§ 5209. Carcinogens.
8 CA ADC § 5209Barclays Official California Code of Regulations
8 CCR § 5209
§ 5209. Carcinogens.
(a) Scope and Application. This section applies to an area in which any of the substances listed below is manufactured, processed, used, repackaged, released, stored or otherwise handled but does not apply to solid or liquid mixtures with a content less than the percent specified below or to transshipment in sealed containers, except for the labeling requirements under paragraphs (e)(2), (e)(3) and (e)(4) of this section.
Chemical | Chemical Abstracts Registry number | Percent * |
2-Acetylaminofluorene | 53963 | 1.0 | |
4-Aminodiphenyl | 92671 | 0.1 | |
Benzidine (and its salts) | 92875 | 0.1 | |
3,3′-Dichlorobenzidine (and its salts) | 91941 | 1.0 | |
4-Dimethylaminoazobenzene | 60117 | 1.0 | |
alpha-Naphthylamine ** | 134327 | 1.0 | |
beta-Naphthylamine ** | 91598 | 0.1 | |
4-Nitrobiphenyl | 92933 | 0.1 | |
N-Nitrosodimethylamine | 62759 | 1.0 | |
beta-Propiolactone | 57578 | 1.0 | |
bis-Chloromethyl ether | 542881 | 0.1 | |
Methyl chloromethyl ether | 107302 | 0.1 | |
Ethyleneimine | 151564 | 1.0 |
* By weight or volume
** This section does not apply to these materials in operations involving the destructive distillation of carbonaceous materials, such as occurs in coke ovens.
(10) Isolated System. A fully enclosed structure, other than the vessel of containment of a carcinogen, which is impervious to the passage of the carcinogen and which would prevent the entry of the carcinogen into regulated areas, nonregulated areas or the external environment should leakage or spillage from the vessel of containment occur.
(11) Laboratory Type Hood. A device enclosed on three sides and the top and bottom, designed and maintained so as to draw air inward at an average linear face velocity of 150 feet per minute with a minimum of 125 feet per minute; designed, constructed and maintained in such a way that an operation involving a carcinogen within the enclosure does not require the insertion of any portion of any employee's body other than hands and arms.
(c) Regulated Areas. A regulated area shall be established by an employer where a carcinogen is manufactured, processed, used, released, stored or otherwise handled. All such areas shall be controlled in accordance with the requirements for the following category or categories describing the operation involved:
(B) With the exception of those cases in which the substance is beta-propiolactone, bis-chloromethyl ether, methyl chloromethyl ether, or ethyleneimine, employees shall be required to wash hands, forearms, face and neck upon each exit from the regulated areas, close to the point of exit, and before engaging in other activities.
(4) Transfer From a Closed System, Charging or Discharging Point Operations, or Otherwise Opening a Closed System. In operations where a carcinogen is contained in a “closed system” but is transferred, charged or discharged into other normally closed containers, the following provisions shall apply:
(B) Each operation shall be provided with a “laboratory type hood” or with equivalent continuous local exhaust ventilation so that air movement is always from ordinary work areas to the operation. Exhaust air shall not be discharged to regulated areas, nonregulated areas or the external environment unless decontaminated. Clean makeup air shall be introduced in sufficient volume to maintain the correct operation of the local exhaust system.
(C) Employees shall be provided with, and be required to wear, clean, full body protective clothing (smocks, coveralls or long-sleeved shirts and pants), shoe covers and gloves prior to entering the regulated area. Shoe covers are not required when the substance is bis-chloromethyl ether, methyl chloromethyl ether, or ethyleneimine.
(D) Employees engaged in the handling of carcinogens shall be provided with, and be required to wear and use as minimum protection, a half-face, filter type respirator for dusts, mists and fumes, or air purifying canisters or cartridges. Those employees engaged in the handling of beta-propiolactone, bis-chloromethyl ether, methyl chloromethyl ether, N-nitrosodimethylamine, or ethyleneimine shall be provided with, and be required to wear and use any self-contained breathing apparatus that has a full facepiece and is operated in a pressure-demand or other positive-pressure mode, or any supplied-air respirator that has a full facepiece and is operated in a pressure-demand or other positive-pressure mode in combination with an auxiliary self-contained positive-pressure breathing apparatus. A respirator affording higher levels of protection than these respirators may be substituted.
(E) Prior to each exit from a regulated area, employees shall be required to remove and leave protective clothing and equipment at the point of exit and, at the last exit of the day, to place used clothing and equipment in impervious containers at the point of exit for purposes of subsequent decontamination or disposal. The contents of such impervious containers shall be identified as required under paragraphs (e)(2), (e)(3) and (e)(4) of this section.
(F) Employees shall be required to wash hands, forearms, face and neck on each exit from the regulated area, close to the point of exit, and before engaging in other activities. Exception to this requirement is permitted when the substance is beta-propiolactone, bis-chloromethyl ether, methyl chloromethyl ether, or ethyleneimine.
(G) Employees, other than those engaged in animal support activities, shall be provided with, and shall be required to wear, a daily change of clean, protective laboratory clothing, such as a solid-front gown, surgical scrub suit or fully buttoned laboratory coat. The required change of clean, protective clothing for employees engaged in animal support activities shall include coveralls or pants and shirt, foot covers, head covers, gloves, and appropriate protective respiratory equipment or devices.
(H) Prior to each exit from a regulated area, employees shall be required to remove and leave protective clothing and equipment at the point of exit and, at the last exit of the day, to place used clothing and equipment in impervious containers at the point of exit for purposes of decontamination or disposal. Such impervious containers shall be identified as to their contents by labeling according to paragraphs (e)(2), (e)(3) and (e)(4) of this section.
(K) Air pressure in laboratory areas and animal rooms where a carcinogen is handled and bio-assay studies are performed shall be negative in relation to the pressure in surrounding areas. Exhaust air shall not be discharged to regulated areas, nonregulated areas or the external environment unless decontaminated.
(C) Special medical surveillance by a physician shall be instituted within 24 hours for employees present in the potentially affected area at the time of the emergency. A report of the medical surveillance and of any medical treatment shall be included in the incident report, in accordance with paragraph (f)(2) of this section.
(F) In operations involving beta-propiolactone, or ethyleneimine, emergency deluge showers and eyewash fountains supplied with running potable water shall be located near, within sight of, and on the same level with locations where a direct exposure would be most likely to occur as a result of equipment failure or improper work practice.
(C) Employers shall include the carcinogens listed in paragraph (e)(1)(D) of this section 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 the carcinogens listed in paragraph (e)(1)(D) and to safety data sheets, and is trained in accordance with the requirements of HCS and paragraph (e)(4) of this section.
DANGER
(CHEMICAL IDENTIFICATION)
MAY CAUSE CANCER
AUTHORIZED PERSONNEL ONLYDANGER
(CHEMICAL IDENTIFICATION)
MAY CAUSE CANCER
WEAR AIR-SUPPLIED HOODS, IMPERVIOUS SUITS,
AND PROTECTIVE EQUIPMENT IN THIS AREA
AUTHORIZED PERSONNEL ONLYCANCER-SUSPECT AGENT
AUTHORIZED PERSONNEL ONLYCANCER-SUSPECT AGENT EXPOSED IN THIS AREA
IMPERVIOUS SUIT INCLUDING GLOVES, BOOTS
AND AIR-SUPPLIED HOOD REQUIRED AT ALL TIMES
AUTHORIZED PERSONNEL ONLY(4) Training and Indoctrination. Each employee, prior to being authorized to enter a regulated area, shall receive a training and indoctrination program including, but not necessarily limited to, the information or requirements of this paragraph. (All materials relating to the training/indoctrination program shall be provided upon request to authorized representatives of the Chief and the Director of the Department of Health.)
(A) Before an employee is assigned to enter a regulated area, a preassignment medical examination by a licensed physician shall be provided. The examination shall include the employee's personal history and that of the employee's family insofar as these are related to pertinent genetic, occupational and environmental factors.
(A) Employers of employees examined pursuant to paragraph (g)(1), above, shall cause to be maintained complete and accurate records of all such medical examinations. Records shall be maintained for the duration of the employee's employment. Upon termination of the employee's employment, including retirement or death, or in the event that the employer ceases business without a successor, records, or notarized true copies thereof, shall be forwarded by registered mail to the Director, National Institute for Occupational Safety and Health. The employer shall also comply with any additional requirements involving the transfer of records set forth in Section 3204.
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 8-1-74; effective thirtieth day thereafter (Register 74, No. 31). For former section and history, see Register 73, No. 43.
2. Amendment of subsection (d) filed 9-20-74 as procedural; effective upon filing (Register 74, No. 38).
3. Amendment filed 2-13-75; effective thirtieth day thereafter (Register 75, No. 7).
4. Amendment of subsections (a), (b)(3), and repealer of subsection (c)(7) filed 5-25-79; effective thirtieth day thereafter (Register 79, No. 21).
5. Amendment of subsection (f)(1) filed 6-15-79; effective thirtieth day thereafter (Register 79, No. 24).
6. Repealer of subsection (d)(1) and renumbering of subsections (d)(2)-(d)(4) filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).
7. Amendment of subsection (g)(2) filed 3-20-81; effective thirtieth day thereafter (Register 81, No. 12).
8. Editorial correction of subsection (b)(3) filed 3-3-83 (Register 83, No. 10).
9. Amendment of subsection (c)(4)(D) filed 4-5-85; effective thirtieth day thereafter (Register 85, No. 14).
10. Change without regulatory effect amending subsection (b)(3) filed 3-4-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 19).
11. Amendment of subsections (c)(4)(D) and (d)(4) filed 8-25-98; operative 11-23-98 (Register 98, No. 35).
12. Amendment of subsection (f), repealer of subsections (f)(1)-(f)(2)(B)4. and amendment of Note filed 7-6-99; operative 8-5-99 (Register 99, No. 28).
13. Change without regulatory effect amending subsections (d)(2)(B)-(D) filed 6-11-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 24).
14. Amendment of subsection (c)(4)(D) filed 1-18-2012; operative 1-18-2012 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2012, No. 3).
15. Amendment of subsection (e) and subsections therein 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).
16. Amendment of subsection (e) and subsections therein 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).
17. Repealer of 11-6-2013 order by operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No. 19).
18. Amendment of subsection (e) and subsections therein 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, § 5209, 8 CA ADC § 5209
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