§ 5191. Occupational Exposure to Hazardous Chemicals in Laboratories.
8 CA ADC § 5191Barclays Official California Code of Regulations
8 CCR § 5191
§ 5191. Occupational Exposure to Hazardous Chemicals in Laboratories.
Action level. A concentration designated in Title 8, California Code of Regulations for a specific substance, calculated as an eight (8)-hour time weighted average, which initiates certain required activities such as exposure monitoring and medical surveillance.
Carcinogen (see “select carcinogen”).
Chemical Hygiene Officer. An employee who is designated by the employer, and who is qualified by training or experience, to provide technical guidance in the development and implementation of the provisions of the Chemical Hygiene Plan. This definition is not intended to place limitations on the position description or job classification that the designated individual shall hold within the employer's organizational structure.
Chemical Hygiene Plan. A written program developed and implemented by the employer which sets forth procedures, equipment, personal protective equipment and work practices that
Chief. The Chief of the Division of Occupational Safety and Health.
Designated area. An area which may be used for work with “select carcinogens,” reproductive toxins or substances which have a high degree of acute toxicity. A designated area may be the entire laboratory, an area of a laboratory or a device such as a laboratory hood.
Emergency. Any occurrence such as, but not limited to, equipment failure, rupture of containers or failure of control equipment which results in an uncontrolled release of a hazardous chemical into the workplace.
Employee. An individual employed in a laboratory workplace who may be exposed to hazardous chemicals in the course of his or her assignments.
Hazardous chemical. Any chemical which is classified as health hazard or simple asphyxiant in accordance with the Hazard Communication Standard (Section 5194).
Health hazard. A chemical that is classified as posing one of the following hazardous effects: Acute toxicity (any route of exposure); skin corrosion or irritation; serious eye damage or eye irritation; respiratory or skin sensitization; germ cell mutagenicity; carcinogenity; reproductive toxicity; specific target organ toxicity (single or repeated exposure); aspiration hazard. The criteria for determining whether a chemical is classified as a health hazard are detailed in Appendix A of the Hazard Communication Standard (Section 5194) and Section 5194(c) (definition of “simple asphyxiant”).
Laboratory. A facility where the “laboratory use of hazardous chemicals” occurs. It is a workplace where relatively small quantities of hazardous chemicals are used on a non-production basis.
Laboratory scale. Work with substances in which the containers used for reactions, transfers, and other handling of substances are designed to be easily and safely manipulated by one person. “Laboratory scale” excludes those workplaces whose function is to produce commercial quantities of materials.
Laboratory-type hood. A device located in a laboratory, enclosed on five sides with a movable sash or fixed partial enclosure on the remaining side; constructed and maintained to draw air from the laboratory and to prevent or minimize the escape of air contaminants into the laboratory; and allows chemical manipulations to be conducted in the enclosure without insertion of any portion of the employee's body other than hands and arms.
Walk-in hoods with adjustable sashes meet the above definition provided that the sashes are adjusted during use so that the airflow and the exhaust of air contaminants are not compromised and employees do not work inside the enclosure during the release of airborne hazardous chemicals.
Laboratory use of hazardous chemicals. Handling or use of such chemicals in which all of the following conditions are met:
Medical consultation. A consultation which takes place between an employee and a licensed physician for the purpose of determining what medical examinations or procedures, if any, are appropriate in cases where a significant exposure to a hazardous chemical may have taken place.
Mutagen. Chemicals that cause permanent changes in the amount or structure of the genetic material in a cell. Chemicals classified as mutagens in accordance with the Hazard Communication Standard (Section 5194) shall be considered mutagens for purposes of this section.
Physical hazard. A chemical that is classified as posing one of the following hazardous effects: Explosive; flammable (gases, aerosols, liquids, or solids); combustible liquid; oxidizer (liquid, solid, or gas); self-reactive; pyrophoric (gas, liquid or solid); self-heating; organic peroxide; corrosive to metal; gas under pressure; in contact with water emits flammable gas; water-reactive; or combustible dust. The criteria for determining whether a chemical is classified as a physical hazard are in Appendix B of the Hazard Communication Standard (Section 5194) and Section 5194(c) (definitions of “combustible dust,” “combustible liquid,” “water-reactive” and “pyrophoric gas”).
Protective laboratory practices and equipment. Those laboratory procedures, practices and equipment accepted by laboratory health and safety experts as effective, or that the employer can show to be effective, in minimizing the potential for employee exposure to hazardous chemicals.
Reproductive toxins. Chemicals which affect the reproductive capabilities including chromosomal damage (mutations), effects on fetuses (teratogenesis), adverse effects on sexual function and fertility in adult males and females, as well as adverse effects on the development of the offspring. Chemicals classified as reproductive toxins in accordance with the Hazard Communication Standard (Section 5194) shall be considered reproductive toxins for purposes of this section.
Select carcinogen. Any substance which meets one of the following criteria:
(c) Exposure limits. For laboratory uses of Cal/OSHA regulated substances, the employer shall ensure that laboratory employees' exposures to such substances do not exceed the exposure limits specified in Title 8, California Code of Regulations, Group 16, Section 5139 et seq., of the General Industry Safety Orders.
(1) Initial monitoring. The employer shall measure the employee's exposure to any substance regulated by a standard which requires monitoring if there is reason to believe that exposure levels for that substance exceed the action level (or in the absence of an action level, the exposure limit). The person supervising, directing or evaluating the monitoring shall be competent in industrial hygiene practice.
(2) Periodic monitoring. If the initial monitoring prescribed by subsection 5191(d)(1) discloses employee exposure over the action level (or in the absence of an action level, the exposure limit), the employer shall immediately comply with the exposure monitoring provisions of the relevant regulation.
(B) Criteria that the employer will use to determine and implement control measures to reduce employee exposure to hazardous chemicals including engineering controls, the use of personal protective equipment and hygiene practices; particular attention shall be given to the selection of control measures for chemicals that are known to be extremely hazardous;
(H) Provisions for additional employee protection for work with particularly hazardous substances. These include “select carcinogens,” reproductive toxins and substances which have a high degree of acute toxicity. Specific consideration shall be given to the following provisions which shall be included where appropriate;
Note: Appendix A of this section is non-mandatory but provides guidance to assist employers in the development of the Chemical Hygiene Plan.
(B) Where exposure monitoring reveals an exposure level above the action level (or in the absence of an action level, the exposure limit) for a Cal/OSHA regulated substance for which there are exposure monitoring and medical surveillance requirements, medical surveillance shall be established for the affected employee as prescribed by the particular standard.
(C) Whenever an event takes place in the work area such as a spill, leak, explosion or other occurrence resulting in the likelihood of a hazardous exposure, the affected employee shall be provided an opportunity for a medical consultation. Such consultation shall be for the purpose of determining the need for a medical examination.
(A) If the composition of the chemical substance which is produced exclusively for the laboratory's use is known, the employer shall determine if it is a hazardous chemical as defined in subsection 5191(b). If the chemical is determined to be hazardous, the employer shall provide appropriate training as required under subsection 5191(f).
Where the use of respirators is necessary to maintain exposure below permissible exposure limits, the employer shall provide, at no cost to the employee, the proper respiratory equipment. Respirators shall be selected and used in accordance with the requirements of Section 5144.
Credits
Note: Authority cited: Sections 142.3 and 9020, Labor Code. Reference: Sections 142.3, 9004(d), 9009 and 9020, Labor Code.
History
1. New section filed 3-25-91; operative 4-24-91 (Register 91, No. 17).
2. Editorial correction of printing errors (Register 92, No. 33).
3. Change without regulatory effect amending Appendix B subsections (b)1. and (c)1. filed 12-28-92 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 1).
4. Editorial correction of Appendix A subsection D.11.(b) (Register 95, No. 24).
5. Amendment of Appendix A, subsection E.1.(a) filed 1-18-2012; operative 1-18-2012 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2012, No. 3).
6. Amendment of definitions within subsection (b) and amendment of subsections (f)(3)(E), (h)(1)(B) and (h)(2)(C) filed 5-6-2013; operative 5-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 19).
7. Amendment of definitions within subsection (b) and amendment of subsections (f)(3)(E), (h)(1)(B) and (h)(2)(C) refiled 11-6-2013; operative 11-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 45).
8. Repealer of 11-6-2013 order by operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No. 19).
9. Amendment of subsection (b) repealing definitions of “Combustible Liquid,” “Flammable” and “Flashpoint” filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).
10. Amendment of definitions within subsection (b) and amendment of subsections (f)(3)(E), (h)(1), (h)(1)(B) and (h)(2)(C) filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).
11. Change without regulatory effect amending subsection (b), definition of “Laboratory scale” filed 9-27-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 39).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 8, § 5191, 8 CA ADC § 5191
End of Document |