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Title 20--Labor emergency rcturv.ciry standard <t*t forth CHAPTER XVM--OCCUPATIONAL SAFETY AWO HEALTH Ar: ::.';CTnATlON, DE PARTMENT OF U.zzn PART 1910--OCCUPATIONAL SAFETY ANO HEALTH STANOAROS Emergency Temporary Standard on Certain Carcinogens below Li tu protect the employ- t'rrmi such c->:*!-.11ro PurutiNic to nrviv'.iin.* -*ii nt `*.r ?. .'-fr- :n ac cordance with suciton (J'b< of cite act. la which the emergency temporary standard will serve as a proposed rule, together with other subsidiary rules. As Pursuant to section 6(c) of the WU- Uams-Stcttfcr Occupational Safety and Health Act of 1070 *29 UJ3.C. G> and Secretary of Labor's Order No. 12-71 (3S FR 8734). part 1910 of UUc 29. Code ot Federal Regulations, is hereby amended la the manner set forth below, in order to provide an emergency t'um'onvry standard deniiiv? `U the cpvur& of employee* t- lifted xu-^tances th\t r.- 'T." ...........- soon os possible, a draft environmental impact statement will be (lied with the Council on Environmental Quality, and copies will be sent to other appropriate Federal agencies for their comments. In addition, a copy of the proposed rules to be noticed under section G<b> will bo sent to the Environmental Protection Axonry for its comments under section 309 of the Clean *lr -Vt. Purt 1010 is iinondcd by adding a new Concern :or Uic ur.uucrs jr.nctene In 2 1910.j-!c to rend as follows: the ocrujaUwnal exposure to ourclco- S I9l0.93e Carviautfeiw. genie substances was one of the reoaone for enaetment of the oca See Senate Re* port No. 91-1282. 91st Congress. 2d seestoo. 2 (1970) . Administrative attention was ad dressed. tb the problem about 1 year ago. On May 22. 1972. the Deputy Assistant Secretary of Labor for Occupational Safety and Health- requested informa tion from the Director of the National Institute for Occupational Safety and Health (NTOSHV on nla* subetanees ab (a) Scope and application.--`This secUou applies to any activity in which a carcinogen Is manufactured, processed, used, repackaged, released, handled, or otherwise present in any manner. (b> Di/tnittons. -- 11) "Carcinogen" means any of the substances Usted be low, or compositions containing such substances, but doss noe include com positions containing less than l percent by weight of the listed carcinogens: leged to be carcinogens. As part of hie effort to gala the best available scien tific date, the Director published on July 6L 1972. at 37 FR 13289. a request for Cem> pNu*ts CtieaSMb CbatBlni caniMoKTtvraaycu Information concerning is substances. Tlie data, arguments, and conclusions re ceived by NTOSH were made available t-- ]__ R. .M. M:W-.WMAM-(ivamUoiriifuiiiwittuBIiMhiwyMl.r..<......M................. `,r^*r?sl to the Occupational Safety and Health Administration. The Office of Standards continued < 1W.-_.^:--_______.aHLr-I|uUX*niwMm.bNl>d.a.HVirii*MUi rlivluWUliiU<lann*iliii<namH..U.i.n._ili.t^.s.... LMJKIKI77 lt work on carcinogens in preparation for iznUdug recommendations for a standard under section 8 of the set. On January 4. 1973. as petition for an. emergency temporary standard, sub mitted by the OIL Chemical, and Atomic v1MUI1--_.1---.:_--m._,._---.T.1... bH.W1v.M4^>*dv<-aitM]tcdiHnf'wimUwtmltiwi|frHet--Unhi-Aw>tthnv-itI--tMpmtP-ptb->CL.-mi.-ir.-m-lm:.--'.crt-.w.ll.-M.w...-...-...rr.-..Q..-.....-.a..1-..j.i-i..073LMIwU4TJISHe74*4Sl n......... --M..4.M. MUM Workers Union and Health Research Group, was received: and acknowledged by the Departmentof Labor. The petition contained relevant information on the danger of exposure to 10 of the carcin ogens listed in the standard. On February 9. 1973. the Assistant Secretary of Labor published in the F*nuu, Rtozsrsa (38 FR 4Q37>. a notice of the receipt, of the petition for of an emergency temporary standard, (2) "Controlled area" means an area to which access Is restricted and: cantrolled by the employer.. (3) "Decontamination" means the re moval or chemical neutralisation of & carcinogen to a form that is either nontoxic or not capable of easy absorption Into the body. (4) "Present" includes manufactured, and a request, for Information from In processed, used, repackaged, released, terested persons mi the issues involved. handled, or otherwise present. In response to the notice, more than SO written comments'were received, pro viding valuable additional information, data, and material.* mnmrnJny carcin controlled dirty ogens. area changa* On the basis of all the relevant Infor mation before us. it Is hereby found that: (l) The 14 carcinogens listed In room the emergency temporary standard are toxie and physically harmful: (2) that exposure to any of the 14 substances poses a grave danger to employees: (3) that employees are presently being ex posed to the substances; and (4) that the (2) A controlled area may also be connected with an uncontrolled area by means of emergency exits which may only be used In cosq of emergency, such as Are. fc'li Controlled areas.--(l> Any area in 'vhich any <:^.rcm'^?n is present shall be cec!T\cti a sv c-ii i.i i- ri*rti,v*xl a mr.'rnli'' 1 if pr-1* *-- of a cor* cinogeti rcMiiLS otuy from a transship ment in reeled packages. i'2> Open-process vessels and open containers.--Open-process vessels and open containers of a carcinogen shah be permitted only at container Ailing points and at points whero contents of contain ers are charged into process vessels, and only to the excrete necessary to permit transfer of contents. Such transfers shall be under continuous Local exhaust ventilation which shall prevent the dis persion of the carcinogen into any work area. The transfer facilities shall have provision to confine any 3piUs to the area served by the vcntllatioa system. (3) Toilet facilitin and drinking /oun- fains.--No eoilet facilities and no drinking fountains shall be used inside a controlled area. (4) Food and beverage.--No food or beverage shall be permitted within a con trolled area. (5) 5/ao.tfng.--No smoking or smoking materials shall be allowed within a con trolled area. id) (1) Access to controlled areas.-- Except as provided la subparagraph (2> of this paragraph, any controlled area, may be connected with an uncontrolled area only by means of change rooms and shower rooms so arranged chat an. em ployee. In order to enter or leave die controlled- am. must go through the following procedures: (l> la order to enter, an employee must undress completely in a clean change room outstde the cootroiled area, and put on clean protective clothing and equipment: he may eater the controlled area through an entrance designed to prevent the escape of carcinogens from the controlled area- to the change room: til) In order to leave a. controlled area, on employee must eater a separate dirty change room where- he must undress completely and leave every item of cloth ing end equipment, then he must shower in an adjacent room which he-may enter through an entrance designed to prevent the escape of carcinogens from the dirty change room to the shower room. There after. he must enter the clean change room where his street clothes are in his locker. (lii) a physical layout which would conform, to this subparagraph is illus trated below: elann change room * (3> Appropriate Instructions and signs shall be posted to inform employees of the procedures that must be followed in entering and leaving a controlled area, i4> The clean change room shall have noUAL ISOICTfR. VflL 3S, NO. SS--THURSDAY, MAT 3. 1973 _ 2076(5055 BFG05583 RULES AMO REGULATIONS mzi" Definitions of the terms "number or employees" acid rr-.cc; -cs" h"-vo been Added in order to facilitate (he ao- plication of the paragraphs where the terms are used. 2. Paragraph (a)(4) or the proposal purported to regulate expectorating in. workplaces. On the basis or several corn- menu received In opposition to this pro posed subparagraph, any reference to expectorating has been removed from the final standard. The general requirement under paragraph (a) i3> U). Housekeep ing. requiring clean places of employ ment. Is sufficient to cover any problems arising from expectoration. 3. The proposed waste disposal stand ard would have required tight-fitting covers on waste receptacles. Several com ments pointed out that the provision would restrict unnecessarily the design of waste receptacles, and that there are many operations where sanitary condi tions can be maintained. but where tight- fitting cover* would moke operations im- pracuble. The adopted standard takes these comments into consideration, and does nob require a tight-fitting cover if sanitary can. be maintained without-bna; The proposal-otto required, such receptacles to be leakproof. The adopted standard recognises that other receptacles can be used where a process so requires, sa tong as sanitary condi tions can be maintained. 4. ft'omsed paragraph (aMfi). Ver min Control. would have required work places and personal service rooms to be constructed, equipped, and maintained so aa to prevent entrance or harborage of rodents. Insects, and other vermin. The proposal would also require, institution and documentation of an extermination program where vermin were detected. Many comments asserted that it is im possible to. make a workpiece completely vermlnpraof. The comments favored the text of the wetter i isiouilfau*) which, requires venainproofing **so far as reasonably practicable." This text seems to be more realistic than the pro posal and Is accordingly incorporated la Awni standard. Comments ware, also received object ing to the recordkeeping requirements of paragraph (ai <> aa being, too burden some to employers*, and unnecessary for the maintenance of adMtiaii vmmii-m- control program. It Is decided that docu mentation of vermin control programs la not necessary to assure that a particular program Is effective, and reference to such documentation is therefore deleted irom the adopted suuuhuu. 5. Several comments were received on the proposals time drinking water be made available wtthln 300 feet of any place where employees regularly work, and that toilet facilities be within 300 feet from where employees regularly work. Some comments stated that the distance an employee had to walk to a toilet or drinking facility was not related to occupational safety and health, and that the location of such facilities was merely a matter af convenience. Other comments sucrresced that the cost of com pliance with this proposal would result in severe economic hanUhu). in many cases r.-ttli lilt's er no :*.& w r*m>ioye*.-s. Other comments sucrscctcd Ucures otucr chan 300 feet, ranging aa high as 500 feet. Others suggested that the existing standard, which used the 200 fees as a guide rather than a requirement, should be retained. Other criticisms of the pro posal were also offered, but the basic criticism running through ail the rele vant comments on the 300-foot require ment was to the effect that this distance was arbitrary. As a result of the com ments. no fixed distance Is prescribed concerning the proximity of toilet and drinking facilities located in the estab lishment to the locus of the workplace. 9. The uses of potable and nonpotable water were a source of many comments. Use questions of whether nonpotable water could be used for washing any part of the person, as stated in the proposed revision, was the subject of much argu ment. There; the issue ts whether some treated water which is. not fit for drink ing may be suitable, for washing* Medical testimony was presented to the effect that water used In showering is inevi tably ingested into the body; and that showering la. nonpotable water had led to a great many dermatological and other mwdti-aj problems. Other testimony was to the effect that property treated' non potable water was safe for baching and washing, so long' os precautions were ineffect to insure that the bather did not drink the water, dome testimony was presented concerning different grades of water, aatf that some States had strict standards concerning the chemical and bacteriological regulating of water which was deemed suitable for washing, but not for drinking. There was also evidence in dicating that a substantial number of employees are supplied with water sub ject only to minimal treatment, even when the water comes from heavily polluted- sources. It Is not clear whether nonpotable water is safe for washing the body. The problem is made even more difficult be cause of the highly varied quality of nonpotable water systems. This uncertaincy-suggests that the basic protection-, afforded by the existing standard, re quiring the use of potable water for washing, must be retained*- % Comment* were received with re spect to the poetine provisions proposed In paragraphs (b><2> (l) and (lv>. Sev eral comments pointed out an apparent conflict between the two provisions in that the former required the posting to Indicate for what purposes r.sr.pctable water could not be used, while the latter required the posting to clearly indicate the specific uses of the nonpotable water. Other comments indicated that the posting requirements were exces sively burdensome and expensive. Still other comments argued that other methods besides posting, such os color coding. should be allowed as a means of advising employees that the water Is not suitable for certain purposes. It Is Important that there be some means of warning employees iliac certain water outlets, have restricted use. The adopted standard thus retains the re quirement for Ui.; ;h..o allows - automotive means u uv.ruwr .he out- : lets. The conflict which was pointed out os existing in the proposed standard!( has been resolved by requiring the post-' jing to indicate clearly the purposes for f | which such water-is not lo be used. 3. The proposed paragraph <b) (2) (11) 1 would forbid the existence of any crossconnection, open or potential, between any system carrying potable water and any system carrytng nonpotable water. Proposed paragraph (b> (3) (ill) ap peared to allow cross-connections, pro viding that backflow of nonpotable water into a potable water system was pre vented. Several comments were* ad dressed to this possible conflict, some of which advocated the deletion of the par agraph forbidding cross-connections. At the hearing, substantial testimony was presented on the subject of cross-con nections. to the effect that where effec tive backflow preventive devices ore in use. the danger paragraph (b> (2) (U) addressed itself to would become obvi ated. Evidence was also Introduced Indi cating a need for cross-coonecetons- in certain instances throughout Industry. These comments have merit, and accord ingly it is decided that the proposed pro-1 hlbitlon of oil cross-connections should nob be a part of the adopted standard. . The final rule simply states that potable and nonpotable systems must be con structed so that backflow and backsiphonage will be prevented. 9. Proposed 11910.141(e). Toilet facili ties. dealt with the construction, loca tion. and number of toilet faculties ' within, a workplace. Many comments were addressed to proposed table J-L which related the number of employe^ at a workplace with TMi**TM*" number^, of toilet facilities. Several comments suggested that no specific numbers should be Used with reference ro number of toilet facilities required, and that the standard should require only "adequate" or "sufficient" toilet facilities. Others suggested different number} than those in the proposed table, and. submitted Into evidence and testified on the efficacy of several State and organisational plumb ing code*. Upon consideration of all these comments and submissions, table J-i Is made less restrictive- with respect to water closets. Similar commentary was received con cerning the requirement in the proposal that there be at least one lavatory in the toilet room or immediately adjacent thereto for averv required toilet facilitv. Tire evidence has been convincing that this requirement exceeds realistic bounds, and it is decided chat one lava- ' cory aeed be provided for every three ` required toilet facilities. 1' 10. The proposal would eliminate any reference to separate facilities based on sex. Many comnieucs were received on this Issue. The gist is that the standard.. should require separate toilet facilities for each sex. with specified exceptions. The comments pointed out that where men and women .u:.*rcd toilet rooms wv.ii multiple faciliu.es. there coma je serious 207feOGSfi peoeiAi KSCISTER. VOL 34. NO. SJ--rWUfJOAr, MAT r. 1973 BFG05584 RULES AND REGULATIONS io&' :tcL -crvtced so that .aiac;u7 conditions >i'j nw.iutauwd. shod bu capable of bc-15 ' dosed. iml 4!*.All he -.vtih a <lv> lea in contact with drtniang water shall be made of potable water and maintained in a sanitary condltioo. (v> Open containers sued as barrels, pails, or tanks for drinking water from which the water must be dipped or poured, whether or not they are fitted with a cover, are prohibited. (vt) A common drinking cup and other- common utensils are prohibited. (Til) Where single service cups (to be used but once) are supplied. both a sanitary container f.r "juiced cuna and a rcceptario lor dL>'_uur of Uic used c:.-:a diAli 'zi ... J" i2) .Voisora:;u 1> OutlcLi for r.onpotabis ,T.aa.*.r. sucjft as r-ra:ar for in dustrial or firefighting purposes. shaU be posted or otherwise marked in a man ner that will Indicate clearly that the water is unsafe end is not to be used for drinking, washing of the person. cooking, washtng of food, washing of cooking-or eating utensils, weeding of food prepara tion or processing premises, or personal service rooms, or for weeding clothes. Ul> Construction of nonpotable water systems or systems carrying any other nonpotable substance shall be such as to prevent backflow or backsiphoaage into a potable water system. (Ill) Nonpotable water shell not be used for washing any portion of the Mwmi wiring ne eating or clothing. Nonpotable water may be used for cleaning work premises, other than food processing and preparation prem ises and personal service rooms: Pro vided. That this nonpotable water does not contain concentrations of chemicals, fecal collfonn. or other substances which could create insanitary conditions or be harmful to employees. (of Toilet facilities.--(1) General.-- U> Except os otherwise indicated in this subdivision (1), toilet facilities, m toilet room*separate for eaehsex shall be-pro vided in all places of employment la accordance with table J-l of this section. Tfco number of facilities to be provided for each sex shad be based oa the num ber of employees of that sex for whom the facilities are furnished. Where toilet rooms wfll be occupied by-no uxors than one person at a time, can be locked from the Inside, and contain at least one wato closet, separate toast rooms tor each sex need not be provided. Where such single- occupancy rooms have more than one toilet facility, only ane such facility is each toilet room shall be counted for ths purpose of t ' J-L Mataa J-l JffaSnin* number of Humber of employees: teaser eiauu * n* aa St to UQ s. If!rv.m:cm nttniliro/ Humher of vnolereen: -ct7*r dnztUK 111 zo isn . fd) Waiting tec '\ > G'-t- erol.--'.V;. h:r.j ___`.c math- Over tan.--,,,,., i icioittoaal litore for mcS ACOttieael 40 employ--*. 1 `Where tol* feeuittee win ao* be uud by wccxdO. unuu may oe pntr.CeC losteod of water eloccia. except :bivt vhe auniMr of water eloeete :a sues caeo* j&ail aoe be re duces to lose uiea V. of me miatoxunx jpeclfieo. (2) fiaraiortes.--u Lavncor.es shall be made available ia ail places of em ployment m accordance with che require ments for lavatories as set forth in table J-2 of this section. In a muiUple-use lavatory, 24 lineal Inches of wash <nk or 20 inches of a circular basin, *uaa pro vided with water au'iet.i for each space, (ID--The requirements of subdivision (1) of this subparagraph do not Apply to mobile crews or to normally unattended work locations so long as employees wnrfcm.~ at there u-:u:nns have transportatioa istmedir.t-'y available, toc.'.vt'uj- uulcc lowuhiai winv-h meet Che other requiremuuts of this subparo- shall be considered equivalent to one lavatory. The requirements of this sub division do cot apply to mobile crews or to normally unattended work locations if employees working at these locations have transportation readily available to nearby waslung faculties which meet the other requirements of this paragraph. grapii. (ill) The sewage disposal method shall Tams M not endanger the health of employees. Tyw<aplemai SaMr.( MUwm nrnnhw (iv> When persons other than em imninr^ ployees are permitted the use of toilet facilities oa the premise, the number of such facilities shall be appropriately in creased in accordance with table J-L of this section in determining the minimum number of toilet facilities required. (v) Toilet paper with holder shall be H*auv|aei*i-oiHa i-is --L suibtmo, (MMi* f^* Battuta *04 X - -X JHaitar wueiJtfc* a uno. X OwlS,. I wlSlUant asm* (acMlitddOaaB*i.i*n- - provided for every water closet. (rD Covered receptacles shall be kept In all toilet rooms used by women. (vtl) For each three required toilet as lease one lavatory shall be fnrtiirtrtnl ftrlncl** nntiM**, MS tuikUna. *aa Mntof show. t-id*---------^ i SjSSZfiar Met UX tmoiiiy-- Qw im.^. l itnn a* wok ii loaiiim located either in the toilet room or adlucent thereto. Where only one or two toilet faculties are provided at least one lavatory so located shag be provided. (2) Consfraction of toilet room*.--<U Each water closet shall occupy a separata compartment with a door and wails or partitions between fixtures sufficiently high to-assure privacy. (ID Xn all toilet rooms installed on or after August 3X. 1971. the floorand side walls; including the angle formed by the floor and sidewalls, and excluding door ways and eaccshees. shall be watertight. The sidewalls shall be watertight to a of %t least 9 tnnhea CUD The floors, wells, cefUngs, parti tions. and doom of all todot rooms shaU be of a finish that can be easily cleaned In made, on or after Au gust 31.19TL cove hrww shall be provided to facilitate (3) Construction end Installation of (ID Each lavatory snail be provided with hot and cold running water, or tepid running wader. UU) Band soap or cleansing agents shall be provided. (lvi Individual hand towelsor sections thereof, of cloth or paper, warm air blowers or clean individual sections of continuous cloth toweling, convenient to the lavatories, shall be provided. (v> Receptacles shall be provided for disposal of used towels. (vt) Warm sir blowers shall provide air at not less than 90* ?. and shall have means to automatically prevent the dis charge of air exceeding 140* 9. (vtl) Electrical components of warm air blowers shall meet the requirements of subpartS of this pare. (3> Sfiotcen^ili Whenever showers are required by a particular standard, the showers shail.be provided in accord ance with subdivisions (ID through (v) toilet /actfitfcs. (O Every water carnage of this subparagraph. toilet faculty shall be set entirely free (ID One shower shaU be provided for and open from afl enclosing structures each io employees of each sex or nu and shall be so Installed that the space merical fracoon thereof, who are re around the facility can be easily cleaned. quired to shower during the some shift. This provision does no* proulLiit the u*w (UD Body sop or other appropriate of wall-hung-type water closets or url- deansuig agents convenient to rfte show n.i ers shall be provided as specified in para OD Every water closet shall have a hinged seat made oC substantial mate rial having a aonabsorbent finish. Seats installed or replaced after June 4. 1973. shall be at the open-front type. am Nomrater carriage collet facilities graph (d> (2) (UD of this section. Uv> Showers shall be provided with hot and cold water feeding a common discharge line. () Employees who use showers shall be provided with individual clean towels. and disposal systems shall be In accord (e> Change rooms.--Whenever em ance with J 1910.143. ployees are required by a particular ho. K-?t r- KOClAl XSOtSTER. VOL. 2S. NO. S3--TMUftSOAT. MAY 3, 19V3 '20760057 BFG05585