§ 5207. Cadmium.
8 CA ADC § 5207Barclays Official California Code of Regulations
8 CCR § 5207
§ 5207. Cadmium.
This standard applies to all occupational exposures to cadmium and cadmium compounds, in all forms, and in all industries except the construction-related industries, which are covered under section 1532.
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.
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 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).
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 time-weighted average exposure (TWA).
(C) Eight-hour TWA exposures shall be determined for each employee on the basis of one or more personal breathing zone 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.
(B) Where the employer has monitored after September 14, 1991, under conditions that in all important aspects closely resemble those currently prevailing and where that monitoring satisfies all other requirements, including the accuracy and confidence levels of subsection (d)(6), the employer may rely on such earlier monitoring results to satisfy the requirements of subsection (d)(2)(A).
(C) Where the employer has objective data, as defined in subsection (n)(2), demonstrating that employee exposure to cadmium will not exceed the action level under the expected conditions of processing, use, or handling, the employer may rely upon such data instead of implementing initial monitoring.
(A) If the initial monitoring or periodic monitoring reveals employee exposures to be at or above the action level, the employer shall monitor at a frequency and pattern needed to represent the levels of exposure of employees and where exposures are above the PEL to assure the adequacy of respiratory selection and the effectiveness of engineering and work practice controls. However, such exposure monitoring shall be performed at least every six months. The employer, at a minimum, shall continue these semi- annual measurements unless and until the conditions set out in subsection (d)(3)(B) are met.
(B) If the initial monitoring or the periodic monitoring indicates that employee exposures are below the action level and that result is confirmed by the results of another monitoring taken at least seven days later, the employer may discontinue the monitoring for those employees whose exposures are represented by such monitoring.
The employer also shall institute the exposure monitoring required under subsections (d)(2)(A) and (d)(3) whenever there has been a change in the raw materials, equipment, personnel, work practices, or finished products that may result in additional employees being exposed to cadmium at or above the action level or in employees already exposed to cadmium at or above the action level being exposed above the PEL, or whenever the employer has any reason to suspect that any other change might result in such further exposure.
(A) Within 15 working days after the receipt of the results of any monitoring performed under this section, the employer shall notify each affected employee individually in writing of the results. In addition, within the same time period the employer shall post the results of the exposure monitoring in an appropriate location that is accessible to all affected employees.
The employer shall use a method of monitoring and analysis that has an accuracy of not less than plus or minus 25 percent (± 25%), with a confidence level of 95 percent, for airborne concentrations of cadmium at or above the action level, the permissible exposure limit (PEL), and the separate engineering control air limit (SECAL).
The employer shall establish a regulated area wherever an employee's exposure to airborne concentrations of cadmium is, or can reasonably be expected to be in excess of the permissible exposure limit (PEL).
Regulated areas shall be demarcated from the rest of the workplace in any manner that adequately establishes and alerts employees of the boundaries of the regulated area.
Each person entering a regulated area shall be supplied with and required to use a respirator, selected in accordance with subsection (g)(2).
(B) Except as specified in subsections (f)(1)(C) and (D), in industries where a separate engineering control air limit (SECAL) has been specified for particular processes (See Table 1), the employer shall implement engineering and work practice controls to reduce and maintain employee exposure at or below the SECAL, except to the extent that the employer can demonstrate that such controls are not feasible.
TABLE I
Separate Engineering Control Airborne Limits (SECALs) for Processes in Selected Industries |
Industry | Process | SECAL (μg/m3) |
Nickel Cadmium Battery |
Plate making, plate preparation | 50 | ||
All other processes | 15 |
Zinc/Cadmium Refining* |
Cadmium refining, casting, melting, oxide production, sinter plant | 50 |
Pigment Manufacture |
Calcine, crushing, milling & blending | 50 | ||
All other processes | 15 |
Stabilizers* |
Cadmium oxide charging, crushing, drying & blending | 50 |
Lead Smelting* |
Sinter plant, blast furnace, baghouse & yard area | 50 |
Plating* |
Mechanical plating | 15 |
__________ |
* Processes in these industries that are not specified in this table must achieve the PEL using engineering controls and work practices as required in subsection f(1)(A).
(D) Wherever engineering and work practice controls are required and are not sufficient to reduce employee exposure to or below the PEL or, where applicable, the SECAL, the employer nonetheless shall implement such controls to reduce exposures to the lowest levels achievable. The employer shall supplement such controls with respiratory protection that complies with the requirements of subsection (g) and the PEL.
(A) Where the PEL is exceeded, the employer shall establish and implement a written compliance program to reduce employee exposure to or below the PEL by means of engineering and work practice controls, as required by subsection (f)(1). To the extent that engineering and work practice controls cannot reduce exposures to or below the PEL, the employer shall include in the written compliance program the use of appropriate respiratory protection to achieve compliance with the PEL.
For employees who are required to use respirators by this section, the employer must provide respirators that comply with the requirements of this subsection. Respirators must be used during:
(B) No employees must use a respirator if, based upon their most recent examination, the examining physician determines that they will be unable to continue to function normally while using a respirator. If the physician determines the employee must be limited in, or removed from their current inability to use a respirator, the limitation or removal must be in accordance with subsections (l)(11) and (12).
The employer shall develop and implement a written plan for dealing with emergency situations involving substantial releases of airborne cadmium. The plan shall include provisions for the use of appropriate respirators and personal protective equipment. In addition, employees not essential to correcting the emergency situation shall be restricted from the area and normal operations halted in that area until the emergency is abated.
If an employee is exposed to airborne cadmium above the PEL or where skin or eye irritation is associated with cadmium exposure at any level, the employer shall provide at no cost to the employee, and assure that the employee uses, appropriate protective work clothing and equipment that prevents contamination of the employee and the employee's garments. Protective work clothing and equipment includes, but is not limited to:
(B) The employer shall assure that no employee takes cadmium- contaminated protective clothing or equipment from the workplace, except for employees authorized to do so for purposes of laundering, cleaning, maintaining, or disposing of cadmium contaminated protective clothing and equipment at an appropriate location or facility away from the workplace.
(A) The employer shall provide the protective clothing and equipment required by subsection (i)(1) in a clean and dry condition as often as necessary to maintain its effectiveness, but in any event at least weekly. The employer is responsible for cleaning and laundering the protective clothing and equipment required by this subsection to maintain its effectiveness and is also responsible for disposing of such clothing and equipment.
(E) The employer shall inform any person who launders or cleans protective clothing or equipment contaminated with cadmium of the potentially harmful effects of exposure to cadmium and that the clothing and equipment should be laundered or cleaned in a manner to effectively prevent the release of airborne cadmium in excess of the PEL.
For employees whose airborne exposure to cadmium is above the PEL, the employer shall provide clean change rooms, handwashing facilities, showers, and lunchroom facilities that comply with Article 9.
(7) Waste, scrap, debris, bags, containers, personal protective equipment, and clothing contaminated with cadmium and consigned for disposal shall be collected and disposed of in sealed impermeable bags or other closed, impermeable containers. These bags and containers shall be labeled in accordance with subsection (m) of this section.
1. Currently exposed - The employer shall institute a medical surveillance program for all employees who are or may be exposed to cadmium at or above the action level unless the employer demonstrates that the employee is not, and will not be, exposed at or above the action level on 30 or more days per year (twelve consecutive months); and,
2. Previously exposed - The employer shall also institute a medical surveillance program for all employees who prior to the effective date of this section might previously have been exposed to cadmium at or above the action level by the employer, unless the employer demonstrates that the employee did not prior to the effective date of this section work for the employer in jobs with exposure to cadmium for an aggregated total of more than 60 months.
(C) The employer shall assure that all medical examinations and procedures required by this standard are performed by or under the supervision of a licensed physician, who has read and is familiar with the health effects section of Appendix A, the regulatory text of this section, the protocol for sample handling and laboratory selection in Appendix F, and the questionnaire of Appendix D. These examinations and procedures shall be provided without cost to the employee and at a time and place that is reasonable and convenient to employees.
(D) The employer shall assure that the collecting and handling of biological samples of cadmium in urine (CdU), cadmium in blood (CdB), and beta-2 microglobulin in urine (β2-M) taken from employees under this section is done in a manner that assures their reliability and that analysis of biological samples of cadmium in urine (CdU), cadmium in blood (CdB), and beta-2 microglobulin in urine (β2-M) taken from employees under this section is performed in laboratories with demonstrated proficiency for that particular analyte. (See Appendix F.)
(A) The employer shall provide an initial (preplacement) examination to all employees covered by the medical surveillance program required in subsection (l)(1)(A). The examination shall be provided to those employees within 30 days after initial assignment to a job with exposure to cadmium or no later than 90 days after the effective date of this section, whichever date is later.
1. A detailed medical and work history, with emphasis on: past, present, and anticipated future exposure to cadmium; any history of renal, cardiovascular, respiratory, hematopoietic, reproductive, and/or musculo-skeletal system dysfunction; current usage of medication with potential nephrotoxic side-effects; and smoking history and current status; and
(C) Recent Examination: An initial examination is not required to be provided if adequate records show that the employee has been examined in accordance with the requirements of subsection (l)(2)(B) within the past 12 months. In that case, such records shall be maintained as part of the employee's medical record and the prior exam shall be treated as if it were an initial examination for the purposes of subsections (l)(3) and (4).
2. for previously exposed employees, who are subject to medical surveillance under subsection (l)(1)(A)2., the employer shall provide biological monitoring for CdU, β2-M, and CdB one year after the initial biological monitoring and then the employer shall comply with the requirements of subsection (l)(4)(E).
3. within 90 days after receipt of biological monitoring results, provide a full medical examination to the employee in accordance with the requirements of subsection (l)(4)(B). After completing the medical examination, the examining physician shall determine in a written medical opinion whether to medically remove the employee. If the physician determines that medical removal is not necessary, then until the employee's CdU level falls to or below 3 μg/g Cr, β2-M level falls to or below 300 μg/g Cr and CdB level falls to or below 5 μg/lwb, the employer shall:
(C) For all employees who are subject to medical surveillance under subsection (l)(1)(A), if the results of the initial biological monitoring tests show the level of CdU to be in excess of 15 μg/g Cr, or the level of CdB to be in excess of 15 μg/lwb, or the level of β2-M to be in excess of 1,500 μg/g Cr, the employer shall comply with the requirements of subsections (l)(3)(B)1.-2. Within 90 days after receipt of biological monitoring results, the employer shall provide a full medical examination to the employee in accordance with the requirements of subsection (l)(4)(B). After completing the medical examination, the examining physician shall determine in a written medical opinion whether to medically remove the employee. However, if the initial biological monitoring results and the biological monitoring results obtained during the medical examination both show that: CdU exceeds 15 μg/g Cr; or CdB exceeds 15 μg/lwb; or β2-M exceeds 1500 μg/g Cr, and in addition CdU exceeds 3 μg/g Cr or CdB exceeds 5 μg/liter of whole blood, then the physician shall medically remove the employee from exposure to cadmium at or above the action level. If the second set of biological monitoring results obtained during the medical examination does not show that a mandatory removal trigger level has been exceeded, then the employee is not required to be removed by the mandatory provisions of this subsection. If the employee is not required to be removed by the mandatory provisions of this subsection or by the physician's determination, then until the employee's CdU level falls to or below 3 μg/g Cr, β2-M level falls to or below 300 μg/g Cr and CdB level falls to or below 5 μg/lwb, the employer shall:
1. If the results of the initial biological monitoring tests show the employee's CdU level to be at or below 3 μg/g Cr, β2-M level to be at or below 300 μg/g Cr and CdB level to be at or below 5 μg/lwb, then for currently exposed employees, the employer shall comply with the requirements of subsection (l)(3)(A)1., and for previously exposed employees, the employer shall comply with the requirements of subsection (l)(3)(A)2.;
3. If the results of the initial biological monitoring tests show the level of CdU to be in excess of 7 μg/g Cr, or the level of CdB to be in excess of 10 μg/lwb, or the level of β2-M to be in excess of 750 μg/g Cr, the employer shall: comply with the requirements of subsections (l)(3)(B)1.-2.; and, within 90 days after receipt of biological monitoring results, provide a full medical examination to the employee in accordance with the requirements of subsection (l)(4)(B). After completing the medical examination, the examining physician shall determine in a written medical opinion whether to medically remove the employee. However, if the initial biological monitoring results and the biological monitoring results obtained during the medical examination both show that: CdU exceeds 7 μg/g Cr; or CdB exceeds 10 μg/lwb; or β2-M exceeds 750 μg/g Cr, and in addition CdU exceeds 3 μg/g Cr or CdB exceeds 5 μg/liter of whole blood, then the physician shall medically remove the employee from exposure to cadmium at or above the action level. If the second set of biological monitoring results obtained during the medical examination does not show that a mandatory removal trigger level has been exceeded, then the employee is not required to be removed by the mandatory provisions of this subsection. If the employee is not required to be removed by the mandatory provisions of this subsection or by the physician's determination, then until the employee's CdU level falls to or below 3 μg/g Cr, β2-M level falls to or below 300 μg/g Cr and CdB level falls to or below 5 μg/lwb, the employer shall: periodically reassess the employee's occupational exposure to cadmium; provide biological monitoring in accordance with subsection (l)(2)(B)2. on a quarterly basis; and provide semiannual medical examinations in accordance with subsection (l)(4)(B).
(A) For each employee who is covered under subsection (l)(1)(A)1., the employer shall provide at least the minimum level of periodic medical surveillance, which consists of periodic medical examinations and periodic biological monitoring. A periodic medical examination shall be provided within one year after the initial examination required by subsection (l)(2) and thereafter at least biennially. Biological sampling shall be provided at least annually, either as part of a periodic medical examination or separately as periodic biological monitoring.
1. A detailed medical and work history, or update thereof, with emphasis on: past, present and anticipated future exposure to cadmium; smoking history and current status; reproductive history; current use of medications with potential nephrotoxic side-effects; any history of renal, cardiovascular, respiratory, hematopoietic, and/or musculo-skeletal system dysfunction; and as part of the medical and work history, for employees who wear respirators, questions 3-11 and 25-32 in Appendix D;
(D) If the results of periodic biological monitoring or the results of biological monitoring performed as part of the periodic medical examination show the level of the employee's CdU, β2-M, or CdB to be in excess of the levels specified in subsections (l)(3)(B)-(C); or, beginning on January 1, 1999, in excess of the levels specified in subsections (l)(3)(B) or (D), the employer shall take the appropriate actions specified in subsections (l)(3)(B)-(D).
1. If the employee's levels of CdU did not exceed 3 μg/g Cr, CdB did not exceed 5 μg/lwb, and β2-M did not exceed 300 μg/g Cr in the initial biological monitoring tests, and if the results of the followup biological monitoring required by subsection (l)(3)(A)2. one year after the initial examination confirm the previous results, the employer may discontinue all periodic medical surveillance for that employee.
2. If the initial biological monitoring results for CdU, CdB, or β2-M were in excess of the levels specified in (l)(3)(A), but subsequent biological monitoring results required by (l)(3)(B)-(D) show that the employee's CdU levels no longer exceed 3 μg/g Cr, CdB levels no longer exceed 5 μg/lwb, and β2-M levels no longer exceed 300 μg/g Cr, the employer shall provide biological monitoring for CdU, CdB, and β2-M one year after these most recent biological monitoring results. If the results of the followup biological monitoring, specified in this subsection, confirm the previous results, the employer may discontinue all periodic medical surveillance for that employee.
3. However, if the results of the follow-up tests specified in (l)(4)(E)1. or 2. indicate that the level of the employee's CdU, β2-M, or CdB exceeds these same levels, the employer is required to provide annual medical examinations in accordance with the provisions of subsection (l)(4)(B) until the results of biological monitoring are consistently below these levels or the examining physician determines in a written medical opinion that further medical surveillance is not required to protect the employee's health.
(F) A routine, biennial medical examination is not required to be provided in accordance with subsections (l)(3)(A) and (l)(4) if adequate medical records show that the employee has been examined in accordance with the requirements of subsection (l)(4)(B) within the past 12 months. In that case, such records shall be maintained by the employer as part of the employee's medical record, and the next routine, periodic medical examination shall be made available to the employee within two years of the previous examination.
(A) If the results of a medical examination carried out in accordance with this section indicate any laboratory or clinical finding consistent with cadmium toxicity that does not require employer action under subsections (l)(2), (3) or (4), the employer, within 30 days, shall reassess the employee's occupational exposure to cadmium and take the following corrective action until the physician determines they are no longer necessary:
(A) To determine an employee's fitness for respirator use, the employer shall provide a medical examination that includes the elements specified in (l)(6)1.-4.. This examination shall be provided prior to the employee's being assigned to a job that requires the use of a respirator or no later than 90 days after this section goes into effect, whichever date is later, to any employee without a medical examination within the preceding 12 months that satisfies the requirements of this subsection.
1. A detailed medical and work history, or update thereof, with emphasis on: past exposure to cadmium; smoking history and current status; any history of renal, cardiovascular, respiratory, hematopoietic, and/or musculo-skeletal system dysfunction; a description of the job for which the respirator is required; and questions 3-11 and 25-32 in Appendix D;
(C) Whenever an employee has exhibited difficulty in breathing during a respirator fit test or during use of a respirator, the employer, as soon as possible, shall provide the employee with a periodic medical examination in accordance with subsection (l)(4)(B) to determine the employee's fitness to wear a respirator.
(D) Where the results of the examination required under subsection (l)(6)(A), (B) or (C) are abnormal, medical limitation or prohibition of respirator use shall be considered. If the employee is allowed to wear a respirator, the employee's ability to continue to do so shall be periodically evaluated by a physician.
(A) At termination of employment, the employer shall provide a medical examination in accordance with subsection (l)(4)(B), including a chest X-ray, to any employee to whom at any prior time the employer was required to provide medical surveillance under subsections (l)(1)(A) or (l)(7). However, if the last examination satisfied the requirements of subsection (l)(4)(B) and was less than six months prior to the date of termination, no further examination is required unless otherwise specified in subsections (l)(3) or (l)(5);
The employer shall provide the following information to the examining physician:
5. A statement that the physician has clearly and carefully explained to the employee the results of the medical examination, including all biological monitoring results and any medical conditions related to cadmium exposure that require further evaluation or treatment, and any limitation on the employee's diet or use of medications.
1. The employer shall temporarily remove an employee from work where there is excess exposure to cadmium on each occasion that medical removal is required under subsections (l)(3), (l)(4), or (l)(6) and on each occasion that a physician determines in a written medical opinion that the employee should be removed from such exposure. The physician's determination may be based on biological monitoring results, inability to wear a respirator, evidence of illness, other signs or symptoms of cadmium-related dysfunction or disease, or any other reason deemed medically sufficient by the physician.
4. For any employee who is medically removed under the provisions of subsection (l)(11)(A), the employer shall provide follow-up biological monitoring in accordance with (l)(2)(B)2. at least every three months and follow-up medical examinations semi-annually at least every six months until in a written medical opinion the examining physician determines that either the employee may be returned to his/her former job status as specified under (l)(11)(D)-(E) or the employee must be permanently removed from excess cadmium exposure.
(D) Except as specified in subsection (l)(11)(E), no employee who was removed because his/her level of CdU, CdB and/or ι2-M exceeded the medical removal trigger levels in subsections (l)(3) or (l)(4) may be returned to work with exposure to cadmium at or above the action level until the employee's levels of CdU fall to or below 3 μg/g Cr, CdB falls to or below 5 μg/lwb, and ι2-M falls to or below 300 μg/g Cr.
(E) However, when in the examining physician's opinion continued exposure to cadmium will not pose an increased risk to the employee's health and there are special circumstances that make continued medical removal an inappropriate remedy, the physician shall fully discuss these matters with the employee, and then in a written determination may return a worker to his/her former job status despite what would otherwise be unacceptably high biological monitoring results. Thereafter, the returned employee shall continue to be provided with medical surveillance as if he/she were still on medical removal until the employee's levels of CdU fall to or below 3 μg/g Cr, CdB falls to or below 5 μg/lwb, and ι2-M falls to or below 300 μg/g Cr.
(F) Where an employer, although not required by(l)(11)(A)-(C) to do so, removes an employee from exposure to cadmium or otherwise places limitations on an employee due to the effects of cadmium exposure on the employee's medical condition, the employer shall provide the same medical removal protection benefits to that employee under subsection (l)(12) as would have been provided had the removal been required under subsection (l)(11)(A)-(C).
(B) For purposes of this section, the requirement that the employer provide MRPB means that the employer shall maintain the total normal earnings, seniority, and all other employee rights and benefits of the removed employee, including the employee's right to his/her former job status, as if the employee had not been removed from the employee's job or otherwise medically limited.
(B) The employer shall promptly notify an employee of the right to seek a second medical opinion after each occasion that an initial physician provided by the employer conducts a medical examination or consultation pursuant to this section. The employer may condition its participation in, and payment for, multiple physician review upon the employee doing the following within fifteen (15) days after receipt of this notice, or receipt of the initial physician's written opinion, whichever is later:
The employer and an employee or designated employee representative may agree upon the use of any alternate form of physician determination in lieu of the multiple physician review provided by subsection (l)(13), so long as the alternative is expeditious and at least as protective of the employee.
(C) Employers shall include cadmium 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 cadmium and to safety data sheets, and is trained in accordance with the requirements of HCS and subsection (m)(4) of this section.
DANGER
CADMIUM MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS AND KIDNEYS
WEAR RESPIRATORY PROTECTION IN THIS AREA AUTHORIZED
PERSONNEL ONLYDANGER
CONTAINS CADMIUM
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS AND KIDNEYS
AVOID CREATING DUST(C) Prior to June 1, 2015, employers may include the following information on shipping and storage containers containing cadmium, cadmium compounds, or cadmium contaminated clothing, equipment, waste, scrap, or debris in lieu of the labeling requirements specified in subsections (m)(1)(A) and (m)(3)(B) of this section:
DANGER
CONTAINS CADMIUM
CANCER HAZARD
AVOID CREATING DUST
CAN CAUSE LUNG AND KIDNEY DISEASE4. The measures employees can take to protect themselves from exposure to cadmium, including modification of such habits as smoking and personal hygiene, and specific procedures the employer has implemented to protect employees from exposure to cadmium such as appropriate work practices, emergency procedures, and the provision of personal protective equipment;
(A) For purposes of this section, objective data are information demonstrating that a particular product or material containing cadmium or a specific process, operation, or activity involving cadmium cannot release dust or fumes in concentrations at or above the action level even under the worst-case release conditions. Objective data can be obtained from an industry-wide study or from laboratory product test results from manufacturers of cadmium-containing products or 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.
3. A copy of the medical history, and the results of any physical examination and all test results that are required to be provided by this section, including biological tests, X-rays, pulmonary function tests, etc., or that have been obtained to further evaluate any condition that might be related to cadmium exposure;
The employer shall certify that employees have been trained by preparing a certification record which includes the identity of the person trained, the signature of the employer or the person who conducted the training, and the date the training was completed. The certification records shall be prepared at the completion of training and shall be maintained on file for one (1) year beyond the date of training of that employee.
(B) Within 15 days after a request, the employer shall make an employee's medical records required to be kept by subsection (n)(3) available for examination and copying to the subject employee, to designated representatives, to anyone having the specific written consent of the subject employee, and after the employee's death or incapacitation, to the employee's family members.
Whenever an employer ceases to do business and there is no successor employer to receive and retain records for the prescribed period or the employer intends to dispose of any records required to be preserved for at least 30 years, the employer shall comply with the requirements concerning transfer of records set forth in section 3204 (h).
The employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to cadmium.
When observation of monitoring requires entry into an area where the use of protective clothing or equipment is required, the employer shall provide the observer with that clothing and equipment and shall assure that the observer uses such clothing and equipment and complies with all other applicable safety and health procedures.
All obligations of this section commence on the effective date except as follows:
(A) Exposure monitoring. Except for small businesses [nineteen (19) or fewer employees], initial monitoring required by subsection (d)(2) shall be completed as soon as possible and in any event no later than 60 days after the effective date of this standard. For small businesses, initial monitoring required by subsection (d)(2) shall be completed as soon as possible and in any event no later than 120 days after the effective date of this standard.
(B) Regulated areas. Except for small business, defined under subsection (q)(2)(A) above, regulated areas required to be established by subsection (e) shall be set up as soon as possible after the results of exposure monitoring are known and in any event no later than 90 days after the effective date of this section. For small businesses, regulated areas required to be established by subsection (e) shall be set up as soon as possible after the results of exposure monitoring are known and in any event no later than 150 days after the effective date of this section.
(g) shall be provided as soon as possible and in any event no later than 90 days after the effective date of this section. For small businesses, respiratory protection required by subsection (g) shall be provided as soon as possible and in any event no later than 150 days after the effective date of this section.
(E) Methods of compliance. The engineering controls required by subsection (f)(1) shall be implemented as soon as possible and in any event no later than two (2) years after the effective date of this section. Work practice controls shall be implemented as soon as possible. Work practice controls that are directly related to engineering controls to be implemented in accordance with the compliance plan shall be implemented as soon as possible after such engineering controls are implemented.
(G) Employee information and training. Except for small businesses, defined under subsection (q)(2)(A) above, employee information and training required by subsection (m)(4) shall be provided as soon as possible and in any event no later than 90 days after the effective date of this standard. For small businesses, employee information and training required by subsection (m)(4) shall be provided as soon as possible and in any event no later than 180 days after the effective date of this standard.
(H) Medical surveillance. Except for small businesses, defined under subsection (q)(2)(A) above, initial medical examinations required by subsection (l) shall be provided as soon as possible and in any event no later than 90 days after the effective date of this standard. For small businesses, initial medical examinations required by subsection (l) shall be provided as soon as possible and in any event no later than 180 days after the effective date of this standard.
(2) Except where portions of appendices A, B, D, E, and F to this section are expressly incorporated in requirements of this section, these appendices are purely informational and are not intended to create any additional obligations not otherwise imposed or to detract from any existing obligations.
Credits
Note: Authority cited: Sections 142.3, 9020, 9030 and 9040, Labor Code. Reference: Sections 142.3, 9004(d), 9009, 9020, 9030, 9031 and 9040, Labor Code.
History
1. New section filed 4-30-93; operative 6-14-93 (Register 93, No. 18). For prior history, see Register 87, No. 51.
2. Editorial correction of Appendix F, subsections 4.2, 5.1.1, 5.1.7.2, 5.2.7.1, and 6.0, and Storage Data Table (Register 97, No. 1).
3. Repealer of subsection (f)(4), amendment of subsections (g)(2)(A) (Table), (l)(3)(A)2., (l)(4)(D)-(l)(4)(D)2., (l)(6)(D), (l)(11)(D), (l)(16) and (m)(4)(C)8., and amendment of Appendix C adding new subsection B.4-B.4.(b)(11) filed 1-2-97; operative 1-2-97 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 97, No. 1).
4. Change without regulatory effect amending appendix A filed 1-13-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 3).
5. Amendment of former subsections (g)(1)-(g)(4)(E) including subsection renumbering and relettering resulting in newly designated subsections (g)(1)-(g)(3)(B)2., and amendment repealing appendix C and adding editorial reference filed 8-25-98; operative 11-23-98 (Register 98, No. 35).
6. Editorial correction moving Note and Histories 1-5 from following Appendix F to preceding Appendix A (Register 99, No. 28).
7. Amendment of subsection (p) and repealer of subsections (p)(1)-(4) filed 7-6-99; operative 8-5-99 (Register 99, No. 28).
8. Amendment of subsection (g)(2)(A) filed 7-31-2003; operative 8-30-2003 (Register 2003, No. 31).
9. Amendment of subsection (g)(3)(A) and new subsections (g)(3)(C)-(D) filed 3-6-2007; operative 3-6-2007. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2007, No. 10).
10. Editorial correction of subsection (g)(2)(A) (Register 2008, No. 6).
11. Change without regulatory effect providing more legible illustration for Appendix F, Figure 1 filed 3-2-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 10).
12. Change without regulatory effect amending Appendix B, paragraph I.A.1. filed 8-25-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 35).
13. Amendment of subsection (k)(7), repealer and new subsection (m)(1), new subsections (m)(1)(A)-(C), amendment of subsection (m)(2)(B), repealer and new subsection (m)(2)(C), new subsection (m)(2)(D), amendment of subsection (m)(3)(B), new subsection (m)(3)(C) and subsection relettering 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).
14. Amendment of subsection (k)(7), repealer and new subsection (m)(1), new subsections (m)(1)(A)-(C), amendment of subsection (m)(2)(B), repealer and new subsection (m)(2)(C), new subsection (m)(2)(D), amendment of subsection (m)(3)(B), new subsection (m)(3)(C) and subsection relettering 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).
15. Repealer of 11-6-2013 order by operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No. 19).
16. Amendment of subsection (k)(7), repealer and new subsection (m)(1), new subsections (m)(1)(A)-(C), amendment of subsection (m)(2)(B), repealer and new subsection (m)(2)(C), new subsection (m)(2)(D), amendment of subsections (m)(3)(A)-(B), new subsection (m)(3)(C) and subsection relettering filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19).
17. Change without regulatory effect amending Appendix F, subsection 2.0, definition of “Accuracy” filed 9-7-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 36).
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 8, § 5207, 8 CA ADC § 5207
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