§ 5208.1. Non Asbestiform Tremolite, Anthophyllite, and Actinolite.
8 CA ADC § 5208.1Barclays Official California Code of Regulations
8 CCR § 5208.1
§ 5208.1. Non Asbestiform Tremolite, Anthophyllite, and Actinolite.
This section applies to occupational exposures to non-asbestiform tremolite, anthophyllite, and actinolite.
(a) The 8-hour time weighted average concentration of airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers to which any employee may be exposed shall not exceed 2 fibers, longer than 5 micrometers, per cubic centimeter of air as determined by the membrane filter method using phase contrast illumination and 400 to 450X magnification. The ceiling or short time concentration to which employees are exposed shall not exceed 10 fibers, longer than 5 micrometers, per cubic centimeter of air.
(b) Engineering Controls. Controls such as, but not limited to, isolation, enclosure, exhaust ventilation, and dust collection shall be used to meet the exposure limits in 5208.1(a). All hand-operated and power-operated tools which may produce or release non-asbestiform tremolite, anthophyllite, and actinolite fibers in excess of such limit shall be provided with local exhaust ventilation systems. The American National Standards Institute Z9.2-1971 Standard Governing the Design and Operations of Local Exhaust Systems shall be used to design, construct, install, and maintain exhaust ventilation and dust collection systems in accordance with section 5143.
(3) Non-asbestiform tremolite, anthophyllite, and actinolite-containing cement, mortar, coating, grout, plastic, or similar material shall not be removed from bags, cartons, or other containers without being wetted, unless it is enclosed and/or ventilated to effectively control airborne fibers as specified in section 5208.1(a).
Exceptions:
(5) Non-asbestiform tremolite, anthophyllite, and actinolite waste, scrap, debris, bags, containers, equipment or other non-asbestiform tremolite, anthophyllite, and actinolite-contaminated material consigned for disposal which may produce in any reasonably foreseeable use, handling, storage, processing, disposal, or transportation employee exposure to airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers in excess of the limits prescribed by section 5208.1(a) shall be collected and disposed of in sealed impermeable bags or other closed impermeable containers which shall be labeled in accordance with section 5208.1(i).
(d) Respiratory Protective Equipment. When engineering controls and wet handling methods are not feasible or are incapable of controlling the concentration or in an emergency, respiratory protection and shall be provided and worn in accordance with provisions of section 5144 and the following requirements:
(3) Continuous flow or pressure demand air-line respirators or self-contained breathing apparatus may be worn for lower concentrations, but shall be worn when the non-asbestiform tremolite, anthophyllite, and actinolite fiber concentration is reasonably expected to exceed 100 times the limit in section 5208.1(a).
(4) No employee shall be assigned to tasks requiring the use of respirators if based on his most recent examination an examining physician determines that the employee will be unable to function normally wearing a respirator or that the safety or health of the employee or other employees will be impaired by his use of the respirator. Such employee shall be rotated to an equivalent job whose duties he is able to perform, with the same employer, in the same geographical area and with the same seniority, status, and rate of pay, if such a position is available.
(1) The employer shall provide and require the use of special clothing such as coveralls or similar whole body clothing, head coverings, gloves, and foot coverings for any employee exposed to airborne concentrations of non-asbestiform tremolite, anthophyllite, and actinolite fibers which exceed the ceiling level prescribed in section 5208.1(a).
(2) Any fixed place of employment exposed to airborne concentrations of non-asbestiform tremolite, anthophyllite, and actionlite fibers in excess of exposure limits prescribed in section 5208.1(a), the employer shall provide change rooms for employees working regularly at the place, and shall provide two separate lockers or containers for each employee, so separated or isolated as to prevent contamination of the employees' street clothes from his work clothes.
(2) Any employer who gives non-asbestiform tremolite, anthophyllite, and actinolite-contaminated clothing to another person for laundering shall inform such person of the requirement in section 5208.1 to effectively prevent the release of airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers in excess of the exposure limits prescribed in section 5208.1(a).
(A) The employer shall sample the air and determine the concentration of non-asbestiform tremolite, anthophyllite, and actinolite fibers within the breathing zone of employees whose exposure to non-asbestiform tremolite, anthophyllite, and actinolite fibers may exceed an 8-hour time-weighted average concentration of 0.1 fiber longer than 5 micrometers, per cubic centimeter due to work assignment(s) at or near operations with non- asbestiform tremolite, anthophyllite, and actinolite or non-asbestiform tremolite, anthophyllite, and actinolite-containing products which result in the release of non-asbestiform tremolite, anthophyllite, and actinolite fibers.
(B) Monitoring shall be repeated at least once every 6 months where exposure to airborne non-asbestiform tremolite, anthophyllite, and actinolite may exceed an 8-hour time-weighted average concentration of 0.5 fiber, longer than 5 micrometers, per cubic centimeter or a ceiling concentration of 5 fibers longer than 5 micrometers, per cubic centimeter.
(C) Employers shall include non-asbestiform, tremolite, anthophyllite, and actinolite 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 non-asbestiform, tremolite, anthophyllite, and actinolite and to safety data sheets, and is trained in accordance with the requirements of HCS and section 5208.1(h)(4).
(A) Posting. Warning signs shall be provided and displayed at each location where airborne concentrations of non-asbestiform tremolite, anthophyllite, and actinolite fibers may be in excess of the exposure limits prescribed in section 5208.1(a). Signs shall be posted at such a distance from such a location so that an employee may read the signs and take necessary protective steps before entering the area marked by the signs. Signs shall be posted at all approaches to areas containing excessive concentrations of airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers.
DANGER
[MINERAL NAME]
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
AUTHORIZED PERSONNEL ONLYWEAR RESPIRATORS AND PROTECTIVE
CLOTHING IN THIS AREA[MINERAL NAME]
DUST HAZARD
AVOID BREATHING DUST
WEAR ASSIGNED PROTECTIVE
EQUIPMENT
DO NOT REMAIN IN AREA
UNLESS YOUR WORK
REQUIRES IT
BREATHING [MINERAL NAME]
DUST MAY BE HAZARDOUS
TO YOUR HEALTHExceptions:
1. No label is required where non-asbestiform tremolite, anthophyllite, and actinolite fibers have been modified by a bonding agent, coating, binder, or other material so that during any reasonably foreseeable use, handling, storage, disposal, processing, or transportation, no airborne non-asbestiform tremolite, anthophyllite, and actinolite fibers in excess of the exposure limits prescribed in section 5208.1(a) will be released.
(B) Label Specifications. In addition to the requirements of subsection (h)(1), the employer shall ensure that labels of bags or containers of protective clothing and equipment, scrap, waste and debris containing non-asbestiform tremolite, anthophyllite, and actinolite fibers include the following information:
DANGER
CONTAINS [MINERAL NAME] 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 non-asbestiform tremolite, anthophyllite, and actinolite fibers in lieu of the labeling requirements in subsections (h)(3)(A) and (h)(3)(B) of this section:
CAUTION
Contains [Mineral Name] Fibers
Avoid Creating Dust
Breathing [Mineral Name] Dust May Cause
Serious Bodily HarmException: Employees who are certified as having been trained in an apprenticeship non-asbestiform tremolite, anthophyllite, and actinolite training program meeting all the criteria in section 5208.1.
(1) Medical Examinations. The employer shall provide or make available at no cost to the employee a comprehensive medical examination by a licensed physician in accordance with this subsection for each employee engaged in an occupation where exposure to airborne non-asbestiform tremolite, anthophyllite, and actinolite, without regard to the use of respiratory protective equipment, has been determined to exceed, or may be reasonably expected to exceed, an 8-hour time-weighted average concentration of 0.1 fiber, longer than 5 micrometers, per cubic centimeter.
(A) The examination shall be conducted within 30 calendar days of the employee's initial assignment, thereafter, as required by section 5208.1 (i)(1)(B)1 or (i)(1)(B)2, and within 30 calendar days of termination of employment if an examination has not been performed within the year preceding termination.
(B) The examination shall include, as a minimum, a history to elicit symptomatology of upper and lower respiratory and gastrointestinal diseases, a physical examination of the respiratory and gastrointestinal diseases, a 14-inch by 17-inch posterior-anterior chest X-ray, right and left anterior oblique chest X-rays, pulmonary function tests including forced vital capacity (FVC) and forced expiratory volume at one second (FEV1).
1. For employees less than 40 years of age with less than 10 years since initial occupational exposure to non-asbestiform tremolite, anthophyllite, and actinolite, the medical examination shall be provided every three years after the initial examination and shall include as a minimum a 14-inch by 17-inch posterior-anterior chest X-ray, a physical examination of the respiratory and gastrointestinal systems, and pulmonary function tests including forced vital capacity (FVC) and forced expiratory volume at one second (FEV1).
2. For employees 40 years of age or older or with 10 years or more since initial occupational exposure to non-asbestiform tremolite, anthophyllite, and actinolite, the medical examination, as described in section 5208.1(j)(1)(B), shall be performed annually, except that the oblique X-rays need only be performed every three years. A rectal examination and a stool guaiac test for occult blood shall be performed annually.
(C) The employer shall obtain from the examining physician all the information required by this subsection and any other medical information or diagnosis relevant to occupational exposure to non-asbestiform tremolite, anthophyllite, and actinolite including the physician's opinion as to whether the employee has any detected medical condition which would place the employee at increased risk of material impairment of the employee's health from exposure to non-asbestiform tremolite, anthophyllite, and actinolite.
(C) Records of the medical examinations required by this section shall be provided upon request to employees, designated representatives, and authorized representatives of the Chief of the Division of Occupational Safety and Health in accordance with section 3204. Medical records shall also be provided upon the request of the Director, National Institute for Occupational Safety and Health.
(j) Employee Notification. Any employee found to have been exposed to non-asbestiform tremolite, anthophyllite, and actinolite fibers in excess of either the permissible limits prescribed by subsection (a) shall be notified in writing of the exposure within 5 days of the finding. The individuals so exposed shall also be notified of the corrective action in compliance with subsections (b), (c), (d), (e), and (f) being taken by the employer.
(2) Upon the expiration of the retention period prescribed by section 5208.1(g)(2)(B) and (i)(2)(B), the employer shall notify the Director, National Institute for Occupational Safety and Health at least 3 months prior to any planned disposal of the records and shall transfer those records to the Director if requested within the period.
Credits
Note: Authority cited: Sections 142.3, 9020, 9030 and 9040, Labor Code. Reference: Sections 142.3, 9004(b), 9009, 9020, 9030, 9031 and 9040, Labor Code.
History
1. New section 5208.1 filed 2-15-91; operative 2-15-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 19).
2. Editorial correction of History 1. (Register 91, No. 45).
3. Change without regulatory effect amending subsection (l) filed 3-4-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 19).
4. Amendment of subsection (h)(2) filed 2-5-97; operative 3-7-97 (Register 97, No. 6).
5. Editorial correction of subsections (e)(1), (g)(1)(A), (i)(2), (j)(1)(B)2. and (n)(1)(A) (Register 98, No. 35).
6. Amendment of subsection (l), repealer of subsections (l)(1)-(4) and amendment of Note filed 7-6-99; operative 8-5-99 (Register 99, No. 28).
7. Amendment 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, § 5208.1, 8 CA ADC § 5208.1
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