§ 5208. Asbestos.
8 CA ADC § 5208Barclays Official California Code of Regulations
8 CCR § 5208
§ 5208. Asbestos.
“Asbestos” includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated and/or altered.
“Asbestos-containing material (ACM)” means any material containing more than 1% asbestos.
“Chief” means the Chief of the Division of Occupational Safety and Health, California Department of Industrial Relations.
“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.
“Director” means the Director of the National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee.
“Employee exposure” means that exposure to airborne asbestos that would occur if the employee were not using respiratory protective equipment.
“Fiber” means a particulate form of asbestos 5 micrometers or longer, with a length-to-diameter ratio of at least 3 to 1.
“High-efficiency particulate air (HEPA) filter” means a filter capable of trapping and retaining at least 99.97 percent of 0.3 micrometer diameter monodisperse particles.
“Homogeneous area” means an area of surfacing material or thermal system insulation that is uniform in color and texture.
“Incident” means any unanticipated event which causes, or is immediately likely to cause, an exposure of an employee, unprotected by an appropriate respirator, to asbestos fibers in excess of the permissible exposure limit.
“Industrial hygienist” means a professional qualified by education, training, and experience to anticipate, recognize, evaluate and develop controls for occupational health hazards.
“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 (j)(8) of this section.
“Regulated area” means an area established by the employer to demarcate areas where airborne concentrations of asbestos exceed, or there is a reasonable possibility they may exceed, the permissible exposure limits.
“Surfacing ACM” means surfacing material which contains more than 1% asbestos.
“Surfacing materials” means material that is sprayed, troweled-on or otherwise applied to surfaces (such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, and other purposes).
“Thermal System Insulation (TSI)” means ACM applied to pipes, fittings, boilers, breeching, tanks, ducts or other structural components to prevent heat loss or gain.
“Thermal System Insulation ACM” means thermal system insulation which contains more than 1% asbestos.
(1) Time-weighted average limit (TWA): The employer shall ensure that no employee is exposed to an airborne concentration of asbestos in excess of 0.1 fiber per cubic centimeter (0.1 f/cc) of air as an eight (8)-hour time-weighted average (TWA) as determined by the method prescribed in Appendix A to this section, or by an equivalent method.
(2) Excursion limit: The employer shall ensure that no employee is exposed to an airborne concentration of asbestos in excess of 1.0 fiber per cubic centimeter of air (1 f/cc) as averaged over a sampling period of thirty (30) minutes as determined by the method prescribed in Appendix A to this section, or by an equivalent method.
(B) Representative 8-hour TWA employee exposures shall be determined on the basis of one or more samples representing full- shift exposures for each shift for each employee in each job classification in each work area. Representative 30-minute short- term employee exposures shall be determined on the basis of one or more samples representing 30 minute exposures associated with operations that are most likely to produce exposures above the excursion limit for each shift for each job classification in each work area.
(A) Each employer who has a workplace or work operation covered by this standard, except as provided for in subsections (d)(2)(B) and (d)(2)(C) of this section, shall perform initial monitoring of employees who are, or may reasonably be expected to be exposed to airborne concentrations at or above the TWA permissible exposure limit and/or excursion limit.
(B) Where the employer has monitored after March 31, 1992, for the TWA permissible exposure limit and/or the excursion limit, 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) of this section.
(C) Where the employer has relied upon objective data that demonstrate that asbestos is not capable of being released in airborne concentrations at or above the TWA permissible exposure limit and/or excursion limit under the expected conditions of processing, use, or handling, then no initial monitoring is required.
(3) Monitoring frequency (periodic monitoring) and patterns: After the initial determinations required by subsection (d)(2)(A) of this section, samples shall be of such frequency and pattern as to represent with reasonable accuracy the levels of exposure of the employees. In no case shall sampling be at intervals greater than six months for employees whose exposures may reasonably be foreseen to exceed the TWA permissible exposure limit and/or excursion limit.
(4) Changes in monitoring frequency: If either the initial or the periodic monitoring required by subsection (d)(2) and (d)(3) of this section statistically indicates that employee exposures are below the TWA permissible exposure limit and/or excursion limit, the employer may discontinue the monitoring for those employees whose exposures are represented by such monitoring.
(5) Additional monitoring: Notwithstanding the provisions of subsections (d)(2)(B) and (d)(4) of this section, the employer shall institute the exposure monitoring required under subsections (d)(2)(A) and (d)(3) of this section whenever there has been a change in the production, process, control equipment, personnel or work practices that may result in new or additional exposures above the TWA permissible exposure limit and/or excursion limit or when the employer has any reason to suspect that a change may result in new or additional exposures above the PEL and/or excursion limit.
(B) The written notification required by subsection (d)(7)(A) of this section shall contain the corrective action being taken by the employer to reduce employee exposure to or below the TWA and/or excursion limit, wherever monitoring results indicated that the TWA and/or excursion limit had been exceeded.
(B) Wherever the feasible engineering controls and work practices that can be instituted are not sufficient to reduce employee exposure to or below the TWA and/or excursion limit prescribed in subsection (c) of this section, 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 (g) of this section.
(C) Particular tools: All hand-operated and power-operated tools which would produce or release fibers of asbestos, such as, but not limited to, saws, scorers, abrasive wheels, and drills, shall be provided with local exhaust ventilation systems which comply with subsection (f)(1)(E) of this section.
(D) For the following operations, wherever feasible engineering controls and work practices that can be instituted are not sufficient to reduce the employee exposure to or below the TWA and/or excursion limit prescribed in subsection (c) of this section, the employer shall use them to reduce employee exposure to or below 0.5 fiber per cubic centimeter of air (as an eight-hour time-weighted average) or 2.5 fibers/cc for 30 minutes (short-term exposure) and shall supplement them by the use of any combination of respiratory protection that complies with the requirements of subsection (g) of this section, work practices and feasible engineering controls that will reduce employee exposure to or below the TWA and to or below the excursion limit permissible prescribed in subsection (c) of this section:
Coupling cutoff in primary asbestos cement pipe manufacturing; sanding in primary and secondary asbestos cement sheet manufacturing; grinding in primary and secondary friction product manufacturing; carding and spinning in dry textile processes; and grinding and sanding in primary plastics manufacturing.
(E) Local exhaust ventilation: Local exhaust ventilation and dust collection systems shall be designed, constructed, installed, and maintained in accordance with good practices such as those found in the American National Standard Fundamentals Governing the Design and Operation of Local Exhaust Systems, ANSI Z9.2-1979.
(F) Wet methods: Insofar as practicable, asbestos shall be handled, mixed, applied, removed, cut, scored, or otherwise worked in a wet state sufficient to prevent the emission of airborne fibers so as to expose employees to levels in excess of the TWA and/or excursion limit, prescribed in subsection (c) of this section, unless the usefulness of the product would be diminished thereby.
(G) Particular products and operations: No asbestos cement, mortar, coating, grout, plaster, or similar material containing asbestos, shall be removed from bags, cartons, or other containers in which they are shipped, without being either wetted, or enclosed, or ventilated so as to prevent effectively the release of airborne fibers.
Exceptions:
(A) Where the TWA and/or excursion limit is exceeded, the employer shall establish and implement a written program to reduce employee exposure to or below the TWA and to or below the excursion limit by means of engineering and work practice controls as required by subsection (f)(1) of this section, and by the use of respiratory protection where required or permitted under this section.
(A) Engineering controls and work practices for brake and clutch repair and service: During automotive brake and clutch inspection, disassembly, repair and assembly operations, the employer shall institute engineering controls and work practices to reduce employee exposure to materials containing asbestos using the negative pressure enclosure/HEPA vacuum system requirements set out in Appendix F to this section. The employer may also comply using an equivalent method which follows written procedures which the employer demonstrates can achieve results equivalent to Method A in Appendix F to this section. For facilities in which no more than 5 pair of brakes or 5 clutches are inspected, disassembled, repaired, or assembled per week, the method set forth in subsection [D] of Appendix F to this section may be used.
(B) The employer may also comply by using an equivalent method which follows written procedures, which the employer demonstrates can achieve equivalent exposure reductions as do the two “preferred methods.” Such demonstration must include monitoring data conducted under workplace conditions closely resembling the process, type of asbestos containing materials, control method, work practices and environmental conditions which the equivalent method will be used, or objective data, which document that under all reasonably foreseeable conditions of brake and clutch repair applications, the method results in exposures which are equivalent to the methods set out in Appendix F to this section.
(C) No employee must be assigned to tasks requiring the use of respirators if, based on their most recent examination, an examining physician determines that the employee will be unable to function normally using a respirator, or that the safety or health of the employee or other employees will be impaired by the use of a respirator. Such employees must be assigned to another job or given the opportunity to transfer to a different position, the duties of which they can perform. If such a transfer position is available, the position must be with the same employer, in the same geographical area, and with the same seniority, status, and rate of pay the employee had just prior to such transfer.
(1) Provision and use: If an employee is exposed to asbestos above the TWA and/or excursion limit, or where the possibility of eye irritation exists, the employer shall provide, at no cost to the employee and ensure that the employee uses, appropriate protective work clothing and equipment such as, but not limited to:
Introduction: This section applies to the communication of information concerning asbestos hazards in general industry to facilitate compliance with this standard. Asbestos exposure in general industry occurs in a wide variety of industrial and commercial settings. Employees who manufacture asbestos-containing products may be exposed to asbestos fibers. Employees who repair and replace automotive brakes and clutches may be exposed to asbestos fibers. In addition, employees engaged in housekeeping activities in industrial facilities with asbestos product manufacturing operations, and in public and commercial buildings with installed asbestos containing materials may be exposed to asbestos fibers. Most of these workers are covered by this general industry standard. It should be noted that employees who perform housekeeping activities during and after construction activities are covered by the asbestos construction standard, Section 1529. However, housekeeping employees, regardless of industry designation, should know whether building components they maintain may expose them to asbestos. The same hazard communication provisions will protect employees who perform housekeeping operations in all three asbestos standards; general industry, construction, and shipyard employment. As noted in the construction standard, building owners are often the only and/or best source of information concerning the presence of previously installed asbestos containing building materials. Therefore they, along with employers of potentially exposed employees, are assigned specific information conveyance and retention duties under this section.
(C) Employers shall include asbestos 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 asbestos and to safety data sheets, and is trained in accordance with the requirements of HCS and subsection (j)(7) of this section.
(2) Installed Asbestos Containing Material: Employers and building owners are required to treat installed TSI and sprayed on and troweled-on surfacing materials as ACM in buildings constructed no later than 1980 for purposes of this standard. These materials are designated “presumed ACM” or “PACM”, and are defined in subsection (b) of this section. Asphalt and vinyl flooring material installed no later than 1980 also must be treated as asbestos-containing. The employer or building owner may demonstrate that PACM and flooring material do not contain asbestos by complying with subsection (j)(8)(C) of this section.
(A) Building and facility owners shall determine the presence, location, and quantity of ACM and/or PACM at the work site. Employers and building and facility owners shall exercise due diligence in complying with these requirements to inform employers and employees about the presence and location of ACM and PACM.
(B) Building and facility owners shall maintain records of all information required to be provided pursuant to this section and/or otherwise known to the building owner concerning the presence, location and quantity of ACM and PACM in the building/facility. Such records shall be kept for the duration of ownership and shall be transferred to successive owners.
Identification of ACM and PACM shall be made by an industrial hygienist or by persons whose skill and experience with respect to identification of asbestos hazards, is the equivalent to that of industrial hygienists and so can be demonstrated by the owner.
DANGER
ASBESTOS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AUTHORIZED PERSONNEL ONLYWEAR RESPIRATORS AND PROTECTIVE CLOTHING
IN THIS AREADANGER
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY(D) At the entrance to mechanical rooms/areas in which employees reasonably can be expected to enter and which contain 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.
(A) Labeling: Labels shall be affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing asbestos fibers, or to their containers. When a building owner or employer identifies previously installed ACM and/or PACM, labels or signs shall be affixed or posted so that employees will be notified of what materials contain ACM and/or PACM. 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 rooms/areas. Signs required by subsection (j) of this section may be posted in lieu of labels so long as they contain information required for labeling.
DANGER
CONTAINS ASBESTOS
FIBERS MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
DO NOT BREATHE DUST
AVOID CREATING DUST(C) 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 (j)(1)(A) and (j)(5)(B) of this section:
DANGER
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD(A) Asbestos fibers have been modified by a bonding agent, coating, binder, or other material, provided that the manufacturer has demonstrated by objective data that during all reasonably foreseeable uses, handling, storage, disposal, processing, or transportation, no airborne concentrations of asbestos fibers in excess of the TWA permissible exposure level and/or excursion limit will be released. The record of objective data shall include at least those elements specified in subsection (m)(2)(B) of this section.
Note: Section 5194 requires that manufactured and imported products containing more than 0. 1 % asbestos by weight be labeled with an appropriate warning. The exemption specified in subsection (j)(6)(B) only applies to waste products or waste containers.
(D) The employer shall also provide, at no cost to employees who perform housekeeping operations in an area which contains ACM or PACM, an asbestos awareness training course, which shall at a minimum contain the following elements: health effects of asbestos, locations of ACM and PACM in the building/facility, recognition of ACM and PACM damage and deterioration, requirements in this standard relating to housekeeping, and proper response to fiber release episodes--to all employees who perform housekeeping work in areas where ACM and/or PACM is present. Each such employee shall be so trained at least once a year.
3. 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 I to this section.
(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 (j)(8)(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 (m) of this section.
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 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 nationally recognized round robin testing program.
(B) The scope of the medical examination shall be in conformance with the protocol established in subsection (l)(2)(D) of this section, except that the frequency of chest roentgenogram shall be conducted in accordance with Table 2, and the abbreviated standardized questionnaire contained in, Part 2 of Appendix D to this section shall be administered to the employee.
TABLE 2.
FREQUENCY OF CHEST ROENTGENOGRAM
(5) Recent examinations: No medical examination is required of any employee if adequate records show that the employee has been examined in accordance with any of subsections (l)(2) through (l)(4) of this section within the past 1 year period. A pre-employment medical examination which was required as a condition of employment by the employer, may not be used by that employer to meet the requirements of this subsection, unless the cost of such examination is borne by the employer.
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.
(A) Where the processing, use, or handling of products made from or containing asbestos is exempted from other requirements of this section under subsection (d)(2)(C) of this section, the employer shall establish and maintain an accurate record of objective data reasonably relied upon in support of the exemption.
(2) Observation procedures: When observation of the monitoring of employee exposure to asbestos requires entry into an area where the use of protective clothing or equipment is required, the observer shall be provided with and be required to use such clothing and equipment and shall comply with all other applicable safety and health procedures.
Exceptions:
C. Products in which the asbestos fibers have been modified by a bonding agent, coating, binder, or other material, provided that the manufacturer has demonstrated by objective data that during all reasonably foreseeable uses, handling, storage, disposal, processing or transportation, no airborne concentrations of asbestos fibers in excess of the PEL [TWA] and/or excursion limit will be released. The record of objective data shall include at least those elements specified in subsection (m)(2)(B) of this section.
Credits
Note: Authority cited: Sections 142.3, 6501.5, 9020, 9021.5, 9030, and 9040, Labor Code. Reference: Sections 142.3, 6501.5, 6501.7, 6501.8, 6501.9, 6502, 9003, 9004(b), 9005, 9006, 9009, 9020, 9021.5, 9030, and 9040, Labor Code; and Section 25910, Health and Safety Code.
History
1. Amendment of subsections (a) and (g)(1)(B), and new Appendix A filed 7-10-89 as an emergency; operative 7-10-89 (Register 89, No. 28). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-7-89. For prior history, see Register 83, No. 10.
2. Readoption of amendment of subsections (a) and (g)(1)(B), and new Appendix A filed 11-2-89 as an emergency; operative 11-2-89 (Register 89, No. 45). A Certificate of Compliance must be transmitted to OAL within 120 days, by 3-2-90, or emergency language is repealed by operation of law effective 3-3-90.
3. Readoption of amendment of subsections (a) and (g)(1)(B), and new Appendix A filed 2-22-90 as an emergency; operative 2-22-90 (Register 90, No. 9). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 6-22-90.
4. Readoption of amendment of subsections (a) and (g)(1)(B), and new Appendix A filed 6-15-90 as an emergency; operative 6-15-90 (Register 90, No. 33). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 10-15-90.
5. Amendment of subsections (a) and (g)(1)(B) and new Appendix A filed 10-12-90 as an emergency readoption; operative 10-12-90 (Register 90, No. 46). A Certificate of Compliance must be transmitted to OAL by 2-9-91 or emergency language will be repealed by operation of law on the following day.
6. Readoption of amendment of subsections (a) and (g)(1)(B) and new Appendix A filed 2-4-91 as an emergency; operative 2-4-91 (Register 91, No. 11). Certificate of Compliance must be transmitted to OAL by 6-4-91 or emergency language will be repealed by operation of law on the following day.
7. Amendment filed 2-15-91; operative 2-15-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 19).
8. Editorial correction of printing error in subsection (q) and restoring dropped Historys 1., 2., 3., 4., 5., and 6. and renumbering former History 1. to History
7. (Register 91, No. 31).
9. Editorial correction of History 7. amending date (Register 91, No. 45).
10. Change without regulatory effect amending definition of Chief in subsection (b) filed 3-4-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 19).
11. Amendment of subsection (c)(1) and Note filed 5-1-95; operative 5-31-95 (Register 95, No. 18).
12. Repealer and new section filed 5-3-96; operative 7-3-96 (Register 96, No. 18).
13. Amendment of subsection (j)(3)(E) filed 10-3-97; operative 10-3-97. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 97, No. 40).
14. Amendment of former subsections (g)(1)-(g)(4)(B) including subsection renumbering and relettering resulting in newly designated subsections (g)(1)-(g)(3)(A) filed 8-25-98; operative 11-23-98 (Register 98, No. 35).
15. Amendment of subsection (o) and repealer of subsections (o)(1)(B)1. and (o)(1)(B)2.-(o)(4) filed 7-6-99; operative 8-5-99 (Register 99, No. 28).
16. Amendment of subsections (g)(2)(B) and (g)(3)(A) and new subsection (g)(3)(B) 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).
17. Amendment of subsections (h)(2)(D) and (h)(3)(G) and subsections within subsection (j) 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).
18. Amendment of subsections (h)(2)(D) and (h)(3)(G) and subsections within subsection (j) 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).
19. Repealer of 11-6-2013 order by operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No. 19).
20. Amendment of subsections (h)(2)(D) and (h)(3)(G) and subsections within subsection (j) 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, § 5208, 8 CA ADC § 5208
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