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29 Labor PARTS 1900 TO 1919 Revised as of July 1, 1977 Chapter XVII--Occupational Safety and Health Administration g 1910.1017 former employee, to a physician desig nated by the employee or to a new em ployer. (iii) Any physician who conducts a medical examination required by this paragraph shall furnish to the em ployer a statement of the employee's suitability for employment in the spe cific exposure. 139 FR 23502. June 27, 1974. Redesignated at 40 FR 23073, May 28, 1975. and amended at 41 FR 35184. Aug. 20, 1976] 5 1910.1017 Vinyl chloride. (a) Scope and application. (1) This section includes requirements for the control of employee exposure to vinyl chloride (chloroethene), Chemical Ab stracts Service Registry No. 75014. (2) This section applies to the manu facture. reaction, packaging, repackag ing, storage, handling or use of vinyl chloride or polyvinyl chloride, but does not apply to the handling or use of fabricated products made of poly vinyl chloride. (3) This section applies to the trans portation of vinyl chloride or poly vinyl chloride except to the extent that the Department of Transporta tion may regulate the hazards covered by this section. (b) Definitions. (1) "Action level" means a concentration of vinyl chlo ride of 0.5 ppm averaged over an 8hour work day. (2) "Assistant Secretary" means the Assistant Secretary of Labor for Occu pational Safety and Health, U.S. De partment of Labor, or his designee. (3) "Authorized person-' means any person specifically authorized by the employer whose duties require him to enter a regulated area or any person entering such an area as a designated representative of employees for the purpose of exercising an opportunity to observe monitoring and measuring procedures. (4) "Director" means the Director, National Institute for Occupational Safety and Health, U.S. Department of Health, Education, and Welfare, or his designee, (5) "Emergency" means any occur rence such as, but not limited to. equipment failure, or operation of a relief device which is likely to. or does. result in massive release of vinyl chlo ride. (6) "Fabricated product" means a product made wholly or partly from polyvinyl chloride, and which does not require further processing at tempera tures, and for times, sufficient to cause mass melting of the polyvinyl chloride resulting in the release of vinyl chloride. (7) "Hazardous operation" means any operation, procedure, or activity where a release of either vinyl chlo ride liquid or gas might be expected as a consequence of the operation or be cause of an accident in the operation, which would result in an employee ex posure in excess of the permissible ex posure limit. <8) "OSHA Area Director" means the Director for the Occupational Safety and Health Administration Area Ofrice having jurisdiction over the geographic area in which the employer's establishment is located. (9) "Polyvinyl chloride" means poly vinyl chloride homopolymer or copo lymer before such is converted to a fabricated product. (10) "Vinyl chloride" means vinyl chloride monomer. (c) Permissible exposure limit (I) No employee may be exposed to vinyl chloride at concentrations greater than 1 ppm averaged over any 8-hour period, and (2) No employee may be exposed to vinyl chloride at concentrations great er than 5 ppm averaged over any period not exceeding 15 minutes. (3) No employee may be exposed to vinyl chloride by direct contact with liquid vinyl chloride. (d) Monitoring. (1)A program of ini tial monitoring and measurement shall be undertaken in each establish ment to determine if there is any em ployee exposed, without regard to the use of respirators, in excess of the action level. (2) Where a determination conduct ed under paragraph (d)(1) of this sec tion shows any employee exposures, without regard to the use of respira tors, in excess of the action level, a program for determining exposures for each such employee shall be estab lished. Such a program: 685 SL 07126  1910.1017 Title 29--Lobor (i) Shall be repeated at least month ly where any employee is exposed, without regard to the use of respira tors, in excess of the permissible expo sure limit. (ii) Shall be repeated not less than quarterly where any employee is ex posed. without regard to the use of respirators, in excess of the action level. (iii) May be discontinued for any em ployee only when at least two consecu tive monitoring determinations, made not less than 5 working days apart, show exposures for that employee at or below the action level. (3) Whenever there has been a pro duction. process or control change which may result in an increase in the release of vinyl chloride, or the em ployer has any other reason to suspect that any employee may be exposed in excess of the action level, a determina tion of employee exposure under para graph (dXl) of this section shall be performed. (4) The method of monitoring and measurement shall have an accuracy (with a confidence level-of 95 percent) of not less than plus or minus 50 per cent from 0,25 through 0.5 ppm, plus or minus 35 percent from over 0.5 ppm through 1.0 ppm, and plus or minus 25 percent over 1.0 ppm, (Methods meet ing these accuracy requirements are available in the "NIOSH Manual of Analytical Methods"). (5) Employees or their designated representatives shall be afforded rea sonable opportunity to observe the monitoring and measuring required by this paragraph. (e) Regulated area. (1) A regulated area shall be established where: (1) Vinyl chloride or polyvinyl chlo ride is manufactured, reacted, repack aged, stored, handled or used; and (ii) Vinyl chloride concentrations are in excess of the permissible exposure limit. (2) Access to regulated areas shall be limited to authorized persons. A daily roster shall be made of authorized per sons who enter. (f) Methods of compliance. Employee exposures to vinyl chloride shall be controlled to at or below the permissi ble exposure limit provided in para graph (c) of this section by engineer ing, work practice, and personal pro tective controls as follows: (1) Feasible engineering and work practice controls shall immediately be used to reduce exposures to at or below the permissible exposure limit. (2) Wherever feasible engineering and work practice controls which can be instituted immediately are not suf ficient to reduce exposures to at or below the permissible exposure limit, they shall nonetheless be used to reduce exposures to the lowest practi cable level, and shall be supplemented by respiratory protection in accor dance with paragraph (g) of this sec tion. A program shall be established and implemented to reduce exposures to at or below the permissible expo sure limit, or to the greatest extent feasible, solely by means of engineer ing and work practice controls, as soon as feasible. (3) Written plans for such a program shall be developed and furnished upon request for examination and copying to authorized representatives of the Assistant Secretary and the Director. Such plans shall be updated at least every six months. (g) Respiratory protection. Where respiratory protection is required under this section: (1) The employer shall provide a res pirator which meets the requirements of this paragraph and shall assure that the employee uses such respira tor, except that until April 1, 1976, wearing of respirators shall be at the discretion of each employee for expo sures not in excess of 25 ppm, mea sured over any 15-minute period. Until April 1, 1976, each employee who chooses not to wear an appropriate respirator shall be informed at least quarterly of the hazards of vinyl chlo ride and the purpose, proper use, and limitations of respiratory devices. (2) Respirators shall be selected from among those jointly approved by the Mining Enforcement and Safety Administration. Department of the In terior. and the National Institute for Occupational Safety and Health under the provisions of 30 CFR Part 11. (3) A respiratory protection program meeting the requirements of 1910.134 shall be established and maintained. Chapter XVII--Occupational Safety and Health Administration 1910.1017 (4) Selection of respirators for vinyl chloride shall be as follows: Aimosphrnc concentration of Vinyl ch'andt Required apparatus (I) Unknown, or above 3.600 ppm................ Open-circuit self-contained breathing apparatus, pressure demand type, uith full facepiece (II) Not over 3.600 ppm................................. (A) Combination type C supplied air respirator, pressure demand type, with full or half facepiece and auxiliary self-contained air supply, or (ju) Not over 1.000 ppm................................. (B> Combination type, supplied air respirator continuous flow type with full or half facepiece, and auxiliary self-con tained air supply. Type C, supplied air respirator, continuous flow type. with full or half facepiece, helmet or hood. (|v) Not over 100 ppm.................... ............... (A) Combination type C supplied air respirator demand type, with full facepiece, and auxiliary self-contained air supply; or (B) Open-circuit solf-con'ained breathing apparatus with full facepiece, in demand mode; or (C> Type C supplied air respirator, demand fype. with full face piece (v) Not ov*" 25 ppm........................................ (A) A powered air-purifying respirator with hood, helmet, full or half facepiece, and a canister which provides a sendee life of at least 4 hours for concenrations of vinyl chloride up Lo 25 ppm. or (B) Gas mask, front- or back-mounted canister which provides a service life of at ieast 4 hours for concentrations of vinyl chloride up to 25 ppm. <vl) Not over 10 ppm....................................... (A) Combination type C supplied-air respirator, demand type. w'th half facepiece, and auxiliary self-contained air supply; or (B) Type C supplied-air respirator, demand type with half face- piecr, or (C) Any chemical cartridge respirator with an organic vapor cartridge which provides a service life of at least 1 hour for concentrations of vinyl chloride up to 10 ppm. <5 X i) Entry into unknown concentra tions or concentrations greater than 36,000 ppm (lower explosive limit) may be made only for purposes of life rescue; and (ii) Entry into concentrations of less than 36,000 ppm. but greater than 3.600 ppm may be made only for pur poses of life rescue, firefighting, or se curing equipment so as to prevent a greater hazard from release of vinyl chloride. (6) Where air-purifying respirators are used: (O Air-purifying cannisters or car tridges shall be replaced prior to the expiration of their service life or the end of the shift in which they are first used, whichever occurs first, and (ii) A continuous monitoring and alarm system shall be provided where concentrations of vinyl chloride could reasonably exceed the allowable con centrations for the devices in use. Such system shall be used to alert em ployees when vinyl chloride concentra tions exceed the allowable concentra tions for the devices in use. (7) Apparatus prescribed for higher concentrations may be used for any lower concentration. (h) Hazardous operations. (1) Em ployees engaged in hazardous oper ations. including entry of vessels to clean polyvinyl chloride residue from vessel walls, shall be provided and re quired to wear and use; (i) Respiratory protection in accor dance with paragraphs (c) and (g) of this section; and (ii) Protective garments to prevent skin contact with liquid vinyl chloride or with polyvinyl chloride residue from vessel walls. The protective gar ments shall be selected for the oper ation and its possible exposure condi tions. (2) Protective garments shall be pro vided clean and dry for each use. (i) Emergency situations. A written operational plan for emergency situa tions shall be de\ eloped for each facili ty storing, handling, or otherwise using vinyl chloride as a liquid or com pressed gas. Appropriate portions of  1910.1017 TiHe 29--Labor the plan shall be implemented in the event of an emergency. The plan shall specifically provide that: (1) Employees engaged in hazardous operations or correcting situations of existing hazardous releases shall be equipped as required in paragraph (h) of this section; (2) Other employees not so equipped shall evacuate the area and not return until conditions are controlled by the methods required in paragraph (f> of this section and the emergency is abated. (j) Training, Each employee en gaged in vinyl chloride or polyvinyl chloride operations shall be provided training in a program relating to the hazards of vinyl chloride and precau tions for its safe use. (1) The program shall include: (1) The nature of the health hazard from chronic exposure to vinyl chlo ride including specifically the carcino genic hazard; (ii) The specific nature of operations which could result in exposure to vinyl chloride in excess of the permissible limit and necessary protective steps; (Hi) The purpose for. proper use, and limitations of respiratory protective devices; (lv) The fire hazard and acute toxic ity of vinyl chloride, and the necessary protective steps; (v) The purpose for and a descrip tion of the monitoring program: (vi) The purpose for, and a descrip tion of, the medical surveillance pro gram; (vii) Emergency procedures; (viii) Specific information to aid the employee in recognition of conditions which may result in the release of vinyl chloride; and (ix) A review of this standard at the employee's first training and indoctri nation program, and annually there after. (2) All materials relating to the pro gram shall be provided upon request to the Assistant Secretary and the Di rector. (k) Medical surveillance. A program of medical surveillance shall be insti tuted for each employee exposed, without regard to the use of respira tors, to vinyl chloride m excess of the action level. The program shall pro vide each such employee with an op portunity for examinations and tests in accordance with this paragraph. All medical examinations and procedures shall be performed by or under the su pervision of a licensed physician, and shall be provided without cost to the employee. (1) At the time of initial assignment, or upon institution of medical surveil lance; <i) A general physical examination shall be performed, with specific at tention to detecting enlargement of liver, spleen or kidneys, or dysfunction in these organs, and for abnormalities in skin, connective tissues and the pul monary system (See Appendix A). (ii) A medical history shall be taken, including the following topics; (A) Alcohol intake; (B) Past history of hepatitis; (C) Work history and past exposure to potential hepatotoxic agents, in cluding drugs and chemicals; (D) Past history of blood transfu sions; and (E) Past history of hospitalizations. (iii) A serum specimen shall be ob tained and determinations made of; (A) Total bilirubin; (B) Alkaline phosphatase; (C) Serum glutamic oxalacetic tran saminase (SGOT); (D) Serum glutamic pyruvic transa minase (SGPT); and () Gamma glustamy) transpepti dase. (2) Examinations provided in accor dance with this paragraph shall be performed at least: (i) Every 6 months for each employ ee who has been employed in vinyl chloride or polyvinyl chloride manu facturing for 10 years or longer; and (ii) Annually for all other employ ees. (3) Each employee exposed to an emegeney shall be afforded appropri ate medical surveillance. (4) A statement of each employee's suitability for continued exposure to vinyl chloride including use of protec tive equipment and respirators, shall be obtained from the examining physi cian promptly after any examination. A copy of the physician's statement shall be provided each employee. tor 3P- sts All res suind the :nt, eil- lon atof ion ties pul- ten, sure in- lsfu- ns. obf: tran- insa- >epti- .ecor11 be iployvinyl nanund lploy- lo an ropri- oyee's ire to rotec- shall physilation. ement Chapter XVII--Occupational Safety and Health Administration 1910.1017 (5) If any employee's health would be materially impaired by continued exposure, such employee shall be withdrawn from possible contact with vinyl chloride. (6) Laboratory analyses for all bio logical specimens included in medical examinations shall be performed in laboratories licensed under 42 CFR Part 74. (7) If the examining physician deter mines that alternative medical exami nations to those required by para graph 'kXl> cf this section will pro vide at least equal assurance of detect ing medical conditions pertinent to the exposure to vinyl chloride, the em ployer may accept such alternative ex aminations as meeting the require ments of paragraph (kill) of this sec tion, if the employer obtains a state ment from the examining physician setting forth the alternative examina tions and the rationale for substitu tion, This statement shall be available upon request for examination and copying to authorized representatives of the Assistant Secretary and the Di rector. (1) Signs and. labels. (1) Entrances to regulated areas shall be posted with legible signs bearing the legend: Cancer-Suspect Agent Area Authorized Personnel Only (2) Areas containing hazardous oper ations or where an emergency current ly exists shall be posted with legible signs bearing the legend: Cancer-Suspect Agent in This Area Protective Equipment Required Authorized Personnel Only (3) Containers of polyvinyl chloride resin waste from reacLors or other waste contaminated with vinyl chlo ride shall be legibly labeled: Contaminated With Vinyl Chloride Cancer-Suspect Agent (4) Containers of polyvinyl chloride shall be legibly labeled: Polyvinyl Chloride (or Trade Name) Contains Vinyl Chloride Vinyl Chloride is a Cancer-Suspect Agent (5) Containers of vinyl chloride shall be legibly abeled either: (i) Vinyl Chloride Extremely Flammable Gas Under Pressure Cancer Suspect Agent or (ii) In accordance with 49 CFR Parts 170-189, with the additional legend: Cancer-Suspect Acent applied near the label or placard. (6) No statement shall appear on or near any required sign, label or in struction which contradicts or detracts from the effect of, any required warn ing, information or instruction. (m) Records. (1) All records main tained in accordance with this section shall include the name and social secu rity number of each employee where relevant. (2) Records of required monitoring and measuring, medical records, and authorized personnel rosters, shall be made and shall be available upon re quest for examination and copying to authorized representatives of the As sistant Secretary and the Director. (i) Monitoring and measuring re cords shall: (A) State the date of such monitor ing and measuring and the concentra tions determined and identify the in struments and methods used: (B) Include any additional informa tion necessary to determine individual employee exposures where such expo sures are determined by means other than individual monitoring of employ ees: and (C) Be maintained for not less than 30 years. (ii) Authorized personnel rosters shall be maintained for not less than 30 years. (iii) Medical records shall be main tained for the duration of the employ ment of each employee plus 20 years, or 30 years, whichever is longer. 689  1910.1028 Title 29--Labor (3) In the event that the employer ceases to do business and there is no successor to receive and retain his re cords for the prescribed period, these records shall be transmitted by regis tered mail to the Director, and each employee individually notified in writ ing of this transfer. (4) Employees or their designated representatives shall be provided access to examine and copy records of required monitoring and measuring. <5) Former employees shall be pro vided access to examine and copy re quired monitoring and measuring re cords reflecting their own exposures, (6) Upon written request of any em ployee, a copy of the medical record of that employee shall be furnished to any physician designated by the em ployee, (n> Reports. (1) Not later than 1 month after the establishment of a regulated area, the following informa tion shall be reported to the OSHA Area Director. Any changes to such in formation shall be reported within 15 days. (1) The address and location of each establishment which has one or more regulated areas; and (ii) The number of employees in each regulated area during normal op erations, including maintenance. (2) Emergencies, and the facts ob tainable at that time, shall be reported within 24 hours to the OSHA Area Di rector. Upon request of the Area Di rector, the employer shall submit addi tional information in writing relevant to the nature and extent of employee exposures and measures taken to pre vent future emergencies of similar nature. (3) Within 10 working days following any monitoring and measuring which discloses that any employee has been exposed, without regard to the use of respirators, in excess of the permissi ble exposure limit, each such employ ee shall be notified in writing of the results of the exposure measurement and the steps being taken to reduce the exposure to within the permissible exposure limit. (o) Effective dates. (1) Until April 1, 1975, the provisions currently set forth 'n 1910.93q of this Part shall apply. (2) Effective April 1, 1975, the provi sions set forth in 1910.93q of this Part shall apply. Appendix a--Supplementary Medical Information When required tests under paragraph (k)(l) of this section show abnormalities, the tests should be repeated as soon as prac ticable, preferably within 3 to 4 weeks, If tests remain abnormal, consideration should be given to withdrawal of the employee from contact with vinyl chloride, while a more comprehensive examination is made. Additional tests which may be useful: A. For kidney dysfunction' urine examina tion for albumin, red blood cells, and exfo liative abnormal cells. B. Pulmonary system: Forced vital capac ity, Forced expiratory volume at 1 second, and chest roentgenogram (postenor-anterlor. 14 x 17 inches). C. Additional scrum tests. Lactic acid de hydrogenase, lactic acid dehydrogenase isoenzyme, protein determination, and pro tein electrophoresis. D- For a more comprehensive examination on repeated abnormal scrum tests: Hepatitis B antigen, and liver scanning. (Secs. 6 and 8, 84 Stat. 1596. 1599 (29 U.S.C. 655, 657); Secretary of Labor's Order No. 1271. 36 FR 8754). [39 FR 35896, Oct. 4, 1974; 39 FR 41848, Dec. 3, 1974, as amended at 40 FR 13211, Mar. 25, 1975. Redesignated at 40 FR 23073, May 28, 1975] 1910.1028 Benzene. (a) Scope and application. <1) This section applies to the production, reac tion. release, packaging, repackaging, storage, transportation, handling, or use of benzene. (2) This section does not apply; (i) To the storage, transportation, distri bution, dispensing, or sale of gasoline as a fuel subsequent to discharge of such gasoline from bulk terminals; or (ii) where the exposure to benzene is only from liquid mixtures containing 1 percent or less of benzene by volume, or the vapors released from these liq uids. (b) Definitions, "Assistant Secre tary" means the Assistant Secretary of Labor for Occupational Safety and Health, or designee. "Benzene" (C6H6) (CAS Registry No. 000071432), means benzene, or a mixture of liquids containing benzene, or the benzene vapor released by these liquids : i 690