure to airborne cadmium that would occur if the employee were not using respiratory protective equipment.
Final medical determination is the written medical opinion of the employee's health status by the examining physician under subsections (l)(3)-(12) or, if multiple physician review under subsection (l)(13) or the alternative physician determination under subsection (l)(14) is invoked, it is the final, written medical finding, recommendation or determination that emerges from that process.
High-efficiency particulate air [HEPA] filter means a filter capable of trapping and retaining at least 99.97 percent of mono-dispersed particles of 0.3 micrometers in diameter.
NIOSH means the Director of the National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services, or designee.
Regulated area means an area demarcated by the employer where an employee's exposure to airborne concentrations of cadmium exceeds, or can reasonably be expected to exceed the permissible exposure limit (PEL).
(c) Permissible Exposure Limit (PEL). [§1532(c)]
The employer shall assure that no employee is exposed to an airborne concentration of cadmium in excess of five micrograms per cubic meter of air (5 μg/m3), calculated as an eight-hour timeweighted average exposure (TWA).
(d) Exposure Monitoring. [§1532(d)]
(1) General. [§1532(d)(1)]
(A) Prior to the performance of any construction work where employees may be potentially exposed to cadmium, the employer shall establish the applicability of this standard by determining whether cadmium is present in the workplace and whether there is the possibility that employee exposures will be at or above the action level. The employer shall designate a competent person who shall make this determination. Investigation and material testing techniques shall be used, as appropriate, in the determination. Investigation shall include a review of relevant plans, past reports, safety data sheets, and other available records, and consultations with the property owner and discussions with appropriate individuals and agencies. [§1532(d)(1)(A)]
(B) Where cadmium has been determined to be present in the workplace, and it has been determined that there is a possibility the employee's exposure will be at or above the action level, the competent person shall identify employees potentially exposed to cadmium at or above the action level. [§1532(d)(1)(B)]
(C) Determinations of employee exposure shall be made from breathing-zone air samples that reflect the monitored employee's regular, daily 8-hour TWA exposure to cadmium. [§1532(d)(1)(C)]
(D) Eight-hour TWA exposures shall be determined for each employee on the basis of one or more personal breathingzone air samples reflecting full shift exposure on each shift, for each job classification, in each work area. Where several employees perform the same job tasks, in the same job classification, on the same shift, in the same work area, and the length, duration, and level of cadmium exposures are similar, an employer may sample a representative fraction of the employees instead of all employees in order to meet this requirement. In representative sampling, the employer shall sample the employee(s) expected to have the highest cadmium exposures. [§1532(d)(1)(D)]
(5) Hand Washing facilities. [§1532.1(i)(5)]
(A) The employer shall provide adequate handwashing facilities for use by employees exposed to lead in accordance with Section 1527. [§1532.1(i)(5)(A)]
(B) Where showers are not provided the employer shall assure that employees wash their hands and face at the end of the work-shift. [§1532.1(i)(5)(B)]
(6) Regulated Area. [§1532.1(i)(6)]
(A) Employers shall establish regulated areas, where feasible, for work areas where employees are exposed to lead at or above the PEL or performing the tasks described in subsection (d)(2). [§1532.1(i)(6)(A)]
(B) Regulated areas shall be posted with signs as described in subsection (m)(2). [§1532.1(i)(6)(B)]
(C) Employers shall restrict access to the regulated area to employees authorized by the supervisor, to representatives of affected employees, as described in subsection (o) and to persons authorized by the Chief or NIOSH. [§1532.1(i)(6)(C)]
(D) Each employee authorized to enter the regulated area shall be provided with and be required to wear protective equipment required by subsections (f) and (g). [§1532.1(i)(6)(D)]
(j) Medical surveillance. [§1532.1(j)]
(1) General. [§1532.1(j)(1)]
(A) The employer shall make available initial medical surveillance to employees occupationally exposed on any day to lead at or above the action level. Initial medical surveillance consists of biological monitoring in the form of blood sampling and analysis for lead and zinc pro- toporphyrin levels. [§1532.1(j)(1)(A)]
(B) The employer shall institute a medical surveillance program in accordance with subsections (j)(2) and (j)(3) for all employees who are or may be exposed by the employer at or above the action level for more than 30 days in any consecutive 12 months; [§1532.1(j)(1)(B)]
(C) The employer shall assure that all medical examinations and procedures are performed by or under the supervision of a licensed physician. [§1532.1(j)(1)(C)]
(D) The employer shall make available the required medical surveillance including multiple physician review under subsection (j)(3)(C) without cost to employees and at a reasonable time and place. [§1532.1(j)(1)(D)]
(2) Biological monitoring. [§1532.1(j)(2)]
(A) Blood lead and ZPP level sampling and analysis. The employer shall make available biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels to each employee covered under subsections (j)(1)(A) and (B) on the following schedule: [§1532.1(j)(2)(A)]
1. For each employee covered under subsection (j)(1)(B), at least every 2 months for the first 6 months and every 6 months thereafter; [§1532.1(j)(2)(A)1.]
2. For each employee covered under subsections (j)(1)(A) or (B) whose last blood sampling and analysis indicated a blood lead level at or above 40 μg/dl, at least every two months. This frequency shall continue until two consecutive blood samples and analyses indicate a blood lead level below 40 μg/dl; and [§1532.1(j)(2)(A)2.]
3. For each employee who is removed from exposure to lead due to an elevated blood lead level at least monthly during the removal period. [§1532.1(j)(2)(A)3.]
(B) Follow-up blood sampling tests. Whenever the results of a blood lead level test indicate that an employee's blood lead level is at or above the numerical criterion for medical removal under subsection (k)(1)(A), the employer shall provide a second (follow-up) blood sampling test within two weeks after the employer receives the results of the first blood sampling test. [§1532.1(j)(2)(B)]
(C) Accuracy of blood lead level sampling and analysis. Blood lead level sampling and analysis provided pursuant to this section shall have an accuracy (to a confidence level of 95 percent) within plus or minus 15 percent or 6 μg/dl, whichever is greater, and shall be conducted by a laboratory approved by OSHA. [§1532.1(j)(2)(C)]
(D) Employee notification. [§1532.1(j)(2)(D)]
1. Within five working days after the receipt of biological monitoring results, the employer shall notify each employee in writing of his or her blood lead level; and [§1532.1(j)(2)(D)1.]
2. The employer shall notify each employee whose blood lead level is at or above 40 μg/dl that the standard requires temporary medical removal with Medical Removal Protection benefits when an employee's blood
lead level is at or above the numerical criterion for medical removal under subsection (k)(1)(A). [§1532.1(j)(2)(D)2.]
(3) Medical examinations and consultations. [§1532.1(j)(3)]
(A) Frequency. The employer shall make available medical examinations and consultations to each employee covered under subsection (j)(1)(B) on the following schedule: [§1532.1(j)(3)(A)]
1. At least annually for each employee for whom a blood sampling test conducted at any time during the preceding 12 months indicated a blood lead level at or above 40 μg/ dl; [§1532.1(j)(3)(A)1.]
2. As soon as possible, upon notification by an employee either that the employee has developed signs or symptoms commonly associated with lead intoxication, that the employee desires medical advice concerning the effects of current or past exposure to lead on the employee's ability to procreate a healthy child, that the employee is pregnant, or that the employee has demonstrated difficulty in breathing during a respirator fitting test or during use; and [§1532.1(j)(3)(A)2.]
3. As medically appropriate for each employee either removed from exposure to lead due to a risk of sustaining material impairment to health, or otherwise limited pursuant to a final medical determination. [§1532.1(j)(3)(A)3.]
(B) Content. The content of medical examinations made available pursuant to subsection (j)(3)(A)2. - 3. shall be determined by an examining physician and, if requested by an employee, shall include pregnancy testing or laboratory evaluation of male fertility. Medical examinations made available pursuant to subsection (j)(3)(A)1. shall include the following elements: [§1532.1(j)(3)(B)]
1. A detailed work history and a medical history, with particular attention to past lead exposure (occupational and non-occupational), personal habits (smoking, hygiene), and past gastrointestinal, hematologic, renal, cardiovascular, reproductive and neurological problems; [§1532.1(j)(3)(B)1.]
2. A thorough physical examination, with particular attention to teeth, gums, hematologic, gastrointestinal, renal, cardiovascular, and neurological systems. Pulmonary status should be evaluated if respiratory protection will be used; [§1532.1(j)(3)(B)2.]
3. A blood pressure measurement; [§1532.1(j)(3)(B)3.]
4. A blood sample and analysis which determines: [§1532.1(j)(3)(B)4.]
a. Blood lead level; [§1532.1(j)(3)(B)4.a.]
b. Hemoglobin and hematocrit determinations, red cell indices, and examination of peripheral smear morphology; [§1532.1(j)(3)(B)4.b.]
c. Zinc protoporphyrin; [§1532.1(j)(3)(B)4.c.]
d. Blood urea nitrogen; and, [§1532.1(j)(3)(B)4.d.]
e. Serum creatinine; [§1532.1(j)(3)(B)4.e.]
5. A routine urinalysis with microscopic examination; and [§1532.1(j)(3)(B)5.]
6. Any laboratory or other test relevant to lead exposure which the examining physician deems necessary by sound medical practice. [§1532.1(j)(3)(B)6.]
(C) Multiple physician review mechanism. [§1532.1(j)(3)(C)]
1. If the employer selects the initial physician who conducts any medical examination or consultation provided to an employee under this section, the employee may designate a second physician: [§1532.1(j)(3)(C)1.]
a. To review any findings, determinations or recommendations of the initial physician; and [§1532.1(j)(3)(C)1.a.]
b. To conduct such examinations, consultations, and laboratory tests as the second physician deems necessary to facilitate this review. [§1532.1(j)(3)(C)1.b.]
2. The employer shall promptly notify an employee of the right to seek a second medical opinion after each occasion that an initial physician conducts a medical examination or consultation pursuant to this section. The employer may condition its participation in, and payment for, the multiple physician review mechanism upon the employee doing the following within fifteen (15) days after receipt of the foregoing notification, or receipt of the initial physician's written opinion, whichever is later:
[§1532.1(j)(3)(C)2.]
Subchapter 4. Construction Safety Orders
a. The employee informing the employer that he or she intends to seek a second medical opinion, and [§1532.1(j)(3)(C)2.a.]
b. The employee initiating steps to make an appointment with a second physician. [§1532.1(j)(3)(C)2.b.]
3. If the findings, determinations or recommendations of the second physician differ from those of the initial physician, then the employer and the employee shall assure that efforts are made for the two physicians to resolve any disagreement. [§1532.1(j)(3)(C)3.]
4. If the two physicians have been unable to quickly resolve their disagreement, then the employer and the employee through their respective physicians shall designate a third physician: [§1532.1(j)(3)(C)4.]
a. To review any findings, determinations or recommendations of the prior physicians; and [§1532.1(j)(3)(C)4.a.]
b. To conduct such examinations, consultations, laboratory tests and discussions with the prior physicians as the third physician deems necessary to resolve the disagreement of the prior physicians. [§1532.1(j)(3)(C)4.b.]
5. The employer shall act consistent with the findings, determinations and recommendations of the third physician, unless the employer and the employee reach an agreement which is otherwise consistent with the recommendations of at least one of the three physicians. [§1532.1(j)(3)(C)5.]
(D) Information provided to examining and consulting physicians. [§1532.1(j)(3)(D)]
1. The employer shall provide an initial physician conducting a medical examination or consultation under this section with the following information: [§1532.1(j)(3)(D)1.]
a. A copy of this regulation for lead including all Appendices; [§1532.1(j)(3)(D)1.a.]
b. A description of the affected employee's duties as they relate to the employee's exposure; [§1532.1(j)(3)(D)1.b.]
c. The employee's exposure level or anticipated exposure level to lead and to any other toxic substance (if applicable); [§1532.1(j)(3)(D)1.c.]
d. A description of any personal protective equipment used or to be used; [§1532.1(j)(3)(D)1.d.]
e. Prior blood lead determinations; and [§1532.1(j)(3)(D)1.e.]
f. All prior written medical opinions concerning the employee in the employer's possession or control.
[§1532.1(j)(3)(D)1.f.]
2. The employer shall provide the foregoing information to a second or third physician conducting a medical examination or consultation under this section upon request either by the second or third physician, or by the employee.
[§1532.1(j)(3)(D)2.]
(E) Written medical opinions. [§1532.1(j)(3)(E)]
1. The employer shall obtain and furnish the employee with a copy of a written medical opinion from each examining or consulting physician which contains only the following information: [§1532.1(j)(3)(E)1.]
a. The physician's opinion as to whether the employee has any detected medical condition which would place the employee at increased risk of material impairment of the employee's health from exposure to lead;
[§1532.1(j)(3)(E)1.a.]
b. Any recommended special protective measures to be provided to the employee, or limitations to be placed upon the employee's exposure to lead;
[§1532.1(j)(3)(E)1.b.]
c. Any recommended limitations upon the employee's use of respirators, including a determination of whether the employee can wear a powered air purifying respirator if an physician determines that the employee cannot wear a negative pressure respirator; and
[§1532.1(j)(3)(E)1.c.]
d. The results of the blood lead determinations. [§1532.1(j)(3)(E)1.d.]
2. The employer shall instruct each examining and consulting physician to: [§1532.1(j)(3)(E)2.]
a. Not reveal either in the written opinion or orally, or in any other means of communication with the employer, findings, including laboratory results, or diagnoses unrelated to an employee's occupational exposure to lead; and [§1532.1(j)(3)(E)2.a.]
b. Advise the employee of any medical condition, occupational or nonoccupational, which dictates further medical examination or treatment. [§1532.1(j)(3)(E)2.b.]
(F) Alternate physician determination mechanisms. The employer and an employee or authorized employee
representative may agree upon the use of any alternate physician determination mechanism in lieu of the multiple physician review mechanism provided by subsection (j)(3)(C) so long as the alternate mechanism is as expeditious and protective as the requirements contained in this subsection. [§1532.1(j)(3)(F)]
(4) Chelation. [§1532.1(j)(4)]
(A) The employer shall assure that any person whom he/she retains, employs, supervises or controls does not engage in prophylactic chelation of any employee at any time. [§1532.1(j)(4)(A)]
(B) If therapeutic or diagnostic chelation is to be performed by any person in subsection (j)(4)(A), the employer shall assure that it be done under the supervision of a licensed physician in a clinical setting with thorough and appropriate medical monitoring and that the employee is notified in writing prior to its occurrence. [§1532.1(j)(4)(B)]
(k) Medical removal protection. [§1532.1(k)]
(1) Temporary medical removal and return of an employee. [§1532.1(k)(1)]
(A) Temporary removal due to elevated blood lead level. The employer shall remove an employee from work having an exposure to lead at or above the action level on each occasion that a periodic and a follow-up blood sampling test conducted pursuant to this section indicate that the employee's blood lead level is at or above 50 μg/dl; and, [§1532.1(k)(1)(A)]
(B) Temporary removal due to a final medical determination. [§1532.1(k)(1)(B)]
1. The employer shall remove an employee from work having an exposure to lead at or above the action level on each occasion that a final medical determination results in a medical finding, determination, or opinion that the employee has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to lead. [§1532.1(k)(1)(B)1.]
2. For the purposes of this section, the phrase "final medical determination" means the written medical opinion on the employees' health status by the examining physician or, where relevant, the outcome of the multiple physician review mechanism or alternate medical determination mechanism used pursuant to the medical surveillance provisions of this section. [§1532.1(k)(1)(B)2.]
3. Where a final medical determination results in any recommended special protective measures for an employee, or limitations on an employee's exposure to lead, the employer shall implement and act consistent with the recommendation. [§1532.1(k)(1)(B)3.]
(C) Return of the employee to former job status. [§1532.1(k)(1)(C)]
1. The employer shall return an employee to his or her former job status: [§1532.1(k)(1)(C)1.]
a. For an employee removed due to a blood lead level at or above 50 μg/dl when two consecutive blood sampling tests indicate that the employee's blood lead level is below 40 μg/dl; [§1532.1(k)(1)(C)1.a.]
b. For an employee removed due to a final medical determination, when a subsequent final medical determination results in a medical finding, determination, or opinion that the employee no longer has a detected medical condition which places the employee at increased risk of material impairment to health from exposure to lead. [§1532.1(k)(1)(C)1.b.]
2. For the purposes of this section, the requirement that an employer return an employee to his or her former job status is not intended to expand upon or restrict any rights an employee has or would have had, absent temporary medical removal, to a specific job classification or position under the terms of a collective bargaining agreement. [§1532.1(k)(1)(C)2.]
(D) Removal of other employee special protective measure or limitations. The employer shall remove any limitations placed on an employee or end any special protective measures provided to an employee pursuant to a final medical determination when a subsequent final medical determination indicates that the limitations or special protective measures are no longer necessary. [§1532.1(k)(1)(D)]
(E) Employer options pending a final medical determination. Where the multiple physician review mechanism, or alternate medical determination mechanism used pursuant to the medical surveillance provisions of this section, has not yet resulted in a final medical determination with respect to an employee, the employer shall act as follows: [§1532.1(k)(1)(E)]
1. Removal. The employer may remove the employee from exposure to lead, provide special protective measures to the employee, or place limitations upon the employee, consistent with the medical findings, determinations, or recommendations of any of the physicians who have reviewed the employee's health status. [§1532.1(k)(1)(E)1.]
2. Return. The employer may return the employee to his or her former job status, end any special protective measures provided to the employee, and remove any limitations placed upon the employee, consistent with the medical findings, determinations, or recommendations of any of the physicians who have reviewed the employee's health status, with two exceptions: [§1532.1(k)(1)(E)2.]
a. If the initial removal, special protection, or limitation of the employee resulted from a final medical determination which differed from the findings, determinations, or recommendations of the initial physician or; [§1532.1(k)(1)(E)2.a.]
b. If the employee has been on removal status for the preceding eighteen months due to an elevated blood lead level, then the employer shall await a final medical determination. [§1532.1(k)(1)(E)2.b.]
(2) Medical removal protection benefits. [§1532.1(k)(2)]
(A) Provision of medical removal protection benefits. The employer shall provide an employee up to eighteen (18) months of medical removal protection benefits on each occasion that an employee is removed from exposure to lead or otherwise limited pursuant to this section. [§1532.1(k)(2)(A)]
(B) Definition of medical removal protection benefits. For the purposes of this section, the requirement that an employer provide medical removal protection benefits means that, as long as the job the employee was removed from continues, the employer shall maintain the total normal earnings, seniority and other employment rights and benefits of an employee, including the employee's right to his or her former job status as though the employee had not been medically removed from the employee's job or otherwise medically limited. [§1532.1(k)(2)(B)]
(C) Follow-up medical surveillance during the period of employee removal or limitation. During the period of time that an employee is medically removed from his or her job or otherwise medically limited, the employer may condition the provision of medical removal protection benefits upon the employee's participation in follow-up medical surveillance made available pursuant to this section.
[§1532.1(k)(2)(C)]
(D) Workers' compensation claims. If a removed employee files a claim for workers' compensation payments for a lead-related disability, then the employer shall continue to provide medical removal protection benefits pending disposition of the claim. To the extent that an award is made to the employee for earnings lost during the period of removal, the employer's medical removal protection obligation shall be reduced by such amount. The employer shall receive no credit for workers' compensation payments received by the employee for treatment-related expenses. [§1532.1(k)(2)(D)]
(E) Other credits. The employer's obligation to provide medical removal protection benefits to a removed employee shall be reduced to the extent that the employee receives compensation for earnings lost during the period of removal either from a publicly or employer-funded compensation program, or receives income from employment with another employer made possible by virtue of the employee's removal. [§1532.1(k)(2)(E)]
(F) Voluntary removal or restriction of an employee. Where an employer, although not required by this section to do so, removes an employee from exposure to lead or otherwise places limitations on an employee due to the effects of lead exposure on the employee's medical condition, the employer shall provide medical removal protection benefits to the employee equal to that required by subsection (k)(2)(A) and (B). [§1532.1(k)(2)(F)]
(l) Communication of hazards. [§1532.1(l)]
(1) General. [§1532.1(l)(1)]
(A) Hazard communication. The employer shall include lead in the program established to comply with the Hazard Communication Standard (HCS) (Section 5194). The employer shall ensure that each employee has access to labels on containers of lead and safety data sheets, and is trained in accordance with the provisions of HCS and subsection (l) of this section. The employer shall ensure that at least the following hazards are addressed: [§1532.1(l)(1)(A)]
1. Reproductive/developmental toxicity; [§1532.1(l)(1)(A)1.]
2. Central nervous system effects; [§1532.1(l)(1)(A)2.]
3. Kidney effects; [§1532.1(l)(1)(A)3.]
4. Blood effects; and [§1532.1(l)(1)(A)4.]
5. Acute toxicity effects. [§1532.1(l)(1)(A)5.]
(B) For all employees who are subject to exposure to lead at or above the action level on any day or who are subject to exposure to lead compounds which may cause skin or eye irritation (e.g. lead arsenate, lead azide), the employer shall provide a training program in accordance with subsection (l)(2) and assure employee participation. [§1532.1(l)(1)(B)]
(C) The employer shall provide the training program as initial training prior to the time of job assignment or prior to the start up date for this requirement, whichever comes last. [§1532.1(l)(1)(C)]
(D) The employer shall also provide the training program at least annually for each employee who is subject to lead exposure at or above the action level on any day. [§1532.1(l)(1)(D)]
(E) Where the certification of employee and supervisor training is required, as described in subsection (l)(3), the training shall be conducted by a training provider accredited by the California Department of Health Services, in accordance with Title 17, California Code of Regulations, Division 1, Chapter 8. [§1532.1(l)(1)(E)]
(2) Training program. [§1532.1(l)(2)]
The employer shall assure that each employee is trained in the following:
(A) The content of this standard and its appendices; [§1532.1(l)(2)(A)]
(B) The specific nature of the operations which could result in exposure to lead above the action level; [§1532.1(l)(2)(B)]
(C) The purpose, proper selection, fitting, use, and limitations of respirators; [§1532.1(l)(2)(C)]
(D) The purpose and a description of the medical surveillance program, and the medical removal protection program including information concerning the adverse health effects associated with excessive exposure to lead (with particular attention to the adverse reproductive effects on both males and females and hazards to the fetus and additional precautions for employees who are pregnant); [§1532.1(l)(2)(D)]
(E) The engineering controls and work practices associated with the employee's job assignment including training of employees to follow relevant good work practices described in Appendix B of this section; [§1532.1(l)(2)(E)]
(F) The contents of any compliance plan and the location of regulated areas in effect; [§1532.1(l)(2)(F)]
(G) Instructions to employees that chelating agents should not routinely be used to remove lead from their bodies and should not be used at all except under the direction of a licensed physician; and [§1532.1(l)(2)(G)]
(H) The employee's right of access to records under Section 3204. [§1532.1(l)(2)(H)]
(3) Certification of training for residential and public buildings. [§1532.1(l)(3)]
The employer shall ensure that all employees and supervisors who are engaged in lead related construction work as defined in Title 17, California Code of Regulations, Section 35040, and have been shown to be exposed to lead at or above the permissible exposure limit, meet the training requirements of this section, are trained by an accredited training provider and are certified by the California Department of Health Services. Lead related construction work is defined in Title 17 to be any construction, alteration, painting, demolition, salvage, renovation, repair, or maintenance of any residential or public building, including preparation and cleanup, that, by using or disturbing lead containing material or soil, may result in significant exposure of adults or children to lead. As used in the definition of lead related construction work, "public building" means a structure which is generally accessible to the public, including but not limited to, schools, daycare centers, museums, airports, hospitals, stores, convention centers, government facilities, office buildings and any other building which is not an industrial building or a residential building. Regulations for accreditation of training providers and for the certification of employees and supervisors are found in Title 17, California Code of Regulations, Division 1, Chapter 8.
(4) Access to information, training and certification materials. [§1532.1(l)(4)]
(A) The employer shall make readily available to all affected employees a copy of this standard and its appendices. [§1532.1(l)(4)(A)]
(B) The employer shall provide, upon request, all materials relating to the employee information training program and certification to affected employees, their designated representatives, the Chief and NIOSH. [§1532.1(l)(4)(B)]
Subchapter 4. Construction Safety Orders
(m) Signs. [§1532.1(m)]
(1) General. [§1532.1(m)(1)]
(A) The employer shall post the following warning signs in each regulated area or work area where an employee's exposure to lead is above the PEL. [§1532.1(m)(1)(A)]
DANGER LEAD WORK AREA
MAY DAMAGE FERTILITY OR THE UNBORN CHILD CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM
DO NOT EAT, DRINK OR SMOKE IN THIS AREA
(B) The employer shall ensure that no statement appears on or near any sign required by this subsection (m) that contradicts or detracts from the meaning of the required sign. [§1532.1(m)(1)(B)]
(C) The employer shall ensure that signs required by this subsection (m) are illuminated and cleaned as necessary so that the legend is readily visible. [§1532.1(m)(1)(C)]
(D) The employer may use signs required by other statutes, regulations or ordinances in addition to, or in combination with, signs required by this subsection (m). [§1532.1(m)(1)(D)]
(E) Prior to June 1, 2016, employers may use the following legend in lieu of that specified in subsection (m)(1)(A) of this section: [§1532.1(m)(1)(E)]
WARNING LEAD WORK AREA POISON
NO SMOKING OR EATING
(n) Recordkeeping. [§1532.1(n)]
(1) Exposure assessment. [§1532.1(n)(1)]
(A) The employer shall establish and maintain an accurate record of all monitoring and other data used in conducting employee exposure assessments as required in subsection (d). [§1532.1(n)(1)(A)]
(B) Exposure monitoring records shall include: [§1532.1(n)(1)(B)]
1. The date(s), number, duration, location and results of each of the samples taken if any, including a description of the sampling procedure used to determine representative employee exposure where applicable; [§1532.1(n)(1)(B)1.]
2. A description of the sampling and analytical methods used and evidence of their accuracy; [§1532.1(n)(1)(B)2.]
3. The type of respiratory protective devices worn, if any; [§1532.1(n)(1)(B)3.]
4. Name, social security number, and job classification of the employee monitored and of all other employees whose exposure the measurement is intended to represent; and [§1532.1(n)(1)(B)4.]
5. The environmental variables that could affect the measurement of employee exposure. [§1532.1(n)(1)(B)5.]
(C) The employer shall maintain monitoring and other exposure assessment records in accordance with the provisions of Section 3204. [§1532.1(n)(1)(C)]
(2) Medical surveillance. [§1532.1(n)(2)]
(A) The employer shall establish and maintain an accurate record for each employee subject to medical surveillance as required by subsection (j). [§1532.1(n)(2)(A)]
(B) This record shall include: [§1532.1(n)(2)(B)]
1. The name, social security number, and description of the duties of the employee; [§1532.1(n)(2)(B)1.]
2. A copy of the physician's written opinions; [§1532.1(n)(2)(B)2.]
3. Results of any airborne exposure monitoring done on or for that employee and provided to the physician; and [§1532.1(n)(2)(B)3.]
4. Any employee medical complaints related to exposure to lead. [§1532.1(n)(2)(B)4.]
(C) The employer shall keep, or assure that the examining physician keeps, the following medical records: [§1532.1(n)(2)(C)]
1. A copy of the medical examination results including medical and work history required under subsection (j); [§1532.1(n)(2)(C)1.]
2. A description of the laboratory procedures and a copy of any standards or guidelines used to interpret the test results or references to that information; [§1532.1(n)(2)(C)2.]
3. A copy of the results of biological monitoring. [§1532.1(n)(2)(C)3.]
(D) The employer shall maintain or assure that the physician maintains medical records in accordance with the provisions of Section 3204. [§1532.1(n)(2)(D)]
(3) Medical removals. [§1532.1(n)(3)]
(A) The employer shall establish and maintain an accurate record for each employee removed from current exposure to lead pursuant to subsection (k). [§1532.1(n)(3)(A)]
(B) Each record shall include: [§1532.1(n)(3)(B)]
1. The name and social security number of the employee; [§1532.1(n)(3)(B)1.]
2. The date of each occasion that the employee was removed from current exposure to lead as well as the corresponding date on which the employee was returned to his or her former job status; [§1532.1(n)(3)(B)2.]
3. A brief explanation of how each removal was or is being accomplished; and [§1532.1(n)(3)(B)3.]
4. A statement with respect to each removal indicating whether or not the reason for the removal was an elevated blood lead level. [§1532.1(n)(3)(B)4.]
(C) The employer shall maintain each medical removal record for at least the duration of an employee's employment. [§1532.1(n)(3)(C)]
(4) "Objective data for exemption from requirement for initial monitoring". [§1532.1(n)(4)]
(A) For purposes of this section, objective data are information demonstrating that a particular product or material containing lead or a specific process, operation, or activity involving lead cannot release dust or fumes in concentrations at or above the action level under any expected conditions of use. Objective data can be obtained from any industry-wide study or from laboratory product test results from manufacturers of lead containing products, including surface coatings or other materials. The data the employer uses from an industry-wide survey must be obtained under workplace conditions closely resembling the processes, types of material, control methods, work practices and environmental conditions in the employer's current operations.
[§1532.1(n)(4)(A)]
(B) The employer shall maintain the record of the objective data relied upon for at least 30 years. [§1532.1(n)(4)(B)]
(5) Availability. The employer shall make available upon request all records required to be maintained by subsection (n) to affected employees, former employees, and their designated representatives, and to the Chief and NIOSH for examination and copying. [§1532.1(n)(5)]
(6) Transfer of records. [§1532.1(n)(6)]
(A) Whenever the employer ceases to do business, the successor employer shall receive and retain all records required to be maintained by subsection (n). [§1532.1(n)(6)(A)]
(B) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records required to be maintained by this section for the prescribed period, these records shall be transmitted to NIOSH. [§1532.1(n)(6)(B)]
(C) At the expiration of the retention period for the records required to be maintained by this section, the employer shall notify NIOSH at least 3 months prior to the disposal of such records and shall transmit those records to NIOSH if requested within the period. [§1532.1(n)(6)(C)]
(D) The employer shall also comply with any additional requirements involving transfer of records set forth in Section 3204(h). [§1532.1(n)(6)(D)]
(o) Observation of monitoring. [§1532.1(o)]
(1) Employee observation. The employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to lead conducted pursuant to subsection (d). [§1532.1(o)(1)]
(2) Observation procedures. [§1532.1(o)(2)]
(A) Whenever observation of the monitoring of employee exposure to lead requires entry into an area where the use of respirators, protective clothing or equipment is required, the employer shall provide the observer with and assure the use of such respirators, clothing and equipment, and shall require the observer to comply with all other applicable safety and health procedures. [§1532.1(o)(2)(A)]
(B) Without interfering with the monitoring, observers shall be entitled to: [§1532.1(o)(2)(B)]
1. Receive an explanation of the measurement procedures; [§1532.1(o)(2)(B)1.]
2. Observe all steps related to the monitoring of lead performed at the place of exposure; and [§1532.1(o)(2)(B)2.]
3. Record the results obtained or receive copies of the results when returned by the laboratory. [§1532.1(o)(2)(B)3.]
(p) Lead-Work Pre-Job Notification. The employer shall provide written notification to the nearest Division District Office in the manner prescribed by subsections (p)(1) through (p)(4) when work is planned that includes any of the tasks listed in subsection (d)(2). [§1532.1(p)]
Exception No. 1: The employer is not required to notify the Division if:
A.The amount of lead-containing materials to be disturbed is less than 100 square or 100 linear feet; or
B.The only subsection (d)(2) task to be performed consists of torch cutting or welding, not to exceed a duration of 1 hour in any shift.
Exception No. 2: The employer is not required to notify the Division if the percentage of lead in the material disturbed is less than 0.5%, 5,000 parts per million (weight by weight), or 1.0 mg/cm2
(1) The employer shall ensure that the information required by subsection (p)(2) is received by the nearest Division District Office at least 24 hours prior to the commencement of the work by any of the following means: [§1532.1(p)(1)]
(A) Letter; [§1532.1(p)(1)(A)]
(B) Facsimile; [§1532.1(p)(1)(B)]
(C) Electronic mail; or [§1532.1(p)(1)(C)]
(D) Telephone call, followed by written notification sent or mailed within 24 hours of placing the call. [§1532.1(p)(1)(D)]
Exception: When an employer intends to initiate unforeseen lead-work on an urgent basis within 24 hours, the notification requirement may be met by giving telephone notice to the Division at any time prior to commencement of the work, followed by written notification sent or mailed within 24 hours of telephoning the Division.
(2) The written notification provided by the employer shall contain the following: [§1532.1(p)(2)]
(A) The name, address and phone number of the employer; [§1532.1(p)(2)(A)]
(B) The address of the job (or common name of the site with closest streets or roadways identified); [§1532.1(p)(2)(B)]
(C) The precise physical location of the lead related work at the job site; [§1532.1(p)(2)(C)]
(D) The projected starting date; [§1532.1(p)(2)(D)]
(E) The expected completion date or approximate duration of the work in days; [§1532.1(p)(2)(E)]
(F) The approximate number of workers planned to do the leadrelated work; [§1532.1(p)(2)(F)]
(G) The type of structure(s) in which or on which the work is to be performed; [§1532.1(p)(2)(G)]
(H) The amount of lead containing material to be disturbed in square feet or linear feet; [§1532.1(p)(2)(H)]
(I) A description of the type of lead-related work to be performed and work practices that will be utilized; [§1532.1(p)(2)(I)]
(J) The name of the supervisor who will be responsible for the lead-related work; and [§1532.1(p)(2)(J)]
(K) The amount of lead in the disturbed materials (percent by weight, parts per million or milligrams per square centimeter) if known. [§1532.1(p)(2)(K)]
(3) The employer shall notify the Division, and provide the current information, if changes are made to the starting date, the surface area to be disturbed, or the type of lead-related work performed or work practices to be utilized, before or upon adoption of that change. [§1532.1(p)(3)]
(4) An employer conducting ongoing, lead-related operations and maintenance work on stationary steel structures need only notify the Division once for each structure if the duration of the operations and maintenance work is less than one year. If the duration of the work is more than one year, the employer shall submit to the Division at least once per year a supplemental written notification updating all of the information required by subsection (p)(2) for each structure. [§1532.1(p)(4)]
(q) Appendices. The information contained in the appendices to this section is not intended by itself, to create any additional obligations not otherwise imposed by this standard nor detract from any existing obligation. [§1532.1(q)]
§1532.1
Appendix A Substance Data Sheet for Occupational Exposure to Lead
I. Substance Identification
A. Substance: Pure lead (Pb) is a heavy metal at room temperature and pressure and is a basic chemical element. It can combine with various other substances to form numerous lead compounds.
B. Compounds covered by the standard: The word "lead" when used in this standard means elemental lead, all inorganic lead compounds and a class of organic lead compounds called lead soaps. This standard does not apply to other organic lead compounds.
C. Uses: Exposure to lead occurs in several different occupations in the construction industry, including demolition or salvage of structures where lead or lead-containing materials are present;
removal or encapsulation of lead-containing materials, new construction, alteration, repair, or renovation of structures that contain lead or materials containing lead; installation of products containing lead. In addition, there are construction related activities where exposure to lead may occur, including transportation, disposal, storage, or containment of lead or materials containing lead on construction sites, and maintenance operations associated with construction activities.
D. Permissible exposure: The permissible exposure limit (PEL) set by the standard is 50 micrograms of lead per cubic meter of air (50 μg/m3) averaged over an 8-hour workday.
E. Action level: The standard establishes an action level of 30 micrograms of lead per cubic meter of air (30 μg/m3) averaged over an 8-hour workday. The action level triggers several ancillary provisions of the standard such as exposure monitoring, medical surveillance, and training.
II. Health Hazard Data
A. Ways in which lead enters your body. When absorbed into your body in certain doses, lead is a toxic substance. The object of the lead standard is to prevent absorption of harmful quantities of lead. The standard is intended to protect you not only from the immediate toxic effects of lead, but also from the serious toxic effects that may not become apparent until years of exposure have passed. Lead can be absorbed into your body by inhalation (breathing) and ingestion (eating). Lead (except for certain organic lead compounds not covered by the standard, such as tetraethyl lead) is not absorbed through your skin. When lead is scattered in the air as a dust, fume or mist it can be inhaled and absorbed through your lungs and upper respiratory tract. Inhalation of airborne lead is generally the most important source of occupational lead absorption. You can also absorb lead through your digestive system if lead gets into your mouth and is swallowed. If you handle food, cigarettes, chewing tobacco, or make-up which have lead on them or handle them with hands contaminated with lead, this will contribute to ingestion. A significant portion of the lead that you inhale or ingest gets into your blood stream. Once in your blood stream, lead is circulated throughout your body and stored in various organs and body tissues. Some of this lead is quickly filtered out of your body and excreted, but some remains in the blood and other tissues. As exposure to lead continues, the amount stored in your body will increase if you are absorbing more lead than your body is excreting. Even though you may not be aware of any immediate symptoms of disease, this lead stored in your tissues can be slowly causing irreversible damage, first to individual cells, then to your organs and whole body systems.
B. Effects of overexposure to lead.
(1) Short term (acute) overexposure. Lead is a potent, systemic poison that serves no known useful function once absorbed by your body. Taken in large enough doses, lead can kill you in a matter of days. A condition affecting the brain called acute encephalopathy may arise which develops quickly to seizures, coma, and death from cardiorespiratory arrest. A short term dose of lead can lead to acute encephalopathy. Short term occupational exposures of this magnitude are highly unusual, but not impossible. Similar forms of encephalopathy may, however, arise from extended, chronic exposure to lower doses of lead. There is no sharp dividing line between rapidly developing acute effects of lead, and chronic effects which take longer to acquire. Lead adversely affects numerous body systems, and causes forms of health impairment and disease which arise after periods of exposure as short as days or as long as several years.
(2) Long-term (chronic) overexposure. Chronic overexposure to lead may result in severe damage to your blood-forming, nervous, urinary and reproductive systems. Some common symptoms of chronic overexposure include loss of appetite, metallic taste in the mouth, anxiety, constipation, nausea, pallor, excessive tiredness, weakness, insomnia, headache, nervous irritability, muscle and joint pain or soreness, fine tremors, numbness, dizziness, hyperactivity and colic. In lead colic there may be severe abdominal pain. Damage to the central nervous system in general and the brain (encephalopathy) in particular is one of the most severe forms of lead poisoning. The most severe, often fatal, form of encephalopathy may be preceded by vomiting, a feeling of dullness progressing to drowsiness and stupor, poor memory, restlessness, irritability, tremor, and convulsions. It may arise suddenly with the onset of seizures, followed by coma, and death. There is a tendency for muscular weakness to develop at the same time.
§1532.1 Appendix B
Subchapter 4. Construction Safety Orders
This weakness may progress to paralysis often observed as a characteristic "wrist drop" or "foot drop" and is a manifestation of a disease to the nervous system called peripheral neuropathy. Chronic overexposure to lead also results in kidney disease with few, if any, symptoms appearing until extensive and most likely permanent kidney damage has occurred. Routine laboratory tests reveal the presence of this kidney disease only after about two-thirds of kidney function is lost. When overt symptoms of urinary dysfunction arise, it is often too late to correct or prevent worsening conditions, and progression to kidney dialysis or death is possible. Chronic overexposure to lead impairs the reproductive systems of both men and women. Overexposure to lead may result in decreased sex drive, impotence and sterility in men. Lead can alter the structure of sperm cells raising the risk of birth defects. There is evidence of miscarriage and stillbirth in women whose husbands were exposed to lead or who were exposed to lead themselves. Lead exposure also may result in decreased fertility, and abnormal menstrual cycles in women. The course of pregnancy may be adversely affected by exposure to lead since lead crosses the placental barrier and poses risks to developing fetuses. Children born of parents either one of whom were exposed to excess lead levels are more likely to have birth defects, mental retardation, behavioral disorders or die during the first year of childhood. Overexposure to lead also disrupts the blood-forming system resulting in decreased hemoglobin (the substance in the blood that carries oxygen to the cells) and ultimately anemia. Anemia is characterized by weakness, pallor and fatigability as a result of decreased oxygen carrying capacity in the blood.
(3) Health protection goals of the standard. Prevention of adverse health effects for most workers from exposure to lead throughout a working lifetime requires that a worker's blood lead level (BLL, also expressed as PbB) be maintained at or below forty micrograms per deciliter of whole blood (40 μg/dl). The blood lead levels of workers (both male and female workers) who intend to have children should be maintained below 30 μg/dl to minimize adverse reproductive health effects to the parents and to the developing fetus. The measurement of your blood lead level (BLL) is the most useful indicator of the amount of lead being absorbed by your body. Blood lead levels are most often reported in units of milligrams (mg) or micrograms (μg) of lead (1 mg=1000 μg) per 100 grams (100g), 100 milliliters (100 ml) or deciliter (dl) of blood. These three units are essentially the same. Sometime BLLs are expressed in the form of mg% or μg%. This is a shorthand notation for 100g, 100 ml, or dl. (Reference to BLL measurements in this standard are expressed in the form of μg/dl.)
BLL measurements show the amount of lead circulating in your blood stream, but do not give any information about the amount of lead stored in your various tissues. BLL measurements merely show current absorption of lead, not the effect that lead is having on your body or the effects that past lead exposure may have already caused. Past research into leadrelated diseases, however, has focused heavily on associations between BLLs and various diseases. As a result, your BLL is an important indicator of the likelihood that you will gradually acquire a lead-related health impairment or disease.
Once your blood lead level climbs about 40 μg/dl, your risk of disease increases. There is a wide variability of individual response to lead, thus it is difficult to say that a particular BLL in a given person will cause a particular effect. Studies have associated fatal encephalopathy with BLLs as low as 150 μg/dl. Other studies have shown other forms of diseases in some workers with BLLs well below 80 μg/dl. Your BLL is a crucial indicator of the risks to your health, but one other factor is also extremely important. This factor is the length of time you have had elevated BLLs. The longer you have an elevated BLL, the greater the risk that large quantities of lead are being gradually stored in your organs and tissues (body burden). The greater your overall body burden, the greater the chances of substantial permanent damage. The best way to prevent all forms of lead-related impairments and diseases — both short term and long term — is to maintain your BLL below 40 μg/dl. The provisions of the standard are designed with this end in mind.
Your employer has prime responsibility to assure that the provisions of the standard are complied with both by the company and by individual workers. You, as a worker, however, also have a responsibility to assist your employer in complying with the standard. You can play a key role in protecting your own health by learning about the lead hazards and their control, learning what the standard requires, following the standard
where it governs your own actions, and seeing that your employer complies with provisions governing his or her actions.
(4) Reporting signs and symptoms of health problems. You should immediately notify your employer if you develop signs or symptoms associated with lead poisoning or if you desire medical advice concerning the effects of current or past exposure to lead or your ability to have a healthy child. You should also notify your employer if you have difficulty breathing during a respirator fit test or while wearing a respirator. In each of these cases, your employer must make available to you appropriate medical examinations or consultations. These must be provided at no cost to you and at a reasonable time and place. The standard contains a procedure whereby you can obtain a second opinion by a physician of your choice if your employer selected the initial physician.
§1532.1 Appendix B Employee Standard Summary
This appendix summarizes key provisions of the standard for lead in construction that you as a worker should become familiar with.
I. Permissible Exposure Limit (PEL) - Subsection (c)
The standard sets a permissible exposure limit (PEL) of 50 micrograms of lead per cubic meter of air (50 μg/m3), averaged over an 8-hour workday which is referred to as a time-weighted average (TWA). This is the highest level of lead in air to which you may be permissibly exposed over an 8-hour workday. However, since this is an 8-hour average, short exposures above the PEL are permitted so long as for each 8-hour work day your average exposure does not exceed this level. This standard, however, takes into account the fact that your daily exposure to lead can extend beyond a typical 8-hour workday as the result of overtime or other alterations in your work schedule. To deal with this situation, the standard contains a formula which reduces your permissible exposure when you are exposed more than 8 hours. For example, if you are exposed to lead for 10 hours a day, the maximum permitted average exposure would be 40 μg/m3
II. Exposure Assessment - Subsection (d)
If lead is present in your workplace in any quantity, your employer is required to make an initial determination of whether any employee's exposure to lead exceeds the action level (30 μg/m3 averaged over an 8-hour day). Employee exposure is that exposure which would occur if the employee were not using a respirator. This initial determination requires your employer to monitor workers' exposures unless he or she has objective data which can demonstrate conclusively that no employee will be exposed to lead in excess of the action level. Where objective data is used in lieu of actual monitoring the employer must establish and maintain an accurate record, documenting its relevancy in assessing exposure levels for current job conditions. If such objective data is available, the employer need proceed no further on employee exposure assessment until such time that conditions have changed and the determination is no longer valid. Objective data for surfaces and materials that is less than 0.06% lead dry weight (600 ppm) is indicative of materials that will not give lead concentrations above the action level. Lead analysis must be performed for each unique surface coating or material. Surface coating or material objective data cannot be used to replace air monitoring for exposure assessments required for the lead-related tasks listed in subsection (d)(2). Objective data may be compiled from various sources, e.g., insurance companies and trade associations and information from suppliers or exposure data collected from similar operations. Objective data may also comprise previously-collected sampling data including area monitoring. If it cannot be determined through using objective data that worker exposure is less than the action level, your employer must conduct monitoring or must rely on relevant previous personal sampling, if available. Where monitoring is required for the initial determination, it may be limited to a representative number of employees who are reasonably expected to have the highest exposure levels. If your employer has conducted appropriate air sampling for lead in the past 12 months, he or she may use these results, provided they are applicable to the same employee tasks and exposure conditions and meet the requirements for accuracy as specified in the standard. As with objective data, if such results are relied upon for the initial determination, your employer must establish and maintain a record as to the relevancy of such data to current job conditions.
If there have been any employee complaints of symptoms which may be attributable to exposure to lead or if there is any other information or observations which would indicate employee exposure to lead, this must also be considered as part of the initial determination.
If this initial determination shows that a reasonable possibility exists that any employee may be exposed, without regard to respirators, over the action level, your employer must set up an air
(4) Information provided to the PLHCP. The employer shall ensure that the examining PLHCP has a copy of this standard, and shall provide the following information: [§1532.2(i)(4)]
(A) A description of the affected employee's former, current, and anticipated duties as they relate to the employee's occupational exposure to chromium (VI); [§1532.2(i)(4)(A)]
(B) The employee's former, current, and anticipated levels of occupational exposure to chromium (VI); [§1532.2(i)(4)(B)]
(C) A description of any personal protective equipment used or to be used by the employee, including when and for how long the employee has used that equipment; and [§1532.2(i)(4)(C)]
(D) Information from records of employment-related medical examinations previously provided to the affected employee, currently within the control of the employer. [§1532.2(i)(4)(D)]
(5) PLHCP's written medical opinion. [§1532.2(i)(5)]
(A) The employer shall obtain a written medical opinion from the PLHCP, within 30 days for each medical examination performed on each employee, which contains: [§1532.2(i)(5)(A)]
1. The PLHCP's opinion as to whether the employee has any detected medical condition(s) that would place the employee at increased risk of material impairment to health from further exposure to chromium (VI); [§1532.2(i)(5)(A)1.]
2. Any recommended limitations upon the employee's exposure to chromium (VI) or upon the use of personal protective equipment such as respirators; [§1532.2(i)(5)(A)2.]
3. A statement that the PLHCP has explained to the employee the results of the medical examination, including any medical conditions related to chromium (VI) exposure that require further evaluation or treatment, and any special provisions for use of protective clothing or equipment. [§1532.2(i)(5)(A)3.]
(B) The PLHCP shall not reveal to the employer specific findings or diagnoses unrelated to occupational exposure to chromium (VI). [§1532.2(i)(5)(B)]
(C) The employer shall provide a copy of the PLHCP's written medical opinion to the examined employee within two weeks after receiving it. [§1532.2(i)(5)(C)]
(j) Communication of chromium (VI) hazards to employees. [§1532.2(j)]
(1) Hazard communication. The employer shall include chromium (VI) in the program established to comply with the Hazard Communication Standard (HCS) (Section 5194). The employer shall ensure that each employee has access to labels on containers of chromium and safety data sheets, and is trained in accordance with the provisions of Section 5194 and subsection (j)(2) of this section. The employer shall provide information on at least the following hazards: Cancer; eye irritation; and skin sensitization. [§1532.2(j)(1)]
(2) Employee information and training. [§1532.2(j)(2)]
(A) The employer shall ensure that each employee can demonstrate knowledge of at least the following: [§1532.2(j)(2)(A)]
1. The contents of this section; and [§1532.2(j)(2)(A)1.]
2. The purpose and a description of the medical surveillance program required by subsection (i) of this section. [§1532.2(j)(2)(A)2.]
(B) The employer shall make a copy of this section readily available without cost to all affected employees. [§1532.2(j)(2)(B)]
(k) Recordkeeping. [§1532.2(k)]
(1) Air monitoring data. [§1532.2(k)(1)]
(A) The employer shall maintain an accurate record of all air monitoring conducted to comply with the requirements of this section. [§1532.2(k)(1)(A)]
(B) This record shall include at least the following information: [§1532.2(k)(1)(B)]
1. The date of measurement for each sample taken; [§1532.2(k)(1)(B)1.]
2. The operation involving exposure to chromium (VI) that is being monitored; [§1532.2(k)(1)(B)2.]
3. Sampling and analytical methods used and evidence of their accuracy; [§1532.2(k)(1)(B)3.]
4. Number, duration, and the results of samples taken; [§1532.2(k)(1)(B)4.]
5. Type of personal protective equipment, such as respirators worn; and [§1532.2(k)(1)(B)5.]
6. Name, social security number, and job classification of all employees represented by the monitoring, indicating which employees were actually monitored. [§1532.2(k)(1)(B)6.]
(C) The employer shall ensure that exposure records are maintained and made available in accordance with Section 3204. [§1532.2(k)(1)(C)]
(2) Historical monitoring data. [§1532.2(k)(2)]
(A) Where the employer has relied on historical monitoring data to determine exposure to chromium (VI), the employer shall establish and maintain an accurate record of the historical monitoring data relied upon. [§1532.2(k)(2)(A)]
(B) The record shall include information that reflects the following conditions: [§1532.2(k)(2)(B)]
1. The data were collected using methods that meet the accuracy requirements of subsection (d)(5) of this section; [§1532.2(k)(2)(B)1.]
2. The processes and work practices that were in use when the historical monitoring data were obtained are essentially the same as those to be used during the job for which exposure is being determined; [§1532.2(k)(2)(B)2.]
3. The characteristics of the chromium (VI) containing material being handled when the historical monitoring data were obtained are the same as those on the job for which exposure is being determined; [§1532.2(k)(2)(B)3.]
4. Environmental conditions prevailing when the historical monitoring data were obtained are the same as those on the job for which exposure is being determined; and [§1532.2(k)(2)(B)4.]
5. Other data relevant to the operations, materials, processing, or employee exposures covered by the exception. [§1532.2(k)(2)(B)5.]
(C) The employer shall ensure that historical exposure records are maintained and made available in accordance with Section 3204. [§1532.2(k)(2)(C)]
(3) Objective data. [§1532.2(k)(3)]
(A) The employer shall maintain an accurate record of all objective data relied upon to comply with the requirements of this section. [§1532.2(k)(3)(A)]
(B) This record shall include at least the following information: [§1532.2(k)(3)(B)]
1. The chromium containing material in question; [§1532.2(k)(3)(B)1.]
2. The source of the objective data; [§1532.2(k)(3)(B)2.]
3. The testing protocol and results of testing, or analysis of the material for the release of chromium (VI); [§1532.2(k)(3)(B)3.]
4. A description of the process, operation, or activity and how the data support the determination; and [§1532.2(k)(3)(B)4.]
5. Other data relevant to the process, operation, activity, material, or employee exposures. [§1532.2(k)(3)(B)5.]
(C) The employer shall ensure that objective data are maintained and made available in accordance with Section 3204. [§1532.2(k)(3)(C)]
(4) Medical surveillance. [§1532.2(k)(4)]
(A) The employer shall establish and maintain an accurate record for each employee covered by medical surveillance under subsection (i)of this section. [§1532.2(k)(4)(A)]
(B) The record shall include the following information about the employee: [§1532.2(k)(4)(B)]
1. Name and social security number; [§1532.2(k)(4)(B)1.]
2. A copy of the PLHCP's written opinions; [§1532.2(k)(4)(B)2.]
3. A copy of the information provided to the PLHCP as required by subsection (i)(4) of this section.
[§1532.2(k)(4)(B)3.]
(C) The employer shall ensure that medical records are maintained and made available in accordance with Section 3204. [§1532.2(k)(4)(C)]
(l) Dates. [§1532.2(l)]
(1) For employers with 20 or more employees, all obligations of this section, except engineering controls required by subsection (e) of this section, commence November 27, 2006.
[§1532.2(l)(1)]
(2) For employers with 19 or fewer employees, all obligations of this section, except engineering controls required by subsection (e) of this section, commence May 30, 2007. [§1532.2(l)(2)]
(3) For all employers, engineering controls required by subsection (e) of this section shall be implemented no later than May 31, 2010. [§1532.2(l)(3)]
(m) Reporting requirements. See Section 5203. [§1532.2(m)]
§1532.3 Occupational Exposures to Respirable Crystalline Silica
(a) Scope and application. This section applies to all occupational exposures to respirable crystalline silica in construction work,
§1532.3
Subchapter 4. Construction Safety Orders
except where employee exposure will remain below 25 micrograms per cubic meter of air (25 μg/m3) as an 8-hour time-weighted average (TWA) under any foreseeable conditions. [§1532.3(a)]
(b) Definitions. For the purposes of this section the following definitions apply: [§1532.3(b)]
Action Level means a concentration of airborne respirable crystalline silica of 25 μg/m3, calculated as an 8-hour TWA.
Chief means the Chief of the Division of Occupational Safety and Health, or designee.
Director means the Director of the National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services, or designee.
Competent Person means an individual who is capable of identifying existing and foreseeable respirable crystalline silica hazards in the workplace and who has authorization to take prompt corrective measures to eliminate or minimize them. The competent person must have the knowledge and ability necessary to fulfill the responsibilities set forth in subsection (g).
Employee Exposure means the exposure to airborne respirable crystalline silica that would occur if the employee were not using a respirator.
High-efficiency Particulate Air (HEPA) Filter means a filter that is at least 99.97 percent efficient in removing mono-dispersed particles of 0.3 micrometers in diameter.
Objective Data means information, such as air monitoring data from industry-wide surveys or calculations based on the composition of a substance, demonstrating employee exposure to respirable crystalline silica associated with a particular product
or material or a specific process, task, or activity. The data must reflect workplace conditions closely resembling or with a higher exposure potential than the processes, types of material, control methods, work practices, and environmental conditions in the employer's current operations.
Physician or Other Licensed Health Care Professional (PLHCP) means an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows him or her to independently provide or be delegated the responsibility to provide some or all of the particular health care services required by subsection (h).
Respirable Crystalline Silica means quartz, cristobalite, and/or tridymite contained in airborne particles that are determined to be respirable by a sampling device designed to meet the characteristics for respirable-particle-size-selective samplers specified in the International Organization for Standardization (ISO) 7708:1995: Air Quality -Particle Size Fraction Definitions for Health-Related Sampling.
Specialist means an American Board Certified Specialist in Pulmonary Disease or an American Board Certified Specialist in Occupational Medicine.
This Section means this respirable crystalline silica standard, Section 1532.3.
(c) Specified exposure control methods. [§1532.3(c)]
(1) For each employee engaged in a task identified on Table 1, the employer shall fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1, unless the employer assesses and limits the exposure of the employee to respirable crystalline silica in accordance with subsection (d). [§1532.3(c)(1)] Table
(ii)
(iii) Handheld power saws for cutting fiber-cement board (with blade diameter of 8 inches or less)
(iv)
(v)Drivable
(vi)
(vii) Handheld and stand-mounted drills (including impact and rotary hammer drills)
Use drill equipped with commercially available shroud or cowling with dust collection system
Operate and maintain tool in accordance with manufacturer's instructions to minimize dust emissions
Dust collector must provide the air flow recommended by the tool manufacturer, or greater, and have a filter with 99% or greater efficiency and a filter-cleaning mechanism
Use a HEPA-filtered vacuum when cleaning holes
(x) Jackhammers and handheld powered chipping tools
(xi) Handheld grinders for mortar removal (i.e., tuckpointing)
Use tool with water delivery system that supplies a continuous stream or spray of water at the point of impact:
(xii) Handheld grinders for uses other than mortar removal
(xiii)Walk-behind milling machines and floor grinders
-When used outdoors None APF 10.
-When used indoors or in an enclosed area APF 10 APF 10. OR
Use tool equipped with commercially available shroud and dust collection system
Operate and maintain tool in accordance with manufacturer's instructions to minimize dust emissions
Dust collector must provide the air flow recommended by the tool manufacturer, or greater, and have a filter with 99% or greater efficiency and a filter-cleaning mechanism:
-When used outdoors
Use grinder equipped with commercially available shroud and dust collection system
Operate and maintain tool in accordance with manufacturer's instructions to minimize dust emissions
Dust collector must provide 25 cubic feet per minute (cfm) or greater of airflow per inch of wheel diameter and have a filter with 99% or greater efficiency and a cyclonic pre-separator or filtercleaning mechanism
For tasks performed outdoors only:
Use grinder equipped with integrated water delivery system that continuously feeds water to the grinding surface
Operate and maintain tool in accordance with manufacturer's instructions to minimize dust emissions
a filter with 99% or greater efficiency and a cyclonic pre-separator or filtercleaning mechanism: -When used outdoors
-When used indoors or in an enclosed area
Use machine equipped with integrated water delivery system that continuously feeds water to the cutting surface
None APF 10.
-When used indoors or in an enclosed area APF 10 APF 10.
APF 10APF 25.
Operate and maintain tool in accordance with manufacturer's instructions to minimize dust emissions NoneNone.
OR
Use machine equipped with dust collection system recommended by the manufacturer
Operate and maintain tool in accordance with manufacturer's instructions to minimize dust emissions
Dust collector must provide the air flow recommended by the manufacturer, or greater, and have a filter with 99% or greater efficiency and a filter-cleaning mechanism
When used indoors or in an enclosed area, use a HEPA-filtered vacuum to remove loose dust in between passes NoneNone. Table
(xiv)
(xv) Large drivable milling machines (half-lane and larger)
Use
Operate and maintain machine to minimize dust emissions
For cuts of any depth on asphalt only: Use machine equipped with exhaust ventilation on drum enclosure and supplemental water sprays designed to suppress dust
Operate and maintain machine to minimize dust emissions
For cuts of four inches in depth or less on any substrate:
Use machine equipped with exhaust ventilation on drum enclosure and supplemental water sprays designed to suppress dust
Operate and maintain machine to minimize dust emissions
None
NoneNone.
NoneNone. OR
Use a machine equipped with supplemental water spray designed to suppress dust. Water must be combined with a surfactant
Operate and maintain machine to minimize dust emissions
Use equipment designed to deliver water spray or mist for dust suppression at crusher and other points where dust is generated (e.g., hoppers, conveyers, sieves/sizing or vibrating components, and discharge points)
NoneNone.
(xvi) Crushing machines
(xvii)
(xviii)
Heavy equipment and utility vehicles used to abrade or fracture silica-containing materials (e.g., hoe-ramming, rock ripping) or used during demolition activities involving silica-containing materials
Heavy equipment and utility vehicles for tasks such as grading and excavating but not including: Demolishing, abrading, or fracturing silica-containing materials
Operate and maintain machine in accordance with manufacturer's instructions to minimize dust emissions
Use a ventilated booth that provides fresh, climatecontrolled air to the operator, or a remote control station
Operate equipment from within an enclosed cab
When employees outside of the cab are engaged in the task, apply water and/or dust suppressants as necessary to minimize dust emissions NoneNone.
Apply water and/or dust suppressants as necessary to minimize dust emissions None
When the equipment operator is the only employee engaged in the task, operate equipment from within an enclosed cab None
(2) When implementing the control measures specified in Table 1, each employer shall: [§1532.3(c)(2)]
(A) For tasks performed indoors or in enclosed areas, provide a means of exhaust as needed to minimize the accumulation of visible airborne dust; [§1532.3(c)(2)(A)]
(B) For tasks performed using wet methods, apply water at flow rates sufficient to minimize release of visible dust; [§1532.3(c)(2)(B)]
(C) For measures implemented that include an enclosed cab or booth, ensure that the enclosed cab or booth: [§1532.3(c)(2)(C)]
1. Is maintained as free as practicable from settled dust; [§1532.3(c)(2)(C)1.]
2. Has door seals and closing mechanisms that work properly; [§1532.3(c)(2)(C)2.]
3. Has gaskets and seals that are in good condition and working properly; [§1532.3(c)(2)(C)3.]
4. Is under positive pressure maintained through continuous delivery of fresh air; [§1532.3(c)(2)(C)4.]
5. Has intake air that is filtered through a filter that is 95% efficient in the 0.3-10.0 μm range (e.g., MERV-16 or better); and [§1532.3(c)(2)(C)5.]
6. Has heating and cooling capabilities. [§1532.3(c)(2)(C)6.]
(3) Where an employee performs more than one task on Table 1 during the course of a shift, and the total duration of all tasks combined is more than four hours, the required respiratory protection for each task is the respiratory protection specified for more than four hours per shift. If the total duration of all tasks on Table 1 combined is less than four hours, the required respiratory protection for each task is the respiratory protection specified for less than four hours per shift. [§1532.3(c)(3)]
(d) Alternative exposure control methods. For tasks not listed in Table 1, or where the employer does not fully and properly implement the engineering controls, work practices, and respiratory protection described in Table 1: [§1532.3(d)]
(1) Permissible exposure limit (PEL). The employer shall ensure that no employee is exposed to an airborne concentration of respirable crystalline silica in excess of 50 μg/m3, calculated as an 8-hour TWA. [§1532.3(d)(1)]
(2) Exposure assessment. [§1532.3(d)(2)]
(A) General. The employer shall assess the exposure of each employee who is or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in subsection (d)(2)(B) or the scheduled monitoring option in subsection (d)(2)(C. [§1532.3(d)(2)(A)]
(B) Performance option. The employer shall assess the 8-hour TWA exposure for each employee on the basis of any combination of air monitoring data or objective data sufficient to accurately characterize employee exposures to respirable crystalline silica. [§1532.3(d)(2)(B)]
(C) Scheduled monitoring option. [§1532.3(d)(2)(C)]
1. The employer shall perform initial monitoring to assess the 8-hour TWA exposure for each employee on the basis of one or more personal breathing zone air samples that reflect the exposures of employees on each shift, for each job classification, in each work area. Where several employees perform the same tasks on the same shift and in the same work area, the employer may sample a representative fraction of these employees in order to meet this requirement. In representative sampling, the employer shall sample the employee(s)
who are expected to have the highest exposure to respirable crystalline silica. [§1532.3(d)(2)(C)1.]
2. If initial monitoring indicates that employee exposures are below the action level, the employer may discontinue monitoring for those employees whose exposures are represented by such monitoring. [§1532.3(d)(2)(C)2.]
3. Where the most recent exposure monitoring indicates that employee exposures are at or above the action level but at or below the PEL, the employer shall repeat such monitoring within six months of the most recent monitoring. [§1532.3(d)(2)(C)3.]
4. Where the most recent exposure monitoring indicates that employee exposures are above the PEL, the employer shall repeat such monitoring within three months of the most recent monitoring. [§1532.3(d)(2)(C)4.]
5. Where the most recent (non-initial) exposure monitoring indicates that employee exposures are below the action level, the employer shall repeat such monitoring within six months of the most recent monitoring until two consecutive measurements, taken seven or more days apart, are below the action level, at which time the employer may discontinue monitoring for those employees whose exposures are represented by such monitoring, except as otherwise provided in subsection (d)(2)(D). [§1532.3(d)(2)(C)5.]
(D) Reassessment of exposures. The employer shall reassess exposures whenever a change in the production, process, control equipment, personnel, or work practices may reasonably be expected to result in new or additional exposures at or above the action level, or when the employer has any reason to believe that new or additional exposures at or above the action level have occurred. [§1532.3(d)(2)(D)]
(E) Methods of sample analysis. The employer shall ensure that all samples taken to satisfy the monitoring requirements of subsection (d)(2) are evaluated by a laboratory that analyzes air samples for respirable crystalline silica in accordance with the procedures in Appendix A to this section. [§1532.3(d)(2)(E)]
(F) Employee notification of assessment results. [§1532.3(d)(2)(F)]
1. Within five working days after completing an exposure assessment in accordance with subsection (d)(2), the employer shall individually notify each affected employee in writing of the results of that assessment or post the results in an appropriate location accessible to all affected employees. [§1532.3(d)(2)(F)1.]
2. Whenever an exposure assessment indicates that employee exposure is above the PEL, the employer shall describe in the written notification the corrective action being taken to reduce employee exposure to or below the PEL. [§1532.3(d)(2)(F)2.]
(G) Observation of monitoring. [§1532.3(d)(2)(G)]
1. Where air monitoring is performed to comply with the requirements of this section, the employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to respirable crystalline silica. [§1532.3(d)(2)(G)1.]
2. When observation of monitoring requires entry into an area where the use of protective clothing or equipment is required for any workplace hazard, the employer shall provide the observer with protective clothing and equipment at no cost and shall ensure that the observer uses such clothing and equipment. [§1532.3(d)(2)(G)2.]
(3) Methods of compliance. [§1532.3(d)(3)]
(A) Engineering and work practice controls. The employer shall use engineering and work practice controls to reduce and maintain employee exposure to respirable crystalline silica to or below the PEL, unless the employer can demonstrate that such controls are not feasible. Wherever such feasible engineering and work practice controls are not sufficient to reduce employee exposure to or below the PEL, the employer shall nonetheless use them to reduce employee exposure to the lowest feasible level and shall supplement them with the use of respiratory protection that complies with the requirements of subsection (e). [§1532.3(d)(3)(A)]
(B) Abrasive blasting. In addition to the requirements of subsection (d)(3)(A), the employer shall comply with other Title 8 standards, when applicable, such as section 1530 (Ventilation), where abrasive blasting is conducted using crystalline silica-containing blasting agents, or where abrasive blasting is conducted on substrates that contain crystalline silica. [§1532.3(d)(3)(B)]
(e) Respiratory protection. [§1532.3(e)]
(1) General. Where respiratory protection is required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this subsection and Section 5144. Respiratory protection is required:
[§1532.3(e)(1)]
(A) Where specified by Table 1 of subsection (c); or [§1532.3(e)(1)(A)]
(B) For tasks not listed in Table 1, or where the employer does not fully and properly implement the engineering controls, work practices, and respiratory protection described in Table 1: [§1532.3(e)(1)(B)]
1. Where exposures exceed the PEL during periods necessary to install or implement feasible engineering and work practice controls; [§1532.3(e)(1)(B)1.]
2. Where exposures exceed the PEL during tasks, such as certain maintenance and repair tasks, for which engineering and work practice controls are not feasible; and [§1532.3(e)(1)(B)2.]
3. During tasks for which an employer has implemented all feasible engineering and work practice controls and such controls are not sufficient to reduce exposures to or below the PEL. [§1532.3(e)(1)(B)3.]
(2) Respiratory protection program. Where respirator use is required by this section, the employer shall institute a respiratory protection program in accordance with Section 5144. [§1532.3(e)(2)]
(3) Specified exposure control methods. For the tasks listed in Table 1 in subsection (c), if the employer fully and properly implements the engineering controls, work practices, and respiratory protection described in Table 1, the employer shall be considered to be in compliance with subsection (e)(1) and the requirements for selection of respirators in Section 5144(d)(1)(C) and (d)(3) with regard to exposure to respirable crystalline silica. [§1532.3(e)(3)]
(f) Housekeeping. [§1532.3(f)]
(1) The employer shall not allow dry sweeping or dry brushing where such activity could contribute to employee exposure to respirable crystalline silica unless wet sweeping, HEPA-filtered vacuuming or other methods that minimize the likelihood of exposure are not feasible. [§1532.3(f)(1)]
(2) The employer shall not allow compressed air to be used to clean clothing or surfaces where such activity could contribute to employee exposure to respirable crystalline silica unless: [§1532.3(f)(2)]
(A) The compressed air is used in conjunction with a ventilation system that effectively captures the dust cloud created by the compressed air; or [§1532.3(f)(2)(A)]
(B) No alternative method is feasible. [§1532.3(f)(2)(B)]
(g) Written exposure control plan. [§1532.3(g)]
(1) The employer shall establish and implement a written exposure control plan that contains at least the following elements: [§1532.3(g)(1)]
(A) A description of the tasks in the workplace that involve exposure to respirable crystalline silica; [§1532.3(g)(1)(A)]
(B) A description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task; [§1532.3(g)(1)(B)]
(C) A description of the housekeeping measures used to limit employee exposure to respirable crystalline silica; and [§1532.3(g)(1)(C)]
(D) A description of the procedures used to restrict access to work areas, when necessary, to minimize the number of employees exposed to respirable crystalline silica and their level of exposure, including exposures generated by other employers or sole proprietors. [§1532.3(g)(1)(D)]
(2) The employer shall review and evaluate the effectiveness of the written exposure control plan at least annually and update it as necessary. [§1532.3(g)(2)]
(3) The employer shall make the written exposure control plan readily available for examination and copying, upon request, to each employee covered by this section, their designated representatives, the Chief and the Director. [§1532.3(g)(3)]
(4) The employer shall designate a competent person to make frequent and regular inspections of job sites, materials, and equipment to implement the written exposure control plan. [§1532.3(g)(4)]
(h) Medical surveillance. [§1532.3(h)]
(1) General. [§1532.3(h)(1)]
(A) The employer shall make medical surveillance available at no cost to the employee, and at a reasonable time and
Subchapter 4. Construction Safety Orders
place, for each employee who will be required under this section to use a respirator for 30 or more days per year.
[§1532.3(h)(1)(A)]
(B) The employer shall ensure that all medical examinations and procedures required by this section are performed by a PLHCP as defined in subsection (b). [§1532.3(h)(1)(B)]
(2) Initial examination. The employer shall make available an initial (baseline) medical examination within 30 days after initial assignment, unless the employee has received a medical examination that meets the requirements of this section within the last three years. The examination shall consist of: [§1532.3(h)(2)]
(A) A medical and work history, with emphasis on: Past, present, and anticipated exposure to respirable crystalline silica, dust, and other agents affecting the respiratory system; any history of respiratory system dysfunction, including signs and symptoms of respiratory disease (e.g., shortness of breath, cough, wheezing); history of tuberculosis; and smoking status and history; [§1532.3(h)(2)(A)]
(B) A physical examination with special emphasis on the respiratory system; [§1532.3(h)(2)(B)]
(C) A chest X-ray (a single posteroanterior radiographic projection or radiograph of the chest at full inspiration recorded on either film (no less than 14 x 17 inches and no more than 16 x 17 inches) or digital radiography systems), interpreted and classified according to the International Labour Office (ILO) International Classification of Radiographs of Pneumoconioses by a NIOSH-certified B Reader; [§1532.3(h)(2)(C)]
(D) A pulmonary function test to include forced vital capacity (FVC) and forced expiratory volume in one second (FEV11) and FEV11/FVC ratio, administered by a spirometry technician with a current certificate from a NIOSH-approved spirometry course; [§1532.3(h)(2)(D)]
(E) Testing for latent tuberculosis infection; and [§1532.3(h)(2)(E)]
(F) Any other tests deemed appropriate by the PLHCP. [§1532.3(h)(2)(F)]
(3) Periodic examinations. The employer shall make available medical examinations that include the procedures described in subsection (h)(2) (except subsection (h)(2)(E)) at least every three years, or more frequently if recommended by the PLHCP. [§1532.3(h)(3)]
(4) Information provided to the PLHCP. The employer shall ensure that the examining PLHCP has a copy of this standard, and shall provide the PLHCP with the following information: [§1532.3(h)(4)]
(A) A description of the employee's former, current, and anticipated duties as they relate to the employee's occupational exposure to respirable crystalline silica; [§1532.3(h)(4)(A)]
(B) The employee's former, current, and anticipated levels of occupational exposure to respirable crystalline silica; [§1532.3(h)(4)(B)]
(C) A description of any personal protective equipment used or to be used by the employee, including when and for how long the employee has used or will use that equipment; and [§1532.3(h)(4)(C)]
(D) Information from records of employment-related medical examinations previously provided to the employee and currently within the control of the employer. [§1532.3(h)(4)(D)]
(5) PLHCP's written medical report for the employee. The employer shall ensure that the PLHCP explains to the employee the results of the medical examination and provides each employee with a written medical report within 30 days of each medical examination performed. The written report shall contain: [§1532.3(h)(5)]
(A) A statement indicating the results of the medical examination, including any medical condition(s) that would place the employee at increased risk of material impairment to health from exposure to respirable crystalline silica and any medical conditions that require further evaluation or treatment; [§1532.3(h)(5)(A)]
(B) Any recommended limitations on the employee's use of respirators; [§1532.3(h)(5)(B)]
(C) Any recommended limitations on the employee's exposure to respirable crystalline silica; and [§1532.3(h)(5)(C)]
(D) A statement that the employee should be examined by a specialist (pursuant to subsection (h)(7)) if the chest X-ray provided in accordance with this section is classified as 1/0 or higher by the B Reader, or if referral to a specialist is otherwise deemed appropriate by the PLHCP. [§1532.3(h)(5)(D)]
(6) PLHCP's written medical opinion for the employer. [§1532.3(h)(6)]
(A) The employer shall obtain a written medical opinion from the PLHCP within 30 days of the medical examination. The written opinion shall contain only the following:
[§1532.3(h)(6)(A)]
1. The date of the examination; [§1532.3(h)(6)(A)1.]
2. A statement that the examination has met the requirements of this section; and [§1532.3(h)(6)(A)2.]
3. Any recommended limitations on the employee's use of respirators. [§1532.3(h)(6)(A)3.]
(B) If the employee provides written authorization, the written opinion shall also contain either or both of the following: [§1532.3(h)(6)(B)]
1. Any recommended limitations on the employee's exposure to respirable crystalline silica; [§1532.3(h)(6)(B)1.]
2. A statement that the employee should be examined by a specialist (pursuant to subsection (h)(7)) if the chest Xray provided in accordance with this section is classified as 1/0 or higher by the B Reader, or if referral to a specialist is otherwise deemed appropriate by the PLHCP. [§1532.3(h)(6)(B)2.]
(C) The employer shall ensure that each employee receives a copy of the written medical opinion described in subsection (h)(6)(A) and (B) within 30 days of each medical examination performed. [§1532.3(h)(6)(C)]
(7) Additional examinations. [§1532.3(h)(7)]
(A) If the PLHCP's written medical opinion indicates that an employee should be examined by a specialist, the employer shall make available a medical examination by a specialist within 30 days after receiving the PLHCP's written opinion. [§1532.3(h)(7)(A)]
(B) The employer shall ensure that the examining specialist is provided with all of the information that the employer is obligated to provide to the PLHCP in accordance with subsection (h)(4). [§1532.3(h)(7)(B)]
(C) The employer shall ensure that the specialist explains to the employee the results of the medical examination and provides each employee with a written medical report within 30 days of the examination. The written report shall meet the requirements of subsection (h)(5) (except subsection (h)(5)(D)). [§1532.3(h)(7)(C)]
(D) The employer shall obtain a written opinion from the specialist within 30 days of the medical examination. The written opinion shall meet the requirements of subsection (h)(6) (except subsection (h)(6)(A)2. and (B)2.). [§1532.3(h)(7)(D)]
(i) Communication of respirable crystalline silica hazards to employees. [§1532.3(i)] (1) Hazard communication. The employer shall include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (Section 5194). The employer shall ensure that each employee has access to labels on containers of crystalline silica and safety data sheets, and is trained in accordance with the provisions of HCS and subsection (i)(2). The employer shall ensure that at least the following hazards are addressed: Cancer, lung effects, immune system effects, and kidney effects. [§1532.3(i)(1)]
(2) Employee information and training. [§1532.3(i)(2)]
(A) The employer shall ensure that each employee covered by this section can demonstrate knowledge and understanding of at least the following: [§1532.3(i)(2)(A)]
1. The health hazards associated with exposure to respirable crystalline silica; [§1532.3(i)(2)(A)1.]
2. Specific tasks in the workplace that could result in exposure to respirable crystalline silica; [§1532.3(i)(2)(A)2.]
3. Specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used; [§1532.3(i)(2)(A)3.]
4. The contents of this section; [§1532.3(i)(2)(A)4.]
5. The identity of the competent person designated by the employer in accordance with subsection (g)(4); and [§1532.3(i)(2)(A)5.]
6. The purpose and a description of the medical surveillance program required by subsection (h). [§1532.3(i)(2)(A)6.]
(B) The employer shall make a copy of this section readily available without cost to each employee covered by this section. [§1532.3(i)(2)(B)]
(j) Recordkeeping. [§1532.3(j)]
(1) Air monitoring data. [§1532.3(j)(1)]
(A) The employer shall make and maintain an accurate record of all exposure measurements taken to assess employee
signs and symptoms of respiratory disease (e.g. , shortness of breath, cough, wheezing); history of TB; and smoking status and history.
2.1.2. Further, the employer must provide the PLHCP with the following information:
2.1.2.1. A description of the employee's former, current, and anticipated duties as they relate to the employee's occupational exposure to respirable crystalline silica;
2.1.2.2. The employee's former, current, and anticipated levels of occupational exposure to respirable crystalline silica;
2.1.2.3. A description of any personal protective equipment used or to be used by the employee, including when and for how long the employee has used or will use that equipment; and
2.1.2.4. Information from records of employment-related medical examinations previously provided to the employee and currently within the control of the employer.
2.1.3. Additional guidance and recommendations: A history is particularly important both in the initial evaluation and in periodic examinations. Information on past and current medical conditions (particularly a history of kidney disease, cardiac disease, connective tissue disease, and other immune diseases), medications, hospitalizations and surgeries may uncover health risks, such as immune suppression, that could put an employee at increased health risk from exposure to silica. This information is important when counseling the employee on risks and safe work practices related to silica exposure.
2.2. Physical Examination
2.2.1. The respirable crystalline silica standard requires the following: A physical examination, with special emphasis on the respiratory system. The physical examination must be performed at the initial examination and every three years thereafter.
2.2.2. Additional guidance and recommendations: Elements of the physical examination that can assist the PHLCP include: An examination of the cardiac system, an extremity examination (for clubbing, cyanosis, edema, or joint abnormalities), and an examination of other pertinent organ systems identified during the history.
2.3. TB Testing
2.3.1. The respirable crystalline silica standard requires the following: Baseline testing for TB on initial examination.
2.3.2. Additional guidance and recommendations:
2.3.2.1. Current CDC guidelines (See Section 5 of this Appendix) should be followed for the application and interpretation of Tuberculin skin tests (TST). The interpretation and documentation of TST reactions should be performed within 48 to 72 hours of administration by trained PLHCPs.
2.3.2.2. PLHCPs may use alternative TB tests, such as interferon- release assays (IGRAs), if sensitivity and specificity are comparable to TST (Mazurek et al. 2010; Slater et al. 2013). PLHCPs can consult the current CDC guidelines for acceptable tests for latent TB infection.
2.3.2.3. The silica standard allows the PLHCP to order additional tests or test at a greater frequency than required by the standard, if deemed appropriate. Therefore, PLHCPs might perform periodic (e.g. , annual) TB testing as appropriate, based on employees' risk factors. For example, according to the American Thoracic Society (ATS), the diagnosis of silicosis or exposure to silica for 25 years or more are indications for annual TB testing (ATS 1997). PLHCPs should consult the current CDC guidance on risk factors for TB (See Section 5 of this Appendix).
2.3.2.4. Employees with positive TB tests and those with indeterminate test results should be referred to the appropriate agency or specialist, depending on the test results and clinical picture. Agencies, such as local public health departments, or specialists, such as a pulmonary or infectious disease specialist, may be the appropriate referral. Active TB is a nationally notifiable disease. PLHCPs should be aware of the reporting requirements for their region. All States have TB Control Offices that can be contacted for further information.
(See Section 5 of this Appendix for links to CDC's TB resources and State TB Control Offices.)
2.3.2.5. The following public health principles are key to TB control in the U.S. (ATS-CDC-IDSA 2005):
(1) Prompt detection and reporting of persons who have contracted active TB;
(2) Prevention of TB spread to close contacts of active TB cases;
(3) Prevention of active TB in people with latent TB through targeted testing and treatment; and
(4) Identification of settings at high risk for TB transmission so that appropriate infection-control measures can be implemented.
2.4. Pulmonary Function Testing
2.4.1. The respirable crystalline silica standard requires the following: Pulmonary function testing must be performed on the initial examination and every three years thereafter. The required pulmonary function test is spirometry and must include forced vital capacity (FVC), forced expiratory volume in one second (FEV11), and FEV11/FVC ratio. Testing must be administered by a spirometry technician with a current certificate from a National Institute for Occupational Health and Safety (NIOSH)-approved spirometry course.
2.4.2. Additional guidance and recommendations: Spirometry provides information about individual respiratory status and can be used to track an employee's respiratory status over time or as a surveillance tool to follow individual and group respiratory function. For quality results, the ATS and the American College of Occupational and Environmental Medicine (ACOEM) recommend use of the third National Health and Nutrition Examination Survey (NHANES III) values, and ATS publishes recommendations for spirometry equipment (Miller et al. 2005; Townsend 2011; Redlich et al. 2014). OSHA's publication, Spirometry Testing in Occupational Health Programs: Best Practices for Healthcare Professionals, provides helpful guidance (See Section 5 of this Appendix). Abnormal spirometry results may warrant further clinical evaluation and possible recommendations for limitations on the employee's exposure to respirable crystalline silica.
2.5. Chest X-ray
2.5.1. The respirable crystalline silica standard requires the following: A single posteroanterior (PA) radiographic projection or radiograph of the chest at full inspiration recorded on either film (no less than 14 × 17 inches and no more than 16 × 17 inches) or digital radiography systems. A chest X-ray must be performed on the initial examination and every three years thereafter. The chest X-ray must be interpreted and classified according to the International Labour Office (ILO) International Classification of Radiographs of Pneumoconioses by a NIOSH-certified B Reader. Chest radiography is necessary to diagnose silicosis, monitor the progression of silicosis, and identify associated conditions such as TB. If the B reading indicates small opacities in a profusion of 1/0 or higher, the employee is to receive a recommendation for referral to a Board Certified Specialist in Pulmonary Disease or Occupational Medicine.
2.5.2. Additional guidance and recommendations: Medical imaging has largely transitioned from conventional film-based radiography to digital radiography systems. The ILO Guidelines for the Classification of Pneumoconioses has historically provided film-based chest radiography as a referent standard for comparison to individual exams. However, in 2011, the ILO revised the guidelines to include a digital set of referent standards that were derived from the prior film-based standards. To assist in assuring that digitally-acquired radiographs are at least as safe and effective as film radiographs, NIOSH has prepared guidelines, based upon accepted contemporary professional recommendations (See Section 5 of this Appendix). Current research from Laney et al. 2011 and Halldin et al. 2014 validate the use of the ILO digital referent images. Both studies conclude that the results of pneumoconiosis classification using digital references are comparable to film-based ILO classifications. Current ILO guidance on radiography for pneumoconioses and Breading should be reviewed by the PLHCP periodically, as needed, on the ILO or NIOSH Web sites (See Section 5 of this Appendix).
2.6. Other Testing. Under the respirable crystalline silica standards, the PLHCP has the option of ordering additional testing he or she deems appropriate. Additional tests can be ordered on a case-by-case basis depending on individual signs or symptoms and clinical judgment. For example, if an employee reports a history of abnormal kidney function tests, the PLHCP may want to order a baseline renal function tests (e.g. , serum creatinine and urinalysis). As indicated above, the PLHCP may order annual TB testing for silica-exposed employees who are at high risk of developing active TB infections. Additional tests that PLHCPs may order based on findings of medical examinations include, but is not limited to, chest computerized tomography (CT) scan for lung cancer or COPD, testing for immunologic
§1532.3 Appendix B
Subchapter 4. Construction Safety Orders
diseases, and cardiac testing for pulmonary-related heart disease, such as cor pulmonale.
3. Roles and Responsibilities
3.1. PLHCP. The PLHCP designation refers to "an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows him or her to independently provide or be delegated the responsibility to provide some or all of the particular health care services required" by the respirable crystalline silica standard. The legally permitted scope of practice for the PLHCP is determined by each State. PLHCPs who perform clinical services for a silica medical surveillance program should have a thorough knowledge of respirable crystalline silicarelated diseases and symptoms. Suspected cases of silicosis, advanced COPD, or other respiratory conditions causing impairment should be promptly referred to a Board Certified Specialist in Pulmonary Disease or Occupational Medicine. Once the medical surveillance examination is completed, the employer must ensure that the PLHCP explains to the employee the results of the medical examination and provides the employee with a written medical report within 30 days of the examination. The written medical report must contain a statement indicating the results of the medical examination, including any medical condition(s) that would place the employee at increased risk of material impairment to health from exposure to respirable crystalline silica and any medical conditions that require further evaluation or treatment. In addition, the PLHCP's written medical report must include any recommended limitations on the employee's use of respirators, any recommended limitations on the employee's exposure to respirable crystalline silica, and a statement that the employee should be examined by a Board Certified Specialist in Pulmonary Disease or Occupational medicine if the chest X-ray is classified as 1/0 or higher by the B Reader, or if referral to a Specialist is otherwise deemed appropriate by the PLHCP.
The PLHCP should discuss all findings and test results and any recommendations regarding the employee's health, worksite safety and health practices, and medical referrals for further evaluation, if indicated. In addition, it is suggested that the PLHCP offer to provide the employee with a complete copy of their examination and test results, as some employees may want this information for their own records or to provide to their personal physician or a future PLHCP. Employees are entitled to access their medical records.
Under the respirable crystalline silica standard, the employer must ensure that the PLHCP provides the employer with a written medical opinion within 30 days of the employee examination, and that the employee also gets a copy of the written medical opinion for the employer within 30 days. The PLHCP may choose to directly provide the employee a copy of the written medical opinion. This can be particularly helpful to employees, such as construction employees, who may change employers frequently. The written medical opinion can be used by the employee as proof of up-to-date medical surveillance. The following lists the elements of the written medical report for the employee and written medical opinion for the employer. (Sample forms for the written medical report for the employee, the written medical opinion for the employer, and the written authorization are provided in Section 7 of this Appendix.)
3.1.1. The written medical report for the employee must include the following information:
3.1.1.1. A statement indicating the results of the medical examination, including any medical condition(s) that would place the employee at increased risk of material impairment to health from exposure to respirable crystalline silica and any medical conditions that require further evaluation or treatment;
3.1.1.2. Any recommended limitations upon the employee's use of a respirator;
3.1.1.3. Any recommended limitations on the employee's exposure to respirable crystalline silica; and
3.1.1.4. A statement that the employee should be examined by a Board Certified Specialist in Pulmonary Disease or Occupational Medicine, where the standard requires or where the PLHCP has determined such a referral is necessary. The standard requires referral to a Board Certified Specialist in Pulmonary Disease or Occupational Medicine for a chest X-ray B reading indicating small opacities in a profusion of 1/0 or higher, or if the PHLCP determines that referral to a Specialist is necessary for other silica-related findings.
3.1.2. The PLHCP's written medical opinion for the employer must include only the following information:
3.1.2.1. The date of the examination;
3.1.2.2. A statement that the examination has met the requirements of this section; and
3.1.2.3. Any recommended limitations on the employee's use of respirators.
3.1.2.4. If the employee provides the PLHCP with written authorization, the written opinion for the employer shall also contain either or both of the following:
(1) Any recommended limitations on the employee's exposure to respirable crystalline silica; and
(2) A statement that the employee should be examined by a Board Certified Specialist in Pulmonary Disease or Occupational Medicine if the chest X-ray provided in accordance with this section is classified as 1/0 or higher by the B Reader, or if referral to a Specialist is otherwise deemed appropriate.
3.1.2.5. In addition to the above referral for abnormal chest X-ray, the PLHCP may refer an employee to a Board Certified Specialist in Pulmonary Disease or Occupational Medicine for other findings of concern during the medical surveillance examination if these findings are potentially related to silica exposure.
3.1.2.6. Although the respirable crystalline silica standard requires the employer to ensure that the PLHCP explains the results of the medical examination to the employee, the standard does not mandate how this should be done. The written medical opinion for the employer could contain a statement that the PLHCP has explained the results of the medical examination to the employee.
3.2. Medical Specialists. The silica standard requires that all employees with chest X-ray B readings of 1/0 or higher be referred to a Board Certified Specialist in Pulmonary Disease or Occupational Medicine. If the employee has given written authorization for the employer to be informed, then the employer shall make available a medical examination by a Specialist within 30 days after receiving the PLHCP's written medical opinion.
3.2.1. The employer must provide the following information to the Board Certified Specialist in Pulmonary Disease or Occupational Medicine:
3.2.1.1. A description of the employee's former, current, and anticipated duties as they relate to the employee's occupational exposure to respirable crystalline silica;
3.2.1.2. The employee's former, current, and anticipated levels of occupational exposure to respirable crystalline silica;
3.2.1.3. A description of any personal protective equipment used or to be used by the employee, including when and for how long the employee has used or will use that equipment; and
3.2.1.4. Information from records of employment-related medical examinations previously provided to the employee and currently within the control of the employer.
3.2.2. The PLHCP should make certain that, with written authorization from the employee, the Board Certified Specialist in Pulmonary Disease or Occupational Medicine has any other pertinent medical and occupational information necessary for the specialist's evaluation of the employee's condition.
3.2.3. Once the Board Certified Specialist in Pulmonary Disease or Occupational Medicine has evaluated the employee, the employer must ensure that the Specialist explains to the employee the results of the medical examination and provides the employee with a written medical report within 30 days of the examination. The employer must also ensure that the Specialist provides the employer with a written medical opinion within 30 days of the employee examination. (Sample forms for the written medical report for the employee, the written medical opinion for the employer and the written authorization are provided in Section 7 of this Appendix.)
3.2.4. The Specialist's written medical report for the employee must include the following information:
3.2.4.1. A statement indicating the results of the medical examination, including any medical condition(s) that would place the employee at increased risk of material impairment to health from exposure to respirable crystalline silica and any medical conditions that require further evaluation or treatment;
3.2.4.2. Any recommended limitations upon the employee's use of a respirator; and
3.2.4.3. Any recommended limitations on the employee's exposure to respirable crystalline silica.
3.2.5. The Specialist's written medical opinion for the employer must include the following information:
3.2.5.1. The date of the examination; and
3.2.5.2. Any recommended limitations on the employee's use of respirators.
3.2.5.3. If the employee provides the Board Certified Specialist in Pulmonary Disease or Occupational Medicine with written authorization, the written medical opinion for the employer shall also contain any recommended limitations on the employee's exposure to respirable crystalline silica.
3.2.5.4. Although the respirable crystalline silica standard requires the employer to ensure that the Board Certified Specialist in Pulmonary Disease or Occupational Medicine explains the results of the medical examination to the employee, the standard does not mandate how this should be done. The written medical opinion for the employer could contain a statement that the Specialist has explained the results of the medical examination to the employee.
3.2.6. After evaluating the employee, the Board Certified Specialist in Pulmonary Disease or Occupational Medicine should provide feedback to the PLHCP as appropriate, depending on the reason for the referral. OSHA believes that because the PLHCP has the primary relationship with the employer and employee, the Specialist may want to communicate his or her findings to the PLHCP and have the PLHCP simply update the original medical report for the employee and medical opinion for the employer. This is permitted under the standard, so long as all requirements and time deadlines are met.
3.3. Public Health Professionals. PLHCPs might refer employees or consult with public health professionals as a result of silica medical surveillance. For instance, if individual cases of active TB are identified, public health professionals from state or local health departments may assist in diagnosis and treatment of individual cases and may evaluate other potentially affected persons, including coworkers. Because silica-exposed employees are at increased risk of progression from latent to active TB, treatment of latent infection is recommended. The diagnosis of active TB, acute or accelerated silicosis, or other silicarelated diseases and infections should serve as sentinel events suggesting high levels of exposure to silica and may require consultation with the appropriate public health agencies to investigate potentially similarly exposed coworkers to assess for disease clusters. These agencies include local or state health departments or OSHA. In addition, NIOSH can provide assistance upon request through their Health Hazard Evaluation program. (See Section 5 of this Appendix)
4. Confidentiality and Other Considerations
The information that is provided from the PLHCP to the employee and employer under the medical surveillance section of OSHA's respirable crystalline silica standard differs from that of medical surveillance requirements in previous OSHA standards. The standard requires two separate written communications, a written medical report for the employee and a written medical opinion for the employer. The confidentiality requirements for the written medical opinion are more stringent than in past standards. For example, the information the PLHCP can (and must) include in his or her written medical opinion for the employer is limited to: The date of the examination, a statement that the examination has met the requirements of this section, and any recommended limitations on the employee's use of respirators. If the employee provides written authorization for the disclosure of any limitations on the employee's exposure to respirable crystalline silica, then the PLHCP can (and must) include that information in the written medical opinion for the employer as well. Likewise, with the employee's written authorization, the PLHCP can (and must) disclose the PLHCP's referral recommendation (if any) as part of the written medical opinion for the employer. However, the opinion to the employer must not include information regarding recommended limitations on the employee's exposure to respirable crystalline silica or any referral recommendations without the employee's written authorization.
The standard also places limitations on the information that the Board Certified Specialist in Pulmonary Disease or Occupational Medicine can provide to the employer without the employee's written authorization. The Specialist's written medical opinion for the employer, like the PLHCP's opinion, is limited to (and must contain): The date of the examination and any recommended limitations on the employee's use of respirators. If the employee provides written authorization, the written medical opinion can (and must) also contain any limitations on the employee's exposure to respirable crystalline silica.
The PLHCP should discuss the implication of signing or not signing the authorization with the employee (in a manner and language that he or she understands) so that the employee can make an informed decision regarding the written authorization and its consequences. The discussion should include the risk of ongoing silica
exposure, personal risk factors, risk of disease progression, and possible health and economic consequences. For instance, written authorization is required for a PLHCP to advise an employer that an employee should be referred to a Board Certified Specialist in Pulmonary Disease or Occupational Medicine for evaluation of an abnormal chest X-ray (B-reading 1/0 or greater). If an employee does not sign an authorization, then the employer will not know and cannot facilitate the referral to a Specialist and is not required to pay for the Specialist's examination. In the rare case where an employee is diagnosed with acute or accelerated silicosis, co-workers are likely to be at significant risk of developing those diseases as a result of inadequate controls in the workplace. In this case, the PLHCP and/or Specialist should explain this concern to the affected employee and make a determined effort to obtain written authorization from the employee so that the PLHCP and/or Specialist can contact the employer.
Finally, without written authorization from the employee, the PLHCP and/or Board Certified Specialist in Pulmonary Disease or Occupational Medicine cannot provide feedback to an employer regarding control of workplace silica exposure, at least in relation to an individual employee. However, the regulation does not prohibit a PLHCP and/or Specialist from providing an employer with general recommendations regarding exposure controls and prevention programs in relation to silica exposure and silica-related illnesses, based on the information that the PLHCP receives from the employer such as employees' duties and exposure levels. Recommendations may include increased frequency of medical surveillance examinations, additional medical surveillance components, engineering and work practice controls, exposure monitoring and personal protective equipment. For instance, more frequent medical surveillance examinations may be a recommendation to employers for employees who do abrasive blasting with silica because of the high exposures associated with that operation.
ACOEM's Code of Ethics and discussion is a good resource to guide PLHCPs regarding the issues discussed in this section (See Section 5 of this Appendix).
5. Resources
5.1. American College of Occupational and Environmental Medicine (ACOEM): ACOEM Code of Ethics. Accessed at: http://www.acoem.org/ codeofconduct.aspx
Raymond, L.W. and Wintermeyer, S. (2006) ACOEM evidenced-based statement on medical surveillance of silicaexposed workers: Medical surveillance of workers exposed to crystalline silica. J Occup Environ Med, 48, 95-101.
5.2. Center for Disease Control and Prevention (CDC) Tuberculosis Web page: http://www.cdc.gov/tb/default.htm
Tuberculosis Laws and Policies Web page: http://www.cdc.gov/ tb/programs/laws/default.htm
CDC. (2013). State TB Control Offices Web page: http:// www.cdc.gov/tb/links/tboffices.htm
Latent Tuberculosis Infection: A Guide for Primary Health Care Providers. Accessed at: http://www.cdc.gov/tb/publications/ltbi/ pdf/targetedltbi.pdf
5.3. International Labour Organization International Labour Office (ILO). (2011) Guidelines for the use of the ILO International Classification of Radiographs of Pneumoconioses, Revised edition 2011. Occupational Safety and Health Series No. 22: http://www.ilo.org/safework/info/publications/WCMS_168260/lang- en/index.htm
5.4. National Institute of Occupational Safety and Health (NIOSH)
NIOSH B Reader Program Web page. (Information on interpretation of X-rays for silicosis and a list of certified B-readers). Accessed at: http://www.cdc.gov/niosh/topics/chestradiography/breader-info.html
NIOSH Guideline (2011). Application of Digital Radiography for the Detection and Classification of Pneumoconiosis. NIOSH publication number 2011-198. Accessed at: http://www.cdc.gov/ niosh/docs/2011-198/.
NIOSH Hazard Review (2002), Health Effects of Occupational Exposure to Respirable Crystalline Silica. NIOSH publication number 2002-129: Accessed at http://www.cdc.gov/niosh/docs/ 2002-129/
NIOSH Health Hazard Evaluations Programs. (Information on the NIOSH Health Hazard Evaluation (HHE) program, how to request an HHE and how to look up an HHE report). Accessed at: http://www.cdc.gov/niosh/hhe/
5.5. National Industrial Sand Association:
Occupational Health Program for Exposure to Crystalline Silica in the Industrial Sand Industry. National Industrial Sand Association, 2nd ed. 2010. Can be ordered at: http://www.sand.org/silica-occupational-health-program
5.6. Occupational Safety and Health Administration (OSHA) Contacting OSHA: http://www.osha.gov/html/Feed_Back.html
§1532.3 Appendix B
Subchapter 4. Construction Safety Orders
OSHA's Clinicians Web page. (OSHA resources, regulations and links to help clinicians navigate OSHA's Web site and aid clinicians in caring for workers.) Accessed at: http:// www.osha.gov/dts/oom/clinicians/index.html
OSHA's Safety and Health Topics Web page on Silica. Accessed at: http://www.osha.gov/dsg/topics/silicacrystalline/ index.html
OSHA (2013). Spirometry Testing in Occupational Health Programs: Best Practices for Healthcare Professionals. (OSHA 3637-03 2013). Accessed at: http://www.osha.gov/Publications/OSHA3637.pdf
OSHA/NIOSH (2011). Spirometry: OSHA/NIOSH Spirometry InfoSheet (OSHA 3415-1-11). (Provides guidance to employers). Accessed at http://www.osha.gov/Publications/ osha3415.pdf
OSHA/NIOSH (2011) Spirometry: OSHA/NIOSH Spirometry Worker Info. (OSHA 3418-3-11). Accessed at http:// www.osha.gov/Publications/osha3418.pdf
5.7. Other
Steenland, K. and Ward E. (2014). Silica: A lung carcinogen. CA Cancer J Clin, 64, 63-69. (This article reviews not only silica and lung cancer but also all the known silica-related health effects. Further, the authors provide guidance to clinicians on medical surveillance of silica-exposed workers and worker counselling on safety practices to minimize silica exposure.)
6. References
American Thoracic Society (ATS). Medical Section of the American Lung Association (1997). Adverse effects of crystalline silica exposure. Am J Respir Crit Care Med, 155, 761-765.
American Thoracic Society (ATS), Centers for Disease Control (CDC), Infectious Diseases Society of America (IDSA) (2005). Controlling Tuberculosis in the United States. Morbidity and Mortality Weekly Report (MMWR), 54(RR12), 1-81. Accessed at: http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5412a1.htm.
Brown, T. (2009). Silica exposure, smoking, silicosis and lung cancer-complex interactions. Occupational Medicine, 59, 89-95.
Halldin, C.N., Petsonk, E.L., and Laney, A.S. (2014). Validation of the International Labour Office digitized standard images for recognition and classification of radiographs of pneumoconiosis. Acad Radiol, 21, 305-311.
International Agency for Research on Cancer. (2012). Monographs on the evaluation of carcinogenic risks to humans: Arsenic, Metals, Fibers, and Dusts Silica Dust, Crystalline, in the Form of Quartz or Cristobalite. A Review of Human Carcinogens. Volume 100 C. Geneva, Switzerland: World Health Organization.
Jalloul, A.S. and Banks D.E. (2007). Chapter 23. The health effects of silica exposure. In: Rom, W.N. and Markowitz, S.B. (Eds). Environmental and Occupational Medicine, 4th edition. Lippincott, Williams and Wilkins, Philadelphia, 365-387.
Kramer, M.R., Blanc, P.D., Fireman, E., Amital, A., Guber, A., Rahman, N.A., and Shitrit, D. (2012). Artifical stone silicosis: Disease resurgence among artificial stone workers. Chest, 142, 419-424.
Laney, A.S., Petsonk, E.L., and Attfield, M.D. (2011). Intramodality and intermodality comparisons of storage phosphor computed radiography and conventional film-screen radiography in the recognition of small pneumonconiotic opacities. Chest, 140, 1574-1580.
Liu, Y., Steenland, K., Rong, Y., Hnizdo, E., Huang, X., Zhang, H., Shi, T., Sun, Y., Wu, T., and Chen, W. (2013). Exposureresponse analysis and risk assessment for lung cancer in relationship to silica exposure: A 44-year cohort study of 34,018 workers. Am J Epi, 178, 1424-1433.
Liu, Y., Rong, Y., Steenland, K., Christiani, D.C., Huang, X., Wu, T., and Chen, W. (2014). Long-term exposure to crystalline silica and risk of heart disease mortality. Epidemiology, 25, 689-696.
Mazurek, G.H., Jereb, J., Vernon, A., LoBue, P., Goldberg, S., Castro, K. (2010). Updated guidelines for using interferon gamma release assays to detect Mycobacterium tuberculosis infection-United States. Morbidity and Mortality Weekly Report (MMWR), 59(RR05), 1-25.
Miller, M.R., Hankinson, J., Brusasco, V., Burgos, F., Casaburi, R., Coates, A., Crapo, R., Enright, P., van der Grinten, C.P., Gustafsson, P., Jensen, R., Johnson, D.C., MacIntyre, N., McKay, R., Navajas, D., Pedersen, O.F., Pellegrino, R., Viegi, G., and Wanger, J. (2005).
American Thoracic Society/European Respiratory Society (ATS/ ERS) Task Force: Standardisation of Spirometry. Eur Respir J, 26, 319-338.
National Toxicology Program (NTP) (2014). Report on Carcinogens, Thirteenth Edition. Silica, Crystalline (respirable Size). Research Triangle Park, NC: U.S. Department of Health and Human Services, Public Health Service. http://ntp.niehs.nih.gov/ ntp/roc/content/profiles/silica.pdf.
Occupational Safety and Health Administration/National Institute for Occupational Safety and Health (OSHA/NIOSH) (2012). Hazard Alert. Worker exposure to silica during hydraulic fracturing.
Occupational Safety and Health Administration/National Institute for Occupational Safety and Health (OSHA/NIOSH) (2015). Hazard alert. Worker exposure to silica during countertop manufacturing, finishing, and installation. (OSHA-HA-3768-2015).
Redlich, C.A., Tarlo, S.M., Hankinson, J.L., Townsend, M.C, Eschenbacher, W.L., Von Essen, S.G., Sigsgaard, T., Weissman, D.N. (2014). Official American Thoracic Society technical standards: Spirometry in the occupational setting. Am J Respir Crit Care Med; 189, 984-994.
Rees, D. and Murray, J. (2007). Silica, silicosis and tuberculosis. Int J Tuberc Lung Dis, 11(5), 474-484.
Shtraichman, O., Blanc, P.D., Ollech, J.E., Fridel, L., Fuks, L., Fireman, E., and Kramer, M.R. (2015). Outbreak of autoimmune disease in silicosis linked to artificial stone. Occup Med, 65, 444450.
Slater, M.L., Welland, G., Pai, M., Parsonnet, J., and Banaei, N. (2013). Challenges with QuantiFERON-TB gold assay for largescale, routine screening of U.S. healthcare workers. Am J Respir Crit Care Med, 188, 1005-1010.
Steenland, K., Mannetje, A., Boffetta, P., Stayner, L., Attfield, M., Chen, J., Dosemeci, M., DeKlerk, N., Hnizdo, E., Koskela, R., and Checkoway, H. (2001). International Agency for Research on Cancer. Pooled exposure-response analyses and risk assessment for lung cancer in 10 cohorts of silica-exposed workers: An IARC multicentre study. Cancer Causes Control, 12(9):773-84.
Steenland, K. and Ward E. (2014). Silica: A lung carcinogen. CA Cancer J Clin, 64, 63-69.
Townsend, M.C. ACOEM Guidance Statement. (2011). Spirometry in the occupational health setting-2011 Update. J Occup Environ Med, 53, 569-584.
7. Sample Forms
Three sample forms are provided. The first is a sample written medical report for the employee. The second is a sample written medical opinion for the employer. And the third is a sample written authorization form that employees sign to clarify what information the employee is authorizing to be released to the employer.
I hereby authorize the opinion to the employer to contain the following information, if relevant (Please check all that apply):
Recommendations for limitations on crystalline silica exposure
Recommendation for a specialist examination
OR I do not authorize the opinion to the employer to contain anything other than recommended limitations on respirator use.
I understand that if I do not authorize my employer to receive the recommendation for specialist examination. The employer will not be responsible for arranging and covering costs of a specialist examination.
§1533 Internal Combustion Engines
(a) Internal combustion engine-driven equipment shall be operated inside buildings or enclosed structures, or, if they are 20 feet or less in depth, inside shafts, culverts, and pipelines, only when such operation does not result in exposure to dangerous gases or fumes in concentrations above the maximum acceptable limits listed in Section 5155 of the General Industry Safety Orders. Some acceptable methods of control are: [§1533(a)]
(1) Piping exhaust gases to the outside atmosphere. [§1533(a)(1)]
(2) Providing a system of building ventilation that dilutes and removes exhaust products to outside atmosphere. [§1533(a)(2)]
(3) Installing effective, catalyst-type exhaust treatment units on the engines. [§1533(a)(3)]
(b) When internal combustion engine-driven equipment is operated in shafts that are 20 feet or less in depth into which employees enter, culverts into which employees enter, or pipelines into which employees enter and when a hazardous atmosphere exists or could be reasonably expected to exist, a mechanical ventilation system shall be provided to prevent exposure to internal combustion engine emissions. The ventilation system, which may consist of a mechanical exhaust system, a forced air ventilation (blower) system or a combination of the two, shall: [§1533(b)]
(1) Supply fresh air at a minimum of 60 lineal feet per minute through the area where the engine is operated; [§1533(b)(1)]
(2) Supply at least 100 cubic feet of fresh air per minute per engine brake horsepower of the internal combustion engine used; [§1533(b)(2)]
(3) Supply a minimum of 200 cubic feet of fresh air per minute for each person that enters the space, and [§1533(b)(3)]
(4) Be inspected by a competent person at the beginning of each shift, or more frequently, to ensure an effective supply of fresh air. [§1533(b)(4)]
(c) When internal combustion engine-driven equipment is operated in excavations that are greater than 4 feet in depth into which employees enter, and a hazardous atmosphere exists or could be reasonably expected to exist, employees shall be protected in accordance with the requirements of Section 1541(g). [§1533(c)]
(d) If any work location subject to subsection (b) is subject to confined space safety orders contained in these orders, the General Industry Safety Orders or other Title 8 safety orders, and if the provisions of subsection (b) are less protective than a confined space safety order, the confined space safety order shall take precedence. [§1533(d)]
NOTE: For shafts greater than 20 feet in depth and excavations subject to the Tunnel Safety Orders, refer to Title 8, Division 1, Chapter 4, Subchapter 20, the Tunnel Safety Orders.
§1534 Flammable Vapors
(a) Flammable vapors shall be controlled so as to avoid hazard to workers. [§1534(a)]
(b) No source of ignition such as smoking, gas pilot lights, or operating electrical equipment, other than explosion-proof or equivalent, shall be allowed in a room or building when hazardous concentrations of flammable vapors are present. [§1534(b)]
§1535 Methylenedianiline
(a) Scope and application. [§1535(a)]
(1) This section applies to all construction work in which there is exposure to MDA, including but not limited to the following:
[§1535(a)(1)]
(A) Construction, alteration, repair, maintenance, or renovation of structures, substrates, or portions thereof, that contain MDA; [§1535(a)(1)(A)]
(B) Installation or the finishing of surfaces with products containing MDA; [§1535(a)(1)(B)]
(C) MDA spill/emergency cleanup at construction sites; and [§1535(a)(1)(C)]
(D) Transportation, disposal, storage, or containment of MDA or products containing MDA on the site or location at which construction activities are performed. [§1535(a)(1)(D)]
(2) Except as provided in subsections (a)(7) and (f)(5), this section does not apply to the processing, use, and handling of products containing MDA where initial monitoring indicates that the product is not capable of releasing MDA in excess of the action level under the expected conditions of processing, use, and handling which will cause the greatest possible release; and where no "dermal exposure to MDA" can occur.
[§1535(a)(2)]
(3) Except as provided in subsection (a)(7), this section does not apply to the processing, use, and handling of products containing MDA where objective data are reasonably relied upon which demonstrate the product is not capable of releasing MDA under the expected conditions of processing, use, and handling which will cause the greatest possible release; and where no "dermal exposure to MDA" can occur. [§1535(a)(3)]
(4) Except as provided in subsection (a)(7), this section does not apply to the storage, transportation, distribution or sale of MDA in intact containers sealed in such a manner as to contain the MDA dusts, vapors, or liquids, except for the provisions of Section 5194 and subsection (e). [§1535(a)(4)]
(5) Except as provided in subsection (a)(7), this section does not apply to materials in any form which contain less than 0.1% MDA by weight or volume. [§1535(a)(5)]
(6) Except as provided in subsection (a)(7), this section does not apply to "finished articles containing MDA." [§1535(a)(6)]
(7) Where products containing MDA are exempted under subsections (a)(2) through (a)(6), the employer shall maintain records of the initial monitoring results or objective data supporting that exemption and the basis for the employer's reliance on the data, as provided in the recordkeeping provision of subsection (o). [§1535(a)(7)]
(b) Definitions. For the purpose of this section, the following definitions shall apply: [§1535(b)]
Action level means a concentration of airborne MDA of 5 ppb as an eight (8)-hour time-weighted average.
§1535
Subchapter 4. Construction Safety Orders
Authorized person means any person specifically authorized by the employer whose duties require the person to enter a regulated area, or any person entering such an area as a designated representative of employees for the purpose of exercising the right to observe monitoring and measuring procedures under subsection (p), or any other person authorized by the Act or regulations issued under the Act.
Chief means the Chief of the Division of Occupational Safety and Health, or designee.
Container means any barrel, bottle, can, cylinder, drum, reaction vessel, storage tank, commercial packaging or the like, but does not include piping systems.
Decontamination area means an area outside of but as near as practical to the regulated area, consisting of an equipment storage area, wash area, and clean change area, which is used for the decontamination of workers, materials, and equipment contaminated with MDA.
Dermal exposure to MDA occurs where employees are engaged in the handling, application or use of mixtures or materials containing MDA, with any of the following non-airborne forms of MDA:
(A) Liquid, powdered, granular, or flaked mixtures containing MDA in concentrations greater than 0.1% by weight or volume; and
(B) Materials other than "finished articles" containing MDA in concentrations greater than 0.1% by weight or volume.
Emergency means any occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which results in an unexpected and potentially hazardous release of MDA.
Employee exposure means exposure to MDA which would occur if the employee were not using respirators or protective work clothing and equipment.
Finished article containing MDA is defined as a manufactured item:
(A) Which is formed to a specific shape or design during manufacture;
(B) Which has end use function(s) dependent in whole or part upon its shape or design during end use; and
(C) Where applicable, is an item which is fully cured by virtue of having been subjected to the conditions (temperature and time) necessary to complete the desired chemical reaction.
Historical monitoring data means monitoring data for construction jobs that meet the following conditions:
(A) The data upon which judgments are based are scientifically sound and were collected using methods that are sufficiently accurate and precise;
(B) The processes and work practices that were in use when the historical monitoring data were obtained are essentially the same as those to be used during the job for which initial monitoring will not be performed;
(C) The characteristics of the MDA-containing material being handled when the historical monitoring data were obtained are the same as those on the job for which initial monitoring will not be performed;
(D) Environmental conditions prevailing when the historical monitoring data were obtained are the same as those on the job for which initial monitoring will not be performed; and
(E) Other data relevant to the operations, materials, processing, or employee exposures covered by the exception are substantially similar. The data must be scientifically sound, the characteristics of the MDA containing material must be similar and the environmental conditions comparable.
4,4' Methylenedianiline or MDA means the chemical, 4,4'-diaminodiphenylmethane, Chemical Abstract Service Registry number 101-77-9 in the form of a vapor, liquid, or solid. The definition also includes the salts of MDA.
NIOSH means the director of the National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee.
Regulated areas means areas where airborne concentrations of MDA exceed or can reasonably be expected to exceed, the permissible exposure limits, or where "dermal exposure to MDA" can occur.
STEL means short term exposure limit as determined by any 15minute sample period.
(c) Permissible exposure limits. The employer shall assure that no employee is exposed to an airborne concentration of MDA in excess of ten parts per billion (10 ppb) as an 8-hour time-weighted average and a STEL of one hundred parts per billion (100 ppb).
[§1535(c)]
(d) Communication among employers. On multi-employer worksites, an employer performing work involving the application of MDA or materials containing MDA for which establishment of one or
more regulated areas is required shall inform other employers on the site of the nature of the employer's work with MDA and of the existence of, and requirements pertaining to, regulated areas.
[§1535(d)]
(e) Emergency situations. [§1535(e)]
(1) Written plan. [§1535(e)(1)]
(A) A written plan for emergency situations shall be developed for each construction operation where there is a possibility of an emergency. The plan shall include procedures where the employer identifies emergency escape routes for his employees at each construction site before the construction operation begins. Appropriate portions of the plan shall be implemented in the event of an emergency.
[§1535(e)(1)(A)]
(B) The plan shall specifically provide that employees engaged in correcting emergency conditions shall be equipped with the appropriate personal protective equipment and clothing as required in subsections (i) and (j) until the emergency is abated. [§1535(e)(1)(B)]
(C) The plan shall specifically include provisions for alerting and evacuating affected employees as well as the applicable elements prescribed in Section 3220. [§1535(e)(1)(C)]
(2) Alerting employees. Where there is the possibility of employee exposure to MDA due to an emergency means shall be developed to promptly alert employees who have the potential to be directly exposed. Affected employees not engaged in correcting emergency conditions shall be evacuated immediately in the event that an emergency occurs. Means shall also be developed for alerting other employees who may be exposed as a result of the emergency. [§1535(e)(2)]
(f) Exposure monitoring. [§1535(f)]
(1) General. [§1535(f)(1)]
(A) Determinations of employee exposure shall be made from breathing zone air samples that are representative of each employee's exposure to airborne MDA over an eight (8) hour period. Determination of employee exposure to the STEL shall be made from breathing zone air samples collected over a 15 minute sampling period. [§1535(f)(1)(A)]
(B) Representative employee exposure shall be determined on the basis of one or more samples representing full shift exposure for each shift for each job classification in each work area where exposure to MDA may occur. [§1535(f)(1)(B)]
(C) Where the employer can document that exposure levels are equivalent for similar operations in different work shifts, the employer shall only be required to determine representative employee exposure for that operation during one shift. [§1535(f)(1)(C)]
(2) Initial-monitoring. Each employer who has a workplace or work operation covered by this standard shall perform initial monitoring to determine accurately the airborne concentrations of MDA to which employees may be exposed unless: [§1535(f)(2)]
(A) the employer can demonstrate, on the basis of objective data, that the MDA-containing product or material being handled cannot cause exposures above the standard's action level, even under worst-case release conditions; or [§1535(f)(2)(A)]
(B) the employer has historical monitoring or other data demonstrating that exposures on a particular job will be below the action level. [§1535(f)(2)(B)]
(3) Periodic monitoring and monitoring frequency. [§1535(f)(3)]
(A) If the monitoring required by subsection (f)(2) reveals employee exposure at or above the action level, but at or below the PELs, the employer shall repeat such monitoring for each such employee at least every six (6) months.
[§1535(f)(3)(A)]
(B) If the monitoring required by subsection(f)(2) reveals employee exposure above the PELs, the employer shall repeat such monitoring for each such employee at least every three (3) months.
[§1535(f)(3)(B)]
(C) Employers who are conducting MDA operations within a regulated area can forego periodic monitoring if the employees are all wearing supplied-air respirators while working in the regulated area. [§1535(f)(3)(C)]
(D) The employer may alter the monitoring schedule from every three months to every six months for any employee for whom two consecutive measurements taken at least 7 days apart indicate that the employee exposure has decreased to below the PELs but above the action level.
[§1535(f)(3)(D)]
(4) Termination of monitoring. [§1535(f)(4)]
(A) If the initial monitoring required by subsection (f)(2) reveals employee exposure to be below the action level, the
lost during the period of removal from a publicly or employerfunded compensation program, or receives income from another employer made possible by virtue of the employee's removal. [§1535.1(l)(4)]
(m) Communication of hazards. [§1535.1(m)]
(1) General. [§1535.1(m)(1)]
(A) Chemical manufacturers, importers, distributors, and employers must comply with all requirements of Section 5194 (HCS) for beryllium. [§1535.1(m)(1)(A)]
(B) Employers must include beryllium in the hazard communication program established to comply with the HCS. Employers must ensure that each employee has access to labels on containers of beryllium and to safety data sheets, and is trained in accordance with the requirements of Section 5194 (HCS) and subsection (m)(4). [§1535.1(m)(1)(B)]
(2) Warning labels. Consistent with Section 5194 (HCS), the employer must label each bag and container of clothing, equipment, and materials contaminated with beryllium, and must, at a minimum, include the following on the label: [§1535.1(m)(2)]
DANGER
CONTAINS BERYLLIUM
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AVOID CREATING DUST
DO NOT GET ON SKIN
(3) Employee information and training. [§1535.1(m)(3)]
(A) For each employee who has, or can reasonably be expected to have, airborne exposure to or dermal contact with beryllium: [§1535.1(m)(3)(A)]
1. The employer must provide information and training in accordance with Section 5194(h) (HCS); [§1535.1(m)(3)(A)1.]
2. The employer must provide initial training to each employee by the time of initial assignment; and [§1535.1(m)(3)(A)2.]
3. The employer must repeat the training required under this standard annually for each employee. [§1535.1(m)(3)(A)3.]
(B) The employer must ensure that each employee who is, or can reasonably be expected to be, exposed to airborne beryllium can demonstrate knowledge and understanding of the following: [§1535.1(m)(3)(B)]
1. The health hazards associated with airborne exposure to and dermal contact with beryllium, including the signs and symptoms of CBD; [§1535.1(m)(3)(B)1.]
2. The written exposure control plan, with emphasis on the specific nature of operations that could result in airborne exposure, especially airborne exposure above the TWA PEL or STEL; [§1535.1(m)(3)(B)2.]
3. The purpose, proper selection, fitting, proper use, and limitations of personal protective clothing and equipment, including respirators; [§1535.1(m)(3)(B)3.]
4. Applicable emergency procedures; [§1535.1(m)(3)(B)4.]
5. Measures employees can take to protect themselves from airborne exposure to and dermal contact with beryllium, including personal hygiene practices; [§1535.1(m)(3)(B)5.]
6. The purpose and a description of the medical surveillance program required by subsection (k) including risks and benefits of each test to be offered; [§1535.1(m)(3)(B)6.]
7. The purpose and a description of the medical removal protection provided under subsection (l); [§1535.1(m)(3)(B)7.]
8. The contents of the standard; and [§1535.1(m)(3)(B)8.]
9. The employee's right of access to records under Section 3204 (Access to Employee Exposure and Medical Records). [§1535.1(m)(3)(B)9.]
(C) When a workplace change (such as modification of equipment, tasks, or procedures) results in new or increased airborne exposure that exceeds, or can reasonably be expected to exceed, either the TWA PEL or the STEL, the employer must provide additional training to those employees affected by the change in airborne exposure. [§1535.1(m)(3)(C)]
(D) Employee information. The employer must make a copy of this standard and its appendices readily available at no cost to each employee and designated employee representative(s). [§1535.1(m)(3)(D)]
(n) Recordkeeping. [§1535.1(n)]
(1) Air monitoring data. [§1535.1(n)(1)]
(A) The employer must make and maintain a record of all exposure measurements taken to assess airborne exposure as prescribed in subsection (d). [§1535.1(n)(1)(A)]
(B) This record must include at least the following information: [§1535.1(n)(1)(B)]
1. The date of measurement for each sample taken; [§1535.1(n)(1)(B)1.]
2. The task that is being monitored; [§1535.1(n)(1)(B)2.]
3. The sampling and analytical methods used and evidence of their accuracy; [§1535.1(n)(1)(B)3.]
4. The number, duration, and results of samples taken; [§1535.1(n)(1)(B)4.]
5. The type of personal protective clothing and equipment, including respirators, worn by monitored employees at the time of monitoring; and [§1535.1(n)(1)(B)5.]
6. The name, social security number, and job classification of each employee represented by the monitoring, indicating which employees were actually monitored. [§1535.1(n)(1)(B)6.]
(C) The employer must ensure that exposure records are maintained and made available in accordance with Section 3204 (Access to Employee Exposure and Medical Records). [§1535.1(n)(1)(C)]
(2) Objective data. [§1535.1(n)(2)]
(A) Where an employer uses objective data to satisfy the exposure assessment requirements under subsection (d)(2), the employer must make and maintain a record of the objective data relied upon. [§1535.1(n)(2)(A)]
(B) This record must include at least the following information: [§1535.1(n)(2)(B)]
1. The data relied upon; [§1535.1(n)(2)(B)1.]
2. The beryllium-containing material in question; [§1535.1(n)(2)(B)2.]
3. The source of the objective data; [§1535.1(n)(2)(B)3.]
4. A description of the process, task, or activity on which the objective data were based; and [§1535.1(n)(2)(B)4.]
5. Other data relevant to the process, task, activity, material, or airborne exposure on which the objective data were based. [§1535.1(n)(2)(B)5.]
(C) The employer must ensure that objective data are maintained and made available in accordance with Section 3204 (Access to Employee Exposure and Medical Records). [§1535.1(n)(2)(C)]
(3) Medical surveillance. [§1535.1(n)(3)]
(A) The employer must make and maintain a record for each employee covered by medical surveillance under subsection (k). [§1535.1(n)(3)(A)]
(B) The record must include the following information about each employee: [§1535.1(n)(3)(B)]
1. Name, social security number, and job classification; [§1535.1(n)(3)(B)1.]
2. A copy of all licensed physicians' written medical opinions for each employee; and [§1535.1(n)(3)(B)2.]
3. A copy of the information provided to the PLHCP as required by subsection (k)(4). [§1535.1(n)(3)(B)3.]
(C) The employer must ensure that medical records are maintained and made available in accordance with Section 3204 (Access to Employee Exposure and Medical Records). [§1535.1(n)(3)(C)]
(4) Training. [§1535.1(n)(4)]
(A) At the completion of any training required by this standard, the employer must prepare a record that indicates the name, social security number, and job classification of each employee trained, the date the training was completed, and the topic of the training. [§1535.1(n)(4)(A)]
(B) This record must be maintained for three years after the completion of training. [§1535.1(n)(4)(B)]
(5) Access to records. Upon request, the employer must make all records maintained as a requirement of this standard available for examination and copying to the Chief, the Director, each employee, and each employee's designated representative(s) in accordance with Section 3204 (Access to Employee Exposure and Medical Records). [§1535.1(n)(5)]
(6) Transfer of records. The employer must comply with the requirements involving transfer of records set forth in Section 3204 (Access to Employee Exposure and Medical Records).
[§1535.1(n)(6)]
§1536 Subchapter 4. Construction Safety Orders
(o) Dates. [§1535.1(o)]
(1) Effective date. This standard shall become effective December 1, 2017. [§1535.1(o)(1)]
(2) Compliance dates. All obligations of this standard commence and become enforceable on March 12, 2018, except: [§1535.1(o)(2)]
(A) Change rooms required by subsection (i) must be provided by March 11, 2019; and [§1535.1(o)(2)(A)]
§1536
(B) Engineering controls required by subsection (f) must be implemented by March 10, 2020. [§1535.1(o)(2)(B)]
Ventilation Requirements for Welding, Brazing, and Cutting
(a) Mechanical Ventilation for Indoor Operations. Local exhaust systems providing a minimum air velocity of 100 lineal feet per minute in the welding zone shall be used except as otherwise specified by this section. [§1536(a)]
(1) Where local exhaust ventilation is not feasible, mechanical dilution ventilation sufficient to prevent exposure to concentrations of airborne contaminants from exceeding those specified in Section 5155 shall be provided. [§1536(a)(1)]
(2) Respiratory protective equipment, in accordance with Section 1531, shall be used when the methods described in paragraphs (a) and (a)(1) above are not feasible. [§1536(a)(2)]
(b) Toxic Substances Used in Any Enclosed Space. [§1536(b)]
(1) Local exhaust ventilation shall be used when potentially hazardous materials are employed as base metals, fluxes, coatings, platings or filler metals. These include, but are not limited to, the following materials: [§1536(b)(1)]
(A) Beryllium [§1536(b)(1)(A)]
(B) Cadmium [§1536(b)(1)(B)]
(C) Chromium [§1536(b)(1)(C)]
(D) Fluorides [§1536(b)(1)(D)]
(E) Lead [§1536(b)(1)(E)]
(F) Mercury [§1536(b)(1)(F)]
(G) Zinc [§1536(b)(1)(G)]
(H) Inert-gas metal-arc welding or oxygen cutting of stainless steel [§1536(b)(1)(H)]
(2) When the nature of the work is such that local exhaust ventilation is not an effective means for preventing potentially hazardous exposure levels, as specified by Section 5155, supplied-air respirators shall be worn. [§1536(b)(2)]
(c) Toxic Substances Used in the Open Air. Where toxic substances such as those listed in paragraph (b)(1) are used, respiratory protective equipment, in accordance with Section 1531, shall be provided except as otherwise specified by this subsection. [§1536(c)]
(1) In operations involving beryllium-containing base or filler metals, only supplied-air respirators shall be used. [§1536(c)(1)]
(2) Except for operations involving beryllium, cadmium, lead, or mercury, respiratory protective equipment is not required when natural or mechanical ventilation is sufficient to remove welding fumes from the breathing zone of the workers. [§1536(c)(2)]
(d) Improper Use of Welding Gases. Compressed gases used for welding and cutting shall not be used for ventilation purposes, comfort cooling, blowing dust from clothing, or cleaning the work area. [§1536(d)]
(e) Chlorinated Hydrocarbons. Degreasing or other operations involving chlorinated hydrocarbons shall be located or controlled such that vapors from these operations will not enter the atmosphere surrounding any welding or cutting operations to prevent the degradation of such chlorinated hydrocarbon vapors to more highly toxic gases by the action of heat or ultraviolet radiation. [§1536(e)]
(f) Precautionary Labels. Hazardous materials used in welding and cutting shall bear precautionary labels as required by Section 5150 of the General Industry Safety Orders. [§1536(f)]
§1537 Welding, Cutting, and Heating of Coated Metals
(a) Before welding, cutting, or heating is commenced on any surface covered by a preservative coating of unknown flammability, a test shall be made by a qualified person to determine its flammability. [§1537(a)]
(b) Precautions shall be taken to prevent ignition of highly flammable hardened preservative coatings. When coatings are determined to be highly flammable, they shall be stripped from the area to be heated to prevent ignition. [§1537(b)]
(c) All surfaces covered with toxic preservatives, including coatings which generate toxic substances upon heating, shall be stripped for a distance of at least four inches from the area of heat application, or employees shall be required to use supplied-air respirators in accordance with Section 1531, or the provisions of Section 1536(b), (c) shall apply. [§1537(c)]
Article 5. Rock Drilling
§1538 Rock Drilling Operations
(a) When drilling holes in rock, or other dust-producing material, the dust shall be controlled within the maximum acceptable concentrations set forth in Section 5208 (asbestos) and Section 5155 (silica and silicates) of the General Industry Safety Orders. Respiratory protection may be acceptable; refer to Article 4, Sections 1530 and 1531. [§1538(a)]
(b) All power controlled air drilling shall be performed by use of water or chemical solutions for controlling dust, or other equivalent means. [§1538(b)]
(c) The ends and each joint of air hoses 1 inch inside diameter or larger shall be chained or secured, as necessary, to prevent whipping in the event of a disconnected hose unless a suitable ball check device or equivalent is provided at the air source. [§1538(c)]
(d) Air pipe lines shall be protected against accidental impact from vehicles and falling objects at points where breakage of lines would constitute a hazard to employees. [§1538(d)]
(e) Iron or steel hammers used for removing detachable bits shall be malleable or annealed, so that they will not readily chip or break while being used. [§1538(e)]
(f) Tugger and anchor lines shall be provided for securing drilling equipment on steep slopes. [§1538(f)]
(g) Workers shall be provided with, and required to use, personal fall protection as described in Article 24 for all scaling and drilling operations performed on steep slopes. A positive descent control device shall be used for all such applications. [§1538(g)]
Note: See Section 1565(i) for regulation on drilling and loading in the same area. See Section 1696 for requirement for portable compressors.
Article 6. Excavations
§1539 Permits
For regulations relating to Permits for excavations and trenches, refer to the California Code of Regulations Title 8, Chapter 3.2, Article 2, Section 341 of the California Occupational Safety and Health Regulations (Cal/OSHA).
§1540 Excavations
(a) Scope and application. This article applies to all open excavations made in the earth's surface. Excavations are defined to include trenches. [§1540(a)]
(b) Definitions applicable to this article. [§1540(b)]
Accepted engineering practices means those requirements which are compatible with standards of practice required by a registered professional engineer.
Aluminum hydraulic shoring. A pre-engineered shoring system comprised of aluminum hydraulic cylinders (crossbraces) used in conjunction with vertical rails (uprights) or horizontal rails (walers). Such system is designed specifically to support the sidewalls of an excavation and prevent cave-ins.
Bell-bottom pier hole. A type of shaft or footing excavation, the bottom of which is made larger than the cross section above to form a belled shape.
Benching (Benching system). A method of protecting employees from cave-ins by excavating the sides of an excavation to form one or a series of horizontal levels or steps, usually with vertical or near-vertical surfaces between levels.
Cave-in. The separation of a mass of soil or rock material from the side of an excavation, or the loss of soil from under a trench shield or support system, and its sudden movement into the excavation, either by falling or sliding, in sufficient quantity so that it could entrap, bury, or otherwise injure and immobilize a person.
Crossbraces. The horizontal members of a shoring system installed perpendicular to the sides of the excavation, the ends of which bear against either uprights or wales.
Excavation. Any man-made cut, cavity, trench, or depression in an earth surface, formed by earth removal.
Faces or sides. The vertical or inclined earth surfaces formed as a result of excavation work.
Failure. The breakage, displacement, or permanent deformation of a structural member or connection so as to reduce its structural integrity and its supportive capabilities.
Hazardous atmosphere. An atmosphere which by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating, oxygen deficient, toxic, or otherwise harmful, may cause death, illness, or injury.
Kickout. The accidental release or failure of a cross brace.
Protective system. A method of protecting employees from caveins, from material that could fall or roll from an excavation face or into an excavation, or from the collapse of adjacent structures.
Protective systems include support systems, sloping and
benching systems, shield systems, and other systems that provide the necessary protection.
Ramp. An inclined walking or working surface that is used to gain access to one point from another, and is constructed from earth or from structural materials such as steel or wood.
Registered professional engineer. A person who is registered as a professional engineer in the state where the work is to be performed. However, a professional engineer, registered in any state is deemed to be a "registered professional engineer" within the meaning of this standard when approving designs for "manufactured protective systems" or "tabulated data" to be used in interstate commerce.
Sheeting. The members of a shoring system that retain the earth in position and in turn are supported by other members of the shoring system.
Shield (Shield system). A structure that is able to withstand the forces imposed on it by a cave-in and thereby protect employees within the structure. Shields can be permanent structures or can be designed to be portable and moved along as work progresses. Additionally, shields can be either premanufactured or job-built in accordance with Section 1541.1(c)(3) or (c)(4). Shields used in trenches are usually referred to as "trench boxes" or "trench shields."
Shoring (Shoring system). A structure such as a metal hydraulic, mechanical or timber shoring system that supports the sides of an excavation and which is designed to prevent cave-ins.
Sides. See "Faces."
Sloping (Sloping system). A method of protecting employees from cave-ins by excavating to form sides of an excavation that are inclined away form the excavation so as to prevent cave-ins. The angle of incline required to prevent a cave-in varies with differences in such factors as the soil type, environmental conditions of exposure, and application of surcharge loads.
Stable rock. Natural solid mineral material that can be excavated with vertical sides and will remain intact while exposed. Unstable rock is considered to be stable when the rock material on the side or sides of the excavation is secured against caving-in or movement by rock bolts or by another protective system that has been designed by a registered professional engineer.
Structural ramp. A ramp built of steel or wood, usually used for vehicle access. Ramps made of soil or rock are not considered structural ramps.
Support system. A structure such as underpinning, bracing, or shoring, which provides support to an adjacent structure, underground installation, or the sides of an excavation.
Tabulated data. Tables and charts approved by a registered professional engineer and used to design and construct a protective system.
Trench (Trench excavation). A narrow excavation (in relation to its length) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet. If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to 15 feet or less, (measured at the bottom of the excavation), the excavation is also considered to be a trench.
Trench box. See "Shield."
Trench shield. See "Shield."
Uprights. The vertical members of a trench shoring system placed in contact with the earth and usually positioned so that individual members do not contact each other. Uprights placed so that individual members are closely spaced, in contact with or interconnected to each other, are often called "sheeting."
Wales. Horizontal members of a shoring system placed parallel to the excavation face whose sides bear against the vertical members of the shoring system or earth.
§1541 General Requirements
(a) Surface encumbrances. All surface encumbrances that are located so as to create a hazard to employees shall be removed or supported, as necessary, to safeguard employees. [§1541(a)]
(b) Subsurface installations. [§1541(b)]
(1) The approximate location of subsurface installations, such as sewer, telephone, fuel, electric, water lines, or any other subsurface installations that reasonably may be expected to be encountered during excavation work, shall be determined by the excavator prior to opening an excavation. [§1541(b)(1)]
(A) Excavation shall not commence until: [§1541(b)(1)(A)]
1. The excavation area has been marked as specified in Government Code Section 4216.2 by the excavator; and [§1541(b)(1)(A)1.]
2. The excavator has received a positive response from all known owner/operators of subsurface installations within the boundaries of the proposed project; those responses confirm that the owner/operators have located their installations, and those responses either advise the excavator of those locations or advise the excavator that the owner/operator does not operate a subsurface installation that would be affected by the proposed excavation. [§1541(b)(1)(A)2.]
(B) When the excavation is proposed within 10 feet of a high priority subsurface installation, the excavator shall be notified by the facility owner/operator of the existence of the high priority subsurface installation before the legal excavation start date and time in accordance with Government Code Section 4216.2(a), and an onsite meeting involving the excavator and the subsurface installation owner/operator's representative shall be scheduled by the excavator and the owner/operator at a mutually agreed on time to determine the action or activities required to verify the location of such installations. High priority subsurface installations are high pressure natural gas pipelines with normal operating pressures greater than 415 kPA gauge (60 p.s.i.g.), petroleum pipelines, pressurized sewage pipelines, conductors or cables that have a potential to ground of 60,000 volts or more, or hazardous materials pipelines that are potentially hazardous to employees, or the public, if damaged. [§1541(b)(1)(B)]
(C) Only qualified persons shall perform subsurface installation locating activities, and all such activities shall be performed in accordance with this section and Government Code Sections 4216 through 4216.9. Persons who complete a training program in accordance with the requirements of Section 1509, Injury and Illness Prevention Program (IIPP), that meets the minimum training guidelines and practices of the Common Ground Alliance (CGA) Best Practices, Version 3.0, published March 2006, or the standards of the National Utility Locating Contractors Association (NULCA), Standard 101: Professional Competence Standards for Locating Technicians, 2001, First Edition, which are incorporated by reference, shall be deemed qualified for the purpose of this section. [§1541(b)(1)(C)]
(D) Employees who are involved in the excavation operation and exposed to excavation operation hazards shall be trained in the excavator notification and excavation practices required by this section and Government Code Sections 4216 through 4216.9. [§1541(b)(1)(D)]
(2) All Regional Notification Centers as defined by Government Code Section 4216(j) in the area involved and all known owners of subsurface facilities in the area who are not members of a Notification Center shall be advised of the proposed work at least 2 working days prior to the start of any digging or excavation work. [§1541(b)(2)]
Exception: Repair work to subsurface facilities done in response to an emergency as defined in Government Code Section 4216(d).
(3) When excavation or boring operations approach the approximate location of subsurface installations, the exact location of the installations shall be determined by safe and acceptable means that will prevent damage to the subsurface installation, as provided by Government Code Section 4216.4. [§1541(b)(3)]
(4) While the excavation is open, subsurface installations shall be protected, supported, or removed as necessary to safeguard employees. [§1541(b)(4)]
(5) An excavator discovering or causing damages to a subsurface installation shall immediately notify the facility owner/operator or contact the Regional Notification Center to obtain subsurface installation operator contact information immediately after which the excavator shall notify the facility operator. All breaks, leaks, nicks, dents, gouges, grooves, or other damages to an installation's lines, conduits, coatings or cathodic protection shall be reported to the subsurface installation operator. If damage to a high priority subsurface installation results in the escape of any flammable, toxic, or corrosive gas or liquid or endangers life, health or property, the excavator responsible shall immediately notify 911, or if 911 is unavailable, the appropriate emergency response personnel having jurisdiction. The facility owner/operator shall also be contacted. [§1541(b)(5)]
Note: The terms excavator and operator as used in Section 1541(b) shall be as defined in Government Code Section 4216(c) and (h) respectively. The term "owner/operator" means an operator as the term "operator" is defined in Government Code Section 4216(h).
(c) Access and egress. [§1541(c)]
(1) Structural ramps. [§1541(c)(1)]
(A) Structural ramps that are used solely by employees as a means of access or egress from excavations shall be designed by a competent person. Structural ramps used for access or egress of equipment shall be designed by a competent person qualified in structural design, and shall be constructed in accordance with the design. [§1541(c)(1)(A)]
§1541
Subchapter 4. Construction Safety Orders
(B) Ramps and runways constructed of two or more structural members shall have the structural members connected together to prevent displacement. [§1541(c)(1)(B)]
(C) Structural members used for ramps and runways shall be of uniform thickness. [§1541(c)(1)(C)]
(D) Cleats or other appropriate means used to connect runway structural members shall be attached to the bottom of the runway or shall be attached in a manner to prevent tripping. [§1541(c)(1)(D)]
(E) Structural ramps used in lieu of steps shall be provided with cleats or other surface treatments to the top surface to prevent slipping. [§1541(c)(1)(E)]
(2) Means of egress from trench excavations. [§1541(c)(2)]
A stairway, ladder, ramp or other safe means of egress shall be located in trench excavations that are 4 feet or more in depth so as to require no more than 25 feet of lateral travel for employees.
(d) Exposure to vehicular traffic. Employees exposed to public vehicular traffic shall be provided with, and shall wear, warning vests or other suitable garments marked with or made of reflectorized or high-visibility material. [§1541(d)]
(e) Exposure to falling loads. No employee shall be permitted underneath loads handled by lifting or digging equipment. Employees shall be required to stand away from any vehicle being loaded or unloaded to avoid being struck by any spillage or falling materials. Operators may remain in the cabs of vehicles being loaded or unloaded when the vehicles are equipped, in accordance with Section 1591(e), to provide adequate protection for the operator during loading and unloading operations. [§1541(e)]
(f) Warning system for mobile equipment. When mobile equipment is operated adjacent to an excavation, or when such equipment is required to approach the edge of an excavation, and the operator does not have a clear and direct view of the edge of the excavation, a warning system shall be utilized such as barricades, hand or mechanical signals, or stop logs. If possible, the grade should be away from the excavation. [§1541(f)]
(g) Hazardous atmospheres. [§1541(g)]
(1) Testing and controls. In addition to the requirements set forth in the Construction Safety Orders and the General Industry Safety Orders to prevent exposure to harmful levels of atmospheric contaminants and to assure acceptable atmospheric conditions, the following requirements shall apply: [§1541(g)(1)]
(A) Where oxygen deficiency (atmospheres containing less than 19.5 percent oxygen) or a hazardous atmosphere exists or could reasonably be expected to exist, such as in excavations in landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the excavation shall be tested before employees enter excavations greater than 4 feet in depth. [§1541(g)(1)(A)]
(B) Adequate precautions shall be taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atmospheres. These precautions include providing proper respiratory protection or ventilation. [§1541(g)(1)(B)]
(C) Adequate precaution shall be taken such as providing ventilation, to prevent employee exposure to an atmosphere containing a concentration of a flammable gas in excess of 20 percent of the lower flammable limit of the gas.
[§1541(g)(1)(C)]
(D) When controls are used that are intended to reduce the level of atmospheric contaminants to acceptable levels, testing shall be conducted as often as necessary to ensure that the atmosphere remains safe. [§1541(g)(1)(D)]
(2) Emergency rescue equipment. [§1541(g)(2)]
(A) Emergency rescue equipment, such as breathing apparatus, a safety harness and line, or a basket stretcher, shall be readily available where hazardous atmospheric conditions exist or may reasonably be expected to develop during work in an excavation. This equipment shall be attended when in use. [§1541(g)(2)(A)]
(B) Employees entering bell-bottom pier holes, or other similar deep and confined footing excavations, shall wear a harness with a lifeline securely attached to it. The lifeline shall be separate from any line used to handle materials, and shall be individually attended at all times while the employee wearing the lifeline is in the excavation.
[§1541(g)(2)(B)]
(3) Whenever internal combustion engine-driven equipment is operated inside a shaft subject to Section 1542 of these Orders, a ventilation system shall be provided and operated in accordance with Sections 1530 and 1533(b) of these Orders.
[§1541(g)(3)]
Note: For shafts greater than 20 feet in depth and excavations unrelated to the Construction Safety Orders, refer to Title 8, Division 1, Chapter 4, Subchapter 20, the Tunnel Safety Orders.
(h) Protection from hazards associated with water accumulation.
[§1541(h)]
(1) Employees shall not work in excavations in which there is accumulated water, or in excavations in which water is accumulating, unless adequate precautions have been taken to protect employees against the hazards posed by water accumulation. The precautions necessary to protect employees adequately vary with each situation, but could include special support or shield systems to protect from cave-ins, water removal to control the level of accumulating water, or use of a safety harness and lifeline. [§1541(h)(1)]
(2) If water is controlled or prevented from accumulating by the use of water removal equipment, the water removal equipment and operations shall be monitored by a competent person to ensure proper operation. [§1541(h)(2)]
(3) If excavation work interrupts the natural drainage of surface water (such as streams), diversion ditches, dikes, or other suitable means shall be used to prevent surface water from entering the excavation and to provide adequate drainage of the area adjacent to the excavation. Excavations subject to runoff from heavy rains will require an inspection by a competent person and compliance with Sections 1541(h)(1) and (h)(2).
[§1541(h)(3)]
(i) Stability of adjacent structures. [§1541(i)]
(1) Where the stability of adjoining buildings, walls, or other structures is endangered by excavation operations, support systems such as shoring, bracing, or underpinning shall be provided to ensure the stability of such structures for the protection of employees. [§1541(i)(1)]
(2) Excavation below the level of the base or footing of any foundation or retaining wall that could be reasonably expected to pose a hazard to employees shall not be permitted except when: [§1541(i)(2)]
(A) A support system, such as underpinning, is provided to ensure the safety of employees and the stability of the structure; or [§1541(i)(2)(A)]
(B) The excavation is in stable rock; or [§1541(i)(2)(B)]
(C) A registered professional engineer has approved the determination that such excavation work will not pose a hazard to employees. [§1541(i)(2)(C)]
(3) Sidewalks, pavements and appurtenant structure shall not be undermined unless a support system or another method of protection is provided to protect employees from the possible collapse of such structures. [§1541(i)(3)]
(j) Protection of employees from loose rock or soil. [§1541(j)]
(1) Adequate protection shall be provided to protect employees from loose rock or soil that could pose a hazard by falling or rolling from an excavation face. Such protection shall consist of scaling to remove loose material; installation of protective barricades at intervals as necessary on the face to stop and contain falling material; or other means that provide equivalent protection. [§1541(j)(1)]
(2) Employees shall be protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations. Protection shall be provided by placing and keeping such materials or equipment at least 2 feet from the edge of excavations, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary. [§1541(j)(2)]
(k) Inspection. [§1541(k)]
(1) Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a situation that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rain storm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated. [§1541(k)(1)]
(2) Where the competent person finds evidence of a situation that could result in a possible cave-in, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions, exposed employees shall be removed from the hazardous area until the necessary precautions have been taken to ensure their safety. [§1541(k)(2)]
(l) Fall protection. [§1541(l)]
(1) Where employees or equipment are required or permitted to cross over excavations over 6-feet in depth and wider than 30 inches, walkways or bridges with standard guardrails shall be provided. [§1541(l)(1)]
(2) Adequate barrier physical protection shall be provided at all remotely located excavations. All wells, pits, shafts, etc., shall be barricaded or covered. Upon completion of exploration and other similar operations, temporary wells, pits, shafts, etc., shall be backfilled. [§1541(l)(2)]
§1541.1 Requirements for Protective Systems
(a) Protection of employees in excavations. [§1541.1(a)]
(1) Each employee in an excavation shall be protected from caveins by an adequate protective system designed in accordance with Section 1541.1(b) or (c) except when: [§1541.1(a)(1)]
(A) Excavations are made entirely in stable rock; or [§1541.1(a)(1)(A)]
(B) Excavations are less than 5 feet in depth and examination of the ground by a competent person provides no indication of a potential cave-in. [§1541.1(a)(1)(B)]
(2) Protective systems shall have the capacity to resist without failure all loads that are intended or could reasonably be expected to be applied or transmitted to the system. [§1541.1(a)(2)]
(b) Design of sloping and benching systems. The slopes and configurations of sloping and benching systems shall be selected and constructed by the employer or his designee and shall be in accordance with the requirements of Section 1541.1(b)(1), Section 1541.1(b)(2), Section 1541.1(b)(3), or Section 1541.1(b)(4), as follows: [§1541.1(b)]
(1) Option (1) — Allowable configurations and slopes. [§1541.1(b)(1)]
(A) Excavations shall be sloped at an angle not steeper than one and one-half horizontal to one vertical (34 degrees measured from the horizontal), unless the employer uses one of the other options listed below. [§1541.1(b)(1)(A)]
(B) Slopes specified in Section 1541.1(b)(1)(A) shall be excavated to form configurations that are in accordance with the slopes shown for Type C soil in Appendix B to this article. [§1541.1(b)(1)(B)]
(2) Option (2) — Determination of slopes and configurations using Appendices A and B. Maximum allowable slopes, and allowable configurations for sloping and benching systems, shall be determined in accordance with the conditions and requirements set forth in Appendices A and B to this article.
[§1541.1(b)(2)]
(3) Option (3) — Designs using other tabulated data. [§1541.1(b)(3)]
(A) Designs of sloping or benching systems shall be selected from and be in accordance with tabulated data, such as tables and charts. [§1541.1(b)(3)(A)]
(B) The tabulated data shall be in written form and shall include all of the following: [§1541.1(b)(3)(B)]
1. Identification of the parameters that affect the selection of a sloping or benching system drawn from such data; [§1541.1(b)(3)(B)1.]
2. Identification of the limits of use of the data, to include the magnitude and configuration of slopes determined to be safe; [§1541.1(b)(3)(B)2.]
3. Explanatory information as may be necessary to aid the user in making a correct selection of a protective system from the data. [§1541.1(b)(3)(B)3.]
4. At least one copy of the tabulated data which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Division upon request. [§1541.1(b)(3)(B)4.]
(4) Option (4) — Design by a registered professional engineer. [§1541.1(b)(4)]
(A) Sloping and benching systems not utilizing Option (1) or Option (2) or Option (3) under Section 1541.1(b) shall be stamped and signed by a registered professional engineer. [§1541.1(b)(4)(A)]
(B) Designs shall be in written form and shall include at least the following: [§1541.1(b)(4)(B)]
1. The magnitude of the slopes that were determined to be safe for the particular project; [§1541.1(b)(4)(B)1.]
2. The configurations that were determined to be safe for the particular project; [§1541.1(b)(4)(B)2.]
3. The identity of the registered professional engineer approving the design. [§1541.1(b)(4)(B)3.]
(C) At least one copy of the design shall be maintained at the jobsite while the slope is being constructed. After that time the design need not be at the jobsite, but a copy shall be made available to the Division upon request. [§1541.1(b)(4)(C)]
(c) Design of support systems, shield systems, and other protective systems. Designs of support systems, shield systems, and other protective systems shall be selected and constructed by the employer or his designee and shall be in accordance with the requirements of Section 1541.1(c)(1); or, in the alternative, Section 1541.1(c)(2); or, in the alternative, Section 1541.1(c)(3); or, in the alternative, Section 1541.1(c)(4) as follows: [§1541.1(c)]
(1) Option (1) — Designs using Appendices A, C and D. Designs for timber shoring in trenches shall be determined in accordance with the conditions and requirements set forth in Appendices A and C to this article. Designs for aluminum hydraulic shoring shall be in accordance with Section 1541.1(c)(2), but if manufacturer's tabulated data cannot be utilized, designs shall be in accordance with Appendix D. [§1541.1(c)(1)]
(2) Option (2) — Designs Using Manufacturer's Tabulated Data. [§1541.1(c)(2)]
(A) Design of support systems, shield systems, or other protective systems that are drawn from manufacturer's tabulated data shall be in accordance with all specifications, recommendations, and limitations issued or made by the manufacturer. [§1541.1(c)(2)(A)]
(B) Deviation from the specifications, recommendations, and limitations issued or made by the manufacturer shall only be allowed after the manufacturer issues specific written approval. [§1541.1(c)(2)(B)]
(C) Manufacturer's specifications, recommendations, and limitations, and manufacturer's approval to deviate from the specifications, recommendations, and limitations shall be in written form at the jobsite during construction of the protective system. After that time this data may be stored off the jobsite, but a copy shall be made available to the Division upon request. [§1541.1(c)(2)(C)]
(3) Option (3) — Designs using other tabulated data. [§1541.1(c)(3)]
(A) Designs of support systems, shield systems, or other protective systems shall be selected from and be in accordance with tabulated data, such as tables and charts. [§1541.1(c)(3)(A)]
(B) The tabulated data shall be in written form and include all of the following: [§1541.1(c)(3)(B)]
1. Identification of the parameters that affect the selection of a protective system drawn from such data; [§1541.1(c)(3)(B)1.]
2. Identification of the limits of use of the data; [§1541.1(c)(3)(B)2.]
3. Explanatory information as may be necessary to aid the user in making a correct selection of a protective system from the data. [§1541.1(c)(3)(B)3.]
(C) At least one copy of the tabulated data, which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Division upon request. [§1541.1(c)(3)(C)]
(4) Option (4) — Design by a registered professional engineer. [§1541.1(c)(4)]
(A) Support systems, shield systems, and other protective systems not utilizing Option 1, Option 2, or Option 3, above, shall be approved by a registered professional engineer. [§1541.1(c)(4)(A)]
(B) Designs shall be in written form and shall include the following: [§1541.1(c)(4)(B)]
1. A plan indicating the sizes, types, and configurations of the materials to be used in the protective system; and [§1541.1(c)(4)(B)1.]
2. The identity of the registered professional engineer approving the design. [§1541.1(c)(4)(B)2.]
(C) At least one copy of the design shall be maintained at the jobsite during construction of the protective system. After that time, the design may be stored off the jobsite, but a copy of the design shall be made available to the Division upon request. [§1541.1(c)(4)(C)]
(d) Materials and equipment. [§1541.1(d)]
(1) Materials and equipment used for protective systems shall be free from damage or defects that might impair their proper function. [§1541.1(d)(1)]
(2) Manufactured materials and equipment used for protective systems shall be used and maintained in a manner that is consistent with the recommendations of the manufacturer, and in a manner that will prevent employee exposure to hazards. [§1541.1(d)(2)]
(3) When material or equipment that is used for protective systems is damaged, a competent person shall examine the material or equipment and evaluate its suitability for continued use. If the competent person cannot assure the material or equipment is able to support the intended loads or is otherwise suitable for safe use, then such material or equipment shall be removed from service, and shall be evaluated and approved by a registered professional engineer before being returned to service. [§1541.1(d)(3)]
§1541.1 Appendix A
Subchapter 4. Construction Safety Orders
(e) Installation and removal of supports. [§1541.1(e)]
(1) General. [§1541.1(e)(1)]
(A) Members of support systems shall be securely connected together to prevent sliding, falling, kickouts, or other predictable failure. [§1541.1(e)(1)(A)]
(B) Support systems shall be installed and removed in a manner that protects employees from cave-ins, structural collapses, or from being struck by members of the support system. [§1541.1(e)(1)(B)]
(C) Individual members of support systems shall not be subjected to loads exceeding those which those members were designed to withstand. [§1541.1(e)(1)(C)]
(D) Before temporary removal of individual members begins, additional precautions shall be taken to ensure the safety of employees, such as installing other structural members to carry the loads imposed on the support system. [§1541.1(e)(1)(D)]
(E) Removal shall begin at, and progress from, the bottom of the excavation. Members shall be released slowly so as to note any indication of possible failure of the remaining members of the structure or possible cave-in of the sides of the excavation. [§1541.1(e)(1)(E)]
(F) Backfilling shall progress together with the removal of support systems from excavations. [§1541.1(e)(1)(F)]
(2) Additional requirements for support systems for trench excavations. [§1541.1(e)(2)]
(A) Excavation of material to a level no greater than 2 feet below the bottom of the members of a support system shall be permitted, but only if the system is designed to resist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the support system. [§1541.1(e)(2)(A)]
(B) Installation of a support system shall be closely coordinated with the excavation of trenches. [§1541.1(e)(2)(B)]
(f) Sloping and benching systems. Employees shall not be permitted to work on the faces of sloped or benched excavations at levels above other employees except when employees at the lower levels are adequately protected from the hazard of falling, rolling, or sliding material or equipment. [§1541.1(f)]
(g) Shield systems. [§1541.1(g)]
(1) General. [§1541.1(g)(1)]
(A) Shield systems shall not be subjected to loads exceeding those which the system was designed to withstand. [§1541.1(g)(1)(A)]
(B) Shields shall be installed in a manner to restrict lateral or other hazardous movement of the shield in the event of the application of sudden lateral loads. [§1541.1(g)(1)(B)]
(C) Employees shall be protected from the hazard of cave-ins when entering or exiting the areas protected by shields. [§1541.1(g)(1)(C)]
(D) Employees shall not be allowed in shields when shields are being installed, removed, or moved vertically. [§1541.1(g)(1)(D)]
(2) Additional requirements for shield systems used in trench excavations. The sides of the shield shall extend a minimum of 18 inches above the vertical walls of compound excavations as shown in Appendix B, figures B-1, B-1.2 and B-1.3. On vertically cut trenches, the shield shall extend to at least the catch point of the trench. Excavations of earth material to a level not greater than 2 feet below the bottom of a shield shall be permitted, but only if the shield is designed to resist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the shield. [§1541.1(g)(2)]
(h) Uprights shall extend to the top of the trench with the lower end of the upright not more than 2 feet from the bottom of the trench.
[§1541.1(h)]
§1541.1 Appendix A Soil Classification
(a) Scope and application.
(1) Scope. This appendix describes a method of classifying soil and rock deposits based on site and environmental conditions, and on the structure and composition of the earth deposits. The appendix contains definitions, sets forth requirements, and describes acceptable visual and manual tests for use in classifying soils.
(2) Application. This appendix applies when a sloping or benching system is designed in accordance with the requirements set forth in Section 1541.1(b)(2) as a method of protection for employees from cave-ins. This appendix also applies when
timber shoring for excavations is designed as a method of protection from cave-ins in accordance with Appendix C to this article, and when aluminum hydraulic shoring is designed in accordance with Appendix D. This appendix also applies if other protective systems are designed and selected for use from data prepared in accordance with the requirements set forth in Section 1541.1(c), and the use of the data is predicated on the use of the soil classification system set forth in this appendix.
(b) Definitions.
Cemented soil . A soil in which the particles are held together by a chemical agent, such a calcium carbonate, such that a hand-size sample cannot be crushed into powder or individual soil particles by finger pressure.
Cohesive soil . Clay (fine grained soil), or soil with a high clay content, which has cohesive strength. Cohesive soil does not crumble, can be excavated with vertical side slopes, and is plastic when moist. Cohesive soil is hard to break up when dry, and exhibits significant cohesion when submerged. Cohesive soils include clayey silt, sandy clay, silty clay, clay and organic clay.
Dry soil . Soil that does not exhibit visible signs of moisture content.
Fissured . A soil material that has a tendency to break along definite planes of fracture with little resistance, or a material that exhibits open cracks, such as tension cracks, in an exposed surface.
Granular soil . Gravel, sand, or silt (coarse grained soil) with little or no clay content. Granular soil has no cohesive strength. Some moist granular soils exhibit apparent cohesion. Granular soil cannot be molded when moist and crumbles easily when dry.
Layered system . Two or more distinctly different soil or rock types arranged in layers. Micaceous seams or weakened planes in rock or shale are considered layered.
Moist soil . A condition in which a soil looks and feels damp. Moist cohesive soil can easily be shaped into a ball and rolled into small diameter threads before crumbling. Moist granular soil that contains some cohesive material will exhibit signs of cohesion between particles.
Plastic . A property of a soil which allows the soil to be deformed or molded without cracking, or appreciable volume change.
Saturated soil . A soil in which the voids are filled with water. Saturation does not require flow. Saturation, or near saturation, is necessary for the proper use of instruments such as a pocket penetrometer or sheer vane.
Soil classification system . A method of categorizing soil and rock deposits in a hierarchy of Stable Rock, Type A, Type B, and Type C, in decreasing order of stability. The categories are determined based on an analysis of the properties and performance characteristics of the deposits and the environmental conditions of exposure.
Stable rock . Natural solid mineral matter that can be excavated with vertical sides and remain intact while exposed.
Submerged soil . Soil which is underwater or is free seeping.
Type A soil . Cohesive soils with an unconfined, compressive strength of 1.5 ton per square foot (tsf) or greater. Examples of cohesive soils are: clay, silty clay, sandy clay, clay loam and, in some cases, silty clay loam and sandy clay loam. Cemented soils such as caliche and hardpan are also considered Type A. However, no soil is Type A if:
(1) The soil is fissured; or
(2) The soil is subject to vibration from heavy traffic, pile driving, or similar effects; or
(3) The soil has been previously disturbed; or
(4) The soil is part of a sloped, layered system where the layers dip into the excavation on a slope of four horizontal to one vertical (4H:1V) or greater; or
(5) The material is subject to other factors that would require it to be classified as a less stable material.
Type B soil:
(1) Cohesive soil with an unconfined compressive strength greater than 0.5 tsf but less than 1.5 tsf; or
(2) Granular cohesionless soils including: angular gravel (similar to crushed rock), silt, silt loam, sandy loam and, in some cases, silty clay loam and sandy clay loam.
(3) Previously disturbed soils except those which would otherwise be classed as Type C soil.
(4) Soil that meets the unconfined compressive strength or cementation requirements for Type A, but is fissured or subject to vibration; or
(5) Dry rock that is not stable; or
(6) Material that is part of a sloped, layered system where the layers dip into the excavation on a slope less steep than four horizontal to one vertical (4H:1V), but only if the material would otherwise be classified as Type B.
Type C soil:
(1) Cohesive soil with an unconfined compressive strength of 0.5 tsf or less; or
(2) Granular soils including gravel, sand, and loamy sand; or
(3) Submerged soil or soil from which water is freely seeping; or
(4) Submerged rock that is not stable, or
(5) Material in a sloped, layered system where the layers dip into the excavation or a slope of four horizontal to one vertical (4H:1V) or steeper.
Unconfined compressive strength . The load per unit area at which a soil will fail in compression. It can be determined by laboratory testing, or estimated in the field using a pocket penetrometer, by thumb penetration tests, and other methods.
Wet soil . Soil that contains significantly more moisture than moist soil, but in such a range of values that cohesive material will slump or begin to flow when vibrated. Granular material that would exhibit cohesive properties when moist will lose those cohesive properties when wet.
(c) Requirements.
(1) Classification of soil and rock deposits. Each soil and rock deposit shall be classified by a competent person as Stable Rock, Type A, Type B, or Type C in accordance with the definitions set forth in paragraph (b) of this appendix.
(2) Basis of classification. The classification of the deposits shall be made based on the results of at least one visual and at least one manual analysis. Such analyses shall be conducted by a competent person using tests described in paragraph (d) below, or in other approved methods of soil classification and testing such as those adopted by the American Society for Testing Materials, or the U.S. Department of Agriculture textural classification system.
(3) Visual and manual analyses. The visual and manual analyses, such as those noted as being acceptable in paragraph (d) of this appendix, shall be designed and conducted to provide sufficient quantitative and qualitative information as may be necessary to identify properly the properties, factors, and conditions affecting the classification of the deposits.
(4) Layered systems. In a layered system, the system shall be classified in accordance with its weakest layer. However, each layer may be classified individually where a more stable layer lies under a less stable layer.
(5) Reclassification. If, after classifying a deposit, the properties, factors, or conditions affecting its classification change in any way, the changes shall be evaluated by a competent person. The deposit shall be reclassified as necessary to reflect the changed circumstances.
(d) Acceptable visual and manual tests.
(1) Visual tests. Visual analysis is conducted to determine qualitative information regarding the excavation site in general, the soil adjacent to the excavation, the soil forming the sides of the open excavation, and the soil taken as samples from excavated material.
(A) Observe samples of soil that are excavated and soil in the sides of the excavation. Estimate the range of particle sizes and the relative amounts of the particle sizes. Soil that is primarily composed of fine-grained material is cohesive material. Soil composed primarily of coarse-grained sand or gravel is granular material.
(B) Observe soil as it is excavated. Soil that remains in clumps when excavated is cohesive. Soil that breaks up easily and does not stay in clumps is granular.
(C) Observe the side of the opened excavation and the surface area adjacent to the excavation. Crack-like openings such as tension cracks could indicate fissured material. If chunks of soil spall off a vertical side, the soil could be fissured. Small spalls are evidence of moving ground and are indications of potentially hazardous situations.
(D) Observe the area adjacent to the excavation and the excavation itself for evidence of existing utility and other underground structures, and to identify previously disturbed soil.
(E) Observe the opened side of the excavation to identify layered systems. Examine layered systems to identify if the layers slope toward the excavation. Estimate the degree of slope of the layers.
(F) Observe the area adjacent to the excavation and the sides of the opened excavation for evidence of surface water, water seeping from the sides of the excavation, or the location of the level of the water table.
(G) Observe the area adjacent to the excavation and the area within the excavation for sources of vibration that may affect the stability of the excavation face.
(2) Manual tests. Manual analysis of soil samples in conducted to determine quantitative as well as qualitative properties of soil and to provide more information in order to classify soil properly.
(A) Plasticity. Mold a moist or wet sample of soil into a ball and attempt to roll it into threads as thin as 1/8-inch in diameter. Cohesive material can be successfully rolled into threads
without crumbling. For example, if at least a two inch length of 1/8-inch thread can be held on one end without tearing, the soil is cohesive.
(B) Dry strength. If the soil is dry and crumbles on its own or with moderate pressure into individual grains or fine powder, it is granular (any combination of gravel, sand, or silt). If the soil is dry and falls into clumps which break up into smaller clumps, but the smaller clumps can only be broken up with difficulty, it may be clay in any combination with gravel, sand or silt. If the dry soil breaks into clumps which do not break up into small clumps and which can only be broken with difficulty, and there is no visual indication the soil is fissured, the soil may be considered unfissured.
(C) Thumb penetration. The thumb penetration test can be used to estimate the unconfined compressive strength of cohesive soils. Type A soils with an unconfined compressive strength of 1.5 tsf can be readily indented by the thumb; however, they can be penetrated by the thumb only with very great effort. Type C soils with an unconfined compressive strength of 0.5 tsf can be easily penetrated several inches by the thumb, and can be molded by light finger pressure. This test should be conducted on an undisturbed soil sample, such as a large clump of spoil, as soon as practicable after excavation to keep to a minimum the effects of exposure to drying influences (rain, flooding), the classification of the soil must be changed accordingly.
(D) Other strength tests. Estimates of unconfined compressive strength of soils can also be obtained by use of a pocket penetrometer or by using a hand-operated shearvane.
(E) Drying test. The basic purpose of the drying test is to differentiate between cohesive material with fissures, unfissured cohesive material, and granular material. The procedure for the drying test involves drying a sample of soil that is approximately one inch thick and six inches in diameter until it is thoroughly dry:
1. If the sample develops cracks as it dries, significant fissures are indicated.
2. Samples that dry without cracking are to be broken by hand. If considerable force is necessary to break a sample, the soil has significant cohesive material content. The soil can be classified as an unfissured cohesive material and the unconfined compressive strength should be determined.
3. If a sample breaks easily by hand, it is either a fissured cohesive material or a granular material. To distinguish between the two, pulverize the dried clumps of the sample by hand or by stepping on them. If the clumps do not pulverize easily, the material is cohesive with fissures. If they pulverize easily into very small fragments, the material is granular.
§1541.1 Appendix B Sloping and Benching
(a) Scope and application. This appendix contains specifications for sloping and benching when used as methods of protecting employees working in excavations from cave-ins. The requirements of this appendix apply when the design of sloping and benching protective systems is to be performed in accordance with the requirements set forth in Section 1541.1(b).
(b) Definitions.
Actual slope means the slope to which an excavation face is excavated.
Distress means that the soil is in a condition where a cave-in is imminent or is likely to occur. Distress is evidenced by such phenomena as the development of fissures in the face of or adjacent to an open excavation; the subsidence of the edge of an excavation; the slumping of material from the face or the bulging or heaving of material from the bottom of an excavation; the spalling of material from the face of an excavation; and ravelling, i.e., small amounts of material such as pebbles or little clumps of material suddenly separating from the face of an excavation and trickling or rolling down into the excavation.
Maximum allowable slope means the steepest incline of an excavation face that is acceptable for the most favorable site conditions as protection against cave-ins, and is expressed as the ratio of horizontal distance to vertical rise (H:V).
Short term exposure means a period of time less than or equal to 24 hours that an excavation is open.
(c) Requirements.
(1) Soil classification. Soil and rock deposits shall be classified in accordance with Appendix A to Section 1541.1.
(2) Maximum allowable slope. The maximum allowable slope for a soil or rock deposit shall be determined from Table B-1 of this appendix.
(3) Actual slope.
(A) The actual slope shall not be steeper than the maximum allowable slope.
(B) The actual slope shall be less steep than the maximum allowable slope, when there are signs of distress. If that situation occurs, the slope shall be cut back to an actual slope which is at least 1/2 horizontal to one vertical (1⁄2H:1V) less steep than the maximum allowable slope.
(C) When surcharge loads from stored material or equipment, operating equipment, or traffic are present, a competent person
§1541.1 Appendix C
Subchapter 4. Construction Safety Orders
shall determine the degree to which the actual slope must be reduced below the maximum allowable slope, and shall assure that such reduction is achieved. Surcharge loads from adjacent structures shall be evaluated in accordance with Section 1541(i).
(4) Configurations. Configurations of sloping and benching systems shall be in accordance with Figure B-1. Notes: 1
1.Allsimpleslopeexcavations20feetorlessindepth shallhaveamaximumallowableslopeof3/4:1
Exception:Simpleslopeexcavationswhichare open24hoursorless(shortterm)andwhichare 12feetorlessindepthshallhaveamaximum allowableslopeof1/2:1.
SimpleSlope-ShortTerm
2.Allbenchedexcavations20feetorlessindepth shallhaveamaximumallowableslopeof3/4:1 andmaximumbenchdimensionsasfollows:
SimpleSlope-General SimpleBench
3.Allexcavations8feetorlessindepthwhichhave unsupportedverticallysidedlowerportions shallhaveamaximumverticalsideof3½feet.
20'Max. 20'Max. 8'Max. 12'Max. 3½'Max. 3½'Max. 20'Max. 4'Max. 4'Max. 5' Max. 12'Max. 1 ¾ ½ 1 1 1
UnsupportedVerticallySidedLowerPortionMaximum8FeetinDepth
MultipleBench
Allexcavationsmorethan8feetbutnotmorethan 12feetindepthwithunsupportedverticallysidedlower portionsshallhaveamaximumallowableslopeof1:1and amaximumverticalsideof3½feet.
UnsupportedVerticallySidedLowerPortionMaximum12FeetinDepth
Allexcavations20feetorlessindepthwhichhavevertically sidedlowerportionsthataresupportedorshieldedshallhave amaximumallowableslopeof3/4:1.Thesupportorshieldsystem mustextendatleast18inchesabovethetopoftheverticalside.
Supportorshieldsystem 18"Min.
SupportedorShieldedVerticallySided LowerPortion 20'Max. Totalheightof verticalside
4.Allothersimpleslope,compoundslope,andverticallysided lowerportionexcavationsshallbeinaccordancewith theotheroptionspermittedunder.1(b). §1541
FIGUREB-1.2
EXCAVATIONSMADEINTYPEBSOIL
1.Allsimpleslopeexcavations20feetorlessindepth shallhaveamaximumallowableslopeof1:1.
20'Max.
§1541.1 Appendix C Timber Shoring for Trenches
2.Allbenchedexcavations20feetorlessindepth shallhaveamaximumallowableslopeof1:1 andmaximumbenchdimensionsasfollows: Thisbenchallowedin cohesivesoilonly.
20'Max.
4'Max.
SimpleSlope SingleBench
Thisbenchallowedincohesivesoilonly.
20'Max.
MultipleBench
3.Allexcavations20feetorlessindepthwhichhave verticallysidedlowerportionsshallbeshieldedor supportedtoaheightatleast18inchesabovethe topoftheverticalside.Allsuchexcavationsshall haveamaximumallowableslopeof1:1.
1 1 1 1 1 1
20'Max.
Supportorshieldsystem 18"Min.
Totalheightof verticalside
VerticallySidedLowerPortion
4.Allotherslopedexcavationsshallbeinaccordance withtheotheroptionspermittedin. §1541.1(b)
(a) Scope. This appendix contains information that can be used when timber shoring is provided as a method of protection from cave-ins in trenches that do not exceed 20 feet in depth. This appendix must be used when design of timber shoring protective systems is to be performed in accordance with Section 1541.1(c)(1). Other timber shoring configurations; other systems of support such as hydraulic and pneumatic systems; and other protective systems such as sloping, benching, shielding, and freezing systems must be designed in accordance with the requirements set forth in Section 1541.1(b) and 1541.1(c).
(b) Soil Classification. In order to use the data presented in this appendix, the soil type or types in which the excavation is made must first be determined using the soil classification method set forth in Article 6.
(c) Presentation of Information. Information is presented in several forms as follows:
(1) Information is presented in tabular form in Tables C-1.1, C-1.2 and C-1.3, and Tables C-2.1, C-2.2 and C-2.3 following Section (g) of Appendix C. Each table presents the minimum sizes of timber members to use in a shoring system, and each table contains data only for the particular soil type in which the excavation or portion of the excavation is made. The data are arranged to allow the user the flexibility to select from among several acceptable configurations of members based on varying the horizontal spacing of the crossbraces. Stable rock is exempt from shoring requirements and therefore, no data are presented for this condition.
(2) Information concerning the basis of the tabular data and the limitations of the data is presented in Section (d) of this appendix, and on the tables themselves.
(3) Information explaining the use of the tabular data is presented in Section (e) of this appendix.
(4) Information illustrating the use of the tabular data is presented in Section (f) of this appendix.
(5) Miscellaneous notations regarding Tables C-1.1 through C-1.3 and Tables C-2.1 through C-2.3 are presented in Section (g) of this appendix. Table B-1 - Maximum Allowable Slopes