§ 5201. 1, 3-Butadiene.
8 CA ADC § 5201Barclays Official California Code of Regulations
8 CCR § 5201
§ 5201. 1,3-Butadiene.
(A) Except for the recordkeeping provisions in subsection (m)(1), this section does not apply to the processing, use, or handling of products containing BD or to other work operations and streams in which BD is present where objective data are reasonably relied upon that demonstrate the work operation or the product or the group of products or operations to which it belongs may not reasonably be foreseen to release BD in airborne concentrations at or above the action level or in excess of the STEL under the expected conditions of processing, use, or handling that will cause the greatest possible release or in any plausible accident.
(B) This section also does not apply to work operations, products or streams where the only exposure to BD is from liquid mixtures containing 0.1% or less of BD by volume or the vapors released from such liquids, unless objective data become available that show that airborne concentrations generated by such mixtures can exceed the action level or STEL under reasonably predictable conditions of processing, use or handling that will cause the greatest possible release.
(C) Except for labeling requirements and requirements for emergency response, this section does not apply to the storage, transportation, distribution or sale of BD or liquid mixtures in intact containers or in transportation pipelines sealed in such a manner as to fully contain BD vapors or liquid.
Action level means a concentration of airborne BD of 0.5 ppm calculated as an eight (8)-hour time-weighted average.
Authorized person means any person specifically designated by the employer, whose duties require entrance into a regulated area, or a person entering such an area as a designated representative of employees to exercise the right to observe monitoring and measuring procedures under subsection (d)(8), or a person designated by the Chief or NIOSH to enter a regulated area.
1,3-Butadiene means an organic compound with chemical formula CH(2)=CH-CH=CH(2) that has a molecular weight of approximately 54.15 gm/mole.
Business day means any Monday through Friday, except those days designated as federal, state, local or company specific holidays.
Chief means the Chief of the Division of Occupational Safety and Health, or designee.
Complete Blood Count (CBC) means laboratory tests performed on whole blood specimens and includes the following: White blood cell count (WBC), hematocrit (Hct), red blood cell count (RBC), hemoglobin (Hgb), differential count of white blood cells, red blood cell morphology, red blood cell indices, and platelet count.
Day means any part of a calendar day.
Emergency situation means any occurrence such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment that may or does result in an uncontrolled significant release of BD.
Employee exposure means exposure of a worker to airborne concentrations of BD which would occur if the employee were not using respiratory protective equipment.
NIOSH means the Director of the National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services, or designee.
Objective data means monitoring data, or mathematical modeling or calculations based on composition, chemical and physical properties of a material, stream or product.
Permissible Exposure Limits, PELs means either the 8 hour Time Weighted Average (8-hr TWA) exposure or the Short-Term Exposure Limit (STEL).
Physician or other licensed health care professional is 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 one or more of the specific health care services required by subsection (k).
Regulated area means any area where airborne concentrations of BD exceed or can reasonably be expected to exceed the 8-hour time weighted average (8-hr TWA) exposure of 1 ppm or the short-term exposure limit (STEL) of 5 ppm for 15 minutes.
(D) Except for the initial monitoring required under subsection (d)(2), where the employer can document that exposure levels are equivalent for similar operations on different work shifts, the employer need only determine representative employee exposure for that operation from the shift during which the highest exposure is expected.
(A) Each employer who has a workplace or work operation covered by this section, shall perform initial monitoring to determine accurately the airborne concentrations of BD to which employees may be exposed, or shall rely on objective data pursuant to subsection (a)(2)(A) to fulfiill this requirement.
(B) Where the employer has monitored within two years prior to the effective date of this section and the monitoring satisfies all other requirements of this section, the employer may rely on such earlier monitoring results to satisfy the requirements of subsection (d)(2)(A), provided that the conditions under which the initial monitoring was conducted have not changed in a manner that may result in new or additional exposures.
(B) If the initial monitoring required by subsection (d)(2) reveals employee exposure to be above the 8-hour TWA limit, the employer shall repeat the representative monitoring required by subsection (d)(1)(B) at least every three months until the employer has collected two samples per quarter (each at least 7 days apart) within a two-year period, after which such monitoring must occur at least every six months.
(C) If the initial monitoring required by subsection (d)(2) reveals employee exposure to be above the STEL, the employer shall repeat the representative monitoring required by subsection (d)(1)(C) at least every three months until the employer has collected two samples per quarter (each at least 7 days apart) within a two-year period, after which such monitoring must occur at least every six months.
(D) The employer may alter the monitoring schedule from every six months to annually for any required representative monitoring for which two consecutive measurements taken at least 7 days apart indicate that employee exposure has decreased to or below the 8-hour TWA, but is at or above the action level.
(B) If the periodic monitoring required by subsection (d)(3) reveals that employee exposures, as indicated by at least two consecutive measurements taken at least 7 days apart, are below the action level and at or below the STEL, the employer may discontinue the monitoring for those employees who are represented by such monitoring.
(A) The employer shall institute the exposure monitoring required under subsection (d) whenever there has been a change in the production, process, control equipment, personnel or work practices that may result in new or additional exposures to BD or when the employer has any reason to suspect that a change may result in new or additional exposures.
(B) Whenever spills, leaks, ruptures or other breakdowns occur that may lead to employee exposure above the 8-hr TWA limit or above the STEL, the employer shall monitor [using leak source, such as direct reading instruments, area or personal monitoring], after the cleanup of the spill or repair of the leak, rupture or other breakdown, to ensure that exposures have returned to the level that existed prior to the incident.
(6) Accuracy of monitoring. Monitoring shall be accurate, at a confidence level of 95 percent, to within plus or minus 25 percent for airborne concentrations of BD at or above the 1 ppm TWA limit and to within plus or minus 35 percent for airborne concentrations of BD at or above the action level of 0.5 ppm and below the 1 ppm TWA limit.
(B) The employer shall, within 15 business days after receipt of any monitoring performed under this section indicating the 8-hour TWA or STEL has been exceeded, provide the affected employees, in writing, with information on the corrective action being taken by the employer to reduce employee exposure to or below the 8-hour TWA or STEL and the schedule for completion of this action.
(B) Observation procedures. When observation of the monitoring of employee exposure to BD requires entry into an area where the use of protective clothing or equipment is required, the employer shall provide the observer at no cost with protective clothing and equipment, and shall ensure that the observer uses this equipment and complies with all other applicable safety and health procedures.
(B) Wherever the feasible engineering controls and work practices which can be instituted are not sufficient to reduce employee exposure to or below the 8-hour TWA or STEL, the employer shall use them to reduce employee exposure to the lowest levels achievable by these controls and shall supplement them by the use of respiratory protection that complies with the requirements of subsection (h).
(A) Where any exposures are over the PELs, the employer shall establish and implement a written plan to reduce employee exposure to or below the PELs primarily by means of engineering and work practice controls, as required by subsection (f)(1), and by the use of respiratory protection where required or permitted under this section. No compliance plan is required if all exposures are under the PELs.
(C) Copies of the compliance plan required in subsection (f)(2) shall be furnished upon request for examination and copying to the Chief, NIOSH, affected employees and designated employee representatives. Such plans shall be reviewed at least every 12 months, and shall be updated as necessary to reflect significant changes in the status of the employer's compliance program.
2. Uses BD breakthrough data for this purpose that have been derived from tests conducted under worst case conditions of humidity, temperature, and air flow rate through the filter element. The employer shall describe the data supporting the cartridge/canister change schedule and the basis for reliance on the data in the employer's respirator program.
Table 1.--Minimum Requirements for Respiratory Protection for Airborne BD
Concentration of airborne BD (ppm) or condition of use | Minimum required respirator |
---|---|
Less than or equal to 5 ppm (5 times PEL). | (a) Air-purifying half mask or full facepiece respirator equipped with approved BD or organic vapor cartridges or canisters. Cartridges or canisters shall be replaced every 4 hours. |
Less than or equal to 10 ppm (10 times PEL). | (a) Air-purifying half mask or full facepiece respirator equipped with approved BD or organic vapor cartridges or canisters. Cartridges or canisters shall be replaced every 3 hours. |
Less than or equal to 25 ppm (25 times PEL). | (a) Air-purifying full facepiece respirator equipped with approved BD or organic vapor cartridges or canisters. Cartridges or canisters shall be replaced every 2 hours. |
(b) Any powered air-purifying respirator equipped with approved BD or organic vapor cartridges. PAPR cartridges shall be replaced every 2 hours. | |
(c) Continuous flow supplied air respirator equipped with a hood or helmet. | |
Less than or equal to 50 ppm (50 times PEL). | (a) Air-purifying full facepiece respirator equipped with approved BD or organic vapor cartridges or canisters. Cartridges or canisters shall be replaced every (1) hour. |
(b) Powered air-purifying respirator equipped with a tight-fitting facepiece and an approved BD or organic vapor cartridges. PAPR cartridges shall be replaced every (1) hour. | |
Less than or equal to 1,000 ppm (1,000 times PEL). | (a) Supplied air respirator equipped with a half mask of full facepiece and operated in a pressure demand or other positive pressure mode. |
Greater than 1000 ppm | (a) Self-contained breathing unknown concentration, or apparatus equipped with a firefighting full facepiece and operated in a pressure demand or other positive pressure mode. |
(b) Any supplied air respirator equipped with a full facepiece and operated in a pressure demand or other positive pressure mode in combination with an auxiliary self-contained breathing apparatus operated in a pressure demand or other positive pressure mode. | |
Escape from IDLH conditions. | (a) Any positive pressure self-contained breathing apparatus with an appropriate service life. |
(b) A air-purifying full facepiece respirator equipped with a front or back mounted BD or organic vapor canister. |
Notes: Respirators approved for use in higher concentrations are permitted to be used in lower concentrations. Full facepiece is required when eye irritation is anticipated.
(C) When an employee whose job requires the use of a respirator cannot use a negative pressure respirator, the employer must provide the employee with a respirator that has less breathing resistance, such as a powered air-purifying respirator or supplied air respirator, when the employee is able to use it and if it will provide adequate protection.
(j) Emergency situations. Written plan. A written plan for emergency situations shall be developed, or an existing plan shall be modified, to contain the applicable elements specified in section 3220, Emergency Action Plan, section 3221, Fire Prevention Plan, and in section 5192, Hazardous Waste Operations and Emergency Responses, for each workplace where there is a possibility of an emergency.
5. At the time of employee reassignment to an area where exposure to BD is below the action level, if the employee's past exposure history does not meet the criteria of subsection (j)(1)(B) for continued coverage in the screening and surveillance program, and if twelve months or more have elapsed since the last physical examination; and
1. A baseline health questionnaire that includes a comprehensive occupational and health history and is updated annually. Particular emphasis shall be placed on the hematopoietic and reticuloendothelial systems, including exposure to chemicals, in addition to BD, that may have an adverse effect on these systems, the presence of signs and symptoms that might be related to disorders of these systems, and any other information determined by the examining physician or other licensed health care professional to be necessary to evaluate whether the employee is at increased risk of material impairment of health from BD exposure. Health questionnaires shall consist of the sample forms in Appendix C to this section, or be equivalent to those samples;
(B) Medical screening for employees exposed to BD in an emergency situation shall focus on the acute effects of BD exposure and at a minimum include: A CBC within 48 hours of the exposure and then monthly for three months; and a physical examination if the employee reports irritation of the eyes, nose, throat, lungs, or skin, blurred vision, coughing, drowsiness, nausea, or headache. Continued employee participation in the medical screening and surveillance program, beyond these minimum requirements, shall be at the discretion of the physician or other licensed health care professional.
(A) Where the results of medical screening indicate abnormalities of the hematopoietic or reticuloendothelial systems, for which a non-occupational cause is not readily apparent, the examining physician or other licensed health care professional shall refer the employee to an appropriate specialist for further evaluation and shall make available to the specialist the results of the medical screening.
(A) For each medical evaluation required by this section, the employer shall ensure that the physician or other licensed health care professional produces a written opinion and provides a copy to the employer and the employee within 15 business days of the evaluation. The written opinion shall be limited to the following information:
Note: However, this provision does not negate the ethical obligation of the physician or other licensed health care professional to transmit any other adverse findings directly to the employee.
(C) Employers shall include BD in the hazard communication program established to comply with the HCS (Section 5194). Employers shall ensure that each employee has access to labels on containers of BD and to safety data sheets, and is trained in accordance with the requirements of HCS and subsection (l)(2) of this section.
(A) Where the processing, use, or handling of products or streams made from or containing BD are exempted from other requirements of this section under subsection (a)(2), or where objective data have been relied on in lieu of initial monitoring under subsection (d)(2)(B), the employer shall establish and maintain a record of the objective data reasonably relied upon in support of the exemption.
(A) Whenever the employer ceases to do business, the employer shall transfer records required by this section to the successor employer. The successor employer shall receive and maintain these records. If there is no successor employer, the employer shall notify NIOSH, at least three (3) months prior to disposal, and transmit them to NIOSH if requested by NIOSH within that period.
Credits
Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.
History
1. New section filed 5-29-97; operative 8-27-97 (Register 97, No. 22). For prior history, see Register 87, No. 51.
2. Change without regulatory effect amending subsections (b), (c)(1), (d)(2)(A)-(B), (d)(7)(B) and (p)(2) filed 12-23-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 52).
3. Amendment of former subsections (h)(1)-(h)(5)(C) including subsection renumbering and relettering resulting in newly designated subsections (h)(1)-(h)(3)(C), and amendment repealing appendix E and adding editorial reference filed 8-25-98; operative 11-23-98 (Register 98, No. 35).
4. Amendment of subsection (n) and repealer of subsections (n)(1)-(4) filed 7-6-99; operative 8-5-99 (Register 99, No. 28).
5. Amendment of subsection (h)(2)(A) filed 7-31-2003; operative 8-30-2003 (Register 2003, No. 31).
6. Amendment of subsection (l)(1), new subsections (l)(1)(A)-(C) and amendment of Note 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 subsection (l)(1), new subsections (l)(1)(A)-(C) and amendment of Note 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 (l)(1), new subsections (l)(1)(A)-(C) and amendment of Note filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 8, § 5201, 8 CA ADC § 5201
End of Document |