Document bB829VewYYyDpXgpx2ZrqpbM1

PROPOSED RULES 16897 made for an opportunity to observe monitoring by employees or their desig nated representatives, as required by sec tion 8(c)(3) of the Act. C. Control methods. Where detectable fevels of VC are monitored, two pro grams would be triggered; an engineer ing and work practice program to reduce levels below detectability; and while this is on-going, a respiratory protection pro gram for employees in the regulated area. Engineering controls and work prac tices are favored methods of compliance because they tend to avoid contamina tion of the ambient air in the workplace. Accordingly, it is proposed to require the institution of engineering controls and of workpractice methods as soon as feasi ble. and to require the use of respirators pending the institution of such controls, to supplement such controls where they are insufficient to reduce concentrations of vinyl chloride below the detectable level, in specified work situations, and in cases of emergency. The proposal for continuous flow and pressure demand types of respirators is based on the rec ommendations of NIOSH, which has ob served leakage through chemical car tridge respirators at high concentrations of VC. A requirement would also be estab lished for the provision and use of pro tective clothing for employees in the reg ulated areas. The protective clothing would minimize skin contact with VC vapor, and would provide some measure of protection from splash of liquid in the event of a spill or rupture of equip ment. Food, beverages, and like products would be prohibited in the regulated area. Written operational and emergency plans would be required, along with em ployee training in routine and emergency duties. Specific requirements would be established for emergency actions and for routine maintenance and decontami nation operations, including vessel entry, which are known to present particular hazards. The purposes of operational and emer gency plans and training are to apprise employees of the hazards to which they may be exposed, of the precautions they must take to avoid such hazards, and to rehearse employees in the procedures they must follow in emergencies. D. Medical surveillance. Comprehen sive requirements for employee medical examinations are proposed, including necessary tests. Some additional guid ance is included for the convenience of physicians. The proposed requirements have been recommended to OSHA by NIOSH as reasonably appropriate to de tect liver dysfunction which may be in dicative of, or predisposing to. the de velopment of liver angiosarcomas. E. .Records and reports. Records of monitoring, medical examinations, and entry to regulated areas are proposed, with provision for access by appropriate OSHA and NIOSH officials. Specific pro visions for employee access to monitoring records are Included, as well as the re quirement to furnish a copy of a medical record to an employee's physician on the employee's request. Establishments con ducting VC operations would be required to identify themselves to OSHA. and to report incidents (accidents) resulting in the release of vinyl chloride. Accordingly, pursuant to sections 6(b), file), and 8(c) of the Occupational Safety and Health Act of 1970 (84 Stat. 1593, 1596, 1599; 29 U.S.C. 655, 657), Sec retary of Labor's Order No. 12-71 (36 FR 8754) and 29 CFR Part 1911. it is here by proposed to amend 29 CFR Part 1919 by revising .5 1910.93q as set forth below. Written data, views, and arguments concerning the proposals may be mailed to the Docket Officer, Docket OSH-36, Room 239, 1726 M Street, N.W., Occupa tional Safety and Health Administra tion, Washington, D.C. 20210, post marked not later than June 10, 1974. Pursuant to 29 CFR 1911.11 (b) and (c), interested persons may file objec tions to the proposals, requesting an in formal hearing with respect thereto, in accordance with the following condi tions: (1) The objections must include the name and address of the objector; (2) The objections must be post marked on or before June 10, 1974: (3> The objections must specify the provisions of the proposed rule to which objection is taken, and must state the grounds therefor; (4) Each objection must be separately stated and numbered; and (5> The objections must be accom panied by a summary of the evidence proposed to be adduced at the requested hearing. As revised, 1910.93q would read as follows: I910.93q Vinyl Chloride. (a) Scope and application. (1) This section applies to any area or operation in which vinyl chloride (chloroethene). Chemical Abstracts Service Registry No. 75015, is manufactured, reacted, re leased, repackaged, stored, or used, in cluding areas and operations involving polyvinyl chloride where detectable levels of vinyl chloride are released, (2) This section does not apply to the handling or use of fabricated products made entirely or in part of polyvinyl chloride. (b) Definitions. (1) "Assistant Secre tary'' means the Assistant Secretary of Labor for Occupational Safety and Health. U.S. Department of Labor or his designee. (2> "Authorized employee" means an employee whose duties require him to be in the regulated area and who has been specifically assigned by the employer; and any employee who enters such an area as a designated representative of employees to exercise an opportunity to observe monitoring and measuring of vinyl chloride. (3> "Closed container" means any container which prevents the release of vinyl chloride to the environment. (4) "Contaminated" means capable of releasing a detectable level of vinyl chloride. (5) "Decontamination" means reduc tion of vinyl chloride concentrations to less than detectable levels. (6) "Detectable level" means an air borne concentration of vinyl chloride measurable by a sampling and analytical method capable of measuring concentra tions of 1 ppm, with an accuracy of 1 ppmrt50 percent. (7) "Director" means the Director, Na tional Institute for Occupational Safety and Health, or any person directed by him or the Secretary of Health, Educa tion. and Welfare to act for the Director. (8> "Emergency" means an unforseen circumstance or set of circumstances, re sulting in the release of vinyl chloride into areas occupied by employees. <D> "Exposure" means actual contact with vinyl chloride when unprotected by required personal protective equipment and clothing. 410) "Fabricated product" means a finished product or part of such product, made of polyvinyl chloride, entirely or in part, including semifinished products such as film, sheet, block, bar, or extru sion stock. (11) "OSHA Area Director" means the Director for the Occupational Safety and Health Administration Area Office hav ing jurisdiction over the geographic area in which the establishment is located. (12) "Polyvinyl chloride" means poly vinyl chloride homopolymer or copol ymer before such is converted to a fab ricated product. (13) "Protective clothing" means clothing protective against vinyl chlo ride. (14) "Vinyl chloride" means vinyl chloride monomer. (15) "Waste resin" means any resin or other reaction products removed in the cleaning of equipment, such as ves sels and piping. (o Reference. College'of American Pathologists, 230 N. Michigan Ave., Chi cago. Illinois 60601. (4) Regulated areas. (1) A regulated area shall be established where (i) vinyl chloride is manufactured, reacted, re leased. repackaged, stored, or used; or (ii) polyvinyl chloride capable of re leasing detectable levels of vinyl chlo ride is manufactured, reacted, released, repackaged, stored, or used. (2) Access to regulated areas shall be limited to authorized employees. (3) A daily roster of employees enter ing regulated areas shall be made and maintained. The rosters, or summaries thereof, shall be kept for at least 20 years. <e) Monitoring. (1> Every regulated area shall be monitored for detectable levels of vinyl chloride. (2) The monitoring shall assure that any exposure may be determined for each authorized employee with a confi dence level of 95 percent. (3) Employees or their designated rep resentatives shall be afforded an oppor tunity to observe monitoring and measur ing required by this paragraph. (i> Where exercise of an opportunity requires entry to an area where the use NO. 92--^t. I------ 10 FEOERAl REGISTER, VOL. 39, NO. 92--FRIDAY, MAY 10, 1974 VVC 000006253 16898 PROPOSED RULES of protective clothing, equipment, fa i2) There shall be tests made for <j> Emergency situations. (1) A writ cilities, or procedures is required, such process or equipment leaks and for emis ten operational plan for emergency clothing, equipment, facilities, and pro sion of vinyl chloride which may result situations shall be developed for each cedures shall be provided to all persons from workpractices. The frequency of regulated area. entitled to exercise the opportunity, at no these tests shall be such as to insure the (2) In the event of an emergency, ap cost to any of them. integrity of equipment and adherence to propriate portions of the plan shall bo (ii) Persons exercising the opportu proper workpractices. put into operation. nity shall be instructed regarding: fg) Respiratory protection. >.1) A res (i) Hazardous conditions created by <A> The toxicity and fire hazard of piratory protection program in accord the emergency shall be eliminated and vinylchloridc; and ance with i 1010.134 shall be established the aflcctcd area shall be decontami (B) The protective steps and measures and implemented where respirators are nated prior to the resumption of normal necessary for their protection. required to be used by this section. operations. <iii) Observers shall be permitted, without interference to the persons per forming the monitoring and measuringj to: CA) Observe all steps and procedures related to the collecting, processing, and evaluation of particular monitoring and measurement samples; (B) Record quantities and results obtained; (C) Observe the condition of monitor ing and measuring equipment; <D) Receive a demonstration of the calibration and function tests of the <2) Respirators shall be used only in cases of emergency and where required by any other provision of this section. Respirators may not be used in lieu of feasible engineering controls or v.orkpractice methods. < 3 > Respirators or combinations of respirators for protection against vinyl chloride shall be selected from among the following: (1) A positive pressure full facepiece self-contained breathing apparatus: <ii) A pressure-demand full facepiece self-contained breathing apparatus op erating in the pressure-demand mode; <ii) Special medical surveillance by a physician shall be instituted within 24- hours for employees present in the af fected area at the time of the emergency. dii) Where an employee has a known contact with liquid vinyl chloride such employee shall be required to shower as soon as possible, unless contraindicated by physical injuries. <iv) An incident report on the emer gency shall be reported as required in paragraph (q)(2) of this section. <3) Each authorized employee shall be trained in a program relating to the hazards of vinyl chloride and the pre monitoring and measuring equipment performed on site; and (E) Examine instructions and docu ments related to the procedures and equipment for monitoring and measur ing. (4) Accurate and complete records of all required monitoring shall be made and maintained for not less than 2D years. Such a record shall (il state the date of such monitoring and the levels determined; and (ii) identify the instru ments and methods used. (f> Engineering controls and workpractice methods. (1) Where detectable levels of vinyl chloride are measured, immediate protection shall be provided against exposure to vinyl chloride by the use of engineering controls, workpractice methods, and respirators as follows: ri) Feasible engineering controls and workpractice methods shall immediately be used to reduce airborne concentra tions of vinyl chloride below the detect able level; (ii) Wherever feasible engineering controls and workpractice methods which can be instituted immediately are not sufficient to reduce concentrations of vinyl chloride below the detectable level, they shall nonetheless be used to reduce the concentrations to the lowest prac ticable level, and shall be supplemented by means of respirators in accordance with paragraph (g) of this section; (iii) Wherever no feasible engineering control or workpractice method can be instituted immediately, immediate res piratory protection shall be provided in accordance with paragraph (g) of this section; and (iv) In any case covered by paragraph <f)(l) (ii) or (iii) of this section, the (iii) A combination type "C" pressuredemand full facepiece respirator oper ating in the pressure-demand mode and a pressure-demand self-contained breathing apparatus operating in the pressure-demand mode; or < iv) A combination type "C" continu ous flow respirator and a pressure- demand self-contained breathing ap paratus operating in the pressure-de mand mode. <h) Protective clothing. (1) Employees entering regulated areas shall be pro vided full-body protective clothing, foot wear or shoe covers, and gloves, at no cost to them, and required to wear it while in the regulated area. (2) Where polyvinyl chloride powder containing detectable levels of vinyl chloride is handled, employees shall also be: <i) - Provided and required to wear headcoverings; <ii) Required to remove all protective clothing at each exit from the regulated area; and (iii) Required to shower after the last exit of the day. '3> Clean protective clothing shall be provided whenever contaminated or soiled, but not less frequently than weekly. Contaminated clothing shall be decontaminated before reuse by removal for laundering or disposal. <i) Hygiene facilities and practices. < 1 > Where employees are required by this section to wear protective clothing and equipment, change rooms shall be provided in accordance with 1910.141(e). '2) Where employees are required by this section to shower, shower facilities cautions for safe use. ri) The program shall include: <A) The nature of the fire hazard, and the necessary protective steps; (B) The nature of the toxic hazard, including local and systemic effects, acute and chronic effects including specifically the carcinogenic hazard; (C) The specific nature of operations which could result in exposure to vinyl chloride, and necessary protective steps: iD) The purpose for and application of the medical surveillance program; iE> The purpose for and application of decontamination practices; <F) The purpose for and significance of emergency practices and procedures: (G) The employee's specific role under normal operating or emergency condi tions; iH) Specific information to aid the employee in recognition and evaluation of conditions and situations which may result in the release of vinyl chloride; < I) The purpose for and application of specific first aid procedures and prac tices; (J) A review of this standard at the employee's first training and indoctri nation program and annually thereafter. <ii) All materials relating to the pro gram shall be provided upon request to authorized representatives of the Assist ant Secretary and the Director. <k) Signs and labels. (1) Entrances to regulated areas shall be posted with signs bearing the legend: CANCER-SUSPECT AGENT AREA AUTHORIZED PERSONNEL ONLY <2) Areas containing operations cov ered in paragraph (k) (1) (4) of this sec tion shall be posted with signs bearing the legend: employer shall also undertake as soon as practicable a program to reduce airborne concentrations of vinyl chloride below the detectable level, or to the greatest shall be provided in accordance with 1910.141(d) (3). <3) Storage or consumption of food or beverages, storage or use of smoking CANCER-SUSPECT AGENT IN THIS AREA FULL IMPERVIOUS AIR-SUPPLIED EQUIP MENT REQUIRED AUTHORIZED PERSONNEL ONLY extent feasible, solely by means of engi or non-food chewing products, and the (3) Containers of waste or other ma neering controls and workpractice meth storage or application of cosmetics are terials contaminated with vinyl chloride ods and as soon as feasible. prohibited In regulated areas. shall be labeled: FEDERAL REGISTER, VOL. 39, NO. 92--FRIDAY, MAY 10, 1974 VVC 000006254